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Backup Documents 01/13/2004 R BOARD OF COUNTY COMMISSIONERS REGULAR MEETING .JANUARY 13,2004 ---..----."..-- NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time in the issue on January 11 th , 2004 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said ColJier County, Florida; distributed in ColJier and Lee counties ofFJorida, each day and has been entered as second class mail matter at the post office in Naples, in said ColJier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication i? the said news~?er. j.~ ( Sign~~e of affiant) Sworn to and subscribed before me This 12th day of January ,2004 ,,~;~f.~:'f~¡':;'" Harriett Bushong ;,r ¿";.~;~ MY COMMISSION if DD234689 EXPIRES ';~:..~.~~J July 24, 2007 ".~~:; (ir:,~~~"t-.'.... BONDED THRU itföY FAIN INSURANCE. JNC NOTICE OF PUBLIC MEEnNG BOARD OF'COUNTY COMMISSIONERS. COI.,LIER COUNTY, Flq~IDA Tuesday, January 13. 2004 9:00 A.M. N~e o~ c'W~~y c~~~~':~e:'wf,?'~~~tC~U! ~'s Chambers on the ThII'Ó Floor of m~ ~Oll1er mon Turner Bul1dl~gc (~up'I~~n\:J1 ~~t Tamlaml coun~er~=a ~. .~_the . business of ~'//ér cou~ at the aIIove StateiJllmè aml1:Iate. coøles of the agenda torPId ~~ aT;:: available ~ th~ ~~I=~: on the First Floor ~rm~ >k~ H~~ Turner Building. ted ft·.....s are Invited to attend. to reg- ts~.J't':'akid~u= ~e~obqns~~: ~Iw~~ P.IUbllcpermS~ ~ :3dr~t'~VI~ (5). mrn~tes un ~""'.". granted by the C....." ...... did to ~peal a decision of Any person who ec es d fthe proceedings the Board will need a ~~:ro~ may need to en- pertaining thereto, an d f the proceedings Is su:ethatJc:~e~:I ~~~de~ the testimony and :'ldelÌc:' upðl"l which the appeal Is to be based. N 99-U requires that all ~!efS:~I.~C:ng~~ In' any 10bbl,lng F- ~IVltYes (Jn~U~'l\Ju~o~I~SI~~~:,or::.~s~~~ m: ~to theBoIirtI at the Board Minutes and Re- cords Department. . Ith a i!lsabUl\Y who needs any If you are~nrslc::' :c.er to participate In this p~- =1:: ~ are entitled. at no cost .to y~~ th: IslOn of certain assIstanCe. Please co rtment =er countylL =ltf:n=Wœ:t'florida. located at 330 4-8380; assisted II devices for 34112. 'h' (239'n) rmpalred are avalldlle In the County the ear g............ Commissioners ""'''''' BOARD OF COUNTY COMMISSIONERS COLlIER,coUNTY. flORIDA tOM HEMMING . =~E. altOÇK. CLERK By: 151 Pa~1.. MolWI' Deputy Cieri< Nn 41ln63 ¡...mIAMI 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 13, 2004 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1 January13,2004 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. e LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE AGENDA AND MINUTES Ae Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes - 5/0 Be December 2, 2003 - BCC Regular Meeting Approved as presented - 5/0 Ce December 9, 2003- BCC/Tourist Development Council Workshop Approved as presented - 5/0 De December 10, 2003 - BCC/Land Development Code Meeting Approved as presented - 5/0 ge December 16, 2003 - BCC Regular Meeting Approved as presented - 5/0 Fe December 19, 2003 - BCC/AUIR Workshop Approved as presented - 5/0 SERVICE AWARDS 2 January 13, 2004 4. PROCLAMATIONS Se Ae Proclamation to designate the week of January 18-24, 2004 as Purple Martin Week. To be accepted by Jerry Glasson, President of the Purple Martin Society of Collier County. Adopted - 5/0 Be Proclamation to designate the week of January 25-31, 2004 as Catholic Schools Week in Collier County. To be accepted by Miss Paula Lombardo, Principal, St. Elizabeth Seton Catholic School. Adopted - 5/0 PRESENTATIONS Ae SELECTION OF CHAIRMAN AND VICE CHAIRMAN Commissioner Fiala selected as Chairman and Commissioner Coyle selected as Vice-Chairman - 5/0 e Be Presentation of Distinguished Flying Cross to Charles Bishop by Senator Burt L. Saunders. Presented PUBLIC PETITIONS 5 Ae Public Petition request by Mr. Richard Lydon to discuss Master Plan for Vanderbilt Beach Beautification M.S.T.U. To be placed on 2/10/04 Regular Agenda BOARD OF ZONING APPEALS Ae This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition number VA- 2003-AR-4768, for an 1.8 foot after-the-fact variance from the required 7.5 feet and 5.7 feet for the existing shed on the north side of the property and a 7.3 foot after-the-fact variance from the side yard setback requirement of 7.5 feet to 0.2 feet for the existing pool and screen enclosure on the south side of the property in the "MH-ACSC/ST" mobile home zoning district with an area of critical state concern/special treatment zoning overlay, on property hereinafter described in Collier County, Florida. Resolution 2004-08 Adopted 4/0 (Commissioner Coyle out) 3 January 13, 2004 Be C$ This item continued from the December 2, 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-4524, James B. Malless, AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers Inc., requests Conditional Use # 13 of the "A" Rural Agricultural Zoning District for the purpose of a 700-foot guyed communications tower per Section 2.6.35 of the Collier County Land Development Code. The property to be considered for the conditional use is located in Section 3, Township 51 south, Range 26 east, Collier County, Florida. This property consists of 14.55+ acres. Motion to Deny- Approved 5/0 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members VA-2003-AR-4525 for: A variance of 690 feet from the minimum separation requirement from residential zoning of 1,750 feet to 1,060 feet; a variance of 450 feet from thc required maximum height limitation of 250 feet to 700 feet for towers in an agricultural side yard setback to 24 feet for a single guy anchor point in an agricultural zoning district on property hereinafter described in Collier County, Florida. Motion to Deny - Approved 5/0 ADVERTISED PUBLIC HEARINGS BOARD OF COUNTY COMMISSIONERS Appointment of members to the Library Advisory Board. Resolution 2004-09 Appointing Loretta Murray and Andrew II. Reiss - Adopted 5/0 Appointment of members to the County Government Productivity Committee. Resolution 2004-10 Appointing Helen C. Philbin and Re-appointing Janet Vasey, Dexter R. Groose, and Joseph B. Swaja - Adopted 5/0 Ce Appointment of members to the Citizens Advisory Task Force. Resolution 2004-11 Re-appointing Ellen Christian Myers, William J. McCarthy, and David M. Corban - Adopted 5/0 4 January 13, 2004 10. Do Em Em Appointment of members to the Code Enforcement Board. Resolution 2004-12 Re-appointing Roberta Dusek and Clifford Flegal, Jr. Adopted 5/0 Appointment of members to the Radio Road Beautification MSTU Advisory Committee. Resolution 2004-13 Appointing Betty R. Schudel and Re-appointing Dale L. Lewis - Adopted 5/0 This item to be heard at 10:30 a.m. Intent to motion to obtain Board reconsideration on usage of Federal Aviation Grants. (Commissioner Henning) Motion to reconsider - Adopted 5/0 COUNTY MANAGER'S REPORT Ae This item to be heard at 11:00 a.m. Discussion of access to Eatonwood Lane and Livingston Road from the Hiwasse Property, located at the northwest comer of Livingston Road and Eatonwood Lane, east of Kensington Park PUD, in Section 13, Township 49 south, Range 25 east. (Joseph K. Schmitt, Administrator, Community Development) Staff to initiate a comprehensive plan amendment to remove the requirement that Eatonwood Lane be used by Itiwasse property and an agreement be reached within 15 business days. All associated costs to come from the General Fund. - Approved 5/0; Motion on agreement of previous motion clarification - Approved 5/0 Be This item to be heard immediately following 10E Receive an update and provide input for the County Road 951 Project Development and Environment (PD&E) Study, from Immokalee Road to Alico Road in Collier and Lee Counties. (Norman Feder, Administrator, Transportation Services) Consensus Ce Altemative road impact fee calculation for Shelton Jaguar/Land Rover dealership replacement facility. (Norman Feder, Administrator, Transportation Services) Motion to Continue - Approved 5/0 5 January 13, 2004 De Adopt a resolution authorizing the acquisition by condemnation, if necessary, of perpetual, non-exclusive road right-of-way, drainage and/or utility easements, which will be required for the construction of roadway, drainage and utility improvements for the Golden Gate Parkway/Airport- Pulling road Grade Separated Overpass Project (Project No. 60006). Fiscal impact: $4,500,000.00. (Norman Feder, Administrator, Transportation Services) Resolution 2004-14 Adopted w/Stipulations- 5/0 Continued E. This item to be heard at 1:00 p.m. Authorize the expenditure of budgeted funds for the development of Best Friend Park. (John Dunnuck, Administrator, Public Services) Continued to January 27, 2004 F. To approve the purchase of a 50-acre parcel of land located in the northeast quadrant of the intersection of Goodlette-Frank Road and Golden Gate Parkway for the purpose of providing for drainage improvements, transportation improvements and environmental protection. (Fiscal impact: Up to $20,000,000) Moved from Item #16C6 G. Approve a Tourist Development Category "A" Beach Renourishment/Maintenance Grant Application, a Budget Amendment, and an Engineering Services Work Order to seek modification to the Florida Department of Environmental Protection Permit for maintenance dredging of Wiggins Pass, Project 90522, in the amount of $15,000. Motion to Approve- 5/0 Moved from H. Item #16E4 Approval of a resolution granting limited settlement authority to the Risk Management Director under the County's Property, Casualty, and Workers' Compensation Insurance Programs Resolution 2004-15 - Adopted w/Stipulations 5/0 Moved from Item #16C2 I. Approve a Budget Amendment from Solid Waste Operations to Solid Waste Capital Projects to design four recycling and hazardous waste collection centers, Project 59003, in the amount of $375,500. 6 January13,2004 11. Approved- 5/0 PUBLIC COMMENTS ON GENERAL TOPICS Dr. Selwyn Mills & Dr. Amber Rose Mills representing Living Love in Action, Inc. supporting a proposal to make Naples the "Romance Capital of Florida". The Board of County Commissioners will present a Proclamation in support of Valentines Day festivities at a future meeting. 12. Added A. 13. 14. COUNTY ATTORNEY'S REPORT Recommendation that the Board consider and reject Aquaport Plantiffs'attempt to alter terms of the settlement agreement between Aquaport Plantiffs and individual Commissioner defendants after the fact, at least to the extent County funds are at issue. (staff request) Recommendation to approve staff's request - Approved 5/0 OTHER CONSTITUTIONAL OFFICERS AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Two day meeting in March B. Collier County Airports correspondence C. Season irrigation restriction reminder D. Lely South Sewer construction E. Commissioner Henning's 2003 highlights of BCC F. Mercantile/Arnold Industrial area G. Immokalee Airport H. Congratulations to Commissioner Henning as Chairman for the past year. 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes- 5/0 7 January13,2004 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Withdrawn 1) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Habitat Village", the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 2) BOARD OF COUNTY COMMISSIONERS ACTING AS THE 3) COMMUNITY REDEVELOPMENT AGENCY. To approve the change of the designated payee for previously approved out of pocket expenditures related to the Bayshore Christmas Walk Art Festival. Designated payee changed from Nancy Hannigan to Donna Fiala. $2,000 was previously designated from fund 187. Petition AVESMT2003-AR4693 to vacate, renounce and disclaim the easement for public road right of way recorded by separate instrument in the Public Records of Collier County, Florida. Located in Section 35, Township 48 south, Range 26 east, Collier County, Florida. Resolution 2004-01 4) Petition CARNY-2003-AR-5175, John Yonkosky, Treasurer, Collier County Fair and Exposition, Inc,. requesting a permit to conduct a fair from January 30 through February 8, 2004, at the Collier County Fair Grounds on Immokalee Road (CR 846), North Golden Gate Estates. CP 2004-01 6) Request to approve for recording the final plat of"Sabal Bay Commercial Plat Phase Two" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Project cost of $826,457,15 (estimated) to be borne by the developer. Request to approve for recording the final plat of"Delasol Phase Three", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security, and accept the County Park Dedication Agreement. Project cost of $632,286.67 (estimated) to be borne by the 8 January 13, 2004 Be developer. TRANSPORTATION SERVICES 1) 2) 3) Recommendation to award Bid No. 04-3591 - "Furnish and Deliver Five (5) Crew Cab Flat Bed Dump Trucks" to Wallace International in the amount of $279,950. Approve the transfer by deed of a portion of property owned by the Collier County Water-Sewer District ("District") to Collier County, a political subdivision of the State of Florida ("County"), and approve reimbursement to district in an amount equal to the pro-rated purchase price paid for the property by district for the construction of a six-lane section of Vanderbilt Beach Road (Project No. 63051). Estimated fiscal impact: $12,381. Adopt a resolution authorizing the acquisition by girl or purchase of perpetual, non-exclusive road right-of-way, drainage and utility easements, and temporary construction easements, which will be required for the installation of signal system mast arm assemblies and control boxes at intersections at SR 29 and Immokalee Drive, at SR 29 and 1 st Street in Immokalee, and at the intersection of Golden Gate Parkway and Tropicana Boulevard. Estimated fiscal impact: $5,100. Resolution 2004-02 4) 5) 6) Approve modification to correct a Scrivener's Error to Contract Amendment No. 1 with Apac-Southeast, Inc., regarding Immokalee Road Improvement Project; Project No. 60018 (no fiscal impact). Approve selection committee ranking of firms for contract negotiations for RFP #04-3587 "Engineering and Design Services for Roadway and Capacity Improvements to County Barn Road from County Road 864 to State Road 84", County Project No. 60101. American Consulting Engineers of Florida, LLC, Pitman- Hartenstein and Associates, Inc. and URS Corporation Approve Work Order Amendment No. 1 for a decrease of $33,924 to the contract for consulting engineering and inspection services by KCCS for the Davis Boulevard and Collier Boulevard Intersection 9 January 13, 2004 Ce Improvements, Project No. 60170. PUBLIC UTILITIES 1) Approve two easements to be deeded to Florida Power and Light Company to provide new electric power service to the North County Water Reclamation Facility, Projects 739501 and 739502, at no cost. Moved to Item #1 2) OI Approve a Budget Amendment from Solid Waste Operations to Solid Waste Capital Projects to design four recycling and hazardous waste collection centers, Project 59003, in the amount of $375,500. 3) Approve a work order, under Contract #01-3271, Fixed Term Professional Engineering Services, for Coastal Zone Management Projects, with Taylor Engineering for Caxambas Pass dredging and South Marco Island beach renourishment, Project 90500, in an amount not to exceed $206,000. 4) Authorization to participate in a demonstration project with the National Biosolids Partnership and approve a Letter of Understanding between the Collier County Wastewater Department and the National Biosolids Partnership at no cost to the county. 5) Approve Work Order ME-FT-04-02 with Metcalf and Eddy for professional engineering services for the North County Regional Water Treatment Plant Emergency Generator Switchgear Upgrades Project, Contract 00-3119, in the amount of $247,438, Project 70069. Moved to Item # 10G 6) Approve a Tourist Development Category "A" Beach Renourishment/Maintenance Grant Application, a Budget Amendment, and an Engineering Services Work Order to seek modification to the Florida Department of Environmental Protection Permit for maintenance dredging of Wiggins Pass, Project 90522, in the amount of $15,000. 7) Adopt a resolution approving a policy governing the sale of reclaimed water to the Unincorporated Area of Collier County. Resolution 2004-03 10 January13,2004 D. PUBLIC SERVICES 1) Approve an amendment to an agreement with Stock Development, LLC, for the installation of upgraded sports field lighting at Eagle Lakes Community Park at no cost to Collier County. 2) Approve Work Order #SC-02-57, Contract 02-3349, in the amount of $77,247 to Surety Construction, General Contractors, for the construction of a screen porch addition at the Marco Island Library. ADMINISTRATIVE SERVICES 1) Report to the Board of County Commissioners concerning the sale and transfer of items associated with the County Surplus Auction of December 13, 2003, resulting in $9,482.90 in net revenues. 2) Recommendation to award RFP No. 03-3568, County-Wide Exotic Vegetation Removal (estimated value $500,000.00). -to Earth Balance, DeAngelo Bros., Aquatic Weed Control, NaturChem, and Floraquatics 3) Approve and authorize the execution of a temporary lease agreement with Sarasota County and pay for office services not to exceed $3,000. The office space will be occupied for a two-month period by the Special Prosecutor of the State Attorney's Office during the proceedings of State of Florida v. John Calhoun Norris and Robert Paul Hardy in Sarasota County, Florida. Moved to Item #10H 4) Approval of a resolution granting limited settlement authority to the Risk Management Director under the County's Property, Casualty, and Workers' Compensation Insurance Programs. s) Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. -Period beginning on or about December 1, 2003 through December 31, 2003 11 January 13, 2004 6) Authorization to add two position classification titles to the Fiscal Year 04 Pay and Classification Plan. This internal reorganization will save the County an estimated $75,947.00. 7) Award a contract to Schenkel and Shultz, Inc., for architectural services for the Naples Jail Center, revised Contract Number 98-2867- 2004, in the amount not to exceed $845,510.00. COUNTY MANAGER 1) Approval of Budget Amendment Report - BA//04-080 in the amount of $8,415 for unanticipated renovation expenses for the main house at Robert's Ranch. G. AIRPORT AUTHORITY He Ke BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, Collier County Government Center, 2nd Floor, W. Harmon Turner Building, Naples, FL. -For the period December 6, 2003 through December 26, 2003 COUNTY ATTORNEY 1) Authorize the payment of planning fees in the Lawsuit styled Collier County v. G JR of Naples Inc., et al, Case No. 02-2212-CA (Immokalee Road Project #60018). -Payment of $923.39 to Goodlette, Coleman & Johnson Trust Account on behalf of the property owner 12 January 13, 2004 17. 2) Approve the agreed order awarding attorney fees relative to the easement acquisitions of Parcels 114, 115 and 116 in the lawsuit styled Collier County v. Centex Homes, et al, Case No. 02-1602-CA (Goodlette-Frank Road Project No. 60134. -Payment of $3000.00 to Michael R. Whitt, Esquire 3) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition of Parcel 129 in the lawsuit styled Collier County v. James R. Colosimo, Trustee, et al, Case No. 00-0138-CA (Pine Ridge Road, Project No. 60111). -As detailed in the Executive Summary SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Ae Petition RZ-2003-AR-4080, Hibiscus Church, requesting a rezone from "GC" Golf Course to "CF" Community Facility for a church for property located at the intersection of Rattlesnake Hammock Road and Doral Circle, in Section 19, Township 50 south, Range 26 east, Collier County, Florida. Ordinance 2004-02 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CUR-2003-AR-3776 request by William L. McDaniel for a conditional use re-review of CU-98- 13 January 13, 2004 12 for property located at 4125 Oil Well Road (CR 858), further described as Section 16, Township 48 south, Range 28 east, Collier County, Florida. Resolution 2004-04 Co This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition AVPLAT2003-AR4700 to disclaim, renounce and vacate thc county's and thc public's interest in a portion of the 15 foot wide county utility casement located in Tract "D", according to the plat of"Riverchase Shopping Center" as recorded in Plat Book 18, Pages 19 through 20, Public Records of Collier County, Florida. Located in Section 22, Township 48 south, Range 25 east. Resolution 2004-05 De A Resolution by the Board of County Commissioners of Collier County, Florida, requesting the Department of Community Affairs (DCA) to extend the termination date of the County's CDBG Award Agreement for a Community Development Block Grant under the Economic Development category that provided for a portion of the construction of the Manufacturing Facility II at the Immokalee Regional Airport Industrial Park. Resolution 2004-06 te This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PE-2003-AR-4261, Doug Schroeder, Executive Director of the Cocohatchee Nature Center, requesting a parking exemption to allow off-site parking via a shared parking agreement, pursuant to LDC §2.3.4.1.2.C., between the Cocohatchee Nature Center and the Pewter Mug. Access between the properties will be via a proposed pedestrian walkway under the U.S. 41 Bridge over the Cocohatchee River. The Cocohatchee Nature Center is located at 12345 Tamiami Trail North, in Section 21, Township 48 south, Range 25 east, Collier County, Florida. Resolution 2004-07 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO TH E COUNTY MANAGER'S OFFICE AT 774-8383. 14 January13,2004 AGENDA CHANGES_ BOARD OF-COUNTY COMMISSIONER~' MEETING January 13, 2004_ Continue Item 10F to Januar 27 2004 BCC meetin : To approve the purchase of a 50-acre parcel of land located in the northeast quadrant of the intersection of Goodlette-Frank Road and Golden Gate Parkway for the purpose of providing for drainage improvements, transportation improvements and environmental protection· (Staff request.) Add On Item 12A:. Recommendation that the Board consider and reject Aquaport Plantiffs' attempt to alter terms of the settlement agreement between Aquaport Plaintiffs and individual Commissioner defendants after the fact, at least to the extent County funds are at issue. (Staff request.) Withdraw Item 16A1: Request to grant final approval of the roadway (private), ~rainage, water and sewer improvements for the final plat of "Habitat Village", the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County· (Staff request.) Move Item 16C6 to 10G_: Approve a Tourist Development Category "A" Beach · enance Grant Application, a budget amendment and an ~enourishment/Matnt ....... ,- ----,,~'-~cation to the Florida Department Engineering Services Work uraer of Environmental Protection Permit for maintenance dredging of Wiggins Pass, Project 90522, in the amount of $15,000. (Commissioner Halas request.) Move Item 16E4 to 10H_: Approval of a resolution granting limited settlement authority to the Risk Management Director under the County's Property, Casualty and Workers' Compensation Insurance Programs· (Commissioner Coyie request·) TIME CERTAIN ITEMS_: Item 9F to be heard at 10:30 a.m_. Intent to motion to obtain Board reconsideration on usage of Federal Aviation Gr~nts. Item 10A to be heard at 11:00 a.m... Discussion of access to Eatonwood Lane and Livingston Road from the Hiwasse property, located at the northeast corner of Livingston Road and Eatonwood Lane, east of Kensington Park PUD, in Section 13, Township 49 south, Range 25 east. Item 10B to be heard immediatel followin Item 10E: Receive an update and provide input for the County Road 951 Project Development and Environment (PD&E) Study, from Immokalee Road to Alico Road in Collier and Lee Counties. Item 10E to be heard at 1:00 p.m. Authorize the expenditure of budgeted funds for the development of Best Friend Hark. PROCLAA~A T~ON H/HEREA$, in a yeti short time, thousands of our v~r[ beautiful feathered friends, the Purple Martins, will return from their winter home in Brazil; and. these birds will be searching for suitable housing to enable them to nest and rear their young; and, the Florida Legislature has designated Collier Counly the PURPLE ~ffARTXIV CAPZTAL OF FLORXDA; and. the "Purple A4ar~in $ociely of Collier Courtly" is desirous of urging the public to erect proper housing for these very valuable winged creatures by placing said houses on their proper~y; and, during the period ~ocie~y of valuable .; 2004, the Purple/Aartin the publ/c to how the insect and NOW be ' de~t'~nated 2004 Purple for these to protect and A TTE$ T: BOARD O? COUNTY COh~ht~ONER$ PROCLA~AA TION Catholic schools throughout the United States of America will celebrate Catholic ~chools H/eek on the ia# week o£ uTanuar/; and, approximately 2, 000 students in Collier County are currently enrolled in Catholic schools which include: St. Elizabeth Seton, St. ,4nn '~, St. John Neumann, and Royal Palm ,4cademy; and, H/HERE,4$, Catholic educa#an in Collier County now also includes post-seconda~/ stud/es w/th the new arrival of ,4ye Afar/a Unkers/ty; and, H/HERE,4$, the National Catholic Education Associa#on has announced this year's theme to be ,4 Fa#h-F#1ed Future; an~, students enrolled in area Catholic schools devote numerous hours of serwce towamts the improvement o£ our community; students develop leadership quail#es and a sense of respans/b#/ty to others; they come to know that their ac#ans can make a s/gn/£/cant difference in their community, their no#on and in the world; and, the ~onl of'Catholic ~: ~ ~?~ht mind, the heart, and the moral character o£ every child; to in,ill in fach child a sense se/£ wa~ and accountabil/ty,~ and, teach~e~ continues to play.a key brighter,! st~tr fu~ for all. NO~ ~EREEOR~ bt ff ~claim~d by:th~.fB~ of Coun~ and of Collier and um~ all cfft'ze4t~ to education has had in arm area a~.e~i~on~tl t¢~ join all Catholic $ch~la in this c¢leb~ti=.. :~:. ~?:~ DONE AND ORDERED THX~ l~n Day of ~anua~, ~ ~OARD OF COUNTY CO~tk~I, SSZONER$ TOt~ Hk')VN~N~, CHAI~N ATTEST: COLLIER COUNTY FLORIDA ~i;, ,ili REQUEST FOR LEGAL ADVERTISING OF PUBLIC HE~ To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) *******************~-~**,a-i~t***~*********************************** *************************************** ~.~n~ Petition No. (If none, give brief description): VA-2003oAR-4768, ALBERT'DOWACTER Petitioner: (Name & Address): Craig R. Woodward, Esq., PO Box 606 Bald Eagle Drive, Ste. 500, Marco Island, FL 34145 Name & Address of any person(s) to be notified by Clerk's Office: Albert Dowacter, PO Box 342, 38 Clary Road, Everglades City, FL 34139 Hearing before BCC BZA Other Requested Hearing date:_January 13, 2004 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size:VA-2003-AR4768, Craig R. Woodward, Esq. of Woodward, Pire: & Lombardo, P.A., representing Albert Dowacter, requesting a 1.8-foot after-the-fact variance from the required "MH-ACSC/ST" Mobil~ Home Zoning District with an Area of Critical State Concern/Special Treatment Zoning Overlay, side yard setback requirement of 7.5 fee to 5.7 feet for a shed on the north side of the property and a 7.3-foot after-the-fact variance from the side yard setback requirement of 7.5 feet to 0.2 feet on the south side of the property for a pool and screen enclosure. The property is located at 38 Clary Road, Plantation Island Unit 2, a platted but unrecorded subdivision, Lot 38, in Section 24, Township 53, Range 29 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: No If Yes, what account should be charged for advertising costs: Does Petition Fee include advertising cost? Yes 113-138312-649110 Reviewed by: Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request fog same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division d to approve and submit original to Clerk's Office, retaining a copy for file. *******************************~*****************~************************************************* FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing: t} 1 ~ J ~)q Date Advertised: [ ~I ~ 81D~ A RESOLUTION OF COLLIER COUNTY VA-2003-AR- 4768, RESOLUTION NO. 03 - RELATING TO PETITION NUMBER FOR AN 1.8 FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 7.5 FEET SIDE YARD SETBACK TO 5.7 FEET FOR THE EXISTING SHED ON THE NORTH SIDE OF THE PROPERTY AND A 7.3 FOOT AFTER-THE-FACT VARIANCE FROM THE SIDE YARD SETBACK REQUIREMENT OF 7.5 FEET TO 0.2 FEET FOR THE EXISTING POOL AND SCREEN ENCLOSURE ON THE SOUTH SIDE OF THE PROPERTY LOCATED IN THE "MH-ACSC/ST" MOBILE HOME ZONING DISTRICT WITHIN AN AREA OF CRITICAL STATE CONCERN/SPECIAL TREATMENT ZONING OVERLAY, 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 (LDC)(Ordinance No. 91-102, as amended) 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 1.8 -foot after-the-fact variance from LDC Section 2.2.10.4.3.2 required side yard setback of 7.5 feet to 5.7 feet for the existing shed on the north side of the property and a 7.3 foot after-the-fact variance from the same side yard requirement of 7.5 feet to 0.2 feet for the existing pool and screen enclosure on the south side of the property, as shown on the attached plot plan, Exhibit "A", in an "MH-ACSC/ST" Mobile Home Zoning District with an Area of Critical State Concern/Special Treatment Zoning Overlay, 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, Petition VA--2003-AR-4768, filed by Woodward, Piers and Lombardo, P.A., representing Albert I. and Eleanor P. Dowacter, with respect to the property hereinafter described: (unrecorded) Lot 38, Plantation Island, Unit 2, in Section 24, Township 53, Range 29 East, Collier County, Florida, being more particularly described as followed: commencing at the North 1/4 comer of Section 24, Township 53 South, Range 29 East, Tallahassee Meridian, Collier County, Florida, thence run SOO 16' 1 I" E along the North - South 1/4 line 120.00' feet to a concrete monument; thence run N86 59' 08" W and parallel to the North line of Section 24, 475.64' feet; thence SOO 16' 11" E and parallel to the North-South 1/4 line, 660.00' feet to the Point of Beginning; thence run S86 05' 08" E for 105.00' feet; thence run SOO 16' 11" E for 60.00' feet; thence run N86 05' 08" W for 105.00' feet; thence run N00 16'11" W FPR 60.00' feet to the Point of Beginning, be and the same hereby is approved for a 1.8 foot after-the-fact variance from the LDC Section 2.2.10.4.3.2, required side yard setback of 7.5 feet to 5.7 feet for the existing shed on the north side of the property and a 7.3 foot after-the-fact variance from the same side yard setback requirement of 7.5 feet to 0.2 feet for the existing pool and screen enclosure on the south side of the property as shown on the attached plot plan, Exhibit "A," of the "MH-ACSC/ST" Mobile Home Zoning District with an Area of Critical State Concern/Special Treatment Zoning Overlay, wherein said property is located, subject to the following conditions: 1. The variance is for the structures shown in Exhibit "A," only. Any other encroachment shall require a separate variance; and 2. In the case of the destruction of the encroaching structures, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT FURTHER RESOLVED that this Resolution relating VA-2003-AR-4768 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. to Petition Number ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Patrick G. white Assistant County Attorney VA-2003-AR-4768/Io BY: TOM HENNING, CHAIRMAN VA.2003-AR-4768 PROJECT #2003070041 ~,~,~ .... MIKE DERUNTZ Lit Lit 0 0 S00'32'16"W 59.99'(F) SO0' 16' 11 ~ (D) S00'16'1 29S C) c> December 1, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: VA-2003-AR-4768, Albert I. & Eleanor P. Dowacter Dear Georgia: Please advertise the above referenced petition on Sunday, December 28, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF PUBLIC HEARIN~ Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 13, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VA-2003-AR-4768, Craig R. Woodward, Esq. of Woodward, Pires & Lombardo, P.A., representing Albert Dowacter, requesting a 1.8-foot after-the-fact variance from the required ~MH-ACSC/ST" Mobile Home Zoning District with an Area of Critical State Concern/Special Treatment Zoning Overlay, side yard setback requirement of 7.5 feet to 5.7 feet for a shed on the north side of the property and a 7.3-foot after-the-fact variance from the side yard setback requirement of 7.5 feet to 0.2 feet on the south side of the property for a pool and screen enclosure. The property is located at 38 Clary Road, Plantation Island Unit 2, a platted but unrecorded subdivision, Lot 38, in Section 24, Township 53, Range 29 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ann Jennejohn, Deputy Clerk ~?A (SEAL) Dwight E. Brock Clerk of Courts Co.tx of'COllier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk ~)f Courts Accountant Auditor Custodian of County Funds December 1, 2003 Albert Dowacter P.O. Box 342 38 Clary Road Everglades City, FL 34139 Re: Notice of Public Hearing to consider Petition VA-2003-AR-4768, Albert Dowacter Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 28, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK n Jennej0~n, D~puty Clerk Enclosure Phone- (239) 732-2646 Website- www. clerk, collier.fl, us Fax- (239) 775-2755 Email- collierclerkt~clerk, collier.fl, us Ann P. Jenneiohn To: Subject: Georgia (E-mail) VA-2003-AR-4768, Albert Dowacter Hi Georgia! Please advertise the attached on Sunday, December 28, 2003. Thanks, Have a great day Ann VA-2003-AR-4768. VA-2003-AR-4768. doc doc Minutes & Records Ann P. Jenneiohn From: postmaster@clerk.collier.fl .us Sent: Tuesday, December 02, 2003 10:25 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) A/l117750.b~ VA-2003-AR-4768, Albe~D0wact.. This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Ann P. Jenneiohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, December 02, 2003 10:15 AM Ann P. Jennejohn Delivered: VA-2003-AR-4768, Albert Dowacter VA-2003-AR-4768, Albe~ Dowa~... <<VA-2003-AR-4768, Albert Dowacter>> Your message To: Georgia (E-mail) Subject: VA-2003-AR-4768, Albert Dowacter Sent: Tue, 2 Dec 2003 10:24:57 -0500 was delivered to the followin9 recipient(s): legals on Tue, 2 Dec 2003 10:14:41 -0500 VA-2003-AR-4768, Albert Dowacter Page 1 of 1 Ann P. Jennejohn 7A From: legals [legals@naplesnews.com] Sent: Tuesday, December 02, 2003 10:45 AM To: Ann P. Jennejohn Subject: RE: VA-2003-AR-4768, Albert Dowacter rcvd to run dec. 28 georgia ..... Original Message ..... From: Ann P. Jennejohn [mailto:Ann..lennejohn@clerk.collier.fl.us] Sent: Tuesday, December 02, 2003 10:25 AM To: Georgia (E-mail) Subject: VA-2003-AR-4768, Albert Dowacter Hi Georgia! Please advertise the attached on Sunday, December 28, 2003. Thanks, Have a great day Ann Minutes & Records <<VA-2003-AR-4768. doc>> <<VA-2003-AR-4768. doc>> 12/2/2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angola Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on December 28th, 2003. Affiant further says that the said Naples Daily News is a newspaper 'published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor. promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signat~lfe of affiant) Sworn to and subscribed before me This 30th day of December, 2003 (~n~tu3-e ~)f notary pt[blic). ,~:,';.;?. '.I.;.';/,, Harriet! Bushong :-.~ .~ilJ, --~,~ ]uly 24, 2007 ;;',~'~,/~,~'" BONDEDTHRUTROY FA N NSURANC~, INC VA-2003-AR-4768 NOTICE OF I PUBLIC HEARING Notice is hereby givenl that the Board of County| Corem ssioners of Col-|, er County will hold public hear ng on Tues-I day, January 3.3, 2004, in/ the Boardroom, 3rd~ Floor, Administration Biq[d[ng, Collier Counts Government Center 3301 East Tamiami Trail Naples, Florida. ThE meeting will begin at 9:00 A.M. The Board will consider Petition VA-2003-AR- 4768, Craig R. Wood-I ward, Esq. of Woodward, Pires & Lombardo, P.A., representing Albert Dowacter, requesting a 1.8-foot after-the-fact variance from the re- qMuired "MH-ACSC/ST" obile Home Zoning District with an Area of Critical 5tote Con- cern/Special Treatment Zoning Overlay, side yard setback require- ment of 7.5 feet to 5.7 feet for a shed on the north side of the proper- ty and a 7,3.foot after- the-fact variance from the side yard setback requirement of 7.5 feet to 0.) feet on the south side of the property for a pool and screen enclo- sure, The property is lo- cated at 38 Clary Road Plantation Island Unit 2 a platted but unre. corded subdivision, Lot 38, in Section 2.4, Town- ship 53, Range 29 East, Collier County, Florida. NOTE: All Persons wish- ing to speak on any agenda item must regis- ter with the County Ad- ministrator prior to pre- sentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selec- tion of an individual to speak on behalf of an organization or .group is encouraged. If recog- nized by the Chair, spokesperson for ~tI group or organizationt may be allotted 10 rain-I utes to speak on an item. J Persons wishing to hovel written or graphic ma- terials included n thel Board agenda packets! must submit said ma- terial a minimum of 3 weeks prior to the re- spective public hearing. In any case, written ma- terials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of sev- en days prior to the [~eUblic hearing. All ma- rial used in presenta- tions before the Board will become a perma- nent part of the record. ~ny person who decides to appeal a decision of the Board will need a re-I cord of the proeeedingsl pertaining thereto andl therefore, may need toJ ensure that a verbatiml record of the proceed-J Ings is made which re- cord includes the testi- mony and evidence upon which the appea Is based. BOARD OF COUNT~ COMMISISONERS COLLIER COUNTY, FLORI DA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK CLERK By: /s/Ann Jennejohn Deputy Clerk (SEAL) Dec. 28 No. 40387~6 RESOLUTION NO. 04 - 0 8 RELATING TO PETITION NUMBER VA-2003-AR- 4768, FOR AN 1.8 FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 7.5 FEET TO 5.7 FEET FOR THE EXISTING SHED ON THE NORTH SIDE OF THE PROPERTY AND A 7.3 FOOT AFTER-THE-FACT VARIANCE FROM THE SIDE YARD SETBACK REQUIREMENT OF 7.5 FEET TO 0.2 FEET FOR THE EXISTING POOL AND SCREEN ENCLOSURE ON THE SOUTH SIDE OF THE PROPERTY IN THE "MH-ACSC/ST" MOBILE HOME ZONING DISTRICT WITH AN AREA OF CRITICAL STATE CONCERN/SPECIAL TREATMENT ZONING OVERLAY, 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 1.8 -foot after-the-fact variance from the LDC Section 2.2.10.4.3.2 required side yard setback of 7.5 feet to 5.7 feet for the existing shed on the north side of the property and a 7.3 foot after-the-fact variance from the side yard requirement of 7.5 feet to 0.2 feet for the existing pool and screen enclosure on the south side of the property, as shown on the attached plot plan, Exhibit "A", in an "MH-ACSC/ST" Mobile Home Zoning District with an Area of Critical State Concern/Special Treatment Zoning Overlay, for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY The Board of Zoning Appeals of Collier County, Florida, that; The Petition VA--2003-AR-4768 filed by Woodward, Piers and Lombardo, P.A., representing Albert I. and Eleanor P. Dowacter, with respect to the property hereinafter described as: VA-2003-AR~4768 1 of 2 Exhibit "A" be and the same hereby is approved for a 1.8 foot after-the-fact variance from the required side yard setback of 7.5 feet to 5.7 feet for the existing shed on the north side of the property and a 7.3 foot after-the-fact variance from the side yard setback requirement of 7.5 feet to 0.2 feet for the existing pool and screen enclosure on the south side of the property as shown on the attached plot plan, Exhibit "A", of the "MH-ACSC/ST" Mobile Home Zoning District with an Area of Critical State Concern/Special Treatment Zoning Overlay, wherein said property is located, subject to the following conditions: 1. The variance is for the encroachments shown in Exhibit "A" only. Any other encroachment shall require a separate variance; and 2. In the case of the destruction of the encroaching structures, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. 3. A visual barrier must be constructed inside the western side of the screen enclosure by the applicant within three months from the approval of this variance request; 4. The applicant must apply for building permits for the shed, screen enclosure, and pool within three months of the approval of this variance request. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2003-AR-4768 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this //..~ ~ ATTEST: DWIGHT E. BROCK, CLERK - :' ~.' i'"' ~;:, ApprOved as' to and.Legal SuffiJiency: Patric~hlte Assist~t Co~ty Attorney day o~,~,~, 2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA VA-2003-AR-4768/Io VA-2003-AR-4768 2 of 2 z CL PLANTATION PARKWAY ((]) ~ L ~,9 t .oos (_-1),66'6c3 AL,9 L,~C.OOS ri3 o o Z' Z ' L.OOS 0 r-' C 'Z,LNfllt~tlI 3'}IIIAI £0/6Z;/6 [r, 00L0i~00Z# &D~LI'Oltd 89£1r--lt¥-£00Z;'¥A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Fiease piacc the fonowing as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/Div: Comm. Dev. Serv./Planning Person: Michael Bosi Date: /o- 2 ~_ o ~ Petition No. (If none, give brief description): CU-2003-AR4524, Pinnacle Towers - Tower Road Site Petitioner: (Name & Address):Wireless Planning Services, LIe, James B. Malles, AICP, 845 Mississippi Ave, Lakeland, F! 33801 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Pinnacle Towers Inc., c/o Bonnie Bowers, 301 N. Cattleman Road, Sarasota, Fl. 34232 Hearing before BCC BZA Other Requested Hearing date: November 18. 2003 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: CU-2003-AR4524, James B. Malless, AICP, of Firm Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requesting conditional use approval for a 700-foot guyed tower in the "A" Rural Agricultural zoning district per LDC Section 2.6.35.6.2. The property is located at 305 Tower Road north west of the intersection of US 41 and S.R. 951, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 14.55± acres. (Companion to VA-2003-AR4525) Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113-138312-649110 Rev.iewed by: . ,,~ ,q '/O//~ ~-/0-~ Approved by: List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office 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: RESOLUTION NO. 03 - A RESOLUTION PROVIDING FOR THE' ESTABLISHMENT OF CONDITIONAL USE "13" IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT FOR A COMMUNICATIONS TOWER PURSUANT TO SECTION 2.2.2.3.13 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 3, TOWNSH~ 51 SOUTH, RANGE 26 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 confen'ed 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 a conditional use for a 700 foot guyed telecommunications tower pursuant to of Section 2.2.2.3.13 of the Collier County Land Development Code in an "A" Rural Agricultural District 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 James B. Malless, AICP of Wireless Planning Services, LLC, representing Pinnacle Towers Inc. with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for a conditional use for a 700 foot .gUyed telecommunications tower pursuant to Section 2.2.2.3.13 of the Collier Cou~ty:i::.Land Development Code in an "A" Rural Agricultural District in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: -1- 1. The Current Planning Manager may approve minor changes in the location, sitting, 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 the submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 91-102). 2. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. Pinnacle Tower Inc. or the current tower owner, shall submit a monitoring report to the planning services department director, every three years from the date of Board of Zoning Appeals approval, inventorying the businesses utilizing antennas located on the tower. 4. If the tower is no longer used by a governmental agency, above the height of 250 feet, then this conditional use shall expire and the tower shall be reduced to conform to the permitted height designated within the Rural Agricultural Zoning District. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this day of ,2003. BOARD OF ZONING 'APPEALS COLLIER COUNTY, 'FLORIDA TOM HENNING, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marj~rie{~'. ~t~'deht' " Assistant County Attorney CU-2003-AR-4524/MB/sp FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4524 The following facts are found: 1. Section 2.2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect 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 Co 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 fi" No Based on the above findin, gs, this conditional use should, with stipulations, (copy attached) (shcu,,d nvt) ~c r¢cO,ml~ncted for approval ' DATE: 10/,~/0~ CHAIRMAN: EXHIBIT A 1. The:Current Planning Manager may approve minor changes in the location, sitting, 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 the submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91- 102). 2. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. Pinnacle Tower Inc. or the current tower owner shall submit a monitoring report, every three years from the date of Board of County Contrnissioners approval, inventorying the user located on the tower. 4. If the tower is no longer used by a governmental agency providing for the health, safety and welfare of the community, then this Conditional Use shall expire and the tower's height will be reduced to conform to the permitted height designated within the Rural Agricultural zoning district. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this day of ,2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORiDA TOM HENNING, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney CU-2003-AR-4524/MB/sp -2- A tract of land in the Southwest 1/4 of Section 3, Township 51 South, Range 26 East, Collier County, Florida, being all of certain tracts described in Official Records Book 165, Pages 54 and 56 of the deed records of said Collier County, Florida. Said tract of land being more particularly described as f'oIlows: Commencing at the southwest corner of said Section 3; thence along the West line of said Section 3 North 00°00'15'' West, 920.69 feet to a concrete monument found at the Northwest corner of a certain tract of land described as "General TV Tract" in said Official Records Book 165, Page 54; thence along the Northerly lir~e of said "General TV Tract" and parallel with the South line of said Section 3, South 89o52'30.. East, 799.84 feet to a concrete monument found for the POINT OF BEGINNING; thence along the Easterly line of the land described in said Official Records Book 165, Pages 54 and 56, South 00°00'15'' East, 604.76 feet to an iron pin set in the Northerly right- of-way line of Tower Road for the Southeast corner of tract herein described; thence along said Northerly right-of-way line, the following five (5) courses: (1) South 75°26'40" West, 21.01 feet to an iron pin set; (2) along a curve, concave to the Southeast whose elements are: central angle of 59°20'09'', radius of 105~00 feet, arc length of 108.74 feet and a chord that bears South 45044'36'' West, 103.94 feet to an iron pin set; (3) South 16°04'49'' West, 183.34 feet to an iron pin set; (4) along a curve, concave to the Northwest, whose elements are: central angle of 74°04'31'', radius of 45.00 feet, arc length of 58.18 feet and a chord that bears South 53° 10'20"~West, 54.21 feet to an iron pin set; (5) North 89°48'15'' West, 341.90 feet to a concrete monument found at the Southwest corner of a certain Parcel "A" described in said Official Records Book 165, Page 55; thence along the Westerly line of said Parcel "A", North 00o03'32.' West, 178.61 feet to an iron pin set at the Northwest corner of said Parcel "A", being also in the Southerly line of said "General TV Tract"; thence along said Southerly line North 89°47'21.' West 268.79 feet to a concrete monument found at the, Southwest corner of said "General TV Tract", also being in the West line of said Section 3, being also the Southwest corner of said tract herein described; thence alon~ said Section line, being also the Westerly line of said "General TV Tract", North 00°00'15'. West, 712.23 feet to a concrete monument found at the Northwest corner of said "General TV Tract", being also the Northwest corner of the tract herein described; thence, along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89o52'30" East, 799.84 feet to the POINT OF BEGINNING. ~/16/97 (12:50D,'n)/I~ o~' C,,pri October 24, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2003-AR-4524, Pinnacle Towers - Tower Road Site Dear Georgia: Please advertise the above referenced notice on Sunday, November 2 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 18, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2003-AR-4524 James B. Malless, AICP, of Firm Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requesting conditional use approval for a 700-foot guyed tower in the "A" Rural Agricultural zoning district per LDC Section 2.6.35.6.2. The property is located at 305 Tower Road north west of the intersection of US 41 and S.R. 951, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 14.55+ acres. (Companion to VA-2003-AR- 4525) -- NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts yofC ~ Count Oilier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTItOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101-3044 Auditor Custodian of County Funds October 24, 2003 Wireless Planning Services, LLC 845 Mississippi Avenue Lakeland, FL 33801 ATTN: James B. Mallis, AICP Re: Notice of Public Hearing to consider Petition CU-2003-AR-4524 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 2003 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 2, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone-(239)732-2646 Website-www.clerk.collier.fl.us Fax-(239) 775-2755 Em~l-coflierclerk(~_~clerk. colHer, fl. us Dwight E. Brock Clerk of Courts county of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURT.USE 3301 TAMIAMI T~L E3~ST P.O. BOX 4~044 NAPLES, FLORIDA 3~101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds October 24, 2003 Pinnacle Towers C/0 Bonnie Bowers 301 N. Cattleman Road Sarasota, F1 34232 Re: Notice of Public Hearing to consider Petition CU-2003-AR-4524 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 2003 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 2,2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk, collier.fl.us Fax- (239) 775-2755 Email- collierclerk~clerk, collier.fl.us Linda A. Houtzer To: Subject: Georgia (E-mail) CU-2003-AR-4524 ?B Hi Georgia, Please run the attached on November 2, 2003. CU-2003-AR-4524. CU-2003-AR-4524. doc doc Thank you, Linda Houtzer Depty Clerk Linda A. Houtzer From: Sent: To: Subject: postmaster@clerk.collier.fi.us Friday, October 24, 2003 1:06 PM Linda A. Houtzer Delivery Status Notification (Relay) A~-F881932.~t CU-2003-AR-4524 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com Linda A. Houtzer From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, October 24, 2003 6:27 PM Linda A. Houtzer Delivered: CU-2003-AR-4524 CU-2003-AR-4524 <<CU-2003-AR-4524>> Your message To: Georgia (E-mail) Subject: CU-2003-AR-4524 Sent: Fri, 24 Oct 2003 13:06:17 -0400 was delivered to the following recipient(s): legals on Fri, 24 Oct 2003 18:27:14 -0400 November 6, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2003-AR-4524, Pinnacle Towers - Tower Road Site Dear Georgia: Please advertise the above referenced notice on Sunday, November 16, 2003, and kindly send the Affidavit of Publication, in. duplicate, together with charges involved, to this office. Thank you. Sincerely, Trish Morgan Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 2, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2003-AR-4524 James B. Malless, AICP, of Firm Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requesting conditional use approval for a 700-foot guyed tower in the "A" Rural Agricultural zoning district per LDC Section 2.6.35.6.2. The property is located at 305 Tower Road north west of the intersection of US 41 and S.R. 951, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 14.55~ acres. (Companion to VA-2003-AR- 4525) NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts ~o ~uo~ t~ of {g611ier ~ CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTFI>OUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 . NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds November 6, 2003 James B. Malless, AICP Wireless Planning Services, LLC 845 Mississippi Avenue Lakeland, FL 33801 Re: Notice of Public Hearing to consider Petition CU-2003-AR-4524 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 16, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk, comer.fl.us Fax- (239) 775-2755 Email- collierclerk~clerk, collier.fl.us Dwight E. Brock Clerk of Courts :- ottpt -;gTCbllier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTItOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 4~044 NAPLES, FLORIDA'3~101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds November 6, 2003 Pinnacle Towers Inc. C/o Bonnie Bowers 301 N. Cattleman Road Suite 300 Sarasota, FL 34232 Re: Notice of Public Hearing to consider Petition CU-2003-AR-4524 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 16, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk, comer.fl.us Fax- (239) 775-2755 Email- collierclerk~clerk, collier.fl.us Patricia L. Mor~lan To: Subject: Georgia (E-mail) Advertising - CU-2003-AR-4524 ~i ~eorgia, Please run the attached ad on Sunday, Hovem6er 16, 2003. Also, please notify Pam that this ad has amved She might have special instructions for it. This is the ad that was originally suppose to run on 11/2/03, 6ut didn't due to emailproblems. (This is a companion to petition VA-2003-AR-4525.-which also might have special instructions). .Also, please confirm the placement of this ad Than~, Trish Minutes el, P~cords CU-2003-AR-4524( 1).doc CU-2003-AR-4524( 1).doc Patricia L. From: Sent: To: Subject: postmaster@clerk.collier.fl .us Thursday, November 06, 2003 10:22 AM Patricia L. Morgan Delivery Status Notification (Relay) Al-l'172571.txt Advertising - CU-2003-AR-4524 Clliis is an automatica[~ generateaC <De£ivery Status Notification. ~Your message has 6een successfu£[_y refayeaC to the following recipients, 6ut the requesteaC aCe£ivery status notifications may not 6e generateaC 6y the aCestination. (egaFs&napfesnews. com Patricia L. From: Sent: To: Subject: in System Administrator [postmaster@naplesnews.com] Thursday, November 06, 2003 10:13 AM Patricia L. Morgan Delivered: Advertising - CU-2003-AR-4524 Advertising - CU-2003-AR-4524 < <~c[vertising - CZ)-2 003-~ q(-4 5 2 4 > > ~Your message C[o: qeort~ia (~E-maiO Subject: 9~aCvertising - C~-2003-9~q(-4 5 2 4 Sent: ClIiu, 61Tv'or 2003 10.'22:14 -0500 ,vas aCe[iverec[ to the foffowing recipient(s): legals on Clhu, 6 5v'ov 2003 10:13:05 -0500 Advertising- CU-2003-AR-4524 Page 1 of 1 Patricia L. Morgan From: legals [legals@naplesnews.com] Sent: Thursday, November 06, 2003 11:17 AM To: Patricia L. Morgan Subject: RE: Advertising - CU-2003-AR-4524 rcvd to run nov. 16 georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Thursday, November 06, 2003 10:22 AM To: Georgia (E-mail) Subject: Advertising - CU-2003-AR-4524 qeorgia, ®[ease run the attachec[ac[on Sunc[ay, 5ffovemSer 16, 2003. ~[so, please notify ®am that this ac[ has arrive~ She might have specia[instructions for it. Cltlis is the ac[that was originally suppose to run on 11/2/03, 6ut c[ic[n't clue to emai[pro~[ems. (q-his is a companion to petition ~'j~-2003-j~q(- 4525.-which also might have specia[ instructions), j~[so, please confirm the placement of this a~ qrish 5~linutes e~ q~corc[s <<CU-2003-AR-4524(1).doc>> <<CU-2003-AR-4524(1).doc>> 11/6/2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on November 16th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor prom/sad any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 18th day of November ,2003 (Signature of notary public) ff ....-.;.q~ ;~., ~3;% Harriet1 Bushong _--.: :.~ MYCOMMISSION# DD234689 EXPIRES ',,,og ~;,,"BONDED ~R I T~OY ;AIN NSr ~ANCEr INC ?B NOTICE OF PUBLIC HEARING Notice is hereby giver hat the Board of Count~ Comm ss oners of Col- ier County will hold a public hearing on Tues- day, December 2, 2003, n the Boardroom, 3rd Floor, Adm nlstration Building, Collier County Government Center, 3301 East Tamiaml Trail, Naples, HOrida. The meeting wil begin 9:00 A.M. The Board will considerl Petition CU-2003-ARq 4524 James B. Mallessd AICP. of Firm Wireless| Planning Services, LLC,| represent ng Pinnacle Towers, inc., recluesflnltl conditional use approvml for a 700-fOot guyed tower In the ,A" Rurall Agricultural zoning dis-/ trlct oer LOC Section| 2.6.35.6.2. The property[ is located at 305 Towerl Road north west of the/ nteraectlon of US. 41/ and S.R. 951, in Section[ 3, Township 51 South,I .Range 26 East, Colllerl County, Florida~ consls-[ ting of .14,$5.+/-..~cre.s,1 (Companion to vA.zu~-~ AR-4525) NOTE: All Persons wish. lng to speak on a.n agenda Rem must regl: tar with the County A~ ministrator prior to pr~ sentatlon of the agent item to be,addresse, Individual speakers w be limited tb S mlnut~ on any item. The sale tion of an individual to speak on behalf of an organization or group is encouraged. If re.cog-I nized by the Chatr, al spokesperson for group or organlzatlonl may be allotted 10 mln-/ utes to speak on an| Item. Persons w shlng to have written or graphic ma- terials included in the Board agenda packets must submit said ma- terial a minimum of 3 weeks prior to.the.re- spective public nearing. In any case, written ma- terials Intended to be considered by the Board shall be submitted t~ the appropriate County staff a minimum of Bev. en days prior to the public hearing. All ma- terial used h~ presenta- tions before the BOard will beco.m..e a perma- nent part or the record. Any persqn w~.o d.ecldes. to appeal a Decision oi the Board will need a re- cord of the proceedings pertaining thereto and therefore, may need tc ensure that a verbatiff record of t. he proc. eed- lngs IS maae, which re- cord Includes the testi- mony and evidence the appea, BOARD OF COU.TV COM ,SIBO. E.S CO'U. COU. , F.OR,- DA TOM HENNING, CHAIR. MAN DWIGHT E. BROCK. CLERK By: /s/Patrlcia L. Mor- gan, Deputy Clerk (SEAL) Nov. 16 No. 369785 December 2, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2003-AR-4524, Pinnacle Towers - Tower Road Site Dear Georgia: Please advertise the above referenced notice on Sunday, December 28,2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O./Account # 113-138312-649110 ?B NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 13, 2004, 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-2003-AR-4524 James Bo Malless, AICP, of Firm Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requesting conditional use approval for a 700-foot guyed tower in the "A" Rural Agricultural zoning district per LDC Section 2.6.35.6.2. The property is located at 305 Tower Road north west of the intersection of US 41 and S.R. 951, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 14.55± acres. (Companion to VA-2003-AR- 4525) NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301TAMIAMI ~ EAST P.O. BOX 4E3044 NAPLES, FLORIDA ~$~101-3044 Clerk ~f Courts Accountant Auditor Custodian of County Funds December 03, 2003 James B. Malless, AICP Wireless Planning Services, LLC 845 Mississippi Avenue Lakeland, FL 33801 Re: Notice of Public Hearing to consider Petition CU-2003-kR-4524 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 28, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Enclosure Phone- (239) 732-2646 Website-www.clerk. collier.fl.us Fax- (239) 775-2755 Email- comerclerk~clerk, coilier, fl.us Dwight E. Brock Clerk of Courts CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTltOUSE 3301 TAMIAMI ~ EAST P.O. BOX 4~044 NAPLES, FLORIDA 34101-3044 Clerk bf Courts Accountant Auditor Custodian of County Funds December 03, 2003 Pinnacle Towers, Inc. C/O Bonnie Bowers 301 N. Cattleman Road Sarasota, Florida 34232 Re: Notice of Public Hearing to consider Petition CU-2003-AR-4524 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 28, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~i,inda A. Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk, c011ier.fl. US Fax- (239) 775-2755 Email- c011ierclerk~clerk, collier.fl.us CU-2003-AR-4524 Linda A. Houtzer Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Tuesday, December 02, 2003 4:26 PM To: Linda A. Houtzer Subject: RE: CU-2003-AR-4524 rcvd to run dec. 28 georgia ..... Original Message ..... From: Linda A. Houtzer [mailto:Linda. Houtzer@clerk.collier.fl.us] Sent: Tuesday, December 02, 2003 4:16 PH To: Georgia (E-mail) Subject: CU-2003-AR-4524 < <CU-2003-AR-452 4. doc> > < <CU-2003-AR-452 4. doc> > 12/2/2003 Sent: s~jevr' S~tx ten~ j~Fn~ in ix tr~ tor ~ o~ tn~s ter~_p ~sne ~vs. c on~J £in~ ~. ~fo~tzer CU-2003-AR-4524 £in~ ~. ~fautze~ Sent: SuBject: Al-r121375.txt CU-2003-AR-4524 ~Cu~ject: ~Z[-2 0 o y-~9~-4524 CU-2003-~R-4524. CU-2003-^R-4524. doc doc NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant., who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on December 28th, 2003. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor. promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said new/p~er. ( Signamr' v e of affiant) ~ Sworn to and subscribed before me This 30th day of December, 2003 ~Si[,namre of notary public) ,,,:'~".?~?, Harriett Bushong ., ~.:. :*: :*=*. MY COMMISSION # DD234689 EXPIRES ':'~'.;~.~./..o[~ July 24, 2007 ','. o,- ';~-,.' 8OND[D THRU TROY FAIN INSURANCe, INC. Not!ce Is hereby 'given that the Board oof County commtssloner~ o! Col; lief .County will hold a public bern'lng on Tues- day, Janua~ 13, 2004.t In the Boaroroom, '.rd Floor, Administration BUlldiog. Collier County GOverhment Center, 3301 East Tamlaml Trail, NaPles, Florida.. The meeting will begin at tThe Baaed wl!l conslflerJ PetitiOn' CU-2003.AR.I 4624 jame~ B. Malless,t AiCP, of. Firm Wirelessl Pt~Uln,~g Service?, .LLC,i J' ~ePr~;;'~ntlng Pinnacle J TowerS, Inc., requesting j .conditional use approvm / rot a 700-foot guyed /tow. er I~! the "A" Rural / Agricultural zoning dis- trict I~er LDC Section 2.6.35,6.2, The property = is located at 305 Tower Road north west of the InterSection of US 4[ and S.R. 95l, in Section[ 3, T~w~ 51 South,j Rahl~r ~zlrt. a-st, ColllerJ County, Ftorlda, consis.I l~l_ng of ::t~,.S. 5+ ac'res.i ~.~s"~"~ to VA'200a-I ~OTE: All Persons wish- lng t~o ..speak on any ~.Rem must regis- ter..w.~, the county ad- minIstrator prior to pre- sentaflon of the agenda Item to be addressed ?dlviduai Speakers will De limited to $ minutes on ~ Item. The. selec. tlon of mi Individual to speak on behe f of a! organization, or group I: encouraged. If recog nlzed by the Chair, ~ spokesp~rson for ~ group or organlzetlo~ may be allotted 10 min- Utes to speak on an Item. Persons wlshtng to have written or graphic ma- I terlais Included Iff the Board agenda packet~ must submit said ma. terlal a minimum of 3 weeks pr or to the re. spect ve public hearing. In .any case, written ma- erlms Intended to be considered by .the. Board shall be submitted to t.he._apPr.op, rtate C.ounty st~l? & minimum o? sev- en days P. rlor to the pu.bllc hea~ ng. All ma- terial used in presenta- ti.on.s: before the Board w~l ~eome a pirma- neilt part of the record. Any person who d.eclde~. to appeal a decision OT the .~itp2d. _. will need a re- coffi .of the procsedlngs pertain ng thereto and therefore, may need to ensure that · verbatim record of the proceed- IngS IS made, which re- cord Includes the testl. mony and evidence upon which the appeal Is based. BOARD OF COUNTY COMMISlSONERS COLLIER COUNTY, FLORI- DA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK, CLERK. ~: /S/PattiCta L. Mor- Dec. 18 No. 4O4918 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 Depff Div: Comm. Dev. Serv./Planning Person: Mike Bosi Date: / 0 ~ ).. ~-' 0 ? Petition No. (If none, give brief description) VA-2003-AR-4525, Pinnacle Towers, Inc. Petitioner: (Name & Address): James B. Malless, AICP, Wireless Planning Services, LLC, 845 Mississippi Ave., Lakeland, FL 33801 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Pinnacle Towers Inc., c/o Bonnie Bowers, 301 N. Cattleman Road, Ste. 300, Sarasota, FL 34232 Hearing before BCC BZA Other Requested Hearing date: November i 8, 2003 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: VA-2003-AR--4525, James B. Malless AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requesting a variance as follows:To reduce the required tower to residential separation distance from 1,750 feet to 690 feet. This is a reduction of 1,060 feet. Section 2.6.35.6.2 requires that a tower over 75 feet tall be 2.5 times the tower height fi.om residential zoning districts or PUD zoning of a 6 residential units or less. The 700-foot tower would need to be 1,750 feet and the proposed tower is only 690 feet from the nearest residential zoning district. The variance is requested to provide enough height that the US Coast Guard antennas will reach the area that they need to reach to provide the required service. The requested height and the needed variance eliminate the need for 2 other new 700-foot towers that would be required to serve this area. A variance is also requested to reduce the side yard setback for the northwest guy anchor from 30 feet to 24 feet. This is a 6-foot reduction on the location of the guyed anchor. The measurements are fi.om the point where the anchor enters the earth. Section 2.6.35.6.15 requires that guyed anchors of towers over 75 feet meet the setback standards of the zoning district. The zoning district of this parcel is A and the side setback standard is 30 feet. The County code requires that towers be able to withstand certain wind velocities based on the height of the tower. The design of the tower requires that the guy anchors be placed a specific distance from the tower in order to meet the County's engineering standards. The proposed tower must be placed in a certain spot so that it will not interfere with the other tower. These 2 issues drove the location of the guyed anchor and the need for the variance. A variance is also requested for the tower to exceed the 250-foot tower height limitation established in the Agricultural zoning district within Section 2.6.35.6.2.3.Property is located at 305 Tower Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 14.554. acres. (Companion to CU-2003-AR-4524) Companion petition(s), if any & proposed hearing date: CU-2003-AR-4524 Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: ! 13-138312-649110 /ffDepanment Head List Attachments: Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. Date Received: I O/,-'1 q/t3 ?~ Date of Public hearing: Date Advertised: RESOLUTION NO. 03- RELATING TO PETITION NUMBER VA-2003-AR- 4525 FOR: A VARIANCE OF 690 FEET FROM THE REQUIRED MINIMUM SEPERATION REQUIREMENT OF 1,750 FEET TO 1,060 FEET FROM THE REQUIRED RESIDENTIAL ZONING DISTRICT SETBACK, A VARIANCE OF 450 FEET FROM THE REQUIRED MAXIMUM HEIGHT LIMITATION OF 250 FEET TO 700 FEET FOR TOWERS IN AN AGRICULTURAL ZONING DISTRICT, AND A VARIANCE OF 6-FEET FROM THE REQUIRED 30 FOOT SIDE YARD SETBACK TO 24 FEET FOR A SINGLE GUYED WIRED ANCHOR POINT IN AN AGRICULTURAL ZONING DISTRICT 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 the following variance requests: a 690-foot variance from the required residential zoning district setback of 1,750 feet to 1,060 feet, a 450-foot variance from the required 250-foot height limitation to 700 feet, anda 6-foot variance from the required 30-foot side yard setback to 24 feet, as shown on the attached plot plan, Exhibit "B", in an 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 VA-2003-AR-4525 filed by James B. Malless, AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers, Incorporated, with respect to the property hereinafter described as: Exhibit "A" be and the same hereby is approved for the following variances: a 690-foot variance from the required 1,750 yard setback to 1060 feet, a 450-foot variance from the required 250-foot height limitation to 700 feet, and a 6--foot variance from the required 30-foot side yard setback to 24 feet, as shown on the attached plot plan, Exhibit "B", in the Agricultural Zoning District wherein said property is located, subject to the following conditions: 1. These variances are for the variances shown in Exhibit "B" only. Any other variance shall require a separate petition and hearing. 2. In case of the destruction of the tower, for any reason, the tower may be replaced with the dimensional variances expressed within the petition, contingent that the conditions of petition CU-2003-AR-4524 are still being satisfied. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2003-AR-4525 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Ma~or~- 19I. Student Assistant County Attorney VA-2003-AR-4525/MB/lo BY: TOM HENNING, CHAIRMAN OR: 2324 PG: 3249 A tract 'of land in the Southwest 1/4 of Section 3, Township 51 South, Range 26 East, Collier County, Florida, being all of certain tracts described in Official Records Book 165, Pages 54 and 56 of the deed records of said Collier County, Florida. Said tract of land being more particularly described as follows: Commencing at the southwest corner of said Section 3; thence along the West line of said Section 3 North 00°00'15" West, 920.69 feet to a concrete monument found at the Northwest corner of a certain tract of land described as "General TV Tract" in said Official Records Book 165, Page 54; thence along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89052'30" East, 799.84 feet to a concrete monument found for the POINT OF BEGINNING; thence along the Easterly line of the land described in said Official Records Book 165, Pages 54 and 56, South 00°00'15" East, 604.76 feet to an iron pin set in the Northerly right- of-way line of Tower Road for the Southeast corner of tract herein described; thence along said Northerly right-of-way line, the following five (5) courses: (1) South 75026'40" West, 21.01 feet to an iron pin set; (2) along a curve, concave to the Southeast whose elements are: central angle of 59°20'09'', radius of 105.00 feet, arc length of 108.74 feet and a chord that bears South 45044'36" West, 103.94 feet to an iron pin set; (3) South 16004'49" West, 183.34 feet to an iron pin set; (4) along a curve, concave to the Northwest, whose elements are: central angle of 74°04'31", radius of 45.00 feet, arc length of 58.18 feet and a chord that bears South 53© 10'20" West, 54.21 feet to an iron pin set; (5) North 89°48'15" West, 341.90 feet to a concrete monument found at the Southwest corner of a certain Parcel "A" described in said Official Records Book 165, Page 55; thence along the Westerly line of said Parcel "A", North 00003'32" West, 178.61 feet to an iron pin set at the Northwest corner of said Parcel "A", being also in the Southerly line of said "General TV Tract"; thence along said Southerly line North 89°47'21" West 268.79 feet to a concrete monument found at the Southwest corner of said "General TV Tract", also being in the West line of said Section 3, being also the Southwest corner of said tract herein described; thence along said Section line, being also the Westerly line of said "General TV Tract", North 00°00'15" West, 712.23 feet to a concrete monument found at the Northwest corner of said "General TV Tract", being also the Northwest corner of the tract herein described; thence along the Northerly line of said "General TV Tract" and parallel with the South line of said Section 3, South 89052'30" East, 799.84 feet to the POINT OF BEGINNING. 06/16~' (12:,~)pm)/Isl~ of' Capri FTc ~ ~ October 24, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: VA--2003-AR-4525, Pinnacle Towers, Inc. Dear Georgia: Please advertise the above referenced notice on Sunday, November 2 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 18, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VA-2003-AR-4525, James B. Mallis, AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requesting a variance as follows: to reduce the required tower to residential separation distance from 1,750 feet to 690 feet. This is a reduction of 1,060 feet. Section 2.6.35.6.2 requires that a tower over 75 feet tall be 2.5 times the tower height from residential zoning districts of PUD zoning of a 6 residential units or less. The 700-foot tower would need to be 1,750 feet and the proposed tower is only 690 feet from the nearest residential zoning district. The variance is requested to provide enough height that the US Coast Guard antennas will reach the area that they need to reach to provide the required service. The requested height and the needed variance eliminate the need for 2 other new 700-foot towers that would be required to serve this area. A variance is also requested to reduce the side yard setback for the northwest guy anchor from 30 feet to 24 feet. This is a 6- foot reduction on the location of the guyed anchor. The measurements are from the point where the anchor enters the earth. Section 2.6.35.6.15 requires that guyed anchors of towers over 75 feet meet the setback standards of the zoning district. The zoning district of this parcel is A and the side setback standard is 30 feet. The County code requires that towers be able to withstand certain wind velocities based on the height of the tower. The design of the tower requires that the guy anchors be placed a specific distance from the tower in order to meet the County's engineering standards. The proposed tower must be placed in a certain spot so that it will not interfere with the other tower. These 2 issues drove the location of the guyed anchor and the need for the variance. A variance is also requested for the tower to exceed the 250-foot tower height limitation established in the Agricultural zoning district within Section 2.6.35.6.2.3. Property is located at 305 Tower Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 14.55~ acres. (Companion to CU-2003-AR-4524) NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Linda A. Houtzer, Deputy Clerk ( SEAL ) Dwight E. Brock Clerk of Courts -Co tg of'COllier CLERK OF THE CIRCUIT COURT COLLIFR COUNTY COURTI:IOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds October 24, 2003 James B. Malliss, AICP Wireless Planning Services, LLC. 845 Mississippi Avenue Lakeland, FL 33801 Re: Notice of Public Hearing to consider Petition VA-2003-AR-4525 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 2003 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 2, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk, collier.fl.u$ Fax- (239) 775-2755 Email- collierclerk~clerk, collier.fl.us Dwight E. Brock Clerk of Courts ~' eou~.~ ti i.ofC°llier ~7C CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds October 24, 2003 Pinnacle Towers, Inc. c/o Bonnie Bowers 301 N. Cattleman Road Ste. 300 Sarasota FL 34232 Re: Notice of Public Hearing to consider Petition VA-2003-AR-4525 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 2003 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 2, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk, collier.fl, us Fax- (239) 775-2755 Email- collierclerk(~_,clerk.collier, fl.us Linda A. Houtzer From: Sent: To: Subject: Linda A. Houtzer Friday, October 24, 2003 3:34 PM Georgia (E-mail) VA-2003-AR-4525 Hi Georgia, Busy day today!!. Please run the attached on Sunday, November 2, 2003. VA-2003-AR-~,525. VA-2003-AR-4525. doc doc Thank you, Linda Houtzer Deputy Clerk Linda A. Houtzer From: Sent: To: Subject: postmaster@clerk.collier.fi.us Friday, October 24, 2003 3:35 PM Linda A. Houtzer Delivery Status Notification (Relay) A]-~883538.~t VA-2003-AR-4525 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com Linda A. Houtzer From: Sent: To: Subject: '7O System Administrator [postmaster@naplesnews.com] Friday, October 24, 2003 3:28 PM Linda A. Houtzer Delivered: VA-2003-AR-4525 VA-2003-AR-4525 <<VA-2003-AR-4525>> Your message To: Georgia (E-mail) Subject: VA-2003-AR-4525 Sent: Fri, 24 Oct 2003 15:33:31 -0400 was delivered to the following recipient(s): legals on Fri, 24 Oct 2003 15:27:39 -0400 November 6, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: VA-2003-AR-4525, Pinnacle Towers, Inc. Dear Georgia: Please advertise the above referenced petition on Sunday, November 16, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 2, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VA-2003-AR-4525, James B. Malless, AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requesting a variance as follows: to reduce the required tower to residential separation distance from 1,750 feet to 690 feet. This is a reduction of 1,060 feet. Section 2.6.35.6.2 requires that a tower over 75 feet tall be 2.5 times the tower height from residential zoning districts of PUD zoning of a 6 residential units or less. The 700-foot tower would need to be 1,750 feet and the proposed tower is only 690 feet from the nearest residential zoning district. The variance is requested to provide enough height that the US Coast Guard antennas will reach the area that they need to reach to provide the required service. The requested height and the needed variance eliminate the need for 2 other new 700-foot towers that would be required to serve this area. A variance is also requested to reduce the side yard setback for the northwest guy anchor from 30 feet to. 24 feet. This is a 6- foot reduction on the location of the guyed anchor. The measurements are from the point where the anchor enters the earth. Section 2.6.35.6.15 requires that guyed anchors of towers over 75 feet meet the setback standards of the zoning district. The zoning district of this parcel is A and the side setback standard is 30 feet. The County code requires that towers be able to withstand certain wind velocities based on the height of the tower. The design of the tower requires that the guy anchors be placed a specific distance from the tower in order to meet the County's engineering standards. The proposed tower must be placed in a certain spot so that it will not interfere with the other tower. These 2 issues drove the location of the guyed anchor and the need for the variance. A variance is also requested for the tower to exceed the 250-foot tower height limitation established in the Agricultural zoning district within Section 2.6.35.6.2.3. Property is located at 305 Tower Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 14.55± acres. (Companion to CU-2003-AR-4524) NOTE= Ail Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts ¢otmty .gfC011ier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 · NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds November 6, 2003 James B. Malless, AICP Wireless Planning Services, LLC 845 Mississippi Avenue Lakeland, FL 33801 Re: Notice of Public Hearing to consider Petition VA-2003-AR-4525 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 16, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia h. Morgan, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk, collier.fl.us Fax- (239) 775-2755 Email- collierclerkC~_~clerk, coilier, fl.us Dwight E. Brock Clerk of Courts CLERK OF .IRCUIT COURt' COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 4t.3044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds November 6, 2003 Pinnacle Towers Inc. C/o Bonnie Bowers 301 N. Cattleman Road Suite 300 Sarasota, FL 34232 Re: Notice of Public Hearing to consider Petition VA-2003-AR-4525 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 16, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk, collier.fl, us Fax- (239) 775-2755 Email- collierclerk~clerk, collier.fl.us Patricia L. Morgan To: Subject: Georgia (E-mail) Advertising - VA-2003-AR-4525 ~i ~eorgia, Please run the attachedadon Sunday, Novem6er 16, 2003. AFso, please notify ®am that this adhas arrived. She might have specialinstructions for it. This is the adthat was originally suppose to run on 11/2/03, but didn't due to emailproblems. (This is a companion to petition CU-2003-AR-4524.-which also might have special instructions). Also, please confirra the placement of this ad Thanks, Trish Minutes e~ P~cords VA-2003-AR-4525( 1).doc VA-2002-AR-2525( 1).doc Patricia L. Morgan From: Sent: To: Subject: postmaster@clerk.collier.fl .us Thursday, November 06, 2003 9:49 AM Patricia L. Morgan Delivery Status Notification (Relay) ATT172044.t:xt Advertising - VA-2003-AR-4525 Clhis is an automatica£fy generatecF <De£ivery Status Y~Cotification~ ~Your message has 6een successfu£fy refayed to ttie foff. owing recipients, 5ut the requesteaC aCe£ivery status notifications may not 5e ~teneratecf fry the aCestinatior~ fegaFs& napfesnews, com Patricia L. Mor~lan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, November 06, 2003 9:40 AM Patricia L. Morgan Delivered: Advertising - VA-2003-AR-4525 Advertising - VA-2003-AR-4525 <<Adwr~bing - VA-2003-AR-4 525> > 'Your message To: Georgia (B-maio Subject: Advertising - VA-2003-AR4525 Sent: Thu, 6 Hov 2003 09:48:$3 -0500 ~uas delivered to the following recipient(s): legals on Thu, 6 Hov 2003 09:39:43 -0500 Advertising - VA-2003-AR-4525 Patricia L. Morgan Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Thursday, November 06, 2003 11:13 AM To: Patricia L. Morgan Subject: RE: Advertising - V^-2003-AR-4525 rcvd to run nov. 16 georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Thursday, November 06, 2003 9:49 AM To: Georgia (E-mail) Subject: AdverMsing - VA-2003-AR-4525 Yfi qeorgia, ®[ease run the attachedadon Sunday, YVovemSer 16, 2003. )~[so, Iv[ease notify &am that this ad has arrive~ She might have specia[ instructions for it. q-his is the ar[that was originally suppose to run on 11/2/03, 6ut didn't due to emai[ivro6[ems. (q-his is a comivanion to Ivetition C~)-2003-j~q(- 4524.-which also might have specia[ instructions). )~[so, Iv[ease confirm the placement of this aa(. Trish g4inutes ~ qCcords <<VA-2003-AR-4525(1).doc>> <<VA-2002-AR-2525(1).doc>> 11/6/2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a pLTBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on November 16th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a per/od of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 18th day of November ,2003 (~ignature of notary public) ~ ~.%~.~?~;% Harrimt Bushong .' ~-:.' '.~.d~ -:* :i~*~-5~ '~? MY COMMISSIONjuly #24, DD2346892007 EXPlR[~: · '~ ""~'vb~~' BONDED THRU TROY [~Ird bcl ?,,~ ( F ;NC · PUBLIC HEARING ~ / Notice Is hereby_givenl that the Board of C0untyl commissioners ~&o~l liar County will hold a public healing on Tuas- aaY, D~Cemb.er 2 200al In the B~lmroom, ara FIoor~ Administration NOTE: A I Persons~ _Bl~lidiflg+ Collier Co~.nty wlshl.ng to speak on anyj uovernment Cenler .agerma Item must regis-! 3301 East Tamlaml Trail, tar with the C. oun. ty Ad-[ Naples, Florida.. The mlnlstratorprlor to pre- meeting will begin at sentatlon.ofthe agenda Item to De addressed 9~0OA.M.. Individual speakers wlllj The Board will consider be limited to 5 mlnutesj Petition VA-2003-AR, '"on any Item. The selec-I 4~25, James a. Malless, tlon .of~an ,lfl.dlv.i~luaJ tgi AtCP, of Wireless Plan. speak ~en oenalr o! RnI nlnO Services, LL.C,._rag. organization or group tSl resenting Pinnacle Tow. epcouraged. If re.cog- ers~ Inc., requesting a fltzed by the Chair, a variance as ?ollows: to reduce the required oration distance from 1,750 feet to 690' feet. This is a reduction gl 1,060 feet, Eectlo~ tower over 75 feet tall be 2.6 times the towel height from residential zoning districts of PUli. zo_nlng: of. a 6 residential units or mss. The 700- foot tower would needl to be 1~750 feet lind ~ prol~sed tower is OMYl 690"feet from the ne~l est ~eSldantlal zonltlgt district. The vorlance~l reques*ed to, ~rovl~el enm~gh he_l~ht .that.thai to I~'Ovl-de the requireD/ service, The requested/ height and the nandedl varl~nce eliminate tbel need for 2 other neWl 7oD,fOOt towers th&ti would .be required tgi ser~tms~ / A variance Is also re-I quested t.o fe.~luc.e t. he~ side y&fl] setl~ag# /ort the northwest guy anchor Trom ~0 feet to 24 feet. This Is a 6-footl reduction on the loca- tion of the guyedI anchor. The measure-i meets are from thai point where the anchorl enters the sarth.I SeCtion 2.6i35,6,16 re-I qul. res that guyedl ancl~ots of towers overl 75 feet meet the S~t~backl stanclard8 of the zorl~g district. The zoning dis- trict of this parcel-Is A county ~ode. reg~lre, s that towers De amc to withstand certain wind velocltles based on the height of the tower. The daslgn of the tower re. quires th. at t. he anchors .~e place, o a s~eclflc d~etance trom the tower In order te meet the County's Chill. neerlag standards. The ' p.r~.e~l tower m. ust be placed In a certain so that It will not Inmr. fore with 'the other tow. m'. The~se 2 Is,=ue~ drove the location of the guyed anchor and the ~ for the variance. A variance is also re- er helgh.t limitation es.- tabllsl~ I~. the. Agrlc. ul- rural zomng district with;In Section 2.E36.E,2.:L Property 15 located at 305 Tower Road, tn Section Township B1 South, Rang® 26 East, Collier County, Florlda~ consis- ting of 14.55+/- acres. (Companion to CU-2003. AR-4524) spokesperson.for aI group or organization may ~e allotted 10 mtn-I utes to speak on an Item. Persons wishing to haveI written or grai=hlc ma- ter a s ncluded n the Board agenda packetsJ must suomlt said ma-I terlal a minimum of 3J weeks prior to the re-J ~pective public hearing.I In any ease, written ma-i terlals Intended to be] : cor-~dered by the Boa~lJ Shall be submitted roi the appro, p. riate C.ounty~ staff a minimum or en days prior to the] public nearing. All ma-I terlal used In presenta- tions before the aoardl will become a perma-I nant part ofthe rebord. I Any person who decides to appeal a decision of the I~ard wi nced a re- cord of the proceedings pertaining thereto and thererors, may need to ensure that a verbatim record of the Proceed- Ings IS made, which re- cord Includes the testi- mony and evidence .up. on w. hlch the appeal 15 Dase~. BOARD OF COUNTY COMMISISONER$ COLUER COUNTY, FLORIDA TOM HIFNNING, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Patrlcla L.  Cle*k Morgan, Nov. 16 No. 37045S December 2, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: VA-2003-AR-4525, Pinnacle Towers, Inc. Dear Georgia: Please advertise the above referenced petition on Sunday, December 28, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 13, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VA-2003-AR-4525, James B. Mallis, AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers, Inc., requesting a variance as follows: to reduce the required tower to residential separation distance from 1,750 feet to 690 feet. This is a reduction of 1,060 feet. Section 2.6.35.6.2 requires that a tower over 75 feet tall be 2.5 times the tower height from residential zoning districts of PUD zoning of a 6 residential units or less. The 700-foot tower would need to be 1,750 feet and the proposed tower is only 690 feet from the nearest residential zoning district. The variance is requested to' provide enough height that the US Coast Guard antennas will reach the area that they need to reach to provide the required service. The requested height and the needed variance eliminate the need for 2 other new 700-foot towers that would be required to serve this area. A variance is also requested to reduce the side yard setback for the northwest guy anchor from 30 feet to 24 feet. This is a 6- foot reduction on the location of the guyed anchor. The measurements are from the point where the anchor enters the earth. Section 2.6.35.6.15 requires that guyed anchors of towers over 75 feet meet the setback standards of the zoning district. The zoning district of this parcel is A and the side setback standard is 30 feet. The County code requires that towers be able to withstand certain wind velocities based on the height of the tower. The design of the tower requires that the guy anchors be placed a specific distance from the tower in order to meet the County's engineering standards. The proposed tower must be placed in a certain spot so that it will not interfere with the other tower. These 2 issues drove the location of the guyed anchor and the need for the variance. A variance is also requested for the tower to exceed the 250-foot tower height, limitation established in the Agricultural zoning district within Section 2.6.35.6.2.3. Property is located at 305 Tower Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 14.55! acres. (Companion to CU-2003-AR-4524) NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Linda A. Houtzer, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts ' ou0.., t pfC011ier- CLERK OF THE CIRCUIT COURT COLLIER COUNTY GOURT~OUSE 3301 T IAMI TRAIL E~ST P.O. BOX 4~044 NAPLES, FLORIDA 3~ 101- 304~ Clerk ~f Courts Accountant Auditor Custodian of County Funds December 03, 2003 James B. Malless, AICP Wireless Planning Services, LLC 845 Mississippi Avenue Lakeland, Florida 33801 Re: Notice of Public Hearing to consider Petition VA-2003-AR-4525 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 28, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www. clerk, coilier.fl.us Fax- (239) 775-2755 Email- collierclerk~clerk, coilier, fl.us Dwight E. Brock Clerk of Courts 'Coup . tgpfCo ier CLERK OF THE CIRCUIT COURT co,~,~mR co~ cow~ovss 3301 TAMIAMI TRAIL EPCOT P.O. BOX 4~044 '~ NAPLES, FLORIDA 3,4101-3044 Clerk ~f Courts Accountant Auditor Custodian of County Funds December 03, 2003 Pinnacle Towers, Inc. C/O Bonnie Bowers 301 N. Cattleman Road Sarasota, Florida 34232 Re: Notice of Public Hearing to consider Petition VA-2003-AR-4525 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 28, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www. clerk, collier, fl.US Fax- (239) 775-2755 Email- coilierclerk~clerk, coilier.fl., a ~?C V^-2003-AR-4525. V^-2003-^R-4525, cloc doc ~?C Sent: A]-F121362.txt VA-2003-AR-4525 P?C Sunt: VA-2003-AR-4525 Page 1 of 1 Linda A. Houtzer From: legals [legals@naplesnews.com] Sent: Tuesday, December 02, 2003 4:30 PM To: Linda A. Houtzer Subject: RE: VA-2003-AR-4525 rcvd to run dec. 28 georgia ..... Original Message ..... From: Linda A. Houtzer [mailto:Linda.Houtzer@clerk.collier.fl.us] Sent: Tuesday, December 02, 2003 4:32 PM To: Georgia (E-mail) Subject: VA-2003-AR-4525 ?///zzz/~.'.~' ;z'/z¢'/'~'eco~'~/~" < <VA-2003-AR-4525. doc> > < <VA-2003-AR-4525. doc> > 12/2/2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on December 28th, 2003. Affiant further says that the said Naples Daily News is a newspaper 'published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of l year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor. promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Sign~t~fre of affiant) Sworn to and subscribed before me This 30th day of December, 2003 ~&ghature of notary public) ~7' Harriett Bushong MY COMMISSION # DD234689 EXPIRES 3uty 24, 2007 BONDED THRU TROY FAiN INSURANCE, INC_., VA-20~3-AR-4525 NOTICE OF PUBLIC HEARING Notice Is hereby glvenl that the~ Board of County~ C0mmlssloners of ~1- · lief Count~ will ho_id a PUblic ~lng on TUes- day, Januar~ 13. 2004,111. the Boar~]room, 3to ftoor~ Administration Building, Collier County Goveyhment Center, 3301 East Tamlami Trail Nap!.e.s, FI.Orlda.. The. meeting will begin at 9:00 A.bL The Board will consider Petition VA*2003-AR- a;52B, James B. Mallls AICP, of Wireless Plan* nlng Services, LLC, rep- resenting Plnr~cle Tow- erst Inc., requesting a varlarlce as follows: to reduce the required tower to residential sep- aration distance from 1,750 feet to 690 feet. This Is a reducUon of 1,o60 f&et. Section 2.6.35.6,2 r~ltllres that tower over 75 feet tall be 2.5 times the tower / height from residential zonlng districts of PUD zoning of a 6 residential units or less, The 700- foot tower would need to be 1,760 feet and the ~90roposed tower Is anl feet from the near est residential zonin district The variance I requested to provld enough height, that th US Cout Guard anter r~as will reach the areal that thez., need to re. ach. I to p.roVIde *the reqUweol servme. The requestedl height and the needed variance eliminate thel need for 2 other newl 700-foot towers that would be required to serve this area. A variance Is also re- quested to reduce the side yard setback, for the northwest guy anchor from 3O feet te 24 feet, This is a 6-foot reduction on the Ioca. tlon of the Buyed anchor. The meuure. merits ~re from th~ point where the anchm enters the earth. Section 2.B,35.6,15 re- quires that guyed anchors of towers over 7~ feet meet the setback standards of the zoning district, The zoning dis* trlot'of this parcel~4a A and the side setback standard is S0 feel The County code. reuui.res that towers ne able to withstand certain wind velocIUes based on the height Of the tower. The design of the tower re- quires that the guy anchors be placed a specific distance from the tower in order to meet the County's enji- nearing standards. proposed tower must bel placed in a certa!n, spotl so that it will not mmr-i fere with the other tow- er. These 2 Issues drovel the location of thel guyed a.nchor and thai' he~d for me variance. A variance Is also re-I quested for the tower to exceed the 2S0-foot tow- er height limitation es- tablis, hed In the Agrlc. ul- rural zoning dlstrlctl within Section 2.6,35.6,2,3. Property Isl ocated at 305 TOwerl ROad, In Section 3,1 Townsh p S1 South l Range 2B East Coillerl Count, Florida, consls*l ting of 14.55+ acresd (Companion to CU-2003-! AR-4524) J NOT:E: A Persons wishing to speak on apy agendai Item must regls-I te.r with the C. ounty Ad-~ mlnletrator prmr to pre- sentatton of the agenda item to be addressed Individual speakers will be limited to 5 minutes on any item.. ~e selec- tion of an ~ndlvldual to speak on behalf of an organization or group Is e.rlcouraged. If recog- razed by the Chair, a spokespe4~sen for a groupor organizatloni may be alicttiM 10 mln-i utes to SPeak on an item. Persons wishtng to haveI .wrl.ttpn .or .graPhic ma-j terlals InCluded in thai Board agenda Packetsl must su~mit said'mad terlal a minimum of 31 weeks prior to the*re- spective public hearing.I In any case, wdtton ma-I terlals intended to bel considered by the Board. shall be submitted to the. appr.oPrlate County stair a minimum of sev- en daYS prior to the pu.bli.c hearing, All ma- terial used In presenta- tions before the Board will become a perma- nant part of the record. tAny person who decides p appeaJ a decision of me eoara will need a re- coffi..of.the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the pr.oc, eed- Ings Is maae, which re- cord includes the testi- mony 'and evidence upon which the appeal ~s be~ed. BOARD OF COUNTYi COMMISISONERS COLLIER COUNTY, FLORI-! DA TOM HENNiNG, cHAIRL MAN DWIGHT E. BROCK, CLERK ~)se~ALU~. ClerkBy:/s/Ljnda A. Houtzer, Deg. 28: ' NO. 4049~0l F'9A RESOLUTION NO. 2004-09 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO APPOINT MEMBERS TO THE LIBRARY ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 88-71 confirmed the creation of the Library Advisory Board and provides that the Board shall consist of five (5) members; and WHEREAS, there are currently vacancies on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Library Advisory Board has provided the Board of County Commissioners with its recommendations for appointment to their Board. NOW, THEREFORE, BE Z-I' RESOLVED BY THE BOARD OF COUNTY COIVlNIISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Loretta Murray, representing Commission District No. 1, is hereby appointed to the Library Advisory Board to fulfill the remainder of the vacant term, said term to expire on December 31, 2006. 2. Andrew H. Reiss, representing Commission District No. 2, is hereby appointed to the Library Advisory Board to fulfill the remainder of the vacant term, said term to expire on December 31, 2004. This Resolution adopted after motion, second and majority vote. DATED: .lanuary 13, 2004 A'I-I'EST: DWIGHT E. BROCK, Clerk BOARD OF couNTY ,COMMISSIONERS COLLIER COUNTY, FLOR.IDA?., Approved as to form and legal sufficiency: David C. Weigel County Attorney DCW/kn: h;public;kay;adv, bds. RESOLUT1'ON NO. 2004-10 A RESOLUT]~ON OF THE BOARD OF COUNTY COMf4]'SS];ONERS OF COLLI~ER COUNTY, FLORi'DA, TO APPO1'NT AND REAPPO~'NT MEMBERS TO THE COUNTY GOVERNf4ENT PRODUCTiZVI'TY COMI~tI'I'TEE. WHEREAS, The County Government Productivity Committee was established by the Board of County Commissioners through the adoption of Collier County Ordinance No. 91-10, as amended; and WHEREAS, Ordinance No. 91-10, as amended, provides that the Committee shall consist of 13 members; and WHEREAS, the terms of 4 members will expire on February 4, 2004, creating vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE ]-I' RESOLVED BY THE BOARD OF COUNTY COMM]~SS[ONERS OF COLL]:ER COUNTY, FLORIDA, that: 1. Helen C. Phiibin is hereby appointed to the County Government Productivity Committee to fulfill the remainder of the vacant term plus an additional two-year term, said term to expire on February 4, 2006. 2. Janet Vasey is hereby reappointed to the County Government Productivity Committee to fulfill the remainder of the vacant term plus an additional two-year term, said term to expire on February 4, 2006. 3. Dexter R. Groose is hereby reappointed to the County Government Productivity Committee to fulfill the remainder of the vacant term plus an additional two-year term, said term to expire on February 4, 2006. 4. Joseph B. Swaja is hereby appointed to the County Government Productivity Committee to fulfill the remainder of the vacant term plus an additional two-year term, said term to expire on February 4, 2006. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of .~anet Vasey to this Committee. This Resolution adopted after motion, second and unanimous votei DATED: January 13, 2004 A'I-FEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONN~F~ALA, Chairman David C. Weigel ~-~ County Attorney DCW/kn:h;public;kay;advisoryboards 2 RESOLUTION NO. 2004-11 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO REAPPOI'NT MEMBERS TO THE SMALL CIT]:ES COMMUNTTY DEVELOPMENT BLOCK GRANT CIT]:ZENS ADVISORY TASK FORCE. 9C WHEREAS, Collier County Ordinance No. 90-60 established a Small Cities Community Development Block Grant Citizens Advisory Task Force for Collier County; and WHEREAS, Ordinance No. 90-60 provides for the appointment of five members for two year terms after the initial term; and WHEREAS, there are currently vacancies on this Task Force; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, The Small Cities Community Development Block Grant Citizens Advisory Task Force has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORTDA, that: 1. Ellen Christian-Myers, IVlinority, is hereby reappointed to the Small Cities Community Development Block Grant Citizens Advisory Task Force for a 2 year term, said term to expire on December 31, 2005. 2. William J. McCarthy, serving the at-large category, is hereby reappointed to the Small Cities Community Development Block Grant Citizens Advisory Task Force for a 2 year term, said term to expire on December 31, 2005. 3. David M. Corban, serving the at-large category, is hereby reappointed to the Small Cities Community Development Block Grant Citizens Advisory Task Force for a 2 year term, said term to expire on December 31, 2005. This Resolution adopted after motion, second and majority vote. DATED: January 13, 2004 A'I-FEST: DWIGHT' E~.. BROCK, Clerk / -,. ,? ..,-- - ..../ "Attest as t~' Ckllrmll'l a+.u e ApprOVed as to fOrm and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA/ FIALA, Chairman David C. Weigel County Attorney DCW/kn:h;public;kay;advisoryboards RESOLUTTON NO. 2004-12 A RESOLUT%ON OF THE BOARD OF COUNTY COf4f41'SSI'ONERS OF COLLi'ER COUNTY~ FLOR%DA~ TO REAPPOi'NT MEHBERS TO THE COLL%ER COUNTY CODE ENFORCEMENT BOARD. WHEREAS, Collier County Ordinance No. 92-80, as amended, provides that the Collier County Code Enforcement Boards shall consist of seven regular members and two alternate members; and WHEREAS, the terms of two (2) members will expire on February 14, 2004, creating vacancies on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE 1-I' RESOLVED BY THE BOARD OF COUNTY COMIVlISSIONERS OF COLLIER COUNTY, FLOR:IDA, that: 1. Roberta Dusek, representing the category of real estate, is hereby reappointed as a regular member to the Collier County Code Enforcement Board for a 3-year term, said term to expire on February 14, 2007. 2. Clifford Wesley Flegal, 3r., representing the category of real estate, is hereby reappointed as a regular member to the Collier County Code Enforcement Board for a 3- year term, said term to expire on February 14, 2007. BE 1-1' FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of Roberta Dusek to this Committee. This Resolution adopted after motion, second and majority vote. DATED: .January 13, 2004 A'i-I-ES'?,.:,. DW]~G~ ~ ~RD~K, Clerk ¥ ,-,"";"' ..... 7 '2F Deputy Clerl~ '- s tgn~tur-~ only. BOARD OF COUNTY COMM]:SSIONERS COLE[ER COUNTY, FLORa[DA By: DONNA' F[ALA, Chairman Approved as to form and legal sufficiency: I~avid C. Weigel County Attorney DCW/kn:h;public;kay;advisoryboards 9E RESOLUTTON NO. 2004-13 A RESOLUTTON OF THE BOARD OF COUNTY COMMI'SSTONERS OF COLLTER COUNTY, FLORI'DA, TO APPOTNT AND REAPPOTNT MEMBERS TO THE RADTO ROAD BEAUTTFTCATTON ADVTSORY COMMZTTEE. WHEREAS, Collier County Ordinance No. 97-52 created and established the Radio Road Beautification Advisory Committee and provides that the Committee shall be composed of five (5) members; and WHEREAS, the terms of two (2) members will expire on March 3, 2004, creating vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Dale L. Lewis is hereby reappointed to the Radio Road Beautification Advisory Committee for a 4 year term, said term to commence on March 3, 2004, and to expire on March 3, 2008. 2. Betty R. Schudel is hereby appointed to the Radio Road Beautification Advisory for a 4 year term, said term to commence March 3, 2004, and to expire on March 3, 2008. This Resolution adopted after motion, second and majority vote. DATED: .lanuary 13, 2004 ATTEST: DWIGHT E. BROCK, Clerk " signature ~ApProved as to form ~n~ legal s~ciency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DON N'~F~air~ma n~~ David C. Weigel County Attorney DCW/kn:h;public;kay;advisoryboards 10D VIDEO TAPE OF: OVERPASS ~ AIRPORT-PULLING ROAD AND GOLDEN GATE PARKWAY ON FILE IN THE CLERK TO THE BOARD MINUTES & RECORDS DEPARTMENT RESOLUTION NO. 2004 - 14 A RESOLUTION AUTHORIZING THE ACQUISITION BY CONDEMNATION OF RIGHT- OF-WAY AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND/OR UTILITY EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE GOLDEN GATE PARKWAY / AIRPORT-PULLING ROAD GRADE SEPARATED OVERPASS PROJECT (PROJECT NO. 60027). WHEREAS, the Board of County Commissioners (Board), on May 9, 2000, adopted Ordinance No. 2000-31 therein establishing the (Ninth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Board, on November 19, 2002, adopted Ordinance No. 2002-60 amending the Growth Management Plan by amending the Capital Improvement Element and the Transportation Element of the Growth Management Plan; and WHEREAS, the widening of the existing four lane divided roadway to a six lane divided arterial from Bear's Paw to Livingston Road, including an overpass at Airport Road intersection with connecting ramps between Golden Gate Parkway and Airport Pulling Road (Project No. 60027) (hereinafter the "Project") is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the Grade Separated Overpass was identified as a need in the Metropolitan Planning Organization's (MPO' s) Long Range Transportation Plan since 1993; and WHEREAS, the Project was also identified in the County's Transportation 5-Year Funded Work Program since 2001; and WHEREAS, due to continually increasing traffic volumes on Golden Gate Parkway and Airport- Pulling Road, it is now necessary and it is in the best interests of the citizens of Collier County to expand the capacity of the interchange at the intersection of Golden Gate Parkway and Airport-Pulling Road; and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of altemate routes and locations, the comparative costs of project altematives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the Project is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple title interests and/or those perpetual or temporary easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. Page 2 This Resolution, adopted on this second and majority vote. /3 __ day ,2004, after motion, ATTES,T; DWIOH, T.E. BRO~K, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA D~NA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Page 3 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF~r~a,Y. DP~JNAGE ~XI~. J~[T A At~ UTIETY EASEMENT LEGAL ~ESCRiPT¢.)N FOR PARCEL 101 BEING PAR1 OF SECllgN 26. TOV, NSHiP ,ID SOUTt, =,ANGE 25 EAST, COLDER COUNTY. FLORIDA BEING )~ORE PARIlCOLAQLV OESCR)BEO AS FOLLOWS. COMMENCE AT THE EASI 1/4 CORNER OF SA(O S~CTiON 26. THENCE S.00'2842"W, ALONG THE EAST LINE OF 'HE SOU1HEAST ~/4 OF SA~D SECMUN 26. A DS-ANGE OF 281.79 FEET; 'HENCE LEAVit, IS THE SAID EAST '._;NE. H 89'3: lB ,','., A DISTANCE OF 6800 FEET. TO TN[ POINT OF -HENCE ALONG tHE ~'ESTE~LY Rl.SHl-,gr-~ O:' A~RPOET-PULLING ROAD (COUN~ ROAD 31). ~ RECORDED iN CrFJCIAL RECORDS BOOK 2064. FACE ;,~! Or THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA, ¢OL~OW~NG TWO (2) DESCRIBED COURSES; (1) THENCE S 00'28'42"W.. A D~STANC~ 55 ~G (2) TI4~NC[ SOUTHWESTERLY 104 15 F[[~ ALCb]C THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 5700 FE[~ THROUGH A CEkTRAL ANGLE O~ 89'04'25" AND ~[ING SUBTENDED BY A CHORD WHICH ~[AR~ S45'0()'54"W, A DtSTAHCE Or 9398 FEET. TO A POINT ON THE NORTHERLY ~064, ~AGE I~D7 OF THE ~UBL!C RECORDS OF ~LUER COUNt. FLORIDA; THENCE ALONG -HE SAiD NORTHERLW ~IGHT-CF--Z~,y THE FOLLOWING FI~ (5) DESCRIBED COURSES; (1) THENCE 6g.oo FEET NORTHERLY ~NO PARALL[. WITH CENTERUNE OF SAID GOLDEN GATE PARKWAY, S.5g'33 OS"W, A D:STANCE Or 2635~ FEE~: (2) THENCE N.0O'25'SZ"W.. A DISJANCE OF ICg ,~ ~HCNCE 72 gO FEET NORTHE~L'~ ~ND PARALL[..;'lrH CENTERLINE OF SAiD GOLDEN GATE PARKWAY, S ~g',SO'Ofl"W 'A D~STANC[ OF 40000 ~EEr, (4) THENCE N.OO'2G'D2'W. A DIS1AN3E OF ~.00 (~) ~HENCE 7400 rEEl ~CRTHEffLv ~ND PARAL[.E_ WiTH CENTERLINE OF SAID GOLDEN GATE PARKWAY, ~.8D'50'OB"W, A DJSTANCE OF 1451 55 FEET. TO % ~OIHT ON THE NORTHERLY RIGHT-OF-WAY 0F SAID gOLdEN GaTE DA~'A'AY, AS RECCRI)[D IN crFICIAI RECORDS BOOK 2790, PAGE 17~7 OF ~HE PUBLIC =ECG?OS Or COLLER COUH~, T~=Et-~CE ,",LONG THE SA~D HORTHE~LY ~gHT-CF-v.X~. OF SAID O~FICIAL RECORDS BOOK 2790. PAGE 1717, tHE rO~L. OWI~G THREE (5) DESCPI~ED (~) THENCE N.75'48'~8'W.. A DISTANCE OF 55,55 FEET: (2) ],JEHCE 87 ~1 FEET NORTHERLY nt~D PARALLE'. WiTH CENTERLINE OF ~lD GOLDEN GATE PARKWAY, ~.8~'55'05"W. A LVSTANCE OF 2~57~ rE[T; (5) TH[NC'E WESTERLY AND NORTHWE?ERLv ~!.7? FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE ~O THE ~;GHF NORTH HAVING A RAP;US OF ~0O FEET THROUGH A CENTRAL ANGLE OF 17'44'D5" AND BEING SUBrEHDED DY A CHORO WHICH DE~S N8VO4'5("W, A DISTANCE OF 11.72 FEET; tH[hC~ LEAViN:; 'NE SAID HORTHERLY R~GHT-OF-~VAY, AS RECORDED IN SAID OFFIC~L ~ECORDS BOOK 2790, PACE 17~7 AND ALONG THE SOU]HE~LY UNE OF LA~JD AS RECORDED IN OFFICIAL ~ECORDS BOOK 2561, me, GES 1404 THROUGH 141; OF THE oUDUC ~ECC'RDS OF COLLIER COUNW, FLORIDA, THE FOLLOWING THREE (5) DESC~DED COURSES ~.~) N85'1 ~'21'[., A DISTANCE O~ 7g7 97 FL[r: (2) TH~NC[ r;85'33'03'[, ~ DISTANCE CF 594 88 FEET: ~3) :HSHCE M88'26'28"E., ¢ O~S~AqCE OF 55056 FEE~; NOl'42'22"W. A DISTANCE CF ~54~ FEE-; ~iEt~CEN 8B'!TZS"E. A DiS[AHCE OF t7 ~ 6..g FEE[: THE',,CE EASTERLY 174.78 FEET ALONG lHE ARC CF A T&NGENllAL C[ROU~R CURVE TO TNE LE~ HAWNO RAO,JS OF 165000 ~EE'F THROUGH A CENTRAL ,',kGLE CF 05'04'0g' AND BEING SUBTENDED BY A SHORD ,~,'F, ICH ~EARS N ~5'~5'53"E., A D%fA"~CE OF '74;0 ¢E[T, TO A POl~ OF COMPOUND CURVATURE; 1HEhCE D;ORTHEASTERLY '60 13 FEE: a, LONG ;HE ?,DC CiF A TANGENTIAL CfRCULAR CU~E TO THE -,~,m0 A RAOIdS OF '~0 0O FEE~ ~HD'3UOH ~. C~ ~TRAL ~NOLE OF 8Y24'21" AND BEING SUBTENDED BY A ; 4C';D ,'.!Hr0H ~E,~RS R40'5~'lG'E. * D~STAhCE CF ~45.38 FED, TO A ROINI Or COMPOUND CURVATURE: T;~EqCE 7025 ',%ESTE~LY DHD PAf~AL:_~L .~qfq 'HE CENTERUNE OF SA~D AIRPORT-DULLING ROAD (COUN~ ;GAD 3;). HO~THE~Lv ~97 5D fEET AEONO SHE AEC 0F A T~NGENT~AL CIRCULAR CURVE TO THE LE~ HAVING A q.'~Dl'.S OF 36595~ FEET THROUGH A CENY~AL ANGLE OF 04'0t'29" AND BEING SUBTENDED BY A CHORD ',','H~CH BE~S N.OY~i'57"W. A D.S~;4CE OF 397-5 FEET; YHEi~SE N OS'42'DZ"E. ~ Of E~ANCf OF ~03.Z7 FEET. TO A P01N1 ON THE W%~TERLY RIGHI-OF-WAY OF SAID ,~DDORT-PULLINO ROAD (COUNF ~O~D ~). AS ~;CORDED iN OFFIC'AL RECORDS BOOK ~45, PAGE 95 OF ~bE DUHLIC RECOROS OF COLUER ~OUN~, ~h.E Ai_UK3 T~¢¢ SAID WESTEELY ~',OHY--.]F-¢,A- or ¢~RDORT-DULUNG ROAD (COUNF ROAD ~) THE =OLLOW,NG TV.'O ¢.2) (UESCmDED CC)LRSES); '~) TH~HCE 5000 FEET WESTERLY A;,tD PARALLEL W~'H ~HE CEN~ERLir~E Or SAID A~RDORY-PULLU4G ROAD '0?UH~Y ~OAD ~i). ~.05'45'~8"E, ~ DfS;4NC[ CF A6 98 FEET', LL2) T~ENCE SOUTHERLY 22~.5g rEE~ ALONG *ME ~RC OF A T~NOENT~AL C~RCU~R CU~E TO THE R{GHT ~,,.~'~S ~ R&DiL. S Cr 5679.58 FEET THROL'OF k ~LNTRAL A~IOLE 0F 02'14'00" AqD BEU4G SUBTENDED BY A C~CPD WHICH BEARS S04'¢B'~8"E. A D~STAhC~ ¢ 22~ ~7 FEET, T0 A POINT ON THE WESTERLY mOHT-OF--WAy OF ~RPORT-PULL,f4O ~O~C CCOUR-Y ~OA3 51) AS RECORDED ~N SA~D OFFiCiAL RECORDS · O0¢ 2064, RAGE ~ ~ 51; ]HFNrE. ¢ ALONG ~HE SAID WC~TrD~_ _,.L.v RIGHT-DF-AA- OF AIRPORT-PULLiNG ROAD '[~."JN~ ROAD 31) AS ~ECORDED iN SAID OFFICIAl RECORDS BOOK 206~ PAGE 1~61, THE FOLLOWING TtlREE (3} DESCRIBED COURSES; (;) THENCE 5 02'[0 !2"W, A DISTANCE OF 99.46 rEEl'; '2) 714EHCE S 87'28'42'W.. A D.STANCE DF 9 O0 F~ET; ',3} ~HENCE 6800 FEET WES]ERLv AND PARALLEL W~H THE CENTERLINE OF SAID IRPORT-PULLING ROAD CCOUNTY ROAD 51). SQU]HERLY 296.44 FEET ALO~G THE ARC OF A NON-TANGEN]~ 'L CIRCULAR CURVE TO THE RIGHT HAVING A RJ~IUS 5661.55 ]HROUGH A CENTRAL ANGLE OF 05'00'0.; ,¢~0 BEING SUB~ENDED BY A ClIO~D WHICH BEARS S0]'O]']8"E., A DISTANCE ¢ 296 40 FEET, TO THE POLK" (¢ BEGINNING; CONTAINING 2~9,564 SQUARE FEEl, h[ORE DR LES2 s~:c~ ,~ ~SC~,.~,ON O.L'r Page J of~ flOI A BOIJHOARY SURVEY --~ . SKETCII & )ESCRIPI'~O,N CF: PE]~.PETUAL NON-EXCLUSD.'E ROAD P, IGHT-r)F-;¥Ay, I~RA[NAGE AND UTILITY EASEMENT COLLIER ('OUNTY, FLORID4 .AGENDAJTEM JAN 1 ,, SKETCH ,"x DESCRIPTION ONLY I'~! ..... ~-I NOT A BOUNDARY SURVEY GOLDEN GATE PARK',~'A'f IMPROVEMENTS SKETCH & DESCRIPTION OF: FERPETUAL NON-EXCLUSIVE ROAD RIGI-IT-OF-~AY, DI!AiNAGE AND UTILITY EASEMENT COLI,IER COUN'FY. FLORIDA IOD JAN 13 PERPETUAL, NON-EXCLUSIVE RIOAD RIGHT-OF-WAY. DRAJNAC_M~ AND U'DUTY EASEMENT LEGAL L-'ESCRiPTIOt,. FCR PARCEL 10SA BEING Pr, R[ OF SECTION 26, 'DWI'4S~ItP 49 SOUTH. ~At`/GE ;'5 EAST, COLLIER COUNTY, FLOR!DA BEING MORE mAR',qCULARIY 3ESCR~BED AS FOLLOWS. COMMENCE Al TI~E EAS7 1/'4 CORNER OF SAiD SEC[ION 26; THENCE S.00'28'42"W. ALONG THE EAST LINE OF "ME $OL'THFAS1 ~,,/4 OF SA',D SECT!ON 26. A D[ST/'.I~CE OF 54581 FEEl; ~HEh~CE S./39'53'05"W.. A DISTANCE C,F 510.30 ZEET. TO THE PO!J'`/I' OF BEGINNING AND '0 A POlE.IT LYING ON '~E SOUTHERLY RIGFT-OF--WAY OF OD'_PEN CATr-.~ .'-"-\RKV,/Ay (COUNTY ROAD 856) AS RECORDED iN OFFICIAL RECORDS BOOK 2~9'~. :'AGE 583 OF THE PUBLIC R~CORDS OF COLLIER COUNTY. FLOR!DA; ~ENCE LE,z',\;ING THE SAID SOUTHERL'r ~,GFT-OF-.~,,,Y, S DO'26'52"E.. A DISTANCE OF B.OO C'EET; TF;ENCE S.~9'33'08"W. A DtSTANCE OF ill37 rEEF: ~HENCE S,~9'33'C8'X,¢, A DISTANCE ,OF' 548.20 7RET. 'rD A ~OiNT ON THE WEST LINE OF' LAND .AS RECORDED ,',l @~-F!CrAL RECORDS 90OK !~D3. F.a. GE ~85,t OF ]-~E PUB'..{C RECORDS OF' COLLIER COUNTY. FLORIDA; -NEt,iCE ALO'JG T'~E SAID WES[ LINE, ~'~ '" "~o"- ,, O0 ,~8 _, :. A DeSTANCE OF '; 1.00 FEET. TO A PC',NT ON THE SOUT~IERLY RIGHT-OF-V/AY Of GOLDEN ,gATE ~'f.P,k~',~¥ f~COUNTY ROAD 8]]6). AS RECORDED IN 0FFICI~L RECORDS ~OOK ~20. PAGE 247 OF THE PUBLIC ~E ~0q'.'2S 9r COLLIER COUNTY, FLOR[DA; ~HEHCE 5'3.00 FEET SOUTHERLY AND P~RALLEL TO -HE CEN'ERL!HE AND ALOHG "rile SOUTHERLY RiGHT-OF-WAy 0F 3OLDErq GATE PARKWAY (CCUN'rY RO~D 8.85), AS RECORDED Iht SAID 0FF"CIAL RECORDS DOO~< ~2L). r:'AOE 2.47, LI.]g'3$'0§"E.' ,',. DISTANCE 0-- :2.06 FEE'r; ~HENCE ALONG Ti-iR SOUTHERLY RIGHI'-OF-WAY OF' 'gOLDEN G~TE PARKWAY (COUNTY ROAD 886). AS RECORDED r:7 OFFICIAL RECORDS [::JOOK 955. P'~GE ~-5~ OF 'HE PUBLIC RECORDS OF' COLLIER COUNTY. FLORIDA. THE FOLLOWtNG 1HREE (3,) DESCRIBED COURSES; r, 1) THEr'~CE S D7'2T40"E , A D STAN,CE Of" 95 ~6 (2) THENCE DSO0 FEET SOUTHERLY AND P^RALL~'L rD SAID CENTERL~NE. ~'J.8.9'35'08"E. A DiSrAN,CE OF ~6>_' O0 FEET - !.~) TNEr,3. E r,' 55'4T17"E., ,'~, 0{STANCE ,DF- 75.'6 PEET. SAgO O~F}Ci-~L ~EC,',,'F, 0S E~OOK ~20, UAGE 247: 'HEHC£ 5000 -'ER'" SOUTHERLY AND ~'~RALLEL ~O -~£ 3AID CE~';TERLIHE AND ,~LOI',IG ~-IE SOUTHERLY '~',z.~, Ci_OF_..Ay r.r~, $OL.?EN C, ATE F'ARK:'.'AY !COUN!,Y R,.,-D'~' 586). AS RECORDED ir,/ SAiD CFFICIAL RECORDS ~OOK ]20. RAG_c 2,¢7 N.BB'3ZCOB"E. A DISTA~,,CE O-- ~055~ CEET; -~-'E~CE ~,LC'~$ TH~' S©LIT{£RLY R{G!;T-DF-WAy, ~.G RECZ;~,~ED IN SA~O OFF{C{AL RECC'-'q',~S ~OC'K 2!94. PAGE ~"~'~ .... '-~E r~LL"Yv,'~O ~Rr~_~ (S) DESCRibED .... _0 ~_.-._, ~.i.) TI~E~.,CE S 00'26'52"E. A 'D;STAHCE OF 4 Or3 '.2) T~- Er','CE ~r_ O0 FEET SOUTHERLY' Ar.'g PARAL_EL ~3000 F~ET; ........ A ?STANCE OF [13) THEFICE ~,~Z'CS']O"E., A DISTANCE CF 75 79 'ER?, -0 't4E :'O!NT OF' BE~,;iNHIHG: CC~rAI-4rr,C ~'.'3~0 S',~UARE FEET. M'ORf:: OR LESS SKf.[Ctl k DESCRIPT!ON ONL'f NOT A BOUNDARY SURVEY SXHI T ~age ~ 'of, SKETCII & DESCRIPTION OF: PERPi'~TUAI,. NON-EXCLUSI..,'E ROAD RIGHT-OF-WAY, I>RAINAGE AND UTII./TY EASEMENT COLLIER COUNTY. FI,O}!IDA 00,5,6 26 49 125 'ONE [ 5-''-03 OF 2 iOD EXHIBIT GENERAL NO'rE ~_ = BASELINE SECIlON 25-49-25 SECTION 26-49-25 ~ow PER O R BOOK EXHIBIT Pr ~ Page..__.~ of I~, I SKETCH ~ DESCRIPTION ONLY '~, NOT A BOUNDZ~RY SURVEY R*~HT- CF- WA'~ PERPETUAL. NON- EXCLUSIVE ~, ~ROAD RIOHI-OF-WAY. DRAINAGE -/ AND UTILt~ EASEMENT / // PARCEL 103A 1,C30 sa ft ~L7 GCLDEN OA'I'E P^RI(WAY IMPRCVEMENTS SKETC!I & DES~RIPTION OF: PEP, PETU^I.. NON-E×LLU~I,'E ROAD F. IGIIF-©F-;fAY, DI~AINAGE AND UTILITY E^SEM£NT PARCEL ;03A COLLIEE COUNTY, FLORIIJA REV!SON ~rCliON I Towqs~p J PA,~Or I sc,LE j · 25- DATE DRAWN PJY FiLE NAME I SHEET REC Ot -O0t5SK]03AJ I O? 2 IOD EXItlI31T A PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY. DRAINAGE AI~) UllLITY ~ LEGAL DESCRIPTION FOR PARCEL 1C3B BE!NS P..',.~T OF FEC'F.;h~ 2G. 'rOO'NSkl'2 49 SOUTH, ~'A"JGE 25 OAS% COLLIER COUNt, fLORiDA BEING MORE PART~CL'LARLY DESCR'9[D AS FOLLOWS COMUENCE Al iHE [ASI :/4 CORNER Oc SA;D SECTION 26; :HENCE S(3'28'42"W ALONG ~HE EAST LIN~ OF THE SOUiHEAST ~/4 or ~AtO SECTION 25. A D'SIA'.ICE OF 633.27 FEET; THENCE LEAVING ~E SA]C ~AST LINE, H,89'31'~8"W., A DiSIANCE OF 50.00 FEET. TO THE POINT OF ~EG~NN~NO AND TO 4 mO~'~ ON THE WESTERLY PLC~T-CF-WAY OF AIRPORT-FULLING ~OAD (COUNTY ROAD 51) AS ~ECORDED :U OFFiCiAL RECORDS BOOK 120. P4G[ 247 OF THE PUBLIC ;ECORDS Or COLLIER COL'N~, 7LOR~DA; ~HENCE LEAVING TN{ 3~D WESTERLY R~GNT--OF--/VAW CONTINUE NBB'31'lS"W., A DISTANCE OF ~500 FEET; ZHENCE ~500 FE~ WESTERLY AND PARALLEL TO THE SAID EAST UNO, hL00*28'42"E.. A DISTANCE OF 40OO ~EET: THENCE 'J.}4'31'lB'W, A D~S1At;CE OF 54 ~2 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF GOLDEN SATE PARKWAY {COUNFY ROAD ~S6), 4S ;ECORDED IN OFFICIAL RECORDS BOOk: 2194, PAC,E 583 ;HE PUBUC RECORCG OF COLLIER COUNTY, FLO~ICA: D~ENCE ~LCHG THE SAID SOUTHERLY RiCNT-OF-WA~ 7HE FOL'.OV,'Ft~G ~WO {2) D~SCRIBED COURSES; (~) THE~CE NGB'33'CS"E A D;S~AHCE OF q.95 OF 40.83 CEE7 ZNRCUOH A CENTRAL ANGLE Oc 9C55'35" AND ~UrqO SUB]ENDED BY A CHORD W~ICH S 44'5205'C. A D,S'aHCE OF 58.21 CECL TO TI-iE ~;A~D WESTERL~ :HENCE ~bO~4O THE 5A~D /fESTERLY RIGI,:-OF-,'/A~. S D0'2642'M, A DiStANCE OF 4415 FEET. TO 1HE POih~T Cr ~EGfNN:qO, CONTA:N¢~O '.C-',]5 SC._~:,RE FEE~ MORE OR LESS SKETCH & DESCRIPTION NOT A BOUNDARY SURV[! EXHiBiT CCI.DEN GAlE PARKWAY IMPROVE,V, ENTS SKEI'Ctt & DESOF. IPTION-CF: PERPETUAL, NON-EXCLLISI\:E ROAD RIGItT-OF-WA'f, })RAINAGE AND U'FINTY EASEMENT PARCEL 1 r)3B COLIJEI{' COUNTY, FLOIUDA FiLE NAME 01 -OO15SKlO3B ISHEET 2 or 2 zOD AG~'~TEM JAN ",,,',,,,, ~, '\ EXHIBIT A / '~ ~ ~ ~ , / EAST ~/4 COR ~ ~ ~ ~ ~ ~ - ~SEUNE ' // ~ ~ ~'t ¢~PI 104+5147 k' ~ -- , .~ L1 ~S~,~EY ~ }// AIRPORT-PULLING ROAD SECTION ~-~ ..... ~ ....... ,--~--~---- I ' ~ -- - ~ '~oo~o~ ~*.m oo~;o~A~ ~+~o~ ~ ~+zm oo*~ol SECTION 25-~g-25 ~qj ~ ~PERPETUAL. NON-EXCLUSIVE~ t~ ~ ~, ROAD RIGHT-OF-WAY. DRAINAGE k~ ~- ~ AND U~ILI~ EASEMENT ~ ~ ~ PARCEL 105B EXHIBIT ~ ~age_ ~_~. of.,, SKETClt & DESCRIPTION ONLY NOT A BOUNDARY SURVEY RIGIIT-OF-WAY, DRAINAGE AND UTILITY EASEMENT COI,LIER COUNTY, FLORII)A m(J41)~g.15~ F.a(941)64~-TOS6 SCALE {)ATE O1-00~5 50' 5--1 I-O3 ~EC I 0~-OO~SSK103B I I Or I 101] JAN I 3 2;2~ j I !! 1/ I{ EXIIIB1T A ---___ ~ ~'¢¢--- ~, / ':~:=,; ,~ ' ~:~ ~7;s [~s21 ~5'¢0'q' [s*s'~o'sT"wL LEGAL D[SCR[PT{¢N FOR PARCEL 104A DE~r~G ~xql 3F SEC~:O~ 25 70WNSH,P ~9 SOL;TH. RANGE 25 EASt, COLLIER COUNt, FLORIDA BEING MORE PARDCDLARLf DESCRIBED AS FOLLOWS COM~dENCE AT THE W~SI ¥4 CORNSR OF SA~D SECTION 25; THENCE NHg'34'38"E. ALONG THE NORTH LINE OF T~E SOUTH ~/2 OF SAID SECTI0N 25, A O',STANCE OF 143.1~ FEET, TO A FOINT ON TN[ EASTERLY UNE OF LAN'3 &S R~C(?g[0 ~N OFFICIAL RECGR9S BOO~ 87~, ~AGE 1879 OF THE PUBLIC RECORDS OF COLLIER DOUr, r FLOR;DA: ~HEr]cE ~OtiTF~ERL'K ALONG THE SAID EAgTERLY ~NE 0F LAND, 2501 FEET ALONG 'HE ARC 0F A NCH--A~ 3E J[~,L g;RCU~.R CURVE TI~E ~GNT ~L~'v']NG A RADIUS OF 58795~ FEET ]HROUGH A CENTRAL A,NGLZ UF 00':4'37" AND BEING SUBTEK:3EO ~¢ A CHORD WHICH BEARS S.02't0'05"E. A DISTANCE OF 25.01 -:tT TO A PO'h:T CN THE SOUTHERLY L:r.~E OF ~OOO TOOT WIDE FPL EASEMENT AS RECORDED IN OFFICIAL ~ECCRPS BOO.' ~55, ~AG[ ~45 OF COLL:ER ~JNTY, FLORIDA AND BEING THE POINT 0F BEGINNING; ~HENCE ,~,~C~G T~E SA'D SOUTHERLY UNE. N89'S4'3E'E. A DISTANCE OF 21B0.11 FEET; 'H{qCS FA',iN3 ~HE SND SOUTHERLY LHE. S0~'3009"E. A DgSTANCE OF B606 FEET, TO A POF'JC FEET f'~O;;[~t.~ OP 7HE ~O~TNERLY ~tGHT-C'F-¢/A'~ OF GOLDEN GATE PARKWAY (COUNTY ROAD 886) AS RECORPEU ~ ~)FF'C:AL ~ECORDS BOOK ,;55. PAGE 275 OF THE PUBLIC RECORDS OF COLDER CCUNTY, ';~?JGE 40C0 ;?ET ~ORTHERLY AND PARAkLEL Dr 7~E SAIO NORTHERLY RIGHT-OF-WAY. RUN WESTERLY THE F'OtLO','~f.:G ;OL'R (4} ~ESCRIEED COURSES; <~) T;IE~'.CE b{S~[~LY 14665 FEET ~LOI'JG TF~[ AmC DF A NON-TANGENTIAL CIRCU~ CUR~,E rD THE LEFT 4AVING A q,~9 JS CF 3909 72 FEET 7*~ROUGH A CENTRAL ANGEE OF 02'08'57" AND BEING SUBTENDED BY A C[~ORD 7:iUCH ~E~,RS N.89'25'41'W. ,~ D~STANCE OF ~4664 FEET; z) T~[I.CE 5 ~'2~'5~'W. A O~SFANCE >r ~24~ 60 FEE[; '~) TPEtd'SE SCU'q',VESTERLY 404 15 FEET ALONr; THE ARC OF A TANGENTIAL CIRCU~R CL~RVE ]O THE LE~ l~AvU.~: A R,N~'L$ OF B4000 FEET Tt~ROUGH A 3[NIRAL ANGLE OF 2T34'00" AND BEING SUBIENDED BY A ~[CPD :,'~ICH BE"RS S.75'~2'51'W. A D~STANCE 400.26 FEET; :4) T~EkCE 3~V5551"W. A D~STANCE 2r 294 ~5 '5) r4Er', E SOUTHWESTERLY ~57.!9 FEET AL0taG THE ARC OF A TANGENTIAL CIRCULAR CURVE ~O THE RIGHT ,tAr:NO .A ~AD!US OF 339.32 FEE1 iNROdGH A DENIAL ANGLE OF 26'30'12" AND BEING SUBTENDED BY A UWOFD ".HICN eEr,,RS S75'10'57mfl. A D~STANCE ~$5,79 ~EET. TO A POINT 0N THE SA~D EASTERLY L~N[ OF THEtJCE Aid)NC THE CAI0 ~ASTERLY LINE OF LAr D, THE FOLLOWIr~ TWO (2) DESCRIBED COURSES; {1) THENCE N 00'28'42'E., A DtSTANCE OF ~0755 FE~; ~2) '!lEt. CE NO~T~ERt.Y 259.08 FE~ ALONG ~NE ARC OF A TANGENTIAL CIRCULAR CURVE ~O ~HE LE~ uA7~rJG A RADIUS OF 5879.58 FEET -HROUOH A CEN]RAL ANGLE OF 02'31'29" AND BEING SUBTENDED BY CHORD WHICH BEARS N 00'4T02"W, A DISTANCE 259 05 FEET, -:3 ~HE POINT OF BEGINNING; ,3ONTAUi,riG 500,719 SQUARE FEET, >.<ORE OR ,_ESS. EXHIBIT CONIAIHIqG 690 ACRES. MORE OR LESS. SKETCH &DESCRIPTION ONLY ~ - . NO~ h ~OUNDAR~ SURI,'[Y scAI~: 400' Page "7 of/'(/ GOLDEN GATE PARI<W^Y IMPROVEMENTS SKETCIt & DF;SCI~.iPFit!N OF: PERPETUAL, NON-EXCLUSIVE IlOAD RiGiIT-OF-~VAy, I)RAIb'AGE AND UTILITY EASEMENT PArCEl, 104A COLLIER COUNTY. FI.ORIDA 'B NUMBER J RE,"S~Of,: 5~CTIO~ IOWNS*~P ~ANGE SCALE _~gl5 T6J 25 4g 25 !"= 'iCO' FILE NAME J SHEE'T O!-0015SK 104AJ 1 OF I 0il No,_ lxj Ld I OERPETt;AL. NO~-EXCLUSI\E ~ 7 Z"'~.-~Z.- - ~,' PARCEL t041~ ~._~_~. COMMENCEMENT L8 CZ ~ROPOFED ~ 0~ HN.~A~ FART[N[RSHJP OR 2501/12~6 ' u 3o0 _,J_oo SKETCH & DESCRr~T~ON ONLY ~._.. Bmj~k,~ NOT A BOUNDARY SUPVEY OR 250~/1216 LEGAL ~ESCR~PIION FOR PARCEL ~04B BEING mART ~c SECI!CN -~c TOWNSHIP ,:~ SOU'IH, ~ANGE 25 EAST, COLLIER COUNt, FLORIDA BEING MORE PART;CULARLY DESCPiBED AS FOLLOWS. COMUENCE AT ~HE E,~I i/~ COR~E~ 0~ SAiD 3ECHON 25; THENCE S89'34'38"W. ALONG IHE NORTH UNE L)F -HE ~OLPH I/:2 cdr SAG SECTION 25, A DISIANCE OF 93~.68 FEET TO A POINT ON THE WEST LINE OF FLORIDA Pg',VER AND ~:o~r COLLIER SUBSTAIION AS ~ECORDED !N OFFICIAL RECORDS BOOK 1067, PAGE 1973 OF THE PUBLIC RE'JC~RDS OF COLLIER COUNt. FLORIDA; THENCE ALONG THE SA~D WEST L~NE. S00'22'15"F A DIS]ANCE OF 352.25 FEET. TO ~E POINT OF BEGmNNING. ~" THENCE C~N:INUE S ~0'22'~3:'[. A D~STANCE OF aCD0 FEET. TO A ;OINT ON THE NOrTHErLY ~IGHT-OF-WAY OF ?~LD?t t~T~ PARKWAY {COUNTY RO~-D ~86) AS ~ECORDED ~N OFFICIAL RECORDS BOOK 465. PAGE 275 OF ~F*E ~ :BL:C RECORDS CF COLLIER COUN~.'FLORIDA; THENCE ALONG THE SAID NORTHERLY RIGHT-OF-WAY, TFIE FOLLO'.','F:~ FIV~ S) DESCRIBED COLRSES: 'C]) ~HE~,;CE S Bg'3}'36"W, A D'STANCE CF 222.'2 :RET; {2) ~HENCE NORTHWESTERLY 78540 ~EE~ ~LONG THE ARC OF A TANGENTIAL C~RCU~R CURVE TO THE R{GHT '~AV:r4,: A qAD~U$ CF 37G9 72 :ERY '~ROUCH A CEN]RAL ANGLE OF i~'56'14" AND BEING SUBTENDED ',}) ~NENCE 'J 78'33 og'v,,'. A D~STANCE OF ~54.68 FEET; ~) ~"E~'~CE ';~RTI~.','CSTEPLf AND WESTERLY 8~0..17 FEET ALONG THE ARC C'F A TANGENTIAL CIRCULAR CURVE TO :F:r L[~ HAVI/.;G A RADIUS OF ..~6_ 7z F~rT ~IIROUGH A CENTRAL ANGI_E CF 12'00'00" AND BEING S!';~TENOE~ GY ~ C'HODD ~,'~*CH BEARS :'I 84'30'09"W, A DISTANCE OF 808.99 rEEl; ~5) %'E.',CF S ~'2~ ~': ",',', A DISTAHCE CF 808 z,,~ :EST, TO THE ~STERLY LINE OF RIGHT-OF-WAY AS RE2CROED 'K: ~FFIC:A[ RECORDS BOOK 2054. ~AGE 1162 OF THE PUBLIC RECORDS 0F COLLIER COUNTY. -F.~CE V~LY~ ;tie ~lD ~'~ST~RL~ LINE, NOO'30'Og'W, A ~S~A~CE OF 40.00 FEET, TO A POINT LYING 40.00 rEEl N~q;~;~RLY OF SAID '~OR~ERLY ~V3HT-OF-WAy; THENCE 40.00 FEET NORTHERLY AND PARALLEL OF THE SA;D NO~-~E~LY ~4;-OF-'/~AY, ~IJN ~ASTERLY FHE FOLLOW~NC FIVE (5) DESCRIOEO COURSES; ~) 'HE,CF ':~9"2931'E.. A DISTANCE OF 808~4 FEE[; {2) ~NE'~CE :L~STERL',' AND SOL'ZliEASTER?' 8~B 85 FEET ALONG THE ARC OF A TANGENTIAL CtRCU~R C~RVE TO TI,E ~iG~T H&~:NG A RAOIUS OF 29D972 FEET FHROUGH A CE~RAL ANGLE OF 12'00'00" AND BEING S~]c',nr ~ =~ A ,2~O~D WHICH 9EARS S.84'30'Dg"E.. A DISTANCE OF B17.55 FEET; (5} TI~EF, c~ 5 78'32'09'E. A DJS]ANCE OF 554 Z~ FEET; (4) ~HEHCE SOUFHSAS:ERLY 777.07 FEET ALONG ~NE ARC OF A TANGENTIAL CIRCU~R CURVE TO THE LEFT HAVING A RADIUS OF 372972 FEET ]HROUGH A CENTRAL ANGLE OF 11'56'14" AND BEING SUBTENDED BY A CItORD 'ZPC~ BEARS S,B4'28'!7"E., A DISTANCE OF 775.66 FEET; (5) Ti~EtiCE ~, 89'55'36"E., A DISTANCE OF 222.17 FEET, TO THE POINT OF BEGINNING; ~Ot~TAff4tN(; 272 ACRES, MORE OR LESS. ~ ~ Page~ SI<ETCH & DESCRIPTION OF: PERPETUAl,. NON-EXCLUSIVE ROAD s~~ R1GIIT-OF-.W/¢y, DRA|NAGE AI4D UTILITY EASEMENT PARCEL lO41) 3050 NORTI{ XORSE~HO~ DR~F. SUrE 27~ C()AIER COUNTY, FI,OHII)A ~h.(94))649-tSt~ Fax(gaI)~9-TU56 10O · 'le,~.-'~,~ ~ ' ~---:-~ ~-~-~r .... ~ , , LEGAL DESCRIPT!ON ;'CR ~ARCE! 105 UEihO =ART Cr SECI~CN 25, :OWNSWIP 49 SOdTH, ~/~( 25 EAST, COLLIER COUNt, FLORIDA BEING MORE P~R'hCULARL'r 9ES~;SLO AS FOLLOWS CCVL,E~;CE A; 'HE ?,es' ],,4 CORhEE 2F SAD 3LCru. Y~ 25; THENCE N.Bg'34'58"E ALONG ~HE NORTH LINE OF :HE SOUTH ~/2 OF SAID SECTION 25, A DISTAr~CE DF 1141.27 FEEt: 'HENCE LEAVING ~I~E SAiD NORTH L:NE. S00'25'22'E. X DISTANCE OF 259.98 FEET. TO A POl~ ON THE SOU7HERLh RIOHT-OF-WAY OF GOLDEN OA'E PARKWA~ (OOUNTY ROAD 886) AS RECORDED IN OFFICIAL RECORDS DOOR 455, PAOE 275 O[ THE PUBLIC RECO~S OF COLLIER COUNt, FLORIDA AND BEING THE POINT OF BEGINNING; Th[NCR ALONG THE ~AFO 5OU[HER[~ R,gH'-0F-WttY, ]~E FOLLOWING FIVE (5) DESCR:BED COURSES; (!) TPENCE '~9'E9'51"~.. A OlSIANC[ 3F ~046 47 (2} ;HENCE E~S~ERLY AND SOUTHEASTERLY 789 53 FEET ~LONG THE ARC OF A ~ANOENPAL C~RCULAR CURVE TO '~i RIG!~T HALgNG A RADIUS OF 376g"2 FEET :~'~,)ttOH A CENTRAL ANGLE OF ~2'OC'C0" AND BEING SUD;E~D[D BY A CHORD WHICN BEARS 584"30'Cg"E, ~ D%fANCE OF 78809 3) '~ENCE S 78'30'Og"E. A DISTANCE 33,: 58 ,4) :H?,;CE $CLt~HEASTERLY 396 2.1 FE~T ,ALOt!G 7HE ,'~C Or A TANOENT!AL C:~CULAR CURVE ~0 THE L~.F~ ~AVi'~O A R~,DIUS OF 3869 72 fEET T~iROU(;~I A CSN~R;,I. ANGLE OF 11'56'14" A~D BEING S'JDIENDED DY A CHO~D WHIC*I DEARS 584'28':7"E, A D~S]ANCE Cr F3~.LB FEET; (5) '~E~CE f,~ 8~'35'56"E.. A D'SIANCE OF Z94 25 ~kEI,~CE LEASING THE SA;D SODTHERL~ RiG~T-O; ,,'.'A~ 300'26'24"E., A DfSTANCE OF 40.00 FEET; ~,qEI(CE 40/20 FEET SOUTHERLY A::3 DA~A_LEL TO '~E THE SAID SOUTHERLY RiGFI-OF--WA'Y, RUN WESlERLY THE FOL'_OW~3 FLE TS} DESCRIBED god,GEE: (~) THENCE SS733'35"W. A OSTANCE 0r 2P425 cEE- (2) -~ENCE 514 D7 FE~ ALONG THE ARC 0F A 7ANOE'JT:,',L CROULAR CURVE TO THE RIGHT HAVING A RADIU~ 0r }909.72 FEET TH~OUGFI A CENTRAL AN~LE OF '"D7!4' AND BE;NO SUBTENDED DY A CHORD WHICH 9EA~S N 84'2D'~7"W. A D~STANCE OF ~13 'O FEE1 (3) -HE*:CE N.78'}O'OD"W. A D:STANCE 331.38 FEEl; (4} ;NENCE NORTHWESTERLY AND WESfERL¢ 78!.~5 FE]T ;,LONG THE ARC OF A TAfJOENTIAt_ C!RCU~R CUR~E TO %~E LEFT 14AVff, iG A RADIUS 0r ~72~ 72 FEE] ~HROjGN A CENTRAL ANGLE OF !2'00'00" AND BEING SUB}ENDED DY A CHORD WHICH DEARS !434'~0'09'W. A DISTANCE OF 779 72 FEET: (5) T~JENCE ~.89'29'5~"W. A 9iSTANCE Or '046 47 ;E~, ~0 THE ~STERLY RIGHT-OF-WAY. OFF!C~AI_ REC0PD3 BOOK 2064. PAGE ~64 OF I~,E F'~LIC RECORDS OF COLLIER, COUNTY, FLORIDA; THENCE ALONG rPE SAID EASTERLY RlOi4f-?F-WA% ',~C0'DO'0g'W., A DISTANCE OF 40.00 FEEL fO THE POINT DF BEGINNING; CONTAINING '30,834 SQUARE FEEl, ~,t0RE 39 LESS CONTAhNINg 3 00 ACRES. MO~,[ OR LESS SKETCH & OESCRIP11ON ONLY NOT A ~OUNOA.~,y SURVEY '' SC^LC EXHIBIT ..X._-of., GOLDEN UATE PARKWAY IMPROVEMENTS SRETCII & DE'SCRIPT]O~ OF: PERPETUAL, NON-EXCLUSI"E ROAD RIGI{T-OF-WAy. I)RAINAGB AND UTILITY EASEMENT PARCEL lOf) COLI.IER COUNTY, FLORIDA · -Og~5 1~ . 25 43 25 I = ~C' 5-17-03 FILE NAME I SHEET 01-0015'qK 105I I OF LEGAL DESCR~F'I:CN FOR ;)ARCEL 901A BEING P~,R? OF SECTION 26, "OWNSW~P ~9 3OUl'h, RANGE 25 EAST, COLLIER COUN'~, FLORiDa 3~'J'~C 'dORE I~ART[CUL~RLY DE~CF<iaFD AS FOLLOWS. COMMCNC[ AT ;HE EAST ~/4 CORNER 2F S/,~D GECTION 26; THENCE S.00'26'42"W., ALONC: 'IME F.c- '_:N~ ~F q'"Ul~'',:- _..~:~ THE ...... .,~, i. CF SAID SECTION 26, A DIST&NCE OF TIiENCE t_EAVU, I3 :'HE :SAil3 EA3T LHE '~.~2'3!".3'"W, A DISTANCE OF 73.05 FEET, TO THENCE SCbTHCRLY ':0.00 FEE] ALONG -I~E ':~RC ,2F A NON-]ANGENT1AL CIRCULAR CURVE rO -HE R~GF~T H~WING A RADIUS OF ~'5~9 3] FEET THROUGH A CENTRAL ANGLE OF 00'06'04" v,~l) SE[NG 5UBfEN~')CD 2'e ,'~ CHORD WHICH BEARS S01'~6'26"E., A DISTANCE O[ ~0.00 FEET. THENCE 3 ~8'43'}4"W, A D~Si,",.NCE OF '.3.20 :EET. rHEt,:CE t~.,3~'~,5'2~'W, A )IS:&',~ZE O~ '0:33 FEET, _ ~' ' FEET. ~'HEr',CE '~R~'4~'~,~''~. .. ..... , A u'S,..-,,~..[ OF 500 :0 POdqT L~F BEGINNING; ...... .,, : :,n q,",u'~R[- FEE'r. .~"~: .? SKEIL:,I & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR COLLIER CO,Jr,'TY GOVE/?I4M£1' T ,3OARO OF L'0UNI'~ COMI.3'ES;UN£RS EXHIBIT Page iff of_~ SKETCI! & DESCRIPTIgN OF: 5' X 10' WiDE UTILITY EASEMENT COLLIER ,.~..,,..,..uuW(.l, FLORIDA 01-O015 16 J 25 49 25 NONE 5--I 1--03 REC O~-OOISSKgO1A 2 OF I OD AGENDAJTEM No.__L'O JAN 1 3 20g I EXHIBIT A n..~.~.[~'~5c[!';[' !ii JJ ~ ~COMMENCEMENI I ~O' W~ ~ sot ~ .~.t~ soo ~-~e. ~ ~ 'tl~ t [ASl ~/4 CO~ ........ .......... i~ ~r- ,~ --~... ............. UTILITY EASEMENT ~]--~-~ ~ I _ PARCEl 90~A , .~ _z ~ , ~' ~j~ ' ~ / I --' I '.~ ~ t aI - - ' "-- I ~/ /'%~ 0~''' GOLDEN GATE FARKWAY u m I ~ i -- { } GENERAL NOIE 'j L3 I S~8'4 ~'~4"W . ~]' ~0t'' ~'26''w m iI SKETCH & DESCRIPTION ONLY NO[ A BOUNDARY SURVEY EXHIBIT GOLDEN CATE PARKWAY ]MPROVEMEN'rS SK~-I'CII & DESCRIPTION OF: 5' X 10' WIDE UTILI'r'~' EASEMENT PARCEL 901.4 COLLIER COUI'ITY, FLORIDA NIUMBER I R['"'tSION J SECT,ON ,OWNSH,~ I aANGE J SCALE S-ii-D3 I ~EC I 0~-O0~SS~90~A , OF 2 iOD "~='~G EN6A. LTEM JAN 1 3 20Oq EXIIIBIT A LEGAL DESCRIP'iF.)N FOR PARCEL 90lB ~[d'.iO PARi O,:' SEC'!ION 25, TOWNS~I~ 49 SOUTH, RANGE 25 EAST, COLLIER COUNIY, FLORIDA E~Elr.~o N,~ORE ~ARr:CULA~LY DEECRI~ED AS FOLLOWS COMMENCE ,~f THE EASE I/4 CORhEF CF SAiD SECTION 26; THENCE N.Ol'Og'O7"W., xLOHO TNE E,~sr '.JNE OF TH': ~,iORTHEASI i/4 OF SAID SECTION 26, A DiSTA~ICE OF 383.97 FEET: WHENCE LEAVING rile SAID EAST L~NE, S ~¢5'50'5.5'"W., A DISTANCE OF 77.79 FEET, TO A :CINT CN THE ~&'FSTERLY RIO~tT-0F-WA~ )F AiRPORf-PULLING ROAD (COUNTY ROAD 31) AS r~ECOqDED ,N OFF~C1AL RECCRDS BOOF ~45, PAOE 95 OF THE PUBUC RECORDS OF COLL',ER ('OUN]Y. ~LORIDA AND ~EINO 7HE POINT OF ~EOIHHINO; -HENCE .*,LONG "aK ~AID 'A'ESTEmLY [?rG~,T-OF-¢AY, 5.05"45'18"E., ~ DISTANCE OF i0.00 FEET; T~ENCE LEAVIf~O -~4C 5AID WLS;ERLN re!OcT--OF-NAY, S84'14'42"W, A DISTANCE OF !420 =~EI';CE H 0745'~8 V,.. & DrS ,,h/CE Of ~C ~0 FEET; '~ENCE ;'i 5'F'4'42'E. A DiSTXNCE OF ~4 20 FEET. TO THE POINT OF SKETCH ,~ ['[SC"),,IPItON ONLY NOr A BOUNDAFf SURV£Y EXHIBIT Page._~"of C-OI,DEN GATE PARKWAY [MPROVEMENTS SKETCH & DESClilP'rlON OF: 10' WIDE UTILITY EASEMENT PARCEl, 901B COI,LIEI: COUNrY, FI,ORIDA , 0'--00,5,6 126 I 49 I 2s ~ ~'ONE :NDEX 01-0015sKgO1B OF 2 5-11-03 ~EC I 2 lOO JAN 1 3 EXHIBIT A ',O' WIDE UTiLiZe EASEMENT--~ ',_6 i PARCEL 901B ~\, SK£TCH &DESCRIPTtON ONLY NOT A ~,OUI,IDARY SURVEY GOLDEN GATE PAF. KWAY IMPROVEMENTS SKEI'CII & DESCRIPTION OF: I0' WIDE UTII,ITY EASEMENT PARCEl, 901B cou.m., coum'¥, ~'LOmDA )O,S:~ I ' I ;~ I "~ j :s J ..... ~o' 5-~-03 I REC I O{-O0~SS~<°,O~H ~ or 2 IOD EXI-IIBIT A LEO--At. DESCRiPi;CN FOR PARCEL ~,._,,_,:-'c"*,~'~,'.,,-, 26. 5OV.'!,ISH? 4'-' 5OU'F~. R/'J;OE 25 LASI. COLLIER EOUI,ITY. MORE PAF;'i'!CULA~:;LY r)ES.SRiBED AS FOLL3¢¢S. COMMENCE Ar rile E"'*Sf '/4 CCie"~EF. '25' :SA~D 5ECIlCN ;_'6; THENCE E.O0'2S 42"W., Al 0NO 1i4[ EAST _INE Oc !HE SDuTF;r~&%: tx'4 O;' q_AID SEC'rlON 26, A DISTANCE OF ' 908 85 iI-iENCE LE/:v,..iNC; '~-~E S&ID. EAS'? LhJE. N.FD'31'!8'W, 'A D!STANCE OF 5OOO FEET, TO ~HE POi;4T T',dEIiCE 5OOC ,.','ESFERLY .aND, i-'~ARALLzL 'iiTI4 "NE SAID_, EAST L,NE, S.OO'28'42"W., A DtSi'z,.NCE CF IO CO FEET; TH£NCE N.aD'5'~" B"W.. A DISTANCE OF 20 90 FEET. TO THE WESTERL! LiNE OF & CI~Y OF NAPLES V:ArER UT!L;TY EASEMENT AS RECORDED iN OFF!C~AL RECORDS BOOK 1566. PAGE 462 CF T~E PUbLiC RECORDS Or COL_ER COUNTY. FLOR*DA; r~Et'!CE :,LP~4G ;=~E S~dD WESTFR',.v LNE, ~100'28'42"E. ,~ DiSIAI4CE OF 1000 FEET; r~ETiTE _E;v,'r4G '~,E S&U WES-FRLv L ':[. S89'3!'~8"E. A DISTANCE ?F 2000 FEET, fO 200 ".~'~'~Z.~'~.-~' :EET. ',iORE CR _ESS SKETCH & DESCRIPTION ONLY 'lOT A BOUNDARY SURVEY EXHIBI'7 Page, /,5/_ i~ .,/.~ GOLDEN (;,VI'E PAi'lliWAY IMPROVEMENTS SKETC}I & DE$CEIPTION OF: ID' × 20' WII)E UTILITY EASEMENT PARCEl. g03A COLLIER COUNTY, FLOI~I~A 91- 9015 16 26 49 ~5 hlONE NDEX NO: FILE HAME J SI4EET 01- 00~ 5sKg03AI 2 OF 2 lOB JAN t 3 203 EXIIIB1T A '!1 POINT OF '~ J :0' x 20' ',"VIDE ' / UTILITY EASEMENT ~,~'.:~ GENERAL HOlE I~ = BASELINE POINT OF ~ DEGINN:N0 J SKETCH & DESCRIPTIONI ONLY NOT A DOUHOARY SURVEY i_ SCA~.~ 1~-lSO' SI(ETCH & I)ESCRIPTION 0F: lO' X ~0' I~IDE UTILITY :S&SEMEN'r PARCEl. D03A )0~,u NO~'llt HORS~ItC~E Oatv~ SUIT~270 COLLIER COUNTY, FLOEIDA Pk (9411649-1509 Fmx(N])~49-7036 i ;0~5.~5 ~, 2~ a~ 25 I :50' 5-~ -03 I ~EC 0~-00~5SK902~ ~ or EXIIIBIT A LEGAL DESCRiPTiON FOR PARCEL 903B BEfl',!G t:&Rr ~F SECFIOi',I 2.6, 'O'¢,'l&~dlP 49 SOUTH, RANGE 25 EASt, CCLLER COUNFY, FI_CR~DA ~EII~G MORE PARTICULARLY [,ESC:~BFD AS FOLLOWS. COULiENC[ A: -H~ EAST i/4 gCFU,ER OF ~AiD SECTION 26; THENCE ALONG ~HE EAST JNE OF ~HE SOUT~[.~$: ~,/4 OF SAiD SECTION 26, A DISTANC~ OF 859.67 FEC~: THENCE LCAVP~O ~'~'E SAID EA? LhE. '~59'3~'18"W., A DISTAl,ICE '2F 50.00 FEET, TO ~C~NT OF ~HENCE SO0O ,VESTERt. Y AND PARALLEL ..I~IH THE SAID EAST LINE, S.00'28'42"W., A DISTANCE OF 10.00 FEET; THENCE N 59'3!'~8"W., A DISTANCE OF JO 00 FEET, TO -HE WESTERL'~ L'NE 0F .*, CITY OF NPPLES ,'VATER .JI;LITY EASEMENT. AS qECORDED iN OFFICIAL RECORDS BOOK 1566, PAGE ~t6Z 07 ~HE PLBL;C RECORDS 07 ']CLI.~;~ COUNTY, FLORIDA; TI~ENCE LLOIIG -HE SAiD ',','ESTEFL¢ L~";~, ', 00'28'~2"E, A DISTANCE C,F ~0.00 FEET; 71-~EN,JE _E x,.,", ~r~ THE SAID WEt~TER;',' :,E. S.8~'~I'i~"E., A DISTANCE 7~E POILT OF ~EGi~INqqG; SK[I'CII & DESCRIPTION ONLf NOT A ~OUNDARY SURVEY EXHIBIT Page. ~ GOLDEN GATE ?ARK'~AY IMPROYEI~IgNT$ SKETCIt & DESCRIPTION OF: I0' X Z0' ~IDE UTILI'Iy EASgMENT COLLIER COUN I'Y, FLORIDA ~.{*,~)~*.~ ~ ~l) deb NUM*E,~ · ~W~SION. J SECTION, J 1OWNS,~R J RN,IGE J SCALE 'OATS DRAWN BY FILl NAME J 0,-0o,5,8 I I26 J ag 25 r, OJ~E 5-1 -03 REC 01--Og15S}:gOBB 2 OF 2 IOD EXtlIBIT A OR ~85/B45 ~ ~i SEC. 26 [ ~ ~ S~a~ NO. 492525 001 0004A25 ~ , ~ Oa 142e/ ~48 GOLDEN GATE PARhN~AN - ' - ~ ///' 1~ ' _.r~ o UF~LI~ EASEMENT~ t~ [ ./ I ~ARCEL 9029 ~L6, ~ ', /; , SKETCH & DESCI?IPT!ON ONL'~ HOT A BOUNOARy SURVEY (HIBIT SXF, TCI! & DgSCRm'rION OF: tO' X 20' ~']DE UT]LI'r¥ ~S~ME~T ~s~,~;~ PARCEl, 903B )GlO NORTH IIORSESHOE ~IVF~ SUI~ 270 CObt,lg!~ 1OD AG~,:~LT.E JAN 1 EXIIIBIT A LEGAL DESCR[D]Of FOR PARCEL 905C -3E!NG ?ARF OF SECTION 26, :OWNSHIF: 4'9 SOUTH, RANGE 2,5 EAST, CCLUER COUNTY. -r:LCR~DA BEING MCRE F:ART~CULARLY DE?,C:~ 3ED AS FOLLOWS. COMt,'~ENCE Al' THE EAST '/'4 CORNER ,~: SAID SEOTION 26; THENCE '~I_ONG THE EAST L~NE OF ~HE SOUTf~?,S- I,/4 OF SAID SECTION 26. A DISTANCE OF 709.67 :EET; 'I~ENCE LEAVqqG THE %AID EAS~ LINE. ',* E%'31'18"~%'., A DISTANCE C'F 50.00 FEET. TO THE oOiNT OF BEGINNING; THENCE 50 00 tlESTERLY AND ~ARALLd_ ;~[H ~HE SAI~ EAST LINE, S.00'2a'a2"W., D~SrANCE OF 10.00 FEET; -F, ENCE N ag'5~'lS"w.. A DISTANCE OF ~Y.,.}0 F[ET, TO 'rile WES'IERLX dNE OF A OF CITY OF NAPLES WATER URUTY EASEMENT. P.S RECORDED rN OFFICIAL ~ECORDS BOOK 1566, ~,~GE 462 OF THE ~UBLIC RECORDS OF '2~LLIER COUNt, FLORIDA; :HENCE ,~LONG THE SAID ¢IESTERCY L:X.E, "00'28'42'E, A DISTANCE OF ~0 O0 SEET: 'HENCE LE&VJNG T'~E SAO WESTERLTM L".F S ~9'51'18"E. A DISTANCE CCI.:A:I,i~r~G 200 3CUAaE :EET. 'cORE J,:: SKETCH & DESCHIPIION ONLY NOT A BOUNDARY SURVEY EXHIBIT SKETCH & DESCRIPTION OF: 10' X 20' WlI)i'; UI'ILrrYEISEMENT I IC~NSULU'i~'(;~ PARCEL 903C I 3oIo NORI'II }IORSESHOE DR~ SUHE 2~ ,OLLIE~ COUNIY, FLORIDA [ Ph, i~II)~4D*IS0~ P~941)64~-~S& OI-O0~ ~6 ~ 2~ I 49 25 ~ONE 5-!I-03 RE6 I 01-00!5S1<9036 2 - OF 2 'NOEX NO,: No.._tO \2 JAN ! 3 2004 SKETCH & DESCRIPTION ONLY NOr A BOUNDARY SURVEY 0 =5___ l,,_..~ 0 ro~ COLLIER COU~ITY GOVEPNMENT BOARD OF CUUNIY 2OM~4,$$IO~ERS L~NE TABLE ~T BEARING LENGTH --- L1 3 SO0'2B'42"w 75009. ~607 ~'-'~' _ N89'31"~8"W · L3 ! 500'2§'42"W ' ~ ~t NBg'31'1B"W 20.00 ~i. N00'28'42"E 10.00 L6 ! sBg'5~'!8"E ] 20.00 EXHIBIT Page /~ C~'/~ SKETCII & DESCRIPTION OF': 10' X 20' ~TIDE UTILITY E/SEt, lENT s_.u~ PAi{CEL g03C .~oto HORlll IIOR~I~'$11OJ~ r~tl'ViE. ~UITE 2?0 lOB RESOLUTION NO. 04- 15 RESOLUTION GRANTING LIMITED AUTHORITY TO THE RISK MANAGEMENT DIRECTOR TO SETTLE CERTAIN DAMAGES CLAIMS AGAINST COLLIER COUNTY AND TO AUTHORIZE THE PAYMENT OF INVESTIGATION AND ADJUSTMENT EXPENSES AS PRESENTED TO THE COUNTY'S RISK MANAGEMENT PROGRAM. WHEREAS, Collier County Government, through the Risk Management Department, operates a risk management program as permitted pursuant to Florida Statutes 768.28 for the purpose of financing, preventing and controlling various types of losses and the claims resulting from same; and WHEREAS, the management of these losses and resultant claims may involve the coordination of Workers' Compensation, Property, Liability, Automobile, Aviation and other lines of insurance and/or self-insurance programs; and WHEREAS, the Board of Commissioners approves annually in public session the retention of various portions of these losses in the form of self-insured retentions, large deductibles or maintenance deductibles, by whatever name called, all of which involve the expenditure of public funds; and WHEREAS, the Board has approved the creation of various Self-insurance Funds as part of its budgeting process; and WHEREAS, the Risk Management Director is responsible for the day-to-day management of these Funds; and WHEREAS, it is the Board's intention to delegate to the Risk Management Director the authority to settle claims matters in order to promote the efficient use of resources; to promote the efficient administration of the program; and to allow for a timely response to claimants and/or their representatives; and WHEREAS, the Board finds that the limited delegation of settlement authority to the Risk Management Director serves a valid public purpose; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Risk Management Director, or his designee, shall have the authority to investigate and settle claims made against the County and presented to the Risk Management Program as follows: Definitions: Action (Cause of Action) - An Action shall mean a written complaint filed in a court of law of Florida, any other state, or the United States. Adjuster - An individual representing the County, an insurance carrier and/or the insured and acting on their behalf to determine the applicability of coverage; the amount of a loss; and the liability of the County. Claim- A demand for benefits as a result of damages made by a Claimant and/or their representative and as may be provided by a policy of insurance or self- insurance program. A Claim may include a written notice of demand and intent to sue as defined by Florida Statutes 768.28 and as required precedent to the filing of any Action. Damages- The amount required to pay for a loss. Deposition- A sworn statement of a witness or other party in a judicial proceeding. Excess (insurance) Carrier (Policy)- An insurance carrier, either on an admitted or non-admitted basis, who underwrites coverage on the basis of an excess of a self-insured retention. Employer's Liability- Coverage against common law liability of an employer for accidents to employees, as distinguished from liability imposed by a Workers' Compensation law. First Party- The Collier County Board of Commissioners, its Divisions, Departments, employees, Boards, Authorities and all other parties who derive their authority to operate from the Board of Commissioners. First Party shall also include participating Constitutional Agencies and their operations. Loss Adjustment Expenses - Expenses incurred to investigate and settle losses. Mediation- An informal means of trying to promote settlement of a dispute. It involves a third-party mediator who meets the parties to the dispute and tries to get them to agree on a settlement. Plaintiff - The term "Plaintiff" as used herein may refer to a party who has asserted a Claim, also sometimes referred to as a "Claimant". Policy - The written contract effecting insurance, or the certificate thereof, by whatever name called, and including all clause, riders, endorsements, and papers attached thereto and made a part thereof. Property Loss- Loss to the insured's property by reason of a covered peril. Purchasing Policy- The Collier County Purchasing Policy as approved by the Board of Commissioners. Risk Management (Program) - The management of the pure risks to which a company might be subject. It involves analyzing all exposures to the possibility of loss and determining how to handle these exposures through such practices as avoiding the risk, retaining the risk, reducing the risk, or transferring the risk, usually by insurance. Self-insured Retention- That portion of damages and loss adjustment expenses related to an occurrence which are paid by the insured under an excess insurance policy. Settle/Settlement- Agreement to dispose of a Claim between an alleged injured party and an alleged party at fault, typically to include the payment of consideration, and including the execution of any associated settlement agreements. Subrogation - The right to recover from a third party the amount paid under an insurance policy or retained loss. Errors and Omissions- Coverage for liability resulting from errors or omissions in the performance of professional duties and includes the acts of public officials. Workers' Compensation (Act)- Chapter 440 of the Florida Statutes which establishes the Florida Workers' Compensation Act and includes a system of wage replacement benefits for and medical treatment of compensable work- related injuries and occupational diseases, as well as the Administrative Procedures governing the administration of the Act. Claims Against Collier County 1) Bodily Injury Liability Claims- The Risk Management Director shall have the authority to settle Claims that do not exceed $50,000 inclusive of Plaintiff's attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed shall require settlement approval by the Board of Commissioners. 2) Property Damage Liability Claims- The Risk Management Director shall have the authority to settle Claims that do not exceed $75,000 inclusive of Plaintiff's attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed shall require settlement approval by the Board of Commissioners. 2 3) Errors and Omissions, Professional, Public Officials Claims- The Risk Management Director shall have the authority to settle Claims that do not exceed $50,000 inclusive of attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed shall require settlement approval by the Board of Commissioners. All settlements shall be subject to the Loss Verification and Expense Procedures contained herein. Property Losses Including Automobile Physical Damacle (First Party) The Risk Management Director shall have the authority to authorize the payment of property Claims to County owned property pursuant to the terms of coverage and subject to the Loss Verification and Expense Provisions contained herein. Workers' Compensation Claims 1) Workers' Compensation (exclusive of Employer's Liability)- Due to the administrative nature of Workers' Compensation Claims, the Risk Management Director shall have the authority to settle Claims issues, including petition for benefits issues, medical, indemnity, and impairment benefit issues including medical and indemnity washouts pursuant to Florida Statutes Chapter 440, subject to the final approval of the Judge of Compensation Claims, if applicable. 2) Employer's Liability- The Risk Management Director shall have the authority to settle Claims that do not exceed $50,000 inclusive of plaintiff's attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a formal Cause of Action has been filed shall require settlement approval by the Board of Commissioners. Subrogation 1) Bodily Injury and Property Damage Claims- The Risk Management Director shall have the authority to pursue rights of subrogation on the County's behalf for damages incurred by the County and may enter into agreement to settle such Claims unless a Cause of Action is required to enforce the County's subrogation rights. If a Cause of Action is required, approval by the Board of Commissioners shall be required to bring such Action and the Board of Commissioners must approve settlement. 2) Workers' Compensation Claims- The Risk Management Director shall have the authority to pursue liens and/or rights of subrogation on the County's behalf for expenses incurred by the County which are caused by a third party. The Risk Management Director may approve an agreement to settle such liens or Claims unless a Cause of Action is required to enforce a matter. If a Cause of Action is required, approval by the Board of Commissioners shall be required to bring such Action and the Board of Commissioners must approve settlement. Loss Adjustment Expenses The Risk Management Director shall have the authority to authorize the payment of Loss Adjustment Expenses necessary to investigate and settle Claims brought against the County. Such expenses shall include but not be limited to the cost to retain experts, pay records expenses, pay filing fees and costs, pay the costs of 3 depositions, procure private investigation services, perform records reviews and searches, procure bill review services, procure appraisals, and procure other expenses necessary to investigate, authenticate, or evaluate a Claim made against the County. The Board of Commissioners waives the Collier County Purchasing Policy as to these expenditures but such shall be subject to the Loss Verification and Expense Provisions contained herein. Loss Adjustment Expenses shall not include the hiring or retaining of outside counsel to represent the Board or individual employees named in a Cause of Action. The hiring of outside counsel shall be subject to the approval of the Office of the County Attorney and the Board of Commissioners. Loss Verification and Expense Provisions The Risk Management Director shall document each Claim file with the following documents and records to support the settlement of Claims and/or the finding of negligence on the part of the Board of Commissioners to support the settlement of claims as permitted pursuant to this Resolution. 1) The completion of a Claim Form. 2) The completion of an investigation form including witness statements, collection of evidence, pictures, diagrams, etc. 3) The collection of necessary documentation to approximate the value of the loss. 4) A written recommendation by the Risk Management staff member or the contracted Adjuster performing the investigation as to the issue of liability, Claim valuation, economy and efficiency, and or other reasons for the recommendation to settle within recommended amounts. 5) A written recommendation by legal counsel, in the case of proposed liability claims settlements in excess of $25,000.00, outlining the parameters for settlement. 6) A Closed File report will be presented to the Board on a quarterly basis as a Consent Agenda item to apprise the Board of settlements approved during the preceding quarter. The approval of Loss Adjustment Expenses shall be subject to the following provisions: 1) The Risk Management Director may approve the purchase of specialty services procured from vendors utilized by the Adjusting Company for their clients and when performed on the County's behalf to evaluate a Claim. The Adjusting Company shall disclose the estimated cost to provide the service prior to approval. The Risk Management Director may evaluate the cost/benefit of using same when evaluating the decision to settle a Claim. 2) If a service, document or thing is available from a single source, the payment of fees shall be permitted if such service, document or thing is necessary to authenticate the Claim. The Risk Management Director may evaluate the cost/benefit of this expenditure when evaluating the decision to settle a Claim. 3) The Risk Management Director may approve Loss Adjustment Expenses when the expertise or availability in a given area of expertise or service is determined by the Adjuster and the Risk Management Director to be narrow or limited or the availability of such service is limited due to geography and such expense is determined to be necessary to authenticate and evaluate the Claim. The Risk Management Director may evaluate the cost/benefit of this expenditure when evaluating the decision to settle a Claim. 4 4) If the County has exceeded its Self-insured Retention or has exceeded the notification requirements for an Excess Carrier as to the Self-insured Retention for a given Claim, the Risk Management Director, through the Adjusting Company shall coordinate the approval of expenditures with the Excess Carrier so as not to jeopardize the repayment of Reinsurance Funds. 5) The purchase of outside legal counsel services shall require the approval of the Office of the County Attorney and the Board of Commissioners. Settlement Documents The Risk Management Director, through the County's adjusting company and the Office of the County Attorney, shall prepare settlement and release documents for use in the settlement of non-litigated matters. Such documents shall be executed by the Risk Management Director upon settlement of the Claim in question, pursuant to the provisions of this Resolution. A copy of the standard form settlement document in blank is attached as Exhibit 1 and is approved as part of this Resolution. Delegation of Authority The Risk Management Director may, at his/her discretion, delegate this authority in part or in full on a temporary basis to a member of his/her staff or on a temporary, limited basis to the County's contracted adjusting company in the event of availability, schedule conflict, or other conflict. Such delegation may include attendance at mediation, arbitration, and/or trial. However, all settlement and release documents must be executed by the Risk Management Director. This Resolution adopted after motion, second and majority vote, favoring same. DATE: l-]5 - , 2004 BOARD OF COUNTY COMMISSIONERS · ~,..., --~ COLLIER COUNTY, FLORIDA ..',: = ":~ ,'~:- : ':~ :~ ~ CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Michaol W. ~ottit Chiof Assistant Gounty ~ttornoy 5 EXECUTIVESUMMARY RECOMMENDATION THAT THE BOARD CONSIDER AND REJECT AQUAPORT PLAINTIFFS' ATTEMPT TO ALTER TERMS OF THE SETTLEMENT AGREEMENT BETWEEN AQUAPORT PLAINTIFFS AND INDIVIDUAL COMMISSIONER DEFENDANTS AFTER THE FACT, AT LEAST TO THE EXTENT COUNTY FUNDS ARE AT ISSUE. OB~IECTIVE: For the Board to consider and reject the attempt by Aquaport plaintiffs to alter the terms of the settlement agreement between the Aquaport plaintiffs and individual commissioner defendants after the fact, at least to the extent County funds are at issue, in Case Nos. 03-13133-BBB (appellate court number) and 2:01-CV-341-FTM- 29DNF (thai court number). CONSIDERATIONS: On October 28, 2003, the Board agreed to waive any claim for attorneys-' fees and costs in Case Nos. 03-13133-BBB and 2:01-CV-341-FrM-29DNF, styled Aquaport v. Collier County, in exchange for dismissal with prejudice of all claims against the individual commissioner defendants. The acceptance of the Aquaport plaintiffs' offer by the Board was promptly communicated to the attorney for the individual commissioner defendants, who notified the attorney for the Aquaport plaintiffs on or around October 29, 2003 of the Board's decision. The individual defendants also agreed to the settlement. Thereafter, settlement documents were prepared and circulated among counsel. Rather than notifying the Court of Appeals that the case involving the individual commissioner defendants had been settled and that an extension of time would be needed to finalize settlement documents, the Aquaport plaintiffs' attorney went forward and allegedly prepared certain responses in the litigation and now claims that delay in signing the settlement documents (the documents were signed by all necessary attorneys and returned on November 24, 2003) resulted in alleged additional unnecessary expenses to the Aquaport plaintiffs. Thus, the Aquaport plaintiffs now seek $10,000.00 in compensation in addition to the waiver of the County's and individual commissioner defendants claim for attorneys' fees and costs. Based upon the facts known at this time, it is the position of the Office of the County Attorney that the Aquaport plaintiffs are simply reneging upon the settlement agreement. Further, counsel for the individual commissioner defendants has filed a motion in federal court to enforce the settlement agreement. In an effort to bring this matter to a close, the excess insurance carrier for the County has agreed to offer $2,500.00 to the Aquaport plaintiffs. This would not be County money but would come directly from the insurance carrier. It is unknown whether the insurance carrier's proposal will be accepted. FISCAL IMPACT: plaintiffs and the court overrules the motion to enforce the settlement, the fiscal impact to the County would arise if the Aquaport plaintiffs are succe.' If the County refuses to pay any County funds to the Aquaport only potential slul ' NO. JAN I 3 200 in reversing the trial court's judgment in favor of the individual commissioner defendants and then are ultimately successful in the litigation in obtaining a judgment in excess of insurance coverage. This would require that the Aquaport plaintiffs obtain a judgment against the individual commissioner defendants and the County collectively in excess of approximately 4 million dollars. While there certainly can be no guarantees, such a result appears unlikely in view of the current posture of the case, especially with respect to the individual commissioner defendants who have advanced a strong qualified immunity defense in addition to the fact that the Aquaport plaintiffs' claims against those individual commissioner defendants were found to be without merit by the trial court. Nevertheless, the Board needs to recognize that by acceding to the Aquaport plaintiffs and insurance carrier's offer, it could absolutely prevent any risk of a judgment involving the individual commissioner defendants in excess of insurance coverage. GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. There is no growth management impact RECOMMENDATION: That the Board consider and reject the attempt by the Aquaport plaintiffs to alter the settlement agreement of October 28, 2003, at least to the extent County funds are at issue, and to direct the Office of the County Attorney to communicate that decision to counsel for the individual commissioner defendants. PREPARED/tBY:/,/ Michael W. Pettit Chief Assistant County Attorney DATE: REVIEWED BY: David C. Weigel, County Atforhey DATE: AGENDA ~ No. ~ ~ JAN 1 3 200z} Pg. ~ Ret2: CLRRI TO THB BO&RD IHTRROFFICB 47H FLOOR ?240 *** 3329307 OR: 3484 PG: 0162 RBCORDBD in the 0[FICIAL RICORD8 0f COLLIIR ¢OlllffY, FL COFIl8 01/14/2004 at 02:33HI DItlGItT L BROC[, RESOLUTION NO. 2004-__ O1 &.O0 1.00 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVESMT2003-AR4693 TO VACATE, RENOUNCE AND DISCLAIM THE EASEMENT FOR PUBLIC ROAD RIGHT OF WAY RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Sections 125.01(t), Florida Statutes, Bob Thinnes, AICP, from Q. Grady Minor & Associates, P.A., as agent for the petitioner, William L. Hoover, Trustee, does hereby request the Board of County Commissioners to vacate, renounce and disclaim the alleged easement for Public Road Right of Way set forth below over and across a portion of Section 35, Township 48 South, Range 26 East, Collier County; and WHEREAS, the alleged easement for Public Road Right of Way appears in a Corrective Personal Representative's Deed recorded in Official Record Book 3275, Pages 2926 through 2927, Public Records of Collier County, Florida; and WHEREAS, the granting of Petitioner's request will not adversely affect the ownership or right of convenient ac.~ss of other property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests, if any, over and across the 30 foot wide Public Road Right of Way more particularly described in the above referenced Corrective Personal Representative's Deed, incorporated as if set forth herein, is hereby vacated, extinguished, renounced and disclaimed and this action is declared to be in the Public's interest and will provide a Public benefit: BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution is adopted this /3 after motio~'.se~°nd and majority vote favoring same. '.-.~ ~ .y.,,,',7 ATTEST: : .? -~ DWI~T E. BR~K,.~i~ Approved as to fo~ ~d legal sufficiency: ~f~r ~. B~edB~sq. Assistant County Attorney day of ~4,_~_~ _~4~c.~ , 2004, BOARD OF C~JNTY CQMMISSIONERS Chl[rman Page 1 of 1 STATE OF FLORIDA · COUNTY OF COLLIER: 16 fi,'/4 ';" Permit No. PERMIT FOR CARNIVAL EXHIBITION CP-O1 WHEREAS, John Yonkosky, Treasure, Collier County Agricultural Fair and Exposition, Inc., has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a fair and exposition, and WHEREAS, John Yonkosky, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a fair and exposition as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such fair and exposition exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said John Yonkosky, has requested a waiver of the, Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO John Yonkosky, Treasurer, Collier County Agricultural Fair and Exposition, Inc., to conduct a fair and exposition from January 30, 2004 through February 8, 2004, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of Surety Bond and occupational license is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts, in and for said County this ATTEST: ,. DWIGHT 'E. BROCK, CLERK Approved as to FOrm and ~ .~~iencv: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIETUN~ORIDA: ~'"J~'--~ ~~AN 28m Annual Collier County Agricultural Fair & Exposition, Inc. 16~4 Collier Coun. ty ~.~~ Fa,r January 30th - February 8th, 2004 Collier County Fairgrounds Hwy 846, North Golden Gate Naples, FL .o. /uA c/ JAN 13 200~. felt. THE COLLIER COUNTY ~GRICULTURAL FAIR and EXPOS~ION, IN~. Collier County Fair '6 751 39th Avenue Naples, FL 34120 (239) 455-1444 Fax: (239) 455-6701 December 15, 2003 Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34103 Attention: Ms. Susan Murray Re: Request for County Fair Permit Dear Ms. Murray, In accordance with the provisions of Collier County Ordinance No. 75-11, we respectfully submit the following information and exhibits witnessing to our compliance to those requirements and our evidence of such, in the form of a petition to obtain the subject permit. A. 1. 4. 5. 6. 7. 8. 9. 10. 11. Logo Sketch of site showing basic location of activities Board of Directors Evidence of public liability insurance Activity description Letter confirming refuse service Letter for private port-a-let use Letter confirming security from Sheriff Letter confirming emergency services Letter confirming fire safety Land Lease authorizing use of property located on Highway 846, North Golden G~ t~ State Permit AC, a~ ~. Tax Exempt sheet N~ /b A JAN 13 200~i ] P~., ..~ 16A4 B. Waiver of Requirements We are requesting the Board of Collier County ~ Commissioners to waive the following requirements of Ordinance No. 75-11 as you have in the past, because the Fair Association falls under the classification of a non-profit organization. Section I item 3:a, Surety Bond Section 1 item 3.d, Occupational License In review of the request, should any questions arise, please do not hesitate to contact Ann Ward, Fair Manager at 455-1444.. Fair and Exposition, Inc. Enclosures .~,ENDA rm.M JAN 13 200z. t . NOT~: ' please ~read reverse side '-~ ,*.before completina this Copy: .Zoning -Director Copy: Petitioner Copy: (4) county Manager Original Form: 11/4/75 PROPERTY OWNER'S ADDRESS: TELEPHONE ~. DESCR~PTIO~ o~ sU~ECT PROPERTY: r~ea~ ~ A CURRENT ZONING: NATURE OF PETITION:_~ THE FOLI..,~WING .I~FORI~TION IS INCLUDED IN THIS PETITION. EXPLANATION, SEE REVERSE SIDE.) (FOR 3 .a. %< 3.e.1) ;< 3.e.4) 3.b. ~ 3.e.2) k2 3.e'.5) ~ 3.c. ~" 3.e.3) ~ 3.e. 6'). 3.e.7) k 3. d. ~ Comments: SIGNATURE OF.PETITIONER DATE REVIEWED by Board of County Commissioners: Approyed3 Conditions of APproval: .Disapproved: JAN, 13 200~ SIGNATURE OF COUNTY ~%NAGER OVERFLOW PARKING "* I c,~4 .e I MIDWAY CAMPING ' MIDWAY CAMPING JAN 1 3 89/:38/2883 18:10 4876670496 Kg, KINSLRANCEFLA PAGE 83/8:3 / · SEP 10 :EOEI3 15:13 FR K ~NSURRNCE' Z6B 459 5g~9 ~ 9148766704~6 P ~u :vox ~,oz~c #e.~Ge, Z~ ,I, 6gOl AFFORDING COVEI~GE' , '/.51 .~t"~ A'V'J;aV&,~- - ~, FI, 34,120' A cc,mmmmm m,mnd um~ owm~ & c.mecl0m I'lL ~/Ls/o~ ;l~: 01M4 ~/[s/o~ ~]U:::0S907S2701 1~:01JJ4 41~!o~ 34,112' CAN~ BE;FORE-z~- =~r, ........ L DAYS ITl AG~IT~ OR JAN 13 20~4 · . TOTGIL pRGE,8:3 *~" CERTIFICATE OF LIABI _ITY INSURANCE Allied Specialty Insurance, Inc THIS CERllF1CATE IS ~SUED AS A ~ OF INFO~ON ' 10 4 51 ~U~ ~ ~vd. ONLY AND CONF~ NO RIG.S U~N ~E CER~A~ Treasure Island, FL 33706 800/237-3355 ~--~ Blue Grass Shows, ' Inc P.O. Box 75244 Tampa, FL 33675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THI= COVERAGE AFFORDED BY THE POL# IN-$LIRER$ AFFORDING COVERAGE ,~. T.H.E. Insurance Company II~URER B: II'~URER C: II~URER D: IE~ BELflW. NAIC # COVEIZrAGI=S THE POUCIES OF INSURANCE US i ~=u BELOW I-IAV~ BEEN ISSUED TO THE INSURED NAMED AflCNE FOR 'n.lE POtlCY PERIOD INDICATED. NO'F%MTHSTANDING ANY REQUIREMENT. TERM OR CONDI'flON OF ANY CONTRACT OR OTHER DOCUMENT W~'fl-I RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY 'filE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL 'filE TERMS, EXCLUSIONS AND CONDrnONS OF SUCH POUCIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAJD CLN.MS. ' =----.-.~ .*~w ?-'-~1 L~',& __~----~aLua~u~ F..^CHOCCU~R~ $ 1,000,00( A X ICOMMERCU~G~NE.A~UAmU~Y M3MF9743 06/10/03 06/10/04 p.~u~ .~. ~m..mm~ I 5 0,00 ( 1 ~R~&~DVt~U.y iS 1, 000, 00C GENERAL AGGREGATE $ POUCY [-'--] ~ ~ L~)~ PR~-COMPK)PA(~ $ 1,000, OOC AU ,~OBLE LJAB~JW COMBINED SINGLE LIMIT ANY AUTO (b .c=a~.~ ~ AU. OWNED AUTO~ BO~LY INJURY SGHEDULED AUTOS ,, (Pit pwla~) S ~ HIRED AUTO~ IK)OItY INJURY NON-OWNED AUTOS (p~r tax. mt) $ PROPEITrY DAMAGE ._~ AUTO ONLY. F.A ACCIDENT AUTO ONLY: ~ ,,~u.~.r~Y M3XF9744 06/10/03 06/10/04 ~C. OCCURR~C~ A Xlocc~ ~-~.s~ !, ~.,ooo,ooo AGGREGATE $ '1. 000. 000 R~mm~ON ~ $ F. MPLOYE~ UABILJTY TO~Y UMIT~ ANY P~OPRIETOR~PARTNER~EXECUTNE E.L EACH ACCJDENT $ ~RAIEMBER SP~CtAL PROVISIONS ~ ; OT~ E.L. DfSEASE. POUCy lIME Effective from 1/30/04 Additional Izlsured: COLLIER COUNTY FAIR BOARD, through 2/08/04 COLLIER COUI~Y GOVERNMENT COLLIER COUNTY BOARD OF COI~ISSIONERS AS RES~ECT.q TO THE O~ERATION OF TI.t'I; N~'~_~.D INSU~_~D. ACORD 25 (2001~8) COLLIER COUNTY FAIR BO~ I CAMCI=LLATION GOVE AGENDA ITEM ' ~"ou~aa*~m~aao~c~uc~s~c~.osu~os~~oN "OLLIER COUNTY o 3LLIER COUNTY BOARD COMMI S S IONERS JAN 1 3 ~) ACORI~ ¢(~RPORATION 198] Feir~ THE COLLIER COUMTY AGRICULTURAL FAIR and EXPOsITIOM, IMC. Collier County Fair 751 39th Avenue N.E. Naples, FL 34120 (239) 455-1444 Fax: (239)455-6701 Activity Description List Blue Grass Shows 25 Amusement Items Concessions 1. Cotton Candy 2. Popcorn 3. Candy Apples C. Games for Prizes I1. IV. Display Booths A. Red Cross B. Ham Radio C. Mental Health D. Animal Care E. Civil Defense F. Home Economics G. Military H. Emergency Medical Services I. Women's Club J. Petting Zoo Exhibits A. Agriculture F. Hobbies B. Livestock - tH / FFA G. Culinary Arts C. Horticulture H. Canning D. Arts I. Clothing E. Crafts J. Ornamental Concessions, Local Clubs, Organizations & Professional Group,~ A. Hot Dogs F. Cake B. Hamburgers G. Ice Cream C. Sodas H. Foreign Foods D. Hero Sandwich I. Fruit E. Candy A~--.~A rl'~J~ JAN 13 200/~ SEF-1Y-2UO3 ,El) 03:20 FI1 W~'ll~ llP, NRGEIIENT F~ NO. 2396495644 P. O1 --~ ...... SERVICE AGREEMENT' ' ' Renewal Contract NON-HAZARD~USWA$,TE$ $,C Code 9B / ~ ' Type of Business = w.. -~ Management Of C ~ier COunty' 4500 Exctmnge Ave Naples, FL 34104-7{)25 (239) 649-2212 PHONE (239) 6~g=5844 FAX -- ~CCOUNT NAME COLLI-:R cOUNTY FAIR, .______ SERWCE 7~~AvENE' CITY, ST ZIP ~ FL 34120 ----'-'- , ' CUTTOMER ACCOUNT __ -- · REASON CODE NEW - "'EFFECTIVE DA3~- 01/22/04 BILLING ' NAME COLLIER COUNTY FAIR _______ BILLING' ~9TH AVE NE --------- , ~ cOuNT? cOLU ,~ ------- TEL#_(239);455'14~14 _ FAX# ]239)455-6701 CONTAO? Ann W~rcl 151.94 Ea. COUNTY COLLIER_ ~ 'F-L # ~ ~ .FAX # J239) 4556701 CONTACT Ann Wan _ , ~__ - EQUIPMENT/SERVICE SPECIFICATIONS T W 'H F s U 1' W H F a U $ T w t~ · $ u $ T W H F s u Please be n 0 RENEWABLE -- CUSTOME~ DEPO~.. ~ -- . ' i! TERM ...... P.O. NUMBER - jo~NUM~ --- RECEIPT REQUIRE :3? ~ BILL TO AC, CT # - -- ~ UN~S~t ~D IN~ S~NING ~ AO~ME~ ON .Please sigr · f~ ~ for pmm~ deli~ERMS: N~ ~ 0 GUST/~IER x -- NAME (PRINT OF TYPE) AGREEMENT NO. due to SCHEDULE OF CHARGES I ~ p,v.s~s c'~ $ F~' ~'t ....................... S s 151.~ ~T~ ....................... T~t~ ....................... s ~ ~AY8 CO~CTOR , 5t0 I~._ /0 _ 9117103 NAME (PRINT OR TYPE) Andrea M. Russom 10/21/2003 22:22 J 2390088008 P~ PROPOSAL j. W.' CRAFT INC., PORTABLE TOILETS WE'RE #I IN THE #2 BUSINESS 768 Commercial Boulevard Naples' FI. 34104 Phone: 239.261.-5768 Fax: 239.643-3281 Toll .Free: (800)238-3813 ' Proposal Submitted To: Ann Phone (259)455.I444 Date: October 22, 2003 NAME: Collier County Fairgrounds ADDRESS: 751 39ts Ave NE CITY: Naples , STATE~ZIP: / JOB NAME: Fair ADDRESS: Naples Fairgrounds cITY: Naples Florida STATE~ZIP: Florida We Herby submit specifu:ati~ns and estimates for: portable Toilets Rental and services 24 Regular portable toitets @ $30.00 Each 2 Handicapped units @ $55.00 Each Eve,?/day Service @ $15.00 per unit per day R.V. Tanks Service @I5.00 Each " 900 Gallon Tanks Service @ 150.00 Each Additional Tanks @ $225.00 Each 300 Gallon Tank Service @ $35.00 Each Our service consists of extractlon of waste, refill with chemical, water solution, paper, and urinal block, and cleansing the inside of the toilet. We are licensed and insured, proudly seen,icing Marco Island, Naples, Ft. Myers, Cape Coral, Estero, Bonita Springs, and Lehigh Acres. we h~reby propose w.furnish labor a~l materials, complete in accordance with the above spedficat~on~, for the sum of ( ~.00 ) payment to be made asfoltov~:tt: raid ut~n receio! oft_~u~ invoice . All materials are guaranteed oz speci.[ie~'L All work to be completed ina worlonanllke rnann,raccording to ,u~. rd pta.edco. sptcification~ in~olvin8 ¢~ra to~, will be txecuted only utn~n wnnen or.a~.n, ~ wut, J~co ,meTn~,r-~ t ..... o~ve ~ es~,~te. ~ ~gree~n, cor~gen~ uron strifes, acc~. .nu or. acceptance within 30 days and ts void ther.,.afler at the option of the unaersigneta ~4ccet~mnee of Provosal: '- work a~ specific& Paymens' w~ll SHERIFF DON HUNTEi~, COLLIER COUNTY 3301 Tamiami Trail East, BldO -'J, Naples, [:L'~4112 (239) 'f74-4434 www. colliefsheriff,org · September 17,~2003 Ms. Ann Ward Collier County Agricultural Fair And Exposition, Inc. 751 39u' Avenue N. E. Naples, Florida 34'120 RE: Fair Security .. January 30, 2004 through February 8, 2004 Dear Ms. Ward: The Collier County Shedff's Office will provide secudty for the 2004 Annual Collier County Fair and Agricultural Exhibit. Security will be per our agreement and contract which will bring the Fair into compliance with Collier County Ordinance, Chapter 8 ¼, Section 5 (2). I look forward to working with you at the Fair this year and if I c~n be of any further assistance, please call me. DH: jgm cc: Sgt, J. Mansberger File-Fair ""-.Collier Cour~, Fiodda ---.. JAN 13 2004 'q'he duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." · 16 A4 COHJER COUNTY EMERGENcy' MEDIC , sERV/cEs 3301 Easl Tamiami'Wra~ · Bldg H ° Naples, Ho~'da 34112 October 17, 2003 Collier County Fair Board 751 39t~ Avenue N.E. Naples, Florida 34120 '- (239) 774-8459 · Fax (239) 7754454 Dear Ms. Ward, Collier County Emergency Medical Services is looking forward to working with the Big Corkscrew Fire Department to ensure that the (~Ollier County Fair is provided ~vith Advanced. Life Support coverage. As I understand from your letter, you are reque.sting coverage from January 30th through February 8, 2004. Ag we move closer to the date, I will coordinate the logistics with the fire department, bui rest assure we will be there in a manner similar to what we discussed in your previou~ Board meeting. If I can be of any assistance in obtaining your pe..rm, its, please do not'he~itate to ca!!. Sincerely, , Jeff Page, Director Collier County EMS I JAN 13 BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT October 9, 2003 Collier County Fair 751 39* Ave NE Naples, FL. 34120 16 .4 132~0 Immokalee' Road Naples, Florida 34120 ' (941) 348-8006 (941) 455-1204 Collier County Fair Board: This letter is to confmn the commitment from the Big Corkscrew Island Fire Control and Rescue District/Volunteer Firefighters Association to provide fu'e inspections and fire protection during the 2004 Collier County Fair. The dates we have are January 30- February 8, 2004. There will be a fire protection fee of $200 per day, in addition to any inspection fees 'incurred. I.f you have any questions regarding these services you may contact Fire Marshal Todd Olson regarding inspection fees (348-8006) or Assistant Chief Rita Greenberg regarding fire protection services (455-1204). Sincerely, ~7 Rita M. Greenberg Assistant Chief ~,. /.~/:1 ~ JAN 1 3 200~ ~. /.~ 16A4 Part of Block 489; North Golden Gate, Unit 2; CoIiier County, Florida All that part of Block 489 of North Golden Gate Unit 2, according to the plat thereof as recorded in Plat Book 9. Pages 29 thr0ugla .43, Collier County Public Records, ColIier County, Florida and beingmore particularly descn'bed as follows: Beginning at the Northwest comer of said Block489: thence along the Northerly line of said Block 489: South 88'08'24" 'East 2012.89 feet; thence South 1'53'16" West 1184.51 feet: thence North 85'08'24" West 2038.4 feet to the .West line ofsaid Block 41~9: thence along said West line North 03'27'47" East 914.92 feet: thence continue along said' West line North 01'53'16" East 269.95 feet to the Po~rr oF THE BE(3~G on the parcel herein desto'bed: subject to easements and restxidtions of record: (containing 55 acres). ".', Less the following; BEGS(3 at the Northwest corner of said Block 489.: thence along the North~ly line of said'Block 489, South gg'08'24" East 635.75 f~t: thence leaving said north iine, South i '53'16"' West 800.00 feet: thence South 66:02'53" West' 423.75:n thence South 1'53'16" West 200.25 feet: thence North 88'08'24" West 279.78 feet to the west line of said Block 489: thence along said West line. North 3'27'47" East 914.92 feet: thence cominue along said West line. North 1'53'16" East 269.95 feet to the 'POint of Beginning of the parcel herein described: subject to easements and restrictions of record: (containing 15.0 acres more or less) (Demised-Premises Containing 240 acres) JAN 13 20gq p,. PLE,4S~ S UBtIZI"I' TtZE FOLLO ~XI2VG D OCU214~.NT$ 1. ' L~GAL D~:$CRIP~ON , FOLIO NUM~ER~ 3. b-'URV~Y FOR Lll~LATI'I~ pROp~FZF~_ ~ Al'TACH '~K 8'rAlzF"ts~_E ONLY " DA'[V.~: STATE OF FLO/RIDA 16A 4 DEPARTMENT OF AGRICULTU~ & CONSUMER SERVICES ,. TALLAHASSEE . (850). 487-4322. FAIR PERMIT December 3, 2003 No.' 0317 Application and payment of fee in the amount of $275.00 having been 'made to the Florida Department of Agriculture and Consume. r. Services pursuant to Florida Statutes 616. i5, for a permit to conduct a public fab' or ex'pOsh'ion, and having been dete,wnined to be qualified by the Department, this Fair Permit is hereby issued to: Collier County Agricultural Fair & Exposition, Inc. 751 39th Avenue Northeast Naples, Florida 34120 to conduct a public fair or exposition at: 751 39th Ave. N.E., Naples, Florida for the dates of January 30, 2004 through February 8, 2004. Form 420608-099 1/93 CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE A61~DA ITEM JAN 13 2004 n. DE PART&,I~NT OF REVENUE 21-00-019878-70C Consumer's Certificate of Exemption i D.. 4 ~ ~~1 R. 01/02 'ssuea Hursuan, ,o Chapter 212, Florida Statutes z6A# Cert~cate Number This certifies that 09/30/02 COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION INC 751 39TH AVE NE NAPLES FL 33964-1410 is exempt from the payment of Florida sales and use.tax on real property personal property purchased .or rented, or services purchased. rented, tranment fe~l,~.~P~,'r~,.'tangible DEPART~4ENT REVENUE , DR-14 R. 01/02 / YOu must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases, See Rule 12A-1.039, Florida Administrative Code (FAC}. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. Purchases made by an individual on behalf of the oraanization are taxable, even if the individual will be reimbursed by the organization. - This exemption applies only to purchases your organization makes. The sale or lease to others by. your organization of tangible personal property, sleeping accommodations or other real property is taxable. Your organization must register, and collect and remit sales and use tax. on such taxable transactions. Note: Churches are exempt from this requirement, except when they are the lessor of real property (Rule 12A-1.070, FAC). It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction 'of a third degree felony. Any violation will necessitate the revocation of this certificate. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850-487-4130. The mailing address is 5050 West Tennessee Street, Tallahassee, FL 32399-0100. JAN 13 200 Collier County Agricultural Fair & Exposition, Inc. " ' , 16A COME TO THE FAIR GENERAL ADMISSION: 12 Years & Older - $7.00 6-11 yearn - $3.00 5 years & under - FREE Parking - $3.00 Ride Coupons - $1.00 Armbands - $15.00 Megapass - $18.00 HOURS January 30-Fdday January 31 - Saturday 5:00 p.m. - 12:00 a.m, (midnight) 8:00 p.m. - 12:00 a.m. MOONLIGHT MAGIC Armbands - $15;00 12:00 p.m. (noOn) -2:00 a.m. I February I - Sunday February 2 - Monday February 3 - Tuesday February 4 -Wednesday February 5 -Thursday February 6 - Fdday February 7 - Saturday February 8-Sunday 12:00 p.m. (noon)- 11:00 p.m. Naples Daily News - buy one get one free 4-H Day 5:00 p.m. - 11:00 p.m. Armbands - $15.00 5:00 p.m.- 11:00 p.m. Armbands - $15.00 5:00 p.m. - 11:00 p.m. Armbands - $15.00 5:00 p.m. - 11:00 p.m. 5:00 p.m.- 2:00 a.m. 11:00 p.m. - 2:00 a.m. MIDNIGHT MADNESS Armbands $15.00 12:00 p.m. (noon) - 12:00 a.m. (midnight) Senior Citizens Day 12:00 p.m. (noon) - 10:00 p.m. ALL TENTS CLOSE AT 10:00 P.M. JAN 13 P=. /? 16A ' Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 451078 12/18/2003 2:44:51 PM 12/18/2003 AR 5175 Appl Name: COLLIER COUNTY AGRICULTURAL FAIR & EXPOSITION, INC. Appl Stage/Status: REVIEW STAGE NO. l/PENDING Address: 751 39TH AVENUE N.E. NAPLES FL 34120 Proj Name: COLLIER COUNTY FAIRGROUNDS Type: TAZ: Subdiv Nbr: Project Nbr: 2003120045 Payor: COLLIER COUNTY AGRIC. IFee Code Description 11CIRC FAIR & CIRCUS PERMITS Fee Information IGL Account 13113832634122000000 Total Amount Waived $275.00 $275.00 Payments Payment Code Account/Check Number Amount CHECK 7433 $25.00 CHECK 7423 $250.00 Memo: Total Cash t $0'001 Total Non-Cash $275,00 Total Paid [ $275.00] Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: MCCAULEYKATY / 1 User: MONROIG I Print~ AGENDA I'FEM~ I ~1/~/~ "I JAN 13 200~ ~]~ ~o/zuo;~ 2:45:53 PM COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDWISION IMPROVEMENTS entered into this [L[- day of ~.Pt[~ , 2004 between Collier Land Development, Inc., hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: The Developer has, simultaneously, with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as Sabal Bay Commercial Plat - Phase 2 Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the improvements required improvements. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: The paving, drainage, potable water system, sanitary sewer system, irrigation and street lighting improvements within twenty-four (24) months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. ° Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A' and by reference made a part hereof) in the amount of $794,121 which represents 10% of the total contract cost to complete construction plus 100% of the probable cost to complete the required improvements at the date of this Agreement. 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 the Developers engineer along ~vith the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. ° 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 3/22/2004-128807 Vet: 02!- DHURST CA~43 N022¢022-002/ ESBM- 24975 16 A~JI improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 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 months after the execution of this Agreement and once within every six months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill their obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns ofthe Developer. 3/22/2004· 128807 Ver: 02'. DHURST CA#43 N022g..022-002- ESBM- 24975 · 16AS.J_ IN WITNESS WHEREOF, the Board ~nd_Jþ.e Dev~Mer h~vh caused this Agreement to be executed by their duly authorized representatives this 2..,)"{ "liay of '^ '" ' , 2004. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ::l1ier L~' Ine Robert D. Carina, Vice President WÞl4 2: UiL, PPtTi\\ C K. L. ~R. Printed or typed name By: ,,' '''111'''1" _~j . e04,'?,; ..F$ITEST>" (",. ~lJ.. ./: ~,_"" _ ....", . '¿~_"" ", C)~IGliT~~.~R~K, CLE , j,=~ _,' '~f1 '''" '1 BOARD OF COUNTY COMMISSIONERS OF C'COUNf2~A "'YJ""..L .J .A -'.. By: Donna Fiala, Chairman ...... ". , - A', ('" . t.~i:_¡;~ . . .. . ,c'> ", 'I. S¡J :il',:"- Approved as to form and Legal Sufficiency: ~~. J ER A. ~ Assistant County ttarney Attest.. CItIh -~.... signature 0I1J. 3/22/2004- 128807 Ver: 02!- DHURST CA#43 N0229-022-002- ESBM- 24975 !>abal Bay Commercial Plat (Phase Two) 16 A 5 ~. Engineer's Opinion of Probable Cost, 4/02 (Revised 10/03) -' WilsonMiller, Inc. Drawing File No. 0-0229-62 Summary ./ Potable Water $55,857 '''- Drainage $134,568 Paving $390,629 Earthwork $70,634 Lighting $69,240 Survey (Installation of PCPs) $1,000 Mobilization $5,000 10% Contingency $72,693 " Total $721,928 I' 0/ ,- " Bond Amount (110% of Total) = $794,121 Note: No Landscaping or FPL conduit / infrastructure has been included in this cost estimate. 10/812003 - #107534 - LFLORA N0229-022-OO2-ESBM --_.- BankofÂmerica .~ 16 A5 ,a PAGE: 1 DATE: OCTOBER 30, 2003 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 7412712 BENEFICIARY THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2800 NORTHE HORSESHOE DRIVE NAPLES, FL 34104 APPLICANT COLLIER LAND DEVELOPMENT, INC. 3003 TAMIAMI TRAIL NORTH SUITE 400 NAPLES, FL 34103 AMOUNT NOT EXCEEDING USD 794,121.00 NOT EXCEEDINJ SEVEN HUNDRED NINETY FOUR THOUSAND ONE HUNDRED TWENTY ONE AND 00/100'S US DOLLARS EXPIRATION OCTOBER 27, 2004 AT OUR COUNTERS WE, BANK OF AMERICA. N.A., CHICAGO, ILLINOIS, HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 7412712 WHICH IS AVAILABLE WITH US BY SIGHT PAYMENT(S) AGAINST PRESENTATION TO US OF THE FOLLOWING DOCUMENTS: 1. THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL AMENDMENT (S) THERETO, IF ANY. 2. DRAFT(S) "AT SIGHT" DRAWN ON US, BEARING THE CLAUSE: "DRAWN UNDER BANK OF AMERICA N.A., CHICAGO. ILLINOIS STANDBY LETTER OF CREDIT NUMBER 7412712" 3. BENEFICIARY'S STATEMENT SIGNED BY A PURPORTED AUTHORIZED OFFICER OF BENEFICIARY, STATING EXACTLY THE FOLLOWING: "COLLIER LAND DEVELOPMENT, INC. HAS FAILED TO CONSTRUCT ANDloR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS SABAL BAY COMMERCIAL PLAT - PHASE II. OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY." NOTWITHSTANDING THE ABOVE EXPIRATION DATE, THE EXPIRATION DATE OF THIS STANDBY LETTER OF CREDIT SHALL BE AUTOMATICALLY EXTENDED WITHOUT WRITTEN AMENDMENT FOR ADDITIONAL ONE YEAR (01) PERIODS UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO ANY SUCH EXPIRATION DATE. BANK OF AMERICA, N.A. SHALL GIVE WRITTEN NOTICE TO BENEFICIARY BY CERTIFIED MAIL OR COURIER, AT THE ADDRESS SEl' FORTH ABOVE OR AT SUCH OTHER AMENDED ADDRESS AS YOU MAY BE PROVIDING TO BANK OF AMERICA, N.A. IN WRITING PRIOR TO SUCH NOTICE, THAT WE ELECT NOT TO RENEW THIS STANDBY LETTER OF CREDIT FOR ANY SUCH ADDITIONAL PERIOD. IN THE EVENT WE PROVIDE YOU WITH OUR NOTICE OF NON-RENEWAL. YOU MAY DRAW HEREUNDER ON OR PRIOR TO THE THEN RELEVANT EXPIRATION DATE UP TO THE FULL AMOUNT THEN AVAILABLE HEREUNDER AGAINST PRESENTATION OF THE ABOVE DOCUMENTS. I.1J¡lt '" "'I""r~(;1 TI."~,- '.-'~·'T ,..,,, ',¡."I \. ",1~' II. ',<' I. -."'1 ~' , " ; ,-; oIk ... .-,. .. ;,.." , " c.'.", ORIGINAL ':~I:" '-':1 ".' " '. 'I Bankof America ~? 16A5 ·iîì. PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 7412712 WE HEREBY ENGAGE WITH THE BENEFICIARY HEREOF THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS STANDBY LETTER OF CREDIT SHALL BE DULY HONORED UPON PRESENTATION AT OUR OFFICE AT 231 S. LASALLE STREET, MAIL CODE: ILl-231-17-01, CHICAGO, ILLINOIS 60697 ON OR BEFORE THE EXPIRATION DATE OR ANY AUTOI~TICALLY EXTENDED EXPIRATION DATE. EXCEPT AS FAR AS OTHERWISE EXPRESSLY STATED HEREIN, THIS STANDBY' LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, INTE~~ATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590 ("ISP98") . IF YOU REQUI?£ ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 312-923-0621. (/7 ~,L li,JJ~\.\A( '---~, ----------------------, ÌüJTHORIZED SIGNATURE Parueìa A" Creane THIS ~CUMENT CONSISTS OF 2 PAGE (S) . J fi/--:7 . , / 1,111 !, 1'1'. I, -____(fJ~-,--------- AUTHët.bED SIGN1ITURE Roberto Suiular '~HI~ -, "'UX"",',I T~.'~c'l ~>;."t·,~,. n ',t t! I( ',J.. LI-~ 1 .1 ~"'~, " ' :'.' II.. "~n:-; I . '~ i ORIGINAL '·11_.' :'.:'¡;:1\,'~ 'I ~'Î'; '\ ,- 1. 6 A 6 .. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this rijay of ...\A.....l - 2004, between Centex Homes, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS: A.. Developer has, simultaneously, with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as Delasol Phase Three. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction öfthe required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water, irrigation water, sanitary sewer and street lighting improvements for Delasol Phase Three within eighteen (18) months from the date of approval of said subdivision plat, said improvement hereinafter referred to as the "required improvements. " 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $695,516 which represents ten percent (10%) of the total contract cost to complete construction plus one hundred percent (100%) of the estimated cost to complete the required improvements at the date of this Agreement. 71712004- 27944 Ver: 01!- GRIPO eM" 03754-000-005- ESBM- 7733 Page 1 of 4 16A6 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of its preliminary approval of the improvements; or b) notify the Developer in writing of its refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining ten percent (10%) of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the 71712004- 27944 Ver: 011- GRIPO GAl" 03754-000-005- ESBM- 7733 Page 2 of 4 16A6 subdivision performance security on the basis of work completed. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 7/7/2004· 27944 Ver: 011- GRIPO CAl.3 03754-000-005- ESBM- 7733 Page 3 of4 16A6 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by .,.~ their duly authorized representatives this ~ day of Signed, Sealed and Delivered in the presence of: S~ L 'ì"rJ ;;; Printed or typed name '. '\ " I;.D ¿f1 J l t, >~ M c..~ ~. " [') I j ,..... -~ .' . . . . '" ;II 'I,,/.~t:'o. I ,,'" .,c;, ATT~'S:r< ...., é;, ", "r ...i'.· ..:~'~~~, '..-~ " $;..\.+~ " . . "¡" .. ..". , i>«:¡IÙu.f.E' SROCK: cLiRK, ~ f, i, ~':'.' < '~~iAo~~1 1M ' D 'ler \,Ij',~/ " ,,~ .. . ...b·~'·rIIån·S sf : .el~t;~ ',' '. Approved as to form and legal sufficiency: ~(\ £. ~ Jen fer A. Belpe '0 Collier County Attomey 7n12004- 27944 Ver: 01!- GRIPO CAf4I3 03754-000-005- ESBM- 7733 Jtv-.J . 2004. DEVELOPER: Centex Homes, a Nevada general partnership By: Centex Real Estate Corporation ~:MM~~ne1~~ Mike McLeod, Assistant Se retary Page 4 of 4 16A6 Bond No. SU 5007408 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That CENTEX HOMES, a Nevada General Partnership, 5801 Pelican Bay Boulevard, Suite 600, Naples, FL 34108 (hereinafter referred to as Owner) and ARCH INSURANCE COMPANY (hereinafter referred to as Surety) are held and firmly bound unto Collier County, Florida, (hereinafter referred to as County) In the total aggregate sum of SIX HUNDRED NINETY FIVE THOUSAND FIVE HUNDRED SIXTEEN AND NO/100 DOLLARS ($695,516.00) in the laWful money of the United States, for the payment of which sum well and truly to be made, we bInd ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas the Owner has submitted for approval by the Board a certaIn subdivision plat named DeLaSol, Phase III and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter Land Development Regulations). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the Guaranty Period). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shalf be void, othelWise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change. extension of time, alteration, addition or deletion to the proposed specific improvements shalf in any way affect its obligation on this Bond, and it does hereby waive notice of such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The Term "Amendment," wherever used in the Bond, and whether referring to the Bond, or othèr documents shall include any alteration, addition or modification of any character whatsoever. EXHIBIT IA , 16A6 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this ~ofMay, 2004. Attest: G -~e "'" ~") ~ ç¡Q ~ ~ Witness #1 'gnature) CENTEX HOMES, a Nevada General Partnership, by its Managing General Partner, Centex Real Estate Corporation, a Nevada Corporation , ) t~~ Witness #2 (Signature) -¡¿¡1ft !fll/¡L()æ H . Witness #2 (Print Name) BY~ :!,\), ~~H c,..l. ")¥-t-:.~ <b'Ð~\ SURETY: ARCH INSURANCE COMPANY ~_.~ , ~/ / ,.,,> '::;2 " ,./','.".. .' B : C;}»~,.7 Þ (1::. ~. en Mims, Attorney-In-Fact Allvson Dean Witness #1 (Print Name) ~A 1> J\ Ð .ù~C-4'\ ss #2 (Signature) Steven Binion Witness #2 (Print Name) Countersigned By: ~L a. (lu~~ Juli~. Russell, Florida Resident Agent 16A6 STATE OF FLORIDA ) ) COUNTY OF COLLIER ) THE FOREGOING INSTRUMENT was acknowledged before me this '2fbday of ~ ,2004,by ÎÍ¡,y\ £uiYJ11ey····, {J¡J. (Jre~ìe:le.Jd- (name and title). He IS me or has produced as identification. 1(/ /~ Y PUBLIC - STAT E OF FLORIDA /' / ./ ~U1ì\ /Ìl J-+¡1~~ (Print, type or stamp notary name) My commission expires: STATE OF TEXAS ) ) ) IHII I 11111 U ...~ ~~ LAUR.4 '::'~111Þ' _ 6I5I2OOt . 74...... n'_ØCXiIa;J¡..... ~~~ . ~ NIUIV AtIr. ' 'GC : .............................. COUNTY OF DALLAS THE FOREGOING INSTRUMENT was acknowledged before me this 3rd day ofMav 2004, by Cannen Mims, Attorney-In-Fact of ARCH INSURANCE COMPANY (name and title), She is personally known to me or has produced known to me as identification. N~~XAS .."t~~.~~~~'" BRIDGETTE S. JACKSON v"1ï(' '. «~ ''':' .,<'. Notary Public, State of Texes ,.,,:, .:..1 My Commission Expires ""~. ."'!IO '>þ',~.;åi\~.~ August 07.2004 "..,,~ Bridgette S. Jackson (Print, type or stamp notary ~ame) My commission expires: August 7, 2004 ~______., .d.,,"_.~_~_________'· - 16A6 In Testimony Whereof. the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers. this 24th day of November . 20~. Arch Insurance Company Attested and Certified Joseph S. L A~1 / ~~ Thomas p, Luckstone. Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan. a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company. a Corporatioo organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument. appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. ~SEAl MaJSSA B. ~ tmy Public SIaIe ct Connec:Ii:U ~ Expires Feb'v 28. 2005 /7?LuxY7MI/'qo/J Melissa B. GHligan, Notary Public My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secret.ary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 24, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Atch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Atch Insurance Company on this 3rd day of May ,20-º!.. --.- This Power of Attorney limits the ads d Chose named therein to the bonds end undec1aklngs specifically named therein and they have no authority to bind the Company except in the manner end to the extent herein stated. Home Office: Kansas City, MO OOMLOO13 00 03 03 Page 2of2 Printed In U.s.A. .. POWER OF ATTORNEY 16A6 Know All Men By These Presents: That the Arch Insuranœ Company. a corporation organized and existing under the laws of the State of Missouri. having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Brian M, Lebow. Deborah Griffith. Carmen Mims and Allyson Dean of Dallas, TX (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of Issuance of this power for ana on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undenaklngs that guarantee the payment or collection of any promissory note. check, draft or letter of creGi!. This authority does not permit the same obligation to be split into two or more bonds in order to bring -each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had beeo duly executed and acknowfedged by its regularly elected officers at its principal office in Kansas City, Missouri. ' This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3. 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chainnan of the Board, the President, or any Vice President. or their appoint~s designated in writjng and tiled with the Secretary, or the Sacretat)' shal have the power and authority to appoint agents and attorneys-in-fact. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto. bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof. and any such officers of the Company may appoint agents for acceptance of process'- This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board d Directors of the Company on March 3. 2003: VOTED, That the signature of the Chainnan d the Board, the President. or any VICe President. or their appointees designated In writing and filed with the Seaetary. and the signature of the Secretary, the seal of the Company. and certifications by the Secretary, may be affixed by facsimile on any povær of attorney ør bond executed pursuant to the resolution adopted by the Board of Directors on March 3. 2003. and any such power so executed, sealed and certified with respect to any bond or undertaking to which lis attached. shal continue to be valid and binding upon the Company. OOM1.OO13 00 03 03 Pagl1of2 Pr1nted In U.s.A. .... , r ,4 " ~ 16A6 ~ ,..- 'f .~ ARCH Insurance COlnpany ARCH Surety NOTICE - DISCLOSURE OF TERRORISM PREMIUM· In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable irtsurer deductible. . "; .. ., - . 16A6 WilsonMiller, Inc. Engineer's Opinion of Probable Cost, 8/03 DeLaSol Phase III Final Subdivision Plans Summary Potable Water $67,274 Wastewater $110,762 Drainage $138,405 Irrigation $40,315 Paving $136,851 Earthwork $128,680 Lighting $10,000 Total $632,287 JI.. Itð % ..... ê..9~, ~llÞ. ~(1Þ PPL-2003-AR-4638 Project: 2003080035 DATE: 08/27/03 8/1312003 - #28597. . GRIPO 03754-OOO-005-ESBM Ub/¿~/¿VVq vr:jU r~Ä ¿j~ ¿bj bq~q '11M Ut.V Ut.;:; Il.IUU¿/UI¿ WlIsonMiller, Ine, Preliminary Opinion of Probable Cost Delasol Final Subdivision Plans Summary (PH-II) 16A6 13 Earthwork $ $146.375 Drainage $ $185,675 Sanitary Sewer $ $223,225 Potable Water $ $187,089 Irrigation $ $110,268 Paving $ $196,746 Landscape S $100,000 Lighting $ $135,000 Miscellaneous $ $1,000 $1.285,378 Subtotal: 10% Contingency 128,537.79 Total I $1.413,916 ope AssumDtlons: 1.) DeLaSol will utilize potable water for irrigation purposes on residential lots only. 2.) DeLaSol will not utilize potable water for irrigation purposes on right-of-way/open space areas. 3,) Lake Excavation Performance Bond shall be posted for each construãion phase. 4.) street lighting design. materials and installation will be provided by Floridø Power & Ligt 5.) Livingston Road Right-of·Way paving and drainage Improvements are not included in th Opinion of Probable Cost The Right-at-Way paving and drainage Improvements will be bonded as requIred by the Collier County Right-ot-Way Permmrng Process. SI2412Ctw 011109151 (""2). RPi"""'nte r:w54-000--001 -~R ( Vb/¿~/¿VU4 Ur:dU r~Ä ¿d~ ¿od o4~4 w~, UI:: v UI::;:' tmUUd/UI¿ 16A& WilsonMiller, Inc. Preliminary Opinion of Probable Cost Delasol Final Subdivision Plans Earthwork (PH-H) Description Estimated Quantity Unit Unit Price Amount Clearing and grubbing (Grind on-site) (Right~f-Way and Easements Only) Lake Excavation (Unclassified) (Right~f-Way and Easements Only) FîI1 (compacted in-place) (Right-of-Way and Easements Only) Perimeter Berm Gradìng SwaJe Grading 16,9 AC $1,600.00 $30,420.00 48,000 CY $1.50 N/A 65.553 CY $1.50 $98,329.60 3,730 LF $2.50 $9,325,00 4,150 LF $2.00 $8.300.00 $146,374.50 Earthwork Total 6/2~000I . .109151 (ver 2) -I'IPISœnle 'J315okJOO.œ1·EWRK IJO/ ¿':J/ ¿IJIJ't IJ (: dlJ r ~,~, ¿d::t ¿od b't::t't '11M Ut.V Ut.;) ~ 1J1J't/U I¿ Wilson Miller, Inc. 16 A 6 1S Preliminary Opinion of Probable Cost Delasol Final Subdivision Plans Drainage (PH-II) Estimated Description Quantity Unit Unit Price Amount 15" RCP 826 LF $21.00 $17,346.00 1 a" RCP 1278 LF $25.00 $31,950.00 24" RCP 310 LF $30.00 $9,300.00 30" RCP 148 IF $39.00 $5,772.00 18" Headwall 6 EA $1,000.00 $6,000,00 24" Headwall 1 EA $1,430.00 $1,430.00 30" Headwall 1 EA $2,200.00 $2,200.00 Grate Inlet (3' x 3') 6 EA $1,320.00 $7,920.00 Grate Inlet (4' x 4') 2 EA $1,540.00 $3,080.00 FDOT Modified Type "D" Catch Basin wI Side Inlets 1 EA $1,760,00 $1,780.00 Throat Inlet (4' x 4') (Bottom Only) 18 EA $1,320.00 $23,760,00 Junction Box (3' x 3') 1 EA $1,100.00 $1,100.00 Tide Flex Valve 24" 1 EA $4,500.00 $4,500.00 15" Aluminum Baffle 4 EA $500.00 $2,000.00 18" Aluminum Baffle 7 EA $525.00 $3,675,00 24" Aluminum Baffle 2 EA $550.00 $1,100.00 30" Aluminum Baffle 1 EA $575.00 $575.00 12" PVC SDR 26 2409 LF $23.00 $55,407.00 Yard Drains 17 ËA $400.00 $6,800.00 Drainage Total $185,675.00 f!J24J2004. #109151 (\Ie.- 2) - RPIB"'~ 037!\o1..OOO-OO1 -EWRK UD/L~/LUU4 UI,jU t~A ¿j;j ¿bj b4::14 '!1M Ut.V Ut.ð tmIJU:l/1J I¿ 16A6 WilsonMiller, Inc. 16 Preliminary Opinion of Probable Cost Delasol Final Subdivision Plans Sanitary Sewer (PH-II) Estimated Description Quantity Unit Unit Price Amount Single Sanitary Sewer Service, Complete 26 EA $175.00 $4,550.00 Double Sanitary Sewer Service. Complete 46 EA $300.00 $13,800.00 6" PVC Sanitary Sewer Lateral 2,337 LF $10.00 $23,370.00 Cleanout 2 EA $0.00 8" PVC Sanitary Sewer (0' - S' cut) 3,570 LF $23.00 $82,110.00 e" PVC Sanitary Sewer (S' - 8' cut) 786 LF $27,00 $21,222,00 6" PVC Sanitary Sewer (S' - 10' cut) 183 LF $31.00 $5,673.00 Manhole, 4' Diameter (0' - 6' cut) 6 EA $2,500.00 $15,000.00 Manhole, 4' Diameter (S' - 8' cut) 5 EA $3,000,00 $15,000.00 Manhole, 4' Diameter (8' - 10' cut) 4 EA $3,500,00 $14,000.00 Manhole, 4' Diameter (10' - 12' cut) 4 EA $4.000,00 $16,000.00 Manhole, 4' Diameter (12' - 14' cut) 1 EA $4,500,00 $4,500.00 Drop Manhole (12' - 14' cut) EA $5,000.00 $5,000.00 4" 3M Magnetic Ball Markers (Every 200 LF and at Each Pipe Elbow Location) 1 LS $1,000.00 $1,000.00 Television Inspection and Report 1 LS $2,000.00 $2,000.00 Pump station Complete (8' dia. Wetwell, 2 -7.5 HP pmps, C-3127 #433) 1 EA $80,000.00 $80,000.00 4" PVC Forcemain 141 LF $11.00 $1,551.00 4" PVC Forcemain (C-900. CL 200) 49 LF $13.00 $637.00 Connect To Existing Forcemain 1 EA $500,00 $500.00 Remove plug and connect 3 EA $500.00 $1,500.00 Sanitary Sewer Total $223,22.5.00 6I2AJ21:I0<! . #1 og, 5' (Vir 2 . RPi..". ¡ J754.oo0.001·¡¡¡vmK . _._---~-.,._~.._..._...~_._-- vtlf c::Jf ¿VV~ v (: JV r /',1\ ¿J::f ¿bJ b~::f~ WM Ut.V Ut.:::> tgjVVb/lJl¿ WilsonMiller, Inc. 16A6 17 Preliminary Opinion of Probable Cost Delasol Final SubdMsion Plans Potable Water (PH-II) Estimated Description Quantity Unit Unit Price Amount Single Water Service, Complete (Excluding 4" PVC Casing & MagneUc Locator) 7 EA $350.00 $2,460,00 Double Water Service, Complete (Excluding 4" PVC Casing & Magnetic Locator) 52 EA $475.00 $24,700.00 4" PVC Water Service Casing wI Magnetic Locators 952 LF $7.00 $6,664.00 6" PVC Water Main (C-900, CL-200) 16 LF $16.00 $256.00 8" PVC Water Main 732 LF $16.00 $11.712.00 S" PVC Water Main (C-900, CL-200) 45 LF $18.00 $810.00 10" PVC Water Main 4.446 LF $17.00 $75,582.00 10" PVC Water Main (C-900, CL-200) 165 LF $19.00 $3,135.00 8" Gate Valve wI Box 2 EA $800.00 $1,600.00 10" Gate Valve wI Box 9 EA $1,170.00 $10,530.00 10" Air Release Valve, Complete 2 EA $900.00 $1,800.00 Permanent Bacterial Sample Point, Complete 3 EA $1,050.00 $3,150,00 Fire Hydrant, Complete 14 EA $2,200.00 $30,800.00 Flushing Fire Hydrant wI Temporary Bacterial Sample Point, Complete 2 EA $2,500.00 $5,000.00 4" 3M Magnetic Ball Markers (Every 200 LF and at Each Pipe Elbow Location) 1 LS $1,500.00 $1,500.00 Chlorination & Testing 1 LS $1,000.00 $1,000.00 Remove Temporary Blow-Off and connect 4 EA $500.00 $2,000.00 Fire Hydrant with Temporary Bacterial Sample Point 2 EA $2.200.00 $4,400.00 Potable Water Total $187,089.00 ðfl4l2OO4 -#'09151 (.er 2) . RPI-=-n\" 03 7S4.OOC00)1·£ WRK VDIL~/LVVq VI .~U tKA ¿~~ ¿bj bq~q '11M Ut:.V Ut:.:s Wilson Miller, Inc. Preliminary Opinion of Probable Cost Delasol Final SubdivIsion Plans Irrigation (PH II) Description 4" PVC Irrigation Main 4" PVC lnigation Main 900, CL-200) 6" PVC Irrigation Main 4" Air Release Valve, Complete 4" Gate Valve with Box Remove 4" Temporary Blow-Off and Connect Remove 6" Temporary Blow-Off and Connect Double Irrigation Service wIth 4" Casing Single Irrigation Service with 4" Casing Single Irrigation Service without Casing (same side) Irrigation Total 6r.!412004 - #10il!1 (Vðr 2). RPi.œm. 037S4.lJOD.<JO, -EWRK (c- Estimated Quantity Unit 4,870 LF 144 LF 104 LF 2 LF 14 LF 3 EA 1 EA 27 EA 7 EA 60 EA Unit Price $11.00 $13.00 $14,00 $425.00 $425.00 $500.00 $500.DO $720.00 $690.00 $350.00 ~ U U ( II) I ¿ 16A6 18 Ub! ¿'J! ¿'JU'I U (:;j I rl'./\ ¿;j::l ¿b;j b'l::l'l '11M Ut.V Ut.;S tmUUI:j/UI¿ Wilson Miller, Inc. Preliminary Opinion of Probable Cost Delasol Final SubdivIsion Plans Irrigation (PH II) 16 A 6 19 Amount $53,570,00 $1,872.00 $1,456.00 $850.00 $5,950.00 $1,500.00 $500.00 $19,440_00 $4,130.00 $21,000.00 $110,268.00 ar.z4I2ŒW -.109151 (""r 2)· RPlllaJnle 031~1-EWRK IJtj/L~/LlJlJq lJi:dl 1"1'.1\ Ld:j Ltjd tjq:jq WM Ut.V Ut.;:; Ig 1J1J:j/1J I ¿ WilsonMiller, Inc. 16A6 20 Preliminary Opinion of Probable Cost Delasol Final Subdivision Plans Paving (PH-II) Estimated Description Quantity Unit Unit Price Amount 12" Stabilized Subgrade 14,825 SY $1.80 $26,685.00 6" Limerock Base (compacted & primed) 11,605 SY $4,50 $52.222.50 *1 1/2" Asphaltic Concrete (Type S-III) 11 r 605 SY $4.00 $46,420.00 4" Thk. Reinforced Concrete Sidewalk 3,431 SY $3,90 $13,360.90 Throat Inlet (4' x 4) (Top Only) 18 EA $400.00 $7,200.00 Valley Gutter 8,690 LF $4.25 $36,932.50 Type "A" Curb 471 LF $7.70 $3,626.70 Type "E" Curb & Gutter (Modified) 348 LF $14.00 $4,872.00 Transition Curb (Type "En to Valley Gutter) 60 LF $10,00 $600.00 Type "E" Drop Curb 156 LF $10.00 $1,560.00 3' Valley Crossing for Sidewalk Connection 90 LF $10.00 $800.00 12" White Stripe (Painted) 320 LF $1.70 $544.00 18" White Stripe (Painted) 43 LF $2.25 $96.75 6" Yellow Stripe (Painted) 126 LF $1.00 $126.00 Street Name/Stop Sign (Combination) 3 EA $200.00 $600.00 Speed Limit Sign 1 EA $120.00 $120.00 Advisory Speed Limit Sign 2 EA $120.00 5240.00 Keep Right Sign 3 EA $120.00 $360.00 Pedestrian Crossing Sign 2 EA $120.00 $240,00 Blue-Blue Reflector 20 EA $6.00 $120.00 Paving Total $198,148.35 *Contractor shall instaJ/ asphalt In 2 lifts, providing each lift be a minimum of 314" 812<1/'20001 - .-109151 (Vel' 2) . RP¡.oenœ 037S4-OOO-o01·ËWRK ~~"..--~.",,--,-..--.--..---.'-'~. Description \'1M UtV ut~ Ií!JVIV!VI¿ Wilson Miller, Inc. 16A6 21 Preliminary Opinion of Probable Cost Delascl Final Subdivision Plans Landscape (PH-II) Estimated Quantity Unit Unit Price Amount 1 LS $80,000,00 $80,000.00 1 LS $11,000.00 $15,000.00 1 LS $5,000.00 $5.000.00 $100.000.00 Vb! ¿'J! ¿Vvq v r : d I r 1'0;<' ¿d;j ¿bd bq;jq *Planting Material Allowance "'Irrigation System Allowance -Right-of-Way Restoration Allowance Landscape Total ·Contractor shall reference Code Minimum Landscape Planting & Irrigation Plan for minimum quantities ONL Y. Code Minimum Landscape Planting & Irrigation Plan shall NOT be used for construction purposes. -Contractor shall place 1 foot of strip sod along side all oack-of-curb and seed & mUlch all unpaved areas wíthin right-of-way. eJ'24I2<XW -.109151 (_ 2) - RI'IBC8IIIe C!3Tð4«I)..(Jj'-EWRK Ubi ¿':JI ¿VUq Vi:;;I I 1"1\1\ ¿;;It! ¿ti;;l tiqt!q WM Ut.V Ut.;) WilsonMiller, Inc. Preliminary Opinion of Probable Cost Delasol Final Subdivision Plans Lighting (PH·II) Description Estimated Quantity Unit Pole and Fixture Allowance 1 LS Lighting Total Br.!<I/2004 - #1091 $1 (...r 2) . RPI8DOn\. œ7~1·EWR ( Unit Price $135,000.00 -~---_._~_.._...,-~--_......_.- ~ U II/V I¿ 16A6 22 Amount $135,000.00 $135,000.00 Vtil CJI ¿VVq iJ r : d I t" 1',)\ ¿d::l ¿tid tiq::lq Description Install PCP's (By WlIsonMiller) Miscellaneous Total 6f.24/'2004. _\09151 (Qr "I) - TRue 031~I...EWRK WM UI:;V UI:;;:; Wilson Miller, Inc. Preliminary Opinion of Probable Cost Delasol Final Subdivision Plans Miscellaneous (PH-II) Estimated Quantity Unit 1 LS Unit Price $1,000.00 ItlIVI¿IVI¿ 16A6 23 Amount $1,000.00 $1,000.00 ."......_-,,_._,--------~- 1682 MEMORANDUM Date: January 13, 2004 To: Lorraine Lantz, Right-of-Way Coordinator Transportation Department From: Maureen Kenyon, Deputy Clerk Minutes & Records Department Re: statutory Deed for the Vanderbilt Beach Road six- laning project Please find enclosed one original document as referenced above, (Agenda Item #16B2), as approved by the Board of County Commissioners on January 13, 2004. I am sure that you will need this original document for closing. Once it has been recorded, please return the original to the Minutes and Records Department. If you should have any questions, please call me at 774-8406. Thank you. Enclosure PROJECT: Vanderbilt Beach Road - 63051 PARCEL: 142 FOLIO: Part of 41823400008 1682 Prepl~ bJ: Ellen T. Chadwell. £~ire Office of the CountJ AttorAeJ 3301 East TIMiðM1 Trail Naples, Flortda 3411Z (~1) 774-8400 STATUTORY DEED THIS DEED, made this ILl day of ~ ' 20~ by THE ~OARD OF COUNTY COMMISSIONERS OF COL R COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter called the Grantor), whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter called the Grantee). (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida: The Northerly 40.00 feet of Tract 44, less and except the West 180 feet, Golden Gate Estates, Unit 95, according to the plat thereof as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by Governing Board the Board of County Commissioners acting by its Chairman, the day and year aforesaid. Property acquisition approved by BCC pursuant to Resolution No. 2002-463, November stli, 2002. ATTEST: DWIGHT E. BROCK, Clerk "\111111..,, _ ,;;~~~\;.~r:.. ~~. '«',;; THE BOARD OF COUNTY COM~lSS'QN.ERS OF COLLIER COUNTY,' FLORIÒA, AS 'THE GOVERNING BODY OF CpLLlER COUNTY; AND AS EX-OFFICIO THE GOVERNING',· BOARD OF THE COLLlER.:COUNTY WATER- ::, SEWER DISTRICT.:.' . ;/~tà'..,,, "", " " :" t" , , ¡ -. . "", .......,. " :: '", ",.,þ: ' QC -f4Æ{C';:{f#;~utÝ Clerk- " AtÜßt as to Ch4'fnu", signature Oft1 " (OFFICIAL SEAL) ~~ tlfOf'll ~1 sufftctøcl ~~ __1' œJ../<l ~/^-- Assistant CMtl AttorMJ E11_ T. a.a'J.n By: 1683 RESOLUTION NO. 2004- 02 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND/OR UTILITY EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE INST ALLA TION OF SIGNAL SYSTEM MAST ARM ASSEMBLIES AND CONTROL BOXES AT INTERSECTIONS AT SR 29 AND IMMOKALEE DRIVE, AT SR 29 AND 1 ST STREET IN IMMOKALEE, AND AT THE INTERSECTION OF GOLDEN GATE P ARKW A Y AND TROPICANA BOULEVARD. WHEREAS, due to continually increasing traffic volumes, road improvements and anticipated signal upgrades, it is now necessary and it is in the best interests of the citizens of Collier County to improve the signals, control panels and cabinets relating to the intersections at Immokalee Drive and SR 29, South 1 st Street and SR 29, North 1 st Street and SR 29, and the northwest comer of Golden Gate Parkway across from Tropicana Boulevard; and WHEREAS, in conjunction with the Florida Department of Transportation the Board of County Commissioners approved a negotiated contract for professional engineering services with the firm of Gray, Calhoun and Associates for the design of these signal upgrades; and WHEREAS, the design contract began in July of2001; and WHEREAS, Gary, Calhoun and Associates has produced a 100% design plan which shows the need for additional easements for the installation of the signal improvements as depicted on Exhibit "A" (easement legal descriptions) and WHEREAS, the construction of the transportation improvements and related facilities currently being designed by Gary, Calhoun and Associates along the project, as depicted on Exhibit "A," are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the signalization improvements at the intersections of SR 29 and Immokalee Drive, at SR 29 and 1 st Street, and at the intersection of Golden Gate Parkway and 1683 Tropicana Boulevard (hereinafter collectively referred to as the "Project") are necessary and are in the best interest of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 3. It is necessary and in the best interest of Collier County for the Board to acquire perpetual, non- exclusive road right-of-way, drainage and/or utility easements, and temporary construction easements within the Project corridor identified on Exhibit "A;" and County Staff is hereby authorized and directed to acquire said right-of-way and associated easement interests by gift or purchase. 4. The Board hereby directs staff to use independent appraisal reports or internal compensation estimates as staff detennines is necessary to best serve the needs of the Project in a timely and cost- effective manner. 5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby fonnally waives the requirement for a fonnal, independent appraisal report for the purchase of a property where the purchase price is less than One Hundred Thousand and 00/1 00 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subj ect parcels. 6. The Board hereby authorizes its present Chainnan and any subsequent Chainnan, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required for the acquisition of property rights necessary for the construction of the project. 7. In those instances where negotiated settlements are obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project Manager of his designation, is hereby delegated the authority to approve the purchase of property rights above the staff compensation estimate or appraised value, and pay nonnally related costs, when it is in the best interest of the Project, and when the difference between the proposed negotiated settlement amount (purchase price) and compensation estimate (or the appraised value) is less than -Page 2- 1683 Twenty-Five Thousand and 00/100 Dollars ($25,000.00), or the current purchasing limits established by the Collier County Purchasing Department, provided, Project funding is available. 8. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 9. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements which have been approved in the manner set forth in Paragraph 7. 10. Where the property owner agrees, through the execution of a "Purchase Agreement" or "Easement Agreement," to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those deeds, easements, or such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 11. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on this /.3 day of ~~20oy, after motion, second and majority vote. ¿/ . ' BOARD OF COUNTY COMMISSIONERS OF C°:1::G CHAIRMAN ATTEST:,,;' J' :':' '" DWIGHT Ê. BROCK, C~ERK ..,"/ By: ~,~",~.;4t:-e."4,,, .". "., ,~~. " "tê Attest I. ~,' ø.. . '.." :..", . S1gnaturt on1 fn.an·! J. Approved as to form and lrl~cienr Heidi F. ÀShton Assistant County Attorney -Page 3- (-------------------1 è------------ L -BD '--<í ____________________J PROPOSED EASEMENT FOLIO NO. DO ~~7&~J.YJr EXHIBIT A Page.,L of 10 L I ~ '-- Æ I ~ H! u~ PERPETUAL. NON-EXCLUSIVE ROAD RIGHT ..()F-W/Y, DRAINAGE AND UTILITY EASEMENT Prepared by : OCGllM'-OIHOUN ..,2909 BAY TO BAY BOULEY ARD SUITE 208 TAMPA. FLORIDA 33629 PHONE (813) 831-8870 FAX (813) 831-9375 .- ì I 4 ~ I I o o o / / / r-mr--, tl-J ~ :J~_J I - 1- 0 TV' - - - I I I I I I o \: , I~ 0) , C\J 0::, V) I \ \ \ --------------;:;--..!.....\ ~T v - - - - - - - - - ¡( - - 0 T ..¡¡ I --....~þ:.. - - o E\ - - - - - - - - - i - - 0 E - I -~ - ~ip:i~ r - B T ¡ ~ ~ ~ ~ (l ~ ~ ~ ~ ~ I ~ ~ B T (' ~ I f:-} "'/~ ; /.A/~ I" \ IMMOKALEE DRIVE 7 v --;5'0. I ~ \ \ ~ r \ )C----~- Þ .------~ '!! /01 -L ~ \ ....J~I J~ 1,.....è:1b-t- I r--i, I ) I ./J ~_..l:..~- I I I I I I I I I I I I I I -11_1_........ I I I '" I :: \1 I I , ~ \1/ ¡ ¡ : 0_ 11.1":'0::\'0 ITEM Nc._~r· - Pr:; 7 I CITY OF NAPLES/COLUER CO~TY J ( Drawn by I " ATMS 002 , ( Project No.1 INTERSECTION 984 ( Date I SR 29 @ IMMOKALEE DRIVE ( I Page ( Project Tiúe: (Y)- I '0 I -.J I I I I I I I ". I I f Ll I \.--!" I I ~ 1\)1 I I ~I '-^.::-I XMJ 2011201 ) OS/20/(J2 ) ) PUBLIC WORKS ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 (239) 659-5773 PROJECT NO.......... ;) PARCEL NO.............. FXHIBIT A PageÆof (tJ " "\C/ FOLIO NO... CO \Q1] ís:CfúD 6 TAX PARCEL NO........... PERPETUAL, NON-EXCLUSIVE ROAD RtGHT-OF-'AlAY, DRAINAGE AND UTlUTY EASEMENT LEGAL DESCRIPTION (NOT A SURVEY) THE SOUTH 15 FEET OF THE NORTH 52 FEET OF THE WEST 5 FEET OF THE EAST 55 FEET OF SECTION 5, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. --.'--.-.-"',~ AGEhDA ITEM NO..J.\,q~._~ jAN .¡ 3 2004 . ; '..~;" . (" r·... PREP'AREDB" Cy Jß:~/J P9D. T"E~. ¿r~} PROF~~~~tíi);~0~~§~~;G. ~~~..z~, TRANSPORTATION ENGINEERING DEPARTMENT. 2685 HORSESHOEDRIVE SOUTH' NAPLES, FLORIDA 34104 PARCEL 984 SHEET 1 OF 1 c::=J 6 I -.J \-.. l¡j l¡j a:: \-.. V) l- V) - 1683 -------c=~~------ /:::=- - --=" / -\ / \ ---==--=- -'- SR 29 PROPOSED EASEMENT EXHIBIT !l Pa~ <..-.'0 of II) PERPETUAL, NON-EXCLUSIVE ROAD RfGHT -OF-WAY, DRAINAGE AND UTILITY EASEMENT ) ~ AG-:iA ITEM No. lC.of, -3 J 1 3 200~ FOLIO NO. Prepared by : ( Drawn by I XM ) CITY OF NAPLES/COUlER COUNTY Gëi =^J.WBAYBO<=lARD ATMS 002 ( Project No.1 2011201 J TAMPA, FLORIDA 33629 ( Dra~ng I INTERSECTION 990 J( Date I 05120/02 ) PHONE (813) 831-8870 SR 29 C 1ST STREET Page I ) FAX (813) 831-9375 Title: ( PUBLIC WORKS ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 (239) 659-5773 EXHIBIT Jl Page H (;fll) PROJECT NO..........! 6 B 3 PARCEL NO.............. FOLlONO... 5l1f(J Q.qODO~ TAX PARCEL NO........... LEGAL DESCRIPTION (NOT A SURVEY) THE NORTH 8 FEET OF THE WEST 17 FEET OF LOT 1, BLOCK C. OF THE PLAT THEREOF, IMMOKALEE, AS RECORDED IN PLAT BOOK 1, PAGE 60, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PERPETUAl. NON-EXCLUSIVE ROAD RIGHT ..()f-W6.Y. DRAINAGE AND unUTY EASEMENT ~.- AGFtJPK' !,¡-¡-;' , ¡' No.~-3- JAN 1 3 2O:'} Pg. \0 PREPARED B ~.¿!&l!_{.......DATE..6.hf¡;. 3 ;;;:X-::-:: GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 TRANSPORTATION ENGINEERING DEPÀRTMENT. 2685 HORSESHOE DRIVE SOUTH, '. ì~' NAPLES. FLORIDA 34104 1NTER. 990 ,." SHEET 1 OF 1 I I ! '" ;: I ~ ::¡ n! H! r_-:::;-" ...1 L". ',/ ~=~=-:; r-------k Ì-___-'-- ----\...----1-- -l.-.- SR 29 PROPOSED EASEMENT EXHIBIT ,11 PageL of--1.1[ PERPETUAl. NON-EXCLUSIVE ROAD RIGHT ..QF-wAY. DRAINAGE AND UTlUTY EASEMENT FOLIO NO. ~,J1\9:¡JjJ1/(){/ðJ Prepared by : OCCilM'·CMHCUI ÞI ;~1ós TO BAY BOULEVARD TAMPA, FLORIDA 33629 PHONE (813) 831-8870 FAX (813) 831-9375 ~ >1 ~ f- 8~ 0 ~Ir;l ~~, I~ ~0 ~ 5'O·"¡ 1 \\ \ \\ \ Ii /I - a - - co -+l ~"oU I II II II I II II I II II I II I II I I I I I I I I I 1-, lLJ I lLJ ' I a:: ~ .~ I- I ~¡-T1-'> V)t I I 1-' V), - $1 ~ :( ~ /8 '611 ·1 [ In II~: "1" :CVI II II II II II II II II \I II II II \I II II II II II II II \I \I II II .II II \I A II No. II " J u 1 ~ ""'·"~I II n J ZÛ~11 II Pg.-1L- (Project I CITY OF NAPLES/COLLIER COUNTY J ( Drawn by I Title: " ATMS D02 . ( Project No.1 ( D.rawing I 1NTERSECl10N 990 J (Date I ,TItle:, SR 29@ 1ST STREET . ( Page I XM) 2011201 ) 05120/02 ) . ) PUBLIC WORKS ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 (239) 659-5773 PROJECT NO.......... PARCEL NO.............. FOLIO NO...:;) ~'S wD-4C()Cd TAX PARCEL NO........... EXHIBITrl Page IP of---W2 PERPETUAL, NON-EXCLUSIVE ROAD RtGHT ..Qf-wAY, DRAINAGE. AND unUTY EASEMENT LEGAL DESCRIPTION (NOT A SURVEY) THE NORTH 8 FEET OF THE WEST 15 FEET OF THE EAST 21 FEET OF LOT 1, BLOCK 1, OF THE PLAT THEREOF, CARSON SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 40, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. No1kßA ¡~ JAN 1 3 2004 Pg. \ d-.. PREPARED BY...~~~~~~ATE.ç:¡Ç.Û~J PRO~:L LAND SUR¥E;YOR'~F,¡:':, REG. # 2406 TRANSPORTATION ENGINEERING' ÐEP'ÂRTMENT. 2685 HORSESHOE DRIVE SOUTH ' NAPLES, FLORIDA 34104 ' , PARCEL 990SW SHEET 1 OF 1 I I : ~ ~ .. ;: I ~ ~!ilì> !itS ~1! EXHIBIT A Page~ of-LlL PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND unUTY EASEMENT FOLIO NO. tr, jt/t/4!t QiJO 0/ PROPOSED EASEMENT - - I- lLJ l¡J IV) - Lra.o. ,.-~ /l/1AJ SR 29 IN?§! - - - - - - - - - -:.-::-w = = = = = = = = = = = = = = = = = = = = = = = = = = = = = - 1= ~ t:. . I I Prepared by : ocGlAY·CAI.HCUoI1Þ ~~16s TO BAY BOULEVARD TAMPA, FLORIDA 33629 PHONE (813) 831-8870 FAX (813) 831-9375 ( D.rawing I Title: INTERSECTION 990 SR 29 @ 1ST STREET I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I co Pg. ~ 'Ô ( Drawn by I ( Project No.1 )( Date I ( Page I XM) 201120' OS/20/02 ) ) PUBLIC WORKS ENGINEERING DEPARTMEN~ B.3 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 (239) 659-5773 PROJECT NO.......... ~~~'B~ ~ D PARCEL NO.............. FOLIO NO... ~/f.Þß!t?;;aJvtf TAX PARCEL NO........... PERPETUAl. NON-EXClUSIVE ROAD RIGHT-oF-wAY. DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION (NOT A SURVEY) THE SOUTH 10 FEET OF THE EAST 27 FEET OF THE LOT 23, BLOCK "A" OF THE PLAT THEREOF, FRED WHIDDEN SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 36, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. ~~ No~G~ïi f~~ JAN 1 3 2004 C ,'79. \~ PREPARED By...'::-:;2~;:;;<~..........LDAtE, ....c: .~~J ~..~ GEORGER.'~CHMOND·:c ,~.~ PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 TRANSPORTATION ENGINEERING DEPARTMENT. 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 ' PARCEL 990NW SHEET 1 OF 1 168 FOLIO NO. ~3, 0~lôUô7 E,\- ; Bfr: ¡J p a~v-.!L of I/J TEMPORAR.Y ~ONSTRUCT1ON 'c ,::,.,.~~,," v(DURATlON: 3 YE;.,· ".)01":. '-;")MMENCEMENT OF CON~ r RU~ 11-/ !. I ~ i ; ~9~ ~~!I , , . ::I~ ...A ~ ~ c=-> ~ -V ~~ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 0--0 <" ( \ ",_..... "'-'" '-' PROPOSED EASEMENT \ \ \ \ \ \ \ /' /'" /" /" \ / " /''' ,4 ,/ / /"// /" / " \ \\ \\ '\ \\ ,\ \\ \\ \\ ^/' \\ \\ "-/, \\ \\ ,>0. .,- \\ \\ /' \\ \\ .,-A /' ,\~, '1('.,- \-- ~..../ /' (",ì -,/ - 'J " \ry Prepared by : (Project I CITY OF NAPLES/COLLIER COUNTY J ( Drawn by I ,Title: " ATMS DG2 . ( Project No.1 Drawing INTERSECTION 589 ( Date I Title" GOLDEN GATE PARKWAY@¡ . TROP1CANA BOULEY ARD (Page" XM) 2011201 ) OS/20/02 ) ) OCCilW·CAUtOI.I\IIÞ ;~1Ós TO SAY BOULEVARD TAMPA, FLORIDA 33629 PHONE (813) 831-8870 FAX (813) 831-9375 PUBLIC WORKS ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 (239) 659-5773 PROJECT NO.......... PARCEL NO.............. FOLlO NO... 3(ð 3 \ÚJ~1C£t.) 7 TAX PARCEL NO........... EXHIBIT A page.-llL ot:m LEGAL DESCRIPTION (NOT A SURVEY) THE SOUTH 11 FEET OF THE WEST 12 FEET OF THAT PARCEL AS DESCRIBED IN O.R. BOOK 3043, PAGE 1194, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TEMPORARY CONSTRUCT1ON EASEMENT (DURAT1ON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Aq~N!1t '~~ No.~ JAN 1 3 2004 ./ /2 ¿.Pg. PREPA::~~6:ili~íi~~~~~ÄR~~f~ZE~~~.~J TRANSPORTATION ENGINEERING DEPARTMENT. 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 PARCEL 589 SHEET 1 OF 1 1683 PROJECT: Immokalee Signal Easements PARCEL: 1 FOLIO NO. 00127600008 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this .1-.~tday of .fl.cð¡-6-t-- ,2004, by and between STAR MOBilE HOME PARK, LLC, a Florida limited liability corporation (hereinafter referred to as "Owner"), whose address is 1507 West Immokalee Drive, Immokalee, Florida 34142, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement over, under, upon and across the lands described as: The South 15 feet of the North 52 feet of the West 5 feet of the East 55 feet of Section 5, Township 47 South, Range 29 East, Collier County, Florida (hereinafter referred to as the "Easement"). WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Easement to Purchaser for the sum of $500.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages, including business damages, in connection with conveyance of said Easement to Purchaser, including all attorney's fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Page 2 1683 5. Owner represents that the property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, ctaims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Purchaser shall pay for all recording fees for the Easement instrument(s), and for any and all costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgagees) recorded against the property underlying the Easement from the mortgagee(s), and for the fees to record any curative instruments required to clear title, except for any and all costs and expenses required to secure and record releases and/or satisfactions from judgment creditors, which fees, costs and/or expenses shall be the responsibility of the Owner. In accordance with Statutory exemptions prohibiting payment of documentary stamp taxes by Purchaser, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) I.. (, 1683 Page 3 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS W~ the parties hereto have executed this Agreement on this dlnrday of () ,2004. Property acquisition was approved by BCC pursuant to Resolution No. 2004-02, on January 13, 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COU Y, FLORIDA I ~~ ~ , Chairman AS TO OWNER: STAR MOBILE HOME PARK, LLC, a Florida hOO~ " NAC!O SOTO, Managing Member DATED~:'1:L ~ili k Itness (Signature) Name:~Cr'Yle(\ 5bto (Print or Type) U(¡ý( (/\ (!r/}"Ynf',1 ~J ý(~l)~ '--t/ Witness (Signature) \J Name: õ0()..'{'~ _C' (\ {. \W (\~\ . \ ~\)E'L- (Print or Type) ',-- Approved as to form and legal sufficiency: ÆV~ ~ Heidi F. Ashton o ... Assistant County Attorney Item # \ <D ß '3 ~'f~_ ~~:da l-lå~ Date I ð .¿.') -Ö' r Rec'd ~ 'f ~ -~~, ...). ..¡:-~ .~ ~ ~~~:J-bY County App~ser) Form 3722 (Stocked) Rev. f/94 I nls Instrument Prepared By Name: Jim Merriam Co. Name: FPL Co. Address 26430 Old 41 Road Bonita Springs, Florida 34135 Page 1 of 2 16Cl t .~ ~F'l ~. J Sec.2i, Twp 48~ Rge 25 E l-J..- The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for tne construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width described as follows: Resemd for Circuit Court An FPL Company easement more particularly described on Exhibit A attached hereto and made a part hereof. Said easement prepared by Hole Montes, dated 10/03. Together with the right to pennit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for comnnmications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep tnmmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of conmnmications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. ..~ti~;1;~~~TED: ~J~~ý .,.~, ".!.."- _ .~ I.: . ~. . f-.. .. ~~~ . èÇ~~~GHT \B~K. C erk <"q:'?-B;' 'AI,; 0L ?~,,:" . Dè.þú!y~~lerk "A~ . t::~' té(Ch¡ f,..... 'I Hçnature anly_ Approved at to form ::i!:ff~~_ Thomas C. Palmer, Assistant County Attorney By: OMMISSIONERS, ORIDA. 3333003 OR: 3488 PG: 1466 RICORDID in OffICIAL RICORDS of COLLIIR COJRTY, lL 01/22/2004 at 02:02PM DWIGHT I. BROCK, CLB~K RIC PBI 10.50 DOC-.70 .70 COPIIS 2.00 Retn: PUBLIC U'lILI'lIBS BLDG H 3RD PL IHTBROPPICB ATTR:PITIR SCHALT . , ·'!=il.:. :..,;., ..... *** OR: 3488 PG: 1467 *** 96FPL2.'dwg Tab: Mod~l Nov 13, 2003 - 3:tgpm Pl~tt~d b~: ~lff~moc~r O0 z P~ $~ 4SS, Rge 25 E ?arccl I.D. # (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 7/94 This Instrument Prepared By Name: Jim Merriam Co. Name: FPL Co. Address 26430 Old 41 Road Bonita Springs, Florida 34135 Page 1 of 2 The undersigned, in consideration of the payment of $1.00 and other good and v~luable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florid~ Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the consU'uction, operation and maint.enance of overhead and underground elecmc .utility .fac~tie.s (i~..elu, ci~n, g w~r. es, .poi. es, guy~, cables, conduits and appurtenant eqmpment) to be ,mstalle,cx x~o.m nme to t~,,e; w{.,m the right to reconstruct, improve, add to, _ex~l?ge, c..n~, ge me voltage: ~.wel.~ as,. ,m.,e size of and remove such facilities or any of them w~tmn an easement lo teer m wmm described as follows: for Circuit Court An FPL Company easement more particularly described on Exhibit A attached hereto and made a part hereof. Said easement prepared by Hole Montes, dated 10103. Together with the right to permit any other person, firm or corporation to a ~tm, ch ?jr.'es?. any facilities hereunder,and lay cab!e ,an.d. cond?it within the easement and to operate the same for co,z-~fi. '. 'cations. puq?os.es; m,e .ngAt..ox m .~.,s.s .a;n, a egress to sma.pre.r~s, es a[~ au.am?,; me right to clear the land and keep it cleared of all trees, undergrowth ana omer oos. trucnons w~mm me, e.a;s, emex3t .area;? trm~.?na ~,t, ana ~ce, ep a-m-ned and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area wmcn rmgnt mtermre v~m or ran upon me lines or systems of cmx,,anicafions or power transmission or distnbunon: and further groom to the fullest extent the undersigned has the ~i.o. ghwer to grant, if at ali, the rights hereinabove g~anted on the land heretofore described, over, along, under and across the roads, streets or ways adjoining or through said property. BOARD OF C/OUNTY. ~OMMISSIONERS, Chairma~r a,~d legal sufficiency: ',"homas C. Palmer, Assistant County Attorney 3333004 OR: 3488 PG: 1468 RBC~'RDSB in OFFICIAL R~CORDS O[ COLLIBR COUIIW, FL 0:/22/2004 at 02:02PN DWIGHT K, BROCK, CLBRK RfC FI! 10,50 DOC-.?O .10 :OPIIS 2,00 Retn: FUBLIC U?ILITIBS BLDG H 3RD FL INTHROFFIC! ATTN:PBTBR $CHALT *** OR: 3488 PG: 1469 *** 6FPl. l.dwg T~b: IdodM Nov 13. 200~ - 8:590rn Plotted by:. J.rr~d~lffMmochnr 16Cl ~' O0 3NCI XyM-..-IO-J. HOI~J ),,q~31.SV3______ ..---...---- __.____ LETTER OF UNDERSTANDING BETWEEN The Collier County Wastewater Department, Naples, Florida and the National Biosolids Partnership for Establishing an Environmental Management System Covering Wastewater Solids and Biosolids Management Demonstration Project National Biosolids Partnership 16Cz Working to ensure environmental excellence in bioso/ids management Management Committee Robert W, Hite Chair Delwer CO Albert C. Gray, Ph.D., P.E. WEF. Ale×andria, VA Ken Kirk AMSA Washington, DC Richard D. Kucheorither, Ph.D., P.E. Kansas City. MO James Hanlon U.S. EPA, Advisor John M. Walker, Ph.D. LIS EPA, Advisor Steering Committee Cecil Lue-Hing, Ph.D. Chair: Chicago. IL Hershel Elliott, Ph.D. University Park. PA Richard Fieger King County, WA Jane B. Forste Arnold, MD Tim Frank Huntsburg. OH James Home US EPA Ernie Kelley Waterbary VT Robert O'Oette Houston TX A. R. Rubio, Ph.D. Raleig~ NC Paul Schur WiJliogton. CT Prakasam Tata. Ph.D. Chicago IL William E. Toffey Philadelpilia, PA 6ary G. Van Riper, Ph.D Lakewood. CO Jos~ Velasquez Denver, CO AMSA Biosolids Management Committee Robert P. Dominak Co-Char: Cleveland, OH Raymond J. Kearney Co-Chair: Los Angeles CA WEF Residuals & Biosolids Committee Mark E. Lang Chair: Rochester. NY Richard Christy Vice Chair: Norristo,,vn. PA 601 Wythe Street Alexandria, VA 22314-1994 703/684-2418 (tel) 703/684 2492 (fax) December 8, 2003 Mr. Tom Henning Chair Board of County Commissioners Dear Mr. Henning: This agreement is between the Collier County Wastewater Deparlment, Naples, Florida (The County) and the National Biosolids Partnership (NBP) located in Alexandria, Virginia. The County and the NBP agree to work together on a Demonstration Project to test the Environmental Management System (EMS) blueprint for biosolids management that is being prepared by the NBP. The Demonstration Program, which includes approximately one hundred Demonstration Projects, is taking place from January 2000 to December 2005. The County will be recognized as one of the EMS Demonstration Projects. Objectives of the Demonstration Program: The objectives of the Demonstration Program are: 1) To assist organizations to establish EMS's based on the "blueprint" developed by the NBP 2) To evaluate the components of the blueprint; and 3) To gather information about EMS implementation by the Demonstration Organizations that will allow the NBP to expand the EMS program to full-scale implementation in 2004. Wastew~er Solids and Biosolids Management: This includes wastewater pretraatment, treatment, and beneficial/disposal of biosolids please visit our website at: www. biosolids, org biosolid n (1990): solid organic matter recovered from waste water treatment process and used, esp, as fertilizer - usually in pl. 1604 EMS Bluep~nt The blueprint has five components: 1. ) The Code of Good Practice; 2.) The National Manual of Good Practices; 3.) 'The Elements of an Environmental Management System 4.) The EMS Guidance Manual 5.) The Independent Third-Party Verification Program The Blueprint documents are found on www. biosolids.org ~ of the National Biosolids Partnership To assist The County in completing each of the steps toward development of a bioeo#ds EMS, the National Biosolids Partnership makes the following commitments: - The N~P will assist The County in establishing an EMS by providing the EMS Biu~t documents, an EMS Implementation Plan and technical assistance to prepare the EMS consistent with the NBP Blueprint. Technical assistance will include two on site visits by the NBP's consultants, one visit will include the preparation of a draft EMS Implementation Plan for The County's biosolids program and the second will include a review of The County's draft EMS; the ~ ,will also provide up to three national training workshops on preparing the EMS to meet the NBP's requirements. NBP consultants will also be available to provide advice via telephone during the preparation of The County's EMS. Because of grant money uncertainty, the NBP will commit technical resources for 12 months. Upon satisfactory progress in the development of The County's EMS and availability of 2004 grant money, the NBP will continue to provide technical asaiatance for the remaining 6 months of the program -The NBP will take appropriate steps to recognize The County's effort to develop an EMS at national biosolids conferences and through other suitable venues or Ill. ans. -The NBP will provide a certificate to The County documenting its membership in the NBP Code of Good Practice Club. - The NBP will publish a report on the experiences of the organizations that participate in the Demonstration Program. The report will also contain recom~ions for ways to strengthen the NBP's EMS Program based on these experiences. Commitments from the Collier County Wastewater Department, Naples, Florida - The County commits to implementing the National Biosolids Partnership's "Code of Good Practice" (Attached) , - Following the results of the Implementation Plan Site Visit - The County will develop an EMS that is consistent with the NBP's EMS blueprint and will start operating within 18 months and will start operating by June 2005 at the latest. - The County will participate in up to three two-day training and information exchange workshops with-the other Demonstration Organizations during the 18 months. - The County will share its EMS experiences with other organizations and share related information at local, regional, or national conferences and meetings. -The County will provide feedback to the NBP on the EMS blueprint and document costs, benefits and other relevant information through short quarterly progress reports and a final report. Points of Contact National Biosolids Partnership Collier County Wastewater Department, Naples, Florida Mr. Robed Hite Chair ~ National Biosolids.Partnership 601 Wythe Street Alexandd¢, ;VA 22314 Chair Board of County Commissioners and legal sufficiency Attachment 16C4 The Code of Good Practice ("the Code") is a broad framework of goals and commitments to guide the production, management, transportation, storage, and use or disposal of biosolids. Those who embrace the Code and participate in the EMS commit to "do the right thing.' Code subscribers and EMS participants pledge to uphold the following principles of conduct: ~: To commit to compliance with all applicable federal, state, and local requirements regarding operations and reclaimed water production at the w~er treatment facility, and management, transportation, storage, and use or di~osel of biosolids away from the facility. I~mdm:t: To provide biosotids that meet the applicable standards for their intended uae or disposal. ,,." ........... .............. ' I~magemeat System: To develop an environmental managerne~ system for biosolids that includes a method of independent third- party verification to ensure effective ongoing biosolids operations ~ M~: To enhance the monitoring of biosolids production and management practices. Qual~ Practices: To require good housekeeping practices for biosolids production, processing, transport and storage, and during final biosolids use or dispesai ~tions. ~ and Emergeacy Response Plans: To develop response plan for unan~icip~ed events such as inclement weather, spills, and equipment 5uai~table Management Practices and Operations: To enhance the environment by committing to sustainable, environmentally acceptable biosolids rnanage~ practices and operations through an environmental management syslem. I~laln~eaance: To prepare and implement a plan for preventive for equipment used to manage biosolids and wastewater solids. ~ ia~m~,emeat: To seek continual improvement in all aspects of biceo#ds ~ment. C--__-7-~-_~_'-_'--~_~-__-_-_: To provide methods of effective communication with gatei~N3em, stakeholders, and interested citizens regarding the key element of each environmental management system, including information relative to system performance. The I~lJm~ Bloeol~ Partnemhip's Environmental Management Initiative The NBP will assist local municipalities and pdvate companies in implementing their EMS programs by developing the following components or "tools" of the EMS blueprint for each facility to use when implementing an EMS. These tools are now available on the NBP's Web Site at www. biosolids.org. -A Code of Good Practice that defines broad goals to guide biosolids management programs. -A National Manual of Good Practices describing the full range of management ~ including pretreatment, treatment, and beneficial use or disposal practices. Each facility selects practices appropriate to its situation. -Elmmmts of an Environmental Management System (EMS)-These are the ~n management areas that need to be part of an EMS -EMS Guidance Manual- the guide to prepare the EMS to meet NBP's EMS requirements -Independent Third Party Verification-The NBP is in the process of registering three audit companies to conduct the third party audits. RESOLUTION NO. 2004 - _o 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ADOPT A POLICY GOVERNING SALE OF RECLAIMED WATER ONLY TO UNINCORPORATED AREAS WITHIN COLLIER COUNTY WHEREAS, the Collier County Water-Sewer District desires to adopt a reclaimed water policy to sell reclaimed and other supplemental water exclusively to customers in the unincorporated areas of Collier County to protect and obtain the best usage of this limited resource; and WHEREAS, the Collier County Comprehensive Plan mandates dual water services for all new developments and the Florida Department of Environmental Protection mandates that each wastewater utility shall have a disposal of reuse program based on the number of customers served by the utility. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Collier County Water-Sewer District (District) shall provide reclaimed and/or supplemental water service only pursuant to separate written agreement applicable to each respective clearly defined and described reclaimed and other supplemental water service area located within the then existing boundaries of the District, and no such agreement shall authorize or allow the District to supply reclaimed water or supplemental water to any area then situate within the geographic boundaries of a municipality. Also, each such agreement entered into, renewed or extended by the District after the effective date of this Resolution shall include the following provision: "In the event that all or any part of the land area to be served with reclaimed water pursuant to this agreement is annexed into a municipal corporation, either party to this agreement shall have the absolute right, without any liability whatsoever to the other party or to any other individuals or entities, to terminate this reclaimed and other supplemental water service to the area annexed into the municipality by giving the other party to the agreement not less than ninety (90) days and no more than three hundred and sixty-five (365) days advance written notice of the terminating party's decision to terminate this reclaimed and other supplemental water service to the geographic area annexed into a municipality." Should an excess amount of reclaimed or other supplemental water, or both, become available to the District in the future whereby there then exists no viable demand for such surplus reclaimed or surplus other supplemental water, or both, anywhere in the then unincorporated area of Collier County, the District will consider the possibility of selling only such surplus reclaimed and surplus other supplemental water to service areas that are situate outside the then existing unincorporated area of the County. This Resolution is adopted after motion, second and majority vote favoring adoption this day of January 2004. ATTEST Dwight E. Brock, Clerk ~. Attest as,~ Chatma~.~ ~:. ~s t gaatur~ on'l.~, · ¢ APproved as to fo~' and legal sufficiency: '~6~' ~YP~lmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, EX-OFFICIO THE GOVERNJ~G BOA. P,/D OF THE COLLIER COUNTY ~--~2R-S~ ~TR!CT By: '~'J~ ~"-'" - , C"~h rman FIRST ADDENDUM TO AGREEMENT 1601 ADDENDUM to the Agreement between Stock Development LLC, (Contractor), and the Board of County Commissioners of Collier County, Florida, a political subdivision of the State of Florida ("County") WHEREAS, the County and the Contractor entered in to an agreement to provide improved lighting at Eagle Lakes Community Park on October 28, 2003; and WHEREAS, this addendum to the agreement provides a modification of the scope of services, more specifically, the installation of glare shields instead of lighting fixtures; and WHEREAS, the County is agreeable and the Contractor has volunteered to pay for the glare shields and labor to perform the service; and WHEREAS, the County agrees to maintain the shields installed at the park site upon completion of the work; NOW, therefore, in consideration of the promises and mutual convents hereinafter contained, the Contractor hereby agrees to undertake said services outlined below. Section A, Scope of Services, Article 1 shall be amended to read, "Stock Development, LLC, agrees to be responsible for the installation of approximately 221 light shields at the site identified by the Collier County Parks and Recreation Department as the sports field of the Eagle Lakes Community Park (hereinafter, 'the site')." IN WITNESS WHEREOF, the Contractor and County, have each, by and authorized individual executed this ADDENDUM to the AGREEMENT this ./_~ T&. dayof Witnesses: /-../ ~ ATTEST': ..... ~,' ,. DWIGH~.t~O,C,K, CLERK gy~~~~~ Approved as m ~o~ and Legal sufficiency: Robert N. Zachary Assistant County Attorney STOCK DEVELOPMENT, LLC, a F[,9,rida L imite~~ By: ~.,/'/'--t /"./ .~ '- BOARD OF COUNTY COMMISSIONERS OLLI R T Z2 , Chairman AGREEMENT THIS AGREEMENT, made and entered into on this 13th day of January 2004, by and between Floraquatics, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: o COMMENCEMENT. "This Agreement shall commence on the date of approval by the Board of County Commissioners and shall terminate two (2) years from that date. The County may, at its discretion, and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall perform exotic vegetation removal in accordance with the terms and conditions of RFP #03-3568 and the Contractor's proposal hereto attached and made an integral part of this agreement. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). Payment will be made for the work completed and accepted upon inspection by the County. Retainage in the amount of ten percent (10%) shall be withheld from the payment and will not be released until all work, including follow-up treatment of re- growth has been completed, inspected and accepted by the County. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S. otherwise known as the "Florida Prompt Payment Act". NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Floraquatics, Inc. 17831 47th Court North Loxahatchee, FL 33470 Fax # 561-791-2015 All Notices from the Contractor to the County shall be deemed duly faxed to the County to: s~ervOd l~m~alle7 or'' Collier County Government Center Attn: Steve Carnell, Director Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Fax # 239-732-0844 The Contractor and the County may change the above mailing addresses and or fax numbers at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. o NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. o NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: go Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Bo Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 12. 16 E2 ' INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks & Recreation Department. 4 13. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, and RFP #03-3568. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight El' Bi;0ck~'CJerk'~f, Courts l~ated: ~ / First Witness Dan~-~5. Michels Sonia Young SType/print witness names Approved as to form and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman -- ~ Contractor Signature Vanessa L. Michels, President Typed signature and title CORPORATE SEAL (corporations only) FROM : FAX NO. : 5G13331510 Jan. 01 2E~3 01: 44RM P1 ..A~,,ORD. 'CERTIFICATE~0F LIABILITY INsuRA~NCE '" Hannifin &Associates Inc. #1788 561-795..6228 o~.Y ~ ¢0.F!.~ ~0 maim ~ ~ C.F.~'r~..~T~ . 1300 Corporat~ Center Way 10SC · ~I.T~R, THECOVERa~E ~ ,BY THE POLICIES !~, ,ow, · Wellington Florida 33414 m~.~m" ,.su.~ SoOttsd~le Insul~ince .. Floraquatics, Irc ,,~,~" ~8~tl~LtlLort Irisurance 17831 47th Ct North Nsunmc~ _. Loxaha~ FI. 33470 mau, m~ ~~ .... ,. , THiS CERTIFICATE IS ISSUE." AS A MATTER OF INFORMA~ ONLY AND CONFERS NO RIGHT~ UPON THE CERTIFICATE HOLDER. THIS CERTIRCATE DOES NO' r ~ J~IEND, EXTEND OR ALTER THE COV COLLIER COUNTY GOVI: ;:NMENT CENTER PURCHASING DEPT.- PU :.CHASING BLDG 3301 E TAMIAMI TRAIL NAPLES, FLOR{DA 34112. -=RAGE AFFORDED 13'f THE POLICIES BELOW. ...... N~D INSU~EO ' Name end A~lre~. of Insun~l FLORAQUAT)CEL INC 17956 49TM ST~'.EET NORTH LOXAHATCHEE, FLORIDA 33470 notwithstanding arty requ~emen, ~arm or c,3ndilion of any ~ontract or other document wM~ ~egpect ta which this certificate may b~ issued or may pMta~. The insurance afforded 3, the policies dee~rib~l herein i~ ~4~bject to all {he tm. exch~¢,n$, and conditions of such p~licies. ,I?,E OF II~ISUR. ANCE AND LIMITS Poltcy Effective Expiration COMI~.R~IAL GEk~ERAL UABII. TY Number Dale Date Jmit Amount GENERAL AGGREGATE UMIT i~ ~ :her ~ Pm~uc~s - C~mpleted Operations) P~O1XtCT$ - COMPLETED OP ~ ~ ~,;I'IOH~ AGGREGATE LIMIT PERSONAL AND ADVE~TISIN( ~ I d JURY LIMIT F_.ACH OCCURRENCE LIMIT PHYSICAL. DAMAGE LIMIT ANY ONE LOSS ANY ONE PERSON AU~ILE LIABILITY ""' Coveral~ .. ~ Limits WORKERS'. COMPENF~ATION _. i STATUTO,R,Y - ~li~, o~y 11~ the fOllo~in~ EMPLOYERS' J BODILY INJURY BY ACCIDENT j $ , .. ] BOmLY INJURY ,B,Y DI~ ......... J $ , pOLiCY. .... policy Effective - --~ Expimtio~ Num~ 48866342 D~ 6112103 D~t. 6/12/04 EACH ACCIDENT ~H EMPLOYEE ANY AUTO [] OWN~;D A. 1OS E! HIRED AUTOS SPECIFIED ACq'OS F'INON-OWNEDAUTOS OWNED PRIVATE PASSENGE I t AUTOS OWNED AUTOS OTHER TH~ l' PRIVATE PASSENGER UMBRIFJ.LA LIABILITY Policy Number 0 Liml~ C~bite~l 8~l]le Limit of Lial~ili~/ eOI~LY ~URY & PROP~'~ ~AGE j $ 0 [ EACH A~IDENT $ 500,000 ~CH OCCURRENCE $ GENERAL AGGREGATE t sPRODUCTS-COMPLETEDOPE~TIONSAGGREGATE OTHER (Show Policy Eftective E xptmtion typ~ d Poll~) Nm11~l~r Date Date DESCRIpTIoN OF OPEP. ATIC~..'-9C. ATIONSNEHICI_ES,/RE$'Ti{lCTtONS/~PEClAL ITEMS ADDITfONAL IN,S, URED: ,C;; !:LIER COUNTY ..... CANCeLLaTION ~~*~ ~L21 Number of deye nolic~ i) 1/6/04 Sl~.uld any of the above ~ ~ ~ be carmelted before the expkat,on date, the i~sui~tg company will endeavor [0 mail within the nufnber of days~ e~emd at} > '.~, writte~ no{Joe t= the celtlflcate holde~ named above. IAA fil~Jl'e to mail such notice sttall b3tp0~e ~1o obligetl0ft Or [.)1 G523-2 RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" mt 6 E2 COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DIVISION Purchasing Department 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 Telephone: (239) 774-8995 Fax: (239) 732-0844 DATE: October 1, 2003 http://co.collier.fl.us TO: Prospective Proposers FROM: Scott Johnson, Purchasing Agent Purchasing Department SUB J: RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Pursuant to direction by the County Manager, Collier County is seeking proposals from firms interested in providing exotic vegetation removal services on an as-needed basis under an annual contract. Please refer to the Legal Advertisement contained in the enclosed Proposal Package for the time and the due date for proposal submission. All Proposals must be forwarded to the County Purchasing Director's Office, Purchasing "G" Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida 34112. The services shall include, but not be limited to the "Scope of Services" as described in the attachment. If you have any immediate questions regarding the intended Scope of Services, you may contact Mr. Scott Johnson, Purchasing Agent, at 239/774-8995, Fax 239/732-0844 or email: ScottJohnson@colliergov. net. We look forward to your participation in this process, cc: Doug Suitor, Natural Resources Joe Delate, Parks & Recreation Kyle Lukasz, Pelican Bay Services RFP//03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" PUBLIC NOTICE OF REQUEST FOR PROPOSALS Pursuant to action approved by the County Manager, Sealed Proposals for an annual contract for County wide exotic vegetation removal will be received until 3:00 p.m. on October 24, 2003 at the Purchasing Department, Purchasing Building "G", Collier County Government Complex, Naples, Florida 34112. RFP #03-3568 "Annual Contract for Countywide Exotic Vegetation Removal" When a project is in excess of $50,000.00 and more than thirty (30) days in duration, the successful Contractor(s) may be required to furnish the necessary Payment and/or Performance Bond, using the form prescribed in Exhibit A, pages A:I through A-3 of this Document. The Performance Bond, and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. All proposals shall be made upon the enclosed forms requesting pertinent information which will be used by the County in making its evaluation of the proposals. All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal specifications. Any firm who is a recipient of County funds, or who proposes to perform any work or furnish any goods under this RFP shall not discriminate against any worker, employee or applicant or any member of the public based on age, race, color, sex, religion, national origin, disability or marital status, nor otherwise commit an unfair employment practice. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /S/ Steve Carnell Purchasing Director This Public Notice was posted in the Lobby of the Purchasing Building "G", Collier County Government Center on October 1, 2003. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Scope of Services General Information Collier County is seeking the services of three (3) or more qualified, professional firms, properly licensed in the State of Florida, to provide complete exotic vegetation and other nuisance vegetation removal services. Services shall include, but not be limited to, the following: Exotic vegetation and other nuisance vegetation removal by manual and mechanical methods including chemical and physical removal. The applicator(s) of any herbicides shall be State licensed (copy of license(s) including Pest Control Operator's license, to be furnished with proposal) and the treatments shall be in accordance with Florida State Law and label requirements. Trees, bushes, 'and other vegetation may be cut with machetes, chain saws, brush trimmers, etc., and/or treated with chemicals, or removed by other methods, depending on the requirements of the particular project and as directed by the County. Work hours shall be 7:00 a.m. to 5:00 p.m. Monday through Friday unless otherwise directed by the County Project Manager or their designee. Vehicles and equipment shall be parked in areas designated by County, and may be parked overnight with the prior permission of the County Project Manager or his designee. The Contractor shall furnish all labor, material, supervision, equipment, supplies, tools, services, disposal methods and all other incidentals required to perform all exotic and other undesirable vegetation treatment and/or removal. Due care must be given so as to not damage or destroy mangroves or other desirable vegetation within the area of exotic treatment. When removal of exotics or other undesirable vegetation occurs, due caution should be given to the surrounding habitat. Surface area should be disturbed as little as possible. Native vegetation damaged during treatment will be replaced according to County Code. Species to be removed during the project currently include: Category 1 species listed on the current Exotic Pest Plant Council (EPPC) invasive species list as well as, Brazilian Pepper (.Schinus terebinthifolius.), Melaleuca (Melaleuca quinquenervia), Air Potato (Dioscorea bulbifera.) Australian Pine (.Casuarina spp_.), Java Plum (Syzygium cumini), Woman's Tongue Tree (Albizia lebbeck), Earleaf Acacia (Acacia auriculiformis), and Downey Rosemyrtle (Rhodomyrtus tomentosus), Tropical Soda Apple (Solanum viarum), Old World Climbing Fern (Lygodium japonicum), Latherleaf (Colubrina asiatica), Catclaw Mimosa (Mimosa pigra), Carrottwood (Cupianopsis anacardiodes), Bishopwood (Bischofiz javanica), Schefflera (Schefflera sp.), Laurel Fig (Ficus microcarpa). Other species may be added as the need arises, including those on the current Exotic Pest Plant Council (EPPC) invasive species list, and/or any other undesirable species and this list shall not be deemed all-inclusive. CONTRACT TERMS: The contract term shall be for a period of two (2) years commencing on the date of approval by the Board of County Commissioners. The County, at its discretion, shall have the option to renew this Agreement, following the above initial term, for two (2) additional one (1) year periods under the same terms and conditions as in the first-year contract. RFP #03-3568 - "Annual Conla'act for Countywide Exotic Vegetation Removal" e Access/Easements: The County shall provide the Contractor with information concerning available legal access to the designated work site. Safety: The Contractor shall perform all exotic vegetation treatment operations in an orderly and safe manner. Contractors shall be required to comply with the current County Maintenance of Traffic (MOT) policy, if MOT is required by the project. Notification: The Contractor shall be responsible for keeping the Collier County Project Manager or their designee advised at all times of his work site location and proposed schedule for performing the work required under this contract. Clean Up: All work sites shall be cleaned up and left in a neat and orderly manner including picking up and removal of all loose and unsightly vegetation materials on a daily basis. Included in cleanup operation shall be the removal and proper disposal of all trash, trimmings, and debris deposited on site. Any ruts made in the soil shall be removed by Contractor. Final Acceptance: All work scheduled for completion under this Contract shall be substantially completed according to the Work Order requirements. Final acceptance by the County shall be after a two (2) month mortality evaluation period from the substantial completion date. At final acceptance, the Contractor shall demonstrate to the County that all exotic vegetation on site has been exterminated to the County's complete satisfaction. Any re-growth of stumps, cut limbs, or newly discovered exotic plants shall be properly removed by the Contractor at no additional expense to the County. Following any re-treatment, there shall be a one (1) month mortality re-evaluation period to determine effectiveness of re- treatment. When a period of time is referenced 'by days, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the County, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or legal holiday. Method of Payment: Payment will be made for the work completed and accepted upon inspection by the County for complete exotic removal. As a method to assure completion of the total project, retainage in the amount of ten percent (10%) of all work completed will be withheld from the payment. The ten percent (10%) retainage will not be released until all work, including follow-up treatment of re-growth has been completed, inspected, and accepted by the County. Non-Performance: In the event the Contractor fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the County Project Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. The selected Contractor(s) will be responsible for providing complete exotic vegetation removal services for a wide range of projects as may be required by Collier County. The RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" selected firms shall be responsible for knowledge of and compliance with all relative local, state, and federal codes and regulations. The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work service assignments shall be at the sole discretion of the County. Should any project that is active extend past the contract termination date, that contract shall be extended until completion of such project. This Contract will be available for use by all County Departments. The Contractor(s) and the County agree that member entities of the Southwest Florida Purchasing Consortium as well as other County agencies and the Collier County Airport Authority may participate in this contract. Offer Extended to Other Governmental Entities: Collier County encourages and agrees to the successful bidder/proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder/proposer. Procedures: The procedure to be followed will be determined by the value of the project. The procedure for projects with a value of $25,000 (or current County bidding threshold) or less are outlined below: 1. Summary of Work to be provided to one of the selected firms; Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. Issuance by Owner of a numbered Work Order. Procedures for projects with a value of $25,000 to $50,000 are as follows: 1. Quotations shall be solicited from at least three (3) of the selected firms. Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. Owner may negotiate terms and conditions; 4. Issuance by Owner of a numbered Work Order. Procedures for projects with a value of $50,000 to $100,000 are as follows: Quotations shall be solicited from at least three (3) of the selected firms. Completion time and the collection of liquidated damages may be specified in the Quotation. A Performance Bond may also be required. Contractor shall respond with the information and/or proposal sought within seven (7) working days; RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Pa 66 E2 . Owner may negotiate terms and conditions; If a Performance Bond is required, Contractor shall provide within seven (7) working days after notification of award; Issuance by Owner of a numbered Work Order. Procedures for projects with a value of over $100,000 are as follows: Quotations shall be solicited from at least three (3) of the selected firms. Completion time and the collection of liquidated damages may be specified in the Quotation. A Performance Bond may also be required. Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. Owner may negotiate terms and conditions; If a Performance Bond is required, Contractor shall provide within seven (7) working days after notification of award; Issuance by Owner of a numbered Work Order, but with County Attorney and Board of County Commissioners approval required. Performance Bond Requirement When a construction project is in excess of $50,000.00 and more than thirty (30) days in duration, the Contractor(s) may be required to provide a Performance Bond, in the form prescribed in Exhibit A, Pages A-1 through A-3, in the amount of 100% of the Contract Amount, the costs of which is to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. All performance security under the subsequent contract shall be continued for a six (6) month period beyond the final completion of the project. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" NON-PROPOSER'S RESPONSE For purposes of maintaining an accurate vendor's list and facilitating your firm's response to our RFP invitation, we are interested in ascertaining reasons for prospective proposer's failure to respond to RFP invitations. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate items(s) listed below and return this form to Ms. Barbara Hecker, Purchasing Technician, Collier County Purchasing Department, Purchasing Building "G", County GOvernment Center, Naples, Florida 34112. We are not responding to this RFP invitation for the following reason(s): Services or materials requested not manufactured by us or not available to our company; Our services or materials do not meet specifications; Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, To° rigid, or ., Insufficient time allowed for preparation of RFP; Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( ) By: FAX Signature of Representative RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal'' 16 2 Page 8 Instructions to Proposers Proposal Submission: The proposal shall be deemed an offer to provide complete genera'l construction services to Collier County. In submitting a proposal, the Proposer declares that he understands and agrees to abide by the Scope of Services, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Proposer agrees that if the contract is awarded the work shall be performed in accordance with the provisions, terms and conditions of the contract. By submitting a proposal, the Proposer declares that he understands and agrees that this proposal, scope of services, provisions, terms and conditions of same, shall become part of a valid contract between Collier County and the undersigned upon notice of award in writing and/or issuance of a purchase order by Collier County. All proposals, including qualifications, requested submittals, and other data pertinent to making an objective evaluation of your firm's capabilities must be forwarded to the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building "G", Naples, Florida 34112 on or before 3:00 P.M., Collier County Time on October 24, 2003. The Proposer shall submit the original properly signed in blue ink and clearly marked "Original", and five (5) copies of the proposal to the Purchasing Director in a sealed envelope on which shall be clearly stated the proposal closing date, the name of the proposal, and number assigned to the proposal. Proposals received after the published deadline shall not be accepted and will be returned unopened. However, the Purchasing/General Services Director (or his designee) shall reserve the right to accept proposals received after the posted deadline under the following conditions: a.) The tardy submission of the proposal appears inadvertent and; b.) The acceptance of said proposals does not afford any competing firm an unfair advantage in the selection process. Principals/Collusion: By submission of this Proposal, the undersigned, as Proposer, does declare that the only person or persons interested in this Proposal as principal or principals is/are name therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. Insurance Costs: Since these conditions include Insurance Requirements, it should be noted by the Proposer that, in order to meet the County's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the Proposer discuss these requirements with the Proposer's agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Proposer. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Proposal Withdrawl: No Proposal may be withdrawn after it is filed unless the Proposer makes his request in writing to the County prior to the time set for the closing of Proposals, or unless the County fails to accept it within sixty (60) days after the date fixed for opening. Exceptions to Instructions or Conditions: Proposers taking exception to any part or section of these instructions or conditions shall indicate such exceptions on their Proposal. Failure to indicate any exceptions shall be interpreted as the Proposer's intent to fully comply with the Scope of Services as written. Law and Requlations: It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations1 Proposer's Certification: Submission of a signed Proposal is Proposer's certification that the Proposer shall accept any awards made to him as a result of said submission of the terms contained therein. The Proposer's obligation under this provision shall not be limited in any way be the agreed upon contract price, or the Provider's limit of, or lack of, sufficient insurance protection. The Proposer shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall hold the County harmless against all claims of whatever nature by third parties. Relation of County: It is the intent of the parties hereto that the successful proposer shall be legally considered as an independent contractor, and that neither he nor his employees shall, under any circumstances, be considered servants or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said successful proposer, his servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. Taxes: Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier County Use Tax Certificate Number is 21-07-019995-53C. Invoices: Payments will be made for articles furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within a reasonable time thereafter. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. Vendor Performance Evaluation: Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. Expenses Included in Preparing PropoSal: The County accepts no responsibility for any expenses incurred in the Proposal, preparation or presentation; such expenses to be borne exclusively by the Proposer. Award Challenge: All costs accruing from a Proposal or an award challenged as to quality, etc. (tests, etc.) shall be assumed by the challenger. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Page l 6 E2 Termination. Should the Contractor be found to have failed to perform in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. ASSIGNMENT: The successful Proposer(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the County. Lobbying: All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal opening to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director. Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Proposal Form: Each proposer must submit the Proposal Form included in this Request for Proposal. Single Proposal: Only One proposal from a legal entity as primary will be considered. A legal entity who submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a subconsultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary, or as part of a partnership or joint venture as a primary, that legal entity may act as a subconsultant to any other firm or firms submitting under the same RFP. If it is found that a proposer is in violation of this section, all proposals in which such a proposer is listed will be rejected. Licenses: The Contractor, at time of proposal submittal, shall possess the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. Copies of the licenses should be submitted with the proposal indicating that the entity proposing is properly licensed to perform the activities or work included in the contract documents. The vendor shall be licensed to operate within Collier County. Signature of Proposer: The proposer must sign the proposal in the spaces provided for signatures. If the proposer is an individual, the words "Sole Owner" shall appear after his signature. If the proposer is a partnership, the word "Partner" shall appear after the signature of one of the partners. If the proposer is a corporation, the signature required is the Officer, Officers or Individual duly authorized by its by-laws or the Board of Directors to bind the corporation with official corporate seal affixed thereto. Interpretation of Proposal documents and Investigation of Project: Each proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the location and the character of the services he agrees to perform. If the proposer should be of the opinion that the meaning of any part of the Proposal Document is doubtful, obscure or RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" contains errors or omissions, he should report such opinion or opinions to the Purchasing Director. Neither the County Manager or his staff shall be responsible for oral interpretation given either by himself or members of his staff. The issuance of a written addendum shall be the only official method whereby such interpretation will be given. Rejection or Acceptance of Proposal: The right is reserved by Collier County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful proposer, or his refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other proposer or to re-advertise using the same or revised documentation, at its sole discretion. Protection of Riqhts of County: The County reserves the right to include in any contract document such terms and conditions as it deems necessary for the proper protection of the rights of Collier County. Protest Procedures: Any actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the Bid or the acceptance date for the Request for Proposals. Award of contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building, may not be awarded or perform work as a contractor, supplier, or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal' Paget 6 [2 Prohibition of Gifts to County Employees: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2000-58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Additional Information: Other than minor procedural matters, questions regarding this proposal must be in writing (email or fax is also acceptable) and submitted to: Scott Johnson Purchasing Department Building G 3301 Tamiami Trail East Naples, Florida 34112 (239) 774-8995 fax: (239) 732-0844 Email: ScottJohnson@colliergov.net Written questions must be received no later than ten (10) Collier County work days prior to Proposal acceptance date. Should any questions or responses require revisions to the Request for Proposal as originally published, such revisions will be by formal amendment only. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Proposer's Qualifications: All proposers must be primarily engaged in providing the services as outlined in these specifications. All proposers must have a demonstrated comprehensive understanding in areas listed in this proposal. Understanding and previous experience is a very essential criterion in the qualifying process. o The County reserves the right to check all references furnished and consider the responses received in determining the award of this proposal. The proposer's personnel and management to be utilized in this service requirement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Proposal Submittals: In responding to this proposal, each proposer shall include within a 20-page limit (total for the entire submission). Project Understanding: (Maximum 10 Points) Provide a narrative of the proposer's understanding of the overall intent of the services. Identify any issues or concerns of significance that may be appropriate. Proposer's Credentials: (Maximum 15 Points) Proposers shall provide, in detail, their credentials for providing exotic and other undesirable vegetation removal and any information which documents successful and' reliable experience in past performance, especially those performances related to the requirements of this Request for Proposal. Include a description of the proposer's business history and number of years in operation. Related project experience shall be restricted to those assignments undertaken within the last three (3) years. Copies of relevant licenses shall be included in the proposal. Staff Credentials: (Maximum 20 Points) The proposer shall include the name, title, address, and telephone number of persons who will both manage and be assigned to perform services under the proposal. A signed 1-page resume, including references, detailing educational qualifications and previous work assignments related to this Request for Proposal for each person who will perform the services required shall be included. Failure to do so may be cause for rejection of the proposal. Credentials will be subject to verification. In the event there should be a change in the person(s) names assigned to perform the services under this contract, the contractor shall submit, for approval to the County, the credentials and resumes of the person(s) the contractor wishes to perform the services under the contract. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 4. Ability to Complete Projects on Time and Within Budget: (Maximum 20 Points) Proposer should submit their approach to schedule control, the monitoring of schedules and budget, consistency with County project time frames and budgeting requirements and proposer's current and projected workload, and available labor resources. References: (Maximum 20 Points) A list of three (3) applicable customer references is to be provided who have contracted for similar services offered by the proposer which is considered identical or similar to the requirements of this Request for Proposal. Failure to do so may be cause for rejection of the proposal. The list shall include. 1. Company name and address; 2. Contracting officer and telephone number; 3. Technical representative and telephone number; and 4. A brief, written description of the project. Office Location and Responsiveness: (Maximum 15 Points) Rating will be based on ease of contract administration and responsiveness. The proposer with all key personnel located in Collier County will receive five (5) points. Proposers' principal offices and/or key personnel in other areas will receive fewer points. Proposer's ability to provide a complete proposal will be considered representative of the firm's responsiveness. Points will be deducted under this item for failure to submit all information as requested in this RFP. Supplemental Information Statement of litigation that firm or staff is currently involved in, or has been involved in over the past five (5) years, stating points of contention and results if available. 2. Proposer Qualification Form. 3. Insurance Requirements Certification. 4. Proposer's Checklist. 5. Proposer Declaration Statement. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Conflict of Interest Statement as follows: 1. Proposer shall provide a list of any businesses and/or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest 2. Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Proposer further represents that no persons having any such interest shall be employed to perform those services. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. By signing below in the space provided, a principal of the firm certifies that he/she has read and understands the above requirements, and that the firm will comply fully with item 2 if awarded a contract by the County. Signature and Title of Principal Date RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Page 1'1 6 £2 Evaluation and Selection Procedure: Collier County procedure for selecting is as follows: 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Receipt of Proposals. Subsequent to the closing of proposals, the Purchasing Agent and/or Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. Prior to the first meeting of the selection committee, Purchasing will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 6. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria listed below. The Purchasing Agent will compile individual rankings for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations from the top-ranked firm(s). Once the final ranking has been compiled, the Selection Committee will choose the short listed firms based on consensus and not necessarily by the final ranking order of the firms. The final recommendation will be decided based on review of scores and rankings, discussion, and consensus of the committee. Subsequent to a consensus decision, a contract shall be negotiated with the top-ranked firm(s). Award of the contract is dependent upon the successful and full execution of a mutually-agreed contract. 9. Upon the successful completion of negotiations, a contract will be presented to the Board of County Commissioners for approval. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Contractual Conditions: Collier County has developed standard contracts that have been approved by the County Attorney and the Board of County Commissioners (BCC) for all projects. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by vendor. All respondents to this bid will be required, if selected to perform the work, to execute the standard contract(s) within forty-five (45) days of Notice of Selection for Award. These documents are available for inspection at the Purchasing Office and a review is encouraged prior to submitting a proposal. All Proposals will be evaluated and scored on the following criteria. GRADING CRITERIA POINTS 1. Project Understanding 10 2. Proposer's Credentials: 15 3. Staff Credentials: 20 4. Ability to Complete Projects on Time and within Budget: 20 5. References: 20 6. Office Location and Responsiveness: 15 Total Possible Points 100 RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" PROPOSERS QUALIFICATION FORM 16-[2 Page 18 FIRM NAME: Address: City: State ZIP Telephone: ( ) FAX Numb.: ( ) Email: TYPE OF FIRM: Corporation/Years in Business: Partnership/Years in Business: Sole Proprietorship/Years in Business: NUMBER OF PERSONNEL IN ORGANIZATION: Administrative: Professional: Office: Shop: Field: REFERENCES: Bank(s) Maintaining Account(s): REPRESENTATIVE CONTRACTS COMPETED DURING LAST THREE YEARS: Year/Proiect Agency Contact Person LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed Aqency Contact Person LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: ?,_F? #03-3 $68 - "_Am~u~ Con~'act for Cou~t}~Jde F,×odc YegctatJon RemoYa]" ?~g¢ 19 PROPOSER QUALIFICATION FORM (Continued) OTHER INFORMATION ABOUT PROJECTS: Have you, at any time, failed to complete a project? L] Yes L] Are there any judgments, claims or suits pending or outstanding b_~ or against you? bi Yes L] No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: Name of Organization: By: Title: Attested By: Title: Date: RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" INSURANCE TYPE Collier County Florida Insurance Requirements REQUIRED LIMITS Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. N/A 5. Commercial General Liability (Occurrence Form) patterned after the current I.S.O form with no limiting endorsements. Bodily Injury & Property Damage $1,000,000 Single Limit Per Occurrence Indemnification: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorJendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorJendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. Automobile Liability Owned/Non-owned/Hired Automobile Included $1,000,000 Each Occurrence Other Insurance as indicated below: a) Professional Liability b) Builder's Risk $ $ RFP #03-3568 ~ "Annual Contract for Countywide Exotic Vegetation Removal" Pag l 6 [2' 10. COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Collier County must be named as "ADDITIONAL Certificate for Commercial General Liability and where required. INSURED" on the Insurance Automobile Liability Coverage Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE-The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will b__e acceptable. Thirty (30) Days Cancellation Notice required. The Certificate must state the Bid Number and Title. BIDDERS AND INSURANCE AGENT STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of bid. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" &6 -[2 THIS FORM IS TO BE COMPLETED AND RETURNED WITH THE PROPOSAL THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSERS CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your Proposal. Proposer should check off each of the following items as the necessary action is completed: 2. 3. 4. The Proposal has been signed. Any required drawings, descriptive literature, etc. have been included. Any delivery information required is included. If required, the amount of Security deposit has been checked and included. Any addendum have been signed and included. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners Collier County Government Center - Bldg. G 3301 Tamiami Trail E. Naples, Florida 34112 The mailing envelope must be sealed and marked with: Proposal Number; Proposal Title; + Due Date. The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered,) ALL COURIER-DELIVERED PROPOSALS/RFP MUST HAVE THE PROPOSAL/ RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name. Signature & Title Date RFP #03-3568 - "Annual Contract for Countyw/de Exotic Vegetation Removal" CONTRACT PROPOSAL BOARD OF COUNTY COMMISSIONERS Collier County Courthouse Naples, Florida 34112 RE: Request for Proposals #03-3568 "Annual Contract for Countywide Exotic Vegetation Removal" Dear Commissioners: The undersigned, as proposer, hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to providing exotic and other undesirable vegetation removal. The proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, with out collusion or fraud. The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ,2003 in the County of , in the state of day of Proposer's Complete Legal Name (Circle one): Corporation, Sole Proprietorship, Partnership Phone No. FAX Numb. Address City and State ZIP BY: Typed and Written Signature Title AGREEMENT 16E2 "' THIS AGREEMENT, made and entered into on this 13th day of January 2004, by and between NaturChem Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: COMMENCEMENT. "This Agreement shall commence on the date of approval by the Board of County Commissioners and shall terminate two (2) years from that date. The County may, at its discretion, and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall perform exotic vegetation removal in accordance with the terms and conditions of RFP #03-3568 and the Contractor's proposal hereto attached and made an integral part of this agreement. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). Payment will be made for the work completed and accepted upon inspection by the County. Retainage in the amount of ten percent (10%) shall be withheld from the payment and will not be released until all work, including follow-up treatment of re- growth has been completed, inspected and accepted by the County. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S. otherwise known as the "Florida Prompt Payment Act". NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: NaturChem, Inc. 4134 US 441 South Lake City, FL 32025 Fax # 386-755-1376 o All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Attn: Steve Carnell, Director Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Fax # 239-732-0844 The Contractor and the County may change the above mailing addresses and or fax numbers at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. o 16E2 ' TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: go Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Bo Business Auto Liability_: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 12. 16E2 INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks & Recreation Department. 16E2'3 13. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, and RFP #03-3568. 14. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: "~.; ~ ' --~ ~ t',i .. Dwight'l?BmCld),Clerk of Courts ','7 . // "':;-(SEAL) · $1ga~t~re' o~l-l. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /~Cha~ By: Contractor Art Seboe SType/print wimess name$ S;~gnd ~itness Shirley S Johnson ~'Type/print witness names Approved as to form and Scott R. Teach Assistant County Attorney Ken Johnson, Manager Typed signature and title CORPORATE SEAL (corporations only) 17NATURINC Clie,~;~; 276953 """ V I'-'~A'~(~K'=Dn'Y)-' ACOR CERTIFICATE OF LIABILITY INSURANCE I Tills CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION P~o~Jc~ ONLY AND CONFERS NO RtGHTS UPON THE CERTIFICATE BB&TBoyls-Vaughan HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 1710 G~rvais St, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. i P- O. Box 8628 INSURERS AFFORDI~dG COVERAGE Columbia, SC ?.9202 .... ~_u_~_~__~i~=.l~i_g~.~.L~,~i NaturChem, IRC. I ~NSU~RS: Amerisum Insurance 4134 Highway 44t South 1 ~HSU~ER C: Lake City,FL 32025 I INSURER E: :OVERAGES THE POLICIES OF INSURANCE. LISTED BELOW HAVE BEEN ISSUED TO THE INSURE~ NAMED ABO~- FORTHE POLICY PERIOD tNDICATED. NOTWITHSTANDING POLICIES. AGGREGATE LIMITS SHO~,Mq MAY HAVE _~=;:N REDUCED BY PAID CLANS. ~ REQUIREMENT. TEPid OR CONDITION OF ANY COHTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH~S CERTFICATE t~Y BE ISSUED OR FAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HE.IN I~ SUBJECT TO .NJ. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH pOliCy EXP EilA'TION UMITS DATE I[MM/DDtY't3 POUCY IE~ pECTI~ I POUCY NUMBER I~iATE (l~/a'Ol~qfY~ i TYPE OF IHSURANCE CPP138429001 01/04/04 COMMERCI~t- GENERAL LImB IL~TY CI~.I'.~ tAADIE ~X~ OCCUR CA13842890 01104/04 ! L!N[tTAPPLIE~ F~_~; LOC AIJTOMft BLE LIABILITY ~4~ ~0 ~LO~DA~C8 SCHEDU~D A~OS H~ A~O~ NON-OW~ ~O~ GARAGE LJR~LITt' ~4v ~UTO .IA~Lt~ Y OCCUR ~ cJLA MS MADE CU 1384291 01104/04 XDEDUCTIBLE ~rem~o. $10000 0111MI05 01/04105 01104105 ~H OCCURRENCE pIRE D/~.IAGE [Any on~ fie) MEC ~ f~ o~ ~ &~V t~RY G~ ~ - COMP~ AGG $1,000,00~ ~10,0~0 sZ,000,00O $2,000,01~ $1~000,000 Natu~hem, Inc. Natu~hem We~, Inc. Can~llation notice s~li ~ 30 da~ ex. pt ~r non pay~nt ~ premium shall be 10 days CeAifica~ Holder i~l~ed as A~itional Insured and A~mobile Uabll~y wl~ teepees ~ General Llabll~ arlsl~ o~ ~work ~o~ed by ~md 5ee A~ched Descriptions) CERTIFICATE HOLDER I J ,,~DmONN. mSU~D;msuRERU:'~'i=e~". -- Collier county Board of Commissioners Purchasing Dept. Att:n: Scott Johneon 3;301 Tamiami Trail,, East Naples, FL 34112 ACORD 25-,5 (Tt97)I Of 3 #S10483331M1039210 CANCELLATION ~OULI3*%NYOF TH E AB:C)~I;- I~ED POL~ll=.~ BE CANCELLED iiEFORETHE E~qR~TION THEREOF, THE ISSUING INSURER 1MILL ENDEAVOR TOMAIL~I~ DA, Y~WRITTEN No'nCETOTHE CERTIFICATE HOLOIERI, b~aEO TOTHE LE~T~ BLfTFALURE 'T~ DO SOSHP~..L IMPC)~E NO OGUGATION OR LIA~ILITY'OF ANY IQNB UPON TH E INSURER.ITS AGENTS OR JKB e ACORD CORPORATION 198- AMS 25,:3 (07/97)3 of 3 #,S10~,8533tM1039210 IMPORTANT 16E2 ' If the certifica+.e holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. A statement on this cer[if'~cate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such ~ndorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certif'~ats holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORDAS-S(?I97)2 of 3 ~S1048333/MI039210 RFP #03-3568 - "Armual Contract for Countywide Exotic Vegetation Removal" Page 1 16E2 ' · COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DMSION Purchasing Department 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 Telephone: (239) 774-8995 Fax: (239) 732-0844 httpd/co.collier.fl.us DATE: October 1, 2003 TO: . Prospective Proposers FROM: Scott Johnson, Purchasing Agent Purchasing Department SUB J: RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Pursuant to direction by the County Manager, Collier County is seeking proposals from firms interested in providing exotic vegetation removal services on an as-needed basis under an annual contract. Please refer to the Legal Advertisement contained in the enclosed Proposal Package for the time and 'the due date for proposal submission. All Proposals must be forwarded to the County Purchasing Director's Office, Purchasing "G" Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida 34112. The services shall include, but not be limited to the "Scope of Services" as described in the attachment. If you have any immediate questions regarding the intended Scope of Services, ~;ou may contact Mr. Scott Johnson, Purchasing Agent, at 239/774,8995, Fax 239/732-0844 or email: ScottJohnson@colliergov.net. We look forward to your participation in this process. cc: Doug Suitor, Natural Resources Joe Delate, Parks & Recreation Kyle Lukasz, Pelican Bay Services RFP #03-3568 - "Armual Contract for Cotmtyvdde Exotic Vegetation Removal" Page 2 1612 PUBLIC NOTICE OF REQUEST FOR PROPOSALS Pursuant to action approved by the County Manager, Sealed Proposals for an annual contract for County wide exotic vegetation removal will be reCeived until 3:00 p.m. on October 24, 2003 at the Purchasing Department, Purchasing Building "G", Collier County Government Complex, Naples, Florida 34112. RFP #03-3568 "Annual Contract for Countywide Exotic Vegetation Removal" When a project is in excess of $50,000.00 and more than thirty. (30) days in duration, the successful Contractor(s) may be required to furnish the necessary Payment and/or Performance Bond, using the'form, prescribed in Exhibit A, pages A-1 .t_hrough A-3 of this Document. The Performance Bond, and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. All proposals shall be made upon the enclosed forms requesting pertinent information which will be used by the County in making its evaluation of the proposals. All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal specifications. Any firm who is a recipient of County funds, or who proposes to perform any work or furnish any goods under this RFP shall not discriminate against any worker, employee or applicant or any member of the public based on age, race, color, sex, religion, national origin, disability or marital status, nor otherwise commit an unfair employment practice. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /S/ Steve Carnell Purchasing Director This Public Notice was posted in the Lobby of the Purchasing Building "G", Collier County Government Center on October 1, 2003. RFP #03-3568 - "Armual Contract for Countywide Exotic Vegetation Removal" Scope of Services Page 3 16E2 General Information Collier County is seeking the services of three (3) or more 'qualified, professional firms, properly licensed in the State of Florida, to provide complete exotic vegetation and other nuisance vegetation removal services. Services shall include, but not be limited to, the following: Exotic vegetation and other nuisance vegetation removal by manual and mechanical methods including chemical and physical removal. The applicator(s) of any herbicides shall be State licensed (copy of license(s) including Pest Control Operator's license, to be furnished with proposal) and the treatments shall be in accordance with Florida State Law and label requirements. TreeSl bushes, and other vegetation may be cut with machetes, chain saws, brush trimmers, etc., and/or treated with chemicals, or removed by other methods, depending on the requirements of the particular project and as directed by the County. Work hours shall be 7:00 a.m. to 5:00 p.m. Monday through Friday unless otherwise directed by the County Project Manager or their designee. Vehicles and equipment shall be parked in areas designated bY County, and may be parked overnight with the prior permission of the County Project Manager or his designee. The Contractor shall furnish all labor, material, supervision, equipment, supplies, tools, services, disposal methods and all other incidentals required to perform all exotic and other undesirable vegetation treatment and/or removal. Due care must be given so as to not damage or destroy mangroves or other desirable vegetation within the area of exotic treatment, when removal of exotics or other undesirable vegetation occurs, due caution should be given to the surrounding habitat. Surface area should be disturbed as little as possible. Native vegetation damaged during treatment will be replaced according to County Code. Species to be removed during the project currently include: Category 1 species listed on the current Exotic Pest Plant Council (EPPC) invasive species list as well as, Brazilian Pepper (Schinus terebinthifolius), Melaleuca (Melaleuca quinquenervia), Air Potato (.Dioscorea bulbifera.) Australian Pine (Casuarina spp_.), Java Plum (Syzygium cumin[), Woman's Tongue Tree (Albizia lebbeck), Earleaf Acacia (Acacia auriculiformis), and Downey Rosemyrtle (Rhodomyrtus tomentosus.), Tropical Soda Apple (Solanum viarum), Old World Climbing Fern (Lygodium japonicum), Latherleaf (Colubrina asiatica), Catclaw Mimosa (Mimosa pigra), Carrottwood (Cupianopsis anacardiodes), Bishopwood (Bischofiz javanica), Schefflera (Schefflera sp.), Laurel Fig (Ficus microcarpa). Other species may be added as the need arises, including those on the current Exotic Pest Plant Council. (EPPC) invasive species list, and/or any other undesirable species and this list shall not be deemed all-inclusive. CONTRACT TERMS: The contract term shall be for a period of two (2) years commencing on the date of approval by the Board of County Commissioners. The County, at its discretion, shall have the option to renew this Agreement, following the above initial term, for two (2) additional one (1) year periods under the same terms and conditions as in the first-year contract. RFP #03-3568 -"Annual Contract for Countywide Exotic Vegetation Removal" Access/Easements: The County shall provide the Contractor with information concerning available legal access to the designated work site. Safety: The Contractor shall perform all exotic vegetation treatment operations in an orderly and safe manner. Contractors shall be required to comply with the current County Maintenance of Traffic (MOT) policy, if MOT is required by the project. Notification: The Contractor shall be responsible for keeping the Collier County Project Manager or their designee advised at all times of his work site location and proposed schedule for performing the work required under this contract, Clean Up: All work sites shall be cleaned up and left in a neat and orderly manner including picking up and removal of all loose and unsightly vegetation materials on a daily basis. Included in cleanup operation shall be the removal and proper disposal of all. trash, trimmings, and' debris deposited on site. Any ruts made in the soil shall be removed by Contractor. 'Final Acceptance: All work scheduled for' completion under this Contract shall be substantially completed according to the Work Order requirements. Final acceptance by the 'County shall be after a two (2) month 'mortality evaluation period from the substantial completion date. At final acceptance, the Contractor shall demonstrate to the County that all exotic vegetation on site has been exterminated to the County's complete satisfaction. Any re-growth of stumps, cut limbs, or newly discovered exotic plants shall be properly removed by the Contractor at no additional expense to the County. Following any re-treatment, there shall be a one (1) month mortality re-evaluation period to determine effectiveness of re- treatment. When a period of time is referenced by days, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the County, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or legal holiday. Method of Payment: Payment will be made for the work completed and accepted upon inspection by the County for complete exotic removal. As a method to assure completion of the total project, retainage in the amount of ten percent (10%) of all work completed will be withheld from the payment. The ten percent (10%) retainage will not be released until all work, includin9 follow-up treatment of re-growth has been completed, inspected, and accepted by the County. Non-Performance: In the event the Contractor fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the County Project Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. The selected Contractor(s) will be responsible for providing complete exotic vegetation removal services for a wide range of projects as may be required by Collier County. The 16£2 RFP #03-3568 - ':Annual Contract for Counlywide Exotic Vegetation Removal" Page 5 selected firms shall be responsible for knowledge of and compliance with all relative local, state, and federal codes and regulations. The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work service assignments shall be at the sole discretion of the County. Should any project that is active extend past the contract termination date, that contract shall be extended until completion of such project. TrOis Contract will be available for use by all County Departments. The ContraCtor(s) and the County agree that member entities of the Southwest Florida Purchasing Consortium as well as other County agencies and the Collier County Airport' Authority may participate in this contract. Offer Extended to Other Governmental Entities: Collier County encourages and agrees to the successful bidder/proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder/proposer. Procedures: The procedUre to be followed will be determined by the value of the project. The procedure for projects with a value of $25,000 (or current County bidding threshold) or less are outlined below: 1. Summary of Work to be provided to one of the selected firms; Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. Issuance by Owner of a numbered Work Order. Procedures for projects with a value of $25,000 to $50,000 are as follows: 1. Quotations shall be solicited from at least three (3) of the selected firms. Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. .Owner may negotiate terms and conditions; 4. Issuance by Owner of a numbered Work Order. Procedures for projects with a value of $50,000 to $100,000 are as follows: Quotations shall be solicited from at least three (3) of the selected firms. Completion time and the collection of liquidated damages may be specified in the Quotation. A Performance Bond may also be required. Contractor shall respond with the information and/or proposal sought within seven (7) working days; RFP #03-3568 - "Annual Contract for Cotmtywide Exotic Vegetation Removal" Owner may negotiate terms and conditions; If a Performance Bond is required, Contractor shall provide within seven (7) working days after notification of award; Issuance by Owner of a numbered Work Order. 'Procedures for projects with a value of over $100,000 are as follows: Quotations shall be solicited from at least three (3) of the selected firms. Completion time and the collection of liquidated damages may be specified in the Quotation. A Performance Bond may also be required. Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. Owner may negotiate terms and conditions; If a Performance Bond is required, Contractor shall provide within seven (7) working days after notification of award; Issuance by Owner of a numbered Work Order, but with County Attorney and Board of County Commissioners approval required. Performance Bond Requirement When a construction project is in excess of $50,000.00 and more than thirty (30) days in duration, the Contractor(s) may be required to provide a Performance Bond, in the form prescribed in Exhibit A, Pages A-1 through A-3, in the amount of 100% of the Contract Amount, the costs of which is to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. All performance security under the subsequent contract shall be continued for a six (6) month period beyond the final completion of the project. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. RFP #03-.3568 -"Armual Contract for Countywide Exotic Vegetation Removal" NON;PROPOSER'S RESPONSE For purposes of maintaining an accurate vendor's list and facilitating your firm's' response to our RFP invitation, we are interested in ascertaining reasons for prospective proposer's failure to respond to RFP invitations. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate items(s) listed below and return this form to Ms. Barbara Hecker, Purchasing Technician, Collier County Purchasing Department, Purchasing Building ".G", County Government Center, Naples, Florida 34112. We are not responding to this RFP invitation for the following reason(s): Services or materials requested not manufactured by us or not aVailable to our - company; Our services or materials do not meet specifications; Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, or , Insufficient time allowed for preparation of RFP; Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( ) By: FAX Signature of Representative RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Instructions to Proposers Proposal Submission: The proposal shall be deemed an offer to provide complete general construction services to Collier County. In submitting a proposal, the Proposer declares that he understands and agrees to abide by the Scope of Services, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Proposer agrees that if the contract is awarded the work shall be performed in accordance with the provisions, terms and conditions of the contract. By submitting a proposal, the Proposer declares that he understands and agrees that this proposal, scope of services, provisions, terms and conditions of same, shall become part of a valid contract between Collier County and the undersigned upon notice of award in writing and/or issuance of a purchase order by Collier County. All proposals, including qualifications, requested submittals, and other data pertinent to making an objective evaluation of your firm's capabilities must be forwarded to the Purchasing' Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building "G", Naples, Florida 34112 on or before 3:00 P.M., Collier County Time On October 24, 2003. The Proposer shall submit the original properly signed in blue ink and clearly marked "Original", and five (5) copies of the proposal to the Purchasing Director in a sealed envelope on whiCh shall be clearly stated the proposal closing date, the name of the proposal, and number assigned to the proposal. Proposals received after the published deadline shall not be accepted and will be returned unopened. However, the Purchasing/General Services Director (or his designee) shall reserve the right to accept proposals received after the posted deadline under the following conditions: a.) The tardy submission of the proposal appears inadvertent and; b.) The acceptance of said proposals does not afford any competing firm an unfair advantage in the selection process. Principals/Collusion: By submission of this Proposal, the undersigned, as Proposer, does declare that the only person or persons interested in this Proposal as principal or principals is/are name therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. Insurance Costs: Since these conditions include Insurance Requirements, it should be noted by the Proposer that, in order to meet the County's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the Proposer discuss these requirements with the Proposer's agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Proposer. RFP #03-3568 - "Azmual Contract for Countywide Exotic Vegetation Removal" Page 9 Proposal Withdrawl: No Proposal may be withdrawn after it is filed unless the Proposer makes his request in writing to the County prior to the time set for the closing of Proposals, or unless the County fails to accept it within sixty (60) days after the date fixed for opening. Exceptions to Instructions or Conditions' Proposers taking exception to any part or section of these instructions or conditions shall indicate such exceptions on their Proposal. Failure to indicate any exceptions shall be interpreted as the Proposer's intent to fully comply with the Scope of Services as written. Law and Regulations: It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. Proposer's Certification: Submission of a signed Proposal is Propose~:'s certification that the Proposer shall accept any awards made to him as a result of said submission of the terms contained therein. The Proposer's obligation under this provision shall not be limited in any way be the agreed upon contract price, or the Provider's limit of, or lack of, sufficient insurance protection. The Proposer shall, be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall hold the County harmless against all claims of whatever nature by third parties. Relation of County,: It is the intent of the parties hereto that the successful proposer shall be legally considered as an independent contractor, and that neither he nor his employees shall, under any circumstances, be considered servants or agents of the C°unty, and that the County shall be at no time legally responsible for any negligence on the part of said successful proposer, his servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. Taxes: Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier County Use Tax Certificate N-umber is 21-07-019995-53C. Invoices: Payments will be made for articles furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within a reasonable time thereafter. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. Vendor Performance Evaluation: Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. Expenses Included in Preparing Proposal: The County accepts no responsibility for any expenses incurred in the Proposal, preparation or presentation; such expenses to be borne exclusively by the Proposer. Award Challenge: All costs accruing from a Proposal or an award challenged as to quality, etc. (tests, etc.) shall be assumed by the challenger. RF? #03-3568 - "Annual Cor~tract f°r Countywide Exotic Vegetafi°n Rem°val'' 1 6g~0 2 ~ Termination. Should the Contractor be found to have failed to perform in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. ASSIGNMENT: The successful Proposer(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the County. Lobbying: All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal opening to final Board approval, no firm or their agent shall contact any other employee of Collier .County in-reference to this Proposal, with the exception of the Purchasing Director. Failure to abide by this prOvision may serve as grounds for disqualification for award of this contract to the firm. Proposal Form: Each proposer must submit the Proposal Form included in this Request for Proposal. Single Proposal: Only one proposal from a legal entity as primary will be considered. A legal entity who submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a subconsultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary, or as part of a partnership or joint venture as a primary, that legal entity may act as a subconsultant to any other firm or firms submitting under the same RFP. If it is found that a proposer is in violation of this section, all proposals in which such a proposer is listed will be rejected. Licenses: The Contractor, at time of proposal submittal, shall possess the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. Copies of the licenses should be submitted with the proposal indicating that the entity proposing is properly licensed to perform the activities or work included in the contract documents. The vendor shall be licensed to operate within Collier County. Signature of Proposer: The proposer must sign the proposal in the spaces provided for signatures. If the proposer is an individual, the words "Sole Owner" shall appear after his signature. If the proposer is a partnership, the word "Partner" shall appear after the signature Of one of the partners. If the proposer is a corporation, the signature required is the Officer, Officers or Individual duly authorized by its by-laws or the Board of Directors to bind the corporation with official corporate seal affixed thereto. Interpretation of Proposal documents and Investigation of Project: Each proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the location and the character of the services he agrees to perform. If the proposer should be of the opinion that the meaning of any part of the Proposal Document is doubtful, obscure or RFP #03-3568 - "Azmual Contract for Countywide Exotic Vegetation Removal" P contains errors or omissions, he should report such opinion or opinions to the Purchasing Director. Neither the County Manager or his staff shall be responsible for oral interpretation given either by himself or members of his staff. The issuance of a~ written addendum shall be the only official method whereby such interpretation will.be given.' Reiection or Acceptance of-Proposal: The right is reserved by Collier County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier, Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the sbccessful proposer, or his refusal to enter into the Collier County. contract, the County reserves the right to accept the proposal of any other proposer or to re-advertise using the same or revised documentation, at its sole discretion. Protection of Rights of County: The County reserves the right to include in any contract document such terms and conditions as it deems necessary for the proper protection of the rights of Collier County. Protest Procedures: Any actual or .prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the Bid or the acceptance date for the Request for Proposals. Award of contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building, may not be awarded or perform work as a contractor, supplier, or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. RFP #03-3568 - ':Annual Contract for Countywide Exotic Vegetation Removal" Prohibition of Gifts to County Employees: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service Or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance-No. 2000-58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Additional Information: Other than minor procedural matters, questions regarding this proposal must be in writing (email or fax is also acceptable) and submitted to: Scott Johnson Purchasing Department Building G 3301 Tamiami Trail East Naples, Florida 34112 (239) 774-8995 fax: (239) 732-0844 Email: ScottJohnson@colliergov.net Written questions must be received no later than ten (10) Collier County work days prior to Proposal acceptance date. Should any questions or responses require revisions to the Request for Proposal as originally published, such revisions will be by formal amendment only. RFP #03-3568 - "Armual Contract for Corm .tywide Exotic Vegetation Removal" Proposer's Qualifications: All proposers must be primarily engaged in providing the services as outlined in these specifications. All proposers must have a demonstrated comprehensive understanding in areas listed in this proposal. Understanding and previous experience is a very essential criterion in the qualifying 'process. The County reserves the right to check all references furnished and consider the responses received in determining the award of this proposal. The proposer's personnel and management to be utilized in this service requirement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessarY to insure that competent persons will be utilized in the performance of the contract. Proposal Submittals: In responding to this proposal, each proposer shall include within a 20-Page limit (total for the entire submission). Project Understanding: (Maximum 10 Points) Provide a narrative of the proposer's understanding of the overall intent of the services. Identify any issues or conCerns of significance that may be appropriate. Proposer's Credentials: (Maximum 15 Points) Proposers shall provide, in detail, their credentials for providing exotic and other undesirable vegetation removal and any information which documents successful and reliable experience in past performance, especially those performances related to the requirements of this Request for Proposal. Include a description of the proposer's business historY and number of years in operation. Related project experience shall be restricted to those assignments undertaken within the last three (3) years. Copies of relevant licenses shall be included in the proposal. Staff Credentials: (Maximum 20 Points) The proposer shall include the name, title, address, and telephone number of persons who will both manage and be assigned to perform services under the proposal. A signed 1-page resume, including references, detailing educational qualifications and previous work assignments related to this Request for Proposal for each person who will perform the services required shall be included. Failure to do so may be cause for rejection of the proposal. Credentials will be subject to verification. In the event there should be a change in the person(s) names assigned to perform the services under this contract, the contractor shall submit, for approval to the County, the credentials and resumes of the person(s) the contractor wishes to perform the services under the contract. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Ability to Complete Projects on Time and Within Budget: (Maximum 20 Points) Proposer should submit their approach to schedule control, the monitoring of schedules and budget, consistency with County project time frames and budgeting requirements and proposer's current and projected workload, and available labor resources. References: (Maximum 20 Points) A list of three (3) applicable customer references is to be provided who have contracted for similar services offered by the proposer 'which is considered identical or similar to the requirements of this Request for Proposal. Failure to do so may be cause for rejection of the proposal., The list shall include. 1. Company name and address; 2. Contracting officer and telephone number; 3. Technical representative and telephone number; and 4. A brief, written description of the project. Office Location and Responsiveness: (Maximum 15 Points) Rating will be based on ease of contract administration and responsiveness. The proposer with all key personnel located in Collier County will receive five (5) points. Proposers' principal offices and/or key personnel in other areas will receive fewer points. Proposer's ability to provide a complete proposal will be, considered representative of the firm's responsiveness. Points will be deducted under this item for failure to submit all information as requested in this RFP. Supplemental Information Statement of litigation that firm or staff is currently involved in, or has been involved in over the past five (5) years, stating points of contention and results if available. 2. Proposer Qualification Form. 3. Insurance Requirements Certification. 4. Proposer's Checklist. 5. Proposer Declaration Statement. RFP #03-3568 - "Armual Contract for Co~mtywide Exotic Vegetation Removal" Conflict of Interest Statement as follows: 1. Proposer shall provide a list of any businesses and/or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest 2. Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which woUld conflict in any manner with the performance of services required hereunder. Proposer further represents that no persons having any such interest shall be employed to perform those services. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. By signing below in the space provided, a principal of the firm certifies that he/she has read and understands the above requirements, and that the firm will comply fully with item 2 if awarded a contract by the County. Signature and Title of Principal Date RFP #03-3568 - "Armual Contract for Countywide Exotic Vegetation Removal" Evaluation and Selection Procedure: Page 16 1612 Collier County procedure for selecting is as follows: 1. The County Manager shall appoint a Selection submitted. Committee to review all proposals 2. Request for Proposals issued. 3. 'Receipt of Proposals. Subsequent to the closing of proposals, the Purchasing Agent and/or Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. Prior to the first meeting of the selection committee, Purchasing will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days' prior to the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 6. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria listed below. The Purchasing Agent will compile individual rankings for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations from the top-ranked firm(s). Once the final ranking has been compiled, the Selection Committee will choose the short listed firms based on consensus and not necessarily by the final ranking order of the firms. The final recommendation will be decided based on review of scores and rankings, discussion, and consensus of the committee. Subsequent to a consensus decision, a contract shall be negotiated with the top-ranked firm(s). Award of the contract is dependent upon the successful and full execution of a mutually-agreed contract. 9. Upon the successful completion of negotiations, a contract will be presented to the Board of County Commissioners for approval. RFP #03-3568_ ,,Axmual Contract for Countywide Exotic Vegetation Removal" 1Pa~7~ 2 Contractual Conditions: Collier County has developed standard contracts that have been approved by the County Attorney and the Board of County Commissioners (BCC) for all projects. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by vendor. All respondents to this bid will be required, if selected to perform the work, to execute the standard contract(s) within forty-five (45) days of Notice of Selection for Award. These documents are available for inspection at the Purchasing Office and a review is'encouraged prior to submitting a proposal. All Proposals will be evaluated and scored on the following criteria. GRADING CRITERIA 1.- Project Understanding 2. Proposer's Credentials: 3. Staff Credentials: 4. Ability to Complete Projects on Time and within Budget: 5. References: 6. Office Location and Responsiveness: Total Possible Points POINTS 10' 15 20 20 2O 15 100 RFP #03-3568 - ':Am2ual Contract for Countywide Exotic Vegetation Removal"' PROPOSERS QUALIFICATION FORM Page 18 FIRM NAME: Address: City: State Telephone:( ) FAX Numb.: ( ) Email: TYPE OF FIRM: Corporation/Years in Business: Partnership/Years in Business: Sole Proprietorship/Years in Business: NUMBER OF PERSONNEL IN ORGANIZATION: Administrative: Professional:__ Office: Shop:__ Field: REFERENCES: ZIP Bank(s) Maintaining Account(s):. REPRESENTATIVE CONTRACTS COMPETED DURING LAST THREE YEARS' Year/ProjeCt Aqency Contact Person LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed Agency Contact Person LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: RFP #03-3568 - "Armual Contract for Countywide Exotic Vegetation Removal" 'a~[ 19 PROPOSER QUAUFICATION FORM (Continl~Id6E2 OTHER INFORMATION ABOUT PROJECTS: Have you, at any time, failed to complete a project? [_] Yes U Are there any judgments, claims or suits pending or outstanding b_~ or against you? L] Yes r~ No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: Name of Organization: BY: Title: Attested By: Title: Date: RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Collier County Florida Insurance Requirements INSURANCE TYPE REQUIRED LIMITS Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. N/A 5. Commercial General Liability (Occurrence Form) patterned after the current I.S.O form with no limiting endorsements. Bodily Injury & Property Dama.qe $1,000,000 Single Limit Per Occurrence Indemnification: The ContraCtorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. Automobile Liability Owned/N o n-own ed/Hired Automobile InclUded $1,000,000 Each Occurrence Other Insurance as indicated below: a) Professional Liability b) Builder's Risk $ $ RFP #03-3568 - "Annual' Contract for Countywide Exotic Vegetation Removal" 16E2 ' ' Page 21 10. COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Collier County must be named as "ADDITIONAL Certificate for Commercial General Liability and where required. INSURED" on the Insurance Automobile Liability Coverage Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other .format will be acceptable. Thirty (30) Days Cancellation Notice required. The Certificate must state the Bid Number and Title. BIDDERS AND INSURANCE AGENT STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of bid, Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 16E2 Page 22 THIS FORM IS TO BE COMPLETED AND RETURNED WITH THE PROPOSAL THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSERS CHECKLIST ! M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your Proposal, Proposer should check off each of the following items as the necessary action is completed: 2. 3. 4. The Proposal has been signed. Any required drawings, descriptive literature, etc. have been included. Any delivery information required is included. If required, the amount of Security deposit has been checked and included. Any addendum have been signed and included. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners Collier County Government Center- Bldg. G 3301 Tamiami Trail E. Naples, Florida 34112 The mailing envelope must be sealed and marked with: Proposal Number; Proposal Title; + Due Date. The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS/RFP MUST HAVE THE PROPOSAL/ RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET CompanyName Signature & Title Date RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Page 23 CONTRACT PROPOSAL BOARD OF COUNTY COMMISSIONERS Collier County Courthouse Naples, Florida 34112 16E2 RE: Request for Proposals #03-3568 "Annual Contract for Countywide Exotic Vegetation Removal" Dear Commissioners: The undersigned, as proposer, .hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to providing exotic and other undesirable vegetation removal. The proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, with out collusion or fraud. ' The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ,2003 in the County of , in the state of day of Proposer's Complete Legal Name (Circle one): Corporation, Sole Proprietorship, Partnership Phone No. FAX Numb. Address City and State ZIP BY: Typed and Written Signature Title 16E2" AGREEMENT THIS AGREEMENT, made and entered into on this 13th day of January 2004, by and between Aquatic Weed Control Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: COMMENCEMENT. "This Agreement shall commence on the date of approval by the Board of County Commissioners and shall terminate two (2) years from that date. The County may, at its discretion, and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall perform exotic vegetation removal in accordance with the terms and conditions of RFP #03-3568 and the Contractor's proposal hereto attached and made an integral part of this agreement. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). Payment will be made for the work completed and accepted upon inspection by the County. Retainage in the amount of ten percent (10%) shall be withheld from the payment and will not be released until all work, including follow-up treatment of re- growth has been completed, inspected and accepted by the County. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S. otherwise known as the "Florida Prompt Payment Act". NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Aquatic Weed Control, Inc. 6536 Pinecastle Blvd Suite A Orlando, FL 32809 Fax # 407-859-3275 1 o All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Attn: Steve Carnell, Director Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Fax # 239-732-0844 The Contractor and the County may change the above mailing addresses and or fax numbers at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. o 16EZ' TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Business Auto Liability_: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 12. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks & Recreation Department. 13. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, and RFP # 03-3568. 14. SUBIECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above ATTES'T: D~{gh~t E. Brock, clerk 9f Courts Dated: , '- (SEAL)'' Attest as $~ot~ o~1~. First Witness ~'Type/print wi~ss Second Witness BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Contractor Signature Typed signature and title TType/print witness name~' CORPORATE SEAL (corporations only) Approved as to form and leg~fficienc~) ) Scott R. Teach Assistant County Attorney FILE No.3; ACORD, PRoouc~. (407) George Eid$or P.O. Box S40; Z807 Edgewat{ Orlando, FL ~NSUReO Eric In~ Aquatic Post Orl antic, FAX~: 40~ COVERAGES CERTIFICATE OF LiABILITY INSURANCE U I2/31/2003 9-0333 FAX (407)42 5- 5694 THIS CERTIFICATE IS ISSUED AS A MA3 r~R OF INFORMATION Agency, Inc. ' Drive :854-O209 leed Control ce Box 593258 FL 3285B 859-3275 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Hartford Ins of the Southeast (A+ Rating) ~.SUR~Ra Hartford Ins of the Southeast (A+ Rating) INSURER C INSURER O INSURER ~: URANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDAaOvE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING tERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFiCATE MAY BE ISSUED OR SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH rE LIMITS SHOWN MAy HAVE BEEN REDUCED BY PAID CLAIMS. ,- POLIC¥-~ PI3LiCY?E~iRATiQN ~URANCE POLICY NUMBER DATE (MMIDD/YY] DATE fMI~/DD~) LIMIT~ 21$BAKZ7190 O1/31/2OO4 01/31/2OO5 ~AC~occue~ENCE Is 1,OOO,O0~ · ~N~RAL LIABILITY FlEE DAMAGE {/Uly or~ fire $ 300. MIT APPLIES PER'. PROD~CT~ - COMPIOP AGO $ 2. OO0 ~ ~ ~1UECUV1222 O1/31/2004 Oi/S 112005 COMBINED S~NGLE UMIT t ~ 0OO, OS BODILY INJURY OS fPef per.on) BODILY INJURY ) PRO~ER~ ~MA~E ) {Po/a~idonQ AUTO ONLY - EA ~CIO~NT O~HER TH~ EAACC; $ AuTO ONlY A~ $ 21SBAKZ7190 01/31/2004 0~/3~/200~ ~Ac~ occu~.~c~ ~ 3,000 ~000 ~ta~ ned ~m~t s ~0,OOO ' Wc $IATU- I OTH- .T~O. Aao 2IWECEV6382 O3/13/2003 03/1~/2004 X i-toRY LiMiTS I f ER .... ~?, DISUSE- POLICY LIMIT $ [. OOO~ OO~ ~icide Z[5SAKZ7IgO 0[/]t/2004 OZ/]I/ZO05 Inc]ud~ within General factors Liabi] isy Limi~ $i]8,O0~ $250 Ded I~L~ATIO~HICLEStE~CLU~ON~ ~D~ aY ENDORS~$~I~PECIAL~ROvISlON8 ~vern~nt l~s~e~ as a~3~lona] ins.re~ wi~ respec~ to Genera] Liability THE POLICIES OF IF ANY REOUIREMEN3 MAY PERTAIN. THE POLICIES. AGGREG TYPE OF I: GENERAL LIABILIT COMMERCIAL CLA. IM$ IV Contract GEN'L AGGRE CaAT~ AUTOMOBILE LIABI ANY AUTO ALL OWNED Al SCHEDULED A1 HIRED AUTOS NON-OWNED A Comp $10~ i toll $10~ GARAGE LIABILITY ANY AUTO EXCESS LIABILITY __ OCCUR [ DEDUCTIBLE RETENTION WORKERS ¢OMPEN; EMPLOYERS' LIABL, IESCRIPTION OF OF'ERA'It ollier County ( :EETIFICATE HOLD~ t I J ADDITIONAL INSURED; lflSuRER LET[ER: __ CANCELLATION Collier C, 4nt¥ Government Administr~ :ive Services Division 3)O~ E Ta~ iami Trail Naples , I_ 34~12 CORD 25-S (7197) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE THE EXPJRJLTION [3ATE THEREOF, THE 1:~3UmNG GOMPANY WILL ~ND~VOR TO M~L ~0 . DAY~ WRITTEN NOT~CE TO THE CER~FICATE HOLDER NAMED 70 THE LE~, ~UT ~AILURE TO MAIL SUCH NOTICE 5HALL IMPOSE NO OBLIGA~ OR LIA~LI~ OF ANY KIND UPON THE COMPANY, ITS ~ENTS OR REPRESENTATIVES. Larry G Fegebank, CPCU/CAF ©ACC)RD CORPORATION 1988 RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 16E2' '1 COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DIVISION Purchasing Department 3301 TAMIA1VII TRAIL EAST NAPLES, FL 34112 Telephone: (239) 774-8995 Fax: (239) 732-0844 http'J/co.eollier.fl, us DATE: October 1, 2003 TO: Prospective Proposers FROM: Scott Johnson, Purchasing Agent Purchasing Department SUB J: RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Pursuant to direction by the County Manager, Collier County is seeking proposals from firms interested in providing exotic vegetation removal services on an as-needed basis under an annual contract. Please refer to the Legal Advertisement contained in the enclosed Proposal Package for the time and the due date for proposal submission. All Proposals must be forwarded to the County Purchasing Director's Office, Purchasing "G" Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida 34112. The services shall include, but not be limited to the "Scope of Services" as described in the attachment. If you have any immediate questions regarding the intended Scope of Services, you may contact Mr. Scott Johnson, Purchasing Agent, at 239/774-8995, Fax 239/732-0844 or email: ScottJohnson@colliergov.net. We look forward to your participation in this process. cc: Doug Suitor, Natural Resources Joe Delate, Parks & Recreation Kyle Lukasz, Pelican Bay Services RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" PUBLIC NOTICE OF REQUEST FOR PROPOSALS Pursuant to action approved by the CountY Manager, Sealed Proposals for an annual contract for County wide exotic vegetation removal will be received until 3:00 p.m. on October 24, 2003 at the Purchasing Department, Purchasing Building "G", Collier County Government Complex, Naples, Florida 34112. RFP #03-3568 "Annual Contract for Countywide Exotic Vegetation Removal" When a project is in excess of $50,000.00 and more than thirty (30) days in duration; the successful Contractor(s) may be required to furnish the necessary Payment and/Or Performance Bond, using the form prescribed in Exhibit A, pages A-1 through A-3 of this Document. The Performance Bond, and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. All proposals shall be made upon the enclosed forms requesting pertinent information which will be used by the County in making its evaluation of the-proposals. All proposals shall be Submitted in accordance with the Instructions to Proposers and the Request for Proposal specifications. Any firm who is a recipient of County funds, or who proposes to perform any work or furnish any goods under this RFP shall not discriminate against any worker, employee or applicant or any member of the public based on age, race, color, sex, religion, national origin, disability or marital status, nor otherwise commit an unfair employment practice. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: IS/ Steve Carnell Purchasing Director This Public Notice was posted in the Lobby of the Purchasing Building "G", Collier County Government Center on October 1,2003. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Page 3 General Information Scope of Services Collier County is seeking the services of three (3) or more qualified, professional firms, properly licensed in the State of Florida, to provide complete exotic vegetation and other nuisance vegetation removal services. Services shall include, but not be limited to, the following: Exotic vegetation and other nuisance vegetation removal by manual and mechanical methods including chemical and physical removal. The applicator(s) of any herbicides shall be State licensed (copy of license(s) including Pest Control Operator's license, to be furnished with proposal) and the treatments shall be in accordance with Florida State Law and label requirements. Trees, bushes, and other vegetation may be cut with machetes, chain saws, brush trimmers, etc., and/or treated with chemicals, or removed by other methods, depending on the requirements of the particular project and as directed by the County. Work hours shall be 7:00 a.m. to 5:00 p.m. Monday through Friday unless otherwise directed by the County Project Manager or their designee. Vehicles and equipment shall be parked in areas designated by County, and may be parked overnight with the prior permission of the County Project Manager or his designee. The Contractor shall furnish all labor, material, supervision, equipment, supplies, tools, services, disposal methods and all other incidentals required to perform all exotic and other undesirable vegetation treatment and/or removal. Due care must be given so as to not damage or destroy mangroves or other desirable vegetation within the area of exotic treatment. When removal of exotics or other undesirable vegetation occurs, due caution should be given to the surrounding habitat. Surface area should be disturbed as little as possible. Native vegetation damaged during treatment will be replaced according to County Code. Species to be removed during the project currently include: Category 1 species listed on the current Exotic Pest Plant Council (EPPC) invasive species list as well as, Brazilian Pepper (Schinus terebinthifolius.), Melaleuca (Melaleuca quinquenervia), Air Potato (Dioscorea bulbifera.) Australian Pine (.Casuarina spp._), Java Plum (Syzygium cumini), Woman's Tongue Tree (Albizia lebbeck), Earleaf Acacia (Acacia auricutiformis), and Downey Rosemyrtle (Rhodomyrtus tomentosus), Tropical Soda Apple (Solanum viarum), Old World Climbing Fern (Lygodium japonicum), Latherleaf (Colubrina asiatica), Catclaw Mimosa (Mimosa pigra), Carrottwood (Cupianopsis anacardiodes), Bishopwood (Bischofiz javanica), Schefflera (Schefflera sp.), Laurel Fig (Ficus microcarpa). Other species may be added as the need arises, including those on the current Exotic Pest Plant Council (EPPC) invasive species list, and/or any other undesirable species and this list shall not be deemed all-inclusive. CONTRACT TERMS: The contract term shall be for a period of two (2) years commencing on the date of approval by the Board of County Commissioners. The County, at its discretion, shall have the option to renew this Agreement, following the above initial term, for two (2) additional one (1) year periods under the same terms and conditions as in the first-year contract. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 1692 Access/Easements: The County shall provide the Contractor with information concerning available legal access to the designated work site. Safety: The Contractor shall perform all exotic vegetation treatment operations in an orderly and safe manner. Contractors shall be required to comply with the current County Maintenance of Traffic (MOT) policy, if MOT is required by the project. Notification: The Contractor shall be responsible for keeping the Collier County Project Manager or their designee advised at all times of his work site location and proposed schedule for performing the work required under this contract. Clean Up: All work sites shall be cleaned up and left in a neat and orderly manner including picking up and removal of all loose and unsightly vegetation materials on a daily basis. Included in cleanup operation shall be the removal and proper disposal of all trash, trimmings, and debris deposited on site. Any ruts made in the soil shall be removed by Contractor. Final Acceptance: All work scheduled for completion under this Contract shall be substantially completed according to the Work Order requirements. Final acceptance by the County shall be after a two (2) month mortality evaluation period from the substantial completion date. At final acceptance, the Contractor shall demonstrate to the County that all exotic vegetation on site has been exterminated to the County's complete satisfaction. Any re-growth of stumps, cut limbs, or newly discovered exotic plants shall be properly removed by the Contractor at no additional expense to the County. Following any re-treatment, there shall be a one (1) month mortality re-evaluation period to determine effectiveness of re- treatment. When a period of time is referenced by days, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the County, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or legal holiday. Method of Payment: Payment will be made for the work completed and accepted upon inspection by the County for complete exotic removal. As a method to assure completion of the total project, retainage in the amount of ten percent (10%) of all work completed will be withheld from the payment. The ten percent (10%) retainage will not be released until all work, including follow-up treatment of re-growth has been completed, inspected, and accepted by the County. Non-Performance: In the event the Contractor fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the County Project Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. The selected Contractor(s) will be responsible for providing complete exotic vegetation removal services for a wide range of projects as may be required by Collier County. The 6E2' RFP #03-3568 - "Annual Contract for County~vide Exotic Vegetation Removal" selected firms shall be responsible for knowledge of and compliance with all relative local, state, and federal codes and regulations. The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work service assignments shall be at the sole discretion of the County. Should any project that is active extend past the contract termination date, that contract shall be extended until completion of such project. This Contract will be available for use by all County Departments. The Contractor(s) and the County agree that member entities of the Southwest Florida Purchasing Consortium as well as other County agencies and the Collier County Airport Authority may participate in this contract. Offer Extended to Other Governmental Entities: Collier County encourages and agrees to the successful bidder/proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful biddedproposer. Procedures: The procedure to be followed will be determined by the value of the project. The procedure for projects with a value of $25,000 (or current County bidding threshold) or less are outlined below: 1. Summary of Work to be provided to one of the selected firms; Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. Issuance by Owner of a numbered Work Order. Procedures for projects with a value of $25,000 to $50,000 are as follows: Quotations shall be solicited from at least three (3) of the selected firms. Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. Owner may negotiate terms and conditions; 4. Issuance by Owner of a numbered Work Order. Procedures for projects with a value of $50,000 to $100,000 are as follows: Quotations shall be solicited from at least three (3) of the selected firms. Completion time and the collection of liquidated damages may be specified in the Quotation. A Performance Bond may also be required. Contractor shall respond with the information and/or proposal sought within seven (7) working days; RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Page 6 Owner may negotiate terms and conditions; 16E2 If a Performance Bond is required, Contractor shall provide within seven (7) working days after notification of award; Issuance by Owner of a numbered Work Order. Procedures for projects with a value of over $100,000 are as follows: Quotations shall be solicited from at least three (3) of the selected firms. Completion time and the collection of liquidated damages may be specified in the Quotation. A Performance Bond may also be required. Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. Owner may negotiate terms and conditions; If a Performance Bond is required, Contractor shall provide within seven (7) working days after notification of award; Issuance by Owner of a numbered Work Order, but with County Attorney and Board of County Commissioners approval required. Performance Bond Requirement When a construction project is in excess of $50,000.00 and more than thirty (30) days in duration, the Contractor(s) may be required to provide a Performance Bond, in the form prescribed in Exhibit A, Pages A-1 through A-3, in the amount of 100% of the Contract Amount, the costs of which is to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. All performance security under the subsequent contract shall be continued for a six (6) month period beyond the final completion of the project. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" NON-PROPOSER'S RESPONSE For purposes of maintaining an accurate vendor's list and facilitating your firm's response to our RFP invitation, we are interested in ascertaining reasons for prospective proposer's failure to respond to RFP invitations. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate items(s) listed below and return this form to Ms. Barbara Hecker, Purchasing Technician, Collier County Purchasing Department, Purchasing Building "G", County Government Center, Naples, Florida 34112. We are not responding to this RFP invitation for the following reason(s): Services or materials requested not manufactured by us or not available to our company; Our services or materials do not meet specifications; Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, or j Insufficient time allowed for preparation of RFP; Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( ) By: FAX Signature of Representative RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Page 8 Instructions to Proposers 16E2 Proposal Submission: The proposal shall be deemed an offer to provide complete general construction services to Collier County. In submitting a proposal, the Proposer declares that he understands and agrees to abide by the Scope of Services, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Proposer agrees that if the contract is awarded the work shall be performed in accordance with the provisions, terms and conditions of the contract. By submitting a proposal, the Proposer declares that he understands and agrees that this proposal, scope of services, provisions, terms and conditions of same, shall become part of a valid contract between Collier County and the undersigned upon notice of award in writing and/or issuance of a purchase order by Collier County. All proposals, including qualifications, requested submittals, and other data pertinent to making an objective evaluation of your firm's capabilities must be forwarded to the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building "G", Naples, Florida 34112 on or before 3:00 P.M., Collier County Time on October 24, 2003. The Proposer shall submit the original properly signed in blue ink and clearly marked "Original", and five (5) copies of the proposal to the Purchasing Director in a sealed envelope on which shall be clearly stated the proposal closing date, the name of the proposal, and number assigned to the proposal. Proposals received after the published deadline shall not be accepted and will be returned unopened. However, the Purchasing/General Services Director (or his designee) shall reserve the right to accept proposals received after the posted deadline under the following conditions: a.) The tardy submission of the proposal appears inadvertent and; b.) The acceptance of said proposals does not afford any competing firm an unfair advantage in the selection Process. Principals/Collusion: By submission of this Proposal, the undersigned, as Proposer, does declare that the only person or persons interested in this Proposal as principal or principals is/are name therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. Insurance Costs: Since these conditions include Insurance Requirements, it should be noted by the Proposer that, in order to meet the County's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the Proposer discuss these requirements with the Proposer's agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Proposer. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Page 9 Proposal Withdrawl: No Proposal may be withdrawn after it is filed unless the Proposer makes his request in writing to the County prior to the time set for the closing of Proposals, or unless the County fails to accept it within sixty (60) days after the date fixed for opening. Exceptions to Instructions or Conditions: Proposers taking exception to any part or section of these instructions or conditions shall indicate such exceptions on their Proposal. Failure to indicate any exceptions shall be interpreted as the Proposer's intent to fully comply with the Scope of Services as written. Law and Regulations: It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. Proposer's Certification: Submission of a signed Proposal is Proposer's certification that the Proposer shall accept any awards made to him as a result of said submission of the terms contained therein. The Proposer's obligation under this provision shall not be limited in any way be the agreed upon contract price, or the Provider's limit of, or lack of, sufficient insurance protection. The Proposer shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall hold the County harmless against all claims of whatever nature by third parties. Relation of County: It is the intent of the parties hereto that the successful proposer shall be legally considered as an independent contractor, and that neither he nor his employees shall, under any circumstances, be considered servants or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said successful proposer, his servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. Taxes: Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier County Use Tax Certificate Number is 21-07-019995-53C. Invoices: Payments will be made for articles furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within a reasonable time thereafter. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. Vendor Performance Evaluation: Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. Expenses Included in Preparing Proposal: The County accepts no responsibility for any expenses incurred in the Proposal, preparation or presentation; such expenses to be borne exclusively by the Proposer. Award Challenge: All costs accruing from a Proposal or an award challenged as to quality, etc. (tests, etc.) shall be assumed by the challenger. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" a. oE Page 10 Termination. Should the Contractor be found to have failed to perform in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. ASSIGNMENT: The successful Proposer(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the County. Lobb¥inq: All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal opening to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director. Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Proposal Form: Each proposer must submit the Proposal Form included in this Request for Proposal. Single Proposal: Only one proposal from a legal entity as primary will be considered. A legal entity who submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a subconsultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary, or as part of a partnership or joint venture as a primary, that legal entity may act as a subconsultant to any other firm or firms submitting under the same RFP. If it is found that a proposer is in violation of this section, all proposals in which such a proposer is listed will be rejected. Licenses: The Contractor, at time of proposal submittal, shall possess the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. Copies of the licenses should be submitted with the proposal indicating that the entity proposing is properly licensed to perform the activities or work included in the contract documents. The vendor shall be licensed to operate within Collier County. Signature of Proposer: The proposer must sign the proposal in the spaces provided for signatures. If the proposer is an individual, the words "Sole Owner" shall appear after his signature. If the proposer is a partnership, the word "Partner" shall appear after the signature of one of the partners. If the proposer is a corporation, the signature required is the Officer, Officers or Individual duly authorized by its by-laws or the Board of Directors to bind the corporation with official corporate seal affixed thereto. Interpretation of Proposal documents and Investigation of Project: Each proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the location and the character of the services he agrees to perform. If the proposer should be of the opinion that the meaning of any part of the Proposal Document is doubtful, obscure or RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Page 11 contains errors or omissions, he should report such opinion or opinions to the Purchasing Director. Neither the County Manager or his staff shall be responsible for oral interpretation given either by himself or members of his staff. The issuance of a written addendum shall be the only official method whereby such interpretation will be given. Rejection or Acceptance of Proposal: The right is reserved by Collier County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the Countyof Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful proposer, or his refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other proposer or to re-advertise using the same or revised documentation, at its sole discretion. Protection of Rights of County: The County reserves the right to include in any contract document such terms and conditions as it deems necessary for the proper protection of the rights of Collier County. Protest Procedures: Any actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the Bid or the acceptance date for the Request for Proposals. Award of contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building, may not be awarded or perform work as a contractor, supplier, or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Page 12 Prohibition of Gifts to County Employees: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2000-58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Additional Information: Other than minor procedural matters, questions regarding this proposal must be in writing (email or fax is also acceptable) and submitted to: Scott Johnson Purchasing Department Building G 3301 Tamiami Trail East Naples, Florida 34112 (239) 774-8995 fax: (239) 732-0844 Email: ScottJohnson@colliergov.net Written questions must be received no later than ten (10) Collier County work days prior to Proposal acceptance date. Should any questions or responses require revisions to the Request for Proposal as originally published, such revisions will be by formal amendment only. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 6 E2 Proposer's Qualifications: All proposers must be primarily engaged in providing the services as outlined in these specifications. All proposers must have a demonstrated comprehensive understanding in areas listed in this proposal. Understanding and previous experience is a very essential criterion in the qualifying process. The County reserves the right to check all references furnished and consider the responses received in determining the award of this proposal. The proposer's personnel and management to be utilized in this service requirement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Proposal Submittals: In responding to this proposal, each proposer shall include within a 20-page limit (total for the entire submission). Project Understanding: (Maximum 10 Points) Provide a narrative of the proposer's understanding of the overall intent of the services. Identify any issues or concerns of significance that may be appropriate. o Proposer's Credentials: (Maximum 15 Points) Proposers shall provide, in detail, their credentials for providing exotic and other undesirable vegetation removal and any information which documents successful and reliable experience in past performance, especially those performances related to the requirements of this Request for Proposal. Include a description of the proposer's business history and number of years in operation. Related project experience shall be restricted to those assignments undertaken within the last three (3) years. Copies of relevant licenses shall be included in the proposal. Staff Credentials: (Maximum 20 Points) The proposer shall include the name, title, address, and telephone number of persons who will both manage and be assigned to perform services under the proposal. A signed 1-page resume, including references, detailing educational qualifications and previous work assignments related to this Request for Proposal for each person who will perform the services required shall be included. Failure to do so may be cause for rejection of the proposal. Credentials will be subject to verification. In the event there should be a change in the person(s) names assigned to perform the services under this contract, the contractor shall submit, for approval to the County, the credentials and resumes of the person(s) the contractor wishes to perform the services under the contract. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Page 14 Ability to Complete Projects on Time and Within Budget: (Maximum 20 Points) Proposer should submit their approach to schedule control, the monitoring of schedules and budget, consistency with County project time frames and budgeting requirements and proposer's current and projected workload, and available labor resources. References: (Maximum 20 Points) A list of three (3) applicable customer references is to be provided who have contracted for similar services offered by the proposer which is considered identical or similar to the requirements of this Request for Proposal. Failure to do so may be cause for rejection of the proposal. The list shall include. 1. Company name and address; 2. Contracting officer and telephone number; 3. Technical representative and telephone number; and 4. A brief, written description of the project. Office Location and Responsiveness: (Maximum 15 Points) Rating will be based on ease of contract administration and responsiveness. The proposer with all key personnel located in Collier County will receive five (5) points. Proposers' principal offices and/or key personnel in other areas will receive fewer points. Proposer's ability to provide a complete proposal will be considered representative of the firm's responsiveness. Points will be deducted under this item for failure to submit all information as requested in this RFP. Supplemental Information Statement of litigation that firm or staff is currently involved in, or has been involved in over the past five (5) years, stating points of contention and results if available. 2. Proposer Qualification Form. 3. Insurance Requirements Certification. 4. Proposer's Checklist. 5. Proposer Declaration Statement. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" P gel 6 [2 Conflict of Interest Statement as follows: 1. Proposer shall provide a list of any businesses and/or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest 2. Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Proposer further represents that no persons having any such interest shall be employed to perform those services. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. By signing below in the space provided, a principal of the firm certifies that he/she has read and understands the above requirements, and that the firm will comply fully with item 2 if awarded a contract by the County. Signature and Title of Principal Date RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 16E2 Page 16 Evaluation and Selection Procedure: Collier County procedure for selecting is as follows: 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Receipt Of Proposals. Subsequent to the closing of proposals, the Purchasing Agent and/or Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP, Prior to the first meeting of the selection committee, Purchasing will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 6. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria listed below. The Purchasing Agent will compile individual rankings for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations from the top-ranked firm(s). Once the final ranking has been compiled, the Selection Committee will choose the short listed firms based on consensus and not necessarily by the final ranking order of the firms. The final recommendation will be decided based on review of scores and rankings, discussion, and consensus of the committee. Subsequent to a consensus decision, a contract shall be negotiated with the top-ranked firm(s). Award of the contract is dependent upon the successful and full execution of a mutually-agreed contract. 9. Upon the successful completion of negotiations, a contract wilt be presented to the Board of County Commissioners for approval. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Contractual Conditions: Collier County has developed standard contracts that have been approved by the County Attorney and the Board of County Commissioners (BCC) for all projects. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by vendor. All respondents to this bid will be required, if selected to perform the work, to execute the standard contract(s) within forty-five (45) days of Notice of Selection for Award. These documents are available for inspection at the Purchasing Office and a review is encouraged prior to submitting a proposal. All Proposals will be evaluated and scored on the following criteria. GRADING CRITERIA 2. 3. 4. 5. 6. POINTS Project Understanding 10 Proposer's Credentials: 15 Staff Credentials: 20 Ability to Complete Projects on Time and within Budget: 20 References: 20 Office Location and Responsiveness: 15 Total Possible Points 100 RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" PROPOSERS QUALIFICATION FORM FIRM NAME: Address: City: State__ZIP Telephone:( FAX Numb.: (__ Email: TYPE OF FIRM: Corporation/Years in Business: Partnership/Years in Business: Sole Proprietorship/Years in Business: NUMBER OF PERSONNEL IN ORGANIZATION: Administrative:~ Professional: Office: Shop:__ Field:~ REFERENCES: Bank(s) Maintaining Account(s): REPRESENTATIVE CONTRACTS COMPETED DURING LAST THREE YEARS: YearlProiect Agency Contact Person LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed Agency Contact Person LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Pag~t 6 E2 PROPOSER QUALIFICATION FORM (Continued) OTHER INFORMATION ABOUT PROJECTS: Have you, at any time, failed to complete a project? [_~ Yes rE_] Are there any judgments, claims or suits pending or outstanding ~ or against you? [_] Yes L] No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: Name of Organization: By: Title: Attested By: Title: Date: RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" INSURANCE TYPE Collier County Florida Insurance Requirements REQUIRED LIMITS Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. N/A 5. Commercial General Liability (Occurrence Form) patterned after the current I.S.O form with no limiting endorsements. Bodily Injury & Property Damage $1,000,000 Single Limit Per Occurrence Indemnification: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. Automobile Liability Own ed/N o n-owned/H ired Automobile Included $1,000,000 Each Occurrence Other Insurance as indicated below: a) Professional Liability b) Builder's Risk $ $ RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" ,/ lo. COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Collier County must be named as Certificate for Commercial General where required. "ADDITIONAL INSURED" on the Insurance Liability and Automobile Liability Coverage Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE-The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. Thirty (30) Days Cancellation Notice required. The Certificate must state the Bid Number and Title. BIDDERS AND INSURANCE AGENT STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of bid. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal' vage2~ 6 E2 THIS FORM IS TO BE COMPLETED AND RETURNED WITH THE PROPOSAL THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSERS CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your Proposal, Proposer should check off each of the following items as the necessary action is completed: 1. The Proposal has been signed. 2. Any required drawings, descriptive literature, etc. have been included. 3. Any delivery information required is included. 4. If required, the amount of Security deposit has been checked and included. 5. Any addendum have been signed and included. 6. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners Collier County Government Center - Bldg. G 3301 Tamiami Trail E. Naples, Florida 34112 7. The mailing envelope must be sealed and .marked with: Proposal Number; Proposal Title; + Due Date. 8. The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS/RFP MUST HAVE THE PROPOSAL/ RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name Signature & Title Date RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" CONTRACT PROPOSAL BOARD OF COUNTY COMMISSIONERS Collier County Courthouse Naples, Florida 34112 RE: Request for Proposals #03-3568 "Annual Contract for Countywide Exotic Vegetation Removal" Dear Commissioners: The undersigned, as proposer, hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to providing exotic and other undesirable vegetation removal. The proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, with out collusion or fraud. The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ,2003 in the County of , in the state of day of Proposer's Complete Legal Name (Circle one): Corporation, Sole Proprietorship, Partnership Phone No. FAX Numb. Address City and State ZIP BY: Typed and Written Signature Title AGREEMENT 16 E2 '! THIS AGREEMENT, made and entered into on this 13th day of January 2004, by and between DeAngelo Brothers, Inc. dba Aquagenix, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: COMMENCEMENT. "This Agreement shall commence on the date of approval by the Board of County Commissioners and shall terminate two (2) years from that date. The County may, at its discretion, and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall perform exotic vegetation removal in accordance with the terms and conditions of RFP #03-3568 and the Contractor's proposal hereto attached and made an integral part of this agreement. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). Payment will be made for the work completed and accepted upon inspection by the County. Retainage in the amount of ten percent (10%) shall be withheld from the payment and will not be released until all work, including follow-up treatment of re- growth has been completed, inspected and accepted by the County. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S. otherwise known as the "Florida Prompt Payment Act". NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: DeAngelo Brothers, Inc. dba Aquagenix 1374 N. Killian Drive, Suite A Lake Park, FL 33403 Fax # 561-881-1293 16E2 o All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Attn: Steve Carnell, Director Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Fax # 239-732-0844 The Contractor and the County may change the above mailing addresses and or fax numbers at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving not/ce of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. o 16E2 TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: go Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Bo Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 12. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks & Recreation Department. 4 13. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, and RFP #03-3568. 14. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST:. '.-' Dwigh~ E: Br°ck, Ci~Ek o~f)~ourts kttest es ~o ghltrIM'$ st~a~ure o~1,I. FirSt Witness ~'Typ,~/print witness name~' TT~e/pr~t wi~ess nameT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: d~Cha~, C~)ntractor By: Signature CORP6 ~R2aiTE'.sEAL (corPorations-0nly) '. Approved as to form and legal sufficiency: ~e'6~t 1~. Teach Assistant County Attorney [ ACORDr. ERTIrlCATE OF LIABILITY INSURAN t .....................~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER -- [ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ~Tbe Graham uompany I HOLDER. THIS CERTIFI~TE DO~ NOT AMEND, EXTEND OR ~The Graham Bu((d{ng / ALTER THE COVERAGE AFFORDED BY THE-POLICIES BELOW. ~t Penn Square We~ ~ JPhJladelph~a, PA !~102 ~ INSURERS AFFORDING COVERAGE NAIC [~NSURED DeAngeIo Brothers, inc. TIA Aquagenix ~u~ER ^: Clarendon America insurance 11210 Philip~ Industrial Blvd., SuJ~ ~ INSURER ~: Zurich-American Insurance Company J I Jac-Ksonvi!!e, FL 322,56 INSURER C: St. P~il Stitpl[iS Lihe~ It~tJt~t~ee ~NSU~ER o: American IRternaflonal SpecialLy Lines Ins.l j iN~URE~. E: THE POLICIES OF INSURN'4CE LISTED BELOW HAVE BEEN SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR cONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS CERTIFICATE MA_'~ POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I P~)t. IcT EFFEC'nVE POLICY EXPIRATION LTR '4SRD TYF'E OF GENI;t:~AL LIAglLITY ; E~H ~CC~NC~ ~ 1,000,000 A ~ CO~E~C~E~E~LL~U~ (SR0~10146 ~ 1111103 ~I1104 D~ PREMISES (Re o~curemce~ $ 100,000 I C~l~S ~E ~ OCCU~ MED ~ (~y one person) $  Policy Subject to SIR PE~SO~L ~ ~gv J~U~Y ~ 1,000,000 GENE~ .AGGREGATE $ 2,000,000 GEtCLAGGREGATE LIM~T~PLIESPE~: PRODUCTS-COMP/OPAGG ~ $ 2,000~0 ~POL,CY~pR~,~¢ ~L~ ~ I AUTOMOBILE L~BIL~ ~ ~ COJ~ll"lED SR'~LE LIMIT B ~ ~NT AUTO B~386612000 1111/03 ;t 11/1/04 {Ea  ,~L OWNED ~OS [ ~ BODILY INJURY SCHEDULED A~OS ' [ (Per pem0n)  HIRED A~O~ ~ BODILY 1NJ~Y N~-O~D AUTOS 'B--X ANYAUTO BAP386612000 I 11111U,.~ i 11111Ue i -- ,'~L OWNEE' AL,nT, 0S' [ j BODILY INJURY SCHEDULED AL,rfOS , [ (Per person) $ t HIRED A'JTOS ~ BODILY INJURY NON-OWNED AUTOS i , PROPERTY, ,~_~Physical Damage i (P ..... id,hi) ~RAGE LiABILiTY AUTO ONLY- F_~ ACCJ0ENT $ I' '~m" AUTO QZ06812034 { O~E~ T~ ~AO: , A~0 ONLY: AO0 ' ~ ' ~ ' ~ !' EACH OCCL~R~ $ 5¢000¢000 ~ ~ occ~ ~ CL~S ~,E 1Iil103 1111104 ~.~,~ ~ 5,000,000 [ DEDUCTIBLE ~ y WC STATU- OT~; WORKERS COMPENSATION AND ~ ~ ~ "~ TORY LIMITS I ~ ER B EMPLO~RS' L~mU~ ~WC386611900 1 tltl03 1111104 EL ~CHACCIDE~ . $ 1,~0,000 ~ypROPR~OP~T~,~XECUTIVE ~ ~ E.[. D39~SE--EA'EM~O'YEE $ %000,000 CCFICE~¢EMBER ~;CLUDEO? ~f yeS, descdbe under~J J E.L. DISEASE- POLICY LiMiT j SPEC[~ PRO~SIONS ~elow OTHER QESCRiPT ON qF OPE~TIONS I LOCATIO~ I VEHICLES i EXCLUSIONS ~OED B~ ENDORSEMENT t ~PEC~ :Texas A~mobile Policy ~TAP3866121 ~0 Collier Coun~ Board of Coun~ Commissioners is an additional insured on the above Commercial General Liabili~ policy if required by wri~en contracL CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3301 East Tamiami Trail Napies, FL 34112- ACORD 25-(200 SHOULD ANY OF THE ABO~.'E DEe~CRIBED p D*. ,'C/ES BE CA~LL~ BErnE THE EXP~P~N AU~OR~ED REPRESENTATIVE ~ - ~ ~ ' ~ ~'ACORD' CORPORATION 1988 RFP ~r0v-o568 - "Annual Contract for Countywide Exotic Vegetation RemovaD 186 E2 COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DIVISION Purchasing Department 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 Telephone: (239) 774-8995 Fax: (239) 732-0844 DATE: October 1, 2003 TO: . Prospective Proposers http://co.collier.fl.us FROM: Scott Johnson, Purchasing Agent Purchasing Department SUB J: RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Pursuant to direction by the County Manager, Collier County is seeking proposals from firms interested in providing exotic vegetation removal services on an as-needed basis under an annual~contract. Please refer to the Legal Advertisement contained in the enclosed Proposal Package for the time and the due date for proposal submission. All Proposals must be forwarded to the County Purchasing Director's Office, Purchasing "G" Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida 34112. The services shall include, but not be limited to the "Scope of Services" as described in the attachment, If you have any immediate questions regarding the intended Scope of Services, ~)ou may contact Mr. Scott Johnson, Purchasing Agent, at 239/774-8995, Fax 239/732-0844 or email: ScottJohnson@colliergov.net. We look forward to your participation in this process. cc: Doug Suitor, Natural Resources Joe Delate, Parks & Recreation Kyle Lukasz, Pelican Bay Services RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" PUBLIC NOTICE OF REQUEST FOR PROPOSALS Pursuant to action approved by the County Manager, Sealed ProPosals for an annual contract for County wide exotic vegetation removal will be reCeived until 3:00 p.m. on October 24, 2003 at the Purchasing Department, Purchasing Building "G", Collier County Government' Complex, Naples, Florida 34112. RFP #03-3568 "Annual Contract for Countywide Exotic Vegetation RemOval" When a project is in excess of $50,000.00 and more than thirty (30) days in duration, the successful Contractor(s) may be required to fUrnish the neceSsary Payment and/or Performance Bond, using the' form prescribed in Exhibit A, pages A-1 .through A-3 of this Document. The Performance Bond, and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in thelState of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorneyl All proposals shall be made upon the enclosed forms requesting pertinent information which will be used by the County in making its evaluation of the proposals. All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal specifications. Any firm who is a recipient of County funds, or who proposes to perform any work or furnish any goods under this RFP shall not discriminate against any worker, employee or applicant or any member of the public based on age, race, color, sex, religion, national origin, disability or marital status, nor otherwise commit an unfair employment practice. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /SI Steve Carnell Purchasing Director This Public Notice was posted in the Lobby of the Purchasing Building "G", Collier County Government Center on October 1, 2003. RFP #03-3568 - "Armual Contract for Countywide Exotic Vegetation Removal" Scope of Services General Information Collier County is seeking the services of three (3) or more 'qualified, professional firms, properly licensed in the State of Florida, to provide complete exotic vegetation and other nuisance vegetation removal services. Services shall include, but not be limited to, the following: Exotic vegetation and other nuisance vegetation removal by manual and mechanical methods including chemical and physical removal. The applicator(s) of any herbicides shall be State licensed (copy of license(s) including Pest Control Operator's license, to be furnished with prOposal) and the treatments shall be in accordance with Florida State Law and label requirements. TreeSl bushes, and other vegetation may be cut with machetes, chain saws, brush trimmers, etc., and/or treated with chemicals, or removed by other methods, depending on the requirements of the particular project and as directed by the County. Work hours shall be 7:00 a.m. to 5:00. p.m. Monday through Friday unless otherwise directed by the County Project Manager or their designee. Vehicles and equipment shall be parked in areas designated by County, and may be parked overnight with the prior permission of the County Project Manager or his designee. The Contractor shall furnish' all labor, material, supervision, equipment, supplies, tools, services, disposal methods and all other inCidentals required to perform all exotic and other undesirable vegetation treatment and/or removal. Due care must be given so as to not damage or destroy mangroves or other desirable vegetation within the area of exotic treatment. When removal of exotics or other undesirable vegetation occurs, due caution should be given to the surrounding habitat. Surface area should be disturbed as little as possible. Native vegetation damaged during treatment will be replaced according to County Code. Species to be removed during the project currently include: Category 1 species listed on the current Exotic Pest Plant Council (EPPC) invasive species list as well as, Brazilian Pepper (Schinus terebinthifolius.), Melaleuca (Melaleuca quinquenervia), Air Potato (Dioscorea butbifera.) Australian Pine (Casuarina spp._), Java Plum (Syzygium cumin[), Woman's Tongue Tree (Albizia lebbeck.), Earleaf Acacia (Acacia auriculiformis), and Downey Rosemyrtle (Rhodomyrtus tomentosus), Tropical Soda Apple (Solanum viarum), Old World Climbing Fern (Lygodium japonicum), Latherleaf (Colubrina asiatica), Catclaw Mimosa (Mimosa pigra), Carrottwood (Cupianopsis anacardiodes), Bishopwood (Bischofiz javanica), Schefflera (Schefflera sp.), Laurel Fig (Ficus microcarpa). Other species may be added as the need arises, including those on the current Exotic Pest Plant Council. (EPPC) invasive species list, and/or any other undesirable species and this list shall not be deemed ail-inclusive. CONTRACT TERMS: The contract term shall be for a period of two (2) years commencing on the date of approval by the Board of County Commissioners. The County, at its discretion, shall have the option to renew this Agreement, following the above initial term, for two (2) additional one (1) year periods under the same terms and conditions as in the first-year contract. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 1 6E2 Access/Easements: The County shall provide the Contractor with information concerning available legal access to the designated work site. Safety: The Contractor shall perform all exotic vegetation treatment operations in an orderly and safe manner. Contractors shall be required to comply with the current County Maintenance of Traffic (MOT) policy, if MOT is required by the project. Notification: The ContraCtor shall be responsible for keeping the Collier County Pr.oject Manager or their designee advised at 'all times of his work site location and proposed schedule for performing the work required under this contract, Clean Up: All work sites shall be cleaned up and left in a neat and orderly manner including picking up and removal of all Ioose and unsightly vegetation materials on a daily basis. Included in cleanup operation shall be the removal and proper disposal of all. trash, trimmings, and' debris deposited on site. Any ruts made in the soil shall be removed by Contractor. Final Acceptance: All work scheduled for' completion under this Contract shall be substantially completed according to the Work Order requirements. Final acceptance by the · County shall be after a two (2) month 'mortality evaluation period from the substantial completion date. At final acceptance, the Contractor shall demonstrate to the County that all exotic vegetation on site has been exterminated to the County's complete satisfaction. Any re-growth of stumps, cut limbs, or newly discovered exotic plants shall be properly removed by the Contractor at no additional expense to the County. Following any re-treatment, there shall be a one (1) month mortality re-evalUation period to determine effectiveness of re- treatment. When a period of time is referenced by days, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the County, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or legal holiday. Method of Payment: Payment will be made for the work completed and accepted upon inspection by the County for complete exotic removal. As a method to assure completion of the total project, retainage in the amount of ten percent (10%) of all work completed will be withheld from the payment. The ten percent (10%) retainage will not be released until all work, including follow-up treatment of re-growth has been completed, inspected, and accepted by the County. Non-Performance: In the event the Contractor fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the County Project Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. The selected Contractor(s) will be responsible for providing complete exotic vegetation removal services for a wide range of projects as may be required by Collier County. The 16E2" RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Page 5 selected firms shall be responsible for knowledge of and compliance with all relative local, state, and federal codes and regulations. The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work service assignments shall be at the sole discretion of the County. Should any project that is active extend past the contract termination date; that contract shall be extended until completion of such project. Tills Contract will be available for use by all County Departments. The Contractor(s) and the County agree that member entities of the Southwest Florida. Purchasing Consortium as well as other County agencies and the Collier County Airport Authority may participate in this. contract. Offer Extended to Other Governmental Entities: Collier County encourages and agrees to the successful bidder/prOposer extending the pricing, terms and c°nditiOns of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder/proposer. Procedures: The procedure to be followed will be determined by the value of the project. The procedure for projects with a value of $25,000 (or current County bidding threshold) or less are outlined below: 1. Summary of Work to be provided to one of the selected firms; Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. Issuance by Owner of a numbered Work Order. Procedures for projects with a value of $25,000 to $50,000 are as follows: 1. Quotations shall be solicited from at least three (3) of the selected firms. Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. Owner may negotiate terms and conditions; 4. Issuance by Owner of a numbered Work Order. Procedures for projects with a value of $50,000 to $100,000 are as follows: Quotations shall be solicited from at least three (3) of the selected firms. Completion time and the collection of liquidated damages may be specified in the Quotation. A Performance Bond may also be required. Contractor shall respond with the information and/or proposal sought within seven (7) working days; RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Owner may negotiate terms and conditions; If a Performance Bond is required, Contractor shall provide within seven (7) working days after notification of award; Issuance by Owner of a numbered Work Order. 'Procedures for projects with a value of over $100,000 are as follows: Quotations shall be solicited from at least three (3) of the selected firms. Completion time and the collection of liquidated damages may be specified in the Quotation. A Performance Bond maY. also be required. Contractor shall respond with the information and/or proposal sought Within seven (7) working days; 3. Owner may negotiate terms and conditions; If a Performance Bond is required, Contractor shall provide within seven (7) working days after notification of award; Issuance by Owner of a numbered Work Order, but with County Attorney and Board of County Commissioners approval required. Performance Bond Requirement When a construction project is in excess of $50,000.00 and more than thirty (30) days in durati'on, the Contractor(s) may be required to provide a Performance Bond, in the form prescribed in Exhibit A, Pages A~I through A~3, in the amount of 100% of the Contract Amount, the costs of which is to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. All performance security under the subsequent contract shall be continued for a six (6) month period beyond the final completion of the project. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. RFP ,~00-0>68 "Annual Contract for Countywide Exotic Vegetation R~moval" NON,PROPOSER'S RESPONSE For purposes of maintaining an accurate vendor's list and facilitating your firm's response to our RFP invitation, we are interested in ascertaining reasons for prospective proposer's failure to respond to RFP invitations. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate items(s) listed below and return this form to Ms. Barbara Hecker, Purchasing Technician, Collier County Purchasing Department, Purchasing Building "G", County Government Center, Naples, Florida 34112. We are not responding to this RFP invitation for the following reason(s): Services or materials requested not manufactured by us or not aVailable to our - company; Our services or materials do not meet specifications; Circle one - bpec~ncauons were: Not clearly understood, Not applicable, Too vague, Too rigid, or ,, Insufficient time allowed for preparation of RFP; Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone FAX By: Signature of Representative RFP #0%3568 - "Armual Contract for Countywide Exotic Vegetation Removal" Instructions to Proposers Proposal Submission: The proposal shall be deemed an offer to provide complete general construction services to Collier County. In submitting a proposal, the Proposer declares that he understands and agrees to abide by the Scope of Services, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Proposer agrees that if the contract is awarded the work shall be performed in accordance with the provisions, terms and conditions of the contract. By submitting a proposal, the Proposer declares that he understands and agrees that this proposal, scope of services, provisions, terms and conditions of same, shall become part of a valid contract between Collier County and the undersigned upon notice of award in writing and/or issuance of a purchase order by Collier County. All proposals, including qualifications, requested submittals, and other data pertinent to making an objective evaluation of your firm's capabilities must be forwarded to the Purchasing' Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building "G", Naples, Florida 34112 on or before 3:00 P.M., Collier County Time On October 24, 2003. The Proposer shall submit the original properly signed in blue ink and clearly marked "Original", and five (5) copies of the proposal to the Purchasing Director in a sealed envelope on whiCh shall be clearly stated the proposal closing date, the name of the proposal, and number assigned to the proposal. Proposals received after the published deadline shall not be accepted and will be returned unopened. However, the Purchasing/General Services Director (or his designee) shall reserve the right to accept proposals received after the posted deadline under the following conditions: a.) The tardy submission of the proposal appears inadvertent and; b.) The acceptance of said proposals does not afford any competing firm an unfair advantage in the selection process. Principals/Collusion: By submission of this Proposal, the undersigned, as Proposer, does declare that the only person or persons interested in this Proposal as principal or principals is/are name therein and that n° person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. Insurance Costs: Since these conditions include Insurance Requirements, it should be noted by the Proposer that, in order to meet the County's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the Proposer discuss these requirements with the Proposer's agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Proposer. 16E2 RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Page 9 Proposal Withdrawl: No Proposal may be withdrawn after it is filed unless the Proposer makes his request in writing to the County prior to the time set for the closing of Proposals, or unless the County fails to accept it within sixty (60) days after the date fixed for opening. Exceptions to Instructions or Conditions: Proposers taking exception to any part or section of these instructions or conditions shall indicate such exceptions on their Proposal. Failure to indicate any exceptions shall be interpreted as the Proposer's intent to fully comply with the Scope of Services as written. Law and Regulations: It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. Proposer's Certification: Submission of a signed Proposal is Propose~;s certification that the Proposer shall accept any awards made to him as a result of said submission of the terms contained therein. The Proposer's obligation under this provision shall not be limited in any way be the agreed upon contract price, or the Provider's limit of, or lack of, sufficient insurance protection. The Proposer shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall hold the County harmless against all claims of whatever nature by third parties. Relation of County: It is the intent of the parties hereto that the successful proposer shall be legally considered as an independent contractor, and that neither he nor his employees shall, under any circumstances, be considered servants or agents of the COunty, and that the County shall be at no time legally responsible for any negligence on the part of said successful proposer, his servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. Taxes: Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier County Use Tax Certificate N-umber is 21-07-019995-53C. Invoices: Payments will be made for articles furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within a reasonable time thereafter. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. Vendor Performance Evaluation: Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. Expenses Included in Preparing Proposal: The County accepts no responsibility for any expenses incurred in the Proposal, preparation or presentation; such expenses to be borne exclusively by the Proposer. Award Challenge: All costs accruing from a Proposal or an award challenged as to quality, etc. (tests, etc.) shall be assumed by the challenger. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Termination. Should the Contractor be found to have failed to perform in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. ASSIGNMENT: The successful Proposer(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the County. Lobbying: All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal opening to final Board approval, no firm or their agent shall contact any other employee of Collier .County in 'reference to this Proposal, with the exception of the pUrchasing Director. Failure to abide by this prOvision may serve as grounds for disqualification for award of this contract to the firm. Proposal Form: Each proposer must submit the Proposal Form included in this Request for Proposal. Single Proposal: Only one proposal from a legal entity as primary will be considered. A legal entity who submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a subconsultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary, or as part of a partnership or joint venture as a Primary, that legal entity may act as a subconsultant to any other firm or firms submitting under the same RFP. If it is found that a proposer is in violation of this section, all proposals in which such a proposer is listed will be rejected. Licenses: The Contractor, at time of proposal submittal, shall possess the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. Copies of the licenses should be submitted with the proposal indicating that the entity proposing is properly licensed to perform the activities or work included in the contract documents. The vendor shall be licensed to operate within Collier. County. Signature of Proposer: The proposer must sign the proposal in the spaces provided for signatures. If the proposer is an individual, the words "Sole Owner" shall appear after his signature. If the proposer is a partnership, the word "Partner" shall appear after the signature of one of the partners. If the proposer is a corporation, the signature required is the Officer, Officers or Individual duly authorized by its by-laws or the Board of Directors to bind the corporation with official corporate seal affixed thereto. Interpretation of Proposal documents and Investigation of Project: Each proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the location and the character of the services he agrees to perform. If the proposer should be of the opinion that the meaning of any part of the Proposal Document is doubtful, obscure or RFP #03_3568 _ ,,Armuat Contract for Countywide Exotic Vegetation Removal" Pagl~ 6 E2 contains errors or omissions, he should report such opinion or opinions to the Purchasing Director. Neither the County Manager or his staff shall be responsible for oral interpretation given either by himself or members of his staff. The issuance of a written addendum shall be the only official method whereby such interpretation will be given.' Rejection or Acceptance of-Proposal: The right is reserved by Collier County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful proposer, or his refusal to enter into the Collier County. contract, the County reserves the right' to accept the proposal of any other proposer or to re-advertise using the same or revised documentation,-at its sole discretion. Protection of RiRhts of County: The County reserves the right to include in any contract document such terms and conditions as it deems neceSsary for the proper protection of the rights of Collier County. Protest Procedures: Any actual or .prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the Bid or the acceptance date for the Request for Proposals. Award of contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days t-o file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building, may not be awarded or perform work as a contractor, supplier, or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. R_F'P #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Prohibition of Gifts to County Employees:. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service Or other item of value to any County employee, as set forth in Chapter 112, Part II1, Florida Statutes, Collier County Ethics Ordinance-No. 2000-58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Additional Information: Other than minor procedural matters, qUestions regarding this proposal must be in writing (email or fax is also acceptable) and submitted to: Scott Johnson Purchasing Department Building G 3301 Tamiami Trail East Naples, Florida 34112 (239) 774-8995 fax: (239) 732-0844 Emaih ScottJohnson@colliergov. net Written questions must be received no later than ten (10) Collier County work days prior to Proposal acceptance date. Should any questions or responses require revisions to the Request for Proposal as originally published, such revisions will be by formal amendment only. RFP #03-3568 - "Annual Contract for Countywide ~xotic Vegetation Removal" Proposer's Qualifications: Ali proposers must be primarily engaged in providing the services as outlined in these specifications. All proposers must have a demonstrated comprehensive understanding in areas listed in this proposal. Understanding and previous experience is a very essential criterion in the qualifying process. The County reserves the right to check all references furnished and consider the responses received in determining the award of this proposal. The proposer's personnel and management to be utilized in this service requirement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Proposal Submittals: In responding to this proposal, each proposer shall include within a 20-page limit (total for the entire submission). Project Understanding: (Maximum 10 Points) Provide a narrative of the proposer's understanding of the overall intent of the services. Identify any issues or concerns of significance that may be appropriate. Proposer's Credentials: (Maximum 15 Points) Proposers shall provide, in detail, their credentials for providing exotic and other undesirable vegetation removal and any information which documents successful and reliable experience in past performance, especially those performances related to the requirements of this Request for Proposal. Include a description of the proposer's business history and number of years in operation. Related project experience shall be restricted to those assignments undertaken within the last three (3) years. Copies of relevant licenses shall be included in the proposal. Staff Credentials: (Maximum 20 Points) The proposer shall include the name, title, address, and telephone number of persons who will both manage and be assigned to perform services under the proposal. A signed l-page resume, including references, detailing educational qualifications and previous work assignments related to this Request for Proposal for each person who will perform the services required shall be included. Failure to do so may be cause for rejection of the proposal. Credentials will be subject to verification. In the event there should be a change in the person(s) names assigned to perform the services under this contract, the contractor shall submit, for approval to the County, the credentials and resumes of the person(s) the contractor wishes to perform the services under the contract. RFp #03-3568 - "Armual Contract for Countywide Exotic Vegetation Removal" E2 Ability to Complete Projects on Time and Within Budget: (Maximum 20 Points) Proposer should submit their approach to schedule control, the monitoring of schedules and budget, consistency with County project time frames and budgeting requirements and proposer's current and projected workload, and available labor resources. References: (Maximum 20 Points) A list of three (3) applicable customer references is to be provided who have contracted for similar services offered by the proposer 'which is considered identical or similar to the requirements of this Request for Proposal. Failure to do so may be cause for rejection of the proposal: The list shall include. 1. Company name and address; 2. Contracting officer and telephone number; 3. Technical representative and telephone number; and 4. A brief, written description of the project. Office Location and Responsiveness: (Maximum 15 Points) Rating will be based on ease of contract administration and responsiveness. The proposer with all key personnel located in Collier County will receive five (5) points. Proposers' principal offices and/or key personnel in other areas will receive fewer points. Proposer's ability to provide a complete proposal will be' considered representative of the firm's responsiveness. Points will be deducted under this item for failure to submit all information as requested in this RFP. Supplemental Information Statement of litigation that firm or staff is currently involved in, or has been involved in over the past five (5) years, stating points of contention and results if available. 2. Proposer Qualification Form. 3. Insurance Requirements Certification. 4. Proposer's Checklist. 5. Proposer Declaration Statement. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" E2 Conflict of Interest Statement as follows: 1. Proposer shall provide a list of any businesses and/or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest 2. Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Proposer further represents that no persons having any such interest shall be employed to perform those services. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. By signing below in the space provided, a principal of the firm certifies that he/she has read and understands the above requirements, and that the firm will comply fully with item 2 if awarded a contract by the County. Signature and Title of Principal Date RPP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Evaluation and Selection Procedure' - 6 E2 Collier County procedure for selecting is as follows: 1. The County Manager shall appoint a Selection submitted. Committee to review all proposals Request for Proposals issued. 3. 'Receipt of Proposals. Subsequent to the closing of proposals, the Purchasing Agent and/or Project Manager shall review the proposals received and verify whether each .proposal appears to be minimally responsive to the requirements of the published RFP. Prior to the first meeting of the selection committee, Purchasing will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days' prior to the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 6. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria listed below. The Purchasing Agent will compile individual rankings for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations from the top-ranked firm(s). Once the final ranking has been compiled, the Selection Committee will choose the shod listed firms based on consensus and not necessarily by the final ranking order of the firms. The final recommendation will be decided based on review of scores and rankings, discussion, and consensus of the committee. Subsequent to a consensus decision, a contract shall be negotiated with the top-ranked firm(s). Award of the contract is dependent upon the successful and full execution of a mutually-agreed contract. 9. Upon the successful completion of negotiations, a contract will be presented to the Board of County Commissioners for approval. RFP #03_3568 _ -Armual Contract for Comxtywide Exotic Vegetation Removal" Page ?l 6 E2 Contractual Conditions: Collier County has developed standard contracts that have been approved by the County Attorney and the Board of County Commissioners (BCC) for all projects. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by vendor. All respondents to this bid will be required, if selected to perform the work, to execute the standard contract(s) within forty-five (45) days of Notice of Selection for Award. These documents are available for inspection at the Purchasing Office and a review is'encouraged prior to submitting a proposal. All Proposals will be evaluated and scored on the following criteria. GRADING CRITERIA 1-.- Project Understanding 2. Proposer's Credentials: 15 3. Staff Credentials: 20 4. Ability to Complete Projects on Time and within Budget: 20 5. References: 20 6. Office Location and Responsiveness: 15 Total Possible Points '100 POINTS 10. RFP #03-3568 - ':Armual Contract for Cotmtyw/de Exotic Vegetation Removal" PROPOSERS QUALIFICATION FORM FIRM NAME: Address: City: Telephone:( ) FAX Numb.: ( - .) Emaih TYPE OF FIRM: Corporation/Years in Business: Partnership/Years in Business: Sole Proprietorship/Years in Business: NUMBER OF PERSONNEL IN ORGANIZATION: State Zl P Administrative: Professional: Office: Shop:__ Field: REFERENCES: Bank(s) Maintaining Account(s): REPRESENTATIVE CONTRACTS COMPETED DURING LAST THREE YEARS: Year/Project Agency Contact Person LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed A,qency Contact Person LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: t6 E2 RFP #03-3568 - "Armual Contract for Countywide Exotic Vegetation Removal" Page PROPOSER QUALIFICATION FORM (Continued) OTHER INFORMATION ABOUT PROJECTS: Have you, at any time, failed to complete a project? [__] Yes L] Are there any judgments, claims or suits pending or outstanding b_~ or against you? L] Yes L] No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: Name of Organization: By: Title: Attested By: Title: Date: RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" INSURANCE TYPE Collier County Florida Insurance Requirements REQUIRED LIMITS Page 20 16E2'i! Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. N/A 5. Commercial General Liability (Occurrence Form) patterned after the current I.S.O form with no limiting endorsements. Bodily Injury & Property Damaqe $1,000~000 Single Limit Per Occurrence Indemnification: The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this docUment, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. Automobile Liability Owned/Non-owned/Hired Automobile Included $1,000,000 Each Occurrence Other Insurance as indicated below: a) Professional Liability b) Builder's Risk $ $ RFP #03-3568 - "Armual Contract for Countywide Exotic Vegetation Removal" 10. COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Collier County must be named as Certificate for Commercial General where required. "ADDITIONAL INSURED" Liability and Automobile on the Insurance Liability Coverage Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE-The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. Thirty (30) Days Cancellation Notice required. The Certificate must state the Bid Number and Title. BIDDERS AND INSURANCE AGENT STATEMENT: We understand the inSurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of bid. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" THIS FORM IS TO BE COMPLETED AND RETURNED WITH THE PROPOSAL THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSERS CHECK LIST ! M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your Proposal. Proposer should check off each of the following items as the necessary action is completed: 2. 3. 4. The Proposal has been signed. Any required drawings, descriptive literature, etc. have been included. Any delivery information required is included. If required, the amount of Security deposit has been checked and included. Any addendum have been signed and included. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners Collier'County Government Center - Bldg. G 3301 Tamiami Trail E. Naples, Florida 34112 The mailing envelope must be sealed and marked with: Proposal Number; Proposal Title; + Due Date. The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS/RFP MUST HAVE THE PROPOSAL/ RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name Signature & Title Date RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" CONTRACT PROPOSAL 1-6E2 Page 23 BOARD OF COUNTY COMMISSIONERS Collier County Courthouse Naples, Florida 34112 RE: Request for Proposals #03-3568 "Annual Contract for Countywide Exotic Vegetation Removal" Dear Commissioners: The undersigned, as proposer, hereby declares that he has eXamined the Scope of Services, and informed himself fully in regard to all conditions pertaining to providing exotic and other undesirable vegetation removal. The proposer further declares that the only persons, company or parties interested in this Proposal Or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, with out collusion or fraud. · The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ., 2003 in the County of , in the state of day of Proposer's Complete Legal Name (Circle one): Corporation, Sole Proprietorship, Partnership Phone No. FAX Numb. Address. City and State ZIP BY: Typed and Written Signature Title AGREEMENT 16E2' :' THIS AGREEMENT, made and entered into on this 13th day of January 2004, by and between Florida Environmental Inc., d/b/a EarthBalance, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: COMMENCEMENT. "This Agreement shall commence on the date of approval by the Board of County Commissioners and shall terminate two (2) years from that date. ~ The County may, at its discretion, and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall perform exotic vegetation removal in accordance with the terms and conditions of RFP #03-3568 and the Contractor's proposal hereto attached and made an integral part of this agreement. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). Payment will be made for the work completed and accepted upon inspection by the County. Retainage in the amount of ten percent (10%) shall be withheld from the payment and will not be released until all work, including follow-up treatment of re- growth has been completed, inspected and accepted by the County. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S. otherwise known as the "Florida Prompt Payment Act". NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Florida Environmental, Inc., d/b/a EarthBalance 2579 North Toledo Blade Blvd North Port, FL 34289 Fax # 941-426-8778 16E2 ' All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Attn: Steve Carnell, Director Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Fax # 239-732-0844 The Contractor and the County may change the above mailing addresses and or fax numbers at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 2 16E2 TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Bo Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 12. !.6E2 INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Parks & Recreation Department. 13. 16E2 COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, and RFP #03-3568. 14. SUBIECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written.' ' -- ATTEST: ,' Dwight E.'.Btbck, Clerk 7~f, Courts Dated: '- ' (SEAE~)">' ' ~t~at~re ~l~. First Wi~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman Florida Environmental, Inc. dba EarthBalance By: Contractor /- ' Si~na~ture .... F Shirley A. Moore ?Ty, pe/print witness name~' Second Witness Francis J. Clancey, V.P., Chief Operating Officer Typed signature and title Tracey Barta q'Type/print witness names CORPORATE SEAL (corporations only) Approved as to form and ~~ufficien~ / Scott R. Teach Assistant County Attorney From: Rebekah Swann At: Newman-Crane & Associates Insurance Inc. FaxiD: 4078598402 To: Belh /J' ~ :23 AM I~age: 2 of 2 ' ~ ACORD. CERTIFICATE OF LIABILITY INSURANCE O.,D DATE,M D EARTH-2I 12/31/03 ~RODUCER Newman-Crane &Assoc. Ins. Inc. P. O. Box 568946 Orlando FL 32856-8946 Phone:407-859-3691 Fax:407-857-0409 INSURED Florida Environmental dba Earthbalance 2579 Toledo Blade Blvd. North Port FL 34287 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IINSURERS AFFORDING COVERAGE NAIC # INSURERB: con/inentai casualty co. 20443c i~SURERC~ ~in city Fire Ins. Co. INSURER D: Bri~gefiel~ Calualt~ ~. Co. INSURER E Llo~ds of London THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SJBdECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE GENERAL LIABILrI'Y COMMERCIAL GENERAL LIABILITY CLAIMS MADE IXj OCCUR Blnkt A/T; Wvr;30 GEN'L AGGREGATE LIMIT APPLIES PER AUTOMOBILE LIABILITY POLICY NUMBER C2050056465 DATE (MNDDD/YY) 08/23/03 ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED ALFFOS 21UENUU6680 GARAGELIABIL~ ~YAUTO EXCESS/UMBRELLA LIABILn"f ]1 CLAIMS MADE OCCUR DEDUCTIBLE N~. iENTION $10000 WORKERS COMPENSATION AND EMPLOYERS' LIABILFrY ANy PROP RIETO PJIPARTN E PJEXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, descdbe under SPECIAL PROVISIONS below OTHER E Professional Liab EqUi~_~_e~ t Floater C2050056546 083024802 ME002116700 C2050056465 08/23/03 08/23/03 03/28/03 02/18/03 08/23/03 POLICY E XPIFU~.TION DATE (MM/DD/YY) 08/23/04 08/23/04 o8/23/04 03/28/04 o2/18/o4 08/23/04 LIMITS E.L. DISEASE - POLICY LIMIT EACH OCCURRENCE /, 1000000 PREMISES (Ea occurence) $ 100000 MiD EXP (Any one person) $ 5000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 PRODUCTS- COMPIOP AGG 2000000 COMBINED SINGLE LIMIT I (Ea accident) $ 1 ,, 000 ~, 000 I BODILY iNJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAtv~GE $ (Per accident) IiUTO ONLY - EA ACCIDENT $ THER THAN . EA ACC$ 0 ONLY: AGG $ Cid OCCURRENCE $ 5000000 GREGATE $ 5000000 $ $ $ -_-L EACHACCIDENT $ 1000000 -E.L. DISEASE - EA EMPLOYEE $ 10 0 0 0 0 0 1000000 Agg 1000000 Rntd/Lesd S0,000 A DESC~ON OF OPE~ONS / LOCA~ONS / VEHICLES I EXCLUSIONS ADDED BY ENDORS~M=N~ / ~PEC~ PROVISIONS 10 days notice of cancellation for non-payment of premium. Collier County ~overnment is listed as additional insured with respects to general liability, fax:239-732-0844 CERTIFICATE HOLDER CANCELLATION COT,T,'F- 8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County ~overnment Purchasing Building 3301 East T~m~ami Trail Naples FL 34112 ACORD 25 (200'1/08) DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30DAYS W'RIT'I1EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILII"Y OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. © ACORD CORPORATION 1988 RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DIVISION Purchasing Department 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 Telephone: (239) 774-8995 Fax: (239) 732-0844 httpd/co.collier.fl.us DATE: October 1, 2003 TO: FROM: SUBJ' Prospective Proposers Scott Johnson, Purchasing Agent Purchasing Department RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Pursuant to direction by the County Manager, Collier County is seeking proposals from firms interested in providing exotic vegetation removal services on an as-needed basis under an annual contract. Please refer to the Legal Advertisement contained in the enclosed Proposal Package for the time and the due date for proposal submission. All Proposals must be forwarded to the County Purchasing Director's Office, Purchasing "G" Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida 34112. The services shall include, but not be limited to the "Scope of Services" as described in the attachment. If you have any immediate questions regarding the intended Scope of Services, you may contact Mr. Scott Johnson, Purchasing Agent, at 239/774-8995, Fax 239/732-0844 or email: ScottJohnson~colliergov. net. We look forward to your participation in this process. cc: Doug Suitor, Natural Resources Joe Delate, Parks & Recreation Kyle Lukasz, Pelican Bay Services RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 16E2 Page 2 PUBLIC NOTICE OF REQUEST FOR PROPOSALS Pursuant to action approved by the County Manager, Sealed Proposals for an annual contract for County wide exotic vegetation removal will be received until 3:00 p.m. on October 24, 2003 at the Purchasing Department, Purchasing Building "G", Collier County Government Complex, Naples, Florida 34112. RFP #03-3568 "Annual Contract for Countywide Exotic Vegetation Removal" When a project is in excess of $50,000.00 and more than thirty (30) days in duration, the successful Contractor(s) may be required to furnish the necessary Payment and/or Performance Bond, using the form prescribed in Exhibit A, pages A-1 through A-3 of this Document. The Performance Bond, and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. All proposals shall be made upon the enclosed forms requesting pertinent information which will be used by the County in making its evaluation of the proposals. All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal specifications. Any firm who is a recipient of County funds, or who proposes to perform any work or furnish any goods under this RFP shall not discriminate against any worker, employee or applicant or any member of the public based on age, race, color, sex, religion, national origin, disability or marital status, nor otherwise commit an unfair employment practice. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /SI Steve Carnell Purchasing Director This Public Notice was posted in the Lobby of the Purchasing Building "G", Collier County Government Center on October 1, 2003. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 16E2 Page 3 Scope of Services General Information Collier County is seeking the services of three (3) or more qualified, professional firms, properly licensed in the State of Florida, to provide complete exotic vegetation and other nuisance vegetation removal services. Services shall include, but not be limited to, the following: Exotic vegetation and other nuisance vegetation removal by manual and mechanical methods including chemical and physical removal. The applicator(s) of any herbicides shall be State licensed (copy of license(s) including Pest Control Operator's license, to be furnished with proposal) and the treatments shall be in accordance with Florida State Law and label requirements. Trees, bushes, and other vegetation may be cut with machetes, chain saws, brush trimmers, etc., and/or treated with chemicals, or removed by other methods, depending on the requirements of the particular project and as directed by the County. Work hours shall be 7:00 a.m. to 5:00 p.m. Monday through Friday unless otherwise directed by the County Project Manager or their designee. Vehicles and equipment shall be parked in areas designated by County, and may be parked overnight with the prior permission of the County Project Manager or his designee. The Contractor shall furnish all labor, material, supervision, equipment, supplies, tools, services, disposal methods and all other incidentals required to perform all exotic and other undesirable vegetation treatment and/or removal. Due care must be given so as to not damage or destroy mangroves or other desirable vegetation within the area of exotic treatment. When removal of exotics or other undesirable vegetation occurs, due caution should be given to the surrounding habitat. Surface area should be disturbed as little as possible. Native vegetation damaged during treatment will be replaced according to County Code. Species to be removed during the project currently include: Category 1 species listed on the current Exotic Pest Plant Council (EPPC) invasive species list as well as, Brazilian Pepper (.Schinus terebinthifolius.), Melaleuca (.Melaleuca quinquenervia), Air Potato (Dioscorea bulbifera) Australian Pine (Casuarina spp._), Java Plum (Syzygium cumini), Woman's Tongue Tree (.Albizia lebbeck), Earleaf Acacia (Acacia auriculiformis), and Downey Rosemyrtle (Rhodomyrtus tomentosus), Tropical Soda Apple (Solarium viarum), Old World Climbing Fern (Lygodium japonicum), Latherleaf (Colubrina asiatica), Catclaw Mimosa (Mimosa pigra), Carrottwood (Cupianopsis anacardiodes), Bishopwood (Bischofiz javanica), Schefflera (Schefflera sp.), Laurel Fig (Ficus microcarpa). Other species may be added as the need arises, including those on the current Exotic Pest Plant Council (EPPC) invasive species list, and/or any other undesirable species and this list shall not be deemed all-inclusive. CONTRACT TERMS: The contract term shall be for a period of two (2) years commencing on the date of approval by the Board of County Commissioners. The County, at its discretion, shall have the option to renew this Agreement, following the above initial term, for two (2) additional one (1) year periods under the same terms and conditions as in the first-year contract. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 16E2 Access/Easements: The County shall provide the Contractor with information concerning available legal access to the designated work site. Safety: The Contractor shall perform all exotic vegetation treatment operations in an orderly and safe manner. Contractors shall be required to comply with the current County Maintenance of Traffic (MOT) policy, if MOT is required by the project. Notification: The Contractor shall be responsible for keeping the Collier County Project Manager or their designee advised at all times of his work site location and proposed schedule for performing the work required under this contract. Clean Up: All work sites shall be cleaned up and left in a neat and orderly manner including picking up and removal of all loose and unsightly vegetation materials on a daily basis. Included in cleanup operation shall be the removal and proper disposal of all trash, trimmings, and debris deposited on site. Any ruts made in the soil shall be removed by Contractor. Final Acceptance: All work scheduled for completion under this Contract shall be substantially completed according to the Work Order requirements. Final acceptance by the County shall be after a two (2) month mortality evaluation period from the substantial completion date. At final acceptance, the Contractor shall demonstrate to the County that all exotic vegetation on site has been exterminated to the County's complete satisfaction. Any re-growth of stumps, cut limbs, or newly discovered exotic plants shall be properly removed by the Contractor at no additional expense to the County. Following any re-treatment, there shall be a one (1) month mortality re-evaluation period to determine effectiveness of re- treatment. When a period of time is referenced by days, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the County, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday, or legal holiday. Method of Payment: Payment will be made for the work completed and accepted upon inspection by the County for complete exotic removal. As a method to assure completion of the total project, retainage in the amount of ten percent (10%) of all work completed will be withheld from the payment. The ten percent (10%) retainage will not be released until all work, including follow-up treatment of re-growth has been completed, inspected, and accepted by the County. Non-Performance: In the event the Contractor fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the County Project Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. The selected Contractor(s) will be responsible for providing complete exotic vegetation removal services for a wide range of projects as may be required by Collier County. The selected firms shall be responsible for knowledge of and compliance with all relative local, state, and federal codes and regulations. The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work service assignments shall be at the sole discretion of the County. Should any project that is active extend past the contract termination date, that contract shall be extended until completion of such project. This Contract will be available for use by all County Departments. The Contractor(s) and the County agree that member entities of the Southwest Florida Purchasing Consortium as well as other County agencies and the Collier County Airport Authority may participate in this contract. Offer Extended to Other Governmental Entities: Collier County encourages and agrees to the successful bidder/proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful biddedproposer. Procedures: The procedure to be followed will be determined by the value of the project. The procedure for projects with a value of $25,000 (or current County bidding threshold) or less are outlined below: 1. Summary of Work to be provided to one of the selected firms; Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. Issuance by Owner of a numbered Work Order. Procedures for projects with a value of $25,000 to $50,000 are as follows: 1. Quotations shall be solicited from at least three (3) of the selected firms. Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. Owner may negotiate terms and conditions; 4. Issuance by Owner of a numbered Work Order. Procedures for projects with a value of $50,000 to $100,000 are as follows: Quotations shall be solicited from at least three (3) of the selected firms. Completion time and the collection of liquidated damages may be specified in the Quotation. A Performance Bond may also be required. Contractor shall respond with the information and/or proposal sought within seven (7) working days; RFP #03-3568 - "Annual Conlxact for Countywide Exotic Vegetation Removal" Page 6 16E2 Owner may negotiate terms and conditions; If a Performance Bond is required, Contractor shall provide within seven (7) working days after notification of award; Issuance by Owner of a numbered Work Order. Procedures for projects with a value of over $100,000 are as follows: Quotations shall be solicited from at least three (3) of the selected firms. Completion time and the collection of liquidated damages may be specified in the Quotation. A Performance Bond may also be required. Contractor shall respond with the information and/or proposal sought within seven (7) working days; 3. Owner may negotiate terms and conditions; If a Performance Bond is required, Contractor shall provide within seven (7) working days after notification of award; Issuance by Owner of a numbered Work Order, but with County Attorney and Board of County Commissioners approval required. Performance Bond Requirement When a construction project is in excess of $50,000.00 and more than thirty (30) days in duration, the Contractor(s) may be required to provide a Performance Bond, in the form prescribed in Exhibit A, Pages A-1 through A-3, in the amount of 100% of the Contract Amount, the costs of which is to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. All performance security under the subsequent contract shall be continued for a six (6) month period beyond the final completion of the project. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 16ag2 NON-PROPOSER'S RESPONSE For purposes of maintaining an accurate vendor's list and facilitating your firm's response to our RFP invitation, we are interested in ascertaining reasons for prospective proposer's failure to respond to RFP invitations. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate items(s) listed below and return this form to Ms. Barbara Hecker, Purchasing Technician, Collier County Purchasing Department, Purchasing Building "G", County Government Center, Naples, Florida 34112. We are not responding to this RFP invitation for the following reason(s)' Services or materials requested not manufactured by us or not available to our company; Our services or materials do not meet specifications; Circle one - bpecmcauons were: Not clearly understood, Not applicable, Too vague, Too rigid, or , Insufficient time allowed for preparation of RFP; Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( ) By: FAX Signature of Representative RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Instructions to Proposers Proposal Submission: The proposal shall be deemed an offer to provide complete general construction services to Collier County. In submitting a proposal, the Proposer declares that he understands and agrees to abide by the Scope of Services, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Proposer agrees that if the contract is awarded the work shall be performed in accordance with the provisions, terms and conditions of the contract. By submitting a proposal, the Proposer declares that he understands and agrees that this proposal, scope of services, provisions, terms and conditions of same, shall become part of a valid contract between Collier County and the undersigned upon notice of award in writing and/or issuance of a purchase order by Collier County. All proposals, including qualifications, requested submittals, and other data pertinent to making an objective evaluation of your firm's capabilities must be forwarded to the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building "G", Naples, Florida 34112 on or before 3:00 P.M., Collier County Time on October 24, 2003. The Proposer shall submit the original properly signed in blue ink and clearly marked "Original", and five (5) copies of the proposal to the Purchasing Director in a sealed envelope on which shall be clearly stated the proposal closing date, the name of the proposal, and number assigned to the proposal. Proposals received after the published deadline shall not be accepted and will be returned unopened. However, the Purchasing/General Services Director (or his designee) shall reserve the right to accept proposals received after the posted deadline under the following conditions: a.) The tardy submission of the proposal appears inadvertent and; b.) The acceptance of said proposals does not afford any competing firm an unfair advantage in the selection process. Principals/Collusion: By submission of this Proposal, the undersigned, as Proposer, does declare that the only person or persons interested in this Proposal as principal or principals is/are name therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. Insurance Costs: Since these conditions include Insurance Requirements, it should be noted by the Proposer that, in order to meet the County's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the Proposer discuss these requirements with the Proposer's agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Proposer. Proposal Withdrawl: No Proposal may be withdrawn after it is filed unless the Proposer makes his request in writing to the County prior to the time set for the closing of Proposals, or unless the County fails to accept it within sixty (60) days after the date fixed for opening. Exceptions to Instructions or Conditions: Proposers taking exception to any part or section of these instructions or conditions shall indicate such exceptions on their Proposal. Failure to indicate any exceptions shall be interpreted as the Proposer's intent to fully comply with the Scope of Services as written. Law and Regulations: It shall be understood materials and equipment shall comply fully with regulations. and agreed that any and all services, all Local, State and Federal laws and Proposer's Certification: Submission of a signed Proposal is Proposer's certification that the Proposer shall accept any awards made to him as a result of said submission of the terms contained therein. The Proposer's obligation under this provision shall not be limited in any way be the agreed upon contract price, or the Provider's limit of, or lack of, sufficient insurance protection. The Proposer shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall hold the County harmless against all claims of whatever nature by third parties. Relation of County: It is the intent of the parties hereto that the successful proposer shall be legally considered as an independent contractor, and that neither he nor his employees shall, under any circumstances, be considered servants or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said successful proposer, his servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. Taxes: Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier County Use Tax Certificate Number is 21-07-019995-53C. Invoices: Payments will be made for articles furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within a reasonable time thereafter. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. Vendor Performance Evaluation: Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. Expenses Included in Preparing Proposal: The County accepts no responsibility for any expenses incurred in the Proposal, preparation or presentation; such expenses to be borne exclusively by the Proposer. Award Challenge: All costs accruing from a Proposal or an award challenged as to quality, etc. (tests, etc.) shall be assumed by the challenger. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Termination. Should the Contractor be found to have failed to perform in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. ASSIGNMENT: The successful Proposer(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the County. Lobbying: All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal opening to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director. Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Proposal Form: Each proposer must submit the Proposal Form included in this Request for Proposal. Single Proposal: Only one proposal from a legal entity as primary will be considered. A legal entity who submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a subconsultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary, or as part of a partnership or joint venture as a primary, that legal entity may act as a subconsultant to any other firm or firms submitting under the same RFP. If it is found that a proposer is in violation of this section, all proposals in which such a proposer is listed will be rejected. Licenses: The Contractor, at time of proposal submittal, shall possess the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. Copies of the licenses should be submitted with the proposal indicating that the entity proposing is properly licensed to perform the activities or work included in the contract documents. The vendor shall be licensed to operate within Collier County. Signature of Proposer: The proposer must sign the proposal in the spaces provided for signatures. If the proposer is an individual, the words "Sole Owner" shall appear after his signature. If the proposer is a partnership, the word "Partner" shall appear after the signature of one of the partners. If the proposer is a corporation, the signature required is the Officer, Officers or Individual duly authorized by its by-laws or the Board of Directors to bind the corporation with official corporate seal affixed thereto. Interpretation of Proposal documents and Investigation of Project: Each proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the location and the character of the services he agrees to perform. If the proposer should be of the opinion that the meaning of any part of the Proposal Document is doubtful, obscure or RFP #03_3568 . "Annual Contract for Countywide Exotic Vegetation Removal" 16e~ contains errors or omissions, he should report such opinion or opinions to the Purchasing Director. Neither the County Manager or his staff shall be responsible for oral interpretation given either by himself or members of his staff. The issuance of a written addendum shall be the only official method whereby such interpretation will be given. Rejection or Acceptance of Proposal: The right is reserved by Collier County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful proposer, or his refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other proposer or to re-advertise using the same or revised documentation, at its sole discretion. Protection of Rights of County: The County reserves the right to include in any contract document such terms and conditions as it deems necessary for the proper protection of the rights of Collier County. Protest Procedures: Any actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the Bid or the acceptance date for the Request for Proposals. Award of contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building, may not be awarded or perform work as a contractor, supplier, or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 16E2 Prohibition of Gifts to County Employees: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2000-58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Additional Information: Other than minor procedural matters, questions regarding this proposal must be in writing (email or fax is also acceptable) and submitted to: Scott Johnson Purchasing Department Building G 3301 Tamiami Trail East Naples, Florida 34112 (239) 774-8995 fax: (239) 732-0844 Email: ScottJohnson@colliergov.net Written questions must be received no later than ten (10) Collier County work days prior to Proposal acceptance date. Should any questions or responses require revisions to the Request for Proposal as originally published, such revisions will be by formal amendment only. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Proposer's Qualifications: All proposers must be primarily engaged in providing the services as outlined in these specifications. All proposers must have a demonstrated comprehensive understanding in areas listed in this proposal. Understanding and previous experience is a very essential criterion in the qualifying process. The County reserves the right to check all references furnished and consider the responses received in determining the award of this proposal. The proposer's personnel and management to be utilized in this service requirement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Proposal Submittals: In responding to this proposal, each proposer shall include within a 20-page limit (total for the entire submission). Project Understanding: (Maximum 10 Points) Provide a narrative of the proposer's understanding of the overall intent of the services. Identify any issues or concerns of significance that may be appropriate. Proposer's Credentials: (Maximum 15 Points) Proposers shall provide, in detail, their credentials for providing exotic and other undesirable vegetation removal and any information which documents successful and reliable experience in past performance, especially those performances related to the requirements of this Request for Proposal. Include a description of the proposer's business history and number of years in operation. Related project experience shall be restricted to those assignments undertaken within the last three (3) years. Copies of relevant licenses shall be included in the proposal. Staff Credentials: (Maximum 20 Points) The proposer shall include the name, title, address, and telephone number of persons who will both manage and be assigned to perform services under the proposal. A signed 1-page resume, including references, detailing educational qualifications and previous work assignments related to this Request for Proposal for each person who will perform the services required shall be included. Failure to do so may be cause for rejection of the proposal. Credentials will be subject to verification. In the event there should be a change in the person(s) names assigned to perform the services under this contract, the contractor shall submit, for approval to the County, the credentials and resumes of the person(s) the contractor wishes to perform the services under the contract. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 1 6E2 Ability to Complete Projects on Time and Within Budget: (Maximum 20 Points) Proposer should submit their approach to schedule control, the monitoring of schedules and budget, consistency with County project time frames and budgeting requirements and proposer's current and projected workload, and available labor resources. References: (Maximum 20 Points) A list of three (3) applicable customer references is to be provided who have contracted for similar services offered by the proposer which is considered identical or similar to the requirements of this Request for Proposal. Failure to do so may be cause for rejection of the proposal. The list shall include. 1. Company name and address; 2. Contracting officer and telephone number; 3. Technical representative and telephone number; and 4. A brief, written description of the project. Office Location and Responsiveness: (Maximum 15 Points) Rating will be based on ease of contract administration and responsiveness. The proposer with all key personnel located in Collier County will receive five (5) points. Proposers' principal offices and/or key personnel in other areas will receive fewer points. Proposer's ability to provide a complete proposal will be considered representative of the firm's responsiveness. Points will be deducted under this item for failure to submit all information as requested in this RFP. Supplemental Information Statement of litigation that firm or staff is currently involved in, or has been involved in over the past five (5) years, stating points of contention and results if available. 2. Proposer Qualification Form. 3. Insurance Requirements Certification. 4. Proposer's Checklist. 5. Proposer Declaration Statement. RFP #03-3568 - "Annual Contract for Cotmtyw~de Exotm Vegetation Remova Conflict of Interest Statement as follows: 1. Proposer shall provide a list of any businesses and/or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest 2. Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Proposer further represents that no persons having any such interest shall be employed to perform those services. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. By signing below in the space provided, a principal of the firm certifies that he/she has read and understands the above requirements, and that the firm will comply fully with item 2 if awarded a contract by the County. Signature and Title of Principal Date RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 16E2 Page 16 Evaluation and Selection Procedure: Collier County procedure for selecting is as follows: 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Receipt of Proposals. Subsequent to the closing of proposals, the Purchasing Agent and/or Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. Prior to the first meeting of the selection committee, Purchasing will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 6. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria listed below. The Purchasing Agent will compile individual rankings for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations from the top-ranked firm(s). Once the final ranking has been compiled, the Selection Committee will choose the short listed firms based on consensus and not necessarily by the final ranking order of the firms. The final recommendation will be decided based on review of scores and rankings, discussion, and consensus of the committee. Subsequent to a consensus decision, a contract shall be negotiated with the top-ranked firm(s). Award of the contract is dependent upon the successful and full execution of a mutually-agreed contract. 9. Upon the successful completion of negotiations, a contract will be presented to the Board of County Commissioners for approval. RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Contractual Conditions: Collier County has developed standard contracts that have been approved by the County Attorney and the Board of County Commissioners (BCC) for all projects. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by vendor. All respondents to this bid will be required, if selected to perform the work, to execute the standard contract(s) within forty-five (45) days of Notice of Selection for Award. These documents are available for inspection at the Purchasing Office and a review is encouraged prior to submitting a proposal. All Proposals will be evaluated and scored on the following criteria. GRADING CRITERIA 1. Project Understanding 2. Proposer's Credentials: 3. Staff Credentials: 4. Ability to Complete Projects on Time and within Budget: 5. References: 6. Office Location and Responsiveness: Total Possible Points POINTS 10 15 2O 2O 20 15 100 RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" PROPOSERS QUALIFICATION FORM FIRM NAME: Address: Telephone: (__) FAX Numb.: ( ) Emaih TYPE OF FIRM: Corporation/Years in Business: Partnership/Years in Business: Sole Proprietorship/Years in Business: NUMBER OF PERSONNEL IN ORGANIZATION: Administrative:__ Professional:__ Office: REFERENCES: Bank(s) Maintaining Account(s): State ZIP Shop:.__ Field:__ REPRESENTATIVE CONTRACTS COMPETED DURING LAST THREE YEARS: Year/Project Agency Contact Person LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed Aqency Contact Person LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" PROPOSER QUALIFICATION FORM (Continued) OTHER INFORMATION ABOUT PROJECTS: Have you, at any time, failed to complete a project? L] Yes L] Are there any judgments, claims or suits pending or outstanding b_y or against you? L] Yes [_] No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: Name of Organization: By: Title: Attested By: Title: Date: RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" Page 20 INSURANCE TYPE Collier County Florida Insurance Requirements REQUIRED LIMITS Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. N/A 5. Commercial General Liability (Occurrence Form) patterned after the current I.S.O form with no limiting endorsements. Bodily Injury & Property Damage $1,000~000 Single Limit Per Occurrence Indemnification: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. Automobile Liability Owned/Non-owned/Hired Automobile Included $1,000,000 Each Occurrence Other Insurance as indicated below: a) Professional Liability b) Builder's Risk $ $ RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" L6:E2 COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Collier County must be named as Certificate for Commercial General where required. "ADDITIONAL Liability and INSURED" Automobile on the Insurance Liability Coverage Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE-The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. Thirty (30) Days Cancellation Notice required. The Certificate must state the Bid Number and Title. BIDDERS AND INSURANCE AGENT STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of bid. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" 16E2-" Page 22 THIS FORM IS TO BE COMPLETED AND RETURNED WITH THE PROPOSAL THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSERS CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your Proposal. Proposer should check off each of the following items as the necessary action is completed: 2. 3. 4. The Proposal has been signed. Any required drawings, descriptive literature, etc. have been included. Any delivery information required is included. If required, the amount of Security deposit has been checked and included. Any addendum have been signed and included. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners Collier County Government Center - Bldg. G 3301 Tamiami Trail E. Naples, Florida 34112 The mailing envelope must be sealed and marked with: Proposal Number; -,/ Proposal Title; + Due Date. The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS/RFP MUST HAVE THE PROPOSAL/ RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name Signature & Title Date RFP #03-3568 - "Annual Contract for Countywide Exotic Vegetation Removal" CONTRACT PROPOSAL BOARD OF COUNTY COMMISSIONERS Collier County Courthouse Naples, Florida 34112 RE: Request for Proposals #03-3568 "Annual Contract for Countywide Exotic Vegetation Removal" Dear Commissioners: The undersigned, as proposer, hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to providing exotic and other undesirable vegetation removal. The proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or cOmpanies making a Proposal; and it is in all respects fair and in good faith, with out collusion or fraud. The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of ,2003 in the County of ., in the state of Proposer's Complete Legal Name (Circle one): Corporation, Sole Proprietorship, Partnership Phone No. FAX Numb. Address City and State ZIP BY: Typed and Written Signature Title Contract 98-2867-2004 Reassignment of Architectural Services for The Naples Jail Center PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this /~,~ day of 2004, by and between the Board of County Commissioners for~6~lier Count~, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and Schenkel & Shultz, Inc., an Indiana Company, authorized to do business in the State of Florida, whose business address is 2640 Golden Gate Parkway, Suite 112, Naples, FL 34105 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Architectural services of the CONSULTANT to transfer responsibility for the completion of the balance of work remaining under the original Contract No. 98-2867, Amendment No. 4, The Naples Jail Center. The revision of the contract transfers the responsibility of work to be done from the originally awarded Design Professional, AEC National, Inc. to Schenkel & Shultz, Inc. Resulting from notification by the Bank of Naples that AEC National was in default on a loan, The Board of County Commissioners approved the termination of the Contract with AEC National, No. 98-2867, Architectural Services for The Immokalee and Naples Jail Center, on Tuesday, December 2, 2003, Agenda Item (16)(K)(2). Upon termination, the County negotiated and awarded the balance of the remaining work to Schenkel & Shultz, Inc. The work includes the Jail Center Expansion, Renovation of Existing Building J, Parking Garage and Chiller Plant Upgrade. All other work contained covered under Contract No. 98-2867 was completed by AEC. The Naples Jail Center (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has agreed to accept responsibilities to complete the work to the Project; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Architectural services in all phases of the Project to which this Agreement applies, 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and 16E · services other governmental agencies responsible for regulating and licensing the profession to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service, which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's Project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person, selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT 16E7 to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT- agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 4 ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 16E? If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes schedule or character of construction; and revising studies, Contract Documents previously accepted by OWNER when in size, complexity, OWNER's reports, design documents or such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 16E7 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANTS in connection with otherwise provided for in this Agreement or not customarily furnished in accordance with generally accepted Professional practice. the Project, not Collier County in ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a Project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: 16E7" (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 16E7 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty four (24) months of the date hereof, the 16E- CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period, plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each Project under this Agreement are considered to be instruments of the CONSULTANT'S service. expense, may retain copies for its files and internal use 16E7 'I CONSULTANT, at its own ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation, which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold tO ]k harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANTls own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the 11 acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such 12 termination for convenience, CONSULTANT'S recovery a§ainst OWNER shall be limited to that portion of the fee earned through the date of termination, to§ether with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery a§ainst OWNER, includin§, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must miti§ate all such costs to the 9reatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such Agreement. adjustments shall be made within one (1) year following the end of this ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by 14 16E? United States Postal Service Department, firs1 class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Facilities Management Building W 3301 Tamiami Trail East Naples, FI. 34112 Attention: Jack Crognale, Construction Manager Fax: 941-793-3795 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Schenkel & Shultz, Inc. 2640 Golden Gate Parkway Naples, FL 34105 Attention: Gary F. Krueger, AIA, Principal Fax: 239/434-2133 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 15 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 45 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. 16E7 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Architectural Services for The Naples Jail Center the day and year first written above. ATTEST: Dwight E. Brock, Clerk Date: ~/~J~/~'/ By: Approved as to form and Ro6ert-'l~. Zac~ar¢ Assistant County Attor~ By: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Schenkel & Shultz, Inc. Gary F. Krueger, Principal Typed Name and Title (CORPORATE SEAL) 17 SCHEDULE A SCOPE OF SERVICES The Scope of Services identifies and defines the balance of work for the Project as written in the original contract No. 98-2867. Schenkel & Shultz, Inc. will manage and coordinate the remaining tasks to complete the Project. The Consultant will ensure that all construction documents are complete. If changes are made in the construction documents or as inspections dictate, the Consultant will make necessary changes. All permits for the Project have been received. Additional construction incorporated into this Agreement for Naples Jail Center also includes: 1. Completion of the third-floor of jail - design complete 2. Chiller plant upgrade- design complete. 3. Replace Stucco on existing jail. 1.1 1.2 1.3 1. Construction Phase Upon the Owner's written authorization to proceed, the Design Professional shall commence the Construction Phase. During the Construction Phase, Design Professional shall provide the following services: Processing, review, approval and distribution of shop drawings, product data, samples, substitutions and other submittals required by the Construction Documents, but only for the purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of the Construction Manager's submittals is not conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment of systems, all of which remain 18 the responsibility of the Construction Manager as required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of any construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 1.4 Maintenance of a master file of all submittals made to Design Professional, with duplicates for Owner. 1.5 Construction Field Observation Services consisting of visits to the Project site as frequently as necessary, but not less than twice every month, to become familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Construction Documents. When the Design Professional discovers portions of the Work that does not conform to the Construction Documents, the Design Professional, with written authorization of the Owner, shall have the authority and duty to reject such Work. Provide a written report monthly documenting the progress of the work. This field observation requirement shall apply to any subconsultant or subcontractors of Design Professional at appropriate construction points. 1.6 The Design Professional, as representative of the Owner during construction, shall advise and consult with the Owner. Through its on-site observations of the Work in progress and field checks of materials and equipment, the Design Professional shall endeavor to provide protection for the Owner against defects and deficiencies in the Work of the Construction Manager and the various trade subcontractors of the Construction Manager. 1.7 Based on such observations at the site and on the Applications for Payment submitted by the Construction Manager, the Design Professional shall determine the 19 1.8 amount owing to the Construction Manager and shall prepare IPayment for such amounts. The issuance of Certificate of Payment shall constitute a representation by the Design Professional to the Owner that: (i) the Work has progressed to the point indicated; (ii) that to the best of the Design Professional's knowledge, information and belief, the quality of the Work is in accordance with the Construction Documents subject to minor deviations from the Construction Documents correctable prior to completion, and to any specific qualifications stated in the Certificate of Payment; and (iii) the Construction Manager is entitled to payment in the amount certified. The Design Professional shall submit the Certificate of Payment to Owner within ten (10) calendar days after receipt of the Application for Payment from the Construction Manager. The Design Professional shall review claims for extra compensation, or extensions of time from the Construction Manager, make recommendations to the Owner concerning validity, and prepare responses for the Owner. 1.9 1.10 The Design Professional shall be, in the first instance, the Interpreter of the requirements of the Construction Documents. The Design Professionalshall render opinions on all claims of the Construction Manager relating to the execution and progress of the Work and on all other matters or questions related thereto. The Design Professional's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Construction Documents, subject to Owner's approval. The Design Professional shall review for comment or approval any and all proposal requests, supplemental drawings and information, substitutions and change orders. The Design Professional shall be compensated as an Additional Service for evaluation of alternatives subsequent to bid award. Prepare, reproduce and distribute supplemental drawings, specifications and interpretations in response to requests for clarification by the Construction 1.11 1.12 1.13 Manager or the Owner as required by construction exigencies. The Design Professional shall endeavor to respond to any such request made by the Owner and the Construction Manager within twenty-four (24) hours of the request, or the next available working day when the request is made prior to a weekend or holiday. Design Professional will review and respond to all submittals from the Construction Manager, including but not limited to shop drawings, within a reasonable period of time so as not to delay the progress of the Work, but in no event, more than ten (10) business days, unless Owner expressly agrees otherwise in writing. Subject to Owner's prior written approval, the Design Professional shall have authority to reject Work, which does not conform to the Construction Documents. Whenever, in its reasonable opinion, Design Professional considers it necessary or advisable to insure the proper implementation or the intent of the Construction Documents, subject to Owner's prior written approval, Design Professional will have authority to require special inspection or testing of any work in accordance with the provisions of the Construction Documents whether or not such Work be then fabricated, installed or completed. The Design Professional shall review, comment upon and approve or disapprove all Change Orders, as well as any cost estimate associated with a Change Order requeSt, prepared by the Construction Manager. All Change Orders must be submitted to the Owner for review and approval before any work covered by such Change Order can begin. The Design Professional shall review the Project schedule updates, trade subcontractor construction schedules(s), schedule(s) of shop drawing submittals and schedule(s) of values prepared by the Construction Manager and consult with the Owner concerning their acceptability. 21 1.14 Not Included 16E7 1.15 Receive notice from the Construction Manager if other work related to the Project by Owner's own forces, by utility owners, or by other direct contracts will involve additional expense to Construction Manager or require additional time and advise Owner. 1.16 Receive notice from Construction Manager after the occurrence of an emergency and determine whether a change in the Contract Documents in the form of a Change Order is required because of the action taken in response to the emergency. 1.17 Upon notice from the Construction Manager, and with the assistance of the Owner, conduct the substantial completion inspections. Review and comment upon, and supplement as appropriate, the punch lists to be prepared by the Construction Manager. Notify Construction Manager in writing of work not complete. Issue Certificate of Substantial Completion when appropriate. 1.18 Upon notice from the Construction Manager, conduct final inspections and assist Owner in final acceptance of Project. 1.19 Evaluate all testing results and make recommendations to the Owner. 1.20 Assist Construction Manager in the establishment by the Owner of programs of operation and maintenance of the physical plant and equipment. 1.21 Assist Construction Manager in arranging for and coordinating instructions on operations and maintenance of equipment in conjunction with manufacturer's representatives. 1.22 1.23 16E? Assist Construction Manager in preparing an operation and maintenance manual for the Owner's use. Visit the facility at initial occupancy and at three (3) month, six (6) month and one (1) year after issuance of the Certificate of Substantial Completion. During each facility visit the Design Professional shall observe, troubleshoot and assist in the operation of building systems. This shall not relieve the Design Professional of its obligation to make other visits to the facility based on need should specific issues arise. 1.24 Assist the Owner and Construction Manager in the training of the facility operation and maintenance personnel in proper operations, schedules, procedures and maintenance inventory schedule. 1.25 The Design Professional will provide the Construction Manager and Owner each with one (1) electronic copy of the Construction Documents, based upon an Auto CARD File version which is compatible with Owner's system, so as to permit the Construction Manager to make the necessary changes to those documents to reflect the as-built situation. Throughout the Construction Phase, the Design Professional is to review the Construction Manager's marked up drawings on a regular basis. 1.26 Transmit drawings and general data, appropriately identified, to the Owner and others as directed. 1.27 Consult with and recommend solutions to, the Owner during the duration of warranties in connection with inadequate performance of equipment, materials or systems under warranty. 1.28 16E7 '! Submit a facility and equipment review schedule to the Owner at the time of Substantial Completion. At times coordinated with Owner, perform reviews of facilities and equipment prior to expiration of warranty period(s) to ascertain adequacy of performance, materials, systems and equipment. Submit a written report to the Owner. It is intended that this paragraph encompass 3 month, 6 month and 1 year warranty inspections. 1.29 Document noted defects or deficiencies and assist the Owner in preparing instructions to the Construction Manager for correction of noted defects, from installation through the end of the warranty period. All contacts and/or communications between the Design Professional and the Construction Manager shall be coordinated with the knowledge of the Owner. All contacts and/or communications between the Design Professional and the various trade subcontractors shall be routed through the Construction Manager. 2. Services Relating to All Phases: 2.1 2.2 2.3 2.4 The Design Professional shall investigate and confirm in writing to the Owner, to the best of the Design Professional's knowledge, conformance of the plans and specifications with all applicable local public and utility regulations. Not Included. At all phases of design, the Design Professional's design documents must be consistent with Owner's program unless expressly authorized otherwise in writing by Owner. Not Included. 24 2.7 2.5 At the Project completion, a final set of the design notes and computations, properly certified by the Design Professional, shall be submitted with the record set of plans and tracings. 2.6 The design notes and calculations shall include, but not be limited to, the following data: 2.6.1 2.6.2 2.6.3 2.6.4 2.6.5 Design criteria used for the Project; Lighting calculations; Structural calculations; Drainage calculations; Not used 2.6.6 2.6.7 2.6.8 2.6.9 HVAC calculations; Security and communications calculations; Calculations as required by provisions of the Florida Energy Conservation Manual (Department of General Services), latest revision; Calculations showing probable cost comparisons of various alternatives considered. 2.6.10 Documentation of decisions reached resulting from meetings, telephone conversations or site visits; and 2.6.11 Other Project related correspondence as appropriate. All drawing documents for the Project shall be accurate, legible, complete in design, suitable for bidding purposes and drawn to scales acceptable to the Owner. The 25 completed drawing documents shall be furnished on reproducible material and in a format that is acceptable to the Owner. 2.8 During the various design phases, the Construction Manager will be developing various 2.8.1 2.8.2 schedules and other documents. The Design Professional will participate in this process as follows: Receive for review the Construction Manager's Master Project schedule, and after consultation with Owner, provide the Construction Manager a written list of corrections needed for schedule approval. Jointly develop with Construction Manager and Owner the Occupancy Schedule. 2.8.3 Coordinate Construction Manager's development of the Policy and Procedure Manual. 2.8.4 Consult with Construction Manager concerning long lead procurement items. 2.9 At the time this Agreement is executed, the Design Professional has reviewed the form of contract to be entered into between Owner and Construction Manager. In addition to all other Basic Services to be provided by Design Professional hereunder, Design Professional agrees that any other services noted within the contract between the Owner and Construction Manager to be provided by Design Professional are hereby incorporated by reference into the Basic Services to be provided by Design Professional hereunder. Any changes to the form of contract between Owner and Construction Manager from that reviewed by the Design Professional, which would increase the scope of Basic Services otherwise required of the Design Professional, must be approved by the Design Professional before such additional services will be included within the Basic Services of this Agreement. 2.10. The Owner in no way obligates itself to check the Design Professional work and further is not responsible for maintaining the Design Schedule 26 16E7 2.11. Owner's approval or acceptance of any service in any phase does not relieve the Design Professional of any of its duties, obligations or responsibilities under this Agreement. 2.12. Design Professional's attendance at any partnering sessions with the Construction Manager is mandatory and included within Basic Services. 2.13 Not used. 3 Other Basic Services: 3.1 Design Professional will perform these other Basic Services, for the separately stated fees shown on Schedule B to the Agreement. 3.1.1. Project Programming 3.1.1 .A The Design Professional shall develop a program in conjunction with the Update of the Integrative Corrections Strategic Development Plan and the Sheriffs staff to ascertain the requirements of the Project. 3.1.1 .B. The Design Professional shall prepare and submit for the Owner's evaluation a program based on the requirements for the Project and address the following: 3.1.1 .B.1. Security 3.1.1 .B.2. 3.1.1 .B.3. 3.1.1 .B.4. 3.1.1.B.5. 3.1.1 .B.6. 3.1.1 .B.7. 3.1.1 .B.8. 3.1.1 .B.9. 3.1.1. B. 10. Site evaluation Evaluation of spatial needs (square footages) of each area Work Flow Adjacencies Site Circulation: access, egress, service entry Ancillary facilities (toilets, shower and locker rooms, storage, etc.) Not used. Facilities - Maintenance Fixtures/furnishings/equipment 2? 3.1.1.B.11. 3.1.1. B. 12. 3.1.1. B. 13. 16E Demolition of selected areas within the existing facility Phasing and maintaining current operations Personnel 3.1.2 Preliminary Design of the Project 3.1.2.A The Design Professional shall prepare and present to the Owner a minimum of three (3) alternative evaluations based upon the program. The Design Professional shall rank these alternatives in order of preference and will coordinate pricing with the Construction Manager. 3.1.2.B. The Design Professional shall prepare a final report recommending a detailed Scope of Work. The Scope of Work shall clearly define and include: 3.1.2.B.1 Spaces required 3.1.2.B.2. Facility layout 3.1.2.B.3. Design emphasis and standards 3.1.2.B.4. Materials and methods of construction. 3.1.2.B.5. Security features (physical, electronic, furnishings) 3.1.2.B.6. Complete description of all required systems (structural, plumbing, HVAC, electrical). 3.1.2.B.7 Access for the handicapped. 3.1.2.B.8. Energy conservation. 3.1.2.B.9. Site/landscape work. 3.1.2.B.10. Not used. 3.1.3 Land and Underground Surveying of the Project. 3.1.4 Site improvements / Walks / DRI / Water Management coordination for Project. 3.1.5 3.1.6 3.1.7 3.1.8 3.1.9 16E7 Base existing condition drawing and required mechanical, electrical, plumbing and structural drawings of existing conditions. Geotechnical engineering of the Project. Furniture design and specification within the Project limits. Food Service and Laundry design within the Project limits. Landscape architectural design within the Project limits. Option Clause Collier County reserves their right to exercise the option of awarding Schenkel & Shultz the Architectural services for the Sheriff's Administration Building, (J-l). The building was included in the Master Plan and incorporated as part of the original scope of services contained in Contract No. 98-2867. Building J-l, Sheriff's Administration Building was not included in the interim work order to Schenkel & Shultz, Work Order No. SS 02-03, or the replacement Contract due to the urgency of completing the immediate work to the Naples Jail Center upon termination of AEC as the Design Professional. This option is subject to the availability of funding for that portion of the work. Hence, the exercise of this option will be considered when funding is available. END OFSCHEDULEA SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services". B. 1.2. Payment For Basic Services under Schedule A shall be paid on a lump sum basis in accordance with Schedule C milestones. B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding 30 (c) (d) documents and similar Project-related items in addition to those otherwise required in Basic Services; when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and expenses for renderings, models and mock-ups requested by OWN ER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) (b) (c) (d) expenses for transportation and subsistence; overhead, including field office facilities; overtime not authorized by OWNER; or expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the Project being approved, in writing, by the County. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B 31 are incorporated herein and, will be the basis for OWNER's monitoring of expenditures under this Agreement. 16E budgeting, authorizing and B.3.4 Subsequent to receipt of the "NOTICE TO PROCEED", and prior to submittal of the first invoice of fees earned, the Design Professional shall submit for the Owner's approval a detailed schedule, showing the various work items comprising the total work effort estimated to be required for the completion of the BASIC SERVICES provided for in the Agreement, including the weight of each work item to be in proportion to the total work effort, and the portion of the total BASIC FEE assigned to each work item. B.3.5 The Design Professional shall submit to the Owner, not later than the tenth (10th) day of each month, a progress report reflecting the PROJECT design status, in terms of the total work effort estimated to be required for the completion of the BASIC SERVICES, as of the last day of the preceding month. The report shall show all work items, the percentage complete of each item, the percentage of total work effort represented by each item, and the percentage of total work effort completed. B.3.6 All progress reports and invoices shall be mailed to the attention of the Owner's Project Manager: Mr. Jack Crognale Collier County Government Center Facilities Management Department 3301 Tamiami Trail East Naples, FL 34112 END OF SCHEDULE B. 16E7 TASK JAIL EXPANSION Contract Administration SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES 16 months at $24,380 per month Jail Expansion Task Total COST $390,080.00 JAIL RENOVATION Contract Administration 9 months at $t8,040.00 per month Jail Renovation Task Total $162,360.00 DOCUMENT CONVERSION Total $15,450.00 POST CONSTRUCTION INSPECTIONS Total $5,280.00 REIMBURSABLES Out-of-Town Trips Miscellaneous Printing and Postage Not-To-Exceed Not-To-Exceed $16,000.00 $12,500.00 Consultants (Civil, Structural, Mechanical, Electrical, Plumbinq): Not-To-Exceed $121,660.00 Speciality Consultants Total $122,089.00 TOTAL FEES FOR BASIC SERVICES $845,419.00 33 !6E7 SCHEDULE B -ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE SCHENKELSHULTZ Contract No. 98-2867-2004 Reassignment of Architectural Services for the Naples Jail Center Correctional Consultant Project DirectodManager Sr. Project Architect Project Architect Architect CADD Operator Specification Writer Job Site Inspector Transitional Project Architect Transitional Construction Administrator Clerical $125.00 $110.00 $110.00 $100.00 $85.00 $70.00 $95.00 $110.00 $50.00 $127.00 $42.50 Reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and are identified as follows: Out of Town Travel Expenses Fees for Securing Permits/Approvals Reproductions Postage Renderings/Models 34 SCHEDULE C PROJECT SCHEDULE Construction Administration services relative to the jail eXpansion, completion of the third floor of the Jail expansion, chiller plant upgrade, parking garage, and stucco replacement on the existing Jail shall be provided over a 16 month period commencing January 17, 2004. Construction Administration Services relative to the existing jail renovation shall be provided over a 9 month period commencing May 2005. Post construction services shall be provided at periods of 3 months, 6 months and 1 year following the issuance of the Certificate of Substantial Completion. 35 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall minimum requirements with the use of Insurance Services endorsements or their equivalents. conform to the following Office (ISO) forms and (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by ContractodConsultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the 36 insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the ContractodConsultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase Such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor ! Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. 16E7 " WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? __ Yes X No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X__ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable __X Not Applicable 38 COMMERCIAL GENERAL LIABILITY 16E7 Required by this Agreement?_ X Yes __No (1) Commercial General Liability Insurance shall be maintained by the ContractodConsultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $30O,00O $300,000 $ 50,000 General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $500,000 $500,000 $500,000 $ 50,000 X __General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 SI,000,000 SI,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance 39 1667 provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your Projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. __ Applicable X__ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. __ Applicable X__ Not Applicable 40 PROPERTY INSURANCE - BUILDERS RISK (1) applicable. Property Insurance- Builders Risk coverage shall be carried by the Owner if Applicable X Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insUre against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor 4! 16E7" for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. 42 16E'7 (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A __ All Risk Policy - $1,000 maximum deductible __ All Risk Policy - Maximum deductible of $ __ Flood Policy - $1,000 maximum deductible __ Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X__ Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor/Consultant/ Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the ContractodConsultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. 43 16E7 (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this Projects and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? __X__ Yes __ No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: X $ 500,000 each claim and in the aggregate __ _ $1,000,000 each claim and in the aggregate __ $2,000,000 each claim and in the aggregate __ $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. 44 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Schenkel & Shultz, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning The Naples Jail Center are accurate, complete and current as of the time of contracting. Schenkel & Shultz, Inc. / TITLE: DATE: 45 A CORD. ' 'cERTiFICATE $CHENKEL SCHULTZ OF Acorclia, Inc. P,O, Box 886 Fort Wayne, IN 46801-0885 (p)260-432-3400 (F)260-z~32-2075 Schenkel & Shultz, Inc., etal 8250 ColLege Pkwy., Ste. 20;3 Fort Myers, FL 33g 19 LIABILITY 'INSURANCE THIS CEH¥iEICATE I$ ISSUED AS A MAi i=R OF: INFORMATION ONLY AND CONFEF~ NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES HOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Federal Insurance Company msum~ ;: Cincinnati Insurance INS~JRt~R C: IN~fJRER D: INSuRER E: )VERAGES IHS POt.lOGS ~ INSUR,M~CE US'TED BELC)VV HAVI; BEt~.I~IJEi;3 TO THE INSURED NAMED AE, OV~ FOR THE POLICY PBII~ INDICATED. NOT~VITHSTANDING N~I¥ RE(3JIREMENT, TERM OR CONDITION OF N~Y CONTRACT OR OTHER DOCUMENT ~NITH RE~CT TO V~I-IICH THIS C~:~1'IFIC:ATE MAV BE ISSUED MAY PERT~JN, THE INSURANCE AFi~I3~3 BY ~ P~IQ~ O~ ~ ~ ~ TO ALL THE ~MS, ~USl~ ~D ~DIT~ ~ SUCH I ~ ~O~ BY PAID ~S. Re: Naples JM Cente~ :ERTIF.~CATE HtIIJ~ER I [__~'~-~.~,~,. At ~ ~=e'J: .m___.~li~ I~l!_=:' Collier County Government Puroh. Dept.-Linda Jackson 3301 Tamiami Trail E,, Bldg. (3 Naples, FL 34112 ~,CORD 25-S [7/971 45-30 CANCELLATION ~HOULD ANY OF '[HE .,~LKTV£ OE~GfllIIED POI.IGIE~ BE C, ANGI3.LIED BEFORE THE EXPIP. ATION OATE THEREOF, THE IGGUINQ INSUREfl WiLL END~.AVOR TO MAiL ~ DA¥'~ ~M',ll'r~! NOTIGL= TO THF. c~RTII;IChTE H~ NAMED TO TIlE LEFT. DUT FAILUF~ TO IMFO~ NO ,O~IUC~%TION O~ UABll,-ITY OF ~,NY KIND UPON THE IN~LIRER;. ITl:. ~1~ OR CERTIFICATE OF INSURANCE 16E7 DATE 01/07/04 PRODUCER fbi, S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT UPON TIlE CERTIFICATE HOLDER. TI)IS CERTIFICATE DOES NOT AMEND, EXTEND OR AI.TER 'T~E COVERAGE AFI~f~RD~I'3 FlY .~-IE Pt31 ,TCi'F~q RET,OW. PROFESSIONAL DESIGN INSLFRANCE COMPANqES AFFORDING COVERAGE MANAGEMENT CORPORATION CiSMPANY Z Zurich American Insurance Company P.O. BOX 501130 LETTER IINDIANAPOLIS, IN 46250 ....... Phone: (3I?) 5?0-6945 F~: (317) 579-6410 :COMPANY B LETTER INSURED COMPANY C Schenkel & Shul(z, ][ne, LETTER 8250 College Pkwy., Ste. 203 COMPANY D Fort Myers, I~L 33919 LETTER COMPANY E LETTER COVERAGES II-IlS IS TO CERTIFY THAT POLICIES OF INSUKANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY pERIOD IINDICATED. NOTWITHSTANDING ANY REQUI~ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH ,TI, tIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TI-rE POLIC ~IES DESCRIBED HEREIN IS SUBJECT TO ALL THE :TERMS. EXCLUSION, AND CONDTION OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEE-"N REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY POLICY LIMITS LTR EFFECTIVE EXPIRATION DATE. DATE [GENERAL LiABILiTY GENERAL AGGREGATE ![ ] COMMERCIAL G- ~ENERAL LIABILITY PRODUCTS-COMP/ePs AGGREGATE $ ![ ] [ ]CLAIMMADE [ ] OCCURRENCE PERSONAL&ADVERTISING INJURY [ I OWNER'S & CONTRACTORS PROTECTIVE EACH OCCURBNCE [ ] FIRE DAMAGE (ANY ONE FIRE) [ I MED.EXPENSE {ANY ONE PERSONI AUTOMOBILE LIABILITY CSL $ [ ] ANYAUTO BODmY~RY [ ] ~ O~D AUTOS ~ER P~ON) [ ] SCHEDULED AUTOS BODILY INJURY [ ] HIRED AUTOS (PER ACCIDENT) [ ] NON-OWNED AUTOS [ ] GARAGE LIABiLITY PROPERTY F ] DAMAGE AOOREGATE EXCESS LIABILITY EACH [ ] UMBRELLA FORM .... !OCCURRENCE $ WORKERS' COMPENSATION STATUTORY ~MPLOYER LIABILITY ~ $ (EACH ACCIDENT) $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) A OTHEK PROFESSIONAL LDJ~ILITY EOC9303224-01 22 Mar 03 22 Mar 04 ;2000000 LIMIT EACH CLADd AND IX] ARCHITECTS AND ENGINEERs $5000000 IN THE AGGREGATE. Il 3ESC~ON OF OPERATIONSILOCATION/VEHICLES/SPECIAL ITEMS Deductible: $50,000 CERTIFICATE HOLDEK SHOULD ANY OF TIlE ABOVE DESCRIBED POL/CIES BE CANCEL!.ED BEFORE THE -EXPIRATION DATE THEREOF, THE ISSUING COMPANY Collier County Government Pm'ch. Dept. WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO TIlE 3301 Tamiami Trail East, Bldg. G CERTIFICATE HOLDER NANLED TO THE LEFT, BUT FAILUIUE TO Naples~ FL 34112 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TI-IE COMPANY, ITS AGENTS OR Al-tn: Linda ,,raekson~ Contracts Agent REPRESENTA27VES. AUTHORIZED REPRESENTATIVE ACORD 25-S (1/95) BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 13, 2004 loll FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: Minutes: Lely Community Development District - Minutes of April 16, 2003; May 21, 2003; June 18, 2003; July 2, 2003; August 13, 2003; September 17, 2003; October 22, 2003. o Tuscany Reserve Community District - Minutes of July 10, 2003; Adopted Budget for FY 2004. ° o Golden Gate Estates Land Trust Committee Meeting - Minutes of September 22, 2003. o Collier County Citizens Corps Advisory Committee -Agenda for October 16, 2003 Minutes of October 16, 2003;. Notice of Date Change for various Sunshine/Public Records/Ethics Laws and Ex-Pane Requirements. Vanderbilt Beach M.S.T.U. - Agenda for December 4, 2003; Minutes of November 5, 2003; Notice of Date Change for various Sunshine/Public Records/Ethics Laws and Ex-Parte Requirements. Agenda for November 5, 2003; Minutes of October 2, 2003. Collier County Airport Authority - Agenda for December 8, 2003. Collier County Planning Commission - Agenda for December 4, 2003 and December 18, 2003; Minutes of November 6, 2003, Minutes of November 13 CCPC with LDC, 2003, Regular Meeting Minutes of November 20; Meeting Minutes of November 20 with CCPC/LDC 2003. Forest Lakes Roadway and Drainage M.S.T.U Advisory Committee, - Minutes of November 19, 2003, Agenda for December 17, 2003. Environmental Advisory Council - Minutes of October 1, 2003; November 5, 2003; LDC Amendments for 2003 - Cycle 3; Agenda for December 8, 2003. H:Data/Format Co 10. 11. 12. 13. 14. 15. Other: 1) 2) 1611 Pelican Bay Services - Agenda for December 3, 2003; Minutes of November 5, 2003; Budget Sub-Committee Minutes for November 13, 2003. Collier County Hispanic Affairs Advisory Committee - Agenda for November 20, 2003. Citizen's Advisory Task Force -Agenda for September 18, 2003; Minutes of September 18, 2003. Ochopee Fire Control District- Minutes of October 14, 2003. Collier County Emergency Medical Services Advisory Committee - Minutes of October 29, 2003; EMSAC Schedule for 2004. Collier County Productivity Committee - Agenda for November 19, 2003; Minutes of October 15, 2003. Bayshore Beautification M.S.T.U. - Agenda for December 10, 2003; Minutes of November 12, 2003. Community Character/Smart Growth Advisory Committee - Agenda and Minutes of October 8, 2003; October 22, 2003 and November 14, 2003. Guy L. Carlton, Collier County Tax Collector - Budget Amendment for 2002- 2003. City of Naples - Voluntary Annexation/Ruffina, 605 Sandpiper Street - Antaramian Capital Partners, LLC. H:Data/Format 1611 group December II, 2003 Ms. Maureen Kenyon Collier County Deputy Clerk to the Board 267~ Airport Road South, Suite 202 Court Plaza III Naples, Florida 34n2 Re: Lely Community Development District Minutes Dear Ms. Kenyon: In accordance with the reporting requirements for Special Districts under Florida State Statutes enclosed are the meeting minutes of the Board of Supervisors of the Lely Community Development District from April 2oo3 through October 2oo4. If you upon review of the above have any questions or concerns please do not hesitate to contact me. f W. Neil Dorrill, District Manager enclosures cc: Miscellaneous Correspondence GOLF & COUNTI~Y CLUB Lely Community Development District 5645 Strand Boulevard, Suite #3 ° Naples, Florida 34110 · tel 239-592-9115 · fax 239-594-1422 ~ELY COMMUNITY DEVELOPM .T Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community. Developmem Held on April 16, 2003 Regular meeting of the Supervisors of Lely Community Development was held on Wednesday, April 16, 2003, at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Also Present: Wayne McLellan, District Chairman Ronald Moore, District Vice Chairman Ken Drum, District Supervisor Charles Krout, District Supervisor Robert Fisher, District Supervisor W. Neil Dorrill, Dorrill Management Group, Manager Jerry Ellis, Site Supervisor David Bryant, Esq., District Attorney INVOCATION AND PLEDGE OF ALLEGIANCE Invocation led by Neil Don-ill of Don-ill Management Group. The Pledge of Allegiance was recited in unison. ROLL CALL/APPROVAL OF AGENDA The entire Board was present for today's meeting. ~_t the request of a member of the Board, two items were added to the agenda under Supervisor's Requests, the Comcast Update and Liability Insurance for Wackenhut. APPROVAL OF THE MINUTES OF THE MARCH 19, 2003 MEETING A MOTION was made by Mr. Moore and seconded by Mr. Fisher to approve the minutes as submitted, and passed unanimously. .ELY COMMUNITY DEVELOPM Y Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community. Develo.mnem Held on April 16, 2003 16tl Minutes - Lely Community Development April 16, 2003 Page 2 MANAGERS REPORT A Recommendation to Award Surplus Bid for '99 Chevy. S-10 After discussion and questions by Mr. Drum, a MOTION was made by Mr. Fisher and seconded by Mr. Krout to declare the vehicrle surplus and award the sale to Bene Reeve of Naples in the amount of $3,001, and passed unanimously. Mr. Ellis will be responsible for completing the transaction and receiving the funds. B.Recommendation to Approve Contract for Commercial Banking Services A discussion was had concerning the award of a commercial banking proposal originally let by the School Board. A proposal was reviewed and Mr. Drum had a question regarding the protection of public fimds. Mr. Dorfill will look into this matter and advise the Board at the next scheduled meeting. A MOTION was made by Mr. Drum and seconded by Mr. Moore to approve the proposal and passed unanimously. C. Recommendation to Enter into Agreement with Paychex for Money Purchase, Mr. Don-ill presented the Board with a similar proposal to have Paychex he responsible for administering employee pension plans. After a brief discussion, a MOTION was made by Mr. Drum and seconded by Mr. Fisher to approve the proposal and passed unanimously. D. Discussion Re: Community Newsletter The Board reviewed the recently completed newsletter and felt it was very well done and should be repeated in the fall. A discussion was had regarding the feasibility of mailing in lieu of hand distribution to residents. No further action was taken. T,ELY CO MMUNITY D EVELOPMr :~T Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community. Deve~pment Held on April 16. 2003 1611 Minutes - Lely Community Development April 16, 2003 Page 3 ATTORNEYS REPORT Mr. Bryant reported on his research into the history of Lake t 7 and the discussions had regarding its dedication to the District. He further reported on the results of a meeting had with Mr. Luke Delane, Lely's representative. A promised check has not yet been received. Mr. Dorrill assured the Board that he and Mr. Bryant are continuing to follow up with this issue, and aMOTION was made and seconded that Mr. Bryant advise Lely's attorney by letter that suit would be start-ed unless the promised $360,000 or title to the lake is received by the following month, and passed unanimously. After some discussion regarding how long the clay lining of the Lake was expected to last, Mr. Dorrill advised the Board that he would do the necessary research to determine how much maintenance will be needed in the future. SUPERVISORS REQUESTS A. Comcast 1Mr. Dorrill advised the Board that he wilt be meeting with Comcast on April 22 regarding another account, and at that meeting he will discuss a proposal with respect to a unified cable contract for the Community. The Board will will be advised of the results of those discussions at the May meeting. At this point some discussion was had regarding the Master Homeowners Association administration, and ongoing efforts that are being made to raise the Community service level. It was agreed that the services provided by the Homeowners Association must be improved. After some discussion regarding the irrigation agreement, Mr. Bryant advised the Board that he would investigate the nonperformance of Lely Development and report to the Board any breach of the agreement at the May meeting. FROM : A,A,F,REPORTING PHONE NO. : 94126280?? Jun. 13 2003 09:09AM P2 LET.y CO~ DEVELOPMENT Naples..lqoridn H~ld on May 21, ~3 1611 ' Regular mee'dag of the Supervisors of Lely Commun~ Development was held on Wednesday, May 2I, 2003, at 1:30 p.m at the East Naples Community Library. Supervisors Pre~cnat: ,Also Present: Wayne McLellan, District Chaimmn Ronald Moore, [hsaic~ Vice Chairman Ken Drum, District Supervisor Charles Krout, District Supervisor Kobert Fisher, ~imrict Sup~-v~sor W. Neff DorrilI, Dorrill Management Group, Manager Jen'y Ellis, Site Supervisor David Bryant, Esq., District Attorney INVOCATION AND PLEDGE OF AL~G/ANCE Invocation led by Ncil Dorrill of Dorrill Manag~nent Group. The Pledge of Atleg/ance was recited in unison, ROLL CALIdAPPltOVAL OF AGENDA The emire Board was present for today's meeting. Mr. Dorr~ added two items to the agenda, the first being 4C oa Cottlrttutlit3~ security isstles, arid the second being 4D, a discussion of the annual summer recess. Mr. Dorrill further reported that the next meeting will be held in the ne,;.' ~4st:ict maimenance facility. Mr. Dorrill will write a letter to Mr. Jones from 'the 'Board thanking him for the use of the Ubrary faeih'ry. At ~ request of Mr. Bryam, a Comcast discussion waz added as 4E. At the raquest of a member of the Board, a discussion on Lake 17 was added as item 6A, and the Master Homeowt~rs Association as item 6B. A MOTION was made by Mr. Fisher and seconded by Mr. Krout to approve today's agenda as amended, and passed unanimously. APPROVAL OF TIlE MINiYl~$ OF ~ M~IL ]6, 2003 With the correction of the spelling of Mr. Luke De Lange's name on Page motion was made by Mr. Dmjm and seconded by Mr. Moore to approv~ ~he minutes as submitted, and passed unanimously. ~:'~' ......... FROM : A,A,F,REPORTING PHONE NO. : 9412628077 Jun. 13 2~3 09:111~qf.1 P3 LELY COM3tIUNITY DEVELOPMENT Ftorid Minutes of a Re~u~r M~in~ of the Sun~rv~orn ~ !1 Held on Msy_21:200_3 Minutes - Lely Commgn~ Development May 21, 2003 .Page 2 MANAGERS REPORT Mr. Dorrill introduced Mr. Stock, the D~eloper, and lame~ Ray of FiP,~Third Bank, who thanked ',he Board for the opportunity to ~_xve them. A. Lely Tract 35 Plat Approva! The approval of the new commun;ty, Ascot, was passed unanimously on a MOTION by Mr. Drum and a second by Mr. Moore. B. Lely Phase I Plat Approval The approval of the new eommtmity, Majors, was passed unaaimousl¥ on a. MOTION by Mr. Fisher and a second by Mr. Drum. C. Reran by Mr Stc~k Mr. Stock adv/sed the Board that Lely Development w/Il continue to be very involved in the commtmky and expressed h/$ concerns about keepin~ the area secure, and tl~ possibilky of adding additional pan-ots and ia-house security. Discussion waz had regarding the need for adequaxe security and the issue of affordability for ~he en~e Distri~. A MOTION was made mad seconded to authorize Mr. Doral to me~ with Mr. Stock and look into the issues further and bring some information ~o the Board once it has been compiled, ami passed unanimously. .Mr. Dorrill will be semting the Board the teatative budget ~owards the end of June or the ftrst part of luly. As there is no luly meeting, the Board wiI1 have an opportunity to look over the budget, which will then be addressed as a priority at the August meeting. ARer some discussion of Board vacation plans, k was ag;reed that the lune meeting would go Yorward as usual. Due to Comcast's cancellation of the scheduled meening with Mr. Don-ill, another meeting will be scheduled with the new general manager regarding the bulk sale agreement/'or the community, Mr. Dorrill will keep the Board informed. FROM : A,A,F,REPORTING PHONE NO. : 9412628077 3un. 13 2003 09:10AM P4 Minutea- Lely Commun~o, Development May 21, 2005 Page $ 1611 ATTORNEYS REPORT A, Review of~ CDD Liability, Cas~ Mr. Bryant reported on some recent Tampa CDD cases which resulted in larse jury verdic~ as i~ relates ~o the level of'insurance coverage tha~ the LC'CD carries, and the legal isst~s involved. Mr. Bryant brietly di~ the lawsuit a~nst Jerry F.m.~ 'and the CDD and the fact that he has filed a Motion to Dismiss wi.ich will be heard on the 30tk Some discussion was had about possible problem areas such as overgrown plantings and in~f~ient or faded striping that could possibly be a ~ issue. Mr. Bryant suggested some possible insurance options such as an umbrella policy up to ten milliou dollars which would increase the coverage thc District carries at the present time. On a MOTION by Mr. Drum and a second by Mr. ]Fisher, the Board authorized Mr. Dortill and Mr. -Bryant to e:~plore additional coverage with the underwriters up to ten miliion dottar~ and passed unanimously. Mr. Bryant will also be researching a second documeatt submitted for thc District's signature by FiSh-Third Bank regarding liability, and will r~port his f'mdlngs to the Board. SUPERVISORS Mr. Bryant advised the Board that he had beea ia ~fion with Mr. De Lange and his attoraey .garding the issues surrounding Lake 17, and the possiblity of sending the attorney a letter advising him of the potential of a lawsuit if this is not resolved. Further, Mr. Bryant is in the process of reviewing all the previous activity surrounding Lake 17, including all correspondence and legal documents. Atter some discussion of the various options available to the Board, a MOTION was made by Mr. Fisher and seconded by Mr. Drum to authoriz~ Mr. Bryant to file the lawsuit, and passed unanimously. Mr. ~ &~s~ ~h ~e ~ ~e ~hgafiom ff~e Hom~ ~soaafion ~ ~ re~ to the ~ ~d wh~ ~ Mve ~w~ ~ ~. ~. ~H ~H ~ wkh ~. ~ L~ge once he r~ regar~g t&ing ov~ the obh~fio~ of ~e ~ Hom~ ~6~ ~d FROM : A,A,F,REPORTING PHONE NO. : 94126280?? Jun. 13 2883 09:11~q P5 Minutes- lei), Community Development May 21, 2003 Page 4 perhaps coordinating with the Stocks on some of these issues. Discttssion was had regarding the Lely Horses and the work being done to replace the up-foumaJm and the agreement with the artist to maintain the horse~ in their original condition. An attempt will be made ~o locate the original contract and review ks conditions. The landscaping around the horses and the condi_ii_on of the mounding area will also be checked into. Mr. Don'ill will also expedite the signage ar<mhd the lakes that was requested by the Board at the April meeting. PUBLIC COMMENT Mr. Bob Myer suggested that Sheriff Don Hunter he lay/ted to the security meeting when it is held. In response to a question by a member of the public, Mr. Bryant explained that the Distrkn does not ha~e aa contract with Lely to provide the Lake to the District. In reslxmse to a que.~ion by a member of the Public r~arding filing a suit against the former counsel for the District, Mr. Bryant indicated that he is still in the process of reviewing tape~ and minutes, and would report to the Board orw,,e his investigation is complete. MISCELLANEOUS CORRESPONDENCE No correspondence was commented on. ADJOURNMENT With no fianaher business to conduct, a motion was made and seconded and the meeting was adjourned at 3:10 p.m. 'LY COMMUNITY DEVELOPME Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community. Development Held on June 18. 2003 16il A regular meeting of the Supervisors of Lely Community Development was held on Wednesday, June 18, 2003, at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Also Present: Wayne McLellan, District Chairman Ronald Moore, District Vice Chairman (By speakerphone) Ken Drum, District Supervisor Charles K. rout, District Supervisor Robert Fisher, District Supervisor W. Neil Dorrill, Don-ill Management Group, Manager Jerry Ellis, Site Supervisor David Bryant, Esq., District Attorney INVOCATION AND PLEDGE OF ALLEGIANCE Invocation led by Neil Dorrill of Dorrill Management Group. was recited in unison. The Pledge of Allegiance ROLL CALL/APPROVAL OF AGENDA The entire Board was present for today's meeting. Mr. Don-ill and Mr. Bryant added as item 4a under Manager's Report a special meeting in July to discuss legal strategy at it relates to Lake 17. Mr. McLellan added as 6A a discussion of Comcast, Patrol Support for Mr. Stock as 6B, the Minutes of the February Meeting as 6C, and the Employee Leave Policy as 6D. On a MOTION by Mr. Krout and a second by Mr. Drum, the Agenda as amended was passed unanimously. APPROVAL OF THE MINUTES OF MAY 21, 2003 MEETING A MOTION was made by Mr. Krout and seconded by Mr. Drum to approve the Mav minutes as submitted, and passed unanimously I '~LY COMMUNITY DEVELOPMEN~' Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community. Development Held on June 18. 2003 1611 Minutes - Lely Community Development ,June 18, 2003 Page 2 MANAGER'S REPORT A. July 2 Special Meeting Mr. Dorrill advised the Board that the special meeting would be advertised as an executive meeting for the purpose of a conference with the Board's attorney. Mr. Bryant advised the Board that the area for "out of Sunshine" meetings is very limited, but that it would be in the best interest of the people within the CDD to go forward with the special e,kec, ufive meetinz. 1Mr. Bryant suggested that the meeting be held on the2,~ July after th~' appropriate advertisement. / On a MOTION by Mr. Drum and a second by Mr. Moore, it was unanimously approved to have a special meeting on that date. ATTORNEYS REPORT A. Discussion of Supervisor Vacancies A discussion was had regarding the two certificates of office of Mr. McLellan and Mr. Fisher. Mr. Bryant explained that incorrect certificates had been submitted by the Secretary of State, and there will be three seats open at the time of election this year, those of Mr. McLellan, Mr. Fisher and Mr. Krout. As of this date the corrected certificates showing that Nh-. McLellan and Nh-. Fisher w-ere sitting on the Bo2r~ properly had not yet been received, but will be received within the next few days. Further discussion was had regarding the available vacancies and how- they had come about in the preceding years. Nh-. Bryant advised the Board that the qualifying period begins 45 days before the next election, and the new Budget will include funds for a special election to be held in November to fill those seats. SUPERVISORS REQUESTS A. Discussion of Comcast Mr. Don-ill reported that in a recent meeting with Mr. Stock he did advise Mr. Stock that the District was pursuing a bulk sale agreement with Comcast. Mr. Dorrill suggested that perhaps a meeting should be had with the general manager [ "-'/Y COMMUNITY DEVELOPMEN~ Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community. Development Held on June 18. 2003 1611 Minutes - Lely Community Development dune 18, 2003 Page 3 of Comcast to encourage them to bring a proposal to the Board for negotiation by the Master Association. 1Mr. Dorrill will keep the Board posted as to the receipt of any contact from Comcast. B. Patrol Support Nh-. Dorrill had a follow up meeting with Mr. Stock after last month's discussion in this regard, and was advised that Mr. Stock is working on a written proposal to be submitted to the District for their consideration, and this will hopefully be available to the Board in their agenda package for Au~_~mst to be discussed at the regular meeting for that month. Discussion was had among the members of the Board as to the best, most beneficial arrangement for the District as it relates to an agreement with Nh-. Stock for security as compared to the security that is currently in place. Once a formal proposal has been received from Mr. Stock, Nh-. Don-ill will forward it to the Board for evaluation. C. February, Minutes Follow-up Mr. Dorrill advised the Board that he will prepare a set of minutes from his personal notes taken at the time of the meeting, and have them t-yped and submitted to the Board for approval. Nh-. Bryant indicated that the Attorney General's office indicated that a record must be made and submitted, with a notation that they are being submitted in that form due to an equipment failure. D.Employee Leave Policy Nh-. Dorrill will be bringing this before the Board in September incorporating the modifications and suggestions made by the Board, and the effective date will be October 1 to coincide with the fiscal year. The policy will be reviewed with each employee and si~maed off' on, and will also be made available in Spanish. At this point some discussion was had regarding the problems with the fountain at the Lely Horses and the general upkeep of that area. Discussion was also had regarding the District taking over the care and control of the area and how that could be accomplished. Mr. Don-ill suggested that the District explore some sort ofinterlocal agreement to declare that area a work of the District to maintain Lr Y COMMUNITY DEVELOPMEN"r Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community. Development Held on June 18. 2003 Minutes - Lely Community Development June 18, 2003 Page 4 it properly. Mr. Don-ill will explore that possibility with the Master Association on a reimbursement basis and report his findings to the Board. PUBLIC COMMENT A member of the public asked about discussion on Lake 17, and whether questions should wait until the Board meets in executive session, and was advised that any written questions submitted to Mr. Don-ill could be brought before the Board at that time. Some discussion was had about concerns with bicyclists sharing the roads with motorists. Mr. Don-ill will contact the County and find out what the state codes are regarding bicycle riders. MISCELLANEOUS CORRESPONDENCE None offered. ADJOURNMENT With no further business to conduct, a MOTION to adjourn was made and seconded, and the meeting was adjourned at 2:20 p.m. ~ .~Y COMMUNITY DEVELOPME]~ Naples, Florida Minutes of a Special Meeting of the Su.m~rvisors of Lely Community. Developmen! Held on July 2,200:3 1611 A special meeting of the Supervisors of Lely Community Development was held on Wednesday, July 2, 2003, at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Also Present: Wayne McLellan, District Chairman Ronald Moore, District Vice Chairman Ken Drum, District Supervisor Charles Krout, District Supervisor Robert Fisher, District Supervisor W. Neil Dorrill, Dorrill Management Group, Manager David Bryant, Esq., District Attorney INVOCATION AND PLEDGE OF ALLEGIANCE Invocation led by Neil Don-itl of Dorrill Management Group. The Pledge of Allegiance was recited in unison. ROLL CALL/APPROVAL OF AGENDA The entire Board was present for today's meeting. Mr. Dorrill announced that the purpose of this meeting was to discuss the pending litigation relating to Lake 17. At the request of members of the Board, a discussion of the election of new board members and a discussion regarding the irrigation agreement were added to the agenda. With these additions a MOTION was made and seconded to approve the agenda, and passed unanimougly. MANAGER'S REPORT Mr. Dorrill reported that pursuant to the Sunshine Statute, today's meeting was being held in regular session as opposed to executive session. He reminded the Board that everything that was being said today would be a matter of public record should litigation be entered into. ~ .,Y COMMUNITY DEVELOPME~ Naples, Florida Minutes of a Special Meeting of the Supervisors of Lely Community. Development Held on July 2,2003 1611 Minutes - Lely Community Development July 2, 2003 Page 2 ATTORNEYS REPORT Lake 17 Discussion Mr. Bryant explained more fully to the Board the reason why the meeting was being held in open session and the necessity of being a named party in litigation before executive session can be gone into. Mr. Bryant further explained the concept of the Statute of Limitations as it relates to a malpractice suit, the contemplated litigation and the necessity of addressing this issue now so as to fail within that statute mandated time period. Discussion was had as to the ownership of Lake 17 and the related documents that are signed by individuais representing different entities. Mr. Bryant requested authorization from the Board to have Action Title run a title search to ascertain where ownership lies. A MOTION was made and seconded to authorize Mr. Bryant to initiate the title search, and was approved unanimously. Mr. Bryant indicated that he had done a search of all minutes and records available from 1996 to the present, and a preliminary review of anything related to irrigation, effluence or Lake 17. His investigation is ongoing. Mr. Bryant further indicated that in a discussion with Mr. Volpe, he indicated to Mr. Volpe that he wanted to personaily go through ail his books and records as they relate to Lake 17. Some discussion was had regarding an easement over Lake 17 and a memo written by Wilson, Miller to Hole, Montes after the lake survey was done regarding the differences in the actual survey and the trac* map. Further, the required 20 foot easement surrounding the lake is not completely present on the survey. On a MOTION, second and unanimous approval by the Board, Mr. Bryant was authorized to get a complete and updated legal description of the lake from Hole, Montes before the title search is done. Mr. Bryant discussed the concept of unjust enrichment with the Board as it relates to the pending litigation. The elements of unjust enrichment include a known benefit from the plaintiffto the defendant, the defendant knowingly accepting and retaining the benefit, and circumstances that are unequitable for the defendant to retain the benefit without paying the value thereof to the plaintiff. Mr. Bryant indicated that all these elements are present in this case, and further cited several cases to the Board to illustrate the concept. Compensation is to be measured by the amount by which the improvements enhance the value of the property, and that is the basis for the award of unjust enrichment. k ~Y COMMUNITY DEVELOPME~ Naples, Florida Minutes of a Special Meeting of the Supervisors of Lely Community. Development Held on July 2,2003 1611 Minutes - Lely Community Development duly 2, 2003 Page 3 Discussion was also had regarding the District's damages. Mr. Dorrill, with his knowledge of the history of Lake 17, and Mr. Bryant discussed with the Board some of the arguments that may be raised against the District in defense of a lawsuit. Discussion was had regarding a malpractice suit against Mr. Volpe and his lack of performance as it relates to Lake 17. Mr. Bryant advised the Board that he would be taking the depositions of former Board members who had participated in the decision making at the time the issues with Lake 17 began. A MOTION was made and seconded to authorized Mr. Bryant to move forward with filing the two lawsuits, one for unjust enrichment against Lely Development Corporation and the other against Mr. Votpe for malpractice, and passed unanimously. In response to a question from a member of the Board, Mr. Bryant discussed the concept of lis pendens and how it could relate to the pending lawsuit. He advised the Board that once a lis pendens is filed, a cloud is placed over the title to the property, and the property owner could conceivably sue the Board in return if it was done wrongfully. Mr. Bryant will continue to do legal research regarding the feasibility of filing a lis pendens in an unjust enrichment case. Once the new legal description and title search has been obtained, the Board may take another look at filing a lis pendens action, possibly at the August regularly scheduled meeting At this point Mr. Drum reported that he had spoken to Representative Davis about the elections and the possibility of shifting them to even numbered years. Mr. Davis agreed to do what he could to help the District, and Mr. Bryant indicated that he had also spoken to Mr. Goodlette's office and to Mr. Davis, and was advised that the legislature did not want to open Chapter 190 this year. However, the local legislature is thinking of doing a special act for Collier County, and as the time approaches for the legislative delegation meetings, a special act will be drafted that will apply to Collier County to effect the even numbered year elections. Mr. Bryant will be meeting with Jennifer Edwards next week, and w~l bring a time line back to the Board at the next scheduled meeting. B. Irrigation Agreement Board member Mr. Fisher had a number of questions relating to the Irrigation Agreement, the first being the possibility of demanding an audit of the books of k KY COMMUNITY DEVELOPMElX Naples, Florida Minutes of a Special Meeting of the Supervisors of Lely Community. Development Held on July 2,2003 1611 Minutes - Lely Community Development July 2, 2003 Page 4 the Master Association. As no Master Association public meetings have been held, nor any budgets provided to the District, it was his feeling that the District had a right to request an audit of the books. The Board was asked to give some thought to this request. Secondly, Mr. Fisher asked if the Board would give some thought to serving notice on the Master Association for termination as the required 18 month period draws closer, and then negotiate with Mr. Stock during the ensuing 18 month period for a new contract. This item will be placed on next month's agenda for further discussion by the Board. Some discussion was had regarding the wording of the present contract and who the signatories were. Further, Mr. Fisher indicated that the Board should see the formulas as to how the computations were made, and asked if the District was recouping lining costs and reserving monies for the eventual relining of Lake 17. Discussion was also had regarding a master irrigation system. Mr. Don'ill was asked to pull the file and send all Board members a copy of the signed contract. Mr. Don-ill reminded the Board that the Budget will be reviewed and adopted at the August meeting. SUPERVISORS REQUESTS None had at this meeting. PUBLIC COMMENT None had at this meeting MISCELLANEOUS CORRESPONDENCE None offered. ADJOURNMENT With no fm-ther business to conduct, a MOTION to adjourn was made and seconded, and thc meeting was adjourned at 3:20 p.m. LY COMMUNITY DEVELOPME~ Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community. Development Held on August 13, 2003 A regular meeting of the Supervisors of Lely Community Development was held on Wednesday, August 13, 2003, at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Also Present: Wayne McLellan, District Chairman Ronald Moore, District Vice Chairman (E~yp'l~e~) Ken Drum, District Supervisor Charles Krout, District Supervisor Robert Fisher, District Supervisor W. Neil Dorrill, Dorrill Management Group, Manager Jerry Ellis, Site Supervisor David Bryant, Esq., District Attorney Brian Stock, Blaine Spivey, Stock Development INVOCATION AND PLEDGE OF ALLEGIANCE Invocation led by Neil Dorrill of Dordll Management Group. The Pledge of Allegiance was recited in unison. ROLL CALL/APPROVAL OF AGENDA The entire Board was present for today's meeting. Mr. Dorrill assured the Board that the CDD Maintenance Building would be CO'd shortly and that it was expected that the September meeth~g would be held there. At the request ora member of the Board, Item 6H was added as an update on the maintenance of the Lely Horses, 61 as the striping of the roads, and 6J as the rat problem on Tulip Tree Place. Further, Irrigation and Litigation issues will be discussed under the Attorney's report. With those additions, a MOTION was made and seconded to accept the agenda as submitted, and passed unanimously. APPROVAL OF TIlE MINUTES OF FEBRUARY 19 AND JUNE 19 REGULAR MEETENGS, AND THE JULY 2 SPECIAL MEETING With the correction of some minor English usage errors, ~a MOTIO~ was made . ' by Mr. Moore and seconded by Mr. Drum to approve all minutes ~.~:~U~:~'~cl, and ~' passed unanimously. , ~ , ~. | , ~. '~YCOMMUNITYDEVELOPME? 1 6 ] 1 Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community. Development Held on August 13, 2003 Minutes - Lely Community Development August 13, 2003 Page 2 MANAGER'S REPORT A. Tract 49 (Mustang Island II) Plan Approval Mr. Dorrill asked for the approval of the Board for the preliminary plat for Mustang Island II. The Engineer of Record has reviewed the plats and is also recommending approval subject to the points outlined in his letter. Nh-. Don-ill will speak with the engineer regarding some points of concern raised by the Board, and a MOTION was made by Mr. Fisher and seconded by Mr. Drum for conditional approval of the plat subject to a review to assure compliance with the issues in question, and passed unanimously. B. Seasonal Bedding Plant Bid Award The lowest and most responsible bid for the seasonal bedding plants came from H.M. Buckley and Sons, and it was the recommendation of Mr. Don-ill that this bid be accepted. A MOTION was made and seconded to accept the Buckley bid, and passed unanimously. C. Audit Agreement for FY Ending September 30, 2003 Mr. Dorrill asked for approval to renew at the same fee the audit agreement for next year's audit of the 2003 fiscal year. The estimated cost once again this year is $12,000. A MOTION was made and seconded to renew the audit agreement, and passed unanimously. D. / Security, Proposal, Stock Development Mr. Stock introduced Blaine Spivey and gave a brief history of his security experience and what his proposals are for the District. Mr. Spivey indicated that his background is in law enforcement as a detective, prosecutor, and then in private business as an investigator. Mr. Spivey covered some of the key points in the outline he provided to the Board, including the responsibility of the residents to provide some level of involvement and support to effect the safety level desired, for example, Neighborhood Watch and locking doors and windows when no one is home. An enhanced patrol program in the daytime to provide a better idea of the community, education on the benefits of an alarm system to the residents to make homes less susceptible and a greater awareness of the individuals coming into the community to provide service were some of the topics covered. · LY COMMUNITY DEVELOPME~ Naples, Florida Minutes of the Regular Meeting of the Superviso of Lely Community. Development Held on August 13, 2003 Minutes - Lely Community Development August 13, 2003 Page 3 Additionally, Mr. Spivey indicated that a defibrillator would be carded in their response vehicle for emergency situations. Discussion was had regarding speeding construction trucks cutting through the District, and the possibility of targeting this group of drivers to reduce the possibility of accidents. Additionally, there was some discussion about surveillance cameras being set up at certain entrances and intersections to record vehicle descriptions and license numbers. In response to a question from a member of the Board, Mr. Spivey indicated that his service would replace the service now provided by Wackenhut. The importance of the presence of sworn officers on the District property was discussed, especially in relation to the traffic problems. A member of the Board voiced his concern over the Master Association's lack of performance in the past, and the concerns the Board has over their responsibility to provide proper security for the residents. Diff'erent scenarios were discussed as to how the security would be handled by the Master Association and the associated costs. Once a formal proposal has been submitted to the Board they will discuss the possible options and make a decision regarding security for the District. ~ Jff-ter a short break was taken, Mr. Stock reported to the Board regarding the turnover of the balance of the community and specifically how that relates to the Board's interest in Lake 17. It is his feeling that at turnover, the ownership of Lake 17 will go to the District, and that the Lake issue could be resolved. Additionally, there was a discussion regarding the capital expenditures as it relates to the lining of Lake 17 and what the possible future expenses will be. Mr. Dorrill will have some random core samplings done at Lake 17, and if it is beginning to deteriorate, then the Board will be advised to establish a separate capital reserve to reline the lake bottom. E. Proposed Tentative Budget for FY 2004 Due to the anticipated len~h of this discussion, it was unanimously agreed to place it as the last item on the agenda. ~' ',Y COMMUNITY DEVELOPMEI¥ Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community. Development Held on August 13. 2003 Minutes - Lely Community Development August 13, 2003 Page 4 SUPERVISORS REQUESTS A.Discussion of Former Lely Development Information Center Parcel Mr. Moore discussed the fact that the former information center is now owned by Mystic Green and the golf course and cannot be taken down, as would have been his recommendation. Mr. Dorrill suggested that the property may be an ideal location for a community security building in the future, and perhaps the owner can be approached at some future time to this end. B.Discussion of Lely Classics Irrigation A~eement A member of the Board asked Mr. Ellis about reimbursement when the Classics call and ask for water for the golf courses. Mr. Ellis indicated that no one is calling fi.om the Classics for water, that they now have their own line and provide their own water, and no longer pay for well water from the District. The electricity the Classics uses for pumping is drawn from the District pumping station, and the District is reimbursed for their use. Mr. McLellan asked Mr. Dorrill if he would provide a copy of the letter that went out to the homeowners associations within the District regarding the procedure for obtaining a lake fountain. It was reiterated by the Board that the associations must pay for the installation and the fountain, while the District will pay for the installation of the electricity. Mr. Dorrill indicated that if necessary, he will re-send the letter to all involved parties to see if there is any interest in lake fountains. D.Roadside Li~mht Fixtures A discussion was held regarding the condition of the blue roadside fixtures and the need for the replacement and/or refinishing of certain fixtures. Mr. Dorrill indicated that discussion of a budget line item for this use has not taken place, and he will meet with Mr. Ellis and discuss the possible hiring of a professional to effect the necessary repairs. E. Palm Trees Mr. McLellan asked about the recently planted palms along Lely Resort ,- 1611 Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community. Develoomem; Held on August 13, 2003 Minutes - Lely Master Association August 13, 2003 Page 5 Boulevard and was advised by Mr. Ellis that they are Queen Palms that will soon grow to the height of the other Queens planted along that road. F.Cherry. Picker Mr. Ellis advised the Board that the purchase of the used cherry picker that is needed to trim the taller trees has been deferred due to budget restraints. The cherry picker will be leased as needed. G.Irrigation Procedures The question regarding irrigation procedures was discussed earlier, and Mr. Bryant will answer any further questions regarding this under his report. H. Update on Horses A member of the Board asked about the still-nonfunctioning fountain around the Lely Horses, and was advised by Mr. Ellis that the pumps and motors had just been received and installed, and the fountains should be operating properly in the very near future. Mr. Dorrill recommended to the Board that once Mr. Stock has closed with Lely Development sometime in October, that the District step in and see if the responsibility to own and maintain the horses can be acquired, as well as ownership of the water management and preserve areas to assure their proper care and control. While this issue is ongoing, Mr. Dorrill advised the Board that he met with the County after receiving a letter from them indicating that Lely Development Corporation is in the final stages of brining the community in compliance with the subdivision regulations, and the County's acceptance of those facilities. The County indicated that the Transportation Division had expressed concern over the thickness of certain roads within the District, and that the CDD may be responsible to bring them into compliance. Mr. Bryant was advised of the potential problem, and Mr. Dorrill has advised the County that the District will not be held responsible for lapses in performance by the LDC, and that possible litigation could result. Mr. Dorriil will provide a copy of the letter to the members of the Board, and Mr. Bryant will write a follow up letter to the County regarding the District's position. Mr. Dorrill will keep the Board advised. IMIV, Y COMMUNITY DEVELOPME1~' Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community. Development Held on August 13, 2003 16il Minutes - Lely Community Development August 13, 2003 Page 6 ATTORNEYS REPORT Mr. Bryant reported to the Board that a drawing and complete legal description of Lake 17 has been obtained and provided to Action Title Services, who completed the title search. Lake 17 is owned by Commercial Property Southwest, Inc., successor by merger from EaSe Consolidated, Inc. and Associated Real Estate Southwest, Inc., successor by merger from Flamingo Investments Southwest, Inc. Commercial Property Southwest, Inc. and Associated Real Estate Southwest Inc. are Florida corporations, and those are the entities that Mr. Bryant has filed the unjust enrichment lawsuit against. Mr. Bryant also has completed the complaint against the Board's former counsel, and is prepared to file this suit immediately so as to fall within the Statute of Limitations for professional malpractice. If the ownership of the lake is turned over to the District as Mr. Stock has indicated will happen, the District will be made whole and will have obtained what they have wanted. After a discussion among the Board regarding damages and other related issues, a MOTION was made and seconded to authorize Mr. Bryant to go forward with the immediate filing of the two lawsuits, and passed unanimously. Mr. Bryant advised the Board that he felt the irrigation issue was a very sensitive one to Mr. Stock, and a critical one relating to their ability to water the Classics. After further discussion regarding the irrigation issue, a MOTION was made and seconded to terminate the irrigation agreement, and passed four to one with Mr. McLellan dissenting. Mr. Fisher asked that the MOTION be amended to include sending a letter to Mr. Stock advising him that the Board would be willing to negotiate a new agreement. The MOTION ~"-a{nended to include Mr. Fisher's suggestion and passed four to one, with Mr////vldLell~n dissenting. Mr. Bryant will send the letterflo/LDD's}counsel, and copy Mr. Stock. BUDGET DISCUSSIONS - FY 2004 Mr. Dorrill passed out the three proposed budgets to the Board for their discussion and review, including the General Fund, 401, the Debt Service Budget which is 203, and the C Bond Budget, 204. The operating assessment in the General Fund has increased to $458 per unit. The unit count is based on 3701, the actual number of units will be determined as the end of the buildout period approaches. The debt service side is at $1,163 or $563 depending on ' LY COMMUNITY DEVELOPME? Naples, Florida Minutes of the Regular Meeting of the Supervisolm of Lely Community. Development Held on August 13, 2003 1611 Minutes - Lely Community Development August 13, 2003 Page 8 does imend to close on the development next month, and what the Board intends to attempt by way of acquiring those areas. At this point Mr. Bryant indicated to the Board that Jennifer Edwards has agr~d to do the District election for $1,300. ADJOURNMENT With no further business to conduct, a MOTION to adjourn was made and seconded, and the meeting was adjourned at 4:00 p.m. LELY COMMUNITY DEVELOPMENT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Communi ,ty Development Held on September 17, 2003 1611 A regular meeting of the Supervisors of Lely Community Development was held on Wednesday, September 17, 2003, at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Wayne McLellan, District Chairman Ronald Moore, District Vice Chairman Ken Drum, District Supervisor Charles Krout, District Supervisor Robert Fisher, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager Jerry Ellis, Site Supervisor David Bryant, Esq., District Attorney Mr. Phillips, CPA INVOCATION AND PLEDGE OF ALLEGIANCE Invocation led by Neil Don-ill of Don-ill Management Group. The Pledge of Allegiance was recited in unison. ROLL CALL/APPROVAL OF AGENDA The entire Board was present for today's meeting. Mr. Dorrill added as item 4B under the Manager's Report a discussion on accounting, and 4C, a discussion of a new school to be located within the LCCD by members of the School Board. A member of the Board requested that a follow-up discussion on T,-,ci 29 be addcd as 6A, a discussion on the chemical building as 6B, the refinancing of bonds as 6C, and the no through truck designation as 6D. Mr. Drum requested that an update on the security meeting be added as 6E, and discussion on the lot purchased by the CDD for $360,000 as 6F. A MOTION was made by Mr. McLellan and seconded by Mr. Fisher to approve the agenda as amended, and passed unanimously. APPROVAL OF THE MINUTES OF AUGUST 13, 2003 REGULAR MEETING With the correction of LDD to LDC on Page 6, last line of Attorney's Report, the striking of the words "final budget" on Page 7, last sentence of the Budget Discussions, and a clearer breakdown of discussions under Item D in the Manager's Report, a MOTION was made by Mr. Fisher and seconded bjgil~v, qgl~e to approve the minutes as amended, and passed unanimously. [l_~0_z~__- LEt~Y COMMUNITY DEVELOPMENT 16 Il Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community, Development Held on September 17~ 2003 Minutes - Lely Community Development September 17, 2003 Page 2 MANAGER'S REPORT A. Discussion/Review of Lake 17 Deed Mr. Dorrill advised the Board that Mr. De Lange's wife handed him the original deed from Lely Development Corporation as he walked into the meeting today. Mr. Bryant advised the Board that the corrected legal description was not attached to the deed, but it appears to be correct otherwise. Assuming the corrected legal description is attached as agreed to by the LDC, the handover of Lake 17 to the District will be complete. Al. Discussion of Lot adjacent to Lake 17 As this was the appropriate time for a discussion to be had on this item, Mr. Dorrill gave the Board a brief history of the purchase of the lot and its uses within the District. Mr. Drum asked that the District get another appraisal to include the lake and the maintenance parcel, as he has questions about the $360,000 paid for that piece of property. Mr. Dorrill and Mr. Bryant will research the files to determine the process used to buy this piece of property. B. Future Accounting Rule Changes Mr. David Phillips of Wentzel, Berry, Wentzel and Phillips introduced himself and spoke to the Board about the mandated Yellow Book audit, and the need for this District to be in compliance with State laws and regulations. In 2004 a new requirement will go into effect, referred to as the Government Auditing Standards Nmnber 34. Mr. Phillips explained that when this Number 34 Standard is accepted, the District will have to start depreciating its assets, with the exception of infrastructure type assets where there are some alternatives. This change in accounting procedures will require some expertise to determine correct breakdowns. Mr. Phillips assured the Board that his firm will work with the District to assist them with timely compliance. Mr. Don'ill and Mr. Bryant will be meeting with the County on September 18 and will ask the County to identify and certify to the District which public facilities have been accepted by the County and which remain to be accepted. LELY COMMUNITY DEVELOPMENT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on September 17, 2003 Minutes - Lely Community Development September 17, 2003 Page 3 C. New Elementary School Mr. Art Dobberstein, a planner with Collier County Schools, addressed the Board About the 20 year plan the School District has to acquire new school sites. As there is a need for a new elementary school in the area, Stock Development has been approached for the purchase of 28 acres just south of Lely High School. Steven Pasato of Agnoli, Barber and Brundage addressed the Board regarding the planning and zoning of the new school, and assured the Board that there would be no access through Lely, either pedestrian or motor vehicle, to the new school. Neil Gregory of Roetzel and Andress advised the Board that the School District is currently in negotiations for land with Stock Development, and again assured the Board that no access was needed through Lely Development District. He further advised the Board that the School District would like to explore the idea of reducing assessments through some method, as the new school would only be using items such as irrigation and overflow discharges. Mr. Gregory asked the Board to give authority to Mr. Don'ill and Mr. Bryant to work with the School District in an attempt to come to an agreement on a fair and equitable assessment or exclusion for the District. Mr. Dorfill suggested that the Board authorize he and Mr. Bryant to research the law of Florida about assigning benefits, and then to await an actual request for a petition from either Mr. Stock or the School Board. A MOTION was made by Mr. Fisher and seconded by Mr. Dram to authorize Mr. Dorrill and Mr. Bryant to do the research, and passed unanimously. D. Update on Saratoga proposal Mr. Ellis reported to the Board on a request from Saratoga for electricity for a streetlight which has been installed and is now functioning. ATTORNEYS REPORT Mr. Bryant reported that he met with John Holsworth at the County to try to determine which roads had been accepted for maintenance purposes by the County,. Mr. Holsworth prepared a list of accepted roads, with only seven sections having not been accepted. He will also provide the construction maintenance agreements to Mr. Bryant as soon as possible. Of the two agreements already provided, the LELY COMMUNITY DEVELOPMENT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on September 17, 2003 1611 Minutes - Lely Community Development September 17, 2003 Page 4 One relating to Falcons Glen Villas, Phase Two, found the District to be responsible For certain constructions and for providing a maintenance reserve for the first year. A 1994 agreement set out these responsibilities, and there may be escrowed funds to cover the first year costs. Mr. Bryant will copy the members of the Board on all agreements. Further investigation is needed to determine ownership, responsibility and available funds, and Mr. Bryant will keep the Board updated and advised. Mr. Drum suggested that an assessment of all the roads that the County has taken control of be done, and that the County Commission be approached as to their condition before further action is taken on this issue. Mr. Bryant will be meeting with Commissioner Fiala on the 18th of September and will be discussing this issue with her as well as the No Through Truck issue discussed at the August regular meeting. Mr. Dorrill indicated that as the LDC will soon cease to exist, the District needs to be on record expressing its concern as to the road issues and the payments it has already made, and the accountability of previous management, counsel and Commissioners for any mistakes that have been made in the past. Mr. Drum's suggestion regarding the assessment of County controlled roads was made as a MOTION, seconded by Mr. Fisher and passed unanimously. SUPERVISORS REQUESTS A.Followup on Tract 29 Mr. Ellis reported that the District engineer was asked to take another look at the conditions to make sure they were satisfied per the conditional approval. Mr. Dorrill reported on a memo he had received from Terry Cole indicating that all requirements that are important to the District have been met. B.Chemical Buildin~ Mr. Don'ill advised the Board that the adopted budget to be distributed next month will include an expenditure for the Chemical Building of $50,000 with a payment schedule over a three year period. C.Bond Refinance Mr. Dorrill indicated that after looking into the possibility of a refinance, that there is no mechanism to allow the District to~void and refund the issues that were done in 1999. 1 LEL~ COMMUNITY DEVELOPMENT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on September 17, 2003 1611 Minutes - Lely Master Association September 17, 2003 Page 5 D.No Through Trucks Resolution As Mr. Bryant had indicated, this item will be discussed with Commissioner Fiala at the September 18 meeting, and if she cannot sponsor this item, then the District will do it by public petition. D 1. Roadside Light Fixture Update Mr. Dram asked for an update regarding the blue roadside fixtures and if the new maintenance building contained a workshop where this type of refurbishing could be done in-house. Mr. Dorrill indicated that he has not yet moved forward on this item, but as part of the subdivision inspection process the County has asked that certain signs be removed due to nonuniformity in height, and this item will be addressed with those County requests in mind. It was his feeling that with the amount of regulation required by the County on these sorts of items, that the bulk of them should be done by an outside contractor. Mr. Drum advised the Board that he felt certain upkeep items were the responsibility of the District, which would give the advantage of phasing the maintenance items as well as keeping up the appearance of the District. D2.Meeting with Stock regarding District Acquisitions Mr. Dorrill indicated that at the meeting with Mr. Stock, he went on record that the Board wanted easements for District built wellheads and their permits put in the name of the District, as well as a consideration that the Lely Horses themselves, or the maintenance responsibility for them and the community preserves be given to the District in perpetuity. Mr. Dorrill will be working with Mr. Stock on these items of importance to the Board. E. Security Update During the previously mentioned meeting with Mr. Stock, he indicated that they would not be prepared to implement any security before January, and Mr. Dorrill indicated to him that the District Budget has been approved and security was in place, and if they chose to go beyond that, the Board would need a proposal in writing to evaluate. LELY COMMUNITY DEVELOPMENT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on September 17~ 2003 1611 Minutes - Lely Master Association September 17, 2003 Page 6 PUBLIC COMMENT A member of the public asked about tree trimming and was advised by Mr. Dorrill that the employees of the District only trim trees up to a certain height, and that all others are handled by outside companies. In response to a question by a member of the public regarding the sign off of US 41 not having Mustang Village printed on it, Mr. Don'ill indicated that he would call the community property manager and ask her to consider putting it on. A request was made for a light to be installed at the comer of Crown Eagle and Wildflower to light the wooden sign which lists the Communities on that road. In response to a request for a stop sign for the traffic coming out of Master's Reserve, Mr. Dorrill advised the community member to contact Mr. Tipton in the Traffic Operations Department at the County to schedule a warrants study to analyze the traffic flow. MISCELLANEOUS CORRESPONDENCE None offered. ADJOURNMENT Mr. Dorrill advised the Board that he may not be available on the third Wednesday of October, and once his plans are finalized, he will advise the Board so a determination can be made as to the scheduling of the October Board meeting. With no further business to conduct, a MOTION to adjourn was made by Mr. Moore and seconded by Mr. Drum, and the meeting was adjourned at 3:20 p.m. LELY COMMUNITY DEVELOPMENT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on October 22~ 2003 16ll A regular meeting of the Supervisors of Lely Community Development was held on Wednesday, October 22, 2003, at 1:30 p.m. at the new Lely Maintenance Building. Supervisors Present: Wayne McLellan, District Chairman Ronald Moore, District Vice Chairman Ken Drmn, District Supervisor Robert Fisher, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager Jerry Ellis, Site Supervisor David Bryant, Esq., District Attorney INVOCATION AND PLEDGE OF ALLEGIANCE Invocation led by Nell Dorrill of Dorrill Management Group. The Pledge of Allegiance was recited in unison. ROLL CALL/APPROVAL OF AGENDA The entire Board was prescnt to~ today's meeting at the new maintenance building. Bob Fisher added item 6F, a discussion of storm water in Falcons Glen. Ken Drum asked that a discussion on the status of the roads be added under the Attorney's Report, Ron Moore asked that a discussion on the street signs in the Veranda be added as 6G, and Wayne McLellan asked that item 6E be deleted and a followup on the irrigation agreement be added in its place. On a MOTION by Bob Fisher and a second by Ron Moore, the agenda with additions was passed unanimously. APPROVAL OF THE MINUTES OF SEPTEMBER 17, 2003 REGULAR MEETING With the correction of the word "avoid" to the word 'void" on page 4 under Bond Refinance, and a request that the Board members be named when making motions, a MOTION was made by Ron Moore and seconded by Bob Fisher to ~a~,q~h~. LELY COMMUNITY DEVELOPMEN~INaples, Florida Minutes of the Regular Meeting of the Supervisors of Lely CommuniW Development Held on October 22, 2003 Minutes - Lely Community Development September 17, 2003 Page 2 minutes as amended, and passed unanimously. MANAGER'S REPORT A. FY 2004 Adopted Budget Memo Mr. Dorrill provided the Board members with copies of the adopted budget, and will provide copies to any homeowner associations that are interested in it. B. Maintenance Land Purchase Appraisal A copy of the original appraisal that was done for the subject property was found, and has been included in the Board's packet today. Ken Drum suggested that the land in question be appraised separately, and Mr. Dorrill indicated that in conjunction with the audit appraisals will be done. After a discussion regarding the legitimacy of the 1993 appraisal, a MOTION was made by Ken Drum that a qualified appraiser do an appraisal of the land and the improvements, with an attempt to get the appraisal backed up to 1993 values, seconded by Bob Fisher, and passed unanimously. C. Chemical Bid Award As the bid opening was the day before the Board meeting, Mr. Dorrill asked that this item be continued and that he be allowed to continue with Perkins for four additional weeks until the received bids can be evaluated. ATTORNEYS REPORT A. Lake 17 Deed Mr. Bryant reported to the Board that he had received the original recorded deed with the correct legal description for Lake 17 from the Clerk's office, and it will be included in the permanent records of the Board. Further, Mr. Bryant indicated that he and Mr. Dorrill will be meeting with Mr. Stock the following week to settle the remaining water issues. B. Volpe Litigation Mr. Bryant advised the Board that he had received a 25 page Motion to Dismiss from Mr. Volpe's counsel, and after analyzing it, he will make copies and his thoughts available to the members of the Board for further discussion and decision. LELY COMMUNITY DEVELOPMEWI' Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on October 22, 2003 Minutes - Lely Community Development October 22, 2003 Page 3 C.Fax from Neil Gregory re: School Board Benefit Mr. Bryant recently received a 39 page Fax from Mr. Gregory regarding the School Board's position on receiving benefits from the Lely Board as it relates to the new school site. Once Mr. Bryant has had the opportunity to review it he will report his findings to the Board. D. Road Discussion Ken Drum reported to the Board that there is an ongoing problem with the remover of the streets to the County. Many District roads need resurfacing, and the County Manager has indicated that he believes it is the CDD's responsibility. As this would require an additional assessment to the residents, Mr. Drum feels the District should vigorously fight the County on this issue. Mr. Bryant indicated that Commissioner Fiala was going to send a memo to the County regarding the roads, but no response has been received. The Board authorized Mr. Bryant to contact the County Attorney regarding the County's position, and he will keep the Board advised as this issue develops. SUPERVISORS REQUESTS A.Personnel Policy Rules and Regulations Mr. Dorrill brought copies of the new rules and regulations to all Board members. B.Comcast Mr. Dorrill has put Comcast in touch with Sandy Holsworth of Stock Development as Comcast prefers to work through the Masters Homeowners Association. Mr. Dorrill will contact Ms. Holsworth for the status on Comcast's service. C.Lake Signs A lake sign has been installed near the Lely Horses advising the public that the area is private and not open to the public for activities. C1 Lely Horses Mr. Dorrill has approached Mr. Stock with the proposal to assume responsibility and 1611 LEt, Y COMMUNITY DEVELOPMENJ Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on October 22~ 2003 Minutes - Lely Master Association October 22, 2003 Page 4 and ownership of the primary assets of the Master Homeowners Association, including the horses and the preserve areas. A second meeting will be had with Mr. Stock on the 30th of October to discuss this issue. D. No Solicitation Policy for LCDD Wayne McLellan reported on a conversation he had with a resident rcgm-ding solicitation. Mr. Dorrill has advised Wackenhut to respond with discretion to complaints about solicitors in the District, as the Community does not accept solicitation as a rule. E. Irrigation Agreement Mr. Dorrill will be discussing this item with Mr. Stock at their meeting next week. The District will explore entering into a voluntary annexation agreement to resolve irrigation and maintenance issues for the entire community. F. Falcons Glen Stormwater Mr. Dorrill reported that an exploration of the lines in Falcons Glen will be done by Hole, Montes to determine the source of the problem with stormwater. Ken Drum suggested that the District engineer be asked to do an assessment of the drainage and the condition of the roads within the District. Mr. Dorrill will ask the engineer for a range of fees for conducting that assessment. G. Veranda Street Sign Both entrances to the Veranda are in need of street signs. A MOTION was made by Ron Moore and seconded by Bob Fisher to have Mr. Ellis get the needed signs installed, and passed unanimously. Mr. Dorrill will introduce members of the Veranda to Sandy Holsworth of Stock Development for further discussion regarding signage. Gl. Local Sign Maintenance Ken Drum pointed out the need for power washing on many of the signs within the District, and Mr. Dorrill will speak to Sandy Holsworth at Stock Development about this need as well. LELY COMMUNITY DEVELOPMENJ Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on October 22, 2003 Minutes - Lely Community Development October 22, 2003 Page 5 PUBLIC COMMENT A member of the public questioned the whereabouts of money that may have been gotten back from the streets in Falcons Glen at turnover, and was advised by a member of the Board that Mr. Ryan had indicated that any money received had been mined over. In response to a member of the public, Mr. Bryant indicated that a correct legal description of Lake 17 has been received. In response to a question from a member of the Public, Mr. Don'ill indicated that the District owns the strip of land surrounding Lake 17 on all sides, a drawing of which is attached to the deed. A member of the public asked when and where the other Lely horses would be installed, and was advised by Mr. Drum that it was his understanding that they would be located near the entrance on 951 and Grand Lely Drive after the widening of 951 is complete. MISCELLANEOUS CORRESPONDENCE None offered. ADJOURNMENT With no further business to conduct, a MOTION to adjourn was made by Bob Fisher and seconded by Ken Drum, and the meeting was adjourned at 3:1 $ p.m. Tuscany Reserve Community Development Dlstric- 10300 N.W. 11th Manor · Coral Springs, Florida 33071 Telephone: (954) 753-0380 * Fax: (954) 755-6701 Date: December 12, 2003 Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson 4001 Tamiami Trail North-#300 Naples, FL 34103 Mr. James Carter Clerk of the Board of Collier County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 From: Stella Loftus for Rhonda K. Archer Re' Minutes of Meeting held on July 10, 2003 Approved on December 11, 2003 Enclosed for your records are the minutes of meeting as referenced above. Please keep them on file for public access. Feel free to contact me at (954) 796-6631 if you have any questions. Thank you. Encl. MINUTES OF MEETING TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT 1611 The regular meeting of the Board of Supervisors of the Tuscany Reserve Community Development District was held on Thursday, July 10, 2003 at 10:05 a.m. at the Double Tree Guest Suites, 12200 Tamiami Trail North, Naples, Florida. Present and constituting a quorum were: Rick Mercer Gary Gasperini David Salko Wendy Beville Barry Sifen Chairman Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary Also present were: Rich Hans Gregory L. Urbancic Richard H. McCormick David Caldwell District Office Attorney Engineer WCI Communities FIRST ORDER OF BUSINESS Roll Call Mr. Hans called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the May 8, 2003 Meeting Mr. Hans stated that each Board member had received a copy of the minutes of the May 8, 2003 meeting and requested any additions, corrections or deletions. There not being any, IOn MOTION by Mr. Salko seconded by Mr. Gasperinil] ]with all in favor the minutes of the May 8, 2003 meeting~] Iwere approved. THIRD ORDER OF BUSINESS Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2004 and Consideration of Developer Funding Agreement Chairman Mercer opened the public hearing. July 10, 2003 1 ~ [ 1 ~'! Tuscany Reserve C.D.D. A Supervisor asked under what authority or action have we been currently funding things out of the budget prior to its adoption? Mr. Hans responded we have a Developer Funding Agreement between the District and the developer to fund the expenses of the District. Mr. Mercer asked is the agreement re-addressed each year? Mr. Hans responded yes. If the District is not fully on next year's tax roll, the developer will fund any shortfalls. Mr. Gasperini asked page one of the budget indicates projected revenue of $23,533 over the next five months and a total projection of $64,223 through September 30, 2003. Shouldn't the reference to 2003 be 2004? Mr. Hans responded September 30, 2003 is the end of Fiscal Year 2004, and we are projecting out until the end of the fiscal year. Mr. Mercer asked what happens with the difference between what is projected and what the actual cost is at the end of the budget year? Mr. Caldwell responded because this is a developer-funded budget in its entirety, it is merely a reduction in the cost, and the company has to pay for these services. If this was an item on the tax roll and the District collected approximately $90,000 but only spent $60,000, there would be a rollover of $20,000 in the final year's budget. Mr. Hans stated it would be the Board's decision as to how to handle that rollover. It may be kept as a reserve for operating expenses. Mr. Mercer asked where did the budget of $90,325 come from? Mr. Caldwell responded we reviewed what the District did for 2003 and brought it forward. This is why there are very few differences. Mr. Mercer asked is there an increase in attorney and engineer fees? Mr. Hans responded it is the same amount. Mr. Mercer stated the actual came in less. Mr. Hans stated typically in the start up, these fees are higher because of the bond issues, etc., which requires more work. We set the budget in anticipation of the bond issue. lion MOTION by Mr. Mercer seconded by Ms. Beville witl~[ all in favor Resolution 2003-8 adopting the final budget]] ][for Fiscal Year 2004 was adopted. /I July 10, 2003 Tuscany Reserve C.D.D. On MOTION by Mr. Mercer seconded by Mr. Gasperin~ [[with all in favor the Developer Funding Agreement [[between the District and WCI Communities wasi [[approved. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. B. Engineer There not being any, the next item followed. C. Manager Mr. Hans stated the next meeting is scheduled for August 14, but I have a scheduling conflict. Is an August meeting necessary or can we reschedule? Mr. Caldwell responded I am not aware of any business issues that will be ready to come before the Board. I do not have a particular reason to hold that meeting. Mr. Hans stated I have nothing for the agenda. We will cancel the August meeting and meet in September. ~ ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Caldwell distributed a Q&A handout, which is attached hereto and made part of the public record and stated the developer provides this handout to the sales associates to offer them an understanding of what the District will do for the Tuscany Reserve Community. The Board may find this useful. A Supervisor asked is it important to note that the C.D.D. will dedicate water and sewer facilities to Collier County for the platted lots but not for the multi-family units in the Village Center? Mr. Caldwell responded there are many things that we do not say because as you get into a progressive level of detail, it almost becomes too confusing. We try to keep it as simple as possible. Most people who come to our office do not have any familiarity with a District. We try to keep it simple. Mr. Gasperini stated the bullet referencing offsite improvements to Livingston Road is for both the north/south and the east/west. The name is supposed to be changed to Veteran's Memorial Parkway, but I do not think it is approved yet. 3 July 10, 2003 1611 ~'~ T~lscany Reserve C.D.D. Ms. Beville asked is this going to be in the literature? Mr. Caldwell responded I will be meeting with the sales associates tomorrow to review the details. Mr. Gasperini asked when you say offsite improvements to Livingston Road, are you talking about landscaping or about the physical road maintenance? Mr. Caldwell responded it may be just landscaping. Mr. Mercer stated the east/west road, its turn lanes, utility connections and extensions fall under that line item. Mr. Salko asked are you building the extension road from Livingston Road to the entrance to the property? Mr. Caldwell responded yes. Mr. Gasperini asked will the perimeter landscaping buffering be maintained by the District? Mr. Caldwell responded this is a separate agreement between the Property Owner's Association and the District. Mr. Mercer stated they are responsible for it; however, it is assigned by a separate agreement. Mr. Caldwell stated the Community Association is under an agreement with the District to provide for the maintenance of its facilities. Mr. Gasperini stated the reference to the District maintaining (versus managing) certain elements listed on page one under Section A is confusing. Maintaining means that they are doing the physical work. Mr. Caldwell stated you understand more than the average person about ~vhat is going on. The difficulty is the District will own certain facilities and under its charter will be obligated to operate and maintain them. The distinction is how to go about maintaining that whether it is through its own crews or a contract with a vendor. Perhaps I can add an asterisk and state maintenance may include contracted services in order to make such a distinction. However, this may create confusion. Ms. Beville asked what about the word maximum? Caldwell responded in some years it may be lower. Beville asked in some years, can it be higher? Caldwell responded no because it is capped. If you tell residents that maximum amount they have to pay and we have the flexibility of the and beyond that, we will absorb ourselves into our own operational Mr. Ms. Mr. this is the cost above budgets. 4 July 10, 2003 SIXTH ORDER OF BUSINESS Approval of Request No. 10 Tuscaj~y ~es~rv,~ C~).~ £0 I.l. Invoices and Funding liOn MOTION by Mr. Salko seconded by Ms. Beville withll ]all in favor Funding Request No. 10 in the amount ]59,564.71 was approved. There being nothing further, liOn MOTION by Mr. Gasperini seconded by Mr. Salko [with all in favor the meeting was adjourned at 10:20 [a.m. Davi Salko Assistant Secretary ~ Gary ~speri/i'i Vice Chairman 5 Thursday July 10, 2003 10:00 a.m. 1. 2. 3. AGENDA TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT Double Tree Guest Suites 12200 Tamiami Trail North Naples, Florida Roll Call Approval of the Minutes of the May 8, 2003 Meeting Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2004 and Consideration of Developer Funding Agreement Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Approval of Invoices and Funding Request No. 10 Adjournment Naples Daily News NapLes, FL 34102 Affidavit of Publication NapLes Daily News TUSCANY RESERVE COMMUNITY DEV. DISTR - R. ARCHER 10300 NW 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 060076 586?5903 NOTICE OF flEETINGSTU State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper pubLishad at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firs or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED OM: 06/19 06/26 AO SPACE: 108.000 INCH FILED ON: 06/26/03 SignatureofAffiant ,/Z~. ~ ~ ~ ..... Sworn to and Subscribed bef~e_~- thi~/~ day of~~ 1611 RESOLUTION 2003-8 A RESOLUTION ADOPTING THE FINAL BUDGET OF THE TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2004 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed General Fund Budget for fiscal year 2004; and WHEREAS, a public hearing has been held on this l0th day of July, 2003, at which members of the general public were accorded the opportunity to speak prior to the adoption of the final budget; NOW, THEREFORE, RE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TUSCANY RF~VE COMMUNITY DEVELOPMENT DISTRICT; 1. The General Fund Budget heretofore submitted to and approved by the Board is hereby adopted as the final General Fund Budget of the District for fiscal year 2004. 2. A verified copy of said final General Fund Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings". Adopted this 10th day of July, 2003. l~cl~ Mercer Chairman Assistant Secretary Tuscany Reserve Community Development District Adopted Budget FY 2004 July 10,2003 Tuscany Reserve Community Development District Proposed Budget General Fund Fiscal Year 2004 1611 Description Adopted Actual FY2003 thru Budget 4/30/03 Projected Total Proposed Next 5 Projected FY2004 Months thru 9/30/03 Budget Revenues Developer Contributions $89,625 $40,690 $23,533 $64,223 $90,325 [Total Revenues $89,625 $40,690 $23,533 $64,223 $90,325 Expenditures Administrative Engineering $12,000 $2,008 $1,435 $3,443 $12,000 Attorney $20,000 $1,749 $1,249 $2,998 $20,000 Annual Audit $3,500 $0 $0 $0 $3,500 Management Fees $40,000 $23,333 $16,667 $40,000 $40,000 Computer Time $500 $292 $208 $500 $500 Telephone $300 $42 $30 $72 $250 Postage $1,000 $579 $414 $993 $1,000 Rentals & Leases $2,400 $1,400 $1,000 $2,400 $2,400 Insurance $5,000 $5,000 $0 $5,000 $5,000 Printing & Binding $1,000 $1,552 $1,108 $2,660 $1,750 Legal Advertising $2,000 $1,380 $985 $2,365 $2,000 Other Current Charges $1,000 $502 $359 $861 $1,000 Office Supplies $500 $78 $78 $156 $500 Dues, Licenses & Subscriptions $175 $175 $0 $175 $175 Capital Outlay $250 $0 $0 $0 $250 I Administrative Expenses $89,625 $38,090 $23,533 $61,623 $90,325 INet Income $0 $2,600 $0 $2,600 $0 Page 1 Tuscany Reserve Community Development District GENERAL FUND BUDGET 1611 REVENUES: Developer Contributions It is presently anticipated that the District will enter into a Funding Developer to Fund all General Operating Expenditures for the Fiscal Year. Agreement with the EXPENDITURES: Administrative: Engineering Fees The District's engineer will be providing general engineering services to the Dislxict, i.e. attendance and preparation for monthly board meetings, review invoices, etc. Attorney The District's legal counsel will be providing general legal services to the District, i.e. attendance and preparation for monthly meetings, review operating & maintenance contracts, etc. Annual Audit The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Firm. Management Fees The District receives. Management, Accounting and Administrative services as part of a Management Agreement with Sevem Trent Environmental Services, Inc. These services are further outlined in Exhibit "A" of the Management Agreement. Computer Time The District processes all of its financial activities, i.e. accounts payable, fmancial statements, etc. on a main frame computer owned by Severn Trent Environmental Services, Inc. Telephone Telephone and fax machine Postage Mailing of agenda packages, overnight deliveries, correspondence, etc. Page 2 Tuscany Reserve Community Development District Rental & Leases The District will be charged $200 per month for office rent from Severn Trent Environmental Services, Inc. for the District's administrative office located in Coral Springs. Insurance The District's General Liability & Public Officials Liability Insurance policy is with The Florida League of Cities, Inc. The Florida League of Cities, Inc. specializes in providing insurance coverage to governmental agencies. The amount is based upon similar Community Development Districts. Printing & Binding Printing and Binding agenda packages for board meetings, printing of computerized checks, stationary, envelopes etc. Legal Advertising The District is required to advertise various notices for monthly Board meetings, public hearings etc in a newspaper of general circulation. Other Current Charges Bank charges and any other miscellaneous expenses that incurred during the year. Office Supplies Miscellaneous office supplies. Dues, Licenses & Subscriptions The District is required to pay an annual fee to the Department of Community Affairs for $175. This is the only expense under this category for the District. Capital Outlay Represents any minor capital expenditures the District may need to make during the Fiscal Year such as a file cabinet for District files. Page 3 THIS AGREEMENT, made and entered into this 10th day of July, and between: Tuscany Reserve Community Development District, corporation created pursuant to Chapter 190, Florida hereinafter referred to as District; a public Statutes, and WCI Communities, Inc., hereinafter referred to as Developer; WITNESSETH: WHEREAS, the Developer owns the majority of all lands within the District; and WHEREAS, the District pursuant to the responsibilities and authorities vested in it by Chapter 190 F.S., desires to proceed with the discharge of its duties to include administrative, legal, and the preparation of certain plans and specifications for the Water Management, roadways and water distribution and wastewater collection facilities, hereinafter referred to as capital improvements; and WHEREAS, the Developer recognizes that in so discharging said duties and responsibilities, certain benefits will accrue to the land; and WHEREAS, the Developer is agreeable to funding the operations of the District as called for in the Budget, approved by the Board of Supervisors, which is attached and made a part hereof as Exhibit "A" said budget commencing October 1, 2003 and terminating September 30, 2004; NOW, THEREFORE, based upon good and valuable consideration and mutual covenants of the parties hereinafter recited, it is agreed as follows; 1. Developer agrees to make available to the District the moneys necessary for the operation of the District as called for in the Budget, shown as Exhibit "A", monthly, within fifteen (15) days written request by the District. The funds shall be placed in the District's General checking account in Broward County. The parties hereto recognize that a portion of the aforereferenced operating expenses are required in support of the District's effort to implement its capital improvements program which are to be financed in the form of note(s), bond(s) or future developer advances and as such may be considered to be reimbursable expenses. The District agrees that upon the issuance of its note(s) or bonds(s) that there will be included an amount sufficient to reimburse the Developer for a portion of the advances made pursuant to this agreement and such reimbursement will be made within thirty (30) days of receiving the proceeds of the note(s) or bond(s). The advances made pursuant to this agreement and reimbursement of same will not include any interest charge since it is anticipated that the District will proceed in a timely fashion to obtain its note(s) or bond(s). Assistant Secretary Tuscany Reserve Development District ,~ic~ Mercer Chairman Community WCI Communities, Inc. Steve Adelman Senior Vice President Tuscany Reserve Community Development District Adopted Budget FY 2004 July 10,2003 [XHIBIT A Tuscany Reserve Community Development District Proposed Budget General Fund Fiscal Year 2004 Description Adopted Actual FY2003 thru Budget 4/30/03 Projected Total Proposed Next 5 Projected FY2004 Months thru 9/30/03 Budget Revenues Developer Contributions Total Revenues $89,625 $40,690 $23,533 $64,223 $90,325 $89,625 $40,690 $23,533 $64,223 $90,325 Expenditures Administrative Engineering Attorney Annual Audit Management Fees Computer Time Telephone Postage Rentals & Leases Insurance Printing & Binding Legal Advertising Other Current Charges Office Supplies Dues, Licenses & Subscriptions Capital Outlay Administrative Expenses $12,000 $2,008 $1,435 $3,443 $12,000 $20,000 $1,749 $1,249 $2,998 $20,000 $3,500 $0 $0 $0 $3,500 $40,000 $23,333 $16,667 $40,000 $40,000 $500 $292 $208 $500 $500 $300 $42 $30 $72 $250 $1,000 $579 $414 $993 $1,000 $2,400 $1,400 $1,000 $2,400 $2,400 $5,000 $5,000 $0 $5,000 $5,000 $1,000 $1,552 $1,108 $2,660 $1,750 $2,000 $1,380 $985 $2,365 $2,000 $1,000 $502 $359 $861 $1,000 $500 $78 $78 $156 $500 $175 $175 $0 $175 $175 $250 $0 $0 $0 $250 $89,625 $38,090 $23,533 $61,623 $90,325 Net Income $0 $2,600 $0 $2,600 $0 Page l [XHIBiT A Tuscany Reserve Community Development District GENERAL FUND BUDGET 1611 REVENUES: Developer Contributions It is presently anticipated that the District will enter into a Funding Developer to Fund all General Operating Expenditures for the Fiscal Year. Agreement with the EXPENDITURES: Administrative: EnOneering Fees The District's engineer will be providing general engineering services to the District, i.e. attendance and preparation for monthly board meetings, review invoices, etc. Attorney The District's legal counsel will be providing general legal services to the District, i.e. attendance and preparation for monthly meetings, review operating & maintenance contracts, etc. Annual Audit The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Firm. Management Fees The District receives. Management, Accounting and Adnfinistrative services as part of a Management Agreement with Severn Trent Environmental Services, Inc. These services are further outlined in Exhibit "A" of the Management Agreement. Computer Time The District processes all of its financial activities, i.e. accounts payable, financial statements, etc. on a main frame computer owned by Severn Trent Environmental Services, Inc. Telephone Telephone and fax machine Postage Mailing of agenda packages, overnight deliveries, correspondence, etc. Page 2 EXHi[Ji Tuscany Reserve Community Development District Rental & Leases The District will be charged $200 per month for office rent from Severn Trent Environmental Services, Inc. for the District's administrative office located in Coral Springs. Insurance The District's General Liability & Public Officials Liability Insurance policy is with The Florida League of Cities, Inc. The Florida League of Cities, Inc. specializes in providing insurance coverage to governmental agencies. The mount is based upon similar Community Development Districts. Printing & Binding Printing and Binding agenda packages for board meetings, printing of computerized checks, stationary, envelopes etc. Legal Advertising The District is required to advertise various notices for monthly Board meetings, public hearings etc in a newspaper of general circulation. Other Current Charges Bank charges and any other miscellaneous expenses that incurred during the year. Office Supplies Miscellaneous office supplies. Dues, Licenses & Subscriptionq The District is required to pay an annual fee to the Department of Community Affairs for $175. This is the only expense under this category for the District. ..Capital Outlay Represents any minor capital expenditures the District may need to make during the Fiscal Year such as a file cabinet for District files. Page 3 EXHiBiT A 16[1 THE TUSCANY RESERVE COMMUNITY DE VEL OPMENT DIS TRICT 2002/2003 Q ° What is the Tuscany Reserve Community Development District (Tuscany Reserve CDD) specifically · responsible for? A.' Currently, it is proposed that the Tuscany Reserve CDD shall own, operate and maintain the following elements of the community: · Storm Water Management System, Including Lakes & Water Control Structures · Perimeter Landscaping and Buffering · Irrigation Supply and Distribution · Potable Water and Sanitary Sewer Systems · Conservation Preserve Areas · Offsite Improvements to Livingston Road The Tuscany Reserve CDD dedicates the water and sewer facilities to the Collier County Utilities, for ownership, operation and maintenance. Q.. Who governs the Tuscany Resrve CDD? The Tuscany Reserve CDD is governed by a five-member Board of Supervisors. During the first six (6) years after the Tuscany Reserve CDD's establishment in 2002, all landowners within the Tuscany Reserve CDD's boundary are entitled to nominate and vote for supervisors. Each landowner receives one vote per lot, condominium unit or acre of land ownership. The landowner election process occurs every two years in November. Supervisors are elected to either two or four year terms with the four year term going to the two highest "vote getters". As long as there are 250 "qualified electors" (a registered voter living within the Tuscany Reserve CDD) within the Tuscany Reserve CDD,in the sixth year, two of the supervisors must be qualified electors elected by qualified electors residing within the Tuscany Reserve CDD. The third supervisor shall be elected by the landowner election process to a 4 year term. Thereafter as terms expire, supervisors shall be qualified electors elected by the qualified electors of the Tuscany Reserve CDD. A professional management company implements the policies of the Board. The f'mn of Severn Trent Services, Inc. represents the Tuscany Reserve CDD. For more information: Severn Trent Services, Inc. 10300 NW 11a' Manor, Coral Springs, FL 33071 954-753-0380 and 954-755-6701 (fax) Q: What THE TUSCANY RESERVE COMMUNITY DE VEL OPMENT DIS TRICT 2002/2003 do I pay for the Tuscany Reserve CDD's services? A.' All property owners pay for the operation and maintenance of District improvements through an annual assessment which appear on the annual property tax bill, along with an annual principal and interest on the Tuscany Reserve CDD's capital improvement bonds. Annual Capital Assessments: Tuscany Reserve CDD property owners pay an annual capital assessment toward the Capital Improvement Revenue bonds. The bonds, expected to be issued in 2003, will have a term of 30 years. Product Series Maximum Annual Assessment (*) Mansions $4,468.00 Prato (]rand Estates $4,043.00 Pistoia Casa - Villa Residences $2,128.00 Toscana Piazza Homes $2,128.00 (*) Assessment includes principal and interest on the bonds, plus collection fees and allowed discounts provided by the Collier County Property Appraiser and Tax Collector. Annual General Fund Assessment: The Tuscany Reserve CDD shall assess all property owners for the cost associated with its administration. The annual assessment is estimated to be $330.00 per residential unit. The combined total of the annual assessments ( capital and general fund) is noted on your Collier County property tax bill in the non-ad valorem portion. Operation and Maintenance Assessments: The Tuscany Reserve CDD may enter into an agreement with the Tuscany Reserve Community Association, Inc.(Association) for the Association to provide for the operation and maintenance of the Tuscany Reserve CDD's improvements and facilities. The Association will invoice the property owners directly as part of their annual Association assessments for the costs related to the operation and maintenance. The Association has estimated the annual cost of these services at per residential unit for the budget year ending September 30,2004. The annual assessments are subject to change by the District Board of Supervisors, generally once a year , with a budget being adopted in the late summer. The Tuscany Reserve CDD's budget year runs from Oct I st until September 30t~ of the succeeding year. It is expected that the initial Tuscany Reserve CDD non ad- valorem assessment shall appear on the Collier County tax bill commencing in November,2004. For more information: Severn Trent Services, Inc. 10300 NW 11th Manor, Coral Springs, FL 33071 954-753-0380 and 954-755-6701 (fax) Tuscany Reserve Community Development District Financial Reporting July 10, 2003 Board of Supervisors Meeting TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT General Fund Balance Sheet For The Period Ending May 31, 2003 ASSETS: Cash Due from Capital Due from Developer TOTAL ASSETS $6,471 $4,22O $13,987 $24,678I LIABILITIES: Accounts Payable Due to Developer FUND EQUITY: $13,177 $4,220 Fund Balance TOTAL LIABILITIES & FUND EQUITY $7,281 $24,678I -1- COMMUNITY DEVELOPMENT DISTRICT General Fund Statement of Revenues & Expenditures For The Period Ending May 31, 2003 REVENUES: DeveloperContributions TOTAL REVENUES ADOPTED PRORATED BUDGET ACTUAL BUDGET THRU 5/31/03 THRU 5/31/03 VARIANCE $89,625 $59,750 $48,688 ($11,062) $89,625 $59,750 $48,688 ($11,062)1 EXPENDITURES: A DMINIS TRA TIVE: Engineering Fees Attorney Fees Annual Audit Management Fees Computer Time Telephone Postage Printing & Binding Rentals & Leases Insurance Legal Advertising Other Current Charges Office Supplies Dues, Licenses, Subscriptions Capital Outlay TOTAL EXPENDITURES EXCESS REVENUES/(EXPENSES) Fund Balance - Beginning Fund Balance - Ending $12,000 $8,000 $2,308 $5,692 $20,000 $13,333 $2,932 $10,402 $3,500 $2,333 $0 $2,333 $40,000 $26,667 $26,667 $0 $500 $333 $333 ($0) $300 $200 $44 $156 $1,000 $667 $620 $47 $1,000 $667 $1,837 ($1,170) $2,400 $1,600 $1,600 $0 $5,OOO $5,OOO $5,000 $0 $2,000 $1,333 $1,517 ($184) $1,000 $667 $661 $6 $500 $333 $114 $220 $175 $175 $175 $0 $250 $167 $0 $167 $89,625 $61,475 $43,807 $17,668I $0 $4,881 $2,400 $7,281 -2- Tuscany Reserve COMMUNITY DEVELOPMENT DISTRICT Funding Request//10 July 10, 2003 ITEM NO. PAYEE GENERAL FUND CAPITAL PROJECTS Doubletree Guest Suites Conference/Banquet 04/25/03 $159.00 2 FedEx Inv# 4-675-95631 $26.16 3 4 Goodlette, Coleman ~t Johnson P.A Inv#6 Service thru 03/31/03 Inv#7 Service thru 04/30/03 Inv#8 Service thru 05/31/03 Heidt & Assoc. Inv# 000236 Inv#000756 Naples Daily News Inv#58652126 $55.00 $687.50 $440.00 $300.00 $150.00 $137.44 Severn Trent Environmental Services Management Fees Rentals ~t Leases Computer Time Supplies (May 2003) $3,333.33 S2oo.oo $41.67 $336.83 Severn Trent Environmental Services Management Fees Rentals ~t Leases Computer Time Supplies (June 2003) $3,333.33 $200.00 $41.67 $122.78 TOTAL $9,564 71 S9,564 71 O OO ................ · . $. Developer will be reimbursed for all Capital related invoices upon the issuance of Bonds. H~nning~ o.,: ndum / RECEIVED To: Sue Filson, Administrative Assistant Board of County Commissioners Fron~ , T~)_nLA~. Mott, Supervisor eal Estate Services Date: November 24, 2003 Subject: Golden Gate Estates Land Trust Committee Meeting Minutes Sue, please find attached a copy of the "approved" minutes from the September 22, 2003 Golden Gate Estates Land Trust Committee Meeting. Thank you. Attachment as stated [~isc. C0fms: Real Property Management Department GOLDEN GATE ESTATES LAND TRUST COMMITTEE MONDAY, SEPTEMBER 22, 2003 FIRE STATION #71 - GOLDEN GATE BOULEVARD Charles ("Skip") VanGelder Linda Hartman Stephen Greenberg Karen Acquard Vacant -Chairman -Member -Vice-Chairman -Member -Member Art Dobberstein Matt Hudson Toni Mott Linda Sujevich -Educational Facilities Planner, School Board -Representing Golden Gate Fire Public Information -Supervisor, Real Estate Services -Administrative Secretary, Real Estate Services DISTRIBUTION: GAC Financial Revenue/Expense Report Memo - School Board / Art Dobberstein I. CALL TO ORDER Skip VanGelder, Chairman, called the meeting to order at 7:00 P.M. II. APPROVAL OF MINUTES - July 21, 2003. Linda made a motion to approve the minutes. Karen seconded the motion. Skip asked if there was any discussion. Skip had an item in the minutes. Agenda Item V, 5th paragraph, 3rd line down, "Skip called for a vote and Karen and Linda were opposed. The motion was defeated." Skip said the statement should be at the end of the 5th paragraph. Toni will make appropriate correction. Linda amended her motion to include the above revision. Skip asked if there was any further discussion. Minutes were accepted as amended. All in favor. III. APPROVAL OF TREASURER'S REPORT Toni reported Pooled Cash $1,009,990.34 and the Available Cash $997,820.19. Toni stated there was a great deal of activity. We have one buildable lot available and approximately ten non-buildable lots available. There are 15 to 18 lots under contract as of this date, which will be recorded in the next sixty days. Karen asked, since we have checked with Conservation Collier, do any of the lots fall into the South block area that the lots might be considered for the ROMA Project. Toni will check with the attorney's office, and ask Ellen Chadwell who is working on the ROMA project. Linda made a motion to approve the Treasurer's Report, Steve seconded the motion. With no further discussion, the Treasurer's Report was accepted. All in favor. IV. MEMBER VACANCY Skip's application was received and accepted. Linda's application was received and accepted. Jeff Curl from Phase II, submitted an application but was not asked to the meeting. Toni asked the members if they wished to interview Mr. Curl at the next committee meeting. Skip read Mr. Curl's application and came to the conclusion that this committee may not be what he is looking to get involved in as his background is in landscaping architecture. Toni will contact Mr. Curl and describe to him the duties and obligations of this committee. If Mr. Curl is still interested, Toni will invite him to the next meeting. Karen informed the members that individuals are allowed two committee appointments. (Matt Hudson, a former member, attending the meeting tonight was asked to come back. Mr. Hudson declined because of committed obligations.) Steve made a motion to re-appoint Charles 'Skip' VanGelder as Chairman and Karen seconded the motion. No further discussion. All in favor. Skip made a motion to re-appoint Linda Hartman, Member, and Karen seconded the motion. No further discussion. All in favor. To recap the following: 'Skip'VanGelder, Chairman, expires 10/2007 Linda Hartman, Member, expires 10/2007 V. REQUEST FOR FUNDS FROM SCHOOL BOARD-Sabai Palm Elementary (follow-up) Art Dobberstein, Educational Facilities Planner from the School Board, discussed his memo that was distributed to the committee members. The School Board has requested $102,917.65 for playground equipment and sunscreens for Sabal Palm Elementary. The invoices are as follows: GameTime Equipment, Quote # 221434302, tax exempt, $40,943.65. Owen-Ames-Kimbell Co., PO #5978-1269-M-10021, tax exempt, $61,974.00. Upon receipt of $102,917.65, the District School Board of Collier County will implement lights. (This includes fixtures, a time switch, and design fees with an electrical connection to the Parks and Recreation Department panel). The lights will be placed on the shade structure support poles for $5,582.00 with no additionaI financial obligation to the GAC Land Trust. The County Parks and Recreation will be paying for the electric bill after the School Board installs the lights. The facilities will be open from 3:30pm to 10pm weekdays, 6am to 10pm on weekends and that is when the County insurance takes over. Karen made the motion that the GAC Land Trust reimburses $102,917.65 to the School Board for the equipment and sunscreens and Steve seconded the motion. No further discussion. All in favor. Toni advised Mr. Dobberstein the County will reimburse the School Board but will need the original invoices with notation made that the equipment and sunscreens have been received and are in working order. The committee said there are still no bathroom facilities accessible at Corkscrew School and Park. Mr. Dobberstein will contact James Fitzek of Parks and Recreation, and discuss getting bathroom facilities at the school for after hours. VI. GOLDEN GATE FIRE DISTRICT REQUEST FOR FUNDS Victor Hill cancelled his presentation. Matt Hudson, representing the GG Fire District, stated they are pulling their fund request item from the agenda as they still have a few administrative issues that have to be discussed prior to presentation to the committee. Matt did say it has to do with public education type of situation for Golden Gate Estates. They want to get all the details worked out before bringing it to the committee. VII. PUBLIC COMMENT/OTHER DISCUSSION Karen suggested that the committee no longer distribute funds when there are other means of funding. Karen stated there are so many ventures that cannot be funded and would like to assist those special requests. Mr. Dobberstein, Educational Facilities Planner, representing the School Board, thanked the committee for their effort in providing the funds for playground equipment and sunscreens at Sabal Palm Elementary. VIII. Next Proposed Meeting Date - Monday, November 24, 2003 (7:00 p.m.). We will meet at Fire Station 71. All in favor. IX. ADJOURNMENT No other discussion. Karen made a motion to adjourn the meeting at 7:45 p.m. motion. All in favor Linda seconded the Fiala Halas Henning Coyle : Colatta COLLIER COUNTY L~f CITIZENS CORPS ADVISORY COMMITTEE Meeting of: October 16, 2003 Meeting was called to order by Chairperson Carol Holle Pahl. Voting members present: Capt Scott Salley, Collier County Sheriff's Office James Elson, Collier Veterans Council Reginald Buxton, Greater Naples Chamber of Commerce Carol Holle Pahl, CERT Walter Jaskiewicz, Coast Guard Auxiliary Robert Rohland, Salvation Army Gerald Sugarman, RSVP Absent: Deborah Horvath, American Red Cross Tom Kuznar, Civil Air Patrol Nelda Miller, CERV Chief Donald Peterson, Collier Fire Chiefs' Assoc. Approval of October 21, 2003 minutes. Representative Dudley Goodlette, Florida House District 76, Chairman - Coordinating Committee on Public Security addressed the meeting. Thanked the committee for their invitation and applauded the committee for its participation in Citizens Corps, and Collier County on the formation of the Citizens Corps Committee. Rep. Goodlette outlined some of the State's efforts following 9/11' Select Committee on Domestic Security was formed to work closely with FDLE and Division of Emergency Management to evaluate and assess Florida's vulnerabilities, the impact on our economy and how to manage the consequences of any further attacks. One of the challenges was to balance the need for security with preserving civil liberties. Legislation was adopted to codify Florida's response system which is the model for the rest of the country. The State has received over $400 million from the Federal Government for domestic security. 80% of the funds went to the local first responders. The cooperation of the State, Federal & Local Governments has resulted in a model to deal with domestic security threats. The House now has a Coordinating Committee on Public Safety that I chair and is now in the process of meeting with each of the 7 regional Task Forces to determine current needs. Have already meet with the Region 7 Task Force. The mission is to bdpro-active and not re-active. THREAT UPDATE: 1611 Threat level is still Yellow, elevated. We now have the 14th named storm of the season. Recent rains stopped soon enough to limit the flooding to the usual problem areas. Discussion on increasing the public's flood awareness & preparation - including health hazards such as children playing in the flood waters and driving tips. Openings exist for FEMA training at Emmitsburg, MD: Hurricane Preparedness, and Hurricane Response. Each is a week long course. Ethics & Sunshine Law training is available. See the handout. NEW BUSINESS: Introduction of new Naples Area Chamber of Commerce member: Reg Buxton, Publisher of the North Naples Journal Grant Status: End of the grant cycle, successfully executed the grant. Citizens Corps Speakers Bureau: Discussion on forming a Speakers Bureau to address Civic Groups, Clubs, Homeowners Associations, etc to give a short presentation on disaster preparedness. An outline of topics to discuss should be developed and used to keep the talks consistent. Also suggested was a working group to coordinate the Speakers Bureau. Health Department has a Health Educator who has done extensive work on presentations and would be willing to help the Committee to prepare a uniform presentation. Suggestion was made to invite the Health Educator and develop an outline of topics for the talks. The Citizens Corps should have a contact to coordinate requests for speakers. Motion made to form a Citizens Corps Speakers Bureau, seconded and passed by vote. Elections of New Officers will be at the next meeting in November 20' 2003 at 3:00 pm. Suggestion was made to also elect a Secretary. OLD BUSINESS: Boat Preparedness, US Coast Guard Auxiliary: Held a boat preparedness seminar to specifically address how to prepare a boat for hurricanes. Developed a very good informational package and a Power Point presentation. Over 100 people attended and are still getting calls for the information package. Because of the seminar the Auxiliary has experienced an increase in requests for boat inspections and over 65 sign-ups for our 7 day basic seamanship course. Insurance companies and homeowners associations have requested seminars. Plans are to hold one in January and one in February. ID Cards: ID cards for Citizens Corps members can be done by the County's Facilities Management Department. Coordinate with Jim von Rinteln. 2 1511 General Issues: Coast Guard Auxiliary has a new dock in the Marco area and there is also the possibility that the Coast Guard will be opening another station in the area. Suggestion to have a representative from the Collier County School System to address the schools readiness and preparation for emergencies. Suggestion to increase publicity - invite the Naples Daily News to our meetings or have a press conference. Naples Daily News is and has been receiving press releases and notices of Citizens Corps meeting. November edition of the North Naples Journal will have an article on the Citizens Corps. Capt. Salley: School Readiness - Plans are restricted to those people who need to know so that that the knowledge can't be used against the schools. Principals are trained. Plans have been developed by the Sheriffs Office and all schools, public and private and approved by the Sheriff s Office and School Board. Motion to adjourn, seconded and passed by vote. 3 Citizen Corps Advisory Committee Agenda October 16, 2003 3:00 3:05 3:10 3:25 3:30 Pledge of Allegiance -Opening Remarks -Roll Call Chairman Approval of Minutes Chairman Remarks to Council Rep. J. Dudley Goodlette Florida House Dist. 76 Threat Update Emergency Management New Business Chairman/EM Introduction of new Chamber of Commerce member · DCA Grant Status · Creation of a Citizen Corps speakers bureau · Annual Election of Officers 3:45 Old Business · Boat Preparedness USCGA · CERT Program (ID Cards) · Preparedness issues Chairman/Members 4:00 Next Meeting/Adjourn (Nov, Dec or Jan, 2003 ?) Chairman Wachovia Bank, National Association Commercial Banking 5801 Pelican Bay Boulevard Naples, FL 34108 TeI 239 591-7992 Fax 239 598-7598 1511 WACHOVi{ Ms. Carol Pahl Chairperson Citizens Corps Advisory Committee C/O Emergency Management 3301 E. Tamiami Trail, F-1 Naples, Florida 34112 September 18, 2003 Dear Ms. Pahl: It is with deep regret that effective October 1, 2003, I will resign from the Citizen Corps Committee for personal family reasons. The time spent serving on the Collier County Citizen Corps was most rewarding and provided me with an increased awareness of how much vitality and talent the citizens of' our area bring to this local community. Citizen Committees are the backbone to a successful region not only because they provide an avenue for local individuals to give back to the surrounding community but also provides a cohesive fabric of various talents to help sustain our quality of life. Thank you and God bless all of you. Charles E. ~raves Collier County, Florida EMERGENCY MANAGEMENT DEPARTMENT 3301 Tamiami Trail East Building F,IsT Floor Naples, Florida 34112 (239) 774-8444 FAX (239) 775-5008 MEMORANDUM DATE: TO: FROM: September 18, 2003 Sue Filson, Executive Manager, Collier County BCC Jim von Rinteln, Emergency Management Coordinator SUBJECT: Replacement Member Nomination for the Citizen Corps Advisory Committee In consideration of the resignation of Charles Graves as the Collier County Chamber of Commerce member of the Collier County Citizen Corps Advisory Committee, the following nomination is made for his replacement: Mr. Reginald A. Buxton II (Application. Attached). Thank you, if you have any questions please contact me at 774-8911. i"ag¢ ! o~ ~ Board of County Commissioners ~.. !I1 (~9) Fax: (239) 77~-~602 Application for Advisory Committee/Boards arle: !1 (-~ ti' , . Boa ~ or Co~m~ Appli~ Cat~ go~ ~~1: ' '" A~ ~ a ~r~ your ~ ~ ~u cu~nt~ hold pubUc ~, ~nt is that ~ee ~ Do y )u now serve, or have you ever served, on a Collier County board or C )mmittee? If yes please list the corem itt~u/boards: Yes No Plem e list your commu~uity n_ctivitfes (r4,vie~clubs, neighl~orhood associations, etc.) and~. / PosiionsheM:/'~,~J'-/- /r~R~'~'~'/~/~'t" /~'-~'~.-' T-/'~c='- /'[./~' "~ ~'~'~V /~! Pl~eav~ rttath om,. additional infornu~n jn~ f~l I~rtDMnt. Ti~ a~lieaft'on :lundd I~ ~ to Su~ Fll~an, ~ect~ti~e l~on~ . to t~ Board of Coww,~ Commlr~iomrs, 3301 East ?arm'nmi l}'oiL /v'op/,fj, ,FL $4112. If you w~s& ple~ f~x your ~lic~ ~.on to (94~)774--~02 ~r ~.moii to ~l~oli~rgo~.n~t. ~l~ }to~ fOr ~o~lo#~r~ to ~'~r~ Ike clt~.et~ ~. Collar http://,n p~w.colliergov.nct/bcc/advisozy%20application.htm 09/15/2003 NOTICE. DF IMPORTANT INFO~RMATIONAL WQRIC_$~OPS FOR_b!J_. COLl,n~.g COI~TY COMb~t.TTEES AND BOARDS Ry,_ ..'. SUNSHINE LA_W_~PUBLIC RECORD~/ETKICS LAWS & EX PARTE DECL, ,~RATION REOUIREMENTS 82/82 Notice is hereby given, that the Coil/er County Attorney Office will be presenting workshops on Sunshine Law/Public Records/Nth/cs Laws 8: Ex-Parte Declaration Requirements to the following Committees and Boards: Board of Building Adjustments & Appeals Code Enforcement Board Contractor's Licensing Board Public Vehicle Advisory Committee Workforce Housing Advisory Committee Bayshore Avalon Beautification MSTU Advisory Committee Black Affairs Advisory Board Citizen Corps Committee Development Services Advisory Committee Community Redevelopment Agency Advisory Board Disaster Recovery Task Force EMS Advisory Council Golden Gate Area Master Plan Advisory Committee Golden Gate Community Center Advisory Committee Health & Human Services Advisory Committee Immokalee Beautification Advisory Committee Isle of Capri Fire Control District Advisory Committee Lake Trafford Restoration Task Force Library Advisory Board IMPO Subcommittee (Citizen Advisory Committee) Ochopee Fire Control Advisory Committee Pelican Bay MSTBU Advisory Committee Tourist Development Council Utility Authority Vanderbilt Beach Beautification Advisory Committee Revenue Commission. Board of County Commissioners Planning Commission Environmental Advisory Council Affordable IIousing Commission Airport Authority Bayshore/Gateway Local Redevelopment Advisory Board Citizens Advisory Task Force Coastal Advisory Committee Community Character/Smart Growth Committee County Government Productivity Committee 1-75/Golden Gate Parkway Interchange Ad Hoe Cat Forest Lakes Roadway & Drainage Advisory Committee Golden Gate Beautification Advisory Committee Golden Gate Estates Land Trust Committee Hispanic Affairs Advisory Board Historical/Archaeological Preservation Board Immokalee Enterprise Zone Development Agency Lely Golf Estates Beautification Advisory Committee Land Acquisition Advisory Committee Livingston Road Phase II MSTBU MPO Subcommittee (Pathway Advisory Committee) Parks & Recreation Advisory Board Radio Road Beautification Advisory Committee Transportation Disadvantaged Local Coordinating Board ,, ( Fire and EMS Advisory Committee Immokalee Area Master Plan, Ad Hoc Cmt. Two workshops have been scheduled giving board mcmbers, staff and the public an. option of either, of two dates to attend. The fa'et workshop will be held on FRIDAY, DECEMBER 5, 2003, from 2:00 pm. to 3:30 p.m. The second workshop will be held on WEDNESDAY, JANUARY 14, .2004,:~%~. from 9:00 a.m. to 10:30 a.m. BOTH WORKSHOPS WILL BE ~LD AT THE COLLIER COUWrY GOVERNMENT CENTER, 3301 EAST TAMIAMI TRAIL, W. HARMON TURNER BUILDING (ADMINISTRATION BLDG. jr), 3Ro FLOOR, NAPLES, FLORIDA. All committee/board members should be knowledgeable of some or all of these laws. Especially advisable for members who haven't attended previous workshops on this subject matter. The workshops are open to the public. The workshops shall be televised and broadcast on the Collier County Government Channel. If you mc · person with a di~.ability who needs any accomm~fion in ~ to ~cipo~ in ~ ~c~in~, ~u ~ entitled, at no cast m ~u, M ~e provision of c~in mis~ce. Pl~c c~mct tho Colli~ Co~ Pacilifi~ Manag~ ~t located st 3~0] ~Gst Ta~ Trail. Naples. ~da. 34112. (239) 77~380; ~,ls~ list~ing d~ic~ f~ ~c ~ng impaired a~ a~ilablc in ~c Couaw I. Weather Florida Division of Emergency Management Daily Status Briefing For the Day of: October 14, 2003 Reporting period: 0900 hrs 10/I 3/03 through 0900 hrs 10/14/03 A= State Forecast for Florida Watches and Warninqs: The National Weather Service has issued a Fire Weather Watch for the following counties in the western Florida Panhandle: Escambia, Santa Rosa, Okaloosa, and Walton. Also, a Watch is in effect for 12 noon on Wednesday until sunset for the following counties: Walton, Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Gadsden, Liberty, Franklin, Leon, Wakuila, Jefferson, Madison, Taylor, Dixie, and Lafayette. Weather Forecast for Florida - National Weather Service Office Miami Tuesday - Partly cloudy except mostly cloudy northeast with isolated showers or thunderstorms except isolated showers in the Florida Keys. Highs in the lower 80s in the Panhandle portion of the State to the upper 80s to near 90 in the south and Florida Keys. Tuesday Night - Mostly clear in the north and partly cloudy elsewhere with isolated showers or thunderstorms in the south and keys. Lows in the lower 50s to the lower 60s north ranging to the lower to mid 70s south except the upper 70s to near 80 keys. Wednesday - Mostly clear north and central portions of the State to partly cloudy in the south with isolated showers in the Florida keys. Highs in the mid 70s north ranging to the mid 80s south and the upper 80s keys. Hazardous Weather Outlook Florida - Nothing to report Regional - Nothing to report. Tropical Outlook - Link to the National Hurricane Center At 530 a.m. EDT Tuesday, October 14, 2003 For The North Atlantic, Caribbean Sea, and Gulf of Mexico... The National Hurricane Center is issuing advisories on Tropical Depression Nineteen, located about 1,135 miles west-southwest of the Cape Verde Islands. Page I I1. Widespread cloudiness and scattered thunderstorm in the western Caribbean Sea are associated with a slow westward-moving tropical Wave. This activity has changed little overnight, but upper-level conditions remain favorable fcr some additional development during the next couple of days if the system remains over water. The remnant circulation of former Tropical Depression Mindy is located about 440 miles south-southwest of Bermuda. Elsewhere, no tropical storm formation is expected through Saturday. Infectious Diseases A. DOH Health Alerts B= STATUS - Nothing new to report. Arbovirus Diseases Human Cases Disease New Cases Total Cases Fatalities East.' EqUine Encephalitis 0 2 0 West Nile Virus/**CDC report 0 32 0 St. Louis Encephalitis Virus 0 0 0 This chart, is representative of data collected for the 2003 calendar year. **WNV activity and human disease cases reported to CDC West Nile are updated each weekday. The Florida Department of Health, according to the CDC, has reported no confirmed cases of death from West Nile Links to websites specializing in Arboviral Diseases CDC West Nile Florida Department of Health West Nile West Nile Virus Maps Severe Acute Respiratory Syndrome (SARS) SARS Links Florida Department of Health SARS web-paRe CDC SARS Information Smallpo× - Monkeypox CDC Smallpox Site II!. Terrorism A. Homeland Security Threat Level Page 2 1611 The Department of Homeland Security in consultation with the Homeland Security Council has made the decision to move the national threat level from a High risk of terrorist attack to an Elevated risk or level Yellow. Elevated Condition (Yellow). An Elevated Condition is declared when there is a significant risk of terrorist attacks. In addition to the Protective Measures taken in the previous Threat Conditions, Federal departments and agencies should consider the following general measures in addition to the Protective Measures that they wilt develop and implement: 1. Increasing surveillance of critical locations; 2. Coordinating emergency plans as appropriate with nearby jurisdictions; 3. Assessing whether the precise characteristics of the threat require the further refinement of preplanned Protective Measures; 4. Implementing, as appropriate, contingency and emergency response plans. B. Reported Events Event Type Suspicious substances/packages Bomb Threats R~rts in last24 hoUrs 0 I': Reports since Sept. 11, 21 2001 '10,443 201 C. Special Events What l: Where Date NCAA Football Miami ~s Temple Miami Oct'.' 18, 2b03 NCAA Football USF vs Charleston Southern Tampa Oct. 18, 2003 NFL Miami Dolphins vs New England iMiami Oct. 19, 2003 Terrorism and Homeland Security News State No report Regional No report ~ National/International Bush Sets Up Commission To 'Free' Cuba From Castro , ,_=~,,an~ - I hour ago From the Department of Homeland Security, Under Secretary Asa Hutchinson is with us today. From the state of Florida, Congressman Lincoln ... Page 3 IV. Em Cyber Terrorism/Information Technologies Chem - Bio No report. Cybersecurity No Report War with Iraq Bomber kills I at Turkish Embassy in Iraq BAGHDAD (AP) -- A suicide bomber detonated a car packed with explosives at the gates of the Turkish Embassy on Tuesday, killing at least one person and wounding two or three others, witnesses and U.S. soldiers said. Attacks Kill 3 U.S. Soldiers Saddam may be in Tikrit, military says By Katarina Kratovac/THE ASSOCIATED PRESS/Posted on Tue, Oct. 14, 2003~ Saddam may be in Tikrit, U.S. says, as attacks in central Iraq fell three more U.S. soldiers Saddam Hussein is thought to have been hiding out recently in Tikrit, influencing the anti-American insurgency, the U.S. military said Monday. Fresh attacks by resistance forces across central Iraq were reported to have killed three American soldiers and wounded five others. Department of Defense Wildland Fire Fire Weather Fire Weather Watch - Fire Weather Watch issued for portions of the Florida Panhandle (see State Forecast for Florida section of this report). Red Flag Warning - No Watch issued. Page 4 Fire Weather/Drought Indicators Keetch - Byram Drought Index - Link to map STATUS: No report available Statewide Average: 315 KBDI Between 500 & 599 - 4 US Drought Monitor Wildland Fires - Link to report STATUS: No Change Daily No Repo~ 0 Monthly 134 4,094.4 _. Year to Date 1,403 16,735 Other Incident #: SWP031013 - 7020- Hillsborough County County advises of a bomb threat, found written on the boy's bathroom wall at Rogers Middle School in Tampa. School was evacuated. However, the scene is clear. Incident #: SWP031013- 7016- St. Lucie County Reports that a bomb threat was made against a business, Aegis Communications. An elderly male called and said the building was going to blow up in a few minutes. No bomb squad was sent to scene and no evacuations took place. No bomb found. Page 5 vonrinteln From: Sent: To.' Cc: Subject: bradley_n Wednesday, October 15, 2003 9:04 AM DL-Directors; dl-advisory/bccstaffiiasons; DL_BCCSEC; HeathGlenn; hue; foord_m; taylor_a; larson_k; peffers_s; levy_m; CaudillTrinity; James Ward; Brown_Jill; DL-CtyMgrStaff; blair_a; prince_v; lulich_P allen_d; pettit_m; weigel_d; student_m; hoffmaneleanor Cty Atty Ofc Sunshine Law/Public Records/Ethics/Ex-Parte Presentation to Advisory Board Members notice for adv brd workshops o... 1511 NOTICE OF IMPORTANT INFORMATIONAL WORKSHOPS FOR ALL COLLIER COUNTY COMMITTEES AND BOARDS RE: SUNSItlNE LAW/PUBLIC RECORDS/ETHICS LAWS & EX PARTE DECLARATION REQUIREMENTS Notice is hereby given that the Collier County Attorney Office will be presenting workshops on Sunshine Law/Public Records/Ethics Laws & Ex-Parte Declaration Requirements to the following Committees and Boards: Board of Building Adjustments & Appeals Code Enforcement Board Contractor's Licensing Board Public Vehicle Advisory Committee Workforee Housing Advisory Committee Bayshore Avalon Beautification MSTU Advisory Committee Black Affairs Advisory Board Citizen Corps Committee Development Services Advisory. Committee Community Redevelopment Agency Advisory Disaster Recovery Task Force EMS Advisory Council Golden Gate Area Master Plan Advisory Committee Golden Gate Community Center Advisory Committee Health & Human Services Advisory Committee Immokalee Beautification Advisory Committee Isle of Capri Fire Control District Advisory Committee Lake Trafford Restoration Task Force Library Advisory Board MPO Subcommittee (Citizen Advisory Committee) Ochopee Fire Control Advisory Committee Pelican Bay MSTBU Advisory Committee Tourist Development Council Utility Authority Vanderbilt Beach Beautification Advisory Committee Revenue Commission Board of County Commissioners Planning Commission Environmental Advisory Council Affordable Housing Commission Airport Authority Bayshore/Gateway Local Redevelopment Advisory Board Citizens Advisory Task Force Coastal Advisory Committee Community Character/Smart Growth Committee County Government Productivity Committee 1-75/Golden Gate Parkway Interchange Ad Hoc Cmt Forest Lakes Roadway & Drainage Advisory Committee Golden Gate Beautification Advisory Committee Golden Gate EStates Land Trust Committee Hispanic Affairs Advisory Board Historical/Archaeological Preservation Board Immokalee Enterprise Zone Development Agency Lely Golf Estates Beautification Advisory Committee Land Acquisition Advisory Committee Livingston Road Phase II MSTBU MPO Subcommittee (Pathway Advisory Committee) Parks & Recreation Advisory Board Radio Road Beautification Advisory Committee Transportation Disadvantaged Local Coordinating Board Fire and EMS Advisory Committee Immokalee Area Master Plan Ad Hoc Cmt. Two workshops have been scheduled giving board members, staff and the public an option of either of two dates to attend. The first workshop will be held on FRIDAY, DECEMBER 5, 2003, from 2:00 pm. to 3:30 p.m. The second workshop will be held on WEDNESDAY, JANUARY 14, 2004, from 9:00 a.m. to 10:30 a.m. BOTH WORKSHOPS WILL BE HELD AT THE COLLIER COUNTY GOVERNMENT CENTER, 3301 EAST TAMIAMI TRAIL, W. HARMON TURNER BUll,DING (ADMINISTRATION BLDG. F), 3m~ FLOOR, NAPLES, FLORIDA. All committee/board members should be knowledgeable of some or all of these laws. Especially advisable for members who haven't attended previous workshops on this subject matter. The workshops are open to the public. The workshops shall be televised and broadcast on the Collier County Government Channel. If you are a person with a disability who needs any accommodation in order to participate in these proceedings, you arc entitled, at no cost to you. to the provision of certain assistance. Please contact the Collier County Facilities Management Dcvartment located at 3301 East iy;, Septem bet ~:l 0;: 2003, CJtizensto..theres e . l~m ~g~lnst the U'nited States on SePt, tcreation~ iof a: i comi~itt%' for c~i~r'cO~ty. i~o~:'ill,:i~f, the cOu~t~:arst reSPio~id.~i I i Vor~ore~.tl~ a~'.~r'~now, the Ci.tizens ~ Corps .A, dvisory Co!nmittee !nati~ gp reParedness. , activities,,... 111 .... our *commtw. lty/for, till disasters including · i i While tti~' pur~.ose of, this co.tree .i is not'.~elblJrOmotii~n, its efforts. ~, ~iistence~ are, noteworthy: and sfl~iiilcant !to ~ .~itiz.e.l~. :and~ y~ito.rs.,of¥Co, llier : Cou~nty,when discussing Ibis'cOg,_tug .tX,'s~ r~p0'~e 'to,the Chall~o_[:..t$? ~:o~ OC~t, 1~ ~ the,..c~unt~.l~d room ~t Fiala ~ v/ .,'/~ .. Halas Henning_ Coyle v Coletta ~ Advtsoe¥ ~os~Rt~ 2705 Horseshoe Drive South Naples, FL 34104 December 4, 2003 AGENDA II. III. IV. V. VII. VIII. X. CAll. MEETING TO ORDER ATI'ENDANCE APPROVAL OF MINUTES: November 5, 2003 APPROVAL OF AGENDA TRANSPORTATION SERVICES REPORT: A. Budget Report A. Water at Vanderbilt Beach and Vanderbilt Drive intersection. B Cesspool problem in front of The Beach House on Vanderbilt Beach Road. OLD BUSINESS: A. Proposed Turnaround/North end of Guff Shore Dr. B. Benches C. Review Letter from Appraiser D. Status of Tree on north side of Egret E. Status of BCC 50/50 funding issue F. Status of Mr. Martins attendance NEW BUSINF~: PUBLIC COMMENTS ADJO~ The next meeting is scheduled for 2:00 PM, ~Tonuarv 7th. Z003 AT ST. ,TOHN$ CATHOLIC CHURCH 625 111TM Ave. I~pl~s, FL [~:~e: _.~tr~[T;''~l~z'''~~ 2685 Horseshoe Drive South Naples, FL 34104 IlL IV. Vo VI. SUMMARY OF MIN~ November 5, 2003 Approval of Minutes: Minutes of October 2, 2003 were approved and carried. Approval of Agenda: Two new items were added under "New Business. Approved and carried. Transportation Services Reportz A. Budget Report: A lengthy discussion was held on all the line items being explained for the new fiscal yem'. The Committee questioned what they felt was an excessive amount spent on the Landscaping and will look at the specifications and possibly make modifications in June before it goes for bid in September. Charles Arthur moved to transfer $25,000 from Capital Outlay to Engineering for the Wilson Miller Master Plan. BJ Seconded. Carried unanimously 4-0. New Business: A. Applications for membership: (2 vacancies) BJ Savard-Boyer nominated Lew Schmidt as a Committee member for the Vanderbilt Beach MSTU. Charles Arthur seconded. Camed 3-1. Carol Wright voting "no". Charles Arthur nominated Carol Wright as a Committee member for the Vanderbilt Beach MSTU. BJ Seconded. Carried unanimously 4-0. B. Possibility of replacing Mr. Martin. The Ordinance states any member of an Advisory Committee cannot miss more than two meetings with unexcused absences. BJ moved to have Chairman Dick Lydon write a letter to Mr. Martin explaining the violation of the Ordinance and ask if he is still interested in continuing to be a member of the Committee. Seconded by Carol Wright. Carried unanimously 4-0. 1611 Advisory ~,ommttt~ 2705 Horseshoe Drive South Naples, FL 34104 November 5, 2003 Minutes HI. Meeting was called to order by Dick Lydon at 1:05 PM. ATTENDANCE: Committee Members: Dick Lydon, Carol Wright, B.J. Savard- Boyer, Charles Arthur, Bud Martin-Absent Collier County: Bob Petersen & Val Prince - Landscape Operations, Joanne Hartman-Operations Coordinator Others: Robert Kindelan-Commercial Land Maintenance, Sue Chapin- Manpower Services APPROVAL OF MINUTES: October 2, 2003 Charles Arthur moved to approve the Minutes of October 2, 2003. Seconded by B.J. Savard-Boyer. Carried unanimously 4-0. APPROVAL OF AGENDA: Under New Business - B. Presentation to BCC Under New Business - C. Possibility of replacing Mr. Martin Charles Arthur moved to approve the Agenda as amended. BJ Seconded. Carried unanimously 4-0. TRANSPORTATION SERVICES REPORT: A. Budget Report - handed out by Val Prince (Attached) - The different categories were explained and discussed. - It was noted the monies from accidents are credited back to the MSTU' s budget accounts. BJ asked about the area that is mowed by CLM - the area was described in which she felt the Contract was excessive for the area involved. She noted figures for mowing that others are paying for areas with approx, the same area amount of area being maintained by the MSTU. In response it was noted CLM does the edging, mowing, weeding, trimming and pruning, blowing curbs and sidewalks, irrigation system, and the light and traffic control for the full year. They also do pesticide and insecticide treatments, mulch and trash pick up. The A. Applications for Membership - those received to replace BJ Savard- Boyer and Carol Wright did not contain anyone from Bluebill. BJ Savard-Boyer moved to nominate Lew Schmidt as a Committee member for the Vanderbilt Beach MSTU. Charles Arthur seconded. Nominations were closed. Motion carried 3-1. Carol Wright voting "no". Carol supported Joe Connelly. Charles Arthur moved to nominate Carol Wright as a Committee member to the Vanderbilt Beach MSTU. Second by BJ Savard- Boyer. Nominations were closed. Carried unanimously 4-0. A memo will be sent to Sue Filson who in turn will get it to the Board of County Commissioners for official approval. B. Presentation to BCC for funding - The Committee needs to present a public petition to the BCC or speak with a Commissioner to get on the Agenda in reference to a 50/50 funding with the County for their Wilson Miller Master Plan. Val read an e-mail pertaining to the above. (Attached) The County has done a 50/50 share with Immokalee and Golden Gate MSTU' s. C. Possibility of Replacing Mr. Martin - The Ordinance states that any member of an Advisory Committee, or other types of Committees for the County, cannot miss more than two meetings with unexcused absences. The Committee was concerned with the fact that Mr. Martin has not been in contact with anyone. He has been unexcused for the last two meetings. The Committee feels he has not fulfdled his duties and should look for another member to replace him. BJ Savard-Boyer moved to have Chairman Dick Lydon write a letter to Mr. Martin explaining the violation of the Ordinance and ask if he is still interested in continuing to be a member of the Committee. Seconded by Carol Wright. Carried unanimously 4-0. (Charles Arthur left at 2:15 PM.) Please note the handout concerning change of date for the Sunshine Law Seminar. (December 12th rather than December 5th) (Attached) VIII. PUBLIC COMMENTS: Lew Schmidt asked about the excessive water at the intersection of Vanderbilt Beach Road and Vanderbilt Drive. It is a safety issue as it is always wet and people are walking into the roadway to avoid the water. Robert/CLM will check to see if there is a duo system or leak under the driveway in that area and report at the next meeting. Mr. Lydon reported an area in front of where the Circle K use to be is a cesspool. He has sent many e-mails concerning the problem and has not gotten a response. It was suggested he register a complaint to the County Managers office as they have 10 days to reply with a satisfactory answer. X. Being no further business to come before the Committee, the meeting adjourned at 2:27 PM. The next meeting is scheduled for 2:00 PM, December 4th, Z003 AT ST. ~TOHNS CATHOLZC CHURCH 625 111TM Ave. Naples, FL 4 HartmanJoanne From: Sent: To: HartmanJoanne Tuesday, November 04, 2003 2:10 PM HartmanJoanne Please be advised that the original date of December 5, 2003 for the referenced workshop HAS BEEN CHANGED TO FRIDAY, DECEMBER 12, 2003 FROM 2:00 - 3:30 P.M. The additional workshOp offered is still scheduled for Wednesday, January 14, 2003, from 9:00-10:30 a.m. The location will remain the same for both workshops - the BCC Board Room. Attached is a copy of the revised notice. Please make sure you pass this information along to your advisory board members. Thanks for your cooperation and please RSVP TO NANCY BRADLEY/COUNTY ATTORNEY OFFICE 774-8400. noUce OF DATE CHANGE for adv ... TO: All AdviSory Board Staff Liaisons The County Attorney Office semi-annual workshop on Sunshine Law/Public Records/Ethics/Ex-Parte issues will be presented to advisory board members and the public on the following dates and times: Friday, December 5, 2003, 2:00-3:30 p.m. in the BCC Board Room Wednesday, January 14, 2004, 9:00-10:30 a.m. in the BCC Board Room Attached is the notice that will be distributed through the Customer & Community Relations Department for proper distribution and posting. << File: notice for adv brd workshops on cao sunshine law presentation of 120503.011404.101303.doc Please share this information with your advisory board members. RSVP to Nancy Bradley in the County Attorney Office, 774-8400. Thanks for your assistance. ALSO PLEASE NOTE: There will be a separate Ethics training available to employees through the Ethics Council in the near future. NOTICE OF DATE CHANGE 1 [ 1 OF IMPORTANT INFORMATIONAL WORKSHOPS FOR ALL COLLIER COUNTY COMMITTEES AND BOARDS RE: SUNSHINE LAW/PUBLIC RECORDS/ETHICS LAWS & EX-PARTE DECLARATION REQUIREMENTS Notice is hereby given that due to the unavailability of the meeting room for the date of December 5, 2003, the Collier County Attorney Office workshops on Sunshine Law/Public Records/Ethics Laws & Ex-Parte Declaration Requirements will be held on Friday, December 12, 2003 from 2:00 -3:30 p.m., as well as the originally scheduled Monday, January 14, 2004 from 9:00 a.m. to 10:30 a.m. to the following Committees and Boards: Board of Building Adjustments & Appeals Code Enforcement Board Contractor's Licensing Board Public Vehicle Advisory Committee Workforce Housing Advisory Committee Bayshore Avalon Beautification MSTU Advisory Committee Black Affairs Advisory Board Citizen Corps Committee Development Services Advisory Committee Community Redevelopment Agency Advisory Board Disaster Recovery Task Force EMS Advisory Council Golden Gate Area Master Plan Advisory Committee Golden Gate Community Center Advisory Committee Health & Human Services Advisory Committee Immokalee Beautification Advisory Committee Isle of Capri Fire Control District Advisory Committee Lake Trafford Restoration Task Force Library Advisory Board MPO Subcommittee (Citizen Advisory Committee) Ochopee Fire Control Advisory Committee Pelican Bay MSTBU Advisory Committee Tourist Development Council Utility Authority Vanderbilt Beach Beautification Advisory Committee Revenue Commission Board of County Commissioners Planning Commission Environme~ntal Advisory Council Affordable Housing Commission Airport Authority Bayshore/Gateway Local Redevelopment Advisory Board Citizens Advisory Task Force Coastal Advisory Committee Community Character/Smart Growth Committee County Government Productivity Committee 1-75/Golden Gate Parkway Interchange Ad Hoc Cmt Forest Lakes Roadway & Drainage Advisory Committee Golden Gate Beautification Advisory Committee Golden Gate Estates Land Trust Committee Hispanic Affairs Advisory Board Historical/Archaeological Preservation Board Immokalee Enterprise Zone Development Agency Lely Golf Estates Beautification Advisory Committee Land Acquisition Advisory Committee Livingston Road Phase II MSTBU MPO Subcommittee (Pathway Advisory Committee) Parks & Recreation Advisory Board Radio Road Beautification Advisory Committee Transportation Disadvantaged Local Coordinating Board Fire and EMS Advisory Committee Immokalee Area Master Plan Ad Hoc Cmt. Two workshops have been scheduled giving board members, staff and the public an option of either of the two dates mentioned above to attend. BOTH WORKSHOPS WILL BE HELD IN THE BOARD CHAMBERS AT THE COLLIER COUNTY GOVERNMENT CENTER, 3301 EAST TAMIAMI TRAII,, W. HARMON TURNER BUILDING (ADMINISTRATION BLDG. F), 3a~ FLOOR, NAPLES, FLORIDA. All committee/board members should be knowledgeable of some or all of these laws. Especially advisable for members who haven't attended previous workshops on this subject matter. The workshops are open to the public. The workshops shall be televised and broadcast on the Collier County Government Channel. If you are a person with a disability who needs any accommodation in order to participate in these proceedings, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida, 34112, (239) 774-8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. / o o 4~ ggg I'll "O m Z o~o ~8 o O~ ........ bb~'b ~ ~ o000oooooo0o~o ~ ~ ~ ~ gggoggooogoggo m z ~m 1611 ZO mo m ~ ' ZZ ' m m m 0 0 000~00~ OmC; m Z m II1 1611 From: Sent: To: Cc: Subject: flagg_d Thursday, October 23, 2003 6:29 PM Petersen_b; HartmanJoanne prince_v FW: Funding Source Joanne/Bob, Please coordinate with the Vanderbilt MSTU folks for the Chairman or designee to make a public petition to the BCC for this funding, Thanks. ..... Original Message ..... From: Feder_N Sent: Thursday, October 23, 2003 4:07 PM To: flagg_d Subject: FW: Funding Source Please see me on this. Norman ..... Original Message ..... From: prince_v Sent: Thursday, October 23, 2003 4:04 PM To: Feder_N Subject: FW: Funding Source Mr. Feder, Sorry, you were not cc-ed in the below e-mail so I did not include you as a cc. Val ..... Original Message ..... From: prince_v Sent: Thursday, October 23, 2003 3:44 PM To: newman_s Cc: Petersen_b Subject: RE: Funding Source Sharon, That is incorrect the BCC has entered into 50/50s with Immokalee Beautification MSTU and GoldenGate Beautification MSTU on their capital landscape projects. They also have done similar in past agreements with developers. I will proceed with the ES using Fund 111 Reserves as a staff recommended source. Thanks for your recommendation. Val ..... Original Message ..... From: newman_s Sent: Thursday, October 23, 2003 8:38 AM To: pdnce_v Cc: Petersen_b; HerreraGIoria; Feder_N; flagg_d Subject: RE: Funding Source Sorry Val, I did not see this original email. Based on passed experience the BCC does not fund prince_v From: prince_v Sent: Thursday, October 23, 2003 3:44 PM To: newman s Cc: Petersen b Subject: RE: Fun~ng Source Sharon, That is incorrect the BCC has entered into 50/50s with Immokalee Beautification MSTU and GoldenGate Beautification MSTU on their capital landscape projects. They also have done similar in past agreements with developers. I will proceed with the ES using Fund 111 Reserves as a staff recommended source. Thanks for your recommendation. Val ..... OdgJnal Message ..... From: newman_s Sent: Thursday, October 23, 2003 8:38 AM To: prince_v Cc: Petersen_b; HerreraGIoria; Feder_N; flagg_d Subject: RE: Funding Source Sorry Val, I did not see this original email. Based on passed experience the BCC does not fund any work within the MSTU's. They will however loan funds on a repayment basis back to the BCC. If you intend to move forward with this, I would recommend funds coming out of Fund 111 Reserves. I am not comfortable with this however, I feel that the Vanderbilt MSTU should fund any Master Plans they want done just like the rest of the MSTU's fund all of their needs. Sharon Newman Transportation Accounting Supervisor ..... Original Message ..... From: pfince_v Sent:: Thursday, October 23, 2003 8:08 AM To: newman_s Cc: Petersen_b; HerreraGIoria Subject: FW: Funding Source Goodmorning Sharon, I haven't heard from you as a response to the below e-mail. When you get a free moment would you be able to recommend a funding source? Val ..... Original Message ..... From: prince_v Sent: Tuesday, October 14, 2003 9:31 AM To: newman_s Cc: Petersen_b; HerreraGIoria Subject: Funding Source Sharon, prince_v From: flagg_d Sent: Tuesday, October 28, 2003 8:52 PM To: prince_v Cc: sillery_t Subject: RE: Funding Source 1611 Val, Norm wishes to have the MSTU go via public petition to request the loan; not staff. The stormwater situation is different in that there is no committee. I'll get with Norm once you verify that we definitely do not have enough money budgeted to maintain the stormwater MSTU's. Please verify as soon as possible. ..... Original Message ..... From: prince_v Sent: Tuesday, October 28, 2003 6:30 AM To: flagg_d Subject.' FW: Funding Source Diane, According to the below e-mail, the MSTU can still borrow the funds. Does this solve the Storm Drainge funding problem? Tessy said that Sharon did the Storm Water budgets for FY 03~04. Val ..... Original Message ..... From: Feder_N Sent: Friday, October 24, 2003 8:06 AlVl To: smykowski_m; newman_s Cc: flagg_d; Petersen_b; prince_v; lulich_P Subject: RE: Funding Source We have different approaches for all the old MSTU's. We brought issue to a head and went to the BCC and they agreed with our efforts to bring order to the process and identified the "prior committments" they wanted to honor and that all others and new would follow standardized process. This effort by Diane and staff was the 1st step and helped support the Landscape Master Plan approved by the BCC. Anything beyond the scope or ahead of scedule of the Master Plan needs to be done by MSTU. An MSTU can, if funds are available and they are preapproved, get a loan for a short period against future MSTU revenues. We do not want to encourage the "let's make a deal" free for all that we had before. Norman ..... Original Message ..... From: smykowski_m Sent: Friday, October 24, 2003 7:56 AM To: newman_s Cc: Feder_N Subject.' RE: Funding Source First, Verify the facts re 50% funding. Mike ..... Original Message ..... From; newman_s Sent: Friday, October 24, 2003 7:49 AM To.' smykowski_m Cc: Feder_N Subject: FW: Funding Source Mike, 16il Here is Val's response. Based on Norman's direction of a loan only and I agree with this, we do apparently have some history of the BCC funding 50% on 2 others. I have not looked into this to verify if this is correct or not. How do you want us to proceed? Sharon Newman Transportation Accounting Supervisor ..... Original Message ..... From: prince_v Sent: Thursday, October 23, 2003 3:44 PM To: newman_s Cc: Petersen_b Subject: RE: Funding Source Sharon, That is incorrect the BCC has entered into 50/50s with Immokalee Beautification MSTU and GoldenGate Beautification MSTU on their capital landscape projects. They also have done similar in past agreements with developers. I will proceed with the ES using Fund 111 Reserves as a staff recommended source. Thanks for your recommendation. Val ..... Original Message ..... From: newman_s Sent: Thursday, October 23, 2003 8:38 AM To: prince_v Cc: Petersen_b; HerreraGIoria; Feder_N; flagg_d Subject: RE: Funding Source Sorry Val, I did not see this original email. Based on passed experience the BCC does not fund any work within the MSTU's. They will however loan funds on a repayment basis back to the BCC. If you intend to move forward with this, I would recommend funds coming out of Fund 111 Reserves. I am not comfortable with this however, I feel that the Vanderbilt MSTU should fund any Master Plans they want done just like the rest of the MSTU's fund all of their needs. Sharon Newman Transportation Accounting Supervisor ..... Original Message ..... From: prince_v Sent: Thursday, October 23, 2003 8:08 AM TO: newman_s Cc: Petersen_b; HerreraGIoria Subject: FW: Funding Source Goodmorning Sharon, I haven't heard from you as a response to the below e-mail. When you get a free moment would you From: Sent: To: Cc: Subject: V Feder N Thursday, October 23, 2003 3:51 PM Petersen_b; newman_s; prince_v HerreraGIoria; flagg_d RE: Funding Source The 2 studies were/are different (hopefully). We do not provide funding to MSTU's, other than loan against future revenue where possible and pre-approved. Norman ..... Original Message ..... From: Petersen_b Sent: Thursday, October 23, 2003 3:13 PM To: Feder_N; newman_s; prince_v Cc: HerreraGIoria; flagg_d Subject: RE: Funding Source I believe the issue with the committee is that the county spent a large sum of money on a master plan for Naples Park, which has not been appreciated by all, and they feel that it would be fair for the county to participate in the Master Plan for Vanderbilt Beach MSTU as well. They do have money, although they "lost" approximately $350,000.00 recently when the appraisers office discovered they had included about 1200 properties that were not in the boundaries of the MSTU and had to issue refunds for those taxed that are not in the MSTU. This also set back their projected income, and may change their ability to accomplish the improvements the community wants. The committee voted for us to ask, so we did. ..... Original Message ..... From: Feder_N Sent: Thursday, October 23, 2003 3:06 PM To: newman_s; prince_v Cc: Petersen_b; HerreraGIoria; flagg_d Subject= RE: Funding Source Only as loan... Thought they had $?? ..... Original Message ..... From: newman_s Sent: Thursday, October 23, 2003 8:38 AM To: pdnce_v Cc: Petersen_b; HerreraGIoria; Feder_N; flagg_d Subject: RE: Funding Source Sorry Val, I did not see this original email. Based on passed experience the BCC does not fund any work within the MSTU's. They will however loan funds on a repayment basis back to the BCC. If you intend to move forward with this, I would recommend funds coming out of Fund 1 11 Reserves. I am not comfortable with this however, I feel that the Vanderbilt MSTU should fund any Master Plans they want done just like the rest of the MSTU's fund all of their needs. Sharon Newman Transportation Accounting Supervisor ..... Original Message ..... From: prince_v Sent: Thursday, October 23, 2003 8:08 AM To: newman_s Cc: Petersen_b; HerreraGIoria Subject: F~V: Funding Source Goodmorning Sharon, I haven't heard from you as a response to the below e-mail. When you get a free moment would you be able to recommend a funding source? Val ..... Original Message ..... From: prince_v Sent: Tuesday, October 14, 2003 9:31 AM To: newman_s Cc: Petersen_b; HerreraGIoria Subject: Funding Source Sharon, The Vanderbilt Beautification Advisory Committee has contacted Wilson Miller to provide an overall Master Plan for the MSTU. At their last meeting the Committee asked staff to draft an ES and see if the BCC would go 50/50. Based on your knowledge of the varoius funds where would you suggest the funds could come from, if the BCC would do the 50/50? WilsonMiller Fees are expected to be around $80,000.00. ($40,000 - MSTU and $40,000 - BCC) Val Fiala ./ Halas ~'-,"'" Henning--- V'/./ Coyle t/ Coletta ...... ~, .'-"'~ -~ 2003 AAvlsoev ~o~ifl~ 2705 Horseshoe Drive South Naples, FL 34104 November 5, 2003 AGENDA II. III. IV. V. Xo CAlL MEETING TO ORDER ATIYAXq)ANCE APPROVAL OF MINUTF_3: October 2, 2003 APPROVAL OF AGENDA TRANSPORTATION SERVIC"ES REPORT: A. Budget Report LANDSCAPE MAINTF~ANCE REPORT: OLD BUSINESS: Proposed Turnaround/North end of Gulf Shore Dr. B. Benches C. List of Addresses - Bob Petersen NEW BUSINKSS: A. Applications for Membership PUBLIC COMMENTS AD JOiNT The next meetin9 is scheduled for ~:00 PM, December 47h, 2003 AT ST. JOHNS CATHOI.[C CHURCH 625 111TM Ave. ~'~ N~ples, FL A~tvtso~¥ ~om~ttt~ 2700 Horseshoe Drive South Naples, FL 34104 October 2, 2003 M~lutes III. Vo Meeting was called to order by Dick Lydon at 2:00 PM. ATI'ENDANCE: Committee Members: Dick Lydon, Carol Wright, BJ. Savard-Boyer, Charles Arthur, Bud Martin-Absent Collier County: Bob Petersen & Val Prince - Landscape Operations Others: Brent Bixby-Commercial Land Maintenance, Dayna Frederick- Wilson Miller, Fred Schmidt-resident, Sue Chapin-Manpower Services APPROVAL OF MINUq~S: September 4, 2003 BJ. Boyer moved to approve the minutes of the September 4, 2003 meeting. Second by Carol Wright. Carried unanimously 4-0. APPROVAL OF AGENDA: Add - under New Business "B" Committee Members. B J. Boyer moved approval of Agenda with the above addition. Second by Charles Arthur. Carried tmanimously 4-0. TRANSPORTATION SERVICES REPORT: A. Budget Report - Val - Budget sheets were handed out (attached). Val covered the Expenses and Revenues from September. Covered the 10/03 - 9/04 budget sheets. - The physical monies are invested into interest bearing accounts through the Cotmty. - Cannot open any Purchase Orders until next week. - Reserve Capital is approx. $635,000. (May change when account is actually dosed.) Approx. $300,000 will be carried over. - If the account set up for Wilson Miller for the Master Plan is not enough - monies will be taken out of the Reserves. Carol Wright moved to approve the Budget as presented. Seconded by Charles Arthur. Carried unanimously 44). LANDSCAPE MAINTENANCE REPORT: Brant Bixby/CIM It was noted a solenoid was broken in the irrigation and someone tamed it off. When that happens again the Committee was informed they can call Commercial Land Maintenance or the County and they will take care of it immediately. - Some Ixoras still yellow but better. - Scheduled maintenance with fertilizer. - Will do some cut backs with perenmals. - Trees will be trimmed along sidewalks. - Will thin and remove some of the thicker frees along the fight-of way to protect plants beneath the trees & prevent them from dying. (Committee wondered if this should be a County or MSTU expense.) - Fixed some broken imgalion heads. OLD BUSINESS: A. Proposed Turnaround/North end of Gulf Shore Dr. - no information at this time. Benches - Discussion followed on the finish of the benches, the cost involved and if insurance was received. Bob will check to make sure the Insurance payment went into the MSTU account and not the General Fund. BJ has volunteers to finish the benches and Brent will ask Robert if there is a recyclable plastic that can be used for future reference. Update on County Appraiser Information - Dick Lydon met with the County Appraiser and handed out a letter received from him. (Allached) A map was displayed showing millage areas incorrectly included in the Vanderbilt Beach Beautification MSTU for 20022. After review in 22003 it was discovered by their office of the incorrect taxing district millage rates at which time they notified the Collier County Budget Office. This then resulted in a reduction of approx. $341,640 in the 220022 taxes initially collected for the MSTU. A lengthy discussion followed on 2 areas of the map (166 & 169.) The Committee questioned whether all the taxes were returned as they felt a "portion" of the 9. areas should have been refunded. Dick mentioned there is a 50 page document of all the addresses of the names of everyone officially in the MSTU. Bob Petersen will get a copy of the list and continue the discussion at the November meeting. NEW BUSINESS: B. Committee Members - Dick mentioned BJ Savard-Boyer and Carol Wright's terms expire on the 13* of November. Terms are staggered. There is nothing in the Ordinance that states a committee member has to represent a specific area. 2 1611 BJ stated she will not put in an application for another term. Qualified registered voters may apply for the vacancies, q-'ne applications will come before the Committee and then to the Board of County Commissioners for appointment. Officer's terms are for one year and can be reappointed. Election of Officers will be held in December. A. Committee Discussion with Wilson Miller - Dayna Fendrick Dayna covered the "draft" handed out (attached) for their scope of services that had been streamlined for a cost savings to the MSTU for the entire Master Plan. She pointed out overlapping of services, hours for jtmior staff over senior staff, consensus plan reduction and less workshops and meetings that can be eliminated which will scale back the final cost of the Plan. Dick was not in favor of eliminating 2.1.5 that addresses the permit search to identity water management as they have a lot of problems with standing water in several areas. It was discussed whether the Board of County Commissioners would do a cost share with the MSTU for the Master Plan. Dick Lydon moved to present an Executive Summary to the BCC and request a 50/50 cost share of the Master Han. Seconded by Charles Dick amended his motion to read "not to exceed $40,000" - Charles seconded the amendment. Carried unanimously 4-0. Charles Arthur moved to accept the revised proposal from Wilson Miller for a total of $72,690 so an agreement can be entered into with the Vanderbilt MSTU. Seconded by Carol Wright. Carried unanimously 4-0. The next meeting will start at 1 ~0 PM on Wed., November VIII. PUBLIC COMMENTS - Lou Schmidt resident for 4 years and in the Naples area over 10 years. He is interested in what the committee is doing and would like to see several things take place over the next few years. Being no further business to come before the committee, the meeting was adjourned at 3:40 PM. The next meeting is scheduled for 1:00 PM, November 5th, ~003 AT ST. ,TOHN$ CATHOU:C CHURCH 6~5 111TM AV~. Naples, FL VaNd d Mt M I.TJ/L Advi~oe¥ ~o~ttt~ 2705 Horseshoe Drive South Naples, FL 34104 SUMMARY OF MINUTES October 2, 2003 I. Minutes and Agenda were approved unanimously. Transportation Services Report: Budget was handed out. Reserve Capital is approx. $635,000 with approx. $300,000 being carried over. If the account set up for Wilson Miller's Master Plan is not enough - monies will be taken out of Reserves. Budget was approved tmanimously. Old Business: C. Update on County Appraiser Information: Dick Lydon met with the County Appraiser and handed out a letter received from him (Attached) A map was displayed showing millage areas incorrectly included in the Vanderbilt Beach Beautification MSTU for 2002. This resulted in a reduction of approx. $341,640 in the 2002 ~xes initially collected for the MSTU. A lengthy discussion followed on 2 areas of the map (166 & 169). The Committee questioned whether all the taxes were returned as they felt "portion" of the 2 areas should have been refunded. VII. New Business: to Committee Discussion with Wilson Miller - Dayna Fendrick Draft was handed om (Attached). Dayna presented a streamlined proposal after which a lengthy discnssion pursued. It was discussed whether the Board of County Commissioners would do a cost share with the MSTU. Dick Lydon moved to present an Executive Summary to the B CC and request a 50/50 cost share of the Master Plan. Second by Charles Arthur. Dick amended his motion t read "not to exceed $40,000". Charles seconded the amendment. Carried unanimously 4-0. Charles Arthur moved to accept the revised proposal from Wilson Miller for a total of $72,690 so an agreement can be entered into with the Vanderbilt MSTU. Seconded by Carol Wright. Carried unanimously 4-0. CO IER COU NTY PROPER APPRAISE__ R 1611 September 29, 2003 Richard E. Lydon 450 Trade Wind~ Ave. Naples, FL 34108 Re: Vnnderbilt Bea----------------~h Beautification MSTU Dear Mr. Lydon: ordinance 2001-43 was approved tn 2001 crentmg me tyro v~ a millage rate for th~ ftrst timz bas~! on the taxable property value in 2002. Attached n~e the two millage area ~ of the Vanderbilt Beach Beautification MSTU _that. we reviewed during our meeting nad a copy of the beautification ~ ns defined in ~z ordinance. In 2002, this o~ce ~'eated a taxing aulhority (#173) for the MSTU. Unfortunately, we inad~ included areas outside the bom-atades defined in the ordinance (map#l). Th~ MSTU ~ have included millage areas 154, 164, 174,237 anda error was mad~ when we included in thz taxing authority me mma~ are~ aoove and 166 thru 169. There,, millage na~as 166, 167, 168 and 169 were incorrectly included in the Vanderbilt Beach Beautific~on MSTU for 2002 (see 2002 millage map #3) resulting in a taxable v~ae of over $1.8 billion. This taxable value was initially reported in May 2002 and certified for collection in November 2002. Consequently, taxes in the amount of $903,023 were levied. In reviewing the MSTU for 2003 our office discovered, the incorrect taxing district millage areas and notified the Collier County t~dgzt Office. In May of 2003 we provided an esfinmted preliminnty value of $1.2 billion for the taxing authority. MEMBER: FL ORE~ ASSOCtATION OF Pt~,OPER~ APPRAISERS, INTE~~ A~SOCtAT~ON OF ASSESSING OFFICERS 3285 'ran'kami R'ail Easf ~' Naples, ~ 34112-5758, t239) 774..8~41 · Fax: (239) 774-2077 'r~ $i.2 ~ ~ ~2003 iz~h.dm oni~ the ~m'em iS,i, i64, 174 Bna (/) -4 Z.-I --I Z m 1611 zo mO ~ , ZZ, m m m m ~ o o ~ 0 0 O0 0000000 0000000 0 4~ 0 00 O0 O0 O0 mOo ITl Z C:: ITl m 1611 §§§§o~o~oo o ~ g o o ggogoooooooo m z ~m rn 1611 00~00~ 0000000 ITl Z C: ITl ITl 1611 DRAFT TO: Mr. Robed L. Petersen Engineer II Collier County Transportation Operations Department 2705 South Horseshoe Drive Naples, FL 34104 FROM: DATE: RE: Dayna L. Fendrick, RLA, AICP Kevin G. Mangan, RLA Senior Associate Vice President, Principal ~,~.,~..,~,~.~,..~ on~ September 24, 2003 Professional Services Proposal for Vanderbilt Beach Beautification Master Plan 2 OVERVIEW 1.1 WilsonMiller, Inc. ONilsonMiller) has been selected to render Master Planning services to Collier County Transportation Department (Client) for the Vanderbilt Beach Beautification (VBB) Master Plan (Project). 1.2 The Project includes approximately 4.8 miles of roadways, including Vanderbilt Drive, Vanderbilt Beach Road, Gulf Shore Drive and Bluebill Avenue. The limits of the MSTU District are shown on Exhibit A. The Project is generally described as design of streetscape improvements including elements such as traffic calming, bikeways, sidewalks, street lighting, burial of overhead utility lines, entry monuments, landscape and street furnishings. 1.3 The Project will be funded primarily through the VBB MSTU, and the design will be subject to review and approval by the VBB MSTU Advisory Committee (Committee) and the Client. 1.4 This Work Authorization will be administered under the current Agreement for Professional Landscape Architectural Services. SCOPE OF SERVICES 2.1 Data Gatherinq & Analysis 2.1.1 Review and evaluate the following information to be provided by Client: Existing roadway record drawings/as-built drawings for purposes of locating pavement, underground utilities, drainage structures and water management areas, easements and other elements that could impact design. Bicycle and pedestrian crash data~ for the last five years. 9/24/2003-127125 Ve~ 021- DFenddc c^~43 Z555~55~555- - 0 Mr. Robed Petersen 1611 Page 2 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8 2.1.9 · Traffic volume and speed survey data. · Intersection geometries for the four major intersections. · Turning movements counts at the four major intersections. · Previous beautification plans and/or other relevant studies. Ongoing transportation plans for the potential turnaround at Gulf Shore Drive and Bluebill Avenue, and the sidewalk at the south end of Gulf Shore Drive. Conduct traffic counts at 4 locations. Compile existing relevant maps, aerials and photographs. Identify and document existing street furniture, signage and landscape treatments and areas of potential opportunity. I .................. ~., ........................... ve Q ~,u .............. ~.,,,.,,,--, Coordinate with an FPL representative to determine criteria and costs for burial of overhead lines. Prepare base data for master planning utilizing the Planimetric Data provided by the Property Appraiser's office, in conjunction with Collier County aerials and the roadway record drawings provided by Client. Base data may be sufficiently accurate for planning purposes, but will not be appropriate for the next phase of construction documentation. Evaluate the information gathered, and prepare a Site Opportunities and Constraints summary. The summary may be in freehand graphic form, '-, ,;'~'~;"'~- with ~,.,4 ,.,., ~ ........ ,,~ th.. ~.¢ .... *;'"" gathered *'"' '~°*'~b,;°k ~ .......... notes re,qardin,q existing conditions and implications for the location and design of site improvements. Prepare a news release for distribution to the MSTU Community through the newsletters of the Vanderbilt Beach and Bay Association and the Vanderbilt Beach Property Owners Association. The purpose of the news release will be to inform the community and to introduce the master planning project. 9/2412003- 127125 Ver: Z5555-555-555- - 0 Mr. Robert Petersen 1611 Page 3 2.2 2.3 2.4 2.1.10 The work products of Data Gathering & Analysis will include: · AutoCad base maps overlaid on aerials · Site Opportunities and Constraints graphic summary · Press release Additional Data Collection As part of the existing conditions analysis, it may be determined that additional data are necessary to further the development of the Master Plan. Data collection may include additional traffic counts at key locations, turning movements counts, speed and delay studies, origin/destination studies, survey base data, rectified aerial photography, etc. If it is determined that additional data collection is needed, the scope of such will be discussed with the Client Project Manager. Preliminary Plans 2.3.1 Prepare up to three conceptual alternatives for the defined roadways, including typical plans and cross-sections, color renderings and image boards. Plans will address the program elements listed in paragraph 1.2. 2.3.2 Prepare an order of magnitude opinion of cost as a comparative analysis of the range of alternatives to facilitate the decision-making process. 2.3.3 Organize and facilitate one community workshop, to be held at a regularly scheduled Advisory Committee meeting. The purpose of the workshop will be to review the preliminary plans, solicit community feedback on the preliminary alternatives, and select preferred alternatives. Wilson Miller will prepare a news release to advertise the workshop, which will be distributed to the community through the newsletters of the Vanderbilt Beach and Bay Association and the Vanderbilt Property Association. The news release will also be provided to the Naples Daily News for a wider distribution. 2.3.4 The work products of Preliminary Plans will include: · Preliminary plans and sketches (1 full size color plot of each sheet, mounted on boards, and 10 reduced copies of each sheet) · Press release · Opinion of cost (10 copies) Consensus Plan 2.4.1 Summarize comments gathered at the community workshop to ascertain preferred alternatives and guide design decisions. A~Mark- up and redline the preliminary plans to ~reflect community comments and Committee input, and prepare eric concc,-.sus ~!an one tissue overlay that represents the consensus plan. 9/24/2003-127125 Ver: 021- DFendnc CA~43 Z5555-555-555- - 0 Mr. Robert Petersen Page 4 2.5 2.4.3 Prepare a preliminary phasing plan to prioritize improvements and illustrate the potential incremental implementation. Phasing plan will be a freehand .qraphic on tissue, with notes. 2.4.4 Meet with Client and Committee to review consensus plan, opinion of cost and phasing plan and-to confirm goals of Committee and community are reflected. 2.4.5 The work products of the Consensus Plan phase will include: · Consensus plan/'~ ~' '" o; .... ,~"r, "'""*o "d ~ n ,,~,~ .... ,~ ,-,,~ ..... ~ (1 tissue overlay and 1 full size color scan). · Prelimina~ phasing plan/q ~'''' "~ .... ~, ,~,o and "n ,~ .... ~ ~, ~(1 tissue overlay and 1 full size color scan). Final Master Plan 2.5.1 Based on Committee and Client's review and approval of the consensus plan, incorporate comments and proceed with final master plan refinements. The final master plan will reflect the defined program elements, which may include: · Traffic calming techniques and locations · Bikeways and sidewalks · Landscape design and plant palette · Street lights, street furniture and special paving materials · Entry monuments and signage concepts · Burial of overhead utility lines 2.5.2costPreparebasedan on"~'"""'~"~'""the""' final' v, '-f ~.,"-'"h"h~'~masterW~.,,~plan.COnstruction ,.,-,o+w~. a conceptual opinion of [ 2.5.3 Prepare a phasing plan. 2.5.4 Prepare a Final Master Plan Report summarizing the master plan recommendations, phasing, opinion of cost, and outlining the long-term vision of the master plan. 2.5.5 Present the Final Master Plan to the Committee and MSTU Community at a regularly scheduled Committee meeting. WilsonMiller will prepare a new release to invite the community to review the final master plan at the meeting. The news release will be distributed to the newsletters of the Vanderbilt Beach and Bay Association and the Vanderbilt Property Owners Association, and the Naples Daily News. Collier County Commissioners will be invited to the meeting as well. 9/24/2003-127125 Vel: 02N DFeflddc Z5555-555-555- - 0 Mr. Robert Petersen Page 5 3 2.5.6 Provide the Final Master Plan to be scheduled on the Board of Collier County Commissioners agenda for adoption. 2.5.7 The work products of the Final Master Plan phase will include: · Final master plan (3 full size color plots and 10 reduced size color copies) · Opinion of cost (10 copies) · Phasing plan (3 full size color plots and 10 reduced size color copies) · Final master plan report (15 copies) · Press release 2.6 Reimbursable Expenses Expenses for blueprints, reproduction services, database searches, color graphics, overnight express delivery service, travel and long distance telephone calls shall be reimbursable to WilsonMiller. ASSUMPTIONS 3.1 The design work will commence approximately in the fall of 2003 and will be completed by the end of March 2004. This time frame will allow for the review and participation of seasonal residents of the community. Should the time frame extend beyond the proposed schedule throuqh no fault of WilsonMiller, Inc., WilsonMiller will be entitled to additional compensation, to be identified at such time as the schedule is adjusted. 3.2 WilsonMiller representatives will attend the monthly meetings of the Committee during the specified time frame, including the two meetings at which the public workshop and presentation will take place. Should any additional meetings be requested or necessary, they will be performed as additional services. 3.3 The Client will provide the information outlined in paragraph 2.1.1. Should it become necessary for WilsonMiller to collect a portion of the information, the scope of such data collection will be determined with the Client Project Manager, and will be provided as additional services. 3.4 The bicycle and pedestrian crash data outlined in paragraph 2.1.1. will be provided in a summarized, digital format. - 9/24/2003- 127125 Ve~: 02~- DFenddc Z5555-555-555- - 0 Mr. Robed Petersen 4 FEES The fees for SCOPE OF SERVICES as defined in Section 2 shall be as follows: Paragraph Description Fee Type Amount 2.1 Data Gathering and Analysis Fixed ,.~.¢'~'~r,,,,..,.,.,.'~n ~n ~;20,250.00 2.2 Additional Data Collection Fixed TBD 2.3 Preliminary Plans Fixed ,,,--.,-.-,,..--,.¢°n ~n r~n $18,640.00 2.4 Consensus Plan Fixed $-! 2,400,005 6,560.00 2.5 Final Master Plan Fixed ~ $24,740.00 2.6 Reimbursable Expenses T/M/E ,,¢ ,_,,.,,...vv° ~n~ r~n . $ 2,500.00 TOTAL ~ ~72~690,00 9/24/2003- 127125 Vet: 021- DFenddc Z5555-555-555- - 0 1611 m m ~ ~ Z Z 0 0 0 0 0 0 0 0 0 0 0 0 0 z rfl r- -I -I m Z '= m '-, - - m ~'~ _o ,,,z 8=~ ~ ~, o-~'~ io- g g o gm o° ~ ~ ~ m ~- ~ ~ o < o ~ ~ -' Z -. C m ~ =3' 0 o o I-- '-'1 z_.~ m.m. ~o mee zO ~i oo ~o~~o~ o~O ~ ~~oo m~ ' ITl o o o o o o o o o o m~_ o ooooooo oooo oooo 0 , , 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rn ~ mm 'o ~ i me~ Z~ oooo oooo oo o -r · , ~ ............. ~ gi g8oooooO8oO 0880 oo o o ,.o ~ ~ :-t -r om ,.e o o ,,~ o roo c~.m o m o o .o .o o o o o o'.o o .o .o .o .o o o o o rn ooi oo ,bbbb oooo m 0 0 0 0 0 0 0 0 0 0 CD 0 0 I11 Z 8 Z '0 0 m '13 Z m m m ITl m Fiala , Halas Henning Coy!e Coletta DATE: PLACE: TIME: COLLIER COUNTY AIRPORT AUTHORITY AGENDA December 8, 2003 Marco Island Executive Airport, 2003 Mainsail Drive, Conference Room, Naples, FL 1:00pm II. A. Co mo Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. Pledge of Allegiance and Invocation Approval of Agenda Consent Agenda 1. Minutes of November 10, 2003 .................................................................. Pg. 1 Capital Improvements 1. FAA Grants .................................................................................................. Pg. 9 Administrative 1. Florida Tradeport Update ............................................................................. Pg. 12 2. Update of Immokalee Manufacturing Facility II ......................................... Pg. 13 3. Monthly Financial Statements ..................................................................... Pg. 14 Old Business 1. Disadvantaged Business Enterprise Plan ..................................................... Pg. 16 New Business Public Comment Announcements Halas ~,//' - Henning ~., _- Coyle ., Coletta 1611 "! AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, DECEMBER 04, 2003, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE' LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED l0 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE. PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NOTE: The public should be advised that two (2) members of the Collier County Planning Commission (Dwight Richardson and Bob Murray) are also members of the Community Character/Smart Growth Advisory Committee. In this regard, matters coming before the Collier County Planning Commission may come before the Community Character/Smart Growth Advisory Committee from time to time. PLEDGE OF ALLEGIANCE ROLL CALL BY CLERK ADDENDA TO THE AGENDA - The CCPG decided last night (11/24/03) to hear certain LDC amendments at their regularly scheduled meeting on December 4th. The amendments that will be heard are the CCSL Variance, building heights, and ground or pole signs. Advertising is not needed for this as it is a continuation meeting, but the agenda will need to be revised. Also, at 5:05 p.m. on that date, they will hear the issue of the potential extension of the VBRTO moratorium. This was advertised, so it is time certain and obviously will not be heard at the regular meeting. PLANNING COMMISSION ABSENCES APPROVAL OF MINUTES - NOVEMBER 6, 2003, AND THE LOC MEETING M~SOF NOYEMBER 13, 2003 scc REPORT- CAPS- NOVEMBER 3, 2003 WOR :S.OP AND NOVEMBE rt 3 REG. MTG. CHAIRMAN'S , PORT COpieS 1611 8. ADVERTISED PUBLIC HEARINGS ADVERTISED PUBLIC HEARINGS Ae PUDZ-2003-AR-3665, Vincent A. Cautero, of Coastal Engineering Consul[ants, Inc., representing Gates McVey-' Knopke, LLC, requesting a rezone from the "A" Rural Agricultural zoning district to a "PUD" Planned Unit Development district to be known as the Lemuria PUD. This project will consist of 72 residential dwelling units for a density of 2.97 dwelling units/acres. The property to be considered for this rezone is located on the east side'of Goodlette-Frank Road; north of Orange Blossom Drive; South of Vanderbilt Beach Road, and adjacent to and south of the Collier County Carica Road Water Storage and Pump Station, in Section 3, Township 49 South, Range 25 East, Collier County, Florida, consisting of 24.21+ acres. (Coordinator: Fred Re. ischl) PUDZ-2003-AR-3905, Terry Kepple, of Kepple Engineering, Inc., representing Stewart Marcus, requesting a rezone from "RSF-1" to "PUD" Planned Unit Development to be known as Carlysle Regency PUD. Project will consist of a maximum of 35 residential dwelling units and is located at the southeast comer of the intersection of Orange Blossom Drive and Yarberry Lane, in Section 2, Township 49 South, Range 25 East, Collier County; Florida, consisting of 11.7_+ acres. (Coordinator: Fred Reischl) Ce RZ-2003-AR-4080, Jeremy Sterk, of Hoover Planning & Development, Inc., representing Lannar Partners, Inc., requesting a rezone from "GC" Golf Course to "CF" Community Facility for a church with a maximum of 513 seats. The subject site is located on the southeast corner of Rattlesnake- Hammock Road and Doral Circle, in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.06_+ acres.(Coordinator: Robin Meyer) / D. ,2003 GMP Amendment Petitions ! CPSP-2003-4: Amending the Future Land Use Element (FLUE) to add a new policy referencing the two Interlocal Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; referencing the Future Land Use Map (FLUM) Series depicting existing and future school sites and school support facilities; referencing a map of existing school and school support facilities in the FLUE support document; and, identifying zoning districts which allow and which do not allow school and school support facilities. Amending the FLUM Series to add new maps depicting sites upon which schools and school support facilities are located, and depicting undeveloped sites for future schools and school support facilities. Amending the Intergovernmental Coordination Element (ICE) to refer to the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners. } Amending the Golden Gate Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners and to cross-reference the FLUE and ICE policies and FLUM series. Amending the Immokalee Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners and to cross-reference the FLUE and ICE policies and FLUM Series. [Coordinator: David Weeks] CPSP-2003-5, Petition requesting text amendments to the Goals, Objectives and Policies of the Future Land Use Element and the Recreation and Open Space Element in order to incorporate the Community Character/Smart Growth principles adopted by the Community Character/Smart Growth Advisory. [Coordinator: David Weeks] CPSP-2003-6, Petition requesting the adoption of the County Manatee Protection Plan (MPP) and the amendment of the goals, objectives and policies of the County's Conservation and Coastal Management Element and the Future Land Use Element to establish the Manatee Protection Plan (MPP).[Coordinator: Darren Murphy] CPSP-2003-7, Petition requesting the adoption of a new Economic Development Element including goals, objectives and policies to the Growth Management Plan. [Coordinator: David Weeks] CPSP-2003-8, Petition Requesting amendments to the Capital Improvement Element (CIE), Transportation Element, and Future Land Use Element to revise Transportation Concurrency Management policies to establish a real time checkbook concurrency management system; to establish two (2) Transportation Concurrency Management Areas (TCMA), and to adopt a Map of the proposed TCMAs within the Urban Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency Exception Area (TCEA), and to adopt a Map of the proposed TCEA within the Urban Designated Area on the FLUM; and to add policies providing for fairshare developer contributions to the Multimodal Transportation Work Program of a TCMA when directly impacting a detqcient road segment. [Coordinator: Stan Litsinger] CPSp-2003-9, Petition requesting change to Overlays and Special Features of the Land Use Designation Description Section of the Future Land Use Element, to certain noise contours as previously changed by Land Development Code amendment on June 14, 2000. [Coordinator: Marcia Kendall] 9. OLD BUSINESS / 10. NEW BUSINESS: 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 12/04/03 CCPC AGENDA/RB/Io 3 Henning- ~ -- Co~etta ~ -- AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, DECEMBER 18, 2003, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED .BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NOTE: The public should be advised that two (2) members of the Collier County Planning Commission (Dwight Richardson and Bob Murray) are also members of the Community Character/Smart Growth Advisory Committee. In this regard, matters coming before the Collier County Planning Commission may come before the Community Character/Smart Growth Advisory Committee from time to time. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDATOTHEAGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - NOVEMBER 20, 2003, AND THE LDC MEETING MINUTES OF NOVEMBER 20, 2003 6. BCC REPORT- RECAPS- DECEMBER 2, 2003 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS ADVERTISED PUBLIC HEARINGS 1611 BD-2003-AR-4820, Miles L. Scofield, of Scofie]d Marine Consulting, representing Damon Warfel, of DCS, Inc., requesting a boat dock extension for a facility protruding a total of 28 feet into the waterway. The property is located at 5336 Barefoot Bay Court, further described as Lot 5, Block A, Barefoot Bay. The property is in Section 6, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: loyce Ernst) BD-2003-AR-4821, Miles L. Scofield, of Scofield Marine. Consulting, representing Damon Warfel, of DCS, Inc., requesting a boat dock extension for a facility protruding a total of 28 feet into the waterway. The property is located at 5340 Barefoot Bay Court, further described as Lot 4, Block A, Barefoot Bay. The property is located in Section 6, Township 48 South, Range 25 East, Collier County, F]orida.~ (Coordinator: Joyce Emst) VA-2003-AR-4768, Craig R. Woodward, Esq. of Woodward, Pires & Lombardo, P.A., representing Albert Dowacter, requesting a 1.8-foot and a 7.3 foot after-the-fact variance from the required "MH-ACSC/ST" Mobile Home Zoning District with an Area of Critical State Concern/Special Treatment Zoning Overlay, side yard setback requirement of 7.5 feet to 5.7 feet for a shed on the north side of the property and a 7.3- foot after-the-fact variance from the side yard setback requirement of 7.5 feet to 0.2 feet on the south side of the property for a pool and screen enclosure. The property is located at 38 Clary Road, Plantation Island Unit 2, a platted but unrecorded subdivision, Lot 38, in Section 24, Township 53, Range 29 East,' Collier County, Florida. (Coordinator: Michael J. DeRuntz) PUDZ-2002-AR-3411, Robert J. Mulhere, AICP, of RWA, Inc, representing the applicants, Carl M. Nagel, managing panner of CDN Properties LLC, and Thomas Craig, Craig Construction and Restoration, Inc., requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development for a project to be known as NageI-Craig Business Park PUD to allow a maximum of 417,000 square feet of business park land uses in building not to exceed 35 feet in height for 37.5+ acres of property located on the west side of Collier Boulevard approximately IA mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: Michael J. DeRuntz) CU-2003-AR-4583, Beth Kosmerl/Stuart Kaye, of Ka'ye Homes, requesting Conditional Use//9 of the "E" zoning district, to allow the continuation of a Model Home/Sales Center per LDC 2.2.3.3. and 2.6.33.4. for 2.85 acres located at 910 39th Street S.W., further described as North 180 feet of Tract 151, Unit 27, Golden Gate Estates, in Section 14, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Michele Mosca) Fo CU-2003-AR-4799, Edward B. Hanf, of American Dream Builders, Inc., requesting Conditional Use 9 in the 'E" Estates zoning district for a model home and sales center per Section 2.2.3.3. of the Land Development Code. Property is located at 4050 13th Avenue S.W., on the southwest comer of 13t~ Ave SW and Collier Boulevard (C.R. 951) Golden Gate Estates Unit 26, Tract 119, in Section 15, Township 49 South, Range 26 East, Collier County, Florida, consisting of 5_+ acres. (Coordinator: Michael J. DeRuntz) 9. OLD BUSINESS 10. NEW BUSINESS: 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 12/18/03 CCPC AGENDA/RB/Io Hala~ Henntng_ ~oyle '~"~'~ C~e~a NOvember 6, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, November 6, 2003 LET IT BE REMEMBERED, that the Collier County planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Building "F of the Govemment Complex, East Naples, Florida, with the following members present: CHAIRMAN: Russell Budd Mark Strain. Lindy Adelstein Paul Midney Kenneth Abernathy Brad Schiffer Robert Murray George Evans ALSO PRESENT: Joe Schmitt- Comm. Dev. & Environmental Services Ray Bellows- Planning Services Marjorie Student- Assistant County Attorney Patrick White- Assistant Country Attorney ............................ : .... : 7': Fred Reischl- Dept. of Zoning Land De~yis~,~igw David Weeks- Planning Services Page 1 Copras 'ro: NOvember '6, 2003 Chairman Russell Budd called the meeting to order at 8:30 AM. Pledge of Allegiance was recited. Mr. Budd read into the record Mr. Murray & Mr. Richardson are also members of the Community Character Smart Growth Advisory Committee. In regards to matters coming before the Planning Commission may also come before the Community Character Smart Growth Advisory Committee from time to time. He requested speakers to make competent and credible testimony to the Planning Commission for recommendations. Not intended to be a dialogue between the Developer, petitioner and the members of the public. Comments should be directed to the Planning Commissioners. ' 2. Roll Call was taken and a quorum was established with Mr. Midney & Mr. Schiffer being absent. Addenda to the Agenda - Added "Update on Vanderbilt Overlay" under "Old Business". - Mr. Bellows announced Items 8A & 8B are continued to the November 20th meeting. Mr. Strain moved to approve the Agenda as amended. Second by Mr. Adelstein. Carried unanimously 7-0. Approval of Minutes - September 18, 2003 and October 2, 2003 Last page - Election of Officers - the last motion should read that Mr. Adelstein was elected for Secretary and not two motions hanging. Mr. Adelstein moved to approve the September 18, 2003 minutes as amended. Second by Mr. RiChardson. Carried unanimously 7-0. Mr. Strain asked if anyone has received copies of the presentation by Mr. Reynolds as stated on page 5 of the October 2nd meeting. The Commissioners have not received to date, but was told by Mr. Bellows they have them and will pass them out. Mr. Abernathy moved to approve the minutes of October 2, 2003. Second by Mr. Strain. Carried 7-0, Mr.. Schiffer arrived at 8:35 PM. Mr. Midney arrived at 8:40 PM. 5. Planning CommissiOn Absences - Calendar of Upcoming events - Wednesday, November 12th - 5:05 PM - Eastern Lands (Held in Chambers) Page 2 e 16 ! 1 *~ l~ovember 6, 2003 Thursday AM, November the 13th-8:30 AM- Held at Dev. Services on Horseshoe Drive - Conference room A1 & BI. Continuation of first meeting. It had been decided a second hearing would be held if there were reservations by a particular item by the members. Mr. Strain moved they plan and schedule two hearings on the Eastern Lands and all amendments in the second Cycle and some be scheduled at regular scheduled times during the day and not just at 5:05 PM. Second by Mr. Murray. Carried unanimously. 9-0. · The 12th - Eastern Lands Amendments. (5:05 PM) · The 13th - (8:30 AM) all day session to continue with the Vanderbilt Beach Overlay and Cycle 3 Amendments. · The 17th, 2:00 PM if needed. (Chambers) · The 20th is a regularly scheduled meeting (8:30 AM) plus Rural Lands. · The 24th - if needed. (5:00 PM) · The 1 st of December - if needed. Mr. Richardson-not available for November 17th-2:00 PM or Dec, 1st PM. Mr. Abernathy - not available for November 17th- 2:00 PM. Mr. Adelstein - may be late on November 17th - 2:00 PM. Report - Recaps - October 14, 200 The BCC approved the Conditional Use for Jerry Neal for earthmining and the Spinelli Rezone from Agriculture to RSF-4 - unanimously. Mr. Patrick White - Assistant County Attorney - wanted it clarified on their dates and times for advertising for the 2nd hearings. Mr. Murray moved to hear the 2nd hearing of the Land Development Code Cycle 3 Amendments on November 20th at 8:30 AM. Second by Mr. Midney. Any portion of that meeting can be rescheduled. Carried unanimously 9-0. Chairman's Report - none Advertised Public Hearings - Items A & B are continued. a.PUDZ-2002-AR-3158, Robert Mulhere, AICP of RWA Inc. and Richard D. Yovanovich, of Goodlette, Coleman & Johnson, Eco Venture Wiggins Pass Ltd. RequeSting to rezone a 10.45 acre parcel from C-4 to a Residential Planned Unit Development to be known as "Coconilla" PUD to allow for: a maximum of 112 units on Page 3 November 6, 2003 +/- 9.65 acres of residential development area for a resulting density of 11.6 dwelling units per acre, specifically including a 102 unit tower above the required Flood Elevation and in accordance with the provisions of Section 2.6.3.1 o~.t[~C~li~' Cou~nty LDC), 10 town home units, and a marina badm ~jIh~;2~oat slipg~and customary accessory uses, including a publicly acct~ible ship's store and marine fueling station of approximately 5000 square feet of c6mmercial space; and a +/- 0.80 acre Public Use tract providing for additional public vehicle and boat trailer parking to provide: support for Cocohatchee River Park, access to the marine ship's store, and egress to Vanderbilt Drive for park patrons to allow for safe egress via a protected northbound turning movement at existing traffic signal at Wiggins Pass Road and Vanderbilt Drive for property located on Vanderbilt Drive, at the western terminus of Wiggins Pass Road I Section 17, Township 48 South range 25 East. Ex-Parte Communications - Mr. Strain disclosed numerous e-mails and meetings with the applicant and his representatives, North Bay Civic Group and persons from Vanderbilt Beach. Mr. Budd, Mr. Murray, Mr. Midney and Mr. Schiffer all had the same. Those testifying were sworn in by Mr. Budd. PETITIONER Rich Yovanovich - Goodlette, Coleman & JohnsOn representing the Petitioner- introduced his team from Ecogroup and others. He wanted everyone to focus the discussion on what the alternatives are for the development of that particular parcel of property. It is zoned C4. They are requesting a conversion to a Residential PUD. Marina is closed, if the Residential petition is not approved, the zoning will stay at C4 and everyone will hear what the alternative development can be. A quality development, but not a Marina. A lot of misinformation on websites on what is, and what is not, being proposed was.. given: · Not proposing to develop a Trieste. · No fresh water spring on property · Boat docks will not be imposing on traffic in Wiggins Pass - will be dredging and not extending boat docks into the Pass. They are: · Taking 10.45 acre parcel zoned C4 and requesting a rezone to Residential PUD with 112 Units adjacent to County Park. · Adjacent to Pelican Isle (Residential Community) · Adjacent to Cocohatchee PUD (Residential Community) · Adjacent to Cocohatchee Residential Pod within the development. Page 4 loll ember 6, 2003 Asking for under 11 units per acre. Proposing a Public Fueling Station - revenues to County. Providing,a Ships Store open to Public. ~ Providing public parking on property to allow County Parks parking to increase for boat trailers - increase publics ability for boat launching. , · Providing 52 Wet Slips · Additional Mangroves - replanting and recreating. The Counties Comprehensive Plan has many goals and objectives, adopted in 1989 and wanting development commercial to be in the activity centers. They included adensity bonus conversion factor for an incentive for isolated commercial parcels to go away.. Density Bonus of 0-16 units per acre. Incentive applies on this property. Majority is in the Coastal High Hazard area. The tool of density bonus has been made available to convert commercial property to residential 'when not in an activity center. It is a range from 0-16 units per acre, they are asking for under 11 units per acre for the incentive to convert. The hurricane evacuation time in that part of Collier County - Level of Service is 18 hours. The evacuation model calculates 9.5 hours with their project. They are not threatening the adopted level of service and consistent with the Comprehensive Plan. The Counties Comp Plan with the density bonus conversion factor has been submitted to the Department of Community Affairs on many occasions and found their plan to be in compliance with Rule 9J5. Staff reviewed petition and determined conversion to residential makes sense. It is a reduction in traffic and intensity of use in the area. Addressed Conservation and Coastal Areas: · 3-2 vote recommending approval from the EAC (Environmental Advisory Committee). Needed a vote of 5 for official recommendation. · Have an ECO Management and Manatee Plan and addressed every issue regarding environment on the property. · Higher standard for Residential over Commercial frOm a pollutant standpoint. · Providing water dependent and water related uses. . Held many meetings with neighborhood, North Bay Civic Assn. and many other Homeowners Associations. They have committed to mitigation - includes contributing to the County $1M towards buying boater access within a defined area which is Vanderbilt Beach Road South, Bonita Beach Road north, the Gulf of Mexico West, and US 41 to the East. They are not diminishing beach accessi They will mitigate for the loss of beach access and fund the permitting and construction as a dock that will be used as a beach shuttle for Lely Barefoot Beach. Ed Oelschlaeeer - Ecogroup - gave a history and overview of his involvement in the community and projects they have done in the past. To name a few; Barefoot Beach Club, Pelican Isle, Sanibel Golf Village, and projects on Longboat Key and North Redington Beach. He is proud of their vision for the future and reputation. The Page 5 November 6, 2003 healthiest estuary comes through residential zoning. They have tried to debate the pros and cons, but sometimes difficult due to some of the rumors and falsehoods. A rumor has been noted that the owner, if the petition is denied, would bring another marina, which is completely false as Mr. Oelschlaeger has a Contract and will perform under those terms. Chris Oelschlaeger - Vice President - Ecogroup - A power point presentation was given of an overview of the issues for the Commissioners: · They are proposing a high level of benefits as well as lifestyle and character. · They are considering the implications of residential versus commercial. · Public water access is a concern. · Public/Private Partnership mitigation with the County to enhance the beach and water access. · $1M in funding for a Dock & Boardwalk at Lely Barefoot Beach. (Shuttle) · $1M mitigation fund - increase boat & car parking & across the street. · Allow County Park to expand parking onto their property. County will decide best way to deal with it. · Another 50 parking spaces created. · Cleaner water and soil. · Healthier Manatee and Eagles. · Increase in Tax and other Revenue for Collier County · Commercial uses would produce the most traffic - residential less traffic in and out of tourist season. · Pollution concerns - propose to eliminate and clean up poisons/metals and the carcinogens. Higher standards for residential clean-up over commercial. · Views and aesthetics were discussed. · Professional architecture and native plants will be used. · Not the only high rise in the area. (Gave & showed different views of the area) · Public/Private partnership given again with added fuel sales, ships store and other projects. · Complex decision. Robert Muihere - RWA - has worked with staff, neighbors and public in general addressing their concerns. The plan has been revised over the 18 month period. PUD allows for a 20 story building with number of floors necessary for parking underneath. Designated as urban residential sub-district. Error on map and when corrected, property is within the Coastal High Hazard area. There are some conflicting policies in the Comprehensive Plan. He discussed the density bonus and public expense within infrastructure within the Coastal High Hazard. They agree with the staff report. Page 6 lOvem~ber 6, 2003 The maximum density bonus units would be 13 dwelling units per acre, equating to a total of 16 - they did not ask for 16. Staffis suggesting, take the 13 dwelling units and split them in half- 6.5 units plus the base of 3 e.qualing 9.5'dwelling units. Their methodology is not much different from the staffs - they took the bonus and asking for 10. 7 units or the 112 units. He discussed the site plan and showed the parking area, ship's store, landscaping and set- backs. C4 Zoning District typical uses are Hotels, Office, Retail, Restaurants and other uses that are less likely could be; Fuel dealers, home improvements stores and sports arenas. Some marketable uses in developing a shopping center could be a Publix; waterfront restaurant, drug store, convenience store with gas and car wash and an office building of 75'. Setbacks shown on the visualizer. Cocohatchee PUD to the north is 20 storiesfor maximum of 200 feet. Building height shall be the vertical distance measured from the first habitable finished floor elevation to the upper most ceiling elevation of the structure. It is not measured for this PUD as the County Code requires be measured in general. Their PUD will be measured according to the Collier County Code. In conclusion he mentioned there are two issues - one is the compatibility with the Comprehension Plan, and they are compatible and consistent in every manner.. The staff report was well done and found there are some conflicts in the Comp Plan, but they are consistent in the conversion bonus, asking for slightly under 8 units per acre. Secondly the site design is more compatible than an alternative use on the site. Robert Hall - Executive Vice President of Architectural firm in Tampa He covered the various other projects they have been involved in. They bring a sense of beauty, order and place to the environment. He discussed design, heights, setbacks, landscaping and views with placement. Project has 112 units, 102 in main tower, 3,175 to 4,100 square feet in size with 6 units per floor. Marina Promenade there is 10 marina villas with approx. 3,800 square feet. This is a high end luxurious project. Two parking spaces per unit minimum with additional guest and boat trailer spaces. Building height is 225 feet from the base split elevation - 229 from grade and 260 feet to the tallest highest tip of the building'. He. compared it with the Trieste. Thad Kirkpatrick - Attorney - Cohen and Griggsby, representing the owners of Wiggins Pass Marina Property - he stated: · Owners have a history & concern for community. · Owner's intentions: private marina property is closed and no present intention for any use other than the proposed plan being presented. If denied, the highest and best use will be commercial other than a marina. · Owner owned property before Growth Management Plan was adopted. · Personnel within planning department who were present when the GMP was approved, have voiced the commission knew at the time of adoption there could Page 7 "~' ~Novemb~r 6, 2003 be instances to convert commercial to residential property within the High Hazard area and encouraged the possibility. · Personnel believed the density incentives to convert residential within future land use element should be the over arching element. · Owners hhve a right to rely upon what the GMP provides. · A result that would deny the owners what the GMP actually encourages for the property is unfair and inconsistent with what the government scrutiny and public meetings and citizen input have all culminated in the adoption of the GMP. · Compatible with the neighborhood and will create and provide economic benefits for increased boating and increased access to the gulf. 10:20 AM - BREAK 10:32 AM- RECONVENED Mr. Murray asked questions of the Petitioner concerning height restrictions, uses and the validity of residential being more or less valuable than commercial. Also - The hurricane evacuation is based upon a model. - The shuttle is donated by the County. (Easement discussed) - The eagle does not reside on their property - it is 1,500 feet away. They are going through a permitting process through US Fish & Wildlife and the Corp. of Engineers. - If not approved and a restaurant is built, there would be boater slips and docks. Only 90 feet would be available. Mr. Schiffer asked about why the environmenta! clean-up is different for residential compared to Commercial. Joe Tucker - MacTech Engineering - responded the State has adopted risk based guidelines for the clean-up of soil contamination. A site for residential has a higher risk of people of contaminants, therefore different standards. One of the contaminants on the said property is copper in soil. She read from her report on the parts per million that they are concerned about for residential and not commercial. Mr. Schiffer also asked about the parking into the entrance of Wiggins Pass. Mr, uulhere reSPonded there has been no final geometry design yet, Staff has cOnCerns .about stacking and onlY has a conceptual plan. Dialogue continued concerning the MaSter p1an With 3 tiered toWers the stories, height and location fOr each tier. There is one level of parking scheduled. Bob Hall showed on the visualizer the containment of the parking and elevations. Page 8 1 11 N°vember 6' 2003 Mr. Midney expressed his concerns of the Coastal Management Plan - and wondered why the Planning Commission had not been given any letter of recommendations from any of the Agencies such as the FL Fish & Wildlife Service. Mr. Yovanovich responded they are still going through the permitting process and do not have the final agency determination as to the biological opinion they are going to issue. The comments are in the plan and state they "shall be bound by" whatever the US Fish & Wildlife and Army Corps. of Engineers say they have to do.... Mr. Midney felt it minimized the role of the CCPC as a citizen's advisory group and need to have the benefit of their recommendation. ' ' Mr. Schmltt responded that those types of permits come after the rezoning and are part of the SDP approval process. No local development order can be issued with out the permits. The rezoning takes place with the. permitting process possibly taking a year. Mr. Midney asked why the Ecogroup is planning for wet storage and not dry storage. Mr. Oelschlaeger stated that people who purchase luxury condominiums typically would not want boat storage facilities located on their property and are inconsistent and not compatible with residential for aesthetic reasons. Mr. Adelstein discussed the density bonus and wondered if they arrived at the 8 units per acre because of profitability. Discussion followed on the density bonus and the economic viability - Mr. oelschlaeger stated he cannot do 6 units per acre. They have made many concessions to get where they are now and if not approved, will be commercial. Ray Bellows asked everyone to look at page 11 of the staff report. They calculated the density to help protect residential communities from pre-existing commercial zoning. (Outside the Activity Center) They came up with 9.5 units and Ecogroup is asking for 10.7 units. .. Mr. Abernathy was interested in the ownership of the property. The answer was it is conditional on rezoning, but if not rezoned Ecogroup still has the option to purchase the property or walk away from it. Mr. Abernathy is also concerned about the Coastal High Hazard area and conversion of density bonus. Mr. Richardson asked about the Eagle and the Environmental Report. He read from the. report about the height of the tree. The height of the building is to be limited to the height of the tree with the' eagles nest. These have all been related to the Departments for the permitting. Chris Oelschlaeger - they have focused on the biological issue of the Eagle and nesting season. The issue is not to cause the birds to abandon the next, but failure to have a productive nesting season. They consulted with Linda White from the Florida Audubon Page 9 November 6, 2003 and other experts. The Manatee is far more threatened and endangered and will benefit more by the project. They are concerned in regards to both the Eagle and Manatee. They are going to hold aa educational seminar for the workers. A lengthy discussion pursue& Mr. Richardson,asked Mr. Mulhere about a calculation - .45 submerged - included in calculations - he understood in Collier County they passed Ordinances that excluded submerged lands from density calculations. If it is not based on the Uplands, they need to recalculate it. They will correct the numbers. Mr. Oeischlaeger does not have the authority to agree to the reduction of density, but Mr. Pranzo does and can speak to it. Mr. Kirkpatrick clarifies that the Commissioner is asking t° agree to the density that the staff is recommending. They will calculate the numbers and get back to them..43 acres needs to come out. Mr. Richardson also asked about the information on Hurricanes. Barbara Kreschone talked about the model they developed, adding the total number of units to the model and had mn it again. In that scenario, the evacuation was not changed. It included the number ofunits projected to the year 2005. Zoning re-evaluation was discussed. A map was shown on the visualizer. It showed the whole County is subject to flooding. Conversion for commercial was discussed and in order to convert commercial they would need a higher density than the base of 4. That is a base unit of 4 units per acres. The areas are treated differently because they are different making the evacuation times different. A category 1 and tropical storms were discussed. Mr. Strain mentioned the adjacent zoning being talked about and the compatibility with other projects. He asked several questions concerning the zoning, building heights and density of the surrounding areas. He didn't think they were compatible with densities in that area. The GMP refers to gross density and calculations for PUD's. Mr. Mulhere answered it does in calculating density - but not in compatibility. He referred to the site plan for Cocohatchee PUD. Mentioned the submerged lands, golf course and wetlands. He stated the project is compatible with the residential development to the north. Mr. Strain talked about the reason for conversion of commercial zoning was to get rid of the slip Zoning. There was dialogue between Mr. Strain and Mr. Yovanovich concerning the conversion to commercial, the density bonus and RMF16, development standards, setbacks and PUD's compared to a straight rezone. Mr. Strain asked about the categories of hurricane storms and the evacuation areas which are two (I75 and 846) in which are a level of service "F". He quoted parts of the Land Development Code. Page 10 15 il ~li~.~vCmb;r 6' 2003 Mr. Stain stated there are conflicting errors in the Growth Management Plan. They need to be corrected. Discussion followed on recreating mangroves, traffic flow patterns and reductions, par,ki¢go park use, maintaining easements, boat Slip sizes and boat trailer parking spaces being up to 21. .STAFF Fred Reischl - DePt. of Zoning Land Development & Review - their analysis found the PUD is compatible with surrounding properties. Building height does provide from transition from Pelican Isle to the future Cocohatchee Bay height. Found consistent with GMP. Decided to get objective in a subjective area and gave. both components of the GMP equal weight. Thus the density of 9.5 units per acre. If not to give both ' components equal weight, they rely on the Commissioners. David Weeks - Comprehensive Planning Dept. - the density rating system, density bonus, is applicable to the entire property. As a marina, ~t could be a commercial or water related use - a portion of the property is marina use but an accessory to the function to the property as a residential use. The residential density is based upon the entire acreage of the property. Thinking of it and treating it as marina use, made more sense to Mr. Richardson. Further discussion followed on the marina, slips utilized to the public and unit owners and density. Maria Ramsey- Parks & Rec Director.- Page .6..7, Element 6.17 -Provisions for enhancing public beach access and water access for boaters and enhancement facilities at the Cocohatchee Park was addressed. Some of the other issues addressed were: · BarefOot Beach Boardwalk and dock facility - could have conflict with how much the public will utilize the facility and might take away some control on capacity. Would like that particular statement struck dealing with the above. · 6.17D - Boat parking lot area - would like to have money up front, instead of at the end of the CO's. · Park should be owned by County and not Developer if it is truly going to be a park. · 16.17B - clarification on the overhead cost profits for fueling station being related to the gas related element state. · Egress from the Park accessing the light - concern of people using the park as a shortcut to the light, traffic needs to be addressed. · Ships Store - access will'be through the park and been addressed. Mr. Murray supported 6.8 - In perpetuity issue. Mr. Schiffer asked about the tram or boat shUttling issue. Ms. Ramsey stated there is nothing in place at this time but looking to the future through contract. Marjorie Student - Assistant County Attorney - as part of the Coconilla PUD she has not been given the language 6.17 for review for legal sufficiency. She had a concern Page 11 November 6,'2003 about Item B - legal strictures on how the County can get funds from individuals, such as taxes or impact fees. She would need to know what they are for. She would need to do some research. If profits are paid to the County, she needs to know what they would be used for. Ms. Ramsey responded "General Fund Revenues". Ms. Student had a legal concern about that issue. Mr. Richardson is very concerned whether the Parks & Rec would be able to go ahead with the projects in their master plan if they did not have the. funds from the development. Ms. Ramsey responded they would be building them and looking for other funding sources. She stated the PUD is consistent with the GMP and the boat access report, recently approved, but wanted to let the Commissioners know what issues they are concerned about. .. Mr. Murray asked about the State Audubon Society concerning the Eagles and wondered if staff had any familiarity with the intended plan presented to them. Barbara Burgeson - Environmental Services Planning - a meeting with the Developer a few months ago, had stated there would be some additional conditions incorporated into their Bald Eagle Management Plan. Barbara had not spoken with the Audubon Society directly. The Counties recommendations were to use the guidelines as written to construct below the height of the nest and outside nesting season. Language in the GMP would accept modifications, so if the US Fish & Wildlife Service gave modifications, they would have to find it consistent with the GMP. She does accept the plan as it "will" be amended. The changes will be paragraph two of the Collier County Society letter. Mr. Adelstein calculated the average of the density in the surrounding area as 3.83. 12:13 PM - LUNCH 1:17 PM - RECONVENED Being there are many speakers, discussion was held on the time limit for speaking. Mr. Adelstein moved to limit 3 minutes for each speaker and 5 minutes those representing an Organization. Second by Mr. Strain. Carried unanimously 6-0. SPEAKERS Those speakers "supporting" the Residential Rezoning and comments: Ann Frees - 410 Eden Bay Dr. Maintain integrity of the area and safest option. JoAnn Johnson - 325 Steerforth Ct. Carolyn Bracci - 3334 Steerforth Ct, Keeping uniformity. Minimal traffic. More traffic if commercial. John Findley - 912 Adelphi Court Page 12 Hazmet responder - working with safety issues in the County. Supported the hurricane report, the Manatee Plan and boat ramp having adequate spaces. Joe Moreland - Vanderbilt Drive - Pelican Isle. Represented himself and 400 members of Pelican Isle, other residents and many from the Yacht Club. Fiduciary duty to Collier County. John Lawrence - 435 Dockside Drive - Pelican Isle Impressed with Developer exceeding expectations. ~. Lesley Brookman - 435 Dockside Drive - Pelican Isle Financial tax benefit. Concerned about traffic on Vanderbilt Dr. if commercial. Don Neal - 425 Dockside Dr. - Pelican Isle' Experience with Developer - exceeded expectations. " Felix Jarczyk - 10310 Gulf Shore Dr. Should not be commercial. Sylvia Neai - 425 Dockside Dr. - Pelican Isle wonderful plan. High esteem for developer. Ben Briskey - 4236 Crayton Road Asset to County. Mike Peveleu - 435 Dockside Dr. - Pelican Isle Pamela Peveleu - 435 Dockside Dr. - Pelican Isle Enjoy the wildlife and water. Supports the setbacks and views. Carl Redfield - 425 Dockside Dr. - Pelican Isle Look at overall benefits to entire community - tax dollars & environment. Density issue shouldn't be calculated the way it is. Jay Greenland - 425 Dockside Dr. - Pelican Isle Uncomfortable for commercial and losing taxes. James Owens Sr. - 435 Dockside Dr. - Pelican Isle Supports tax base and density bonus. Todd Kendall .- 9851 Clear Lake Circle Benefits - the need for increase of Public access, waterways and beaches. Linda Roosa - 255 Barefoot Beach Blvd. Need more public access to beaches. Brooke Hornbeck - 5039 Seashell Avenue. Need more beach access and Ecogroups projects are exceptional. Joseph Miller, Jr. - 445 Dockside Dr. - Pelican Isle State funded money into the County will be tighter & this project will generate funds. Kevin Kellilea - 623 Coral Drive Standards for residential higher than commercial. Josephine o'COnnor - 349 Steerforth Safety of neighborhood. ThOse speakers in "opposition" of the Residential Rezoning and comments: Bonnie Karkut - 945 Carrick Bend Circle - NOrth Bay Civic Assn. -Tarpon Cove Protect lives by limiting the density along the coast. Provide water access to the public. Page 13 Ovemb r 6, 2003 Has petition with 1,200 signatures. Read the petition. Concerns were Growth Management Plan, water, environment, eagle nest, manatees, FL outstanding waterways, dredging, zoning, damage from hurricanes, 4 units along the coast and national hazard. Donna Reed Caron - 790 Wiggins Bay Dr. - president of Homeowners & member of North Bay Civic Assn. & member of the ECA. Doesn't meet criteria. Building height - asking for 3 times what is allowed on property. No zoning height in Collier County over 100 feet, developer is asking fdr 260 feet. Entitled to 75 feet. Concerned about the eagle and eagles nest. Wrong project for piece of property. Doug Fee - 921 Corrick Bend Circle - President North Bay Civic Assn. Too massive for neighborhood. Height not suitable. Density not compatible with neighborhood. Irresponsible to destroy views. Conversion to Residential Bonus not appropriate. Eagles will be driven from area. Concerns of parking spaces. Read letter from WCI Communities dated 1996. Sally Barker - 141 West Street- Chairman Property Owners Assn's. Of North Collier Co. Voted unanimous in opposition. Objects to size and mass. (260 feet) Activity Centers are a problem with traffic today. Nothing wrong with neighborhood commercial. Mary-Lou Eaton - 654 Wiggins Lake Dr. -Wiggins Lakes & Preserves Pelican Isle residents knew a marina existed on property adjacent of purchase.. Purchased boat to keep in dry storage - residents losing a marina. Harold Eaton - 654 Wiggins Lake Dr. -Wiggins Lakes & Preserves No place for boat access. Mimi Wolok - 1112 Trailten Drive -Attorney representing Estuary Conservation Assn. Development going in right direction. Positive environmental aspects to project. ECO Management Plan violates GMP and inadequate. Bald Eagle Nest is an issue. Building height a problem. Need to be away from nesting etc. Ignoring guidelines and management plan. Quoted many policy sections from the GMP concerning the environmental issues with the Bald Eagle. Tom Reynolds - 330 Emerald Bay Circle Registered professional engineer in state of Ohio. Showed elevation views of 2 buildings. Measured setback -316 feet. Cross Section - unsuitable for property. Francis McDermott - Wiggins Lakes Felt there was a threat from developer, if don't do residential it will be commercial. Could be equal venture to save Marina. Need more ramps and boat access. Gary Edson - 14592 Glen Eden Drive - Chairman Transition Committee Represented homeowners and gave many quotes from them why they opposed the zoning. No high rises on Vanderbilt. Keep integritY of beaches. Dick Mackin - 356 Emerald Bay Circle Showed photos of the Eagles nest. Speaking on behalf of 216 residents. Construction of high rise would be bad for the Bald Eagles. Require open & clear flight to nesting sites. Heights objectionable to the birds and are territorial. Spoke with Linda White - she is not in favor of the project. Brad Cornell - Audubon society Page l4 November 6, 2003 Opposed to any approval of a project that would require construction during nesting season or above the 'height of the nest in protecting eagles. He gave several stipulations if the project goes fpr3vard and to follow the Count. y.guidelines.' Ralf Brookes - Former Assistant County Attorney - from Sarasota County and Land Use Litigation Attorney for Monroe County - Read an article concerning water front access and boat slips and the Wiggins Pass Marina. Florida is vanishing waterfront slips. Development is inconsistent with the Growth Management Plan. Quoted Policy, discussed 4 units per acre, tropical storm maps, mangroves, hurricane situations and setbacks. John Hickey - 811 Reef Point Circle - Represents 356 owner/residents on Beach Walk on Vanderbilt Road Petitions, e-mails and letters were written and submitted. Needs a Marina. Does not need more vertical construction. Needs the US Fish & Wildlife study before making a decision. Oppose deep draft dredging because of the Mangroves. Concerned with height and keep to 75 feet and 4 units per acre. BJ Savard-Boyer - 479 Palm Court - President Vanderbilt Beach Property Owners Assn. (1,200) A lot of money is being offered to the County to permit the rezone and money to provide for more beach and boating access. Tired of high rises, impacting the densities and eliminating views. Tom Gardella - 764 E Valley Drive Opposed to rezone as proposed due to the height issue and will ruin the character of the area. Showed pictures of views. Joe Connelly - 10633 Gulf Shore Drive - Director of Vanderbilt Beach &.Bay Assn. Supports the North Bay Civic Assn. Trying to protect 'their neighborhoods. Need beach and boat access. Keep Wiggins Pass in private hands, expand the boat launch, parking and run a shuttle. Building should be 75 feet from crown of road to tippy top of the building. Chris Carpenter - 123 Conners Ave. - Naples Park Assn. Civic Committee (250) Supports North Bay Civic Assn. Opposed rezone for all reasons stated by previous speakers. 3:15 PM - BREAK 3:25 PM - RECONVENED Rich ¥ovanovich - agreed to staffs calculation of density. Overall evacuation time in a category 3 storm for the County is 22 hours. The Comp Plan requires 27.2 hours. Clarified: · Are not loaning the county parking spaces, the easement will be a perpetual easement. · Linda White did attend the EAC hearing and was in favor of the projeCt and in favor of the construction controls they plan on doing and implementing for protecting the eagle. Benefits of Project Summary: · Reduction in vehicle Traffic. · Cleaner water and soil. · Healthy Manatee & Eagle Page 15 · Views will be enhanced. · Property Tax will be recalculated. · Impact fees' · Will work with staff on the fuel Revenues · Beach & Boat access mitigated · Good neighbor with County Park , · Not threatening -just reality that it will be commercial if not residential · 9.5 units per acre -with reduction of density - will be 2 less floors ' Discussion on residential ownership and slips available took place. The size of the slips is 35 to 55 feet. The Hearing is closed for motion and discussion. Mr. Adelstein moved that PUDZ-2002-AR-3158 be forwarded to the Board of County Commissioners with recommendation of approval, subject to the following conditions: 8.2 units per acre, 12 stories over 1 parking floor and must comply with recommendation with the Fish & Wildlife and subject to the staff's recommendations. Second by Mr. Murray. Height would be 140 feet with 83 units. Mr. Strain stated he would not support the motion because: - No allowance for density increase to justifY GMP - No compelling public need other than the benefit of the property owner and surrounding property owners. - Elements of the GMP in violation are: Policy 1.3.2, 1.3.3, 7.1.2(2), 7.1.2(3), 7.1.4, 10.1.1, 10.1.3, objected 12.1 of the CCME, Policy 12.1.2, 12.2, 12.2.2, all of the CCME, the future land use element page 6 VII & IX, future land use element page 22, Item A, future land use element page 36 IV, V, VII A(1), future land use element page 38, VII & IX, Item 6, future land use element page 38 Item B (1) and Land Development Code Section 2.7.3.2.5.(1). Most refer to the density provisions referenced to the growth in the coastal high Hazard area. Federal Wildlife Permit not received, and water dependent uses. Mr. Richardson discussed the tax base, quality of life, and preserving the quality of life. He felt the people that live there should have a louder voice than the Planning Commission. They have found compromises and should give them a chance. Mr. Midney felt they need the report from Fish & Wildlife to aide their deliberations. The Eagles are an amenity and goes against this project. It was stated they should go by factual rather than political and felt it was political, what height and density are the people comfortable with. Stated the Planning Commission has a right to say what height conditions they are comfortable with. Marjorie Student - Assistant County Attorney - wanted to remind the Commissioners that this is a quasi judicial matter and not political and governed by the criteria of the Page 16 Comprehensive Plan and Land Development Code. Under density rating provisions - up to 16 units is not an entitlement. Need to look at compatibil!ty and consistency with the criteria in the Land Development Code. It is set forth in two places for PUD rezones and for rezones generally. They are listed in the staff report. That's the criteria that this needs to be decided upon. Mr. Bndd commented the 12 floors don't make sense, but that is the petitioner's problem. He stated this is an adequate and appropriate compromise. He disagrees with Mr. Schiffer they should preserve the commercial Zoning in the area, and disagrees with Mr. Strain as this is the least impact with the best benefit to the community. Motion fails 3 (for) Budd, Murray & Adelstein - 6 (against).Straln, Richardson, Midney, Evans, Abernathy, Schiffer. Mr. Strain moved to recommend denial of PUDZ 2002-AR-5158 "Coconilla PUD" for the reasons previously sited. Second by Mr. Richardson. Carried 6 - 3 (those voting "no" Budd, Adelstein & Murray) b. DOA-2003-AR-3911 - William R. Vines & Assoc., Inc. representing R. S. Hardy of Tollgate Commercial Center, requesting an amendment to Development Order 97-2, for the purpose of extending the life of the Development Order from Dec. 20, 2002 to Dec. 29, 2007 so that development of the remaining undeveloped sites may continue to completion. The subject property islocated in SE quadrant of 1-75 & Collier Blvd in Collier County, FL. Ex-Parte Communications - none. Those testifying were sworn in by Mr. Budd. PETITIONER Mr. Vine - application to extend the life of a development order for the Toll Gate .. Commercial Center. Is in development stage and a few sites still owned by Developer ready to be utilized when sold. Some have been sold and not been put to use. As of Dec. of 2002 the order expired - in order to extend it, they filed an extension and need action on the application. No change is proposed but to modify the life of the development order to add additional time to complete the development of the project. There are approximately 30 sites on the property and about 6 available. 1990 it was sold, additional acreage added and 1992 the old Alligator Alley road was abandoned. The abandoned right-of-way was acquired by the toll gate owners. 1997 the initial order development expired and expanded to 2002. Marjorie Student reminded the Commissioners this is an extension of a DRI Development Order, not a PUD. The PUD had not been advertised. Page 17 November 6, 2003 Being a DRI - it gets approved by the State and the Region - they have zoning and the lots are platted. If they can't use them, there would be issues. STAFF Robin Meyer - Principal Planner- has been reviewed by the State and the Regional Planning Commission and has been approved. Mr. Strain brought to his attention the Development Order created was not included in their packet. He wondered if the elements of the Development Order have been resolved. Mr. Meyers responded they have been monitoring and part of the PUD monitoring process. Last years monitoring report was in his possession. They have been · consistently meeting all their standards per their PUD. Don Scott - Transportation Planning - the TIS was produced by the Regional Planning Council. He has not seen the final TIS. Transportation improvements couldn't go forward unless those below standard were brought up to standards. Many are programmed in the next year or two, either through the major widening projects or intersection improvements of 951 and Davis. His interruption is they are subject to concurrency for development through the Site Development Process. They have met their requirements to date. The ASI will be addressed as the development goes forward and addressed with the Planning Commission. Mr. Strain asked that Mr. Scott review and verify everything before the BCC meeting. A funding mechanism for an affordable housing improvement program in January 1, 1994, was never enacted for paying impact fees for affordable housing. (Mr. Midney left at 4:00 PM) Mr. Strain moved to recommend approval of DOA-2003-AR-3911 subject to transportation confirming that the elements of the Development Order have been met prior to the BCC hearing. Second by Mr. Murray. Carried unanimously 8-0. The Growth Management Plan petitions are continued. Russell Webb -Comm. Development & Environmental Services - the LDC Amendments - passed out the Rural Fringe/Eastern Lands packet. He asked they consider hearing the LDC Amendments first at their November 20th - regular scheduled meeting as they will have outside consultants in attendance. 9. Old Business: Vanderbilt Beach Overlay Page 18 Mr. Strain moved to direct staff to sit down at a meeting with people involved in the Vanderbilt Overlay and try to work out compromising language that the parties can agree to. Second by Mr. Adelstein. Carried unanimously 8-0. Marjorie Student stated this is a procedural matter rather than a subjectiVe matter. 10. New Business: Updating, with time requirements, in the packets for the Planning Commissioners was discussed. "' 11. Public Comment Item: None 12. Discussion of Addenda: None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:15 PM. COLLIER COUNTY PLANNING COMMISSION Chairman Mr. Russell Budd Page 19 November 2003 13, TRANSCRIPT OF THE MEETING O~ THE COLLAR COUNTY PLANNING COMMISSION /LAND DEVELOPMENT CODE Naples, Florida, November 13, 2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 am in sPECIAL SESSION at 2800 N. Horseshoe Drive, Naples, Florida, 34104 in rooms 609-610 with the following members. present: CHAIRMAN: Russell A. Budd, Absent Mark Strain, Acting Chairman. Dwight Richardson Lindy Adelstein Brad Schiffer Paul Midney Bob Murray George Evans Ken Abemathy ALSO IN ATTENDANCE: Joe Schmitt Marjode Student Russ Mueller SUsan Murray NoVember 13, 2003 Roll Call Call to Order Discussion of Agenda - Joe Schmitt indicated that the agenda would begin with the continuance of the Vanderbilt Overlay discussion carried over from the meeting of October 22. - Richardson requested review of the results of the last meeting. - Mr. Schmitt confirmed that the LDC had not found the staff proposal to be incompliance with the GMP. He also indicated that some revisions had been addressed and will be presented. Mr. Schneider, Community Development Services . Provided a review of the slide presentation initially reviewed at the meeting of October 22. Discussion of zoning issues Actual versus zoned height Setbacks Discussion of proposed overlay and existing overlay Mr. Schmitt discussed changes to original proposal to include the deletion of "Winged parking." Mr. Hank Fishkind, economist for Fishkind and Associates, presented economic analysis of staff's overlay proposal. Presentation included market and fiscal impacts of proposal. Limited impact on the marketplace Chart illustrating that value increases for higher floors Discussion of the "penthouse effect" (bigger impact in taller building and less in smaller). Multiply density and height. 3 habitable floors versus 10. Vacant lots were considered in determining results for the study · Based on historical data Mr. Schiffer: Discussion about value and how value can also be related to scarcity. Mr. Abemathy questioned whether the LDC is sUpposed to consider fiscal impact. It was determined that they do not have to take it into consideration but can if they wish. Public speakers: Diane Ketchum, Vanderbilt Beach resident - Discussed condo values . Measuring heights Page 2 NoVember 13, 2003 Reiterated county attorney Weigel's presentation of October 22 Suggested that 3 versus 10 would increase value more than the staff's proposal Of 10 versu~ 3., . David Depew, Vanderbilt Beach resident - Discussed the GMP - Max. density of 3 units per acre - High hazard coastal area concerns - Question of balance in the environment Dwight Nadeau, Attorney for Vanderbilt Beach Inn - Questioned if all Vanderbilt Beach homeowners wer~ made aware of overly plan proposal by the residents. - Indicated that 10 units per acre was more reasonable than 3 per acre. . Discussion of values and heights . Agrees with staff proposal Bruce Burkhard, Vanderbilt Beach resident . Requested that the fiscal analysis presented by Dr. Fishkind be disregarded. Joe Connolly, Vanderbilt Beach resident - Discussion of Butt Harris Act BJ Savard Boyer, Vanderbilt Beach resident - Quality versus quantity - Creation of an upscale community Rich Yovanovlch, Attorney for Vanderbilt Beach Inn . Height discussion and association with values - Loss of 16 units = approx. 9.6 million in loss value Signature property value Fiscal impact of lot with minimum of 150 feet Property rights of others should be considered Addressed canyonization and agree with staff's proposal Mr. Schiffer: Questioned how units could be lost? Height is being reduced 25 feet. In width- increase on 12.5 heights on each side. Does not agree that units are lost by height reduction. Dr. Richard Bing, Vanderbilt Beach resident . Discussed the fact that the topic at hand has not changed- status quo has been proposed by staff. . Residents had to retain planner and attorney to respond to the original moratorium request - Discussion over uncontrolled development - Request staff's proposal be found inconsistent with the GMP. Page 3 November 13, 2003 Mr. Murray questioned "the plan." Mr. Schmitt indicated that Vanderbilt Beach residents have a response but there was no actual amendment filed. The staff's proposal can be amended as needed to reflect the residents' requested revisions. There is one LDC "on the table" and that can be modified. Ross Martin, Vanderbilt Beach resident Expressed concern over separating the sidewalk from the bikepath Mr. Schneider summarized request to consider staff's prOposal and offered closing comments: - They were responsive to the moratorium - Elements of development services reviewed the segments such as the GMP and it was indicated that it does comply with the GMP. - RT Zoning can be changed to enhance the area as provided in proposal. - Request to consider staff proposal set before them. Mr. Adelstein requested if the LDC has committee to CAP height. Mr. Schmitt indicated that the final decision needs to come from the BCC via a recommendation brought forth by the LDC. Ms. Student discussed equal protection issues as to how height is measured in the county. Would need to be fleshed through with staff. 10 MINUTE BREAK Call to Order Ms. Student provided options for decision-making per Sec. 2.7.2.3.4, para 1 of the LDC that there could be an additional hearing if they elect to do so by a majority decision. Mr. Strain confirmed that a motion could be made and decision be made or discussion and second meeting could happen. LDC agreed to make final motion. Mr. Richardson made the following statement: The BCC requested development standards sensitive to scale and compatibility and the sense of place that exists in the Vanderbilt Beach area. BCC's direction was to cause a change in the LDC that would eliminate further canyonization on Gulfshore Drive In the review of the overlay of the RT district, it was determined that the GiMP density for this area is 4 units per acre with the reduction of 1 per acre on traffic congestion accOrding to the density rating system. This coupled with the fact that the properties in the RT zone are all seaward of the coastal high hazard area that the density be restated to conform with the GMP. This reduction is further supported by 9J5 of the Fla. Administrative code which directs the concentration of population away from known or predicted coastal high hazard areas. Coastal element- Goal 12 of the GMP discusses the health and safety of people Page 4 ~ ~ oVem er 13, 2003 Goal 12.2- minimizes the danger of life and property from hurricane Density bonuses should not apply CCPC has. a responsibility to make recommendation to the BCC to show that staff's study has been considered. The following were found to be tree: 1. Staff's proposal is not consistent with the goals, objectives and policies of the future land use map and the GMP specifically goal 12, objective 12.2 and policy 12.2.2. 2. Consideration of the staff's overlay proposal would adversely impact living conditions in the neighborhood. 3. The RT overlay that would prevent 100 foot buildings would restrict light and air movements and cause canyonization. ' 4. Property values: Influenced by a host of factors. Rezoning may or may not affect value. Scarcity does affect value. 5. Overlay composed by staff is not consistent with a plain reading of the GMP 6. Be sensitive to not deteriorating quality of life CCPC has the responsibility to recommend to the BCC a resolution to the 2-year moratorium. The resolution must be supported by the GMP and meet the health, safety and well being of the residents most affected. Mr. Richardson proposed the following motion: - BCC direct the county manager to create a new overlay district for the Vanderbilt Beach RT zone and that it be established in the current LDC cycle. This will permit the moratorium to be lifted. The new overly zone is to contain the following components, each of which is supported by a plain reading of the GMP. Maximum Height: 54 feet of the crown of the adjacent street as measured to the mean roofline. Maximum density: Redevelopment or new: Transient: 16 units per acre; Multifamily: 3 units per acre Greenspace and maximum lot coverage: Redevelopment or new: Transient: 35%, Multifamily- 25% Permitted Uses: Limit redevelopment or new to multifamily, family care or ~. townhouses. Conditional uses for transient: Eliminates additional private clubs and removes conditional heights provisions. - Min. lot size: 1 contiguous acre . Min. yard requirements: Min. setback and prohibit encroachment into setback and elimination of wedding cake .. . Use of submerged lands: Prohibit the inclusion of submerged lands in waterside lot lying calculations for density or setbacks. CCSL- no encroachment expect as authorized by the BCC Mr. Schiffer seconded the motion Discussion among the commissioners regarding height, contiguous lot, setbacks Page 5 13, 2003 The following revisions were made to the motion: - Max, Height: 75 feet as otherwise in the code 4 units per acre for multifamily Eliminate the contiguous lots from this motion. code. Ms. Student will research the matter. State it to stay as defined by Unanimous 8-0.. Staff will modify to reflect the changes. Mr. Schmitt thanked the residents of Vanderbilt and the CCPC for input in helping to resolve this issue. Review of afternoon agenda: Will include: CCSL Variance Boat Houses Concurrency Review Building Heights (To be discussed at next meeting) School Board PSP Process Other Amendments Mr. Richardson made motion to move boat houses before CCSL, seconded by Mr. Adelstein. Carried 8-0. Boat Houses Presented by Ross Gochenaur, Planning Services - Staff is not recommending approval of this amendment. - According to the LDC boat houses is a valid accessory use for a single family lot with a single family home. 6 criteria are currently in place to meet the request for a boathouse. The addition of a seventh criterion, addresses the impact of a boathouse on the view of neighboring property owners, to the existing six criteria used o evaluate boathouse petitions. - Discussion of how to measure the significance of impact. - Staff came up with revised language: "The boathouse must be so located as to minimize the impact of the view of the adjacent neighbOrs to the greatest extent practical." This means that if you have a linear waterfront lot with a seawall, the boat house should be put in the middle. If it can be put in the middle, then there is question as to whether it be parallel or perpendicular and this depends on the individual properties. - Adjustment can be objectively evaluated. Requesting consideration of the amendment. Page 6 16 1 '~N°Vember 13' 2003 Mr. Murray does not feel that the revision doers not help more than the comp. plan.. There is a problem due to subjectivity. "Practicality" becomes a problem. Mr. Gochenaur feels the subjectivity has be~n reduced. Discussion of practicality and possibility. ~ Discussion of "major" and impact. Clarify ambiguous language. Mr. Strain: Discussion of creating a finite measurement/angle. Mr. Schiffer discussed addition of the seventh criterion. Ms. Student confirmed that the CCPC would need to make a judgment on the boat house issue if a neighbor had a problem with it. Public Speakers BJ Savard Boyer, Vanderbilt Beach resident Concerns over obstruction of view Unattractive Absentee owners Does not want boathouses at all Discussion of what can be done with the current language. Bruce Burkhard, Vanderbilt Beach resident Serious issue for a long time Proliferation of boathouses Make it more difficult for residents to get boat houses. Increase the criteria. Chris Carpenter, Vanderbilt Beach resident Make it difficult to have one Mr. Abernathy: Suggested that each request for boathouse be treated individually. Mr. Strain: Does not favor getting rid of them all together. Unfair to people who do not have an objection. Mr. Schiffer made a motion to accept language as proposed by staff. Mr. Adelstein seconded. Carried 8-0. LUNCH BREAK- RECONVENE AT 1:15 CCSL Variance Presented by Barbara Burgeson, Environmental Services Page 7 November 13, 2003 Per the GMP, prohibit construction seaward of the Coastal Construction Control Line, with minor exceptions. Staff provided clarifying language to the exemption Section (3.13.7.2) and to the dune restoration permit (3.13.8.2) Proposed striking 3.13.5.1 which is the language to use adjacent contiguous structures. Has not allowed staff to consistently review applications. New language: 3.13.4- construction or replacement of seawalls or similar structures. Section 3.13.5- coastal construction setback lines variance shall not be approved for construction of new structures except where said prohibition would result in no reasonable economic utilization of the property in question for safety reasons or as otherwise permitted hereinafter. EAC made a recommendation to delete the phrase "reasonable economic utilization" because it is immeasurable. The language was left in because it is in the GMP. It may be needed to be defined more carefully. 3.13.5.1 - Identified what is permitted to be constructed in front of the CCSL- chickees, storage boxes, etc. Not permitted: permanent type structures. Prohibited to use an materials that become dislodged during a storm such as pavers, landscape stones, etc. Anything outside of the footprint of the approved minor structure needs to be kept in a natural condition or landscape with the native vegetation Discussion of greenspace 3.13.8- now allows someone to request a CCSL variance as long as the construction does not create additional negative impacts to the beach or dune system. 3.13.5.5- Variances was changed after the DSAC meeting where language was changed: Recommended approval of this amendment. Simplify language to: "reconstruction shall conform to the provisions of division 3.17 of the LDC in effect at the time bf reconstruction. Said reconstruction may require a new CCSL variance. Exemptions: Clarified 3.13.7.2: Allows for exemptions. Certain things cannot qualify as an exemption: replacement of any pervious surface with a non- pervious surface and modification or any additions to any dune walkover or deck area. 3.13.8.3: Applicant who needs to remove a seawall will be provided a permit rather than requesting a variance. Would also be required to restore and replant after removal of seawall. Discussion of coastal lines - pools - dune walkovers - distance/width - platforms dune vegetation Mr. Strain: Email received by Bruce Anderson: Page 8 Concerns over forcing a building behind the coastal line Water will come in further inland if building is further back Languag,e proposed to be deleted by staff in LDC sec. 3.13.5.1 comes from the beaches and shore preservation act- Sec. 161052(2) (B) which authorizes DEP to issue construction approval under such circumstance unless local government has proposed a stricter setback standard which staff has proposed to do. Mr. Strain asked if these citations were accurate. Ms. Burgeson had not heard of water inundating a building. Whenever a CCSL variance is requested staff requires re-creation of dunes or coastal materials/' Mr. Schiffer asked where dune would be when being rebuilt. Ms. Burgeson indicated that a replanting plan was required to be provided. Public Speaker: Dwight Nadeau, representing Vanderbilt Inn - This will create non-conformities - Will not be able to be built back- reduction of property values - No consideration as far as beach access- limitation of walkways - Erosion of the private property rights . - State does have a permitting process for this Ms. Burgeson indicated that walkovers are allowed through a permit process. Also indicated that CCCL was moved 180 feet more landward than the county line which was adopted in 1974. The state line was adopted in 1989. County did not adopt that. Mr. Richardson made a motion tofind 3.13- CCSL be found in congruence with the GMP with the exception of the simplification of 3.13.5.5 that the submission be recommended to the BCC for approval. Seconded by Mr. Adelstein. Carried 8-0 Ms. Student: Confirmed that seCond hearing was not needed. CCPC agreed. Concurrency ReView presented by Stan Litsinger: - Handed out some page changes Provided background: LDC changes 3.15 or parallel LDC amendment that is. running the Comp. plan amendments that will be heard on Dec 2. and the BCC will adopt in the current form or with changes. Review changes: Page 9 November 13, 2003 Page 17! - Added the conditions of meeting the concurrency test relative to the project locations within a projects location within a transportation concurrency management area or transportation concurrency exception area. - Meeting the concurrency requirements which are that the necessary services and facilities are subject to commitment from the developer. Mr. Richardson asked about the level of services standard on the roadways. Ms. Student discussed how this was advertised. The entire Division 3.15 was advertised as an LDC amendment consideration. Mr. Strain indicated that a'second hearing would probably be needed. Mr. Richardson discussed the moratorium constraints. Discussion included: - Movement away from link by link concurrency approach - System-wide capacity - Traffic count - Plan and build Analytical standards TCMA application Page 173 Added 3.15.3212. Apply concurrency on each local development order on a checkbook or declining ledger balance of traffic capacity on an ongoing basis. The approval of any application that comes through is based on the analysis of the TIS based on the systems on the date of the approval. - Reviewing change of category B levels of service. Pages 174 and 175 - Added clarifying language relative to the application of the payments. For a project that is approved for concurrency but is in a TCMA that is meeting all the standards would be approved for concurrency but has impact on a deficient roadway within that TCMA would be called upon to make a proportionate share payment. Payment is in addition to impact fee. Pa~,e 178 . Proposed to establish one transportation concurrency exception area in the area of S. U.S 41 and the Bayshore/Gateway redevelopment area. page 179 - Transportation concurrency management- system-wide rather than link-by-link - Analytical standards Page 10 November 13, 2003 - Need more data analysis to sustain this amendment Page 187 - Modification made to merge the two colle, c. tions (PUD monitoring report and maintenance concurrency management system with transportation) - Based on actual data- real numbers Back-tracked to pages 171-174 - Complete changes - High impact amendment Direction is to go to a one-year plan versus 3-year plan. Each December the BCC will identify needed projects and direct the country manager to include projects in annual budget. 1-75 is not taken into account currently. 6 years out for that project. Public Speakers David Ellis, CBIA DCA has reacted to first submittal - Good ideas: TCMAs, TCEAs - Consolidation of PUD monitoring process with transportation - Concerns about money in advance to improve but not provided with credit. - 3-year funded plan versus the one-year funded plan; 9J5 recognizes reliance on the 3-year funded plan . ' - Recommend that 3-year plan be maintained · - DCA reacted with a 10-page work report which was critical of the county's proposal and how it will impact the system., - Need more certainty in the process Discussion of how this will work BCC left recommendation of 1 year versus 3 years. Lengthy debate to transmit: 3-2. Discussion of DCAs response. Will be presented on December 4th. Lengthy discussion regarding how this would work. Reed Jarvi, CBIA - Professional engineer. - Discussion over financial feasibility- 1 year versus 3 year - The 1-year program has not been proved - Requesting 3 year approval . Impact fee concerns ' Mr. Schiffer discussed impact of a wealthy developer being able to block other development. Could negatively impact the-smaller developer. Mr. Strain: Suggested that this come back for a second heating. Page 11 Mr. Schiffer made a motion to have this return for a second heating. Mr. Murray seconded. Carried 7-0 (Mr. Adelstein absent) Motion changed to reconsider by Schiffer. Seconded by Murray. Carried 7-0 (Mr. Adelstein absent) Motion made to continue (instead of second heating) made by Mr. Schiffer, seconded by Mr. Murray. Continued to Nov. 24th. 10 MINUTE RECESS: RECONVENE AT 2:50 Mr. Mueller- Handouts for building heights. When will these be considered? School Board Sections are going through every zoning district to permit a school. Property owners will not be notified that a school would be developed on a site. Each site will go through a school board review process which includes architectural reviews and compatibility issues. Moved through page by page: Page 1: 2.2.2.2.1 Page 8: 2.2.3.2.1 Page 15: 2.2.4.2.1 Page 17: 2.2.5.2.1 Page 22: 2.2.6.2.1 Page 26: 2.2.7.2.1 Page 32: 2.2.8.3 Page 34: 2.2.9.2.1 Page 40: 2.2.10.2.1 Page 47: 2.2.12.41 Page 47: 2.2.13.2.1 Mr. Richardson requested that conditional use be moved into permitted use for future consideration. Section C1, C2 and C3. Page 51: 2.2.14.2.1 Page 57: 2.2.15.21 Page 65: 2.2.151/2.2.1 Page 69: 2.2.16.21 Page 73: 2.2.18.21 Page 76: 2.2.19.21 Page 79: 2.2.20.7 Page 117:2.7.3.5 Page 12 1 0 I.L :! Page 146:3.3.4.1 Mr. Strain: Questioned page 149 under comPa,tibility review, is there criteria for this? This would be reviewed in the buffeting aspect., Discussion of PUD rezones and public input. School Board is considered the developer., Page 152: Item 1: Mr. Strain asked about the school district making improvements. Issue of timing - Road agreement Sidewalks Page 150: Sec. 3442 - reference should be changed. Mr. Richardson made a blanket motion to allow that the school board sections previously enumerated are in compliance with the GMP and the local agreement and recommend approval to the BCC. Ms. Student asked if comp. plan amendments were in effect yet? She reqUested motion be amended to say "to be reviewed by state. Mr. Richardson agreed. Seconded by Mr. Adelstein Carried 8-0 PSP Process Page 107:2.4.7.2 Page 124:2.7.4.9 Page 126:3.2.6.2 Page 128:3.2.6.3.8 Page 129:3.2.7 Page 134:3.2.8.3 Page 136:3.2.8.2.14 Page 137:3.2.8.3.8 Page 138:3.2.8.3.19 Page 141:3.2.8.4.7 Page 144:3.2.9.1.2 Page 159: 3.5.5.1.3' Page 162:3.12.5.1.2 Page 163:3.12.5.2 Motion by Mr. Richardson to find the PSP process to be in compliance with the GMP and forwarded to the BCC with approval for recommendation. Page 13 emberq 3, 2003 Seconded by Mr. Adelstein: Carried 8-0. Yard Requirements: Section 2.3.4.3 Golden Qate section property line discrepancy. Drawings out of scale. Clarify language Clean-up Motion by Mr. Murray to find 2.3.4.3 to be in compliance with the GMP and forwarded to the BCC with approval for recommendation. Seconded by Mr. Adelstein: Carded 8-0 Section 2.3: Off Street Parking and Loadine No garage door can be closer than 23 feet. Motion by Mr. Adelstein to find 2.3 to be in compliance (with above amendment) with the GMP and forwarded to the BCC with approval for recommendation. Seconded by Mr. Schiffer: Carded 8-0 Section 2.3.21.4 - Rewording clarification in the existing language for off-street loading. Motion by Mr. Schiffer to find 2.3.21.4 to be in compliance with the GMP and forwarded to the BCC with approval for recommendation. Mr. Murray seconded: Carried 8-0 Section 2.4.7.5 Landscape and Buffering Incorporate the "Construction standards handbook for work within the public rights-of-way Collier County, Florida" into the LDC. Motion by Mr. Abernathy to find 2.4.7.5 to be in compliance with the GMP and forwarded to the BCC with approval for recommendation. Mr. Midney seconded: Carried 8-0 Section 2.5.5.2.3 Realign and adjust the text for real estate signs. No regulatory change. Section 2.5.5.2.5.1.1 - Pole or ground signs - Option for businesses with less than 150 foot frontage to request variance for sign. Discussion about permitted use by right and variance provisions, size of lots and distance. Page 14 N~ve b 13~ i ll Motion by Mr. Abernathy to forward the two s. ections under 2.5 to the BCC with the additional request to consider permitted use for 2.5.5.2.5.1.1 with approval for recommendation. They also considered in compliance with the GM? plan. More discussion about lot size. Mr. Abernathy withdrew the motion. Mr. Strain made a motion to find 2.5.5.2.3 to be in compli .ance with the GMP and forwarded to the BCC with approval for recommendation, Seconded by Mr. Midney: Carded 8,0 Mr. Murray made a motion for section 2.5.5.2.5.1.1. that the signs ordinance B set as a permitted use that this be sent back to the BCC for evaluation that this be considered for permitted use and not subject to a variance and recommended for approval. Seconded by Mr. Evans: 3-5 Motion falls Mr. Schiffer made a third motion to find section 2.5.5.2.5.1.1 as is. Found consistent with the GMP. · ' Seconded by Mr. Adelstein: Carries: 6~2 .. Section 2.6.33.10 - Coming Soon signs Staff feels that a provision should be adopted to address signs intended to inform the public as to new businesses in the area. Section 2.6.37 Kitchens in dwelling units Language clarification to for criterion to permit secondary kitchen Discussion about prevention of breaking up houses into multiple units. ...... MOtiOhby Mr. Midney to find 2.6.33.10 and 2.6.37 to be'in compliance with-the GMP and forwarded to the BCC with approval for recommendation. Seconded by Mr. Adelstein: Carries 8-0 Section 3.2.3 - Subdivision Applicability - Add language to clarify platting requirements Page 15 November 13, 2003 Section 3.2.8.3.25 - Central water systems - Original language needs clarification and pipe color-coding needs to be addressqd. Motion by Mr. Abemathy to find Section 3.2.3 and Section 3.2.8.3.25 to be in compliance with the GMP and forwarded to the BCC with hpproval for recommendation. Seconded by Mr. Midney: Carded 8-0 Section 6.3 Definitions .. Adding the definition of "build out'! or built out" Definition of secondary kitchens: revise language to definition of gust house or cottage and kitchen, primary and add language to define cabanas, guest quarters/suites and kitchen, secondary. Discussion about temporary guest (change to "their" domestic emploYee) and guest house problems. Public Speaker Amy Patterson, Impact Fee Coordinator - Difficulty with two different types of structure: Guest quarters and guest houses - Kitchens were being added to the guest suite and this needs to be limited. Suggestion to strike the word "structurally." Motion by Mr. Abemathy to find Section 6.3 definitions to be in compliance with the GMP and forwarded to the BCC With approval for recommendation as amended above. Seconded by Mr. Adelstein: Carries 8-0. - Russ Mueller indicated one minor change in appendix D, p. 204: Airport zoning updates to the map based on FAA regulations. Motion byMr. Richardson to find.appendix D of the LDC tobe in compliance.with · the GMP and forwarded to the BCC With apProVal for recommen~ti°ri. '~ RuSSMueller indicated that the next meeting is Nov. 24 at 5:00 PM, COmmission voted to hear concurrency issue on Nov, 24~. Building heights and pole and ground signs will also be heard on Nov. 24th' November 17th meeting cancelled. Page 16 November 20th: Eastern Lands Motion made by Mr. Schiffer to hear building he.ights, concurrency and pole and ground signs on November 24th at 5:00 PM Seconded by Mr. Abemathy: Carried 8-0 There being no further business for the good of the County,, the meeting was adjourned at 4:15 PM. COLLIER COUNTY PLANNiNG COMMISSION Vice-Chairman Mark Strain Page 17 15il ~ ~lvember 20, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER, COUNTY PLANNING COMMISSION Naples, Florida, November 20, 2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 1:30 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following'members present: CHAIRMAN: Russell Budd Mark Strain Lindy Adelstein Paul Midney Dwight Richardson Kenneth Abemathy Brad Schiffer Robert Murray George Evans ALSO PRESENT: Joe Schmitt, Comm. Dev. & Environmental Services Ray Bellows, Planning Services Ross Gochenaur, Planning Services Marjorie Student, Assistant CountY Attorney. Kay Deselem, Planning Services Page 1 20, 2003 Chairman Russell Budd called the meeting to order at 1:30 PM, and the Pledge of Allegiance was recited. Mr. Budd read into the record Mr. Murray & Mr. Richardson are also members of the Community Character Smart Growth Advisory Committee. In regards to matters coming before the Planning Commission may also come before the Community Character Smart Growth Advisory Committee from time to time. 2. Roll Call - A quorum was established. 3. Addenda to the Agenda - Item 8F - continued until December 4th, 2003. It was suggested to move 8D & E on the Agenda first. " Marjorie Student - Assistant County Attorney - stated there is an .attorney that will be attending the meeting and he was aware of the 1:30 PM starting time of the meeting, but there were a couple of items to be heard first. Mr. Richardson moved to approve moving Item 8F to the December 4th meeting. Second by Mr. Strain. Carried unanimously 9-0. Approval of Minutes -October 16, 2003 Mr. Adelstein moved to approve the October 16th minutes. Second by Mr. Midney. Mr. Schiffer mentioned on page 7 - in regards to a statement he made he would like added "in regardless of the dimension" inserted after 30,000 square feet. His intention was that the dimensions of the building were not required just square footage. Mr. Adelstein amended his motion and Mr. Midney amended his second to add the above statement by Mr. Schiffer. Carried unanimously 9-0. Planning Commission Absences - Mr. Abernathy will be absent for the 6-9 PM portion of the November 24th meeting. - Mr. Budd will be absent for the 2-5 PM portion of the November 24th meeting. BCC Report-Recaps-October 28, 2003 The Nicaea Academy was approved by the BCC - 5-0 - recommended 125 dwelling units instead of the original application of 250. 7. Chairman's Report - none Page 2 N~e~i20'2003 8. Advertised' Public Hearings: a. BD-2003-AR-4560, Brian Jones, representing Ben and April Jones, requesting an after-the-fact boathouse built on an existing boat dock. The property is located at 430 Juan Ave., Lot 686, and Isles of Capri Unit No 3, in Collier County, Florida. Those testifying were sworn in by Mr. Budd. Disclosures - Mr. Budd discussed the item with Mr. Jones. PETITIONER Brian Jones - Tamiami Builders/General Contractors - representing Mr. & Mrs. Jones. A petition was circulated with the neighbors for endorsement, and a letter of support. (Handed out) They comply with 5 of the 6 criteria - the 6th will be permit of completion of which they are doing now. They wish to obtain a Certificate of Completion, pay any fees and will not have work done without being permitted. It was a bit of ignorance on the petitioner's part; because he thought he could do what the neighbors had done with hip roofs etc. This is before the Planning Commission due to a Code Enforcement action. STAFF · Ross Gochenaur - Planning Services - the boathouse complies with criteria except that the roof match the roof of the house. Needs approval from Planning Commission for the' boat house in order to get a building permit which is needed. In Resolution it states before the Certificate of Completion is issued, the roof has to match the house. Received no objections to the petition with one letter in support(attached). Mr. Schiffer asked about the other dock on the site - whether it was a legally permitted dock. Mr. Gochenaur could not answer the question but stated there are a lot of non- conforming docks on Isle of Capri - and is Planning Departments' policy that if a dock can beshown on an aerial photo prior to 1990, it is considered, legally non-conforming. This is very typical of the area. Mr. Schiffer is not comfortable with the fact that the other dock is not shown onthe documents. He would like to know if it is non-conforming. Mr. Budd wondered since Code Enforcement is aware of the facility, that if they find further deviations or problems it will come back to the Commission again. Page 3 161 ov b r 20,2003 Staff did no research on other structures on the property that was not related to the petition, because it has no bearing. Mr. Strain moved to recommend approval of Petition BD-2003-AR-4560, subject to . staff stipulations. Second by Mr. Richardson. Carried unanimously 9-0. BD-2003-AR-4288 - Jerry Neal, Hole Montes, representing Sunset Cay Villas. Requesting after the fact boat dock extensiOns for existing communal docks located at Buildings No. 1-14, Sunset Cay Villas located in Port.of-the-Islands Subdivision. The docks are located in a boat basin that was specifically built for docking of the Sunset CaY condominium unit owners' boats. Dock protrusions vary from 4'/feet to 105 feet as follows: the protrusions were list for all 14 buildings. Property is located on Newport Drive, in Collier County, FL. Those testifying were sworn in by Mr. Budd. Disclosures -none. PETITIONER Jerry Neal - representing Sunset Cay Homeowners Assn. located in Port-of-the- Islands - a map was shown of the area. Waterway is manmade and bottoms privately owned, meaning it has never been transferred or dedicated to any governmental agency. Was created for a boat basin for Sunset Cay. The State DEP issued an exemption for the docks, meaning they do not need any more permits. Docks are located away from the neighbors and mangroves are along the shoreline, with the docks into the water and away from the mangroves. Exotic plants will be removed and agree with other staff recommendations. They will be resolved in 180 days. David Molberg - Sunset Cay Master Assn. - Docks were built from 1996-2001. STAFF Ross Gochenaur - Planning Services - is trying to resolve a violation. Need approval of the extension petition by the Planning Commission, then Site Development Plan needs to be modified to show the docks as described. Then to building department for after-the- fact permits. Then spot surveys need to confirm the docks are where the drawings state. Can then resolve the code enforcement case. The violation was not committed by the property owners, but the developer. There are 140 slips - will stipulate no more than 141 slips. Joe Schmitt mentioned they were built with total disregard with a long standing Code Enforcement case (12-14 months) with a lot of legal issues and are trying to reach a solution to help the residents. Page 4 November 20, 2003 SPEAKERS David Molberg - Board of Directors Master Assn. - speaking on behalf of many of the owners at Sunset Cay. Each 140 units have a dock and single boat slip for each unit in the building. Many bought in the preconstmction and found the boat docks were completed when the buildings were being built. Legal firms read the documents and had no reason to believe the docks were not legally built, inspected and permitted. In February they all received notification from Collier County in February 2003 saying the docks were not permitted and needed to have applications or removed within 30 days. He discussed the tax and resale ramifications. Resale's have been difficult and find the homeowners are the innocent' victims. Lynn Mason - agreed with Mr. Molberg. Mr. Walker - 154 Newport Dr. - President of Building 13/Villa 7 - unable to sell his real estate and gave the history of when the package was received from Code Enforcement conceming the violation. He felt the County has some responsibility and the people need to be protected. Some units are unable to close because of the violation. The Developer continues to build and make promises being the winner, the rest of them losers. Hearing is closed for motion and discussion. Mr. Adelstein moved to approve BD-2003-AR-4288 subject to staff recommendations. Second by Mr. Murray. The staff's recommendation of 141 docks maximum will be in the Resolution. Everyone agreed. Carried unanimously 9-0. Ce PE-2003-AR-4261 - Doug Schroeder, Executive Director of Cocohatchee Nature Center, requesting a parking exemption to allow off-site parking via a shared parking agreement, pursuant to LDC 2.3.4.1.2.c., between the Cocohatchee Nature Center and the Pewter Mug. Access between the properties will e via a proposed pedestrian walkway under the US 41 Bridge over the Cocohatchee River. The Cocohatchee Nature Center is located at 12345 Tamiami Trail North, in Collier County, FL. Disclosures - Mr. Richardson had a telephone conversation with the applicant. All those testifying were sworn in by Mr. Budd. P~e5 PETITIONER November 20, 2003 1611 Mr. Doug Schr0eder - Cocohatchee Nature Center - requesting a parking petition to operate a second pontoon boat for the Nature Center. There was a question on head room under the bridge. Low and mean tide - 6'8" head clearance required to meet code is there, but not at high tide. Walkway on south side will be a 30" knee wall to hold the river back to make the head clearance on each end of the bridge. Department of Transportation has 150 feet right-of-way or easement and has approved the project. It was pointed out the joint parking agreement may not be valid and might be taken to an attorney for their protection, although it is a private agreement Signage requirements were discussed and will be according to code with adequate parking and directions etc. The boardwalk and mangroves were shown on a map with no required permitting needed. STAFF Kay Deselem - Community Dev. Environmental Services Div. - the parking exemption is not affected by the Growth Management Plan. They have proposed conditions with concerns and have not received any calls in support or opposition to the request. Staff has addressed U-Tums for groups coming by bus and school buses and transportation had no problem with what is beingproposed. Mr. Abemathy would like to see something concerning the lighting on the pedestrian walkway. Mr. Adeistein moved to forward PE-2003-AR-4261 to the Board of County Commissioners with recommendation of approval subject to staff recommendations which includes the lighting request. Second by Mr. Schiffer. Carried unanimously 9-0. de PUDA-03-AR-4008- C. Laurence Keesey, of Young, van Assenderp, Varnadoe & Anderson, PA, representing Waterside Shops a Pelican Bay Trust and WCI Communities, Inc., requesting a rezone from "PUD" to "PUD" Planned Unit Development known as the Pelican Bay PUD for the purpose of amending the PUD document to relocate 170,343 square feet of approved but not yet constructed an uncommitted commercial use (consisting of 161,945 square feet of office and 8,398 square feet of retail) from the North Commercial Page 6 Area to the South Commercial Area. Most of the 170,343 sq. ft. of ~ Commercial use relocated from the North Commercial Area will be converted to and utilized for additional retail use within the Waterside Shops. This relocated use will increase the approved uses by 134,343 square feet of retail ands 36,000 square feet of office space within the South Commercial Area. In addition, the Pelican Bay PUD is currently approved to contain up to 8,600 .residential dewing units. This petition will reduce the approved number by 800 units to a new maximum of 7,800 residential dwelling units. The property for rezone is located in the Northwest quadrant of the intersection of US 41 and Seagate Dr., 555 Tamiami Trail N, Collier County, Florida and consists of 2,104 acres. e® & DOA-2003-AR-4777(Companion) - George L. Varnadoe & C. Laurence Keesey, Young, van Assenderp, Varnadoe & Anderson, representing Waterside Shops at Pelican Bay Trust, requesting an amendment to the Pelican Bay Development of Regional Impact to relocate 170,343 feet of approved, but not yet constructed and uncommitted commercial Use from the north commercial area to the south commercial area, reduce the approved maximum number residential dwellings by 800 units to a new quadrant of the intersection of Tamiami Trail (US 41) and Seagate Drive in Collier County, FL. Disclosures - Mr. Budd and Mr. Richardson ~spOke with petitioner & their agents. Mr. Abemathy and Mr. Adelstein received e-mails of which they did not open. Mr. Schiffer will abstain from voting due to the fact he does consulting work for WCI. Mr. Strain will abstain from voting on both issues due to the fact his employer has property within the Pelican Bay PUD and the perception of a conflict. Those testifying were sworn in by Mr. Budd. Mr. Budd was aware of a possible legal deficiency of the advertising on the issue and asked the County Attorney address the issue. Marj0rie Student. Assistant County Attorney - she disc. ussed themanner with CountY AttorneY DaVid Weigel, Mail notiCes went out ProperlY to Property owners and the advertisement was correct in the newspaper. The only thing incorrect was the. sign on the subject property of the dates of the hearing and the Board of County Commissioners hearing to be held. It was their opinion if the applicant would agree to' hold the County harmless to go forward (meaning they would not sue for damages because of any delay). Also they would agree to defend if any law suit was brought up from the signage issue. There have been issues with signage before due to Page 7 weather or being destroyed. proceed. November 20, 2003 The County Attorneys opinion is that the matter may Mr. Keesey stated they will not sue the County over the notice issue. He will also, change the correct date/s on the sign/s. Terry Lenick - Attorney - representing property owners - stated he is the one that raised the issue of legality of the notice and sign. He also stated he raiSed another procedural issue, and if decided in favor of his client, they could not have the hearing today. He had 3 issues. One issue was the notice. Them was a handout to the commissioners. He discussed pictures given of 6 sign locations and spoke of Issue 2-page 233 of the Zoning Code - Ordinance of Signs. Section 2.7.2.3.1 -Notice of the Public Hearing (1) - Sign shall be posted at least 15 days prior to the date of the Public Hearing by the Planning Commission. Mandatory language - not discretionary. Was first brought before the Planning Commission on November 6th and was improperly noticed at that time. If they could not hear it then, they would not have been able to have a meeting to continue the meeting to a date certain. If a proper meeting was held on November 6th, they could have continued to a date certain and the signs could have remained the same. But that did not happen as there was a lack of notice then, and now have another "lack of notice." Marjorie Student stood by her opinion. There are other forms of notice and the sign was posted with the word "substantially the folloWing". If other notices wouldn't have gone out, and with specific notices to property owners, there may have been a greater concern. This is jurisdictional, and if attending the hearing with objection to the notice, them is case load stating under certain circumstances, a person has waived objecting to the defect, meaning there was notice and attendance at the heating. Mr. Lenick stated they am not waiving their right to object. He is suggesting protecting the jurisdiction of the Board and it would make sense to comply with the language. He is raising the issue on behalf of his client, and would be ready to go forward if they so desired. Marjorie Student gave examples of past cases in which they continued on heating the issues. Mr, Lenick gave a second issue which was procedural. Zoning Code Provisions - transfer/intensity/density - page 6:9 - Definition of Applicant was read by Mr. Lenick per handout. The subject was "Right of Person to File." Taking away the intensity and density of the use of the property in question without the owners applying. He gave examples of private covenants. He stated a property owner has Page 8 16 I1 r O,. oo never been contacted or consented. His client, Mr. Tom Conroy, an attorney, has looked at deeds and nothing showing a reservation to WCI, just a deed restriction. He asked where is the right of the property owners to the North to amend their zoning. in the area. If there is no ownership of the property owners to the North, they can't transfer intensity down. Waterside will have to stand on its own. Marjorie had discussed these issues with outside counsel and their opinion is ail the intensities are not absolute numbers. That is for the commerciai and the residentiai dwelling units. Since it was not an absolute, it would not be necessary to have the owner or agent of the north property come in to apply for a rezone. ~ ' · Mr. Adelstein mentioned this has come up before - if people do not notify they want to make a change, and all of them sign off, then everyone could be sued. The absolute right of an owner governs what can be done with the property he or they own. If not being done, that would be a reason to be continued. Mr. Lenick continued to discuss maximum intensity of use, WCI not owning the property, and the applicant needing to be the property owner. WCI claims they can rezone someone's property they do not own, and send the intensity use of the south, claiming the trip generation. They are not the owners, they cannot make the application, but can get the consent of the owners to do so, but have not done it. Mr. Keesey stated Mr. Lenick is correct in that WCI does not own any of the dirt on the North side. The applicant interested in the Amendment is the Waterside Shops at Pelican Bay Trust which owns the Waterside Shops. WCI obtained their development in 1977 and the developer of Pelican Bay PUD, Pelican Bay DRI. The County granted them the right within the boundaries of Pelican Bay for 1,095,000 square feet of commercial use - both office and retail. In accordance with the PUD Master Plan, the commerciai areas are identified. The PUD said to WCI, they can locate or build in the north and south not exceeding particular numbers of square footage. He then diScussed property and development rights. WCI has the development rights and in turn sold portions of the property. .. The County said WCI has the right to build 1,095,000 in all of Pelican Bay, the Master Plan identifies where commercial can be located, and the PUD & DRI says "a maximum of the 455,000 of the 1,095,000 can be in the north and a maximum of 640,000 located in the south. Discussion followed on deed restrictions, office space sold, not built, and the wording of the PUD and square footage. Mr. Keesey and Mr. Lenick discussed the contract and the deed and showed square footage on a map. Only has a private deed restriction. WCI owns the remaining development rights that aren't contracted away. Page 9 November 20, 2003 16 Il Marjorie St, udent stated this issue came to her only a couple of days ago and has not had time for any research. In speaking With'David Weigel, his opinion is that it should be sorted out before it goes to the Board of County Commissioners. Chairman Budd stated they should continue this item so letters and files and briefs can be filed and exchanged since there are two attorneys giving different evidence and the Planning Commission needs to hear and render an opinion after all the facts are given. Needs to be carefully researched. Mr. Keesey mentioned this was scheduled to go before the Planning Commission three times for various reasons and has been continued each time. He feels they should go forward and opposes the possibility of continuance. Marjorie Student suggested a continuance to sort out the issues, and if other action needs to taken, the Commissioners will be informed. Mr. Schmitt asked to clarify if Crayton Drive was going to be an issue. Ray Bellows said them is a recommendation from Transportation for an interconnection from Crayton Road to Seagate. Them is a stipulation of which he read. He understands the road has been platted for the extension and to reallocate square footage - this is not properly noticed. Marjorie responded this is not a zoning type public hearing and doesn't want to construe the Ordinance to indicate it as such. Mr. Kant - Transportation Operations Director - recommended several construction improvements if the project goes through. This is a piece of information the Commissioners should be aware of. Mr. Richardson stated the transportation analysis will have a bearing on whether the whole project goes forward or not. Don Scott - Transportation Planning - had sent an e-mail stating they need to look at the transportation part of the project for consideration only. Would be a public hearing in the future and will deal with some of the other issues raised at the meeting. Mr. Richardson moved PUDA-03-AR-4008 Pelican Bay PUD that was scheduled to be heard today, be continued to December 18th, 2003 as part of their regular business on that day. Second by Mr. Adelstein. Carried unanimously 9-0. Page 10 November 20, 2003 Mr. Richardson moved DOA-2003-AR-4777 - Pelican.Bay DRI (Companion Item) be continued date certain to December 18th, 2003 to be heard as part of their regular business on that day. Second by Mr. Adeistein. Carried unanimously 9-0. 8. Old Business - none. New Business - Mr. Abernathy asked the County to explore the ideas of receiving emails at a Collier.gov box for storage to be read or not read. It has to be retained according by the County Attorneys office.. Mr. Schmitt would look into it, but let the Commissioners know the only way to read them would be through a county computer or via the Web. Marjorie stated they could print their information. 10. Public Comment Item - None 11. Discussion of Addenda - None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:32 PM. " COLLIER COUNTY PLANNING COMMISSION Chairman Russell Budd Page 11 November 20, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION/LDC AMENDMENTS Naples, Florida, November 20, 2003 1611 LET IT BE REMEMBERED, that the Collier County, Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in SPECIAL SESSION in Building "F of the Govemment Complex, East Naples, Florida, with the following members present: CHAIRMAN:.. Russell Budd Mark Strain Lindy Adelstein Paul Midney Dwight Richardson Kenneth Abemathy Brad Schiffer Robert .Murray George Evans ALSO PRESENT: Patrick White, Assistant County Attorney Joe Schmitt, Comm. Dev. & Environmental Services Stan Litsinger, Planning services Tom Palmer, Assistant County Attorney Bill Lorenz, Enviromental Services Page N'~"ov¢~_bcr , The meeting was called to order by Russell Budd at 8:30 AM. Pledge of Allegiance was recited. t Roll call was taken - a quorum established. Chairman Budd explained this is a continuation of their November 12th meeting on the Land Development Codes - Eastern Lands/Rural Fringe. Time certain 1:30 PM will be their regularly scheduled CCPC meeting. EASTERN LANDS ' TAB E - 2.2.31 North Belle Meade Overlay District- Marti Chumbler, carlton Fields, (An errata sheet was provided) (One hearing will be heard on all tabs) · Map was provided of area in discussion. · Page 3 - In Comp Plan language · Page 5 - 2A - Staff will make sure Transportation Dept. is keeping average historic levels of traffic. · C - The Dover Kohl report is a public document and obtained from the.County and has been accepted by the BCC. (Intended to be a guide and not Specific criteria) · Item 4 - Marti stated density on page 5 is "Outside of rural villages", page 6 "inside of rural village". SPEAKERS Bruce Anderson - Attorney - concerning the A-PAK earth mining operation - he noted they were offered and accepted to BCC that historic numbers were based on size and years of excavation. There was a stipulation on amount of traffic on the earth mining operation. The errata sheet had an error - "or one dwelling unit per legal conforming lot or parcel" - should read "non-conforming" lot or parcel. ' Section 2.2.31.4 Par. A - Page 4 - addition to language - asked that the sentence "and provision be made for their completion" be deleted and addressed at time of PUD approval. After discussion Robert Mulhere stated there is no connection between a prOposed residential development and the requirements of par. 1 -4. Alternative may be "and to the' degree such improvements are necessary for the development" - he felt the intent was very clear. Mr. Anderson felt that was an improvement. Page 2 Novcmbe~ 20, 2003 Mr. Strain moved to recommend transmittal of Tab E as modified and found consistent with the Growth Management Plan. Second bY. Mr. Adelstein. Carried unanimously 9-0 , TAB F - 2.6.9 - Essential ServiCes · Revision of an existing LDR ' intent is to clarify and specify the services in the particular areas in the rural fringe. · Will add "natural" gas to #2. · #4 - change language to - "limited to "necessary" fo.r providing etc." · 2.6.9.2. Conditional Uses - A. 1. - Electric or gas generating plants - will check on how provision has been applied. · Page 5 -B.2. & C.3. - will define safety services. · Mr. Richardson asked about the permitted uses in the parks area. Ms. Chumbler will make sure they did not miss a change. Mr. Patrick White - Assistant County Attorney -. interjected and noted the Planning Commissioners took action to hear all the Amendments twice - or the CCPC took action he was not aware of. The minutes will be checked for assurance. Mr. Budd recollected hearing them once, twice.if necessary but will wait for clarification from the minutes. They will move foi'ward at this time. Mr. Schiffer moved to recommend transmittal of Tab F as modified and found consistent with the Growth Management Plan. Second by Mr. Adelstein. Carried unanimously 9-0. TAB G - 2.6.35 - Communication Towers · Page 3- Habitat lose - why limited to 951 areas? Mr. Palmer - Assistant County Attorney - it was a staff generated item. The language will be amended. · Page 3 - 2.6.35.5.9 (B) - take out "desires". · Page 4 - 2.6.35.8 - Wireless Telephone Service - 911 Calls. Mn Palmer said it is vague and should be limited to real 911 but is a State Statute. Patrick White suggested adding "system" to follow the Statute. · Page 4 - (B) add "New" Towers .... · page 4 - to state - only "white unless otherWise required by the FAA,' · Page'5 2.6.35.8.4, add"necessary". SPEAKERS Richard Woodruff- Wilson Miller - wanted everyone to know the TelecommuniCation Industry does take broadest possible interpretations of the language just discussed. Time line applies to 911 towers and to other cell towers as well, Page 3 16 I 1 N~embcr 20, 2003 Patrick White stated the provisions are limited to what the Statute calls E911. Mr. Adelstein moved to recommend transmittal of Tab G as modified and found~ consistent with the Growth Management Plan, removing, the geographic ref. to 951 in 2.6.35.5.9 -C and change "service" to "system" in 2.6.35.8 and the EAC's recommendation for only white strobe lights. Also under "default approval" add "necessary" E911 service. Second by Mr. Strain. Mr. Palmer stated they cannot pass an Ordinance that deletes the wording of applicable things that the State Statute applies to and try to narrow its application to Collier County. His position is that it is ambiguous - but the intent of the legislature is talking about a special service, not something that can be fixed immediately and still goes through the normal processing. A lengthy discussion took plaCe. Another issue discussed was the white strobe light with a light barrier or up shielding, and Nancy Peyton concerned about the protection of wildlife and quality of life for birds as well as the people regarding the lights. Motion carried unanimously 9-0. TAB H - 3.5.11 - Littoral Shelf Plantina Area This is a revision of existing language. Ms. Chumbler corrected an error of the cross referencing on the numbering. The excavation lakes are exempt from littoral plantings, subject to meeting State Permits listed. They did add language - when converted to a different use, the littoral standards would apply. Mr. Strain moved to transmit Tab H with recommendation of approval and consistent with the Growth Management Plan. Second by Mr. Adelstein. Carried unanimously 9-0. 9:47 A.M. Break 10:00 A.M. Reconvened TAB I - 2.6.39 - TDR'S (Transfer of Development Rights) · Page 2 - C - Mr. Richardson addressed the submerged lands being excluded. Mr. Mulhere stated the TDR provisions were written in 1974 and amended in 1993. They did not revise the language and will have to do in a subsequent amendment cycle if needed. This does not apply to any submerged land or wetlands that are in the Eastern Lands. · Page 3 - Mr. Richardson asked if there was language somewhere that states whether they round up or down on the number of units. Ms. Chumbler responded it is consistent with the way density is calculated of rounding up or down in the County presently. Page 4 1.611 November 20, 2003 · Page 6 - l-f- Incomplete sentences and will correct language for better understanding. · 2.6.39.5 ~-,invalid numbers and letters. ,: · 1-c - will be clarified. · Ms. Chumbler stated they are establishing a TDR credit value of $25,000 which was directed by the Board of County Commissioners. Dr. James Nicholas did an updated market analysis, and based the $25,000 on his study of property sales in that area. · Mr. Richardson asked why the market place doesn't take care of the price. · Mr. Murray wondered if there is a holding corporation and could corporations transfer between corporations. · After one year the program is implemented and the LDR's become affected, the BCC are required to revisit the program again to see how it is working. · Transaction fee will be charged - but no fee has been established at this time. It has been suggested to be a nominal fee. SPEAKERS Chuck Mohlke - appeared on own behalf- also a member Rural Fringe Committee - He addressed Page 7 - 2-B - Uncertainties not addressed appropriately - Transaction fee - wanted to know when it will be established and what constitutes a modest fee. Stan Litsinger responded it will be an Administration fee with a recording fee in recording the rights and property transferred. Not sure if they will create the TDR's and then record them or wait for a Buyer or Seller to initiate a process. The fee would be nominal based on the $25,000 could be approx. $100.00. The recording fee has not been decided on who will pay it. Mr. Richardson suggested putting an upper range on it perhaps with a "not to exceed" percentage. · Mr. Schmitt discussed the services given from his Department. It will not be profit generated. Until they know the procedures and staff and time involved, - they will nOt know What the fees will be,' ' · Ms. Chumbler responded the language could be "a TDR Transaction is sufficient to cover the expenses incurred by the County for administering the program:" Mr. Mohlke said they need to make a decision on whether they want it to be a free and open transaction between interested parties, where they determine the economic- Page 5 November 20, 2003 interest of both in open negotiations and not be burdened with a transaction fee which could be a concern whether the commodity transaction can take place or not. When determined a fee could be done in a Resolution where it could change easily. Richard Woodruff- - TDR's - when a governmental begins to establish a value - they should have some relationship to the ownership. - If establishing a $25,000 value on a TDR, it begins to impact the basis of the market system. Price should be determined by the market place itself. Do not suppo .rt the government getting into the fair market to establish land prices. - Fractional TDR's are created within the Rural Fringe. Examples were given. There will be hundreds of fractional units created. - Do not apply first built TDR's to the Rural Fringe area; let it be what actually gets built. Ms. Chumbler stated the reasoning of setting a price is to ensure there would be a floor value returned to the sending land property owners. They might not get a returned value for their development rights. More discussion was held on the transaction fee, rounding up or down and fractional TDR's. This is a one year trial program. They would not revisit the validity of the TDR, just the implementation of the program. Mr. Mulhere stated the Urban TDR language had a provision that said the fh'st units used on a project are deemed to be the first ones used. There are restrictions on number of units transferred from urban to urban with limited conditions. The Rural Fringe process is what they want to promote the transfer of development rights. A BCC workshop had been held in which they established the floor of a TDR price after the study was done by Dr. Nicholas. Commissioner Coletta is concerned about the "little guy." David Ellis - Collier Building Industry Assn. - served on Rural Fringe Committee - - Did study on TDR programs - successful & not successful ones. - Some did not set price. Clearing house. If government manipulateS program, it created problems. May create inflexibility. - Citizens affected - lost rights - value to property - need a system that works. Restore values - supply & demand. Page 6 1511 ~ovember 20, 2003 - Concerned about fees. How and when charged and when reported. Need simple system. - Nothing done in program on affordability issues in Rural Fringe area. Bruce Anderson - Stated that they really need to make this work. ... - Need to have Dr. Nicholas at the BCC hearing - someone to formulate and implement a TDR program that has hands on experience. - Mr. Mulhere alluded to the requirement of first unit on urban infill be a TDR. That guts the urban infill provisions in the Comp Plan. ' ~ - Not enough TDR's to Satisfy demand in Rural Fringe. - Urban to Urban TDR program has been a failure. - Internal transfers - should be exempt other than recording the transfer. Not subject to a minimum price requirement. - The County should become a TDR bank. - Follow Dr. Nicolas' recommendation - he did not recommend the County set the values, did recommend establishing the County or a non-profit entity as a bank. - More concerned about a central depository being established than the price. More discussion followed on Mr. Anderson's remarks. Stan Litslnger responded on the TDR bank stating the BCC did not give direction on establishing a banking mechanism, other than the County would act as broker for buyer and seller. Mr. Anderson felt the BCC/TDR Workshop was not well noticed - especially for those making the decisions on the Amendments. The Public Heating is being heard now. Mr. Budd did not feel comfortable taking final action and would like to rehear it in a second public hearing. Mr. Schiffer - Page 7 - B. 1. d. put a period after severed, and eliminate the establishing value of any such remuneration of at least $25,000 per TDR Credit. Mr. Strain felt they should give it the one year trial and establish issues where policy hasn't been set as of yet. Mr. Schiffer moved, concerning section 3.6.39.6 - B. 1. d., to eliminate everything from the word sever - "and establishing the value of any such remuneration is at least $25,000 per TDR Credit." Second by Mr. Abernathy. Carried 7-2. Budd& Strain voting "no". Page 7 ~¥¢mber 20, 2003 Other · · · · Directions given were: Encourage the' transfer fee being established ASAP. Urban area Mot first use. Central Depository good idea. Exemption of Internal transfers good idea. (Ms. Chumbler will change and include not only the same owner but affiliated owners) Timing of TDR's - show right of ability to purchase prior to final action of the PUD - once the PUD is approved - change 60 days to 90-120 days. Patrick White - Consider 2nd hearing - December 1, 2003 - 2:00 PM. Chambers. · Can continue all the first hearing items to that date without any need for advertising. · If there are items from today to continue on the 24th for a second hearing - is okay. · The items being heard today were noticed and advertised for second hearings. · If the members want to hear the items for the second time - they need to hold a second hearing on December 1st at 2:00 PM. Mr. Murray moved to hear staffs recommendations and clarifications on specific items asked for and continue Tab I - TDR's - Eastern Lands with 1 public hearing. There will then be a vote to approve and pass onto. the Board of County Commissioners all the Rural Land assessment LDR's. Second by Mr. Richardson. Carried unanimously 9-0. TAB J- 2.6.40 - Density Blendina · Language is verbatim from Policy. · Page 2 ' A. 6. - Highest quality - varies on the nature of the site. Mr. Murray moved to forward TAB J. Second by Mr. Adelstein. Carried unanimously 9-0. Will continue first hearing on Tab's A-L-M & N and the Oil & Gas issues. · Oil&Gas-TabA-B&C · Parking - Tab A & C · DefinitiOns-Civic & Institutional uses & Pathway · Street Cross Sections & Sizing of alleys · Dark Skies · 'Listed Species - Tab A-B & C - and L · Special Event Signage Page 8 20,2003 To check calendars and decide after lunch. Monday, Nov. 24th - 5:05 PM Chambers (or) start earlier in the day - Possibly 2:00 PM Monday, Dec. 1st - 2:00 PM Chambers Tabs K, L, M & N will be taken on Nov. 24th. All speakers can return on that date. Mr. Adelstein moved they continue their meeting to 1:15 PM to set a "time certain" for Nov. 24th, 2003. Second by Mr. Murray. Carried unanimously 9-0. 12:00 NOON - BREAK FOR LUNCH 1:15 PM - RECONVENED Mr. Adelstein moved to hear the Eastern Lands on Monday, November 24th, 2003 2:00 to 5:00 PM - break for 1 hour - continue from 6:00 - 9:00 PM. Second by Mr. Murray. Mr. Adelstein moved to amend the motion that the Eastern Lands are a continuation on the items pertaining to the first public hearing and for the Eastern Lands of items not heard today for the second Public Hearing. Mr. Murray amended his second. Carried unanimously 9-0. There being no further business on the LDC Amendments, the meeting will be continued to November 24th, 2003 at 2:00 PM. COLLIER COUNTY PLANNING COMMISSION Chairman Russell Budd Page 9 FOREST LAKES Fiala J r/~ - Halas Henning-- ~ -- Coyle ~-/×~ Coletta- ~' - ROA 1)~,~'A ~ A N l) i) R ~, I N A (; ENI. S,~ [. I ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 1611 SUMMARY OF MINUTES & MOTIONS November 19, 2003 mt Approval of Minutes: It was moved and seconded to approve Minutes for October 15th, 2003. Approval of Agenda: Agenda was amended to add Under Old Business: C. Maintenance Contract for Woodshire Ditch. Old Business: B. Traffic Concerns onto Pine Ridge - Bob Tipton After a lengthy discussion on timing of the lights and dual left lane turns, Roger Somerville moved to have the County install a dual left lane "left only" option of the right lane; "left turn, through traffic or right turn on red." They will study the options of the right lane, leaving it as is, (which is right turn on red, yielding to U-turn) with the possibility of changing the right lane to "no turn on red" eventually, if needed. Second by Bob Cunningham. Carried unanimously 4-0. Update on Proposed Study/Wilson Miller- Craig Pager A report was handed out (Attached) Many improvements need to be made with swales and drainage. Wilson Miller presented: Draft Work Plan - Priority Improvements and a Draft Work Plan - Phase I. After a very lengthy discussion the following motions were made: Roger Somerville moved to get an estimate from Craig Pager/Wilson Miller & Butler Engineering for a pump station to understand the cost difference. Second by Bob Jones. Wilson Miller did not recommend a pump station. Motion fails 3-1 - Donovan, Jone~ & Seab~cy~'no' - Somerville voting "yes". Bill Seabury moved to implement the Draft Work Plan & Phase I that was recommended by Wilson Miller for an estimated cost of approx. $300,000. Second by Bob Jones. Easements are needed from the Golf Course along with construction and drainage easements where needed and necessary. The Motion was amended to include acquiring any needed easements from the golf course or needed property owners in implementing the Work Plan. Bob Jones amended his second. Carried unanimously 4-0. Bob Jones moved to authorize Collier County and Wilson Miller prepare a scope of Work for Services for plans, costs, design and specifications. Second by Roger Somerville. Carried unanimously 4-0. Bill Seabury moved to transfer the majority of the $587,000 into Improvements General with the remainder of the funds to be divided among the operating categories in the amounts appropriate to cover the deficit accounts ands any other accounts necessary. Second by Bob Jones. A Budget Amendment and Executive Summary will be prepared. Carried unanimously 4-0. Maintenance Contract for Woodshire Lane Drainage Ditch Roger Somerville moved to cancel the contract wit Commercial Land Maintenance to clear Woodshire Ditch. Second by Virginia Donovan. Motion Carried 3-1. VI. New Business: C. Ownership of Woodshire Lane - Vai Prince After a lengthy discussion the following motion was made: Bob Jones moved to authorize staff to get the Abstract Title work done by as Certified Title Company to verify the ownership and right- of-way of Woodshire Lane from Pine Ridge to Emerald Greens including Woodshire Villas, not to exceed $500.00 Second by Roger Somerville. Carried unanimously 4-0. 2 FOREST LAKES I{()A I)XV ~Xx,~ ,X N i) i)RA I N A(; E ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 A~enda M.S71'.I. December 1% 2003 I. H. CALL MEETING TO ORDER: ATTENDANCE: APPROVAL OF MINUTES: November 19, 2005 APPROVAL OF AGENDA: TRANSPORTATION SERVICES REPORT A. Budget- Val Prince OLD BUSINESS A. Report by Wilson-Miller - Craig Pager 1. Update on Specification Contract B. Update on turn lanes onto Pine Ridge from Forest Lakes Main Entrance NEW BUSINESS: A. Results of special meeting with Golf Course - Bob Jones B. Ownership of Woodshire Lane - Val Prince VI!I_. PUBLIC COMMENTS IX. ADJOURNMENT Thc re:v! mccti.g .'ill fl~ Jamtarl, 21~t, 2003 a~ 10:00 ,1 1' 1Vtt:' t,'tII?tSNT L,,I Kt2~' ( 7. t 7HtOI FOREST LAKES R ( ) A I) W A ~' A N I) !) r ,x ! N A (; E hi. S.Y. I ;. ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 MINUTES November 19~ 2003 I. The meeting was called to order at 10:07 AM by Chairman Robert Jones. ATTENDANCE: Members: Bill Seabury, Bob Cunningham, Roger Somerville, Virginia Donovan, Bob Jones County: Val Prince-Landscape Operations, Tessie Sillery-Operations Coordinator, Diane Flagg-Director Traffic Operations-ATM-Landscape Operations, Jerry Kurtz-Project Mgr./Storm Water Mgt., Bob Tipton- Traffic Operations Engineer Others: Robert Kindelan-CLM, Rebecca King-Wilson Miller, Craig Pajer-Wilson Miller, Sue Chapin-Manpower Services, and approx. 10-15 residents. (Sheet attached) APPROVAL OF MINUTES: October 15, 2003 Roger Somerville moved to approve the minutes of October 15, 2003. Second by Virginia Donovan. Carried unanimously 4-0. APPROVAL OF AGENDA: Under Old Business add: C. Maintenance Contract for Woodshire Ditch Bob Cunningham moved to approve the Agenda as amended. Second by Roger Somerville. Carried unanimously 4-0. TRANSPORTATION SERVICES REPORT A. Budget - Val Prince handed out the Budget sheets. He explained the various accounts, line items and Revenues. (Attached) 1. Pot Hole Update - Invoice for Road & Bridge on Pothole repairs is for $934.79. That account is now in the negative. Originally budgeted $500.00. (The Committee directed the County to fill the pot holes.) It was noted they are in need of repair again. Val mentioned the fund for Electricity is also in the negative of $37.50. General Improvements are in the negative $3,750.00. Those 3 accounts will need adjusting. Val recommended monies be moved from "Reserves for Future Construction" and done all at the same time after Craig Pajer's presentation. Transfer of Funds - will discuss further after Wilson Millers presentation. OLD BUSINESS B. Traffic Concerns onto Pine Ridge - Bob Tipton Bob Jones suggested a dual left and the fight lane go left or right on red only. Bob Cunningham stated they have a problem for approx. 10 weeks during the year - to make a double turn lane and not a right at the traffic light at Pine Ridge and Forest Lakes Blvd. He feels the green light is for too short a time period. He felt the solution was to extend the timing of the green light in order to get more cars out of the entrance onto Pine Ridge Road. Bob Tipton informed the Committee they cannot extend the timing of the light any longer than it already is. It is getting 24% of the cycle time and can't take any more time away from Pine Ridge Road. The times change during the day and he is looking at the AM rush peak hours. There have been complaints with right turns on red while Pine Ridge west bound has the green arrow. There have been requests of posting and changing "no turn on red". The sign now says "right turn on red, yield to U-turn traffic". The "no turn on red" will reduce the traffic going out. After a lengthy discussion, Bob Tipton recommended installing a "dual use left turn lane" - 30 seconds green in AM, and "no turn on red". ...... can do the markings and changes within a month. Bob Cunningham is in favor of the dual left, but not the "no turn on red". It was discussed that residents should be able to turn fight on red in the non-peak hours. More discussion followed on possibilities. Mary Marconi (resident) stated she doesn't want to increase the traffic, but she would take the road behind Publix to get onto Pine Ridge. Mr. Tipton stated it might be an alternative. Roger Somerville moved to have the County install a dual left lane "left only" option of the right lane; "left turn, through traffic or right turn on red." They will study the options of the right lane, leaving it as is, (which is right turn on red, yielding to U-turn) with the possibility of changing the right lane to "no turn on red" eventually if needed. Second by Bob Cunningham. Carried unanimously 4-0. Update on Proposed Study/Wilson-Miller- Craig Pager A report was handed out. (Attached) Map displayed. Table 1 - Swale Re-2radint~ 2 · Majority of swales are on golf course property, but considered joint in nature as originally designed. · No historical data so took Counties fixed term construction costs (3 contractors) at hourly rate for; equipment operator, laborer, foreman and equipment. Estimated in one day they could reconstruct 100 feet of swale. · Estimated cost $629,325 Table 2 - Swale Replacement with Pipes. · A pipe could be used instead of re-grading swales. · Estimated cost. $3,050,595 Craig discussed the east side of Forest Lakes - all swales drain to Lake #12 - outfalls to Swale #18. A controlling factor is the elevation of the water in the canal adjacent to Forest Lakes. When extreme flooding, water level in canal is high and above elevation. Have no control over the elevation in the canal that goes to the Gordon River, taking care of the flow internally. Need to clean up everything in Forest Lakes so not responsible for any internal flooding - then if it can flow it will. The County is responsible for the Gordon River. Craig commented that $600,000 to re-grade the swales is costly, but is 20% of what it would cost to put a pipe in, which is a long-term fix. They would be paying 5 times more money, but more of a permanent solution to the drainage problems. The Committee will have to make that decision. The total flow during a 100 year rainfall for the Forest Lakes development on the east side is 200 Cubic feet/sec. Double it when adding the whole area. (Bill Seabury arrived- 10:50 AM.) Table 3 - Additional Improvements. · Single Family Side Yard Culverts - pipes and catch basins - replacing the swale with a pipe. Est. cost $549,885 · Single Family Roadway Cross Drains - connections to each side of roadway so swales of homes on east side would connect to west side swales. Instead of going toward golf course, would flow to north south canal. Est. cost $117,000 · Lake/Swale Interconnects - connect lakes, replacing swales w/pipe and put a catch basin in golf course swale to intercept the flow in swale putting it into the lake. Est. cost $87,842 · Valley Gutter along Woodshire Lane - problem is buildup on east side - add 2 foot valley gutter to roadway. Will take water off asphalt, channel into valley swale, and direct to eastern perimeter ditch or #18 ditch. Est. cost $120,000 · Lake Enlargements - 4% of land allocated to lakes. Naples Bath & Tennis is 17%. Part of problem is when it rains no place for water to go giving more volume to the lakes. Need approval by the golf course and would double the amount of lakes to 8%. Est. cost $1,771,189 · Water Storage Tank - concrete tank for golf course to store irrigation water. They are now getting reclaimed water from City of Naples. Putting water in the lakes is taking up volumes of water that could be used to store run off for storm drainage. Solution is to take reclaimed & irrigation water for the golf course out of the lakes, by having a storage tank that would be filled through-out the day. Showed site location by Lake #8. 1M gal tank. Est. cost $400,000. · De-silt Twin Culverts at Hole 5 - by Lake #4 - Est. cost $17,280 · Littoral Zone Plantings (Lake vegetation) - planted around lakes on the golf course. Est. cost $127,850 · Add Catch Basins Along Forest Lakes Blvd - Man holes there and no way for water to go into the storm sewers. Est. cost $24,000 · New Outfali ~ Fairways at Emerald Greens/Single Family Homes - connect lakes and outfall to eastern drainage ditch to relieve existing control structure and capacity of ditch by routing it out of Forest Lakes into the east south canal. Est. cost $107,625 Potential Solutions: No cost estimates Iliven at this time. · Forest Lakes Villas Swale Installation - driveways have inverted concrete swales - sod is high - put swale in for drainage. Committee needs to decide whether they will be getting involved in individual Condominium Assoc. to make improvements, or leave those improvements to the individual Assoc. themselves. Will the MSTU correct swales in front of all single family homes, or just provide the infrastructure, allowing them to grade the homes properly and take responsibility for the maintenance of their own systems. · Repave & Add Storm Drains - Quail Forest Drive ~ Clubhouse - Roadway deteriorating - culvert there - ground higher than culvert - no place for water to go. Need to repave roadway and put swales and culverts in for drainage. · Swale//18 Vegetation Maintenance - eastern swale - vegetation from Naples Bath & Tennis overgrows on top of swale - leaves and roots - need to hire someone to keep cleaned out. · Clubhouse Parking Lot Underground Water Storage - taking out parking lot and putting in plastic water vaults. Connect to lakes - expensive. Table 4 - Enlar~e Lakes · Description of each lake - doubling the volume. Est. cost $1,771,189 4 1611 DRAFT WORK PLAN - PRIORITY IMPROVEMENTS · Clean out swales #18b & #18c - critical as it is 1 'A foot too high - will get drainage out of Lake 10 & Lake 12. Est. cost $68,731 · Weir Gate -Lake 12 - planks raise the water level so it can't get out of the lakes in Forest Lakes and go through the pipe into the swale. Planks are difficult to remove and install - better to have a weir gate to raise and lower. Can maintain the water levels more accurately. Est. cost $12,000 · Remove Rocks & Debris from Lake #4 -the build up of rocks and debris is restricting the flow - also on the outfall side that need to be cleaned. Est. cost $20,000 · Priority Improvements total estimated cost: $100,731 DRAFT WORK PLAN - PHASE I · Swale #2 Re-grade - by Forest Lakes Villas - Est. cost $66,803 · Swale #16 Re-grade - by Belvedere - Est. cost $50,098 · Connect F-3 (Fairway) to Lake 2 - by Clubhouse - Est. cost $20,450 · Single Family Culverts & Cross Drains - Est. cost $65,370 · Phase I total estimated cost: $202,720 Virginia Donovan stated large rocks or boulders have been dumped into the lakes. Lake #6 should be corrected first as they are very large rocks. Craig stated there should be no rocks in the lakes. Lou Rossi, Quail Run General Manager - stated the level of the golf course was never raised. Asked about increasing the lakes from the 4% to 8%. Is property going to be taken? Craig responded some fairway would be taken. Lou said that would be a major problem. Increasing the lakes would be nice but can't increase the lakes with the expense of taking the fairways. Craig stated they looked at it from an engineering perspective. That will be a decision between the Board and MSTU Committee. Lou also asked if Wilson Miller had checked the soil for what the depth is and how deep the stone cap is. When they put in 20 additional new greens they found large rocks which would have been astronomical to remove, so consequently they dumped them in the lakes. Lou also mentioned they received notice from the County they can no longer spray for weeds because the acidity of the golf course and lakes are too high because of the run off from the 14 communities. He stated it is imperative the water get offthe golf course and indicated there may be some serious legal problems. Craig would like a copy of the notice that was sent to Lou by the County. Lou mentioned when the new greens were added they did raise them. (Bob Cunningham left at 11:30 PM.) Jerry Kurtz informed everyone two years ago the County spent $200,000 on a major clean out of the southern most portion of the upper branch of the Gordon River. They took out a lot of debris from the clogged area, but are now clean and being maintained. It is working properly. The Wilderness Golf Course and Royal Poinciana is draining because of the improvements to the Gordon River and their own internal improvements. If Forest Lakes cleans out their internal system it will also work a lot better. Discussions followed further on various problems with water flow and drainage in the community. Jerry Kurtz stated the canals have all been cleaned out from the bottom of Forest Lakes to Golden Gate Parkway and another half mile south to the Conservancy. They worked with Royal Poinciana and Wilderness with barges etc. to clean them out. A Gordon River study will determine how big the channel needs to be dug out and will then get proper permits etc., but is cleaned out and working properly now. He suggested to stop putting the blame outside of the Forest Lakes project, and the MSTU Committee needs to start working on their swales and vote today to implement Phase I of the Work Plan and start some action immediately. Roger Somerville wanted to get a proposal from Butler Engineering for a pump station and prioritize what needs to be done on the golf course and get the roads fixed. Jerry Kurtz responded the pot holes are all related and a direct result of the problems they have with their own (Forest Lakes) drainage. They need to take care of the pot holes now since they are so bad, which shows the urgency of implementing the work plan. As the projects and improvements are done, the pot holes will be less and less severe. He also said Julio Ordones tried his best years ago for the Committee and now they need to continue and get the projects started again. Roger Somerville moved to get an estimate from Craig Pajer/Wilson Miller & Butler engineering for a pump station to understand the cost difference. Second by Bob Jones. Wilson Miller did not recommend a pump station in their plan. After completion of the study, it is their opinion it can be drained by gravity and a pump station is not needed. Val mentioned there would be long term maintenance and replacement costs to the residents and would not recommend putting it in either. Motion fails 3 - 1 - Donovan, Jones & Seabury voting "no" - Somerville voting "yes." Diane Flagg addressed the Committee stating they have spent money to hire Wilson Miller to develop a plan on how to get the water off the property into the Gordon River. 6 1611 A motion needs to be made to implement the Work Plan and Phase I and allocate $2-3,000 to continue to repair the potholes until the water can be taken off`the road, No sense in allocating ~unds for an overlay until the plan is implemented to get the water off the road. Bill Seabury moved to implement the Draft Work Plan and Phase I that was recommended by Wilson Miller for an estimated cost of approx. $300,000. Second by Bob Jones. - Bill wondered if just the priority improvements could be done first. - Val said the committee needs to get easements from the golf course and would like the motion to be amended to include acquisitions are needed for any easements necessary; whether they be construction or drainage easements. Bill Seabury amended his motion to include acquiring any needed easements from the golf course or needed property owners in implementing the Work Plan. Bob Jones amended his second. Motion carried unanimously 4-0. Bob Jones moved to authorize Collier County and Wilson Miller prepare a Scope of Work for services for plans, costs, design and specifications. Second by Roger Somerville. Carried unanimously 4-0. Bill Seabury moved to transfer the majority of the $587,000 into Improvements General with the remainder of the funds to be divided among the operating categories in the amounts appropriate to cover the deficit accounts and any other accounts necessary. Second by Bob Jones. A Budget Amendment and Executive Summary will be prepared. Carried unanimously 4-0. C. Maintenance Contract for Woodshire Lane Drainage Ditch- Roger moved to cancel the contract with Commercial Land Maintenance to clear Woodshire Ditch. Second Virginia Donovan. Robert Kindelan/CLM explained his contract is for once a month to do weed control on the banks of the canal and control plant material that impedes the flow of water. They are not to clean out or dredge out the canal. They did it on a one time basis with a back hoe etc. He also said it didn't make sense to do the maintenance if they are going to excavate the canal, so it would be logical for them not to do that particular maintenance. Motion carried 3-1. Bill Seabury voting "no. Bill Seabury wanted to reword the contract according to the extra work that should be done and maintained. They are paying $260/Month for those services. 7 NEW BUSINESS: A. Estimate on Weir Gate - Craig Pajer/WM - discussed earlier B. Quotes for cleaning out the ditches & swales - Val Prince- discussed earlier. C. Results of meeting with Golf Course - Bill Seabury - The committee has a copy of the Special Meeting held on October 23, 2003. Another follow-up meeting will be held at Quail Run Clubhouse on December 10, 2003 -time to be determined. D. Ownership of Woodshire Lane - Val Prince Val handed out a copy of the tax map. (Attached) There are issues on the ownership of the right-of-way. Will cost $150 for each parcel for a title search. There was a lengthy discussion on the ownership and verification of a certified title search for Woodshire Lane. Legally this will have to be done before a contract or any improvements are done on the properties. Easements need to be verified. Improvements cannot be made on private property unless the owner's permission is given. (Associations etc.) Bob Jones moved to authorize staff to get the Abstract Title work done by a Certified Title Company to verify the ownership and right- of-way of Woodshire Lane from Pine Ridge to Emerald Greens including Woodshire Villas, not to exceed $500.00. Second by Roger Somerville. Carried unanimously 4-0. D. Sunshine Law Workshop - 12/5/03- 2-3:30 or 1/14/04-9-10:30 Val would like authorization to provide an RLS to the County Attorney to review the Ordinance making sure the MSTU is incompliance and the Ordinance doesn't have to be modified and continue without changing it. The Committee feels they should not have to pay any legal fees for the County Attorneys Office to review the Ordinance that they created originally. Val will discuss street lighting with the Committee at another meeting. VIII. PUBLIC COMMENTS - Ernie Carroll discussed the potholes, grants and sidewalks for future consideration. Being no further business to come before the committee Roger Somerville moved to adjourn. Second by Bob Jones. Meeting adjourned at 1:25 PM. The next ttteeti.g~ will he I)ccemh,'r 17iff, 2003 ttt! 0:00 · 1 T TIlE I'¥)Rt;,~'f LIt KE,¥ ( '1, i .'IHIOI 1058 l:)~rc~'t I.a.t',c~ I}rivc 1611 NODDSHIRE LANE z~ ~mm mm ~Oz mz cz ~ ~9~ ... 0010 Om Henning RECEIVED Coyle _ r ~ . Coletta // :_ ~[:_P 2 2 2003 Item M.A. ENVIRONMENTAL ADVISORY COUi~I~ of County Commissioners STAFF REPORT MEETING OF OCTOBER Iv 2003 II. III. NAME OF PETITIONER/PROJECT. Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUDZ-2003-AR-3665 Bella Lago PUD Gates McVey-Knopke, LLC Coastal Engineering Consultants, Inc. Earth Balance LOCATION: The subject property is an undeveloped 24.21-acre parcel located on the east side of Goodlette-Frank Road, approximately 1000 feet south of Vanderbilt Beach Road in Section 3, Township 49 South, Range 25 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Development and road right of way surround the property. ZONING DESCRIPTION N- pUD A S- pUD Pelican Marsh preserve area Collier County Utilities plant Residential Tract of Calusa Bay; 300-Acre Goodlette Road PUD E- PUD Residential Tract of Monterey; Monterey PUD W - ROW A Goodlette-Frank Road ROW Single family and agricultural uses; Pine Ridge subdivision EAC Meeting Page 2 of 7 IV. ge PROJECT DESCRIPTION: The proposed Bella Lago PUD is a residential development with a maximum of 72 dwelling units. The residential units include attached single family, villas and townhouses of two-stories, with a maximum height of 35 feet. Also included are recreational amenities, a preserve, and stormwater management lakes. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development (with a variety of unit types) at a base density of 4 dwelling units per acre. This district is intended to accommodate a variety of residential and non-residential uses, including mixed- use developments such as Planned Unit Developments. The project is located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, so is subject to a 1 dwelling unit per acre reduction from the base density of 4 dwelling units per acre and is not eligible for any density bonuses. Therefore, this project is limited to a maximum density of 3 dwelling units per acre. Base Density Traffic Congestion Area Total Eligible Density 4 du/a -1 du/a 3 du/a Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element: The project is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: A minimum of 25 % of the existing native vegetation on-site is being retained and set aside as preserve areas with conservation easements prohibiting further development. Preserve areas are interconnected to adjoining off-site preserve areas and wildlife corridors. EAC Meeting Page 3 of 7 1611 Habitat management and exotic vegetation removal/maintenance plans shall be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be maintained free of Category I invasive exotic plants as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental Impact Statement (ELS) pursuant to policy 6.1.7 has been satisfied. Jurisdictional wetlands have been identified as required by Policies 6.2.1 and 6.2.2. Agency permits shall be required prior to Site Development Plan/Construction Plan approval. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas have been identified on the PUD master plan. Allowable uses within the preserve areas have been included in the PUD document, and are consistent with the uses identified in Policy 6.2.6. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). A gopher tortoise management plan in accordance with Policy 7.1.2 will be required at the time of Site Development Plan/Construction Plan submittal. VI. MAJOR ISSUES: Stormwater Management: The site is located within the Pine Ridge Canal Basin. The County maintains the stormwater facility adjacent to the west side of Goodlette-Frank Road. The stormwater system will be designed to meet SFWMD and Collier County rules an regulations for a 25-year 3-day storm event and for water quality. The discharge will be limited to 0.15 CFS/AC, and it will be directed to the ditch located on the west side of Goodlette-Frank Road. EAC Meeting Page 4 of 7 1611 Environmental: Site Description: Pine flatwoods occupy the majority of the subject property (20.79 acres) with the remaining acreage being made up of vegetated non-forested wetland (.41 acres), herbaceous rangeland (.78 acres) and 2.23 acres of utility easements which front Goodlette-Frank Road. Varying degrees of exotics are present throughout the property. A portion of the site is being used for beekeeping and honey production. Three soil types occur on the subject property as mapped by the Natural Resources Conservation Service (NRCS). Immokalee fine sand covers most of the site, Basinger fine sand and Boca, Riviera, Limestone Substratum and Copeland fine sand, depressional make up the remaining soil types. One of the soil types found on site, Boca, Riviera, Limestone Substratum and Copeland fine sand, depressional is listed as a hydric soil by the NRCS. A map showing the locations of the soils on site, along with descriptions of each soil type, are included as attachments in the (EIS). Wetlands: A small portion of the northeast comer of the site is jurisdictional wetland (.41 acre). A brief summary of the major flora within these wetland areas is found on page ten of the EIS. This wetland is contiguous to wetland preserves on the Pelican Marsh and Villages of Monterey PUDs. Part of the wetland contains an FP&L easement and has severe rotting from vehicle access. This area comprises only .02 acres of the site. The entire area of the wetland, minus the .02 acre FP&L easement, will be preserved as part of the project's preservation requirements. Preservation Requirements: As required in Section 3.9.5.5.3 of the Land Development Code, twenty-five percent of the existing native vegetation is required to be retained onsite. The minimum preservation requirement for the 24.21-acre site, excluding the FPL easements (2.25 acres) is 5.49 acres. The applicant is proposing to retain 5.59 acres of wetlands and uplands as shown on the PUD master plan. EAC Meeting Page 5 of 7 1611 Listed Species: One protected species was found on the property by the environmental consultant using state methodology to survey the property. Eight active and six inactive gopher tortoise burrows were observed, which are scattered throughout the site (see Exhibit 10 of the EIS). Staff observed one additional active burrow and four gopher tortoises during two site visits. A current survey will be required at the time of Site Development/Construction Plan submittal and a state permit for relocation will be required for approximately six of the fifteen burrows. They will all be relocated within the northern upland preserve tract (Tract B-l), which is the best suitable habitat available and is contiguous with off-site preserves, and will be protected through a required gopher tortoise relocation/management plan. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. P UDZ-2003-AR- 3665, "Bella Lago" with the following stipulations: Stormwater Management: This project must obtain a surface water management permit from the South Florida Water Management District. Collier County Stormwater Management Section will review and approve the stormwater system. At the time of construction plans review, petitioner shall verify that peak stages do not cause adverse off-site impacts to neighboring developments. Environmental: Revise Section 2.17 of the PUD document to reflect the correct acreage of preserve requirement, 5.49 acres. Revise the master plan to reflect the correct acreage of preserve requirement and the correct boundary of the preserve (minus the east-west FP&L easement). o Revise the EIS to reflect the correct acreage of preserve requirement and indicate that the FP&L easement through the wetland will not be included in the required preserve. EAC Meeting Page 6 of 7 PREPARBD BY: STAN C~ANOWS~, P.E. ENG~E~G ~VIEW MANAGER DATE J~..~C. ~DARMES MINOR, P.E. ENGINEER SENIOR DATE LAURA ROYS ENVIRONMENTAL SPECIALIST DA~E / F~IS C'HL, AIC~ ~ PRINCIPAL PLANNER DATE EAC Meeting Page 7 of 7 REVIEWED BY: l&'ll BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST DATE ..~~ D. LOI~NZ, Jr.,I~iE5- ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE CURRENT PLANNING MANAGER DATE APPROVED BY: ~ATE' /COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR ORIGIN: Community Development and Environmental Services Division County Attorney Office AUTHOR: Stephen Lenberger, Senior Environmental Specialist Thomas Palmer, Assistant County Attorney DEPARTMENT: Environmental Services Department County Attorney Office AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:220 LDC2:226.1 LDC2:226.5 LDC2:228.1 LDC SECTION: Amend Subsection 2.6.35.1 Add Subsections 2.6.35.5.9 & 2.6.35.5.9.(1, 2, 3 & 4) Amend Subsection 2.6.35.6.12 Add Subsections 2.6.35.8 & 2.6.35.8.(1, 2, 3, 4 & 5) CHANGE: Incorporate environmental guidelines into the Land Development Code to lessen the negative impact communication towers have on migratory and other species of birds, and provisions related to E911 emergency wireless telephone facilities as required by recent amendments to Section 365.172, Florida Statutes. REASON: The Rural Fringe Amendments require the County to review the list of essential service uses in the Sending Lands and Conservation Designation, and within 1 year determine what should be allowed and under what circumstances. New Section 2.6.35.8, (with its subsections 1,2,3,4 & 5) are mandated by recent amendments to Section 365.172, Florida Statutes (a general law of Florida). FISCAL & OPERATIONAL IMPACTS: Staff estimate that up to one half hour additional staff time may be needed to review site development plans for compliance with these additional regulations. The base chargeable hourly rate for the department for this type of review is $109.00. Cost estimates for bird diverter devices on the guy wires range from $9.95 to $15.95 per diverter, with an installation cost of $5.00 per diverter. The suggested spacing, as provided by the industry, is at 50-foot intervals along the guy wire. 300 foot tower: 10 guyed wires at 300 feet, spaced at 50 feet = 60 $14.95 per diverter (installed) x 60 = $897 $20.95 per diverter (installed) x 60 = $1,257 lfill' 700 foot tower: 10 guyed wires at 700 feet, spaced at 50 feet = 140 $14.95 per diverter (installed) x 140 = $2,093 $20.95 per diverter (installed) x 140 = $2,933 Monopole towers cost approximately 25% more to build than a guy wire towers. Lattice structure towers cost approximately 15% more to build the guy wire towers. This price may be offset by the smaller amount of land needed to construct non-guy wire towers. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: The Rural Fringe Amendments require the County to review the list of essential service uses in the Sending Lands and Conservation Designation, and within one (1) year to determine what should be allowed, and under what circumstances. Amend the LDC as follows: Sec. 2.6.35. Communications towers. 2.6.35.1. Purpose and intent. This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as but not limited to telephone, television, radio or microwave transmissions. This section sets standards for construction and facilities siting; is to minimize where applicable adverse visual impacts of towers and antennas through careful design, siting and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and thereby to minimize need to construct new towers; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migrato _ry and other species of birds; t~, prevent unnecessary habitat fragmentation and/or disturbance in siting and desi..~ning new towers[ and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety. 2.6.35.5.9 Migrator~ Birds and other Wildlife Considerations~ 2.6.35.5.9.1. Guy wires on new ground mounted towers that will exceed a height of seventy-_five (75) _feet, exclusive of antennas, but will not exceed a height o_f one hundred and ninety-nine (199) _feet in height, exclusive o_£ antennas. Except to the extent, if any, not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of seventy-five (75) feet (above ground), exclusive of antennas, but will not exceed a height of one hundred and ninety-nine (199) feet above natural grade, exclusive of antennas, should not be guyed. If the applicant desires to install such new ground mounted tower that is proposed to be guyed, the applicant shall not guy that tower without proving that a tower without guys cannot serve the tower's intended purposes without being guyed. 2.6.35.5.9.2. Bird Diverter Devices on Specified Ground Mounted Guyed Towers. Each new ground mounted guyed tower installed after January 1, 2004, greater then seventy-five (75) feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce iniuries to flying birds). Such devises shall be spaced along the guy wire at approximately fifty (50) foot intervals. 2.6.35.5.9.3. Habitat Loss. In addition to the requirements in Division 3.9 of the LDC, towers and other on-site facilities sited in the rural area east of State Road 951 shall be designed, sited and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing to the extent feasible shall minimize on-site and adjacent habitat fra..~mentation and/or disturbances. 2.6.35.5.9.4. Down-Shielding Security Lighting. When feasible, security lighting to protect on ground facilities/equipment shall be down-shielded to try to keep such light within the outermost geographic boundaries of the tower's footprint. 2.6.35.6.12. Tower lighting. Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights unless exempted in writing by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical standards. No other towers or antennas shall be artificially lighted except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower is to be lighted relative to flying aircraft, thc. minimum then allowed amount of pilot warning and obstruction avoidance lighting shall be used. Unless otherwise then required by law, rule or regulation, only white (preferable) or red strobe type lights shall be used at night; also those lights shall be the minimum number, minimum intensity, and minimum light flashes per interval of time (requiting the longest allowabl~': duration between light flashes). Subiect to written approval from the Collier County Mosquito Control District, solid red (or pulsating red) warning lights shall not be used at night. 2.6.35.8. Regulations Applicable to Permit Applications_for E911 Service (Wireless Emer£ency Telephone Service) per Section 365.172, Florida Statutes. These provisions apply notwithstanding any other provisions in section 2.6.35. These facilities are "essential Services." Each applicant for these permits is required to clearly inform County staff by means of an emboldened "notice" in a cover letter or on the first page of the permit application, substantially as follows: This Application is subject to the expedited timelines specified in Chapter 365.172, Florida Statutes. Also, Chapter 365.172, Florida Statutes, bars staff from requiring the applicant for such permits to provide staff with evidence that a proposed wireless communication's facility complies with federal regulations, but staff can require from such applicant proof of proper FCC licensure, and staff may request the FCC to provide information as to the provider's compliance, with federal regulations to the extent then authorized by federal law. The County has no permitting jurisdiction with regard to wireless communications facilities located (or to be, located) on property owned by the State of Florida, including State-owned fights-of-way. 2.6.35.8.1. Permits to Facilitate E911 Service. Provided the then existing zoning applicable to the proposed site allows the applied-for E911 facilities without need to rezone, or need to obtain conditional use approval, or any other required process (such as, for example, having an agreement amended), the County shall grant or deny a properly completed application requesting co-location of E911 Service, or co-location for wireless telephone service, not later then forty five (45) business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable permit application requirements in section 2.6.35. Co location of such facilities on a then existing above-ground tower or other above-ground structuru shall not be subject to the land development regulations pursuant to Section 163.3202, Florida Statutes, provided the height of the then existing tower or structure is not thereby increased. Co location of such antenna, or co-location of related equipment, shall be subiect to applicabl{, building regulations, and with all then existing permits or agreements applicable to that tower of to the underlying property. Nothing herein, including the forty-five (45) business days timeline. shall relieve the permit holder for, or owner of, the then existing tower or structure from complying with applicable permit requirements, or applicable agreement(s), or with applicablc land development regulation (including aesthetic requirement), or compliance with any other then applicable law(s). 2.6.35.8.2. Permits to facilitate new wireless telephone service towers or antennas for wireless. telephone service antennas. Pursuant to Section 365.172, Florida Statutes, provided the thel, existing zoning applicable to the proposed site allows the applied-for E911 facilities withoul need to rezone, or need to apply conditional use approval, or other required procedures, thu County shall grant or deny a properly completed application requesting location of a new wireless telephone service tower, or for location of antenna(s) for wireless telephone service, not later then ninety (90) business days after the date a properly completed application for the respective item(s) is initially submitted to staff in accordance with all applicable permit application requirements including in section 2.6.35. Nothing herein shall affect permit compliance of such facilities with applicable federal regulations, applicable zoning and/or land development regulations (including aesthetic requirements), or with applicable building regulations. 2.6.35.8.3. Twen~ (20) business days to noti~ the above-listed permit applicant of sufficienc¥ or insuf_ficienc¥ of the permit application Within twenty (20) business days of receiving the permit application for any facility listed above in subsection 2.6.35.8.1 or in 2.6.35.8.2., staff shall in writing notify the permit applicant whether the application is, or is not, properly completed. If such permit application is not properly completed, staff shall with specificity notify the applicant of any and all deficiencies, which if cured will thereby render the application being properly completed. Staff should also notify the applicant whether the applicable zoning classification allows the applied-for use(s) without rezoning, without conditional use approval, or without any other related ancillary approval process or permission. 2.6.35.8.4. Failure to grant or deny permit within applicable deadline date results in automatic approval o£ the applied-_for permit. Provided the applicable zoning allows the applied-for use without need to rezone, or without need to apply the conditional use process, or without need to apply any other applicable permitting process or permission, and in such instance the County fails to grant or deny a properly completed application for the respective (above-described) permit within the applicable timeframe specified above in subsection 2.6.35.8.1 (co-location of E911 service or co-location of wireless telephone service), or as specified above in subsection 2.6.35.8.2 (new location of wireless telephone service tower or antenna(s)), the applied-for permit shall be deemed to have been automatically granted. However, the applied-for permit will not be deemed to be automatically granted if, because of emergency conditions beyond the County's control, the applicable deadline date had to be extended because the County's procedures applicable to communications tower permits required action by the Board of County Commissioners (BCC) but that action could not be taken as of the applicable deadline date. In such an instance, the BCC shall grant or deny the applied-for permit at its next regularly scheduled meeting, or failing to do so, the applied-for permit shall thereby be deemed to have been approved, and the applied-for permit shall be promptly issued by the County 2.6.35.8.5. Permit applicant's waiver o_f otherwise applicable permit approval or denial timelines. Extensions of the above-described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit applicant. Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting activities which had been formally declared by the County, by the State of Florida, or by the federal government. Memorandum ]. $ i 1 To: Participants, LDC Amendment Cycle 3 - 2003 From: Russell Webb, Principal Planner, Planning Services Department Date: September 8, 2003 Subiect: LDC Amendments for 2003- CTcle 3 1. CURRENT DRAFT OF LDC AMENDMENTS THAT WAS DISTRXB~ED TO DSAC SUB- COMMITTEE IS ATTACHED. 2. ALL STAFF WITH AMENDMENTS IN THIS CYCLE PLAN ON ATTENDING WEDNESDAY'S MEETING (9/17), ROOM E, 2:00 P.M. 3. UPDATED SUMMARY SHEET IS ATTACHED TO SCHEDULE. IF YOU HAVE ANY QUESTIONS, CALL RUSSELL WEBB (2322). 4. PLEASE REVIEW YOUR AMENDES TO MAKE SURE THEY ARE CORRECT. PLEASE NOTIFY ME IF THERE IS ,AN ERROR. ARNOLD, M BAKER, DENN~ BELLOWS BURGESON CASEY, BOB COHEN, RANDY (R) DELONY DERUNTZ~ MICHAEL DUNNUCK, JOHN FEDER FLAGG GOCI:I~.NAUR HOULDSWORTH JOHINSON, C KANT, E KELLY, JOHN KUCK LENBERGER LITSINGER, S. (C) LORENZ, BILL MASON, SUSAN MEYER, ROBIN PERICO, ED SCHMITT, J. SCHNEIDER, DON (R) SIEMION SOTER WALLACE, BLEU WEBB, RUSSELL WEEKS, D. (C) -Finalized Copy of Ordinance ONLY COLLI, MARIAN - Co. Army Office GRAPHICS - M. Ocheltree SPENCER, BILL FILE PERMITTING FRONT PLANNER RECORDS DEPT County Attorneys: STUDENT, M. / WHITE, P. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: Community Development and Environmental Services Division LDC2:12 2.2.2.2.1. and 2.2.2.3. LDC SUPPLEMENT #: CHANGE: Cycle 3, 2003 Supplement 13 REASON: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the rural agricultural district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.2.2.1. Permitted uses. 1. Single-family dwelling. 2. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission permits. The following permitted uses shall only be allowed on parcels 20 acres in size or greater: Dairying; ranching; poultry and egg production; milk production; livestock raising; and animal breeding, raising, training, stabling or kenneling. This is not to preclude an individual property owner fi-om the keeping of fowl or poultry, not to exceed 25 in total number, and the keeping of horses and livestock (except for hogs) not to exceed two such animals for each acre, and with no open feedlots, for 1611"" personal use and not in association with commercial agricultural activity on parcels less than 20 acres in size. a. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: 1. Fighting or baiting any animal by the owner of such facility or any other person or entity. 2. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. 3. For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it maybe amended from time to time. 3. Wholesale reptile breeding and raising (non-venomous), subject to the following standards: a. Minimum 20 acre parcel size; b. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. 4. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries. 5. Conservation uses. 6. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. 7. Family care facilities, subject to section 2.6.26. 8. Communications towers up to specified height, subject to section 2.6.35. 9. Essential services, as set forth in section 2.6.9.1. 10. Schools, public, including "Educational Plants." 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in division 2.7.4. ' · ' .... l ll' 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. 2. Sawmills. 3. Zoo, aquarium, aviary, botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to State of Florida game and freshwater fish commission permits. 6. Wholesale reptile breeding or raising (venomous) standards: a. b. subject to the following Minimum 20 acre parcel size. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. Churches and other places of worship. 8. Private landing strips for general aviation, subject to any relevant state and federal regulations. 9. Cemeteries. 10. Schools, private. 11. Child care centers and adult day care centers. 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 2.6.35. 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities (category I and 1I); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C., all subject to section 2.6.26 when located within the Urban Designated Area on the Future Land Use Map to the Collier County Growth Management Plan. 17~ Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field development permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. 21. Retail plant nurseries subject to the following conditions: a. Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. b. Additionally, the sale of fresh produce is permissible at retail plant nurseries as an incidental use of the property as a retail plant nursery. c. The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. 22. Asphaltic and concrete batch making plants subject to the following conditions: a. Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the furore land use map of the future land use element of the growth management plan. b. The minimum site area shall not be less than ten acres. c. The site shall gain its principal access from a street designated collector or higher classification of road as designated by the future traffic circulation element of the growth management plan. d. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. e. The height of raw material storage facilities shall not exceed a height of 50 feet. f. Hours of operation shall be limited to two hours before sunrise to sunset. g. The minimum setback from the principal road frontage shall be 150 feet for operational facilities and 75 feet for supporting administrative offices and associated parking. h. An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with 80 percent opacity one year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. i. Compliance with all applicable ordinances of Collier County particularly the Wellfield Protection Ordinance No. 91-103 [div. 3.16 of this Land Development Code] and the Noise Ordinance No. 90-17 [Code ch. 54, art. IV]. j. The plant shall not be located: (1) Within the Greenline Area of Concern for the Florida State Park System as established by the department of natural resources (DNR); (2) Within the Area of Critical State Concern as depicted on the furore land use map; (3) Within 1,000 feet of a natural reservation; and (4) Within any county, state or federal jurisdictional wetland area. 23. Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation, shall be subject to the following criteria: (1) Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the planning services director prior to site development plan approval. (2) The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. (3) The petitioner shall utilize only trails identified and approved on the site development plan. Any existing trails shall be utilized before the establishment of new trails. (4) Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. (5) The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by the board of zoning appeals during the conditional use process. (6) Motor vehicles shall be permitted to operate during daylight hours which means, one hour after sunrise to one hour before sunset. (7) Molestation of wildlife, including feeding, shall be prohibited. (8) Vehicles shall comply with state and United States Coast Guard regulations, if applicable. (9) The board of zoning appeals shall review such a conditional use for tour operations, annually. If during the review, at an advertised public hearing, it is determined by the board of zoning appeals that the tour operation is detrimental to the environment, and no adequate corrective action has been taken by the petitioner, the board of zoning appeals may rescind the conditional use. 24. Dairying; ranching; livestock raising; poultry and egg production; milk production; animal breeding, raising, training, stabling or kenneling on parcels less than 20 acres in size. This is not to preclude an individual property owner from the keeping of fowl or poultry, not to exceed 25 in total number, and the keeping of horses and livestock (except for hogs) not to exceed two such animals for each acre, and with no open feedlots, for personal use and not in association with a commercial agricultural activity on parcels less than 20 acres in size. 25. The commercial production, raising or breeding of exotic animals, other than animals typically used for agricultural purposes or production, subject to the following standards: a. Minimum 20 acre parcel size. b. Any roofed structure used for the shelter and/or feeding of such animals shall be located a minimum of 100 feet from any lot line. '26. Essential services, as set forth in section 2.6.9.2. 27. Ancillary Plants. 2.2.2.4.3. Minimum yard requirements. 1. Front yard. 50 feet. 2. Side yard. 30 feet. 3. Rear yard. 50 feet. 4. Yard requirements for nonconforming lots of record. a. Front yard. 40 feet. b. Side yard. Ten percent of the lot width, not to exceed a maximum of 20 feet on each side. c. Rear yard. 30 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:20 LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division 2.2.3.2.1. and 2.2.3.3. Supplement 15 REASON: Cycle 3, 2003 Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the estates district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & oPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.3.2.1. 1. 2. 3. 4. Permitted uses. Single-family dwelling. Family care facilities, subject to section 2.6.26. Essential services, as set forth in section 2.6.9.1. Schools, public, including "Educational Plants. 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in division 2.7.4: 1. Churches and other places of worship. 2. Social and fraternal organizations. 3. Child care centers and adult day care centers. 4. Schools, private. 5. Group care facilities (category I); care units, subject to the provisions of section 2.2.3.3.6; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 6. Category II group care facilities and care units (subject to section 2.6.26) only when tenancy of the person or persons under care would not: a. Constitute a direct threat to the health or safety of other individuals; b. Result in substantial physical damage to the property of others; or Result in the housing of individuals who are engaged in the current, illegal use of or addition to a controlled substance, as defined in section 802 of title 21, U.S. Code. 7. Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion. a. The site area shall not exceed 20 acres. 8. Essential services, as set forth in section 2.6.9.2. 9. Ancillary Plants. 2.2.3.4.3. 1. Minimum yard requirements. Front yard. 75 feet, except in the case of: Conforming comer lots, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced by up to 50 percent. Note: For lots which do not conform to the minimum lot width or area requirements, see definition of yard, front. Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of-way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereaf[er erected shall project beyond the average line so established. 2. Side yard. 30 feet, except for legal nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate often percent of the width of the lot, not to exceed a maximum requirement of 30 feet. 3. Rear yard. 75 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property_ lines. b. For accessory structures: 25 feet from all property lines. 1611 ORIGIN: Community Development 8: Environmental Services Division AUTHOR: Joyce Emst, Ross Gochenaur DEPARTMENT: Planning Services LDC 'PAGE(S): LDC2:22 LDC SECTION: 2.2.3.4.3. LDC SUPPLEMENT #: Supplement 15 CHANGE: Revise language to clarify setbacks (required yards) for comer lots in the E (Estates) zoning district. The setbacks themselves will remain unchanged. REASON: Setback requirements for comer lots in the Estates zoning district are unusual, since property lines of lots in the Golden Gate Estates Subdivision are located in the center of the road fight-of-way (ROW) and do not coincide with the ROW line as is normally the case. The confusing language and the placement in the LDC of setback information for these lots have resulted in errors on the part of the public and Development Services staff requiring variances to correct. This amendment consolidates the information in the section dealing with the Estates zoning district, and clarifies the language. FISCAL & OPERATIONAL IMPACTS: The change will hopefully eliminate the need for certain variance petitions, allowing staff'more time to deal with other land use petitions. RELATED CODES OR REGULATIONS: LDC Div. 6.3 Definitions: yard, front GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the LDC as follows: Sec. 2.2.3. Estates district 0g). 2.2.3.4.3. Minimum yard requirements. 1. Front yard. 75 feet, except in the case of: Conforming comer lots, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced by u~ ~" ~n ...... · ......... ~ ....... * .... -~*;,--, ~*' ....'~ ~"* to 37 5 feet so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) Nonconforming comer lots of record, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced to 15 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit BI Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of-way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along 'a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. 2. $ideyard. 30 feet, except for legal nonconforming lots of record,. which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate often percent of the width of the lot, not to exceed a maximum requirement of 30 feet. 3. Rear yard. 75 feet. ~o- Exhibit A I rn I r" Exhibit B ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:24 LDC SECTION: 2.2.4.2.1. Community Development and Environmental Services Division Cycle 3, 2003 LDC SUPPLEMENT #: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Supplement 15 Adding Educational Plants to the permitted uses in the residential single-family district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.4.2.1. Permitted uses. 1. Single-family dwellings. 2. Family care facilities, subject to section 2.6.26. Schools, public (RSF-3 and RSF-5 zoning districts only, effective only through January 30, 2004). This includes "Educational Plants;" however, any high school located in this district is subiect to a compatibility review as described in Section 3.3. of the code. 2.2.4.4.4. Minimum yard requirements. 1611 1. Front yard. RSF-I: 50 feet. RSF-2:40 feet. RSF-3:30 feet. RSF--4:25 feet. RSF-5 and 6:25 feet. 2. $ide yard. RSF-1: 30 feet. RSF-2:20 feet. RSF-3:7.5 feet. (Waterfront: 10 feet.) RSF-4:7.5 feet. (Waterfront: 10 feet.) RSF-5 and 6:7.5 feet. (Waterfront: 10 feet.) 3. Rear yard. RSF-1: 50 feet. RSF-2:30 feet. RSF-3:25 feet. RSF4:25 feet. RSF-5 and 6:20 feet. 4. Accessory structure yard. See section 2.6.2. 5. Yard Requirements for public schools, regardless of what component of the residential single-family district it is located in.. a. For principal structures: 50 feet fi.om all property lines. b. For accessory slxuctures: 25 feet fi.om all property lines. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: 1 11 Community Development and Environmental Services Division REASON: LDC2:26.1 2.2.5.2.1. and 2.2.5.3. Supplement 15 Cycle 3, 2003 Adding Educational Plants to the permitted uses and Ancillary Plants to the. conditional uses in the residential multiple-family-6 district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.5.2.1. 1. 2. 3. 4. 5. Permitted uses. Single-family dwellings. Duplexes, two-family dwellings. Multiple-family dwellings, townhouses except as provided by section 2.{5.36. Family care facilities, subject to section 2.6.26. Educational Plants; however, any high school located in this district is subiect to a compatibility review as described in Section 3.3. of the code. 1611 ! 2.2.5.3. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in division 2.7.4: 1. Churches and houses of worship. 2. Schools, public and private. T~is includes "Ancillary Plants" for public schools. 3. Child care centers and adult day care centers. 4. Civic and cultural facilities. 5. Recreational facilities not accessory to principal use. 6. ' Group care facilities (category I and Il'); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A,C; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 7. Noncommercial boat launching facilities, subject to section 2.6.22. 8. Cluster development, subject to section 2.6.27. 2.2.5.4.3. Minimum yard requirements (except as further provided at section 2.6.27). The following minimum yard requirements are in relation to platted boundaries: TABLE INSET: Front Yard Side Yard [[ear Yard One (Single) Family 25' 7 1/2' 20' Dwelling Units Duplex Dwelling Units ! 25' 10' 20' Two Unit/Family 25' 10'* 20' Dwelling Units Three or More Family 30' 15'* 20' Dwelling Units * Where fee simple lots are created for each dwelling unit side yards are measured from the outside wall of the principal structure. 1. Yard Requirements for public schools. I011 a. For principal structures: 50 feet from all property lines, b. For accessory structures: 25 feet from all property lines, ORIGIN: AUTHOR: DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:28 LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division Russell Webb Cycle 3, 2003 2.2.6.2.1. a. nd 2.2.6.3. Supplement 9 (2.2.6.2.1.) and Supplement 14 (2.2.6.3.) REASON: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the residential multiple-family-12 district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT:. None. OTHER NOTES: None. Amend the LDC as follows: 2.2.6.2.1. 1. 2. 3. 4. Permitted uses. Multiple-family dwellings. Townhouses, subject to the provisions of section 2.6.36. Duplexes. Single-family dwelling units for existing noneonfomaing Iota subject to the RSF-6 dimensional standards. Family care facilities, subject to section 2.6.26. 6. Educational Plants; however, any high school lOcated in this district is subiect to a .c.0mpatibilit? review as described in Section 3.3. of the code 2.2.6.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-12 district (RMF-12), subject to the standards and procedures established in division 2.7.4: 1. Child care centers and adult day care centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Noncommercial boat launching facilities, subject to section 2.6.22. 5. Schools, public and private. This includes" ' ' Ancillary Plants" for public schools. o Group care facilities (category I and 1/); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 2.2.6.4.3. Minimum yard requirements. 1. Front yard--Thirty feet. 2. Side yards--One-half of the building height as measured from the first floor .of a structure with a minimum of 15 feet. 3. Rear yard--Thirty feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory slxuctures: 25 feet from all property lines. 16 il REASON: ORIGIN: Community Development and Enviromental Services Division AUTFIOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:31 LDC SECTION: 2.2.7.2.1. and 2.2.7.3. LDC SUPPLEMENT #: Supplement 14 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the residential multiple-family-16 district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.7.2.1. 1. 2. 3. 4. Permitted uses. Multiple-family dwellings. TowrLhouses, subject to the provisions of section 2.6.36. Family care facilities, subject to section 2.6.26. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Section 3.3. of the code. 2.2.7.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-16 district (RMF-16), subject to the standards and procedures established in division 2.7.4: 1. Child care centers and adult day care. centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Noncommercial boat launching facilities, subject to section 2.6.22. 5. Schools, pubhc and private. This includes "Ancillary Plants" for public schools. Group care facilities (category I and I0; care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 2.2.7.4.3. Minimum yard requirements. 1. Front yard--One half of the building height as measured from the first floor of the structure with a minimum of 30 feet. 2. Side yards--One-half of the building height as measured fi'om the first floor of a structure with a minimum of 15 feet. 3. Rear yard--One-half the building height as measured from the first floor of the structure with a minimum of 30 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 1611 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:33 LDC SECTION: 2.2.8.3. LDC SUPPLEMENT #: Supplement 12 CHANGE: Adding Ancillary Plants to the conditional uses in the residential tourist district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.8.3. Conditional uses. The following uses are permitted as conditional uses in the residential tourist district (RT), subject to the standards and procedures established in division 2.7.4: 1. Churches and other places of worship. 2. Marinas, subject to section 2.6.22. 3. Noncommercial boat launching facilities, subject to the applicable review criteria set forth in section 2.6.21. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 5. Private clubs. 6. Yacht clubs. 7. Permitted uses not to exceed 125 feet in height. 8. Ancillary Plants. 1611 2.2.8.4.3. Minimum yard requirements. 1. Front yard--One-half the building height as measured from each exterior wall or wing of a structure with a minimum of 30 feet. 2. Side yards--One-half the building height as measured from each exterior wall with a minimum of 15 feet. 3. Rear yard--One-half the building height as measured from each exterior wall with a minimum of 30 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines, b. For accessory structures: 25 feet from all property lines 1611 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:35 2.2.9.2.1. and 2.2.9.3. Supplement 9 Community Development and Environmental Services Division LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: REASON: Cycle 3, 2003 Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the village residential district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. None. None. None. Amend the LDC as follows: 2.2.9.2.1. 1. 2. 3. 4. 5. 6. Permitted uses. Single-family dwellings. Duplexes. Multiple-family dwellings. Mobile homes. Family care facilities, subject to section 2.6.26. Educational Plants; however, any high school located in this district is subiect to a compatibility review as described in Section 3.3. of the code,. 2.2.9.3. Conditional uses. The following uses are permissible as conditional uses in the village residential district (VR), subject to the standards and procedures established in division 2.7.4: 1. Boatyards, subject to the apphcable review criteria set forth in section 2.6.21, and marinas. 2. Child care centers and adult day care centers. 3. Churches and other houses of worship. 4. Civic and cultural facilities. 5. Cluster housing, subject to section 2.6.27. 6. Fraternal and social clubs. 7. Schools, public and private. This includes "Ancillary Plants" for public schools. Group care facilities (category I and 119; care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an' approved preliminary subdivision plat, PUD or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwelling units and their guests within the area of approved preliminary subdivision plat, or site development plan. 2.2.9.4. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the village residential district CVR). TABLE INSET: 1611 Single- Duplex Multiple- Accessory Conditional Family Family Uses Uses Dwelling Dwelling and Mobile Home 1. Minimum lot area 6,000 10,000 1 acre N/A 1 acre square feet square feet 2. Minimum lot width 60 feet 100 feet 150 feet N/A 100 feet 3. Minimum yard requirement: Front yard 20 feet '35 feet 35 feet Section 35 feet 2.6.2 Side yard 5 feet* 15 feet 15 feet Section 15 feet 2.6.2 Rear yard 20 feet 30 feet 30 feet Section 30 feet 2.6.2 *Waterfront: 10 feet. 4. Maximum height* 30 feet 30 feet 35 feet 15 feet 50 feet 5. iMaximum 7.26 8.71 14.52 N/A N/A density** units/Bross units/Bross units/goss 6. Distance between N/A N/A 1/2 sum of N/A structures the building :height 7. Minimum floor area. (Reserved.) 8. Maximum lot coverage. (Reserved.) 9. Off-street parking and loading. As required in division 2.3. 10. Landscaping. As required in division 2.4. 11. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. * No building may contain more than three levels of habitable space. 16/1 ** Actual maximum density shall be determined through the application of the density rating system, or applicable policies contained in the future land use elemem, or the Immokalee future land use map established in the Collier County Growth Management Plan, not to exceed the above specified density for each use. ORIGIN: AUTHOR: Community Development and Environmental Services~ivis'~io! Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:36.1 LDC SECTION: 2.2.10.2.1. LDC SUPPLEMENT #: Supplement 11 CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Cycle 3, 2003 Adding Educational Plants to the permitted uses in the mobile home d/strict. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.10.2.1. 1. 2. 3. 4. Permitted uses. Mobile homes. Modular built homes. Family care facilities, subject to section 2.6.26.. Recreational vehicles (RV) as defined in the TTRVC d/strict for those areas zoned MI-ITT or MI-IRP prior to November 13, 1991, in accordance with an approved master development plan designating specific areas for RV spaces. The development standards of the TTRVC district (excluding lot size and area) shall apply to the placement and uses of land in said RV areas. Educational Plants; however, any high school located in this district is subiect to a ,compatibility review as described in Section 3.3. of the code_ 2.2.10.4.3. Minimum yard requirements. 2.2.10.4.3.1. Front yard. - 25 feet. 2.2.10.4.3.2. $ideyard. Seven and one-half feet, except when adjacent to public roads extemal to the boundaries of the project, 50 feet or when it is a waterfront yard, 10 feet. 2.2.10.4.3.3. Rearyard. Ten feet. 2.2.10.4.3.4. From exterior boundary of project or park, 15 feet or the minimum applicable yard, whichever is greater. 2.2.10.4.3.5. Yard exceptions. Any nonconforming, platted MH lot of record or nonconforming MH lot located within a mobile home rental park which was in existence before the effective date of this Code shall be subject to the following standards: 2.2.10.4.3.6. Frontyard. Ten feet Side yard. Five feet or zero feet, where carports are connected at coroer lot line. Where a zero feet yard is utilized a minimum yard of ten feet must be utilized for the opposite yard. When a yard is a waterfront, the setback is 10 feet. Rearyard. Eight feet. (Waterfront: 10 feet.) Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 1611 ORIGIN: AUTHOR: DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:42 2.2.12.2.1. and 2.2.12.3. Supplement 15 Community Development and Environmental Services Division Russell Webb LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Cycle 3, 2003 Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the commercial professional and general office district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.12.2.1. 1. 2. 3. 4. 5. Permitted uses. Accounting, auditing and bookkeeping services (8721). Automobile parking (7521) parking lots only. Barber shops (7241), except barber schools. Beauty shops (7231), except beauty schools. Business services (groups 7311, 7313, 7322--7331, 7338, 7371, 7372, 7374--7376, 7379). Child day care services (8351). 1611 7. Educational Plants. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 2.6.26. 9. Offices for engineering, architectural, and surveying services (groups 0781, 8711- 8713). 10. Health services (8011-8049). 11. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 12. Insurance carriers, agents and brokers (groups 6311--6399, 6411). 13. Legal services (8111). 14. Management and public relations services (groups 8741-8743, 8748). 15. Miscellaneous personal services (7291 or 7299,' debt counseling only). 16. Nondepository credit institutions (groups 6141--6163). 17. Photographic studios (7221). 18. Physical fitness facilities (7991 permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand alone facilities shall be permitted). 19. Real estate (groups 6531--6552). 20. Shoe repair shops and shoeshine parlors (7251). 21. Security and commodity brokers, dealer, exchanges and services (groups 6211-- 6289). 22. Transportation services (4724), travel agencies only. 23. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 1611 (NOTE: Due to the inclusion of paragraph 7, the subsequent paragraphs need to be renumbered.) 2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the (C-l) commercial professional and general office district, subject to the standards and procedures established in division 2.7.4. 1. Ancillary Plants. 2. Automobile parking (7521), garages-automobile parking, parking structures. 3. Churches and other places of worship. 4. Civic, social and fi:atemal associations (8641). 5. Depository institutions (groups 6011--6099). 6. Educational services (8211--8231, except regional libraries). 7. Homeless shelters, as defined by this Code. 8. Increased building height to a maximum of 50 feet. 9. Mixed residential and commercial uses subj eot to the following criteria: a. A site development plan is approved pursuant to division 3.3. that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-1 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building; g. Building height may not exceed two stories; 1611 h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- bedroom, 900 square feet; i. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); j. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away fi:om residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 10. Nursing and personal care facilities (8082). 11. Funeral service (7261 except crematories). 12. Religious organizations (8661). 13. Soup kitchens, as defined by this Code. 14. Veterinarian's office (0742), excluding outdoor kenneling. 15. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals. (NOTE: Due to the inclusion of paragraph 1, the subsequent paragraphs need to be renumbered.) 2.2.12.4.3. 1. 2. 3. 4. Minimum yard requirements. Front yard. 25 feet. Side yard. 15 feet. Rear yard. 15 feet. Minimum yard requirement from any residentially zoned or uses property. 25 feet. 1611 Yard Kequirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: SUPPLEMENT #: 1611 Community Development and Environmental Services Division Cycle 3, 2003 LI~C2:46 2.2.13.2.1. and 2.2.13.3. Supplement 15 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the commercial convenience district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.13.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses and all conditional uses except increased height and mixed residential and commercial uses of the C-1 commercial professional and general office district. 2. Apparel and accessory stores with 1,800 with square feet or less of gross floor area in the principal structure (groups 5611--5699). 3. Business services (groups 7311, 7313, 7322--7338, 7371--7379, 7384). 4. Eating places with 2,800 square feet or less of gross floor area in the principal structure (5812 except contract feeding, dinner theaters, food service (institutional), industrial feeding)~ loll 5. Educational Plants. 6. Food stores with 2,800 square feet or less of gross floor area in the principal structure (groups 5411 except supermarkets, 5421--5499). 7. Gasoline service stations (5541 subject to section 2.6.28). 8. General merchandise stores with 1,800 square feet or less of gross floor area in the principal structure (5331--5399). 9. Group care facilities (category I and IL except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 10. Hardware stores with 1,800 square feet or less of gross floor area in the principal structure (5251). 11. Health services (groups 8011--8049, 8082). 12. Home furniture, furnishing and equipment stores with 1,800 square feet or less of gross floor area in the principal structure (groups 5713--5719, 5731--5736). 13. Libraries (8231) except regional libraries 14. Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (7629--7631). 15. Miscellaneous retail services with 1,800 square feet or less of gross floor area in the principal structure (5912, 5942--5961). 16. Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor area in the principle structure (5231). 17. Personal services (groups 7212, 7215, 7221--7251, no beauty or barber schools, 7291). 18. United States Postal Service (4311 except major distribution center). 19. Veterinary services (0742 excluding outside kenneling). 20. Videotape rental with 1,800 square feet or less of gross floor area in the principal structure (7841). (NOTE: Due to the inclusion of paragraph 5, the subsequent paragraphs need to be renumbered.) 2.2.13.3. Conditional uses. The following uses are permiSsible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in division 2.7.4. 2. 3. 4. Ancillary Plant. Educational services (8221, 8222) except regional libraries. Homeless shelters, as defined by this Code. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-2 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking 1611 (parking lot islands may not be used unless existing native vegetation is maintained); k. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from resident/al units; and separating pedestrian and vehicular accessways and parking areas frOm residential units, to the greatest extent possible. 5. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. 6. Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. 7. Soup kitchens, as defined by this Code. 8. Any other convenience commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the board of zoning appeals. (NOTE: Due to the inclusion of paragraph 1, the subsequent paragraphs need to be renumbered.) 2.2.13.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yard. 15 feet. 3. Rear yard. 15 feet. 4. Any yard abutting a residential parcel. A minimum of 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet fi:om all property lines. b. For accessory structures: 25 feet from all property lines. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division REASON: Cycle 3, 2003 LDC2:50 2.2.14.2.1. and 2.2.14.3. Supplement 15 Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the commercial intermediate district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.14.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses of the C-2 commercial convenience district. 2. Apparel and accessory stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5611--5699). 3. Auto and home supply stores with 5,000 square feet or less of gross floor area in the principal structure (5531). 4. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 16.11 "' 5. Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits- building, filling pressure containers, field warehousing, fire extinguisher, floats- decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 6. Eating places with 6,000 square feet or less in gross floor area in the principal structure (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 2.6.10. 7. Educational Plants. 8. Food stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411--5499). 9. General merchandise stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5331-5399). 10. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to {} 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 11. [Reserved.] 12. Home furniture, furnishing, and equipment stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5712--5736). 13. Libraries (8231). 14. Marinas (4493), subject to section 2.6.22. 15. Membership organizations (861 I--8699). 16. Miscellaneous repair services (groups 7629--7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture fi'aming, and pocketbook repair only). 1611 17. Miscellaneous retail with 5,000 square feet or less of gross floor area, except drag stores (groups 5912--5963 except pawnshops and building materials, 5992--5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 18. Museums and art galleries (8412). 19. Nondepository credit institutions (groups 6111--6163). 20. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area in the principal structure (5231). 21. Personal services with 5,000 square feet or less of gross floor area in the principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,, 7291, 7299, babysitting bureaus, cloth!~g rental, costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 22. Physical fimess facilities (7991). 23. Public administration (groups 9111-9199, 9229, 9311, 9411--9451, 9511--9532, 9611--9661). 24. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of gross floor area in the principal structure (5261). 25. Veterinary services (groups 0742, 0752 excluding outside kenneling). 26. Videotape rental with 5,000 square feet or less of gross floor area in the principal structure (7841). 27. United States Postal Service (4311 except major distribution centers). 28. Any use which was permissible under the prior GRC zoning district and which was lawfully existing prior to the adoption of this Code. 29. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by fight without the maximum floor area limitation if the use is developed as an individual structure that is part of a shopping center. (NOTE: Due to the inclusion of paragraph 7, the subsequent paragraphs need to be renumbered.) 1511 2.2.14.3. Conditional uses. The following uses are permissible as conditional uses in the cornmereial intermediate district (C-3), subject to the standards and procedures established in division 2.7.4. 1. Amusements and recreation services (groups 7911, 7922 community theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary Plants. 3. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the loeational requirements of section 2.6.10. 4. Educational services (8221, 8222). 5. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411--5499). 6. Homeless shelters, as defined by this Code. 7. Hospitals (groups 8062--8069). 8. Justice, public order and safety (groups 9211, 9222, 9224, 9229). 9. Social services (8322--8399). 10. Mixed residential and commercial uses, subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; i. The residential dwelling traits shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 percent of the m/xed use development shall be maintained as open space. The following may be used to Satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); k. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise ~sociated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 11. Motion picture theaters, except drive-in (7832). 12. Permitted personal services, video rental or retail uses (excluding drag stores (5912)), with more than 5,000 square feet of gross floor area in the principal structure. 13. Permitted food service (eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 14. Permitted use with less than 700 square feet gross floor area in the principal structure. 15. Soup kitchens, as defined by this Code. 16. Vocational schools (8243-8299). 17. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals. (NOTE: Due to the inclusion of paragraph 2, the subsequent paragraphs need to be renumbered.) 2.2.14.4.3. Minimum yard requirements. 1. Front yard. 25 feet or one-half of the building height as measured from grade, whichever is the greater. 2. Side yard. One-half of the building height as measured from grade with a minimum of 15 feet. : 3. Rear yard. 15 feet or one-half of the height of the building as measured from grade, whichever is the greater. 4. Any yard abutting a residential parcel. 25 feet. 5. Waterfront. 25 feet, except none for marinas. 6. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all proper~ lines. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division REASON: LDC2:56 2.2.15.2.1. Supplement 15 FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Cycle 3, 2003 Adding Ancillary Plants and Educational Plants to the permitted uses in the general commercial district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.15.2.1. Permitted uses. Unless otherwise provided for in this Code, all permitted uses in the C-3 commercial intermediate district. Agricultural services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752, except outdoor kenneling, 0783). Amusements and recreation services, indoor (groups 7911--7941, 7991--7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental. 4. Ancillary_ Plants. Automotive dealers and gasoline service stations (groups 5511, 5531, ~541 with services and repairs as described in section 2.6.28, 5571, ~$99 new vehicles only). Automotive repair, services, parking (groups 7514, 7515, 7521 except that this shall not be construed to permit the activity of "tow-in parking lots"), and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: Size of vehicles. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. 1. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. Co Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. eo Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. Architecture. The building shall maintain a consistent architectural theme along each building facade. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service ear washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. 11. 12. 13. 14. 15. 16. 17. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. Building materials, hardware and garden supplies (groups 5231--5261). Business services (groups 7311--7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361, 7381, except armored car and dog rental, 7382--7389 except aucfioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories - telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press chpping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting and window trimming service). Commercial printing (2752, excluding newspapers). Conununications (groups 4812--4841) including communications towers up to specified height, subject to section 2.6.35. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. Educational Plants. Educational services (8221, 8222) Engineering, accounting, research, management and related services (groups 8711--8748). Food stores (groups 5411--5499). General merchandise stores (5311). Group care facilities (category I and E, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 16 !I retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092--8099). Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. Miscellaneous repair services (groups 7622--7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial mack repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). Miscellaneous retail (groups 5912-5963, 5992-5999). Motion picture theaters (7832). Public or private parks and playgrounds. Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291-- 7299). Real estate (group 6512). Social services (groups 8322-8399, except for homeless shelters and soup kitchens). [Reserved.] Vocational schools (groups 8243-8299). (NOTE: Due to the inclusion of paragraphs 4 and 12, the subsequent paragraphs need to be renumbered.) 2.2.15.4.3. Minimum yard requirements. 1611 '"! l. Front yard. 25 feet or one-half of the height of the building as measured from grade whichever is the greater. Structures 50 feet in height or greater shall maintain a minimum of a 25 foot front yard setback and shall be required to provide an additional one foot of setback for each foot of building height in excess of 50 feet. 2. Sideyard. 15 feet or one-half of the building height as measured from grade. 3. Rear yard. 15 feet or one-half of the building height as measured from grade, whichever is greater. 4. Any yard abutting a residential parcel. 25 feet. 5. Railroad ROW. No setback is required fi:om a railroad siding easement for railroad right-of-way. 6. Waterfront. 25 feet, except none for marinas. 7. Yard Requirements for public schools. a. For principal structures: 50 feet fi:om all property lines. b. For accessory structures: 25 feet fi'om all property lines. ORIGIN: AUTHOR: Community Development and Environmental Services Division Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:62 LDC SECTION: 2.2.15 1/2.2.1. LDC SUPPLEMENT #: CHANGE: Cycle 3, 2003 Supplement 15 REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMI'ACT: OTHER NOTES: None. Adding Ancillary Plants and Educational Plants to the pen'nitted uses in the heavy commercial district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.15 1/2.2.1. Permitted uses. Unless otherwise provided for in this section, all permitted uses in the C-4 general commercial district. 2. Ancillary Plants. 3. Auctioneering/auction houses (groups 7389, 5999). 4. Automotive dealers and gasoline service stations (groups 5511--5599). Automotive repair, services and parking (groups 7513--7549), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: m [Size of vehicles.] Carwash designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. (1) Front yard setback: 50 feet. (2) Side yard setback: 40 feet. (3) Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of fi'ontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent Wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. f. Architecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. i. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. 6. Building construction--General contractors (groups 1521--1542). 7. Building materials (groups 5211--5261). 8. Business services (groups 7311--7353, 7359, 7389 contractors' disbursement, directories-telephone, recording studios, swimming pool cleaning, and textile designers only). 9. Construction--special trade contractors (groups 1711--1793, 1796, 1799). 10. Educational Plants. 11. Education services (groups 8243--8249). 12. Motor freight transportation and warehousing (4225 mini- and self-storage warehousing only). 13. Fishing, hunting and trapping (groups 0912--0919). 14. Glass and glazing work (1793). 15. Crernatories (7261). 16. Justice, public order and safety (groups 9211, 9221, 9222, 9224, 9229). 17. Local and suburban transit (groups 4111--4121). 18. Mobile home dealers (5271). 19. Miscellaneous repair services (groups 7622--7699). 20. Outdoor storage yard, provided outdoor storage yard not be located closer than 25 feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to the requirements of Section 2.2.15 1/2.6 of this Code. This provision shall not allow as a permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building · materials, junk automotive vehicles, or secondhand automotive vehicle parts. 21. Printing, publishing, and allied industries (groups 2711, 2721). 22. Transportation services (groups 4724-- 1729). NOTE: Due to the inclusion of paragraphs 2 and 10, the subsequent paragraphs need to be renumbered. 2.2.15 1/2.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yard. 15 feet. 3. Rear yard. 15 feet. 4. .dny yard abutting a residential pareel. 25 feet. 5. Railroad ROYE. ~qo setback is required from a railroad siding easement ~for railroad right-of-way. 6. l'gaterfront. 25 feet, except none for marinas. 7. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory_ structures: 25 feet from all property lines, ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:64.3 LDC SECTION: 2.2.16.2.1. Community Development and Environmental Services Division Cycle 3, 2003 LDC SUPPLEMENT #: CHANGE: REASON: Supplement 15 Adding Ancillary Plants to the permitted uses in the industrial district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.16.2.1. Permitted uses. 3. 4. 5. Agricultural services (groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district, 0722--0724, 0761, 0782, 0783). Apparel and other finished products (groups 2311--2399). Ancillary Plants. Automotive repair, service, and parking (groups 7513--7549). Barber shops (group 7241). 6. Beauty shops or salons (7231). 7. Building construction (groups 1521m1542). 8. Business services (groups 7312, 7313, 7319, 7334---7336, 7342--7389, including auction rooms (5999), subject to parking and landscaping for retail use). 9. Communications (groups 4812~4899 including communications towers up. to specified heights, subject to section 2.6.35). 10. ConstructionmSpecial trade contractors (groups 1711--1799). 11. Crematories (7261). 12. Depository and nondepository institutions (groups 6011 6163). 13. Eating places (5812). 14. Educational services (8243--8249). 15. Electronic and other electrical equipment (groups 3612--3699). 16. Engineering, accounting, research, management and related services (groups 8711--8748). 17. Fabricated metal products (groups 3411--3479, 3491~3499). 18. Food and kindred products (groups 2011--2099 except slaughtering plants). 19. Furniture and fixtures (groups 2511--2599). 20. General aviation airport. 21. Gunsmith shops (groups 7699) "':+~' .......... ~'~+: ....... c,,.. +~+; .... .~ 22. Heavy construction (groups 1611~1629). 23. Health services (8011 accessory to industrial activities conducted on-site only). 24. Industrial and commercial machinery and computer equipment (3511--3599). 25. Leather and leather products (groups 313 lm3199). 26. Local and suburban transit (groups 4111--4173). 27. Lumber and wood products (groups 2426, 2431--2499). 28. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (groups 3812--3873). 29. Membership organizations (groups 8611,8631). 30. Miscellaneous manufacturing industries (groups 3911--3999). 31. Miscellaneous repair services (groups 7622--7699) with no associated retail sales. 32. Motor freight transportation and warehousing (groups 4212, 4213--4225, 4226 except oil and gas storage, and petroleum and chcnnical bulk stations). 33. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6. 34. Paper and allied products (2621--2679). 35. Personal services (groups 7211--7219). 36. Physical fitness facilities (group 7991). 37. Printing, publishing and allied industries (groups 2711--2796). 38. Railroad transportation (4011, 4013). 39. Real estate brokers and appraisers (6531). 40. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). 41. Shooting range, indoor (group 7999). 40. 41. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255-- 3273, 3275, 3281). 4~. 42. Textile mill products (groups 2211--2221, 2241--2259, 2273--2289, 2297, 2298). 42.43. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 42.44. Transportation by air (groups 4512 4581). 44.45. Transportation services (groups 4724---4783, 4789 except stockyards). 46. United States Postal services (431 i). 47. Welding repair (7692). 47.48. Wholesale trade--Durable goods (groups 5012--5014, 5021--5049, 5063-- 5092, 5094--5099). 49. Wholesale trade--nondurable goods (groups 5111--5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet fi:om a residential zoning district (5192--5i99). (NOTE: Due to the inclusion of paragraph 3, the subsequent paragraphs need to be renumbered.) 2.2.16.4.3. 1. 2. Minimum yard requirements. Front yard. 25 feet. Side yard. The sum total of the side yards shall be 20 percent of the lot width, not to exceed a maximum of 50 feet. This yard requirement may be apportioned between the side yards in any manner, except that neither side yard may be less than ten feet. A zero lot line option may be used only in conjunction with an existing structure built on the lot line, or in conjunction with a unified plan of development, involving one or more lots under common ownership where the preceding yard requirements for this district are met relative to the unified site. 3. Rear yard. 15 feet. 4. Waterfront. 25 feet. 5. Railroad ROW. No setback is required fi:om a railroad easement, or fight-of-way. 6. Yard abutting residential parcel. 50 feet. 7. Yard Requirements for public schools. a. For principal structures: 50 feet fi'om all property lines. b. For accessory structures: 25 feet from all property lines. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: Community Development and Environmental Services Division LDC2:66 2.2.18.2.1. and 2.2.18.3. LDC SUPPLEMENT #: Supplement 12 CHANGE: Adding Educational Plants to Cycle 3, 2003 the permitted uses and Ancillary Plants to the REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. conditional uses in the public use district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.18.2.1. 1. 2. 3. 4. 5. 6. Permitted uses. Administrative service facilities. Child care, not for profit. Collection and transfer sites for resource recovery. Communication towers. Education facilities. Educational Plants. 7. Essential public service facilities. 8. Fairgrounds. 9. Libraries. 10. Museums. 11. Park and recreational service facilities. 12. Parking facilities. 13. Safety service facilities. 14. Any other public structures which foregoing uses. (NOTE: Due to the inclusion renumbered.) 1611"' and uses are comparable in nature with the of paragraph 6, the subsequent paragraphs need to be 2.2.18.3. Conditional uses. The following uses are permissible as conditional uses in the public use district (P), subject to the standards and procedures established in division 2.7.4: 1. Airports and parking facilities. 2. Ancillary Plants. 3. Animal control. 4. Detention facilities and jails. 5. Detoxification facilities. 6. Electric or gas generating plants. 7. Incinerators. 8. Major maintenance and service facilities. 9. Mental health and rehabilitative facilities, not for profit. I0. Resource recovery plants. 1611 11. Rifle and pistol range for law enforcement training. 12. Sanitary landfills. 13. Any other public uses which are comparable in nature with the foregoing uses. 14. Earthmining. (NOTE: Due to the inclusion of paragraph 2, the subsequent paragraphs need to be renumbered.) 2.2.1 g.4.3. Minimum yard requirements. The ~d req~em~ of ~c most res~ctivc adjoining dis~ct shall apply to ~1 po~ons of~e site ~thin 100 feet of~e ~jo~g 1. Y~d Requ~ts for public schools. a. For p~cip~ s~c~es: 50 feet ~om all prope~ ~es. b. For aecesso~ s~c~es: 25 feet ~om ~1 prope~ l~es. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: t611 Community Development and Environmental Services Division` Cycle 3, 2003 LDC2:69 2.2.19.2.1. and 2.2.19.3. Supplement 15 REASON: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the community facility district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.19.2.1. Permitted uses. 1. Child care centers. 3. 4. 5. Churches and houses of worship. Civic and cultural facilities. Nursing homes, assisted living facilities (Al.F) pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C., family care facilities, group care facilities (category I) and continuing care residential communities pursuant to § 651 F.S. and ch. 4-193 F.A.C. all subject to section 2.6.26. 1611 6. Parks and playgrounds, noncommercial recreation facilities, open space uses. 7. Public, private and parochial schools. This includes "Educational Plants" for public schools. 8. Social and fraternal organizations. 9. Educational services (groups 8211--8231). 2.2.19.3. Conditional uses. The following uses are permitted as conditional uses in the community facility district (CF), subject to the standards and procedures established in division 2.7.4: 1. Ancillary Plants. 2. Archery ranges. 3. Cemeteries. 4. Community centers. 5. Golf driving ranges. 6. Group care facility (category II, care unit), subject to section 2.6.26. 7. Marinas, boatramps. 8. Private clubs, yacht clubs. 9. Public swimming pools. 10. Tennis facilities. (NOTE: Due to the inclusion of paragraph 1, the renumbered.) subsequent paragraphs need to be 2.2.19.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yards. 15 feet. 3. Rear yard. 15 feet. 4. Any yard abutting a residential parcel. 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet fi:om all property lines. b. For accessory structures: 25 feet firom all property lines. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:84.5 LDC SECTION: 2.2.20.7. 16 I1 Community Development and Environmental Services Division Cycle 3, 2003 LDC SUPPLEMENT #: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Supplement 15 Adding a subsection to the PUD portion of the Code. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.20.6. Special requirements for research and technology park planned unit development districts: 1. Minimum lot area. 20,000 square feet. 2. Minimum lot width. 100 feet except lots abutting arterial or collector roads shall have a minimum frontage width of 250 feet. 3. Minimum yard requirements: a. Front yard: 25 feet. b. Side yard: 15 feet, except when abutting residentially zoned property, then 25 feet. c. Rear yard: 15 feet. d. Minimum yard requirement from any residentially zoned or used property: 25 feet. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-58, § 3; Ord. No. 95-31, 8 3; Ord. No. 97-26, § 3.B.; Ord. No. 99-6, 8 3.A.; Ord. No. 00-43, 8 3.B.; Ord. No. 01-34, 8 3.B.; Ord. No. 02-3, 88 3.B, 3.L.; Ord. No. 02-31, 8 3.B.; Ord. No. 03-01, § 3.B.) 2.2.20.7. Special requirements for public school facihties within a planned unit development. 2.2.20.7.1. Permitted facilities. Ancillary Plants and Educational Plants are both permitted in a planned unit development district; however, any high school located in this district is subject to a compatibility review as described in Section 3.3. of the code. 2.2.20.7.2. Yard Requirements for pubhc schools. 1. For principal structures: 50 feet from all property lines. 2. For accessory structures: 25 feet from all property lines. ORIGIN: Community Development & Environmental Services Division AUTHOR: Donald A. Schneider, Principal Planner DEPARTMENT: Planning Services LDC PAGE: N/A LDC SECTION: 2.2.38 LDC SUPPLEMENT #: N/A CHANGE: New overlay district. REASON: The Interim Development Controls (moratorium) for the Vanderbilt Beach Residential Tourist (RT) zoning district were adopted by the Board of County Commissioners on January 9, 2002 and became legally effective on the same date. The duration of the moratorium is until January 31, 2004. The purpose and intent of the interim development controls for the RT zoning district in the Vanderbilt Beach Area is to restrict most development and redevelopment to allow the Collier County Planning Department to conduct an assessment of the area and determine appropriate development standards for the area by way of establishing an overlay district. The study process includes public involvement, data collection, traffic projections, analysis and draiting of development standards. Public comment has been solicited primarily during workshops and public hearings. The study process will conclude with the adoption of an overlay zoning district affecting the Residential Tourist Zoning District (RT) in the Vanderbilt Beach area along Gulf Shore Drive. FISCAL & OPERATIONAL IMPACTS: Yes - See Attachment RELATED CODES OR REGUALTIONS: None GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an impact on the Growth Management Plan. OTHER NOTES: None. Amend the LDC aS follows: Sec. 2.2.38 Vanderbilt Beach Residential Tourist Overlay Zoning District CVBRTO) 16 I1 2.2.38.1 Purpose and intent. The purpose and intent of this district is to encourage development and redevelopment of the Vanderbilt Beach area to be sensitive to the scale, compatibility and sense of place that exists in the Vanderbilt Beach area. This district is intended to: establish development standards which will protect view corridors~ light and air movements between the Gulf of Mexico and the Vauderbilt Lagoon and prevent the creation of a canyon-like effect on each side of the narrow Gulfshore 2.2.38.2 2'.2.38.3.1 Drive. Applicability. These regulations shall apply to the Vanderbilt Beach Residential Tourist Overlay District as identified on VBRTO Map 2.2.38- 1 and further identified by the designation "VBRTO" on the applicable official Collier County zoning atlas maps. Except as provided in this section of the code, all other uses, dimensional and development requirements shall be as required or allowed in the applicable underlcng zoning district. Geographic boundaries: The boundaries of the Vanderbilt Beach Residential Tourist Overlay District are delineated on Map 2.2.38-1 below. '-,.. 1611 2.2.38.4 .+. Map2.2.38-1 Figures. The figures (1-4) used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt 2.2.38.5 2.2.38.5.1 Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provision.q of this section, are permitted. The Community Character Plan For'Collier County, Florida (April 2001) should be referenced as a guide for future development and redevelopment in the overlay district. Development criteria. The following standards shall apply to all uses in this overlay district. Permitted uses. 1. Hotels and motels. 2. Multiple-family dwellings. 1611 2.2.38.5.2 2.2.38.5.3 3. Family care facilities, subject to section 2.6.26. Timeshare facilities. Townhouses subject to section 2.6.36. Uses accessor3, to permitted uses. Uses and structures that are accessory and incidental to the uses permitted as of fight in the Vanderbilt Beach Residential Tourist Overlay District Cv"BRTO). Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel and to be used by the patrons of the hotel/motel. Private docks and boathouses, subject to sections 2.6.21 and 2.6.22. Recreational facilities that serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to: golf course clubhouse, community center building and tennis facilities, parks, playgrounds and pla'ffields. Conditional uses. The following uses are permitted as conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), subject to the standards and procedures established in division 2.7.4: 1. Churches and other places of worship. 2. Marinas, subject to section 2.6.22. Noncommercial boat launching facilities, subject to the applicable review criteria set forth in section 2.6.21. Group care facilities (category I and ID; care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subiect to section 2.6.26. Private clubs. 2.2.38.6 2.2.38.6.1 6. Yacht clubs. 1611 ' Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). Minimum lot area. One acre. Minimum lot width. 150 feet. 2.2.38.6.2 2.2.38.6.3 2.'2.38.6.4 2.2.38.6.5 2.2.38.6.6 2.2.38.6.7 2.2.38.6.7.1 Minimum .yard requirements. Front yard: one-half the building height with a minimum of 30 feet. Side yards: one-half the building height with a minimum of 15 feet. 3. Rear yard: one-half the building height with a minimum of 30 feet. Note: Accessory-parking structures integrated with the principal structure(s) may have a terraced setback, based on the height (not to exceed two parking decks), only in the front, rear, and waterfront yards, and on side yards that do not abut residentially zoned lands. Maximum height: 100 feet. No height variances from the 100 feet will be permitted. The height of the building will be measured according to the standards in LDC Division 6.3 Definitions: Building. height qr. Maximum density permitted. A maximum of 26 units per acre for hotels and motels, and 16 units per acre for timeshares, multifamily, family care facilities and townhouse uses. Distance between structures. The minimum horizontal distance separation between any two principal buildings on the same parcel Of land may not be less than a distance equal to 15 feet or one-half of the sum of their heights, whichever is greater. For accessory buildings and structures dimensional criteria, see section 2.6.2. Floor area requirements. Three hundred (300) square foot minimum with a five hundred (500) square foot maximum for hotels and motels, except that twenty percent (20%) of the total units may exceed the maximum. 2.2.38.6.7.2 2.2.38.6.8 2.2.38.7 2.2.38.7.1 2.2.38.8 2.2.38.9 2.2.38.10 2.2.38.11 Timeshare/multifamily minimum area: efficiency (450 square feet), one bedroom (600 square feet), and two or more bedrooms (750 square feet). Maximum lot area coverage. (Reserved.) Preservation of view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon. Figures 1 - 4, while not requirements, depict desired building relationships and view plane/angle of vision examples. Figures used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted. Off-street parking and o_fi-street loading. As required in division 2.3 of this code. Landscaping requirements. As required in division 2.4 of this code. Signs. As required in division 2.5 of this code. Coastal Construction Setback Lines ('CCSL). As required in Division 3.13 of this code. 1511' LOT AREA COVERAGE & OPEN SPACE RELATIONSHIPS LDC Section 2.2.38.7.1 DESIRABLE UNDESIRABLE FIGURE- 1 LOT AREA COVERAGE &: OPEN SPACE RELATIONSHIPS LDC Section 2.2.38.7.1 DESIRABLE UNDESIRABLE FIGURE - 2 1511" LDC Section 2.2.38.7.1 VIEW PLANE V.P. DESIRABLE V.P. = VIEW PLANE OR ANGLE OF VISION FIGURE - 3 VIEW PLANE LDC Section 2.2;38.7.1 ~! :~ V.P. ii ! ii :' V.P ,/ UNDESIRABLE V.P. = VIEW PLANE OR ANGLE OF VISION FIGURE - 4 1611 LAND DEVELOPMENT CODE (LDC) AMENDMENT VANDERBILT BEACH (RT) ZONE PROPOSED OVERLAY DISTRICT FISCAL IMPACT ANALYSIS LDC CYCLE 3 - 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Donald A. Schneider, Principal Planner DEPARTMENT: Planning Services LDC PAGE: N/A LDC SECTION: 2.2.38 (New) CHANGE: New overlay district. REASON: The Interim Development Controls (moratorium) for the Vanderbilt Beach Residential Tourist (RT) zoning district were adopted by the Board of County Commissioners on January 9, 2002 and became legally effective on the same date. The duration of the moratorium is until January 31, 2004. The purpose and intent of the interim development controls for the RT zoning district in the Vanderbilt Beach Area is to restrict most development and redevelopment to allow the Collier County Pl~nlng Services Department to conduct an assessment of the area and determine appropriate development standards for the area by way of establishing an overlay district. The study process includes public involvement, data collection, infraslzucture analysis, traffic projections, analysis and drafting of development standards. Public comment has been solicited primarily during workshops and public hearings. The study process will conclude with the adoption of an overlay zoning district affecting the Residential Tourist Zoning District (RT) in the Vanderbilt Beach area along Gulf Shore Drive. FISCAL & OPERATIONAL IMPACTS: Yes RELATED CODES OR REGUALTIONS: None GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an impact on the Growth Management Plan. OBJECTIVE: The Interim Development Controls (moratorium) for the Vanderbilt Beach Residential Tourist (BT) zoning district were adopted by the Board of CountY Commissioners on January 9, 2002 and became legally effective on the same date and is in force until January 31, 2004. Initially the moratorium was scheduled to expire on Sanuary 9, 2003. Recognizing the need to extend the moratorium in order to adequately investigate the existing situation, the Board of County Commissioners voted to extend the moratorium another year until January 31, 2004. The moratorium was initiated in direct response to homeowners' concerns to restrict development and redevelopment of the area in order to allow the county planning department time to conduct an assessment of the area and determine appropriate development standar~ for the area by way of establishing an overlay district. The Vanderbilt Beach area is unique in that it is situated on'a narrow spit of land lying to the east of the Gulf of Mexico and to the west of the Vanderbilt Lagoon. Gulf Shore Drive is a narrow 18 - 20 foot wide two-lane roadway and bicycle lane all contained within a 70-foot fight-of-way. Presently, hotel, motel, multiple-family and other uses are permitted in the Residential Tourist (RT) zoning district with maximum heights often stories not to exceed 100 feet. Setbacks are a function of the height of a structure. The area had been experiencing redevelopment pressure dueto its proximity to the water. Some redevelopment proposals have been planned to maximize the use of the available land by utilizing maximum development standards on small lots that were originally platted in the 1950's. INVESTIGATIVE STUDIES County Staff launched the study process of the Vanderbilt Beach area with an April 25, 2002 community-visioning meeting. At that meeting residents identified their priorities about future development and redevelopment along Gulf Shore Drive. Subsequent investigations conducted by county staff included: compatibility and comparability study of existing buildings, building heights, open space and view corridors. A review was conducted of historic zoning ordinances in the Vanderbilt area to determine how the existing non-conforming structures were legally established. Extensive searches were conducted to learn of existing ordinances developed by other counties/municipalities that deal with height, view plane, and lot area coverage restrictions. Additional studies conducted by staff have included; lot area coverage statistics, graphic illustrations of current zoning districts and maximum lot area coverage permitted, open space and view plane status along both sides of Gulf Shore Drive, existing traffic conditions, hurricane evacuation potentials, density review, infrastructure capacities and existing public access to the beach. STANDARDS DEVELOPED County Staff then developed a "draft" overlay document (a thinking point document for discussion purposes only) and conducted meetings with a "Stakeholders group" (individuals representing homeowners and development/business owners) to review the draft document and attempt to reach consensus regarding development standards to be set forth in the proposed overlay document. The "Stakeholders group" became deadlocked in their review of the draft document, which led to each side offering their own version to be considered. Staff analyzed the documents and developed a final draft to be included in the third 2003 LDC Cycle of amendments. FISCAL IMPACT ANALYSIS The fiscal impacts associated with the proposed overlay LDC amendment are inextricably intertwined with the effect on the government body (Collier County), the development community and individual property owners within the Residential Tourist (RT) zoning district and adjacent districts. At this time, Collier County does not have a fiscal impact analysis model capable of forecasting with specificity the fiscal impact that the proposed changes would have on existing properties located in the Residential Tourist (RT) zoning district. Moreover, county staff earmot provide a level of certainty with an acceptable margin of error. However, county staff can identify specific areas where obvious fiscal impacts will occur depending on the action taken by the Board of County Commissioners (BCC). Fiscal impact analysis is the study of the effect that public policy or economic development has on government finances. There are a number of possible uses for fiscal impact studies, including but not limited to, land use planning, subdivision development, and state and federal policy analysis. There is no static method of fiscal impact analysis that is appropriate for all development and policy issues, but most studies typically include comparison of a current baseline to future scenarios. Sensitivity analysis helps non-experts to understand the effect that different assumptions have on estimates of fiscal impacts. Estimating expenditures and revenues of local governments under growth conditions is difficult. Reliance on "current per capita operating expenditures" to measure the impact of growth on local government costs may well underestimate the spending associated with growth, given that a study has shown that per capita costs increase with population growth. Capital construction cost may increase expenditures per capita, while non-local aid may increase per capita revenues. A local fiscal impact Study may also be used to estimate the effect on local government of a change in local, state, or federal public policy. Policies that might effect local revenues or expenditures include changes in local planning and zoning regulations; a change in the quantity or quality of services provided; federal or state tax policy; funding formulas for local services; environmental regulations; public lands management policy; or non-locally legislated mandates. In the near future, Collier County anticipates incorporating a fiscal impact analysis model developed by Hank Fishkind and Associates. The model under development has incorporated input from all county divisions and departments. As a result, staff anticipates providing the BCC with a significantly higher level of certainty in years to come. Regardless, staff is capable of identifying majer fiscal impact issues associated with the Vanderbilt Beach Kesidential Tourist (KT) zoning overlay district. 1. Potential Impact of "Bert Harris Claim" County legal staffwas consulted with respect to potential Harris Act claims that could be associated with any new zoning regulation that could diminish the value of land. What follows is a surarnary of the Harris Act and the potential financial exposure the County could face if density and height are reduced. The protection of a landowner's private property rights was identified by the Florida legislature in 1995 to be of important State interest. As a result the Legislature enacted Chapter 70, F.S. that is .commonly referred to as the Bert $. H~ris, Jr. Private Property Rights Protection Act. Tl~s law provides a landowner with either relief from §overr~aent regulation or payment of compensation ifa goverara~ntal entity's law, rale, regulation or ordinance lirnits, restricts, or mnfairly affects the landowner's use ofkis or her private property, or causes the property to be inordinately burdened and/or devalued. The Florida legislature recognized that laws, roles, regulations, and ordinances that are enacted by a governmental entity could restrict or limit a landowner's private property rights without amounting to a taking of the property under the State Constitution or the United States Constitution. The Fffih Amendment to the United States Constitution establishes a fundamental individual right to allow an individual to own private property. However, the government does retain certain rights that limit the private property owner's constitutional rights. The Constitution provides that private property shall not be taken for public use without just compensation to the owner of the private property. However, it would appear that the State of Florida relaxed the fight of governments to limit private property rights by providing additional compensatory measures when it enacted the Harris Act. Chapter 70, F.S. provides remedies to property owners if government regulations restrict the use or diminish the value of their land. The law creates a legal remedy in circuit court for regulations enacted and/or governmental actions taken after June 16, 1995. The law does not protect property owners against temporary losses to property or against government decisions that address public nuisances. New regulations by state agencies, regional agencies, and local governments are subject to this law. A landowner is entitled to relief if their property is permanently made to bear an inordinate share of burden imposed for the public good that limits or restricts property value or use. There is a dispute resolution mechanism set forth in Chapter 70 F.S., but many Harris Act claims result in litigation. Unfortunately there is limited case law with respect to Harris Act claims as the majority of the claims are settled. A landowner does not have to prove that government regulation has eliminated all economically profitable use of the property to seek compensation. The law provides the landowner with two remedies to seek compensation or relief. Present a formal claim. A landowner has one year after the law or regulation is first applied by an agency to the property to present a formal written claim that is supported by an appraisal of the property showing the fair market value lost due to the agency's actions. The government agency has 180 days to review the case and select one of the following options: o offer to change permit requirements including increases or modifications in the density, intensity, or uses of the property; o swap, exchange or buy the land; o rearrange development on the site including development on the least sensitive portion of the property; agree to the transfer of development rights; 16il TM o grant a variance, special exception or take other steps; or, o stand by its original decision. 1. Ifa settlement is offered, the landowner can accept or reject the settlement and take the issue to the circuit court. A landowner has one year af[er the new regulation is applied to file suit. If a judge rules that a landowner is entitled to compensation, a jury will determine the amount due. 2. Select a mediation process. A property owner can request that the government agency taking action enter into a mediation process within 30 days of the government action. Examples of government actions under the law are decisions made by state, regional, or local governments that deny a development permit or enforce zoning of a specific parcel. The mediation process may not continue longer than 165 days. A special master is jointly agreed upon to hear the matter so that a compromise can be reached to enable the landowner to use the property and safeguard the public interest represented by the government agency. If the parties do not reach an acceptable solution, the special master considers the facts and circumstances in the request for relief in order to determine if the action by the government entity is unreasonable or unfairly affects the real property. The special master prepares and files a written recommendation with all parties. If the government entity rejects the special master's recommendation, the government entity must issue a written decision within 30 days that describes as specifically as possible the use or uses available to the subject real property. 'The decision by the government entity describing available uses is the last prerequisite to judicial action. There are approximately fourty-seven (47) parcels identified in the Residential Tourist (KT) zoning district along Gulf Shore Drive. Any one or all of these parcels could be the subject of a claim under the Harris Act. 2. LitiE~,tion Expenses A. Internal attorney cost. The County if unsuccessful in its defense of Bert Harris claims, could possibly face multimillion-dollar financial exposure where compensation would most likely have to eom from the general fund. Litigation expenses must be borne by the County in the event there is a legal challenge to part or all of the proposed legislation. County attorneys will incur expenses as they bill their time against any litigation proceedings. B. External attorney cost .At its option the Board of County Commissioners may retain outside counsel to defend the county in litigation proceedings. Cost associated with these functions and payment for services will be the responsibility of county government. A recent example (the "Bellagio") of external attorney costs accrued by the County has been realized in excess of one hundred thousand dollars. Moreover, the example cited never went to trial. 3. Staffing Cost if Litigated A. Staff costs for assistance. In the event of a legal challenge, attorneys may direct various staff members to research records and provide information to support the County's defense ora Harris Act claim. Costs associated with this allocation of personnel will be incurred on a time and materials basis. The assistance is not fee generating, which will thus require funding fi.om the general fund. B. Staffeosts for proceedings. Assuming that a legal ehallenge were to progress into the court system, staff could be called to take part in the defense through depositions and testimov_ies. Costs associated with this allocation of personnel will be incurred on a time and materials basis. These costs would most likely be funded by the County's general fund. 4. Changes in Tax Base Florida Law requires that the just value of all property be determined each year. The Supreme Court of Florida has declared, "just value" to be legally synonymous to "full cash value" and "fair market value." The fair market value of your property is the amount for which it could sell on the open market. The property appraiser analyzes these market transactions annually to determine fair market value as of January 1. If there is a reduction in the permitted height or density there will be a correlative reduction in the tax base for the subject RT properties. If the residents' proposal were accepted with respect to height, it would be anticipated that there would be an approximate sixty percent reduction in tax revenue. 5. Infrastructure The purpose of fiscal impact analysis is to estimate the impact of a development or a land use change on the costs and revenues of governmental units serving the development. The analysis is generally based on the fiscal characteristics of the community-- e.g., revenues, expenditures, land values--and characteristics of the development or land use change--e.g., type of land use, distance from central facilities. The analysis enables local governments to estimate the difference between the costs of providing services to a new development and the revenues--taxes and user fees, for example--that will be generated by the development. Fiscal impacts are only one type of impact associated with development, and further-more, fiscal impact analysis has a number of limitations to keep in mind. The Interaction of Land Uses: A major limitation of fiscal impact analysis is that it does not capture the interactions among land uses when development occurs. For example, a commercial development may show a net positive fiscal impact, yet it may also generate costs outside of the development that are not necessarily captured in the fiscal analysis-- costs such as increased traffic congestion around the area leading to higher expenditures 1611 for street maintenance and repair. Development also affects property values in adjacent properties, which are not included in the final analysis. Fiscal Impacts on Other Jurisdictions: Standard approaches to fiscal impact analysis are typically designed to examine the effects of development on a single unit of government. Development has impacts beyond your community, but there is no formal mechanism to precisely estimate these costs. The Cumulative Impacts of Development: Cumulative impacts are not necessarily considered in standard approaches to fiscal impact analysis. Whereas, a single development may have a slight effect on a community's fiscal balance sheet, a series of developments over time may significantly impact revenues and expenditures and tax base. In growing communities, it is often necessary to invest in capital facilities to accommodate new development. New streets, water and sewer systems and schools may be needed to serve additional population. Because large capital projects such as sewage treatment plants are often financed by debt paid through user fees and charges to new residents, they are often not explicitly included in traditional fiscal impact studies, which focus on operating budgets. Furthermore, many of these initial capital investments are required to be paid for by the developer. It is important to understand the long-term consequences of development in terms of capital improvements and facilities. The following allows you to identify whether the proposed development is expected to generate a need for additional capital facilities or improvements. The impact of such expenditures on residents--new and existing---depends on how the capital investment is financed. If it is to be financed through a bond issue, the annual debt payment should be included as an expenditure when the total impacts of development are calculated. This section follows a case-study approach intended to assist in estimating annual debt service expenditures associated with the new development. IDENTIFICATION OF FACILITIES AND IMPROVEMENTS NECESSARY TO ACCOMMODATE GROWTH The identification of infrastructure facilities necessary to accommodate the new development should occur in a systematic manner. This information can be identified in a number of ways. One would be to contact department heads for their expertise on necessary capital improvements to serve new development. Another would be to analyze any support documentation the community may have, such as a capital improvement plan. Special studies can be conducted to identify needs. Lastly, to determine the physical quantifies of needed capital investments, a standard for each service or facility may be useful. Ideally, this would be based on a community- needs assessment, but the existing standard of provision is an appropriate alternative. Once these service standards are established, the need for new capital facilities can be determined. List of Capital Investment Items to Consider In Accommodating New Development · Streets, roads and sidewalks · Street Lighting Street and road repairs · Playground equipment · Recreation buildings · Heavy equipment · Traffic signals Parking lots · Parking meters · City halls, courthouses · Libraries · Major building rehabilitation · Jails · Tennis courts 1611 · Police and fire stations · Fire trucks · Police and fire radio systems · Police cars · Water and sewer treatment plants · Storm sewers · Sewer and water mains · Solid waste sites and equipment The proposed zoning overlay will not have any adverse infrastructure impacts when compared to the existing RT zoning district regulations. Moreover, an analysis of infrastructure in the study area indicated that there are no current or anticipated infras~a'ucture deficiencies from a level of service perspective in thc overlay district study area. As a result, there are no infrastructure impacts associated with the proposed zoning overlay district. 6. Conclusion The fiscal impacts associated with the proposed zoning overlay drafted by staff are negligible. However, there would be major fiscal impacts if height and density were reduced as proposed by the residential stakeholders in the Vanderbilt Beach study area. As previously mentioned, the county could be faced with multi-million dollar financial exposure from potential Harris Act claims if height and density development rights currently in place are changed wherein the end result is diminished property values. Moreover, planning practices and principles do not warrant substantial change to the existing RT zoning district. The proposed changes are fiscally responsible and take into account all potential impacts on public infi'astructure as it relates to existing and Projected levels of service. Furthermore, legal staff concurs with the proposed zoning overlay and has rejected the proposal promulgated by resident Stakeholders as fiscally irresponsible. ORIGIN: AUTHOR: DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: 2.3 LDC SUPPLEMENT #: CHANGE: REASON: Community Developm~t & ~nviromaaental Services Division Donald A. Schneider, ?fin¢ipal ?lanner Cycle 3, 2003 LDC2:124.34.13 and 134 Supplement 14 Additions to the Off-Street Parking and Loading Ordinance Move Sections 2.8.3.1, 2.8.3.1.2, 2.8.3.1.3, 2.8.3.1.4 of Division 2.8, the Architectural and Site Design Standards, to Division 2.3 Off-Street Parking and Loading, section 2.3.4.13 in order to have all parking requirements in the same LDC Division. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGUALTIONS: None GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: This amendment will not have an impact on the Growth Management Plan. None. Amend the LDC as follows: DMSION 2.3. OFF-STREET PARKING AND LOADING Sec. 2.3.1. Title and citation. This division shall be known and may be cited as the "Collier County Off-Street Parking and Loading Code." Sec. 2.3.2. Purpose and intent. It is the intent of this division that the public health, safety, comfort, order, appearance, convenience, morals, interest, and general welfare require that every building and use erected or instituted after the effective date of this Code shall be provided with adequate off-street parking facilities for the use of occupants, employees, visitors, customers or patrons. It is also the intent of this Code that certain uses must provide adequate off-street loading facilities. Such off-street parking and off-street loading facilities shall be maintained and continued so long as the use continues. (For definitions of "parking space, off-street" and "loading space, off-street," see article 6). (Ord. No. 92-73, § 2) Sec. 2.3.3. General applicability. Wherever in any zoning district off-street facilities are provided for the parking or display of any and all types of vehicles, boats or heavy consmaction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use (including "drive-in" facilities) hereinafter referred to as "other vehicular uses," such off-street facilities and land shall conform to the m~iraum requirements of this Code. 2.3.3.1. Repair ofexisn'ng building or use. Off-street parking and off-street loading facilities shall be provided as set forth in this division. Conforming buildings and uses existing as of the effective date of this Code may be modernized, altered, or repaired without providing additional off-street parking or off-street loading facilities, providing there is no increase in floor area or capacity or change in use which would require additional off-street parking. 2.3.3.2. Enlargement of existing building or use. Where a conforming building or use existed as of the effective date of this Code and such building or use is enlarged in floor area, volume, capacity, or space occupied, off-rtreet p~king and off-street loading as specified in this Code shall be provided for the additional floor area, volume, capacity, or space so created or used. 2.3.3.3. Change of existing use. Where a use and building existed at the effective date of this Code and the use is changed after the effective date of this Code and where this Code requires such later and changed use m have greater required off-street parking, then additional off-street parking shall be provided for the later and changed use as required under this Code. 2.3.3.4. Central business district. Unless otherwise provided, areas designated as the central business district ora community shall not be required to meet the requirements for off- street parking and loading herein. Such central business districts may be designated on a map or such other documents and materials as are necessary and adopted by the board of county commissioners upon recommendation of the planning commission for the purpose of exempting such area from off-street parking and loading regulations. (Ord. No. 92-73, § 2) Sec. 2.3.4. Off-street vehicular facilities: design standards. Off-street parking facilities and other vehicular facilities, both required and provided, shall: 2.3.4.1. /dentification. Be identified as to purpose and location when not clearly evident. 2.3.4.2. Surfacing. Be surfaced with asphalt, bituminous, concrete or dustless material and maintained in smooth, well-graded condition. Up to 70 percem of the parking spaces for houses of worship and schools may be surfaced with grass or lawn. Spaces that are not paved shall be compacted, stabilized, well drained and surfaced with a durable grass cover. Driveways, handicapped spaces and access aisles shall be paved. When the development services director det=~mines that the paving of some or all parking spaces for houses of worship and schools will have significant negative environmental impacts, the director may require that these parking spaces not be paved. Upon approval of the 2.3.4.3. 2.3.4.4. 2.3.4.5. 2.3.4.6. development services director, a suitable material (limerock excl Id s le stabilized subgrade may be substituted for the above materials. This section 2.3.4.2 shall not apply to single-family dwellings. Drainage and slope. Be drained and sloped so as nOt to cause any nuisance to adjacent property or to public property or fights-of-way. Such facilities must also be sloped to meet the provisions of the Americans with Disabilities Act. Lighting. Be so lighted, fflighted, as to shield streets and all adjacent properties I~om direct glare, excessive light, and hazardous interference with automotive and pedestrian traffic. Lighting shall conform to the applicable provisions of division 2.8. Access. Be arranged for convenient and safe access of pedestrians and vehicles. Access via a rear property right-of-way shall be required if available in lieu of direct access. Internal circulation. Be arranged so that no vehicle shall be forced onto any street to gain access from one aisle to another aisle. 2.3.4.7, 2.3.4.8. Striping or marking. Whenever the number of off-street parking spaces required by this Code is five or more, all parking spaces shall be striped or marked with paint or other suitable pavement marking material. Landscaping. Be constructed so that interior portions of off-street vehicular facilities not utilized specifically as a parking space or maneuvering or other vehicular use area shall not be paved but shall be landscaped in accordance with this Code, specifically division 2.4. 2.3.4.9. 2.3.4,10. 2.3.4.11. Dead-end aisles. Off-street parking areas shall be designed so as not to create dead-end aisles except as may be permitted in accordance with provisions of the Standard Building Code, or other applicable Codes referenced within division 1.18. Aisles designed for one- way traffic flow shall have painted arrows not less than four feet at each end of the aisle indicating the direction of travel. Redesign. Whenever any part of an off-street parking area is redesigned, those pavement markings which no longer apply shall be completely obliterated. Locational requirements. All off-street parking facilities shall be located on the same lot they serve, on a contiguous lot under the same ownership that is zoned for use as a parking lot, or shall be approved under the provisions of section 2.3.4.11.2., below. Exemptions to locational requirements: a. Off-site parking on non-contiguous lots under same ownership. The planning services director may approve off-site parking on lots under the same ownership that are separated by a roadway that is not designated an arterial or a collector roadway of greater than two lanes in the traffic circulation element of the growth management plan. A site development plan shall be submitted to the director which indicates that: (1) At least 67 percent of the required parking is on the lot with the'Principal'structure; or bo (2) The off-site lots are zoned for use as a parking lot or are zoned the same as the lot with the principal structure; or (3) The off-site parking will serve a water dependent and/or a water related use or will only be used for valet parking. Off-site parking on lots under different ownership. The planning services director may approve off-site parking on contiguous lots that are under different ownership. A site development plan shall be submitted to the director which includes: (0 A minimum ten-year lease agreement between the property owners, including a provision that if and when the lease expires, the property owner requiring the off-site parking shall make other provisions for the required parking. The county attorney shall review this agreement for form and legal sufficiency. The petitioner shall record the lease in the official records of Collier County before approval of the site development plan; and (2) At least 67 percent of the required parking is on the lot with the principal structure; or (3) The off-site lots are zoned for use as a parking lot or are zoned the same as the lot with the principal structure; or (4) The off-site parking will serve a water dependem and/or water related use or will only be used for valet parking. Parking exemption. The board of zoning appeals, after review and recommendation by the planning commission, may approve a parking exemption under the following circumstances: (1) The permitted use and the proposed off-site parking lot are separated by a collector or arterial roadway; (2) The lot proposed for off-site parking is not zoned commercial; (3) Shared parking, in which two or more permitted uses utilize the same, or a portion of the same required parking. (4) Parking reservation, in which the petitioner believes that the number of required parking spaces is excessive and wishes to reduce the number of parking spaces required to be consmacted, while 2.3.4.12. Reserved. 1611 reserving the land area for future parking spaces if determined necessary by the pla~nlng services director, or the board of zoning appeals. (5) Structures in cOn-l,uercial zoning districts shall be set back a-minimum of 15 feet from residentially zoned lots which have been granted a parking exemptiom The planning commission and the board of zoning appeals shall consider the following criteria for the approval of a parking exemption: (1) Whether the amount of off-site parking is required by section 2.3.16, or is ia excess of these requirements. (2) The distance of the farthest parking space from the facility to be served. (3) Pedestrian safety if the lots are separated by a collector or arterial roadway. (4) Pedestrian and vehicular safety. (5) The character and quahty of the neighborhood and the future development of surrounding properties. (6) Potential parking problems for neighboring properties. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site parldug. (8) Whether vehicular access shall be from or onto residential streets. (9) Whether buffers adjacent to the property zoned residential are 15 feet iu width and include a wall in addition to required landscaping. (10) Whether the off-site parking area will be used for valet parking. (11) Whether the off-site parking area will be used for employee parking. (12) Whether there are more viable alternatives available. Off-street parking areas must be accessible from a street, alley or other public fight-of-way and all off-street parking facilities must be so arranged that no motor vehicle shall have to back onto any street, excluding single-family and two-family residential dwelliags and churches approved under section 2.3.16. 2.3.4.12.1. Minimum aisle widths. IvEmimum aisle widths shall be as follows: Angle of Parking Aisle Width (One-Way) Aisle Width (Two- Way) Parallel 12 feet* 20 feet 30 delp'ees 12 feet* 22 feet 45 degrees i 2 feet* 22 feet 60 degrees 18 feet 24 feet 90 de~'ees 22 feet 24 feet *Fire districts may require these to be increased to 14 feet where an acute turning radius is present. 2.3.4.12.2. Minimum space size. Each parking space shall.be a minimum of nine feet by 18 feet in size or 16 feet in depth measured fi:om the aisle width to the face of the whoel stop except in the case of parallel parking where the dimension of the space shall be nine feet by 23 feet for spaces running parallel to the driveway which affords access to said spaces. As an alternative, nine feet by 18 feet spaces may be used in which case there must be a six foot marked clear zone space in front of or ia back of every space. See Exhibit "A" for typical off-street parking design. All parking spaces for the exclusive use of compact vehicles indicated on an approved site development plan, and any subsequent amendments thereto, shall be counted as standard parking spaces. GRAPHIC UNAVAILABLE: Exhibit A 2.3.4.123. 2.3.4.13, Secondary parking from alley access. For any nonresidential development which abuts an alley, a maximum of ten parking spaces, not to exceed 30 percent of the required parking for the proposed use, may be accessed solely fi:om the alley. Said parking spaces shall be clearly marked and arranged ia such a manner so that each parking space meets the minimum size required in section 2.3.4.12.2 of this Code. Additionally, these spaces shall be arranged ia a manner which allows for full compliance with any required landscaped buffer requirement. These spaces shall be for the exclusive use of employees and service vehicles and shall be clearly designated as such by appropriate signage. Desitin standards aDolicable to structures subject to: Divixion 2.8 Architectural & S~t,; Desitrn Standard~. Cortmliance with the standards set forth ia thi.~ section .qhall ~9 demonstrated by submittal of architeetttral drawings and a site development plan ill accordance with Division 3.3. of this Code. Commercial and oth~ non-residential builclin~, and Droiects. includm~ their 9umareels. shall be desimaed in a consistent and coordinated manner for the entire site. Parkin~ shall be desimaed so as to enhance the visual appearance Of the community and to vrovide safe. convenient, and efficient access for vedestria~ and vehicles. Parking, ufli~.int~ the same de~ree ofan~le, shall be developed throu~hou~ th~. site to ~rovide e~eient and safe ~affic and ~edes~ circ~Ha~on. A s~le bay of~ ~rovided alon~ ~e ~e~meter of~e site ~v v~ ~ desi~ ~ ord~ to ~x~mlze ~e number ofs~aces ~m~ded on-site. Oth~e, ~e ~x~e of one-~v ~d ~o-wav oar~in~, or ~ff~ent ~led o~n~ is not De~ed ~ a s~ele O~e area. When individual ~arkin~ areas are ~hvsicallv separated from one another by a continuous landscape buffer with a minimum width of 5 feet and limited access. the narldnv areas are considered seoarate. Shrubs and trees shall be the lan~¢aOC material used for the separation ofoarldn~ areas. Trees shall be soaced no more than 30 feet on center, with hedge of at least 24 inches in heieht at time of~lantin~ and attalnlne a minimnm of three feet in height within one year. (INCLUDE ILLUSTRATIONS 1 & 2~ Projects with a ~ross builtiin~ area of 20.000 souare feet or lar~er shall be desimaed to adhere to the followinu standards: Interior lots. No more than 50 oercent of the off-street naxkin~ for the entire buildln~ or oroieet shall be located between any orimarv facade of the buildinu anti the abutfin~ street or navieable waterway. flNCLUDE ILLUSTRATION Comer lots. No more than 80 uercent of the off-street oarkinu for the entire builtiin~ or r~roieet shall be located between any nrimarv facade anti the abuttinu street or navkmble waterway area. No single street side should contain more than 65 vercent of the t~rovided ~arkinm (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-58, § 3; Ord. No. 96-21, § 3; Ord. No. 96-35, § 2; ord. No. 99-62, § 1; ord. No. 00-8, § 3.C.; Ord. No. 00-43, § 3.C.; ord. No. 02-3, § 3.C.) Sec. 2.3.5. Automobile parking in conjunction with residential structures. All automobile parking or storage of automobiles in connection with residential structures which are 'located on property which is designated as Mixed Use Urban Residential on the Future Land Use Map and which are zoned or used for residential uses, shall occur on specifically designed surfaces in a specifically designated area of the lot upon which the residential structure is located. The parking and/or storage of automobiles in connection with the residential dwelling units they are ancillary and accessory to shall be regulated as follows: Single-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with single-family dwelling units shall be limited to stabili~.ed pervious or imperviously treated surface areas of the lot specifically designed for the parking of automobiles which may not comprise an area greater than 40 percent of any required front yard, which nonetheless may not serve to limit a driveway to a width less than 20 feet. All parked automobiles shall utilize only the desi~tmated pervious or impervious surface areas. '3. Two-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with a two-family structure shall be limited to pervious or imperviously treated areas of the lot which may not comprise an area greater than 50 percent of any required front yard, except that this shall not serve to limit a driveway width to less than 20 feet, and a driveway may be provided on each side of the two-family structure. Multiple-family (i.e. three or more) dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with multiple-family dwelling units shall be limited to pervious or imperviously treated surface areas of the lot designated for the parking and storing of automobiles. Pervious or imperviously treated surface areas designated for the parking of automobiles shall not exceed a ratio oftwo and one-half automobiles per dwe]ling unit in the event all parking spaces are not located v~thin an enclosed structure or any combination of open air and enclosed structure. Where multiple-family structures consist of single-fatally attached (i.e. row houses) dwelling units each with its own driveway to a common accessway, public or private street, all parking of automobiles shall be limited to the d~iveway and or garage combination. Automobiles parked and/or stored in connection with residential dwelliug units as described above shall be owned by the occupants of the dwelling unit or units unless the vehicle is owned by a ~ corporation or entity for which a dwelling unit occupant is employed. This provision shall not be construed to apply to automobile vehicles owned by persons or business firms at the site for social or business purposes. No other portion of a front yard may be used to park or store automobiles including that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. 23.5.1. Nonconforming situations. Nonconforming situations that were otherwise lawful prior to the effective date of this section of the article shall comply with this article or any subsequent amendment to this article within 90 days of its effective date. (Ord. No. 02-3, § 3.C.) Sec. 23.6. Off-street parking: uses not specifically mentioned. Requirements for off-street parking for uses not specifically mentioned in this division shall be the same as for the use most similar to the one sought, or as otherwise determined by the planning services director pursuant to section 2.3.9 of this Code it being the intent of this Code to require all uses to provide off-street parking, unless specific provision is made to the contrary. (Ord. No. 92-73, § 2; Ord. No. 95-58, § 3) Sec. 2.3.7. Off-street parking: fractional measurements. When units of measurements determining number of required off-street parking spaces result in a requirement of a fractional space, then such fraction equal or greater than one-half shall require a full off- street parking space. See. 2.3.8. Off-street parking: measurement. Where this Code requires off-street parking based on various types of measurements, the following rules shall apply: 23.8.1. Floor area means, for the purposes of this division only, the gross floor area inside the exterior walls, unless otherwise specifically indicated. 2.3.8.2. In hospitals, bassinets do not count as beds. 2.3.8.3. In stadiums, sports arenas, houses of worship, and other places of public assembly where occupants utilize benches, pews, or other similar seating arrangements, each 24 lineal 1511 inches of such seating facilities count as one seat. 2.3.8.4. Where the parking requirements are based on number of employees or persons employed Or working in an establishment and the number of employees increases after the building or structure is occupied, then the amount of off-street parking provided must be increased in ratio to the increase of the number of employees. (Ord. No. 92-73, § 2) Sec. 2.3.9. Off-street parking: minimum requirement. Irrespective of any other requirement of this Code, each and every separate individual store, office, or other business shall be provided with at least one off-street parking space, unless specific provision is made to the contrary. The p]anning s~q~rices director may determine the mininaum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this Code should not be applied. In making such a determination the planning services director may require submission ofparkin§ generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 2.3.15; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. (Ord. No. 95-58, § 3; Ord. No. 95-21, § 3) Sec. 2.3.10. Off-street parking: parking provided over and above the minimum parking requirement. Developers of commercial projects located within commercial zoning districts, business park districts, or a commercial component of a PUD zoning district, which require a minimum of 80 parking spaces, providing paved off-street surface parking in excess of 120 percent of the requirements of this Code shall request a variance in accordance with section 2.7.5. The developer shall be required to provide double the landscaping required in interior vehicular use areas, as required by section 2.4.5.2 for those projects requesting such a variance. (Ord. No. 95-58, § 3; Ord. No. 96-66, § 3.C.) See. 2.3.11. Off-street parking: parking lots exceeding 200 spaces. DeveloPers providing parking lots in excess of 200 parking spaces may surface 15 percent of the required off-street parking spaces in grass which shall be compacted, stabilized, well drained and surfaced with a durable grass cover. Such grass parking spaces shall be located along the outlying perimeter of the parking lot. Driveways, handicapped spaces and access aisles shall be paved. Ail grassed parking spaces shall be included in the water management calculations for site development plan review. (Ord. No. 95-58, § 3) Sec. 2.3.12. Off-street parking: encroachment prohibited. Required off-street parking shall be located so that no automotive vehicle when parked shall have any portion of such vehicle overhanging or encroaching on public right-of-way or the property of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. (Ord. No. 92-73, § 2; Ord. No. 95-58, § 3) Sec. 2.3.13. Off-street parking: not to be reduced or changed. Required off-street parking according to the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted or pem~_iss~le use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this Code. (ord. No. 95-58, § 3) 1611 Sec. 2.3.14. Reserved. Editors Note: Ord. No. 00-8, § 3.C, adopted Jan. 25, 2000, repealed § 2.3.14. in its entirety. Formerly, said section pertained to reservation of off-street parking. See the Land Development Code Comparative Table. Sec. 2.3.15. Reserved. Sec. 2.3.16. Off-street parking and stacking: required amounts. Minimum off-street parking space requirements are set forth below. Where stacking is required, the amount listed ~O~S ~ot include the Fn's~t vehicle _b~ing serviced (for ~~ .drive-in windows~t]~ stacking starts ten feet behind the middle of the pickup window) and is computed at 20 feet per vehicle (turns are computed at 22 feet per vehicle, measured at the outside of the driveway). Stacking for one lane may be reduced ff the reduction is added to the other lane(s). Airport (civil aviation) Airport (general aviation) Art gallery or museum Archery fields Athletic fields Auto maintenance center (drive-through) Auto service station Auto/truck/trailer leasing Auto/truck/boat/motorcycle/recreational vehicle repair or body shop Auto/truck/boat/motorcycle/recreational vehicle sales or dealership Auto/truck washing Bank or financial institution Barbershop/beauty parlor/bari' salon Beverage center (drive-through) 1 per 600 annual enplaned passengers. ~er each aircraft tiedown/storage/maintenance area. 1 per 300 square feet of floor area open to the general public. 1 per 1.5 target practice stalls 25 spaces for each athletic field (baseball, softball, football, soccer, etc.). The community development services administrator, or his designee, may administratively reduce this requirement where the applicant can demonstrate a reduced need for the required parking due to the type of athletic facility or where shared parking may be provided on adjacent public property. Grassed parking may be permitted for not more than 50 percent of the provided parking. I per 250 square feet. Stacking for 5 vehicles for the first bay and 2 for each additional bay. 3.$ per service bay or 1 per 250 square feet, whichever is ~reater. I per 500 square feet of roofed building area plus 1 per 2,000 square feet of paved outdoor vehicle storage area. These spaces shall not be used for the parking of rental vehicles. 3.5 per service bay or 1 per 250 square feet, whichever is greater. 1 per 400 square feet of building area except service/body shop buildings which are 3.5 per service bay or 1 per 250 square feet, whichever is greater; plus 1 per 2,000 square feet of outdoor sales/display area. 1 for self-service wash facilities and I per employee of the largest shift for automatic wash facilities. Stacking for 2 vehicles per stall for serf-service wash bays and stacking for 5 vehicles per automatic carwash lane. I per 250 square feet on the first floor and 1 per 300 square feet on any other floors. Stacking for four vehicles for each drive-up window not to exceed a total requirement of 15 vehicles exclusive of automated deposit lanes which require no stacking. 1 per 200 square feet or 3 per barber/beautician haircutting chair, whichever .is greater, and 1.5 per station or booth for nails, massages, facials~ suntanning? etc. 1 per 250 square feet. Stacking for 5 vehicles for the first drive-through aisle and 2 for each additional aisle. 1611 Boat ramp Minimum 10 spaces per ramp with dimension~ of 10 feet wide by 40 feet long. Vehicular parking shall be provided at 4 spaces per ramp. Boat storage (Only for dry storage on a site that has no water access for boats and those not associated with a self-service storage facility), 1 per 12 dry boat storal~e spaces. Bottling establishment 1 per 500 square feet of building area. Office area shall be calculated at 1 per 275 square feet. Bowling alley I per 200 square feet for bowling area which also includes parking for locker room area, bowlers* seating/approach area and storage area Plus 1 per 150 square feet for all other uses including offices, snack bars, lounges, game/pool rooms, and sales areas. Building supplies/lumberyard (Only for retail sales where the supplies are primarily stored outside), I per 275 square feet of inside retail/office area plus I per 1,500 square feet of enclosed or roofed storage str~ctm'es. Catering shop 1 per 500 square feet. Sales and display areas shall be computed at 1 per 250 ~uare feet and offioe'area shall be computed at 1 per 300 square feet. Child care/day nursery/adult day care center I per employee of the largest workshift plus 1 space for every ]0 children/adults. In addition, adequate drcpoffand pickup areas shall be provided. Church~ouse ofwor~hip/temple/sy~ago~e 3 for each ? seats in chapel or assembly area. Other ~ses are not counted except for residential uses. A reduction of this standard to a minimum of 1 space for each 4 seats, m~y be applied for in conj~n~on with an application for a site development pla~, through the board of zoning appeals m~er review and recommendation of the planning commissii)n. This reduction will only be allowed for expansion created by congregational growth, for existing church buildings where the applicant can demonstrate a significant hardship exists. A stacked or other parking plan shall he s~bmitted witl~ Re application which will demonstrate that the vehicle parking will not have negative impacts upon neighboring properties and will provide adequate access for emergency vehicles. Coin-operated Oan,~n~, self-service) 1 per each 2 washin~ machines. Commercial la~d~ I per 500 square feet ofhuildin~ area. Convenience store/delicatessen/takeout prepared I per 200 square feet plus 1 for each 2 seats provided for food food store pa~ons. Dane% art, music studio 1 per 250 ~am feet. D~ cle~-~ 1 per 300 square feet. l~.quipment rental store I per 500 sq~'e feet plus I per 2,000 square feet of outside storage/display areas. Flea market I per 50 square feet of sales area or I per vendor display booth, whichever is ~eater. ?uneral home/crematories 1 per ?5 square feet for room used for services and chapels and 1 per 300 sq~re feet for all other ~es. Pumiture/carpetYmajor appliance store I per ~00 square feet (this includes.retail, oi~ce and storage Golf co~se ~ per hole plus 1 per 200 square feet for oi~ce4obby/pro shop/health club/clubhouse/lounge/snack bar/dining/meeting room areas ~d 50 percent of normal requirements fo~ exterior recreation uses including: swimming pools, golf driving ranges and tennis courts. Golf car~, golf bag and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall he computed at 1 per 1,000 square feet. Golf d~ving range I pe~ 2 driving tees and I per practice putting green plus normal requirements for an)' struct~es. Goff (miniature) 1.25 per hole plus normal requirements for any structures. Heliport, helipad, ultralight flight park Hotel Industrial use/activity manufacturing/processing (not otherwise listed) Interior deco,~or/desisn center Ju~2rard, salvage yard Kennel/veterinarian Landfill Lib~m y, con,,nanity recreational facility Lounge, bar, bottleclub, nightclub, pool hall establishment) Matins, boatel Medieal/&n~.,d office or clinic (outpatient care Model home sales office/center Motel Nuts.cry, plant (retail) Nursery, plant (wholesale) Office Office (contractor's) 16/1 1 per 2 helicopter tiedown/storage/service areas plus 1 per 5 ultralight tiedown/storage/service areas plus I per employee at largest workshift. 11 per 5 patient beds. 11 per 10 guestrooms (this includes the required parking for the hotel office and all accessory recreational facilities that are open to hotel guests only). Accessory uses shall be computed as follows: 50 percent of normal requirements for restaurants, I per 400 square feet for other retail uses, 1 per 100 square feet for meeting rooms, ballrooms and convention rooms and 1 per I00 square feet for lounges, bars and nil~htclubs. I per 500 square feet or 1 per employee of largest workshi~ whichever is greater. Offieedretail areas shall be computed at 1 per 275 square feet. 1 per 300 square feet ofbuildinl~ area. I per 500 square feet of roofed area plus l per 15,000 square feet of outside storage area. 1 per 200 square feet except for animal holding areas. 1 per 10 animal holding areas. 2 per employee of largest [work] shill 1 for each 200 square feet or I for each 3 seats, whichever is ~'eater. 1 per $0 square feet plus 1 per 75 square feet for any outdoor e~n~/d~ldn~ areas. 1 per 2 wet boat slips excluding those used for charter boats plus 1 per $ dry boat storage spaces. Wet slips used for charter boats (including those for fishing, shelling, diving, and sightseeing purposes) are computed at I per 3 boat passengers based on the maximum number of passengers and charter boats used for dining are computed at 1 per 2 boat passengers based on the maximum number of passengers. Each parking space provided to meet the marina's boat slip or dry storage parking requirements may also be credited towards meeting 100 square feet of the parking requirements. for the marina or any permitted marina-related activities excluding restaurants, lounges/bars and private clubs. Uses not receiving credit t~om parking provided for boat slips or dry storage spaces shall provide parking at the normal rate for those uses as required within this Code. I per 200 square feet. 4 for the first unit and 1.5 for ~,~h additional unit. 12 per 10 guestrooms (this includes the required parking for the motel office and all accessory recreational facilities designed primarily for motel guests). Where accessory uses are designed primarily for motel guests, they shall be computed as follows: 67 percent of normal requirements for restaurants, I per 350 square feet for other retail uses, I per 100 square feet for meeting rooms, ballrooms and convention rooms and 1 per 75 square feet for lounges, bars and nil~htelubs. 1 per 250 square feet of roofed and enclosed building area plus I per 2,000 square feet of outside display area open to the public. I per employee of largest workshif~ plus 1 per 10,000 square feet ofcli.~, lay area and 1 per acre of growing areas. 1 per 300 square feet I per 300 square feet per [of] office area and I per 1,000 square feet per [of] roofed storage area plus I per each company vehicle that will be parked ovemil~ht. 1611 Post office 1 per 100 square feet. Private organizational club, lodge or fraternal 1 per 100 square feet or 1 per 3 seats that will be set up at any organization time, whichever is greater. This shall be computed on all areas used for offices, meeting rooms, restaurants, dining rooms and indoor recreation. Other uses such as marinas, retail areas and outdoor recreation areas require additional parking at normal requir~nents. Printing establishment I per 200 square feet of building area. Retail sales areas shall be calculated at 1 per 250 square feet and office area shall be calculated I per 300 square feet. Public buildings (fire, emergency medical service I per 200 square feet for administrative office area and 2 per or sheriffstation and.jail) employee of the largest shift for all other areas plus 1 per $ prisoners based on the maximum holding capacity for any jails. Recreation facilities (indoor) sports, exercise, I per 100 square feet. fitness, aerobics, or health club/skating rink/game room/bingo parlor Recreation facilities (outdoor) tennis, racquetball or 3 per court plus other Uses as required. handball courts Research laboratory I per 300 square feet of office area plus 1 per 500 square feet of other areas or I per employee of largest workshiff, whichever is greater, plus 3 for visitors. Residential uses: Boarding/rooming 1 per rented room plus 2 for owners/employees. house, bed and breakfast residence Convalescent home, 2 per $ beds. nursing home, home for the aged, rehabilitation facility Duplex 2 per dwelling unit. Single-family house, 2 per unit. town/row house, mobile home, guesthouse, caretakers residence Dormitory/fratemity/s 1 per 2 beds, plus I per manager, plus 1 per employee. orority Multifamily All units shall have 1 per unit plus visitor parking computed dwellings at 0.5 per efficiency unit, 0.'/5 per 1-bedroom unit, and 1 per 2-bedroom or larger unit. Office/administrative buildings shall have parking provided at 50 l:)ercent of normal requirements. Where small-scale recreation facilities are accessory to a single-family or multifamily project and intended only for the residents of that project, exclusive of golf courses/clubhouses, the recreation facilities may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities. However, any recreation facility shall have a minimum of 2 spaces exclusive of parking spaces for dwelling units. Nursing home Family care facility, group care facility (category I and category II), and care unit~ see section 2.6.26 of this Code. Restaurant (walk-up or drive.through with walk. up I per 80 square feet for public use areas including outdoor window and/or outdoor seating) eating areas or 1 per 2 seats, whichever is greater, and for non public use areas (kitchen, storage, freezer, etc.) I per 200 square feet. A stacking area of 9 vehicles for the first drive- through lane and 6 for any additional drive-through lanes. 1611 R~staurant (drive-through with no walk-up window I per 100 square feet. A stacking area of 10 vehicles for the or outdoor seating) first drive-through lane and 7 for any additional drive-through lanes. Restauc~nt (fast food) I per 70 square feet for public use areas including outdoor eating areas or 1 per 2 seats, whichever is greater, and for non public use areas (kitchen, storage, freezer, etc.) I per 200 square feet. A stacking area of 9 vehicles for the first drive- throu~ lane and 4 for any additional drive-through lanes. Restaurant (sit-down) I per 60 square feet for public use areas including outdoor eating areas or 1 per 2 seats, whichever is greater, and for non public use areas (kitchen, storage freezer, etc.) I per 200 square feet. Credit for boat slip parking is allowed ~vhere the slips have all necessary permits and are located on navigable waterways, using the formula I boat slip = 1 vehicle space, arovided that each and all boat slips credited shall not be leased or rented for boat storage or utilized for any purpose other than customers frequenting said restaurant. Credit for boat slip parking shall be limited to a maximum of I0 percent of a restaurant's required parking not to exceed a total credit of 10 parking spaces, with the amount credited determined by the development services director based on the likelihood of restaurant customers using these wet slips during peak business hours of the restaurant, Retail shop or storc (not otherwise listed) and I per 250 square feet of indoor/outdoor retail and office areas department stores plus 1 per 500 square feet for indoor/outdoor storage areas that have no access for the general public and partly enclosed or open air ~arden centers. Schools: Business school/vo- 2 per 5 students plus 4 per 5 faculty/staff members. teeh College/university 2 per 5 commuter students plus I per 2 resident students plus 4 per 5 faculPflstaffmembers. Elementary/junior 5 per 4 staff/faculty members. high school Senior high school 1 per faculty/staff member plus 1 per 5 ~_~dents. Shopping center I space per 250 square feet for centers with a gross floor area less than 400,000 square feet and not having significant cinemas/theaters (none or those with a total cinema/theater seating capacity of less than 5 seats per 1,000 square feet of the shopping center's ~'oss floor area). 1space per 200 square feet for all other centers. No more than 20 percent of a shopping center's floor area can be composed of restaurants without providing additional parking for the area over 20 percent. Regional shopping center parking requirements shall be based upon gross leasable floor area which shall include any common area that is leased or used for retail activities. Rear parking requirements: When more than I0 percent cfa shopping center's total parking requirement is placed in the rear of the shopping center, the center shall have convenient and well-lighted front and rear accesses for patrons and employees and the rear buildings shall be architecturally finished adjacent to rear accesses. Sports arena, stadium (outdoor), racetrack, theater, I for each 3 seats/patrons allowed to stand or I space per 40 cinema, auditorium, or public assembly area not square feet of spectator seating/standing areas, whichever is otherwise listed greater plus I for each employee/non-spectator who will be present during performances excluding those arriving by buses. Bus parking is required is required when employees, non-spectators or spectators will be arriving by bus. Stables, eoiiir~ereial riding stable, boarding stable, I per every 2 stalls. .livery stable and dude ranch Storage facility (self-service) Supermarket/grocery/farm stand Swimming pool/hot mbs/spas (outdoor) Taxi stand/office Television/radio studio Temporary parking for sports events, religious events or community events Travel trailer/recreational vehicle park campsite Warehouse, wholesale establishment 1 per 20,000 square feet of stor~t~ng[pl~_l per 50 vehicle/boat storage spaces plus 1 per 300 square feet of office areas. Minimum of 4, 1 per 250 square feet. Supermarkets shall also meet the green space requirements and rear parking requirements as shown ~ursuant to shoppin~ centers as set forth in this section. I per 75 square feet of water areas for the first 1,000 square feet and I for each additional 125 square feet of water areas. A single-family house is exempt from this requirement. 1 space for each employee on the largest working sh~, plus 1 space per taxi. 1 per employee of largest shii~ or l'per 400 square feet, whichever is ~'eater; plus 3 for visitors. In the case oft church, community or other sporting event which operates on an intemaittent or seasonal basis, the required off-street parking may be provided on a temporary basis and need not be permanently designated, paved, drained, or landscaped, provided the use has been approved and Ia permit] issued by the development services director in accordance with applicable standards for the use. l per campsite lot or other TTRVC lot. I per 1,000 square feet except for sales/office areas which are I per 275 square feet. Vested projects: All types of Site development plans that have been formally submitted or approved by Sanuary 29, 1991, will be exempt, at the election of the applicant, from the new parking requirements of section 2.3.16 as long as commencement of construction occurs on the project by January 29, 1992. Furthermore, amendments to these exempted site development plans will also be exempted, at the election of the applicant, but only where the amendments are considered an insubstantial change per section 3.3.7. For this subsection, "commencement of construction" means the physical act of constructing or installing on or in the property substantial infrasmacture as approved in the final approval of the site development plan. Where this paragraph conflicts with any portion of section 1.5.2, this paragraph shall prevail over section 1.5.2. 2.3.16.1. Bicycle parking for commercial developments. Provisions for the safe and secure parking of bicycles shall be furnished at a ratio of five percent of requirements for motor vehicles as set forth in section 2.2.16. but not to exceed a maximum of 15 total bicycle parking spaces. A minimum of two bicycle parking spaces shall be provided. A bicycle parking facility suited to a single bicycle ("parking space") shall be of' a stand-alone inverted-U design measuring a minimum of 36 inches high and 18 inches wide [of 1 1/2 inch Schedule 40 pipe, ASTM F 1083] bent in one piece ('"oike rack") mounted securely to the ground [by a 3/8-inch thick steel base plate, ASTM A 36] so as to secure the bicycle frame and both wheels. Each parking space shall have a minimum of three feet of clearance on all sides of the bike rack. Bicycle spaces shall be surfaced with the same or similar materials approved for the motor vehicle parking lot, lighted and located no greater than 100 feet from the main building entrance. '5. Extraordinary bicycle parking designs which depart from the bike rack standard but are consistent with the development's design theme shall b'e considered by the county architect. Bike racks which function without securing the bicycle tan , or which may be freely reoriented - arc not allowable. (Ord. No. 92-73, § 2; Ord. No. 94-27, § 3, 5-18-94; Ord. No. 95-58, § 3; Ord. No. 96-21, § 3; Ord. No. 99- 6, § 3.B.; Ord. No. 99-46, § 3.B.; Ord. No. 00-8, § 3.C.) Sec. 2.3.17. Off-street loading: specifications. Off-street loading facilities are required by this Code so that vehicles engaged in unloading will not encroach on or interfere with public use of streets and alleys by pedestrians and automotive vehicles and so that adequate space will be available for the unloading and load/ag off the street of goods, materials, or things for delivery or shipping. Off-street loading facilities supplied to meet the needs of one use may not be considered as meeting the needs of another use. Off-street parking facilities may not be used for or counted as meeting off-street loading requirements. 2.3.17.1. When the use ora structure or land or any part thereof is changed to a use requiring off- street loading facilities, the full amount of off-street loading space required shall be supplied and maintained. When any smacture is enlarged or any use extended so that the size of the resulting occupancy requires off-street loading space, the full amount of such space shall be supplied and maintained for the structure or use in its enlarged or extended size. 2.3.17.2. Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space or off-street parking space. Such loading space shall be accessible from the interior of the building it serves and shall be arranged for convenient and safe ingress and egress by motor track and/or trailer combination. (Ord. No. 92-73, § 2; Ord. No. 95-58, § 3) Sec. 2.3.18. Off-street loading: plans required. A plan shall be submitted with every application for a building permit for any use or structure requited to provide off-street loading facilities. The plan shall accurately designate the required off-street loading spaces, access thereto, d/mensions and clearance. (Ord. No. 95-58, § 3) Sec. 2.3.19. Off-street loading: reservation. Areas reserved for required off-street loading in accordance with the requirements of this Code shall not be reduced to [in] area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified or equivalent required off-street loading is provided in accordance with the requirements of this Code. (Ord. No. 95-58, § 3) Sec. 2.3.20. Off-street loading: combined off-street loading. Collective, joint, or combined provisions for off-street loading facilities for two or more buildings or uses may be made, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed, located, and arranged to be usable thereby. (Ord. No. 95-58, § 3) 1611 Sec. 2.3.21. Off-street loading requirements. Off-street loading spaces shall be provided and maintained as follows: 2.3.21.1. Each retail store, warehouse, wholesale establishment, industrial activity, terminal, market, restaurant, funeral home, laundry, dry cleaning establishment, or similar use which has an aggregate floor area of: Square Feet Number of Spaces 5,000 but not over 10,000 1 l 0,000 but not over 20,000 2 20,000 but not over 50,000 3 Plus one additional off-street loading space for each additional 25,000 square feet over 50,000 square feet or major fraction thereof. 2.3.21.2. For each multiple-family dwelling facility having at least 20 dwelling units but not over 50 dwelling units: one space. For each multiple-family dwelling facility having over 50 dwelling units: one space, plus one space for each additional 50 dwelling units, or major fraction thereof. 2.3.21.3. For each auditorium, convention hall, exiu'oition hall, museum~ hotel or motel, office building, sports arena or stadium, two or more buildings or uses may be permitted to combine their off-street loading facilities, provided that such off-street loading facilities meet the requirements of this Code, are equal in size and capacity to the combined requirements of the several buildings or uses, and are designed, located, and arranged to be usable thereby; hospitals, sanitariums, welfare institutions, or similar uses which have an aggregate gross floor area of: over 5,000 square feet, but not over 20,000 square feet: one space; plus for each additional 25,000 square feet (over 20,000 square feet) or major fraction thereof: one space. 2.3.21.4. For facilities in section 2.3.21 not of sufficient size to meet the minimum requirements set forth therein, each such facility shall provide off-street loading on the property, in accorclanee with section 2.3.21, to insure that no deliveries or shipments of goods or products will require the use, however temporary, of any public right-of-way or required off-street parking space for the parking of a delivery vehicle. 2.3.21.5. For any use not specifically mentioned, the requirements for off-street loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply. 2.3.ta)21.6 Minimum loading space size. Each loading space shall be a minimum often feet by 20 feet in size. (Ord. No. 92-73, § 2; Ord. No. 94-58, § 3; Ord. No. 95-58, § 3; Ord. No. 96-21, § 3; Ord. No. 96-35, § 2) Sec. 2.3.22. Off-street parking spaces required for disabled persons. 2.3.22.2.1. Any business, firm, corporation, person, or other entity, which operates or maintains a building which is used by the public or to which the public has access shall provide specially designed and marked motor vehicle parking spaces for the exclusive use of 2.3.22.2. physically disabled persons, in accordance with the Americans with Disabilities Act (ADA) of 1990. Theses guidelines are to be applied during the design, cons~'uction and alteration of buildings and facilities covered by Titles II and IH of the ADA to the extent required by regulations issued by federal agencies, including the Department of Justice and the Department of Transportatiun under the ADA. A parking lot servicing any building or entrance pathway to a building shall have a number of level parking spaces, as set forth in the following table, identified by abovegrade signs, as being reserved for physically disabled persons: Total Spaces in Lot Required Number of Reserved Spaces Up to 25 1 26 to 50 2 51 to75 3 76to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total 1001 and over 20 plus ! for each I00 over : 1,000 2.3.22.3. Parking spaces provided for the exclusive use of physically disabled persons serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible route of travel from adjacent parking to an accessible entrance. In parking fa. citifies that do not serve a particular building, parking shall be located on the shortest accessible pedestrian enmmce of the parking facility. In buildings with multiple accessible entrances with adjacent parking, parking spaces shall be dispersed and located closest to the accessfole entrances. 2.3.22.3.1. 2.3.22.3.2. All spaces shall have accessibility to a curb ramp or curb cut, when necessary to allow access to the building served, and shall be located so that users will not be compelled to wheel behind parked vehicles. Diagonal or perpendicular parking spaces shall be a minimum of 12 feet wide by 18 feet long and provide a 5 foot wide by 18 foot long passenger loading zone adjacent and parallel to the parking space. 2.3.22.3.3. Each such parking space shall be conspicuously outlined in blue paint, and shall be posted and maintained with a permanent, above-grade sign, bearing the internationally accepted wheelchair symbol of accessibility or the caption "PARKING BY DISABLED PERMIT ONLY," or bearing both such symbol and caption. All handicapped parking spaces must be signed and marked in accordance with the standards adopted by the Department of Trausportation. (Ord. No. 92-73, § 2; Ord. No. 95-58, § 3) See. 2.3.23. Reserved. Editors Note: Ord. No. 98-63, § 3.A, adopted June 24, 1998, repealed § 2.3.23, which pertained to standards for parking within the Immokalee Ce.ntral Business District. See the Land Development Code Comparative Table. Sec. 2.3.24. Reserved. Editors Note: Ord. No. 99-46, § 3.B, adopted June 16, 1999, repealed § 2.3.24 in its entirety. 16 !1 TM Formerly, said section pertained to standards for parking wi~n the Marco Lake Drive Business District (MLDBD). See the Land Development Code Comparative Table. 1611 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:124.34.13. 2.3.5. LDC PAGE: LDC SECTION: LDC SUPPLEMENT: Supplement 15 CHANGE: REASON: See above. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Cycle 3, 2003 Renumbering the section based on a scrivener's error. None. None. None Amend the LDC as follows: Sec. 2.3.5. Passenger vehicle parking in conjunction with residential structures. 2.3.5.1. Purpose and intent. It is the intent and purpose of this section to limit the number of vehicles that may be parked on a property and to prohibit the parking of vehicles in areas of a lot not specifically designated for such use. These regulations shall apply to all passenger vehicle parking activities or storage of passenger vehicles in connection with residential structures which are located on property designated as mixed use urban residential on the future land use map of the growth management plan in effect as of the effective date of this ordinance and which are zoned or used for residential uses. The parking or storage of vehicles in connection with the residential dwelling units which the parking activities are ancillary and accessory to shall be regulated as set forth below. 2.2.5.1, 2.3.5.2. Definitions. For purposes of this section, a passenger vehicle shall be defined as a car, pickup track, motorcycle, van, sports utihty vehicle or the like, used primarily for personal transportation and the transportation of others but which is not for hire or used for commercial or recreational purposes. 1611 2.2.5.2. 2.3.5.3. Single family dwelling units. The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the residential dwelling unit together with any attached or detached garage or carport. 1. Vehicles shall be parked or stored on the fi:om or side yards on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. 2. The specifically designated area shall not exceed 40 percent of the required front yard. For properties with more than one fi:ont yard, the maximum allowable area shall be calculated using one front yard. The total allowable area shall not exceed 40 percent of the larger or largest front yard as the case may be. 3. If the application of these regulations results in the maximum allowable width of the treated surface area being less than twenty (20) feet, then notwithstanding the above requirements, the driveway may be constructed at a maximum width of twenty (20) feet. 4. Access to any lot shall only be made fi:om a driveway having an approved right- of-way permit. No access is allowed through or across another lot, whether the lot is improved or unimproved. 2.2.5.2..2.3.5.4. Two family dwelling units: The following requirements shall apply to those vehicles parked or stored outside of an .enclosed structure including the dwelling unit together with an attached or detached garage or carport: 1. Vehicles shall be parked or stored on the front or side yard on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. 2. The specifically designated area shall not exceed 50 percent of the required fi:om yard. For properties with more than one front yard, the maximum allowable area shall be calculated using one front yard. The total allowable area shall not exceed 50 percent of the larger or largest front yard as the case may be. A driveway may be provided on each side of the two family or larger dwelling unit. 4. If the application of these regulations results in the maximum allowable width of the treated surface area being less than 20 feet, then notwithstanding the above requirements, the driveway may be constructed at a maximum width of 20 feet.. 5. Access to any lot shall only be made from a driveway having an approved right- of-way permit. No access is allowed through or across another lot, whether the lot is improved or unimproved. 2.2.5.4. 2.3.5.5. Multiple family dwelling units (i.e. 3 or more dwelling units except for garden apartments as defined in section 6.3. of this Code). The following requirements .shall apply to those vehicles parked or stored outside of an enclosed structure including the dwelling unit together with an attached or detached garage or carport: 1. Vehicles shall be located on the front or side yard on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. 2. Parking areas provided in excess of the minimum parking space requirements of this code shall be clearly delineated by permanent markings on the surface. Those parking areas in excess of the minimum code requirements, shall not exceed a ratio of more than 2.0 spaces per dwelling unit. 3. Access to any lot shall only be made from a driveway having an approved fight- of-way permit. No access is allowed through or across another lot~ unless the access is through an improved, shared driveway or drive aisle designed to facilitate continuous access and intercormecfivity between improved properties. 2.2.5.5, 2.3.5.6. Single family attached dwelling units. Where structures consist of single family attached (i.e. row houses) dwelling units, each with its own driveway to a common accessway, or public or private street, then all parking areas shall be limited to a designated driveway or driveway and garage combination. 2.3.5.~...2..3.5.7. Vehicle ownership requirements. Vehicles parked and/or stored in connection with residential dwelling units as described above shall be owned or leased by the occupants of the dwelling units or their guests. Vehicles owned by a firm, corporation or entity for which the dwelling unit occupant is employed are exempt from this requirement. This provision shall not be construed to apply to vehicles owned by persons or business firms visiting the site for social or business purposes. 2.2.5.7. 2.3.5.8. Parking in rights-of-way. Vehicles may not be parked or stored upon that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. 2.2.5.8, 2.3.5.9. Nonconformities. Nonconforming lots, tracts or parcels of land that were otherwise lawful prior to the effective date of this ordinance shall comply with this ordinance within 90 days of its effective date. (Ord. No. 02-3, § 3.C.; Ord. No. 02-45, § 3.A. ORIGIN: AUTHOR: 1611 Commtmity Development and Environmental Services Division Michael J. DeRuntz DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:134 2003 Cycle 3 LDC SECTION: 2.3.21.4 LDC SUPPLEMENT #: CHANGE: REASON: Supplement 4 Restructuring the existing language for clarification The modification will add clarity to the existing off-street loading requirements FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: 2.3.21.4. For facilities fin :ecScn 2.3.2 ! not of sufficient size to meet the minimum requirements set forth-lhemia in Section 2.3.21, each such facility shall provide off-street loading on the property for the parking of a delivery vehicle, :m aeccr'~,~nce ':.'i'~ :,ec':c= 2.3.2 !~ to irc'are ensure that no dehveries or shipments of goods or products will require the use, however temporary, of any public right-of-Way or required off-street parking space fcr ORIGIN: AUTHOR: Community Development and Environmental Services Division Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:157 Cycle 3, 2003 LDC SECTION: 2.4.7.2. LDC SUPPLEMENT #: Supplement 11 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereat~er be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: There is currently an amendment in the 2~a Cycle which, if approved, will shorten the time period regarding discontinuance to 60 days. Therefore, this will need to be revised to reflect that new time period if applicable. Amend the LDC as follows: 2.4.7.2. Applicability. The buffering and screening shown in table 2.4 shall be required under this section and shall apply to all new development. Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or there has been a discontinuance of use for a period of 90 consecutive days or more and a request for an occupational license to resume business is made. Where a property adjacent to the proposed use is: (1) undeveloped, (2) undeveloped but permitted without the required buffering and screening required pursuant to this Code, or (3) developed without the buffeting and screening required pursuant to this Code, the proposed use shall be required to install the more opaque buffer as provided · 1611 for in table 2.4. Where prop~ adjacent to the proposed use has provided the more opaque buffer as provided for in table 2.4, the proposed use shall install a type A buffer. Where the incorporation of existing native vegetation in landscape buffers is determined as being equivalent to or in excess of the intent of this Code, the planning services director may waive the planting requirements of this section. Buffering and landscaping between similar residential land uses may be incorporated into the yards of individual lots or tracts without the mandatory creation of separate tracts. If buffering and landscaping is to be located on a lot, it shall be shown as an easement for buffeting and landscaping. The buffering and screening provisions of this Code shall be applicable at the time of planned trait development (PUD), preliminary subdivision plat (PSP), or site development plan (SDP) review, with the installation 'of the buffering and screening required pursuant to section 2.4.3.5. If the applicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final subdivision plat. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the planning services director may require buffering 'and screening the same as for the higher intensity uses between those uses. Landscape buffeting and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles. The planning services director may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code. 1611 ORIGIN: Community Development & Environmental Services Division AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC Cycle 3, 2003 LDC PAGE(S): LDC2:162 LDC SECTION: 2.4.7.5. LDC SUPPLEMENT #: Supplement 11 CHANGE: Incorporate the "Construction Standards Handbook for Work Within the Public Rights-of-Way Collier County, Florida" into the Land Development Code. Adoption of this document will replace some of thc sections of the Collier County Streetscape Master Plan; reference to this document will be updated as well. REASON: The "Construction Smudards Handbook for Work Within the Public Rights- of-Way Collier County, Florida" has been created and it supercedes portions of the Collier County Streetscape Master Plan. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: The language contained in the amendment proposal below that is not underlined is currently being presented in the 2nd Cycle of Amendments. So, if that language is not approved, then this will have to be changed to revert back to the language in Supplement 11. Amend the LDC as follows: 2.4.7.5. "Collier County Streetscape Master Plan ", "Construction Standards Handbook _for Work Y~thin the Public Rights-qf-Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan." Street corridors identified in Section 2 and Figure E. 1 of the "Collier County Streetseape Master Plan~" the "Construction Standards Handbook for Work Within the Public Rights-of- Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan", including areas within the right-of-way and on required buffers adjacent to the right-of-way, shall adhere to the requirements of~: "C~mc- Ccun~' o+-~+ ..... x~..+~, o, .... ,.~a 1611 documents. Notwithstanding the above, for required landscape buffers adjacent to any fight- of-way, the requirements of Section 2 and Figure E. 1 of the "Collier County Streetscape Master Plan", the "Construction Standards Handbook for Work Within the Public Rights-of Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan" shall apply at the time of issuance of any related subsequem development order including construction plans attendant to the approval of a final plat an~or a final site development plan. Where the application of said Master Plan standards and requirements is questioned, an official interpretation of the planning services director pursuant to section 1.6.1 of the Collier County Land Development Code may be requested. Further, the interpretation of the pl~ning services director may be appealed to the board of zoning appeals as prescribed by section 1.6.6 of the Land Development Code. ORIGIN: Community Development & Environmental Services Division AUTHOR: John Kelly DEPARTMENT: Planning Services LDC PAGE: LDC2:169 LDC SECTION: 2.5.5.2.3. Real estate signs (Commercial) LDC SUPPLEMENT #: Supplement 13 CHANGE: No regulatory change - realign and adjust text. REASON: To make this subsection more understandable and clarify intent. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: 2.5.5.2.3. Real estate s : As de ned The ........ ~ ~-~, ...................... shall be permitted in non-residential districts subject to the following: --~.-.,°"-+ ,, ..."~ o....-....";--;'"- ground sign with a maximum height of ten feet or wall sign, with a maximin area of twelve square feet in size per street frontage for each parcel, or lot less than One acre in size. (No building permit required.) r,...._.,~.+ ,, ...^' ~...~...~;~';'"' ground sign with a maximum height of ten feet or wall sign, with a maximum 32 square feet in size, per' street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) o~+ ,, ~. ~;~;,.. ground sign with a maximum height of 15 feet or wall sign, with a maximum of 64 square feet~in size, per street frontage for each parcel or lot tn excess acres m s~ze. ~:ammmg'perm~,~]s. requn'eu:; ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services A/VIENDlVIENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:170 LDC SECTION: 2.5.5.2.5.1.1. LDC SUPPLEMENT #: Supplement 13 CHANGE: REASON: Establishing a variance procedure for lots with less than 150 feet of road frontage. There are many businesses that currently exist and are not allowed signs when it is appropriate for them to have one. FISCAL & OPERATIONAL IMPACTS: There does not appear to be a fiscal impact of the proposal. RELATED CODES OR REGULATIONS: 2.5 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.5.5.2.5.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no ease shall the number of pole or ground signs exceed two per street frontage. In addition, multiple-occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street. When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. 2.5.5.2.5.1.1. Variance. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 100 - 149.9 feet on a public street, or combined public street frontage of 150 feet or more for comer lots, may apply for a variance to request a ground sign. All usual variance application fees will apply. If the Board of County Commissioners approves a variance, a ground sign may be erected upon issuance of a valid permit after the following. requirements are complied with: a) the ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure; b) the maximum allowable sign area is 32 square feet; c) such sign shall not be located closer than 15 feet from any property line; d) the sign shall provide a solid pole cover no less than 50 percent of the width of the sign, with architectural design features and colors common to those used for the main structure, lattice not being a sufficient pole cover; e) a minimum 100 square foot planting area shall be provided around the base of the sign; f) all other uniform criteria for pole or ground si.mas shall be met; g) the street address for the building shall be displayed in numerals at least. 6 inches high on the sign; and h) no other free-standing or directional signs will be allowed on the same site. 2.5.5.2.5. !. i~ 2.5.5.2.5.1.2. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The planning services director's decision to reduce the required setback shall be based on the following: a) Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; b) c) d) Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required minimum required setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or, The extent of the reduction is the minimum mount necessary to provide relief from the applicable conditions cited above. ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: 2.6.33. LDC SUPPLEMENT #: 16 !1 '" Community Development and Environmental Services Division Russell Webb Planning Services LDC2:217 Supplement 13 CHANGE: Addition of 2.6.33.10 REASON: Staff feels that the a provision should be adopted to address signs intended to inform the public as to new businesses in the area. The consensus view is that the public interest in being made aware of new businesses in the area overrides any minimal impacts on aesthetics. FISCAL & OPERATIONAL IMPACTS: The fees collected for the temporary use permit will most likely be offset by the revenue used to police these signs. Therefore, the impact should be minimal or non-existent RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: ? OTHER NOTES: None. Amend the LDC as follows: 2.6.33.10. "Coming soon signs." A temporary use permit may be granted, at the discretion o the planning services director, for a "coming soon" sign located within a non residential district. This sign must not exceed 32 square feet and the temporary permit number must be ~laced at the base~o~ the sign not !~.ess t~ one-half inch fi:on- -w~e~e~{~oee~...s;g~! The non-readable fees for ~s tempor~ use pem~t be c~culmed by ~e bo~d ofco~W commissioners ~d ~e sub, eot to change. .A "comi_'ng soon" sign is defined as a ground sign used .~ ~rm thep~klic of th,: ~ntry,o(~ new business within a six-month time neriod ~'. ~:}~ii~:i?a~;~';~i~'~"i. ORIGIN: AUTHOR: Russell Webb/Cheryl Soter DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC 2:228.1 LDC PAGE: LDC SECTION: 16/1 Community Development and Environmental Services Division Cycle 3, 2003 Division 2.6 Supplemental District Regulations LDC SUPPLEMENT #: Supplement 14 CHANGE: Revise language to clarify criterion for permitting a secondary kitchen REASON: The current language needs to be revised to further clarify the criteria used to permit a secondary kitchen. Additionally, we are amending Division 6, Definitions to create a definition for Kitchen, Secondary to further support application of this section of the code. :--FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Recommending amendment to Division 6, Definitions to add definition for Kitchen, Secondary GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the LDC as follows: Sec. 2.6.37. Kitchens in dwelling units. A dwelling unit containing less than 2,500 square feet of living area shall be limited to one primary kitcheh. A dwelling unit containing 2,500 square feet of living area, or greater, may have a secondary_ kitchen pr/maD' ~'2tcken provided all rooms are internally accessible and the secondary_ kitchen is only accessible through the main dwelling unit. (Ord. No. 92-73, § 2) ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:248.3-248.5 LDC SECTION: 2.7.3.5. LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding a subsection to address addition of educational or ancillary plants without subjecting the entire PUD to review. REASON: The County has identified the need to allow schools various deviations and is proposing the following amendment to effectuate that purpose. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.7.3.5. Changes and amendments. 2.7.3.5.1. Substantial/insubstantial changes. Any substantial change(s) to an approved PUD master plan shall require the review and recommendation of the planning commission and approval by the board of county commissioners prior to implementation. Any insubstantial change(s) to an approved PUD master plan shall require approval by the planning commission. For the purpose of this section, a substantial change shall be deemed to exist where: 1. There is a proposed change in the boundary of the PUD; or 2. There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; or 2.7.3.5.2. There is a proposed decrease-in preservation, conservation, recreation or open space areas within the development not to exceed five percent of the total acreage previously designated as such, or five acres in area; or There is a proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; or There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; or The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the . Institute of Transportation Engineers; or 7. The change will result in a requirement for increased storrnwater retention, or will otherwise increase stormwater discharges; or 8. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; or Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; or 10. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion ofF.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under section 2.7.3.5.4 or section 2.7.3.5.6 of this Code; or I1. Any modification to the PUD master plau or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under section[s] 2.7.3.5.1.1 through 2.7.3.5.1.9; or [sic] Procedure for substantial/insubstantial change determination. The applicant shall provide the planning services department director documentation which adequately describes the proposed changes along with the appropriate review fee prior to review by the planning commission. The PUD 2.7.3.5.3. 2.7.3.5.4. 2.7.3.5.5. 2.7.3.5.6. master plan map shall show all data normally required for submittal of a PUD master plan unless it is otherwise determined not to be necessary, describing the proposed changes in: land use; densities; infrastructure; open space, preservation- or conservation areas; area of building square footage proposed for nonresidential development; change in potential intensity of land use and related automobile trip movements, and relationships to abutting land uses. In addition, the applicant, for evaluation of PUD master plan revisions, shall provide a detailed written narrative describing all of the change(s) and the reasons for the request. Upon receipt of the amended PUD master plan, the planning services department director shall review said plan against criteria established within section 2.7.3.5.1 above and may forward the plan to any other agency, division or authority deemed necessary for review and comment. Substantial changes procedures. Changes, as identified in section 2.7.3.5.1, shall be considered substantial changes to the approved PUD master plan, and the applicant shall be required to submit and process a new application complete with pertinent supporting data, as set forth in section[s] 2.7.3.1 and 2.7.3.2. Insubstantial changes procedures. Any insubstantial change(s) to an approved PUD master plan based upon an evaluation of subsection 2.7.3.5.1 shall require the review and approval of the planning commission based on the findings and criteria used for original applications as an action taken at a regularly scheduled meeting. Language changes. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas. Minor changes not otherWise provided for. It shall be understood that, while a PUD is required to describe and provide for infi'astructure, intended land use types, approximate acreages of internal development tracts, and compatibility with adjacent land uses, minor changes may become necessary during the subdivision or site development plan review processes. The planning services director shall also be authorized to allow minor changes to the pUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is othemrise consistent with the provisions of this code and the growth management plan. Such changes shall include: 1. Internal realignment of rights-of-way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. 2. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. 1611 3. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the environmental advisory board where applicable. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the planning services department director's consideration for approval. 2.7.3.5.7. Educational and Ancillary Plants exception. When a PUD is amended for the sole purpose of adding an educational and/or ancillary plant, that PUD will not be subject to the review process outlined in Section 2.7.3.5. The review conducted will be limited to the impacts that the educational or ancillary plant will have on the surrounding uses. ORIGIN: AUTHOR: 1611 Community Development and Environmental Services Division Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: LDC2:251 2.7.4.9. Supplement 15 REASON: Cycle 3, 2003 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 3.2.7. None. Amend the LDC as follows: 2.7.4.9. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat (fc:-,er!;, .... ~"~:--;-; ..... +~ --'-~ ................... r--v or final subdivision plat or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of division 3.3, site development plan approval, as applicable, and all other zoning requirements. ,' 1611 ORIGIN: Community Development and Environmental Services AUTHOR: Thomas E. Kuck, P.E., John R. Houldsworth, Senior Engineer DEPARTMENT: Engineering Review Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:6' LDC SECTION: 3.2.3. Applicability LDC SUPPLEMENT #: Original text CHANGE: Add language to clarify platting requirements. REASON: Clarity; it is not stated specifically within the Code that platting is required when subdividing property. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Chapter 177, Florida Statutes GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: Sec. 3.2.3 Applicability. This division shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided in section 3.2.4. All divisions of land wkieh meet the definition of"subdivision" shall require the filing of a subdivision plat in accordance with the requirements within Division 3.2 and Chapter 177 of the Florida Statutes. ORIGIN: AUTHOR: Community Development and Environmental Services Division Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:13 LDC SECTION: 3.2.6.2. LDC SUPPLEMENT #: CHANGE: Cycle 3, 2003 Supplement 10 REASON: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 3.2.7. None. Amend the LDC as follows: 3.2.6.2. Procedures for preliminary subdivision plat. 3.2.6.2.1. Optional The preliminary subdivision plat process is not mandatory, but an option that may be exercised by the applicant upon the effective date &this ordinance. All preliminary subdivision plats that were submitted or approved prior to the effective date of this ordinance are not optional and must proceed in accordance with the procedures outlined for a preliminary subdivision plat. Also, nothing in this section will be construed to affect the mandatory nature of a final subdivision plat. 2.2.4.2.1. 3.2.6.2.2. Initiation. In order to initiate an application for a preliminary subdivision plat, the applicant shall prepare and submit to the development services director a preliminary subdivision plat which meets the requirements contained in section 3.2.7. 3.2.5.2.2. 3.2.6.2.3. Review and determination of approval, approval with conditions, or denial by development services director. A~er receipt of a completed preliminary subdivision plat, the development .services director shall review and 'evaluate the preliminary subdivision plat in conformance with the preliminary subdivision plat requirements established in section 3.2.7. Based on the review and evaluation, the development services director shall approve, approve with conditions, or deny the preliminary subdivision plat. The decision to approve with conditions, or deny the preliminary subdivision plat may be appealed to the board of county commissioners pursuant to the provisions of section 1.6.6. of this Code. If the development services director should deny or place conditions on the preliminary subdivision plat, he shall state in writing reasons for such denial or conditions, and shall cite the applicable code or regulatory basis for the conditions or denial. Said determination may be appealed to the county board of commissioners. .~~,~'~· '~ · ~ .-.'~ ..~ .3.2.6.2.4. Reserved. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning SerVices · AME~MENT CYCLE # OR DATE: 1611 ' Community Development and Environmental Services Division LDC3:18 3.2.6.3.5. Supplement 13 LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: REASON: Cycle 3, 2003 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 3.2.7. None. Amend the LDC as follows: 3.2.6.3.5. Relationship and amendments to preliminary subdivision plat. The improvement plans and final subdivision plat shall be consistent with the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plaL Any amendment to the approved preliminary subdivision plat desired by the applicant shall be reviewed and determined to be acceptable by the development services director prior to the processing of the improvement plans and f'mal subdivision plat. The development services director shall have the authority to approve amendments to the approved preliminary subdivision plat provided those amendments are based on generally accepted, sound, professional engineering principles and practices in the state. Requests for amendments shall be in writing in the form of an amended preliminary subdivision plat and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering services in the state to substantiate the amendment requested. 1611 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC 3:25-3:30.1 Cycle 3, 2003 LDC SECTION: 3.2.7. LDC SUPPLEMENT #: CHANGE: REASON: Supplement 11 Revising the section to make it clear that the PSP process is now optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Various throughout the code. None. Amend the LDC as follows: Sec. 3.2.7. Preliminary subdivision plat. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements. The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process. 3.2.7.1. Prefiminary subdivision plat submission requirements. A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the development services director and shall, at a minimnm, include ten copies of the preliminary subdivision plat unless otherwise specified by the development services director. The preliminary subdivision plat shall be prepared by the applieant's engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the 3.2.7.1.1. 3.2.7.1.2. 3.2.7.1.3. 3.2.7.1.4. 3.2.7.1.5. 3.2.7.1.6. 1611 preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable to the development. Provisions shall be made for placement of all utilities underground, where possible. Exceptions for overhead installations may be considered upon submission of sound justification documenting the need for such installation. The preliminary subdivision plat shall include or provide, at a minimum, the following information and materials: A preliminary subdivision plat shall consist of a series of mapped information sheets on only standard size 24-inch by 36-inch sheets to include, but not be limited to, the following: 1. Cover map sheet; 2. Boundary and topographic survey; 3. Preliminary subdivision plat with right-of-way and lot configurations; 4. Natural features and vegetative cover map; for proposed site alteration(s) within the coastal zone, vegetative cover map shall also comply with section 3.12.5; 5. Master utilities and water management (drainage) plans; 6. Aerial map; 7. Standard right-of-way cross sections and appropriate design details. The above mapped information may be combined on one or more maps if determined appropriate by the development services director. Name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated or unincorporated area of Collier County. A vicinity plan showing the location of the tract in reference to other areas of the county. North arrow, graphic scale and date. Name, address and telephone number of the developer, along with the name and address of the registered engineer and registered surveyor responsible for the plat and supporting data. The location and names of adjacent subdivisions, if any, and plat book and page reference. 3.2.7.1.7. 3.2.7.1.8. 3.2.7.1.9. 3.2.7.1.10. 3.2.7.1.11. 3.2.7.1.12. 3.2.7.1.13. 3.2.7.1.14. 3.2.7.1.15. 3.2.7.1.16. 3.2.7.1.17. 3.2.7.1.18. The tract boundary with bearings and distances, along with written description and location relatiVe to section comers. Topographical conditions on the tract including all the existing watercourses, drainage ditches and bodies of water, marshes, wetlands, possible archaeological sites and other significant features. All existing streets and alleys of record on or adjacent to the tract including name, fight-of-way width, street 6r pavement width and established centerline elevation. Existing streets shall be dimensioned to the tract boundary. All existing property lines, easements and rights-of-way of record, their purpose, and their effect on the property to be subdivided. The location and width of all proposed streets, alleys, rights-of-way, easements and their purpose along with the proposed layout of the lots and blocks. Proposed street names shall be identified on all public or private thorough-fares. Typical fight-of-way and pavement cross sections shall be graphically illustrated on the preliminary subdivision plat, showing the location of sidewalks, bikepaths and utilities. If not previously determined during the rezoning process, it shall be determined whether the streets are to be public or private. The incorporation and compatible development of present and future streets as shown on the traffic circulation element of the Collier County growth management plan, when such present or future streets are affected by the proposed subdivision. Access points to collector and arterial streets showing their compliance to the requirements established by this division or a zoning action previously approved by the board of county commissioners. Ground elevations based on the NGVD. However, information pursuant to section 3.2.7.1.8 may suffice for this information requirement where spot elevations have been provided in sufficient number and distribution on a boundary survey map. All existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be subdivided. Generalized statement of subsurface conditions on the property, location and results of tests made to ascertain subsurface soil conditions and groundwater depth. Zoning classification of the tract and all contiguous properties, and, if applicable, a reference to the planned unit development or zoning ordinance, by project name and ordinance number, shall be shown. Utilities such as telephone, power, water, sewer, gas, and the like, on or adjacent to the tract including existing or proposed water and sewage treatment plants. The preliminary subdivision plat shall contain a statement that all utility services shall be ....... 1611 available and have been coord~ated with all required utilities. Evidence of such utility availability shall be provided in writing from each utility proposed to service the subdivision. 3.2.7.1.19. Sites proposed for parks, recreational areas, and school sites or the like in accordance with any existing ordinances requiring such a dedication. 3.2.7.1.20. Typical lot configurations shall .be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. Such illustrations shall show a typical dwelling unit meeting required setbacks for a typical lot. Setbacks required by the approved zoning classification shall be provided verbatim on the plan in matrix form. Where more than one type of dwelling unit (e.g., single-family detached, single-family attached, zero lot line) is planned, lots must be linked to the type, or types, of unit which they are intended to accommodate. Lot areas and lot dimensions may be shown on a legend as opposed to notation on each lot. 3.2.7.1.21 . An environmental impact statement pursuant to division 8.3 [3.8] of this Code, except that the applicant may request an administrative waiver of this provision where it is apparent that no environmental degradation will result from the development of the land or where a prior environmental impact assessment was prepared for the same area of land within five years fi.om the date of submission of the preliminary subdivision plat. 3.2.7.1.22. Locations of all wetlands, archaeological sites, endangered or threatened species, on the parcel. The following natural feature map shall be provided, as required, based on the nature of the property in question: 3.2.7.1.22.1. A map of all wetland area locations as delineated by all agencies having jurisdiction over such wetlands 3.2.7.1.22.2. A map of all archaeological site locations as delineated by a professional archaeologist, a regulatory agency or a state-recognized archaeological group. 3.2.7.1.22.3. A map of all locations of other natural features as required by [the] development services director or any other regulatory agency having jurisdiction over such features. 3.2.7.1.22.4. A map of all locations of colonies, burrows and nest trees of all endangered, threatened, or species of special concern. Such map shall be based upon delineation criteria oft he appropriate governmental or regulatory agencies for such species. 3.2.7.1.23. 3.2.7.1.24. The location of buffered areas required by subsection 3.2.8.3.4 shall be illustrated and dimensioned if appropriate at this time. A subdivision that generates 1,000 ADT (average daily trips) or 150 vehicles per hour, peak hour/peak season shall submit a traffic impact analysis. The traffic impact analysis shall be prepared by an engineer and shall be used to determine the number 1611 i of lanes and capacity of the street system proposed or affected by the development, based on ultimate permitted development. 3.2.7.1.25. A master water management plan outlining the existing and proposed surface watercourses and their principal tributary drainage facilities needed for proper drainage, water management and development of the subdivision. The master water management plan for projects that are 40 acres or less shall consist of a plan and report with preliminary design calculations indicating the method of drainage, existing water elevations, recurring high water elevations, the proposed design water elevations, drainage structures, canals, ditches, delineated wetlands, and any other pertinent information pertaining to the control of storm and ground water. For projects that are greater than 40 acres, a South Florida Water Management District conceptual permit submittal or staff report with plan, or above equivalent, shall be required. The master water management plan and data submitted shall be consistent with the "content of application" submissions required by the South Florida Water Management District (see Rule 40E, F.A.C., as amended). In cases where modifications or improvements are not planned for existing major watercourses and their principal tributary drainage facilities, this requirement may be accomplished by so indicating on the preliminary subdivision plat. ORIGIN: AUTHOR: 1611 Community Development and Environmental Services Division Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:32 LDC SECTION: 3.2.8.2.3. LDC SUPPLEMENT #: CHANGE: Cycle 3, 2003 Supplement 15 REASON: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort cun'ently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 3.2.7. None. Amend the LDC as follows: 3.2.8.2.3. A detailed water management plan in accordance with the master water management plan approved in the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, showing the complete water management system including, but not limited to, closed drainage areas, design high water, recurring high water, acreage, a complete lot grading plan with final grading elevations, surface runoff flow patterns, and companion drainage easements consistent with the final subdivision plat pursuant to section 3.2.9 to be utilized by the applicant, his successors or assigns during the building permitting and site improvement process for all lots consistent with the Collier County building Code, and the compatibility of drainage of surface waters into adjacent or larger water management systems. If the applicant chooses not to submit a preliminary subdivision plat, the information requested must sill be included on the final subdivision plat. The complete calculations used to design the system shall be.provided for projects 40 acres or less. For projects greater than 40 acres or where the water management system will utilize wetlands for water management, the applicant i provide with the submission the SFWMD construction permit submittal. Prior to approval the applicant shall provide the staff report and early work permit or construction permit. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: REASON: Community Development and Environmental Services Division LDC3:33 3.2.8.2.14. Supplement 15 Cycle 3, 2003 Adding language to reflect that the preliminary subdivision plat (PSP) process will herealter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 3.2.7. None. Amend the LDC as follows: 3.2.8.2.14. The final subdivision plat, prepared in conformance with the approved preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, and the final subdivision plat requirements contained in section 3.2.9, pursuant to the provisions of section 3.2.6.3.2. ORIGIN: AUTHOR: Community Developmem and Environmental Sendces Di i Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:34.3 LDC SECTION: 3.2.8.3.8. LDC SUPPLEMENT #: CHANGE: Cycle 3, 2003 Supplement 15 REASON: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 3.2.7. None. Amend the LDC as follows: 3.2.8.3.8. Easements. If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat, if the applicant chooses to submit the optional preliminary subdivision plat, and dedicated on the final subdivision plat. If the preliminary subdivision plat is not submitted, then the easements need .to be identified and dedicated on the final subdivision plat. O~G~: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE it OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:39 LDC SECTION: 3.2.8.3.19. LDC SUPPLEMENT #: Supplement 11 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.3.19. Street names, markers and traffic control devices. Street name markers and traffic control devices shall be provided by the developer at intersections and locations ~g'~fl~'sigil-ee for all affected streets, whether the streets are existing or proposed. Such markers and traffic control devices shall be installed and constructed by the applicant to the applicant's engineer's specifications approved by the development services director for private streets or in conformance with standards and recommendations set forth in the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices for nublic streets The de;'~' ..... * -~---,;~- . ':,r,,;.~.::(:~r?~..~::,;,:~ -.~. :. -~rxr~m ¢~ ~ ..... F:'m .... ~ · ~-~. ........ ~' ~avl~av~ ~-,~ · a~v~ direet~ ~i~arislaOg~ition:~¢~,n,.q~i/~o,i~oii~s:;.qi~sl~ee. . . . . shall accept altemafive specifications on public streets signage where an acceptable maintenance agreement has been provided. Alternate specifications for private street signage where a property owners' association or other entity has maintenance responsibility shall, be ~proved by the ...... v ...................... . Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. All street names shall have a suffix (i.e., street, avenue, boulevard, drive, place, court, etc.) and in no case, except as indicated in the preceding sentence, shall the name of the proposed street duplicate or be phonetically similar to [an] existing street name regardless of the use of the suffix. All street names shall be subject to approval by the...s .... · *~--.v-----~ .... * ~...~-':~....~........~.v.'~;-~"*~- CDES Operations Director or his designee during the preliminary subdivision plat approval process or on the final subdivision plat or the final plat and construction plans if the applicant chooses not to submit the optional preliminary subdivision plat. Pavement painting and striping and/or appropriate reflective edge of public roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Where concrete valley gutters border the edge of pavement and for private roadways, this reqmrement may be waived by the ...... v ....................... ~ransl:~tion ~stramr,~or~s mes~g~ee:: ORIGIN: AUTHOR: Wastewater Department-Reuse Robert Casey DEPARTMENT: Wastewater LDC PAGE: LDC3:42 LDC SECTION: 3.2.8.3.25. LDC SUPPLEMENT #: Supplement 11 CHANGE: REASON: addressed. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: Re-word the section and add language. The original language needs clarification and pipe color-coding needs to be None. None. GROWTH MANAGEMENT PLAN IMPACT: Allows for County provided non-potable irrigation service. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.3.25. Central Al/water system,--eeat~. A complete water distribution and transmission system to include provision for separate potable water and r-eu~e non-potable irrigation water lines, and interim water treatment c-. mt,.~..m..:-.~ '~ water ~-~+--.~-+,. ..... and supply facilities, if required, :h~-21 must be provided or employed by the applicant, at no cost to Collier County for all subdivisions and developments. Non-potable irrigation liBes must be color-coded usim, Pantone Purple 522C p~pe. ~o...we~;?~e~t~pm~m ille ~me{er~fii~J~e.:~'s~ u o' '~,ia~:..~'~'~+ ~meation lines, pumps and appurtenances will not be maintained by Collier County. County potable water will not be permitted for irrigation unless other sources of ~ irrigation water are not permitted or available.. Tiherefore~ the developer will need to provide irrigation water from a source until :'.:'ah .~m.o ~h-~ reu:e :;'aer ma5' ~e avai!abl,~ County provided non- potable irritation water becomes available. All facilities shall be constructed in accordance with federal, state and local regulations. When required, the water distribution and transmission facilities shall be conveyed to Collier County, or the Collier County Water-Sewer District or other dependant district where appropriate, upon completion of construction pursuant to County Ordinance No. 88-76 [Code ch. 134, art. m~, as amended. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:44.2-45 LDC SECTION: 3.2.8.4.7. 1611 Community Development and Enviromental Services Division Cycle 3, 2003 LDC SUPPLEMENT #: CHANGE: REASON: Supplement 13 and I4 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 3.2.7. None. Amend the LDC as follows: 3.2.8.4.7. Easements. Utility easements. Utility easements no less than ten feet wide, unless otherwise approved by the development services director pursuant to section 3.2.7.2, shall be provided to accommodate all required utilities to, across, or along lots and, where possible, shall be centered on lot lines with convenient access for maintenance. Utility easements and drainage easements shall not be combined without prior approval of the development services director; drainage easements shall take precedence and be so noted on the final subdivision plat. All utility easements for water and sewer facilities that will be conveyed to the Collier County Water-Sewer District shall be separately identified and dedicated on the final subdivision plat as "County Utility Easement" (C.U.E.) and shall be a rni~imum of 15 feet wide unless otherwise approved by the Collier County 1611 utility division. Except when crossing other easements, such easements shall not be inconsistent with other existing utility easements, or later subjected to uses inconsistent with the use of the easement area for utility purposes unless otherwise approved by the Collier County utility division pursuant to the conditions in section 3.2.7.2. Drainage easements. Drainage easements shall be provided to accommodate open drainage facilities at a width no less than a total of ten feet. The actual size of the easement in excess of the ten-foot minimum shall be determined based on the hydraulic design of the flowway and the use of bank stabihzation approved by the development services director or minimum side slopes at a four to one ratio, without stabilization. Where underground drainage structures are installed, the easement width shall be sized to accommodate construction, maintenance and replacement of said structures. In no case shall said easement be less than 15 feet in width, unless otherwise approved by the development services director pursuant to section 3.2.7.2. When a subdivision or development includes or requires access across canals, watercourses, water bodies, sU'eams, drainageways, channels, naturally occurring wetlands (that are to be preserved), or the like, a drainage easement and adjoining maintenance/access easement shall be provided which conforms substantially to the lines of such watercourses unless otherwise approved by the development services director pursuant to section 3.2.7.2. Maintenance and access easements for the subdivision's or development's approved water management system shall be created and sized in compliance with the roles and regulations of the South Florida Water Management District, as amended. For canals or waterways maintenance/access easement shall be provided in accordance with requirements of the entity with responsibility for maintenance/access. Drainage easements shall be created to provide for the flow of surface waters from contributory areas. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminaW subdivision plat, shall have a minimum 25-foot setback from the boundary of such protected/preserve area in which no principle structure may be constructed. Further, the preliminary and final subdivision plats,, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the development services director; provided, in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area pursuant to sz~t:on 3.2.$2.4. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them fi:om a platted fight-of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits fi:om the appropriate local, state or federal agencies having jurisdiction and when apphcable pursuant to the requirements and provisions of the growth management plan. All required easements or tracts for protected/preserve areas shall be dedicated and also establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owners' association or similar entity with maintenance responsibilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. Improvement plans. The improvement plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities, and the proposed easement and the proposed facilities. Copies of the improvement plans shall be provided by the applicant to the holder of the easement(s) simultaneously with its submission to the county. The review and approval of improvement plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: REASON: Community Development and Environmental Services Division LDC3:60 3.2.9.1.2. Supplement 15 Cycle 3, 2003 Adding language to reflect that the preliminary subdivisiOn plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 3.2.7. None. Amend the LDC as follows: 3.2.9. I.2. The final subdivision plat shall conform to the approved preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, pursuant to section 3.2.6.3.~5~ The final subdivision plat ':.nfl shall constitute only that portion of the approved preliminary subdivision plat, if applicable, which the applicant proposes to construct within a finite period not to exceed 18 months. The improvements required by this division which apply to the final subdivision plat shall be completed within 18 months from the date of approval of the final plat unless prior to the 18-month construction period, a written request for an extension in time not exceeding one year is applied for and approved by the development services administrator or his designee. The applicant shall enter into a construction and maintenance agreement with the county, in a form acceptable to the coUnty attorney, which establishes the terms and conditions' for the construction and maintenance of the improvements required during the 18-month construction period (unless a written extension request is approved by the development services director 1611 prior to the expiration of the 18-month construction period), whether the final plat is approved only or approved and recorded with the posting of a subdivision performance security. This agreement shall be submitted with the final plat for review and approval and executed by all parties at the time of final plat approval per section 3.2.9.1.3. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:67 LDC SECTION: Division 3.3 Community Development and Environmental Services Division Cycle 3, 2003 LDC SUPPLEMENT #: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Supplement 13 Adding the School Board Review Process ("SBR") to the site development review process of the LDC. The interlocal agreement between the Collier County School Board and the BCC mandates this change. None. None. None. Amend the LDC as follows: DMSION 3.3. SITE DEVELOPMENT PLANS* Sec. 3.3.1. Title and citation. This division shall be known and may be cited as the "Collier County Site Development and Site Improvement Plan Code." (Ord. No. 99-6, § 3.H.) *Editor's note: Ord. No. 99-6, § 3.H, adopted Jan. 27, 1999, mended Division 3.3 in its entirety to read as herein set out. See the Land Development Code Comparative Table. Sec. 3.3.2. Purpose. 1Oil The intent of this division is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This division is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. (Ord. No. 99-6, § 3.H.) Sec. 3.3.3. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this division. The provisions of this division shall not apply to the following land use activities and represents the sole exceptions therefrom: 1) Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at section 2.6.27 (cluster development). 2) Underground construction; utilities, communications and similar underground construction type activities. 3) Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where a site alteration permit is required by this Code. 4) Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 2.6.33. 5) Model homes and sales centers, except as otherwise provided by section 2.6.33. 6) Project entryway signs, walls, gates and guardhouses. While the above land use activities shall be exempt from the provisions of division 3.3, these land use activities are subject to all other provisions of the Land Development Code such as but not limited to landscaping, tree removal, development standards and the submission requirements attendant to obtaining temporary use and building permits. (Ord. No. 99-6, § 3.H.; Ord. No. 00-92, § 3.H.) Sec. 3.3.4. Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development plan review standard contained in section 3.3.5., standard application requirements as described in section 3.3.6., may be waived in part or in full by the planning services director for agriculturally related development as identified in the permitted and accessory uses section of the rural agricultural zoning district; however, a site improvement plan as required by section 3.3.7. addressing the application requirements deemed necessary by the planning services director shall be submitted to the planning department for review and approval. (Ord. No. 99-6, § 3.H.) 3.3.4.1. School Board Review ("$BR") application contents. The SBR application submittal will be in accordance with Division 3.3 of the Code, but will be accorded an expedited process as outlined in the Many_a! for County Consistency and Site Plan Reviews of Educational Facilities and Ancillary Plants, as may be amended by agreement between the Board of County Commissioners and the Collier County School Board. Thi~ document is available in the Records Room of the Community Development and Environmental Services Building. The expedited site plan for School Board Review, as referenced in Section 3. 3.4./.of the Land Development Code, will consist of the following areas of review: 3.3.4.1.1. Collier County Utilities Standards and Procedures, Ordinance No. 01- 57, as may be amended. In accordance with this Ordinance, the following requirements must be met: The portion of the water and/or wastewater system that lies in the public rights-of-way or in County utility easements ("CUE") must be conveyed to the Collier County Water/Sewer District prior to the issuance of the certificate of occupancy... All water and wastewater systems must be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. 3. Division 3.16 of the code designed to protect local government water supply wellfields from land uses that may pollute them is applicable. 4. Off-site improvements must be in accordance with the current update of the Water and Wastewater Master Plan and must include any a,,m'eement necessary to assign the responsibility for the cost of upsizing said water and/or wastewater facilities. The School District will be responsible for all materials and/or real property_ required for the water and/or wastewater s~tem. Any expan,~ion and/or renovations to existing school facilities will require a review by the Collier County Engineering Services Department to determine the need for a change in meter sizing and additional grease traps. 6. South Florida Water Management District (SFWMD) penrdts must be submitted prior to the issuance of an SBR approval. 3.3.4.1.2. Compatibility Review. The County will conduct a Compatibility Review that will take into account the Architectural and Site Design Standards of Division 2.8 of the code in effect at the time a SBR Letter of Compliance is requested. The review will address issues including, but not limited to, the following: compatibility with surrounding uses; complementary patterns of development and mitigation of negative impacts, limited to compatibility issues; external sidewalk~ and pathway connections; lighting; dumpster location and screening; and orientation of buildings and ~cillar~ facilities. The UtiliW Billing and Customer Service ('%rBCS") Department will termine ether there is sufficient space for dumpsters and whether trash collectors can maneuver in the space provided. The Compatibility Review is a courtesy review, with the ..exception of a formal review process required for high school facilities, outlined in Section 3.4.4.2. 3.3.4.1.3. Landscaping and Bu__ffering. Division 2.4 applies to all educational facilities, tmless a deviation is granted. The reasons for deviations are set forth in Section 2.4.3.1.1. of the code, but the deviation shall be in the format required by Section 2.8.2.5. of the code. 3.3.4.1.4. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested apply as follows: 1. County Staff will determine the need for an Environmental Impact Statement ("EIS")to be submitted on a site-by-site basis. 2. The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. Protected Species Surveys and, if needed, wildlife management plan.q according to the code and the GlV[P in effect at the time the SBK Letter of Compliance is issued are required. Also, agency permits are required fi.om the United States Fish and Wildlife Service ("USFWS") and the Florida Fish and Wildlife Conservation Commission ("FFWCC"). A site clearing plan must be submitted showing the native vegetation areas to be preserved and identifying the upland/wetlands preserve or protected species preserves. The School Board must provide a percentage of native vegetation preservation as delineated in the GMP. 6. An Exotic Vegetation Removal and Maintenance Plan must be submitted and approved prior to the final SBR approval. All exotic · vegetation must be removed fi.om the site of an Educational and Ancillary Plant prior to the issuance of a Certificate of Occupancy. 7. All environmental documentation must be submitted prior to a sufficiency determination of an SBR application. If required environmental documents are not submitted, a determination of insufficiency will be made and the formal review process will not commence until the documents are received and the application is deemed sufficient for review. 3.3.4.1.5. All State Fire Code regulations as they relate to the site .plan and in effect at the time that a SBR Letter of Compliance is requested will apply. The School District must submit all building information necessary to determine site requirements including, but not limited to, fire flow requirements and fire sprinkler requirements. 3.3.4.1.6. Collier County Stormwater Management Policies as follows: A Drainage Plan-that is signed and sealed by a Florida Professional En~neer mu,t be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. 2. SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review. Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage easement area when increased capacity is necessary to accommodate the proposed development. 4. All documentation for dedications of easements for drainage, maintenance, and/or access must be provided to the County prior to approval of the SBR. These easements must be approved by the BCC and recorded in the Public Records prior to issuance of the certificate of occupancy. 3.3.4.1.7. As an essential public service, public Educational Plants and Ancillary Plants are subiect to a Capital Improvement Element ("CIE") review for a public facility adequacy analysis. 3.3.4.1.8. Minimum yard setback requirements shall be 50 feet from all property lines for principal structures and 25 feet from all property lines for any accessory structures including portable classrooms. 3.3.4.1.9. Off-Site Impacts. The School District and the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements in coniunction with the determination of the consistency of the site location with the GMP and the code, and will enter into a written agreement at the preapplication stage, as to timing, and location, and the entity or entities responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the following must be taken into consideration: 1611 1. The School District will be responsible for off-site improvement~ necessary to mitigate the off-site impacts of the Educational Plant or Ancillary Plant. The cost will be borne by the School District, unless the County agrees otherwise. However, the School District will not be required pay more than its share of the cost of off-site improvements not necessitated by the addition of Educational Plants or ,~neillary Plants. In other words, if the County would have to construct these off-site improvements regardless of the addition of edueatiovsl facilities, the County would still be accountable for the portion not attributed to the addition of the educational facilities. Off-site improvements include, but are not limited to, the widening of adiacent roadways and the infrastructure of the roadways to accommodate buses (if needed); construction of required deceleration turn lane(s) at. ..ingress and egress points and at any intersections w/thin the immediate vicinity of the school site which are adversely impacted ~. a result of the school site; and any other improvements deemed necessary by the Collier County Transportation Services Division and the Public Utilities Division. o Turn Lanes. The School District will be responsible for mm lane improvements adjacent to and/or in the vicinity of a site, including the. cost and construction of turning lanes. Necessary mm lane improvements must be in place prior to issuance of the first permanent certificate of occupancy. When Collier County Transportation Staff determines that the mm lane improvements are necessary, right-of way and/or compensating right-of-way will be provided in coniunction with the improvements. All turn lane desi..tm~ must conform to the minimum standards set forth in the Florida Department of Transportation ("FDOT") Design Standards as required by Chapter 316, Florida Statutes, as may be amended. The turn lane queue length determinations must be made according to the criteria in Chapter 17 of the Highway Capacity Manual, while giving adequate consideration to the len~h of school buses 3. Sidewalks. The School Board and the County will develop a sidewalk plan which delineates the sidewalk.q that are necessary in and around the proiect to establish a direct connection to an existing network of sidewalks. The School Board must collect funds through school impact fees to provide for the sidewalks listed on the plan and remit them to the County. The Coun _ty will be responsible for the timing, cost, construction, and maintenance of the sidewalks 4. The School District will be responsible for the costs of any and all traffic signal(s) constructed due to the impacts resulting from the o inclasion of an Educational Plant or Ancillary Plant, when it is warranted and approved by Collier County Transportation Staff. When applicable and after installation, inspection, bum-in period, and final approval/acceptance of the traffic signal(s), the signal(s) will be turned over to the County, which will maintain and operate the si~al(s). Reimbursement or "fair share" payments from any adjoining property owner that may benefit from the signal(s) will be determined based upon percentage of use and impact. All traffic control devices and design criteria and all transportation related improvements must conform to the minimum standards set forth in the FDOT Design Standards as required by Chapter 316, Florida Statutes, as may be amended. All traffic speed limit postings must cOnform to the minimum standards set forth in the FDOT Speed Zoning Manual as required by Chapter 316, Florida Statutes, as may be amended. Any off-site improvements constructed by the School District, even though not required by the County, will be subiect to review by the Collier County Transportation staff prior to construction to assure compliance with all County regulations. In the event that the School District proposes expansion of an existing site, Collier County Transportation Staff will make its recommendation as to improvements required to mitigate the off-site transportation impacts, but only as they related to the proposed expansion. 3.3.4.2. School Board Review ("SBR ") process. School Board proiects will be reviewed under the following expedited process: A. The SBR application will be reviewed only as to the criteria set for th in Section 3.3.4.1. B. The SBK application submittal must be in accordance with Division 3.3. of the code, but only as to those submittal requirements that are consistent with the review criteria set out in Section 3.3.4.1. C. The parties will develop a checklist that defines the items to be submitted for a SBR review application. D. Prior to commencing construction or site preparation, the School District must request a pre-application meeting with the County. The County will schedule a pre-apphcation meeting with the School District within three weeks of a request .being submitted to the County_. 1. The County will review the development proposal for compliance with the Letter of Consistency. The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the cost, construction, operation and maintenance of the required off-site improvements. Any requirement that the BCC approve this written agreement at a public hearing is not a prerequisite to the School Board's ability to proceed with any County review that may be required by the code. E. At least 120 days before commencing construction or site preparation, the School Board must submit the SBR plan for the proposed Educational Plant or Ancillary Plant to the County for SBR approval. The County will have 14 days to determine whether the submittal is complete and sufficient. If the application package is not sufficient for review, the County will request additional information from the School District. Once the application package is sufficient, the County will have 90 .days to complete the review and issue a Letter of Compliance. The 90 days may be extended upon agreement of the County and the School District. Once an affirmative decision h~q been rendered, the School District may obtain building permits and commence construction. If the County fails to issue a Letter of Compliance within 90 days after determining the package is sufficient for review, the application is deemed approved. However, if within the 90 days the County denies the application based on non-compliance with the relevant standards of the code, the SBR shall be considered denied and the School District is authorized to pursue an appeal. F. Letter of Compliance. After the expedited review and the County's determination of compliance with the terms of this section, the Planning Services Director, or his designee, shall issue a Letter of Compliance, which shall evidence, the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement as set forth in this section, the Planning Services Director must, at the request of the School District Superintendent's designee, provide the County's determination and the basis of it in writing to the Superintendent's designee. Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the pJsnniug Services Director as described in the Appeals process below. G The parties, agree that the School District will not request reviews and that County review is not requested or required for the following: 1. The placement oftemporarF or portable classroom facilities; or 2. Proposed renovation or construction on existing school sites, with the exception of construction that: a. changes the primary use of a facility; b. includes a stadium; c. results in a greater than five percent increase in K-12 student capacity; or d. encroaches upon the established setbacks as set forth in this Agreement. H. Should the School Board place temporary or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuant to Rule 4A-58, Florida Administrative Code. In addition, the School Board will supply the Public Utilities Division with additional data on temporary_ and portable classroom facilities relative to concurrency issues related to water and sewer capacity and to the proper sizing of water meters and grease traps. No other reviews will be required for temporary_ or portable classroom facilities. I. SBR and Consistency Review Fees. The County will develop a review fee for the process of the SBR and Consistency Review applications submitted by the School Board. The School Board will pay standard County review fees for all other related proiect review services. J. Appeals. In the event that the County denies the application based on non- compliance with relevant standards of this Agreement, or in the event that the Superintendent's designee and the Planning Services Director disagree regarding the interpretation of the code provisions, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and adiustments under the established procedures for this Board. The appeal must be filed in writing with the Planning Services Director and must state the basis for the appeal accompanied by any pertinent information, exhibits and other backup information in support of the appeal. The BCC must hold an advertised public hearing on the appeal and must consider the decision of the Planning Services Director, the position of the School District and public testimony. If the BCC upholds the decision of the Planning Services Director, the School District will then be authorized to pursue any legally available action or remedy to resolve this matter. If the BCC supports the position of the School District, the BCC will direct the Planning Services Director, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the appeal hearing. ORIGIN:~ AUTHOR: Russell Webb DEPARTMENT:. Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:94 Community Development and Environmental Services Division Cycle 3, 2003 LDC SECTION: 3.5.5.1.3. LDC SUPPLEMENT #: Supplement 13 CHANGE: REASON: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.5.5.1.3. Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include SDPs), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that: The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the board after appropriate public hearings. If approved by the board during the rezone ~'~'~ prooess, excavated material in an mount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process. ORIGIN: Community Development and Environmental Services AUTHOR: Susan Mason, Environmental Specialist DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:13 8 LDC SECTION: 3.9.6.6.6. LDC SUPPLEMENT #: Supplement 11 CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Cycle 3, 2003 Clarification of when exotic vegetation removal is required. The current language is open-ended and subject to abuse. None. None. None, Amend the LDC as follows: 3.9.6.6.6. In addition to the other requirements of this division, the applicant shall be required to remove on single-family and two-family lots for all new principal or accessory structures and major any additions to the square footage of any principal or accessory structures, all prohibited exotic vegetation before a certificate of occupancy is granted. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential CVR), and mobile home (MH), prior to issuance of a building permit. ORIGIN: Public initiated AUTHOR: Michael Fernandez DEPARTMENT: AMENDMENT CYCLE # OR DATE: Planning DeVelopment Incorporated Cycle 3, 2003 LDC3:148 3.11.3.4. Supplement 11 LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: 1611 Adding an exemption to the tortoise preserve requirement for certain Activity Center parcels. REASON: another location. These tortoises cannot be moved due to certain diseases that they can transmit to other species, so the way to rectify this problem is to be issued a "Take Permit" and to have the County recognize the validity of the permit. To be able to get a "Take Pemfit" in lieu of moving tortoise burrows to FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.11.3.4. Gopher Tortoise (Gophems polyphemus) (1) All gopher tortoises, their habitats and the associated comensals are hereby protected. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct, any gopher tortoise and to alter, destroy or degrade the functions and values &their natural habitat, unless otherwise provided for in this section. (2) All gopher tortoise burrows are protected and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. 1611 (3) (4) Provision is hereby made to allow personnel authorized by Florida Fish and Wildlife Conservation Commission or Collier County to house and relocate tortoises as necessary and provided for in this section. When gopher tortoises are identified on site, a protection/management plan or off-site relocation plan shall be submitted to the planning services department of the community development and environmental services division, for review and approval. This shall apply to all new development and site improvements. It shall also apply to substantial amendments to existing development and site improvements, where gopher tortoise protection/management plans have not been previously approved by Collier County planning services staff. The protection/management plan shall include, but not be limited to the following items: 1) a current gopher tortoise survey, which shall be field- verified by planning services staff; 2) a proposal for either maintaining the population in place or relocating it; 3) a site plan identifying the boundaries of the gopher tortoise preserve; 4) the method of relocation if necessary; 5) the proposed supplemental plantings if needed; 6) a detail of the gopher tortoise preserve fencing; 7) an annual maintenance plan describing exotic removal and possible additional plantings in the future and 8) identification of persons responsible for the initial and annual protection/management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall be designated on the site plan at the time of the first development order submittal. Suitable habitat preserved on site shall be credited 'to the preservation requirement as specified in section 3.9.5. of this Code. Suitable habitat shall be defined as having the following characteristics: 1) the presence of well-drained, sandy soils, which allow easy burrowing for gopher tortoises, 2) appropriate herbaceous ground cover (if not present, supplemental food sources shall be planted), 3) generally open canopy and sparse shrub cover which allow sufficient sunlight to reach the ground, and 4) typically, includes the presence of an existing gopher tortoise population. Off site relocation plans may be permitted to meet all or part of the on-site gopher tortoise habitat preservation requirements under the following circumstances: a) Where suitable habitat does not exist on-site; b) Where a property owner meets the minimum on-site native vegetation preservations requirements of this Code with jurisdictional wetlands and does not provide appropriate habitat for gopher tortoises as described above; or, c) Where scientific data has been presented to the community development and environmental services administrator, or his designee, and an environmental professional opinion is rendered that the requirement to provide the required on-site gopher tortoise habitat preservation area will not be conducive to the long term health of the on site population of tortoises. If an off site relocation plan is authorized under one or more of the above conditions, approval of such a plan and associated State permit, shall be obtained from the Florida Fish and Wildlife Conservation Commission. Where appropriate, a combination of on-site preservation and off-site relocation may be considered. (6) (7) (8) When relocating tortoises on site, the density shall be reviewed on a case by case basis and no more than five tortoises per acre will be considered a suitable density. When identifying the native vegetation preservation requirement of section 3.9.5. of this Code for parcels containing gopher tortoises, priority shall be given to protecting the largest, most .contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off-site 'adjacent gopher tortoises preserves. All gopher tortoise preserves shall be platted with protective covenants as required by section 3.2.9.2.10. of this Code or, if the project is not platted, shall provide such language on the approved site development plan. When a decision is made to allow off-site relocation of gopher tortoises, it shall be a priority to preserve scrub habitat, when it exists on site, for its rare unique qualities and for being one of the most endangered habitats in Collier County. Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by planning services staff. (9) Exemptions. Single family platted lots, seven and one-half acres or less in size, shall be exempt fi:om the requirements set forth in subsection 3.11.3.4(4), when these lots are not a part of a previous development which has been required to comply with subsection 3.11.3.4(4). However, gopher tortoises shall be protected pursuant to paragraphs 1, 2 and 3 of this section. b) An on site gopher tortoise preserve shall not be required for existing Activity Center commercial parcels of less tha~ ten acres which meet all of the following requirements: 1. are subject to a circumstance listed in 3.11.3.4.(5) above; have been denied a relocation permit by the Florida Fish and Wildlife Conservation Commission ("FFWCC") due to the concern of disease transmission; and 3. have been issued a FFWCC Take Permit for the parcel's tortoise population. A request for application of this exemption shall be made concurrently with the application for a final development order authorizing the development of the parcel and the conditions and terms of the FFWCC Take Permit shall be incorporated into the permit for the final development order. (Ord. No. 92-73, § 2; Ord. No. 00-43, § 33, 6-14-00; Ord. No. 00-92, § 3.M., 12-13-00) ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Community Development and Environmental Services Division LDC3:149 3.12.5.1.2. Original text LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: REASON: Cycle 3, 2003 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTttER NOTES: None. 3.2.7.' None. Amend the LDC as follows: 3.12.5.1.2. If the proposed development is determined to be a subdivision, as defined in division 6.3, the categories of impacts, A through G, shall be conceptually illustrated on the ~ preliminary subdivision plat and completely detailed on the final subdivision improvement plans, with any required protected/preserve areas illustrated on the final subdivision plat, in accordance with the provisions of division 3.2. If the proposed development does not constitute a subdivision, the categories of impact, A through G, shall be illustrated on a site development plan for any form of development, including single-family or duplex residential structures in accordance with the provisions of division 3.3. ORIGIN: AUTHOR: Russell Webb DEPARTi~ENT: Planning Services AM~ND1HENT CYCLE # OR DATE: Community Development and Environmental Services Division LDC3:149 3.12.5.2. Original text LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: REASON: Cycle 3, 2003 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 3.2.7. None. Amend the LDC as follows: 3.12.5.2. Review by environmental advisory board. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the environmental advisory board. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. 1611 ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson DEPARTMENT: Environmental Services AME~MENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:156-158.2 LDC SECTION: Division 3.13 Coastal Construction Setback Line Variance LDC SUPPLEMENT #: Supplement 1, Supplement 15 CHANGE.: Per the Growth Management Plan, prohibit construction seaward of the Coastal Construction Control Line, with minor exceptions. Staff also provided clarifying language to the exemption section (3.13.7.2) and to the dune restoration permit (3.13.8.2). REASON: Policy 10.4.7 of the Conservation and Coastal Management Element (CCME) requires the County to "Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will 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 barrier system ..... said prohibition would result in no reasonable economic utilization of the property in question, or for safety reasons." The BCC has directed staff to enforce this requirement, which serves to provide greater protection to the County's beaches and dune systems. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will decrease the number of CCSL Variances applied for which will decrease staff time reviewing as well as presenting these variances to the committees. RELATED CODES OR REGULATIONS: LDC 2.2.38, GMP CCME Policy 10.4.7 GROWTH MANAGEMENT PLAN IMPACT: None. Supports CCME Policy 10.4.7 and CCME 10.4.8 which states that: "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 turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach 'dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation." OTHER NOTES: Division 3.13 is referenced in the proposed amendment for Sec 2.2.38. It should be noted that this amendment will also apply to the Vanderbilt Beach Overlay District. Amend the LDC as follows: Sec. 3.13.4. Prohibited activities seaward of setback lines. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, construct permanent structures, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided. Sec. 3.13.5. Variances. A coastal construction setback line (CCSL)Variance shall not be approved for construction of new structures seaward of the CCSL except where said prohibition would result in no reasonable economic utilization of the property in question, o~ for safety reasons or as otherwise permitted hereinafter. The following CCSL variances may be authorized by the Board of County Commissioners. 3.13.5.1 Minor accessory structures such as chickees constructed without flooring or walls and storage boxes. It shall be prohibited to use any construction material that can become dislodged during a storm event, such as but not limited to, brick pavers, stepping stones, and landscape stones. Minor accessory structures shall not be constructed or placed in areas that have existing native vege?ation or on any part of the beach. All areas seaward of the CCSL, outside the footprint of approved minor structures, shall be kept in their natural condition and/or landscaped, using native vegetation, exclusively. 3.13.5.2. The board of county commissioners may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the consU'uetion of such projects would cause erosion of the beach in the area of such structures. 3.13.5.3. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County growth management plan, conservation and coastal management element, and also approved by the board of county commissioners. 3.13.5.4. 1611 Activities that are listed under Section 3.13.8 that exceed the standards set forth in thc, CCSL permits, as long as the requested activity or construction does not create additional negative impacts to the beach or dune system. 3.13.5.5 In the case of the destruction of any structures seaward of the CCSL, for any reason, to an extent equal to or greater than 50 percent of the ac_naa! replacement cost of the structure at the, time of their destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction, including Division 3.17. Said reconstruction may require a new CCSL variance Sec. 3.13.7. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the board of county commissioners. Exemptions to section 3.13.4 shall include: 3.13.7.1. The removal of any plant defined as exotic vegetation by county code. 3.13.7.2. Any modification, maintenance, or repair, to any existing structure within limits of the existing foundation or footprint, which does not require, involve, or include any additions to, or repair or modifications of, the existing foundation of that structure, except those modifications required by code. -~4tudiag The following do not qualifsr for this exemption: 1) additions or enclosure added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure, 2) replacement of any pervious surface with a non-pervious surface, or 3) modifications or additions to any dune walkover or deck area. 3.13.7.3. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds, and 4) upon review by the planning services director or his designees, is determined to not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this division. This exemption shall not be effective during sea turtle nesting season (May 1--October 31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or unless the beach furniture is being actively used or attended during the period of time from 9:30 pm until the next day's monitoring. Exemptions allowed under this provision are not intended to authorize any violation ofF.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. Sec. 3.13.8. Permits. The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit application. 3.13.8.1. Construction of a dune walkover or other pervious beach access way when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. 3.13.8.1.1. A maximum width of six feet. 3.13.8.1.2. A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. 3.13.8.2. Creation, restoration, re-vegetation or repair of the dune or other nr.?&"r2 area seaward of the CCSL on an individual parcel of land, when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. 3.13.8.2.1. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. 3.13.8.2.2. Plants utilized shall be 100 percent native coastal species. 3.13.8.2.3. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least two years professional experience are in the State of Florida. 1611 "' ORIGIN: Community Development & Environmental Services Division AUTHOR: $oyc¢ Ernst, Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): LDC6:66-67 LDC SECTION: Division 6.3 Definitions: yard, front LDC SUPPLEMENT #: Supplement 15 CHANGE: Consolidate information on setbacks (required yards) for E (Estates) zoning. REASON: Information regarding setbacks for comer lots in the Estates zoning district is currently located in this division under the definition of "yard, front" as well as in Section 2.2.3. The proposed change consolidates the information under the section dealing with the Estates zoning district, and cross-references that section under the definition. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC Section 2.2.3. (Estates) district (E) GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the LDC as follows: Yard, front: The required open space extending across the entire width of the lot between the front building line and street fight-of-way line. Where double-frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein. Where comer lots of record existed prior to the date' of adoption of Collier County Ordinance No. 82-2 [January 5, 1982], which lots do not meet m/nimum lot width or area requirements established in this Code, only one full depth front yard shall be 'required. In all zoning districts, the full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage. In all zoning districts, except the E (estates) zoning district, the setback requirement for the remaining fi'ont yard(s) ~*'~" ncr may be reduced to ...... ~; ......... 50 percent of the full front yard setback requirement for that dist~ct, exclusive of any road right-of-way or road right-of-way easement. For setbacks for E (estates) zoning~ ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Cheryl Sorer DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC 6: thru 6: LDC SECTION: Division 6.3 Definitions CltANGE: Revise language to definition of Guest House or Cottage and Kitchen, Primary and add language to define Cabana, Guest Quarters/Guest Suites and Kitchen, Secondary. REASON: The definitions for these terms need to be revised and/or added to the LDC Definitions Section to clarify and support application of the LDC. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: Recommending amendment to Division 2.6, Supplemental District, Secondary Kitchen regulations to further support application of this section of the code. GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Cabana: An accessory_ structure providing shelter ..for recreational use with or without toilet facilities, .not to be used for living .quarters. Guest House or Cottage: An accessory dwelling '~'.~2tatructure which ~; "~^~';~ ~vv...~.e --~.....~.~'~:~:~ is attached to or detached from,. _a principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary use providing !.lying quarters for the occupants of the principal dwelling, their temporary guests or domestic employees and which may contain kitchen facilities. --*-:~- :~: ....... ~ Guesthouses or cottages are not permitted in development that is receiving an AHDB. (See section[s] 2.6.14 and 2.7.7.) Guest Ouarters/Guest Suites: An attached Or detached room or suite,~ which could be used as a temporary sleeping accommodation, which is integrated as part of the principal use of the property and. may contain running water as long as it is not structurally configured or of_a size that may accommodate a kitchen. Kitchen, Primary: A room in a principal dwelling which is, used, designed and intended for the preparation and cooking o__f food, often where meals are also eaten. Kitchen, Seconda~_: A kitchen, accessory in function to the primary kitchen, located within and only accessibl.__.~e through the principal dwelling unit. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDCD:7 LDC SECTION: CHANGE: maps. Community Development and Environmental Services Division Cycle 3, 2003 Appendix D Update to the maps based on revised current and future noise exposure REASON: The noise zones have been reduced due to the reduction of Stage 2 operations and other noise abatement measures implemented. See attached documents. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. Airport Overlay, FAA None Amend the LDC as follows: APPENDIX D-AIEPOET ZONIN O App. D, App. H APPENDIX II. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP (SEE S]~CTION 2.2.23) PRE:PAF~D BY: GRAPHICS AND T~CHNICAL SUPPORT ~:CTION COMMUNITY O~="'V~OPMENT AND ENVIRONMENTAL Si~R~C~.S DIVISION DAI~.: 7/03 FILE: AIRflORT-NZ-2-2OO3.DWG SCALE: ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 2:26.2 LDC SECTION: 2.2.5.3. LDC SUPPLEMENT #: Supplement 15 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere fi.om 11 to 14 feet of additional height when COmpared to measuring fi.om natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the oppommity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total staff is Proposing to no. longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Amend the LDC as follows: 1811 2.2.5.3. Conditional uses. The following uses are permissible as conditional uses in the KMF-6 district, subject to the standards and procedures established in division 2.7.4: 1. Churches and houses of worship. 2. Schools, public and private. 3. Child care centers and adult day care centers. 4. Civic and cultural facilities. 5. Recreational facilities not accessory to principal use. 6. Group care facilities (category I and ~); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 7. Noncommercial boat launching facilities, subject to section 2.6.22 8. Cluster development, subject to section 2.6.27. a. Measurement of building height using FEMA flood elevation as the starting point, b. Allow additional height to a building to accommodate parking Under the structure as per Section 2.6.3.2. ORIGIN: Community Development and Environmen~~rvices~ ~ [ ~ ! AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 2:29 LDC SECTION: 2.2.6.3. LDC SUPPLEMENT #: Supplement 14 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until alter the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Amend the LDC as follows: 2.2.6.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-12 district (RMF-12), subject to the standards and procedures established in division 2.7.4: 1. Child care centers and adult day care centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Noncommercial boat launching facilities, subject to section 2.6.22. 5. Schools, public and private. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 7. Measurement of building height using FEMA flood elevation as the starting point, 8. Allow additional height to a building to accommodate parldng under the structure as per Section 2.6.3.2. ORIGIN: Community Development and Environmental Servil 6 ! 1 AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 2:31 LDC SECTION: 2.2.7.3. LDC SUPPLEMENT #: Supplement 14 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until aRer the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Amend the LDC as follows: 2.2.7.3. Conditional uses. The following .uses are permissible as conditional uses in the residential multiple-family-16 district (RMF-16), subject to the standards and procedures established in division 2.7.4: 1. Child care centers and adult day care centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Noncommercial boat launching facilities, subject to section 2.6.22. 5. Schools, public and private. 6. Group care facilities (category I and 12I); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and eh. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 7. Measurement of building height using FEMA flood elevation as the starting point. 8. Allow _additional height to a building to accommodate Parking under the structure as per Section 2.6.3.2. 1611 ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 2:33 LDC SECTION: 2.2.8.3. LDC SUPPLEMENT #: Supplement 12 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEIMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the oppommity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Amend the LDC as follows: 2.2.8.3. 1o Conditional uses. The following uses are permitted as conditional uses in the residential tourist district (RT), subject to the standards and procedures established in division 2.7.4: Churches and other places of worship. Marinas, subject to section 2.6.22. 3. Noncommercial boat launching facilities, subject to the applicable review criteria set forth in section 2.6.21. 4. Group care facilities (category I and n); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 5. Private clubs. 6. Yacht clubs. 7. Permitted uses not to exceed 125 feet in height. 8. Measurement of building height using FEMA flood elevation as the starting point. 9. Allow additional height to a building to accommodate parking under the structure as per Section 2.6.3.2. 1611 ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 2:35 LDC SECTION: 2.2.9.3. LDC SUPPLEMENT #: Supplement 9 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the oppommity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total, staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Amend the LDC as follows: 1611 2.2.9.3. Conditional uses. The following uses are permissible as conditional uses in the village residential district (VR), subject to the standards and procedures established in division 2.7.4: 1. Boatyards, subject to the applicable review criteria set forth in section 2.6.21, and marillaS. 2. Child care centers and adult day care centers. 3. Churches and other houses of worship. 4. Civic and cultural facilities. 5. Cluster housing, subject to section 2.6.27 6. Fraternal and social clubs. 7. Schools, public and private. 8. Group care facilities (category I and 1I); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 9. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, PUD or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwelling units and their guests within the area of approved preliminary subdivision plat, or site development plan. 10. Measurement of building height using FEMA flood elevation as the starting point. 11. Allow additional height to a building to accommodate parking under the structure as per Section 2.6.3.2. ORIGIN: 16/1 Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 2:59 LDC SECTION: 2.2.15.3. LDC SUPPLEMENT #: Supplement 15 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services, director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTttER NOTES: None. Amend the LDC as fOllows: 2.2.15.3. Conditional uses for C-4. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in division 2.7.4. 1. Agricultural services (groups 0741--0742, 0752, with outdoor kenneling). 2. Amusement and recreation services, outdoor (groups 7948, 7992, 7996, 7999). 3. Auctioneering services, auction rooms (7389, 5999). 4. Automotive dealers and gasoline service stations (groups 5521, 5551, 5561, 5599 outdoor display permitted). 5. Automotive rental and leasing, outdoor display permitted (groups 7513, 7519). 6. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for the on-premise consumption are subject to the locational requirements of section 2.6.10.).. 7. Fishing, hunting and trapping (groups 0912--0919). 8. Fuel dealers (groups 5983--5989). 9. Homeless shelters, as defined by this Code. 10. Hotels and motels (groups 7011, 7021, 7041 when located outside an activity center). Justice, public order and safety (groups 9221, 9222, 9224, 9229). Kiosks. Local and suburban tra~n,qit (groups 4111--4121, bus stop and van pool stop 11. 12. 13. only). 14. 15. 16. Motion picture theaters (7833). Communication towers above specified height, subject to section 2.6.35. Permitted use with less than 700 square feet of gross floor area in the principal structure. 17. Soup kitchens as defined by this Code. .18. Motor freight transportation and warehousing ( 4225 air conditioned and mini- and self storage warehousing only).. 19. Any other general commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals. 20. Measurement of building height using FEMA flood elevation as the starting, point. 21. Allow additional height to a build~n_g to accommodate parking under the stmcturc as per Section 2.6.3.2. ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Plaxming DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 2:184.6 LDC SECTION: 2.6.3. LDC SUPPLEMENT #: Supplement 11 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total, staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Amend the LDC as follows: 1611" Sec. 2.6.3. Exclusions from height limits. 2.6.3.1. General exclusions. The height limitations contained in division 2.2 do not apply to spires, belfries, cupolas, flagpoles, antennas, communications towers, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage structures, silos, windmills, airport control towers, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy pr for commercial purposes; provided, however, the heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight approach zone of airports. (See section 2.2.23.) 1. The permitted exceptions to the height limitations may be authorized only when the following conditions can be satisfled~ Structural exceptions to height limitations may only be erected to the minimum height necessary to accomplish the purpose it is intended to ..serve, and no higher; and If the roof area of the structural elements permitted to exceed the height limitations equals 20 percent or more of the total roof area, they will be considered as integral parts of the whole structure, and therefore not eligible to exceed the height limitations. 2.6.3.2. Exclusions for off-street parMng within a principal structure. In instances where off- street parking is provided within the principal structure, the '~ .... ~ ..... · ' '~;,~rectcr ma)' v,'-2:,c Collier County Board of Zoning Appeals can allow _additional height by granting a Conditional Use Permit, to raise the maximum height requirements to the extent necessary to permit off-street parking within the principal structure, provided however: (1) the number of off-street parking spaces required by this Code for the use involved may not be reduced; (2) the waiver in height shall not be greater than that necessary to provide for the off-street parking within the principal structure, with a maximum of two parking levels; (3) the waiver of the maximum height requirements are compatible with the uses on adjacent properties; and (4) for each off-street parking space permitted within the principal structure for which the maximum height waiver is granted, 300 square feet of additional open space beyond that which is otherwise required by this Code shall be provided. The additional height _must be applied for and approved as per the county's conditional use peimit process. A varking structure may be located on any floor of the structure; however, if it is not located in the FEMA flood zone, the parking s~'ucture will be used in the building height calculation as though it were a habitable floor. (Ord. No. 92-73, § 2) ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 2:248.6 LDC SECTION: 2.7.4.1. LDC SUPPLEMENT #: Supplement 15 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total, staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 1611" Amend the LDC as follows: Sec. 2.7.4. Conditional uses procedures. 2.7.4.1. General. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, height measured fi.om FEMA flood elevation, additional height for providing parking under the building, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in zoning district as a conditional use if specific provision for such conditional use is made in this zoning code. All petitions for conditional uses shall be considered first by the planning commission in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature. 2.7.4.2. Written petition. A written petition for conditional use shall be submitted to the development services director indicating the basis in this zoning code under which the conditional use is sought and stating the grounds upon which it is requested, with particular reference to the types of findings Which the board of zoning appeals must make under section 2.7.4.4. The petition should include material necessary to demonstrate that the grant of conditional use will be in harmony with the general intent and purpose of this zoning code, will be consistent with the growth management plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material shall include, but is not limited to, the following, where applicable: Conceptual site development plans at an appropriate scale showing the proposed placement of structures on the property, provisions for ingress and egress, off- street parking and off-street loading areas, refuse and service areas, and required yards and other open spaces. Building elevations shown from grade and fi.om FEMA flood elevation as well as the elevations of surrounding properties, along with any other information necessary to allow the zoning board of appeals to ensure abutting properties will not be adversely affected by granting additional height. The conceptual site development plan shall not be in lieu of, nor eliminate the need for, a site development plan under division 3.3, as applicable. 2. Plans showing proposed locations for utilities. 3. Plans for screening and buffering with reference as to type, dimensions, and character. 4. Proposed landscaping and provisions for trees protected by county regulations. 5. Proposed signs and lighting, including type, dimensions, and character. 1611 Developments shall identify, protect, conserve, and appropriately use native vegetative communities and wildlife habitat. Habitats and their boundaries shall be identified on a current aerial photograph of the property at a scale of at least one inch equals 400 feet. Habitat identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System and shall be depicted on the aerial photograph. Information obtained by ground- trothing surveys shall take precedence over photographic evidence. 7. Where this zoning code places additional requirements on specific conditional uses, the petitioner shall demonstrate that such requirements are met. Where the rezoning of land, as well as grant of conditional use, is requested simultaneously for the same parcel of land, both said petitions may be processed concurrently in accordance with the procedures set forth in sections 2.7.2 and 2.7.4. ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 6:10.2 LDC SECTION: Division 6.3 Definitions LDC SUPPLEMENT #: Supplement 11 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the oppommity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total, staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Amend the LDC as follows: DIVISION 6.3 DEFINITIONS Building height of' The vertical distance fi.om the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured fi.om such required minimum floor elevations. (See section 2.6.3, Exclusions fi'om height limits, and Off-street parking within a building [section 2.6.3.2].) Required minimum floor elevations shall be in conformance with the Collier County Building Construction Administrative COde (Ordinance No. 91-56, section 103.2.1.d [Code § 22-47(a)(4)], as amended) and, if necessary, FDEP requirements for minimum habitable first-floor structural support, however, in FEMA flood zones no building will exceed the maximum building height as measured above without ~, conditional use permit first being issued' by the County as per Section 2.7.4.1.. Te~"~m:'emrz i,, Henning~ 9:00 A.M. Co¥~e ~'~'~~ coletta ~ Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor II. III. IV. VI. VII. VIII. Roll Call Approval of Agenda Approval of November 5, 2003 Meeting Minutes Land Use Petitions Am Planned Unit Development No. PUDZ-2003-AR-3764 "St. John the Evangelist Catholic Church PUD" Section 21, Township 48 South, Range 25 East Old Business: LDC Amendments New Business: Council Member Comments Public Comments IX. Adjournment Council Members: Please notify_ the Environmental Services Administta{ive Assistant no later than 5:00 p.m. on December 3~ 2003 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (403-2424). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. November 5, 2003 ENVIRONMENTAL ADVISORY COMMITrEL~6 [ ~-' Board Meeting Room, 3ra Floor, Administration Building 3301 Tamiami Trail Naples, Florida 34112 9:00 A.M. November 5, 2003 LET IT BE REMEMBERED, that the Environmental Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 o'clock a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Members: Thomas W. Sansbury, Chairman William Hughes Alfred F. Gal Alexandra Ellis Edward Carlson Erica Lynn Kenneth Humiston Collier County Staff: Patrick White, Assistant County Attorney; Barbara Burgeson, Senior Environmental Specialist; Stephen Lenberger, Environmental Specialist; Fred Reischl, Principal Planner; Russell Webb, Principal Planner; Laura Roys, Environmental Specialist 1611 November 5, 2003 I. Roll Call , o clock a.m. A quorum was established. -The meeting was called to order at 9:00" Members: Alexandra Ellis, Erica Lynn, Thomas W. Sansbury, William Hughes, Alfred F. Gal, Edward Carlson, Kenneth Humiston Collier County Staff: Marjorie Student, Esquire; Patrick White, Esquire; Barbara Burgeson; Donald Schneider; Stephen Lenberger; Fred Reischl; Russell Webb II. Approval of Agenda -There were no additions to the agenda. III. Approval of Meeting Minutes A. August 6, 2003 Minutes The minutes of August 6, 2003, were approved unanimously with the insertion of the chemical analysis re Wiggins Pass. B. October 1, 2003 Minutes The minutes of October 1, 2003 meeting were approved unanimously. IV. Land Use Petitions None V. Old Business None VI. New Business LDC Amendments - Cycle 3 2 1611 November 5, 2003 Vanderbilt Beach RT Zoning Overlay. -Mr. Sansl~ury recused himself from voting on matte/' regarding RLSA. -Donald Schneider, Principal Planner, Community Development and Environmental Services Division. discussed the proposed draft ordinance regarding the Vanderbilt Beach RT zoning overlay. Overlay addresses issues the homeowners have indicated they would like to have addressed, parking, set back of buildings, height of buildings. No environmental problems or constraints. There is potential for a Burt Harris Act claim. -Diane Ketchum, President, Vanderbilt Beach and Bay Association, expressed desire to reduce building height and density. -David Depew, resident of Vanderbilt Beach, spoke on behalf of reduction of building height and density. -There was discussion regarding the height, of buildings on a barrier island being an environmental issue. -Joseph Connolly, resident, believes that the environment will be adversely affected by raising the height limits of buildings. -Carol Wright, Director, Vanderbilt Beach and Bay Association, spoke in favor of height limitations, preserving character of neighborhoods, and more green space. Ms. Wright also expressed concern about evacuation during storms. -Dr. Richard F. Bing, resident, spoke in favor of maintaining or decreasing density and height. -B.J. Savard-Boyer, President, Vanderbilt Beach Property Owners Association, expressed concerns about evacuation, loss of green space. Ms. Savard-Boyer 1611 November 5, 2003 stated that property will retain value without allowing more development, regulations can be revised, favors height and density limitation. -Douglas Fee, Vanderbilt Beach, President, North Bay Civic Association, wished to lend support to the Vanderbilt Beach community, would like to see height limits and lower density. -Mr. Hughes recommended that the Environmental Advisory Committee start to evaluate other states where these issues have become very intense and evaluate including into Collier County's codes as to solar exposure, solar pockets, and wind capacities. Mr. Schneider pointed out that in 1991 when the LDC was adopted, the State verified that it was in compliance with the comp plan and the densities were set.and currently the comp plan says that existing properties are in compliance with the comp plan. Mr. Schneider stated that he could not find indication that the County has the right to lower heights or that there is an obvious need from the LDC to lower the heights. Purpose of moratorium was to allow time to investigate the issues and remedies. -Ms. Lynn moved to support the Vanderbilt Beach communities' proposal for the RT zoning. -Mr. Sansbury added in those particular areas designated as 2.238, 6.4 and 2.2386.5 in regard to the height and density. -Mr. Sansbury stated a motion that the draft ordinance as proposed by the Vanderbilt Beach Residential Tier Overlay, as proposed by the various property owners associations has been made and seconded and is open for discussion. 4 November 5, 2003 -Mr. Sansbury stated that there is a motion on the table for discussion and there is a suggestion of a revision by Mr. Gal. -Ms. Lynn made a motion as follows: Because of the impacts on the fragile coastal barrier island environment it is important to keep building heights and density at a minimum and with that in mind the EAC is supporting the residents proposals and recommending support of this ordinance in lieu of the staff submitted ordinance. The motion was passed 4 to 2 with Mr. Sansbury recusing himself. -Mr. Hughes indicated a desire to adjourn the matter until receipt of further information. Mr. Sansbury stated that it is the decision of the EAC to recommend to the BCC denial of the County's proposed LDC change and recommend approval of the property owners associations proposed LDC change, with a vote of 4 to 2. -Mr. Gal moved to reconsider the last vote. Ms. Ellis seconded the motion. It was voted unanimously to reconsider the last motion. A vote was taken on the last motion and the motion passed 6-0. Bob Mulhair, RWA, Inc., representing Collier County gave a presentation outlining specific code requirements that deal with land use issues. -Ms. Lynn questioned on Page 21 regarding the location of the rural village wanting to know where the rural village is measured from. Mr. Mulhair responded that it is from the rural village proper, greenbelt is not part of rural village. Applicants must submit emergency preparedness plans. Greenbelt should be large enough to discourage sprawl. Fiscal impact must be neutral. 5 1611 November 5, 2003 -Motion was made and passed unanimously approving Item A. -Mr. Mulhair spoke regarding Tab B which deals with the conservation district and chan~es to the conservation zoning district as a result of the eastern lands analysis and the GMP amendments that were adopted. Oil and gas underground rights are held by Collier Resources and their rights must be addressed. -Motion was made approving Tab B, was passed unanimously. -Mr. Mulhair spoke regarding Tab C amendment implementing the Rural Land Stewardship Area design standards summarizing their intent. Light pollution is not addressed, but should be and will be looked at. There is a requirement to do an analysis of the impact on the infrastructure in case of disaster. More proactive language regarding panther habitat was discussed. Mr. Hughes suggested that the manufacturers of herbicides, fertilizers, and pesticides should bear the burden of educating the population on environmentally safe use of their products. -Nicole Ryan, Conservancy of Southwest Florida, spoke on behalf of standards for golf course for sensitive habitats. -Mr. Hughes made a motion to recommend approval of the Rural Land Stewardship Area district with the addition that there are educational programs provided by the manufacturers and suppliers of herbicides, fertilizers and pesticides to homeowners, professionals or other users. Motion failed for lack of a second. -Motion was made to approve the staff recommendation for RI,SA and was seconded. 6 : ,November 5, 2003 1 11 Discussion - it was suggested that a provision regarding design standards for outdoor lighting, street lighting and other lighting that include Dark Sky design standards be included in the plan. -Motion was made to include having the staff continue discussions with the Conservancy and other agencies regarding further discussions regarding golf course standards for sensitive areas. Motion was seconded. -Motion to recommend approval of the Rural Land Stewardship Area district with the addition that there are educational programs provided by the manufacturers and suppliers of herbicides, fertilizers and pesticides to homeowners, professionals or other users, that there be a provision regarding design standards for outdoor lighting, street lighting and other lighting that include Dark Sky design standards included in the plan and that the staff continue discussions with the Conservancy and other agencies regarding further discussions regarding golf course standards for sensitive areas. Motion was seconded and passed unanimously with Mr. Sansbury abstaining because his employer owns substantial lands within the area in question. -Mr. Mulhair discussed Tab D, Natural Resource Protection Overlay. -Motion was made to recommend approval, seconded and passed unanimously. Mr. Mulhair discussed the Tab E, North Belle Meade Overlay which is in the rural fringe mixed use district. -Motion was made to recommend approval of the North Belle Meade Overlay amendment, seconded and passed unanimously. November 5, 2003 1611 -Mr. Mulhair discussed Tab F Essential Services. addressed but would be generally permitted. Osmosis is not directly -Motion was made to recommend approval of Tab F Essential Services, motion was seconded and passed unanimously. -Mr. Mulhair discussed Tab G Communication Towers. -Stephen Lenberger, Environmental Specialist, Communication Tower LDC amendment was brought about by the fringe amendments to determine review of essential services in the rural fringe. as it is unknown where birds will go. Amendment should be adopted countywide Requested that wires not be quide below 200 feet. "White strobe unless otherwise required by FAA" could be inserted into amendment. After tower height of 200 feet, guidewires are necessary. -Motion was made to recommend approval of the Tab G Communication Towers amendment with the addition of the language white strobe unless otherwise required by FAA, seconded and passed unanimously. -Mr. Mulhair discussed Tab H Literal Shelf Plans. Rural fringe requirement will be 30 percent. If there is a lake excavation, you are exempted from the literal standards as long as there is a State reclamation plan in place; however, when use is converted later then compliance with the literal standards is required. -Motion was made to recommend approval of Literal Shelf Planning areas, seconded and passed unanimously. Mr. Mulhair discussed Tab I, Transfer of Development Rights. -Brad Comell, Collier County Audubon, suggested including a TDR bank. 8 1611 November 5, 2003 -Motion was made to recomcnd approval of Tab I Transfer of Development right, motion was seconded and passed unanim0us]y. -Mr. Mulhair discussed Tab ] Density Blending. Motion was made recommending approval of Tab J Density Blending amendment, motion was seconded and approved unanimously. -Mr. Mulhair discussed Tabs K, L, and M, Environmental Impact Statements, Vegetation Retention and Listed. -Mr. Mulhair discussed Tab N. -Nancy Payton, representing Florida Wildlife Federation suggested putting definitions in alphabetical order. -Bruce Anderson commented on the new definition for EIS indicating there has been language added at the end of the definition that refers to a requirement to evaluate adjacent or neighboring properties.; he is concerned there is nothing in the Code stopping owner of property from clearing property; there are slander of title issues. Mr. Anderson believes that the County should be the one that does the objective evaluation of what is going on with surrounding lands. An allegation of endangered species on a property might be considered by some as slanderous because of the additional restrictions that would go with that. An allegation could be made in error. ,Bob Krasowski, Zero Waste Collier County Group, suggested that if a claim were made which was accurate and true it could affect the sale ability of a property owner's property. Mr. Krasowski believes that more information should 9 November 5, 2003 be exposed rather than drawing back from exposing information because of potential sensitivity issues. -Motion was made to recommend approval of the amendment with modifications alphabetical and removal of the last part of the EIS, or parcels adjacent to neighboring properties and adding a definition of RLSA. The motion was seconded, voted upon and passed 5-2, with Mr. Carlson and Ms. Lynn dissenting. (The hearing recessed from 11:40 a.m. to 11:50 a.m.) -Mr. Lenberger discussed Tab K EIS and proposed changes to its language. -Mr. Lorenz explained that the Manatee Protection Plan requirement of a five mile on water travel distance will probably be changed. -Bruce Anderson spoke regarding listed species indicating that the amendment is too vague regarding listed species. -Motion approving recommendation of Tab K EIS amendment with recommended changes, deletion of the last sentence in 3.8.5.6b and the recommended change to 3.8.5.7b as well as the second sentence deleted in 3.8.5.8a along with minor changes put on the record that staff has made, was seconded, voted upon and passed unanimously. -Ms. Burgeson discussed Section 3.9, Vegetation Removal, and outlined some minor changes recommended by staff. -Brad Cornell had concern about the County requiring removal of exotic vegetation for both preserves and project sites and allowing that to count towards mitigation. 10 1611 November 5, 2003 -Ms. Lynn expressed concern about thc penalty language and that a fine may not be sufficient deterrent to a dev¢lop~r. Ms. Burgcson stated that Code Enforcement and thc County Attorney take a look at thc penalty language and suggest changes. -Motion was made to recommend approva! incorporating changes read into th~ record, delete som~ suggestions of Mr. Come|l, delete 3.8.56b referencing water quality impacts. -Motion was made by 1Vh'. Hughes to mak~ thc proposed changes and bring thc matter back before th~ Board on December 3, 2003. Thc motion was seconded and was unanimously approved. -Ms. Burgcson d~scusscd Page 172, Paragraph 3.11.33 which is new language referencing Goal 7 in the Collier County Growth Management Plan. -Mr. Lorenz explained there is a conflict between the Land Development Code and the Growth Management Plan; a change needs to be made in the Growth Management Plan. -Nicole Ryan, Conservancy of Southwest Florida, discussed GMP amendment changes, language in GMP is ambiguous and needs to be fixed. LDC need to provide more clarification and needs to go further. Intent is to get language in LDC that states that County does not have to defer to agency recommendations when they are more lenient. It was indicated that the intent of the GMP amendment was to allow for minor modifications to the guidelines. -Stuart Miller, Project Manager for Wilson Miller, representing Echo, spoke regarding LDC 3.11.3.3, agrees that language needs to be fixed and suggested that 11 1611 November 5, 2003 County should have flexibility of their own policies or the recommendations from Oame and Fish or the Fish and Wildlife Service. -Nancy Phyton, representing Plorida Wildlife Federation, wants wildlife to get the best possible protection and indicated County is not doing best possible job of protecting listed species and the County should adopt the most stringent measures to protect wildlife. Perspective from other agencies is important. -Mr. Hughes stated that it is the citizens of Collier County's right to legislate more restrictive controls over our environment Mr. Hughes proposed that this issue be adjourned until the next meeting when the language is specified and we can review it again. -Mr. Gal suggested that the language from the Conservancy be inserted into the code amendments for 3.11.3.3. -Mr. Sansbury suggested that staff be instructed to come back with something agreeable to everyone, working towards the most restrictive standards. -Donna Reed Caron, resident, spoke in support of Conservancy language. -Doug Fee, President, North Bay Civic Association, spoke in favor of Conservancy position. Mr. Fee believes that more time is needed to review complicated amendments. -Brad Cornell, Collier County Audubon Society, supports Conservancy position, would like recommendation that County adopt its own policy and guidelines more specific to Collier County. -Mr. Hughes made a motion that with reference to 3.11.3.3 the language suggested by the Conservancy be considered, the article be rewritten with the 12 .1611 November 5, 2003 intent that Collier County maintain its autonomy, that all guidelines of all federal and state level agencies will be considered, the one that is the most severe will be the one that rules, deviations would be for reasons of national sec ~urity, national issues of infrastructures, things that affect us that we do not have control over. The motion was seconded, voted upon and was passed unanimously. -Ms. Burgeson discussed the Coastal Construction Setback Line Variance which was approved at the last meeting and explained changes. -Mr. Humiston asked regarding 3.13.5.5.1 rebuilding structures that have been destroyed, how would buildings seawards of the setback line be affected. Ms. Burgeson responded that new construction in front of line would have to comply with new CCSL section and code unless it is destroyed by hurricane. -Doug Fee stated that CCSL needs language prohibiting construction behind line. -Mr. Hughes requested to spend one-half day with Environmental Code Enforcement. VII. Public Comments -Bob Krasowski, Zero Waste Collier County Group, spoke regarding solid waste management in Collier County, would like Board to check out environmental components for collection of trash, and recyclables and organics, both environmental and economic impacts, suggested need for open government, problems not addressed openly and adequately. Meeting of thc Sunshine Law Public Record Ethics Law scheduled for Friday, December 5, 2003, has been moved to December 12, 2003. Second date is Wednesday, January 14, 2003, from 9:00 a.m. to 10:30 a.m. 13 November 5, 2003 1611 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:35 p.m. Collier County Environmental Advisory Committee Thomas Sansbury, Chairman 14 Hales Henning_ Coyle ~ Coletta ¢// 1611 CO!,I, R COUNTY GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive · Suite 605 · Naples, Florida 34108 · (239) 597-1749 ° Fax (239) 597-4502 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN THAT THE PELICAN BAY SERVICES DIVISION BOARD WILL HOLD A PUBLIC MEETING ON WEDNESDAY, DECEMBER 3, 2003 AT 3:00 P.M. AT THE HAMMOCK OAK CENTER. 8,962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 AGENDA 1. Roll Call 2. Approval of the Minutes of the November 5, 2003 Regular Meeting 3. Public Participation 4. Chairman's Report Concern for County approach to Pelican Bay Priority Waterside/Crayton Road/January 15 Foundation Issues Our Wish List Others Scheduled meeting with Commissioner Hales and Deputy County Manager Leo Ochs on December 8th 5. Sub-committee Reports Budget Sub-committee Preparation of a 5-year "Step I' Budget and 10-year Capital Plan Budget Planning - Step I - Mission and Objectives Budget Planning - Step I - Strategic Programs Clam Bay Sub-Committee Clam Bay Annual Monitoring & Improvement Schedule Annual Report Presentation Clam Pass Interim Monitoring 6. Administrator's Overview Red Flag/Green Flags Capital Projects U.S. 41 Median Landscaping Gulf Park Drive Irrigation and Landscape Improvements Oakmont Lake Bank Improvements ~,: .1 ..... Community Issues Cannes at Pelican Bay - Gulf Bay Development Sidewalk Overlays and Repairs Easement Encroachment 7. Committee Requests 8. Adjourn "~ All interested parties are invited to attend, to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. Any person who decides to appeal a decision of the Board or quasi-judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Pelican Bay Services Division Office at 597-1749. 1611 MINUTES PELICAN BAY SERVICES DIVISION BOARD MEETING November 5, 2003 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, November 5, 2003 at 3:00 P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. James Carroll (Chairman) Mr. Glen Harrell (Vice Chairman) Mr. M. James Burke Mr. John Domenie Mr. John laizzo Mr. David Nordhoff Mr. David Roellig Mr. Donald Spanier Mr. Edward Staros Mr. Christopher Sutphin Mr. George Werner ALSO PRESENT: Fourteen (14) Pelican Bay residents; Mr. Tim Hall, Turrell & Associates; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 1. Roll Call 2. Approval of the Minutes of the October 1, 2003 Regular Meeting 3. Public Participation 4. Chairman's Report Jim Ward Situation Meeting with Collier County Commissioner Frank Halas and Deputy County Manager Leo Ochs Communications Pelican Bay Foundation Cooperative Elements Oakmont Parkway Extension Turnover Foundation Meeting Issues 5. Sub-committee Reports Budget Sub-committee Preparation of a 5-year "Step I" Budget and 10-year Capital Plan Budget Planning - Step I - Mission and Objectives Budget Planning - Step I - Strategic Programs Clam Bay Sub-Committee Clam Bay Annual Monitoring & Improvement Schedule Hydrodynamic Modeling and Analysis Annual Report Presentation Cattail Area Restoration Seagate Culverts 6. Administrator's Overview Red Flag/Green Flags Capital Projects Cannes at Pelican Bay - Gulf Bay Development U.S. 41 Median Landscaping Gulf Park Drive Irrigation and Landscape Improvements Oakmont Lake Bank Improvements Community Issues Sidewalk Overlays and Repairs 7. Committee Requests 5367 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 1611 8. Adjourn ROLL CALL Mrs. Smith asked that the Record reflect all members present. APPROVAL OF THE MINUTES FOR THE OCTOBER 1~ 2003 REGULAR MEETING Mr. Werner asked, "On page 5356, the Minutes state that we are reimbursing the Tourist Development Council $34,000; is that true or does it go to the County"? Mr. Roellig replied, "In a sense it does reimburse the Tourist Development Council". Mr. Carroll asked, "Do the Minutes need to be corrected"? Mr. Werner replied, "No, that is how the Minutes read". Mr. Roellig stated, "Page 5352, third line from the bottom, should read "provide nourishment to Vanderbilt Beach and to a point approximately 1,500 feet south of the Sandpiper". Mr. Werner moved, seconded by Mr. Sutphin and approved unanimously the Minutes of the October 1, 2003 regular meeting subject to the above referenced change. PUBLIC PARTICIPATION Mr. Ted Raja - St. Raphael - "Mr. Chairman, I wrote a letter to you on October 16~h and I was wondering if that had been received and distributed to the Board"? Mr. Carroll replied, "It was received and it was distributed". CHAIRMAN'S COMMENTS JIM WARD SITUATION .Mr. Carroll stated, "1 am sure that you have all read the ethics complaint responses". I would like to think that this would end it, but I know better and I guess all of you do too. I am certainly pleased with the results of those comments and I would like to think that we were done with this, so that we could get on with our business, but I don't think that we are. Mr. Carroll continued, "1 did receive the letter that Dr. Raja wrote and I have no intention of responding to it". What amazes me is the way that outsiders, including the press and some of our own community people, attack Mr. Ward instead of the real culprit. We all know that the real culprit is the developer, but the attack is directed towards Mr. Ward, who had essentially nothing to do with the change from the two-tower approach to the monster that we now have. I would like 5368 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 J. to applaud the Foundation for directing their thoughts and legal activity to the developer, where I think it belongs. Mr. Werner stated, "1 have been on this Board for nearly eleven years and I have never seen any architectural plans for projects". We have seen footprints when they may have encroached into a water management easement, but I don't understand what this is all about. I have no understanding why, when Mr. Ward receives plans and submits them to our engineer, who says they comply with the easements, etc., that all of the sudden that is a Conflict of Interest or a perception of a Conflict because Mr. Ward also has a contract with Fiddler's Creek. That is stupid and I don't know why they keep riding his horse; it is a waste of time, but we have to deal with it. Mr. Carroll stated, "It is a waste of time, but unfortunately we are all having to spend time on it". Mr. Sutphin stated, "For the benefit of the Board and the audience, the article I wrote for the mid-month issue of the Pelican Bay Post contains excerpts from the Pelican Bay Plan Review and Submittal Manual, which hopefully, if people read it, will again clarify specifically what responsibilities this Board does and does not have for project reviews. It very specifically restricts the approval authority of the Pelican Bay Services Division to water management issues. Mr. laizzo stated, '~/ater management is the whole issue". Mr. Carroll replied, "1 understand what you are saying, but I get the impression that those who are attacking Mr. Ward are not paying attention to that". Mr. Burke stated, 'q'he whole Cap d'Antibes issue has bothered me from the very beginning". Ever since we took the vote months ago to not get involved because we were afraid we would get sued as individuals, I haven't made mention of this situation to anybody, family, private or public. Every time I think I am getting ready to make a statement, there is something new in the paper about an ethics investigation. I didn't want to throw any more red meat to the hounds that are already nipping at us. I have sat in this environment for a couple of years and I have been told that if I pass Mr. Domenie on the beach and anybody thinks we are talking about business, I could be in a violation of the Sunshine Law. I believe we were all surprised when this 5369 PELICAN BAY SERVICES DIVISION BOARD 1 ~.~ ! ! November 5, 2003 investigative team informed the public that Mr. Ward and his company received compensation from Gulf Bay. I don't know if anybody on the Board was aware of that. I certainly wasn't. I went back to the contact and saw the list of all the communities that they represent, so I am wondering if we can get on the offensive on this issue and maybe ward off some of these hand grenades that are being thrown around? Would it make sense that Mr. Ward and his company provide us with a list of the communities they represent and inform us of any possible surprises that may come up in the future, if they think there are any? They could also say there aren't going to be any more surprises. I am not looking for anything here, but I am getting tired of sitting here and having these surprises thrown in our lap. Is there a way we could get ahead of that curve, so that it doesn't happen again? Mr. Carroll replied, "1 don't know". Mr. Ward do you have any comments on that issue? Mr. Ward replied, "Certainly, I have made it clear in all of the years that I have been in this business, that I represent community development districts across the State of Florida". As a company, we represent over 150 community development districts, including most every single one of them within Collier County. When a District is established, whether it is at the local level or by the Governor and Cabinet, we publicly identify who those clients are. I don't think there is much question with respect to that issue and I can tell you I would have never thought anyone could ever think that there would be a Conflict of Interest because I represent any community development district in this Sate, irrespective of who the primary developer is. I certainly can provide you a list of our clients in Collier County, with respect to our client base and it is a matter of public record anyway. It is always provided to the County, as a matter of record at the date of establishment and is not something that you couldn't find out if you went to the State website and looked at the list of Districts and who we represent. Mr. Carroll stated, "1 thought that one rather routine thing that we ought to do is to ask Mr. Ward that any time he approves a water management plan, that he bring it to us and provide us the courtesy of hearing it". This would avoid his being attacked because it was not brought before us. Whether he needs to or not is another subject. Mr. Ward, I would like you to put that into your system so that you do bring those before us. We do have the Cannes project that has 5370 NovemberPELICAN BAY SERVICES DIVISION BOARD 5, 2003 16 Jl_ been submitted and we will get to that later and is an opportunity for us to observe and at least avoid any accusations. Mr. Roellig stated, "As a matter of policy I think we should respond to letters we get, including Mr. Raia's". I don't think we need a response to every point that gets raised, but every property owner should get an acknowledgment that we have received their letter. Mr. laizzo asked, '~Vhat letter is that"? Mr. Carroll replied, "Mr. Raja sent us a letter approximately two weeks ago and Mrs. Smith distributed it to everybody". Mr. laizzo replied, "1 don't think I saw it". I never got that letter. Mr. Harrell stated, "1 got it". Mr. Carroll asked, "Did everyone get the letter"? The response from the Board, with the exception of Mr. laizzo, was that they had received it. Mr. Domenie stated, "1 have been distressed at the letters that have appeared in the Naples Daily News". I don't know whom the people are trying to influence, but if it is to inform the people of Pelican Bay, we have the Pelican Bay Post. People who are not here during the summer do not get the Naples Daily News. This is unfortunate because it puts a black eye on Pelican Bay at a time when we need cooperation from the County Commissioners on other problems that we are facing. I think letters written to the Pelican Bay Post are great, but I don't think we ought to wash our dirty linen in public. Mr. Carroll replied, "That is a good comment". I can't see where the Naples Daily News writing an editorial once a week is in the best interest of our community at all. MEETING WITH COLLIER COUNTY COMMISSIONER FRANK HALAS AND DEPUTY COUNTY MANAGER LEO OCHS Mr. Carroll explained, "1 am not going to go into great deal, but I think it is desirable for you to know that we are meeting and bringing issues to their attention". I am finding the meetings with Commissioner Halas to be quite helpful and he appears to be very interested. Commissioner Halas has asked Mr. Seblatnigg and myself to do this on a regular basis. 5371 November 5, 2003 w ~ Mr. Carroll stated, "Some of the issues we brought up are that the Foundation has been having a difficult time getting permits and Commissioner Halas was surprised that it was taking six months to get a bar addition at the Sandpiper approved and said that he would help if needed. I am wondering if Mr. Kinney or Mr. Trecker knows if the Foundation did get that permit? Mr. Kinney replied, "1 just got off the telephone with Agnoli, Barber and Brundage before I came into this meeting and the County is issuing the permit tomorrow". That is after thirty (30) days of phone calls morning, noon and night to push this agenda through. Mr. Carroll stated, 'q'hat is an example of where that permit took six months". Commissioner Halas and Mr. Ochs were both rather surprised that this permit would take that long. I think it is of particular interest to the Foundation that the Community Center expansion not take a full year to get permitted. If these things stall, we hopefully will have a couple of people who might be able to help. I am not that optimistic and you can tell that Mr. Kinney is from Missouri on that one too. Mr. laizzo asked, "Can Mr. Kinney tell us the normal turn around time on previous permits that have been requested"? Mr. Kinney replied, "Six to eight months would be norm if we had to go through the state permitting process like we did to rebuild the handicap ramp or to do the decking expansion". In this instance we walked into the County offices with a State waiver saying that they had no interest whatsoever, it is an insubstantial change, to proceed at will and go straight to the County, which is what we did. The State responded within thirty (30) days, but it still took six months to get the permit out of the County. There was massive stalling and a lot of double talk about why we weren't getting the permit. We would address an issue and all of the sudden there would be a secondary issue. When that secondary issue would get addressed they would go back to another issue. It was extremely frustrating and will ultimately upset our community because we are going to proceed with the project and here we are in November. We should have celebrated the grand opening on Halloween. Mr. Domenie asked, "Is there a time line that you have to start the construction before the permit lapses, or can you hold off until May"? 5372 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 1611 Mr. Kinney replied, 'q'his project is scheduled to be started and completed within four weeks". It is such a minor project and I am embarrassed that it took this long at the County level to do a four-week project. There was no footprint change; it was an expansion on the existing deck where we had a variance from the County in 1997. There were people in County office that did not approve of that variance in 1997 and were trying to fight us on that issue. It took a lot of pressure and consulting money. The Foundation had Agnoli, Barber and Brundage, Brett Moore and Tim Hall all working on this project. At one point it went to the County Attorney's office for review. How ridiculous is that for a small bar expansion where the variance has already been granted? Mr. Carroll stated, '~/e are hopeful that we will be able to do something about this and will report any progress or lack thereof in the future". Mr. Carroll continued, '~Ve did discuss the north parking garage and there seemed to be general agreement to build a two-story garage". Mr. Staros replied, 'q'hat is true". Mr. Carroll indicated that Commissioner Halas was enthusiastic about that solution. Mr. Staros stated, 'q'he garage is going to be much smaller than the original design". At one point it was going to be a 600 car, five-story facility. Now it is a two-story garage for parking approximately 300 cars. Mr. Carroll stated, "Commissioner Halas did mention that he was having a monthly meeting with interested Presidents and representatives of different organizations within his district". Both Mr. Seblatnigg and I mentioned our organizations and he was quite anxious to have us participate. I would like to ask Mr. Burke to attend their next meeting on November 12~h at 8:00 A.M. at St. John's Church. I would appreciate your evaluating that meeting for us. I believe the Foundation is also going to send a representative. That is a district-wide meeting and is not just Pelican Bay. Mr. Carroll stated, "In the meeting with Mr. Ochs, we discussed some of these same issues and also the division of responsibility that we have in Pelican Bay". This was an educational process that I was involving myself in just to be sure he understood how we operated 5373 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 1611 in Pelican Bay with the Foundation, the Pelican Bay Services Division and the County. I think that was helpful to Mr. Ochs. Mr. Carroll continued, "VVe did alert Mr. Ochs to the Oakmont Extension problem". He was not really attuned to it, but this is one we are anxious to see happen. The program is underway and is being worked on by Mr. Kinney and Mr. Ward. Mr. Ward has written the following about the program: "The Agnoli, Barber and Brundage Engineers have been retained by the Foundation to prepare the turnover documents required and the Pelican Bay Services Division will assist in preparing the section of the report dealing with long-term operations and maintenance". The two organizations are trying to put this together and have all of the paperwork ready to go when we meet with Mr. Feder. Mr. Ochs was brought up-to-speed on that issue and hopefully will help us if we need help in moving it along. Mr. Carroll stated, ''The next item I have is the communications letter that I sent to each of you and is a follow up to the discussion we had at the last meeting where I expressed concern for our coverage and location in the Pelican Bay Post". I did meet with Mr. Kinney and Ms. Bush, who are the people that run the Post for us. At that time Ms. Bush had not covered it with her Board, but she has since done that and they are in agreement with changing the presentation in the Pelican Bay Post so that we will hopefully get a better position. There is little question that the Foundation has first priority, but they have assured us that we have second priority, which I think is good. Mr. Carroll continued, "In summary, what I would like to see done in order to improve our communications with the people in Pelican Bay is that first of all, I would like Mr. Sutphin to continue reporting on the monthly Board Meetings". I have been surprised about the very long lead-time that is required before the information gets into the Post. In other words after our meeting today, your deadline for the early December issue is Friday, November 7th. Mr. Sutphin stated, "As a real time communication,' the Pelican Bay Post is virtually useless". The report on today's meeting is going to come out four weeks after the meeting, so it loses any real time relevance in terms of keeping the community informed as to what is going on 5374 PELICAN BAY SERVICES DIVISION BOARDNovember 5, 2003 1~ J l_ and I don't have an answer to that. Unless, as part of your negotiation, the Post can reserve a fixed amount of column space for us, for at least a part of our monthly input. Mr. Carroll replied, "You would still have the same editorial deadline". Mr. Sutphin replied, "No, I think part of the problem is layout and making things fit". It certainly doesn't take four weeks to put it in whatever format they use to produce the newspaper. If they are using offset of some description; that probably takes twenty-four hours. I am suggesting that if perhaps they are going to allocate us twenty-four column inches, that we be allowed to fill at least part of that closer to the publication date, rather than four weeks in advance. Mr. Carroll replied, "1 think that would have to re-enter negotiations". Mr. laizzo asked, "Are we looking for space or an extension of time"? Mr. Sutphin replied, "An extension of the time". To use it as a primary communications vehicle to the residents of Pelican Bay, it is worse than last week's news; it's last month's news by the time they read it. That is the point and I assume the Foundation has the same problem. Mr. Carroll stated, "^ lot of what we write to the people is not time sensitive; we are just trying to keep them up-to-date on what our Division is doing". I have some sympathy for what you are saying, but I am not optimistic about that. Mr. Sutphin replied, "1 didn't assume that you would be". Mr. Carroll stated, "1 would like to next go to the two Sub-committee's". I would like Mr. Roellig and Mr. Sutphin as Sub-committee Chairmen to either write, or have someone on your Sub-committee prepare, a monthly activity write up. The early December issue editorial deadline is November 7th, but the mid-December deadline is November 21st, which would mean that we could get coverage in both issues. The mid-term edition was hard to do because the meeting was covered in the early issue. The two Sub-committees have much to say and I would like to leave that with Mr. Roellig and Mr. Sutphin to either prepare the articles yourself or ask one of your people to do it. I also mentioned that I would like to ask' for special reports to be written on occasion about some particular issue and what I had in mind was having Mr. Harrell write about the Waterside Shops update. I must get asked twenty questions a week about that issue and I don't know the answers. 5375 PELICAN BAY SERVICES DIVISION BOARD November5,2003 1 ~t I ,L Mr. Harrell replied, "1 would like to think there is not enough lead time, but the way it is going there will be plenty of time". The Collier County Planning Commission is now scheduled for November 20th and the Board of County Commissioners will hear it on December 2"d. Clearly, if I wrote something and got it in by the end of the week, it would be after the Board of County Commissioner's scheduled meeting when it got published. Mr. Carroll stated, "You could write something for the November 21st deadline, which would be one day after the Planning Commission Meeting". Mr. Roellig asked, "1 thought we left this issue where Mr. Ward was going to check out the costs for doing our Pelican Bay newsletter"? Mr. Carroll replied, "The $6,000-$7,000 scared all of us". Mr. Roellig replied, "It didn't scare me because I am concerned about so much stuff being in the Pelican Bay Post that I don't think the people will find what we put in the publication". Mr. Carroll replied, "We have to try". Mr. Roellig replied, "1 don't mind trying, but you certainly don't throw mud at anybody who buys ink by the barrel". I thought the last issue was very poor, particularly considering the kind of articles that it contained and the large influx of people we have coming back to Pelican Bay. The first thing they read is about how our Chairman is wrong about something, etc, etc. I don't think it is that useful, but I am willing to give it a try. Mr. Carroll replied, "1 would like you to give it a try". With the comments you just made, are you just talking about your Sub-committee activities or are you talking about the paper in general? Mr. Roellig replied, "The paper in general". Mr. Burke stated, ''This is just a side comment, but the activities of our Sub-committee are covered very well by Mrs. Potter". I always turn to her column to read what we did. She is so good at it. Mr. Carroll replied, "Yes, and I did talk to Mrs. Potter about that". I think there is some coordination that is needed, because you will not want to write something that Mrs. Potter is going to cover. 5376 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 ~ Mr. Roellig stated, "1 have no problem with what Mrs. Potter writes". Mrs. Potter is a good writer, she provides good thought and writes in an up-beat manner and if she has criticism that is bad, I have no problem with that. If we happen to look at the same situation from different eyes, I don't have a problem with that either. I have no inclination whatsoever to influence what she writes. Mr. Carroll replied, "1 think the only thing you would want to avoid is both of you writing about the same issue". Mr. Sutphin asked, "As a matter of policy and this is very important to the Budget Sub- committee, do you want publication of anything in the Pelican Bay Post that the Budget Sub- committee has discussed and agreed on as a Sub-committee, that has not been approved by the Pelican Bay Services Division Board"? Mr. Carroll replied, "1 understand your question and that is a risky thing". Mr. Sutphin stated, 'q'he reason I bring that up is that nearly everything that we do will result in something of a financial nature being presented to this Board for approval". Mr. laizzo stated, "I think the information getting out to the community is worthwhile because the feedback will come and we will know how to approach the problem when we get to the Board". Mr. Sutphin stated, "1 agree with that, but I am looking for a policy statement in this instance". 'Mr. Carroll replied, "1 think I am willing to take the risk and have you write it that way". You could add a disclaimer about the item being covered at the next Board Meeting. The Foundation does have a policy statement and I will provide a copy of it to Mr. Sutphin and Mr. Roellig. Mr. Carroll continued, "As you know, I attend the Foundation meetings where the berm ownership has been a very important issue and we now feel we have it resolved". I would like to clarify something, because I was certainly unclear about it, and that is that there has never been an issue about who owns the land under the berm. The Foundation owns the land under the berm and that is not an issue. The issue has been who owns the berm itself. After lawyers have 5377 PELICAN BAY SERVICES DIVISION BOARDNovember 5, 2003 reviewed this and talked it out, we can now feel confident that the Foundation owns the berm. I think that is a significant point. Mr. Domenie asked, "Does that mean that the maintenance of the berm is the Foundation's responsibility"? Mr. Carroll replied, "No, the Services Division has extensive easements". For example, we have right-of-way, drainage and water and sewer easements and will continue to have these easements. That will not change. As I understand it, what we are doing will continue and having the Foundation own the berm will have no real impact on that. Is that right Mr. Ward? Mr. Ward replied, "1 don't think it has any impact, I just need to point out that is a legal opinion that has been provided by the County Attorney's office and by Ms. Lisa Barnett, the Foundation's attorney". We will assume that is correct, but it is inconsistent with what we have done before and we will leave it at that. Mr. Werner stated, "1 don't understand the controversy". Mr. Carroll stated, 'q'he controversy was that it was not clear who owned the berm". Mr. Werner asked, "Between whom"? Mr. Carroll replied, "Between the Foundation, the Pelican Bay Services Division or the County". Mr. Werner asked, '~,Vas there no private landowner involved in the potential ownership of the berm"? Mr. Carroll replied, "Not that I was aware of". Mr. Domenie stated, "1 thought there was a high rise that owned part of the berm and some years ago an easement was obtained through that". Is that correct? Do they still own that land? Mr. laizzo stated, '~/Vaterpark Place is the property that was sold to Gulf Bay by WCI in 1994". There was a resolution and settlement made in 1997 between Gulf Bay, Waterpark Place and the Foundation. Gulf Bay decided to provide an easement behind Waterpark Place to the Foundation and in return for that easement the Foundation kicked back $25,000 to Gulf Bay for their expenses. There is another agreement between Gulf Bay and Crown Colony on the St. 5378 PELICAN BAY SERVICES DIVISION BOARD 1 ~.,~ I! November 5, 2003 _ w - Bart's building, which is now Cap Ferrat. Cap Ferrat was to be redesig?ed and the thirty-six (36) Iow-rise units were going to be replaced with a retention pond to mitigate storm water runoff. Gulf Bay had agreed to provide landscape plans for the U.S. 41 median and to finance an application process for possible state funds to be used for implementing this landscape plan. Gulf Bay also agreed to contribute the Foundation money to the Pelican Bay Property Owners for landscaping of the U.S. 41 medians. However, the conditions were contingent on Gulf Bay being able to increase building heights. On the remaining parcel, Gulf Bay wanted to be able to raise the heights, but increase the total number of units to be built. I don't think they ever got the fifty feet they were asking for and now it is possible that they are reneging of the water retention for Crown Colony. There is still an easement, but the Foundation does not own the berm property. Mr. Tracker stated, "Mr. Warner you were asking about the significance of the ownership of the berm and the significance at the time we asked the lawyers to sort it out was not academic in nature". We simply wanted a clarification because there was one school that assumed the Foundation owned it and another school that said the County owned it. Since then, the beach access issue has come into prominence and accordingly, the Foundation has felt that it is important that private ownership of the berm be established. As far as the Foundation is concerned, and we owe a debt of gratitude to Mr. Carroll who helped resolve this question, is the establishment of private ownership as opposed to County ownership of this very important access point to the Pelican Bay beaches. ~Mr. Carroll asked, "Is there some particular piece of the berm that has been referred to that is still in question"? Mr. Tracker replied, "Yes, that is correct, but it is not County ownership, it is private ownership". Mr. laizzo asked, "Do we have ownership or an easement behind Waterpark Place"? Mr. Trecker replied, "My understanding is that porti(~ns of the berm behind Waterpark Place were deeded to Gulf Bay, who in turn granted easements to Waterpark Place and the Foundation". Again, it is still private and not under County ownership. 5379 . 1611 November 5, 2.003 Mr. Warner stated, "1 think you misunderstood what I said". I was asking what the controversy was between us, the Foundation or the County? I thought it was an issue of someone else owning parts of the berm and that is what I wanted to understand. Mr. Carroll stated, 'q'he last item I have is about the hiring of Dr. Jim Carter as a Government Affairs Consultant". I asked Mr. Ward a question the other day about whether we could ask Dr. Carter to come to our meetings if there was some particular research that he had done for the Foundation or would we get into having to go to bid? Mr. Ward stated, "1 essentially told Mr. Carroll that under State law, there is an exemption for lobbyists and you could retain someone to do what Dr. Carter is now doing for the Foundation". However, that might be precluded by what the County has in place with respect to hiring lobbyists. I have not had the chance to talk to. the Purchasing Department about that issue. Mr. Carroll stated, "1 don't want to borrow trouble". I can see that Dr. Carter working for the Foundation would develop some information which might be of interest to this Board and if we invited him, would that be a problem? Would you help us resolve that problem? Mr. Ward replied in the affirmative. SUB-COMMITTEE REPORTS BUDGET SUB-COMMITTEE PREPARATION OF A 5-YEAR "STEP I" BUDGET AND 10-YEAR CAPITAL PLAN Mr. Sutphin reported, 'q'he Budget Sub-committee Report for today's meeting is really the presentation of an approach to establishing a Preliminary Five-Year Budget and Ten Year Capital Plan". This is the first manifestation of the work of the Sub-committee over the past few months in this area. If you recall, the Board at a prior meeting, approved a three step planning process for the future and this is the first step. What I would like to do today is four-fold. First of all, review the Mission and Objectives and with any amendments that the Board sees fit, secure your approval for that. Secondly, planning premises that I would like to provide to Mr. Ward and his staff to use in establishing this first-cut five-year plan. Thirdly, 'to have the Board vote Yea or Nay on these strategic programs that have been identified by both the Sub-committee and individual members of the Board, based on my solicitation for inputs from each Board member. I strongly recommend that we not debate these programs at this meeting. If the majority of the Board 5380 PELICAN BAY SERVICES DIVISION BOARD 1A!1 November 5, 2003 wants to see them included in the first cut plan, fine. If the majority does not, then they will be tabled indefinitely. Lastly, I would like to get Board approval to task Mr. Ward with two short- term programs, which I feel are essential for my Sub-committee to begin work on the Fiscal Year 2005 Operating Budget. BUDGET PLANNING - STEP I - MISSION AND OBJECTIVES Mr. Sutphin stated, "The Mission and Objectives which are contained in your Board Package was reviewed". I incorporated your suggestions and also incorporated the specific change in an Objective that was suggested". Those are the Mission and Objective Statements that you see before you. Mr. Carroll asked, "Are you talking about the Mission statement only right now"? Mr. Sutphin replied, 'q'he Mission and Objectives, not the strategic programs". Mr. Carroll stated, 'q'he next to last Objective is to work closely with the Foundation to ensure a commonality of objectives .... ". Do you need anything like that in the Mission Statement? Do we need any statement that says in conjunction with the Foundation or does the Objective cover that? Mr. Sutphin replied, "1 don't know". It suddenly becomes clear, as we look towards longer term planning, that in many areas if we are not in sync with the Foundation, then one of us is going down the wrong road. I just think it makes good business sense, in terms of long-term commitments for infrastructure improvements, that we have a common view of where we want to be headed. Mr. Carroll stated, "1 don't think there is any disagreement on that at all". Is there any feeling that we need to add a sentence to that effect in the Mission Statement, or does the Objective do the job? Mr. Nordhoff replied, "1 think the Mission Statement is clear and leaving it as part of an Objective is a way of getting it done". Mr. laizzo asked, "Are we going to get this information out to the community"? Mr. Sutphin asked, '~Vhat information"? Mr. laizzo replied, "The planning that we are doing". 5381 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 Mr. Sutphin replied, "Of course". That is one of the reasons that I want to try and move this process along, particularly in terms of a five-year plan that is going to have implications in terms of non-ad valorem assessments and ad valorem tax rates. Also, for a Ten-year Capital Plan, well in advance of the drop-dead date when this Board meets to approve an Operating Budget, which is the situation we have historically found ourselves in. Whether it is by community meetings or articles in the Pelican Bay Post, I think it is extremely important to share the benefits of our thinking with the community, particularly in areas where high spending is indicated. Mr. Domenie stated, "After the discussions at the Sub-committee meeting about "Better and Best", I like the use of "Top Tier" that you have chosen". The defined levels and defined standards have not been set. Mr. Sutphin replied, '`That is this Board's job". IIMr. Sutphin moved seconded by Mr. Werner and approved Ii I unanimously that the Mission Statement and Objectives be l approved as written". Mr. Sutphin stated, '`The second item I would like Board approval on are the planning premises, which are really the guidelines for Mr. Ward to use in preparation for what I would call a "First- cut, Top-down budget". The first is that levels of service are consistent with the approved objectives, in general terms, with costs adjusted for inflation and any external factors. By external factors, I mean that if we know that Social Security Tax is going to increase three years from now because Congress said so, then those economic assumptions are incorporated in the planning premises. Basically, this part of the process as envisioned, is totally top-down. Mr. Ward simply needs some guidelines to work with, both internal and external. On the revenue side, Mr. Ward will come up with some projected increase in residential units because there are properties under construction. There is an historical base to be used in terms of the increase in assessed valuation in a community that can be used for planning p~rposes. I would like the Board's approval to use those planning premises. Mr. Spanier asked, "1 don't understand what you mean when you say, "Capital requirements to be dimensioned using a "Top Down" approach". 5382 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 Mr. Sutphin replied, "As an example, by our next meeting, if we are going to come up with a Ten-Year Plan to provide beach renourishment, Mr. Ward does not have time to go out and get quotations to renourish the beach. Mr. Ward has a database that says to renourish three miles of beach it is going to cost "X" million dollars. That is "Top Down". That is over a period of time and is not approval to spend it, but it is the basic information to present a first-cut Ten Year Capital Plan to this Board. Mr. laizzo stated, "You are just scoping out the costs". Mr. Staros stated, "It is an educated guesstimate". Mr. Sutphin stated, "As an example, if Mr. Staros is going to build a new hotel in five years, he has people that will come up with a number for what a 500 room hotel is going to cost". Mr. Staros replied, "Yes, a guesstimate of how many thousands of dollars per key". Mr. Carroll stated, "1 had trouble with that same phrase". Are there some different words you can use? Mr. Sutphin replied, "You don't have to approve words". Mr. Spanier stated, "It is not going to be clear to people who read it". It is not a phrase that I commonly encounter. I understand what you are saying that we are going to depend upon Mr. Ward's professional databases to make the first-cut for purposes of the Board's consideration of possible costs. I think we ought to do something with that "Top Down" phrase. Mr. Domenie asked, "These estimates will change from year to year as you update it, right"? Mr. Sutphin replied, "Yes". By "Top Down", I mean if the consensus is that the United States is going to have an inflation rate of 3% per year that is what Mr. Ward uses in the plan for US. Mr. Carroll stated, '~Nell give us some other words". Mr. Sutphin replied, "Best internal and external data available". Mr. Sutphin moved, seconded by Mr. Burke and approved unanimously to approve moving forward with the formation of a Five Year Plan and Ten Year capital plan using the "Top Down" approach (clarified by discussion to mean "Best internal and External estimates available"). I 5383 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 161! BUDGET PLANNING -STEP I-STRATEGIC PROGRAMS Mr. Sutphin explained, '`The next item I would like the Board's approval on are what I would call "Two Tactical Programs", which I think will provide us the ability to do some detailed planning for the Fiscal Year 2005 Operating Budget when the time comes. The first of these is to evaluate the outsourcing of Community Beautification and Water Management. The reason I feel this is extremely important is that labor and contracted services and a couple of key operating supplies account for the predominant share of non-capital spending in our Operating Budget. The obvious alternative to doing it internally is to consider outsourcing it. My gut tells me this is not going to be a viable option, but Mr. Ward has mentioned cost per square foot in other communities at varying times and I am suggesting that Phase I of this be a formalization of that comparison. A comparison of costs in Pelican Bay, using a County workforce and internal management, versus comparable communities who use a variety of other methods of getting their beautification and water management programs completed. Mr. Carroll stated, "Mr. Ward, I believe this was done some years ago in some detail". Does that mean that you simply go to that old study and update it or do you start from scratch? Mr. Ward replied, "1 start from scratch". Mr. Spanier stated, "1 had made a comment at a prior meeting about the level of satisfaction I had in the management of storm water and the avoidance of flooding in the community during the abnormal September rains". It is not clear to me how we could contract that public safety related responsibility to a private operator if we had a flood in Pelican Bay as a result of conditions such as we had in September. Will the contractor assume the liability instead of the County, through this Board? Mr. Ward replied, "No". One aspect is the operations and maintenance of the day-to-day job of going out and treating the lakes that can be contracted out. The second part is the health, safety and welfare end of the business and I am not comfortable with contracting that out, but that has to be taken into consideration in the evaluation process that you will go through with respect to this Budget. Even if you choose to go to outsourcing of the Water Management Operations, 5384 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 you are still going to have a cost relative to the health, safety and welfare issues that you mentioned a second ago. Mr. Carroll asked, "Mr. Ward, is Mr. Spanier raising a point which says that this is just an exercise and that we know the answer because of this health, safety and welfare aspect"? Mr. Ward replied, "No". Mr. Sutphin stated, "1 think this study is going to show that this is not something that we should take further, but I think we would be remiss if we didn't go through this step". Mr. Ward replied, "1 think it is a brilliant idea and you need to do it". Mr. Domenie asked, "If we go to an outside contractor, we have to go through a bidding process is that correct"? Mr. Ward replied, "Yes". Mr. Domenie asked, "Do we also have to address whether we lose flexibility of shifting our employees, who one day are doing cutting, to suddenly doing something with water management"? I think you should address that question. Mr. Ward replied, '~'here are a number of issues that need to be addressed". IMr. Sutphin moved, seconded by Mr. Werner and approved I unanimously for Mr. Ward to prepare a comparison study I for presentation to the Budget Sub-committee on November I 13, 2003. Mr. Sutphin stated, "Item #2 is an issue that we have talked about for two or more years and that is to consolidate the Pelican Bay Services Division Offices with the Foundation and there has always been a reason why we could not do it now". I am bringing this up because I think it presents an opportunity to potentially save administrative costs to share functions and to fulfill the objective of working closely with the Foundation. I am recommending that we come up with a plan and get it done and I placed a March 1,2004 timetable on the program. Mr. Spanier stated, "1 agree that this is a critically important long term planning issue". It is not clear to me from this short paragraph whether you are simply considering the physical juxtaposition of offices in a common facility or consideration of some degree of merger and consolidation of organization and workforce. What is your thinking? 5385 NovemberPELICAN BAY5, 2003SERVICES DIVISION BOARD I ~ ~ 1 Mr. Sutphin replied, "At this stage, I think you must do the physical consolidation and have it up and running for some period of time before you can optimize what you are talking about". Yes, I do feel that is a critical benefit of doing this consolidation. If there is no synergy, I would not do it to save a couple of hundred dollars in rent. I think it goes beyond that. Mr. laizzo stated, "1 view it as when this new building is put up we will provide some office space to the Pelican Bay Services Division". Mr. Spanier replied, "1 don't think that is in the plans". Mr. Carroll replied, "1 don't want to get into that, I just want to focus on bringing the organizations together". Mr. Roellig asked, "Can we ask the landlord what their opinion is"? Mr. Carroll replied, '1 don't like the March 1, 2003 date, I think it can be done a lot sooner". Mr. Domenie asked, "Is our lease up on March 1,2004"? Mr. Carroll replied, "Mr. Ward has indicated that we can take care of the lease at any time". Mr. Ward replied, "1 think what Mr. Sutphin is trying to get at is that it is an important issue for the community to move forward on and we should try to accomplish whatever the goal is going to be". The details of how we do it and when we do it or where we are going to put everything, will get dealt with over the next three to six months or whatever that time may be. If we need to push the date back or move it forward does not matter at this point. The concept of trying to get the synergies together, with respect to the Division and the Foundation, are really good goals to try to achieve as a part of this long term capital budgeting process that we do. I would suggest you move forward with it. All the questions you asked are good questions, but they really will get answered over the next period of months while we go through the process of evaluating it. Mr. Carroll replied, "Mr. Ward, I disagree with you on the time table". I feel a physical move is important and I would rather not have it ferreted around for the next six months. 5386 NovemberPELICAN BAY SERVICES DIVISION BOARD5, 2003 1 ~ ! 1 Mr. Trecker stated, "The Foundation Board strongly supports the notion of consolidation of offices and we indicated that position some time ago". We support expediting this consolidation and Mr. Kinney can comment on the specifics and the timing projections. Mr. Kinney stated, 'The consolidation of offices would be at the Commons location". We have always called it "One stop Shopping", where you could come in on Foundation business and if you had questions on the Services Division you could walk down the hallway. We actually have a proposed lease that Mr. Ward has presented to us. There is a lot of support for it on our Board and I have been given a green light to try and expedite the move. The thought process always was that this would take place after the community center was built, because the computer resource center that is currently in that location would not be abandoned. There are some discussions to hold with Mr. Ward and we will continue to talk about it and try to work as expeditiously as we can to make that happen. Mr. Carroll asked, "Can you get that done by the first of the year"? Mr. Kinney replied, "County permits will be required for the work that is going to be done". Mr. Werner stated, ~1 am a little uncomfortable with this". I am wholeheartedly in agreement with the concept, but this appears to be authorizing it to be done. I would support it if it said the ~concept" of merging the facilities, but we have a few other things to consider as far as this goes, other than what we have been presented with so far. If we are authorizing to go ahead and make the move, I don't think we have enough information to make that decision. 'Mr. Carroll replied, ''Tell me more about that, I am ready to go right ahead". What else do we need to know? Mr. Werner replied, '~/Vhat is our lease". Mr. Kinney said there would be a lease with Mr. Ward. I don't understand why we would have to pay rent. Why take it out of one pocket and put it in another? I just don't think we should say go ahead and do it. In concept I agree with it and think it is a good idea, but I just don't think we have enough fa(~ts. Mr. Ward stated, "Let me help you a little". Maybe I am reading this a little differently and I see it as a tactical project that we are going to consider. To me, it was to really consider it from a ''Top Down" approach as to how to do it, how to implement it, what the costs are going to be, 5387 PELICAN BAY SERVICES DIVISION BOARDNovember 5, 2003 1 ~ [ 1~ negotiate the lease, etc. The way I am reading it is to proceed forward as expeditiously as possible, to finalize whatever the deal is going to be and then the Board would have final review and approval authority over anything that we do. I couldn't move forward without Board approval. Mr. Werner asked, "Suppose you find that it is not going to work for one reason or another and we are being charged to do it"? You have been charged to do it if you read what it says. Mr. Sutphin replied, "1 didn't see it that way and I did not intend it to be that way". What I had hoped to accomplish was to have the Board vote that it is a good idea, find a way to make it happen and then come back to the Board for approval for those specific actions. Mr. Domenie stated, "March 1 is a fixed date". When you are talking about consolidation you are only talking about the physical offices and not the operations. Mr. laizzo stated, "You have to approve the concept first and then move ahead". Mr. Staros stated, "You need to shuffle the words a little and say, "A preliminary plan to consolidate the Pelican Bay Services Office with the Pelican Bay Foundation". I hear what you are saying and this sort of says that it is a done deal, rather than saying that we should move forward in this direction. Mr. laizzo stated, "1 would remove "consolidation to be completed by March 1,2004" and just say "preliminary plan". Mr. Sutphin stated, "The reason a date was used is that from my experience I have found that if yOu don't put a date on something it goes on forever". There is always a reason to delay it. Mr. laizzo replied, '`There is a preliminary plan date that we could use and then move from that date". Mr. Spanier stated, "The use of the term consolidate is the underlying word and I understand what Mr. Werner is saying". It is a relocation of the Pelican Bay Services Division offices. Mr. Sutphin stated, "1 did not intend for this recommendation to have any organizational inference at this point". Mr. Spanier replied, "1 understand that". 5388 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 Mr. Carroll stated, 'q'his Board needs to deal with the final plan when it is put together and it was not your intention to avoid that step". II Mr. Sutphin moved, seconded by Mr. Domenle and I approved unanimously for Mr. Ward to come up with a I1 I preliminary plan for relocation of the Pelican Bay Services I~ [ Division with the Foundation at the earliest convenient time. Mr. Carroll stated, "Your meeting is just one week away, do you want to provide Mr. Ward more time to come up with a preliminary plan"? Mr. Sutphin replied, "Mr. Ward has advised me that we have the ability to, rather than adjourn a meeting, recess and reconvene at a time certain". If he is not ready a week from tomorrow, then I will ask the Sub-committee to recess and reconvene at Mr. Ward's convenience to deal with that one item. Mr. Carroll replied, "Fine, that way you have an out if Mr. Ward is not ready or it is not complete". Mr. Sutphin moved that the Board approve or disapprove, without the benefit of debate, each of these strategic programs as outlined in the presentation and that the Board also be allowed to suggest programs that are not in this presentation, also to be approved by a simple yes or no vote. (There was no second to this motion nor was there a call for a vote). However, the Board elected to vote on individual programs and there was discussion on each program. Mr. Carroll stated, "1 have never heard of a group like this agreeing to not comment on anything". Mr. Sutphin stated, "Every person has looked at this and has the feeling that this is something that is or is not desirable, without knowing how much it is going to cost". Mr. Carroll asked, "Are you going to go through each item and ask us to vote yes or no"? Mr. Sutphin replied, "Yes, do we want Mr. Ward to cost it out or not"? Mr. Carroll replied, "Let's try the process". Mr. Sutphin stated, 'q'he first one is by far the largest and is a multi-year program to transition Pelican Bay into a gated community with the necessary additions to the infrastructure to 5389 PELICAN BAY SERVICES DIVISION BOARD 1 ~ / November 5, 2003 accomplish this". To identify the possible improvements in the community, which would be desirable if "gating" proves feasible. This is certainly the most ambitious program that is contained in this presentation and is one we have had some discussion on at the Sub-committee meeting and has been mentioned in the full Board meeting. It is probably the one that would require the most extensive interfacing with the Foundation. Year one would probably be no more than studying the feasibility, taking the pulse of the community on whether or not they feel it is a desirable thing to do because it is a major program with political and cost implications. Joint ownership of the program with the Foundation is considered essential and we should not even consider proceeding without it. Mr. Harrell made the comment that it is not the County's job to gate communities and we are a branch of County government, so that is something we should certainly consider. If it is approved it has to have certain bail out points. If it appears that it is politically undoable, we should not spend a penny more and just give up and move on to the next one. Mr. Carroll asked, "Who would do the work, your Sub-committee, is it a new Sub- committee, or what"? Mr. Sutphin replied, "1 don't think so". It certainly could be a new Sub-committee and if this program gets included I think the people who commit to being the champions of it should be the ones with relatively long tenure on this Board. I don't think you want someone who has a year to go to be the champion of this project and then leave it. 'Mr. Werner stated, 'q'his would have to do with last month's Minutes and the rules that we adopted". If one of the Board Members is not particularly in favor of this, but wanted to bring it back at another meeting, then that Board Member should probably vote yes if he felt the majority was going to vote yes, so that he could bring it back. Mr. Sutphin asked, "Mr. Ward, does this qualify for that"? Mr. Ward replied, "Yes it would". Mr. Roellig stated, "1 would object to that". This having a somewhat preliminary vote, I don't think that if somebody votes no that they can't bring up some aspect later. I realize that is a 5390 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 / change from what we discussed, but this is kind of~'W~es~ale,[hange that we are looking at.I am not comfortable voting one way or another just because of parliamentary procedure. Mr. Sutphin stated, "1 am not even sure that it would be relevant because if a yes vote occurred on this program as an example, I don't think you would ever see it again in this identical form". You would see it in pieces and therefore, you certainly could come back". The only thing you are going to be asked to say yes or no on today, is to simply provide Mr. Ward with a list of things to do. Let's not have him spend time on things that the Board is not in general agreement on it being worth pursuing. Mr. Spanier stated, "For clarification purposes, as I read this, this is a very broad caliper master planning process". It appears to me to be the most imaginative comprehensive master- planning project that has ever been mentioned in Pelican Bay. We are not just talking about gating a community; we are talking about the necessary additions to infrastructure, possible improvements to the community, etc. It raises implications of whether we are going to provide a security fence around the community; it raises questions of whether we are doing a streetscaping plan of major magnitude. I gather from everything I have read that there is a general sense among the active participants, thus far in creating the process, that there is the underlying community desire of support for gating Pelican Bay, as sensed by members of our Board and the Foundation. If that is correct, then we have to approach the master planning on an appropriate professional basis. We have to be prepared to authorize our staff, which is a small ministerial group, to bring in the professional consultants, the advisors, etc., necessary to even look at the scope of the problem. To me question one is, am I correct in inferring that the Sub-committee and my colleagues on the Board and those on the Foundation Board, believe there is underlying strong potential support for gating Pelican Bay? Mr. Carroll replied, "1 don't think that we have any idea". Mr. Sutphin stated, "1 guess we are into a chicken and egg situation here". In other words, I am assuming that if the Board decides to pursue this general direction, the first year is a planning year. Mr. Spanier asked, '~Nhat about a year of surveying or sounding of the community"? 5391 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 1511 ' Mr. Domenie stated, 'q'hat is in the first bullet, for property owner buy-in to the concept". In other words, find out if there is a groundswell for it. Mr. Spanier stated, "1 don't think we are selling anything". I wouldn't want anybody to buy into anything. Mr. Sutphin stated, 'q'here was a perception that property values in gated communities increase at a more rapid rate than property values in non-gated communities". That is a very important part of the homework that has to be done before any significant funds are spent. If that turns out to be an invalid premise, then I would question the wisdom of going forward with it. Mr. Harrell stated, "My father used to say everyone wants to go to heaven, but nobody wants to die to get there". If we are having people complain about $60.00 a year per person for security, we have no idea what this is going to cost for taking over County roads or the responsibility for County roads. I don't think you are going to get the community to buy into it, unless you come up with a price tag first. The idea is great and at first blush a really nice thing to do, but at what cost makes it become a whole other ballgame. We are finding that now with security. People are not really complaining about security, but the value of it. Mr. Spanier is right, you have nothing to sell the community but the idea that it would be great, but I believe it is going to be a monumental, on-going expense in both Capital and obligation of responsibility. Mr. Nordhoff stated, "1 serve on this Sub-committee and it appears to me that our challenge is to come up with ideas of enhancing the community and not to stifle those ideas with worry about the cost yet". That will come and I think what we are trying to do here is to come up with things that make sense on an initial blush. We don't know the cost and can't say that it is going to cost too much, because we don't know. Mr. Harrell stated, '%~/e have to go down the path to find out what it is going to cost". Mr. Nordhoff stated, "What Mr. Sutphin is asking for now is an approval to go ahead and start looking at this, which may or may not ever succeed". Mr. Sutphin stated, "It may well be that the political obstacles, in the opinion of whoever is doing the study, are insurmountable". That could well be the case. 5392 PELICAN BAY SERVICES DIVISION BOARD Mr. Staros stated, ~1 sit on the Sub-committee and it is our inte~nt to find out if the community wants this to happen". I think you have to have the green light to at least investigate to see if the community wants it. If the community doesn't want it, then let's bail out and move on. Develop a multi-year program to transition Pelican Bay into a gated community with the necessary additions to the infrastructure to accomplish this. Identify the possible improvements in the community, which would be desirable if "gating" proves feasible. The vote passed on a vote of 8/3 with Messrs. Roellig, Spanier and Werner casting the dissenting votes. Mr. Sutphin stated, "The second issue is to develop a comprehensive multi-year plan to transform the berm area and adjacent wetlands into an attractive area, consistent with the overall ambiance of Pelican Bay". This embodies suggestions from several individual Board Members and includes restoration of areas where sinking is occurring, the restoration of areas where erosion has occurred, beautification consistent with the environment and to work with condominium homeowner associations to establish consistency of landscaping. Identify and implement programs to replace the cattails with vegetation that is attractive and consistent with the desired environment. I have no idea what that is. Cleanup the sludge around the tram berm and dredge a deep channel where required to allow continuous water flow. I envision this as becoming an on-going Capital Program that should be budgeted over a ten-year period. Mr. Sutphin stated, "The next item is to develop a comprehensive multi-year plan for beach restoration and preservation". My recommendation is that we budget capital requirements over a ten-year horizon, assuming no outside funds are available, unless Mr. Roellig has some indication that might be an erroneous promise. Mr. Roellig replied, "It is hard to say how that is going to come out and I will discuss this a little more later". If the County decides to go one half mile south of the Ritz Carlton Hotel and spend 100% TDC money, I don't know how much of a stand we have to say that they can't do it. 5393 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 That is a legal question that I can't answer. If that is part of their plan, I don't think we can stop it and I don't think we would want to stop something that would be of a great benefit to the Ritz Carlton Hotel or any other commercial establishment. Mr. Staros stated, 'q'hat is where the TDC money came from". Mr. Sutphin stated, "1 am not proposing that we stop anything". There seems to be enough controversy about where this TDC money is going, that I think from a budget planning standpoint in a ten-year Capital Plan, that we should assume that if we want to renourish the beaches we are going to have to pay for it. Mr. Carroll stated, '~JVe are going to renourish the beach, whether we get money from TDC or anybody else, because it is vital to our community". Mr. Sutphin replied, 'q'hat is budget, worst case". If it is not worst case, then we don't have to spend the money. IDevelop a comprehensive multi-year plan for beach restoration and preservation with financial planning being contingent on the outcome of the County Commission's decision on the use of TDC Tax Revenues (beach restoration or beach access). The vote passed on a vote of Mr. Sutphin continued, 'q'he next item is to design and install a security fence adjacent to the U.S. 41 berm from Pelican Bay Boulevard North to Pelican Bay Boulevard South". I believe this was Mr. laizzo's suggestion and we have previously talked about security and noise abatement and it is obviously a desirable program to consider doing. Mr. Carroll asked, "Does this propose that we look at the cost and implications of doing that program"? Mr. Sutphin replied, "All we are voting on here is do we put the funds in a ten-year Capital Plan, which obviously has to be reviewed". In Step II of this process, we get a little more certain about the next five years and in the final budget, you are voting on the actual dollars to be spent in Fiscal Year 2005. This is a first-cut look at a five-year budget. Mr. Staros stated, "1 believe it is a good project, but I am not sure I like the wording". It says design and install and I think it should say something to the effect of design and then price it 5394 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 1611 for eventual installation. It is a good project, but it just reads as if we are going to do it, but by the way, how much does it cost? Mr. Sutphin stated, "To design it so that Mr. Ward can estimate how much it is going to cost". Mr. Staros stated, "1 know what the intent is, it just reads as if it is a done deal". Mr. Carroll stated, "Change the word "installation" to "evaluation". Mr. Spanier stated, "My problem is that it appears to me that this is part of the gating package". We have a specific security and sound problem on that berm and I know it is very near and dear to Mr. laizzo's heart and living in Oakmont, near to my heart. The fact is a security fence on U.S. 41 is only one part in the securing of the community. Mr. Carroll replied, "It could be a stand alone item". Mr. Sutphin stated, "Some of these could very well be duplicates". Mr. Spanier replied, "1 will say yes". Mr. Roellig stated, "1 will say no, because I don't think that cost should be spread across the entire community". Mr. Sutphin, "Yes". Mr. laizzo, "Yes" Mr. Carroll, "Yes" Mr. Harrell, "Yes". Mr. Nordhoff, "Yes". Mr. Domenie, "Yes". Mr. Werner, "No". Design and evaluate a security fence adjacent to the U.S. 41 1 I berm from Pelican Bay Boulevard North to Pelican Bay I Boulevard South. Vote passed on a vote of 9/2 with Messrs. I Roellig and Werner dissenting. relate that to the Minutes". Mr. Sutphin continued, "Design and install landscape lighting along the U.S. 41 berm". Mr. Spanier stated, "1 would like to comment on that item and several that follow and I think that the waterscape features, landscape lighting and a few of 5395 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 1611" the other aspects speak to the fact of why we have so many plans and projects in the Community. We don't have a streetscape master plan. The fact is; I agree with Mr. Staros that the streets appear lousy. They appear very mundane and non-professional. That can't be corrected in one year or five years, but as part of a Capital Plan, this Board ought to master plan the streetscape of Pelican Bay. To be able to view a good result, visit the Third Street area. That area is an outstandingly brilliant illustration of how a very mundane collection of retail stores and streets can be turned into a beautiful, value- enhancing asset to the community. I am suggesting that we modify the next four items. Mr. Carroll replied, "Yes, the four items are all more or less the same general subject". I am inclined to take all four together. Mr. Sutphin replied, 'q'hat is fine". It was interesting that they came from four different Board members. Mr. Carroll asked, "All in favor of combing the next four items into one item, so signify". Mr. Sutphin stated, '~/e can simply call it streetscaping". Mr. Domenie asked, "Mr. Ward, what is the width of the roadways in Pelican Bay"? Mr. Ward replied, "Twenty-four feet". Mr. Sutphin stated, 'q'he next item is to come up with a first of what should be a rolling ten-year forecast for the need of replacement capital spending to replace the current infrastructure". Perhaps it should have been the first item on the list. Produce a ten-year rolling forecast for capital spending to replace current infrastructure. The vote passed on a 11/0 vote. Mr. Sutphin stated, 'q'he next item is the same approach to Clam Bay improvements". The need to keep spending money on Clam Bay is going to continue and we need to have a ten- year handle on it. 5396 NovemberPELICAN BAY SERVICES DIVISION BOAR D5, 2003 16 /1 '~ ~ Mr. Carroll stated, "1 think Mr. Ward has put that into our planning, but not ~a ten year basis". Mr. Sutphin stated, '1 started at five years, but Mr. Staros indicated he uses a fifteen year plan and we compromised at ten years". Mr. Domenie stated, "Are we duplicating what we have already done regarding Capital Improvements for Clam Bay"? What is the difference between the two? Mr. Sutphin replied, "No". Page 6 are specific items identified by individual Board members. This last item is much more generic. Mr. Ward is going to come up with some number that we are going to need to be prepared to spend every year, for ten years, to maintain Clam Bay. Continue to Identify and fund Clam Bay improvement projects to maintain and enhance the Clam Bay system. Vote passed on a 11/0 vote". CLAM BAY SUB-COMMITTEE COMMISSIONER HALAS MEETING Mr. Roellig stated, "1 would like to report on a meeting I had with Commissioner Halas with regard to TDC Funding and beach renourishment". The Commissioner is very agreeable when you are talking to him, but it doesn't always show up that way at the Commissioner's meeting. I thought he appeared supportive of our TDC Funding Policy for coastal protection and when the actual Commission Meeting occurred, staff refused to make a recommendation on it and the bottom line is that our plan that had been developed and approved by everybody except one person on the TDC Council, was defeated 3/2. That was not too much of a problem, but the second motion was to charge the staff to come up with a new funding policy and to ignore the advisory committee. Of course, we are under the same Sunshine Laws as this Board and this precipitated several resignations from the Committee and I su. spect there may be more. There is no point in being on a Committee where if you give advice and they don't take it, that is one point, but when they shut you off you wonder what you are doing. I don't know how all of this is going to play out and our next meeting is one-week from tomorrow. (MR. STAROS LEFT THE MEETING AT 5:00 P.M.) 5397 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 Mr. Roellig continued, 'q'here were some aspects of the staff's original funding plan that were actually somewhat more beneficial for Pelican Bay than what the Committee had come up with". Staff did have a blanket across the entire County that TDC would fund 25% of any kind of renourishment. In a sense, just from that specific aspect, we might have gotten more TDC Funding than what the Committees came up with. The real problem is beach access. I think Commissioner Halas is pretty much on the bandwagon with beach access and our problem is that if they want to use TDC money for beach access, the beach access plan would realistically be between $75,000,000 and $100,000,000 and TDC takes in between $6,000,000 and $7,000,000 a year. You would end up with a beach access plan and never have a beach maintenance plan. I don't know how it is going to work out. Mr. Carroll asked, "Is that money for garages"? Mr. Roellig replied, 'q'hey are looking at buying beachfront property". At our meeting there was a proposal for $17,000,000 for property in this general area. Mr. Carroll stated, "1 hope you don't consider resigning". It appears that you have brought valuable input to this Committee because of your membership, but I understand your frustration. Mr. Roellig stated, "1 have to say that I have considered it, but time will tell". It is very frustrating. Mr. Roellig continued, 'q'he positive thing that came out of the meeting is that it was recommended that the County Commission move forward with submitting the application for the beach renourishment". It was recommended that they involve the Army Corps of Engineers in the beach protection project and that was approved at the October 14th Board of County Commissioner's Meeting. Unless they understand what they are looking at, they will be losing some control and we won't really see a project on the ground for ten years, but if you don't start today you won't have it ten years from now. The Federal Government is mainly interested in storm damage reduction, not providing recreation. That will wash out in time and I think it is important to gets those things going. ANNUAL REPORT PRESENTATION 5398 PELICAN BAY SERVICES DIVISION BOARDNovember 5, 2003 1 ~ I !~1 ''fi' Mr. Roellig stated, "There has not been a Clam Bay Sub-committee Meeting since October 1, but I believe we will be having a meeting towards the end of this month to get the Preliminary Annual Report". The full Report will be provided to the Board on December 11th. Mr. Roellig continued, "My view is that the fifty acres in the Strand have done very well over the summer and appear to be in generally very good shape". I hope the Report reflects the same sentiment, but that remains to be seen. SEAGATE CULVERTS Mr. Roellig stated, "It was discussed at the last meeting that the flag gates had been removed from the Seagate culverts". CATTAIL AREA RESTORATION Mr. Roellig reported, ''The cattail area is still being evaluated". In my opinion the top two acres are starting to look pretty good. After all, we are working in a swamp and not on a golf course. If you want to make it into a golf course, then we have to go somewhere else. GREEN HOME SERVICES Mr. Ward stated, "Mr. Hall is in attendance at today's meeting and Turrell & Associates has been working on a program for several months called "Green Home Services". They have done it for one of the condominium communities and Mr. Turrell called me yesterday to ask if Mr. Hall could say a few words about this program. I know what they are intending on doing in terms of marketing this to the Pelican Bay community and I thought it might be a good idea for you to listen to what he has to say about this service. Mr. Hall explained, ''Turrell & Associates are going to be sending out letters to all of the homeowners associations within Pelican Bay and I wanted to let the Board know that these letters were going out in case you received calls". The program came about because of the concerns and the added interest in water quality, not only within Pelican Bay, but also throughout Collier County and Southwest Florida. Turrell & Associates are proposing to provide a service to the condominium associations where we will go in and look at their existing fertilizer utilization, water utilization and storm water run off treatment before it enters the Clam Bay system. We performed a pilot project for the Coronado last year. The letter will notify the associations of this 5399 PELICAN BAY SERVICES DIVISION BOARD 1 6 [ 1 November 5, 2003 program if they are interested. Hopefully, over the long run not only can we reduce their on-site maintenance costs, but also there are also some energy audits of the buildings. If we get enough of these associations interested, we are hoping that the cumulative effect will be to reduce the actual nutrient outflow into the Clam Bay system, which will benefit the bay and Clam Pass as a whole. Not only will it reduce the nutrients going into the cattail area, it can also assist in counteracting some of the algae blooms that we see periodically and may help us to re-establish some of the sea grass beds where we have noticed degradation. It is looking at being more proactive, long-term, rather than being reactive and is another opportunity that we are giving the residents to participate in contributing to the overall health of the Clam Bay system. Mr. Carroll asked, "Do the associations hire you to do this"? Mr. Hall replied, "Yes". We did the Coronado as a pilot program to see what it would entail. I did not want to get involved in this kind of program unless I knew whether or not we could actually do it. That is why we asked Mr. Gage to be instrumental in allowing us to do it for the Coronado. We established a program where we talked to all of the maintenance people that work around the condominium to find out what chemicals they are using, and whether or not there are alternative chemicals that could be used that would be less detrimental over the long term. It would be a service that we would get paid for and even if they weren't interested in hiring us as a firm, I would hope that it is something they could get their manager's interested in doing on their own. We have been working with the Better Yards and Neighbors Extension Service and a group with Florida Gulf Coast University in doing "Green Buildings" and we hope to be providing a presentation to the community in late January or early February on this type of service and what they can do to contribute. Mr. Werner stated, "This is something we have been talking about since we received our permits and as far as I know, nothing has been done". This is your last line of defense before you get into the Clam Bay system and I think we should provide an endorsement for it. Mr. Roellig stated, '~Ve discussed this for the past year or so and I am all in favor of it". We have no leverage to change the associations, but we could encourage them to use this kind of service to mitigate the things they may be doing. 54OO PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 Mr. Hall stated, "We make it very clear that we are not going into this by telling people that they are doing things wrong". All we want to do is offer reasonable alternatives that may allow them to see some type of long-term benefit. Mr. laizzo asked, ''What will they gain from your input"? Mr. Hall replied, ''We would provide them a site specific, or association specific, report that outlines what they currently have going on and what they could potentially do to improve what is happening out there". We are not making accusations or going in saying that they are doing anything wrong. All we want to do is make them more aware of what their contractors may be doing and what they could do to encourage their contractors to do things a little more environmentally sensitive. Mr. Spanier stated, "Obviously our own workforces in maintaining landscaping are doing a great deal of fertilizing and contributing to whatever is going into the storm water system". Have we used their services or do you know anything about it? Mr. Hall replied, "Part of the initial permit requirements were to look at the Pelican Bay practices and we did make recommendations as far as irrigation and fertilization". There were some substantial changes made to the irrigation about three years ago that were part of the permit requirement. MANAGER'S OVERVIEW CAPITAL PROJECTS CANNES AT PELICAN BAY - GULF BAY DEVELOPMENT Mr. Carroll asked Mr. Ward to handle the Cannes Project first, as part of his presentation. Mr. Ward stated, ''We received a request from Collier, County for review comments on a project in Pelican Bay called Cannes". In accordance with our Plan Review and Procedure Manual, I had written a letter to the developer's engineer, Grady Minor & Associates, indicating that they needed to submit their plans and specifications to us so that we can review that project in accordance with our manual. I am going to indicate for the record that the Plan Review and 5401 PELICAN BAY SERVICES DIVISION BOARD 1 ~ [ ! November 5, 2003 _ v - Submittal Manual is a review with respect to its' applicability and whether it meets the criteria for our water management system. The developer responded with a letter, which was provided to you, that indicated that County staff had indicated that a separate submittal to the Pelican Bay Services Division was not required and as a result of that, they were going to continue their permitting efforts with the Collier County Development Services Department outside of Pelican Bay. At least for the Pelican Bay Services Division, I have already drafted a letter to the developer's engineer that indicates to them that irrespective of what the County Development Services Review indicates, our review is independent of that and they will need to submit plans and specifications to us to ensure compliance. I have written letters to the regulatory agencies, subject to legal review, that indicates the Division has not reviewed those plans and would recommend that no permit modifications be issued for the construction of Cannes until such time as we complete our review. Mr. Spanier asked, "What is Cannes"? Mr. Ward replied, "It is a Gulf Bay project that is to be constructed in Crown Colony". They are Iow-rise buildings located within Crown Colony. Mr. Carroll stated, "Mr. Lukasz was filling me in on this". There are two buildings; two stories high with two units in each building. Mr. Lukasz stated, "There are four or five buildings, two stories tall". Mr. laizzo stated, "There are sixteen units going in". There are four buildings with four units per building. Mr. Spanier asked, "Is this going to be another situation because it is a Gulf Bay backed project, for which the Foundation has no architectural review"? Mr. laizzo replied, "It is not so much the architectural review, there is a water problem". Mr. Spanier stated, "1 am looking at the big picture since we are still hung up on Cap d'Antibes". Who has architectural and visual control of this pr(~ject? Mr. Trecker replied, "The Foundation has no architectural review authorization until a Certificate of Occupancy for the property has been issued". WCl deeded responsibility for architectural review to Gulf Bay. The answer to your question is that the Foundation cannot do 5402 NovemberPELICAN BAY SERVICES DIVISION BOARD5, 2003 1~ [! anything about architectural review until the structure is built, the Certificate of Occupancy has been issued and Gulf Bay is off of the premises. Mr. Spanier stated, "In view of the fact that current history is trying to teach us a lesson, do we not owe it to the residents of the community to inform them that there is an uncontrolled Gulf Bay project being implemented, that will be in a very visible position from Pelican Bay Boulevard and that we are not going to have a chance to even comment on until after the deed is done"? Mr. Carroll stated, "That is exactly what happened on the other project". Other than to raise hell, we have no other avenue to pursue. Mr. Domenie asked, "Has the Foundation seen the plans and have they made any comments about these plans"? Mr. Tracker replied, "The Foundation has no role in this". These are new structures and architectural review of new structures remains in the hands of WCl, except in those instances where they deeded that responsibility to Gulf Bay. The Foundation has no role in this whatsoever. Mr. Domenie asked, "My question was, have you seen the plans"? Mr. Trecker replied, "We have not seen them and Gulf Bay would have no responsibility for presenting those plans to us'. Mr. Domenie asked, "Are you interested in seeing them"? Mr. Tracker replied, "The entire community should be interested in seeing them". I am just saying that isn't the Foundation's role. Mr. Spanier asked, "Mr. Carroll, don't you have to raise this issue in your forthcoming meetings with Commissioner Halas"? Mr. Carroll replied, "We certainly will". Mr. Spanier stated, "This process is probably going t~) explode in our face and we have got to have some sort of directed input from Commissioner Halas". 5403 November 5, 2003 Mr. Werner stated, "As I read Grady Minor's letter, he is saying too bad you don't have a role in this, so we are going to continue to go ahead with the project". Is Mr. Minor our Engineer of Record also? Mr. Ward replied, "No, our Engineer of Record is WilsonMiller". Mr. Werner asked, '~A/hat did I read on the Cap d'Antibes that Grady Minor signed off on".'? Mr. Ward replied, 'q'hat was WilsonMiller's signature". Q. Grady Minor and Associates was the Engineer of Record for the developer and the firm that submitted the plans to the Pelican Bay Services Division. Mr. Roellig asked, "Are the plans available as a Public Record item"? Mr. Ward replied, "1 would assume they would be from County Community Services Development". Mr. Roellig asked, "Could we get a copy of them, because they are part of the Public Record"? Mr. Ward replied, "Yes, I would think if you requested them individually, or we requested them as a Board, they would be available". Mr. Domenie stated, "Once we have asked for the plans, people are going to say that we are responsible". I think we have no responsibility and the Foundation has basically washed their hands of it. The only people who can be involved are the Pelican Bay Property Owners. 'Mr. Werner stated, "1 don't think it is fair to say that the Foundation has washed their hands of it". Mr. Domenie stated, "1 meant that they have no authority and have not received anything". Mr. Trecker replied, '~/Ve maintain an interest in this just as the rest of the community does". Mr. Roellig stated, "Someone has to get a copy of the plans and somebody needs to put an article in the Post to get the information out to the community". 54O4 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 '~ ~' ~ .,- -- Mr. Spanier stated, "In just looking at our current a k rd positiOn with respect to Cap d'Antibes, whatever our technical responsibilities may be, we and the Foundation Board are the elected representatives of the community". Mr. Carroll stated, '~/Ve have to realize that once we get the plans, somebody is going to ask what we did about them, but I would rather take that chance than not look at them at all". Mr. Werner stated, "1 think this is different because Mr. Ward has outlined that these people are not following procedure". That is why we are getting involved here. Mr. Carroll stated, "They will fall in line as far as the water management part of the program goes". What we are worried about are setbacks, etc. Mr. laizzo stated, "For the Iow rises that are going in, Gulf Bay originally said they were going to put in a retention pond". Now there is no retention pond. The retention pond was for storm water run off. Where do we stand with this problem? Mr. Ward replied, HI am somewhat hesitant to answer any questions related to Gulf Bay because I am sure an ethics charge will appear in tomorrow morning's newspaper". What you had mentioned and in discussions from the Foundation and I have no direct knowledge of this, was that those were negotiations that were ongoing between the Foundation and Gulf Bay with respect to whatever that project was and the ownership of the underlying fee title to the berm. It is my understanding through discussion with the Foundation that no formal agreement between those parties was ever materialized. As a result of that, I am not aware of any agreements and have never been provided any signed documents that codify what you suggest happened at some point in the past. U.S. 41 MEDIAN LANDSCAPING Mr. Ward explained, "The U.S. 41 Median Landscaping Project is primarily completed at this point in time and we do anticipate having final completion by November 21 5405 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 GULF PARK DRIVE IRRIGATION AND LAN~ENTS Mr. Ward stated, '~rhe bid documents for this work will be posted in December and will be consistent with the landscaping and irrigation improvements that you see along the balance of the public road rights-of-way, in Pelican Bay, that we started a few years ago". Our plan is to do the project post-season of next year. May of next year is when we envision the start of the project, with completion anticipated by the middle part of the summer. OAKMONT LAKE BANK IMPROVEMENTS Mr. Ward stated, '.we are in the process of preparing design plans for the Oakmont lake bank wall and those will be presented to you at your December meeting". My intention is to provide you with three different programs from which to choose and we will then begin to finish the design and bid it. We anticipate working on that also during post-season of next year. SIDEWALK OVERLAYS Mr. Ward stated, "We are having a somewhat difficult time in getting Transportation to complete that project, which is not unusual for Transportation at this time of the year, or at any time of the year with those people". As Mr. Lukasz likes to say, "We just prod them all the time and eventually you will get it done". FINANCIAL STATEMENTS Mr. Ward stated, "Mr. Sutphin had sent him an e-mail earlier about the formats for our financial statements and we did provide to you the Summary Financials for October, which were printed*out as of today". These actually reflect our business activities through November 5th. This is intended to provide you some reflection of the way in which the County's new reporting system works and the real time accounting data that we have. Our intent is, as it relates to your Board agendas, that you will be provided these as of the date that the agendas are delivered to you and then we can update them for you at the Board Meeting. You will have the real time affect of the activities within the Division on very timely basis. Mr. Sutphin asked, "Is it a real time system"? Mr. Ward replied, "It is a real time system". Mr. Carroll asked, ''Will these come with the agenda package"? 5406 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 Mr. Ward replied, "You will get a set with your package and I will also print another set to be provided to you as of the date of your Board Meeting". You will essentially get two financial statements every month. Mr. Carroll stated, "It will take us a while to understand these statements". Mr. Ward replied, "It will take you a while, but the information is good information that you can look at in real time and provides a very good flavor of where we are and where our commitments are for the coming months". It also shows where we have actually paid bills during the month. Mr. Carroll asked, "Does this have to be done in blue, it is so hard to read"? Mr. Ward replied, "Unfortunately the County-wide system is in blue and we cannot change it". I have a hard time reading it myself. COMMITTEE REQUESTS There were no requests from the Board. AUDIENCE COMMENTS Mrs. Potter - "1 saw some activity at the pass". A young man was down there surveying the depth of the pass. There has also been a lot of wash out of the beach by Marker #41, where the Ice Cream House is located. Can you tell me anything about that? Mr. Ward replied, The Division is in the process of surveying Clam Pass to determine if there is a need to proceed forward with any dredging activities this year, due to the storm event we had' this past month". We have noticed all of the shoaling areas to the north of the pass and the fact that we have had a significant shift of sand in that area. We have ordered the surveys to be done by the appropriate engineering company and do expect those to be completed in approximately two weeks. At that time the survey information will be provided to the Clam Bay Sub-committee so that some determination can be made as to whether we need to do any additional dredging. Mrs. Potter asked, "Are you going to do anything about the beach where it is so narrow at Marker #41"? 5407 PELICAN BAY SERVICES DIVISION BOARD November 5, 2003 Mr. Ward replied, "That is being surveyed right now because of some concern that some of that area has moved into the pass itself". Once we make that determination and figure out whether or not we can do some dredging, we do intend to move that sand to the north part of the pass, which is near Marker #41 that you are referring to. Mr. Carroll stated, "For those of you that have not been down to the beach, there it is quite a wash out". There am old mangrove stumps sticking up and you can see the sand approximately 100 yards out forming a new sand bar. Mr. Roellig alerted us to it and Mr. Ward, Mr. Lukasz, Mr. Turmll and I went down to look at it. It is pretty shocking to see what has happened. Mr. Ward is working on the plan to speed up dredging of the sand out of the pass and moving into that ama. Mr. Roellig stated, "There is some expectation that sand would move on shore, but it would depend on weather conditions and that is what we would be looking at". ADJOURN Them being no further business, the meeting adjourned at 5:40 P.M. Mr. James Carroll, Chairman 5408 MINUTES BUDGET SUB-COMMrn'EE November 13, 2003 Naples, Florida 1611 LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, November 13, 2003 at 3:00. P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. John laizzo Mr. David Nordhoff Mr. Edward Staros (Absent) ALSO PRESENT: Four (4) Pelican Bay Advisory Board members, Mr. Dave Trecker, Pelican Bay Foundation; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward. Division Administrator, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 2. 3. 4. 6. 7. 8. Roll Call Approval of Minutes of the October 8, 2003 Meeting Public Participation Review of tactical programs: Outsourcing of Community Beautification and Water Management Services Relocation of PBSD Offices Review of 5 year Step I Strategic Plan and 10 year Capital Plan Discussion of next steps Committee Requests Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show Mr. Edward Staros with an excused absence. APPROVAL OF MINUTES OF THE OCTOBER 8~ 2003 MEETING Mr. Sutphin Stated, "Before we go on with the meeting, I would like to express my appreciation for the hard work that Mr. Ward and the Severn Trent organization did in putting together the material for today's meeting on a very short time table". I received a twenty-six (26)- page spreadsheet yesterday with tons of information, which is far too detailed for this type of presentation. It was obvious that Mr. Ward's staff did a lot of work and I think it emphasizes the point that we don't have just Mr. Ward as the Manager for Pelican Bay Services Division, we have Budget Sub-committee November 13, 2003 the resources of a very professional organization with a lot of skills and it came through loud and clear to me as a result of this exercise. AUDIENCE COMMENTS Mr. Spanier stated, "1 have become aware, as most of you have, of the experiment that the Foundation is starting with the jitney". It has occurred to me that if it is as successful as I think it will be, there will be the need for stops along the route, possibly with benches or sunshades. It would seem to me if the Sub-committee is thinking forward to 2004, it is not too early to explore with the Foundation what that actual jitney plan is and whether the Services Division will have a role in both providing and maintaining those facilities. Mr. Sutphin replied, 'q'hat is a good point". Mr. Domenie stated, 'q'he last I heard, the jitney service is expected to go into effect on or about February 15, 2004". Mr. Werner stated, "In reading the information sent out by Mr. Trecker and I don't know if you are going to get into the potential gating of the community, but I do think it is a little misleading to say that it is going to reduce the security that the different condominium associations and neighborhoods provide". I would be pretty sure that Bay Colony and Georgetown are not going to do away with their security. The reason for security is to keep people out, so I don't think it is going to reduce security very much. Mr. Sutphin stated, "1 think we will at least discuss the communication of our plans to the Pelican Bay residents at some point in this process". It may be premature to discuss it at this meeting, but I read the draft that Mr. Trecker had proposed to send to the residents and I also read a draft of what Mr. Carroll had proposed to send to the residents, which is much more the type of information we are looking for. You can run a survey any way you want, but if you ask the question in the wrong way, you are going to get an answer that does not reflect the kind of input that I hope we will get from the residents. That survey will serve to guide us in terms of how we should be headed. Before we go to a mass mailing or mass anything, I think we need to be very sure of what it is we want to ask and what kind of information we want back. I know we are all very attuned to this. $4 Budget Sub-committee November 13, 2003 Mr. Sutphin began, "Mr. Ward, if it suits you in terms of what you prepared, I would like to deal with the outsourcing issue first". As you may recall, one of the tactical programs that we were going to look at aside from capital spending, was the economic viability of outsourcing Community Beautification and Water Management. I looked at a lot of detailed numbers as part of this twenty-six-page spreadsheet and it appears to me to be a break-even situation and did not save any significant money. REVIEW OF TACTICAL PROGRAMS OUTSOURClNG OF COMMUNITY BEAUTIFICATION AND WATER MANAGEMENT SERVICES Mr. Ward explained, 'q'he first thing we had been charged with doing is evaluating whether or not we should outsource either the Water Management Program and or alternatively, our Community Beautification Program". We took the Fiscal Year 2004 Budget for Water Management and Community Beautification and looked at it on a line-by-line basis and took out of that budget, those costs associated with the in--house operation and added back into the Fiscal Year 2004 budget, those costs associated with contracting those services out. I will go through that with you in some detail. As Mr. Sutphin has indicated, this analysis and all of the projections that you are seeing today are broad-brushed stroked analyses and are conservative in nature. That means the numbers are slightly higher than what they would probably be, but more importantly, they are projections based upon information that we have at this moment in time and are capable of being changed. Mr. Ward continued, '~,Ve have taken out of the Personnel Services, only those individuals that are specifically allocated to the maintenance of the water management system, only leaving in any supervisory positions that would be required and/or any position that was related to the health, safety and welfare of the system itself". You will not that Other Contractual Services has increased. I have used an estimated cost for m,aintenance, reflective of what I am paying in other communities in Southwest Florida for outsourcing services. The three communities that are most applicable would be Fiddler's Creek, Mediterra and Pelican Landing, which are a few of the outsource contracts that we currently have. We have reduced a certain number of vehicles that are related to the outsourcing project. We have eliminated all of the Budget Sub-committee November 13, 2003 chemicals associated with an in-house program and we have taken out some of the repairs and maintenance necessary with respect to the some of the operating costs and left only some of our Aquascaping Program. You will notice that there is a slight savings in the Water Management outsourcing, from $650,000 to approximately $500,000. The savings is primarily related to the fact that we do utilize temporary laborers in this Water Management System for periodic maintenance jobs within the system. Mr. Ward continued, "For the landscaping operation, we have done essentially the same program". We have taken out all of the personnel costs related to the in-house program. I have increased Other Contractual Services up to a number that deals with what we think it would take in order to maintain the landscaping on a per square foot basis, somewhat consistent with what I am doing in the other projects that I mentioned to you earlier, although I will tell you the number is slightly higher in those other projects, than what we are using in Pelican Bay. That is because the quality of the maintenance in those other projects is slightly higher than the level of service that we have in Pelican Bay and I have reduced the per square foot cost slightly to deal with that fact. Again, we have gone through and removed some of the fees associated with the in-house program for trash and dumpster, insurance on vehicles, licenses and permits, repairs and maintenance, etc. You will notice that the total appropriations increases from $1,500,000 to approximately $1,640,000 for an increase of approximately $129,000. It is generally a wash at this point, based upon whether or not you would do an outsourcing or in-house program. Mr. Sutphin asked, "Do you think your outsourcing costs are best case"? Mr. Ward replied, "1 think my outsourcing costs are bet case". Mr. Sutphin stated, "This is the first time anyone, other than me, has seen these numbers". I looked at them last night, but the conclusion I came to is that the only motivation to pursue outsourcing would be for a significant financial benefit to the Pelican Bay Services Division. I don't think there is dissatisfaction with the quality of the service therefore; if it isn't broke, don't fix it. I don't see any financial incentive to aggressively pursue this. Mr. laizzo asked, "Mr. Ward, in your pricing did you include the Human Resource costs that we have with the County"? 86 Budget Sub-committee November 13, 2003 Mr. Ward replied, "Yes". Mr. laizzo asked, "Mr. Ward, did you include the 5% that we pay for the Property Appraiser"? Mr. Ward replied, "Yes". Mr. laizzo asked, "Mr. Ward, did you include the overtime"? Mr. Ward replied, "Yes". Mr. laizzo asked, "How about the benefits"? We don't pay the contract people benefits and they are effectively the same cost as the County? Benefits make up 40% of the costs. Mr. Ward replied, "Yes, that has been included". Mr. laizzo stated, "1 would have to take a real good look at this to feel comfortable that they are equal". At this time I cannot make a judgment on it. Mr. Ward replied, "1 will tell you, as I have indicated before, the numbers are slightly less than we are actually paying on an outsourcing basis in some of the other projects that we have". Those projects are at approximately $.37-$.38 a square foot and the level of service is higher than what we have in Pelican Bay. We cut, fertilize and trim materials more frequently in those projects than we do in Pelican Bay, so it has been adjusted. It doesn't surprise me that the analysis came out the way it did, irrespective of the benefit program in the private sector where employees make more money on a per hour basis than they do in the County system. Mr. Nordhoff asked, 'q'here are benefits included in those costs aren't there"? Mr. Ward replied, "You don't say that because I am going to reduce benefits by 40% by going to outsourcing that you automatically get a cost reduction". That analysis is just not true. Mr. Sutphin stated, "Obviously, the owners of the outsourcing contract firms do not do this free, they do it to make money". Mr. Ward replied, "Correct". Mr. Sutphin stated, "There is a profit in there that justified them being in business". Mr. laizzo, if you want to get into the details of the costs that come up with the dollars per square foot, Mr. Ward would be happy to share that detail with you. 87 Budget Sub-committee November 13, 2003 Mr. laizzo replied, "1 will be talking with Mr. Ward over the next couple of days and I would like to look at these numbers". Mr. Nordhoff asked, "Mr. Ward, why do the other developments use outsourcing if the dollars come out this way for us"? Mr. Ward replied, "You will find that in the newer communities, when you are in a significant growth mode, generally outsourcing is a little better because you have the ability to adapt and change more quickly than you do with an in-house program". Frankly, you will find that landowners prefer, when you have undeveloped land, to prefer outsource contracts versus an in- house program. Understand, I am an outsourcing firm also, so I am obviously a proponent of outsourcing, but not always. Sometimes it is just not a good idea to do it. Mr. Sutphin stated, "Along these same lines, it is my understanding that the Pelican Bay Services Division maintains all of the Foundation common properties". Mr. Ward replied, "Yes, that is true". Mr. Sutphin stated, "If we were going to outsource and not use County employees, since we are a branch of County government, it would make sense to me to have the Foundation outsource the work and not the Pelican Bay Services Division". Mr. Ward replied, 'q'hat makes sense". Mr. Sutphin stated, "The only reason that we do that work is that we use County employees". Mr. Ward replied, "The primary difference between what the Foundation does and what we do, is that we do infrastructure construction, operation and maintenance". The Foundation services are geared more towards what a resident really wants and that interlace with them is much more direct. You can drive down the road and see our services, but we do not interlace directly with the residents. The bifurcation of the two entities over the years has been based primarily on that one premise and that is why we maintain the facilities and operate them, plus the fact that we have the ability to levy non-ad valorem assessments and place them on your tax bills. Mr. Sutphin asked, "In Pelican Marsh, is it the Master HOA that contracts the landscaping firms"? 88 Budget Sub-committee November 13, 2003 Mr. Ward replied, "No, through the independent district's, which you have read about in the Naples Daily News recently, those independent districts have been the entities that are actually doing it". In Pelican Marsh the outsourcing is opposite. The Landscape Program is in- house and the Water Management Program is outsourced. At Fiddler's Creek they are both outsourced. At Mediterra and Pelican Landing, it is a combination of the two. I have found that it really depends on where the community is, what you want to accomplish and what the desire of the community is, to set goals. Mr. Sutphin stated, "Just to recap, I welcome Mr. laizzo's willingness to get into this in more detail". As it stands now, there does not seem to be anything here that would dramatically impact next year's Operating Budget from a financial standpoint. If something pops up, then by all means we should revisit it and think more seriously about it, but the outsourcing process is quite complicated, as I understand it. Mr. Ward replied, "Yes, it is rather complicated". As I said before, for many years we contracted out the landscaping operations. Some years we were very successful and some years we were very unsuccessful. The peaks and valleys were very high and very Iow and had a dramatic affect on the levels of service within this community. As you know, in government, the bad thing about bidding is just that. It is accepting the most responsive, responsible bidder and it is very hard to get past the Iow bidder. It becomes a very political issue, especially in a contract that would be as big as this project would be. Mr. Nordhoff asked, "Mr. Ward, is it safe for me to think that our services are well accepted by the community"? I have not heard any complaints. Do we get complaints about these issues? Mr. Ward replied, "No". Generally we get less than I see in most communities. Mr. Sutphin stated, 'q'his somewhat precedes you, but an employee inadvertently sprayed some grass killer on the grass and that made some people unhappy, but in general I have not heard any noise. Budget Sub-committee November 13, 2003 Mr. laizzo stated, '"We are really here to look at the best way to spend the community's money and it is not a question of throwing out one for another". It is a question of getting the best services for a reasonable amount of money. That is what it is about, not discontent. Mr. Ward replied, "1 will agree with that". Mr. Werner stated, "Mr. Ward, on the comparison for Personal Service for Water Management and Maintenance Outsourcing, you have approximately $360,000 for Administration and Management". What does that include? Mr. Ward replied, '`That includes maintaining the office in its' existing condition, with two people and also three field people". Mr. Domenie stated, "Mr. Ward, you are talking about two different contracts, one for Water Management and one for Landscaping, is that right"? Mr. Ward replied, "In the contracted service option, we bifurcated the two pieces". Mr. Domenie stated, "Under the present system you can shift your own employees to water management or to landscaping as it is needed". Mr. Ward replied, "Yes". Mr. Domenie stated, "That provides us flexibility". Mr. Carroll stated, "Can you repeat the comment you made about the Foundation"? Mr. Sutphin stated, "It is my understanding that our Community Beautification and Water Management Programs, particularly Beautification, includes the maintenance of Foundation owned common areas, by agreement". Not just the County-owned street medians and anything else the County may own. The point that I made is, if the Foundation asked us to do it and we now don't want to do it with our own employees and we are going to outsource it, why should we be in the middle? I am asking the rhetorical question, why would they not outsource it? I don't know that I am right, but it would seem to me that if it is their ground and it is going to be maintained by a third party contractor, you don't need us to administer the contract. Mr. Domenie asked, "Mr. Ward, how much of your time is dedicated to mowing the lawn, 5%"? Mr. Ward replied, "There is no way of determining that". 9O Budget Sub-committee November 13, 2003 Mr. Carroll, "Mr. Trecker, do you have any feel for what is being talked about in terms of the Foundation's involvement if we outsource"? Mr. Trecker replied, "1 am not sure I completely follow the discussion". The implications sound ominous to transfer funding to the Foundation. Mr. Sutphin stated, '`The reason we did this exercise was to see if there was an opportunity for a significant savings in spending by using third party contracted services rather than County employees for Community Beautification and Water Management". At this point in the analysis, there doesn't seem to be any advantage whatsoever in doing that. From a budget- planning standpoint, subject to Mr. laizzo validating the numbers, I am not prepared to consider it any further. It is what it is and we will attempt to manage those costs as efficiently as possible. The alternative of outsourcing does not appear to have any gold out there. Mr. Ward stated, "The telling fact for Mr. laizzo's benefit, is that when I ran the numbers and I bench the entire program on this every year, that the cost of what I see to outsource this project is consistent with what I see in outsourcing projects to begin with, irrespective of what the administrative costs are. The answer is that it is pretty consistent. The number that I provided you of $.37-$.38 excludes all of the administrative costs. We are at $.34-$.35 and we have some of the administrative costs included, because I include Mr. Lukasz in the calculation, where in other project those costs are excluded. You take the total contract price and divide it by the square footage. We are in line and probably slightly less than what I am finding the market to be across the board in the State. Mr. Sutphin stated, "1 am a great believer in risk reward relationships". There does not appear to be a lot of potential reward if any, and the risk of putting this in the hands of County procurement and getting stuck with the Iow bidder, who then does a lousy job and you are locked into a contract, does not justify the what the small reward may.be. I don't see any reward and Mr. laizzo you may come up with something that may cause me to reconsider. Mr. laizzo replied, "1 would just like to look at and question the numbers". I will talk to Mr. Ward privately on some of the numbers that he came up with. At this time, that is all I want to look at. 91 Budget Sub-committee November 13, 2003 Mr. Domenie asked, "As far as you know, is there any ethical problem with the Services Division mowing private property belonging to the Foundation"? I don't want to get involved with that, but I don't think we should risk it. Mr. Ward replied, "Normally, the answer is yes, but in this instance the community is the same whether we call it the Foundation or the District". Generally, there are some efficiencies and economies from allowing the District, who focuses on infrastructure construction and maintenance to do that and allow the Foundation to do what they do best, which is the provision of direct services to the residents. That could be pools, tennis courts, restaurants or beach facilities. Then we have a separate arm, which has a separate entity and is called a "District" that does the infrastructure side of the community. I think it works best to do that and I don't see any ethical conflict in doing that. Mr. Sutphin stated, "1 wanted to cover this first because I thought we could dispose of it in five minutes". Based on the numbers we have looked at, it is not a budgeting issue at this point. If something comes up as a result of Mr. laizzo's study that causes us to reconsider, then we absolutely will. I would like to move along and review the first-cut Five Year Operating Budget that Mr. Ward and his organization have come up with. REVIEW OF 5 YEAR STEP I STRATEGIC PLAN AND TEN YEAR CAPITAL PLAN Mr. Ward explained, "The first thing we did, as Mr. Sutphin indicated, is that we bifurcated the pieces also in operations and capital". However for Capital, because it consisted not only of existing capital programs and asset restoration for existing infrastructure but included, based upon what the Board directed us to look at, were enhanced programs". The first thing I did was take the Capital Program that we have and looked at it across the board for those enhanced programs and for the existing programs that we have. On page 1 of the Power Point, the far left column is the description of the program, and two columns over, the current program and is what we have "invested" in the existing programs for Funds 320 and 322. Fund 322 is our Capital Program and Fund 320 is Capital for Clam Bay. In essence, of the assets that we go through on a periodic basis and restore, we have approximately $7,600,000 in current asset restoration programs ongoing throughout time. The only caveat to that is the value of our Water 92 Budget Sub-committee November 13, 2003 Management System in the current program of $2,500,000 would be in the event of a natural disaster and you would have to rebuild your entire system. That should give you the flavor of that Water Management System. The probability of having to do something is "slim to none", so it really doesn't matter for purposes of this calculation. Mr. Ward continued, "In terms of our enhanced programs, we took the existing programs and beefed them up in the line items that they needed to be beefed up in, to deal with the specifics of what we were talking about". Entrances, hardscapes and the Oakmont Wall, include gating Pelican Bay and costs associated with that. Possibly doing a roundabout somewhere in Pelican Bay, doing brick paver crosswalks at the various entranceways and things of that nature. We put a general price tag on that program of approximately $10,000,000 in terms of capital improvements that would be required. Mr. Ward explained, "Moving on down to Landscaping, our current program is approximately $1,200,000 in value of items that we replace on a periodic basis. I bumped that up to $2,000,000 in order to get to a better Landscaping Program than we currently have in the community. Our irrigation, although it is now state-of-the-art, we know based upon experience that fifteen years is about its' useful life and to start reserving monies now for the eventual replacement would not be a bad idea. The Water Management System, I took that number way down to approximately 10% of its' asset value to deal with any restoration efforts that may be required on a periodic basis. It has a relatively insignificant affect on a year-to-year basis. The Street Lighting System, I have had many comments about possibly tearing out the electrical and the entire system and do a completely new system at the new standard for lighting and increase the level of lighting in the community. The number I have included is to do that level of work associated with the Street Lighting Program. Ballard lighting is the very small lighting that we have along the Oakmont Lake Bank and Pelican Bay Boulevard. It is a relatively inexpensive job that we did a couple of years ago to enhance those areas and make them appear look better throughout the entire community. With the sidewalk and tram paving, the premise is that we are gating Pelican Bay, so the asphalt sidewalks we have throughout the community have been re- priced to deal with better materials, possibly concrete or a combination of concrete and brick pavers. We have beefed up our equipment program on a five-year basis to deal with some of the 93 Budget Sub-committee November 13, 2003 new assets that we would have available. The U.S. 41 wall is the number that is the weakest in the link so far. That number deals with putting an FDOT barrier up against the backside of the berm to deal with the issues that we have had in the past. Traffic signage is pretty much at the tip of the game right now. For Fund 320, Clam Bay Improvement Funding, we estimate approximately $2,000,000 over a ten-year period, at approximately $300,000 a year. If I had to guess, over time that is probably where we are going to be. A number that nobody has seen yet and the Clam Bay Sub-committee will see shortly is the berm and adjacent wetland restoration and is the area just west of the berm that we now call the cattail area. We have put a number to really fixing the problem that has been identified and the number is approximately $3,500,000. Beach restoration is approximately $1,700,000 on a ten-year basis. Your assets would increase to approximately $7,600,000 an increase of approximately $26,900,000 in total value. The annual allocation would be approximately $2,000,000 with a discount factor of 5% to deal with that the increases in cost of living, cost of construction and any other associated costs in order to make sure you have the right amount of money at the right time. Mr. Ward continued, "You can look at the bottom of the columns, which are the different discount factors, anywhere from 1%-3%". The intent of this was to take a look at it to see what you would need to allocate on a yearly basis, based upon different discount factors, if you decided you wanted to start accruing money and fund it over time or alternatively if you funded it up front, a discount factor of approximately 5% would take into consideration the interest expense. Mr. Sutphin stated, "Again, that is a conservative approach as opposed to taking a lower discount". Mr. Ward replied, "Yes and it is an interesting analysis when you look at the numbers per unit and what their affect really has". Mr. Carroll stated, "Mr. Ward, I did not understand your comments about water management". Mr. Ward replied, 'q'his system happens to be nothing more than a series of lakes and interconnecting swales and very little hard materials such as pumping equipment". There are 94 Budget Sub-committee November 13, 2003 1611 some control structures that are through the berm, which I will call hardscapes or hard assets. In the twenty years that I have been in this business, I have never had to rebuild a lake. You may have to clean out some of the sludge at the bottom of the lake in thirty or forty years because of the fact that it has build up, but you don't just rebuild them. For purposes of this capital analysis, I estimated that we would spend $250,000 over a fifteen-year period to deal with anything that needed to be reconstructed in this system. The benchmark was what have we done in the last twenty-three years and in the last twenty-three years we have not spent $50,000. Mr. Sutphin stated, "It might have been a little clearer if you had done pure replacement of the existing asset base separate from incremental capital". This is an asset on the balance sheet that doesn't have a depreciation schedule, that's why you don't have to replace it. Mr. Ward replied, "Right, it is a paper asset". Mr. Spanier asked, "Do I understand that the in-place storm water collectors are complete from your point of view"? Can we deal with the collection of additional storm water runoff from developments such as Cap d'Antibes and others, as well as what appears to be an increasing incidence of rain? I am impressed by how well your storm water system is working at the present time and personally saw no flooding of any magnitude during the deluge season. Is that system complete in your judgment, giving the build out of Pelican Bay? Mr. Ward replied, "Yes". The system was constructed to handle the ultimate development of Pelican Bay based on 9,600 residential units, plus so many thousands of square feet of commercial area. The system that the Pelican Bay Improvement District built was designed to handle that level of development in the community. Obviously we are well below those thresholds and as a result the existing system will handle it. It is important to point out that this system happened to be permitted and constructed in the late 1970's and standards for water management systems have changed since that time period. It this system had to be re-permitted today you would have more retention and water management than was required in the late 1970's. However, we don't operate under those guidelines and as a result of that the system is sufficient for the balance of the development required in this community. Budget Sub-committee November 13, 2003 Mr. Werner asked, "Does that $10,000,000 include the replacement of streets or is it in there somewhere else"? Mr. Ward replied, "No, we assumed for purposes of this program that we would upgrade the streets with crosswalks and a round-a-bout, but the actual street replacement was not included". My thought process was that even if you gated Pelican Bay, I suspect that there will still be some way to capture some of the gas tax revenues. I did include the replacement of sidewalks in this program. Mr. laizzo asked, 'M/hen you say current program value, I assume this is the value of the current programs and when you talk about the years of service, when does that clock start"? Is it when we do the enhancement or has it already started? Mr. Ward replied, 'q'his is a balance sheet and is like a moment in time". The assumption is that this is day one and you move forward from there. In real life it would be somewhat different in that most of this work has just been finished. Mr. laizzo asked, 'q'he years of service start when we do the enhancement"? Mr. Ward replied, "Correct". Mr. Sutphin stated, "On the existing assets you might be seven years through a fifteen year cycle". Mr. Ward replied, "Yes, except that it is important to understand that we don't amortize assets in our current Operating or Capital Budgets, based upon this type of amortization schedule". For example, the entrance walls, which we constructed three or four years ago, we don't carry a reserve every year for replacement. At some point in the future we would begin to fund that renewal and replacement and when we had enough money we would do it. This takes a holistically different approach to asset restoration and management. Mr. laizzo stated, 'q'his funding should start as soon as a project is done, to start allocating funds for the replacement, whether it is five, ten or fifteen years". Mr. Ward replied, 'M/e don't need to get into that one because there is really not a whole lot of need to do it when you talk about a governmental system because of the ability to assess future residents for when the assets are reconstructed. There is nothing wrong with what we are Budget Sub-committee ~ November 13, 2003 doing right now, it is fine, but I just took a little different approach to the levels that we are looking at. Mr. Sutphin stated, "At this stage, this Report also assumes that spending is uniform over a ten year period". Mr. Ward replied, "Yes, it assumes uniformity and it does not necessarily have to be". Mr. Trecker asked, "In the first line it says Oakmont wall, does that refer to the railroad ties"? Mr. Ward replied, "Yes". Mr. Ward continued, "The next thing we did in terms of these projections is to look at the additional operating and maintenance expenditures that would result from an increase or an additional amount of capital as it relates to this enhanced program". The biggest issue you have to deal with is the operation of a gate system in the event that you gate Pelican Bay. The assumption is two fully manned gates and five unmanned gates. The way we counted, it would take approximately seven (7) guard structures in order to gate this community. The manned gates cost approximately $150,000-$175,000 a year for personnel costs and operating expenses. The unmanned gates can run anywhere from $10,000-$25,000 depending upon the sophistication of the capital within the unmanned gate system itself. For these purposes we came up with a round number of approximately $445,000 and then because of the increased landscaping, we believe another $150,000 in operating costs per year would be sufficient in order to deal with the high levels of maintenance required. That is the basis for operations. Mr. Spanier asked, "Mr. Trecker mentioned the condition of the Oakmont wall, have you factored in the need to have a rolling replacement program on that type of perishable structure"? Is that part of the $150,000 a year that you are talking about? Mr. Ward replied, "Not per se, except the annual cost that would be required to deal with that issue is in these numbers". Mr. Ward continued, "The next thing that we did is that in Fund 322, is take the specifics of the Fund itself and for this purpose we used the 5% discount factor, and Fiscal Year 2004 is the bench". Fiscal Year 2005 takes the new numbers that are based upon the first sheet that you 97 Budget Sub-committee November 13, 2003 16il looked at and dealt with them over time, adding in the appropriate costs, etc. Fiscal Year's 2005-2009, for an approximate $27,000,000 program, you approximately $250.00 per unit per year for purposes of this analysis. You will note for are running at Mr. Sutphin stated, 'q'o me that is the key number". It says that we took a wish list and cut nothing out. If we did everything, it raises the cost of living in Pelican Bay by $250.00 a year for residents. Is that something that this community would be willing to spend? We would then get into smaller pieces of that, which would have major impacts. If you took gating out and did everything else, it might be $190.00, rather than $250.00. Mr. Ward replied, '~/e did some sensitivity analysis on it and there is not a great deal of change in the number". It is not going to go from $250,000 to $50.00 or $20.00, unless you just get it back down to what it is currently. Mr. Ward stated, 'q'his was done for a long period of time, but this particular chart goes out to Fiscal Year 2009". Interestingly enough, what we did on this analysis is to do the same thing at the different discount factors and if you look at the bottom numbers for Fiscal Year 2005 you see $247.99 and you go down to a 1% discount factor and it changes to $186.00. That is the range that you look at from $186.00 to $250.00, with different discount rates on a $27,000,000 program. It is not significant dollars. Mr. Sutphin stated, "It is some combination of the inflation rate and the cost of money". Your guess is as good as mine as to which is the best one to use. Mr. Ward replied, "You are right, I did this because I wanted to see what the effect would be on a per unit basis for each resident and there is not a significant effect". Mr. Carroll stated, "1 can't quite believe that we can do all of this for $250.00 a year". It does not seem feasible and I thought it would be five times as much. Mr. Ward replied, 'q'he primary reason is good, bad or indifferent, the densities in Pelican Bay are very high". You have 7,700 units in Pelican Bay that you assess for in a 1,500-acre development. There are not a lot of infrastructure assets. The cost of restoration or operation is insignificant. Even though the $26,000,000 is a big number, it is not a big number if you look at it in the context of Fiddler's Creek or Pelican Marsh where instead of being eight (8) units to the Budget Sub-committee November 13, 2003 acre, they are at 1.5 or 1.75 units to the acre. If they did a $30,000,000 restoration program at their densities, they would be at the number you are talking about. Because your asset base is so high in terms of unit count, that's what causes these numbers to be as Iow as they are. Mr. Carroll stated, "1 just can't believe the numbers". Mr. Trecker, does that strike you as a good solid number? Mr. Trecker replied, "Yes, but this is over quite a period of time and obviously softens the blow". Mr. Ward replied, "It is over a period of time". It is contemplated so that you could actually finance it up front and these numbers reflect doing it over a short period of time, but amortizing the costs over a longer period of time". Mr. Sutphin stated, "It includes replacements". This is a step function increase in spending to get to that level and the steady cost of maintaining that higher level of infrastructure. Mr. Spanier stated, "You referred several times at the remarkable ability of fulfilling the wish list completely". Have you actually formulated the wish list? We talked about a lot of things and the big ones are very easy to get a handle on, such as the wall and the gating. I assume you have also factored in some changes in levels of service such as frequency of street sweeping, etc. I think it would be vital, very soon, to have your assumption list and possibly by the time of the next Board Meeting. It should be easy because you have already made the assumption and they are just not a part of this presentation. Mr. Ward replied, "Actually, the assumptions that you adopted at your last Board Meeting as to what the specific programs were that you wanted to look at is the assumption list that I used to drive this set of numbers". I don't disagree with you they are going to need some refinement as you move through the process. The basic assumptions were in the Power Point presentation that Mr. Sutphin provided to you at the last meeting. Mr. Spanier replied, "1 don't recall, but I don't think we went over such things as actual levels of service changes". Mr. Ward replied, "Do you mean for operations"? 99 Budget Sub-committee November 13, 2003 1611 Mr. Spanier replied, "Yes". The bulk of what you do as opposed to these major easy to visualize capital improvements. Mr. Sutphin stated, "The premise of this cut was no fundamental change in levels of service, just whatever is required to support these programs". Mr. Spanier stated, "1 misunderstood something then, that clarifies it". This assumes that for those things that we can see around us, the levels of services will neither diminish nor increase. Mr. Sutphin stated, 'q'hey are increased only as required to support increased infrastructure, ala gating". In my mind, the purpose of this portion of the planning process is a dimension in level of spending without cutting anything that encompasses the collective thinking of what various people feel would make Pelican Bay a better place. Not all of them are desirable, not all of them are doable. This is going to come up in the financial model and I believe, as Mr. Carroll is already pleasantly surprised, it doesn't break the bank. Do we want to do them all? I don't know at this point. It is this kind of an exercise that provides the foundation of the information that needs to be sent to the residents for them to make an intelligent decision. If you go out and say do you think we should gate Pelican Bay, I know the answer you are going to get back. The answer is going to come back no. I don't think we want to do that. Mr. Trecker stated, "My comments are going to reflect some that were already made". From the standpoint of understanding, I think you might want to consider breaking this analysis out rather sharply into new capital expenditures, based on new items or substantial upgrades. Then build in, as a separate part of this, a reserve for replacing these items. To mix these, I find rather hard to follow. I think it might help everybody's understanding if this were broken out into new capital, which would either have to be spent up front or financed up front and a reserve system, financed any number of ways, for building funds for systematic replacement. Mr. Sutphin replied, "1 agree completely". Giving the database that Mr. Ward has established, I think that is a very simple thing to do. Mr. Ward stated, "It is". Mr. Sutphin stated, "It is just another line on the sheet". 100 Budget Sub-committee November 13, 2003 Mr. laizzo stated, "1 think what Mr. Trecker is looking for is to identify new items that are going to add to the budget and repair or maintain what already exists in the community". Mr. Trecker replied, "Yes and of course both of these could and probably will attribute to tax increases". To have these things broken out will provide a little clearer understanding of what you are spending. Mr. laizzo stated, "It also helps to separate whenever you feel uncomfortable about a new item or something that doesn't look right in the budget". It shows up easier so that you can attack it or add to it. Mr. Domenie asked, "Mr. Ward, have you included expenses dealing with financing if we decide to use financing"/ Mr. Ward replied, "Yes". Mr. Sutphin stated, "1 think the 5% that has been used, you would pay for as interest if you did it now and deficit financed it. Conversely if you accrued reserves and anticipate some level of inflation, it is going to cost you more to do it ten years from now than if you did it today". Mr. laizzo stated, "You are also projecting to that new cost, ten years down the tine". Mr. Sutphin replied, 'q'hat is what the 5% discount factor is for". Mr. Ward stated, 'q'hat is exactly what it is for". Mr. Sutphin stated, 'q'his is the net present value of the improvements". Mr. Werner stated, "Included in the $250.00, where is the repayment of the bonds and principle"? Mr. Ward replied, "It is in the yearly amortization amounts". The Capital Outlay for example, in 2010 includes $1,837,000.00, which would amortize both principle and interest on the note. Mr. Werner stated, 'What term note did you choose here"? Are we talking about bonding $27,000,000? Mr. Ward replied, "In that range and roughly for a fifteen year period". Mr. Werner stated, '%~/e are getting the number now just because we can afford to do it or people say we can afford to do it and that doesn't mean we are going to do it, right"? 101 Budget Sub-committee November 13, 2003 Mr. Sutphin replied, "Absolutely". We are couple of steps away from getting a machete out and removing programs. Mr. laizzo stated, ''This is not the budget, but is an add on to the existing budget". Mr. Ward stated, "It is the first-cut at a Ten-year Capital and Operating Program, based upon a set of criteria that you have reviewed over the last months". It is the first-cut of that analysis. Look at it broad-brush, conceptually for what it is trying to show you in terms of total dollars and how you amortize. All of these things can be easily changed. Mr. Sutphin stated, "Top tier community". It is broad-brush, but it dimensions the magnitude of spending and the resulting assessments and levels of taxation that are required to get there, going back to the approved desire of the Board to be a top tier community. If that level of taxation is unacceptable, then we have to go back to square one. There is no point in getting into the detailed budget preparation if the macro look at it is not acceptable. I would like to reserve discussion of individual programs until we have agreed as a Board that this is something, if properly presented to the community, we feel will be accepted by the community as something they want to do. Mr. laizzo stated, "1 hope the questions are "Yes/No" because questions could be misleading if they are wordy and don't get to the point". I am talking about the questionnaires that go to the residents. Mr. Ward stated, "1 need to walk you through Fund 320, which is our Clam Bay fund". Based upon the capital program of approximately $4,700,000 and that deals with the bigger issues we have talked about, you are looking at approximately $136.00 per unit, per year, over the ten-year period. It is the same analysis. The $136.00 is at a 5% discount factor and runs down to approximately $111.00 a unit, with 1% discount factor. Mr. Carroll asked, "Does this add to the $247.00 number"? Mr. Sutphin replied, "Yes, now we are getting up there Mr. Carroll". Mr. Ward stated, 'q'hat was extended out until Fiscal Year 2014". Mr. Ward stated, "What we have done for the Water Management Fund is take the existing program, which is approximately $8.00 per year and $718,000 in expenditures and 102 Budget Sub-committee November 13, 2003 forward fund that existing program for five years to Fiscal Year 2009". We looked at the historic average for the various services of Fixed Overhead, Personal Services and Operating Expenses and used the cost escalation factor of 3%. That has been consistent with what we have seen. Our average over the past five years has been approximately 9.32% on the Fixed Overhead and approximately 6.5% on Personnel Services. Those are the three primary cost escalation factors that were used in the three largest categories that we have in this analysis. For Capital Outlay, the assumption from Fiscal Year 2005 through 2009 is that we would not carry forward any monies that we had from prior years into the Capital Program. That is why you see a carry forward of "0" and you see your Capital Outlay amortizing out at $35,000 per year, which is approximately what we have been doing over the last few years for the existing asset program. All things being equal, without the anomalies of having some cash to carry forward, your water management system runs you approximately $100.00-$126.00 per unit from 2005 through 2009. That is a good historical five-year operating average that we can expect to occur over that period. Mr. Domenie stated, '`The water management on Page 1 is only estimated to be $250,000 over a fifty years period". Mr. Ward replied, "Page 1 is capital and this is operations". Mr. Domenie asked, "Assessment versus ad valorem is there a reason for assessment or a reason for ad valorem in these funds"? Mr. Ward replied, '`The primary reason that we utilize a non-ad valorem assessment is to try to equalize assessment across the community". Mr. Sutphin stated, "This reflects how we do it today". Certain things are assessments and certain things are ad valorem and there was no intent to change any operating mentality". Mr. Ward continued, ''Then what we did here was to provide you the flavor of the differences based upon a cost escalation factor between 1% and 5%, primarily for the operating supplies that are associated with the system". As you can see, there is not a huge difference. Mr. Ward stated, 'q'he next item is looking at the operating projections for community beautification over the five-year period, again looking at Fixed Overhead, Personal Services with a historical average of 9.32% and 6.5% for those costs, using a 3% escalation factor for operating 103 Budget Sub-committee November 13, 2003 1611 costs, which is consistent for the past five years and again funding your capital on an as-needed basis each year on an average. It doesn't matter what the asset is, but we fund approximately $90,000 a year and that money would be a rolling fund to renew and replace those assets that we have and not carry forward funds from cash in order to deal with that issue. Your assessments range from approximately $316.00 per unit, per year up to $359.00 per unit, per year over that period of time. Mr. Spanier stated, "If I look at Page 13 and focus only in the expenditure section and the relationship between what you called Fixed Overhead and Personal Services, you have a loading of 100% on Personal Services". If I then go to Page 16 and I look at Community Beautification, and I make the same comparison, I have a totally incommensurate order of magnitude difference. The fixed overhead loading on Personal Services is less than 10%, rather than 100%. I am still baffled by that question that you started with of whether this fixed overhead loading reflects to totality of County charges for general services or whether it is a blend of that. Why does it vary? Mr. Ward replied, "Because it is an arbitrary allocation into the fund". Mr. Spanier replied, "1 hear you talking, but I still don't understand it". It goes to the basic question of what is the indirect cost of labor if we outsource versus the indirect cost of labor as we are operating? I still have not digested the answer to that. It is a counterintuitive debate and is a variance to my experience elsewhere that there should be such an insignificant difference between total costs of buying contract service and producing them within a County government. You are saying that the relationship between the Fixed Overhead and Personal Services is an arbitrary relationship. Mr. Ward replied, "Yes, there really isn't a strong relationship, even at the County level". There is some relationship, but not strong. Mr. Spanier replied, "1 don't understand this, but I will learn from Mr. laizzo that analysis". I need to learn what an hour of Mr. Lukasz' labor into the field versus a fully loaded hour of purchased labor is. Mr. Ward stated, "1 don't think you are going to see a significant change in Fixed Overhead as a result of doing it that way from the County's cha[ge backs to us". We still deal 104 Budget Sub-committee November 13, 2003 with Purchasing Human Resources, etc. Yes, to a lesser extent, but we still pay the bills, we still have an office, we still have two people and all of the costs associated with that. You will see a reduction, but there is not such a significant change in the level service that we are providing that you get a significant savings by changing it from in-house to contractor. Not at this level, you might if it were a really big organization, but not at this level because we are pretty lean as it is. The one thing that is important to look at in these numbers is the fact that it does include the additional operating costs associated with the increased levels of service associated with the enhanced program. Mr. Sutphin stated, "That is understood". Mr. Domenie asked, "Have you included gate personnel"? Mr. Ward replied, "Yes". Mr. Ward continued, "The next page is what happens to the rate per unit at different escalation factors, with a high of $377.00 and Iow of $315.00". Mr. Ward stated, "The Street Lighting Fund is an ad valorem tax and the assumptions in the terms of revenues and expenditures are exactly the same as what I indicated before". We have provided in Fiscal Year 2005, a 10% increase in the ad valorem taxable value and a subsequent 5% increase in the taxable value as a result of Fiscal Year 2006 through 2008. As you can see, the ad valorem tax rates go from .02 to .04 and stay relatively consistent over the five- year period, based upon those assumptions. The next chart is the same analysis that you have seen before with different discount factors associated with it. Your highest ad valorem rate goes to .0501 in Fiscal Year 2009 with a 5% discount rate. Mr. Ward continued, "The Security Fund was done exactly the same way". Again, this is based on an ad valorem tax and the assumption is that those costs if they increase would increase at those rates consistent with what we did on the Street Lighting Fund. Your tax rate runs from .10 down to .0908 over the period of time, based upon the changes in taxable value and the increases in operating expenditures associated with the Sheriff's Office operation. At various discount factors, obviously .0979 is the lowest and .1 would be the highest taxable value that you would get to. 105 Budget Sub-committee November 13, 2003 Mr. Ward stated, '~Nhat the next chart is intended to do is to show you, based upon changes in taxable value of the community associated with the $27,000,000 program, what would happen to Pelican Bay home values as a result of the perceived increase and what would turn out to be the real increase in property values". Your current taxable value is approximately $4,272,000,000, a 1% increase with this kind of improvement program would equate to an approximate $42,000,000 in additional taxable value in property in Pelican Bay. It would be $427,000,000 at a 10% increase in property value. Mr. Sutphin stated, '`To me in a nutshell, the task is to collectively try and evaluate what that number would be based on whatever available external data we can come up with". If you were to tell me that to spend $26,000,000 over a ten-year period you are going to generate a $1,000,000,000 increase in property values, I would say how soon could we start? We don't know that is true. Mr. Ward stated, "The alternative on the flip side of that is that on a $26,000,000 program, it only takes a Y2 of 1% increase in property values to pay for the cost of that program". That is break even. What you really see is that property values only have to go up Y2 of 1% in order to pay for or receive the affect of a $26,000,000 program. Mr. Sutphin stated, "There is a high degree of sensitivity to cause and affect". That is the part that needs to be conveyed when we go to the community and ask for feedback. The first thing they are going to look at is that my tax bill is going to go up. Mr. laizzo stated, 'The bottom line is what they are going to look at". Mr. Trecker stated, "1 believe it is going to be very difficult to establish a cause and affect relationship here". If you move ahead with ail of these changes and you get the sort of increase in property value that you are projecting, you will not have run a controlled experiment, namely how those values would have increased had you done nothing.. Mr. Ward replied, "That is correct". It is very difficult, but what is easy to tell is how much you need to affect in order to get the value of improvements back out of the program and Y~ of 1% is a very Iow threshold in this business. It is easy to say you are going to see at least a 7% change in your property values as a result of this program. That is an easy statement for any of 106 Budget Sub-committee November 13, 2003 us to say. The question becomes, is that change significant in a $26,000,000 program and the answer is obviously yes. Mr. Trecker stated, "To support that supposition, you would need to produce a good deal of rather compelling historical data related to other communities". Mr. Ward replied, "If it existed, but it doesn't". Mr. Trecker replied, "If it doesn't exist I come back to my original assertion, you will not have run a controlled experiment and increases in property values may or may not have been related to the changes that you made". Mr. Sutphin stated, "It may not be accepted here and I have heard it said in this room, we don't need to do anything, the beach is our asset". If you want negative examples of what happens when you neglect a beachfront community, look at Long Beach, New York or Asbury Park, New Jersey and I can name several others. At one time they were top tier communities in their demographics and they turned into slums. The beach alone will not protect you. Mr. Trecker stated, "1 would submit that you have to do basic maintenance to maintain the property values". Mr. laizzo stated, 'q'hat is what we have been doing all along". Mr. Ward stated, "1 would suggest that you will find in Florida that basic maintenance does not maintain property value and never did in this State". Property values are maintained by keeping the community to the standard that it was constructed, the day it was constructed. This community is twenty years old now and you can go back to the 1980 timeframe when the design was put into place and figure out that you had property values and lot sales that exceeded anything else in Collier County, not solely because it was located on the beach. Today the property values are not exceeding what other communities are that have been constructed in the years from 1998 through today. Your property values are less than what you see in some of the other communities because the value of the infrastructure in Pelican Bay has changed over that period of time. 107 Budget Sub-committee November 13, 2003 __ Mr. Trecker stated, "In order to sell this in a compelling sort of way, you have to have some good cause and effect relationship demonstrations for other communities". Otherwise, we would be asking the community to take this on a matter of faith. Mr. Sutphin stated, "1 have certainly recognized that from day one and I wish I knew where to go to get comparative data". I tried to see if the County Tax Assessor, here or in Lee County, had data going back far enough to compare as an example, Pelican Bay that is not gated versus Bonita Bay, which is gated. The information does not exist. We need to come up with a way to get that information and I understand that it is essential to sell this program. If we don't believe it, we shouldn't do it. We should not spend any of this money unless we believe that it is money that will pay back in terms of increased property values. Mr. Tracker stated, 'q'here is an urban development organization that the Foundation has just subscribed to". Mr. Ward replied, 'q'he ULI (Urban Land Institute)". Mr. Trecker stated, "1 don't know if that would be a good source for this sort of thing or not". Mr. Ward replied, "It actually would be a good source". It is a national organization that represents development interests across the country. They do a ton of work in defining for the developers what is good, bad or indifferent in the marketplace today. It may be a good source in trying to get this information. Mr. Nordhoff asked, "Mr. Trecker, when you say you don't think we can sell it on faith, I don't disagree with that, but isn't it more a matter of selling it on logic"? If you enhance any asset, it is going to be worth more. I don't have that same negative feeling and the bright people in Pelican Bay can see what is going on around us. I would not be afraid to sell this on the basis that enhancement will increase values. Mr. Trecker replied, "1 think you are talking about a number of different changes and you seem to have packaged these all together". I think some of the changes may be imminently saleable and others may be very difficult to sell, despite what may be a very small price tag. 108 Budget Sub-committee November 13, 2003 There are emotional factors on some of these issues and gating is certainly one of them that may transcend the dollars and cents. Mr. Sutphin stated, 'q'here was no intent to present this as an all or nothing document". I would be amazed if we didn't significantly reduce some items, perhaps replace them with things that no one has yet decided that we want to do. Mr. Ward, as I mentioned earlier when you were out of the room, your organization did an unbelievable job of putting together a lot of information in one week. You left out the one page that I really wanted to see, which was if you add all of this up and take the average residence, which think we talk in terms of $500,000, what does my tax bill do over a five-year period? I would like to suggest that over the next couple of weeks, that Mr. Ward segregate replacement from new capital in these schedules. If no one objects, let's agree on a 5% discount rate and I think that is realistic for planning purposes because it is worse case. Come up with a more condensed version that would be available to the entire Board, but a three or four page summary, which represents the first cut at this plan. I would suggest that this Sub-committee recess until just prior to the Board Meeting on December 3, 2003 to take a last look at that plan to present to the full Board on December 3fa, as a first cut at a Five Year Plan and Ten Year Capital Plan. None of the numbers would change from what is in here now. Mr. Carroll asked, "Mr. Sutphin, would you break it down at that time into the seven or eight items or would you still be dealing with a total"? Mr. Sutphin replied, '~,/Ve can break this down into any level of detail that you want". That I think is important for the Board to see is that if we pursue this concept, whether the money is spent on gating or on exotic plantings, if we are looking at a incremental capital plan in the $25,000,000 range and the incremental services that have been identified to support that infrastructure, this is what it is going to cost. In the Board's view, if that is an unacceptable level of taxation to impose on the community, then we need to take~ a step back. If you didn't gate the community, maybe the $26,000,000 becomes $23,000,000. It doesn't change the magnitude of the increase in the assessment levels that are going to be required to support upgrading this community to it being a top tier community. Mr. Carroll stated, "As I read it, you are trying to dimension the potential cost". 109 1 !I November 13, 2003 Mr. Sutphin stated, "Right and if that number is unacceptable to the Board, we need to say okay, maybe we want to be an almost top tier community". Mr. Carroll stated, "Or we can go forward with items 2, 5, 7 and 8, but that might compromise what you just said". If we only do a third of these items we may drop out of the top tier to something short of that. Mr. Ward stated, "At that point you would have to redefine your Mission and Objectives". Mr. Sutphin stated, "In other words, this is the first cut at the financial implications of the Mission and Objectives that were approved at the Board Meeting". Mr. Carroll asked, "Do you plan to do that before you do any testing of the community or anybody else before December 3rd"? Mr. laizzo stated, "1 would like to delay it until January". Mr. Sutphin asked, "Delay what"? Mr. laizzo replied, 'q'his information". Let's not have it ready for December 3rd. Let's give ourselves another month. Mr. Sutphin stated, "1 don't understand why, these numbers are not going to change". Mr. laizzo stated, '¥Ve are not hoping to change the numbers". I think we need to digest this information. There is a lot of information here that I am going to want to look at, question and feel comfortable with. Mr. Sutphin stated, "No one is asking that any Board Member, including myself, be comfortable with the details that make up any one of those programs". The details do not exist. Mr. laizzo replied, "Not the details, the understanding of how it works". Mr. Sutphin replied, "1 don't have a clue of how gating would work". What I do have a clue to is that it is going to cost in the $10,000,000 range to do it and it is going to increase operating expenses by $500,000 a year. How that gets done, with what personnel, what spending is involved, I don't have the faintest idea, nor do I want to be bothered with it at this point. If the resulting taxation levels of spending that money and adding those resources are not acceptable to the Board, then why waste time worrying about it? Why waste time in going to the community? 110 Budget Sub-committee November13,2003 1 A J l Mr. Nordhoff stated, "1 think it should go to the whole Board before it goes to the community". Let's take it to the Board on December 3rd, let them decide if we want to take it to the community in January, when there will be more people here anyway. Mr. Carroll stated, "That sounds right to me, but I would make one suggestion and that is to consider somehow of getting the Foundation Board slightly up to speed". Mr. Trecker has been with us, but his Board has not been. Mr. Sutphin stated, 'What I would love to do and I will do it myself or anyone on the Sub- committee can do it, or you could do it Mr. Carroll and that is to simply take the Foundation Board through what we went through here today". Explain exactly what we are trying to do, which is a very rough first cut. The Foundation Board is composed of intelligent people and I would welcome their input. Mr. laizzo stated, "1 would suggest that Mr. Ward be available to talk to the Foundation Board". Mr. Trecker replied, "1 am not sure of what response you would want from us and perhaps it is none". This is just informational at this time. Mr. Sutphin stated, "No response is fine". Mr. Trecker stated, "1 am not sure you can support a correlation between spending the magnitude of money you are proposing and upgrading the quality of the community". I don't think that is a relationship that is going to sell. For example, it is not apparent to me that gating the community is going to upgrade its' status. Simply saying that we have this much money and we can spend it, it will cost each of you so much and if you don't spend this you are not going to have a top tier community, I don't think that logic washes. Mr. Sutphin stated, 'q'hat is not the intent and I think we have let gating get in the way of a lot of thinking". Gating is one of many items that were thrown on a wish list. Most of the elements of this capital program can be done independent of gating. There is a premise, as yet unproven, that gated communities' increase in value faster than non-gated communities. That may be totally wrong, but that is a premise. I go through one set of gates to get home, I don't necessarily want to go through two unless it would have a positive impact on my investment. 111 BudgetSub-committee 1 6 I ! November 13, 2003 Mr. Trecker stated, "1 do not want to get into a debate on gating". The cost of gating and the potential upgrade in property values are just a couple of factors that the community is going to take into account. The convenience factor and the emotional underlay involved with gating may well supercede any perceived or possible gain in property value. The other point I wanted to make and Mr. Carroll and I have chatted about this is, if you think it would be useful to get a first cut early reading from the Foundation Board, or meeting is November 24th, we could certainly give you a sampling of seven people involved in governance in regard to prioritizing some of the things you are talking about. We would be pleased to do that if you thought it would be of use to you. Mr. Sutphin replied, "1 think it is very important". Unfortunately I am going to be in Cuba for ten days starting November 21st, but that is not a reason not to do this. I think the sooner we get the feedback, the better off we are. Mr. Trecker asked, "Mr. Carroll would you want to put a simple list together that we could then provide you with some priority comments"? Mr. Carroll asked, "Isn't the wish list what Mr. Trecker is asking about? Mr. Sutphin stated, "1 think it is the wish list and the one page that Mr. Ward did not include in this presentation". If we spend on the order of $25,000,000 over the next ten years, here is what it is going to cost the residents. I would love the reaction of the Foundation Board to that. Mr. Carroll stated, "Mr. Trecker suggested that possibly Mr. Ward and Mr. Sutphin could attend the meeting and make this presentation". Would that be too much at this early stage? Mr. Trecker stated, "This would be far too long". Mr. Nordhoff stated, "Both Mr. Ward and Mr. Sutphin have indicated that they would not be available on the 24th and the presentation is long". If it were shorted to one hour, could you have a special meeting at a time when they can attend? Mr. Trecker replied, "If you are just looking for some type of response in terms of general guidance from the seven members, I don't know that you need to go into the details of a special presentation". I think a one pager with the proposed upgrade projects you are talking about, 112 Budget Sub-committee November13,2003 1 6 ! 1 provided in advance, would probably be adequate, with the understanding that this is in its' very early stage". Mr. Carroll asked, "Can you produce that"? Mr. Sutphin replied, "Mr. Ward can produce it and I think the price tag ought to go with it". Mr. Ward stated, "It can be produced and the one piece of the puzzle is the Mission, Goals and Objectives". You have to buy into all of it in order to make it work. Mr. Sutphin stated, "Mr. Trecker, it is probably going to be three pages". There will be the Mission, Goals and Objectives and a one-page summary, with here is your bottom line. Mr. Domenie asked, "Mr. Ward in your ad valorem estimates, did you keep the taxable value constant"? Mr. Ward replied, "No, we increased it at 10% the first year and 5% in subsequent years". Mr. Werner stated, '1 think that the financial aspect is going to be the least to be considered". I think it is going to be convenience, and personally I don't particularly care to live in a gated community, and emotional attachment is going to be more important to the people of Pelican Bay if they are presented with that issue. Mr. Sutphin replied, "1 have my own views on gating, but I am a pragmatist". I think the reality of gating Pelican Bay, even though it is legal, is that one of the first things that I would recommend if the Board votes to pursue it to its' next step, is even before going to the residents, obtain a resource that could give us a very well researched opinion that we could rely on as to the political feasibility of doing it. I think the answer is going to come back "no". That is my feeling. The County will find a way to not let us do it. Mr. laizzo stated, I also believe that, but again our property value will go up and there are more taxes in it for them". The Commissioners are changing every so often, so you never know who is going to be on the Board at the time. Mr. Sutphin stated, 'This Commission would not vote to allow Pelican Bay to put up gates". I would bet on that one. For the purpose of doing what I think we are doing here, that is irrelevant. 113 Budget Sub-committee November 13, 2003 Mr. Werner stated, '`The problem is, if you get the community stirred up about something that is not possible to do, that is going to be a highly emotional issue and we have gone through that a few times". Mr. Sutphin stated, "That is precisely why it is too early to go to the community". Let's replace gating with a wider Pelican Bay Boulevard and we come up with the same amount of money, is the resulting assessment level something that the Board will support? No gates, but we have a wider street with a bike path. Until we have the answer to that fundamental question, I don't see the sense of getting into the detail. That is what I would propose to present to the Board in December and we are either going to vote that those levels are acceptable and then go to the next step of getting into the guts of some of these programs and deciding how feasible they are and what we have to do in terms of interfacing with the community. Until we get a consensus from the Board that the financial implications of the Mission and Objective Statements are something that the Board supports, I am not prepared to go much further. Hopefully, by December 4th we will know that. Mr. laizzo stated, "1 will be absent for the next meeting". Mr. Sutphin asked, "Mr. Ward, would it be legal to send Mr. laizzo the revised summary, with the bottom line separating the replacement and non-replacement capital that we are going to review prior to the Board Meeting, since he is not going to be here"? Mr. Ward replied, "Sure". Mr. Sutphin stated, "Mr. laizzo, you will need to send any comments you have back to Mr. Ward so that they get incorporated into what we see". The meeting recessed until 2:00 P.M. on December 3, 2003 at Hammock Oak Center. Christopher Sutphin, Chairman 114 1611 1611 0 ~ o~ 1611 j = Message srnith_b Page 1 of 1 From: Chris Sutphin [chris@cfsbbs.com] Sent: Sunday, November 16, 2003 8:34 PM To: smith_b Subject: FW: PBSD Summary Please distribute email and attachment with December board package. Thanks. Chris ..... Original Message ..... From: Chris Sutphin [mailto:chris@cfsbbs.com] Sent: Sunday, November 16, 2003 9:44 AM To: Dave Trecker (djtrecker@snet.net) Cc: .lira Ward (wardj@glmoyer.com) Subject: PBSD Summary Dave: Attached is a 3 page summary (large type) for your board. ! think it provides a capsule and highlights the kind of feedback ! feel we need to intelligently proceed. I think it is critical to know at this point if the Foundation Board has a significantly different view of where Pelican Bay should be headed than does the PBSD Board. Should this be the case then one of us is wrong and we should explore the reasons and attempt to get in sync. Failure to do that early in the game will result in wasted effort and ultimately funds spent in the wrong areas for the wrong reasons. As stated in the summary the fundamental premise is that Pelican Bay is falling behind and it will require a significant increase in capital spending and to a lesser extent improved services to catch up and maintain our position. !f the Foundation Board disagrees with that premise we need to know that - and why they disagree. ! am leaving the country on Friday for 10 days. Jim Ward can provide any amplification you may desire on any of the items contained in the attached summary. Please give me a call at your convenience to discuss. Regards, Chris Sutphin Chairman, Budget Subcommittee PBSD Board (239)596-1351 Voice (259)596-1555 Fax (239)269-5689 Cellular 7/2003 1611 PELICAN BAY SERVICES DIVISION BUDGET PLANNING - STEP I SUMMARY FOR PELICAN BAY FOUNDATION BOARD The following information is designed to give the Pelican Bay Foundation Board a capsule of current thinking of the PBSD Board in developing a strategic plan for the future of Pelican Bay. The MISSION STATEMENT focuses on maintaining Pelican Bay's position as a "Top Tier" community. Capital spending plans to support the mission are based on the premise that Pelican Bay is LOSING GROUND relative to other communities and that increased capital spending for upgraded and new infrastructure is required to regain and maintain "Top Tier" status. The PBSD Board feels that the understanding, support, and cooperation of the Pelican Bay Foundation Board is essential if the mission is to be achieved. If the Foundation Board fundamentally disagrees with the mission, the premises used to develop spending plans, or the scope and cost of the resulting programs it is important to know that in the formative stages of long term strategic plan development. We stronqly believe, as stated in the obiectives, that commonality of obiectives is a key element to success. It is important to recognize that with the exception of identified replacement programs and specific projects such as Beach Renourishment the programs are conceptual at this time. What is important is a "buy in" to the concept - or the recommendation of a change in concept - rather than a critique of individual programs. If the two board are of a common mind as to direction, scope, and general levels of spending required to accomplish the mission further review of individual programs will follow. The PBSD Board welcomes the Foundation's Board's feedback. It is essential to our mutual success. 1611 BUDGET PLANNING - STEP I - MISSION AND OBJECTIVES MISSION STATEMENT Preserve and enhance property owner value and resident quality of life by promptly and efficiently providing services and capital improvements which answer the needs of the community within Pelican Bay and maintain it's position as a top tier community. OBJECTIVES The following objectives support the mission statement and provide the basis for the service levels and capital programs required. Objectives determine the general level of funding and resulting assessments and ad valorem taxes required. · Provide community beautification and water management services at defined levels in the most cost effective manner. · Maintain street lighting at defined standards. Monitor available alternatives to improve operating costs and aesthetic value. · Provide security services to the community to enhance safety and quality of life. · Identify, plan, and execute capital programs to maintain and enhance the existing infrastructure of Pelican Bay to maintain its position as a "top tier" community. Dimension the funding required to execute these programs over a 10 year period. · Identify and execute programs to restore, maintain, and enhance the mangrove preserve in a cost effective manner · Work closely with The Pelican Bay Foundation to ensure a commonality of objectives to optimize use of financial resources and resulting improvements. · Develop working relationships with key Collier County staff personnel to further the ability to achieve objectives. PELICAN BAY SERVICES DIVISION BUDGET PLANNING - STEP I - CAPITAL PROGRAMS The following programs have been identified as possible candidates to support the approved mission of PBSD. They have not been individually approved nor have they been developed in detail. They represent a "wish list" of individual PBSD Board members. "Top down" estimates of costs have been used. PROJECT TYPE ESTIMATED 10 YEAR COST Million Replacement: Landscaping 2.00 Irrigation System 1.60 Water Management .25 Oakmont Lake Wall .30 Traffic Signage .22 Equipment .55 Total Replacement 4.92 Infrastructure UDQrades: Street Lighting Ballard Lighting Sidewalk and Tram Paving 2.00 .25 .75 Total Upgrades 3.00 Environmental Restoration and Ul~(~rades: Clam Bay Improvement Funding Berm and Wetland Restoration Beach Restoration 3.00 3.40 1.70 Total Environmental 8.10 New Infrastructure: Entrances and Water Features Hardscape Projects Us 41 Security Wall 4.80 4.90 1.25 Total New Infrastructure 10.95 TOTAL CAPITAL PROGRAMS 26.97 16Il CLAM PASS RESTORATION AND MANAGEMENT PLAN BATHYMETRIC MONITORING REPORT NO. 4a INTERIM MONITORING, NOVEMBER 2003 Submitted to: Pelican Bay Services Division Collier County Prepared by: Humiston & Moore Engineers HM File No. 9068 November 2003 CLAM PASS RESTORATION AND MANAGEMENT PLAN BATHYMETRIC MONITORING REPORT NO. 4a INTERIM MONITORING~ NOVEMBER 2003 CONTENTS 1. Introduction ................................................................................ 1 2. Recent Inlet and Beach Changes ............................................... 1 3. Inlet Impact Mitigation Options ................................................... 4 4. Inlet Stability ............................................................................... 4 5. Conclusions ............................................................................... 9 LIST OF FIGURES 1. Clam Bay Dredge Cut Site Plan ................................................. 2 2. Clam Pass Inlet Cross Section Site Plan and Contours ............... 3 3. Clam Pass Cross Sections, Dredge Cut ...................................... 5 4. Beach Profile R-41 Fill Template ................................................. 6 LIST OF TABLES 1. Short Term Inlet Width and Cross Section Area Comparison ..... 7 2. Long Term Inlet Width and Cross Section Area Comparison ...... 7 3. Cross Section Comparison to Pre-Restoration Condition ........... 8 Appendices A. Clam Pass Cut 4 Cross Sections B. Clam Pass Beach Profiles C. Recent Ground Level and Oblique Aerial Photographs Acknowledgement Survey data for this report was collected by Agnoli, Barber, and Brundage, Inc. 16ll CLAM PASS RESTORATION AND MANAGEMENT PLAN BATHYMETRIC MONITORING REPORT NO. 4a INTERIM MONITORING~ NOVEMBER 2003 1. Introduction Annual monitoring of Clam Pass has been conducted to fulfill the requirements of Florida Department of Environmental Protection (DEP) permit 0128463-001-JC. Annual surveys are conducted in the spring. This report presents the results of an interim monitoring conducted in November of 2003 to evaluate recent changes since the last annual monitoring event. This report may therefore be considered as supplementary to the ongoing monitoring program, and has been designated as Report Number 4a because it falls between completed Report Number 4, which presents the 2003 monitoring, and Report Number 5, which will be completed in spring 2004. The appendices in this report also show the results of two earlier surveys to illustrate comparative changes since 1998. 2. Recent Inlet and Beach Changes The most significant recent inlet shoaling occurred along approximately 125 feet of the channel in the vicinity of Stations 4+10 to 5+10. Figure 1 shows that this shoal lies on the north side of the channel just inside the inlet entrance channel. This shoaling occurred at the same time as a northward migration of the portion of the entrance channel that crosses the beach. The northward migration of the channel caused erosion in the vicinity of DEP Reference Monument R-41. Figure 1 is a January 2003 aerial photograph, which shows that both the shoal formation and northward channel migration had begun prior to the June 2003 survey. This is also illustrated in the inlet contour map shown in Figure 2 and in the channel cross sections included in Appendix A. The volume of sand in the shoal, in the vicinity of Station 4+10 and Station 5+10, is estimated to be approximately 2,000 cubic yards. At its northernmost position, the channel migration was very close to the southwest corner of the Pelican Bay South Beach Facility located approximately 300 to 400 feet north of the inlet. This is also shown in Figure 2 and on beach profile R-41 included in Appendix B. The channel migration also exposed this area to increased wave action which caused further erosion and lowered the beach profile at the southwestern pile supporting the beach facility. Visual inspection indicates the beach was lowered by approximately one foot at the pile. The profiles in Appendix B show that the beach immediately seaward of the pile was lowered by approximately two feet. It is estimated that approximately 1,500 cubic yards of sand eroded from a section of beach approximately 200 feet long in the vicinity of R-41. Figures C1 and C2, Appendix C, are photographs which illustrate the shoreline condition near the south end of the Pelican bay South Beach Facility. 1 R -"41 R-42 STON blOORE CLAM PASS DREDGE CUT SITE PLAN COLLIER COUNTY JOB: 9068A CUT-PLAN )ATUM: NONE 2 1 "=200' FIGURE: 1 5679 STRAND COURT NAPLES, FL 34110 FAX: (239) 594-2025 PHONE: (239) 594-2021 www.humlstonondmoore.com - q -75 0 75 150 Scale: 1" = 150' NORTHERN '~ INTERIOR OUTER BASEUNE STATION NORTHING" EASTING= AZIMUTH STA 0+00 686125.6 251625.0 559'51'28" ' STA 0+25 686125,9 251650.0 559'51'28" STA 0+50 686124,1 251675.0 $59'5t"28" STA 0+75 686124.5 251700.0 559'51'28" STA 1+00 686124.5 ~251725.0 559°51"28" STA 1+25 686124,7 231750.0 559'31'28" STA 1+50 686124.9 251775.0 55g'51'28" STA 1+75 68612.5.1 251800,0 559°51'28" STA 2+57.5 686125.6 252862.5 1559°51'28" STA 5+00 686126.1 252925.0 559°51'28" STA 5+64.5 686126.7 2:51969.5 559'51'28" LEGEND: ; STA 4+10 686199.9 2:52057.6 559'51'28" STA 4+60 686217.0 2:52084.6 556'18'20' 11/04/03 STA 5+10 686254.1 2:521:51.6 STA 5+60 686251.2 2:52178.5 556'18'20'; -- 06/05/03'3 STA e+lO 686268.:5 2:52225.5:5:56'18'20"1 i 10/15/98 L BASELINE LOCATION TABLE HI.,~MIST()N CLAM BAY i~~J(:ENGINEERS~ MC~()RE~.,~ DATE:IFOR: COLLIER1 'N~.[~T/24/03CROSScouNTYlFiLE:90681NLETSECTION SITEjscALE:iPLAN "=150' 5679NAPLES.FAX: 239STRANDFL594341COURT202510 _ PHONE: 239 594 2021 ~,'~[',~,';~L~':'" JOB FILE:9-O681DATUM: NGVD IFIGURE: 2 BASEUNE STATION NORTHING' EASTING~ AZIMUTH (~) STA 0+00 686123.6 2:51625.0 559'51'28" ' STA 0+25 686123.9 251650.0 559'51'28" STA 0+50 686124,1 251675.0 :559'5t'28" STA 0+75 686124.3 251700.0 :559'51'28" STA 1+00 686124.5 231725.0 559'51'28" STA 1+25 686124.7 231750.0 359'31'28" STA 1+50 686124.9 131775,0 559'31'26" STA 1+75 68612.5.1 2:51800,0 559°51'28" STA 2+57.5 686125.6 252862.5 :559'51'28" STA 5+00 686126.1 252925.0 559°51'28" (~) STA 3+64.5 686126.7 2:51989.5 359'31'28" ~'~ STA 4+10 686199.9 2:52057.6 559'51'28' STA 4+60 686217.0 2:52084.6 536'18'20' STA 5+10 686254.1 2:521:51.6 :556'18'20" STA 5+60 686251.2 2:52178.5 556'18'20' (~ STA 6+10 686268.:5 2:52225.5 :536'18'20" -- 3 1611 3. Inlet Impact Mitigation Options The erosion near R-41 could be addressed by excavating material from the shoal in the vicinity of Stations 4+10 and 5+10. The manner in which this could be done is illustrated in Figures 3 and 4. It is anticipated that this could be done economically by mechanically excavating the material from the shoal and spreading it along the beach near R-41. This would provide a sufficient amount of sand to restore the beach close to the profile that existed in this area prior to the inlet migration. It should be noted that this is not a permanent fix for this problem. The inlet will to continue to migrate as it has in the past, however, it should be also be noted that the position of the inlet as documented by the November 2003 survey is now closer to the location of where it is maintained during maintenance dredging operations. This is discussed in more detail below. The other alternative would be to simply wait and see if the beach recovers naturally. It is fairly likely that this will occur, however, how long that might take is uncertain and the fluctuating position of the inlet entrance could interfere with that recovery. Additionally, the natural recovery would not achieve specific beach berm elevation and limits that could be restored with nourishment. 4. Inlet Stability Figure 1 presents the scope of the inlet cross section survey plan. The cross sectional area of flow through the inlet is one indicator of inlet stability. Tables 1 and 2 provide a comparison of channel flow cross sections between monitoring surveys. These are the same tables included in Report Number 4, with the November 2003 data added. Column 10 of Table I illustrates that from April 2002 to June 2003 the channel cross sectional area was generally reduced, by an average of -36%, due to shoaling. This is particularly noticeable from Station 0+75 to Station 1+50 where the decrease averaged -62%, which is the section of channel which crosses the beach littoral zone where the migration occurred. This decrease in flow cross sectional area is probably related to periods of high wave energy generating sand transport into the inlet at a rate higher than the tidal current's ability to scour it back out. If the wave direction was predominantly out of the south and southwest, the reduced cross sectional area would be accompanied by northward growth of a sand spit from the south side of the inlet. Growth of the spit caused migration of the inlet to the north. Column 11 of Table I illustrates that from June 2003 to November 2003, the channel cross sectional area increased by an average of 61%. Station 0+75 to Station 1+50 experienced the greatest increase, an average of 175%. This is most likely attributable to a lower wave energy environment relative to that which caused the channel migration, coupled with a spring tide. The higher spring tides overtopped the spit that had pushed the inlet to the north, and stronger currents aided by the improvements to the channel system made in 1999 cut a new channel breaching the south end of the spit. 4 ST.&. 4+10 11/0~ -12 NORTH O0 ' -1150 r-~ 9 cY/n. ' -1'oo ' -~o ~ ~ ' 1(~o SOUTH 1~0 ' 200 ~-8~ _10- -12 NORTH 30 ' -lIDo ' -1100 STA 4+60 1? CY/rT '-~iO ~ 510 '1(~0 o. ST^NC£ rRO,~ .*SEU.E (rEm 11/o5 SOUTH 1~o NORTH -~00 -1150 STA 5+10 ~ ~3 cY/n -,'oo ' -~o ~ ~'o ,do ' D~ST^.cE F,O..*SEU.E 11/03 IHUMISTON! CLAM BAY CROSS SECTION ~' ~,I(X~.I~.H ] CUT 4 ~NGINE~E~FOR: COLLIER COUNTY ~ ' :'---IDATE: 11/19/O~FILE: XSECCUT4 reSCALE: 1":100' ~,~T~ JJOB: 9068A IDATUM: NGVD JFIGURE: 3 REPRESENTS APPROXIMATELY 50' OF CHANNEL OR 450 CY OF MATERIAL. REPRESENTS APPROXIMATELY 50' OF CHANNEL OR 850 CY OF MATERIAL. REPRESENTS APPROXIMATELY 25' OF CHANNEL OR 525 CY OF MATERIAL. TOTAL OF APPROXIMATELY 125' OF CHANNEL OR 1625 CY OF MATERIAL. 5679 STRAND COURT NAPLES, FL 34110 FAX: (259) 594-2025 PHONE: (259) 594-2021 www.humistonondmoore.com 10- R-41  E 2003 MHW (,+1.50' NGVD) Q' NOVO cY/rr. DISTANCE SEAWARD OF' DNR MONUMENT, FEET 10- R-41 ~ I~HW ~+1.so' Nb'VO~ NOV. 2003~/ ~.. ~' N~ 7.3 CY/rT 6 ~'o 16o 1~o ~ ~ ~6o OISTANCE SEAWARD OF DNR MONUMENT, FEET Im --].J[]MIST()N! BEACH PROFILE R-41 llallm~J(,,)],E I FILL TEMPLATE I i~~i I ?'C]~EE~qro~:COLLIER COUNTY I ! ~'~"- IDAT[: 1 1//25/03 IFILE: AERIAL ISCALE: 1 "=100' 6 REPRESENTS EROSION OF APPROXIMATELY 1200 CY. REQUIRES APPROXIMATELY 1500 CY TO rILL 200' OF BEACH. 5679 STRAND COURT NAPLES, FL 54110 FAX: (259) 594-2025 PHONE: (259) 594-2021 www.humistonandmoore.com SHORT TERM WIDTH AND CROSS SECTIONAL AREA COMPARISON 09/24/01 4/02 6/03 11/03 % Change Area Station 1 2 3 4 5 6 7 8 9 10 11 Number Width(ff.) Area (fl~) Width(ff.) Area (ff~) Width(ff.) Area (ft~) Width(ff.) Area (~) 9/01-4/02 4/02-6/03 '6/3-11/03 0+00 336 351 380 408 400 304 400 401 16% -26% 32% 0+25 299 352 360 320 232 303 400 366 -9% -5% 21% 0+50 242 334 342 261 233.4 287 345 348 -22% 10% 21% 0+75 222 297 327 308 188.9 104 400 365 4% -66% 251% 1+00 188 292 313 303 84.8 109 341 302 4% -64% 177% 1+25 171 284 296 283 67.7 100 270 276 0% -65% 176% 1+50 149 272 210 241 64.5 115 220 226 -11% -52% 97% 1+75 134 270 138.8 236 144.9 230 176 199 -13% -3% -13% 2+00 131 282 129.8 271 159.7 205 141 170 -4% -24% -17% 2+37.5 130 281 104.2 202 125.8 112 99 169 -28% -45% 51% 3+00 97 261 96.2 209 115.6 83 55 153 -20% -60% 84% 3+64.5 85 234 49.2 192 41.6 189 53 205 -18% -1% 8% 4+10 118 238 174.3 542 113 212 111 272 128% -61% 28% 4+60 125 246 181.2 539 65.9 160 107 215 119% -70% 34% 5+10 115 280 122 308 56.2 50 168 10% 5+60 81 261 76.4 235 61.7 157 70 178 -10% -33% 13% 6+10 61 245 62.5 213 61.5 174 64 194 -13% -18% 11% Average 8% -36% 61% TABLE 1 9/01 Post Tropical Storm Gabrielle Monitoring Survey 4/02 Maintenance Dredging Post Construction 6/03 Monitoring Survey 11/03 Monitoring Survey LONG TERM WIDTH AND CROSS SECTIONAL CHANGES 4/22/1999 10/00 11/03 % Change Area Station I 4/99- 4/99- Width Iff') Area (ff2} Width (fl.} Area (fl2} Width (ft.)l Area (ff2) 10/00 11/03 0+00 324 546 117 130 400 401 -76% -27% 0+25 326 529 112 125 400 366 -76% -31% 0+50 328 536 114 129 345 348 -76% -35% 0+75 295 508 119 141 400 365 -72% -28% 1+00 259 468 150 153 341 302 -67% -35% 1+25 212 472 129 134 270 276 -72% -42% 1+50 157 385 111 133 220 226 -65% -41% 1+75 104 301 116 104 176 199 -65% -34% 2+00 94 249 141 170 -32% 2+37.5 98 264 60 115 99 169 -56% -36% 3+00 106 330 99 229 55 153 -31% -54% 3+64.5 70 246 78 109 53 205 -56% -17% 4+10 151 476 113 127 111 272 -73% -43% 4+60 168 658 135 149 107 215 -77% -67% 5+10 121 406 90 163 50 168 -60% -59% 5+60 72 215 63 147 70 178 -32% -17% 6+10 60 152 55 154 64 194 1% 28% Average -60% -33% TABLE 2 4/99 Management Plan Improvement Dredging Post Construction 10/00 Monitoring Survey 6~03 Monitoring Survey 11/03 Monitoring Survey 7 CROSS SECTION COMPARISON TO PRE-RESTORATION CONDITION CLAM PASS INLET CROSS SECTION AREA CHANGE Station Number O~-98 Nov-03 Change Increase 0+00 117 401 284 242.74% 0+25 100 366 266 266.00% 0+50 84 348 264 314.29% 0+75 82 365 283 345.12% 1+00 74 302 228 308.11% 1+25 70 276 206 294.29% 1+50 88 226 138 156.82% 1+75 199 2+00 129 170 41 31.78% 2+37.5 120 169 49 40.83% 3+00 62 153 91 146.77% 3+64.5 100 205 105 105.00% 4+10 59 272 213 361.02% 4+60 78 215 137 175.64% 5+10 73 168 95 130.14% 5+60 68 178 110 161.76% 6+10 64 194 130 203.13% Average 85.5 247.4706 165 205.21% Weighted 178.65% TABLE 3 Table 2 and Table 3 illustrate inlet stability on a longer term basis as well. The last two columns of Table 2 show that the inlet cross section is generally greater 19 months after the 2002 dredging than it was in October 2000, 18 months after the 1999 dredging. Figures C2 and C3 are oblique aerial photographs taken on October 31, 2003. These photographs show the north end of the spit that was breached by the new channel. This new channel is a natural realignment along an axis closer to the design dredge cut. The new channel now supports the tidal flow, and the channel that had migrated to the north is beginning to fill in. 5. Conclusions The part of the flood shoal near the inlet entrance contains a sufficient amount of sand to restore the beach immediately north of the inlet along the section of beach where channel migration caused erosion back to the Pelican Bay South Beach Facility. This could probably be accomplished under a modification of the existing permit. This would require coordination with the Florida Department of Environmental Protection, the Corps of Engineers, and Collier County. Channel scour action on flood tide carries sand into the inlet where it accumulates in flood shoals. Eventually those shoals will grow to the point where they interfere with tidal flow to the extent that the self scouring ability of the inlet will be diminished. The interim monitoring survey shows that some shoaling has occurred, however, recent changes in the inlet entrance alignment indicate that at the present time, under normal weather conditions, the scour action of tidal flow still appears to be sufficient to maintain the inlet. Additionally, cross sections of the flood shoal area, from Station 5+60 to Station 18+28 show that the shoal area dredged in 1998 remains relatively clear. Some shoaling has occurred between Station 8+00 and Station 9+50, however, this shoaling is not considered significant enough to impair the hydrodynamics of the inlet, or to justify the cost of mobilizing a hydraulic dredge for maintenance dredging of the flood shoal. The annual monitoring reports include an evaluation of tidal ranges within the bay. Tidal range within the bay is a direct indicator of the volume of flow through the inlet, and the tidal data evaluated for Monitoring Report Number 4 did not show that there was any significant flow restriction that would indicate an immediate need for dredging. Based on the data collected for this monitoring report, conditions at the inlet do not indicate that dredging is necessary at this time to maintain tidal flow through the inlet. However, maintenance dredging of the Clam Pass inlet channel system will be necessary at some time in the future. If the shoal in the vicinity of Station 4+10 to Station 5+10 were dredged at this time to obtain sand to mitigate for erosion north of the inlet, that dredging could prolong the time until more comprehensive maintenance dredging of the flood shoal would be needed. The next monitoring survey and report will include an update of the tidal data analysis. This will provide a more thorough evaluation for projecting a schedule for the next maintenance dredging event. END Appendix A Clam Pass Cut 4 Cross Sections Stations 0+00 thru 18+28 S STA 0+00 6- -10- NORTH SOUTH -,00 -:~so -~00 -:~50 -,'00 -¢50 - o~rANC£ FRO~ D^SEUNE ~A 04-25 ~ ' -~ / - NORTH ~UTH -~2 , , ' -~ -~o -~oo -~o -~oo -~'~o -~'oo -~o DISTANCE fROM ~SEUNE ~A ~ ~ I' NORTH SOUTH -~ -~o -doo -~o-~oo -~'~o -~'oo -~o DI~ANCE F~M ~EUNE (FEET) ~ ~ ~ 10/98 PRE-DREDGE ....... 4/99 POST-DREDGE .............. 4/'02 POST- DREDGE ~/o~ ~ ~/os HUMi~T()~ CLAM BAY CROSS SECTION ~M(g)I~E CUT 4 5679 STRAND COURT NAPLES, FL 34110 EN(;INEEIIS FOR: COLLIER COUNTY FAX: (239) 594-2025 ..... -~- DATE: 11/19/O~FILE: XSECCUT4 [SCALE: 1"=100' PHONE: (239)594-2021 · ,.~,~,. .... ,.,a JOB: 9068A JDATUM: NGVD IFIGURE: A1 STA 0+75 -10-' NORTH SOUTH -1!~0 ' -~50 ' -~00 ' -~50 "-~00 ' -1'50 ' -1100" -~0 D,STA.CE F~OM .^sEuN~ (fEET) ~A 1+oo -22 ...... . ~ ~'~ -10- NORTH -12 -4o0 -~o ' -~oo SOUTH -250 -~00 -1~50 -1100 -,~0 DISTANCE FROM BASEUNE (FEET)  t $TA 1 +25 o 2]-..,~- ::".'~. ~ _ ~ ..... - ..... ~. / -12 NORTH )0 ' -;~50 ' -~00 "-~150 ' -~100" -1150 OISTANCE FROM BASEUNE (FEET) -100 SOUTH -~50 ' , 10/98 eRE-DREDGE ....... 4/99 POST-DREDGE .............. 4/02 POST-DREDGE 0/03 ~1/o~ I H[/MISTON ] CLAM BAY CROSS SECTION J~~J J E~'GINEBR~FOR: COLLmER COUNTY J~;~3%,, , JOAT[: 11/19/O~FILE: XSECCUT4 JSCALE: 1"=100' : "-' ': .,",;;i?,,,;:;~~''' JJOa: 9068A IDATUM: NGVD IFGURE: A2 5679 STRAND COURT NAPLES, FL 54110 FAX: (259) 594-2025 PHONE: (259) 594-2021 www.humisfonandmoore.com 8 8 --12_.a 8 STA 1+50 NORTH OD ' -~5o ' -~oo ' -15o ' -:~oo ' -1'5o DISTANCE FROM BASELINE (FEET) -1100 -~0 SOUTH STA 1+75 NORTH -2150 ' -:~00 ' -1150 ' -1100 D~STANCE F"OM "ASEU"E (nET) SOUTH STA 2+00 NORTH )o ' -AD ' -~oo ' -:~so ' -goo ' -,'5o ' -,'oo ' -to DISTANCE FROM BASELINE (FEET) SOUTH -- ---- 10/98 PRE-DREDGE ....... 4/99 POST-DREDGE .............. 4/02 POST-DREDGE 6/03 il~D3 ..... '111 TT~'lZ,.~'~&' m CLAM BAY CROSS SECTION ~ I le~(~)~{~: / CUT 4 i~ ~ I~E~.qro.: ~o~,~ cou.T~ I? b i:',t,',,:=,~::;~..~.. /DAT[: 11/19/O~F, LE: XSECCUT4 reSCALE: ~"=100' *~,~'~,T~*~,~ /JOB: 9068A IDATUM: NGVD IFIGURE: A5 5679 STRAND COURT NAPLES, FL 34110 FAX: (259) 594-2025 PHONE: (239) 594-2021 www.h umisfonondmoore.com STA 2+37.5 3- -5-. NORTH SOUTH 8 ~A $+00 6- -1~ NORTH SOUTH 8 ~A ~+64.5 6- o ~-~ - - 1 ~ SOUTH NORTH -;2 -~oo -~'~o -~'oo -~ ~ ~o ~o ~o ~,~o .............. 4/02 POST-DREDGE 6/o3 ~U~IST()~ CLA~ BAY CROSS SECTION CUT 4 5679 STRAND COURT NAPLES, FL 34110 _I~I[M(~.~'~COLLIER COUNTY FAX: (25g) 594-2025 ENGINEERS fOR: IJ,,,,:,~,~,,.,:.,~:,. DATE: ll/19/O~FILE: XSECCUT4 JSCALE: l"=lO0'A4 www.humislonandmoore.comPHONE: (239)594-2021 ~DP~t~TT**,~ JOB: 9068A IDATUM: NGVD IFIGURE: 1611 STA 4+10 6- 1=-4- NORTH SOUTH -~ ' ' -~o ~ ~o ~o ~o ~,,o --2~ --1~ -11~ DISTANCE ~OM BASELINE 8 STA 6- ....... . -1~ NORTH SOUTH -~ ' -~o ~ ~ ~o ~o ~,,o -200 - 150 - 1~00 DISTANCE ~M BASELINE STA 5+10 6- .. . i ~_-: NORTH SOUTH -~ ' -~o ~ ~ ~o ~o 2~,o DISTANCE ~OM BASELINE ~ ~- 10/98 PRE-DREDGE ....... 4/99 POST-DREDGE .............. 4/o~ POST-DR~=G; ~ 6/0= ~ ~/o~ HT~MIS~)N CLAM BAY CROSS SECTION 8M(~)I{E~ CUT 4 5679 STRAND COURT NAPLES, FL 34110 GIN~5 FOR: COLLIER COUNTY FAX: (239) 594-2025 DATE: 11/19/O~FILE: XSECCUT4 ISCALE: 1"=100' PHONE: (239)594-2021 k.,~,. ~,~- ~ ~,:,~ www.humJstonand moore.com ~¢,~.~,~ JOB: 9068A ~DATUM: NGVD IFIGURE: A5 8 STA 5+$0 · "" 4-- NORT~ Sou'rN --2~ -1~ -11~ ST~ 6- . -:oo -~o -~oo -~o ~ ~o ~o ~o 2c,o DISTAHCE ~OM BASELINE (~) ~o~ $~ $+80 ~ - . ~0~ -;~ -115e -!100 -~0 6 gO I~0 1~0 2 0 ....... 4/~ .............. 4/02 POST-DREDGE 6/o~ 11/03 i H~]MI~)~ C~A~ BAY  ~M(~)I{I~ CUT 4 NAPLES, FL 54110 E~'~]~'E~.~ FOR: COLLIER COUNTY FAX: (259) 594-2025 ,,~,~. DATE: 11/19/O~FILE: XSECCUT4 ISCALE: 1"=100' PHONE: (239)594-2021 t.,~ :~. ~ :.~ www.humtstonand moore.corn ..................... ~¢,~.~,~T,,,~ JOB: 9068A /DATUM: NGVD IFIGURE: A6 STA 7+10 -4- -8- NORTH SOUTH -10 -~oo -~',o -~'oo o~STA.CE ~oM .ASaJ.E (rEm 10/ NEAREST CORE BORING C21 STA 7+50 COMPOSITE ~ FINES = 5.0% 8- 4- hJ -6- ""*'"' ': · WEST EAST -101 ~ , -200 -150 -1100 --~0 {~ 510 160 1~)0 2 0 mSTA.cE 10 NEAREST CORE BORING C21i STA 8+00 8- '~ o- ~-4- . WEST EAST -10 , -200 -1'~o -1'OD -~o ~ ~'o ~6O 1~o 2,~o DISTANCE FROM BASE:UN[ (rEm 10/98 PRE-DREDGE ....... 4/99 POST-DREDGE .............. 4/02 POST-DREDGE 6/03 1 """""~""'"""~HUMISTON CLAM BAY CROSS SECTION iJ ~ IJJlklll~ I ~' M(~().,!{.E CUT 4 NAPLES,5679 STRANDFL ;54110COURT ~N(;]NEEI'{S FOR: COLLIER COUNTY FAX: (2;59) 594-2025 ,~,;:',~:,;'~-. DATE: 11/19/03JFILE: XSECCUT4 ISCALE: 1"=100' PHONE: (239)594-2021 I ........... Ill i a.J.;,;,,~L;,.,:.~:~,:..~c,,.~,.~..,~ JOB: 9068A IDATUM: NGVD lEISURE: A7 www.humistonandmoore.com STA 8+50 8- 4- lo ~k 9+00 8- - WEST ~T lO . ! ~A 9+50 8- HUMIS~)N CLAM BAY CROSS SECTION ~M(~)I{~ CUT 4 5679 STRAND COURT NAPLES, FL 54110 ENGIN~5 FOR: COLLIER COUNTY FAX: (259) 594-2025 ~.~ ..... DATE: 11119/O~FILE: XSECCUT4 ISCALE: 1"=100' PHONE: (259) 594-2021 "~';'"'~'*~'~*~¥" JOB: 9068A ~DATUM: NGVD IFIGURE: A8 www.humisfonondmoore.com 151 lO ~ o- ~-2: -10 -200 ' -1150 I0 - '1 NORTH -10_.2100 , _1150 10 ~4-' 2- NORTH -lO/ -200 -1150 STA 10+00 ' -,'oo ' -e~o ~ ~o DISTANCE: FROM BASE:LINE (FEET) STA 10+19 DISTANCE FROM BASELINE (FEET) STA 10+50 DISTANCE FROM BASELINE (FEET) i HUMISTON I CLAM BAY CROSS SECTION E~'GINEERS~FOR: COLLIER COUNTY EAST 2d )0 SOUTH / ' 200 SOUTH ' 200 10/98 PRE-DREDGE ....... 4/99 POST-DREDGE .............. 4/02 POST-DREDGE 6/03 11/o3 5679 STRAND COURT NAPLES, FL 34110 FAX: (239) 594-2025 PHONE: (239) 594-2021 www.humistonondmoore.com lO - '1 NORTH -10_2100 , _1150 - -I NORTH -10_2100 , -1150 10 NORTH -10/ ~ -200 -150 STA 11+00 ' -1'o0 ' -~o ~ s'o ,(~o ' DISTANCE FROM BASELINE (FEET) ~TA 11+50 -lOO -~,o ~ ~'o ,~o DISTANCE FROM BASELINE (iT:ET) STA 12+00 OISTANCE FROM BASELINE SOUTH 1 ~0 ' 200 do SOUTH ' 200 SOUTH ' 200 10/98 PRE-DREDGE ....... 4/99 POST-DREDGE .............. 4/02 POST-DREDGE 6/03 11/03 HUMISTON i CLAM BAY CROSS SECTION ~M(X)I{I~ IF.OR CUT 4 NGIN'EER~ : COLLIER COUNTY .~. ..... /DATE: 11/19/03]FILE: XSECCUT4 ISCALE: ;;;;~,';:;2;:;~;;':'' ]JOe: 9068A IDATUM: NGVD IFIGURE: 1"=100' AIO 5679 STRAND COURT NAPLES, FL .34110 FAX: (2.39) 594-2025 PHONE: (2.39) 594-2021 www.humistonondmoore.com - -~ NORTH -10_2~00 , -1~50 10 -200 10 '"-81 NORTH -10 , -200 -1~50 STA 12+50 ' -11OO ' -I~O' ~ ~10 ' 11~O ,40 STA 13+OO ' -1'O0 ' -~O 4 510 140 ' 140 DISTANCE F~OM BASELINE (:FEET) ~I'A 13+50 ' -1'o~ ' -4o 4 ~'o ' ,4o ,40 o.s.^.cE ~.oM BASEL,NE (~) J. ~HUMISTON ! CLAM BAY CROSS SECTION {il i_UI~;~(x)~ / CUT 4 { ~~~11~"~1 1 E~C_,]~E~R~IFOR: COLLIER COUNTY {{ {<~=.,~ ./DAT[: 11/19/O~FILE: XSECCUT4 ISCALE: 1"=100' SOUTH ' 200 SOUTH210 SOUTH ' 200 ------ 10/98 PRE-DREDGE ....... 4/99 POST-DREDGE .............. 4/02 POST-DREDGE S/OS 11/05 5679 STRAND COURT NAPLES, FL 54110 FAX: (259) 594-2025 PHONE: (259) 594-2021 www.humistonandmoore.com NORTH -10 - )0 ' -ll50 10 -200 - ItSO 10 -2-' -200 - 1~50 STA 14+00 \ /7-- ' -1'oo ' -.ko ~ ~'o D~$TANCE FROM ~SEU.E (FEET) STA 14+19 ' -1'oo -_ko (S ~'o 1(So DISTANCE FROM BASELINE (FEET'r) STA 15+00 -1100 ' -.~0 ~ 510 ' 1(~0 ldo DISTANCE FROM BASELINE (FEET) SOUTH210 SOUTH ' 200 ' 200 10/98 PRE-DREDGE ....... 4/99 POST-DREDGE .............. 4/02 POST-DREDGE 6/03 11/03 ' H[i[MIST(}N I CLAM BAY CROSS SECTION I I E~(j]NEElr{~.~FOR: COLLIER COUNTY ~.~,.., /DATE: 11/19/O~FILE: XSECCUT4 ISCALE: 1":100' [',',;';'.;;,~/~;~" /JOB: SOe8A IDATUM= NGVD IF~OURE: A12 5679 STRAND COURT NAPLES, FL ;54110 FAX: (259) 594-2025 PHONE: (259) 594-2021 www.h umistonandmoore.com 10 -200 ' 10 ~ -2-' ~T -lO/ -200 10 _1150 ' _1100 STA 15+50 1611 WIrST - do I.~O ' 2oo DISTANCE lc'EOM BASEUNE (FEET) STA 16+00 -1'50 ' -~'oo -~o ~ ' ~'o ,40 ' D'~A. CE ""OM B~£".£ STA 16+50 -1'5o ' -,'oo --~o ~ ~'o D,S~^HcE ~.ou U~SEU.E (FEET) ' 1 ~0 ' 200 -- ---- 10/g8 PRE-DREDGE ....... 4/99 POST-DREDGE .............. 4/02 POST-DREDGE 6/o~ ~/o~ t-tU~IISTON I CLAM BAY CROSS SECTION CUT E~'~]~'~E~FOR: COLLIER COUNTY (',~-,~. /DATE: 1 1/19/O~FILE: XSECCUT4 ISCALE: ~;';;';.:,~';;;;;:" /JOe= 906aA /DATUM: NGVD IFI6URE: 1 '= 100' A13 5679 STRAND COURT NAPLES, FL 54110 FAX: (259) 594-2025 PHONE: (259) 594-2021 www.humlsfonc:ndmoore.com .---4- °: :-----: 1 ~ WEST -t0 ~ I lO ~A 17+50 B- ~ WEST -~0 I I -2 )0 -1150 -1 ~ -~0 ~ 50 1~0 1 ~0 2( '0 10 STA 18+00 8- 6- ~ 4- ~ WEST -10 I -: oo -~'5o -~oe -~o ~ ~o ,~o ~o ~(,o DIe. CE FROM BASEUNE = --~- 10/98 PRE-DREDGE ....... 4/99 POST-DREDGE .............. 4/02 POST-DREDGE ~/o~ ~ ~/o~ ~ HI~ MIS~)N CLAM BAY CROSS SECTION ~ 5679 STRAND COURT i ~M(N)I{E CUT 4 E~G]~EER. FOR: COLLIER COUNTY FAX: (239) 594-2025 ~4::PE~t~TT"~ JOB: 9068A /DATUM: NGVD IFIGURE: A14 www.humistonondmoore.com STA 18+28 $- 4.- -2-' -B- WEST ~ '1 EAST -:OD -~'so -1'OD 4,0 ~ 5'0 tClO ~t0 2 0 - ~A 18+70 8- 6- ~-4- . -8- EA~ WEST -~0 -2oo -~'~o -~'oo -~o ~ ~o ~o ~o 2~ DISTANCE FROM BAS~IHE (~) 10 ~ 10+21 B- 6- -8- WEST -~ ' ' -[o ~ ~o ~o ~o DISTANCE FROM BASELINE (~) -- -- -- 10/98 PRE-DREDGE ....... 4/99 POST-DREDGE .............. 4/02 POST-DREDGE ~ 6/0= ~ ~/0~ HUMISTON~,, ? '~ CLAM BAY CROSS SECTION ~a(~{~ CUT 4 5679 STRAND COURT NAPLES, FL 34110 ENGINEERS FOR: COLLIER COUN~ FAX: (239) 594-2025 ~ATE: 11/19/O~FILE: XSECCUT4 ISCALE: 1"=100' PHONE: (239)594-2021 Lr~Clr,:~*l~<, :~:S r.~ www.humistonandmoore.com .~,~;~:TT.,~ JOB: gO68A /DATUM: NGVD IFIGURE: A15 1611 Appendix B Clam Pass Beach Profiles R-38 thru R-44 NORTH OF INLET 161! ~o- R-38 *~ O~ ..... 4/99 X O' NGVD ~ , a/o~ m-2- 11/03 NO~: DUNE R~O~ON ~ED IN ~MBER 2002 ~'~.~ -~ ~ -~ 6 ~o ~ 6o ~ ~o ~o ~o DISTANCE SEAWARD OF DNR MONUMENT, ~o. R-3g ~ 2 _ ...... ~/9~ ~.,,. ..... 4/99~ O' NGVO COMPED 18 NOVEMBER 2002 -~ -~o 6 ~o ~ 6o liO 2~ 2~o zoo DISTANCE S~WARD OF DHR MONUMENT, FEET ~o* R-40 o  ..... 4/99 0 NGVD ~ ,~,/o~ -~' ~ ~/o~ -~1~ -~ ~ gO 160 1~0 2~0 2~0~ ~00 DISTANCE SEAWARD OF DNR MONUMENT, FEET ~o R-41 ~ 8' NGVD/  2 _ ...... 11/g8 O' NGVD ~ o ...... ~~.~.~.~ 11/OS -~5o 6 ~o ~6o ~o 260 ~o ~6o ~o DISTANCE SEAWARD OF DNR MONUMENT, FEET R-41 was relocated 2' south and 60.77' east of the. old point established In 1975 In 2001. All of the older pmfllee (2~0 and before) were ahlft~ by 60.77' to be ml~lve to the new (2001) monume~ Ioc~lon. ~.H~IS~N C~M PASS NORTH BEACH PROFILES ~]~R~ DNR REFERENCE MONUMENTS 5679 STRAND COURT NAPLES, FL ~4110 ENGINEERS FOR: COLLIER 23~ 5~4 2025 COASTAL DATE:I 1,/24,/03 IFILE: RMONS ISCALE: PHONE: 259 594 2021 ~.~T~,.~ JOB FILE:9068 [DATUM: NGVD [FIGUEE: B1 SOUTH OF INLET 1611 I0 7 2- _ ..... 11/98 o_ 4/03 ~-2- 11/03 -4 -~oo R-42 ~'.'~:"-,.."'~'~'"" ..w (+,.~o' ,~ 6 ~ ~6o li0 2~0 210 ~ DISTANCE SE~,WARD Or DNR MONUMEI~I', FE~ 10- o .~, ..... 4/99 o. 4/03 ~-2- 11/03 -4 10- R-44 ..... 4/,9 '~N.~.':, o' 2' 4/03 ~.~.~. 11/03 -4 , , , . .~ c~.. , --1~ -~0 0 ~ 1~ 1~ 2~ DIe'CE S~WARD OF DNR MONUMENT, CL~M BAY SOUTH BEACH PROFILES DNR ~[FERENCE MONUMENTS COLLIER COUNTY IDATE:11/24/05 IFILE: RMONS ISCALE:I"=IO0' FILE:9068 IDATUM:NGVD IFIGURE: B2 5679 STRAND COURT INAPLES, FL 54110 FAX: 259 594 2025 PHONE: 259 594 2021 1611 Appendix C Recent Ground Level and Oblique Aerial Photographs 1611 C1' Photograph taken on October 28, 2003 C2: Photograph taken on October 28, 2003 C3: Photograph taken on October 31,2003, by Jim Hirst. -- C4: Photograph taken on October 31,2003, by Jim Hirst. PELICAN Pelican Bay Foundation, inc. 1611 R CE1v D OCT P. _PO,J,i October 24, ..00o Mr. Kyle Lucasz Supervisor Pelican Bay Services Division 801 Luarel Oak Drive, Suite 605 Naples, Florida 34108 Dear Kyle, The Foundation received the attached correspondence and sketch from the Property Owners Association regarding a vacation of a 10-toot utility and drainage easement. Apparently, it was mailed to their o/rices in error and they tbrwarded to us. After reviewing the correspondence, it appears that this vacation petition should be sent to the Pelican Bay Services Division for action. If you have any questions regarding this matter, please do not hesitate to contact us. Sincerely, I Bill Walters. Director Covenant En/brcement Enclosures: Vacation Letter Sketch and I,egal Description . _, 00.~ October 20." ~ Ms. Bobbie Scovill Pelican Bay Property Owners 801 Laurel Oak Drive Naples. Fl. 34108 RE: Vacation ora ortion of 10-foot Utility and Draina e Easement Site 52, Block 'A', Pelican Bay Unit I Dear Ms. Scovill: Our client is proposing to vacate the 10-foot Utiliw and Drainage Easement on the Northerly side of Site 52, Block A, Pelican Bay U~it 1. as recorded in Plat Book 12. pages 47-52, of the Public Records of Collier ~ounty, Florida, less the West 6 feet, as shoxvn on the attached sketch. This request tbr Vacation of Easement is for the purpose ofa po,ol addition. Kindly note the owners have acquired a parcel North of the easement to be vacated, as noted in O.R. Book 1499, thus, easement runs within the owners property. If you have no objection to this vacation, please furnish us with a l,etter of No Objection. Thank you for your time and if you have any questions, please give me a call. Sincerely, David B. Bruns. PLS GOLF COURSE (PARCEL M) SITE 53 BLOCK "A" (OCCUP~£D) LEGEND SITE 51 BLOCK "A" PORTII~N OF' JO' tl£. · DE. T~ BE V~CAT£D LEGAL DESCRIPTION PROPOSED t0 FOOT UTILITY EASEMENT VACATION roe NORTHERLY 10.00 FEEl' ~F SITE ~2, BLLJCK A, PELICAN BA'~ LI~IT UNE mS REC~RI)£D IN PLA[ BOOK 12, Pn6L-S ,~? - 52, DF rile PUBLIC ~ECI1RD$ OF COLLIER COUNIY, ~LORIDA, LESS file VEEr bOO FElT SKETCH AND LEGAL DESCRIPTION 1611 0 0 0 ooo 000 ooooooooooooooooooooo~oooooooooooooooooo o o ,-~ ,.-t o o o o o o 1611 ~ggg~ggg~g~o~gg~g~g§gg~ g~g~gg gg g ~oo~o~gggoo~ogo~o~o~ooooooo~ooo~ ~ ggggggggggggg§ggggg§ggooooooooooooooooooOOOOOOOO°° 1611 oooooooooooooo ~ 0 0 0 0 0 U 0 H 1611 0 0 0 ggo© ooo O O H ~ <2> oo o o o o o 1611 ,--I C) 0 00000~0~0~0 00000~0~0~0 00~0000~ ~ CD O~ C~ O0 ,-.4 0 0 ©0 c,~ cq ¼ O '1'"1 0 O0 0 · -I ,--.I -n Jl,.l ~0~ O0000(DO© 1611 0 o 0 0 0~1~ 4) 0 ~1 ~ ~ O.,-I 0 O0 + u~O ®o ~0 CJ 0 0 C~ 0 0 0 C~ 1611 1611 I~0 r~ O0 O0 O0 O0 ~u~ 00~ u 0 0 U O~ O0 O0 O0 O0 0~000~ 0~000~ 0~000~ C'q Cxl 0 Cb ,-q ,-d r--I O0 O0 O0 O0 000000 000000 000000 000000 Col (Ret) Theodore J. Raia, Jr., MC 7117 Pelican Bay Boulevard Apartment 404 Naples, Florida 34108 (239) s9~.28s~ ~ November ]2, 2003 1611 George Werner 712 Heathery' Lane Naples, Florida 34108 Dear Mr. Werner: I inquired about the letter because the secretary could not recall if it had been distributed and ,Mr. laiT~o said that he had not received it. I appreciate your response to my letter a_nd your effort to explain your position one more time to me. Perhaps it is better if I explain your position so that you can be certain that I understand it. The PBSD does not approve site plans, the county does. The PBSD approves only water drainage and property encroachment and that is all that the approval letters reflect. I hope I have that right. Now' why should the exercise of that responsibilit3' prevent the Board from an opinion about the Cap d'Antibes project? We would not be here today ifMr. Ward had not prevented the Board from writing a letter in support of the community's effort to stop the Cap d'Antibes project. The idea that the Board can only write letters about water drainage and property encroachment is utter nonsense. At the previous two meetings the Board voted letters supporting the Waterside Shops and Mr. Ward. Neither had an)thing to do ,,ith drainage. Allow me to quote Mr. Weigel's advice to the community about the role of the PBSD: "The idea of having specifically elected Pelican Bay electors responsible for the acts and operations of the Pelican Bay Services District is intended to provide a Board that is selected, not appointed, and responsive to the needs, desirt~ and concerns of the Pelican Bay registered electors, who are the same persons who help elect one commissioner, with four members of the commission being non-residems of Pelican Bay by law." It is na/ve tbr the Board to believe that Mr. Weigel is referring to drainage. When we informed the Board about the Cap d'Antibes last December we wanted your support. Having approved the plans for drainage should not have prevented the Board from writing the letter. You will have to ask Mr. Ward why he contacted Patrick White to intercede. Now it is my turn to explain to you one more time (and I hope the last) about the conflict. It does not matter why Mr. Ward received the plans for approval, but the business of approving plans tbr water drainage should have been conducted publicly and recorded. 1611 The fact is Mr. Ward received a complete set of plans fi.om a developer that employs him at another district. By his own admission Mr. Ward states he only refers plans to the Board if in his judgment "they nsc to the level of the Board." There are two reasons why the plans should have risen to that level. He was employed by Gulf Bay and this was a 650 foot building that would negatively impact Pelican Bay forever. If the Board feels strongly that a non-issue is maligning Mr. Ward and the PBSD, I suggest the Board sponsor a Town Meeting to explain and defend its position in public. I have met with your chairman at his gracious invitation to try to improve relations between the PBSD and the PBPOA. Actions being taken to accomplish this follows: 1. We will try to li_rrfit our cowanunications with the Board to letters such as this to minimize publicly airing our differences. 2. Mr. Ward will not be referred to by name ~n publications. 3. We will relay your position that you consider your responsibility in approving plans limited to only water drainage and property encroachment. However at the next meeting I will once again ask the Board for support. In trying to understand your position it would appear that you have three choices: 1. Write a letter to the Commissioners stating that the Board finds the 650 foot Cap d'Antibes aesthetically pleasing and appropriate for Pelican Bay. 2. Write a letter that the Board is indifferent and chooses not to be involved for fear of being sued by the developer. 3. Write a letter that the Board enthusiastically supports the efforts of the communiv.¢ in its effort to stop the construction of the Cap d'Antibes. You would be truthfully expressing the concerns of the residems you represem. Residems join the PBPOA to have a watch dog while they enjoy their fishing. Soon we hope to persuade the County Commissioners to favorably consider our position and close this chapter forever. I wish we could enjoy the luxury, of stopping the Cap d'Antibes quietly Unfortunately, if we don't succeed, the next course will be noisy litigation. Sincerel~y,~ Theodore J. Raia. Jr. CC Members of the Board 11/14/200~ 1~50 ?748301 / · Coyle ~ Coletta ~,/' PAGE PUB INFO ~ ~ 1611 ,.RECEIVEC~ ~0V i' ? 2003 Board of (:ount~ ~ommfssioner$ NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (ttAAB) THURSDAY, NOVEMBER 20, 2(}03, 6:00 P.M. Immokalee Community Park 321 North 1st Street Immokalee, FL 34142 'NOTICE ** Ali interested pard.es are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. ** For more infon~atiori, please contact Michael W. Pcttit at (239) 774-8400. ** If you are a person with a disability wl]o needs any accommodation in order to participate in this p.roceeding, you are entitled, at no cost to you, to thc provision of certain assista~.ce. Please contact thc Collier Counly Facilities Management Department located at 3301 EAst T~niami Trail, Napleus, FL 34112, (239) 774-8380. ** Public comments will. be Ij.r~ited to 5 minutes unless permission for additional time is granted, by the Chairman.. ** Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) begor¢ the Board of County Commissioners an.d its advisory boards, register wifl~ the Clerk to the Board at the Board Minutes and Records Department, ,AGENDA II. III. IV. V. VI. VII, VIII. 6:00 P.M. Meeting Called to Order Adoption of Minutes from October 30, 2003 Meeting Determination of Excused Absences From Previous Meetings Introduction of New Board Member- Elsa Maria Hemandez New Business Old Business A. Discussion on progress of continuing goal to honor Judge Rarairo Mafialich. Public Comments Meeting Adjourns Citizen Advisor Task Force ~:\~\~ ~ September 18, 2003 4:00 PM ~\~ ,o~~~ru:~,m Financial Administration and Housing ~¢~.e~r(¢9 unity Development and Environmental Services Building 2800~\e~.~.~ N. Horseshoe Drive, Naples, Florida 34104 o~J\e ~'-. Conference Room "E" Agenda I. Call Meeting to Order- Roll Call II. Introduction of new FAH staff member- Rosa Mufioz III. Old Business A. Approval of May 9, 2003 Meeting Minutes B. Update on Small Cities CDBG Grant- Immokalee Manufacturing Facility IV. New Business A. Review of Consolidated Annual Performance Evaluation Report (CAPER) B. CDBG Project Update Discuss ongoing role of the CATF D. Discuss 2004-2005 CDBG cycle E. Schedule next meeting -look at the week of December 15, 2003 V. Adjournment of Meeting CITIZENS ADVISORY TASK FORCE M ITTEE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES CONFERENCE ROOM "E" 2800 NORTH HORSESHOE DRIVE September 18, 2003 Meeting (Minutes Tentative Until Approved by the CATF) The meeting was called to order at 4:10 p.m. by David Corban. There was a quorum present. ROLL CALL ABSENT PRESENT Bill McCarthy X Fred Thomas X Ellen Christian-Myers X David Corban X Russell Tuff X II. III. IV. VI. Staff Present: Financial Administration and Housing (FAH) staff- Denny Baker, Lee Combs, Rosa Mufioz, Janeen Person and Julia Langhom. Introduction of new FAH member Rosa Mufioz by Lee Combs. Ms. Mufioz gave a very brief overview of her career. Approval of May 9, 2003 minutes. Fred Thomas made a motion to approve, second by Ellen Christian-Myers. Motion approved, carried 4/0. Review of Small Cities Community Development Block Grant-Immokalee Manufacturing Facility II. Overview, synopsis and status provided by Staff followed by question and comment period from CATF members. Review of Consolidated Annual Performance Evaluation Report (CAPER) by Janeen Person: This is a report that HUD expects Entitlement Jurisdictions to create every year and basically it is our evaluation of how projects performed on that previous fiscal year. Staff did something new this year in that we participated in a pilot template. HUD is trying to streamline the Annual Action Plan, the Consolidated Plan, and the CAPER, so that individual entitlement jurisdictions won't have to spend unnecessary time creating this document and would have this template to follow. The creation of this report took approximately 80 hours to compile and complete. VII. VIII. IX. Xo XI. XII. XIII. 1611 FY2001-2002 Project Update. Staff provided an overview of the FY 01-02 projects. There are only two active projects, The Rural Prescription Drug Program - Collier County Human Services Dept., and the Youth Services Program -Empowerment Alliance of Southwest Florida (EASF) that is expected to close out by October 9, 2003. FY2002-2003 Project Update. Staff gave an overview of the FY 02-03 projects. There are five active projects; Single Family Rehab Assistance Program (SFRA), Site Development for single-family homes (EASF Immokalee), Fair Housing, Habitat for Humanity-Carson Lakes (Immokalee), Lynwood Drainage Project (Bayshore Area). FY2003-2004 Project Update. Staff gave an overview of the current projects. There are seven new projects; Habitat For Humanity-Charlee Estates, United Church Homes-Senior Housing, CC Human Services-Prescription Medications, Harvest For Humanity-Job Creation, CC Parks & Recreation-Senior Center, EASF-Kaleidoscope, Homeless Management Information System (HMIS)-Hunger & Homeless Coalition, and the Immokalee Youth Program-EASF. New Business-Staff and members discussed the ongoing role of the CATF. Denny Baker stated that when HUD funds come through the state, it is a requirement that a CATF group be in place to work with the community disbursing those funds. However, as an Entitlement Jurisdiction under federal regulations, a CATF organization is not required. We believe that working with grassroots local citizenry is a better way to go in allocating funds. We are not suggesting disbanding the CATF, we believe there is still a role for the CATF. We would still need their advice and input. Baker suggested coming back to the CATF with additional information and feedback regarding the role and possible changes to the structure and participation of the CATF in the CDBG process. Discussion by staff of the 2004-2005 CDBG cycle. No fixed dollar amount yet, however, it will be in the same range, approximately 2.5 million dollars. A tentative date of the next CATF meeting-will be on December 18, 2003, at 3:00 p.m. Motion to adjourn the meeting by CATF Chair, David Corban at 5:15 p.m. So moved by Ellen Christian-Myers, second by Russell Tuff. Motion approved, carried 4/0. 3 Fiala i,,/ Halas Henning ._._~,'"" Coletta ~ T~ OCHOPEE F[~ CONSOL ~VISORY BO~ MEET~G ~LD OCTOBER 14, 2003 ~ T~ FI~ C~EF'S OFFICE AT T~ EVERGLADES FIRE STATION In attendance were the following: RECEIVED NOV ! 7 2003 Board of County Commfssio~er$ Paul Wilson, Fire Chief David Loving, Chairman, Everglades City Advisory Board Member Kent Omer, Chokoloskee Island, Advisory Board Member John Pennell, Plantation Island, Advisory Board Member Kent Omer made a motion for the minutes of the last meeting be accepted, the motion was seconded by John Pennell and passed. DONATION OF $100 FROM THE VOLUNTEER ACCOUNT FOR THE CHILDREN'S HALLOWEEN PARTY John Pennell made a motion to donated $100 to the Children's Halloween party and it was seconded by Kent Omer and the motion was passed. REMODELING OF STATION 60 Chief Wilson said, as you know we are up to four men so we try to have two men here and two men at the other place. That is pretty much what we are doing with that. There are new walls up inside. Everything is on line so far; they are putting in a water system. It is probably going to be three months before it is finished. The walls will be finished just like these are and totally re-painted. He is looking at some kind of exterior facing that will take care of some problems around the base of the station because there are some problems with it. It's metal and there is some corrosion. Then he wants to move forward with something at Port of the Islands. Once the Ochopee Station is remodeled there will be two people here in Everglades and two there all the time. Kent Omer asked if the District had mowers and equipment out at Ochopee to keep up the grass. Chief Wilson said yes they bought a mower five years ago and the guys cut the grass. Page 1 1611 Chief Wilson said we were thinking about three months to finish the interior which at this time would be another month to get the painting and everything else done we need. NEW ROOFS He is in the process of getting bids to have this roof replaced and the roof on the other station as well. He was asked screwed on metal roofi Chief Wilson said yes. We got 20 some years out of this one so he can't complain. They have had to do a lot of patching. He is waiting on three companies to send their bids. He told the companies he would like to get the roofs on by January 1, 2004. NEW TRUCK David Loving asked the Chief if we were getting a new truck. Chief Wilson said he set some funds aside in the budget's lease purchasing plan as discussed in the last Advisory Board Meeting in May. The budget was approved since then with these funds in place. We are looking to replace one of the older engines. We got the bid package together in reference to the boat and sent it off to the one twin V Company and we are going to send that bid out to three other companies. He dealt with the factory direct and then he is going to put the bid out to the dealers. Kent Orner asked if this is the initial Company he was working with. Chief Wilson said yes this is the initial Company. We found a Company that fit into our price rage, Twin V Power Corp.; they actually did a fireboat for West Palm Beach. They are the only ones that are going to warranty the hull with a through the hull pick up system. Kent Omer asked if West Palm already had one? Chief Wilson said yes they have their boat. Actually one of our trips will be over there. He can't just run every weekend and look. What he Company did was they ran him a copy of their bid and their specs. They also gave him a copy of the US Navy bid spec. He put those two specs together for the bid on our boat. David Loving asked if he would know something next meeting. Chief Wilson said there is a good chance he will have bids back by the next meeting. Page2 David Loving asked about the budget. Chief Wilson said the budget was approved as submitted no cuts. There was an extra $100,000.00 in advalorem taxes it slipped through leaving it in a contingency fund. He talked to Leo Ochs and told him he would like to make an out right purchase of an engine instead of a lease purchase if there is enough there. We are not necessarily looking for something brand new. We were keeping our eye out for a used apparatus mainly if it is approximately five years old, low mileage and comes with all the right maintenance records, pump records and the price is down there in our range he would make an offer on it. The other options is to look at what they call a squirt with a 75 foot ladder especially since we have two and three story buildings. We are working with the City of Everglades in getting an inter-local agreement for Fire Plans Review that will take a month to six weeks because it has to go through East Naples Fire District, Fire Code Official's Office and the Steering Committee. Kent Orner asked if our Department is still considering going with East Naples Fire Department? Chief Wilson said if you were watching the Commission Meeting today, at 4PM today myself, Chief Shank and Chief Rodriguez all three of us stood up and Chief Shank spoke. Chief Shank asked permission from the board if we could look into the feasibility of a merger and whether it was profitable. The board gave the blessing for them to look at the possibility and whichever way we go they support it. Whether it is to go independent, dependant to the County or merge with East Naples. It has its pros and cons; a lot of questions need to be answered. Kent Omer asked if we go independent does the County still fund us? Chief Wilson said no. The pilt funds we have been drawing have reduced. Kent Orner asked how would this department be funded? Chief Wilson said strictly out of advalorem taxes. Kent Omer said the taxes are at the maximum right now. Chief Wilson said they are at 4 mils right now. We have $100,000.00 more than what we thought we would have this year strictly because of property taxes. We will be loosing $90,000.00 out of our budget beginning next year because the District I land all 55,000 acres is going to be turned over to the State. Page 3 FIREFIGHTER POSITION STILL PENDING 1611 Chief Wilson said we advertised for two weeks and we had several candidates that seemed good. We send out the invitations to test, we had five or six that responded. Then come test day no one showed. So we re-advertised the position and we are going to set up another test date. We have one local that has expressed an interest in the second round. OLD BUSINESS Kent Orner asked if there were any more occupancies on the Island. Chief Wilson said he knows they have put some more houses up there, but he has not heard of any more certificate of occupancies. There have not been any more co's over there that I am aware of, they have to have a Fire Inspection to get a co. David Loving said everything looks good. Chief Wilson said he and Jim Mann sat down and talked. He understands that under the agreement we signed that he will provide a boat till we have a boat. As long as we are meeting those standards then they can get their insurance and their co. NEW BUSINESS Chief Wilson said Chief Shank was directed by the Board of Commissioners to speak to the Advisory Board and tell them what he is contemplating to answer their questions about where we are going and what is he foreseeing. Also we have two new people applying for the positions on the Advisory Board one is Jane Bee from Copeland and the other is Ms. Ballard from Port of the Islands. David Loving said we need more people. Chief Wilson said it is his understanding that all three of them are coming up for renewal. David Loving asked is there a maximum on terms? Chief Wilson said you are allowed two, two year terms but they can waive the exception and you can continue your terms if you are the most qualified person to come in. A motion was made to adjourn and it was seconded and passed. ~.t'ii ~.~>: Page4 J~vi8 Loving, Ch~'~ n] Ocho" e Control District Advisory Board Fiala Halas Henning Coyle Coletta 6o~r~ ot ~o~t.~ ,:]ommissior, ers COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) October 29, 2003 MINUTES Fay Biles, Chairman - District #1 Commission District - Present Bob Laird - District 1 - At Large - Present Heather Rockcastle - District 1 - At Large - Present Denver Stone - District 2 Commission District - Absent Michael Bridges - District 3 Commission District -Present John Dowd - District 4 Commission District - Present Deborah Wright - District 5 Commission District - Present Gail Dolan - Naples Community Hospital - Absent Jim McEvoy, Chief- City of Naples Police and Emergency Services -Absent Stephanie Vick - Collier County Health Department - Present Michael Murphy - Chief- City of Marco Fire and Rescue - Present Rob Potteiger - Assistant Chief- Collier County Fire Chiefs Association - Absent~ c Dr. Joel Moll, - Cleveland Hospital - Present Al Beatty, Captain, Collier County Sheriffs Office - Present Chairman Biles called the monthly meeting of the Emergency Medical Services Advisory Council to order. Michael Bridges requested the minutes reflect he was in attendance at the September meeting. The minutes had him listed as absent. Mr. Laird made the motion to accept the September minutes. It was second by Chief Michael Murphy. Motion passed. Chairman Biles wanted to know if someone from EMS met with Assistant Chief Potteiger in reference to the staffing program East Naples is using. Director Page stated yes they went to East Naples but their system did not meet the needs of EMS operations. OLD BUSINESS: Union Negotiation Update Director Pase met with the Union, They have called for an impasse, The contract w,~i~ ~o~1~o to arbitration to get a non-binding decision on approximately 21 articles that cannot be agreed upon. The majority of the articles have to do with wages, and benefits. The decision will ~o before tl~e Board of County Commissioners for a final decision. No dates have been set for negotiations at this time. E has requested the UniOn to 'provide data on salary comparisons they are using. They initially agreed to supply this information but it has not been presented. The Union has also been requested to present copies of proposals and work together to negotiate these proposals, but at this time the Union wants all meetings to be public. Director Page hopes they can all work together to continue through the issues. This can be accomplished even with an impasse and it would benefit both parties. Time and money can be saved if a determination can be reached on any of the articles before they go before Arbitration. Ms. Wright inquired if a time line is involved? Director Page stated the Special Master will listen to both parties, which could take 6 months or longer, and make recommendations to go before the Board of County Commissioners for their final decision. Mr. Bridges stated Lee County is in the same situation with the Union. They have about the same articles and issues as Collier County. Lee County went through a Special Master three years ago. His decision was approximately half for the County and half for the Union. The Union still declared an impasse and it went back to the Commissioners. After a 13-hour session the Lee County Board reverted back-to the Special Masters suggestions. "''~ ' '~' U.S.A. TODA Y ARTICLE- DATA COMPARISON: Director Page informed the council Chief Murphy had presented the data comparison' at a recent Chief's meeting. It will benefit everyone if a standardized protocol is used and everyone record's the same times so all response times can be figured the same way. Director Page, will ask permission, at the next Chief's meeting to be granted the ability to look at each fire department and law enforcement records to enable to make comparisons equal to the U.S.A. Data Comparison. Of course all fire departments and the Sheriff's Office would be granted the same authorization. At the present time all all agencies record at different levels and it is hard to compare "apples to apPl:es". ' Mr. Bridges stated Lee County uses the 1710 Standard also and they are adding "patient contact" time. Captain Al Beatty stated it is not a problem for dispatch to set up a patient contact time. He thought that command was already in the CAD system. He would also like to see everyone go to this as he felt it would also benefit everyone. NEW BUSINESS: Consumer Issue Report: Director Page reported on a patient's request for transport. She stated the unit arrived in a timely manner. Enroute to the hospital she was transferred to another unit. She thought it was due to air conditioning not working properly. They put her in another unit that had radio problems and the transport was delayed by doing this. However, when they transported the patient in the other unit it did have a problem with the air conditioning. It had two air conditioning units, one in front and one in the back, but the crew had previously been in the front of the unit and did not realize the back unit needed Freon. This was a new truck and a very unusual situation. There was no problem with rest of the response. We have tried to contact the patient several 'times with out success and will continue to contact her so she understands the situation properly. Letters of Appreciation: Director Page handed out several letters of appreciation the department has received over the last 6 months. When these letters are received a copy goes to each of the crewmembers, a copy goes into their file, a copy is sent to Mr. Dunnuck and he provides a copy to Mr. Ochs. Hopefully one of these letters will reach the "Hall of Fame". If a fire fighter is involved a copy is sent to the Chief of their department. Chairman Biles remarked one on the letters had a donation check attached. She inquired if this happen often' and what happen to the donation. Director Page responded we receive these donations periodically and they are deposited into the EMS Revenue Account. NCH Transport Agreement: Chairman Biles read the headline that was in today's paper that stated, "EMS and NCH Have 45 Days to Outline Negotiations". Director Page responded everyone is concerned over the response time's issues. The County Manager provided Director Page with direction to look at the out of County transports. There is nothing in the Florida State or the EMS Departments protocol that requires .EMS agencies to provide this service. County Manager Mudd met with Chairman of the Board: of Naples Community Hospital Ed Morton and they agreed to a 60-day window to look at other providers. EMS would continue to provide this service for 60 days. This agreement worked for 60 days and the hospital was billed for the service. They did pay the bill. NCH did have an issue with this agreement. They felt we were the only County that did 'not transport out of county patients. There are several counties in'Floeida who no longer provide out of county transports. EMS felt it was only ethical to bill the patient for the transport and if they were unable to collect payment for the service after 90 days and as long as NCH was the guarantor of the payment NCH should be responsible for the bill. After the 60-day agreement was reached NCH agreed they would like to continue this practice. EMS in good faith provided the service and we have billed NCH two more times and have not received payment. We never received written correspondence indicating NCH did not want to continue this service and no payment has been received. We agreed and still provide out of county service to them at the Boards directions. The Board also requested we continue to work together to hopefully reach an agreement. Director Page felt if EMS could come up with a dollar figure per mile, that would factor in depreciation, fuel, insurance, etc., and bill by mileage per transport maybe something could be worked out with these figures. Chairman Biles inquired when a unit goes out of county, who covers for them? Director Page stated that is why we have a Medic 80 unit. They are to strictly cover out of county transports. NCH provides half of the staff and EMS provides the other half but without payment for these transports they cannot be justified to be kept up and running. Chairman Biles wanted to know what happens if NCH doesn't pay? Director Page stated this isn't the first time the county has been in litigation with NCH over non- payment of services. Over three years ago the same thing happen. They owed over one million dollars. ~The-C-ou~ttted~or-approximately~OO;OOO~Direc~~opefui'~eem ent'v~-take-~are-°f everything in the future. Cleveland Clinic is also interested in a similar agreement. 3 1611 Chairman Biles inquired if there was anyway the Advisory Board could help? Director Page stated he would send them a copy of the agreement for their review. If anyone had a suggestion or comments he asked that they call him. Mr. Dowd inquired if the out of county transports were usually seriously ill patients. Director Page stated trauma alerts are not usually taken by a unit but by helicopter. Children with fractures are generally transported by helicopter. The departments transport protocol states they are to be taken to NCH pediatric care. But usually they are transferred out of county to a pediatric specialist. Out of county transports are not transported with lights and sirens. Even though a doctor may feel comfortable sending the patient by a unit, Medicare or Medicaid will not pay for some of these transports because their criteria states it isn't necessary to transport by ambulance. Chief Murphy inquired if this income was projected in this year's budget? Director Page stated if he was asking if we were short because of non-payment last year that did affect us but this year it will not affect us as much. General Discussion: Mr. Bridges identified himself as the Deputy Director of Public Safety for Lee County and handed out some general information. It stated COllier County's average pay for a Lt. Paramedic is $50,900. Next page Mr. Brantley stated Collier is 16% - 20% lower than Lee County which is why they want a 20% increase.' 0n page 4 of his comparison list is Lee Counties current pay plan. Their Paramedic II, which is equal to oui: Lieutenants, top out at $50,625. COllier's average pay is $50,900 that is ob~x)i°usly higher to start with. A 28-year employee with Lee EMS tops out at $50,000. ~ · Ms. Vick, Collier County Health Department representative on the Advisory Board presented Director Page with a certificate from the Secretary of Health honoring Director Page for his participation and support of the Regional Sick Domestic Security Health Team. Election of Officers: Chairman Biles stated the by-laws list the month of October for the election of Officers to take place. She opened the floor for nominations. Mr. Laird nominated Fay Biles for President it was 'second by Heather Rockcastle. A vote was taken and the motion for Ms. Biles as President passed .unanimously. Chairman Biles then opened the floor for Vice Chairman. Doctor Moll nominated Chief Murphy for the Vice Chairman it was seconded by Heather Rockcastle. The motion passed unanimously. The November meeting will be November 26 (the Wednesday before Thanksgiving) at 12:00 o'clock noon. .............. Mr~Lair~d~ade~h~-~flo6~h/fC'6U-n~ii adj'6iiY~i;~ ~-ei-o~d-e~-'by-Mi~TD-0-Wd.- 4 EMSAC SCHEDULE FOR 2004 The Emergency Medical Services Advisory Council meet on the last Wednesday of each month. The meetings will be held in the Board of County Commissioners Board Room, Administration Building at 2:00 P.M. unless otherwise noted. JANUARY 28, 2004 FEBR UAR Y 25, 2004 MARCH 31, 2004 APRIL 28 2004 MAY26, 20O4 JUNE 30, 2004 JUL Y 28, 2004 AUGUST 25, 2OO4 SEPTEMBER 29, 2004 OCTOBER 27, 2004 NOVEMBER 24, 2004 DECEMBER 29, 2004 11/12/2003 1~:45 7?48301 PU~ INFO Collier County Government Productivity Committee Agenda November 19, 2003 2:00 P.M. PAGE 02/02 Proposed Introduction. A. Opening Remarks Approval of October 15, 2003 Minutes Acceptance of October 29, 2003, Golden Gate/Airport Road Flyover Subcommitto~ Megting Minutes. C. Joe Swaja's .Excused Absence L~tter II. Old Business A- Golden Oate./Airpor~ Road Flyover Subcommitteo R~ort (Dex Groos¢) Impact .Fee Studies and Updates (Amy Patterson, .Impact Fe~ Coordinator; Denny Baker, Director Financlal Administration & Housing): I) Correctional Facilities & Law Enforcement (!0 minute, s) 2) Emergency Medical Services Level of Servi.c¢ 8: Response Time (10 minutes) 3) Presentation on Government Buildings* (45 minutes) IV. New Business Comments/Suggestions _~/[ ~d~ ......... V. Adjourn The next meeting is scheduled for Wednesday, D~ember 17, 2003, at 2 P.M. in tho County Manager's Front Conference Room on the 2"a floor of the W. Harmon Turner Building 0g!.dg. F, Administration. Bldg.). *Info will be overnighted one week prior to m.eeti.ng. 1611 MEMORANDUM RECEIVED DEC 19 20113 Board of County Commiss DATE: TO: FROM: SUBJECT: December 19, 2003 Board of County Commissioners Pat Lehnhard, Administrative Assistant, OMB Productivity Committee Meeting Minutes Enclosed for your information and files are the Productivity Committee's Regular Meeting minutes of October 15, 2003. Please do not hesitate to contact me, or Winona Stone, should you have any questions. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Pat Blaney, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Jeremy Giles, EDC Collier County Office of Management and Budget 3301 Tamiami Trail, East Naples, FL 34112 Voice: (239) 774-8973 Fax: (239) 774-8828 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - October 15, 2003; 2:00 p.m. 1611"" Members Present: Joe Swaja, Jim Hornet, Jim Gibson, A1 Kozel, Janet Vasey, Dex Groose, Stanley Farnham, Sydney Blum, Celia Fellows Members Absent (Excused): Jim Ray Members Absent (Unexecused): Dick Schmidt BCC Liaison: Commissioner Donna Fiala was absent due to knee surgery. Staff Present: John Yonkosky, Director, Utility Billing and Customer Service; Winona Stone, Assistant to the County Manager; and Pat Lehnhard, Administrative Assistant OMB. I. Introduction: A quorum being present, Joe Swaja called the meeting to order at 2:00 p.m. Joe welcomed new members Stanley Farnham, Sydney Blum, and Celia Fellows, and asked each of them to give a little background information about themselves. They were welcomed. The September t7, 2003, minutes, as presented, were unanimously approved. Joe Mumaw, Chair, has forwarded a letter of resignation to the Committee. He has had hip surgery and will be in rehab for some time and unable to perform his duties as Chair for the Committee. His resignation was regrettably accepted, and Joe was wished a speedy recovery. II. Old Business: A. Work Plan - The FY 03 Work Plan was reviewed, and the process explained to the new committee members. The committee asked that for the FY 04 Work Plan, the completed projects be put on a separate form from the projects still in process. The Committee updated the work plan, and new members volunteered to assist. -->Winona was asked to check with Amy Patterson on what impact fee presentations look most likely to be available for the November meeting. The committee does not want to review the Correctional Facilities and Emergency Medical Services Impact Fees at the same meeting. -->Winona was asked to see if Amy could get hard copies of her presentations to the committee members well in advance of the meeting so they can have time to review them. They would like them sent via U.S. Mail instead ore-mail. Jim Homer said he doesn't want the committee to do anything to slow down the impact fee process. Janet Vasey agreed but feels the committee needs to really give things a hard look. Jim Gibson advised George Yilmaz, Solid Waste Director, was to give an update on Solid Waste Operations at this meeting, but did not have all of the information needed. He plans to present the update at the November Productivity Committee meeting. Dex Groose stated that the Transportation Division had not answered the additional questions the committee provided them regarding the Golden Gate Flyover. -->The sub-committee for this Page 1 of 3 1611 project will try to organize a meeting in the next two weeks with Norman Feder, Transportation Administrator, to see if these questions can be answered. Dex feels more information is needed on the Capital Projects Approval Process. He feels there should be a more value engineering process. A1 Kozet stated the BCC meets with the MPO before any capital project is decided on and gives a nod on a project and then staff goes ahead with it. The committee has not heard from the County Manager on the Performance Assessment Project. Winona advised a new position had been established in the FY 04 Budget, and that the Productivity Committee has been asked to help write the job description. Regarding the FY 04 Compensation Plan, the committee has not received an answer fi'om the County Manager on the additional concerns they had. -->Pat was to check to see if Joe Mumaw was able to complete a letter to the County Manager before he became ill. Dex is interested in continuing with the health care plan review and the performance appraisal process. A sub- committee was established to take a further look into this project. -->.lean Merritt, Human Resources Director, and .left Walker, Risk Management Director, will be asked to meet with the sub-committee to discuss the additional questions. Regard ing the Continuation of Collier County Quality of Life project, Janet Vasey explained the Board of County Commissioners, at their final budget hearing in September, gave close to $2M to the Economic Development Council's initiatives rather than taking the recommendations of the Productivity Committee to put money towards beach and boat access. The Revenue Commission, of which Janet Vasey and Jim Gibson are members, is continuing to work on making recommendations to the Board. From time to time, at the. Productivity Committee's request, Janet and Jim will give an update on the Revenue Commission's projects. Jim Gibson suggested that before the next meeting, members think about what issues they are looking at in each of the pending projects. It was agreed that this would be a good way to keep projects moving. III. New Business: A. Water Meter Impact Fees for Irrigation of Medians bv Collier County - Dex advised that with the new water meter impact tees, the County will be paying up to $20,000 for a 2" water meter. They have about 20 miles of roads to landscape and will need a meter every mile. The County can't provide non-potable water to every location. The County Transportation Department pays for the water meter impact fees. Dex suggests that if someone is willing to use non-potable water, impact tees should be waived. John Yonkosky, Director of Utility Billing and Customer Service, advised that an impact fee is based on the plant or system capacity. Impact fees are used to pay for the cost of new or additional capacity. Additional capacity costs are determined and remain constant for a period of time; therefore, if certain impact fees were waived, someone else would have to pick up the cost. The Collier County Water-Sewer District is governed by a Special Act of the Florida Legislature and cannot provide free service. John advised that impact fees are paid only on potable water. The question was raised that if someone is asking for non-potable water, but the County can't provide it, why can't the fee be waived until non-potable water can be provided? Page 2 of 4 John advised that they are putting together a Master Plan for treated wastewater. will be an integral part. All new subdivisions are required to put in a dual system, potable and non-potable lines. This Master Plan will be available to the Productivity Committee within the next 4-5 months before it is taken to the BCC. John also advised that in affordable housing cases, impact fees can be deferred for seven years. Janet asked who decides on who gets non-potable water? As lines are put in, they should be available for governmental purposes and other customers. John does not believe County government properties are on the waiting list. A1 Kozel asked if the impact fees are composed of sewer and water. John advised they are both figured separately, one for sewer and one for water. Janet said as contracts run out, priorities should be reallocated so that the County's needs for non-potable water are a higher priority than non-County properties. Median landscaping and parks non-potable water needs should be a high priority. -->John will check into the possibility of the County taking on the City's discharge to increase our non-potable water capacity. Jim asked if John had something showing total requests for reuse water? -->John will send charts to Winona to distribute to the Productivity Committee. B. Election of Chair and Vice-Chair Jim Gibson made the motion to move the Vice-Chair, Joe Swaja, to Chair. The Committee unanimously approved. Jim Horner was nominated for Vice- Chair, seconded and unanimously approved. Jim agreed to serve until February 2004, when his term expi res. IV. Comments/Suggestions- None Next Meeting: The next meeting of the Productivity Committee is scheduled for Wednesday, November 19, 2003, 2:00 p.m. in the County Manager's front conference room, 2nd floor of the W. Harmon Turner Building (Building F, Administration Building). Meeting adjourned at 4:05 p.m. Page 3 of 3 Fia!a _ ./ ,, Halas _ ~ Henning_ Coyle _ '--~.. '- Coletta _ ~ Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 1611 St, IMMARY QF MINUTES 11-12-03 VII. OLD BUSINESS: Bridge-Phase 2 - Maurice moved to award the Contract to Thomas Marine Construction of Ft. Meyers for $297,400. Second by Tom Welstsad. Carried unanimously 3-0. Transfer of funds was discussed. Tom Welstead moved to approve a Budget Amendment, if necessary, to move the proper funds to the correct line item from Improvements Capital to cover the $297,400 contract for the Bridge Beautification-Phase 2. Second by Maurice Gutiermz. Carried unanimously 3-0. C. Effluent Service Line - Bob Casey - Public Utilities-Reuse The Committee's goal is to use County water rather than City water. Mr. Casey needs to know the amount of water required to irrigate the area in question. That information will be given Mr. Casey so he can proceed. H. Code Enforcement The Committee is interested in cleaning up the "eyesore" properties in the MSTU area. Patti Petulli, from Code Enforcement, suggested they give them a list of the properties and issues of concern. B. Banners - Tom Welstead moved to authorize and approve expenditure up to $9,500 for 100 Christmas banners. Second by Maurice Gutierrez. Carried unanimously 3-0. D. Property Line Survey (Ingram's) - after discussion: Tom Welstead moved to hire an independent surveyor to survey the property line and show where the County property and right-of-way begins and ends. Second by Maurice. Carried unanimously 3-0. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 AGENDA FOR December 10. 2003 II. III. IV. V. VI. VII. CALL MEETING TO ORDER ATTENDANCE APPROVAL OF AGENDA APPROVAL OF MINUTES: October 8, & November 12, 2003 TRANSPORTATION SERVICES REPORT: A. Budget - Val Prince LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance 1. Mulching costs OLD BUSINESS: A. Collection of Insurance Fees - Risk Management B. Banners - Tom Welstead & Bob Petersen C. Effluent Service Line - Val Prince D. Property Line Survey (Ingram's) - Bob Petersen !~. Bus shelters/CAT system for Bayshore - Bob Petersen 1;. Code Enforcement VIII. NEW BUSINESS: IX. PUBLIC COMMENTS: X. ADJOURNMENT The next meeting is Wednesday, 4:00 PM., January 14, 2004 Collier County Landscape Operations 2705 Horseshoe Drive South Naples, FL 34104 Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 November 12, 2003 MINUTES III. IV. V. VI. VII. Chairman Bill Neal called the meeting to order at 4:00 PM. ATTENDANCE: A. Member: Bill Neal, Tom Welstead, Maurice Gutierrez, Tom Finn & Ed McCarthy (Excused) B. Collier County: Bob Petersen & Val Prince-Project Mgm/Landscape Operations, Joanne Hartman-Operations Coordinator, Bob Casey-Public Utilities- Reuse, John Olney, Eddy Ybaceta & Patti Petulli - Code Enforcement C. Others: Doug Workman-resident, Robert Kindelar~CLM, Sue Chapln-Manpower APPROVAL OF AGENDA: Effluent water and Code Enforcement will be heard first. APPROVAL OF MINUTES: October 8, 2003 (No quorum) TRANSPORTATION SERVICES REPORT: A. Budget - Val Prince - handed out modified form of adopted budget. Covered the different line items and columns with new fiscal year balances. LANDSCAPE MAINTENANCE REPORT: A. Commercial Land Maintenance 1. Mulching costs Robert reported: · Behind on fertilizer materials and should be down next week. · Irrigation problem discussed by car wash will be checked. · Was mulched in August and next application will be in December. · Been fixing banners as they see problems. OLD BUSINESS: C. Effluent Service Line - Val Prince Bob Casey - Public Utilities-Reuse - he reported to the committee there is a 16" water main on Thomasson Ddve, and east of Bayshore it reduces to 8", under Bayshore, west and behind Windstar. His concern is the hydraulic capacity of the line. In order for him to determine the availability, he needs to know the amount of water required to irrigate the area in question. He needs a total acreage number. The line carries a lower PSI - may need a boaster pump depending upon the design capacity. The goal is to use County water rather than City water and extend to 41 (intersection of Bayshore & Thomasson), over the bridge and 41 east. (Maurice arrived at 4:06 PM) A quorum is now established. 1611 Bob & Val will get the information needed for Mr. Casey. He needs to protect his existing customers before he can commit to any additional customers on that line. The County wishes to get as many as possible off potable water from the City of Naples onto effluent when feasible. It would be the MSTU's expense for hooking up the system as it is not in the Counties Master Plan to run it along those areas. Bob & Val will figure out the usage for Mr. Casey. Code Enforcement - Mr. Neal explained they would like help in cleaning up the eyesore properties in the Bayshore areas and asked what kind of help the MSTU can get from Code Enforcement. The CRA has the right of eminent domain and may pursue that dght in the future. John Olney - Code Enforcement - if an individual is meeting all codes, and just ugly, they can not enforce such a situation. They do look for areas of violation and try to address them. A list of concerned properties within the MSTU need to be given to Code Enforcement so they can be addressed. Patti Petulli - Code Enforcement - discussed the Madna with concerning the Site Development Plan and height limitations on the boat storage. Other properties were discussed. Mr. Workman, a resident within the MSTU, asked about the number of people living in single family units and individual units advertising "Rooms for Rent". Patti stated it is hard to find out on either issues, but are making attempts at different hours of the day and night to watch for those violations. They also get on the owners to resolve the issues or take them to court. Again if they are given addresses, they will pursue the issues. Brid,qe - Phase 2 Bob quoted the two bidders for the Bayshore Bridge Beautification- Phase 2 Thomas Marine Construction, Ft. Meyers - $297,400 Zep Construction Inc., Ft. Meyers - $330,700 Thomas Marine Construction is the lowest, qualified bidder. The Committee is relying on the recommendation of the staff. Maurice Gutierrez moved to award the contract to Thomas Marine Construction of Ft. Meyers for $297,400. Second by Tom Welstead. Carried unanimously 3-0. An Executive Summary will be drafted for approval at the 12/2/03 BCC meeting. Notice to Proceed should start in January with 120 days to complete, which is stated in the Contract. Transfer of funds was discussed. Tom Welstead moved to approve a Budget Amendment, if necessary, to move the proper funds to the correct line item from Improvements Capital to cover the $297,400 Contract for the Bridge Beautification-Phase 2. Second by Maurice Gutierrez. Carried unanimously 3-0. VIII. IX. X. · Bill Neal reported the permitting for the dredging of the creek will be finished in February with construction dredging started in March and completed by end of next year. B. Banners - Tom Welstead & Bob Petersen Bob reported he has the art work and will go out for quotes. The estimated quote from the company he has so far is $8,088 which includes the poles and freight. Quotes can be gotten in a few days. They will be put on every pole on the street side. Tom Welstead moved to authorize and approve expenditure up to $9,500 for 100 Christmas banners. Second by Maurice Gutierrez. Carried unanimously 3-0. The bridge and fall banners will be discussed at the December meeting. D. Property Line Survey (Ingrain's) - Bob Petersen Bob reported their surveyor looked at the area but did not do a regular survey. Owners are cutting hedges down themselves which is a violation because they are on County property. It is Commercial Land Maintenances' responsibility to do the landscaping. There is a dispute whether the hedges are on the County property or not. Tom Welstead moved to hire an independent surveyor to survey the property line and show where the County property and right-of-way begins and ends. Second by Maurice. Carried unanimously 3-0. The property owner in question is not paying into the Bayshore MSTU. E. Street Name Change - Application - Bill Neal Bill reported the name change has been submitted to the Planning Dept. with the funds from the Botanical Gardens for the application costs etc. (Bill Neal & Tom Welstead left at 4:45 PM) F. Sawyer Marina - improvements (Mr. Sawyer) Bob reported they have had no luck with the fence as there are drainage issues. Bus shelters/CAT system for Bayshore - Bob Petersen There are no shelters scheduled for Bayshore itself, but will be one at the corner of Thomasson and Bayshore. If the MSTU wants a shelter, they can ask the County for one, with the County maintaining it. E. Collection of Insurance Fees - Risk Management Will discuss at the December meeting. NEW BUSINESS: None PUBLIC COMMENTS: None Being no further business the meeting ended at 5:12 PM. The next meeting is Wednesday, 4:00 PM., December 10, 2003 Collier County Landscape Operations, 2705 Horseshoe Dr. South, Naples, FL Petersen_b Page 1 of 1 From: Sent: To: Cc: PSAGraphic@aol.com Monday, November 10, 2003 9:50 PM BobPetersen@colliergov.net TFIN NSTER@aol.com Subject: Re: EMERGENCY XMAS BANNER ORDER Hi Bob Sorry 'to hear that this must go out on bid but I do understand your requirements. This design is new and Tom has the artwork proposal which must be converted to a High resolution digital file in Quark Express. The banners are to be printed on Sunbrella material with UV sun resistant inks, trapped and silk screen pdnted both sides, 3 colors face and back, with 2 grommets for secure tie down. Classic Forms and design can create the artwork, submit a digital proof and make delivery within 10 working days after receipt of your Purchase Order. Our revised prices are as follows: 50 pole brackets same as previous $66.50 ea. 100 Banners $49.94 ea., design and create Quark express High Resolution file $200.00 Freight $295.00. Sincerely yours, Susan Mc Carthy 410-744-0252 11/12/2003 Petersen b r'l From: Sent: To: Cc: Subject: 1611 arnold_m Thursday, October 09, 2003 2:09 PM Petersen_b flagg_d; prince_v; PetrulliPatricia RE: Request for Code Enforcement to attend next Bayshore MSTU meeting I have a conflict with that time and date but have asked Patti Petruili to attend with the investigator assigned to that area. Michelle Edwards Arnold Code Enforcement birector m-Original Message-m From: Petersen_b Sent: Thursday, October 09, 2003 8:23 AM To: amold_m Cc: flagg_d; prince_v Subject: Request for Code Enforcement to attend next Bayshore HSTU meelJng Hi Michelle, the Bayshore MSTU Advisory Committee has requested staff from Code Enforcement to attend their next meeting, Wednesday, Nov 12, 2003 at 4:00 pm, here at 2705 S Horseshoe Dr. to discuss ways the committee can help clear up "eyesore" properties within the Bayshore MSTU. thanks, Bob HartmanJoanne From': Sent: To: HartmanJoanne Tuesday, November 04, 2003 2:10 PM HartmanJoanne Please be advised that the original date of December 5, 2003 for the referenced workshop HAS BEEN CHANGED TO FRIDAY, DECEMBER 12, 2003 FROM 2:00 - 3:30 P.M. The additional workshop offered is still scheduled for Wednesday, January 14, 2003, front 9:00-10:30 a.m. The location will remain the same for both workshops - the BCC Board Room. Attached is a copy of the revised notice. Please make sure you pass this information along to your advisory board members. Thanks foryour cooperation and please RSVP TO NANCY BRADLEY/COUNTY ATTORNEY OFFICE 774-8400. notice OF: DATE CHANGE for adv ... TO: All Advisory Board Staff Liaisons The County Attorney Office semi-annual workshop on Sunshine LawfPublic Records/Ethics/Ex-Parte issues will be presented to advisory board members and the public on the folloWing dates and times: Friday, December 5, 2003, 2:00-3:30 p.m. in the BCC Board Room Wednesday, January 14, 2004, 9:00-10:30 a.m. in the BCC Board Room Attached is the notice that will be distributed through the Customer & Community Relations · Department for proper distribution and posting. << File: notice for adv brd workshops on cao sunshine law presentation of 120503.011404.101303.doc Please share this information with your advisory board members. RSVP to Nancy Bradley in the County Attorney Office, 774-8400. Thanks for your.assistance. · ALSO PLEASE NOTE: There will be a separate Ethics training available to employees through the Ethics Council in the near future. NOTICE OF I)ATE CHANGE OF IMPORTANT INFORMATIONAL WORKSHOPS FOR ALL COL COMMITTEES AND BOARDS RE: SUNSHINE LAW/PUBLIC RECORDS/ETHICS LAWS & EX-PARTE DECLARATION REQUIREMENTS Notice is hereby given that due to the unavailability of the meeting room for the date of December 5, 2003, the Collier County Attorney Office workshops on Sunshine Law/Public Records/Ethics Laws & Ex-Parte Declaration Requirements will be held on Friday, December 12, 2003 from 2:00 - 3:30 p.m., as well as the originally scheduled Monday, January 14, 2004 from 9:00 a.m. to 10:30 a.m. to the following Committees and Boards: Board of Building Adjustments & Appeals Code Enforcement Board Contractor's Licensing Board Public Vehicle Advisory Committee Workforce Housing Advisory Committee Bayshore Avalon Beautification MSTU Advisory Committee Black Affairs Advisory Board Citizen Corps Commlttee Development Services Advisory Committee CommUnity Redevelopment Agency Advisory Board Disaster Recovery. Task Force EMS Advisory Council Golden Gate Area Master Plan Advisory Committee Golden Gate Community Center Advisory Committee Health & Human Services Advisory Commlttee Immokalee Beautification Advisory Committee Isle of Capri Fire Control District Advisory Committee Lake Trafford Restoration Task Force Library Advisory Board 1V[?O ~ubcommittee (Citizen Advisory Committee) Ochopee Fire Control Advisory Committee Pelican Bay MSTBU Advisory Committee Tourist Development Council Utility Authority . Vanderbilt Beach Beautification Advisory Committee Revenue Commission Board of County Comnfissioners Planning Commission Environmintal Advisory Council Affordable Housing Commission Airport Authority Bayshore/Gateway Local Redevelopment Advisory Board Citizens Advisory Task Force Coastal Advisory Committee Community Character/Smart Growth Committee County Government Productivity Committee 1-75/Golden Gate Parkway Interchange Ad Hoc Cmt Forest Lakes Roadway & Drainage Advisory Committee Golden Gate. Beautification Advisory Committee Golden Gate Estates Land Trust Committee 'Hi.qpanic Affairs Advisory Board Historical/Archaeological Preservation Board Immokalee Enterprise Zone Development Agency Lely Golf Estates Beautification Advisory Committee Land Acquisition Advisory Committee Livingston Road Phase H MSTBU MPO Snbcommlttee (Pathway Advisory Committee) Parks & Recreation Advisory Board Radio Road Beautification Advisory Committee Transportation Disadvantaged Local Coordinating Board Fire and EMS Advisory Committee Immokalee Area Master Plan Ad Hoc Cmt. Two workshops have been scheduled giving board members, staff and the public an option of either of the two dates mentioned above to attend. BOTH WORKSHOPS WILL BE ItELD IN BOARD CttAMBERS AT ~ COLLIER COUNTY GOVERNMENT CENTER, 3301 EAST T MI TRAIl,, W. HARMON TURNER BIJILDING (ADMINISTRATION BLDG. F), 3 FLOOR, NAPLES, FLORIDA. All committee/board members should be knowledgeable of some or all of these laws. Especially advisable for members who haven't attended previous workshops on this subject matter. The workshops are open to the public. The workshops shall be televised and broadcast on the COllier County Government Channel. If you are a person with a disability who needs any accommodation in order to participate in these proceedings, you are entitled, at no cost to you, to the provision of certain assistance. Please contact thc Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida, 34112, (239) 774-8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. STRUCTURAL BUILDINGS BRIDGES ENVIRONMENTAL REPAIRS INVESTIGATIONS REPORTS INSPECTIONS FAILURE ANALYSIS KRIS JAIN & ASSOC., INC. CONSULTING ENGINEERS 660 TAMIAMI TRAIL N.. SUITE 36, NAPLES. FL 34102-8139 PH: (239) 262-4225 · FAX: (239) 262-4101 1611 Mr. Bob Petersen Project Manager County Transportation Operations Department 2705 S. Horseshoe Dr. Naples, FL 34104 Ref: Bayshore .Bridge Beautification-Phase 2 Collier Count' Bid No: 03-3572 (KJA ~0115) October 24, 2003 Dear Mr. Petersen: We have reviewed the two bid packages received by the Purchasing department on the referenced project. Our comments are as follows: 1.~ '":~ ThOhSas Marine;Const. Inc., Ft. Myers Total Base Bid $297,400.00 2. Zep Construction Inc., Ft. Myers D.O. $330,700.00 Both bid packages appear to be in order with the requested information. Thomas Marine Inc. submitted the low bid for a total amount of $297,400.00 ~'~.~ ~ ':~: , '~ ..,~ ?? :, ??-¢;:~ .:!) We have reviewed Thomas marine's "Statement of experience" :and contacted a few key references and find them satisfactory. The list of subcontractors and the list of Project experience appear good. We find Thomas Marine, the low bidder, well qualified and responsive to the requirements of this project. We recommend contract award to Thomas Marine Inc. in the total bid amount of $297,400. Should there be any questions, please let us know. Very truly yours, Kris J'ain & AssOc., Inc. Kris K. Jain, P.E.. President (Project Design Professional) · -~' ~-:'- ~::.:. ; : -_... ' Wd/BsrBrgHRLL02403L MEMBER: FES · ASCE · ACl · PCI · PTI 161! 'COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department Purchasing Building 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239/774-8407 FAX: 239/732-0844 http d/co.collier.fl, us Date: October 22, 2003 To: Bob Petersen, Transportation/Traffic Ops/ATM From: Re: Sue Hebbe, Purchasing Technician Bid #03-3572 "Bayshore Bddge Beautification Phase 2" Enclosed please find a copy of the bids and tab sheet for the above referenced Bid. Please review each bidder's pricing, including checking the unit prices against the extended price (mathematical calculations are not checked at tabulation). If other information was required, it has been noted in the tab sheet. If the tab sheet has the notation "See Bid" or "See Note", it means that there is additional 'information included and that the BID needs to be reviewed. Remember, "Award of bid shall be made to the lowest, qualified and responsive bidder(s) meeting specifications." Please identify the recommended awardee(s) below, and return this form to Purchasing. If the apparent Iow bidder(s) is not the'recommended awardee, please document your reason(s) for your recommendation of another firm(s). If you have any questions, please call me at 774-8967. Recommended Awardee(s): 16[1 i ~.~00 I ll ~mm >' >' >' >' >' >' I~, -~ o o ~ 0._'0 I'- ~ BID PROPOSAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bayshore Bridge Beautification Phase 2 BID NO. 03-3572 Full Name of Bidder THOMAS MARINE CONSTRUCTION, INC. Main Business Address 8999 High Cotton '.Lane, Fort Myers, FL 33905 Place of Business 8999 High Cotton Lane, For,~ Myers, FL ,33905 Telephone No. 239-33?-0008 Fax No. 239-337-0099 State Contractor's. Ucense # coc019275 BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals .are those named herein, that this Proposal is made without collusion with any other parson, firm or corporation; that it has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, 'including Addenda issued thereto and acknowledges receipt below:. Contractor~ Addendum Number Date Issued Initials i 10/15/03 ~ ~l~ Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the Owner in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein proscribed and according to the j'equirements of the Owner as therein set j~orth, fumish the Contractor's Bonds and Ir~surance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the. sums set forth in the following Bid Schedule: NOTE: pages. If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal ...... TR-P-1 ........ 03-3572 Bayshore Bridge Beautification Phase 2 1611 BID SCHEDULE BAYSHORE BRIDGE BEAUTIFICATION - DECO HANDRAILS & SIDEWALK PAVERS Having visited and become familiar with the condlaons at the project site and having carefully examined the bidding requirema~, drawings and specifications, the undersigned Ixoposes to furnish all materials, labor, equipment and incidentals to complete the entire work in accordance with the design documents, applicable codes and ordinances as follow. ~ pa~rs demo w~ a~ 290,44~ 290,440.00 co,,eie~ as ae~ i~Ems a spa:s ~1.,S4) ~~~~ 87( 6,960.00 TOTAL BASE BID PRICE $. 297 ~ 400.00 Two Hundred Ninety Seven Thousand,-:'~0ur Hundred a~d No. 1,.100, 03-3572 Bavshar= Brk~e Beaufific~fic= Phase 2 16ll" MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to.utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Eng[neer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL .MANUFACTURER Concrete Rinker Materials Rinker Materials Pilgrim Pemocoat Red Head Krehling Industries 2. Rebar 3. Epoxy and Sealers Fasteners 4. 5. Pavers Miscellaneous Supplies Hughes SuPply & K.C. Building sUpply Dated 10/22/03 Thomas Marine Construction., Inc. TR-P-3 03-3572 Bavshom Bgd~e Beaut~cation Phase 2 loll LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subconffactors listed herein are "qualified' (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to proper rmenses, certifications, registrations and insurance coverage. The County reserves the right to disqualify any bidder who includes non-compliant or non-cluaF[f'~=~l subcontractors in his/her bid offer. Further, the County may direct the bidder/contractor to remove/replace any subcontractor that is found to be non-compliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sl---~--cts as needed). Subcontractor and Address Tincher Concrete 16900 Gator Road Fort Myers, FL 33912 Class of Work to be Pefforrned 2. NES Traffic Safety MOT 3100 NW 7th Avenue Miami, FL 33127 ' 4. 3. u.s. Brick & Block 16277 S. Tamiami Trail Fort ~yers, FL Allied Testing 5300-A Lee~.Boulevard Lehigh Acres, FL 33971 Gulfshore Site Naples, FL Cougar Cutting Pavers Concrete Testing Debris Removal 6391 Arc Way Fort Myers,, FL Dated 10/22/03 33912 Saw Cutting Thomas Marine Construct ion, TR-P-4 Inc. 03-3572 Bay~m Brid~ Beautification Pha~ 2 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the contract, Proiect,and Location 1. Livingston Road Bridge Widen. Collier County, FL 2. Lakeland Ave. Road Construct. Collier County, FL 3. Steve Roberts Special Br. Hardee County, FL ~ 4..SR 80 Over Townsend Canal Hendry County, FL 5. Broken Back Bridse Golden Gate (CR 876) 6. Golden Gate Boulevard Box Culv. Collier County, FL Reference Steve Wagoner Bonness, Inc. Eddie Martin Collier County Bryan Hunter Hardee County Andy Penney APAC-FL Wes Tanner APAC-FL Jim Stern APAC-FL Wes Tanner APAC-FL "7. us 41 Bridge Over.Halderman creek Collier County, FL Dated ,10/22/03 , Thomas Marine C0nstructi. on, 'Inc. TR-P-5 03-3572 Bavshem Bfidae B~m~ifi~ation Phaso 2 1611 TRENCH SAFETY ACT. Bidder acknowledges that included in the various items'of the proposal and in the Total Bid Price am costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below;. Trench Safety Units of Unit Unit Extended Measure Measure (Quantity.) Cost. Cost (Description) (LF.SY) 1. N/A TOTAL $ o. o0 Failure to complete the above may result in the Bid being declared non-responsive. DATE 10/22/03 Thomas Marine Construction, Inc. Bidder 03-:~572 Bayshore Bridge Be~tdification Phnse 2' 1611 CONFLICT OF INTEREST 1. Bidder shall provide full disclosure of information on any work performed for private interests within the past two (2) years, especially work that is not yet completed. Bidder shall provide a declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. Contractor may request a waiver of this provision from the Project Manager. A waiver may be granted at the sole discretion of the County. Bidder shall provide 'a cerfif'mation by a principal of the firm that the firm will comply fully with items 1 and 2 above, and to certify that no conflict of interest does exist or will arise if firm is awarded a County project. ' Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disquar~fy a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. If more space is required, please attach additional pages. Fa~um to provide the documentation requested above may result in the Bid being declared non-respansive. Thomas Marine Construction, Inc. Contractor Date: lO/22/o3 !~ President ..... TR-P-7 03-3572 ]~yshom Brid~e ]~auti~cation t~me 2 Upon receipt of written notice of the conditional acceptance of this Bid, Bidder will execute the formal Contract attached within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum of: 5% of Bid Amount dollars ($ 14,870.00 ) is to become the property of the Owner in the event the Contrac~ Insurance and Bonds are not executed within the time above set fodh for the delay and additional expense to the Owner. If awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, Subsequently notif'~s the Contractor of a modg,~d (later) commencement date. The undemigned further agrees to substantially complete all work covered by this Proposal within ninety (90).consecuti~ calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within one hundred twenty (t20) consecutive calendar days, computed by excluding the commencement date and including lfle last day of such period. Respectfully Submitted..: State of Florida County of Lee , Dean C. Thomas .., being first duly swom on oath deposes and says that the Bidder on the above proposal is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Thomas Marine Construction, Inc. ., also deposes and says that it has examined and carefully prepared its Bid Proposal from the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained heroin are true and correct. (a) Comoration_ The Bidder is a corporation organized and existing under the laws of the State of Flor±da which operates under the legal name of Thomas Marine Construction, Inc. and the full names of its ofrmem are as follows: President Dean C. Thomas Secretary Gayle Clark Treasurer Gayle Clark Dean C. Thomas Manager TR-P-8 03-3572 Bawshore Brid~e Beaafificalion Phase 2 and it (does) or (does not) have a corporate seal. The (name) Dean C. Thomas is authorized to sign construction proposals and contracts for the company by action of its Board of (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name ot The Bidder is_an indiv~i.* us ' er a trade name, said trade name is DATED 10/22/03 Thomas Uarine Construct'ion legal entity Inc. BY: Thomas Uarine Construction, Inc. Signature Pr~ident Title TR-P-9 Seal] 03-3572 Bayshore BridRe Beautification Phase 2 STATE OF Florida 1611 COUNTY OF Lee The foregoing instrument was acknowledged before me this 22 day of October President hDean C. Thomas , as omas Marine ConstructiOn,. Inc. , a FlOz:ida corpora~on, on corporation. He/she is personally known to me or has produced N/A as identification and did (dk;Lg~) take an oath. ..,2003, of behalf of the My Commission Expires: Rosalind Gay-le C, lark (AFFIX OFFICIAL SEAL) [~" Notary PIJblic~ State of Florida Commission No.: DD020897 TR-P-10 03-3572 B~ Bridge Bemztification Phase 2 16 i..1 BID BOND KNOW ALL MEN BY THESE'PRESENTS, that we Thomas Mar±ne Construction, Inc. .. (herein after called the principal) and Western Surety Company '. - (herein called the surety), a corporation chartered and exisUng under the laws of the State of South DakOta w~th its principal offices in the city of sioux Falls and authorized to do business in the State of Florida are he|d and firmly bound unto the Board of County Cgmmissioners~ 'Collier County,. Florida .(hereinafter ca|led the Owner, in the full and just sum of, Five Percent (5%) of Amount Bid dollars ($ - ) good and )awkli money of the United States of Araerica, to be paid upon demsnd of the Owner, to which payment well and truly to be made, the Principa~ and the Surety bind themSelves, their heirs, and executors, administrators, .and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is .aboLq to submi% or'has submi~ed to the Owner, $ proposal for furnishing ali labor, materials, equipment and incidentals necessa,-y' to (umish and ins%ali: Bayshore Bridge Beautification Phase 2: BID NO. 03-3572 NOW, THEREFORE: The conditions of this obligation a~ such that if the Proposat be accepted, the Principal sh~li, within fifteen days after the date of a written Notice of Award, 'execute a Contract in accordance with the Proposal and upon the 'terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and sa~sfactory Contract Performance Bond and Payment Bo'nd payable to the Owner, in an amount of one hundred percent (100%) of the total Contract price each in form and with security satisfactory to the said Owner, then this obligation to be void; othem/ise to be and remain in full 'force and virtue in the law;, and the Surety shall, upon failure of the Principal to comply with any Or all of the foregoing requirements within the time sp~ above, immediately pay to the aforesaid 'Owner, upon demand,' ~e. amount hereof in good and lawful money of the United States of America, hot as a 'penalty bufas liquidated damages, i IN TESTIMONY Thereof, the Principal and Surety have caused these presents {° be duly Signed and sealed this 22nd day of. October ,2003. . . . (Seal) TI~-P-1.1' 03-35?2 ~ Brk]§e Bcaut~c~t~o~ Ptmse 2 Local Resident Producing Agent for W~A -~e~-in-Fact (Seal) Licensed Florida Counterslgned/Ja~ E. Woody, · ' ;ReSident Age..nt 239-275-8226 4110 Center Point Drive, Sui:e 215; Fort Myers, Florida 33916 TR-P-12 03-3572 ]~ Btid&e B~m~5~ica Pba~ 2 Western Sure Compan 6. ! 1 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY coMPANY, a South Dakota corporation, is a duly organized and existing corporation ' having its principal office in the City of Siouk Falla, and State of South Dakota, and that it d°es by virtue of the signature and seal herein affixed hereby make, constitute and appoint .... Jay E' Woody, D A Valenti, Robert Trobec, Wendy L Hingson, Denise A Madden, S P . Humenchick, Individually of Fort Myers, FL, its tree and lawful Attorney(s)-in-Faet with full power and authority hereby cOnferred to sign, seal and execute for and on its behaif bonds, undertakipg.~ and other obligatory mslruments of similar nature ...... . - tn Unlimited Amounts - and to bind it thereby as tully and to thc sara~ cxt=nt as if such inslrumenl~ were signed by a duly authorized officer of the corporation and all the acts of said Atmm~', pursuit to thcauthority h~r~by giw-n, are hcr~by ratified and confirmed. . This Power of Attom%' is made and executed pursuant tv and bi' authority of the By-!.~w printed on the reverse hereof., duty adovted, as indicated, by the shareholders of the c. orpotation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presenB to be signed by its Senior Vice i~esident and its corporate seal be hereto affixed on this 20th day of June, 2003:. WESTEKN SURETY COMPANY Paul :~. BmflaL Senior Vice President State of South Dakota } ss County of Minnehaha On this 20th day of June, 2003, bef°re me personally came Paul T. Bruflat, to me known, who, being by me duly sworn; did depose and say: tiaa{ he re~ides in {he City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed thc above instrument; that he knows the seal of said corporation; that thc seal affixed to the said instrument is such corporate seal; that it was so affLXed pursuant to authority given by the Board of Directors of said coqx~ration and that he signed his name th~-rcto pursuant to like authority, and ..~ acknowledges same to' be thc act and deed of said corporation. My commission expires November 30, 2006 · D. KRELL ~ ~yO so~ O~A~.~. CERTIFICATE L L. Nelson, AsSistant Secretary of WESTERN SURETY COMPANY do hereby certi~ that thc Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscnTM my name and affixed the seal of the said corporation this 22nd day of Oo~ober , ~- F°rm F4250.01.02 WE:STERN SURETY COMPANY, · Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTEP~. SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly ~dopted by the shareholders of the Company. Section ?. All bonds,-P°licies, undcu'takings, Powers of Attorney, or other obligations of the corporation shall be. executed in the corporate name of the Company by the President, Secreta~, and Assistant Secretary, Treasurer, or any Vice President, or by such other .. officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomey~ in Fact or agents who shall have authority to issue bonds, policies, or undertakings/n the name. of the. Company. The corporate sea! is not necessary for the validi~ of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and retum with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 2. 3. 4. 5. 6. 7. The Bid has been signed. The bid prices offered have been reviewed. The price extensions and totals have been checked. The payment terms have been indicated. Any required drawings, descriptive literature, etc. have been included. : Any delivery information required is included. If required, the amount of bid bond has been c, hedr, ed, and the bid bond or cashiers check has been included. Any addenda have been signed and included, The maaing envelope has mn addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Tral, East Naples, Florida 34112 11. 12. The mailing enVelope mu~. be sealed and marked, with: ¢~Bid Number, ¢~Project Name; ¢~Opening Date. The bid will be mailed or delivered in time to be received no later than the specified ooenin~ ~e.~_~L~.q~. (Othenaise bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Thomas Marine Construction, Inc. President Signature & T'Rle October Date ....... TR-P-13 22~ 2003 0~-~572 Bayshom Brid~e Beamt~cadoa l~ase 2 Oct-IlS-OS 12:0IS Front. Collier Count), Purchasin~ 041 T32 0844 T-$42 P.003/003 Hit 161l If ~ ~m ~~1 i~~ to p~ml ~ ~ ~t James .p~~ ~t ~ ~~5 = by ~ a ~ ~~mov.~. T~ q~ ~ to ~ ~ to ~ Jain ~ 2~~5- ~k ~. Cc: ~ P~, ~ M~ag~ Fde 1611 BID PROPOSAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bayshore Bridge Beautification Phase 2 BID NO. 03-3572 Full Name of Bidder ~' ~-- ? Main Business Address '~ (~'C~ Z. Place of Business ~0/"}- ~yEJ'.[ , //C::: L Lee Telephone No. 7_ $ ~- 7.- 6 ? - ~ 7 P ~ ,, Fax No. ~ ~ ~) '" 7.- (= 7 -- 7 ~ o 7 State Contractor's License # C ~' (~- O -~ ] 8 ~ Z. To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Contractor's Addendum Number Date Issued Bidder proposes, and agrees if this Proposal' is accepted, Bidder will contract with the Owner in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the ..requirements of the Owner as therein set .forth, furnish the Contractor's Bonds and In.surance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it Will take full payment the. sums set forth in the follOwing Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. .... . TR-P-1 ......... · ....... 03-3572 Bayshor~ Bridge Beautification Phase 2 1611 BID SCHEDULE .... BAYSHORE BRIDGE BEAUTIFICATION - DECO HANDRAILS & SIDEWALK PAVERS Having visited and become familiar with the conditions at the project site and having carefully examined the bidding requirements, drawings and specifications, the undersigned proposes to furnish all materials, labor, equipment and incidentals to complete the entire work in accordance with the design documents, appliCable codes and ordinances as follow. No. Item Quantity Unit Unit Amount Price 1. Deco Handrails, traffic barder, wall I ES sidewalk pavers demo work, all .... ~'~, ,f"~¢' complete.as per plans & specs (S1-S4) 2. Additional cast-in-place concrete traffic 8 CY . wall or footings, including reinforcing '~.~-{~ steel, forming & finishing (when required and approved by the Engineer) TOTAL BASE BID PRICE $ ~"~0,~ 7~, '~ Total Base Bid Pdce in words: T~.¢~, ,~,~/,~/'~,~/~[//-~ .7-~-'',~/~'a~/.~'E~'~'A./{/~/'~¥/P#Yf, crT'~--'~vi%J TR-P-2 (ZEP CONSTRUCTION, INC. 7802 Jean Blvd. Ft. Myers, FL 33912 03-3572 Bayshore Brid§e Beautification Phas~ 2 MATERIAL MAN U FACTU RERS · The Bidder is required to state below, material manufacturers it proposes to.utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 8r';~K .T- a J vs/-r,'es, J'," e. Dated lo" 7.. Z .' Z. o o.3 /~~ ZEP CONSTRUCTION, 780~ Jean Blvd. BY: TR-P-3 03-3572 Bayshorc Bridge Beautification Phase 2 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal : requirements applicable to and necessitated by this Agreement, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The County reserves the right to disqualify any bidder who includes non-compliant or non-qualified subcontractors in his/her bid offer. Further, the County may direct the bidder/contractor to remove/replace any subcontractor that is found to be non-compliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE. COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Subcontractor and Address Ily$O 5to' 17~/' Class of Work to be Performed e.o,v c/-e ~ce ¸4. '5, o Dated_ I 0-" 03-3572 Bayshore Bridge Beautification Phase 2 STATEMENT OF EXPER~NCE OF BIDDER The Bidder is required to state below what work of similar magnitude is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the contract. Proiect and Loc,atioq Reference. l~l':cl~e.s ce.,'er 3. 4. / t 8'0 o .- y ..z z - Z.o o e Dated J 0 -' Z Z -- Z o o .~ 03-3572 Bayshor~ Bridge Beautification Phase 2 1611 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Flodda) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure CQuantitY) Cos. t. Cost ~ (LF.SY) '4. TOTAL $ Failure to complete the above may result in the Bid being DATE I0 "'Z Z .-' 7.0 o -~ BY: TR-P-6 03-3572 BayshOre Bridsc Beautification Phase 2 CONFLICT OF INTEREST 1. Bidder shall provide full disclosure of information on any work performed for private interests within the past two (2) years, especially work that is not yet completed. Bidder shall provide a declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. Contractor may request a waiver of this provision from the Project Manager. A waiver may be granted at the sole discretion of the County. Bidder shall provide a certification by a principal of the firm that the firm will comply fully with items I and 2 above, and to certify that no conflict of interest does exist or will arise if firm is awarded a County project. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. If more space is required, please attach additional pages; Failure to provide the documentation requested above .may non-responsive. result in the Bid being declared Date: ZEP CONSTRUCTION, (7802 Jean E4~d. C mtracto~ By:_ 03-3572 Bayshore Bridge Beautification Phase 2 ....... __TR-P-7 UpOn receipt of wdtten notice of the conditional accePtance of this Bid, Bidder will execute the formal~ Contract attached within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance as required by_ the Contract Documents. The bid security attached in the sum of: $,~ o~~;~1 dollars ($ ]6.155~,o° ) is to become the property of the Owner in the event the Contract, Insurance and Bonds are not executed within the time above set forth for the delay and additional expense to the Owner. I{' awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the wdtten Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Proposal within ninety (90) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within one hundred twenty (120) consecutive calendar days, computed by excluding the commencement date and including the last day of such period. ResPectfully Submitted: State of {~. I e r ,' OI ~.. County of L C ~_. ..~'e, 1/~, ~ Z.¢./~ c.e ~/$~',' , being first duly sworn On oath deposes and says that the Bidder on the above 'Proposal is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. ~oV~ ~1:~.~.t/$ A",' , also deposes and says that it has examined and carefully prepared its Bid Proposal from the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statemen.ts contained herein are true and correct. (a) Corporation The Bidder is a cOrporation organized and existing under the laws of the State of F Jo/' which operates under the~1'egal name of Ze.~ ~-~ s +~'ocY.;o,,~ ..~¢. -and the full names of its officers are as follows: President ~o I/~3 N Secretary ~oV~ ~/ Treasurer "~ov~ ~ Manager '5'~ v'~ ~ TR-P-8 03-3572 Bayshore Bridge Beautification Phase 2 and it (does) or (<]cc.~ --'-~,,..,; have a corporate seal. The (name) is authodzed to ~ign construction proposals and contracts for the company (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is operatin9 under a trade name, said trade name is DATED i, and if legal entity Witness BY: Name of Bidder (Typed) Witness Signature Title TR-P-9 [Corporate Seal] 03-3572 Bayshorc Bridge Beautification Phase 2 .STATE OF ~/o,-; a COUNTY OF ~ e. & The foregoing instrument was acknowledged before me this _ 7_. 7_.. day of {~ C..~o ~ ~' r- corporation. ., 2003, C.¢,.~-/./'q,c..~-,'a~ ~/V¢. ...., a f:l,r;d,.., corporation, on behalf of the He/sh~ is pers~ly kD_0_~ or has Produced /~/,'~ as identification and did (d~l-p.~) take an oath. My Commission Expires: ~'-- ;'/..- 7..o<~ '/ NAME: (Signature of Notary) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of ~/o ~, ,' ~o.- Commission No.: b~ Z3z- ~/~ ,,..~~ STEVEN A. FARAH NOTARY PUBLIC-STATE OF Ft. ORIOA COMMISSION # DD232996 ~.-~. ~..~;~z.~e~_.'~ EXPIRES 8/12/2007 '-~ o, ?.%. TR-P-10 03-3572 Bayshorc Brid§c Beautification Phase 2 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we zep construction,---Inc- (herein after called the Principal) and Libert~ Mutual Insurance Com~_q~ (herein called the Surety), a corporation chartered and existing under the lews of the State of Massachusetts v~th its principal offices in the city of Boston and authorized to do business .in the State' of Florida are held and firmly bound unto the Collier County Board of County Cona~issioners _(hereinafter called the Owner, in the full and just sum of · ' - dollars ($, - ..... ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents, Whereas, the Principal is about to submit, or'has submitted to the Owner, 'a proposal for furnishing all labor, materials, equipment and incidentals necessary to furnish and install: Bayshore Bridge Beautification Phase 2 BID NO. 03-35'72 NOW, THEREFORE: The condEions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred percent (100%) of the total Contract price each in form and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid'Owner, upon· demand, the amount hereof in good and Awful money of the United States of America, not as a penalty but as liquidated damages. IN.TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this ~ day of OctQber ,2003. BY ZEP ~ ~ION, T R--E--I-1' 1 (Seal) · 03,-3572 B~om B~d~¢ Bemai~ca~o~Ptm~ 2 1611 Local. Resident Producing Agent for LIBERTY MUTUAL INSURANCE COMPAN~Z S.~'.~umenchick, At torney-i~-~act Countersigned (Seal)  E. Woody, ~lorida Resident Agent 239-275-8226 Valenti, Trobec & Woody TR-P-12 03-357~ Bay~bom ]~ge Beam~:]cattoa Phase 2 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INS~F--~-ACT OF 2002 In accordance with the Terrorism-Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Libedy Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Co. ri~oration; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part. of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMTC-6539 2/03 1265423 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT I$ PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of tho~,e named hereirh and they have no authority to bind the Co~pa~. exc~pt~ the manne~r and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY 'BOSTON, MASSACHUSETTS I~III~OF ATTORNEY KNOW ALL PERSONS 1~¥ THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint DENISE A. MADDEN, ROBERT TROBEC, D. A. VALENTI, KATI~LEEN M. IRELAN, lAN J. DONALD, S. P. HUMENCHICK, ALL OF THE CITY OF TROY, STATE OF MICHIGAN, ................................; ............ ,..""'" ..... '~ ..... ' ......................................... , each individually if there be more than one named, its true and awful attorneY-in-fact to make, exeCute, seal, acknowledge and deliver, for and on its , an and all undertakings, bonds, r~ni~nces and other Surety obi ~qations in the penal sum not exceeding behalf as surety_ and as ,ts act and deed , - . ***** each, and the FIFTFFN MILLION AND ************************* ., DOLLARS ($ 15,000,000 00 Shall be as bi'din u on the execution of such undertakings, bonds, recognizances and other surety obligat;ons, in pursuance of these presents, g P Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such att,mays-in-tact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of att,may, shall have.full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. : By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bends, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies there(~ and are now in tull force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the company and the corporate seal of Liberty Mutual Insurance company has been affixed thereto in Plymouth Meeting, Pennsylvania this 18th day of April , COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY LIBERTY MUTUAL INSURANCE COMPANY © ss On this. t8th day of April , 2003 , before me, a Notary Public, personally came ~ to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Uberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH~ subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first abovewritten. '~~/~a~ se~, ~ ~ Teresa Pa,~.te~la. Not'4ry Public . O F Ptyn~uth Twp., Mo~gomer~ Cc~nty By My Comm~.ssk~'~ Exp~[e.s Mar. 2~. ~.005' Teresa Pastella, Notary Pub ic I. the undersigned, AssistanTb~etary of Libel, Mutual Insurance Company, d0 hereby Certify that the Original power:Of attorney of which the toregoing is a full; true and correct copy, is in full force and effect on the date of this certificate; and I 'do further Certify that the.officer or official who executed the said power of attorney is an Assistant Secretary specially auth0rized, by the chairman or the president, to..aPP°int: attorneys-in-fact, as provided in Article Xlll, Section 5 of lhe By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by' facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of Mamh, 1980. VOTED that the tacsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a cert.,ed COpy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company will3 'Om same force and effect as though manually affixed. 22nd IN TEST~ONY WHEREOF, i have hereunto subscribed my name and affixed the corporate seal of the said company, this day of oc~Lobm:' ,2_00.3 . 1611 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDEP~ CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return_ with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 2. 3. 4. 5. 6. 7. The Bid has been signed. 'The bid prices offered have been reviewed. The price extensions and totals have been checked. The payment terms have been indicated. Any required drawings, descriptive literature, etc. have been included. Any delivery information required is included. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. Any addenda have been signed and included. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Flodda 34112 11. The mailing envelope must be seal,ed and marked with: <:>Bid Number; <:::>Project Name; ~:,Opening Date. 12. The bid will be mailed or delivered in time to be received no later than the specified _openin_q ' date and time. (Otherwise bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT. NAME ON THE OUTSIDE OF THE COURIER~KET ZEP CONSTRUOTION, INC. ~'~ /"tu i Titt Date ........... TR-P-13 .......... 03-3572 Bayshore Brid$c BcautLfication Phase 2 0c~-15-03 11:52 From-Colliar County Puicha$~ ~41 732 0844 -i:T-.535" P.001/003 F-H1 3301 F_ Tam~am~ Tm~ Naples FL 34112 Pt~o~e: 239-'/74-8~67 Fa~: 2~9-732-08~4 Fax Plan Holder's From= Sue Date= October 15;,2003 _ __ Fax~ Phone= Pages: Two (2) plus cover CC: _ Urgent ~ For Review I'1 Please Comment I'1 P~ease Reply C3 Please Recycle Bid #03-3572 -laayshore Bridge Beautification Phase AddendUm #1 0ct-15-03 11:5Z From-Collier County Purchasin~ 641 732 0844 T-538 P.002/003 F-611 1611 PURCtL~SING D]~PARTlVIENT ~DMINISTRATIWE SERVICES ~MSION COLLIER GOVeRNMeNT -'- 3301 EAST TA.MIAMI TKAIL G~NERAL SERVICES B~LDING N~LES, ~OR~A 34112 (239) ~74-8965 F~ (2S9) ~32~844 ADDENDUM #1 www.colliergov.net DATE: TO: FROM: October 15, 2003 Interested Bidders James Albury (~ Purchasing Ager~ SUBJECT: Addendum #'1 - Bid #03-3572 "Bayshore Bridge Beautification Phase 2" Addendum # 1 to Contract Documents for Bayshore Bridge Beautification Phase 2, Bid No. 03- 3572. TO ALL BIDDERS AND CONCERNED PARTIES Bidders and Suppliers submitting propoSals for the above referenced project shall take note of the following changes, additions, deletions, clarifications etc. to the technical drawings and specifications which in accordance with contract documents shall become a part of and have precedence over any thing shown or described otherwise. Note: Bidders must acknOWledge receipt of this Addendum on page TR-P-1 of the Bid Proposal. CLARIFICATIONS & REVISIONS TO TECHNICAL DRAWINGS & SPECIFICATIONS: DRAWINGS Drawin _o S_2 A.1 Plan Keynote No.18. Replace existing keynote about saw cutting median curb 3" deep with a note to read as "Drill 7/8" diameter drainage holes at 10 ff. o.c. through ex~sting median curb, 4" above the roadway and stuffed with a Filter fabric." A.2 Bridge Plan: Omit keynote No. 18 from all but one place on either side of the median. Add note "at 10' o.c." 0ct-15-03 i1:5~ Froa-Colliar Count~ Purchasin~ ~.g~l ?3Z 0.1~44 T-538 P.003/003 F-811 Dr~wina S~ B.1 Detail Section E/S3. Replace note on waterproofing with a note to read as "Waterproofing with Protection Board and Miradrain G10OW;' a geotextile drain, Typica~ on bridge deck under paver sand bed layer:' ALr~,~,.-'~ J"l If you require additional information to procedural matters--,please c_,afl James Purchasing Department at 239/774-8965 er by e-mat~ a~t James Albu~cc~er.qov.net, Technical questions need to be directed to Kris Jain at 239/262-~2~5. Thank you, Cc: Bob Petersen, Project Manager File STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION'INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSSEE FL 32399-0783 16 1 HENDRICKSON, DOUG MELTON ZEP CONSTRUCTION 7802 JEAN BLVD FT MYERS FL 33912 STATE OF FLORIDA AC# I'15 3 ~DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CGC051862 08/15/0~ 200051204 CERTIFIED GENERAL CONTP~ACTOR HENDRICKSON, DOUG MELTON ZEP CONSTRUCTION INC IS CERTIFIED uncle= t:~.~ provisO, on. o£ Ch.489 Expir&=iond&=*: AUG 31, 2004 DETACH HERE AC#0534366 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L02 081502( The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2004 HENDRICKSON, DOUG MELTON ZEP CONSTRUCTION INC 7802 JEAN BLVD .FT MYERS FL 33912 JEB Bush GOVERNOR DISPLAY AS REQUIRED BY LAW KIM BINKLEY-SEYER SECRETARY ~§8 D8 00-.~ 000 0'~ __.. 888 888 oo~ ITl Z 00000000000000000~ 80008°80°°00°00°0 "-I ITl I-- ITl Z m rn x "1:1 I'll Z ITl 1611 Z ~0000000 o~ ~ 00~ 000 000 00000000 00000000 ~g g@ nl Z CZ m 1611 MEMORANDUM TO: Kathleen Martinson, Administrative Aide to BCC ~OM: Sam Tucker, Executive Aide to BCe .~...'~ I DATE: November 26, 2003 RE: Community Character/Smart Growth Advisory Committee Agenda and Minutes Z am submitting the following Agenda and Minutes of the Community Character/Smart Growth Advisory Committee to be filed by your office. 1. Agenda and Minutes of October 8, 2003. Agenda and Minutes of October 22, 2003. Agenda and Minutes of November 14, 2003. Thank You, Sam Tucker Executive Aide to BCC COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE AGENDA MEETING DATE: MEETING TIME: LOCATION: October 8, 2003 2:00 pm Collier County Government Complex County Manager's Conference Room 3301 E. Tamiami Trail Naples, FL 34112 I. Roll Call II. III. IV. Vm Approval of Minutes: a. September 24, 2003 Update from Bruce Anderson re: conditional use to as of ri_qht use Discussion of Handouts from September 24th meeting Other Business a. Six applicants, deadline is Friday, October t0th VI. Adjournment 1611 Community Character/Smart Growth Advisory Committee Minutes of October 8, 2003 Meeting called to order at 2:04 pm by Chairman, Mark Morton. Members present: Jim Lucas, Pat Pochopin, Brad Cornell, Dwight Richardson, Mark Morton, Bob Murray, Susan McCampbell, Gary Davis, Gavin Jones, Bruce Anderson. Members absent: Dwight Oakley. Staff: Sam Tucker, John-David Moss, Jay Sweat, Commissioner Henning, Winona Stone. Other: Russ Weyer, applicant. II. Approval of Minutes: a. September 24, 2003, motion by Bob Murray, seconded by Brad Cornell, approved unanimously. III. Bruce Anderson re: the LDC amendment to change "conditional use" to "as of right use". He did not approach staff as requested. He investigated into the minutes of a prior CCSGAC meeting of 06/26/02 whereas the committee requested this same type of amendment; after the request was made, staff changed the language themselves to disallow our proposal. In response to Bruce Anderson's findings, another motion was made: to amend the Comprehensive plan to allow residential over commercial use by right in C-1 to C-3. Motion by Bruce Anderson, seconded by Brad Cornell, approved unanimously by attendees. The committees intent is to get this in the GMP adoption phase in November and the first LDC cycle in 2004 (approximately May or June). IV. Introduction of Russ Weyer, applicant in attendance. Russ is Vice President of Development for J.E.D. of Southwest Florida, has 20+ years in the community real estate development business and currently serves the SW FL ULI District Council. Discussion about future guests: a. Karen Bishop of PMS to brief the committee on the Orange-Blossom Special District and the Buckley Property. b. Alan Reynolds to educate the group on the proposed Ave Maria Rural Stewardship District. VI. Adjourned at 3:29 pm. 1611 COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE AGENDA MEETING DATE: MEETING TIME: LOCATION: October 22, 2003 2:00 pm Collier County Government Complex County Manager's Conference Room 3301 E. Tamiami Trail Naples, FL 34112 II. III. IV. Ym VI. Roll Call Approval of Minutes: a. October 8, 2003. Applicant Overview; recommendation to the Board of County Commissioners. Objections, Recommendations and Concerns Report from the Department of Community Affairs Other Business: a. Meeting Schedule Adjournment 1611 Community Character/Smart Growth Advisory Committee Minutes of October 22, 2003 CORRECTED II. III. IV. Meeting called to order by Chairman, Mark Morton at 2:13 pm. Members present: Bob Murray, Mark Morton, Dwight Richardson, Dwight Oakley, Pat Pochopin, Brad Cornell, Gavin Jones, Bruce Anderson, Gary Davis. Members absent: Susan McCampbell, Jim Lucas Staff: Sam Tucker, Jay Sweat. Recommendation of applicant for membership to Board of County Commissioners: a. G. Russ Weyer b. Celia Fellows (as replacement if necessary) Approval of Minutes: a. October 8, 2003' unanimously. motion by Bob Murray, seconded by Pat Pochopin, approved Motion by Bruce Anderson: a. Amend Comprehensive Plan to clearly allow mixed residential and commercial uses in commercial zoning districts. b. Amend Land Development Code to move all language related to mixed-use under "conditional use" to "permitted use" section in C-l, C-2, and C-3 Districts. c. Amendment to the LDC be approved simultaneously with the amendment to the Comp Plan. Motion seconded by Gavin Jones, approved unanimously. Dwight Richardson to bring language to Planning Commission tonight, October 22, 2003 for expedient action. Meeting schedule: a. Friday, November 14th at 2:00 pm to discuss ORC report from DCA. b. Tuesday, November 25th at 2:00 pm. VI. Meeting adjourned at 3:29 pm. 1611 COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE AGENDA MEETING DATE: MEETING TIME: LOCATION: November 14, 2003 2:00 pm Collier County Government Complex County Manager's Conference Room 3301 E. Tamiami Trail Naples, FL 34112 II. III. IV. VI. Roll Call Welcome New Member Russ Weyer Approval of Minutes: a. October 22, 2003 Discussion of DCA Report of GMP Amendments Other Business Adjournment 161! Community Character/Smart Growth Advisory Committee Minutes of November !4, 2003 CORRECTED II. Meeting called to order at 2:11 pm by Vice Chairman, Bob Murray. Members present: Bob Murray, Dwight Richardson, Jim Lucas, Pat Pochopin, Gavin Jones, Dwight Oakley, Brad Cornell, Bruce Anderson, Russ Weyer. Members absent: Susan McCampbell, Mark Morton, Gary Davis. Staff: Sam Tucker, Stan Litsinger, Jay Sweat, John-David Moss, David Weeks, Commissioner Henning. DCA/Staff report of committee-recommended GMP amendments for discussion by David Weeks. He informed the group that these amendments will not go into the current cycle, but will be presented in the first cycle of 2004, approx. February. Some changes made, update to be handed out at next meeting on November 25, 2003. III. Meeting adjourned at 5:15 pm 161i C. F. C. Board of RECEIVED OCT 31 2003 County ~ommfs$ October 31, 2003 Honorable Tom Henning, Chairman Board of County Commissioners Collier County Courthouse - Admin. Bldg./3 Naples, FL 34112 Subject: 2002-2003 Budget Amendment Dear Commissioner Henning: Enclosed is a copy of an amendment to our Fiscal Year 2002-2003 budget that was submitted to the Department of Revenue. Sincerely, 'er ~ounty Tax Collector Enclosure 0000 0 Co '-.4 1611 mI 0 (3~ 0~ 0 0 C:: C:: t3 ~00 0'13 ~i ~' ~0 "-"-'"~ ~ "~'i ~ ~ ~"'~o __.'<,,, ,..."" oo ~ rn ~ e ", o"o ~ .., ,.,. : r' - ~! ~ m m'u ~' m -. ~-'= -., -~ ~ m ~ m o 0 0rn iJ (~ ,-, ~ ~:x I - ~ (D 0 "n o. m ):, -~0 (D :m Z Z 0 .~' + --m ~, ~ 0 A O~ ~~ C ;I 1611 rn --d c~(n 03 c3 c3 0~ 0 C') X 0 cc ~ Om3> 3> ~'~o m cQ m 3> :~.H -~ ~ ~ _. o~ r'- 0 0 0 · P..,.~. m ,-~ r'- m m m© 0 ~'~ C/) Z '13 > o ;om 'o ~. ; ~.~ :C: ;:;0 Z --I r" O~ m 3>~.., '0 :~ 3>; r-u~ c: C~I ~!rni --Ii rtl '-< 0 m _-om om;om ---~ $ = -: · ,-. ~ ~x ,- o mr" ~ o ZITI > ~0 m + m.~m DEC 2 of County Commissioners OFFICE OF CITY CLEF~ December 10, 2003 Certified Mail #7002 0510 0003 7329 9666 Collier County Board of Commissioners Collier County Courthouse 3301 East Tamiami Trail Naples, FL 34112-3972 Re: Voluntary Annexation Ruffina, 605 Sandpiper Street Antaramian Capital Partners, LLC Gentlemen and Ms. Fiala: Pursuant to Chapter 171.044(6), Fla. Stat., we are providing herewith the Notice of Voluntary Annexation which was published in the Naples Daily News on December 9, 2003. Sincerely, Tara A. Norman City Clerk EnG. Xc: City Manager City Attorney Community Development Director Copics FACSIMILE (239) 213-1025 TELEPHONE (239) 213-1015 SUNCOM 717-1015 735 EIGHTH STREET, SOUTH · NAPLES, FLORIDA 34102-6796 Notice is hereby given that the Naples City Council will hold a meeting beginning at 9:00 a.m., Wednesday, December 17, 2003 in City Council Chambers, 735 8th Street South, Naples, FL 34102. Among the public hearings to be considered is: Ordinance No. 03-10280 granting voluntary annexation of 12.79 acres located at 605 Sandpiper Street, more particularly described herein, providing a severability clause, a repealer provision and an effective date. · Location: 605 Sandpiper Street Legal Description: The West one-half of the Northwest one-quarter of the Northwest one-quarter of Section 11, Township 50 South, Range 25 East, lying South of State Road 90 (Tamiami Trail, U.S. 41), in Collier County, Florida, except the South 264 feet. A complete legal description is available in the City of Naples Planning Division, 295 Riverside Circle, Naples, Florida. Petitioner: Anta. ramian Capital Partners, LLC Agent: John M. Passidomo A complete legal description by metes and bounds and a copy of the ordinance Can be obtained from the City Clerk's office. , PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTIC~E NOTICE OF VOLUNTARY ANNEXATION: 03-AX1 (o3-o88) 611 Voluntary Annexation 03-AX1 Ruffina. 605 Sandpiper Street ALL INTERESTED PARTIES ARE INVITED TO APPEAR AND BE HEARD. Any person who decidesto appeal any decision made by City Council with respect to any matter considered at this hearing will need a record of the proceedings and may need to ensure that a verbatim ~ecord is made, which record includes the testimony and evidence upon which the appeal is to be heard. Any person with a disability requiring 'auxiliary aids and services for this meeting may call the City Clerk's office at 213-1015 with requests at least two business days before the meeting date. City Council of Tara Norman, City Clerk" _No. 99~L58775 To: ClerJ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PuBLIc HEARINGS Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Depff Div: Co~.Dev. Se~.~la~gPer~~e~_..~x~ .-~?ate: Petitioner: (Name & Address):Hoover Planning, Jeremy Sterk, 3785 Airport Road N., Suite B-I, Naples, Fl. 34105 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)Lenar Parmers, Inc., 1601 Washington Ave. Suite 700, Miami Beach, Fl., 33139 Hearing before BCC BZA Other Requested Hearing date: Janua~ 13, 2004 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: RZ-2003-AR-4080, Jeremy Sterk, of Hoover Planning & Development, Inc.,.representing Lannar Partners, Inc., requesting a rezone from "GC" Golf Course to "CF" Community Facility for a church with a maximum of 513 seats. The subject site is located on the southeast comer of Rattlesnake- Hammock Road and Doral Circle, in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.06+ acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advert/sing costs: Reviewed by: ' List Attachments: Date Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE .USE ONLY: Date of Public hearing: {/IS I0d Date Advertised: tzlz~ /_ Date Received: ORDINANCE NO. 04 - AN ORDINANCE OF THE BORAD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0619N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTHEAST CORNER OF RATTLESNAKE- HAMMOCK ROAD CR-864 AND DORAL CIRCLE IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "GC" GOLF COURSE TO "CF" COMMUNITY FACILITY FOR A CHURCH; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Yeremy Sterk of Hoover Planning, representing Lennar Partners, /nc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 19, Township 50 South, Range 26 East, Collier County, Florida, is changed from "GC" Golf Course to "CF" Community Facility and the Official Zoning Atlas Map numbered 0619N, as described in Ordinance 91-102, the Collier County Land Development Code, is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions on Exhibit "B": SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY County, Florida, this ADOPTED day of by the Board of County ., 2004. CommiloZ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY Marj ori4dM. Student Assistant County Attorney RZ-2003-AR-4080/RM/sP 2 LEGAL DESCRIPTION BEGINNING AT THE NORTHWEST cORNER OF TRACT "A" LELY GOLF ESTATES TRACT MAP AS RECORDED IN PLAT BOOK 8 PAGE 20 OF THE PUBLIC REcoRDS OF COLLIER COUNTY FLORIDA ALSO BEING A POINT ON THE sOUTH RIGHT OF WAY OF S.R. S-864 AND THE NORTH LINE OF TRACT "A" THENCE S89°32'32''E ALONG SAID SOUTH RIGHT OF WAY LINE A LEAVING SAID sOUTH RIGHT OF WAY DISTANCE OF 590.31 FEET THENCE TO A POINT ON THE NORTH LINE S00°20'32'W A DISTANCE OF 299.50 FEET LINE OF A DRAINAGE EASEMENT THENCE ALONG SAID EASEMENT N89°34' 57"W A DISTANCE OF 590.70 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF DORAL CIRCLE THENCE N00°24'58''E ALONG SAID RIGHT OF WAY A DISTANCE OF 299.84 FEET TO THE POINT OF BEGINNING OF SAID HEREIN DESCRIBED PARCEL CONTAINING 4.06 ACRES MORE OR LESS. CONDITIONS OF APPROVAL (RZ-03-AR-4080) a) The permitted uses on the subject property are limited to church and associated accessory uses. b) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. c) Access to the site shall not be allowed from Doral Circle. d) A Type D buffer will be placed along the eastern boundary of the site to protect the single-family neighborhood to the east. e) No daycare operation is permitted on this site. '. EXHIBIT "B" 17A December 18, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: RZ-2003-AR-4080 Dear Georgia: Please advertise the above referenced notice on Sunday, December 28, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O./Account # 113-138312-649110 I?A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 13, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0619N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTHEAST CORNER OF RATTLESNAKE-HAMMOCK ROAD CR-864 AND DORAL CIRCLE IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM ~GC" GOLF COURSE TO ~CF" COMMUNITY FACILITY FOR A CHURCH; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. RZ-2003-AR-80, Jeremy Sterk, of Hoover Planning & Development, Inc., representing Lannar Partners, Inc., requesting a rezone from "GC" Golf Course to "CF" Community Facility for a church with a maximum of 513 seats. The subject site is located on the southeast corner of Rattlesnake-Hammock Road and Doral Circle, in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.06 +/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presenta ons before e Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts Collier CLERK OF THE CIRCUIT COURT COLLmR COUNTY CouRTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413O44 NAPLES, FLORIDA 34101-3044 Clerk 'of Courts Accountant Auditor Custodian of County Funds December 18, 2003 Jeremy Sterk Hoover Planning 3785 Airport Road, N. Suite B-1 Naples, FL 34105 Re: Notice of Public Hearing to consider Petition RZ-2003-AR-4080 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 28, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk, collier, fl.us Fax- (239) 775-2755 Email- collierclerk~elerk, collier, fl.us Dwight E. Brock Clerk of Courts otEolher CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk Of Courts Accountant Auditor Custodian of County Funds December 18, 2003 Lenar Partners, Inc. 1601 Washington Avenue Suite 700 Miami Beach, FL 33139 Re: Notice of Public Hearing to consider Petition RZ-2003-AR-4080 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 28, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, DeputZ Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk, collier.fl.us Fax- (239) 775-2755 Email- collierclerk@,clerk, collier.fl.us Patricia L. Morgan To: Subject: Georgia (E-mail) Advertising - RZ-2003-AR-4080 Hibiscus Church ~i ~eorgia, ®lease run the attacheaC ad on Sunday, (Decem6er 28, 2003. cF[ian~ you, ~linutes e~ ~ecorcfs RZ-2003-AR-4080. doc RZ-2003-AR-4080. doc Patricia L. Morgan From: Sent: To: Subject: postmaster@clerk.collier.fi.us Thursday, December 18, 2003 10:40 AM Patricia L. Morgan Delivery Status Notification (Relay) A-1-1-63293.txt Advertising - ~Z-2003-AR-4080 .. 'Tl~ts is an automatica££y generateaC(De£ivery Status ~hrotification. of our message has geen success, fuF~y reFayed to the foFFowing recipients, gut the requestecF aCe£ivery status notifications may not ge generatecF 6y the destination. FegaFs & napFesnews, corn Patricia L. Mor~lan From: Sent: To: Subject: 17A System Administrator [postmaster@naplesnews.com] Thursday, December 18, 2003 10:29 AM Patricia L. Morgan Delivered: Advertising - RZ-2003-AR-4080 Hibiscus Church Advertising - ~Z.-2003-AR-4080 .. < <a~aCvertising - q~72-2003-j~q(-4080 ~igiscus Church>> °Four message qb: ~eorgia (qS-mai0 Subject: j~c[vertising - q(g-2003-j~-4080 Yfi6iscus Church Sent: Clhu, I8 (Dec 2003 10:39:33 -0500 was aCe[ivereaC to tfte fo[[owing recipient(s): [e~ia[s on Clhu, 18 (Dec 2003 10:28:38 -0500 Advertising - RZ-2003-AR-4080 Hibiscus Church Page 1 of 1 Patricia L. Morgan From: legals [legals@naplesnews.com] Sent: Thursday, December 18, 2003 1:19 PM To: Patricia L. Morgan Subject: RE: Advertising - RZ-2003-AR-4080 Hibiscus Church RCVD to run dec. 28 happy holidays georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia.rvlorgan@clerk.collier.fl.us] Sent: Thursday, December 18, 2003 10:40 AM To: Georgia (E-mail) Subject: Advertising - RZ-2003-AR-4080 Hibiscus Church qeoroia, ®[ease run the attachedadon Sunday, CDecember 28, 2003. cI[ia n~you, 5¢tinutes e~ q~cords <<RZ-2OO3-AR-4OSO. doc>> <<RZ-2OO3-AR-4080. doc>> 12/18/2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on December 28th, 2003. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor. promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Sign"a~re of affiant) Sworn to and subscribed before me This 30th day of December, 2003 ,:~?[.~ ~.~.~,, Harrietl Bushong ~,~..' '' '.~o'~ ~,: :,:_ MY COMMISSION ~ DD234689 EXPIRES ~:. ~ Ju~ 24, 2007 ~ BONDED THRU TROY FAIN INSURANCe, RZ-2003-AR-~0 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given that on TUESDAY, JANU- ARY 13, 2004, In the Boardroom, 3rd Floor, Adminllt~l~ Building, Collier CoUnty GOvern- ment Center, 3301 East Tamlarhl TraIL Naples~ Florida, the Board or County Commleeloners will consider the enact- meet of a County Ordi- nance. The ~ will commence at g:o0 A.M. The title of the Pro- Dosed Ordinance Is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, COL LIER COUNTY~ FLORIDA AMENDING ORDINANCI NUMBER 9]-102, THI COLLIER COUNTY LANI DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPO- RATED AREA OF COLLIER COUNTY. FLORIDA, BY AMENDING THE OFFI- CIAL 'ZONING ATLAS BMCPc NUM,ERED 0619N B ;tI~NGII~I THE ZON- ll~ CLASSIRCATION OF H E HEREIN DESCRIBED i ROPERT~ LOCATED THE SOUTHEAST COR-I NER OF RATTLESNAKE*I HAMMOCK ROAD CR-8641 AND DORAL CIRCLE SECTION 19, TBWNSHIP_I $0 SOUTH, RANGE 2el EAST,' COLLIER COUNTY J FLORIDA, FROM "GC"'I GOLF COURSE TO "CF" COMMUNITY FACILITYI FOR A CHURCH: PROVID- ING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFEC- TIVE DATE. , Petition No, RZ-2OO3-AR-J 80, Jemm~ Stedr. of Hoo- ve~ PlannT/ne & i~evel_o~J ment, I~c.,-representing ~ Partner, Inc., re- auestlng & rezone from l ~GC' Golf Course "C~ CO .mmunlty Fec ItYl for a church with al maximum of S13 seats.] Thp. subject site is Iocat-I eo on the southeast corner of Rattlesnake- Hammock. Road andl Doral CirCle In sectlOnl 19, TownshtP E0 South, Range 16'East, Coltler~ County. Florida, consls-[ fine of'4.M +/- acres; Copies ~f the prOpoL~J Ordinance areon Tile with the Clerk to the Board and are avallable l for ~_~_. All Inter- elted ~ ere Invltadl to attend and.be heard. J NOTE All persons wish- lng to speak on any agenda Item must regls- te.r with the Coudty ad- mlnlstratorprlor to pre-I sentatlon, of the agenda Item to be addressed. Ldietd. u. al ~peekers w limited to $ minutes on any Item. The ~ielec. tlon of an Individual roi speak on behalf of an organization or group Is! etlco,u.raged. If r. ecog-I mzea by the Chairman, I a spokesperson for a group or organlzatlonl may ~e allotted [0 min- utes to speak on anl Persons wishing to have wrl.tten Or graphic ma- terials n¢luded In the Board agenda packets must submit said ma- terial a minimum of 3 week.s prior to the re- spectlve public, hearine. In any ca~e, written terlals Intended to be considered by the Board shell be submitted to the appro, p. riate County staff a minimum of sev- en days prior to the public nearing. All ma- terial used In presenta- tions before the Board will become a perma- nent part of the record. Any Person who decides to appeal a decision c the Bbard will need a r~ cord of the proceeding ~lertalntng thereto an herefore may need t ensure'that a verbnt r record of the proeeee legs Is made, which re cord Includes the testi mony and evidence upon which the appeal Is based. : BOARD OF COUNTY COMMISSIONERS ~ COLLIER COUNTY. FLORIDA TOM HENNIN~, CHAIR- MAN OWIG.T E. BRO¢~. CLERK By: /s/Patrlcla L. Mor- gan, Oeputy Cler~ (SEAL) Dec. 28 No. 4~2~3Sg ORDINANCE NO. 04 _0 2 AN ORDINANCE OF THE BORAD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0619N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTHEAST CORNER OF RATTLESNAKE- HAMMOCK ROAD CR-864 AND DORAL CIRCLE IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "GC" GOLF COURSE TO "CF" COMMUNITY FACILITY FOR A CHURCH; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Jeremy Sterk of Hoover Planning, representing Lennar Partners, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 19, Township 50 South, Range 26 East, Collier County, Florida, is changed from "GC" Golf Course to "CF" Community Facility and the Official Zoning Atlas Map numbered 0619N, as described in Ordinance 91-102, the Collier County Land Development Code, is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions on Exhibit "B": SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. AR-2003-RZ-4080 1 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 1 344~ day of~LDdgll~, 2004. BOARD OF C~}UNTY CpMMISSIONERS COLLIER_~T~F~RIDA . ATTEST: DWIGHT E.., Marjori~. Student Assistant County Attorney RZ-2003-AR-4080/RM/sp AR-2003-RZ-4080 2 LEGAL DESCRIPTION BEGINNING AT THE NORTHWEST CORNER OF TRACT "A" LELY GOLF ESTATES TRACT MAP AS RECORDED IN PLAT BOOK 8 PAGE 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA ALSO BEING A POINT ON THE SOUTH RIGHT OF WAY OF S.R. S-864 AND THE NORTH LINE OF TRACT "A" THENCE S89°32'32"E ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 590.31 FEET THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE S00°20'32"W A DISTANCE OF 299.50 FEET TO A POINT ON THE NORTH LINE OF A DRAINAGE EASEMENT THENCE ALONG SAID EASEMENT N89°34'57"W A DISTANCE OF 590.70 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF DORAL CIRCLE THENCE N00°24'58"E ALONG SAID RIGHT OF WAY A DISTANCE OF 299.84 FEET TO THE POINT OF BEGINNING OF SAID HEREIN DESCRIBED PARCEL CONTAINING 4.06 ACRES MORE OR LESS. AR-2003-RZ-4080 CONDITIONS OF APPROVAL (RZ-03-AR-4080) a) b) c) d) The permitted uses on the subject property are limited to church and associated accessory uses. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Access to the site shall not be allowed from Doral Circle. A Type D buffer will be placed along the eastern boundary of the site to protect the single-family neighborhood to the east. e) No daycare operation is permitted on this site. EXHIBIT "B" AR-2003-RZ-4080 STATE OF FLORIDA) COUNTY OF COLLIER) 17A I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoin9 is a true and correct copy of: ORDINANCE 2004-02 Which was adopted by the Board of County Commissioners on the 13th day of January, 2004, durin9 Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of January, 2004. DWIGHT E. BROCK Clerk of Courts Ex-officio to ounty Commz sS ~.o~ers Deputy RESOLUTION NO. 2004- 0 4 A RESOLUTION OF THE COLLIER COUNTY BOARD OF ZONING APPEALS PROVIDING FOR THE CONFIRMATION OF THE PRIOR ESTABLISHMENT OF CONDITIONAL USE "1" IN "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TOGETHER WITH THE MODIFICATION OF THE STIPULATIONS GOVERNING THE OPERATION OF THE EARTHMINING FACILITY LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA. 12'8 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, as amended) 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, on September 22, 1998, the Board of Zoning Appeals of Collier County, Florida, approved Resolution Number 98-395 which established an earthmining facility conditional use (Conditional Use "1" of Section 2.2.2.3 in Rural Agricultural "A" Zone of the Land Development Code); and WHEREAS, Paragraph "b" of Exhibit "D" of said Resolution provides as follows: The conditional use approval shall be reviewed at the end of five years to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the following standards in their review and, in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. WHEREAS, Resolution Number 98-395, as recorded, remains in full force and effect; and WHEREAS, the Board of Zoning Appeals has conducted the review of the earthmining activity as required by the Resolution; 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. CUR-2003-AR-3776 1-2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, CUR-2003-AR-3776, filed by Jeff L. Davidson, DAVIDSON ENGINEERING, INC., representing, Joseph D. Bonness of Southern Sand and Stone, Inc., with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be hereby confirmed as Conditional Use "1" of LDC Section 2.2.2.3 of the "A" Zoning District for earthmining and be permitted to continue operations as stipulated herein in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "E" which is attached hereto and incorporated by reference herein. 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 ATTEST: DWIGHT t5, BROCK, CLERK A~gved as to-Fo~ and Legal Sufficiency: Assistant County Attorney day of ~~. ~,_7,~ ,2004. BOARD OF ZONING APPEALS COLLIER~~q~.~ ~COUNTY' FLORID.A (iha irma n~ CUR-2003-AR-3776 2-2 RESOLUTION 98- 395 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF EARTH MINING CONDITIONAL USE."i~' IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE28 EAST, COLLIER COUNTY, FLORIDA. SEP 2 2 199 178 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 busine'sS 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 inclu'des a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the ~ou.nty, 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 2.2.2.3 in an "A" Zone for earth mining 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 asse~led and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1- The petition filed by Jeff L. Davidson 9f Davids6n' Engineering, Inc., representing Joseph D. Bonness for Southern'Sand and Stone, Inc., with respect to the, property hereinafter des,cr.ibed, as: Exhibit "B" which is attached hereto and, incorporated by reference herein be and the same is hereby approved for Conditional Use "1" of Sectiom 2.2.2.3 of the "A" Zoning District for earth mining in accordance with the Conceptual Master'Plan (Exhibit "C") and Subject to the SEP 2 2 1998 17£ following conditions: Exhibit "D" which is attached hereto and inco~pora~ed by reference herein. 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 ~.2_ day of _~ , 1998. ATTEST: ' .' DWIGHT E. BROCK, Clerk Attest as to Ch'a.f~a~"s .Signature on]~. '.. '~proved as to Form and Legal. Sufficiehcy:. Marj ~ie M. Assistant County Attorney f/CU-98-12 RESOLUTIOt~ BOARD OF ZONING, APPEALS COLLIER COUNTY, FLORIDA BAR~RA 'B: B~.RRY,~ ChalkNma~ -2- SEP 2 2 1991 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-12 The following facts are found: Section 2.2.2.3.1 of the Land Development code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other 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 oh the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval . DATE: CHAIRMAN: ~/CU-98-~.:1 ~'Ila~Zl, a3 O~ FACT EXHIBIT "A" SEP ~ 2 Legal Description Section 16, Township 48 South, Range 28 East, less the south 50 feet Road ROW., Collier County, Florida. ~ EXHIBIT "B" AGREEMENT I, Jeff L. Davidson, as authorized agent for Petition CU-95-12, agree to the following stipulations r, equested by the Collier County pi,arming' Commi'ssion in their public hearing on September 3, 1998. ~ Planning Services: ' be The current Plan~ing 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 pan 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).. ? The conditional use approval shall be reviewed at the end of five years to determine whether additional stipulations or mitigation are necessary to inst, compatibility with other properties in the area and to assure public health, safety and welfare 'is adequately addressed. Development Services staffwill use the following standards in their review and, in the event of the' 'inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals. using the Land Development Code proeedural requirement for appeals. Th~ standards for review are: At least six months prior to the fifth anniversary of the Board of Zoning Appeals approvals, applicant shall submit a noise study acceptable to Development Services staff to 'determine Whether additional berming, landscape or buffers are necessary to insure compatibility with adjacent residential structures. At least six months prior to the fifth anniversary of this approval, applicant will submit to Development Services a Traffic Study conducted in a manner approved by County Transportation Department that assesses the level of service on County Road gSg, the project's impact on County Road 858, and any mitigation needed to address this project's impacts on automotive and pedestrian safety along the section of County Road 858 from the project entrance on CR 858 to the intersection of CR 858 and CR 846. Additional mitigative measures that .may be required include: EXHIBIT "D"' 1 1998 (a) Cc,) Project contribution (on a proportiohal share basis) to add . signalization or turn lanes for other public roads or for institutional uses accesses on County Road 858 west of the project, Limitation 0fthe number of haul trips from the project.to a'maximum of 175 per 24-hour puriod. , ' (c) (d) (e) Changes in days or hours of Operation but no less than 60 hours of operation per Week (Stipulation I) to less~n project traffic inteffae.~ with school or other traffic on CR 858 Or other impacted' County roads. Contribution of its proportionate sham costs for any additional sideWalks n~ded in the vicinity of any institutional uses located on County Road 858. Mitigation of abnormal wear or tear caused by this project's use of County Road 858 west of its entrance that are not addressed by the payment of impact f~s. Development Services Department may require additional studies or reports to demofistrate that there are no adverse environmental impacts, resulting from operations of Winchester Lakes. The petitioner shall remove all exotic vegetation on site as listed in the LDC 3.9.6.4.1 prior to any excavation activities on site. Subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. Turn lanes shall be required, both eastbisund and westbound, on CR 858 at the project entrance. The petitioner shall be responsible for the maintenance of the mm lanes'for the life of the project. Failure to properly maintain the pavement shoulders, signage, and pavement markings shall be cause for revocation of the CU permit. A condition survey of CR 858 from its intersection with CR 846 shall be performed by the Road and Bridge Section prior to the start of any activity on this site. The results of that survey shall be used as a baseline for future maintenance of the roadway. The petitioner shall post a maintenance bond in the amount of $100,000.00 for the life of the project. This bond shall be used for the maintenance of CR 858 damages EXHIBIT "D" 2 1 above normal wear and tear caused by this prOject. SEP 2 2 A :traffic muting plan shall be submitted to the County for review and approval prior to the start of any earth miffing activity on the site. A copy of this plan shall be forwarded to the Collier County Board of Public Schools. Hours of operation shall be 7 a.m. to 7 p.m. Monday through Friday; no excavation or hauling operation shall be allowed on Saturday or Sunday, except in in-_~tances where contracts for "public" jobs dictate otherwise. Any blasting shall require a permit from Planning Services and shall comply with Collier County'Blasting Ordinance. The appliCants s~hall install a berm not less than six feet in height along the proPerty lines adjacent to the Estates zoned properties as each please is i~itiated. The excavation shall be limited to a loWest, possible bottom elevation of 25 feet below existing grade unless a permit modification is applied for thr°Ugh the EAB and the BCC and shall be no shallower than. 10 feet below existing gr-de. State of Florida County of Collier Prior to any site jrnprovement proposed in relation to this excavation or clearing, the owner shall conthct the USACOE and SFWMD to determine if wetland permitting is needed. If so, all agency permits shall be obtained, prior to the commencement of any site improvements. P~)61~II~R'~R AGENT ~I~e ,foregoing Agreement Sheet was acknowledged before..me' this .. I"'/ day of SF_P'r6.t~e,~'~, 1998, by :3-e.r-~e.e~' L. b~, b~,o ~3, who is personally known to me or who has produced laL b~U~_~ Li.e.E~C~as identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC Commission # CC (~'7 (~ ~'"/~ My Commission Expires: c~ _~ _ C)J EXHIBIT "D" 3 State of Florida County of Collier 178 REPRESENTATIVE FOR CCPC' The foregoing produced 5EP ?. Agreement Sheet was acknowledged before' :me this ./97~' day of' 1998, by//] ;C)-~ael ~a°'~6 , who is~ personally known Lo me or who has as identification and who did (did not) take'an oath. NOTARY PUBLIC' Commission # My Commission Expires:' 2 EXHIBIT "D" 4 SUPPLEMENTAL, COI~ll)ITIONS CUR-2003-AR-3776 , RESOLUTION 98-395 Item Co) CU-98-12 shall be amended to require a re-reviewed on a 5-year cycle from the anniversary date of its approval until the earth mining ,o. peration is completed, ' Item (g) CU-98-12 shall be amended to require a $500,000.00 maintenance bond shall be maintained for the life of this project,' , Item (k) CU-98-12 shall be amended to require a berm to be installed and maintained of not less than ten feet in height along the property lines adjacent to the Estates zoned prOperties, These modifications shall be incorporated within the original Conditions 'of Approval attached to CU-98-12, and shall be make,part of the official record. -- EXHIBIT "E" COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: I~' ~ t~ Normal legal Advertisement (Display Adv., location, etc.) [] Other: Originating DepV Div: Comm. Dcv. Serv./Planning ~Person: Rick Grigg 2800 North Horseshoe Dr. [~--, ct~.. ~:t,~.~Naples, Fl. 34104 (239) 659 - 5731 'A' Put name & phone number in advertisement. Date: November20, 2003 Petition No. (If none, give brief description): AVPLAT2003-AR4700 (RIVERCHASE SHOPPING CENTER CUE) Petitioner: (Name & Address): Germain Real Estate Company, LLC 13315 Tamiami Trail North Naples, Fl 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) i) Dominick J. Amico, P.E. c/o Agnoli Barber & Bnmdage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, Fl 34108 (Agent) 2) See list of abutting owners. Hearing before ~ ~ I~' BCC BZA Other Requested Hearing date: JANUARY 13, 2004 Newspaper(s) to be used: (Complete only if important): ~ b~' I~ Naples Daily News Other I~' I~' I~ Legally Required Proposed Text: (Include legal description & common location & Size: PETITION AVPLAT2003-AR4700 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE COUNTY UTILITY EASEMENT LOCATED IN TRACT "D", ACCORDING TO THE PLAT OF "RIVERCHASE SHOPPING CENTER" AS RECORDED IN PLAT BOOK 18, PAGES 19 THROUGH 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? I~' t~' I~ Yes For Advertising costs, charge to: P.O. 912501 For Recording costs, charge to: 113-138320-649030 Department Director Dale 't [] No If Yes, what account should be charged for advertising costs: Approved by: County Administrator Date List Attachments: 1) RESOLUTION WITH EXHIBIT "A" 2) SEE LIST OF ADJACENT OWNERS DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: I~ I~ I~ County Manager agenda file: I~ I~ I~ Requesting Division I~ I~ I~ Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. Date Recei ed: I i 1'~1.~) ~ Date of Public hearing: Ii'~}0~ Date ^dvertised: i '~'t 3t J 03 RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2003-AR4700 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE COUNTY UTILITY EASEMENT LOCATED IN TRACT "D", ACCORDING TO THE PLAT OF "RIVERCHASE SHOPPING CENTER" AS RECORDED IN PLAT BOOK 18, PAGES 19 THROUGH 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Dominick J. Amico, P.E., from Agnoli, Barber & Brundage, Inc., as agent for the petitioner, Germain Real Estate Company, LLC, does hereby request the vacation of a portion of the 15 foot wide County Utility Easement located in Tract "D", according to the plat of "Riverchase Shopping Center" as recorded in Plat Book 18, Pages 19 through 20, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 15 foot wide County Utility Easement located in Tract "D", according to the plat of "Riverchase Shopping Center," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 15 foot wide County Utility Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 Of 2 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. day of ,2004, DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Chairman Approved as to form and legal sufficiency: Je~h'~fer A. Bel~o~,~.'o, Esq., Assistant County"~ttorney Page 2 Of 2 EXHIBIT "A" SHEET 1 OF 2 AVPLAT2003 -AR4700 :~: $ I I I I I I I I I I 9~'// EXHIBIT "A" SHEET 2 OF 2 AVPLAT2003-AR4700 Map Output 1 ~' C ~'~ Pag¢lofl CCPA GIS - HTML Ma Details Folio No. II 69587500307 Current Ownership Property Addressll 592600 TAMIAMI TRL N I?C Page 1 of 1 Owner Namell GERMAIN REAL ESTATE CO LLC Addressesll 13315 TAMIAMI TRL N c,tyll NAPLES II Legall[ Statell FL II I zipl134.0.6338 I RIVERCHASE SHOPPING CENTER TRACT "C" I Section]1Township II Range I1 Acres L 22 II48 II 25 II 0.95 JlRIVERCHASE SHOPPING CENTER VACANT COMMERCIAL II Map No. IIStrap,o.I II 3A22 II 592600 c 13A22 I 2003 Preliminary Tax Roll Values (Subject to change) [ Land Value II $ 827,640.00,,, I(+) Improved Value II , o.oo I (=) Market Value II ,6~,640.00 I (') SO, Exempt Value II $ o.oo I (=) Assessed Value II $ 827,640.00 I (') Homestead and other Exempt Value II $ 0.00 J (=) Taxable Value Il $ 827,640.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History IDate II Book-Page II Amount I I 05 / 2003 II 3290.3091 II $ 995,000.00 I I 0.8 / 2000 II 2714. 4989 II $ 975,000.00I I 08/4999 II 2580-3432 II * 3,564'0°°'°° I I 03/1999 Il 2524-1838 Il $ 3,500,000.00 I The information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FolioID=0000069587500307 10/22/2003 Details I ~o,o No.II 89so?s03126 II Current Ownership Property Addressll NO SITE ADDRESS Page 1 of 1 Owner Namell COCONUT PROPERTIES LTD Addressesll 4901 TAMIAMI TRL N cityll NAP'ES II Statell FL II zipl134103-30~0 I Legal RIVERCHASE SHOPPING CENTER FIRST ADDITION TRACT J I Sec,o. II T ow.sh,p Il I 22 II40 II Range II Acres II Ma..o. II Strap No. I es I1 o II 3A22 118928°s ~ ~3A22 I 2003 Prefiminary Tax Roll Values (Subject to change) Land Value II (+) Improved Value II 1=) Market Value (-) SOH Exempt Value (=) Assessed Value II (-) Homestead and other Exempt Value (=) Taxable Value $1oo.ooll Date IL $ o.oo II 08,1999 II $100.00 I $ o.oo { $100.00 I $ 0.00 [ $100.00 [ SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. Latest Sales History .ook-,ageI Amount 2~8o-3432Il $ 3,584,000.00 http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000069587503126 10/22/2003 Details Page 1 of 1 Folio NC.II 69587500200 Owner Namell MALOS CORP Current Ownership Property Addressll 11280 TAMIAMI TRL N 17P. Addresses I DBA WATERMARK GRILLE 1 11280 TAMIAMI TRL N cityll NAPLES II Statel[ FL 11 zipl134110-1622 Legal I RIVERCHASE SHOPPING CENTER TRACT "B" Section tl Township II Range II Acres 22 II 4S II 25 II 1.01 Use Code II 21 IIRIVERCHASE SHOPPING CENTER IMPROVED COMMERCIAL I[ Map No. ]l Strap No. I[ 3A22 ]l 592600 B 13A22 ] 2003 Preliminary Tax Roll Values (Subject to change) I Land Value II $ 660,780.00 l(+) Improved Value II $ 473,177.00 I (=) Market Value II $1,133,957.00 I<') SOH Exempt Value II $ 0.00 J (=) Assessed Value II $1,133,957.00 I (-) Homestead and other Exempt Value II $ 0.00 I (=) Taxable Value II $1,133,957.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History The Information is Updated Weekly. 07/1997 II 2331 - 2515 II $ 705,000.00 I http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000069587500200 10/22/2003 Details Folio No. II 69587500404 Current Ownership Page 1 of 1 II Property Addressll g99 ,MMOKALEE RD Owner Namell RIVERCHASE & COURTHOUSE AddresseslJ SHADOWS PROPERTIES LTD 4901 TAMIAMI TRL N cavil .AP,ESII statell FL II z'Pll 34103- 30~0 Legal][ RIVERCHASE SHOPPING CENTER I[~~ I[~ /I 4'29"w ~FTTO POB, THENCE II*For more than four lines of Legal Description please call the Property Appraiser's Office. [ Section 11 Township II Range II Acres II Map No. I 22 II 46 II 25 II a2.a II 3A22 Sub No. Use Code II 46 Strap No. II 592600 D a3A22 II ~ Millage 2003 Preliminary Tax Roll Values (Subject to change) I Land Value II $ 4'130'733'00 I I (+) Improved Value II, $ 4,144,934.00 I (=) Market Value II $ 8,275,667.00 I(') soilExempt Value II $ o.oo I (=) Assessed Value II ,8,275,667.00 I{') Homestead and other Exempt Value Il $ 0.0o J I(=) Taxable Value II SOH = "Save Our Homes" exempt value due to cap on assessment increases. $ 8,275,667.00 J The Information is Updated Weekly. Latest Sales History Book-Page II Amount 2560-~435 L ~ 21,609,700.00 http://www.collierappraiser, com/RecordDetail.asp?FolioID=0000069587500404 10/22/2003 ?C November 25, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVPLAT2003-AR4700 (Riverchase Shopping Center Cue) Dear Georgia: Please advertise the above referenced notice on Sunday, December 21, 2003, and again on Sunday, December 28, 2003, and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn Deputy Clerk P.O./Account # 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 13, 2004, 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 TO CONSIDER PETITION AVPLAT 2003-AR4700 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE COUNTY UTILITY EASEMENT LOCATED IN TRACT "D", ACCORDING TO THE PLAT OF "RIVERCHASE SHOPPING CENTER" AS RECORDED IN PLAT BOOK 18, PAGES 19 THROUGH 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST. NOTE~ Ail Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Any questions or concerns should be directed to Rick Grigg, Collier County Community Development/Planning Services Section at (239) 659-5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts " o t y .0fe6nier 1 7 C CLERK OF THE CIRCUIT COURT COLLIER COUNTY t2OURTI~_ousE 3301 TAMIAMI TRAIL EAST P.O. BOX 4~044 '~ NAPI~ES, mOreA %4, ~0~-3m Clerk ~)f Courts Accountant Auditor Custodian of County Funds November 25, 2003 Dominick J. Amico, P.E. Agnoli Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4700; Riverchase Shopping Center Cue Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 21, 2003, and again on Sunday, December 28, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej~'O'd' Deputy Clerk Enclosure Phone- (239) 732-2646 Website-www.clerk. collier.fl.us Fax- (239) 775-2755 Email- collierclerk~clerk.collier.fl.us Dwight E. Brock Clerk of Courts "Coup.. tY ; ofCOllier 1 CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTFIoUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 3~101-3044 Clerk ~f Courts Accountant Auditor Custodian of County Funds November 25, 2003 Germain Real Estate Company, LLC 13315 Tamiami Trail North Naples, FL 34110 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4700; Riverchase Shopping Center Cue Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 21, 2003, and again on Sunday, December 28, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Deputy Clerk Enclosure Phone-(239)732-2646 Website-www.derk.collier.fl. us Fax-(239) 775-2755 Em~l-collierclerk(~_,cler~colHer.fl. us Dwight E. Brock Clerk of Courts C0Uier COU r CLERK OF CIRCUIT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL E.~$T P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk 0f Courts Accountant Auditor Custodian of County Funds November 25, 2003 Coconut Properties LTD 4901 Tamiami Trail North Naples, FL 34103 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4700; Riverchase Shopping Center Cue Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 21, 2003, and again on Sunday, December 28, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk, collier.fl.us Fax- (239) 775-2755 Email- collierclerk~clerk.collier.fl.us Dwight E. Brock Clerk of Courts CLERK OF ' coum P.O. BOX 4~ N~LES, ~O~A $~101-3~ Clerk bf Courts Accountant Auditor Custodian of County Funds November 25, 2003 Malos Corp DBA Watermark Grille 11280 Tamiami Trail North Naples, FL 34110 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4700; Riverchase Shopping Center Cue Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 21, 2003, and again on Sunday, December 28, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej Deputy Clerk Enclosure Phone- (239) 732-2646 Website-www.clerk. collier.fl.us Fax- (239) 775-2755 Email- collierclerk~clerk, collier, fl.us Dwight E. Brock Clerk of Courts -:, ourjtgl of-Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTFIOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 4~044 NAPLES, FLORIDA 34101-3044 Clerk 'of Courts Accountant Auditor Custodian of County Funds November 25, 2003 Riverchase & Courthouse Shadows Properties LTD 4901 Tamiami Trail North Naples, FL 34103 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4700; Riverchase Shopping Center Cue Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 21, 2003, and again on Sunday, December 28, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Deputy Clerk Enclosure Phone-(239)732-2646 Website-www.clerk. comer.fl.us Fax-(239) 775-2755 Em~l-colHerclerk@~clerk. collier.fl.us Ann P. Jenneiohn To: Subject: Georgia (E-mail) AVPLAT2003-AR4700 l?C Good Morning Georgia! Could you please advertise the attached on Sunday, December 2 I st December 28th, 2003. Thankyou, Happy Thanksgiving Ail n AYPL~T2003-AR47 ~VPI_Kr2003-AR47 O0.doc O0.doc Minutes & Records & again on Sunday Ann P. Jenne'ohn From: Sent: To: Subject: postmaster@clerk.collier.fl .us Tuesday, November 25, 2003 10:31 AM Ann P. Jennejohn Delivery Status Notification (Relay) ATI781397.txt AVPLAT2003-AR47 00 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com Ann P. Jenneiohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, November 25, 2003 10:21 AM Ann P. Jennejohn Delivered: AVPLAT2003-AR4700 AVPLAT2003-AR47 00 <<AVPLAT2003-AR4700>> Your message To: Georgia (E-mail) Subject: AVPLAT2003-AR4700 Sent: Tue, 25 Nov 2003 10:31:01 -0500 was delivered to the following recipient(s): legals on Tue, 25 Nov 2003 10:21:09 -0500 AVPLAT2003-AR4700 Ann P. Jennejohn Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Tuesday, November 25, 2003 1:38 PM To: Ann P. Jennejohn Subject: RE: AVPLAT2003-AR4700 rcvd to run dec. 21,28 georgia HAPPY THANKSGIVING ..... Original Message ..... From: Ann P..]ennejohn [mailto:Ann.3ennejohn@clerk.collier.fl.us] Sent: Tuesday, November 25, 2003 10:31 AM To: Georgia (E-mail) Subject: AVPLAT2003-AR4700 Good Morning Georgia! Could you please advertise the attached on Sunday, December 21 st & again on Sunday December 28th, 2003. Thank you, Happy Thanksgiving Ann Minutes & Records <<AVPLAT2003-AR4700. doc>> <<AVPLAT2003-AR4700. doc>> 11/25/2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper 2 time in the issue on December 21st and 28th, 2003. Affiant further says that the said Naples Daily Ne~vs is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor. promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signafil'fe of affiant) Sworn to and subscribed before me This 29th day of December, 2003 (Signature-of notary public) e~ ~?.?v~.?.. Harriett Bushong _%: :.-_ MY COMMISSION # DD23,1689 EXPIRES ~:~,,..,,.,.,:;,,,,, July 24, 2007 "''"°' B,?'ND[g )'HR': leO' ~THN It,~gLI~ANC~, INC NOTICE OF PUBLIC HEARING ~ ~'Notlce is hereby giv~ .that the Beam ~ Commissioners of' Col- qier county will hold a .P_ubllc hearlngon Tues. day, Janua~/J3, 2004~ in ~/che Boarar. op.m, fi, rc ~FIoor, Admmlstr&tmr luUdlng, Collier Coynty ~overnment CenTer, ~3301 East TBmi~ld Trail, ~Naples, Flor~,da. . The "meeting will begin ~t ~.'00 A.M. ~.~fHE BOARD TO CONSID- eR pETITION AVPLAT -2003-.AR4700 TO: DIS- H~LAIId, RENOUNCE AND ~,VACATE THE COUNTY'S .dI~ND TH~ PUBLIC'S : ~TEREST IN A ~ON OF nTHE ~$ FOOT WIDE ,,COUNTY UTILITY EASE- :,MENT.LOCATED IN :uTRACT~ D", ACCORDING ~IICHASE SHOPPlN~ GE:N- TER" AS ~ECO~ IN '. ?t. AT eifo~)~.P..A .q~q_ '~¢OUNTY-FLGRIDA. CATED' IN SEGTJON 22. ToWNStlIP 48 SOUTH, .=~ANGE 25 ~, ~ wish- any may utes i~m. terh of 3i re-I used ~ oresenta-i before the Board[ become a perma- ~ ofthe record. ~y Pel~q.n who decides ~ anPeal a decision of ~ ~6ard will need a re =rd of the proce, edlng efta[ninE thereto an leretora, may Reed t nsure that a verbati~ ecor.d of the procee¢ ~gs. I.s m, adB, which ri :Ora iilclud.e, s the test nony .a.na evldenc L~3e~Dlch the appe, AnY qqestlons or con. to Rick Grlgg~ ua Co{~ntY commu, nlty ,De' velopment/plannm~ services section at (239 6Sg-sT31, 'BOARD OF coUNTY' cOMMISSIONEItS COLLIER couNTY, FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK, CLERK By: /s/An.n lennejohn, i DtR;. ~, 2:8 No_. 39702____~2 RESOLUTION NO. 2004- 3329306 OR: 3484 PG: 0158 R~CORD~D In OffiCIAL ~CO~S of COLlieR COUN?T, rL 01/14/2004 ~t 02:33~# D~I~ff B. BROCg, CL~R[ ~C ~! I9.50 tOO 7240 05 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2003-AR4700 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE COUNTY UTILITY EASEMENT LOCATED IN TRACT "D", ACCORDING TO THE PLAT OF "RIVERCHASE SHOPPING CENTER" AS RECORDED IN PLAT BOOK 18, PAGES 19 THROUGH 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Dominick J. Amico, P.E., from Agnoli, Barber & Brundage, Inc., as agent for the petitioner, Germain Real Estate Company, LLC, does hereby request the vacation of a portion of the 15 foot wide County Utility Easement located in Tract "D", according to the plat of "Riverchase Shopping Center" as recorded in Plat Book 18, Pages 19 through 20, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 15 foot wide County Utility Easement located in Tract "D", according to the plat of "Riverchase Shopping Center," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 15 foot wide County Utility Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page l Of 2 OR: 3484 PO: 015 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. day o f~~~-~,./ ,2004, ATTEST: DWIGHT E. BROCK, Clerk ,,., '~,~,~" . -~eputy~lerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~-L.~~ Chairman Approved as to form and legal sufficiency: Jennifer A. Belke~.'o, Esq., Assistant County'A'ttorney Page 2 Of 2 OR: 3484 PG: 0160 l?c ' '- x EXHIBIT "A" SHEET I OF 2 AVPLAT2003-AR4700 ~ ~5~5 OR: 3484 PG' 0161 *** EXHIBIT "A" SHEET 2 OF 2 AVPLAT2003-AR4700 lcd L~ Maureen A. Kenyon From: Sent: To: Subject: Maureen A. Kenyon Wednesday, January 14, 2004 8:14 AM Alden, Susan RE: RESOLUTION you can pick up the resolution anytime. We just received it in our office. ..... original Message ..... From: Alden, Susan Sent: Wednesday, January 14, 2004 7:15 AM To: Maureen A. Kenyon Cc: Combs, Lee; Langhorn, Julia Subject: RE: RESOLUTION Yes, I advertised. I'll bring you the affidavit and the PO for the ad which ran in the Naples Daily News on December 29, 2003. ..... Original Message ..... From: Maureen K. Kenyon Sent: Tuesday, January 13, 2004 4:16 PM To: alden s Subject: ~E: RESOLUTION Susan: Did you advertise this item and if so, we will need a copy of everything to do with the advertising as well as a copy of the draft resolution. As soon as I see the resolution signed by the BCC, I will give you a call and when you pick it up, maybe you could bring the advertising documentation with you. Thanks. Maureen ..... original Message ..... From: Alden, Susan Sent: Tuesday, January 13, 2004 3:40 PM To: Maureen A. Kenyon Subject: RESOLUTION Importance: High I need to pick up the resolution signed by the BCC today relating to Summary Agenda item lTD (extension request to DCA). Please let me know when it's ready to be picked up. Thanks. Susan Alden HUD Grant Support Specialist Collier County Financial Administration and Housing Department 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (239) 403-2339 Fax: (239) 403-2331 SusanAlden$colliergov.net NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on December 29th, 2003. Affiant further says that the said Naples Daily News is a newspaper 'published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor. promised any person, firm or corporation any discount, rebate, commSssion or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me This 31st day of December, 2003 ~i~nh~ure of notary public) ~// ..~. e.~q~;~: Harriett Bushong 7-: :,:- MYCOMMISSION# DD234689 EXPIRES k:5,'.'-~ Ju~ 24, 2007 , o~ ~,,' BONDED THRU TROY FAIN INSURANCE, in De~ ~-~ N ~ . .12[/27/03 - 12/29/03 COLLIER COUNTY HOUSING & URBAN 1075 Central Avenue PHONE 239 262-316 '1 [ | ¢.,Box 7009 FAX 239 263-4708 ~.3'. TOTAL ~OUNT DUE - ;*U~PPL}ED AM,OIJ~T;, ~3 I TERMS,OF PAYMENT "~ 7~s~FHI~%3~94wls,A_pE~ F E D I D# 50-0578327 / 164.08 1300234 Net 10 Days ~2iI CURRENT NET AMOUNT DUE 22l ,[' 3,3 DAYS:: i [ DAYS ADVERTISING J INVOICE and STATEMENT J J J ~~ : BILLING DATE &ILLED ACCOUNT NAME AND ADDRESS~j ~A~ ~ ~ ~ U z~/~9/03 Fo~zg~ co~ uousz~ ~ u~ 55A65 ~A~S ~D 3AiOA 000230023400000164086* PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE ::(2/2~ LIIC IS ADVISED THAT ~74I ! ~1sooo~.2o~7 ! FINANCIAL A'.~ ~'t~ ~ ?~ G ?ai ;TATEI~iENT OF ACCOUNT As,.6 o~ .^ST AMOUNTS CURRENT AMOUNT DUE I 1075 Central Avenue PHONE 239 262-3161 A SCt-~]PPS HOWAP. D ~EWSPA~ER '~ :~'-~'X*'~FI~ ~l~:~ ~ P.O. Box 7009 FAX 239 263-4708 Naples, Florida 33941 FED ID~ 59-0578327 *UNAPPLIED AMOUNTS ARE INCLUDED INTOTAL AMOUNT D * 30 i/27/03 ' 12/29/03 055A65 ADVERTI$~RIN~OR~AIi0N COLLIER COUNTY HOUSI: -----~~,~~ ' 61LLIN~ PEEIOD ' ii 61 BrLLED ACCOUNT NUMBER 7 ~ ADVER~SER/CLtENT ~UMBER :, 2[ : ~VER~tSE~/CUENT N~E 7 171] RESOLUTION NO. 2004 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REQUESTING THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA) TO EXTEND THE TERMINATION DATE OF THE COUNTY'S CDBG AWARD AGREEMENT FOR A COMPK3NITY DEVELOPMENT BLOCK GRANT UNDER THE ECONOMIC DEVELOPMENT CATEGORY THAT PROVIDED FOR A PORTION OF THE CONSTRUCTION OF THE MAIqUFACTURING FACILITY II AT THE IMMOKALEE REGIONAL AIRPORT INDUSTRIAL PARK. WHEREAS, the Florida Department of Community Affairs awards grants through the Small Cities and Counties Community Development Block Grant (CDBG) Program of up to $750,000 to qualifying cities and counties for projects that benefit low-and moderate-income persons, aid in the prevention or elimination of slums or blight, or meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and where other financial resources are not available to meet such needs; and WHEREAS, in an area known as the Immokalee Regional Airport Industrial Park and Foreign Trade Zone, the 10,504 SF building known as Immokalee Manufacturing Facility - Phase II was constructed to assist Low to Moderate Income (LMI) residents by helping to create new jobs for LMI households; and WHEREAS, a private for-profit company, Global Manufacturing Technology, Inc, (GMT) was identified as the participating party in the application. GMT executed the Participating Party Agreement (PPA) on August 3, 1999; however, GMT was not able to perform the terms of the PPA. The Board of County Commissioners (BCC) declared GMT in default on June 24, 2003; and WHEREAS, the lack of a lease agreement with a viable participating party resulted in the manufacturing facility standing vacant for more than one year since the Certificate of Occupancy (CO) was issued on July 30, 2002; and Page 1 of 3 170 WHEREAS, Florida Architectural Products, Inc. (FAP) has agreed to comply with the grant terms and has recently executed a PPA with the County (approved by the Board of County Commissioners at the BCC meeting on November 18, 2003 - Item #16A3). The current CDBG Award Agreement extension with the DCA is due to expire on March 27, 2004; the County and FAP have until March 27, 2004 to create the 22 FTEs to comply with the grant agreement terms. There is not adequate time to create the required jobs before the termination date of the CDBG Award Agreement; thus a one-year extension is requested to allow FAP more time to create the required jobs; and WHEREAS, the extension of the termination date of the CDBG Award Agreement does not change the original Agreement amount, the leveraged funds committed in the application, a modification to the Environmental Review Records, or the proposed number of jobs to be filled when the project is completed; and WHEREAS, per the Citizen Participation Plan, the Citizens Advisory Task Force (CATF) met on December 18, 2003 (a meeting notice was published on December 4, 2003 in the Naples Daily News), which was a public meeting, and approved the request for extension of the termination date of the CDBG Award Agreement. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Collier County Board of County Commissioners hereby directs the Collier County Financial Administration and Housing Department to prepare, or cause to be prepared, all documents necessary to amend the CDBG Award Agreement to extend the termination date by one year (to March 27, 2005) to the Florida Department of Community Affairs for an Economic Development grant of $750,000. Page 2 of 3 2. The Board of County Commissioners has previously authorized (Res. 99-255, 6/8/99) the County Administrator or the Division Administrator of Community Development and Environmental Services to act on behalf of the Board of County Commissioners to sign all documents necessary for grant administration; this authorization is still in place. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this 13th day of January, 2004 after motion, second and majority vote favoring same. ATTEST: DWIGHT"~E'.~ ~'B~©CK, CLERK Approved,as ~o form and Legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page 3 of 3 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: Comm. Dev.Serv./Plarming Person: ~0~ ~r~_~/~ Date: //-/~'t~ Petition No. (If none, give brief description): PE-2003-AR-426[, Cocohatchee Nature Center Petitioner: (Name & Address): Doug Schroeder, Executive Director of the Nature Center, 12345 Tamiami Trail North, Naples, FL 3411( Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: January 13, 2004, based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: PE-2003-AR-4261, Doug Schroeder, Executive Director o Cocohatchee Nature Center, r~questing a parking exemption to allow off-site parking via a shared parking agreement, pursuant to LD£ §2.3.4.1.2.c., between the Cocohatchee Nature Center and the Pewter Mug. Access between the properties will be via a propose~ pedestrian walkway under U.S. 41 Bridge over the Cocohatchee River. The Cocohatchee Nature Center is located at 12345 Tamiam Trail North, in Section 21, Township 48 South, Range 25 East, Collier County Florida Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113-138312-649110 ~ Reviewed by: List Attachments: Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings belore BCC or BZA: Initiating person to complete one copy and obtain Division Head approval befo~ submitting to County Manager. Note: I! legal document is involved, be sure that any necessary legal review, or request same, is submitted to County Attorney be!ore submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: i t-':C/~ Date of Public hearin. [~[~ ~f''~i-'f . ... ~ :_ Date Advertised: ~('/, RESOLUTION NO. 03- 17E A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETrrlON NUMBER '. PE-2003-~-4261 FOR A PARKING EXEMPTION TO ALLOW OFF-SITE PARKING VIA A SHARED PARKING AGREEMENT, PURSUANT TO LDC SECTION 2.3.4.112.C BETWEEN THE COCOHATCHEE NATURE CENTER AND THE PEWTER MUG 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 its Land Development Code (LDC) (Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of a parking exemption; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of a parking exemption as shown on the attached Site Plan, Exhibit "A," in the "A-ST" Zone and in the C-4 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 Subsection 2.3.4.1 l, of the Collier County Laud 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 a public meeting and the Board having considered all matters presented. NOW THEREFORE, BE 1T RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, PE-2003-AR-4261, filed by Doug Schroeder, Executive Director of Cocohatchee Nature Center, representing Cocohatchee Nature Center, requesting a parking exemption to allow off-site parking via a shared parking agreement, pursuant to LDC Section 2.3.4.1.2.c, between the Cocohatchee Nature Center and the Pewter Mug, with respect to the property hereinafter described in Exhibit "B" attached hereto and incorporated by reference herein be and the same hereby is approved for a parking exemption as shown on the attached Site Plan, Exhibit "A," of the C-4 Zoning District wherein said property is located, subject to the Joint Parking Agreement attached as Exhibit "C" and incorporated by reference. Page 1 of 2 17E BE 1T FURTHER RESOLVED tl~ this Resolution relating to Petition Number PE-2003- AR4261 be recorded in the minutes of this Boant. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DEPUTY CLERK BY: TOM HENNING, CHAmMAN Approved as to Form and Legal Sufficiency: Assistant County Attomey Exhibits: A. Site Plan, stamped "Received July 22, 2003" B. Legal Description for both parcels C. Joint Parldng Agreement, stamped "Received September 16, 2003" D. Condition~ Page 2 of 2 17E Exhibit A Site Plan PE-2003-AR-Zt261 0 o COCONATCHEE NATURE CENTER 17£ Legal.Description A parcel of land in the North ~ of Section 21, Township 48 South, Range 25 East, Collier Count~, Florida, lying within Bulkhead Line No. 4 as recorded in Bulkhead Line Plat Book 1, Page 16, Public Records of Collier County, Florida, and the Westerly Right of Way line of U.S. Route 41 (S.R. 45), mOre particularly described as follows: Beginning at the point of beginning of Bulkhead Line No. 4, as recorde~ in Bulkhead Line Plat 1, Page 16, Public Records of Collier Connty,'F19rida; run S 73°49'13" W for 281.74 feet to a point of ~urvature; thence run 257.08 feet along the arc of a curve concave to the Northeast having a tad/us of 100.00 feet ~d subtende~ a chord having'a length of 191.91 feet'and bearing N 32°31'58'' W to a point of compound curvature; thence run 420.68 feet along the arc of a curve concave to the Southeast having a radius of 500.00 feet and subtended b~ a chord having a length of 408.3.8 feet and bearing N 65°13'02" E to the point of ending of said Bulkhead Line No. 4,.saidpoint lying on the Westerly Right of Way line of U.S.' Route 41 (S.R. 45); thence run S 0040'47'' E along said Right of Way line for 254.09 feet to the Point of .Beginning. RECEIVED JUL 2 I. 2003 Exhibit B Legal Description Page i of 2 PE-2003-AR-4261 RE-SUBMITTAL PE-2003-AR-4261 PROJECT #2001080020 DATE: 7/22/03 KAY DESELEM 17£ PEWTER MUG LEGAL DESCRIPTION A tract'or parcel of land lying in that par~ of the West Half {W 1/2) of the Southwest Quarter (sw 1/4) of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 25 East, South of Horse Creek and Eas~ of the East Right-of-way line of State Road No. 45 (Ta~iami Trail) which tract or parcel is descrbed as follows~ Beginning at the intersection of the North line o~ said fraction of a section with said East right- of-way line, whiCh point is on the center line of the original channel of Horse Creek, run South along said right-of-way line for 329.05 feet to a point on the center line of the easement right-of- way of the State Road Department for the re-locat- ed channel' of Horse Creek, theD~e run East along said center line (perpendicular to State Road No. 45) for 100 feet, thence deflect left 17 degrees 15minutes and continue Northeasterly for 300 feet more or less along said center line to the center line of the original channel of Horse Creek, thence run Northwesterly and Westerly along said center line of the origimal channel to the point of beginning~ subject however to said easement right of the State Road Department over that par~ of the described lands lying within 87.5 feet of said center line of the relocated channel of Horse Creek; in Collier County, Florida. RECEIVED JUL 2 1 2003 Exhibit B Legal Description Page 2 of 2 PE-2003-AR-4261 ~E.2003-AR-4261 PROJECT #2001080020 DATE: 7/22/03 KAY DESELEM JOINT PARKING AGREEMENT For a consideration of TEN ($10.00) DOLLARS, Cocohatchee Nature Center, Inc. (the' "Nature Center") owner of the real property located at 12345 Tamiami Trail North, Naples, Florida, and A. James Keyser, owner of the real property located at 12300 Tamiami Trail North, Naples, Florida, hereby agree as follows: WHEREAS, the parties to this Agreement, for their mutual benefit, intend to share parking spaces on the above-referenced properties; the property at 12300 Tamiami Trail North is leased to The Pewter Mug, Inc. (hereafter referred to as the "Pewter Mug"). Pedestrian access between the properties is to be provided by a walkway to be constructed under the Cocohatchee River Bridge and highway U.S. 41 North. A General Permit for construction of the walkway is expected to be issued to the Nature Center in November, 2003 by the Florida Department of Transportation (owner of a 150' easement between the properties). THEREFORE, the parties to this Agreement agree to share parking spaces on the above- referenced properties under the following conditions: Terms of Use. The Nature Center shall be allowed to use twenty (20) parking spaces at the Pewter Mug between 7:00 a.m. and 4:30 p.m. The Pewter Mug shall be allowed to use twenty (20) parking spaces at the Nature Center, on dates and at times mutually agreed upon by the Pewter Mug and the Nature Center. The hours of' operation of the Pewter Mug shall be limited, during the period in which this Agreement is in effect, to between 4:30 p.m. and 2:00 a.m., Monday through Sunday. Ri?hi tO Remove Vehicles. At the sole discretion of the Pewter Mug vehicles belonging to Nature Center visitors remaining at the Pewter MUg after 4:30 p.m. may be towed at the expense of the vehicle owner. The Nature Center may likewise have vehicles belonging to Pewter Mug customers towed, at the expense of the vehicle owner, which are not in compliance with the dates and times mutually agreed upon by the Pewter Mug and the Nature Center. ~. Both parties to this Agreement agree to hold the other harmless against any and all claims, including bodily injury or death, that may occur as the result of the use of either of the above-referenced properties by the general public under this ,loint Parking Agreement. FURTHER, this Agreement shall remain in force and effect for a period of ten (10) years from the date last signed below, unless: a) either the Nature Center or the Pewter Mug ceases to exist as an operating entity, or, b) the Pewter Mug property is conveyed to a purchaser other than the Nature Center. Upon expiration of the ten year term of this Agreement, or in the event this Agreement becomes null and void prior to the full ten year term due to the occurrence of either (a) or Co) described above, the Nature Center shall immediately discontinue the use of a Fxhibit C 3oint Parking Agreement Page 1 of 2 PE-2003-AR-4261 Joint Pnd~ng Agreement Pnge2 ~cond tour bo~t' nnd reduce rentnl nctivities to n maximum of~ve canoes. THIS AGREEMENT is binding on the successors and assigns of the parties and shall be governed by the laws of the State of Florida. It is agreed that in any action required to perfect this Agreement, the prevailing party shall be entitled to a reasonable attorney's fee. Modifications, in whole or in part, may not be made without the express consent of both parties to this Agreement. Cocohatchee Nature Center, Inc., A Florida Not-For-Profit Corporation Douglas P. Schr~'eder, Executive Director A. lames Keyser Exhibit C Joint Parking Agreement Page 2 of 2 PE-2003-AR-4261 COCOHATCHEE NATURE CENTER PARKING EXEMPTION 17£ 1. The parking exemption is limited to as depicted in the site plan entitled "Site Plan, PE-2003- AR-4261," stamped "Received July 21, 2003," except as further restricted below. This site plan is included as Exhibit A; and 2. The petitioner must construct or cause to be constructed the pedestrian walkway under the Tamiami Trail. The pedestrian walkway and associated walkway must be completed and operational prior to the opening of any expansion of the Cocohatchee Nature Center uses; and 3. Prior to the expansion of uses at the Nature Center, the petitioner must install signs and provide hand-outs to customers advising them of the availability of additional parking, noting where it is located and how to get to it. The signs and notices must also advise customers using the additional parking that pedestrian traffic going to and from the additional parking area must use the pedestrian crossing under the bridge. Direct crossing of Tamiami Trail is prohibited; and 4. Employees of the Nature Center must park in the off-site parking area. Revised: 10/28/03 Conditions of Approval Exhibit D PE-2003-AR-4261 17E November 20, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PE-2003-AR-4261, Cocohatchee Nature Center Dear Georgia: Please advertise the above referenced notice on Sunday December 28th, 2003 and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Deputy Clerk Acct~ 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 13, 2004, 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 TO CONSIDER PETITION PE-2003-AR-4261; DOUG SCHROEDER EXECUTIVE DIRECTOR OF THE COCOHATCHEE NATURE CENTER, REQUESTING A PARKING EXEMPTION TO ALLOW OFF-SITE PARKING VIA A SHARED PARKING AGREEMENT, PERSUANT TO LDC 2.3.4.1.2.C., BETWEEN THE COCOHATCHEE NATURE CENTER AND THE PEWTER MUG. ACCESS BETWEEN THE PROPERTIES WILL BE VIA A PROPOSED PEDESTRIAN WALKWAY UNDER U.S. 41 BRIDGE OVER THE COCHATCHEE RIVER. THE COCOHATCHEE NATURE CENTER IS LOCATED AT 12345 TAMIAMI TRAIL NORTH, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Any questions or concerns should be directed to Rick Grigg, Collier County Community Development/Planning Services Section at (239) 659-5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts ' County ofC011ier CLERK OF CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Clerk of Courts Accountant Auditor Custodian of County Funds November 20,2003 Dou9 Schroeder Executive Director Cocohatchee Nature Center 12345 Tamiami Trail North Naples, FL 34110 Re: Notice of Public Hearing to Consider Petition PE-2003-AR-4261 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 28, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Deputy Clerk Enclosure Phone- (239) 732-2646 Website- www.clerk.collier.fl.us Fax- (239) 775-2755 Email- collierclerk~clerk, collier.fl.us Ann P. Jenneiohn To: SubJect: Georgia (E-mail) PE 2003-AR-4261 Hi again Georgia, Could you please advertise the attached on Sunday December 28th, 2003 Thank you!! Thank you Ann PE-2003-AR-4261.d PE-2003-AR-4261,d OC OC Minutes & Records Ann P. Jenneiohn From: Sent: To: Subject: postmaster@clerk.collier.fi.us Thursday, November 20, 2003 3:25 PM Ann P. Jennejohn Delivery Status Notification (Relay) ATY624715.b~ PE 2003-AR-4261 This is an automatically 9enerated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com Ann P. Jenne'ohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, November 20, 2003 3:15 PM Ann P. Jennejohn Delivered: PE 2003-AR-4261 !?£ PE 2003-AR-4261 <<PE 2003-AR-4261>> Your message To: Georgia (E-mail) Subject: PE 2003-AR-4261 Sent: Thu, 20 Nov 2003 15:25:04 -0500 was delivered to the following recipient(s): legals on Thu, 20 Nov 2003 15:15:23 -0500 PE 2003-AR-4261 Ann P. Jennejohn ire Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Thursday, November 20, 2003 3:33 PM To: Ann P. Jennejohn Subject: RE: PE 2003-AR-4261 rcvd to run DEC. 28 georgia ..... Original Message ..... From: Ann P. 3ennejohn [mailto:Ann.Jennejohn@clerk.collier.fl.us] Sent: Thursday, November 20, 2003 3:25 PM To: Georgia (E-mail) Subject: PE 2003-AR-4261 Hi again Georgia, Could you please advertise the attached on Sunday December 28th, 2003 Thank you Thank you!! Ann Minutes & Records <<PE.2003-AR-4261.doc>> <<PE-2003-AR-426'1.doc>> 11/20/2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on December 28th, 2003. Affiant further says that the said Naples Daily News is a newspaper 'published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and L~e counties of Florida, each day and has be~n entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor. promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publicat/on in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 30th day of December, 2003 (Signature of notary public) ...,%:,'.;.¢.~ ~.;.'.~_.,. Harriett Bushong --";~'"~-"~?.} MY COMMISSION # DD234689 EXPIRES ~'~:~&.-': July 24, 2007 17£ PE-2003-AR-4,161 NOTICE OF ' PUBLIC HEARIM~ Notice Is ~reby given ~ ~ ~d of Cou~ -~-0~lssloner~; ~f ~ol- daY, ~": the ~r0~, Floor, Administration Building, ColI~' Co~n~ Government Center 3~1 E~t TarSI Trail, Neplqs, FI9~i~.. Th~ meeting will ~egm 9:ffi ~M. THE BOARD TO CONSID-~ ER p~TION EXECUTIVE )t~u~ U~l THE COCOHAT~EE NA- lNG A PARFJNG ~' TION TO A~LOW ~ ' SITEpARKt~ VIA A SHARE~ ~RKING ~REEMENT, ~SUANT TO LDC 2.~.~.C., TWEEN THE COCOHAT. CHEE NATURE CENTE~ AND THE PEWTER MUG ACCESS BETWEEN THI p~ ~LL BE VII A PROPOSED pEDESTRI- AN WALKWAY UNDER U.S. 4~ ~1~ O~ THE COCHATCHEE RIVER THE COCO~ATC~ NA. TURE CEN~R~ LOGAT. ED AT 12345 TAMIAMI~ TRAIL NO~ IN SEC-I SOUTH, RAN~ 25 EAST, 'CO~IER coU~ ~LORI- DA. NOTE: All Persons wish- lng t.o speak on any agent!& Item _must.req~- tar with the counw ha- mlnlstrator prior to pre- sentation of the agenda Item to be addressed, Individual spe_aker, s .will be limited to 5 minutes on any item. The selec- tion of ma Individual to speak, off behalf of an orgamzatio~, or 9roup is e.n~,o~r.~ge~, i!.re.cog- nlze.d oy the crt.mr, a spoKesperson Tor al groUP or .organization may be alldtted 10 mln-I utes to speak 'on an item. written or graphic ma- terials Included In the Board agenda packets must su~mlt said ma- terl~i a minimum of 3 weeks Prior to the re- spective public hearing. In any case, w~.en m,a- terlals Intended to oe shall be submitted to the~ appro, p. riate C.ountyl staff a nun~um ot sev-I eh. days p.rlor to theI public hearing. All mad terlat used inpresenta-I tlons before the Board! will become a perma- re- testi- mony an( MAN DWIGHT E. BRO'CK, CLERK By: /s/Ann jennelohn Deputy Clerk (SEAL) RESOLUTION NO. 04- 0 7 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER PE-2003-AR-4261 FOR A PARKING EXEMPTION TO ALLOW OFF-SITE PARKING VIA A SHARED PARKING AGREEMENT, PURSUANT TO LDC SECTION 2.3.4.112.C BETWEEN THE COCOHATCHEE NATURE CENTER AND THE PEWTER MUG 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 its Land Development Code (LDC) (Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of a parking exemption; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of a parking exemption as shown on the attached Site Plan, Exhibit "A," in the "A-ST" Zone and in the C-4 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 Subsection 2.3.4.11, of the Collier County 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 a public meeting 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, PE-2003-AR-4261, filed by Doug Schroeder, Executive Director of Cocohatchee Nature Center, representing Cocohatchee Nature Center, requesting a parking exemption to allow off-site parking via a shared parking agreement, pursuant to LDC Section 2.3.4.1.2.c, between the Cocohatchee Nature Center and the Pewter Mug, with respect to the property hereinafter described in Exhibit "B" attached hereto and incorporated by reference herein be and the same hereby is approved for a parking exemption as shown on the attached Site Plan, Exhibit "A," of the C-4 Zoning District wherein said property is located, subject to the Joint Parking Agreement attached as Exhibit "C" and incorporated by reference. Page 1 of 2 17£ "" BE IT FURTHER RESOLVED that this Resolution relating to Petition Number PE-2003- AR-4261 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this //~-rLday of ~ ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA s ~ ~r, atare BY: -/~~x~, iRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Exhibits: A. Site Plan, stamped "Received July 22, 2003" B. Legal Description for both parcels C. Joint Parking Agreement, stamped "Received September 16, 2003" D. Conditions Page 2 of 2 -'~"=== z Z Exhibit A Site Plan PE-2003-AR-4261 ,l~ 0 [- ~= 0 COCOHATCHEE NATURE CENTER 17E Legal Description A parcel of land in the North h of Section 21, Township 48 South, Range 25 East, Collier County, Florida, lying within Bulkhead Line No. 4 as recorded in Bulkhead Line Plat Book 1, Page 16, Public Records of Collier County, Florida, and the Westerly Right of Way lane of U.S. Route 41 (S.R. 45), mOre particularly described as follows: Beginning at the point of beginning of Bulkhead Line No. 4, as recorded in Bulkhead Line Plat 1, Page 16, Public Records of Collier County, 'Florida; run S 73°49'13'' W for 281.74 feet to a point of curvature; thence run 257.08 feet along the arc of a curve concave to the Northeast having a radius of 100.00 feet and subtended by a chord having'a length of 191.91 feet and bearing N 32°31'58'' W to a point of compound curvature; thence run 420.68 feet along the arc of a curve concave to the Southeast having a radius of 500.00 feet and subtended by a chord having a length of 408.38 feet and bearing N 65°13'02'' E to the point of ending of said Bulkhead Line No. 4, .said point lying on the Westerly Right of Way line of U.S.' Route 41 (S.R. 45); thence run S 0°40'47'' E along said Right of Way line for 254.09 feet to the Point of .Beginning. RECEIVED JUL 2 i 2003 Exhibit B Legal Description Page 1 of 2 PE-2003-AR-4261 RE-SUBMITTAL PE-2003-AR-4261 PROJECT #2001080020 DATE: 7/22/03 KAY DESELEM PEwTER'MUG LEGAL DESCRIPTION. A tract or parcel of land lying in that par~ of the West Half (W 1/2) of the Southwest Quarter (Sw 1/4) of the Northwest Quarter (NW 1/4) of Section 22, To~nship 48 South, Range 25 East, South of Horse Creek and East of the East. Right-of-way line of State Road No. 45 (Tamiami Trail) which tract or parcel is descrbed as follows: Beginning at the intersection of'the North line of said fraction of a section with said East right- of-way line, which point is on the center line of the original channel of Horse Creek, run South along said right-of-way line for 329.05 feet to a point on the center line of the easement right-of- way of ~he S~ate Road Department for the re-locat- ed channel' of Horse Creek, thence run East along said center line (perpendicular to State Road No. 45) for 100 feet, thence deflect left 17 degrees 15minutes and continue Northeasterly for 300 feet more or less along said center line to the center line of the original channel of Horse Creek, thence run Northwesterly and Westerly along said center line of the original channel to the point of beginning; subject however to said easement righ~ of the $~ate Road Department over that par~ of the described lands lying within 87.5 feet of ~aid center line of the relocated channel of Horse Creek~ in Collier County, Florida. RECEIVED JUL 2 1 2003 Exhibit B Legal Description Page 2 of 2 PE-2003-AR-4261 RE.SUBMITTAL ~E.2003-AR-4261 PROJECT #2001080020 DATE: 7/22103 KAY DESELEM JOINT PARKING AGREEMENT, For a consideration of TEN ($10.00) DOLLARS, Cocohatchee Nature Center, Inc. (the "Nature Center") owner of the real property located at 12345 Tamiami Trail North, Naples, Florida, and A. James Keyser, owner of the real property located at 12300 Tamiami Trail North, Naples, Florida, hereby agree as follows: WHEREAS, the parties to this Agreement, for their mutual benefit, intend to share parking spaces on the above-referenced properties; the property at 12300 Tamiami Trail North is leased to The Pewter Mug, Inc. (hereafter referred to as the "Pewter Mug"). Pedestrian access between the properties is to be provided by a walkway to be constructed under the Cocohatchee River Bridge and highway U.S. 41 North. A General Permit for construction of the walkway is expected to be issued to the Nature Center in November, 2003 by the Florida Department of Transportation (owner ora 150' easement between the properties). THEREFORE, the parties to this Agreement agree to share parking spaces on the above- referenced properties under the following conditions: a) Terms of Use. The Nature Center shall be allowed to use twenty (20) parking spaces at the Pewter Mug between 7:00 a.m. and 4:30 p.m. The Pewter Mug shall be allowed to use twenty (20) parking spaces at the Nature Center, on dates and at times mutually agreed upon by the Pewter Mug and the Nature Center. The hours of operation of the Pewter Mug shall be limited, during the period in which this Agreement is in effect, to between 4:30 p.m. and 2:00 a.m., Monday through Sunday. b) Right to Remove Vehicles. At the sole discretion of the Pewter Mug, vehicles belonging to Nature Center visitors remaining at the Pewter Mug aider 4:30 p.m. may be towed at the expense of the vehicle owner. The Nature Center may likewise have vehicles belonging to Pewter Mug customers towed, at the expense of the vehicle owner, which are not in compliance with the dates and times mutually agreed upon by the Pewter Mug and the Nature Center. c) H~old. Harmless. Both parties to this Agreement agree to hold the other harmless against anY and all claims, including bodily injury or death, that may occur as the result of thc use of either of thc above-referenc~l properties by thc general public under this Joint Parking Agreement. FURTHER, this Agreement shall remain in force and effect for a period often (10) years from the date last signed below, unless: a) either the Nature Center or the Pewter Mug ceases to exist as an operating entity, or, b) the Pewter Mug property is conveyed to a purchaser other than the Nature Center. Upon expiration of the ten year term of this Agreement, or in the event this Agreement becomes null and void prior to the full ten year term due to the occurrence of either (a) or Co) described above, the Nature Center shall immediately discontinue the use ora Exhibit C Joint Parking Agreement Page I of 2 PE-2003-AR-4261 Joint Parking Agreement Page 2 second tour boat and reduce rental activities to a maximum of five canoes. TI-tiS AGREEMENT is binding on the successors and assigns of the parties and shall be governed by the laws of the State of Florida. It is agreed that in any action required to perfect this Agreement, the prevailing party shall be entitled to a reasonable attorney's fee. Modifications, in whole or in part, may not be made without the express consent of both parties to this Agreement. Cocohatchee Nature Center, Inc., A Florida Not-For-Profit Corporation ~D~uglas 1~. Schro~er, EXecutive Directo. A. James Keyser By: A. JT~.& ~ser Exhibit C Joint Parking Agreement Page 2 of 2 PE-2003-AR-426t 17E COCOHATCHEE NATURE CENTER PARKING EXEMPTION 1. The parking exemption is limited to the configuration shown on the site plan entitled "Site Plan, PE-2003-AR-4261," stamped "Received July 21, 2003," except as further restricted below. This site plan is included as Exhibit A; and 2. The petitioner must construct or cause to be constructed the pedestrian walkway under the Tamiami Trail. The pedestrian walkway must be completed and operational prior to the opening of any expansion of the Cocohatchee Nature Center uses; and 3. Prior to the expansion of uses at the Nature Center, the petitioner must install signs and provide hand-outs to customers advising them of the availability of additional parking, noting where it is located and how to get to it. The signs and notices must also advise customers using the additional parking that pedestrian traffic going to and from the additional parking area must use the pedestrian crossing under the bridge. Direct crossing of Tamiami Trail is prohibited; and 4. Employees of the Nature Center must park in the off-site parking area; and 5. The pedestrian walkway must be illuminated. The lighting facilities must be no taller than the minimum required to adequately illuminate the walkway. Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. Revised: 12/04/03 to reflect changes requested by the Collier County Planning Commission Conditions of Approval Exhibit D PE-2003-AR-4261