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Backup Documents 10/28/1997 RBCC REGULAR MEETING OF OCTOBER 28, ~997 MapLes DaiLy Xe~s Naples, FL 33940 Affidavit of Publicatio¢~ Naples Daily BOARD OF CO~dTY COf~ISSZO~ERS ATTH: NAHCY SALOGUB PO BOX 41~O16 NAPLES FL ~101-~O16 REFEREHCE: 001~3~ --701237 57~2851 NOTICE OF PUBLIC MEE State of Flori~ C~ty of CoLLter ~fore the undersign~ ~uthority, ~rH ~la Bryant, ~ ~ ~th ~y~ t~t she serves as Assistant Secretary of the ~ples Daily N~s, a ~ily n~s~r ~liah~ at ~ples, in Collier C~ty, Florida: t~t the attach~ c~y of ~e~tis~ ~as ~ttsh~ in ~td n~s~ Affiant further says t~t t~ ~id Naples Daily N~s ts a newspa~r ~lis~ at ~les, in said Collier C~nt%, Flort~, ~ t~t the ~s~r ~s heretofore ~ ~ti~sly ~li~ in ,aid Collier C~ty, Flort~, ~ch ~y ~ ~s ~ ~ter~ as se~ class ~tl ~tter at the ~at office in ~les, tn ~d Collier C~ty, Flort~, for m ~rt~ of 1 year ~xt prec~ the f~rst ~[t~tt~ of the attac~ c~ of ~ertts~t; m~ afft~t further says t~t s~ ~ neither ~td pr~s~ ~y ~r~, firm or c~rati~ any dts~t, re~te, ~tssi~ or ref~ for the ~r~se of mecuri~ this ~vertis~t for ~ltcatt~ tn the said ~s~r. PUBLISHED ON: 10/26 AD SPACE: 52.000 INCH FILED ON: 10/27/97 Sworn to and Subscribed before me this Judith A. FL~nJgan MY COhIMIS,$1ON ~/CC508787 EXPIRES Feb,'ua,T 19, October 28, 1997 BOARD OF COUNTY CC~(ISSIO~ERS AGE~DA October 28, 1997 9:00 A.M. AI~~RATOR AT ~ 13 I]~YS PRIOR TO THE I~ATE OF THE MEETING AND AB~ PERS(]~ ~0 ~ TO APPEA~ A DECISIOtq OF THIS BOARD WILL NEED A ENSURE THaT A VEI~ATXM R~CORD OF THE PROCEED~S IS M~DE, WHICH RECORD 1B, T.T. REGI~ PUBLIC SPEAKERS ~ BE LIICfTED TO FIVE (5) NINUTES UNLESS pI~ISSION POR AIX)ITI0~L TIME IS GRANTED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN I/INCH RECESS SCHEI~]LED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Fr. Joseph spinelli - St. Elizabeth's Roman Catholic Church. 2. ~.~g~_ OF AI&~GIANCE 3. APPROVAL OF ~ A~n CG~SENT AGENI~ Approved and/or adopted w/changes 5/0 ~ oF ~ October 7, 1997 - Regular meeting. At, roved as Presented 5!0 A! 1) Proclamation proclaiming Ana Barbara Day to be accepted by Mr. Modesto Reyes, President of the Latin-American Festival of Collier County ,~lovted 5/0 Page 1 October 28, 1997 1) Eleanor Jane McDonald - Veteran Services - 10 years 2) Robert Salvaggio - Building Review & Permitting - 10 years 3) Eric Watson - EMS - 10 years 4) Charles Williams - Facilities Management - 5 years A) a~LYSIS OF CSASSES TO ~ FOR co~rn;G~c . 1) General Fund (001) FY 96/97. 2) Community Development Fund (113) FY 96/97. (301) FY 96/97. 3) Facilities Construction Fund 1) General Fund (001) FY 97/98. 2) Community Development Fund (113) FY 97/98. 3) Facilities Construction Fund (301) FY 97/98. 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. Meridia~ Securities, Inc., 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. Agreement Acce~ted 5/0 PUHUIC pETITIOnS PUBLIC WO~S c) PUBLIC Page2 October 28, 1997 D) 1) Approval of Purchasing Productivity implementation Plan Continued to 11/4/97 2) Discussion regarding request from Isles of Capri Advisory Board Comtinued to 1114197 AnU~X~ A~ A) Recommendation for the Board to consider a proposed settlement agreement regarding the Lely Barefoot Beach Guardhouse litigation (continued from the 10/14/97 agenda) Continued Indef~tely B) Revised Draft Memorandum of Understanding - Environmental Impact Statement (EIS) Southwest Florida, Between the Army Corps of Engineers, Collier County and Lee County. Tabled to Neeting of 11/4/97 5/0 10. BOARD OF A) Appointment of members to the Lely Golf Estates Beautification Advisory Committee. Rea. 97-406 reappointilmgRobert C. Cole and George C. Pearson - Ad~t~ 5/0 B) Direction from the Board of County Commissioners regarding vacancy on the Collier County Public Health Unit Advisory Board. 'robe reaz~xtise~ 5/0 Recommendation to Declare Vacancies on the Tourist Development Council. Vacancies 4eclared 5/0 11. ~C~~OFFICERS P~LIC O[~F~f~(IE~I1ALTOPICS A. Ty Agostin re Landfill Advisory Board iK~BLiC~NIIJ~B~H~ARDI]~DIATI~LYFO~STAFFITI~S Page 3 October 28, 1997 12. ~TISED P~BLIC HEAI~XI~GS - BCC A. CO~P~SIV~ PlAN 1) A~option o~ the 1996-97 ~-based Growth Management Plan ~en~ents in accor~nce with the adopted Evaluation and Appraisal Report in accordance with BCC direction and in response to the Objections, Reco~endations, and co~ents Report (ORC Report) received ~rom the Department of Co--unity A~fairs. ~r~ti~/~ ~ce Ei~ ~t~ 5/0 ~. 97-54 ~d. 97-55 ~t to ~i~ ~r~h.~~I ~t~ 5/0 ~t~~ ~. 97-56 ~t~ w/c~ges 5/0 ~. 97-57 ~le ~t~ ~Bl~t - ~. 97-58 ~~ ~ ~~t - ~t~ 5/0 ~. 97-59 ~t=~ gr~t~ ~Bl~t - ~t~ 5/0 ~d. 97-60 blid ~te ~Bl~t - ~t~ 5/0 ~. 97-61 ~a~ge ~Bl~t - ~t~ 5/0 C~emti~ & C~ ~g~t Bl~t - T~l~ ~d. 97-66 ~d. 97-62 ~~mti~ ~~t - ~t~ 5/0 ~. 97-63 ~~ ~t - ~t~ w/c~es 4/1 ~~l~ ~ ~~ PI~ - ~1~; ~d. 97-65 ~t~ 5/0 ~. 97-64 ~l~ ~ ~t~ Plu - ~t~ 5/0 ~. 97-67 ~t=e ~ U~ Bl~t - ~t~ w/c~ges 5/0 ~r~i~ PI~ ~t~ ~ to ~ ~tt~ to ~ - ~~ 5/0 1) 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. Res. 97-407 - A~te~lwith filim~ fee 5/0 2) Recommendation that the Board of County Commissioners adopt an Ordinance amending Ordinance 90-105, the Collier County Contractor's Licensing Board Ordinance. Or~. 97-68 - A~t~ 5/0 3) Petition $NR-97-6, Caroline Spounias requesting a street name change from 2nd Avenue S.W. to Mahogany Ridge Drive located in Golden Gate Estates Unit 32 in Sec. 9, T49S, R26E. (Continued from the meeting of 9/23/97) Res. 97-408 - Adopted 5/0 Page 4 October 28, 1997 4) Petition SNR-97-7, Caroline Spounias requesting a street name change from 4th Avenue S.W. to Carrotwood Road located in Golden Gate Estates Unit 32, in Sec. 9, T49S, R26E. (Continued from the meeting of 9/23/97) Res. 97-409 - Adopted 5/0 5) 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 Sec. 9, T49S, R26E. (Continued from the meeting of 9/23/97) Res. 97-410 - A~ted 5;0 6) Petition SNR-97-9, Caroline Spounias requesting a street name change from 8th Avenue S.W. to Sycamore Drive located in Golden Gate Estates Units 32 and 34, in Secs. 9 and 16, T49S, R26E. (Continued from the meeting of 9/23/97) Res. 97-411 - A4o~ted 5/0 7) Recommendation to adopt a resolution approving amendments to the Fiscal Year 1996-97 Adopted Budgets. BAR 97-5 - Adopted 5/0 1) Petition CU-97-19, Michael K. Corradi requesting Conditional Use '1' of the 'C-3' Zoning District (Indoor Amusements) to allow for a fortune teller, palm reader, astrologer and spiritual counselor, to be located at 10401Tamiami Trail North in Naples Park Subdivision. Denied - 3/2 (Co~mnissioners Hancock andMac'Kieop~osed) 2) 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 nursery for property located on the west side of Old U.S. 41 and 500 feet south of the Collier-Lee County line, in Sec. 10, T48S, R25E, consisting of 4.09 acres, more or less. (Companion to Agenda Item 13A.(7). Res. 97-412 - Adopted 5/0 3) Petition V-97-9, Susan Hebel Watts of WCI Communities Limited Partnership requesting a 250 square foot variance from the required 1000 square foot minimum for multi-family units to 750 square feet per unit for property located in Pelican Marsh East in Sec. 25, T48S, R25E. Res. 97-414 - Adopted 5/0 4) Petition CU-97-20, Victoria Carr representing House of Prayer of the Living God requesting Conditional Use "3' of the "VR' Zoning District to allow for a church and church related Page 5 October 28, 1997 services to be located at 619 North Ninth Street in Immokalee. Res. 97-415 - Adopted 5/0 5) Petition SV-97-1, Everglades Private Airboats representing CMC Hearthland 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 single roadway to allow for two additional pole signs for a total of three for a property located on the south side of U.S. 41 approximately 19 miles east of S.R. 951 in Secs. 26 and 27, T52S, R29E. Denied - 3/2 (co~issioners Berry and Mac'Kie _opposed) 6) Petition NUA-97-2, Arthur C. Quinnell representing Naples Land Yacht Harbor, Inc., requesting a non-conforming use alteration in order to allow unit owners to replace existing non-conforming mobile home units, as 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, T50S, R25E. Res. 97-416 - Adopted 5/0 7) Petition V-97-7, William L. Hoover representing Christian Busk (contract purchaser) requesting a 0.91 acre variance from the required lot area requirement and a 33 foot variance from the required lot width for agriculturally zoned property located on the west side of 01d U.S. 41 and 500 feet south of the Collier/Lee County line in Sec. 10, T48S, R25E. (Companion to Agenda Item 13A.(2) Res. 97-413 - Adopted 5/0 8) Petition V-97-8, Stefani 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 Winterberry Drive, further described as Lot 1, Krapf Subdivision. (~TO THE CHARTER FOR THE CITY OF MARCO ISLAND AND THK OPINI(I~ OF THE OFFICE OF THE CfK~qTY ATTO~qEY, THIS MATTER ~ST ~E REFerRED TO THE CITY CfK]NCIL FOR MARCO ISm~D) 14. STAFF'S C~SOfm~CATIO~S 15. BOARD OF CfK~HTY CfI~(ISSI(liI~S' C~CATIOHS COHSI~FFA&~]~qDA - All,Batters listed_umd?r, this item are considered 16. ~an~ actionwill be taken ~y one motion without separate discussion of each ite~. If discussion is desired by a Im~ Of the Board, that item(s) will be reuoved from the Consent A~e~ and considered sel)arately- Ai~)r~ and/orAdoi)tedwithChanges 5/0 Page 6 October 28, 1997 1) Request to approve the final plat of -Longshore Lake, Unit Four" with~nstructionan~lMaintenanceAgreement and Stipulations. 2) Petition AV-97-018, request to approve for recording the final plat of "Stonebridge Unit Four', and approve the vacation of a portion of Tract GC 9 of Southampton, Unit One. l%es. 97-403 w/Performance Bond, Construction and Maintenance Agre~entaz~stipulations. 3) Petition AV-97-012, request to approve for recording the final plat of 'Carlton bakes Tract G' and approve the vacation of Tracts G and C1 according to the plat of Carlton Lakes, Unit No. 1. Res. 97-404 4) Request to grant final acceptance of the roadway, drainage, water, and sewer improvements for the final plat of "Stonebridge Unit Two". Res. 97-405 5) 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. Amount not to exceedS454,289.05 6) Recommendation to au~rove a modification to Commercial Excavation permit No. 59.206 "Willow Run Quarry' located in Sets. 11, 12, 13, and 14, T50S, R26E, bounded on all sides by vacant land zoned "A" except for the north side of the north parcel which abuts the Naples Golf Estates PUD. 7) Request to approve for recording the final plat of Silver Lakes Phase Two-D. w/Letter of Credit, C(~nstruction and Maintenance ~greem~nt and sti~atious. pUSLICWO~KS 1) Inter-local Agreement between the City of Naples and Collier County regarding the Gordon River Extension Basin Study. 2) Accept a Q~itclaim Deed for the Marco Transfer Station from the Deltona Corporation. 3) Adjust Water Management CIP budget (Fund 325) to reflect Page 7 October 28, 1997 De revisions in capital Program. 4) 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. Vendors as listed in the Executive Su~ry to be used. 5) Approve Budget Amendment within the Utilities Operating Pund (408). 6) Authorization to enter into a Consent Order with the Florida Department of Environmental Protection. 1) Approve Addendum III relative to the Sugden Regional Park Preservation 2000 State Grant Award. 2) Terminate the Ocean State Lemonade Concession Agreement at the Golden Gate Aquatic Facility. 3) Seeking endorsement of a grant proposal in conjunction with the Collier County Health Department, Naples Community Hospital, Collier Health Services, Inc., and the Marion E. Fether Medical Center for the State Primary Care Challenge Grant. SUPPORT SERVICES 1) This item has been deleted 2) Award of RFP 97-2668 for the purchase of ambulance billing software A~ to ~t Cx~uter Service in the amount of $22,975.00 1) Recommendation to adopt the budget amendment appropriating carry forward and exq~enditure budgets for open purchase orders at the end of Fiscal Year 1997 in Fiscal Year 1998. 2) Budget Amendment Report. Buret Amencl~ents 97-503; 98-009; and 98-024. 3) Recomm%endation for Board consideration and approval of a Settlement Agreement and Release of claims between the County and a former County employee Pa~e8 Octobe~ 28, 1997 1) Approve the use of Confiscated Trust Funds to purchase sDeciallzed equipment. C0U~T~ A~ 1) Recommendation to a~rove the attached budget amendment which increases reserve for debt service and grant revenue. To be received from the Florida De~ar~t of Tran~l~ortati°n . for their s~sre of theM arco Island Airport Terminal Building Rehabilitatio~ I~o~ect. Page9 AGENDA CHANGE~ BOARD OF COUNTY COMMISSIONERS' BOARD MEETING OCTOBER 2S. 19~ NOTICE OF~ITEM: 94B~-BOARD CONSIDE_R~_ .TI_ON FOR APPROVAL OF A REVISED DRAFT MEMORANDOM OF UNDERSTANDING- ENVlRON~NTAL IMPACT STATEMENT (EIS) SOUTHWEST FLORIDA, BETWEEN THE ARMY CORPS OF ENGINEERS, COLLIER COUNTY AND LEE coowrY. (couro'v AI'roIuvEV). ADD: ITEM 10(C) -.RECOMMENDATION TO DECLARE VACANCIES ON THE TOURLvr DEVELOP, MENT COUNCU~ (BOARD REQUEST). CONTINUE: ITEM ~DXI) TO 11/4 MEE'I~G: o APPROVAL Ol~' PURCHASING PRODUCTIVITY IMPLEMENTATION PLAN (STAFF'S REQUEST). CONTINUE: ITEM 8(I)X2) TO 11/4 M~E~G: - DISCUSSION REGARDING REQUEST FROM ISLES OF CAPRI ADVISORY BOARD. (STAFF'S REQUEST). CO~: ITEM 9(A) (HO DATE)- RECOMMENDATION TO CONSIDER A PROPOSED SE'YI'LEMENT AGREEMENT REGARDING THE LELY BAREFOOT BEACH GUARDHOUSE LITIGATION. (COUNTY ATTORNEY'S REQUEST). PROCLA MA TION Barbara, better known as the Queen of the "Musica Grupera", is a native of Rio Verde, San Luts Potatl, Mexlco; and /ina Barbara's hits ha~ re. ached the billboard list for 30 plus weeks in the fJ..ff.,~, and Mexlco: and ,~na Barbara l~ the recipient of one of the most presttgious awards in the Spanffh market "El Premto I.,o Nueatro "; and Barbara hat al~o won nurner~ other awards, including "Furia Musical"; liked by the Hispanic NOW of Collier R DAY I~97. CtL41RMAN DWIGHT E. BROCK, as Clark of the Circuit court of Collier county Petitioner MERIDIAN SECURITIES, INC. , MERIDIAN CAPITT~L MARKETS, INC. and MERIDIAN BANCORP, INC., Reapop~ants NASD Case No. 96-00747 This Settlement and Release Agreement (the -Agreement") is Bade this~L~____ 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 collectively referred to as -Meridian"). For purposes of this Agreement, Meridian includes all of the Meridian entities' respective predecessors, successors, whether by acquisition, ~erger or otherwise, parents, subsidiaries, affiliates, divisions, attorneys, current and former employees, including Robert Lipp. 1. Meridian has caused $1.2 million (-Settlement Payment") 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 A~reenent. 2. The clerk will execute and deliver a General Release of Meridian in the form attached hereto as Exhibit "A", 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". 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 Co~missioners 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 October 31, 1997. If the Commissioners reject this settlement or fail to approve it by November 30, 1997, Grady Associates, LPA agrees to return the Settlement payment promptly to Meridian, whereupon l~his 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 a) 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. prejudice. 8. b) This Agreement ~ay 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. c) 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. d) ~his 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. e) Should any term(e), 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 terms(s), condition(s) or provision(s) shall be deemed removed from this Agreement. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written aboue. Clerk of the circuit court of Collier County BY: DQfgSt~ :- Br6 Grady & Associates, LPA By: .C',J.'te of FLORIDA County of COLUER j [RESY C£R'nFY Approved and accepted by Board of Commissioners of Co~lial:~Coun~3 ./ / Meridian Securities, Inc. Meridian Capital Markets, Inc. 5 Meridian Bancorp ,~~_~ %% 1 I,,,~/ ,,. '"-k ,' ..... '*'~* *' , ATTEST: "' ' '~''' ' ' ' D',/[GH'r E. BROO(, CLEm.' .' " Apprqv~ as.to form & tggnl sui(:l~*~ .......... NATIONAL ASSOCIATION OF DWIGHT E. BROCK, as Clerk of the Circuit Court of Collier County, Vo MERIDIAN SECURITIES, INC., MERIDIAN CAPITAL MARKETS, INC. and MERIDIAN BANCORP, INC., SECURITIES DEALERS NASD Case No. 96-00747 For and in consideration of the payment of $I .2 million to Dwight E. Brock, as Clerk of the Circuit Court of Collier County, and intending to be legally bound hereby, the Collier County Board of Commissioners, its predecessors, successors, heirs, assigns, and all of its past, present and future agents, employees, representatives, principals and constituents ("Commissioners") release, rcmisc and forever discharge Meridian Securities. Inc.. Meridian Capital Markets, Inc. and Meridian Bancorp. Inc. and their respective predecessors. successors, assigns, parents, holding companies, subsidiaries, affiliates, divisions, past. present and future employees, officers, directors, attorneys, and heirs including Robert Lipp (collectively "Meridian") of and from any and all manner of action or actions and cause or causes of action, suits, debts, claims, sums of money, accounts, costs, expenses. counterclaims, set-offs, contributions, whatsoever in law or equity including, but not limited to, any claim raised or asserted, or that could have been raised or asserted under federal or comnxm law or othcx~i~ (including but not limited to claims for attorneys' fees in the claim fried by the Clerk against Meridian before the National Association of Securities Dealers at number 96-00747 of whatever kind or nature without exception whether foreseen or unforeseen, matured or unmamred, known or unknown, accrued or not accrued, direct or indirect, which the Cotmni~ioners alone or in combination with others have had or have. or can, shall or may htweafter have against Meridian or any of them for or by reason of any cause, matter or thing whatsoever, from the beginning of the world to the present (hereinafter "Claim~"). The Commissioners filrther acknowledges that this Release releases Meridian from all Claims of every kind, legal ~ equitable, Imown and unknown, foreseen and unforeseen. which they now have or had or may hereafter have against Meridian or any of them because of or arising from any act, omission or deed taY, gn, done or occurring on or before the date of this Thc Collier County Board of Commissioners scclit,'zollie rXm~ridiaa'~cc .rc~u~ .cbc State of FLORIDA County of COLUER ! HEREBY CF.~t'IFY THAT th~ corr~jt co~' of a d~cume~ on file In ~oard ~;n~ and R~ 2 October 23, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Hearing Dear Judi: Please advertise the above referenced notice one time on Monday, October 27, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 001-010510-649100 PUBLIC NOTICE OF HEARING At ils regularly schedul~ public mccting of October 28,199'/, commencing at 9:00 A.M., ai th~ Collier County Government Center, 3~ Floor Commission Chamba~, Administration Building, 3301 East Tami~ml Trail, East Naple~, thc Board of County Commissioners shall consider for approval and hcar public commcnt upon thc following Co appear. Board cor~derafion for approv~ ora revised draft Memorandum of Undcmanding-Environment~ hnpac~ Su~tcmcnt (£~S) Southwest Flo~d~ b~veen ~o Army Cozps of Engh~e~ Co,er County and Lee County. BO~D Og ~ COlmISS~ COLLIII COMITY, ~ ~y: /s/Su~ ~rbizetti, Dslmty Cl~rk (SX~L) I~Les DetLy Nevs ImpLe~, Ft. 339A0 Affidavit of t~bLtc~tt~ I~pLes O~ILy Nevs BOA~O Of COUffTY CoIIqI$SIOI~RS ATTN: NANCY SAL~ BOX NAPLES FL RE~OLUTION NO. 97-406 A KE$OLUTION I~APPOINTING MEMBERS TO THE LELY GOLF ESTATE8 BEAUTIFICA~ON ADVISORY COMMITTEE WttEREAS, Collier Cotmty ~ No. 87-69 created the Lely Golf Estates Beatification Advisory Committee and provides tl~ thc committee shall be composed of five (5) memlx ; and WHEREAS, the term~ of two (2) ~ expired on October 1, 1997; and WHEREAS. the Board of Cotmty Commi~ioners previously provided public notice NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU'NTY, FLOKIDA. that: 1. Robert C. COlc i~ hereby ~ to the Lely Golf Eg, ates Beautification Advisory Comm~tt~ fora fo~ year tta-m, ~aid lta'm to ~ October 1, 2001. 2. George C. Peat~on ia hereby n~point~d to the Lely Golf Estates Beautification Advisory Committ~ for a four ymx ~ ~aid t~m to ex'pitt October 1, 2001. BE IT FURTHER RF3OLVBD that tho Board of County Conuni~oncr~ of Collier County berry waives thc provisions of ,~'tion ~zv~n (bXl) of Ordinance No. 86-41, as amended, r~lating to a limitation of two comecu~e tem~ of office, for the ~ of rcappointment of George C. Pear~n to this Committ~. This Re~olution adopted a/k"r motion, ~ and unanimous vote. DATED: October 28, 1997 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ADV. BDfra 12A-1 COLLIER COUNTY ri,OmA Rr,~IJEST FOR LEGAL ADVI:KTISING Olr FUBLIC HEARINGS To:. CJerk to the Board: l~efdeplacetbefoilewJt~fua: I i 1-135317 List Attacluncnts: DiSTUmUTION INSTRUCTIONS subadtlb~toCoun~ ~, Ne~e: Iflepldeesmesst kinvdved, bemrtthat any ms:ess~ry icy, al rcview,°~ rx'q~css rm. sine, b ~ to co.n~ ~m. nt~ bd.s,t ~ M CnntY M~mq~er. 'r~ Mana~r's odflce will distribqfle Clerk's OIllce B. Oqbn'l~arings: initiat~~~mapprovcandsutxnilorigin~lt°Clcrk'sOfficc' rclaimngacopyfort'tlc. / / 12A- 1. BO: BO: 43. "/'7,S-84L0 6 September 29, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to consider the Adoption of 1996-97 EAR_basedGrowthManagement Plan Amendments Dear Judi: Please publish the following advertisement and map one time on Friday, October 17, 1997. The advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisment s]~oul~ not be placed in that portion of the newspaper where legal notices and classified advertisment appear. Send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 111-138317-649100 (Long Range Planning Dept.) October 28, '1 gg7 Bom'd of County Commi~ioners Public Hearing lIA-1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Y tober 8 1997 in the Boardroom, 3"~ FIo(x', Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will hold a public heating to consider the enactment of the following County Ordinances, adopting amendments to the Collier County Grow[h Management Plan. The meeting will commence at 9:00 A.M. The title of the proposed Ordinances are as follows: ORDINANCE NO. 97-~. AN ORDINANCE AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-_._ AN ORDINANCE AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROW'TH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-_._ AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/DRAINAGE SUB-ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FAClMTIES/DRAINAGE SUB-ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. 1tA-1 ORDINANCE NO. 97-__ AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/POTABLE WATER SUB-ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLUER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FACILmES/POTABLE WATER SUB-ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-___ AN ORDINANCE AMENDING THE PUBUC FACILITIES ELEMENT/SANITARY SEWER SUB-ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLMER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FACILITIES/SANITARY SEWER SUB. ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-__ AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/SOUD WASTE SUB-ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLMER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FAClUTIES/SOUD WASTE SUB-ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-___ AN ORDINANCE AMENDING THE PUBUC FAClUTIES ELEMENT/NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE PUBUC FACIMTIES/NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT; BY PROVIDING FOR SEVERABIUTY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-___ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY ESTABMSHING A NEW HOUSING ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97~ AN ORDINANCE AMENDING THE RECREATION/OPEN SPACE ELEMENT OF ORDINANCE NUMBER 89-05. AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLMER COUNTY, FLORIDA; BY AMENDING THE RECREATION/OPEN SPACE ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 91-___ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING AND INCORPORATING THE EXISTING TRAFFIC CIRCULATION, MASS TRANSIT, AND AVIATION ELEMENTS INTO A NEW ELEMENT TO BE KNOWN AS THE TRANSPORTATION ELEMENT; BY PROVIDING FOR SEVERABIUTY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-_._ AN ORDINANCE AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT OF ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-.__ AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROVVTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLMER COUNTY, FLORIDA; BY AMENDING THE FUTURE LAND USE ELEMENT 89--05; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-___ AN ORDINANCE AMENDING THE GOLDEN GATE AREA MASTER PLAN OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COM. IER COUNTY GROW'tH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COM. IER COUNTY, FLORIDA; BY AMENDING THE GOLDEN GATE AREA MASTER PLAN; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. AN ORDINANCE AMENDING THE IMMOKALEE AREA MASTER PLAN OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLMER COUNTY, FLORIDA; BY AMENDING THE IMMOKALEE AREA MASTER PLAN; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. The purpose of the headng is to consider the Adoption of the 1996-97 Growth Management Plan Amendment~ in response to the Objections, Comments and Recommendations Report of the Department of Community Affairs (DCA) according to the Procedures and Criteria outlined in Section 163.3191, Florida Statutes. All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments are on file with the Clerk to the Board and are available for inspection; and at Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section. If a person decides to appeal any decision made by the Board of County Commissionem with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a ved3atim re<:x:m~ of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 12A-1 BOARD OF COUNTY C~ISSlONERS COLLIER COUNTY, FLORIDA TIMOTHY L HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK BT. Is/Sue Ba~bi fetti, oeputy cmd~ (SEAL) 12A- T 47 $ i T 46 S ~o 1 P. ! 12A-1 W~ 1~61297 bcc 3x13 1(~17 PUBLIC HO'rIcE NOTICE OF Ihe ~ Ot the loao~nt M~'d7 4 ANDRA 7.,AI, L,CA~ IX} 1030:20 10/0'~tr7 t'UBLJC NOTIC~ PUBLIC NOTICE iT TO CONS-~Tb~R ORDINANCE 28, 1997 ,~ ~9~AM T~ O~l~NCt fOR T~ P~Ov~DING A.e, AMFI~b~D. THE: COW'$~IIYATION Al, lO COASTAL MANAOEI,,~I~T FLf.¥cl~r 89.0~ AS AMCM~D, THE C:OI. Ut~ COUNTY GI~VTH T' O~ COLUER (X)UN~ Iq. oRJO&- DAT£ THE C.Id)~TA~ IMI~¥~:NT$ ELEM[NI' C~ COUNTY ~:M'TW I~I.,,IAGtMt:NT Iq. Aa, FO~ '11~£ UNPNCOmK)RATEO I. ~. H.,L.'I WE :)ATE. ) M.:~UI It ti,m01 ABLE ~N OI4'DINANC~ NuMKR f0~ I f'ACltll'ff S AN O~f~ IrC~l THC 1HI: /ljm~~J~T_/I~_.A~L[ WATER ~TC ~. F~ THE ~T~ ELEMENT, ~ ~~.17- ~ ~ ~ ~ M~.M~ ~, F~ THE NMCNT~ ~U~t u · , or COLU ~FE~ ~TE. ~DINA~E NUMS~ 89-0~. ~ 1HL ValidATED ,~lV ~H ~EM[NT THC UNI~P~TED ~ A~ta~ IHt IU~l MASTER P~N. BY ~O ~ PR~IDI~ APa L)~LCII~ OAT[ t~ ~ ~ t~ I~97 &~" ~ A~ntS in r~ to ir4 I~ ~ c~cr~ a' Tl~l~ L. ~C~I ~ , CLERK ~ - ~ ~" P~lda I II~l t Ill | r.! .I I nl BI~_i..,L m#! ,L._mpm I I n! rata! e~ I P. 2 12 -1 COLLIEr4 ~Y, F L~ U TI~ L ~. CHAIRMAN ~HT E. ~R~K, CLERK apl Collie Countu IBFoetda 0ct.2'7 '9'7 12:26 ! ~nlnce M 00 A.M. T~ ORO~NANC~ FOR Tltt. SIDER ORDINANCE NOTICE. OF CON ,~ ~..~.,~ ,,~ c~ c~ l:)::~r4 ~ k:) t~ ~ ~" ...... ~ ~ ~[~1~ ~[ ~1~~"~ F~ THE UNI~ ~*' ~ ~0~, THE ~U ~ ~ T~ ~ ~ . ~~. '~[~[ ~[~M[H? ~. r~L~[~N~[ 5U~ L~Em; ~ PK~ FOR S~lL . E~FECT~E D~TC ~ ~OIN~ AMEN~ ~[ TY ~H M~CM[NT , ~O~N~ NUM~ 8~4 ~ ~ TH[ ~ ~ I ~ ~ ~N~NG THE ~SLIC. ~LITItS [I.[MCNT~I V~T~ SU~[~; ~ ~1~ FOR S~~ L I O~~:)~L~. TU~ G~NOWATEff 4 M ~ N F~THEU F R ~[~ RL~[ ~O.[~ N~TEo ~ ~ ~ , ~u U~N~PM~ PM q, FUR l~ ~l~:~ _~,, .T~ ~ T~IT, ~U,. M~kR 8q~ ~ ~L~ ~ ..~ w~ ~TH~ I~t ' ~0 ~ ~M[~ ~ ~ ' ~ ~W~ ~ r~ -, .--~ 12A-1 I .n! I .11, I couhr c .ount~. ~ ID: Fl:iX NO.: 0CT-.~2-'9'7 THJ 14:4~ P-9999 12A-1 ID 941 436 5f~M,,363418 94199'1M393 941 59'7 691)4 9414344652 941 '?"7452E, 1 92634864 9r~ +1 941 434 6218 92634864 ~E~17 t3:13 f~]* 03' 22 94199'7fk393 OK BI~'82'14 941 591 e996 EM{" ~3'e4 92634864 TOT~~ ~4t9,~'~ I 941 436 te3el TOTI~L UPG9 17 12A-1 COl2,/git COUNTY FLOII~A RgQUgST FOR LtGAL ~ING Oi~ P~'BLIC HEARINGS To: Oerktothe Board: Fie~eplacether~mingas~: 111-138317 Com~r Mam~ for same., ~. snbndtml m Connty Attune7 b~eet ~ m Cmss~ Manager. The Manager's ofl~te will distrib~e [] c=,=~ ~.=.~ ~ n~.. D ~ me,~, [] B. Other heauings: Initiating ~ hl~d lo apprc~ and mbmit original to ~'s Off~oe. retaining a copy for file. 12 -1 October 28, 1997 Board of County Commissioners Public Hearing Please publish the following Advertisement and Map on ~ ~ and furnish proof of publication to the Comprehensive Planning Section, 2800 North Homeshoe Drive, Naples, Flodda 33942. The advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. 12A-1 ]10~ 77&-e4,08 September 29, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to consider the Adoption of 1996-97 EAR-basedGrowth Manage~nent Plan Amendments Dear Judi: Please $~blish the following advertisement and map one time on Wednesday, October 22, 1997. The advertisement s~aldbe no less than one-~arter page a~ the headline in the advertisement shoul4be in a type no smaller than 18 point. The advertisment s~oul~not be placed in that $~ortion of the newspaper where legal notices and classified advertisment a~ear. Send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 111-138317-649100 (Long Range Planning Dept.) 12A-1 NOTICE OF PUBUC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on Tuesday, October 28, 1997 at 9:00 A.M. in the Board of County Commissionem Meeting Room, 3'~ Floor, Administration Building, County Government Center, East Naples, Florida. The purpose of the headng is to consider adoption of the Growth Management Plan Amendments by enactment of the following ordinances in accordance with the Evaluation and Appraisal Report adopted in April, 1996 and in response to the Objections, Recommendations and Comments Report (ORC) submitted by the Department of Community Affairs and in accordance with Procedures and Criteria outlined in Section 163.3191, Florida Statutes: ORDINANCE NO. 97-.___ AN ORDINANCE AMENOING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED. THE COLLIER COUNTY GROW'FH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; BY PROVIDING FOR SEVERABIMTY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-.__ AN ORDINANCE AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLUER COUNTY, FLORIDA; BY AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; BY PROVIDING FOR SEVERABIUTY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97- AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/DRAINAGE SUB-ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE PUBMC FACILITIES/DRAINAGE SUB-ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. 12A-1 ORDINANCE NO. 97-.__ AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/POTABLE WATER SUB-ELEMENT OF ORDINANCE NUMBER 89~5, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FACILITIES/POTABLE WATER SUB-ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO, 97-___ AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/SANITARY SEWER SUB-ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FACIlITIES/SANITARY SEWER SUB-ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ~ NO. 97-__ AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/SOMD WASTE SUB-ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLMER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FACILITIES/SOLID WASTE SUB-ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-___ AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF ORDINANCE NUMBER 894)5, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE PUBMC FAClLmES/NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. 12A-i ORDINANCE NO. 97-~_ AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLtER COUNTY, FLORIDA; BY ESTABMSHING A NEW HOUSING ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97~ AN ORDINANCE AMENDING THE RECREATION/OPEN SPACE ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLUER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE RECREATION/OPEN SPACE ELEMENT; BY PROVIDING FOR SEVERABILrFY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-._. AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLMER COUNTY, FLORIDA; BY AMENDING AND INCORPORATING THE EXISTING TRAFFIC CIRCULATION, MASS TRANSIT, AND AVIATION ELEMENTS INTO A NEW ELEMENT TO BE KNOWN AS THE TRANSPORTATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-__. AN ORDINANCE AMENDING THE iNTERGOVERNMENTAL COORDINATION ELEMENT OF ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLMER COUNTY, FLORIDA; BY AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. 12 -1 ORDINANCE NO. 97-~_ AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLUER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLMER COUNTY, FLORIDA; BY AMENDING THE FUTURE LAND USE ELEMENT 89-05; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-___ AN ORDINANCE AMENDING THE GOLDEN GATE AREA MASTER PLAN OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE GOLDEN GATE AREA MASTER PLAN; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 97-_.._ AN ORDINANCE AMENDING THE IMMOKALEE AREA MASTER PLAN OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLMER COUNTY, FLORIDA; BY AMENDING THE IMMOKALEE AREA MASTER PLAN; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. All interested parties are invited to appear and be heard, Copies of the proposed Growth Management Plan Amendments are available for inspection at the Collier County Clerk's Office, 4"' Floor, Administration Building, County Government Center, East Naples, Flodda; and at Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Flodda between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to October 28, 1997, W~ll be reed and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may 12 -1 need to ensure lhilt a veCoatim ~ of the proceedir~s is made, which record BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~MOTHY L. HANCOCK, CHNRMAN DWIGHT E. BROCK, CLERK B~. Is/Sue ~ tutti, Deputy C~rk (SEAL) T41S T4?S T41S I T41S TSOS )(4 -~'J T61S T S2 S ; T ~e~,~,c° 12/%-1 ORIXNAN~E NO. QT- AN Ol:l~~ AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENOED. THE COM,IER COUNTY GROWTH MANAGEMENT PLAN. FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA; BY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. I~e Board of County C, ommtssione~ adopted the Collier County Growth Management Plan on January 10. 1989; and WHEREAS. CoBer County has held public headngs to provide for and encourage public WHEREAS. Collier County did submit the 1996-97 Growth Managernent Ptan Amendments to the DepartTrm~ of Con~ Affairs fo~ pre~ review on April 29. 1997; and WHEREAS. lhe De~ of Community Affairs did review and make written objections to CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan and Iransrnilted the same In writing to Collier County within the time i~'ovided by law;, and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan; and WHEREAS. the Board of County C~ of Collier County did take action in the manner i:mescdbed by law and did hold public he~lngs concerning the adoption of the CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan on October ,1997; and WHEREAS. all applicable substantive and procedural requirements of law have been met; and NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: ~].Q~L~: ADOPTION OF AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan for Collier County. Florida. The Collier County Growth Management Plan CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by combemnt lurumiction, such p(xtion shall be deemed a separate, distract and m(lepert0e~ provision and such holding ~mll no{affect Ute vab:iity of the remaMi~ pgxtlon. SECTION THIEF: EFFECTIVE DATE. with Section 163.3184, ~, whiche~ ~ ~. No ~ (:x'd~, PASSED AND DULY ADOPTED by the Bored of County Comm~on~s of Collier County this ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. BY: TIMOTHY L. HANCOCK CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: /~~IE M. STUDENT ASSISTANT COUNTY ATTORNEY 2 FA~.IT~ ~; BY PROVIDING FOR SEV~R~UTY; ~ BY PROVIOING N~I EFFE~ DATE. ~, ~ Ca,Inly hall held ~ ~ ~ ~ f~ a~ ~m~ public ~, ~ ~ ~ ~ ~ 1~ ~ Ma~nt P~n ~ndmen~ m~~~~~ ~~~~dl~, 1~7; and ~, ~ ~ ~ ~ ~ d~ ~ ~ ~ ~en ~ons to ~ F~ ~E ~ ~~ ~ ~ G~ Ma~nt Plan ~~~~ ~~~~~~~p~ Publ~ F~ ~~E ~ ~ ~ ~ G~ ~t ~n; a~ F~ ~E ~ ~ ~ ~ G~ ~~t ~n ~ ~r .~ 1~7; ~ ~ER~. ~ ~ ~~ ~ ~uml ~uim~ of ~ have ~n ~t; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ~ ~]~J~,j~: ADOPTION OF AMENDMENTS TO THE PUBLIC FAClLmES ELEMENT/DRAINAGE SUB-ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as ~ herein, shall be kx'cw~ as the Public Facilities Element/DRAINAGE Sub-Element Arnendrnen~ to the Growth Management Plan for Collier County, Fkxtda. The CoBer County Growth Management Plan Public Facilities Eiement~RAINAGE Sub-E]emeflt Amendment ~s attached hereto as F_xhi~ A and incorporated heroin by reference. ~ SEVERABlUTY, If my phrase ~ pm'd~ o~ ~l~ Ordin~nce Is held invafld or unce~t~ut~nal by any court of competent jur~Jicti~, such ~ sh~ll t~ ~ · sepanCe, dislk~ and independent The effeclive date o~ ~ ~ to ltm ~ Facilities Element/DRAINAGE Sub- l~s amendmer~ may nevefthele~ be mede effecllve by adoption of a Resolutior~ affirming its effective statu~, a copy of which ~ ~ be ~ to ~ De~ of Community Affairs, Bureau o~ ~ PI~, 2555 8humard Oaks B~vd., 3~ Floor, Taliahas~e, Fiodda 32399-2100. PASSED AND DUtY ADOPTED by Itm Board of Cou~y Com~ of Collier County ATTEST: OWlGHT E. BROCK, BOARD OF COUNTY COMMISSIONERS COM.IER COUNTY, FLORIDA ASSISq'ANT ~XJN'TY ATTORNEY log7 Public F~ ~~ ORDINANCE NO. 97- AN ORDI~ AMENDING THE PUBUC FACILmES ELEMENT/POTABLE WATER SUB. ELEMENT OF ORDINANCE NUMBER 89-05, AB AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FAClMTIES/POTABLE WATER SUB. ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Comrnlss~ adopted the Collier County Growth Management Plan on JamJaty 10, 1989; and WHEREAS, ~ County h~ held pub~ hearings to provide for and encourage public participation throughout the 1996-97 plan amendment process; and WHEREAS, Coater County did submit the 1996-97 Growth Management Plan Amendments to the Department of Community Affairs for prermlinary ~ on April 29. 1997; and WHEREAS, the Department of ~ Affatrs did review and make written objections to Pubr~c Fadlitles Elemmlt/l~ab~ Water Sub-Element Amendments to lhe Growth Management Plan and transmitted the same in wflttng to Coaer County within the time provided by ~ and Department of ~ Affairs to adopt, adopt with changes ~ rtot adopt the proposed Public Facilities Eiement/Potat~ Water Sub-Element Amendments to I~e ~ Management Plan; and WHEREAS, the Board of County Commis~3ners of Collier County did take action in the manner prescribed by law and did hold public bemtngs concerning the adoption of the Public Facilities Element/Potable Water Sub-Eiement Amendments to the Growth Management Plan on October , 1997; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Itmt: ~ ADOPTION OF AMENDMENTS TO THE PUBLIC FACILITIES ELEMENT/POTABLE WATER SUB-ELEMENT OF THE GROWTH This Ordinance as descxfl:md herein, shall be known as Itm Public Facilities Eiement/Potable Water Sub-Element Amendments to the Growltt Management Plan for Collier County, Florida. The Collier County Growb't Management Plan Public Facilities Element/Potabie Water Sub-Element Amendment is attached hereto as Exhibit A and incoq:)orated herein by reference. ~,j~~: SEVERABILITY. If arty phrase or portion of Ibis Ordinance is held invalid or unconstitutional by any court of competent juri~liclion, such porlfon shall be deemed a separate, distinct and independent ~;).J~l..~: EFFECTIVE DATE. The effeclJve date of lt~ Amendment to ~ Public FaciFffies Element/Potable Water Sub- Element shall be the date a final on:let is issued by the Department of Community Affairs or Adminis[~-a~:x~ C.,(xllllllssk~ ~ Ihe Eiefftent in ~ in accordance with Section 163.3184, ~ whichever occurs earlier. No develo~rnent ordem, development this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective statu~, a coplf of which Re~olution shall be sent to the Department of Community Affairs. Bureau of Local Ptanntng, 2555 Shumard Oak~ Blvd., 3~ Floor, Tallahassee, Florida 3239<3-2100. PASSED AND DULY ADOPTED by Ihe B(~anl of County C~ of Collier County ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. BY: TIMOTHY L. HANCOCK CHAIRMAN APPROVED AS TO FORM AND LE~N. SUFFICIENCY: q~~ORIE M. STUDENT ASSISTANT COUNTY ATTORNEY 1997 Public Faciiiti~ Element/Polable Wata' Sub-Element ORDINANCE NO. 97- AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/SANITARY SEWER SUB-ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLMER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FAClLmES/SANITARY SEWER SUB-ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, lfte Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public par'ddpatio~ throughout the 1996-97 plan amendment process; and ~IEREAS, Collier County did submit the 1996-97 Growth Management Plan Amendments to Ihe Department of Community Affairs for preliminary review on Apdl 29, 1997; and VVHEREAS, the Department of Community Affairs did review and make written objections to Public Fadlitk~ Element/SANITARY SEWER Sub-Element Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided WHEREAS, Collier County has 120 days from receipt of the written objections from the Deparln~mt of Community Affairs to adopt, adopt w~th changes or not adopt the proposed Public FaciF(das Element/SANITARY SEWER Sub-Eiement Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner presc~bed by law and did hold public hearings conceming Ute adoption of the Public Facir~ties EIement/SANITARY SEWER Sub-Element Amendments I ) the Growth Management Plan o~ October ,1997; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: :~[~_.~.J:~[~: ADOPTION OF AMENDMENTS TO THE PUBLIC FACILITIES ELEMENT/SANITARY SEWER SUB-ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the 1997 Public Facilities Element/SANITARY SL=VVER S~Jb-Eiement Ammldments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan Public Facilities Element/SANITARY SEWER Sub-Element Amendment is attached hereto as Exhibit A and incorporated herein by reference. . 12A- If any phrase of porlton of ~ Ordinance is held invalid or unoonsUb, dional by any couf~ of competent juflsd~, such portion shall be deemed a separate, distinct and independent ~]Q]~:J~,~ EFFECTIVE DATE. The effec0ve date of Ibis Amendment to the Public FaciF~es Element/SANITARY SEWER Sub-Element shall be ffm date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance w~th Section 163.3184, J~ whichever occurs earlier. No development orders, development this amendment may neverltmle~ be made effective by adoption of a ResolulJon affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3" Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of Octob~, 1997. Al'TEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: /~ORIE M. STUDENT ASSISTANT COUNTY ATTORNEY TIMOTHY L. HANCOCK CHAIRMAN 1997 Public Facilities Element/SANITARY SEWE~ Sub. Ekmlent · ' o.o.uac 1 2_ A - 1 AN OROINANCE AMENDINO THE PUBUC FAClUTIES ELEMENTP3OUD WASTE SUB-ELEMENT OF ORDINANCE NUMBER 89-05. A8 AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PIJ~. FOR THE UNINCORPORATED AREA OF COLUER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FACILrrlES/S(XJD WASTE 5UI~ELEMENT; BY PROVIDING FOR SEVI3:bI~ILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, ~,e Board of County ~ adopted the Coa~ County Growth I~ Plan on January 10, 1989; and WHEREA~, Collier County has held public hearings to provide for and encourage public WI-IEREAS, ~ County did submit ~ 1996-97 Growth Management Plan Amendments tolhe Departmenl ofC, ommunttyNfak$ fo~pmlimtnmy reviewon April 29, 1997; and WHEREAS, the De~ of Community Affairs did review and make written objections to Public Fadlitlas Element/SOLID WASTE Sub-Element Amendments to the Growth Management Plan and transmitted the same in writing to Collim' County within the time provided by law; and WHEREAS, Collier ~ has 120 days from receipt of the written objections from the Department of Community ,Mfak~ to adopt, adopt with changes or not adopt the proposed Public Facilities Eiement/SOUD WASTE Sub-Element Amendments to the Grow~ Management Plan; and WHEREAS. the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the Public Factlittea Eiement/SOLID WASTE Sub-Element Amendments to the Growlh Management Plan on October , 1997; and WHEREAS. ell applicable substanUve and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: ~-..~: ADOPTION OF AMENDMENTS TO THE PUBLIC FACILmES ELEMENTISOMD WASTE SUB-ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as descried ~, ~ ~ ~ ~ ~ 1~7 ~ Fa~ Element/SOUD WASTE 8ub-Elemem Amendments to the Growlh Management Plan for Cc41ier County, Florida. The Collier Colalty Growth Management Plan Public Facilities Element/SOLiD WASTE Sub-Element Amendment is attached hereto as Exhibit A and incorporated herein by reference. . 12A- competent Jurlsdictlo~. such pcxtion shall be deemed a separate, distinct and independent ~: EFFECTIVE DATE. The effective date of this Amendment to lhe Public Fecilitles Element/SOLID WASTE Sub- Element shall be the date a final o~Jer is issued by the Department of Community Affairs or 1B3.3184. ~!~. whtcl~r oocut~ ~arli~r. No clev~nt ~'ders, developrn~nt I~corne effecl~. If a ~ ~ of no~ i~ b, su¢~cl by I~ Adrn~i~-at~:~n Commission, PASSED AND DULY ADOPTED by ~ ~ of County Commissto~rs of Ooilier Count/ ATTEST: D~GNT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 1~' MARJORIE M. STUDENT A~818'I'ANT COUNTY ATTORNEY TIMOTHY L HANCOCK CHAJRMAN 1 1997 Public Factlitt~ Eiemeal/8OUD WASTE Sub-Element 12A-1 ORDINANCE NO. 97-__ AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/NATURAL GROUNDWATER AQUIFER RECHARGE SUB- ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLUER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COM.IER COUNTY, FLORIDA; BY AMENDING THE PUBUC FAClMTI~TURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Ire Board of County Commis$~ adopted the Collier County Growth Management Plan o~ January 10, 1989; and WHEREAS, Collier County has hell public hearings to provide for and encourage public participation throughout the 1996-97 plan amendment process; and WHEREAS, Collier County did submit the 1996.97 Growth Management Plan Amendments to the Deparlment of Community Affairs for pmlimi~ry review o~ Apdl 29, 1997; and WHEREAS, lite Depafl]'ne~ of Community Affairs did revfl~w and make wdtten objections to Public Facilities Element/NATURAL GROUNDWATER AQUIFER RECHARGE Sub-Element Amendments to the Growth Management Plan and transmitted the same in writing to Collier County wi~in the time provided by law;, and WHEREAS, Collier County has 120 days from receipt of the written ob~'tions from the Department of Community Afrak~ lo adopt, adopt with changes or not adopt the proposed Public Fadlitlas Element/NATURAL GROUNDWATER AQUIFER RECHARGE Sub-Element Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the Public Facilities EiemenFNATURAL GROUNDWATER AQUIFER RECHARGE Sub-Element Amendments to the Growth Management Plan on October......._, 1997; and WHEREAS, all applicable subslantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: .~: ADOPTION OF AMENDMENTS TO THE PUBLIC FACILITIES ELEMENT/NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the Public Facilities Eiernent/NATURAL GROUNDWATER AQUIFER RECHARGE Sub-Element Amendments to the Grow~ Management Plan for CoiBm' County, Flodda. The Collier County Growth Management Plan Public Factlil~l Element/NATURAL GROUNDWATER AQUIFER RECHARGE Sub-Element Amendrnerlt is attached hereto and irtcoqx:x'ated herein by reference. ~.~: SEVERABILITY. If any phrase or ix~tion of ~ Ordinance is held Invalid or unconstitutional by any court of competerlt jur~diclk3n, such ~ shall be deemed a separate, distinct and Independen! provision and such holding shall not affect the validity of the remaining portion. ~: EFFE~ DATE. The effeclive date of this Amendment to the Public Facilities Element/NATURAL GROUNDWATER AQUIFER RECHARGE Sub-Element shall be tim date a final order is issued by the De~ of Community Affaim m' Administration Commission finding the Element in comp~ In accordarx3e wtth Section 183.3184, E]g~da_~aJJ~, whichevar occurs eadler. No development orders, development permits, o~ land uses dependent o~ this Element may be issued (x commence before tt has become effective. If a final order of noncompliance is issued by the Adrninislz'ation Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effeclNe status, a copy d which Resolution shall be sent to the Department of Community Afl'aim, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3'~ Floor, Tallahassee, Fiodda 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this ~ day of October, 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: q~ MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY TIMOTHY L HANCOCK CHAIRMAN 1997 Public Facilitiea Element/NATURAL GROUNDWATER AQUIFER RECHARGE Sub-Element ' " 12A-1 ORDINANCE NO. 97-..__ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLUER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIF..R COUNTY, FLORIDA; BY ESTABUSHING A NEW HOUSING ELEMENT; BY PROVIDING FOR SEVERA~ILITY; AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS, lhe B~erd of County ~rs adopted the ~ County Growth Managemeflt Plan o~ Janua~ 10. 1989; and WHEREAS. Collier County has hetd public hastings to provide for and encourage public partidl:~ ttmughout ~ 199e-g7 I:~n amendmem procass; and WHEREAS. Co/lief County did submit ~ lg96-97 Growth Management Plan A~'nendments WHEREAS, Ihe Department of CommunJly AJ~ did review and make written objections to Housing Element Amendmen~ to the Grow~ Manegemem P~n and trar~rnttt~ the same in WHEREAS, Ihe Boa~l of C~ ~ of Collier County did take action in the WHEREAS, all apl~:able substantNe and procedural requirements of law have been met; and NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: ~,~..~: ADOPTION OF AMENDMENTS TO THE HOUSING ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as de~::rlbed heroin, shall be known as lhe Housir~g Element Amendments to the ~ Ma~ Pta~ for Collier County, Florida. The Collier County Growth Management Plan Housing Element Amendment is attached hereto as Exhibit A and incoqx~ated herein by ~ SEVERABILITY. If any phrase or IX~lton of this Ordinatx:e IS beld Invalid or uncon~ttlutionai by any courlof com~:~,~lt jt,~l~liction, ~ctt I:X:~k~ ~ be ~ a ~, dl~tklct and independent ~,J~: EFFECTIVE DATE. The effective date of this Amendment to the Housing Element shall be the date a final order is issued by the Department of Community Affaim or Administration Commission finding the Element in corn#lance in accordance with Section 163.3184, ~. whichever occurs earf~r. No ~ orders, dev~ pem'lits, or land uses dependent on this Element mm/be issued or c~mmeace be~-e it has become effective. If a final order of noncompliance is issued by the Admintslxatlon Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the De~ of Community Affairs, Bureau of Local Planning, 2555 Shurnard Oaks Blvd., 3'~ Floor, Tallahas~e, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County ~ of Collier County ATTEST: DW1GHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. BY: APPROVED AS TO FORM AND LEGAL SUmCIENCY: ~q~-MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY TIMOTHY L HANCOCK CHAIRMAN · . 12A-1 ORDINANCE NO. 97-,.__ /~ ORDINANCE AMENDING THE RECREATION/OPEN SPACE ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLUER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE RECREATION/OPEN SPACE ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHERF_A~, lhe Board of County Commtssiormm adopted ltm Collier County Growth Management ~ on Jarmary 10, 1989; and WHEREAS, ~ County has held public hearings to provide for and encourage public participation throughout the 1996-97 plan amendment process; and WHEREAS, Collier County did submit the 1998-97 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on April 29, 1997; and WHEREAS, the Depalme~ of Community Affairs did review and make written objections to Recreation/Open Space Element Amendments to the Growth Management Plan and transmitted WHEREAS, Collier County has 120 days from receipt of the wrfften objections from the Department of Community Affairs to adopt, adopt wflh changes or not adopt the proposed Recrealion/Open Space Elemeflt Ammlclments to the Growffi Management Plan; and WHEREAS, the Board of Cou~ Commiasioners of Collier County did take action in the Recmaflc~Open Space Element Amendments to Ihe Growth Management Plan on October , 1997; and WHEREAS, all applicable substantive and pmcadural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~.~.~: ADOPTION OF AMENDMENTS TO THE RECREATION/OPEN SPACE ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as delK~bed herein, shall be known as the Rec~atJon/Open Space Element Amendments to the Growl~l Marmgement Plan for Collier County, Florida. The Collier County Growlh Management Plan Recreatio~VOpen Space Element Amendment is attached hereto as Exhibit A and I~ted herein by reference. ~ SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or u~l by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent . lP_A-1 ~ EFFECTIVE DATE. The effective date of ~ Amelldm~ to ~ Rm::n~Uon/Open Space Element shall be the date a final ord~ is issued by ltte De~ of Community Affairs or Administration Commission finding the Element in cornpaan~ in accordance wilt1 Section 163.3184, whichever occum earlier. No development orders, development permits, or land uses dependent on this Element may be issued or commence before it has become effective. If a final order of noncompllallce is issued by Ihe Administration Commt~, I~is amendment may nevertheless be made effective by adol~on of a Resolution affirming its effecb~e status, a copy of which Resolution shall be sent to the Depmlment of Community Affahl, Bureau of Local Planning. 2555 Shumard Oaks Blvd., 3~ Floor, Tallahassee, ~ 32399-2100. PASSED AND DULY ADOPTED by the Board of County Cor/xlliss~rs of Collier County this ~ day o[ October, 1997. ATTEST: DWIGHT F.. BRC)C~ CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By:. BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY TIMOTHY L HANCOCK CHAIRMAN " 12 -1 ORDINANCE NO. 97-.._. AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05. AS AMENDED, THE COLUER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA; BY AMENDING AND INCORPORATING THE EXISTING TRAFFIC CIRCULATION, MASS TRANSIT, AND AVIATION ELEMENTS INTO A NEW ELEMENT TO BE KNOWN AS THE TRANSPORTATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Cormntssioners adopted the Collier County Growth Management Plan on Janua~ 10, 198i~, and WHEREAS, Collier County has held public heatings to provide foe and encourage public participation throughout the 1996-97 plan amendment process; and WHEREAS, Collier County did submit the 1996-97 Growth Management Plan Amendments to the Department of Community Affairs foe preliminary review on April 29. 1997; and WHEREAS, the Department of Community Affairs did review and make written objections to TranspoetalJon Element/Traffic Circulation Sub-Element Amendments to the Growth Management Plan and tmnsmitt~ the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes oe not adopt the proposed Transportation Eiernent Amendments to the Growth Management Plan; and WHEREAS, the Board of County CommLasionars of Collier County did take action in the manner prescribed by law and did hold public hearings concerning ~ adoption of the Transpodalion Element Amendments to the Growth Management Plan on October ,1997; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: ~.[QbLOJ~[E: ADOPTION OF AMENDMENTS TO THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described heroin, shall be known as the Transportation Element Amendments to the Grow~ Management Plan foe Co0ier County, Florida. The Collier County Growth Management Plan Transportation Element Amendment is attached hereto as Exhibit A and incorpomtad herein by reference. ~: SEVERABlUTY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding ~ nol affect the validity of the remaining portion. ~ EFFECTIVE DATE. The effectfve date of lhis Amendmettt to Ihe Trar~ Eieme~ shall be ttm date a final order is issued by ttm Deparlment of Community Affairs or Adminisb'alJo~ Commission finding the Element in compliance in accordance with Sectio~ 163.3184, EJgl:~l~..~rJa]~, whichever occurs earl'mr. No deveiopme~ ordem, development permits, ~ land uses dependent on this Element may be issued orcommem~ befoteit has become effective. Ifa final o~ie~'of nortcompliance is issued by the Admk'tistml]o~ Commlsaton, IN~ amendment may nevefl~eless be made effective by adop6o~l of a ReeokllJgxt ~ its effective status, a copy of which Resolution shall be sent to the Deparlment of Commtmi~ Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3'~ Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this ~ day of October, 1997. AT'rEST: DW1GHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA By:. BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: qI~--~RIE M. STUDENT ASSISTANT COUNTY ATI'ORNEY TIMOTHY L. HANCOCK CHAIRMAN l~TT~Element ORDINANCE NO. ~7-.__ AN ORDI~ AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT OF ORD~ NUMBER 89-05, AS AMENDED, THE COI. UER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLUER COUNTY, FLORIDA; BY AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, It~ Boanl of County ~ adol~ed lhe C.,ollier ~n~ G~ Management Plan on January 10, 1989;, and WHEREAS, Collier ~ ha~ held public hearings to provide for and encourage public WHEREA~, Collier County did ~ the lg96-g7 Growth Man~ Plan Amer~ments INTERGOVERNMENTAL COORDINATION ELEMENT Amendments to ~he Growth Management Plan and lranun#ted Ihe ~ame in wrffing to Collier County wtthln ~te time provided by law; and WH~, t~e 8o0~ ~ Cowry ~ o~ Collier ~ dk:J la~ actfofl Jo ~e NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ~ ,~F.J~[QJ~LQ~ ADOPTION OF AMENDMENTS TO THE INTERGOVERNMENTAL COORDINATION ELEMENT OF THE GROWTH MANAGEMENT PLAN. COORDINATION ELEMENT Amendmen~ to Ihe Growth Management Ptan for Collier County, ~a. The ~ County Grow~ Management Plan INTERGOVERNMENTAL COORDINATION ELEMENT Amendment il atlached hereto a~ Exhibit A and Incorporated herein by reference. · ° 12A-1 ~EG:[10~L.I:~Q: SEVERAB~. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining poddon. ~: EFFECTIVE DATE. The effective date of this Amendment to the INTERGOVERNMENTAL COORDINATION ELEMENT shall be the date a final order is issued by the Department of Community Affairs or Admlnis~aGon ~ finding the Element in compliance in accordance with Section 163.3184, E]g~I:~L~i~ whichever occurs earl~. No development orders, development permits, or land uses del3elldent oll this Element may be issued or commence before it has become effective. If a final order of noncompliance Is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which ~ ~ be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Ed~m~a~d Oal~ Blvd., 3~ Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commlssionem of Collier County this day of October, 1997. ATFEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -MARJORIE M. STUDENT ASSISTANT COUNTY AI'FORNEY TIMOTHY L. HANCOCK CHAIRMAN 1997 INTERGOVERNMENTAL COORDINATION ELEMENT 2 AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NUMBER 8g-05, AS AMENDED, THE COLLIER COUNTY GROWll-I MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COM.IER COUNTY, FLORIDA; BY AMENDING THE FUTURE LAND USE ELEMENT; ElY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Itte Board of County Commissioners adopted {he Collier County Growth Management Plan o~ January 10, 1989; and WHEREAS, CoBer County has held public hearings to provide for and encourage public particil3etio~ throughout the 1996-97 plan amendment process; and WHEREAS, Collier County did submit the 1996-97 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on April 29, 1997; and WHEREAS, Itte Department of Community Affairs did review and make written objections to FUTURE LAND USE ELEMENT Amm~ments to the Growth Management Plan and Vansmitted WHEREAS, Coller County has 120 dayl from receipt of the written objections from the Department of ~ity Affairs to adopt, adopt with changes or not adopt the proposed FUTURE LAND USE ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the FUTURE LAND USE ELEMENT Amendments to the Grow~ Management Plan on October ,1997; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Ihat: ~: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance a~ described herein, shall be known as the FUTURE LAND USE ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan FUTURE LAND USE ELEMENT Amendment is attached hereto as Exhibit A and Incorporated herein by reference. ~: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid o~ unconstitutional by any court of competent jurisdictiofl, such pottio~ shall be deemed a separate, distinct and independent provision and luch holding ~ nol affect the valklity of Ihe remaining portion. · 12A-1 ~ EFFECTIVE DATE. The effecltve date of INs Amendment to the FUTURE LAND USE ELEMENT shall be the date a final order ts issued by the De~ of Community Affairs or Administration Comm~ssi~ finding the Elament in com~ in accordance with Section 163.3184. J~. o~ this Element may be issued or commertce before it has become effective. If a final order of noncoml:E~l~ is issued by ~ Admlnistratiott Commission. this amendment may nevertheless be made effective by adoplton ofa ft,~tm ~ its effective status, a copy of which Resolution shall be ser~t to the De~ of CommupJty Affairs, Bureau of Local Planning. 2555 Shumard Oaks B~vd., 3~ Floor. Tailahassee, Flodda 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of October, 1997. A'I'I'EST: I:~VlGHT F_ B~OCK. ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By:. BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORIEM. STUDENT ASSISTANT COUNTY AI'rORNEY TIMOTHY L. HANCOCK CHAIRMAN 1997 FUTURE LAND U~E ELEMENT ORDINANCE NO. 97- AN ORDINANCE AMENDING THE IMMOKALEE AREA MASTER PLAN OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLUER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY PROVIDING FOR ~'VERABILITY; ANO BY PROVIDING AN EFFECTIVE DATE. to lhe Department of CommunltyAffalm for pmlknirmry reviewon April 29, 1997; and IMMOKALEE AREA MASTER PL4N Atnmldmenls to lhe Grow~ Management Plan and IMMOKALEE AREA MASTER PLAN AmefMments to the Growth Management Plan; and WHEREAS, Ihe Board of County Commlssionem of Co~rer County did take action In the IMMOKALEE AREA MASTER PLAN Amendrnent~ to the Growth Management Plan on October , 1997; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~r...~: ADOPTION OF AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shaJl be known as lyre IMMOKALEE AREA MASTER PLAN Amendments to the Growlh Management Plan fo~ Collier County, Florida, The Collier County Growlh Management Plan IMMOKALEE AREA MASTER PLAN Amendment is attached hereto as Exhibit A and inco~orated herein by reference. E,~: SEVER.ABILITY. If any phrase or portion of 1~ Ordkrlance is held invalid or unconstitutional by any court of competent ju~'tsdiclk~, such portion N'mtl be deemed a separate, distinct and ir. dependent 1 12A- ~ EFFECTIVE DATE. The effeclive date of this Amendment to the IMMOKALEE AREA MASTER PLAN shall be the date a final order is issued by the Department of Community Affairs or Administration Commission flndi~ the Element In ~ in accon:lance with Section 163.3184, Rorida dependent on this Element may be t~,Jed or commence before it has become effective. If a final nevertheless be made effective by adoplJon of a Resolution affirming its effective status, a copy of which Resolution shall be salt to the De~ of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3'e Floor, Tal~hassee, ~a 32399-2100. PASSED AND OULY ADOPTED by the Board of County Commissioners of Collier County ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BT. BY: APPROVED AS TO FORM AND LEGAL SUmClENCY: ~MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY TIMOTHY L. HANCOCK CHAIRMAN 1997 IMMOKALEE AREA MASTER PLAN ORDINANCE NO. 97- AN ORDINANCE AMENDING THE GOLDEN GATE AREA MASTER PLAN OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE GOLDEN GATE AREA MASTER PLAN; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989;, and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout lhe 1996-97 plan amendment process; and WHEREAS, Collier County did submit lhe 1gg6..97 Growth Management Plan Amendments to the Depadment of Community Affaim for preliminary review on April 29, 1997; and WHEREAS, the Department of Community Affairs did review and make written object~ons to GOLDEN GATE AREA MASTER PLAN Amendments to the Growth Management Plan and WHEREAS, Collier County has 120 days from receipt of ltm written objections from the Department of Community Affairs to adopt, adopt with changes or no{ adopt the proposed GOLDEN GATE AREA MASTER PLAN Amendments to the Growth Management Plan; and WHEREAS, the Board of County CommlsNoners of Collier County did lake action in the manner proscribed by law and did hold public heartngs concerning the adoption of the GOLDEN GATE AREA MASTER PLAN Amendments to the Growlh Management Plan on October , 1997; and WHEREAS, all applicable mJbetanthm and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: =.~: ADOPTION OF AMENDMENTS TO THE GOLDEN GATE AREA MASTER PLAN OF THE GROWTH MANAGEMENT PLAN. This Ordinance as ¢lemTibed herein, shall be known as the GOLDEN GATE AREA MASTER PLAN Amendments to the Growth Man~ Plan for Collier County, Florida. The Collier County Growth Management Plan GOLDEN GATE AREA MASTER PLAN Amendment is attached hereto as Exhibit A and ir~ heroin by reference. ~[J~: SEVERABILITY. If any phrase or portion of this Ordinance is held Invalid or urloons~l by any court of competent jurisdiction, such portion m~all be deemed a separate, distinct and independent ' 12A-1 ~ EFFECTTVE DATE. The effecltve date of lllis Amendment to the GOLDEN GATE AREA MASTER PLAN shall be the date a final order is issued by lhe Deparlment of Community Affairs or Administration Commission ftnding Ihe ~ in con~ in accordance with Section 163.3184, Florida Statute, whichever occurs earltlu'. No dev~ orders, development permits, or land uses dependent on lhb Element may be issue¢l or commence before it has become effective. If a final order of r~nce is bsued by the Administmt~ Commission, this amendment may neveflheles~ be made effeclfv~ by adoption of a Resolution affirming Its effective status, a copy of which Re~31ution shall be ~ent to Ibe De~ of Community Alfalrs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3~ Floor, Tallahal~ee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County Ibis day of October, 1997. ATFEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. BY: APPROVED A8 TO FORM AND LEGAL SUFFICIENCY: ,~MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY TIMOTHY L. HANCOCK CHAIRMAN ORDINANCE NO. 97- AN ORDINANCE AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COUJER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA; BY AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management P~ on Janumy 10, 1989;, and WHEREAS, ~ County has held public hearings to provide for and encourage public participation Ihroughout the 1996-97 plan amendmem process; and WHEREAS, Collier County did submit the 1996-97 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on Apdl 29. 1997; and WHEREAS, the Department of Community Affairs did review and comment on the CAPITAL IMPROVEMEN'?S ELEMENT Amendments to the Growth Management Plan and transmitted the WHEREAS. Collier County has 120 day~ fi'om receipt of the written comrnents from the CAPITAL IMPROVEMENTS ELEMENT ,Nne~ments to the Growth Management Plan; and WHEREAS. the Board of Cour~y C, ommisskxmrs of Collier County did take action In the manner presc=tbed by law and did hold public headngs concerning the adoption of the CAPITAL IMPROVEMENTS ELEMENT Amendments to lhe Growth Management Plan on October . 1997; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. Itmt: ~: ADOPTION OF AMENDMENTS TO THE CAPITAL IMPROVEMENTS ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as dem~ibed heroin, shall be known as the CAPITAL IMPROVEMENTS ELEMENT Amendments to the Growth Management Plan for Collier County. Florida. The Collier County Growth Management Plan CAPITAL IMPROVEMENTS ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. ~: SEVERABILITY. If any phrase ex' portion of this Ordinance is held invalid or unconstitutional by any court of competent judsdictidn, such portio~ shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. · 12A- Eu~ EFFECTIVE DATE. The effecllve da~e of ~ Amendment to ~ C~AL IMPRO~ME~S ELEMENT shall ~ da~ a fi~l ~ ~ ~ ~ ~ ~ of ~n~ Affaim ~ ~min~a~n ~~~~~~~~~ 163.31~. ~ ~,~r~~, ~~t~,d~~. ~ ~s d~~ ~~~m~ ~~~ ~e. ~afl~l ~r ~ ~ ~ ~ ~ ~ ~~ ~miss~, ~ a~nt ~y ~ ~ ~ ~ ~ ~ ~ ~ ~ ~n~ Affalm. Bureau ~ ~1 P~nni~, ~55 ~ O~ ~., ~ ~, Ta~. ~ 3~21~. P~ ~D D~Y ~~ ~ ~ ~ ~ ~ ~ ~ ~l~r ATTEST: DW1GHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSI~ COUI',ITY ATTORNEY 1997 CAPITAL IMPROVEMENT8 ELEMENT TIMOTHY L. HANCOCK CHAIRMAN 2 1 131317 x No IfYmm.~lml~ommdmmldlmcbm'lmdf~md~=~m~lcm~. 111- lrOl ~ OlqqC~ U~ 01~¥: / 12A-1 12A-1 12A-1 September 12, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Plorida 34102 Re: Notice of Intent to consider Ordinance establishing the 1997 Annual Capital Improvement Ble~ent Update Dear Judi: Please advertise the above referenced notice one time on Friday, October 17, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 111-138317-649030/Plannin~ Services September 12, 1997 Mr. Stan hitsin~er, Project Planner Collier County Govermaent Coemmity Develop0~nt Division 2800 S. Horlelhoe Drive Naples, FL 34104 Notice to Intent to consider an Ordinance establishing the 1997 Collier Cou~Cy Growth Management Plan Capital ~ro~e~e~t 7U~t~l tl~X~te Dear Petitioner: Please be advised that the abca, e referenced petition will be considered by the Board of County Commis.ioner. on Tuesday, October 28, 1997, as indicated on the enclosed ~tice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, October 17, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. 12A-1 The pm'po~ of the heldng is tO COcllic~'~ of the following ordinlnce tstabtislNing the 1997 ~ Coumy Growlh MmtagemmV Plan ~ Imorovemenl EIemem Anflail Update aM Amending: 8~ OBJECTIVES AND POUCI~, ~ THE; DATES OF C4~ OF FAClU'FIE8 ENUMEP, ATED IN THE COLLIER ~ QROWTH IdAJ~ PLAN. CAPITAL IMPROVEMENT EJ.EIAENT FOR C..AI~TAL PROJECTS IN FISCAL YEARS 199e,'97 THECXJQ~ 2(X)Gt2Q~; PROVIDINO FOR SEVERABle: N~ID The IXqpose °f the hellYig Is lO COMidef lh4 AdolXlon of the 19e7 Colli~ County Orowlh Manegenxmt Plan ClplM Iml)cOVMItefll Plan AnMjM IJIx/Me and A/Tlemlment in K, cofda~ with Chaplet 1U, Pad II, 4 Al ~ pattie1 411'l kwied I0 eppelr Mid bi heI/d. Copies of the pcopoMd ondinanca Ire on file w~the Clerk lo the Badi'd avl Me wdable for Impe(:llon IxMeen me h(xn of 8:00 A.M. and P.M., ~ IlVougll Srtdty. Any 41UMIIO~ peftMrdng to tt~ ~ should be dh'ected to me If m pe'Jon de(:idel ~ ~ may ~ ~ by I~i ~ of County Commls&ionerl w~ respe(~ to InyWcnnlMemdMlughmMW~MheMM~ltevWlJeledmmcordofthatproceeding, mncl for suc~ punN)me Im tomy m~mmd k) m M i W m(:mmd M I~e IN~CMdk~g~ i~ mmm. wf~ich reco~ BY: Is/ 8ue Bl(bm~Wi, ~ Cl~k 12A-1 ~ iXJq)M4 M the heedno Il tO COndded'e~lCtlI1Mlt of the fMIowino on~N~nce ei~l~i'~sh~ tho 1007 C~ ~ 81dkm i 2100 NMlll H(Imldml Ddve. 'rll~o'n,dY I. HANCOC~ CHAIRMAN 12A- OP. DZ~ 80. 97- AN ORDXN;~C~ ~BLX~ THE 1997 COLLIER CO~g~f GHO%Fn~ MANAG~r PLAN CAPITAL IMPrOVEmenT ~ ~ UPDATE AND ~ BY COOPeraTINg, UPDATINg, AND MO~XFXXN~ C~HTAXN COSTS, REVENUE ~IF~O~rIN~ ~ AND POLICIES, AND T~ DAT~ OF CO~~XON OF FACILITIES E~ERATED IN THE COLLIER COUNTY GROWTH ~ FOR CAPIT~L PROJECTS IN FISCAL Y~AH~ 1996/97 ~ 2000/2001; PROVIDING FOR SEVEHA~ILITX; AND PROVIDING AN / WHEREA~, ChaFer 163, Par~ II, Florida Statutes also known as the Local Government Co~reb~ive Planning and Land Development Regulation Act of 1985 ~ Chapter 9J-5, Florida Administrative Codg, also known as the Minimum Criteria for Revie~ of Local Government Comprehensive Plans and Determination of Com~liance require that Collier County correct, u~ate, and m~:~ify costs, revenue sources, or the dates of coD.~truction of facilities enumerated in the Collier County Growth Manage~ment Plan Capital Improvement Element on an annual basis; and WHEREA~, Collier County has prepared an Annual Update and Amendment to the Capital Improvement Element of its Growth Management Plan (Ordinance No. 89-05), as amended from time to time, that takes into consideration the plans and financial resources of the County and of the A~en~ies of the State of Florida; and WH~EA~, Cha~er 163, Par~ II, Florida Statues, Section 163. 3177 (3} (b) a~d 163.3167 (2) provide for annual updates and amendments of local government Capital Improvement Elements that consider corrections, updates, and modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the plan; or the dates of construction of any facilities enumerated in the Capital Improvement Element; and WH~A~, the Collier County Planning Co~mission in a manner prescribed by law did hold a ~mAblic hearing concerning the correcting, updating, and m~difying of certain costs, revenue sources, and the dates of construction of facilities enumerated in the Collier County Growth Management Plan Capital Improvement Element for capital projects in Fiscal Years 1996/97 through 2000/2001 o~ September 18, 1997 and -1- 12A-1 reco~ner~led that Lt be md~Ltt~ to the Board of County Convntssioners, aa prepared, noting certain considaratione and recommendations; and WIlliWAW, the Board of Cotmty CoOl~Lteeiollere did take action in the manner prescribed by law and did hold a public hearing on October 28, 1997; arid WH~RF2~, all applicable substantive and procedural requirements of law have been met. NO~, TFEREFORR BE IT BY THE BOARD OF COUNTY COMMISSIONERS of Collier County, Florida that: Update of Co. ts, Revemie Sources and Ccnstruction Dates ~of Facilities ~u~erated in the Capital Improvement Element of Growth Management Plan. This Ordinance, as described herein, shall be known and cited as the 1997 Growth Management Plan Capital Improvement Element Ar~nual Update and Amendment for Collier County, Florida. The Collier County 1997 Capital Improvement Ble~e~t A/lz~ual Update and Amendment, attached hereto and incorporated by reference herein as Exhibit A, consisting of objectives an~ policies; requirements for capital improvements implementation; ~ costs ~ reven~ee, is hereby adopted and shall be the Collier County Growth MaxMIg~nt Plan Capital Improvement Element Annual L~x~ate an~ Amendment of 1997 and shall supersede any and all previous Ca~)ital Improvement Ble~ents applicable to the unincorporated area of Collier County. ~ Severability. If an~ phrase or portion of thia Ordinance is held invalid or unconstitutional bT an~ Cour~ of competent jurisdiction, such portion s~ii be da~ a separate, dtetinct, and independent provision and such hoidi~ shall not affect the validity of =he remaining portion. SF~TION ~; Bffective Date. This Ordinance sh&li becom~ eZfec=ive upon receipt of notice from the Secretaz./ of State that this Ordinance h&e been filed with the Secretar~ of State and s~all r~uain e~fective until the Department o~ -2- 12A-1 DATED ATTEST: DWIGHT E. BROCK, CLERK ASSISTANT COUNTY ATTORNEY BY: -3- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN .? C~D~MI~ NO. 97-~ SUPPORTI~ OgJ~CTIVE~ AND POLICIES, AND TH~ DAT~ OF CC$~THUCTION OF FACILITIES ENUME~%T~D IN TH~ COLLIER COUNTY G~OW~6 ELEMENT FO~ CAPITAL PP. OJECTS IN FISCAL YEARS 1996/97 THROUGH 2000/2001~ PP. OVIDING FOR SEVERABILITY; AND PI~OVIDING AN WHERFt~, Chapter 163, Par~ II, Florida Statutes also known as the Local Goverr~ent Coe~rrehensive Plazming and Land Development Regulation Act of 19S5 axed Chapter 9J-$, Florida ARm~ltrative Code, also known as the Minimum Criteria for Heview of Local Govenmuent Comprehensive Plan~ and Determination of Co~liance require that Collier County correct, update, ar~ e~xiify costs, revenue sources, or the dates of construction of facilities enumerated in the Collier County Growth Management Plan Capit&l Ieq>rove~ent Hle~ent on an annual baeis~ and WHEREAS, Collier County has prepared an Annual Update and Amendment to the Capital Improvement ~le~ent of its Growth Management Plan (Ordinance No. 89-05), ag amended from time to time, that takes into consideration the plar~ and fir~ncia! resources of the County and of the Agencies of the 8tats of Florida; and WH~R~A~, Chapter 163, P~'~ II, Florida Statues, Section 163. 3177 (3) (b) azld 163.31S7 {2) provide for a~ual updates and a~enclment s of local government Capital Improvement Elements that consider corrections, updates, and modifications concerning costs; revenue eources~ acceptance of facilities pursuant to dedications which are consistent with the plan; or the dates of construction of any facilities enumerated in the Capital Improvement Element; and WHerEAS, the Collier County Planning Co~ission in a manner prescribed by law did hold a public heari~ concerning the correcting, updating, and mc~lif¥ing of certain costs, revenue sources, and the dates of construction of facilities enumerated in the Collier County Growth Management Plan Capital Improvement Element for capital projects in Fiscal Years 1996/97 through 2000/2001 on September 18, 1997 and -1- recommended =hat it be ~d~/~ted to the Board of County Co.raissionars,. ~, t~ ~d of ~t~ C~ss~rs d~d take action ~n ~ 1997; a~ ~, all a~ltc~1e ~=~=1ve ~ pr~edural · e~ire~n~s of law ~ve ~en ~=. ~, ~~ BE IT BY ~ ~ OF CO~ C~ISSIO~ of Collier C~=y, Flori~ ~e of Co~s, ~e ~ce~ ~ Co~c~ion Da~es~'/of Facilities ~t~ra~ ~ ~ Capital I~r~n= Ele~n= of G~h ~~ PI~. ~ie ~di~e, as ~scr~ here~n, s~11 ~ ~ and cited as =he 1997 Or~h ~g~n~ PI~ Capital I~r~e~n: Ele~n~ ~1 ~=e a~ ~n= for ~lller C~=y, Flori~. ~e Collier Co~y 1997 Capital I~r~n= Bl~n= ~1 U~te and ~n~nt, a==ached hereto ~ inco~ra~ed ~ reference herein as ~b~t A, consisting of objectives and ~l~cte~i referents for capi=al i~r~e~nts t~l~n~a=~i ~ costs ~ r~es, is here~ adopted and shall ~ ~ Collier C~y ~r~h ~g~= Plan Capi~al I~rove~nt gle~n: ~1 ~=e and ~~= of 199~ a~ s~11 ~rsede any a~ all pr~t~ Capt~al I~~= Blunts a~ltc~le =o =he ~nco~ra=ed area of Collier C~=y. If ~ p~ase or ~i~ of =~s ~~ce is held i~al~d or ~cons=~u=io~l ~ ~ ~ of c~=en= Jurisd~c=ion, such ~ion s~ll ~ de~ a separate, dish,ncc, a~ i~epe~en= provision and such holdi~ s~11 no= affect =~ validity of ~he re~ining ~r=ion. SE~I~ ~; Effective Date. ~fe Ordi~nce s~ll ~c~ effective u~n receipt of notice fr~ the Secreta~ of State t~t =his Ordinance has been filed with the Secreta~ of State a~ s~11 re. in effective ~tfl the Depart~nt of C~ity Affairs detainee t~t the 1996-1997 Co~rehensive Plan ~~nt is in c~l~ance. -2- D&T~:D: ATTE/~T: ~IG'HT E. BROCK, CLERK BOARD OF COUNTY C0~9~ISSI~ COLLIER COUNTY, FLORIDA ASSISTANT COUNTY A~ -3- TIMOTHY L. HANCOCK, CHAIRMAN ,/ ,fi 00'1~S October 27, 1997 12A1( 330! Tamiami Trail, East N'Rfles, FL 34112 Subject: Ado~oFthe 1997 Future Land Use Element amendnsmt to Section V. A. ofthe Future land Use Element. We concur with the language in the ~ and note dm th~ were no commmu from the I~ of Community Affairs in WILSON, ~ BARTON & Pl~K, Barbara H. Cawley, AICP Jeff'Birr John Price James Williams Barbara Cacchione Internet Address: www.tkvnaples.¢om Tn mE Kosz, & VoLez, ATTONNI;YI AT i. AW Th~ Nmlhe~ Tr.t~ Buildin~ 4001 Tmni.mi Trail North Suite RECEIVED OCT Naples. Florida 34103 K,m P~nck K~/n: ~mnlc'7 J L~d~h Te~Fax (~ (941)1) M9~23~9~ 0f COunt] C~i~s tOners R~rdA~m'Mtt Tmt~rRe"' corem r?c'd copy October 27, 1997 Hon. T'u~othy Hancock, Chairman Board of Com~ Conun~~ P.O. Box 413044 Naples, FL 34101-3044 HAND DELIVERED RE: Golden Gore Area Future Land Use Map- Neighborhood Centers Subdistrict Dear Commissioner Hancock: I am the attorney tot Mr. and Mis. Hy Bershnd nnd All American Homes of Southwest Florida. Mr. and Mrs. Bershad are the own~s of a five (5) acre tract of land located at thc Northeast ~ oft~ i . .ntiS..?n of White Boulevnrd and Coun~ Road 951 and Ail American Homes of Southwest Florida I~ the owaer oft five (5) acre tract of laxld at the Southeast comer at the same imemection. These ltac~ of land canently ate designated "~" on the Golden Gate An:a Fumm Land Use Map. theNon~a~ comet and Southwest comet of the same intersection are designntcd ~s "Neigh~ Cente~ Subdistr~" on the Future Land Use M.a~. Several months ago our clients requested wc explot~ with your tithe possibility of including their tracts of land within the Nei~ Centers Subdistrict on the Future Land Use Map, My clients were not seeking m inmm~ in ~e numbn' of act'es within the exi~.~ neighborhood center Sulxlistrict but, rather. simply ? seeking an equal oppmlmity to Petiuon the Board of County Commissioners to rezot~ their prolx~ to allow for the ~ of ~ comnm'eial uses that are permiued within the Neighborhood Centers Subdimi~ or condibonal uses allowed in the Estate Zoning Sou~In addition to training my legal .se~?s, the Berslmds and American ttomes of Florida retained Cseol~ Bom~ Planning and Landscape Atchitoclun: to advise them from a land use plan ~ve regarding the use of their lXOpeny for transition conuxm'cial Mr. BOther and myself met with .~ves of your staff and, based upon these discusdons, we appemed before the C~..lliet ~ Planning Commission on September 18, 1997, to request that our clients' properties be desi~nat~ to be within the Neighbodxxxl Center Subdislrict on the Oolden CIMe Area Future Land Use · Map. On the basis of om'presentation, thc mat clients' property within the Neighbodxxxl Center Subdistrict node located at ~ of Comuy Commissiom~s Ocml~ 27, 1~7 Pa~ 2 tl~ intengtion .of. CR-gM ~ Pi~ ~ Roal/Whi~ Boule. At the same time the P . .h?~. _ . Comml.~loo voted to includ~ om' elicit' ~e~ within the Neighborhood Centers Subdimi~ lhey ~ ~ ~ more tlum fifty C50%) percent of any one of ~ ~ ~ this ttltetloctJotl woIlld be dg'q~l~ m commetg-ial alld that no single project could utilize mom th~ fifty (.$0%) of tl~ ~ ~llow~ commercial acreage. Under all the and, . uj~on ~ ?un'ent _study tm'. ~ la'cage ~ of 951 which established there ..was. an existin~ ~ of. al~Wozin~tely fifteen (1:5) to eighteen (18) acres, the inclusion of th,s..~.~N~borbood Centers Subdisttict would be compatible with both Following the action of the Collier County Planning Commission. we have had the ~op~~c f 'tl~e~ to ~ discuss this ~ with the members of your staff and also to discuss it with resments of the Oolden Gate Estates area. On the basis of these discussions, our clients Imve eoncludgd thei.r requ~ to m;l~i~ their property to be included within the .Neighborlmod Centers Subdi,mi'~ is pmmm~ ~nd ~klition~ time is needed to determine what imimct, if any, tl~ lmssibl~ limil~ ~ ~d/or condifion,fl uses on this property would trMF~e in I1~ ~ ~our clients remain convinced that limited commercial and/or eonditiorml ~ on the and ~ quadrant of this CR-95 ! and Pine Ridge .~.'. ~ :~ ~ .aplxo~ste. from both a planning and actual needs included .wi~_m the Nei~ Centers $~ Betwe~.. now and the next amendment ey¢~ to.ll~. Go ..k~. O~ ~ PI~ our elicits will be meeting with representatives of your sm~ ~rm mso with Ibc ~ of' tl~ Ookl~ (3~ ~ m'~ to ensure that any concerns which they may have tegardin~ the inclusion of these tracts within the Neighborhood Centers Subdistrict are properly addressed. A copy of this letter ~ .the. ~ ofour clients decision to withdraw their Request of the inclusmn of..flz, ir. emope~.' ~ the Neighborhood Center Subclistrict at this time is being Very truly yours. MJV:mjw Robert F. Fernandez. Bad)ara Cacchione Matjorie Student Naples Daily News Hy Benhnd Stuart lC. ye C, eo~e Bom~ ~ 21, 19~7 ~1 Tamiaui Trail East Nq4es, Florida 34112 tbea4jaca~~islest If' ~.,PUDis dm~ as indic8~ wc Overan,~ ~~hha~~~~ We would mt~ seo ~o ~ lmkinS co '4C IMplel, I~lorid~ J4IlO ~41/4~-4J40 lntcrnet Address: www. tkvnspleq.¢om Tm~ KoBz~ & VOL~., A?TONNIYI AT The Nonkm Trim Buildmtt 400l Tlmlami Trail Nonh Suite 330 Naple~ Florida 34103 M. Tekphone (94 I) 649.49OO Fa~ (941) 649-O~23 A Kim~'rly comm. [~'d copy S(~ J I.~rf~b RECEIVED ,.... R~ M T~r OCT 2 ? ~ "~" ~-' ~0ard of ~t~ C~tsst0ner~ d C~ Octob~ 27, 1997 Hon. Timothy ~ Commissi~ Board of County Commi~sionen ~li~ ~ C~ P.O. Box 413044 Naples, FL 34101-~O44 HAND DELIVERED ' I~.~d Ce~sf~ed RE: Golden i ~ Future Land Use Map - Neighborhood Centers Subdistrict Dea~ Comm~ Constamim: I am the _~___tmley fro' Mr. and Mrs. Hy Berdmd and All American Homes of Southwest Florida. Mr. and Mrs. BetshM me the owners of a five (5) acre tract of land located at the No.east comet of the ~ Of White Bouk, vnnt and County Road 951 and All American Homes of ~ Florida is the omm' Of a five (5) acre tract of land at the Southeast corner at ~ same intersection. These tta~ts of bad eatrealJy nm designated "Estales" on the Golden Gate Ama Future Land Use Map. Although my diems' ~curn~l~y is designated "i" similar tracts of land on the Northwest comer and of the same imenection are designated as use . mo. , ago u.mqumte~ we expmm wnn your mfflbe IX~Sibili~ of including ~ tracts of land within .fle~ghbodmod Cenm~ Subdbtr~ .on the Future Land Use Map. My cl~,nts were not seeking ~imply ~ seeking m equal opportunity to .P.et~.n the Board of County Commissioners to mmm me r~eighborhood C. eme~ Suixlim~ ee condi~ uses allowed in the Estate Zoning District such as childcare centers and schools. in addition toretaining my legal services, the Bershads and American Homes of from a land use plan perspective regnn~ the use of their property for t~msition commercial Octob~ 27. 1997 Pa~ 2 they ~ mid IgllNal Ihat rio ~ than fifty (~) ~ of~ ~ of ~ ~ ~ f~ ~ ~ ~ of 951 ~h ~blis~ ~e ~~ ~ (1~ ~ ~~ 08) ~ ~ i~l~ion of ~.~ ~ ~ ~ ~ S~~ ~ ~ ~ible ~ ~ ~ K) ngnin dincms this nilisr wilh 4m manba~ ofyour staff~ also to discuss it with some of the reside~ of tb~ Oo&dal OIM ~ at~ On the basis of dx~ discussions, our impact, if any, .t~ polm'bb IhniMd ~ and/or comlifioml uses on this property would ha~ on ~ m the area. ~ our ~ remain oonvita:ed that limited commercial and/ac ~ us~ cai th8 Noraglst ind Soutlgasl quadrant of this CR-951 and Pine Ridge cyClo tO th~ Ookl~ ~ MIIiItlt Plllk o~lr {:~llllll ~ I~ ~ with i~weaz~atltiv~ of your A ~ ofthis, letter advising the Board of our cliet~ decision to withdraw their Request of the inclusion of their lwope~ ~ the Neighbodxxxl Center Subdistrict at this time is being forwarded to both th~ County ~ ami to I~rb~ra C.a~hione of your current Planning Staff. ' L~ ~ KOBZA dC VOLPK, Chtd. Robert F. Femmdez. Naples D~dly News Hy Bershad Stuart Kaye Mr. mai Mr& P~rkk K. M~r 2~ Wdm' B~m~d & Nqdes, ~ .14117 RECEIVED · OCT ? ? Cdbr~~~ ? .... "'"""" ~,.~sstoners ~- ~1 ~ T~ T~ Ntqdel~ l~wJd8 34112 Ou Teoday, Om~m. 2S, I~Y/, ye. are pl.~ U be roma oe the "rumb~" ortk two ~ par--~ ef Ired m flue Emi .Me d'~e ~ M'CNaey Read ~l and White Boebvsr~ TMe bed k ~errm~ zee~ ~" ~ b eerr~m Mem. r Plsm. M~ wJfe mld l cmTUUl~ ewu twe komM leeMtd m 21O M 2M WM ibaJ~ard S. msd tl odddmd pered ef bld beMd M Ibe eorMr or Tfb Avm~e SW. mM Weber Bonk~vard We ImrdiMd IbeN kemm M Ilid il tbk Irui beetiN it Ifbrdl u m pbcehl eoHh? stye oflvlq nd we mdeu#d Ikit lo mmmerdd MMej)mmt M bke plm:e F,~ of on dlb knst. TMI IuW dldllJl MM ~ ~# wjJ] effed III of fll~ resMeub who Psbttk K. MJik. r OCT 2 2 19~7 URBAN INSTITUTE, INC.,. ~,narrJ of Cmmty Comlssloners 3301 E,lt Tfmtmd Trd ]qfplln, ~ ~112 e~. comm. fcc'ri 12Al ~mmmmW wWdt b dmmm~mmJJfJo ~rtmmF ~ m k the ~. Such m mi~x~l mmsmm ~m.. (1) ldtslmiqtbo I 180' ef3'm~ 107 md fm S IS0' ofTrmt 113 in fmlr mmrd ~ ..?mdfm, m mmm M h fdm Jmmmmr, qMg ~ m 8mmmm buffer mmpmrnmim ~ If~ For~ I~o~y Own~ Not to Scale Requested Future Land Use ?~acts/Pa~ts of T~acts 107, 109, 111/ 112/ 113 VIII II 1/2 ~r 109 2.72 Ac LD~ S 1/2 T~ 109 2,27 Roy Tg 110 3.06 ~c P/ne R/dge Road LO3 $ 1/2 Tr 111 2.27 Ac I,D~ MI of ?r 112 5.0 Ac 1/2 1Y 113 2.72 Ac ~,,Canal ~CR 951 Acea requested for Commercial Uae Outlined Area to be designated as Buffer/Water Space Indicated tn~ Shading. Figure 1. Omfss fO~ers ea. comm. rec'd coFY nNerme l'Id~. Caiid~ uir vice WHEN IS ENOUGH, ENOUGH? A LOOK AT Ti~ D~ION OF GROWTH MANAGE~ IN COLLieR COUNTY By: Commissioner Timothy L. Hancock, AICP ~.~~.: A feint survey performed by The Chnmber of Sou'd~est Florida queried 400 registered ~ in Collia' County. Oftho~ ~ 66% felt that "growth" should be stopped elto~eth~. ~ should come ~ no surprise to my ekcted off~i~l ~ regularly communicates with his or her con~tua~. It does, however, come as a surprise to many r~idents when the legal limitatiom to "s~i~ growth" sre exldain~ to tban. includin~ constitutional property Ri~hu Act." Dowebevetbe fle~dbiUtyto~owthhmf oa the desire ora communit~ not to edver~ely ~ the qmlity md ~of~ own environS. ^ 1976 Supmne Court ruling ellowed Pc'~lun~ CA to limit its tmildi~ perm~ oo ~n ~ basis to 500 or lcss on the basis of~h de~roy~ the City. Twenty ~ l~'r. we my or mey not hev~ the same options awileble to u~. but ! believe it i~ our duty and re~o~m'bility to coileboretively d~ermine todays limits. ESTABLISHING A METHODOLOGY si~aft~m ,k, mes~ fires ~ I~ ~ s~l ~ wi-,h fl~ oommuni~ ~ds of qusli~ ~ ~ Collier ~ ~ U~llr~ w~r md sewer ~ fl~ aestl~ics and op~'ag~ofd~ ~ rosd sys#~'~!l~ Io our r~s~ qusli~ of life. To ~ ld~li~ tl~ fu~r~ ~ ~ ss lids communi-ty's mosl restrictive in~ ~ l~si~ · ~ p/mm 1t~ ~ill m~a d~ ~i~,/'s ~iom of character while pmvidi~ optimum esprit. Sos~ ofeas ~ a~s ~ ~ ~ FoCuS. ~ Demmh~ I~ ~ ~ ofd~ ~ and tt~ ~ it will ser~e. ~ Afire' factod~ tl~ diffm~ ~ II~ curt~ "build out sce~mrio' and the newly principles in developtn~ scenni~ b ~ l'm confldem flint Shy addition~ proposed limitatiom will face tin. eats of legal ~ AIl:bou~ it is iacumbe~ upon the Board to follow a Imsdent cout~ with all due e~ikl~on to pmpaf~ rights, w~can no longer try to q~toptia~ty ~ ~ ~ ~ oee m,m tied bebled o~. becks. We must consider all jmt liv~ wittg but t~ proud of. On Oclob~ 2J, 1997, I will I~ atki~ I~ Boml of~ ~ lo direct County staff to phrase the 4-sl~ n~ Ilsl~ above, ind 1o alll~lnt a mnnbet of the Board of County Commi~stonm ~o ~ on a la=lmkM woddnl eommill~t. To adopt the staff lo pulgh~ a Imml..aid o~ m aglmy ~ Pulm~ dlrr~dolammt prmmma am and will ~ ~at. 2 I .¢ -I i lll .1 l I I I I I I I I ,I I I I I ! I I . I I I ,I I I f~ RECEtVED FLORIDA' '¢i URBAN INSTITUTE, INC. · 0C122 ~ 12Al ' 3301 East Tamiamt ~a. comm. rec'd copy wbk:h is nm 'b' fPectfic md molto tt dlf]k:dt to detmnkm how ~ (~ Tra~ 109 f, db ~ Tra~ 111, Tract 112, md dte N It0' of Tract 11:3 (AJold,..gf~ alton) Ix: d~ aa cotmneu:hl us~, and, dmt Ihe E 180' ofTract 10T andthe S Ii0' od'Tract 113 h. ~ d,Minpum ~'rnm iii, ~:t md m N ~o, or'Tact ~. (i) (4) Rotahk~IImE IlO'dTra~lOTandthe$ lJO'ofTra(:t llJinthoirnanwMM~z4atiM: anaNann, m sm foflh ia dsk Imw, wil iwm, id~ a gamma Imff=' ~ ~ th,: For ~ Ptopmy Own~ Requested Future Land Use fo= Tracts/Pa=ts of Tracts 107, 109, 111/ 112/ 113 /,IX/ ~* 1/2 T= 107-Bu Water Kqt/Open Space 2.41 Ac NoI:h Not to Scale 1/2 TI: 109 2.72 'Ac 1/2 Tz 109 2.27 Ac Roy Tr 110 3.86 Ac Pine Ridge Road LDO S 1/2 T~ 111 2.27 Ac /,DJ All of Tr 112 5.0 Ac [,DJ # 1/2 Tg 113 2.72 Ac I~J~ ~pece 2.2? AC ~Canal ~CR 951 Area requested for Commercial Use Outlined Area to ~ designated as Buffer/Water Hgt/Open Space Indicated ih%~n Shad/hq. Figure 1. o l- ~<~J , I~ ,'/:~I ,~ ,, ~~ x~~ ~ .... : " USE ~ INTERCHANGE i~ CTIVITY CENTER ~ ~ ~ ~ ,, ..' ,, INDEX MAP ! MIXE[ RATTLESNAKE HAMMOCK RD./ C.R. 951 ACTIVITY CENTER ,..., ' SERVICE AREA· 13 SECTIONS PLUS RURAL AREA · AVERAGE DRIVING DISTANCE TO OTHER ACTIVITY CENTERS: 5 - 6~'2 MILES ~NVIIK)NMiN'g~ POLICY'i~OINICAL ADVISORY BOARD ~S~ 109111Aveam~ Nortlk Naplea. FL ~4108 3301 E. Tamiami Tr. ,rAn Review ot' Coma (OaO Report I¥om the Del~rtmem of Comm--lty Affairs PUBUC FACILITIES ELEMENT Policies 12.2 and 1.5. !: Digu~ion: As this policy is written, urban sprawl would bc commilme~tf' is no~ ~lg~ll~ iIIId o1~I~ d~ d~or to allowin$ tl~ expansion of the wata' system outside the Ortl~ Area. Allo, fl~e is concern over allowing discretionary BCC aPlXO~ ofc~r~l ~ ~. Such ~:el~iOm can ~ to urbanimi~ comm~ am. Abo dele~ any discretiom~ pennasion language for central Sew~ Sub~mt Policy 1.5. I: Discussion: Again, as this policy is written (as in 1.5. ! above), urban sprawl Desigr~_ ~ ~ Area ami in ar~s where the County I~s legal commi~ to expansion of the sex, er sys~m outsid~ the Urban Area. Likewise, added discr~i~ EPTAB I~=~._-~_~_~=-.~--'_-=-~: Revise policy langua~ removing re£erence to ~ cmnm~' ot ~ a bett~ understanding of what those commimm~ are. Addilionally. remove discret~ central se~ permission the aeve~ order ~ process. As propmed, EPTAB c, ons~ this policy as adequate to discomaging urlxm sprawl. It was discttssed, ~er. that language should be added that would prohibit the use of package sewage treatment plants outside thc Urtxm Are~ EPTAB Reeommemtntl~: Add language that prohibits the expanded use of CONSERVATION COASTAL MANAGEMENT ELE~ Objective 1.3 (and pursuant policy 1.3.3): Di~x~ion: This objective provides that the Courtly will continue to develop and implement guidelines for the Natural Resource Protection Areas (NRPA) Program. Cm'rently, only one (I) area has been established as a NRPA: Clam Bay. BecauseofCollierCounty's unique and fragile natural em4mmnent, a number of NRPA~ should be established to prevent, through proper maintenance and monitorin~ what has occtured in Clam Bay. To that end. a date should be provided as a ~ to develop plato for, and fiJlly implement the NRPA program. EPTAB Retom~: Revise the Objective 1.3 nnd Policy 1.3.3 to chan~ the ds~ for completion otNRPA implementntion to August 1,2002. Objective6.1: Discussion: This objecthre nnd the related Policy6.1.8 provides guidance for the impl~ ofhabitat pmlecfion standards for development rc-view. DCA recommer~ that Policy 6. 1.8 be r~dsed so that incemives t/~/l be created in order to provide for the retention of sensitive habitat. EPTAB understands that development of the incentives has not been an easy task, evidenced by lack ofresponse to a survey' of the developmem community. EPTAB, though, believes that County stafFshould continue to pursue incentives through contact with developmertt in,'rests. EPTAB also believes that a realistic dale should be provided in Objective 6. i to identify, define and pmlna'e deve~ standards and criteria for all important native County habitats. EFTAB Reemmnlmiatloa: Revise Objective 6. I as folios~: "By June I. 1999, klenfi~,, def'me and prepare developmem standards and criteria for all important native County habitats. Until adoption ...... EPTAB strongly reoxnnmxb tl~ above revisions in order to continue to protect Collier County's unique natural resources. Thank you for your consideration of EPTAB's input, ifyou have any questions regarding this leuer, please feel free to contact me. Sinc~iy, Chairmal, EPTAB , // V. OVERLAYS AND SPEC/AL FEATURES k, Aria d ~1 Stall ~ O~rlav The Big Cypress Area of Cdtical ~tate Concem (A~I m mH~ ~ ~ 1974 F~a L~. ~ ~ ~ b ~ ~ ~ F~m ~ U~ ~p ~ ~ ~y area. ~e ~1 Ama ~ la~s ~ ~s~. A~~~I. E~es a~ U~an (P~ d ~ I~ ~ ~. ~~ K h~ lSaN am e~ ~ ~e Big C~s Ama ~ ~ S~ ~. Aa ~~ ~ ~ ~e C~I Area s~il ~ ~ ~ ~ ~ ~ Ad~~ ~, '~~ and R~ulafions for the ~g C~l Ama ~ C~! S~ ~m' ~ ~ '~ -~ d.,~ ~ ....... ~c ~. ~ ~e ~s ~ ~ f~: -$.l. Sitl alteration limb be limited to 10% of the total site size, and installation of non-~able lurfaces shill riot exceed 50% of any such area. However, a minimum of 2,500 I~luare feet may be altered on any miffed site. ~)2.b.Any non-permeable suffice greater than 20,000 square feet shall provide for release of ludace run off, collected or uncollected, in a manner approximating the natural surface w~er flow mglme of the area. (4~.SoilI expoled during lite IlteretJofl shill be stabilized and retention ponds or pe~fomlance equivalent ~ or Iyltems maintIined in order to retain mn off and siltation on the ¢on~ IRe. Restoration of vegetation to lite alteration areas shall be lubltintlal~ completed ~ 180 dayI folowing completion of a development. Re-vegatatJofl Ihall be Icx:omplished with pre-existing special or other suitable species except that undesirable exotic ipecies shell not be replanted or propagated. Exotic species are listed below. Australian Pine. (Casuadna spp.) Bishopwood - (Bischofie javanica) Brazilian Pepper- (Shtnus terebinthfolius) Melaleuc~ (cajeput). (Melaleuca leucadendm spp.) Downy Rosemyrtle - (Rhodomytus tomemosa) Earleaf Ac, ada - (Acacia audculifonnis) diva mum - (Syzyglum (4X)4~. No mangrove trees or lilt marsh grasses shall be destroyed or othen~ise altered. Plants Ipeciflcally IN'otected by ~ Illgulation include: All wetland plants listed by the Flodd/C)epmtment of ~ Regulation in Chapter 17-301, Flodda Administrative Code, el emended. ~ FiE areal end related dredge or bolTow ponds shall be aligned substantially in the directJOll of k)aiI surface ~ flows ~ shall be separatid from other fill areas and 51 12AI ~ P~rk ~ The ~_~_~ P~k ~ IS intended to ~rovide for a mix of industrial uses and r1on-k~.~ ~,~et~. ~ in m ~ c)srk4ike efl~'oflment w~ Iow struct~rsI ~ where ~ ~ ranofl between 25% to 45% and where lilr~,.~ ,re__~_ ~ for buffefll~ and efltovment by the emoloYee$ and i;)atrons ~f Ihe ~ ~~ PI!II~ Illall be litowed al a subdiStti~ .in the Urban-Mixed Use ~ Urban C.,ollXtlef~_.~. District ariel Ur~l It1<luslf~l ~ alXl may include the ~ u$4~ ~_.~'~KI ~ ~ Ol~tlct fie ~ uses set fof11'~ below, and shall a Eb--:.~'te~ ~ ~ bi ~ tO ~ Uo to 30% of the total acreage f~ non- ~ ~ Of ~ type Identified irt 'C' below, and will reserve land within the ~ ~ ~ fgt' industxtal uses, The percentage and mix of each ~ of c_~e_ ~ bi clatemlkled at ttte time Of zonim3 in accordance with the c3'iteda b A ..... ~ Itttflll ~ ~ Illail bi in ac__cz:~__rlce with the C,,ollier ~ounty Access ~ ~ and ~_.*~t with ~ 7 and Policy 7,1 of the Traffic 9 Nomir~._J_~flll ,__me~__ may .k!~_._~ ~ ~ al certain offices, financial institutions, retail sefYic~_. ,l'h*~~. _~_.~h_.-ll ~.fecJ!~Je~.___. ~ facilities, hotels/rrK)tels at a density of 26 unitl ~ a<;r~, ancl ~ facilities. Retail Uses ~all be limited to those uses ~ l, Fve ttm em,~a~,veal of I~_~_~_ witt~ the Park or are related to the products, g<XXt$ and f~ytcal ttmt are mam~acaJreCl, distxtbuted, produced or provided by d Wh~ lh~ ~ Pl'k is located wiltttn the Urban Industrial District or includes permitted in that oorliofl of Ille B,_~_( Park ~ or ~ Industrial. m'ovtded that ~ total In~,~ ~ereae~ II fto~ ~ree~ef' thart the amount mlvtou~lv zoned or de~k]n~ad indual~tal. Whefl ! Bul~lal$ Pad< is located in ~ Urban Commercia! [;;)itlr1<:t of' Urban-Mixed Use District. the industrial uses shall be limited to li<3ht industry ~uch al Ik3~ mlfluf~, otocalllno, and DaCtul~ir~ in ruin enclosed buildin<3s; re_-e_arch. ~ and ixoduct dev~o~te~'lt orinti~<3, litho~raohv and publishin<3: and $imitllr lioht indull:rlll use$ ~ am coml:~tible with non-industrial uses permitted in the diltrtct-, lind. ~ Planned Unit Oe~ltol~'lleflt Ordinance or Rezoning Ordinance for a B~llkltll Perk Dtolect 111111 ~ Ioeciflcl~ all permitted uses 8nd development standards · Businal$ Park~ must be a minimum Of 35 ecres in size. f B~Jsinesl Pliths located withifl Iflterltate Activity Center ouadrants that permit Industhal Uses sl'~!l ~ be re<3uired to meet the St, lltlda~s as stated under the Interstate Acfivi.'ty Center Su~ fgf commerc~ and industrial land uses, c] Business Perk~ ~ ecloot ~s for the devekxxlle~t Of individual buildim3 parcels an<:l __.netle~a! llaf!dal'<~ for I;~ffefh~. landscaping, ooen $oace. signa~3e. Ih3hfin<3. h VVhen IoGIted kl I District Olflet ~ tile Urban Industrial District, the Business Park must here direct __~,~,e~____~ to I toed _.~e_$~ed as an artenat in tt~e Traffic; Circulation ~;ub- i ~ Picks em ~'tcoumoed to utilize PUD zoning, I The ~ ~ ~ ~ to be _uff~..__~l for e Business Park Subdistdct wltt~ ~ U~ Use Otstrk;t I~ 500 acral, exclu~4ve of ooen soece and co~~ areal. FLORIDA WILDLIFE FEDERATION Sou£hwes Florida Office POSTrlON 8'rA~ ON COLLIER COUNTY'S PROPOSED GROWTH MANAG~ PLAN ~~ FOR ~ POTABLE WATER AND SANITARY SEWER SUB-ELEMENTS The Florida W'~llif~ Fedemion ~ ammdn~ to Collier County Growth Mana~ Plan's Sanitary ~ nnd Potal~ WaI~' Sub-Elements, Policy 1.5.2 in Agricultmal/Rml Designated Area on the Future Land Use Map. The Growth Management Plan states that the "Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, a~ envh'onmen~ly sensitive or are in agricultural production. Urbanization is not promoted..." The proposed mnmdment Jmii.tc~ninn~ly ~ over 300 sqtmre miles in the Agriculmnl/Rml Designated Area to increased development prmm . A significant portion ofthe Agricultmld/RmM Designated Area has an "Areas of Environmental Concern" overlay. The Big ~ Area of Critical State Concern is located within thc Agricultural/Rd Designat~ ~ Factors such as impacts on en~-onmentally sensitive lands, pr~su~ on ngriculturai lands, proximity to the Urban De~na~d Area, and existence of undeveloped land within the Urb~ Desi~na2d Area have not been taken into considenfion by Collier County. Private sector and/or peckage plants will enable urban-style development throughout thc Agricultural/RuraJ Designated Area. The result will be Lu4xm sprawl with the first crc:ps along Jmmokalce Road and Route 41 East. It should be noted that Collier County has an on-going policy of purchasing existing private sector and/or package plants within the Urban Designated Area and convening to a central system, On April 22, 1997, Collier County Commissioners correctly rejected a staff request to amend fig Gwwth Management Plan allowing the extension of water and approved an amendment to allow Ixivate sector and/or package planu. This action is Desigr~_at_~ Area and the on-going effort to convert existing private sector and/or package plants within the Urban Designated Area to a central system. I I I' I I I I I I t I I I I I I I I I 12A! Histori~ data from 1990-1996 shows that the average number of manatee deaths in Collier County due to irgidents with ~ is approxi~ 3.2 per year per I 0,000 boats. Through the meclmninm and ~ eotgnin~ within this element, the County's objective is to control the number oftna~ ~ death~ due to boat related incidents to no more than this seven year average. 28, 1997 :~301 Tamiami Tnfil, Ea~ Naples, FL 34112 Pt: Collt'f ~ to IICA'i Obj~ P~ItJJlJll~ht~llll and ConJeStl (ORC) of Collier County's At tl~ reqast oftl~ Collin' County Andlkon Bolrd of~, and represetinlJ ~ I ~) members, ! am writ~ to com/~ om' strong support for a Otow~ I~ Plan(G~) which protects both thc citizens of this county, and Ihe natural resmm:~ on ~h we nil d~ from the ~ of FIorida development. ~, ~ and IonJ ~ lh~ am diflit:ult jnals lo attain ~flmul a strong Plan - the evidence is unfort~ very apparent in plJ:es li~ I~ Southn~ Oolden Gate Estates, and in such undeniable statistics as To that end, Collier Andulxj eoJ:u~ with the t~smmmzlstions ~ in'esemed by your Environmental Policy Technical ~ Bom~ Thosein~ludol~us~ofal~.weo~ da~of2002 for tl~ Natural Resotn'ce ~ Area Program (Ob~ 1.3 in~ ~), and extenskm ofthe date to 1999 for the dwzlopment of habitat protoction cx, itzMa (~ 6. I in C~ue~'vafi~ Element). TJJnk you for yoJ eollJ~ioll ofour eomments as you lnz'pare to send yom' ~ to the 13epartment of Conununity Affairs. Affidavit of Publication State of Florida Ordtnane~, ~ttmmatter~ Ao~t~on, o~,g6-9? gAR-based" Growth ~qqm~. p~n Anendme~" , a nlpI~ n lllO a [~}ttlY. Fll~ilgl, ifil N fll lltl Colll~ Countg Fk)J~dm 2Al Future I. snd U~ M~ 1211 COLLIER COUNTY GROWTH MANAGEMENT PLAN ELEMENT OF ORDINANCE NUMBER ,g..08, AS AMENDED. COM~ ~ ~ ~ENT PLAN. FOR THE A~ THE CAPITAL IMPROVEMENTS ELEMENT; BY PRO~ FOR E~VERABR.FI~; A,NO BY PROVIDING AN EFFECTNE DATE. ~ It~ Board ~ Cour~ ~ adopted ~ ~r County Growm held ~ ~ ~ ~ f~ ~ ~ public ~~~1~~~~;~ ~,~~ ~ 1~7~ Ma~ P~n ~~ ~~ ~ ~ ~ ~ ~ ~MMI~NE~ ~S TO ~ ~ IM~O~ME~S ELEME~ ~, ~ ~ ~ ~ ~ ~ IM~O~ME~S I ? tO ti 12 The etlkcgve ~ o~ ~ ~ to the CAPITAl. I~ME~S E~ME~ ~ ~ i ! 4 s · IO 1.4 ;tRfTIHAN;'£ Her, ~ 30 AN ORDI{IANCE ESTABI, ISHING THE 1997 r'OLI, I£R r'~41NTY KRrmWI'll ~NAK~NT C~PIT~ tHPR~ EL~ ANHU~ UP~ AND ~~ BY CORRE~IHG, U~TZK, ~D ~DZ~ZNG C[RTAZH COSTS, R~ ~, SUP~ZK ~D ~LICIES, AND TR~ O~TES OF IN ~ COLLI ~R C~Y GR~H ~ ~ ~PIT~L P~S IN FISCAL Y~ 1996/97 TH~H 2000/2001 ~ ~IDI~ ~R S~ILITY: AND Ifl,I~RF'JLq, Chapter 16), Part TT, Florida Statutes ~lso known as the ~Cll ~er~flt C~gehensive Pl/nninq and Land ~velo~nt C~, alSO kn~ as the Hinim~ Criteria for Review of ~cal ~ver~nt C~rehenslve Plans and DeCermination o~ C~pllance re. ire that Collier County eorrece, .~at~, ~nd modify costs. revenue s~tcea, or the dates of construction o~ facilities en~tat~ In t~ Collier County Growth Manaqe~nt Plan Capital l~tovmnt ;lmnt on an annuel basis; and ~, Collier County ha~ prepared in Annual U~ate and ~nt to the Capital Z~tovmnt Element of Lis Gtovth Hanaqmnt Plan (Ordinance ,o. q9-05), t~, that tlktl Into coni~de~lt ~on the plan~ and ~nanc~aI rll~cll ~f the ~ounty and of the rlorida~ a~ ~, Chapter 163, Part I I. Flor Ida Statues, Section 163.3177(3) (b) and 163.3187(2} provide for annual u~ates and m~ta of l~al go~er~nt Capital I~tov~nt Ele~n~s that consist cozzecti~e, u~te;, and ~iftcations concerninq costs: revenue s~z~s; acceptance of facilities pursuant ~o dedications which ate c~miltent with the plan~ or the dates of construction of any facilitiee en~rit~ in the Capital I~govement Ele~nt; and ~, the Co~l~et County elanning C~amton tn a ~nner ptelet~ ~ la. d~d ~d a ~bl~c heating concerning the -1- ~.orrecting, ~Ip(Jlttnq, 4nd modifying n( :ercain costs, revenue NoutCel, end the dltel of conlcruccion of f~cilities engraved in the Collieg County Gr~th H~nao~nt ~lan Capital I~rov~nt Kl~nc for ~pita I prol~cr ~ tn Fl~ca [ '(-~ r ~ 19~6/97 ~hrouqh 2000/2001 ~n SepC~ber 18. ~ 997 ~nd r~c~nded ~ ha c ~ c be lUMJCt~ CO the Board of County C~=s~oners. as prepaged, no~tnq cec~a~n conj~fflC~on9 and gecwnd~t~ons; and ~/IRRF~, the R~T~ nf ('n,nty r'~i~tnnera (ttd take action the ~nner prescri~d by lay and ~id hold a public hearing on ~to~t 28, l~gTI and / ~ER~. all applicable subscant i.~e and pgocedugal r~tr~nts nf lay have been ~t. ~. ~~g BE IT BY TH$ ~ARD OF CgUNTY C~ISSI~ERS Collier County, florida that: S~l~ ~E: U~lte et Costs, Pevenue Sources and Construction Dates ot Facilities ~n~rated in the Capital I~tov~nt ~MnC ot Girth Manag~nt P~an. Th~e Otd~nance~ al de~cttbed he~etn, shaJ~ be knovn and as the 1997 Gr~th Manaq~nt Plan Capital I~rov~nt Elwnt Annual ~te a~ ~n~nt for Collier County. florida. The Collier County 199~ Capital l~rov~ent Element Annual Update and ~nt. attached hereto and lncot~rated by reference hegein Exhibit A. conslstinq oE ob~ectives and pollcies~ require~nCs for capital i~rovmnts i~le~ntation~ and costs and revenues, is hereby ad,ted and shall be the Collier County Gro~th Hanaqe~nt Plan Capital I~to~mnt Ele~nt Annual U~ate and ~n~nt 1997 a~ shall su~rsede any and all previous Capital I~rov~nt El~nts a~licable ~o the untncor~rated area of Collle~ S~I~ ~: Severlbil it y. If lay phrase or ~r~ion of ~bis Ordinance is ~eld Lnvnl~d or unconstitutional by 4ay Cour~ o~ c~en~ )ur~sdic~ion, such ~rtion shell ~ dee~ a lepatate, distinct, and independent Pgo~iaion and euch holding shall not af~ecc ~he validity of r~ining ~tt ton. S~I~ THREE: Effective Date. -2- Th[i ctrdJll~hc-e eh~Jl ~,~r~ =fleetly= ,~pon receipt of notice rrm rh~ ~*er~rv nf ~r~r~ ~h~r thin ~rdinanc~ ha~ ~n filed the Secretary nf Rtat~ ~.d ~hall r~in 'ffec~tve until ~he AFFROVKD AS TO ~ AND Lr~AI, stJrrzcz L'HCy: GNP O~OIN~IL~Iid ./ R~ARD ~r r'~'~ltlTY ~'c~Ht4ISRION£RS TINOTHY L. HANCOCK, CHAIP, P.~ -3- CAPITAL IMPROVEMENT ELEMENT Seventh Annum Update & Amendment CompmhenMve PIInning Section STRIKE-OUTS (6-1;IIK6..OU:~ AND UNDERUNES (UNDERUNE$) IN THE ADOPTED SECTIONS REPRESENT PENDING AMENDES IMPL.EIVENTATION SCHEDULE OF CAPITAL Roadl Projectl Jail Proie<:lz C~,emmem Bu~ir~ Proje~ P~l~ Proiec~ W~er Projec~ Sewer ~ PROORJ~ TO ENSURE ii/~ATION capa. I com.. county Fmh Ann~ Upd.te & h~mto~y Report (AUIR) on ~ F~ Pa~ CIE- 1 CIE - 19 CIE- 28 CIE- 2g CIE -31 CIE - 32 CIE - 33 CIE - 34 CIE- 35 CIE - 3a CIE -4,4 CIE - 4a CIE - 49 CIE - 51 Appl~ix A Appendix B ~c Appendix D Appendix E Appendix F Appendix G I. INTRODUCTION 1985 and 1986 Itm Flodda Legislature significantly strengthened the requirements for county and city comprehensive plans. One of tt~ provisions of fie Local ~ment Comprehensive Planning and Land Development Regulation Act i/the requirement that the comprehensive plan must contain a Capital Improvement Element to "... consider the needs for and location of public facilities "(Section 163.3177(3), Florida Statutes). *'* The Capital Improvement Element (CIE)must ~ public facir~es that wa be required dudng the next rnm years, includ'mg ltm cost of lhe facEitle/, and the sources of revenue that will be used to fund the facilities. One of the/peciflc ~ of the legi/latton states that the pubr~c facilities that are contained in the CIE mu~t be ba~4d on "l~mdardl to ensure Ihe availability of pubr~c fadr~es and the adequacy of tho~e facilibel ~ Ilcceptable levlll of 14trice." The administrative regulation that implements the ~Mutel defines Iht ptlral4 "level of lervice' as '... an if~r~,~, of the extent or degree of service pl'ovided by ,.. I facility baled oll ~ld rMated to lhe operational characteristics of the facility. Level of len4ce Ihlll indicate Ihe ~ per unit of demand for each public facility." (Section 9J-5.003 (41), Florida Adminillmtfve Code). -i- TO PR~ ADECRJATE I:qJBMC FACKJTIES CONCURRENT WITH NEW DEVEI..OP~ IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED OBJECTIVE 1.1: Idlnlify arid define types of public ~ for which the County is responsible, establish standards for levds of s4s~ for each such public flclity, m~d determine what quant~y of additional public facJli'des · re needed in order to achieve and rrmtntMn the standards. PoBcy 1.1.1: The County shall establish stlmdm~l for levels of sen~co for three categories of public facilities, as follows: Category A publ*K: f~T~Je$ are fIK~MS which nppear in o~er elements of this comprehensive p~n, incJuding artar~al and collector ~, surfnce water management systems, potable water systems, sanitap/sewer systems, solid w~te dispos~ facil*~es, and parks and recreation fi. The standards for levels of ~ of C~egory A County ~ public facil~es ~ ~ to ~ ordm~ issued by 1~ ~ and to ~ County's annual budget, and to the ~ i~o"n/cJu~l Meme~ of this Comprehensive P~an. The standards for levels of se~4ce of Catego~ A f~ies which m rtcg County ~ shall apply to development orders issued by ff~e County 8nd to the nppropctlM ~81 element of this Comprehensive Plan, but ~ am not "pubic facilities' for ttm purposes of ttm Growth Management Plan, or the issuance of Policy 1.1.2: -he~~ of public facil*~as fi'mt il needed to eliminate ex~sttng deficiencies and to meet the needs growth shall be determined for each publk~ facirgy by the following calculation: Q=($xD)-I. S is the standm*d for level of service, D is Ute demand, such as the population, and I is the inventmy of ex~sting facilities. The calculation will be u~cl for existing demand in order to determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future grov4h. The County Commission will revMw lEI rezone requests and proposed amendments to the Future Land Use Element (FLUE) affecting the overall County-Wide density or intensity of permilllbM ~ w~h consideration of their impact on both the variable *D" in the fom*~la O -, (S x D) - I, and the overall roadway system. The County Commission shall not approve any such rezone request or FLUE amendment that significantly impacts ei~m':. (1) a roadway segment already operating and/or projected to operate w~tin one year at ~ ~ble Level of Service or;, (2) the BEBR high range population Ixojectio~ for the vartlble "D", unless one or more of the following s~uftaneous~/occuc ,Specific ~ ~ ~re approved in conjunction with the rezone to restore or maintain the I. evM of Service on the impacted roadway segment; The adopted ~ standard (BEBR high range projection) used for calculation of "Q' in the formula O = (S x D) - I is amended based on appropriate data and analysis; The Schedule of C~ In~ il updated to include any necessary pe:)jeots that would lupport I~ Idditk:m~l public facility demand(s) created by the Co Significant Impact il hereby defined for Section B of this Pol'~-y as generating potential for increased County-Wide population greater than 5% of the BEBR high range populatio~ ~ roi' Parks, ~ Waste, Water. Sewer and Drainage facilities, or as generating a volume of traffic equal to or greater than 5% of the Level of Service C peak hour volume of an impacted roadway. Do There am three circumstances in which the standards for levels of service are not the exclusive determinant of need for a public facility: Calculated needs for public facir~es in coastal high hazard areas are subject to all limitl and condtlion/ill the Conservation and Coastal Management and Future Land Use Elementl of this Growlh Management Plan. Replacement of obsolete or worn out facilities, and repair, remodeling and renovetiorl, 1MIl be detel'mined by the Board of County Commissioners upon the recomnmrxtation of the County Manager. Public facalMs thet provide levell of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following cond~ are met: the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Grow~ Management Plan, and bo the facir~y does not contradict, limit or substantially change the goals, objectives and por~cie$ of any element of this Growth Management Plan. Any public facility that is determined to be needed as a result of any of the factors listed in Section B and D of this Policy shall be inciuded in the regular Schedule of capital Improvements contained in this Capital Improvement ~ Ail capital M1~ projects for such public facilities shall be in .me ,,', to th. quantitative analysis Policy 1.1.3: The determination of location of Impfovlllle~ to expand public facir~ties will take into consideration the projected growth patterns es identffled in the County's annual population projections. Where applicable, pubrlc facility Inlpl'oveme~ will be coordinated with the capital facility plans of any other govemmerrtal entity providing public facilities within Collier County. Policy 1.1.4: Public facility improvement/within a category are to be considered in the following order or pdodty: Replacement of obsolete or worn out facilities, inclu~ repair, remodeling and renovation of facilities that contxfbute to achieving or maintaining levels of service. B. New facilities that reduce or eliminate existing deficiencies in levels of service. CIE - 3 Co , aS ~ by ~ ~1 r~wtew of the Capital Improvement Element. In the event Ihat the planned capacity of public facir~lies is insuffk:ient to serve all applicants for de~opm~t onJem, Itm capital improvemems will be scheduled in the foaow~ p~icdty order to ~: Do Eo 2. 3. 4. pmvicusly approved ordem pem~ng redevelopment, previously approval ~ ~ new development, Improvements to existing facilities, and new fec~T~ies that signif'~antly reduce the New facir~ies that exceed ~ adopted levels of service for new growth dudng the next f'we fiscal years by either:. provid'~g excas/public facility capacity that may be needed by future growth beyond lhe rmx/five fl/c..al years, or providing higher quality ~ facilities than are contemplated in the Counys normal design c~ada for such facilities. Policy 1.1.5:  standard$ for levels of sefMce of public facilities shall be as follows: A Public FIci _L!ff~__ A1 County Roads: A1.1 _County arterial/~ ~ roi<ti: Level of Se~ce as indicated ' "below on the basis of peak hour, peak ~ lrlffic volume: - Level of Service "E" on ttm following designated roads: Roads From . To Atq~l-Pulling Road Pine Ridge Road to ~n Gate Parkway ~n Gate Pado~ay Alq)ort-Pulling Road to Santa Bm'beta Boulevard Pine Ridge Road to Golden Gate Golden ~ Parl~ to US 41 Alrport-~ Road to 1-75 US 41 to Guffshore Drive Goodlatte-Frank Road ~rank Road CIE-4 A1.2 Level of Sen4ce "17' peak hour, peak saason on afl other County arterial and collector roads, however arty section of road may operate at Level of Service 'E' for a pedod not to exceed two ~ yem'~ following the datermination of Level of Service "E" in order to provide the County with time to re.om Level of Service "D" by making app~'opdate impm~,'~e~. ~ ordem may be issued during the two year pedod to the extent their is~4Jance is cormlslnt with Pormdas 1.5.3 and 1.5.4 of this Element. A3.1 AS EXISTING TRANSITIONING 1-75 G~ ~ US 41 C D SR-84 C D SR-951 - D SR-29 D . SR-82 D - County Surface W~er Marmgement Systems: Future 'private" developments - water quantity and quality standards as specified in Collier County Ord'mancas 74-50 and gO-10. A3.2 Existing 'pdvete' deve~ and existing or future public drainage facilities - those existing levels of service identffied ~ design storm return frequency event) by the completed portk)rm of the Water Management Master Plan as listed in the Drainage/Water Management Subeiement of the Public Facilities Element A4.1 County Potabk W~t~r Systems: County systems 135 gallons per day per capita plus 21% for non-residential A4.2 City of Naples - 150 gallons per capita per day A4.3 Private potable wate~ systems: Sewage flow design stendardI as identified in Policy 1.3.1 of the Potable Water Subeiement of this Growth Management Pbln. A5.1 County Sanitary Sewer Systems: County systems: 100 gallons per day per capita plus 21% for non-resider~al A5.2 City of Naples I 150 gallons per caplta per day A5.3 Private sanitary sewer systems: Sewage flow design standards as identified in Por~-'y 1.2.1 of the Sanitary Sewer Subelement of this Growth Ma~ Plan. County Solid Waste Disposal Facilities: A6.1 -1~91.10 tons of Solid Waste per capita per year A7 A6.3 Courtly Pm'ks ~ Recre~lon A7.1 Regional P~ ~ A7.2 Conmmni~ Pm.k Im~ A7.3 Recreation 12Ai Cal~goe. y B PubBc Fm::lljes: m County ~my Sdc,n~ B2 B3 84 = 2.g412 acres per 1,000/pop. · ' 12882 acres per 1,O00/pop. - $179.00 capital investment per capita (at currem co~t) : 0.33 m:luam feet per capita County Jai! ' 0.0024 beds pe~ capita districts: C2 · 2.58 squsm feet per capita "0.00097 apparatus and stations per capita "0.00057 apparatus and ~ons per capita = not to exceed annual average capacity of "C" fo~ sll streets C1.2 Everglades City = ~ m~erage of "A" fro' all COllectors C3.1 State Lands Surface Water Mmlagemeclt = leased lands for agriculka'e to have best management practices per clean water act. (No measurable standard) Municipal Sulface W~.r Manlg.lmm~ Ctty of Naple~ = n~ ~ ~ of service. New developmem to conform with County C3.2 C4.1 C7.1 C7.2 C7.3 C7.4 C7.5 C7.6 ~City = 10 yl~'- 24 hou~ flmm evem Mmltcipal Pelabll Wlllr Syllabi: E~,~'glld~ City = 135 galonl per capita per day, plus 21% for non-residential Sanaary Sewer ~: City ' 100 gallons pe~ capita per day plus 21% for non-residential Federal and ~ate Parks: Federal Park~: Evef'gladel Nalional Park, Big Cypress Preserve - to protect envin:xln~ntally sensitive lands. Boundaries set by ~. (No measurable standmd) State Park: Policy i~ riot to develop mom than 20%. (No measurable State Rlcamtion Ama: Stlmtl,'d la of no particular size, physical development limited to no mom Itmn 50% of land area. State To mainla~ exceptional objects to conditions. Physical dev~ B'nited lo no more than 5% of land area. (No State Museum: No Itlndlrd for size Municipal Park~ and Re~eallen Fac:EIl~: 1. Badridbal Courto 2. Basebal ~ 3. Belch ACCESS Polntl 4. Bo~ n.mm 5. Bike T~ Foolt)ll Fields 8. Ho~ Piti Meetit~ Rooms 10. Pavilions 2 ~ 1,000 population 1 acm 1 1,000 population 1 mile/25,000 population 115,0oo popuition 1/5,ooo population 1/1,0(X) populaeon ~/e,ooo mpdatJon 1/1,5(X) ~ 1/8,000 populllfon 1/10,000 po~ 112,500 population 118,CXX) population 1/5,ooo ~ C10 Cll C82 118,000 populatk)n 1/2,soo popu~on 1/2,500 ~ 1/25,000 populatk)n 112,000 pop, ul~f~,fl 114,000 population 1.2S aais/s34 popu~on 1. ~Cou~ = 1/534 population 2. ~ Field~ · 1/534 populat~ 3. BiI~ Tmil~ · 1/534 population 4. Community Center. = 1/534 popu~ 5. Foolball ~ · 1/534 popu~ 6. Pavllion~ · 1/534 population 7. Ptcnl¢ Are~ · 1/5.34 population 8. mayAm~ · 'US34 r,opaat~ g. Taints Coulls · 1/534 popul~ Prlvat~ gm:maUe~ Facllltl~: a. No standard in indus~ b. Collier County UsII~ OI)ml ~ Requirement ~ ~1r~2-2 Sec. 7.27 Planned Reaidenl~ I~ = 60% of gro~ ama shall be devoted Conym.'ctal, Inclust~al, & Mlxa~ Ral~Se ~= at least 30% of 3. Dedication of u.,able ~ ~ · Maximum of 8% of gross project site stanclm~ of 2.5~ SCl. ft. 13~ ~ includes Ihe County's pubic, health facilities. i~IGJECTIVE 1.2: Provide pubrK: facilities in order to maintain adopted level of service standards that are within the al:xT~ of the County to fund, or within the County's authority to require others to provide. Existing fadl'~ deficiencies measured against ~ a~ level of service standards will be eliminated with revenues generated by ad valorem taxes and intergovernmental revenues received based on economic aclivity. Future G~e~topmeflt win bear Ii pl'olx)c~,onate cost of facil~ improvements necessitated by growth. Future 4evelolxlle~$ payments may fake the form of, but am not limited to, volunta~ cofltilbutfofls for the betlefit of atly ptJb~ factF~y, irnpact fees, dedications of land, provision of pubic facir~tles, end future paymeflts of user fees, special assessments and taxes. Policy 1.2.1: The estimated capital experKlitum$ for all needed public facilities shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current law, and which have not been rejected by referendum, if a referendum is required to enact a source of revenue. Policy 1.2.2: Existing end future development shall both pay for the costs of needed public fadlities. Existing development shall pay for some or Ill facdlllles that reduce of' fHimlnate existing def~endes, some or all of the replacement of obsolete or worn out facilities, and may ~ a portion of the cost of facilities needed by future developme~ Both exfatirtg and future development may have part of their costs paid by grants, entitlements or public facilities from other levels of government and independent olicy 1.2.3: Public facilities financed by County entetpflse funds (i.e., potable water, sanitary sawer and solid waste) may be financed by debt to be repaid by user fees and charges for enterprise services, or the facilities may be financed from current al4ats (i.e., reserves, surpluses and current revenue), Policy 1.2.4: Public facililies financed by nofl-e~eq~ funds (i.e., roads, surface water management, parks, litxlry, emergency medicll sef~tol, jail, oth~'~ buildings, and dependent fire districts) shall be financed from current assets (l~y-a~.ycxJ-gO financing) except es otherwise provided in this policy. Public facilities financed by non.-efltet~xtse fixtd~ shall not be financed by debt unless such borrowing Is ~ only financt~ lechnique ~ Ittlt ~ enable the County to provide facility capacity sufficient to meat standards for ~ of ~fvice ~ with new developmenL Debt financing shall not be used to provide excess capacity in nofl-entml~Se public facilities unless the excess capacity is an unavoidable result of a ~ ~ that is needed to active or maintain standards for levels of sen4ce. Notwtltl~tatl&~ olhec ~ of this policy, general obligation bonds approved by referendum may be used for any public facilllles to acquire capacity needed within 12Al I~llcy 1.2.5: The County shall not ixovtde a public facir~y, nor N~all it accept the provision of a public facility by others, if the County is unable to pay for the subsequent annual operating and maintenance costs of the fac tyo Policy 1,2.7: The County shall continue to collect impact fees for Parks and Recreation, EMS and Library facilities requiring the same level of service standard as adopted in PoF~7 1.1.5 of this element in order to assess new development a pro rata share of the costs required to finance Parks and Recreation, EMS and Ubra~f improvements necessitated by such development Policy t.z : I I~,~l ~111~r IID~,~q I~ Ia~ ~.~,~alli,~ ~IIINi UlV~'l~.r~ --WVl"" --'~ ~' ,,,v,v v, .,v ,v.v,,.v .v.,--v ' '.. . - _ revenue sources am identified as needed for ~ ~ ~ ~ ~ ~ of C~ Im~nen~, the Growth Management Plan shall be m~ended ~ o~ one or more of the following actions: Remove through a plan amendment faci~ty improvements or new facilities from the adopted Schedule of Clpltll I1~ that exceed the adopted levels of service for Remove from the adopted ~ of Capital Im~ through a plan amendment facility i~ or new facililJtl that reduce the operating cost of providing a Co Where feasible, transfer funds from a funded Non-Capital Improvement Element capital p~oject in order to fund In identified deficient Capital Improvement Element public facility. The resulting revisions shall be reflected in the required annual update. Do Lower the ~:lopted level of l, en~:e Itandard Ihrough a plan amendment for the facility for So Do not issue ~ orde~ that would continue to cause a deficiency based on the fadlity's adopted level of servtce standard. ~ County will not exceed a maximu~ ratio of total general governmental debt service to bondable · revenue~ from cunl~ soumes of 13%. Whema~ Flodda b~tatutes place no limitation on the application of revenu~ to debt ~ by local ~ autlmdUe~, ixudent fiscal management dictates a ~lf-imposed level of constraint. Currettt bondable ~ are ad valorem taxes and State-shared rel~u~, specifically gas ~ arid lite half-cellt ~ tax. The Enterprise Funds operate under ~ bond#lg ratios set. by the rmmlcllll markets and am, therefore, excluded from this debt policy. Effecltve will1 plan irfllf4~lelllalk~ ~ ~ in ~ coastal high hazard ama shall be limited tO ~ facllilles needed to ~ppod new ~ lo the extent permitted in the Future Land Use Elemen[ In addition, ~ ~ ~ ~ ~ f~ ~: 1.3.1: ~ ....... '~:----:------~-- °----=--- _1 .... · · - .... " ........ within one ear of ~1~1~ coon:flflltm itl ~ ~ ~ anti ~ vHth itl plans for pu~ic facility capital k~ bY Pl'ovidlng Ilelded ~ kl~ for mplacanmnt of obsolete or worn out flCitJe~, ~ ex~ deficMIlcMI, arid futurl de~ and redevelopment caused by Policy 1.4.1: The County ~ provide, ~ re'range fa' othe~ to provide, the public facir~es listed in the Schedule of ~ kllpmveman~ tn Iht 'Rlquimml~ for ClpitM I~ Implementation" section of this Capaal ~ Element. The 8chedde of Cap#al Im~ may be ~ as follows: Ao The Schedule of Capital Impfl~,~mantl shall be updated annually. Pumua~ to Florida ~ 163.3187, the Schedule of Capital Improvements may be amended two times du~ng any ¢Mandar yea', and as allowed for emergencies, de*~lopme~s of regional impact, am:l certain small scale development activities. C. Pumuant to ~ 81alut~ 163.3177, Itm Schedule of Capital Improvements may be adjulted by ordinance nol deemed to be an amendment to the Growth Management ions, updates, and modiflcatlon~ concem~ costs; revenue sources; or acceptance of ~"Y~1.4.2: A public facility ~ ~ IhMI be ~ with the goals, objectives and Policy 1.4.3: The County shall include in Ihe capital Ipf3~x~3~tl of it/annual budget all the pubr~c facility projects listed in the Schedule of Ca~ ~ ~ ~ dudng the apple fiscal year. ~ for whk:h I;~;xl~ol'~llJorll hl~l bill1 mlldl in Ihe ~ budget will rlO~ be removed once they ~ beefl rMild ulcxxl for UI,I llluanc:l of I IxzldlflO ~ The County may also include in the ~ ~ of itl ~ ~ ~ ~ facility projects blat conform to Policy Policy 1,,IA: The County ~ ~, Ixkx' to the issuance of building permits, wheth~ or not there is sufficient C~ of C~ A public flcBIJe~ to ~ ~ ~ for level of service for existing population ---,. ........ Policy 1.4.5: .... - ..... .-...r r,,-, -,u~. ~ser Courts Three (3) Water a~l/ eotsxlate~, appem~ In rile F,ubltc Fncn~s =-, ......... _ tie .,--.,Ld.~ ........... r-.Jmsmnt [~ ~er 8~ ~r ~oads ~ ~ ~ a ~~ ~ ~. f~s a~ ~ ~pes ~ MANAGEMENT ~~--CTIVE 1.5: Coftsiste~ with Ctmp~ 163, Part II, Fkxlda 8tatut~ and Rule 9J-5.0055, Florida Administrative Code. The County shall establish a r~ulatmy ~ nlordMd~ program to ensure the scheduling, funding and IJmely collstruction of Catego~ A pubic factlitJ~ ~ with, of' prior to, the issuance of a building Policy 1.5.1: The coflctm'ency requirement for the Potable Water, Sanitary Sewer, Drainage and Solid Waste level of Sendce Standards of ~ Growth Managemmlt Plan will be achieved or maintained if any one of Ihe following standm'd$ of the Cgmcufl'ency Management System are met: Ao The necessary facilifl~ and ~ervlces am in place at the time a building permit is issued; Bo The necessary faciltti~ ~ sef~:e$ are guaranteed in an enforceable development agreeme~ that inckKMs the pmvtsto~ of pmagraphs A and B of this policy. An eflforceabM d~ agr~eme~ may irK:lude, but is not limited to, development agmeme¢~ pummflt to Section 1~,3220, FIoFgla Statute, or an agrtmment or ~ Ofd~ Issued ~ to Chapt~ 380, Flork~ Statutes. The agreement must guarantee Ihat ltm necessary ~ wi~ be in place when the impacts of the devek x occur. Policy 1.5.2: The CZXlCurmr~j requirement for the Recreettcm and Open Space Level of Service Standards of this Grow'd1 Martagement Plan will be achieved of maintained if any one of the following standards of the Ao Compaarx:e w#h any one Of Itm ~tamtards set forth in Policy 1.5.1 A, B ancl C is met; of Co facilities and secutc:~ am the ~bject of ii binding executed contract which provides for com~ Of actual comtn~. lort of the rm:lulred facilities within one year Of the issuance of the building permit; or The necessary facilities And sec~:es am guacantaed in an enf~ble development agreement whlch mquklm th~ co~fll~me~ Of the actual ~ of the facilities within role year Of the tssuartce Of Ihe applicable ixJilding permit. An anforceable CIE - 1S Poacy 1~3: The ~ requirement of Itm Tralflc CirculMlon Level of Service Standards of this Growth Compliance web ~y one of Ihe slandards set fodh in Policies 1.5.1 A, B, and C and 1.5.2 B and C is met; ~x In ~ in which Collier County It~ ¢ofnmit~ed to provide Itm necessmy public fadlities A Capm~ ~ ~md a five-year Schedu~ of Capitai requirements, must be flnartdMly flllib~. The C~ Improvement Element and project~ irtduded in ~ ~ Ulme years of Ihe appl~, adopted Florida A realistic, flnanciMly fel~Jl:~ ftxtdklg system based o~1 currently available revenue ~ ~ ~ ~ ~ ~ ~ ~ ~ f~es ~ui~ to which mu~t include the es~rnated A five. yea' Schedule of Cap#al Impmvemef~ which must demonstrate that all actual ~ of Ihe road facilities ~ ~ provislon of services is scheduled Imp~mm~. REQUIREMENI~ FOR CAPITAL IMPROVEMENTS IMPLEMENTATION SCtlEDULE OF CAPITAL IMPROVEMENTS a~ mCllllM~, mm mm~ ~,~lM~le ~ facilities for future growth. _ -~'~' ':"'~ m' m~/~m mr aa~l~ll commencement of construction monlh and year esot1 project ~ ~ ~ ~ ~) il indicated, and the Each ~ ~n Catego~ B i~ cormlltent will1 the levM of ~mace ~andm~ as identified within this 0 U 0 0 0 0 ,0 mmmmmmmmmm 1241 ~, ~r 0 0 0 - · ..- ,--, --,..--. -~ ItJ ~ ~ ~ ~ ~ ~ ~ur~s of r~u~. ~ ~ "' ~ Y. :~_2~- A~ ~ are ~a~~d~~~~ .. t~ll ~ used by the :.' ~~n ....... ~..~ · ~ ~~a~ m~nue ~ ~ I ~L ~ um ~ ~ f~ ~lS ~ ~ listed in CIE Policy ~ ~ffi ~f~ ~M~ ~~da~s LESS Available Rescues: ~SL~.; Reimbumemet~ ~ ~ ~ ~ Stllte/F~ ~ Tnx~ Balan~ WATER & SEWER ~ LESS Symm Oewtol~e~ Fee~J~e~ Fm 120 933 000 0 3_o,o92.ooq_ 4_,590,000 0 0 souo Balance 0 1~4,142,00Q ~ {_1_. 139,000~ FIRE~ Ida of Capd ADO Ad Balance 3,682 .~x~ (2,129,700) (7,477,000) (! 1,752,700) 11,752.700_ Capital Improvement County w~l detenmine whether or not ~~~~A~~~~ ~s f°~Is°f 2. ,, C~.~ .(~-_Z-___R~ ~. mil ~ ¢xders having negative impacts on .?ateg. ory A · '-- ,--' ...... ~ ........ ~ ... r..,,.~ wil detemllne whether or no . , I:~bliC F~cllill~ O01~ 01~1113uam~ I~!,'~., "-.."~'~_"_'_~_-.-.~-7.~.~ ,.--,-,~,rmnt w~th the impacts on ievels ¢.padlyof~ ~._ .~..._.,_.~,~,,.~,~.~t~a~enextr~vefi~.a~years. ~act Fee Ordinan¢~ ~11 require Ibm marne .tandard for the level of se~ce as is required by Policy 1.1.5. 4. Annul ~ The ~ budget will include in it~ capital ~$ all Ixoj~$ in the Schedule of Capital I~ ~ are ~ for expenditum~ dur~g the next fiscal year. 5. __.~eW~llrlual Relx~ ....... -- ,-'------...-,,, Affairs concerning amendments to .L-- ,~,,,,,,~,a~m~mIV~ ~ ~ to ~1'13~~, ~l~l~m.~----. '_~.._~-.~'-] .--,4 ,.,,.ai,..;,~. in the Caoital i:l~li~l~wllreportoncnar~."""'~. '""'~'"'' .... ' - ' ...... ~ to Ih. "-~'~ ~ Element to meet the changing , The ~ o1' ~ ~ a,, .. ~ in ~ AuGv~t of eac~ year, the element w~ll be ~ 13~ be all ~ ~'~_~,: ~-~'mM'--'~---111aease of the officJal BEBR 2, Updat. o~ t~:alY ~ o Update of ~ ~ anal~ to project 10 year needs (by fiscal year) in arder to prog~a~ projects t~ meet tt~ ~4ce ~axlards. Update of revem~e fo~casts in on:~r to evaluate financial feasibility and the County's ~ to finance capital ~ needed to meet the se~ice standards. Rtw~I ~ dev~ol3 cap{~ ~ pn3jects roi' the Ilext five years. The first year's sdled~le of ~ ~ be ~ ~ the CouPs budget effective October 1 st. ~, C{I~'~'.__~ M~rl~{:lement SY~11 Management -"-' --'= - ................ The system ~ s~ A. ~1 ~ ~ ~ ~ ~ a~ ~ ~ ~ ~ ~blic fadl~es ~ ~ ~ ~s f~ ~ ~ ~ ~ in Poli~ 1.1.5. of this Element. ~ ~ ~ ~e~ ~ ~ ~pa~ ~ e~s~ng public fadlities and fore. st ~ ~ d e~ a~ ~ ~ f~r~es for ea~ of ~e five su~eding fis~l ye~. Fm ~e ~~ ~ ~ ~ ~ f~r~ ~anni~, a ten year forest of ~ ~ ~ ~ ~ ~ ~ ~. ~ f~s~ ~ ~ based on the ~ ~ u~ ~ ~ ~ I~n~ in ~is Capital Impro~ment ~ ~ ~ ~ ~ ~ ~ ~ ~ ~e ~pad~ and le~ls of ~ ~ ~ f~ ~ ~ ~ ~ ~ ~~e~ ~de~ dudng ~e 12 ~ ~~ ~ ~ ~ ~ ~. ~i~ ~ is ~e Annual U~ate and B. ~ f~ ~ ~. ~ ~ ~ u~ ~ p~dures s~dfied in I~ ~ 1 ~ 2 ~ ~ ~ ~uimments of Policies 1.5.1, 1.52 a~ 1.5.3 of ~is E~ CIE- S2 , .............. .ll ......... ] Review of changes in plmuted capadty of public fac~T~es. The County shall review each attmndment to ltds Capital Im~ Element in particular any changes in standards for levels of ~ ~ ~ in ~ Sell,dUse of Capital Improvements in order to o S~ for ~ of ~ ate ~ wflilin appropriate geographical areas of the County. ~ roi' County-~ pubfic facir~es are applied to developm~ ordms based on levels of service throughout the County. Standards fo¢' public fac~'litles that serve less than the entire County are applied to developme~ ~ oll the basis of levels of service within assigned areas. Levels of ~ al~ com~ to adopted standards on an annual basis. Annual mordtol~lg is used, rMher than case.by-case monitoring, for the following a. at~lual i/tollttoflllg ~ds to annual expenditures for capital ~ dufl~ the County's fiscal yea~, and b. annual ~ covel~ seasonal variations in levels of service. ....... ,..---- ,,,,a ~ repro1 will nddress the implementation of the S~:x)f~L~_~year evalulmm msu ~----=.. ...... .~-~.. ,,,,.~i~inn nrocedures arid pollOeS ot g~ ~ --v~,--,,'-'.- ..-'-". .... .,_ a° Co Review of an~lual reflort~ of the Colleu~lcY l~ent System; Review of ~miannual repor~ to DCA concerning amendments to the Comprehensive Rev/mw of Ilnnual updat~ of ~ Capital Improvement Element, including updated CIE- 5,1 12Al~ COLLIER COUNTY GROWI~ MANAG~NT PLAN TRANSI~I~A~ON ELEMENT I 2 4 6 $ I0 I$ t2 13 t4 16 I? IS 19 ~0 21 ~4 ~S ~? 41 ~2 4:~ did lubmit the 1996-97 Orowl~ Management Ptan ~n~ ~~~~~ f~~~~.l~7;a~ ~~~~ ~ ~ ~ ~ ~ke ~n ~s Lo ~ ~ ~ tO ~ Gr~ ~~t NOW, ~ ~ IT ~ BY ~ BOARD OF COCJNTY COMMISSIONERS ~ .4OOPTN3N OF AMENOMENT~ TO THE TRANSPORTATION ELEMENT OF 10 odol~Mfl d o j~joohJllofl sf~im, dflg ~ ~ ~, · ~ ~ ~ R~ ~ ~e sent t° 12 t~:xx, Tdefwmeo, ~;.i~ 32300-2100. t2 PASSED ANO D~A.y .4d~ by the Boerd c~ County ~ °f C'°41i~' ~ 14 ATrF.~: OWIOHT I= BI~I:X~ CL~U< BOARD OF COUNTY COMMISSIONERS COLLJER COUNTY. FLORIDA 16 17 Il 19 2O 21 By:. BY: TIMOTHY L. HANCOCK CHAIRMAN 2~ October, 1997 ,a__~~ TO COl ! "=R COUNTY GROWTH MANAGEMENT PLAN ~ 11~ ~UP;K)RT ~ WILL I~ LIPO~I'E~ A~ CURRENT INFORMATION BECOMES AVALABL.E. TAm. E Olr CONTENT~ 3,. Traff~ Cmmt & Accidem F~ ~ 4. Unacceptae~ Condlax~ - ~ ~ PA6E TI:~,~8 1. I.~nd U~e ProJeclio~ · 2. Tnr~ ~ ~ 3. Tmfttc ~ ~' 4. Future Traffic ~ M~ .2{XX~ 5. Future Traffic ~ M~ o20'I(Y' 6. Futura Tmfl~ Circulation Map -2020' E. ~ urvrr,~-~ .,Tp.,..~..~-, ~ & MULTI-MODAL TRANSPORTATIQ .N' 1. ~ Trl'al~ F. PER~ECnVF.~ 1. Lmd U~ I~u~' 4. Fundln~ of Roldwly ~ * O. I~I~.EMENTATION STRATEGY* TRAN-43 TRAN-76 TRAN.83 TRAN-85 TRAN.-88 lB 1(= 1D 2 3 4 TR-1AW TR-1AE TR.1BW TR-1BE TR-1CW TR-1CE Coller County Gem.'alzed ~ Volumes Two-Way Annull A~ ~ ~ V~ for Ul'Oan Two-Way Atteda~ Two-Way Annual Avm'lge Deily ~ Volum~ for FIXTT'I Annum Avlmge ~ Volum~ for Non-State R~. ~ Ind Two Larm Uninterrupted ~ U~ Condiltom on County Road~ ~ Un~o~b~ Condilions on State Roads ~ County Mnior h'~'w.~y ~'~.~..~ Future * Traffic ~ Imt~ - lgg7-2001 ~ Fmclity Type- F. xte~g Facility Type- ~ Coee' County · Eximlg Numl~ o~ Lane~ Wem~ Collier ~ * ExilW~ N~ of I. Inel- ~ ~ C,o~nty * ~ A~ ~ of 5ervtce SlIndm'ds - We~,~em Collier County * ~ Adop¢~ Lev~ of Service Smndm~ - ~ Co,let County* PAGE TRAN-25 TRAN-27 TRAN-28 TRAN-30 TRAN-3.4 TRAN-35 TRAN-36 TRAN-47 TRAN-9 TRAN-10 TRA- 11 TRAN-12 TRAN-13 TRAN-14 TRAN-15 RES . . . n Area' . . . ' Area' . - I lee Area' . · - Ma Island Area* . F - R I Area' PAG_.__.[E TRAN-16 TRAN-17 TRAN-18 TRAN-19 TRAN-20 T~N-21 TRAN-22 TR.&AW Existing Unacceptable ~ - Western Collier County ' Existing UnaccefXable C, onditio~ - F. astem Coa~ County' Traffic Circulation ~ - Western Collier County' 5 Year Capital Im~ Elemeflt Map Western Collier County 5 Year Capital Im~oveme~ Eleme~ Map Eastern Collier County" Number' of Lanai- Year 2(XX) Western Collier County * Number of Idmes. Year 2(X:)O Eastem Col,~ County Facility Type - Year 2000 - Western Comer County' Facility Type - Year 2000 - Eastern Coaier County' TRAN-41 TFLAN-42 TRAN-45 TRAN-48 TFL~N-49 TRAN-50 TRAN-51 TRAN-52 TRAN-53 TRAN-54 TRAN-55 TR.&AW Number of Lanes - Year 2010 Western Collier County ' TRAN-57 Numb~ of Lanes - Year 2010" Eamm Col Com Facilay T)1~e - Year 2010 We~em CoBer County* Facilily Type - Year 2010 - Ea~em OoBer County' PA~E TRAN..59 TRAN-60 ~ of Sm14¢e - Yem' 2010 Westetll ColB~ Count~' ~ of SenSe. Yea' 2010 E__~s~.~_ ~;~lrler C, ount~ ~~~-Y~~- ~ ~~- F~ T~ - Y~ ~ - W~ ~ ~ F~T~.Y~~- ~~~ Y~ ~ ~ ~ P~ F~ - N~ U~n A~* Y~ ~ ~ ~ ~ F~ - I~~ Y~~~~~F~-~~ Y~ ~ ~ ~ ~ F~. R~ Ama* F~ T~~~& T~~- T~ ~ ~ & T~ ~ - F~ ~ C~_~ TRAN-61 TRAN..64 TRAN-65 TRAN-66 TRAN-67 TRAN-6. 9 ~-70 TRAN- 71 ~77 TRAN-73 ~75 TRAN-81 TRAN~I? 1 D. FUTURE SYSTEM NEEDS 1. IJnd U~ Proj~ The develoWnent of the Future Tref6c ~ Map Series is based upon estimated travel demand generated by projected larM I.~e~. Incmase~ in existing travel demands will occur wherever increased growal OCCUm, Pro~ where this land u~e activity will take place is a process called land use Future land use projectionl began with futura population projections. The Long Range Planning ~ rellel on the ~ of l=collomic and Business Research (BEBR) for estimates of Having ~ the appropriate growth rate for uae in population forecasting, land use data sets for thee horizoll year~ were Ix~ that were ~ellt with the population totals predicted to exist in those horizon1 yearn, ~ the efo~ growth rate. These data sets were prepared using a collec~n of assumptions about how much of the development still possible within each traffic analysis zone will have occurred by the hodzoll year. The method of distributing the countywide population total Ix'ed'lcted to exist (and the re~lltant affKXlnt of commercial act~) among the traffic analysis zones was approved by the MPO lit the~ January 2~, 1~ meeting. A full description of the method is 2. Travel Demand Patterns The land use data sets referred to above are the chief inputs into the transportation model used to pcedict future traffic volurlle~. The moclel ~ by the Colr~er County MPO. and its consultant, is the Flodda Standard Urban Transportation Model Structure (FSUTMS). This incorporates Urban Analysis Group's TRANPLAN model with a user interface. FSUTMS is supported by the Florida Department of Transportation. The MPO'$ general servica Conlultlnl, David Plummet and Associates, prepared the most recent Long Range Plan Update, which ~ adopted by I)5e MPO in December, 1995. Subsequent to the adoption of that Plan, the projected population in the year 2020 was revised downward The Fin~:tally Feas4'bte network for that yea'was r~.examined with the new population projection, and was not altered. Inteflm year networ~ were ~ produced, for the years 2000 and 2010. The land use data ~ that produced the trti~ Involved were created with the method mentioned above. The number of tril~ on the netwo~ varl~ only with the number of dwelling units predicted to be on the ground in Ihe horizon year. TrlI~ originate from residential land uses, and are destined for commercial land t~e~. The route~ ¢hoMn by ~ ~mulated trip makers are those that minimize travel .tim~. When different nelwol'k confl~JfMkx~ are te~ed, improving a facility, or adding a new facility, can Mlift trip~ onto those facilities, ~ the new or improved facility has become part of the quickest route for some trip maker~. The netwo~ pmd~ for each of the three horizon years were judged to be the best solutions i:xJrchasable with the revenues projected to be available, and are thus called financially feasible networks. The network plots pubr~',hed in the final report of the Long Range Plan Update (June, 1996) are inckJded in this element unaltered, and are used as the Number of Lanes maps for the western pad of the county. 3, Traffic Circulation Con~tralnt~ In marly ~ d the Naplel Urban Area, traffic circulation movements are constrained by the natural feature~ of the ~ such a~ the Oordoll River. Still other parts offer constraints of the TRAN -43 !2A mammade variety, luch as golf couf1~ and the Naplel Airport. In many instances approved developmen~ (I, ome e,xl~ing, other~ not yet built) block the way of logical ex'tensions of urban collector and arterial road o Map TR-3 depicts many of the Iraflic circulation constrak~ identified dudng the alternatives devek:, xnent pha., of thi= ptan. The ~ most noticeable co~strak~ ti, the Gordon River as it extends from the Naples Bay northward trader the East TmTtlami Trail (US 41) to I~ com'tec/ton with the Golden Gate canal system. The ~ of Ihe highway Iletwo~ lit tt~ location resembles an 'l'~our-glass", On the western extreme, US 41 and ~ Road converge on the narrow "straits" of the Gordon River bridge, while to the east, US 41 and Davis Boldlev'a~ do likewise. The result is the typical "bottleneck" effect when tOO much volume is forced through a COnstgK~ed area. The other confl'ibuting factor to curre~ and future congestion problems is associated with the nmltwmst/southeast con~ of the East Trag (US 41). Because this roadway converges with the ~ attd I1OIlhflou~ roadway~ at att aflgle it ha~ the impact of fordng or "squeezing" the travel demal'td into the colllined al'aa of the (3ordoll ~ corrklor. This one roadway serves both the m:Xth/IOl,~ arid the ~ Bevel demand in the East Naples ama. Travele~ at the ~outh~astefil comer of the Urbatt Area have only one route into the central City of Naples, i.e., Ihe ~ Trail, whegeas ttavele~ in the northeast reaches of the Urban Area have a multitude of choicas alortg the roadway ~ fo~ a route to downtown Naples. In developing plan~ for new and expanded roadwa~ that make up the long range network, the County has kep~ in view ~ natural atx:l mall-made ttal~ circulation constraints. Even though ertvtr~ co~cefl~ are L_m*__~J ~ through the permitting I:xocess, it is important to collMder vartou~ ~ aRematJv~ in I~t of the ~Ttatimes fragile ecological features. TRAN -44 TRAFFIC CIRCULATION CONSTRAIN TS CO. .. i-:-:-:-:-: 12Ai 4. Futura Traffic Circulation Map - Year 2000 The roadwayl included in Table 5 are funded in the proposed 1997-2001 Capital Improvement Element. Map TR.4 (W & E) identifiee the projec~ included in the CIE. Map Series TR-5 is similar to the Ex.ting Traffic Circulation Map 8erlee a~ it dapic~ the lane requirements and facility type and ~:¥j.~.[~jg~, ro~J~e~,_in the year 2000, Map TR-r,~W, the Number of Lanes map for the year 2000, is rel:x'oduced unaltered from the Long Range Platt Uixlate, and is the financially feasible network for that year. $. Future Traffic Ciroulatlon Map - Year 2010 The ~econd of three planning horizons found in this Element is the year 2010. Map Series TR-6 depicta ~ ~ ~~. ~ f~ ~ ' r in the year 2010. Map TR-6AW, the Number of Lanes map for the year 2010, i~ reproduced unaltered from the Long Range Plan Update, and is the financially feasible network for that year.. Map TR.,6 (VV and E) depict~ the roadway needs in the year 2010 based upon the travel demand modeling done during the preparation of the Long Range Plan Update. It i$ the PUrl:X~e Of this map to provide the basis for adding projects to the 5 Year Capital Improvement Element (CIE) during the annual update process. Each year, as time advances, projects will move do~er to the annual element (§r~t year) Of the 5 year CIE. 0. Future Traffic Clmulatio. Map - Year 2020 The third of the three planning Ixxtzon$ found in th~ Element is the year 2020. Map Series TR-7 depicts the lane requirements. ~ feebly type. f ilities in the year 2020. Map TR-TAW, the Number Of ~ map for the year 2020, is reproduced unaltered from the Long Range Plan Update, and i~ the finatlclally f~ network for that year. The Future Traffic Circulation MO (2000, 2010, and 2020) depict the number of lanes for each facility, and facility type, Since the State'a Flxtctiorlal Classification System is based upon a series of actual data teeth, it i~ inepproprlate to apaculate aa to how · facility may be functionally classified in five or ten year~. Therefore, thi~ Element pre~ume~ that the roadways shown on the Future Traffic Circulation Map~ (2000, 2010, 2020) ere Of the ~arne facility type as exist currently (Map lA). Any new facilifle~ added during these time frame~ am to be construed as collectors unless otherwise noted in TRAN4 0 5 YEAR CAPITAL IMPROVEMENT ELEMENT MAP C.R. 846 5 YE:AR CAPITAL IMPROVEMENT ELEMENT MAP EASTERN COUJ~.R COUNW COUJ~ CO. MONI~OE co. Year 2000 Veeter~ Collier County J ~ DO? - W M COJ.lJJJ ClX]NTT ~ (C~LII awlm I~ NUMBER OF LANES YEAR 2000 FACILITY TYPE - YEAR 20OO I I I '1 ! I I I NEN~WY CO.., COUJER CO. FAClUTY 'tYPE - YEAR 2000 12Al t YEAR 2000 LEVELS OF SERVICE ~ ~ COUNt'¢ HF_NI:X~ Y CO. ~ -~ ........ 1 - - ~ch: ..... , YEAR 2000 LEVELS OF SERVICE NUMBER OF' LANES - YEAR 2010 6 Ldm~S 8 ~,4j t FACILITY TYPE - YEAR 2010 12Al °l I I I I" ............ J IrAOIUTY TYPE: - YEAR 2010 mmmm # mm ~m m mm~ mmm ~ YEAR 2010 LEVELS OF' SERVICE i YE:AR 2010 LEVELS OF SERVICE ~.$T~RN COLU[R CCXJNTY 12Al 2010 Juuber of Lanes Veer 2020 Veocern Collier ~ ~ - D~TIOCT 01~ EXHIBIT I-1 · ..... 020 FINANCIALL'~..':FI~ASIBLE pLAN (~ COUNTY) ~ H);GHVAY NUMBER MAP 17t-7M: Of LANES - YEAR 2o~2 4 ./ ~8 FAClUTY TYPE - YEAR 2020 I I I '1 I I I FAClUTY TYPE - YEAR 2020 YEAR 2020 LEVELS OF SERVICE 12,~1 YEAR MAP TR- 7C1[ 2020 LE~LS OF SER~CE ICXX ,o HAP TR-TD Evacuation Year 2020 i . I I 12ll1 E. HO.u. _u._~. O.=.~'~=? .'":P.~..'E[. INTERMODAL & Mt, II~TI-MQDAL TRANSPORTATION OTodayin Colr~er County, there exists the potential for an integrated network of bicycle and pedestrian facir~ies that would provide a safe, clean, healthy, and efficient opportunity for travel throughout the urban area. To help create a more balanced and l'rvable transportation system, one that provides for bicycling and walking. CMlier Cotlllty has undellaken new roles and responsibilities not previously The Collier County C..ompr~neft~ Pathway Plan, developed by the Naples (Collier County) Matropor~n Planning Organization (MPO) staff, was adopted by the MPO in December, 1994 The purpose of the Pathway Plan is to plan roi' the future needs of bicyclists, pedestrians and other non* motorized travel modes. The Plan ~ a tool to guide the MPO's Bicycle/Pedestrian Program within six e~ential areas: (1) estal:~shnlent; (2) engineering; (3) education; (4) enforcement; (5) encouragement: and (6) economics. These interrelated areas address Collier County's non-motorized issues, constrains, needs and opportunities. The Pathway Plan is currently being implemented in Collier County. The Pathway Platt doctllTtef~ ~ extellt of the eMattng pathway system. Many of the major highways have Ndewa~ incorporated into their deign. It is a policy Of this plan that all future capacity improvements described in this plan shall include provisions for both bicycles and pedestrians. In addition, the Subdivision Regulations Of Collier County provide for bicycle and pedestrian facilities throughout a development. The Pathway Plan also provides for the systematic completion of an integrated system by the year 2020. It is a policy of this Plan that Collier County will annually adopt a 5 Year Pathway Work Program O that establishes pathway prioriti~. The County, to the greatest extent possible, will identify state and federal funds and provide local funds for the implementation of the 5 Year Pathway Work Program. In addition to providing bicycle and pedestrian facilities, the County will encourage their use. and promote ~ bicycle arid ~ ~ through the continued support and implementation of the Comprehensive Pathway Plan. 2. Aviation In Auoust Of 1996. by the direction of the Collier County ~}oard of (;gunty Commissioners, and under the direction of the coital, Counlv AJroolt Authc~v. Coffman Aslr¢x:iates, Inc, and Dufresne-Henry, Inc. were retained as cona4JItar~ to comalete ~e~_.e Airport Master Plans for I;h~ Imm9ka.~¢c ReRional ,A, Jrl3od. Evef~,~___ AIin,*~ and ~ ._u__-,,'¢o _~.__-fld F~._~,~__eJve AJrl:x~. These plans provide insi(3ht as to exi~Jrto faclr~ie~ and condil:Jo~ and iI~ke recotllmendations rm3ardir~ I;)otential opportunities and a. Exi~ttn. Fse, tlttlell The development of ~eol!rato nla~er ~ for Irnmokalee Re~:lional Airport, Everqlades Airpark, and Marco Island Executive Airport reoutmd the collection and evalUation of information relative to each of · Phvak~ inventories ~ de~cxiotJo~ of ~ and servic,,~ c,,urrently provided by each of thc airoods · Beckarm,md infoml~ oeftaink~ to aircraft ~ mix i~rld hisl;Qdc,.al activity levels · R,e,ional Dlan~ arid atudie~ ae¢entialN affectJtlg future sir~>ort development activity TRAN -76 art of i d on the northeast side of Immokalee. orr is via State h rk Boulevard to the___south of the air_port. Little h i i ' nsf, r of ownership in 1960 from the United States lude the aircraft runways, each il as w II. i i f cilities resentl ds within the exceeded · ' i n of the 1 I a es at the Immokalee ain available for I " I T' nd fur re economic devel~ent activity. · ~n" ur ased and dev~lier County_LQ - istance rovided by the Federal Aviation · P Ir r n ' le devel~ken__o_place since its ~ i ri ' ' u t d ou side th boundaries of Evercllades · ' ' h air rt is surrounded on three sides by i ' it n as r as f environmental concern. feet Ionq, a x nwa I' i P T lin n han ar faciliies are also available. A i il in / il I t n d which rovid s a number of services, south of Naples with the · mm in m II air car~eneral ' i i ' i ' n w s m Ite in 1976. Throuq_h_aland chan_qe for t h · i i I Ti n i i f I n and 100 feet wide a taxiwa~ · ' i ' m il rkin facilities are available adlacent · R i n lair orr Master Plax number of r 'nal idin / ircraft maintenance bas~ ' h f the xistin airfield is~ble of I r ' al aidine fleet. There is am le.p__.~_gpen lanc~ ° I1 I' . .... Florid In rnatin IAi rt as a 'i f r x n d ir r rati ns.'-~e · I n w r h in takin r in ' t or v n smaller the ~ Of ~ ¢m3duce from the airoort may be a possibility. Considerinci the large base In the Immoka~ area. soectaltv moduce opportunities could be developed for r in ornationall . climate rllav offer an irtcenlJve a~ well for future flioht trainino facilities. The weather in Flodda i~ ideal for traintlxl o¢leratk~s, The airport has the land area available on site to hah ar and terminal facilities. rovide little in the wa~ of trlcreased ooer~ions. The oerteml intent of the Evemlades Airpark Master Plan is demand- ___hesed rather than time-based. ~ means that reasonable levels of activity potential that are derived frgllt th~ foreca~in~ effort will be related to ~lanflin~ levels rather than dates in time. The demand levet~, ¢~3fllbifled with ~ ~ ~ that the AirDark will continue to serve primarily single surrmmdim~ Evemlades AJrmlrk are currently utilized by seaplanes. The waters the All13ark m'm~:Je a unkllJe oo~:~lunit~ to increase seaplane ooerations, by providing acilities. Memo Islaml F. xecuttve Alnx~t~ Accomlm3 to the Marco Island Executive Airport Master Plan, ~ ~ AJrlx~ Al~ho¢t~ ahould COlltillt~ it~ efforts on operatin¢l, the airport as an attractive, · th Ai rt Authority.continue to market and · r aircraft indicative of the visitor and nd maintain scheduled commuter service for · These in January 1998. s that should be include s to facilities that · h ' m will need to be incorporated · i r m for th~. intermediate rm milestones are · stimat within each of the air ort f n in dn n other contin.g~_Qcies that ~er season · ' ffrrn~ rco and IAi . TR~N -78 · ' rdin t b Tri- nt Senior Services which ization · ' 15 i a encies and offer home ~ and Ii ' nd economicall disadvantaged in the Count~L dl f r h ds ment of the op_g.,oulation and ' . F h r n hal is of existing mass transit Onl n verview of ro'ected mass transit I nd ma . · ' ' Y rWorkPr ram nor theMPO'~ ' ' h' i r nize th t certain State and Federal in h tate's 5 Year Work Program and the · IP or n urban mass transit s_y_stem in a County_.~ r h v rincr asin need for local fr mira leto ntin as stem. · h f r will e nd n the increase in demand ibili of o eratin an in fyi inthi ar a it is almost I Im tchw uldbe~ laces a le will become in in I more di~cult to cut back on unt rel on th ervice. i t n' stem transit i r d m e ui ment needs rt-u nd the continued o eration and f f r m r n i levels of service f ur ulation and i a h II be found consistent with the im of u Ii headn and in ut determine rt f thi elemen. t influence reas TRAN -79 · m ss transit rvi T-IW and MT-1E are : f r i n n ttrection ar a ' - ......................... I -- ---- III III ............... - .............. II!) UA/" F'UI1JR£ MASS FRANSIT klAP TRAt4SIT D£I&AND CEt,JTEES &: T~.Ar,ISll I~,$TI~Rr/ COLLJF..R COgtli,' · · 0 ~ ~ ~ is closely related to the Future Land Use £1~Irlani. ii I"~ i~ ~ ~ ~ ~ i~ de~ent o~ land ne~ssitates improvements and expansion to the tram, po~tetion system. The two elements are so closely tied, in fact, that changes or N~ftl in the land use patten~ carl (:lra~ical~ impact the performance of the roadway system. It is for this mar, on that the Courtly ~ molt land development proposals (e.g., DRI, rezone, and provislenal use requel~) to submit a Treflic Impact Statement. An analysis of the proposal's impact is prepared and subnlitted to the recommending and approving authorities. As an alternative to this pattern of demand drfving the transportation system improvements, the County has begun to explore way~ to have the roadway system guide the patterns and densities of development. The County can determine the type of roadway system it wishes to maintain at the adopted level of service and then take steps to permit the type of land uses that will be consistent with that aystem. In this way, the County will be in a better position to keep the demand for transportation services from outstripping the supply of the roadway system. The County has also recognized the importance of good site planning as it relates to a projects ingress and egrass from the major roadway system. Inadequate control of access points, median openings and signalized intersections can accelerate the deterioration of the systems overall level of service just as fast as the in.eases in traffic volumes. The Cotmty has developed and adopted policies to control the number, location and type of access points to the road network. These policies are based on the Collier Cotlnty Acc. els Management Policy (Resolution No. 92-42), and existing road and land use concretions. An access management plan map exists for each mixed-use activity center, The purpose of the access management plans is to minimize the adverse impacts to safety, capacity and operating concr~ons of the roadways, while providing adequate access to those properties. Access points on state controlled roads are sul~ to al31X'oval by the Florida Department of Transportation. 2. Marco laland Airport Impact~ The Marco Island Airport, located east of SR-951 aplxoximately 4.5 miles south of US 41 is a facility having a runway length of approximately 5,000 feet. Access to the facility is from SR-951 via Mainsail Drive. The facility currently provides only general aviation services to the southern urban area. Adjacent to the air strip is the Marco Shoras Golf Club Community consisting of a golf course and a phase one residential area of 240 condominium units. All other lands surrounding the facility are under State ownership and are environmentally sensitive. Peak season-peak hour traffic counts taken in 1988 at the intersection of Mainsail Drive at SR-951 reveal 120 vehicles using Mainsail Drive dudng the pedod of 8:00a.m. and 10:00a.m. This count would include both residential and airport generated traffic. A 1985 analysis of Marco Island Airport operation is part of the Continuing Flodda Aviation System In 1994, Marco I~land Airl:x~ had approximately 30 based aircraft with 15,000 annual general aviation opelation~. By 2005, the facility is expected to have 35 based aircraft and 21,000 annual operations. The ~ has been served by regional airlinas in the past. If commercial commuter service was ever ~ it could be expected to generate an Iclditiorlal 8,000 operations per year by 2005. The current limited tree of this plJblidy owned facility place1 no significant impact on SR-951. TRAN -83 3. Inter.~gency Coordination Cool)em'don 7 ~ ,~ ? II1 ~ C(xlnty, lhe responsibility for providillg fl'allsportation facilities rests with several different agencies. L. ong-~ planlling is the primary charge of the Naples (Collier County) Metropolitan Planning Orgml~ (MPO). The MPO is made up of local elected officials and is charged by Federal and State laws to coordinate the transportation planning activities for Collier County. The CoBer Co~ Plan11111g Department pfovtde~ ~aff ~ervices to fl3e MPO. The MPO coordinates its ~ ~ v/4h the C~y, Count. and $~ Depadmer~ of Transpodation. 'The programming and ¢onslmction activffl~ are handled by the City of Naples, Collier County, and the Florida Deparlment of Tran~pollation. Each agellc~$ construction programs are monitored by the MPO fl3 ensure Her-agency cons~en~. 4. Funding of Roadway Iml~'Ovement~ In CoBer County the ~ of addilional funding for roadway improvements has led to the ~ of ~ ~ allemativ~. 1'he County has adopted a five cent local option gas Impact feel for roedwIy ~ were i ~1 1985 and up-dated in 1992. Municipal Service Tax~g Un~l have been ulad lo ~np~e~ area spedfic projects. OI1 the State level, local ~w~ ~h the Metropolitan Planning Organization have directed th~ atter~ion to the unde~ State mad~ i~ Collier Count~. One of the MPO's roles is to ensure ~ local gOVelllnl~l~ ~ its jurisdiclJon receive equitable treatment within the FDOT District. TEAN -84 G. IMPLEMENTATION ~'TRATEGY A~ pa~ of the ~%.'"..~ ~_.~-'c'_~_-t'_--.-. g-.-'3~...3.~.- TI'~nsoortaflOn Element, the County established minimum acceptable level of service ~ndards orr the existing highway system. For most County facilities, the level of se~ico standard to be maintained is "D" as measured on a peak season peak hour basis. Several County and State fac~T~les have been given a minimum LOS "E" standard. In addition, those roads for which LOS "i:7' is to be maintained are permitted to operate at LOS "E" for a period not to exceed 2 years. The reasons for adopting a "time frame" standard were to: 1. Adopt the higheat level of ter.'tce ~lly possible and 2. To provide the practic~l methodology for implementing the standard. In genefai, it is the County's inten~m to have future roadway improvement projects "production ready" when they fall below LOS '[7'. That is, the da~ign and RO.W. acquisition steps of the road improve° merit proce~ will be ~4~:~tantlaily complete by the time a roadway improvement is needed. This Ixocedu~ th~ gives the County the two year pe~d (during which time the road operates at LOS "E") to actua~ do the constn.~ion of the improvement. Without this two year LOS "E" period, the County wouM be forced to edopt · moratorium while the construction takes place or, as the alternative, COII~AK:t the i~ while ~ road is ~ operating at an acceptable level of service. In addition to providing a cort~lJction period, the two years affords the opportunity for another facility to COl/la OI1 h ~ h8~ e ~ effect (es ~ the c8~e of a new parallel facility) on the level of service of the road ope~ at LOS 'E". In this case, no improvement to the LOS "E" road was even needed since · new road increased the corridor capacity and took some of the burden off of lhe LOS "E" roadway. On State maintained facilities, the ~ and the State have agreed to the level of service standards described in the element. It is the purpose of this section to set o~t the tlrategy for implementing the level of service standards pol'~'y of the T~'a~..3 C.~.--~---:c E~ Transportation Element. It is ~ plalYs intent to improve ell ro~ operating under unacceptable conditions within the first three years of the 5 Year CIE and State Work Program, as per Policy 1.5.3 of the Capital Improvement Element. 1. Monitoring ~K:tton 3.15 of the Land Development Code i~ also known as the Collier County Adequate Public Facilities Ordinance (APFO). It describes the annual count program done on County roads to dater, mine their arlnual aver'age daily traf~ (AAD~. It describes how the relationship between that A.A/)T and the ~egment's adopled level of ~ (LOS) standard determines the road segment's level The ctel~nt leve~ of service at which road segments are operating are reported annually in the Annual Update arm Invento~ Refx~ (AMIR). This repod indicates which segments are operating at levels of ~ worse ~ their adopted Mandard LOS. It also contains predictions of when certain segments will reach ~ of service that exceed their adopted standard LOS. Although traffic volumes are expressed as AADT, LOS calculations are done to ensure adequate levels of service during peak ~eason, peak hour traffic conditions. The APFO Include~ the definition of deficient and potentially deficient road segments, and the definition of an area of Mgniflcant influence (ASI). The APFO describes the implications to the issuance of ~ order~ within an area of significant influence that contains a deficient road segment. 2. LOS Determination And BCC Findings The current level Of ~ervice determination (for County roads) are made as soon as the previous year's traffic count data is examined and verified by the Transportation Department. The annual average da~ volumes will be calculated and the peak hour volume interpreted based upon the available data. The Transportation Department shall prepare a list of a~l roadway segments, for which a level of service Mandard has been adopted, that shows the current LOS (as determined above) m well as the adopted LOS standard found in this plan. This list is part of the AUIR. Following the preparatioll of the roadway lift, if the volume of traffic of any segments are fcund to exceed theb' adopled LOS, a report of the Department's findings concerning all of the County's roa~ wi~ be transmitted to the Board of County Commissioners. The APFO describes the consequences of a road segment operating at a LOS that exceeds its adopted LOS standard. Building permits issued prior to the action by the Board to enact a moratorium shall be held vested so long as they remain othece'ise vargl. 3. Areal Of Significant Influence The APFO descfib~ the process of deline~ng areas of significant influence. The purpose in delineating areas Of significant influence is to clearly define which areas are impacting a roadway found tO have a substandard level of service end further, are subject to moratorium. IWhile it is probably true that a specific land use in one part of the County has some potential for impacting a road fifteen miles away in another part of the County, it is more reasonable to expect that most of the significant impacts on any given roadway segment will come from the land uses located closer to it. The County will therefore develop a network of*envelopes" that surround major road segments. It should be noted that in some case~, several links (part of the network behveen hvo intersections) can be added together to foml I colltinuo~ ~eglTte~ ~ is do~e because in some cases, any impact on one link in the segment would generally affect all links in the segment. Some influence areas may be found to overlap other influence areas. This is to be expected since in many cases · given land use affects mom than one roadway. Another factor in determining the scope of an influence area will be the roadway facility type or fu~ clas~. Basically', the four typ~ of facilities are freeways/expressways, principle arterials, minor artoffl~ and colMcto~. A fifth type of roadway, local streets, are not part of the major B~ed Ul:mn I ~ function, it can be as~med that a principle arterial exerts a greater scope of service than a minor artedM or a collector. And likewise, a minor arterial exerts a greater scope than a collector. As such, the arterials will generally have a greater area of significant influence than the collectml. The APFO contains guidelines on determining the scope of the AS1 by facility type. iT he Mze arid pettem~ of the ~ areas will be developed following an examination of traffic movem~l~ Pattefl~ argl the relative ~lt~act~,~te~s of one facility versus another. It can be generally B~lmel:l ~ I~e m~jor~ of the ~ ~:~TI ~ ~ u~es would affect lhe nearest link, althou§h tWO ~ ~'~ r~r equto'i~nt fro~ ~ ~ u~e areal, an overlapping of influence areas may The Tlllrl~~ Del:~ ~ ~ ~ influence areas on a map and transmit them GOAL t: TO PLAN FOR, DEVELOP AND OPERA~ A SAFE, EFFICIENT, AND COST EFFECTIVE TRANSPORTATION SYSTEM THAT PROVIDE8 FOR BOTH THE MOTORIZED AND NON-MOTORIZED MOVEMENT OF PEOPLE AND GOODS THROUGHOUT COLLIER COUNTY. The County will maintain the major roadway lyltem (excluding State highways) at an acceptable Level of $e~,'ice by Implementing improvementl to the following roadways that have been identified as CIE 31 Bonita Beach Road W. of Vanderbtlt Drive po. cy !.t: The County vdll annually adopt an Annual Ulxllte and Inventory Report (AUIR)~ kVl~=Ovll~F4.4a~ covering a perkx:111o ~ than ~ve (5) years, which shall include those projects needed to maintain ttm network at the adogeed Leve~ of 8erv~ sta~ard. Policy t.2: The Coullty shall annually appropriate the funds in the ensuing fiscal year to accommodate those ~ of projects listed in the first year of the Annual Ulxlate and Inventory Report (AUIR). All programming decisions are based on the AUIR, and annually incorporated in the Schedule of Capital Improvements in the CIE. Policy 1.3: County arterial and collector roads shall be maintained at Level of Service "D" or better on the basis of the peak caslon peak hour traffic volume. Level of 8el'ViCe 'E" or better shall be maintained on the following designated roadways. Airport-Pulling Road Pine Ridge Road Golden Gate Parkway Golden Gate Parkway Airport. Pulling Road Santa Barbara Blvd. Goodlette-I=rank Road Pine Ridge Road Golden Gate Parkway ~rank Road US 41 Golden Gate Parkway Pine Ridge Road Airport-Pulling Road 1-75 The County has declared as 'constrained' the following segments: J~ F,;~rl To Vanderbtlt Beach Rd. Gulf'shore Or. U.S. 41 level of ~ 'O" or better shall be maintained on al other artedal and collector roads, however, any lection of road may operate at Level of Service "E' for a period not to exceed two (2) fiscal years followtn~ the determination of Level of Sen,ice "E' in order to provide the County with time to restore Level of ,Service "D" by making appropriate improvements. ~e Nao~s (~ll~r County) MPO shaft ~~ ~e.gptimum LQ$ fgr each ~ounty road seflment. ~ ~ ~ done ~ mgr,,, accurately Me~ ~ traffiC volumes that ~rres~nd to ~he different LOS · ~holds on ~untv roads, and more a~~ ~~ ~e ~kin~ ~,ar~¢t~rist cs of traffic on ~ r~L ~ fi~ ~m~ of~ · ~ ~ ~ [08 ta~l~ in th~ lran~po~ation [lement to ~ ~ ~nt ~nd~iOM On ~ m~L ~ ~ ~n,nt i, to ~in installing, as funds m~l. ~nt traffic count s~tions, to ~ M~ ~ mak.in~ ~ara~eristics of traffic on county ~dL ~ ~kd ~m~nent ~II ~ to a~ ~ Ca~I, Implements Element to implement fi~s. Policy 1.4: For the purpose of regulating development orders, Collier County has adopted the following level of lervice standards for state maintained roads: Existing Transitioning ~#ral Area Urblfllz~l Ama Urbanized Area I- 75 B C C U8- 41 C D' D 8R-84 C D D $R-051 D D' SR- 29 C - - SR- 82 C - . Imm Awlmm~-I~ef~g IW'wed (~.'11) lo ~ ~ (~Jl-~mB4) ~ I.,e ~ et SR.,B,'51 (l~,e et C~ I~oed~ ~,o,.n ~ Yo,'. ~..,· ~o .,~ It should ba noted that FDOT has different LOS standards for state roads. The Naples (Collier County) Metropolitan Planning Organization shall colMuct a study to research the implications of these different LOS Standan:~ that FDOT has established for state roads by area type. Establishing unreasonably high LOS standards in the fringe 'transitioning urban area' may require the diversion of revenues from more cortgested areas with lower levels of service standards, in order to maintain the high standards established irt the outlying areas. OBJECTIVE 2: The County will maintain the adopted Level of Service standard as provided for in Policy 1.3 by making the impmvemeflts identified on the Five (5) Year Future Traffic Circulation Map. Policy ~1: The County M~l include in its ~ Schedule of Capital Improvements in the Capital Improvement Element those projects necessary to maintain the adopted Level of Service on the road~ identified on the Five (5) Year Future Traffic Circulation Map. Policy 2.2: The County thall annually appropriate the funds necessary to implement those projects show in the annual element (first year) of the Secondary Road Program. OBJECTIVE 3: The Cou~ shall provide for the protection and acquisition of existing and future right-of-ways. Policy 3.1: The County has implemented an advanced Right-of-Way Preservation and Acquisition Program. Policy :3.2: The County ~ include§ in its annual Capital Improvement Element no less than $200,000 per year specifically earmarked for use in an advanced Right-of-Way Acquisition Program. By December 1997 a study shall be conducted to identify the long range right-of way needs of the transportation system based on buildout. Following the completion of this study, the funding set-aside may be amended to more accurately reflect the County's annual need. Policy By June 1998, Collier County's Transportatkxl Department, Office of Capital Projects Management and the Naples (Colr~er County) Metropolitan Planning Organization will develop standards, criteria and impMmentstion guidelines for right-of-way acqui~n. Provision for landscaping shall be consistent with Collier County corridor management planning policies (see Future Land Use Element Policy 4.2 arid ~ ~ Policy 7.4). The County shall acquire lufficterlt amotJnt of right-of-way to facilitate no ie~ than a cross section of (6) traffic lanes, appropriate tt~TI lanes, medians, bicycle and pedestrian feature~, drainage canals, and shoulder sufficient for pull Of~ and landscaping areas. Exceptions to the right-of-way standard may be considered when it can be demonstrated, through a traffic capacity analysis, that the maximum number of lanes at build-out will be ie~ than the standard. OBJEC'rlVE 4: The County shall provide for the safe and convenient movement of pedestrians, and..motorized~ and non-motorized vehicles through the imc,~-,~,'Ydd~:m of the Collier County Comprehensive Pathway. Policy 4.1: TRAN .~0 shall, r r ~ * t Plan b re! r nce and Mefl'opoatml Planning urgantzauon To gaauw.~ .m ~,.~,,,-,, Policy 4.~: The County Mlall provide an interconnected and continuos bicycle and pedestrian system by making the Imlxovem~l~ identified on the 2020 Palhway Facir~ies Map series. Policy 4.4: The County ~ annually adopt a 5 Year Palhway Work Program which establishes pathway priorities to revom ~ streets to accommodm t, tcyc~ .rd pedestrians. Polly 4.~: The Co~ Mlall, to the greatest extent ~, ider~ state and federal funds and provide local funds f~ the Implementation of the 5 Year Palhway Work Program. Poflcy 4,6: The County ~hafl provide for the safe movement of motorized vehicJes through implementation of its Land Dev~ Code and highway ~ ~talldatd~ ordinartces and shall incorporate both bike ~ and sidewalks in new construction and reconsfl'uction of roadways. Policy 4.7: The County shaft incorporate bike lanes in roadw'ay resurfacing projects. PMI,:y 4.8: The Co~ ~ follow the most current bicycle ami pedestrian facilities design and construction g, arKla~ developed by the Florida Depafl:meflt of Transportation. ..::__. u _- ,..'__ '_. lc ...... TRAN OBJECTIVE $: ~ Cowlty WIN coordinate the ~Tj~~:LSyste~ development process with the Fulure Lind Ule Map. Policy 6.1: The Courtly Commission will review afl I'eZ~oe requests with consideration of their impact on the overall ~jMem, ~ ~ not approve any such reque~ ~hat ~gnificantly impacts a roadway segment already ~ and/or projected to operate wtlhln one year at an unacceptable Level of Service unless Ipeciflc miUgating stipulations are approved. Policy 6.2: .81~ Impact is hereby defined as geflefalillg a volume of traffic equal to or greater than 5% of the Level of Sewice C peak hour volume of an Impacted roadway. The Courtly dtall coordinate the T~-g~c C~--~'_-=---='~-.. __.!_.--m-~._.-.'. Transoortation Element with the plans and prograt~ of the State, Region, and other Iocal.~l. Policy 6.1: ~:;~-: ....... ! ............ The '"' - "'~'"""'"' ='"""""' Tranl~gortatton Elemeflt shaft incorporate to the greatest degree ~, the long range plans of the I~ (Collier County) Metropolitan Planning OrganizaaOno The T~g.-..-' "" .,.,~.... c,.......-, Tr;~ ~ ~'mfl consider any and all applicable roadway ................. planl of Ihe CRy of Naples, Southweat ~ Regional Planning Council and Lee County. PoIK'y 6.3: The T.~g.".~ "'~"~'-~--":':~--- · E'....--m._--f'..t Trarmoolg'~'~l Eleme~ lhafl be consistent in its interface into the artedal/~ system within the City of Naple~. The T.g."..g C_'::'__'__'~----.-. c_l_.~ Tr-dnsDortaaon Bemeflt shall consider the State's adopted Five (5) Year Work Program, the Florida Transrx:xtatJorl Plan, and the State Land Development Plan. Pc)rl 7 TRAN -02 The Naplel MPO 1995 & 2010 plenl have Idefltifled a need for an interchange at 1-75 and Golden ~ PII~. An Interchange Julti6c~iOfl Repod shall be prepared by the Florida Department of T~ and submitted to the Federal ~ Administration by October 1, 1998. 'The CouIlty Ih·Il develop and adopt Italldardt for lafe arid efficient ingress and egress to adjoining pt'o~, aS well as encourage safe and convenient on-site traffic circulation, Policy 7.1: Off Augl, llt 18, 1992 the County adopted afl Acc·si Management Resolution that ensures the I:)roteclion of the arterial and ccdlector ~tstefffl capacity. Policy ?~ The CO~ ~ require the lubmillJofl of · ~ traffic impact assessment as a part of all ~ Illd ~ use ap~. Thll Itudy will anaty'ze the proposed project's impact on The County thai implement, through I~ Zoning Ordl~nce, the provision of safe and convenient on-lite ~ flow and the need for adequate parking for motorized and non-motorized vehicles as a ~ ol:~ecttve in review for Planned Urtit Developments, Site Development Plans, and other appropdato Itages of review in the land dev~ applications process. Policy 7.4: The County Ih·Il develop corridor' me~ageme~ ~ (see the Future Land Use Element) that take into c~ urban design and landscat~ measures that will promote positive development along ~ majol' arterial entrances to the urban area. Policy The Co~ler County Streetscape Master Plan approved by the Board of County Commissioners shall provide for · comprehensive plan to address the design, implementation, and maintenance standards roi' larMlcaplf~g enhancements along rna~:~' road corridors. This Plan also identifies a sequence for roadway enhancements and potential furlding Iourcel. OBJECTIVE $: The County ih·Il establish and maintain · "CorxAJrmncy Management System" for the scheduling. fund~, end timely construction of necellary road facilities. ~ '11 ' v I m r h t whi i i a ion wi~ tO ~.~.-2~-~ ~-~ i,-.-iual update of the c.-.'~--.,~'""'-"s C-~-~ Imorc'...--fnent Element fQr roads, in a manner that ,~ ,.. u,. maintenance of concurreflcv on road _ ._'~'._~. I:~l~__-.~-A tO ChauCer 163.31~10 F.$,. and in ~ with the Collier Countv Adequate Public Fi~-.--.--'--~- G,~,-,ance (Land [:)evelo~-ri~'lt C~-_-'.e_- e~.~._.,..tio~_. 3.15), development oroDosals shall b~ requir_e_d to-~'*' ,.'t ~,~c ;~i~f.,~ct anaiYsea,, the level of detail of whtch shall be determined by the total number of _ ,_.[-.-- _r~'.x flt~ oerterated by the develooment. The County ~ encourage ' ~afe and pleasant conditions for the I'esidef~, pedeMflans, bicyclists and ~ otl ll~ghborhood streets, throu(~h the implementation eNihbo r P, .... _ _ ,--,- _---.~__ ,k.- ,".-':-- r' .... "' .%~:~hbC..'h.C'C-d T.-,~-- The County ~1~..5, ~ in~.~.;.-~e the Neiahbod3~3d Ti'~'mT, Mat~a,3ement Pro, ram by reference and update as. Policy 9.2 The County ehall provide for support service, i'e~ources and staff to coordinate the Program. Policy The Courtly ~11 encourage the interconrmction of local streets between developments to facilitate the convente~ movement throughout the local road network unless such action will promote through traffic. Policy 9.4 The Courffy ehall define on a project by project basil, the acceptable amount of rerouted traffic as a ~ of a traffic management project Policy 9,6 ,The County ~mll mute through traffic to the nl~ roadways designated in the ~"~" Eleme~ ~ of the Collier Coun~ Growth Management Plan. im~ [~Ww l~emergency vehicle acce~ o~ re~pon~e time to neighborhoods. Policy g.7 Roedwayl listed in Appendix A under 'Ro~dwayl in Collier County not Considered Local Facilities" are not eligible f~ the NTMP. PMigy The County ehall employ a variety of traffic calming devices to achieve the NTMP'S objectives for a ~ 84Jch traffic calming devices shall be planned and designed in conformance with sound englneedl~ end planning practices. Policy gJ TO ~ ltm NTMP, certain procadur~ Mlall be followed in processing neighborhood traffic ~ reclu~ts in accordance ~ ~ codes and related policies and within the limits of ~ relow'c~. At a minimum, the peocecklr~ ehall Wovide evaluation of proposals by Itaff, ..... ciUzen participation in plan devMoplnent and evalu, ar.lOn, . _,. meUxx:ls of temporarily telting ~ man~.pwn? when .ne~ _~_ and communication of any test relultl lnd ~ flnd, ngs to area res,3ems devices; and al:~ropriate County Commission review. OBJECTIVE 10 The Co~ shall encourage~ !--. *~'" ;.A,.,..., ,..,,..~ ,...,,.;~.~_ safe and efficient mobility for the rural put . Pol~/10.1 The County shall develop a program to examine the maintenance and operational needs of the rural roadwa~ system. This program will addre~ the mobility needs of the rural resident to include the ~ Of roads for rural-to-urban travel, Ii~ well a~ for hurricane evacuation purposes. m~ County shall continue to imorove [,-a£,iit te~:-_-_~_- for the Transoortation Disadvanta.qed in the rura.! ,,_--_-_ u.uuu, the Community Tre~-~--~3d-~ Coom-".~ator ~CTC). Objective 11 .................................. ~ ~ Counb/shell ma;,-,~h'~ County ~'r',ed airoort facilities as attractive, efficient, safe, t~nd envtronmentalN cornoatible facilities ~ County .hall tncoroorate by refef~-,ce the Imrnokalee Reaional Airport. Ever.qlades Airpark, and_ h'larco Island Executive Airport Master Plans. ~ C~-.'.-.~-: C_-c._.,ntv Airport Auth~ ~ de',el-m,,~e the rnost cost effective and efficient means for ~T.-Z.--:.T,~,-,;;,-,~ future facility olarll outlined wtltlln the iir13ort rnas~,er Dtans. The Cotjntv Ihell encourage the efficient c_-e_ Of trar~tt services now and in th9 future.: The N~-.~---- (Collier County) Metro~:)titan Plannina Oman~__-tlon. through the Tr;nspodati0q Dt~vii-,~-_-.e---'J Proorarn shall assist the local __.cornmuntt~ tm~oortation coordinator in the ~-/mlemenl~lo~ of the mo~t e~rclent and ~ level Of ~arvlc, e oossible for the tr;nsDortation coordinate the dev~.:-_--_T,a,'R Of mW __ft~__re transit develooment plans with the Naoles ,M~ropolitan Plai~ri;r,~ ~ ~ the F~.~a Deoartment of Transportatior% i'Collter County1 Me~-o£.-;~',~in Plannina Omanization shall monitor the need and desirability transit system and will ~+ the ~,ovelooment of any transit d~velooment plan:.. The C_-c- _-'~v ~11. in recoonition that the c~___.~e~l for Du~ transit ~ervice between Bonita $orin~s in  . ' I re ment with the Cit ) i P i ' ~ ~li 'i he develo ment of 'n f n n ' in n n Ii additions. ': ~ I ~ standar fd ortransit · v ~ . r n' d v I ment lan in the Ca ital J AV ~. AV ~ AV - '1 AV-2 AV -4 12Al ? 1 (~I~AI I, T/1 DD/~IJII~C ?UC AIIO/NOI'IIUITV Cf~D A I:l 1TI lOC: .9~...7%~_ TI:~AkJ~IT CIV(~TrU A COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIKS ELEMENT SANITARY SEWER SUB-ELEMENT COLUER COUNTY OR~ MANAGEMENT PLAN PUBUC FACILITIES ELEMENT Sanitary Sewer Sub-Element I:~red for COLUER COUNTY BOARD OF COUNTY COMMISSIONERS Adopl~d October, 1997 A~.J~II=,.-~N'rS TO CO~ ~ C_-OUNTY GROWTH MANA(~EMENT PLAN pL_~a tC FACILi~ES ELEMENT .~_._~e__w Sewer Sub-EJemer¢ DATE AMENOED QRDINANCE NO~ · INDIOATES ADOP~ PORTIONS NOTE= 114E ~I. JPPORT ~ W~LL. BE UPDA~D AS CURRENT INFORMATION BECOMES TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENT.ABLE SANITARY SEWER FACILITIES AND SERVICES ii-OBJECTiVE 1.1: The County will implement the following policies to make certain that public and private sector sanitary sewer service utilities provide, repair and/or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiertcies in their respective service areas, as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector sanitary sewer service utilities will be expanded es necessary to provide for future growth. B-Policy 1.1.1: Continue the development of the Collier County Regional Sanitary Sewer System consistent with the Capital Improvements element to ~ · ' provide for future growth. Policy 1.1.2: Consistent with the urban growth pol'~es of the Future Land Use Element of this Plan, provision of central sanitary sewer sef~ce by the County is limited to the service areas shown in this Plan and to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Policy 1.1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F,S,, including any amendments thereto, the County will establish and implement a program requiring that private sector sanitary sewer service utilities establish and file W]{h the Collier I County Utilities Division an annual statement of their policy and service cdtena, including level of ~N'ViCe provided, consistent with the goals, objectives and policies of this Plan. for the expansion and/or replacement of their facilities to correct existing deficiencies and provide for future growlh ~ ~ respective sel~..e area~. Also, County Ordinance 80-112 requires and new development connecting to pdvate STP submit capacity availability information with building permit applications. aL Policy 1.1.4: Permit development of package sewage treatment plant systems only within the Designated Urban Ama of the Plan ep~ in areas where County wastewater service is not currently available, and allow ~ only on an interim bens until ~ County service is available. Allow individual septic systems wlitfln the County only when cort~ to an existing central system is not readily accessible to reftder service and note that where septic systems are allowed, and future County sewer service becomes available, said septic systems will be required to connect to the County regional system, Policy t.1.5: ~ue enforcement of ordinal'ices requiring connection of existing and new development to central ~ sewer systems when they become available. Connections to a central system shall be made pursuant to Collier County Orcr.'mnce 88-4. SS -2 12A z ~ 1.1.7~.: The Coullty will give planning and budgetary pdority to regional sanitary sewer system projects which ~ll~~ the meal'ts roi' pha~ out and collrtectJon of existing package sewage treatment plants and ~ ~ c~M*~.,~ltr~o~ of ~ ~r~, ~ ~ facilities may reasonably be expected to adv~ affect pubr~c heallh and safety or the environment. Where Community Dev~3pfl3eflt Distl'K~, Or similar special districts are established to provide a tool for develope~ to rmanca infra-~ of other purposes, wholly or partially within the Collier County Watef-,,~a~ District, ~ service will be connected to the regional system, and ali facilities shall be COllVeyed, ~ accal;:~tableLto ~ Collier County Water-Sewer Distdct for operation and ov~ership in accoll:lallce wfth Collier Courtty ~ 88-76; the Utilities Standards and Procedures Ordinance. adopted September 27, 1988 Or its latest revision, and District construction and operatin_q_L~licies. OBJECIWE 1.2: By lite ~ mandated for I~ adop6on of land development regulations pursuant to Chapter ¶~.3202,' F.S., including arty amefld~ thereto, implement procedures to ensure that at the time a ~ order is isstled, &artita~ I~ver facility capacity that meets or exceeds the minimum ~ Of ~ Standards establi~ted ~ is available or will be available to serve the ~ under the guidelill~ established fol' concurrency in the Capital Improvement Element of tt~ Plan. Policy 1.2.1: The following Level of Service (LOS) ~tandards are hereby adopted and shall be used as the basis for determinl~ the availability of fsc#ity capacity and the demand generated by a development: [Note: The County Starldard of 100 gpcd (gallons per capita per day) plus the 21% non- t'e~len~l adjustnleflt f~ ~~ In Section III is presented below as 121 gpcd (100 x 1.21 = 121) for simprct~.] LEVEL OF SERVICE FACtUTY/SF.,RVICE AREA STANDARD Cailler Courrtv Facilities No~h ~ Service Area Central Sewer Service Area South Sewer Sen/ice Area Man:~ Sew~ SaUce Area 121 gpcd 121 gpcd 121 gpcd 121 gpcd ~ of Na~ Fa~llltlel Unlnm~3x~a~d Service Area 121 gpcd City Faciliti~ u~ Servia Area 121 gpcd ~ Dtstr~,~~ Sector Systems The ~ll~lards hereby adopted am the following ~vage flow design s~ndards~ (~ur~: Chapter 1~, ~a Administ~ ~) ~ ~Se ap~ by ~e Board of Couo~ ~TwT~:~e~ ~ address ~~. ~el 8~ ~ns~O~ meffi~ vada~.gns ~een indi~dual SS -3 GALLONS PER DAY {GPD) Per passenger acid per employee Bowing ~ (to~t wastes oray per lane) Ooun~ Oub a. per re~l~nt ~ ~. per member pre~nl c. per employee Deo~ Offlms a. per wet chair b. per non-wet chair Doca:xl Off*~.,es (per docto0 Flclmtes, exclusive of industrtal wastes per person per shift) a. no showers provided b. showers provided Food Service OperationI a. ordinary restaumm (I)er Nm) b. 24 hour restaurant (per a~at) c. single service artldel only (per person) d. bar ar~ cock~l ~ ~ ~) e. ddve-k~ restmza~ (per car R3~:~) HOllll and Motets a. Regular (per room) b. Reeoct hollls, C:IITI~, COItag~ ~ ~) c. add foe eslablIs~llefl~ will1 self ~ laundry facilities (per machine) SlY, ce Smtonl (per bay) ~ping Centers ~ food or laundry (1:~' square 5 20 100 100 100 25 20 2OO 5O 250 20 35 5O 75 25 30 5O 5O 2O 100 75 400 20 5O0 0.1 (without food service) a. private toilets, fo( employees only (per employee) toilets (per squm~ foot of froot space) OA b. put)r,: a. Indoor. auditoduml (per seat) b. Outdoor. ddve-lns Loerspace) Trai~~ Home Park Com' tmaer q~ace) Travel Tmik~/Recmaltor~ VMllcle Park a. Travel trailer (ovlmlght), wi'dlout water and ~ewer hook-up (Im' Uakr sPaCe) b. add for water' arid lewer hook-up (per trailer Ipace) Swimming and bathing facaitles (per person) 12Al Churches (per seat) Numing, rest homes (per public pk:nk: a. with toilets only Lc~ pemon) b. with bathhouse,lllowefl arid toilets (per person) Public institutions other than ~hoot~ and hospitals Schoo~ a. day type b. add for showers c. add for cafeteria d. add for day ~ wo~ker~ e. Ix)aiding type Wodm'Constn.~on camps ~all.gem~'lem (per worker) b. c. Mobile home not in a tmkf' Park (Per bedroom) d. C)mer (per om4m~ GALLONS PER DAY {GPD) 20 5 10 2OO 50 lO0 10 3 200 100 5 10 100 15 5 5 15 75 50 150 150 150 75 12A1 1. For food lervtce operltiorl$, kitchen wa~l~r ~ shall normally be calculated as sixty-six percent (66%) of ~ total establllhme~ waltewater flow. e Systems serving high volume estab~tshme~, such as fast food reslaurants and ~ stations located near interstate type highways, require special sizing consideratk:xls due to above II1 order to ~ ~ LO8 ~atx:lal'ds ~ maintained, methodologies for determining available ~ arid dtmarld Ihll iflcofpofl~ appropriate peak demand coefficients for each facility and for Policy 1.2.3: Thlle LOS standards am ~ minimum criteria for replacement, expansion or increase in capacity of Policy 1.2.4: ~ rlvtew hiltodc~ ~ leWer demand records and adjust trlese LOS standards if so oNectfv, 1.3: ~ .l'._~._'_"Zy !, I--~0, ~ ~ Wi!! 'J~.-'~.-'~ ~nd :-..'?~r.-.~m..-~r'..t: ~..-,mpre~strmegy continue to ~ utilization of eflVitorlme~ sound and economically beneficial methods for disposal of trllted sludge and septlge. Policy 1.3.1: Include sludge de-watering ll~ facilities with all County wastewater treatment plasnts to prOdOCl Iludgt de-wltor~ ~ to I dlgrle suitable for use as cover matedal for County ~ 91' to be u~ad for ~ ~u~*'-h!e manner that is Den'nttted by !aw, O~cCllVE 1,4: ~.__.,, .... '% . .... The County will ~ue to promote the use of treated wastewater effluent for k'dglt}Oll purpolel ill ~ to pto*,4dl ltl lflvirorlmefltally sound disposal method and to conserve water arid groundwat~ ~ by developil~ and implementing an integrated, comprehensive strateg~ for the following Policies. I~lcy 1.4.1: NlgOllltl agrlerrmt~ with mi1 golf coumes to accept and use treated wastewater effluent for ~ wh~ arid where lame is available from existing and future wastewater plants. ~ 1.4.2: ~ Connect existing lm:l futura publidy owned lands suitable for irrigation with t.r. eated ~ ....... ' ~~ lUCh Il aevlmmt~ building grounds, perks, and highway medians, aoe , . .___,-.~..~ - , .... ..----,-...,--, ' om.~l, .-- - -~_- &-~ 11 _i.£~._-.:._M ~ Wml ,al. ,,1 _--_-_- ~ exl~ ~ R,,ttlre pflvately owned land suitable for irrigation with treated wastewater ~ a~ cefftet~t~, ~s arid cotllme~al/industdal parks, a~~ate thec.,em,~o ' . when economically feasible and in with ~ d~ ~ DOliCY of the l~ard of (~ounty Commissioners. #-Policy 1.4.4: At such lime = ~' ~ _~'.__~J'5~,~_'~_ that effluent ~h~*~~ will be available. ,,tm _--__- _--~_-, ~ - _..~_~,r.,,~ _ _-~_,,,~. ~ .~.,,,~ ,u.,~... o%.,.,.,,~ permit the construction and connection of dual watel' systems to file cou/~$ efflu¢~ system (i.e., separate potable water and treated wastewater effluent) in new subclivtslo~, p¢ovided that said connection causes no adverse impact ,to,, #-.Policy 14.5: Whe~ Community Development Districts, or other similar special districts are established to provide a tOOl for developers to fillance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer Distri~ and where such districts make provisions for irrigation via dual systems ~ efflueflt a~ld/or ~ ~ source, ~LS..YA[~.~ shall be connected to the regional ~ystenl when ~1~1:~, ~.-~ ~-'- '---' '"~-'"'"-' "-"-" ~" ~..;~'-- !c *~s Cc~!!sr Cc'..."~'...: ~,u..,.,, c ...... D'4-':?.~ ~: -,- ....... ~---~ --~":~ ;.--- · ........................ - ~_____~_~,, ~ ,,,,,....,.,.~.,,.~ ,,~_-.~.-_,,~,.- __~.~_~.,~.~ ~_..-p*,-.-,,~.-- '~";, !9n.8 and all internal irriqation systems ~ remain in ornate ~io and master metered by the County. ~ 1.5: The County will discourage urban sprawl and the proliferation of private sector sanitary sewer se~ce ~' ..,..l~::llle~ in art effort to ~ the use of existirtg public facilities through the development order #-Pc~'y 1.5.1: Discourage ~ sprawl by pef/Tlitting ~ sanitary sewer systems only in the Designated Urt)an .4d~a Cd I~ Futixe Land Use Elemellt of this Plan, and in areas where the County has legal "?" corne'/tlme~ to provide faciti~ and f~icdce outside the Urban Area as of the date of adoption of this ,L.Poffcy 1.5.2: The County will discourage urban sprawl and the proliferation of pnvate sector and/or package ~nital7 ~,#er tre~oTtetlt ~jstellls through the development order approval process to insure ~ ulilizatio~l of the exi~itlg and ~ public facilities. No existing pdvate sector or package ~ system will be permitted to edd customers unless all Levels of Service Standards are met. end opereUofls are in conformance with afl DER permits. Z SOUTH SEWER SERVICE A,,_~,- SANITARY SEWER FACIL;TIF_S Colii~r' Co,~n t IF. I I , SS - 3.7 SANITARY SE~R FACILITIES OC~U~TY Oqm(:D/C/'1:]~:~ C:Z3.LtCTCN C.R, 92 oO o lu'. 901 910 911 ~'12 913 914 915 916 917 918 919 92O TN~!LE SS-!8 C91 t~R COUNTY ~ARY SEWER FACILITIES FY88/89 - FY94/95 (See Map SS-34 for Project Locations) 2.0 MC~ Expansion (to 4.5 MGD) of North County Regional Wastewater Treatment Facility & Efflueflt Distribution System Completed East and South Naples Sanita~ Sewer Collection System Completed Ut,~es ~ ~ Deleted 8' Sewa{W Transmtsalcm Main- CR-951 - from Pum~ Station No. 3.15 to Pump Station No. 3.20 Under C~t~n,~;~n, combated ~ Roads 12' Sewage Transmission Main - CR-951 - from Pump Station No. 3.19 to Pump Station No. 3.20 No Plans due to lack of Growth 10' Sewage Transmission Main - Davis Blvd. - from Pump Station No. 11 to Santa Barbara Blvd. Complet~l South County Regtonal Master Pump Station No. 3.11 Deleted 10' E~wage Trartsmtssion Main- Davis Blvd.- from Pump Station No. 3.14 to Pump Stain No. 3.11 Completed South County Regional Master Pump Station No. 3.14 Design Completed, Construction on Hold 20' Sewage Tran~mission Main - US 41 - from Pump Station No. 3.18 to Pump Station No. 3.01 Complel~,d Soultt County Regional Masl~ Pump Station No. 3.18 Completed 8.0 MGD ExpanNort (to 12.0) of South County Regional Wastewater Treatment Facility Delayed, expansion to 16 MGD presently being addressed. 4.5 MGD Expansion (to 7.5 MGD) of North County Regional Wastewater Treatment F~'e/ Comp~,~d 20' Sewage Transm~slon Main - Rattle~,nake Hammock Road - from Pump Stalion No. 3.20 to Pump Slation No. 3.02 Completed Soulh County Regional Master Pump Station Ho. 3.20 Orr Hold SoulhCourayRegimaiMast~PumpS~ ~;o. 3.16 Compt~t,,d SS .73 Continued C0~_~_ ~11~ C(~NTY ~ANITARY SEWER FACILITIES FYSSla9 - FY94195 (See Map SS-34 for Project Locations) I OJECl' 12' Sewage Trartsmts~ Main - CR-951 - from Pump Station No. 3.16 to Pump Station No. Telemeb'7 Systat1 f~ North County Regional Pump Stations Deleted as CtE Project Nutllbefs c.o~spond to those presented in the Capital Improvement Element of this Comprehensive Plan 2. MGD is mtllkm ~ per day 3. Additiorta[ ClE'$ added to the Update artd Amendments of the Capital Improvement Element have been completed and are shown on Map SS-34. Fillally, artd perhaps most importantly, the Courtty must continue and expand e~forts for conservation of potable wate~ stipplies by irlcreasirtg the use of treated wastewater effluent, or reclaimed water, for [ITiga~ USe. The ~ has ~ made significant inroads in this regard by negotiating agreements wi~ ama golf courses fro' the use of wastewater effluent for irrigation needs. This program needs to be continued and expanded to promote effluent use wherever suitable. Further, the County needs to develop afl effective public Information program promoting these efforts. The above discussed re~ol/~ll~~s are the basis of the Goals, Objectives and Policies presented in tJle following section. SS -74 ~ SSo~4 Collier County Sanitary Sewer Facilities tal Improvements FY88/89 - FY94/95 I W ASTL'WATB3~ 'l~Sl41~lOl'l AHD M, ASTER PUUP EFATIONS Amended f'Joy 19, 1992 ORDINANCE NO. AN ORDINANCE AMENDING THE PUBLIC FACILITIES EL.EMENT/SAJqlTARY SEWER SUB-ELEMENT OF ORDINANCE NUMBER 80-05. AS AMENOED. THE COLLIER COUNTY GROW'TH MANAGEMENT P1.AN. FOR THE UNINCORPORATED AREA OF COU. IER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FACiUTI~ITARY SEWER SUB-ELEMENT; 8Y PROVIDING FOR :SEVERABle; AND BY PROVIDING AN EFFECTIVE DATE. .$ 6 ? $ !0 II WHEREAS. ~ 8oard DJ' County ~m adopted ~ Co~l~r Count, ~. ~ ~ ~ ~ ~ ~an~ m ~e f~ a~ e~r~ ~ ~ ~ 1~97 ~ ~~ ~s; a~ ~.~~~~Aff~ d~a~ ~ke~en~sto ~~. ~ ~ ~S 1~ ~ ff~ ~¢ ~ the ~,en o~s F~ ~~ ~R ~E~nt ~nm to the Grin ~. a~ ~ ~ a~ p~al r~u~re~nt~ ~ law ~ve ~n ~t; ~. ~F~E. BE ~ ORDAINED BY ~E ~ARD OF COUN~ COMMISSIONERS ~ ~. ~ORID~ ~ ~ ~ ~ ~ME~S TO ~E ~BLIC FACILITIES ~~~ ~R SU~ELEME~ OF THE GRO~H ~~M~ ~, s~l ~ k~ as ~ 1~7 Pubic Faoli~s ~~ ~ ~~ ~~ ~ ~e Or~ ~~nt Plan f~ } If ~ ~ O~ po~lton of Ibis Ordinance ~ held invalid ~ unconstitutional by any court of 4 C~ j~. ~ ~ ~ be deemed a ~3a~-ate. distinct and independent f ~ ~ ~ ~ ~ rtot affect ~ validity of the remainir',(j po~!.ion. 6 ~ EFFECTIVE DATE. 1 ~ effective date of thts Atnendme~ to the Public FacYitles Element/SANITARY SEWER I ~ ~ be ~le date a fi~lai order is issued by the Deparlrnent of Community Affairs or 10 183.3184. ~ whichever occum eadler. No devek3~:~nent ~ders. development ! I 13etml~. ~ land ~ d~ o~t ~ Element ma~ be issued o~ commence before it has 12 ~ effecll~e, if a fi~lal order of noncomS[ante is issued by the Administr atk~n Commiss~°n, 13 ~ ~ may rteveflhe~ be made effecth'e by ~doc)tion of a Resc~ution affin'ning its 14 ~ ~ a ~ O{r which ~ shall be sent to the Depa~lment of Community Affairs. 15 ~uma~l ~ ~ P~flning. 255~ Shuma~d Oaks Blvd.. 3'~ Fio(x, Tallahassee. Florida 32399-2100. 16 PASSED AND DULY ADOPTED by ttte Boa~ of County Commissioners ol Co, ier County I1 Il 19 2O 21 Z6 APPROVED AS TO FORM ANO BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: TIMOTHY L, HANCOCK CHAIRMAN 19~7 Pul=~ F.,c~I~ E~'ws,~rrA.qY SEWER S~-£Wr,.~ 2 ,12~1 COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITI~ ELEMENT POTABLE WATFA~ SUB-ELECT 1 ! 6 ? 9 10 14 16 l? jt 19 20 2,4 26 41 ORDINANCE NO, 97-~ AN ORD~ AMENDING THE PUBLIC FACILmES ELEMENT/POTABLE WATER SUB-ELEMENT OF ORDINANCE NUMBER 89-05. A~ AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. FOR THE UNINCORPORATED AREA OF COUJER COUNTY. FLORIDA; BY AMENOING THE PUBLIC FACIU31ES/POTABLE WATER SUB-ELEMENT; BY PROVIDING FOR SEVF. RABILrrY; ANO BY PROVIOING AN EFFECTIVE DATE. WHERrr. A,S, It~ Boacd of County OocnmrSSioners adopted the Collier Counb/Growth Manog~n~3t Ptaa on January 10, 1989; and WHEREAS, Collier County has held public heanngs to provide fc~ and encourage p~Jb4~c parlldl3a~ Ihtougtx~ Itm 1~96-97 I:~an amendment process; and WHEREA~, ~ ~ did sul3mit the 19cJ6-97 Grow'J3 Management Plan An'~ef~dments IO~1~ D~ of Co~ Affairs for p~eliminary re,aew on Apnl 29. 1997; and VVHER~=A~, ~ Del~rtrnent of Con'~nu~ Affairs did re¥~e,'w ar~ make written obj~::ticx3s to Pubic Fa~cilili~ ~olable Water Sub-Element Amendment~ to the Growth Management Plan and ~ ~e ~.ame in ~ to Colper County within t~ time provided by law: and WHER;EA~0 C441er Co~ has 120 days frown receipt of the written objections from 13~laflme~ o~ Cotllmul~ Affalr~ to adopt, adopl with C:t~flge$ ~ not adopt the proposed Pubtic F~l~lll~ E~lm~3t/Po~al3M Water Sub-EMinent Amet~ments to the Growth Management Plan; and WHEREA~, ~ Board of ~ Commissionem of Colli~ Count/did take action in the ~ pe~,ct~3ed by lew ~ld did hold public hearm.g$ concem~ngj the ado~bon of the Put, lc FICiI#M~ Elemeflt~o(al3~ Water Sub-Element Amendments to the Growlh Management Plan Octob~ , 1997; and WHE~E.A~0 ~11 a~b~ sub~tantJv~ and i:xocedural reclulrernents of law have been met; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COCLIER COUNTY, FLORIDA. that: ~ ADOPTION OF AMENDMENTS TO THE PUBLIC FACILITIES ELEMENT/POTABLE WATER SUB--ELEMENT OF THE GROWTH MANAGEMENT PLAN. Wa~' S~:H~ment ~t~ to tt~e C.,mw~ Management P~an [o~ Cc6e~ ~. ~. The COJI~ Courtly Gn:mlh Management Plan Public FaOMies Ekm-~enVPo~ Warm' Sub-E~ , 12Al ' ) If ~ I:~ Ot' ~ OJ' this Ordinance ~s hetd invalid ~' unconsbtut~onal by any court of 4 COITtpe~ jul'tJd~, such por~ shall be deemed a separate, distinct and ~ndeoendent $ ~ ~ ~ I~ ~ ~ aff~ ~ val~l~'y Of ~ r~r'n,~'~'~J e ~ F. FFECTtVE DATE. ~ The e~'ec~v~ ~ ~ IN~ Amendment to the Public FaoIMms ElemenUPotab~e Water Sub- $ ~ ~ be ~ ~ · ~ o~der {~ issued by U~e I~t of Communrty Affair~ o~ *1 Admkll~l~ln ~ t~ the Element m con'~)iian(~ in a<:cxxdance with Section ie 1~3.3184, J~ ~ --'~:~--'~ earlier. No devek)pment on:~. 13 ~ ~ ma~ ~ be n'~de effective by a,~DOUOn of a Res~utJon atrm'nmg ~, 14 eff~ $S~lt~, a ~ ~ vH3k:~ Re~dutlon $1~311 be ~ent to UDe Ceparl~nent of Community Afla,~. ~ ~ ~ Pl,m~3g, 2555 Shuman:l Oal~s Blvd., 3'~ Fkxx, Tallahassee. Florida 32399-2100. I& PA~,~ED AND DULY ADOFFFED by the Boa~cI of Cc~Jnty Co~nn~ss~,ners of Cotiier County 17 clay of ~, OVW3MT E. BROCK, ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: TIMOTHY L. HANCOCK CHAIRMAN ~ A~, TO FORM ANO LEGAL ~"~~ M. s'rUOENT ]1 A~SI~I'ANT ~ ATTORNEY 3} 1 ~7 pUI:~I~ FICilItll E}lml~ll/Polaelie W~ll' Sub'E~em'ant COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Potable Water Sub-Element Prepared for COLMER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 Ai~i~S TO CO~!r=_R COUNTY GROWTH MANA(~EMENT PLAN ?~ BUC FACILITIES ELEMENT ~;~able Water Sub-Element DATE AMENDED ORDINANCE NO. *INOtCATES ADOPTED POR~ NOTE= THE SUPPORT DOCUMENT WlM. BE UPDATED AS CURRENT }NFORMATION BECOMES AVAILABLE. GOAL 1: GOALS. OBJECTIVES AND POLICIES_ 12A1 TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES. ~ 1.1: The County will locate and develop potable water supply sources to meet the needs of the County owrted erKI operated systems for the five (5) end ten (10) year planning time frames of this Plan. said ~ SOtJl'Oas meetillg the mirtimum Level of Service Standards established by this Plan. Pm'icy 1.1.1: wate~..G~8~ee~e ' A~R A uifer tora e and Recove s stem stud Policy 1.1.2: ~ ~ implement a program for the protection of existing and pots~ ix~bie water s~y sources. ~. · he un's estimated 10 ye_ar ~h related_ #-OBJECTIVE 1.2: The Coixlty ~ ~ the following jx)li4~s to make certain that public and private sector potable water ~ ~ provide, i'~NI~ atx:l/ol' replace potable water supply, treatment and distribution facilitJ~ tO ~ ex;Jstlrtg def'lcieflc:~ in thei: respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addi[ion, public sector potable water ~ utilities will be expanded as necessary to provide for future growth. ~ 1.2.1: C.,ofltlllue ~ de~tX~'llent of a ~ County Regkx'tal Potable Water System consistent with the Capital Improver~nt Elam~ ~lnd Water Master Plan UDdat_e to correct existing deficiencies and provide for future growth. policy 1.2.2: Corts~tent with the urban growth policies of the Future Land Use Element of this Plan, provision of Ceflflll potable water set,vice by the County is limited to the service areas shown in this Plan and to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. ~ 1.2.3: By ~ time mandated fox' the adoption of land development regulations pursuant to Chapter ~ ~4CtO~ potable ~ ~ utilities, establish and file with the County a statement of their policy artd crttefta, ~ with the goals, ol::~K:tJveS and policies of this Plan for the expansion, ll~Cetllet~ and/or repair of their facilities to correct existing deficiencies and provide for future #-Policy 1.2.4: Pen'nit de~ of potable wat~ supply systems or individual potable water supply wells within the County only on an interim basis when connection to an existing central system is not readily ~ to refldef sel~ce and require coralection to the County Regional System when available. Policy 1.2.$: ~ erffomement of ordinances requiring connection of existing and new development to central potable water syst~ whe~ th~ become available. Connections to a central system shall be made #-Policy 1.2.6: ~ ~ Dev~:~:xne~ District, or other similar spedal districts are established to provide a to~ fOr ~ tO ~ ;~-~;i-aStrtK;ttJ~ or other purposes, wholly or partJal~y within the Collier Cotzlty W~ter-Sew~ ~ water ~vlce shall be connected to the regional system, and internal faCtltl~ ~ be collveyed, whel~ _acce__otab!e. to the Collier County Water-Sewer Distdct for operation arKI owrler~ip in accordartce with Collier County Ordinance 88-76, the Utilities Standards and Procedures Ordinance, adopted September 27. 1988 or its latest revision, and District construction OBJE~ 1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amefldmenta thereto, implement procedures to ensure that at the time a ofxne t order potab water capadty that meets or exceeds the minimum Level Of Servel Starldard~ establt~led herein is available or w~ll be available to serve the development under the guidelines established for concu~ in the Capital Improvement Element of this Plan. Peli~y 1.3.1: The ~ Level of Service Starldards ~ hereby adopted and shall ~ used as the basis for ~ ~ ~~ ~ f~ ~ ~ ~ d~nd ge~mt~ by a development: ;-~ ........... 2_ ~ ....... ~ ....... R~' ~ ~ ~ 1~9 ~t~ ~ LOS s~ndard f0c f~ished wa~er should be increased W 1~ ~. R~/~' ~ ~ ~ ~ ~ ~~I ~ ~residen~ial ~emand indicted that ~ 17~ ~ ~ ~ ~ U~ ~ ~S~l. ~us ~e [gsidential demand is 1 ~4 ~ W~,er DISlz~ LEVEL OF SERVICE STANDARD ~ 185gpcd 200 gpcd 163 gpcd 163 gpcd EVERGIJM3~=~ CITY FAClLmES tJ~~~ 163 gpcd · ~ DIST~ATE SECTOR SYSTEMS The ~tandard ~ adopted is Itte followirtg 'sewage* flow design standards, ,unless otherwise aOOll:Wed b~ ~ Boa~ of C, ount~ Comm~~ to address economic, social and construction ~ (Source: Chapter 10D-6, Flodda Administrative Code) GALLONS PER DAY (GPD) ~:~ a. per pa~.~ger 5 b. add pe~ employee 20 Barber and Beauty Shops (per chair) 1 oo Bowrmg Aliey~ (toilet wastes only per lane) 100 a. per reNdent member 100 b. per member p~eftt 25 c. i:~' ~mploy~ 20 a. pe¢ w~t chair 200 b. per non-wet chair 50 25O Fecllxte~, e~cluN, ve of industrial wastes (gallo~ per person per Ih~) a. no ~lowem ixovided 20 b. ~x~ers ~ 35 5O 2O 5 a. Regular (pe~ room) b. Resod Hotele, Camps, Cottages (per person) c. add for establt~3men~ with self service laundry Of~ Butkrlng (per employee per 8 hour shift) Sen~e ~ations (per water closet end per urinal) GALLONS PEP. 150 75 400 20 250 Shopping Centers wflhout food or laundry (per square foot of floor space) Stadiums, Race Tmc~, Bali Parks (per seat) per m:lUam foot of floor space and Bathing Facilities, public (per person) Theatr~ a. indoor, Auditodum~ (per seat) b. Outdoor, Drive-ins (per space) Trailer/Mobile Home Park (per trailer space) 0.1 5 0.1 10 5 10 200 Trm~ Trailer/Rea'eattc~al Vehicle Park a. Trav~ Trager (oven~), without wat~ and sewer b. Travel Trailer (~), wtth water and sewer hook-ups (per trailer space). Ho~ ~ bed) (does not induda kitchen wastewater now ) Nurling, Rest Homes ~ bed) (does not include kitchen wa~lewater flows) b. with balhhouse, showem and toilets (per person) Ptlblk3 ~ olher ~ Sdlools & HOspitals (per person) b. add for ~'K~wers Wod~,.,oe~ion ~ ~en~t (per worker) PW-4 75 100 3 20O 100 5 10 100 15 5 5 15 75 50 Single or multi~ famUy ~ dw~g u~) 1 bedroom and 000 square feet or tess heated or and 601 - 1000 scitJam feet heated or cooled area 3 bedrooms and 1001 - 2000 square feet heated or cooled area 4 or mom bedrooms and more than 2000 square feet GALLONS PFR DAY (GPD) 150 3OO 45O 6O0 75 b. Omer (per occupant) FOOTNOTES: 1. For food 141trice opera, kJtcherl ~r ~ shall no.ally ~ ~l~lated as siC-six ~ (~%) ~ ~ ~ e~ ~ter fl~. 2. ~ ~ h~ ~ e~~, I~ as fast f~ res~urants and se~ stations ~ ~ i~ ~ h~, ~uim ~1 s~ng ~nsidem~ons due to a~ve ~ ~ ~ e~ ~ ms~ fadli~es. Pc~.~ ~.3.2: Ir1 ord.' to ensure l~ese Level of Sen/ice Standards are maintained, methodologies for determining ~ capacity arid demand shall incorporate appropriate peak demand coefficients for each Poli~ 1.3.3: The~ L.ev~ of :Service Starxlards are the minimum cflteda for replacement, expansion or increase in Poll~ 1.3.4: Annually review hl~xlcal potable water demand records and adjust these Level of Se~ce Standards ~OBJECflVE 1.4: '~, "'-~ I~_, ~...a~2-,4he The County will continue to promote conservation of potable water supplies by ~ ~ ~ act integf'ated, comprehensive conservation strategy which will identify Policy 1,4.1: Negolla~ lgllemer~ wilh ama golf courses to accept and use treated wastewater effluent for I1~ when lad whe~/ama is availal:fle from existing and future wastewater treatment plants. ~ to corlflect existing3 ~ existing and future publicly owned land3 suitable for imgation ,~:,.,. .... ~ l]lllted Wlltewlt~ ~ luch as government building grounds, parks, and highway medians, Vfflen eoonOflllcallv feasible. ----~- ~.-- 4+"'"' "'"' "'+' '-- .u...~,z.~,_~_~,.~..,...~ .... ,~..-.,... :~ Policy 1.4.4: Pursuant to ~ law (Chaptm' 91-68, Laws of Florida), by November 1, 1992, adopt a resolution ~ the use of xedscape technio,~ (drought resistant landscaping) to minimize potable water develop a pubr~, water conservation program for redudng potable it-Policy 1,4.6: ..... ,: .... ~u ~ is available. At such time agR ~- ----"~'""'"'" ~ ~ effluent ~ L .'~.~=~-':~., --,-,- ........... ..... r .... '~--7 ms to the un s effluent transmission ~ · wa~--sy~e,m~ (i.e.. separate potabM watet' and ~ wastewater effluent) in new subdivisions when the construction and/9,r ' I i a the tablewat rs ste~ ~ ' e f asibil' of usin treated effluent to create a · ' f iru ion in_._~tP~~- cu____Lre__c~t and future ~_~ 1.5: The County will di~:outage urb~ sprawl lind the proliferation of private sector potable water service ~ in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. lt.-Policy 1.~.t: Dt~our~e ufoan sprawl by permiffing central potable w~ter systems only in the D~signated Urbnn Ama of the Futura Land Use FJement of this Plan, and in areas where the County has legal ~ tO I:govlde factlttl~ and service outside the Urban Area as of the date of adoption of this Plan. The ~ ~11 discourage urban six'awl and the i:xolifemtio~ of private sector and/or package pOMIble ~ ~ ~ ~ ~ dev~~ order approval process to insure maximum ~ of Ihe ~ al3d plalltted ~ facilities. No existing pdv-ate sector or potable water ~ ~ WIB be ~ tO IKld ~rs unless all Levels of Service Sbandards are met. D~SI'R~C'TS - BO C:Oi' t"' Cour, t.r. ~'1o,. ¢c I I I I I I I OId~ Florida Golf Course I I I I I I $1CKM~ ~ulCS COLLICR (¢~) 12 IdCC) TIIr.~ ft,lOm ! P'L~d ! 12 UCO (~1.7 uCC) kd;.X. 0,'~ pq,.~d y -, T~d E, Id~'; *J4D 2 fdG r,J.~$ (~ ~ m~qJdP ¢~I. JTY .il COLLIER COUNTY GROWTH MANAGEMENT PIAN PUBLIC FACIIATIES ELEMENT POTABLE WATER SUB-ELECT I0 OI~INAN~£ NO. ~?.~ AN OR~ AM£NDIN~ TNE PUBLIC FACILITIES EU~OTABI.£ WATER SUI~I~NENT OF ORDINANC~ ~ ~-0~, A,~ AN£ND~D, TME CO/I. IFR COUNTY GROWTH ~ ~LAN, FOR TME UNINCOPj~ORATED A~EA OF COM.JER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FAC~TABLE WATER SUB-ELEMENT; BY PROVlOING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. I I WHEREAS, ~ Board of County Comrmssioners adopted the Collier Counb/Growth I! Mat3ageme~ ~,a,3 on Jamjar~ 10, 1989; and 13 WHERe, Co~ Courlty ha~ held public heanngs to provide for and encourage public 14 ~ ~ ~ 19~-97 plan amendment process; and Il WHEREA~, ~ County did submit the 19<:J~.g7 G~'owt~ Management Ptan ~ments 16 to01eD~31f~TlentofCc~nmunityA/T~ for Preliminary review on April 29, 1997; and I? WI'II~:~.,A~. ll~ P~! of Cofnf'r'~nmy Affairs did revhswe, and make w~tten ob~"1.ions to II ~ Facll~ EJemeflf/Polab~ WBlef Sub-Element AmendrnenL~ Io the Growth Managemen~ le Ptan and traflaa~ted ~ ~ in writing to Coiper County within the time p~'o~ided by taw; and 20 WH~, ~ ~ ~s 120 days from rec~pt of the wntlen oblections from 21 Depatlm~ll o~ Commlal~ A/~a¥1 Io adoS, adopt with c~s (x* no! adopt the proposed Public 22 FaCl~l~ ~ Waler Sub-Element Amendments lo the Growth Managemen! Ptan; and 24 ~ I:)tltSCl'tt)ed by I~w ~ did hold pt,fotlc hearings co~",cem~ the adoot~:x3 of the 25 F~/I~I E~(xable W~et Sub-Element Amendments Io the Growth Management Plan on Octol>er . 1997; and 2? WH~0 ,MI al3~ble substantive and l::h'ocedural requirements of law have been met; NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COUJER COUNTY, FLORIDA, that: ~ ADOPTION OF AMENDMENTS TO THE PUBLIC FACILITIES ~/POTABLE WATER SUB-ELEMENT OF THE GROW'TH .t? ~ Courtly GtOwlll Man~geme~ Plan Public FaoMies Elemen~q~:~3t:4e Water Sub-E~ 41 ! 2 4 6 I lO 14 I? 2! 12A1 ' If arly phra~.e or podJon o1' Ibis Ordinance ~s held invalid ~ unconst~ut,~nal by any court of Cl~~. ~ porlion shall be deemed a separate, distinct and independent I::movtMon and suctt hclldtng ~ not affect U',,e validity of the r~mmnm9 potion. ~ EFFECTR/E DATE. The ~ d~e Of~ A, rnendment to the Pu~ic Fa<::iii~e~ ElemenVPota~e Water Sub-. Eiemem ~ml be ~ da~ · ~ ord~ I~ issued by t~e DeparVDent of Commun~y Affai~ ~ 1~3.31~4, ~ wNct~ OCCur~ ~. No devek:~3ment on:~e~, de',,ek:~Dn'..~l IN~ amendme~ may neve~het~ be made effective by ad(NDaon ora R~ aff. Ymng ~ effe<::~ve ~tatu~, a cogy et' which ~ s~all be ~nt to the Cepartmem of Con~n{ty Afla,~. ~'~mu Oi' LOC~ ID$mlnir~. 2~ Shuman:l Oaks Blvd., 3"' Fk:~. Tallahassee. Florida 32399--2100. PASSED AND DULY ADOPTED Dy D",e BoarU o~ County C.o.',-r~.~D~er~ ol CotiieF Counh' day d ~. 1~7. ATTEST: 0WlOHT E. ~ ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: APIaROVED A3, TO FORM ANO LEGAL SUFFICJENG~: .~~IE M. STUDENT ]1 ,I~,,~ISTANT COUNTY ATTORNEY ]2 .16 1 g97 Pue~ Fec:Jll~ ~olat~ warm. Sub-lgemenl TIMOTHY L. HANCOCK CHAIRMAN ' COLUER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACIUTIES ELEMENT Potable Water Sub-Element Prepared for COLMER COUNTY BOARD OF COUNTY COMMISSIONERS Adol~ed October, 1997 AMENDES TO CO_U__!ER COUNTY GROWTH MANA(~EMENT P,LAN PUBUC FACILITIES FL~_IV~NT Pelable Water Sub-F. lernem DATE AMENDED ORDINANCE NO. NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVALaJIt. F_ P LI IE 1: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FAClLmES AND SERVICES. OBJECTIVE 1.1: The Coullty will locate and develop potable water supply sources to meet the needs of the County owned and operated systems for the five (5) and ten (10) year planning time frames of this Plan, said ~ ~,OUll~S nl~ the minimt~l Level of Service Standards established by this Plan. Policy 1.1.1: ~ 1 ' A A uEer torae and Re~) system study , , ~ implement a program for the protection of existing and ' ' he un's estLmated 10_y_ear ;irowth related #-OBJEC~ 1.2: The Coutlly will ~ fl3e fo#owtrlg policies to make certain that public and private sector potable water ~erv~oe ~ pl'ovfl~, ¢epail' and/or replace potable water supply, treatment and distribution factlilJ~ tO correct existing ~as irt thek respective service areas as may be required to meet or exceed the Level of Service Standan:ls astabiished in this Plan. In addition, public sector potable water ~,ervice utirFdes will be expanded as necessary to pcovide for future growth. ~ 1.2.1: ConlJflue Itle ¢~ of a Collier County Re~ior~l Potable Water System consistent with the Capital Improvement Element er PI n te to correct existing deficiencies and provide for future growth. po y 1.z2: ConsiStent with the ~ growth policies of the Future Land Use Element of this Plan, provision of Oelltral ix34able water service by the Courtty is limited to the service areas shown in this Plan and to areas where Ihe County has legal cornmitn3ents to provide facilities and services as of the date of adoplion of this Plan. Policy 1.2.3: By ~ time martd~ted for the adoption of land development regulations pursuant to Chapter 1~3.3202, F.$., ~ 111¥ ~ thereto, require to the exf~n~"o4h~ C(~urJty's authority I:Mvate ~ potable ~ ~4fvice utilltlel, tstab/lsh and file with the County a statement of their policy nlld cdtef~, cof'~,i~te~ w~h the goals, o~s and policies of this Plan for the expansion, 1'l~.8cemef~ arid/or repair of lheir facilities to correct existing deficiencies and provide for future #-Policy 1.2.4: Peflllit devl~lef~ of ~ water supply systems or individual potable water supply wells within ~ COUt~ only o~1 an interim ~ when cofttle~on to an existing central system is not readily accelllble to ~ lel'dce arid rlKluire co~lne<:tjon to the County Regional System when available. Policy 1.2.S: Corttinue erlfofcefTle~t of ordinances requiring connection of existing and new development to central potable water' systems whe~ they become available. Connections to a central system shall be made I-Policy 1.2.6: Where ~ Dev~:)pme~ District, or other similar special districts are established to provide a tool fei' devllopl~ to flllarlce ~ or other purposes, wholly or partially within the Collier Colxlty WlItf-,.~/WIr ~ ~ ~ shall be connected to the regional system, and internal flCilit~l shall be corlveyed, wherl accel:~b!~t, to the Collier County Water-Sewer District for operation arid ownef'lhip in accordance witfl Collier County Ordinance 88-76, the Utilities Standards and Procedu~s Ordillltlce, adopted September 27._1988 or its latest revision, and District construction OBJECTIVE 1.3: By Ihe time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., trldudirtg arty amertdmarlts It~ereto, implement procedures to ensure that at the time a d/'v~omef~t of'der i~ L~,ued, potable water facility capacJty that meets or exceeds the minimum Level of Service Statldatdl e~tablished heretrl is available or will be available to serve the development under lhe guidelines established for coflcurrer~-.y In the Capital Improvement Element of this Plan. Pellcy 1.3.1: Th/folow~ Levi{ of ~ StatX~lrcl$ Ire hereby adopted and shall be used as the basis for d/tamtitt~ the MILIb~ of facility capacity and the demand generated by a development: ~ .................... .,--- ,. ....... ~-: ~p~a~e~%,~..~, __ ................................ R/view of wlt/f ~ ~ 1989 indicated the LOS ~tandard t'_o.,( finis,.hed waler shou. Id be increased to 185 OD<X[ Review of the hL~._M~ ratio of rea~dent~l tO r~n-residen.~Jal demand indicated that ~?.~-~;,~¥~',~f 17~ of ~ fotl/~ ,..,__--~11 II rtOfl-~$k:ier~al. Thus the residential demand is 15.1 Goodla~Water~ ~ crrY FAClLmEs LEVEL OF SERVICE STANDARD ~,,3 ~ 8__~5gpcd 2OO gpcd 163 gpcd 163 gpcd ~ DIeT--ATE SECTOR SYSTEMS 163 gl::~::l ~jj~l~~~~~~~_~g_~flow design standards~_unless otherwise S economic social and nstructiOn ~: (Source: Chapter 10D-6, Flodda Administrative Code) Bad~. and Beauty Shorm (per chair) Bowling Alleys (toilet wastes only per' lane) a. Per resident member a. Per wet chair b. Pe~ non-w~ chair Factmlem, exclusive of induslttal wastes (gallons per person p~'mhlft) & m Ux~ provided GALLONS PER 5 2O 100 1 O0 100 25 2O 2OO 50 250 20 35 5O 75 25 30 5O 50 20 5 b. Resaet Hotels, Camps, Cottage~ (per person) c. ~ld f~ e~M>l/~hmen~ with self service laundry f~ (per ~) Office Butkrmg (per employee per 8 hour shift) Service ~tations (per water closet and per urinal) without food or laundry (per square foot of floor space) Stadiums, Race Tracks, Ball Parks (per seat) ~wlmmlng and Bathing Facilities, public (per person) e. Indoor, A~ (per seat) b. Outdoor, Drivedrm (per space) Tmiler~ Home Park (per trailer si~ce) Tra~ Tr~l~~ VeNde Park a. TravelTrailer(ovemight),~~~ sewer b. T~ T~ (~), ~ ~a~ ~ ~~ ~ ~r ~). ~ ~ bed) (does not include kitchen wastewater howl) Nurllng, Re~ Homes (pm' bed) (does not include kitten wa~ flows) t w~h to,e~ only (per person) b. with bnl~Kx~e, ~ and toilet~ (per pe~on) Public ~ oll~er Itmn Sd'K~ols & Hospitals (per person) 8ctma~ (per student) b. m~d for showers e. ~ WmV./Cama~an Cen~ 5emi-p~'mm~t Loer worker) 12A1 GALLONS PER 150 75 400 20 250 0.1 5 0.1 10 5 10 200 75 100 3 2O0 100 5 10 100 15 5 5 15 75 5O 1 , GALLONS PER a. Sin~ or muti~ f~.~/(p~, dw~ ur~) 1 bedroom and ~ ~ ~ ~ less heated or ~ ama ~ ~ ~1 - 1~ ~ f~ ~ ~ ~ed ama 3 ~~ ~ 1~1 - ~ sq~m f~t ~a~d or 4 ~ ~ ~ ~ ~ ~ 2~ ~uare f~t ~~: 150 30O 450 600 75 FiN' food ~ o~, kitchen wastawater flows shall normally be calculated as sixty-six pen::ent (86%) of the total e~ablistv'nent wastewater flow. ~ ~ high volume establiJhmeflt~, such as fast food restaurants and service stations located fleer Jrllerstata type highway, require I, pecial sizing considerations due to above ~ sewage! vok.,me expected from restroorn facilities. Policy 1.3.2: Itl on:let to ensure these Level of Service Standards are maintained, methodologies for determining l aY a Jab lc capa~ la'lid demand shall ]rlcxJqx~ate appropriate peak demand coefficients for each facatY and fa' the type of dev~k~xnent proposed. Policy 1.3.3: ~ ~ of Service Standards are the minimum criteria for replacement, expansion or increase in Policy 1.3.4: Arwlually review ~ potable water demand records and adjust these Level of Service Standards ~-08JEC'TTVE 1.4: = .... ~.~2,..l~le The County will ~ promote conservation of potable water supplies by ~ ~ ~ an itltegratad, comprehensive conservation strategy which will identify Pelicy 1.4.1: Negollate agree~ent, will1 area go~f coumes to accept and use treated wastewater effluent for ~ whell and where &ame i~ available from exislfng and future wastewater treatment plants. ~ to conoect extstJlla ~ existing and future publicly owned landrs suitable for imga0on With treated waJ~ewat~ effluent, J4.1ch es ~t building grounds, parks, and highway medians, when e~noe~.*av f_,~._~._ --., ..... ~_=~_.___ .._:: ~..~ ,.,,. ,_ 1 ~ to COrlflect ~ ~ arid future I>dvately owned lands suitable for irrigation with ~~efflue~.. such at.~? n_ursedes and commercial/industrial parks, when · . ~ Policy 1.4.4: Ptrsuant to general law (Chapter 91-68, Laws of Florida), by November 1, 1992, adopt a resolution ~ the use Of xed$4:ape ted¥1ique$ (drought resistant landscaping) to minimize potable water By ~ ~ dev~>p a pubfic water conservation program for redudng potable At such time a:" ~_ ~_-'~_ "-'exces! ,~,,,,,'~ ,~-~'-- ~'"'~°"~"-" .... "'~' '"~" ~ is available, ~ ~ ~ ~ ~ ~ ~r ~Y~ems to ~ ~oun~s effi~nt transmission ~. ~, ~---~ ~4m ~. ~.~ ~=~-k ~ ~ ~,~J .... , .... ~ (i.e. separate ~ ~ ~ ~ ~er ~) in n~ su~i~sions ~en ~e ~nst~ion and/or ~ ~1 d~~ ~t~ ~II ~ neG~fy impa~ the ~ble water systems reRulato~ Potlcv 1.4.7: Bv J~luarv 1998 cofllDlete a. study t~ d~,ermirle the .feasibility of using treated effluent to create a salinity harder to reduce the [x~f~l for salt w~ler int;rusion into the C..ounty's current and future tI-.O~BJEC'T1VE 1,5: The County will discourage urban ~ and the proliferation of private sector potable water service mapplk~ in an effort to maximize the use of existing public facilities through the development order approval process by implementing the foflowing polities. IL-P~ 1,5.1: Discourage urbatl R:>rawl by permitting central potable water systems only in the Designated Urban Area of Ihe Future Land Use Element of this Plan, and in areas where the County has legal CO~Vtlitl]14fl~ to ~ factflti~ arid sacvtce outside the Urban Area as of the date of adoption of this Plan. The Cxxelty 1MIl dil4:ourage uCoan spratM arid the I:a'o/iferation of pdvate sector and/or package ~ water ~ system~ through lhe dev~~ order approval I:~::~ess to insure maximum ~ of IbC $xl~Ung Irld plartned ~ faclTities. No existing private sector or potable water ~ ~J$laltl$1MIl be permitted to add customers unless all Levels of Service S~andards are met, Olde Florida Golf Course COLLIER COUNTY WA~R AND S£W~R (C/~S) D'S:~C:- ~iI~, C,o~ty. ~',or~a j CD 12~C~ ~c~ ~eS t ~L~D P# -11 801 811 812 813 815 816 817 818 819 823 824 825 COM.IER COOler~ W~Ti~R AND ,~R (~) DISTRICT (See Map PIN-19 for ProJect Locations) PROJECT 16' Water Maifl - Manatee Road - Manatee Road Pump Station to US 41' US 41 - Manatee Road to Westwind Drive Mobile Home Park (Master Plan Project Nos. 465; Part 516) DIIMlld 20'warm' ~- ~ Hammock Road - County Barn Road to US 41 (Master Plan Project Nos. 452, 453) Completed Carica Road Storage Tank Pumping Facilities (Master Plan Project No. PS-l) Lalld AcquilitiOfl ~ Nora1 County Regional Water Treatment Plant (Part of Master Plan Project No. NWTP-1) Completed Hy~;)gl~ Sef~i~s. North County (Coral Reef) Regional Wellfield (WMP #NRP-1) 12' Water Main. Red'K) Road - Countryside to Foxfire (Master Plan Project No. 406) 16- Water Main - Pine Ridge Road - Airport Road to Livingston Road (Master Plan Project No. 188) Completed 20' Water Main - Goodlette Road - Pine Ridge Road to Cadca Road Storage Tank (Master Plan Project No. 256) Completed 12' Water Main - Seagate Drive - US 41 to Pelican Bay Master Meter (Not in Master Plan) Completed 16' Water Main - Akpod Road - Vanderbilt Beach Road to Immobile Road (Master Plan Project No. 17~) Cor~ 12' Water Main - Immobile Road - Airport Road to VV~lloughby Acres (Master Plan Project No. 198) Compk ed 16' Wlt~ Main - Immobile Road - Willoughby Acres to Livingston Road (Master Plan Proj~:tNo. ~78) Comp~a~.d 12' Wlt~' Main - CR-951 - Manatee Road to CR-952 (Master Plan Project No. 509, 527) 12- Water Main - CR-952 - CR-951 to Isles of Capd Pump Station (Master Plan Project 20' Watm' Main - Rattlesnake Hammock Road - Lely Resort to County Barn Road (Master Plan Project Nos. 450, 451) Completed PW- 47 827 829 831 833 835 837 838 12A (continued) R CW I TRICT C E FY88/89. FY94,I95 (See Map PW-19 for Project Locations) 12" Wster MMrI. 6~ Street - 91st Avenue to 111th Avenue (Master Plan Project Nos. 137,140) Compid~ed 16'Water Matrl- Oulft~:Ke Ddve, Vanderbilt Beach Road, Vanderbilt Ddve, and 91st Avenue; 111'41 Avenue to 6fll Sfl'eet (Master Plan Project Nos. 261,262,263, 264, 265, Notlh Courlty (Coral Reef) Regional Wellfield - Phase I (Master Plan Project No. NRW-1) Dele~d Norltl Couflty Regional Water Treatment Plant (Master Plan Project No. NWTP-1) Water Main - Immobile Road - CR-951 to North County Regior~ Water Treatment Plant (Master Plan Project No. 216) Completed 36' W~ter Main - CR-951 - Vanderbilt Beach Road to Immobile Road (Master Plan Project No. 215) Woodlands PUD (Master Plan Project No. 214) 24' Water Main - Immobile Road - CR-951 Completed 20' Water Main - Immobile Road - Woodlands PUD to Quail Creek PUD (Master Plan Project No. 212) Completed 16' Water Main - Quail Creek PUD - Immobile Road to Quail Creek Storage Tank (Master Plan Project No. 211) Completed 16' Water Main - Immobile Road - Quail Creek PUD to Oaks Blvd. (Master Plan Project No. 202) Completed 12' Water Main - Immobile Road - Oaks Blvd. to Livingston Road (Master Plan Project NO. 184) Completed 16' Water Main - Livingston Road Extension (Nor'd~ Naples Roadway MSTU) - Immobile Ro~d to Old US 41 (Master Plan Project Nos. 169,170, 171,255) Not CIE - MSTU 1.5 MOD Elevated S~e Tank - US 41 and Old US 41 (Master Plan Project No. ET-l) PROJECT 841 842 843 847 850 Ne~ New New Ne~ (continued) _ D EWER CW ISTRICT AClLIT1E FY88/89 - FY94/95 (See Map PW-19 for Project Locations) 16- Water Main - Old US 41 - Lh/ingston Road to US 41/Oid US 41 Elevated Storage Tank ~ Plan Project No. 167)Deleted 16- Water Main - Pine Ridge Road - Livingston Road to Vineyards PUD (Master Plan Project Nos. 302, 303) Completed 16' Water Main - Davis Boulevard - Foxfire PUD to Glades Water Treatment Plan (Master Plan Project No. 417) Completed $ MG Ground Storage Tank and Pumping Facilities - Collier DRI (Master Plan Project No. GST-4, PS-5) Deleted 12' Water Main - Pine Ridge Road - Goodlette Road to Airport Road (Master Plan Project No. 189) Completed 12- Wa/er Main - Pine Ridge Road - US 41 to Goodlette Road (Master Plan Project No. 190) Completed 12' Water Main - US 41 - Vanderbilt Beach Road to Gulf Park Ddve (Master Plan Project No. 161) Deleted 12' Water Main. Immobile Road. Airport Road to North County Regional Wastewater Treatment Plant Entrance Road (Master Plan Project No. 175) Completed 12- Water Main - US 41 - Gulf Park Odve to Pine Ridge Road (Master Plan Project No. 191) c)el~ Nodtl Courtly (Cora/Reef) Regional Welffield - Phase 11 (Master Plan Project No. NRW-2) Deleted Golden C-~te Regional We//field Expansion Plan Project No. SRW*2) Completed NOfU1 County Regional Water Treatment Plant 8 mgd expansion 8 MGD RO Water Treatment Facility 12- Water Main. Tamiami Trail - Manatee Road to end of System 12' Water Main. Livingston Road Wyndemere and Radio Road 16' Water Main - Radio Road - Santa Barbara Blvd. - CR 951 PW- 49 COUJER COUNTY WATER AND SEWER (CWS} 91,~TRICT (~ ~p ~-19 for Pm~ N~w 12' Water Main- l..ivfl~stcm Road Immobile Rd to Vanderbitt Beach Road New 12' Water main - Livingston Road - Vanderbilt Road - Pine Ridge Road 1. Project ~ con~R:xxtd to those presented in the Capital Improvement Element of this Source: Collier County Water/Sewer District, 1995 The County has established a Concurrency Management System to monitor the Level of Service pl'OVided by lhe ~ ~¢to¢. The County has not direct authority to require other pdvate or public systems to address existing and projected def'K:iencie$. This is a politically sensitive topic and State law does not i:xovtde direct ~ to Counties to accomplish this task. Fkta~, arid pmhal:m most ktlpottan~, lyre Courtly must continue to expand efforts to conserve I:lolable waler suppli~. The County has i11ade ~m inroads in this regard by negotiating agl'~elltell~ w#h at'ea golf ~ roi' t~e of wastewater effluent for irrigation needs. This program cl::lttllrtu~ ~ w~l be ~xpanded to pcotllOle efficient use wherever suitable and sufficient quantities of ~ ~ IIYBilM:~. FuIlt~', the ColJr~ rleeds to develop an effective public information program The i~¢~l/ll/l~talM~s del, cltbed above are orle basis of the Goals, Objectives and Policies presented CI$,&,1~1 (Im~df #ti! ~ l('4J ll~ttlCt ~VA TKR TRANSMISSION 12A1 Amended Iqay 19, 1992 COLLIER COUNTY GROWTH MANAGEMENT P~ PUBLIC FACILITIES ELEMENT DRAINAGE SUB- ,ELF_AtENT I lO Ii I! I? ORDINANCE NO. 97- AN ORDINANCE AMENOING THE PUBLIC FACILITIES ELEMENT/I:)I:~NAGE SUB-ELEMENT OF ORDINA~a3E NUMBER 89-05, AS AMENOED. THE COLLIER COUNTY GROWTH MANAGEM~ PLAN. FOR THE UNINCORPORATED AREA OF COU.IER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FA~NAGE SUB-ELEMENT; BY PROVIDING FOR ~'VERABILITY; AND BY PROVIDING AN EFFECTrVE DATE. WHEREAS. the Boer¢l of County C_,omn~z, smne~ adD,ted t~e Collier ~n~ Gr~h ~ ~ ~ J~ 10. 1989; a~ ~E~. ~ ~ ~s ~ ~bl~ bean,s to pr~e for a~ enc~ur~ ~blic ~. ~ ~ d~ ~ ~ 1~g7 Gr~ Ma~nt ~an ~ ~ ~ ~ f~ ~eJ~ r~ ~ ~1 ~. ~7: a~ ~, ~ ~ ~ ~n~ Aflaim d~ re~ a~ ~ke ~n ~5 to ~ F~ ~~GE Su~E~nt A~nd~n~ Io ~ Gr~h ~~nt Plan ~~~~r~n~in~pr~~;a~ F~ ~ ~~ ~~ m ~ Gr~ Ma~t Plan; ~E~, ~ ~ su~flwe o~ pr~ural r~usre~n~ of I~ ~ve ~n ~t; ~. ~E~F~, BE ~ ORDAINED BY THE BOARD OF COUN~ COMMISSIONERS CO~I~ ~, FLORIDA. ~ ~ ~N OF ~ENDMENTS TO ~E PUBLIC FACILITIES E~~I~GE SU~ELEME~ OF THE GRO~H M~AGEMENT ~ ~ ~ ~ he,in. $~ll ~ k~ as ~ Public Facfli~ E~~GE ~~ ~n~ ~ ~ Gr~ Ma~nl P~n for ~l~r ~' ~ ~ ~ ~ Gr~ M~nl ~n Pu~ Faol~s ~~I~GE S~~ ~~t is a~ hereto as E~ibit A a~ -' ~ SEVERAB~MTY. If ~ phrase o~' porUon of this Ordinance fs held invahd or unconstitutional by any courl o~' competent ~, Suctl porUon shall be deemed a separate, distinct and independent provision and mx:h h01dklg IJ'mll not affect the validity of the remaining portion. E~-.G3]~J:~B~ EFFECTNE DATE. The ef~eclt~e da~ of Ibis Amendmen~ to the Public Faolit~s Element/DRAINAGE Sub- ~ ~ IXl ~ ~ a ~ ~ is issued Eh/the Departmem of Cammundy Affaics or ~ Corm'r,~sk~ finding ~ Element ~n compt~ in ac4:ordance W~th Section 163.3184. ~ ~ ~ earlier. No dev~opment orders, devek;)pment P~. O1' ~ ~ ~ Or1 ~ ElerT3el3t may be issued or con-4'nenc..e before it has I;;)~3m~ ~1{~. if a ~ Ol.t~ Of 13o11¢otT1~3~c~ i$ i~.ued by the Adn.~nistratJon Co¢.nmissK:hn' ~/~ ~ may neYetfhele~ be made elf,:rive W adop~X)n of a Resolution affirming its eff~ ~;~1'~o a ¢013Y O~ wfl~ F~ ~hal~ be ~nt to the Departrnenl of Community A~fairs. BUr~J of Local PI~. 2~ ~numard Oaks Blvd.. 3~ Fkx~. Tallahas~ee. FIo~a 32399-2100. PA.~,.~.ED AIKID OULY A~PT~ b~ th~ Board of C. oLinty ConlmisslOner3 of Collier County ~D A~ TO FORM AND LEG)4. SUFFICIENCY: II t9 ATTEST: 2o DWIGHT E. BROCK. CLERK .~1 AE~ISTANT ~ ATTORNEY 1~g7 ~ Fa¢lllli~ E]emenl/DR~NA~E BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: TIMOTHY L. HANCOCK CHAIRMAN COl:~ [ER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACIUTIES ELEMENT Drainage Sub-element Pmparud for COM=JE~, COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER, 1997 AMENDMENTS TO COl II~R COUNTY GIR, OWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT NATURAL GROUNDWATER AQUIFF, R RECHARGE SUE1-ELEM~. NT Date Amend~ .Q.rdinartce No. NOTE: TIlE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION EIEC~ AVAILABLE. II. III. I1. IlL IV. INTRODUCTION AND HISTORY A. Oranage Sy~en~ S. Drainage and Stormwat~ ~mement LEVEL OF SERVICE (LOS) STANDARDS EXISTING CONDITIONS A. Drainage Featums B. Stomweat~ Management Maste~ Planning CONCLUSIONS AND RECOMMENDATIONS C.-.-.-~ALS, OBJECTIVES, AND POUCIES VI. APPENDIX ! REGULATORY FRAMEWORK A. Federal Regulations B. State Regulations C. Local Regulations DRAINAGE BASIN INFORMATION A. Main Gold~ C-.-.-.-.-.-.-.-.-.~ S~tem B. Di~tr~ No. 6 System c. C~:ohata'l~e Rtv~$y~em D. ~ R~ ~ E. H~~ Cr~k ~in F. F~U~ S~ G. ~m ~ ~ H. ~ ~S~ I. ~~s I~ W~ S~tems REFERENCES APPENDIX II Water ~ Level of Service for Planned Unit Developments Colier Count~ Dminege Slruca,~ Invento~ ~ A~ ~ (R~k~ ~ S~r~) Page D-I-1 D-I-3 D-I-9 D-1-13 D-1-15 D- 1-21 13-11-64 D-II--67 V. EC AND POLICIES PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND ~ DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF ~ WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER ~ 1.1: n Public e ina e A ~ I of e ado ed Water Management Master Plal3 to ~ ~ the existing watemhed basin boundaries within Collier County..; eval~lte-~ the design ston-n capacity of the drainage facilities within each basin, ~ detet/ni~ ~ costs necessary to im~meee ~ the facility capadties to 141~ected design slorrn ~l~lndard$ of e ed rammin of o rational · ' <::ts and~e~nnual Policy 1.1.1: ~,~Re-hew. Moflito~ adopted procedures that are in place to ensure that existing natural systems, existing development~, and proposed developments will receive ~ ~ frOfll I:N'opo~d water management pn:)cedures and projects. Future updates and revisions shall reflect changed conditions in the new techniques. Po~"y 1.1.2: Q~mplement proceclure~a~,~eje~4 within the ~ · r ~ to ensure that at the time a dewlo~m~t pem~ i~ is~4~d, t ye ment dischar e adequate water management facility capacity is available or will be available wherl needed to serve the development. Policy 1.1.3: Cor~ to G<levelop public drainage facir~ies to maintain the groundwater table as a source of recharge f~ the potable wat~ aquifers and meet the water needs for aiFtcultixal and commerdal operations and naif'ye vegetation. Poacy ~finue on-going efforts to evaluate the fea~b~ of rllstod~ ~urface water flow into historical flow-ways and utilizing them to 12A1 . within tt~ $ year planoir~ time frame as ~ River Extension_ Completion Date FY 98/99 FY 2002/2003 ~ u~ ~--- i-e c-:-.,--_-'.--._~:--~_. O~e resuR~ will be made availab~ tO ~ property OWT~m. kT,,~ wJG-~,-~ lhe ~__".-~. ~ for ~heir use in petitioninci the Board of County C~,T.T~.:a--YI to c~_~e a t~_.~Y~'K~/--~- -~.w~lent unit to fund the proposed PMicy 1.1.[1~: Initiate sub-basin studies on the Secondary Drainage System and portions of the basin within lite Urban Area. c...,,~M ~.; u e -r ~ i The status of several of the critical sub- I;mstn stuc~s is as follows; · US-41 Ouffall Swales ~ Completion Date. N/A 1985 FY 95/96 FY 98/97 N/A 1986 ImlMementation of these projects is cuffenUy underway. OBJECTIVE 1.2: A~M, MaJnta~ adopted drainage level of service standards for basins and sub-basins iderW~ in Ihe Water Manageme~ Master Plan. PMIcy 1.2.21: The folowing levels of sen,ice f~ drainage are hereby adopted for the purpose of Ao Futura '"pdvale" ~ - v/atm' quantity and quality standards as specified in Coli~ County Ordinances 74-50 and 90-10 and Land ~ Code Ordinance 91-102 as Amended. ~ "lXiVatll" de~ and existing or future public drainage facilitle~ - those existing Levels of Sen, ice identJf'H~d (by design storm return frequency event) by the completed f)ertiom~Water D BYB I M/UN GOLDEN GATE SYSTEM Main Goklen Gate Canal Basin Cypm~ Canal Bax~n Haxvey Canal Basin 1-75 Canal Basin C-,men Can~ Bax~n Airport Road Canal South Basin Oran~ 1'roe Canal Basin 951 Can~ Central Bafln D D D D C D D D C ~ NO. 6 SYSTEM Rock Creek Basin C-4 Canal Basin Lely Canal Branch Basin Haldeman Creek Basin Winter Park Outlet Basin D C D D D D D COCOHATCHEE RIVER SYSTEM Cocohatc:~e River Basin Pine Ridge Canal 13a~n Palm River Canal Basin D C D COCOHATCI'F.E FUVER SYSTEM (~onanu~) West Bran~ Cocoha~ Rlv~ Basin East I~anch Co¢=haa:h~ Rlv~ Basin Nqxxt Road Canal Norlll Begin C D O D D D D D D 3 LEVELS OF SERVICE ATTAINED BY BASINS (cont n 12A1 Men~ttCanal Bafin Prairie Canal Basin LEVEL OF SERVICE C C SOUTHERN COASTAL BASIN US-410uffall Swale No. 1 Basin US.41 Outfall Swale No. 2 Basin Seminole Pad( Oullet Ba~ D D C D C C INTERIOR WETLAND SYSTEMS D Policy 1.2.3: Enlarge Ihe scope of the Water Management Master Plan to include recommendations f~ changing Levels of Service togelher with analysis of capital requirements. O{~JEC1TI/E 1.3: Beglming with fiscal year~1996-97, a f'we year schedule of capital improvement ~ for water nl~ facilities will be maintained and updated annually in ¢o~do~llar,x~ with the review lxoce~ for the Capital Improvement Element of this plan. Policy 1.3.1: ~ IXOcadure~ to update wate¢ martagement fadlity demand and capacity Policy 1.3.2: F~ perkx31c 14zrnmade$ of capacity and demand information for each water ~ 1.3.3: Wll~r malagefllel~ capital improvement project~ will be evaluated and ranked aeCOIl:J~ tO ~ priodOe~ stated in the Capital Imlxovement Element of this plan. PolIw 1.3A: eml3hasis shall be given to improving existing drainage facilities in and around arid estate~ designated areas (on the adcpted Future Land Use Map) to maintain 12A O~JECTIV~ 1.4: Begklnklg with fiscal yeer~1996-97, develop policies and programs to correct exisling cl~dmx:ies and provide for futura fadlity needs for those projects which may ~ ~ oulJirled itl Ute i~ge~-adopted Water Management Master Plan and ~ 1.4.1: Water ~ Ixojects shall be undertaken in accordance with the schedule ~ irt ~ Cal:~d I~ F..$ement of this plan. These projects shall be ulldeltak~ ill coordinatJ~ with the Big Cypress Basin/South Flodda Water Management Dist~ 5 Year Plan. Policy t.4.2: Correct existing deficimx:ies and provide for future facility needs through the forlllUlation and Implementation of annual work programs. Encourage innovative ftirtdillg sources irlducrgtg utiliza'don of special taxing or assessment districts. Policy 1.4.3: Develop a public awareness program to inform the governmental leadership and ~ pubrlc of the rleed to utJrlze total watershed management concepts within the existing drainage systems and the environmental enhancements that will result from ~ implementation. OBJECTIVE 1.5: ~ to Rregulate land use and development to protect the functions of natural drainage features and natural groundwater aquifer recharge areas through the de~leg~ It. and dDevetopment~,e'~-the-t~the ~ (On:finance 91-102 as amended), Policy 1.5.1: Allnually review all appl'opdate Water Management Ordinances and regulations to deletlllkle ~ eff~ ill pt'otectJng the functions of the natural drainage feMures and natural grmmdwater aquifer recharge areas. Poligy 1.5.2: ~ any appropriate new On:linances ami regulations necessary to ensure ~ of Ihe furlcttons of natural drainage features and natural groundwater aquifer 12~1 . COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACH~TIES ELEMENT SOIAD WASTE SUB-~ AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/SOLID WASTE SUB-ELEMENT OF ORDINANCE NUMBER 89-05. AS AMENDED. THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA; BY AMENDING THE PUBLIC FACILITIES/SOLID WASTE SUB-ELEMENT; BY PROVIDING FOR SEVERABIUT~; AND BY PROVIDING AN EFFECTIVE DATE. I I0 II 12 WHEREA~, Ihe Board of Counly Comm~s"~ners adopted ~e ~l~r Counw Gr~ 13 ~ ~ ~ J~ 10, 1989; a~ 14 ~E~, ~ ~ ~s ~M pu~ head~s ~ pr~e [or a~ en~rage publ~ I~ ~~ ~ ~ 1~97 p~n ~nt pe~; ~ 16 ~E~, ~ ~ dM su~ ~ 1~97 G~ Ma~nt P~n ~n~ 17 ~~~~Afla~ f~prer~t r~ ~ A~nl ~, 1997; a~ II ~E~, ~ ~ ~ ~ Affai~ d~ r~ a~ make 19 ~ F~ ~LIO W~ Su~E~t ~n~ to the Gr~h Ma~nt ~ ~ ~ ~ ~ ~ in ~ I0 ~1~ ~n~ ~ t~ I~ pr~ ~ ~ a~ ~ ~ ~ Affa~ to ~t. ad~l ~ ~a~ ~ ~t ~t [~ pr~ Public F~ E~LID W~ ~E~nl ~n~ to ~ Gr~h Ma~l P~n; ~E~. ~ ~ ~ ~n~ C~ss~fs o~ ~l~er ~un~ d~ ~ke a~ ~n the F~ ~MD W~ ~E~nl ~n~ to )1 ~, ~EFORE. BE ~ ORDAINED BY ~E BO~D O¢ COUN~ COMMISSIONERS 32 OF ~J~ COUP, ~ORIOA. ~t: ~ ~ OF ~ENDME~S TO ~E ~BLIC FACILITIES ~~ID W~ SU~ELEME~ OF ~E GRO~H ~NAGEME~ ~~~~~,~~~I~7Pu~F~ ~, ~. ~ ~ ~ ~ ~~nt Plan Pt~ 2 ~ SEVERABILITY, } If any ~ IX ~ Of thi! Ordinance ts held inval~d or unconsutut~ona~ by any coun of 4 com~ julVt~dicl:Jo~. J4Jctl portion shall be deerned a seOarate, district and indel::)endent ~ prOV~iOI1 and suctl holdillcj shall not affect the validdy of the remaJmng 6 ~ EFFECTIVE DATE. 7 The effeclive date Of th~ Amendment to the Public FaCllYdes Element~SOLID WASTE Sub- Il Eleme~ ~ be ~ date a f'~al order is ~ by the I)el:~artment of Community Affairs or 10 163.3184. ~ whk:hevef OCl:Le~ e. attler. No de~rnent orders, develo~::mnent I ! peflritJ, IX ~ ~ t:~nt o~ this Element may be issued or commence befcxe ~t has I! ~ effective. If a t~lal Ixder Of ~nce ~s issued by the Adrmnistration Commission. 13 tht~ amendme~ may ~le~$ be rnacle eff~ by ado~tx)n of a Resolutic~ affirrmng ~ts 14 effecl:Jv~ jtatuJ, o a cojTy Of Ita~.~:jq ~ l,h,all be senl to lt.~e Oeparlment o f Commun~f Affairs. I J Bullau of local Pla~, 2555 Shurnard Oak.~ Blvd.. 3" Fldor. TalLahassee. Florida 32399-2100 16 PASSED AND DULY ADOPTED by the Board of Count~ Comm~ss.:x~s of Cotl~er County I? II 19 21 = By:. 24 ATTEST: DWIGHT E. BROCK. Ct. ER~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A~qI~I'AAIT ~:)LINTY ATTORNEY lgg7 ~ Fl~:llUm ~~O WASTE TIMOTHY L. HANCOCK CHAIRMAN COM_IER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACIUTIES ELEMENT Seiki Waste Sub-Element Octo~r, 1997 AMENDMENTS TO COLLIER COUNTY GROW'tH MANAGEMENT PLAN PUBLIC FAClMTIES ELEMENT ,~,~lk~ Waste Sub-Element ~...~. inance No. ~NDICATES ADOPTED PORTIONS ~ THE ~JPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. PROVIDE AN EFFICIENT AND ECONOMICAL BALANCE OF PUBLIC AND PRIVATE SERVICES THAT WILL ENABLE THE PEOPLE OF COLLIER COUNTY TO MEET THE E~TABUSHED REQUIREMENTS FOR SOLID WASTE DISPOSAL IN A MANNER TO ASSURE THEIR PUBMC HEALTH AND SAFETY AND TO PROTECT THE AIR, WATER AND LAND RESOURCES OF COLLIER COUNTY. OBJECTIVE 1.1: (COLLECTION) The maintenance of a safe, dependable and efficient solid waste collection system: end Present Level o! Service includes two(2~three-(3-) franchise collection areas and three a. Unincorporated County service area; b. Imrnokalee ~ervice area; c. ~ three (3)transfer stations; ~1. Naples Transfer Station + 1~.2. Marco Transfer Station ~ e:~ Camestown Transfer Station.- Policy 1.1.1: Continue to maintain and regulate collection costs to ensure efficient and dependable service affordable to all users. · ~' ~ mandatory collection ordinance 90-30 as Policy 1.1.~ ~: Continue to evaluate economic transfer and disposal systems including transfer stations. Poli 1,1,4; Allure oublic, ~.'~rertess and part~pafion in solid waste collection issues by requirin,q all issues tO I~ addressed in lldve~ public meetings. OBJECTIVE 1.2: (DISPOSAL) Continue to utilize safe and efficient methods for environmentally sound disposal of solid waste in accordanc~ with local,, ~t~rte and Federal regulations and to investigate ~ meltx)d~ and implement practices that meet this objective. Policy 1.2.3.1.: Motlitor groundwater wells and continue to closely evaluate the test data. Develop remedial actions if cond'~ions are not satisfactory. Policy 1.2.4 a: .......... ~ ............................ , .......... , ........ 3 S*,JC, ';' I~ and maintairl teachate and gas management systems at landfills as needed. PoI~y 1.2.S ~.: Pursue State and Federal grants and participation in feasibility projects on improved techniques for landfill operations and other methods of solid waste disposal. Policy 1.2.6 4: f~ .,,,,,~,~u,,,° ~,, cvoom~ ~.,......~..m~....~t ....... *~' m-Maintain the land klvlnto~ required for future landfills to meet the recommended Level of Service ~t:andard~. The Level of Service for Solid Waste Sub-Element shaft be: t 4,30 Ton~ of solid waste per capita per year~ ,,used tO determine landfill disposal caoacitY, is based of 1 ~ avera<3e of the ~st five complete fiscal years actual b. Two (2) years of cgwl/thJcted lined landfill cell capacity at the ~ disposal rate, calculated oar 1.2.5.a. c. Ten (10) yearn of oermittable landfill mw-lend capacity at the ~ disposal rat~ calculated oar 1.2.5.a. 2 PoRcv 1,:~6; Define the cost of continued landfil]ing in the (~ounty over the next 5,10 and 20 years takirm into consideratiofl ta~ operatJ,ng and capital costs. poliCY '1,2.7: ~/4Ure public aware.ness and participation in solid waste disposal issues by requirin.q all issues to be ad(;lres~,~ in advertised public meetings. po cy 1 The ~ County SO~ Waste Department shall continue to hold its hazardous waste ~ day at least once per Year taroeting residential households but also allowinq small businesses to participate tO ~K;~ne .exlent. OBJECTIVE 1.$: (RECYCLE AND RECOVERY) C)ewlep41 Maintain an(;l IA)date the Solid Waste Master Plan as directed by the Board Policy 1.3.:2 .!.: ~c -_.'~d ..~'~..~%-'._~: ~aJntai,r) a, nd improve programs to reduce the amo~m of soliO waste that requires disposal at County landfills by: Supf)or~.'~ '-c'-."'= '....'~..~.=_'J"~.. :~ :~.,,~-~t~e~m~ Maintain and ephpnce ~he current County-wide single family through fourplex residential curbside recvclino pr~ram, b. M~intain and enhancq t~9 CUrT~0t county-wide multirfamily residential recyclin.q C:. Maintain and enhance the current program to encourage and assist commercial business recycling activities county-wide. I~. cl. Continue and enhance the ~ separation of matedal received at the landfill into recydable categories. Policy 1.3.3 ~: Colltinue investigation of cost saving methods for landfills: La/lclflll mining to recover and recycle cover material. Landfill mining provides a m~hod of dean-up of unlined landfills and for recycling existing acreage for r~ew landfills. ' 12AI Policy 1.3.3: ASS~FO f:)ub~ 8warofless aod vart/c/oafl~ ,jp solid waste rec~clinfl issues by requirino Id Issues to be addressed itl advoflJ~ public meetings. 4 and for the Twen=ieth that the 97-60 Commissioners on the 28th day )n. 1 seal of the Board of Cottnty th£s 5th day of November, DWIGHT E. B Clerk:Of Cour=s and Clerk off£c~o tO Board of ORDINANCE NO. 97- 6 ! AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/DRAINAGE SUB-ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COU. IER COUNTY, FLORIDA; BY AMENDING THE PUBLIC FACILITIES/DRAINAGE SUB-ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and VVHEREAS, Collier County has held public headngs to provide for and encourage public participation throughout the 1996-97 plan amendment process; and WHEREAS, collier County did submit the 1996-97 Growth Management Plan Amendments tO the Departn'~nt of Community Affairs for preliminary review on April 29, 1997; and VVHEREAS. the Department of community Affairs did review and make written objections to Public Facilities Element/DRAINAGE Sub-Element Amendments to the Growth Management Plan and transmitted the same in writing to collier county within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the wdtten objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed Public Facilities Element/DRAINAGE Sub-Element Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the Public Facilities Element/DRAINAGE Sub-Element Amendments to the Growth Management Plan on October 28, 1997; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: =~].O.~: ADOPTION OF AMENDMENTS TO THE PUBLIC FACILITIES ELEMENT/DRAINAGE SUB-ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the Public Facilities Element/DRAINAGE Sub-Element Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan Public Facilities Element/DRAINAGE Sub-Element Amendment is attached hereto as Exhibit A and incorporated herein by reference. ~.~: SEVERABILITY. If any phrase o¢ portion of this Ordinance Is held Invalid or unconstitutional by any court of conlpetent ~, such portion shall be deemed a separate, distinct and independent arid Ir4Jch holding shall not affect the validity of the remaining pod/on. EFFECTIVE DATE. The effective date of this Amendment to the Public Facilities Element/DRAINAGE Sub- Element shall be Ihe date a final order is Issued by the Department of Community Affairs or AdmintstralJon Commission finding the Element in compliance in accordance with Section 183.3184, J~gl:[l;[~, whichever occurs eadier. No development orders, development peflllits, o~ land uses dependent on this Element may be issued or commence before it has becOnte effective. If a final order of noncompliance is issued by the Administration Commission, ~ amendment may nevertheless be made effective by adoption of a Resolution affirming its effeclfve status, a copy of which Resolution shall be sent to the Department of Community Affairs. Bureau of local Planning, 2555 Shumard Oaks Blvd., 3~ Floor, Tallahassee, Flodda 32399-2100. ~ASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County 1997. LEGAL 81JFFIClENCY: A881STANT COUNTY AI'rORNEY BOARD OF COUNTY COMMISSIONERS COLLI~UNTY, FLORIDA CHAIRMAN 1997 ~ ~ Element/DRAINAGE SL,'~-Ele~e~t J. ~_~'~ If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such po~cm shall be deemed a separale, distinct and independent provision and such holding shall not affect the validity of the remaining portion. ~: EFFECTIVE DATE. The effective date of this Amendment to the Public Facilities Element/DRAINAGE Sub- Bement shall be the date a final order is issued by the Department of Community Affairs or Adrntnls[,-a~ion Commission finding the Element in compliance in accordance with Section 183.3184, E.~gl3~IAj,,~BA~, whichever occurs earlier, No development orders, development permits, or land uses dependent on this Element may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3'" Floor, Tallahassee, Flodda 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County .',, ,'"..'..; ATTEST:. '" ';. ,',' ," - ... ,-~J~ .:-~ °.,% ...' APPR~VED'AS'T~ FORM AND LEGAL SUFFICIENCY: MARJQIRIE M. STUDENT ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIE_..r~.Cj3U NTY, FLORIDA CHAIRMAN 1997 Public Facilities Element/DRAINAGE Sub-Element COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBI~IC FACILITIES ELEMENT DRAINAGE SUB-ELEMENT COllIER COUNTY GROWTH MANAGEMENT PLAN PUBUC FACILITIES ELEMENT Drainage Sub-element Prepared for COlLiER COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER, 1997 A T C N R W'rHMANA E ENTPLAN P C Cl IE ELEMENT R A IFER CHAR B-ELEMENT ~ Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT W1LL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. II. III. TAB C TENT INTRODUCTION AND HISTORY A. Drainage Systems B. Dminage and Stomwrater Management LEVEL OF SERVICE (LOS) STANDARDS EXISTING CONDmONS A. Drainage Features B. Ston'nwat~ Management Master Planning CONCLUSIONS AND RECOMMENDATIONS C-~ALS, OBJECTIVES, AND POtJCIES D-I-3 D- I-9 D- 1-13 D- 1-15 VI. APPENDIXl REGULATORY FRAMEWORK A. Federal Regulations B. State Regulations C. Local Regulations D- 1-21 II. DRAINAGE BASIN INFORMATION A. Matn Golden Gate System B. Dtstr~ No. 6 By. em C. Cocohatchee River System D. Gordon River Extension E. Henderson Creek Basin F. Faka-Union System G. Southern Coastal Basin H, Barton River System I. Miscellaneous Interior Wetland Systems III. REFERENCES IV* APPENDIX II WatI' Management Level of Service for Planned Unit Developments Collier County Drainage Structure Inventory Collier County Channel Inventory Drainage Atlas Maps (Reduced in Size) D-II-64 D-II-67 12A II V. GOALS. OBJECTIVE_ AND POLICIE PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RE~ WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER AREAS. O~JECI1VE 1.1: ~ ~ -"d7 !, !__'=~L3, --V'm Ihe Annual Uodate arid Irlverlto~ ReooFI on Public, ~ ~,UIR) Ixoce~___, ar~__,,~N, u~date .the Drainage A~a_~ Maps er~ ChallrlClV~~ ~ ¢:o111¢x:l~r~ of lhe adopted Water Management Master Plan to t~ ~ the existing watershed basin boundaries within Collier County:; e~il~#-V~ the deign storm capacity of ~ drainage facilities within each basin, ~ detemlkle the cot~ necessary to ~ ~ the facility capacJtie$ to selected ¢:~ ~lorm ,tarldard~ for inclu$i913 9f needed proarammir~ qf operational flxtd~ irt ~ ~ C4Nalty Budo~ arld cal:~ll I:xg~Ct~ and .basin studies in the Annual Policy 1.1.1: _0'_~"~-~_ ~ ,~.',-c.~-;o,' adOl~.ecl procedures that are in place to ensure that existing natural ~ystems, existing developments, and proposed developments will receive beneficial cl:xt~i~l'~ from proposed water management procedures and projects. Future updates arid I'~ion~ shall ~ changed conditions in the new techniques. (~~ Pro<:eclums-end.,l~i~jee~ within the ~ De.liniment C_-o,~ and ~ ~..m~ ¢;~,amed I~ Sos~ Ftof,,~a Watsr .... ,__,__ ,,.._. ,--- ,----=;-~ .... ;F~,~._ to ensure that at the time a ~ I~tmlt il i~ued, ~ v~[lus post de .v~nt discharge ~ ar~ motlNotl~ to ~Jl'e ~ adequate water management facility capadiy is available of w~l be available when needed to serve the development. Policy 1.1.3: ~ tO gdevetOp public drainage facilities to maintain [he groundwater table as a ~ of recharge for the potable water aquifers and meet the water needs for .......... efforts to evaluate the ~ of ~ I~rface wat~ flow into historical flow-ways and utilizing them to ~ t.1..~: ~ ~ ~ ~ ~ a~ ~L~ ~in ~e 5 year planni~ time frame a~ f~; ~ Comp~tion Date ~ ~ ~ 2~3 a4Jb-ba~jn ~ on the Secondary Drainage System and portions of the basin Urban ,~'ea. ¢'"'~'~, -,--- --~' M,S.T.U. The status of several of the cntic, n~ sub- basin ~tucfie~ b as follow~; ~ ~ Completion Date · Lely~ N/A 1985 · ~ FY 95/9~ FY 96/97 · US-41 Oulfall SwMes N/A 1988 · Implementation of these projects is currently underway. OBJECTIVE 1,2: ~ adopled dl'airlage level of ~ standards for basins and sub-basins idenlifled in Ihe Water Managemem Master Plan. PoNcy 1.2.31: The foJowing levels of service for drainage are hereby adopted for the purpose of Future "lXfvate" dcw~3pn'~nts - water quantity and quality standards as ~ in C.,oilter Coun~ Ordinances 74-50 and 90-10 and Land De~,~o~xlle~ Code Orcrmance 91-102 as Amended. ~ "lxtvate" ~ and existing c~ future public drainage facilities - those existing Levels of Service identified (by design storm return frequency event) by the completed ~~m-Water LEVEL~ OF ~4~RVK:;E ATTAIN~ BY BA~IN~ LEVEL QF SERVICE D D O D C D D D C ~ NO. 6 SYSTEM Rock Cmek B~n C-4 Car~ Ba~ Lely Canal Branch Ba~,~n I-lakleman Creek ~ D C D D D D D COCOHATCHEE RIVER $YS~M Cocohs~::t~ Rlve~ B~,in Pine R~ ~ ~ Palm River Canal Basin D C D COCOflATCHEE RIVER ~YSTEM (continued) w~t Bmnc~ r-,e¢=~:~ Riv~ Ba~n Airport Ro~ Cml~ Norlh Basin 951Cm'~ North B~n RIVER EXTENSION Oorc~n RJv~' ~ ~ Ooodlette-Frank Road Ditch Basin FAKA-ONK~ ~'STE~ C D D D D D D D D LEVEL~ OF SERVICE ATTAINED BY BASINS (conl~nued) MefTitt Canal Basin Pr'aide Canal Basin _LEVEL OF SERVICE C C SOUTHERN COASTAL BASIN U5-41 Oulfall Swale No. 1 Basin US..41 Ouffall Swale No. 2 Basin Seminole Park Outlet Basin D D C Urban Immokalee Basin D C C MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin D Policy 1.2.3: Enlarge the Ircope of the Water Management Master Plan to include recommendations lot' ~ Levels of ~ together with analysis of capital requirements. OBJE~ 1.3: Beginning wllh fiscal year--1,gS&~81998-97, 8 five year schedule of capital improvement rlelldl for water ~ ~ will be maintained and updated annually in ~ ~ Ihl review i:xocel4 f~ the Capital Improvement Element of this plan. Po.cT 1.3.1: infommlm. Policy 1.3.2: ' ~ periodic ~ of capa~ and demand information for each water Peltcy 1.3.3: Water managellle~ capital impcovement projects wi[I be evaluated and ranked aco3rding to Ihe Ixk:xitJes stated in the Capital Improvement Element of this plan. Pogc~ 1.3.4: Major ~ shill be given to improving existing drainage facir, ties in and around ~ Illd eltatel ~ ~ (on the adopted Future Land Use Map) to maintain 4 OiBJEC'TIVE 1.4: Beginning with fiscal y#r~1996-97, develop policies and programs to correct exisllng riel.derides md provide for future facility needs fo~ those projects which may be41av~ been ouUined in the l~ef~e~lopted Water Management Master Plan and Policy 1.4.1: WMm' nlan~gement projects shall be undertaken in accordance with the schedule provided in the Capital Improvements Element of this plan. These projects shall be taldedaken in coordination with the Big Cypress Basin/South Flodda Water Policy 1.4.2: Con'ect existing ~ and provide fo~ future facility needs through the formulation and implementation of annual work programs. Encourage innovative furx:lit~ sources inclucr~tg ~ of special taxing or assessment districts. Policy t.4.3: DevMop a put, lc awareness program to inform the governmental leadership and ~ pub~ of the need to utilize total watershed management concepts within the ex~lr~ dr~ systems and Ih~ mlvironmental enhancements that will result from O~JE~ 1.5: Contirme to Rmgtdate land use and development to protect the functions of natural drainage features ~ natu~ grocxtdwater aquifer recharge areas through the ~-=.~ ~ ::Sopted ILa~ dOevelopm~t~e-b~ · . ,..,.~ ~,~,~,,,w.~. ...... .~ --.~,~ ~- ~'~'~----~".,ocle (Ordinance 91-102 as amended). AIVtuMIy review MI appf'opdate WMer Mana~nt Ordinances and regulations to ~ their effeclfveness in ~ the functions of the natural drainage f#tums and natural groundwater aquifer recharge areas. Poll~y t.5.2: Develop any appropriate new O~inances and regulations necessary to ensure pmlecti~ of the functions of natural drainage features and natural groundwater aquifer STATE OIP I~.,OR~) Z, DMI(~E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a ~ru~ copy of: ORDINANCE NO. 97-61 Whichwas adopted by the Board of County Commissioners on the 28th day of October, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Coe~ssioners of Collier County, Florida, this 5th day of November, 1997. DWIGHT E. BROCK Clerk of Courts and Clerkl Ex-officio to Board of '' Cour~y Commissioners (JHDINANCF.. NC). B/- az AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COLLIER COUNTY GROVV'I'H MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING AND INCORPORATING THE EXISTING TRAFFIC CIRCULATION, MASS TRANSIT, AND AVIATION ELEMENTS INTO A NEW ELEMENT TO BE KNOWN AS THE TRANSPORTATION ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10. 1989; and VVHEREAS, collier County has held public hearings to provide for and encourage public participation throughout the 1996-97 plan amendment process; and WHEREAS, Collier county did submit the 1996-97 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on April 29, 1997; and WHEREAS, the Department of Community Affairs did review and make written objections to Transportation Element/Traffic Circulation Sub-Element Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and VVHER~, Collier County has 120 days from receipt of the written objections from the Departhlent of Community Affairs to adopt, adopt with changes or not adopt the proposed Transportation Element Amendments to the Growth Management Plan; and WHEREAS. the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning [he adoption of the Transportation Element Amendments to the Growth Management Plan on October 28, 1997; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: · ~..L~: ADOPTION OF AMENDMENTS TO THE TRANSPORTATION ELEMENT OF THE GROW'rH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the Transportation Element Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan Transportation Element Amendment is attached hereto as Exhibit A and Incorporated herein by reference. · ~e~-.~J~L~Y..~: SEVERABILITY. fieny phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. ~.~]Q~I.~: EFFECTIVE DATE. .t g. ~ The effecltve date Of this Arrtendment to lhe Transportation Element shall be the date a final order I~ Issued by I~e Depadmer~ of Community Affairs or Administration Commission finding the Elemerff irt comp~nce in accordance with Section 163.3184, ~, whichever occurs earlier. No development orders, development permits, or land uses dependent on this Element may be issued or commertce before it has become effective. If a final order of noncompliance is ~ by lhe .,N:lminisfl'atlon Commission, this amendment may nevertheless be made effective by adoption Of a Resolution affirming its effective status, a copy of which Resolution shall be sent to Ihe Def~irtment of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3'~ Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County thts~P,~ ' ~, day of 0 .c~ober, 1~7. BOARD OF COUNTY COMMISSIONERS COLLIF~UNTY, FLORIDA TIMOTHY L/~ANCOCK- - CHAIRMAN 12A 1~ COLLIER COUNTY GROWTH MANAG~NT PLAN TRANSPORTATION ELEMENT COLLIER COUNTY GROWTH MANAGEMENT PLAN TRANSPORTATION ELEMENT Prepared for COLLJER COUNTY BOARD OF COUNTY COMMISSIONERS (~, 1997 A P TA MENT 'INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WIL/. BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. C. EXIS'rlN~ SYSTEM {198~.) 1. Road 2. I. eveis of Sen4ce 3. Traffic Cou~ & Accident Frequency Data 4. Unacceplable Conditions - County Roads 5. Unac~ Condilions - State Roads TRAN-6 TRAN-7 TRAN-8 2. Travel Demand Patterns* 3. Traffic Circulation Constraints* 4. Futura Traffic Circulation Map -2000' 5. Future Trafl~ Circulation Map -2010' 6. Future Traffic Circulation Map -2020' TRAN-43 E. NQN-M~~ T TATI N~ 1. Land Use Issues' 2. 3. 4. Funding of Roadway Improvemeflts ' TRAN-76 TRAN-83 TRAN-85 TRAN-88 ]2A T FT I RE ~ County Gefleral'=~ Service Volumes Two-Way Artnual Average Daily Service Volumes for Urban Two-Way Arterials lB ~ County Route. Spedflc ~ Volumes Two-Way Annual Av~'age Daily Service Volumes for Urbe~zed Arterlel Operating under Special Condili~s lC ID Daily Sel'vtce Volumes for State Roads in Collier County prepared by FDOT, July 28, 1992 FDOT's Annual Average Daily Volumes for Non-State Roadways. MulUple and Two Lane Uninterrupted Arterials 2 3 Extsti~g U~ CoflditJons on County Roads ExJll~ Unacceptable ConditJor~s on State Roads 4 Collier County Transportation Planning Database Capacity Analysis Collier County Major Highway Network Future * Traffic Circulation Improvements - 1997-2001 TR-IAW TR-tAE TR-IB1N TR,.tBE I'R-ICW TR..ICE ~ Fac#ity Type. Western Co#ira' County ° Existing Facility Type- Eastern Collier County · F. xi~ng Numbe~ of Lanes- Western Collier County * ~ Adol~ I.~ of Sef, Wce Standards - Western Collier County E~ Adopled ~ of Service Standards - Eastern Collier Count~ ' ' ' - t rn Iii r un PAGE TRAN-25 TRAN-27 T~N-28 TRAN-30 T~N-~ T~N-35 T~N-36 TRAN..47 TRAN -9 TRAN-10 TRA- 11 TRAN-12 TRAN-13 TRAN-14 TRAN-15 IGURES (continued) - ' ' ' - em oilier n * - - ' ' a P es 'a Faci"es-Na les Urban Area' - - ' ' ' Perle n Facilities - Eve lades Ci Area' - ~ Pedestrian Facil...~,~es - Immokalee Area' - ' ' i nd Pedestrian Facilities - Marco Island Area' - 'sti i cie and Pedestrian Fa~lities - Rural Area' TR-2W Existing Unacceptable Conditions. Western Collier County ' TR-2E Existing Unacceptable Conditions - Eastern Collier County' TR-3 Traffic Circulation Constraints - Western Collier County* TR-4W 5 Year Capital Improvement Element Map Western Collier County ' TR.4E 5 Year Capital Improvement Element Map Eastern Collier County ' TR-~dtW Number of Lanes- Year 2000 Western Collier County TR-6AE Number of Lanes - Year 2000 Eastern Collier County ' TR-E~IN Facility Type - Year 2000 - Western Co~lier County* TR-6BE Facility Type - Year 2000 - Eastern Collier County' - Year 2000 - West fyi -Year- astern oilier oun__~ · - Year TR-6AW Number of Lanes - Year 2010 Western Collier County PAGE TRAN-16 TRAN-17 TRAN-18 TRAN-19 TRAN-20 TRAN-21 TRAN-22 TRAN-41 TRAN-42 TRAN-45 TRAN-48 TRAN-49 TRAN-50 TRAN-51 TRAN-52 TRAN-53 TRAN-54 TRAN-55 TRAN-56 TRAN-57 I RE (continued) ' ' ' ' oilier un * ' ' ' ' Facilifie - Na les roan Area* ' ' ' n F 'lities. ve lades i Area' · ' ' Rede n Facilifi s - Immokalee Area' ' ' ' i P ' n Fa 'lities - Marco Island Area' ' 's' ' and Pecie a Fa 'litJe - Rural Area* TR-2W Existing Unacceptable Conditions - Western Collier Counly· TR-2E F-Jdsling Unacceptable Conditions - Eastern Collier County' TR-3 Traffic Circulation Constraints. Western Collier Coun{y' TR4W 5 Year Capital Improvement Element Map Western Collier County 'rR.4E 5 Year Capital Improvement Element Map Eastern Collier County ' TR-SAW Number of Lanes- Year 2000 Western Collier County ' 11~-8AE Number of Lanes - Year 2000 Eastern Collier County ' ~ F~::ir~ly Type - Year 2(XX]. Western Collier Count' TR-~BE Facil~ Type - Year 2000. Eastern Collier County* - · r - olli r oun * - ear TR-6AW Number of Lanes - Year 2010 Western Collier County ' PAG.__..~E 1'RAN- T~RAN-17 TRAN-18 TRAN-I~9 TFLAN-20 TRAN-21 TRAN-22 TRAN-41 TRAN-42 TRAN-45 TRAN-48 TRAN49 TRAN-,50 TRAN-51 TRAN-52 TRAN..53 TRAN-54 TRAN-55 TRAN-56 TRAN-57 I S Numb~ of Lane~ - Year 2010' Fec~ty Type - Year 2010 West, em Collier County* Facility Type - Year 2010 - Eastern Collier County* PAGE TRAN--58 TRAN-59 TRAN..60 TR-TAW TR-TAE Number of Lanes. Year 2020 - Western Collier County* Number of Lanes - Ye~' 2020 - East, em Collier County* Facility Type - Year 2020 - Western ~ County' Facility Type - Year 2020 - Eastern Co#let Cour~ty' TRANe1 TRAN--63 TRAN-64 TRAN-65 TRAN-66 TRAN-67 · - r - I'er n ' P nF T'es-N les rbanArea' · ' - s ' A ' A ' A ~' - ralArea' ns' and Trans' Corridors- F asTm sit Ma * ne it 'o - t ~ TRAN-~8 TRAN-69 T~N-70 TRAN- 71 TRAN-81 D. FUTURE SYSTEM NEEDS 1. Land Use Projections The development of the Future Traffic Circulation Map Series is based upon estimated travel demand generated by projected land uses. Increases in existing travel demands will occur wherever increased growth occurs. Projecting where this land use activity will take place is a process called land use forecasting or allocation. Future land use projections began with future population projections. The Long Range Planning Department relies on the Bureau of Economic and Business Research (BEBR) for estimates of population growth rates into the future. Having chosen the appropriate growth rate for use in population forecasting, land use data sets for throe horizon years were prepared that were consistent with the population totals predicted to exist in those horizon years, using the aforementioned growth rate. These data sets were prepared using a collection of assumptions about how much of the development still possible within each traffic analysis zone will have occurred by the horizon year. The method of distributing the countywide population total predicted to exist (and the resultant amount of commercial activity) among the traffic analysis zones was approved by the MPO at their January 26, 1996 meeting. A full description of the method is included in the support document. 2. Travel Demand Patterns The land use data sets referred to above are the chief inputs into the transportation model used to predict future traffic volumes. The model used by the Collier County MPO, and its consultant, is the Florida Standard Urban Transportation Model Structure (FSUTMS). This incorporates Urban Analysis Group's TRANPLAN model with a user interface. FSUTMS is supported by the Florida Department of Transportation. The MPO's general services consultant, David Plummet and Associates, prepared the most recent Long Range Plan Update. which was adopted by the MPO in December, 1995 Subsequenl to the edOl3fion of that Plan, the projected population in the year 2020 was revised downward. The Financially Feasible network for that year was re-examined with the new population projection, and was not altered. Interim year networks were also produced, for the years 2000 and 2010. The land use data sets that produced the tdps involved were created with the method mentioned above. The number of trips on the network vades only with lhe number of dwelling un,ts predicted to I:~ on the ground in the horizon year. Trips originate from residential land uses, and are destined for commercial land uses. The routes chosen by the simulated trip makers are those that minimize travel tirne~. VVhen different network configurations are tested, improving a facility, or adding a new f'acility. can shift trips onto those facilities, because the new or iml~roved facility has become pall of the quickest route for some trip makers. The networks produced for each of the three hodzon years were judged to be the best solutions purchasable with the revenues projected to be available, and are thus called financially feasible netwodcs. The network plots published in the final report of the Long Range Plan Update (June, 1996) are included in this element unaltered, and are used as the Number of Lanes maps for the western part 3. Traffic Circulation Constraints In many parts of the Naples Urban Area, traffic circulation movements are constrained by the natural features of the landscape such as the Gordon River. Still other parts offer constraints of the TRAN -43 man-m~le variety, such as golf courses and the Naples Airport. In many instances approved developments (some existing, others not yet built) block the way of logical extensions of urban collector and arterial roads. Map TR-3 depicts many of the traffic circulation constraints identified during the alternatives development phase of this plan. The single most noticeable constraint is the Gordon River as it extends from the Naples Bay northward under the East Tamiami Trail (US 41) to its connection with the Golden Gate canal system. The characteristics of the highway network at this location resembles an "hour-glass". On the western extreme, US 41 and Goodlette Road converge on the narrow "straits" of the Gordon River bridge, while to the east, US 41 and Davis Boulevard do likewise. The result is the typical "bottleneck" effect when too much volume is forced through a constructed area. The other contributing factor to current and future congestion problems is associated with the ~southeast configuration of the East Trail (US 41). Because this roadway converges with the eastlgvest and noAh/south roadways at an angle it has the impact of forcing or "squeezing" the travel demand into the confined area of the Gordon River corridor. This one roadway serves both the north/south and the east/west travel demand in the East Naples area. Traveler~ at the southeastern corner of the Urban Area have only one route into the central City of Napier, i.e., the East Trail, whereas travelers in the northeast reaches of the Urban Area have a multitude of choices along the roadway grid for a route to downtown Naples. In developing plans for new and expanded roadways that make up the long range network, the County h~ kepi in view these natural and man-made traffic circulation constraints. Even though environmental concerns are usually addressed through the permitting process, it is important to cort~Mer various highway alternatives in light of the sometimes fragile ecological features. TRAN -44 TRAFFIC CIRCULATION CONSTRAINTS W~STERN COUJF. R COUNTY t LEE CO. · ~ Imm. 12 4. Future Traffic Circulation Map - Year 2000 The roadways included in Table 5 are funded in the proposed 1997-2001 Capilal Improvement Element. Map TR..4 (W & E) identifies the projects included in the CIE. Map Series TR-5 is similar to the Existing Traffic Circulation Map Sedes as it depicts the lane requirements and facility type and ~in the year 2000. Map TR-SAW, the Number of Lanes map for the year 2000, is reproduced unaltered from the Long Range Plan Update. and is the financially feasible network for that year. 5. Future Traffic Circulation Map - Year 2010 The second of three planning horizons found in this Element is the year 2010. Map Series TR-6 depicts the lane requirements, a~d facility type. and evacuation routes in the year 2010. Map TR-6AW. Ihe Number of Lanes map for the year 2010, is reproduced unaltered from the Long Range Plan Update, and is the financially feasible network for that year.. Map TR-6 (VV and E) depicts the roadway needs in the year 2010 based upon the travel demand modeling done during the preparation of the Long Range Plan Update. It is the purpose of this map to provide the basis for adding projects to the 5 Year Capital Improvement Element (CIE) during the annual update process. Each year. as time advances, projects will move closer to the annual element (first year) of the 5 year CIE. 6. Future Traffic Circulation Map - Year 2020 The third of the three planning horizons found in this Element is the year 2020. Map Series TR-7 depicts the lane requirements, a~l facility type, v c a i n r utes and athwa facilities in the year 2020. Map TR-7AW, the Number of Lanes map for the year 2020. is reproduced unaltered from the Long Range Plan Update, and is the financially feasible network for that year. The Future Traffic Circulation Maps (2000, 2010, and 2020) depict the number of lanes for each facir~ty, and facility type. Since the State's Functional Classification System is based upon a series of actual data tests, it is inaPlxoprlate to speculate as to how a facility may be functionally classified in five or ten years. Therefore, this Element presumes that the roadways shown on the Future Traffic Circulation Maps (2000. 2010, 2020) are of the same facility type as exist currently (Map lA). Any new facil'ffJe$ added during these time frames are to be construed as collectors unless otherwise noted in this element. TRAN -46 12A 5 YEAR CAPITAL IMPROVEMENT ELEMENT MAP ~'£ CO,.L.~o ~OCI~Y CO. YEAR CAPITAL IMPROVEMENT ELEMENT MAP £A~'I'ERN C(~..LJE~ COLINTY CO. ,-,* f o8 ~u~ber of Year 2000 ~e~tez~ Co~e~ ____ INTERIM YEAR - 20~0 Il) ~ (COfJJB~ C~C)tJWt'T)~ FINANCI&LLY-FF~IBLE, PlAN NUMBER OF LANES YEAR 2000 EAs'rI~I COLUER COUNT( ~- .~ND,q Y CO couJ£p co. COLLIER co. co. FACILITY TYPE - YEAR 2O0O couJ~ co. '1 ! I I CO'JJ ER CO. FACILITY TYPE - YEar 2000 CO. uO~R(~ CO. YEAR 2000 LEVELS OF SERVICE ~STERN ¢OLUER COUNTY H~t. HORY CO. ,'" " Ill YEAR UAP TR- 5CE 2000 LEVELS OF SERVICE E~,$TERN COLUER COUNTY Evacuation Rou:es Year 2000 i ltAls TR-6AW lusbsz o( lines lear 2010 Western Collier County "INTERIM YEAR 2OI0' COLLIER COUNTY LDNG-RAIqGE PLAN UPDATE FINANCIALI. Y-FEX~IBLE PLAN NAP?tS (COLLfZil COUNTY) J~PO · NUMBER M,M~ OF' LANES - YEAR ~ COLUER COUNTY 2010 ,~E~,IOR ,r CO. COI. UER CO. oo FACILITY TYPE - YEAR ~ COU. IFJ~ 2010 I I I I I I I FACIUTY TYPE - YEAR 2010 CO. I~ON~ CO. YEAR 2010 LEVELS OF SERVICE WE. STER~ COLUER COUNTY H~:NDRY CO. ': Qr YEAR 2010 LEVELS OF SER~CE COUJ~R CO. Year 2010 i ~uaber of ~anem Year 2020 Western Collier County MAP T~-TAW EXHIBIT I- I - ~'020 FINANCIALL~,.,:FI~.A.SIBLE Pl.,AN HI~;HlrAY NUMBER OF LANES - YEAR 202O co. COU,JF.J~ CO. CO. FAClUTY TYPE - YEAR 2020 MAP ~-7B£ FACILITY TYPE - YEAR EASTER~ COU. JER COUNT~ 2020 12A l~ YEAR UAP TR-7CW 2020 LEVELS OF SERVICE WI~TER~ COLUER COUNTY HENC~Y CO. .: ; YEAR 2020 LEVELS OF SERVICE EAST1~ CO~UCR COUNTY Evscua~ion Routes Year 2020 2020 NAPLES URBAN AREA $[GN,rF[CAN7' B/CYCLE AND PEDESTRIAN FACILITIES i I T~-7E-2 12A 1. I, ! I I t,,' I I I · I i i "1__ I I I' i. ,I '1 f- ,.... _-~ ,I I I I' ' I I I I I 4 I P41~[ 2020 A"V£~,fi4flA"S crrY AR~A I 12A E. N~~~~~TI'MODAL TRANSPORTATION :l'oday in Collier County, there exists the potential for an integrated network of bicycle and pedestrian facilities that would provide a safe, dean, healthy, and efficient opportunity for travel throughout the urban ama. To help create a more balanced and livable transportation system, one that provides for ~ ~ walk~, Colr~er ColJllty has urtdertaken new roles and responsibilities not previously The CoBer County Comprehensive Pathway Plan, developed by lhe Naples (Collier County) Metropolitan Planning Organization (MPO) staff, was adopted by the MPO in December, 1994. The purpose of the Pathway Plan is to plan for the future needs of bicyclists, pedestrians and other non- motorized travel modes. The Plan is a tool to guide the MPO's Bicycle/Pedestrian Program within six essential areas: (1) establishment; (2) engineering; (3) education~ (4) enforcement; (5) encouragement; and (6) economics. These interrelated areas address Collier County's non-motorized issues, cortstrains, needs and opportunities. The Pathway Plan is currently being implemented in Collier coup. The Pathway Plan documents the extent of the existing pathway system. Many of the major highways have sidewalks incorporated into their design. It is a policy of this plan that all future capacity Improvements described in this plan shall include provisions for both bicycles and pedestrians. In addition, the Subdivision Regulations of Collier County provide for bicycle and pedestrian facilities throughout a development. The Pathway Plan also provides for the systematic completion of an integrated system by the year 2020. It is a policy of this Plan that Collier County will annually adopt a 5 Year Pathway Work Program that establishes pathway priorities. The County. to the greatest extent possible, will identify state and federal funds and provide local funds for the implementation of the 5 Year Pathway Work Program. In ;idditiort to providing bicycle and pedestrian facilities, the County will encourage their use, and promofl~ safe bicycle and pedestrian practJce~ through the continued support and implementation of the Comprehensive Pathway Plan, ~ iF i f Iii r ount Board of Count Commissioners_~_and under Iii ' ri offman Assoc~ les Inc. and Dufresne-Henry.,_L0~. i r ir Master Plans for the Immokalee Re~ I ' x u iv Air rt. These lans rovide insi h_q.b. Las to ' · r mm nd tions re ardin otential o rtunities and · i · r mm kal Re ional Ai rt Ever lades Ai ark n i I ion nd valuation of inf rmation relative to e ch of rr i r in i foil 'n : · ~ions f facilities and services currentl, qLl.y_provided_~ach of the · i f ~ ~o' ainin t ir r ftfl et m~x and historical activity levels · ' n I n n tu les enti II afl ctin future air rt deve~ent activit,/. TRAN -76 Io · i rti located on a I 100 acre site in the north-central art of xim t 40 mi n h a t of N les. Located on the northeast side of Immokalee · m' r n r I 'n istrict. Prima access to the air ort is via State i i ' Air rk Boulevard to the south of the air rt. Little · i ' ransfer of ownershi in 1960 from the United States · i ' f T' r th air orr. Landside facilities include the aircraft n lin f "' ciri s in luded at Immokalee are three runwa s each f I 1 ' ' r available as well, The airside facilitie res ntl f " h v il I t oth r nar I aviation air rts within the mnt stren h rovide o rational ca abilit exceeded M n' ' I AJ . ' hal onl a rtion of the I 100 acres at the Immokalee · ' n i f irfield ur sas. Let e tracts of land remain available for · ' T ' an future economic develo ment activit . · I ' in'i II urchased and develo ed b Collier Coun in h m nta assistance rovid d b the Federal Aviation · r r unt . Little develo ment has taken lace since its ir m i n to' s. Situated outside the boundaries of Ever lades · I P ' i I r s rye the air rt is surrounded on three sides b i ' ' I u b lands zoned as areas of environmental concern. 'i a v r I s Ai in u in I r nwa t~ wide and 2 400 feet ion a n Ii hti Parkin f 'lities fuelin and han ar facilities are also available. I ildin '1o I h n r ti n ructed which rovid s a number of services. · I h 1 ' lan forar so oriented area south of Na les · I ar Sh r s to'act d termined that al n with the n i I f ccommodatin mall air carrier nd en r I · t in i in1 72 nd wascom I ted in1976. Throu haland h h r ntl ac uired th air o ro art withi th F k h r n · ' I" in whi h is 5 000 feet Ion and 100 feet wide a taxiwa v' ti n i w II irfi Id Ii htin . Autom_obile rakin facilities a_re____a~ r t rt Itie · A ' mok I R i n lair ort Master Plan anumberof · i m re ional airline I aircraft maintenan bae m n tren th of the xistin airfield is able of · ir i n i n I r~ine fleet. There i~n land r v I fa it' n I han ars ace. ~ ~ in nun ion wi h the Squthwest Florida Internati~ · I r i m ortunities for ex an---"-"'""-"~ed air ca__q~p o_~:~_ratio______ns. The I ' n IAi n ff f r industrial _d~warehou~ · h fyi Id involve turbo: ro bu iness 'et or even smaller TRAN -77 'i I i ' r r i ma be a o ibilit . Considerin the lar e · r I b in Imm I r al roduce o orlunities could be developed for ~n re ion or nationall . · I in ' 11 f r f ure i h trainin facilities. The weather in ' ' ' f r ' ' i Th i rt has the land area available on site to · i n f h ne ssa han ar and terminal facilities. ide little in i i r Ii fth Ever lad sat arkM ter Plan is demand- r n i r nable levels of activi tential that are derived · ' ' I I ni I vels rather hah dates in time, The demand I ' ' ' i h th Ai ark will continue to serve rimaril sin le i ' i ' i v Id ' rk re c rrentl utilized b sea lanes. The waters · ' t in rease ea I ne o rations b rovidin · ' i ' n astal areas with cam round facilities. ¥ i · r ~ h Mar I land Executive Air ort Master Plan, · 'n ' ff on o ratin the air oft as an attr~ f f T . r h h Ai rt Authorit c ntinue to market an~d i f" rv ' I rate aircraft indica ive of the visitor and r ' Ii n f h M r I la A r t and maintain sch dule commuter service for · ti t I i lin s And Cos n ' lin r i in the Mast rPlan fore ch of th_~~ These PI ns '11 'n i h n Tr rtaion I m nttobead~1998. i ' ' f ' he t ddt a w II as items that should be ivi mil n . Pti nt items include . Is in Iud d are im rovements to facilities that · . ir riori those items will need to be incorporated · F r mini . n ' ' ' v I r ' will then be tim to r ram for the intermediate n ' ' mil , imil when th.e~rm milestones are · '11 n im mf r h Io r n .Th c · timat s within each of the air opp_~ n r in in rd r II f ren ineerin and other contingencies that · h n Ii n r fix d route bus s stem. fyi r in n r fix route"trolle s" which o rate durin_q the winter season · nd r I n of r - ran ' r vi er hat offer transportation · n , I a I ai shuttle s rvice is offered betwee___Dn Marco and n n N h FI ri Re i n lAir rt. TRAN -78 T~ TransoorL~_'_mr4 Disadvantaoed CrD) i)rooram is coordinated by Tri-Counly Senior' Services which ham bee. n designated as the Coordinated Provider by the Naples Metropolitan Plannin.q .Or.qanizati0n {MPOI. The TO ~e~!~.__.z,s Ire orovtded by various social service aclencie,s and ol'fer home pick-up and delivery transoortation for the elderly, handicapoed, and economically disadvanta.o, ed in the County. The "trolleY" systems mentiolled above are run orimarily for the tourist se.clment of the population ,~nd have fixed route~ that visit the maior shoooirm, beach and hotel interest points. No d~e exists as to the demand for mass transit services. Further, no analysis of existinq mass tran .s~ ~ of se~ and.sYstems needs can be provided. Only an overview .of projected mass transit systems needs is ~rovided here based upon the future land use map. Neither the Florida Department of Transoortation's 5 Year Work Program nor the MPO's adopted plan '_F~_.qtifv the capability for a mass transit system, a!thouqh it is reco.qnized that certain State and Federal arant funds are available and are I;yoicallv Dro~rammed in the State's 5 Year Work Proqram and the MPO's 5 Year Transoortatlon Imm'ovement Prooram (TIP), there can orobablv be demonstrated a need for an urban mass transit system ~n a County of hiSto .~_~!~ and even ore~,ent day. the trend towards the ever increasin,o, need for local of a trerlsit svslem has ke~ Collier County away from implementinq a system F~t.ur~ System Needs The develor)ment of an urban mass trans.it System in the future will depend on the increase in demand argl the phi!ltv of local aovernment to aS'~,vme ,some of the financIal responszb~ht¥ of__o_p.e..ratinq an effective ,system, Even in the event that a orfvate tr. ansit. ¢omoany desires to be~in service ,n this area, ~t ,s plmqs, t. cert,~ that in order to obtain the Federal and State arants, a Ioca! match would be required Further compl~tina the start.-uo of a system is the dependency ,ssue which ~mmed~atelv places a .h,,_.,rden on the County to continue to ouer~te the system (even at a loss) because people will I~come ~__,'J,,J~'~endent on the availability of the system. It would be increasinalv more difficult to cut back on ;ertain routes after the population of a ~ervice area has be.qun to rely on the serv,ce In the event that the County decides to embark on a pubhcly owned Iransit system, a .t.r...ansit (;~weloomertt olen will be develooed, Such a otan wilt outline the proposed system, equipment needs. rout__,~_ to be followed, and the costs associated with both the start-up and lhe continued operation and maintenance of the system. This olan will ~ovide an analysis of future mass transit levels of service ~ ~.stem needs and will be based upon the future land use map, future population and ~<~nomic characteristics, ~;uch a olan will have a comi:~ete review before the public and shall be found consistent with the ~,_-_.,'J~__ (C_-O!~..!~ CountY) MPO's ~ans, This Dian will. at the time of public hearin.q and input, determine ~e eooroodate level of service standard that will then be adopted as part of this element. .a~ = r:w'el~le to st,,=h a olan. the County has deve!or:~.d a map that depicts, the mai.or transit influence arc._a_ both frOrll ~1Droduction and atlractiorl viewpoint, This is onl,/a basis examination of the preps that mlaht be served by · transit system in the future. TRAN -79 No ~ hal bern1 rrmde lo develo~ or ~ on the Futura Transit Map any mass transit service ~. ~ or tmn~ right~of-way~. What ha~ been depicted on Maps TR-SW and TR-8E are ~ could bi mllot' traflMt corrklor~ serving CtZl'e~ arid future production and attraction areas. futuRE UASS rP. AI'.ISIT ~,IAP : /~ /~ |R,~,:~I'J D[I,IANJ') C[I.ilFR3 & T~';..I',ISI1 CORRIDORS' .'"'.,__~.:.;~.~.- 1 Iii IRAII$1T FUTUt~£ hIASS I'RAI'I'Sll hlAI' IJI~UAi',II) CEil I'EP. 5 & IRArISt r CO~Uf.l~ CO. CORRIDORS COLLI(~ CO. uo~mc4: co F. PERSPECTIVES t. I. and Use Issues The T.~c.~ ~-~--~--'~'~-.. ~!_.-m.._.~.. Trlmseortatiofl Element is closely related to the Future Land Use Element. It has k)ng been the pattern that the development of land necessitates improvements and expansion to the transportation system, The two elements are so closely tied, in fact, that changes or shifts in the land use patterns can drastically impact the performance of the roadway system. It is for this reason that the County requires most land development proposals (e.g., DRI, rezone, and provisional use requests) to submit a Traffic Impact Statement. An analysis of the proposal's impact is prepared and submitted to the recommending and approving authorities. As an alternative to this pattern of demand driving the transportation system improvements, the County has begun to explore ways to have the roadway system guide the patterns and densities of development. The County can determine the type of roadway system it wishes to maintain at the adopted level of service and then take steps to permit the type of land uses that will be consistent with that system. In this way, the County will be in a better position to keep the demand for transportation services from outstripping the supply of the roadway system. The County has also recognized the importance of good site planning as it relates to a projects ingress and egress from the major roadway system. Inadequate control of access points, median openings and signalized intersections can accelerate the deterioration of the systems overall level of service just as fast as the in.eases in traffic volumes. The County has developed and adopted policies to control the Ilumber, location and type of access points to the road network. These policies are based on the Collier County Access Management Policy (Resolution No. 92-42), and existing road and land use conditions. An access management plan map exists for each mixed-use activity center. The purpose of the access management plans is to minimize the adverse impacts to safety, capacity and operating conditions of the roadways, while providing adequate access to those properties. Access points on state controlled roads are subject to approval by the Florida Department of Transportation. 2. Marco Island Airport Impacts The Marco Island Airport, located east of SR-951 approximately 4.5 miles south of US 41 is a facility havirtg a runway length of approximately 5,000 feet. Access to the facility is from SR-951 via Mainsail Drive. The facility currently provides only general aviation services to the southern urban area. Adjacent to the air strip is the Marco Shores Golf Club Community consisting of a golf course and a phase one residential area of 240 condominium units. All other lands surrounding the facility are under State ownership and are environmentally sensitive. Peak season-peak hour traffic counts taken in 1988 at the intersection of Mainsail Drive at SR-951 reveal 120 vehicles using Mainsail Drive during the pedod of 8:00a.m, and 10:OOa.m. This count would include both residential and airport generated traffic. A 1985 analysis of Marco Island Airport operation is part of the Continuing Florida Aviation System Plan indicates the following current conditions: In 1994, Marco Island Airport had approximately 30 based aircraft with 15,000 annual general aviation operatiorts. By 2005. the facility is expected to have 35 based aircraft and 21,000 annual operations. The airport has been served by regional aidines in the past. If commercial commuter service was ever resumed it could be expected to generate an additional 8,000 operations per year by 2005, The ~ limited use of this publicly owned facility places no significant impact on SR-951. T~N~3 3, Inter-agency Coordination Coopocstion In Colrmr County, the responsibility for providing transportation facilities rests with several different agencies. Long-range planning is the primary charge of the Naples (Collier County) Metropolitan Plarming Organization (MPO). The MPO is made up of local elected officials and is charged by Federal and State laws to coordinate the transportation planning activities for Collier County. The Collier County Planning Department provides staff services to the MPO. The MPO coordinates its planning activities with the City, County, and State Department of Transportation. 'The Ixogramming and construction activities are handled by the City of Naples, Collier County. and the Florida Department of Transportation. Each agency's construction programs are monitored by the MI:K) to ensure inter-agency comisten~. 4. Funding of Roadway Improvemente In Collier County the pumuit of add'~onal funding for roadway improvements has led to the iml:~ement~tion of numerous funding alternatives. The County has adopted a f'we cent local option gas tax in addition to a one cent voted gas tax. Impact fees for roadway construction were initiated in 1985 and up-dated in 1992. Municipal Service Taxing Units have been used to implement area specific projects. On the State level, local governments through the Me~rol:)olitan Planning Organization have directed their attention to the under-funded State roads in Collier County. One of the MPO's roles is to ensure that local governments in its jurisdiction receive equitable treatment within the FDOT District. TI[AN -84 G. IMPLEMENTATION STRATEGY At part of the T;~.?.--:- ~'."-':'~--"~.. $!~ Trflnsl:~rtation Eleme~, the County established minimum acceptable level of ~ standards on the existing highway system. For most County facilities, the level of se~hce standard to be maintained is "D" as measured on a peak season peak hour basis Several County and State facilities have been given a minimum LOS "E" standard, In addition, those roads for which LOS "D" is to be maintained are permitted to operate at LOS "E." for a period not to exceed 2 years. The reasons for adopting a "time frame" standard were to: 1. Adopt the highest level of service realistically possible and 2. To provide the practical methodology for implementing the standard. In general, it is the County's intention to have future roadway improvement proiects "production ready" when they fall below LOS "D". That is, the design and R.O.W. acquisition steps of the road improve- ment process will be substantially complete by the time a roadway improvement is needed. This p~ocedure then gives the County the two year period (dudng which time the road operates at LOS "E") to actually do the construction of the improvement. W~thout this two year LOS "E" period, the County would be forced to adopt a moratorium while the construction takes place or. as the alternative, construct the improvement while the road is still operating at an acceptable level of service. In addition to providing a conetmction period, the two years affords the opportunity for another facility to come on line that has a positive effect (as in the case of a new parallel facility) on the level of servme of the road operating at LOS "E, In this case, no improvement to the LOS "E" road was even needed since a new road increased the corridor capacity and took some of the burden off of the LOS "E" roadway. On State maintained facilities, the County and the State have agreed to the level of service standards described in the element. It is the purpose of this section to set out the strategy for implementing the level of service standards policy of the Tr=."...'"_ '?c'-'!-~'.~.''. E.'=..-":'~.. Transportation Elemenl. It is this plan's intent to improve all roadways operating under unacceptable condttions within the first three years of the 5 Year CIE and State Work Program, as per Policy 1.5 3 of the Capital Improvement Element. 1. Monitoring Section 3.15 of the Land Development Code is also known as the Collier County Adequate Public Facilities Ordinance (APFO). it describes the annual count program done on County roads to determine their annual average daily traffic (A.AD'i'). It describes how the relationship between that AADT and the segment's adopted level of service (LOS) standard determines the road segment's level The current levels of service at which road segments are operating are reported annually in the Annual Update and Inventory Report (AUIR). This report indicates which segments are operating at levels of service worse than their adopted standard LOS. It also contains predictions of when certain segments will reach levels of service that exceed their adopted standard LOS. Although traffic volumes are expressed as A.a~T, LOS calculations are done to ensure adequate levels of service during peak season, peak hour traffic conditions. TRAN -85 The APFO includes the definition of deficient and potentially deficient road segments, and the definition of an area of signify, ant influence (ASI). The APFO describes the implications to the issuance of development orders within an area of significant influence that contains a deficient road segment. 2. LOS Determination And BCC Findinga The current level of service determination (for County roads) are made as soon as the previous year's traffic count data is examined and verified by the Transpodation Department. The annual average daily volumes will be calculated and the peak hour volume interpreted based upon the available data. The Transportation Department shall prepare a list of al! roadway segments, for which a level o1' service standard has been adopted, that shows the current LOS (as determined above) as well as the adopted LOS standard found in this plan. This list is part of the AUIR. Following the preparation of the roadway list, if the volume of traffic of any segments are found to exceed their adopted LOS, a report of the Department's findings concerning all of the County's roads will be transmitted to the Board of County Commissioners. The APFO describes the consequences of a road segment operating at a LOS that exceeds its adopted LOS standard. Building permits issued pdor to the action by the Board to enact a moratorium shall be held vested so long as they remain otherwise valid. 3. Areas Of Significant Influence The APFO describes the process of delineating areas of significant influence. The purpose in delineating areas of significant influence is to cleady define which areas are impacting a roadway found tO have a substandard level of service and further, are subject to moratorium. While it is probably true that a specific land use in one part of the County has some potential for impacting a road fifteen miles away in another part of the County. it is more reasonable to expect [hat most of the significant impacts on any given roadway segment will come from the land uses located closer to it. The County will therefore develop a network of "envelopes" that surround major road segments. It should be noted that in some cases, several links (part of the network between two intersections) can be added together to form a continuous segment. This is done because in some cases, any impact on one link in the segment would generally affect all links in the segment. Some influence areas may be found to overlap other influence areas. This is to be expected since in many cases a given land use affects more than one roadway. Another factor in determining the scope of an influence area will be the roadway facility type or functional classification. Basically, the four types of facilities are freeways/expressways, principle' arterials, minor arterials and collectors. A trdth type of roadway, local streets, are not part of the major highway network and therefore not included in this element. BaI4KJ upon a facilitie~ function, it can be assumed that a principle arterial exerts a greater scope of ser, dce than a minor arterial or a collector. And likewise, a minor arterial exerts a greater scope than a collector. As such, the arterials will generally have a greater area of significant influence than the collectors. The APFO contains guidelines on determining the scope of the ASI by facility type. The size and patterns of the influence areas will be developed following an examination of traffic movement patterns and the relative attractiveness of one facility versus another. It can be generally TRAN -86 as~Jm~ that the majodty of the impact from adjacent land uses would affect the nearest link, although where two links are near equldtsta~ from the land use area, an overlapping of influence areas may occol'. Tho T~pol~lk~ ~ will kJeflt~ these Influence areas on a map and transmit them TRA# .aT TO PLAN FOR, DEVEL~ AND OPERATE A SAFE, EFFICIENT, AND COST EFFECTIVE TRANSPORTATION ~YSTEM THAT PROVIDES FOR BOTH THE MOTORIZEO AND NON. MOTORIZED IIOVEIIIENT OF PEOPLE AND GOODS THROUGHOUT COLLIER COUNTY. OBJECTIVE t: The County wilt maintain the major roadway system (excluding State highways) at an acceptable Level of Service by il~ inlixovemer~ to the following roadways that have been identified as CIE .E. ~ From 31 Bonita Beach Road W. of Vanderbilt Drive Policy t.t: ~ County will annuafly adopt an Annual Update and Inventory Report (AUIR)Scccndc."/ _~t..~..-~'.'~;;-';--~-.. ~ covet'lng a perk)d no lesl than five (5) years, which shall include those projects needed to maintain the network at the adopted Level of Service standard. Poflcy t,2: 'Tlle County ihall annually aPlXopdate the funds in ~ ensuing risc, al year to accommodate those phalli of projects #Ifad in the flint year of the Annual Update and Inventory Report (AUIR). All programm~ deciltonl are baled on the AUIR, and annually incorporated in the Schedule of Capital Impmvement~ in the CIE. Policy t.3: County arterial and collector roads shaft be maintained at Level of Service "D" or better on the basis of the peak season peak hour traffic volume. Level of Sewice "E" or better shall be maintained on the following designated roadways. Alrpoft~ Road Pine Ridge Road Golden Gate Parl<way Golden Gate Parkway Nrport-Pulling Road Santa Barbara Blvd. ~ette-Frank Road Pine Ridge Road Golden Gate Parkway Gooo'Tatte-Frank Road US 41 Golden Gate Parkway Pine Ridge Road Airport-Pulling Road 1-75 The County ha~ declared a~ *constrairted' the following segments: i=rom To Vanderbilt Beach Rd. Gulfshore Dr. U.S. 41 Level of Service "D' or better shall be maintained on afl other arterial and collector roads, however, any aectJon of road may operate at Level of Service "E" for a period not to exceed two (2) fiscal years TRAN -88 12A 1' following tl~ determination ol Level of Service "E" in order to provide the County with time to restore Level of Service "D" by making appropriate improvements. T:~-----~--,--,,-~,.,- ,-,.._.~.., ~.....,4 ,...,..~=;-'='C7-, ;-"f. ~-.~:~-~'~'- L/'";"....- t~.~-c_ ~-.; ,. .... ,. ....................... ,- ......... ,. ....... ~, ..................... ~ Neck; (~{~r ~un~v) MPO shall dete~i~ the optimum LOS for each countY road segment. ~is ~11 ~ d~ ~ more ecoJrateN ~ent~in~ the traffic volumes [ha~ correspond to the different LOS ~ho!d, on ~un~ roads, and more ecodratelv Quanti~inG the ~akinG chara~eri~ti~s of traffic on ¢Oufl~ r~d~ ~e flint ~m~nl of this is to u~e the LOS table~ in the Transpodation Element to ~ ~ ~a~en~ ~nt on ~ r~. ~ ~fld ~m~nent is to ~Gin ins[ailing, as funds ~K. ~aF~t t~a~ ~ ~tionl. to ~Uer ~e~ t~ ~akinG chara~eH~iCS of lraffiC on county ro~s. ~ tht~ ~m~nent ~fl ~ to amend t~ Ca~al Imorovements Elemen~ t0 implemen.~ Policy 1.4: For the purpose of regulating development orders. Collier County has adopted the following level of service standards for state maintained roads: Existing Transitioning R I~ t, lrl~ntz..qlK:l Area Urbanized Area I- 75 B c c_ US- 41 C D' D SR- 84 C D D SR-951 D D' SR- 29 C - SR- 82 TRAN -89 IJ __ I J JLJ ' - ua,/K . , It M'muld be ~ that FDOT has different LOS standards for state roads, The Naples (Collier County) M~ ~ Org~ ~ ~ e M1Jdy to research the implications of these different LOS Stmx:lard~ that FDOT h~ ~tabrmhed lot' Mate roads by area type. Establishing unreasonably high LOS ~tandards in the fringe 'transitioning urban area' may require the diversion of revenues from more ~ areas with lower levels of ~fvice standards, in order to maintain the high standards estabrmhed in the outlying areas. OBJECTIVE 2: The County will maintain the adopted Level of Service standard as provided for in Policy 1.3 by making Itm improvements identified on the Five (5) Year Future Traffic Circulation Map, Policy ~.1: The County shall include in its P..c"_.'"~.-_~."7 R_c_-d_ P;~m Schedule of Capital Improvements in the Capital Improvement Element those projects necessary to maintain the adopted Level of Service on the roads ~ on the F'we (5) Year Future Traffic Circulation Map. The County ~ annually appn:)priate the funds necessary to implement those projects show in the annual element (first year) of the Secondary Road Program. OBJECTIVE 3: The County shall provide fro' the protection and acquisition of existing and future right-of-ways. Policy `1.1: The County ha~ implemented an advanced Right-of-Way Preservation and Acquisition Program. Policy 3.2: The County ~ include~ in its annual Capital Improvement Element no less than $200,000 per year specifically earmarked fo~ use in an advanced Right-of-Way Acquisition Program. By December 1997 a study shall be conducted to identify the long range right.of way needs of the transportation system based on buildout. Following the completion of this study, the funding set-aside may be amended to more accurately reflect the County's annual need. Policy 3..1: By June 1998, Collier County's Transportation Department, Office of Capital Projects Management and the Napl~ (CoBer County) Metropolitan Planning Organization will develop standards, criteria and Imple~ gutdelin~ for right-of-way eCglUtSiUon. Provision for landscaping shall be consistent with Collier ~ cofl'k:k~ management planning policies (see Future Land Use Element Policy 4.2 and T:~..?.-= C'..-~_..-tt~_.. E!_.-~....-c'. Trans~ Element Policy 7.4). The County shall acquire stdficlent amount of right-of-way to facilitate no le~ than a cross section of (6) traffic lanes, appropriate trim lafl~, medians, blcyde arid pedestrian feaflJr~, drainage canals, and shoulder sufficient for pull off~ and lam:l~::aping areas. Excel:~k:~ns to the right-of-way standard may be considered when it can be deffto~lga~t~d, through a tr'afrlc capacity analysis, that the maximum number of lanes at build-out will be less than the standard. OBJECTWE 4: The County shall provide for the safe ~ convenient movement of pedestrians, ~nd motorized~, and mo~totx~az~l whtd~ thro,__~, th~ tmr:~m~ntaflon of the Collier County Comprehensive Pathway Elm. Policy 4.1: TRAN -~0 lhe County ~'~aM, irl~muorate the CoO'mr County Com~nllive Pathway Plan by reference and needed. I'" Policy 4.2: The County ~ provide for ~pport services, resources and staff within the Naples (Collier County) Melrolx:~¢~ Planning ~ to coordinate the Bicycle/Pedestrian Program. POl~ 4.3: The ~ Nmall provide art interconnected and confinuos bicycle and pedestrian system by making the ~ments ~ on the 2020 Pathway Facilities Map sedes. P~-,i 4.4: The County shall annually ~ a 5 Year PaUmway Work Program which establishes pathway priorities to retro~t exi~kmg ~'eets to accom~ bicycles and pedestrians. Polic~ 4.8: The County ~all, to the g~eatest extent possible, identify state and federal funds and provide local fun~ for the implementation of the 5 Year Pathway Work Program. Policy 4.6: The ~ ~ma{I {:x'ovide for the ~afe movement of motorized vehicles through implementation of its ~ Development Code arid highway design standards ordinances and shall incorporate both bike lanes and mdewalks in new construction and reconstruction of roadways. Polky 4.7: The County ~mall incorporate bike lanes in roadway resurfacing projects. Policy 4.8: The County ~ follow the mo~t current bicycie and pedestrian facilities design and construction ~tdards developed by the Flodda Department of Transportation. TRAN ,,~1 OBJECTWE 6: The County will coordinate the T._-:ff'....c C~c'_~_-',¥._.'~..Trans~ion System development process with the Future Land Use Map. Policy 6.1: '[118 Coonty Conlf11~ will review afl rezone requests with consideration of their impact on the overall ~j'a~11, and ~ not approve any such request that significantly impacts a roadway segment already op~ and/or projected to operate v~thin one year at an unacceptable Level of Service unless specific mitigating sttpulatto~ am apixovecl. Policy 5.2: Significant Impact is hereby defined as generating a volume of traffic equal to or greater than 5% of the Level of Servtc~ C peak ~ volume of an impacted roadway. OBJECTIVE 6: The County N'tall coon:l~ the T._.--f~._ C'_'~"_~__':'~_.. c_~ Tran~oortation Element with the plans and programs of the State, Region, and other local ~. Policy 6.1: The T....=..,~._ '?_'"_'!=:.'_'C~.. ~~ TreneDortation Element shall incorporate to the greatest degree Ix)ssible, the long range I:~ns of the Naples (Cofller County) Metropolitan Planning Policy 6.2: The T..."=f~..- C~m~-~--~.. E~ Transeodation Element shall consider any and all applicable roadway ~ of the City of Naples, Soultlwest Flodda Regional Planning Council and Lee County. Policy 0,3: The T._.':'=ffic.._ C'_-~_~_-'__~t.. c_.._..,~:~-.~.. T~nsoortation Element shall be consistent in its interface into the arterial/collector wstem within the City of Naples. Policy 6.4: The Tran x mu=n aement consider the State's adopted Five (5) Year Work Program, the Florida Tran~oocla~ Plan, and the State Land Development Plan. poncy The Naples MPa 1995 & 2010 plans have identified a need for an interchange at 1-75 and Golden Gate Parkway. An Interchange Ju~~n Report shall be prepared by the Florida Department of Tra~ation and submitted to the Federal Highway Administration by October 1, 1998. OBJECTIVE 7: The County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as weft as encourage safe and convenient on-site traffic circulation. Policy 7.t: On August 18, 1992 the County adopted an Access Management Resolution that ensures the protection of the arterial and collector system's capacity. ~"Y~ ~ require the ~3mi~sion of a neighborhood traffic impact assessment as a part of all rezone and conditional use applications. This study will analyze the proposed project's impact on surrounding neighborhood streets. Policy 7.3: The County Il'mil implement, through its Zoning Ordinance, the provision of safe and convenient on-site traffic flow and the need for adequate parking for motorized and non-motorized vehicles as a primary objective in review for Planned Unit Developments, Site Development Plans, and other appropriate stages of review in the land development applications process. Policy 7,4: The County shall develop corridor management plans (see the Future Land Use Element) that take into consideration urban design and landscaping measures that will promote positive development along the major arterial entrances to the urban area. 7.s The Collier County Streetscape Master Plan approved by the Board of County Commissioners shall provide for a comprehensive plan to address the design, implementation, and maintenance standards for landscaping enhancements along major road corridom. This Plan also identifies a sequence for roadway enhancements and potential funding sources. OBJECTIVE 8: The County shell establish and maintain a "CooculTency Management System" for the scheduling, funo'ing, end timely construction of necessary road facilities. Each year. tt~ county will use ~hort term ~~ of ~ years' tragic volume orowth to to ~:~ ~ &~:~,=t ~ ~ ~ ~ s C~! Im~~ E~me~ T~ ~, ~n a manner mat ~to C~.=--.~,- 163 3180 F S.. and in K__~e~.~.nce w~th the Colr~er County Adequate Public .r---:~-~- ... ?_~_ ,-_-:_~----~&__.__-_-_,-~,~;, ,___, ,~ M-u M which shell be deterred, e,.1 tw the total number ~0 ~_-£-~T.~ U----:-I'C-- "~-"~-"- ~ m,. .... u,u ,- TRAN -93 The County shall encourage ITeiahborh°od involvement, and safe and pleasant conditions for the residents, pedestrians, bicyclt/tl and motorlltl on neighborhood streetsLlhrouoh the implementation .o.[ Policy 9.2 The County shall provide for support services, resources and staff to coordinate the Program. Policy 9.3 The County il'tall encour~ the interconnection of local streets between developments to facilitate the cofwenient movement throughout the local road network unless such action will promote through Policy g.4 The County shall define on a project by project basis, the acceptable amount of rerouted traffic as a result of a trafl~ management project Policy 9.6 ................ The County shall route through traffic to the major roadways designated in the Tr=~'' ~'"'""'~'~ r, llme~ ~'rar,~x)rtafion Element of the Collier County Growth Management Plan. Policy 9.6 shal The County neighborhoods. impede ['eview imoacts on emergency vehicte access or response time to Policy 9.7 Roadways liated in Appendix A under 'Roadways in Collier County not Considered Local Facilities' are not eligible for the NTMP. The County shall employ a variety of traffic calming devices to achieve the NTMP'S objectives for a project. ,Such trafr-~, calming devices shall be planned end designed in conformance with sound engtne~ and planning prectices. Pol~ g.g To implement the NTMP, ¢mlain pmcedw'es Ihall be followed in processing neighborhood traffic m~ reque/tl in accordance with applica~ codes and related policies and within the limits of ..... -"-- in plan dev~ and evaluation; . citizen pe~_~__.,.. ,....~,,., ,,.~,~. manaeement plans when needed; . of tempofanry ~,m- ,~ ...... -- meltmde ........ .,. ,,,,4 ,,,~,-mc findings to area residents and TRAN .94 affected n~hbodx)od organizationl before installation of permanent traffic calming aplxopriate County Commission review. OBJECTIVE 10 The County shall encourager ,..._ ,~,....._ ;.......,...,.__.__...,.~....,,__._.....,..,.;~,r,~,.__.._~_. safe and efficient mobility for the rural Policy 10.1 The County shall develop a program to examine the maintenance and operational needs of the rural roadway ~/stem, This program will address the mobir~y needs of the rural resident to include the availabirgy of roads for rural-to-urban travel, as well as for hurricane evacuation purposes. The Co~,'i~;'v shall continue to irr~orove transit services for the Transportation Di~advanta.qed in the rural preas throuah the Community Transportation Coo~inator (CTC). Objective 11 Je~ The Countv.ahall mai~._~in County owned aimort facilities as attractive, efficient, safe. lind environmentally comr)atible facird~e~ Policy 11.1 The C_-ou~v shall incomorate by reference the Immokalee Regional Airport. Everglades Airpark. and_ Msrco Island Executive Air)cd Master Plans. The Co~,~r County Airport Authority shall determine the most cost effective and efficient mgans for ~_._,'a~me. nttn~ future facility plans outlined within the elmod master plans. The County shall encourage the efficient use of transit services now and in the future. The Na__r-~; (Cc~:r County) ,.,=tropoMan Ptannin~ Omar~_-tion. throuc3h the Transportation Df~vanL-~---d- Pro<3ram shall -__*_-L*t the loc_~_! community transportation coordinator in the im~:=,--,e,,-'mion of the m_--_t .ef~c~_._~ and eff_,~'*_Ne level of service r>ossible for the transportation ']'he Counb/shall coordinate the development of any future transit development plans with the Naples (C~.c; Countv) ,%'.c'd'ooo!itan Plannir~ ~_~ion and the Florida Department of Transportation. Pc41cv 12.3 The .1~--'_~_-- lC-_:..".:.-- C_-,:-_.-'~v} M.-'-j'__o,a~_..~._-q Ptannin~ Or,c~__~ization shall monitor the need and desirability of ;,~-:'.~:.T~,-,~--,~ · ~-,~ ~'~:~------~ i,-,d ~,~- ~'* ~ de-._~__--~'ne~, of any transit development plans. TRAN -95 The C,m,,-~-~ th._-.". __,'j~l__ ~e in the MPO ~_-nntno m'oces~ throuoh an interloca! aareement wiih the City The C_-o,:-:-,~v --.'= ------~.-tk-~'~-~-~.--- tn I~e MPO ~ ~ bY maintatnin<3 a votin<3 presence on the T~ Advilorv Commatee to me MI=g). the adootion of any ~ deve~:~m~t r~an. the County shall initiate the development of rk~ht-~,-.--'~av and ~ erot_~ slrate,3f~_.__, ir~_._~tr~ ordinances and policy additions, Any __~]c.<~_ __~1_ transit dev~ Men stroll include an acceptable level of service standard for transit, The County ih~l#.include ce__nitel exoer?ditures lot' any adootecl transit development plan in the Capital lmorovement Etement. TRAN -96 AUPUff_---,UTO Th ~ru I eeo r, rulin~v r~Or~J/TU UAUA~_CUt:UT Vw AU_"} AV - 1 AV-2 AV - 4 ~DAMJTLI IIALIAI'~-ClIcM'T' DI__,A, LI UAO~ ~GAM~I'r ~lll~ I"1 CIIc:ld'l' O/Il&Dill hC /~kllllLI Iltl?w/ Jf~llllIUUl(2(~lt'~l'lCO~' MT- 3 C~OA'- 4.: MT- 6 I, [MIGH~ E. BROCK, Clerk ol Courts in and for the ~entieth Judicial Circuit, Collier County, Plori~a, ~o hereby certify that the foregoing ia a tru~ copy ot: ORD~ NO. 97-62 Mhichwas adopted by the Board of County Counissioners on the 28th day o£ October, 1997, during Rogulat Session. WITheS my hand and the o~ficial seal of the Board of County C~onissioners of Collier County, Florida, this 5th day of November, ORDINANCE NO. eT- ~ } AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE COM.IER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY ESTABLISHING A NEW HOUSING ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WI-IEREAS, the Board of County ~rs adopted the Collier County Growth Man~ Plan on January 10, 1981~, and WHEREAS, Collier County has held public hearings to provide for and encourage public pmttctpa6on throughout the 1996-97 plan amendment process; and WHEREAS, Collier County did submit the 1996-97 Growth Management Plan Amendments to Ifte Department of Community Affairs for p~liminary rev~w on April 29. 1997; and Housing Element Amendments to the Growth Management Plan and transmitted the same in WHEREAS. ~ Cotmty has 120 days from receipt of the writtan otis from the WHEREAS. the Board of County Commissioners of Collier County did take action in the marmm pmscdhed by taw and did hold public hearings concerning the adoption of the Hous~ Elemenl ~ to the Growlh ~ Plen on October 28, 1997; and WHEREAS, all ap~ sut~tat~ve attd pto(:edtJral requirements of law have been met; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY. FLORIDA, Ihat: J~(:~]_O~: ADOPT1ON OF AMENDMENTS TO THE HOUSING ELEMENT OF THE GROWTH MANAGEMENT PtA~. Itm Growth ~t Ptan fog Collier County, Florida. The Collier Cotmty Growth Management Plan Housing Element Amendment is attached hereto as Exhibit A and incorporated herein by refemnoe. E~]~bt-~.Q: SEVERABILITY. ff are phrase or portion of this On:finance is held invalid or unconstitutional by any court of c~ juri~licllon, such p(xtion shaJl be deemed a separate, distinct and independent ~r.~l..~::[~: EFFECTIVE DATE. 12A The effective date of fftis Amendment to the Housing Element shall be the date a tinal order is issued by the Department of Community Affairs or Administration Commission finding the Eleme~ in compliatx:e in accordance with Seclion 163.3184. Eii~%~iJ~, whichever occurs earlier. No de,~,elopment orders, development permits, or land uses dependent on this Element may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Adminisfl-ation Commission, INs amendment may nevertheless be mede effective by ado~ of a Resolutio~ afrffming its effective status, a copy of which Resolution shall be sent to the De~ of Commu~ Affairs, Bureau of Local Planning. 2555 Shumard Oaks Blvd.. 3~ Floor, Talahassee. Florida 32399-2100. PASSED AND DULY ADOFTED by lhe Board of County Commissioners of Collier County this,,?,f.'~, day of October, 1997. ATTEST: O .WiOH'[JE. B~OCK, CLERK ~ ~ TO FORM AJ~ID I..F.(~Ai.. S~JFFlCiENCY: ~E M. s'rUDENT A,.e~ISTANT COUNTY ATrORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY:~ TIMOTHY CHAIRMAN COLLIER COUNTY GROWTH MANAGEMENT PLAN HOUSING ELEMENT COM.JER COUNTY/CITY OF NAPLES COMPREHENSIVE PLAN HOUSING ELEMENT Prepared for COEJER COUNTY BOARD OF COUNTY COMMISSIONERS & NAPLES CITY COUNCIL October, 1997 AMEND~ TO COLLIER COUNTY GROWTH MANAGEMENT PLAN/ CITY OF NAPLES COMPREHENSIVE PLAN Symbol Date Amended Ordinance No. °INDICATE~ ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WIM. BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. 1 2A-'I,11 TABt~ OF CONTENTS. Statement of Purpose Introduction Methodology 'Go~ls, ~e and Policies ObiecUve 1 Obiective 2 ObiecUve 3 Obie~hm 6 Obiect~e 7 Pg. No. 2 5 6 7 7 9 12 14 15 17 18 · Nx~e. rr~ 1~3mlON icl-- in to the entire d re b are ti hal 1ZA C ANITARY ~ .k~. ~-m~se bY ' each ear in · -k:)w Iow I tee n . ~ ___,_ ~ ('z~ntv a *of Na les to .... ~ ...4 ~ .q~m. F - - $ to im · · a si rice. i r ms a.nd ~ . bi housin · , ~ ........ ~ .~,~,.,.fmut the usin s t ies · · act fee waivers By 2000. crmste a rlon-orofit housing develooment corporation, formed with a cross ~ of moei,~:~ativss from _h,___,Si~___. oovernmenL hou$irm advocates, and the g~tnmunitv at lame. which will s__~_.~_ Ihe CRv and Counh, in achieving a new o~oal of Count. ,1~._.-,~ thro,___,~. Ihe L_'~_ Of exlslino ~ _-,__,cfi. as Iow income bovine tax credits. ~m~silv t~ ~ irm:~ct fee wM~ o~ defen'~ls. ~ .k~__a. from the Chamber of ~. Ecor~mic Devetoome~ Council. Collier EL___~L~m_ .Ir~_ m~v_ As~ i'CBIAI. H~m-,~s. Area Board of Real'd:~. Naoles Area CGmn~___.-~_.. ~ t~e C---,'~'-. County Ho,___.,s~. AutSx)~ lo identify rx~niial ~ hOL_m~'Kl_ ___m3~'V.. The ~ hO~j_'..sktG clevMO~ ~ ~11 ~r ~. ~~~ ~~~ ~ a ~ ~m~ns~ ~_~ ~ ~ ~ ~_~ ~ ~ ~ ~ f~ afl ms~ ot The C~_.,ntv ~ City _~_~ff. will conllm~ to omvtde community omanizations brochures and ~ on vmtous houslrm oromams, amnt oooo~u~s, technical e~__~Hs_~.,x:e and ~ infon'na~Jon ~ wffl ixomote ~'fordable housina oooortuni~es for By 1999. the C_-c-_.,~tv and the City will review existina codes and ordinances and ~ as ~ tO allow for flexil~ and innovative maiden[ia! de$ian ~hat .el~'~__~r~,~___ ~ use de~ arid vaffe~ of housing designs, styles, and price I~ lgge. Ihe C_-c-_,,'~v ~ lhe City will review Ihe existirm permit omcessir~ systems in art effort to _r~,__,,~ Itte _oo.j<~_____~,~ lime ~ cost of housina, and esmK:ialty f~ Po#cv 2.7; t~ the ,__,~.'-_~:X! Of ~..'.~nG ~ fee ordinances to facilitate the development of ~~ housing throu~ the IxovtSiOn$ of waivers and/or deferrals. .l~,,____,~qo ~ bOllul unltl into ~ late devetooments and review the feasib~,~y of Throu~ the ~ of ~ ~. sucll as density bcnus a~reements a .n~l... fee w~h.,~ldeferr~l~, out,lc and offvate soonsors wilt be enc~uraoed to provide ~ldeeuete hout, in~ for rural re~tdef'rt~ end fm'mwcrker families, The Cour~ .I-~.___~_ and t,kban ~ Deomlment will coordinate with ~ ~ and sewer ~ to er~um bhat the necessary tnfras~re and ~ for new hm__.,~, deve~*~c,m~ am in olace, and consistent wi~ the CountY's Concurmncv Mamm~l~lt Svst~l. The C_-c-_,qtv will ~ and irp,~!ement DOllCk~ which address si~e locations for farm ~ ho,__.,sino...in,~__~ str~_.~ such as density bonus aamements, impact fee WIIh Ihe ~ of Itte ~ ~ sludv conducted by the University of Florf~.~'~ __lpem'*~_ fo~ F--"J~- and ~~"M ~ in late 1997. I~ County will review tna'~se the ~ of hou~i~ ofograms and amour, of funding available to ~ and ~ of ~. stable muclen~ neiah~s. Cost ~. R~ e~d Ertmmet~ Reoair. Oemor~:~ New Cmmtrtmlltm. ami Imaect Fee W~ or Deferrals. !~ twema~ Fedmal. SIale ami local doling. Im:mase byflve c~cent (5%~ ~ year income ~ for home ~. rehabiritatic~ end t'~t time homelx~e~s "Policy 3,8: 791~ 3.9: By 19g~. Itm City will initiate a study of the Old Naples ama to determine architectural and de~kxx~mnt ItarKtBi~ to motect and DmServe the existina residential character of q~;~ 3.11: By lgSG. Itm Cit~ ~ 19View Itm n#d for a housina maintenance code to address the consen,~lo~ of housing stock ancl the ~ ami orotection of residential iIOINT crrY/COUNTY ~ Polcv 4.1: By 2001. ,.._,~e Itte commlheftlh~ Ix)u~rm k'wentoe/to devetoo and implement new m'o~mms to reduce subslandm'd housino emolovk~= ex~ng me.ods such as housi~ percy 4.3: Review mxJ amend t~ exlstlne ~ ~ of the City and the County. and create one unifgxm relocation housirm oolicv, consistent with the U,$, De¢~ of Housin<3 4,4; eva~t ~' I rmmml dis~stm' m' mw~nment intervef~<m, rer~aceme~ housirm sha~l ~ wfth ell ~ F__n,~ml_.. ~ md Io~ ~ ~ ~ consid~ commercia! 4.5: City of H~-n~e~ will I~rlnu~lly mof~itor all identified historically I~ __.kJenlif~d in t~e ~___,,'J~_. document, tO determine that these __~"Jement ~W'~cies wttil the Future Land Use All s~,__,,~,_.-'e$ tt~t are ~ on the Nationa! ~__,,~z~__ ~ cx:w,~'Vll~. ~ Ind ~ of historically s~nif~z, ant *poNcv 5.3: The ~ vvtl ~ ~ 6 taxi -II _-_~__~x:tated oor~cies inthe Future L.m'xl Use ~ es they __.,'~,r~_. to ~ ~ structu~ ir)<:h,~lh~ the crfteria for policy 5.4: 'By 2000, coon:rm~te w~ Futura ~ Use por~:~es ~ study potent~l incentives to ~ ~ ooe~lef'v~, ~ ~ i'M'tM~A~t~o~ of hlstodc st. ructums and Na6Cxlal Re,~s~' ,x t~ ~ n<xr~'mted. lO By 1099. the ~~ ~ Ordinance shall be updated to ~ any rtew hi~mtcalv ~3rdflcamt ~ ~ to ktdude any chanoes in State or Il 12A 'lq. By 1__e99.. the C_-o,_,qtv ertl{ C_,}tv will er~,__.,re that local land development regulations are in ...egmta~'~e ...-5Lfl_ ~ and F__a,'J~al_. _m,3,__._,~{o~ reaatclino ;rouo homes and foster care .1'~---~ ~ll ~ ~_.~__ ~em In Itl ~ Of ~ rteed~ houslrk;. On an annual Re,~w I1~ C_-c-_,q~ and ~ Fair .Ho,____,~m ~ and ~ and consolidate fair I~-~_--,~'~. ~ In ~ to ~ c~._._e~, ncr and coor~nation between Poticv 6.4: Gr,:._~ homes and fc~'ter cam ~ will be allowed ~ ~ zoned ~ where ~ infrasls'ucaxe. ~,ef~4ces ~ ~ are availalNe, The ~ of .Lt~eee__ ~ wil be in comoli~ with Io<;al land u~e re<;utalions and comiltl~ wilh CImIN~ 419. F.S. 12 ,*,v"'-~-% ~-:.~.-~ h0tl!e ~ _~_.-l'efl~ ~ ~ Collier County, as a result of the ~ wi be res .~_.~ to =ma'$ outside of the urban coastal fringe. ~-,.'-~ in the 141 ~ homes and 31 r~<=m___~A-,nel vehicle soaces within this comdex. ~ mobile home devlioomen~ will not be permitted in the ~ty limits due to the. and ~ ~ and '4~ ~ ~ are __.-arti<:~larfv vulnerable to damaee. ~ C_/-_.-'~v ha~ numee~_~ ~ where mobile homes are a oermitted use and the~,e ....... -_~-.m,~ tO bi ~',_---'~.-_-_'-'.-~_ ........ ~',~T~ de','~,opmenL However. due to the ,-.._-..-..-_..,. _-;~.~.~ SUrges arid h~h winds from ~ and tl~-'-:~_._~ a~of111~, and Itlat mobile homes are oatlJc~lartY wlnerable to ~. no addtlfma/~ wi be zoned for mobile home de~xxnent within coastal · ~,-:'.-_--=_+_=- ,'~ ;-.'~-~i-.-:'~-;¢,al _-,--.-'~-::--~- ~ -"'-'-'~--"'-~ to ChaL'az~_. 1~3, Asterisked (') ~e~ II't oftlv !___~J~Lad_ I~/the iurlldictk~ Itltld dire~v lbov~ the policy_. ~'t'g OF X, DWI~T R. BRO~, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a tru~ copy of: ORD~ NO. 97-63 Wh/chwas adopted by the Board of County Coneaissioners on the 28th day of October, 1997, durin~ Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of November, 1997. nwi~rr ~. naOCX Clerk of Courts and (l~k '. ~Y: /s/ Susan Barb~ett~' ..- Deputy Clerk/~ ORDINANCE NO. 97- 64 AN ORDINANCE AMENDING THE GOLDEN GATE AREA MASTER PLAN OF ORDINANCE NUMBER 8g-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COU, IER COUNTY. FLORIDA; BY AMENDING THE GOLDEN C,~TE AREA MASTER PLAN; BY PROVIDING FOR SEVERABILFFY; AND BY PROVIDING AN EFFECTIVE DATE. 12A WI-IER:EA~. I~e De,raiment of ~ Affairs did review and make written objections to GOLDEN GATE AREA MASTER PLAN Amendments to the Growth Management Plan and transmitted Ihe lame in wla-~g to Coaier County within t~e time provided by law;, and WHEREAS. Coaier ~ has 120 day~ from receipt of the written objections from the ~ of Commu~ty Affairs to adopt, adopt with changes or not adopt the proposed G~N GATE AREA MA~TER PLAN Amendments to the Growth Management Plan; and WI-IEREAS. Ihe Board of Cotmty Commtss~ of Collier County did take action in the maf~er ~ by law and did hold ~ hearings concerning the edopfio~ of the GOLDEN GATE AREA MASTER PLAN Amendments to the Growth Management Plan o~ October 28. 1997; WHEREAS, all applicable substantive and procedural requirements of law have been met; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: J~G~].Q~J~: ADOPTION OF AMENDMENTS TO THE GOLDEN GATE AREA MASTER PLAN OF THE GROWTH MANAGEMENT PLAN, This Ordinance as descflbed herein, shall be known as the GOLDEN GATE AREA MASTER PLAN Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Manageme~ Plan GOLDEN GATE AREA MASTER PLAN Amendment is attached here~ as Exhibit A and incorporated herein by reference, ~..~**~k.~: SEVERABILITY. if any phrase m' portion of this Ordinance is held invalid or unconstitutional by any court of competant ~~, such porlio~ shall be deemed a separate, distinct and independent ~ ~.d such hoidir~ ~ m affect ~ var, dity of the remaining portion. The ~ date of this Amendment to Itm GOLDEN GATE AREA MASTER PLAN shall be Ihe date a final order is issued by Ihe Departme~ of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184, Florida Stafldea, ~ ~ ~. NO development o~lees, ~nt permits, or land uses depefldent ~ lt~ Element may be ~ o~ commem:e before it has become effective. If a final ord.' of nonconlp~nce is issued by the Adnlklistratton Commission, this amendment may I~varlbekl~ be made effective by ~ of a Resoh.gion affirming its effective status, a copy of which Re~olution shall be sent to Ihe Department of Community Affairs, Bureau of Local Planning, 25~ ~humard Oaks Blvd., 3~ Floor, Tallatmasee, Florida 32399-2100. PASSED AND DULY ADOPTED by lhe Board of County Commissioners of Collier County Fo.M AND LEGAL ~UFFIClENCY: A~I~I'ANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLII~UNTY, FLORIDA ~R~ 12A COI.,LiER COUNTY GROWTH MANAGEMENT P I.A2q Illl 12A I COLLFcR COUNTY BOARD OF COUNTY COMMISSIONERS Honorable Barbara Berry Honorable Timothy Constantine Honorable Timothy Hancock, Chairman Honorable Pamela Mac'Kle Honorable John Norris COMJER C~ PLANNING COMMISSION Michael A. Davis, Chairman Michael J. Bruet Russell A. Budd FUchard Nelson Edward J. Oates Michael Pedone Rus~ll Pdddy Fred Thomas Jr. Donald J. York DIVI~ OF' COMIVt. INtTY DEViS_LQPMI~NT Vlnce~ A. Cautero D. Wayne Arnold Tim Billings Bill Bryant Tom McDaniel Jason Sweat David Weeks TABLE OF CONTENT~ L Counly-~ Plenning Process Gate Planning Process 4 IMPLEMENTATION SECTION A. GoM~, Ob~ argl Policies B. ~ Use Designation Description 1. Lkban 2. Estates 3. Agricultural/Rural Settlement IV. ~JPPORT DOCUMENT V. APPENDIX 1 - CONDn'K)NAL USES VL APPENDIX 2 - COMM~ LAND USE NEEDS APPENDIX 3 - GGAMP QUESTIONNAIRE RESULTS VIII.APPENDIX 4 - PUBLIC PARTICIPA~N SCHEDULE 1 2 3 4 $ 7 Golden C-~e Mast~ Plan Study Areas * High Density Residential Sl. lbdi~ Urban Mixed U~e Activ#y Center ' CR-951 Commef'cial In-fill Deli~ion* ~ Gate Parkway ~ional Office Commem~ D~stltct* Golden Gate Estates Neighborhood Centers* Randall Boulevard Commercial District * 'Adoptld Portion 5 5 8 8 19 25 3 11 13 15 17 18 21 23 I, INTRODUCTION Co~er County has experienced a tremendous rate of population growth since 1980 and the lrlmd is anticipated to conthlue. In response to the anticipated population increase and the Gn3wth Manage~ Act of 1985, CoBer County adopted a revised Growth Management Plan in Janua~/of 1989 al part of a Itatewide effort to effec~ly manage growth. The Golden Gate Area (see Map 1) hal grown at an even higher rate than the County-W~de rate since 1980 and is projected to contribute significantly to County. VV'Kle growth in the futura. The Golden Gate Area was I:)l'~viously subject to the regulations outlined in the County's ~ Management Plan. However, in 1991, the unique characteristics of the area 1 P~-,;'~' ;"~:,T;;~._".'~.."~"'_. ? ~'m_. ~a,3ageme~t Plan and supersedes Objective /;~,'.;'-'~;_"~,W~ "'u~7. _ I'? m ~ ~,ourll~-~:le Futul~ [.and Use Element. All other · ..~,~,m, ~ an<3 Pollctel coati#led #1 the Future, ~ '. ~.~y~ use ~lement aaa all other _,, C.o en C. e ^r.a Land Use Map , Jl In April, 1998. the Boan~ of County Commissioners adopted the Evaluation and Appraisal (EAR) for Collier County. Al a mi[Iff of the recommendations made in the EAR. Ch'dinance 91-15, which adopted the oftgtnal Golden Gate Area Master Plan was repealed and a new ~ 97- ..._. was adopted. The ~ sectto~ ~ In introduction to County-Wide and Golden Gate The IMPLEMENTATION STRATEi3y places the Plan info effect. Strategies have been dev~ to ~ land Ule: pub#c facilities, and natural resources, This ~ Ilia inCkKJel ~ GOltl, ~$, and Policies, and the Golden Gate Area Future ~ Use Map. The E4JPPORT DOCU..M~".~".~".~".~".~T outlines data and inftxmation used to develop the imple~~ stmtogy and the Goals, Objectives, end Polk3es. GOLDEN OATE AREA MASTER COLLIER COUNTY. FLORIDA PLAN ,3 12A 1 ~', ColI~ County ~ a n~w~ ~ Plan in January of 1989. 1'1~~ ~ d Courlll# llxl J~m~k:~pIJ~te~ Ulrougttou~ ttm State ~ ~ to 2. 3. 4. 6. 7. 8. 9. ~ UN; Housino; Public FlclitJel; ~ Impmvlmm~ ComervaOon and Coastal Ma~gem~t ~ ~ Goals, Obje(:ltv~ ~ Polk:Ms. The secorgl section is the Land Use Data and Armh~s. Poicy 4.1, conl/'Jed wflhtfl Ihe OOMI, OI))ectt~l end Policies led=tx)n, states the following: Nalural Re~e~ro~, Fulure Land U~o. Walm' Ma~egem~qL Pub~ Facilities and other IZA ~ ptaces ~tm plm into ~ Imp~en~mion strnteg~ inctude ~e Goats, and Policits, and Itm tJnd Use ~ ~ S~ion. 14 POIcy 1.1.1: The URBAN Fulure Land U.e ~ sba! ~ Futura land Use ~ b. C~-~5~ ~ ~ ~ ~ c. Comm~n:~ Under Oiter~ ~ d. Int~ ActN(ty Cef~ ~ · I ' .u.i ' The ESTATES Futura LIn'K/U~ ~ sh~ll incJude Futura Land Use DistricLs and ESTATF_~. MDmn t__m~_ ~ 0. The AGRICULTURAL/RURAl. Future Land Use Designation shall include the folk:~ng Ftflum Land Use DLstf~ ~ U# request~ si'mi m:l'mre to ttte guidelines out~*n'~:l in ttm Conditional Use OBJECT~ 1.2: Pelcy 1.Z2: Poky 1.2.3: ~ ~ on an annual Poky 1.2.6: 1.3: Co~y shal ~ ~ I~d pms~ve ~e valuate naomi resources wffhin ~e Pok~ 1.3.1: The Pk~ ~ ~ Rev~w I~ff shall coordhlate with all offier units of The ~ Ge~ A~I ~ p~ Ihll bi updl~d v,~'dn a ma~o~ab~ time pedod after Provide a Ihdng ~ which i~ ae~ttetlcally acceptable and enhances the quality of life. Pek'~ 1.4.1: The Counly'$ Code ~ Board ~ stric~ e,force ltte Z~ _'SYc~..._m ~r~._~_ Land The County re(:ogniz~ Itmt the Soulhem Gold~ Gate Estates ama omie,;t(SGGE), as ~~ F~~~~ ~.~a~a~~ ~ ~S~ R~ ..... --' '"-- ...... I -------- .... r "'--"" --'----~1 '--' r g '-- ~-~2q~ ~'- ~-" ~ ...... ~=~ ........ ~----' _-- _~o,~ ,. t~ ~~ ~l. 1¢ ~ ,M -*---=--. ,,...,..... ~--. ,,r~,.,,~ nl:D Bureau of ~ Acquisition's designee, as n OBJECTIVE 2.3: In order to further this Goal. Cot~t County recoc3nizes the DEP's Wgrk Plan and time frames for comDleflofl of ltm ream)misal and Duff:base of lands in SGGE · Rel~ of linde tN Daclflll:m~. 11~8. ualna the Uniform Sta .ncta__rde ~f Pr0fe~$i0nal ~ the lime frmne8 deaat)ed in ~ 2.3 _=__hCWe. if either the reavl;)raisal or mJmhale is nc~ oomoleted bvltm __de!el__ ~ in the Work Plan. the Boerd of Count,/ Cmllmlllimlm~ wil ~ tim moe~a~_ lo amend Itm Growth MaruJ,3emeflt Plan to delete Goal I<;heduled comolelX)fl date of Decatur,. 1998 ~ in the Wock Plan. 10 The ~ section ~ the Iht'N land use design--s shown on the Golden Gate Area Future Land Use Map. These destgllation$ generally irMicate the types of land uses for which zoning may be requested. However, these land use designations do not guMantee Ihat a zor, ing requeet will be aplxov~. Requests may be denied by the Board  :~'e~t~with ~ or ~::h..._~ ,me~__ ~1 centera shall be detem'~ined at the time of ~ ~ ~-. . pA---, ...~.~ ___ ~ .., -- . ................. "~ .... ~;~ ~.'~-~.~ '-..-'///////~-. ..... ~:1 ......... ,--=-, -~.g-~.-.C~ u~ D~k;~ enu urea,"_ C~Ti~,erci~J Dis~'..~ ~Jbiec( to ~ defJ~ and rt~¥.l~u~-~$ as ou~i~ in the Collier Land ~-r. mt Code ~~ 91-102. edooted October 3Q, 1~1 ~.w-,~i',~'A with lC,.~._~_~ _m,?_..,kemm~ Jn F .Io~!da__ S'~_--~._._,t_m~_ ~C ..~-r 419.01 F.S~)~ ~ The boundaries of the Urban ~ areas have been established based on ~ facto,,, irx:k,ding: · land needed to a~:ommod~e growlh. $~ The Urban Desig~ will a~o ac~ate future non*~esidential uses including e~ se~ N ? by It~ rno~t ~ ~:Jopted Collies' County Land Oev~oprnent Code. ualer I:~ non-residential land uses may include: · commt~ity facilities such as cttutche~, cemeteries, schools, fire and police stations; utility and commtmlcetton facilities. · support medical facilities ~4Jctl as phy~::tan's offices, medical cfinics, treatment, researcfl and rehabilitafiv~ cente~ and pharmacies (as long as the dominant use is medical related) may al~o be peflvtiffed provided they are granted concurrent with or located within '/. mite of extettng or approved hospitals or medical centers which offer Ixtmary and urge~ care treatment for all types of injuries and traumas, such as, ~ ~ ~ lo ensu~ thlt It~ ~ of such ~ medical facilities are I! ',L ........... }_~ 9~_~ .... GOI,DEN GATE AREA FUTURE LAND USE MAP COLL,[F.R COL;.~'T¥. FLOR[DA R~8£ 12A 1 N 13 14 , 1~ clw~ina un~ - ~ 8n A~ Gen~e~ · r r HIOH D~ RESIDENTIAL SUBDISTI~ICT 19~9 BOUNDARIES OP ACTIVITY CENTEI~ ;i ,L Urban DflUtm The Ac~ Cenl~ d~ on ~ F~ ~ ~p is i~e~ to a~mm~ate ~ ~ ~ ~ U~ ~~ Ama. A~ ~mem am intend~ ~ ~ · ~~ ~ ~e n~ and e~ ~mme~al zoning in ~ ~ ~ ~ ~ m~ ~ a~~, to a~ s~p and ~~ ~ ~ ~1 de~e~, and ~ ~a~ f~l ~in~ ~in ~ ~. ~ ~ ~ ~ ~ ~ A~ ~ is o~i~ on Map 3. The ~tondard for inte~ of uses wtltttn each Activity Center is that the full array of cornmen:/~ use~ may be a/lowed. Hotels and motels that locate within an Activity ~ will be allowed to develop at a density consistent with the Zoning Ordinance. AJI rtew re~k:Mfltlal zmlirlg Nlall be consistent with the Density Rating System. Existing commercially zoned and developed areas which are not within an Activity ~ or dO not meet other commercial siting criteria will be allowed to expand only tO the extent pemlttted und~ the zoning cla~Nfic~n for that prope~y. Expansion im~ ag~ of addlllonal properly occurring after adoption of this Plan shall 17 UP. BAN MIXED USE ACTIVITY CENTEI~ GOLDEN GATE PAItKW'AY AND CORONADO PARKWAY Z~ 13 21 CR-651 Commer~M ll~flll $~bdlstrlct Du(i to the existklg zollklg ~ blrtd use I:)attem irt the Commercial In-fill Subdistdct (e4e ~ 4) art4 the riced to erlsu~ adequat~ development standards to buffer ~ljaCent land u~e~, cOfllmiHt:~ u~es shall be pe~nitted under the following cdteda: b) Planned U~ ~m ~ ~ PUD ~s e~t f~ ~ mu~ ~ m ~ ~ ~ (~.~) Gme Ama ~er ~an); d) Drlveway~ and curb cula for ~ w#htn Ihe C, ommetc~ In-~li area shaft be e) ACce~ to ptOjec~ sltMI Ilo~ I~ pefmilted from CR.951. 19 C.R. 951 COMMERCIAL INFILL DISTRICT ~ Counw. FIo~'icla --'- Dui ~'~"~ /I \ -, 1 ,Ui--i I 11 [ I I 1 15 12A 1 the Urbart-ldixad U~4 District certain in-fill Commercial development may be pMmtlt~. ~ ~ ~ apply irt areas already substantially zoned or developed for such unas. The following standards which limit the intensity of uses must be met: a) · Mu~t be bounded on both sides by improved commercial property or corrmmmtal zoning consistent with the C.-,olden Gate Are_- F'4,_,r_- L~'J_ U'~ ~ or compatJbl~ exception as provided for in the Zoning Re-evaluation ~; and Should not excNd 200 feet tn width, although the width may be greater at Uses that meet the intent of the C-1/T Commercial Professional/Transitional commerc~ properly or consistent commercial ~ or commercial propeffy ~ an exemption or comp~ exception as provided in the Zonk~ R: =-4~mion Ordinance. 4) Ineerltate AcOWY On the fflng~ of ~ ~ ~ Am~ ~ster ~an ~u~a~s, there am se~ml ~ ~ am ~ ~ ~ ~ A~ Cemer ~ 1-75 a~ Pine Ridge R~d as ~ ~ ~ ~-~ F~ ~ U~ E~ (FLUE). P~s ~in ~is A~ ~ ~ ~ ~ ~ ~~ FLUE ~ Map S f~ I ~ ~ ~ ~ A~ ~ter A 21 g U 12A A g ld The uses rmm~led ~ INs district am oeflera~h, Iow intensity, office development and ~ tvae useL such as ~. which will minimize vehicular traffic, I! 1( ~:~l~fOrO~'s~~. TyplcMIotsam2.25acmsin stze. kk~m~, trmm am The Estates ~ also acco~~s ~ no~~ uses i~t~li~g: · F_~m~lv~CamF-~e~--- .if--m~- .m~d- I~m~T~ than ~¢6) ~s shall :,~-.T,~ iff mslder~-.~ _~_~, · Groue ~ F~. · Adult ~ Uvkl~ F_~m-~.~k~. ~ · Nutone Homes. ~ ~ ~ shall be cormstent with ell of the ~, Objectives and ~ be allew~ wllhlfl I~ ~ I¥1b~ UN 6ubdlstrtct ~t a maximum The nocM .t Ihe NE mmdrant of W~lson and Golden Ga~e I~utevards is ~ S al ~ l~e a~ ~ ~is~ ~ Tm~ 1, UnK 14, The node at CR-951 ~cl Pine Rkk3e Rol~ is Ioc.3ted on ~ s~s of ~~. T~ 1~112 ~ NI~T~ ~3, Un~, ~ ~ ~ ~ ~ ~ ~t~ ~ ~ ~ f~ ~~al ~ ~ S1~ ~T~ 113 a~ ~ EI,~ ~ T~ 107, Un~ ~ ~ ~ ~ ~ ~ ~e ~ a~ ~ t9 ~ u~ for ~er, ~..'~- -":'.-~.:~:-...;..~ .~datteda for develgpment at the nodes are as follows: Limited to Iow intensity transdional commercial uses mat am compabble yam bom relklem~ ~ ~1, Intermediate commercial to provide for 8 wider variety of goods and sen4ces in ames ~ have a higher degree of automobile traffic. These u~el II1lll be limillf to C-1, C-2, or C-3, zoning districts outlined in the Colier County Land Oevek)pme~ Code (Ordinance 91-102, adopted ~ 30, 1991). 27 12A 1 i~ulum ~ uleI ere limited to -lg. eeme *_.,~_ -_~=~! "-,",!7 ~.c ~ .......... .~ ~-.. CR.g51. This Netghborlxxxl Center may I~, devMooed at 100~ Cgmm~l and must prov~l, .e internal circulation, and any mZOlli~ is eflcouraged to be in the forrrl ~ a PijD. This Netahbothood Ceslter may also be utit'l~ed for single family residential or ~ allowed in the Estates zoning district such as churches. soCIM or fratemII orgar~.afions, child care canterl, schools, and group cam facJbel. The pa'ce~ ~ a~acant to the exmtng commercm zorn. at Itm Condiltonal Use ,~xlistrict of this Master Plan Element. A single PrO~ ,troll utllize, l~2.~]g~:~..I~ e~ 50,,,6 of the total allowed commercial m~eege. The percentage may be irx3'eased at the The project Is encouraged to make provisiorm for shared parking AccIll peinll lllil be limited to one pe~ 180 feat commen~ng fi. om the ~ghl-~-way of ~ miler interleclina Itmet:l of ~e,N~.--~h~moo~ Cenllf. A maMm[~ of throe curb cuts ~ quadrant shall be allowed; ~ ~ ~ ~ Iha# be conIolldated v~ m:tjolning Projectl dimctty Ibutling Estates zoned property shall provide, at a mimm~m. 1 7S fool buffer of retained nmive ~ in which no ~ or wIler mmlaaeme~ u_-e/am I~m~tte~;exca~ t/~et for valid. Projects shall provkle a 25 foot wide Type C buffer, as described in the GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS Ill ~i'E~STATE- 75 21 12A l) '" -.~-,-.~-.--~-- e~,~=x.flged tO be in t~e form of a PU~ 4d"i · · · 12A RANDALL BOULL~'ARD COMMERCIAL DISTRICT Cotlier County. Florida LEGEND ~ Essential Sen~:es Conditional Use-...,~...u'..h =m _"J~..,.n~..~. =: shall be allowed anywlMm wilhin the Es~_.es Zoning District. and ...~h~,;_h are defined as: ! gov~'nmefltM focili6~_ .h.._,~_~.._~. ::_..=: (except for tn0Se Permitted Uses identified in ~ 2.6.9 of the Land Development · public WarM' ~ I<:qulsitJon withdrawal, of extraction facilities, ~ ~ CondWo~ uses (except essential sefV.:es} shall not be permitted: On Goid~ C-.-.-.-.-.-.-.-.-~I Parkway withifl Ihe Estates Designated Area west of Santa On Ihoso parcMo ~ ~ to the west Nde of CR.951 wilhin the Estates Designated Area urflos$ the parcel is climctJy bounded by conditional (~<;)3, c)Cofldittonat uses shell be limited to Netghbomood Centers sut:wct to the · a~-. The project shall provide adequate buffedng from adjacent properties; and I~., I:~ shall coordinate access management plans with other projects within the A~ev#y,-~ N~ Ceflter flodes to foci#toM a sound traffic movement pattern. d) ~ .~¢eondition~ uses rn~ be granted in Transitional Areas. The Ixal:x3~e of Ibis ~ b to allow cond'~Jonal use~ in areas adjacent to flo~.msidef~/uses genefuly not appmlXtam for mstdentml use. The cofldilMflM uso will oct as · Iran~iltonai use between non-residential and residential areas. The folowing cWifll M IPl~ fo~ T~I Caxltlamt Use requests: * a,. Sao shal be dJmc. y adjaa~ to a flofl-msidemM use (zoned or devMoped); l! e Cent, shall be 2.5 acres or more in size and shall not exceed $ acres; · ~ CondWor~ uses shall be located on the allowable acreage directh/ e, Sit~ stol not be ~d~to a church or other place of worship, school, social or~~. ctdld ~ centre', corn~ home. hospice, rest home, home for Itm age4, ndult fostor home, cMdmn's home, rehabilitation Site shall not be ~ to EslentJal GeryJces, except for libraries and muleufT1s. Projlcl ~ I:XOvJde odoqulto txJffeflflg from pdJacent oropertJes allowir~ 3, AGIqaCUL~ ~TION - SETTLEMENT AREA DISTRICT SMtloment Area ~ This area consis~ of Secbons 13, 14, 23 and 24, and a portJofl of 22, Township 48 South, Range 27 East (the former Noflll Golden Gate Subdivision), which was zoned and platted between 1SM7 and 1970. In settlement of. lawsuit pertaining to the permitted uses of this property, fids prope~ has been "Vested" for the uses specified in that certain "PUD" by Settlement Zeroing granted by the County as refefwnced in that cMtain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1988. This area is now known as I~ Orange Tree PUD and the typ~ of uses ~ am descfl~ in the PUD By cMMgnltJon ~ the ~ ~ ~ nm:J ltm ~ ~ Area Master Plan as Setllement Ama, the ~ ~~ ~~ ~ ~~ ts ~ ~ U~n ~ ~ ~ ~ ~ ~ ~ ~ s~ ~s a~ f~s. ~. I~ e~st~ ~ ~ no ~ ~ue ~ eff~ ~ far as jus~ng ~~ ~ ~ ~~ ~ ~ ~ ~~ as a ~ u~ di~ for any 34 STATE OF FLORIDA) COUNTY OF COILIn) I, EMIG~ B. BROCK, Clerk of Courts in and for the Twentieth JUdicial Circuit, Collier Count3f, Florida. do hereby certify that the £oregoing is a r~ru~ copy o£5 NO. 97-64 Which was adopted by the Boa~ o£ County ¢ounissioners on the 28th day of October, 199~0 during Regular Session. WITNESS my hand and r~e official seal of the Board of County Commissioners of Collier Count'y, Florida, this 5th day of November, 1997. BROCK Clerk o£ Courts and Clerk .%tits ,, Zx-o££icio to Bo&rd of .,%~ -.. ',, Coun~,y Countssioners ~' '., c ;. ':' '". ~' /s/ ' Sus~ .~ , . ~. ORDINANCE NO. g7- 65 AN ORDINANCE AMENDING THE IIdMOKALEE AREA MASTER Pt,AN OF ORDINANCE NUMBER 89.05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCX:)RPORATED AREA OF COLLIER COUNTY. FLORIDA; BY AMENDING THE IMMOKALEE AREA MASTER PLAN; BY PROVIDING FOR SEVERABIUTY; AND BY PROVIDING AN EFFECTIVE DATE. pedk:ipel~ Ihroughout ~he 1906-07 ~ amendm~t i~x:ess; and WHEREAS, ~ County did submit ~he 1996-97 Growth Management Plan Amendments to ~ Depam~ent of Community Affairs for preliminary review o~ Alii 29. 1997; and WHEREAS,. the Depertment of' Community Affaim o"~ review and make written objections to IMMOKALEE AREA MASTER PLAN Amefl~ to the Growth Management Plan and IMMOKALEE AREA ~ PI. AN .Nllendme~s to the Orowth Ma~mgement Plan; and W14EREAS. ~ BoaM of ~ ~ of Collier Cour~y did take action in the IMMOKALEE AREA MASTER PtAN Amendmer~ to the Oro~h Manegemem Plan o~ October NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Ihat: ~: ADOPTION OF AMENDMENTS TO THE IMMOKALEE AREA MASTER PLAN OF THE GROWTH MANAGEMENT PLAN. Th~ Om'inance as deacritmd heroin, ahall be know~ as the IMMOKALEE AREA MASTER County ~ Managemeftt Plan IMMOKALEE AREA MASTER PLAN Amendment is attached ~F~[.~: SEVERABILITY. If any phrase or ~ of this Ordinance is held invalid or uncormflflJUonal by any court of oompekmt ju~dlction, mJch IXXtion ~ be deemed a separate, distinct and independent ~;~[.~[~: EFFECTIVE DATE. The effecllve dele o~ ~ ~ Io ~ IMMOKALEE AREA MASTER PLAN s~ll ~ ~ a ~ ~ b ~ ~ ~ ~ ~ ~~ ~alm ~ ~m~t~ ~~~~~~~~~ 163.31~, ~a ~~~~~~~~~~e. If a fl~l ~ ~ ~ ~ ~ ~ ~ a ~ ~i~ ~ ~e~e s~. a ~y of ~ ~ ~ ~ ~ ~ ~ ~ ~ ~n~ Affaim. Bureau ~ ~1 ~nni~. ~ ~ ~ ~., ~ ~, T~, ~a 323~21~. COUNTY A'rrORNEY BOARD OF COUNTY COMMISSIONERS COLLI~UN'J'~, FLORIDA TIMOTHY L/HANCOCK CHAIRMAN 1997 IMMOKALEE AREA MASTER Pt..aN 2 COLLIER COUNTY GROWTH MANAGEMENT PI_AN FUTURE LAND USE ELEMENT IMMOKALEE AREA MASTER PLAN IMMOKA! FE MASTER PLAN COLIJER COUNTY COMPREHENSIVE PLANNING SECT1ON ~for COLUER COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 1997 AMENDMENTS TO COLIJER COUNTY GROW'TH MANAGEMENT PLAN IMMOKALEE AREA MASTER PLAN 12A NOTE: THE SUPPORT DOCIJMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. TAeI.E OF CONTENT~ L IMPLEMENTATION STRATEGY · ^. Gore, Celecem an~ Pekte~ °B. Land Use Designations and Future Land Use Map ~IJPPORT DOCUMENT - STUOY AREA INVENTORYIASSE$$1~.NT A. Intmduclk~ a. Histo~ of lmmokalee c. ~~ D. Land Use. ~ and Futura E. Nafural Resources F, Public Facird~es LIST OF TABLF~ IN ~JPPORT DOCUMENT 1 Estimate of Permanent Poputal~on 2 Age Distribution (lg~0 and 1990 Census) 3 Racial Compartson (1980mxl 1990 Census) 4 Estimated Population: Pemtane~ ~easorml & Peak Season Tolals - ~ 19g0, 1995 & 2000 S edm~ Lind Use (~) 7 Futura I. and U~ ~ Ag:mag~ 8 ReskJential HouMng ~ 9 Pa~ Acreage Demand 10 Suilabil~ of 8oll ~ fo~ E~tc Tank 12 Traf~ Counts (1997-2002) Page 6 9 1 1 4 7 21 33 4 5 6 7 10 12 15 18 19 26 T~.E OF com~=~s UST OF I=K3UI~__$ IN SUPPORT D(~'~',~.~NT 1 lmmokalee Planning Commun~ Map 2 ~rm~oka~ee F-~t~g Land Use Map 3 I~T~~~~Map 4 A~ ~ M ~ F~~ 6 ~ ~ As~ ~ ~r ~n~ De~lopment P~ 9 A~~e L~ ~ ~ R~nam X~ Oak 11 W~ ~~. ~W~& ~r 12 I~ W~ ~~ 13 Im~ W~ & ~ ~ PomMe Water 14 Im~ W~ & ~ ~ ~ ~ ~s Ma~~~.~~ 16 Im~~ 17 ~ R~ N~ I~ APPENDIX I-A: /LaPENOlX II : Nq~ENDIX m: IV: ~V: Detai~ecl Population Study for Immokalee ~ng Populallon ~n Immokalee Collier ~n~ Comprehensive Planning Sectfon for further infon'nation. 3 11 16 22 21 25 28 29 30 31 37 38 39 41 43 45 52 1{ IlL IMPLEMENTATION STRATEGY This ~ is where the plan is placed into effect. Implementation strategies include Goals, Objectives, and Policies, and the Land Use Designation Section. A. GOALS, OBJECTIVES AND POUClES GOAL 1: TO MAINTAIN A HIGH QLIAUTY OF POPULATION ESTIMATES THAT EMPLOY AN APPROf~ATE MIX OF CENSUS METHODOLOGIES C(~S/STENT WITH FLORIOA STATE PLANNING REQUIREMENTS AND THE UNIQUE NEEDS OF THE IMMOKALEE COMMUNITY. OBJECTIVE 1.1: Provide accurate annua/estimates of Itle housing units and the population residing in the Immokalee community. Estimates will be coordinated with Collier County and ~ State of Florida's planning procedures. By 1990 population estimating standards and projection procedures for the Irnn~kalee commu~y will be developed and implemented in a manner that ensures that these standards and procedures are well maintained over time. Policy I. 1.1: Employ timely Immokalee population estimates in establishing and maintaining adequate housing and Level Of Service (LOS) Standards to ensure the community is adequately served by the Immokalee urban area'$ sanitary sewer, solid waste collection, sub-surface drainage, and potable water systems; roads; and recreational facilities. Policy 1.1.2: Provide for an uncomplicated and eff~ient process ot' gathering and monitoring the population-related information gerierated by Ihe independent Immokalee Water and Sewer arid Fire districts; the Collier County Pub/it Schoo/s; Sta{~ ~f Flodda S4ate-entities including but not limited to, the departments of Agriculture, Community Att'airs, Health and Rehabilitative Services, and Lalxx' am:l Employment Security; and Federal enlJties incJuding but. not/imbed to, the Public Health Semtce and the U.S. Postal Service. 14 LAND USE ENHANCE IMMOKALEE"S QUALITY OF UFE, NATURAL BEAUTY, ENVIRONMENTAL QUALITY AND SMALL-TOWN CHARACTER, ITS STABLE NEIGHBORHOODS, AND ITS STATUS AS THE URBAN HUB FOR THE SURROUNDING AGRICULTURAL REGION. OBJECTIVE I1.1: Ufllea othewise petmitled in thil Miller Pllfl for Immokalee, new or revised uses of land shall be consistent w~ de/ignallo~ oullrted off the Future Land Use Map. The Future Land Use Map and comp~niofl Futlxe Lartd Use Designations, Districts and Subdisb'icts shaft be binding on Iff Dev~lopmeflt ~ eflrecllve with the adoption of the Master Plan for IrmTtOkaMe. Through the ma~, location and ~uration of its components, the Future Land Use Map is designed to coon:lMate lam] use with the natural environment including topography, soil and other resources; maintain and develop cohesive neight)o~ood units', promote a sound ecortomy; and discourage undesirable growth and development patterns. (This objective shall f~.lpersede Objective 1 in the County- wide Future Land Use Element of the ~ I~t Plan.) Policy I1.1.1: The ~ Melter Plan Futlxe Land Use Designation shall include Future Land Use Reudereal Desiormltc~ 1. Low R~ Dish, icl 2. Mixed Residential District 3. H~gl~ Res~lent~ Dmdct Cornmerc~ ~ 1. Commmcid Disbtct. S~ate Rold 29 and defferson Av~. 4 2. Neighbc ood Center District 3. Commerce Center. Mixed Use Distric~ Indu~tria! Desionatiot3 1. Industrial District 2. Commerce Center- Industrial Distnct 3, ~usiness Park DisL~ Stm*tdan:ls end permit~d uses for ~ Immok~le~ M~stm' Plan Future Land Use District ~ ,~Jl:Mis~ ~ idefffff'led in the ~ ~ Description Section. (This Policy shall supersede Policies 1.1 and 1,3 in Itm County~e Future Land Use Element of the Growth ManaGement Plan. Iq addition, the ImrnoluUee Master I:~an Future Land Use Map shall be used instead of the County*wide Future Land Use Map.) Policy 11.1.2: Collier County shall closely c:oordit~M lt~ Iocadion, 'dining, intensity and design of future deve{opment This policy shall be implemented Ulrough the County's Adequate Public Facilities Ordinance. Poffcy ff. 1.3: ~ use transition between lower ~ higher Intensity uses shall be achieved through the use of natural vegetativ~ open space buffe~, Physical beniers such as ben'ns, hedges or other landscape cover, setbacks and height limitations as described in the zoning and landscape sections of the County-Zoning O~dinanc, e Land Development Code_ ,A-~i~,ed~~~ ~e;'ef,;_., -'-,-, ,-,- -,-,,,.,...,.=d- ,.,..~., ..... 'C'-' -.'? .... " ....."",' ....... :;.---.: -. ~ .'="..~.'"'l. Il "' "":""-,,', ~/~,---- - ~ ' . ...... :..,, ..... :- . 124 Po -y Land uses ~ meet the residential flee~ Mlhe Immokalee community (e.g. day cam. health care needs, schools, grocery shoplMrig, ~) shall be designated within a reasonable walking distance of those portions of the community which are or will likely become hea~ity pedestrian in nature. Exis§ng agriculturM aclMties ma~ coMIflue ~ the Urban Designated Area. New agricultural uses are permitted as long as they do not become either a nuisance or create noxious conditions. Policy B'v 1998. the Comoreheo$1~e Plannk~ ~ arK] lhe HOg.-.'.,~ and U .rb~.~n Imorovef~n~ disb'ic~ in re!ationshk) to the r~ efforts of South Imrr~ and the ~velocx'nent efforts takina place ~ ~ Imrr~._. ,';.~; Emerpfise ~.one,  Ar h I u buffering architectural charact~ 12A OBJECTIVE 11.3: Encourage ~novatfve apg,,oaches in utt)arl and pro~ect design which enhance both the enva'or,~ ~ the visual appeal of Immokslee. ~ Policy 11.3.¶: By September ~,9{34~ the Public See, ices Wof~<$ Division ~ om~'~ Oe,/-~-qopment ar~ Eil~ntal ~ervice~ Divi~on shall seek to identify alternative ~ ~ and implement [t~t are compa~.,~e wi~ ~ Immo~._~ Main Street prooram and RIKlev~lopment Ptan.._ poacy u.3.2: VV'f~M a proposed jxoject deafly domo~es ber'd~'~ ~ k3w to modecate income citizens ~ ~ ~fo~a~ housi~ ~ eflrumces the ~ocal ~¥ ~/cre~r~ emHoymem ~i'6es. ~e Board of ~ Co~s~om~s may direc~ as necessary, amendments to the lmmokatee Master Plan o~ ~ ~.and Developrn~! Code to provide f~ the OBJECTIVE 11.4: Provide rand use designations, criteria and zoning which recognize the needs of that signif~..ant portion of Immokalee*$ poptgalton which is pdmarity pedestrian in nature. OBJECTIVE il.5: Recog~ the IncmaNng need for fa~n labor, to e~suf~ an adequate number of decent, safe, heal~ful, end affoMable hou~ units fo~ fm'm wo~ in Immokalee, sites hOL~ for farm wo~kef~ which complies ~ sectio~ 10D-25 of Florida's Administ~atfve Code and the Housing Code of C,~ ~ shall be designated so as to keep pace with Policy 11.5.1: New development for housing for seasonal, temp<xa~ or migrant wor~ shall be of F~.C. (~) ~. I. ANO U~,!~ ~TION DESCRIPTION SECTK~ The foflowir~ sectio~ des~ ~ ~ ~~s ~ ~ ~e Im~al~ ~ ~an F~ure ~ Use Map. ~ desertions generally i~i~te ~e ~s ~ ~ uses f~ ~i~ z~ng may be ~~. H~'~r, these ~nd use designations do n~ guamnt~ ~at a zoni~ ~ ~fl ~ a~m~ Residential Deslanaflon This designation is intended to accommodate a variety of residential land uses including $ir~e-fanMy, duplexes, rnutlJ-farr~, and mobile homes, which does not preclude seasonal, temporary and migrant fa~ housing. (VI) 1, Low Rest,.d,,enUal District The purpose of this designafio~ is to provide for a Iow density residenUal district. Residential ¢,vetl~ngs shall be limited to single-family structures and duplexes. Multi-family d~vel;ings shall be pen-nitted provid~:l tYmy are within a Planned Unit Developmen[ Mobile home development shall be permitted in the form of mobile home sub-divisions Or I:~ and as a mobile home overlay as defined by the ~; Cc'.m.*y'..~?'--'~-~,, -. Or-dma~.e Land Develooment code. A density less than or equal to four (4) dwelling units per gross acre is permitted. 2. , M,!xecl ,R, elJckPf~l.l District The purpose of this designation is to provide for a mixture of housing types within medium density residential areas. Residential dwellings shall include single-family structure, multi-family dwellings, individual mobile homes, and duplexes on a lot by lot basis. A dem, ity less l~mn or equal to six (8) dwelings units per gross acre is permitted. . Hlah ~1 District The purpose of this designation is to provide for a district of high density residential development. Resident~l dwells shall be limited to mutt~family stnJctures and less intensive units such as single family and duplexes provided they are compatible with the district. Mobile home developments I~tall be permitted only in the form of mobile home laJl:x:~iorts or parks as defined in It~ ?...a.... ,.-~.~....... Land Oeveioee~e~ Code. A density less than o~ equal to eight (8) ~ units per gross acm is peffnitted. 9 1 Nonre$identla! U~es Non-residential uses permitled within the Residential ~ c..lasufications are limited to those uses that are compatible and/or support the residential character of the area. The allowed uses include: par~s, open space and p~o,~f-owne~ recreational uses, churches, libraries, cemeteries, public and pdvate schools, day.care centers and essential services as defined in the County's Zo~~Land Development C..ode Special Provisions 1. Density Bonuses a. Proximity to Neighborhood Center and Commerce If 50% ~ more of a proiect is within a Neighborhood Center and/or the_Commerce Center-Mixed Use ~str~:~, then the maximum density allowed within the Neighborhood Center or Commerce Center-Mixed Use District of twelve (12) units per acre can be averaged in with the density of the portion of the project outside of the Neighborhood Center for the entire project; however, appropriate buffedng to adjacent lower intensity uses must be achievect. b. Affordable Housing Provision of Al'fordable Housing as defined in the Housing Element would add eight (8) dwelling units per gross acre above the maximum density of the district; however, no density may exceed sixteen (16) units per acre, This bonus may be applied to an entire project or po~ons of a project provided that the project is located within Neighborhood Center (NC), Commerce Center- ~ixed Use (CC-MU), and all residential districts, c. Residential In-fill To ~,,ncourage residential i,n.-fill, thl'ee {3) re$~ential dwelling u,nits per gross ,aCm may ~dded if the follow}.'n~ criteria are met; the c.'oiect is ten (10) ecrus ~ le~ in 14ze~ time of development, the oroie<A will be Sel~/ed by (;entral ~ w~ie,- a.-.,1 .~%,:.~.-. at least 9!')e abutting property Jl <le'."e~-~"3e<J-: the ~ il, ¢Om~ wiltt I~-i-,..a-.,~-,.~ 14.-~ uses, the prope .dY irt question his no commo~ site deve!ooment otan with ~-~ there is no com__mon owner~ip with any ediac, e~ parcels: and the oemel in ~ waS, not created to ta. ke adva. ntaae of the in-fill l'gside~tia! deftsi~/~ ar<l was o'e ,a!aKJ tC~ the adop,tion of t, his provision in the ~r.owth Managerrmnt Plan oq, January 10. 19~9 d. Roadway Access If the project has direct access to two (2) or more arterial or coae~cx roads <x ~f the~ rs project commitment fo~ provision of interconrm<:~on of roads with existing oe futura adlacent projects, one (1) residential dwelling unit per gross acre may be added above the maximum density of the district. Commerc~l .IL:)estarmtlon The designabon is intended to accommodate a variety of commercial land uses incJuding neighborhood oriented commercial uses, commerce center uses, general highway commercial and commercial development within Planned Unit Developments. Migrant Labor Camps are also permitted within the Commercial designations. II _1.~ ComFmrrda! Ols~dct The puqx>se of this designation is to provide for retail, office, transient lodging facilities and highway commercial that serve the needs of the traveling public generally C-1 through C- 4Commercial 7-,.gqiP~ Districts as identified in the [,and Development Code. These commerOal uses must be located on a major arterial or collector roadway. A. The fei~,wi~development criteria as established in Section 2.27 of the Land Devetol:>ment Co~__e_ must be met for future development within the Commercia~ ~stricl along SR-29 as identified on Zonin~ Maps: 6932N[ 6932 S; 6933N; 6933 Si 7904 N[ and 7905 N. p rojec~-6,h a~.~ovide-a-tec~lOFfoot buf~'ccn~- right'S-waY and requh'ed ~,idewal~ke~~m f~ote~s-s~di~am ter, dscat:m plans: feet-/ A ~ o/.-.~).~~-a~ea-of4he-ioterio~~ u se-~e~ sh, a4.1 be4amj6c, am~ to (VI')B. The-~ development criteria .aS e..stablished in ~ection 2.2.2.8 of the Land Development Code must be met for future development within the Commercial District along Jefferson Avenue as denfifie~ on zonino map 6933 ~. 12 Commecc, ial.-p~'~mu~- provi<Je a4en-(-lO)--foo.t-~~ffe¢ on 2. Neighborhood Center District The purpose of this land use c. Jassification is to provide for centers of activity that serve the needs of the surrounding neighborhoods. The centers should contain a mix of neighborhood odented uses such as day care center, parks, schools, and governmental activitiesr.e~g., gec~ra~t~ovemmem-t~+*anch~rc,,e, Other development cdteda that shall apply to all neighborhood centers includes the following: ao To achieve a neighborhood character, these centers are encouraged to be anchored by elementary schools, neighborhood scale parks, and/or churches. A center should be limited to 80-120 acres in size, and will serve a population ranging between 5,000 to 7,500 people, or accommodate a service area of one (1) mile radius. c. The Neighborhood Centers should be no closer than one (1) mile. d° Non-residential uses shall be pem'~ at least 20% of the size of the Neighborhood Center. Residential development within the designated neighborhoods center shall permit a maximum density of twelve (12) units per gross acre. Residential Dwelling shall be limited to multi-family structures and less intensive units such as single, family and duplexes provided they are compatible with the district. Mobile home developments shall be permitted only in the form of mobile home subdivisions or parks as defined in the County's Zc~.,','~ C':',d;.'n,:nc~,~- I~nd Development Code. 13 Commercial development shall be permitted within a Neighborhood Center provided all of' the following criteria are met; Commercial uses shall be limited to barber and beauty shops; drug stores; deli; meat market; bicycle services; restaurant; dry cleaning; veterinary clinics; medical offices; laundry facilities; any other convenies3ce commm'cial uses which is compatible in nature with the foregoing uses. The Collier County School Board will be notified of any proposed use to avoid conflict with the nearby schools; and No commercial use shall be permitted within a '/~ mile of an existinq school property line within a Neighborhood Center; and 3 Access to the commercial development must in no way conflict with the school ~affic in the area; and The design of any proposed commercial development must take into consideration the safety of the school children. The projects within the Neighborhood Centers shall m~e encourage provisions for shared parking arrangements with adjoining developments: Driveways and curb cuts shall be consolidated V~th adjoining developments; Projects directly abutting residentially zoned property shall provide, at a minimum, a 50 foot setback and landscape buffer; Projects shall provide a 10 foot wide landscaped stnp between the abutting right-of-way and the off. street parking area. From time to time new Neighborhood Centers may be proposed. No two centers may be closer than one mile from each other. New Neighborhood Centers would require market justification and must meet size, spacing and use criteda expressed earlier. 3, (;:, omrrm,, ,r~ ,Center- I~i, xed Use District The purl~se of this designation is to create a major' activity center that services the entire Immokalee Utt)an Designated Area and sun'ounding agricultural area. The Mixed-Use District shall function as an employment center and shall encourage commercial and instJtubonal uses. Uses permitted within this subdistrict shall include shopping center, governmental insUtutions, rr,iddle or high school, community park and other employment generating uses. Other permitted commercial uses shall include tJ'ansient lodging facilities at_ 2~ dwellin~ units per acre. The, appropriate zonin~ districts include (~-1 through C-4 as identified in the Land Development C.~x:le. 14 In considering new commercial zoning, priodty shall be given to protecting existing residential uses, Residential development is permitted within the mixed-use subdistdct at a maximum density of twelve (12) units per gross acre. Residential dwellings shall be limited to multi-family structures and less intensive uni[s such as single-family and duplexes provided they are compatible with the district. Mobile home developments shall be permitted only in the form of mobile home subdivisions or parks as defined in the County's Zoning Ordinance. The mixed-use district will be controlled via a sedes of performance standards that address issues of buffering, noise, signage, lighting, architectural compatibility, lot size, parking and landscaping. 4. Ptanned ,Unit Oe-vetopme~ Commq,..rcl~l District Commercial deYelopment shall be perrniffed within a Planned Unit Development provided the following size and development criteria are reel There are three (3) categories for PUD Commercial. The commercial component within a PUD will be allowed to develop up to the maximum acreage specified in the table below. .C, ~TEGORY I PUD Acres 80+ Maximum Commercial Acres 5 acres Permitted Zoning C-2 CATEGORY II CATE~QRY !11 10 acres 20 acres C-3 C-2, C-3 & C-4 addition to the above cnteda, the following standards must also be met: Commercial zonir~g shall be no closer than one (1) mile to the nearest commerce center and no c~oser than one mite from the nearest PUD commercial zoning ol ten acres or greater in size; bo The configuration of the commercial parcel shall be no more frontage than depth unless othen~'ise aulJ"x)rized by the Board of County Commissioners; Commercial zoning or development shall be no closer than a ¼ mile lrom the nearest existing elementary school boundary; and No construction in the commercial designated area shall be allowed until 30% of the project has commenced construction unless otherwise authorized by the Board of County Commissioners. Non-commercial Uses In addition to those mixed-uses permitted within ~ the Commercial .Designations, uses such as parks, open space and publicly-owned recreational uses, churches, libraries, cemeteries, public and pdv~te schools, day-c~re centers and those essential services as defined in the ~ne~ Land Development Code are permitted. 5. Recreational/Tpurist District The pumose of this district is to provide centers for recreational and, tqudsm activity that utilizes the natur, al env!roqment es the rnai~ _attraction. The centers should contain Iow intensity uses that _attra~ toud$!s ar)d rg~idents ~il_e preserving the envirgnmental ~feature~ of the area. Uses p~m!,i~e,d in this ,district include: passive p, arks; nature preserves; wildlife sanctuarieS: open space; museums[ cultural fa~litie,s[ marinas; transient I~ facilities including: hotel/motel, rental cabins, bed & breakfast establishments,, campsites; restaurants[ recreational v~hicles: spo~n~q and recreational camps; Iow- intensity retail: single family homes: a~lriculture; and those essential services as dehned in the Land Development Code,;, Residential development is permitted at a density of less than or equal to four (4) dwelling units p,er Dross ac~e. Transient IodGinQ is permitted at a maximum density of eight (8) units per acre. Rezones are encouraged to be in the form of a Planned Unit Development (PUD). The minimum acreage requirement for a PUD shall be two (2) conti.quous acres, Industrial Designation This designation is intended Io accommodate a variety of industrial land uses such as Commerce Center - Industrial and Industrial. The Business Park Subdistrict is also allowed within the Industrial and Commerce Center - Industrial desi.qnations. (I~),(X) 1. Industrial District The purpose of this designation is to provide industrial type uses including those uses related to lighl manufactunng, processing, storage and warehousing, wholesaling, distribution, packing houses, recycling, high technology, laboratories, assembly, storage. computer and data processing, business services, limit commercial such as child care centers, and restaurants and other basic industrial uses but not including retail, as described in the Land Development Code for the Industrial and Business Park Zoning Districts. Accessory uses and structures customarily assodated with the uses permitted in this district, including offices, retail sales, and structures which are customarily accessory and cleady incidental and subordinate to permitted pnncipal uses and structures are also permitted. -Gusme~-P ' ' - , pa~~~o-~wi~t~,~:~n,,um of 40% ............ , 16 Wt 2. Commerce Center -Industrial DIGtrict The puq~se of this designation is to c~eate a major Activity Center that serves the entire Immokalee Urban Designated Area and surrounding agricultural area. The Industrial District shall function as an employment center and shall encourage industrial and commercial uses as described in the Land Development Code for the Commercial lC.-1 through C-5), Industnal and Business Park Zoning Districts. Higher intensity commercial uses including packing houses, industrial fabrication operation and warehouses shall be permitted within this District. Accessory uses and structures customarily associated with the uses permitted in this district, including offk:es, retail sales, and structures which are customarily accessory and clearly incidental and subordinate to permitted pdncipat uses and structures are also pormitted. ~Parkr,-are-ime+'~k~ioq,",,(A~m~x-of lar,,~v~'*~ped ~ea: f~ L'~m~,h !,~..,:~_:,-m-,..a~. ~ Pa, ks- mu6~bee mimm~m of4,6-a~'es io-r~-_G,=-No-~re~i~s-r,b,,ali-be pem~ted-~the-dict,'*i~t e~T, eOt4~r ~ 3. Business Park District Business Parks are intended to include a mix of industrial uses and offices desi!:ined in an attractive park-like environment with Iow structural density where buitdinq coverage rarities belween ~5% Io 45% and where !ar_~e land~ .caped areas provide for bufferin9 and enioyment by the employees and patrons of the Park. Business Parks shall __comply with the foIIowi.'.r~: a. Business Parks shall be p~ .rmitted to develop with a maximum of 40% commercial uses, Of.the type idenbfied in '(;:" below, to reserYe lan, d, within the. industrially de~iqnated areas for the intended induslrial ..u.~es and to ensure compatibility. b. Access to arterial road systems shall be in accordance with the Collier County Access bianaqement Policy and consistent with Objective 7 and Policy 7.1 of thp. Traffic Circulation Element ~ommercial uses shall include, an.d shaJl be limited to, uses such as offices, finandal institutJqns, cultural facililJe.s, and fitness centers/Taciliti..e..s.., and shall only be permitted within those areas zoned Business Park or Planned Unit Development within the !ndu.~trial Desicinati.o. ~ Business Parks must be a minimum of 35 acres in size. The Planned Unit Development and/or rezoniml ordinance document for Business Pa~ project_s shall contain specific lan_cluaile regarding the permitted non-industrial uses and development characteristic guidelines consistent with those stated above. d 17 Non-todustrial Uses In addition to those industrial uses permitted Wqhin lhiedLetricl, the Industrial Designation uses such as those essential services as dehned irt the Zoning O~dmarme Land Development Code are permitted. de.n~ly ~- the distr.. CA~RY !! C_.AJE~ 160.,.-- 300+~ ~ C-3 C-2, 0-3 unie, s~. othec~se authorized by the J~.oard oJC.,oumy comm~ssk).r~fs; (Vl)c~_. _C, ommeroial_zomc4ter-~eve~pme~~r-than~-V, rrna from the of4he proje~ ~ rCe~s4>t~cw~ hodzecl-b y ~alee-tJfban4~e~gck~d-Area-certain i.n-f~.develgpmem may be permitted are-akeady ~ developed-toc-sucJ~user,.-The fo~,owe'~-stanclarcle ¢ P, mi[. the ~ may~eater*at~etio~of t.he-~oa~d of ~~s. HOUSING GOAL II1: CREATE AN ENVIRONMENT WITHIN WHICH ALL WORKING, DISABLED AND RETIRED RESIDENTS, AND THEIR IMMEDIATE RESIDENT FAMILIES, W1LL HAVE A REASONABLE OPPORTUNITY TO PROCURE SAFE, HEALTHFUL, AND AFFORDABLE HOUSING CONSISTENT WITH THE DESIRED DEVELOPMENT CHARACTER OF THE AREA AS IDENTIFIED IN THE IMMOKALEE MASTER PLAN. OBJ. E C-T4V&- I.t.1, --14. · ' ' Geal-at ;;-;t,hin4he-tec~yea~me~ramean<l aotkm~.~Lc.c=!, St~, =nd Fed~a!) a,,'~- pdv=ta -.~.~ors (i.e~4~ec~Lf,/4¢~ 1~ .geCecrCaer-1 ea.3, '.he~y-Developme n4-~vieion r4-,a~4~ave c, omCmed an &qve,mocy-~ ~he-e~detb'~4'+ouei~oc.~-by-hour,~g-Wpe,4enure;-~~; e~.,p.%"'~y and ~!c.n.. 19 ~et,,e~ demand..fo~-r, uch ho~ in ~de~' ~.~let~ify~e, iles: an.inve~ory ol-vac.,ant- k3cKl-~, t,he UO¢, by k::~atio~, owner;-Jax-ga~hOee-.and 7 lame foc-¢er,+dec,4ia~ devo!opme~ fo+'-~w arKt very .low- k',,come hou~C'~okts make rec, ommer~latk:~-for-the {mmokalee Are~ Future Land U,~e Map dee~;dbeda~ve.is-~t'~-analye~requiredby-eJ-6 F~.C~. of4he C_..,ou~y-f~-lhe hou~4r',g e4eme~4r~.ite c.'"~,preher~vecl, a~ Pol~y4RA~ W"C.~:~a".,4~cea~ · · , he~g. ou+3tCe-~-Wa~e-divi sio~ ¢h:3~ c~ea~e-a OBJECTIVE 111.2 1: Collier County shall promote the conservation and rehabilitation of housing in lmmokalee neighborhoods. Policy lll.;3.1.1: Expansion of urban facilities and services should enhance or maintain the viability of existing urban residential areas. Needed public infrastructure improvements in these areas should receive priodty in the~ Capital Improvement Element. 12A 1 Policy 111.3. 1~2: Assist in upgrading existing neighborhoods through active code enforcement, removing blighting influences,~b~'~~el~ and concentrating capital improvements, e:9 ,_~~opme~, in such neighborhoods. W~t~.year_~-ad4)ptior',-oCthie-Pl~,-the Cour~ty's ~)tid~Nar:'te d~v~sKhq eh, ail ~eate a OBJECTIVE 111.3- :2: Collier County w~ll"respond to the housing needs identified in the_Immokalee_ Housing Study ol-t~ by count~ inibab',,es which will reduce the cost of housing development for Iow and very Iow income households Policy 111.3.,3 2.!,,:, The County shalJ pursue research into initiatives as land banking of foreclosed land due to County held liens, land grants lrom County and other public hoJcIJngs, as well as tax incentives for private owners who commit to development for affordable housing for very Iow and ~ow income families. POlicy 111.2.2; I~v 1998. the Community Deve~,0Pment and Environmental Services Division will update the 1994 Imrnokalee Hou$inQ Study and deve. l.o.p implementation .strategies based on the revised r .ecommendations.. OBJECTIVE41~,4~ 111.3. By January -1-~3 1998. the County will have in place a pilot plan ol innovative programs and regulatory reforms to reduce the costs of development and maintenance of safe, healthful, and affordable housing for Iow and very Iow income households in Immokalee. 2! By September ~ 19~(I, the County Attorney's Office w~ll research those steps under law to provide deferral for at least two years the ad valorem taxes and special assessments f~ new apa,-tments built for and rented to very Iow and Iow income households Poflcy ~ 111.3.3: EJy-~-40~, _T. he C4xm~-~ Housing and Uman Improvement Department of lhe Community Development and F..nviro~mentaJ Services Division wilt continue to devek~a.r~ i.m.,orove aM implement a f ' process to network the resources among the pdvate developers and contractors especially among th~ ;'~_.'_'n!~_~..'.. Ln t,~'~ ret!re~l ~ appropriate County officials, and those Immokatee residents in the market for affordable housing so as to create a full public/pdvate~ partnership to address housing starts. Policy ~ 11!,3~4: l~.~,~o~~ ~~~ E ~ce m,~,~ -. 'y ~;e~ ' ~ ' c.,.h.-ar~,-.if4a,~em~c~ ~n ~!n=~ ~~ , , . ~_~~~ ~ .... ;.~ ,~,. ,~ s~bs~e~ ~u~g ~ ~ a ~d~s ~m~t to ~e ~bi~ heal~. ~fe~ and ~ifare and 22 12A PetlcY #1.3. '~ C~T,T~nttY Dey~cxrm~ and Environmental Servic. as Division will research and develop S~-a~-'-; tO re _o{ace__ arid ~ affordable hou~ through ~ orofit I;)f'oviders in and ~r~;~--~d the South I~~,~'~,~ ama that is com~n~_'~h~a, .with the ,Redeyetol;)rnent Plan. OBJECTIVE 111.~4: By-20~ There shall be an corrtir~l effort to adequate Supply el- a~uate~ housing to assure safe, healthful, and affordable housing for 3..-.d-',..~"P.u,'=-! ..~,~'d'.,.c~ very Iow and Iow in~ hou~,el3c~s. 'm Immokatee. The County's Housing and Urban improvement Department of the Community Dev~lopme,3t ~ ~ ~ ,~4wJCe~l DiYili~:~] will meet "* '""'* ~ ...... ~ representatives of the c~ ~ A~,.,,~.,,, Ru.ral ~¢orlomic I:;)eye!gpment, ~ fe~ ~_-~ '~ "~ i '.,.. as well as with appn:)pdate off'K:ials-ef4~,,~'~.. ~ C-..'=fr'~"-.~"~.7 Aff~re-to improve the County's ability to atb'act mo~e govemmef~t grants and loans to develop housing for la~ very Iow a_nd Iow income households. Policy III.rh4~.2: By September -1~4 !998,the ~ Community Development and Environmental Services Division will review the ~talte of F!oddai~ Environmental Health and Housir~g Code requirements ~Or ,those unit~ licit3 ..~K:I a~ migrant !a.b~. camps and make e~4eblieh.~- modif'matJons~ ~$ determined appropriate e/-tt~eee pmvieione~f_to the Cotlie~ County Housing Code~b,~sed on th.e review~ ~e-elmedy J~er4ed.-a.r,.-~~~f)ae~,a. ge-~-th~ CCc~mr C~.mty ~leu~,~,~C4)~te Policy 111.~.4.3: The County Manager or his designee shall be responsible for collaborating to make an annual report to the Board of County Commissioners on identified "living quarters for five or mom seasonal, temporary or migrant fatrn workers' as defined in 10D-25 F.A.C. and prepared by HRS. The report sl~ll indude recommendations on improvements needed to ensure County code and F.A.C. c(m~pliance and suggested amendments to County codes which are restr$c'dng needed rehabilitation and new developments. Policy III.S.4~4: By-~~ C..ontinue [O cooperate k~ with all pnvate groups seeking to furnish shelters for the homeless, and/of abused women and children ec*~e.~t~ilill I~'*~:'~ -- ~ ~' 'V~'~ CONSERVATION GOAL IV: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT OF ITS NATURAL RESOURCES AS DICTATED B3~-TYiE'-CURREN~ADOPTED IN THI~ GROWTH MANAGEMENT Iq_AN. OBJECTIVE IV. 1: The County shall protect and presene natural resources within and adjacent to th~ Immokalee Urban Designated Area in accordance with the Growth Management Plan. 23 Policy IV.1.1: The Immokalee Master Plan shall be updated as appropriate to reflect the recommendations resulting from the programmatic commitments of the Conservation and Coastal Management Element of the Growth Management Plan. RECREATION GOAL V: PROVIDE AMPLE HIGH QUALITY AND DIVERSE RECREATIONAL OPPORTUNITIES TYPICALLY PROVIDED BY THE PUBLIC IN A COMMUNITY THE SIZE OF IMMOKALEE, FOR ALL IMMOKALEE CITIZENS IN A COST EFFICIENT MANNER. OBJECTIVE V.1: Cother County shall implement a parks and recreabon program for Immokalee that is ecjuivalent to Collier Counb/standards, taking into consideration plans that reflect citizens' a~that-ce~uJ, t~n-a s, yr. temo. f. perk~ ac~d .faci~,e~ conver',m~ ~ a~l tmmokatee.re~nts recreational preferences and offer recreational opportunities to all age groups (IX) Policy V.1.1: By September -18~3 199,8, Collier County's Public Ser'v~ces Division shall complete and publish for public comment, and adopt a 5 year plan and budget for parks and recreation that would meet the needs and characteristics of the total population (seasonal and permanent) of Immokalee. The plan and budget will be based upon such things as a survey of the preferences and priorities of Immokalee's seasonal and permanent population. The survey should include: a, Questions concerning community-wide and neighborhood park recreation issues. DifferentJates by neighborhood the estimates of the population's priorities among alternative combinations of types of parks and recreation sites, facilities, equipment, and services. c. Be conducted during peak permanent and seasonal population pedods. Policy V.1.2: Future parks will be encouraged to ~ located within the designated Neighborhood Centers but will not be limited to these areas. This may be accomplished through funding methods, including but not limited to, the County purchase of land, private sector land donations, or through an intedocal agreement between Collier County and the Collier County School Board. TRANSPORTATION GOAL Vh THE FUTURE LAND USE PATTERN SHALL BE SUPPORTED BY A NETWORK OF ROADS, PEDESTRIAN WAYS, AND BIKEWAYS THAT MAINTAINS IMIVIOKALEE'S SMALL-TOWN CHARACTER, YET ACHIEVES EFFICIENT AND SAFE TRAFFIC MOVEMENT OBJECTIVE VI. 1' The County shall provide for the safe and convenient movement of pedestrians, motorized and non-motorized vehicles. (IX) Policy V1.1.1: The County's Metropolitan Planning Organization Section of the Community Development and Environmental Services Dh/ision shall complete a transportation study for the Immokalee Urban Designated Area by September ~,g~i4 1999. Once completed and accepted by the Board of County Commissioners, the lmmokalee Master Plan shall be amended to incorp(xate the transportation study. The study will review existing roadway conditions. identify deficiencies and make recommendations considering ail of the following: Ccnsider all recommendations in the Collier County 5 Year Bicycle Ways Plan. Give highest pnodty to completion of the gnd network with consideration of those segments identified in the Transportation section of the Support Document; c Identify all right-of-way on a thoroughfare nghts-of-way protection map; and d. Establish a loop road (iX) Policy V1.1.2: The Traffic Circulation Map will graphicaPy depict Immokalee's future roadway network, and identify specific roadway improvements needed to implement the Immokalee Master Plan Future Land Use Map and will b~. updated as new information is available. These improvements will be prioritized and placed into the Capital Improvement Element after further transportation analysis is completed. The-~ ali.9~nems ~hal4-be~ed as. f~o~e(;~lJu~ure-~'oadway--~;~ way,~es-<)¢-t)~ld~¥,~ be-aik~;~c ~L~)~ be Policy VI.1.3: The Collier County 5 Year Bicycle Ways Plan shall give pdodty to linking existing and future residential neighborhoods to each other, designated neighborhood centers, commercial, employment and public service areas. This plan will reflect the unique needs of the Immokalee community and also take into consideration the need for pedestrian walkways in Immokalee. Policy Vi.1.4: Existing and future bikeways shall be graphically depicled on the Traffic Circulation Map of the Jmmokalee Master Plan, and shall become part of the Collier County 5 Year Bicycle Ways Plan. 2~ OB,J~CTIVE-VI~,2; pr ' ~mec,,t~,4e 4ae4ncbaded-ic,,4heCaf~ a~,4mp revement- Elemer~. gy-Sepiembe, r-4gg5 ~.Ne ~~tei Ma~.agemem D~r,;t end (IX)~ ' ' ' ' ef.a-c,o.'r,,pcehenrcver' f t.he ~ ' . {tx)~Orgenize G compr~~gar~zatk~-rnu~~r care ma~ment ~ (wf-,ic~ ~~nt~ ~r~A~~,- ref~al. e~e~~~~ l;;~m, eac~-b ' . ' ' ' re s4dente ~y.goverrm~ent.-and wh~'eby Coumy.gove,mment-c,a~-~e effectivety repreeent-the-n~ dee~er,.~aresk;lems4~ S~ate~nd-Fe. der~~ ECONOMIC GOAL tX-VII!: ENHANCE AND DIVERSIFY THE LOCAL ECONOMY OF THE IMMOKALEE COMMUNITY. OBJECTIVE VIII IX.l: Prepare a plan for economic development for the Immokalee Area (IX) Policy-iX VI!1.1.1: By-September q,@84 199..7, the Community Development and Environmental Services Division shall prepare an counbpwide economic plan that will include: -eemp<ment/r~a<ty-to ProvUe an Action Plan with recommendations and incentives to enhance and diversify the local economy.-and-str~eg~es4'ec~vi+'~--thi~ (IX) Policy-iX VIU.1.2: The Community Development and Environmental Services Division and the Airport Authodty~<),latiec~S~,m,.4--....~-.. Di.;4-..;~'or~.. _~,'~ Rea~:;~)~, shall promote the development of the Irnmokalee Airport and surrounding commercial and industrial set forth in the Immokalee Airport Master Plan. These impr. o;~men.,ts ~~mont E~,cm.,-''''* '''~ '. ' ¢..h t, ...... * ~"' In ~;, ~na-..'.. ' , ' pr ' A4rpo~-wi!! be Policy tX V!1!.1.3: Develop and initiate a program in 1997 Enterprise Zone designation. with-r~a~ to promote the incentives of 2? 12A Policy.tX VI!!,1.4: The C~fpmunity Develoom~rlt and EnvironmentaJ_'~ecv'ic,.es Divi.~igp will cogrdinate with the Collier County Shedffl [~oa~ on investigating and pursuing any funding opl;x)ftuni~$ aveilab!~e uncle,' lhe Safe Neiahborhood Ad, I ' . · · k~ p,..,~_., ~ .... ,, ,..,. f, ,,.,,e,.~ .,...~,,~, ,,,,a~ ~.~ ~,-, to assist with enhancing the immokalee community. Qdme Preventiort Tl'tm~h Environmental DesiGn (CPTED) pdnciote$ shall be ~ kl ~ de~o~t s~ndards. Coordinate with the Collier County ~1 Board to ensure that the employment skills and training needed are available_ for the types of industries located in the lmmokalee community. STATE OF FLORIDA) COU1F~f OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-65 Which was adopted ~f the Board of County Commissioners on the 28th day of October, 1997, during ReGular Session. WITNESS my hand and the official seal of the Board of County Co~nissioners of Collier County, Florida, this 5th day of November, 1997. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ORDINANCE NO. 97- 66 AN ORDINANCE AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF ORDINANCE NUMBER 89-05, AS AMENDED, 'rilE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE CONSERVATION AND COASTAL MANAGEMEt, IT ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan o~ January 10, 1989; and WHERF_AS, Collier County has held public hearings to provide for and encourage public participation throughout the 1996-97 plan amendment process; and WHEREAS, Coltier County did submit the 1996-97 Growth Management Plan Amendments to the Depadment of Community Affairs for preliminary review on Apdl 29, 1997; and WHEREAS, the Depadment of Community Affairs did review and make wdtten objections to CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did ho{d public hearings concerning the adoption of the CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan on October 28, 1997; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~[7~J~J:J~;~: ADOPTION OF AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management Plan for Collier County, Flodda. The Collier County Growth Management Plan CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. ~[~LJ~.J;J._~: SEVERABILITY. If any phrase o~ portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent. provision and such holding sl~all not affect the validity o[ the remainin9 podion. ~.E,.~~: EFFECTIVE DATE. The effective date of this Amendment to the CONSERVATION AND COASTAL MANAGEMENT ELEMENT shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184, ~cJg/J~, whichever occurs earlier. No development orders, development permits, or land uses dependent on this Element may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3"~ Floor, Tallahassee, Flodda 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County thiso~ ~,',,' day~ o~' October, 1997. .. ~: .~%A ~/. ,.,,,.. ATTEST: ~ .. ,. '; DWIGHT E. BROCK,~,EERK '-. (C ":,,: ' ...?';...";: · APPRO',4'J~,I;). AS.TO FORM AND LEGAL SUFFICIENCY: MARJ ¥ ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLI~OUNTY, FLORIDA :r'IMOTHY IZ'. HANCOC CHAIRMAN COLLIER COUNTY GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT mn~ I Il Il I Ill I I I I I I I lllll[l Ill Il lllllll COLLIER COUNTY GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 1997 AMENDMENTS TO GROW'FH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Symb0! Date Amended Ordinance No. 'INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. GOALS, OBJECTIVES AND POLICIES GOAL 1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS NATURAL RESOURCES. OBJECTIVE 1.1: ~st !, !t~4~,, the County will r,,omClele continue with the development and implementation of a comprehensive environmental management and conservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected. Species of special status are defined as species listed in the current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Flodda Game and Fresh Water Fish Commission. Policy 1.1.1: ~'..t t.~_188~,_.app, mm~~~a~i<x',mfx~r~,o¢ Continue W~th using, a Technical Advisory Committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program. Policy 1.1.32: By-,Ja~~~ the County will continue tQ have in place an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing tong-term direction for the Collier County Environmental Resources Management Program. Policy 1.1.3: Ensure adequate ahd effective coordination between the Environmental Resources Management Program staff and all other units of local government involved in land use activities and regulations. Policy 1.1.4: Avoid unnecessary duplication of effort and continue coordination and cooperation with pdvate, Regional, State, and Federal agencies and organizations. Work with other local governments to identify and manage shared natural resources. Policy 1.1.5: When developing the County conservation program, attempt to equitably balance the relationship between the benef~ dedved and the costs incurred to both the public and pdvate Policy 1,1,6: Continue with the phased preparation and adoption of all natural resources management and environmental p~otection standards and crtteda needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and c...~iteda are developed. Policy 1.1.7: By ^'..'g'-~. !, !99.~, ,-~.,'-m~..~!:;e C,,,o.ntinue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteda needed for use in the Collier County land development review process. Implementation shall oc...c~r on an annual basis as standards and criteria are developed. OBJECTIVE 1.2: ~a~~, ha~H;~-,e Maintain the framework for an integrated, computer-based environmental resources data storage, analysis, and graphics system and annually update the datable, es based or! previous year'~ analytical data in order to monitor the status of the County's natpral resou .fTys and propose potential pr0tec~.ion measures when appropda[e. Policy 1.2.1: As much as possible, the system will be compatible and capable of being tied into existing geographic in[orrnation and/or data management systems currently utilized by the South Flodda Water Management District, Southwest Flodda Regional Planning Council. the Flonda Department of Environmental Protection, and the Flodda Natural Areas Inventory. Policy 1.2.2: Data gathering will be coordinated with that of Federal, State and pdvate resource management organizations to minimize duplication of effort and enhance the quality of information. Policy 1.2.3: Collected and/or compiled data will be organized by established water- shed and sub. basin units. Policy 1.2.4: County environmental resources data will be made available to both public and private entities in order to promote and improve local environmental resources planning and management. Policy 1.2.5: The system will be maintained by the County staff and updated on a cooperative basis by qualifmd public and private organizations. OBJEC~E 1.3: By Au~u-_*. "., !994, c.q~ C,,ontinue with the phased delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program by imple .rne_nt!1.~ the I~ard-aDproy~__d process for nominating potential ~reas for review. The purpose of Natural Resources Protection Areas will be to protect endangered o~ potentially endangered species (as listed in current "OffK:ial Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Flodda Game and Fresh Water Fish Commission) and their habitats. Policy 1.3.1: The program will include the following: a. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map; b. A process for verifying the eXistence and boundaries of NRPAs dudng development permit applications', Co Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; do A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative en,,4ronmental impacts of development are being adequately assessed and addressed; A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to, tax incentives and transfer of development dghts; A program to pursue Delegation of Authority Agreements w~th State and Federal permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPA; g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. Policy 1.3.2: i~,_A,,,,,~t-4--_4~3~, de~,~'~3m~-'~~ontjnue wi~ management guidelines as defined _withi~ ~.e C,.,ountY LDC that_ provide for the.management a_n_d cons. erva..tion of the habitats, speci._es, natural shore(i~n~e and dune system, s_ for the undeveloped coastal barrier and estuanne natural resources protection area. Policy 1.3.3: Guided by the Technical Advisory Committee, betwee~A~, ~19t2 designate and adopt management guidelines and performance standards for County natural resource protection areas, implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy 1.3.4: VVhefe possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. GOAL 2: THE COUNTY SHALL PROTECT ITS SURFACE AND ESTUARINE WATER RESOURCES. OBJECTIVE 2.1 By January 1, 2000. 4983, the County shall prepare Watershed Management Plans .that will address api:)ropd.a, te mechanisms to protect the County's estuadne and wetland Policy 2.1.1: These Plans will evaluate activities in the watersheds that drain into the estuaries in order to evaluate cumulative impac',.~ on the estuadne system as wail as impacts within the watersheds themselves. Policy 2.1.2: The Plans will provide for vadous tasks such as monitoring land disturbing activities in the watersheds, collecting canal flow and water quality data, stormwater quality data. and assessing habitat changes Policy 2.1.3: The Plans will also evaluale structural and non-structural controls for restoring historical hydropenods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Policy 2.1.4: All Watershed Management Plans should address the following concepts: a. Appropriate wetlands are conserved; b. Drainage systems do not unacceptably affect weUand and estuary ecosystems; Co Surface water that potentially could recharge ground water is not unduly drained away; d, When feasible the extent and effects of salt water intrusion are lessened; 7'he timing and flow of fresh water into the estuaries from the watershed shall, as a minimum, not degrade estuadne resource value; and The needs of the watershed's natural resources arid human populations are balanced; The effects on natural flood plains, stream channels, native vegetative communities and natural protective barriers which are involved in the accommodation of flood waters; and ho Non-sblJctural rather than structural methods of surface water management should be considered first in and proposed new works. Policy 2.1.5: As appropriate, integrate en¥iror~mental resources data collection, planning, and management activities with the water management basin studies described in other parts of this Plan. Policy 2.1.6: Promote intergovernmental cooperation between Collier County and the municipalities of Naples and Everglades City for consistent watershed management planning. Policy 2.1.7: Until the completion and adoption of individual watershed management plans, promote water management permitting on a basin by basin approach. OBJECTIVE 2.2: All carpals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, of' local water quality standards. Policy 2.2.1: Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet DER regulations and are not in violation of other Goals, Objectives. and Policies of this Element. Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run-oi'f, sto mwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non-structural methods such as discharge and storage in wetlands is encouraged. Policy 2.2.3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in beth the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Policy 2.2.4: Continue and expand when needed the existing water quality monitoring program for sampling canals and dyers and assess the data annually. Policy ~2,5 By ..D~. c~mber 31, 1998, identify storrTw,-ater management systems that are not meeting State water quality trea .tmfl, pq~ standards. OBJECTIVE 2.3: EtyJ ...... 4, ~ ~,~'~ ~ All estuaries shall meet all applicable federal, state and local water quality standards. Policy 2.3.1: No new untreated point source discharge shall be permitted directly to the estuadne system or rivers or car]als that flow into the estuadne system. Policy 2.3.2: Store?water systems discharging directly to estuaries shall be designed to meet the same requirements as stated in Policy 2.2.2. Policy 2.3.3: In an attempt to increase ground water levels and to restore the natural hydroperiod for the natural freshwater input to the estuadne system, any future mo<Jif'mat, ion of public water control structures in the watershed above the control structure which would amount to 50% or more of the cost of a new structure shall be designed to retain as much water as appropriate Policy 2.3.4 i~/-Me~~, !, !g..~O, d.-¥.-c-~!c'p _.--md Continue to implement and refine a water quality and sediment monitoring program for the estuarine system Policy 2.3.5 By~.f)~-l~-989, k-.?J.~;= L.~'~. ~=;'cL3pm...~: ~f~ Continue to have staff coordinate with the City of Naples staff regarding coordinated and cooperative planning, management, and funding programs for limiting spedfic and cumulative impacts on Naples Bay and its watershed. At a minimum, this agreement sha~includes the following: a. Insure adequate sites for water dependent uses, b. Prevent estuadne pollution, c. Control run-off, d. Protect living madne resources, e, Reduce exposure to natural hazards, f. Ensure public access, g. Provide a continuing monitoring program. Policy 2.3.6: Restrict developmenl activities where such could adversely impact coastal water resources. OBJECTIVE 2.4: i~,~ !, !i~8~o~:s,ae-an DY June 30. 1998. cq, mplete a draft agreement with the al-R~ Florida Department of Environmental Prote~on regarding coordinated and cooperative planning, management and monitoring programs ~'or Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. The aareernent shall ida ,nt/f~ the D¢OC~$,'~ for notifying FIlliP of deve!,opment projects within the _watersheds of these preserve areas, Policy 2.4.1: At a minimum the County shall notify DNR Department of Environmental Protection of proposed land development projects that could affect these preserves. Policy 2.4.2: The County shall request the Department of ~ Environmental Protection staff to pa~cipate in the development of future coastal and watershed manage- merit plans. Policy 2.4.3: The County will request the cooperation of the Department of Environmental ProtectJ~o_n to gather data and information needed for monitoring water quality, habitat changes and land use activities within the watersheds of these preserves. OBJECTIVE 2.5: "'.- ?.,..,';"_~_.~* 1, 1 .~9~, The County will ~ continue with the ~ implementation of '_~ estuadne management program by requidnQ development tO meet its current standards addre$$in~ stormw~er management, and the protection of sea~ras$ beds, dune and sb'and, and wetland habitats~ Policy 2.5.1: Identify land use activrtJes that have the potential to degrade the estuarine environmental quality. Policy 2.5.2: This management program shall incorporate information obtained from the vadous watershed management plans described elsewhere in this Element. Policy 2.5.3: This program shall in part be based on the estuarine data analyses and management recommendations contained in the County's coastal management program's technical reports. GOAL 3: THE COUNTY SHALL PROTECT THE COUNTY'S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL. OBJECTIVE 3.1: ~-'!,;: !~ Th®` County shal!-~e~"ne~-a.'~ implement a well construction compliar~"..e program yr..er criteria specified !n the Collier County Well Construction Ordinance. which, is desi(~ned tO ensur~ proper constructwfl of we!l~, and promote .aquifer protection.. Policy 3.1.1: County inspectors who are appropriately trained and knowledgeable of ddlling and grouting techniques required in Collier County will inspect the ddlling and grouting process of all types of wells ddlled in the County. Policy 3.1.2.,~: ~y A~-~.:. !, !929, ~ Implement the South Florida Water Management District's that will provide for inspections and penalties if we',l drillers do not follow these standards. Policy 3.1.3..:4: A ~ committee of well conb'actors and drillers, County staff, Health Department staff, and South Flodda Management District staff will continue to evaluate the need for well 7 construction standards that are more specific to Collier County and reflect Collier County conditions. Policy 3.1.4.5: The County will infonm Beg~i+"4<~w~ well contractors and drillers and the public on the necessity for proper well construction and h(?td..-H<~ workshops for well dnllers on proper techniques f~ well construclJon in Collier County. Policy 3.1._5,6: The County shall cooperate with the South Florida Water Management District in identifying and plugging improperly abandoned wells. OBJECTIVE 3.2: i~A.u~4-t~,-lg~l~i~l~ Continue to identify, refine extents o.f, and map zones of influence and contribution around potable wellfietds in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub-Element.) Policy 3.2.1: Develep-en~ekqlain Maintain and refine a 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. Policy 3.2.2: Use the results of this analysis to modify the calculated "cones of influence" and amend the Comprehensive Plan to include these areas as "environmentally sensitive lands". Policy 3.2.3: C,,ontJnue to idea..b.'.ty and delineate, ~ existing land uses that possess the greatest potential for wellfield contamination. Policy 3.2.4: Continue to establish an.d ,apply Eetablieh technically and legally defensible cnteria for determining and mapping zones of protection. OBJECTIVE 3.3: ~. A .... , .~ .~ o,,c, _'~5of~4e¢~ Imptemerlt a~ a~ as ~, ~e ~llier ~un~ Ground Wa~ Pmt~ion ~ina~ ~at i~.eS ~~n of la~ u~ e~e~ ~un~-~de as ~11 as ~in ~l~eld p~on z~ Su~~ e~s~ iden~ ~ ~ter su~ ~ffields and ~re pu~ic ~ter su~ ~~s to ~te~ e~sfi~ and f~ure po~e ~l~lds. (Refer to O~ 1.2 in ~ N~I Gmu~ Water AquE~ R~arge Su~ EI~nL) Policy 3.3.1: The Ordinances411 addresse~s both existing and projected future land use and surface activities including, but not limited to: a. Petroleum storage tanks, b. Other identified hazardous materials and wastes of a c. Mineral extraction, d. Industrial and domestic wastes, 8 e. Stormwater. Policy 3.3.2: The Ordinance w~ provides for an appropriate level of protection for all of Collier County and includes demonstrated pedormance standards. Policy 3.3.3: The Ordinance ;'~!I addresse_s the breaching of confining units by improper well construction, rock mining, excavations, blasting and other similar activities. Policy 3.3.4: The County will continue to implement the Ordinance in a manner to minimize duplication of effort between the County and other State agencies. Policy 3.3,5: The County will cor]tinue implementing and refining tom'~plement-and Cel'm,e regulations and perrni,'fing review procedures. OBJECTIVE 3,4: Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 1.3 in the Natural Ground Water Aquifer Recharge Sub-Element.) Policy 3.4.1: Continue the existing water quality monitoring program to provide base*line data. evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 3.4.2: Coordinate data gathering activities with Slate and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 3.4.3: Assess the data annuaIly to determine whether mcnitodng activities and County Ordinances require expansion, modification or reduction. Policy 3.4.4: Gather and use appropriate data to refine and improve the database used in the County's 3-dimensional ground water model. GOAL 4: THE COUNTY SHALL CONSERVE, PROTECT AND APPROPRIATELY MANAGE THE COUNTY'S FRESH WATER RESOURCES. OBJECTIVE 4.1: ' to 6~,ollect and evaluate data and information designed to more accurately determine water use in Collier County such as the County's database .tr.a .ckin~l al! permitted wells and wells havinQ consumptive use permits. Policy 4.1.1: Use as much as possible the existing reporting requirements and computer database of the South Florida Water Management District. Policy 4.1.2: Work with the agricultural community to devise a method for determining agricultural pumpage Policy 4.1.3: Compile from appropriate local, State, Federal and private organizations the water use requirements of the native plant and animal community associations within the County. OBJECTIVE 4,2: The County will promote conservation of its water supply and by ~ I, !~, ~ ~ develop a comprehensive conservation strategy which w~,ll identify specific goals for reducing per capila potable water consumption. Policy 4.2.1: Continue to rely on the South Flodda Water Management District to take appropriate measures to conserve water in emergency situations. Policy 4.2.2: l'.~egotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future waste, water treatment plants. Policy 4.2.3: Identify existing and future publicly owned lands suitable for irrigation w~th treated wastewater effluent, such as government building grounds, parks and highway medians, and incorporate these into future planning for effluent disposal, Policy 4.2.4: Identify existing and future pnvately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, agricultural operations, nurseries and commercial/industrial parks, and incorporate these into future planning for effluent disposal. Policy 4,2.5: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed loc water conservation purposes. Policy 4.2_6: ~~~ ' * .- ~luate p~ ~ke r~~a~n~, ~er~ a~pdate, for plu~bin~ fi~ums and lands~s ~at are ~n~ f~ ~ter ~~n pu~s, 10 GOAL 5: THE COUNTY SHALL PROTECT, CONSERVE AND APPROPRIATELY USE ITS MINERAL AND SOIL RESOURCES. OBJECTIVE 5.1: Allow the extraction or use of mineral resources in the County provided such activities comply with applicable industry and government standards regarding health, safety, and environmental protection. Policy 5.1.1' The County shall allow mineral extraction operations as provided in the zoning code. Policy 5.1.2: A water use plan must be prepared by the applicant and approved by the County Water Management Department before new mineral operations are permitted. Policy 5.1.3: Mineral extraction operations shall comply with standards and criteria as provided in the County's Excavation and Blasting Ordinances. Policy 5.1.4: {Depth of excavation and dewatedng shall be restricted in areas where saline water can intrude into the bottom of the pits, (Also, refer to Policy 3.3.1), Policy 5.1.5: Monitoring shall be required to determine compliance w~th State water quality standards. Mining activities shall stop if water quality standards are violated as a result of the mining operation. OBJECTIVE 5.2: ~s.~ !,--;99;~:~-pc~am ¢;0ntinue t.o reclaim the total d.i_$turt)ed area of e~r, a(;:tion sites in ordeLto ensure adequate assessment and mitigation of site specific and ~:umulative impacts resulting from mineral extraction activities, Policy 5.2.1: The Program w~ll define reclamation standards for the protection and restoration of w~ldlife habitat. OBJECTIVE 5.3: l~y A'..'g'_".A !, '~'~'~ ,'j_=t~t, he ..... *~*.~ nn biennial basis, beainnin~l in October, 1998, review and refine e.s.timate, s of types apd auantities of existing ruinable mineral resources in Collier County, based in information, coll.ec't~d dudng previous biennium., 11 Policy 5.3.1: Work with the Flodda Department of I~nv~rof!mental Protection Natural-Reseurc..es and the Flodda Geological Survey and local mining industry officials to inventory and evaluate the existing mineral reserves in Collier County. OBJEC~TIVE 5.4: By~E~'C~GSGr-, IThe County shall ~ maintain its program to control soil erosion through ~ regulations identifYin~ cdteda to control and reduce soil erosion and sediment _transport from constnJc'tJon and other nonagricultural land disturbing activities. Policy 5.4.1: Rely on S~-Conserva ~ ' o/-,ceod-acKt-Agr~-~~ the USDA Natural .R, es0u,r,c,e,,s__.Conservation ,~er~ .ce to provide the County with appropriate soil COnservation guidelines for agriculture. GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. Objective 6.1: By Augu~.l-~ 1~;h'?. ~une 1. 1998, identify, define, and prepare development standards and criteria for all important natJve County habitats. Until the adoption of specific development criteria, the County w~ll continue to follow current practices of habitat and speC;es protection consis~nt with policies 64.6 and 6.4,7 through negotiations between County Staff and development interests as part of the public hearing process. These negotiations are based on provisions in Ofd.-~'~""...~~ 7~ 9, ~ c".-..CL?. F;mh Ofd.-~'".-."/'..c.- ~ Collie, r County Land Development ~, e NO. 91- !02. Policy 6.1.1: By ~ ~.u_ne 1, 1,99_.~8, inventory, define, and prepare development standards and prepare crfteda, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal bamers, and xedc scrub habitats, with criteria f~ deve{opment and standards for land cleadng in these habitat areas. 12 Policy 6.1.2: By ~2-June 1, 1..998, inventory, define, and prepare development standards and criteria, based on the presence of dominant or indicative species. For marine, freshwater, and transitional zone wetlands, and hardwood hammocks. Policy 6.1.3 By-^'.."~'.:'*-.'. I~, 'Fg~ June 1. 1998, inventory, define, and prepare development standards and cdteda, based non the presence of dominant or indicative species, for pine flatwoods and dry praide habitats. Policy 6.1.4: All other species assodations that may be defined as a discrete habitat community will be considered fo~ development criteria and standards for land cleadng as part of this process. Policy 6.1.5: The above developed criteda and standards shall be modified as appropriate as individual watershed management plans and NRPAs are developed. Policy 6.1.6: Flexibility, in the form of area tradeoffs or mitigation, should be allowed in the determination of areas within and among developments to be preserved. Policy 6.1.7: Until definitions for habitat assOCiations and standards for development are adopted as land development standards, criteda specified in other objectives and policies of this Element W~ll apply, Policy 6,1.8 Incentives should be c~eated w~ich would alh;~w_devek;)pment to continue, bpt at the same time would al~o i_Lnsure t.bat some ~f ~ n30st ecoloGicallY sensitive habitat and vegetative cqrp..munitie~, are retained. Pglicy 6,!.9 In the event .that. ~ County adopts an ~open. space re.creathanal systemj consideration should _be_¢lN. en to incorpor~_.'n~ the linkage and Orote~n obi _ect~ves of the retained habitat. OBJECTIVE 6.2: There shall be no unacceptable net loss of viable naturally functioning madne and fresh water wetJands, excJuding transitional zone wetlands which are addressed in Objective 6.3. Policy 6.2.1: Until such time h'hat Natural Resource Protection programs/plans (Objectives 1.3, 2.5 and 11.6) and development standards for habitat areas (Objective 6.1) are adopted, the following polities shall serve as intedm cdteda for incorporation into ail development orders. Policy 6.2.2: All wetlands are designated as environmentally sensitive areas. 13 Policy 6.2.3: Aflered of disturbed wetlands are considered to be not viable, not naturally functioning. degraded wetland ecosystems. Policy 6.2.4: The following policies shall not be construed to prevent timbering operations so long as lJmbedng operations ulJlize best management practices to minimize the effects on the weUands. Policy 6.2.5: Creation of new wetlands, where mitigation is required, is encouraged first in upland areas where exotics dominate. Policy 6.2.6: Marine wetlands are defined as areas with a water regime determined pdmadly by tides and the dominant vegetation is salt tolerant plant species including those species listed in Subsection 17-4.02 (17), Flodda Administrative Code, "Submerged Madne Species" and seaward of the Coastal Management Boundary as shown on the Future Land Use map. exclusive of subtJdal habitats as addressed in Objective 6.6. Policy 6.2.7: Mitigation for development in altered madne wetlands shall include enhancement or restoration of other altered wetlands or creation of new weUands either on at least an equal area basis or where an alternative found appropriate by the Board of County Commissioners mitigates any altered wetSands in order to limit cumulative and sped¢~',, impacts on Coastal wetland and wildlife resources. Policy 6.2.8: All mitigation for development in Coastal area wetlands should occur in the Coastal area. Policy 6.2.9: Wetlands, including transit!onal wetlands, shall be defined pursuant to the current definitions of the Fiodda Department of Environmental ~ ProtectiOQ. Policy 6.2.10: Any development activffy within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current South Flodda Water Management District mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat. Policy 6.2.11: For mitigation of freshwater wetlands outside of the Coastal area, first consideration shall be given m mitigation on site, followed by mitigation in the adjacent contiguous area, followed by mitigat~n in the same watershed, followed by mYdga~Jon in adjacent watersheds. Policy 6.2.12: Fo¢ pr('~e<:ts that require wetland mitigation an entity shall be designated responsible to monitor ~ compliance of the mitigation stipulation. 14 12A Policy 6.2.13: Proposed development on parcels containing viable naturally function- lng freshwator wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre-development hydropedod. Policy 6.2.14: Where appropriate, incorporate on-site freshwater wetlands into stormwater management plans in order to restore and enhance the histodc hydropedod and ensure the continuity of natural flow way Objective 6.3: A portion of the viable, naturally functioning transitional zone weUands defined by State and Federal permitting requir_9,rnents shall be preserved in any new non-agricultural development unless other,vise mitigated through the DER State and the ACOE permitting process and approved by the County. Policy 6.3.1: The transitional zone wetland shall be defined as an area of which at least 50% is inhabited by those species, considering all strata, listed in the wetland definition used by the Flodda Department of Environmental Regulation. Policy 6.3.2: Development activities within the transitional zone areas shall be mitigated on a case by case basi.~. Mitigation of transitional weUands may take several forms. Among the types of mitigation that are appropriate are preservation, enhancement or of restoration of wetland areas, or prese~ation, enhancement or restoration of important upland native vegetative communities or wildlife habitat. Policy 6.3.3: Credits toward the Park and Recreational Impact Fee shall be given any conservation buffer or transitional zone wetJands preserved on site for passive recreation uses. The credit shall be set on a per acre preserve basJs. A conse~,,ation easement or other permanent dedication shall be created lot any buffer or wetland for which an impact fee credit is given. P oi~cy .6;,3.4; Wettands shall be delineated a,cc0,r .dina to Section 373.019 Flodda ,,~tatutes and Section 373.421 Flodda StatLrtes. OBJECTIVE 6.4: A portion of each viable, naturally function(ng non-wetland native habitat type shall be preserved or retained as appropriate. Policy 6.4.1: ~ ~ to require that viable naturally functioning native habitat communities be identified on all plans for developments requiring site development plans. 15 Policy 6.4.2: Flexibility in the form of area tradeoffs or mitigation should be allowed in the determination of areas within developments to be preserved. Policy 6.4.3: Require new developments to submit and implement a plan for exotic plant removal and long-term control. Such implementation may be considered as mitigation. Policy 6.4.4: Any development proposal in a "ST" zoned area or any other area designated "environmentally sensitive" shall have a site inspection, where appropriate, by County staff and be reviewed for approval as defined in the "ST" zoning procedure. Policy 6.4.5: Developments greater than 2.25 acres shall be required to receive a tree removal permit according to the requirements of the Protected Tree Ordinance. Until the adoption of comprehensive land development regulations, tree removal permits shall incorporate criteria contained in all applicable objectives and policies of this Conservation and Coastal Management Element Policy 6.4.6: All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the coastal urban area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space cciteda etr Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity. Policy 6.4.7: All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However, this policy shall not be interpreted to aIIo, w development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the preservation area and the proposed activity. Policy 6.4.8: Agriculture shall be exempt from the above preservation requirements provided that any new cleadng of land for agriculture shall not be converted to non-agricultural development for at 16 least ten years. Fo~ any such conversions in less than ten years, any County-imposed restoration measures of the site must be restored to native vegetation. OBJECTIVE 6.5: ~~.~iu4i~.a~,-~~tThe County sha~l continue t.~~~he the ~ to incorporate native vegetation into landscape designs in ~der to promote the p~esewation of native plant .communit~$ end encouragle water conservation througlh native Policy 6.5.1: Priorities fo~ incorporating p,o~me~4.e~, qgn-invasive native vegetation into landscape design shall be as folJows ,) The first choice is to keep and enhance existing native habitats on site and intact for incorporal~on into the landscape design_ if this is not practicable, then consideration should be given to transplanting ex~sting species to another location on site. c) If this is not practicable, then attempt to use native species to recreate lost native habitat. d) If re-creating the native habitat is not practicable, then the new landscape design shall incorporate the use of plants that promote 'xeriscape' pdndptes. Policy 6.5.2: Landscape Ordinances W~ll continue to identify specific plant coverage and assemblage requirements. OBJECTIVE 6.6: There shall be no net loss of important, viable, naturally occurring, submerged, manna habitat. Policy 6.6.1: ~.:-lJ~O, Annua. lly ,dentify, inventory, and map both disturbed and undisturbed sea grass beds and other submerged madne habitats that are deemed important. Policy 6.6.2: By_~l-l-r-199~,, ~ t_.g regulate boat traffic and other uses and activities as necessary to conserve, protect, and enhance, as appropriate, these habitats. Policy 6.6.3: Where applicable, guidelines of ~-o~Na~~~ar~ the. Department of Environmental ~l~r~ P.rote~ for Outstanding Fiodda Waters and AquaLic Preserves shall be considered to review land development projects in and near sea grass beds. OBJECTIVE 6.7: The County will protect, conserve and appropriately use ecological communities shared with or Langen'aal to State and Federal lands and other Ioca~ governments. Policy 6.7.1: The County shall coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Flodda Regional Planning Council to 17 protect unique communities located along the County's border by controlling water levels and enforcing land development regulations with regard thereto. Policy 6.7.2: By J3.~._'3.-'; 4,., c,~.~,vv_, "~.~_....,..~. .... .. ,~..........-..~'~'~' C..ontinue to meet with the appropriate counties to meet at a specJfied frequency to discuss upcoming land development projects that would lave an impact on ecological commun~Jes in both Counties, Policy 6.7.3: The County shall assist to assure compliance with ali State and Federal Regulations pertaining to endangered and rare species living in such "shared" ecological systems. OBJECTIVE 6.8: The County shall protect natural reservations from the impact of surrounding development. Policy 6.8.1: All requests for land development within 10OO feet of natural reservations shall be reviewed as part of the County's development review process to insure no unacceptable impact to the natural reservation. Policy 6.8.2: Criteria contained in applicable objectives and policies of this Element shall apply to development near natural reservations, GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. OBJECTIVE 7.1' The County shall conbnue to improve madne 6sheries productivity by building additional reefs Policy 7.1.1: By ..ta~ary-~-1902~-the~C.-ounty-~a~ I~.~d-a,"~ldit~nai th~ee-art~fi~ The County should continue to _~p_.~y_ for reef constr~ctJon grants and annuaJty place more materials on the exJstin~ permitted sites, Policy 7,1.2: The County v~ll coordinate its activities with the Flodda Department of Natu~a~-Rer. ou~ces, .Environmen, tal Protecfi.o_n, the Marine Extension Office and other appropriate agencies. OBJECTIVE 7.2: a~~eu~ Histodcet data from 1990-1996 shows that the _avera~;~e numb. er of manatee deaths in Collier Count,/due to incidents with watercraft is approxi/%a~ely_32 per..~y~.O,,__O00~ boats. Through the mechanisms and criteda contained .vd ,th. in_~is el__e_.m_ent, the County'.s o_bjective is to cor~troI the number of manatee deaths due to boat related incidenL~ to no mom than this Sev~n yea.r ..average. 18 12 'I'W Policy 7.2.1: Characterize and map designated critical manatee cntical habitats and evaluate areas of greatest potential threats. Policy 7.2_2: Establish restricted boat speed zones, channelized zones or route boat traffic around in areas where the greatest threat to injury of manatees is from boats. Policy 7.2.3: In order to protect manatees, madnas shall be discouraged in designated manatee cntical habitat unless other protective measures are provided. (Reference Policy 11.1 Policy 7.2.4: The County will continue to work with appropriate State and Federal agencies to identify areas where propeller ddven boats will be prohibited. OBJECTIVE 7.3: ~/--Jam, z.a¢/-l~. 1892, The County shall con,hue to develop and implement programs for protecting fishedes and other animal wildlife_by including measures for protection and/or relocation of endangered, threatened, or species of special concern or status. Policy 7.3.1: .~v_a .ccrediting Natural ..Resource st, afl as code enforcement officers, the County shall continue to enforce its existing Sea Turtle Protection Ordinance which provides standards for shielding outdoor lighting, protecting nests from surrounding construction activities, and relocating nests Policy 7.3.2: Pcepere-e (~,ontinue tO upda! .e the guide for homeowners and builders which explains the need for protecting sea turtles and how this can be accomplished~ Policy 7.3.3: ~6~.,?,20~, ~~+'~g-a~~me,'~-~ The County will continue to prepare management guidelines to be incorporated as stipulations for land development orders and to inform land owners and the general public of proper practices to reduce disturbances to eagle nests, red-cockaded woodpeckers, Flodda Panther, a¢~ wood stork habitat~ -1-1)8~,n~~-the prc~p.a~3'~--', -'_f m~n=-?,c..'nee,,t-gek~ .and for other species of special status. , Policy 7.3.4: Until management guidelines are prepared, the County will evaluate and apply applicable recomrnendat~ons of Technical Assistance to Local Government, and U.S. Fish and Wildlife Service federal guidelines regarding the protection of species of special status as stipulations to development orders. Policy 7.3.5: The County's policy is to protect gopher tortoise burrows wherever they are found. It is recognized, however, that there will be unavoidable conflicts which will require relocation of burrow's. The suitability of alternate sites should be evaluated as to: 19 a. physical suitability of the site, b. long-term protection, c. conflicts with other management objectives fo~ the land, and d. costs of relocation. Policy 7.3.6: A species survey to include at a minimum, species of special status that are known to inhabit biological communities similar to those existing on site and conducted in accordance with the requiremenL~ of the Flodda Game and Fresh Water Fish Commission shall be required for developments greater than 10 acres as part of the County's ElS review process. Policy 7.3.7: The County shall notify the FIodda Game and Fresh Water Fish Commission of the existence of any species with special status that may be discovered as a result of the species survey required in Policy 7,3,6 Policy 7.3.8: i~-1.T-, -1 ggo~, the_Coumy_wi~_review~~r.6arYT-, ~r~e~tmg-G~~ County will continue to periodically revi_ew and revise its existinQ codes providing for apl;)rooda~e prohibitions and restrictions on the commercial possession, us__.e., and harvesti_n_,q Of undesirable exotic species_, Policy. 8.1.1. The County will rely on the Flodda Department of Environmental .Protection Reguk31m~, the Florida Division of Forestry or the local fire departments as appropriate under their junsdiction to permit and visually inspect the permitted air pollutant sources in the Count'/. Policy 7.3.9: The County will support the efforts of the U.S. Fish and Wildlife Service's Panther Recovery Plan by designating significant portions of the known habitat for the County's Flodda Panther as "Areas of Environmental Concern" on the County Future Land Use Map. GOAL 8: THE COUNTY SHALL MAINTAIN COLLIER COUNTY"S EXISTING AIR QUALITY. OBJECTIVE 8.1: All activfl~es in the County shall comply with all applicable federal and State air quality standards. Policy 8.1.1: The County will rely on the FIodda Department of Environmental Protection, the Flonda Division of Forestry or the local fire departments as appropriate under their jurisdiction to permit and visually inspect the permitted air pollutant sources in the Count~'. 20 Policy 8.1.2: The fire departments and the County will receive complaints concerning air pollution problems and refer them to the Florida Department of Environmental Regulation, Flodda Division of Forestry, or the local fire departments as appropriate. Policy 8.1.3: The local fire departments, Florida Department of Environmental ~ Protection, and the Flodda Division of Forestry will investigate and act on complaints that are called in or referred to them. Policy 8.1.4: Automobile emissions will be reduced by the policy of the Shedff's Department to stop smoking vehicles and either warn or ticket the operator for the offense, and by the policy of the County to require bike paths or sidewalks on new subdivisions and major County roadways and improvements. Policy 8.1.5: By ,~ac~,.~y~;~ January 1, 2000, the County shall investigate the need for a more comprehensive local air quality monitoring program, GOAL 9: THE COUNTY SHALL APPROPRIATELY MANAGE HAZARDOUS MATERIALS RESOURCES AND TO ENSURE THE HIGHEST ENVIRONMENTAL QUALITY. OBJECTIVE 9.1 ~y-M~c~tThe County shall (Jeve4op~-imptement and update biennially a hazardous materials emergency response plan element as part of its Comprehensive Emer.qency Mana~eme. nt Plan. Policy 9.1.1: The plan shall be developed in cooperation with the Southwest Flodda Regional Planning Council and the local planning committee established under Title III. Policy 9.1.2: The plan shall identify a community coordinator, facility coordinators, and other Federal, State and loc. al agency contac[s (especially the City of Naples) including the responsibilities and duties of each agency, Policy 9.1.3: The plan shall identify emergency notification procedures and lines of communication among reacting agencies. Policy 9.1.4: The plan shall provide a desc. ziption of community anti industry emergency equipment and facilities and the identity of persons responsible for them, Policy 9.1.5: The plan shall address hazardous substances, transpo~ation routes, location of significant hazardous materials, probable affected areas in the event of a release, and emergency evacuation plans. 21 Policy 9.1.6: A training program shall be developed for emergency response personnel. Policy 9.1.7: The Collier County Emergency Management Department shall be responsible for developing, implementing, and evaluating the effectiveness of the plan, including pedodic updates. OBJECTIVE 9.2: By-S~. ~~ The County shall redly the management and disposal practices of identified business, es that are potential generators of hazardous waste, at a rate of 20% of these businesses per_Year. Policy 9.2.1: Dudng the verification visits the County shall advise businesses on proper management and dispo.~al of hazardous wastes and shall encourage the reduction of hazardous waste through recycling. Policy 9.2.2: The verification visits shaJl concentrate on businesses generating waste oil and spent solvents and other hazardous 'waste in areas dose to potable wellfields. OBJECTIVE 9.3: The Collier County Solid Waste Department shall continue to hold its hazardous waste collection day at least once per year. Policy 9.3.1: The hazardous waste collection day shall target residential households but also allow small businesses to par'fidpate to some extent. OBJECTIVE 9.4.: By-Se~embe~3~,~8.~,-~sha),~ta, b~sh T__he ~0u. nty shall implement the ex~stinR a local storage tank compliance program lq protect Qround and surface water quality ndudin~] sfte insPeCtions and information transfer. Policy 9.4.1: The County shall ep,{e~4).implemeN..t provisions of a _the contract with th._~e Department of Environmental ~Jon Protection under the Super Act provisions in order to avoid any duplication of effort. Policy 9.4.2: The County shall concentrate on storage tank installation, inspection, and contractor cedJfication and oversight of maintenance and monitor- ing of petroleum contamination sites. The County shall assess the need for secondary containment of storage tank and line systems espedally in areas dose to potable wellfields. OBJECTIVE 9.5: IB,p~~!, 1~,-the 'I'1~. County shall a~lefM implement .~or~struc~ipn, pretreatment, mon~todr~, and effluent !.im~ requirements of the C..0(IJer (~0unty ~ro~nd Wa[er Protection a~ Ordinance regulating the use of septic tanks serving industrial and rnanufactudng activities. Policy 9.5.1' F~~ Implement a monitoring I~ogram for small quantity generators that dispose of hazardous waste into septic tank systems lo determine hazardous constituents in the septage and in U'm ground water, County .w~th.~me Io. re~'e.Lev, et o,~- e,e.~m,,ic.,e--%~-be ~mak~ appr~ovem, ems~ B. U.'+'..~nbed_ Ar__.:: - D 23 24 ..... a---- Now-zon/~ e4'mg ~e41o ~enr~il~ee,c, oneielent-w/llMl'~e l::utute Lon<~ Ur~ b:---- A-maxm-~m.of-one-reeiden6aLu+~_lae¢_6 g~oee a~ee may be permuted in the .... o -EX~'",9 zcmiy~wh~b, 4e nol.veeled ehali be eubjec~ Io zo,-wng ce-evaluatK)n arear,4o~ potable--water- ac, dqsewe~ehelH~-thoee eelat'~ehed in. the- P~ Fac/4~l~e~ Elemenl Pot, ioy4,0~ lntr~ure-proje<ae-eha~t)e-ooneielent-with-eoa~aCorea ~/on anr~eate ovec_,ualmomeaeuree contained4,'Mh~~. 25 GOAL 10: THE COUNTY SHALL PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY USE ITS COASTAL BARRIERS INCLUOING SHORELINES, BEACHES AND DUNES AND WILL PLAN FOR, AND WHERE APPROPRIATE, WiLL RESTRICT ACTIVITIES WHERE SUCH ACTIVITIES W~LL DAMAGE OR DESTROY COASTAL RESOURCES. OI~JECTIVE 10.1: Priorities f~ shoreline land use shall be given to water dependent uses over water related land uses and shall be based o~ ~ of water-dependent use, adjacent land use, and surrounding marine and upland habitat considera~ns. Policy 10.1.1: Priorities for water-dependent uses shall be: a. Pubtic Boat Ramps; b. Madnas: 1. commercial (public) madnas over pdvate madnas; 2. storage over wet storage; c. Commercial fishing facilities; d. Other non-polluting water-dependent industnes or utilities. Policy 10.1.2: No deep water ports shall be allowed. Policy 10.1.3: Priorities for water-related uses shall bo: a. Recreational faCilities b. Madne supply/repair facility c. Residential development Policy 10.1.4: The following pdodty ranking for siting of shoreline development and the resultant destruction or distu~ance of native vegetative communities for water dependent/water related land uses shall apply: a. areas presently developed, b. disturbed uplands, c. disturbed freshwater wetlands, d. disturbed marine wetJands, e. viabte, unaltered upiar~s, f. viable, unaJtered ff~sh',~f wetlands, g. viable, unaltered madne wetlands. Policy 10.1.5: In order to protect manatees, marinas shall be discouraged in designated manatee critical habit, et unless other protectJve measures are provided, (Reference P~;icy 7,2.3.) Policy 10.1.6: New madnas shall conform to the following criteria: a. Madnas must provide vehicular parking and sewage pump-out facilities; Fueling facilities shall be designed to contain spills from on-land equipment and shall be prepared to contain spills in the water. Madna facilities must be accessible to all public services essential to ensure their safe operation. Madnas and multi-slip docking facilities shall prepare hurricane plans for approval which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment; this hurricane plan shall be reviewed and approved by the County. e. Dp storage should be encouraged over wet storage. Policy 10.1.7: Madnas and other water-dependent and water-related uses shall conform to other applicable policies regarding development in madne wetlands. Madnas that propose to destroy wetlands shall provide for use by the general public. Policy 10.1.8: All new mannas that propose to destroy viable naturally functioning manne wetlands shall demonstrate, the economic need and feasibility for such development. Policy 10.1.9: These policies shall serve as Cnteda for the review of proposed development in "ST" designated lands. OBJECTIVE 10.2: The County shall c, ontJnue to insure that access to beaches, shores and waterways remain available to the pub{lc and ~l-T-t~p-a and continue with its program to expand the availability of such access and a method to fund its acquisition. Policy 10.2.1: Existing access for tY~e public to the beach shall be maintained by new development. New beachfront development shall show on their site-plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County. Policy 10.2.2: Evaluate appropriate public access intervals for renoudshed beaches considering the demand for recreation and the ability of the natural system to support the demand, tf existing access is not sutficient, then the County shall acquire additional access points as a part of the renoudshment project. 27 Policy 10.2.3: A credit towards any developed recreation and open space impact fee shall be given for developments which provide public access facilities. Policy 10.2.4: All public access facilities shall include parking fadlities and roadway access. Policy 10.2.5: The County shall accept donations of shoreline lands suitable for use as public access facilities. Policy 10.2.6: The County shall coordinate with State and Federal agencies regarding use of and access to Federal and State owned properties in the Coastal Zone for public use. OBJECTIVE 10.3: Until~e C~,w, ta,Laame~-a,"~Beacd~y ~~ement- p · ' · ~ Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Policy 10.3.1: "Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines based on the amount of structures per acre of fastlands and for which no development approval or permits have been issued by Collie~' County, or plats recorded. "Fastlands" are the upland area as defined in the Federal Guidelines. Policy 10.3.2: Any development activities on an undeveloped coastal barder must be compatible with protection of the natural form and function of the coastal barrier system. Policy 10.3.3: Tho highest and best use of undeveloped coastal barriers are as functioning natural systems: therefore the first alternative to development should be consideration of acquisition by or for the public benefit to preserve the natural function. Policy 10.3.4: Public expenditure shall be limited to property acquisition and for public safety, education, restoration, exotic removal, recreation and research facilities that will not substantially alter the natural characteristics and the natural func'~Jon of the undeveloped coastal barrier system. Policy 10.3.5: Native or other County approved vegetation shall be required as the stabilizing medium in any coastal barrier vegetation or restoration program. Policy 10.3.6: Prohibit construction of structures seaward of the Coastal Construct- ion Control Une on undeveloped coastal barriers. Exception shall be for passive recreational structures, access crossnvers, and where enf~cement would not allow any reasonable 2~ economic utilization of such property. In the latter event, require construction that minimizes intedrerer~e with natural function of such coastal barrier system. Policy 10.3.7: Participate in and encourage Regional and State programs to acquire naturally functioning, undeveloped coastal barrier systems to insure the preservation of their natural function. Policy 10.3.8: Development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element. Policy 10.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the extent that nativ~ vegetation is lost dudng land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing Vnth compatible native vegetation on site. All exotic vegetatior: shall be removed and replaced with native vegetation where appropriate. Policy 10.3.10: No new bddges, causeways, paved roads or commercial marinas shall be permitted to or on undeveloped bander systems. Policy 10.3.11: Shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall not be allowed on undeveloped coastal banders except in the interest of public safety or of land use related hardship. Policy 10.3.12: Require the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance for new developments or redevelopment's proposed to take place w~thin areas identified as Coastal Barrier system with the exception of one single family dwelling unit on a single parcel. Policy 10.3.13: These policies shall be implemented through the e~sting "ST" zoning procedures. Policy 10.3.14: Substantial alteration of the natural grade on undeveloped coastal bamers by filling or excavation shall be prohibited except as a part of an approved dune an,~or beach restoration program, or as part of a DER approved wastewater treatment system or as part of an approved public development plan. Policy 10.3.15: Agriculture and timbering are not exempt from the a~ove Goals, Objectives, and Policies related to coastal bamer systems. OBJECTIVE 10.4: ~ .-~, Co=~.~.~ ~.~..'?i~ ""~ P~.~'"~' Sy"~ u~~, p~~~ ~ ~1o~ ~stal ~em and de~d shorelines shall ~ ~n~nued to be [e..~t, ored end then ii!aintained, when apl~rol:)date by establishing mechanisms or projects which limit the effects of development and which he{p in the restoration of the natural functions of coastal barriers and affected beaches and dunes Policy 10.4.1: Promote environmentally acceptable and economically feasible restorat- ion of the developed coastal barners and the urban beach and dune systems. Policy 10.4.2: Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent i~operties. Policy 10.4.3: Prohibit act~ties which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Poticy 10.4.5: Initiate and support beach and dune restoration and preservation programs where appropriate. Policy 104.6: Require native vegetation as landscaping in development actiWties in developed coastal barrier systems and on the beach and dune systems. Policy 10.4.7: Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Flodda Coastal Zone Protection Act of 1985 or where said prohibition would resull in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction w~ll be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal b3mer system. Policy 10.4.8: Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtJe nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate W~ll restore the historical dunes and will vegetate with native vegetation. Policy 10.4.9: Seawall construction fronting the Gulf of Mexico shall be prohibited except in extreme cases of hardship. 3O Policy 10.4.10: Vehicle traffic or traffic on the beach and pdmary dunes shall be prohibited except for emergency and approved maintenance purposes. The County shall enforce th~s requirement with the existing Vehicle On The Beach Ordinance. Policy 10.4.11: Develop tax incentives and other land use incentives to encourage additional access or parking areas to provide utilization of the high capacity urban beaches. Policy 10.4.12: In pennitlJng the repair and/or recons~ of shore parallel engineered stabilization structures, require, where appropriate, at a minimum~ a. All damaged seawalls will be replaced with, or fronted by, b. Where appropriate, repaired s~ures will be redesigned Policy 10.4.13: Development and redevelopment proposals shall consider the implications of potential rise in sea level. OBJECTIVE 10.5: For undeveloped shorelines, pro,zide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards which will minimize the impact of manmade structures on the beach and dune systems. Policy 10.5.1: Recreation that is compatible Vath the natural functions of beaches and dunes ~s the highest and best land use. Policy 10.5.2: 1~y-19~90; Prioritize acquisition efforts in order to meet the projected need for additional public beaches. Policy 10.5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Policy 10.5.4: Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shaJ/be for passive recreational structures, access c/ossovers, and where enforcement would not allow any reasonable econo, rotc utilizabon of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. 31 Policy 10.5.5: Prohibit rnotOnZe vehicles on the beaches and dunes except for emergency and maintenance purposes. The County shall enforce this requirement w~th the existing Vehicle On The Beach Ordinance. Policy 10.5.6: Regulate activities so that they will nct threaten the stability of the dunes or the beach itself. Policy 10.5.7: Pursue the acquisition of undeveloped beaches and dunes as the first alternative to development. Policy 10.5.8: Prohibit sh<:xetine an-noting processes arid encourage non-structural methods for stabilizing beaches and dunes. Policy 10.5.9: Prohibit construction seaward of the Coastal Construction Control Line except as follows: a. Construction will be allowed for public access; b For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in the 1285 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Policy 10.5.10: Construction activities shall not interfere with the sea turtle nest- ing, shall preserve o; replace any native vegetation on the site. and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. Policy 10.5.11: The County will waive all other non-safety related set-bark require- ments and site planning requirements before allowing const,"uctJon seaward of the Coastal Construction Control Line. Policy 10.5.12: For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as apl::h-opriate. OBJECTIVE 10.6: i~/-A~t_The County shall continue to implement the Coastal Barrier and Beach Sys~m Management Prograrn by conservirKi the _ha_b_Rats, species, natural shomtine and dune sYst .ePT.,S contained within th.e. County coastal Policy 10.6.1' The program sh~l includes the management, guidelines and performance standards p~'epared for the undeveloped coastal bamers contai~'~ed within the coastal barrier and estuadne NRPA (Policy 1.3.2). 32 Policy 10.6.:2: The program ~ addresses County resource management policies and procedures for all County jurisdiction beaches, dunes and coastal barriers (both developed and undeveloped). Policy 10.6.3: The program shall-be i.~ based in part on the beach, dune and coastal bamer data, analyses and management recommendations contained in the County's coastal management program technical reports and the Collier County Beach Management Studies. Policy 10.6.4: The pcogram ~ co~sider§ the implications of a potential dse in sea level. Policy 10.6.5: Collier ~ sup~rts, federa! ,and ~tate agency efforts to deny permits and establish a pe~ moratorium .on the offshoce oil and gas exploration and ddllin¢l along the west coast of Florida, and to the extent .a. liowed by law, s_hall take appropriate actions to oppose any offshore oil and _gas exploration and dd!linG proiects in this sensitive area. GOAL 11: THE COUNTY SHALL PROVIDE FOR THE PROTECTION, PRESERVATION, AND SENSITIVE RE-USE OF HISTORIC RESOURCES. OBJECTIVE 11.1: To protect histodc and archaeological resources in Collier County. Policy 11.1.1: Con~ in effect regulations regardir'~ ~~pt .~ 0~r ~nd al~era~on a~es that ~ ~ ~~on. ~nsiti~ ~use. ~~ti~ ~ si~n~nt hist~ and ~~1 mS~S, or a~g~te m~g~ in a~an~ ~ ~e s~ndards. Policy 11.1.2: l~eAe4e~m. ' ' ~, tka~,amemJec~e~ ;..,,c~'"~"'-__, .~,),,.. '~,. '~., tThere _ shall be no loss of histodc or archaeological res4)utces on County-owned property and historic resources on Prhrate property shall be protected, preserved or utilized in a manner that will alkTw their continued existence. ConservatJ<~) ted3niques shall include at a minimum: a. Dudng the development permit revie-w process, histonc or archaeological sites shall be identfrmd and shown on the site plans; The County shall establish waiYers for nomsafety retated set back requirements and site planning requirements in order to accommodate historic structures or historic sites within a proposed devest; c. As an altematiYe to preserving archaeological sites, the Owner may allow excavation of the site by the State of Florida Division oi' Historic Resources or the approved 33 12A 1 alternate prior to development. Should a sIte be scientifically excavated, then development may proceed without preserving the site; d. The County shall accept donations of historic or archaeological sites: Archaeological sites that are to be preserved may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or archaeological sites shall qualify for any open space requirements mandated by development reguJations. Policy 11.1.3: If, dudng the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The County will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activity. GOAL 12: THE COUNTY SHALL MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. OBJECTIVE 12.1: Continue to Eencourage the undertaking of activities necessary to attain-maintain by ~,8~14, hurncane evacuation clearance time for a CategorT 3 storm at a maxJmum of 28 hours as defined by the 4967 1996 Southwest _Flodda Regional Planning Council Hurricane P~,an Evacuation Stud'/Update, and by 1999, 27.2 hours. Activities Wql include on-site sheltenng for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Gategory-1 hurncane.vu4nerabi~ty zone Coastal high hazard area in the land use plan. Policy 12.1.1: A comprehensive awareness program will be developed and publicized pdor to May 30th of each year. Evacuation zones and routings shall be pdnted in each local newspaper. -By-May ~ This info~aQon shall be made readily available to all hote~motel guests. Policy 12.1.2: Land use plan amendments in the ~ate~N=y-l-h~m, ca~ab~ty-zene Coastal high hazard area shall only be considered if such inc. xeases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times, shel~)e~ ' ' -ttwee-years and may.change4o~a density-level.:resistent-with ~he-Futu~e Land Use Elemer~ 12A'1 Policy 12.1.3: The County shall continue to identify sheller space that complies with Red Cross standards for 45,000 persons by-484M 1998 and 60,000 by lggg2002 Shelter space wdl be determined at the rate of 20 square feet per person. Policy 12.1.4: By-199~-an (xdinance shall-be adoCed-r=,o-thateac~ ¢ew.~-home-commum[y.;,n the Gategocy-4 ,--2-ami -3.-vulnerably- zoc, e~~~~~e~t~ approfxiate ~ ~a~~~-e4~~ The Count~ shall ~ntinue to maintain requirements and standards fo~ humane shelters fo~ all n~ or existin~ mobile home subdi~sions in the process of expagdin~, ~ ale 26 units o~ larq[r in size to pro,de emer~enc~ shelter on-site or pro,de fundin~ to enhance existin~ public shelters off-site. Building ~11 be of such a size to house pa~ residents at the rate of 20 sq. ff per resident. Resident size ~11 be estimated by averaging pa~ population during ~e June-November time frame. On-site shelters shall be elevated to a minimum height equal to or a~ve the worst ~se Catego~ 3 hurd~ne flooding level ~~lo utilizing the ~ cu~ent National Oceanic and Atmospheric Administration's ~O~%~~ed~-~ sto~ Sq[ge model,, known as Sea, Lake, and Ovedand Surges from Hum~nes ~L~. ~1~ ~li ~ ~nst~ed ~ ~l~ -140 ~; The desig~ and construction of the required shelters shall be guided by the w~nd loads applied to buildings and statures designated as "essential facilities" in the latest Standard Buildinq ~ode, Table 1205 Shelters shall be construed ~th adequale emerqency electn~l power ~otable water supplies', shall pro,de adequate glass protection by shutters or boards; ~~~~~ ~~a~--~~ and shall proGde for adequate ventilation, sanitart fadlities and first-aid equipment. A telephone and baffe~-operated telephone is also required ~thin the shelter Policy 12.1.5: The directors of the Transportation and Emergency Managemen[ Departments will review, at least annually, evacuation route road needs to assure that necessary improvements are incorporated within the Capital Improvement and Traffic Circulation Element projects, as indicated in Table 1 of the Appendix Policy 12.1.6: The County shall update the hurricane evacuation portion of Collier County Peacetime Emergency Plan pdor to June 1st of each year by integrating all regional and State emergency plans in the identification of emergency evacuation routes. Policy 12.1.7: The County's land development regulations shall include mitigation policies addressing flood plains, beach and dune alteration and storm water management OBJECTIVE 12.2: The County shall ensure that building and development activities are corned out in a manner which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renoudshment, road repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied 35 ]2A Policy 12.2.1: The Hazard Mitigation Annex of the peacetime Emergency Plan (PEP) shall be reviewed and updated every three (3) years beginning in 1988. The Director shall also incorporate hazard mitigation reports from other agencies into the Peacetime Emergency Plan. Poticy 12.2.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth p~s within the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the coastal high hazard area. In addition, ex/sting zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the Future Land Use Element. Policy 12.2.3: The County shall participate in the National Flood Insurance Program (NFIP). Policy 12.2.4: The County shall maintain requirements for structural wind resistance as stated in the latest approved edition of the Southern Standard Building Code. Policy 12.2.5: The County shall consider the coastal high-hazard area as that area eeawe~d-of-4he. Coaetal -..~d. !n C~,~r.. Co~~l:~eta~ am~. tyin~ within the Category I Evacua!jop ~one as determined by the Emergency Management .Director Policy 12.2.6: The County shall require that all new sanitary sewer facilities in the coastal high-hazard flood area be flood proofed, be designed to reduce leakage of raw sewage dudng flood events to Ihe maximum extent practicable, and new septic tanks shall be fitted with back-flow preventers. Policy 12.2.7: By-:IgOr, The County,.~.hall continue !o assess all unimproved property within the coastal high hazard area and make recommendations on appropriate land use. Policy 12.2.8: Public I~acilities that are dependent on County funding shall not be built in the coastal high-hazard area unless the facility is designed for public access or for resource restoration. OBJECTIVE 12.3: The County shall develop and maintain a task force that will plan and guide a unified County response to post-hurricane disasters. Policy 12.3.1: The peacetime, t~me~gen~Pk3~-{PEP) (;omprehensive Emer~ency Managemem Ptan shall comply with the policies under this objective, and shall contain step-by-step deta~s fc~ post disaster recovery. Policy 12.3.2: After a hurricane that necessitated an evacuation, the Board of County c_.omn'.s.~oc~ sha~ meet to hear preliminary damage assessments. This will be done pdcx to ~ cd ~ population. At that time, the Commission will activate the recovery task fcxce ~ cortsa:ter a temporary moratorium on building activities not necessary for the pub~ hea.qh, safety ar'4 welfare. Policy 12.3.3: The recovery task force shall include local law enforcement authorities, the Comrnu~My Development Administralor, Public Works Administrator, Planning and Zoning Director, Emergency Management Director and other members as directed by the Board of County Commissioners. Representatives from municipalities receiving damage from the storm should also be members of the recovery task-force. Policy 12.3.4: The recovery task force shall review and decide upon emergency building permits, coordinate with State and Federal officiaJs to prepare disaster assistance applications, analyze and recommend to the County Commission hazard mitigation options including reconstruction or relocation el damaged public facilities, recommend amendments to the Comprehensive Plan, Peacetime Emergency Plan and other appropriate policies and procedures. Policy 12.3.5: Immediate repair and clean-up actions needed to protect the public health and safety include repairs to potable water, wastewater, and power facilities, debds removal, stabilization or removal of structures that are in danger of collapsing, and minimal repairs to make dwellings habitable. These actions shall receiv~ first pdodty in permitting decisions Policy 12.3.6: Structures in the coastal high-hazard area which have suffered damage to pilings, foundations, or load-bearing walls on one or more occasion shall be required ta rebuild landward of their current location or to modify the structure to mitigate any recurrence of repeated damage. Policy 12.3.7: The County shall develop and _adopt a Post-disaster Recovery. Reconstruction and Mitigation Ordinance pdor to May 30, -198g 199, ,7,, a--f4~m~c.m~~ to evaluate options for damaged public facilities including abandonment, repair in place, relocations, and reconstruct$on with sLnJctural modifications. This process shall consider these options in light of factors such as cost to construct, cost to maintain, recurring damage, impacts on land use, impacts on the environment arK:l public safety. Policy 12.3.8: W'rthin 30 days of a hunicane resulting in disaster the County shall identify non-public ~ in the coastal high-hazard area, inventory their assessed value, judge the utility of 37 1 the larl~ for public access and make recommendations for acquisitiOn during post-disaster recovery. OBJECTIVE 12.4: The County shall make every reasonable effort to meet the emergency preparedness requirements of people ,~th special needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. Policy 12.4.1: All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Emergency Management Department prior to receiving a final development order. Policy 12.4.2: The County, in cooperation with other public agencies and public service groups, shall make a reasonable effort to provide for the emergency transportation needs of people having limited mobility that do not reside in licensed institutions serving people with special needs. Policy 12.4.3: The County, in cooperation W~th the Depa,'lme~ of*Health~-~:l-igehab4itatio~ Services Collier County Health Department and other public service groups shall make a reasonable effort to provide basic medical serWces in selected shelters designated as special needs shelters, GOAL 13: THE COUNTY SHALL AVOID. UNNECESSARY DI~IPUCAT!ON OF EXISTING REG UL,4.TORY PROG.RAM~, (H J C'RVI !3,1: To estab~sh, prior to the adopt~ of .any land development regulation to implement this :,.'tcludina_b !irnil ,,. !0 NRPA manaoen~nt gukJelines and watershed man~r~ent plan$~ a program to r~v~,w _N,~K'.h ~s and identJ_f.~xi_s~n~ reg_9!atory ~e_x_ .eft. ,.%,ed by regizx~ai_ _ _. ,~late. ,cF. Federal age .,,n1:~$ wfth junsdict]on over the actJvitie,,; P !3..!.1' Thee y~J be no unrip, s~ Ck~~ ~ existing_ R_-e~ional, State, or Federal permittmq Policy 13.1.2: .The County may adopt reg.ulations to strengthen exJstinq permitting prop_rams. Poti ,c¥ 13.1.3: Prior' t.o adopting any ,new regulations to implement this Element, the following guidelines shall met: a. It fulfills an imoortan,.l~ ne~;I not presentJy adequately met by existinq Regional, ,~tate. or F ..ed~,ral reoulatJon. b. The regulatJ0P can be eff.ectJ .ye. Iy and e~cientl¥ administered by aut_hodzed increases t.o County staff. c. The cost to the Co.unty of implementin.q the r._e,~, ulation shall have been identified and considered. 38 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the ~entieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a tru9 copy of: ORDINANCE NO. 97-66 Which was adopted ~j the Board of County Commissioners on the 28th day of October, 1997, during Regular Session. WI~4ESS my hand and the official seal of the Board of. County Commissioners of Collier County, Florida, this 5th day of November, 1997. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of ,,. County Commissioners ~ '- ,- By: /s/ Sus~ Barbire~i~ ~puty Clerk , .'," ~ · "~' - 12A ORDINANCE NO. 97- 67 AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NUMBER 89-05. AS AMENDED. THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. FOR THE UNINCORPOI::~TED AREA OF COLLIER COUNTY. FLORIDA; BY AMENDING THE FUTURE LAND USE ELEMENT 89-05; BY PROVIDING FOR SEVEF~,BILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10. 1989; and WHEREAS. Collier County has held public hearings to provide for and encourage public padicipation throughout the 1996-97 plan amercement process; and WHEREAS, Collier County did submit the 1996-97 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on April 29, 1997; and WHEREAS, the Department of Community Affairs did review and make written objections to FUTURE LAND USE ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or nol adopt the proposed FUTURE LAND USE ELEMENT Amendments to the Gro,,,4h Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public headngs concerning the adoption of the FUTURE LAND USE ELEMENT Amendments to the Growth Management Plan on October 28,, 1997; WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTIO.~: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be kn'.Jwn as the FUTURE LAI',ID USE ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier Count,/ Growth Management Plan FUTURE LAND USE ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. ~.,F,_C...T_ J_~: SEVERABILITY. If any phras,; or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such podion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. ~,T~DJ~L.T~J~: EFFECTIVE DATE. The effectNe date of this Amendment to the FUTURE LAND USE ELEMENT shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in acx'.ordance with Section 163.3184, J~lorida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this Element may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3~ Floor, Tallahassee, Flodda 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County thiso~".~?day of October, 1997. ATTEST: DWIGHT E. BROCK. CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJ(~IE M. STUDENT ASSISTANT COUt',rT'Y ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLI~UN_T~, FLORID,~ CHAIRMAN 1997 FUTURE LA/'JD USE ELEMENT COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT COLLIER COUIqTY GROV~rI'H MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared By Collier County Comprehensive Planning Section Planning Services Department October, 1997 ~Aj~.L,{D~~LLIER COUNTY GP~L-I~MANA~LAH F___UTURE LAND USE_E~ *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. SUMMARY OVERVIEW A. B. C. Do PURPOSE BASIS UNDERLYING CONCEPTS Protection of Natural Resource Systems Coordination of Land Use & Public Facilities Management of Coastal Development Provision of Adequate & Affordable Housing Attairu'r~ent of High Quality Urban Design Improved Efficier~y and Effectiveness in the Land Use Regulatory Process Protection of Pdvate Property Rights SPECIAL ISSUES Coordination of Land Use and Public Facility Planning Level of Service Standards Vested Rights FUTURE LAND USE MAP II. · IMPLEMENTATION STRATEGY · GOALS, OBJECTIVES AND POLICIES ° FUTURE LAND USE DESIGNATIONS DESCRIPTION SECTION Urban Designation Density Rating System Agricultural/Rural Designation Estates Designation Conservation Designation Ovedays and Special Features FUTURE LAND USE MAP SERIES 'Future Land Use Map 'Mixed Use & Interchange Activity Centers 'Properties Consistent by Policy (5.9, 5.10, 5.11) · Natural Resources - Wetlands Suppo~ Document: Public Facilities Natural Resources - Waterwells, Cones of Influence River, Bays, Lakes, Floodplains, Harbors, and Minerals (includes lands acquired for conservation and lands proposed for acquisition for conservation) IlL SUPPORT DOCUMENT: LAND USE DATA AND ANALYSIS (Separate Table of Contents) 4 4 4 7 10 11 21 The Future Land Use E~ement includes three major sections: Overview, Implementation Slrategy, and Land Use Data and Analysis. The Overview simply provides an introduction as to the purpose, basis, undertying concepts and special issues addressed by the Element. The Implementation Strategy is where the Element is brought into effect. Included are the Goals, Objectives, Policies and Future Land Use Map. The third section consists of Support Document: Land Use Data and Analysis. The information found there provides a basis for the Implementation Strategy and serves to meet the requirements of Section 9J-5.006, FIodda Administrative Code, minimum requirements for the Future Land Use Element. The geographic framework for growth in Collier County is established by U'~e Future Land Use Element. As such, the Element is central Io planning for and management of natural resources, public facilities, coastal development, housing and urban design. The Element is also important the County's system of ),and development regulations and Io private properly rights. The purpose of lhe Future Land Use Element is to guide decision-making by Collier County on regulatory, financial and pro<jrammalic mailers pertaining to land use. Most directly. [his Element controls the location, type, intensity and timing of new or revised uses of land. The land use strategy in this Element is closely coordinated with a slrategy for provision of public facilities as found in the Capital Improvements and Public Facility Elements of the Comprehensive Plan. This Element is based in large part on the Future Land Use Element adopted as part of the 1983 and 1989 Collier County' Comprehensive Plans. The land use strategy put forth in those Plans have served Collier Courtly well, therefore, a general continuation is provided. The best characterislics of the 1983 [;r)d 19.~ Comprehensive Plans included the use of a binding Future Land Use Map wJ~h designaled "Urban" areas and Ihe confinement of inlensive Zoning Districts. thus intensn/e ~and uses, to those areasFandqheu~J~of-a-Poin~-catmg-rWCem~)'~e~rmm'e i~ SuC~)~q-~a~'~n,; to ,,hi~ E~e. rnem. In addition, this Elemenl is based on the Support Document: Land Use Data and Analysis, and the summation of the detailed planning conducted for each of the other podions of the C~row~h Map, agerc, e~P-k~q .C,_¢l:l~_reh~flsJye PlaZ). Data, analysis and implementation strategies from the various elements have contributed to the geographic framework through the configuration of Ihe designations on the Future Land Use Map and the associated standards for use of land. The State Comprehensive Plan and the Southwest Florida Regional Comprehensive Policy Plan form another basis for the Future Land Use Element. Chapter 163, Florida Statutes, the "Local Comprehensive Planning and Land Development Regulation Act" and Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance," provide detailed requirements on the scope and contenl of the Element. Finally, major contributio¢~s to this Element have been provided by the public through the Collier Countyv.v....r'--'"'"~', .....,~"~ ...... _=,v..~...~ Citizens Advisory Committee in coniunction, with the Evaluation and ~;zpraisal Reoort adopted by the Boi~rd of County_ Commj~=,ioners in Apr.. 1996. the Collier County Planning Commission, which is the local planning ~c~ and other groups and individuals. (;:. UNDERLYING CONCEE'rS The land use stratr".4y established by this Element is based on a series of concepts which emerge from the foundation cited eadier. The policy direction and implementation mechanisms closely relate to these underlying concepts. Collier County is situated in an ur, ique, sensitive and intensely interactive physical environment. Natural resources are abundant: a subtropical climate with annual wet and dry seasons; enormous groundwater productivity; vast wetland areas; large ranges of habitat with diverse and unique flora and fauna; extensive and highly productive estuarine systems; and many miles of sandy beach. These natural resources perform functions which are vital to the health, sa~'ety and welfare of the human population of the County, and serve as a powerful magnel to atVact and retain visitors and residents. Therefore, protection and management of natural resources for long-term viability is essential to support the human population, ensure a high quality of life, and facilitate economic deveJopment. Important ~o this concept is management of natural resources on a system-wide basis. The Future land Use Element is designed to protect and manage nature[ resource systems in several ways. Urban Designated Areas on the Future Land Use Map are located and configured to guide concentrated population growth and intensive land (~evelopment away from areas of great sensitivity and toward areas more tolerant to developmenl. ~thin the Urban Designated Areas this Element encourages Planned Unil Development zoning and assigns maximum permissible residential density based on the gross land area. Through site plan review procedures in the Land Development Regulations land alteration and construction is guided to the portions of the property more tolerant to development, thus, in effect, an on.site transfer of development rights. Also, a broader Transfer of Development Rights provision exists in the Land Development Regulations. An Area of Cdtical State Concern Overlay is included on the Future Land Use Map to ensure implementation of all applicable Land Development Regulations in the Okaloacoochee Slough, Big Cypress Swamp, Fakahatchee Strand and Ten Thousand Islands areas. :T-e-be 3 p3rt o~he The County's Land Development Regulations are-provide standards for protection of groundwater, particularly in close vicinity to public water supply wells as explained in the Natural Groundwater Aquifer Recharge Element. Of crucial importance to the relationship between natural resources and land use is the completion and implementation of multi-objective watershed management plans as described in the Drainage Element. Water is the greatest integrator of the physical environment in that it links together dynamic ecological and human syslems. Therefore, the watershed management plan must take into account not only the need for drainage and flood protection but also the need to maintain water table levels and an approximation of natural discharge to estuaries. The watershed management plans will have implications for both water management and land use practices. Finally, natural resources are also protected through close spatial and temporal coordination of land development with the availability of adequate infrastructure (public or private facilitiesl to ensure optimized accommodation of human impacts, particularly in relation to water supply, sewage treatment, and management of solM waste. This coordination is accomplished lhrough the provision of public facilities as detailed in the Capital Improvements and Public Facility Elements and through the Level of Service Standards found herein. (;:oordination of Land Useand Public Facilities At the heart of Flor'ua's Growth Management Act (Chapter 163, Florida Statutes) is the requirement that adequate service by public facilities must be available at the time of demand by new development. This requirement is achieved by spatial coordination of public facilities with land uses through the Future Land Use Map; and temporal coordination through Level of Service Standards. The Level of Service Standards are binding - no final local Development Order may be issued which is not consistent with the Concurrency Management System. Binding Level of Service Standards have been established for roads, water sup'ply, sewage treatment, water management, solid waste and parks. While the standards in the Capital Improvements and Public Facility Elements serve to guide public provision of infrastructure, within the context of the Future Land Use Element the Standards serve to assure the availability of adequate facilities whether public or private. The Urban Service Area concept manifested in this Element is crucial to successful coordination of land development and the provisio~ of adequate public facilities. ~t is within Urban Designated Areas on the Future Land Use Map that the more intensive Zoning Districts are permissible, thus the more intensive land uses. Since Urban Designated Areas are where intensive land uses are guided, it is also where fiscal resources are concentrated for the provision of roads, water supply, sewage treatment and water management. Also, facilities and services such as parks, government buildings, schools and emergency services are primarily located within Urban Designated Areas. Outside of the Urban Designated Areas only lower intensity land use is permissible, thus fewer roads and a lower levet of water management is provided, and there is no, or very limited, central water and sewer. It is impo,l~nt Ihat the Urban Designated Area not be so large that public facilities cannot be efficiently and effectively planned for and delivered; and not be so small that the supply of land available for development is extremely hmited with resultant lack of site selection options and competition icad,rig to elevated land prices. It is also important that the time frames for land use and public facility planning be coordinated as discussed later in this Overview. Two major coastal development issues in Collier County are the protection of natural resources and the balancing of risk in natural hazard areas. Extensive populated areas in Collier County are vulnerabl:; to penodic salt water inundation l'rom tropical storms. It is extremely important that an acceptable balance between al.risk population and evacuation capability be achieved. In addition, pubhc and private investment in such vulnerable areas must be carefully considered. This issue is addressed here and in the Humc,ar~e-Ewa~Ja¢,o~~~ M.a.Q. ag~.I3~t_F,J.C. Ei~.t through several measures. A Coastal Management Area is identified on the Future Land Use Map essentially as all lands seaward of US 41. This line is based on the close fit to the storm Category 1 SLOSH area (potential for salt water flooding from 1 storm in 12 years) and evacuation planning areas. Within the Coastal Management Area maximum permissible residential density is limited in recognition of the level of risk, the existing deficiency of evacuation shelter space and existing patterns of density. A Coastal High Hazard Area is identified in Ihe-14u~¢~ ~t~m-E~,mem c_C,~.Q~yaJ~on and Coastal Mana?,QlcQLgJ.e, Cl.e~ and policies are provided. Finally, coastal natural hazards are addressed through Land Development Regulations already in effect relating to coastal building standards, per Chapter 161, Florida Sl~tutes, and protection of structures from floods, per County participation in the FEMA Flood Insurance Program. E[9_yj~LgD_gj.~de__quate and Affordable~ An emerging issuo in Collier County is the availability of adequate and affordable housing for Iow and moderate income populations. The Future Land Uso Element encourages the creation of affordable housing through provisions which allow for increased residential density if the proposed dwelling units would be affordable based on the standards found in the Housing Element. A~aJnment of The report of the Reg,onalAJrban Design Team for the Naples area, dated April 1987. and subsequent recommendations of the P, AJDAT Citizen Committee. provide another underlying concept. While the Growth Management Plan as a whole provides the requisite foundation for superior urban design through a sound framework for growth (protection of natural resources. thoughtful guidance of land uses, adequate public facilities and adequate housing), the Future Land Use E~ement provides several additional measures. Major attention is given to the patterns o1' commercial development in Collier County. Concern about commercia~ development relates to transportation impacts both on a micro (access to road network) and macro (distribution of trip attractors and resultant overall traMc circulation) level and it relates to aesthetics and r~ense of place. W~thin the Traffic Circulation Element a commitment to adopt standards for road access I;ze,..e,&accomolished throu91]_W..e,J~ccess Cont.rol P_oE_c-yj~o. pi~¢J~y P~~ A~ces~ Ma.[]agement Plans for_.gz~.e,d_U~e,,_~6tJvity_C~QJers The Future Land Use Element includes improved locational criteria for commercial development. The Mixed Us.~ Activily Centers are intended to provide for concentrated commercial development but with carefully configured access to the road network. Superior urban design is therefore promoted by carefully managing road access, avoiding strip commercial development, improving overall circulation patterns, and providing for community focal points. A second urban design initiative relates to Corridor Management Plans. The Future Land Use Element commit6ted to the completion of such plans for two roadways initially and to extend the concept to other roads in the future, The plans will identify an urban design theme for a particular road and recommend a package of Land Development Regulations (land use, height, setback, landscaping, signa9e, lighting, etc.) and public works (landscaping, lighting, signage, etc.) to achieve that theme. The City of Naples and Collier County-ace hayecooperati¢~;I on the first roads to be treated with this approach. The Str_e~gS..f~l~,~a.~tCr P!aA adop_.W,~d by the B_Oa.[.d of the ~_~L~.[_C..~u.~has a~o_acDPl~--D~~~--~s for_a~_comm~,ial d~,ze, Joomen~ p,~velopment Code. Th~se develooment standard~z~zd.e building design. _~ar~"~g lot orientation. p~estrian access, vebj..c~ent, lands~r~d lJgb.~g. T~,s.e,~tandar~will qualj~,' development th_atj.~s_[.e..~ive to the Community's cha~cter. l[[tl~gved Efficiency ap.d_E~_ectlveness in the Land Use RegulaLo. ry Proce, A~ Attention has been devoted to improving the land use regulatory process through straightfor, vard requirements and procedures. This has led to the style and structure of this Plan: a ~z-e ~E~3/3JJ~:~J3-~f-[J~ C~evelopme~t review process; and com¢~- i~"~ !nto.-.~"~t~-c, od~ tile compilation o~aLLLa~d ~2.¢,~e,l.~~~_single. unified Land Development Code. ~'rotection of Private Pro.perry Riphts Important to every facet of this Element is maintenance of a careful balance between private property rights and the general public inlerest. Although sound land use management by definition establishes limits on use of property, care has been taken to ensure the limits are rational; fair; based on the health, safety and welfare of lhe public; and that due process is provided. Of padicular impodance is the issue of vested rights which is addressed later in this Overview. D, SPECIAL ISSU. E.~ _Coordination of L&nd Use and Public Facility_ It is important that the time frames of land use planning and public facilities p~anning be coordinated. During the develogment of the~.r4~,~c, egecc'~k~ L,~t;Lcp Area_~uildout Study it became clear that an incongruity existr¢.~ in that under the -198,3_t.~9 Collier County Comprehensive Plan, enough land in the western coastal area was designated Urban for approximately 3!7,000~-. ~ dwelling units (einclusive of the City of Naples) ........... ;---,~,,. ~."t nmr~m~-~-w~,~~ 3,,nd -1-20,000,, dwe~i-u¢¢,r,~4~--~ ~t un~i!t ~s of Js,m,J~cf th~ C?/oil-Naples) with a pooulation of 458.000. with buildout occurring between 2019 a~pending on the growl, h [.aLe~[ the County_. Of this. a¢oroxLr]3~sjcJ.y~_dwcJJJ99 units were?,uilt .a,s o[ April 1. 1996 finclusive of the City of Naples). In the Immokalee Urban Area enough land nap been included for ~pproximately 39.000 dwelling units with a build-out time horizon of 2105. ~ These buildo¢ ~contrasted by the time frames for public facility planning which are at 10 years for all facilities except roads where a 20~,5 pi,,,., :, ,4,,,.;,.,,..~4_~_ ~,..c4m~,~e-a~ro×~y ! 53¢1.00 dw~~CJusive ¢ '.he City of Nates-) 2020 financially [¢,,.¢sible Dian exists for the County. the 2020 [:)lan is desigQ~L[g_.&c..c,~~proximat¢l.~246.500 dwelling units and a [:)opulation ¢J_3_,9~_100 dncl.~Ly.~o_J._tbc_Oity of Na_oles}. As previously discussed, Level of Service Standards for public facilities which are binding on land development are adopted for roads, water supply, sewage treatment, water management, parks and solid waste. Of these, the first are most closely tied to the development of a property - adequate roads, water, sewer and water management must be on or adjacent to a property in order for it to be developat~ed. Parks and solid waste are a matter of ensuring adequate countywide capacity. To narrow the issue further, it is recognized that the approach to adequate water management is regulatory - a level of on-site storm flood protection is required. In the case of water and sewer, atthou4j~tbC,..County b.~ provided IJJ.i!Jty systems which are substantial and expanding. 3 !srge-amou ' ' Thus, the critical issue becomes coordination of land use and transportation time frames. The difficulties that this incongruity - in land use planning and transportation planning time frames - could lead to, include: An internally inconsistent Plan; Failure to reserve adequate right, of-way at time of zoning; Condemnation of land after zoning or after development hq order to obtain adequate right of way; Temporary prohibitions on issuance of Development Orders due to violations of Level of Service Standards; and Progressive lowering of Level of Service Standards. The ~ ¢;¢m.(x~bensi~ Plan responds to the ~Jme frame discrepancy through immediate action and through proc. ess oriented commitments, First, the Traffic Circulation Element includes an Objc .-live to coordinate with the Future Land Use Element and a policy to complete long range transportation planning Zb.(t Urban Area Buildout Study_~as prepared to assist in the develo.oment of a of the Coastal Urban Area with a s_Decific focus on the infrastructure improvements ac.,C.,C~.tbe Urban area's potential growth based on th(t~d_U_~(~ Map. Phasc.,_L r,,gl~_leted in 1994. orovided a cofnorehensive~,~y_gf_Lb¢,_ur~aLe.~41g-~¢afion while Pha_~J] was an anal,!sis of infra~iG,i.ciNre Beaded to accommod~J2N~JJ-(2Q- Second. lhe Density Rating System has been adjusted to moderate maximum permissible densities in areas subject to long range congestion, Third, commercial development opportunities in the form of. Activity Centers are provided aw~y ~"'""'" 3r~ .... ~ .... ~ ~.=m,.. ,--,-..,~,~.~,,-,,-, D_include a mixture of uses which has th~ cx:Aential lo lessen Ihej~pact on the transportation system. _F_~urth. the Level of Service Standards that are binding on the issuance of Development Orders are adopted as part of this Element, as well as the Capital Improvements Element, Finally, a Zoning Reevaluatio~ Program has been established ~3~[JiIN2J.eJ:D~3icd which reviewed and modified, whe_r_~ possible, zoning ~/ith a higher density_ or intensity_ than provided for in the 1989 Com~r_..eh~nsive The areas identified as subject to long range traffic congestion consist of the western coastal Urban Designated Area seaward of a boundary marked by Airport Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road. and Rattlesnake Hammock Road consistent with the Activity Center's residential density band located at the southwest quadrant of the intersect~or~ of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). The basis for this determination was the 2015 Transportation Plan which forecasts future land use based on existing develocment, potential development and population projections. The land use forecasts are lhe basis for proiected unconstrained traffic circulation from which, once compared to the existing roadway network, future roadway needs are derived. r4~l.w~The~an ' Icja![y_E.e_as~l.e,_BoAC_pja_Qj~.v. cJLa_s__ttl¢ Ne~ds A~.C.~_,tE].~ot Pla J% which represent~jjjJCoJ, A~L/J:lC_U/~an ArC.~L have not met wdh public acceptance, Therefore. the strategy discussed above is promoted, (ge,. y/.jlich irtcJ~ extend time frame of transportation planning; moderate maximum permissible densities in areas subject to long range congestion; provide commercial development opportunities which serve to modify the overall traffic circulation pattern; and re-evaluate existing zomng.) ~~rvlce Standards for adequale service for roads, water, sewer, water management, parks and solid waste are adopted as a part of the Capital Improvements Element. While a major purpose of the standards in the Capital Improvements Element is to drive the funding of facility expansion commensurate with the demand created by population growth, Ihe major purpose for inclusion in this Element is to serve as a regulatory tool. Objective 2 states: ... No local Development Order shall be issued unless required public facilities meet the requirements of the Concurrency Management System found in the Capital Improvements Element ... As discussed in the previous section, implementation of the Standards will rely on the following strategies: Parks - Annual Certification of Adequate Capacity; Solid Waste - Annual CertJficatio~ of Adequate Capacity; Water Management o Project-Specific' Regulatory Requirement; Sewage - Projc,.,l-Specific Capacity Test (may be provided publicly or privately as a central or individual system); Water - Project-Specific Capacity Test (may be provided publicly or privately as a central or individual system); and Roads - Project-Specific Capacity Test. Il is recognized that d~fflcullies may adse in siluations where the County is not providing the facility or service but is responsible for implementation of a regulatory Level of Service Standard. This is the case with Stale Roads running through the County; with independent and City of Naples water and sewer districts within lhe County; and conversely, with Counly Roads running Ihrough the City of Naples. In these instances effort has been made to coordinate the "regulatory" Level of Service Standard with the 'funding" Level of Service Standard. However, Jf there is a failure by the service provider, adjustment to the regulatory effort may be forced. For example, if the State Department of Transportation allows a road to loll below its 'funding" standard (which is lhe same as the County's "regulatory" slandard) and there is no commitment to accelerale funding and construction, four options are available: A moratorium may be imposed but may not be sustainable if there is no commitment to impcove Ihe road by a definite and reasonable time; The County may improve the road; The privale sector may improve lhe rr'~d; or The regulatory Level of Service Standard may be lowered throu9h a Comprehensive Plan amendment process. Ve~ghts The issue of vested rights for approved but unbuilt development is an important consideration in the Future Land Use Element. The issue emerges with regard to existing zoning which is inconsistent with this Plan; with regard to the magnitude of approved but unbuilt residential dwelling units in relation to the difficulty of forecasting developmenl trends and resultant facility needs; with regard to transportation planning time frames and right-of-way needs; and with regard to approved but unbuilt commercial zoning i~41~'~-o~-4he-C, omm, er~U6e-Study-w,hiC~,,m<J4b, a~of_lhe approx--0 ~ ores-ogc, omm~oie~y-z~.~n~_in_ t he_C, oumy ac,~y_2S.o/~6 ~teve~LC,-1-0-5 and PUD)in 1995 w~~~b~pp~a[¢ly~.~2~e~ This-C, row~h,J,,4~ C~Q,~y.~ Plan responds to the vested rights issue by establishing a program which reviewed all previously approved zoning. Within three years after Plan a<Jop~ion was adopted, aJJ zoning will be was reviewed. If it is ~.~,5 determined to be inappropriate and is not vested, the zoning wi,Il-be y~as_adjusted to an appropriate classification. Annually thereafter, zoning will be re-evaluated on the fifth anniversary of its J~d~.~t.,d.i~tJDQS. (See Appendix C of the Support Document for a complete discussion o[ the vested rights issue). E,_EUTUR£LAND USE MAP The Future Land Use Map depicts lhe desired exlent and geographical distribution of land uses in the County. Mixed use categories are used to generally describe the character of allowed development. Within each of these categories, a range of uses are permitted based upon specific standards as described in the~ Description Section o1' this Element. These uses include residential, commr rcial, industrial, agricultural, recreatio~al, conservation, educational, community, and public facilities. The Future Land Use Map series includes ~x-additional map series: Future Land Use Map - Mixed Use Activity Center,~ Interchange Activity Centers Future Land Use Map - Properties Consistent by Policy (5.9.5,10.5,11) The following Future Land Use Maps are located in E.u/ur_e,_L,.a~d Use Map - Public Facilities. which &bows exisEp__g_a.~..p_Lanned :)ublic Future Land U~e MaD - Natural Resources: Waterwells. Cones of Infiu.cj:lce. Rivers. Bay.,.% Lak~.,~~_,_H_arbors and Minerals (thj.,s map ~pfooerties ~rooosed for c)ubJic acauisition b~,beSLate Department of Environmental Protection Conservation and j~~.rogram (C_ABL.La_~._[h_e South FIo_dda Management District's Rivers Program's: Future Land Use Ma~ - Natural Resources: Wetlands: Futuz.e,j.and UAe_M.ap-_:_Natural Resources.b,S..oj~ ~ ' .~p~, l0 Ii. IMPLEMENTATI.ON $I~J~ GOAL -1.: TO GUIDE LAND USE DECISION-MAKING SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. OBJECTIVE 1: Unless otherwise permitted in this Grov4h Management Plan, new or revised uses of land shall be consistent with designations outl~ed on ~ Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Sub-districts shall be binding on all Development Orders effective with the adoption of this Grcrwlh Management Plan. ~LLa. n_~ards a_n~ permitted uses for each Future Land Use District and ,~zuJ;2~ric; are identified in the Designalion Description Sec~or]. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment includin9 topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: AD URBAN- 1. 2. 3. 4. 5. 6. 7. MIXED USE DISTRICT Urban Residential ~ubdiA~j.cJ Urban Residential Fringe B,~iness P~kl~~ ~Cd~ ~ubdJs,tr~ ~~~ Office and Infill C~ja! Su~distric[ ~J Neigh~~ URBAN - COMMERCIAL DISTRICT 1. ~Activity Center ~ 2. ;nter_c. hange Activity Center Subdistri¢, 3. Business Park Subdistrict Co URBAN - INDUSTRIAL DISTRICT 1. B_u ~ i n e s,t.P._.ar~l;di~ trict S !a ndar~r>-amJ-cerm~,ed~ eaC~-F-~ ur-eA.~md-U 6e .D~tric4-and~Subdi~t¢ict-are4dentir~t4n~he Desk..3ti~'~.. Dac~;,tCk:m-Sectio~. 11 Policy 1.2: The AGRICULTURAL/RURAL Future Land Use Designation shall include Future Land Use Dislricts and Subdistdcts for: AGRICULTURAL/RURAL- MIXED USE DISTRICT 1. /~_ d',~' '!t ur~ .'rP. sr.!den-, ,!!a! 1. Rural Commercial ~r~lec-Gc~e.~ ~ B. RURAL - INDUSTRIAL DISTRICT C. RURAL - SETTLEMENT AREA DISTRICT Policy 1.3: The ESTATES Future Land Use Designation shall include a Future Land Use Districts and Sub(list,dc'ts 4ec:.a,s~.in Policy 1.4: The CONSERVATION Fulure Land Use Designation shall include a Future Land Use District and Subdi.6.t¢~ for: Ovedays and Special Features shall include: C. AJrDo~ Noi~ i2 OBJECTIVE 2: !.'". ~der !o ensure t.Lm~ The coordination of land uses with the availability of public facilities; shall be accomplished through the use-ef-4he f. cJ~w!..~ ,,,~,.~.,,,4~ ~r,-,. ,~.-~4,4 .... ,,-,.,.,,.,-,,,.,.,, ,~,.-,. ~¢~t~o-r~-DubNg.~{~e6-n'~et.,~u~em, en4~(~-,the Concurrency Managemen! System ~edJn DJ the Cap'S. al In'~rcmement~ Element 8n~ innD!er'nenL~d ~brQugh Die__Adequ@te Public Facilities Ordinance of the La~d Deve!opmenl Code. --A4evei- ' ' wi![ be_f)cepafed 61,anti.ds "L-ec3! Devek~mem-Ord. e¢ ~h~!! be-deFme~ as 3ny--appfovg4:>y4he~,'y-havg"~-the effeebe f-pefm~i..-"~g d~ Policy 2.1: ~ The CounN shall orepare annually the Annual Update and lnvento~ ~ (A~ 'Public Facilities which shall include~ determination of the c~ing conditions of capital p~blic facilities, dateline the remaining available ~pacity. fore.st future needs in the five year capital improvement sch~~nti~ needed improvements and.funding to maintain the level of se~ice ad.ted in Poli~ 1.1.5 of the Capital Improvem~~ Policy 2.2: ~.,.'ud_~r~4he-C. ap~aHmpcover~ec+t-,Eleme~. _P_e.~LeJ~i.~s or ~etermined through ~e ~~_an~E~ato~ R~n ca~bJ~iliti~ ~ude the following ~jects to the Ca¢~~~ts Element or defer made or the level of Policy 2.3: ~3rd--~cw3gc: 'ta, Mmpr4~:m~m64emerm, .C_o. aLJ. EucJ.b¢ Cedificat¢ ofAd¢._~.uaLa. PubLic Facility Adequacy_ regu~i'y prog_ram._.which requires the certification of public fa~i[y_py_ai.!a.~ iJiJiJiJ~ pdor to the issuar!,ceof a final local development d - Wu!er M3r'~ge..,?~n! · Adequ,31egk)¢pfme¢.{~~6 defined-by t.he--et~t2! [mprcvm.me,~n~, E',em~ni. bevei-eg. Sefvic=,e-~and.:3r~ Waste · Ad~,Jate c..~y mha4~.-be-a~6-def'm, ed-by-Ihe 13 1 OBJECTIVE 3: ' · ' e ' , ~ ..... , .... ,~,~ t~~~o~ - bW~~f La~ ~e~~~~~t-~ Ch~ ~~02-F~u~Y L~nd Develoomant ~gul~ans have_ been~dooted Dursuant to G~r ] ~~N~LtO ensure o~g~B of natural and historiam=sou~ ~~J~iN Incili~e~romote ~~le land uses within the zone. nnd ~a Or~e lot mnn~ement of gr~h in an effia~Ne manner. Policy 3.1: Ade¢ Land Development Regulalions b.ay.C,_b.c~Lcd i~O the Land Deve o_oment Code that contain provisions to imp~ement4hi.~.tLh¢ Growth Management Plan_~[D. ugJ%tt'l~dev~.Lgp;13~'_rtl re.v~ process andJacJ.uC~_tb,'J, ol}~_~dag_pi.o.y, mion~: a.r~w~,-~-a-~m ~lX)b. ~ea<, r. ubje~~pen<x~c,4'k)(~ng-and.-~<~,kJe4~ dBrainage and stormwater management: shall be regulated by the~his t,,,.~)~.,,gh..c~)o4~ implementatJon-adhere¢,¢~ 1o of_the South Florida Water Management District Surface Waler Management regulations. wh~'~~er the '-~c~s a~~~~e~~ I~ prote~ existing and future wellfields, natural 14 ~sources through standa[ds for develogment involving the use. stoj:age,_, generation and dis~gosal Of hazardous wa.,Sle, j;E.~uc~.~[ of s¢.yysge effluent, storrm~ater managerne nl..~.adJ3rnining,_~ I.cgJ eum_e,z, plor.aJ~gJJ¢_~ia~ ~p..e. cj~of lanC_u_se and deveJ_op.m_~o.t protectk)n zones. Regulate signage lJ][g.l,lgt] the exi.¢4¢~ Sign Ordinance r¢~, -- , ' ll-amem¢4~ ~'hjch shall crevide for frontage requirements for signs, ¢,,,o¢",¢de¢-~ shared signs lot smaller properties, del]ne Cefinitions4ec~lh~he.gr. dim,qc~,e4e-¢,k~ifb4te.4me~t and establishE]~nt of an amodization schedule for non-conforming signs. E-~ I~l~ safe and convenient on-site traffic flow and vehicle parking needs shall ~ ~ s~te ~ design standards4~~ ~an reauirements which inclu~ a~ess requirements from roadways, ~arking ¢~ ¢~, lighting, ~-building design and materials.~~ ~ ~~~~ landscaping and buffering criteria. Ensure the availability of suitable land for utility facihties necessary to support proposed development~, F4x--pcivatek/fl~ov~e,t-~i~~~ ....... ~ ~~~ groviding for ~~Zoning District for the Io_6aEgzLg. Ll~.c,_~cJJ~tLe,~.~_q~LgJJ]c,_LE,5.scmtial ,Services. The Pprotection of historically significant properties. TI"J6 shall be accomplished~.Lq pad,_through [bc,_a.d~tioq of the HisWric/Archaeotogical Preservation LRegulations which ~~nt H~tor' ,' ey. ame,~~l~ include Lbe crc, Btion of an ~ghaeological Preservation Board. orovides for the identJficatic~3~Lz~dZp~.~ aLe. a,,S_EEHisloric/AJ'chaeological _~robability: requires a survey and as~_ssment of discovered sites: and provides a process for designation of sites, structures, buildings aJ3~Ll~sLe. E,~ ~'<),,,i~:~hi~eq .... o~3~a)r-km:)wn 1s !2A 1 Tb~. M~e EtLtJg~ incompatible land uses~ with the area designated as the -Naples Airport Noise Zone¢~~ty-Z4me T,h~ shall be accomplished through ~ regulations which require sound-proofing for all new residential structures within the 65 LDN Contour as identified on the Future Land Use Ma~ ~~ · · ' r~_~ ~propeay records of the County .~' ' · ' . · ~e~ to notify the N~pies Airpo~ Author}t~ o[ eH development pFoposats within 20,000 ~eet of the airpG~ which ex.ed height standerds established by the FedereI Aviabor, Adm[nis~at~n. No development orders shall be issued whi~ are in~nsistent with the Gro~h Management Plan, ex.pt foF~~~where a Compatib[li[W Ex~ption ~~has been granted OF where a ~s~Ne Dete~ination of Vest~ Eights has been made ~,~n, ~nn, f~.. ' 16 Policy 3.2: A~pa~t.~f4h~-pr~-.,e64-to f~--~-rc,,4a~-the T__b.{ Land Development Regulations have ~~¢cyet~¢~en~¢¢~;¢~.l~¢~, T[he development review pro,ss ~ h¢~~evaluated and improved~~4~-m~J~tr~'~~ ~¢~~~~~ C~p~~20~~~~ ~~¢ to focus on efficiency and effectiveness through unifi~t~on of a single organizational unit and through~ streamlining of-procedures. ~r-a~ a~66r~ OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. Policy 4.1: A detailed Sec..J,~til~SL¢£ Plan for Golden Gate Estates ~.hal4-has been developed and ~.a~ inc. orporated into this Growth Management Plan~ur~ [Q_E.P~2E!J~. 1991. The Sec.4~ l~13Lej_Plan rC~l.-addresse,~ Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations. ~_lVlaster Plan for the Immokalee has been dev~e.,.C~_nd wa~corD, c_ca~d ~P_~Ein Feb~aw. 1991, The Ma~t.~¢dresses Natural ~~~ilities. Housin~. Urban Des~and_~¢Dpment Reg~[atioQ¢ Cer ~i~¢ons. Ma~or 0u~s~s of ~e Master PI · ~ . . ~se and ~Os~pn o~~evel°O m~~[~~'~'~~~ Qd~-~ ~istent with the detailed Master Plan fo[~%CD_[~.sJ~/~[~as been devel_oped and was incorporated into thisgLg, ydb , . daj:LU res lic Facili .,s. , Eu/,uf.~LaQd_LL~e. U. Can O_e,.s. ig~J,~p-ElcflLRegu!at~°ns a. gC_g~r Policy 4.,Q 4: Corridor Management Plans ~ have bec,/:Ldeveloped by Collier County in conjunction with the City of Naples. a~~~~'~~st' !gg..'k.-The Plans r¢~4J,-identify appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans rC,4CF J3AV~ becj3 completed for the following road corridors: Goodlette-F_~ Road ~~ and Golden Gate Parkway from US 41 to Santa Barbara Boulevard. ,~~~b~!! be I:~.t P~aj3A..Ela~orepared as directed by thc..Boaz¢~ -- s, Th~ g~A6h ComPlement PtaJ32fiJJ.L~?,-~S~ gg.r.d~_r~tbaLm~i.~LLy_~ the City of HapJ_es_i0¢Lu¢.~ a. Pine R_Ldge Road from U,S~4_t_D__Goodlette-FraJ~E.B,g-a~.; b~.J~lyj.S_J~L~v_ard from US 41 to Airoort Road: c. ~[omC~ch Road to Pine Ridge Zhe_Cg.~unty_C:ommissioj~rs ¥~:ilL~Q~ the bo. unda. r~ of the_Cg/ridors s_¢J~cte,.cLancl tl~ t ime,_Lr.a~,_for c_orrlpJ, e,J~,a, (l.X) Policy 4~5: An industrial Land Use Study r¢.¢ bA,~.be¢.[1.developed and a.5~ZDZ]i)J2/incorporated into the support document of this Growth Management Ptan. of industrial usos, D~~~~ig~ ThC study ~ include~ a detailed inventory projections of demand for industrial land, and recemmendations for future land use allocations and Io~lional criteria. ~y ~~~~~c~ -.(IV} (V&),~XlI) Policy 4.4 J~ · Access Management Plans for each of the Mixed Use Aclivity Centers designated on the Future Land Use Map ~ 13.a.y~been developed ~nd incorporated into the Collier County Land Development Code. I~r, emiaeC--~-8~4-, :~~m-PJ, a. nr, am-m4e,qde~-t,~m~mrr~e byCa~e44~~~~;'gm¢~) The intent of there-Access Management Plans may--be--is defined by~,r,c~:~CiC~-udc~-the follov,'in9 guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Man~,gement Policy (Resolution #92-442, adopted August 18, 1992). c. Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. d. Lots, parcels, and subdivisions which are created shall be encouraged to dedicate cross-access easements, rights-of-way, and limited access 18 easements, as necessary and appropriate, in order to ensure that the above-mentioned standards (a. o c.) are complied with. . Plans ~~g~c°mmer~iaLa~'i~~ BCevelo~ment .... ¢ifi~tions to ~en reviewed_ ' ~~aV~se~~sidered. in order to ~~ a~ intensity of may ~~~ of the s~dfic arnat _ Policy 4.5~: Maintain and update,..on an annual basis,_the following demographic and tand use information: E~xisting permanent population, existing seasonal population, proiected population, existing dwelling units,,.and projected dwelling units. Incfuded ,,vflh this data base shall be a forecast of !he geographic distribution of antiCpated grov,flh. OBJECTIVE 5: In order to promote sound planning, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use po[icies shall be implemented upon the adoption of the Growth Management Plan. Policy 5.1: AIl rezonings must be consistent with this Growth Management Plan. (p~) ~j_~,Qerty_.z.oQed ata~'ove<l prior to adoption o! the Plan (January 10. 1989) and found to be consistent through the Zoning Re-evaluation Program a.r.~_c~sj.sLe,.Otb~th Z~l~:Zg_6b.~g~ will be permitted-t4~r~ke. ~~ wj_~u~S_e Element via Pe ilL¢~-~~°ugh 5J._2, provided the ¢,..e, mc~r.z;zEsj~ent ~jajj~permitted number of dwelling units, and the amount of commercial land use, ¢ intensity of devetopment allowed by the 'j~C,:E_ZpJ3Jg.g~trjr~ ,_except as ~ . . . ~~~~k6-) are not · . · ....... -dencit" increased. C~e~~~~~~eee~''e''+e* Policy 5.2: development shall be reviewed for ~g. DCALe, A~ compl~'c,,e-with the Comprehensive All proposed Plan and those found k-,c_,o,,'¢ shall not be permitted. 19 Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by confining urban intensity development to areas designated as Urban on the Future Land Use Map, and by requiring that any changes to the Urban Designated Areas be contiguous to an existing Urban Area boundary. Policy 5.4: New developments shall be compatible with,.and complementary to,_the surrounding land uses, subject to meeting the compatibility criteria of the Land Development Code (Ordinance 91-102, adopted October 30. 1991. as amended. Policy 5.5: Encourage the use of existing land zoned for urban intensity uses before pe,mitting development of other areas. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing zoned land before servicing other areas. Policy 5.6: Permit the use of cluster housing. Planned Unit Development techniques,._and other innovative approaches, i~n order to conserve open space and environmen[~,lly sensitive areas. Continue to re','iew a~L~ Amend the zoning and subdivision regulations as necessary to allow innovative land development techniques. Policy 5.7: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. (VI.) Policy 5.8: Group Housing,_whic. h may include the following: Family Care Facility, Group Care Facility. Care Units, AdC.,t-Coe, gce4~,l~e- Assj&Lc~.Living Facil,ty,..and Nursing Homes, shall be permitted within the Urban Designated Area subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991) and consistent with the Iocational requirements in Florida Statutes (Chapter 419.001 F.S.) Fami',y Care Facilities~which are residential facilities occuoied by not more than six (6) persons, shall be permitted in residential areas. (.1'¢) Policy 5.9: Properties which do not conform to the Future Land Use Elemer~t but are improved,_~.5 dCJ. c_rDlJP.¢~ o¢-.acc ,~J.'"~ ~ h~ve ves.~c~*rkjh, ts through the Zoning Re-evaluation Program described in Policy 3.1K,_shall be deemed consistent with the Future Land Use Element i~3¢_j.~,,Q~fied on the Future Land Use Map Series as Pro_oedies Consistent by Policy. (14)-(V~ Policy 5.10: p_r_D¢c, dj.c~[g~h-C-~xemptions based on vested rights, dedi~or~s ,or compatibility determinations,_a.p...~LcD. E~atibili _h' exceptions that 3re..b.Qy.~ granted,..as provided for in the Zoning Re--evaluation Program established pursuant to Policy 3.1K,..and identified i~.Appen~, on the Future Land Use Map redes as Prol;;iC,~¢s Consistent by Policy,_shall be considered consistent with the Future Land Use Element. These properties shall be considered consistent with the Future Land Use Element only to the extent of the exemption ¢..r_.e,z.f,c,.9/Jg~ granted and in accordance with all other limitations and timelines that are provided for in the Zoning Re-evaluation Program. Nothing contained in this ~policy)-shall exempt any development from having to 2O comply with any prowsion of the Growth Management Plan other than the zoning reevaluation program. 21 22 EUTURE LA N LG. BA.TJ_Q IN DESCRIPTION SECTION The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or ~n special studies completed for the County. [,__..._..MJ~I~ DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densilies, and areas in close proximity which have or are projected to receive, future urban support facilities and services. It is intended that Urban Designated Areas accommodate [he majority of population growth and that new intensive land uses be located within them. _~c.,Cg.L~iPg]Y. the Urb~ will ac. cg_mmod, ate [esi.dential us(~s and ¢_ y~r~LY_.of non-re.sJde~L.~c.,s..Thp,_g..rJ~an_D_e~igna~_Aria~t¢hi¢-h-inclu~te~s !mmoka_lee a_n_d The boundaries of the Urban Designated Areas have been established based on several factors, includincj: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed pubhc facilities; populahon projections and the land needed to accommodate the ~_p. gpu!~ growth ]j..[D. aa_g~sign_at.e,_d_AL~~ate the following uses: _Residential uses including single family, multi-family, du_glex, and mobile home. The maxirpum densJtiP.,~, allowed are identified in the Districts and Subdi~,;:ts that follow. 23 Non-residential use~ 1, Essential services as_defined by the most recent Land Development Code, _2~_.Earks. open space and recreational uses: ~%__}~!~a.L~[~Le, j~ndent and water-related uses (see_Conservation and C fgA~.t~L.~Q~g¢meqt ElemenL Ob!ective 11.1 and subsec~uent policies, and the Manatee Protection PlaQ contained in the Land Development 4._A,_._C,,~ild ca~ arQ~ h.o_p~jOgj, ks~emeteries, a_0_d, scho.9_l~ _ 5, Community [acilities such a,,%~s. - ._6..,_.~a[ety service facilities~ _7, Utility and communication_facilities: ~._._,F..~~,jL. extracti~p,, and..Ee, JaLe..d_.~Qc,.e~JELg; 1.0, TraveLtLajL~L.Ee_cLe_ational vehicle oarksLDrovi.dc~Lthe,_LaEQ_~_iag_c_riteria-aLe,-['a~L {.a)~__C_e,a~.~ty is ¢.~stent with that Der~~ent Code: (bi T[1.~~' aJ~.c,..c~ss to a road classified as an arterial in3he Traffic ¢,j. Lc_ulation Elemept. direct ~rincilZaJ_a.~s a driveway and/or roadway ¢¢.a~ e ct jg.p__lo__j _h e_a_d,czia~9 a¢..,._~i Lb_p.g_Acc, e-~-,s- P. gJ~ s-f r o m .1 1, Su¢¢t, dfl,_~~c~es such a,s..~h.v_s.~cJan.s. LpE~.~- me¢_C, al clinics.,_~eatment.. m.sp, a3rch a_rtC, mha~i~ati~e_centpm.~a-rnza-¢~-P~'/i¢'~ the doJ::l~n_[J, LS.¢J.S ¢76..¢0.~¢rs ~'.¢11j. ch o~ r~.a.~uraeQLr-,a~-&r~atate'aL~°r a. Jl tyg_¢~ of inJur.i_f,~ap_d ,[Lauma.,s.,.~uch as,..but.t_.,~Jjj~te.,d, lo.J~orth Collier Hospital. The measured from the nea[~L~LEl.e-,-t~,r' ~ . /;l~.n or for. to tl-ke,_p/pi.e_~d.aJ:i~es of the supaort ~~A~_~A.y.~uch s.UP~;ZOJ3 ate, al. ica! fa~J:Q~J~ r-e-aLaa~d concuLr~:LL~J~h the app.[.~aJ_o/, new b.oApi~al.~.mpLCal...~ ¢ ¢~L. Ls_r2_~O d'J e r m J e a~e.d,,~a ~LLi Ly_Aue t o ~¢.ag:Lal,~r..c, jaLur~.,s~ul~lo_~r_iteria identified in EL~._ULtZarl: Mixea Use Dis.tdct. PUD, EUj~..~L~igh3~2j~LQ~ _.V. ilLag~~.c, Laa.d-J~L~ ~;~Ela3e r c i a 1 Mixed_UAe..APj~ity C~atpdistrict aad_tat~_¢.ba, oge,_Activity CertL~r SubdistricL .~.~a].J~¢s accessory_ to other _oerrnitt,.e,.d_u~u..¢b.a2aj'estaurant a_g.o, lLc,~:,~.~dL,,~llP,,.,%&c.¢~ssory D..alaJlu.[..,l?,ludp. g. s~Lk33g._a~ restdcJJ, ons or lim~_ia:3;~,s.~dta in~ure the commercia. Lu~e,_Luaption~_a~a.a-aFq~'~,..cu% sub~..6j.Ba/e,...u.~e- Such restrictions or li~C,¢_u!d inc!ude, JLr~ting the size_and/o[ t~tjgaj2.Etb¢_..c,9~JimJting access Io the cornme[ciaJ_u,t~ .1_4.Industrial use. ssubject ~~ified~jhe Urban - IndustriaLDistrj~t. in the Urba.a . '?d~~.~Dis~ ard in the Uj~T~~trict. certain auadrants of j~,..__J:~tels cor~sistent by Policy_ 5.9.5.10. and 5,11. or as pe~_the Ama_,_Ga~~t~.A~,a.~_od Ma[ca I~.ter _Plaa~ 16.__Business park uses sub_iect to criteria identified in the Urban-Mixed Use District. Urban G~mmercial District an~LUrban-lnd~~ 24 A. Urban - Mixed Use District This District. which r~pre~ents approximalely 11~0_0_0_a.¢.[¢~ is intended to accommodate a variety of residential lac, d4.,¢~ in,-~,,~,,,,,4;,.,g ..;,..,-,~.~..,~,... f~m!!y, mC, i.4amil~ ¢uCex~~ 3n4J-~xed-ur:,e ~~ and non-residential land uses. ippuding mixed use deve!o¢_E!.e,C_S ,~uch as Planned Unit Devet¢.P.E:lC.g~. Cedain industrial and commercial uses are also allowed subject to criteria· This may be accom01ished by encouraging coordinated rr~ed-use sites of Water-¢_e,¢_¢iqdent and water-related land uses are permitted within the coasta.[.L~is water-de_pendent and waI le/::,~C,J¢3~i~~-ther recreational uses may iht_rude waler-related parks, madnas fmJbf~c ocprivate'), yacht clubs, and related_~;~c~,~J;~~ ~ boat storage, launchi0g facilities, fueling facilities, and restaurants, Any water-dependent and/or ~b~ter-reiated land use shall encourage the use of the Planned Unit Development techni0ue a_.B.~ ¢.[bc£i~novative approaches to conserve environmentally sensitive feaIures and to assure ¢ompa~i_bility with surrounding la.I:;L~;L~,_,~ Priorities for ,~:Lo_r.e. JiQPJa_nd use shaJLb, c_g.i~en to watC, A_d~p.~.Qd_C. EL~r}QFJCaJ.-UA~-g¥¢r water-related ~,¥iULtb~AilJ0g ¢¢ i.~y_o f the,..._¢~nS_~/i~E.AEd_¢.~Za~ta! J~ta_n_agpm.~ r} LE!cme,.oLLP-o-I~ ~v .1%1, 4). _the ~a te r ~rcJaJc, C_u2e~; ¢. Sites whc,.Le shorelinc, jAlC/C~CJ:;:Q~JltA.AEEJP--PJa-6Cg d. . Sites y/.t!~~2A[uEa-JJY ,rzcr~sithie feaIug~,J;e;,dd be minimizp,,.,d, port of the Islands is a uniaue develo0mentwhich is located w[.thin the Urban De. ALgJ'laled Area. bul is also totally within the Big Cypress Area of Critical StaJe_¢_QQcern. ¢evelo ¢pEtC, J]Lyj_~.j~.JEf.~iQCa;;L~_ested" by thC,,_~e o! ~l~~~tes. Further. the,.Le_is aj:Lexistin~.pment /~greement betweerLP_.¢d of the Islagds. lr}c. aQd~tatc,_QLF. J.od.Qi~LD~2aJ:t01¢~ of Community ACfairs dated July 2. 1985. which regulates land uses at Port of the Islands. Port of the Islands is pJjgj~e for all provisions of_~e Urban - Mixed Use District in which it is located to the e,~tc..QLttl~ ~..~EtjaJ. j~ns~ty and commercial intensity does not exceed that permitte~ under zoning at time of adoption of this Plan. (P~J, Urban Residential The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. ["'~ t", -"~ ~" ! * ' ' e~th~,L,,.ec,,j~f this s'.A~tr~..T. J3is.,~zuJ2¢istrict corl~ieJ ~;;).000 i)c_J'es and 80% of the Urban Mix~Q_.U..,te.,j~j~trJcL Maximum ~gible residential density_ shall be determined through the Density_ Rating System buL_st:La.[Lnot exceed 16 dwellin9 units bet acre exce. t2JD_aC~.Oce with Rights Section of the Land Development Code., 25 :.k2. Urban Coastal Fringe Subdtstrlct The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. It includes that area south of US 41 between the City of Naples and Collier-Seminole Slate Park, including Marco island · ' ' In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 dwelling units per acre,_.~Z,.F~pL~,~_QlJ~wed in the D~_e,.I~LLY_Bc~iiI3g System to acre through proyi~J..~::LO~~e bIo-using and TransfoLof D..e~e!opment Rig_h1~. Rezones are re,remanded to be in the form of a Planned Unit Development. ~ ~~or den~ensity, si~n~riter~~cifi~~s f~[Jand u~ ~stric~~~ 23. Urban Reside~.EdJ~,,~~t The purpose of this Subdistrict is to provide transiticnal dens~ties between the U~ban Designated Area and the AgriculturaliRural Area aLnd comorises at, proximately 5.500 acre,5 @pd 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, subject to the following conditions;= add ~.,~not . ' ' ystem: a. AJI rezones ~ are encouraged~ be in the form of a Planned Unit Development; and b. Proposed development in the area shall be fully responsible lor all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the area. 26 12A 4, pUD Neigh_bo[hood Village Center Subdistrict ~J~e Duroose of this_sLtb '~~ =_erve the daily needs of the res~~(e~e eligi~.~or Neig~¢rho~ ~jllageCenter designat[~¢~es shall ~~jn uses may be ~mbi~d ~~~~s~~~~-an~j! bc ~nveniently to, ted to se~e the PUD. The V~I~¢~~ ~ncu~ent wj~e residential un{ts. The Planned Unit D~opment d~tric~~ D~~ C~e shah be am~n~d ~~~e~ a~are I~.andlor a~e~e th~~ ~].e_.B.u,sJJ~S Park Subdistdct is intended [o Dro¥ide for a mix of industrial_~~ Dgj3ciz3.~strial uses. designed in an attractiYe oark-Hke envir~onment with Iow structuraJ d.c,n si~ wh e r ¢dD_ujtdjl] g_cz~ ~s_b.¢w e ¢.D-.2,-,5-~D-.tQ~- 5-% ~mply with the foll~¢ingnral i~dus~es of the [vne identified i~' below, and wiHrese~e land within the ipdustr~ll~ desiQnate~ ~ for iDdustrial ~tego~ of usenhall be determined at the tim~~~~[th the_criteria U~~~~~~~ shall be limited to tho~ uses which se~o the employees of busine~s within the Park ~~!~jE~~~~~d, pr~uced or o[ovided by businesses in When the B~ess Pa~ is lo.ted within ~~~lndustrial District e[ iE~udes j~dustdally zoned land.those u~~ed ~USly ~O~d or des~~[b~n a~ioess Park is ~~search. design and product deve!~enl: and similar light indus~ial uses that are ~m0atib[~pen-indus~ial uEes ~ distri~: a~d. the Pl~Qed Unit Oevet~ment Ordi~~~dinan~ lot a ~siness Pa~ oro~e~ sh~;.ally all ~ermitted use[ and deve~9~ent ;on~istent with ~e ~iteria identified in this provision. ~ss P~s must be a minimum of 35 acres in 2'7 L Business pa~_tedwithin Interstate_Activity Uses shall also be reaui[ed to meet the standards as stated under the Interstate Activity Center Subdistdct for commercial and industrial land uses, g_ Bj,~.~~j:~,%~standards for the develo_oment of indi~dual building c~arcels and generai standards for buffefing..landscaoing, open space, signage, lighJina, screening of outdoor storage- oarking arid access managemenL h ~l.¢,,,oJ~d in a District other than the Urban Industr'abl District. the Business Park must Dave direct access to a road classified as an arterial in the Traffic Circulation Sub- L Business Parks are encouraged to utilize PU0....~ j_ Z.b.e,_rpaximum additional acreage eligible to be utilized for a Business Park Subdistric_t ~tt;lj~r~ a n -M.j~~ ;_~s 500 a¢_¢.~, ~_c,.Ip~jy e 6. Office and In.fill_C..g.mmercla! ]'he intent of this Sub_~tLstdct j,~to.aJJ~Ey..~nte.Q~ity g~.¢_c~.cgmmeLr, j~;1J__~rin-fi!! Cevelop~nt on sm~arcels within the U~an-Mixed UsP~trict [o~te~~deria! ~J~affic v~t.he abutting roadway~d is O~~~~mm~~g¢~ent, The_crite~_~¢_¢~¢~.j~usJ~t excludes inte~ening oublJc_~~~ent (othe~ban utilities) ble~ening Io~1 street: and '~mmercial" refe~J~ C-1 .through O:5~¢~~dCs and ¢~~oen~ of PUD% ~ The su~ect site abuts a r~~s an aderial or collector as identified on the Five ~ar F~re Tra~c Cir~la~on Map. as ~n~ined in the Tra~Circulation Sub-Et~¢ent. ~ ~esi~ed for ~m~~~~~s in size. and the balance of the ~9~Y in excess of 12 acre~, if any. is limited to an environmen~~ ~asement~~ ¢~ Zhe d~¢~uested ~mmercial does.not excee~he doeth of th~uttin~ ¢~ ~[~ited to office or l~ntens~~.~~ept [¢~QQ~butting ~~~ on both sides, as provided for in~ ~dude those of Be highest intensity abut~ng ~mmercial zoni~ E ~e parcel in oues~on was netc~age of this coated odor to the adootion of this provision in the Gr~ Managecent P~an on October 28. 1997: ~ ~me of development, the pr~e~ will be se~d by ~ntral public water ~od sever: and b~ Z~r~ect will be ~m~ible with existing laB~~[mitted future~nd uses ¢.urrounding b E¢¢~se sit--existing ~mm~~~.~ onEside, commerci~ zoning us~ pursuant to Bis subsecSon shall only be app~ed one time to se~e as a ~S~ and ~11 not ~ ~rmi~ed to ex~and. j~ The ~~eage e~gible to be utilized for the Offi~ and Infill Su~istrict within the U.¢an-Mixed Use Dist~ct is 250 acres. 2.8 Z~cj~t[~~.~On is to encourage the.,~fL~.!Op.,~ccLAE~ILo~ BeighborhoC~ D_~ fTNgJ_p.r, oj_ects. '['bl.D_s are tyoically human.s~c~j2e,~Le~:priented~_inte-j_c--onnec-j-~d ./~i.~L~~Drgjects that are centered z3..r_~un_d a vill~.~ green with a ¢~rnrnercial uses including retS, office and dvic ar'nc~es ~,hat B~.!.~~l,¢n located above retail u~em is the I;~5}~fo~ the E~etwork. The main street component of the Tl,~;~.s~p0ro_oriate!'~ integra~d ir) J, he TND and sized in oro[;~ortion to the scale of the croic,,Ct with a maximum of 15 acres~.~ ¢,.ommercial permitted. Standards shall be develop, cJ;Li~~c°de which · ~/j,!t.~~s, permitted uses. square footage arl¢~~bol~s' lot frqEt.C_g~ dimensions, street widths,~.~c'~,bJtC~d,,,%.~aJ3.d~~~Oteg[~t° t~ 4_~o~o~0nt4at..dv:c!!i, ,~_~~.a~~mi~9~l~.j-.~.,:cv~r, t.hat-bag~ !ev~! o~~ This Density Rating System is only a0oli~ble to are~ designated Urban. Urban - Mixed Use ~fied on lhe Future Land Use Ma~sive of the Urban Residential Fringe S~[~~¢jve ¢.[D~~~~~a Master Plan. ~¢~~0~~s a~~rmitt¢~e~entitle~t, This_base 1._C_o nzemlg, n .~Lg_o_mm~t~.LT. o nih g If the project includes conversion of commercial zoning which is not located within an Mixed t.j_2~ Aclivity Center or InLe. J:~~Y_ Center, or which is not consistent with adoCe<J.r~~d.3 f~ ,'-¢m.,,.~,~r"Ja! ~,.'~ u.~/%El.¢ L, teighborhood Village._C;enter Subdistficl, a bonus of up to 16 dwelling units may be added for every 1 acre of c. ommercial zoning which is converted, Theae dwelling units may be distributed over the entire project. The project must be compatibie with surrounding land uses. 29 · ' ' in ! adde~. lLlb.e,_l:~cl is v~:LgI~.mile of a Mixed Use ActiviW Center or Interchange Activity CenteL~.o~ l_9_¢~led within a resid~ial may_be added. The density band around a ~,~ Use Activity Center or Imerchang_~ Activity Center shall be measured by the radial distance from the center of the intersection arou~h th~.MixeC_L~e Activity Center orJj:~ ~'~aQge,_Activity Center_~_~ituated. If 5_0% or more of a Drojcct is wflhin thc_density band. the,_aC.~jtjonal dcl).sJLy_a4;~plies, to thc gross acreage of the entire pr~ensity bar.LrJs are d~j.gJ~t¢,..¢ On ~¢',.~d%~JJ..EOLaP_ply wJthjQ..tbc__E~c,c_B.~signation or_[.oLpropedies within the Traffic Congestion Area., (v4) 3. Affor~IzL~lp_u~Iz~ A~gr4b:~le-H~.us~y4~ting-Sy~ern--FL4JE-: To encourage the provision of affordable housing within Ihe Urban Designated Area, a maximum of uP_LQ 8 residential units per gross acre may be add~ Io ~e base densiW if the project meets Ihe de~nitions and requirements of the Affordable Housing Density Bonus Ordinance ~~~~~Ordinan~ ¢91-102, adopted October 30, 1991 ). ~rban ~on ~nsistent ~[h P~ 13.~f '~sidential in-fill in areas with existing develogment. 3 residential dy~ I[[i. Qg units _Der gross acre may be add.¢,.¢ if the following criteria are met: (a) The prqiect is 10 acres or less in size: fl;,) At time of de',c.eJ.od~',c, QLU:~z~j.ect will .%e_served by central pub iJjc,_'~a[~r_a.p_d se~¢r~ ts) Thc_project is compatible with surrounding land ~d) The property in question has no common sile.,..~eveJopmenLpLaLL~tJ_Li::La.~a_c,.~ There is no common ownership with any adjacent parcels: and fg) The pACCP. JJI:Lg~On was not created to take advarlJage of the in-fill residential densi~ bonus and was created odor to the ado_Dtion of this provision in the Growth Management Plan on January_ 10. 19~9, 3o 5. Roadway Access If the project has direct access to 2 or more arterial or collector roads as identified in lhe Traffic Circulation Element. 1 residential dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Department) or the road is scheduled for completion during the first five years of the-C,tP Capital Imorovements_P_l.AB. The Roadway Access b_gZLus is not applicab!c to [~roperties located within the Traffic Congestion Area, 6. Transfer of Develo.oment Rights To encourage _oreservatiorCconservation of natural resources, density transfers are permitted within that oodion of the Urban design~ed area subject to this IJensity Rating ~e_ver. density shall not be transferred into the Coastal Management Ar_~a f}rom outside U'~.,_Coastal Management Ar.e,a,__L~r~ds lying seaward of the CoasLa] Jyta~a. gf,.Elf,_qLB~'j0da~, identified on the Future La_fid Use fClap_._are within the [~-tQQg.~ZLP~~QsJtY may b¢,j/lC~a.~_ed abo~e._az!d_12~yond the ¢d!owcj;;Lb.y_~J2P,_B_~si~ RatiEg_,,~m ir~.~.c,C_~a~,,_~_w~b_Lh_ed}a.~fer of Decampment ~~~¢on 2.2,24.11 of the Land Dove--opted by ~~~D.er 30. 1991. as a~ende~. Consistency with the following characteristic would subtract density: a~ 1. Traffic Congestion Area JLLhe p~ject is yyithin the Traffic Congestion Area. ar~ area identified as su. Dject to range traffic congestion. 1 dwelling unit _Der gross acre would be subtract~ Congestion Boundaw is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward o! a boundary_ marked by Air.Dod-Pulling Road (jBcluding an extension north to the Lee Coupty boundary_!. Davis Boulevard. County Barn Road. and Rattlesnake Hammock Road consistent with the Mixed Use Activity. CenteCs residential density_ band located at the ,~;;ALtbY. Le~t quadrant of the intersection of ELattlesnake H. ammoc~ Road and County Road 951 (including an extension to the east~. pj'opedies adjacent to the Traffic Congestion Ar.p,,&.2b~l be Congestion Area if their only acce=s is to a road forming the however, if that bro_oerty also has an access f.,,oint to_a_r.c~~~~dary_cJ' the Traffic Congestion Area it will not be subject to the density reduction. 12A ,]'he following density_ coa. Cition apolieslo_al]_p~pertiCs subject to the Densi_b'_Ba~ti.~_Sy~,Iem, 1. Maximum Density_ The maximum permitted density shall not exceed 16 residential dwelling units per gross acre yzi~lban designitted 8.[¢.a, except when utilizing the 'fransfer of Development Rights (TDR) Section 2.2.24.10 of the Land Development Code adopted by Ordinance ff91-102, on October 30, 1991~. :~r~ 3~,,u'~s for !.he-max4mu-m number of r~rS'dent!a! uni!s per~.m!t!s'd ,Jnd~r thc "<en, L,~ d!stric! !o b~ exc. ccds~ by 3 32 (x) ~-~e-T~ac, M,e~-C-Devele~t R;~,gh..ts Section of th~ Lan~ by Ordir~..'¥ce~ #9!-!02 on C~.ober '~, !99 ~ .... ~ximu~¢ 20% a~ - ' '~~~~~ 4'411, Tra,;e! Trai.~uar Rec~,eaC%an.a! Ve~c~ P~k6-~~k-'cw~o~v~ a~, ~y As--a~a,m~f-~ C~Jn!y's Lar~L~ De~ek~l-Reg~talk>r~,-~n41~¢~-P~-Uni4-Oeveloprnem 33 W~:h!n th~ [ t~-~, ,J;,,,~ .............. ~~ -~tent with tho Fut~~~t or ~~r ~t the d~-~ot~ of ~ho int~t of th~ C ! ~ C~~~~~~~ - ,, b. The ~~~~ c. _~~~~ex~~rea-¢-2$~ tra~~~~~;~~~ad~o ~~-~.--T~y . · ' Zhis Distdd is intended t~mmCate al~j~W uses. including hia~~jtjes fo~~~d wi~~.~aLFring~~ ~ential Fringe Subd[~cts: and a vadety of non-re~ntial uses. ~~~~~rl~~Use Activity Ce~di~ Mixed Use Activity Centers have been designated on the Future Land Use Map Seri~ ~tified in the Future Land~~. The locations are based on intersections of major roads and on spacing ~iteda. ~~~~ctivity Centers which ~mDr~ approximately 3.00~acres. including 3 Int¢~~Y Cente[s digitately, Two Activity Centem 34 E~,jajzU_u~a;Jc.~j~alLoa,MC. at~~arcolsJa.~ MasLe,.r_D.aa_aa~ FuturC.,_Land The Mixed Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. ~ commercia~elooment is allowed outside of Mixed Use AcWJLy_Centers in the Nek?tborhood Villag_e,_O~rlLer Su.bCJs~c.L_ _~ce a_nd Infill Comm¢~¢.LaJ ~L_LEWzC. h_ange Activity Cer~rSubdistricL TradWQnal Neighborheod Subdi~~y_P_~tides 4.7_,_~.9.5.10. and 5.11 of ~be Futu_r.¢ Land Use Eleme. a3L With ~.he exceptLc'n. ~ :.h,e-d'~rco '"'""'"~'"'..~" ~,..,~,,ay r.,,,.,,,,,~ ,h~'-a~,i~,, C~ ~~¢a'.~n a..'~- size - r. quam. !, The _~g~,a~4::i,avo 35 Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the .... n .... ,.,,,,,,.I.,~ ,..~...,.~ ;,,~,~,,,~ - whichE)av include the full array~I radons la, nd ,~ .......................... , ............ ~_residential uses. institutional uses. hot~O~s at a density ~nsistent with the Land Develoo~nt C~ shall be determined during the rezoning process based on ~nsideration of the~ facto~ ~. ]'h_e~factors to consider dudng review of a rezo. cc.,~C, jjEon~oi!owrg l~Z.~_n_es '~y.j/hi[',Mixed~.~e Activity Centc42ar_c_e,.n~ ~nit Develop~~~a~e~Po minim~.~.~on for ~mm¢.~¢~ithin Be Mixed Use Activity Cen~~¢iBin _~o.Z~~s ~d Use AclMty ~~~nd se~ice area for the proposed commercial land uses to be used as a auide to exolore the feasibili~ of the requested land uses: ~~~Z~.~use within the Mixed Use Activity Center and within ~0 radial ~dequa~ of ~rastructure ~oac[~, particularly roads: r~tY of ~he 0roused development w~ and adequa~ of buffering~, adjoining Natural or Bpz~g ~iteda ~n~d in ~e ~nd Development ~f~an~ with A~s~ Management Plans for Mi~e~_Use A~ivity Cent~~~ ~rdinated tra~c fl~ on-site and off-site, as may ~ demo~~~ Apalysis. and a site plaWmaster olan inditing on-site Baltic ~v~ess point ~~~~~pe 00 the ~~~y(s). 36 ig.C,a.Q.g.Q.gL.t[~[ic signals on the abutting roa¢.~¢.~), and internal arid external YebL~_La[ and ~destrian inter~nnec~ons: . Inter~nne~ion~s) for ~destdans. bi~cles and motor vehicles with existing and~ adj~nt oroje~ Confo~an~ wire the a~bitectural design standards as ident~~ Develooment ~. The aooroximate bou~aries of Mixed Use Activity Centers have been delineated on the maps Io~t~ at the end of l~~3~ad o[_~e Future Land Use~ao ~des. Th~ a~ual boundaries of Mixed Use Activity Centers listed below ~y Activity Center and [o~ation are ~pecifi~lly defined on the ~ps. and shall be considered to delineate the boundaries for ~se Mixed Uso Activi~ Cent~ ff 1 .]mmokalee Road and Air~oA Road ~_6~Davis Boulevard and Sant~ ~ 8 AirooA Road and Golden Gate Parkway ~11 Vanderbilt B~~~~o~ RQa.U A~ ~Qd Pine Ridge US ~3_~~~.~rnmock Roa~ ~De mix of uses in all of ~ese sD~~S~~._e~cept for ~6 ~~~~ard. ra~e from 80 to 1~% zope~. Ac~ter ~6 is aDoro~mately 60% ~mmerci~.~velo~.~ ~~5~s of these.s~ed~liy designat¢~vity Centers~e entir~Activity C~ter ~ligible for uD~~,~~~bereok.~-~Lth~i°~y/ing~ .Mjzm_cLU ~_~J~c,J~J~ ¢ n ~ r s ma.~-de sigarz~-cL-a,sJ~-asj,er-EbaQed Ce~ers,...},~3~t[~lYJJ,?~d.~se Ac~~f,.,Jhoso~have.a..unifieQ_l~L~,q_oJ f~¢,.y_p, b9ment in Ll~J~rn gJ~J~lan~ U~gme~LD.~L~pment ~LP-~.e,_gional lmp.a_c__Lo_c a_rL.a~~2f,..~ e Jg.g ~ e n t of .C.,.ej3~rs_shall be required to utilize th~ Master ~..anned b~j,.,~,.cLgse Activity C.¢~Ler //2 US 41 and lmmokalee Road # 3 Immokalee Road~R 951 //5 LL~z_4J_J;l~d Vanderbilt Beach Road AZ Ratttesnake-Hammoc~d and CR 951 //14 Goodlette-Frank Roa~Ij.Q~L~ Gate Parkway In recognition of the benefit resulting from the coordination of planned land uses and ~~ss ?oints to the public roacLnetwork. Master Planned Activity Centers ar~ encouraged through the allowance o! flexibility_ in the boundaries, mix and location of uses permitted within a designated Mixed Use Activity_ Center_ and may be permitted to modify the designated configuration. The boundaries of Master Planned Mixed Use Activity Centers ~lepic~ed on the Future Land Use Ma_o Series are understood to be flexible and subject to modification during fJr~al site design: however, the approved amount of commercial ~Jf, y..e.!g~Zi~:LL,,~~ be exceeded. The actual mix of land uses shall be determined using 3'7 ~ojec~lif~a~&aster Pl~ed ¢~~tivity_Oenter. ~ority-~~d ra~~~~ p~e~ ~ner ~ay still request a r~~der the~eyis~s of a Mixed ~~ubie~~eallowed in CeEter. &nY oublidy ~ne~jthin B~-~~¢!] ~~ fr~ -a~¢¢cula~ons to determifl~un~~¢ ~~~~e Activity ~~ 2. ~as~anned Mixed ~me as for desianated Activin ~nter e~m~~~~ ~~he m~um ~,~~~e r m~t ~~o~er. The ~~~cili~ ~ ~be Io~~~¢~ of ~¢U~s withi~ster ~ u~i~opmen ~~ n g.n~.a~d- m ~¢ e co g~ain ~¢~¢~%acc~ss to ~jor roa~a~_s~¢~ctivR~enter- ~E~~and D~~.~~Js made to deli~Jbe sp~fic ~undarie~the Future - ~¢1 and ~I)~~OL~Q~Q~aI f~.s. ~~~~L~~~menL ~ ~¢~d~~ Center is no ~~~ as measured from the%¢nto%~int o~ the intera~os aFo~ whi~ the exisdng · ~~~.dem~a~Jng n~e~or ~~.ctivity - ~~pro~d 38 ~~er, is pa~f ~ fina! s'J~i'/P~ p~t wh!~ has¢~~ova~ by tho ~rd ¢ ! h,~c~;~.t,hw~-a¢~ r.~l~ua4Jfax~l r:, of 4mmc.,kalee- Read-an, d, J, merr~ale-7.5 a.U. <tuadra¢4~. o~CRq~$~,-.an4-1m e,~6t ate-75 4nterchange-Ac.4ivi;y-C--;emer, 2JrtteJ_changc. Ac.t[¥i~ Center Sj. tbd.lttdc,_t B~_Bme lnte~ZS. ~b~g~s~d..~lude oum~5~_t0. The b~~ Land Use Map Series. Ir~terchange Activity_ Centers/',-4 and//10 allQ'.,,L[.or a mixture of land uses - whicbj12ay include J00% or any COrTt~iP_&tion thee_of the following uses: the full array of commercial uses. residential ar~ non-residential uses. institutional uses. hotel/m~el .consistent with the Land De¥~Jopment Code. an~ Q~[Eess Park~.Land indu,%d, aLus.es LQc, j~fiedbelow in the soulJ::b~f,~~e,.ast qL!~%~J:al2LS._o_f. Inter._cbange ~.~jty bio i~l:taJJ~~Qin Interchange ActMty_Center_E.tO. "[be,_ac[ua[~ix_of ~hall be determined.C.udng the.rezoning process b~,~ed ~[t_C.¢~side,,.r~t~n of listedj, lQder the Mixed Use AclJvity Center 8ubdistrjct. Interchange Activity_ Center # 9 shall be subject to the requirement of the develo~ InterchangeMaster Plan !IMPL The IMP is intended to create an enhanced 'gateway" to ~s, l'h~ IMP process shall be initiated by the propp,,d!,', owners and/or their 39 .............. :~,., ~t ~¢ ,u, llhin ~,N davS oL~ adootJon of~hana~ ~~e shall not ex~~~~63~-ac'~ Activi~ CeCer ¢ 9. T~Jactors to consi~Jew efa ~on shall be ~l~an~On s)atement and th~~~c~pter- Eot residential develooment, if a oroiect is ~~.boundaries of an Ioterc~ ~~u~6 reside~p~~,may"b~~¢ This - . . ' the ~e~daw of Base~ on tBe unique Io~fion an~ {unction of IntercBange Activity Centers, some In~uslrial lan~ uses mat se~e regional markets an~ 8erive specific Benefit w~en Io~te0 in Interchange Activity Centers sBall Be allowed, provi~e~ eac~ suc~ use is reviewefl an~ foun~ to Be ~mpatiNe witN existing an~ approve~ lan~ uses. Industrial uses sNall Be limite0 to: manufacturing, wareBousing, storage, an~ ~islribulion. T~e loll~ing conditions s~all Be require~ to ensure compatibility of Industrial ot~er commercial, resiflential and/or institutional lan~ uses in t~e InlercBange Activity Centers; to maintain IBe appearan~ ot IBese Inter~a~e Activi~ Centers as gateways ~o ~mmunity; an~ Io mitigate any a~verse impacts ~use~ by noise, glare or fumes lo the aSja~nt pro~rty ~ners. ~Be Planne~ Unit D~Lo~~~°ance s~Oc develo¢~I be reviewed during the Sit¢~ent PZ~ review - La~ping, buffering and/or bering shall be installed alo~ the Interstate; Fendng shall be w~en or masonw; a~ - . . · ~¢ · ~olesale ar~ storage uses sha~ not be ~rmitted immediately adja~nt lo the right-of-way of the Interstate; a~ 40 eme~~ce sh:!! *'", ~-,-.. ~_meni4ecL.,zG~r~ epods sh~!! be submitt ' m,::q~s~r, i3!s; Central water a~ ~wage systems shall be required No direct a~ss to the Interstate right-of-way shall be permitted; Joint ac~ss and frontage roads shall be established when frontages; ~¢~ meet the access sparing ~ ~ir~gI&~L~g~~rol Ac~ss pomnts and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to mimmce the need for U-turn movements; a~ The developer shall be responsible to provide all necessaW traffmc mmprovements - ~de traffic signals, turn lanes, de~leration lanes.~. ~d dee~¢ necessa~ - as determined throu~~~~.~;~ A maximum fl~r area ratio (FAR) for the designated Industrial land uses component of the projects shall be established at ~.45.~ , and ;.,z-4enei.l ~Ianned Uni! Oevelecmen'~cxl/4~c4e~nL.'yg ord~nan'c"e~ec~n'~n~, ch~!! 41 42 c. ~ ,-~...,~me~JeH~' then !..Yeo~es4n-e~zeeend C. Urban - Industrial District fYYrh~ Industrial Land Use District is reserved primadty for industrial type uses approximately 2_200 acres, lr','~r~,;*Je-." 43 · · e*tr~ ,/'~, ,r~l Thc P~r.~ Unit ~v~t ~ rez~ ~ ~ - ~tcnt with '~"~ "'~'~ a~~ ~ua~ be c~~ ' ' ' ~~~~,s w~hm ~he C~~-~~'1~~ ~~s, New ~~~~~limiled ~mmefcial prohibited, ex.pt as a~sso~ to I~us~al or ~~~D~~ ~ri~ter of the desi~~~~aJ ~~f October 1997 shall be deemed consis~¢ Circulation Element. or a~~,~~¢~e~bat does not ~~~~~~_~~~, those r~~ a. Manufa~udng; b. Pressing: ~tor~e ~d wareh~si~ d. e. Dis~buSon: Asse~ O~er basic i~at_uses as described in the l~¢ustria~~t of tb~a~d 44 Business ~~,~~ed below and as de,s?,[.i~d in the Business Pad,,~,.oJ3~g District of the Land Development Code: and E~..~ooort commercial uses. such as child care centers and restAur_ants, _Eu'Business parg~Subdj~trict siness Park Subdistrict is intended lo o[o~ide _f_.or_a_E1A-~al users and no_E: ~t~t.SC.,L~¢,.,,~~.[~ attractive oark-like err~ronment with~,~%densib' where building coYerage ra~es betweec_Z~aCd ~ljtCj:jQg_aQd_c~e employees and patrons of the Park. B. jz.sjj~rks s.ba!l allowed as a subdistrict in the Urban Industrial Dis~-Es setLo_d~ undo1 Die. Business Park Subdistrict in the Uf~an-Mixed ~ DESIGNATION The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore EIQ.S], allowable land uses are of intensity inan_Cj[pj~and...p_r.of]::t¢J,~~Lch~~' A-~ is c.....,.m.p,~t!b!e ,.,n~ ¢ ' , ' t ,~. .... ..... , , , ,. G:eecCi~e~.~ w~~a of Crit, i¢,~-S~t~'e-C,4~c-'~z~6ec''c~e''g'utuce'q=a¢~! U~~ ]'he folloaving uses are ¢ermittedJa.tbJa_OistQ~ ' - as farming, ri~rlching, fo~.tl:Y, bee-keeoing; b. Residential u,~.c.S_.aLajsaaximum density_ of one ~_afety service faciJifie..,~ Co~131~Q~iJi_~es such as churches, group ho~singj,~¢_tceme!eries: and schools which shall be sub!ecl, to ~e following criteria; · Site area and school size shall be subject to the General Educational Facilities - s._ubmitted a,nnually by the Collier County_ · ]'J3e Site must ._ ~[be ,subject to all applicable Slate or Federal..~n~. 45 h. Communicatio/1AB~u-~tY facilities, exc, ept for central water and sewer [a_cili~ies aA3¢ed L._~ant lair housing as oro~ided in the Land Deyelooment C~e: j. EaCh minin~oil extra,ion andr~lated oro~ssin~ K. ~halt plant as a Conditional Use as defined in the Land Development C~e oro~hat ~_asohalt plant: is ~moatible ~th su~oundinQJand uses: is not lo, ted in a Couoty. State ~~~[i~al wet~a~~Y m~~rer ~es: J~ ~ot Io~d within ~~~: is n~d ~in the Area of Criti~l S~Concern as ~~~nd. is not Io~~1 .O0~feet ~_ C~e! uses a~sso~ to other Qe~itted uses. are im~sed to insure ~ ~mmer¢l use func~~~~ [es~¢ions or limi~tions ~uld include timi~ the s~~~f the commercial use ~~ss to ~e nm~rdal use: ~. ~mmercial u~s. ~Bin ~ural ~mmercial S~bdistri¢~¢~Pe_~dter~ ~~i~ the Rural - Industrial Ois~Jc~ o. Travel trailer re~Lc!e ~arks. orovided ~~~~e 1, The density ~gsistent with the La~~ 2. ~~princi~al a~ess I ' eria~ in the~fic Ci~c~ie~nL dire¢ odncioal accessdefined ~nnectipn_~l road. ~th no ~ ~he use will be ~moatible nth surro~ding 2,.._Com,..ner ~a IA Jrt der--C, rlte ri a b~ T~r *~'""' ~f~ fr~~-~~ ~e~ur~se of ~is Oistri~ is to Brqte~ and en~urage aaricultural activities, console and prese~e eoviron~ntally sons,ye areas, orovide for i~ensi~ resid~~. other u~s id~~ ~~~9~d. therefore mesLall~able land uses a~ d~~¢ial dwelling units, at a maximum density e~~¢lling ,,6 b,.~Q~_ories' duper staff housing, as may ~.,,%.~~~ance with tt-~_Land_D_.e~elooment-¢-c¢-~ ¢.~_~ZP_b.Q~-J.Qg uses at a density in ac~rdance with t~tte&in d. Staff housing in ~ju~ion with safety se~J~ facilities and essential se~i~at a ~n~ Crdan~ with ~e Land Develooment C~ ~~~~an~ with the Far~or H~u_~~v~g i~~ ~ Recreation ~mos as defined in. an~ at t~ decal, linked b~. J. Rural Comrr~~trict yY'j[hin the Agricultura~Rural- Mixed [,2.~t_D.~:i~mm~ ' ~~_all~ed or~iding ~e roll.in--ds for intensity of use are m~ ~, or that ~on of a larger oroject which is devoted to ~mmer~ develooment- is 2.5 ~es ~ ~s in she: ~~¢. or ~~~ct ¢ich is devoted to ~mmerciaJ ¢~~t. is n~~~~~d by r~distance, from th~ ~ject~ered from adjacen~[~ ~W,~~~~ areas, is intended, andsha~¢, rese~¢~for ind~~ ~~ides basic l~~es. Ii--uses 4'7 uses are prohibited, exceot as~accessoq/to Industrial uses. The C-5 Commercial_Zoning District on _the perimeter of lands designated Rural - Industrial District. as of October 1997. shall be ¢oosistent with this Land Use District. All industrial areas shall have direct access to a road ciassif'~,,d as an adedal or cotlectorkl the Traffic Circulation Element. or access may be oro¥ided Ca a local fOrad that does not service a .oredominately residential area. No new industrial land use.~ shaU be berrn'itted in the N'ea of Critical State Concern. For the _ourooses of intemreting this O.j~dgas exolocatiomdrilling, and _ofoductJon shall not be deemed to be industrial land tjses and shall continue to be regutated by all aD_olicable federal, state, and local laws. Intensities of use shall be those related to; a. Manufactudogc_' b. Processing_: c. Storaoe- and warehousLn~ d. Wholesaling; e. f. Dis~butiort: O~her basic i~dustrialj,12es as described in the Industrial Zoning District in the Land _Develooment Code: su_ .ooort corr,'nercial uses. such as child care CeQ%ers and restaurants. C. Rural - Settlement Area District C_.~m,.~ cf __~'-'-'-'-'-'-'-'=~¢__'_.,or~._ ! ~, !4, 23, =."'~ 24, ~ t~,..,c~u!*. ~_---~d._~ ~ '..~'~ ;-~,'~~cf '~;~ pc . · ¢¢ves4ed~ for ,..he 4@ ~j2District censists~L~.c, CJg.9-s 13,d_~_j32d~.o_pL22,_Townshio 4¢LSoulb..J~agc-ZZ Ea.s_~,he four N~~~~~~~~~~s ~~en ~~~ettle~~Aaws~~ ~_~~~~L~ ' ~Lhis ~~~sted' for the uses ~~~ R~~~~aSleLp~an III. ESTATES DESIGNATION The Estates Land Use Designation are ~ lands which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The area is identified as having potential for population grov4h far removed from supportive services and facilities. Expansion of the area-v,41J, ~ be discouraged. (:V4)Pursuant to Policy 4.1 of the Future Land Use Element. the Golden Gate Area Master Plan encompassirx:j the Estates Designation was adopted by the Collier County Board of County Commissioners on February 5, 1991. Refer to the Golden Gate Area Master Plan for siting criteria and development standards for spedfic land uses. IY-,- CONSERVATIO~~ATION The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental. ~z3~ recreational benefits· All nalive habita!s possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands. coastal bays and wetlands deserve particular atlention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The Conservation Designation is intended to protect certain vital natural resource areas of the County owned,.pd[]3~JJY, by the public, 8J~fi.y.&tCj/~bC[dJI;;LgS.~Q~ ~l_p[e,~C,_B~C.L.l~Q~i[C-Bc. Luge. FakabALc. bee ,,Slrand S tate Pre s erv ¢..,_C9 i1 i p. -,/=,~:¢,E:tLQo I e,_~'U,.¢_,~l dr~,_[?,o9 ~tJJ.¢-Lq .aLF--~u a ri ne _E~.~e,.aLcb_R e s e rye. · ) on ,~o. zcLeJ.y~(; ~ r k s c r e w · The boundaries of the Conservation Designation may periodic, all'/change as properties are acquired. Standards for dev~Lc~z:LU~_~o~J2e?,fJg~atkon ~a_stal ManagemenLF..~t3.).eJ3LaDJ;LJb~.gQtY~L~d3Cj~pment Regulations. Conservation Designation will accommodate limited residential develoome~L~P-d-f-u[u-r-¢- EQOcl'e,f. idc~ses- Th_¢foliowing uses are oermitted in th~..Designa)joJ2;. 49 i:1_,Single family d'~L~~J:LO[Dc-2~vJ~re the Mobi!e_t:[EEze_Z~ning exists, at a maximum density of ~ 3 aros~~ldings wi~in the ~Lmust ~ ohysi~tl'/si~]ed oE&mJ~~¢~¢]~0r ~ar~l for ~rivate in-~i~s b. be~itodes, duolexes and other staff hoU~2~¢_~.P[¢ i~[ion with ~onse~a~on uses. at a densi~ in a~rd~ ~8~Bat permitted in ~ ~n~~ent c. Group ~using uses at a densig in a~rdan~ ~B Bat ~ermitted in the Land Develo~ ~e: · · d. Staff ~using in ~njun~on ¢~ safe~ ~ice~~e~jc~-~ta density a~rdan~ ~th ~Land Development e. Farm lair housing in a~rdan~ with the Farm~bor Housing orovi¢~ f. Recrea~on ~mos as def~ in. ~~sity atlo~ the ~d_ Deve~n[ g. ~~~ as d~fined in the Land DeveloBme~¢~ ~en spa~ and recrea~onal uses; j. Community facilities s~ch as churches, group housing us~s. cemeteries: and schools which _shall ~ subjec[ [o Be roll,lng criteria: · ~ite area and s~l size shall be subject to the General ~tional E~~epod -~ubmitted annually by ~e Collier County Sch~l B~ard to the Commissioners. The Site ~ust ~msly with the [be j, Commercial uses a~ssow to oBer oermitted~~~a~~so~ ~on of a Pa~ or Prese~e; I, Utility and co~~[ m. Eadh miring; o. Oil e~~~Ed pro~ OVERLAYS A N D_SPEC;J,&LEE~.T_~ ~ Critical State Concern Overlay The Big Cypress Area of Critical State Concem_(AC..,,A.~ was established by the 1974 Florida Legislature. The Cdtical Area is displayed on the Future Land Use Map as an overlay area. The C..aitJ~l Are.~encomoasses lands designated Conservation. Agricultural/Rural. Estates and Urban 5o {pod of the Islands. Plantation J~laJ:l~~ Cyj;E~~ja~~. All Development Orders within the Critical Area shall comply with Chapter 2-7-F-;~ 20:.2,5, Florida Administrative Code, "Boundary and Regulations for the I:~eJo4k>w' ka~k>r,¢~, wh kt, heve r- are Big Cypress Area of Critical State Concern" o¢4 mga'egu , r. eC¢iC,~e. :1:h.e I~o~ regulations include 4..a. Site alteration shall be limited to 10% of the total site size, and installation of non-permeable surfaces shall not exceed 50% of any suct~ area. However, a minimum of 2,500 square feet may be altered on any permitted site. ~r,.~--.b.Any non-permeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximaling the natural surface water flow regime of the area. {lX~¢.Soils exposed during site alteration shall be stabilized and retention ponds or performance, equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days fo!lowing completion of a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Brazilian Pepper - (Shinus terebinthfolius) Melaleuca (cajeput) o (Melaleuca leucadendra spp.) Downy Rosemydle - (Rhodomytus tomentosa) Earleaf Acada - (Acacia auriculiformis) Catclaw Mimosa - (Mimosa pigra) Java Plum - (Syzygium cumini) (4X)4~. No mangrove trees or salt marsh grasses shall be destroyed or o~herw~se altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17-301, Florida Administrative Code, as amended. ~ Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetalion of comparable size. Dredge or borrow ponds shall provide for the release of storm water as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion of the estuadne zone. (!X~,t'. Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 de9rees to a depth of si;,' feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as amended as development or applies for a development permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply. ~ Finger canals shall not be constructed in the Critical Area. t~..~[s rule sbajj..l~j~,~Lt~aJLe~ion~'z~~o~ecti°fl wi~z~ricu~ttLr.-a] -la. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. 2b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equiva!ent structures or systems. Said facilities shall not retain, dived, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. 3;;. New drainage facilities shall not discharge water into any coastal waters either directly or lhrough existing drainage facilities. ;1. This rule shall n~,~~~[~l~Jj_es modified or co~~_Lo~Se land (~,X~'~a.Transpodation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand, or slough water through the use of bridges, culverts, piling construction or performance equivalent structures or systems. (4X),g.b.Transportation facilities shall be constructed substantially parallel to the local surface flow, and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shal~ be released to natural retention filtration and flow areas. ~c Transportation facility construction sites shall provide for siltation and run-off control through the use of settling ponds, soil fixing or performance equivalent structures or systems. S2 ~a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. 2b. Minimum lowest floor elevation permitted for structures shall be at or above the 100 year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood insurance Land Management and Use Cdteria (24 CFR 1910). as administered by the appropriate Iocat agency. ¢~e shall no_l..a~ply ~se of th~ lan_cL Ail Development Orders issued for projects within the Big Cypress Area of Crittc-.,al State Concern shall be rendered to the State of Florida Department of Community Affairs fr.x ray-,aw w~t,h the potential for appeal to the Administration Commission per Chapter 9J-'l, Florida Admin~straD''e Code, "Development Order Requirements for Areas of Critical State Concern'. ic,-c~se '"'*""" w!:h~ C..,/~c'..c ?.'es ~ Crit!~. ~~.~ ",:s-..!ed" by thc $!ets ?.,tand~, [nc. ~,,,:~_ ,he-~~~ r..~c!! ~'~ .5'~"~"~'~ by "'" Dc:'c.-~u'Pm.-cn! ?-grccm~'m'~' "'~ m...~..~..., (t) CJ~Ac~s Qf_Emdmj~_mentilLg_~ncern Overlay Areas of environmental ~ncern are identified on the Future Land Use Map 5erie~. Primarily, these represent ~astal bea~es, marshes, hardw~ swamps and cypress forests; wet prairies and Iow pinelands; and, brackish marshes. Zhis overlay ~ntains aenera~sentatJons for infor~~p~5~JY; it d~s not con~ - - eff~~Q~~..~eveDpme~ou~d in new develoomen~~~.a~~t°W La~d ~~nt ~n s e~ationCa~.~mt O. C..Airport Noise Area Overla:y The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 65, 70 and 75 Ldn (day-night average sound level). The Airport Noise Area Overlay shown on the Future Land Use Map reflects the 65 Ldn contour, the least severe impact of these three noise contours. Residential and other noise sensitive land uses are considered 'normally unacceptable" in areas exposed to levels between 65 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the Land Development Code contains an Airport Overlay District which regulates development near the Naples Municipal Airport. 53 FUTURE LAND USE MAP SERIES ~LgJEit_~ters Inte rcha nqe,_ ActLY |ty_.C_e, Jtte ~ pro_~,,L'tl_es Consistent by PoLig~L_J~9.5.10.5.1 · H ~tpr_al_R.~ ~_0~11an d~ JYl al~ COLI. J,E R-COUN'I~ FU.~H D USE-MAP-SE-RI~S ZOH!HG R5 5"/.~.LU- - COMMERC!^L UHD~'~R-GRIT-F~A Maps-O543SZ~TNZ and.~522NZ-amended-March-14r-1995-(X11) NOTE; :T~epresent4 ~~rties-t hat-he ve-been-fou nd--con si6tent-wit h4he~Future ~=_-, Element4hrough-thc' Z, onin~valuation_~rogram-and4hrough-app~lcatiom°f-the Comrner~~~teria-provi$14~l-of-t he-Fu~ure-L-a nd-Use-E lement, 1997 FUTURE LAI'~D USE ELEMENT T 41 S T 4tS T SO $ 12. A 1 // l ,/~20 2 11 4 3 ,..... MIXED USE ~ INDEX ~°II IL' I 12A · i Jl 11 12A~I , ! l: j iii ," I I!1 1' I I'.I .- 12A i~" / / ;il i' 0 T 4BS S Gl,, ,L N t ! TS01S 0 , N i i..0 ZU Z 0 Z Z 0 Z .I 'L .='mm T47 S ~ fm13 ~ · 12A'I (..9 .I C) STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97 - 67 Which was adopted by the Board of County Commissioners on the 28th day of October, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of November, 1997. DWIGHT E. BROCK Clerk of Courts and Clerk. Ex-officio to Board of County Commissioners By: /s/ Susan Barbir~ti? Deputy Clerk DATE ~ST. TIt~ TOTPl. TII~E AB~R ID STATUS ~S [~EPT COD~ September 29, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition AV-97-019 Dear Judi: Please advertise the above referenced notice two times, one time on Sunday, October 12, 1997 and one time on Sunday, October 19, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700897 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, OCTOBER 28, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will be{~in at 9:00 A.M. The Board will consider Petition AV-97-019, Richard K. Bennett, Owner, requesting to vacate a portion of a 15' wide drainage easement on Lot 1i, Block C, 'Flamingo Estates' as recorded in Plat Book 10, Pages 34 and 35, of the Public Records of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) September 29, 1997 Richard K. Bennett 1243 12th Avenue North Naples, FL 34102 RE: Notice of Public Hearing to consider Petition AV-97-019 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Comanissioners on Tuesday, October 28, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997 and Sunday, October 19, 1997. You are invited to attend this public hearinG. Sincerely, Sue Barbiretti, Deputy Clerk Enclo Collier County, Florida REQUEST FOR LEGAL AOVERTISING OF PUBLIC HEARINGS To: Clerk of the Board: Please place the following as / X/ Normal Legal Advertisement / E~/ Other: (Display Adv., location, etc.) Originating Dept/Div: Transportation/Public Works Person: Rick Grig9 Dale: 9/22_/97 (Sign dearly) Petition No. (If r',o~e, give brief desc~ptk)n): AV 97.019 g'etitio~er: (Name & address): Richard K. Bennett, 1243 12th Ave. No. Naples, FL 34 102 Name 4; Address of any person(s) to be notil'ied by Clerk's Office: (If more space needed, attach separate sheet) Ha,:,d,-~g before: /'X/BCC / / BZA / / Other Requested hearing date: October 28, 1997 Based on advertisement a~.pe.=nng 15 days before hearing. N .,r,,/spaper(s) to be used: (Complete only if important /X/, IX/ Na2!e,~ Oa~ty News or legally required/)(/} / /Olher Proposed Text: (Include legal description & common Iocabons & size): Per,ben AV 97-019 to vacate a pon~on Of a 15' wide drainage easement on Lot 11. Block C, "Flamingo Estates" as Recorded in Plat Book 10. Pages 34 and 35. Pubhc Records of Collier County, Florida. - Companion petition(s), if any, & proposed hearing date: · Does Petition Fee Include Advertising Cosl? Yes P/~' No/E~/ If yes, what account should be charges for advertising costs 101-163610-649100 ;;:, ........ . .... g;~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ D.;vlsion Head: Ed llschner ~//..~ Y"/~.,.~ Counh/Administrator; Ruben F. Fernandez List Ah:-,c,h,~,enls: (1) Resolution (2) Petition (3) Maps D RUCILO S A. FoL..hearlnos bef~e BCC ~ BZ.A: Initiating person to complete one copy and obtain Division Head approval before submit~:,'~g to County Manager. J~L(I[P.,LJf leqal documents J"J~i. DY_0.[~L. be sUr~/D. QLAily necessary leoal reyif~, o~ ~Jor same. is submitted to County Attomey.be(J~e su~3jIt/J~3.Q.iO_~our~ The Manager's Office w~ll distribute copies: · B. IX/ County Manager agenda file; /X/ Requesting Division; IYJ Original to Clerk's Of'rice Df, her hearjpgt: Initiating ,Divis~on Head to approve and submit origiqal lo Clerk's Office. retaining a copy for r~le EORCLERK'S OFFICE USE_Q.~J.2E BaI(L0._?,.,I::L . RESOLUTION NO. 97- RESOLUTION FOR PETITION AV 97-019 TO VACATE A PORTION OF A FIFTEEN FOOT (15') WIDE DRAINAGE EASEMENT ON LOT il. BLOCK C. "FLAMINGO ESTATES' AS RECORDED IN PLAT BOOK 10. PAGES 34 AND 35. OF THE PUBLIC RECORDS OF COLLIER COUN'~. FLORIDA. WHEREAS. pursuant to Section 177.101. Florida Statutes, Richard Bennett, owner, does hereby re, quest the vacation of a portion of a 15' wide drainage eas~n'nem on Lot II, Block C, "FLAMINGO ESTATES" aa recorded in Plat Book 10, Pages 34 and 35. of the Public Records of Collier County. Florida; and WtiEREAS. the Board haa this day held a public hca,ring to consider vacating a portion of said casement aa more fully de~ribed below, and notice of said public hearing to vacate was given as required by taw; and WHEREAS. the granting of the vacation will not adversely affect thc ownership or right of convenient access ofo~m' property ownen. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the following be and is hcreby vacated: Sec Exhibit "A" attached hereto and incorporated her~in. BE IT FUR'FliER ~LVED, that thc Clerk is hereby directed to record a certified copy of this Ru'solution in thc Public Records of Collier County, Florida. and to make proper notations of this vacation on the recorded plat of "FLAMINGO ESTATES". This resolution MOl:ned after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to form and Assislant County Anon'icy Timothy L. Hancock, Chairman 961 22~ 8treel $.E. /l Bill MacHdes, P.S.M. DESCRIPTION A potion ofLot I I, Block "C", Flamingo Estates, as shown on that map or plat thereof as recorded in Plat Book I0, pages 34 and 35, ofthe Public Records of Collier County, Florida, being more particularly descn~ as follow~: COMMENCFNG al the Nonhwext co~x-r of said l. xn i l, Block "C", Flamingo Estates; then~ S. O0~ 07' 30" W. along th~ west~iy boundary of said Lot 1 ], Block "C", Flamingo Estate, for a distance of i 5.00 fe~t to an intemection with the Southerly boundary of a 15 foot wide drainag~ easement as ahown on the map ~ plat thereof, thence leaving siad Westerly botmdaty, N. g~ 59'I0" E. gong said Soulhedy boundary for a d~stance of 9.35 feet to the PO/N'r OF BEGINNING of the herein described parcel of land; thence leaving said Southerly boundary, N. 00" 07' 30" E. 8.00 feet; thence N. 89' 59' 10" E 32.70 feet; thence S. 00" 07' 30" W. 8.00 feet to the aforesaid Southerly boundary; thence along said Southerly boundary, S. 89' 59'!0' W. 32.70 feet to the Point of BegJrming of the herein descr/bed parcel of land. Said parcel containing 261 ~quar~ feet, mo~ or le~s. A skecth ofde~cription is attached hereto as Exhibit "A" and by refcn'ence incorporated here~n. Bearings are based on the North line of Lot 11, Block 'C", Flamingo Estates, as per map or plat thereof, recorded in Plat Book 10, pages 34 and 35, of the Public Records of Collier County, Florida, as having a bearing value of N. 89' 59' 10" E. Not valid without th~ signature and orig/nal raised seal ora Florida iiscensed Surveyor and Mao ro Wi~~ P.S.M. Profe~ional Surveyor and Mapper License No. 5621 Date: ¢--~--~ 'fills D~S~RIPT~ON LS NOT YAL~D WITHOt,O' SHEET Z OF 2 SHEET I OF 2 FILE NUMBER 97.104-2 9~1 N~ FL34117 POINT OF SKETCH OF DESCRIPTION EXHIBIT "A" LOT IL BLOC. K 'C' ~ ESTATES POINT OF BEGINNING THIS 5K£TCH Of' DE$CR~FT](~ PREPARED BY: WILUa~ A. ~, THL$ ~LrTCH OF DF.,ICI~lv1'I~ I~ ~ V4~J) WITHOUT ~l~Lr'r I Olr Z SHEET 2 OF 2 FILE NUMBER 97.104-~ Co~lier County. Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk of the Board: Please place the follOWing as a: / X/ Normal Legal Advertisement / i--l/ Other: (Display Adv., Iocat.:)n, etc.') Originating Dept/Div: Transpod, ation/Pubiic Works Person: Rick Grigg Date: 9/22/97 (Sign cleady) Petition No. (If none, give brief description): AV 97-019 Petitioner:. (Name & address): Richard K. Bennett, 1243 12th Ave. No. Naples, FL 3.4102 Name & Address of any person(s) to be notified by Clerk's Office: See attached (If more space needed, attach separate sheet) He~dngbefore: /7,/BCC / /BZA / /Other Requested hearing date: October 28, 1997 Based o.'~ ad¢crtisemen! appearing 15 days before hearing. Newspaper(s) to be used: (Complele only if important /X/. £/,/ Naples Daily News o~ legally required/X./) I / Other Proposed Text: (Include legal description & common locations & size): Petition AV 97-019 to vac<3te a port,on of a ;5' wide drainage easement on Lot 11. Block C, 'Flamingo Estates' as Recorded ~n Plat Book 10. Pages 34 and 35. Pubhc Records of Collier County, Flodda. Companion petition(s), if any, & proposed hearing dale; Does Petition Fee Include ACvertising Cost? Yes/X/ No/i-'J/ If yes. what account should be charges for advertising costs 101-163610-649100 ............ ';;;;;;;;;i ............................... ;;;; ................... DN!~:~on Head: Ed I!schner 7//Z/¢,/4~'~ Counly Admimstrator: Ro3ert F. Fernandez List Attachments: (1) Resolution (2) Petition (3) Maps DI~ON INST~ A. For hearings bef~e BCC o~ RZA: InitJatir~g p~rson to complete one copy and obtain Division Head approval bef~e submitting ~ County Manager. J~t~.f. ~al dc, cum, en~ is ~nvolYed. request for same. is submitted to Count,/Attorney before submitt,in(] to County Manacn['. The Manager's Office will disb'ibute copies: - - B. /X/ County Manager agenda fi~e; /'X/ Requesting Division; /X,/ Original to Clerk's Office ~t3.~D..gs: Initiating D~ision~-J.~ to approve and submil original to Clerk's Office, re~aining a copy for file. D~t,e Received R EFa') LUTION NO. R E.c~)I.IITION FOR PETITION AV 97.O19 TO VACATE A PC)RTION OF A FIFTEEN FOOT {15') WIDE DRAINAGE EASEMENT ON I.OT II, BLOCK C. 'TLAMINC, O ESTATF. S" AS RECORDED PI.AT BOOK I0, PAGES .14 AND 35. OF TIlE PUBLIC RECORDS OF COI.LIER CO{ ~N'T'Y. FLORIDA, WHEREAS. punuam tn Section 177. I01. Florida fit~mes, Rich·nj Btmnert. nv, net. does hereby reque~ Ihe vacation of a portion of · 15' w;de drainage ca·emenl (m I.o{ II, Block C, 'FI.AMINC'd) ESTATI:~' ·s rcccscded in Plag Book I0. P·~x,~ ]4 ami 35. of lhe Public Recc,~'ds of Cnllier County. Fie, cMa. WIIEREAS. the B~uu',t has this day hekl · p~sbli< hearing t,~ consider vat·tin· · porli~m of ~akI ea,~'mem I~ mine full:,' de~nhed helo-.,, and no~ic¢ of ~aid pubhc hearing rrquircd Fy la~*; ·~d V,'IIEREAS. lhe ·ramin~ of Ihe v$c~twm will m~ adversely afl'ecl cnn.,¢flient lec~s of o~he~- pc'opt~y owr, e~. NOW. THEREFORE. BE IT R E.rd~I.V ED BY TIlE ('{}M~{ISSIC}NERS O! COl.l.IER ('OtfNT~'. FLORIDA. that the fnflov, ing be and i,~ hercb3 vat·lcd ~ E~hibit 'A" attached herelo at~:J ineoclxwated herein. BE IT FUR~IIIER RE.c.,C)I.VED. Ih~! the Cte~ i~ hereby direc~eJ ~l~i~ Resolution in Ihe Public Recmd~ of Collier Cou~', Florida, m~l tn make proper nc~at~m~ of this ~,~aticm on ttm r~d plat of"FI~MINC~ DA ~D: DWIGII; l:. BRCX'K. ('~k C'OI.LIl:R COI~N IY, FLORID if,?: ............................ T im~hy I.. } I,Im:,<k. ('ha~rman 9~1 22*e 8trna S.E. NapM~ FL 34117 III Macrides, P.S.M. DESCRIPTION A portion of Lot 11, Block "C", Flamingo Estates, as shown on that map or plat thereof as recorded in Plat Book 10, pages 34 and 35, of the Public Records of Collier County, Florida, being more particularly described aa follows: COMMENCING at the Northwest comer of said Lot i 1, Block "C", Flamingo Estates; thence S. 00" 0T 30" W. along the westerly boundary of said Lot 11, Block "C", Flamingo Estates, for a distar~..e of 15.00 feet to an intersection with the Southerly boundary of a 15 foot wide drainag~ easement aa 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. PO[NT OF BEGINNING of the herein described parcel of land; thence leaving said Southerly boundary, N. 00*0730" E. 8.00 feet; thence N. 89' 59' I0" E. 32.70 feet; thence S. 0(Y' 07' 30" W. 8.00 feet to the aforesaid Southerly boundary; thence along said Southel'ly boundary, S. 89' 59'10" W. 3?-.70 feet to the Point of Beginning of the herein descn'bed parcel of land. Said parcel containing 261 square feet, more or less. A skecth of description is attached hereto as Exhibit "A" and by reference incorporated herein. Bearings are based on the North line of LOt i 1, Block "C", Hamingo Estates, as per map or plat thereof, recorded in Plat Book 10, pages 34 and 35, of the Public Records of Collier County, Flor/da, aa having a bearing value of N. 89' 59' 10" E. Not valid without the signature and or/g/mi raised seal of a Florida liscensed Surveyor and Mapper. ~. P.S,M. Proft~ional Surveyor and Mawr Lic~ No. 5621 T}M$ DE$CI:~P'TION I$ NOT VALID WITHOUT SHE-ET 2 (Nc 2 SHEET I OF 2 FILE NUMBER 97.104-2 961 2Ze Stm~ &E. Nap~ FL 34117 .~01 ill Macrldes, RS.M. office g41 3539300 Fax g41 353 g~30 POINT OF COMMENCEMENT SKETCH OF DESCRIPTION EXHIBIT "A" LOT Ii, BLOCK 'C' Ft. AIdlNGO ESTATES 15' DRAINAGE £A. SF_.MF..NT .~ THIS SKETCH OF D~~ON PREPARED BY: W1LL./AJ4 a,. MaX::RID~,.'$, P.SJ, L ~...AL.E r' TO 10(7' SHEET 2 OF 2 FILE NUMBER 97.104-3 Adi~¢ent Property Owners Block/Lot. 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 3 F 9 F 10 F 58 F 59 F (30 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. & Kdsten L. Milbourn, 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 Hart7 & Mae Nevins, 4458 Robin Ave., Naples, FL 34104 David Zarnarron, 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. Werner, 4503 Rosea Ct., Naples, FL 3,4104 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. Bornmann, 4419 Rosea Ct., Naples, FL 34104 FFI Ii1111111111111111111111111111111111111111111111111111111111111 Ii111111111111111111111111111111111111111111ii11111111111111111 nn21, n. Lzz mwm21 - ~ & izcotos I 1"' ~'lfof (8.1.3) 774-8406 o',I lO-O11 ~: 18 18-~2 1~:~ ,,,10-~3 99:~ 00' 02' 1,~ 00' 01'53 591 0996 October 1, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition AV-97-019 Dear Judi: Please advertise the above referenced notice one time on Sunday, October 12, 1997 and again on Sunday, October 19, 1997. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order #700897 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on October 28, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 AoM. The Board will consider 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. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) October 1, 1997 Mr. Richard K. Bennett 1243 12th Avenue North Naples, FL 34102 Re: Public Hearing to Consider Petition AV~97-019 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997 and again on Sunday, October 19, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Dwt/~bt E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT couJ~ COtm~ c~ CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD Or COUNTY COMMISSIONERS October 3, 1997 Re: Public Hearing to Consider Petition AV-97-OI9 Dear Property Owner: Please be advised that the above referenced petition viii be considered by the Board of County C~immionerm on Tuesday, October 28, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997 and again on Sunday, October 19, 1997. You are invited to attend this public hearing. If you should have any questions regarding this item, please feel free to contact Rick Crigg in the Transportation Department, at (941) 774-8494. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure BOARD OF C~ CO~qIqZSSI~RS ATTN: ~CY ~ PO KX REFERENCE: 00~230 70~9 ST~T~f.~ NO?ICE OF P1.J~.IC HEA State of F~oric~m Cc~ty Of ~f~e t)~e ~rmt~ authority, ~l~ier ~ty, Flort~: t~t t~ ~tes Afft~t furt~r ~a t~t t~ ~id ColLier ~ty, Flort~, ~ t~t t~ miter at t~ ~t off(Ge in ~Lt$er ~ty, FLor$~, ~oe · atta~ ~ of ~ertis~t; ~ furt~r ~ t~t ~ ~l a~t~r At) SPACE: 54.000 INCH FILED ON: 10/20/97 , f ~9 12C_ RESOLUTION NO. 97- ,407 RESOLUTION FOR PETITION AV 97-019 TO VACATE A PORTION OF A FIFTEEN FOOT (15') WIDE DRAINAGE EASEMENT ON LOT il, BLOCK C, "FLAMINGO ESTATES" AS RECORDED IN PI,AT BOOK 10, PAGES 34 AND 35. OF' THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. WHEREAS. pursuant to Section 177.101. Florida Statutes, Richard Bennett, owner, does hereby request the vacation of a portion of a 15' wide drainage easement on I,ot II. Block C, "FLAMINGO ESTATES" as recorded in Plat Book 10. Pages 34 and 35. of the Public Records of Collier County, Florida; and WIiEREAS. the Board has this day held a public hearing to consider vacating a portion of said easement as more full)' described below, and notice of said public hearing to vacate was given as required by law; and WtiEREAS. thc granting of thc vacation v, ill not adversely affect the ownership or right of convenient access of other properly owners. NOW, THEREFORE. BE IT RESOI.VED BY TIlE BOARD ¢)F C()UNTY COMMISSIONERS OF COI.LIER COUNTY. FLORIDA. that the following be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED. that the Clerk is hereby directed to record a certified cop)' of this Resolution in the Public Records of Collier County. Florida. and to make proper notations of this vacation on the recorded plat of"FLAMINGO ESTATES". This resolution adopted after motion, second and majorily vote favoring same. DATED:/c' ,_/,z~' ~; ,7' ATTEST: DWIGHT E. BROCK, Clerk · .-~, /' .- );' / ,-/ - . / .~/ / ,/ ,,~' Appti~ved as to form Bi'id [?l Assisl~nt County Attorney BOARD OF COUN'I-Y COMMISSIONERS COLIAER~UNT~. FLO~D ,~ Ti~0;hy l~/~.4c~cld. C~l~irman 2242~37 OR: 2359 PG: 0620 961 22"0 Street S.E. Naples, FL 34117 e Bill Macrides, P.S.M. 12C2 Office 941 353 93(X) Fsx 941 3539830 DESCRIPTION A portion of l,ot 1 i, Block "C", Flamingo Estates, as shown on that map or plat thereof as recorded in Plat Book 10, pages 34 and 3.5, of the Public Records of Collier County. Florida, being more particularly described as £ollows: COMMENCING at thc Northwest corner of said Lot 11, Block "C", Flamingo Estates; thence S. 00" 07' 30" W. along thc westerly boundary of said Lot 1 i, Block "C". Flamingo Estates, for a distance of 15.00 feet to an intersection with the Southerly boundary ora 15 foot wide drainage easement as shown on the map or plat thereof, thence leaving siad Westerly bour~lary, N. 89" 59'10" E. along said .Southerly boundary, for a distance of'9.35 feet to thc POINT OF BEGINNING of the herein described parcel of land; thence leaving said Southerly boundary, N. 0lY0T 30" E. 8.00 feet; thence N. 89° 59' 10" [:.. 32.70 feet: thence S. 00° 0T 30" W. 8.00 feet to the aforesaid Southerly boundary.; thence along .said Southerly boundary, S. 89' 59'10" W. 32.70 feet to the Point of Beginning of thc herein described parcel of land. Said parcel containing 261 square feet, mom or less. A sk~th of description is attached hereto ss Exhibit "A" and by. reference incorporated herein. Bearings are based on thc North line of LOt I I, Block "C", Flamingo Estates, as per map or plat thereof, recorded in Plat Book I0, pages 34 and 35, of the Public Records of Collier Count)', Florida, ss having a bearing value of N. 89° 59' !0" E. Not valid without the signature and original rated seal ora Florida lisccnsed Surveyor and Mapper. Wi ri ^ -Mactides Professional Surveyor and Mapper License No. 5621 Date: 3'HiS Dc_S, CRIPTIOe~ IS NOT VALE:) WITHOUT SHEET 2 OF 2 SHEET I OF 2 FILE NUMBER 97.104-2 961 22"0 StrlM S.E. Nlplel, FL 34117 Bill Macrides, P.S.M. 12C Office 941 3539300 F~x 941 353 9~30 POINT OF COMMENCEMENT SKETCH OF DESCRIPTION EXHIBIT "A" POINT OF BEGINNING LOT il, BI.O(~( 'C' FLAMINGO EETATE.S SCALE r TO I0~ SHEET 2 OF 2 FILE NUMBER 97]04- Collier Count)', Florida 'ii ~ REQUEST FOR LEGAl, ADVERTISING OF PIJBI.IC IIEARIN(; To: Clerk to the Board: Plea.~ place the following as a: [] Normal Legal Advcrlisement f-'] Other: (display adv., location, etc.) Originating Dept/D~iv: Clammul:qay Dcvciopmcnt/Bldg Rev & Permitting ~ Ill Date: (Sign Clearly) Petition No. (If none. give brie£de~:ri~tion): Contractor's Licensing Board Ordinance Petitioner:. (Name & Address): Collier CounD' Government, Building Review and Permitting Dept. 2800 Ncrmh }lomeshoe Drive. Naples. Florida 34104 Name & Address of any per.lam(s) tn be notified by Clerk's Office: (If more space L~ n~eded, attach separate sheet) llearing before: [] B C C [] BZA [] Other Requested hearing date: Oct. 28, Ir D7 Ba.~d on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (C¢~nplete only if [] important {~] legally required) {5~} Naple~ Daily News [] Other ~ Text: (Include legal de~:ription & common location & size): AN ORDINANCE AMENDING COLI.IER COUNTY ORDrNANCE NO. 90- J05~ ,AS AMENDED, 'DIE COLLIER COUNTY CONq"RACTORS' LJCENSIN(;.BOARD GRDINANCE; (see attached for complete text) Companion petition(s), if any, & pcopo~d hearing date: Do~ petition fee includ~ adverlising ¢~t? Yt~ l'-! No {~ If yes. what account ~ould be charged for advt~iling con 113-138930 Reviewed by: //,.. Approved by': List Attachments: (I) {2) (3) {.Il DISTRIBUTION INSTRUCTIONS A. [:or heatin~ before [t C C or BAA Initialing pers~ Io complete one copy and obtain [)~v~,mm Ilead approval before submitting to County Administrator. NOTE: If legal do¢ume.m i$ inv.o.!ved~ b¢ ~ure that any nece~cah-'v legal review or request for same submitted It} Count'/' Attorney' before submitting to County .Admjn_::qtrator. Thc Adm ~nistralor'~ ()fl]cc a ill distribute cop~cs [] Co. Administratoe'~ At, coda File: [] Requesting Dr, ision; [] Original tn Clerk'~ ()ft':cc B. Othel hearings: Initiating D~,~,,u'm Ilead m approve arm submit or.2ma[ to Clerk's Office. rctainlm2 a c~py for file FOR C[.[:RK'S r}FI-I('E t'qF ¢)NI,Y Date Received [)a[~ Advcm~d Date of I' }.1. September 29, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Intent to consider Contractor's Licensing Board Ordinance Dear Judi: Please advertise the above referenced notice one time on Sunday, October 12, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 113-138930-649100 (Building Review & Permitting) NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY~ OCTOBER 28, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: (SEE ATTACHED) Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COM~ISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) ~OT~CE OF ~ crito~C~ AiI~IIIZ)ING OOLLTJ:It ~ C~Z)~ ~10. 90-105, A3 ~, ~ ~ ~ LX~B~G ~ ~~; ~D "~ BIB SE~ION 1.4.3; ~D ~ ~I~S 1.4.7, 1.4.8 ~ 1.4.9 1.6.2.6.1 ~ ~E ~R ~I~I~ OF J~~ ~ ~I~ ~; ~ 8~I~S 1.6.2.7 ~ 1.6.2.8 ~ ~ ~~ ~T~ OF ~/SPA ~; ~D ~ ~I~ 1.6.2.8.1 - 8E~I~ 487.0437, F.S.; ~D ~ ~I~ 1.6.2.9.1 - 1.6.2.10 ~ ~E ~ ~I~I~ OF LI~ ~ ~ ~~Q ~E; ~ ~I~ 1.6.2.11.1 flE~I~ 1.6.3.16 - ~ ~~; ~ SE~I~ 1.6.3.25 ~ ~ ~~ ~TIES OF ~S~ C~; ~ ~I~ 1.6.3.27 B~ ~D~ ~LI~S DE~ fl~I~ 1.6.3.29 - ~BI~ H~ SET UP C~~; D~ SE~I~ 1.6.3.39 - SE~IC T~ C~~; D~ ~I~ ~.6.3.48 - ~ DRILLING C~~; D~ ~T P~H OF ~y ~E~D C~O~; ~ 8E~I~ 1.8 ~ ~C~~ ~P~D STA~ ~~I~ P~; ~D "~TIFI~ OF ~E~C~" ~ BE~I~ 2.3; ~ flECTI~S 2.2.10 2.3.12 B~ ~D~Q ~8 OF ~ ~I~"; SECTI~ 2.5.3 ~ ~ 8~8Ti~I~ OF ~~, 8~I~ 2.7 ~ DI~ ~IT ~R ~ SC~8 T~T 3.1.2 ~: ~~S ~ ~ ~, LI~SING A ~S~I~ ~"; ~ flE~I~ 4.1.6 TO ~I~ ~~ WOrSHIp"; ~D SE~I~ 4.1.24 ~ ~ ~ C~TIFI~ ~~ ~ ~D A ~ ~~I~ 4.2.1(a) ~ ~~ SZ~I~S 489.127 ~ 489.122 F.8. ~: ~SDI~I~ ~0~ ~O ~ N~ ~ ~I~ LI~SE, ~Z~ OR ~GIS~I~ ~ S~CI~ ~TIES; ~D ~ ~I~ 4.3.1. b ~: ~NOR ~O~TI~S; ~~ 4.3.4.~0 ~ ~ ~ D~L~ ~: ~T~ ~ ~ 15 DAT8 ~ 30 ~YB; ~D ~I~ 4.3.5.6 5.1.2 ~ ~ ~ D~L~ ~R ISSU~G DECISI~8 ~ ~~Gi ~ SE~I~S 1.6.4, 2.1.5, ~ 4.1.18 ~ ~-~ ~B ~/OR DBP~~ TI~S; September 29, 1997 Collier county Government Building Review and Permitting Department 2800 North Horseshoe Drive Naples, Florida 34104 Attn: Mr. Ed Perico, Director Re: Notice of Intent to consider Contractor's Licensing Board Ordinance Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997 as indicated on the enclosed notice. The legal notice pertaininG to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. ORDINARC~ NO. 97- ]2P-,2 AN ORDINANCE AMENDING COLLIER COGNTY ORDINANCE NO. 90-105, AS AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE; ADD "OR HIS DESIGN~EE'' TO SECTION 1.4.3; ADD NEW SECTIONS 1.4.7, 1.4.8 AND 1.4.9 RE: ALLOWING CERTIFICATES TO LAPSE; AMEND SECTION I. 6.2.6.1 TO PROVIDE FOR RECIPROCITY OF LICENSED JOURN~Y14AN IN I~ECHANICAL TRADE; AI4L~ND SECTIONS 1.6.2.7 AND I. 6.2.8 TO F2CPAND AUTHORIZED ACTIVITIES OF POOL/SPA CONTRACTORS; ADD NEW SECTION 1.6.2.8.1 - NON- RECRF, S%T I ONAL POND W~TERFALL FOUNTAIN CONTRACTORS; ~ SECTION BY ADDING "REPAIR" AND REFERENCE TO SECTION 487.0437, F.S.; ADD NEW SECTION 1.6.2.9.1 - SWIMMING POOL/SPA SERVICING CONTRACTORS; AMEND SECTION i. 6.2.10 TO PROVIDE FOR RECIPROCITY OF LICENSED JOURNEYMAN IN PLUMBING TRADE; ANI2TD SECTION 1.6.2.11.1 TO PROVIDE FOR RECIPROCITY OF LICENSED JOURNEYMAN IN ELECTRICAL TRADE; AI~END SECTION i. 6.3.6 TO EXPAND AUTHORIZED ACTMTIES OF CARPENTRY CONTRACTORS; DELETE SECTION 1.6.3.16 - ELEVATOR CONTRACTORS; AMEND SECTION 1.6.3.25 TO EXPAND AUTHORIZED ACTIVITIES OF LA/~DSCA~E CO~CTORS; AI~END SECTION i. 6.3.27 BY ADDING "LIFTS AND DAVITS" AND CLARIFY ELECTRICAL WORK RESTRICTIONS; DELETE SECTION 1.6.3.29 - MOBILE HOME SET UP CONTRACTORS; DELETE SECTION 1.6.3.39 SEPTIC TA/~K CONTRACTORS; DELETE SECTION 1.6.3.48 - WELL DRILLING CONTRACTORS; DELETE LAST PARAGP, APH OF NEWLY RENUPiBERED SECTION I. 6.3.48 - TREE REMOVAL ANqD TRI.t94ING CONTRACTORS; AMEND SECTION i .8 TO INCORPORATE APPROVED STATE ;tP P~3:NT I CE PP~; ADD "CERTIFICATE OF CC~T~CY" TO SECTION 2.3; J%~ SECTIONS 2.2.10 2.3.12 BY ADDING "CRIM~S OF MORAL TURPITUDE"; A}{EN-D SECTION 2.5.3 TO ALLOW SUBSTITUTION OF RELEVANT, RECENT WORK EXPERIENCE IN LIEU OF EXAMINATIONS; A~.fglqD SECTION 2.7 TO DISALLOW CREDIT FOR EXAIq SCORES THAT ARE MORE THA!; THREE YEARS OLD; AMEND SECTION 3.1. I AND 3.1.2 RE: APPOINTME};TS TO THE CONTRACTORS' LICENSING BOARD; ANiD{D SECTION 4.1.3 TO CLARIFf "ABANDONMENT OF A CONSTRUCTION CONTRACT"; AMEND SECTION 4 . 1.6 TO DELETE "SUBSTAtPTIALLY"; A/4I~ND SECTION 4.1.10 TO CLARIFY "FAULTY WORI~I~A~S[tIP"; ADD SECTION 4.1.24 TO APPLY TO COUNTY CERTIFIED CONTRACTORS ALL MISCONDUCT STANDARDS THAT APPLY TO STATE CERTIFIED CONTRACTORS; ADD A NEW SUBSECTION 4.3.1 (a) TO IMPLEI~ENT SECTIONS 489.127 AND 489.132 F.S. RE: JURISDICTION OVER VIOLATORS WHO DO NOT HAVE REQUIRED LICENSE, CERTIFICATE OR REGISTRATION AND SPECIFY PENALTIES; ADD NEW SECTION 4.3. I. b RE: MINOR VIOLATIONS; SECTION 4.3.4.3 re: ISSUANCE OF SUBPOENAS; AMEND SECTION 4.3.4.10 TO EXTEND THE DEADLINE RE: WRITTEN ORDERS FRO~ 15 DAYS TO 30 DAYS; ADD SECTION 4.3.5.6 RE: FINES AND OTHER MONETARY SANCTIONS; AMEND SECTION 5.1.2 TO EA'~'/~.ND THE DEADLINE FOR ISSUING WRITTEN DECISIONS ON REHEARING; ~ SECTIONS 1.6.4, 2.1.5, AND 4. I. 18 TO UP-DATE JOB Ab'D/OR DEPARTMENT TITLES; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDING FOR Words underlined deleted. are added; -i- words struck throuq~ are INCLUSION I1TTO THE CODE OF LA~S ~ ORD INA/~CES; PROVIDING A/{ ~--CTIVE DATE. WHEREAS, local regulation of certain type of contractors is in the best interests of the citizens of Collier County to protect the public health, safety and welfare; and WHEREAS, amendments have recently occurred to Florida Statutes pertaining to the regulation of contractors which require certain revisicns to this Ordinance; and WHERF_.AS, other provisions of this Ordinance are being amended solely at the discretion of the Board of County Commissioners to clarify issues or to solve or alleviate problems being experienced by affected tradesman in Collier County, which discretionary amendments have been recommended to the Board of County Staff. Nf;W, THEREFORE, BE IT ORDAINED BY THE BO;tRD OF COUNTY COMMISSIONEP~ OF COLLIER COtrN/~, FLORIDA that: SECTION 0~: OP/)IN~C~ NO. 90-105, AS A/4~7~DED, IS HEREBY ;~ENDED P;tRT ONE: CERTIFICATES OF COMF~%~A"NCY REQUIP~ED. 1.1. Unlawful to Contrect without a Certificate of Co~tency. It shall be unlawful for any person, firm, partner- ship, corporation or other legal entity to: engage in uny construction contracting business, advertise or represent himself/herself or a business organization as available to engage in any construction contracting business, or act in ~he capacity cf a contractor or subcontractor for any of the trades listed in Section 1.6 of this Ordinance, within the unincorpora[ed area of Collier County and the incorporated area within the boundaries of the City of Naples, without having first made application for and having been issued a current and valid Collier Corn%y/City of Naples Certificate of Competency or an applicable State Certified License. Nothing herein shall be construed to mean that there cannot be employees in a trade who are not qualified or certified within the definitions herein set forth if such employees are employed by a licensed contractor who exercises supervision and --2-- Words underlined are added; words struck through are deleted. ld~d control over said employees. Indicia of an employment relationship shal] include the employer's regular payment of wages and compensation, FICA deductions, tax withholding and provision of Workers' Compensation to the employees, all as prescribed by law. 1.2. Building Permits. 1.2.1. No building permit shall be issued for the construction, alteration, or repair of any structure unless the applicant for the permit possesses a current Collier County /City of Naples Certificate of Competency, an applicable State Certified License, or is exempt from the operation of this Ordinance. 1.2.2. It shall be unlawful for any owner-builder to procure a building permit and to use said permit with the intent to aid or abet an unlicensed contractor to perform the permitted construction, alteration, or repair. Such conduct shall be punishable as a violation of this Ordinance and the permit and inspection shall be considered invalid for that porticn of the construction related to the violation. 1.3. Exemptions. 1.3.1. Owner-Builders. Owners of property when acting as their cwn contractor and providing all material supervision themselves, when building or improving farm outbuildings or one-family or two-family residences on such property for the occupancy or use of such owners and not offered for sale or lease. In all actions brought under Section 1.1 of this Ordinance, proof of the sale or lease, or offering for sale or lease, of a structure by the owner-builder within 12 months after issuance of a Certificate of Occupancy is prima facie evidence that the construction was undertaken for purposes of sale or lease. This does not exempt any person who is employed by such owner and who acts in the capacity of a contractor. This exemption does not apply to any type of commercial builJing. To qualify for exemption under this Subsection, an owner must personally appear and sign building per~it application. An owner-builder will be issued a maximum of one (1) owner-builder permit for the construction cf a one-family or two-family home in any three (3) year period. An -3- Words underlined are added; words struck throuqh are deleted. owner-builder applying for or receiving more than one Building Permit for the construction of a one-family or two-family home in any three (2) year period shall be prima facie evidence of building/contracting without a license which is a rio!at[on of this ordinance. 1.3.2. Public Works. The prcvisions of this Ordinance shall not apply to: any construction, alteration, improvement, or repair carried on within the limits of any site the title to which is in the United States or with respect to which federal law supersedes this Ordinance; or to an authorized employee of the United States, this State, or any municipality, county, or other political subdivision if the employee does not hold himself out for hire or otherwise engage in contracting except in accordance with his employment. 1.3.3. Persons Hold.trig Current State Certified Certificates of Competency. Any person holding a current State of Florida Certified Certificate of Competency is exempt from obtaining a Collier County/City of Naples Certificate of Competency for that trade for which he/she is certified by the State, unless a local license is also required. Such person is required to possess a current occupational license issued by the Tax Collector of Collier County, and his/her performance as a contractor shall be subject to all other requirements of this Ordinance not in conflict with applicaole Florida law. 1.4. Renewal of Certificates of Competency. 1.4.1. Certificates of Competency shall expire annuall7 at midnight on September 30th of each year. 1.4.2. The Contractor Licensing Supervisor shall direct the mailing of renewal notices to all licensed contractors at least one month prior to the expiration date of the licenses. 1.4.3, Applicants for renewal must present the Contractor Licensing Supervisor or his/her designee with the following: A. Evidence of insurance as required ky this Ordinance. words underlined are added; deleted. -4- words struck th;;ough are Bo A current Collier County and/or City of ~laples occupational license, as applicable. 1.4.4. Any individual or business organization failing to renew his or its Certificate of Competency prior to midnight cn September 30th of each year shall have until midnight December 31st of the same year to renew his or its Certificate of Competency, provided however, that in addition to payment of the standard renewal fee as required by this Ordinance, the applicant shall be charged a late fee in accordance with the schedule of fees and charges adopted by resolution pursuant to Section 2.1.5 of this Ordinance. 1.4.5. Should September 30th or December 31st be a Saturday, Sunday, or legal holiday, the renewal period shall not expire until midnight of the next working day. 1.4.6. Any individual failing to renew his Certificate of Competency prior to December 31st shall be required to make reapplication pursuant to Part Two of this Ordinance. 1.4.7 Any individual who fails to renew his/her Certificate .of Competency prior to December 31 of the year in which it expires shall have a delinquent Certificate of Competency. 1.4.8 Any individual who renews his/her Certificate of Competency by Septe~tber 30 of the year following its expiration, but after December 31 of that year, shall have a susoended Certificate and thereby must pay an additional !ate fee in accordance with the schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 herein, and must reapply in full including updated credit reports and all other documentation required in Section 2 herein, but no re-testing shall be required. 1.4.9. Any individual who fails to renew his/her Certificate of Comoetency prior to gecember 31 of the year following its expiration shall thereby automatically have a Certificate of Competency that is null and void. To acquire a valid Certificate from the County the individual must Day the %tea aFolicable fu~l application fee in accordance with %he schedule of fees and charges adopted by Resoluticn pursuant tc Section 2.1.5 Words underlined are added; deleted. -5- words struck thr¢,u¢]h are hereinr and must submit an entire new application. If, as of the date of receipt by the County of said new application, three years have passed since the date of his/her most recent examination that the individual passed to acquire the former Certificate, that individual must pass all then applicable testing reuuirements. 1.5. Ccntractors' Identification Required on all Advertising Mediums. 1.5.1. All contractors licensed under the provisions of this Ordinance shall be required to firmly affix and/or to display the qualifier's Certificate of Competency Number and the "Doing Business As" Name on all advertising mediums used by the contractor, including but not limited to, contracts, brochures, business cards and vehicles used in their trade or business. The minimum height of each number or letter affixed to and displayed on vehicles shall be two (2) inches. 1.6. Definitions and Contractor Qualifications. 1.6.1. Contractor means the person who is qualified fcr and responsible for the entire project contracted for and, except for those herein exempted, the person who, for compensation, undertakes to, or submits a bid to, or does himself or by others, any or all of the following construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others, or for resale to others, as hereinafter defined in Sections 1.6.i through 1.6.3 of this Ordinance. 1.6.1.1. General Contractor requires forty-eight months experience with a passing grade on a six {6) hour' test and a two (2) hour business and law test and means a contractor whose services are unlimited as to the type of work which he/she may do, except as provided in this Ordinance. NOTE: Also see Sect. 1.6.2. 1.6.1.2. Building Contractor requires forty-eight months experience with a passing grade on a six (6) hour test and a two (2) hour business and law test and means a consractor whose services are limited to construction of commercial buildings and Words underlined are deleted. -6- added; words struck throuqn are lPC2 single-dwelling or multiple-dwelling residential buildings, which commercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect t-he structural members of the building. NOTE: Also see Sect. 1.6.2. 1.6.1.3. Residential Contractor requires forty-eight (48) months experience with a passing grade on a six (6) hour test and a two (2) hour business and law test and means a contractor whose services are limited to construction, remodeling, 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. NOTE: Also see Sect. 1.6.2. 1.6.1,4. Contractor qualifications for practice and restrictions. A general, building, or residential contractor s~ali not be required to subcontract the installation, or [epair made under warranty, of wood shingles, wood shakes, asphalt or fiberglass shingle roofing materials on a new building of his own construction. Further, a general contractor on new site development work, site redevelopment work, mobile home parks, and commercial properties, shall not be required to subcontract the construction of the main sanitary sewer collection system, the storm water collection system, and the water distribution system, not including the continuation of utility lines from the mains 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 are to be considered a part of the main sewer collection and main water distribution systems. However, no general, building or residential contractor state certified after 1973, shall act as, hold himself/herself out to be, or advertise himself/herself to be a roofing contractor unless he/she is certified or registered as a roofing contractor. Words underlined are added; deleted. -7- words struck throuqh are 1 2C2 1.6.1.5. A general, building, or residential contractor, except as otherwise provided in this part, shall be responsible for any construction or alteration of a structural component of a building or structure, and any certified general contractor or certified underground utility and excavation contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in the state. Any certified building contractor or certified residential contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on which any specific building is located. 1.6.1.6. A general contractor shall not be required to subcontract structural swim,ming pool work. 1.6.2. Subcontr&cting; Subcontractors. A contractor shall subcontract the electrical, mechanical, plumbing, roofing, sheet metal, swi~ing pool, and air conditioning work for which a local examination for a Certificate of Competency or a license is required, unless such contractor holds a Certif].cate of Competency or license of the respective trade category, as required by the appropriate local authority. 1.6.2.1. Sheet Metal Contractor requires twenty-four (24) months experience and a passing grade on a three (3) hour test and a passing grade on a two {2) hour business and law test and means any person whose services are unlimited in the sheet metal trade and who has the experience, knowledge, and skill necessary for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, insulation, alteration, repair, servicing, or design, when not prohibited by law, of ferrous or nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other materials, including, but not limited to, fiberglass, used in lieu thereof and of air-handling systems including the setting of air-handling equipment and reinforcement of same and including the balancing of air-handling systems. This definition and qualifications does not include roofing. -8- Words underlined are added; words deleted. struck through are 12C2 '' 1.6.2.2. Rooffing Cont:actor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, al%er, extend, or design, when not prokiblted by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing and roof waterproofing and coating, except when coating is not represented to protect, ~epair, waterproof, stop leaks, or extend %he life of the roof. 1.6.2.3. Mechanical Contractor requires forty-eight (48 months experience as a licensed Journeyman or equivalent, 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 services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith; and to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, and natural gas fuel lines within buildings; to disconnect or reconnect power 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 Words underlined are added; deleted. -9- words struck through are 12C2 ' approved disposal other than a direct connection to a sanitary system. 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 gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. 1.6.2.4. Class A Air Conditioning Contractor requires thirty-six (36) months 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 services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system, boiler and unfired pressure vessel systems and all appurtenances, apparatus, or equipment used in connection therewith; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; 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 system. 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 di~conr, ect switch. Words underlined deleted. -10- are added; words struck through are 1.6.2.5. Class B Air Conditioning Contractor requires thirty-six f36) months 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 services are limited to twenty-five (25) tons of cooling and five hundred thousand (500,000) BTU of heati:~g in any one system in the execution of contracts requiring the e×perlence, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in conmection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system being installed under this classification; 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 system. 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. 1.6.2.6. Class C Air Conditioning Contractor requires twenty-four (24) months 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 systems he/she is servicing. -il- Words underlined are added; words deleted. struck through are 1.6.2.6.1. Journeyman Air Conditioning License Holder requires four (4) years as apprentice, a passing qrade on a six hour test, and means those qualified to perform work in the Air Conditioning Trade while employed or supervised by an air conditioning or mechanical contractor. This provision ~oes not apply to any individual who then holds a valid, active journelman's license in the mechanical trade and that license was issued by an~ Florida County or Florida Municipality when that licensee comp!led with all reciprocity criteria of Section 489.1455, F.$. 1.6.2.7. Commercial Pool/Spa Contractor requires thirty-six (36) 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 any person whose scope of work involves, but is not limited to, the construction, repair, water treatment, and servicing of any swimming pool or hot tub or spa, whether public, private, or otherwise, regardless of use. The scope of such work includes layout, excavation, operation of construction pumps for dewatering purposes, steelwork, installation of light niches, construction of floors, guniting, fiberglassing, installation of tile and coping, installation of river rock~ Spray Crete,, Keystone~ and other substantially similar types of deck coating~ in conjunction with the construction of the deck, application of Marcite~ or other similar types of coatings to the interior of the pool~ spa or other water structure~ installation of all perimeter and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, construction of equipment rooms or housing for pool equipment, installation and/or construction of waterfalls and fountains, and installation of package pool heaters. However, the scope of such work does not include direct connections to a sanitary sewer system, potable water lines or to any electrical installation. 1.6.2.8. Residential Pool/Spa 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 business and Words underlined are deleted. -12- added; words struck through are 1202 ' law test and means any person whose scope of work involves, but is not limited to, the construction, repair, water treatment, and servicing of any residential swimming pool or hot tub or spa, regardless of use. The scope of such work includes layout, excavation, operation of construction pumps for dewatering purposes, steelwork, installation of light niches, construction cf floors, guniting, fiberglassing, installation of tile and coping, installation of ~iI pcrimctcr and filtcr pipi.~r river rock, Spray Crete~ Keystone~, and other substantially similar types of deck coatings in conjunction with the construction of the deck, application of Marcite~ or other similar types of coatings to the interior of the oool, spa or other water structure, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, installation of housing for pool equipment, installation and/or construction of waterfalls and fountainst and installation of package pool heaters. However, the scope of such work does not include direct connections to a sanitary sewer system, potable water lines or to any electrical installations. 1.6.2.8.1. Non-Recreational Pond Waterfall Fountain Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means any person whose scope of work is limited to the construction cf non- recreational pondsI waterfalls and/or fountains. However, the scope of such work does not include direct connections to a sanitary sewer systeml potable water lines, or to any electrical installation. Contractors who hold a current Collier County Restricted License or other similar prior authorization by the County for this classification on the effective date of this amendment are not required to pass this test, but must apply for this Certificate pursuant to Section not later than December 3i, 1997. The Contractors' Licensing Board may grant hardship waivers to this testing requirement for each such qualified contractor who failed to file his/her application on or before December 31, 1997. Words underlined are added; deleted. -13- words struck through are 12C2 .... _ontra_.tor 1.6.2.9· Swimming Pool/Spa Servicing/Rep_~r ~ requires 24 months experience with a passing grade ct, a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person whose scope of work involvcs servicing, repair, maintenancer or wa~er treatment of any public cr private swi~ing poolr hot tub or spa, and, subject to Section 487.0437, F.S.~ may include direct infusion of chlorine gas. The scope of such work may include any necessary piping and repairs, replacement and repair of existing equipment, or installation of new additional equipment as necessary. Th~ scope of such work includes the reinstallation of tile and coping, repair and replacement of all piping, filter equipment, and chemical feeders of any type, replastering, reconstruction of decks, and reinstallation or addition of pool heaters. 1.6o2.9.1. Swimming Eool/Spa Servicing Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means any person whose scope of work includes servicing or water treatment of any public or private swimming pool~ hot tub..or spa, and, subject to Section 487.0437~ F.S.~ may include direct infusion of chlorine gas. 1.6.2.10. Journe~an Pl~er License Holder requires (4) years as apprentice, a passing grade o~ a six (6) hour test, and means those qualified to perform work in the pluming trades while employed or supervised by a pluming contractor. This provision does not apply to any individual who then holds a valid, active ~ourne'~an's license in the pluming trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.1455, 1.6.2.11. Pluming Contractor requires twenty-four months experience as a licensed Journe~an or equivalent with a passing grade on a six (6) hour test and a passing grade on a two -14- Words underlined are added; words struck throug~ are deleted. (2) hour business and law test and means any person whose contracting business consists of the execution of contracts requiring the experience, financial means, know]edge, and skill to install, maintain, repair, alter, extend, or when not prohibited by law, design plumbing. A plumbing contractor may install, maintain, repair, alter, extend, or, when not prohibited by law, design the following without obtaining any additional local regulatory license, certificate, or registration: sanitary drainage or storm drainage facilities; venting systems; public or private water supply systems; septic tanks; drainage and supply wells; swi~ing pool piping; irrigation systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas (excluding liquid petroleum gases), and storm and sanitary sewer lines; and water and sewer plants and substations. The scope of work of the plumbing contractor also includes the design, when 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 systems; fire line standpipes and fire sprinklers to the extent authorized by applicable law; ink and chemical lines; fuel oil and gasoline piping, except bulk storage plants; and pneumatic control piping systems, ail in such a manner as to comply with all plans, specifications, codes, laws, and regulations applicable. The scope of work of the plumbing contractor shall apply to private property and public property, shall include any excavation work incidental thereto, and shall include the work of the specialty plumbing contractor. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work but which is specified herein as being the work of a trade other than %hat cf a plumbing contractor. 1.6.2.11.1 Journeyman Electrician requires four (4) years as an apprentice, a passing grade on a six (6) hour test, and means those persons qualified to perform work in the electrical -15- Words underlined are added; words struck through are deleted. trades ~hile employed or supervised by an electrical coatractor. ?h~s ~rovision does not a~l~ to an~ individual who ~hen h~]ds a valid, active ~ourne~n~an's license in the elec[rical trade and thaL license was issued by any Florida County or Florida Mun~c.ipali~ when that licensee complied with all reciprocity criteria of Section 489.5335L F.S. 1.6.2.12. Electrical Contractor requires twenty-fou~ (24) months experience as a licensed Journesar. an 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 a person who conducts business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or implied contract; or that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of electrical contracting; or that does itself or by or through others engage in the business of electrical contracting. The term electrical contractor does not qualify any person, firm or corporation for the installation of fire alarms which requires a separate state license. 1.6.3. Specialty Contractor means any person who assumes responsible charge and direction in the performance of construction work requiring special skills, and whose principle contracting business involves the use of specialized building trades and crafts usually a minor part of a complete structure. Available categories of Specialty Contractors and their requirements are: -16- Words underlined are added; words s~ruck through are deleted. 1.6.3.1. Acoustical Contractor requires twenty-four (24) months experience with a passing grade on a two (2} hour business and law test and means any person who is qualified to install, maintain, repair, and alter acoustical materials. The scope of work permitted under this classification shall include, tut not be limited to, the installation of grid work used to support 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 such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms and portable metal or vinyl partitions. 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) 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, in3tall, maintain, repair, alter, or extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms, and portable metal or vinyl partitions. 1.6.3.4. Alarm System 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 business and law test and means a person whose business includes the execution of contracts requiring the ability, experience, science, knowledge, and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation. Words underlined are added; deleted. -17- words struck throu~ are (a) Alarm System Contractor ! means an alarm contractor whose business includes all types of alarm systems for all purposes. (b) Alarm System Contractor ii means an alarm system contractor whose business includes all types of alarm systems other than fire, for all purposes. {c) Alarm System means any electrical device or combination of electrical devices used to detect a ~ituation which causes an alarm in the event of a burglary, fire, robbery,_medical emergency, or equipment failure. (d) Burglar Alarm Contractor means an alarm system contractor whose business is limited to the installation of burglar alarms in single-family homes and two-family homes, mobile homes, and small commercial buildings having a square footage of not more than 5,000 square feet. 1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) months experience with passing grade on a two hour business and law test and means any per,on who is qualified to manufacture, assemble, install, dismantle, maintain, adjust, alter, extend, and design cabinets and millwork. The scope of permitted work shall include, but not be limited to kitchen cabinets, bathroom vanities, accessory cabinets, counter tops, office furniture, and millwork items which have been manufactured for installation on Job site locations. 1.6.3.6. Carpentry Contractor requires thirty-six (36) 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 have the knowledge and skill to install any wood and metal products ~ including, but not limited to, rough framing, wood structurai~ wood and metal non-structurai trusses, sheathing, paneling, trim, metal framin~.q~_, and cabine~rM. 1.6.3.7. Garage doors Installation Contractor requires twelve (12) months experience with a passing grade on a two (2) hour business and law test and means any person who is qualified to install, repair, adjust or extend garage doors. Words underlined are added; words struck deleted. throuq~ are 1.6.3.$. Commercial Cooking Equipment Exhaust Hood Installation Contractor means any person who possesses a valid license as an Air Conditioning Contractor, Class A or B; a Sheet Metal Contractor; or a Mechanical Contractor; and who is qualified to install exhaust hoods, duct work, replacement air, exhaust fans, and grease filters. If any hood which is to be installed includes a fire suppression system, the contractor shall be certified by the Florida State Fire Marshal's office. 1.6.3.9. Concrete Forming and Placing Contractor requires thirty-six (36) 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 batch and mix aggregates, cement, and water to agreed specifications, to construct forms and framework for the casting and shaping of concrete to place miscellaneous embedded steel and to pour, place, and finish concrete. This category does not include the plastering of the interior of a pool. 1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six (36) 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 pour place and finish concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesh reinforcement, plastic vapor barriers and edge forms incidental thereto. This category does not include the plastering of the interior of a pool. 1.6.3.11. Concrete Contractor (restricted to pneumatically placed concrete) requires twenty-four (24) months experience with a passing grade on a three (3) hour test and a passing grade cna two (2) hour business and law test and means those who are qualified to use and maintain pressure equipment, mi:< material and apply according to building codes. 1.6.3.12. Decorative Metal Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means those who are qualified to fabricate and install decorative metal fixtures; such work Words underlined are added; deleted. -19- words struck throuoh are should be decorative in nature and non-structural in function; the materials used in the manufacturing and installation of said products may be of ferrous or mon-ferrous materials. 1.6.3.13. Demolition or Wreckinq Contractor requires thirty-six (36) 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 demolish structures such as dwellings, commercial buildings, and foundations and to remove debris. The use of blasting and explosives is not permitted under this category. 1.6.3.14. Dredging Contractor requires thirty-six (36) 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 any person who is qualified to operate hydraulic dredging equipment which digs and removes material by pump and which deposits the pumped material at a fill location in one operation. 1.6.3.15. Drywall Contractor requires thirty-six (36) 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 install gypsum drywall products to 'wood and metal studs, wood and steel Joists, and metal runners in buildings of unlimited area and height. The scope of work shall include the preparation of the surface over which the drywall product is to be applied, including the placing of metal studs and runners and all necessary drywall preparation trim. 1.6.3.16. RESERVED. --F~¥atcr Contractcr-~quiree mcnt.,s cxpcricncc and a passing gr~dc on a t~eee .f-erty cight {~) ~ ~3) ~ .... teat ~ a passing ~ .... cna la~ tcst and moans t..ssc par:ohs who arc qualificd to c×tcnd-r install ~ ...... maintain ~. rcpa:r ~.,; ...................... cscalatcr, prcvidcd ~ "~ pcrscn .... ~ ........... ~ompc%cncy "~ ~ t~c ~.~..~-~ ~ "~-~ --~ R~<aurazts '-~ the ~ ........ ~ ~ ~"-incss ~g"~'~-- ~ .~ Stats of Florida Any ....... . ................ ~ ...... bc~form~d only- by a Words underlined are deleted. -20- added; words struck thrguuh are 1.6.3.~7. Epoxy Stone Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means those who are qualified to batch and mix aggregates, epoxy, hardener, and gravel to specifica~ionsa or to construct forms and framework for the casting and shaping cf epoxy and aggregate, or to pour, place and finish over concrete base. 1.6.3.18. Excavation Contractor requires thirty-six (36) months experience and a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person who is qualified to excavate to obtain or remove materials such as rock, gravel and sand; to construct or excavate canals, lakes and levees, including the cleaning of land of surface debris and vegetation as well as the grubbing of roots; and to remove debris and level surface land incidental and necessary thereto in compliance with all environmental laws, the Building Code, and other applicable codes and regulations, l~inor excavations, such as footings, backfill without compaction, and similar activities are exempt hereunder. NOTE: The use of explosives is not included in this category. 1.6.3.~9. Fence Erection Contractor requires twenty-four (24) months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain or repair fencing or decorative prefabricated walls on grade. 1.6.3.20. Floor Coverings Installation Contractor requires twenty-four (24) months experience and a passing grade on a two (2) hour business and law test and means any perscn who is qualified to install carpet, sheet vinyl and wood parquet. This category does not include, tile, marble, or terrazzo. 1.6.3.21. Gasoline Tank ~nd Pump Contractor requires forty-eight (48) months experience and 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 tc install, maintain, repaJ, r. alter, or extend any above ground system used fcr the -21- Words underlined are added; words struck through are deleted. storing and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures (not to include pollutant storage). 1.6.3.22. Glass and Glazing Contractor requires twenty-four (24) months experience, 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 select, cut, assemble, and install all makes and kinds of glass and glass work, and execute the glazing frames, panels, sash and door and holding metal frames, ornamental decorations, mirrors, tub, shower enclosures, and portable partitions. 1.6.3.23. Insulation Contractor. a. All types except buildings - requires thirty-six (36) months experience, 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 install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat, f[om internal or external sources cn pipes, vessels, ducts, fire stopping materials, or built-up refrigerated boxes or rooms, and acoustical materials. b. Buildings - requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a two (2) hour business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat from rooms or buildings. 1.6.3.24. Irrigation Sprinkler Contractor requires twenty-four (24) months experience and a passing grade on a three {3) hour test and a passing grade on a two ~2) hour business and !aw test and means any person who is qualified to install, maintain, repair, alter or extend all piping and sprinkler heads used for irrigation, including any required connections to a water pump; however, such work does not include direct connection to potable water lines. Words underlined are deleted. -22- added; words struck thrcuq_h are 1.6.3.25. Landscaping Contractor requires twelve ~12) months experience and a passing grade on a two (2) hour busine~]s and law test and means any per,on who is qualified to instal] and/or remove trees, shrubs, sod, decorative stone and/~__)~ rocks, timber and plant materials, whether or not incidental to landscaping, prepackaged fountains, or ,waterfalls ~evid~d same does not include connection to a sanitary sewer system, [~ortable water line, or to any electrical installation, which tasks must be performed by tradesmen licensed in the relevant trade. Landscaoe Contractors may contract for only removal and/or trimming of trees and/or any other combination of the authorized services. 1.6.3.26. Liquefied Petroleum Gas Installation Contractor means any person qualified and licensed pursuant to Chapter 527, Florida Statutes, to install apparatus, piping and tubing, and appliances and equipment necessary for storing and converting liquefied petroleum gas into flame for light, heat, and power. 1.6.3.27. Marine, Seawall, and Dock Construction Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two hour business and law test, and means those who are qualified to build and install bulkheads, revetments, docks, piers, wharves, groins, boathouses~ lifts and davits~' and to do pile driving. Electrical service and wiring must be provided by a licensed electrical contractor. 1.6.3.28. Masonry Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test an~ means those who are qualified to select, cut, and lay brick and concrete block or any other unit masonry products, lay other baked clay products, rough cut and dress stone, artificial stone and precast blocks, glass brick or block, but who shall not pour cr finish concrete. 1.6.3.29. RESERVED. ~cbilc Hsmc Sct-~*p {~ui~e~--~y f~r (2~) months c~pcri~cc, a p~ssing Words underlined are added; deleted. -23- words struck through are ~"STE: ............ ' ....... u5 .... , .... -i-.-~3 Et~-'r~c~, ~r%ificatc of Ccm~tcnc~ ........ r:qu~ ..... any ~ any cmplsycc ......... - .... parfc~.~ cc~up cpcrati~s ac dcfi~ ~.~zi~. Ctatutcs, ac [.6.3.30. Painting Contractor requires twenty-four months experience, 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 use spraying equipment as well as hand tools to finish both exterior and interior work. A painting contractor may do paperhanging, sandblasting, waterproofing, and may clean and paint roofs. 1.6.3.3[. Paving Contractor (co~ercial or unlimited) requires thirty-six (36) months experience, 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 with the experience and skill to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, storm drainage facilities, and to perform the excavating, clearing, and grading incidental thereto. 1.6.3.32. Plastering and Stucco Contractor requires thirty-six (36) months experience, 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 coat surfaces with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any co~ination of such materials such as to create a pe~anent surface coaling, including lathing and drywall. This category does not include the plastering of the interior of a pool. [.6.3.33. Pollutant Storage Contractor means a contractor who installs a pollutant storage tank. Said contractor -24- Words underlined are added; words struck throug_~ are deleted. 2C2 must have a State Pollutant Storage License. A County Certificate of Competency is not available for this category. 1.6.3.34. Reinforced Steel Contractor requires thirty-six (36) months experience, a passing grade cna three (3] hour test and a passing grade on a two {2) hour business end law test, and means those who are qualified to fabricate, place, and tie steel reinforcing bars (rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce concrete buildings and structures in such a manner that, under all agreed specifications, steel reinforcing bars {rods) for concrete buildings and structures can be fabricated, placed, and tied. 1.6.3.35. Roof Coating, Roof Painting, and Roof Cleaning Contractor requires twenty-four (24) months experience, a passing grade~ on a two (2) hour business and law test, and means any person who is qualified to clean, paint or coat a roof by means of pressure-operated equipment, hand application or otherwise. This category doem not include roof repair. 1.6.3.36. Sandblasting Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified to operate a sandblasting machine. 1.6.3.37. Satellite Dish Installation Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test and means any person who is qualified to erect, install, maintain, repair, alter or design, where not prohibited by law, any satellite dish provided all work is performed in accordance with applicable Collier County or City of Naples Ordinances. If installation includes a concrete base, the base shall be limited in size to two cubic yards of concrete. 1.6.3.38. Sealing and Striping Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means those who are qualified with the experience and skill to seal or stripe driveways, parking lots, sidewalks, and patios. Words underlined deleted. are added; -25- words struck thrcug~ are ~; .... , .... usc matcria~* 1.6.3.40. Non-Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified to erect, install, repair, alter, extend or change any non- electrical sign, provided all work is performed in accordlnce with applicable Collier County and City of Naples ordinances. This category does not include the construction of free-standing structural signs. 1.6.3.41. Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a three hour test and a passing grade on a two (2] hour business and law test, and means any person who is qualified to install, repair, alter, manufacture, add to, or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and is qualified to erect signs. Such contractor may contract for, and take out building permits for the erection of signs. The electrical service and wiring from the electrical service to the sign disconnect must be supplied by a licensed electrical contractor. 1.6.3.42. Solar Heater Installation Contractor requires twenty-four (24) months experience, 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 have the knowledge to install, alter, repair, or replace any solar hot water heating system for Werds underlined are deleted. -26- added; words struck through are residences or for residential swi~ing pools, including collectors, storage and expansion tanks, heat exchangers, piping, valves, pumps, sensors and low voltage controls which connect tc existing plumbing stub-outs and electrical discennects. 1.6.3.43. Structural Steel Erection Contractor requires thirty-six (36) months experience, a passing grade on a three (7) hour test and a passing grade on a two {2) hour business and law test, 8nd means those who are qualified to erect structural steel shapes and plates, including such minor field fabrication as may be necessary, of any profile, perimeter or cross-section, that are or may be used as structural members for buildings and structures, and the erection of com~munication towers, including riveting, welding and rigging, only in connection therewith. 1.6.3.44. Structure Moving Contractor means persons who are required to be general, building or residential contractors, and who are qualified to lift and secure structures and transport said structures from one site to another, whether or not such transport is across public roads, including the p~oper placement of structures at a new location. 1.6.3.45. Tile and Marble Installation Contractor requires twenty-four (24) months experience, 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 persons who are qualified to set tile and marble. 1.6.3.46. Tile, Marble and Terrazzo Installation Contractor requires twenty-four (24) months experience, 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 persons who are qualified to mix, prepare, and finish terrazzo, prepare the base, and set tile and marble. 1.6.3.47. Underground Utility and Excavation Contractor requires forty-eight (48) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means contractors whose services are limited to the construction, installation, repair, on public or private Words umderlined deleted. -27- are added; words struck through are 12C2 property, of ~ain sanitary sewer collection systems, main water distribution systems, and storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or single-occupancy commercial properties, or on multi-occupancy properties at manhole or "wye" lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. An underground utility contractor shall not install any piping that is an integral part of a fire protection system, as defined in Section 633.021{7), Florida Statutes, beginning at the point where the piping is used exclusively for such system. (2~) months c;:ocricncc, a passing grade cna thrac (3) hour too~ ~nd a p~ing grade on a t'~s {2) hour businsss and ia'.: test, moans those parscn~ '~ho arc qualified to di~, drill, drive or bore a ~atcr ~cll, ....... ~ ~Y ~ ma}' install, -'~-''~- '-~ rc-a.r pumps in ccnnacticn '~ ..... 1.6.3.489. Tree Removal and Trimming Contractor requires twelve (12) months experience with a passing grade on a two hour business and law test and means those who are qualified to trim and remove trees and stumps. ~- n .... ~ ~ .... ~^- provides ~-" this particular ............ - co~tractors "~" ~ a current ~- ~"^ date ..... p-~--~ ~ ..... in troc services as of ~., -~ --~ ...... ~ nst ~'~ required ~ .... ~ ~he testing {-cquircmcnts to --^~ all ....... a cation ~-~ licensing requirements ordinance. Said e~cmptisn ...... testing ..... --~ ...... ~ .... g~ September 30, ~nn~ The e-ffcctivc dais cf ~=' ~ ................... ' .... -28- ~lords underlined are added; words struck th£ough are deleted. 1.6.4. Contractor Licensing Supervisor means the individual who oversees contractor licensing and its investigations 1.6.4. Contractor Licensing Supervisor means the individual who oversees contractor licensing and its investigations or presents complaints regarding licensed contractors in Collier County, Florida. This individual holds office in ~he C~ancc ~rv~,~ ~cc,icn Building Review and Permitting Department of ~vclcpmcnt Ear';icc~ Department cf thr Co~unity Developr~ent and Environmental Services Division of Collier County Government. 1.6.5. ~ployee means any person who works for and is under the supervision and control of a licensee, provided that said employee does not hold himself out for hire or engage in contracting except as an employee. For the purposes of this Ordinance, indicia of an emplo~ent relationship shall include the employer's regular pa~ent of wages and compensation, deductions, tax withholding and provision of Workers' Compensation to the employee by the employer, all as prescribed by law. 1.~.~. Person means a human being or a legal business organization. 1.6.7. "Contracting" means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. However, the term "contracting" shall not extend to an individual, partnership, corporation, trust, or other legal entity that offers %o sell or sells completed residences on property on which the individual or business entity has any legal or equitable interest, if ~he services of a qualified contractor certified or registered pursuan5 Words underlined deleted. -29- are added; words struck through are tO the requirements of this chapter have been or will be retained for the purpose of constructing such residences. 1.6.8. "Business organization" means any partnership, corporation, business trust, joint venture, or other legal entity which engages or offers to engage in the business of contracting or acts as a contractor as defined in this section. 1.6.9. "Financially responsible officer" means a person other than the primary qualifying agent who with the approval of the board assumes personal responsibiiity for all financial ~spects of the business organization. 1.6.10. "Primary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the contracting activities of the business organization with which he is connected; who has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained the building permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. 1.6.1~. "Secondary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. 1.7. Stop-Work Orclars. If it should become know;] to the Contractor Licensing Supervisor that a construction project and/or contracting in Collier County or the City of Naples is being undertaken by uncertified or nonexempt persons, the Contractor Licensing Supervisor, or his/her designee, shall place a stop-work order on the relevant portion of said project until such time as a certified contractor assumes supervision of the construction project. Any Words underlined are added; deleted. -30- words struck through are uncertified and nonexe~pt person resuming construction prior to the removal of the stop-work order by the Contractor Licensing Supervisor shall be in violation of this Ordinance. 1.8. Experience Requireme~ts. As a prerequisite to, and as a requirement for, the issuance of a Collier County/City of Nsples Certificate of Competency, an applicant shall submit satisfactory evidenc~ of experience in the trade for which he/she desires certiflcatlcn. a. Contractors' experience shall be in that particular trade, with at least one (1) year of said experience being as a supervisor. b. Masters' experience shall be as journeymen. c. Journeymen's en~.erience shall be as apprentices or trainees, having completed an apprenticeship program registered with the Department of Labor and Employment Security and demonstrates 4 years verifiable practical experience in particular trades, or demonstrates 6 years verifiable practical experience in those particular trades, except as may be authori-o ~ ~y . Thc apprentice programs approved; as cf thc cffcctivc date this Ordinance by the Bureau of Apprenticeship, Division of Labor, Employment and Training of the Department of Labor and Employment Security~ which for Sponsors '~Ithin Co~licr County are hereby incorporated by reference as the required apprentice experience. 1.8.1. 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. Affidavits from former employers with specifics as to the number of years of experience, work performed and any other relevant information; b. Copies of other certificates of competency, if any, held by the applicant in other counties or cities; c. Affidavits from any building director in locations where the applicant has worked; Words underlined are deleted. -31- added; words struck through are d. Affidavits from any union organization of which the applfcant has been a meraber relating to the trade for which ~he applicant has made application; e. Affidavits from any other source within the trade applied for. 1.8.2. Education at an accredited school may be presented to satisfy a portion of the experience requirements of this Section. Specifically, each full year of school-level work in the trade for which application is made shall be credited to the applicant as .75 years experience, but such credit shall be for no more than one-half of the total experience required by this Ordinance. PART TWO: CERTIFICATES OF C(~41~E~CY - PROCEDURE. 2.1. Applications - General. 2.1.1. Any person or business organization desiring to obtain a Certificate of Competency shall make application under oath for such Certificate and shall submit such information as is required by this Ordinance. 2.1.2. Should the applicant be a business organization, the application shall be executed by a legally authorized and empowered representative of business organization who shall show his authority to so act on the application. In addition, the application shall name a qualifying agent authorized to act on behalf of the firm in all subsequent proceedings, showing his authority: a. To act for the firm in all matters and in any manner connected with the contracting business; and b. To supervise the construction under the Certificate of Competency issued to the applicant. 2.1.3. A qualifying agent may qualify no more than one firm, practicing the same trade, without prior approval of the Contractors' Licensing Board, and in no event more than two firms at the same time. 2.1.4. No application shall be considered unless the applicant supplies all information as required by this Ordinance. Words ~nderline~ are added; deleted. -32- words struck throu_g_~ are ~,~,5, ?he ~oa~d o~ County Commis~ioner~ shall establish and adopt, by Resolution, a schedule of fees and char.ges lox applications for Certificates of Competency, renewals, late fees and other charges, if applicable, pertaining to this Ordinance. It is the intent of these regulations that the County shall not be required to bear any part of the cost of applications made under this Ordinance. The schedule of fees and charges shall be posted in the office of the Ccmpli~ncc Scrviccs Section cf thu Dcvclcpmsnt ..... : ............. .......... ~ .......... Buildinq Review and Permitting Department of the Community Development and Environmental Services Division of Collier County Government and the City of Naples Building and Zoning Division, and the resolution establishing such fees shall be on file with the City of Naples Clerk and the Clerk to the Board. The schedule of fees and charges may be changed in accordance with standard resolution adoption and amendment procedures of the Board of County Commissioners and repeal or amendment of the schedule shall not be subject to the procedure otherwise necessary for amendment of this Ordinance. Current fees and charges are set forth in Resolution No. 87-108 and shall remain in effect until said Resolution is amended or superseded. 2.2. Contr&ctor A~plication - Individual. Any person desiring a Certificate of Competency shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisor: 2.2.1. Name of applicant, date of birth, Social Security number and driver's license number; 2.2.2. Home address and telephone number; 2.2.3. Business address and telephone number. A contractor is required to maintain an office in Collier Coun[y or have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. 2.2.4. Name of applicant's business; 2.2.5. Applicant's proposed contracting business; 2.2.6. If applicable, verification that applicant has properly registered under the fictitious name statutes; Words underlined are added; deleted. -33- words struck throuq~ are 2.2.7. Type of Certificate of CompetenCy for'which application is being made; 2.2.8. A complete list of all outstanding debts related to the applicant's contracting business which the applicant has no% paid or refuses to pay and a statement of %he reasons for nonpayment; 2.2.9. Names and telephone numbers of two persons who will always know the applicant's whereabouts; 2.2.10. A statement a~ to whether the applicant has ever been convicted of a crime related to contracting and any crime of moral turpitude; 2.2.11. Applicant's business or work experience during the past ten years; 2.2.12. Any formal training in the area of competency for which application is made; 2.2.13. In addition to the aforementioned information, the applicant shall attach or submit the following information: a. A credit report compiled by a nationally recognized credit agency that reflects the financial responsibility of the applicant; b. Affidavits as to the applicant's honesty, integrity, good business reputation and competence in the [rede category for which application for a Collier County/City of Naples Certificate of Competency has been made. Said affidavits shall be in substantially the form issued by the Collier County Contractor Licensing Supervisor or his/her designee; c. Scores on the examination applicable to the license applied for, including the area of competency tested, the date of testing and the place of testing. Said examination shall have been administered by a testing agency recognized and approved throughout the State of Florida as provided for in Section 2.6 of this Ordinance. 2.3. Contractor Applications - Business Organizations. If the applicant proposes to engage in contracting as a partnership, corporation, business trust, or other legal entity, Words underlined are added; deleted. -34- words struck throug_~ are the applicant shall apply through a qualifying agent and comply with all requirements and responsibilities contained in Sections 489.119 and 489.1195, Florida Statutes. Any business organization desiring a Certificate of Competency in Collier County shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisor. 2.3.1. Business organization name; 2.3.2. Business address and telephone number. A business organization must have an office in Cellier County cr have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. 2.3.3. Qualifying agent; 2.3.4. Proposed contracting business; 2.3.5. Type of Certificate of Competency for which application is made; 2.3.6. Names and addresses of all partners, directors and officers; 2.3.7. Where applicable, a copy of a certificate of incorporation or proof of recorded fictitious name; 2.3.B. A list of all contracting businesses owned by the business organization during the last five years; 2.3.9. A credit report from a nationally recognized credit agency if the business organization has been in existence for more than one (1) year. If the business organization has been in existence for less than one (1) year, a credit report on every business organization in which the Applicant/Qualifier was an agent is required. If neither of the above is applicable a personal credit report on the applicant/qualifier is required. 2.3.10. A complete list of all outstanding debts related to the business organization's contracting business which the business organization has not paid or refuses to pay and a statement of the reasons for nonpayment; 2.3.11. The signature of an authorized officer of the business organization; -35- Words underlined are added; words struck deleted. throuqh are 2.3.12. Qualifier information: a. b. do The name of the qualifying agent and date of birth; The name of the business organization to be qualified; Type of Certificate of Competency for which application is made; The home address of the qualifying agent; The names and telephone numbers of two persons who will always know the qualifying agent's whereabouts; f. Scores on any approved examination; including the area of competency tested, the date of testing and the place of testing; g. Affidavits as to the qualifier's honesty, integrity, good business reputation and competence in the trade category for which application for a Collier County/City of Naples Certificate of Competency has been made; h. A statement whether the qualifying agent has ever been convicted of a crime related to contracting and any crime of moral turpitude; i. A complete list of all outstanding debts related to the qualifying agent's contracting business which the qualifying agent has not paid or refuses to pay and a statement of the reasons for nonpayment; j. A statement of the qualifying agent's business and work experience during the previous five years; k. A statement of any formal training possessed by the qualifying agent in the trade category for which application is made for a competency card; 1. Proof that the qualifying agent is legally qualified to act for the business organization in all matters connected with its contracting business and that said qualifying agent has the authority to supervise construction undertaken by such business organization. Proof that a qualifying agent is -36- Words underlined are added; words struck through are deleted. leg&lly qu~li[£ed to act for the business organization includes, but is not limited to, authority to sign checks for the business organization, training and supervision of employees, hiring and firing of employees or other actions indicating active involvement in the business organization. 2.4. Master or Journeyman Applications. a. The name of the applicant and date of birth; b. Home address and telephone number; c. Business address and telephone number; d. Type of Certificate of Competency for which application is being made; e. The names and telephone numbers of two persons who will always know the applicant's whereabouts; f. Scores on any approved examination, including the area of competency tested, the date of testing and the place of testing. Prior to taking the tests required by this Ordinance, an applicant must provide verification that he or she has complied with the experience requirements. g. A statement of the applicant's business or work experience during the past ten years; h. A statement of any formal training in the trade categories for which application is made for a competency card. 2.5. Standards for the Issu&nce or Denial of a Certificate of Competency. 2.5.1. Contractors. The Contractor Licensing Supervisor or his/her designee, shall issue a Certificate of Competency to the applicant if it appears, on the face of the application, as submitted by the applicant, tha~: a. The application is complete in accordance with the requirements of this Ordinance; -37- Words underlined are added; words struck thro~:g_~ are deleted. b. The applicant possesses the experience required by Sections 1.6 and 1.8 of this Ordinance; c. The credit ~eport submitted indicates no facts and circumstances which show a failure to pay contracting relsted bills promptly; d. The applicant or qualifier meets the requirements for financial responsibility set forth in Rules 61G4-15.005 and 61G4-15.006, Florida Administrative Code, as they may be amended from time to time; e. The applicant meets one of the following criteria: 1) The applicant has taken and passed an examination approved and recognized throughout the State of Florida, as provided for in Section 2.6 of this Ordinance, for the area of competency for which application has been made, or 2) The applicant meets all licensing requirements provided for by this Ordinance. f. All required affidavits have been submitted; g. All required fees have been paid; h. The applicant possesses a current Collier County occupational license; and i. The applicant or the qualifying agent is at least 18 years of age. 2.5.2. ~teferral of A~lication to Contractors' Licensing Board for Decision. If it does not appear on the face of the application that the applicant has complied with the requirements of this Ordinance so as to be eligible for a Certificate of Competency, then the Contractor Licensing Supervisor shall refer the application to the Contractors' Licensing Board for a decision regarding approval or denial cf the application. Words underlined are added; deleted. -38- words struck throu9~ are 2.5.3. When an application is referred to the Contractors' Licensing Board, the Board shall take testimony from the applicant and shall consider other relevant evidence regarding whether the application meets the requirements of this Ordinance. Upon the evidence presented by the applicant and the Contractcr Licensing Supervisor, the Contractors' Licensing Board shall determine whether the applicant is qualified or unqualified for the trade in which application has been made. Findings of fact and conclusions of law regarding the approval or denial of the application shall be made by the Contractors' Licensing Board. The Board may consider the applicant's relevant recent experience in the specific trade and based upon such experience may waive %esEinq requirements if convinced that the applicant is qualified by experience whereby such competency testing would be superfluous. 2.5,3.1. If the Contractors' Licensing Board determines that an applicant is qualified for a particular type of Certificate of Competency, a competency card shall be issued by the Contractor Licensing Supervisor or his/her designee. 2.5.4. Additional Requirements. In addition to the foregoing requirements, each applicant shall submit the following information as a prerequisite to the issuance of a Collier County competency card: 2.5.4.1. The applicant's state registration number or a statement that the applicant has made application for a state registration number (anyone not required to have a state registration number by Chapter 489, Florida Statutes, is exempted from this Subsection); 2.5.4.2. The applicants' individual or business organization's United States Internal Revenue Tax number; 2.5.4.3. 2.8 of this Ordinance; 2.5.4.4. Proof of insurance as required by Section A statement that the applicant has or will comply with all Workers' Compensation laws of the State of Florida prior to contracting in the City of Naples and in Collier County; Words underlined deleted. are -39- added; words struck through are 2.5.4.5. Where applicable, a statement that the applicant has registered his fictitious name with the Florida Department of State, Fictitious Name Filing Section, as requi~ed by Section 865.09, Florida Statutes; 2.5.4.6. When a Certificate of Competency is issued in the name of a business organization, the certificate shall be in the name of the business organization and the name of the qualifying agent shall be noted thereon. The requirements of this Section shall be deemed to be a portion of the application and any false statement made by an applicant as to information required by this Section shall be grounds for discipline as provided for in 2.6. Approved Exam{hers. The approved examiners for the purpose of administering proctored exams as required by this Ordinance are Block and Associates, 5700 S.W. 34 St. ! 1303, Gainesville, Florida 32608 and any other testing agency with comparable testing standards recognized and approved throughout the State of Florida and also approved by the Collier County Contractors' Licensing Board. 2.7. Examinations. A minimum passing grade of 75% shall be required on all examinations. Examinations shall be specific to the trade category for which application for a Certificate of Competency has been made. Said examinations shall be proctored and graded by a testing agency meeting all the requirements of Section 2.6 of this Ordinance. When a Certificate of Competency becomes void pursuant to Section 1.4.9 herein, all previous examination scores shall b~ disregarded except when the most recent relevant examination was taken and passed within three (3) .years of the date of receipt of the new application, pursuant to Chapter 489, Florida 5~atu~es. 2.8. Insurance. All licensed contractors shall maintain liability and other categories of insurance, as required by florida law, at all times. Such insurance shall be with an insurance company authorized to do business in the State of Florida. The minimum limits of liability insurance required shall be not less than Words underlined are added; deleted. -40- words struck through are $100,000 for bodily injury and $25,000 for property damage or an7 higher minimums as reguired by Florida law. All licensed contractors shall maintain applicable Workers' Compensation insurance as required by Florida law. 2.9. Inactive Status. 2.9.1. Any person or firm that holds a valid Collier County/City of Naples Certificate of Competency may place %he 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 payment 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 Commissioners. 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. Restricted Certificates of Competency. The Contractors' Licensing Board may issue a Certificate of Competency to an applicant for a certificate in a particular trade which is restricted to certain aspects of that trade where the applicant has satisfactorily demonstrated to the majority 9f said Board that the applicant is qualified under this Ordinance in those certain aspects of that trade. 2.11. Emergency Restrioted Certificates of Competency. In the event of a declaration of a state of emergency in Collier County by the Collier County Board of County Commissioners or in the City of Naples by the Naples City Council, in which substantial damage has occurred to buildings and structures so as to cause a shortage of available persons and firms/entities in the contracting trades for which there are Collier County/City of Naples Certificates of Competency, the Contractors' Licensing Board is hereby authorized to: 2.11.1. Declare an emergency contracting trade shortage of designated categories of contractors and/or sub-contractors -41- Words underlined are added; words struck through are deleted. listed in this Ordinance. This declaration shall be for a period of time not to exceed six (6) months. 2.11.2. Authorize the Contractor Licensing Supervisor to prepare and regulate the selection of con%factors and/or sub-contractors from other jurisdictions whose licensing requirements are substantially comparable to those licensed in Collier County. The contractors selected must be licensed in jurisdictions whose testing and licensing requirements have been predetermined by the Contractors' Licensing Board to be substantially comparable to the Collier County requirements. 2.12. The County will provide active field supervision within the City of Naples of licensed and unlicensed activity through its investigation and citation authority. 2.12.1. The County shall be responsible for issuing licenses in accordance with this Ordinance to authorize contractors to work within the geographic boundaries of County and the City of Naples. The County shall collect the fees for those contractors licensed to work within the County and City of ~laples. 2.13. Ail contractors who operate in Collier County shall maintain complete financial and business records for the in%mediately preceding 3 years at their licensed place of business. The business and financial records to be maintained shall include minutes of corporate meetings, business contacts, telephone records, insurance policies, letters of complaint, notices received from government entities, bank statements, canceled checks, records of accounts receivable and payable, financial statements, loan documents, tax returns, employee records anO all other business and financial records the contractor maintains in the course of business. The contractor shall allow the Contracting Licensing Supervisor, or his_designee, access to all documents referenced in this section upon demand and during normal business hours. Copies of any documents requested by the Contractor Licensing Supervisor, or his designee shall be provided by the Contractor upon payment Words underlined are deleted. -42- added; words struck throug~ are of reasonable reproduction costs, which shall not exceed the Contractor's actual reproduction costs, by the Contractor Licensing Supervisor or his designee. PART THREE: TH~ CONTRACTORS* LICENSING BOARD. 3.1. Composition. 3 1.1. · = .... =-- ~---~ --- ~-~=-- ~ .... 6.. Florida~ The Contractors' Licensing Board i__s chall b= composed of nine (9) members who shall be appointed by the Board of County Commissioners. A minimum of two (2) of these members shall reside within the corporate city limits of Naples or shall be recommended to the Board of County Commissioners by the Naples City Council. The Board of County Commissioners may also appoint alternate members as it deems appropriate. The nine (9) members of the Contractors' Licensing Board shall consist of a licensed architect, a licensed general contractor, a licensed engineer, a licensed electrical contractor, a licensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a licensed residential or building contractor and a licensed representative from one of the other specialty trades or professions requiring a Certificate of Competency as provided in this Ordinance. This Section is merely directory and failure to have a member of each of these trades shall not be grounds for voiding any action of the Board. All members of the Contractors' Licensing Board shall be permanent residents and electors of Collier County and shall serve without compensation. Members may be reimbursed for such travel, mileage and per diem expenses as may be authorized, in advance, by the Collier County Board of County Comr£ssioners. 3.1.2. Ail initial appointments of a member shall be for a term of three (3) years except may otherwise be authorized in Ordinance No. 86-41, as amended from time to time. The members of -43- Words underlined are added; words struck through are deleted. .......... mcmbcr ~-e~ci n"^~ for ~ ~p~clntcd a ........... appcintmcntD, a~ appclntmcnt~ -~-~ ~^ -~ for a tcrm ^~ ~..rec (~ ycars A member may be reappointed by the Collier County Board of County Co~u~issioners in accordance with Collier County Ordinance No. 86-41, as it may be amended from time to time. 3.1.3. A me~er of the Contractors' Licensing Board may De removed from office for any cause by a majority vote of the Collier County Board of County Co~issioners. If any member fails to attend two of three successive board meetings without a satisfactory excuse and without prior approval of the chairperso~ of the Contractors' Licensing Board, the Contractors' Licensing Board shall request that the Collier County Board of County Co~issioners declare the meter's office vacant and promptly fill the vacancy. 3.1.4. Any vacancy occurring during the unexpired term of office of any me~er of the Contractors' Licensing Board shall be filled by the Board of County Co~issioners. An appointment to fill a vacancy shall be for the remainder of the unexpired term of office. 3.2. Internal (~rating 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. The Contractors' Licensing Board shall hold a~: least four meetings per year. -44- Words underlined are added; words struck throuqh deleted. are 3.2.2.2. Upon the request of the Contractor Licenslng Supervisor, or his designee, or at such other times as may be necessary, the chairperson of the Contractors' Licensing Board (and, in his absence, the vice chairperson or, in the vice chairperson's absence, the temporary chairperson elected by majority vote of the members of the Contractors' Licensing Board) may call hearings of the Contractors' Licensing Board. Hearings may also be called by written notice signed by at least three (3) members of the Contractors' Licensing Board. At any hearing, the Contractors' Licensing Board may set a future hearing date. Minutes shall be kept of all meetings and hearings and all meetings and proceedings shall be open to the public. 3.2.2°3. Five merabers shall constitute a quorum for any meeting, and a majority vote of those present shall be required to make any decision. 3.2.2.4. The Collier County Board of County Commissioners shall provide such clerical and administrative personnel and legal services as may be reasonably required by the Contractors' Licensing Board for the proper performance of its duties. 3.2.2.5. The County Attorney, or his designee, shall either be counsel for the Contractors' Licensing Board or shall represent the County by presenting cases before the Contractors' Licensing Board, but in no case shall the County Attorney or his designee serve in both capacities for the same case or at the same time. 3.3. Duties and Powers of the Contractors' Licensing Board. 3.3.1. Upon reference by the Contractor Licensing Supervisor or petition by an applicant, the Board shall have the power to determine the qualifications of applicants fcr the various categories of contractors' Certificates of Competency as measured by standards stated in this Ordinance. 3.3.2. The Board shall have the power to hold hearings to determine if a contractor or a journeyman possessing a Collier County/City of Naples Certificate of Competency, or a State -45- Words underlined are added; words struck through deleted. are certified contractor doing business in Collier County, should be disciplined pursuant to Part Four of this Ordinance. It shall be the duty of the Contractor Licensing Supervisor to initiate disciplinary proceedings. No member of the Contractors' Licensing Bcard shall have the power to initiate disciplinary proceedings in his/her capacity as a member of the Contractors' Licensing Board. 3.3.3. The Contractors' Licensing Board shall have the power to adopt such policies, rules and regulations as it deems necessary to carry out the duties of the Board in accordance with the provisions and intent of this Ordinance. Said policies, rules and regulations, when and if reduced to writing, shall be filed with the Clerk to the Board of the Collier County Board of County Commissioners. 3.3.4. The Contractors' Licensing Board shall further have the power to: a. Hold hearings; b. Take testimony under oath; c. Adopt rules and regulations for the conduct of its hearings; d. Discipline contractors or journeymen holding Collier County/City of Naples Certificates of Competency or State certified contractors doing business in Collier County or the City of Naples pursuant to Part Four of this Ordinance; e. Issue decisions, findings of fact, conclusions of law, impose disciplinary sanctions, and issue orders to carry out the provisions of this Ordinance. 3.3.5. The Contractors' Licensing Board shall also have all other powers granted to said Board by Florida law. 3.3.6. The Contractors' Licensing Board shall have the power to make recommendations to the Board of County Commission regarding amendments to this Ordinance and shall review amendments to the Ordinance proposed by County staff. · A.RT FOUR: STARDA/~DS OF CONDUCT ~ DISCIPLi~FE. -46- Words underlined are added; words struck thro~c~ are deleted. 4.1. Misconduct - Collier County/City of Naple~ Certific&te of Co=q~etency The following actions by a holder of a Collier County/City of Naples Certificate of Competency shall constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance: 4.1.1. Knowingly cor~bining or conspiring with an unlicensed contractor by allowing one's Certificate of Competency to be used by an unlicensed contrac=or with intent to evade the provisions of this Ordinance. When a licensed contractor acts as the qualifying agent for any firm without first making application under this Ordinance to represent said firm, such act shall constitute prima facie evidence of intent to evade the provisions of this Ordinance. When a certificate holder allows his certificate to be used by one or more companies without having any active participation in the operations, management, and control of such companies, such act constitutes prima facie evidence of an intent to evade the provisions of this Ordinance. Active participation requires job site supervision, knowledge of and participation in the business operations of the company(s), including all contractual matters. 4.1.1.1. If any individual qualifying any business organization ceases to be affiliated with such business organization, he shall so inform the Board. In addition if such individual is the only certified individual affiliated with the business organization, the business organization shall notify the Board of the individual's termination and shall have no more than sixty (60) days from the date of termination of the individual's affiliation with the business organizatiou in which to affiliate with another person certified under the provisions of this article. In any event, the business organization shall not enter into any new contracts and may not engage in any new contracting until such time as a qualifying agent is employed. 4.1.2. Contracting to do any work outside of the scope of his/her competency as listed on his/her competency card and as Words underlined are deleted. added; -47- words struck through are defined in this Ordinance or as restricted by the Contractors' Licensing Board. 4.1.3. Abandoning a construction project in which he/she is engaged or under contract as a contractor. A project may be presumed abandoned ~-- ' ~ , ~ ...... e .... nlncty (~0) ~.~j ........... a if the contractor~ "-~ ..... ~ ~ eenstructio~ c3ntr~ot~ terminates the project without just cause, or fails to notify the owner in writing of termination of the contract and bamis for same~ or fails to perform work for ninety (90) consecutive days without ~ust cause and no said notice to owner. 4.1.4. Diverting funds or property received for the execution of a specific contract project or operation or dive=ting funds earmarked for a specified purpose to any other use whatsoever. ~.1.5. Departing from or disregarding in any material respect the plans or specifications of a construction ~ob without the consent of the owner or his duly authorized representative. 4 1.6. e.~ .... ~.~y ~_ . ................. rcgardlng Disregards or violate__s ~, in the performance of his contracting business in Collier County, any of the building, safety, health, insurance or Workers' Compensation laws of the State of Florida or ordinances of this County. 4.1.7. Falsifying or misrepresenting any material fact in his application and supporting papers for the purpose of obtaining a Certificate of Competency under this Ordinance. 4.1.8. Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct includes, but is not limited to, any of the following: 4.1.8.1. The contractor fails to fulfill his/her contractual obligations to a customer because of inability, refusal or neglect to pay all creditors for material furnished or work or services performed in the operation of the business for which he/she is licensed, under any of the following circumstances: Words underlined are deleted. added; -48- words struck through are a. Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 30 days after the date of such llens; b. The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned; c. The contractor's Job has been completed, and it is shown that the customer has had to pay more for the contracted Job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. 4.1.9. Performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting, if the licensed contractor knows or should have known that the person or entity was unlicensed. 4.1.10. Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commencedr not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the -49- Words underlined are added; words struck through are deleted. including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue~ faulty workmanship exists if the work, processt product or part thereof does not meet generally, accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto. 4.1.11. Failure to maintain at all times, with an insurance company authorized to do business in the State of Florida, the limits of liability and other categories c£ insurance as required by this Ordinance. 4.1.12. Failing to claim or refusing to accept certified mail directed to the contractor by the Contractors' Licensing Board, or its designee. 4.1.13. Failing to maintain a current mailing address. 4.1.14. Failing to appear in person or through a duly authorized representative at any scheduled hearing on a complaint filed against the contractor. 4.1.15. Being convicted or found guilty, regardless of adjudication, of a crime in Collier County which directly relates to the practice of contracting or the ability to practice contracting. 4.1.16. Allowing another to take a qualifying examination cn the applicant's behalf. 4.1.17. Engaging in contracting business in Collier County or the City of Naples when prohibited from doing so by the Contractors' Lic-nsing Board of Collier County. 4.1.18. Proceeding on any job without obtaining applicable permits or inspections from the City of Naples Building and Zoning Division/Collier County Building Review and Permitting Department. -50- Words underlined are added; words struck through are deleted. 4.1.19. Failing in any material respect to comply with the provisions of this Ordinance as a contractor or as a qualifying agent for a business entity engaging in contracting. 4.1.20. Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for subcontracted work, labor, or materials which results in a financial loss to the owner, purchaser, or contractor; or falsely indicating that Workers' Ccmpensation and public liability insurance are provided. 4.1.21. Failure of a qualifying agent for a fir~/legal business entity to comply with the requirements set forth in Sections 489.119 and 489.1195, Florida Statutes. 4.1.22. Falsifying or misrepresenting any material fact to another person with the intent or for the purpose of engaging in the contracting business, providing materials or services, or soliciting business for an employer, as a contractor, or as an employee, regardless of any financial consideration. 4.1.23. Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage. 4.1.24. Misconduct in the practice of contracting (See section 4.2, below). 4.2. M~sconduct - State Certified Contractors The following actions by State Certified Contractors shall constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance. 4.2.1. Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage. 4.2.2. Willfully violating the applicable building codes or laws of the state, City of Naples or Collier County. 4.2.3. If the Board finds thrcugh the public hearing process that the contractor was found guilty in another county or municipality within the past twelve (12) months, of fraud or a willful building code violation and finds that such fraud or -51- Words underlined are added; words struck throuqh are deleted. violation is fraud or a violation if committed in_Collier County or the City of Naples. 4.2.4. Fraud. 4.3. Disciplinary Proceedingsz including Minor Violations. 4.3.1. There are three (3) categories of violations: (i) Violations of subsection 489.127(1), F.S.; Violations of subsection 489.132(1)~ F.S.; and (iii) other violations within the urisdiction of the Contractor's Licensing Board. a. Subsection 489.127(1), F.S., is incorporated herein. (Lack of required license~ certificate, or registration). The foilowinc are designated to enforce subsection 487.1'27{1), F.S.: Collier County Building Official, all License Compliance Officers, the Chief Building inspector, Chief Electrical Inspector, Chief Plumbing/Mechanical Mechanical, and/or other inspectors authorized from time-to-time by the Building Official. Procedures specified in this Ordinance shall apply except to the extent, if any, that Section 489.127 or Section 489.132~ may require different procedure(s). The penalties for each uncontested violation of subsection 489.127(1) and/or 489.132(1), F.S., are three hundred ($300) dollars for the first uncontested violation and five hundred dollars ($500.00) for each subsequent uncontested violation by tho same individual or entity. Penalties for contested violations of subsection 489.127(1)~ F.S.~ are as now or hereafter specified in Section 489.127, F.S. Penalties for contested violations of subsection 489.132(1), F.S., are as now or hereafter specified in Section 489.132, F.S. The Citation form attached hereto as Exhibit "A" is approved, which form may be amended from time-to-time by Resolution of the Board of County Commissioners. b. Minor Violations: The Contractor Licensing Supervisor or designee shall issue a "Notice of Noncompliance" as the County's first response to a minor violation of any provision of any regulatory law, including this Ordinance, when (i] it i:'~ reasonable for Staff to assume that the violator, at the time of violation~ was not aware of the provision that was violated or ir can be assumed that it was not clear to the violator how to comply -52- Words underlined are added; words struck throug_~ are deleted. ......... ~ ,~v~c~ psuvsslon; and (ii) that violation has not then resulted in economic harm or physical harm to any person; and (iii) the violation has neither adversely affected the public health, safetyt or welfaret nor created any significant threat of any such adverse affect. The Notice of Noncompliance should identify the specific provision that was violated, should provide information on how to comply with that provision and should specify a reasonable time for full compliance. The Notice of Noncompliance shall not be accompanied with any immediate threat of any monetary fine or any other disciplinary penalty, but may specify that failure of the violator to correct the violation within the time specified in the Notice for Compliance may result in disciplinary proceedings. Each violation that is not a "minor" violation is a "major" violation. c. Major Violations. The Contractor Licensing Supervisor, or his designee, may initiate disciplinary proceedings against a licensed contractor for major violations of this Ordinance by filing a sworn complaint with the Clerk to the Collier County Board of County Commissioners. 4.3.2. Any person who believes that a contractor holding a Certificate of Competency has violated this Ordinance may submit a sworn complaint to the Contractor Licensing Supervisor, or his/her designee. The complaint shall be in substantially the form prescribed by the Contractor Licensing Supervisor. The complainant shall pay a fee of $50.00, to defray the costs of administering the complaint, at the time of filing the complaint. The complaining party shall state with particularity which section{s) of this Ordinance he or she believes has been violated by the contractor and the essential facts in support thereof. 4.3.3. Upon the submission of a sworn complaint, the Contractor Licensing Supervisor, or his/her designee, shall conduct a preliminary investigation and determine whether the complaint submitted warrants the filing of formal charges. If charges are warranted, the Contractor Licensing Supervisor, or his/her designee, shall file the complaint with the Clerk to the Collier County Board of County Commissioners and shall send, by certified -53- Words underlined are added; words struck throug~ are deleted. mail, return receipt requested, a letter to the licensed contractor at his local address, or if applicable the local agent's address, as shown by the records of the Contractors' Licensing Board, enclosing a copy of the complaint and indicating: a. The name of the complainant; h. The date(s) of the commission of the alleged offense(s); c. The section(s) of this Ordinance alleged to have been violated; d. The range of disciplinary sanctions which may be imposed upon any contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the event said Board finds a violation of this Ordinance to have occurred; e. The date, time and place at which the contractor shall appear before the Contractor's Licensing Board for a hearing regarding the complaint. The date scheduled shall not be sooner than twenty (20) days from the mailing date of the certified letter. 4.3.3.1. The notice of hearing required by this Section may, in the alternative, be accomplished by hand delivery of said notice to the contractor by the Contractor Licensing Supervisor, or his/her designee, or by leaving said notice at the contractor's business or usual place of residence with some person of his/her family over 15 years of age and informing such person of the contents of the notice. 4.3.3.2. As an alternative to providing notice as set forth above, at the option of the Contractor Licensing Supervisor, notice may be furnished to the contractor by publication as follows: a. Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficiency) in a newspaper of -54- Words underlined are added; words struck throuqh are deleted. general circulation in Collier County. The 02-" newspaper shall meet such requirements as are ' prescribed under Chapter 50, Florida Statutes, for legal and official advertisements; b. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. Notice by publication may run concurrently with, or may follow an attempt or attempts ts provide notice by hand delivery or by mail as required by this Section. 4.3.3.3. Although not required to prove that notice was provided, evidence that an attempt has been made to hand deliver or mail notice as provided in this Section, together with proof of publication as provided in Subsection 4.3.3.2, shall be sufficient to show that the notice of hearing requirements of this Section have been met, without regard to whether or not the alleged violator actually received such notice. 4.3.4. Conduct of hearing. 4.3.4.1. A hearing shall be held concerning the complaint and it shall be open to the public. 4.3.4.2. The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. Any party may have a court reporter present at the hearing at his\her own expense. Neither Collier County nor the Contractors' Licensing Board shall be responsible for any failure of recording equipment during the conduct of the hearing. 4.3.4.3. Each case before the Contractors' Licensing Board shall be presented by the County Attorney, an Assistant County Attorney, or by a member of the County staff. Regarding matters under the jurisdiction of the Contractor's Licensing Board, the Building Official is authorized to issue ~ubpoenas to the greatest extent then allowed by law, includinq Section 162.08, F.S. Words underlined are deleted. -55- added; words struck throug_~ are 4.3.4.4. Assuming proper notice of the hearing has been provided to the contractor as provided in Section 4.3.3 of this Ordinance, a hearing may proceed in the absence of the contractor. 4.3.4.5. The Contractors' Licensing Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Contractors' Licensing Board shall hear testimony from the Contractor Licensing Supervisor, or his/her designee, from the contractor alleged to be in violation of this Ordinance, and from such other witnesses as may be called by the respective parties. 4.3.4.6. Formal rules of evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient, by itself, to support a finding unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. 4.3.4.7. Any member of the Contractors' Licensing Board may question any witness before the Board. Each party to the proceedings shall have the right to call and examine witnesses; %o introduce exhibits; to cross-examine witnesses; to impeach any witness regardless of which party called the witness to testify and to rebut any evidence presented against the party. 4.3.4.S. The chairperson or, in his/her absence, the vice chairperson, shall have all powers necessary to conduct the proceedings at the hearing in a full, fair and impartial manner and to preserve order and decorum. Words underlined deleted. -56- are added; words struck through are 4.3.4.9. At the conclusion of the hearing, the Contractors' Licensing Board shall issue findings of fact based on evidence of record and conclusions of law; impose disciplinary sanctions, if warranted; and shall issue whatever order is necessary and proper to dispose of the complaint in accordance with this Ordinance and Florida law. Said findings cf fact, conclusions of law, disciplinary sanctions, if any, and any related order shall constitute the decision of the Contractors' Licensing Board on the case heard before the Board. 4.3.4.10. The decision of the Contractors' Licensing Board shall be stated orally at the hearing and shall be reduced to writing and mailed to the parties within ~-~ 30 days after the hearing. The findings of fact and conclusions of law, disciplinary sanctions, if any, and any related order shall be made by motion approved by a majority of the members of the Contractors' Licensing Board who are present and voting. The decision of the Board shall be effective upon being stated orally at the hearing, unless the Board orders otherwise. The decision of the Board shall be filed with the Clerk to the Collier County Board of County Commissioners promptly after said decision is reduced to writing. 4.3.4.11. Should the Contractors' Licensing Board be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Board may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto by members of the Contractors' Licensing Board shall take place only at a public meeting of the Board. The Board shall thereafter issue its decision pursuant to Subsections 4.3.4.9 and 4.3.4.10 of this Ordinance. 4.3.5. Disciplinary Sanctions. 4.3.5.1. Holders of Collier County/City of Naples Certificates of Competency. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a contractor, within the meaning of Section 4.1 of this Ordinance, -57- Words underlined are added; words struck through are deleted. said Board may, but shall not be required to, impose any of the following enumerated sanctions, alone or in combination: a. Revocation of a Collier County/City of ~laples Certificate of Competency; b. Suspension of a Collier County/City of Naples Certificate of Competency; c. Denial of the issuance or renewal of a Ccllier County/City of Naples Certificate of Competency; d. A period of probation of reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of the Contractors' Licensing Board; and/or participation in a duly accredited program of continuing education directly related to the contractor's contracting activities. Any period of probation or continuing education program ordered by the Contractors' Licensing Board may be revoked for cause by said Board at a hearing noticed to consider said purpose. The contents of said notice shall be substantially as provided for in Section 4.3.3 of this Ordinance. Service of said notice shall be as provided in Sections 4.3.3 and 4.3.3.1 of this Ordinance. Evidence that either of these methods of service have been utilized shall be sufficient to show 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; f. A fine not to exceed $5,000; g. A publ:.c reprimand; h. Re-exa'nination requirement; i. Denia'~ of the issuance of Collier County cr City of Nap'.es building permits or requiring the issuance of permits with specific conditions~. -58- Words underlined are added; words struck through are deleted. o£ prosecution of the violation. 4.3.5.2. Holders of State of Florida Certificates If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a State certified contractor, within the meaning of Section 4.2 of this Ordinance, said Board may deny the issuance of Collier County /City of Naples building permits or require the issuance of permits with specific conditions. b. Notification of and information concerning such permit denial shall be submitted to the Florida Department of Business and Professional Regulation within 15 days after the Contractors' Licensing Board decides to deny the permit. 4~3.5.3. When imposing any disciplinary sanction on a contractor or a person holding a Certificate of Competency or a state certified contractor who has been found to have violated this Ordinance, the Contractors' Licensing Board shall consider all the evidence presented at the hearing as well as: a. The gravity of the violation; b. The impact of the violation on the public health, welfare or safety; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator; e. Any other evidence presented at the hearing by the parties relevant as to the sanction which is appropriate for the case given the nature of the violation and the violator. 4.3.5.~. Any disciplinary sanctions imposed by the Contractors' Licensing Board shall be effective upon being stated orally at the hearing unless the Board orders otherwise, all in acccrdance with Section 4.3.4.10 of this Ordinance. Words underlined are deleted. -59- added; words struck th rouclh are 1 C2 organization's local license, and any fine the Contractors' Licensing Board may impose, the Contractors' Licensing Board shall issue a recommended penalty for the State Construction Industry Licensing Board or if the action involves an electrical contractor or an alarm contractor, the State Electrical Contractors' Licensing Board action. This recommended penalty may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the Construction Industry Licensing Board or Electrical Contractors' Licensing Board, or a combination thereof. The Contractors' Licensing Board body shall inform the disciplined contractor and the complainant of the local license penalty imposed, the penalty recommended, his rights to appeal, and the consequences should ne decide not to appeal. The Contractors' Licensing Board shall, upon having reached adjudication immediately inform the Constr~ction Industry Licensing Board or Electrical Contractors' Licensing Board of its_action and the recommended board penalty. 4,3.5,6 Fines and all o~her monetary penalties may · w' ' ~ , e ma ~e~ues: from the Board of County Commissioners authority to take ~pprooriate leaal action to collect the oenaltML PART FIVE: RE-HF..%RIN~ AND APPEALS OF DECISIONS OF THE CONTRACTORS' LICENSIN~ BOARD. 5.1. Rehearing. 5.1.1. The contractor found to be in violation of this Ordinance ~,ay request a rehearing of any decision of the Contractors' Licensing Board. A request for rehearing shall be made in writing and shall be filed with the Clerk to the Collier County Board of County Commissioners, and served on any other parties, within twenty (20) days from the date of mailing of the Board's written decision under Section 4.3.4.9 and 4.3.4.10 of this Ordinance. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the words ~ are added; words struck through are deleted. Board's written decision under Section 4.3.4.9 and 4.3.4.10 of this Ordinance. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the decision of the Contractors' licensing Board. The written request for rehearing shall specify the precise reasons 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. 5.1.2. 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 meeting, reduced to writing and mailed to the interested parties within ~-9 21 days after the decision is made. If the Contractors' Licensing Board determines it will grant a rehearing, it may: a. Schedule a hearing where the parties 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. Modify or reverse its prior decision, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Contractors' Licensing Board resulted from a ruling on a question of law which the Board has been informed by its counsel was an erroneous ruling. 5.2. Appeals. 5.2.1. The contractor found to be in violation of this Ordinance may appeal a decision of the Contractors' Licensing Board to the Collier County Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Contractors' Licensing Board. Any appeal shall be filed with the Circuit Court and served on the parties -61- Words underlined are added; words struck through deleted. are within thirty (30) days of the mailing of the decision of the Board under Sections 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 wi~h the Circuit Court and served on the parties within thirty (30) days of the mailing of the re-hearing decision under Section 5.1.2 of this Ordinance. 5.2.2. In the event that the contractor found to be in violation of this Ordinance should elect to appeal, a verbatim record and transcript of the proceedings shall be necessary. It shall be the sole responsibility of said party to ensure that a record is made form which a transcript may be prepared which includes the testimony upon which an appeal may be taken. Neither Collier County nor the Contractors' Licensing Board shall have any responsibility to provide a verbatim record transcript of the proceedings. SECTION TWO: CONFLICT ~ S~"FEI~ILITY. In the event this Ordinance conflicts with any other ordinance of the City of Naples or Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION INTO THE CODE O~ LAWS AND ORDINANCES. The provision of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier county, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish same, and the word "Ordinance" may be changed to "section", "article", or other appropriate word. SECTION FOUR: E~F~CTIVE DATE. Words underlined are deleted. added; -62- words struck through are This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIMOTHY L. HANCOCK, CHAIRMAN Approved as to form and legal sufficiency: Thomas C. m Assistant County Attorney Words underlined deleted. are added; -63- words struck through are 543 ~'::]-24 12:~G ~lO,~J .... 941 436 1038 C~.t~. ' . 12 DA'T'E 1 ST. T i fie TOTi:I_ T I ~ ,ABDR I D STATUS I~PGS DEPT CODE CCII'I. CODE I~c:j-24' 11:41 8~' ~0' 36 94199~3 ~9-24 13:41 88'01'28 941 436 1038 89-26 10:10 0~'00'49 941 '775 2?55 09-26 14:3'7 8~- 80' 53 09-26 14:51 8~ 08' 54 94143~4652 09-29 11:09 ~8' 01 ' 88 -G3- 09-38 ~7:a0 ~0' 88' 37 9a 199' 0393 ~c3.-3~ 15:11 E~'80'5-3 10-01 15:22 88'80'a9 941 ~ 2'~55 C~< 1 10-02 10:39 ~'47 94164_'4968 1~-02 16:~5 OB*80':T7 643 83451 10-03 14:45 ~'01' 18 -G]-- 10-06 14:4(; 0~'01'57 941 9~ 414~ C~ 10-06 14:50 ~'49 ~1 ~ ~ 1~ 17:01 ~'19 ~3- ~ ~o: (~-~) 'J"7~8 Oct. 6 'C-~ Notice is hereby given ~ on ~u=~ , ~, .... , .n vernm~m ~-~-, Building, ~lli~r ~oug~ ~.,~ me B~rd of Cou~ · ' ~ a I~ ~lgllW~ Tam~am~ lrall, ~ P , tmen* of a Coun- ~---~i-~ioners will consider ~be e~ .... ~ o.nn A.M ~gll~ omm~ll~ ~ ~.v~ , The t~le ot ot t~e prupu~- ~ -- NOTICE OF INTENT ~T~'~'~ NO. 90-I05, AS AM~?u{ ~,~ m~"'~"~- '~ CONTRACTOR5 ~i~-~,,- LIER COUN . ,, HIS DESIGNEE BOARD ORDINANC~~,; ~TIONS 1 4.7- 1.4.8 TO 5ECTI~ 1.~.3;ADD N~w ~TIFICA~E~ TO AND 1.4.91RE. ALLOWING LAPSE; AMEND SECTION 1.6.2.6.1 TO PROVIDE . ROCITY OF LICENSED JOURNEYMAN FOR RECIH ---~. ***eND SECTIOn5 ~. ~~g~~~N~'~gTHOR~Z~O AC- ].6.2.7 ~Ng/.o. -v ~ NTRACTORS; ADD ~. ~IVITIE~_O~ ~OL/~A ~N.RECREATIONAL NEW SECTION 1,6.~,~., ' ,-~ WATE POND RFALL FOUNTA~ CONTRACTORS; ,_ CTION BY ADDING REPAIR AND RE- AMEND 5 .0437 F.S; ADD NEW NCE~O SECTION 487 ' ' ERV- FERE , NG POOL/SPA S SECTION %6u2.~.1 - 5~1~,,m ~TION 16.2 10 TRACTOR~' ~m~,,~ ~v . · ICING CO ROCITY OF LICENSED To ~ROV~.fq5 ~L~-,,O ~R~E: ,~NO JOURNEY~N l~ ~uu,,,~, R~CIPROCI- sECTION 1;6.2.11.1 TO PROVIDE FOR NSED JOURNEYMAN IN ELECTRICAL TY OFLICE TO EXPAND · ENO SECTION ~.6.3.6 CON- ~~I~D ACTIVITIES OF C~~TR~ ~u" '~ ..... N 1.6.~./o ' ~--~' TRAC~O~0~~.SE~ZJ~O SECTION ~.~.3.~S '~ ~ S' AMEND ~/Igm ~.g. · p CONTRACTOR , ,, RIPY SCA E .... "~T~ AND OAVITS ANDCLA 8Y ADDINg ~' IC~L WORK RESTRICTIONS; DELETE ELECTR ? UP CON- ~ -DELETE SECTION · ~ACTg ~ . ETE SECTION 1.6.3.48 ~AN~ COU~g?~RS,~TRACTORS: DELETE - WELL jg~l~gLff~ ~:~y RE,UMBERED LA~.~.~~~%~'~A~VAL AND TRIM' INCORPORA]~ RAMS, ADD "CERTIFICATE OF COMPE' ~E~9~,, mg ~CT~ON 2.3;AMEND ~.~.~2~d~.~.~ ~ Agg~NO "CR~ES OF ~-- · . A~ mU~ru~E": ~NO SeCT*ON 2. S.~ mO A~. ~OW SU~S~mU*~O" O~ .~EVANS R~CENm ) WORK ~ ; TION5; ~END .SECTION 2.7 TO DISALLOW :' CREDIT OR EXA~ SCORES THAT ARE MORE ' THAN T~REE YEARS OLD; A~END SECTION ~ ~.1.2 RE: APPOINTMENT5 TO THE CON- { 3.~.1 AND ARD' AMEND SEC- 5' LICENSING BO , TRACTOR ~ c~lFY ,,ABANDONMENT ~ T~O. ~.~.:,-~ ~ ...... ,,. T ON ' CT~ON CONTEACT. A~E~p,,S~?;~.,~ CONSTRU m~T~ ',,SUBSTANTIALLY ,. 4.1.6 TO ~ ~ CLARIFY "FAULTY i~'!i CONDUCT STANDARDS THAT APPL.¥ i k) ~ CERTIFIED CONTRACTORS; ADD A NEW SECTION J 4.3.1(0)TO IM..P. LEMENT SECTIONS 489.127 AI~ID 489.132 F.S. RE, JURISDICTION OVER VIOLATORS WHO DO NOT HAVE REQUIRED LI- CENSE, CERTIFICAT.E OR REGISTRATION AND SPECIFY PENALTIES, A.DD NEW SECTION 4.3.1.b ~ RE: MINOR VIOLATIONS, AMEND SECTION 4.3.4.3 · re: ISSUANCE OF SUBPOENAS; AMEND SECTION 4.3.4.10 TO EXTEND THE DEADLINE RE: WRIT- TEN ORDERS FROM 15 DAYS TO :30 DAYS; ADD SECTION 4.3.5.6 RE: FINES AND OTHER MONE- TARY SANCTIONS; AMEND SECTION 5.1.2 TO EX- TEND THE DEADLINE FOR ISSUING WRITTEN DECISIONS ON REHEARING; AMEND SECTI0_N_s 1.6.4, 2.1.5, AND,d.I.18 .,T.O UP-DATE JOB AND/OR DE_P'ARTMEN_T_/IFITLES, PROVIDE FOR CONFLICT ')~ ....... VE.R~,BILITY' PROVIDING FOR INCLU- , AND SE cobE OF LAW5 AND ORDI- 51ON INTO THE NANCES: PROVIDING AN EFFECTIVE DATE. the prolm: Co~les of )sed Ordinance are on file with the Clerk to the I~)ord and are available for Inspedion. All irfferested parties ore Invl~ed fo offend and be heard. Any person who decides to appeal a decision of the Bo<3rd will need o record of the proceedings pe.rtalning therefo and therefor*e, may neefisfo ensure thor a ver- mode, which record botim record of the I~oceedlngs ms includes .fhej~sflmony and evidence upon which the oppeol is Das~ea. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK BY:/s/Sue Borbireffl, Deputy Clerk (SEAL) Ocfober 12 No. 1078116 BOARD Of COUNTY ATTN: ttAMCY ~ PO BOZ 4~5016 ~A~E~ FL ~CYlo~016 $7~76699 MOTXCE O~ INTENT TO kD SPACE: ZO~.O00 IM(H fILED 01~: 10/1~,/97 Signature of Affiant /~ // ~,/ ~ to a~d ~t~cribed beene N this ORDINANCE NO. 97- 68 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE; ADD "OR HIS DESIGNEE" TO SECTION 1.4.3; ADD NEW SECTIONS 1.4.7, 1.4.8 AND 1.4.9 RE: ALLOWING CERTIFICATES TO .LAPSE; AMEND SECTION I. 6.2.6.1 TO PROVIDE FOR RECIPROCITY OF LICENSED JOURNEYMAN IN M~CHANICAL TRADE; AMEND SECTIONS 1.6.2.7 AND 1.6.2.8 TO EXPAND AUTHORIZED ACTIVITIES OF POOL/SPA CONTRACTORS; ADD NEW SECTION 1.6.2.8.1 - NON- RECREATIONAL POND W~~ FOUNTAIN CONTRACTORS; AMEND SECTION BY ADDING "REPAIR" AND REFERENCE TO SECTION 487.0437, F.S.; ADD NEW SECTION 1.6.2.9.1 - SWIMMING POOL/SPA SERVICING CONTRACTORS; AMEND SECTION i. 6.2.10 TO PROVIDE FOR RECIPROCITY OF LICENSED JOURNEYM~R IN PLUMBING TRADE; AMEND SECTION 1.6.2.11.1 TO PROVIDE FOR RECIPROCITY OF LICENSED JOURNEYMAN IN ELECTRICAL TRADE; AMEND SECTION I. 6.3.6 TO EXPAND AUTHORIZED ACTMTIES OF CARPENTRY CONTRACTORS; DELETE SECTION 1.6.3.16 - ELEVATOR CONTRACTORS; AMEND SECTION 1.6.3.25 TO EXPAND AUTHORIZED ACTMTIES OF LANDSCAPE CONTRACTORS; AMEND SECTION 1.6.3.27 BY ADDING "LIFTS AND DAVITS" AND CLARIF~f ELECTRICAL WORK RESTRICTIONS; DELETE SECTION 1.6.3.29 - MOBILE HOME SET UP CONTRACTORS; DELETE SECTION 1.6.3.39 - SEPTIC TANK CONTRACTORS; DELETE SECTION 1.6.3.48 - WELL DRILLING CONTRACTORS; DELETE LAST PARAGRAPH OF NEWLY RENUM~ERED SECTION 1.6.3.48 - TREE REMOVAL AND TRIMMING CONTRACTORS; AMEND SECTION 1.8 TO INCORPORATE APPROVED STATE APPRENTICE PROGRAMS; ADD "CERTIFICATE OF CO~[PETENCY" TO SECTION 2.3; AMEND SECTIONS 2.2.10 AND 2.3.12 BY ADDING '~S OF MORAL TURPITUDE"; AMEND SECTION 2.5.3 TO ALLOW SUBSTITUTION OF RELEVANT, RECENT WORK EXPERIENCE IN LIEU OF EXAMINATIONS; AMEND SECTION 2.7 TO DISALLOW CREDIT FOR EXAM SCORES THAT ARE MORE THA~ THREE lEARS OLD; AMEND SECTION 3.1.1 AND 3.1.2 RE: APPOINTMENTS TO THE CONTRACTORS' LICENSING BOARD; AMEND SECTION 4.1.3 TO CLARIFY "A~ OF A CONSTRUCTION CONTRACT"; AMEND SECTION 4 . 1.6 TO DELETE -SUBSTANTIALLY"; AMEND SECTION 4 . 1 . 10 TO CLARIFY "FAULTY WORKKANSHIP"; ADD SECTION 4.1.24 TO APPLY TO COUNTY CERTIFIED CONTRACTORS ALL MISCONDUCT STANDARDS THAT APPLX TO STATE CERTIFIED CONTRACTORS; ADD A NEW SUBSECTION 4.3.1 (&) TO IMPLE~(ENT SECTIONS 489.127 AND 489.132 F.S. RE: JURISDICTION OVER VIOLATORS WHO DO NOT HAVE REQUIRED LICENSE, CERTIFICATE OR REGISTRATION AND SPECIFY PENALTIES; ADD NEW SECTION 4.3.1. b RE: MINOR VIOLATIONS; AMEND SECTION 4.3.4.3 re: ISSUANCE OF SUBPOENAS; AMEND SECTION 4.3.4.10 TO P.A-xF~qD THE DEADLINE RE: WRITTEN ORDERS FRO~ 15 DAYS TO 30 DAYS; ADD SECTION 4.3.5.6 RE: Fi'NES AND OT~u~K MONETARY SANCTIONS; Ab{END SECTION 5.1.2 TO EXTEND THE DEADLINE FOR ISSUING WRITTEN DECISIONS ON REHEARING; AMEND SECTIONS 1.6.4, 2.1.5, AND 4.1.18 TO UP-DATE JOB AND/OR DEPARTMENT TITLES; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDING FOR -1- Words underlined are added; words struck through are d~leted. ~, local regulation of certain type of contractors is in the best interests of the citizens of Collier County to protect the public health, safety and welfare; and ~, amendments have recently occurred to Florida Statutes pertaining to the regulation of contractors which require certain revisions to this Ordinance; and ~, other provisions of this Ordinance are being amended solely at the discretion of the Board of County Commissioners to clarify issues or to solve or alleviate problems being experienced by affected tradesman in Collier County, which discretionary amendments have been recommended to the Board of County Staff. NOW, T~F~, B~ IT O1~ BY TH~ B~ OF CO~SSI(~ OF COIJ~I~C~, I~RIDA that: S~CTIOW O~: OP, D~C~ NO. 90-105, AS A1412~D~, IS HEREB! AMENDED PART O1~: CZRTIFICAT~S O~ ~'I'~NC'f RY,,~I~RED. 1.1. Unlawful to Contr&c~ without · Certificate of Co~tenc'y. It shall be unlawful for any person, firm, partner- ship, corporation or other legal entity to: engage in any construction contracting business, advertise or represent himself/herself or a business organization as available to engage in any construction contracting business, or act in the capacity of a contractor or subcontractor for any of the trades listed in Section 1.6 of this Ordinance, within the unincorporated area of Collier County and the incorporated area within the boundaries of the City of Naples, without having first made application for and having been issued a current and valid Collier County/City of Naples Certificate of Competency or an applicable State Certified License. Nothing herein shall be construed to mean that there cannot be employees in a trade who are not qualified or certified within the definitions herein set forth if such employees are employed by a licensed contractor who exercises supervision and -2- Words underlined are added; words struck throug~ are deleted. control over said employees. Indicia of an employment relationship shall include the employer's regular payment of wages and compensation, FICA deductions, tax withholding and provision of Workers' Compensation to the employees, all as prescribed by law. 1.2. Building Pmr~its. 1.2.1. No building permit shall be issued for the construction, alteration, or repair of any structure unless the applicant for the permit possesses a current Collier County /City of Naples Certificate of Competency, an applicable State Certified License, or is exempt from the operation of this Ordinance. 1.2.2. It shall be unlawful for any owner-builder to procure a building permit and to use said permit with the intent to aid or abet an unlicensed contractor to perform the permitted construction, alteration, or repair. Such conduct shall be punishable as a violation of this Ordinance and the permit and inspection shall be considered invalid for that portion of the construction related to the violation. 1.3. Exemptions. 1.3.1. Owner-Builders. Owners of property when acting as their own contractor and providing all material supervision themselves, when building or improving farm outbuildings or one-family or two-family residences on such property for the occupancy or use of such owners and not offered for sale or lease. In all actions brought under Section 1.1 of this Ordinance, proof of the sale or lease, or offering for sale or lease, of a structure by the owner-builder within 12 months after issuance of a Certificate of Occupancy is prima facie evidence that the construction was undertaken for purposes of sale or lease. This does not exempt any person who is employed by such owner and who acts in the capacity of a contractor. This exemption does not apply to any type of commercial building. TD qualify for exemption under this Subsection, an owner must personally appear and sign the building permit application. An owner-builder will be issued a maximum of one (]) owner-builder permit for the construction of a one-family or two-family home in any three (3) year period. An -3- Words underlined are added; words struck throug_~ are deleted. owner-DuzlOer applying for or receiving more than one Building Permit for the construction of a one-family or two-family home in any three (3) year period shall be prima facie evidence of building/contracting without a license which is a violation of this ordinance. 1.3.2. Publ£o Works. The provisions of this Ordinance shall not apply to: any construction, alteration, improvement, or repair carried on within the limits of any site the title to which is in the United States or with respect to which federal law supersedes this Ordinance; or to an authorized employee of the United States, this State, or any municipality, county, or other political subdivision if the employee does not hold himself out for hire or otherwise engage in contracting except in accordance with his employment. 1.3.3. Porsons Holding Current State Certified Certificates of Coeq~etency. Any person holding a current State of ~'lorida Certified Certificate of Competency is exempt from obtaining a Collier County/City of Naples Certificate of Competency for that trade for which he/she is certified by the State, unless a local license is also required. Such person is required to possess a current occupational license issued by the Tax Collector of Collier County, and his/her performance as a contractor shall be subject to all other requirements of this Ordinance not in conflict with applicable Florida law. 1.4. Renewal of Certif£cate, of Competency. 1.4.1. Certificates of Competency shall expire annually at midnight on September 30th of each year. 1.4.2. The Contractor Licensin~ Supervisor shall diuect the mailing of renewal notices to all licensed contractors at least one month prior to the expiration date of the licenses. 1.4.3. Applicants for renewal must present the Contractor Licensing Supervisor or his/her desiqnee with the following: A. Evidence of insurance as required by this Ordinance. Words underlined are added; deleted. -4- words struck through are B. A current Collier County and/or City of Naples occupational license, as applicable. 1o4.4. Any individual or business organization failing to renew his or its Certificate of Competency prior to midnight September 3Cth of each year shall have until midnight December of the same year to renew his or its Certificate of Competency, provided however, that in addition to payment of the standard renewal fee as required by this Ordinance, the applicant shall be charged a late fee in accordance with the schedule of fees and charges adopted by resolution pursuant to Section 2.1.5 of this Ordinance. 1.4.5. Should September 30th or December 315t be a Saturday, Sunday, or legal holiday, the renewal period shall not expire until midnight of the next working day. 1.4.6. Any individual failing to renew his Certificate of Competency prior to December 31st shall be required to make reapplication pursuant to Part Two of this Ordinance. 1.4.7 Any individual who fails to renew his/her Certificate of Competency prior to December 31 of the year in which it expires shall have a delinquent Certificate of Competency, 1.4.8 Any individual who renews his/her Certificate of Competency by September 30 of the year following its expiration, but after December 31 of that year~ shall have a suspended Certificate and thereby must pay an additional late fee in accordance with the schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 herein, and must reapply in full including updated credit reports and all other documentation required in Section 2 herein~ but no re-testing shall be required. 1o4.9. Any individual who fails to renew his/her Certificate of Ccmpetency prior to December 31 of the year following its expiration shall thereby automatically have a Certificate of Competency that is null and void. To accuire a valid Certificate from the County the individual must pay the them applicable full application fee in accordance with the schedule of fees and charges adop%ed by Resolution pursuant to Section 2.1.5 -5- Words underlined are added; words struck throu~ deleted. are ........ , ~ ...... ~o. o~.~,~ ~:~ =nLz:e new application, iz, as o~ the date of receipt by the County of said new application, three (3) years have passed since the date of his/her most recent examination that the individual passed to acquire the former Certificate, that individual must pass all then applicable testing requirements. 1.5. Contractors' Identification Required on all Advertising Mediums. 1.5.1. All contractors licensed under the provisions of this Ordinance shall be required to firmly affix and/or to display the qualifier's Certificate of Competency Number and the "Doing Business As" Name on all advertising mediums used by the contractor, including but not limited to, contracts, brochures, business cards and vehicles used in their trade or business. The minimum height of each number or letter affixed to and displayed on vehicles shall be two (2) inches. 1.6. Definitions and Contractor Qualifications. 1.6.1. Contractor means the person who is qualified for and responsible for the entire project contracted for and, except for those herein exempted, the person who, for compensation, undertakes to, or submits a bid to, or does himself or by others, any or all of the following construct, repair, alter, remodel, add to, demolish, subtract from, or improve any buildinq or structure, including related improvements to real estate, for others, or for resale to others, as hereinafter defined in Sections !.6.1 through 1.6.3 of this Ordinance. 1.6.1.1. General Contractor requires forty-eight months experience with a passing grade on a six (6) hour test and a two (2) hour business and law test and means a contractor whose services are unlimited as to the type of work which he/she may do, except as provided in this Ordinance. NOTE: Alsc see Sect. 1.6.2. 1.6.1.2. Building Contractor requires forty-eight months experience with a passing grade on a six (6) hour test and a two (2) hour business and law test and means a contractor whose services are limited to construction of commercial buildings and Words underlined are deleted. -6- added; words struck t h roug_~ are 120 single-dwelling or multiple-dwelling residential buildings, which co.:nercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. NOTE: Also see Sect. 1.6.2. 1.6.1.3. Residential Contractor requires forty-eight (48) months experience with a passing grade on a six (6) hour test and a two (2) hour business and law test and means a contractor whose services are limited to construction, remodeling, 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. NOTE: Also see Sect. 1.6.2. 1.6.1.4. Contractor qualifications for practice and restrictions. A general, building, or residential contractor shall not be required to subcontract the installation, or repair made under warranty, of wood shingles, wood shakes, asphalt or fiberglass shingle roofing materials on a new building of his own construction. Further, a general contractor on new site development work, site redevelopment work, mobile home parks, and commercial properties, shall not be required to subcontract the construction of the main sanitary sewer collection system, the storm water collection system, and the water distribution system, not including the continuation of utility lines from the mains 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 are to be considered a part of the main sewer collection and main water distribution systems. However, no general, building or residential contractor state certified after 1973, shall act as, hold himself/herself out to be, or advertise himself/herself to be a roofing contractor unless he/she is certified or registered as a roofing contractor. Wcrds underlined are added; deleted. -7- words struck through are 1.6.1.5. A general, building, or residential contractor, except as otherwise provided in this part, shall be responsible for any construction or alteration of a structural component of a building or structure, and any certified general contractor or certified underground utility and excavation contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in the state. Any certified building contractor or certified residential contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on which any specific building is located. 1.6.1.6. A general contractor shall not be required to subcontract structural swimming pool work. 1.6.2. B~l]~contx&cting; S%~bcontractors. A contractor shall subcontract the electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air conditioning work for which a local examination for a Certificate of Competency or a license is required, unless such contractor holds a Certificate of Competency or license of the respective trade category, as required by the appropriate local authority. 1.6.2.1. Sheet Metal Contractor requires twenty-four (24) months experience and a passing grade on a three (3) hour test and a passing grade on a two {2) hour business and law test and means any person whose services are unlimited in the sheet metal trade and who has the experience, knowledge, and skill necessary for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, insulation, alteration, repair, servicing, or design, when not prohibited by law, of ferrous or nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other materials, including, but not limited to, fiberglass, used in lieu thereof and of air-handling systems including the setting of air-handling equipment and reinforcement of same and including the balancing of air-handling systems. This definition and qualifications does not include roofing. -8- Words underlined are added; words struck thrcuq_~ are deleted. ~.6.2.2. Roofing Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofin~ and roof waterproofing and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life o~ the roof. ~.6.2.3. Mechanical Contractor requires forty-eight (48) months experience as a licensed Journeyman or equivalent, 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 services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith; and to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, and natural gas fuel lines within buildings; to disconnect or reconnect power and low voltage heating, ventilating, and air conditioning control wiring on the load side of an existing electrical disconnect switch; and to install a conden~aate drain from an air conditioning unit to an existing safe waste or other Words underlined are added; words struck through are deleted. 12C 2 approved disposal other than a direct connection to a sanitary system. ?he scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. 1.6.2.4. Class A Air Conditioning Contractor requires thirty-six (36) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6> hour test and a passin9 grade on a two (21 hour business and law test and means any person whose se[vices are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, ~efrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system, boiler and unfired pressure vessel systems and all appurtenances, apparatus, or equipment used in connection therewith; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; 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 system. 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. -10- Words underlined are added; words struck through are deleted. 1.6.2.5. Cla3s B Air Conditioning Contractor requires thirty-six (36) months 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 services are limited to twenty-five (25) tons of cooling and five hundred thousand (500,000) BTU of heating in any one system in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system being installed under this classification; 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 system. 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 wi[bin 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. 1.6.2.6. Class C Air Conditioning Contractor requires twenty-four (24) months 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 duc% alterations in connection with those systems he/she is servicing. -Il- Words underlined are added; words struck through are deleted. 1.6.2.6.1. Journeyman Air Conditioning License Holder requires four (4) years as apprentice, a passing grade on a six (6) hour test, and means those qualified to perform work in the Air Conditioning Trade while employed or supervised by an air conditioning or mechanical contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the mechanical trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity c.riteria of Section 489.1455~ F.S. 1.6.2.7. Commercial Pool/Spa Contractor requires thirty-six (36) 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 any person whose scope of work involves, but is not limited to, the construction, repair, water treatment, and servicing of any swimming pool or hot tub or spa, whether public, private, or otherwise, regardless of use. The scope of such work includes layout, excavation, operation of construction pumps for dewatering purposes, steelwork, installation of light niches, construction of floors, guniting, fiberglassing, installation of tile and coping, installation of river rock, Spray Crete,, Keystone~ and other substantially similar types of deck coatings in conjunction with the construction of the deckt application of Marcite~ or other similar types of coatings to the interior of the pool~ spa or other water structure¢ installation of all perimeter and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, construction of equipment rooms or housing for pool equipment, installation and/or construction of waterfalls and fountains, and installation of package pool heaters. However, the scope of such work does not include direct connections to a sanitary sewer system, potable water lines or to any electrical installat'ion. 1.6.2.8. Residential Pool/Spa 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 business and Words underlined are deleted. -12- added; words struck through are law test and means any person whose scope of work involves, but is not limited to, the construction, repair, water treatment, and servicing of any residential swimming pool or hot tub or spa, regardless of use. The scope of such work includes layout, excavation, operation of construction pumps for dewatering purposes, steelwork, installation of light niches, construction of floors, guniting, fiberglassing, installation of tile and coping, ~ ° ....... ~ -~-~-- river rock, Spra~ installation of ~. pcrlmctcr ._4 ~it~r ~.~...~, ~rete~, Keystone~, and other substantially similar types of deck coatinqs in conjunction with the construction of the deck, application of Marcite~ or other similar types of coatings to the interior of the pool~ spa or other water structure, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, installation of housing for pool equipment, installation and/or construction of waterfalls and fountainsr and installation of package pool heaters. However, the scope of such work does not include direct connections to a sanitary sewer system, potable water lines or to any electrical installations. 1.6.2.8.1. Non-Recreational Pond Waterfall Fountain Contractor requires twenty-four (24) months experience with a passing grade on a two i2) hour business and law test and means any person whose sccpe of work is limited to the construction of non- recreational ponds~ waterfalls and/or fountains. However{ the scope of such work does not include direct connections to a sanitary sewer system, potable water ltnesf or to any electrical installation. Contractors who hold a current Collier County Restricted L~cense or other similar prior authorization by the County for this classification on the effective date of this amendment are not required to pass this test, but must apply for this Certificate pursuant to Section not later than December 31, 1997. The Contractors' Licensinq Board may grant hardship waivers to this testing requirement for each such qualified contractor who failed to file his/her application on or before December 31~ 1997. Words underlined deleted. are -13- added; words struck throu_~_~oh are 1.6.2.9. Swimming Pool/Spa Servicing/Repair contractor requires 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 any person whose scope of work involvcs thc servicing, repairf ma_.,~enance, or water treatment of any public or private swimming 9ool, hot tub or spa~ and, subject to Section 487.0437, F.S., may include direct infusion of chlorine gas. The scope of such work may include any necessary piping and repairs, replacement and repair of existing equipment, or installation of new additional equipment as necessary. The scope of such work includes the reinstallation of tile and coping, repair and replacement of all piping, filter equipment, and chemical feeders of any type, replastering, reconstruction of decks, and reinstallation or addition of pool heaters. 1.6.2.9.1. Swimming Pool/Spa Servicing Contractor requires twenty-four (24} months experience with a passing grade on a two (2) hour business and law test and means any person whose scope of work includes servicing or water treatment of any public or private swimming pool~ hot tub or spa, and, subject to Section 487.0437r F.S., may include direct infusion of chlorine gas. 1.6.2.10. Journeyman Plumber License Holder requires (4) years as apprentice, a passing grade on a six (6) hour test, and means those qualified to perform work in the plumbing trades while employed or supervised by a plumbing contractor. This provision does not apply to any individual who then holds a valid, active journeyman's license in the plumbing trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.1455~ F.S. 1.6.2.11. Plumbing Contractor requires twenty-four (24) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing grade on a two -14- Words underlined are added; words struck through are deleted. (2) hour business and law test and means any person whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, or when not prohibited by law, design plumbing. A plumbing contractor may install, maintain, repair, alter, extend, or, when not prohibited by law, design the following without obtaining any additional local regulatory license, certificate, or registration: sanitary drainage or storm drainage facilities; venting systems; public or private water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas (excluding liquid petroleum gases), and storm and sanitary sewer lines; and water and sewer plants and oubstations. The scope of work of the plumbing contractor also includes the design, when 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 systems; fire line standpipes and fire sprinklers to the extent authorized by applicable law; ink and chemical lines; fuel oil and gasoline piping, except bulk storage plants; and pneumatic control piping systems, all in such a manner as to comply with all plans, specifications, codes, laws, and regulations applicable. The scope of work of the plumbing contractor shall apply to private property and public property, shall include any excavation work incidental thereto, and shall include the work of the specialty plumbing contractor. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work but which is specified herein as being the work of a trade other than that of a plumbing contractor. 1.6.2.11.1 Journeyman Electrician requires four (4) years as an apprentice, a passing grade on a six (6) hour test, and means those persons qualified to perform work in the electrical -15- Words underlined are added; words struck through are deleted. trades while employed or supervised by an electrical contractor. This provision does not apply to any individual who then holds a valid~ active journeyman's license in the electrical trade and tha~ license was issued by any Florida County or Florida Municipalit~ when that licensee complied with all reciprocity criteria of Section 489.5335~ F.$. 1.6.2.1Z. Electrical Contractor requires twenty-four (24) months 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 a person who conducts business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or implied contract; or that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of electrical contracting; or that does itself or by or through others engage in the business of electrical contracting. The term electrical contractor does not qualify any person, firm or corporation for the installation of fire alarms which requires a separate state license. 1.6.3. Specialty Contractor means any person who assumes responsible charge and direction in the performance of construction work requiring special skills, and whose principle contracting business involves the use of specialized building trades and crafts usually a minor part of a complete structure. Available categories of Specialty Contractors and their requirements are: -16- Words underlined are added; words struck through deleted. are 1.6.3.1. Acoustical Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain, repair, and alter acoustical materials. The scope of work permitted under this classification shall include, but not be limited to, the installation of grid wgrk used to support 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 such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms and portable metal or vinyl partitions. 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) 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 such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms, and portable metal or vinyl partitions. 1.6.3.4. Alarm System 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 business and law test and means a person whose business it~cludes the execution of contracts requiring the ability, experience, science, knowledge, and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation. -17- Words underlined are added; words struck through are deleted. {a) Alarm System Contractor I means an alarm system contractor whose business includes all types of alarm systems for all purposes. (b) Alarm System Contractor II means an alarm system contractor whose business includes all types of alarm systems other than fire, for all purposes. (c) Alarm System means any electrical device or co~bination of electrical devices used to detect a situation which causes an alarm in the event of a burglary, fire, robbery,_medical emergency, or equipment failure. (d) Burglar Alarm Contractor means an alarm system contractor whose business is limited to the installation of burglar alarms in single-family homes and two-family homes, mobile homes, and small co.~mercial buildings having a square footage of not more than 5,000 square feet. 1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) months experience with passing grade on a two (2) hour business and law test and means any person who is qualified to manufacture, assemble, install, dismantle, maintain, adjust, alter, extend, and design cabinets and millwork. The scope of permitted work shall include, but not be limited to kitchen cabinets, bathroom vanities, accessory cabinets, counter tops, office furniture, and millwork items which have been manufactured for installation on Job site locations. 1.6.3.6. Carpentry Contractor requires thirty-six (36) 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 have the knowledge and skill to install any wood and metal products in a building including, but not limited to, rough framing, wood structural, and wood and metal non-structural trusses, sheathing, paneling, trim, metal framing~ and cabinetry. 1.6.3.7. Garage doors Installation Contractor requires twelve (12) months experience with a passing grade on a two (2) hour business and law test and means any person who is qualified to install, repair, adjust or extend garage doors. -18- Words underlined are added; words struck through are deleted. 1.6.3.B. Commercial Cooking Equipment Exhaust Hood Installation Contractor means any person who possesses a valid license as an Air Conditioning Contractor, Class A or B; a Sheet Metal Contractor; or a Mechanical Contractor; and who is qualified to install exhaust hoods, duct work, replacement air, exhaust fans, and grease filters. If any hood which is to be installed includes a fire suppression system, the contractor shall be certified by the Florida State Fire Marshal's office. 1.6.3.9. Concrete Forming and Placing Contractor requires thirty-six (36) 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 batch and mix aggregates, cement, and water to agreed specifications, to construct forms and framework for the casting and shaping of concrete to place miscellaneous embedded steel and to pour, place, and finish concrete. This category does not include the plastering of the interior of a pool. 1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six (36) 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 pour place and finish concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesh reinforcement, plastic vapor barriers and edge forms incidental thereto. This category does not include the plastering of the interior of a pool. 1.6.3.11. Concrete Contractor (restricted to pneumatically placed 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 use and maintain pressure equipment, mix material and apply according to building codes. 1.6.3.12. Decorative Metal Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means those who are qualified to fabricate and install decorative metal fixtures; such work -19- Words underlined are added; words struck through are deleted. should be decorative in nature and non-structural in function; the materials used in the manufacturing and installation of said products may be of ferrous or non-ferrous materials. 1.6.3.13. Demolition or Wrecking Contractor requires thirty-six (36) 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 demolish structures such as dwellings, commercial buildings, and foundations and to remove debris. The use of blasting and explosives is not permitted under this category. 1.6.3.14. Dredging Contractor requires thirty-six (36) 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 any person who is qualified to operate hydraulic dredging equipment which digs and removes material by pump and which deposits the pumped material at a fill location in one operation. 1.6.3.15. Drywall Contractor requires thirty-six (36) 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 install gypsum drywall products to wood and metal studs, wood and steel Joists, and metal runners in buildings of unlimited area and height. The scope of work shall include the preparation of the surface over which the drywall product is to be applied, including the placing of metal studs and runners and all necessary drywall preparation trim. 1.6.3.16. RESERVED. Elc';ator Contractor rcquircu .... a: ..... mca~: ...dsc~-cr~cn: "~-...~ arc qualificd to cxtcnd~ ........ , in~pcct, main.ain cr rcpalr ~..; ........ , ........... cz Words underlined are deleted. -20- added; words struck throug~ are 1.6.3.17. Epoxy Stone Contractor requires twenty-fou~ (24) months experience with a passing grade on a two (2) hour business and law test and means those who are qualified to batch and mix aggregates, epoxy, hardener, and gravel to specificationsL or to construct forms and framework for the casting and shaping of epoxy and aggregate, or to pour, place and finish over concrete base. 1.6.3.18. Excavation Contractor requires thirty-six (36) months experience and a passing grade on a three (3) hour test and a passing grade on a two (2} hour business and 'law test and means any person who is qualified to excavate to obtain or remove materials such as rock, gravel and sand; to construct or excavate canals, lakes and levees, including the cleaning of land of surface debris and vegetation as well as the grubbing of roots; and to remove debris and level surface land incidental and necessary thereto in compliance with all environmental laws, the Building Code, and other applicable codes and regulations. Minor excavations, such as footings, backfill without compaction, and similar activities are exempt hereunder. NOTE: The use of explosives is not included in this category. 1.6.3.19. Fence Erection Contractor requires twenty-four (24) months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain or repair fencing or decorative prefabricated walls on grade. 1.6.3.20. Floor Coverings Installation Contractor requires twenty-four (24) months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install carpet, sheet vinyl and wood parquet. This category does not include, tile, marble, or terrazzo. 1.6.3.21. Gasoline Tank and Pump Contractor requires forty-eight (48) months experience and 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 install, maintain, repair, alter, or extend any above ground system used for the Words underlined are deleted. -21- added; words struck through are storing and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures (not to include pollutant storage). 1.6.3.22. Glass and Glazing Contractor requires twenty-four (24) months experience, 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 select, cut, assemble, and install all makes and kinds of glass and glass work, and execute the glazing frames, panels, sash and door and holding metal frames, ornamental decorations, mirrors, tub, shower enclosures, and portable partitioD~. 1.6.3.23. Insulation Contractor. a. All types except buildings - requires thirty-six (36) months experience, 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 install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat, from internal or external sources on pipes, vessels, ducts, fire stopping materials, or built-up refrigerated boxes or rooms, and acoustical materials. b. Buildings - requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a two (2) hour business and law test, and means those who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat frcm rooms or buildings. 1.6.3.24. Irrigation Sprinkler Contractor requires twenty-four (24) months experience and a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain, repair, alter or extend all piping and sprinkler heads used for irrigation, including any required connections to a water pump; however, such work does not include direct connection to potable water lines. -22- Words underlined are added; words deleted. struck through are months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber and plant materials, whether or not incidental to landscaping, prepackaged fountains{ or waterfalls, provided same does not include connection to a sanitary sewer system~ portable water line~ or to any electrical installation, which tasks must be performed by tradesmen licensed in the relevant trade. Landscape Contractors may contract for only removal and/or trimming of trees and/or any other combination of the authorized services. 1.6.3.26. Liquefied Petroleum Gas Installation Contractor means any person qualified and licensed pursuant to Chapter 527, Florida Statutes, to install apparatus, piping and tubing, and appliances and equipment necessary for storing and converting liquefied petroleum gas into flame for light, heat, and power· 1.6.3.27. Marine, Seawall, and Dock Construction Contractor requires thirty-six (36) months experience, 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 build and install bulkheads, revetments, docks, piers, wharves, groins, boathousesl, lifts and davits~ and to do pile driving. Electrical service and wiring must be provided by a licensed electrical contractor. 1.6.3.28. Masonry Contractor requires thirty-six (36) months experience, 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 select, cut, and lay brick and concrete block or any other unit masonry products, lay other baked clay products, rough cut and dress stone, artificial stone and precas% blocks, glass brick or block, but who shall not pour or finish concrete· 1 6.3.29. RESERVED.- .... ~.~ u ..... ~^_. · . ...... ~C~ Up .... ~rocto~ -23- Words underlined are added; words struck through deleted. are ~A.,~ ..... ~ Cvmpctcnc~ ........ rcquircd cf any duly -..:~-" cmplcycc *~ ............ .... ~, "~- pcrfcrmc ...... cpcrationc ac 1.6.3.30. Painting Contractor requires twenty-four 24) months experience, 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 use spraying equipment as well as hand tools to finish both exterior and interior work. A painting contractor may do paperhanging, sandblasting, waterproofing, and may clean and paint roofs. 1.~.3.31. Paving Contractor (commercial or unlimited) requires thirty-six (36) months experience, 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 with the experience and skill to construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, storm drainage facilities, and to perform the excavating, clearing, and grading incidental thereto. 1.6.3.32. Plastering and Stucco Contractor requires thirty-six (36) months experience, 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 coat surfaces with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any combination of such materials such as to create a permanent surface coating, including lathing and drywall. This category does not include the plastering of the interior of a pool. 1.6.3.33. Pollutant Storage Contractor means a contractor who installs a pollutant storage tank. Said contractor -24- Words underlined are added; words struck through deleted. are must have a State Pollutant Storage License. A County Certificate of Competency is not available for this category. 1.6.3.34. Reinforced Steel Contractor requires thirty-six (36) months experience, 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, place, and tie steel reinforcing bars (rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce concrete buildings and structures in such a manner that, under all agreed specifications, steel reinforcing bars (rods) for concrete buildings and structures can be fabricated, placed, and tied. 1.6.3.35. Roof Coating, Roof Painting, and Roof Cleaning Contractor requires twenty-four (24) months experience, a passing grade~ on a two (2) hour business and law test, and means any person who is qualified to clean, paint or coat a roof by means of pressure-operated equipment, hand application or otherwise. This category does not include roof repair. 1.6.3.36. Sandblasting Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified to operate a sandblasting machine. 1.6.3.37. Satellite Dish Installation Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test and means any person who is qualified to erect, install, maintain, repair, alter or design, where not prohibited by law, any satellite dish provided all work is performed in accordance with applicable Collier County or City of Naples Ordinances. If installation includes a concrete base, the base shall be limited in size to two cubic yards of concrete. 1.6.3.38. Sealing and Striping Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means those who are qualified with the experience and skill to seal or stripe driveways, parking lots, sidewalks, and patios. -25- Words underlined are added; words struck thrc. ugh are deleted. 1.6.3.39. RESERVED.-6e~~G~or ~ rcquircd by ~ m~sr~-~- Department ^~ ~ rcgistra.ion as ............................... c rcquircd~- ~s~..~ catc~cry~ 1.6.3.40. Non-Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified to erect, install, repair, alter, extend or change any electrical sign, provided all work is performed in accordance with applicable Collier County and City of Naples ordinances. This category does not include the construction of free-standing structural signs. 1.6.3.41. Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means any person who is qualified to install, repair, alter, manufacture, add to, or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and is qualified to erect sig~s. Such contractor may contract for, and take out building permits for the erection of signs. The electrical service and wiring from the electrical service to the sign disconnect must be supplied by a licensed electrical contractor. 1.6.3.42. Solar Heater Installation Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means t~ose who have the k~,owledge to install, a].ter, repair, or replace any solar hot water heating system for -26- Words underlined are added; words struck through are deleted. - residences or for residential swimming pools, including collectors, storage and expansion ~anks, heat exchangers, piping, valves, pumps, sensors and lo~ ~oltage control~ which connec~ to existing plumbing stub-outs and electrical disconnects. 1.6.3.43. Structu:al Steel g:ection Contractor requires thirty-six (3~) months experience, a passing grade on a three (3) hour test and a pass£n9 grade on a two (2) hour business and law res:, and means those who are qualified to erect structural steel shapes and plates, including such minor field fabrication as may be necessary, of any profile, perimeter or cross-section, that are or may be used as structural members for buildings and structures, and the erection of communication towers, including riveting, welding and rigging, only in connection therewith. 1.6.3.44. Structure Moving Contractor means persons who are required to be general, building or residential contractors, and who are qualified to lift and secure structures and transport said structures from one site to another, whether or not such transport is across public roads, including the proper placement of structures at a new location. 1.6.3.45. Tile and Marble Installation Contractor requires twenty-four (24) months experience, 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 persons who are qualified to set tile and marble. 1.6.3.46. Tile, Marble and Terrazzo Installation Contractor requires twenty-four (24) months experience, a pas~:n7 grade on a three (3) hour test and a passing grade on a two 2~ hour business and law test, and means those persons who are qualified to mix, prepare, and finish terrazzo, prepare %he base, and set tile and marble. 1.6.3.47. Underground Utility and Excavation Contractor requires forty-eight (48) months experience, a passing grade on a three ~3) hour test and a passing grade on a two (2) hour business and law test, and means contractors whose services are limited to the construction, installation, repair, on public or private Words underlined are deleted. -27- added; words struck through are property, of main sanitary sewer collection systems, main water distribution systems, and storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or single-occupancy commercial properties, or on multi-occupancy properties at manhole or "wye" lateral extended to an invert elevation as engineered to accommodate future buildinq sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. An underground utility contractor shall not install any piping that is an integral part of a fire protection system, as defined in Section 633.021(7), Florida Statutes, beginning at the point where the piping is used exclusively for such system. ....................... ~ ........... rcqu~rcs '~ cur ~=~,'~A~ ...~..~..hz cxpcricncc, a passinq gradc m~y inutall, maintain and rcpalr pumps in ccnnccticn thsrc~:ith. ~,6.3,4S~, Tree Removal and Tricing Contrac%or requires twelve (12) months experience with a passing grade on a two (2) hour business and law te~t and means those who are qualified trim and remove trees and stumps. Thc this sr~inancc ............ rcqul ~c mcct tcst~n~ -28- Words underlined are added; words struck through are deleted. ~- ..... ~ny h~rd~ appcal~ ~- oai~ c::cmpticn. 1.6.4. Contractor Licensing Supervisor means the individual who oversees contractor licensing and its investigations or presents complaints regarding licensed contractors in Collier County, Florida. This individual holds office in the Ccmplianco Services Sccticn Building Review and Permittinq Department of the Dcvclopmcnt Services Department cf thc Community Development and Environmental Services Division of Collier County Government. 1.6.5. Employee means any person who works for and is under the supervision and control of a licensee, provided that said employee does not hold himself out for hire or engage in contracting except as an employee. For the purposes of this Ordinance, indicia of an employment relationship shall include the employer's regular payment of wages and compensation, F.I.C.A. deductions, tax withholding and provision of Workers' Compensation to the employee by the employer, all as prescribed by law. 1.6.6. Person means a human being or a legal business organization. 1.6.7. "Contracting" means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. However, the term "contracting" shall not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell or sells completed residences on property on which the individual or business entity has any legal or equitable interest, if the services of a qualified contractor certified or registered pursuant Words underlined are added; deleted. -29- words struck throuqh are to the requirements of this chapter have been or will be retained for the purpose of constructing such residences. 1.6.S. "Business organization" means any partnership, corporation, business trust, joint venture, or other legal entity which engages or offers to engage in the business of contracting or acts as a contractor as defined in this section. 1.6.9. "Financially responsible officer" means a person other than the primary qualifying agent who with the approval of the board assumes personal responsibility for all financial aspects of the business organization. 1.6.10. "Primary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and con=rol the contracting activities of the business organization with which he is connected~ who has the responsibility to supervise, direct, manage, and control construction activities on a Job for which he has obtained the building per~it~ and whose technical and personal qualifications have been determined by investigation and examination ss provided in this part, as attested by the department. 1.6.11. "Secondary ~ualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, and control construction activities on a Job for which he has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. 1.7. S~-lorkOrderl. If it should become known to the Contractor Licensing Supervisor that a construction project and/or contracting in Collier County or the City of Naples is being undertaken by uncertified or nonexempt persons, the Contractor Licensing Supervisor, or his/her designee, shall place a stop-work order on the relevant portion of said project until such time as a certified contractor assumes supervision of the construction project. Any ~ords underlined deleted. -30- &dded; words struck th£ou~ are uncertified and nonexempt person resuming construction prior to the removal of the stop-work order by the Contractor Licensing Supervisor shall be in violation of this Ordinance. 1.8. Experience Requirements. As a prerequisite to, and as a requirement for, the issuance of a Collier County/City of Naples Certificate of Competency, an applicant shall submit satisfactory evidence of experience in the trade for which he/she desires certification. a. Contractors' experience shall be in that particular trade, with at least one (1) year of said experience being as a supervisor. b. Masters' experience shall be as journeymen. c. Journeymen's e~ erience shall be as apprentices or trainees~ having completed an apprenticeship program registered with the Department of Labor and ~mployment Security and demonstrates 4 years verifiable practical experience in those particular trades, or demonstrates 6 years verifiable practical ex__~erience in those~articular trade~ as ma~ be authorized by . The apprentice programs approved, as cf thc c~cc~ivc ...... of Labor, this .r.inancc by the Bureau of Apprenticeship, Division Employment and Training of the Department of Labor and Employment ~ ....... hereby Security, which f~r Spcnsc.~ "~'~- ~-~-' are incorporated by reference as the required apprentice experience. 1.8.1. 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. Affidavits from former employers with specifics as to the number of years of experience, work performed and any other relevant information; b. Copies of other certificates of competency, if any, held by the applicant in other counties or cities; c. Affidavits from any building director in locations where the applicant has worked; Words underlined are deleted. -31- added; words struck through are d. Affidavits from any union organization of which the applicant has been a me,er relating to the trade for which the applicant has made application; e. Affidavits from any other source within the trade applied for. 1.8.2. Education at an accredited school may be presented to satisfy a portion of the experience requirements of this Section. Specifically, each full year of school-level work in the trade for which application is made shall be credited to the applicant as .75 years experience, but such credit shall be for no more than one-half of the total experience required by this Ordinance. PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE. 2.1. Applications - General. 2.1.1. Any person or business organization desiring to obtain a Certificate of Competency shall make application under oath for such Certificate and shall submit such information as is required by this Ordinance. 2.1.2. Should the applicant be a business organization, the application shall be executed by a legally authorized and empowered representative of business organization who shall show his authority to so act on the application. In addition, the application shall name a qualifying agent authorized to act on behalf of the firm in all subsequent proceedings, showing his authority: a. To act for the firm in all matters and in any manner connected with the contracting business; and b. To supervise the construction under the Certificate of Competency issued to the applicant. 2.1.3. A qualifying agent may qualify no more than one firm, practicing the same trade, without prior approval of the Contractors' Licensing Board, and in no event more than two firms at the same time. 2.1.4. No application shall be considered unless the applicant supplies all information as required by this Ordinance. Words underlined deleted. -32- are added; words struck through are 2.1.~. ?he Board of County Corc~ss~oners shall establish and adopt, by Resolution, a schedule of fees and charges for applications for Certificates of Competency, renewals, late fees and other charges, if applicable, pertaining to this Ordinance. It is the intent of these regulations that the County shall not be required to bear any part of the cost of applications made under this Ordinance. The schedule of fees and charges shall be posted in the office of the Gem~iancc £crviccs Scction of the Dcvc!cpmsnt Scr-;icc2 Dcpartmcn~. Building Review and Permitting Department of the Community Development and Environmental Services Division of Collier County Government and the City of Naples Building and Zoning Division, and the resolution establishing such fees shall be on file with the City of Naples Clerk and the Clerk to the Board. The schedule of fees and charges may be changed in accordance with standard resolution adoption and amendment procedures of the Board of County Commissioners and repeal or amendment of the schedule shall not be subject to the procedure otherwise necessary for amendment of this Ordinance. Current fees and charges are set forth in Resolution No. 87-108 and shall remain in effect until said Resolution is amended or superseded. 2.2. Contractor Application - Individual. Any person desiring a Certificate of Competency shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisor: 2.2.1. Name of applicant, date of birth, Social Security number and driver's license number; 2.2.2. Home address and telephone number; 2.2.3. Business address and telephone number. A contractor is required to maintain an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. 2.2.4. Name of applicant's business; 2.2.5. Applicant's proposed contracting business; 2.2.6. If applicable, verification that applicant has properly registered under the fictitious name statutes; -33- Words underlined are added; words struck through are deleted. 2.2.7. Type of Certificate of Competency for which application is being made; 2.2.8. A complete list ci all outstanding debts related to the applicant's contracting business which the applicant has not paid or refuses to pay and a statement of the reasons for nonpayment; 2.2.9. Names and telephone numbers of two persons who will always know the applicant's whereabouts; 2.2.10. A statement as to whether the applicant has ever been convicted of a crime related to contracting and any crime of moral turpitude; 2.2.11. Applicant's business or work experience during the past ten years; 2.2.12. Any formal training in the area of competency for which application is made; 2.2.13. In addition to the aforementioned information, the applicant shall attach or submit the following information: a. A credit report compiled by a nationally recognized credit agency that reflects the financial responsibility of the applicant; b. Affidavits as to the applicant's honesty, integrity, good Dusiness reputation and competence in the trade category for which application for a Collier County/City of Naples Certificate of Competency has been made. Said affidavits shall be in substantially the form issued by the Collier County Contractor Licensing Supervisor or his/her designee; c. Scores on the examination applicable to the license applied for, including the area of competency tested, the date of testing and the place of testing. Said examination shall have been administered by a testing agency recognized and approved throughout the State of Florida as provided for in Section 2.6 of this Ordinance. 2.3. Contractor Applications - Business Organizations. If the applicant proposes to engage in contracting as a partnership, corporation, business trust, or other legal entity, Words underlined deleted. -34- are added; words struck through are the applicant shall apply through a qualifying agent and comply with all requirements and responsibilities contained in Sections 489.119 and 489.1].95, Florida Statutes. Any business organization desiring a Certificate of Competency in Collier County shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisor. 2.3.1. Business organization name; 2.3.2. Business address and telephone number. A business organization must have an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. 2.3.3. Qualifying agent; 2,3.4. Proposed contracting business; 2.3.5. Type of Certificate of Competency for which application is made; ~;ames and addresses of all partners, directors 2.3.6. and officers; 2.3.7. Where applicable, a copy of a certificate of incorporation or proof of recorded fictitious name; 2.3.8. A list of all contracting businesses owned by the business organization during the last five years; 2.3.9. A credit report from a nationally recognized credit agency if the business organization has been in existence for more than one (1) year. If the business organization has been in existence for less than one (1) year, a credit report on every business organization in which the Applicant/Qualifier was an agent is required, if neither of the above is applicable a personal credit report on the applicant/qualifier is required. 2.3.10. A complete list of all outstanding debts related to the business organization's contracting business which the business organization has not paid or refuses to pay and a statement cf the reasons for nonpayment; 2.3.11. The signature of an authorized officer of the business organization; -35- Words underlined are added; words struck through are deleted. 2.3.12. Qualifier information: a. The name of the qualifying agent and date of birth; b. The name of the business organization %o be qualified; c. Type of Certificate of Competency for which application is made; d. The home address of the qualifying agent; e. The names and telephone numbers of two persons who will always know the qualifying agent's whereabouts; f. Scores on any approved examination; including the area of competency tested, the date of testing and the place of testing; g. Affidavits as to the qualifier's honesty, integrity, good business reputation and competence in the trade category for which application for a Collier County/City of Naples Certificate of Competency has been made; h. A statement whether the qualifying agent has ever been convicted of a crime related to contracting and any crime of moral turpitude; i. A complete list of all outstanding debts related to the qualifying agent's contracting business which the qualifying agent has not paid or refuses to pay and a statement of the reasons for nonpayment; j. A statement of the qualifying agent's business and work experience during the previous five years; k. A statement of any formal training possessed by the qualifying agent in the trade category for which application is made for a competency card; i. Proof that the qualLfying agent is legally qualified to act for the business organization in all matters connected with its contracting business and that said qualifying agent has the authority to supervise construction undertaken by such business organization. Proof that a qualifying agent is -36- are added; words struck through are Words underlined deleted. legally qualified to act for the business organization includes, but is not limited to, authority to sign checks for the business organization, training and supervision of employees, hiring and firing of employees cr other actions indicating active involvement in the business organization. 2.4. l~aster or Journeyman Applications. a. The name of the applicant and date of birth; b. Home address and telephone number; c. Business address and telephone number; d. Type of Certificate of Competency for which application is being made; e. The names and telephone numbers of two persons who will always know the applicant's whereabouts; f. Scores on any approved examination, including the area of competency tested, the date of testing and the place of testing. Prior to taking the tests required by this Ordinance, an applicant must provide verification that he or she has complied with the experience requirements. g. A statement of the applicant's business or work experience during the past ten years; h. A statement of any formal 5raining in the trade categories for which application is made for a competency card. 2.5. Standard~ for the Issuance or Denial of a Certificate of Comp~tenc-y. 2.5.1. Contractors. The Contractor Licensing Y~upervisor cr his/her designee, shall issue a Certificate of Competency to the applicant if it appears, on the face of the application, as submitted by the applicar]t, thaz: a. The application is complete in accordance with the requirements of this Ordinance; -37- Words underlined are added; ~ords struck throuc~ delete~. are b. The applicant possesses the e×perience required by Sections 1.6 and 1.8 of this Ordinance; c. The credit report submitted indicates no facts and circum3tances whic~ show a failure to pay contracting related bills promptly; d. The applicant or qualifier meets the requirements for financial responsibility set forth in Rules 61G4-15.005 and 61G4-i5.006, Florida Administrative Code, as they may be amended from time to time; e. The applicant meets one cf the following criteria: 1) The applicant has taken and passed an examination approved and recognized throughout the State of Florida, as provided for in Section 2.6 of this Ordinance, for the area of competency for which application has been made, or 2) The applicant meets all licensir~g requirements provided for by this Ordinance. f. All required affidavits have been submitted; g. All required fees have been paid; h. The applicant possesses a current Collier County occupational license; and i. The applicant or the qualifying agent is at least 18 years of age. 2.5.2. Referral of Application to Contractors' Licensing Board for D~cision. If it does not appear on the face of the application that the applicant has complied with the requirements of this Ordinance so as to be eligible for a Certificate of Competency, then the Contractor Licensing Superviso~ shall refe:' the application to the Contractors' Licensing Board for a decision regarding approval or denial of the application. -38- Words underlined are added; words struck through deleted. ~re 2.5.3. When an application is referred to the ~ontractors' Licensing Board, the 5oard shall take t~stJmony from the applicant and shall consider other relevant evidence regarding ,whether the application meets the requirements of this Ordinance. Upon the evidence presented by the applicant and the Contractor Licensing Supervisor, the Contractors' Licensinq Board shall determine whether the applicant is qualified or unqualified for the trade in which application has been made. Findings of fact and conclusions of law regarding the approval cr denial of the application shall be made by the Contractors' Licensing Board. The Board may consider the applicant's relevant recent experience in the specific trade and based upon such experience may ,waive testinc r~equirements if convinced that the applicant is cualified by experience whereby such competency testing would be superfluous. 2.5.3.1. If the Contractors' Licensinc Board determines that an applicant is qualified for a particular type of Certificate of Competency, a competency card shall be issued by the Contractor Licensing Supervisor or his/her designee. 2,5.4. A~ditional Recfuirements. In addition to the foregoing requirements, each applicant shall submit the following information as a prerequisite to the issuance of a Collier County competency card: 2.5.4.1. The applicant's state registration number or a statement that the applicant has made application for a state registration number (anyone not required to have a state regis%ration nu.?2oer by Chapter 489, Florida Statutes, is exempted from this Subsection); 2.5.4.2. /he applicau~s' individual or business crganization's United States Internal Revenue Tax number; 2.5.4.3. Proof of insurance as required by Section 2.8 of this Ordinance; 2.5.4.4. A statement that the applicant has or will comply with all Workers' Compensation laws of the State of Florida prior to contracting in the City of ~aples and in Collier County; -39- Words underlined are added; words struck through are deleted. 2.5.4.5. Where applicable, a statement that applicant has registered his ficti%ious name with the Florida Departmen% of State, Fictitious Name Filing Section, as required by Section 865.0~, Florida Statutes; 2.5.4.6. When a Certificate of Competency ls issued in the name of a business organization, the certificate shall be in the name of the business orgar~ization and the name of the qualifying agent shall be noted thereon. The requirements of this Section shall be deemed to be a portion of the application and any ~alse statement made by an applicant as to information required by this Sec%ion sha~l be grounds for discipline as provided for in 2.6. Approved Exaz~iners. The approved examiners for the purpose cf administering proctored exams as require~ by this Ordinance are ~lock and Associates, 5700 S.W. 34 St. # 1303, Gainesvil[e, Florida 32608 and any other testing agency with comparable testing standards recognized an~ approved throughout the State of Florida and also approved by the Collier County Contractors' Licensing 2.7. Ex~:inations. A ~.inimum passing grade of 75% ~hall be required on all examinations. E~aminatlon~ shall be ~pecific to the trade category for which application for a Certificate of Competency has been made. Said ex,~minations shall be proctored and graded by a testing agency meeting ,]11 the requirements of Section 2.6 of this Ordinance. When a Certificate of Competen~ becomes void oursuant to Section 1.4.9 herein, all previous examination scores shall be disregarded except when the most receat relevant examination was taken and passed within three (3) years of the date of receipt of the new application, pursuant to Chapte[ ,:89, Florida S[atu[e£. 2.8. Insurance. All Licensed contractors shall maintain liability and other categories of insurance, as required by ~lorida law, at all times. Such insurance shall be with an insurance company authorized to do business in the State of Florida. The minimum limits of liability insurance required shall be not less than Wor.~s underlined are added; deleted. -40- words struck throug/o are St00,000 for bodily injury and $25,000 for property damage or any hisher m~nimum~ a3 required by Florida law. Al! licensed contractors shall maintain applicable Workers' Co~.pensation ~nsurance af re,4uired by Florida law. 2.9. Inactive Status. 2.9.1. Any person or firm that holds a valid Ccilier County/City of Naples Certificate .of Competency may place the Certificate of Competency on inacti';e status during which time said person cr firm/entity shall not engage in contracting ~ut may retain the ce:tificate on an inactive basis provided that timely payment 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 Commissioners. 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. p~tricted Certificates of Competency. The Contractors' Licensing Board may issue a Certificate of Competency tc an applicant for a certificate in a particular trade which is restricted to certain aspects of that trade where the applicant has satisfactorily demonstrated to the majority ~f said ~oard that the applicant is qualified under [his Ordinance in those certain aspects of that trade. 2,11. F~ergency Restricted Certificates of Competency. In the e'/ent of a declaration of a state of emergency in Collier County by the Collier County Board of County Commissioners or 1:~ the City of Naples by the Naples City Council, in which substantial damage has occurred to buildings and structures so as to cause a shortage of available perzons and firms/entities in the uontracting trades for which there are Collier County/City of Naples Certificates of Competency, the Contractors' Licensing Board is hereby authorized to: 2.11.1. Declare an emergency contracting trade shortage of designated categories of contractors and/or sub-contractors Words underlined are added; deleted. -41- worda struck throuck~ are listed in this Ordinance. This declaration shall be for a period of time not to exceed six (6) months. 2.11.2. Authorize the Contractor Licenslnq S~Jpervlsor l=c~,.~ of contractors and/or to prepare and re~ulate the se ~ ~' - suD-contractors from other jurisdictions .~hose l~censing requirement£ are substantially co~parable to those licensed in Collier County. The contractors selected must be licensed in jurisdictions '~hose testing and licensing requirements have been predetermined by the Contractors' Licensing Board to be substantially comparable to the Collier County requirements. 2.12. The County will provide active field supervision within the City of Uaples of licensed and unlicensed activity through its investigation and citation authority. 2.12.1. The County shall be responsible for issuing licenses in accordance with this Ordinance to authorize contractors to work within the geographic boundaries of County and the City of ~;aples. The County shall collect the fees for those contractors licensed to work within the County and City cf ~laples. 2.13. All contractors who operate in Collier County shall maintain complete financial and business records for the immediately preceding 3 years at their licensed place of busines3. The business and financial records to be maintained shall include minutes of corporate meetings, busir?3ss contacts, telephone records, insurance policies, letters of complaint, notices received from governE~ent entities, bank statements, canceled checks, records of accounts receivable and payable, financial statements, loan documents, tar< returns, emplo?ee records and all other business and financial recc::ds the contractor maintains in the course of business. The contractor shall allow the Cont£acting Licensing Super'zisoJ, or his_designee, access to all documents referenced in ibis section upon demand and during normal business hours. Copies of any documents requested by the Contractor Licensing Supervisor, or his designee shall be provided by the Contractor upon payment -42- Words underlined are added; wot:ds struck throuq~ are deleted. of reasonable reproduction costs, ,which shall no~ exseed the Contractor's actual reproduction costs, by the Contractor Licensing Super'zlsor or his designee. PA~.T THREE: THE CGNI"R~CTORS' LICENSING BOAt<D. 3.1. Composition. 3.1.1. ~he~e--i~-~ebY-°~eat~-tch~ Licenei-ng~~~!!u~nty~-~a= The Contractors' Liceasing Board i~ ~11 ~ composed of nine (9) members who sha~l be appolntec by the Board of County Commissioners. A r~inir~um of t~o (2) of these members shall reside 'within the corporate city limits of Naples or shall be recommended to the Board of County Co~issioners by the Naples City Council. The Board of County Cor~,issioners may also appoint alternate me,ers as iu deems appropriate. The nine (9) members of the Contractors' Licensing Board shal~ consist of a licensed architect, a licensod_ contractor, a licensed engineer, a licensed electrical contractor, a lizensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a licensed residentia~ or building contractor and a licensed representatiTe from one of ~he other s~ecialty trades or professions requiring a Certificate of Cor,[~etency as provided in this Ordinance. This Section is merely directory anJ failure to have a member of each cf 5base trades shall not be grounds for voiding any action of the Board. All r~embers of the Contractors' Licensing 3oa[d shall be permanent residents and electors of Collier County and shall serve wi%hou~ ~ompensation. Me,ers may be reimbursed for such travel, mileage and per diem expenses as may be au%hc, rized, in advance, by the Collier County Board of County Co~',issioners. 3.1.2. All initial aRpolntmenss of a member shall be for a term of three (3] years except may otherwise De authorized in Ordinance No. 86-41, as amended from time to time. ~ ' Liccnsing 5eord shall be zo pr~nt!y Words underlined are deleted. -43- added; words struck through are a ~crm cf thrc: (3) ye*ors. A ~ember ~.ay be reappointed by the Collier Coun%y Board of County Commissioners in accordance with Collier County Ordinance Uo. 86-41, as it may be amended from time 3.1.3. A member of the Contractors' Licensing Board may be removed from office for any cause by a majority vote of the Collier County Board of County Co~,issicners. If any member fails to attend two of three successive bo;3rd meetings without a satisfactory excuse and witho'nt prior approval of the chairperson of the Contracsors' Licensing Board, the Contractors' Licensing Board shall request that the Collie~ County Board of County Commissioners declare the meter's office vacsnt and promptly fill the vacancy. 3,1.4. Any vacancy occurring during the unexpired term ot~ ~t=~ce~ of any member of the Contr,]ctors' Licensing Board shall be filled by ':he Board of County Commissioners. An appointment to fill a vacancy shall be for the remainder of the unexpired term of 3.2. Internal Operating Procedures. 3.2.1. The Contractors' Licensing Board shall elect a chaizperson and ';ice chairperson from it5 me,"Lbership. 3.2.2. ~eting~. 3.2.2.1. The Contractor~,' Licensing Board shall hold ~t least four meetings per year. Words underlined are added; .-~ords struck through are deleted. 3.2.2.2. Upon the req,~est of the Contractor Licensing Supervisor, or his desi,~nee, or at such other times as may be necessary, the chairperson of the Contractors' Licensing Board rand, in ~i5 absence, the vice chairperson or, in the vice chairperson's absence, the temporary chairperson elected by majority vote of the member£ of the Contractors' Licensing Board) may call hearings of the Contractors' Licensing Board. Hearings r~ay also be called by written notice signed by at least three (3) members of the Contractors' Licensing Board. At any hearing, the Contractors' Licensing ~oard may se% a future hearing date. !4inures shall be kept of all meetings and hearings and all meetings and proceedings shall be open to the public. 3.2.2.3. Five me,%ers shall constitute a quorum for any meeting, and a majority vote of those present shall be required to make any decision. 3.2.2.4. The Collier County Board of County Com~,issioners shall provide such clerical and administrative personnel and legal services as may be reasonably required by the Contractors' Licensing Board for the proper performance of its duties. 3.2.2.5. The County Attorney, or his designee, shall either be counsel for the Contractors' Licensing Board or shall represent the County by presenting cases before the Con~ractors' Licensing Board, but ]n no case shall the County Attorney or his designee serve in Doth capacities for the same case or at the same time. 3.3. Duties and Powers of the Contractors' Licensing Board. 3.3.1. Upon reference b'/ the Contractor Licensing Supervisor or petition by an appli.:ant, the Board shall have the power to determine the qualifications q,f applicants for the various ca'~egories of contractors' Certificate~ of Competency as measured by standards ~]tated in t?~is Ordinance. 3.3.2. The Board shall have the power to hold hearings to determine if a contractor or a journ~yman possessing a Collier County/City of ~laples Certificate of Competency, or a State --45- Words underlined are added; words struck throug_~ are deleted. certified c,,ntractor doing business in Collier County, sho~ld be disciplined pursuant to Part Four ol this Ordinance. It shall be the duty of the Contractor Licensinq Supervisor to initiate d].scip!inary proceedings. ~I,3 member of the Contractors' Licensing Board shall have the power to init/ate disciplinary proceedings in his/her capacity ag a member of the Contrastors' L:cens~ng Board. 3.3.3. The Contractors' Licensing Board shall have the power to aComt such policies, rules and regulations as it deems ne:essar7 to carry ~ut the duties of the Board in accordance with the provisions and intent of this Ordinance. Said p~licies, rules and regulations, when and if reduced to writing, shall be filed with the Clerk to the Board of the Collier County Board of County Com~dssioners. 3.3.4. The Contractors' Licensing Board shall farther have the power a. Hold hearings; b. Take testimony under oath; c. Ado~t rules and ~egulations for the conduct ,of its hearings; d. Discipline contractors or journeymen holding Collier County/City of ~lapies Certifioates of Competency or State certified contractors doing business in Collier County or the C~ty of Naples pursuant to Part Four of this Ordznance; e. Issue decisions, findings of ~act, conclusions of law, impose disc:plinary sanct~on~, and issue orders to carry out the provisions of this Ordinance. 3.3.5, The Con~ractors' 1.2cen$ing Board shall also have all other powers granted to said Board by Florida law. 3.3.6. The Contractors' Licen::ing Board shall have the power to make recommendations to the Boated of County Commission regarding amendments to this Ordinance end shall review amendments to th,!: Ordinance proposed by County start. Pk~T FOUR: STANDA~,DS OF CONDUCT A~ DISCIPLIne. Words underlined are added; ,::rds struck deleted. 4.1. Misconduct - Colli.r County/City of Naple~ C~rtificate of Comp. t~ncy The following ac%ions by a buick:- of a Ccl!ier County/City of Naples Certificate of Competency nh&fl constitute misconduct and grounds for ~iscipline pursuant tc Section g.3 of this Ordinance: 4.i.1. Mncwlngly ccmbinin~ or conspirin~ with an unlicense~ contractor bf a!lowin~ o~e's Certificate cf Competency to be used by ar. u~licensed contractor with intent to evade the pr©';i$ions cf t?~is Ordinance. When a license~ contractor acts as the qoaiify~ng agent for any firm without first making application under this Ordinance to represent said flrm, such act shall constitute prima facie evidence of intent to evade the provisions of this Ordinance. When a certificate holder allows his certificate to be used by cna or more c~>mpanies without having any active participation in the operations, management, an~ control of such compani,~s, such act constitutes prina facie evidence of an intent to evade the provisions of this Ordinance. Active participation requires job site supervision, knowledge of and participation in the business operaticn~ of the company(s), including al] contractual matters. 4.1.1.1. If any individual qualifying any business organization ceases to be affiliated with such business organization, he shall so info:m the 5oard. In addltlcn if such individual is the only certl[ied inJ~'zi<:ual affitiate~ with the business organization, the business crVanization shall notify the Bcar~! of ~he individual's terminatizn and snail have no more than sixty (60) days from the date of termination of the individual's aff] liation with the business organization in which to affiliate with another person certified under the provisions cf this article. In a~'~y event, the business organization shall not enter into any new contracts and may not engage in any new contracting until such time as a qualifying agent is employed. 4.1.2. Contracting to do any work outside of the scope of bls/her cc~r. pe[ency as listed on his/her competency card and as Words underlined are added; deleted. -47- words struck through are defined in ~.his Ordinance or as restricted by the Contractors L~-cen ~ing Board. 4.1.3. Abandoning a construction project, ir: which he/she ls engaged or under contract as a contract_or. A project may be presumed abandoned afteT--~-.~?t?--'~r~9.4--46-ye~ ~b~e~:__~s~-~.~ .3 if ~he ~f~~-3~ terminates %he_~.ect without just cause~ cr falls to :]otiS2 the owne~ in wri~in~ of [err~ination of the contract and basis for same, or falls %o perform work for ninety (90) consecu%i-/e days without just cause and no said notice to the o;;:le r. 4.1.4. Diverting funds or property ~'ce'' ~, fc ~-. lz_~ r the executicz cf a s~ec~ fic contract project or operation or diverting funds earmarked for a specified purpose to any other use whatsoever. 4.1.5. Departing from or disregarding in any material respect the plans or specifications of a construction job without the consent of the owner or his duly authorized representative. 4.1.6. S~t~r~u~-~t~'e'~)/c~J'~ Disregards or violat~_~ ~, in the performance of his contracting business in Collier County, any of the building, safety, health, insurance or Workers' Comp~nsation laws of the State of Florida or ordinances of this County. 4.1.7. Falsifying or misrepre~enting any material fact in hJs application and supporting papers for the purpose of obtaining a Certificate of Competency under this Or¢linance. 4.1.8. Co~itting mismanagement 0£ misconduct in the practice of contracting that causes f~nanciai harm to a customer. Financial mismanagement or misconduct includes, but is not limited to, any of the following: 4.1.8.1. The contraczor fails to fulfill his/her contrartuai obligations to a customer because of inability, refusal or neglect to Day all creditors for mater~al furnished or work or services performed in the operation of the business for which he/she, is licensed, under any of the folio'wing circumstances: -48- Words underlined are added; words struck thron_9_~ de!eked. are a, Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by paym, entcr by bond, within 30 days after the date o£ such liens; bm The contractor i~as ~Dandoned a customer's ]ob and the percentage of corpieticn is less %hah the percentage of the total contract price pa~d to the con%factor as of the time of abanaonmen~, unless the contractor is entitled to retain such funds under the term5 of the conErac~ or refunds the excess funds within 30 days after the date the job is abandoned~ c. The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than tz]e original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. 4.1.9. Performing any act which assists a person or entity in engaqing in the prohibited unl]censed practice of contracting, if the licensed contractor knows cr should have known that the person or entity was unlicensed. 4.1.10. ~ailing to promptly correct faulty workmanship or promptly rep]ace faulty materials ins%ailed contrary to the provisions cf the construction contract. Faulty workmanship means work that is not co,~enced, :lot continuc~, or not completed in accordance wi~h ~11 specifications of th~ a~licabie wrftten a_~reement. Faul~ workmanship includes any material flaw(s) in the Words underlined are added; deleted. -49- struck throuqQ are quality and/or ouantit'f of the unfinished or finished work product, including any item that does not function ~roperly as a Dart of the entire project. If there is no written agreement provision recardin~ the specific faulty workmanship issue, fauit_y~ workmanship exists if the work, process, product or part thereof does not meet 9enere!iv ac~_~e~t~d ..?_~tandards In Coi_.l_____r~r___un_~_v__in radatron to the entire ~rc]ect. Fault'£ workmanshic does nc.t ~nclude mat'_ers of esthetics unless the estheticaily_ related ite:,~ clea:iy violates a written ccntrac'_ specificasion directl7 relate.~ thereto. 4.1.11. Failure to maintain at al! times, witn an insurance corpar.7 authorized %0 do b~slne£s in the State of Florida, the limits cf liability and other categories of ~nsurance as required by this Ordinance. 4.1.12. Falling tc claim or ::efusin'~ zo accep~ certified mail Jirected to the contractor by the Contraczors' Licensing Board, or its designee. 4.1.13. ?ailing to maintain a current mail,nS address. 4.1.14. Failing to appear In person or through a duly authorized representative at any scheduled hearing on a complaint filed against the contractor. 4.1.15. Being convicted or found guilty, regardless of adjudication, of a crime in Collier County which directly relates to the practice of contracting or the ability to practice contracting. 4.1.16. Allowing another tc take a qualifying examination cn the applicant's behalf. 4.1.17. Engaging in contrac~zng business ~n Coiiier County or the City of Naples when prohibited from doin~ so by the Contractors' Lic,~nsing Board of Collier County. 4.1.18. Proceeding on any jcs without obtaining appizcab!e permzts or inspections f~om the City of Naples Building and Zoning Division/Collier County Buiiczng Review and Permitting Department. Words underlined are added; words struck throuq_~ deleted. are 4.1.19. Failing in any material respect to comply with the provisions of this Ordinance as a contractor or as a qualifying agent for a but~iness entity engaging in contracting. 4.1.20. Signing a statement with respect to a project or contract falsely indicating that the work is bonde~; falsely indicating that payment has been made for subcontracted work, iabot, or materials ~thich results in ~ financial loss to the owner, purchaser, cr contracto~; or falsely indicating that Workers' Compensation and public liability insurance are provi~eG. 4.1.21. Failure of a qualifying agent for a firs/legal business entity to comply with the requirements set forth in Sections 489.119 and 489.1195, Florida Statutes. 4.1.22. Falsifying or misrepresenting any material fact to another person with the intent cr for the purpose of engaging in the contracting business, providing materials or services, or soliciting but;incas for an employer, as a contractor, or as an employee, regardless of any financial consideration. 4.1.23. Failing or refusing to provide pro~pf of public liabil].ty and property damage insurance coverage and workers compensation insurance co';erage. 4.1.24. ~isconduct in the practice of contracting (See section 4.2, below). 4.2. ~4i,conduct - State Certified Contractor~ The following actions Dy State Certified Contractors shall constitute misconduct and grout]ds for discipline pursuant to Section 4.3 of this Ordinance. 4.2.1. Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage. 4.2.2. Willfully violating the applicable building codes or laws of the state, City of ~'~aples or Collier County. 4.2.3. If the Board finds through the public hearing process that 5he contractor was found guilty in another county or municipality within the past twelve (12) months, of fraud or a willful building code violation and find~ that such fraud or Words under~ined are added; words struck through are deleted. violation is fraud or a violation if committed in_Collier County or the City cf Naples. 4.2.4. Fraud. 4.3. Disciplinary Procsedingsi including Minor Violations. 4.3.1. There are three (3) categories of violations: (i> Viclatior. s of subsection 489.127{1), F.$.; Violations of subsection 4%9.132(1), F.S.; and (iii) other violations within the jurisdiction of the Contractor's Licensing Board. a. Subsection 489.127(1), F.S., is incorucrated herein. {Lack of reuuired license, certificate, or registration) . The fcllowinc are desiunated to enforce subsection 487.i27¢1), E.S.: Collier County B~ildinu Official, all License Compliance Officers, the Chief Building inspector, Chief Electrical ~ ~ ~t r, nsp,~.o. Chief Piurbinc/Mechanical Mechanical, and/or other inspectors authorized from time-to-time by the Building Official. Procedures specified in this Ordinance shall apply e×cept to the extent, if any, that Section 489.127 or Section 489.132, m~y require different procedure(s). The penalties for each uncontested violation of subsection 48~.127(1} and/or 489.132~1), F.S., are ~hree hundred ($300) dollars for the first uncontested violation and five hundred dollars ($500.00, for each ~ubsequent uncontested violation by the same individual or entity. Penalties for contested violations of subsection 489.127(1), F.S.~ are as now or hereafter specified in Section 489.127, F.S. Penalties for con~ested '/io]ations of subsection 489.132(1), F.S., are as now or hereafter specified in Section 489.132, F.S. The Citation form attached hereto as Exhibit "A" is approved, which form may be amended from time-to-time by Resolution of the Board of County Co~rmissioners. b. Minor Violations: The Contractor Licensinc S~ervisor or designee shall issue a "Notice of Noncompliance" as the County's first response to a minor violation of any provision of any regulator_~ law, including this Ordinance, when (i) it is reasonable for Staff to assume that the violator, at the time of violation, was not aware of the provision that was violated or it can be assumed that it was not clear to the violator how to comply Words underlined are added; words struck throu~ are deleted. with the violated orovision; and (ii) that violation has not then resulted in economic harm or physical harm to any person; and (iii) the violation has neither adversely affected the public health, saf~y, or welfare, nor created any significant threat of any such adverse affect. The Notice of Noncompliance should iCentify, the specific Drc';ision that was viclate~, should Drcvide information on now to comDi'/ with that provision and should specify a reasonable time for full compliance. The Notice of ~loncomDiiance shall not be accompanied ~ith any img, ediate threat of any monetary fine or an'z other disciplinary penalty, but may s~e..cify that failure of the violator to correct the violation within the time specified in the ~;otice for Compliance may result in disciplinary proceedings. Each '/~olation thet is not a "minor" violation is a "major" violation. c. ~4ajor Violations. The Con,fac%or Licensing Supervisor, cr his designee, may initiate disciplinary proceedings against a licensed contractor for major violations of this Ordinance by filing a sworn complaint with the Clerk to the Collier County Board of County Commissioners. 4.3.2. Any person who believes that a contractor holding a Certificate of Competency has violated this Ordinance may submit a sworn complaint to the Contractor Licensing Supervisor, or his/her designee. The complaint shall be in substantially the form prescribed by the Contractor Licensing Supervisor. The complainant shall pay a fee of $50.00, to defray the costs of administering the complaint, at the time of filing the complaint. The complaining party shall state with particularity which section(s) of this Ordinance he or she believes has been violated by the contractor and the essential facts in support thereof. 4.3.3. Upon the submission of a sworn complaint, the Ccntr~ctcr Licensing Supervisor, or hi£/her designee, shall conduct a preliminary investigation and determine whether the complaint submitted warrants the filing of formal charges. If charges are warranted, the Contractor Licensing Supervisor, or his/~.er desiqnee, shall file the complaint with the Clerk tc the Collier Count>, Board cf County Commissioners and shall send, by certified -53- Words under~ined are added; words struck through are deleted. 12C2 mail, return receipt requested, a letter to the licensed contractor at his local address, or if applicable the local agent's address, as shown by the records of the Contractors' Licensing Board, enclosing a copy of the complaint and indicating: a. The name of the complainant; h. The date(s) of the co~,ission of the alleged offense(s); c. The section(s) of this Ordinance alleged to have been violated; d. The range of disciplinary sanctions which may be imposed upon any contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the event said Board finds a violation of this Ordinance to have occurred; e. The date, time and place at which the contractor shall appear before the Contractor's Licensing Board for a hearing regarding the complaint. The date scheduled shall not be sooner than twenty (20) days from the mailing date of the certified letter. 4.3.3.1. The notice of hearing required by this Section may, in the alternative, be accomplished by hand delivery of said notice to the contractor by t~e Contractor Licensing Supervisor, or his/her designee, or by leaving said notice at the contractor's business or usual place of residence with some person of his/her family over- 15 years of age and informing such person of the contents of the notice. 4.3.3.2. As an alternative to providing not~ce as set~ forth above, at the option of the Contractor Licensing Supervisor, notice may be furnished to the contractor by publication as follows: a. Such notice shall be published once during each week for four (4) con£ecutJve weeks (four publications being sufficient) in a ne~,'spaper of -54- Words underlined are added; words struck throuqh deleted, are general clrculatlon in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements; b. Proof of publication shall be made as provided in Sections 50.04i and 50.05t, Florida Statutes. Notice Dy publication may run concurrently with, or may follow ar] attempt or attempts ts provide notice by hand delivery or by mai! as required by this Section. 4.3.3.3. Although not required to prove that notice was provided, evidence that an attempt has been made to hand deliver or mail notice as provided in this Section, together with proof of publication as provided in Subsection 4.3.3.2, shall be sufficient to show [hat the notice of hearing requirements of this Section have been met, without regard to whether or not the alleged violator actually received such notice. 4.3.4. Conduct of hearing. 4.3.4.1. A hearing shall be held concerning the complaint and it shall be open to the public. 4.3.4.2. The proceedings at the hearing shall be recorded and may be transzribed at the expense c~ the party requesting the transcript. Any party m~y have a court reporter present at the hearing at his\her own expense. Neither Collier County nor the Contractors' Licensing Board shall be responsible for any failure of recording equipment during the conduct of the hearing. 4.3.4.3. Each case before the Contrartors' Licensing Board shall De presented by the County Attorney, an Assistant County Attorney, or by a ~ember of the County staff. ~ega~ding matters under the jurisdiction of the Contractor's Liceusing Board, the Building Official is authorized to issue subpoenas to the ~reatest extent then allowed by law, includin~ Sect]on 162.0~, F.S. Words underlined are added; deleted. -rS- words struck throuq~ are 4.3.4.4. Assuming proper notice of the hea~ing has been provided to the contractor as provided in Section 4.3.3 of this Ordinance, a hearing may proceed in the absence of the contractor. 4.3.4.5. The Contractors' Licensin~ Board shall proceed to hear the cases on the agenda for that day'. All testimony shell be under oath and shall be recorded. The Contractors' Licensing Board shall hear testimony from the Contractor Licensing Supervisor, or his/her designee, from the contractor alleged to be in violation of this Ordinance, and from such other witnesses as may be called by the respective parties. 4.3.4.6. Formal rules of evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded; but all other evidence of a type conunonly relie~ upon by reasonably prudent persons in the conduct of their affairs shall be a~missible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used for the purpose cf supplementing or explaining any evidence but shall not be sufficient, by itself, to support a finding unless such hearsay woul~ be admissible over objection in civil actions in court. The ~ules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. 4.3.4.7. Any mer~ber of the Contractors' Licensing Board may question any witness before the Board. Each party to the proceedings sha]! have the right to call and examine witnesses; to introduce exhibits; to cross-examine witnesses; to impeach any witness regardless of which party called the witness to testify and rio retut any evidence presented against the party. 4.3.4.8. The chairperson ~)r, in his/her absence, the vice chairperson, shall have all powers necessary to conduct the proceedings at the hearing in a full, fair and impartial manner and to preserve order and decorum. Words 9nderlined are added; words struck through are deleted. 4.3.4.9. At the conclusio~ of [he hearing, the Con%rectors' Licensing Board sha~l issue findings of fact based on evidence of record and conclusions of law; impose disciplinary sanctions, if warranted; and shall issue whatever order is necessary and proper to dispose of the complaint in accordance with this Ordinance and Florida law. Said findi~]gs of fact, ccnciusions of law, disciplinary sanctions, if any, and any related order shall constitute the decision of the Contractors' Licensing Board on the case heard before the Board. 4.3.4.10. The decision of the Contractors' Licensing Board shall be stated orally at the hearing and shall be reduced to writing and mailed to the parties within ~-~ 30 days after the hearing. The findings of fact and conclusions of law, disciplinary sanctions, if any, and any related order shall be made by motion approved by a majority of the members of the Contractors' Licensing Board who are present and voting. The decision of the Board shall be effective upon being stated orally at the hearing, unless the Board orders otherwise. The decision of the Board shall, be filed with the Clerk to the Collier County Board of County Cor~nissioners promptly after said decision is reduced to writing. 4.3.4.11. Should the Contractors' Licensing Board be unable to issue a decision immediately following any hearing because of quest%ons of law or other matters of such nature that a decision cannot be i~,~ediateiy made, the Board may withLold issuing its decision un%il a subsequent meeting. In such case, further ~iscussion of the pending matter and all deliberations relating thereto by members of the Contractors' Licensing Board shall take place only at a public meeting of the Board. The Board shall thereafter issue its decision pursuant' to Subsections 4.3.4.9 and 4.3.4.10 of this Ordinance. 4.3.5. Disciplinary Sanctions, 4.3.5.1. Holders of Collier County/City of ~aples Certificates of Competency. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a contractor, within the meaning of Section 4.1 of this Ordinance, -57- Words underlined are added; words struck through are deleted. said Board may, but. shall not be required to, impose any o~ the following enumerated sanctions, alone or in combination: a. Revocation of a Collier County/City of Naples Certificate of Competency; b. S~]spension of a Collier County/City of Naples Certificate of Competency; c. Denial of the issuance or renewal of a Collier County/City of Naples Certificate of Competency; d. A period of probation of reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the s']pervision of the Contractors' Licensing Board; and/or participation in a duly accredited program of continuing education directly related to the contractor's contracting activities. Any period of probaticn or continuing education program ordered by the Contractors' Licensing Board may be revoked for cause by said Board at a hearing noticed to consider said purpose. The contents of said notice shall be substantially as provided for in Section 4.3.3 of this Ordinance. Service of said notice shall be as provided in Sections 4.3.3 and 4.3.3.1 of this Ordinance. Evidence that either of these methods of service have been utilized shall be sufficient to skow 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; f. A fine not to exceed $5,000; g. A public reprimand; h. Re-examination requirement; i. Denial of the issuance o~ Collier County or City of Naples building permits or requiring the issuance of permits with specific conditions.; ~ord$ underlined deleted. -5~- are added; words struck through are of Competency. ,3. ] 2C2 Reasonable investigative and legal costs for the prosecution of the violation. 4.3.5.2. Hold. tm of State of Florida Certificates if, after hearing, the Contractors' Licensing Board flncs that there has been misconduct by a State certified contractor, within the meaning of Section 4.2 of this Ordinance, said Board may deny the issuance of Collier County /City of Haples building permits or require the issuance of permits with specific conditions. b. Notification of and information concerning such permit denial shall be submitted to the Florida Department of Business and Professional Regulation within 15 days after the Contractors' Licensing Board decides to deny the permit. 4.3.5.3. When imposing any disciplinary sanction on a contractor or a person holding a Certificate of Competency or a state certified contracto£ who has been found to have violated this Ordinance, the Contractors' Licensing Board shall consider all the evidence presented at the hearing as well as: a. The gravity of the violation; bo The impact of the violation on the public health, welfar,3 or safety; c. Any actions taken by the violator to correct the violation; d. Any previous violations co~,ltted by the violator; e. Any other evidence presented at the hearing by the parties relevant as tc the sanction which is appropriate for the case given the nature of the violation and the violator. 4.3.5.4. Any disciplinary sanctions imposed by the Contractors' Lxcensing Board shall be ef~iective upon being stated orally at the hearing unless the Board orders otherwise, all in accor~Jance wi~h S-ction 4.3.4.10 of this Ordinance. Wc~ds underlined deleted. -5S- are added; words struck through are organization's local license, and any fine the Contractors' Li,;ens~ng Board may impose, the Contractors' Licensing Board shall issue a recommended penalty for the State Construction Industry Licensing Board or if the ac=ion involves an electrical contractor or an a!ar~ contractor, the State Electrical Contractors' Licensing Board action, this recommended penalty may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the Construction Industry Licensing Board or Electrical Contractors' Licensing Board, or a combination thereof. The Contractors' Licensing Board body shall inform the disciplined contractor and the complainant of the local license penalty imposed, the penalty recommended, his rights to appeal, and the consequences should he decide not to appeal. The Contractors' Licensing Board shall, upon having reached adjudication immediately inform the Construction Industry Licensing Board or Electrical Contractors' Licensing Board of its_action and the recommended board penalty. 4,3,5.6 Fines and ~1 o~her monetary penalties may be collected a.~¢~i~posed as authorj3-.d by and ~ubiect %o Chapter &~9, F.S. Should any ~one~arv uer~l[r~Y__i_~_q~ed bv ~he Boar~ be paid wi~his the time specified by ~h= Board's Order, PART FIVE: RE-~E~ING ~ APP~LS OF DECISIONS OF THE COlleCTORS' LIC~SING BO~. 5.1. Rshearin~. 5.1.1. The contractor found [o be in violation of this Ordinance may re~es~ a rehearing cf any decision of the Contractors' Licensing Board. A re~est for rehearing shall be made in writing and shall be filed with the Clerk [o ~he Collier County Board of County Commissioners, and served cn any other parties, within twenty (20) days from ~he date of mailing of the Boa%d's written decision under Section 4.3.4.9 and 4.3.4.10 of ~his Ordinance. A reques~ for rehearing shall be based only on the ground that the decision was contra~ to the evidence or that ~he -60- Words MDderline¢ are added; words struck ~hrou~h are deleted. Board's written decision under Section 4.3.4.9 and 4.3.4.10 of this Ordinance. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the decision of the Contractors' licensing Board. The written request for rehearing shall specify the precise reasons therefor. The decision of the Contractors' Licensing Board w~ich is the subject of the rehearing request shall remain in effect throughout the rehearing procedure unless the Contractors' Licensing Board orders otherwise. 5.1.2. 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 meeting, reduced to writing and mailed to the interested parties within 4-Q 21 days after the decision is made. If the Contractors' Licensing Board determines it will grant a rehearing, it may: a. Schedule a hearing where the parties 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. Modify or reverse its prior decision, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Contractors' Licensing Board resulted from a ruling on a question of law which the Board has been informed by its counsel was an erroneous ruling. 5.2. A~peals. 5.2.1. The contr~]ctor found to be in violation of this Qrdinance ma}' appeal a decision of ~he £ontrac%ors' Licensing Board to the Collier County Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Contractors' Licensing Board. Any appeal shall be filed with the Circuit Court and served on the parties -61- Words underlined are added; words struck throuqh deleted. are within thirty {30) days of the mailing of the decision of the Board under Sections 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 Circuit Cour% and served on the parties within thirty (30) days of the mailing of the re--hearing decision under Section 5.1.2 of this Ordinance. 5.2.2. in the event that the contractor found to be in violation of this Ordinance should elect to appeal, a verbatim record and transcript of the proceedings shall be necessary. It shall be the sole respcns[biiity of said party to ensure that a record is mace form which a transcript may be prepared which includes the testimony upon which an appeal may be taken. Neither Collier County nor the Contractors' Licensing Board shall have any responsibility to provide a verbatim record transcript of the proceedings. SECTION TWO: CONFLICT ~ SEIrERABILITY. In the event this Ordinance conflicts with any other ordinance of the City of ~;aples or Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity o~ the remaining portion. SECTI~{ THREE: INCLUSION INTO THE CODE O~ LAWS ~ ORDINANCES. The provision of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier county, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish same, and the word "Ordinance" may be changed to "secticn", "article", or other appropriate word. SECTION FOUR: E~CTIVE DATE. -62- Words underlined are added; words deleted. struck through are This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary cf State. PASSED AND DULY ADOPTED by the 5oard of County Commissioners of Collier County, Florida, this __ day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY CO:~MISSIO~;ERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TI~OTHY L. HANCOCK, CHAIRMAN Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney -63- Words underlined are added; words deleted. struck through are ST. ? 12:~ '.5:59 I1:~ 11:5'? 15:22 11:Z3 11:45 12: 2~] 13:13 ~ 03' 22 14: ~ t'~" 03' 09:3.] :0:51 i~T' i~l ' 16 11:48 (]1~03'46 11:56 13:3'5 tE~01'59 [~8:7x9 ~]"02'22 TE;:~I ID: COLLIER CO O..E~, FCrX l'O.: .q417~4,94C8 ID 94 1997~3 ~I 5~7 69~4' 9414 34.~52 94l ?~74526: STATUC~ 591 0996 ~ 16~]696~ C~ OCT-EF?- ' 9~7 TLE P-9999 !2C2' ' 2 3 2 ICCll~. CO[4E g6CC~~,A 10 ~6EC~ 13 4 8 3 3 5 2 3 2 E6~15 E)68C~ 17 g68C~i 14 C6~C.~13 O~.4DC~IE g68:,~ 14 EY'..,SC~ 13 C68C~17 068C~13 ~C~O~A 11 ~8o88~ 10 E~3C~12 ~11 ~68C.~15 ~13 068C~15 068C~11 -- ~24 12:22 ~ ~' ~ ~ 1~393 -- 6~24 13:41 __ ~ ~:~ ~'~' ~ ~ 15:11 -- 1~1 15:~ ~'49 ~t ~ ~5 ~ 1~ 11:~ ~'19 -G~- --- 1~ 16:~ ~'~ ~3 8~5J TOT E6 Notice is hereby given fhcff on TUESDAY, OCTOBER 28, 1997, In ~ht Boardroom, 3rd Floor, Admlnls~ion Building, Collier CounW Government Center, 3301 Easl Tamiomi Troll, Naples, Florida, fhe Board of Coun~ Commissioners will consider the enactment of a Coun- ~ Ordinance. TI~ me,ting will commence of 9:00 A.M. The rifle of of the proposed Ordinance Is os follows: NOTICE OF INTENT RDINANCE AMENDING COLLIER COUNTY AN O NDED THE COL' O~D'NANCE ~L9' 90~~~RS' L,CENSlNO LIEN COUNTY RDINANCE, ADO "OR HIS DESIGNE~ BOARD O ' NS 147 1.4.8 S CT,O go. w SECOND .. LAPSe' A~c-u ~ ' ' ' · ~ n~,~g~cImY OF LICENSED JOUR~_~ ~.~.~.' ....... TRACTOR~' NEW SECTION ~.o.z.~.~ ' I POND WATERFALl,- FOUNTAIN CONTRACTORS; AMEND SE~CTION BY ADDING "REPAIR" AND RE- FERENCE ,'TO SECTION 487.0437, F.S.; ADD NEW SECTION 1L6.2.9.1 - SWIMMING POOL/SPA SERV- ICING CONTRACTOR~ AMEND SECTION 1.6.2.10 TO PROVIDE FOR RECIPROCITY OF LICENSED JOURNEYMAN IN PLUMBING TRADE; AMEND SECTION 1.6.2.11.1 TO PROVIDE FOR RECIPROCI- TY OF LICENSED JOURNEYMAN IN ELECTRICAL TRADE; /NMEND SECTION 1.6.3.6 TO EXPAND AUTHORIZ;E~-ACTIVITIES OF CARPENTRY CON- TRACTORS; DELETE SECTION 1.6.3.16 - ELEVA- TOR CONTRACTORS; AMEND SECTION 1.6.3.25 TO EExPAND AUTHORIZED ACTIVITIES OF LAND- PE CO TRACTORS; AMEND SECTION 1.6.3.27 SCA hi ,, "AND CLARIFY BY ADDIN,G LIFTS Al'iD DAVIT_S_' ....... ,~c _ CTRICAL WORK RESTRICTIUNb; ELE ME SET UP CON- SECTION 1.6.3.29 - MOBILE HO ACTOR~, DELETE SECTION 16 3.39 - S~PTIC TR ' T ~'CTION 1 6.3 48 K ONTRACTORS; DELE E · ' - TAN C ,, LLING CONTRACT_OR_..S'. DELETE . WELL DRi ~UMBERED - RAPH OF NEWLY RE/' LAST PA~AG__. '-',".~ REMOVAL AND TRIM- SECTION 1.6,:J,4~ - MING CONTRACTORS; AMEND SECTION 1.8 TO INCORPORATE APPROVED STATE APPRENTICE PROGRAMS; ADD "CERTIFICATE OF COMPE- TENCY'' TO SECTION 2.3; AMEND SECTIOHS 2.2.10 AND 2.3.12 BY ADDING "CRIMES OF MOR- AL TURPI;TUDE"; AMEND SECTION 2.5.3 TO AL_- LOW SUBSTITUTION OF RELEVANT, RECENT WORK EXPERIENCE IN LIEU OF EXAMINA- TIONS; A~MEND SECTION 2.7 TO D:SALLOW CREDIT FOR EXAM SCORES THAT ARE MORE THAN THREE YEARS OLD; AMEND SECTION 3.1.'i AND :3.1.2 RE: APPOINTMENTS TO 'FHE CON- TRACTOI~S' LICENSING BOARD; AMEND SEC- TION 4.1.3 TO CLARIFY "ABANDONMENT OF A CONSTRUCTION CONTRACT"; AMEND SECTION 4.1.6 TO iDELETE "SUBSTANTIALLY"; AMEND SECTION j4.1.10 TO CLA. RIF.'Y'. COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Sue Barbireftt, Deputy C~erk (SISAL) October 12 MANSHIP~'; ADD SECTION 4. I.Z4 I ~ ~r"r"l... , ,,-, COUNTY :CERTIFIED CONTRACTORS ALL MIS- CONDUCI' STANDARDS THAT APPLY TO STATE CERTIFIED CONTRACTORS; ADD A N_~_W~_..:%.U.,B,: CTION 43 l(o) TO IMPLEMENT 5E~(.llUr~ SE ' ' F,S RE' jURISDICTION OVER 489 127 AND 489.132 · · - D LI- VIOLATORS WHO DO NOT HAVE REQUIRE CENSE, CERTIFICATE OR REGISTRATION AND SPECIFY PENALTIES; ADD NEW SECTION 4.3.1.b RE: MINOR VIOLATIONS; A/NM:ND SECTION 4.3.4.3 re: ISSUANCE OF SUBPOENAS; AMEND S.ECTION 4.3.4.10 TO EXTEND THE DEADLINE RE. WRIT- TEN ORDERS FROM 15 DAYS TO 30 DAYS; ADD SECTION 4.3.5.6 RE: FINES AND OTHER MONE- TARY SANCTIONS; AMEND SECTION 5.1.2 TO EX- TEND THE DEADLINE FOR ISSUING WRITTEN DECISIONS ON REHEARING; AMEND SECTIONS 1.6.4, 2.1.5, AND~.~.18 TO UP-DATE JOB AND/OR DEPARTMENT~J:ITLES; PROVIDE FOR CONFLICT ]L~' AND SEVERABILITY; PROVIDING FOR INCLU- SION INTO THE CODE OF LAWS AND ORDI- NANCES: PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file wlfh ~he Clerk to the Board and are available for tnspection. All irderested parties are lnvtfed ~o offend and be heard. Any person who decides fo appeol a decision of B~:lrd will need a record of fhe proceedings periainlng there*o and fherefore, may need *o ensure thai a ver- I~ttrn record of fhe proceedings Is mode, which record includes fhej~e.s*imony and evidence upon which appeol Is based. BOARD OF COUNTY COMMISSIONERS No. 1078116 1 ?C2 "" ORDINARCE NO. 97- 68 AN ORDINANCE AMENDING COLLIER COUI~TY ORDINANCE NO. 90-105, AS A~4~{DED, THE COLLIER COUI{TY CO~q~ACTORS' LICENSING BOARD ORDINA~CE; ADD "OR }{IS DESIG~EE" TO SECTIC~] 1.4.3; ~/)D NEW SECTIONS 1.4.7, 1.4.8 AND 1.4.9 RE: ALLOWING CERTIFICATES TO LAPSE; AME2rD SECTION I. 6.2.6.1 TO pI~OVIDE FOR RECIPROCITY OF LICENSED JOURNEYM~N IN ~ECHANICAL TRADE; AM~R~ SECTIONS i. 6.2.7 A/~D 1.6.2.8 TO EXPAND AUTHORIZED ACTIVITIES OF POOL/SPA CONTRACTORS; ADD NEW SECTION 1.6.2.8.1 - NON- RECR~AT I C~U%L PO~rD WATEP~FALL FOUNTAIN COtVfRACTORS; A/~E~D SECTION BY ADDING "REPAIR" AND REFEPdSNCE TO SECTION 487.0437, F.S.; ADD NEW SECTION 1.6.2.9.1 - SWI}4MING POOL/SPA SERVICII~G CONTPJ~CTORS; A/~END SECTION 1.6.2 . 10 TO pROVIDE FOR RECIPROCITY OF LICENSED JO%FKNE~ IN PLUMBING TRADE; AMEND SECTION 1.6.2.11.1 TO pRf)VIDE FOR RECIPP. OCITY OF LICENSED JOUP~rEYMAN IN ELECTRICAL TRADE; AM]SND SECTION 1.6.3.6 TO EXPAiN'D AUTHORIZED ACTI"VITIES OF C/%RPE/4"IqlY CONTRACTORS; DELETE SECTION i . 6.3.16 - ELZ%rATOR COI]TtlACTORS; A/4E~D SECTION 1.6.3.25 TO EXI~AND AUTHORIZED ACTIVITIES OF LANDSCDkPE CONTI~ACTORS; ~ SECTIC~ 1.6.3.27 BY ADDING "LIFTS ~2~D DAVITS" AI~D CLARIFY ELECTRICAL WORK pF. STRICTIONS; DELETE SECTION I. 6.3.29 - MOBILE HfYM~ SET UP CONTRACTORS; DELETE SECTION I. 6.3.39 - SEPTIC TANK CONTRACTORS; DELETE SECTION 1.6.3.48 - WELL DRILLING CONTI~3%CTORS; DELETE LAST pAP, AGIRA~PH OF NEarLY REN/3~BERED SECTION 1.6.3.48 - TREE REMOVAL AND TRIMMING CONTRACTORS; AMEND SECTION 1.8 TO INCORPOPJkTE APPROVED STATE Ap pP, E~T I CE pROG1RAMS; ADD "CERTIFICATE OF COMPETENCY" TO SECTION 2.3; A}{END SECTIONS 2.2 .10 AND 2 . 3.12 BY ADDING "CRlqRES OF MORAL TUP, PITUDE"; AM~/qD SECTIOI~ 2.5.3 TO AIg, OW SUBSTITUTION OF RELE%rANT, RECEIFT WORK EXPERIENCE IN LIEU OF EXAMINATIONS; AMEND SECTION 2.7 TO DISALLOW CREDIT FOR EXAM SCORES THAT A/%E ~XPRK THAN THR~E YEARS OLD; A~ND SECTION 3.1. i AND 3.1.2 RE: APPOI1T~S TO THE CO}VITJ%CTORS' LICENSING BOARD; A~4]~I~D SECTION 4.1.3 TO CLARI~"f ~'ABA~DO~T OF A CONSTRUCTION CO~rTRACT"; A/{E}ID SECTIO}~ 4.1.6 TO DELETE ,,SUBSTANTIALLY"; AM]~D SECTION 4.1.10 TO CLARIFY "FAULTY WORKMANSHIP"; ADD SECTION 4 . 1.24 TO A~PLY TO COU~'TY CERTIFIED CONTRACTORS ALL MISCONDUCT STA/~DTdlDS THAT A~PLY TO STATE CERTIFIED CON"TRACTORS; ADD A NEW SUBSECTION 4.3. I (&) TO IM]PLF, M~T SECTIONS 489.127 AND 489.132 F.S. RE: JURISDICTION (YVER VIOLATORS W/{O DO NOT HAVE REQUIRED LICENSE, CERTIFICATE OR REGISTRATION AND SPECIFY pKNALTIES; ADD NEW SECTION 4.3.1 .b RE: MINOR VIOLATIONS; AMEND SECTION 4.3.4.3 re: ISSUANCE OF SUBPOKNAS; AM]~iqD SECTION 4.3.4.10 TO EXTEND THE DEADLII~- RE: WRITTEN ORDERS FRC~ 15 DAYS TO 30 DAYS; ADD SECTION 4.3.5.6 RE: FINES AND OTHER MONETARY SA~CTIONS; A/qEND SECTION 5. I. 2 TO ~ THE DEADLINE FOR ISSUING WRITTFLN DECISIONS ON REHEA/~ING; AMEND SECTIONS 1.6.4, 2.1.5, AND 4.1.18 TO UP-DATE JOB AND/OR DEPARTMENT TITLES; PROVIDE FOR CONFLICT AND SEVERABILITY; pROVIDING FOR -i- Words underlined ar'-~ added; worJs struck throuqh are deleted · INCLUSION INTO THE CODE OF LAWS A}~ ORDINANCES; pROVIDING ~N EFFECTIVE DATE. W~, local regulation of certain type of contractors is in the best interests of the citizens of Collier County to protect the public health, safety and welfare; and WHERF-AS, amendments have recently occurred to Florida Statutes pertaining to the regulation of contractors which require certain revisions to this ordinance; and w~, other provisions of this Ordinance are being amended solely at the discretion of the Board of County Commissioners to clarify issues or to solve or alleviate problems being experienced by affected tradesman in collier County, which discretionary amendments have been recommended to the Board of county Staff. NfT6, THERE~RE, BE IT ORDAINED BT THE BOARD OF COUNTY CC~4ISSIONER~ OF COLLIER COUN~, FLORIDA that: SECTION ONE: ORDINANCE NO. 90-105, AS AMENDED, IS HEREBY AME/qDED AS FOLLOWS: PART O~: CERTIFICATES OF C(]~E~CX R~QUIRED. 1.1. Unlawful to Contract without a Certificate of Couq~etency. It shall be unlawful for any person, firm, partner- ship, corporation or other legal entity to: <ngage in any construction contracting business, advertise or repre[~ent himself/herself or a business organization as available to engage in any construction co~tracting business, er act in the capacity of a contractor or subcontractor for any of ~he trades listed in Section 1.6 of this Ordinance, within the unincorporated area of Collier County and the incorporated area within the boundaries of the City of Naples, without having first made application for and hav~ng been issued a current and valid Collier County/City of Naples Certificate of Competency or an applicable State Certified License. Nothing herein shall be construed to mean that there cannot be employees in a trade who are not qualified or certified within the definitions herein set forth if such empl.3/ees are employed by a licensed contractor who exercises supervision and -2- words underlined are added; words struck throug~ are deleted. control over said employees. Indicia of an employment relationship shall include the employer's regular payment of wages and compensation, FICA deductions, tax withholding and provision of Workers' Compensation to the employees, all as prescribed by law. 1.2. Building Per, ts. 1.2.1. No building permit shall be issued for the construction, alteration, or repair of any structure unless the applicant for the permit possesses a current Collier County /City of Naples Certificate of Competency, an applicable State Certified License, or is exempt from the operation of this Ordinance. 1.2.2. It shall be unlawful for any owner-builder to procure a building permit and to use said permit with the intent to aid or abet an unlicensed contractor to perform the permitted construction, alteration, or repair. Such conduct shall be punishable as a violation of this Ordinance and the permit and inspection shall be considered invalid for that portion of the construction related to the violation. 1.3. Exemptions. 1.3.1. Owner-Builders. Owners of property when acting as their own contractor and providing all material supervision themselves, when building or improving farm outbuildings or one-family or two-fan[ly residences on such property for the occupancy or use of $~3ch owners and not offered for sale or lease. In all action:3 brought under Section 1.i of this Ordinance, proof of the sale or lease, or offering for sale or lease, of a structure by t~e owner-builder within 12 months after issuance of a Certificate of Occupancy is prima facie evidence that the construction was undertaken for pur~oses of sale or lease. This does not exempt any person who is employed by such owner and who acts in the capacity of a contractor. ?his exemption does not apply to any type of commercial building. To qualify for exemption under this Subsection, an owner must personally appear and sign the building permit ~pplication. An owner-builder will be issued a maximum of one (1) owner-builder permit for the construction of a one-family or two-family home in any three (3) year period. An Words underlined are added; words struck throu~ are deleted. 12C owner-builder applying for or receiving more than one Building Permit for the construction of a one-family or two-family home in any three (3) year period shall be prima facie evidence of building/contracting without a license which is a violation of this ordinance. 1.3.2. Public Works. The provisions of this Ordinance shall not apply to: any construction, alteration, improvement, or repair carried on within the limits of any site the title to which is in the United States or with respect to which federal law supersedes this Ordinance; or to an authorized employee of the United States, this State, or any municipality, county, or other political subdivision if the employee does not hold himself out for hire or otherwise engage in contracting except in accordance with his employment. 1.3.3. Psrsons Holding Current State Certifi-d Certificates of Com/~etenc-y. Any person holding a current State of Florida Certified Certificate of Competency is exempt from obtaining a Collier County/City of Naples Certificate of Competency for that trade for which he/she is certified by the State, unless a local license is also required. Such person is required to possess a current occupational license issued by the Tax Collector of Collier County, and his/her performance as a contractor shall be subject to all other requirements of this Ordinance not in conflict with applicable Florida law. 1.4. Ren.wal of Certificates of Competency. 1.4.1. Certificates of Competency shall expire annually at midnight on September 30th of each year. 1.4.2. The Contractor Licensing Supervisor shall direct the mailing of renewal notices to all licensed contractors at least one month prior %o the expiration date of the licenses. 1.4.3. Applicants for renewal faust present the Contractor Licensing Supervisor or his/hel designe% with the following: A. Evidence of insurance as required by this Ordinance. words underlined are added; deleted. -4- words struck throu~ .h. are 12C 2' B. A current Collier County and/or City of ~laples occupational license, as applicable. 1.4.4. Any individual or business organization failing to renew his or its Certificate of Competency prior to midnight on September 3Cth of each year shall have until midnight December 31st of the same year to renew his or its Certificate of Competency, provided however, that in addition to payment of the standard renewal fee as required by this Ordinance, the applicant shall be charged a late fee in accordance with the schedule of fees and charges adopted by resolution pursuant to Section 2.1.5 of %his Ordinance. 1.4.5. Should September 30th or December 315t be a Saturday, Sunday, or legal holiday, the renewal period shall ncr expire until midnigh[ of the next working day. 1.4.6. Any individual failing to renew his Certificate of Competency prior to December 31st shall be required to make reapplication pursuant to Part Two of this Ordinance. 1.4.7 Any individual who fails to renew his/her Certificate of Competency prior to December 31 of the year in which it expires shall have a delinquent Certlficate of Competency~. 1.4.8 Any individual who renews his/her Certificate of Competency by Se:3tember 30 of the year following its expiration, but after December 31 of that year~ shall have a suspended Certificate anG thereby must pay an additional late fee in accordance wit~. the schedule of fees and charges adopted by Resolution pursuant to Section 2.1.5 herein, and must reapply in full inciudin~ ~_~pdated credit reports and all other documentation required in Section 2 herein, but no re-testing shall be required. 1.4.9. Any individual who fails to renew his/her Certificate of Competency prior to Dece~er 31 of the year following its expiration shall thereby automatically have a Certificate of Competency that is null and void. To acGuire a valid Certificate frcm the County the individual must_~/__%he then a_~plicable full a_.pplication fee in accordance with the schedule of fees a[~d charges ago~.te____q b_~y Besolution pursuant to Section 2.1.5 -5- Words underlined are added; words struck through are deleted. ~erein~ and must submit an entire new application. If, as of the date of receipt by the County of said new application, three (3) years have Fassed since the date of his/her most recent examination that the individual passed to acauire the former Certificate, that individual must pass all then applicable testing requirements. 1.5. Contractors' Identification Required on all Advertising Mediums. 1.5.1. All contractors licensed under the provisions of this Ordinance shall be required to firmly affix and/or to display the qualifier's Certificate of Competency Number and the "Doing Business As" Name cn all advertising mediums used by the contractor, including but not limited to, contracts, brochures, business cards and vehicles used in their trade or business. The minimum height of each number or letter affixed to and displayed on vehicles shall be two (2) inches. 1.6. Definitions and Contractor Qualifications. 1.6.1. Contractor means the person who is qualified for and responsible for the entire project contracted for and, except for those herein exempted, the person who, for compensation, undertakes to, or submits a bid to, or does himself or by others, any or all of the following construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related imp£ovements to real estate, for others, or for resale to others, as hereinafter defiaed in Sections 1.6.i through 1.6.3 of this Ordinance. 1.6.1.1. General Contracto= requires forty-eight (48) months e×perience with a passing grade on a slx (6) hour test and a two (2) hour tuslness and law test and means a contractor whose services are unlimited as to the type of work which he/she may do, excep~ as proviCed in this Ordinance. NOTE: Also see Secs. 1.6.2. 1.6.1.2. Building Contractor requires forty-eight (48) months experience with a passing grade on a six (6) hour test and a two (2) hour business and law test and means a contractor whose services are limited to construction of cou~ercial buildings and Words underlined are added; deleted. -6- words struck through are single-dwelling or multiple-dwelling residential buildings, which commercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. NOTE: Also see Sect. 1.6.2. 1.6.1.3. Pesidential Contractor requires forty-eight (48) months experience with a passing grade on a six (6) hour test and a two (2) hour business and law test and means a contractor who~e services are limited to construction, remodeling, 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. NOTE: Also see Sect. 1.6.2. 1.6.1.4. Contractor gu&lifications for practice and restrictions. A general, building, or residential contractor shall not be required to subccntract the installation, or repair made under warranty, of wood shingles, wood shakes, asphalt, or fiberglass shingle roofing materials on a new building of his own construction. Further, a general contractor on new site development work, site redevelopment work, mobile home parks, and com~,ercial properties, shall not be required to subcontract the construction cf the main sanitary sewer collection system, the storm water collection system, and the water distribution system, not including the continuation of u~ility lines from the mains 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 are to be considered a part of the main sewer collection and main water distribution systems. However, no general, building or residential contractor state certified after 1973, shall act as, hold himself/herself out to be, or adTertise himself/herself to be a roofing ccntractor unless he/she is certified or registered as a roofing contractor. Wcrds underlined are added; deleted. -7- words struck through are 1.6.1.5. A general, building, or residential contractor, except as otherwise provided in this part, shall be responsible for any construction or alteration of a structural component of a building or structure, and any certified general contractor or certified underground utility and excavation contractor may perform clearing and grubbing, grading, excavation, and other site work for any constrl]ction project in the state. Any certified building contractor or certified residential contractor may perform clearing and grubbing, grading, excavation, and other site work for any construction project in this state, limited to the lot on which any specific building is located. 1.6.1.6. A general contractor shall not be required to subcontract structural swimming pool work. 1.6.2. Subcontracting; SubcontractorI. A contractor shall subcontract the electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air conditioning work for which a local examination for a Certificate of Competency or a license is required, unless such contractor holds a Certificate of Competency or license of the respective trade category, as required by the appropriate local authority. 1.6.2.1. Sheet Metal Contractor requires twenty-four (24) months experience and a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person whose services are unlimited in the shee~ metal trade and who has the experience, knowledge, and skill necessary for the manufacture, fabrication, assembling, handlinG, erection, installation, dismantling, conditioning, adjustment, insulation, alteration, repair, servicing, or desiqn, when not prohibited by law, of ferrous or nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other mat.~rials, including, but not limited to, fiberglass, used in lieu thereof and of air-handling systems including the setting of air-handling equipment and reinforcement of same and including the balancing of air-handling systems. This definition and qualifications does not include roofing. Words underlined are added; deleted. -8- words struck throug~ are i20 1.6.2.2. Roofing Contractor requires thirty-six {36} months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any person whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing and roof waterproofing and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. 1.6.2.3. Mechanical Contractor requires forty-eight (48) months experience as a licensed Journeyman or equivalent, a passing grade on a six I6) hour test and a passing grade on a two (2) hour business and law test and means any person whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith; and to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, wacuum line piping, oxygen lines, nit[ous oxide piping, ink and chemical lines, fuel transmission lines, and natural gas fuel lines within buildings; to disconnect or reconnect power 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 Words underlined are added; deleted. -9- words struck through are 2.' approved disposal other than a direct connection to a sanitary system. 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 gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swim.ming pool piping and filters, or electrical power wiring. 1.6.2.4o Class A Air Conditioning Contractor requires thirty-six (3£) months 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 services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system, boiler and unfired pressure vessel systems and all appurtenances, apparatus, or equipment used in connection therewith; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to dlsconnect 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 system. %he 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. -10- Words underlined are added; words deleted. struck through are 1.6.2.5. Class B Air Conditioning Contractor requires thirty-six (36) months 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 services are limited to twenty-five (25) tons of cooling and five hundred thousand (500,000) BTU of heating in any one system in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air distribution system being installed under this classification; 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 e×isting safe waste or other approved dispo~:al other than a direct connection to a sanitary system. Ihe 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. 1.6.2.6. Class C Air Conditioning Contractor requires twenty-four (24) months experience as a licensed Journeyman or equlvalent with a passing grade on a six (6) hour test and a passing grade on a two (2) hour busine~s 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 systems he/she is servicing. Words underlined are added; deleted. -il- words struck through are 1.6.2.6.1. Journeyman Air Conditioning License }{older requires four (4) years as apprentice, a passing grade on a six (6) hour test, and means those qualified to perform work in the Air Conditioning Trade while employed or supervised by an air conditicning or mechanical contractor. This provision does not a_p_p_!y to an}~ individual who then holds a valid~ active journeyman's license in the mechanical trade and that license was issued by any Florida County or Florida 14unicipality when that licensee complied with all reciprocity criteria of Section 489.1455, F.$. 1.6.2.7. Commercial Pool/Spa Contractor requires thirty-six (36) months experience with a passing grade on a three (3) hour test and a passing grade on a twc (2) hour business and law test and means any person whose scope of work involves, but is not limited to, the construction, repair, water treatment, and servicing of any swimming pool or hot tub or spa, whether public, private, or otherwise, regardless of use. The scope of such work includes layout, excavation, operation of construction pumps for dewatering purposes, steelwork, installation of light niches, construction of floors, guniting, fiberglassing, installation of tile and coping, installation of river rock, Spray Crete,, Keystone~ and other substantially similar types of deck coatings in conjunction with the construction of the deck~ application of Marcite~ or other similar types of coatings to the interior of the pool~ spa or other w.~ter structureL_.installation of all perimeter and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, construction of equipment rooms or housing for pool equiument, installation and/or construction of waterfalls and fountains, and installation of package pool heaters. However, the scope of such work does not include direct connections to a £anisary sewer system, potable water lines or to any electrical installation. 1.6.2.8. Residential Pool/Spa 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 business and Words underlined are added; deleted. -i2- woras struck through are 2 law test and means any person whose scope of work involves, but is not limited to, the construction, repair, water treatment, and servicing of any residential swimming pool or hot tub or spa, regardless cf use. The scope of such work includes layout, excavation, operation of construction pumps for dewatering purposes, steelwork, installation of light niches, construction of floors, gunlting, fiberglassing, installation of tile and coping, installation of al! pcrimctar ~n~ filter pi~ing, river rock, Spray Crete,, Keystone~ and other substantially similar types of deck coatings in conjunction with the construction of the deck, application of Marcite~ or other similar types of coatings to the interior of the.poo], spa or other water structure, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, installation of housing for pool equipment, installation and/or construction of waterfalls and fountain~.~, and installation of package pool heaters. However, the scope of such work does not include direct connections to a sanitary sewer system, potable water lines or to any electrical installations. 1.6.2.8.1. Non-Recreational Pond Waterfall Fountain Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means any person whose scope of work is limited to the construction of non- recreational ponds{ waterfalls and/or fountains. However, the scope of such work does not include direct connections to a sanitary sewer system~ potable water lines, or to any electrical installation. Contractors who hold a current Collier CountZ Restricted L~.ense or other similar prior authorization by the County for this classification on the effective date of this amendment are not required to pass this test, but must apply for this Certificate pursuant to Section not later than December 31, 1997. The Contractors' Licensing Board may grant hardship waivers to this testln~ requirement for each such qualified contractor who failed to file his/her application on or before December 31~ 1997. Words underlined are added; deleted. -13- words struck through are 1.6.2.9. Swtmminq Pool/Spa Servicing/Repair Contractor requires 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 any person whose scope of work invclvcs ee~vicin~, r~p&ir, ....... rca ........ , ~nc~.d~n~, ~nc dircct i.~+f~sion ^~ .......... gas .... maintcD~cc -~ any ~-~"'"~ includes pool or ~ ..... ~ or s~:a, ..~--~-- p"~c or ~ ........ servicing, repair~ ma_,~enance, or water treatment of any public or private swiping pool~ hot tub or spa~ and, subject to Section 487.0437~ F.S., may include direct infusion of chlorine gas~ The scope of such work may include any necessary piping and repairs, replacement and repair of existing equipment, or installation of new additional equipment as necessary. The scope of such work includes the reinstallation of tile and coping, repair and replacement of all piping, filter equipment, and chemical feeders of any type, replastering, reconstruction of decks, and reinstallation or addition of pool heaters. 1.~.2.9.1. Swiping Pool/Spa Servicing Contractor r~quires twenty-four (24) months experience with a passing qrade on a two (2) hour business and law test and means any person whose scop3 of work includes servicing or water treatment of any public or private swiping pool~ hot tub or spa, and, subject to Section 487.0437; F.S., may include direct infusion of chlorine l.~.2.10. Journe~an Plumber License Holder requires (4) years as apprentice, a passing grade on a six (6) hour test, and means those qualified to perform work in the pluming trades while employed or supervise~ by a pluming contractor. This mrovision does not apply to any individual who then holds a valid, active journe~an's license in the pluming trade and that license was issued by any Florida County or Florida Municipality when that licensee complied with all reciprocity criteria of Section 489.1455~ %.~.2.11. Plumbing Contractor requires twenty-four (24) months experience as a licensed Journeyman or equivalent with a passing grade on a six (6) hour test and a passing grade on a two -14- Words underlined are added; words deleted. struck through are 24 (2) hour business and law test and means any person whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, or when not prohibited by law, design plumbing. A plumbing contractor may install, maintain, repair, alter, extend, or, when not prohibited by law, design the following without obtaining any additional local regulatory license, certificate, or registration: sanitary drainage or storm drainage facilities; venting systems; public or private water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas (excluding liquid petroleum gases), and storm and sanitary sewer lines; and water and sewer plants and substations. The scope of work of the plumbing contractor also includes the design, when 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 systems; fire line standpipes and fire sprinklers to the extent authorized by applicable law; ink and chemical lines; fuel oil and gasoline piping, except bulk storage plants; and pneumatic control piping systems, all in such a manner as to comply with all plans, specifications, codes, laws, and regulations applicable. The scope of work of the plumbing contractor shall apply to private property and public property, shall include any excavation work incidental thereto, and shall include the work of the specialty plu.,~ing contractor. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work but which is specified herein as being the work of a trade other than that of a plumbing contractor. 1.6.2.1~.1 Journeyman Electrician requires four (4) years as an apprentice, a passing grade on a six (6) hour test, and means those persons qualified to perform work in the electrical -15- words underlined are added; words deleted% struck through are 12g 2..4 trades while employed or ~upervised by an electrical contractor. Thi____~s provision does not apply to any individual who then holds a and that vali_.~dr active~yman s license in the electrical trade license was issued by any Florida County_or Florida Municipali~ when that licensee complied with all reciprocity criteria of Section 489.5335~ 1.6.2.12. Electrical Contractor requires twenty-four (24) months 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 a person who conducts business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or implied contract; or that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of electrical contracting; or that does itself or by or through others engage in the business of electrical contracting. The term electrical contractor does not qualify any person, firm or corporation for the installation of fire alarms which requires a separate state license. 1.6.3. Specialty Contractor means any person who assumes responsible charge and direction in the performance of construction work requiring special skills, and whose principle contracting bu~;iness involves the use of specialized building trades and crafts usually a minor part of a complete structure. Available categories of Specialty Contractors and their requirements are: Words underlined are deleted. -16- added; words struck through are 1.6.3.1. Acoustical Contractor requires twenty-four (24} months experience with a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain, repair, and alter acoustical materials. The scope of work permitted under this classification shall include, but not be limited to, the installation of grid work used to support 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 such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms and portable me%al or vinyl partitions. These contractors may form, place on grade reinforcing steel and miscellaneou3 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) 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 such as metal and vinyl siding, awnings, security shutters, gutters, soffits and prefabricated rooms, and portable metal or vinyl partitions. 1.6.3.4. Alarm System 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 business and law test and means a person whose business includes the execution of contracts requiring the ability, experience, science, knowledge, and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation. -17- Words underlined are added; words deleted. struck throuqh are (a) Alarm System Contractor I means an alarm system contractor whose business includes all types of alarm systems for all purposes. {b) Alarm System Contractor II means an alarm system contractor whose business includes all types of alarm systems other than fire, for all purposes. (c) Alarm System means any electrical device or combination of electrical devices used to detect a situation which causes an alarm in the event of a burglary, fire, robbery,_medical emergency, or equipment failure. (d) Burglar Alarm Contractor means an alarm system contractor whose business is limited to the installation of burglar alarms in single-family homes and two-family ho~es, mobile homes, and small commercial buildings having a square footage of not more than 5,000 square feet. 1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) months experience with passing grade on a two (2) hour business and law test and means any person who is qualified to manufacture, assemble, install, dismantle, maintain, adjust, alter, extend, and design cabinets and millwork. The scope of permitted work shall include, but not be limited to kitchen cabinets, bathroom vanities, accessory cabinets, counter tops, office furniture, and mlllwork items which have been manufactured for installation on Job ~ite locations. 1.6.3.6. Carpentry Contractor requires thirty-six (36) 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 have the knowledge and skill to install any wood and metal products in a bui!~ing inclu~Jing, but not limited to, rough framing, wood structuralz--a~ wood and metal non-structural trusses, sheathing, paneling, trim, metal framing, and cabinetry. 1.6.3.7. Garage doors Installation Contractor requires twelve (12) months experience with a passing grade on a two (2) hour business and law test and means any person who is qualified to install, repair, adjust or extend garage doors. -18- Words underlined are added; words deleted. struck through are 1.6.3.8. Commercial Cooking Equipment Exhaust Hood Installation Contractor means any person who possesses a valid license as an Air Conditioning Contractor, Class A or B; a Sheet Metal Contractor; or a Mechanical Contractor; and who is qualified to install exhaust hcods, duct work, replacement air, exhaust fans, and grease filters. If any hood which is to be installed includes a fire suppression system, the contractor shall be certified by the Flcrida State Fire Marshal's office. 1.6.3.9. Concrete Forming and Placing Contractor requires thirty-six (36) 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 batch and mix aggregates, cement, and water to agreed specifications, to construct forms and framework for the casting and shaping of concrete to place miscellaneous embedded steel and to pour, place, and finish concrete. This category does not include the plastering of the interior of a pool. 1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six (36} 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 pour place and finish concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesh reinforcement, plastic vapor barriers and edge forms incidental thereto. This category does not include the plastering cf the interior of a pool. 1.6.3.11. Concrete Contractor {restricted to pneumatically placed 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 use and maintain pressure equipment, mix mz, terial and apply according to building codes. 1.6.3.12. Decorative Metal Contractor requires twenty-four (24) months experience with a passing grade on a two (2) hour business and law test and means those who are qualified to fabricate and install decorative metal fixtures; such work Words underlined are added; delete~. -19- words struck through are 12C should be decorative in nature and non-~t~uctural in function; the materials used in the manufacturing and installation of said products may be of ferrous or non-ferrous materials. 1.6.3.13. Demolition or Wrecking Contractor requires thirty-six (36) 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 demolish structures such as dwellings, commercial buildings, and foundations and to remove debris. The use of blasting and explosives is not permitted under this category. 1.6.3.14. Dredging Contractor requires thirty-six (36) 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 any person who is qualified to operate hydraulic dredging equipment which digs and removes material by pump and which deposits the pumped material at a fill location in one operation. 1.6.3.15. Drywall Contractor requires thirty-six (36) 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 install gypsum drywall products to wood and metal studs, wood and steel Joists, and metal runners in buildings of unlimited area and height. The scope of work shall include the preparation of the surface over which the drywall product is to be applied, including the placing of metal studs and runners and all necessary drywall preparation trim. 1.6.3.16. RESERVED. Elcvat~r Contract~--~-cqui ~{-ty cight ~ ..~ntks cxpcricncc a.-~ a pa~oing g~c~dc on a thrcc .i-~t~]tl, in~t, maintain or rcpalr any clcvatcr, 'iccascd c ......... Words underlined are added; deleted. -20- words struck throuqh are 12C'2, 1.6.3.17. Epoxy Stone Contractor requires twenty-fou[ (24) months experience with a passing grade on a two (2) hour business and law test and means those who are qualified to batch and mix aggregates, epoxy, hardener, and gravel to specifications£ or____~to construct forms and framework for the casting and shaping of epoxy and aggregateA or %0 pour, place and finish over concrete base. 1.6.3.1B. Excavation Contractor requires thirty-six (36) months ,×Derience and a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test and means any perscn who is qualified to excavate to obtain or remove materials such as rock, gravel and sand; to construct or excavate canals, lakes and levees, including the cleaning of land of surface debris and vegetation as well as the grubbing of roots; and to remove debris and level surface land incidental and necessary thereto in compliance with all environmental laws, the Building Code, and other applicable codes and regulations. Minor excavations, such as footings, backfill without compaction, and similar activities are exempt hereunder. NOTE: The use of explosives is not included in this category. 1.6.3.19. Fence Erection Contractor requires twenty-four (24) months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install, maintain or repair fencing or decorative prefabricated walls on grade. 1.6.3.20. Floor Coverings Installation Contractor requires twenty-four (24) months experience and a passing grade on a two (2) hour business and law test and means any person who is qualified to install carpet, sheet vinyl and wood parquet. This category does not include, tile, marble, or terrazzo. 1.6.3.21. Gasoline Tank an~ Pump Contractor requires forty-eight (,I~) month~ experience and 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 install, maintain, rep.]ir, alter, or extend any above ground system used for the -21- Words underli~e~d are added: words struck throu~ are deleted. 12C'2 storing and dispensing of gasoline, kerosene, die~el oils and similar liquid hydrocarbon fuels or mixtures (not to include pollutant storage). 1.6.3.22. Glass and Glazing Contractor requires twenty-four (24) months experience, 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 select, cut, assemble, and install all makes and kinds of glass and glass work, and execute the glazing frames, panels, sash and door and holding metal frames, ornamental decorations, mirrors, tub, shower enclosures, and portable partitions. 1.6.3.23. Insulation Contractor. a. All types except buildings - requires thirty-six (36) months experience, 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 install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat, from internal or external sources on pipes, vessels, ducts, fire stopping materials, or built-up refrigerated boxes or rooms, and acoustical materials. b. Buildings - requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a two (2) hour business and law test, and means those who are qualified to in:~tall, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat from rooms or buildings. 1.6.3.24. Irrigation Sprinkler Contractor requires twenty-four (24] months experience and a passing grade on a three (3) hour test and a passing grade cna two (2) hour business and law test and means any person who is qualified to install, maintain, repair, alter or extend alt piping and sprinkler heads used for irrigation, including any required connections to a water pump; however, such work does not include direct connection to potable water lines. Words underlined deleted. -22- are added; words struck through are i2C 1.6.3.25. Landscaping Contractor requires twelve (12) months expe~lence and a passing grade on a two (2} hour business and law test and means any person who is qualified to install and/or remo';e trees, shrubs, sod, decorative stone and/or rocks, timber and plant materials, whether or not incidental to landscaping, prepackaged fountains, or waterfalls, provided same does not include connection to a sanitary sewer system, portable water line, or to any electrical installation, which tasks must be performed by tradesmen licensed in the relevant trade· Landscape Contractors may contract for only removal and/or trimming of trees and/or any other combination of the authorized services. 1.6.3.26. Liquefied Petroleum Gas Installation Contractor means any person qualified and licensed pursuant to Chapter 527, Florida Statutes, to install apparatus, piping and tubing, and appliances and equipment necessary for storing and converting liquefied petroleum gas into flame for light, heat, and power. 1.6.3.27. Marine, Seawall, and Dock Construction Contractor requires thirty-six (36) months experience, 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 build and install bulkheads, revetments, docks, piers, wharves, groins, boathouses, lifts and davits~, and to do pile driving. Electrical service and wiring must be provided by a licensed electrical contractor. 1.6.3.28. Masonry Contractor requires thirty-six (36} months experience, a passing grade on a three (3) hour test and a passing grade on a two {~) hour business and law test and means those who are qualified to select, cut, and lay brick and concrete block or any other unit masonry products, lay other baked clay products, rough cut and dress stone, artificial stone and precast blocks, glass brick or block, but who shall not pour or finish concrete. · ~ct up ..... factor i 6.3.29. RESERVED.-M<~biiC H~ ~ ~--~ mont..s c~pcricnew~, a ~-~s~-i~n.g ~dc a Words underlined are d,~leted. -23- added; words struck through are t20 2' include clcc.~-io, p!-~9 ~: air conditioning h~ckuRe%-~ t~OTE: Pursua~r~ . ' 93, ?iorida Sta%~e.~, no Ccrtificatc ~ ~ .......... ~-~' ~ rcquircd ~ duly ~: ..... ~ en7 ~..~.~:~_ ....... _.,~,~ .... ~ "~-..~ pcrfcrmc setup opcra~ion~ as ~fincd~ in 1.6.3.30. Painting Contractor requires twenty-four (24) months experience, 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 use spraying equipment as well as hand tools to finish both exterior and interior work. A painting contractor may do paperhanging, sandblasting, waterproofing, and may clean and paint roo~s. 1.6.3.31. Paving Contractor (co~ercial or unlimited) requires thirty-six (36) months experience, 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 with the experiesce and skill to construct roads, airport runway~ and aprons, parking lots, sidewalks, curbs and gutters, storm drainage facilities, and to perform the excavating, clearing, and grading incidental thereto. 1.6.3.32. Plastering and Stucco Contractor requires thirty-six (36) months experience, 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 coat surfaces with a mixture of sand or other aggregate g~sum plaster, Portland cement or quicklime and water, cr any co~Jnation of such materials such as to create a permanent surface coating, including lathing and drywall. This category does not include the plastering of the interior of a pool. 1.6.3.33. Pollutant Storage Contractor means a contractor who installs a pollutant storage tank. Said contractor Words underlined are added; deleted. -24- .words struck thruuqh are must have a State Pollutant Storage License. A County Certificate of Competency is not available for this category. 1.6.3.34. Reinforced Steel Contractor requires thirty-six (36) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law tes[, and means those who are qualified to fabricate, place, and tie steel reinforcing bars (rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce concrete buildings and structures in such a manner that, under all agreed specificaticns, steel reinforcing bars (rods) for concrete buildings and structures can be fabricated, placed, and tied. 1.6.3.35. Roof Coating, Roof Painting, and Roof Cleaning Contractor requires twenty-four (24) months experience, a passing grade~ on a two (2) hour business and law test, and means any person who is qualified to clean, paint or coat a roof by means of pressure-operated equipment, hand application or otherwise. This category does not include roof repair. 1.6.3.36. Sandblasting Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified to operate a sandblasting machine. 1.6.3.37. Satellite Dish Installation Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test and means any person who is qualified to erect, install, maintain, repair, alter or design, where not prohibited by law, any satellite dish provided all work is performed in accordance with applicable Collier County or City of Naples Ordinances. If installation includes a concrete base, the base shall be limited in size to two cubic yards of concrete. 1.6.3.38. Sealing and Striping Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means those who are qualified with the ,~xperience and skill to seal or stripe driveways, parking lots, sidev, alks, and patios. -25- Words underlined are added; words deleted. struck through are 1.6.3.39. RESERVED.--E~eptic Tank Co~,.tr.-~<or rcq~irco ~w_,~-~ty-~J~ ~24~ month:: cxpcric~:c and ~ pe-3~ing ~rgdc on 3 throe ~ t~ and moans 3 ~ ccn~ractor "~ ..... scrvicts 3 ~ "-~:-~'~ in the to inotall, maints:-, rcpair, -~- or dcsign, "~ ......... ~ ~] .... usc .......... itcms in thc tonks, drainf~ids, --~ acrsbic systems. Approprla~c ~. ...... ~trstion as rcqui~-~ .~ ....... - ........ ~.tmcnt of ............ ~llitst~''-~.._ ...~ .... ...~ .... ~.,~.~-~ ~-~ required~.~- '~:-~,.~ category. 1.6.3.40. Non-Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a two (2) hour business and law test, and means any person who is qualified to erect, install, repair, alter, extend or change any non- electrical sign, provided all work is performed in accordance with applicable Collier County and City of Naples ordinances. This category does not i~clude the construction of free-standing structural signs. 1.6.3.41. Electrical Sign Contractor requires twenty-four (24) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2} hour business and law test, and means any person who is qualified to install, repair, alter, manufacture, add to, or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs a~d is qualified to erect signs. Such contractor may contract for, and take out building permits for the erection of signs. The electrical service and wiring from the electrical service to the sign disconnect must be supplied by a licensed electrical contractor. 1.6.3.42. Solar Heater Installation Contractor requlres twenty-four (24) months experience, 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 have the knowledge to install, alter, repair, or replace any solar hot water heating system for -2(- Words underlined are added; words struck through are deleted. 12C residences or for residential swimming pools, including collectors, storage and expansion tanks, heat exchangers, piping, valves, pumps, sensors and Iow voltage controls which connect to existing plumbing stub-outs and electrical disconnects. 1.6.3.43. Structural Steel Erection Contractor requires thirty-six ~36) months experience, 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 erect structural steel shapes and plates, including such minor field fabrication as may be necessary, of any profile, perimeter or cross-section, that are or may be used as structural members for buildings and structures, and the erection of communication towers, including riveting, welding and rigging, only in connection therewith. 1.6.3.44. Structure Moving Contractor means persons who are required to be general, building or residential contractors, and who are qualified to lift and secure structures and transport said structures from one site to another, whether or not such transport is across public roads, including the proper placement of structures at a new location. 1.6.3.45. Tile and Marble Installation Contractor requires twenty-four (24) months experience, 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 persons who are qualified %0 set tile and marble. 1.6.3.46. Tile, Marble and Terrazzo Installation Contractor requires twenty-four (24) months experience, a Sassing grade on a three (3) hour test and a passing grade cna hour business and law test, and mean~ those persons who are qualified to mix, prepare, and finish terrazzo, prepare the base, an~ s,3t tile and marble. 1.6.3.47. Underground Utility and Excavation Contractor requires forty-eight (48) months experience, a passing grade on a three (3) hour test and a passing grade on a two (2) hour business and law test, and means contractors whose services are limited to the construction, installation, repair, on public or private -27- Words underlined are added; words struck throuq_~ deleted. are property, of main sanitary sewer collection systems, main water distribution systems, and storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or single-occupancy con%mercial properties, or on multi-occupancy properties at manhole or "wye" lateral extended to an invert ele,;aticr, as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. An underground utility contractor shall not install any piping that is an integral part of a fire protection system, as defined in Section 633.021(7), Florida Statutes, beginning at the point where the piping is used exclusively for such system. ~' ~ .... a~tcr rcquirc~ t..:cnty four ~8, 'dzll Dril~ ~ng ,PL --.. busi~cs~ ''~ law test, ~ tho~{sons ~:hc ~rc qualifi~~~~~~ ~~5% .._~ ~ ~y~ .... ~ :- ~ ~ ~ and clc.;at~haft, and '~h~ ~y i~uta~l, ,~rcpslr pum~s in Caid~~ re:itt al~c p~sc~~Pli~sc i~~ 1.6.3.489. Tree Removal a~d Tricing Contractor requires twelve (12) months experience with a passing grade on a two (2) hour business and law test and means those who are qualified to trim and remove trees and stumpn. ~" ~ ....... -~, -~ ~ .... ~ t..is Srd~~-gcptc~cr 30, 1 ..... Words underlined are deleted. -28- added; words struck through are 1.g.4. Contrao~or Licensing Supervisor means ~he individual ~No over=ees con~rac~or licensing ~nd its investigations or presen~ ccmp!~in~s reg~r~in~ license~ contractors in Collier County, Florida. This individual hold3 office fn the ~rvi~ Ec~[i~ Building Review and Permitting Departm~n~ o~ the ~!cpm~nt ~trvicco ~zrtmcn% cf %be Co~muaity Development and Esvironmenta[ Services Division of Collier County Government. 1.6.5. Employee means any person who works for and is under the supervision and control of a licensee, provided that said employee ~oes not hold himself out for hire or engage in contracting except as an employee. For the purposes of this Ordinance, indicia of an emplo~ent relationship shall include the employer's regular pa~ent of wages and compensation, F.I.C.A. deductions, tax withholding and provision of Workers' Compensation to the emploTee by the employer, all as prescribed by law. 1.6.6. Person means a human being or a legal business organization. 1.6.7. "Contracting" means, except as exempted tn this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as ~e~ forth in subsection (3) which ~eftne types of contractors. The attempted sale of contracting service~ and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. However, the term "contracting- shall not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell or sells completed residences on property on which the individual or business entity has any legal or equitable interest, if the services of a quslified contractor certified or registered pursuant -29- Words ~nder_l..ined are added; words struck thrcuqh are deleted. _ to the requirements of this chapter have been or will be retained for the purpose of constructing such residences. 1.6.8. "Business organization" means any partnership, corporation, business trust, joint venture, or other legal entity which engages or offers to engage in the business of contracting or acts as a contractor as defined in this section. 1.6.9. "Financially responsible officer" means a person other than the primary qualifying agent who with the approval of the board assumes personal responsibility for all financial aspects of the business organization. 1.6.10. "Primary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the contracting activities of the business organization with which he is connected; who has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained the building permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. 1.6.11. "Secondary qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsiki!lty to supervise, direct, manage, and control construction activities on a job for which he has obtained a permit, and whose technical and personal qualifications have been ~etermined by investigation and examination as provided in this part, as attested by the department. 1.7. Stop-Work Orc~rm. If it. should become known to the Contractor Licensing Supervisor that a construction project and/or contracting in Collier County or the City of Naples is being undertaken by uncertified or nonexempt persons, the Contractor Licensing Supervisor, or his/her designee, shall place a stop-work order on the relevant portion of said project until such time as a certified contractor assumes supervision of the construction project. Any -30- Words underlined are added; words struck through are deleted. uncertified and nonexempt person resuming construction prior to the removal of the stop-work order by the Contractor Licensing Supervisor shall be in violation of this Ordinance. 1.8. Experience Requiremmnt~. As a prerequisite to, and as a requirement for, the issuance of a Collier County/City of Naples Certificate of Competency, an applicant shall submit satisfactory evidence of experience in the trade for which he/she desires certification. a. Contractors' experience shall be in that particular trade, with at least one (1) year of said experience being as a supervisor. b. Masters' experience shall be as journeymen. c. Juurneymen's experience shall be as apprentices or trainees, havinq completed an apprenticeship program registered with the Deoartment of Labor and Employment Security and demonstrates 4 years verifiable practical experience in thos- particular trades~ or demonstrates 6 years verifiable practica] experience in those particular trades~ except as may be authorized by .. The. apprentice programs approvedv---ac cf thc cffcctivc datc cf thio Ordinoncc by the Bureau of Apprenticeship, Division of Labor, Employment and Training of the Department of Labor and Employment SecurityI which for £ponscrc ~'ithin Colllcr County are hereby incorporated by reference as the required apprentice experience. 1.8.1. 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. Affidavits from former employers with specifics as to the number of years of experience, work performed and any other relevant information; b. Copies of other certificates of competency, if any, held by the applicant in other counties or cities; c. Affidavits from any building director in locations where the applicant has worked; -31- Words underlined are added; words struck through are deleted. d. Affidavits from any union organization of which the applicant has been a member relating to the trade for which the applicant has made application; Affidavits from any other source within the trade applied for. 1.B.2. Education at an accredited school may be presented tc satisfy a portion of the experience requirements of this Section. Specifically, each full year of school-level work in the trade for which application is made shall be credited to the applicant as .75 years experience, but such credit shall be for no more than one-half of the total experience required by this Ordinance. PART ~O: CERTIFICATES OF COI, fPETEi~CY - PI%OCEDURE. 2.1. Applicationa - General. 2.1.1. Any person or business organization desiring to obtain a Certificate of Competency shall make application under oath for such 3ertificate and shall submit such information as is required by this Ordinance. 2.1.2. Should the applicant be a business organization, the application shall be executed by a legally authorized and empowered representative of business organization who shall show his authority to so act on the application. In addition, the application shall name a qualifying agent authorized to act on behalf of the firm in all subsequent proceedings, showing his authority: a. To act for the firm in all matters and in any manner connected with the contracting business; and b. To s'~pervise the construction under the Certificate of Competency issued to the applicant. 2.1.3. A qualifying agent may qualify no more than one firm, practicing the same trade, without prior approval of the Contractors' Licensing Board, and in no event more than two firms at the same time. 2.1.4. No application shall be considered unless the applicant supplies all information as required by this Ordinance. -32- Words underl~.ned are added; words struck throuqh are deleted. 2.~.5. The Board of County Cor~iss~oners shall ~stablish and adopt, by Resolution, a schedule o~ ~ees and charges for applications for Certificates of Competency, renewals, late fees and other charges, if applicable, pertaining to this Ordinance. It is the intent of these regulations that the County shall not be required to bear any part of ~h~ cost of applications m~de ]nder ~his Ordinance. The schedule of fees and charges shall be ~osted in the office of the ~^-p~iancc ° .... ~cas ~-~ ^~ 5cve~-~. £crvicc; Dcpartmant Buildinq Review and Permitting ~e~artment of the Community Development and Environmental Services Division of Collier County Government and the City of Naples Building and Zoning Division, and the resolution establishing such fees shall be on file with the City of Naples Clerk and the Clerk to the Board. The schedule of fees and charges may be changed in accordance with standard resolution adoption and amendment procedures of the Board of County Commissioners and repeal or amendment cf the schedule shall not be subject to the procedure otherwise necessary for amendment of this Ordinance. Current fees and charges are set forth in Resolution No. 87-108 and shall remain in effect until said Resolution is amended or superseded. 2.2. Contractor Application - Individual. Any person desiring a Certificate of Competency shall submit the following information on forms provided by the Collier County Contrac%or Licensing Supervisor: 2.2.1. Name of applicant, date of birth, Social Security number and driver's license number; 2.2.2. Home address and telephone number; 2.2.3. Business address and telephone number. A contractor is required to maintain an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. 2.2.4. Name of applicant's business; 2.2.5. Applicant's proposed contracting business; 2.2.6. If applicable, verification that applicant has properly registered under the fictitious name statutes; -33- Words underlined are added; words deleted. struck throuqh are 12C 2.2.7. Type of Certificate of Competency for which application is being made; 2.2.8. A complete list of all outstanding debts related to the applicant's contracting business which the applicant has not paid or refuses to pay and a statement of the reasons for nonpayment; 2.2.9. Names and telephone numbers of two persons who will always know the applicant's whereabouts; 2.2.10. A statement as ~ whether the applicant has ever been convicted of a crime related to contracting and any crime of moral turpitude; 2.2.11. Applicant's business or work experience during the past ten years; 2.2.12. Any formal training In the area of competency fcr which application is made; 2.2.13. In addition to the aforementioned info~mation, the applicant shall attach or submit the following information: a. A credit report compiled by a nationally recognized credit agency that reflects the financial responsibility of the applicant; b. Affidavits as to the applicant's honesty, integrity, good business reputation and competeace in the trade category for which application for a Collier County/City of Naples Certificate of Competency has been made. Said affidavits shall be in substantially the form issued by the Collier County Contractor Licensing Supervisor or his/her designee; c. Scores on the examination applicable to the license applied fcr, including the area of competency tested, the date of testing and the place of testing. Said examination shall have been a~ministered by a testing agency recognized and approved throughout the State of Florida as provided for in Section 2.6 of this Ordinance. 2.3. Contractor Applications - Business Organizations. If the applicant proposes to engage in contracting as a partnership, corporation, business trust, or other legal entity, -34- Words underlined are added; words deleted. struck through are the applicant shall apply through a qualifying agent and comply with all requirements and responslbilities contained in Sections 489.119 and 489.1195, Florida Statutes. Any business organization desiring a Certificate of Competency in Collier County shall submit the following information on forms provided by the Collier County Contractor Licensing Supervisor. 2.3.1. Business organization name; 2.3.2. Business address and telephone number. A business organization must have an office in Collier County or have an agent in Collier County for purposes of receiving notices pursuant to this Ordinance. 2.3.3. Qualifying agent; 2.3.4. Proposed contracting business; 2.3.5. Type of Certificate of Competency for which application is made; 2.3.6. Names and addresses of all partners, directors and officers; 2.3.7. Where applicable, a copy of a certificate of incorporaticn or proof of recorded fictitious name; 2.3.8. A list of all contracting businesses owned by the business organization during the last five years; 2.3.9. A credit report from a nationally recognized credit agenc7 ]f the business organization has been in existence for more than one (1) year. If the business organization has been in existence for less than one (1) year, a credit report on every business organization in which the Applicant/Qualifier was an agent is required. If neither of the above is applicable a personal credit report on the applicant/qualifier is required. 2.3.10. A complete list of all outstanding debts related to the business organization's contracting business which the business organization has not paid or refuses to pay and a statement of the reasons for nonpayment; 2.3.11. The signature of an authorized officer of the business organization; Words underlined are added; deleted. -35- words struck through are 2.3.12. Qualifier information: a. b. The name of the qualifying agent and date of birth; The name of the business organization to be qualified; c. T}~e of Certificate of Competency for which application is made; d. The home address of the qualifying agent; e. The names and telephone numbers of two persons who will always know the qualifying agent's whereabouts; f. Scores on any approved examination; including the area of competency tested, the date of testing and the place of testing; g. Affidavits as to the qualifier's honesty, integrity, good business reputation and competence in the trade category for which application for a Collier County/City of Naples Certificate of Competency has been made; A statement whether the qualifying agent has ever been convicted of a crime related to contracting and any crime of moral turpitude; J. A complete list of all outstanding debts related to the qualifying agent's contracting business which the qualifying agent has not paid or refuses to pay and a statement of the reasons for nonpayment; A statement of the qualifying agent's business and work experience during the previous five years; k. A statement of any formal training possessed by the qualifying agent in the trade category for which application is made for a competency card; i. Proof that the qualifying agent is legally qualified to act for the business organization in all matters connected with its cont:acting business and that said qualifying agent has the authority to supervise ccnstruction undertaken by such business organization. Proof that a qualifying agent is -36- Words underlined are added; words struck through are deleted. _ legally qualified to act for the business organization includes, but is not limited to, authority to sign checks for the business organization, training and supervision of employees, hiring and firing of employees or other actions indicating active involvement in the business organization. 2.4. Master or Journeyman Applications. a. The name of the applicant and date of birth; b. Home address and telephone number; c. Business address and telephone number; d. Type of Certificate of Competency for which application is being made; e. The names and telephone numbers of two persons who will always know the applicant's whereabouts; f. Scores on any approved examination, including the area of competency tested, the date of testing and the place of testing. Prior to taking the tests required by this Ordinance, an applicant must provide verification that he or she has complied with the experience requirements. g. A statement of the applicant's business or work experience during the past ten years; h. A statement of any formal training in the trade categories for which application is made for a competency card. 2.5. Standard~ for the Issuancm or Denial of · Certific&t~ of Competency. 2.5.1. Contractors. The Contractcr Licensing Supervisor or his/her designee, shall issue a Certificate of Competency to the applicant if it appears, on the face of the application, as submitted by the applicant, that: a. The application is complete in accordance with the requirements of this Ordinance; -37- Words underlined are added; words struck through deleted. are b. The applicant possesses the experience required by Sections 1.6 and 1.8 of this Ordinance; c. The credit report submitted indicates no facts and circumstances which show a failure to pay contracting related bills promptly; d. The applicant or qualifier meets the requirements for financial responsibility set forth in Rules 61G4-15.005 and 61G4-15.006, Florida Administrative Code, as they may be amended from time to time; e. The applicant meets one of the following criteria: 1) The applicant has taken and passed an examination approved and recognized throughout the State of Florida, as provided for in Section 2.6 of this Ordinance, for the area of competency for which application has been made, or 2) The applicant meets all licensing requirements provided for by this Ordinance. f. All required affidavits have been submitted; g. All required fees have been paid; h. The applicant possesses a current Collier County occupational license; and i. The applicant or the qualifying agent is at least 18 years of age. 2.5.2. Referral of A~plication to Contractors' Licensing Board for Decision. If it does not appear on the face of the application that the applicant has complied with the requirements of this Ordinance so as to be eligible for a Certificate of Competency, then the Contractor Licensing Supervisor shall refer the application to the Contractors' Licensing Board for a decision regarding approval or denial of the application. -38- Words underlined are added; words struck through are deleted. 2.5.3. When an application is referred to the Contractors' Licensing Board, the Board shall take testimony from the applicant and shall consider other relevant evidence regarding whether the application meets the requirements of this Ordinance. Upon the evidence presented by the applicant and the Contractor Licensing Supervisor, the Contractors' Licensing Board shall determine whether the applicant is qualified or unqualified for the trade in which application has been made. Findings of fact and conclusions of law regarding the approval or denial of the application shall be made by the Contractors' Licensing Board. The Board may consider the applicant's relevant recent experience in the specific trade and based upon such experience may waive testi~ requirements if convinced that the applicant is qualified Dy experience whereby such competency testing would be superfluous 2.5.3.1. If the Contractors' Licensing Board determines that an applicant is qualified for a particular type of Certificate of Competency, a competency card shall be issued by the Contractor Licensing Supervisor or his/her designee. 2.5.4. Additional Require~mnts. In addition to the foregoing requirements, each applicant shall submit the following information as a prerequisite to the issuance of a Collier County competency card: 2.5.4.1. The applicant's state registration number or a statement that the applicant has made application for a state registration number (anyone not required to have a state registration number by Chapter 489, Florida Statutes, is exempted from this Subsection); 2.5.4.2. The applicants' individual or business organization's United States Internal Revenue Tax number; 2.5.4.3. Proof of insurance as required by Section 2.8 of this Ordinance; 2.5.4.4. A statement that the applicant has or will comply with all Workers' Compensation laws of the State of Florida prior to contracting in the City of Naples and in Collier County; -39- Words underlined are added; words struck throuqh are deleted. 2°5.4.5. Where applicable, a statement that the applicant has registered his fictitious name with the Florida Department of State, Fictitious Name Filing Section, as required by Section 865.09, Florida Statutes; 2.5.4.6. When a Certificate of Competency is issued in the name of a business organization, the certificate shall be in the name of the business organization and the name of the qualifying agent shall be noted thereon. The requirements of this Section shall be deemed to be a portion of the application and any false statement made by an applicant as to information required by this Section shall be grounds for discipline as provided for in 2.6. A~Dproved Examiners. The approved examiners for the purpose of administering proctored exam~ as required by this Ordinance are Block and Associates, 5700 S.W. 34 St. t 1303, Gainesville, Florida 32608 and any other testing agency with comparable testing standards recognized and approved throughout the State of Florida and also approved by the Collier County Contractors' Licensing Board. 2.7. Examinations. A minimum passing grade of 75% shall be required on all examinations. Examinations shall be specific to the trade category for which application for a Certificate of Competency has been made. Said examinations shall be proctored and graded by a testing agency meeting all the requirements of Section 2.6 of this Ordinance. When a Certificate of Competency becomes void pursuant to Section 1.4.9 herein, all previous examination scores shall be disregarded except when the most recent relevant examination wa~ taken and passed within three (3) years of the date of receipt of the new application, pursuant to Chapter 489, Florida Statutes. 2.8. Insurance. All licensed contractors shall maintain liability and other categories of insurance, as required by Florida law, at all times. Such insurance shall be with an insurance company authorized to do business in the State of Florida. The minimum limits of liability insurance required shall be not less than Words underlined are added; deleted. -40- words struck through are $100,000 for bodily injury and $2S,000 ~or property damage or any higher minimums a~ required by Florida l~w. ~11 licensed contractors shall maintain applicable Workers' Compensation insurance as required by Florida law. 2.9. Inactivm Status. 2.9.1. Any person or firm that holds a valid Collier County/City of Naples Certificate 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 payment 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 Commissioners. 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. Restricted Certificates of Competency. The Contractors' Licensing Board may issue a Certificate of Competency to an applicant for a 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 under this Ordinance in those certain aspects of that trade. 2.11. Emergency Restricted Certificates of Competency. In the event of a declaration of a state of emergency in Collier County by the Collier County Board of County Commissioners or in the City of Naples by the Naples City Council, in which substantial damage has occurred to buildings and structures so as to cause a shortage of available persons and firms/entities in the contracting trades for which there are Collier County/City of Naples Certificates of Competency, the Contractors' Licensing Board is hereby authorized to: 2.11.1. Declare an emergency contracting trade shortage of designated categories of contractors and/or sub-contractors Words underlined are added; deleted. -41- words struck through are listed in this Ordinance. This declaration shall be for a period of time not to exceed six (6) months. 2.11.2. Authorize the Contractor Licensing Supervisor to prepare and regulate the selection of contractors and/or sub-contractors from other jurisdictions whose licensing requirements are substantially comparable to those licensed in Collier County. The contractors selected must be licensed in jurisdictions whose testing and licensing requirements have been predetermined by the Contractors' Licensing Board to be substantially comparable to the Collier County requirements. 2.12. The County will provide active field supervision within the City of Naples of licensed and unlicensed activity through its investigation and citation authority. 2.12.1. The County shall be responsible for issuing licenses in accordance with this Ordinance to authorize contractors to work within the geographic boundaries of County and the City of Naples. The County shall collect the fees for those contractors licensed to work within the County and City of Naples. 2.13. All contractors who operate in Collier County shall maintain complete financial and business records for the immediately preceding 3 years at their licensed place of business. The business and financial records to be maintained shall include minutes of corporate meetings, business contacts, telephone records, insurance policies, letters of complaint, notices received from government entities, bank statements, canceled checks, records of accounts receivable and payable, financial statements, loan documents, tax returns, employee records and all other business and financial records the contractor maintains in the course of business. The contractor shall allow the Contracting Licensing Supervisor, or his_designee, access to all documents referenced in this section upon demand and during normal business hours. Copies of any documents requested by the Contractor Licensing Supervisor, or his designee shall be provided by the Contractor upon payment -42- Words underlined are added; words struck through are deleted. 12C of reasonable reproduction costs, which shall not exceed the Contractor's actual reproduction costs, by the Contractor Licensing Supervisor or his designee. PART TH1RF. E: T~E CON'iqlACTOI~S' LICENSING 3.1. C~uition. 3. ~. ~. ~~ ~ - ~ ~ ~ ........ .:= -:--i:= ...... ~, ~I~ The Contractors' Licensing Board i~ shall bc composed of nine (9) members who shall be appointed by the Board of County Co~issioners. A minimum of two (2) of these me~ers shall reside within the corporate city limits of Naples or shall be reco~ended to the Board of County Co~issioners by the Naples City Council. The Board of County Co~issioners may also appoint alternate members as it deems appropriate. The nine (9) me~ers of the Contractors' Licensing Board shall consist of a licensed architect, a licensed general contractor, a licensed engineer, a licensed electrical contractor, a licensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a licensed residential or building contractor and a licensed representative from one of the other specialty trades or professions requiring a Certificate of Competency as provided in this Ordinance. This Section is merely directory and failure to have a me~er of each of these trades shall not be grounds for voiding any action of the Board. All me~ers of the Contractors' Licensing Board shall be permanent residents and electors of Collier County and shall serve without compensation. Me~ers may be reimbursed for such travel, mileage and per diem expenses as may be authorized, in advance, by the Collier County Board of County Co~issloners. 3.1.2. All initial appointments of a me,er shall be for a term of three (3) years except may otherwise be authorized in Ordinance No. 86-41, as amended from time to time. Thc ~.cmbcro of -43- Words underlined are added; words struck through are deleted. appcintmcnt~.~¢ ~ ................. : ~, Thrcc (3) mcmbcrs appointcd for a tcrm cf c.nc (i])'car. ....... ,~, mcm~crs appointed~ a ........ two (2) years, ...... .._ 3 ....... A member may be reappointed by the Collier County Board of County Commissioners in accordance with Collier County Ordinance No. 86-41, as it may be amended from time to time. 3.1.3. A member of the Contractors' Licensing Board may be removed from office for any cause by a majority vote of the Collier County Board of County Commissioners. If any member fails to attend two of three successive board meetings without a satisfactory excuse and without prior approval of the chairperson of the Contrac%or5' Licensing Board, the Contractors' Licensing Board shall request that the Collier County Board of County Commissioners declare the member's office vacant and promptly fill the vacancy. 3.1.4. Any vacancy occurring during the unexpired term of office of any member of the Contractors' Licensing Board shall be filled by the Board of County Commissioners. An appointment to fill a vacancy shall be for the remainder of the unexpired term of office. 3.2. Internal Operating Procedures. 3.2.1. The Contractors' L:censing Board shall elect a chairperson and vice chairperson from its membership. 3.2.2. Me~tings. 3.2.2.1. The Contractors' Licensing Board shall hold at least four meetings per year. -44- Words underlined are added; words struck through are deleted. 3.2.2.2. Upon the request of the Contractor Licensing Supervisor, or his designee, or at such other times as may be necessary, the chairperson of the Contractors' Licensing Board (and, in his absence, the vice chairperson or, in the vice chairperson's absence, the temporary chairperson elected by majority vote of the members of the Contractors' Licensing Board) may call hearings of the Contractors' Licensing Board. Hearings may also be called by written notice signed by at least three (3) members of the Contractors' Licensing Board. At any hearing, the Contractors' Licensing Board may set a future hearing date. Minutes shall be kept of all meetings and hearings and all meetings and proceedings shall be open to the public. 3.2.2.3. Five members shall constitute a quorum for any meeting, and a majority vote of those present shall be required to make any decision. 3.2.2.4. The Collier County Board of County Commissioners shall provide such clerical and administrative personnel and legal services as may be reasonably required by the Contractors' Licensing Board for the proper performance of its duties. 3.2.2.5. The County Attorney, or his designee, shall either be counsel for the Contractors' Licensing Board or shall represent the County by presenting cases before the Contractors' Licensing Board, but in no case shall the County Attorney er bls designee serve in both capacities for the same case or at the same time. 3.3. Duties and Powers of the Contractors' Licensing Board. 3.3.1. Upon reference by the Contractor Licensing Supervisor or petition by an applicant, the Board shall have the power to determine the qualifications of applicants for the various categories of contractors' Certificates of Competency as measured by star~dards stated in this Ordinance. 3.3.2. The Board shall have the power to hold hearings to determine if a contractor or a journeyman possessing a Collier County/City of Naples Certificate of Competency, or a State -45- Words underlined are added; words struck through are deleted. certified contractor doing business in Collier County, should be disciplined pursuant to Part Four of this Ordinance. It shall be the duty of the Contractor Licensing Supervisor to initiate disciplinary proceedings. Ho member of the Contractors' Licensing Board shall have the power to initiate disciplinary proceedings in his/her capacity as a member of the Contractors' Licensing Board. 3.3.3. The Contractors' Licensing Board shall have the power to adopt such policies, rules and regulations as it deems necessary to carry out the duties of the Board in accordance with the provisions and intent of this Ordinance. Said policies, rules and regulations, when and if reduced to writing, shall be filed with the Clerk to the Board of the Collier County Board of County Commissioners. 3.3.4. The Contractors' Licensing Board shall further have the power to: a. Hold hearings; b. Take testimony under oath; c. Adopt rules and regulations for the conduct of its hearings; d. Discipline contractors or journeymen holding Collier County/City of Naples Certificates of Competency or State certified contractors doing business in Collier County or the City of Naples pursuant to Part Four of this Ordinance; e. Issue decisions, findings of fact, conclusions of law, impose disciplinary sanctions, and issue orders to carry cut the provisions of this Ordinance. 3.3.5. The Contractors' Licensing Board shall also have all other powers granted to said Board by Florida law. 3.3.6. The Contractors' Licensing Board shall have the power to make recommendations to the Board of County Commission regarding amendments to this Ordinance and shall review amendments to the Ordinance proposed by County staff. PART FOUR: STANDARDS OF COndUCT AND DISCIPLINE. Words underlined are added; deleted. -46- words struck through are 4.1. }~sconduct - Collier County/City of Naples Certificate of Co~q>etency The following actions by a holder of a Collier County/City of Naples Certificate of Competency shall constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance: 4.1.1. Knowingly combining or conspiring with an unlicensed contractor by allowing one's Certificate of Competency to be used by an unlicensed contractor with intent to evade the provisions of this Ordinance. When a licensed contractor acts as the qualifying agent for any firm without first making application under this Ordinance to represent said firm, such act shall constitute prima facie evidence of intent to evade the provisions of this Ordinance. When a certificate holder allows his certificate to be used by one or more companies without having any active participation in the operations, management, and control of such companies, such act constitutes prima facie evidence of an intent to evade the provisions of this Ordinance. Active participation requires Job site supervision, knowledge of and participation in the business operations of the company(s), including all contractual matters. 4.1.1.1. If any individual qualifying any business organization ceases to be affiliated with such business organization, he shall so inform the Board. In addition if such individual is the only certified individual affiliated with the business organization, the business organization shall notify the 8oard of the individual's termination and shall have no more than sixty (60) days from tt~e date of termination of the individual's affiliation with the business organization in which to affiliate with another person certified under the provisions of this article. In any event, the business organization shall not enter into any new contracts and may not engage in any new contracting until such time as a qualifying agent is employed. 4.1.2. Contracting to do any work outside of the scope of his/her competency as listed on his/her competency card and as Words underlined are added; deleted. -47- words struck through are defined in this Ordinance or as restricted by the Contractors' Licensing Board. 4.1.3. Abandoning a construction project in which he/she is engaged or under contract as a contractor. A project may ,nm~ ' ~ ...... ~ a if the be presumed abandoned -~'^- nincty days ~, ~-~- ~ ~ ..... is ^~ .... ~-~ pro-..i~^~~^-~ in ~ contractor, ~n~.~ oa ..................... ~ ..... .......... ~-- csntr~c~t-~, terminates the project without just cause, or fails to notify the owner in writing of termination of the contract and basis for same, or fails to perform work for ninety (90) consecutive days without Just cause and no said notice to the owne r. 4.1.4. Diverting funds or property received for the execution of a specific contract project or operation or diverting funds earmarked for a specified purpose to any other use whatsoever. 4.1.5. Departing from or disregarding in any material respect the plans or specifications of a construction job without the consent of the owner or his duly authorized representative. 4.1.6. S~bstantially ~i~rcgcr~ing Disregards or violates lng, in the performance of his contracting business in Collier County, any of the building, safety, health, insurance or Workers' Compensation laws of the State of Florida or ordinances of this County. 4.1.7. Falsifying or misrepresenting any material fact in his application and supporting papers for the purpose of obtaining a Certificate of Competency under this Ordinance. 4.1.8. Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct includes, but is not limited to, any of the following: 4.1.8.1. The contractor fails to fulfill his/her contractual obligations to a customer because of inability, refusal or neglect to pay all creditors for material furnished or work or services performed in the operation of the business for which he/she is licensed, under any of the following circumstances: -48- Words underlined are added; words struck through are deleted. a. Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 30 days after the date of such liens; b. The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned; c. The contractor's Job has been completed, and it is shown that the customer has had to pay more for the contracted Job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. 4.1.9. Performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting, if the licensed contractor knows or should have known that the person or entity was unlicensed. 4.1.10. Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the -49- Words underlined are added; words struck through are deleted. 12C 2 quality and/or quantity of t,be unfinished or finished work product, includinq any it, em that does not function properly as a part of the entire project. If there is no written agreement provision regarding tLe specific faulty workmanship issue, faulty workmanship exists if tke work, process, product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto. 4.1.11. Failure to maintain at all times, with an insurance company authorized to do business in the State of Florida, the limits of liability and other categories of insurance as required by this Ordinance. 4.1.12. Failing to claim or refusing to accept certified mail directed to the contractor by the Contractors' Licensing Board, or its designee. 4.1.13. Failing to maintain a current mailing address. 4.1.14. Failing to appear in person or through a duly authorized representative at any scheduled hearing on a complaint filed against the contractor. 4.1.15. Being convicted or found guilty, regardless of adjudication, of a crime in Collier County which directly relates to the practice of contracting or the ability to practice contracting. 4.1.16. Allowing another to take a qualifying examination on the applicant's behalf. 4.1.17. Engaging in contracting business in Collier County or the City of Naples when prohibited from doing so by the Contractors' Licensing Board of Collier County. 4.1.18. Proceeding on any job without obtaining applicable permits or inspections from the City of Naples Building and Zoning Division/Collier County Building Review and Permitting Department. Words underlined deleted. are added; -50- words struck th£ough are 4.1.19. Failing in any material respect to comply with the provisions of this Ordinance as a contractor or as a qualifying agent for a business entity engaging in contracting. 4.1.20. Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for subcontracted work, labor, or materials which results in a financial loss to the owner, purchaser, er contractor; or falsely indicating that Workers' Compensation and public liability insurance are provided. 4.1.21. Failure of a qualifying agent for a firm/legal business entity to comply with the requirements set forth in Sections 489.119 and 489.1195, Florida Statutes. 4.1.22. Falsifying or misrepresenting any material fact to another person with the intent or for the purpose of engaging in the contracting business, providing materials or services, or soliciting business for an employer, as a contractor, or as an employee, regardless of any financial consideration. 4.1.23. Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage. 4.1.24. Misconduct in the practice of contracting (See section 4.21 below). 4.2. Misconduct - Stat~ Certified Contractors The following actions by State Certified Contractors shall constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance. 4.2.1. Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage. 4.2.2. Willfully violating the applicable building codes or laws of the state, City of Naples or Collier County. 4.2.3. If the Board finds through the public hearing process that the contractor was found guilty in another county or manicipality within the past twelve (12) months, of fraud or a willful building code violation and finds that such fraud or -51- Words underlined are added; words struck through are deleted. violation is fraud or a violation if committed in_Collier County or the City of Naples. 4.2.4. Fraud. 4.3. Disciplinary Proceadings! including Minor Violations. 4.3.1. There are three (3) categories of violations: (i) Violations of subsection 489.127(1), F.S.; Violations of subsection 489.132(1), FoS.; and (iii) other violations within the jurisdiction of the Contractor's Licensing Board. a. Subsection 4~9.127(1), F.S., is incorporated herein. (Lack of required license, certificate, or registration). The following are designated to enforce subsection 487.127(1), F.S.: Collier County Building Official, all License Compliance Officers, the Chief Building Inspector, Chief Electrical Inspector, Chief Plumbing/Mechanical Mechanical, and/or other inspectors authorized from time-to-time by the Building Official. Procedures specified in this Ordinance shall apply except to the extent, if any, that Section 489.127 or Section 489.132, may require different procedure(s). The penalties for each uncontested violation of subsection 489.127(1) and/or 489.132(1).{ F.S., are three hundred ($300) dollars for the first uncontested violation and five hundred dollars ($500.00) for each subsequent uncontested violation by the same individual or entity. Penalties for contested violations of subsection 489.127(1), F.S., are as now or hereafter specified in Section 489.127t F.S. Penalties for contested violations of subsection 4~9.132(1), F.S.~ are as now or hereafter specified in Section 489.132~ F.S. The Citation form attached hereto as Exhibit "A" is approved, which form may be amended from time-to-time by Resolution of the Board of County Commissioners. b. Minor Violations: The Contractor Licensing Supervisor or designee shall issue a "Notice of Noncompliance" as the County's first response to a minor violation of any provision of an,/ regulatory law~ including this Ordinance, when (i) it is reasonable for Staff to assume that the violator, at the time of violation, was not aware of the provision that was violated or it can be assumed that it was not clear to the violator how to comply Words underlined are added; deleted. -52- words struck through are with the violated provision; and (ii) that violation has not then resulted in economic harm or physical harm to any person; and (iii) the violation has neither adversely affected the public health, safetyt or welfare, nor created any significant threat of any such adverse affect. The Notice of Noncompliance should identify the specific provision that was violated, should provide information on how to comply with that provision and should specify a reasonable time for full compliance. The Notice of Noncompliance shall not be accompanied with any immediate threat of any monetary fine or any other disciplinary penalty, but may specify that failure of the violator to correct the violation within the time specified in thm Notice for Compliance may result in disciplinary proceedings. Each violation that is not a "minor" violation is a "major" violation. c. Major Violations. The Contractor Licensing Supervisor, or his designee, may initiate disciplinary proceedings against a licensed contractor for major violations of this Ordinance by filing a sworn complaint with the Clerk to the Collier County Board of County Commissioners. 4.3.2. Any person who believes that a contractor holding a Certificate of Competency has violated this Ordinance may submit a sworn complaint to the Contractor Licensing Supervisor, or his/her designee. The complaint shall be in substantially the form prescribed by the Contractor Licensing Supervisor. The complainant shall pay a fee of $50.00, to defray the costs of administering the complaint, at the time of filing the complaint. The complaining party shall state with particularity which section(s) of this Ordinance he or she believes has been violated by the contractor and the essential facts in support thereof. 4.3.3. Upon the submission of a sworn complaint, the Contractor Licensing Supervisor, or his/her designee, shall conduct a preliminary investigation and determine whether the complaint submitted warrants the filing of formal charges. If charges are warranted, the Contractor Licensing Supervisor, or his/her designee, shall file the complaint with the Clerk to the Collier County Board of County Commissioners and shall send, by certified -53- Words underlined are added; words struck through are deleted. mail, return receipt requested, a letter to the licensed contractor at his local address, or if applicable the local agent's address, as shown by the records of the Contractors' Licensing Board, enclosing a copy of the complaint and indicating: a. The name of the complainant; b. The date(s) of the commission of the alleged offense(s); c. The section(s) of this Ordinance alleged to have been violated; d. The range of disciplinary sanctions which may be imposed upon any contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the event said Board finds a violation of this Ordinance to have occurred; e. The date, time and place at which the contractor shall appear before the Contractor's Licensing Board for a hearing regarding the complaint. The date scheduled shall not be sooner than twenty (20) days from the mailing date of the certified letter. 4.3.3.1. The notice of hearing required by this Section may, in the alternative, be accomplished by hand delivery of said notice to the contractor by the Contractor Licensing Supervisor, or his/her designee, or by leaving said notice at the contractor's business or usual place of residence with some person of his/her family over 15 years of age and informing such person of the contents of the notice. 4.3.3.2. As an alternative to providing notice as set forth above, at the option of the Contractor Licensing Supervisor, notice may be furnished to the contractor by publication as follows: a. Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of -54- Words underlined are added; words struck through are deleted. newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements; b. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. Notice by publication may run concurrently with, or may follow an attempt or attempts to provide notice by hand delivery or by mail as required by this Section. 4.3.3.3. Although not required to prove that notice was provided, evidence that an attempt has been made to hand deliver or mail notice as provided in this Section, together with proof of publication as provided in Subsection 4.3.3.2, shall be sufficient to show that the notice of hearing requirements of this Section have been met, without regard to whether or not the alleged violator actually received such notice. 4.3.4. Conduct of hearing. 4.3.4.1. A hearing shall be held concerning the complaint and it shall be open to the public. 4.3.4.2. The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. Any party may have a court reporter present at the hearing at his\her own expense. Neither Collier County nor the Contractors' Licensing Board shall be responsible for any failure of recording equipment during the conduct of the hearing. 4.3.4.3. Each case before the Contractors' Licensing Board shall be presented by the County Attorney, an Assistant County Attorney, or by a meraber of the County staff. Regarding matters under the jurisdiction of the Contractor's Licensing Board, the Building Official is authorized to issu~ subpoenas to the greatest extent then allowed by law, including Section 162.02, F.S. -55- Words underlined are added; words struck through are deleted. 4.3.4.4. Assuming proper notice of the hear£ng has been provided to the contractor as provlded in Section 4.3.3 of this Ordinance, a hearing may proceed in the absence of the Contractor. 4.3.4.5. The Contractors' Licensing Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Contractors' Licensing Board shall hear testimony from the Contractor Licensing Supervisor, or his/her designee, from the contractor alleged to be in violation of this Ordinance, and from such other witnesses as may be called by the respective parties. 4.3.4.6. Formal rules of evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient, by itself, to support a finding unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. 4.3.4.7. Any member of the Contractors' Licensing Board may question any witness before the Board. Each party to the proceedings shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine witnesses; to impeach any witness regardless of which party called the witness to testify and to rebut any evidence presented against the party. 4.3.4.8. The chairperson or, in his/her absence, the vice chairperson, shall have all powers necessary to conduct the proceedings at the hearing in a full, fair and impartial manner and to preserve order and decorum. -56- Words underlined are added; words struck through are deleted. -- 4.3.4.9. At the conclusion of the hearing, the Contractors' Licensing Board shall issue findings of fact based on evidence of record and conclusions of law; impose disciplinary sanctions, if warranted; and shall issue whatever order is necessary and proper to dispose of the complaint in accordance with this Ordinance and Florida law. Said findings of fact, conclusions of law, disciplinary sanctions, if any, and any related order shall constitute the decision of the Contractors' Licensing Board on the case heard before the Board. 4.3.4.10. The decision of the Contractors' Licensing Board shall be stated orally at the hearing and shall be reduced to writing and mailed to the parties within ~-~ 30 days after the hearing. The findings of fact and conclusions of law, disciplinary sanctions, if any, and any related order shall be made by motion approved by a majority of the members of the Contractors' Licensing Board who are present and voting. The decision of the Board shall be effective upon being stated orally at the hearing, unless the Board orders otherwise. The decision of the Board shall be filed with the Clerk to the Collier County Board of County Commissioners promptly after said decision is reduced to writing. 4.3.4.11. Should the Contractors' Licensing Board be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Board may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto by members of the Contractors' Licensing Board shall take place only at a public meeting of the Board. The Board shall thereafter issue its decision pursuant to Subsections 4.3.4.9 and 4.3.4.10 of this Ordinance. 4.3.5. Dimciplinary S~nctions. 4.3.5.1. Holders of Collier County/City of Naples Certificates of Competency. If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a contractor, within the meanimg of Section 4.1 of this Ordinance, -57- Words underlined are added; words struck through are deleted. said Board may, but shall not be required to, impose any of the following enumerated sanctions, alone or in combination: a. Revocation of a Collier County/City of Naples Certificate of Competency; b. Suspension of a Collier County/City of Naples Certificate of Competency; c. Denial of the issuance or renewal of a Collier County/City of Naples Certificate of Competency; d. A period of probation of reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of the Contractors' Licensing Board; and/or participation in a duly accredited program of continuing education directly related to the contractor's contracting activities. Any period of probation or continuing education program ordered by ~he Contractors' Licensing Board may be revoked for cause by said Board at a hearing noticed to consider said purpose. The contents of said notice shall be substantially as provided for in Section 4.3°3 of this Ordinance. Service of said notice shall be as provided in Sections 4.3.3 and 4.3.3.1 of this Ordinance. Evidence that either of these methods of service have been utilized shall be sufficient to show 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; f. 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 permits with specific conditions.__; -58- Words underlined are added; words struck through are deleted. of Competency. a. Reasonable investigative and legal costs for the prosecution of the violation. 4.3.5.2. ~oldars of State of Florida Certificates If, after hearing, the Contractors' Licensing Board finds that there has been misconduct by a State certified contractor, within the meaning of Section 4.2 of this Ordinance, said Board may deny the issuance of Collier County /City of Naples building permits or require the issuance of permits with specific conditions. b. Notification of and information concerning such permit denial shall be submitted to the Florida Department of Business and Professional Regulation within 15 days after the Contractors' Licensing Board decides to deny the permit. 4.3.5.3. When imposing any disciplinary sanction on a contractor or a person holding a Certificate of Competency or a state certified contractor who has been found to have violated this Ordinance, the Contractors' Licensing Board shall consider all the evidence presented at the hearing as well as: a. The gravity of the violation; b. The impact of the violation on the public health, welfare or safety; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator; e. Any other evidence presented at the hearing by the parties relevant as to the sanction which is appropriate for the case given the nature of the violation and the violator. 4.3.5.4. Any disciplinary sanctions imposed by the Contractors' Licensing Board shall be effective upon being stated orally at the hearing unless the Board orders otherwise, all in accordance with Section 4.3.4.10 of this Ordinance. -59- Words underlined are added; words struck through are deleted. organization's local license, and any fine the Contractors' Licensing Board may impose, the Contractors' Licensing Board shall issue a recommended penalty for the State Construction Industry Licensing Board or if the action involves an electrical contractor or an alarm contractor, the State Electrical Contractors' Licensing Board action. This recommended penalty may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the Construction Industry Licensing Board or Electrical Contractors' Licensing Board, or a combination thereof. The Contractors' Licensing Board body shall inform the disciplined contractor and the complainant of the local license penalty imposed, the penalty recommended, his rights to appeal, and the consequences should he decide not to appeal. The Contractors' Licensing Board shall, upon having reached adjudication immediately inform the Construction Industry Licensing Board or Electrical Contractors' Licensing Board of its_action and the recommended board penalty. 4.3.5.6 Fines and all other monetary penalties may be collected and disposed as authorized bY and sub4ect to Chapter 489, F.S. Should any monetary penalty imposed by the Board not be paid within the time specified by the Board's Order, the Board may re,pest from the Board of Countv Commissioners authority ~Q take appropriate legal action to collect the penalty. PART FIVE: RE-BT~ARING AND APPEALS OF DECISIONS OF THE CONTRACTORS' LICENSING BOARD. 5.].. Rehearing. 5.1.1. The contractor found to be in violation of this Ordinance may request a rehearin~ of any decision of the Contractors' Licensing Board. A request for rehearing shall be made in writing and shall be filed with the Clerk to the Collier County Board of County Commissioners, and served on any other parties, within twenty (20) days from the date of mailing of the Board's written decision under Section 4.3.4.9 and 4.3.4.10 of this Ordinance. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the -60- Words underlined are added; words struck through are deleted. Board's written decision under Section 4.3.4.9 and 4.3.4.10 of this Ordinance. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the decision of the Contractors' licensing Board. The written request for rehearing shall specify the precise reasons 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. 5.1.2. 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 meeting, reduced to writing and mailed to the interested parties within ~4~ 21 days after the decision is made. If the Contractors' Licensing Board determines it will grant a rehearing, it may: a. Schedule a hearing where the parties 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. Modify or reverse its prior decision, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Contractors' Licensing Board resulted from a ruling on a question of law which the Board has been informed by its counsel was an erroneous ruling. 5.2. A~peals. 5.2.1. The contractor found to be in violation of this Ordinance may appeal a decision of the Contractors' Licensing Board to the Collier County Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Contractors' Licensing Board. Any appeal shall be filed with the Cilcuit Court and served on the parties -61- Words underlined are added; words struck through are deleted. within thirty (30) days of the mailing of the decision of the Board under Sections 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 Circuit Court and served on the parties within thirty (30) days of the mailing of the re-hearing decision under Section 5.1.2 of this Ordinance. 5.2.2. In the event that the contractor found to be in violation of this Ordinance should elect to appeal, a verbatim record and transcript of the proceedings shall be necessary. It shall be the sole responsibility of said party to ensure that a record is made form which a transcript may be prepared which includes the testimony upon which an appeal may be taken. Neither Collier County nor the Contractors' Licensing Board shall have any responsibility to provide a verbatim record transcript of the proceedings. SECTION TWO: CONFLICT AND SEVERABILITI. In the event this Ordinance conflicts with any other ordinance of the City of Naples or Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THRZZ: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES. The provision of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier county, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish same, and the word 'Ordinance" may be changed to "section", "article", or other appropriate word. SECTION FOUR: E~'F~CTIVE DATE. -62- Words underlined are added; words struck through are deleted. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ~ , 1997. ATTEST: DWIGHT E. BROCK, CLERK j..~ ~' ~eputy Cl~rk/ "ApproVed as to form and legal"suf fi¢fency: Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FT~ORIDA · Words underlined deleted. are -63- added; words struck through are NO. ~OLUIr, R CO iIUILDL~IG REVIEW ds PERMITTING CITATION Purm~nt Lo .c,,ccti~ 489.127{3Xa). F3ortda St,fruits, thc un~crsi~ned h~rcl~ ccrlif~cs that up~'~ IX'rw'~'~al inv~if~to~ he/she has rc~s~nnblc and D'r~ablc ~r~unds to hclicvc that thc ~ v, ho~ ~ ~ bclaw, ss lssucd To. did violate Subscction 487. ] 27{ f~'id.a St.~.~, ar~ Colli~ County Co~tr~c~ot's l.iccnsin$ Ordinance No. 90-105 bc ~,T~-r. dcd from time to tlmc) b~ cammit~inl~ thc violation s~,.-'d bclow. Addrc~s= City_ 1 cIc-pho~c No. I.D. Mak~'l ?pc {if ap~l~cablc) .ocm~n of Vmh~m~ Stsc .Zip. I ha.~c hc~'n tnfom'4d of thc vml&tion of which ! ~vc ~ ch~gcd ~ cl.l I~ I) OIc~~~lt~ °rS 2) ~ I c~ ~to ~ ~c ~1~ ~ will r~,iol in ~riting ~ c~iScd mail ~J m Adminiemi~c ll~n[ ~f* ~ C~'s I.icmstn~ ~d a) ~ Frilly ~id glf m a ~i~ mgmi~ ~ ~ n Igcn~. c~ifical~holdcr c} ~ Pt~ ~ his ~ D~ ~tF~e m ~i.mi~ 0¢ ~h~, I) ~ {~ a N~i~l ~i~ mpld in cm~ing af~ ~ix~ (~) ~s ~t~ ~ibinl g~ m~ -- ~ tn. 489. 119 ~ 419.1195, h} ~ C~ ~ ~ ~ f~ whkh a ~ildint ~rm. k r~ui~ ~t SIGNATURE f INYESTIGA'~OR} F1UN f (%Ff..71~E'~'T'S NAME) PRINT (INVE~fT](3ATOR'S NAME) ~ to 4~9 127. ~ ~ wtll~ ~ ~ ~i~ ~ ~ ~ c~ ~ a (SEE ~VERSE F~ ~U~ONS) EXHIBIT A Page I of iP~yM'£,~'~r OF Cn'ATIO~; Thc pc~,~Jty fm each tmcomcsa:d ~iotatioa has bc,m x-t b,y thc Boaai o1' Ccmnty Comm~ssioocrs of Colli~ Co~an~/~ It~Ii b~ i:m'ynbl¢ to thc 13oard of County Commi,,doe, cT'K 2SOO North llc)¢~:~oc D~vc. Naples. Florida 34104. m"X later th,'m I0 d,D's of ~c nocicc ~ipt. c'xclusiv¢ of wcekcnd~s md legal holiday.s. PAYMENT MUST BE MADE BY CASil, MONEY ORDER, OR CllECK. ALL FEES MUST BE REMITTED IN U.S. F'Lr~DS FINE SCIIEDULE - LrNCO,~f'IT.S'TED VIOLATIONS I ~ IJnc. o~c~t~ Off~'~ %300.00 Each U~come.~cd Offrn~¢ Th~afl~ S500.00 R~OL*f. ST FOR Uf. ARI'HG; Ymi mr/mluc~ m Admintslritivc i tntinl, whhin ~ s.'m-,c ~-n ( I0} dr/time fr'amc. txro~c ox Collier Ce~m~ Co~trs~'~'! Licensin$ P.o~td upo~ nc~ic¢, in wrhin~. ~o thc Dtrecto~ of ~ Dul~4 R~ ~ P~I ~C lfy~ ~ ~ r~uc~ a ~ ~ of ~ C~'~ l~l ~ ~ ~ v~l~or m ~ ~e civil ~y ~ f~ ~ ~ C~ w~ I ~ A ~tfi~ c~ of~h ~d~ shall S~c If ~ th~ (3) ~ f~ fil~l ~h I~ thc li~ r~im un, id. ~ ~yin$ ~ ~o. ~ ~ ~ lim~ m ~ll~e ~ of ~c ~d ~ ~fm¢ the If you ~cd addit, i~,d infotmatiect, call £XHI I~IT A Page 2 of STATE OF FLORIDA) COUt~I'Y OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDI~%NCE NO. 97-68 Which was adopted by the Board of County Co~issioners on the 28th day of October, 1997, during Regular Ssssion. WITNESS my hand and the official seal of the Board of County Co~nissioners of Collier County, Florida, this 29th day of October, 1997. DWIGHT E. BROCK · Clerk of Courts and. Clerk Ex-officio to Boardlof County CommissionerS~ Ellie Hof fman Deputy Clerk f COLLIER COU,'CTY FLORIDA REQUEST FOR LEGAl, ADVERTISING OF PUBLIC IIEARINGS To:. Clcr~ to thc Board: Pica.se place the following XXX Normal l,:ga~ AdvcrUscm,:nt (Displa7 Adv., lootion, cie.) [-I Olhcr: Petition No. (If rome, ~iv~ brid dcscriixion): l:'clition No,.$NR-97-6 Pctltion~. CNarr~ & A~lress): Ms. G'~roli~ Soo,.mias. ~231 2~ As~rmc SW. Na_olcs. FlorHa 34119 Nan'~ & Addrms of any person(s) to bc notificxl by Clerk's Oft'~'t:. BI' mere spao: is needed, attach separate sheet) l-lo;ulna: bdore XXX BCC BZA OLaf Based on ad-,'crtiscmcnt appearing 15 days before hearing Nens-q:~apc'rts) to In: used: (Complac only d important): XXX Naples Daily News Othcr [] l.t~ally Required Proposed Tc~: (Include legal ck'scril~ion & common location & $izt: ~-l:i_t!on No. SNR-~-6. Car~lin¢$oounjas. rcoucstinz a slicer narnc chon~ from 24 6'Z~llpC S.w. ia Mahomm, Rids Drh~ Iocal~ in Golden C. alc E~)2. itt ~,ction 9. Townshio 49 Soulh. P. anzc 2(; F. asL CollJed....C~n~. Florida Companion petition(s), if any & proposed hearing date: Docs Petition Fcc include advertising cosl? ["} Yes [] No Lf Yes. a-hal account should bc clurged for advertising costs: 113-138323-649110 R~tc~-d ~ , i r, Approved by: Division Htn~d 'x.,//~ cL..Date : ~ { County ~naf,~r Dale Lift Atl~chrncnts' plSTRIBUTION 13'STRUCTIO?,'S For hearings before BCC or BI.A: Initiating person lo complete one coy and obtain Distston llead approval before ~ubmiUlog to County hlanagt'r. Note: If legal document is Ins'oh'cd, be sure thrl any flcccssar7 legal review, or request for same, is ~bmllted 1o County Attorney before ~ubmI~ttnl to County Manaicr. Thc Manager's office ~ill distribute copies: [] County Manmter aBenda flit: to [] RequestinI Distslen [] Orl:inal Ckrk'm Offkc B. ~ ~n~: Ini~dng DiHsion ~ ~ a~ a~ ~1 ~1 Io Clerk's ~, ~inln~ a co~ rot file. FOR ~E~'S O~CE USE ~LY/ / 941 'T7&-8408 941 'T74-84,06 16:12 8~' 01' 54 ~ ' 16:16 88'82'85 92~ OK, ~: 19 ~'~ )1~915 ~:21 ~81'51 91~4915 15:16 15:21 ~:23 15:~ ~81'49 11:~ 06~~17 July 15, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition SNR-97-6 Dear Judi: Please advertise the above referenced notice one time on Sunday, August 10, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Duputy Clerk Encl. P.O. No. 700012 NOTICE OF PUBLIC HEARING Notice is here~y given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, AUGUST 26, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SNR-97-6, Caroline Spounias, requesting a street name change from 2nd Avenue S.W. to ~ahogany Ridge Drive located in Golden Gate Estates, Unit 32, in Section 9, Township 49 South, Range 26 East, as recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to a~peal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY CO~4MISSIONERS COLLIER CO[~%~'Y, FLORIDA TIMOTHY L. HANCOCK, CHAIR~AN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, D~puty Clerk (SEAL) July 15, 1997 Ms. Caroline Spounias 5231 2nd Avenue S.W. Naples, FL 34119 Re: Notice of Public Hearing to consider a Petition SNR-97-6 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 26, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 10, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. ATTN: NJ~qcY SAL~ P~ BCrX &13/~16 ~(~P1.ES FL 3J, 10~-3016 .~T~,T'~7 ICTZCE C~ ~C ~4EA ON: G~/IO Ns, m .~.,~._-~ a~,::--~r~- - ', ,~ ~--,~,~-~~--'. ' _ .. ~-' .... · - ~.(,~ ~ ~<.~.~ ~ o~'s ~ ~ A~ ~ ~ ~ ..... ' ~-- '~, ~7~' ' '~ 't"'''' ' ': '~v'~'' ' ......... '~' ' '~' ' ' " '-:;"' " ' ' ' ' "' "'"' . . .~, -,- ,... -.:.-~-. ....... : - . ,'-~,' ..... ~;..'..:.'. . , .. · . ..~:. ~.-.... .-: ..... ~ '~. . ........ . · ..:. ~ c~nt~ ~om 2d A~n~ S.w. lo M~n~ ~d~e DHv~ l~3tcd in ~l~n ~i~ E~t~ Un{t 3~. in ~ion 9. T~ ~ P~2~ E2~. ColB~r Ccun~. ~oHda 1~1 ]~323~91 I0 For h~n~ before Bce or B~: ~ltl3fln~ ~n to compile one coy ~nd obtain Dl~slon Head app~ ~o~ ~bm[~lnt to C~nty Manner. Note: Ifil d~ment ~ im'oh'ed, be ~re that any n~a~ for t~ is ~bmlt~cd to County Attorney ~o~ submitting to C~nty Mana~r. ~e Mnnatcr's c~l~: [-] Coeat7 M~3=er n~nd= file: to ~ Requesting Di&islon ~ Od~n~ ' ~ RESOLUTION IlO. 97- . RESOLUTIO:~ RE,lAMING 2~'~- AVE~IUE S.W. TO "MAHOGA~;Y RIDGE DRIVE", WHICH STREET IS LgCATED I?~ GOLDEN GATE ESTATES U~III 32, SECTIO:I 9, TOWNSHI? 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and ro&ds, except for certain state roads; and WHEREAS, the Board o~ County Commissioners has been requested to confirm the renaming of 2~ Avenue S.W. to Mahogany Ridge Drive. This street is locate~ in Section 9, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat thereof, recorde~ in Plat Book 7, Page 21, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM~4ISSIONERS OF COLLIER COU~ITY, FLORIDA: The name of this street is hereby changed from 2~ Avenue S.W. to Mahogany Ridge Drive and is confirmed as such. BE IT FURTHER RESOLVED that this 9esolution be recorded in the Public Records of Collier County, Florida, an~ noted upon the maps of the street and zoning atlase:~ of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Student Assistant County Attorney BOARD OF COU~;TY COMMISSIONERS COLLIER COU~TY, FLORIDA BY: TI~,OTHY L. HANCOCK, Chairman FIIA ca-vex) !ii1111!1111111111111111111111111111111111111111111111111.111111 ,11111111111111111111111111111111111111111111i!11111111111111111 IDat:l ~7J~o]~'~3: (8].~} 774-8~06 10:01 September 2, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition SNR-97-6 Dear Judi: Please advertise the above referenced notice one time on Sunday, September 7, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 704259 17C3" NOTICE OF P[JBLIC H~ING Notice is hereby Given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SEPTEMBER 23, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition S7~R-97-6, Caroline Spounias, requesting a street name change from 2nd Avenue S.W. to Mahogany Rid~;e Drive located in Golden Gate Estates, Unit 32, in Section 9, To'~nshiD 49 South, Range 26 East, as recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida. All interested parties are invited to attend, to re~ister to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) RESOLUTION NO. 97- RESOLUTION RENA/4ING 2~'4 AVENUE S.W. TO "MAHOGANY RIC~E DRIVE", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TO~qqSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Co~=missioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Com~dssioners has been requested to confirm the renaming of 2"~ Avenue S.W. to Mahogany Ridge Drive. This street is located in Section 9, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat thereof, recorded in Plat Book 7, Page ~1, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and .. WHEREAS, it is necessary for identification purposes to confirm the name of this s~reet, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from 2~4 Avenue S.W. to Mahogany Ridge Drive and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notation~ made on the referenced ~lat. This R~ .... tion ~dopted after motion, second and majority vote. Done this day of ~ __, 1997. ATTEST: ~roved as to Form and Legal Sufficiency: Stude'nt Assistant County Attorney BO.re_RD OF COUNTY COMMISSzONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. M3%NCOCK, Chairman September 2, 1997 Ms. Caroline Spounias 5231 2nd Avenue S.W. Naples, FL 34119 Re: Notice of Public Hearings to consider Petitions ~-97-6, SNR-97-7, SNR-97-8 and SNR-97-9 Dear Petitioner: Please be advised that the a~ve referenced petitions will be considered by the Board of County Co~missioners on Tuesday, September 23, 1997 as indicated on the enclosed notices. The legal notices pertaining =o these petitions will be published in the Naples Daily Ne~s on Sunday, September 7, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosures I~F[A~CE: C~Z1JO ST~$eOl~ Il)TlC[ OIr iPT~LZC IdEA Aff4~t f~t~r ~l t~t t~ ~d ~ ~iCy ~4~ tn MId ~LLler ~ty, F~, ~ Co~Lter C~ty, f~t~, f~ · ~4~ of I ~e dli~t, r~te, c~$185~ ~ ref~ f~ t~ ~Lt~tt~ tn t~ Mid ~r. ru~.l~o c~: c~/o~ SPACE: 59,CX~ ~;LED oH: 09/08/97 l~f ?~40 2243383 OR: 2360 PG: 0705 L1COIDID lm t~e Oi'~CL~ II~t~$ o! ~;~,I11 cogrrT, fL RESOLUTION NO. 97-408 He 12C RESOLUTION RENAMING 2n~ AVENUE S.W. TO "r4AHOGANY RIDGE DRIVE", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of 2"~ Avenue S.W. to Mahogany Ridge Drive. This street is located in Section 9, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat thereof, recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUI]TY, FLORIDA: The name of this street is hereby changed from 2~ Avenue S.W. to Mahogany Ridge Drive and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Doae this ~'~ AT-?EST: :., , ~ '~.i -,' ~-~"' '. ' / / I~I~"HT. . E.> B~OCK~.~ Clerk / A~ov~d'as t~'.Form and Legal Suf[~ie~: ~ Marjo~e M. Student Assistant County Attorney day of//~z'~~ , 1997. BOARD OF COUNTY COMMISSIONERS / T~MOTHY/fY ~COCK, Chairman / 12C4 · 774-8(08 C~l Zl l~eec~:n{ TOTI:~. tIF-'~S 3 12 4 July 15, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition SNR-97-7 Dear Judi: Please advertise the above referenced notice one time on Sunday, August 10, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 12C4 *,,I NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, AUGUST 26, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SNR-97-7, Caroline Spounias, requesting a street name change from 4th Avenue S.W. to Carrotwood Road located in Golden Gate Estates, Unit 32, in Section 9, Township 49 South, Range 26 East, as recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writinG, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF CO~{TY CO;{MISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIP~%N DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) July 15, 1997 Ms. Caroline Spounias 5231 2nd Avenue S.W. Naples, FL 34119 Re: Notice of Public Hearing to consider a Petition SNR-97-7 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Co~issioners on Tuezday, August 26, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 10, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. ! COLLIER COUNTY' FLORIDA REQUEST FOR LEGAl, ADVERTISING OF PUBLIC ilEARI,N'GS 'To: Cler~ 1~ Iht Bcal'd: ~-,~ place Ibc foll~wlng as ~: XXX Norrr~l Icgg Ad~i~mcnt (Display ,~v., kx~tion, ccc.) [] C~her: G2C4 Origin~tJng Dc~ Div. CommDcv. Scrv./l~nning Pcd~on No. Of none, ~ivc bdcl.&'SCTi~on): Pclitie. ~o. SN'R-~'/-? ?ctitioncr: (Name & ^cldrcss): bJ.LCa.colinc Sc~ouninsL,~2]l 2'" Avenue SW. Haoles. Flori~ 34119 ~an)e &:Addrcss of any person(s) to bc ncxificd by C'lcrk's Off'sot: Of morc space is ncc6ccL attach scparatc si,eCl) }{ca~n~ bcforc XXX BCC BZA Other ~cd F, carin~ ~lc: ?'/~ ~-/'~ ~/ Based on ad',zniscmcnt appearing l~ ~ays before ix=rim& / Ncw,spapcr(s) to bc used: (Comp~e only il' important): XXX Naples Daily Nc'~s Other E] Legally Rccluircd Pfc, posed Tex:: 0ncludc legal description & common location & Size: Pet/lion rio. $NR-97-7. Caro_li~ $oounias. rca,~csling street name I;baJ~.¢ from ,South. Range ?.6 East. CollicrC~ Companion pcxilion(s), if arty. & proposed hc:u'ing date: Docs Pcthion Fee include ad',cnisin$ cost? [] Yes [] No ff Yes, ~hat accounl should be char$cd for advertising costs: ! 13-13S323./49110 D'vis'on Head ~.'t.~.,/~L... Date List Attachments: Approved by; County Manager Date D !STR! B UTIO,"¢ I~'STIR UCTION$ For hearinl~ before BCC or BZA: Initiating per~on m complete one coy and obtain Division llead approval before submiltinl: 1o County Mnna~cr. Hole: If legal document Is Invohzd, be sure that any necessary legal review, or request for same, Is submitted to County Allorney before submitting to Count)' Manager. The Manager's office ~ill distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] OHginal B. Other hearings: Initiating Division head to approve and submit origirml to Clerk's Office. r~aining a copy for filc. Date Rtccivcd: _ ~DaIc of Public hcoring~ ~ Dale Advertised: 7 / / RESOLUTION NO. 97- 12C RESOLUTION RENAMING 4~" AVENUE S.W. TO "CARROTWOOD ROAD", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWUSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of 4th Avenue S.W. to Carrotwood Road. This street is located in Section 9, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat thereof, recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFOFE, BE IT RESOLVED BY THE BOARD OF COU~TY COMMISSIONERS OF COLLIER COU~;TY, FLORIDA: The name of this street is hereby changed from 4:a Avenue S.W. to Carrotwocd Road and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjor~e M. Stu~ent~~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman Aff~dwft of P,~L~cotlofl 1294 IOAAO O(r C~JqTY C~IqIssIc)KItS AT~: #J~qCl' SAL~LS~ Ccu~ ty ~r ~f~t t~ ~rs~ ~tty, ~LLy Afft~t f~t~ ~ ~ ~ N~ ~(~ ~tty ~zt ~ec~t~ t~ first p~{lcltt~ ~ t~ ~m. ls~O o~: C~/10 ).O St'lC(: &S.O00 ~' ° . COLLFEI ° -... :.. ,REQUF.$'I FOR L£GAL · To: Clerk lo thc Board: Pie: ,-- .". ~ Petition No. ('ff no ' PcdGoner.' (%'arrm es. Florida 3 ~-,,..-~-'., ~_,T?~?'.e¢,r~.'~.7'-~.-,.~ ~'¢'!~t~,ri~~~~~ ; ~ ~'orl',cr~i~'~'~,: "~U '~'J. -~'-.,r~ -~ '~.,~ ~ ' , · l',arne & A~-c:ss of a.~ Ixr~n(s) to_b: -no,.,L6~ by Clerk s C~cr. (Il' more spac~ ts n~...atucn scenic sr.-ct) ~ ~.-~--.-~-~ ~.".-.' -, .... ~ ...... ~/',~ ~ ~.,~. ..... ~,~,,~,............ . · _~.: ... · ...._ .. .... ~. .~,%:.,, -. ,-..-..- ~ ~. ...... -. ..Z'~ "2~-,:, - · . ;' Hearing before XXX BCC.a-~.,,~BZA~. ~.-Ot~r ..... :,-~ -? ', .-.'.. c- -. --' ?'" ' · "~-"..~ +,~'~L'"~. ,,-'~ · · - . .~ .t':;~'¢ . o .~ .~. .- . . P.~F~g~d H~ng d~c: '~~'~-~-~'~ '"":' ?' -' '~' Based on a~,~rus~rnent apl:~anng 15 da.~ b~l'o= heannF,..-.. ~.~.. i? : .. ..... - .~'xr.~---..-...,. ·,,-_ _._' ._.. ....... ,:,~. ,.-.-.--' ........ ' ~; · ... ... .. ,. .. .... ;.-~-: .... - ......'.~.-; . . ",~,--:...'.'.~_'i.~." b,~,,.:;:~.;:; -" ;-,'" ','" .'· ' ' .... :......;.,,...,~,,; . ...- .. . . , , 'r"$"r'*,---.'~.-t~.~;: ': .... , - - .'.o. ?,"o~sed Text (Ira:k~e leF. al de~nFtion & common localica & Size P::itlon ;;'~ S,',~.gT.? c.,~:?fl~; f~unias, r~aut"stinl a 5,'ruth. Par.~: 25 £$si Collier Counrr. Flori~l C~mpar, ion ~u:.onis). if any & l::opos~ l'.ear'.::{ Docs Pe:~uen Fcc in:;ugc a'i'.xrlisini co,'17 [] Tn [] No If Yr';. ~h~t a;-'¢u.~: lh-~uld b: cl:arg:d for ad, erasing costs: : Ai~achmenL~; //. Approved ~?. .. Counl7 Mar. a~:r Date " eo DISTR!BUTION ,~5, TRI~T"IO N~ . - ._~¥,. A. }'or hearings before Bec or BZ.A: laltiatln[ person to complete one coy and obtain Division llcad appro~-il before submittint: to County ,~anazcr. Note: If le,~al gocumcnt [$ [nvol~cd, be sure that any ncce$$ar7 lc%al re~icw, or rtques for same. is sub'nittol to County Attorney before sul~mlltin~ to County 3Inhaler. The 31ana:~er's office ~'ill dis-tribute copies: [] County blaring, er agenda file: to [] Requesting Di~i~ion [] Orig, inal ::. --,.- '..~.. Clerk's Office -' .- T% Utile h:ana$$; Iniuaun[ Division head to approve and s'ubrrdt ori$inal to Clerk's Off, ce, fttaininli a copy for fdc. "· " " '.' :' .: ...... !: 7 '. . 7. : : : , "_ ' 5 ' : ' ; : 7 " ' " ' ; g;.".' 7 ; ..... ."'" ,Daig ~. -~:~'~)at~ of Pubh¢ hca,,4ng: ........ .Date Advcruscd, RESOLUTION };0. 97- 12C4 RESOLUTION REN~ING 4~ AVENUE S.W. TO "CA~ROTWOOD ROAD", WHICH STREET IS LOCATED GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, PJg~GE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Cor~-~ssioners is ~uthorized pursuant to authority of Chapter 336.05, Florida S~atutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Co~issioners has been requested to confirm the renaming of 4th Avenue S.W. to Carrotwood Road. This street is located in Section 9, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat thereof, recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no s~reet in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for iden~ification purposes to confirm the name of this street, ~;OW THEREFORE, BE IT RESOLVED BY THE BOARD OF COU~TY COMMISSIOMERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from 4TM Avenue S.W. to Carrotwood Road and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, an~ noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Pla~. This Resolution adopted after -~- , mo._,n second and majority vote. Done this day cf , 1997. ATTEST: DWIGHT g. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjorge ~ Studdnt Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman · 120~,~. II1111111111111111111111111111111111111111111111111111111.111111 II' II I Ilililililillllllllillillllililillllllllllilillllilllilllllllil (8~) oo 774-8&06 18:81 ~01'51 88'81'~ ~81':~ 8~5'24 '774 1 2C4.. , September 3, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition SNR-97-7 Dear Judi: Please advertise the above referenced notice one time on Sunday, September 7, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellte Hoffman, Deputy Clerk Purchase Order No. 704259 12C4 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SEPTEMBER 23, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SNR-97-7, Caroline Spounias, requesting a street name change from 4th Avenue S.W. to Carrotwood Road located in Golden Gate Estates, Unit 32, in Section 9, To~ship 49 South, Range 26 East, as recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to a~peal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUN"FY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 12C September 2, 1997 Ms. Caroline Spounias 5231 2nd Avenue S.W. Nsples, FL 34119 Notice of Public Hearings to consider Petitions SNR-97-6, SNR-97-7, SNR-97-8 and SNR-97-9 Dear Petitioner: Please be advised that the above referenced petitions will be considered by the Board of County Commissioners on Tuesday, September 23, 1997 as indicated on the enclosed notices. The legal notices Pertaining to these petitions will be published in the Naples Daily News on Sunday, September 7, 1997. You are invited to attend this public hearing. Sincerely, gllie Hoffman, Deputy Clerk Inclosures ATTN: ~ ~0 I~X &1~6 ILEJr EJ~LNCE: C~Z30 .~(J&SI? NOTICE Of I~.lC FlEA ~t~te of Fl.o~-tda ~4r~ B. ~, ~ ~ ~th ~ t~t ~ DaiLy ~s, · ~tty ~t ~Lt~ ~ ~L~, tn CotLte~ C~ty, KLort~: t~t t~ Itt~ Afft~t f~t~ ~. ~t ~ Mtd ~t~ ~tty ~ 1i · ~ ~Lt~ ~ ~[~ Iff Mid ~Ltter ~ty, FL~tM, ~ ~t ~ dtl~t, r~te, ~lsit~ ~ ref~ f~ tM ~Lt~tim iff ~ Mid ~. ECP 7240 *** 2243384 OR: 2360 PG: 0706 *** RICO~10 1~ the OI}ICIAL II¢OLI)S of COLLII~ COI)~I, FL 11/04/97 at 10:(3~M D¥IGBY I. )lO~[, CLIH RESOLUTION NO. 97- 409 C0}IIS 1.00 12¢'4 RESOLUTION RENAMING 4th AVENUE S.W. TO "CARROTWOOD ROAD", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAS~, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Com/nissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of 4th Avenue S.W. to Carrotwood Road. This street is located in Section 9, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat thereof, recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from 4th Avenue S.W. to Carrotwood Road and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. QQne this o~/~/~ . , ~/ ~TTESD: . ~GHT-.E J--~R~K, Clerk "Ap~v~'~~ to Form and Legal Su f'ficiency: This Resolution adopted after motion, second and majority vote. day of ~,¢~/ , 1997. Marjor~)e M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIE~OUNTY,, FLORIDa' TI~MO-THY L/H4~NddCK, Chairman / , COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement [] Other: (Display Adv., location, etc.) Originating Dept/Div: Petition No. (If none, give brier' description): petition Ng. $NR-974 Petitioner: (Name & Address): Ms. Car01in.eS~unias, 5231 2~ Avenue SW, Naples, Florida 341 !9 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before XXX BCC Requested Hearing date: BZA Other ~['.; tx/'t' ? Based on advertisement appearing 15 days before heating. Nc~xpaper(s) to be used: (Complete only if important): XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. SNR-9?-8, Caroline Spounias. mr~uesting a ~reet name change from 6~ha Avenue S.W to Tamarind Ridqe Drive located in Golden Gate Estales Unit 32, in Section 9, Town~;hip 49 South, Range 26 East, Collier County, Florida Companion petition(s), if an)' & proposed hearing date: Does Petition Fee include advertising cost'?. [] Yes [] No If Yes, what account should be charged for advertising costs: 113-138323.-6491 I0 Reviewed by: Approved by: Dix4sion~H~d %,'~(._~ Date ' County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initialing person to complete one coy and obtain Division Head approval before ~ubmitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessa~' legal review, or request for same, is submitted to County Attorney before submitting to Count)' Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Dh'islon [] Original Clerk's Office B. Other heatings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ID TOTgL I~PGS 6 July 15, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition SNR-97-8 Dear Judi: Please advertise the above referenced notice one time on Sunday, August 10, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 12C5 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, AUGUST 26, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition 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, Township 49 South, Range 26 East, as recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) July 15, 1997 Ms. Caroline Spounias 5231 2nd Avenue S.W. Naples, FL 34119 Re: Notice of Public Hearing to consider a Petition SNR-97-8 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 26, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 10, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. RESOLUTION NO. 97- 1205 RESOLUTION RENAMING 6~h AVENUE S.W. TO "TAMARIND RIDGE DRIVE", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of 6th Avenue S.W. to Tamarind Ridge Drive. This street is located in Section 9, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat thereof, recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from 6th Avenue S.W. to Tamarind Ridge Drive and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marj°~e M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman Naples ~a~L¥ Heys NapLes, FL 33940 Affidavit of PubLt~mtto~ 12C.5 BOARD OF COUNTY CCMHISSZOelERS ATTN: NANCY SALOGUB PO BOX 41~016 NAPLES FL 34101-Z~016 REFERENCE: 001230 --700012 57547218 NOTICE OF PUBLIC NrA State of Florida County of Collier Before the undersigned authority, persooelly ap~eerecl B. Leah, ~ho o~ ath says t~t the serves as the Asaistant Cor~rate Secretary of the tn Collier C~ty, Ftori~: t~t t~ attach~ c~ of the ~vertist~ vas ~blts~ tn ~td n~sN~r m ~tet Affiant further ays t~t t~ ~td ~[et ~t[y Collier C~ty, F[orta, ~ t~t t~ n~s~r ~t heretofore ~ ~blis~ in raid Collier C~ty, ~Lor~, ~& attar at t~ ~tt office tn ~Lel, ~n aid Collier C=ty, FLorida, for a Nrt~ of I yar next prec~t~ the first ~blt~t~ of t~ attac~ c~y of ~ertts~t; ~ Ifftet further ~ayt t~t t~ h~ nett~r Ntd ~r prats~ any ~r~, firm or c~rmtt~ a~ dttcmnt, recta, c~i~mtm or ref~ for t~ ~r~se of lecurt~ that ~erttm~t for ~bLi~t~m tn the said n~r. PUBLISHED 0~: 08/10 AD SPACE: 49.000 INCH FILED Ofi: 08/11/97 Signature of Affiant S~onn to end Subscribed before QRmly' ~: :enfl~, 33~1 Ead To- ....... ~ BeOk 7; ~ 21, d / --4 Ju~h A. Flan~an MY COMI~S,StON f CC54~787 EXPIRES Feb~;a~ 19, 2000 i111111111111111111111111111111111111111111111111111111111.111111 iii!1111111111111111111111111111111111111111i111111111111111111~ Co.Ll.i. ar Cmm'L-'~ ~ouse (8~3) 77~-~408 (813) 776-8606 12C5 September 3, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition SNR-97-8 Dear Judi: Please advertise the above referenced notice one time on Sunday, September 7, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 704259 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SEPT~4BER 23, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SI~R-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, Township 49 South, Range 26 East, as recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COLrNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) '~mo~! J. ~ D~rk~ 3 Pamela $. ~ Dtstrk:t 4 Dbtrk:t 5 3301 East Tarniami Trail * Na~, Fkxida 34112-4977 (941) 774-8097 · Fax (~j41) 774-3602 12C September 2, 1997 Ms. Caroline Spounias 5231 2nd Avenue S.W. Naples, FL 34119 Re: Notice of Public Hearings to consider Petitions SNR-97-6, SNR-97-7, SNR-97-8 and SNR-97-9 Dear Petitioner: Please be advised that the above referenced petitions will be considered by the Board of County Commissioners on Tuesday, September 23, 1997 as indicated on the enclosed notices. The ~egal notices pertaining to these petitions will be published in the Naples Daily News on Sunday, September 7, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosures OI.i,IF~ COUNTY FLORIDA ',AL ADVERTISING OF PIBSLIC HEARINGS' To: Clerk to tl~e dace iht follOw, in .... ' :; "~'~":':;' -'.'-:';'.."';'~::-7.-' '::'o..:, ..': .... .,; .:: · =XXX Normal legal Ad¥crtLscmcnt ,.:,~'~-,.~ [-] ;Z" ..... :,. ~.¥~.-?:: ,;'--'~'"" *?"-'": , , !" ~ -*."'a.:-; .-?(Di~ia~,'Ad¥.,:loc!ati~r~ crc.) :""";' ' :"':"~'-' i~, t. i ' ?.;-- ·. :.z:.;>' --: ':'.' ..... .ii,5':." ~-~'.. -' -.. , ~-. ~ , '.~;,/~ -,-.,~._'.-,,:':.. . ~.~"~.~.~ ,~.:;.':ce.- .-:, ~;-- -/..'~ E . ...... : , .. ,.~. r....~..~ -....: o .. ,~,.-: . ._~', ./.. --"::..:,~.~-:...::-~.~:,.. .- .... ..,,.. Pc~donc i4119 Clerk's Office: (If mor~ space 2s · - .. .... ~ ....... .. .... ..~..... ........ ,.,. · "'"" y._ .,=rai xxx :<c -!'? V ' ..... · .:. ~:'-?. .... ,,~ .. ~ .-:..;-- ..- -:.r,...;-:: ·. ---~.f:i.~'?"'z:Z:'T~ ' '-" ~ ' .... '~....-.-,J-.'-~ ;7 ".. '-.'.:'.:'.:'.'.:..~'.v:~-::~'~·'-'~-'¥;,:-: : - -.--.-,-~7 :.;'.~.: -' ~. ' ' ' , - .'::'" : '; ' ' ' :; '" "' ' . :~i' .7':.,'?;'=''. ".;-~.~-:',-,~: '~; ,~,--'~.'*'"'¢,.!',~'"-' -Zx- ~'" "-7~;'..,.,.,-,.:--- -.'r:-.~--_--~T.'.a-.· ,;.'- ;".~'.' '..t'~ ..... '..'I..T~": ",.:.-..;:: · · . :"- , . --'..:. ~ ' '' .-- .......... ,,,~-~ ~ .'~'~",$,,..~'~ -_~i~._":~... · .. ~ ..... .. -,,-- · :..:, .... ,.-:~' ..... .r: ,~.-., - ..... .- - ~ ...... · ~.·:..,.. ).?~'p..ape:'(s) ~o be u-sod. :(Comple.t~ only ifzmpottant): ;?~,~.%=,~-~=. i=,~.~-,e;,,-._::·z~?-/..~.~?a.~.~';;; '...; .2:'-z o.~,,.?.-z.-.,.~: .' ' ' ' ' ' - . '" '~ 4:,'.-'-':'~.;' .'-27Z' :-..:'--'7 -2..: ; ...".~ - . . .' : ........ ~ '--. · ,:.7--,:XXX N. apl~ Daily News ,:~5~~.~,Other '~:.'-..::."~c '--...?.:";"-c';' :--~x-:. --~:-,..:--,-_~ r-I ~eoall,, R,.,-,ui-o~" ' '['"'-'" '. y' '. -.-....C-.- .." . ' ':/:.':'.'-,T"- .r.--...-.~.~.. ....... '. :_'. '- .: '-':~"'" ' ;.-:*'- ~ e, ./ ,..¼ .t,,.~ .....'.- .'- · . ', ' ':' '*' :" r '. ~: *'.°,'-:'"~M..~o- ,'e~-~':'~'~ .~.."- .... ' ' ' - . ' ' ' :. _:Proposed Tex't: (Include legal description'& coramSn location & Size: Petition No. SNR'97-S, Caroline Spounias, requesting a "street name chanKe from ~tha Avenue $.W, t0 Tamarind PJdge Dr'N'e located in Golden ~te Estates Unit 32, in ,~x"tJgn 9, -- Township 49 South, RanKe 26 East, Collier County, Florida :" Companion petition(s), if any & proposed hearing date: Does Petition Fe~ include advertising cost? [] Yes [] No IfYeg wMt account should be charged for advertising c~sts: -' 113-138323-649110 -" '~'"';'"~':'" ': .'.--:"/' , ..,--5 :.Approv~dby: ., . DMsion Head ~" "kj'~ ~l~ate County Manager Date List Attachments: DISTRIBUTION INSTRUC'i"IO NS For hearings before BCC or BZ.A: Initiating person to complete one coy and obtain Dh'ision Head approval before submitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessary legal rtwimr, or request for same, ia submitted to County Attorney before submitting to County Manager. The l',lanager's office will distribute copies: RESOLUTION NO. 97- RESOLUTION RENAMING 6th AVENUE S.W. TO "TA~RIND RIDGE DRIVE", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNIT 32, SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of 6th Avenue S.W. to Tamarind Ridge Drive. This street is located in Section 9, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat thereof, recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from 6th Avenue S.W. to Tamarind Ridge Drive and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, -Florida, and noted upon the maps of the street anf zoning atlases of Collier County, and notations made on the referenced P!a~. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman Naples, FL 339~ Affidavit of P~Ltcatt~ Naples Daily News BOARD OF COmiTY CO~ISSIC~ERS ATTN: NANCY SALOGUB PO BOX 41~016 NAPLES FL ~4101-3016 REFERENCE: 001230 704259 57558~L11 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the uoderstgned authority, personally appeared B. La~b, who o~ oath mays that she serves as Assistaot Corporate Secretary of the I~aples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached ~ of ~ertising uas ~lished in maid ~s~r ~ dates Listed. Affimt furthep mays that tha Jatd Naples htLy News is a newspaper Collier ~ty, FLorida, a~ that tha maid r~r has heretofore I~ ~tt~mly ~lis~ in said Collier C~nty, FLorida, each day ~ has been entered as second class mmil ·atter at the post office in Naples, in maid Collier CcxJ~ty, FLorida, for a period of I year next preceding the first pubLicatio~ of the attached copy of advertisement; and affiant further says t~at she has neither paid nor proeised any per~cxn, firm or coporatto~ d~sccxJ~t, rebate, coemisstc~ or refund for the purpose of securing this advertisement for pubLicatfo~ in the ~atd newspaper. PUBLISHED 0~: 09/07 AD SPACE: 59.000 INCH FILED ON: 09/0~/97 Sigr~ture of Affiant S~rn IrIIIOFFICI ~ FLO0! *** 2243381 OR: 2360 PG: 0703 *** RESOLUTION NO. 97-410 I1¢ COHI$ RESOLUTION RENAMING 6th AVENUE S.W. TO "TAMARIND RIDGE DRIVE", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of 6th Avenue S.W. to Tamarind Ridge Drive. This street is located in Section 9, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat thereof, recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from 6th Avenue S.W. to Tamarind Ridge Drive and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this ~;~-/~b day of~--~-¢~--~! , 1997. · AT,~EST: . ¢. .~ ,.' ~, . ' · ; ~-, p~,Oved, as .to.7-~orm and Legal MarjoO. e M. Stuaent Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLL~E~ COUNTY, FLORID~ T~4OTHY .L.~/HANCOCK, Chairman / COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Di~lay Adv., location, etc.) [] Other: Originating Dcpt/ Div: Petition No. (If none, give brief description): Petition NO. $NR-97-9 Petitioner: (Name & Address): Ms. Caroline Spounias, 5231 2''~ Avenue SW, Naples, Florida 34119 Name & Address of any person(s) to be notified by Clerk's Office: Of more vpace is needed, attach separate sheet) Hearing before XXX BCC BZA Other Newxpaper(s) to be used: (Complete only if important): Based on advertisement appearing 15 days before hearing. XXX Naples Daily News Other [] Legally Required Proposed Text: ('Include legal description & common location & Size: Petition No. SNR-97-9, Caroline Spounias, requesting a greet name change from 8th Avenue $.w. to Sycamore Drive located in Golden Gate Estates Units 32 and 3-1, in Sections 9 and 16, Township 49 So~l~h, Range 26 East, Collier Count~, Florida Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost.'? [] Yes 113-138323-649110 Reviewed by: .., Division Head ~--4~. Date List Attachments: [] No If Yes, what account should be charged for advertising costs: Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain DMsion Head approval before ~abmitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting DMslon [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE Q,NL~'/_ Date Received: 7/3/5~ 7 Date of Public hearing: ,mT.c: (941) ~'74,--8408 3'00 I,~3. DATE ST. T I ~ TOTAL T ! ~ ; ABBt~ ! D STATLE; ' ~S DEPT CO~ ~. ~ ~/ ~-15 14:~ ~ 82'81 9~ ~ 3 ~IA ~ ~-15 14:55 ~2'~ 9~ ~ 3 ~13 ~ ~-15 15:~ ~' 13 ~~ ~ 3 ........ TOT~ ~S 9 12C6 ' ', July 15, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition SNR-97-9 Dear Judi: Please advertise the above referenced notice one time on Sunday, August 10, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 12C6 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, AUGUST 26, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SN-R-97-9, Caroline Spounias, requesting a street name change from 8th Avenue S.W. to Sycamore Drive located in Golden Gate Estates, Units 32 and 34, in Sections 9 and 16, Township 49 South, Range 26 East, as recorded in Plat Book 7, Pages 21 and 60, of the Official Records of Collier County, Florida. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COM/~ISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) 12C6 July 15, 1997 Ms. Caroline Spounias 5231 2nd Avenue S.W. Naples, FL 34119 Re: Notice of Public Hearing to consider a Petition SNR-97-9 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 26, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 10, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. '1.2G6 RESOLUTION NO. 97-__ RESOLUTION RENAMING 8~h AVENUE S.W. TO "SYCAMORE DRIVE", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNITS 32 AND 34, IN SECTIONS 9 AND 16, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of 8th Avenue S.W. to Sycamore Drive. This street is located in Sections 9 and 16, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Units 32 and 34, according to the plat thereof, recorded in Plat Book 7, Pages 21 and 60, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from 8:h Avenue S.W. to Sycamore Drive and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjo~e M. Student Assistant County Attorney f/~N~-9~-9 ~SOLUTIO~/ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman Naplel! FL 33940 Affidavit of PubLtcatto~ Naples Daily Navm BOARD OF COUNTY COP~I/SSIONERS ATTN: NANCY SALOGUB PO BOX /+13016 NAPLES FL ~4101-3016 REFERENCE: 001230 --700012 5754722/+ HOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeened B. Lamb, uho o~ oath says that she serves as the Assistant Corporate Secretary of the Naptes Daily Ne~s, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of the advertising was published tn 141id newspaper on dates Listed Affiant further ~ays that the said Nap[es DatI. y Heys is a newspaper published at Naples, tn laid CoLLier County, FLorida, and that the laid newspaper has heretofore bee~ co, Sinuously published in said Collier Co~mty, Florida, each day and has been entered as second class let[ ·atter at the post office in Naples, tn laid Collier County, FLorida, for a pertod of 1 7lap next preceding the first pubLi.catton of the attached copy of advertisement; and affiant further lays that she has neither paid nor promised ~y per~, firm or ~ratf~ any disc~t, rebate, cc~missi~ or ref~ for the put.se of securing this advertis~t for pub[i~tioo in the maid ne~vspeper. PUBLISHED ON: 08/10 AD SPACE: /+9.000 INCH FILED Oe4: 08/11/97 Signature of Affiant /. X'~/~ S~orn to end Subscribed before ~e this /! ~y$of ~ Juc~ A. Fla~Jg~,r, MY C, Ot~dISSlON t cc508787 EXPiRE.C F~.F ~9. 2000 :OUNTY FLORIDA mm'r FOa] '0F "/mnc xmuu cs :.... [] Other: .......... ..-,. . · - ----' lq'onn~ le~,~ Advertisement .:_ ..-., . .- .... , . ......,~-:r..-,-~ ~, t ~,-,- -? ,.:...t~a: t.,,..,-~.. C".' ~; .'~7.- . '.?".~':L':.'°-' ~..-:-":r :o %.,.--r .---,*. > :.. '. -' o'.'~'. _..,.-. ...? ......... , . ,. ,.;., ;, . ..... ..-,...~:~.~ ? ~-'"" ' , .. - ,~'i, '..'--~-!; "' :-~,::" ' " ~;"' ~" .' ~:.~----~./~;42 ,t/Div: · '~'~"-. ' & ~d~'of ~ ~mn(~) to Cle}k's'~m' ~ moUntie'is h~ at' ~ 'uch m~ .~, ~.. *.,: %,..- . . ~..,., ;.._.~.~,,,,F2~[r~,.~¢5;..~..5: .,: :.-.. ..... .- . . . _ . ~ .......... ..,.-.-~---~'--.. g ~te: "~~7- ' :' '" "'" · B~ on advemsement ap~nng 15 ~ ~fo~ h~nn~ . _ ~.~.~¢~b.~)~,:~.~, .--.~;-:~z-,',_, ........ xc<.~z'>.~;:-...' m,-..x,. :-.~ .~ '__2-': .... ' 7-' - ' ..... ..... ~ -..'~"-~-'2~" ........... ..':'. ~..'-... -r ~ ~'.'' '' ~nclude leg~ de~fipfion & common l~fion & S~: Petition ~0, $~-97-9, Caroline $~unia[ m~in~ a M~i chinge from 8th Avehue S.W. t0 Svc~mo~ Drive l~t~ in Golden qate E~ate, Unit% 32 and 34, in '.Tomhip 49 South, ~nge 26 East. Collier COUCh, ~o6~. ~m~on ~fifion(s), ff any & pro~ hearing date: Petition F~ include adveffising co~? ~ Ye~ ~ No IfYe~ what account should ~ charg~ for advertising 113-138323~49110 . ' ' ' - - ~~f Approved by: ..... . . List Atlaclunenti: DISTRIBUTION INSTRUCTIONS .;:.: :%.~..f,:~ .... For hearings before BCC or BZA: Initiating per~on to complete one coy and obtain Division Head approvaI before submitting to County Manager. Note: If legal document is im'oh'ed, be sure that any necessary legal r,sview, or req for same, is submitted to County Attorney before submitting to County Manager. The 1Manager's office will distribt copies: " [] County Manager agenda file: to [] Requesting Dh~sion [] Original - : . .. -. .... Clerk's Office .. ' -._- B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy · ,.~ ;:.--. .... :~.; .,--?:"? :;1- . . iFOR CLERK'S OFFICE USE ONLY: :: ' - ' ~.- .' ~""-' :' ' ~, .... , ,,:,--:..-. -. :.. ". .,. , '... ~.:, .: zDate Received: .......... -~'-.--~Date °t'Public he, ring: ".:-"- --;X~Date Ad~nised: w.~ ..'. . ~j -~ : 7',.-;.; .... . RESOLUTION NO. 97- RESOLUTION RENAMING 8th AVENUE S.W. TO "SYCAMORE DRIVE", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNITS 32 AND 34, IN SECTIONS 9 AND 16, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Com,~issioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of 8th Avenue S.W. to Sycamore Drive. This street is located in Sections 9 and 16, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Units 32 and 34, according to the plat thereof, recorded in Plat Book 7, Pages 21 and 60, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from 8th Avenue S.W. to Sycamore Drive and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjo~e M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman (.~nc.t.ud.,tng' ~ cave.z:) 12[,6 !ii111111111111111111111111111111111111111111|11111111111111111 11111111111111111111111111111111111111111111ii11111111111111111 ~[o~'~'o: (e:t.2) 774-8406 0c3:~ E~P 01'26 10:01 80'01'22 10:2~ 80*85'24 .12 6 September 3, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition SNR-97-9 Dear Judi: Please advertise the above referenced notice one time on Sunday, September 7, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 704259 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SEPTEMBER 23, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SNR-97-9, Caroline Spounias, requesting a street name change from 8th Avenue S.W. to Sycamore Drive located in Golden Gate Estates, Units 32 and 34, in Sections 9 and 16, Township 49 South, Range 26 East, as recorded in Plat Book 7, Pages 21 and 60, of the Official Records of Collier County, Florida. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) lo'nC Non~ Di~l Di~4 3301 Ea~ T.~i Tr~ · Naple% Fior~ 34112-4977 (941) 774-8097 · Fax (941) 774-3602 September 2, 1997 Ms. Caroline Spounias 5231 2nd Avenue S.W. Naples, FL 34119 Re: Notice of Public Hearings to consider Petitions SNR-97-6, SNR-97-7, SNR-97-8 and SNR-97-9 Dear Petitioner: Please be advised that the above referenced petitions will be considered by the Board of County Commissioners on Tuesday, September 23, 1997 as indicated on the enclosed notices. The ~egal notices pertaining to these petitions will be published in the Naples Daily News on Sunday, September 7, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosures ~p[es, FL 3394,0 Afftc~vt~ of PubLication Naples Daily Nays 12C6 BOARD OF CCXJHTY CO~MISSIOflERS ATTN: NANCY SALOGUB PO BOX 41~016 NAPLES FL 34101-~016 REFERENCE: 001210 70~259 57558854 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, persor~lly appeared 8. La~b, vho on oath says that she serves as Assistant Corporate Secretary of the NapLes Daily Ne~s, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising vas published in said newspaper o~ dates listed. Affiant further says that the said Nap[es Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been e~tered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor proeaised any persc~, firm or coporatio~l any discoidal, rebate, coe~isston or refund for the purpose of securing this advertisement for publicatio~ in the said newspaper. PUBLISHED Ot¢: 09/07 AD SPACE: 60.O(X) ZNCH FILED C~: 09/08/97 Signature of Affiant ~ Sworn to and Subscribed before me this .z~ day of ~~ 19_~7 Ii¢OtOD tn the OffICl~ tl¢OItDS of COLLXlIt CG~, L*I, 411 RESOLUTION NO. 97- 120 6 RESOLUTION RENAMING 8th AVEtJUE S.W. TO "SYCAMORE DRIVE", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNITS 32 AND 34, IN SECTIONS 9 AND 16, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of 8th Avenue S.W. to Sycamore Drive. This street is located in Sections 9 and 16, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Units 32 and 34, according to the plat thereof, recorded in Plat Book 7, Pages 21 and 60, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from 8t~ Avenue S.W. to Sycamore Drive and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: '.; .I/ ~' ~' -' BOARD OF COUNTY COMMISSIONERS /~fGHT%E?~BROCK~ Cler~ BY: THY ~ ~A~OCK, Chairman ,AP~'ved..acsc~ Form and Legal Marjo~e M. Student Assistant County Attorney f/SNR-~7-9 10/23/1997 22:25 9414553478 M~IblqIS 61 Mrs. Robert Mc~ $9f~0:2:2nd Ave. $.W. Naples, Fl 34116 ea. comm. rec'd copy October21, 1997 Dear Mr. C_.om~tine and all offer Comn'~onen: This is a rc~:~me m you~ letter dated October 8, 1997, re~ street name cl~ange~. When re~d abo~ t~ ha ~he Napes Daily N~¥s I called your o~ to voice my d~belJcf thai wi~ all need~ the~¢ m'e for "OUR COUNTY" the coi-c~,~ioners would even allow ,such a w~stc of tax doll~ mad ~t~ff time on a matter that i~ so un/mpor~t Yo~ re,pome at that time wa~ there not enough peoplo behind ~ i~ue. Now I ~ee fl~at on Octobea' 28, I997 ~ maxler will be before the Board of County Comm~ner~. I hope after reading my letter you will vote there no need to change~ ou~ al~'ee~ name~. I already have a ~ of oommun~ in Golden Gate F~tate~, everyota~ know~ when you ~-y tho~e worth for th~ mo~t l:~xrt, you haxe qulet ~ree~ md large wooded Io~. When you t~Ik abo~ ~ d~rectiom for ~ and emergency p~rsom~l I fred ma~ problcm~ fir~ wh~ sora~,o~ ~ a~k where these new named ~'eets ~rc no one w~l lmow becau~ people have better tlfir~ to do with their time th~ watr. h ~ the n.arne of a ~ acrotts town has be~ ~cd to. Second, ~ pe~onnel no~ be able to loca~e · home. I l~e to ~ ~ ~ happen if you ~ everyone's street name to be chartged. Reco~Jfion also come~ from pride. When th/s matter came up wi~ ~e ~ Wooas .~ano one h,~l a ~ wi~ it lxx:~ ~y abated no common road~ with my othea- p~ of ~he Golden O~e ~ ~rea. Also you could n~ tell by l~ll you where a homc is ju~ ~ hearing ~ house number and street nazz~ because ~nce you budget. Th~ i~ why I am ~o m6n-i~ that tiao county wo~ rather please a few people then take 18/23/1997 22:25 9414553478 HCGII~qIS PAGE 82 ¢~rc oft~¢ ~ffct7 of children. In ~¢ ncw~papcr da¢ people bchJa4 ~ ma~cr ~mid they could not get ~ ri~t price for there prOl~rty b~u~c ofth~ arc. ct namc~. 'racy had ao l~'oblcm when thc), bought ~¢ propc~ fo~ $35,000.00 donmm and built thcir homc~ on thc~c namcd ~trcct~. Now b~v. au~ Q~cy axe unable to ~II ~c~¢ home.4 for ~ h~g¢ profit they bl~m¢ thc name of ~¢ grccts, may~ thc problem in that a fcw door~ down th~rc is a cew grazing. I hope thi~ letter h~ ,hown you that many people in tl~ a~ca di~appro~: of these changc~. I will not b~ able to attcnd thc mt~cting on October 28, 1997, this is way I try ~ covcr Io ~o m~0' of ~¢ po~m o~ this ~c in this lctt~. 1%~r~cimcd you notifyin~ mc that th~ issue to be: before the Board this month. One ~ point, most of Naplcs has street narn~ that arc numb,~m, so if tl~ ~ g~t~ pa~e,d in a way you will I~ ~owing u~ to knc paxt of your ¢ounti~ /'hank you fo~ u~king lh¢ time to hear my input. Plcaac lct mc know of your votc. Sincerely, ~%' N~ncy McGin~ to: C. omn~ioncr Norris Comufi~oncr I-hncock C. oaunis~ioncr Ma~'Kie Commi~on~ Ben-)' 12C3-~ Issue T~clct (_*c ~:x:x-a5 <}ia ~-,-~t 3,53 q Issue:,¢, ~0/27/1997 17:51 941-353-23~§ CA~1'~¢ INC Sam SpounJas 5231 2nd Avenue S.W. Naples, FL 34119 353-1017 hx 353-2365 10/27/97 via tax only-4 pag~ Including this cover-T74-360:Z Dear Ct mm~ssmner Timothy J. Constantine, Following this cover arc 22 signatures in favor of your 8 street Logan Woods proposal contained in your 10/8/97 letter. Thank you for your efforts in this matter. Sincerely. Sam Spounias 10727/1997 17:51 S41-3§3-23~§ CA~0TEC );NC PAGE ~2 Dear ('ommissioncr Constantine. Wc the undersigned rapport your elTon to crca~¢ a nci.~hborhood identity f'or the eight strccts compnsin~ "Lo,an Woods" Thank you for your leadership on this issue thai we bdi¢,.'c will h.p,'¢ !on?lasting benefits In our community NAME ADDRESS DATE /o-;/-77 ~0/27/~997 17:51 941-353-2365 Pt~GE 83 Dear Commissioner Constantine: We the undersigned support your effort to create a neighborhood identity ['or the eight streets comprising "Logan Woods." Th~nk you for your leadership on this issue that we believe will have long-lasting benefits to our community. NAME 4' '~. -, ~}'"Y. ' I' ' '/' ";':: " · 'F'. '''::"~,:' .~.-r. ~..'~ ,, . ~' .2; ''J L'z ' o ? :~,';~-- ' .: ':.: 'd- ,. , .f~....,:....~ ADDRESS DATE ,.., c] I~ /t. z fq 7 ./ u - ',:.Y-S) 10/27/1~7 17:0~ ~l~]~B2 WILSON ~ILLER Steve and Sandy Means 4841 8th Avenue S,W. Naples, Florida 34119 Commi~sione~ Timothy J. Constantine FAX Board of Collier County Commissioner~ 3301 East Tamiami Trail Naples, FL 34112 774-3602 Subject: Petition SNR-97-9, Street Name Change - Sth Ave SW to Sycamore Drive Dear: Commissioner Constantine: I am in receipt of your letter dated October 8, 1997. Thank you for taking interest in our neighborhood. Please enter this letter into the BCC record when the referenced petition is heard on October 28, 1997. I am a resident on 8th Ave SW and I am in favor of the BCC granting the petition along with the others for 2nd, 4th, and 6th Avenues. I have no objection to the street names. In addition, your suggestion to accomplish the street name changes in an all encompassing manner has merit and is worth discussion. However, I believe this ta~k would require considerable consensus building which would undoubtedly mite months or years with no certain outcome. Let's move forward with the referenced petitions while there is a majority in favor. Sr~-vc Means cc:Fred Rei~chl 643-3266 10/27/97 12:10 F..L.~ 9413522900 WOLII~R CLAPS 3301 EaSel Trail · Mapt~, Florida 34112.4977 k~he C. No,'~s ~,41) 774-8097 * F~ ~1) ~3~2 '. ~, , ~to~r 8, 1997 Ms. S~Iy Woliver ~s~nd~nee i~ ~ mqu~ for info~on ~m yom ~mm~W. 1 would li~e y~r in~ ~ w~ll~ -~ ' input ~m all of~ ~iden~ of~e "Log~ Wood~" n~i~b~h~ on ~ p~s,d s=~l ~e eh~g~. A ~oup of~ ci~ ~ve pro~s~ ~ 2nd Ave~ SW, 4~ Aven~ SW, 6th Av~ue SW ~d 8~ Avenue SW su~t n~es be c~ged. ~me Mve ~ p~d ~t ~e ~ Avenum be ch~g~ ~ well. Should it ~ ~e desi~ ofyo~ comm~i~ for~e me c~g~, I ~lieve it would ~ f~ more pmferable m do h N m ~1 ~omp~Ng m~ner m~er ~ ~ ~ge~ge ofindMd~l chmg~. There are clear benefits. A sen.se ofcommunily c~n be eslablished. A recogniz~ neighborhood can ease directions for visitors and emergency personnel alil~. CommurdD' cohesion usually so,rs with a recognized label as well. ~]01 u 3-'0 :::. There ate also some delrimental issues. The initial cl~nge could prove confusing to some individuals. Stationary would need to be changed along with b~,~dng accounts, utilities and credit card notification, -'lc. Logan Woods has successfully combined urbm convenience with tm'al living and I am told the proposed name c~:,~ng~s are meant to be another ~:ep towards creating ~ even g~at,~' sense of neighborhood. It is one method thc petitioners have pu~ forward for carving ot~ an identity for the community, particularly since it is one of the nicest in the area. Please let me know your thoughts on the proposed strict name changes. 1 would like your input as to whether you approve or disapprove the proposed change~ md I wo~ld appr~:i~e your a&4sing me of any o,.her concerns or sugges*ions you may have for your community. Specific street nm-ne suggestions are welcome as well. The isle is scheduled to come befor~ th~ Bo~d of County Commissioners on October 28, 1997, so your prompt res'pome is appreciated. 1 look forward to hearing from you soon. Th~mk you. With b~,~~, Timotl~ J/Constantine Commi.~ontr, Dist,'ict 3 TJC/cb T'~-no~ L Co~,s~nUne ~ 8. Be~ry D~r~ S 3301 East Tarniarni Trail · Naples, Flodda 34112.4977 (941) 774-8097 · Fax (941) 774-3602 October 27, 1997 Ms. JoAnn Remington 4931 8th Avenue, SW Naples, Florida 34119 Dear Ms. Remington: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28" is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assistance to you, please don't hesitate to contact me. Commissioner, District 3 TJC:vgr 0CT-25-1~ 13:23 '?'743F:~2 P. 01 October 25, 1997 Mr. Timothy J. Constantine Commissioner, District 3 3301 East Tamiami Trail Naples, FL 34112-4977 Re: Logan Woods Dear Commissioner Constantine: Thank you for your letter of inquiry of October 8"~, it is a coFn[ort to know that this subject is getting your personal ~. I did sign the petition for renaming the initial four streets and at that time did question the sensibifity limiting this proces~ to four streets rather than considering doing the entire stretch off Logan. My pref~ra~ is to including all streets off Logan rather than isolating four. In my opinion, this would create the sense of 'community" you mentioned in your letter and would be mom beneficial to eme~lency operations. In any case, I do not have any objection to changing my records, stationery etc. If this proposed change occu~ I would like to see the 'neighborhood' incorporate amora active Neightxxtmod Watch program. Since moving thera I have never been approached about lhe program, have been robbed and replaced my mailbox so often I stopped doing so. If you wish to discuss my thoughts am/further, please feel free to call. Sincerely, Jo Ann Remington 4931 8t~ Avenue, S.W. 455-4880 (h) 261-5300 (w) TOTRL P.01 3301 Ea.st Tamiatni Tr'~l · Naples, Fk:x'ida 34112-4977 Cgull) 774-8097 · Fzx (941) 774-3602 October 27, 1997 Mr. Arthur L. Sheldon 655 Logan Blvd. Naples, Florida 34119 Dear Mr. Sheldon: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28"' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assistance to you, please don't hesitate to contact me. Commissioner, District 3 TJC:vgr _ .... ~ ,~-~ ....... . .... you approve or disapprove the proposed ch~ne~ sod I woutd apprcc{ate you adv~$1ng me of nny olhcr concerns or suggestions you may have for your c~muul~. S~ific s~t ~e su~lto~ ~ wckomc as well ~ i~ is sc~ul~ to como ~fore lM B~d of~unV Commtssio~ on ~r 2~, 1997, so your prompt res~nse is app~iat~. ll~kfo~dtoh~fromyousoon. ~ankyou. ff i aC~ .~ Com~io~, D~ct 3 Ti~cb P.el 3301 East Tamlaml Trail * Nafdes, Flodda 34112-4977 '~'"" 7 (941) 774-8097 · Fax (941) 774-3602 . .,. October 27, 1997 Mr. Thomas A. Torrella 790 Logan Blvd. N. Naples, Florida 34112-4977 Dear Mr. Torrella: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28a is the date for the public forum. I will make sure that your letter and all others I receive are a part ofthe Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. Commissioner, District 3 TJC:vgr 790 Lo,In By. N. Nap~l. FL 34119 TIIIT3ho~i (941) RECEIVED Tim Constantine, Collier Commissioner 3301 E. Tamlami Tr. Naples, FI 34112-4977 Commissioner Constantine: Thank you for your diligent efforts regarding our commun/ty and the opportunity to address the issue of Logan Woods. I appreciate the information we received requesting our input. For the record, this is the first time we have been approached regarding this matter. We selected this neighborhood nine years ago for it's location. Describing this area, I have informally referred to it as the "Vineyards Estates" rather than Golden Gate Estates. The following concerns need to be addressed: A. Extreme care must be gNen not Io use street names which already exist in the county, in order to minimize dispatcher confusion for our Fire, EMS and CCSO emergency responses. B. As Logan Blvd. does extend south Io Green Blvd, will that area also be considered as Logan Woods? C. Will this lead to a 'Logan Woods' community association, fire hydrants, speed enforcement, a traffic signal at Vandeft)uitt or sidewalk lighting? As for the changing of the street numbers to names, I disagree with the Fire Chief; in time emergency c~ews will be able to learn the new names just as they do in our many new developments; perhaps even impmving their response times by having a community identib/. Considering the many benefits, I strongly support the ~ of o,.a- subd~ and street names all along Logan Blvd. However, I would like to see some oplk)ns of these titles. If this is to irma.se the community cohesion, we as neighbors ~ all wo~ together to pmvfde input. This leads everyone to take ownef~tp of these ct~anges thus creating an even greater sense of Board. Please encourage further ~ to unify this pm<ess, suca as at our nearby community park in the Vineyards, rather than allowing a h<Xchpotch approach. Thanks egainl Your community commitment Is Nncerely appmc~ed! Thomas A. Towella John C. NOrris Dis~c~ 1 1~mo~y L. Hancock. AICP Dis~ct 2 Tirnc~ I. Co¢~,stan6ne Distrk~ 3 P'~neta S. ,'vtac'lGe Distr~ 4 Barbara B. Berry Districts 3301 East Tamlaml Trail ,, Naples, FIc~ida 341124977 '~, ,.- .. . ~ {941) 774-fl007 * Fax (9411 774-3602 ,x . October 27, 1997 Mr. and Mrs. Joseph O'Toole 5170 3rd Avenue NW Naples, Florida 34119 Dear Mr. and Mrs. O'Toole: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a pan of the Public Record. Again, thank you and ifI may be of further assistance to you, please don't hesitate to contact me. Timotl~ J. Constantine Commissioner, Dis:riot 3 TJC:vgr RECF__.]VED }CT 2, ]ohn C. hkxris D~c~ 1 Timothy L. Hancock. AICP Distfic~ 2 T;m<xhx ~. Co~One Pamela S. Mac'lGe Dis~ct 4 8ad:~ara B. Berry D~strk:t 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 * Fax (941] 774-3602 October 27, 1997 Mr. and Mrs. Vincent R. Manzelli 730 Logan Blvd. S. Naples, Florida 34119 Dear Mr. and Mrs. Manzelli: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input fi.om citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. TJC:vgr Commissioner, District 3 RECEIVED OCT 2 !oaro of ¢oun~.y r. cmmfssloners ehiclcg ManzalR ~ 720 gouth Logan glvd. ~apl~, Iq. g4.11§ (g4.11 4.gg-74-gg' k~n C Non~ C~m~ct 1 T~rno~ L H~ A~ Pamela S. ~'~e D~ ~ D~ 5 3301 E,ut 'ramL~ni Trail · Naple~ Florida 34112-4977 (941) 774-80~7 · Fax (941) 774-3602 ' October 27, I997 M.r. and Mrs. Gar,/' D. Lytton 4971 8th Avenue SW Naples, Florida 34119 Dear Mr. and Mrs. Lytton: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a pan of the Public Record. Again, thank you and ifI may be of further assistance to you, please don't hesitate to contact me. Timo~y J. Constantine Commissioner, District 3 TJC:vgr ,~hn C. Non'is D~mc~ 2 T'~7 I. Con~min~ Bezb,~ B. I~rry 3301 East Tamiami Trail · Naples, Flodda 34112-4977 (941) 774-8097 · Fax ffJ41) 774-3602 October 27, 1997 Mr. and Mrs. Felix Martincic 775 E. 254th Street Euclid, Ohio 44132-2430 Dear Mr. and Mrs. Martincic: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28~' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. Commissioner, District 3 T.tC:vgr '--'IREC EEIVED )ohn C.. Nonis I~strk~ 1 lin~ L Hanox:k, A~CP P~nel~ S. M,~'Kie 3301 East ~ Tm'l · N~es, Flodda ~4112-4977 (941) 774..8097 * Fax (941) 774-3602 October 27, 1997 Mr. George C. Schmelzle 4811 gth Avenue SW Naples, Florida 34119 Dear Mr. Schrnelzle: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input fi.om citizens throughout the Logan Woods area and will take it ail into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28~' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assis'~ace to you, please don't hesitate to contact me. Commissioner, District 3 TJC:vgr : .. 10/23/97 TAU 07:11 FA,T, 941 $49 ?933 Insuraace& Risk M~nc. ~o01 October 22, 1997 Mr. Timothy J. Contantine Board Of Collier County Commissioners Fax: 774-3602 Re: Logan woods Dear Mr. Constantine: Thank you for your letter of October 8, requesting input on the proposed changes for our community. My wife and I are 100~ behind the changes proposed in the petition we signed some tine ago. We see the changes as an improvement to an up and coming area of Collier County. Please don't let the people complaining about such major issues as address change requests and stationary changes complicate what should be an easy issue. The majority of the people tn our neighborhood have already approved the changes by signing the petition. There are no real 'negatives' to the changes proposed. ~hope that you will support the majority and help approve the next week! See you / ~oposed changes. Iohn C. Norms i'imolh,/L H~nccx:L ^ICP 3301 E~s~ T~mi~i Trail · N~ples, Floeidz 34112-4977 {941) 774-8097 · F~x (941)774-3602 October 27. 1997 Mr. and Mrs. Ted Burkhardt 4961 6th Avenue SW Naples, Florida 34119-2827 Dear Mr. and Mrs. Burkhardt: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. Timothy'J. Constantine Commissioner, District 3 TJC:vgr October 23, 1997 Laud and Ted Burkhardt 4961 6th Ave SW Naples, Florida 34119-2827 941-353-1716 RECEIVED 0CT 2 3 1997 ~oaro of ,County Commissioners Timothy J. Constantine Commisioner, District 3 3301 East Tamiami Trail Naples, Florida 341124977 Dear Mr. Constantine, Thank you so much for responding directly to us, the residents of Unit 32, and asking for our input. Please be advised we are in tremendous rapport of the street number change from 6th Ave SW to the name: Tamarind Ridge Drive. We think that name is just fine. This is a subject that has been tossed around for four year~ on our meet specifically. Our praises are extended to Carrie and Samuel Spounias and the others on 2nd Ave SW for their tenacity and dedicatedness in implementing the process for the street name changes for Unit 32. We think it would a/so be advantageous to continue the street name changes on up to Vanderbilt Beach Ext. It makes perfect sense to refer to "Logan Woods" as the area bound by Pine Ridge, The Vineyards, Vanderbilt Bch. and the canal. We cannot think of one detrimental issue that would arise due to a street name change. However there are countless reasons why the proposed changes wood positively and profoundly affect our neighborhood in highly desirable ways. Attatehed is a copy of the letter we had written previosly indicating some of those points. I'm sure you have in your hand numerous other lei'ten from residents who have their own reasons for wanting the changes ofthe street names. As you indicated in your letter to us, the pros far outweigh the cons. Thank you once again for addressing us personally and your interest in a subject that has absolutely no environmental ties and will do nothing but enhance an already beautiful part of Coilier County giving it an aura ofdistinctioa that it wel/deserves. We also look fowazd to seeing you on Tuesday, October 28th. Lauri and Ted Burkhardt John C. Norris I:~suict ~ Timo(hy L. Hancock. AICP Dis~c~ 2 'nmochy I. Common,ne Dtsu'ict 3 P~rneh S. M~c'K~e DisU'kz 4 Barl:~ra B. Berry Dis~c~ $ 3301 East Tamiami Tr;JI * N~ples, Florida 34112-4977 (941) 774-8097 * Fax (941) 774-3602 October 27, 1997 Ms. Nancy J. Dixon 6960 Sable Ridge Lane Naples, Florida 34109 Dear Ms. Dixon: Thank you very. much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28"" is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. Timothy)'J. Constantine Commissioner, District 3 TJC:vgr Timothy L. Hancock. AICP D~'ic~ 2 llmc~hy l. Cc~ntine D~,:ka 3 P'~u'neLa $. Mac'lGe Dis~ric~ 4 l)~bara B. Berry D~rict 5 3301 East Tami~ni Trail · Naples, Florida 34112-4977 (941) 774-8097 ,, Fax (941) 774-3602 October 27, 1997 Ms. Shelly Dixon 6960 Sable Ridge Lane Naples, Florida 34109 Dear Ms. Dixon: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28"' is the date for the public forum. I will make sure that your letter and all others I receive are a part ofthe Publle Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. Commissioner, District 3 TJC:vgr RECEIVED OCT 2 2 1997 Mr. Tim Constantine Board of Collier County Commissioners 3301 E. Tamiami Trail Naples, FL 34112-4977 Dear Mr. Constantine, In response to your letter of Oct. 8, 1997 concerning the name change to Logan Woods, It is my desire to have the name changed. We own a lot in Livings/on Woods esta_t~ and appreciate you pa.~ing the name ch~ge in that dcvelol:nnent' There were no dett/mental hsues w/th this change., only good. Thank you for taking the time to write and ask our opinion on this issue. Sincerely, Shelly and Nancy Dixon John C. Timothy L Hancock. ~2 Timo~y J, Cons~n~ne Pamela S. Mac'Kie Di~.rict 4 Barbara 8. Berry D~str~ct S 3301 East Tamlami Trail · Naples, Florida 34112.4977 (941) 774-8097 · Fax (941) 774-3602 October 27, 1997 Mr. and Mrs. Gerald Tozzi 5380 1st Avenue NW Naples, Florida 34119 Dear Mr. and Mrs. Tozzi: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28~' is the date for the public fonarn. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. ery ~' truly yours, tl~ J. Constantine Commissioner, District 3 TJC:vgr ---- zo- 5'7 /- Dear htr. Constantine: In mspon,~ to yom' letl~ aborn the ch~n~,.~ Of n~mes of the streets on Ioga~ blvd. I am a reddeut ot' I U zv~ N.W. lvly husb~xl m~l I m'e ia favor o{' tl~ ~ cban~:,. We t'eel alz, o tim it would be ~ ~z, et to _beco__me ~ ~u'~ Imow *~ l.x~a~ Wo<x~ ratlm- ltum C~ Gate Estates. I love lh,'ing in this az~a. we ~ been here since 1990, ~nd am rai~nS four children. We ~dso feel thai the name chang~ would giv~ the peopt¢ in this ~x~ a ~r~er ~ of neigblx)rlxx~ Thank you for your letter, and have a g~at day. Sincerely, lyE'. and lvl~. Gerald Tozzi RE.C. .=_iVE. D OCT ~. ~ t997 John C Norris Timott~' L. Hancock, ^ICP Distrk:z 2 T'u~XJ~, J. DeO'k~ 3 Pamei~ S./vtac'KJe District4 Bad. fa 8. Berry 3301 East Tamlaml Trail · Naples, FIo'ida 34112--4977 (941) 774-8097 · Fax {941) 774-3602 October 27, 1997 12 c Mr. and Mrs. Jeffrey Oarbe 5280 2nd Avenue SW Naples, Florida 34119 Dear Mr. and Mrs. Garbe: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28'~ is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. Commissioner, District 3 TJC:vgr 10-I8-97 Mr. Timothy Jo Constantine Commissioner, District 2 3301 East T~aiami Trail Naples, Florida 34112-4977 Jeffrey and Tamera Garbe 5280 2nd Avenue S.W. Naples, Florida 34119 455-1603 Dear Tim, Thank you for cooresponding with us and our neighbors regarding the proposed street name changes. From the content of your letter it's clear to us that you understand the benefits and the issues that street name changes would create. It is our feeling that the benefits greatly outweigh the issues while acknowledging that the issues are in fact real. BecauSe we believe the benefits are greater, we look forward to investing what we feel is a small amount of effort in order to make a significant improvement to our community. We know you understand that when people and families invest a little effort into their community, it makes a safer, more comfortable, and prosperous place to live. The majority of residents in this community have demonstrated that they' are willing to invest & reasonable amount of time and energy to preserve and improve their neighborhood We know we are. * Thank you for your representation. Sincerely, Jeffrey and Tamera Garbe 3301 £a~t TamLlmi Ti'iii · ~ Fbib 34112-4977 (941) 774.a097 · Fax (941) 774-3602 October 27, 1997 Ms. Kathryn J. Postelle 5770 10th Avenue NW Naples, Florida 34119 Dear Ms. Postelle: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28"' is the date for the public forum. I will make sure that your letter and all others I receive are a part of'the Public Record. Again. th,~nk you and ifI may be o£ further assistance to you, please don't hesitate to contact me. tantine Commissioner, District 3 TJC:vgr (941) 774-~097 · Fax (941) 774-3602 October g, i 997 5770 10thAve. NW OCT 9. ? ~97 ~ ~__.yz~~, ~c.. Naples, FL 34119 ~is co~ndence is a ~u~t for info.at' ' mn Imm your commum~. I woul~l~e your input ~ well ~ SW s~et .... ~ .~ ..... ~ . . ~ ~ ~w, 4 ~ SW, 6m Avenue SW ~d 8th Ave it ~ ~e desire ofvour c ...... :-., ...... ? ~"~ ~ NW Avenu= ~ c~ged ~ well. Should ~e~ ~e also some de~men~l issue. ~e initi~ c~ge could prove con~ing to ~me individ~ls. S~tion~ would need to ~ ch~g~ along ~ ~ng ~o~m, militim ~d c~it ~d notification, etc. Log~ W~ h~ succe~fu]ly combined urb~ convenience wi~ m~ living ~ ! ~ told the pro~sed ch~g~ ~ me~t to ~ ~o~er step tow~ c~t~g ~ eyre ~er ~n~ of~i~~. It is one meth~ the ~titione~ ~ve put fo~d ~or c~i~ om ~ identi~ for ~e comm~i~, ~icul~ly since it is one of the nicest in ~e ~ Ple~e let me kn~w ~o~ th~u~ on ~e pro~ ~t n~e c~ng~. I would like your inout ~ to whether you approve or m~pprove ~e pm~s~ ch~ ~d I would ~pmci~ yo~ ~vising me of~y other concerns or ,u~e~io~ you may have for Yo~-;~gmuni,. S~ific ~ n=e ,u~tions ~ welcome ~ I I~k fo~d to he,rig ~m you s~n/~ yo~ TJC/cb John C. Norris O~Uic~ 1 Timcxhy L. H~n¢oc~ AICP O~st~c~ 2 Timothy I. Constantine Dis~,-t 3 I~mel~ S./~c'lOe Oistxict 4 Barbara B. Berry Di~ict $ 3301 East Tamiami Trail * Naple, Florida 34112-4977 (941) 774.8097 * Fax (941} 774-3602 October 27, 1997 Mr. Robert Miller 5385 4th Avenue SW Naples, Florida 34119 Dear Mr. Miller: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence. October 28m is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assistance to you, please don't hesitate to contact me. Commissioner, District 3 TJC:vgr John C. Norris o~z~l Mr. Robert Miller 5385 4th Avenue SW Naples, Florida 34119 3301 East Tamlarrd Tr'~l" Naples, Flodcla 34112-4977 (941) 774.8097 ,, Fax (~¢1) 774-360:2 October 8, 1997 I.)~ar Mr. This correspondence is a request for information fi'om your community. I would like your input as well as input Imm all of the residents of the "Logan Woods" neighborhood on the proposed sm:et name changes. A group of area citizens have proposed that 2nd Av~nu~ SW, 4th Avenue SW, 6th Avenue SW and 8th Avenue SW street names be changed. Some have fi~-ther proposed that ~ NW Avenues be changed as well. Should it be the desire of your community for the name changes, I believe it would be far mom preferable to do it in an ali ~ncompassing manner rather than a hodg~:xxlge of individual changes. There arc clear benefits. A sense of'community can be establish~. A recognized neighborhood can cas~ directions for visitors and emergency l~rsonnel alike. Community cohesion usually soars with a recognized label as well. There are also some detrimental issues. The initial change could prove confusing to some individuals. Stationary would need to be changed along with banking accounts, utilities and credit card notification, etc. Logan Woods has successfully combined urban convenience with rural living and I am told the proposed name changes are meant to be another step towards crealqng an even greater sense of neighborhood. It is one method the petitioners have put forward for carving out an identity for the community, particularly since it is one ofthe nicest in the area. Please let me know your thoughts on the proposed sleet name changes. I would like your input as to whether you approve or disapprove the proposed changes and I would appreciate your advising me of any other concerns or suggestions you may have for your community. Specific rat'et name suggestions are welcome as well. The issue is scheduled to come before the Board of'County Commissioners on October 28, 1997, so your prompt response is appreciated. / I I I~ok £orward to hearing fzom you soon. Thankyou. ~ 3301 E~st Tami~mi Tr~'l · ~ ~ 34112.4977 (941} 774-8097 · F~x (941) 774-36,02 October 27, 1997 Mr. and Mrs. Patrick Healy 5361 5th Avenue NW Naples, Florida 34119 Dear Mr. and Mrs. Healy: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28'~ is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assistance to you, please don't hesitate to contact me. Timothy~, Constantine Commissioner, District 3 TJC:vgr C°u~ts' £o~. ~ai:, letter is in response to.your request, for input £rom r~ident~ Woods' neighborhood oa pro~aed street name ckanges. As ~sid~;;ta ~f ~th Ave. N.gV~ ~'e would like to al~o be included in street name changes. We believe as you do, that rather than individual changes, changes sh~,uid be encomo:issina We betieve that the benefits outweigh any detriments. ,k g~ater ~en~e community is ve~, appealing and any contusion wo,atd be easily overc~me. m~or co~ce~ ~o us, i~ notification oteme~en~ personnel Consuiting fi~ a~d po!~ce depa~ments prior to an~ ehange~ ma~ be a ronsideratien. .Xs to specil'.:z sir,--et name sug;estions, we would like to suggest, Ch. er.-'ywood Court, Magnolia Drive or' Cedar~'ood Court. We thank you for requesting Our input and Lisiertia~ to oar suggestions. Sincerely, 3301 East Tamiami Tr~ · Na~ ~ 34112-4977 (941) 774.8097 · Fax {941) 774-3602 October 27, 1997 Mr. and Mrs. James R. Johnson PO Box 51 Naples, Florida 3410l Dear Mr. and Mrs. Johnson: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28~' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. ~ Ve~ truly yours, Timothy~ . Constantine Commissioner, District 3 TJC:vgr {k:tober 22, 1997 Commissioner Tim Constantine Collier County Government Complex 3301 East Tamiami Trail Naples, Florida 34112-4977 SUBJECT: Logan Woods Dear Commissioner Constantine: Per your letter of 10/8/97 requesting input on "Logan Woods", I feel that all streets including Logan Blvd. should be included in the d~ignation of Logan Woods. Splitting streets would only disrupt the continuity of the community. As long as the only inconvenience would be changing mailing address etc., I would be in agreement with such a decision. If you would keep me updated on this development, I would appreciate it Very truly yours, Mrs. James R. Johnson '~mo~ L Har, coc~. ~J' D~trk~ 2 3301 Ea. st Tamhr~ Trail * Nal:~e~ Florida 34112-4~77 (941) 7748097 · Fax (941) 774-3602 October 8, ] 997 Mr. and Mrs. James R. Johnson PO Box S! Naples, FL 34101 Mr. and M.'s. Jo,~,son: This correspondence is a request for information from your community. I would like your input as well as input from all of the residents of the "Logan Woods" neighborhood on the proposed street name changes. A group of area citizens have proposed that 2nd Avenue SW, 4th Avenue SW, 6th Avenue SW and 8th Avenue SW slreet names be changed. Some have further proposed that the NW Avenues be changed as well. Should it be the desire of your community for the name changes, I believe it would be far more preferable to do it in an all encompassing manner rather than a hodgepodge of individual changes. There are clear benefits. A sense of community can be established. A r~.ogni~, neighborhood can ease directions for visitors and emergency personnel alike. Community cohesion'usually soars with a recognized label as well. There are also some detrimental issues. The initial change could prove confusing to some individuals. Stationary would need to be changed along with banking accounts, utilities and credit card notification, etc. Logan Woods has success~lly combined urban convenience with rural living; arxl I am told the proposed name changes are meant to be another step towards crealing an even greater sense of neighborhood. It is one method the petitioners have put forward for carving; out an identity for the community, particularly since it is one of the nicest in the a~ea. Please let me know your thoughts on the proposed street name changes. I would like.your input as to whether you approve or disapprove the proposed changes and I ~ould appreciate your advisir~ me'of any other concerns cr suggestions you may have for your commur, ity. Specific street name suggestions are welcome as well. The issue is scheduled to come before the Board of County Commissioners on October 28, 1997, so your prompt response is appreciated. I look forward to hearing from you soon. Thank you. -'- Cc~gssioner, District 3 TJC/cb )ohn C. Norrl.. D~ct 1 Timothy L. Hancock. A)CP Disb'k::t 2 llrnoth¥ ). Constantine District 3 Pamela S, Mac'~e Dis~c~ 4 ~arb~a 8. Berry Disuic~ S 3301 Eas~ Tamiaml Trail · Naples, Florida 34112-4977 (941) 774-8097 · F~c (941) 774-3602 October 27, 1997 Mr. Mark McCabe c/o Gulf Coast National Bank 3838 Tamiarni Trail N. Naples, Florida 34119 Dear Mr. McCabe: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. Commissioner, District 3 TJC:vgr 3838 Tamlami Dali North, Naples. Florida 34103 · RO. Box'4i 3040. Naples, Floflda 34101-3040 Phone: (941) 261-426z · 1-800-648-4262 Iohn C No, tis Dis~c~ 1 Tirno~y L H~'~cock. D~u'ic~ 2 'timothy I. Com~ndne D~zic~ 3 ~ $. Mac'Kie B~rbar~ 8. Berry D~U~c~ S 3301 E~st Tamiami T~il ,' I~ples, Floric~ 34112-4977' (941) 774-8097 * F~ (941) 774-3602 October 27, 1997 Mr. and Mrs. Gary Jarrell 536l 8th Avenue SW Naples, Florida 34119 Dear Mr. and Mrs. Jarrell: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28ts is the date for the public forum. I will make sure that your letter and all others I receive are a part ofthe Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. ~~j. c~mly yo~u's, nstantine Commissioner, District 3 TJC:vgr 0 C T ~ .3 October 22, 1997 ?O~r~ 3f Coun:y r.o,r~is$iOners Mr. Timothy J. Constantine Commissioner, District 3 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34i 12-4977 Dear Tim: Thank you for requesting our input regarding the community of Logan Woods and the proposed street name changes. As you can note from the lack of letterhead, I have been waiting on this change to be approved before reordering stationary and favor the neighborhood and street name changes. However, I would like for us to "get on with it". It was my understanding that we had near unanimous approval on all four streets. We have received numerous letters from the county telling us of hearing dates which were wrong. I call Mr. Robert Selvaggio, the signer of one of the letters and asked if we needed to be there since our understanding was that it was a "sure thing". Mr. Selvaggio informed me their was a lot of opposition. ......... from whom he would not say. I know the county staff usually opposes street name cbang~ dues to the amount of work which results. This is the reason I have a reluctance to now allow those other streets mentioned in your letter to join in since we were told ifa majority was not received in favor of the changes then the change would not be approved for any streets. I wonder if adding these additional streets is merely an attempt by those who oppose the street name changes to defeat the community spirit and designation we are tt~ing to create. I would welcome those other stree~ on Logan to Vanderbilt Road in our community of Logan Woods if our streets and community are approved as the residents on the original four streets want regardless of how the additional streets feel on the subject. I do not think it is fair now to start changing the original petition unless we on 8th, 6th, 4th, &: 2nd Southwest can be assured that Logan Woods with the subsequent designated street name changes will be approved for our area regardless of whether additional streets should be added to the community. My suggestion is as follows: 1) Let the Commissioners approve the petition from Stix, 6ttL 4th, 2nd Southwest to become the community of Logan Woods with fix: slreet names which have already been designated. (8th Avenue S.W.-my address was to become Sycamore Lane). 2) Hold the decision in abeyance for 60 days to allow those on the other streets to circulate a petition to see if those residemts also would like to join our community even though it would require si~ei name changes. 3) If those streets wished to join us, then they should be included in the final designation. If not, then the Community of Logan Woods should be designated as originally petitioned Ivy those streets know as 8th Ave. S. W., 6 Ave. S. W., 4th Ave. S.W. and 2nd Ave. S. W. Tim, we believe this offers a fair solution to all concerned, except I guess to County Staff personnel who I understand almost always oppose these changes. Also, I am sure it does not make the Postal Department happy either. But the advantages far outweigh the added work in the short run. Our community will have a real sense ora neighborhood feeling if we can receive this designation and subsequent street name changes. In summary, the proposed street name change process has been aggravating due to the lack of accurate information and the amount of time it has taken to be either approved of disapproved. However, I reiterate my strongest support and hope you will lend your voice to help us achieve our designation as Logan Woods. I will be out of town on the date of the meeting and will be unable to attend. Please allow my letter to convey to you our feelings and support for the Logan Woods Community. Again, we appreciate your contacting the residents to find out their thoughts on the subject. Keep up the good work as Commissioner, you have our support. Sincerely, Icy Jarrell enue S. W. 34119 glj/tim/logan woods/10-22-97 Iohn C.. Norris Did. riot 1 TimoO~t L. Hatx:ock. Dim'ict 2 T'~nc, chy J. District 3 Pamela S. Mac'~ie D~ll4ct 5 3301 E~s~ Tami~ni T~ · ~ Fiodd~ 34112-4977 (941) 774-8097 * F~x (941) 774-3602 October 22, 1997 Mr. and Mrs. Tom Junkroski 5391 6th Ave. SW Naples, FL 34119 Dear Mr. and Mrs. Junkroski: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28'~ is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. TJC:vgr 13:06 FAX 9415983868 K{I,I~HLIN(~ INDUSTRIES ~00! )ohn C. ~ Timothy L Hancock, AICP ~mot~ I. Co~t~cin~ Pamela S. ,'v~c'lGe Oisuict 4 B~oara B. Berry Di~i(:t $ 3301 Eas~ Tamiaml Trail · Naples, Florida 34112-4977 (941) 774-8097, Fax (941) 774-3602 October 27, 1997 Mr. Thomas A. Junkroski 5391 6th Avenue SW Naples, Florida 34 t 19 Dear Mr. Junkroski: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence. October 28'~ is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you. please don't hesitate to contact me. Ve yo . P Timothy J. Constantine Commissioner. District 3 TJC:vgr Io-~z-q7 Hmothy L Hancock I:~str~ct S 3301 East Tamiamt Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (9.41) 774-3602 October 22, 199'/ 12 3- Ms. Nan H. Sula 5311 4th Ave. SW Naples, FL 34119 Dear Ms. Sula: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it ail into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 25~' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you, g,4flease don't hesitate to contact me. Very ~y yours, TJC:vgr Boar~ of count~ 3301 East Tamtami Tra~l "NapleL Fk)rtda 34112-4977 (941) 774-8097" Fax {~J41) 774-3602 October 22, 1997 Mr. and Mrs. Matthew D. Berman 5361 3rd Ave. NW Naples, FL 34119 Dear Mr. and Mrs. Berman: Thank you very much for your recent letter on the topic ofsu'eet name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28~ is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thar~k you and if I may be of further assistance to you, please don't hesitate to contact me. Very TJC:vgr Afatthew D. & Carrie L. Berrnan 5361 3rd Avenue NW Naples, Florida 34119 941-455-9698 october 17, 1997 Timothy 3. Constantine Commissioner, District 3 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112 RE: 'Logan Woods' proposed s'o'eet name changes Dear Mr. Constantine: Thank you for your letter dated October 8m regarding the proposed change in our area. Ny husband and ! have both been discussing this matter and do agree with your outlook that if there is going to be a change it should encompass a larger area than just 4 streets. As 'Golden Gate Estates" is such a large area we both feel that it would only be a benefit to have some distinction as to actually where ones community is within 'Golden Gate Estates'. We also feel that the name change would make things less confusing, espedally for our mail carriers. We would gladly welcome a name change and feel that'Logan Woods' should encompass all st]-eets off Logan Blvd., including Logan Blvd. from Pine Ridge Road to Vanderbilt Beach Extension. Should you have any questions, or need b3 discuss this matter, please do not hesitate to contact us. I am,/f (~e L. Berrnan Iohn C Nc~$ l"imo~ L. Htr~:x~k AICP DisU~ 3 3301 E~.s~ Tami~nt Tr~JI * N~oles, Fior~ 341124977 (941) 774-8097" F~x (941) 774-3602 October 22, 1997 Mr. William G. Stelzer 5091 8th Ave. SW Naples, FL 34119 Dear Ma-. Stelzer: Thank you very much for your recent letter on the topic of'street name changes in Logan Woods. I am taking input from citizens throughout thc Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 280, is the date for the public forum. I will make sum that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assistance to~ase don't hesitate to contact me. Timothy~/Constantine Commissioner, District 3 TJC:vgr WILLIAM G. STELZER Certified Public Accountant 301 North Airport Road Naples, Florida, 34104 941-643-1622 Fax: 941-643-1657 October 17, 1997 I cannot imagine emergency ser¥ice people such as fire, police or ambulance with trouble pin-pointing a location such as "Sycamore Drive, Logan Woods" any differently than" 8th Avenue S.W.". In fact, since 7th, 5th, 3rd, 1st Avenues S.W. is off of Rte. 941 and not Logan and are not directly accessible from 8th Avenue S.W. or 6th Avenue S.W., the new address would be much less likely to cause confusion. We understand that the individuals who took the initiative to request the name changes have spent a great deal of time researching available names and have attempted to fairly select the names to be applied to each street. We think they should be congratulated for their efforts and we are satisfied with the name which has been chosen for our street. The area already has an identity of it's own. When asked where we live, we find that most people identify "off of Logan" rather than 8th Avenue S.W.. I think this recognition of location is true whether it be the pizza driver, service man, real estate person, delivery driver or any one familiar with Naples. Mr. Timothy J. Constantine Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 :£.~:': ;T :.0unt~ .~.m ..... -- · Dear Commissioner Constantine: Thank you for your letter of October 8th requesting information on the proposed name change for the area in which my wife and I reside. We were not contacted by the circulators of the petition for the name change and our names are, therefore, not on the petition but we strongly favor the change. Our home at 5091 8th Avenue S.W. was completed in 1995 and consists of approximately 6,000 square feet under roof, five bedrooms and 4 1/2 baths. We have been residents of Naples since 1975 so the area was familiar to us and one which we felt would ap. preciate in value. As you point out, the community is unique an that it offers rural living with urban convenience. The name change would further enhance a section of the county which is attracting so many fine new homes. Thank you for your concern. William Stelzer Dist~ ~ TinxxJ,./L Ha.cocY. AL"P D~k:t 2 3301 East Tamlami Trail · Naples, Florida 34112-4977 (941) 774-0097 * Fax ffJ41) 774,.3602 October 22, 1997 Mr. John Brinkman 5238 7th Ave. NW Naples, FL 34119 Dear Mr. Brinkman: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28'" is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further asslstance t~please don't hesitate to contact me. / Timoth~ J/Constantine Commis~oner, District 3 TJC:vgr c,'c i~e. Lc.~x,--, ¢..A$ E.. .A& L~- RECEIVED 0C! 2 0 1997 ¢oard o¢ Countd Co~tsstoner$ 3301 Eza~ Tamlami Trail ,, N~:des, Florida 34112..4977 (941) 774-8097" Fax (9411 774-3602 October 22, 1997 -¢ Ms. Joyce E. Horton 5075 1st Ave. NW Naples, FL 341 !9 Dear Ms. Horton: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout thc Logan Woods area and will take it all into consideration as we move ahead in the decision making procc~. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a pan of the Public Record. Again, thank you and if I may be of further assistance tg~o~ please don't hesitate to contact me. Commi~mner, District ~ TJC:vgr _ ~EcEtVED John C. N~x~ri$ D~c~ ~ Timothy L Hancoc~ ^~CP D~U~2 Timothy J. Con~t~ntlne Di~ric~ 3 D~ct 4 D~u~ct $ 33(~1 East Tamtaml Trail · N~p~ Florida 34112-4977 (941) 774-8097 · I:~x (941) 774-3602 October 22, 1997 Mr. and Mrs. James Ebert 4860 6th Ave. SW Naples, FL 34119 Dear Mr. and Mrs. Ebert: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the dec,ion making process. As I mentioned in my prior correspondence. October 28~' is the date for the public forum. I will make sure that your letter and all others I receive are a part ofthe Public Record. Again, thank you and ifI may be of f-arthg assistance to you, please don't hesitate to contact me. Very tm ~ Tkmoth Commi . C~onstantine oner, District 3 TJC:vgr CO~ $CI-I~L OF NAFLE$ P. 1 ~ OF ~DL~ SCHOOL Mr. Ttm Constanttne Commissk)ner, Dtstdct 3 Fax & 774-3602 13 Oct. Dear Mr. Constantine, My husband and I are deeply in favor of the Logan Woods proposal. Although somewhat a hassle, changing the names to a more commtmity-orlented designation offers all of us who llve In this area the chance to get to know one another and watch out for each other in a neighborhood set0ng. We would ail appreciate some sweet lights! Sincerely yours, 4860 6th Ave SW . .,//~ 3251 PI:NE RIDGI~ ROAD ' NAPLES, Iq, ORIDA 34109 (941) 597-7575 FAX: (941) 598-2973 3301 East Tamiami Tr~ · ~ FIot~ 34112-4977 (9.41) 774.809? · F~x ~il) 774-3602 Ck:tober 22. 1997 Mr. and Mrs. David A. Donaldson 4980 6th Ave. SW Naples, FL 34119 Dear Mr. and Mrs. Donaldson: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 280. is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to yo,/~l~ease don't hesitate to contact me. Very~ur~, rimotl~. Constantine CommiSsioner, District 3 TJC:vgr October 12, 1997 Mr. Timothy J. Constantine Board of' Collier County Commissioners 3301 E. Tamiami Trail Naples, FL 34112-4977 Re: Logan Woods Dear Commissioner Constantine, I was encouraged when I received your letter of October 8, 1997. In response to your request for our input on the name changes, we are in _flail suppo~.~ of the proposed street name changes and neighborhood name change to Logan Wood.t With ail ofthe gated communitie~ completed or underway, I think the Livingston Woods, Logan Woods "neighborhoods" provide an excellent b~nee. The~ type of neighborhoods instill community and ~ of ownership, in the l~t five ye~r~ w~ have lived on 6th Ave. SW, I have seen nothing but improvements to every home and landscape along our street. Changing the name to Logan Woods will only further this trend. Regaxding your thoughts on including the NW streets, I was under the impression they did not w-a~t to partlcil:~te, even though I agr~ ~ all of the streets along Logan would make the most sense. However, I would hate to delay approv~ ~t the October 28 meeting resulting in an effort to incorporate unwilling pm'ties. I feel that the NW meets could easily be accommodated in the future in that the "Logan Woods" design~tioo is ofpdrm~ importan~ and once the NW residents become accustomed to the benef~ their chosen street nam~ could be added later. Please don't delay the momentum the majority ofthe SW residents have gained by signed petition. I worry that delays have a way of creating fixrther delays ~ we become "bogged down", then accomplish nothing. I look forward to your help in getting this positive change approved on October 28 and thank you for your ~upport of "Logan Woods". Sincerely, David A. and Diane L. Donaldson 4980 6th Ave SW., Naples, FL 34119 ce: Bob Salvaggio \ Community Development D~.kt 3 Pameb $. Mac'~ D~str~t S 3301 E~t Tamiam4 Tr~ * ~ Fk~da 34112-4977 (941} 774-8097 · Fax (9.41) 774-3602 October 22. 1997 Mr. and Mrs. Gerald A. Crowley 5231 4th Ave. SW Naples, FL 34119 Dear Mr. and Mrs. Crowley: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28~ is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistanc~ ~please don't hesitate to contact me. Very y yours, Timo · Commiss¥oner, District 3 TJC:vgr Timothy $, Coastantine Commissioner, District 3 Board of Collier County Commissioner~ 3301 East Tamiami Trail Naples, Fl. 34112-4977 Dear Mr. Constantine: 5231 4th Avenue S. W. Naples, Fl. 34119 O~tober 12, 1997 This is in response to your letter concerning the proposed street name changes of' the "Logan Woods" neighborhood. We ar~ very much ~ of the changes as proposed. The benefits ['ar outweigh any minor inconveniences or expense that may result. Several residents of the neighborhood ( Caroline Spounias for one) have already invested much time and effort [r~o researching acceptable ~ue~t names. All residents were given the opportunity to vote on these names, and I see no reason to look for any additional names at this point. We would like to see this proposal passed as written, which does not include the NW Avenues. However, ii'you feel that acceptance is dependent on thek inclusion, we would be willing to go along with this to expedite the matter. Thank you for your time and consideration. Sincerely, Gerald A. Crowley ~,~ John C No~'b Pameb 5. ,~:'K~e 3301 East Tamiami Tra~l * Nal:des, Flo~da 34112-4977 (941) 774-8097 ,. Fax (941) 774-3602 Octo~r 22, 1997 12C3_O' Mr. and Mrs. John F. Bailie 141 Logan Blvd. Naples, FL 34119 Dear Mr. and Mrs. Bailie: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will lake it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 25~ is the date for the public forum. I will make sure that your letter and all others I receive are a pan of the Public Record. Again, thank you and if I may be of further assistance to ~a.se don't hesitate to contact me. Very tr~ yours, th~onstanti Timo ne Commi~bner, District 3 TJC:vgr 3301 Ea~ Tandami Trail · Naples, FtoHda 34112..4977 (9al) 774-8097" Fax (941) 774-3602 October 8, 1997 12C3- Mr. & Mrs. John F. Bailie 141 Logan Blvd Naples, FL 34119 Dear Mr. & Mrs. Bailie: This correspondence is a reques~ for information from your community. 1 would like your input as well as input from all of the residents of the "Logan Woods" neighborhood on the proposed street name changes. A group of area citizens have proposed that 2nd Avenue SW, 4th Avenue SW, 6th Avenue SW and 8th Avenue SW street names be changed. Some have fi.u~er proposed that the NW Avenues be changed as well. Should it be the desire of your community for the name changes, I believe it would be far more preferable to do it in an all encompassing manner rather than a hodgepodge of individual changes. There are clear benefits. A sense of community can be established. A recognized neighborhood can ease directions for visitors and emergency personnel alike. Community cohesion usually so,trs with a recognized label as well. There are also some detrimental issues. The initial change could prove confusing to some individuals. Stationary would need to be changed along with banking accounts, utilities a~l credit card notification, etc. Logan Woods has successfully combined mban convenience with rural living and ! arn told the proposed name changes are meant to be another step towards creating an even greater sense of neighborhood. It is one method the petitioners have put forward for carving out an identity for the community, particularly since it is one of the nicest in the area. Please let me know your thoughts on the pro~ street .'~me ch~g~s. I would h'ice your input as to wh~her you approve or disapprove the proposed changes and I would appreciate your advising me of any other concerns or suggestions you may have for your communky. Specific ~ name suggestions are welcome as well. The issue is scheduled to come before the Board of County Commissioners on October 28. 1997, so your prompt response is appreciated. I look forward to hearing from you soon. Thank you. y ~ Wi Comffr[ssiorer, District 3 TJC/cb (~2 P'~M4a S. ~ D~st~:t 4 3301 Ezst. Tamia~ Tra1 · Naples, Iqorkla 34112-4977 (941) 774-~097 · Fax (~41) 774-3602 October 2:2, 1997 Mr. and Mrs. Sincavage 5340 7th Ave. NW Naples, FL 34119 Dear Mr. and Mrs. Sincavage: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28"' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may b~ of further assistance t~ please don't hesitate T'moth , J Con.caatine Commi~Sner, District 3 to contact me. TJC:vgr 3301 E~t T~m~mt Tr~l * ~ Florid~ 34112-4977 (941) 774-a097 · F~x ~941) 774-3602 October ii. 199'/ Mr. and Mrs. A~ 5340 7th Ave. NW Naples, FL 34119 RECEIVED f Count/ Co~mi~sloners ~ Mr. az~d Mrs. 'v'clopulos: This correspondence is a request for i~nformation f_q;~ your community. I would like your input as well as input from all of the residents ofth~)neighborhood on the proposed street name changes. A group of area citizens have proposed-"d;~-2nd Ave~t~ SW, 4th Avenue SW, 6th Avenue SW and 8th Avenue SW street names be changed. Some have further proposed that the NW Avenues be changed as well. Should it be the desire of your community for the name changes, I believe it would be far more preferable to do it in an all encompassing manner rather than a hodgepodge of individual changes. There are clear benefits. A sense of community can be established. A recognized neighborhood can ease directions for visitors and emergency personnel alike. Community cohesion usually soars with a recognized label as well. There are also some detrimental issues. The initial change could prove confusing to some individuals. Stationary would need to be changed along with banking accounts, utilities and credit card notification, etc. Logan Woods has successfully combined urban convenience with rural living and I am told the proposed name changes are meant to be another step towards creating an even greater sense of neighborhood. It is one method the petitioners have put forward for carving out an identity for the community, particularly since it is one of the nicest in the area. Please let me Icnow your thoughts on the pm0osed street name changes. ! wnuM like your input as to whether you approve or disapprove the proposed changes and I would appreciate your advising me of any other concerns or suggestions you may have for your community. Specific street name suggestions are welcome as well. The issue is scheduled to come before the Board of County Commissioners on October 28, 1997, so your prompt response is appreciated. i look forward to hearing from you soon. Thank you. ~ ) With Timo/y ~ Constantin~ Core. loner. District 3 TJC/cb 3301 East T4mlan~ Tra/l · ~ Flork~ 34112-4977 (941) 774-8097 · Fax (941) 774-3602 October 22, 1997 Mr. and Mrs. Charles DeLuca 4920 7th Ave. NW Naples, FL 34119 Dear Mr. and Mrs. DeLuca: Thank you very much for your recent letter on the topic ofstreet name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. Timothy~ J. Constantine Commis~ner, District 3 TJC:vgr Linda DeLuca 4920 7th Ave N.W. Naples, FL. 34119 RECEIVED 17 1997 ,~f C,3an~ Commissioners October 12, 1997 Board of County Commissioners Timothy $. Co~tamirm Naples, Fl. 34112 I received your letter of O~tober 8, 1997 and I am very interested in the changes that are .occurring in .m..y co.~mmunity~ I read, in ~ newspaper a few months back about the ~nterest m calhng 2 ave, 4'" ave, 6= ave, and 8= ave Logan Woods and could not understand why this would happen just to those s/xeets and not the rest of Logan. I do not understand how you could separate the streets out like that. I feel out streets are just as nice and desirable as the "even" streets. I would like to have a say in this matter and I would like the opportuaity for our neighbors to express their feelings on this matter. Both my husband and I would like to atteM the Meeting on October 28, 1997. Ifthat is not possible than I would appreciate you adv/s/ng the Board that all of Logan should be consider a community and incorporate the same guide lines for all the streets. Thank you for you letter and for informing u~ of the changes going on in our commurfity. Looking forward to heating from you. Sin~rely, Mr. And Mfs. Charles DeLuca ~4 3301 East Tamlami Tra/I · I~l::~es, Flor~ 34112-4977 (941) 774-8097 * Fax (941) 774-3602 October 22, 1997 Mr. and Mrs. Ray Stall 5090 2nd Ave. SW Naples, FL 34119 D~ar Mr. and Mrs. Stull: Thank you very much for your recent letter on the topic of sar'et name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28'" is the date for the public forum. I will make sur~ that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assistanc.~ ~.tHaase don't hesitate to contact me. Timoth~/J.,Comantine Commi~ner, District 3 TJC:vgr o0 RAY ANO JUOY ~. be an instant improvement over the seemingly impenetrable soup of numbers, streets, avenues, places, courts, northeasts and southwes~ that comprise the current sy~em. You could sit a chimp at a b~pewriter and have it randomly peck keys, place the word "street" and the end of iL and come up with a system that is easter for the layman to decipher than the one that's there now. ("! live on BgHt&2% StreeL" "No kidding I'm just two block~ over on !gfp~z.") The existing Golden Gate street identification system was put in place by the original developer of the area. . The people who have to deal with the system every day say there's a method to the apparent madness and once you get used to iL it makes a lot ofsense. "People don't take the time to learn the sy~em," say~ Golden Gate Fire Chief Don Peterson. Intersecting Golden Gate and Wilson boulevard~ form quadrants that are designated northeast, southwe~ etc. Equipped with that information, the s~xeet name and the ~ two numbers of an address, it is e~y to get where you're going, Peterson s~id. .In fact~ Peterson says n~vigat/ng the intricate system of numbers i~ so much better than finding the way around a bunch of s~a'eets named after vegetation that he would weigh in on the Logan Wood~ quest/on -- if anybody would ask. So far, no one [corn the county staff ha~ The st~T, which has recommended that county comm/~.~ioners grant the name changes, does not routinely consult the fh'e department over street names or name changes. #We get notified after everyone has adopted the change," the chief g~id. l~eterson ~ that can lead to confusion and extended re~pon~e fime~ later on. So when commissioners tak~' up the subject on Ock 28, the ~'~les will probably t/p in favor of. the majority over the objectt~ of the remainder of resident~ who don2 want the ha~le of an address change.. One wonders whether the outcome might be different if the fire chiefs thoughts are given any weight. ' ' IohnC Norris D~trk~ 1 r~q, L H,~a:~ A~CP Dil~cl 2 ~ I. C~n~ ~ S. ~'~ ~m 4 ~S 3301 Ea~. Tamiami Trail · Natdet Florida 34112-4977 (g~l} 774-&0~7 · Fax (~41) 774-3602 October 22, 1997 Mr. Russell J. Wright 4600 Enterprise Ave. Suite A Naples, FL 34104 Dear Mr. Wright: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part ofthe Public Record. Again, thank you and if I may be of further assistance to yo~ do hesitate to contact n't me. 'rim y J. :onstantine Com~ner, District 3 TJC:vgr MEMORANDUM Russell J. Wright (941) 434-.61 O0 (941) 434-0100 FAX 3301 East Tamiamt Tr~l" Naples, Florida 34112-4977 (941) 774-8097 ,, Fax (941) 774-3602 October 22, 1997 Mr. and Mrs. Ray Glist 4821 2nd Ave. SW Naples, FL 34119 Dear Mr. and Mrs. Glist: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance~ don't hesitate to contact me. Timoth~ J...Constantine Commi~j/oner, District 3 TJC:vgr Io~n C. Norris Dis~c~ 1 Dis~ric~ 3 3301 E~s~ Tami,~'ni Tr~ · N~oles, Flodd~ 34112-4977 (~11) 774-8097 · Fa (941) 774-3602 October g. 1997 Mr & Mm Ray Glist , _ De~Mr.~ - ~"-" This correspondence is a request for information from your community. I would like your input as well as input from all of the residents of'the "Logan Woods" neighborhood on the proposed street name changes. A group of area citizens have proposed that 2nd Avenue SW, 4th Avenue SW, 6th Avenue SW and gth Avenue SW street names be changed. Some have further proposed that the NW Avenues be changed as well. Should it be the desire of'your community for the name changes, I believe it would be tar more preferable to do it in an all encompassing manner rather than a hodgepodge of individual changes. There are clear benefits. A sense of community can be established. A recognized neighborhood can ease directions for visitors and emergency personnel alike. Community cohesion usually soars with a recognized label as well. There are also some detrimental issues. The initial change could prove contusing to some individuals. Stationary would need to be changed along with banking accounts, utilities and credit card notification, etc. Logan Woods has successfully combined urban convenience with rural living and I am told the proposed nmne changes are meant to be another step towm'ds creating an even greater sense of neighborhood. It is one method the petitioners have put forward for carving out an idendty for the community, particularly since it is one of'the nicest in the area. Please let me know your thoughts on the pro.rinsed street name c,hanges. I would like your input as to whether you approve or disapprove the proposed changes and I would appreciate your advising me of any other concerns o.r sugg..estions you may have for your community. Specific street name su~ggestions are welcome as well. The ~ssue ~s scheduled to come before the Board of County Commissionj:a,~n~Octoher 28, 1997, so your prompt response is appreciated. ~ [ look forward to he.a.,'ing from you soon. Thank you. ~ Timo~y; C~nstantine Comlbissibner, District 3 TJC/cb Timothy L. Hanc~ AICP Disb-~ 2 T',t~Xhy I. Cc~s~nt~ne Pimeli S. ,'vtac'l~ Dish~ 4 Dislric~ 5 3301 East T~T~i Trail * Na~, Florida 34112-4977 (941) 774-8097 · Fax (~,11) 774-3602 October 22, 1997 Mr. Douglas M. Voss 405 Logan Blvd. Naples, FI, 34119 Dear Mr. Voss: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28"' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance~ease don't hesitate to contact me. Co~ioner, District 3 TJC:vgr 33ol ~-t ~ Tr~ · ~ ~ 3411~-4g~ (941} ?74-~097 · Fax {941} ??4-3602 October 8, 1997 Mr. Douglas M. Voss 405 Logan Bird Naples. FL 34119 Dear Mr. Voss: This correspondence is a request for information from your community. I would like your input as well as input from all of the residents of'the "Logan Woods" neighborhood on the propos~cl street name changes. A group of area citizens have proposed that 2nd Avenue SW, 4th Avenue SW, 6~ Avenue SW and 8th Avenue SW s'U'~et names be changed. Some have further proposed that the NW Avenues be changed as well. Should it be the desire of your community for the name changes, I believe it would be far more preferable to do it in an all encompassing manner rather than a hodgepodge of indiyidual changes. There are clear benefits. A sense ofconununity can be established. A recognized neighborhood can ease directions for visitors and emergency personnel ah'ke. Community cohesion usually soars with a recognized label as well. There are also some detrimental issues. The initial change could prove confusing to some individuals. Stationary would need to be changed along with banking accounts, utilities and credit card notification, etc. Logan Woods has successfully combined urban convenience with rural living and I am told the proposed name changes are meant to be another step towards cre~fing an even greater sen.s~ of neighborhood. It is one m~hod the petitioners have put forward for carving out an identity for the community, particularly since it is one of the nicest in the area. Please let me know your thoughts on the proposed street name changes. I wculd like your input as to whether you approve or disapprove the proposed changes and I would appreciate your advising me of'any other concerns or suggestions you may have for your community. Specific street name suggestions are welcome as well. The issue is scheduled to come before ~ Bom'd of County Commissioners on October 28, 1997, so your prompt response is appreciated. I look forward to hearing from you soon. Thank you. ~ · Iofln C. Norris D~2 Timo~ I. C~n~ 3301 Eas~ Tamiarni Trail ,, Naples. Flodda 34112-4977 (941) 7744097 ', Fax (941) 774-3602 Octob~ 22, 1997 Mrs. Ma~ccn Oreschnick $132 7th Ave. NW Naples, FL 34119 Dear Mrs. Oreschnick: Thank you very much for your recent letter on the topic ofsu'eet name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28" is the date for the public forum. I will make sure that your letter and all others I receive are a part of thc Public Record. sumc~n't hesitate to contact Again, thank you and if I may be of further assi me. Timothy--~I' C~nstanfine Commission?r, District 3 · TJC:vgr October 12. 1997 Timothy J. Constantine Commissioner, District 3 Board or Collier County Commissioners 330[ East Tamiami Trail 'Naples, FL 34112-4977 Dear Commissioner Constantine: Thank you very much for your letter concerning our neighborhood "Logan Woods'. I agree with you that if we agree to change the street names it should encompass all SW and NW streets. I would also like to propose that we place attractive wooden signs saying "Logan Woods" on the corners of Pine Ridge Road and Logan Boulevard and Vanderbilt Beach Extension and Logan Boulevard. Here are a few suggestions for proposed street names: Logan Woods Drive Sugar Maple Drive Old Pine Drive Cabbage Palm Drive Pepper Hedge Drive Maleluca (sp?) Drive Cypress Knee Drive Cypress Marsh Drive Oak Trail Drive I look forward to hearing the outcome of the October 28, 1997, Board of County Commissioners meeting. In addition, graciously await your correspondence regarding other District 3 issues. Sincerely, Mrs. Maureen Oreschniek 5132 ?th Avenue NW Naples, FL 34119 'nmo~ L 3301 E~ Tami~'ni Trail · M,t~, FIo~d~ 34112-4977 (941) 774-8097 · F~x (941} 774-3602 October 22, 1997 12c3-G Ms. Margarite Dean 410 Logan Blvd. S. Naples, FL 34119 Dear Ms. Dean: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it ail into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistan~ ~~1~ don't hesitate to contact me. T'mo Co--tine Commiksloner, District 3 TJC:vgr Pam~ S. Mac'~e 3301 East Tamiami Trail * Naples, Flex'ida 34112-4977 (941) 774-8097 · Fax (941)774-3602 October 22, 1997 2 C Mr. and Mrs. John J. Micklos, Jr. 5140 3rd Ave. NW Naples, FL 34119 Dear Mr. and Mrs. Micklos: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28"~ is the date for ~ public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assistant= ~/~lease don't hesitate to contact me. TimoOxy 1. Constantine Commoner, District 3 TJC:vgr ~'~'~,/I. Come. ne P~neh S. M~c'IGe D~zic~ $ 3301 Eas~ T~mlamt Trail · Na~ ~ 34112-4977 (941) 774-8097 · Fax (941) 774-3602 October 8, 1997 Mr. and ~ John J. Micldos Jr. Naples, FL 34119'" Dear Mr. and Mrs. Micidos Jr.: This correspondence is a request for in£ormazion from your community. I would like your input as well as input from all of the residents of the "Logan Woods" neighborhood on the proposed su'eet name changes. A group of ar~a citizens have proposed that 2nd Avenue SW, 4th Avenue SW, 6~ Avenue SW and 8th Ave~,ue SW street names be changed. Some have furttm' proposed that the NV/Avenues be changed as well. Should it be the desire ofyour community for fl'e name changes, ! believe it would be far more preferable to do it in an all encompassing manner rather tha~ a hodgepodge of'individual changes. There are clear benefits. A sense of community can be estabiLshed. A recogniztd neighborhood ca~ ease directions for visitors znd emergency personnel alike. Community cohesion usually soa~ with a recognized label as well. There are also some detrimental issues. The initial change could prove confusing to some individuals. Stationary would need to be changed along with banking accounts, utilities and crodit card notificaIion, etc. Logan Woods has successfully combined urban convenience with rural living and I am told the proposed name changes are meant to be another step towards creating an even greater sense of neighborhood. It is one method the petitioners have put forward for carving out an identity for the community, particularly since it is one of the nicest in the area. ~. Heasc le~ me know your :hough~ cn ~hc propo':,ed ~ na:~: chugs. ! ~.,~utd like yeLV inpm a~ te whether you approve or disapprove the proposed changes and I would appreciate your advising me of any other concerns or suggestions you may have for your community. Specific street name suggestions are welcome as well. The issue is scheduled to come before the Board or'County Commissioners on October 28, 1997, so your prompt response is appreciated. look forward to hearing from you soon. Thank you. ~ with _~ /~ . .~. ~om i~oner, District 3301 E~ Tamlaml Trag · Naples, Flc~da 34112-4977 (941} 77~097 · F~x (a.41) 77~.-3602 October 22, 1997 Mr. and Mrs. Edward J. Palcisko 5371 6th Ave. SW Naples, FL 34119 Dear Mr. and Mrs. Palcisko: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28~' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistan.//t°Y~ T'maothyIJ. (~onstanfine District Commks~gfier, 3 don't hesitate to contact me. T$C:vgr 3301 Eut T~ml~d ~ e Na~ Flodda 34112.4577 (~11) 774-00~? .* Fa~ (941) T74.~o02 Oct~t~r 8, 1997 1 2 Mr. & ]vita. l:&dwud J. P~lclsko 5371 6th Ave SW Napi~ FL 34119 ~ Mr. ~M~.' P~c~o: This corresponden~ is · r~ue~t for inf~ti~ f~ ~ ~munlty. I wou~ ii~ your In~ es well ~ ~ of~ dd~ h,~ pm~ ~,t 2~ A~ SW, 4 A~ SW, ~ A~ SW a~ gm Argue SW s~t ~m~ ~ ch~. Some ~ ~ ~ ~ ~ ~ A~ ~ c~ ~ ~11. Should ~ B! ~~1~ m~~~ a ~~ of~ ~ There Are clear ben¢lits. A seT,sc ofcommunity can be eftab .H~..'. A rccq::~AJz~ nc4ghborhood can dimcttom for visitors and emergenc7 personnel altko. Community cohesion usually loin1 with p. I~1 a~ w~ll, Them ~re n/so some detrimental issues, The init~ r, ban~ could pro~m, eonf~ln8 to ~ome lndh4dua/r~ Stationary would need lo be change~ along with 1~gdn8 ncco~nls, utgide~ md ca~d~ ced noUflcaflo~ etc. Los;~ Woods has succe~fulty combined urt~ ceev~ience with tm-al llvtng md i am told the pmlXts~d neme changes are meant lo be another st~p mwa~.~ crcadn8 an even ip~t~ sense o£ ncillhlxx4wod. It is otto meO'~ the pctiLton<~ hav~ put forward for carving out an tde~tity for the commun/ty, pa~ticularly slace h h one of the nicest in ~e a~ea. you approve or dis.q:q:n'o~ the proposed change...a~ J w~u. Id apl~ecla~, your .,advtstn8 me ofany o~!~' ' ~ or ~ul~.~,~don~ you m~y h~r~ fo~ your cemmu6~. ~ec~fle ~ mm~ ~uS~s ~r~ w~c~rne m w~U. The isaue is scheduled to come before the Bom'd of Coun(y Commhalone~ on October 28, 1997, so your prompt reqx~ ia ~:~ecLat~. ] look focwmxl to beadrt~ ~xxa you Joon, Thtnk you. TEL .Tun 18,72 17 P.02 33Ol F.,ut Tm, daml Tra~l * ~ I~ 34112d~7 {941) 774.~7 * ~lm (~41) 77~.3~32 0<4o~ 8, lC~'7 Mr. F~dw~d P~lclskc $3'/1 6th Avenuc SW 'N-pica, Flori(la 34119 Dear Mr. pal.ciske: This co~r~spondcnc~ is a . .~ ~ ~ec~s A lnp~ f~ ~l of~ ~sl~ afro L~W~ ~ ~ ~ ' ~p of m ctfi~ ~ve ~ ~ 2~ A~ SW, 4~ A~ SW, ~ A~ SW ~ 8m A~ SW ~ n~ ~ c~. ~e ~ ~ ~ ~ ~ NW Av~ ~ ~ ~ ~11. SMuld it ~ ~ d.t~ di~io~ for visilo~ ~ Woods has successfully combined urban convenle~a wlth rural HYing and I am told ~ proposad namc ch~m~es are meant to be tnoth~ step towards cre~ng sn even gre___-s~__ sense ofnsi~. It IS one me0~xl the potiiioners have put forward for ca~ o0t an id~nt~ roi' ~e community, ptrflcularly since It is one at'the nicest tn tho ar~a. T$C./cb Please let me know your th'ou~t~ on tho propeeed street nm~e chaages. I would lika your inl~ u to whether you approve or disapprove ~e ~ cbangm and I would sppt~ ),our ~ ma ofany other conccms or suggcsttor~ you may have for your commtmJty. Specific ~ r'~ma SUl~.rtk3~ a~ welcome as well, 'i'r~ i~ is s~bedul~d to como befo~ ~ Board ofCoum7 C~t#ion~s on October 2l, 1997, so your promp< rcspons~ Is nppe~clamd. ~ I loot forwa..d to I~artng fi'om you soon, Thank ~ 3301 East T~'niarni Tr~l * ~ Fkxida 34112-4977 (941) 774~097 · Fax (941) 774-3602 Octol~r 22, 1997 Mr. Donald Boultbee 4820 6th Ave. SW Naples, FL 34119 Dear Mr. Boultbee: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28'~ is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assistance to ~ea~don't hesitate to contact me. Timothyt J. ~onstantine Commis~aer, District 3 TJC:vgr Boull~)ee 4~B20 SIx~ Avenue SW lY~le~. FL 34119 USA 3301 East. Tamiami Trail ,, Naples, Ylodda 341124977 (941) 774..8097 · F~x (941) 774.-3602 October 22. 1997 Mr. and Mrs. Gary Stevens 3 Esther Street Naples, FL 34104 Dear Mr. and Mrs. Stevens: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the deck4on making process. As I mentioned in my prior correspondence, October 28~' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assistance t~~ase don't hesitate to contact me. Timoth2[ J.)Constantine Commi~ner, District 3 TJC:vgr Gary and Judy Stevens 3 Esther Street Naples, FL 34104 941-643-1768 October 14, 1997 Timothy J. Constantine, Commissioner Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioner: Thank you for your note of October 8, 1997. We wanted to write to let you know that we are enthusiastically in favor of the name change of our property located on 2nd Avenue S.W. We are trying to sell our present home in order to build a new home on 2nd Avenue S.W. property. We understand the need to change our address with banks, utilities and credit card companies and will need to do that anyway when we do move to that address. We do understand that there will be a charge to the owners for the new signs and we are willing to pay our fair share. Obviously we are in favor of the benefits especially the ease for emergency personnel as well as a "recognized label" for our new community. Please support the residents of Logan Woods. Sincerely, 'a~ Juoy~Stevens 3301 E~st T;mi~ni Tr'~l · ~ FloricLa 34112.4977 (941) 774-8097 · F~ (941) 774-3602 October 22, 1997 Mr. Joseph A. Funigiello 5423 1st Ave. NW Naples, FL 34119 Dear Mr. Funigiello: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28"' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further a~istanc~ to yo~ don't hesitate to contact me. Timothy J/Con~antine Commislrdroner, District 3 TJC:vgr October 13, 1997 Mr. Timothy J. Constantine Commissioner, District 3 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-3601 5423 1st Ave. N.W. Naples, Fl. 34119 Dear Mr. Constantine, I would like to share with you my feelings on the renaming of the streets in the "Logan Woods" area of Golden Gate Estates. As a homeowner on 1st Ave. N.W. and a property owner on 4th Ave. S.W., my wife and I have a considerable interest on any changes proposed for the area. We strongly feel that the changes as proposed are conducive to dividing the community and separating an area that has a de- fined boundary with Pine Ridge Extension to the south, and Vanderbllt Beach Road to the north. If "Logan Woods" is to be adopted we feel that all streets in the area should be included to avoid the Civil War mentality of the Northwest against the South- west. Division will foster envy and contempt, a situation that I feel you as an elected official would not want to be a part of. By encompassing all streets off Logan north of Pine Ridge Ex- tension, I can envision the homeowners coming together with a sense of unity. Entrance signs might be in the future identifying the area helping to create our own identity. This will help to separate us from the vast area known as "The Estates.', We also feel the one mile long dead end streets are more like "lanes" or "ways," as opposed to "roads." We appreciate you looking into this situation, and feel sured that you will vote and recommend what is best for all your constituents, as opposed to a few on selected streets. as- ~J~seph A. Funigiello .Iohn C. No.~ D~II~:Z 1 l',,z)d~y L Ha~coc~. Diltr~ 3 3301 E~st Tamiami T~! · Ni~ F'k~da 34112-4977 (941) 774-8097 * Fax (941) 774-3602 October 22. 1997 Ms. Nancy L. Reed 51 O0 2nd Ave. SW Naples, FL 34119 Dear Ms. Reed: Thank you very much for your recent letter on the topic ofstreet name chaages in Logan Woods. I am taking input fi.om citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28~ is the date for the Public forum. I will make sure that your leuer and all others I receive are a part ofthe Public Record. Again, thank you and ifI may be of further assistance~~'/flease don't hesitate to contact me. Tim~y tiae Co ~ioner, District 3 TJC:vgr Mr. Timothy J. Constantine 3301E. Tamiami Trail Naples, F1 34~18-3602 Nancy L. Reed 5100 2nd Ave SW Naoles, Fi 34119 October 14, 1997 Dear Mr. Constantine: This is in answer to your request for information regarding the proposed street name changes. I reside at the above address at the present time. Although I have sold my home and will be moving shortly, I have .just purchased property on 5th Ave NW. This is three streets north of my present address. We intend to build our home within the next year. The benefits that you listed are some of the reasons that I am in favor of changing the names and becoming part of "Logan Woods." I am in favor of extending those streets included in the area. Of course, some of the reasons are personal, but as a twenty year veteran with the Sheriff's Office ! see other reasons. For purposes involving the fire department or law enforcement, to have all the streets in that area part of "Logan Woods." would be easier than just the original four. Many times in communications, officers and fire personnel are dispatched to an address off of Logan Blvd. adding that the street is either "off of Logan," or "three streets north of Pine Ridge Road." This would be no different than saying in "Logan Woods." I hope that you would see the benefit of this to our community and vote in favor of it in the near future. Thank-you for your attention. Sincerely, Nancy L?Reed 3301 Ezst Tzmlami Tr~l · N~pE, s, ~ 34112-4977 (941) 774-8097 · F~c (941) 774-3602 October 22, 1997 Ms. Jacqueline Reich 5075 6th Ave. SW Naples, FL 34119 Dear Ms. Reich: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to y~fl~.ase don't hesitate to contact me. Very 7;our~, Timo~h tantine Com~sioner, District 3 TJC:vgr October l 3, 1997 Timothy J. Constantine Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Horida 341 I2 RE: Logan Woods Dear Mr. Constantine: I was one of the original residents of 6th Avenue SW who petitioned the Board for the name changes of 2nd, 4th, 6th, & 8th Avenues SW. It has taken us over a year to research street names, vote on the names that were not already in use, and gain a spot on the agenda of a Commission meeting. I believe that all of the streets north of Pine Ridge, offLogan Blvd. Should be included in "Logan Woods", but I feel that 2nd, 4th, 6th, & the Avenues SW should be changed now since it will take at least another year to get the other streets/n the area between P/ne R/dge and Vanderbuilt to the point where the streets can be named. Why should we have to wait for them to catch up? We have been on the Commission agenda and continued to later dates two times and now this issue is scheduled to come before the Board again on October 28th. Will we have to wait 5 more years to get this done? S incerelf, ~~ · Jacque[ine Reich 5075 6th Avenue SW ' Naples, Florida 34119 3301 E~t ?~miaml Tr'41 · Napl~ Florida 3,1112-4977 (941) 774-8097 · F~x ;941) 774-3602 October 22, 1997 12C3- Mr. and Mrs. James O'Connor 5181 Ist Ave. NW Naples, FL 34119 Dear Mr. and Mrs. O'Connor: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to y/~lease don't hesitate to contact me. Very tx ~ly yours, Timo( [y J./2onstantine Comrr 'ss~ner, District 3 TJC:vgr P=C, EtVED OCT 2 ~ 1997 of ¢Oun~ Corr~s:f~ner~ /&,~,.,, ,e-~. &zam 3301 Ea~ Tamlami Trail * Naples, Iqorkla 34112-4977 (941) 774-8097 · Fax ~dl) 774-3602 1203 October 22, 1997 Mr. and Mrs. James M. Horan 5337 1st Ave. N.W. Naples, FL 34119 Dear Mr. and Mrs. Horan: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and ail others I receive are a part of the Public Record. Again, thank you and if I may be of further assistan~ to you, please don't hesitate to contact me. Very Timoth2q J.~Cormantine Commi.~ner, Dim'ict 3 T$C:vgr Mr. and Mfs. James M. Horan 5337 1st Avenue N.W. Naples, FL 3~.119 1 Mr. Timothy I. Constantine Commissioner, District 3 Board o£ Collier County Commissioner 3301 East Tamiami Trail Naples, FL 34112-4977 Dear Mr. Constantine, I am writing in regards to the proposed street name changes for the NW Avenues off Logan Blvd. inconveniences a.s you mentioned in your h,'tter, the long term benefits far outweigh those temporary issues. We arc defmit~ for any changes such u this which we feet can only have a positive effect on community ~ as well u a positive effect on the primary ' S~'eiy, l~mi¢ and Km'y Horan RECEIVED OCT 2 1 ~7 .~oard of Count~ Comisstoners 3301 E~t TarnLtmi Tr~ * ~ ~ 34112-4977 (941) 774-8097 · F~x (941) 774-3602 October 22, 1997 Ms. Nancy Phillips 4891 3rd Ave. N.W. Naples, FL 34119 Dear Ms. Phillips: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28'" is the date for the public forum. I will make sure that your letter and all others I receive are a pan of the Public Record. assistance to please don't Again, thank you and if I may be of further ~ Tirnoth~ J. (~onstantine Commi~/~er, District 3 TJC:vgr hesitate to contact me. October 15, 1997 Timothy J. Constantine Commissioner, District 3 3301 East Tamiami Trail Naples, Florida 34112-4977 Nancy Phillips 4891 3rd Ave. N.W. Naples, Florida 34119 .RE: Proposed "Logan Woods" Neighborhood Dear Mr. Constantine, I am writing in regards to the proposed street name changes in our neighborhood. This would be a definite improvemnet. There are too many streets with the same name and this leads to much confusion on the part of service persons, acquaintences, delivery persons and emergancy personel. By having even numbered streets on the lower end and odd numbered streets on the upper end, the confusion is sometimes nearly impossible to overcome. We are in a unique position as to location as we do not fit into the urban catagory as indicated by our address nor do we fit into the rural catagory as to the close proxi~ty of shopping and other conveniences. It would be extremely helpful to be able to give a neighborhood rather than to say off Logan, north of Pine Ridge and behind the Vineyards. I have lived 'off Logan' first on 6th Avenue SW and now on 3rd Avenue NW for the past seventeen years and this has been a problem the entire time. I fully endorse the proposed name change for our neighborhood and will assist in any way possible for the betterment of our ccm~unity. As a name for my street, I would like to propose Cypress Shadow or Cypress Shadow Way. Your efforts to bring this proposal to fruition is greatly appreciated and immensely welcomed. Best Regards, Nancy Phillips Homeowner 3301 East Tamlami Tr'~il · Naples, ~ 34112-4977 ('941) 774.8097 * FA {941) 774-3602 October 22. 1997 12C3- Mr. Timothy R. Lux 585 Club Side Dr. #303 Naples, FL 34110 Dear Mr. Lux: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28"' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assistance ~,0~ don't hesitate to contact me. Very ! 4aly yours, TJC:vgr Timo Coma~ ~nstan~e ncr, District 3 585 Club Side Naples, FL 341 Phone: (941) 514-3022 12C3-(.0 October 19, 1997 Ma'. Timothy J. Con~antlne Commis,~ior~r. District 3 Board of Collier County Commi~ioners 3301 East Tamiarni Trail Naplea, FL 34112-4977 RE: Property located at 4960 3~ Avenue NW, N~ ~ 34119 Dear Commissioner Constantine: Thank you for your letter of Octo~er g, 1997. We beth wish to expreu ou~ desire to have our property, locale razret We feel the same as you. that there are many increased be~-fi~ that will come 'e,~h this chan~. Please consider this our APPROVAL Further, we would ~joy the opporttmity in voting for specific meet name change, but have no submissions at this time. Michde C. Dim' p cI IVED OCT .~t Lc~nty Commissioners .,3. Iotm C.. Nc.'~s D~I Di~2 r, mcx~ I. ~ D~) Dis~c~ 4 D~5 3301 East Tamlami Trail · Na~ FloH~ 34112-497'7 (941) 774-8097 · Fax (941) 774-3602 October 22, 1997 Mr. and Mrs. Marvin Crites 01846 Rt. 15 Bryan, OH 43506 Dear Mr. and Mrs. Cdtes: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28" is the dat~ for the public forum. I will make sure that your letter and all others I receive are a part ofthe Public Record. Again, thank you and if I may be of further assistane~/~please don't hesitate to contact me. Very flaxly yours, Timot~ Comrr $.~onstantinc kner, District 3 TJC:vgr -( I (~'~ ~ ~:~' ?'~ ...... RECEIVED - OCT 2 1 1997 B~c,~ B. Ber~ C)~r~ S 3301 E~Ut Ta'nla~l Tm1 , ~ Floada 34112.-4977 (cj41) 774.-80~7 ' FIX FJ41) 774-3602 October 22. I997 Mr. Sam Spounias 5231 2" Avenue S.W. Naples, Florida 34119 Thank you very much for the courtesy copy of your October 21, 1997 ~xfespondcnc¢ to Chief r o t. Comz~ioner, DLstHct 3 TJC/cb ,I. 6:25 941-363-23G5 Sam Spounias 5231 2nd Avenue S.W. Naples, FL 34119 353-1017 fax 353-2365 10120197 via fax only-2 pages including this ¢over--455-7917 Chief Donald R. Peterson Golden Gag Fire Control & l:bzsctg District 4741 Golden Gate Parkway Golden Gate, FL 34116 Dear Chief Peterson, Thaak you for meeting with Rick Parlante and me this afternoon. I understand your concerns regarding tl~ 4 street name petitions. Commissioner Constantine had concerns similar to yours when w~ met with him in August. I understand you were aot aware that Commissioner Constantine seat a request for feedback to the residents of Units 32 and 95, proposing that Logan Woods include all 8 streets along Logan Blvd. between Pine Ridge Rd. and Vanderbilt Beach Rd. Extension. Commissioner Constantine's proposal to re- name all 8 streets resolves concerns of having a hodgtlxxlge of individual changes. I am sending you a copy of Commissioner Comlantine's letter as I promi.~ed. As we discussed this afternoon, Commissioner Constamia~'s proposal encompasses a geographic area with clear boundaries-Pi~ Ridg~ Rd. on the south, Vanderbilt Beach Rd. Ext. on the north, Vincyards on the west and tl~ canal on the east. Changing these two units to Logan Woods would better mirror what was done succesfully in Livingston Woods several years ago. You can fax me a copy of the letter you am wrifing~ to 353-2365 or mail to the address listed above. Please feel free to contact us with any questions or cone. cms you may have. Sincerely, Sam Spounias Commissioner Timothy I. Consmm~a~ via fax 774-3602 Rick Parlante via fax 353-5229 · .,.: 1-0/20/1997 .1.6:25 941-353-2365 =' ~"=?:!'~" CAROTEc Ir'lC I,o~n C Norris Pu~da $. Mac'Xie D~ct 4 Barba'a tL Berry Districts 3301 East Tamiaml Trail * Na~ Flodda ~41124917 (941) 7748097 · Fax (9411774-3602 October $, 1997 PAGE 82 1203- Mr. and Mrs. Sam Spounias 5231 2nd Avenue SW Naples, Florida 34119 Dear Mr. and Mrs. Spounias: This correspondence is a request for infom:~on Q'om ~ community. I would like your input as well as group of area ciuzem ttave proposed that 2 Avea~e SW, 4th Avenue SW, 6th Avenue SW and Sth Avenue SW street names be changed. Some have furfller proposed that the ~ Averlues be changed as ,,veil. Should it be the desire ofyour commtmity for the name c~ I believe it would be far more preferable lo do it in an all encompassing manner rather than a hodg=podge of i:xlividual changes. There nrc cie. ar bencrns. A sense ofcommunit7 can be established. A reco~lzed neighbortxxxl can ease directions for visitors and emergency personnel alike. Community cohesion usually soars with a recc~i~ label as well. There arc ~Iso some detrimental issues. ~ initial change could prove confusing to somc individuals. Stationary would need to be changed along wtlfl bankin& accounts, utilities and credit card notification. Logan Woods has successfully combined urban ~ with rurd livin~ and I mn told the prol:x:scd narc changes are meant to be another step towards c~ati~ tn evu3 gru~ sense ~nei~borboo~ It isone method the petitioners have put forward fro' car~ out an Ideat~ for the eommmity, ~ siace k is one of the nice:st in the area. PI~c let me lmow ym~' thot~ht~ ~fl t.% pm5'o,~ ~ ~ c~ I ~ ~ ~ ~ m m ~ ~orsu~~ ~ ~~. S~~~~~~~ well. ~e i~ ~ ~u~ m~ ~f~ ~~~~~~ l~,~ your prompt ~ ~ ~~ I look forward to hearing from you soon. Thank you. TIC/cb 'F~etd (..sc ccr~ -.,.4'.333 · i ' ' ! ~''t Illl IIII II II I I I 3301 Ea~ Tamiaml Trail · Naples, Florkla 34112-4977 (941) 774-a0~7, Fax {941) 77~.3602 October 8, 199'7 Golden Ga~e Impor~ Expor~ Inc. 6781 Sable Ridge Lane Naples. FL 34109 Sirs: This con~spondence is a request for information ftora your community. I would like your input as well as input from all of the residents of the "~.~L~or~ooc~ ~igh .~___ 0o the ~ street name changes. A group of area citizens have proposed that 2 Avenue SW, 4th Avenue SW, 6th Avenue SW and 8th Avenue SW street names be changed. Some have ~ proposed tha~ the NW Avenues be changed as well. Should it be the desire of your community for the name changes, I believe it would be far more preferable to do it in an all encompassing manner rather than a hodgepod~ of iadividual changes. There are clear benefits. A sense of'community can be embiLr~d. A recogni~ neighborhood can ease directions for visitors and emergency personnel ah~e. Community cohesion usually soars with a recognized label as well. There are also some deizimen~ issues. The [nit~ chan~e couki fa-ore confusin~ to some individuals. Stadonazy would need to be changed along with benki~ ac~:out~ utilities and credit card notification, etc. Logan WoocLs has successfully combined ud~an convenie~:e with rural livin8 and I am told the proposed name changes are meant to be another step towards creatir~ an even ~rea~r sense of neighbodxxxt. It is one method the petitioners have put forward for carving; out an identity for the community, particularly since it is one of'the nicest in the area. Please let me know your thoughts on the proposed street name chad, es. I would tike yom' input as to whether you approve or disapprove the proposed cha~ges md I would apl~ec~ your ~"vising me ofany other concerns or suggestions you may have for your commuaity. Specific stre~ name suggestions are welcome as well. The issue is scheduled to come before the Board ofCoumy Commissiooe~ on October 28, 1997, so your prompt response is appreciated. I look forward to hearing from you soon. Thank you. Comdl.~ioner, District 3 TlC/cb LOGAN BLVD, NAME CHANGE LI~;T Sirs Golden Gate Import Export Inc. 6781 Sable Ridge Lane Naples, FL 34109 Mr. and Mrs. L. Darrell Addison 210 Logan Blvd. N. Naples, FL 34119 Mr. and Mrs. Timothy F. Alander 5245 5th Ave. N.W. Naples, FL 34119 Mx. and Mrs. Donald E. Alderman 4910 7th Ave. NW Naples, FL 34119 Mr. John Alspach 722 S. Washington Van West, OH 45891 Mr. and Mrs. Ronald L. Amburgy 5090 NW 7th Ave. Naples, FL 34119 Ms. Adrienne Amen 51 Hawkins Lane Brook Haven, NY 11719 Mr. and Mrs. David R. Ames 5281 Ist Ave. NW Naples, FL 34119 Mr. A. Eric Anderson 350 5th Ave. S., Ste. 200 Naples, FL 34102 Mr. and Mrs. Daryl E. Anderson 4681 Dorando Dr. Naples, FL 34103 Mr. and Mrs. Donald T. Anderson 5171 3rd Ave. ~ Naples, FL 34119 Mr. Eric A. Anderson 350 5th Ave. S., Ste. 200 Naples, FL 34102 Mr. Scott R. Andrews 5130 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Luis A. Antonacci 4930 7th Ave. NW Naples, FL 34119 Mr. and Mrs. Domonick J. Appezzato 5180 3rd Ave. NW Naples, FL 34119 Mr. Marlo Arcari 5770 10th Ave. NW Naples, FL 34119 Ma'. and Mrs. Kenneth R. Atldnson 5419 1 st Ave. NW Naples, FL 34119 Mr. and Mrs. Paul Bagley I 1796 N. 152 St. Jupiter, FL 33478 Mr. and Mrs. Lawrence G. Bailey 4881 1st Ave. NW Naples, FL 34~ 19 Mr. and Mrs. Jon Bainter 570 Logan Blvd. N. Naples, FL 34119 Mr. and Mrs. Scott P. Bardsley 80 N. Logan Blvd. Naples, FL 34119 Ms. Yolande N. Beckers 267 Silverado Dr. Naples, FL 34I 19 1203- Mr. and Mrs. David B. Beekner 5248 3rd Ave. NW Naples, FL 34119 Ms. Joan E. Beley 280 N. Logan Blvd. Naples, FL 34119 Mr. and Mrs. Ronald G. Bender 2660 66th St. SW Naples, FL 34105 Mr. and Mrs. Gilbert Benoist 7052 Mill Run Circle Naples, FL 34109 Mr. and Mrs. Ted Berggren 4880 7th Ave. NW Naples, FL 34119 Ma'. and Mrs. Matthew D. Berman 5361 3rd Ave. NW Naples, FL 34119 Ms. Ann M. Bertucci 15 Appleton St. Somerville, MA 02144 Mr. and Mrs. Walter J. Bieniek 5237 7th Ave. NW Naples, FL 34119 Ms. Carol Boslooper 5131 3rd Ave. NW Naples, FL 34119 Mr. Richard C. Bowman 5330 5th Ave. NW Naples, FL 34119 Ms. Terrylyrm Brimmer 5261 3rd Ave. NW Naples, FL 34119 Mr. John W. Brinkman 5238 7th Ave. NW Naples, FL 34119 Mr. Jeff M. Bronsdon PO Box 11278 Naples, FL 34101 Mr. and Mrs. Javier Campos 5404 5th Ave. NW Naples, FL 34119 Mr. and Mrs. Andimo K. Cangiano 19055 Middlebelt Livonia, MI 48152 Mr. and Mrs. Charles A. Cannady 5045 1st Ave. NW Naples, FL 34119 Ms. Sandra Carden 5281 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Marvin C. Cecil Jr. 5060 5th Ave. NW Naples, FL 34119 Ms. Celeste A. Cermeno 11121 N. Kendall Dr. #Al06 Miami, FL 33176 Mr. and Mrs. Aaton B. Cipri 5140 7th Ave. NW Naples, FL 34119 Mr. and Mrs. Robert A. Cleaver PO Box 24504 Ft. Lauderdale, FL 33307 Mr. and Mrs. Dayne E. Clemmer 7621 SW 169th St. Miami, FL 33157 Mr. and Mrs. David Lee Colp[tts 5345 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Roger L. Cooper 336 Live Oak Dr. Veto Beach, FL 32963 Ms. Lynn C. Craig 5020 5th Ave. NW Naples, FL 34119 Mr. and Mrs. Jeffrey C. Cresswell 5051 1 st Ave. NW Naples, FL 34119 Mr. and Mrs. Joseph Cdss III 4803 1st Ave. NW Naples, FL 34119 Mr. and Mrs. Joseph Criss III 4803 First Ave. NW Naples, FL 34119 Mr. and Mrs. Marvin Cdtes Rt. #1, 01 846, RT 15 Bryan, OH 43506 Mr. and Mrs. Alexander Crux 803 108th Ave. N. Naples, FL 34108 Mr. Jeffrey J. Curtis 5330 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Thomas J. Curtis 461 Logan Blvd. N. Naples, FL 34119 Mr. and Mrs. Joseph Czobor PO Box 4222 Wilmington, DE 19807 12C3-" Ms. Sandra Dalesio 5110 3rd Ave. NW Naples, FL 34119 Ms. Linda Giebelhouse De Luca 4920 7th Ave. NW Naples, FL 34119 Mr. and Mrs. Jeffrey D. DeCarlo 7930 SW 58th St. Miami, FL 33143 Ms. Margaret M. Dehler 5211 1st Ave. NW Naples, FL 34119 Ms. Nancy Marie Delp 5035 1st Ave. NW Naples, FL 34119 Mr. and Mrs. Norman J. Defy 60 10th St. N. Naples, FL 34119 Ms. Donna DeSanctis 510 Logan Blvd. N. Naples, FL 34119 Mr. and Mrs. Vincer John Di Giovanni RR#1 Byron, IL 61010 Mr. Alexander Diaczynsky Jr. 460 First Ave. S. Naples, FL 34102 Mr. Frank J. Difabbio Jr. I 18 Colonial Place New Rochelle, NY 10801 Ms. Michele C. Dirr 4960 3rd Ave. NW Naples, FL 34119 Ms. Carol Ann Dondorfer-Yontek 5090 3rd Ave. NW Naples, FL 34119 Ms. Eleanor M. Doss 770 N. Logan Blvd. Naples, FL 34119 Ms. Diana Dozier 509 ! 5th Ave. NW Naples, FL 34119 Ms. Michelle Drawdy 500 Logan Blvd. N. Naples, FL 34119 Mr. and Mrs. Alex J. Dupuy PO Box 9562 Naples, FL 34101 Mr. and Mrs. James Duvo 4585 Lakewood Blvd. Naples, FL 34112 Mr. and Mrs. Kotton Dwyer 4840 Ist Ave. NW Naples, FL 34119 Mr. and Mrs. Israel Eisenberg 24 1st Ave. Spotswood, NJ 08884 Mr. William H. Elett PO Box 575 Naples, FL 34101 Mr. Stanley Earl Emig 5050 1st Ave. NW Naples, FL 34119 Mr. and Mrs. Carl England Jr. 5311 5th Ave.NW Naples, FL 34119 Mr. and Mrs. Charles P. Erickson 5211 5th Ave. NW Naples, FL 34119 Ms. Ursula M. Ervin 4921 I st Ave. NW Naples, FL 34119 Mr. and Mrs. Duval Evans PO Box 856 Naples, FL 34101 Mr. and Mrs. Paul IL Evans 5060 7th Ave. NW Naples, FL 34119 Mr. and Mrs. Karl G. Faerber 2335 Tamiami Trail #505 Naples, FL 34112 Ms. Isabel Fagan 4971 5th Ave. Nw Naples, FL 34119 Mr. Thomas Fallucca Jr.' 6 School House Lane Tumersville, NJ 08012 Mr. Luis Figueredo Sr. 9003 SW 102nd PL. Miami, FL 33176 Ms. Dana E. Fischer 5350 1st Ave. NW Naples, FL 34119 Mr. and Mrs. Donald J. Fiscus 5230 1st Ave. NW Naples, FL 34119 Ms. Heidi Fleer 5281 7th Ave. NW Naples, FL 34119 Mr. Nicholas B. Ford 5111 3rd Ave. NW Naples, FL 34119 Il Illll ' Ms. Marjorie Fornshell 141 W. Central Camden, OH 45311 Ms. Mary Louise Fox PO Box 8837 Naples, FL 34101 Ms. Mary Louise Fox PO Box 8837 Naples, FL 34101 Mr. and Mrs. Timothy C. Fredeen 5181 3rd Ave. NW Naples, FL 34119 Ms. Doris R. Freidman 3822 N. Parkside Village Ter. Beverly Hills, FL 34465 Ma'. and Mrs. Russell W. Fricke 5231 1 st Ave. NW Naples, FL 34119 Mr. and Mrs. Steve Frostad 4930 3rd Ave. NW Naples, FL 34119 Mr. Robert Fulmer 5131 7th Ave. NW Naples, FL 34119 Mr. and Mrs. Joseph A. Funigiello 5423 1st Ave. N.W. Naples, FL 34119 Mr. and Mrs. Jerold F. Fuson 5370 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Thomas W. Oaffney 4911 3rd Ave. NW Naples, FL 34119 Ms. Lisa A. Garber 511 l 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Christine M. Oarlinger 17622 Conquistador Dr. Sun City West, AZ 85375-5116 Mr. and Mrs. Robert P. Gan'is 5110 1st Ave. NW Naples, FL 34119 Mr. Michael L. Garvin 4970 7th Ave. NW Naples, FL 34119 Mr. and Mrs. Gary Geiger 5390 7th Ave. NW Naples, FL 34119 Mr. Keith A. Geiman 701 93rd Ave. N. Naples, FL 34108 Mr. and Mrs. John Oiglio 1856 W. Galbraith Rd. Cincinnati, OH 45239 Ms. Debra D. Goldie 371 Warwick Place Naples, FL 34104 Mr. Douglas S. Oonering 2123 55th Terrace SW #3 Naples, FL 34116 Mr. and Mrs. Jenaro M. Gonzalez 681 East 40th St. Hialeah, FL 33013 Ms. Sandra ¥. Green 5081 5th Ave. NW Naples, FL 34119 Mr. and Mrs. Todd E. Grooms 5280 5th Ave. NW Naples, FL 34119 Mr. and Mrs. Carlos Guillen 5270 7th Ave. NW Naples, FL 34119 Mr. and Mrs. Tomy O. Guy 5160 5th Ave. NW Naples, FL 34119 Ms. Donna Marie Hall 2644 Fountain View Cir.//107 Naples, FL 34109 Mr. and Mrs. Daniel W. Haney 5160 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. H. L. Harkleroad 15642 Sunflower Ln. Huntington Beach, CA 92647 Ms. Cheryl Kipp Harris 5160 Ist Ave. NW Naples, FL 34119 Mr. Don Hartley 1310 Logan Blvd. Naples, Florida 34116 Mr. and Mrs. Patrick Healey 5361 5th Ave. NW Naples, FL 34119 Mr. and Mrs. Philip R. Henderson 170 Logan Blvd. Naples, FL 34119 Mr. and Mrs. Robert L. Hennlnger 5915 Prince George Dr. Springfield, VA 22152 Mr. and Mrs. George Herbst 1061 Logan Blvd. Naples, Florida 34116 Mr. Benito Hemandez 5061 5th Ave. NW Naples, FL 34119 Mr. and Mrs. Orestes Hemandez 680 # 32nd St. Hialeah, FL 33013 Mr. and Mrs. Griffith G. Herriman 5060 5th Ave. NW Naples, FL 341 I9 Mr. David J. Hill 5330 7th Ave. NW Naples, FL 34119 Mr. Edward J. Hill 5330 7th Ave. NW Naples, FL 34119 Mr. and Mrs. Barry F. Holes 9621 Cresent Lake Dr. #20 Naples, FL 34109 Mr. and Mrs. James M. Horan Jr. 5337 1st Ave. NW Naples, FL 34119 Ms. Joyce E. Horton 5075 1st Ave. NW Naples, FL 34119 Mr. and Mrs. Jesse S. Housman 6974 Seawolf Ct. Naples, FL 34112 Mr. and Mrs. Olgie Lee Houston 5790 10th Ave. SW Naples, FL 34119 Mr. and Mrs..tohn Hub I011 N. Main St. Naperville, IL 60563-2633 Ms. Lisa A. Hunter 4931 5th Ave. NW Naples, FL 34119 Mr. Larry T. Hurst 5125 1st Ave. NW Naples, FL 34119 Ms. J'une A. Hutton 5270 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Darvin 3ackson 5341 5th Ave. NW Naples, FL 34119 Mr. and Mrs. Evan Jackson 540 Logan Blvd. NW Naples, Florida 34119 Mr. and Mrs. James W. Jarbo 5043 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. James R. Johnson PO Box 51 Naples, FL 34101 Mr. and Mrs. George F. Kautz 4743 Independence Dr. Bradenton, FL 34102 Mr. and Mrs. Terry L. Kelly 4961 I st Ave. NW Naples, FL 34119 12C3- Mr. and Mrs. Scott Kerskie 4991 5th Ave. N.W. Naples, FL 34119 Mr. and Mrs. Peter J. Kinney 4881 5th Ave. NW Naples, FL 34119 Mr. Royle J. Kipp Sr. 5160 1 st Ave. NW Naples, Fl 34119 Ms. Giselle Kirton 4970 3rd Ave. NW Naples, FL 34119 Ms. Suzanne Kirton 4970 3rd Ave. SW Naples, FL 34119 Mr. and Mrs. Steven P. Kissell 5047 3rd Ave. NW Naples, FL 34119 Ms. Annette Kohlmus 5271 1st Ave. NW Naples, FL 341 I9 Mr. Denford A. Kratt 5260 3rd Ave. NW Naples, FL 34119 Mr. Raymond A. Kraft 5260 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Melvin D. Krolczyk 760 Gist Rd. Westminster, MD 21157-5723 Mr. and Mrs. Richard M. Kugel Jr. 136 Cypress Way E #2 Naples, FL 34110 Mr. and Mrs. Richard D. Kuhns 5131 5th Ave. NW Naples, FL 34119 Mr. Edward J. Kumik 5090 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Gerald N. Kurtz 4860 7th Ave. NW Naples, FL 34119 Ms. Sylvia Lagace 5120 5th Ave. NW Naples, FL 34119 Mr. and Mrs. Robert Langbauer 5240 I st Ave. NW Naples, FL 34119 Mr. and Mrs. Todd W. Lausterer 5334 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. William R. Leather 35 Collettes Grove Rd. Derry, NH 03038 Mr. and Mrs. Robert S. Leben 5010 3rd Ave. NW Naples, FL 34119 Mr. Joseph J. Leiti 5310 Ist Ave. NW Naples, FL 34119 Mr. Robert W. Leiti 5310 1st Ave. NW Naples, FL 34119 Mr. and Mrs. Michael J. Lewis 4820 1 st Ave. NW Naples, FL 34119 Mr. and Mrs. William tL Lindsay 1555 Mullet Ln. Naples, FL 34102 Mr. and Mrs. Kurke Lindsey 5270 8th Avenue SW Naples, Florida 34119 Mr. and Mrs..~oaquin Llano 9950 SW 42nd St. Miami, FL 33165 Mr. and Mrs. Mirth B. Lu 4931 1 st Ave. NW Naples, FL 34119 Ms. Timothy Lux 4960 3rd Ave. NW Naples, FL 34119 Mr. Timothy IL Lux 4960 3rd Avenue NW Naples, Florida 34119 Ms. Wanda O. Lyles 710 Logan Blvd. N. Naples, FL 34119 Mr. and Mrs. David $. Macalister 4910 Ist Ave. NW Naples, FL 34119 Ms. Michelle D. Mace 4861 5th Ave. NW Naples, FL 34119 Mr. and Mrs. GIerm M. Macon 5121 3 rd Ave. NW Naples, FL 34119 Mr. and Mrs. John J. Mahoney PO Box 100 High St. Milmay, NJ 08340 G, Mr. and Mrs. Robert A. Maine 70 Logan Blvd. N. Naples, FL 34119 Mr. Vincent Mansell 730 S. Logan Blvd. Naples, Florida 34119 Ms. Linda Maran 4910 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Lawrence Marcelli 5252 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Felix Martincic 775 E 254th St. Euclid, OH 44132 Mr. Mark M. McCabe 5190 1 st Ave. NW Naples, FL 34119 Mr. Michael T. McDonald 5130 3 rd Ave. NW Naples, FL 34119 Mrs. Nancy McGinni~ 5960 22nd Avenue SW Naples, Florida 34119 Ms. Elsie M. McIntosh 5091 1 st Ave. NW Naples, FL 34119 Ms. Vicki L. McKixmey 5140 1st Ave. NW Naples, FL 34119 Mr. and Mrs. Ronald H. Mci(new 4930 5th Ave. NW Naples, FL 34119 Mr. and Mrs. Russell D. McMullen 5230 7th Ave. NW Naples, FL 34119 Mr. Michael R. Mergen 5136 7th Ave. NW Naples, FL 34119 Mr. and Mrs. William J. Messinger 14914 S Kedvale Midlothian, IL 60445 Mr. and Mrs. Richard E. Methe 4588 Shearwater Lane Naples, FL 34119 Ms. Taxi S. Met. her 5440 1st Ave. N.W. Naples, FL 34119 Ms. Rose L. Michelson 12 Woodstock St. Hartford, CT 06112 Mr. and Mrs. John J. Micidos Jr. 5140 3rd Ave. NW Naples, FL 34119 Ms. Patricia R. Mikelson 5440 Ist Ave. NW Naples, FL 34119 Mr. and Mrs. John Mikulic 5335 1st Ave. NW Naples, FL 34119 Mr. and Mrs. Carlos E. Millan 5131 Ist Ave. NW Naples, FL 34119 Mr. Robert Miller 5385 4th Avenue SW Naples, Florida 34119 Mr. Fred E. Mills 555 South Kelsey Ave. Evansville, IN 47714 Mr. and Mrs. John W. Mills 327 Waverley Ave. Royal Oak, I~H 48067 Mr. and Mrs. John D. Mine 77 Bywood Islington, Ontario, Canada M9A I M2 Mr. and Mrs. Victor Miner 5080 7th Ave. NW Naples, FL 34119 Mr. and Mrs. Harry R. Moeller 1842 Linneman Rd. Cincinnati, OH 45238 Ms. Nancy M. Molloy 701 93rd Ave. N. Naples, FL 34108 Mr. and Mrs. Alan G. Molter 5256 5th Ave. NW Naples, FL 34119 Ms. Marie Montz 437 SW 19th St. Cape Coral, FL 33991 Mr. Todd R. Mowry 5120 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Dwight Nadeau 5041 2nd Avenuw SW Naples, Florida 34119 Mr. and Mrs. Dwight Nadeau 5041 2nd Avenue SW Naples, Florida 34119 1 2 Mr. and Mrs. David M. Nalefsld 5024 5th Ave. NW Naples, FL 34119 Mr. Jonathan Mark Nash 500 Logan Blvd. N. Naples, FL 34119 Mr. and Mrs. Clifford R. Nelson 264 Burning Tree Dr. Naples, FL 34105 Mr. and Mrs. Dennis K. Newman 4975 5th Ave. NW Naples, FL 34119 Mr. and Mrs. Robert M. Norona 9501 SW 82nd Ave. Miami, FL 33156 Mr. John E. Norris 7423 West Madison Forest Park, IL 30130 Mr. and Mrs..lames P. O'Connor 5181 1st Ave. NW Naples, FL 34119 Mr. Stephen O'Connor 220 N. Logan Blvd. Naples, FL 34119 Mr. and Mrs. Michael W. O~Neill 2922 Kevin Lane Houston, TX 77043 Ms. Shawneen O'Neill 5131 7th Ave. NW Naples, FL 34119 Mr. and Mrs. Jayson Oreschnick 5132 7th Ave. N Naples, FL 34119 Mr. George H. Ortegon 4971 5th Ave. NW Naples, FL 34119 Mr. Norbert Oswald 1095 Continental Ave. Melbourne, FL 32940 Mr. and Mrs. Lawrence 1. O'roole 5170 3 rd Ave. NW Naples, FL 34119 Mr. Edward Paleiske 5371 6th Avenue SW Naples, Florida 34119 Mr. Gary IL Papas 40 S. Main St. Shrewsbury, PA 17361-1523 Mr. and Mrs. Eric C. Pate 5258 5th Ave. N.W. Naples, FL 34119 Mr. and Mrs. Alberto Patino 5221 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Ray Patterson 480 N. Logan Blvd. Naples, FL 34119 Mr. and Mrs. Ray Patterson 480 N. Logan Blvd. Naples, FL 34119 Mr. and Mrs. Lynn J. Pattyson 590 Logan Blvd. Naples, FL 34119 Mr. and Mrs. Mark M. Perry 2734 Fountain View Cir. #10g Naples, FL 34109 Ms. Margit Petri 1688 West Ave. #1201 Miami Beach, FL 33139 Mr. and Mrs. Richard C. Petrik 5247 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. John Pfeiffer 2018 Stapleton Ct. Cincinnati, OH 45240 Ms. Nancy Phillips 4891 3rd Ave. NW Naples, FL 34119 Ms. Juanita M. Posada PO Box 10656 Naples, FL 34101 Ms. Kathryn J. Postelle 5770 10th Ave. NW Naples, FL 34119 Mr. Douglas Potter Jr. 5060 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Arthur J. Prewitt 5161 lstAve. NW Naples, FL 34119 Ms. Deborah M. Pritchard PO Box 990028 Naples, FL 34101 Mr. Terry W. Pritchard PO Box 990028 Naples, FL 34101 Mr. and Mrs. Jeff Provep?ano 1281 Logan Blvd. Naples, FIorida 34116 Mr. and Mrs. Larry 5231 5th Ave. NW Naples, FL 34119 Rigley Ms. Irene Pit'ten.house 06353 Evans.port Rd. Rt. I Defiance, OH 43512 Ms. Lynn B. Rittemhouse' RT 1,06350 Evansport Rd. Defiance, OH 43512 Mr. and Mrs. Steven E. Ritter PO Box 10622 Naples, FL 34101 Mr. and Mrs. James E. Rivard 5121 1st Ave. NW Naples, FL 34119 Mr. Glenn A. Roark PO Box 7766 Naples, FL 34101 Mr. Greg S. Roark 5081 3rd Ave. NW Naples, FL 34119 Mr. James E. Roberts Sr. 437 SW 19th St. Cape Coral, FL 33991 Mr. Denis A. Rocchio P. O. Box 716 Mamaroneck, NY 10543 Mr. and Mrs. Manuel A. Rodriguez 319 Pirates Bight Naples, FL 34103 Mr. Thomas Rodriguez Jr. 140 NW Logan Blvd. Naples, FL 34119 1 Mr. and Mrs. John Rosenberg 721 Logan Blvd. S. Naples, Florida 34119 Mr. and Mrs. Carlos H. Roubicek PO Box 1268 Marco Island, FL 34146 Mr. Anthony M. Rubino 5031 5th Ave. NW Naples, FL 34119 Mr. and Mrs. Thomas N. Rusch 2760 Westmoore Rd. Oshkosh, WI 54904 Ms. Nancy A. Sabatini 5080 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Pedro J. Sanabria 69 Cobbleston Dr. Groton, CT 06340 Mr. and Mrs. Ronald Schindler 989 Hidden Te,ace Naples, FL 34104 Mr. Karl M. Scholnick 116 Cypress Way E. #G-4 Naples, FL 34110 Mr. and Mrs. Stephen A. Seidler 5191 1st Ave. NW Naples, FL 34119 Mr. Walter tL Sellers 9041 Floyd Rd. Jonesboro, GA 30236 Mr. and Mrs. Richard J. Shackleton 6473 Conning Tower Cir. A-2 Naples, FL 34112 1203-G Mr. and Mrs. Samir Shafei 5711 West Century Blvd. Los Angeles, CA 90045 Mr. Ziad Shahla 5281 7th Ave. NW Naples, FL 34119 Mr. Thomas E. Shankie 43805 Arlington Canton, MI 48187 Mr. and Mrs. Aaron N. Shepherd 5388 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Ramesh D. Sheth 224 Cambridge Dr. Geneva, IL 60134 Mr. and Mrs. George F. Shipley 4470 Bartholomew Rd. Sykesville, MD 21784 Mr. John H. Shober 538 S 18th St. Reading, PA 19606 Mr. and Mrs. George L. Singer 5339 Ist Ave. NW Naples, FL 34119 Mr. and Mrs. Paul L. Skogsberg 2902 Ambergate Winter Park, FL 32792 Mr. and Mrs. David James Smith 6660 Ilex Cir. #5-A Naples, FL 34109 Mr. and Mrs. David Smith 410 Logan Blvd. N. Naples, Florida 34119 Ms. Mary B. Smith 1125 Logan Blvd. Naples, Florida 34116 Mr. and Mrs. Franklin tL Smith Jr. 5099 I st Ave. NW Naples, FL 34119 Mr. Alda M. Sola 5158 5th Ave. NW Naples, FL 34119 Ms. Sewell Solock 129 S. Keystone Ave. Sayre, PA 18840 Mr. Randale N. Sparks 5360 7th Ave. NW Naples, FL 34119 Ms. Margie S. Speicher 408 Penwood Rd. Silver Spring, MD 20901 Mr. Jim Spounias 5237 2nd Avenue SW Naples, Florida 34119 Mr. and Mis. Sam Spounias 5231 2nd Avenue SW Naples, Florida 34119 Mr. and Mrs. Brian Stafford 1310 Jeronimo Dr. Naples, FL 34103 Ms. Eileen C. St Amour 1548 Center St. #A-1 Munising, MI 49862 Mr. Adam Stevens 5120 5th Ave. NW Naples, FL 34119 Mr./ames W. Thurner 5191 3rd Ave. NW Naples, FL 34119 Mr. Ronald L. Tinsley 5440 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Thomas A. Torrella 790 Logan Blvd. Naples, FL 34119 Mr. and Mrs. Rene B. Torriente 5141 3rd Ave. NW Naples, FL 34119 Mr. and Mrs. Thomas Torrisi 4870 5th Ave. NW Naples, FL 34112 Mr. and Mrs. Salvatore Tortora 428 Welchs Point Rd. Milford, CT 06460 Ms. Anna Mae Tosko 8449 Doll Ave. Garfield Heights, OH 44125 Mr. and Mrs. Gerald Tozzi 5380 Ist Ave. NW Naples, FL 34119 Mr. and Mrs. George A. Trapp 5343 1st Ave. NW Naples, FL 34119 Mr. and Mrs. George A. Trapp 5343 1st Ave. NW Naples, FL 34119 Mr. and Mrs. William tL Trembath 4921 5th Ave. NW Naples, FL 34119 Mr. and Mrs, Leo H. Trot'tier 551 Staples St. East Taunton, MA 02718 Ms. Sherry L. Turnpaugh 952 South 400 W Russiaville, IN 46979 Mr. and Mrs. Robert F. Tuttle 2199 Pebble Beach Dr. Spring Hill, FL 34606 Mr. and Mrs. Arthur A. Ulrich 5097 Ist Ave. NW Naples, FL 34119 Mr. and Mrs. Valentin D. Valdez 4980 3rd Ave. NW Naples, FL 34119 Ms. Carol Valentine 5237 2nd Avenue SW Naples, Florida 34119 Mr. and Mrs. Oscar Velez 150 Logan Blvd. N. Naples, FL 34119 Mr. and Mrs. Alexander Velopulos 5340 7th Ave. NW Naples, FL 34119 Mr. and Mrs. Louis T. Venturini 1521 Independence Ave. Brooklyn, NY 11228 Ms. Evelyn Vichot 853 105th Ave. N. Naples, FL 34108 bis. Ronney R. Virgillito 410 SE 2nd St. #225 Hallandale, FL 33009 Mr. Kenneth G. Waugh Box 1332 APO Miami, FL 34002 Mr. and Mrs. Norwood W. Weiss 22365 Natasha Lane South Lyon, MI 48178 Mr. and Mrs. Larry M. Williams 260 Logan Blvd. Naples, FL 34119 Mr. Thomas R. Williams 6900 Airport Rd. Naples, FL 34109 Dr. Jack Wingate 5511 Bdan Circle Hinesville, GA 31313 Mr. and Mrs. John L. Wingate 558 Briar Circle Hinesville, GA 31313-3300 Ms. Diane A. WoodnnT 5240 7th Ave. NW Naples, FL 34119 Mr. David T. Woods 1117 Shady Rest Ln. Naples, FL 34103 Mr. Robert Worrell 514 Bailey Ave. Greenport, NY 11944 Ms. Jennifer Edwa.,ds Zito 231 Pleasant Grove Rd. Long Valley, NJ 07853 LOGAN BLVl), NAME CHANGE LIST Boston Safe Deposit & Trust One Boston Place Boston, MA 02108 The Lee County Jewish Fed., Inc. 6237 Presidential Ct., Ste E Fort Myers, FL 33919 Mr. James P. Albough 5560 6th Ave SW Naples, FL 34119 Mr. Vittorio Alessio 7776 Tara Ct Naples, FL 34104 Ms. Adrienne Amen 51 Hawkins Ln Brook Haven, NY 11719 Mr. & Mrs. David Applebaum 5230 2nd Ave SW Naples, FL 34119 Mr. & Mrs. John T. Augustyn 5111 6th Ave SW Naples, FL 34119 Mr. & Mrs. J'ames Aveno$o 5461 6th Ave SW Naples, FL 34119 Mr. & Mrs. John F. Baili¢ 141 Logan Blvd Naples, FL 34119 Ms. Angeline L. Baldwin 5401 2nd Ave. SW Naples, FL 34119 Ms. Margaret Batcher 5461 6th Ave SW Naples, FL 34I 19 Mr. & Ntrs. Peter J'. Baxter 5320 4th Ave SW Naples, FL 34119 Mr. & Mrs. Thomas L. Bell 1527 Happola Ln Naples, FL 34105 Mr. & Mrs. Timothy L. Bell 5312 4th Ave SW Naples, FL 34119 Mr. & ~Mrs. Roger Bergmann 5310 6th Ave SW Naples, FL 34119 Ms. Juliet E. Bowman 4583 31st Ave SW Naples, FL 34116 Mr. Matthew D. Berman 2000 Pine Ridge Rd, #2059 Naples, FL 34109 Ms. Alessandra Bertolu~4 710 Logan Blvd S Naples, FL 34119 Mr. & Mrs. Gene Bertolu~'~4 710 Logan Blvd S Naples, FL 34119 Ms. Mildred B. Boles 125 W. Greet Ln Tucson, AZ 85704 Mr. & Mrs. Dean A. Bos 5731 26th Ave SW Naples, FL 34116 Mr. & ,Mrs. Donald E. Boultbee 4820 6th Ave SW Naples, FL 34119 Mr. & Mrs. Michael E. Boyd 5340 6th Ave SW Naples, FL 34119 Mrs. & Mrs. Michael S. Bradley 5180 4th Ave SW Naples, FL 34119 Ms. Darlene Brian 5179 8th Ave Sw Naples, FL 34119 Mr. Anthony W. Brisson 3106 Seasons Way F. stero, FL 33928 Mr. & ,Mrs. Ronald B. Brock 5455 6th Ave SW Naples, FL 34119 Mr. & Mrs. Michael S. Brower 5090 6th Ave SW Naples, FL 34119 Mr. & Mrs. Keith Brown P.O. Box 413005 Naples, FL 34101 Mr. Michael Bugnell 5090 4th Ave SW Naples, FL 34119 Ms. Barbara M. Burchill 5271 2nd Ave SW Naples, FL 34119 Mr. & Mrs. Ted Burkhardt 4961 6th Ave SW Naples, FL 34119 Mr. & Mrs. David B. Bums 5305 6th Ave SW Naples, FL 34119 Mr. & Mrs. Richard E. Cahoon 5181 4th Ave SW Naples, FL 34119 Mr. & Mrs. James L. Carlton 5281 8th Ave SW Naples, FL 34119 ~Mr. & Mrs. Richard E. Carpenter 5370 5th Ave SW Naples, FL 34119 Mr. & Mrs. J. E. Carroll 1306 12th Ave N Naples, FL 34102 Ms. Deanna G. Cash 1146 20th St. Manhatten Beach, CA 90266 Mr. & Mrs. William Cavin 4214 3 Ist PISW Naples, FL 34116 Mr. & Mrs. Frank D. Champe 5330 2nd Ave SW Naples, FL 34119 Ms. Pauline M. Christie 2706 Scarlet Sunset Ct. Sugar Land, TX 77478 Mr. & Mrs. Jame~ P.O. Box 10023 Naples, FL 34101 Ciano Mr. & Mrs. Same~ F. Ciano 5341 6th Ave SW Naples, FL 34119 Mr. & Mrs. Heney 4890 2nd Ave SW Naples, FL 34119 C. Clemmensen Mr. & Mrs. John 490 Logan Blvd Naples, Fl 34119 Close Mr. & ,Mrs. Joseph R.. Colosimo 27477 Pelican Ridge Cir Bonita Springs, FL 34135 Mr. Charles T. Cormor 540 10th Ave S Naples, FL 34102 Ms. Jacqueline R. Conrecode 4921 4th Ave SW Naples, FL 34119 Ms. Joyce L. Cordell 5291 2nd Ave SW Naples, FL 34119 Mr. & Mrs. Mark H. Creel 5175 8th Ave SW Naples, FL 34119 Mr. 8: Mrs. Gerald A. Crowley 5231 4th Ave SW Naples, FL 34I 19 Mr. Homer C. Crumley 341 Kathy Lane Margate, FL 33068 Mr. & Mrs. Frank R. D'Agostino 5440 4th Ave SW Naples, FL 34119 Mr. Marvin D. Danford 5191 2nd Ave SW Naples, FL 34119 Mr. & Mrs. Ronald J. Davis 5061 2nd Ave SW Naples, FL 34119 Ms. Margaret C. Dean 410 Logan Blvd S Naples, FL 34119 Mr. & Mrs. Pasquale DeCesare 5331 2nd Ave SW Naples, FL 34119 Ms. Ida Dilonardo 605 F2 Grove St, Williamsburg South Clifton, NJ 07013 Mr. Robert A. Dimodica 5111 4th Ave SW Naples, FL 34119 Ms. Nancy .l. Dixon 6960 Sable Ridge Ln Naples, FL 34109 Ms. Shelly L. Dixon 6960 Sable Ridge La Naples, Fl 34109 Mr. Travis F. Doering 5010 4th Ave SW Naples, FL 34119 Mr. & Mrs. David A. Donaldson 4980 6th Ave SW Naples, FL 34119 Mr. Robert L. Duanc 4880 6th Ave SW Naples, FL 34119 Mr. & Mrs. James F. Ebert 4860 6th Ave SW Naples, FL 34119 Mr. & Mrs. Jon Ebert 5270 6th Ave SW Naples, FL 34119 Mr. & Mrs. Ralph E. Eckhardt 4186 Berrybush Dr. Gahanna, OH 43230 Ms. Marjorie A. Ekman 5140 2nd Ave SW Naples, FL 34119 Mr. & Mrs. Gerald Enerfeld 13020 SW 69th Ct Miami Beach, FL 33156 Mr. & Mrs. Thomas E. Euler 4875 6t Ave SW Naples, FL 34119 Ms. Barbara Faber 4980 2nd Ave SW Naples, FL 34119 Mr. & Mrs. Herbert A. Faulkner 5230 6th Ave SW Naples, FL 34119 Mr. Douglas F. Feeney 5360 2nd Ave SW Naples, FL 34119 Mr. & Mrs. Edward Ferguson 5380 6th Ave SW Naples, FL 34119 Mr. & Mrs. Robert R. Finn 4941 4th Ave SW Naples, FL 34119 Mr. & Mrs. D. E. Fo~ller 4921 6th Ave SW Naples, FL 34119 Ms. Jeannette L. Foresman 672 92nd Ave N Naples, FL 34108 Mr. & Mrs. William F. Foresman 1040 6th Ave N Naples, FL 34119 1 2C3-' Mu'. & Mrs. James E. Frectrickson 5235 8th St SW Naples, FL 34119 Mr. & Mrs. William Fmecht 4265 19th St SW Naples, FL 34119 Mr. & Mrs. Joseph A. Funig;,ello 5423 1 st Ave NW Naples, FL 34119 Mr. & Mrs. Todd O. Fyke 5260 2nd Ave SW Naples, FL 34199 Mr. & Mrs. William K. Gallman 4940 6th Ave SW Naples, FL 34119 Mr. & Mrs. Andrew H. Gambaccini 510 Logan Blvd Naples, FL 34119 Mr. & Mrs. Jeffrey J. Gaxbe 5280 2nd Ave SW Naples, FL 34119 Mr. Richard Gardiner 4980 2nd Ave SW Naples, FL 34119 Mr. & Mrs. Ray Glist 4821 2nd Ave Sw Naples, FL 34119 Mr. & Mrs. Scott Gonder 5400 2nd Ave SW Naples, FL 34119 Mr. 8: Mrs..~ames T. Goodard 6600 Ilex Cir. Naples, FL 34109 Ms. Valerie/vi. GHmm 5310 4th Ave SW Naples, FL 34119 Ms. Linch D. Gustafson 4870 4th Ave SW Naples, FL 34119 Mr. & Mm. Richard tL Gyorkos P.O. Box 3126 Naples, FL 34101 Ms. Clara L. Hagarty 7910 SW 15thSt Miami, FL 33144 Mr. & Mm. Thomas D. Heller 52315 Tr 104 Cumk~l~d, OH 43732 Mr. Nathan Hir~hom 2020 42nd St Sw Naples, FL 34116 Mr. & Mrs. James E. Hirst P.O. Box 1042 Naples, FL 34101 Mr. Edward M. Holley 5330 4th Ave SW Naples, FL 34119 Mr. 8: Mrs. Serald C. Holman 18 Pond Dr. Rocky River, OH 44116 Mr. Gary L. Janeil 5361 8th Ave SW Naples, FL 34119 12C3- Ms. Claire Jessup 5400 6th Ave SW Naples, FL 34119 Mr. Grady Johnson 420 Logan Blvd Naples, FL 34119 Mr. Judith Junkroski 5391 6th Ave SW Naples, FL 34119 Mr. John M. Kelly 4845 8th Ave SW Naples, FL 34119 Mr. & ,Mrs. Kendall S. Kelly 5389 4th Ave SW Naples, FL 34119 Ms. Nancy S. Kelly 401LoganBlvd Naples, FL 34119 Ms. Dorlores T. Knab 3658 Chesterfield Rd Philadelphia, PA 19114 Mr. Robert E. Knudson P.O. Bo.x 212 Bonita Springs, FL 33959 Mr. & Mrs. ~ Koch 481 S. Logan Blvd Naples, FL 34119 Mr. & Mrs. Brian A. Kocse. s 5080 8th Ave SW Naples, FL 34119 Mr. Leon Koprovaki 5211 Harvard Ave Cleveland, OH 44105 ,Mr. Barry J. Kotek 5081 6th Ave SW Naples, FL 34119 Mr. & M. rs. Walter 5081 4th Ave SW Naples, FL 34119 L. Kyner Mr. & Mrs. Kent J. 5131 &hAve SW Naples, FL 34119 LeBailly Mr. & Mrs. Scott S. Leifi 5261 4th Ave SW Naples, FL 34119 Mr. & Mrs. Gordon G. Lewis 5098 2nd Ave SW Naples, FL 34119 Mr. & Mrs. Salvatore LoGalbo 5111 8th Ave SW Naples, FL 34119 Mrs. & Mrs. Crary D. Lytton 4971 8th Ave SW Naples, FL 34119 Mr. & Mrs. Mark W. Magnan 5077 6th Ave SW Naples, FL 34119 Mr. & Mrs. Vincent R. Manz~lli 730 Logan Blvd S Naples, FL 34119 Mr. & Mrs. David E. Markovich 5081 2nd Ave SW Naples, FL 34119 Mr. & Mrs. Paul A. Mathies 4282 Mohawk PI Naples, FL 34112 1 2 Ms. Peggy Maurer 2740 W. Sherwin Chicago, IL 60645 Mr. Thomas J. Mawn 3915 Versailles Dr. Tampa, FL 33634 Mr. & Mrs. Michael H. Maxwell 4871 6th Ave SW Naples, FL 34119 Mr. & Mrs. Dougall E. McCorkle 4961 4th Ave SW Naples, FL 34119 Mr. & Mrs. Harvey D. McCormick 5455 8th Ave. SW Naples, FL 34119 Mr. & Mrs. Ellsworth D. M¢Intyr~ 5060 5th Ave SW Naples, FL 34119 Mr. Stephen A. Means 250 Timber Lake Ckir. #201 Naples, FL 34104 Mr. & Mrs. Raymond C. Melvin 5470 6th Av~ SW Naples, FL 34119 Mr. & Mrs. WHliam E. Meyers 5381 8th Ave SW Naplcs, FL 34119 Mrs. & Mrs. Warren S. Milkx 4960 6th Ave SW Naples, FL 34119 Mr. & Mrs. James A. Morande 5385 4th Ave SW Naples, FL 34119 Mr. & ,Mrs. J'ohn H. Mullens 4820 2nd Ave SW Naples, FL 34119 Mu-. & Mrs. David R. Nelson 4560 Ist Ave SW Naples, FL 34119 Mr. & Mrs. Edwin W. Noermich 1541 Sol)em Ave Coral Gables, FL 33134 Mr. & ,Mrs. Henry S. Norona 5205 gth Ave SW Naples, FL 34119 Mr. 8: Mrs. Tyler C. Norton 5300 6th Ave SW Naples, FL 34119 Mr. 8: Mrs. Larry D. Osborne 5061 8th Ave SW Naples, FL 34119 Mr. Charles M. Page 225 Logan Blvd Naples, FL 34119 Mr. & Mrs. Edward .I. Palcisko 5371 6th Ave SW Naples, FL 34119 Mr. & Mrs. Roney L. Patterson 5051 4th Ave SW Naples, FL 34119 Ms. Cynthia W. Perry 5040 6th Ave SW Naples, FL 34119 Ms. Daphne Pfaff 225 Logan Blvd Naples, FL 34119 1203,' Mr. 8: Mrs. $ohn W. Poldemba 5253 8th Ave SW Naples, FL 34119 Mr. & ,Mrs. James O. Powell 5141 4th Ave SW Naples, FL 34119 Mr. Scott Pritchard 4861 12th Ave SW Naples, FL 34119 Mr. 8: Mrs. Walfi-ido S. Proenza 811 Elizabeth Ave Elizabeth, N3 07202 Ms. Marion C. Putman 2595 Win.iff-ed Ave Naples, FL 34112 Mr. 8: Mrs. Nathan Putney 675 Logan Bird SW Naples, FL 34119 Mr. & Mrs. Bradley L. Rapp 5301 6th Ave SW Naples, FL 34I 19 Mr. & Mrs. Carl A. Rauen 8730 140th St N Seminole, FL 34646 Ms. Nancy L. Reed 5100 2nd Ave SW' Naples, FL 34119 Mr. & Mrs. J'tmior C. R~ 5415 4th Ave SW' Naples, FL 34119 Ms. 3acqueline Reich 5075 6th Ave Naples, FL 34119 Ms. $o Ann Remington 4931 8th Ave SW Naples, FL 34119 Mr. & Mrs. George O. Risher 5120 4th Ave SW Naples. FL 34119 Mr. & ,Mrs. Angel R. Rodriguez 5581 Joe Wilson Rd Midlothian, TX 76065 Ms. Leona C. Rohxkaste 5560 6th Ave SW Naples, FL 34119 Mr. Mark V. Ruby 4910 4th Ave SW Naples, FL 34119 Mr. & Mrs. Thomas W. Sanderlin 261 S. Logan Blvd Naples, FL 34I 19 Mr. & Mrs. Don Santini 5250 6th Ave SW Naples, FL 34119 Mr. & Mrs. John A. Savoreika 3204 Tara Lawn Ct Tampa, FL 33618 Mr. & iVlxs. George C. Schmelzle 4811 8th Ave SW Naples, FL 34119 Mr. & Mrs. Herberto $chultz 5530 4th Ave SW Naple~, FL 34119 Ms. Nan H. Seeba 5311 4th Ave SW Naples, FL 34I 19 M.r. & ~V~-s. Ronald Selvia 325 Lo,an Blvd Naples, FL 34119 Mr. Ziad Shah.la 5281 7th Ave NW Naples, FL 34119 Mr. & ,Mrs. Arthur L. Sheldon 655 Logan Blvd Naples, FL 34119 Ms. Sheila A. Sheridan 5210 2nd Ave SW Naples, FL 34119 Mr. & Mrs. Robert E. Shevlin 5094 2nd Ave SW Naples, FL 34119 Mr. Thomas N. Short 5625 8th Ave. SW Naples, FL 34119 Mr. Stanley M. Simmer 4931 6th Ave SW Naples, FL 34119 Mr. & Mrs. Dale A. Slabaugh 5070 6th Ave SW Naples, FL 34119 Mr. & Mrs. Robert M. Smith 5511 Hardee St Naples, FL 34113 Mr. & Mrs. Walter W. Smith 4910 4th Ave SW Naples, FL 34119 Mr. & Mrs. Edwin M. Sneed 5015 2nd Ave SW Naples, FL 34119 Mr. & Mrs. James E. Snyder 5015 8th Ave SW Naples, FL 34119 Mr. & ,Mrs. Ronald L. Spears 4871 4th Ave SW Naples, FL 34119 Mr. 8: ,Mas. William SteLzer 301 N. Airport Rd Naples, FL 34104 Mr. & M. rs. Gary L. Stevens 3 Ester Street Naples, FL 34104 Ms. Carolina L. Steves 80 Logaa Blvd S. Naples, FL 34119 Mr. & Mrs. Roy B. Sma 5090 2nd Ave SW Naples, FL 34119 Mr. & 1Va. s. Thomas Surette 5070 4th Ave SW Naples, FL 34119 Mr. & Mrs. Michael Tagg 5261 8th Ave SW Naples, FL 34119 Mr. & Mrs. Patrick E. Talbott 5471 8th Ave SW Naples, FL 34119 Ms. Carlenc A. Thissen 5081 6th Ave SW Naples, FL 34119 Mr. & Mrs. Gary tL Thorsen 5230 4th Ave SW Naples, FL 34119 Mr. & ,Mrs. Christopher I. Tracy 4544 401 Ave SW Naples, FL 34119 Mr. & Mrs. Richard Turner 2735 6601 St SW Naples, Fl 34105 Mr. & ,Mrs. Howard Urbach 7672 Ponte Verde Way Naples, FL 34109 Mr. Laurens Van Troostenburg 2740 W. Sherwin Chicago, IL 60645 Mr. Joseph Velasco 8818 Hawthorne Ave Surfside, FL 33154 Mr. & Mrs. Frank $. Vitiello 567 95th Ave N Naples, FL 34108 Mr. Douglas M. Voss 405 Logan Blvd Naples, FL 34119 Mr. Danny L. Wagner 5291 2nd Ave SW Naples, FL 34119 Mr. & Mrs. John M. Wall 5380 5th Ave SW Napl~.-'q, Fl 34119 Mr. & Mrs. Hal S. Ward 374 Logan Blvd Naples, FL 34119 Mr. & Mrs. W'flliam J. Ward 4855 6th Ave SW Naples, FL 34119 Mr. & Mxs. Richard R. Weaver 5360 6th Ave SW Naples, FL 34119 Mr. David M. Webb 5220 6th Ave SW Naples, FL 34119 Mr. & Mxs. James M. Webb 601 Logan Blvd Naples, FL 34119 Mr. David T. Webster 5092 2nd Ave SW Naples, FL 34119 Mr. Wayne WiLldason 4911 8th Ave SW Naples, FL 34119 Ms. Sally Woliver 5370 6th Ave SW Naples, FL 34119 Mr. & Mrs. Russell J. Wright 500 Logan Bird S Naples, FL 34119 Mr. Thomas M. Wyna 5401 6th Ave SW Naples, FL 34119 'nn~thy L ~ ~ Distrk:t 2 D~trk~ 3 Disai~ 4 Bad:~r~ B. Be'iT D~strk:~ 5 3301 East Tamiami Trail * Nal:des, ~a 34112-4977 (941) 774-8097 · Fax (941) 774-3602 October 22. 1997 12C -( Mr. Stanley E. Emig 5050 Ist Ave. NW Naples, FL 34119 Dear Mr. Emig: Thank you very much for your recent letter on the topic ofstreet name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28" is the date for the public forum. I will make sure that your letter and all others I receive are a part ofth¢ Public Record. Again, thank you and ifI may be of further assistanee~'~ to contact me. don't hesitate Commi~i/Jner, District 3 TJC:vgr Oct. 28 1997 E)E):4E)~o/,1 P1 5060 8th Ave S.W. Naples, FL 34119 Fa Date: ~l~gq 7 Number of Pages: Remarks: / ~b c~ ~,~9~s 7-o 73~ ~ 7~m- ~a~.e Phone: 941-353-$229 or 941-353-7729 Pager: 941-566-5566 Rick 941-566-5334 Chris E-mail: Richa rdp~coldweilbanker, com Oct. L:~ 199? E~I:41~PI PI 5060 8th Ave S.W. Naples, FL 34119 Date: ?~q7 To: ~3~c/~~7-?m From: '/~e~~/~nd~ Number of Pages: Remarks: Phone. 941-353-5229 or 941-353-7729 Pager: 941-566-5566 Rick 941-566-5334 Chris E-mail: Richa rdp(~coldweLlbanker, com ~ :. RICK [ O-RIS ~ PHONE NO. : 3S3 5229 Oct. 26 1997 eG:4E~rl P2 Organization OF. u~J...pj72_ Follow,.up ~ ./.~ Phone - Bus. -- , Home 353 52L:X~ Oct. 20 lc~7 ~:41~1~1 Dear Commissioner Constandn¢: We the undersigned ~pport your effort to create a neighborhood identity for the eight streets comprising "Logan Woods." Thank you for your leadership on this issue that we believe will have long-lasting benefits to our community. ADDRESS DATE ,sa EO .~-a k~.. ~j W t 3301 East Ta~iaml Trail · ~ Florida 34112-4977 (941} 774-~097 · Fax (941) 774-3602 October 27, 1997 12C3-G Mr. and Mrs. Joe Criss, III 4803 Ist Avenue NW Naples, Florida 34119 Dear Mr. and Mrs. Criss: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. maothy ~nstantine Commissioner, District 3 T$C:vgr 941 403 7992 P.O! M/~ Joe Crtss III 4803 1st. Ave NW Naples,'F1. 34119 Tim Constantine Bd. of Collier County Commissioners 3301E. Tamiami Tr. Naples, Fl. 34112 Dear Nr. Constantine, First our area codes were changed, then our zip codes, now someone wants to change the street names and give our area a "New Name". NO! We are opposed. These streets have been recorded and named for 30 years. Don't create new problems by setting apart and dividing a community. Work on the problems that exist. People that speed on Logan and pass on double yellow line. People that don't stop at stop st~ns. (on their streets) People that don't know or don't care that their kids are out vandalizing mail boxes ets. (there were 8 on our street on the "Night Out Against Crime") The Sheriffs Dept. can not "Baby Sit" these streets when most of the offenders live in the area. We built here in 1982 and have not had trouble with deliveries or 911 or anyone else fin~ing our home. All you have to do is tell them...we live off of Logan. Re~ards, Joe C~ss John C. Norris Dis~ct 1 Timothy L. Hancock. AICP DisU~ 2 l'tmot~ I. Cor~Im~ine ~ S. Mac'l(ie Distzict 4 B~c~ra 8. Berry Disa'ict S 3301 E~st Tami,~ni Trna1 · N~ples, Flodc~ 34112-4977 (941) 774.80~7 · Fa (941) 774.3602 October 27, 1997 Mr. and Mrs. Bruce Lee Thompson 5110 5th Avenue NW Naples, Florida 34119 Dear Mr. and Mrs. Thompson: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of f-urther assistance to you, please don't hesitate to contact me. Commissioner, District 3 TJC:vgr Mr. and Mrs. Brace Lee Thompson 5110 5th Ave. N.W. Naples, FL 34119 Dear Mr. ,u',d Mrs. Thomp~,l: This corr~l~ndence is a request for informatlo~ from your community. I would like your input aa well as input from all of the residents oftbe "Logan .Woods" neighborhood on th~ proposed street name change. A group of area citizens have proposed that 2nd Avenue SW, 4th Avenue SW, 6ih Avenue SW and 8th Avenue SW street names be changed. Some have further proposed that .h~e. NW Avenues be changed aa well. Should it be the desire of your community for the name changes, I believe it would be far more preferable to do it in an ali encompassing manner ralher than a hodgqx~dge of individual changes. There are clear benefits. A sense of community can be established. A recognized neighborhood can ease directions for visitor~ and emergency personnel alike. Community cohesion usually soa~ with a recognized label as well. Them a~ also some detrimenr~ issues. The initial change could prove confusing to some individuals. Stationary would need to be changed along with banking accoun~ utilities and credit card notification, etc. Logan Woods has successfully combined urban convenience with rural living and I am told the proposed name changes are meant to be another step towm-ds creating an even greater sense of neighborhood. It is one method the petitioners have put forward for carving out an identity for the community, particularly since it is one ofthe nicest in the atta. i:';c~e Itt ine know :~our thoughts on tl~ proposed street ~ ~.l~,~ges. I wolgd like ),ow in~t aa to whcil,er you approve or disapprove th~ proposed changers and I would appr~ia~ your ~ivising me of any other concerns or suggestions you may have for your community. Specific str~ name suggestions am welcome as well. The issue is scheduled to come b~fore th~ Board ofCounty Commissione~ on October 28, 1997, so your prompt response is appreciated. I look forward to hearing from you soon. Thank you. 'I'i~j} J. Consamtine "Cq~FYnissioner, District 3 TJC/cb 3301 East Tarniami Tral · Naples. F'kxida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 October 27, 1997 Mr. and Mrs. Tyler Norton 5300 6th Avenue SW Naples, Florida 34119 Dear Mr. and Mrs. Norton: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assistance to you, please don't hesitate to contact me. Timothy"& Constantine Commissioner, District 3 TJC:vgr Board of Collier County Commissioners Attn: Timothy J. Constantine 3301 East Tamiami Trail ~.~aples, FL 34112-4977 5300 6th Ave. %'; Naples, FL 34119 October 16, 1997 RE CEt'VSD OC'f 2 2 997 Dear i4r. Constanine: We are writing in response to your letter dated October 8, 1997. Urufortunately, from the tone of your letter, it appears as though you have already moved in favor of the proposed street name changes. This was the first time in the eleven years that we have lived on · 6th Ave SW that we have he~_-d the term "Logan ;'loods" referring to the area in which we live. Once again we must voice our adamant opposition to the street name change of 6th Ave. 3;~. (copy of letter dated September 19, 1997 attached) ;~%en we moved to the area, we did so for the "combined urban con- venience with RURAL living." We have no interest in a "recognized neighborhood" wit~ a "sense of community." We enjoy the privacy and anonymity that RUt~L living provide. If we had wanted "community cohesion" which "usual-~ soars with a recognized label", we would have settled in a gated comm%mity. ;?e agree that the area in which we live is "one of the nicest in the area", but only due to the rural nature of our property. ~e ask that Petition SNR-97-8 be denied as an unnecessary and costly waste of time and money. ~e are happy and content with 6th Ave. S~. Thank you. State of Florida County of Collier The foregoing instrument was acknowledged before me the 17th day of October 1997 by Tyler and Constance NOrton who has produced a Florida Drivers License as identification and did not take an oath. Sinc ere ly, ~~T~ler & Constance .~o~rton~d~7~ 12C3-G. .~00 5th .~ve. ~'! Naples, 25 74119 :eotember ~'~ 1997 Community Development Services Division Attn: Robert 3alvaggio 2800 North Horseshoe Drive Naples, FL 33942 Dear ;.tr. Salvaggio: :'le are writing in opposition to Petition JNR-97-3. le oppose the renaming of our street, 6th .~v?. 3;'/, for the follow- ing reasons: (1) There is absolutely no significance to the n~me Tamarind Ridge. Cur street is neither in a ~s.marind grove or on a ridge. (2) :,laps would have to be changed causing unneeded time, expense and confusion. (3) Personal inconvenience and expense to have letter heads, bank checks, other important documents, magazine sub- scriptions and all correspondents notified. (4) It will cause unwanted attention to our street and perhaps create a president for other streets to follow suit. ~';e are happy with our street name the way it is. We ap- preciate this opportunity to voice our oPposition to this un- necessaz~y petition. S tnce re ly TISHYA bi ARTHL'~ NOTARY PD'~U~ ~TAT£ OF FLORIDA COMMISSION NO. ~jler & Constance Norton OFFICIAL."iOTAR¥ SE~L TISHYA M ARTHUI~ NOTARY FU~tJC ~'TAT[ OF FLORII~A · COMM=SS~ON NO. C¢--fg~J~ ~Y coL,~ts~. N ~xt,. OEC. ~. .. '/.,.,.-~'"' c,. '-' "-"~- ' ....-'~.- ' Io~n C. No,is District 1 Timothy I.. Hancock. AICP District 2 Timothy ~. Cons~anUne Oi~ric~ 3 D~ct 4 Disu~ct S 3301 East Tamiami Tral * N~ple, Flerida 34112-4977 (941) 774-8097 * Fax (941) 774.3602 October 27, 1997 Mrs. R. L. Cooper 5247 5th Avenue NW Naples, Florida 34119 Dear Mrs. Cooper: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28"' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assistance to you, please don't hesitate to contact me. Commissioner, District 3 TJC:vgr RECEIVED Iohn C. Norris Dislzict 1 ~f'r~Othy I, C~nt~ne P"~n'ml~ S./~,~c~e D~:ric~ 4 ~ B. Berry District S 3301 East Tamlami Tra~l · Naples, Flodda 34112..4977 (941) 774-8097" Fax (941) 774-3602 October 27, 1997 Mr. and Mrs. Dwight Nadeau 5041 2nd Avenue SW Naples, Florida 34119 Dear Mr. and Mrs. Nadeau: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistance to you, please don't hesitate to contact me. TimothsrJ. Constantine Commissioner, District 3 TJC:vgr · ' t' Dwight & Cathy Nadeau 5041 2nd Avenue S.W. Naples, Florida 34119 October 22, 1997 Mr. T'Lmothy J. Constamine., Commissioner (District 3) Collier County Government Center, 3rd Floor, Bldg. F 3301 East Tamiami Trail Naples, Florida 34112 1203- Re: Petition SN'R-97-6 Dear Commissioner Constantine: Thank you for your concern and interest expressed in your letter of October 8, in regard to thc Spotmias Petition to change our plaXted street name to "Mahog~ Ridge Drive". I agree with your contention that any change to a neighborhood's identity, including changing a street name, should b~ unified and for thc overall good ofthe neighborhood's r~idents. I am not convinced that such cohesiveness is a characteristic of the subject lx-tition. Neitlgr my wife or I were invited to comment on potential sm~.t names which wm'~ sulxnitted for approval to your addressing staff, nor were we offered the opportunity to pm'ticip~te in tI~ lX-6tion process until alter the subject Petition was filed. Further, since your letter, to my imowledg~ the~ has ~ no effort on th~ part of the Petitioner to solicit additional support for tl~ P~itioa from hex mighbo~; and if such effort was made, we were not conta~ed. It is based on the~ fac. s, that my wife's and my opinions have not changed. We maiatsia oar oppo~itioa to Se pr~po~l meet nme ch~mge. Again, our opposition is only based on the inconveai,~:~ ora chaa~ of addr~s; ~ my increa~ in property values which rn~y result from the str~-t nam~ chan~ would only b~ ~ by those who sell their real property. We intend to r~nain a r~idmts of th~ ~treet for many years to come, so we could only ro~i:e increased property taxes, il'property valu~ ino'ease. Please this consider thia correspoMenc~ when you deal with Petition SNR-97-6 duriag your October 28 Public Hearing Thank you for your axtention to this matter. Dwight Nadeau ¸7' Distrh~ 4 3301 East Tamlamt Trall* ~ ~ 34112.4977 (941) 774-8097 · Fax (941) 774-3602 October 22, 1997 Mr. and Mrs. Rene Torricnte 5141 3rd Ave. NW Naples, FL 34119 Dear Mr. and Mrs. Torriente: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it ail into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28~ is the date for the public forum. I will make sure that your letter and ail others I receive are a part ofthe Public Record. Again, thank you and ifl may be of further assistance to,~e0'~ please don't hesitate to contact me. / Very t ~fly yours, Timoth' ~ C~onstantine Comrmssioner, District 3 TJC:vgr RECEIVED Pamela S. Mac'~ 3301 East Tambml Trail · Naples, Flcxtcla 34112..4977 (941) 774..8097 · Fax (941) 774.3602 October 22, 1997 Ms. Patricia A. Foresman 4830 4th Ave. SW Naples, FL 34119 Dear Ms. Foresman: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28"' is the date for the public forum. I will make sure that your letter and all others I receive are a par~ of the Public Record. Again, thank you and if I may be of further assista~e to yo~,,,please don't hesitate to contact me. Very Timothy(J. tine Commis~ ~er, District 3 TJC:vgr Man g , I~l: ~,oresrnan~naplesne,,t. com i FAX iDlt,~: 20 October 1997 [~: 9~1-774-8Q97 F~( P~ct~: 941-774-3602 CC: I II II III I II I D~ar ztr. Cone~aatiae~ Tn reply to your latter of £nqu~ry of O~tober B, 1~97, I ~ fo~inq a copy o~ a letter I ~ote to ~. 8allele ~ ~ alk~ ~or in~t. ~ vi~ re, in the In addition, ~ere ~a ~ edi~rial i~ ~e ~plea ~ily ~ r~a~dinq how the Fire ~~nt ~qht f~l a~u~ such a ~. ~* ~s ~ a~res~? There is one other item to consider. The plat of the area is kz~n as Colden Gate F~'catee. This i, · ccmmmlty unto it~l£, of which we feel a~ integral part of. Chanqinq s~reet n~z~s does nothing to ch~uge the ter~s or co~dittma under ~ich ~y ~rcel of pro~rty ~ ~ sold ~ ~lt ~. ~t ~n ~ly ~ accmplish~ I I II i i I 'THE 94 t-$s$-1987 July 20, !o97 dm ~add about m area code change md dina & zl~ eod~ ckmsfe* I d° a°t ve~t t° see a °treet Bmae ¢lmqe bra ddrd year. PATRB3A A. FO~ D~s~c~ S 3301 East Taf~ami Trail · Naples, Fkvida 34112.4977 (941) 774-8097 · Fax (941) 774-3602 October 22, 1997 Mr. Robert R. Finn 4941 4th Ave. SW Naples, FL 34119 Dear Mr. Finn: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input fi.om citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a part ofthe Public Record. Again, thank you and ifI may be of further aasiztanee to you, please don't hesitate to contact me. TJC:vgr Timothy~. qonstantine Commis~.~fler, District 3 D~s:~c~ 2 B~8.~ ~5 3301 £ast Tamtand Tral · Naples, ~ 34112-4977 (941) 774-8097 · Fax (941) 774-3602 October 22, 1997 Mr. and Mrs. Ted Berggren 4880 7th Ave. NW Naples, FL 34119 Dear Mr. and Mrs. Berggren: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I m taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28* is the date for the public forum. I will make sure that your letter and all others I receive are a pan ofthe Public Record. Again, thank you and ifI may be of further assistance to you, please don't hesitate to contact me. Timoth~onstantine Commi~bner, District 3 TJC:vgr Robert R. Finn 494t 4th Ave. SW Naples, FL 34119 October t 4,t 997 Board of County Commissioners Collier County Government Complex Naples, FL 34112 BCC 01O11O RECEIVED OCT 2 0 1997 3oard of Count;~ Comtsstoners Dear Mr. Constantine, I am responding to your letter of October 8, 1997 concerning street name changes off Logan Boulevard. r do'not want my street name changed. What is wrong with 4th Ave. SW anyway? I believe that everyone in the area was not properly informed. This recent letter that you wrote does not do this any more justice. Please inform people that calling this area Logan Woods will not put it on a Collier County Plat. To plat it, it would cost a lot of money and is near Impossible. Don't get me wrong, I like the name Logan Woods. I believe people am under the impression that to be called Logan Woods we need our street names changed. Not True. You already proved that in your letter by calling this the 'Logan VVoods Neighborhood." I~ve spoken to many people pro and con and it seems most like Logan Woods but not street name changes. Mr. Constantine lets give people the facts. Tell people there probably will not be a sign Logan Woods because I befleve, correct me if I'm wrong, that the area has to be plated as that Calling this area Logan Woods is like caang my Buick a Mercedes. What's the Point. I believe just by saying I live off Logan Blvd. gives this area all the identity it needs. Back to street names changes. If it changes I would have a lot of extra expenses and aggravation. If I had no other choice, than I would say to do all the streets off Logan Blvd. But what happens to the streets South of Pine Ridge Rd. That part would have to be called Santa Barbara Boulevard Woods. More problems Right? Hey Tim, lets get real and drop this issue. I rearranged my work sct~dule for the last two meetings which ware ~ned. Lets have that meeting and get this Issue out of the way, or better yet, ~ out petitions with the right information. "Logan Woods"is one issue, street name changes is another. Lets do it right. This issue n=cds to be dropped. Sincerely Robert Finn 3301 East Tamiami Tra~l · Nafges, Flod~ 34112-4977 (941) 774-8097 * Fax (941) 774-3602 October 8, !997 Mr. and Mrs. Ted Berggren 4880 7th Ave. NW Naples, FL 34119 ~ Ivb'. and Mrs. Be~;ren: This correspondence is a request for information from your commtmity. I would like your input as well as input from all of the residents of the "Logan Woods" neighborhood on the proposed street name changes. A group of area citizer~ have proposed that 2nd Avenue SW, 4th Avenue SW, 6th Avenue SW and 8th Avenue SW street names be changed. Some have further proposed that the NW Avenues be changed as well. Should it be the desire ofyour community for the name changes, I believe it would be far more preferable to do it in an all encompassing manner rather than a hodgepodge of individual changes. There ate clear Ix'nefits. A sense ofcommtmlty caa be establ~ A recognized neighbo~ood can ease directions for visitors and emergency personnel alike. Commtmlty cohesion usually soars with a recognized label as well. There ate also some detrimental issues. Thc initial change could prove confusing to some individuals. Stationary would need to be changed along with banking account~, utilities and credit card notification, etc. Logan Woods has successfully combined urban convenience with rural livin8 and I am told the proposed name changes are meant to be another step towards creating an even g;reater sense of neighbodxxxL It is one method the petitioners have put forward for carving out an identity for the commtmity, particularly since it is one of the nicest in the area. Please let me know your though~ on the proposed street name changes.- I would like your input as to whether you approve or disapprove the proposed changes and I would appreciate your advisin~ me of any conctTm or suggestions you may have for your community. Specific street name suggestion~ ate welcome as well. The issue is scheduled to come before the Board of County Commissioners on October 28, 1997, so your prompt response is appreci~Led. I look forward to hearing fi'om you soon. Thank you. TJC, tcb ~.~.'~ C ~ 3301 E~'r~ T~il · Na134e~ I~ 34112-4977 (941) 774-~0~7 · Fmx (941) 774-3602 Octol~r 22, 1997 Mr. J. E. Carroll 2500 Airport Rd. S. #206 Naples, FL 341 I2 Dear Mr. Carroll: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods arra and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28~' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and if I may be of further assistan~,~;-please don't hesitate to contact me. Timoth~, $] Constantine Commi~:~loner, District 3 TJC:vgr CARROLL & CARROLL lZC3-~ REAL ESTATE APPRAISER5 2500 AIRPORT ROAD SOUTH r206 NAPLES, FLORIDA 34112 PHONE (941) 77S-I'147 FAX (941) 775-2154 OCTOBER 13, 1997 COMMISSIONER, DISTRICT 3 BOARD OF COLLIER COUNTY COM~(ISSIONE]KG 3301 EAST TAHIAMI TRAIL NAPLES, FLOR/DA 34112-4977 DEAR COKHISSIONERCONSTANTINEI THANK YOU FOR YOUR LE~-~ OF OCTOBEK 8th. MY WIFE AND I OWN PROPERT~ ON 4~.h AVENUE SOUTH NEST. 3301 E~st T~ml~nl Tr~l · I~ples, florida 34112-4977 (941) 774-8097 * F~x (941) 774-3602 October 22, 1997 Mr. and Mrs. Henry. Clemmensen 4890 2nd Ave. SW Naples, FL 34119 Dear Mr. and Mrs. Clemmensen: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 25* is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assi~an~ ~5~ease don't hesitate to contact me. T'urloth~ J./~2onstanfine Conmgs~oner, District 3 TJC:vgr October 13, 1997 Board of Collier County 3301 East Tamiami Trail Naples, Florida 3411224977 Dear Mr. Timothy J. Constantine, We live at 4890 2nd avenue S.W. and, according to the letter we received from you, the street names are proposed to be changed. We are against the changes. it is changed. For example; problem in an emergency. There will be much confusion if the Fire Department may have a We are voicing our opinion against the changes. Thank y.ou, ( He~ry and Laverne Clemmensen 4890 2nd avenue S.W. Naples, Florida 34119 3301 E~st Tam~ Trag ', N~ol~ Flogc~ 34112-4977 ..~'..' ".....," · October 22, 1997 Mr. George A. Trapp 5343 1st Ave. NW Naples, FL 34119-2511 Dear Mr. Trapp: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I memioned in my prior correspondence, October 28~ is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, fimnk you and ifI may be of fuxther assistance to you, please don't hesitate to contact me. Timoth~Onstantine Commis~er, District 3 TJC:vgr Geo~e A. Trapp 5343 ISt. Avenue N.W. Naples, Florida 34119-251 l 941-352-0216 Board of Collier County Commissioners Thimothy J. Constantine Commissioner, District 3 October 13, 1997 Dear Commissioner: Thank you for your letter daed October 8, 1997, r~g~rcl~n~ pwposed strut name changes in "Logan Woods". Al the present time without knowing more info--n, I disapprove of any street name changes. Fu"st h was a telephone area code chang~ print new business cards and stationary, then a zip code change, reprint everything again. I suggest this be incorporated into the long range pls. ns for widening of Logan to four lanes, and traffic calming plans. Perhaps then we could become a neighborhood, but unIil then w~ are just a street in the grid system. Naming streets alter trees is very common in the Naples area, and would only add to ~I~ confusion. This is not as simple as moving and charts;in~ your address. What about all of the county tax r~.ords and maps, reprinting ~ and ~xpensiv~ maps used by ~ and emergency response people. I'm sure I could list over one hundred changes thai would need to take place Are you about to open Pandora's box ?. What about the folks who Eve on 56th Terrace, Rattlesnake Hammock, Tuna Court, Cocohatchee, or Duck Lake Loop road ?. W'tll they be able to change their street names this easily too?. I hope you are not going to take any action on October 28th as we on the North West Avenues will need thne to organize a task force to take a hard look at this issue. However if changes are made, and we have to change the names of our avenues to tree names, I suggest the following; 1. Swietenia Mahagoni Lane 2. Black Snake Swamp Avenue 3. Cattley Cmava Drive 4. C~docarpus Road Thank you for taking the time ou~ of your busy sctaxlule ~o deal with issues like this one. 3301 East Tamtand Trail · Nal:~L F1~da 34112-4977 (941) 774-8097 · Fax (941) 774-3602 October 22, 1997 12C3. Ms. Jacqueline R. Conrecode 4921 4th Ave. SW Naples, FL 34119 Dear Ms. Conrecode: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28'" is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Again, thank you and ifI may be of further assistance m y~Iease don't hesitate to contact me. Thnothy J~ C/b~tin¢ CommissioMer, District 3 TJC:vgr October 11, 1997 Commissioner Timothy Constantine Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 RE: Petition SNR-97- (It, 7, 8 & 9) Dear Commissioner Constantine: I am responding to your October 8th letter to residents off Logan Boulevard regarding my thoughts on the proposed street name changes, as well as my suggestions. First off, I would like to thank you f~ your efforts in this matter. I can appreciate the time ~ energy you and staff have expended on this issue, as well as the costs incurred by the county to date. My thoughts regarding the renaming of the streets off Logan Boulevard are unchanged; I still think it is a waste of time and energy and I would prefer no name change. However, if it is the will of (the super-majority of) my neighlxxs to change our street name(s), then I will concede and go wffh the flow. However, to address only the first four streets seems prejudiced against the remaining four stme~ off Logan between Pine Ridge and Vanderbilt Beach Road. If we change any, we should change them ail. Additionally, the street names ~ thus far am unsatisfactory (in my opinion). Why must we copy"LMngston Woods' by trying to become Logan Woods? Why not be more creative? An important issue as well is whether we will be known as anything. (I.e., Logan Estates, Logan Acres, Vineyard's Estates, etc..) Does the ama have a chance of being named? Or is changing our street names the only chan~ fo~ identity? Will the county tolerate an area putting up signs designating themselves a sub-d'Ms/on without going through the replatting process? I believe most of the p~operty owners are receptive to the idea of naming our area, more so than renaming our streets. Commission~ Constantine P.tition SNR 97- October 11,1997 page 2 My Suggestions Before the issue goes further all eight streets off Logan should be involved in the process, equally represented. Not one street petitioning for all. When the petitions are signed, the street name change being petitioned should be dearly stated on the petition form; not assigned after the fact. Present new names, SHORTER NAMES am preferred. Possibly a topic other than plant life. Let's be creative here...would require a community effort. Look to the county for a way to name our AREA without renaming our streets or replatting. (Making items 2 and 3 obsolete). Related to item 4 above, why do we have to change our street names for a sense of identity? What difference does it make if one lives on 4th Ave. SW or Peanuthead Ave.? The stre~ remains the same, the directions to the street are the same, the area is the same, where is the/dent/ty benefit? Conclusion To conclude, I disapprove of the proposed change to my street name. I feel what is really desired is an area name for a sense of identity. If the county is able to find a way to circumvent the need to re-plat in order to name an area, the issue of identity would be addressed and no further action v~uld be required. Lastly, the area at issue should contain all the streets off Logan Boulevard from Pine Ridge Road to Vanderbilt Beach Road Extension. Thank you again for you time and effort in addressing this issue. Sincerely, Jacqueline R. Conrecode ~ Ols~c~ 4 3301 E~st Tarnlamt Tml · ~ FIoH~ 341124977 (941) 774-8097 · F~x (~J41) 774°3602 October 22, 1997 Mr. and Mrs. Gerald N. Kurtz 4860 7th Ave. NW Naples, FL 34119 Dear Mr. and Mrs. Kurtz: Thank you wzry much for your reccnt letter on the topic of ~eet name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28"' is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. be of further assistance to don't hesitate to contact mc. Again, thank you and if I may Very ~~r~UrS'nstan· tine Thnot~y ~ner, District Con~ 3 TJC:vgr October 16, 1997 RECEIVED Timothy J. Constantine Commissioner, District 3 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 OCT 2 1 1997 of C,',unty Commfsstoners Dear Commissioner: Subject: Proposed "Logan Woods" We are opposed to any street name changes for the Logan Boulevard area. The Logan Boulevard Community is a beautiful area. It is the community we bought into eight years ago. We could not be happier with it. Changing the names of the cross-streets will not change the character of the are~ If people want to live in a neighborhood with pretty sounding street names they can pay more for property and move into a newer mlxtivision. We are not big fans of the way GAC developed Golden Gate Estates, but we accept the fact that it was done the way it WaS. Axe the people interested in this street name change the s~ne people that bought property on Logan, and then were shock~ ~t tbe traffic ~d speed of it st the end of their driveways? People n,~d to make these realizations before they buy into a neighborhood. Buyer beware and be educated! It should not be a chore of the County Commission to try to change the character of neighborhoods. Time spent on this issue is a poor use of the resources of the Commission. You have much more sigrfifieant issues to deal with. What's next putting some curves in the roads, County utilities - water and sewer? We agree that this should not be a piece, meal effort. If the street name changes get serious consideration please look at a minimum area of Pine Ridge Road north to Vanderbilt Beach Road. We appreciate your eommtmieation. Gerald N Ktaxz and Amy S. Kurtz 4860 Seventh Avenue N.W., Naples, FL 34119 ~n C. No~s D~uict ~ 'nmo~hy L Hanc~k, A~CP Dislz~t 2 Timod~ I. Constantine District 3 I:'ameta S. Mac'Kle District 4 Barbara B. Ben'y D~stfict S .3301 East Tamtami T~I · Naples, Fkwida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 October 22, 1997 Mr. and Mrs. Gary Geiger 5390 7th Ave. NW Naples, FL 34119 Dear Mr. and Mrs. Geiger: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28~ is the date for the public forum. I will make sure that your letter and all others I receive are a part of the Public Record. Agalru thank you and ifI may be of further assistance to~,~please don't hesitate to contact me. Very fly yours, T'unot ~ ..~Constantine Comr~ ;~Joner, District 3 TJC:vgr o~ ., ...; :.:.- '..; .'.!.'... ~ I. Com~r~re Pamela S. Macq~ Diark:t 4 Distrk:t 5 3301 Ead. Tamlaml Tm1 · Naples, Flodda 34112.4977 (941) ?74.~097 · Fax (941) 7T4-3602 Octol:~' 22, 1997 Mr. and Mrs. Jeffrey Cresswel! 5051 1 st Ave. NW Naples, FL 34119 Dear Mr. and Mrs. Cresswell: Thank you very much for your recent letter on the topic of street name changes in Logan Woods. I am taking input from citizens throughout the Logan Woods area and will take it all into consideration as we move ahead in the decision making process. As I mentioned in my prior correspondence, October 28~ is the date for th~ public forum. I will make sure that your letter and all others I receive are a paxt of the Public Record. Again, thank you and if I may be of further assistance t~g4ease don't hesitate to contact me. Timoth~ $.~onstantine Commi~ner, District 3 TJC:vgr 5051 t~t Avenue, NW Naples, FL 34119 October t3, t997 Mr. Timothy J. Co~etanUne Commissioner, Distr~ct 3 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FI 34112 Dear Mr. Constanf~ne: Thank yo~ for giving us the opportunity to comment on the proposed designation of "Logan Woods" and the change in street names. We understand the concern of our neighbors on 2nd through 6th Avenues, SW, that this area of Golden Gate Estates has lost its identity as a "clo~e-in" higher priced neighborhood than the outer Estates. However, if t]~ Logan Woods designation is to be implemented, it should be implemented for the enUre stretch of avenues along Logan Boulevard running from Pine Ridge Road to Vanderbilt Beach Road. We here on 1st Avenue, NW, ara also experiencing a great influx of investment into the neighborhood. In fact, there is a 7,500 square foot home being constructed now and another of ~imilar s~ze scheduled for later this year. Why should a Logan Woods designation stop at 2nd Avenue, SW? We would only support Logan Woods if it included the enUre area as noted here in our letter. The ambiance and preference of the neighborhood does not stop at 2nd Avenue, I~N - it ie all-encompassing of the area and would be rather confusing to have only half the neighborhood identJfled as Logan Woods. What would the rest of the area be called?? As far as a name change for the ~'~eets ia concerned, we believe this is enUrely unnecessary. The cost ~md irmonvenience to re~idents would be a burden. During the last 3 years, we Itmm already contertded wff~ a change in area code and a change in zip code. P~eese do not impose anoU~r change!! We can appreciate the fact that a street name change would enltance the idenUty capabilities, but the numbered streets are very ~ to find and easy to give directions for. If the Commissioners would like any further input, pl~ do not hesitate to contact us. In fact, if a personal appe~wance is ~:~, we would be glad to accommodate. Very truly youre, Eunice and Jeffrey C iii1111111111111111111111111111111111111111111111111111111111111 II ilililiililillllllllllilllllillllllIllIlllilillllilililllllllll :r3z z~: (ex3) 774,..8408 z,z~m'aos (8~) lO lo-231 e9:2~ oo'o2'ol 411 10-~ ~ 10:14 00' 0~' 2B I 4~2 10-231 25:44 41~. 10-2"~I 15:5~ 774-8406 941 '775 2",~-~5 O~ 6 92G3~ OK 3 92G3~ O~ 6 To: retttto~erl (N~ & eddreea)t ~lz~ & Addttll o[ ~! {)etIOnl(i) ton u~ttfted by ~|tlt'I 0(f£¢41 (Z~m~re rpecl aee~ed, attach ~eparat4 ~t) Way,paper(J) co be ueedt (Co~plete o~ly if iaport~t / /, /,~ Waplea Daily Way. or la&ally ~equite~ /~/) / ! Other DoeI Petttt~ Fee Include AdvertiIinl ~et! Tel / / No / / {~ yes. ~at account eh~Id be chsrIed for advetttstn~ coati O£vtsi~ Head/~t~ ri.t, /0/[7/G¢ County ~nsger. Date For hearings before Bce or SZA: Initiating person Co c~plete one copy snd obtain Division Ile~d approvst before Iubmtttin8 to County Manager. ta3TEI If ieRs! document ti involved: be sure that any necessary legit revtev~ or request for same! ta iubattted to Co~nt~ Attorne~ before submitting to County {~ana~er. The Manager's Office vii1 distribute copies: / / County Manager aRenda file; / / Requesting Division; / / Original Co Clerk's Office B. Other hearings: Initi~tln{ Division Head Co approve and submit original to Clerk's Office. retaining a copy ~or file. rom CLt'RK'S OF?ICE U$£ Date Received Date Advertised , Date of PAl. 12074~ Ililliliilliilll!iliiIliiililllilililiililllliliiiliillililllli .iillllllllllilllllllllililllllllllllllllllliillillililillllliiil (8:].3) 774-8408 , 774-8406 01< 1 288 59,~I ~L~__L~ October 20, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Amend the FY 1996-97 Adopted Budget Dear Judi: Please advertise the above referenced notice one time on Sunday, October 26, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. " Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Account #001-101520-649100 COUNTY OF COLLIER NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA, PROPOSES TO AMEND ITS FISCAL YEAR 1996-97 ADOPTED BUDGET PUBLIC HEARING All interest parties are invited to attend a public hearing on this matter to be held on October 28~ 1997~ at 9:00 A.M. or soon thereafter, ~-in the County Commissioner's Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 Tamiami Trail East, Naples Florida. A copy of the proposed Budget Amendment Resolutions and background material will be available for public inspection on weekdays between 8:00 A.M. and 5:00 P.M. at the Office of Management and Budget, 2nd Floor, Administration Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) COUNTY O~ COL~IE~ NOTICE OF PUBLIC IlEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 1995-97 ADOPTED BUDGET All interested parties arc 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 Center, 3301 Tamiami Trail -East, Naples, Florida. A copy of the proposed Budget Amendment Resolutions and background material will bc available for public inspection on weekdays between 8:00 AM and 5:00 PM at the Office of Management and Budget, 2nd Floor, Administration Building. A final decision on thc amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk Board of County Commissioners Collier County Florida Timothy L. Hancock, Chairman Budget Amend. Fund Change No. No. Fund Title Amount Fund Total 97-261 699 Criminal Justice Trust Fund 110,200 PURPOSE: To recognize carry forward from FY 96. 97-340 O0 ! General Fund 12,000 PURPOSE: To recognize donations for the Vegetable Agent's salary. 97-341 144 Isles of Capri Municipal Fire & Rescue 13,180 PURPOSE: To appropriate revenue from surplus sales and Collier County Fire MSTU for overtime and operating expenses. 97-346 126 Naples-Collier Metropolitan Planning 340,400 PURPOSE: To recognize MPO Planning Grant - Federal funds for the State Fiscal Year 7/1/97 - 6/30/98. 97-348 123 Services for Seniors 32,173 PURPOSE: To recognize grant money awarded for in-home support services for Iow income elderly residents of Collier County. 496,200 ii0,541,698 161,460 464,400 948,145.96 Budget Amend. Fund No. No. Fund Title Change Fuml Amoun! Toial 97-349 123 97-350 123 97-351 123 97-352 123 97-353 123 97-354 123 97-355 113 97-361 306 97-363 306 97-370 408 Services/'or Seniors PURPOSE: To recognize grant money awarded for the care of elderly Alzhcimer patients. Services for Seniors (HcE) Services for Seniors (III-B) Services for Seniors (III-D) PURPOSE: To recognize grant money awarded for in-home, support services for low income elderly residents of Collier County. Services for Seniors PURPOSE: To recognize carry forward to offset mandated federal and state grant reductions. Services for Seniors PURPOSE: To recognize County contribution to make up for mandated cuts on federal and state dollam Community Development PURPOSE: To recognize fees collected for reimbursement to North Naples Fire District for Fire Plan Review Services. Parks Construction CIP PURPOSE: To recognize additional revenue from the FL Boating Imp. Program for Caxambas Park and Sugden Park. Parks User Fees PURPOSE: To recognize additional revenue from the FL Boating Imp. Program for Bayview Park project. CCWSD Operating PURPOSE: To recognize surplus land sale proceeds for the sale of property known as Quail Creek. 4,149 952,294.96 3,456.24 955,751.20 69,441.51 1,025,192.71 4,331.50 1,029,524.21 k3,079 1,042,603.21 45,385 1,087,988.21 75,400 111828,500 221,868 3,143,330 178,032 3,321.362 50,000 55,248,960 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 97-377 97-378 97-379 97-385 97-386 97-391 495 495 495 196 193 301 Airport Authority 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 recognize additional carryforward to fund an economic disaster advertising program, if it is necessary. Facilities Management Countywide CIP PURPOSE: To recognize carry forward from FY 96 for frequency coordination fees (800 MHz radio system). 20,300 19,600 5,800 7,800 40,571 · 6,000 1,228,942 1,248,542 1,254,342 257,500 1,877,342 30,415,888 97-399 97405 97410 97-411 97-413 97424 111 001 522 001 190 226 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 Community Park. Motor Pool Capital Recovery General Fund PURPOSE: To appropriate funds for the premature engine overhaul on the EMS helicopter. Misc. Florida Statutes Fe~ PURPOSE: To appropriate unanticipated handicapped parking fine revenue for minor ADA compliance requirements in the jail. 1997 Capital Improvement Rev. Reft Bond PURPOSE: To establish a budget for the Naples Park Drainage Assessment Bonds. 4,500 10,000 35,000 86,000 4,100 3,130,900 13,560,188 1,803,300 110,637,998 23,200 3,130,900 Budget Amend. No. Fund No. Fund Title t2C7 [ Change Fund Amount Total 97-437 9%456 97-457 97-458 97460 97461 97-462 97-464 97-476 97-481 001 General Fund ~ PURPOSE: To recognize additional carry forward in Criminal Justice Trust Fund from FY 96. 110,200 ,, 110,747,898 495 Airport Authority PURPOSE: To appropriate fuel sale revenues for the purchase of additional fuel. 4,900 1,259,242 495 495 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, lmmokalee and Everglades Airports. 66,200 1,325,442 ,3,100 1,328,542 193 Tourist Development PURPOSE: To appropriate additional tourist tax revenues and transfer to the Museum fund. 10,600 197,942 198 Museum PURPOSE: To recognize additional tourist tax revenues. 10,600 130 Golden Gate Community Center PURPOSE: To recognize donations for summer camp programs. 316,400 290 1997 Special Obligation Revenue Bonds PURPOSE: To recognize bond proceeds that converted some of the variable rate Commercial Paper debt to a fixed rate. 13,000,000 491 Emergency Medical Services Grants PURPOSE: To recognize earned interest for clothing/uniform purchases. 700 803,619 192 Public Guardianship PURPOSE: To transfer matching funds from General Fund to Public Guardianship for FY 96 as required by Ordinance. 13,066,163 460 126,197.11 22,319 104,638 12U? Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 97-491 97-492 97-493 97-494 97-495 97-496 97497 97-498 97-499 97-500 97-501 97-502 496 496 496 496 496 496 496 496 496 496 496 001 Airport Authority Grant Airport Authority Grant Airport Authority Grant Airport Authority Grant Airport Authority Grant Airport Authority Grant Airport Authority Grant Airport Authority Grant Airport Authority Grant PURPOSE: To appropriate grant and loan proceeds to budget for grant revenue and repayment o f debt. 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 16,000 158,200 40,000 3Q1,735 555,800 7,360 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 !10,755,258 1 2 3 4 6 7 9 II ~2 13 14 tS 16 17 19 20 21 22 26 27 28 29 32 ~7 ~9 RESOLUTION NO. 97-FlAR-$ I A RE~OLUTION PURSUANT TO SECTION 129.0(,(2), FLORIDA ~TATUTES, TO AMEND TIIF. BUDGET FOR TiI~ 1~9'/FISCAL YEAR. WHEREAS, Secltoa 129.0~ ~ Sta~es, provklcs that I~ Board ofCmmty C~nms~c~ (hereinafter al~ ~f~ to ~ 'Boa~ at any~ ~ a fi~l ~ m~ amid a ~ f~ thai )'ear. a~ provides Ibc pr~ures the~f~ and WIIER~S, t~ ~ of ~ ~~ of Collar ~nty. F~ has rcccivcd topics of ~d~ct amendmcnts w~ich provue ~ ~ ~ ~ I~it~ to: ~tici~tcd c~ ~a~ un~tlcipatcd revenue, an~m r~clpts of nnmre from a ~e n~ antici~ ~ ~ ~dg~ ~d ~ci~ f~ a ~nlcutar ~: ap~o~intion~ for cx~nditurcs in pa~icul~ funds ~t ~ld ~ ~ ~ ~ a~i~s in ~e ~me ~u~ that should ~ c~cs~ndin~ly in~: ap~at~ ~ ~ ~ f~ ~~ ~s f~ ~e ~ fm ~u~ c~sl~t~ and I impm~m~: and in~ ~ f~ ~t~ ~ ~-~ fu~s ~c[~ ~ a ~icular ~: and ~ER~S, the B~ h~ ~ ~at k ~ ~atc to amid t~ B~gct ~or Fiscal Ycar I ~7 by r~olution ~uant to S~ 129.~ ~ S~ NOW, ~E~FO~ BE ~ ~LVED BY ~E ~OA~ OF CO~ COMMISSIONERS OF COLLIER CO~. FLO~DA, ~ ~ ~~ ~ ~ I~? ~ B~&~ d~ti~d ~low are ap~ovcd and h~cby adopted ~nd ~h¢ ! 996/~7 FY Bud~,et is ~o amended. FUND INCR~SE CAD,~Y INCREASE FORWAP-J:) BUDGET OR ~NCEEASE INCREASE INCREASE (DECREASE) AMENDMENT ~D (DECREASE) (DECREASE) (DECREASE) INTERFUND NUMBERS TRAN~ERS RECEIPT EXPENDITURE. RESERVES TRANSFERS 40 41 42 43 699 97-261 ! 10,200 0t3 ! 97-340 12,000 144 97-341 7,200 $,980 16,600 126 97-346 1.80~ 338,600 340,400 123 97.348 32,173 32.1'/3 123 97-349 4,149 4,149 123 97-350 3.456.24 3,456.24 123 97-351 69.441.$ I 6~).441.$ I 123 97-352 4.33 I.$0 4.33 I.S0 123 97-353 13,079 123 97-354 45,385 I I 3 97-355 75,400 75,400 306 97-361 221,868 221 (3.420) 13,079 45.395 110.200 ~ 306 97-~] ' '' ':' i: i. ~ 17~,032 175,0:~2 ~ 495 97-3~ 20,3~ 27.~ (6,7~) 4 49~ 97-~71 19,~ 7.~ I 1,7~ ~ 495 97-3~ S,~ ~,~ (29.~) 7 19] 97-3~ 40,~71 74j.4~ (702,~17} m ~ ~0~ ~0,0~ ~0.~ 13 I~ ~3 4,~ 4,~ 14 226 97~24 ~,1~ 3,076,8~ I 3.126,5~ 4.4~ 15 ~ 97~37 I I0~ I I0.2~ 16 495 97~56 4,~ 7.~ (3.~) 17 495 97~5T ~ 27.~ 39,200 18 495 974~1 3.1~ 3.100 19 193 97~ 10.~ ~ 191 97a~1 21 130 97~ 22 290 97~ 13.~,~ 11.634.650 1,365.350 ~ 491 97~7~ 24 192 ~81 2~319 22.~19 ~ 496 97~91 24.~ 24.~ 26 496 97~ 80,~ 80,~ 27 496 97~93 24.~ 24,~ 28 496 97~ 20.~ 20.~ 29 496 97~95 144 ~ 496 97~96 12.~ 12,~ 31 496 97~97 16.~ 16.0~ 32 496 97a91 I 33 496 ~ 496 ~.~ 301.735 301.735 35 496 97-501 86,000 (~,o<x)) 37 BE IT FURTHER RESOLVED th~t the Clerk is hereby ordctcd and dlreclcd lo spread Ibis Rcsolmion in lull amonll ih¢ 38 minutes al'this mcetinil Eec' pm'mm'eat record in his olT~cc. 2 3 6 7 8 ~0 ~2 I$ 19 21 12CTqq BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:., By: DEPUTY CLERK App,-oved as to form and I,:f, al sutTmJency: Collier Co~mty Anomey TIMOTIIY L.. ItANCOCK. CIIAIRMAN - :3 - RESOLUTION NO. 97-BAR-$ A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR TIlE 1996/97 FISCAL YEAR. 12C7 WHEREAS. Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as "Board") at any time within a rise. a! year may amend a budget for that year, and provides the procedures therefor, and WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which provide for but are not limited to: anticipated canT forward, unantic~pated revenue, and/or receipts ora nature from a source not anticipated in the budget and received for a particular purpose; appropriations for expenditures in particular funds that should be decreased and other appropriations in the same fund that should be correspondingly increased; appropriations from the reserve t'or contingencies; appropriations from the reserve for future construction and improvements; and increased receipts for enterprise or proprietary funds received for a particular purpose: and WHEREAS, the Board has determined that it ia appropriate to amend the Budget for Fiscal Year 1996/97 by resolution pursuant to Section 129.06, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the budget amendments to I~e 1996/97 FY Budget described below are approved and hereby adopted and the 1996/97 FY Budget is so amended. FUND INCREASE (DECREASE} CARRY FORWARD INCREASE BUDGET OR INCREASE INCREASE INCREASE (DECREASE) AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE} INTERFUND NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES TRANSFERS 699 97-261 I 10500 001 97-340 144 97-341 7,200 126 97-346 1,800 123 97-348 123 97-349 123 97-350 123 97-351 123 97-352 [23 97-353 13,079 123 97-354 45,385 113 97-355 306 97-361 12,000 12,000 5,980 16,600 338,600 340,400 32,173 32,173 4,149 4,149 3,456.24 3,456.24 69,441.$1 69,441.51 4,331.50 4,331.50 75,400 75,400 221,868 221,868 (3,420) 13.079 45,385 110,200 = 1 - 306 97-363 178,032 408 97-370 50,000 495 97-377 20,300 495 97-378 ! 9,600 495 97-379 5.800 196 97-385 1,800 6,000 193 97-386 40,57 I 301 97-391 6,000 I I I 9%399 4,500 O0 i 97-405 I 0.000 522 97-410 (35,000) 00 1 97-4 11 86,000 190 97-413 4,100 226 97-4 24 54,1 00 3,076,800 001 97-437 110,200 495 97-456 4,900 495 97-457 66,200 495 97-458 3,100 193 97-460 10.600 198 97-461 i 0.600 130 97-462 700 290 97-464 13,000,000 491 97-476 460 192 97-481 22,319 496 97-49 ! 24,000 496 97-492 80,000 496 97-493 24,000 496 97-494 20,000 496 97-495 144,000 496 97-496 12,000 496 97-497 ! 6,000 496 97-498 158,200 496 97-499 40,000 496 97-500 301,735 496 97-501 555,800 O01 97-502 7,360 178.032 27,000 7,900 35,000 229,900 743,458 6,000 4,500 !0,000 140,136 4,100 3,126,500 7,900 27,000 3,100 700 I 1,634,650 46O 22,319 301,735 7,360 50,000 (6,7oo) 11,7oo (29,200) (222,1 00) (702,887) 02L00o) (19,136) 4,400 110,200 (3,000) 39,200 10,600 1,365.350 24.000 80,000 24,000 20.000 144,000 12,000 16,000 158,200 40,000 555,800 12137. 86,000 {35.00o) BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of'this meeting for permanent record in his office. DATED: This Resolution adopted ~ft~r motios% so:omi ~1 m~Jo~ vote favoring same. l,i~, 12C7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA TI MOTH Y,/~-'IA'~IC, CHAIRMAN - 3 - , '. ~r.,.' 4- ., ,: ',, .- COLLIER COUNTY FLO ~ " To: Clerk to the Board: Plca~e place Jhe follow~ng as a: .~' 5: .... ~ - .'. - ,~.,..; Ofigi~ting ~p~ Div: Co~.D~.Sew~lannmg. P~n: ~ta ~ ~ Date: I ~t~- - Petitioner' ~ame & Ad~)' M~ch~el K, Cg~dk 10401 Tam~Im~ T~fl N9nk Napl~ ))~,a H~fing~fo~ B~C~zA Other" ~'{ ; Nen~r(s) to ~ u~d: (Complete only ~ im~t)::~~---e.~ ...... -. r_.. ~ Naples Daily News . -.. ~her'~;~.~.~.;~_': .,:,r: P~ Tern: (Include legal de~fipfi6n & common I~fion ~ S~: petition NO. ~-~-19, Miq~el K, C~di ~in~ ~nditional U~ "1" of the "C-3" zoninK distnm Dr amu~ment$ ~nd r~tion ~n5~ I . · ~ifimal c0un~lor) for pr0~ l~ted aT 10401 Tami~i Trail No~h, further de~fi~ ~ LOT 9 ~ !o, Bl~k 2, Navl~ ~ Unit 1, in ~ion 28, Tm~ship 48 South, ~nge 25 ~, C011{er ~unW, ~ofida, consisting or.62 a~. ' ~m~nion ~tition(s), irany & pro~ hofing~te: ' ' - ' D~ Petition Fcc include advcnising cost? ~ Y~ .. ~ No IfY~, w~ a=ount should 113-1383234491 I0 R~imved by: LOL. ~. ~.~O.~ ~ ...' Approv~ by: .,- . .. DMsion H~d Dale Coun~ ~ger Date Li~ Attachments: - DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain DMsion llead approval before submitting to County Manager. Note: If legal document is |nvolved, be sure that any necessar)' legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: r'l County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating DMsion head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: .... ' - "' ' ' Date Received: ~5/'/2~/.~? Date of Public hearing: /a/'2..J//.27 ,. Date Advertised: · . . -. - , /1 ./ . / . - : .... ~i ... . ' ' , ,~..,.- ~ ,.'-'.~.. . ~ ' ~ .... ,.. : . .' . - . · .. - ::...,, : . ,',,¢2-,,::~,/;:~:,15..~.:.'~r.i'-~, ,: ;:.'.."'.'-:..: :::..~-..~..:,.,;.-.,~;},,~'~',,. ::'::.::' _... 7. ' . .,,' .... "- :..:..;r:'.:o ..~ .... :-;.~;d':--'-* ........ ' '-= ~-'"'4'~"~,-.';--, . .--'Tr='-~.., .-r-,-:- ~' "t~:'-~'..::~'. '~Y,~':~'~.,~ ..... '.:-"."--. .... i ~i 4 :IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIII ~I ' Tl31 ilillililillillllllillillllillllilllillllill~illlillllllillllil, (823) .4-84o8 ¢81.J) 77t~-St~06 The snne**//..~./~. September 22, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition CU-97-19 Dear Judi: Please advertise the above referenced notice one time on Sunday, October 12, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 704259 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAYf OCTOBER 28, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-97-19, Michael K. Corradi requesting Conditional Use "1" of the "C-3" zoning district for amusements and recreation services (fortune teller, palm reader, astrologer and spiritual counselor) for property located at 10401 Tamiami Trail North, further described as Lot 9 & 10, Block 7, Naples Park Unit 1, in Section 28, Township 48 South, Range 25 East, Collier County, Florida, consisting of .62 acres. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) September 22, 1997 Mr. Michael K. Corradi 10401 Tamiami Trail North Naples, FL 34108 Re: Public Hearing to Consider Petition CU-97-19 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION 97- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN AMUSEMENTS AND RECREATION SERVICES (FORTUNE TELLER, ~PALM READER, ASTROLOGER AND SPIRITUAL COUNSELOR) CONDITIONAL USE "1" IN THE "C-3" ZONING DISTRICT PURSUANT TO SECTION 2.2.14.3 OF THE COLLIER.C~UNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS,..the.Legislature:o~.:the.State-of Flokida in Chapter .... . ~,;.~-,.,~,.., -: %,..~ . . 67-1246, Laws of Florida, and Chagter 125,'"Flo~ida'St'~tute~, has conferred on Colli~' c'6un't'y '"~ ................... %' the power to establish, coordinate and enforce zoning and such business ~egulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance~No. ~91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the' zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.14.3 in an ~C-3" zone for amusements and recreation services. (fortune teller, palm reader, astrologer, and spiritual counselor) on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory 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 the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all ma~ters presented. - ...... ~...~.7.'-~. '. 1311 qq NO~, THEREFORE BE IT RESOLVED~ BY THE BOARD OF ZONIN~ APPEALS of Collier County, Florida that: ! The petition filed by Michael K. Corradi ~ith respect to the property hereinafter described as: Lots 9 & 10, Block 7, Naples Park Unit 1, as recorded in Plat Book 1, Page 106, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional'Use "1" of Section 2.2.14.3 of the "C-3" zoning district for amusements and recreation services (fortune teller, palm reader,-astrologe~[and spiritual counselor), in accordance wi~h 'th~"C0nce~t6al' m~n BE IT FURTHER RESOLVED th~t-'thts Resolution' be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day oK '[~;" 1997.-' BOARD OF ZONING APPEALS COLLIER COUNTY,'FLORIDA BY: TIMOTHY L. HANCOCK, Chairman ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjc~-ie M. ~udent Assistant County Attorney f/CU-97-19 R~SOLUTICN AGREEMENT I, Michael K. Corradi, as owner for Petition CU-97-19, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on < >, 1997. PLANNING: . The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this-application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including~ Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). STATE OF FLORIDA COUNTY OF COLLIER PETITIONER OR AGENT The foregoing Agreement Sheet was acknowledged before me this day of , 1997 by , who is personally known to me or who has produced as identification. (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: LAND sURVEY I I I I I I I I I . I l~Les, FL Affidavit of BOARD OF COUHTY CO~NXSS[OflERS ATTN: NANCY SALOGU8 PO BOX ~13016 NAPLES FL 34101-3016 REFERENCE: 001230 57576513 NOTXCE OF PUBLZC HEA State of FLorida County of CoLLtee Before the ur~terstgned a~thortty, permtLy appeared B. Lmeb, ~ on oath I~/s that ~ ler~el OetLy Ne~s, a daily newspaper pubtt~ed et NapLes, tn CoLLier County, FLorida: that the attached copy of advertising woe pubLished in ~atd newspaper on dates Listed. Affiant further ~y$ that the ~atd NapLes OatLy Ne~s ta a newspaper published et Nap[fi, ~n laid CoLLier County, FLortda, and that the laid ne~spapor has heretofore been continuously published in satd CoLLier County, FLortde, each day and ~as been entered aa ae~r~-~ c[eas mil matter at the post office in I~p[es, tn laid CoLLier Co~ty, FLorida, for · period of I year next preceding the ~tr~t publication of the attached copy of advertt~eeent; end e~Jant further ~/s that she has netthee peJd hoe proatsed any per~, fir~ or coporatton any dtscount~ rebate, comtsston or refund ~or the purpose of securing this advertteeaant for p~bLtcatton tn the satd he, paper. PUltLI~EO ON: 10/12 AD SPACE: 6~.000 ZNCN FZLED ON: 10/13/97 Signature of Affiant Sworn to and Subscribed before .thta //(~/ day Of ~ ~ PersonaLLy kno~ by ee_.~!.,-,//'..~s~ /'~ ~'.~,~ ~ Tot Clerk to the 8~rd: · '~'~' " Plea,e place the fott~frq as - .w ::~;.. ; ' ' · - ..'o ..... ',-/~ .~ ~ Nonm~t Legal A~vertlseme~t ~ _Other: -- "_~-'. -'.-' · '-S" ': ......... ', ......4~' 'a'*'~¥?.~:~:'"~.-F ' (Display k~v., location," etc.} ":'i~"~-', ...... ~'.~.'. - ............ .~.,=- .... '..:, -_.,..-, .... · ..... ,-~'~w.'~.--"~. ._ . Petiti~ No. (If n<~e, give brief ~=~:riptim): ;, .CU-97-1~ Att: Daniel E..Conley, Trustee, 868,99th Ave N. Naples Fla. 34108 #~ & At,dress of an), person(s) :: b,e I~tlfled ~ Clerk's C>fflce:T';:j_]~ ;4zTI T,. Nn~gD?~- lqnr~zn-r P] ~nn!-n-O Shopee 5051 Castello Dr~ve, ~220,-Naples,Fl~'~4' ~' P.E }34103 & Davld S. Wilkison,- . -:"~ilkison ~ Associates, Inc. ~506 Exchan~e'Avenue, Naples, FloriSt' 34104' R~t~ hear{~ ~te: 10/28/97 hs~ ~ ~tfs~t a~ar[~ ~fore heari~. ,~r(s) to ~ ~: (~te:e ~[y if {~rtant ~, 7~/T ~. .... ' ~ Naples 0arty . .~..' ~:. ..... Petition No."~U~gTLIB, ~illiam'~'~°°ve:, AIC~, o~ Eoove: Planning Shoppe ~nd Hilkison G Associates, Inc., ~eptesenting la:get Benefit Plan o: I~pe:ial Ho~es o~ Naples, Inc., :eque~ti~g Conditional Use "2~" o~ the "A" zoning dist:ict ~o: a :etail plant'nutse:y for p:ope:ty located on the west side o~ Old U.S. 41, ~/3 ~ile no:th o~ ~ail Head Bouleva:d and 500 ~eet south o: the Collie:-Lee County Lies, in Section 10, To,ship 48 South, R~nge 25 Kast, consisting o~ 4.0~ ac:e~, ~ote o: less. {Companion to: 0~ petfti~ F~ l~t~ ~isi~ C~t? Y-- ~ ~o ~ If ~, ~at ~c~t shard ~ charg~ List Att~ts:(1). (2) (3) A. For hearings before BCC or ~ZA: Initiating pert~n to ~lete ~ c~ ~ ~taln Oiv{si~ He~ a~at ~fore ~itti~ to ~~. ~T~: If I~at ~ 1~ {~t~, ~ ~e that ~ ~sa~ t~at r~i~, or '. r~t for ~, IS ~ to C~ AtT~ ~f~'p_~ttfq te C~ ~r. Th~ '~er's Office Mitt ' ~ ~ erk's Office I.~her hear ~ for; fi le.-~ --. NO. DATE ST. TIME TOTAL TI ME ABBR ID STATUS ~ DEPT COD~ (X]MM. CODE 3~3 89-24 12:86 0~P10'09 9~1 ~ 1838 [K 13 0~1~ 344 [~9-24 15:59 ~' ~'49 ~199V8393 O{ 10 B6C~B~:~A 10 345 ~3--25 10:26 ~01'49 ~18 ~ 3 ~14 ~6 ~-~ 11:~ ~'16 ~1~3 ~ 9 ~7 ~-~ 11:~ ~1'12 ~1 5~ 6~ ~ 2 ~11 ~8 ~ 14:~ ~ 01' 19 ~1~652 ~ 2  ~ 15:~ ~'47 ~1 ~45~1 ~ 1 ~ 11:~ ~02'16 ~ ~ 3 ~~D TOT~ ~ 46 September 29, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition CU-97-18 Dear Judi: Please advertise the above referenced notice one time on Sunday, October 12, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 704259 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public, hearing on TUESDAY, OCTOBER 28, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-97-18, William L. Hoover, AICP,~of Hoover Planning Shoppe and Wilkison & Associates, Inc., representing Target Benefit Plan of Imperial Homes of Naples, Inc., requesting Conditional Use "21" of the "A" zoning district for a retail plant nursery for property located on the west side of Old U.S. 41, 1/3 mile north of Rail Head Boulevard and 500 feet south of the Collier-Lee County Lines, in Section 10, Township 48 South, Range 25 East, Collier County, Florida, consisting of 4.09 acres, more or less (Companion to Petition V-97-7). All interested parties are invited~to attend, to register to speak and to submit their objections, if anyi in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) September 29, 1997 William L. Hoover, AICP Hoover Planning Shoppe 5051 Castello Drive, #220 Naples, Florida 34103 Re: Notice of Public Hearing to consider a Petition CU-97-18 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Target Benefit Plan of Imerial Homes of Naples Inc David Wilkison, P.E. ' ' l A2 q' September 29, 1997 Target Benefit Plan of Imperial Homes of Naples, Inc. 868 99th Avenue North Naples, Florida 34108 Attn: Daniel E. Conley, Trustee Re: Notice of Public Hearing to consider a Petition CU-97-18 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. ' You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: William L. Hoover, AICP David S. Wilkison, P.E. 13A2 September 29, 1997 David S. Wilkison, P.E. Wilkison & Associates, Inc. 3506 Exhange Avenue Naples, Florida 34104 Re: Notice of Public Hearing to consider a Petition CU-97-18 Doar Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners'on Tuesday, October 28, 1997 as indicated on the enclosed notice. ' The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Target Benefit Plan of Imerial Homes of Naples, Inc. William L. Hoover, AICP RESOLUTION 97- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A RETAIL PLANT NURSERY CONDITIONAL USE "21" IN THE ~A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Co'llier County the power to establish, coordinate and enforce zoning a'~d such business:regulations as are necessary for the protection of t~e publtc~ and WHEREAS, the County pursuant thereto has adopted a Land Development 'Code .(Ordinance N0. 91-102) which includes a Comprehensive Zoning Ordinance estab~ishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses~ and WHEREAS, the Collier County Planning Co~ission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "21" of Section 2.2.2.3 in an "A" zone for a.retail plant nursery on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory 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 the CoXlier County Planning Co~ission; and WHEREAS, all interes=ed par~ies have been given opportunity to be heard by this Board in a public mee=ing asse~led and the Board having considered all mat=ers presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD ~F ZONING APPEALS of Collier County, Florida that: · '. ..... evident, the installation off both northbound and southbound turn ~anes will b~ ~equired. ~. The applicant shall be ~esponsible for the installation of arterial level street lighting at all project entrances at the time said entYances are constructed. 8. The final access geometry shall be subject to review by the Transportation Services Department and shall be subject to a right-of-way permit. BE IT FURTHER RESOLVED th~t~this Resolution be recorded in the minutes of this Board. · ~This Resolution adopted'afte~`mOtiOn, second and majority vote. Done this day of ~ ., 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY L. HANCOCK, Chairman~ Approved as to Form and Legal Sufficiency: Marj~grie M. St6dent Assistant County Attorney f/CU-9';-~.8 I~$0LUTION )¸% ? J13A2 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 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 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: f/CU-97-18 FINDIN~ OF FACT C"AAIRMAN/ EXHIBIT Detailed Legal Description of Subject Property: Section 10 Township.48S. Range 25E The South Half of the North Half of the North Half of the Northeast Quarter of Section 10, Township 48 South, Range 25 East. lying West of C.R. 887, less and except the North 200 Feet, Collier County, .Florida. Property Identification #: 0000000143520007 Size of Property: 132' wide x average of 1370' deep -- 4.09/: Acres 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 Coun _ty Lines, in North Naples. Zoning of Subject Property: Agricultural Existing Land Use: Vacant and vegetated with a mixture of trees and shrubs, including some Cypress trees (~picalIy on the western 1/2 of the site). EXHIBIT "B" t :! I .EXHIBIT Haptes, F' 33940 Affidavit of Publ, tcltt~fl Naples Dl~l.y Hevl BOARO OF COUNTY CC~HXSSXOflERS ATTN: NANCY SALOGU~ PO BOX &1~)16 NAPLES FL ~101-3016 13A2 REFERENCE: 0012~0 70~259 57576723 NOT/CE OF PUBLZ: HEA State of FLorida Co~ty of Collier Before the ~eratgned authority, appeared B. Laeb, vhoonoath ~ays that she lines as Assistant Corporate Secretary of the ~ptet Daily Ne~s, s daily neval~por published It NapLel, in Collier County, FLorida: that the attached cop), of advertising vas pubLished tn ~td n~spoper off dates Ltated. Affiant further says that the sa~ I~p~es Nevz ts a ne~spoper published at Xaple~, in laid Collier County, FLorida, and that the said newspaper has heretofore been continuously published tn said Collier C~unty, F:ortda, each day and has been entered al me~,~-,~ class mil ·atter et the post office in Naples, ~n CoLLt'er Co~ty, FLorida, for I period of I year next preceding the first publication o? the attached copy of adverttae~eflt; and affiant further says that she has neither paid nor proafsed any person, fire or coporatto~ any discount, rebate, comtaston or refund purpose of aecurtng this edverttsesmflt for pubL~cattofl in the said nevspaper, PtJE3LXSXED Off: 10/12 AD SPACE: 69.0~0 ZNCX FZLED OH: I0/~3/97 Signature of ~ff~nflt ./ ' ~ S~orn to and Subscribed before N this /~'/ d~/of RESOLUTION 97-.4~2 1:3A2 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A RETAIL PLANT NURSERY CONDITIONAL USE ~21" IN THE ~A~ ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "21" of Section 2.2.2.3 in an "A" zone for a retail plant nursery on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory 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 the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by William L. Hoover, AiCP, of Hoover Planning Shoppe and Wilkison & Associates, Inc., of representing Target Benefit Plan of Imperial Homes of Naples, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "21" of Section 2.2.2.3 of the ~A~ zoning district for a retail plant nursery in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: 1. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County Jurisdictional wetlands. 2. Buffers shall be provided around wetlands, extending at 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 wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 3. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5 4. CCLDC. · 4. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/ construction plan approval. 5. The Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 6. Although the proposed use is not significant in terms of projected traffic volumes, the use as a wholesale operation 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 (Old U.S. 41), is a two-lane major collector. The County will reserve the right to monitor the operation of this use and, if in the opinion of the County, a safety or operational problem becomes evident, the installation of either or both northbound -2- and southbound turn iane-~ will be required. 7. The applicant shall be responsible for the installation of arterial level street~lightinq at all project entrances at the time said entrances are constructed. 8. The final access geometry shall he subject to review hy the Transportation Services Department and shall he subject to a right-of-way permit. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this /_~ day of ~~___.._, 1997. .'ATTkST:'~:' . ~:~,.'D~WIGHT. E. BRoc.~":Cler'k Ap~ro'9~d.,as':to i. Form and Mal:J c~ie,/4. Student Assistant County Attorney f/CU-9?-i 8 RESOLUTION BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA -3- FINDING OF FACT COLLIER CO~~ BY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-18 The following facts are found: 1. Yes u.-'" No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval be recommen · ~ for 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 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 ingres~ & egress C. Affects neighboring glare, eco~D~mic or odor properties in relation to noise effects: , -- --- NO affect -- Affect mitigated by _ ---___Affect ca--~6~OCbe mitigated - Compatibility with adjacent properties and other property in the district: compatible use within district f/CU-97-18 FINDIN~ OF FACT CHAIRMAN/ EXHIBIT "A" ,~ etafied Legal Desert hon of Su . · : ~ _ P bject Pro,trw. r,,~ Section 10 To,shin 48S Ran~ 9~ ": ~[,-The South Half of the NOah Half 6f ~'?~ 10 Tomshi 48 South Range 25 E~i ~::~.~ ~vv rc~t ~omer coun Florida. Property Identification #: 9000000143520007 1 ' ' ':~ ~": `! :';"' '" ~ · "' "' ' ' Size of Property: 32 wide x avera e of 1370' d ' ,,,.,,o ee = 4.09:1: A,,,,.o oG;~er.,a!.Loc, aJ.i.on, of Subject Property: ~~mSide of Old U.S. 41. '1/3 miie north an l-ieaa mva. and 500 feet south of the Collier-Lee Coun Lines in North Na les Zoning of Subject Property: A~,ricultural Existing Land Use: Vacant and ye etated with a ' - - mixture of trees and shrubs inchdin some C ress trees icall on the western 1/2 of~ EXHIBIT "B" i COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING Og PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) Petitioner:. (Name & Address): m i i i ' hi 4 0 W I ' · 00 ni rin Fl ri 4 4 Name & Addar~ffi l~r~on(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing bet'o~ B Other Requested Hearing date: ~ff~~~ Based on advertisement appearing 15 days before hearing. Newspa~s) to be used: (Complete only if important): XXX Naples Daily N~ Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. V-97-9. Susan Hebel Watts of WCI Companion Ix'tigon(s), if any & proposed hearing: r . .D~__ ._P~tion Fee include advertising cost? [~¥e~ [] No IfYe~, what account should be charged for advertising costs: 113-138323-649110 Re'viewed by: Approved by: -- 9'. '> Division Head Date List Attachments: County Manager Date DISTRIBUTION INSTRUCTIQN,~ For hearings before BCC or BZA: Initiating per, on to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is Involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submittinR to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division Original B. Other hearings: Initiating Division head to appro~ and submit original to Clerk's Offce, retaining a copy for file. FOR CLERK'S OFFICE USE NO. DATE ST. TIME TOTAL'TIr~EIAI~I~R ID STATUS ~ DE~', ~I COm~.CO~ .3t 3 September 29, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition V-97-9 Dear Judi: Please advertise the above referenced notice one time on Sunday, October 12, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 704259 NOTICE OF PUBLIC HEARING Notice is hereby Given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, OCTOBER 28, 1997, in the Boardroom, 3rd Floor, Administration Buildinq, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-97-9, Susan Hebel Watts of WCI Communities Limited Partnership, requesting a 250 square foot variance from the required 1000 square foot minimum for multi-family units to 750 square feet per unit for property located in Pelican Marsh East, in Section 25, Township 48 South, RanGe 25 East, Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writinG, to the Board prior to the public hearinG. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) September 29, 1997 Ms. Susan Hebel Watts WCI Communities Limited Partnership 24301 Walden Center Drive, Suite 200 Bonita Springs, Florida 34134 Re: Notice of Public Hearing to consider a Petition V-97-9 Dear Petitioner: ~ ?~ '~ ~'~ Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997 as indicated on the enclosed notice. .The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. RELATING TO PETITION NUMBER V-97-9, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHERF2~S, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 250-square foot variance from the required 1000 square foot minimum for multi-family units to a 750 square foot minimum per unit as shown on the attached plot plan, Exhibit "A", in the Pelican Marsh PUD zoning district for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-97-9 filed by Susan Hebel Watts of WCI Communities Limited Partnerhip, with respect to the property hereinafter described as: Exhibit "A" be and the same hereby is approved for a 250-square foot variance from the required 1000 square foot minimthm for multi-family units to a 750 square foot minimum per unit as shown on the attached plot plan, Exhibit "B", of the PUD zoning district wherein said property is located, subject to the following conditions: a. Dwelling units consisting of one-bedroom/one-bath shall be at least 806 square feet. b.Dwelling units consisting of two-bedroom/one bath shall be at least 911 square feet. c. All other units will be in excess of 1,000 square feet. BE IT RESOLVED that this Resolution relating to Petition Number V-97-9 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote Done this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency: arjoHie M. Assistant County Attorney -2- · Legal Description Net 20 Acre Parcel A Portion of Pelican Marsh East i" Sect[on 25, T. 48 S., R. 25 E. ~ ; Collier, County, Florida , A tract or parcel of. land lying w/thin Section 25, Township 48, South, P,~mge 25 E~st, Collier County, Florida and being more particularIy described as follo~vs: i Commence at the northeast comer of said Section :~5, thence run S 02°d?'14'' E, along the east line of' said Section 25, for 100.03 feet to a point south Hght~of-w.~y line of' Immokalee Road (S. P,. #846) (100 feet wide), said south dght-of-way line also being the north I/ne of a 50 feet wide easement ifor road Hghi-of-way, draina'~e, utility and · maintenance purposes granted by Westinghouse ~ommunities of Naples, Inc. to Collier County and recorded at Of Hdal Record Book 1710 at page 379, Collier County public records and the POINT OF BEGINNING, From POINT OF BEGINNING run S 89°14'22''. W, along said south Hght-o£-way line of Immokalee Road and along said north iine'of'said easement, for 1325.55 feet to the west line of'the East one-half (E ~) of' the East one-half (E ½) of said SecHon 25; thence run S 01 °57'31" E, along said west line, for II 16.g0 feet; thence run N 89o14'22'' E for 1328.71 feet to the east line of said Section 25; thence run N 02°07'14" W, along said east line of Section 25, for II 16.g7 feet to the POINT OF BEGINNING. Containing 34.02 acres of land, more or Iess. Subject to the above described easement recorded at O. R. Book 1710 at page 379, a FP&L easement ! 10 feet ~v/de recorded at O. R. Book 160 at page 270, a FP&L easement 125 feet Wide recorded at O. R. Book 432 at page 720, the future right-of-way for Livingston Road and other easements, reservations or restrictions or' record. Bearings are derived from a bearing of S 02°07'14" E along the east line o~' Section 25, Township 48, South, Range 25 East, CoIHer County, Florida. 0 Exhibit'B, Nap[es OatLy AffJdav'it of PubLJcattofl 13A3 BOARD OF C(XJ~FY CC~FIISS/O~IERS ATTN: NANCY SALOGUB FO BOX &13016 NAPLES FL ~4101-3016 REFERENCE: O01Z.~O 70~59 57S76705 NOT/CE OF PUBL%C flEA State of FLorida ~ty of CotLter Before the uacleratgned ~uthortty, perm~etty appeared B. L~mb, who on oath m~ya that ~ lei'yen Ils Asststnflt Corporate Secretary of tho DotLy Ne~$, a daily fle~spepee I~bLishecl et tn CoLlier Co~mty, FLorida: t~t t~ lttl~ ~ of ndvertfat~ was published 4n utd news~r on dates Ltat~. Afferent further ~yl t~t t~ ~d Nel)~fl h~Ly He~$ ts a ne~sl~Pen ~JbHs~ at ~te~, CoLleen County, F~or~da~ ~ t~t t~ u~d ; newspaper ~a I~retofore ~ ~t~t~y mtter at the ~st off~ct ~n hp~es, ~fl ~d Colt~er C~ty, Florida, for 8 ~r~ of 1 next prec~t~ the f~rst ~L~t~ of t~ 8ttach~ c~ of ~ert~s~t; ~ Iff~Mt furt~r says t~t she has neither ~d ~n p~s~ ~y ~r~, f~rm or c~rat~ ~ d~sc~t, r~te, ~ or ref~ for ~r~te of secur~ th~s ~ert~s~t ~l~t~ ~n the se~d n~s~r. PUBLISHED 0¢¢: 10/12 AD SPACE: 60.000 ZNCH F/LEO ON: 10/13/97 £k,' RESOLUTION NO. 97- 414 RELATING TO PETITION NUMBER V-97-9, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 250-square foot variance from the required 1000 square foot minimum for multi-family units to a 750 square foot minimum ~er unit as shown on the attached plot plan, Exhibit "A", in the Pelican Marsh PUD zoning district for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-97-9 filed by Susan Hebel Watts of WCI Communities Limited Partnerhip, with respect to the property hereinafter described as: Exhibit "A# be and the same hereby is approved for a 250-square foot variance from the required 1000 square foot minimum for multi-family units to a 750 -1- 13, 3 square foot minimum per unit as shown on the attached plot plan, Exhibit "B", of the PUD zoning district wherein said property is located, subject to the following conditions: a. Dwelling units consisting of one-bedroom/one-bath shall be at least 806 square feet. b.Dwelling units consisting of two-bedroom/one bath shall be at least 911 square feet. c. All other units will be in excess of 1,000 square feet. BE IT RESOLVED that this Resolution relating to Petition Number V-97-9 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done .this _~o~'- day of ~-/- ',,' ..... ; ...... - '" --~ , 1997 .... · oF zos a APP S DWI~;~< E'~I''~B R~'~K ;' ' '~ f'e r k COLLIER COUNTY FL : .~ '} ~' ~.-~'": · .'"- ":-". _ -~ . , O~IDA ' ': ' .~ ' .~'~.,;''' TIMOTHY · HAN' -'; · ,~ '..e~' [! .., .-., ?. y. COCK, Chairman Appro~Ved 'as "to ~n~ and Le~a~ ~'-''' ~ ! · .' .- ~ -,- ou~zzc~ency: arjogie M. Assistant County Attorney -2- . Legnl Description Net 20 Acr~ Parcel A Portion of Pelican Marsh East ; . Section 25, T. 45 S., R. 25 E. Collier, County, Florida A tract or parcel of land lying within Section 25, Tmmship 48, South, Range 25 East, Collier County, Florida and being more particularly described ns follows: Commence at the northeast comer of said Section 1~$, thence run S 02°(17'14'' E, along the east line of said Section 25, for 100.03 feet to a point south right-of-way line of Immokalee Road (S. R. #846) (100 feet wide), said south right-of-way line also being tile north line of a 50 feet wide easement for roa. d righi-of-way, drainage, utility and maintenance purposes granted by Westinghouse Communities of Naples, Inc. to Collier County and recorded at Official Record Book 1710 at page 379, Collier County public records and the POINT OF BEGINNING. From POINT OF BEGINNING mn S 89°14'22''- W, along said south right-of-way line oflmmokalee Road and along said north linc'of said easement, for 1325.55 feet to the west line of the East one-half(E ¼) of the East one-half (E ½) ofsaid Section 25; thence mn S 01°57'31'' E, along said west line, for 1116.80 feet; thence nm N 89°14'22" E for 1328.71 feet to the east line of said Section 25; thence mn N 02°07'14'' W, along said east line of Section 25, for 1 i16.87 feet to the POINT OF BEGINNING. Containing 34.02 acres of land, more or less. Subject to the above described easement recorded at O. R. Book 1710 at page 379, a FP&L easement 1 I0 feet wide recorded at O. lq. Book 160 at page 270, a FP&L easement 125 feet wide recorded al O. R. Book 432 at page 720, the future right-of-way for Livingston Road and other easements, reservations or restrictions of record. Bearings are derived from a bearing ors 02°07' 14" E along the east line o~' Section 25, Township 48, South, Range 25 East, Collier County, Florida. I ! C~ STC;K~' LEqC II Exhibit"B" [11 t'?" -' "-*';' COLLIER COUNTY FLOR~A '-:::,'REQUEST FOR LEGAL ADVERTISII~TG OFPUBLIC HEARINGS r to the Board: Plea.se place the following as a: ~: ~,-> ~,::. Normal legal Advertisement ,: .... · ~,~ ,i~'.~./.~'.:i:i.~ i'i ~'['-] Other. location, etc.) : ' " '. '. . ".-- .... ' ..... . .-. r- · '.~,. '." '"' ' '~ - .... . . . . ~' r-'..~'!-,%<" L: · :...' ';.;:;. :,. . ,ting .Depgpiv.! .Comm. Dey.$erv.,/plannini '~(5 P, er~'n:~ ?~e~- ~~;~. ' Dale: o~, I'I~ ! q'l ' ~,'.: ",~'~.,; .:'~.;~'i%'.L ::,;;..:.1..4::r·, ~,,.;%~,--,~!.; C~,~.~,C- s~-:':+.~;~i: :n:--. '~--.'-.. ,- -~! -~ ..... ·--- 0~' none, give bncr descnphon):~ CU-97-20 ~i~'~r,~~.i:~-,,. ~,; .: :r ,-~ -.· .;.:-:, .·· · · . (Ii'mom space is needed,'~t~aih ~eParate sheet) "' ' Other l~i:l~t;"'-"'~'~l/c'~ <~ ;" ~' 'B'~ed'~n advertisement appearing 1$ ~la~,s before hearing. ',/.".'.i .~, :q'- '-e .cwspaper(s) to be used: (Complete only if important): · ' ' ' . -.7.;. '' ~.''-'· '~=ie* '-'' :.~ ·.~';.';3;·' :' ' '-- ' ""~'"" '' ' ' '.'~.L' '-"~..'5<' ,,e' ':a' -.- ' ' .-,, ...--..-,g ; '~. ;:., - ,News ': _.a..,:',.:'.,.,.~-,~ ':-'~'Othe'r ':~ ' :ii':' ~. w~' ". ; -'~-~, :~'a ,., :~- ............ ... ~,=..- ..,. ~..*',i~ .... . 9', ["] Legally Required · .(Include legal description & common location & Size: .petition NO, CU-97-20, Victoria Can', rel~resentinl House Of ' ' · ro located t401 uth nd Imm k I ' ' 4 wn hi 47 h n e29East Iii r un FI ri ~cres. . ,Companion petition(s), it'any & proposed hearing date: Does Petition Fee include adVertising cost? [] Yes ['l No IfYeg what account should be charged for advertising costs: :.:,':I 13-138323-64 9 i 10 Division Head Date County Manager List Attachments: Date .DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Div[slon Head approval before submitting to County Manager, Note: If legal document Is |nvolved, be sure that any neeessa~ legal review, or request for same, is submitted to County Attorney before submitting to Count)' Manager, The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Dhislon [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. · ;::' :!:5'.FOR CLERK'S OFFICE USE ONLY. '" '": '~*i' ,,:e~',.,~, ~ '... - ~.. '.-':,4~-,x,~ ..... -.: , ,~: ' ': ~., .. .... .~ .,, o. :-, '. ', ~r' r'/ ' z/at~/s,(rv'~rtisOd' /~ ~.: · 1 -:..' .,.: .,-, .' :- 't !!1111111111111111111111111111111111111111111111111111111111111 ilIIilIIiIIHIIilIlillilIIIIIilllIIliIIIIIIiiilIiiIIiiliiiiiiii, ROFJ'J~If- ~ & IIECOILDS cozzi~ c~ !FA,~ ~ (8~.~) 77,~-8408 " %m:o~'%fo~ (8:!.3) 77~-8~06 September 22, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition CU-97-20 Dear Judi: Please advertise the above re~renced notice one time on Sunday, October 12, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 704259 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public he~r~ng on .TUESDAY~ OCTOBER 28, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-97-20, Victoria Carr, representing House of Prayer of the Living God requesting Conditional Use "3" of the VR zoning district, for a church and community services for property located at 401 South Second Street, Immokalee, in Section 4, Township 47 South, Range 29 East, Collier County, Florida, consisting of 1.34 acres. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) ~ 13A4 September 22, 1997 Ms. Victoria Carr P. O. Box 5075 619 North Ninth Street Immokalee, F1 34143 Re: Public Hearing to Consider Petition CU-97-20 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION 97- A RESOLUTION PROVIDING ~OR THE ESTABLISHMENT OF A CHURCH AND COMMUNITY SERVICES CONDITIONAL USE"~3" IN THE ~VR" ZONING DISTRICT PURSUANT TO SECTION 2.2.9.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED'IN SECTION 4,'TO'SHIP 47 SOUTH, RANGE .29.EAST,~COLLIER COUNTY, FLOR I DA. WHEREAS, the Legislature of the State of Florida in Chapter ~nd'Chapter'~25, Florida Statutes, has conferred.on Collier.County the'~Power to establish, coordinate.and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divkS~0~s of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "3" of Section 2.2.9.3 in an ~VR" zone for a church and community services on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory 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 the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: ~.,. The petition filed by Victoria Cart representing House of Prayer of the Living God with respect to the property hereinafter described as: Lots 1 & 2, Block 2, South Immokalee Heights as recorded in Plat Book 3, Page 29, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "3" of Section 2.2.9.3 of.the &VR" zoning district for a church and community services in accordance with the Conceptual' Master Plan (Exhibit "B") and subject to'the' following conditions: Exhibit "C" which is attached hereto and incorporated by ........ ''B~"~f~'~a ............ RESOLVED that this ResolutioH be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ', 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjc~ie M. Student Assistant County Attorney f/CO-20 RESOLUTION I, Victoria Carr, as .authorized agent for Petition CU-97-20, agree to the following "stip~lati6'ns requested by the Collier County Planning Commission in':'th~i~' publi6 h~aring on October 2, 1997. , . .. . - . ,.:-,'~:~?~.~-~: ~<'~,~.~-.. a. The Cur.rent P!a~.n_in~.~Ma. nager, may:.approve minor changes in the location,' .szting, or. helght of buildings, . structures, -:,~and'...~:improvements.~..vauthorized ' bv : c°.ndzt~0nal .use:..:~Exp,~nsi~n.-of-~the~uses ~dentified and' approved w~th~n .this: cond~t~o?,a.1,. ~_use application, or major 'changes 't'6'~'~'~'~'i{'e'-~lan"~u~f~ted' as P'art "of this application,'~'n-4h~ail.require. · the submittal of a new conditional use application, and shall comply with all applidable County o'~dinances in effect at the time of submittal, including ~ Division .. 3.3, Site Development Plan Review and_~.app~pv, al, of. the Collier County Land Development Code, -Ordinance (91-102) . b. A Site Improvement Plan (SIP) must be submitted and approved by the 'Development Services staff prior to the occupancy of thi~ building as a church. State of Florida County of Collier PETITIONER OR AGENT The foregoing Agreement Sheet was acknowledged before me this day of , 1997 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) NOTARY PUBLIC NOTARY PUBLIC Commission # My Commission Expires: . --' ~" -' '.~ ~" ~-':'~ REPRESENTATIVE :FOR .CCPC "State of '~- ~" County of 'C6fli~ ~'~"~ ~ . The foregoing Agreement Sheet was acknowledged before me this day of , 1997 by , who is 'per~ona!ly known .9o me or who has .produced ._ as-identification and who di~ (did take an oath. (Signature of Notary Public) NOTARY PUBLIC commission # My Commission Expires: ~uxY. Z 14 Above property ~s ~ocated in flood zone 'X' Boundary Survey 401 South ~ond Street Lots ! and 2, Hlock 2 CollLer County, Florida Recorded in Plat Book 3, ~ 29, 'of t~e Official Records of Collier County, Florida Scalel 1" ~ 30' Apri! 22, 1997 £O.P. Certtftet to: Fleetv~x] Title Oorporatton Fidelity NationaX Title Insurance (:kz~ny of Pennsylvania Exhibit"B" 1 ROBERT M. SBU. RE~S~ ~ ~ NO. 3605 113~E LEE ~ L~ A~E~ ~ 33g~ l~ptes Det ty ~ geptes, FL 339~0 NapLes I~tLy ge~ BOARD OF COUNTY ATTN: NANCY SALOGUB PO BOX &l~16 NAPLES FL 3~.1CY1-~016 REFERENCE: 001230 704~9 575765qq NOTICE OF PUBLIC HEA State of FLorida Co~ty of CoLLier ~fore the ~ra~ ~rt~. as Ass~st~t Co.rate S~retl~ OatLy N~s, a ~n CoLLier C~ty~ Affect furt~r H~a ~s a n~s~r ~t~sh~ CoLLier ~ty/ FLort~. ~ t~t t~ ~(d ~s~r ~s heretofore ~ ~tt~sty ~[l~er ~ty, Flor~, for next prec~$q t~ f~rlt attac~ ~ of ~ert$~t; ~ iff~t furt~r ~ t~t pa~l~ ~y ~r~, f~rm dt~t, r~te, ~r~e of ~ecur~ th~ ~ert~l~t f~ ~Ltc~t~ ~n t~ a~d ~r. P~I~ED ~: I0/12 AD SPACE: 60.000 %NCH FXLED ON: 10/1]/97 Sworn to end Subscribed b~for~ .th$, /~ ~ ~ ~ RESOLUTION 97-.. 415 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH AND COMMUNITY SERVICES CONDITIONAL USE ~3" IN THE "VR" ZONING DISTRICT PURSUANT TO SECTION 2.2.9.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORI DA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "3" of Section 2.2.9.3 in an ~VR" zone for a church and co~ununity services on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory 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 the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Victoria Cart representing House of Prayer of the Living God with respect tO the property hereinafter described as: Lots 1 & 2, Block 2, South I~mokalee Heights as recorded in Plat Book 3, Page 29, of the<~Public Records of Collier County, Florida. be and the same is hereby 'i for Conditional Use "3" of Section 2.2.9.3 of the "VR" zoning district for a church and community services in accordance with the'Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED th~% ~his Resolution be recorded in the minutes of this Board. i This Resolution adopted afte~ motion, second and majority vote. Done this ~ day 0£I: ~.,j__ , 1997. ATTEST -' . ' DWIGHT' ~. ~.. BROCK~'~ler k · , ' '/'...~ % -. ', /., ~. '.:,_--: ... .. . ._ :. 'Ap, lSrove.d as' ~o.'Form and "-.L~ga 1 Su'f ficiency: Marjc~ie M. Student Assistant County Attorney .:'i~:~BOARD OF ZONIN~ APPEALS COLLIER COUNTY, FLORIDA TIMOTHY ~ ~O~K, Chairman f/CU-20 R£SOLUT I0~1 FINDING OF FACT BY COLLIER COUNTY PIJ~NNING 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 property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~,w 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 ingres~ & egress Yes~ u-' No C. Affects neighboring properties in relation to noise, glare, eco3~omic or odor effects: ~-' No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes a/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (e~s~%--s~) be recommende&i, for approval · RMAN~i/~~~, ~~' f/CU-97-20 FINDING OF FACT CKAIRMA/~/ '1.~. 6LtX.~. Abow property is located in floo~ ~e 'X' Boundary ~urvey 401 ~outh ~econd Street Lots I and 2, Bloclc 2 ~0UTH 13~¢3KAL~ H~OHT9 Collier Ouunty, FloriSa {~ecorded in Fiat Boc~ 3, I~ 29, of the O~ficial {~-cords of Oullier Ouunty, Florida Scale~ 1" = 30' April 22, 1997 C~tified to, Fie~tvood ~itle Corpormtiou Fidelity Nntional ?itls lnm~'anc~ Oumpnny of l~lvania VICTORIA ~l~- Exhibit"B" NOTE{ teeetb, d ufld,mlreund .lll{Ike m~l/~' Ib~ib'# NaT leeetml NOT VAiA Mthmd Ih~ idgnetwe MM ike mlglmd reMed aid el · 4. ~ 2.~n Fl~id~ L-I~N~I ~un~ym' md moptmw. (m4t) 3aa-74~ FAX.(B41) ~aa-?aa5 ~ No: 9348~0 (C) 1097 S.T.A.R. SUlWL~N~, INC.- All. it{CHIT ·.i~J' ~!.~ >,~: ~ '~'. . , / ' AGREEMENT !3A4 I, Victoria Carr, as authorized agent for Petition CU-97-20, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on October 2, 1997. a. The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). A Site Development Plan (SDP) or a Site Improvement Plan (SIP), whichever is applicable, must be submitted and approved by the Development Services staff prior to the occupancy of this building as a church. PETITIONER OR AGENT State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this. day of , 1997 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) NOTARY PUBLIC NOTARY PUBLIC Commission # My Commission Expires: -1- 1)A + REPRESENTATIVE FOR CCPC State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this ~-Di day of ~~, 1997 by /~,'C~.~/ ~ /~,~ , who is personally known~to me or who h~--pt~uced . a_- 4d~.nt~4on and who di~-(did not) take an oath. ~i~..~J~ ,~-t~~-'~--~ (~ignature of Notary Public) NOTARY PUBLIC Commission # C6~7~'~F My Commission Expires: ~/~/~: -2- Clerk to the Board: "' ' ' . . V 97 ........ ~ ...... ,~,,P,tlt~wr: (~ I ~r~s): Everglades Private '~r~oat -' 31000 Tamiami .Tra~l ~ast, ~verglades City, Fla. ,. 34139 li'e~~t En terprises) · liearT~g before: ~ ~ . ~lll~.~ . ~ Othe~ ,. ,' . . . * ..... '* . I ~ . -/ -- . .. :. t':;'~ ,.T"'.. ~rCs) to ~ ~: C~te:~ ~ty ti i~rtsn~ ~ .,"~.~,~:'.~' .'~ ~aples Oa~ly . . . ~., ~,' ~: ; . . :...... -: ~ ....-., .. or LegaLLy r~ir~ / ,) ~c;.. ~_; : ~ Other ~p~esentLng C~C Xea~la~ds ~e~es~tng a variance ~o~ Sec,/on 2.5.5.2.3.1. off ~he ~ ~o~ 2 add/~ionaZ ~ole s/gas ins~n~Zed an R/gboa~s D~ked on ~he ~ope~y along US-41, Zoc~ed in Sections 26 and 2~, ~o~shtD 52 Sou~h, Range 29 East. Companion I:etit{onCs), {f arty, ; ~c,?osed Mar|ag O~ Petiti~ Fee I~t~ ~si~ C~t? Yes ~No ~ If y~, ~at accel shard ~ charg~ for ~ertisJ~ costs: ~[3-~S3~2-649~00 P.O.fTO0012 List Attach~ts:(1) (2) (~) DISTRI8~I~ I~STR~TIONS /,-' ~: A. For hearTms ~f~ ~ ~ ~: Znitiatim mrs~ t~ c~tete*~ c~ ~ ~tain O~vist~.He~ zmro~t ~fore · ~itti~ .to C~V ~. ~OT[: If t~at d~ t'l l~tv~, ~ sur& t~at ~'~esia~ t~at revt~, or . ' , .... ' , ' · *' :fic'e *aT ti' '~.. :.~t - .... :,.~:.;:~;r~t for s~, is ~_~ to ., ::.:- -~ ' ' distri~e liillllillli, illlillllliillllllliilllllllllliillllillllllllillil 77/~-8z~06 September 22, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition SV-97-1 Dear Judi: Please advertise the above referenced notice one time on Sunday, October 12, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 704259 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, OCTOBER 28, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SV-97-1, Everglades Private Airboats, representing CMC Heartlands requesting a variance from Section 2.5.5.2.3.1. of the LDC for 2 additional pole signs installed on Airboats parked on the property along US-41, located in Sections 26 and 27, Township 52 South, Range 29 East, Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ~ ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) September 22, 1997 CMC Heartlands (Collier Enterprises) P. O. Box 1115 Immokalee, FL 34143 Re: Public Hearing to Consider Petition SV-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Co~issioners on Tuesday, October 28, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday; October 12, 1997. You are invited to attend this Public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 1 A5 September 22, 1997 Everglades Private Airboat 31000 Tamiami Trail East Everglades City, FL 34139 Re: Public Hearing to Consider Petition SV-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION NO. 97- RELATING TO ?ETITIONNUMBER SV-97-1, FOR A SIGN VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate andenforce.zoning and such business regulations as are necessary for the protection of the public, 'and WHEREAS,'the County pursuant~thereto has ~dopted a Land '~'~ Development Code (Ordinance No~'9i-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the g~anting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of %hearea" ~hereby affected, has held a public hearing after notice as in said reg~lations made and provided, and has considered the advisability of two additional pole signs, installed on airboats and parked on the property along US-41, from the required one pole sign to three pole signs as sho~a~ on the attached plot plan, Exhibit ~A", in an A-ACSC/ST zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of representing CMC hereinafter described as:~ Collier County, Florida, that: The Petition SV-97-1 filed by Everglades Private Airboa~,~Inc., Inc., with respect tolthe~..proper~ty~.. ? Exhibit ~B" ATTEST: DWIGHT E. BROCK, be and the same hereby is approved for two additional pole signs, installed on airboats and parked on the property along US-41, from the required one pole sign to three pole sig~s .as Shg.wn on the attached plo't plan, Exhibit "A" of the'A-ACSC/ST zoning ~istrict wherein said property is located. ~--~.~'~.-~. ~- ~ 'BE IT ~SOL~D that this Resolution relating~to'Petition N~er )711 be recorded in the min6t~s of this Board. ~'~' ~hi~ ~e~olutto~..a~p~ed after ~ion,. ~econ~. an~ ~aJortty vote. -: ..... BO~ OF ZONING Clerk COLLIE~ CO~, ~ORIDA ~'~ ~"~ '~ :"/'-" : TIMOTHY n. HANCOCK, Chairman ~.'~proved as to Fom and Leqal sufficiency: ~ar3o~e ~. ~stant Count~ ~ttorney RESOLUTION Affidavit of Pubt]~rtJon , q BO&RD OF C~ CORflZSSZCXeER$ ATTN: KAHCY SALOGt~ PO BOX &~3~i6 NAPLES FL 3~1~-~O16 REFEREHCE: OCli Z30 70~S9 57S76519 NOTZCE OF PUBLIC flEA State of Florida County of CoLLter Before the undersigned mu~horSty, perze~ally appeared B. ~, ~ on oath ~j,$ that ~ aa A~Mstant Corporate Secretary cfi the N~ples DaiLy Ne~, · dairy nevspeper pu~tJ~hed ~ NapLes, copy of advertising m pubtt~m:l in aid ne~peper on date~ Listed. Affiant further ~ that the laid II~Lel Ne~ ta · nev~peper pubLished ·t II~le~, tn laid CoLLier County, FLorida, end tl~t the laid ~r hez heretofore been conttnumaty pubLi,~ed tn laid CoLLier ~, Flortdas eech day and has been entered am s~ cL~z mil matter et the post office in IlapLe~, In laid CoLLier Cauntys FLoridas for · pertad ~f 1 ylar next preceding the ftrst publication of the attached copy of advertisement; and affiant further lays that ~ he· neither paid nor promised any per~on, firm or coporatton any alt·count, rebate, c~mtsMon or r~und for the purpose of securing thta edvertt~emant for publication in the laid neap·par. PtmLZS~EO mt: 10/12 AD SPACE: 59.000 INCH FILED Olq: 10/13/97 __ ~527 f~ r~..ass~ ~ cc~e~. EX~ES Fet~ lg. 20~0 Phillip Johnson P.O. Box 318 Everglades City, Fla. 34139 October 22, 1997 Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, Florida 34112 Re: Petition No. SV-97-1 Dear Mr. Hancock: 1}AS I am writing reguarding Petition No. S¥-97-1 in which Everglades Private Airboats is requesting a variance to install additional pole signs along U.S. 41 in southern Collier County. Their place of business is clearly visable from over ½ mile away and the signs they presently have can be read (while driving) from almost ~ mile away. In addition, if a customer were to miss their place of business, there is a very convenient place to turn around (the Everglades Chamber of Commerce) which you come upon in less than a minute. Recently numerous signs along Hwy 29 between U.S. 41 and Everglades City which represented several business in the area were removed by the county. We were lead to understand that this was done not only because they were in violation, but also because they were an eyesore. 'Are we going to let this happen on U.S. 41 Just to cater to one special interest? Additionally, do county officials intend to allow all businesses county wide this same privilege? I'm sure. that many in our area would like to place numerous signs along U.S. 41, but the purpose of our regulation,in part, is to keep our roadways from becoming wall to wall signs and billboards. In closing, I do not feel this variance is necessary and should not be approved by the Commissioners. Sinqerely, Philli/p E//Johnson RECEIVED OCT 2 3 1997 Board of Count.v Co~,~s~loners October 22, 1997 Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, Florida 34112 Re: Petition No. SV-97-1 scheduled Dear Mr. Constantine: 0 C T ;> 3 1997 ~O8rO OF cuuhl.~ Lo,~)ssJoners I am writing reguardinE Petition No. SV-97-1 in which Everglades Private Airboats is requesting a variance to install additional pole signs alone U.S. 41 in southern Collier County. Their place of business is clearly visable from over ½ mile away and the signs they presently have can be read (while driving) from almost ~ mile away. In addit~a~, if a customer were to miss their place of business, there:is a very convenient place to turn around (the Everglades Chamber of Commerce) which you come upon in less than a minute. Recently numerous signs alone Hwy 29 between U.S. 41 and Everglades City which represented several business in the area were removed by the county. We were lead to understand that this was done not only because they were in violation, but also because they were an eyesore. Are we going to let this happen on U.S. 41 Just to cater to one special interest? Additionally, do county officials intend to allow all businesses county wide this same privilege? I'm sure. that many in our area would like to place numerous signs along U.S. Al, but the purpose of our regulation,in part, is to keep our roadways from becomin§ wall to wall signs and billboards. In closing, I do not feel this variance is necessary and should not be approved by the Commissioners. ,+ Sincerely, E~Johnson COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as st: XXX Normal legal Advertisement [] Other:. (Display Adv., location, crc.) Originating Deptd Div: Comm..IX'v ServdPlanning Person'.j~ //r/f ,~/Ov ~'---~-'~- Date'. / .~ / ~q/"('~ Pctition No. 0f none, give brief description): 1~11,1~-97-2 Petitioner'. (Name & Addre~): Naplg~ Land Yacht l~r'oer, ln~.. 2801 Palm Slree~ Naules. Fl0rld~ 34112 Name & Address of any per~on(s) to be notified by Clerk's Office: (If mor~ space is needed, attach separale sheet) Arthur C, Quinn¢ll, 1~ Bgx 524. Marco Island. Florida 34146 Hearing before BCC~,~__~ , Other Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complcte only if important): Petition No. NUA-97-2, Arthur C. Quinnell, representing Naples Land Yacht Harbor, Inc., requesting a non-conforming use alteration to enable unit owners to replace existing non- conforming structures, as needed, in conformance with the Fire Code and so as not to increase the existing non-conformities, for property located at 2801 Pine Street in Section 11, Township 50 South, Range 25 East. Companion petition(s), ii'any & proposed hearing~ate: Does Petition Fee include advertising cost? [~Yes [] No II'Yes, what account should be charged for advertising costs: I13-I39323-649110 [~) '~ -70q~"~ Approved by: Division Head Date County Manager Date List Attachments: DISTRIBUTION INSTRU(~YrlONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute cople~: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: ~//~-z///,? DaleofPublichearin~ ./~,/~(/~'~ Dat~Adverfised: 13A6 ~ ~ !111111111'!1111111111111111111111111111111111111111111111111111 ilIlilIIIIIHIIIillilIIilIIiilIIIIlIilIIIIilillIIilIIIIIIIIlli (8:2.3) 77,;-84o8 (8~) 77z,-8~06 I~" OS_ ' 41 I~F'lal' 14 I~F' 01'5'7 EM'01'54 C:~3 8345 926J48~4 941'Z7,~61'79 September 22, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition NUA-97-2 Dear Judi: Please advertise the above referenced notice one time on Sunday, October 12, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 704259 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, OCTOBER 28, 1997 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamlami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition o NUA-97-2, Arthur C. Quinnell, representing Naples Land Yacht Harbor, Inc., requesting a non-conforming use alteration to enable unit owners to replace existing non-conforming structures, as needed, in conformance with the Fire Code and so as not to increase the existing non-conformities, for property located at 2801 Pine Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) RESOLUTION hO. 97- RELATING TO PETITION NUMBER NUA-97-2, FOR A NON-CONFORMING USE ALTERATION ON: PROPERTY HEREINAFTE...~ DESCRIBED IN COLLIER ~ COUNTY, FLORIDA. . ...... i~ -- WHEREAS, the Legislature of the State of Florida in Chapter 125, ,~' Florida Statutes'," ha~'confe~red'On'all counties in Florida the power to '"establish, coordinat'e and enforce zo~n~ng and ~uch bushiness regulations as are necessary-for the protection of the public, 'and WHEREAS, the County.pursuant~thereto has.-adopted a-Land Developme -';:' '~ ~.':~2~.'1'~'~'~: ~'~'"::'q~ '5~! fwhi'~h~;"s'~blishes'"r~gul~tiOnse for the zoning uoae .... ~',-'.,- .......... ':r:.A".-.~' ........... _ . ular e~' ~Phi~'di~isi'~n-~ ~. the County, -among which is the : partic g ~g.~-- .z : -. .'-:-,. ~" ':~ .~. ...... , ' ' ~ '"'..;A:''~:.':~: · ' ' ~ - ~ '~ -~'~i~ ,~ '- .~'.~", ."~. :~:~-,~.,,~t"t~',~'- · ';.~':granting of requests for non-conforming use alterations, and WHErEAs, the Board of Zoning Appeals, being th.e. duly elected constituted board of the area hereby..affe.cted, has.held a public hearing · J ' · .:. 4 "~" after notice as in said .regulations made .and provided, and has considered the advisabi..lity of non-conforming 'use 'alteration to enable unit owners to replace existing non-~onfo~ming structures, as needed, in conformance with the. Collier County Fire Code and so~as not to increase the existing non-conformities as shown on the attached plot plan, Exhibit "A" for the property hereinafter described, and has found as matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1.8.10.4 of the Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition NUA-97-2 filed by Arthur C. Quinnell, representing Naples Land Yacht Harbor, Inc., with respect to the property hereinafter described as: EXHIBIT "B" be and the same herebv~~ ~....~ ,-~. __is approved for a non-conforming use ~a. lteration to enable 'unit :o~n~rs ' t'o..~_e/pl.a__c_e.~x~s~ng ~',.no.n~.n~_o~ng~t.~r.u.~t~u~e,S. ~.. as ...,,-,:~~ , .. .:".needed, in conformance with the Coun'ty Fire Cod~ a~d so as not to increase the existing non-conformities as shown on the attached plot plan, Exhibit "A" of the MH Zoning DistriCt wherein said property is located "' BE IT RESOLVED that thais Resol NUA-97-2 be recorded in the "~'>" This Resolution adopted aft 9n 'relattn~'t6~"Petition Number this Board .' ~:'1~; secohd and majority vote. Done this E.?~BROCK, Clerk "Marj~ie M. Student Assistant County Attorney f/NUA- 97-2 RESOLUTION/ day o~ '~:.TIMOTHY L. HANCOCK,' Chairman Approved as to Form and Legal SufficienCy: .... , 1)A6 The subject -<itc is located at 2801 Pirie Str~¢t in g¢cti01~ 11, T~whship $0 South, Range 25 East and is furthcr described _S~k. LESS the .L'eet:erlv -~hereo~ 'and the ~ ~ ~..* .-~'~ ' ~ou~herly ~0 ~ee~ ~hereoff~ ~d the ~es~.~ o~the SEk ae~ Creek C~al.gase.-~?:' :~ ~C, ~SS the Northerly ,~ ' September 22, 1997 Mr. Arthur C. Qui~ell P. O. Box 524 Marco Island, FL 34146 Re: Public Hearing to Consider Petition NUA-97-2 ? Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997, as indicated on the enclosed notice. The legal notice pertaining t6~thiS petition will be published in the Naples Daily News on Sunday,~October 12, 1997. You are invited to attend this 'Dubllc hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure September 22, 1997 Naples Land Yacht Harbor, Inc. 2801 Palm Street Naples, FL 34112 Re: Public Hearing to Consider Petition NUA-97-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. You are invited to attend this~public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Afftdev~t of Pubt$catt~ BOARD OF COUNTY COflRISSIOfl~RS Am: NANCY IALO~UB REFERFJqCE: ~1~ ~9 5757~ ~TZCE OF State of C~ty of Co~tte~ ~fore t~ ~ers~ ~rtW, ~r~tty es Ass~stMt ~rmte Afl,mt furt~r H~s ts CoLUer ~ty, FLor~, ~ t~ t~ M~d ~.t ~Lts~ ~ ~ ~s ~ ~te~ ms se~ class mil CoLLter ~, FLort~, for ~x% prec~S~ t~ first ~ttnttm ~ t~ attac~ further ~s t~t 8~ ~s ~it~r ~4d ~ ~r dts~t, r~te, PUBLISHED ON: 10/12 AD SPACE: 64.000 XNCH FILED C~: 10/13/97 Signature of AffJint //~ s~ ,o .~ ~.,t~ ~for,. tbS, ~ de, of ~ ~ Ju~ A. Flanigan · l A6 RESOLUTION NO. 97-416 RELATING TO PETITION NUMBER NUA-97-2, FOR A NON-CONFORMING USE ALTERATION ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER · COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of requests for non-conforming use alterations, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of non-conforming use alteration to enable unit owners to replace existing non-conforming structures, as needed, in conformance with the Collier County Fire Code and so as not to increase the existing non-conformities as shown on the attached plot plan, Exhibit "A" for the property herei~after described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable mat~ers required by said regulations and in accordance with Subsection 1.8.~014 of the Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition NUA-97-2 filed by Arthur C. Quinnell, representing Naples Land Yacht Harbor, Inc., with respect to the property hereinafter described as: EXHIBIT "B" be and the same hereby is approved for a non-conforming use alteration to enable unit owners to replace existing non-conforming structures, as , 3A6 needed, in conformance with the Collier County Fire Code and so as not to increase the existing non-conformities as shown on the attached plot ~plan, Exhibit "A" of the MH Zoning District wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number NUA-97-2 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Dpn.e .th.is i,~.~.~ ..day of ~, 1997. ~J~' DwIGHT~'E.~,~ROCr; ,Cierk ' ~COL~R COUNTY, ~O$IDA i~ ~~~,¢~ ~-' r ~IMOTH . ~0CK,- Chairman ~i pro~d as t~,..Fom and Legal u '-- Marj M. ~nt Assistant County Attorney f/NUA-97-2 RESOLUTION/ LEGAL DESCRIPTION 25 East and is further described as follows: !' The Veec ~ 02 ~:he ~ of~ i:he ~, ~S 70 fac o~ Cb ~ o~ Ch ~S C~ ~ecl7 ~0 ~eeC ~f~ ~ Se~c~ ~1. w~p SO 'S~ch. ~e 25 NUA-97-2.,'R. VB/rb ......... , :'..?.~[ ~-~ 7~-'~ COLLIER COUN _Ty~FLORIDA ) '. ...~: :. # o · ~:, REOUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS Clerk to thc Board: Please F ~XX Normal legal Advert Adv., location, etc Originating Dep~' D~v: ':Co none, give . (Na/%'& Address): ~pamtc Pe~i~ion. No. V-97-7, ~i~1~ .~( '- Shoppe and David ?S;'~/k~son, ~eques~Ln7 a variance o~ 0.91 acre ~rom ~he mtntm~ 1o~ a~ea requ/~e~ea~ o~ 5.0 ac~es ~o 4.09 acres of 33 ~ee: ~om the ~e~iged 165'~oo~ ~o~ w~d~h to 132 ~ee~; and, a 5 ~oot varLance ~rom the property located on the ~es~ side o~ Old U.S. 41, approximately 500 fee~ sou~h o~ the Lee-Collie~ Coun~y Line, in Section ~0, Township 48 Sou~h, ~ange 25 Eas~, Collte~ County, Florida. (CompanLon ~o: CU-9~= I13-138323-649110 _ Reviewed by: List Attachments: Dalc %. DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Inltiatlng person to complete one coy and obtain Division llcad approval before submitting to Count)' Manager. Note: If legal document is im'oh'ed, be sure that any necessary legal review, or request for same, is submitted to Count)' Attorney before submitting to Count)' Manager. The M:mager's office will distrlhute copies: - .* . [] County Manager agenda fiD: to ' [] RequestingDivlslon [] Orig;nal .... Clerk's Office ' -' .. - "- : ' .... .,4 ' · ." ,~"),,,: ," '-. ~ ".'.(:;' . '. ' * " B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a cop)' for file. · ou zu 'S ornc tF'~r~'"~' ~' DateRecen~: .' RESOLUTION NO. 97-__ RELATING TO PETITION NUMBER V-97-7, FOR VARIANCES ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of thC'State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection ~f.~he public; and WHEREAS, the County pu~s~an~'thereto has adopted a Land Development Code (Ordinance No. 91~!o~!..wh~h~e~.~ab~!~hes regu~9~i°~s.f°r the zoning ~'of particular geographic divisions .of the County, among .which is the granting of variances; and WHEREAS, the Board of zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing d after notice as in said regulations made and provided, and has considere 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 foot lot width to 132 feet as shown on the attached plot plan, Exhibit "A", all in an "A" Agricultural zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development.. Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-97-7 filed by William L. Hoover, AICP, of Hoover Planning Shoppe and David S. Wilkison, of Wilkison & Associates, Inc., representing Target Benefit Plan of Imperial Homes of Naples, Inc., with respect to the property hereinafter described as: '% · ~ .~3.~Exhibit ~A" EXHIBIT "A" ~12 ~14 September 29, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition V-97-7 Dear Judi: Please advertise the above referenced notice one time on Sunday, October 12, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 704259 NOTICE OF PUBLIC HEARING 1 A7 Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, OCTOBER 28, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A~M.~ The Board will consider Petition V-97-7, William L. Hoover, AICP,~of~.Hoover Planning Shoppe and David S. Wilkison, of Wilkison & Associates, Inc., representing Target Benefit Plan of Imperial Homes of Naples, Inc., requesting a variance of 0.91 acre from the minimum lot area requirement of 5.0 acres to 4.09 acres in the "A" district; a variance of 33 feet from the required 165 foot lot width to 132 feet; and, a 5 foot variance from the required side setback of 20 feet to 15 feet for property located on the west side of Old U.S. 41, approximately 500 feet south of the Lee-Collier County Line, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. (Companion to Petitton CU-97-18). All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) iSeptember 29, 1997 Target Benefit Plan of Imperial Homes of Naples, Inc. 868 99th Avenue North Naples, Florida 34108 Attn: Daniel E. Conley, Trustee Re: Notice of Public Hearing to'~conslder a Petition V-97-7 Dear Petition r: .... -~.~.~; , .3~,,~ > , Please be advised that the above~r~ferenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997 as Lindicated on the enclosed notice.~The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. .' You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. William L. Hoover, AICP David S. Wilkison, P.E. MI. A7 September 29, 1997 David S. Wilkison, P.E. Wilkison & Associates, Inc. 3506 Exhange Avenue Naples, Florida 34104 Re: Notice of Public Hearing to consider a Petition V-97-7 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997 as indicated on the enclosed notice.. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Target Benefit Plan of Imerial Homes of Naples, Inc. William L. Hoover, AICP · September 29, 1997 William L. Hoover, AICP .... Hoover Planning Shoppe .... 5051 Castello Drive, %220 Naples, Florida 34103 Re: Notice of Public Hearing to consider a Petition V-97-7 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissionerson Tuesday, October 28, 1997 as indicated on the enclosed notice. ~The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. "~,~ You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Target Benefit Plan of Imerial Homes of Naples, Inc. David Wilkison, P.E. NapLe~ D8t Ly Heys BOARD OF COUflTY COI~ZSSZOflERS ATTN: NANCY SALOGUG PO BOX 4130q6 H~PLES FL REFERENCE: 00'1230 57576732 State of FLor.ida 704259 *~ NOTICE OF Iq~Ll~C NEA Cowry of CotLtee M Before the undersigned aut~oe.ity, peesmaLty ' eppdHired B. Lamb, vho on oath says that she serves as Ass.istant Corporate Secretary of the Naptes .in CoLLier Ceunty, FLor.ida: that the attached copy of advertts.ing vas published .in said i~ nevspeper off dates Listed. Aff.ia~t further says that the se.id Naptes Hevss .ia a newp~qoer i:~bl..ished a'c NapLes, .in CoLL.ier Count/, fLor'ida, m'xI 'thet the se'id ~ newpeper has heretofore been ccflttmJ~JSty ~ ~ pubL.ished tn said CoLLter C~Jnty, FLoe.idle,, sam day arcI haa beefl eflterod az ze,~,.-~ class sm.iLl'. stutter at the post off.ice in NapLes, in se.id '~. CoLL.ier County, FLorida, foe a period of I year next preced.ing the f.irst pubLtcat.ic~ crf t~n attached cc~y of advert.isem~t; ~d further says that she baa ne.ither pc.id noe proatsed an), person, fire or coporet.iofl any discount, rebate, comtsatafl oe t~f~KI foe the pur~;-~e of secur.ing this adverttsene~ foe pubLtcat.iofl in the said nevapaper. PUBLISHED c~q: 10/12 AD SPACE: 74.000 ZHCH FZLED (:W: 10/1]/97 RESOLUTION NO. 97- 413 RELATING TO PETITION NUMBER V-97-7, FOR VARIANCES ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of 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 foot lot width to 132 feet as shown on the attached plot plan, Exhibit "A", all in an "A~ Agricultural zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-97-7 filed by William L. Hoover, AICP, of Hoover Planning Shoppe and David S. Wilkison, of Wilkison & Associates, Inc., representing Target Benefit Plan of Imperial Homes of Naples, Inc., with respect to the property hereinafter described as: Exhibit "A" -1- be and the same hereby is approved £or a variance of 0.9l acres from the minimum lot area requirement of S.0 acres to 4.09 acres; and a variance of 33 feet from the requ£red 165 foot lot width to [32 feet as shown on the attached plot plan, Exhibit "A", all in the ~A# Agricultural zoning district wherein said property is located, subject to the following conditions: 1. The variance is only for the encroachment depicted on the attached plot plan. BE IT RESOLVED that this Resolution relating to Petition Nun%bet V-97-7 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. -: "' ..... · ', ". ". ~BOARD OF ZONING APPEALS DWIGRT~E. BROCk,¢~lerk 'COLL/ER. COUNTY, FLORIDA , ApP~oved'~Si,~o' P6~m and Legal SuffiCiency: Marjo~ie M. ~tu~ent Assistant County Attorney ¥-97 ~SO~UTXO~ · .9_. COLLI£R COUNTY FLORIDA ~+ ' REQUEST FOR LEGAL ADVERTISING OF PUBLIC ltEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal ^dvertiscmcnt [-I Other:. 13A8 (Display Adv., location, crc.) Petition No. (Ii' none, give brief de~ription): V-97'~ ' Pctition~. (Name & Ad~): # m S067 Name & Address of any l~rson(s) to be notified by Clerk's Office: (If more space is needed, atiach separme sheei) Q'~leill, I?1 S. Collier Blvd.. 6-206. Marco Island. FL 31145 Hearth[ before BCC ~ Other P.~ested H=ring d~te: \ ~/'C~' O ~ q q Based on advertisement appearin, 15 days before h=ring. Nmvspap~r($) to be used: (Complete only it' important): XXX Napks Daily News Other [] Leg~lly Required Proposed Text: (Include legal description & common location & Size: ~ition No. V.97-$, Stef'nni L,m O'Neill r~resentin~ K L K £ in 17 ' ' r f2 $~ 6 r ~ 1'/25 Win Dri h r ' K ' ' ' Companion petition(s), ~'any & proposed hearing date: Does Pc~Jtion Fee include advertising cost? [] Yes [] No Ir'Yes, what account should be charged for advemising costs: 113-13B323-649110 Approved by:. Division Head Date Count, Manager Date Li~ Attachments: p~s-r~t~J'r~O~ ~'r~uCr~oNs A. For hear~ng~ before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before mbmittlng to Cmmty Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submlttlng to County Manager. The Manager's office will distribute cople~:. [] County Manager agenda file: to [] Request. lng Division [] Original Clerk's Office 13. Other h~arings: Initiating Division head to approve and submit od~inal to Clerk's Office, retaining a copy for file. ~m ~: _ Date of i n~ _ / ~ , Date A~: - ["2tZ ~0: 9,1,.~. ~ :~0: 94,Z -r74-84o6 NO. 'i ~TE ST i 3,45 346 - Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition V-97-8 Dear Judi: Please advertise the above referenced notice one time on Sunday, October 12, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. . Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 704259 NOTICE OF PUBLIC HEARING 'Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, OCTOBER 28, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-97-8, Stefani Lyn O'Neill representing Howard J. & Kay L. Krapf, requesting a 17 foot variance to the required rear setback of 25 feet to 8 feet, for property located at 1725 Winterberry Drive, further described as Lot 1, Krapf Subdivision as recorded in Plat Book 25, Page 53, of the Public Records of Collier.County, Florida. All interested parties are invlted to attend, to register to speak and to submit their objections, if any,' in writing, to the Board prior to the public hearing. .. ' Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) September 29, 1997 Stefani Lyn O'Neill 173 South Collier Boulevard, G-206 Marco Island, FL 34145 Re: Notice of Public Hearing to consider a Petition V-97-8 · Dear Petitioner: · Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Howard J. & Kay L. Krapf September 29, 1997 · 'J. 3A 8 ', Howard J. & Kay L. Krapf 700 Savage Road, Suite #1 Northampton, PA 18067 Re: Notice of Public Hearing to consider a Petition V-97-8 Dear Petitioner: " Please be advised that the above referenced petition will be considered ~ by the Board of County Commissioners on Tuesday, October 28, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Stefani Lyn O'Neill ,19A8 RESOLUTION NO. 97- .. RELATING TO PETITION NUMBER V-97-8, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 17-foot variance from the required rear yard setback of 25 feet to 8 feet as shown on the attached plot plan, Exhibit "A", in an RSF-3-MIZ0 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County and on an interim basis for the City of Marco Island; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-97-8 filed by Stefani Lyn O'Neill, representing Howard J. & Kay L. Krapf, with respect to the property hereinafter described as: Lot 1, Krapf Subdivision, as recorded in Plat Book 25, Page 53, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 17-foot variance from the required rear setback of 25 feet to 8 feet as ~hown on the attached plot -1- plan, E×hibit "A", of the i,trict wherein said property is located, subject to the"following conditions: 1. The required yard for the western side yard shall be 25 feet for the principal structure, and 15 feet for accessory structures. 2. This variance is granted for the encroachment depicted in Exhibit "A" only. Any other encroachments shall require separate variances. % BE IT RESOLVED that this ResolUtion relating to Petition Number V-97-8 be recorded in the Minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency: ~rjo~Jie M. S6udeht Assistant County Attorney f/ V-97-8 -2- BOARD OF COUNTY COflRZSSZOI4ER$ ATTIq: NANCY SALOG~ PO BOX &13016 NAPLES FL 3~101-3016 REFERENCE: 001Z~O 70~$9 57S7~657 HOTZCE OF PUBLZC flEA Stere of FlorJ~ ~ of Collier ~ B. ~, ~ ~h ~s t~ ~ as Asstztmt ~rete ~c~ta~ ~ t~ Afft~ f~br ~ t~t h Hid ~LLt~ ~, FL~t~, ~ ~t ~ ~td ~ ~s ~e~ ~ ~c~smlL Ntter ~ t~ ~t office tn ~Lfl, tn ~td ~tLter ~, FLort~, f~ I ~ ~ 1 dts~t, r~te, mt~stm ~ rff~ f~ ~Lt~tt~ tn t~ ~id ~r. ON: 10/12 AD SPACE: 60.OCX) ZNCfl FZLED Off: 10/13/97 Stgrmture of Affiant Svorn to md Subzcrtbed~ .' · /'-) ,'"~/) . 'bef°r' me.tht. ~ day of ~ 19~ Permtty kn(~ by me ~ CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this ..~ V day of .~?~ff~ 1997 between Longshore Lake Joint Venture, a Florida ~, "~, ,-----'--(:- h~.~.~aRer mftm-ed to as the "Develop~ and the Board of County Commissioners of Collier County, Florida, hereinafter reforred to as the "Board". 1. Developer has, simultaneously with the delivery of this Affreement, applied for the approval by the Board of a certain plat ora subdivision to be know as: Longshore Lake, Unit 4 2. Division 3.2 of tho Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat NOW, THEREFORE, in consideration of tho foregoing lavmises and mutual covenants hereinafter set forth, Developer and tho Board do hereby covenant and agree as follows: 1. Developer will causo to bo constructed roadways, drainago facilities, water and sewer facilities, lighting and siguage, within 24 months from tho date of approval of said subdivision plat, said improvements her~inaf~ referred to as tho required improvements. 2. Developer herewith agn~ to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve tho plat for recording until said improvements have been completed. 3. Upon completion of said improvements, tho Developer shall tender it subdivision performance security in tho amount of $10,355.13 which represents ten percent (10%) of tho total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, tho Developer may request tho Board of County Commissioners to approve tho subdivision plat for recording and grant preliminary approval of said plat. 16Al 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's en~neer along with the iinal project records have been furnished to be reviewed ~nd approved by ~he Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either:, a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Serx4ces Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the ten percent (10%) subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secur~ 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. ~.\Hma_715hWPX1956~86029~W'I'L"'V:&mllu470717.do~ executed by their duly authorized representatives this .~.~ . day of (--~ , SIGNED, SEALED AND DELIVERED IN . THE PRESENCE OF: Witr~ss #1 Printed Name Below L,.,~ h,q 'a'-' Witness #~ ' Printed Name Below Longshore Lake Joint Ventur~ a Florida General Partnership By: Napl~ Properties, Inc. a Florida Corporation, as General Partner Sandr~ Hesse, Vice President with full pg~er and authority to bind the partnership 4500 Executive Dr., $$300, Naples, FL 34119 ,,: A,.TTES ...: .,. ~..',. · . .,. .... . .', '; ,, ?,~ ..:,..~ DWIGHT E; B..R~CK, CLERK .,-' ;:~, ,).'?.' [...' ,,.~: -.'....' ',:~ :' C'A~ro(,ed ~s t~.£orm and legal sufficiency: avid~2. ~V~igel Collier County ^ttomey BOARD OF COUNTY COMMISSIONERS OF COLLIER cOLrNTY,,?~A Timoth/L. Hmcock Chairman \q-trna..715~s~\1956~602~~1u4707 i 7.doe Collier eau'Ky, Ftorlcb II~alJEST FCI! LE~I,L /IDYEIITI$IIIG Of IqJILIC IIFJ~lllGS 11/2~8&-S50 To: Clerk to the 8oard: Ptem p~ice the loitering is e: (01~ ~., t~ci~, etc.) CSI~ cteirty) N~ & A~ess of ~ ~rs~(s) :: ~ mcift~ ~ Clerk'S office: ~A~ ~ A~e ~ (If rare s~ce ~, at=~h S~ ate Hearing before: ~ ~ f'---'7 8ZA /-'--"J' OCher Requested hearing dace: OCT. Z(: IC~Ct 'i _ Issed on mh~rtlsem~'~ appearing __ .a~ before hearing. Wevspaper(s) Co be used: (Coq~tete only if or te~al, ty required ~ ~ Other_ '~'/4,}0 T! i~..~..,~ Proposed Text: (Xnctuc~e tegat desC~tl~tOn & ~ul=lttin~ to Oxat~ I~a~a~r. II01~: The I~mg~'s MfIce ~ttt dlstrl~e ~i~: PUBLIC NOTICE 1612 On October 21, 1997 the Board' of County Commissioners will consider a Resolution to vacate a .portion of the recorded plat of ,,Southampton Unit One", and approve for recording the plat of .Stonebridge Unit Four". The~ item is scheduled to appear on the Consent Agenda as ,,RECOMMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF ,STONEBRIDGE UNIT~.FOUR", AND APPROVE THE VACATION OF A PORTION OF THE RECORDED PLAT OF ,,SOUTHAMPTON UNIT ONE", PETITION AV-97-018". Persons wishing further information, or to have the item removed from ithe Consent Agenda and placed on the Regular Agenda should cont~ct4~%he'i~Planning Services Section of the Community Development and "Environmental Services Division of Collier County Government at1403-2400. 2 4 $ & '7 9 I0 RESOLUTION AUTHORIZING THE ACCEPTANCE OF STOBEBRIDG UNIT FOUR A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN A~ ~OUTHAMFTON UNIT ONE, AND AUTHORIZING THE VACATION OF A PORTION OF TRACT GCP, OF A PRE~IOUSLY RECORDED PlAT OF SOUTHAMPTON UNIT ONE ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION AV- 97-018 WHI251S; the Board of County Commissioners of Collier County, Florida, on June 25, 1992, approved the plat of Southampton Unit One for recording; and ~ ~.~. ~S, Taylor Wo~row Co~un~ties is replatting a portion of ~act GCP, and hal file~ fo= a repla~ of said lands~ and ~S,-except asLprovlded for in th~s Resolution, this re 1at does ~ot e~in~fsh or in an~ay affect ,the de~ications ' ':' ~~lor'~Wa~oW-Co=tni'ies desires ,o vacate a . ortion of the ;previously irecorded pla=-as described in 'E~lbit A; ~S,-thiwParc~, the approved plat of Four, is a part .~oi a previously approved and recorded pla~, Southampton ~nit One, and the ~iling and recording of this approved plat shall not affect access to lots previously conveyed under the Southampton Unit One pla~. ~:z:'~ ~' :? --' 2' .. - CO~Y CO~SSIO,~ LOF.~I~ .~0~,. F~RIDA, tha~ th~ plaid; -Stonebridge'Unit}Four~a.pa~ 'of a'prevlously approves aha recor 1at, Southamptog' ~nit]O~e,'~ls hereby approved for recording and the ~edications containet~on ~e plat of Stonebridge Unit Four. are hereby accepte~,..and those >lands described 'in ~ibit A are hereby 38 vacated. Said vacation shall become effective upon recordation of 3~ the subject plat. ~ ' ' 40 41 BE IT ~-REsOLVD ~D O~ED that the Clerk of the 42 Circuit Court shall make proper notation of this action upon the 41 previous plat' and record a certified copy of this replat and a 44 certifle~ cop~ of ~e vacation resolution in the Official Records of 4S Collier County. 47 ~is Resolution adopte~ after motion, second and majority 48 vote favoring same.. -, 49 ~I DATED: t2 A~EST: ~7 By: ~8 TIMOTHY L. ~COCK 6~ Approved as to fo~ an4 legal 62 suf ficien~: ~5 H~di~F; Ash~o~ ~ Assistant Collier County Attorney 67 ]'6 2 ' ' 89-29 14:~8 ~ 14:49 ~'~ ~ 13: 1~ ~0~..~ ~1~ ~ 5 ~~11 1~1 ~:18 ~'14 ~1 591 ~ ~ 2 ~10 1~ 14:~ ~,~ ~ ~ 4 ~12 1~ ~:~ ~81'~ ~ ~ 5 ~IA l~ 13:~ ~81'~ ~~T~i~}* : t~: ~ j,..~ ~ID , - *?~'~,.~ ]uT~ ~ 124 ,, October 7, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition AV-97-018 Dear Judi: Please advertise the above referenced notice two times, one time on Sunday, October 12, 1997 and one time on Sunday, October 19, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. ~ Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700897 PUBLIC NOTICE On October 28, 1997, the Board of County Commissioners will consider a Resolution to vacate, a portion of the recorded plat of "Southampton Unit One", and approve for recording the plat of "Stonebridge Unit Four". This iten~ is scheduled to appear on the Consent Agenda as "RECOMMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF "STONEBRIDGE UNIT FOUR", AND APPROVE THE VACATION OF A PORTION OF THE RECORDED PLAT OF "SOUTHAMPTON UNIT ONE", PETITION AV-97-018". Personswishing 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) ::: ~';?.~,. ,,.OF ,,. A :: PORTIOI¢ ~ O.F-.-~TBE, ,'" :-'b: Z ...'[,~r s~o~ i'~v. -.9 7., o.~." ;.._ ' ::'. ~:..~. '.have ':~:he I': ~tem :-r emo.ve<~ '. fr~u · ... "".Regular :Ag :' '-'.?-"the' ' '' ! ::- . ,' - . .... ., .. .'.- · ;.,.~., October 7, 1997 Taylor Woodrow Communities 9808 Airport Road Naples, FL 34109 RE: Notice of Public Hearing to consider Petition AV-97-018 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997, as indicated on the enclosed notice, li~The legal notice pertaining to this petition will be published in theNaples Daily News on Sunday, October 12, 1997 and Sunday, October 19,"19977 You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Affidavit of Publication NapLe~ DaiLy Nays ! BOARD OF C04~fI~ COF~I$SIOflERS ATTN: NAHCY SALOGUI3 PO BOX NAPLES FL REFERENCE: C)Oq 7-~-~0 700897 57579~&1 PUGLTC NOTICE Off Oct State of FLortda Cowry of Before the undersigned .uthortty, appeared RngeLa Bryant, vho ~ oath aay~ that ~ ~erve~ is A~sist~t Secretary of the Napte~ laXLy Ne~, a daily he.paper pubLt~ed et Neptfl, tn Cotttee County, Ftoetde: that the attached copy dete~ ttsted. Afftmt further ~1 that the ~atd. Napt~ laity I~ taa he.peter pubtt~ed et Rapier, in utd CoLLier Cowry, Ftorida, afld that the utd nev~epee h~ heretofore been centtnuc~ty pubttsMd tn ~atd Cottter Cc~nty, Ftortd., dW Ind his Ixefl entered is s4~ ctlss miter at the po~t office in Napier, _tn.~_td Cotttsr County, Ftortd~, for a per{od of I yea next preceding the first pubt~cet~on of the attached colt/ of Idverttseeent; end Irffteflt further IWs that Ihs his neither petd promised ~ny per~, ftre or __-_~-~_eetion efly dt$cxxlnt, rebete, cMImtlston or rofund for the purpole of securtng thil iKIVel~t$1lent for pubttcetto~ in the satd nevslxq~er. PtJBLI~ED ON: 10/12 10/19 16 A 2 AD SPACE: 4?.CXX) INCH FZLED ON: RESOLUTION NO. g7-40~ RESOLUTION AUT~0RIZIN~ THE ACCEPTANCE OF STONEBRIDGE UNIT FOUR A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS SOUT~L%MPTON UNiT ONE, AND AU~{ORIZING T~E VACATION OF A PORTION OF TRACT GCP, OF A PREVIOUSLY RECORDED PLAT OF SOUTHAMPTON UNIT ONE ACCORDING TO THE ATTAC~ED LEGAL DESCRIPTION, PETITION AV- 97-018 WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 23, 1992, approved the plat of Southampton Unit One for recording; and WHEREAS, Taylor Woodrow Communities is replatting a portion of Tract GC9, and has filed for a replat of said lands; and WHEREAS, except as provided for in this Resolution, this replat does not extinguish or in anyway affect the dedications contained in the previous plat of these lands; and WHEREAS, Taylor Woodrow Comminities desires to vacate a portion of the previously recorded plat as described in Exhibit A; and WHEREAS, this parcel, the approved plat of Stonebridge Unit Four, is a part of a previously approved and recorded plat, Southampton Unit One, and the filing and recording of this approved plat shall not affect access to lots previously conveyed under the Southampton Unit One plat. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF COUNTY COM){ISSIONERS OF COLLIER COUN%"~, FLORIDA, that the plat of Stonebridge Unit Four, a part of a previously approved and recorded plat, Southampton Unit One, is hereby approved for recording and the dedications contained on the plat of Stonebridge Unit Four are hereby accepted, and those lands described in Exhibit A are hereby vacated. Said vacation shall become effective upon recordation of the subject plat. BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the Circuit Court shall make proper notation of this action upon the previous plat and record a certified copy of this replat and a certified copy of the vacation resolution in the Official Records of Collier County. · This Resolution adopted after motion, second and majority vote favoring same. ATTEST:.' kp~roged'.as'td form and legal sufficiency: ' Heidi F. Ashton Assistant Collier County Attorney COLLIER COUNTY/ ~R~ 2242135 OR: 2359 PG: 0615 I~ICOI~Dll) in 07~ICI~%, HCO~$ of CO~I!! CO~, IO/]O/~T at 12:52~N DIIG~T 1. HOCl, CLIH CO,IlS ~.00 Rets: OR: 2359 PG: 0616 o ATTACHMENT D PETITION TO VACATE. AVANDON. DISCONTINUE. OR CLOSE.,. Address: ~ - ' --- Teleph Ci~/Sc~ce: . -- Zip Code: Address: Telephone City/State: Zip Code: ~al Description: Subdivision: ~~ Plae Book Page(s) Reaso~n fo,r .Request: Current Zoning: Does this affect density? I Hereby Authorize/Agent Above to Represent Me for chis Petition: Yes v No ... Sign~ture of Petio~na~ Date Please see "Policy and Procedure of Vacation and Annulment" for the list of supportive materials vhich must accompany this petition, and deliver or mail to: Transportation Services Division Collier County Covernment Complex Naples, Fla. 33962 Telephone: (9&1) 77h-849& *(1) (2) (3) (5) If applicant is a land trust, so indicate and name beneficiaries. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, so.indicate and name proincipals. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach a copy of lease, and indicate actual owners if not indicated on the lease. RD~/kc/082095/739 PERFORMANCE BOND Bond No. 18.40.14 Premium: $1,863.00 KNOW ALL PERSONS BY THESE PRESENTS: that TAYLOR WOODROW COMMUNITIES 9809 NO. AIRPORT ROAD NAPLES, FL 34110 (hereinafter referred to as "Owner") and AMERICAN HOME ASSURANCE CO. ?0 PINE STREET NEW YORI~ NEW YORK 10270 (hereinafter referred to as "Surety") are held and £u~y bound unto Collier County, Florida (hereina!=ter referred to as "County") in the total aggregate sum of THREE HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED SIXTEEN DOLLARS AND 85/i00 ~ 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 Tills OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a cedain sulxlivi~i0n plat named STONEBRIDGE - UNIT IV and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinatter ."Land Development Regulations"). This obligation of the SureOj shall commenCe on the date this Bond is executed and shall continue until the date of final ncceptance by the Boast of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). '~ ~"~ ....... "' ' NOW, THEREFORE, if thc Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Developn'ient Regulafion~ during the guaranty period established by the County, and the Owner shall ~atisf-y ~I clain~ and demands incurred and shall fully indemnify and .save harml~ th~ County from ired ~aln~t ail eom and damages which it may suffer by reason of Ownc~'~ failure to do m, and shall reimbur~ and repay the County all outlay and ~pense which the County may Incur in making good any default, then this obligation shall be void, otherwis~ to m-hain in full force'and effect. PROVIDED FURTItER, that the r~id Surety, for value received hereby, stipulates and agrees that no change, exter~ion of time, altea'atlon, addition or deletion to the proposed specific improvements shall in any way affect it~ obligation on this Bond, and it does hereby waive notice of any such change, extemion of time, nim'ation, addition or deletion to the proposed specific improvements. 1 6A2q PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. '~ IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 12th day of September 1997. Signed, Sealed and Delivered in the presence of: Printed or typed name Laurie J. Wood-Peters Printed or typed name TAYLOR WOODROW COMMUNITIES, a Florida General Partnership By: ~ TAYLOR WOODROW HOMES FLORIDA, INC. a Florida Corporation, a General Partner John IL Peshkin. President Printed or typed name -2- 1 6A2_., 41 Signed, Sealed and Delivered MONARCH HOMES OF FLORIDA, INC., in the presence off a Florida Corporation, a G~eral Partner ~ E. Pt~_~ John IL Peshkln. President Printed or typed name Printed or typed name L~ude J. Wood-Petem Printed or typed name by.~Lg..P_~ as President of both Taylor Woodmw Homes FloridA, Inc., a Florida Corporation and Monarch Homes of Florida, Inc., a Florida Corporation, as the general partners of TAYI, OR WOODROW COMMUI~TI~S, a Florida General Partnership. ,,~who is personally known to me; or /who has produced a Florida driver's license as identification and did/did not take an oath. tIU' iii ~i ~~sees~s~s~ I} My Commission Expires: II~t go'~: ~rt 24 ~ -3- 1 6A2' '1 Witneg$: -i'r'. ~,~te,a ess: ~e.., ;n I..~dl:~..~t B HOME ASSURANCE CO. Steven N. Passerine, Attorney In Fact The foregoing instnmaent was acknowledged.before me this CO.~ and did/did not take an oath. th day of 1997, by of AMERICAN HOME ASSURANCE who is personally known to me; or who has produced a Florida driver's license as identification "? ~'- NOTARY PUBLIC % ~ Pi/fit Name My Commission Expires: Commission Number:. Filc:c:~amidocs~PBU4 ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On 9/12197 DATE personally appeared before me, ' Y,A~LEEN EARLE , NAMF_ TITLE O~ OFFICER . E,(~, 'JANE DOE. NOTARY PU6LIC' Steven N. Passerine NAME(S) OF SIGNER{S) [] personally known to me - OR -["] proved to me on the basis o! 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~..~TL~qE C~= NOTARY · OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER TITLEIS) [--] PARTNER(S) ["'] LIMITED r'~ GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OFPAGES SIGNER iS REPRESENTING: NAME 04: PERSONIS) OR ENTITYIIE$) THE SURETY COMPANY DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE rnerican llome Assurance Company ~onal Union Fire Insurance Company of Pittii Principal Bond Office: 70 Pine St.reeL New York. N.Y. 10270 KNOW ALL MEN BY TiIESE PRESENTS: Pa. POWER OF ATTORNEY No. o3.B-11976 That Amcrican Homc Assurance Company. a New York corporation, and National Union Fire Insurance Company of Pittsb,,rgh. Pa.. a Pcnn~'Ivania corporation, doe~ each hereby appoint --Steven N. Passerine, Kathleen Earle, Laura I_ Plaisant, Michael B. blcGowan, Robert E. Chovick: of San Francisco, California~ : its true and lawful Attorney(s}-in-Fact. with tull authority to execute on its behalf bonds, undertakings, rccogni/,ances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the res~-ctive company thereby. IN WITNESS WHEREOF. American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed the~e presents this ~2 I$.t. day of A_p_~. 1997. K~tt National Union Fire Insurance Company of Pittsburgh. PA. Executive Vice President American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK}ss. On this 21.si day of At~ril. 1997 before me came the above- named officer of American Home Assurance Company and National I.'nton Fire Insurance Company of Pittsburgh. Pa.. to me igxatmally kno',~.It 10 be the individual and officer de,,~'ri~ herein, and ackno~ledged that he executed the foregoing instrument and affixed ti,,: .<:,Is of said corporations thereto by authority of his office. CAROL RAGAB Pubt;c. State ol New York N.': O',RAS.'~520! 1 Ouahl,e¢! tn ~,n~ Coun:yI CERTIFICATE E,.,:q~ts of R,:solutions adopted by thc Boards of Directors of American Home Assurance Company and National Union Fire Insurance Co,nix'my ,4' I'tl:sburgh. Pa. on May IS, 1976: 'RESOLVED. that the Chairman of the Board, the PresidenL or any Vice President be. and hereby is. authorized to appoint Attorn,.-,.'s.in-Fact to :c;,rc.~nt and act for and on behalf of the Company to execute Ix~d~, undertakings, recognizamces and other contracts of indcn'mity and ~Tit:ngs uhh~atory m thc nature thereof, and to attach thereto the corporate seal of thc Company, in the transaction of its surety business'. 'RESOLVED. that thc signatures and attestations of such officers and thc leal of thc Company may be affixed to any such Power of Attorm?,.' or to a::'. ccn,ficate relating thereto by facsimile, and any ~ch Power of Attorney or certificate beating such facsimile signatures or facsim,le ~':.d shall ,% ~ahd and binding upon the Company when ~o affixed with respect t~ any bond. undeaaking, recognizance or other contract of indemnity or ..,,.-:t:ng obl,gatory in the nature thereo~. 'RESOLVED. that any such Attom~'.in-Fact delivering a secrem'iai certification that the forgoing resolutions still be in eff,.'ct ma',' m.<r~ m s,ch .c::::~c;a,,n the date thereof, said date to be not later than the date ofdeli,~ery thereof by such Attorney.in-Fact.' : !.It/aN::h M Tuck. Secretary. of American Home Assurance 12ompany and of National Union Fire Insurance Company of Pittsburgh. Pa. do he:cb', ccrt~$' that the foregoing excerpts of Resolutions adopted by the Boards of Directors of the.ne corporations, and the po,hers of Attom,.3 ;..:;cd p,r,t,:,nt thereto, ate true and correct, and that both the Resolutions and the Powers of Attorney ate in full fore,: and effect IN ~,~, ITN ESS WIIEREOF, I have hereunto set my hand and afl]xed the facsimile seal ofem:h ea:nlxn'ation this 12th day of September .In 97_ Elizabeth M. Tuck. Secreta .' 16^i CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREElVrENT FOR SUBDMSION IMPROVEMENTS entered into this~day of ~ 19,~ between TAYLOR WOODROW COI~ViUNITI~S hereinafter referred to~as "Developer", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,, hereinafter referred to as "The Board" 1. Developer has, simultaneously 'with the delivery of this Agreement, applied for the approval by the Board of certain plat of a subdivision to be known as Stonebridge Country Club, Unit IV, being a replat of Tract H and part of Tract GC9, of Southampton Unit 1. 2. Division 3.2 of the Collier County Unified Land Development code requires the Developer to post appropriate gumuntees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby eovenant and agree as follows: 1. Developer will cause to be constructed: Infrastructure including drainage, water, sanitary, roads, code required landscaping within thirty-six (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 Exlfibit "A" and by reference made a part hereo0 in the mount of THREE HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED SIXTEEN DOLLARS AND 851100 ~ Dollars which 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. The Developer shall maintain all required improvements for a minimum period of 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall within sixty (60) days of receipt of the statement of substantial completion, either:. (a) notify the Developer in writing of his preliminary approval of the acceptance of the improvements; or 0a) 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 Dirt~ztot~s a~val ofthe 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 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 Devel°~)ment Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developers responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the eX''on 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 ~.-curity on the basis of work completed. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial con?letion by the Developers engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the'improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Adm~mstrator may call upon the subdivision performance security to secure Satisfactory completion, repair and maintenance of the required improvements. The Board shall l~ave 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 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. 16A2 9. All of the terms, covenants ~nd conditions herein contained are and shall be binding upon the Developer and the r~peC~Ve S~CCessors and assigns of the Developer. IN WITNESS WHEREOF~:the Board and the Developer have caused this day of by the{r duly .authorized representatives this TAYLOR WOODROW COMMUNITIES, a Flo~da General Partnership By:.- . TAYLOR WOODROW HOMES FLORIDA, INC. a Florida Corporation, a General Partner -'~I~hri R~ Peshkln. President Printed or typed name Agreement to be executed Signed, Sealed and Delivered in the presence off Printed or.typed .name ~urle J. Wood-Peters Printed or typed name Signed, Sealed and Delivered MONARCTI HOMES OF FLORIDA~ INC., i~e presence of'. , ,4 'a Florida Corporation, a General Partner :i 55,' :', John IL Pes~in,_ President Printed or typed name L~ufle J. Wood-Peters Printed or typed name ~,,,-',: DWIGHT E- BR, OCK, CLERK ll!er County Attorney BOARD OF COUNTY COMMISSIONERS OF COJ,,~EK CQ.UNTY, F~_ 9RIDA / By:~ Fil¢:C.~MAU4 ~00! ,,...__ k--o~--, f.r.t,,~M, MMetM M (~ N INI ml.h irlllm~ ti C~I Office. retllnlfll · caf fa' flit. NO. I~TE ST. TIME TOTI~L. TII~ ~ iD STATUS ttr:~S DEFT CODE .~d I~}-P~? 16:41 88' 84' 11 91412G5649~ OK 6' 8~1F 574 10-g8 10:51 88* 82' 01 _c~__~ OK 3 ~14 5'?5 11~--~8 16:4:3 08'01'44 926.34864 OK :3 ~ 18-89 15:18 88*82'88 92634864 OK 3 .............. 1'7 ..... TOTAL ~ October 9, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition AV-97-012 Dear Judi: Please advertise the above referenced notice two times, one time on i~ Tuesday, October 14, 1997 and one time on Tuesday, October 21, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700897 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 apDrove for recording the plat of 'Carlton Lakes Tract G'. This 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 TO THE PLAT OF CARLTON LAKES 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) October 9, 1997 Robert Claussen NTC Development, Ltd. 2405 Piper Boulevard Naples, FL 34110 RE: Notice of Public Hearing to consider Petition AV-97-012 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997, as indicated on the enclosed notice. The legal notice pertaining to this .petition will be published in the Naples Daily News on Tuesday, October 14, 1997 and Tuesday, October 21, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. October 9, 1997 Pelican Strand, Ltd. 2706 Horseshoe Dr. South Naples, FL 34104 Re: Notice of Public Hearing re Petition AV-97-012 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 1997, as indicated on the enclosed notice. The legal notice pertaining to the petition will be published in the Naples Daily News on Tuesday, October 14, 1997 and Tuesday, October 21, 1997. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Sue Barbiretti, Deputy Clerk Encl. 10~09/97 13:22 FAX 9416436968 COLLIER CO CO]~J~ITY DEV ~005 PUBLIC NOTICE On october 28, 1997 the Board of County Commissioners ~ill consider a R~solution to vacate a. port£on of the recorde~ 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 TO THE PLAT OF CARLTON LAKES UNIT NO. 1, PETITION AV-97-012". Persons wishing further information, or to have the item remove~ 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. 10/09/9'7 13:21 FAX 94154369~8 COLLIER CO CO~fC~WY DEV ., ATTA, Cllt~Etr~ D ~ftioner/~n.~: b ~el~phone .__ city/Stat~ N~ ~ . flu, Agent ~ ~ ~elepho~e :_ R~aces~~ -- ~p code:_ . - Subd ~laL ~ook ~6 _ ~age~s~ ~" HO ___---- __ Ye~ ~ . ~~' ~etiti'oner t~O02 printed Title · ' , ' please See "Polioy and Procedure o~ Vacation an~ Annulment" for · the list oM ~upportlve ma~erlsls which ~ust accompany this peri=ion, snd del~var or ~ail collier county community Development and EnViron~ent=l Services DtVis ion Collier Co~mty CoVernmen2 Comple~ Naples, Fla. ' 33962 Telephon~ = (941] 13:21F,~ 9416436958 . .. comru x . · TRACT A.E., TRACT L! S 8g'Og'IB"W 124.6; L2 $ ~9'09'18'Yt 337,20 L3 S 29'08'37'E ' 117.97 L4 S 27~0'48'~ 27,32 L$ $ 42'17'59"E 24.$5 L7 S 38'52'43'E 106.73 L8 $ 68'49'41'E $I.37 L9 S 32'54'21'E 115.36 L10 S 20'36'45'E 49.07 LI2 N 75'18'41"E 100.02 L13 S 16'41'19"E 110.07 L14 N 62'02'05'W 23.75 L15 $ 67~2'42'E 87.17 L16 N 70'23'35'E I04.66 1.17 H 77'21'14"E 37.66 L18 S 78'~9'26".W 112.92 /.lg S 83'3g'23"E 39.05 ;L20 $ ~402'14°W I08,69 1.21 N 80T2'IS"E 32.75 N 8g'35"47'*E I14.68 $ 76'10'12'E 35. g9 N 85~2'08'*W 127.84 !.25 S 01"08'14"E 76h07 L27 N 63'27'32°~ 105.68 L2.8 N 00'50'43'W 127.91 TRACT "G" \ \ \ .,,,.. xvt,,,/- 2o; A.£. % · TRACT" 'M" I ' A.E., D.E. 25' e:C.£.---I, AND M.E. '5' L.B.E.~ W.C.E. -' 100' DRAINAGE EASEMENT (DEED BOOK 44, PAG"E 78) (TRACT L~,HOKALEE. ROAD (COUNTY ROAD HO. (!00' r~ n '~' = C! 35'55'20'* 25.00 15.67 15.42 cz ;moO'OD' =s. oo 3g.~7 35.36 C,3 45~0'46' ~50.~ 1~8.72 1 I3.64 C5 64~8'14' 50.~ ~.12 53.22 PR-~PARED BY: ~003 1" '~ 200' BY:..--, RICHARD L. ~'IEPHARO, p.~.~74 SCALg=~ SHEgT: ~ DRAY~I nY:~ ~ B~ PRO~ NO.:~ 16 3 E ~ o~ m,~c~' "~" ~o~'r.~..w,n~ ~ o~ mACr "C~" o~ T~ ~LAT 0~' ~OUC~ Z2. PUeUC ~CCO~OS OF CO~U~ COUNn', PREPARED BY: 10/09, COI./,XI~II ¢0 C0XllV~XT~ ~006 : ~:~ laly 3, 1997 ?lat of Tract "G", Carlton l.~kes, ABB ~ 6696-2 Dc~ John: : ''~' - The names of thc property owners within 2~0 fc~-t of~e eucmcats to be vacated within Tract "O" are ~s follows: 1. lqTC Dcvclopm~at~ Ltd. ............ 24o5 ?i~xa- Blvcl. Naples, FL 34110 Pelican Strand, Ltd. 2706 Horseshoe Dr. South lqaples, ~ 34104 If you need any more information, please let me know. Since-rely, AONOLI, BARBER & BRUNDAGF~ INC. Kichard L. Shcphmxl, ESOLmON 971 6 RESOLUTION AUTHORIZING THE ACCEPTANCE OF CARLTON LAKES TRACT G, A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS CARLTON LAKES UNIT No. 1, AND AUTHORIZING THE VACATION OF A PORTION OF A PREVIOUSLY RECORDED PLAT OF CARLTON LAKES UNIT NO. 1, ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION AV- 97-012 WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 23, 1996 approved the plat of Carlton Lakes Unit No. 1 for recording; and WHEREAS, NTC Development Ltd. is replatting Tracts G and C1 and has filed for a replat of said lands; and WHEREAS, except as provided for in this Resolution, this replat does not extinguish or in anyway affect the dedications contained in the previous plat of these lands; and WHEREAS, NTC Development Ltd. desires to vacate a portion of the previously recorded plat as described in Exhibit A; and WHEREAS, this parcel, the approved plat of Carlton Lakes Tract G, is a part of a previously approved and recorded plat, Carlton Lakes Unit No. 1, and the filing and recording of this approved plat shall not affect access to lots previously conveyed under the Carlton lakes Unit No. i plat. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the plat of Carlton Lakes Tract G, a part of a previously approved and recorded plat, Carlton Lakes Unit No. 1, is hereby approved for recording and the dedications contained on the plat of Carlton Lakes Tract G are hereby accepted, and those lands described in Exhibit A are hereby vacated. Said vacation shall become effective upon recordation of the subject plat. BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the Circuit Court shall make proper notation of this action upon the previous plat and record a certified copy of the vacation resolution in the Official Records of Collier County. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK CHAIRMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Collier County Attorney Hal)Les DaiLy ~ Nq)tes, FL 33940 Affidavit of Pubttcattm BOARD OF COIJNTY COfl/~ZSSZOflERS ATTN: NAHCY SALOGUG PO BOX &13016 KAPLES FL REFERENCE: O01Z~O 700897 5758003:) PUgLZC NOTZCE O~ Oct State of F[ortda County of CoLLier Before the unclerstgr~l authority, per~natty appeared Angeta Bryant, uho off oath ~ayl that ~he serves as Assistant Secretary of th~ NapLes DalLy He~s, a daily newspaper publ. tshed at NapLflt Ill CoLLier County, FLorida: that the attached copy of advertising vas pu~Lt~d tn oatd nev~e~r on dates Listed. Affiant further says that the oald NapLes DalLy #ers ts a nevspaper pubLt~cl at Haptea, tn said CoLLier County, FLorida, and that the said nevspaper has heretofore been co~ttnu~aty p~oLtahed tn satd CotLter Countyt FLortda~ oach day and haa bee~ antered aa aec-.,' cLasa mil matter at the poet offtca tn NapLes~ tn aatd CoLLter Cc~mty, FLortda, for · period cE 1 year next preceding the ftrat pubUcattm of the attached copy of advertisement; and wfftant further saya that she has netther paid nor pro~taed any per,m, firm or o0porattml are/ diacount, rebate, com~saton or refund for the purpose of securtng this advertisement for publication tn the ~ald nevapaper. PUBLZSHEI) ON: 10/1& 10/21 A.~ SPACE: /~7.CXX) ZNCH FILED ON: 10/21/97 PersonaLLy knmm by ma RESOLUTION NO. 97 404 RESOLUTION AUTHORIZING THE ACCEPTANCE OF CARLTON LAKES TRACT G, A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS CARLTON LAKES UNIT No. 1, AND AUTHORIZING THE VACATION OF A PORTION OF A PREVIOUSLY RECORDED PLAT OF CARLTON LAKES UNIT No. 1, ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION AV- 97-012 WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 23, 1996 approved the plat of Carlton Lakes Unit No. 1 for recording; and WHEREAS, NTC Development Ltd. is replatting Tracts G and C1 and has filed for a replat of said lands; and WHEREAS, except as provided for in this Resolution, this replat does not extinguish or in anyway affect the dedications contained in the previous plat of these lands; and WHEREAS, Nrc Development Ltd. desires to vacate a portion of the previously recorded plat as described in Exhibit A; and WHEREAS, this parcel, the approved plat of Carlton Lakes Tract G, is a part of a previously approved and recorded plat, Carlton Lakes Unit No. 1, and the filing and recording of this approved plat shall not affect access to lots previously conveyed under the Carlton lakes Unit No. i plat. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the plat of Carlton Lakes Tract G, a part of a previously approved and recorded plat, Carlton Lakes Unit No. 1, is hereby approved for recording and the dedications contained on the plat of Carlton Lakes Tract G are hereby accepted, and those lands described in Exhibit A are hereby vacated. Said vacation shall become effective upon recordation of the subject plat. BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the Circuit Court shall make proper notation of this action upon the previous plat and record a certified copy of the vacation resolution in the Official Records of Collier County. This Resolution adopted after motion, second and majority vote favoring same. DATED: .' ~"DWIGHT E. BROCK, .: CLERK Approved as to form and legal suf~ "cleric Heidi F. Ashton Assistant Collier County Attorney BOARD OF CO~ COMMISSIONERS COLLIER____COUNTY, FLORID~ By: IMOTHY/L." H~kNCOCK ' 2242136 OR: 2359 PG: 0618 UCO~ID in 0FFXCl~ UC0~DS of COLLII! C0~FIT, FL 10/30/~? a~ 12:52~ OrieNT I, BI0Cl, CLHI ~¢ 1'11 10.~0 2.00 ~et~: CLII[ ?0 ~ BOAID 0619 LAND DESCRIPTION ALL OF TRACT 'G' TOGETHER,WITH ALL OF' TRACT 'CI'* OF THE PLAT OF CARLTON LAKES UNIT NO. I, AS. RECORDED IN PLAT BOOK 26, PAGES 65 THROUGH 72, PUBLIC RECORDS OF COLUER COUNTY, FLOR/DA. ' PREPARED BY: P.S.M. S1-~-1': DA'IT.:_MAY 20. 199'/ PROJE:CT NO.: 6696--I ACA~ N~~ ?0: LAND DESCRIPTION ALL OF TRACT "G" TOGETHER ,WITH ALL OF TRACT "C1' OF THE PLAT OF CARLTON LAKES UNIT NO. I, AS RECORDED IN PLAT BOOK 26, PAGES 65 THROUGH 72, PUBLIC RECORDS OF' COLLIER COUNTY, ',~FL~RIDA. PREPARED BY: L SHEPHARD. P.S.U. SHEET: ORA~fl~I BY:~ DATE:_ MAY 20. 1997' CH~CKEZ) BY:,,,,I~ PROJECT NO-' RESOL ON NO. 97-, 4os 1 6 A RESOLUTION AUTHORIZINO FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN STONRBRIDGE UNIT TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida. on March 7, 995 approved the plat of Stonebddge Unit Two for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 88-76, as amended), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIO~RS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Stonebridge Unit Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. ATTEST: ': .' DWIGHT E. BRO~K, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA T1Mo~. It:f-A~CbCK, CHAIRMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Collier County Attorney 6A5 Date: To: From: Re: October 30, 1997 Johnnie Gebhardt, Community Development Sue Barbiretti, Minutes & Records Item #16A5, BCC meeting date: 10/28/97 Please find attached, for your files, one original DEP Contract No. GC530 that was approved bY the BCC on Tuesday, October 28, 1997. If you have any questions, call me at 774-8406. Thanks, 16A5 DEP Contract No. GC$30 CONTRACT TI-IlS CONTRACT is entered into between the FLORIDA DEPARTMElCr OF ENVIRONMENTAL PROTECTION Cnereinafter referred to as the "Department') and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is Collier County Pollvtion Control Department, 3301 East Tamiami Trail, Naples, Florida 34112 (hereinafter refen, ed to as the 'Conlractor'), a county govemmeut, to provide petroleum contamination site cleanup related services in Collier County. In consideration of the mutual benefits to be derived herefrom, the Department and Con~'~ctor do hereby agree as follows: The Departmeut does hereby retain ~ Contractor to perform local governmeut petroleum contamination site cleanup prognun services as de~q'bcd in AttacKment A, Scope of gervkes, attached hereto and made a part hereof. The Contractor does hereby agree to perform such set'~ices upon the terrns and conditions set forth in this Contract and all attnckments and exh~its named herein which are attached herelo and incorporated by refeieace. 2. Services under this Contract shall be authorized as follows: Category I - Management of the Pre-Approval/Non-Program/VoEmtary Cleanup portion of the Petroleum Contamination Cleanup Program and State Clemmp Project Management: Category I services shall be requested and authorized by the Department on an 'as needed" basis utilizing the Task Assignment Notification Form and the Task Assignment Change Order Form, provided as Att~chmeuts B1 and Cl re~:~'cfively. Bo Category II - Reimbursement of Petroleum Contsminafion Cleanup Subcontractors under the State cleanup portion of the Program: Catego~ fl services shall be authoriz4xl upon execution of this Contract Cleanup services dm1] be provided by subcontractors only, provided that: 1) Category II services shall be requested and authorized by the Department on an "as needed" basis utilizing the Task Assignment Notification Form and the Task Assignment Change Order Form, Attachments B2 and C2, respecti~ly. 2) Cleanup services shall be provided by subcontractors ofthe Contractor only, except that: thc Contractor may provide for disposal of cleanup derived waste generated by subconiractors at Conh'actor-owned facilities tach as county landfills and wastewater treaiment plants, if appropriate; bo the Contractor may be reimbursed for tach disposal at standard fee amounts; the Contractor shall not be reimbursed for any othe~ cleanup services provided directly by the Contractor. Based on the poss~ility of the Dep~lme~t ~ federal funding from the U.S. Environmental Protection Agency (EPA) Leski,~g Underground Storage Tank Trust Fund for the cleanup of non-program petroleum contaminated sites, it is hereby agreed that in the event such funding is received and the EPA agrees that such funding may be passed thtongh to and nam~igtered by the Contractor for cleanup of non- program sites by County cleanup subconlracton, the parties hereto may a~r~e to amend the terms of this DEP Contract No. GCS30, Page I of 11 16A5 Contract to include provisions necessary to allow the Contractor to properly administer the federal funds. In the event the EPA does not agree to the Contractor's administration of such funding, or the panics hereto are unable to agree on amendments to this Contract which are necessary to enable the Contractor to administer the funding and cleanup of non-program sites, then the D~t reserves the right, upon 10 days notice to the Contractor, to directly manage and contact for cleanup of any non-program sites, including those sites which may have been assigned, through a task assignment notification, to the Contractor. The Contractor shall perform the services in a proper and satisfactory manner as determined by thc Depariment. Any and all such equipment, products or materials necessary to perform these services, er requirements as further stated herein, shall be supplied by the Contractor. The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Deparlment. The Contractor shall be respons~le for obtaining all applicable local, state and federal permits. This Contract shall begin upon execution by both parties or October i, 1997, whichever date is later, and shall remain in effect until September 30, 2001, inclusive. This Contract may be renewed for an additional term not to exceed the original Contract period. Renewal of this Contract shall be in writing and subject to the same terms and conditions of this Contract. All renewals are contingent upon satisfactory performance by the Contractor and the availabilily of funds. As consideration for the services rendered by the Contractor under the terms of this Contract, the Department shall pay the Contractor on a combination fixed price/cost reimbursement basis as follows: A. Category I - Management of the Pre-Approval/Non-Program/Voluntary Cleanup pon'ion of the Petroleum Contamination Cleanup Program and State Cleanup Project Management: For Category I services, the contractor shall be paid on a fixed price basis. The fixed price is based on the level of effort measured in personnel required to manage Preappmval/Non Program/Voluntary Cleanup and State Cleanup Sites. The number and level of personnel, cost of personnel and overhead nrc based on the Contractors actual cost and the total number of sites the Contractor manages. Consideration in terms of personnel time is also given for specific technical and adm/nistrative activities on a task by task basis. Solely for purposes of this Contract a "Site" is del'reed as any Petrolenm Cleanup site requiring a report review or a preapproval 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. B. Category II - Reimbursement of Petroleum Contamination Cleanup Subcontractors under the State Cleanup portion of the Progrs-"n.(At~achment A - Category II): For Category II services thc Cor, tractor shall be paid on a cost rc/mbursement basis for actual expenses incurred by authorized cleanup subcontractors. Only subcontractor provided cleanup services shall be compensated in this category; other expenses incurred directly by the Contractor or its employees are included in Category I. The ceiling amoont under this Contract for Category II shall not exceed $1,000,000. However, the Department reserves thc fight to increase the ce/ling amount of Category II, as needed, to meet the needs of the program, and to provide for the renewal period. Funding under this Contract shall be as follows: For Category I, the Department shall encumber funding upon the execution of a Task Assignment Notification Form or a Task Assignment Change Order. DEP Contract No. GC530, Page 2 of 11 16^f !0. 11. For Category II, an initial funding inclement is hereby authorized in the amount of $400,000. Based upon continued satisfactory performance and annual appropriations by the Legislature, the Department reserves the right to provide additional increments of funding for Category II on an 'as needed' basis up lo $1,000,000. The Contractor shall be notified, by certified letter from the Chief, Bureau of Petroleum Storage Systents, of additional Category I1 funding increments. In no event shall the Contractor continue to perform services under Category II once the authorized fundin$ increment amount is reached; nor shall the Contractor commence work on any part of the project under Category II that will exceed the balance of the current authorized funding level until notice is received by the Conlractor of an increase in funding. It is the Contractor's respons~ility to know when the a. thorized funding level for Category II is reached. The following applies to Category II funding only: In accordance with Section 376.3073(3), F.S., and upon receipt of approval from the Slate Comptroller of a waiver of the provisions of Section 216.181(14)('o), F.S., the Department, upon written request from the Contractor, shall provide advances of working capital, based upon estimated ninety-day cash needs, to pay a cleanup subcontractor(s) to be retained by the Contractor. The initial written request shall be submitted to the Department thirty (30) days prior to execution of the subcontract with its cleanup subcontractor(s). Upon receipt of the advance(s), the Contractor shall deposit the funds in a separate interest-bearing account A separate fund shall be established exclusively for advances under this Contract. Status repons shall be submitted in conjunction with invoices as scheduled in paragraph 14, and shall identify project costs to date, deposits and withdrawals made, interest accrued, and the account fund balance. The first report shall identify the date and amount of the initial deposit, the account number, and the financial institution in which the account is located. For return of interest to the Department, the Contractor shall elect option A or B below. The return of interest option must be made with submittal of the first Category II invoice, and the selected option shall be required to continue for the term of the Cont:act. Interest accrued will be deducted from subsequent advanced working capital requests, and the same amount other*~se representing interest earned shall t~en be available as working capital for use by the Contractor for the purposes of this Contract; or, B. Contractor will submit a check to the Department for all interest earned in the account on a quarterly basis. Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the Department under one of the two above options, shall be returned to the Department within sixty (60) days of Contract completion. The Contractor shall not expend any interest earned on the advanced funds provided by this Contract (the exercise of option I above shall not be a violation of this provision). The parties hereto acknowledge that the State Compt~'oller may identify additional requh'ements which must be met in order for advance payment to be authorized. If additional requirements a~e imposed by t~e State Comptroller, the Contractor shall be notified, in writing, by the Department's Contract Manager regarding the additional requirements. Prior to releasing any advanced funds, the Contractor shall be required to provide a written acknowledgement to the D~t's Contract Manager of the Contractor's acceptance of the terms imposed by the State Comptroller for release of the funds. Payment terms shall be as follows: mo Invoices shall be submitted to the Department on a convenient basis, but not more frequently than monthly, and not less frequendy than quarterly. All bills for amounts due under this Conu'act shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All travel and incidental expenses for the Con~'actor are included in the Category I rates in Attachment D, and no additional Cunl~actor travel expenses shall be authorized. Subcon~actor tr~vel expenses shall be reimbursed in accordance with subparagraph D below. DEP Contract No, GC530, Page ;3 of 11 For Category I services, invoices may be submitted monthly for 1/12th of the services authorized on thc Tuk Assignment Notification Form. The final annual invoice or 1/12th of the total tasked amount for the year may be withheld pending satisfactory performance under this Contract. It is understood and agreed that the fixed price portion of DEP Contracts GC205 and GC375 contained annual charges for review of site applications which were calculated in advance in anticipation of those services continuing for the pe~od calculated without modification of the cost basis. However, because the prepaid time periods for certain sites may extend into the term of this Contract, it is understood and agreed that this Contract does not consider the sites identified on A~ckrnent E as part of this Contract. Therefore, it is understood and agreed that the Department shall not be invoiced by the Conuactor for Category I services for tasks and sites as indicated on Attachment E, attached hereto and made a part of the Contract. For Category II services, invoices shall be submitted for reimbursemeot of subcontractor expenses in accordance with subparagraph D below. Status reports shall be submitted identifying each project by name, the estimated project cost, and actual expenditures to date. The Department, upon written request from the Conlractor, shall provide advances of working capital, in accordance with paragraph 10, to reimburse cleanup subcontractor(s) to be retained by the Contractor. Invoices for reimbursement of fixed price subeonlractor services must be accompanied by copies of paid subcontractor invoices. The cost of fixed price subcontractor services shall include all travel expenses, and no additional subcontractor travel expenses shall be authorized for those services. For reimborsement of cost-reimbursement subcontracts, the State Comptroller requires detailed supporting documentation of all costs. In accordance with Comptroller's Memorandum No. 10, issued December I$, 1991 (attached hereto and made a part hereof as Attachment F), the Contractor shall comply with the minimum requirements set forth therein. Therefore, Category II invoices shall be accompanied by supporting documentation and other requirements as follows: l) Contractor Expenses - Except as provided Under paragraph 2 below, the Contractor shall not be reimbursed for any expenses incurred directly by the Contractor or its employees under the cost reimbursement provisions of Category II. All direct Contractor costs are included in the rates provided in Category I. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that which would be required from the Contractor if the Contractor's direct expenses were included for cost reimbursement (see paragraph 1 above). Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefi~ overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subconlractor exceeded the rates supported by audit, the Coniractur shall be required to reimburse such funds to the Department within 30 days of'written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Invoices for reimbursement of' fixed price subcontracts approved by the Department shall be documented by copies of the paid invoices. Other Subcontractor expenses shall be documented as follows: DEP Contract No. GCC30, Page 4 of 11 Go Travel - Travel expenses and per diem must be documented by a State of Florida Travel Voucher with appropriate receipts. Reimbursement will be made in accordance with Section 112.061, Florida Statutes. Equipment - (Capital outlay over $500 in value) . Reimbursement for the purchue of. equipment is limited to those items identified in the Remedial Action Plan (RAP) or RAP Modification. Include copies of' invoices or receipts to document purchases, and a completed Propcr~ Reporting Form (Attackment G). Rent~,l/Lease of Equipment. Include copies of invoices or receipts to document charges. Other Expenses. e.g., Materials, supplies, phone, repr~luction, mailing, must be documented by itemizing and including copies of.receipts or invoices. Invoices will not be approved for payment unless information contained in the status report is accurately reflected in the Petroleum Contamination Tracking System (PCTS). Also, requests for reimbursement of non-expendable equipment costing $$00 or more will not be approved for payraent unless the invoice for said equipment is accompanied by a properly completed Property Reporting Form (Attachment G). Six (6) copies of each invoice, including backup documentation, shall be submitted to: Department of' Environmental Protection Bureau of Petrolenm Storage Systems, MS#4575 At, n: Accountant 2600 Blair Stone Road Tallahassee, Florida 32399-2400 A final invoice must be subrnit~ to the Department no later than thirty (30) days following the completion date of each Task Assignment or Task Assignment Change Order, to assure the availability of f~nds for payment. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. Pursuant to Section 215.422, Florida Statutes, the Depart3nent's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a request for payment to the Florida DeparUnent of' Banking and Finance within twenty (20) days; and the Department of' Banking and Finance is given ten (10) days to issue a warrant. Days are calculated fi'om the lat~er date the invoice is rcccived or ser~ces received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a contractor for correction(s) will result in a delay in the payment. A Vendor Ornbudaman has been established within the Florida Department of' Banking and Finance who may be contacted if. a co~tractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. In accordance with Section 215.422, Florida Statutes, the Departrflent shall pay the Contractor, interest at a rate as established by Section 55.03(I), Florida Statutes, on the unpaid balance, if' a warrant in payment of' an invoice is not issued within forty (40) days after receipt of. a correct invoice and receipt, inspection, and approval of the goods and services. The interest rate established pursuant to Se~ti~ on 55.03(I), by Compt3'oller'a Memorandum No. 3 (1996-97) dated DKP Contract No. C_~530, Page 5 of 11 6A5 12. 13. 14. 15. December I, 1996, has been set at 10.0% pet annum or .02740% per day. Interest payments of less than S 1 will not be enl'orced unk'ss a contractor requests payment. The revised interest ratc for each calendar year beyond 1997 for which the term of this Contract is in effect can be obtained by calling thc Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above, or the Department's Contracts Section at (850) 922-5942. The Contractor is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports and other services furnished by the Contractor under this Contract. The Contractor shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports and other services. The Contractor and its subcontractors ate respons~le for ensuring that all petroleum contamination site cleanup work within its jurisdiction is addressed by an appropriate comprehensive Quality Assurance (QA) Plan approved by the Department's Quality Assurance Section. The Contractor shall submit monthly repons and deliverables as follows: A. A report indicating the status of each petroleum site based on thc following criterion: 1) 2) 3) 4) 5) 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 within the past two weeks Number of'sites with proposal in active negotiations Number of sites with inactivity by Local Program site manager (the site manager should be performing a task but has failed to act) Number of sites with inactivity by designated Contractor (the contractor should be performing a task but has failed to act) Number of sites in non program/voluntary cleanup status Number of sites actively being handled by DEP under Pclrolcum Cleanup Participation Pmgrant, Petroleum Advance Cleanup, Pay For Performance Program, State Cleanup, and the Preapproval Program. Number of sites that received No Further Action Status, No Further Action With Conditions Agreen~ent, or a Site Rehabilitation's Completion Order Bo A status report for Category H detailing all activities conducted for this Contract, including: the name and status of each site where field activities took place; a list of repons reviewed and the site with which they are associated; a list of sites where file Quality Assurance(QA) has been completed; all data entry into Petroleum Cleanup Tracking System (PC'I'); and for state cleanup sites, final task spreadsheets detailing negotiated hours and costs, a disk containing ufxlates to the Super Act Program And Site Management (SPASM) database and, when appropriate, property reporting form (Attachment G). Co The Contractor shall submit copies of all technical repons (Contamination Assessment Repons (CARs), Remedial Aclion Plans (RAPs), Site Rehabilitation Repons (SRCRs, and any other technical reports generated,)), and all correspondence, such as letters, memos, and notes to the DepartrnenL and shall retain copies in its office for audit purposes. Documentation, in the form ofr~luired status r~xn'ts, must be in detail sufficient for preaudit and postaudit review and approval of invoices. All services performed by the Contractor shall be in accordance with applicable statutes, rules, and writlcn Department guidance. Guidance documents shall be supplied by the Department on a timely basis. DEP Contract No. GCC30, Page 6 of I 1 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 16A5 Each party hereto agrees that it shall be solely reSlx~ns~le for the wrongful acts of its employees and agents. However, nothing contained herein shall comtitute a waiver by either party of its sovereign imm.miry or ~ pmv~sions of Section 768.28, Florida Statutes. The Department's Contracts Administntor may terminate this Contract for the Department's convenience by giving thirty (30) calendar days written notice to the Contractor. Said notice shall be sufficient it' delivered pcrsonaUy or by certified mail to the address contained herein. In case of such tcrmination, the Coniractor stall be compemated for work satisfactorily completed and irrevocable commitments made. Any and all notices shall be delivered to the parties at the following addresses: Contractor Collier County Pollution Control Department Artn: George Yilmaz 3301 East Tsmiami Trail Naples, Florida 34112 Department of Environm~tal Protection Bureau of Petroleum Storage Systems ^ttn: Hamp Pridgcn, MS~$35 2600 Blair Stone Road Tallahassoe, FL 32399-2400 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform worlr as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.g., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. All records in conjunction with this Contract shall be public record and shall be treated in the same manner as other public records are under general law. This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow public access to all documents, papers, letters, or other material subject to the provisions of Chap~ 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. This Contract may be terminated by the Department at any time for failure of the Contractor to perform in accordance with the terms and conditions contained herein. The Department's Project Manager is Mr. Hamp Pridgen, Phone (850)4884935. The Contractor's Project Manager is Mr. George Y/lmaz, Phone (941)732-2502. All matters shall be directed to the Project Managers for appropriate action or disposition. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of ~ Con~ract (e.g., specifications, time, method or manner of performance, requizements, etc.). Ail change orders aze subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or time shall require an appropriate adjuslment and modification (formal amendment, Task Assignment Notification Form or Task Assi~-.~nt Change Order, whichever the Depaziment deems appropriate) to this Coninct. The Contractor warrants that it las not employed or retained any company or person, other than a bona fide c~vloyce working solely for the Contractor to solicit or secure this Conwact and flat it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or malting of this Contract The Contractor covenants that it presently has no intel, esi and shall not acquire any interest which would conilict in any manner or degree with the performance of services required. DEP Contract No. GCS30, Page 7 of 11 16A5 26. 27. 28. 29. 30. 31. 32. 33. 34. This Contract has been delivered in the State of Florida and shall be construed in accordance with thc law~ of Florida. Wherever poss~le, each provision of this Contract shall be interpreted in such manner u to be effective and valid under applicable law, but if any provision of this Contract shall be proh~ited or invalid under applicable law, such provision shall be ineffective to the extent of such prohz~oition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Contract. Any action hereon or in connection herewith shall be brought in Leon County, Florida. The Contractor shall maintain books, records and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authotLT, e~ representatives shall have access to such records for audit purposes during the term of this Contract and for three yea~ following Contract completion. In the event any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit puq~oses. The Contractor shall maintain an accurate and current account of any and all Rinds and any and all costs inctm, ed under this Contract. Any funds received and not expended in a particular year shall be allocated for use by the petroleum contamination site cleanup program during subsequent years of this Contract. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Contract, shall itnpait any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. T~e Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goads purchased under the terms of this Contract. This Contract is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party ~ithout the mutual written agreement of the part, es hereto. No person, on the grounds of' race, creed, color, national origin, age, sex, or disability, shall be excluded fi.om participation in; be denied the proceeds or benefits of; or be otherwise ~ubjected to discrimination in performance of this Contract. This Contract is an exclusive contract for services and may not be assigned in whole or in pan without the written approval of the Departmenc The Contractor shall not subcontract, assign, or transfer any work under this Contract without the prior written consent of the Department's Project Manager. The Con~'actor agrees to be respons~le for the ~ulfillment of all work elements included in any subcontract consented to by the Department and agrees to be respons~le for the payment of all moneys due under any subcontract. It is understood and agreed by the Contractor that the Department shall not be liable to any subconlractor for any expenses or liabilities incurred under the subeonlract and that the Contractor shsll be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract To the extent required by law, the Contractor will be self-insured again~L or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of his employees connected w/th the work of this project and, tn case any woi~ is sut~mt~acted, the Contractor shall require the subcontractor similarly to provide Workers' Compensation rnsurance for all of the latter's employees unless such employees are covered by the protec~on afforded by the Contractor. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In cue any clau of employees engaged in hazardous work under this Contract is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each sulx:on~-actor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. DEP Contract No. GC530, Page 8 of I! 16A5 ,i 35. 36. 37. In addition to the above, the Contractor ~hall require that ali cleanup subcontractors comply with the following minimum requirements, and ~hall include these clauses in any subcontractor ~greemcnt: The subcontractor shall maintain comprehensive general liability and comprehensive automobile liability insurance with minimum limits of at leut Sl,000,000 per occurrence and SI.000.000 annual aggregate, as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for propm~ damage which may arise from performance of work under the program, designating the Contractor, the Department, and the State of Florida u an additional insured. The subcontractor shall ma~tain professional liability insurance with minimum limits of at least $ !,000,000 per occurrence and $1,000,000 annual aggregate. The subcontractor shall save and hold harmless and indemnify the Contractor and the State of Florida against any and all liability, claims, judgments or costs of whatsoever kind and nature for injury to, or death of any person or persons and for the loss or damage to any property resulting from the use, service, operation or performance of work under the ie,,,s of this Contract, resulting from the negligent acts of the subcontractor, or any of the emFloyees, agents or representatives of the subcontractor to the extent allowed by law. The purchase of non-expendable equipment costing $500 or more purchased for purposes of this Contract remains the property of the DepartmenL The Con~ctor's Project Manager shall complete and sign a Property Reporting Form, provided as Attachment G, and forwtrd it with the appropriate invoice through the Department's Project Manager to the DepartmenCs Property Management Office. Ao Thc Contractor shall have use of the equipment for the authorized purposes of the contractual arrangement as long u the required work is being performed. Bo The Contractor is respons~le for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. Co When the equipment is no longer needed, the Contractor will return all non-expendable personal property or equipment purchased under the terms of this Contract to the Department. If, however, the Contractor desires to purchase the equipment when no longer needed, the Department may, at its discr¢ilon and subject to approval of the Department's Surplus Property Review Board, and in compliance with federal regulations, if applicable, elect to sell the equipment to the Contractor for its fair market value as of the date of title transfer. The Contractor is respons~le for any loss, damage, or theft of non-expendable personal property or equipment purchased with state funds and held for use in a contractual arrangement with the Department. In accordance with Section 216.347, FloriSt Statutes, the Contractor is hereby prohibited from using funds provided by this Contract for the purpose of lobbying the Legislature, the judicial branch, or a state agency. In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), the Conwactor shall provide to the Department an audit of this Contract in accordance with the rules of the Auditor General promulgated pursuant to Section I 1.45, Florida Statutes. The Department resentes the right to recover costs for failure lo comply with Section 216.349, Florida Statutes. Copies of the required audit shall be sent to each of the following within thirteen (13) months after the completion of each of the Contractor's fiscal years in which funding is provided under this Contract. DEP Contract No. GC530, Page 9 of I 1 38. 39. 1 Ch/el Internal Auditor, MS~.40 Depaxtm~t of Envi~nmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 To ensure compliance with Section 216.349, Florida Statutes, Chapter 10.600, Rules of the Auditor General is provided as Attachment H. The Contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the Deparlment under ~ Contract. The Contractor acknowledges that this requL-ei~en! includes compliance with all applicable federal, state and local healfl~ and safety roles and regulations. The Contractor further agrees to include this provision in all subcontracts issued as a result of this Contract. This Contract represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Conlract shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 6A5 DEP Contract No. GC530, Page 10 of I! IN WH'NESS WHF_~,EOF, ~he partie~ have caused this Cou~ct to be duly executed, the d~y ~ud y~r wri~m below. COLLIF.~ COUNTY BOARD OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS ENVIRONMEI~AL PROTECTION Title~im0thY~chat~hY~n .~H~nc'ock, AICP Syst~ms~ef' Bures~ Of Petroleum Storage spec~ i~/ T~ , ,,Number Description Attachment A Attachment BI Attachment B2 Attachment Cl Attachment C2 Attachmcnt D Attachment E Aita~t F Attachment G Attachment H Attachment I Scope of Services (2 Pages) Task Assi~ No6fication Form (1 Page) Task Assignment Noitflcagon Form (! Page) Task Assignment Change Order (1 Page) Task Assignment C~an~e Order (1 Page) Schedule of Ra~ (1 Page) List of Pre-Charged Sites (1 Pages) Comptroll~s Memonmdum No. I0 (2 pages) ~ P, eportins l~onn (I page) Chapter 10.600, Rules ofthe Auditor General (5 pages) Performance Crit~la (2 page) DEPContrsctNo. GC~30, Page I1 of 11 ATrACHMENT A SCOPE OF SERVICES Category I The Contractor is to perform Ill necessary activities to bring a petroleum cleanup site to either NFA/NTA With Conditions or SRC within the most timely and cost efficient manner poss~le. The activities shall be performed in accordance with applicable statutes, rules, and written Department guidance. The activities are inclusive of all necessary clerical and administrative duties, including maintenance of cleanup site files, typing mailing, document and performance tracking, processing time extensions requests, processing preapproval work orders, task assignments and change orders, review preliminary technical reports and addenda, completion of review checklist, information request, meetings, subcontractor management, program management, and liaison with the DEP Contract Manager. The DEP may assign other activities to the Contractor on an as needed basis. The Contractor may perform technical reviews for non-county sites, perform special technical evaluations, or assist the DEP with certain administrative task as mutually agreed upon based upon the needs of the DEP and the availability and expertise of the Contractor. 3. Performance will be measured through the following process and technical audits: go Certain specific performance measures such as data entry into petroleum cleanup tracking databases, (STCM/PC~/SPASM), and delivery of copies of all documents and correspondence to DEP files must maintain a ninety l~.-rcent or greater rating. An audit of 25% of the site files will be performed to determine the rating for these specific measures. All database entry must be made within 30 calendar days of activity. Copies of all documents and correspondence must be sent to the DEP central file within 60 calendar days. The process audit will follow the same guidelines as those required of DEP Tallahassee staff and the Centractor must maintain a sixty five percent or greater rating. (see Attachment I) An audit of 25% of the site files will be performed at least annually to determine the rating for the process audit measm~. A pre audit and post audit interview will be performed with the Contractor Contract Manager. The technical audit will be performed by DEP staff and is performed for the express purpose of insuring consistent application of DEP technical rules and policies. These audits may be performed as often as deemed necessary by the DEP staff but not less than once per year. The number of sites audited will be determined by DEP staffand no specific rating is required. Failure of the Contractor to meet a rating of 90% or greater on the specific performance measures or a 65% or greater rating on the process audit measures will result in forfeiture of the Final monthly payment or 1/12 of the total tasked amount. Semiannual evaluations will be made to determine if the number and level of personnel arc excessive, sufficient or iusufficient. This evaluation will consider the number of active sites, changes in the DEP priority ranking, the projected level of' non-program/voluntary sites, and other mutually agreed upon task the Cons'actor may perform for the DEP. The determination of the number of active sites is based on the estimate that the ES Fl level spending 40 hours per site per year, the PG/PE spending 7 hours per site per year,; the clerical spending 10 horus per site per year, and the administrative spending 8 hours per site per year. The personnel time for additional tasks will be negotiated on a task-by-task basis, and may be considered in the original Task Assignment or as a Change Order. DEP Contract No. GCS30, Attachment A, Page I of 2 County Lead State Cleanup Subcontractor Proon'ement - Performance of all activities usociated with procurcm~t of no fewer than two COUnty cleanup ~ubcontractors (one primary and one backup) to perform site rehabilitation activities at elig~le state cleanup sites within the county. These activities shall be performed for equal amounts of time by a Florida licensed Professional Engineer and an individual at the Environmental Specialist II/Engineer I levd or higher. Subcontractor procur~ncnt activities shall include: Demonsirated compliance with Section 287.055, F.S.; Preparation and advertisement of a request for Statement of Qualifications (SOQs); Review ef all responsive SOQs by a committee of professionals, including the county state cleanup project manager; Selection of the most qualified firm or f'mm; and Analysis of cost proposals and negotiation of coniract terms. Annual Travel and Vehicle Use - Travel expenses for four trips by local program staff for training events or meetings with the Department during one year and expenses for use of vehicles necessary to carry out the site cleanup oversight and management tasks within the scope of this Contract. CATEGORY II County Lead State Cleanup Subcontractors The county subcontractors are respons~le for site rehabilitation on petroleum contaminated sites in accordance with applicable statutes, roles, and written Department guidance. Task assignments issued by the county are used to initiate the subcontractors services. Payment to the subconwactor will be made directly by the county using the advanced working capital as descn'bed in paragraph 9 of the Conua,.-L 16, 5 DEP Contract No. GCS30, Attachment A, Page 2 of 2 FDEP Contract Number' Contractor Name: Contract Manager: FDEP Contract Manager:, T~k D~~: ATFACIE~ nl TASK ASSIGNMENT NOTIFICAllON FORM Task Assignment Numbe': 16A5 Phone Phorm ~. N-- ~ld~l ~ If noceu~rY) Dellv~able: Amount Not To Exceed Ta~k A~algnment Type: fixed Price: Total Tuk A~algnment Value: ,,, J=DEP Contract Mana~r -Cost Center Administrator Bureau Chief -Contractor Repre~entatlv® G~nn G~lfitT, Cemm~ ~ 0dS93) Bmeau of Pea'obmt Smra~ Symems, Acc~xmmm F3mace and Acc~mflnf. Com'ucu ~ SerUm ~) ' 2 C~ Dire Date Date Date DEP Coat.ct No. GCS~O, Attachment BI, Pa~ 1 of I ATTA~ B2 TASK A,~81GNMENT NOTIFICATION FORM FDEP Co~Rra~ No, Contracto~ Name: Tnsk A~ Numbe~. FDEP Contract Manager. Ta~k Deeatptlon: (Use additional pegee If ~ T~k A~lgnn~nt Type: Co~t Relmbur~mT~nt: To~al Tamk Value: FDEP Contract Manager Cost Center Adm~rdstrator Bureau Chief Contractor R~pmtentaUve Date Ome Gwenn ~, Contracts Section 0~S93) Bm~au of Petroleum Storage Systcms, Accountant Buz~au of'Finance and Accoun'dng, Conlzacts Disbmsements Section 0V[S78) DEP Contract No. GCS30, Attachment B2, Page I of I FDEP Contract Number. ATTA~ CI TASK ASSIGNMENT CHANGE ORDER FORM T~k Assignment Number. Change Order Numben 16A5 Contractor Name: Contractor Representative: FDEP Contract Manager. Phone · Phone #: 8501487-3299 Description of change (Uae additional pagee If neceaaary) I~ ~ In t~k amount: CHANGE IN TASK AMOUNT CHANGE iN TA~K TIME IBudgM ~n~atlve Ap~,;,~l FDEP Contract Manager Cost Center Administrator Bureau Chief Contractor Representative Data Date Owcnn Godfrey. Conings ~ {MS93) Butcan of PC'~TOIcum Storn~e Systesml, IrtKal Asitslant Finance and Accmmttnl. Conlracu Disbm,Jements Sectkm (MST~ * 2 C,~ DEP Centract No. GC530, Attndunent ~ ~ 1 el' I TA~K ASSIGI~ENT CHANGE ORDER FORM Till[ Ai~lgtmtent Number:., Chenge Onler Numben. (:~IANOE IN TA~K 11ME FDEP Contn,ct Men. ger Cost Center Admlnlebltor Dm Bureau Chief Dm Contractor Ropmeentatlve Dete cc Gwem Goo~y, Contmm Section (US93) Bureau of Pe~oleum S~:~ge 8y~erne, Accountant F'ianm~ ~ Accounting, Contmc~ Dlebumemen~ ~ectlon (1V1578) - 2 Cople~ DEP Conb'act No. GC530, ,4~tm::f~ten~ C2, Pege 1 ¢~ 1 COLLIER COUNTY UST OF PRE-CHARGED SITE TASKS The following site cleanup management tasks shall not be Invoiced for Catago~y I services during the time frames as specified: Prior to 199S/1996 contmcf~ Precharged RAP tasks for a pedod of 48 month~ after RAP approval date. Precharged MOP tasks for a period of 21 months after MOP approval date, During 1995/1996 contract~ (For Non-program/Reimbursement/Pmapproval sites) Pmcharped RAP tasks for a period of 48 months after RAP approval date and precharged MOP tasks 12 months after MOP approval date. (For State Cleanup sites) Precharged RAP tasks for a period of 12 months after RAP approval date and precharged MOP tasks 21 months after MOP approval date. P-Non-prograrn/ReimbursementA=reapproval S- State Cleanup 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 S RAP 5/1 ~ 118839708 S RAP 7/23/93 118837692 S RAP 8/1/94 118518214 S RAP 8/2/94 118841367 S RAP 5/17/94 118518237 S RAP 9/8/94 118518172 S RAP 9/26/94 118518282 S RAP 10/4/94 118731687 S RAP 10/4/94 118518.332 S RAP 10/19/94 PRECHARGE END DATE 1/3/98 4/20/98 4/29/98 5/17/98 7/23/98 5/1/98 8~/98 8/17/98 9/8/98 9/26/98 1 0/4/98 10/19/98 OEP Contract No. GC530, Attachment F.,Page 1 of 1 AT~ACI~NT F 16A5 ~m~m my be ~I~Lih~ ~ 11~ o~ C~O Of ~ul c~kA. hch ~le~ o~ d~fl~ sh~ al~o cl~ly ze~l~ the u~les and rep~em~ ~A~, ~n ~ ~l~lat~ ~or ~e ~rin~e benerL~a a~t ntt M Ih~. traul ~e~f. DEP Contract No. C, CS30, Attachment F, Page I of 2 DEI~ Contract 1~ GCS30, Attachment Ir, ~ 2 of 2 RULES OF THE AUDITOR GENERAL ~6A5 o~ CHAPTER 10.600 AUDITS OF STATE GRANTS AND AIDS APPROPRIATIONS UNDER SECTION 216.349, FLORIDA STATUTES EFFECTIVE 9-30-96 D]:P Con~ract No, C, C930, At~chment !I, Pap I of $ RULES OF THE AUOtTOR GENERAL CHAPTER 10.600 16A5 Rule 10.610 10.620 10.630 10.640 TABLE OF CONTENTS ..EF^CU TO LOCAL GOVE'.N.Em'AL ,ONP.O~'rr OR(~TIO, S ................................. FORPROFIT ORGANIZATIONS .................................. 4 ,=F~c'r~ OA~ .... . ... AP,~NO~X .......... :::::::::::::::::::::::::::::::::::::::: PREFACE TO RULES Sectlo~ 216.349, Fiodda StaflJtes, Imposes audit requirements on recipients of grants and aids appropriations from Stat~ agencM. The grants and aids approprtatlons referred to in Section 216.349, Florida Statutes, are tho~e de~ignMed as 'grants and aids" in a Florida appropriations act. ~ beginning point of any audit required by this sectio~ of law should be a determination of which State mo~eys received by the at,,dit~e are grants and aids approprtations as described above. The Auditor General ha~ ~o ~ or mstx:~iblllty to determine which grants and aids The~e rules apply o~ly to grants made by State agencis~ from appropriations designated as "grants and aids" in a ~ approprlatiorm act. ~ rute~ do no~ apply to grants made from sources of money other than lho,~ de~gnated a~ "grants and aids" in a Fkx~a approprtatio~$ State agency may Include Federal and local grant money~. These rules require a Schedule of State Financial A~istance, which in effect requlr~ that State grants and aids approprlatio~ moneys be shown on a separate ~:hedule or dilated whe~ included on a schedule The Schedule of State ~ A~istance may be combined with the Schedule of Federal Financial Assistance for reporting purpoee~ ~o ~ a~ the State grants and aids appropriation mo~ey, are dearly idendfled and ,hown separately. Ukewise, the compliance repo~ on State grants and aids appropdatio~ mo~ey~ may be combined with the compliance report on Federal flnanctal assistance so long as the language of the report dearly indicates that the required assurance also applied to ~ State grants and aids appropriation moneys on the schedules. DEP Contract No. GC530, Attachment H, Page 2 of S 16 5 If an audit is required pursuant to ~ 216.349, Florida Statutes, these rules require a compliance report which shall address State grants and atds appropriation moneys. The compliance report required under thase rules is the lame for local governmental entitles, nonprofit organizations, and for-profit organizations. The referenced auditing standards am different for each type of entity but the audit procedures should be essentially the same for each type of entity. The auditor must determine from the grant agreement end/or inquiries with the granting agency the level or amount of testing necessary to report o~ whether or not the expenditures of the grants were in accordance ~ all legal ami ragulato~y requirements end 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 money~ for both Federal end 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 speclflcal~ 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. Histos, y: N~w 0~10~3 Amended 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 i~ a local govemrnental entity, the audit shall be made using applicable standards from Government Auditing ,5'landards (1994 Revision). At a minimum, applicable standards should include those standards which refer to compliance with law~ 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 auditors tests of compliance with app,=able lew~ and regulations. This report, which may be included in either the report on the financial audit or a separate repo~ should present the results of the auditors tests of com~, including all Irr~mtties, Illegal acts, and other instances of noncompliance It,at am material to the financial statements. Additionally, the report should refer to the S<:hedule of State Financial Assistance. 10.620 (1) NONPROFIT ORGANIZATIONS Definition - The term 'nonprofit organization' means any organization which is not a governmental ent~/, or a for-profit organization. DEP Contract No. GCS30, Atttchmeut H, Page 3 or s (2) (3) 16A5 When an audit is requital pu~uant to Section 216.349, Florida Statutes, and the entity receMng the grant ia · nonprofit organization, the audit shaft 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 end regulations. Grantor State agencies may also Impose additional requirements. The audit report produced In compliance with 8action 216.349, Florida Statutes, shall contain a schedule of 8tate 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 tn either the report on the financial audit or a separate report, should present the results of the auditors tests of compliance, Including all irregularities, Illegal acts, and other instances of noncompliance that ara material to the financial statements. Additionally, the report should refer to the Schedule of State Financial Assistance. General Author~/and Law Implemented -Section tl.45, Florida Statut#, and $~:tlon 216.349, Florida Statutes. History. New 0~.30-g2 Amended 0~1043, 0~044, 0~-304S 10.630 (1) (2) (3) 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 to Section 216.349, Florida Statutes, and the entity receMng the grant is a for-profit organization, the audit shaft be made using applicable standards from genera~ 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. The audlt repod 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 auditors testa 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 auditors tests of compliance, Including all irregularities, illegal acts, and other instances of nof~ompliance that are material to the financial statements. Additionally, the repod ~hould refer to the Schedule of State Financial Assistance. 10.640 EFFECTIVE DATE These Rules, as amended, shall take effect September 30, 1996. and are applicable to aud'~ for fiscal years ending September 30, 1996, and thereafter. General Authority and I.~ Implementld - 8e<:tlen 11.4~ ~ a~ ami ~4ct}~121~.34~, Florida Statutes. HA'tory: New 0~10.g2 DEP Contqlct No. GCC30, Attachment H, Pale 4 of S 16A5 APPENDIX EXCERF'r~ FROM FLORIDA STATUTES, 1996 Amended 0~30-g3, 0~.30-M, 0~-30-g5, 0g-30-g6 216.349 Financial review of grants and aids appropriations; audit or attestation statement. - (1) Before disbursing any funds from a grants and aids appropriation pursuant to a grant or contract, the state agency, or the Judicial branch, authorized by the appropriations act to administer the funds and the Comptroller must Independently ensure that the proposed expenditure Is in accordance with all legal and regulatory requirements and find that the terms of the grant or contract specifically prohibits the use of funds for the purpose of lobbying the Legislature, the Judicial branch, or a state agency. (2) Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an au<fit performed id accordance with the rules of the Auditor General promulgated pu~uent to s. 11.45; (b) If the amounts received exceed $25,000 but do not exceed $100,000, have an audit pedormed in accordance ~ the rules of Ihe Auditor General promulgated pursuant to s. 11.45 or have a statement prepared by an independent certified publio accountant which attests that the receMng entity or organization has complied with the provisions of the grant; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of the grant. All audits performed or attestation statements prepared under this subsection shall be filed with the granting agency and with the Auditor General. History. - I, 2% ch, 91-109; I. 7~, ~1. 92-142. DEP Contract No. GCS30, Att~clunent H, Pale S of S 16A5 ATTACHM~I~F ! rerform·nce Cflferfs Local ProgrL, n Contractor 'l'ne performance evaluation of the Local Prog3'am Contract will be based on a composite of the following two areas of respons~ility. For each area of rcspons~flity, a rating of I (lowest) through $ (highest) will be assigned. The ovcrall con'qx)site will be the average of the ratings for the two areas. Program and Non Program flmellnen and site Inspection quota Preappmval program invoice approval or denial letters should be written within five working days of reques~ by the consultant. .... 2. Work Orders negnfialion should be initiated within two weeks of receipt of a work order proposal. Change Order prepiration (or negotiation if necessary) should be initiated within two weeks of a change order proposal req~e~. ..... Review of Deliverables such as CARs, RAPs, O&M status rcpol~ etc. should be initiated within 30 clays of receipt ..... Five percent of sites that are managed by the site manager will be inspected on a quarterly basis with the overall goal ofinspectlng 25% of sites on an annual basis. Overall rating of 1-S In accordance with the a~ched table a pe~onnance rating of I through $ will be assigned depending on the actual percentage of turuaronnd goals achieved. Co--ts: (comments are mandatory for mting~ of I or 5) Quality of site management aet~dtie~ This is · rating of I through 5 that reflccta the quality of site management activities, such as following ix)facies and pt~eclun~ (prupproval SOP), negotiation abilities, demons~ating Sx2od judgment on cleanup and assessment issues, maintahzing professional and ftmiable relationships with contractors, and Over-aH rating of 1-5 Comments: (comments ar~ mandatory for rutinp of 1 or S) DEP Contract No. GCS30, Attaelunent I, Pag~ 1 of 2 16A5 Oyerall p~for~ntnce eulut*ton seore ts the tyert~e of the two criteria lb~ed tboye on a scsle of l-S** .-- below sathfactory satisfactory above sathfaaory excellent 0 DEl' Contrlct No. GC.~, A~ichmeut L, Pare 2 or 2 1 TA~K A3SIGNMENT NOTIFICATION CATEGORY I SERVICE~ FDEP Contract NumberLGC 530 ~ . Task As.lgnmant Number:. Contractor Name: .Collier Count~ Pollution Control Department Contract Manager:. FDEP Contract Manager:. Hemp PHdoen_ Task DelcHpflon: (Ule iddltlonal p~ges If necelsiry) .Perfom Category I petroleum contamination site cleanup sen,Ices on 22 petroleum contaminated ?tea and aa aescribed in Attachment A, Scope of Services of FD£P Contract GC 630. t Phone Phone ~. 850l 4~7-3299 Deliverable:.Completion of all activities, documente, leflerJ, data _entry, etc., par 8cope of Servicea listed in Attachment A of FDEP Contract GC 630 Task Assignment Type: Amount Not To Exceed Fee Schedule _ $$4,289.05 Total Task Assignment Value _ $$4,289.05 Due D~te: ~I30/98 cod. E.o. ot3~ cod, ~ c~/, ~ Yr. 374504o54oe B 3 132500 4710 104132 97/98 'FDEP Contract Manager Cost Center Administrator Bureau Chief Contractor Representative 'Date Date Date 'Date !.6A7 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND M~klNTENANC~E AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~' day of=C/~, 1997, between Conquest Development U.S.A., L.C., a Florida Limited Liability Company, he.~inafter 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 .w. ith 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 Devel..op?r. to post appropriate guarantees for the construction.of the improvements re.qui~d by said su. bdlv?l.on regulations, said guarantees to be incorporated in a bonded agreement tot tr~e construction ot me required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1."'" Developer will cause to be constructed: Water, 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 estim&:e cost to complete the required improvements at the date of this Agreement. I of 3 e 16A7 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 not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furmshed to be reviewed andapproved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements: or b) notify the Developer in writing of his refusal to approve improvements, 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. The Developer shall maintain all required improvements for a minimum period of one year after preliminar~ 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 imp. rovements 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 w~th 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. in the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not 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 e 16A7 AIl of thc terms, covenants a~l conditions heFein con.ned ar~ and shall be binding upon the Developer o~! the respective successors and assiLms of the Developer. IN WITNESS WHEREOF, the Board and t~ Developer h~ve ~.used this Agrcetnent to be executed by their duly authorized representatives this ,~ day of.~_..~_i~Z..~, 1997. Signed, Sealed and Delivered in the presence of: DEVELOPER A ~Co~Developrnent U.S.A., L.C. . Limited Liability Company P~inted or (yped name .... ~J Printed or typed name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 3 of 3 Community Bank COLLIER COUNTY LAND DEVELOPMENT CODE IRRI;VOCABi~ STANDBY LgTIT. R OF CREDIT NO, 6015.35 Iss~tR: Citizens Community Bank ofFlorlda (here~er "Issuer"), 650 E. Elkcam Circle, Marco Island, FL 34145. PLACE OF EXPIRY: At Issuer's counters. DAI'X OF EXPIRY: This Credit shall be valid until October 8, 1998, and shall tlz'rmfler be autotmi:ally retz'wed for successive one-year periods on the amgverau7 ofits issue unless 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. . AI'I, LICANT: Conquest Developments, USA, L.C. (here~er 'Applicant"), I001 Silver Lakes Blvd., Naples, FL 34114. BENEFICIARY: Thc Board of County Commissio~ Co~-r County, Florida (hero.er "Beneficiary") c/o Offx~ of the County Attorney, Collier County Courthouse Complex, Naples, AMOtnvr: I;31,430.96 (U.S.) up to nn aggregate thereof. CREDrr AVAn.,ABt.t WITh: Xssuer. BY: ~ a~inst~~~and ~'sdrafts at sight drawn on the Issuer. DOCUMENTS RgQIflRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRA~I ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER+ CERTIFYING THAT,.. Cortc[tleSt ]3~-v~loprlleats. USA., L.C., has failed to consUuct and/or maintain the imgn'o~ associated with that certain plat of a subdivision known as Silver Lakes, Phase 2-D or a final inspection satis~ory to Collier County has not been performed prior to the date of expiry, and satisfacto~ alternative perfonmnce security has not been provided to and fonmlly accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LFITER OF CREDIT MUST BE MARKED: "Drawn under Citizens Community Bank of Flo~= Credit No. 601535 dated October Il, 1997. ~ original Letter of Credit 650 Eaat glkcam Circle · Marco !t_!n__,_d. Florida 34145 TEL.* (941) 389-1800 * 1800) 80S.0OSS · FAX: (04Il SS0-248S * www. ecbank.com MA/I,INO ADDRE88: EO. Box 1009 · Mm*co Island. Florida 34148-1999 This Letter of Cr~lit sets forth in fun the tenm of the Issuer's undertaking nnd such undertaki~ ~ not h any way be ~ ~-nded, or nn~ by ref,.-r~x:e to any document, ~ or agreement r~ferenced to herein or tn which this Letter ofCr~dlt r~tates, snd any such reference shnll not be deemed to incorporate her~in by reference any document, instrument, or al~"ement. Issuer hereby engages with Berzfichry that draft(s) drawn ttnder and h compliance with the terms ofthis Credit w~l be duly honord by Issuer ifpr~sented within the nlidhy ofthh Credit. CITIZENS COMMUNITY BAN~ OF FLORIDA By:. " David E. ~ S~dor Vic~ APPENDIX A ~ STANDARD LEGAL DOCU~£NTS This Cted~ is subje~ to fie Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commem:e Publication No. 400. Ctrmm~s CO~RmnTV B^~ oF FLoRIn^ '~~ David E. Mclean Ser~or Vk=e President 16B1 GOI~ON ~ ]~rl~SION BASIN STUDY INTER.LOCAL AGREEMENT AGREe, made and ~at~'Tud into this ~' 1997, by and between the City of Naples, a municipal corporation, hereinafter called the "CITY"; and Collier County, a political subdivision of the State of F{orida, hereinafter collectively called the "COUNTY". · WITNESsETH WHEREAS, the COUNTY proposes to ~gage aa enginc'~.'ring - environm~al consultant to petform a comprchcnsiv~ engincerlng ~aluation and environmental a.~ssm~t stud), of the Gordon Rivet Extension which involv~ Colliet Counl~, the Ci~ of Napl~s and lhe Big Cyprtss Basin; and WHEREAS, the CITY and COUNTY a~ to a joint sponsorship along with the Big Cypress Basin for the comp~heusive b~n stud~ ofthe Gordon PJv~' Extension watershed to me~t the d~'~ir~d objectiv~ of flood control, groundwatet r~cba~ge, watet qualit~ protection and environmental ,~-nhanccmcat (th~ "Proj~-t"). A"Scope of ScTvice" shall bo developed that is mutually a~ble to both the CITY and the COUNTY; and WHEREAS, the CITY and the COUNTY, in considetation of the mutual b~efi~ to each public entity, do het~by agree to shs~ in thc estimated $600,000 cost. The CITY, as a joint spor~or of the "Proj~'t" will contribute up to $100,000 (16 2/3%) to supplement thc $300,000 ($0%) fiscal ¥~r 96/~7 budget commitment of the COUNTY. In addition, the Big Cypress Basin bas ~ r~lu~cd to contribut~ $200,000 (33 1/3%) towards thc s~udy. Should the cost of the study exceed $600,000, aa mncndmcnt to this Intet-Local Agreement may be ncgotia{~d ~ the CITY and the COUNTY, and WHEREAS, the CITY will participate and provide input to the consulumt select,on princess ~d will also provide t~chnlc~l rcvlcw ofth~ v~ious t~sks completed by the consultant. The COUNTY will be n~onsible for assuring that an), consul~s necessary for the completion of the "Proj~t" will be selected in compliance with all , applicable s~at¢, local and f~[etal laws and ~guht~ons. [t is anticipated that the consultant will b~ selcct~ by mid 1997 and th~ study shall tak~ ~2 to 15 months to complete; NOW THEREFOR~ based upon the mutual covenants herein and other valuable consideration, the parties agree as follows: 1. The above recitals are tree and correct and incorporated herein. 2. The COUNTY agrees to pay the sum not.to-exceed $300,000 ($0%) and the CITY agzees to pay the sum not-to-exceed $100,000 (I 612~%) towards the consultants services, unless there is an amendment to the Agreement. 3. The CITY shall pay the COUlqTY in three equal installments as follows: · Upon completion and revlewby the CITY ofthe Hydrologic and Hydraulic Study, the Environmental Assessment, the C-roundwatet Studies and the Water Quality Study: one-third payment not-to-exceed S33,333. · Upon completion and review by the CITY of the Engineering/ Environmental lntet-Relatlonal Analyses: the second one-third payment not-to-exceed $33,333. . Upon completion and review by the CITY ofthe Comprehensive Basin Management Plan: the final one-third payment not-to-exceed $33,334. 4. Thc COUNTY shall contract with thc consultant in accordance with the COUNTY'S purchasing policy and standard COUNTY procedures, and all applicable state and federal laws and regulations. Thc CITY shall have the tight to review and approve all contract documents pilot to their execution by the consultant. The COUNTY shall be solely responsible for monitoring the performance of any consultants hired for the "Project" and making payments to the consultsnL The CITY shall have no obligations to the consultant and shall not be a party to the contract between the COUNTY and the consultant. The CITY's sole obligation will be to make payments to the COUNTY as set forth in this Agreement. Any contract between the COUNTY and the consultant shall provide that the consultant shall indemnify, defend and hold the CITY harmless in the sam~ manner that the consultant indemnifies, defends and holds the COUNTY harmless and shall list the CITY as an additional insured on ali policies required of the consullan~. 5. All r~-ports prepared for the "Project" shall bejotnt property of the CITY and the COUNTY. 6. This Agreement can be terminated by mutual agreement ofboth panics and shall be r~orded tn th~ Official Publi~ Records of Collier County. IN ~S THEREOF, the parties hereto have caused this tnsimment to be executed in duplicate by their proper ottlcials, duly authorized so to do, and have affixed their seals the day and year first above written. ATTEST: TARA A. NORM.gN, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: KEI~ETH B. CUYLER. ESJ~I~.E ROETZEL & ANDRESS, Professional Association .~: ~ Attorneys for ~he City of Naples Ai'~..",? :... ~OA~W OF corem, co~.nsmoNs · "~ ~ ..' .' ~' .~' ". COLLIER COUNTY, FLORIDA ".':~ L£0AL S~CI~:N.C~='; · ~'~ D-avid (~. ~iesel Collier County Attorney AWARD ~/95-017-P56 ADDENDUM Ill TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM III to the Conceptual Approval Agreement is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the SRtat.c .of Florida Depvtment of~,Community Affairs, and COLLIER COUNTY ("FCT ec~p~ent"), this/./_~"day of. 7/~,,,~ 2:~...~ ,1997. WHEREAS, 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 ofthe FCT Preservation 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; WHEREAS, the Conceptual Approval Agreement was 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 Agr~-'rnent and in compliance with Rule 9K-4.010(2)(k), F.A.C., has timely submitted to FL'ri' 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 nunc pro tune 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 panics had both signed it before November 8, 1997. ADDIII\95-017-P56 9-24-97 :%' hereby extended until May 8, 1998. The Conceptual Approval A~-ement by and between FCT and FCT Recipient is 4. The date of execution ofthis addendum shall be the date that the last party signs this addendum. THIS ADDENDUM HI TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM II, ADDENDUM I, the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A", "B", and "C" embody the entir~ Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM III TO CONCEPTUAL APPROVAL AGREe. COLLIER COUNTY FLORIDA COMMUNITI~ TRUST '" Accepted as to Form and Legal ~: Sufficiency: · ,e~:~,-,.. · - Accepted as to Form and Legal Suffi~ :: ADDIII~95-.017-P56 ~?:, · 9-24-97 2 Date: To: From: Re: Oc2ober 23, 1997 Roger Evans, Business Manager Health Department Sue Barbiretti, Minutes & Records Item %16C3, BCC meeting date= 10/28/97 Please find at2ached one original Orant Application that was approved by the BCC on Tuesday, October 28, 1997 ana must be forwarded to the State for processing. If you have any questions, call me at 774-8406. O~ L Project Description/Target Population to be Served A. Provide an overall description of the proposed project. Tho goal of this proposed project is to enha2w~ tho existing system of providing primary medic&! ctr~ to tho poor and"ne&r poor # h Col]~' County. The county's network of providers has made a credkable contn'bu~ion to providing indigent heslth care in the rural center of Immokalce. In Naples, the largest dry in the county, howw~r, tach health car~ is nascent. Fortunately, this project has one overriding asset-the assochted network members sro committed to its tccomplishment. For the purposes ofthis project, chlldrm and fhm2y health Is divided into the three program - areas ofwomen's health, pediatric medicine and ndult heslth. Because of historical priorities and availability of funds, the most silp~cant progress to date in tho county has been made in women's health and pediatrics. For that reason, the new program ef~ns for those two spedalties will be directed to important refinements, The basio work to be done will be to establish an easily acces.~'ble source of primary health car~ for poor adults in Naples. ~Fom~n 's Healtb C~llier County can rightly be proud of'its programs for prompt women. During the past several years Collier Health Services, Incorporated (CHSI), a privalo not-fbr-profk health care corporation with close parmership with tbe Collier County Health Department and the Naples Community Healthcare System hsv~ dovgopod a prenat''t ~ement system that, according to most statistical indicators, is the best in the area and equal to any in the state. Data reflective of" Iow birth weight infknts," "very Iow birth wdSht ~ts" and infant mortality are excellent by comparison to other counties and continue to improve annual. Collier Health Services, which now manages nearly 2/3 ortho county's pregnancies every year has made state-of-the-art pmmal care possible ~or women ofall income groups. CHSI hs brought high-risk pregnancy management on-site to its cli~cal sites in Immolcaleo and Naples, as well as providing ultrasound, and non-stress testing (fetal monitoring) ~t both locations, Furthermor~ CHSI and tho County Health Department are close partners in preparing women for motherhood. Whh the County Health Department staff as the "care coordinators" and CHSI tho medics] providers, ~vnds obtained through Healthy Stml ~ used to employ staffto tes~h pm'entins, childbirth, nutrition, breast feeding and off.er psyc~social counseling. The rnissin8 part of'an ideal prenatal plan is delivery. While CHSI premtal p~tients are delivered by some of'tho pro-eminent physicians in the court, those patients do not know who will deliver their children. They are delivered by the doctor on call for delivery who more than h'kely will not have seen them prior to the delivery. This delivery arrangement and the potential for untoward events, includ~g uncertainty on tbe part of't~ mother has engendered the enhancement to the women's health program. Collier Health Services will modI~ Its progrtrn to ensm~ u ~cit as possible that tl~ cl~cian manaslng a p&tient's prenatal cam will deliver her child. That will I~ accomplished by hlrin8 into the company, obstetricians and nurse midwives who will h&v~ or obtain hospital privileges for dellv~y. No ~rant funds will be used for the hiring ofthes~ clinicians b~t theh' salaries and benefits will be included as part of'he local match. The partners of'the applicant network are satisfied that this program improvement will result in healthier, more well adjusted mothers and intknts. Health The 1996 f~undin$ of the Children's Health N~work, a group ofpediatgc medical pro,~iders, marked the beginning ora ~ posa'billty for high quality pediatric care for all ofthe children of Colli~r Cotlt~. '[~ stated mission ofthat group b 'to cna~ that ~ry chtM in Colli,r Coawty Hospital to provide specialty cam ~' Network patients. Th~ group Includes ColHer Health Services locations - the Marion E. Fether Medical Center in lmrnokalee, C_ml~or~ Medical Group at the CoI]ier County Governme~ CenIer, tl~ East Naples Medicnl Center, and t~ private pediatric offices in Naples, Marco Island and Golden C-tt~, The new offices have begun with great success and should havu considerabl~ impact on indiS~nt pediauic car~. However, ther~ continues to be one fi~cility that is inundated with poor, sick ~ that is th~ pedimi¢ clinic at "health deptnment" and is the r~positoo' lbr m'emls of'all sick c, tnldrm whose suardiam hav~ no method of'payment. The r~sult$ am Ion~ ~ and long waits. Most oftl~ children comin8 to · that practice ar~ ill and sr~ not co~ with return appointments for ~ child physicals ~l/or immunizations. Also because this is th~ location of'tim former health department children's health clinic, ~ children am brought them to hsvu their immunlzalions updated-th~ never intend to becon~ activ~ patients. Tim health department had alleviated a great burden on the primary cam staff~ conductin~ immunization clinks ~ non-patients of the peri. trio practice. The enhan~m~t to the county's pediatric program will be increased support ofthe children's health program at the Government Center practice. This will require the hiring ora full-time pediatrician or pediatric nurse practitioner. Again, this will be accomplished without grant funds and will be considered part of the local mtclt This enhancement will allow i)r tn additional 4000 appointments and will permit ausmented to]low-up of'those children in need of'medical management. The adult health program in Naples is the focus ofthis application and will receive all ofthe grant ~md$ awat'ded. In 199:5, Collier Health Services contracted with tim County Health Department to operate its adult health pro,ram. That prosram serves about I~0 adults under the abe who ara afflicted with chronic diseases such as d'mbet~ hypertension and heart disease. The adult health clinic also treats patients dialp~osed with or contact to STDs a.,td adults with acute illnesses 3 who h,tve no financial resources, and thus no place to ~o. Vtrtual~ none et'the patients served in the a~It h~ proem hu inmr~ or Is able to pay for m~ ~e or for p~~ti~s. ~e Co~ H~th Dep~m~t m~tg~ a p~~ at the ~~~t ~ter wMch ~ofi~y h~ prodded m~i~ons "~tis" to a~lt h~ ~ti~t~ ~le bills ~ p~d, · ~ ~ ~o~ n~ p~d. B~ of the la~ of~y CHSI ~ pm~de a ph~id~ og7 16 ho~ ~ ~a~y the o~ souse o~pfi~ ~e for iMig~t a~lts ~ Colli~ Count. Funhe~o~ peri,ts ~e refe~ to ~at p~ai~ when the ~ct ofthelr ~ ~e r~ou~ n~~ to ope~te ~e ~in8 pro~ ~d no ~come ~1~ no ~gon ~ be ~flclpat~. The intended use et'grant fimds for this project will be the development et'an adequate adult health program in Haplea. That will require hiring a Rfll-tlme physician who is board certified in internal medicine. A nurse practitioner cannot be used in this position because of tho preponderance of'chronic disease patients, many requiring advanced techniques. The physician will have or will obtain admitting privileges in tho Naples Community Healthcare System. To assist tho physician, nursing and clerical staff'will be hired as well. While all patients will quaii~ for admission to this program, the large ntrmber ofapplicants anticipated when compared to the available appointments will require a method oF selection by priority. The priorities will be as follows: 1. Chronic Disease Patients with Acute Illness 2.- Chronic Disease Patients 3. Non-chronic Disease Patients with Acute Iffnesses 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. Space 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 prosram. Rental fees for the two days will be paid by the applicants as part et'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 require specialized education in order to prevent complications associated with their diseases. For example diabetics need specific instruction in nutrition and in froot cate as amputations are a significant risk ofdiabetes. The Collier County Health Department will be provided with grant funds to hire appropriate staffto educate and assist the chronic disease patients. Those educational sessions may be accomplished in classes et 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 cndcavor whenever possible to obtain free laboratory service from tho Florida state laboratory. 1603 4 When tht is not poss~lo, patients will have laboratory specimens obtained in the adult health d~artment ~nd sent to a cooperating locsl Id)orstotT. All records, data, snd reports will be the respo~ibillt7 ofthe adult health program stall. B. Provtdz a d~zcrlptton of the unchr ttrnd t~otndatton. ~e u~~ popula6on (for h~h) Th~ ~ p~r, but for a ~ of~oM ~ ~ ~~tion ~ or ~ ~on do not ~ for M~i~d. Perhaps ~ ~ u ~0~ ~ a ~'s ~ of~) ~ ~8~ or ~ ~ ~~ ~o o~ p~o~ ~ ~r ~ ~W ~ in ~ur ~ of~, C~, ~ I~o~ n~ Bodts Sp~ h ~ld~ ~e or ~ ~ ~ ~d S~th T~." ~~ ~ of~ ~ ~~ m~ ~~ ~ ~ ~m ~ ~Y mpl~ pm~d~ h~th ~~ ~d f~ ~ ~1~ (or ~II~ to ~ h~ ~ b~s. M~ of~e ~d~ ~me ~m ~ p~t f~ Of~h~ h~l~ ~ Col~ Co~, 33% ~ ~ow ~e ~ !~. ~ do ~t ~ ~~ of~ ~ ~ ~ ofth~ p~ for a~t~ ~~ ~ do ~t ~ ~r ~~ ~ ~d ~~p ~e ~t ~pdafion is chef,zed by ~Io~t ~ut h~ ~~ or ~ low ~ p~ ~ t~ ~ ~ ~ ~t ~ opfiom ~ pro~ ~ ~ ~ ~uu~ ~~~ ~ h ~ o~ ~ of pd~ ~ ~d ~ ~~ for ~os~ ~p[~ ~ p~ ~ ~I ~t p~ h able to off~ o~o~s ~ to o~ ~out 150 pa~ w~ ~e~o~ ~d oth~. ~~ none of~ pali~ ~ ~ ~ent of~ ~d for m~ ~ or p~ac~ti~s. C. Provide an estimate of the number ofpersons needing service. As many as 3,500 need the primary health services to be offered by this project. Fourteen hundred ofthem are pregnant women who will be delivered by the CHSI obstetrical/midwife staR[ Another 1,500 are poor children who at present do not have medical home. Another 600 are indigent adults who either have a chronic disease and need ongoing medical management or will suffcr an acute illness in the next year but will be unable to be accepted as patients by private practitioners in Naple~ becaus~ oftheir flran~i~l status. D. Descn'be the specific services nceded. The following services are needed by the underserved people in Collier County: IYomen ~ H~dth 1. 1,400 pregnant women whose prenatal care is managed by CH$1 need to be delivered by the ,¸4 1.. 6C3 $ same clinicians who provido their prenatal care, 2. Family Dlsnning for CH$I patients inNaples needs to be entranced. 1. C-rester access to pediatrio cam needs to I~ svlil~la to more poor childrea in Naples, , Well child management for poor pedlatrlo patients inNaples needs imixovement, . Childhood immunization levels need Improvement, I. Poor and near poor adults in Naples need & sourc~ ofprim~7 medical .c~. · Adult chronic dlseasu patients nted uststsnce in tho management of their diseases, F.. Indicate th~ ~ciflc number o/people to b~ ~e. rved through thls proJect. H. ltetlth Benefits to be Wovided/Schedule of Benefits and Services A. Provide · description of what services will be provided by completing and inseninll Attachment 1. B. Provido · description ofhow eligibility will be determined, by whom and how tho required Eligibility for primary care in women's health, pediatrio and adult health will bo determined · ccording to the extant CH$1 financial ellgiblllty system. All patients are considered to be eligible to receiv~ services. Patients who have publJ~ of'= private Insunnce will hav~ those third party payors billed for medical cam. All otto' patients will be r~pongble for payment ofthelr bills. All CHSI provider sites I~va a sliding foe available for self-pay patients. Financial ell~'bility in determined by the registration stAff'when the patient registen for service. Tho staffcollects and verifies financial status dot· which is tho enO'ed into · com~ter dstshso. Support documer~s such as rent receipts, receipts for child care and payroll stubs are required Cd'they are not provided, the patient is placed irt tho highest payment category until tho documents am forthcoming). The computer program calculstes the patients paymesvt status and the required co- payment. A co-payment may be waived only with the assent of'tho offlco manager. C.. Provldt a de~rtpt/on ~f ltow f~ will I~ dtttrmined and ~cl Collier Health Services, Inc. is · Fedmlly (~trdted Health C~'it~' O:QHC) and as ach has its ~,~ schedule for Medicald determined accordin$ to a formula thai Is reviewed and renew~ annually. The fee is based on the cost ofa "bundla ofse~dces" including medical care and other costs boron by fiw provider such as transportation, translation, social sendces, laboratory charges and others. For non-Medicaid patients, fees are determined annually by th~ financa department and ratified by 6 the company's bosrd o/'directort The c, lculalions are based on ~ formula that includes operstinS costs, fhandal losses, reveaues collected and otben. The current marl~ value ot'servlce~ in the curr~ medical environment also phys an important role in the detmminaflon of'feet As an FQHC, CHSI hu st sli<Fu~ i~ scale availabb to all l~ients. That scale is determined annually eccordins to t'eder, l poverty Wlddnos. The slldln~ fee sceh'slides" at dilred~ roes for vuious mwlces. Per example, the phrmscy dmrl~ can only slide down to a predetermined floor beceuse of'the cost of'phtrmaceuticalt Ail fees are assessed according to tim ~ fee f'ormuh end a~ applied equitably to l~tenu ~ ~ A mlntnn~ cbarl~ again based on financial qua~cvion% is billed to all pstients. Histo~, in the CHSl patient population, ma~ bilh are not paid. If'the l~tient does not pay at the time ofservfce, a bill Is mailed to tho patient's add. sa ofrecord. Many of'these bah ~o uncollected. IIL Hospital Inpatient Servke~ All patients rexluirin$ hospltafization w~ be admitted to the Naples Co~ HeaJthcare oS.y~t.~ _em (NCHS) eith?- ~ ~e N,pl~.Co..mm~. Hospital or tho North Collier Hosp~ As part [me program to en~tnco women s neath services, CI-ISl will be emplo~n8 obstetridans sod or hospital in the county pert'ormu~ deliveri~ Six of'the CHSI Clu'Mrm s Health Network ~,,. s, eu auu~L ~'~um ~ompoDcnt Of thiS ect Will oe ' · .,~ ~_ ~___.~_, ......,j~?j.e . reqm~ to here or obtain privileges n ~o .,,.,~.~. · ...uspsuu Mu agree to smn~t ~ pafient~ re.'md by CHSI Children's Health Network physicians. The NCHS will bill patients accordin~ to their usual procedures bul will not reRtm to admit any CHSI Children's Health Network p~ient btsed on ability to psy. None of'tho fmandel resomces derived fl'om this ~rant will be used to pay for inpatient hospital cue. 1~. Proposed Service Network, .'-';' ~' ~'"~ "~' Pstqgsms for m~ past ? yurt wl~en they weru located in the same faal~ty tn Immoka/e~. Toih · . , ...... .y, the partnership continues as CHSI vnmarv care se~we~ in women s ina adult health, ped]atri and dentistry hetlth ~ ~,. ~:..,.. ;r~--:..-= _. · . _ C~ _ . It the____~ o~amnt/ons also work to~e,~r h pmv/d~ healthy start prosmna to l~Snant women and ~ i~ucnts. ~;Olller ti~tltlt Sel~c~ ~ I ~rO FeCeflt Na les ...... " p Commumty Healthcare System, but that urdon bas serml wall tho poor people of CoRier 7 County. The hospital system was instrumental in helping to provide communky support to bund the CHSI Marion E. Father Medical Center in lmmokalee and aided in the creation of tho Children'· Health Network. That network, one ofthe newest orgy; -r, ioral panners, is · family of five (5) pediatric practices dodictted to ensuring that every chi]d in Collier County has · medkal home. Two of the areas pre-eminent ~~a are anon8 tho founders oL'thL, s network. Adult patients ~re not neglected by the network. The Senior Prienclship Center pmvicie~ primary medical care (and a plethor~ ofccp:Iai and other support service·) to people with health ne·els who ~re over 65. Staffed primarily with volunteer physicians and staff, the Senior Friendship Center fills · vital gap in tho provision of health care. The new Florida Gulf'coast University is the newest member ortho network but promise· to add ~n important component. The predecessor of the University'· School orN'ursinL then part ofthe University of $outh Florida, has worked with CIa, SI and the Cotmty Health Depmment for several :years conducting community research to assist in the planning ofpublic progran~. There promises to be considerable need for the University'· ~ in reviewing progre~ and defining f'oturo needs for this pro]ecL Communication and coordination of service will be managed at tEree levels: '1. In daily operations in.formation will be shared electronically vie · local network that is in pl~.= and operating. Referr~ will be developed on templates and communicated to the receivin& agency by this system. This will save the need for creation ofmultiple copy forms and the time of transmission. Other information such u requests for medical summaries and birth st·ms records will be transmitted in the same manner. Medical chart iMbrmation (such as prenatal records) will be managed acco~g to established protocols. All ofthe network members have personal computers that axe adequate for the communications system and the electronio linkage· ~re simple to ae.~eve. 2. Data on progre~ of the project will be shared among the members ortho network monthly by the electronic communications system. A data set, agreed upon by all ofthe members will be completed by the appropriate agency representatives and fotwaxded as electronic messages. 3. Not less th~n quart·dy, supervisory member~ of tho various network members will meet to discuss progress and needs. Cost Effectiveness. A. Describe how cost effectlvene~ will be measured (e.g.. reduced harpitai emergency room 16CJ 1. l~ma~tZf~-'[~c~s~~w~hr~uce4comfoc t]d~ehborvhlt~toth~ 2. ~[lig~ltl[g.i~ltg- The cost benefits will be reduced corn for: unnecessary ~ room visits, treatment For vaccine preventable diseases, ~e ~ ofdevelopmental problen~ VL Patient and Provider Sitlsfaction. Provider satisfaction va'II be closely monito~ through m/fmeetin~ taxi the quutedy combined prosrmn supervisors' meedng. ~. De~ ho~ pat~nt~ ~111 I~ In/ormed al~t.~,~ amtlabl#O~ a~l t)~r applicabk Patients will be i~ormcd about tho prosram throu~ each ofthe network men,ers sad throusA other conunu~ty networks. The project staR'~ produce and publish pamphlets in three (3) languages to explain the progmn, eflsibility and the me~)d ofenmnmmg. Patients rishts are posted conspicuously at all CHSI sit~s, Tho pamphlet that describes enrollment and eltsibility will siva · bull~t version ofpatients' rl~ts for the project. CHSI Exl the Children's Health Nctwodc have · marketin~ strate~, in place. It will be simplo to ~/d the adveflbt~ to that strateKy. Furthermore, the health depm'tm~ field m3rs~ teams can dlssanlmte pamphlets and word of mouth advertising in the courso oftbeir dm'ly activities. VIT. Internal (hzftlity Assurance. 9 Quality assurance for the components offs project will be managed by the organization responsible for its opention. For example, the NCE$ wU1 matag~ in.patient care ~ccord~ to its internal quality Luuranee program. The County Health Deaprtment will apply its internal quality assurance program to patiem follow-up, communicable disease rnanagem~ and Health,/Start activities. The primary focos of this project however is the provision of pt~na~ care by Collier Health Services, Inc., which will be respons~le for the quality assusrance of that program. CHSI has · comprehensiv~ quality improvement ptosxam that has been an integral part oftha company's program management since 199S. There is st Quality Improvement Committee that meets eve~/other month to revi~,v progress in meeting quality objectives. 'i'ha committee has subcommittees in Medical Records, Eisk Management, Utilization Ray, aw, Pharmacy and Therapeutics' Staff~opment, Credent~in$ and Infectious Dtseasa Control. As part oftha QI peet review ptoce~ all medical providers lava :20 charts reviewed monthly by medical peer. This same system will be appIied to activities accomplished according to this gra~ VIIL Health Status Outcomes. A. Describe the projected health stat~ outcomes for tAe pattents servecl Many of the health outcomes resultant from this project will be immediately nogceable wlu'la other~ will accrue overtime. lY_.o, izlf. fl~t/~g~ - W;th greater involvement ofprenatal providers in the birthing process, we anticipate a general improvement in birth and health indicators such u reduction in low birth weight infants, ~ewer pren~ture deliveries, reduced postpartum depression, and greater compliance with postpartum medical guidelines. ~- Greater access to pediatrio care will produce fewer instances or'neglected developmental disabilities, improved patient asthma management, earlier attention to heuin8 and vision problems and early resolution to problems requiring specialty care. dt/a/l.H~l/~- An adequate adult health program will enscnder: reductions in sexually transmitted diseases, decreased dilatation from diabetes such as blindness or loss ot'llmbs, decreased morbidity in the population served for stroke and myocardial infarction. DL Data collection System. A. Descr/be lhe O,pe of data that ~he propasedproJect couM report to the D#partrnent of Health. This project could make a considerable amount of information to the Department that would 16C3 I0 prov~ useful in program evaluation and plannlns for futtu~ efforts. The Collier Health Services P. atient l'n{o, rmation System is a compt~e~ve databas~ tiat stores ail patient-re~ated aemograpl~c, financial, medical and ancil~--., serve-- -' ~- --.-, .~-, smnmy angtm~ stze ot nounlz~kl, and reszdency status. Financial ir~ormafion includes type ofpayment (MedlcaM, huuran~ self-pay) stl~-y, ~¢ial commitments, chuges and unpaid balances. Medkal data encompasses (for every visit) chief complaint, diagnosis, laboratory tests and results, vital signs and medlcatioas. Databases for ancillary programs such as follow, up, diabetic education and others need to be developed. ~ ..... ,.,.-, ,~,,..~, w:. mvat~r~tn: atmoiv~bl~ tmdse~4ceproviston &tail). Becaus~ this information residea on a computerized database, tlm/~luency ofreponin8 would not present any problems. Probably to be ofrea~ value in management, reports would need to bo produced monthly. X. Local Resources/Budget Information A. Provt'de budget narrative detailing andJustlfytng proposed ex'pendtture~ Budget Narrative and Detail Personnel Services and Benefits S150,000 Physician (one F'rE) (CHSI) ($100,000) A physician, board certified in internal medidne will perform all ortho medical duties required by the adult health program. The physician will order d/agnostic tests, conduct diagnostic evaluations, order medication and maintain documentation in the medical record. Nurse (RM') (one FT£)(CHSI') ($35,000) The RN will manage the adult health program and provide skil/ed nursin8 support to the physician. She will obtain laboratory specimens, administer treatment, teach the patient about medications taken and wiJl prepare medical and nursing data repons. Nurse (RN) (one FI'E) (Cotlier County Health Department) A nurse will be employed by the Health Department to ensure patient compliance with medication and medical appointments and to educate chronic d;sease patients regarding disease management. (one CttSI) ~An~e~ ~',en~_c~d__~,e?'_ _c~al...sta~.member. will ~ requlm to provide support to th. pmsrant The . ~.."'...'~..~....-.,~__~ _~'..win re.gl, ster pa.tI.e?s tot serv~ schedule appointments, determine ~,uty, sene renun~er nouc, e, post lat~ots.+oty results and perform other miscellaneous duuet Laboratory :S20,000 temp.,tm, requested to pay for dla~ostio ls. bo,,-~,,-, t-"- ·" .... "' '- - · flee t ' _ .~,,-,v ~,,,~. ,'u~ran~ s_wtu oo ma~o as appropriate estin8 at the Flodda State Laborat . Howev~, the stat, Laboratory services will be obtained tiaa licensed l~l l?b~:~, av~'lable fi'om Equipment $15,000 adult health d-,,-."---- ~'" .'~u ..wv m. emcat_ana omee eqtupment ~th which to ftuw. ish the mactune, examination tables. 8lucometer~ ~d au ........ o~ .....=. ~. copy ers, diometers. ' $~pptles S$,000 Medicg and ofiqce supplies .will be needed to operate tho practice. Examples include syringes, ._c~__on b~.s: alcohol, vacutamers, swabs, exam table papers, paper clips, staole[ Rent As descn'bed in the nanative, the adult health program does not currently have adequate space at the Government Center. Any program enhancement will render the situation imposs~le. The prosram will rent space that is adequate for the performance ofthe prosram and convenient to the patients. TOT, dL B. ~be and document the require match. Complett and includt Commitment of Donation/Match Form ('Attachment ITS). ~ Complctt budget forms (attac. hment~ 4 and 5) andln~rt after otttlin~ component~ 16133 ATTACHMENT 1 Schedule of Benefits and Services' Type of Se~ce location Pro~4der Additional (e.f., acute care, Information dlagnostic diagnostic x-ray, family plannln~ Immunlzations~ dental, pharmacy) . . }{{rth Deliveries North Collier Hosplta{ - CHS{ Del{very of CHSI Naples prenatal patlenl~. Pedlatd¢ Primary Col{{er County CHSI ~nhanced peal{attic Care Government Center Children's program. Heath ~4arco Island Ped{atrlcs Network . Golden Gate Ped{atrks Naples Pedia~cs 1. Adult Health Collier County I. CHSI Primary Care Government Center (and) New Adult Health C{lnlc location 2. Chronic Disease 2. Coil{er Follow-up and County Health Education Department Reflects new project activities only. 16C3 ATTACHlvlENT 1! Pro]ect Provider/Partners/Contributors Name of Pmvlder/Parmer/Contrroutor Collier County Health Department Collier Health Services, Inc. .Naples Community Healthcare System Senior Friendship Center Children's Health Network Collier County ~ral Health Network Florida Gull'coast University School of Nu~ng Description of their Contdbtnion to Prelect · Heathy Start Care Coordination and Teachlnl · Chronic dlsease patient Management. · Public Health Pharmacy ProlT'am Analysis and Evaluation Childhood Immunizations Prenatal Care Oelivedes Adult Health Primary Care HOSl~ltal Admission Patient 1,4ana~ement Hospltallzation of Patient Prolrarn Support North Collier Women's Health Pavilion (dellveries) Primary Cam (adults over 55) Social Serdce Support Recreation Pediatric Primary and [npa:lent Care Childhood Immunization Well-Child Care Access to Spedalty Care Proiram Coordination Plannlnl Access to Specialty Care Community Health Research Planning Assistance 16C ATTACHI~NT !!1 Commitment or Donatlon/t~tch Cofller County Board of Commlsdoners Comer Health Sendces, Inc. 1454 iqadlson Avenue Immo~lee, Iqodda 34142 The rollowln~ cash, space, equipment, eoods/mp~ and/or personnel services are donated to this project. ~ Contdtx~n Desolptlon and Bads R~r Valuation Value 16C Imm: Address: ~TTACHt,IENT !11 Commitment or Donation/Hatch Collier County Board of Commissioners Colller County Chlldren,s Health Network The rollowln~ cash, space, equlpment~ ~od~suppl/es~ and/or personnel se~ces are donated to thls project. Con131butlon Bulld~n~ S~ce Equipment Goods/Supplies Personnel Services TOTAL Descrfptlon and Bask for Valuation. *P/'i' Pediatddan (I) ~ ~ $120,000 $120,000 The above donat/on(s) Is not currently included as a co~t (ekher direct or matching) of any state or federal contract or grant, nor has it/they been predou~ purchased from or used as match for any state or federal contract. (Oonor S~gnature) (Date description. ~ wmp~ry, p~ease Indicate ~e.duratlon In the 16C~ ATTAINT Slgnture Form 16C Please recreate this form to document communtt7 Involv~nt and obtain signatures of'the permers who ere committed to this project. The categories listed below ere examples. The sifnature of the county government author4~-g official is requlFed, Ira multi*county application b submitted, the signature of each coun~ government authoFizinz offld&l Is required, My tlgnaturf Indtcate: that I btm had tntntt tn th~ &~loprnent of tltf t'rlmary Care for Chttdren and Farntll~ Challeng~ Grant Program. I hav~ rot~d and apprtmd tht~ trppltcarlon. County Government AuthorizinE Offlcl~ Name Signature Date Primary Care Health Care Network Partaers Name Signamze Date Name Signat~.,'e Date Name Signatm'e Date Hospital Inpatient Partner(s) Name Signature Date Spedalty CaFe ReferFal Partners (volunteer organizations, Individual providers) Name Signanme Date Name Signature Date Other Health Care Partner(s)/Communlty lndtviduals/Agencies/Coalitlons Iii . N. e Slip. tufa Date Sifnarm'e Date PRIMARY CARE CHALLENGE GRANT PROPOSAL OCI~BER 17,1997. .........:. 16e}~ 7 Primary Care'f°r Children and Families Challenge Grant Program Grant AppIIcation January 1, 1998-June 30, 1998 July I, 1998-June 30, 1999 Contact~ Donald E. Ward Co///er Health Services, Inc. 1454 Hadlson Avenue lmmokalee, Rorfda 34 ! 42 (94 I)658-3073 (94 I) 658.3050 !. IL IlL IV. V. VI. VII. VIII. I~. Prolect Description/Tarot Popu/adon to be Served Hea/th Beneflu to be Provided/Schedule of Benefits and Servfces Hosp/ta/~npadent Serdces Proposed Serv~'e ~/etwort Patient and Prov/der SadsfaciJon Internal Quality Assurance Hea/th Sums Outcomes Data Co//e:don System Local Res~udget Information Commlm~nt of Domtlon/Ffatch Commitment of Donat/on/Ffatch (Annual) Attachmenu Attachment h Attachment 2: At~:hment 3: Budget for ]anuary I, 19~8 through June ~0~ Budget for ]uly I' 1~8 through June ~0~ I~ 16C3 ' I 5 7 8 I0 I0 II 11 12 12 14 15 16CJ OUTUNE I. Project Desatpdon Tara, et Population to be Served ,4. Provide an overall descrfption of th~ proposed proJect. The ~al of this proposed project is to enhance the existin8 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 providin$ indi~nmt health care in the rural center of Immokalee. In Naples, the largest city in the county, however, such health cate is nascent Fortunately, this project has one overridin$ asset-the associated network members are commltted to its accomplishment. For thc purposes of this 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. ~'ome n '~ lteatth . Collier County can rightly be proud of its pmgrmns for pregnant women. During the past several years, Collier Health Services, Incoqxnated (CHSI), a grivate not-for-lm~fit health care corporation with close parmership with the Collier County Health Department and the Naples most statistical indicators, ~s the best m the area and equal to any m the state. Data reflective of "low birth weight infants," "very Iow birth weight infants" and infant mortality ere cxccllcnt by comparison to other counties and continue to improve annually. Collier Health Services, which ~ent on-site to ets clini~ am tn lmmo~ee ~a p.ap~ -- ,~_ _-. 1,,,,-,'"'%.,,, ultra~t~ and non-sm~ testmlt ( tins) ...... .__j ,,,... County Heal Depm'tm ..... ..,. ...... ,- ------~-- ~hildbirth. · ..f, Un and o er p ho,o a o, an p _ nutnlio_ tt . . P!-- -.--- :-/.' -- ..--:--.~--.- n~ -~, t-~w which oftl~ physidam who wiu aeliwr pnyacmns m ~7, · ' I will not n call for deb who more than like thcix children. Th~ are delivered by the doctor o very 16C3 have seen them prior to the delivery. This delivery arrangement and the potential for untoward events, including uncertainty on the part of the mother has engendered the enhancement to the women's health program. Collier Health Services will modify its program to ensw~ as much as 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 will obtain hospital privileges for delivery. No grant funds will be used for the hiring of these clinicians but their salaries and benefits will be included as part ofthe local match. The partners of the applicant network are satisfied that this program improvement will result in healthier, more well adjusted mothers and infants. Pediatric Health The 1996 founding ofthe Isabel Collier Read Children's Health Network, a group ofpediatric medical providers, marked the beginning of the real possibility for high quality pediatric care for all of the children of Collier County. The stated mission ofthat group is "to ensure that every child in Collier County has a medical home." Additionally, the Network has an agreement 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 Immokalee, Gulfshore 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 ofall sick children whose guardians have no method of payment. The results are long lines and long waits. Most ofthe 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 health depm~ent children's health clinic, many children are brought there to have their immunizations updated-they never intend to become active patients. The health department had alleviated a great burden on the primary cm'e staffby conducting immunization clinics for non-patients of the pediatric practice. The enhancement to the county's pedh~c p~l~"am 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 enhancement will allow for an additional 4,000 appointments and will permit augmented follow-up ofthose children in need of medical mans~emcnt 16C 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 $$ who are afflicted with chronic diseases such as diabetes, hypertemion and heart disease. The adult health clinic also treats patients diagnosed with or contact to SrDs and adults with acute illnesses who have no f'mancial resources, and thus no place to go. Vitally none of the patients served in the adult health program has insurance or is able to pay for medical care or for pharmaceuticals. The County Health Department maintains a pharmacy at the C-ovemment Center which historically has provided medications "grafts" to adult health patients. While bills are prepared, they are almost never paid. Because ofthe lack of any revenue to support program activities, CHSI can provide a physician only 16 hours per week. As inadequate as this program is, it is virtually the only source of primary care for indigent adults under 55 in Collier County. Furthermore, patients are referred to that practice when the fact of their indigence is discovered. With the resources necessary to operate the existing program and no income realized, no expansion can be anticipated. The intended use of grant funds for this project will be the development of an adequate adult health pwgram in Naples. That will require hiring a full-time physician who is board certified in internal medicine. A nurse practitioner cannot be used in this position because of the preponderance of chronic disease patients, many requiring advanced techniques. The physician will have or will obtain admitting privileges in the Naples Community Healthcare System. To · assist the physician, nursing and clerical staffwill be hired as well. While all patients will qualify for admission to this program, the large number of applicants anticipated when compared to the available appointments will require a method of selection by priority. The priorities will be as follows: · Chronic Disease Patients with Acute Hiness · Chronic Disease Patients · Non-chronic Disease Patients with Acute Illnesses · 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. Space 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. Rental fees for 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 require specialized education in order ~o prevent complica~ons associated with their diseases. For 1 example diabetics need specific instruc~on 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 him appropriate staffto educate nnd assist the chronic disease patients. Those educational sessions may be accomplished in classes or in individual encountera, They may be performed in the clinic or at the patient's home. Laboratory support for ds program will be provided by one of two sources. The program will endeavor whenever possible to obtain ~ laboratory service fi~m the Florida state laboratory. When that is not possible, patients will have laboratory specimens obtained in the adult health department and sent to a cooperating local laboratory. All records, data, and reports will be the r~ponsibility of the adult health program staff. B. Provide a description of the underserved populatton. The underserved population (for health) in Collier County fits an historically well-defined profile. They ar~ poor, but for a variety of reasons such as immigration status or living situation do not qualify for Medicaid. Perhaps as many as 2,000 (in a year's period of time) are mil/rant or seasonal farm workers who only periodically qualify for assistance. They live in four areas of the County, in Immokalee, near Bonita Springs, in Golden Gate or in the "East and South Trail." Probably 50% ofthern are Hispanic, many Guatemalan Indians. Virtually none has any employer provided health insuran~ and few are able (or willing) to pay health car~ bills. Many of the children come from single parent families. Of female-headed households in Collier County, · 31% llve 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 cl'~onlc illnesses in Naples are dm_ matically underserved, At present, the CHSI adult health pro,ram at the Collier County Government Center is the only source of primary care and health maintenance for those people. At present, the CHSI adult progntm is able to offer ongoing care to only about 150 patients who n~ chronically ill with diabetes, cardiovascular disease, hypene~ion, nnd others. Virtually none of these patients mnkes any payment of any l~nd for medical care or pharmnceuticals. C. Provide an esttmate of the number of persotu needing service. As rmmy as 3,500 need the primary health services to be offered by this project. Fourteen hunch~.'"d of them n~ pregrmnt women who will be delivered by the CHSI obstetrical/midwife staff'. Another 1,500 are poor children who nt present do not have medical home. Another 600 are indigent adults who either have a chronic disease and need ongoing medical management or will suffer an acute illness in thc next year but will be unable to be accepted as patients by private practitioners in Naples because of their financial status. 4 16C D. Describe the specific services needed The following services ar~ needed by the und~ people in Collier County: Women's Health 1. 1,400 pregnanl women whose ~ ca~ is managed by CH$I need to be delivered by the same clinicians who provide their prenalal care. 2, Family planning for CHSI patients in Naples needs to b~ enhanced. ~ access to pediatric car~ needs to? available to mor~ poor children in Naples. Well child management for poor pediatric patients in Naples needs ~ent. B. Provide a descrtprlon of how eligibility wtll be determined by whom and how the required co-payment will be handled. Eligibility for ~ ea~ in wnmen'a health, pL, diaWi¢ and adult health will b~ determined ~llm'hle ~n t~'~'iY~ s~ric~s. Patients whO hAW puo[Io or private insurance whz Gave ~,~,~,- ~ hilled for medical care. All other patients will be responsible for payment, ot-thc:r bills. All CH$! prov~cla~' sttas hava a si,ding f~ available for s~lf-pa2 patiaats. Fmanc, eH~'bility is determined by the r~.giauation sudTwhea the l:~tient registgrs for service. The staff collects and v,Jrifies financial stares data which is the entered into a computer database. Support documents such as rent receipts, receipts for child care and payroll stubs a~e rc, qulred (ii'they are oVthe nati~n, is -laced in the highest payment category tmlil the documents ins. The~ program calcalates the patients palm~ent status and the required co- payment. A co-payment may be waived only with the assent ortho office manager. C. Provide a description o/how/ecs will be determined and assessea~ Collier Health Services, Inc. is a Federally Qualified Health Center (FQHC) and as such has its fee schedule for Medicaid determined according to a formula that is reviewed and renewed annually. The fee is based on the cost ofa"bundle of services" including medical care and other costs borne by the provider such as transportation, translation, social services, laboratory charges and others. For non-Medicaid patients, fees are determined annually by the finance depamnent and ratified by the company's board of directors. The calculations are based on a formula that includes operating costs, financial losses, revenues collected and others. The current market value of services in the current medical environment also plays an important role in the determination of tees. As an FQHC, CH$I has a sliding fee scale available to all patients. That scale is determined annually according to federal poverty guidelines. The sliding fee scale "slides' at differing rates for various services. For example, the pharmacy charges can only slide down to a predetermined floor became of the cost of pharmaceuticals. All fees are assessed according to the sliding fee formula and are applied equitably to patients being served. A minimum charge, again based on financial qualifications, is billed to all patients. Historically, in the CHSI patient population, many bills are not paid. If 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. !II. HosPital Inpatient Services - ,~. Describe the mechan~rm to ensure access to hospital care for primary care patients. All patients requiring hospitalization will be admitted to the Naples Community Healthcare System (NCHS) either at the Naples Community Hospital or the North Collier Hospital. As part ofthe program to enhance women's health services, CHSI will be employing obstetricians and or nurse midwives who will have credentials to perform deliveries at North Collier Hospital, the only hospital in the county performing deliveries. Six ofthe Isabel Collier Read (ICR) Children's Health Network pediatricians already have credentials for hospital privileges in the Naples Community Healthcare System and are already admitting children. The family practice physician that will be hired as part ofthe adult health component ofthis project will be required to have or obtain privileges in the NCHS, The hospital will agree to admit all patients referred by ICR Children's Health Network physicians. The NCHS will bill patients according to their usual proced~ but will not refuse to admit any ICR Children's Health Network patient based on ability to pay. None of the financial resources derived from this grant will be used to pay for inpatient hospital care. IV. Proposed Servlce Network 7 16C A. Describe and list the members of the proposed health care services network. 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 S~a-vices, have cooperated on projects and programs for the past 20 years when they were located in the same facility in lmmokalee. 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 communicable 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 Collier County. The hospital system was instrumental in helping to provide community support to build the CHSI Marion E. Fether Medical Center in lmmokalee and aided in the creation of the ICR Children's Health Network. That network, one of the newest organizational partners, is a family of five ($) pediatric practices dedicated to ensuring that every child in Collier County has a medical home. Two of the areas pre-eminent pediatricians are among the founders of this network. Adult patients are 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 are over 5:5. Staffed primarily with volunteer physicians and staff, thc Senior Friendship Center fills a vital gap in the provision of health care. The new Florida Gulfcoast University College of Health Professions, Department of Nursing, is the newest member ofihe network but promises to add an important componenL The predecessor of the University's School of Nursing, then part of the University of South Florida, has worked with CI,ISI and the County Health Depati~ent for several years conducting community research to assist in the planning of public programs. There promises to be considerable need for the University's expertise in reviewing progress and del'ming future needs for this project. B. Indicate the contributions to the network that each member represents by completing and Inserting Attachment 2 (Project Provider/Partners/Contributors). Prolect Provider/Partners/Contributors Name of Provider/Partner/Contributor Coa/er County Hea/th Department Descr~r./on of thee Contr/butJon to Prolect Heathy Start Care Ccord/mt/on and Teaching Ou*on/c di~ase par,/ent Hanqement Pubt/c Hca/th Pha'macy proem ~ a~ Eva/uatJon 8 16C ~ He3l~ Sefvtc~, inc. N~e~ ~ HeW~c3re $~em Isabel Cot#er Read ~'$ Health Networt County Rur;I HeWtI~ Iqetwc~k Caaele of Health Profesdom, Department of Ot,~T~dOn d M ~ to ·Prenatd Ore · Deem~ . Adult HeWth hfnury Ca, e · Hosp/u/Adm6afon · Padent Management · North Co,er Women's Hca/th P,wff/on · Pr~uyCare Cadufuover$$) · · Wdl. O~l Cae ,, Access m Specfalty ~ · Pro~mCoordlnatbn · Planning C. Describe how members will coordinate services and what mechanisms will be used to ensure that net~vork members work together. (E.g., sharing of medical records, communication mechanisms etc.) Communication and coordination of service will be managed at three levels: 1. 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 of multiple copy forms and the time oflransmission. Other information such as requests for medical summaries and birth status records will be txansmitted in the same manner. Mcdical chart information (such as prenatal records) will be managed according to established protocols. AU ofthe network members have personal computers that are adequate for the communications system and the electronic linkages are simple to achieve. 9 16C3 2. Data on progress of'he project will be shared among the members of'he network monthly by the electronic commtmications system. A data set, agreed upon by all ortho members will be completed by the appropriate agency representatives and forwarded as electronic messages. Not less than quarterly, supervisory members of'the various network members will meet to discuss progress and needs. V. Cost Effectiveness Describe how cost effectiveness will be measured (e.g.. reduced hospital emergency room visits, lower hospital aclmtsston rates, etc.). The cost effectiveness of this project will be determined by calculating savings in certain health care costs engendered by project activities. The basis for calculating those savings will be different for each of the three program components: I. ~omen'~ Htalth - The cost benefits will be reduced costs for. false labor visits to the hospilal, emergency deliveries, prematm'e deliveries and high-risk infant care. 2. ~ - The cost benefits win be m:luced costs for. u~,~ emergency room visits, treatment for vaccine preventable diseases, laIe trcaunent of developmental problems. 3. ~//tR.Z~.tJt~t- The cost benefits wiN be reduced cos'ts for. hospital treatment oftbe effects of .diabetes, unaecessaty emergency room visits and reduced visits for chronic diseases ~ VI. Patient and Provider Sadsfacgon ,4. Der~be the proce~ to be ~ed m meamre patient and provider Patient satisfaction will be measwed by quarterly patient satisfaction surveys, monimri~ mci ~raluating patient complaints and grievances, periodically randomly ~ to ~ program l:effonnance and patient relations problems, and solicit help in i~ metlzxis for their resolution. Provider satisfaction will be closely monitored through staffm~ and the quarterly combined program supervisors' meeting. D~cribe how patients will be Informed about service availability and thetr applicable rights. 10 Patients will be informed about the program through each of the network members and through other community networks. The project staffwill produce and publish pamphlets in three (3) languages to explain the program, eligibility and the method ofenroliment. Patients rights are posted conspicuously at all CHSI sites. The pamphlet that describes enrollment and eligibility will give a bullet version of patients' rights for the project. CHSI and the ICR Children's Health Network have a marketing strategy in place. It will be simple to acld the advertising to that strategy. Furthermore, the health department field nursing teams can disseminate pamphlets and word of mouth advertising in the course of their daily activities. VII. Internal Quallty Assurance .4. Describe the process to be used to ensure internal quality assurance. Quality assurance for the components ofthls project will be managed by the organization responsible for its operation. For example, the NCHS will manage in-patient care according to its internal quality assurance program. The County Health Depm'unent will apply its internal quality assurance program to patient follow-up, communicable disease management and Healthy Start activities. The primary focus of this project hoveever is t~e provision ofprimary care by Collier Health Services, Inc., which will be responm'ble for the quality assurance of thai program. CHSI has a comprehensive quality improvement program that has been an integral part ofthe company's program management since 1993. There is a Quality Improvement Committee that meets every other month to review progress in meeting quality objectives. The Committee has subcommittees in Medical Records, Risk Management, Utilization Review, Pharmacy and .Therapeutics, Staff Development, Credentialing and Infectious Disease Control. As part ofthe QI peer review process, all medical providers have 20 charts reviewed quarterly by medical peer. This same system will be applied to activities accomplished according to this grant. VIII. Health Status Outcomes A. Describe the projected health status outcomes for the patients served Many of the health outcomes resultant from this project will be immediately noticeable while others will accrue overtime. P/omen's Health - 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 pos~artum depression, and greater compliance with postpartum medical guidelines. ~ Health - Greater access to pediatric care will produce fewer instances of neglected developmental disabilities, improved patient asthma management, earlier attention to hearing and vision problems and early resolution to problems requiring specialty care. 11 ,,fdtdt H~a/tA - An adequat~ adult health progrmn will engender:, reductions in s~xually transmitted diseases, decreased dilatation from diabetes such as blindness or loss of limbs, de~as~ morbidity in the population served for stroke and myocardial infarction. IX. Data Collection Syr~em ~L Descr/be the type of data that tht propo~ed proJect could report to the Department of Health. ~ This gr~ject could make a con~idewable amount of information to the Department that w~uld grov~ useful in program evaluation and planning for fimu~ efforts. The Collier Health S~'ices Patient Information System is a comprehemalve database that stor~s all patient-related demographic, financial, medical and ancillary sm'vice data. DemograpMc data routinely r~corded at~ age, race and ethic group, ~ pfim~ language, ~ of household, and r~sidency status. Fimmcial info~on includes type of payment (Medicaid, insurance, self-pay) salary, £manclal comm*kments, charges and unpaid balances. Medical data encompasses (for every visit) chief complaint, diagnosis, laboraIory tests and r~mlts, 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 availability of dattz (347ntmum data ~et will include pattent demographics and service provision detatl). . Because this information r~sides on a computm'iz~ dalabase, the frequency of rvporting would not present any problems. Probably to bo ofreal value in management, repom would need to be produced monthly. X. Local Resources/Budg~ Information 2. Provtde budget narrative detailing andjusttfying proposed expenditures. Budget Narrative and Der,~ll Personnel Services and Benefits S150,000 Physician (one FI'E) (CHSI) ($1oo,0o0) A physician, board certified in intenud medicine will perform all ofthe medical duties required by the adult health program. The physician will order diagnostic tests, conduct diagnostic evaluations, ordex medication and maintain documentation in the medical record. Nur~ (RN) (one FTEXCHSI) (S3~,O00) 12 The RN will manage the adult health program and provide skilled nursing support to the physician. She will obtain laboraIoty specimens, administer treatment, teach the patient about medications taken and will prepare medical and nuning data reports. Nurse ~ (one ~ (Collier Cotmty Health Department) A nurs~ will be employed by the Health Deparlment to ensw~ patient compliance with medication and medical appointments and to educat~ chronic disease patients regarding disease Clerical (one I=TEX~S~ (Slf,000) An experienced clerical staff member will be require to provide suppo~ to the program. The clerical staff member will register patients for service, schedule appointments, determine Funds a~ requested to pay for diagnostic laboratory tests. Attempts will be made as appropriate to obtain fi'ce testing at the Florida State Latxxat0ry. However, not all tests arc available from the state. Laboratory services will be obtained fh~m a licensed local hboratory. F. quJpment $15,000 Resoun:es are required to pu~.base new medical and office equipment with which to furnish the adult ~ depamnent. Examples ofequipmem m~ded are a cen~ autoclave, copy Supplies S5,000 Medical and office supplies will be needed to operat~ the practice. Examples include syringes, cotton balls, alcohol vacutainers, swabs, exam table papers, paper clips, staples, copy paper, toner, and stamps. Rent S30,000 As descn'bed in the narraiiv~ the adult health program does not curr~tly have adequate space at tl~ Government Center. Any program enhancement will render the sittmtion impossible. The program will r~nt spac~ that is adequate for the performance ofth~ ~ and convenient to 16 3 13 16C B, Describe and document the requtr~ match. Complete and Include Commitment of Donation/Match Form (,~ttachment #$). Comml~ent of Donation/Hatch Frm~ tube/~ ~,ead C31dr*m'$ Hea~ Herwor~ Addn~ P.O. ~ $293 /nlnmJa~, Fk:w/da 34143 ~ DescTfpOm arnf hds fa' Va/mOm *J~/T Va/ue s ~ $ew~ ~ ( I ) S l 20,O00 TOTAL $120,000 *tnclc~ p t[ the doml~ tt penmtm~ (rttle ~ ro rhe pmlect) or T tf the domt~ lt ~. tf rtte 14 Commitment of Donadon/~atch (Annual) 16C Coa/er Hearth Se"rko, Inc. . 1454 ~ Aveme Immokalee, F1od~ ~ 414 2 Contrtb,__,~ce_. Destrlpt~ aed ~ for Va~tton *P/r Value $ R_,__~ Space S ~ ~ ob~.~ar~me ~ (3) saaxn s3~o, ooo ~ SlO, O0o $38~,000 TOTRL - -- -=:_~ __ ......... ,_~..~.~ ~ , ~ MI' .;~;= tie C. Complett budget forms (Attachment~ 4 and $) and in~ert after outltns components. 15 16C3 III I 16C~ 16C3 ATTACHMENT Sl~namre Form L'O ~ ~ ~t a~ obm/n d~ma~ d' the p~rmers who ,Ye comn~ ,,,~ ' ?.'"'_T,,_;5 .- ._,...~u Ifa mu/d-countY ~~ L~ ~uu,,,,,,~, -.-- u,~,q a,.,,-_.- . ~ -----,.~ audxx'~lne olTic~/s reqLqrea. dj~tlq'e of' each co~n~ C3re 31th ?~, ,,,N . ' C'U'/,~ ~ t~ '~'""' ,.,",~ ';,,~c., ,. ':-,.,__....__ Dam . Hame " ...... Marne ate Senior M~asem~ Ana~ n Department of Health 1317 W'mewood Blvd., Blds. 5, Room 420 Dear Ms. Robes: I am wiring in support ofthe Co~er Comty Board of~'s lpant application for li~e P~ Care for Childrm and Families Challenge ~nt ~. TI~ application has been prepared by Collier Health Services, Inc. (CHSI) ha conaboration and partnership with the Co~i~ County H~th l:kpartm~nt (CCHD). CHSI and the CCHD ~ application, ifthnded, w~l b~ an hnpomm e~t~ion ofth~ exiztin~ parmenhip to extend our ~ to provide n~kd cam in N~ples. Adults ~ health/nsm'ance, tmdersemd population/n th~ Naples area. ~: this grant would gre~tty as.sist m in M.P.H. Director, Collier Comty Health Departmmt cc: Comng~onerThn Hancock Rolmi F~mand~ Coun~ ~tor Tom Olli~ Public Services Adminishator Comer Coun~ Health Department 16D2 To ~ From: Re: October 30, 1997 Steve Camel1, Purchasing Director Sue Barbiretti, Minutes & Records Item 116D20 BCC meeting ~ate= 10/28/97 Please find attached, for your files, three original Sweetsoft License and Service Agreements that were alH)rovedby the BCC on Tuesday, October 28, 1997. If you have any questions, call me at 774-8406. S$¥E~TSOFTTM LICENSE AND SERVICE AGREEMENT 16D2 DEFINITIONS e**Progrnm" or "Programs" means the version of the computer prognms owned or distributed by Sweet Computer Services. Inc. ('S%x,~t~]t n~.) specified on the attached ~tt.~1 n. Sales Order Form or other orderinl document, in object code form: an~ user gnid~, manuah or in.~n~lonal materials ('Docum~tation'), if any. provided by Sweef$ofl m,, and all other data, matertah or I~I~ provi~-d by 5'wret~ m. o"Des~ed Hardware** means the sinlle CPU or single network, identified by the relevant model/type and operating system, as m**Usern means the Oustomer ide=tifled on the attached 5Nveet$o./~ n" Sales Order Form and its employees that it authorizes to use the Pro~ in accor~ with the terms of this Agreemont. ®*Yon** or "Your" refer to any User under this A~reement. m**Staadard Support** shall mean the support servlee~ specified in 5Nvett~ ne$ StalxL,~rd Support Policies in effect at the time such services tm ordered by Client (as indicated by the Effcctive Date of the relevant Order Form). m"Consultln~ Services" shall mean any other services provided by 5~eetSo~ n* that are beyond the scope of Standard Support, · including training. ®"Developments" shall mcan all Programs, including Up~rades, Updates or other enhancements or modifications to the Pro~, if any, and all Documentation or other materials developed and/or delivered by 5N~eetSoj~ n'in the course of providing Standard Support or Consulting Services. or otherwise, under this A~*eement. · "Upk*rnde" means any crthancements or subsequent versions of Programs that ~veet$ofl m may make generally commercially available to its Customers. · "Update** means a Program correction or minor change that 5~veet~ofl r~ makes commercially available to its customers who Ir~rchase Sta=L~*d Support. · WDesfkmated SRe(s)" means the Customer location(s) specified on the attached 5Nveet$o~ n, Sales Ordcr Form. · "Effective Date** shall mean the date You si~n the relevant Order l:orm undcr this Agreement for a particular Program or Scrvtee(s) acquired under this Agreement. LICENS~ AND RESTRICTIONS Limited Rights · ~weer$o~ mgrants Customer a non-exclusive license to use one (1) copy of the Programs and any Developments, if applicable, on the Designated Hardware, at the Designated Site(s), for Customer's internal operational use and, if applicable, for Cus~mer'$ use as a provider of billing services (only from the Designated Site) to other third party ambulance companies that Customer specifies on the Swee~So.~ r~ Sales Order Form. (Customer will be charged a fee for each copy of the Prose'ama in use at each Designaxed Site and a sel~trate fee for each third party ambulance company for which Customer provides services using such liceased copy.) For tAe purpose~ of this ~fgreement, Collier Cam~ C, avernment ~tall be defined to be tAe Customer. Designated ~ite~ ~ include, Ina nor be limited to gte Revenut Services Department and £mergency Medical Servlce$ · You may make backup coptc~ of the Prosxams and Developmonts (but not the Documonta~ton) solely for archival purposes, provided that all such copies reproduce and display fully all ~etSofl mcopyright notices or other proprietary legends. · S~etSoJ~ nWor its licensors retain all right, tide and interest in and to the Programs and all Developments in any medium. including but not limited to ail copyri~hts, patents, trade secrets, tntdemarks and other groprietary rights. · All rfshts not expressly Sxznted are reserved to SweetSoftmor its lieensors. · llte Cta'tomer r~$erve~ tat rtg~ to access the ~n~etSoft $~L database for the purpose of ~xtracting information. Restrictions · You may not copy or use the Programs or Developments except as specified in this Agreement. Without limiting the foregoing. · You may not modify the Programs or Developments other than as required for your tntcrnal use of such Programs or Developments under the terms of this A~-ement. · You may not reverse-engineer, disassemble, decompilo or t'ed~e the Programs or Developments to a human perceivable form or translate, sub-license, resell for profit, lend, rent, lease or otherwise dism'bute, (Including electronically), any whole or portion of tbe Program~ or Developments to aay person or entity not authorized under this A~cement. · You may not merge or combine the Pro~ or Developments wtth other computer programs or create derivative works based · You may not remove, obscure, or alter any notices oflhe 5'weet$oflmco1:ryrlght or other proprictary Icgends on the Pro,rams or °' Developments. You tnny not trnnsfer or nsstgn your fichu under this A~. Y~ m~ ~ ~er or ~i~ ~r c~ of ~e ~g~ or ~1~. ~b A~ b ~ ~tg~ble I~l~lng ~ ~tion of hw; ~ ~h n~cm~ rc~c~ nil lic~e ~gh~s ~I! Ym ~ ~ ~fer ~e ~ or ~l~m~n to ~ ~ or enfi~ ~ ~olati~ of ~e Unit~ Stares A~ti~ A~. ~l~ ~ ~'~ ~~ ~ ~cc~t th~ ~ ~~ ~ ~ [~nh ~Mer this ~bs~on. ~h ~ni~s ~~ge ~ ~gntze t~ ~ltier C~ ~ ~bJ~ to the ~d~ments ~ ju~i~on of f~eml and ~ate ~ng t~e di~c~ ~ ~l~e of tnfo~a~. ~ing~, ~t~ ~Hie~ ag~t to t~t following tt~ regaling tht Otstorner acknowledges that in order to perform the services called for in this contract, it shall be necessary for ~veetsofi to dlsctase to the customer certatn Proprietary Information that has been dtn'eloped by Sweetsofi at great. expense and that has required considerable effort of sM,ed professionals. Customer,Atrther acknowledges that the progro;ms will of necessity incorporate such Proprietary Information. Customer agrees that it shale not disctase. transfer, use. copy. or allow access to any such Proprietary Information to any employees or to any third parties. t:ccepting those who have a need to know such Proprietary lnforn~tion 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 all such Proprietary Information. In no e~,nt shall the customer disclose any such Proprietary Information to any competitors of Sweetsofl. Notwfthstanding. anything to the contrary In an). other section or subsection of this Agreement. Sweetsofl hereby. acknowledges that the Customer is subject by law to certain information and document disclosure and copying requirements that may, require the Customer to disclose Information or copies of documents relating to or forming part of the program(s) tnade secret of copyright protection. ,4ccordingly. prior to disctogng such information or reproducing such documents to a third party, the Cu~omer shall obtain ~veetSofi's ~,~itten consent to each such disclosure or reproduction and SweetSofl agrees not to unreasonably withhold such consent. Neither the customer nor &eeetsofl Ires any obligation to disclose any Trade Secret. 'Trade Secret' as defined in Section 812.081. Florida Statutes. are exempt from 'Public Records law' disclosure by application of Section 119. 08(?)(o). Florida Statutes. Customer shall not intentionally disclose any of the subject trade secrets. In the tn.ent that customer is unsure whether an item is a trade secret. Customer shall rely on Sweetsofl's assertion that the item is a trade secret and shall in reliance thereon treat the item as a trade secret vis.al.vis Chapter 119. Florida Statutes. In any case where SweetSofl expressly consents to specific disclosure of Information or reproduction of documents relating to or forming part of the program(s). S,veetSofi hereby waives for each specific disclosure or reproduction an)' claim against the Customer for violation of trade secret or copyright taws or vtotation of any term of this Contract for such a release of information or copies of documents, in any case where Sweet~o~t refuses to consent to disclosure or reproduction and the Customer is as a result thereafter made a parry to a suit arLvin$ tender Chopter 119, Fla. Stat fL e.. the 'Florida Public Records Law 9, $weetSoft agrees to intervene in such state with counsel and at Sweet,oil's expense and to present exqdence to establish t/tat the informan'on or documents Sweet.go~ Ads requested ttte Otstomer to w~tttAold under the terms of this Contract are in fact exempt from disclosure under the Florida Public Records l,,me pursuant to Section 119.07(3)(o). ~ltould the court in such a suit determine that the inforrna~on or documents in question must be disclosed or reproduced pursuant to the Florida Public Records Law. SweetSofi shall have no claim against the Customer for violation of the Contract or trade secret or copyright laws or otherwise. However, to the ,,trent SweetSofi did not unreasonably withhold its consent to disclosure or reproduction in the first place. SweetSofi also shall hcn.e no obligation to pay any attorneys'fees or casfs assessed against the Customer as a result of the nondisclasure or non- reproduction of the information or documents. Standard Support · You may order Sweet$o./'t n~Standard Support under the terms of this Agreement by specifying the relevant service package on the ang. hed .~.eet.~oJt n~$ales Order Form. SweetSo.~n~does not offer Its Standard Technical Support for third party products. If, at any future time, S~veet$oftn~begins to make commercially available its Standard Support for specified third-party products, · ~eet~ n~will describe the relevant service offering in its then-current Standard Support Policies and Users may then order such services under the terms and conditions of this Agreement. Any technical support or other services for the EMScan/Kcy Data System are available must be obtained directly fr~m EMS DATA SYSTEMS, lnc., an Arizona Corporation. All support policies are subject to change upon notice. · . You may order Consulting Servlce~ under the terrr~ of this Agreement lrthe ~cope of ~uch ~ervices is agreed to in writing by ~-thorized representatives of fweet$ofl' ~uxl the Customer, ~d ~uch ~cope of services is described in a writing that specifies that all ~x~ch services shall be provided under the terms and cond[flon~ of this A~reement. Devalopmenls · Oenerally, ~veet~.~ ~does no~ provide Support Service~ or Developments for third party produces (including but not limited to "EMScan/Key Data System" ~xl EMS F, xper~") unleu expressly specified in ,~eet$o./~ ~"$ then-current $landard Support Palicte~. and Payment $~veet$oft will furnish, i~tall and provide technical ~upport for all deliverables ~temi:ed in the $~veet$oft Sales Order form(s) and Collter County purchase order punuant to the requirements and ttandardr of RIP 97.2668 and its proposal of May 30. 199Z .. ~nmz.vanably ~t~eM. t/pon ~ignlng of the .4$reement. both partie$ will mutually :chedule five cotuecuttve day: of training to be conducted at a gte dezignoted by the Customer and to be commenced no later than 60 calendar da.'$ from the date of signature of the ,4greement. Prior or during the on gte traintng period, the Customer will receive. Inspect and test all deltveroble$. At the completion of the tnrb~ng period, the O~tomer will either notify Sweer$oft of its Intent to accept all deliverables specified under the ,4greernent ba~ed on the requirements of the Agreement or advise SweetSofl of any deficient itenu in need of correction or completion. Formal acceptance shall occur in the form of ls~tance of payment to $~vet$ofl in the amounts :hm,~ herein. Payment for each deFavrable shall occur within $0 day~ of acceptance and receipt ora proper lmx)ice. ~ttchtnvr i$ later..4cceptance shall not be The value of cach deliverable ~ be ta follmn: Deiiverable($! $ Payable ¥olu¢ Signing of Agreement $4. Installation and l'raining $14.700 Final Acceptance $2.10~ Total Compertration $20.975 Sweet Computer Senqce$ and customer agree that the Medicaid electronic remittance a&qce program ma). not be delivered until lanuary 15, 1998. It is also agreed the value of the Medicaid electronic remittance is $500 and failure to deliver upon the schedule date may rexult in a refund to customer of $500. . C. Rdmbur~ement of travel expenses ~hall be paid separately and within JO days of receipt of a proper invoice. For the purposes of this ,4greement, an allowance of $2.000 shall be established for reimbursement of travel-related ,,~penses re$nlting tn a total cantract amount of $22.975. The total contract amount shall be not be changed without the prior, written authori:.ation of the Customer. Taxl~ · The fees listed in this Agreement do not Include taxes; if Sweet$oft n, is required to pay sales, use, property, value-added or other federal, state, or local taxes based on the licenses or services granted In thh Agreement or on your use of Programs. Developments or Services. then such taxes shall be billed to and paid by you. This paragraph shall not apply to taxes based on $.,eet$o~ net Income. Ret'urn Palicy · Within ten (10) days of receipt of a copy of a Program under this Agreement, if you ~ve not opened or installed the Program. you may return the Program and all related materials to SweetSofl r~ for a refund of the purchase price paid, SWeet$oft TM reserves the right to deduct from you~ refund a 'restocking fee." · For any on-slte Consulting Services or training you request, you shall reimburse SweetSoft n~ for actual, reasonable travel and out. of-pocket expenses incurred, tubject to the llmtt$ and rates Specified under Section 112.061(6).Co), F.S. for reimbursement of · . meolr and Section 112.051ff).(a) and (b)for ground vehicle transpon~on. Lodging shall be reimbursed at a maximum rate of $90 per day. The term of this Agreement is perpetual unless otherwise specified on the r~levant Sweet$oft resales Order s otherwise terminated under the terms of this A~,rcement. Both the Agreement nnd Your right to use the Programs or Developments tm'minate automatically if you violate any part of this Agreement. In the event of lermination, you must immediately destro0. all copies of the Programs or Documentation or rc~um them to S~vetSoft ~ In the event that S~vet$ofl materially breeches or defaults an..' tern~ of the ,4greement. TAe C~tomer reser~v$ the right to terminate the ,4greement for cause. Prior to sttch termi,ation, the Cu~omer tl~alt formally notify SweetSoft by. certified mail or verified f~ of the breechMefault. $,vet shall then hm'e a minimum of 15 cutendar dayt from receipt of ~uch notice to cure the breecA or default. SAauld $~vet hear failed to cure the breech/default ~thin the time period specified in the notice, the termination t/tall become effecti~w at the expiration of the specified time period. In the e~nt ti~at this .4greement it terminated for cattle, ~vet$ofl $1~all forego an). clalrn~ or rights to receive pto.ment/reimbur~ement for an..' previously.rejected or pending deliver~les Identified under the subsection entitted. 'lm~ictng and Pa3.'ment' as set forth · nder this agreement. WARRAnt, DISCLAXMERS, EXCLUSIVE REI~IEDIES AND LIMITATION OF LIABILITY For all Programs other thnn third party products: S~,vet$o. fl warrants that the diskettes on which the Programs or Developments ate dism"outed will be free from defects in materials and workmanship and that the Programs and Developments will substantially conform to the Documemation (including this Agreement, manuatt, toff'ware, etc.), if any. when operated properly by Customer, for a period of ninety (90) days from shipment of the relevant Program copyflnal acceptance ofallproject deliverables by. the Castomer. ~vet$oft r~ does not warrant that the Programs or Developments will operate uninterrupted or error.free. If $~vetSoft r~ h tmable to make any of the Programs or Developments operate as warranted, Customer's exclusive remedy and $~vet$oft entire liability shall be that SweetSa, ft r~ will replace the relevant disk or, at S~tet$ofl n"t option, undertake to conect the Program errors, ot refund the amount of license fees paid for the relevant Program license less a prorata portion applicable to the amount of time the Program was used. SWEETSOFTTM PROVIDES ALL THIRD PARTY PRODUCTS, INCLUDING BUT NOT LIMITED TO THE "EMSCAN/KEY DATA SYSTE31" AND THE "EMS EXPERT" ON A~N "AS IS" BASIS ONLY. ANY WARR3aNTIES PROVIDED %~Ti'tl THE ~'HS SCAN/KEY DATA SYSTEM ARE AVAILABLE ONLY DIRECTLY FROM EMS DATA SYSTEMS, INC. BY SENDING IN THE REGISTRATION FOR THE PRODUCT TO EMS DATA SYSTEMS, INC. ~,*,TI'HIN THIRTY (30) DAYS OF PURCHASE OF THE RELEVANT LICENSE. ANY WARRANTIES PROVIDED WITH THE EMS EXPERT ARE AVAILABLE ONLY FROM THE P-DOCS GROUP, INC. IN JACKSONVILLE, FLORIDA. S~,vetSofl m warrants that its Standard Technical Support Services and/or Consulting Services provided by $~vetSofl TM will be of workmanlike quality conforming to generally acceptable industry standards and practices. This warranty shall be valid for ninety (90) days from performance of the relevant services. For any breach of this service warranty, Customer's exclusive remedy and Sweet$ofl' rats entire liability shall be reperfotmance of the relevant Service. or. if Sweet$oft TM is unable to perform the service as warranted, Customer shall be entitled to recover the fees paid for the deficient services. SW££TSO~n~DISCLAIMS ALL LIABILITY FOR ANY DAMAGE RESULTING FROM OR RELATED TO DATA AND/OR CLAIM FORMS AND RELATED INFOR,~,IATION TO, BY, ABOUT OR FOR ANY FEDERAL, STATE OR PRIVATE INSURANCE ORGANIZATIONS, INCLUDING, BUT NOT LIMITED TO MEDICARE, MEDICAID, AND CO~,IERCIAL INSURANCE CO~[PANIES. SW~£TSOFI'n~MAY PROVIDE SUCH DATA OR INFORMATION, IF AT ALL, ONLY AS "SAMPLES" FOR THE PURPOSE OF DEMONSTRATING OR DISPLAYING HOW SUCH DATA A.ND/OR CLAIM FORMS MAY OPERATE IN TRE PROGRAMS. SWEETSOI;'rr~PROVIDES ALL SUCH SAM?LES ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIF~, EITHER EXPRESS OR IMPLIED. SW££I'SOF'/'n~ RECO~,IENDS TEAT YOU VERIFY THE ACCURACY OF ANY AND ALL DATA AND/OR CLAIM FORMS YOU USE WITH TIlE PROGRAMS. SW~h'TSOI:'I'n~ DISCLALMS ALL LIABrLITY FOR THE ACCURACY AND/OR COMPLETENESS OF DATA, INCLUDING BUT NOT LIMITED TO DATA SUPPLIED ~ PROGRAM OR AS ADDED OR MODIFIED BY CUSTO~ OR ANY TlllRD PARTY, OR, DATA AS PROCESSED ON CUSTOMER COMPUTER NETWORK. CUSTOMER BEARS ~llt/~ EN-~'uiE RESPONSIBILrrY FOR ITS COMI~U'rER NETWORK, INCLUDING ITS INSTALLATION, THE PI/ItFORMANCE OF THE PROGRAMS AND THE BEHAVIOR OF THE DATA ON CUSTOMERS COMPUTER NETWORK. HOWEVER, SWEE'/~OFTAC~OWLEDG£$ THAT IT HAS R£VI£W£D THE CUSTOM£R'S NETWORI~ CONFIGU~4TION AND THAT SAID CONFIGURATION IS AN APPROPRIATE ENVIRONMENT FOR THE SUCC£.~FUL OPERATION OF ALL D£LIt~RABLF.$ SP£CIFI£D UNDER THIS AGlt££M£NT. · $WI~3"/~OFTm PROVIDES ANY HARDWARE, INCLUDING, WITHOUT LIMITATION, MODEMS, ON AN "AS IS" BASIS. YOUR ONLY WARRANTY ON HARDWARE IS THAT WHICH CAME FROM THE ORIGINAL MANUFA~. IT IS YOUR RESPONSIBILITY TO MAIL IN ANY WARRANTY CARDS ON SUCH PRODUCTS. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, SWEET'OFTr~ DISCLAI'MS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ON ALL SOFTWARE, SERVICES, HARDWARE, DATA OR OTHER INFORMATION, I~CLUDI~G BUT NOT LIMrrED TO IMPI_.~ WARRANTIF~ OF MERCHANTABILrrY OR FITNESS FOR ANY SWEE'/~OFTnt WILL IN NO EVENT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSO~ FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, EITIIER DIRECT OR INDIRECT, INCLUDING BUT NOT LlbffI'ED TO LOSS OF BUSINESS PROFITS, INCOME OR USE OF DATA. . '~, SlVI~ET~OFT~'$ LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE GREATER OF $250 OR THE AMOUNT ~" OF MONEY PAID FOR THE RELEVANT PROGRAM OR SERVICF~ AS APPLICABLE, THAT GIVE RISE TO ANY This A~m~nt constttvtes the enttr~ A~.~ment and superp~de~ any prior Agreement between ~f[$o.~ ~' and You concerning Iht subject matter of th{s Agreement. The terms of this Agreement ~hall supersede any Customer purchase order or other writin$ that conflicts with its terms, unless ~eet$o~t~specifically amends this Agreement. This Agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized corporate officer of ~veet$ojt n,. . IN WITNESS WHEREOF, the Contractor and the County, have each, r~spectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: ~l'imothy ~/H~k. C~airman SWEET COMPUTER SYSTEMS. INC. .]~avjd A. Sweet / C.E.O. Typed Name/Title of Signatory CORPORATE SEAL Approved as to form and legel mffieiency: Thomas C. Palm~r, Klrke-Van Orsdal, Incorporated P.O. Box 10395 Des Moines, Iowa 50306-0395 615-243-1830 Sweet Computer Services. Inc. 2037 Grand Av, Suite B West Des Molnes IA 60265 0~ ~ ~0~ NO ~ UPON ~S C~RCA~ ~ NOT AM~D. ~D OR HO~ co~a ~;o~ =Y ~ POUC;;S KLOW. Co~Mv Conflnemal Casualty Co A COMP~Jff C MAY al I$~JEO OR MAY PEATAIN. THE INSUI~U~ AF~ORDEO ~Y THE IK:)LK:I~ DESC/~ED HEREIN IS SUBJECT TO ALI. THE TERMS. OF SUCH POLICIES, ~ SHOWN MAY HAVE BEEN AF. OUCEO BY PAIO CLAIkI~ 6115/99 UMfTI I)IK~UCTI · COMP<)ff ~ION~. · Aov ~ IOOILY ~ p~IIO~:~'Y DAM&OI i I &UTO ONLY · OTHEA 'rHJ~Jl AUTO ONLY: e, ~ ~CC~XNT IL OIIF. A!! · IA )E~CI#ffTION Of Of~llON~%O~'rlo ---~' ITEMS Board of County Commissioners Collier County Government General Services Bldg. 3301 E Tamlami Trail ~ 341X2 SETTLWW~n~T AG~~T aND P. ELEASE 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 .Em91oyer'), 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: %~I~EAS, Employee has been en~loyed by Employer and has resigned his employment with Employer effective October 1, 1997; %¥I~EI~AS, 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~ ~IEI~EFORE, 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 o£ 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 ~ross 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 with his 2 employment relationship with the Employer, his resignation from employment with the Rmployer, 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 execution of this Agreement. (.Released Claims"); (b) The Employee represents and warrants to the Employer that he has not filed any charge(s), lawsuit(s) or claim(s) against the Employer or taken 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 a!l 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 arising under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. S2000e, 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. S621, et seq. (prohibiting discrimination on account of age); the Americans with Disabilities Act of 1990, 42 U.S.C. S12101, et seq. (prohibiting discrim~nation 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 signi£icance and consequences of such a specific waiver· The 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 Employer, 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. 7. 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 this 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 of its 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, ~ 'ii~i~ but all of which together shall constitute one and the sam.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, a£fect 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. No promise 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 forthabove. 14. (a) The Employee tmderstands 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 ts 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 telefacstmile, to the Employer's attorney's office, telefacsimile number (941) ?74-022S within seven (?) 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. I~~SSV~HEllEOF, 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. :ATTEST: · DVn0 .-· BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TllVIO~ HANCOCI~ Chairman Dat~: Employee THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN HERBERT L LUNTZ AND COLLIER .CO~ FLORIDA WAS SWORN TO and subscribed by Hcrbcrt L. Luntz befor~ me {his cr~/'_' day of ~"7~/:~c-~° , 1997. . or Produced ldmtifimffon ~,ommissioned Name of Notary Public (Pleas~ print, typ~ or stamp) Type of Identification Produced My Commission expires: Appmv~ u to fonu and 8