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Agenda 05/06/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 6, ' 997 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. R~QUESTS TO ADDRESS TIlE 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 O,~ THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE I~L4.y NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS I~Y. ADE~ WHICH ~ECORD I~CLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LI~IITED TO FIVE (5) MINUTES UNLESS PERM~SION FOR ADDITIONAL TibiE IS GRANTED BY THE CHAIRM=AN. ASSkSTED LISTENING DEVICES FOR THE HEARING ~I'PAIRED ARE AVAILABLE IN THE COUNTY COMMISStONER.$' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 4. INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES A. April 8, 1997 - Regular mecflnz April 15, 1997 - R~gular meetlnl C. April 15, 1997 - Workshop PROCLAMATIONS AND SERVICE AWARDS May 6, 1997 PROCLAMATIONS I) 2) Proclamation proclaiming May 4-10, 1997 as Collier County Tourism Week. To be accepted by John Ayr~, President of Vlslt Naples. Proclamation proclaiming the month of May, 1997 as Motorcycle Safety nnd Awareness Month. To be accepted by Jim Morris, Chapter Director of T?.= Gold Wlng Road Riders Association. Proclamntlon proclnlming Ma), 6, 1997 u Family and Communlty Educator Apprecl~tlon Week In Collier County. To be accepted by Doris Wolf, FCE County Council President and President of the Immokalee FCE Club; Jo Selvln, Presiden! of the Isinnd FCE Club; Ann Hoskins, County Council FCE Secretary and President of the Henderson Creek FCE Club; Ruth Conroy, County Council FCE Tr~.'uurer and representing lhe North Naples FCE Club; and Jean Dunn, President of the Golden Gate FCE Club. 4) Proclamation procintmtng May 4-10, 1997 as Financial Counselor Appreciation Week. To be accepted by Cephus 'T~b" Grief, Cerllfied Financi-~l Counselor. SERVICE AWARDS ~) M-~rffyn blnllhes - Librnry - I5 )'ears CherT! Stotcr- Buii~ling Review & Permlt:Inl~. I0 years Joseph C. Collins - Depntxment of Revenue - 10 years M~rlon Sngterfield. OCPM - 10 years C. PRESENTATIONS I) Recommendation to ~'cognl:r.e Jes~ Kam~rny, Water Department, Public Worlo Division, ts Employee of the Month for May, 1~97. APPROVAL OF CLERK'S REPORT ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. I) General Fund (001} I,:Y 96/97 2) Community Development Fund (113) FY 96/97 3) Facilities Cons~ruction Fund (;}01) FY ~6/97 PUBLIC PETITIONS Do~glu A. Wood, Siesky, Pilon & Wood regarding Ordinance 96-16. No wake zone for Clam Bay. B. Fredrick Pauly r~gnrdlng B~ntwood PUD requesting zoning extension. May 6, 1997 I0. COUNTY MANAG£R'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES I) Staff review and ~o.mmcndatlons ~lntls~ to O~innnce 92-7, ~ amended, also known ~ ~he ~ ~ Estates PUD which, acco~ing to the requh~d PUD Stau~z R~ ~sbmltted by th~ p~.y ownerla{ent, h~ not commenced const~cl:lon ~ defined in S~tlon ~7.3.4 of the Collier C~nty Land Development C~e, ~lllnR In ~ml c~s of action for the Bo~ of C~nty Comml~slone~ to consider. B. PUBLIC WORKS 1) Options for constructing and maintaining median landscapln[ lmprm'~ments within the Bonlta Beach Road corridor along the Lee/Collier llne, CIE Project No, 031. PUB LIC SERVICES l) Recommendation thn~ the Board of County Commltsioncrs approve a budget amendment to pay Increased mandated Medicaid costs, 2) Recommendation that the Bo~rd of Co, rely Commissloncrs continue for ~wo weeks ttny discus~;lon regardinl: the Intcrtocal agr~mcnt wllh the City of Naples rtgardlng beach parking. (Continued from 4/22~)7 meeting,) SUPPORT SERVICES I) Recommendatlm~ to apl)rove a budgetary proposal for the Collier County Group llcal~h Plan. COUNTY MANAGER I) Approve funding ~'or z Youth. [narrational Soccer Tournament for S5,670. Tourist Dev:lopment lrunds, Category C. 2) Apl)rove funding for a 20K Running Race for S3,000 Tourist Development Funds, Category C. Consider funding a Seniors Bowling Tournament for S49.969 To~ris! Development !~:nds, Category C. 4) Approve funding of $126,40~ for Sea Turtle Monitoring Tourist Oerclopment CategoO. A Funds, COUNTY ATTORNEY'S REPORT Reeommendatlon to accept a Settlement Proposal in Westwlnd Contracting, Inc. v. Collier County, Ca~e No, 95-3939-CA..01-TB, Collier County Circuit Court Rcport on the Wilderness isme. BOARD OF COUNTY COMMISSIONERS May6, 1997 Il. C. Appointment of members to the Environmental :Policy Technical Advisory Board. Discussion r~garding membership on the .~uv~nile Justice Council. (Commissioner Hancock) Count). employee tuition reimbursement benefits for higher education. (Commissioner Constantine) OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY ~'~..._.._.. FOLLOWING STAFF iTEM--~----.~____.. ADVERTISED PUBLIC HEAR.I~GS . BCC .4. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER BOARD OF ZONING APPEALS · 4.. ADVERTISED I~UBLIC H£ARI'NGS 1) Petition No, CU-97.5, Mr. Miles Sco~leld r~pre~nting Craig & Karla SIebcrt requesting Conditional U~ "I" of the '~F~" ~ning District to aJiew for a ~at h~ For p~pc.y {~ed at 29{ ~mb~e~ Ax~nue in Conn~ V~ndc~i/{ ~eacb Subdi~s{o~ (Continued f~m thc m~t{ng of OTH£R BOARD OF COUNTY COMMISSIONT. RS, COMMUNICATIONS STA~S COMMUNICATIONS CONSI~NT AG£NDA - All matters Il.ed under this item at~ considered to be routine and · cgon will be taken by one motion with¢~t scpar~te discutdon of each item. If discussion Is desired by a member of the Board, that item(s) will be retook'ed form the Consent A~da nnd considered separately. COMMUNITY DEVELOPMENT & ENVIRONMI,.'NTAL SERVICES 4 May 6, 1997 I) Requesting the Co]lier County Board of County Commissioner~ grant authorization for the Chairman to sign and certify to the correctness of the computer generated census maps and sit, n the boundar7 and annexation sunny. 2) Recommendation that the Board of County Commluioners approve a lease agreement between Collier County and North Haple~ Fire Control and Rescue District for utilization of an office at the Collier County Derelopment Sen'lees Building and execute a Resolution regarding same. PUBLIC WORKS I) This item has been deleted. 2) $) Recommendation of a ~peed limit change: to Creech Road in conformance with Board actlon on 8/6/96 and Resolution 96-340 allowing residential roadway speed limit reductions to ~venty-fh-e miles per hour (25 MPH). Execute an access easement appurtenant for a lot located in Section 4, Township $1 South, Range 26 East, A/IC/A the C-4 Canal, Price Street OutfalL 4) S) Recommendation that the Board or Count.)' Commiuioner~ approve and accept drainage ear, ements from three. (3) propert7 owner~ located In Guilford Acre.., a Subdl~'l~ton, as ~ordc:d in Pla~ B~k 3, Page 59. Recommendation tis:at the Boa~ of Coun.ty Commissiouers apptore chnnges to the 1997 Waste Tire Grant B~dgc~ and app~ n~l ~pp~prlate Reques~ for authorization to acqnire a pzrce! of rigM-of-way for Naples Boulex-ard (F;IC/A £dgewood Drive); npprox'al of budget amendment to fund the right-of-way purchase; and ~e¢ceptanee of the right-of-way for purpose of recording ~m~ in ti~e Fub~Ic records. Petition 'Fbi 96-020 'for the Nelghborhootl Traffic Management Prog~m to calm tra~c on Pompel Lane located between Goodi.'-t!e-Frank Ro,~d an,,l C~tello Drive.. s) Resogutlon c~slg~atlng the Public Work~ Adm|n|rtrator ax authorized signee for the Collier Count;}, Water-Sewer D.~st fica, the Marco Water and Sewer District and the Goodland Water Di~rlct for e:~ecution of routine. documents re!:lted to Publlc Works matte, ri. 9) ~o) Award a conrlruction contract to the Mzffer Group, Inc. for Haldcmnn Creek AMIL Gates Repair and Rehabilitation, Bid No. 97-2660, Approve funding for South County Regional Waxtewater Treatment Facility Contract No. 2 - Pretreatment, A,erntlon and Sludge Holding. Approve Change Order No. 1 to Work Order No. JEI-FT-96-6 with Johnson Engineering, Inc. to revise the original scope of ~ervlces to obtain permits for construction of l.iving~ton Road Project No. (~0061, CIE No` S3. This item has been deleted. Approve stipulated final .judgment for right-of-way parcel No. 117A for the Vanderbilt Beach Road Four Lanlng Project, (CIE No. 023). Approve Supplemental Agreement lifo. $ to thc Consulllng Landscape Architect Serviee~ Agreement with McGee & Associates, Inc. for the Immokalee Beautification M.S.T.U. 15) Initiate development of Regional Impact (I)RI) Project for the Collier Counly Government Center (CCGC') and approve Work Order #ABB..07 wllh Agnoll, Barber, and Brundage, Inc. for surveying and mapping servlce~. Co la) Al)prove a Budget Amendment to fund construction of a by-pass water line around the Quail Creek Water Plant Site. 17) Request the Board Jmthorqze lhe Chairman to execute an Escrow Agreement for payment of funds pre~ously authorized. PUBLIC SERVICES I) Award of comract for Marco Island Library landscape installation and maintenance bid 97-2656. Recommendation that the Board of County Commissioners al:preye the altached budget amendment for lml~rovements at lhe Golden Gale Aquallc facility. SUPPORT SERVICES I) Recommendation that the Board of County Commissione~ approre a Lease Agreement between Collier Counly and East Naples Fire Control and Rescue District. 2) Recommendation to award Bid #97-2662, "Tires, Tube~, and Related Sen'ic¢~. Recommendation to accept and adopt a Grant Agreement between the Florida Department of Community Affalra and Collier County for the purchase and installation of ~ radio trnn~miUer and back-up power supply to broadca,t weather information from the National Weather Sen'ice Office-MlamL Recommendation for the Board of County Commissloners to authorize the Board Chairman to sign a Memorandum of Understanding for a Summer Youth Program. COUNTYMANAGER 1) Recommendallon to the Board of Count)' Commissioners to aulhorize Ihe advertisement for thn:e successive weeks of a notice of consideration ot' a cable television francblse. Ma)' 6, 1997 17. L BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) I~crtificatc of (~grrcgtion: NEED MOTION authorizing the chairman to sign Certificate of Correction 1o thc tax rolls as presented by thc Property Appraiser's Office. ILECOMMEND APPROVAL. ~atisfaction of Ltq~n: NEED MOTION aulhorlzlng the Chairman to sign Satisfaction of Lien for Sen'ices of the Public Defender for Case Nos.: 96- 10499-MMA; 96-7100-bIMA; 96-8944-MMA; 97-1098-MMA; 96.-S610- ALMA; 96-7787-MMA; 96-1639-CFA; 96-44§3-Ml~L~,; 96-8478-MMA; 97- 718-MMA; 94-1975-CFA1 95~.1614-1~lblA; 95-2186-CFA; 96-2334-CFA; 96- 2330-CFA1 88-1569-CFAi 96-8823-MMA; 94-935-C. JA1 96-525-CFA; 97- 1816-MMA; 96-1593-CFA; 93-.685-CFA; 93-3437-Ml~{-A; 97-812-M3rLA; 97-499-1~IMA; 97-928-blMA; 97-915-MMA and 96-948-CFA. 3) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Recommcndatlons to apl)rove a resolution between the Board of County Commissioners and SprinffUnilcd Telephone Company of Florida. To inform lhe Board or County Commissioncr~ or the Clerk of the Circuit Court's settlement arrangement In the matter of Dsvight E. Brock ~s Clerk of Ihe Circuit Court of Collier County V. Securltles America, Inc. A/K/A Untied Securities America, Inc., and to request the Board to authori~ a general release from claims against Securities America regardh:g thi~ matter. COUNTY ATTORNEY 1) ABJOURN Board approval of recordation of Release Agreement, implementing a portion of the Settlement Agreement for llldcaway Beach, per previous agenda Item 9(A), September 26, 19.95. May 6, 1997 AGENDA BOARD OF CO~ COMMIBSION~RS' MEETING MAY 6, 1997 CONT. INiIE, ITEM 8 (B) (1) TO 5/13 MI~]~TINO~ OPTIONS FOR CONSTRUCTING AND MAINTAINING MEDIAN I,kITDSCAPING IMPROVEME~FfS WITHIN THE BONITA BEACH ROAD CORRIDOR AJ~ONG THE LEE/COLLIER LINE, CIE PROJECT NO. 031. (STAFF'S REQTJEST). MOVE: ITE~ 16 (D) (2) TO 8 (D) (~) ~97-266P., TIRES, TUBES, REQUEST) . - RECOS~IENDATION TO AWARD BID RELATED SERVICES . (STAFF' S '0 the ,,ravel and toro'Ism indtt~'try $,,tpports the vital Interests of Coliter County, con;rtbut~ng to vur emplo~nen.:, economic prosperity, Fstace, understanding and good, tilt; and Ira~el and tourlsm ranks as' onc of Colller Cott.ty '$ l~gest Industries tn terms ~f re~nu~ genera;cd; and appraxlmatety 3,000, 000 travelers visiting Collier Catmty contributed of the annual laxable .~ales to thc economy in 1995; and those tr~lers providcdjobs for opproMmatel), 22, 000 ciiizens in Collh~r Cotmty; and travet than atO, other citizens ehaf 4 - I O, cultural ~'ell- the Cdlicr DONE AND ORDERED BROCK. COLL,tER COUNT3; FLORIDA motorcycles ar~ tncreastn~ly befng t~ed o.~ a reg3dar rnea..~ o, f tron.~t~ortalton d'~ to the current need ~o cor~erve f. el an~ o~w state 'z favorable climote for th'i.~ mode of tron.~portoflon; and ~If[~RF_..4S, thc motor.cycle is an energv-e~ff~c~ent vehicle that red. ce.~ fi~el canmtmptlon. trq/fic a. d parklng conges,rton: and the motorcy~cle has proved to be an lmporiont form of t..att~portation for commteting, as well as tout'lng and recreation both on and off the rootlet; and aX a matter of safety, it t,~ and an awareness of proper af ottr .~tat,e. of Collier ~N¢OCK, Ale?, CHAlt~AN o c. l,A.M.A_r O ~IERF_AS, Family and Community Educator vohmteers are an integral part of Collier County Governmer. t; and ti}e Collier County FCE program offers opportunities for citizens who wish to volunteer in a variety 6f different ways, such as sharing educational information w~th adults and youths; and during the past 5 year,v, the t;CE organization has donated in excess of 12, 000 hour.~ to the Cooperative Extension Service and the Community; and WHERF. AS, Family and Community F~lucators support such worthwhile efforts as the 4H Youth Development Program and the Collier County/tgricultural Fair; anti without Family and Communily Educators the quality of service to Collier Count), residents and th,ir chiidren would be greatly reduced. NON/~,FORE, be It proclaimed by the ,Board of CounO~ Commissioners of Coliier County, Florida, that gratitude and appreciation is extended to all the Family at, d Community Educator volunteers who gtve of their time and energies to Collier County Government. We, the Board of Colller County Commissioners, do affirm our commitment lo the Family and Community Educator program,, and value our partnership with the University of Florida Cooperative F_.xtenston Service in honoring the. se citizens wino haw g~ven so much to Collter County, tm~l therefort~ proclaim Mcr), 4.10, 1997 as FAMIL Y AND COMMU1VITY ED UCA TOR APPRECIATtON FPF..EK IN COi~LIF. R COUN~'Y DONE AND ORDEgED THIS 6th Day of M~, 1997. BO,~tRD OF COUNFY C03gtlTSSIONERS COI'J..IF~ COUNTY, FLOP. JD~I TIMOTHY L. HANCOCK, AICP, CHAIRMAN D~TGHT I:- BI~OCK. CLER~V AGENDA IT£1~l pR O CLA MA TI O~ Financial Counselor volunteers are an integral part of Collier County Government; and the Collier County Financial Counselor program offers opportunities for citizens who wtsh to offer thetr ttme and talents to help families and Individuals become competent money managers; ami Financial Counselors play a critical role in the success of the Extension's Home loan Program by offering Itomebuyers Educational Training to Home Loan applicants; and thts Homebuyvrs Training emphasizes the financtal obligations ora new homeowner, thus helping to safeguard over $$ million in home loans from foreclosures; and Financial Counselors also offer one-on-one credit counseling to persons who would like to qualify for the hrome Loan Program; and without the voluntetr services of Financial Counselors the quality of service to Collier County residents would be greatly reduced NOW THEREFORE, be it proclalmed by the Board of County Commissioners of Collier County, Flortda, that gratitude and appreciation is extended to all the Financial Counselor volunteers who give of their time and energies to Collier County Government. We, the Board of Collier County Commissioners, do affirm our commitment to the Financial Counselor program, and value our partnership with the UniversiOj of Florida Cooperative Extension Service in honoring these citizens who have given so much to Collier Count)', and therefore proclaim May 4.10, 1997 as FINANCIAL COUNSE£ OR APPREC]~ TION WEEK IN COLLIER COUi~,~Y DONE AND ORDERED THIS 6th Day of May, 1997. BOARD OF COUN'IT COMMISSIONERS COLLIER COUNTY, FLORIDA DF/IGHT E. BROCK. CLERK TIMOTHY L. HANCOCK, AICP, CHAIRMAN RECOMMENDATION TO RECOGNIZE JESSE KOMORNY, WATER DEPARTMENT, PUBLIC WORKS DMSION, AS EMPLOYEE OF THE MONTH FOR MAY 1997. OILIEr: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the Cotmb,. CONSIDERATIONS: Mr. Komorny has been a Collier County employee for 11 years and was nominated by a co-worker. He has a high regard for customer satisfaction and d~ication to his job. When consistently called upon to work overtime, Jesse, does so without hesitation. The Water Department has received over 50 customer response cards and letters in praise of his performance. Jesse "goes the extra mile" to solve customer problems and maintains a positive attitude, and always has a smile for his co-workers. Without any reservations, he was nominated and selected as Employee of the Month for 1VIay 1997. ~,6]e..~,'I_PAL,"~: "Employee of the Month" selectees receive a $50.00 cash award. Fu~,ds for this award are available in the FY 97-9~, Management Office budget code 173410. ~[~r~:CObIMF,.~DATION.: That Jesse Komorr, y bc recognized as lhe "Employee of ~he Month' for May 1997. I , ~..~ Michael ^. lVlcNees Interim County Manager HAY 0 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA For the meetin!7 date ,~ April 29, 1997 CLERK'S REPORT -0 Analysis of Changes to Reservas for Contingencies Genersl Fund (001) FY 96~'97 2. Community De~olopment Fund (113) F'¢ 96/97 3. Fac~!itfes Construction F~nd (301) FY 96/97 ANALYSIS OF CHANGES TO GENERAL FUND (001) RESERVE FOR CONTINGENCIES For~ ml~eUng data of Aprit 29, 1997 FY 11)g$-97 RESERVE FOR CONTINGENCIES: ~ Budget 10/01/'96 Current B~lanc~ 4/l&/g7 (Reductien~) or Incre~e= a~ expleined below B.A.. 11-27-ge 12-11-90 48 12-11~3 EXPLANATION OF REDUCTIONS Explanation To repair He bol~ome of lhe a(.tivlty and plunge pool. 64 To pay Utility expenses for Immokalee Child Care Center 68 To repair me Central Library ChSler 12-31-1~ 92 1-18-97 -22-97 119 143 2-11-97 2-28-97 3-17-~7 Reduce trartafer to Road and Bridge due to edcliSonai revenue received fro roadway =weepi:~g and mowirq). To execute the F~ir Labor Standards Act set'dement agreeme~ and releate~ wfth plan~'/I no Ionge~' amp oyed by E. MS. To recognize car~-! forward and rsduco required budget revenues. To proceed wffh Tax Deed Applia~ona for delin~;ent taxes for 1994 t,-tx cerlY,~cstes, $ 4,675,900 , 5,818,419 (R~uc~on)/ (10,500.00) (11,000.00) (14,475.00) 41,300. DG (42,770.00) 1.36.4,600.00 (35.500.00} (80,g~.O0) (12,500.00) (15,500.00) Amendment= amounsSng to ~ th~n $10,000 each: (No.: 29, 17, 88, ~;9, 51, 1~1,182,) (3~,180) Totat R ed,,x~Jorm _.M4o.sT9 AC£11DA ]TEll ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUND (113) RESERVE FOR CONTINGENCIES For the meeting dire of,april 29. 1997 B.A. R...~ue~t 112 1-22,.07 EXPLANATION OF REDUCTIONS Ft,'nds provided by ex'cesa~ c,~rry lo--rd $ 277.400 782.600 Increase S 485,200.00 Total Reduc*Jor~ ANALYSIS OF CHANGES TO FACILmES CONSTRUCTION FUND (3.01) RESERVE FOR CONTIN(3ENClE8 For lhe meeting date of Apr[¢ 29. 1997 FY 1D96417 FOR CONTINGENCIES: Balance 4118/97 (Redt~=tion~) or increases as explained below 2-11-~7 2-24-Q7 R~'iuest 3-5-97 EXPLANATION OF REDUCTIONS Ex__~b, naUon 148 Add,on terry forwacd I~ needed for ongoing proj~ct~ for 1997. 156 Funds no! n,~edad f~ LJgh~g RetroF~, returned Funds he,dad to covs~ [h~ cost of professional lancl:~cnping i~or E~$t 41. $ 294.400 523,733 (Reduct~on¥ Increase 258,5~4.00 (32,000.~10) Amendment~ e. mounfing to h)~ slo,o0o .~:h: (r~o.: 25,210) (12.201.00) Total reductJorm AG£~A ANALYSIS OF CHANGE5 TO GENERAL FUND (001) RESERVE FOR CONTINGENCIES Fo~ the meet~g date of May 1, 1997 REeERV~ FOR CONTINGENCIES: D~dg~t 1C)~01~ Balance ~7 (R~) ~ Increases ae e~lained beic~w B.A. Date Re~LU9 .st 11-27-~ 48 EXPLAIqATION OF REDUCTIONS ...E. xplanatlon To repair the bottoms of the IctN4ty and plunge pool. 12-1 ~ To pay Ul~'(y expenses far Innmoketee Child Care Center 12-11-~ 08 To repa~' the Central Libran/Chiller 12.31-aG 1-16-97 1.22-$7 92 110 119 Red',x:e trar~fer tc Road ancl 9ridge duo to additional revenue received Fro roadway sweep ng and mowing. To execute ~Y,a Fair Labor Standard[ Act Gettlement agreement and releases with plantil~ no longer emplo~¢l by EMS. To recognize carry forward end reduce required budget revenues. 1-31-97 143 To proceed with Tax Deod A~;pliation$ for delinquent ta.xee for 1994 tax certific~tei, 2-11-97 1{~3 To fund gab shedng awards as approved by BCC 12-I 7-96 2-2~-g7 3-17-g7 To fund amargerN--y repl,~i to the ImmokNee Jail, Naple$ .III and building K ice machine. 202 To pay the cost of hiring e new County Administrator. $ 4,075,900 _ 5,818,41 g S=~ Increase (18,500.00) (11,000.00) (14,475.00) 41.300.00 (42,770.00) 1,364,600.00 (35,500.00) (00.~56.00) (12,500.00) (15,500.00) Amandmentl amounting to lets thin $10,000 each: (No.: 29, 17, 68, 69, 51,161,162,) s (3~.~o) Total Reductions MAY - 1997 ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUND (113) RESERVE FOR CONTINGEHClES For the rneetJng date of May 1, 1997 FY 1~9~.97 RESEI~ FOR CONTINGENCIES: C~xr~ Balatx:~ 4/25/97 (Rt~I¢~) or ~llSel l~ explained below B.A. . Request Date 1.22-~7 112 EXPLAh!ATION OF REDUCTIONS Explanation Funds provided by excess cai'n/forward $ 277.400 762,600 $ ..... 48~.2{;)p. (R,IducUorl¥ $ 485.200.00 To:a? R aduc~ons ANALYSIS OF CHANGES TO FACILITIES CONSTRUCTION FUND (301) R~aEI~'~F. FOR CONTINGENCIES: Original B~dget 10/01/~a Currant Balance 4/25/97 (Eeductlons) or increases as e~lained bel~ B.A. Date Request 2-11-97 148 2-24-97 15'3 RESERWE FOR CONTINGENCIES For the meeting data of May 1, 1997 FY 1996-97 EXPLANATION OF REDUCTIONS Explanation Addition carry forward is head,sd for ongoing project~ for 1997. Funds not needed for Ughting ReEofits, retrained tO re~a~t~. Fund~ needed to co¥.~r Ihs co~t of professional I~ndt-caplng for East 41. $ 294,400 523,733. S =.==~ (Reduction)/ Increase 258,534.C0 15.000.~0 (32,000.00) A~)endments amounting to le$.G ['han $10,000 each: (Ho.: 25,210) (12,201.00) Total reduc~o,m~ Ma~h ~5, 1997 COLLIER COUNTY MANAGER'S OFFICE Igr--'-¥T ........... 3 3301 E. TAMIAMI TR. NAPLES, ~ 34112 (94 l) 774-8383 FAX (941) 774-4010 A CERTIFIED BLUE CHIP COMMUNITY .,." Re;'.Reque~t. .for Public Petition - Ordinance 96-16 - No Wake Zone for Clam Bay Dear Mr. Wood: Please be idvised that you are scheduled to appear befox~ the Collier County Board of Commisstoner~ at the meeting of May 6, 1997 r~.garding the ab~ov~ referenced subject. · tittonYoitr to the Board of County Coznmissioners will be limited to ten minutes, 'I:'lea'~ePe~ advt~ that the Board will take no ~c~on on your t~tion at ~is m~ing. Ho~,r, your peli~on rosy ~ plac~ on a ~ agenda ~or consideration at the ~a~'S disc~on. The~fo~, your ~tion ~ the Board ~hould ~ to advise ~5e~a of y~r'~ncern and ~e n~d for action by the Board at a future m~ting. The.me~.ting will begin at 9:00 a.m. in the Board's Cham'~e, en the Th/rd Floor of the Administration Building (Building "F"') of the government complex. Please arrange to pe present at this meeting and to respond to inquiries by Board members. you rt-.quire any further informa.~cn or assistance, please do not hesitate to con,ct thl~'office. .Verf tr?ly youth, ~ ' 15 . ! MIchaal ~ McN~ h~m ~un~ Manager ~M/bp ' :COmmunl~ ~velopment~mic~ Adminis~'ator ~' '- . d~ "' HAY 0 6 v.., 'U~:.': . SIESKY, PILON & WOOD JAMES A. PR,ON, P.A. Board C~,rtified Real Iterate Attorney JAMPS H. S[ESK~ P.~. DOUG~ A. WOOD, PA. ATTO[~NEYS AT LAW March 18, 1997 Mike McNees Acting County Manager 3301 East Tamiami Trail Naples, Florida 34112 RE: Ordinance 96-16 (No Wake zone for Clam Dear Mr. McNees: SUITE 201, T/rtE FAIRWAY BUILDING 10CO TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34102 As you may know, I have previously written letters to the Board of Count)' Commi~sioners on behaffoir -:y c~ents, Te,'Ty and Pay Brzeski, wiI:h r~;ard to the a~ve referenced ordinance. This or~inanc-,e was eo.a~ by the C. ommtssion on April 9, 1996. Since th. at time, I have had several disctmsiorts with different members of Collier County's staff. Specifically, I have spoken with Mr. Bill Lorenz and Mr. Vince Cautero regarding my clients' continued cor:cerns that their property r~ghts ate being taken because the ordinance is overly restrictive. 'For your conveitiex-~ce, I am enclosing a copy of my August 9, 1996, letter to Commissioner Norris along ss'itl~ a transcript of the commission meeting. Since. this ordinance ts extremely important to n~y clients, I request t2mt you place ff6s issue on the Boarcl's agenda for public petiff, o.fl. My clients believe that ff the commissioners are av,'are that they do not have arty access to the Gulf of Mexico, they w-ffl agree that the ordL'~ance should only mandate no wake zon~ during certain times of the day. Thank you for yot~r prompt attention to thi.q matter. rcf Sincerely, Douglas A. Wo<xt AGE~DA ITeM MAY 0 6 997 .IA~.~S A. PR.ON, PA. Boetd Cet~ll~-d Re~ F~t~te Attorney JAM~S H. S'~SKY, DOUGLAS A. WOOD. PA. SIESKY, PILON & WOOD AT~ AT LAW SUITE 1'01, THE FAIRWAY BUILDP4G I °,?.~ TAMIA. MI TRAIL NORTH NAPLES. FLOL~IDA ~9,40 AU~S% 9, 1996 Com~issioner John C. Norris Chairman, Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 R~: Ordinance 96-16 (No wake zone for Clam Bay) Dear Cow~issicner Norris: I am writing this letter on behalf ot my clients ....... ~=--~- and Fa'; ~ Brzeski, who are residents of Seagate. As you may recall, the Board of Collier County Co~m~.ssloners enacted Collier County Ordinance 96-!6 on April 9, 1596. The ordinance, which is known as the Clam Bay System Wa[er Safety and Vessel Control Ordinance, established a no wake zone fc.r the entire Clam Bay System. The purpose for the ordinance according r.o the recitals in the ordinance and representations made by suaff at ~.he commission meeting is to protect the natural resources of the Clam Bay System, During the Co~-mni£sicn meeting on April 9, 1996, Kevin Dugan of the natural resources department represented to the Board that "the ~na~ee protect, ion plan recommended the area as an idle speed zone because of the sea.grass beds in the' area. . Co~missioner ~tthews then asked if there was any reason the ordinance should not be adopted and Mr. Du~.an replied no. I then spoke to the Board on behalf of Mr. and Mrs. Brzeski. Specifically, I informed the Board that my clients have been longtime residents of Clam Bay and have used the area for their personal watercrafts. I also requested that the Board delay adopting any ordinance until after Clam Pass had been dredged to insure that if a no wake zone was adopted, my clients would have access to the Gulf of M~.xico. MAY 0-6 $IESKY & PILON Page 2 Chairman John Norris August 8, 1996 Commissioner Constantine t.hen asked Mr. Dugan whether there was access to the Gulf £rom Clam Bay. Mr. Dugan responded that there would be access to the Gulf within one week. Co~missioner Constantine responded that if "they don't have access to the Gulf, then I'm not sure why we would be worried at, ut protecting the sea9rass because nmnatees can't get to .... " Finally, all of the Commissioners seemed to agree that my clients' concerns would not be a problem since there would be access to the Gulf within a week. My clients have recently info~nned me that they still do not; have access to the Gulf even though the dredging has been comple{ed, i have had an opportunity to speak with Harry Huber of Capital Projects and the proJec~ engineer, Ken Humiston. Mr. Humiston informed me 5her [he channel is currently only one foct deep at low tide and tha~ ~he dredge permit obtained by Collier County from the DE? was not for the purpcse of making the channel accessible [o the Gulf for recreational vessels. 7'his is directly contrary to Mr. Dugan's representations at the April 9, 1996, Commission meeting. My clients now do not have the abiii~y [o use ~heir ~rscna! watercraft in Clam Bay directly behind their home. In fact, since there is no access to the Gulf, their only option is to trailer their watercraft to a ramp in another channel or bay. Certainly, this has severely curtailed the use and enjoyment of ~he property ~hat tkey purchased on Clam Bay and have owned for several years. It is apparent to me that this ordinance was adopted becaus~ many residents in Pelican Bay had complained about noise from boat ~raffic. I think you will a~ree that this alone is not a sufficient reason for adopting a no wake zone. Co~m[ssioner Hancock indicated that ~he purpose of the ordinance was to protect the Clam Bay habitat. But as Co~m%issioner Constantine noted, there is no reason to prospect the seagrass beds if there is no access to the Gulf. I am also enclosing an article which indicates that no wake zones do not protect manatees. Obviously, this is an extremely important issue to Mr. and Mrs. Brze~ki. The no wake zone in Clam Bay is also distinguishable from other no wake zones because there is no access to the Gulf. Accordin~ly, I request that the Board place this ordinance on the public petition section of the agenda. I would also suggest that the Board either repeal the ordinance or amend it so that the no wake zone applies only durin~ evening hour~s or for only a po-.r_io~ of qla~ Bay. AGE~D~ ~E~ MAY 0 6 Page 3 Chairman John Norris August 8, 1996 I believe that is a more equitable solution and will address everyone's concerns. Thank your for your prompt attention to this matter. rcf Sincerely, Douglas A. Woc~J T~rry and Pay Brzeski Commissioner Constantine Co~waissioner Hancock Commissiener Mac'Kie Con~nissioner Matthews MAY 0 6 ,,~-- · : i :It. em ORDI~4"A/{CE 96-16 APPROVING TH]~', ORDINANCE I~OSTZNG T}EE CL2~¼ BAY 8YTF-~ AS A/~ IDlE 8P?_~D ~0N~ - ~0PTED CHAIRMAN NORRIS: Okay. That concludes our morning agenda. And we can move to c, ur afternoom agenda. First item is 12(C) (1), recommendation the% the board approve t~he ordinance posting the Clam Bay system as an idle speed zone. COMi~I$$1ON~-R MAT~EW$: That doesn't seem hard. CKAIRMAN NORRIS: Mr. Dugan, I bet this ii yours. M/~. DUGAN: Mr. Chairman, Board, I'm Kevin Dugan with the natural resources department. This ordinanoe came about as a result of one of the hearings. ~ith the mangrove task force. People in Pelican Bay ware complaining about excessive noise of watercraft in the Clam Bay system. COMI~IS$ION~ HJ%NCOCK: Wo, Mr. Dugan, they're complaining about destruction, of habitat in t. he Clam Bay section. 'We don't want te confuse this ~ith last week's request. ~. DUGAN: Since then, you know, wm have done a little bit of research. We have talked with people with canoes, you know, that have been almost run over by a personal watercraft in the area. The manatee protection plan recommended the area as an idle speed zone because of the seagrass beds in the area. A~.d as a result of tha~, the board has given us direction to come up uith an ordinance. You have a copy of 'that ordinance. I ~ant to bring out something that the county attorney's office brought in that ,we c~it'.ed an inclusion clause, but the copy that the chairnan has has that included with it. CEAIRM3d< NOFLRIS: Okay. That concludes your presentation? MI~. DUGA/~: It's q~ick. COMMISSIONER MATTHEWS: I've got one question. Is there any reason that we shouldn't do this? ~,. DUGAN: Why we shouldn't do it? COMI~ISS!ONER MATTHEWS: U/~-huh. }Q1. DUGAN: No. CXDMMISSIONER MATTHEWS: Okay. COM24ISSiONER ~C¢~2K: I ~.s going to answer t/%at if you weren't. ' ~-~R. DORRiLL: You have one speaker, Dr. ~tallings. And he~$ your only one. COMMISSIONER ~%NCOCK: You need to change your sticker for t. hl~ one, Fram. DR. STALLINGS: Fram Stallings, representing Florida Wildlifm Federation, Save the Manatee C~ub. I just wanted to speak in support of i~. Tile seagrass bads we think are quite important to the overall ecology of ~hat system, and we do have the potential and we think some actual damage to these beds by the personal watercraft. So even though t_his is a small piece of the puzzle, we th~nk it's an important one and would urge your support in the sens~ %hat ~e thir~k it will help with the overall problems that are exist ~ '". now. Thank you. COMMISSIONER MATTHEWS: If the chairman will cl¢ public hearing, I will make a motion. hR. DOR.RILL: We have go~ one additional one, Mr. Chairman. C~LkI.=U'JtN NOR/~IS: We no~; have an additional public s~eaker. M!~. DORP. ILL: Mr. Wood. ' .~S~. WOOO: Thank you. Good morning, Commissioners. My name is Doug Wood. I'm an attorney with $iesky, Pilon, and Wood. here on behalf of a client of mine, Terry Brisky (phonetic). She is a resident of Seagate community on Seahorse Lane. She ~ouid have liked to have been here to talk to you herself, but unfortunately she couldn't be here today. I'm -- my client is opposed to the no-'wake speed, zone for the reason than ~hen she -- she has been a resident of Seagate for quite some time. Her and her family have used the personal watercraft in Clam Bay and have enjoyed that. That's been one of the reasons she purchased the property ~as so that she 'would have the ability to ~lse her watercraft outside of her home. She wouldn't have to take and travel, load them on a trailer and icad then in somewhere. I am told by my clien~ r-hat she does not have access the g~lf t/lrough Clam Bay because of the shallow waters. She ca.~_not get out to the gulf. So if ~he no-~ake zone is imposed, she basically is new going to be forced to buy a trailer for her personal .watercrafL~ and take them -- anytime ~he wants to she's going to have to load up, drive, load them in the w'ater somewhere ~o she can usa her watercraft. I thip~k this is really restricting her enjoymen~ and abili~y to use her property. I am also told by my client -- i haven'= investigated this, but that someone is goin~l to ~e applying for an emergency pe_~-~it to dredge a portion cf Clan Bay hc.cefu!!y to =abe access out to the g~!f more accessible, i guess what I '-'cu!d cn behalf of my client is why don't 'we put this on hold for a · 'while as far as the no -- no-wake speed zone until this is done. We all k-no~ for sure that, one, it 'will be done, and if it is done, ther. that way the residents of Clan Bay that are currently us~.ng this for their watercraft will have the abiii%y -- a= least they '.'cn't he restricted from using it totally. Once this is dredged and they have access to the gulf, they can use -- the no-wake zone 'won't to=a!iy limit their ability. They can -- they'll have access to the gulf. T~ey can use the no wake through to the qulf and use their watercraft, if you impose t~is now, my client~ and other residents who use their personal watercraft right there, they don't have the ability to use their watercr~:ft anymore. Nco- they're going =o be stuck with having to go buy trailers and, you ~ow, basically trailer their watercraft to .another area. They shouldn't be punished. You k.now, they bought their home:~ -- spent a lot of money to buy ~heir homes on the bay so one of the enjoyments they could have ~as to their personal watercraft. I don't think it would hurt anything put this on hold until the d~redge permit is obtained, and that -way clients like my -- like Miss Brisky would have the ability ~o still use their watercraft. C~{AIRM~ ~ORRIS: Thank you. COM){ISSIONER CONSTANTIN]'i: I have a question either for ~r. Dugan or -- is there acc~ss? M~. D~3GA/~: We have dredging -- excuse me, t'. dredging Clam Pass now. According to the schedul. should be done there -- COMMISSIONER HA/~COCK: ;%pril ~$=h. MR. DUGAN: -- within the week or within a week, and at that time there would be access to the gulf. COMMISSIONER CONSTANTINE: Very important issue because o~viously if they do have access to the 'gulf, it solve~ the problem as far as still not needing to buy a trailer and so on. If they don't have access to the gulf, then I'm not sure why ye would be 'worried about protecting the seagrass because manatees can't get into -- ~[R. WOOD: And, again, I haven't investigated -- my client called me about this issue last night. But I'm told by my client that the only way she's going to have access to the gulf right now is during the high tide hours. When t. he tide is at its highest is the only way she can have access to the gulf. 0them-wise, she doesn't have access to the g~lf. COMMISSIONER HANCOCK: Please, Just a second. There -- there's a lot of history to Clam Pass, W_~. Wood. And I was dom there when they began digging last week to reopen the pass. The -- you know, t~he idea that someone '.'ho had bought in' Seagate can't operate behind t_heir house, they have to go operate somewhere else, is kind of transferring the problem fro= one area to another. Access in and out of Clam Bay for shallow -- it's not created for vessels. I~'s created for an ecosystem, and it was that ~ay when they bought. This pass is open and closed naturally over time, time and :im~ again. And client, if they have lived there long enough, should k~no~ that. So ~hen they bought, they bought k~nowing that that pass is not a navigable pass with a maintenance plan that ensures them access to the %-u!f. So that's not changing. The other part of ~hat we're doinc here is come-!stent 'with the manatee protection plan .that ~hi~. board adopted in agreement · with the state. So if we don't po~t it, it's s~ill a facet of that plan and still applies. By posting it al! 'what 'we're doing is creating an enforcement issue. A,nd so the pass is being opened. The pass needs to stay open for that system to func'.ion. And if that restricts vessels in some way -- this is ne~ a posted navigable pass, so it wasn't that way when %his person bought there. $o I'm not so sure this is a dramatic reduction of their rights as you've stated today. KR. WOOO: Well, I'm going to respectfully disagree with you -- COM24ISSIONER F-~NCOCK: I thought you might. MR. WOOD: -- on a couple fronts, Commissioner. One is you're right. She may .-- when she bought she may not have had access to t~he gulf at that time. You ara right there. I don't know. She may not have had that. It may have been navigable and not navigable as tame has changed. But what I'm saying now is that when she did buy, she did have the right to use a watercraft %here at that time. She's always had t_he right to ~se her ~ersonal watercraft. She's, in fac~, used it over there over several years. If you base -- if there is not access to the g~llf at ~Lhis time and now you come back and you ban her right to use her watercraft, then you are basically taking a'way something she had when she bought. ~ - b,cause by the end of ~he week it's going to be open again, '~0 it s,aems like we would all be happy now. You know, we're - weMA¥ apologize, but mother nature closed it. We're get%lng t open as fast P9 .~ as we can. It's going to be open in about a 'week, and then this -- you k.now, she'll be happy again. ~R. WOOD: Okay. And, again, you know, my understanding vas that the dredging was going to be done, and if I'm told that the dredging is going to be done and that they are going to have access regardless, you know, of whether the tides are low or high, then you're right, it's probably not a problem. CHAIRF~ NORRIS: Thank you, Mr. Wood. Mr. Dorrill, is there anyone else? M~. DORRILL: He was the last one. CI{AII~ NORRIS: Okay. we'll close the public hearing. COM~[ISSIONER MATTHEWS: I'd like to make a motion to approve. C~M~ISS IONER MAC' KI£: Second. CW~kIP. w3~N NOkRIS: ~..otion and a second to approve. Al! t_hose in favor, signify by saying aye.. All opposed7 That passes five to zero. · A(",Er .DA..ITE MAY 0 6 COIJ.IER COUNTY MANAGER'S OFFICE F. ']~H¢:k R. Pauly Realty, Inc. ' 'J~ 9'~ A',~nue North N~t~, Florida ;!~ll08 3301 E. TAMIAMI TR- NAPLE.f, FI. 34112 (94 l) 7744383 FAX (941) 7744010 A CERTIFIED BLUE CHIP COMMUNITY R~ Reque, t for Pub;it Petition - 1-75 ~lmmok&lee Road, Parcels A,B,C - BrenD, vood Extension of Zoning t)aat Mr. Paul): Please be advised that you are acheduled to appear before the Collier County Boa~rd of Commissioner~ at tNe meeting of May 6, 1997 ~ardfng the above referenced subject. Your paligon k~ the Board of Count)' Commissioner~ ;~,itl be. }imiled to ten minu~es. P.k, ftr~ ~ sd~ ~at the ~ard will ake no acHon on your ~on at ~.is m~ng. Ho~, your pa~oo, may ~ placed on a fu.~r~ agenda for consideration ;~t the B~', dD~Hon. Thin, fore, your ~tiaon to the ~ard should ~ to advise ~em of · .your contra and the nc~d for ac~!on by '.:he Boaixl at a f%l~l~ meeting. T!,~ meettng ,,viii t,4-,g~in at 9:00 a.m. ia the Boal~'s Cham~ on the Third Floor of ~c Admtnis~io. Building (B~tlding "'~') of the government complex. Plea~ arrange be p~t ~t thi~ mee~ng and to ~ponCl to inquirl~ by ~ard mem~. If you require any further information or assistance, please do not he~itate to contact this office. i~ h-uly yours, l~ch~el A. McNees l~M~,rlm ~un~ Manager c~ 7Coun~ Attorney . ~mmuni~ ~velopment & EnvironmenNl ~ic~ Division $8$9'TTH AVENUE NORTH * NAPLES, FLORIDA ° 34108 · PH. (941) 597-8111 ~ 24, 1997 Mr. Mike McNees Int~tm Oouaty Colltec Co=nty Government 3301 Tram/am/ Trail East, Bcttldi~g Naples, Flor/da 341 t2 1-75/im~okalee P~, P*3,rcels A,B,C File No. 88.101 P!mame cor~ider this a ~T~est for a public petitic~ to re~n~ider prior B.C.C. act/c~ ~n ~ 19th, 1996 that required an am~t to the Br~ntwc~d P.U.D. (Ox~ ~0-45) as opposed to a t~ ye~ar ext~ic~n r~~ by County staff (s~m attached minutes). I am requestirv~ tb~t this item bo placed on your May 6t3~ T~ basis fc~ the B.C.C. action for Brentw~, which was the limit petitio~ ccq~er- got~ sur~t review, wes a concern r~lated to th~ perm/ttmd u~e of m liquor store, e~t~ %fitch or w/theft o~ site premise.. ~,m~ptio~. ~%at may not ~ ~n cl~r at ~ ~ltc ~i~ ~ t~t ~e ~y ~'a~ ~t~ for retail ~ ~ ~ t~ty a~ P.U.D. ts ~ 1.4 a~ ~ (1). ~e ~ of ~ ~ty ts ~tt~ to ~ ~~ f~ a ~s P~k ~ ~la~ ~ U~ (~ at~ P.U.D. ~ P~). ~ (1) is ~rat~ f~m ~ ~y ~ ~ ~t, ~i~ is ~- el~ ~ a ~, by + ~- 300 f~t ~ ~ ~1 ~t~ ~ ~ ~les ~ re~ ~ ~tt~ ~ ~ (2) ~ ~ ~le ~a~on f~ ~s ~t~ ~ ~ (1) ~e~ a liar s~ ia ul~te!y ~lt ~ ~t (1) ~ ~ ~t. With z~mBard to c~tio~ o~ pr~mtses, such a ~ ~d ~t ~ ~~ ~ ~act (1) ~.~t B.C.C. ~1, ~ ~ ~~ ~ ~ (1) ~ ~ ~ ~ ~~ ~ ~!et~ ~, ~ ~ ~ ~ ~s~ili~ ~t a li~ ~ or ~ ~~ ~-si~ ~ti~ ~d ~1~ ~ ~ ~~ ~ is ~t~ sui~ for ~ ~ic~ ~ ~i~ ~hlic s~ ~ ~1~ ~~ s~ti~ ~ ~-~~ s~ ~ ~ l~e. MAY 0 6 ISS7 1~. Mike Mcl, k~ l~er~L-'wcx:x:l ~ l~le No. 88.101 A~::~:L.1. 24 ~ 1997 P,~je 2 In mal~ary, based on the foregoing, I would like to request a two year extensio~ of tbs ~ for the Brentwoc~ P.U.D. to a%~id the time and expense of amer~ it and brochure I believe the zoning for the pro~.rty is appropriate for reasorls as r~ted. Ver~ truly yours, Fr~drt~ R, Pauly, Trustee Attackers ~.~.~;~ [- -/~&z [;mr+,n~.~-/mr~--s O~ +~'& Nov~r 19, 1996 a~enda at t~6earliest cg~enlenu ,~ · to di ~s~ t~e ~6t ~e. a~lication or ~lding pg~it or bo~? no ute if we/need to~e that disti~ion now. ~ut if bund -~if -~~~e~it issue is, in fa~a code ~Caute~ ~ade that rec, uoat~on,' so i ~z CQ~ISSIO~R Okay ~...~ have motion ~d a ~IRPERSON Okax. We a " u~..~genda Ail those in se~nd then to bri. .is back on a reg · favor signify 'ing a~. ... ,'" ~posed? / CHAI { NO' ~: Thank y~/~. Cautero: Thank you Miss L~~ ~ / ~S. LEE: Th~k you. It~ ~8~ RESOLUTION 96-515, AFFECTING ORDI~U~NC~ 90-45 ALSO KN(F~N AS BREN~WOOD pUD ,.- R~QUIRIN~ THE SU~Mln~AL OF A PUD ~ - ADOPTED AS AMENDED; APPLICANT TO C(kME BAoLK WITH PUD A)~E~ENT WITHIN SIX ~DNTHS CHAIRPERSON NORRIS: Next iteM, staff review and recommendation relative to ordinance 90-36, the Brentwood PUD. MR. ~: Good morning. For the record, Bob Mulhere, current planning manager. There are two of these petitions on your agenda this morning. And in speaking with the county attorney's office, they have some general comments relating to the PUPs that are going to be reviewed for the sunsetting provisions of the code. And so prior to having Mr. Bellows make his presentation, Miss Student would like to make a few comments. MS. STUDENT: Good morning, commissioners. For the record, MarJorie Student, assistant county attorney. I've written a memo to Mr. Weigel, just written it to him, that's basically a response to Mr. Grosso's opinion which I believe Chris Straton forwarded to the commission. I'll just make a couple general comments, and most of this does not even affect the PUDs that you're going to be reviewing today, but I do not agree with Mr. Grosso', opinion. Fora one thing, it fails to acknowledge that any action the board may take on any of these PUDs, if it changes us~ ~r . intensity or density will require another ordinance, and ~hatAGS~DA Page 12 pg. November 19, 1996 c~dinance will be subject to the Burr Harris Private Property Rights It also ignores that if the propergy owner does not come in with a PUD amendment pursuant to the sunset procedures, the k~>ard's authori=ed to hold public hearings and rezone it to an appropriate zoning designation consistent with the comp. plan. That ordinance would also be subject to the private property rights act. And Grosso's not correct in his ana!ysi~ in my opinion. Also the act govers the reasonable investment-backed expectations that a property o~er might have for the property. And if there is a significant reduction in density or change in land use that affects the fair market value of the property, that could trigger the private property rights act as well. It is our opinion that each of these PUDs needs to be reviewed on a case-~.y-case basis, ~nd i am doing that with staff before they come to you. And I find no particular problems with the Pb~Ds that are coming to you today. Other items that we need to k,~ concerned with are those that have gone through zoning reew~luation, vested rights, equal protection, what I call large lot zoning, because there's case law out there ~hat states if the density's taken too far do~ al'~d you're not needing the housing needs for low ;uad moderate income individuals, that ghat ordinance is invalid because it doesn't meet the general welfare requirement of th~ police power. And another concern I have is with the nature of the on ' there's case law in Florida that indicates you cannot impose PUD lng on property without .the property owner's consent. There's no case law out there about amendments;. But I just want to present to you .~hat it's important to work with the. PUD property owners ~hrough this process because if we impose something on them without their consent, again, there's no case law, but there's a legal argument that could be made that this is a cooperative process between the property owner and the gover%%ment and you've imposed this over my objection. And I don't know what a court would do with it, but I just need to put these items in the record and let you know what the parameters may be. Thank you. CHAIRMAN NORRIS: Uh-huh. Miss Student, let me ask you one question on that. MS. STUDENT: Yes, sir. CHAIRMAN NORRIS: You -- you -- I'm not sure I understood you quite correctly. I thought I'd like to. You said if we change -- amended'a PUD and made a new PUD ordinance that the ~new ordinance would be subject to the Burr Harris act --. MS. STUDENT: That's correct. CHAIRMAN NORRIS: -- but not after we had initiated it. MS. STUDENT: I beg your pardon? CHAIRMAN NORRIS: Not un -- not until after we .had made ~n amendment and -- and approved tkmt. ]~. STUDENT: That's correct. C~AIRPERSON NORRIS: Okay. MS. STUDE~T: It would have to be an adopted ordinance Page 13 MAY 0 6 1 97 November 19, 1996 and that trigger date is on or ~ut May 12, 1995. CHALKMANNOR~IS: Okay. Th~mk you. MR. B~_.T4~WS: For the record, Ray Bellows of current plamxu[ng staff~ And I'm presenting ~.~e Brentwood PUD to detezm~ne the courEa of action relative to the sunset provisions contained in section 2.7.3.4 of the Land Development Code. ~nis section re~ires the project developer to mutant a~n anz~ual r~port on t~e progrsss of davelop~%nt cc~mue~ncing with ~he fifth ~niversary of ~b,e PUD approval by the ~ of County Commiszion~rs. T~e ~in~Fular purpose of this report is to evaluate whether or not the project has ccmmence~ in earnesu and is in accordance with ~he criteria set forth in section 2.7.3.4 of the Land Development Cods. TT~e PUD is located on the southeast corner of 1-75 and Immokale~ Road. It contains 18 acres and is approved for 12,000 squarm feet of commercial uses on a lo4-acre tract and 95,000 square feet of industrial unes on 10.8 acres. The PUD contains -- als,) contain~ 5.9 acres of preservation, op~ space, and retention areas. Thm total square --- ~x/m,um for a commercial industrial is 107,000 The permitted uses include such things as clothing stox'~s, cozI>orate headquarters, a~s,~nbling, packing, and fabricmting plan~s operation&, financial institutions, florists, research offices, office su~ly, business, medical laboratories, retail uses~ restaurants, warehousing, wholesaling, and storage and ~stribution. Based on staff review of the auDroved land uses, the -- the Collier County ~rowthManagem~mt Plan designates this as a inter..c~snge activity center which permits ind.ustrial uses. The umes coHTa-~2~ed in thi~ PUD, therefore, are c6nsistent with the Growth Management Plan. Staff has not received any letterm for or against this petition. Therefore, based on a comprehensive review of the PUD document, staff recommm_nds that the Board of County Commissioners grant a two-year extension of the Bren=wood PUD. i'll be happy to answer any questions. C0~MISSIONER HANCOCK: Mr. Bellowm, anywhere in this PUD -- amd I didn't come across it -- does it require a con, non architectural theme within the project? MR. BELLOWS: At that time we were not requiring such thin~s. C0~MI$SIONER F~%NCOCK: But at thi~ time we are and easily could~lthout triggerin~ th.s Burr Harris Private Px~perty. Rights Act. ~ISSIONERMAC'KIE: As well ms landscaping, buffering~ parking. .w~. ~TZ/{ERE: Ail -- MR. B__~U_?_~WS: That is consistent. ~R. ~JLHERE: Ail of -- all of that would a~ly -- ~NORRIS: Who are you? NR. MUI~R~: -- including th~ architectural standar~W~. CH~~ON NORRIS: Wl:o are you? Pag~ lA AGEHDA ITEM 0 6 November 19, 1996 px~Dc£p~l, u~e under DS, liquor stores. CGMMISSIO~ MAC'KIE: I didn't have any problem with yof the -- with the uses, alth0ug~ I'm interested in tall Who are you? COMMISSIONER MAC' KIE: I~R. MULHERE: I'm sorry. For the record, Bob Mulhere, your current planning manager. The way we w~ote the architectural standards, we wrote that to apply to all existing PUPs in Collier County. COMMISSIOhq~R HANCOCK: Okay. But would it require of the parcels interior co the PUD a common architectural theme among them is wP~t I'm asking you becau~e all the PUDs that coma in now, commercial PUDs and so forth, whet:her it's shopping c~nter or what else, we have been'requiring that they have a common architectural thee interior to the boundaries o~ the PUD. Our architectural standards, as I understand it, only requires a common signage plan but not a common architectural the~ne. COM~ISSIONER M~C'K~E: Bless you. HR. ML~HERE: Well, I don't think that the PUD, if it doesn't have the language, would require a common architectural theme internal to the PUD. However, the commercial -- the architectural standards would apply to the commercial property. CO~MISSIONER NJ~COCK: My point is we can add that. If we're going to extend this PUD, we can extend it with modification. And if that's not contained, it's something w~ should add is my -- my opinion. MR. MULHERE: In the form of a PUD amendmunt. CO~{ISSIONER HANCOCK: Okay. The second questiom I have is under principal retail u~es. One of our favorite~, automotive Qarvice stations, is in there. But what brings me more concern is iquor stores. If you look right across the s~ree~ on the ma~, you've got residential commun-itieu. Thi~ is not e~ctly a heavy commercial area-or something like -- you know, like.on trail east where you've got strip commercial and so forth. So I'm a little concerned about a liquor store, particularly if that implies or allows for any type of -- of adjoining club similar to ~at ABC typically does. COMMISSIONER MAC'KIE: Right. COMMiSSIO~_R HANCOCK: So in looking at principal retail uses, that's -- liquor stores is the one that I have a little concern about and -- COMMISSIONER MAC'KIE: Of course, that is a private property rights -- CO~ISSIONER HANCOCK: Well, again -- COMMISSIONER MAC'KIE: -- potential issue. COMMISSIONER HANCOCK: No. They -- but they have to, again, Drove that that is -- that takes value from the land, and,' you know, I think that -- COMMISSIONER MAC'KIE: You've left a reasonable value. COMMISSIONER HANCOCK: -- one use out of seven hundred is not gonna hurt them. So those are the two things that come to mind. One, I'd like to require a cc~maon architectural theme interior ~o the project among all parcels; and second is the removal of Page 15 AGEHDA)~I~M HAY ~ 6 [597 November 19, 1996 that -- maybe limiting that club relationship with a liquor store unless that already would have to come in for a conditional use or some special permit. I mean, does a liquor store include the concern that Commissioner Hancock has? Can you tell us? MR. BELLOWS: Basically that falls under a package store, not a night club. COMMISSIONER ~%NCOCK: But because we're not on SIC codm~, I'm worrie~ about a little confusion there. COMMISSI~ .MAC' KIE = Uh-h~lh. COMMISSIO~ HA~NCOCK: I thi~k it's just easier to remove it all togm~her. CC4~MISSIONER ~'~,C'KIm.: The -- ~.~f concern, my -- my issue is Just if we eJ(tend this PUD for two years, do they have to construction meet e~ez~ single e~i:;ting code right now with regard to landi~caping, parking, architectural? I(R. BELLOWS: Yes. The current l~,]dscaping code would apply. COHMI$SIONER }~AC'KIE: That's one ¢tuestion. MR. BELLOWS: The current architectural ordinance that Bob )~ulhere expressed would be applied. COMME/SSIONER MAC'KiE: But Co~issioner Hancock had a question about the uxternal instead..of just internal, so -- so I don't think the answer is everything applies, a~d that makes me nervous when you're saying everything does. I want a more detailed response than MR. BELLOWS: Where -- where tlhe Land Development Code takes precedence over issues that are not completely addressed in the PUD document, where the PUD documen~ currently e~presses strict: gLridml~nes or development standards, the .PUD would apply. And if you had a problem such as one of the uses or concerns, that would have to be addressed through a PUD amendment. COMMISSIONER MAC'KIE: But -- but why then, for example, would -- have we had the problem with out parcels at -- in commercial development if our code requires co~on architectural themes? Do you understand my question? Am I not ~ing clear? COMMISSIONER HANCOCK: The cod~ doesn't. COMMISSIONER MAC'KIE: Well, that's right. So -- so if we want to make that change, we have to make it individually docum,ent C(iMMISSIONER HANCOCK: Except what l~r. -- and again, I'm not going to answer for Ray. He's a big boy. But if you look in the PUD under signage, it says whatever's in effect at the time, under landscaping whatever's in effect at the time, so they have to come · current by virtue of the verbiage in their PUD. MR. BELLOWS: That's -- that's the intent of ~y answer. COMMISSIONER HARCOCK: Where we need to have -- because this is the first to really come back in front of us, where we need to h~ve a comfort level is that our pl~u~ning staff has gone through here and ~lagged everything that may not be consistent with the standards that would be applicable today. And let me give some examples. Set. backs, if =his were to come throu~;h today in the foz~ of & age 6 MAY ~g._ ..... November 19, 1996 Oat co.~m~__ercial classification would it be given, what are the setbacks in that zoning district currently in the LDC, and does this PUD meet those setbacks that we would require today? You know, how fine a tooth comb have we gone through with this is probably the -- the level we're -- we're looking for. COMMISSIONER MAC'KIE: That's the crux of my question. MR. BELLOWS: Basically the setbacks and the development starboards ia -- are consistent with current I~.ndDevelopment Code' regulations az%d -- for industrial and commercial. CO~4ISSIONER ~ONSTA2F. rINE: An,~. I ~nderst~nd the -- I mean, obviously we all kno~ the pu:rpose of this exercise is to a~sure that PUPs are updated or maintained at real time standards, at current day standards. And,I understand we're also concerned about the Burr Harris act and so o~, but I just w~nt to make sure someone who speculated for yearg and years and years isn't rewarded by -- allowed to have a higher use or given lower restrictions than someone who happens to purcl~$e their property and develop it promptly. And I think that's all we're asking is make sure everything is following the same lanes anyone else would have to follow. MR. BELLOWS: Yes. Based on staff's review, if this PUD were to come in today, ~ese uses would be consistent but per the board to revimw more the specific one such as the liquor ~1 -- store or automotive repair. You would discuss that during any public hearing for any new PUD, whether those uses are deemed compatibles. COMMISSIONER MAC'KIE: But you'd recommended that we on't do anything except extend for two years. ~R. BELIX)WS: That's correct. COMMISSIONER MAC'KIE: And ~ realiz9 this is our first one;-" MR. BELLOWS: This is an interchange activity center, so COMMISSIONER MAC'KIE: I understand. MR. BELLOWS: -- those uses are deemed co~atible. COM~F/SSIONER MAC'KIE: I understand about the uses. MR. MULI{E~: Maybe it would k~ helpful if I provided you with some indication or information as to how we did review these. And we -- we distributed all of these PUDs to all of the normal reviewing agencies that would look at a PUD as if it was the very first time it was being sub~itted. It went through environmental review. It went through transportation review. It went through engineering review. It went through planning review. And th~ singular purpose or intent was to identify areas of inconsistency. Now, we identified all those areas of inconsistency in all these PUDs. We did not necessarily look at specific land uses. If commercial zoning was consistent with the comprehensive plan, then we indicated that this is consistent with the comprehensive plan. We didn't -- we didn't look at whether or not a gas station was appropriate, although we -- we understand that the board may want to look at these issues. So float wam the purpose in this particular PUD of Orecommending because overall the PUD is consis~ with the approval Page 7 MAY 0 6 5S7 November 19, 1996 comprehensive plan and generally consistent with the Land Development Code because it's silent on such issues as landscaping and architecture, so the LDC would prevail. Other PUDs that maybe are inconsistent in terms of preservatio~ or landscaping, we're going to identify those inconsistencies for you. But generally we've looked at these and said if they're consistent with the comprehensive pl~ and there ar.~ no glaring inconsistencies, than our recommendation is a two-year extension or has been. Obviously we're gonna, you k~ow, take direction from the'board and go back and do what we need to do based on your direction. COMmiSSIONER KANt: I have a level of comfort with that if we want to see if there are any speakers. CHAIRMAN ~gRRI~: Yes. Mr. Dorrill, is there any public s~eakers? lfR. DORRILL: No, sir, there are not. CHAIR/4A~ NORRIS: None? COMMISSIONER HANCOCK: Z4r. Chairm~n, what I'd like to do is make a motion that.~9._a~v_~et.h_,e. o~_rdLnance 90-36 with the following changes: One is to require an intezn--~-~l--~0mmoh architectural th=me throughout the project and that we include standard language in that regarding what the architectural theme refers to such as roof materials, exterior textures ~nd colors, and, if you will, the standard Chinese menu of that. The second thing is to remove principal retail use D8 liguor store~ from permitted uses in the project. Those are the two elements of -- of my motion. CO~/~ISSIONER CONSTA/TTINE: I'll second your motion. .... CHAIRMAN NORRIS: Miss -- Miss Student has a little conversation about that. MS. STUDENT: If -- Mr. Chairman, if I might, you -- any text changes to a PUD need to come back at a regularly advertised public hearing and go through the process. I just want to make sure in your motion that you envision that this PUD would be brought back -- would be extended but be brought back for those changes. CHAIRMAN NORRIS: 'Yes, ma'am. COMMISSIONER HA~COCK: Certainly do. Motion -- ~. MULHF~RE: And I'm sorry, I have one other question. Would that be then brought back within ~hat two-year period? COMMISSIONER HANCOCK: It should be brought back to the first available agenda as soon as the changes are made and advertising is adequate. ~R. MULHERE: The sunsetting provisions provide a time frame of within six months. COMKISSIONERHANCOCK: Okay. MR. MULHER~: And so the -- the options that the LDC provides for the board are to require the applicant to amend the PUD ~ithin six m~nths or to extend the PUD for two years. And then, of course, if the applicant chooses not to amend the PUD within six months, then the board has the option of rezoning the pr_?perty to what AGENDA ITF.~ Page L8 ""- -'~ HAY 0 6 November 19, 1996 O says -- the term that's used is an appropriate zoning district. So if I'm understanding correctly what your intention is, you want the applicant to come back within six months and amend the PUD. So we would only then want to extend that PUD for that period of time if -- if I understand your intent correctly. COMMISSIONER MAC'KIE: I think that's our only option. If wm bare a broader option under the ordinance, I'd like to'know ~out it. Bu~ I think the way the ordinance is written, that's what our authority -- those are the limits of our authority. CF~IRMA/{ NORRIS: Okay. We have a motion and a second then. I think the direction is finally clear. COM)~ISSIONER MAC'KIE: I got one more question on it. CHAIRMAN NORRIS: All those in favor signify -- COMMISSIOneR M~C'KIE: Wait. I got a ~lestion. I have a ql/estion on the mqtion. CHAIRMAN NOP~IS: -- by -- by -- COMMISSIONER CONSTANTINE: And so say. CO{4~f/SSIO~RMAC'KIE: Okay. Then I'm not voting. I got a question. ~; question is ar~ we concerned about -- we're directing the -- the applicant -- we're directing the property owner to come back in with a petition including those two changes to his PUD. But today we're not voting on whether or not -- I'm not sure if I agree with the liquor store change or not. ~IRMAN NORRIS: Well, i~'ll come back on a --, MR. MUI2{ER~: We can bring ~hat forward to you during e PUD amendment. CO~MISSIONERMAC'KIE: Okay. ~R. MUI/4ERE: And'we'll look at all of the issues in the PUD Dnce it comes in for amendment. COM~ISSIONERMAC'KIE: Okay. COMMISSIONER CONSTANTINE: The motion is to direct the owner to return with those amendments to the PUD. COMMISSIONER MAC'KIE: Okay. COMMISSIONER HANCOCK: Correct. Is that consistent with the process as you see it,. Mr. Mulhere? MR. MULHER~: Within six months, yes. COMMISSIONER HA/~COCK: Okay. Yes, that is the direction contained in the motion. C~AIRPERSON NORRIS: -- by -- by saying aye. (No response) Page 19 AGENDA ITEM MAY 0 6:9.Q7 ~:CUTIVE S UM/~RY STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 92-7, AS AMENDED, ALSO KNOWN AS TIlE IL ROBERTS ESTATES PUD, WHICIt, ACCORDING. TO THE REQUIRED PUD STATUS REPORT SUBMI'FFED BY TtlE PROPERTY OWNEILtAGENT, HAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3,4 OF TI~E COLLIER COUNTY I.~ND DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER. ~F~,j. Staff is rcquesling that thc Board review staff's finding~ end rozormn~r~l~tions regarding thc abo~.- rcfcren¢cd PUD. ~..Q~~N,~: T'iai~ PUD was ori$inally approxx>d c,~ .lanuas, 2.7.3.4 offl~ Collier C~nt)' Land Dcvclopmcct m~it ~ s~ual rc~ on thc pr~ss of de~iopm~, com~)cing ~ tt~ fifth mmiv~r~D' of fie PUD ~pprovat by thc Baird of County Commis=im~. ~c singu~r pu~ of this rc~n is ~o cvahutc xvhcthcr or not thc p~j~t ~s comn~nccd in ~st in ac~ with t~ criteria ~ct forth in Section 2.7.3.4. The above m£cmnced PUD has been idcnlificd as a project xx~ich has hOC conunenoxl construction as defined in Secdon 2.7.3.4. Staff has utilized the required PUD stalus (monitoring) report, ~upplementcd by field observation ~nd review of' in house records to verify the ca,rent status of thc PUD and az the basi~ of a recommca~dation to ~hc Board consiste~st w~th the, options provided in Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads as follo~x~: ZZ$.4 Time limits for approved pLrD n~rter plans. In :he e~x~)t that a PUD mw~ter plan ts give. apl,.ro~zl, and the landm~ntr(s) shall: L Fall to obtaln approval for lmprm~nent plans or a de~elopment order for eli Infrasfructure imprm~ementt to Include utilities, roads and similar improvements required the approved PUD matte, plan or o~ker develotn, nent orders for at least 15 percent of the gross lend ttrea of the PUD ~tte J~e years of the date qf approval by the Board Of County Commlssloner~; and 2. Fail to receive final ioca.I development order$ for at It~rt 15 percent of the total number of approved d;~wlllng units In PUD, or in the case of PUD'x cond~ting of nonresidential u les, 1 0 6 1997 I $0 percent oft/ye total approved gross leasable floor area wlthln the PUD every slx year~ of the date of approval b), the Board Of Co~nO, Commlssloners; The project devdoper shall st~bmit to ibc Plennlng Services Director o s~atus report on the progre~rs of developmo~t annually ~mmenclng on the fifih annlvarsaO, date of the PUD approval b), the Baard ~r Co~nt), C~mmissloner& The singular puff rose of the refx, t~ will be to m'aluate whether or not the groJect has commenced in earliest bJ accordance with the criteria s~ fonh abov~ ,¥houM t,Se Plannb~g i~rvlces Director determine that the development, has commenced la earnest, then the land sbaR retain lt~ ~lstlag PUD approval and shall net be xubje~ to additional revi~v and consideratlon of n~ d~'etop~ent ~ndat d~' or use modification. $'hould the Pl~.'nnbtg Services Director deferrable that the development has .or commenced its earnest, then upon rcvle~v and consideratlon of the re?oct provided b), tl~e owner and an j, su£.plemental lnfornmtlon that maj, be provided, the Board Of Count), Commlssioners ~liall elect one of the followbtg: To ex'tend the current PUD approval for a maximum period of t~vo years; at the end of which time, the owner ,viii again submit to the procedure aa defined herein. Require the owncr to submit an antended PUD b~ which the unimproved portions of the orfglnal PUD sltaii be consistent with the Gromth Managetnent Plan. The e. xlxting PUD shall remain in effect until sub~.~lUent action by the Board of the z~ubndtted antendn~nt of the PUIX If t,Se owner falls to submit an ~trnended PUD witistn six months of Board action to ~lulre s~scb on amewde~l then the Board may ln~tlttte unimproved portions of tile zoning classification consistent with the Ftt~re Element of the Growtlt Man,agem~t Plan. aptwo~l and oplwoved as port conformance with F.~, ~vnoosim of Auorovcd Land Uses: Thc subject 39.90 acre PUD ~as approv~xl for 24 ~ ~il7 ~nd 79 multi-family residcnt~al d~:ilJng units. ~c PUD al~ allo~ 2~,0~ ~ f~ o~ ~erc{31 u~es on a 18.6 ac~ tmcl. Some o~ the major u~ include: a~l~ ~; b~my shops; b~; ~ storc~; dcli~tess~; el~tfi~ supply ~o,~; ~ ~fly ~o~; hospitals; ~t markets; nmv ~r sales; o~cc; ~u~ ~ mrna. ~ u~ am similar to thc ~m~i~ u~s list~ in ~c C4 7~ing; Di:tdct ~ I~. In ~ktifio~ ~ PUD ~orovidc,s for 4.10 acre historic n~ou~ ~ for ~lili~g~x-~:~~~£q~jh..~[~n.L~e2.t. Pls .n.L. The subject PUD deri~ Commerce Camt~ - Mixed Use. on t}m !nunoi,.alee Future Land Ug Map of the hm;~cak,~e Master PLxn. 'Ilfis district i, desig~'~ed to ~mction as an emploament center ~nd enea~rage~ cr, nunereial and insfitutiorulJ Im~d u.m.s. The uses pennitt~ within this districr~ L~lude r~opp/ng ¢o~cr~, governmental insiitutions, and transient lodging facilities. B~cd on staff r~'vk'w of the approved commercial uses, thc PUD is consistent with the [mmmka~ec Futura l~ar~5 Use Element. In addition, this district ~nnics residential dx~x:llin.g-: ai a maximum dcnsily of 12 units per acre. Since thc PUD pcm~its a total of' dwellings, the rc, ulting density is 4.84 units leer acre is also consistent with the Density R.v, ling S:,'~tmn. Therefore, the R. Rol>ert's Estates PUD is deemed con,istcnt x~ith the l~anok2,1~ M,~.'~e.r PIma with minor revisions to the PUD document. .(,~L~tj~ten¢¥ wilh Ibc Colt[tr Cou~n..~ l-l~nd Dev¢lo_oLncnl Qg.d_e.~ ~ PUD has been distributed to the appropriate j u risdiction rcvic~v entities ~pecifically for review of the PUD for consistm~cT wi~ current land demioprno~t regulations. B-~__~:O_ on fl~a.t rexicw, the following inconsistencies have been identified: Transportation: Sccfion 7.6 of the PUD (Traffic ~s, access n'~-,a~t, etc.) No ino.,'nsistencies x~:re reported hoxx~cr, gaff ad~ims thai c, main reftxcnces shorald be cJaanged to reflect current acLministrativ~ rcgulatie~ it'dm PUD is to be ~_ Ea,'ironmental: Section 7. I0 office PUl') (Pmt~xaed Sp~:xfies, 1~-6-~, ~ open spaces) No ira:o,'~ist~cie~ were reported howew:r, stuff advises thaa certain references should bc dmnged to reflect current references if the PUD is to be F..agineering: Section 7.9 of the PUD (Sewage/Water, drainage issues) 1~> iramvaiste~cies were reported hm~:ver, staff advise~ that certain re:~'erenecs should be changed to reflect current administrative ~egulation if the PUD is to be amended. Architectural Theme: Thcre are no architectural theme requirements that ~ere ,~dopted with the approval of this PUD. However, iecticm 2.8 ofthe Land Development Code provides architectural 'and site design m'lants tlmt ~511 be applied during the site development p!an (SDP) rehew proca~s lc, any commercial development within this PUD. HO, ~ MAY 0 6 1997 ~__A FI~' COMMENT$~ Staff' Ls of thc opinica't that thcrc i~ insu~cicat justification to r~uirc ~ oxx~cr to submit ~ a~ PUD simply ~u~ thc PUD rcfc~ccs c~cs ~t zm now con~li~t~ into ~ l~ ~iopmcm C~c, or othe. nvisc ha~ m~e~ccs of a~inist~ti~ im~ tF~t ~ ~ cl~g~ in thc most recent LDC amendment. ~s¢ rcfcmn~ are ~[Jd ~u~ th%' d~g~ or am othcnvisc p]a~ [na d{~crcnt ~cgislati,,~ d~:umcnt ~[r cl~ or most similar relationship to cun~nt refcren~ ~pplics in ~c ~inist~tion of P~ ~~t ~mmitmcnts. Mor~ im~fly, is whether or not them is ~y ab~ of d~'clop~t ~mmitmcnts n~cfl to ~kc ~¢ PUD ~asistcnt wi~ ~¢ ~uim~s. Stuff ~vimv d~ not indi~tc ~a~ thca am any in~nsistcnci~ er ~ssi~.s ~t are now nc~ssaD' to achlcvc cu~ent ~d D~vciopmcnt C,~¢ r~uim~)ents ~ ~d~ appli~blc to subs~ucnt r¢quir~ dcvclvpmcnt approxmls (i.e. Pla~ing ~d/or FISCAL IMI~A~_: ~ amcndnx:nt to ~his PUD, as recommended by staff will have no fis~l impact on Collier County as thc appropriate PUD amendment ~d other appli~ble f~s will cover thc cost of staff time ass~iatcd xx'ifl~ rcvicw of said amendment, ~d fl~e a~st of advcaising a~d public notice. ,~LT_AFF RECQMMEND6TIQN; Based on a comprehensive review of this PUD document, staff recommcnds that thc Board of' County Commissioners grant a two ext~tsion &the R. Roberts Estates PUD per thc almchcd rcsoluticn. k v £%ows PRINCIPAL PLANNER RESqEWED. ,BYi ROBERT J. MULHERE, AICP CURRENT PLANNING MANAGER DONALD W. ARNOLD, AICP PLA~'iNG SERVICES DEPARTblENT DIRECTOR '~ql~C~£NT A. CAUTERO, ADMINISTP~TOR DATE DATE ~ATE' COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DI t',AAY 0 6 1997 1 2 3 ¢ $ 9 1o 11 RESOLUTION 97- A RESOLUTION BY THE BOARD OF COUNTY CO}MISSIONERS OF COLLIER COUNTY, F~)RIDA, PURSU~IT TO SECTION 2.7.3.4 OF THE COLLIER COMITY LAND D~rELOPMENT CODE AFFECTING ORDINANCE 92-.7 KNOWN AS R. ROBERTS ESTATES PUD, EXTENDING THE cURRENT PUD APPROVAL TO I.:AY 6, 1997; AND PROVIDING AN EFFECTIVE DATE. 14 1~ ~{F. REAS, the R. Roberts Estates PUD, ordinance 92-7 adopted 17 on January 21, 1992, is subject to th~ provisions of Section 1~ 2.7.3.4., of the £mnd Development Code (I~C), Time Limits for 19 Approved PUO Zoning Districts together with their respective :0 Master Plans; and 21 ~EREAS, the PUD was adopted consistent with and under the 22 pro~;i~!on= of the Collier County Growth Management Plan; and 23 WHEREAS, the Board of County Commission~rs has reviewed the 24 PUD and has deter~.lned to extend the current PUD Zoning for 25 years, until May 6, 1999; and 26 NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning 27 Appeals of collier County, Florida that: 2~ 29 30 31 32 33 34 3S 3& 37 39 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the r~view requirements of Section 2.7.3.4 of the I~DC. 3. Pursuant to said section of the LDC, the current PUD approval ts hereby extended to May 6, 1999; at the end of uhich time the owner shall submit to the procedures in LD(Z Section 2.7.3.4. Resolution shall b~co,~e effective immediately upon its 41 approval. 42 BE IT F'JRTH~ RESOLVED that t. his Resolution be recorded in 43 the minutes of thbs Board and in the records of the petition for 44 ~ic~3 ~he ex~ension Is This Resolution adopted after motion, second and majority 2 vote. 3 Done this day of 4 5 ? 9 13 15 24 27 , 1997. BOARD OF COUNTY COI'&MISSIONER$ COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK TIMOTMY L. HANCOCK, CI~IP, M~ APPROVED AS TO FOR?,! A~D LEOA~ SUFFICIENCY~ ':~"k, ~-,~ ,,, "?: _~'..~..~ ~.~,."~ MARJORIE M. STUDENT ASSISTANT COUNYY ATTORNEY -2- I~A.Y 0 $1~7 ORJ)IIi~JICE NO. ~2-. 7 ;~N OP-DINA~CE A/~ENDING O~INA2lC~- 91-102. ~E ~ ~ ~D CO~R~SI~ =ONING ~U~TIONS P~RIDA ~Y ~DZNG ~ OFFICZ~ AT~S M~ ~ 7901N; ~Y ~GZNG ZONING ~SIFXC~TIO~S OF C-4 TO =P~ ~lN~ ~IT D~~ K~O~ ~ ~dE R. )IO~IS ~AT~ P~NED ~IT D~~ FOR ~ESID~C~S, ~TI-F~ILY CO}~CI~. U~ES ~D A HI~C ~ITE ~R ROBERTS A~E ~D NO~ S~-29, IN SE~iON 4. ~tSHIP 47 SO.I, CO~y, F~RIDA, ~SIST~NG OF ACRES~ ~ BY PROVIDING ~ EFFECTI~ DATE. W~EREAS, Dallas Townse)~d, representing Robert A. 'Roberte, on behalf of ~he Robert Roberts E~tate, petitioned the Board of County Commie~ioners to chang~ the zoning classifications of the herein described real pruparty; NOW, TNEP. EFORE BE IT ORDAINED by the Board of Cour. ty Commissioner~ of Collier County, Florida: SECTION ONE1 The Zoning Classifications of the herein described real property located in Section 4, Townehip 47 South, Range 29 East (Im~okalee), Collier County, Florida, are changed from RSF-3 and C-4 to .pUD. Planned Unit Development in aocordance Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Nu~Joer 7904N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this OrdSnance has been filed with the Secretary of State. -1- MAY 0 6 PASSZD A~D DULY AD~FTTM by the Board of County Co~u~ismionerm of Collier County, Florida, t. hie 21~t_ day of ~~~, 2592. COLLIT..R COUNTY, FLORIDA ~ollg M. ~TUDg~ PUD-91-80,~LDINANC~- -2- ~ U'~/T DEV'EI, Oi~iti~JT Dd~J. AS TOWffS ~D 1~.O. BOX 1110 I)~OKAI2EE, FLORIDA 33934 CONSULTING ~NGINT_.ER: DAVID S. WIL~ISON, P.E., V/CE PRES. WILA~SON & ASS~IAT~, INC. 3584 ~NGE A~E, S~ A ~ F~RIDA 33942 N~ ~DA 33942 P~INC CONS~T~: DR. N~O ~. SPAGNA, AIC~, F~IDA ~ INST., INC. 3850 27~ AVENUE ~L~S, F~RIDA 33964 DATE REVII~W~) BY CCPC DATE JtPPROVED BY BCC ORDIHARCE NUMBER A~END~TS AHD RT. PEAL :121'~9191_ 1121192 9:1-7 Z~{IBIT lilAY 0 $ Fff37 TABLE OF CONT~T$ I~TATE~F~T OF COMPLIANCE S~CTION II ~£CTION III ~£CTION ~V ~ECTION ¥ S£CT~ON VI SECTION VII ATTAC~NT 4 11 24 BAY 0 & 1997 e The subJsc:t pro~er~y consists of 39.10 acres, nors ~r leis, cf Township 4~ South, P,.~nge 29 ~a~t, Collier County, Florida and .~he nor~hea~harl~, radiu~ 2517.2e feet~ ~ord ~art~ ~o~h Deg. 44' 33" West, chord 1989.90 feet to ~ in~erl~c~ion of sou~h right-of-way line of ~o~s Avenue~ ~enca Mo~ Il 2~' 20" Eaa~ lSa4.{4 fee~ along said right~f-va~ line~ ~ence South 00 Deg. 46' 47' ~lt 634.6? teet~ ~ance ~o~ I~ ~. 24' 03" ~aik 3~0.00 fee~; ~ance Jou~ 00 ~. 41' 47' ~st ~ee~ to the Point of Beql~ing~ cont~Ininq 3~.~? amies, ~ore or leas. SubJec~ to all ea=e~enks, ret~i~lonl and re~te~akions of record. l~ is khe in~enh o~ the petitioner to de,lop ~i= land into seres of single faaily residences, ~.0 a~el of aul~l-f~lly residences, la.6 acres of cmrcial uae, 4.1 a~e Blitoric Site, and 2.3 acres of roadway alo~ vith ~e r~ed Wa~er Hanaqe~n~, Recreakion and ~en ~pace, amd relat~ acceilo~7 uses and Gt~CtUri~. Manag~man~ System designed ~o det~e ~ ade~acy of public se~tces and facilities. This proJec= ia consistent wi~ ~he I~okalee ~ster Plan Zlemen= of ~e Collier County Gro~ ~9~ent Plan ~cause of following reasons: A. The project has ~en found to ~ consistent wi~ Poll~ II.1.1 of %he ~nd Use Section of ~e X~kalee Master Plan Element ~hat is stated as folly: '~e l~kalee Master -1- MAY 0 6 1997 Pl&n Future la.-~ Use Nal~n~tion shall lm:l.~d~ a l~tur~ Land B. T~e pro~sct h~s ~tn I~ to ~ ml~nt vl~ S~c~ton B., ~nd Use ~t~tlon ~s~l~lon, of ~e ~he Corette Cen~er-~lxed ~se Dll~rl~. Use District as sho~ on the l~lalee ~tu~ ~d Use Nip. su~ls~ric~ is desired to function ~s ~ ~pl~ent center and encourages cou~rcl~l and lnstituttonll ~s. ~s~s vithin this iU~il~l~ Include ~opplnq c~ters, gov~ental generatln9 uses. Residential deYsl~nt Is ~ltt~ width mixed-use su~lstrlct at a ~xl~ density of 12 dwellt~ per ~oss ~cr~. ~sld~n~lil dvelliN ~t~ ars l~l~sd to .fa=tly s~r~c~ur~s and less lntensl~ ~lts such as single-family provided ~,y are co~atible vith ~e dls~tct. Non-co~erctal uses ~ltted vl~tn ~. C~e~e Center/Hlx~ Use Dis~rtc~ include use~ such as par~, o~n ap, ce, ~llcly-~ed recreational uses, ~=ch~s, ~llc lnd private sch~ls, day-care canters, and ~hose esmenttal me.Ices a= defied tn ~e Collier County ~nd Development C~e. ~ ~~ Acres ~ Density A Sir~gle-Famlly ~.~ -- 24 4.07 -- Residential B ~ultt-ramtly 9.0 79 1.78 Residential ilnce the density of ~e Single-Family iesldentlal tract and the density of the Nultt-Faslly Residential tra~ are ~ less the ~aximum density of 12 dwelllnq ~its ~r ~oss acre, and conditional ~]ses are similar to non-c~rclal ~es pe~ltted within the Co~erce Center/~lxed Use District (or In aoae cases, Pe~ttted rel~identlal usaa) the residential tra~s are consistent with the I~okalee Nester Plan Ele~ant of ~e Collier County Gro~h Management Plan. ~aluation of_Commercial ~ac~ C 9.8 To,al 18.6 260,000 -2- MAY 0 6 1997 ~esl~ned to provide a~plo~en~ gemera~£~g uses, ~e two co~ercial tra:~a vo~l~ ac¢o~odate co~arciaI ~is similar ~o ~e ~me~ and conditional ~e~ ~a~ ~a C-~ (~eneral C~rcial) ~oninq dAs~ric~ o~ ~ha Collier C~ ~ ~velo~-n~ ~e- co~erc~al in,ensign. ~e~re~ l~ cen~al l(~lon vi~in ~he I~oXalea Urban ~ea provides a l~ical poin~ ~or ~he Collier Count~ Gr~h ~ana~e~ent The 4.1 acre Historic Si~e is sinllnr to pir~s~ o~n j~co~ and puDlicly-o~ned recreational uses. .Since non-cm~ercial uses pa~i~ed vi~hi~ ~he Co~erce Cen~er/~lxed Use DisCric~ imcl~e uses such as park~, o~n space, a~d pu~licly-o~ed recrea~iomal uses, ~he Historic Si~e Is consia~an~ vi~ ~he X~okalee Plan Elemen~ o~ ~he Collier County Gro~h ~nagemen~ Plan. Consistency vi~h ~e Growth Nanag~men~ Plan includes ~ore ~han a ~indin~ o~ land use consis~an~. Bovever, ~hese consis~en~ relationships ~ically come ~u~ as a f~iom o~ ~po&lng · davelopmen~ co~l~men~s a~d ra~lrimg ~i~lga~io~ ~o Overcome or compensate ~or level o~ ~a~lce retirements and o~er re~lrame~ of ~he X~oXalee ~as~er Plam Elemen~ anG elements o~ ~he Gro~ ~anagelen~ ~lan. ~led on Po~i~ S.2 ~he Traffic Circulation Element, ~ ~rxpi generates M~ ~his pro~ac~ repre~an~l a ,ignl~lcan~ ~cce~age ot ~he overall ~ra~lc on ~.R. 2~, N. ll~h S~rae~. ~o~r~l Aven~Aa, and I~o~alee Drive. Hovever~ ~he si~e ~enera~ed ~ips will no~ reduce ~e level o~ la,ice on a~2 roadvaM le~en~ wigan the pro~ec~'l radius o~ ~evelopmen~ influence (~I) a~ ~ull~-ou~. ~r~he~ora, ~h~re are mo capacity problems om any road~y ae~en~ ~a~ is im~c~e~ graa~er tha~ ~lve percen~ ~7 ~e project's aide ~enera~ed ~rips. Therefore, ~his peri,ion is consis~an~ wl~h all ellen,s o~ Gro~h Ma~a~emen~ Plan~ al~i~ ~his consii~en~ vAll or Mrou~h~ a~ou~ M7 ~e inclusion o~ development ml~i~a~ion mealurol, o~ o~e~lsa provided ~or in ~he approve~ devalopmen~ or,ar. Unless oc~arwiae provided ~or in ~e approved developme~ or,er, dovelopma~ p~i~ed ~ ~he approval o~ ~his peri,ion will sub~ec~ ~o ~ concurrency review under ~he provisions o~ ~e~a~a public Pacili~les Or~inance ~o. ~0-24 a~ the earlies~ or ~ex~ ~o occur o~ either ~inal SDP approval, ~inal pla~ approval, or Mulldin~ permi~ issuance applica~le ~o ~his development. 1997 A parcel o~ la~ lyi~ ~ ~e ~u~ X/2 of ~e ~o~s~ ~/4 of Sea. ion 4, ~lh~p 47 I~, ~e 29 ~l~, Collier Co~y, Florida a~ ~re ~L~I~I~ 4es~d ~ foll~ C~encA~ a~ ~ ~utheast ~r of ~e Xo~t 1/4 sa~d le~Jon, ~n S~ 89 ~. 250 45" M~ 659.70 along t~e ~ li~ or ~la ~o~st ~/4; ~e W~ O0 Doq. 46,47~ ~ SO.O0 r~ ~ ~ ~Xn~ o~ B~r~, ~int bei~ ~ ~ no~ r~ght~r~y l~e or I.~t. 20; ~ SOU~ 19 h~. 25' 4~f ~elt 341.J7 f~t alo~ ~atid w=y lime o~ ~ Ava~e; ~e~ ~o~ BO ~. 22' ~0" hG 1684.64 feet al~ said ri~ht~f~y line; ~e~e S~ 0 ~. 46' 47" ~ 624.47 feet; ~ ~ 80 ~. 24' 03 · tl~ ~O.O0 ~45~; ~c4 8~ O0 ~ 46m 47u ~s~ 6X4.77 or less. ~b~e~ to all ei~, res~i~io~ a~ reaa~atlons o~ ~o~rt A. Ro~, Nine R. Ronf~, ~ll~ed R. ihe~, B1ye R. ~endvay, ~lse R. Tl~, a~ llaard H. Ro~s, ~rsonal repres~ttive ol ~e M.D. ~ ~te; a~, ~o~ ~. Glddens, ~ Gidda~, Ellie Gidd~z, ~rll~ Sears, ~1 Nos L. ~t, a~ ~ I. ~er, Parsul It~esentattve o~ ~a ~is R. H~on ~e a~flress el ~e ~rs la P.O. ~x a~S, Florida, -4- MAY 0 $1997 C~unty, ~lo~da (S~ 29 ~ ~b~s A~nue ~ l~okal~m, Florida). loca=ed :Ln I~okalee, Florida · he elevation of the prope~y varies fr~ approx~=ely 34 proper~y. · merits of retention ponds am ~ on ~e Mamte~ Utilities Document. According ~ th, USDA ~oil ~sy of ~lliar County Florida, Blanton ~in~ ~and (Be) Soil Classification. this soil classification is ~act~riz~d as 1~v41 to gently ~ainage Is rapid~ dep~ to ~ lb '~y feet"; rea~ion is strongly acid; an, ~e principal vegetation ~fore cl~ar~ng t~as Slash P~ne, BlueJ~ ~d ~vm O~s, mhd Gras=em. It 1~ the intent of the ~tition~r to develop ~im la~d Into 5.9 acres of s~gle faally r,~de~s~, 9.0 a~,s of ~ul~- historic ~l~e, ~nd, 2.3 acres of r~d~y along wl~ =h~ required 'water ~anlg~ment, re~eation and opetn space, and, r~lated ac,:emsory use~ and ~J.s ordinance shell ~ ~o~ I~ cited as the "R. Roberts E~ta~e Planned Uni~ Develo~n~ -5- tEN I MAY 0 8 1997 0 TC~T~ (Yd ~! The purpose of ~his Section is to delineate ~ generally Ipplicat~le C~un~y ordinances, t~e respactl~ land usen o~ ~he ~rac~s included ~ the project, aa well aa o~e~ rela~lor~ahip~. A. Regula~A~ma for develo~ of ~. ~o~s Es~e sh~ll be In acco~nce wASh ~e come,ts document, P~lanned ~l~ ~valo~en~ Dis~l~ o~her applicable sections and pa~a of ~e Colliar county ~ Develo~en~ C~a in effe~ at ~e buildinq ~l~ applica~ion. ~era ~eae ~ail to provide developnen~al s~d~f~ ~en provisio~s of ~e mos~ similar dis~lc~ in ~e ~nd Davelop~an~ C~e shall B. Wnless .m~he~lsa no,ed, ~he da~inl~ion~s ~f all sh~ll ~a ~e sa~ as ~he de~inl~lo~ ae~ ~or~ in ~e Collier co~y ~md ~valo~en~ C~e in effec~ a~ ~e ~ima of bvildi~ pe~l~ ~pplica~ion. Ail ~ondl~lo~s l~sed and all 9raphic preae~e,~ ~epl~l~ restri~lona fo~ ~. d~lo~en~ of ~ha R. Roar,s ~t.a~a ~ shall ~cm,epa~ ~a~la~ions ~hl~ ~ove~ the ~e~ ~ ~ si~,t ~y ~ develop. D. U~less ~lfied, ~ived~ or ~c~ ~ ~As ~, ~e provisions of o~ar la~ davel~n~ c~es~ ~hare applAcable, re,in in ~ull force a~ eff~ wi~ to ~he developuen~ o~ ~e la~ vhl~ ~is~ E. Davelopmen~ ~l~ed bM ~e app~ov&l of ~hAo ~l~lon ~ill ~ svbJec~ ~o a com~en~ revl~ ~er ~e provisio~ o~ ~e Ade~a~e ~lic Facilities ~o. ~0-24 a~ ~e earlies~ or ~ ~o oc~r of fins. 1 S~P approval, fill pla~ a~r~l~ ~ pe~tl~ lsfuance applicable ~o ~ls ~velo~. MAY 0 6 1997 N, na~e~m~ Plan · i~led "~s~er U~ill~ies ~ Wa~o~ ~~ Plan'; copy of ~1~ Is incl~ ~ ~ of ~ ~i~i~ D. ~, exis~i~ ~a~ of ~e ~e~ ~y, ~:a~iomJ o~ ~ill~lea E. ~e ~oll~i~ la~ ue use of ~e R. ~ b~e TRACT WA" Sir~Jle Faltily 24 (4 D~J/AC) 5.9 TRACT, uS" ttulti F&ully ~ (9 DU/AC) 9.0 RO~WAY ~ 1 · 3 ~ BCn C~ercial 13,978.5 SQ. ~./ 9.8 A~ ~aCt "D" C~arcial 13,97~.5 SQ. K./ l.l A~ ~ "Z" ~tstortc Site 4.1 -7- NAY 0 ~ 1997' /?_ sh~llo~, d~pres~ions for ~m~ coati.ration a~d contain ~undaries ~Y ]~ ~ltt~ Su~lv/nion Pla~: or ~lte ~l~n~ Pi~ a~r~al, au]~Jec~ ~o the p:rovisio~ of Division ~.? ~f ~e ~lller otha~ise ~ltted by ~is P~ ~t. addition to ~e various semi-public, etc.) ~hall ~ ea~bliahe~ within ~r a]~ A maximu~ of 103 residential ~elll~ ~i~, sk~le family and multi-family, exclusive of any carsta~ex~ reside.cea vhich ~ay Me provided in ¢~JuA~-~l~ wi~h commercial devel.opuent, ~ay Me ~ma~-~e~ ~ ~-~e to.al project area. The gross (residential) project area ia X4.! a~res. Th gross project density, therefore, ~ay be & ~axl~u~ o~ A. Prior to the recording of a ]record Plat, arx~/or Condominiu~ Plat ~or all ~r pa~ of ~ ~, final ~lans of all r~lre4 tmRrov~enta shall re.lye arrays1 of the appropriate Collier County ~o~mn~l agencies to insure c~pliance wi~ ~a ~ ~st~ ~lan, ~e ~ty Subdivision Radiations and ~e pla~ti~ la~ of ~e B. The "Master Plan', a copy of ~i~ ~l included al ~rt of this petition su~ittal, constitutes ~e r~lrad ~ Deve, lop~ent Plan. ~bs~uent to or con~ent wl~ ~ approval, a Praliaisary S~ivision Plat ~all ~ submitted for the cn~ire area c~ ~ ~e ~ ~st~ -8- MAY 0 $1997 Plnn. ~ny divXalo~ o~ prop~y sold ~he davelo~n~ r~orXd~. the devilment o:~ all ~lat~ed ~a~s, or parcels of land aa provided lm aai~ Division 3.3 ~ior ~o iaeuance o~ a ~lldi~ ~it or o~er de~lo~4n~ order, D. The develo~en~ o~ any ~a~ ~ ~1 a,~d for reaiden~ial develo~n~ co~la~ fee o~ership of lanai f=r each ~lli~ ~A~ re.ired ~o ~u~l~ a~ racelv~ a~l of a Subdivision Plat in confo~n~ vi~h r~nts establish~ by Division 3.2 of ~e Colli~ Pev~lo~nt C~a, or any s~en~ ~e~nt thereto prior to ~e su~ittal of ~c~ion pla~ pla~ for an2 ~i~n of ~e ~a~ or ~cel. E. App~'opriate inst~n~ will ~ ~lded at ~e infs'as~al im~nta ~l~ ~y d~l~ti~m and meth~ for providi~ ~tual ~~e of · .e ~ A. Model h~es and Jal,ms ~acllities ~all ~ m~Jec~ ~o provisions of Section 2.~.33, ~a~ Use Pe~l~, of the Collier c,~ty ~ ~velo~nt ~e. ~endments ~Y ~ ~de ~o ~a ~ as provid~ ~m ~.7.2 of ~e Collier Com~y ~ ~l~t · .~ ~vx~xoN FOR o~-~x~ ~ OF ~ A. ~e mx~tlon of e:~then ~t~al a~ Xt ~ ~X1X~ tn pre.ration of wat.r ~nag~nt facilities or to otherwise devel~ ~ater ~les la h~e~ ~it~. If after consideration of fill activities on ~ose M~ildAble ~lona of the P~J~ ~l~e are au~ ~herc ia a au~lu~ o~ e~hem ~ial ~en its disposal l~ also hereby ~tt~ sv~J~ to -9- utilized within the project. ~ever, azceaz fill m~srial, up to 10% of the total or n ~xi~vm 20,000 cubic Mards ~ay be re~ved arid of£-~ite subject ~o the reguirements ~f Or~inanca NO. 91-102, Division ~.5, incl~in~ but no~ to tra~l~: Inpact fees, etc. R~oval of ~erAal in e~cesa of 10~ o~ ~otal or ~xi~ o~ 20,000 cubic ya::ds aust ~eet ~e r~ireaents of a c~ercial excavation per ~i~nca No. Division All other provisions o~ Ordinance No. Division 3.5, are applicable. 0 6 1 P~. ~ ! ~t Is the purpose o~ ~h~ ~e~on to ~den~f~ ~c~c deve~opmen~ s~andardn fo~ ar~s designated as ~ ~ns~ty defined am four (4) o:~ leis ~lli~ ~ltl ~r l~ on The maximum numar of low d~nsity ~lli~ ~l~ width the P~ shall be Il foll~s: Tract "A" 24 dwelling t~its on S.9 acres of No ~uil~ing or stature, or ~ ~e~of, ~hall ~ ~, altered or us~, or land um~, in whelm or ~, for ~an ~m full.lng: A. Pelleted ~lncipal Ueea ~ Sinqle family de~a~ d~lll~s. 2. ~blic park~, pt~lic pla~o~ds, p~lAc play fields, amd co,only c~md open s~ce. B. Pe~/ttmd ACCe~so~, Uses a~ S~ures: 1. ~sto~a~ ltcces$~ ueea and inclu~in9 prl~te garages. 2. Recreational uses ~ factliti~s such as ~i~ pools, te~is coups, chl~dren.s play~o~md areas, etc. Such uses shall ~ visually and functionally '. compatible ~l~h the adjacent residences %'hi~ have the uss of suc:~ facllltlss. C. Permitted Conditional Uses l~ 1. Recrlatlonal f~cllltles not accesso~ to pr~ncipal -11- 2. Churche=. 4. Ovner-~led child care ~n~ors (s~tc~ ~o Sec~o~ 6~ ~o~IF hou,~ng (sub~ec~ ~o Sec~Lon 2.6.2?). ~. flompitils, 3.4. A, ~ All ~'arda, aet-b~ckz, etc. ,haXl be relation to tha J. ndiv/dual lot boundaries. Furth~r~ora,' e~capt aa o~er~'iae provided for wi~ln ~is I~lon, m].l lots shall cc,nfo~ to ~e RSF-4 zoning diotr~c~. B. ~ '. 7,500 s~are fe,t. (1) Corner ~tm - 95 feet (2) Inter,or ~tn- ~0 feet (1) ~ont Yard - 25 feet (2) Sidn Yard - 7 ~/2 feet (3) Rear Yard - 25 feet (1) One (1) sto~? - 1,000 ~are feet~ two (2] sto~ - 1,200 s~are feet. As re~rnd by DIv~s~on 2.3 of the ~D~ Development MAY 0 4.3 ~nmity (Multi-Family Residential) In ~act ~B" of Generally inta~ed for pro,ecrm where ~e net density is less ~han nine (~) dwellin~ ~i~s per acre ~e ~axl~ m~r of dwallimg unica allo~ed wi~l~ ~e P~ shell ~ as Trac~ "~-: ?~ dwellimq u~l~s o~ ~.0 a~es ~ land. No bulldin~ or s~ruc~ure~ or pa~ ~ereo~, shall ~ era~ed~ altered or used, or lamd used~ lm whole ~r lm ~, for than ~he A. Pezmi~ed Principal Uses a~ 2. ~o family ~v.~llin~ ~i~s. Sinqle family a~ached a~ detached dw, llin~s. D. Permitted Acce~or7 Uses ~d 1. Cus2~ary ac~:esso~ uses and ~k~ct~es, lncludi~ private qaraq,,s. 2. Recreational uses a~ facilities such as swl~in~ ~oola, ~e~mie coups, chll~em,a playground etc. Such use.s shall be visually and ~unctlonallM comp~tiBle with the ad,scant real~ence~ which have the uae of auc~ facilities. Permitted Conditional ~e~ ~nd Clue~e~ houaimq (aubJec~ to ~eck~on 2.~.27 of Collier County ~nd ~velopment C~a). -13- 0 6 1997 2. ~lic, pri,.;at(i, Section ' ~. ~e~reat~ona2 6. Group ~re :~mclll~y (Cindery I) (g~Jec~ ~o 8. Churcha~. 9. Child care ~0. ~osDitalo. 4 · 4 DETELOPI(I:NT ST~h'D~tDq fa~.~/~ All criteria listed baler shall 1~, undar~toc~ to be in relation to rea~ectt~ ~ract bounda=T' line~ or bet~een buildings. B. ~Ji~J_L~~ One (1) acre. C. MINI · 150 feet. (1) Front Yard - 25 feet plue one foot for each two feet of buildi;ng height over thirty (30} feet. (2) Side Yard - 7 1/2 feet plus one foot for each two feet of building height over thirty (30) feet. (3) Rear Yard - 25 feet plus one foot for each tvo feet of building height over thl~y (30} feet. Fifteen (15) feet ]~lue one foot for each two feat of building height ove:~ thirty (30} feet. F. MINI~~ 7~0 square feet. -14 - 1997 (1) /~ncl~al It:cv~tura~ 30 £eet. (2) Accessor~ S~rvcture= 20 feet. (3) As o~herwise approved b~ ~e Co~7 for conditional uae ~ultl-~aally ~ct~ea over ~ea (3) stories as ~l~ed ~ ~e~lon 4.~.C.7 prec~l~. Co~1 a. CenerallM vhe~ever ~l~ word setback la ~ 3relative ~o a meaauremem~ ~ween the bvlldinqs and a 1o~ line a~/or perimeter ~u3~dar7 o~ a parcel of land ~n ~ich ~ildimgs are ~o Me cons~c~ad A~ shall have ~he application. Fron~ y~d ae~cks shall ~ ~as~ed am foll~s: 1) Xf t~e ~rcel As se~d by a ~lic or private riqht-~f-~M, aet~ ia ua~sur~ fr~ ~e adJac~t rlqh~-of-way line. 2) Xf the p~cel ia ae~ed ~ a non-pltkted prince drive, se~C~ la ~easur~ froa ~a back of ~b or edqe of paveaen~. If ~e parcel la served bM a plakt~ pzl~te drive, setback is measured fron ~e road aase~an~ or proart? line. 4) oenerally, p~rincipal bulldin9a shall ba setback a distance sufficient to provide for ~ ~ to ~ck parkinq spec.a, one cf which ~ay be In an enclosed ~en principal ~lldimqs fron~ upon a co~on parkim~ area~ which ia ~ frosts u~n a public or private riCh,-of-way or non-pla~ed drive a -15- prl~lpal :~lldinq and a~ relmt~ ~rkl~ facility, ~ a ~een ~I~ of ten (lO) ~t ~h~ll ne~ra~e sa.rd right-of-way, or o~er ~n-pla~ed private ~,~e fr~ ~e co,om ~rki~ area. shall no~ prohibi~ ~e at~a~ed rala~lo~hip enclQ~e~ ~rkin~ ~r~c~ure~ to t~e princl~l real~ential mtr~ure. The narration o~ princi~l at~ea from an Anterior lo~/parcel~ra~ ~a~ shall no~ ~ Iaaa ~n feet ~or side Mars se~cks and not less ~n 2S feet for rear yard setbacks. ~e deve).o~ent s~:andards for &ccesmo~ ~di~a shall ~ am eat fo~ In ~is PUD D~ent. ~ever, ~nevar prov~sions have not ~en provided An ~ls (l~t, re~lationm of ~ Collier Co~ty ~d ~velop~nt shall ~overn. ~s and lnte~rl~iom of ~ord/P~ae~l 1) ,Si~e ~o~ A~rac;~ Dete~lned bM dividing ~e site area by ~ha a~te wid~. 2) ~e ~ld~h~ Am defined b7 Article 2 of ~e Coll~L~ coun~M ~nd Da~lopaen~ C~e. Hay ~ reduced ~:ul~e-~acs ~) ~~~dim~ ~iah~j~; C~ln~ height t'.wo ad,scent buildings rjr ~e P~se of dete~lnxnq se~ack remitments. S.at~cka ~e ~easured from lot lines, tract ~o~daries or public or private streets. O~n ~psce area ~eana developmen~ adjacent to lakes, presages, comse~atlon area, park, or golf ) ~~_~~/~ .......... to each oth~ b:i a co~om wall or roof ~ereln each u~A~ has ~lrec~ e~erAor access and ~ m~l~ As -16- O 5) e) 8) ~oca~d ~bo~a &noth~r~ &n~ each unit ia c~p~ely · poce, ~ wherein mash ~lll~ ~ In separate 1o~ v~er serrate Vlll~ Xa a uul~lple family s~e ~ich includes m m~cture con~ainim~ ~ee or dwelli~ ~ni~a ~ ver~l~ll2 mhd a~a~ed typically wl~ ~wellin~ unl~ dvelll~ ~i~a havin~ l~lar aha~d walls m~d generally no~ exceeding a heigh~ habi~able floors. comtainlmq three or ~ore dwellin~ ~ni~s o~er tha~ which fvliills ~e definition of single · ttachad, to~house~ row house, ~nd villas. ~enerally includes a st~c~ure of t~ or ~ore stories wi~ dwelll~ units a~ve d~elli~q units each of ~hich ~y ~ accessed direct froa ~e outside or from a co~on interior locat:ion. ~ A single, frmem~andin~, ~on~ntio~l building lfl~anded, designed, used amd ~pled as ~wo (2) dwelling ~i~s a~a~ed by a cc~on wall or rooff, but wherein each ~it is lc~ated on separate 1o~ under separate o~ership. Cluster Housi~: A design technl~e allovJd reeidential dis~rAc~s bM condl~lo~l use. fo~ of developBen~ enploys a ~ore c~ a~a~eBen~ of dwelling units by all~inq for reductions in the s~andard lek retirements of applicable zoning distract, wlkh ~he differe~e ~etn the ~educed lo~ size amd the s~andard lok reqvireBen~ beAn~ placed in co. on o~n o~ce. (subject to ~ec~ton ~.6.27 of ~he Collier Co~ky ~nd ~velopn,tn~ -17- MAY 0 $1997 Area Per St~r~ct~re ?,~00 ~r Per ~elltn~ Unit ~. ~. SITE WX~ MIN. AVG. (t) Re~lar 6IDE .y~ 6~BACK (t) Ragular ~ Y~ B~ACK (l) Re~lar or Gra~e Pirating ~0 ~. ( lA ) . Accesso~ I Acre $ O ?~.. Xr~t. ~5 l~t. Cot 150 F*c lSO F~. 150 F~. 25 ~. 25 ~. 25 ~. 25 ~. 2S ~. 25 ~. 25 ~. 25 ~. 1,000 SF 1 Story 1,200 SF 2 'Stor~ 30 let. 20 Ft. 20 Ft. 20 Ft. 20 Ft. 20 l~t:. 1S Ft. 1S Ft. IS l~c. O 730 BF 750 BP DIST. BETWEEN PRINCIPAL STRUC'TU~S 15 F~. FLOOR AR~.A ~INI~I/~/DWELLING UNIT ?$0 Sq. F~. *Refer to Section III, Low De,halty Residential Areas PI.In. **Refer t° Section IV, Medium Dsnsity Residential Araaa Plan. ~cep~ ~,a o~e~lae provid~ ~or wl~lm ~ia ~ec~ion, all lo~l ahall c~fo~ ~o ~e ~n~al ~ial D~.o~l~ (C-4) of ~l Collier ~nty follovlng A. No bulldir~q or structure or ~ thereof, shall erecl:ed, altered or uled, or lan~ used, in whole or part, for o~her than the folloving~ 1. Antl~e shops; appliance storesl art l~tudios; art supply shops; &utc~oblle parts storee~ &utomcblle eervl.c~ stations vlthout repairs (see Section 2.6.23); a'a'~lng sh~ps. 2. Bakery IhopsI b~it end tackll Ihcpa; b~nks financial In;stltutlor~ b~r~r and beauty 3hops; bath supply stores; bicycle gales end billiard hall,I, blueprint ~hope; book binders; book stores; bustn(~es hackles get, ices. -19- 3. Carpe~ and floor co~lr~ ~lss - ~I¢~ ~oy X~cXudt conrec~o~:r~ a~ ca~ 4. De~ca~essen; de~n~ s~ores; ~g ~ores; ~nclude ~e].r rt~ ~ 6. Fish ~rket - re2ail only; florll~ ~ops; f~2e~el and ascii1 cl~s (s~ ~ct~on 2.6.10); f~ll 7. Garden supply s~ores - ~ldo display fo~ s~ores~ homez for ~e ag~ hospices. 9. Ice cream storts. =ewel~ skor.ts. 11. ~u~dr~es - self-se~lce only; muse~; ~flic s=ores; minor ~u~bllo work .. 13. New car dealerships - ~side dl~ley news ,~ores; nigh~ c1~ (nee Se~l~ 2.6.m0). 14. office - gensral; office ~pply Section 2,6.10); profossto~l -20- f~o...~. MAY 0 6 1997 16. Radio and television a~le~ ~ e~-vice; radio a~d teLevie:Lon s~at~one (offl~ a~ ~d~), ~ dries-In or fas~ f~i r~urants (~e ~tion 2.s.10). Olvlslon 3.3); souvenir stores; atatlor~r~ stores; supermarkets and sanatortu~s~ Tailor shopt~; taxtderalsts; tile sales - cars-lc tile; to~cc:o shops; toy shops; ~rc,pical fish stores. Upholstery shops. 20. vartc'~y stol:es; vehicle rental - automobiles only; vet~rlnsrian' offices and clinics - no outside kim~eltng. 21. ~atch and pr~lclston instr~ment repair a~ops. 22. Any ct2sr co~arctal use or professional service which is c~lparable in nature with the foreqoi~q uses and ~hlch the Plsnntr~ So,vices Nanag~r determines to b~ cc~patible Yurt t.~e distil. All of ~he above peri,ted prl~i~l uses o~ lend M~ildlmgs ~ay ~s ~ltted p~vidin9 ~he followin9 cc. ndl~ions are fo,~nd to ~ present: 1. Ail re~ail or se~lce establls~en~s ~h~ll deal directly wl'~ conagra as o~osad ~o wholemale dls~tbu~lon of pr~ucts or senecas to non-hous~old establil~en~. For thome retail or · e~lce establis~ents pr~uclng g~s on prealsis, they shall ~ sold at rltail. All business, Ie~lcln~, or pr~eislnq, except for off- street ~rklng and loidt~, shall ~ conducted vi:bin I cosplstely enclos~ ~lldlng, except for ~otcrlzed vehicle ~qui~ent sills. acceJso~ uses and s~ctures In ~acts Permitted and Accessory uses and structures c~sto~arlly associated wl~h the uses pexmtttad Iff this section. -21- .' MAY 0 gg7 5.4 Car wish. 2. Child cars cinttr. Com~rcial rec~sstion - outdoor. 4. Da*ached residence in con~unction with · business - o~s per bulineli. 6. Pe~alttld ~;ll v~ llll thl~ 1,000 I~l~l fat gross floor arel tn prl~i~l Used car lots and outdoor ~lt mills. 8. vehicle rent:als - Ill v~iclem except iut~obllem. 9. Hot*Is and 10. Re*ill lalel~ of propan~ ~II~{~Fj~Q~TANDARDS APPLICABL£ TO TRACTS WCWAND WD- A. lite% Ten Thousaz~d (10,000) square feet. n. HIAll~l~_l~d~ll One Hundred (100} feet. C. ~Jnimum Yard Re~2tre~entsI Front yard - twenty-five (2S) feet plus one (1) foot for each one (1) foot of building height over fifty (50) feet. Side yard - fifteen (15) feet, or 1/2 the height of the bulldin,~, whichever is greater. -22- MAY 0 6 1997 3. RIar yard - zero (0) fee~ or five (5) feet. ~'~-~l'~JJtIA~.~'_,l.o.9.r_~,raa of ~lnciu~ ~~ One thou~and (~,000) ~ar~ f~t ~r ~l~ding on ~ ~ound floor. ~. Distance ~atween ~nc~nal S~ures: ~ero (0) f~e~ or fiZteen (15) feet: wl~ ~obst~ctad passage from ~ront · o rear yard. ~-,S~reet ParkAnc~ and ~ad/no Re~irenentsl Al re'~ired I:y Division 2.3 of ~e lmnd ~velopnent Code. -23- I ]bL"C'~' Z 011 A. . :Zt J.S the pur'po,e e~ thLa sec'cion t.o LdsntJ. fy Ipec,i.~;Lc d;evelopment sta;ndards ~or Tract "1:" o! the No building or etrucl:ure, or part thereof shall h~ altered or used, or land used, in whole or in part, for than the following: A. Permitted Principal Uses and Structures: The Historic l;lte (land and buildings} shill be occupancy of thl, property by the Roberts Family mhd may . include the following ulee and structurss~ I~okalme and Collier County. 2. Library mhd co,unity mam~lng roo~. 3. Any s~ruc~ure depi~lng ~e remidan~ of Roberts Family On-ll~l ~1 will al any o~tr structure or display whl~ co~orl~es a~/or significant value to ~e ~o~ and dlvelop~n= of Immokalmm mn.~ Collier A. ~ All criteri~ listed below ~hall ~ underst~ to be in rmlatlon to r~pect~ve trac~ boundary l.~Dea or bmtwmen building~. n. ~~~ Four (4) acre.. C. ~J_D~~% As sh~ on ~h~ "Master -24- 6.4 D. Minimum Yard 1. Front Yard - 25 feet. 2. Sida Yard - 7 1/2 feet:. 3. Rear Yard - No~ applicable. E. ~nimum ~loor 1. None. 1. ~axin~ heigh~c of any i~e: 4S fee~. G. Off-S~ree:t Parkino and ~mdinD As re. Ired My ~ivlsion 2.~ ~f ~e ~n~ ~velo~en~ C~e. A. The 4.1 acre ~lito:clc Si~e (land a~ dedicated to ~,l Collier Co~y ~oard of Co~ismioners. MAY 0 6 m7 9.1 The purpose o! th£~ ~ect~on is to ~et ~ort.h t~s gene=al · davnlopment ~e{~uirements an~ con'~ltl°ns ~or deve).opmen% o~ ~he Xl~ fscllitiae ehs~l be cor~trvcted £n s'r~£ct accordance · ~vel~nt Plans, ~nal b--~l~.ivLsion licable ~o this P~ ~n effect a~ ~e and regula~ione app ...... ..~ ~ceD~ where ipecificl~ly no~ed or and epeclflca=ions of ~ official ~un:y ~onl~ i~ the lan~ within ~he ~ la n~ ~o ~ pla~e~. developer, his successor and assigns shall re~ponsible Eot ~he c~l~en~a cu~llne~ in Th. developer, hi~ successor or ae~l~ee lhall a~ea follow khe Ma~er Plan a~ ~e re~la~lon~ of ~e P~ adopted and any o~er condl~i~ or m~i~lca~iona aa Be a~reed ~o In the ~zoning oE ~e prope~. Xn adai~lon the de'~loper will a~ea ~o convey ~o successor or aaa~nee In ~i~le ~ co~l~men~a ~hl~ a~reemen~. The P~ ~as~ar Plan, Eden~lfied aa e~tar plan", illustrates ~he propo~developmen~ and l~ conceptual in nature. ~p.caed ~ra~, lo~ or land uae ~dariea or special land u~e ~iea Ihall no~ ~ conat~ad ~o ~e final and ~' ~ varied a~ an2 ~ubaequan~ approval phase aa may ~ executed at ~e ti~ o~ final pla~lng or ~l~e develc~tent plan application. ~MJact to px.ovisl~n~ of [;action 2.?.2 oE ~e ~nd ~velopmant cc~e, amendment~ to ~he ~ ma~ ~ made ~roa ~lme kime. AX1 necessa~ eas~nts, d~ica~ions, or other ~n~trum{nts shall ~ ~t~ ~o ln~ure ~e continued operation and ~{~ntenance o{ all sa~ict ~t~l~tie{ and r in the project. -26- MAY 0 6 1997 from dmtm of County mpprovml, l.,., ~* y~ 2o01, aasumin~ ~at County approval Is In l~g2. nubmitt,d p~luant to Division 2.7, Sn~lon tl~m Collier Co~y ~nd ~v~lopment shall Z~ the responsibility of the day, lo, r. his succ.ssor or a~sign,,. A. The developer shall provid~ fair sharm con~i~ionn with the minimum shtre being 30% to. rd any ~afflc proJ.ct's access,Is a~d at the int~,ctions of SR 29 and Roberts Ay,mu, and llth S~rlet. The fair Iharl value will be ~ed on all design, pi~it~lng and constables B. The following Eini~ re~ire~(nti conci~lng roadway ,ccesl Ihall ~ ~)rovid~d to and from the project as within and ~wein tracts: 1. Right t~rns in, via right t~rn l~nes, a~d left ~rns in, via left turn l~es allowed by Florida ~par~ent of ~an=portatlon (~T) under the 2-3 lanln~ condition shall ~ provided for all access ~int~ on S.R. 29 to tract~ B, C, and D of the project. A~ such time au the four lining ~.R. 2g octal, ii.er ~e ~T or Collier Count~ ahill have ~e right of median control ~h~ch includes prohibition of certain turning movenen%~ in consideration of roadway capacity. The F~T and -27- MAY 0 6 1997 Collier Co~nt~' reserve the right o£ access con~rol %ha issuance of buildin~ ~i~. Accml~ ~tw~en ~act P an~ ~o~m Ava%ua ~&ll ~ am foll~s: a. ~ ea~und riqht ~n lane shall ~ provided' a~ the ~este~ ~os~ lnt~sec~icn of ~act D and ~o~m~l Avenue. ~e r~rmmtn~m for m ~m~u~ left t~ mhmll ]~ i~ect to 2e applicable S~ka a~/ or Co~2~ retirements In place at ~e ~lma of Pralimina~ Su~lvlmion Plat appr~l. b. A wem~bou~ lmf~ ~n lane shall ~ ~ldad a~ ~e eastern ~o~ in~ersection of ~ac~ D and Roberts Avenue. ~ castled righ~ t~ lane ~.y ~ required In c~n~idera~ion of vol~e and re~latory con~ol~ in-place at ~e ti~e o~ Preliaima~ ~u~ivielon Plat approval. Accea~ ~een ~a~ A and ~o~a 2.venue shall include ~ e~a~und right ~u~ lane and a weat~und left t~ lane should e~ec~ vol~e exceed ~0 vehicle~ per daM. Access ~t~en ~e ~or~ 11~ Street e~enaion ~nd~ Tracts A, B, and C shall ~ con~oll~ aa foll~ a. A nor~bc~ riqh~ t~rn lane ah~ll ~ previd~ S.~. 29. B. .~ no~d le~ t~m lane mhall ~ provided · t ~e accesm to ~ac~ C ~edlataly nor~ of ~.R. 29. c. Additional turn lanes ar, d/or ~irectional controls say be re~lre~ My Collier County u~n site specific analysis of ~raffic data. . Additionally, the access points for ~ac~ C a~ ~act ~ shall Me l~ated a ~iniaua cf 1~0 feat nox~ of the S.~. 2~ riqhk~f-~y line. Al~o, ai.ni~ thr~t le~hs of ~t~e~n 100 feet and[ 1~0 feet ~hall ~ provided within Tracts ~, C, and D as set forth by ~S~ Standards and County Polio. -21- 7.? C. 'Z'h~ developer shall provide · fair sh~re cont~'ib~tion ~o~r lidewal~/bihe ~s alo~ all pro~e~ ~r~ges (unless provide~l ~ Collier ~o~M or ~e ~); nini~ ~ir share ~n~l~tion ~all be ?S~ ~cept D. ~oa, d X~pa~ ~ees s~ll ~ am se~ fox~ An ~ln~ce 85-.55, aa m~, a~ shall h ~ld a~ building ~/ts are issued ~nle~s o~e~l~e a~ ~he Board of Co~M ~Aseloners. E. 'Access X~aprove~em~s a~ riqh~-of~ay doma~A~ ~all Me suMJec~ ~o ln~ fee ~edl~s a~ s~ll ~ In place ~efore any cer~lfica~es of ~~ are F. All traffic conk~ol devices used shall c~fo~ ~inual or, Unifo~affic Con~rol ~vices as r~ired Chapter ~16.0~47, ~lorida A. Prior to conat~ction pla~ a~l a ~lorida Depa~rtment of ~an~po~ation rlqht-~f~y ~rmit allovinq stu~ter dlacha~e in the ~R 2~ rlqht-~f~ay shall ~ provided. B. Bottom of dr2 re~e;~tton areas shall ~ a~ leask erie f~ (1') a~v. ~e sea:~onal hlvh ~tar ~le. At ~he tl~e of c,~ns~lon plans review, ~ltloner shall provide an a~lyals of the capaci~M of o~f-mite lUlOI vi~in the rl~ta-o~-vay a~ If improv~nemta are ~arr~ed, petitioner shall improvenemts accordimqly. A. Conn~Jction to ~he existA~ l~lee Water a~ Sever Dlztx'lct water and sMr facilities within Aven~e amd Mes~ Hain S~reet riqh~a-of-waM is r~ired and mus~ ~ coaplekely ill~B~a~ om ~e fimal si~e plans. Sup~r~lmq emgimaerimq consk~ctiom ~awinqs shall Da provided sh~inq l~stion, confl~a~ion size. MAY 0 G 7.1 B. Prior to fine1 I~lta plan &ppr~val, & latter fr~a the Dls~ric= has rev].e~ a~ a~r~ ~e ~ter a~ newer faclli=lea coms~x~lon d~n~ for sea, ice to ~e proJec= shall ~ e~l~e~. C. A~ the tine of ~.ldimg ~i~ s~lasion, t~e applican~ shall provide a {e~ter v=liyi~ ~plianc, vi~h CO,tM Ordinance No. a6-112 r~ar~i~ ~e avail~ill~y an~ a~aqua~ ~f ae~r semite for ~a ~u]~. D. ~ia proJe=t shall ~ ~eal~ f~ ~n~al wa~ a~ · ewer aye=aaa. Wo i~lvi~ual ~ptic ~ or ~=ahle wa~er supply wells shall ~ ~tt~. A. The Developer, successors, a~ asai~a ar~ r~lre~ to aa~lmfy the re~ireaenta uf all County ox~lnances ur co~e,, in effec~ prior ~u or =on~ren= wl~ ~y · uba.quant ~evelopmen= or, ar rela~lng to ~ls site. Thin includes, Mot la no= li~te~ ~o, ~el~l~ Subdivl~ion Pla=s. ~l=e ~velopaan~ Plans a~ any o~er application ~a= will re~ul~ ~ ~e issuance ~f a fill ~evelop~ent o~er or final l~aI ~evelo~ent ~. Prior ~o buildin~ ~lt issuance, a Florida De~n~ of ~an~orta~Lo~ right-of-way p~lt ahall ~ aubm~ed. The project shall ~ platt~ ~ acco~ance w~ ~e Collier County Su~tivision C~e to define ~, ~acta and right-of-way aa sho~ on ~e ~s~er plan. Construction plans for ~at ~ion of Nor~ 11~ S~reet he=wean Ro~s Avenue amd SR 29 zhall ~ ,u~itted at ~he =ime of Phase I su~iesAon to the Collier Coun=y Transportation Dep~rtaent for review amd approval. Ao Petitiomer shall be eubJec~ to the envirolmental ordinances, and the Land Devmlc~ent C~de, in effect at the l:lne of final eats develo~aent plan or ~3nstruction plans approval. -30- De County° Florida aqrees to Include the design, permitting, and ,~onstructlon of said extension of Ilth Street in ltm next capital bu~ot =Mole (within ilve (51 year Capital I~rov~nt ll~ent (CI[)). Such Cc.un~y ~o pay for ~nd cons~ct s~lt ~ension Roberts Avenue l~rough thl pro}ec~ as ~ho~ on "~s~er Plan"~ a copy of which ts included ,s a part of this peri=ion aub~lt~al. Ail utility lines to ~ placed In ~he road right-of-way a~ app~tem~ncea to ~neflt the devalopmen= sthall ~ ~t ~e e~ns, of o=hers. ps=l~lon,r ~qrees, to pay one-half (1/2) of ~e cos~ any signalization re~ire~ ~o ~in~ln ~e safe ~ov~n= of ~rafftc on an~t off of ~Ae M. 11~ s~reet exte~lon within the project: ~undaries. In the avant the petitioner desires to ~esign, pex~alt, and/or construct t~e said improvements in advance of the County ~chsdule 'aa laid out in t. he CIE, t~,e County agrees to reinbux, se the petitioner tn accordance with the County's scheguled plan. The pe=ittonsr &items to donate to the Cdunty, at no cost to the County, any of the existing ~oberta Homes~eat structures located outside of T~act "E", which the County wishes to nave to Tract "E" nr~ preserve es a part of the historic slteI end, further agrees to provide access on the Roberts proper~7 to thn County for tho puz~ola of moving said structures to Tract The petitioner further agrees to assist tn the movir~ said structures (including provldinq labor and equipment), however, the County shall be solely and totally responsible for all coats res~ultimg from any necessary sl~e improvements or the restoration of said E. The~ petitioner shall provide a Certificate of Adequate Public Facilities at the tl~e of application for any Final Development Order. F. The petitioner .shell provide sidewalks alor~ the project's frontag.,s in accordance with the standards listed in the Collier County Subdivision Code. A. Open space shall be provided in accordance with Section 2.~.~2 of the Collier County Land Development Code. ROBERTS ESTATE PUD/~d -32- CORRIDOR ....... _ ~J j t~ ~HE BONITA B -_ ~J~U~G THE LE~~ ..... ~ ROAD ~ Obt~n Bo~d ~:ives on impl~entMg or not ~Pl~ting ~Mi~ l~d~ping ~prov~t$ in ~njune~ion ~th the Bonits B~ch Ro~ f~ l~g pro~ ~om~ Road to V~de~ilt ~ve). ~NS~E~ON~ ~ ~fil 23, 1~6, ~e Bo~d approv~ ~d ~t~ a Joint Suppl~ Int~io~ A~e~ent 'a4th L~ Coun~ :For ~n~on of Bo~ta B{ach Road. ~s Bo~d action eff<~at~ a f~r shoe cost ob~gation by ~ch County for the gen~ work ~tegories of roadway ~d b~dge ~nstm~io~ utfli~, ~nst~iog ~d m~ian ]~d~pe ~d i~gation consta~ction. ~ch County agreed to equally ~nd the con~ction of m~i~ ]~ds~ ~d ~sation improv~ts, ha'~ng a total estimat~ (pre-bid) v~ue of :$289,132. R~ent ~th L~ Count, ~aff, co~uMty members, ~d the Bo~ta Springs C~r of Co~ce have focu~d on the n~d to ~so e~abJJsh ~dequate ~blic ~nds to ~p~ ~~ mainten~ce costs for the pre~ously autho~d m~i~ l~d~pMg. I~much ~ L~ Coun~ does not cu~ently pro~ ~d ~nd median l~ds~pe ~t~ance proj~s as p~ of ~re ~ces, a (5~/i) fMr shoe co~ ob~gation ~ the Co,ties for ~~ ~nte~ce is not likely at tMs time. Howler, thee r~ns a ~s~bi~ ~e ~re for L~ Coun~ to creat~adopt a County-~de Str~ M~ PI~ (as v~!y r~ by ~ Coun~ $ta~. ~so, in consideza~ion t~t reprea~tatives of ~uMtiea in the ~cinity of the four l~ng roadway proje~ have Mdi~t~ public relu~ance to establish a median beautification MS~, ~ is r~ue~ing the Bo~d to ~abfish its fo~ posMre in [Ms mailer. Staffr~o~en~s that the Bo~d ~ns~d~ pro, de dir~tion on the fo~o~ng ]andscape const~clion ~d mMnt~ce options. ~ Re<ind pre~ous 5~ construction co:~t ~tm~t ~th no ~re ~d~tions for Col~ Coun~ ~nding of m~i~ ]~d~ ~n~ction and ~nt~ce ~sts. ~s option is ~bnfiR~ in ~ew t~t Bo~ta Beach Road is not ~]ud~ in the Collier Coun~ Str~tscape Master P]~ r<~t]y adopt~ by the ~~ Pr~ ~th construction of m~i:~ l~d~ ~d ~gation ~pro~ts ~th r~o~tion that ~ch ]~d~pe ~provements ~11 ~ ~bj~ to r~vM if no ~re ~nte~nce ~nds b~ome avMlab]e, relI~dless of~t~tiM ~ur~s. ~ Indefi~tely ~ne const~ction of moti~ ]~d~ ~d ~gation ~mprov~ts until such time that ~ ~d Collier Counties reach a~rd on a ~n{~ cost sh~ng on a ~M basis, or until such time that MS~ ~t~ce ~ficts ~e estab~shed in L~Col]ier Counties. ~ Coun~ m~g~t ~ r~ in mmm m mmmm tt~ t'.~ ofl~d~ ~om Lea Co~, tut we cut, or commit to ~s type of ~th~  Proceed with co~=*,'uction oi` median landsc, a- and irri s ~ on L~ Counr,,'s c ..... ~._ _,. ...... ~ and ~00% of fl~e Ea'~t year mrinte~nce cc, its. L~,,e County'~ ~p~diture v~auld apse $265,000, thus rezuitin8 in a construction colt reduction/lavirk~ to Collier County On the crder of $132,500. Collier County wouM aasume pe:pctual ~'bilities ealhnated to colt S90,000. $110,000 for l~e pmjoct per year. ~ Collier County"s 50% fundin, g for cormruction lam:I$ca;~,ng s, nd irrigation Lm-rovem ........ ,- .... of median ~- ~,,,, was n~retorore eltabhthed/appropriated by the Board on October ], ]996 pursuant to th,.: above referenced Joint SuppJement~J lnteHc~..aJ Agree:~t. In the event that the Board decides not to ;~roceed with any landscape ~md irrigation con~rumion, Collier County s~[;l receive its 5~A colt contribution back fi'om Lee. County. Decision Option No. 4 aM'>~'e, if' adopted IZ/t,he Beard, would mash in an · - .~. .... '?'_'"~'~s ~_urc~ mr optmn h,o. ~ is C-mera~ 'Fund OOl wl+~, ....... ~u me ~{1 lng ttnoge Fund 101 · --, ,~,~uc That the Bo~rd oi` Counf7 Com~ssiO~lers aOprove ~ed Option No, 3. Such action ~I~,~! al~o include initial direction to ~taffto Adolto A Oomalcz. P.E., Pgb~ Work~ l:~vt$ion ~.01 HAY O 8 1937 ~ATZOM TKAT THI BOARD O]' ~OVA'TY ~)O(~BS~ON]~S AI)~ROVE A B~:MET ~ TO ~Ay ~M~BASED NJOFI:)ATBD KED~CA~D ceasE. O~J~'~IV~I Board of County Commission(ira approval of & budget ~ent for the Social Servi~:es DapartB~ant budget. ~ additional $43~,000 is neode4 to meet an unanticipated increame in mandated Mm4icai~ costs ~ing charged to Collier County. ~/D~T/O~al Sincm 1984 Florida count/es have been mandated by S~ate Statute [409.267] to pay a share of the costs of providing ~npatimnt hospital and nursing home care to patients eligible for sm~icms ~rough ~e State Mmdicatd program. Counties ara, billed ~on~ly and have 60 days in which to reimburse the State. By law, the ~partment of Baaing and Financfl will withhold tobacco, fuel and other revenues from counties failing to meet this obligation. ~e Social Se~lcms Department criti~ms and verifies client residency and billing charges on each monthly Medicaid bill and deletes those charges that are incorrect or lack 9roper documentation. Over the past 4 years $1,130,000 in errors have been delmted by Collier County. We have shared our critiquing e~mrti~e with other counties and they also started deleting incorrect charges. After a law years, with many ~ou~ands of dollars being unpaid by counties the State has k~n to r~ctify the problem. They are now rebllling counties for those dmletion~ (with proper documentation) as well am billing for current charges. In FY 92-93 $1,150,000 was allocated to pay the county,s Medicaid obligation. Each year thereafter, due to the State's error rate and County deletions, fund~ budgeted for this purpose have ~en reducmd. This fiscal year's allocation is $865,000 despite an ek~anding Medicaid case load each year and routinely increased hospital and n~sing home charges. Medicaid ~arges this year based on 7 month~ e~anditurms year to date are $800,000 which will equate to approximately $1,300,000 for the fiscal year or a shortfall e~timated at $435,000 for the remainder of ~e year. This is an approximate fibre %~ith no guarantee that the billings will be consistent for the remainder of the year. It impossiblm to forecast how many Collier County Medicaid eligible clientm will nmed hospital or nursing home care during a given period of time or if the first 7 month~ e~)enditures are ind~cative of what will ~ charged. Ano~er consideration i~ that the State ham enrolled many eligible clients into ~O's or into a Medipas~ 9red, am. Counties will now re~ired to pay ~O-Medicaid Hospital charges (sme the attached letter of Feb~a~ 28, 1997) retroactive to 7/1/96. A concern is that t~ will increase the M*dicaid obligation, the e~ent of which u~o~. MAY 0 6 [ aONTH ~GEMENT ZMRACTI None ~I~L ~MPA~TI A re.est of ~435,000 f.com General ~d Conttngen~ ~ee~e~ ~s needed to meet ~e co~ty,s obligation for ~anda~ed ~10~,000 for Medicaid Hospital, budg~ account 001-155930-634106 and $3~5,000 for Medicaid Nursing Home, budg~t account 001-155930-634107. If ~dat.d co~=e increase ~ignificantly over current projections ~s ~TI~ That the Board o~ County Co~ismioners approve a ~dge~ ~en~ent in ~e amoun~ of $435,000 to pa~ ~he county,s ~ndated Nedl~id obligation for the remainder of FY 96-97. STATE ()F FLOHIi)A AGENCY FebnmO' ;28, 1997 ~ Ms. Hmw,~:: Wc appr~ci&te .YOUr commentz regnrdh~ tl~ final drnfl of the Medic~d Counly Billing i l~dbook. ~c following is in response In concerns ~prc~t by mem~ of the ass~iadon. hem ]. S~tulo of Limitation,: I~ is lull our ~sifion tM~ no x~at~ exJlls I~( ~x, uld b~ ~e Agency for II.lib Ca~ A~lub~iion from collecting deliuq~nl ack.ts r~civable over ~ old, However, tn keying wi~ the ~{i.,y of~e M~dieiid Ac~tm R~lvable [Inlt, O{e A~ncy ~lJ ~ Invoice ~y p~f duc oha~s wi~oul rc~amhln~ and providing ~equate ~l~lion lo mup~ thc claim. Plc~ te ~ them w{}{ bc no bl~kct invo[ce for ~he ~Jm unpaid ~1~. Item 2 - Billinll £ot M~icmid HMO P~ticni~: ]llc M~dlcaid co'ntr~u~d HMO{ have ~cn ~u~itit~ inf~don lo ~ A~ ~b<,~ch hm~itaI {n~li~ cpisodc sin~ J~ly 1~ 1996~ A ~ ~ is c~t]>' b~in{ d~loped that will tr~f~ all {npatjc~.3 ~Os ~r tn~ticnt ~s. ~{s ~e is gclu~ntg ~ mn~yzin~ of~ Mcdi~id f~ for ~ce ~d MediP~ {~ht~, ~ ~ke~ into accel age, g~hic ~{{on ~d M~i~ld c{{gibility. ~ mpi~to:~ m~ {, cu~ntly ~~ by five ~t prior ~ ~y~ ~* HM~, ~ ~vniicl W{I{ ~ ~n~le for ~5 ~ ~ll ~ ~ ~ diem rate calcuh~ ~~~d a~ ~. ~ ~e mefl~olo~ ~11 ~ included in ~ ~unty billin8 ~ndk~k. Tlm~ you lot your e. on~l~tion to thiA w~Jnhwhi], ptojc¢~. We lock forw~'d to tmplamcnlin¥ the handbook so th~ Ix~.q'tty o~ucs, stattwlde., c~n ~tneflt f~t~m these efforts. Douulu M. C~ok Gat,/Crayton, Director C~6sty C~4. Director of AdmiSsion ~s{~t ~o~ ~{~i~ of~unr/A~omo's HAY 0 k~ ~J97 FLORIDA )ZEDICAZD COUNTY IZLLZIIG - HOBPZ?AL TYPI~ BILLING &CCUMULATIDTOTAL 11/15/96 RF. BILL 13,313.07 13,313.07 11/15/96 R~GULAR 35,195.97 51,509.04 11/26/96 REGULAR 46,859.37 98,368.41 11/26/96 RF.~ILL 6,193.52 104,561.93 12/10/96 RF. BILL 42,894.35 147,456.28 12/13/96 P, EGULAR 22,291.37 169,747.65 01/22/97 RF. BILL 28,622.44 198,370.09 02/12/97 ]~.EG .ULkR 34,331.85 232,701.94 02/27/97 REBILL 8,980.78 241,682.72 03/12/97 REGULAR 34,505.16 276,187.88 03/18/97 REBILL 28,431.02 304,618.90 03/25/97 REGULAR 51,320.14 355,939.04 04/15/97 REBILL 8,777.97 364,717.01 04/16/97 REGULAR 69,200.01 433,917.02 FLORIDA M~DICAID COUNTY BILLING ~UDGRTRD AMOUNT 165,000 DATZ TY~F. BILLING NURSING HONE ACC~(ULATKD TOTAL 11/15/96 REBILL 65,023.92 68,023.92 11/15/96 REGU~%R 15,1~0.00 83,203.92 11/26/96 REGULAR 17,930.00 101,133.32 11/26/96 RE~iLL 9,742.04 110,875.96 12/10/96 REBILL 6,710.00 117,585.96 12/13/96 R~GU~ 17,485.07 135,071.03 01/22/97 REBILL 1,045.00 136,116.03 02/12/97 R~GULAR 16,33~.00 152,451.03 02/27/97 REBILL 3,90!5.00 156,356.03 03/12/97 REGULAR 17,386.99 173,743.02 03/18/97 ~BIZ~ 45,516.50 219,259.52 03/25/9? P~E~ULAR 16,150.44 235,409.96 04/Z5/97 REBILL 24,819.83 260,229.79 04/16/97 REGULAR 15,632.33 275,862.12 m,a;D TITL~ BUDGET AMEND__MENT R Q~ FUND ~.F,H, DATE FtESEFtl/E$ COlT CENTE~I EX~E~O~TU~E 991000 ? 55930 _ClIENT A~.~;$TANCE CO~T CENTE:R NO F.~OJ~CT TiTL~r. MEDICAID - HOSPITAL MEDiCAiD · NURSH',,'G HOME CO~T CF.~TE~ NO PROJECT ~Tt.E RESERVE .FOR CONTINGENCY IttCREASE ($435.000) ~ R EVEN U E.P~U..p. gE-r D.~IL COST CFNTER TITLE PROJECT TITLE EXPL~,,HATIOft WHY FUNDS ARE NEEDED: Addlflon&l ~ndin~ tS needed to melt an unanticip~tad Ihc~ltall of 1,435,000 Incurred by Co_un~y cllentl e~¢e~itn~ Medic~td In..n. LD~tlent HoIp~allZ,~,tlon end Nursing Homt Care Counties ere oblig&led to pay l.. thar-~ of Medlc~lJd coltl at me, ndgted WHERE ARE FUNDS AVAILABLE: A re.'t~.~$! i~ the amount ot $435.000 il needecl from Ge~ar&l Fund REVIEW PROCESS COST CENTER DIRECTOR. ~,~..~ At')MINISTRATOR ~ BUDGET DF. PARTMENT: AGENCY MANAGER: FINANCE DEPARTMENT' OF, BOARD ADM~';. INPUT OJI, TE: EXECUTWE SI~LMARY ' R~-,C~)~DATION T~AT TI~ BOARD OF COUNTY COM2~tlSSIOI~RS CONtiNUE I'X)R TWO WEEKS ANY DISCUSSION REGARDING TE[~ lIN'lER- OUX: To d~e ~ C]~ ~'s ~ d~on r~ p~ at ~N~~ONS: In ~s~g Ci~ Council de,gore r~g ~om a ~ ~ ~ ~ C~ ~. it wu ~ t~t City ~ ~m~ ~ ~ ~ t~ ~~ ~. ~ ~ing ~~t d~s ~ot ~p~ ~ ~~; 30. 1~7. GROWTR MANAGEM~EN'T: None FISCAL IMPACT: No~ RECO~.N'DATiON THAT THE BOAItD OF COUNTY COMMISSIONERS confimm for two wo~k~ any discussio~ n;gatding the interior, al agreement with the City of Napleg regm'ding bt. ach parking. RECOMENDATION TO APPROVE A BUDGETARY P~OPOSAL FOR TILE COLLIER COLrlcrY GROUP -HEALTH OONSIDERATIONS: Since !~9, ~ Collie' Coumb' Bcezd of ('..ommbsiar, e~ baz ndmJnisi, n't.d ~ self-in~m~ j~oap ~ i.~su~ prosr,~ for its eli~i ~bte empl~ms. T~ B~ard of Conunissionc-n is required by Florid~ Statute ! 12.08 ~o c~mpleie an actuarial si'mi), ffl.~e tmoup l~.~.h 'plan ~ ~ ~o ~ ~ ~r ~ing ~ p~n. S~ u~l~ ~ ~ ~d~ to ~ ~ ~ ~_s for ~An~ ~g~ing ~ ~fin~ ~. Hov~.~r, ~ pro. on ~d~ ~ Budg:ied Claims $5,500.000 $5,4o0,000 Ac~al Clair~ ~,268,071 $3,713,423 $4,900,000 (actuarial projection) $4,000,000 (sr. aff projection) Sirg:t the ~ginning of FY 95, th,: group h~llh fund hag exp~ri¢:ac~t significant improvement in its claims extricate. Paid claims in FY 95 ~.-rc $4,265,071. Claims exp.'-ricnct in FY 96 w~s I;3,713,423, a reduction of I3.0%. Paid claims experience for the fi~ four months ofF'( 97 was 4.9~/, below FY 96 l~.'cls for che urn..: This &cr~.g in claims costs is aliribu',able to s~'~ral factors which include a r~duction iii the numar of ca'~--'tax~.hic clsims, the. eff~ of managed ¢~are to re, duce medical inllation, ~.nd the positive effect of the multiple option approach which has resuit,~i in increa,.~xl enrollment in tM higher deduc'Jbl¢ plan particularly ~mong employes wi~h family As a result, cash carryfo~'ard has increased within thc fund due lo this favorablc claims ex'i:gricnce. Cash ~¢orw~.,'d levels ns of September 30, 1996 wtre $4,023,700. Estimated outstanding liability for the runoffof p~id claims stol claims expense costs as oftlmt time were $650,000. Staff'feels il is ~r), lo m~luCt current carryforward significant])' and to develop rates which are more representative of aclual plan cosls. To ensure the fi~ncial integrir)' of the plan, lhr~ objeclives were ~stablishcd. ThcT are: 1) To set rates at a level where plan costs are supporled ~, plan revenues on a break-even basis, preferably ~ upon acttarial recommen~tions. 2) To reduce current mgr,'cs to a level ~ffficicnt to support ~a~utory requirements for run-offand to provide a cushion against adverse claims cxperience. 3) To return to the Board and covered employees unneeded surplus in recognition of improved claims experience. Therefore, staff is recommending flint all of the following be imp.lemented: 1) 2) Declare eight (8) months of premium holidays (unbilled premium). This would result in billings of only $1,g40,000 in FY 97 and would prevent lhe accumulation of further excess reserves. This would also r~luce current cash carryfomard lin'els in the h~fllh fund. '[l~ese savings would lhen accrue in each of the respective funds where employees are budgeted. Declare an experience incentive bonus to employees utilizing two months of these premiums on an split with 20% being reimbursed Io employees in recognition of their prudent use of the plan. The remaining 80% would return to the Board. The amount distributed to employees would be approximately Ti - j i MAY 06 $184,000, which whcn distribvtcd amo~S cliip'bl¢ cmployccs will result in a p,D'mcnt of appt~:immcly S140 p~ employee. Only tho~ cmploy~x-.s who we~ a participant in the plan ns of January i, 1996 would ~ r~/e levels/'or FY 91~ ~= follows: FY 97 ]FY 98 FY 9il Perotnt Rates l~le~ (Owr~l) Rale~ (P~) Reguc'tioa ,S~le. Cov~a~ $2,330 $2,200 $1,900 19.2% Fa~,¥ Cover~ $4,900 :14,600 $4,000 1&4% these agaturr, s would, ~ upon ;I/~: c,,zrrt~t FY 97 f~, ~lt in ~ ~c~d in ~ ~ ff~ ~1~ ~S2,494,~ at S~ 30, 1~7. ~~~ ~t ~t~ ~ ~l~i~ to ~ ~nig l~ii~, ~ n~i~ ~o~ i~ in ufili~ ~ ~11 ~~ ~t ~~ ~ ~ to o~ ~ ~h ~ f~l~n~ ~ ~ ~ 98 to l) Trans,'er funds lo the Workc~' Compensation fund (Fuml 51g) deper,&:~t .upon the actuarial evaluation of Il'al ~1~ as of Seplerr~r 30, 1997. 2) Docla~ an a:klit, ion~l I month premium Iboliday. Discutsicns regarding this prop"./oal ~erc ~a~ed with ~fll of the ptrticipating cor~thutiona! agenoes which i~ciu~: the S. upet~isor or El~-aior~, Clerk of Counr~ Tax Coilect0~r, and P'n;)per~, Apprai;er. ,aJl agtmcies are in affr~m~t with the recommergtations cont~i~d herein. GRO~rrl-I MANAGEMENT IMPACT: Nonc. FISCAL IMPACT: The reduction in FY 98 roles will result in an estin'm~ ~'er'all reduction in the counl~de ~ of $920,000. The amount of unbilled l:,rcmium in FY 97 ~ill be approximately $3,680,000. 'l'heso fit~ls ~'ill remain within ~epartmental budgel~. RELATION: It is recommended l~at the Board appros~e the foilo~ng: I) The dectaration of eigh! premium holidays; in FY 97 lo include bah emplo~gr and employee. 2) The dis~ibution oran experience incentive bonus Io employees as described in the considerations with such I~)'menl to be made u soon as pr'aclical. 3) A rociucYon in the bodgeled rates for FY 98 as described in dx: considerations. 4) AwAxa'ize gaffto under, xke those rt,~vares nece~nt3' to fulfill these dit-..clives. ! ,41~T~V~Ik, t'r, ARhL Director REVIEWED BY: ~ E. Och.% Jr., Support Services Administ~mor 0 6 AI~'OVl~ IrEtND~G FOR ~ YOUTIt !bwTrATIONAI, SOCCER O~~: To ~ve ~d~g for a Y~h h~a~tion~ Sc~ Tc~m~ for '~~~ONS: A~ ~e ~l 2'1, 1~7 m~g ~e Tm~t ~~mt ~cil ~ ~} ~}li~on f~ I ~t f~ ~ N:~I~ Y~ ~ Club for $5,670 f~ a The Touri.~ Deve.to~m~n! Council ummimos~ly r~commend~ funding thc re~oest.. FISCAL IIv~AC[: Sufficiem fonds are ~,a~ilnble in Fund 193 r~esar~. A latdgel sm~ndm~t i~ nec~,sn.ry. ~/~COI~'Jfi)A~ON: Approve funding the Naples Y~th Socc~ Club for $5,670, To'~t D,.w~lo~raent tim&, C~t~ory C. Amhorize Chs. irmm to si~ s~ndard Category C ~ and approve budg~ Amcndmem. Miclutel Smykowski, OIvlB D~ctor by: Date: Heidi Ashton, A~sistmlt CoupE! Attorney Date To be Determined August,, September, or October Naples, FL Vineyards Community Park Veterans Community Park Pelican Bay Community Park s~,nsored bx' Naples Youth Soccer Club Post Office Box 7555 Naples, FL 33941 AGENDA II'EM No..:': i HAY ..-6 VISION The Naple~ invitational Club Cup (NCC) is an even! designed to aar~cl premier and elite lean= from Ihe besl clubs from fixroughout the slate of Fl(~da. We will provide plush pitying field~ high-level e~em management, and quality referee's, so the heal, tean~s will seek Naples as the l~emier soccer evem ofthe year in preparation fcrr team development and ~att play-offs. BACKGROUND N~ples Youih So,:er Club (NYSC) is re.~:~eaed s'latewid¢ as s club with a slrong vision of pi,yet development, individual learn suclx~ss, and highly ¢~rganized went managenxmt. It is wit& this reputation ~nd the need for :in evem which anrsc~ only ~e best competition that the Nsples imAtationai Club Cup was fo~n&d. The NCC will offer competition in ~oups: boys under 14, 16. & 18. Each age group is limit,ed to 8 te~ms to make best u~ of the curren! number of fields available. NYSC ~411 field one (1) team in each age group with a total of 28 teams a~xending from omside Collier County. ~LARKETING NCC is targeting clubs with teams who finished in the Final Four, or Sweet Six'teen in State Cup competition during the 1995-96 seasonal year. Additionally new teams featuring. players on the Florida State, Region. or National Olympic teams x~511 also be encouraged to anend. Teams registered with Florida Youth Soccer .Association (FYSA) will receive invitations bb' mail..-~ acceptance package will be mailed oul including all hotel and local tourism irffom~ation. Sponsors' Iogo's will be included on the tournament lenerhead. program, and all advertising. Two (2) full page adverlisements will be placed in Touchline magazine (circulation 80.000). ~he official publication of FYSA. SCIIEDULE The schedule for this event will feature a total of 48 games begi~mingS~t 8:00am until 8:OOpm and Sunday from 8:00am to 4:30pm..MI matches will be played at Vineyards Conummity Park. Veterans Con~mmky Park. and Pelican Bay Conm~unitv Park and is coordinated with Collier County Parks and Recreation Deparlmenl. AGENDA ITEM MAY -.6 1997 Pg.,. MARKET ANALYSIS Each team averages 16 players, 2 coaches, and 2 family m~'nbers per player. Each player and his family spend an average 0£$400 on lodging, gas. food. entertainment. ¢~c. '~\'i~l~ 2,1 learns averaging 16 players each that's $153,600 of out-or..county dollars. (Figures based on the infom'mion from Soccer Industn? Council of.~nerica) 24 Teams 16 Pllayers Each 384 Total Players 384 Players x $400 avg. total expenditure = $153,600 INSURANCE The loumament is sponsored by NYSC affiliated with FYSA and includes SI.000.000 Liability Insurance and Pe~onal & Bodily Insurance exceeding ~l~e amount required by tl~e Collier County Tourist Development Council. ' CORPORATE STATUS Naples Youth Soccer Club is listed as a no~-for-profit 501-c-3 corporation under Document N34278. FEI Number 65-0143861 With Florida Deparlmem of S~ate. Division of' Corporations. AGENDA ITEM HAY - 6 FJ97 P~. -;,' ~ Referee Fe~s Referee Lodging Referee foc~ & beverage T-shirts Aclv~rtising Administration Coaches Reception Awards Tournament Pro,gram Securib/ Equipment Touchline Magazine, etc. Tournament Director Selar~ Acceptance Packages Travel Expenses/Promotion Postage/Promotion Telephone Food & Beversge t-shirts trophies Club Cup pins Tents & Tables 48 games S50.00 24 rooms 5501 250 Printing S500 00 20 S7,00 3 S40 00 3 SS0.00 500 S200 500 S5 00 16 hour~ S15.00 12 $40.00 lOOtablesand chairs AGENDA I~"£i~1' No._&: t (/) _ MAY - 6 1997 EXECUTIVE SUMMARY API~ROVE FUNDING FOR A 20K RUNNING RACE FOR $3,000. TOURIST DEVELOPMENT FUNDS, CATEGORY C. OBJEC'rI'vE: To approve fundLag fo~ a 20 K Running lLsce for $3,000 Tourist Deve~opmem fuads, Category C. CONSIDERATIONS: At thc April 21, 1997 meeting the Tourist Development Council reviewed aa applic,~tion for ~ grant frogs the Gxflf Coast Kunner~ for a 20K race in September, 1997. Tourist fund~ would be 'used to adverfi~e and promote the event. The Tourist Development Council umufimously recommended funding the request.. GROWTH MANAGEMENT IMt'ACT: None FISCAL IMPACT: Sufficient funds ~u'e available in Fund 193 reserves. A budget amendment is necessary. RECOMIVlENDATION: Approve funding the Gulf Coast Runner~ for $3,000, Tourist Development funds, Category C. Authorize Chairman to sign standard Category C contract and approve budget amendment.  /~ean Gan~el, Budget ~naly Review. by: /'14''~~' 3'~'-"'r~'-'-----' Michael Smykowski, OMB Dixector Date: R~viewed by: Heidi Ash~on, Assistant County Attorney Date: Funding For C. atcgory B (Promotion an~ Adva,lLs~ng of Tourism in ColEer County) and Category C Ct.octl Projects Acxlvltles wtxich Promote To~."~ in Collier County) C~mpletext applications must be recelv~ st the below ~ldre~,; no later than 5:00 e.M. t~.,~:mb~~ M~r¢t~ ~,/qf7 Admini~h~,ior Collier County Tourist Dcx~opmeat Council County lx~m~ger's Offic~ 3301 E~t Tarfila.mi Trail Naples, Elodc~. 33962 Name and Address of Applicant Orgmxization: 0. Contact Person., Title, and Phone Nm.bev. Organization's Chief Off, cial and Title:: Is this 3m application for Category B (Promotion and Advertising of Tourism hx Collier County) or Caiegory C (Local Proicc~ and/o~ Activities v.,hieh Promote Tourism in Collier CounW)? Cilcck onc: C2.:cgory B __-- Catcgoq' C ' K~"' - 6 t997 i~w'('m~h TI~ fun~t is your ort~mz~on ~' ~ Briefly describe progr~-m including: . Your org:miz~tlon's capsbility to lXOmOte CoUi~' County m tourist d~ti/~tion. G.~graphi¢ focus of promotion, i.e. Coliiex County, Mm'co ~sl~d, Everglades, etc. . Applications mttst be accompanied by the following: b) c) d) e) 0 Verification of not-for-profit smttts Last fiscal year financial smte. mcnt Incorporation papers unless s~:cifically xvaive, d by TDC Detailed line item budget for program for both revenues and expenses. Detailed description of proposed plan A marketing plan may be substituted for items d and c above. $. Category C projects end activities which promote tourism should have the "shoulder end off sca.son' of May ii,rough November. Wl~at is the schcd, ule~ projcct/acttv~ty · ,,',,a .~: -.; '..' . .-..' '.'.';~. , .'.' ~, ...-:. ~. '. ', '... ~.. :.'...!;' · *~ " "· '.': ..... : " .... , .~'~;' '.':/" ;,7 '.; '". · .;'' '.~ . .; , . ... '. . ;;:~"..".~ ~ · ~ , · o '° ~-:'.".'" .. .. '.'..' ..':'.' -. '".'~..,~:.~ .,~ ~X' ~t;. ,~. ~ 9. DL~u~s' how );~ur ~c~-~fiznfio~....will mc~sur~ ne .nwnbc~' of H, siio~s attmcIcd and cbc number of room nights generated by ~ ~,,c~L lO(a). Identify the pogential for att~g 'shoulder nnd off sca.son', out-of-county vLsitors a~ Sl~tors or p~tcticipants ~ as '~d~ouklcr and off sca.son' visitors attractc~l l~r Tourist 13~velopmen! dotlar expe~ ' ' '.~, -e ~"~v~t ! lO(b). Identify the potential for atWac4ing out-of-county visitors as spectators or participanLs. expressed as "out-of-county" visitors nltrac4M per To~ffist Development dollar expended. lO(c). Identify the e. stimated number of hotel/motel or campground' M.v. ha generated from the allocations of Tourist Development fimds expressed as ovemig_ht stays per Tourist Development Dollar expended. .[4~(! -'~._~.! '~'~.~u~h4 t, ~ - ,'~_.' ~0 lO(d). to(c). Identify the matching dollars provided by ymu' organization expressed as matching dollars p:r Tourist Development dollars expended.~ '4'k~ O~.,~ ~'~l.I, ~tn,~ I,. ~ ~, ~ Ir I'~i4F Identify the future _m'o~'th potential of the project being submJned x~4fl~out 'rou_Hst Development funds v_s TDC funding is to be regarded as seed money, not continuous funding. '1 AGENDAITEM MAY - Discu~ the soundness of your ou~-of-county rn~eti~ plan, spedfic,,dly in terms of how the ~:vent will be promoted ~o dntw out-of-county visitors. lO(g). Discuss your organization's management and stability, specifically, in terms of its ability to manage the project in accordance with regulations and to achieve the intended results. lO(h). Discuss your organization's re. adine.,;s to implement th~'. project. AGENDA~ " NAY too). DLqc.~ why funds m'~ unavailable from {)*.her sotm~ Touris~ Development funds should not be viewed ~ supplanting or repl~cing existing funding sources. Discuss thc capacity of ~he project to enrich the artistic, cultural, and environmental attractiveness of the community to the visiting public and compatibititY with the I have read the Tourism Grant Program guidelines and criteria and Resolution and a~ree that my organization wilt fully comply with the No. 93-.______ - - guidelines and criteria and Resolution No. 9~-.____.- chief occ, ci.~l O :\WP 52 D AT^',.LLB~K P I~.\TG R ^ MT .T X T~B\04-21-9 ~ AGENDA ITEM NO. ~::. ~' .'.-'~ MAY - 6 t997 pg. E GULF COAST RUNNERS PO Box (941)262-~6s3 Tourist Development Counc~ Napl~ On-the-Run 20K Sunday, September 21, 199'/ :To: !Time: ! ~Thi~ i~ tl~ fifth year for the running of N~)les ~ ~t R~ in the State dung l~ ~t~ ~ ~d ~ ~ ~ p~ng f~ Fall . ~ ~ ~is Race m ~ir m~j~ tu~.~ for thcir mua~n e~t. ~] ~ from ~c Racc will ~ ~t~. to t~ Oulf~t R~ You~ ~vel~m~ and ~l~ip Pm~n. ; ~Rh lh~ ~ifi~ p~r~tio~ ~g ~ ~ ~t ~5~ p~ple ~m ~ ~ate to visit ~ N~I~ for't~ ~d. With a $3,000 budget, wc could adveaisc extensively in all of the State's spor~s publications. ' The Gulf Coast Runners th,'mk you for this opportunity. Perry Silvcrman George Dondanville Race Directors AGENOA ITEM MAY - 6 t997 GULF COA~;T RUNNEPC~, PO Box 8636 Nnple~, I~ ~102 (941)262-565~ Marketing Plan for Naples On-the-Run 20K all ads we wUl IL~t motels, phone numbers, and rates. · Rnt~ B~e 30,~30 I Full color sd - Jul), $400 1 Full color sd - S~pt. $400 ~0_q~iLE~R unnin~ Forum Raw Ba,c 12,000 July- ! full page black/white $375 August - 1 full page black/white $375 Sept. - I f~ll page black'white $375 Rate Base 25,000 Summer Issue - 2 pag~ ad $500 Rate Base 18,000 Summer Issue- I full p,~ge S500 52.92S AGENDA ITEM No. ,~'. E "~"; HAY - 8 19!}7 GULF COAST RUNNERS PO Box ~6 N~:,les, FI 34102 , Planned Budget - Naples On-the-Run 20K September 21, 1997 Spot~sorsh{ps 1000 Race Efltry's ~ 8200 Advertising $ 7~0 Awards S i 250 T-shim $4000 Mlsc, Race Expenses $1 f, OO 56800 Coatributton to Scholarship Fund Foomote: With TDC dollars we could generate at minimum 200 mort cntrics most of who wx~uld come from out of county. pl.AGEND~ No._~: .~/:.~.,, 1~ HAY -$ I~7 [ EXECIYFIVE SUMMARY CONSIDER FUNDING A SENIOI~ BOWLING TOURNAI~fENT FOR $49~69 TOURL$T DEVELOPMENT FUNDS, CATI~GOR¥ C. OBJECt: To consider funding a Seniors Bowling Tournament for $49,969 Tourist Developmeat funds, Category C. CONSIDERATIONS: At the April 21, 1997 me~Zttg the Tourist Developmeat Council r~'iewed m ~oplication for & grant from the Guifco~st Bowling Council for a senior bowling tournament in September, 1997. The request of $49,969 is for operational costs which does not comply with the Board's direction for revised Category C guidelines. The Tourist Development Council unanimously recomm,mded funding the request.. GROWTH MANAGEMENT IMPACT: None FISCAL IMiPACT: Sufficien! funds are available in Fund 193 reserves. A budget · rnendmem is necessary. RECOM]VlENDATION: Consider funding the C-*alfcoast Bowling Council request for $49,969, Tourist Development funds, Ca'tegory C. Authc. rize Chairman to sign standwd C~tegory C contract and approve budget m~nendment. Prepared by:~./ ~ Jean Cr',msel, Budget Analyst R~viewed by: Michael Smykowski, OlVFB Director Date: z'//3~/5' ? Reviewed by: Date: Heidi Ashton, Assistant County Attorney AGENDA ITEM HAY - $ Collier Coun(y T~u~;t Developmclat Council Grnnt ApPi~a'~°n '"= Funding For C~tcgory B (Promotion and Adv~t[s[ng of To.sm in ~lli~r ~unty) ~d ~t~o~ C ~ Pco~ ~or A~i~ti~ ~i~ promote To~ in ~lli~ Co~) Completed applicatio~ must I~'. ~cived at ~ below addre~ no later than 5:00 P.M. November. 1, 1994. Collier County Tourist De~elopraeat Council County M~magc~s Office 3301 East T~fiami Trail Naples, Florida 33962 Nh.me and Address of AppLicant Organization: Contact Pcrso~ Title, ~.ud Phone Number: 3. Org~adzation's Chief Official and Title: 4. Is fids b.n application for Category B (Promotion and Ady,:nis~ug of Tottrism in Col2ie. r County) or Cate§oW C (Local proiecta ~nd/o( ^cdvkies wtfich Promote Tourism ,n ~GENOA ITEM C?:egory B ~ CmcgoW C ~ Collier County)? Check one: KAY - 6 s './q~ q~q, o~ Briefly describe program including: Your orgmizafion's capability to promote Colliec County as tourist d~sti6ation. . .z.,,',-'--' ~ ~-'-,-" ~- · ' ' Marco B'lancL, Everglades, etc .C,~ Geograpl6c focus of promoUo~, z.e. Colher Cotuaty, M - ' . Applications must be ac,~omp~micd by file following: ~) b) c) d) e) Vcrifi~tion of no~-£or-profit status Last fiscal year financial stat,:mcnt Incorporation p~pers unless specifically waived by TDC Detailed line item budget for program for both revenues and expenses. Detailed description of proposed plan A marketing pjzn may be substituted for items d and e above. $. Ca~¢goo' C projects and activities which promote tourism should have fl~e 'shoulder and oR,season' of Ma)' Ll~ough November. What is th~: sched, ule~ project/activity? _~-z~g~r2_~.,. ;I'''v'' ,,'~--'4'r'~ R~ aaa empha~is on No. ;- ~ ~ PlAY - $ Igg? 9. DLscu~ how ~;0ur 'organiz~oa.:,,.wili mcasurc the number 0£ visitors attracted and thc number of room n~ghts Seoc~_~_-~_ by your evc~C lO(d). Ca/ego.fy C Selection 'CHteria: Identify the potential for attracting "sho~Hde. r :md otT scason", out-of.county visitors as spec~tors or participants exp~ as 'ahoulder ar~l off season' visitors attracted p~r To,~ri~t Development doll~ eXlx:nd~ [dentil), the potential for attracting "out-of-cotmty" visitors as spectators or participants, ressed as "out-of-county" visitors attracted ~r ~ou. Hst Development dollar expended. Identify the eztimated numbea' of hotel/motel or c.~mpground' nights generated from the a].locatioms of Touriat Development funds e×pre~;ed as overnight stays per Tourist Identify the matchhag dollar~ provided by your organization expressed as matcMng dollars per Tourist Dcvc~pment dollars expended.. Identify the future gro~'th potential of the project being submit'ted x~'ithout Tourist Development ~nds as TDC funding is to be regarded as seed money, not continuous funding. AG£NDA ITEM HAY .. 8. Discuss the soundness of your out.~ff..county marketing plan, specifically in t~'ms of how the ~vent will I~ promot~ to draw out. of-county visitors. tO(g). Discuss your organization's management and stabilily, specifically, in terms of its ability to manage the project in accordan,:e with regulations and to achieve the intended results. lO(h). Discuss your organization's readiness to implement the project. AGEN :)A ITEM HAY -6 lo(i). Discuss why funds are unav~labl¢ from otlgr sources. Tourist Devclopm~rtt ftmd.s should not I~ viewed as supplanting or replac:ing existing funding sources. 10(i). Discuss thc capacity of the project to eruich thc artistic, cultural, snd environmental attractiveness of the community to the visiting public and compatibility with the commurLity ia general. I have read the Tourism Grant Program guidelines and criteria and Resolution No. 93- and a?ee that my organization ~...~iJ.k~ the guidelines and criteria and Resolution No. 93-~.~._ LT' Signature of Organiz. ation s Chief Official D a~c: .~- /o0-~'7 O:VsvP52DATA\LLB~K PK\TG RA NT.TX13.LB\04.21-94 AGENDA ITEM · ' MAY - $ Pg._ 6- BV1,. FUND Budget Report .January thro,gh De~ml~' lt~? 2,s4~,oo .4~,Nt.oo 13VL FUND P&L Budget Comparis~on January through December 11)96 Z067.00 3,0:/3.00 ! ,304,~ 7 1 GOO 1OD.CO 13,oeo.co 3o,cco.oo 16,451.67 10,010,00 I0,C03,C0 6,CX:~O,C~ 6`CX:X~,CO 14,511.0D 1 I ,~O0,OO 1 4,O10,00 ~1~,0,~.51 67,6M.C~ 412.374.80 -013.00 ~.~ 104.0.7 108.7% -IC~.OO 0 ~ ~,~.~ ~.~ -7.~.13 -110.~ · 1 lg.~ 11.~ 1~.I~ 37.91 107.~ 1 ~,~ I~.~ 0.~ 0.~ 1~,~ 1~.~ 10.~ I~.~ AGENDA ITEM NAY - 6 1997 APPROVE FUNDING OF S126,404 FOR SEA TURTLE MONITORING TOURIST DEVELOPMENT CATEGORY A FUNDS OBJECTIVE: To approve funding of $126,404 for Sea Turtle Monitoring with Tourist Developmem Category A funds. CONSIDERATIONS: At the April 21, 1997 meeting the Tourist Developmem Council reviewed a grant applications for $126,404 for Sea Turtle Monitoring. This ~plication was also reviewed by the Beach Renoumishment Committee. Both the TDC and the Beach Comm_ittee unanimously recommended funding this request. GROWTH MANAGEMENT IMIaAC.T: None FISCAL IMPACT: Sufficient funds are available in Fund 195. Funds will be allocated in Fiscal Year 98 RECOM3~NDATION: Approve $126,404 for Sea Turtle Monitoring Tourist Development Category A funds. Prepared by: ~ ~ Jean Gansel, Budget Analyst Reviewed by: Date: Heidi Ashton, Assistant County Attorney Reviewed by:,, t~4~-~-' ..~~, Michael Smykowski, OMB Director AGEh~)~A IT. EM No._~ MAY -B / Collier County Tourist D, velopmsnt Council GRANT APPLICATION Beach Renourishment and Pass Haintenance (Beach improvement, maintenance renourishment, restoration and erosion control, including pass and inlet maintenance) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Manager,s Office 3301 East Tamiami Trail Naples, FL 34112 Name and Address of Applicant Organizations ~ollier County Board of County Commissioner= ~301 Tamiami Trail Eas% Naples. Florida 3411~ Contaot Person, Title and ~hone Numbe=~ Protect Manager III Organization,s Chief Official and Title: Commissioner Timothy L. Hancock Board of County Commissioner~ Brief Project Descriptions Monitor County and City beaches for Sea_T~ Nestin~ Activities durin~ the 1998 Nest:[n~ Seaso/1 AGEr~DA ITEI~ Collier County Tourist Development Council Grant Application Page 2 $. Zstimated project start date: Estimated project duration: Total amount requested: 6. One ~1), If the full amount reque~)ted cannot be awarded, the program/project be restructured to accommodate a smaller awar~? can Yes No__~ 9. Identify the goals and objectives for the project: The following coastal construction activities conducted in Collier County, require coastal construction permits from the State of Florida. 1. Beach nourishment; 2. Construction, excavation or maintenance of coastal inlet and related shoals; 3. Beach cleaning and grooming activities landward of the mean high-water line. The following excerpts from current regulations (Chapter 16B-41 Rules and Procedures for Application for Coastal Construction Permits, Florida Administrative Code), provides for the scope of the permitting process and protection of marine turtles as it relates to the aforementioned activities. 16B-41o001 Scope This chapter provides the requirements and procedures for the issuance, denial, transfer, renewal, modification, suspension and revocation of coastal construction permits. In this Chapter Coastal Construction is defined as "any work or activity on or encroaching upon sovereignty lands of Florida, below the mean high-water line of any tidal water of the state, which is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes.,, any application for a permit under this Chapter for cos= construction that aifects marine turtles shall be subje¢ the conditions and requirements for marine turtle prote¢ as part of the permitting process. 16B-41.0055 Protection of Marine Turtles (Florida Administrative Code) (1) In keeping with the Departments Authority to protect marine turtles pursuant to Section 370.12, Florida Satutes, AGENDA ITEM MAY - Collier County Tourist Development Council Grant Application Page 3 (2) The Department shall require appropriate measures to protect marine turtles and their habitat, such as: nest surveys, nest relocation, nest marking, modification of coastal construction, measures to reduce sand compaction, and short and long term monitoring to assess the impacts of the permitted coastal construction on marine turtles and their habitat. The Collier County Natural Resources, with assistance from Conservancy, Inc., monitor the following beaches for sea turtle nesting activities as a permitting requirement of the State. Barefoot Beach: construction, excavation or maintenance of Wiggins Pass (only that area included within the area of influence of Wiggins Pass; 1 mile north of Pass south to WiggJ. ns Pass) Vanderbilt Beach: beach nourishment; construction, excavation or maintenance of a costal inlet and related shoals (Wiggins Pass and Clam Pass); beach cleaning and grooming activities landward of the mean high-water lime. Parkshore: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Clam Pass and Doctors Pass) city of Naples: beach nourishment; construction, excavation or maintenance of a coastal in3. et and related shoals (Doctors Pass and Gordon Pass) Marco Island: construction, excavation or maintenance of a coastal inlet and related shoals (Big Marco Pass and Caxambas Pass); Beach nourishment; Hideaway Beach T-Groin; beach cleaning and grooming activities landward of the mean high-water line. The duties and associated costs of the program are as follows: 1. Administrative/Permitting 2. Reconnaissance and Beach Zoning 3. Daily Monitoring (7 days/wk./beach) 4. Evaluation 5. Mapping 6. Data Entry 7. Disorientations (associated with beach profile) 8. Reports (Annual and Sea Turtle Protection Plan) 9. Mobilization/Demobilization 10. Vehicle Maintenance 3.1. Supplies 12. Beach Compaction Studies and Reports 13. Dune Vegetation Monitoring 14. Nest Relocation in Construction Areas 15. Monitoring and Reporting of Escarpments AGENDAITEM No. ~ - .':! MAY - $ 1.9~7 p~., c/' · Co'l~ier County Tourist Development Council Grant Application Page 4 The purpose of this application is to obtain funds to perform the requirements of a sea turtle protection program in the specified locations. 10, Describe_wh~t be_D~$it~ will be received from the ~rotect: (a) The program enhances the potential for receipt of funding assistance from State and Federal Agencies for coastal constructionr including beach nourishment and inlet management. (b) The program allows for numerous activities seaward of the State Coastal Construction Control Line (CCCL) to be conducted during the sea turtle nesting season. (c) Allows activities otherwise prohibited during sea turtle nesting season to be conducted (i.e. beach raking). (d) Provides coordination with State and Federal agencies for the protection of threatened and endangered species. (e) Provides baseline data utilized by engineering consultants related to beach design which could result in a reduction of expenses to the County. (f) Provides for beach sand compaction studies as required by Federal and State permit conditions (g) Provides for monitoring of new dune vegetation to assure survivability 11. Describe how the effective~ess of the pro~¢t will b- ~va!uated: Prior to approval for implementation, and construction, the beach nourishment and inlet management projects will receive extensive evaluation as to their effectiveness by the Florida Department of Environmental Protection, the U.S. Army Corps of Engineers and the Beach Renourishment/Maintenance Committee as well as local environmental and permitting agencies. Satisfactory provisions for continuing Sea Turtle protection and an adequate data base will be required as part of this evaluation. 12. Describe how the proiect enha.nces e~tinq County T~uF~st Development Dro~ra,[~S: As a requirement for approval of the beach nourishment and inlet management projects, provisions for monitoring sea turtle nesting activities will be instrumental in the implementation and subsequent management of these programs. 13. Describe how $inan~al re, sOUrCeS w~ be mo~itor,._d.' The project budget will be managed through the exis financial and management structure of Collier Count' will be administered by a project manager in the Of of Capital Projects Management. AGENDA ITEm :ingNO._-." f '- I__ ' and !lO'MAY- ~ [9~7 ~ · Co~ier County Tourist Development Council Grant Application Page 5 The basis of the project budget consists of Personnel and Operating Costs associated with performance of the monitoring activities. The total amount of the proposed budget is $126,404. 14. Ple~$e complete the following que3~iops ~n4~rovide additional infor?.at~on, if * Does the proposed expenditure further objectives outlined in the Mission Stakement? the Yes. Beaches are the major tourist attraction in Florida and their management and restoration is of vital importance. This project directly impacts the ability to obtain permits for such restoration. * Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes. This project is a County-wide program. * Does the propose.~ expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes. Environmental issues and considerations are a major component of the project design and must be satisfactorily addressed to obtain permits from the regulatory agencies. Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredginq/management projects? Yes. This project is essential to permitting, implementation and maintenance activities related to the Collier County Beach Restoration project, the Marco Island Beach Restoration project and the six (6) inlet management projects. Is the proposed project requkred b~ a regulatory agency as a condition for approval/fun4ing the Collier County beach restoration projects? Yes. Sea Turtle Monitoring is a requirement for issuance of permits from the regulatory agencies for construction and maintenance of th( beach restoration project. AGENDA ITEM MAY - $ L997 pg._ /*.., Collier County Tourist Development Council Grant Application Page 6 Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes. Successful and timely performance of this project is critical to on-going beach maintenance projects. Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes. Efforts on this project will enhance the potential for receipt of state and federal funding assistance for the Collier County Beach Restoration projects. Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes. Comprehensive Sea Turtle monitoring data will provide a basis for cost effective construction scheduling. * Is there a potential for an alternative/matching funding source? No. Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Com~ission action? Yes. The criteria for design of this project provides for compliance with provisions in the Growth Management Plan. The Board of County Commissioners has endorsed this project and the proposed schedule]' Provisions for Sea Turtle protection is a major consideration in this regard. Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes. Beach Renourishment/Maintenance Committee at regularly scheduled meeting on April 3, 1997. Their recommendation will be forwarded under separate cover. This application will be considered by the _-t-, = 1 ~GENo A ITEM No. MAY - 6 1997 pg. .'? PASSED A~D DULY ADOFTED by the Board of County ~21~j~ , 2992. PuD-g1-8 ORDINaNcE nb/614a -2- MAY 0 6 1997 e~. ......... R'O~ I'.'RT A. BI, HALF' OF IIA/.,LAS TOW~(SEND P.O. BOX 1110 I~OKAL~E, FLORIDA 33934 CONSULTING ENGINEER: DAVID S, WIL~ISON, P.E., VICE PRES. WIL~ISON & ASS~IA~, I~C. 3584 ~WGE A~E, ~ A H~, ~RID~ 33942 ~I~~, ~NS~T~: N~, ~DA 33942 P~IN= DR. N~O 3. SPAGNA, AICP, PRES. F~RIDA ~ INST., INC. 3850 27TH AVENUE S.N. ~LE~, F~RIDA 33964 DATE REVIL%~ED BY CCPC 12/19/91 DATE APPROVED BY BCC___~ ORDINANCE NUMBER A~END~S~NTS AND RF. PF. AL E~{IBIT "Au AGEND& r£EM NO, ~ 0 $1997 TABLE OF CONT]O~"S J~'AT~F.b'T OF COHPLIANC~ S ECTIO},.' I ~£CTION III SECTION IV SECTION V SECTION VI S£CTION 4 11 24 26 l&n~ loc&t,ed in the louth 1/2 of th& r~rTh%~t 1/4 of ~ction 4, eou~ l~ne of ~a~d No~wes~ 1/~ ~ence No~ O0 ~. 46~ 47" Welt 50.00 feet to ~e ~ln~ of Begl~, ~ld ~lnt ~i~ on nor=h right-of-way line cf S.R. 2~; ~ance fou~ B~ ~g. 2S' Weo~ 348.S7 fee~ along lald riqh~f~y line to a po~ of thence 21S0.68 feet alo~ ~e arc of a cA~l~ ~ concave Deg. 44' 33" Wes~, chord 19~9.90 feet to ~e i2~eraec~ion of south right-of-way line of Ro~s Ave~ue~ ~anc~ N~ e9 22' 20" Ea~ 16~4.&4 fae~ along said right,f-way line~ South 00 D~g. 46' 4~" ~at 634.67 feet~ ~a~ce Noel ~9 D~. 24' 0~" ~as2 210.00 fae~ ~e~ce Sou~ 00 ~. 4&' 47" ~st 614.77 feet to th~ Point of B~A~ing; cont~!ning 3~.67 a~es, more or leas. SubJec~ to all easements, rez~l~iona and reme~ations of record. X~ ia ~he tn=erie of the peti~ioner to de,lop ~ls land into acres of single family residences, 9.0 a~es of ~ulti-f~ily residences, 18.~ acres of c~ercial uae, 4.1 a~e Historic and 2.~ acres of roadway along wi~h ~e r~ Wa~ar Recreation and ~em apace, and rala~ accaaaoxT uses CO~LI~CE WIT~ CONC~Cy ~a~ se~ice~ and facilities. of ~he Collier County Gro~ ~g~en~ Plan ~cAuse of followtn~ reasons: A. The proJec~ has ~en lou~ to ~ consistent wl~ Poll~ ll.l.1 of the ~nd Use Section of ~e I~okalee ~s~er Plan Elemenk that Is stated as foll~s: '~e l~okalee ~s~er -1- MAY 0 Plan Future I,a.~d Uae D, aiq~ation shall im:lude a ~tur~ Uae District for co~erclal ~.c ia ~ ~ ~e B. The proJ~c~ ha~ ~en f~ to ~ ~m~n~ wl~ Section B. ~nd Us~ ~ai~ation ~s~l~lon, of ~e Section of ~he Iuokaloe Hamtmr Plan Elint, ~ltA r~rde to ~e aubJec~ prope~y ia l~a~ed ~l~ln ~e C~erca Center/~lxed Uae Dls~r~c~ aa aho~ on the X~kalee ~ture ~d Wee ~ap. au~ls~ric~ la desired to function aa ~ ~l~en~ center and encovraqes co~ercial and institutional within this Uses ~ltted su~ls~l~ include ~oppinq c~t~8, gov~ental ~eneratin~ uses. Residential devel~nt Al ~ltt~ wigan ~e ~ixed-uoe au~ts~rlc~.a~ a ~xl~ density of X2 dvelll~ per qroos acre. Residential dvelli~ ~itf are lhited to .family structures and less in~ensive ~l~a such as single-really provided ~e7 are co~a~lble wl~ ~e distich. Non-co~erc~al use~ ~ltted wigan ~e C~erce Center/~lx~ Use Dlstrlc~ i~clude uses guch aa par~, open apaca, recreational uses, ~ches, ~lic And private zch~ls, day-care cen~ers, and ~hose essential se~ices aA defied An ~e Collier County ~nd Develo~ent C~e. ~aluatin~~ ~ ~~ Acres ~ A Single'FamilY ~.J -- ~e~tdenttal 4.07 B Mul~i-Famlly J.0 Since the density of ~e Single-really Residential tract and the density of ~he Nultl-Faally Re=ldenklal tra~ are ~ lea= the aaximum den=l~y of 12 d~ellinq ~l~a ~r ~o=a acre, condi~lonal uae= are similar ~o nom-c~rctal ~ea Pe~it~ed Within the Co~erce Cen~er/~ixed Cae Dla~rlct (or in soae cases, De~ikted re~identAal usaa) ~he re~Adenkial krey= are conal=ken~ wi~h ~he Z~okalee Nester Plan Eleaent of ~e Collier ~ro~h Management Plan. ~aluation of Commercial ~act ~rac~ ~ ~~ ~s~~ c ~.a To,al 18.6 260,000 -2- D~Signed to provide e~ploy, ent generating uses, ~he two commercial trects would accolr~odate cosm~rcial ~s ~l~llar ~o ~e ~e~ ~fld cond~ional us~s ~tr ~ C-4 (G~n~ral zoning d~s~rict ~f ~ Collier Co~W ~ ~velo~nt C~e. Floor ~ea ~ntio of 0.32 Is a relativ~ly ~rnte ~t of co~erctal intensity. ~r~e~re, l~ cen~al l(~lon within the I~okalee Urban ~ea prov~ea a l~lcal ~in= for concen~ra~ion of 9ameral co~e~ial land uses. ~e two c~ercial ~ac=s are conslsten= wi~ the X~okalee ~s~er Plan El~en= of the Collier County Gr~h ~anage~en~ Plan. The 4.1 acre Historic Sit~ in ~lmilar to p~rks, o~n a~c~, and publicly-owned recreational usaa. 'Since non-c~mercial pa~ittad within the Co~erce Center/~lxed Uae District incl~e uses such as parks, o~n space, and publicly-o~ed recreational uses, the Historic Site is consistent wi~ the I~okalee Plan Element of the Collier county Gro~h Hanageaent Plan. Consistency With ~e Growth Management Plan includes ~ore than a finding of land use consistan~. Bowever, ~hese conaisten~ relationships ~ically come ~ut as a f~ion of ~posing development co,Argents and ra~iring ~itigation =o Overco~e or compensate for level of ae~lce re~ire~ents and o~er retirements of the I~okalee Master Plan Element and elements of the =ro~ Manageaent P~an. ~sed on Poli~ ~.2 of the Traffic Cir~latAon Elemunt, ~e ~ipe venerated by project represents a significant ~rcentage of ~e overall ~affic on S.R. 29, N. llth Street, Ro~r=s Avenue, and X~okalee Drive. However, the site generated ~ips wail not reduce ~e level of se~ice on any roadway accent ~i~in the project,s radius of development influence (~I) at ~ild-out. ~rthe~ora, there are no capacity problems on any road~y se~ent ~a~ is impacted greater than five percent by ~e project's sate generated ~rips. Therefore, this petition is consis~ant with all el~ants of Gro~h ~anagement Plan, al~it ~hia consisten~ will or say brough~ about by ~e inclusion of devalopmen~ standards, mi=i~a=ion measures, or o~e~lse provided for in ~he approved devalopman~ order. Unless otherwise provided for in ~e approved deve~opmen~ order, development pe~l~ed by the approval of this petition will subject ~c a concurrency review under ~he provisions of the Ade~a=e Public Facilities Ordinance No. 90-24 a~ the earliest or next ~o occur of either final SDP approval, final pla= approval, or building perml~ issuance applicable to this development. -3- 1.3 A parcel o~ la~ lyl~ ~ ~a ~u~ 1/2 of ~e I{~s~ I/4 co~,ty, ~o:tas ~ ~re ~A~l~ly 4aacrt~ ~- :--. lller Sou~h 19 ~. 25' 45" ~est 341.17 f~t alo~ ~td ~ay line to a ~in~ of ~; ~ 2IS0.Sl f~ alo~ arc of a c~t~l~ ~ ~ve to ~e No~st~ly, chord 1~9.90 fNt to ~I ~t~l~Lo~ of ~e 1~ w=y line of ~ AvI~I; t~ N~ 19 ~. 22' 1614.64 feet el~ ~id ri ht~f .... ~. uun~l~ 39.17 l~el, ~re or less. SubJec~c to sll e&se~ents, restr/c~iorm and rene~alion~ of ~rd. ~a s~Ject pr~y La ~ ~ ~e roll.lng /~lvi~als: Ro~ A. Xo~, ~t~ X. xanfr~, Xll~ed R. ~eadway, ~/sa R. r2~, a~ RA~ard H. ~rsonal repre~:ttive oE ~e W.D. ~ ~- Glddens, ~ GAdde~, Ellis GAdd~e, ~ril~ ~ears, R- ~llaqher, j~ D. Ga//agher, Jesse Z. ~allaqher, No~ L. ~at, a~ O'~h R. ~er, Parsul aa.~esemtat~ve of ~e ~ln R. Ho~on ~tate. -4- 1/4 o~ Sd~tcm 4, ~Jh!p 47 ~, ~e 20 ~aot, CollAer Florida), ~e ~rent {unin~ i~ RSY-3 a~ ~e prope~y consists of a~rox~ely 3~.90 a~es of located in X~okalee, FlorAda ~e aleva~lon of ~he prope~ varAeo fr~ approx~ely 34 fee~ ~VD in ~he Sou~hwes~arly ~Ao~ ~o approxl~tel~ feet NGVO in ~l No~hiast~ly ~lon of ~e I~J act ~ro~ircy. · W~er ~anageua~t for ~e pr~oled project Is pla~ to ~ a I~rias of retention ponds as ~ on ~e Ma. te~ Utilities amd ~ate~ Hana~e~ent Plan, l-cluded as p~ ~ Dec. eat. According to the USDA Soil ~ey of ~llier County Florida, issued March 1~54, ~e proJe~ site lies ~Arely vl~in ~e Blanton Fine ~and (Be) Soil Classift~l~. ~a relief of ~his soil cla~aifica~lon is ~ac~erized as level to ~dula~ing; a~face ~noff la al~ ~o B~lm~ in~e~al ~ainage la rapid~ dep~ to ~ is ~y reeC"; rea~ion ts strongly acid; an, ~e principal vegetation ~fore clearin~ ~as Slash ~ine~ BlueJa~ ~d ~ve O~s, ~nd X~ ia ~he in~en~ o~ ~he ~A~ioner to develop ~a lead 5,9 acres of single faailM reside~, ~.0 a~es of ~ul~i- famllM residences, 1~.~ acres of ~rcial unes, a 4.1 acre historic si~e, and, 2.~ acres of r~M along wl~ ~he required '~A~er ~Ana~e~en~, ra~ea~lon and o~n space, and, rela~ed ac,~essory uses and ~lJ ordl~ance &hall ~ ~o~ a~ c~e~ al ~ha "R. Eu~a~e Pllr~ned Unit Develo~an~ MAY 0 8 1997 ~e~ationshi~u., A, ~.gulatLo~ for develo~t of R, Xo~:s ~s~te shall he ~ ~cco~n~ v~ ~e c~nt~ts of do~ment, P~lanned ~t ~velo~enZ =ls~l~ other applicable sections ~nd pa~s of ~e Collier County ~ Develo~ent C~e ~n effe~ at ~e t~e of building ~tt applicat~on. ~ere ~eae re~la~o~ fail to provide developmental standa~a proviaioM of ~e ~at ~i~tlar dAstrict In the Co. tM ~nd Davelo~ent C~e ahall ~. Unleaa ~the~laa noted, the ~e~inition~ off ~11 shall ~e f~e aaa,~ aa the definitio~ ae~ forth Collier Co~t2 ~m~ ~lo~e~t C~e In effect at time of ~ildi~ pe~lt application. C. Ail conditions in. ned and all ~aphic ~te~ial preaen~ed ~epl~l~ re~tri~loma for ~e d~elo~ent ~f r~lations vhl~ gove~ ~e ~ ~ ~ ~e · it,e ~Y ~ develop. Unless ]~ifl~, ~lved. or ~apt~ ~ ~ls ~. ~e provizio~ of o~er la~ da~lo~ent c~ea, ~e applicable, re. In in ~ull force a~ eff~ wl~ r~ to ~e devalo~emt of ~e la~ whi~ ~ia~ Development ~ltted b~ ~e appel cf ~la ~ill ~ s~Ject to a ~n~e~ revA~e ~er ~e provlolom~ oZ ~e Ade~ate ~lic ~acllities ~l~nce Ho. ~0-~ at ~e earlieat or ~ to o~r of el~er final ~5~ approval, fill plat a~r~l, o~ ~ild~ p~,lt tse~ance applicable to ~ls ~vel~nt. ' MAY 0 titled '~stsr ~llttl~s ~ eater . copy of ~1~ Is incl~ shc~ ~n ~e ~p titled use of ~e R. ~ ~ta 'I']~CT"A" Sidle Panily 24 (4 M/AC) T~J~C~ "B" Nulti Fauily TS (9 DU/AC) ROADWAY TRA~ 1.3 TRA~ 'C' Com~xlal 13,978.5 S~. ~./ ~.O ACR~ Tract 'D~ C~ercial 13,978.5 SQ. ~./ A~ -7- ~AY 0 ~ ]997 Wa~ar Nan~g~ plm, n~ shall ~ ~~ is 1~8 sh~l~o~, d~prem~lons fo~ wm~ ~e~on ~st~. ar~am, lakes ~n,~ dry m~em~ shall ~ ~n ~e sa~ confl~ritlon and contain ~ht s~t qen~l a~tagt PI.mn". ~lnor m~lflca~ion to all ~m~s, l~es ~ boundaries ~y 1~ ~t~ted at the t~ ~f Ou~ivlelon Plat: or Site k~l~nt ~1~ a~r~ml, subJec~ to thru plrovlslons of Division 2.7 of ~e ~lltsr County ~nd ~vel~en= C~e, Dlvimi~ 3.S, or am G. In addition to ~m various ~ens ~ ~lflc Plain", such easements am ne~ssa~ (u~lli~, semi-public, stc.) ehall ~ es~blished visits or alo~ the, various ~mcts as ~y ~m necmssaU. 2.4, ~~ OF PnO~ D~S~ ~ A. I maximum of 103 residential ~llinq ~1~, family and ~ulti-fmmlly, exclusive of ~y residences wht~ ~y ~ provided ~ co2Ju~t~ wi~ co~mercl.~l development, ~y ~ ~tn~ ~ ~ to~l project area. The gross (residen~tal) project area tm 14.~ m~ss. grose project ds~mlty, ~refore, ~Y ~ · ~xl~ 6.9 units ~r ~. ~. ~~]PRO~ P~ ~,p~ ~U~l A. Prior to the z'e~lnq of a ~ Plat, ~/or Condomini~ Plat for all or p~ of ~e ~, final of all r~lred t~p~v~ents shall re.lye a~rc~l of the mpproprlmte Collier County ~v~en~l agencies to tnsurl c~pl. iancs vl~ ~e ~ ~st~ Plan, ~e Su~livlsion Radiations and ~e plattl~ 1. m~ of ' State of Florida. B. Tbs ~Haster Plan', a copy of ~1~ is l~lud~ as of this petition su~lttal, constitutes ~e r~ed ~ ' Development Plan. ~s~ent to ~ ~en~ vl~ approval, a ~ellal~ary Su~lvision ~lat ~11 aubmtt~ed for the entire area ~ ~ ~e ~ IdAY 0 1997 o. Flo~dg, the d~v~l~nt of ill ~lat~ ~a~, or ~rc~ls of la~d aa provided ~ sa~d Division 3.~ ~or to Issuance of I ~/ldl~ ~ or o~er de~lo~n~ D. The develo~ent of /ny ~a~ ~ ~l m,~d for ~ershlp of lariat for ee~ ~11~ ~ ~11 requir~ to su~l~ a~ recelv~ I~l of m Subdivision Plat Ln confo~ wl~ establ~sh~ by Division 3.2 of ~ ~II1~ C~y Devqlo~nt C~a, or any ~ent ~n~ thereto prior to %~e 8u~lttal of ~~lon plat for any ~lcn of ~e ~a~ or z. Appropriate lnst~ will ~ ~ldmd at ~m t~e of and mJth~ for prowidi~ ~tual ~tena~,e of facill%iee. A. Model h~mm an~ real.es facilities ~11 ~ s~Jec~ provisions of ~ect[~ 2.~.~, ~~ Use Pe~l~, ~endments ~y ~ ~de to ~e ~ is p~v/d~ In h~ion 2.7.2 of ~e Collier Comtty ~ ~1~ ~OVXSXON FOX O~-~ ~ OF ~ ~_ A. ~e ax~tlon of e:~then ~tarAal a~ i~ st~ pill~ In preparation of water ~na~mnt facilities or to otherwise develop va~er ~ies ia hera~ ~lt~. after consideration of fill ac~iv/ties on ~ose builctable ~ions of the p~J~ site are ~hero la a su~lus of ea~hen ~ial ~en i~s off-sl~a dis~sal As also herebM ~t~ svbJ~ follovl~ ~ndl~lons: -9- Fl~! ~teriel fro~ °~he 1Lke ~s p~nn~d to Utilized v~hin tbs |,ro~ac~. ~o~v~r, 20.000 ~lc ya~s ~a~ ~ r~ved ~r~d off-site ~ubject ~o ~e retirements of Ordinance No. 91-102, Division 3.5, lncl~i~ but no~ ~o ~affi,: lapac~ ~eas, e~c. R~oval of ~erial in excess of 10t o~ ~o~al or ~xin~ off ~bic ya:rds ~us~ ~ee~ ~e r~irenen~a o~ a cmercial axcava~Aon per ~dl~ce No. Division 3.5. All o~her provisions of Ordinancs No. 91-102, Division 3.5, are applicable. -10- MAY 0 8 1997 development standards for sro, Rs designated es Low (Single Family Residential} in Tract "A" of D~nstt~ 'CAs "~aettr For the purpose of this section, lo~ density residentiel Is =Fac= alloca=ed to thill ~ll. The maximum numar of low dens~y d~lllflg ~it~ all~ vl~in ~e P~ shall b~ as folios: Track "A" 24 dwelling ~m~s on 5.9 acres of No building or stature, or ~ ~e~of, sh, ll ~ · ltered or us~, or l~nd us~, in whole or ~, for than the following: A. Co Permitted Principal Uses an~ Structures: 1. Single family detached dwellings. 2. Public p&rktJ, public playpr~umds, public play fields, and mmmonly owr~d open space. Pernitted Accesso~, Uses ar~ 1. ~sto~ I~ccessory U~es and Including private garape/. 2. Recreational uses a~d facilities such aa pools, tennis courts, children,s playqro~md areas, etc. Such uses shell be visually and functionally · compatible wI[~ the adjacent residences vhich have the uae of suc:~ facilities. Permitted Conditional Uses s~d Structures: 1. Recreational facilities not accessory to principal USe, -11- 0 to ~ All Tards, sst-backs, stc. ~hall be In relation to the ~.ndivldual lot boundaries, l~x~hez~ors,' s)ccapt ss ot~er','l~e provided for vit.~£n t.hls s~lon, ~. ?,S00 I~are feet. Corner ~ts - ~5 feet (2) In2erior ~ts- ~0 feet (l) ~ont ~ard - 25 feet (2) Side Yard - ~ 1/2 feet ()) Rear Yard - 25 feet One fl) stool - 1,000 s~are feet~ t~o (2) sto~ - 1,200 s~are feet. As ra~irad ~ D~vAsion 2.3 of the ~m~ ~velopment Cods. (1) Princi~l Stz~cture - ~0 feet. (2) Accessory St~vcture - 20 feat. -12- MAY o 6 4.3 development standards for the areas designated aa D~n~ity (Multl-¥amlly ~sidentia!) in Tract mB" of the Generally lnta~K~sd for projects where the nit density is than nine (9) dvellin~ unite per acre t. he maximum number of dwelling uni~s allowed within the PUD shall be as follows: Tract "B": 79 dwelling' units on 1.0 acres of lend. No buildin9 or structure, or pax-~ thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the followin~: A. Pezmitted P~lncipal Uses an~ Structures: 1. Multi-family 4~elling units 2. Two family dv,illing units. Single family at~ached amd detached dwellings. ~. Permitted Accesso~ Uses a~d Structures: ~. Customary accessory uses a~d structures, lncludimg private 2. Recreational uses pools, tennl~ courts, children's plmy~round areas, e~c. Such uae:s shall be visually end functionally compatible with the adjacent residence~ which have the use of such facilities. C. Permitted Conditional Uses and ~ructuree: i. Cluster housin~ (subject to Section 2.~.~7 of t. he Collier County Land Development Co~e}. -13- ~AY 0 ~ l~g? 4.4 6. 7. 9. 10. Civic end ~ult~rel ~n~r-oc~pi~ child car~ c~n~r~ (~ ~ec~ion 2.&.22). Recreational ~aclll~ie~ no~ accesso~ ~o ~rincf~l ~l~-fla~y d~ell~ngs up to 4, 5, and Churches. Child care Hospitals. A. fu~/:~.AL: All crit~ris listed b, lo~ shall b~ understood to bm in relation 'to rsspectiv~ tract bound~a'y lines or bet~reen buildings. B. MINI~i~~ One (1) acrs. C. MINIMUM LOT WIDT~ 150 feet. D. ~LL~/m~ YAB&L~A (1) Front Yard - 25 f~et plus one foot for each two feet of buildi;ag height over thirty (30) feet. (2) Side Yard - 7 1/2 feet plus one foot for each two feet of building height over thirty (30) feet. (3) Rear Yard - 25 feet plus one foot for each tvo feet of building height over thirty (30) feet. DISTANCE BTT~EE~ ~U:[LDINGS: Fiftoen (15) feet ]~lus one foot for eech two feet of building height ove~ thirty (~0) fast. ~u~L~~ 7~0 square feet. -14- I AY 0 6 , : (2) ]~cctsao~y S~ructuret 20 ~e~. (3] As o~s~ ~pp~o~ b~ ~ Co~ for conditional Co~i~, ~~A=~ca~on For meaauremem~ ~ween the Muildimgs am~ a lo~ line perimeter ~un~ar2 of a parcel o~ lam~ ~ w~i~ are ~o ~e cona~c~e~ l~ shall ha~ ~ha application. A. Fron~ y~d se~cka shall ~ ~as~ed am 1) Xf ~e ~rcel Is se~ed by a ~lic or Rriva~e riqht-of-~2, set~ is me~aur~ ~rom ~e ad~ac~t right-of-way l~e. 2) Xf ~e p~cel is at.ed ~ a non-pltt~ private drive, se~cX la ~asur~ from ~e back of ~b or edqe of 3) Xf ~he parcel is ser~d by a plat~ prl~te drive, setback is measured from ~e ~ad easeman~ proper~7 line, 4) Generally~ p3:lncipal buildings shall be setback distance sufficient ~0 provide for ~wo ~ck ~o ~ck parking apac.s~ one or ~lch may be in an enclosed lplc~, 5) ~en principal ~lldl~ front u~n a co~on private riqh~-.of-way or non-platted drive a -15- De distance of ten (I0) feat shall separate the principal ;b~ildir~ smd anM related ~rki~ oe~ra~e said righ~-Gf-~aM, or o~er ~m-pla~ed prayers ~lve fr~ ~e co.om ~rkit~ area. ~ls shall no~ i)~hibl~ ~e a~a~ed rain.lo.hip o~ encl~o~ p~rkim~ ~truc~u~es to t~e prl~cl~l residential s~u~ure. pri~ate ~J~it_gX_~d~&cant o~en ~ace Area~ The separation of principal atr~c~uree fram an Anterior lot/parcel/trac~ boundary shall not be lass t. bAn feet for aide yard setbacks and not lass than 25 feet for rear yard setbacks. C. ~ccetl~or~ ~ildim.,m amd Uae ~rea Relationship.I Tht develo~ent s~:a~dards for accessory b~ildim~s shall Me as~ set fort~ in this PUD Document. ~ever, ~avsr prov~slons have not bean provided in this ¢locu~t, the requl, ationm of the Collier Cowry I~nd Devolol~nt Coda shall qove~m. ll~ftni~ions amd Inter. re.ion of ~ord/~aa~ 1) Si~e Dent_h ~veraael ~etar~ined by dividlmq t~he County ~nd Pa~lop~en~ C~e. ~ay ~ reduced o~ culls-sacs ~) t:wo adjacent bulldinqs for the purpose of deter~lnin9 eef. b&ck require~ents. S,stbac~s are ~easured from lot lines, tract boundaries or I,ublic or private streets. Open space area ~eana develop~en~ adjacent to lakes, preserves, conservation area, park, or ~olf g~roup of three (3) or ~ore dwellin~ units a~tachsd each other by a co.acm wall or roof wherein each u~lt has ~lrect e~erior access and ~o m~lt 1~ -16- NAY 0 6 1997 6) 8) i~l~ld typically ~i~ ~welling uni~ dvellA~ ~l~a having i~lar aha~d walls and qenerallM no~ exceedinq a helgh~ of habitable floo~s. ~ultl~le Family: ~eans a houmin~ con~aininq three or ~ore dwellinq unl~;s o~er ~ha~ ~lch fulfills ~e definition of zinqle attached, to~ouoe, r~ house, and villas. ~anerally includes a at~c~u~e of t~ or s~ories ~ith dwelli~ units a~ve d~elli~q unl~e each o~ w~lch ~ ~ accessed direc~ f~oa cu~side or f~o~ a co~om in~erAor locat~lon. ~ A sinqle, frmos~andimq, ~on~ntio~l b~il~lnq im~anded, dasiqned, used and ~pied ~wo (2) dwellin~ ~l~s a~ta~ed b~ a cc~on wall or roof, bu~ wherein each ~i~ is l~at~ on separate 1o~ under separate ~ershlp. Cluster ~ouai~: ~ design technl~e all~ residential distri~s by conditio~l use. fo~ of developnen~ ~ploys a ~ore c~ a~a~ememt of dwelling units by all~ing ~or reductions In the a~andard 1~ re~ire~en~ appll~ble zonin9 dis~ric~, wl~h ~he dif~ere~e ~een ~he ~educed lo~ size and ~ha s~a~ard 1o~ re~lre~en~ ~einq placed In co. on o~n s~ce. (sub~ec~ ~o ~ec~lon R.~.27 o~ ~he Collier Eand ~velopm,~n~ -17- MAY 0 6 19 7 i ~A~XLY )~inin~a Land Ara& Per ~r Per ~ellinq Unit ~'l) Re~lar ( i~ ~ Y~ S~ACK (i) Re~lar (i) ~ve ~ 100 Yr. or Qrade P~rkin~ (i i } . 40 F~. Xr,~t. 95 ~. Cc,r '2.5 Ft. 25 ~. 1,000 SF 1 Story 1,200 SF 2 'storm 1SO F'C 1SO Ft.. 1S0 I~. 25 Ft:. 25 F~. 25 lt. 7.$ Ft. 7.5 1'~. 7.5 30 1~. 30 FT.. 30 1~. 20 1'~. 20 Ft.. 20 1~. 750 IF 750 SF 75O S~. ~. **Refer -11- $.3 ~cep~ ss o~e~is~ :provid~ for vl~ln ~ls s~ction, all ~e intlnsi~y of land use, t~s of use a~ivitias follow~ng ~rsc~s: TOTAL 260,000 18.6 A. NO l~lldir~ or structure or erected, altered or used, or land used, An whole or part, for o~hsr than ~he ~ntlq~s shops; appliance etore~; ~ ~tudios; ~ earvios at&~lona vl~ou~ rt~rs (se~ Sec~Xon 2.6.28); a~lng shops. Bakery shops; Bait and tackle shcps; bar~s bill~ard hall,m, blueprint ~s; ~k binders; -19- MAY 0 6 1997 4. Delica~eoee~.; de~n~ ~oFes; cloanAng ~h~ps; ~ g~s s~orea a~ d~ ~.' 5. Elec~ical supply I~OFU; ~l~tn~ ren~a~ including la~ B~erm a~ include ~e~r rt~iF ~ ~le. 6. Fish ~rke~ - re~ail onlM; florLs~ and social cica (~ ~ction homes; f~a o~ores; f~ler Garden supply s~oret - ~lde display rear yards; gif~ shops; glass a~ Ri~or sales - lmcludin~ s~orage amd ~lla~i~; go~e~ ~opo. 8. )lardware s~or,s/ ha~ cle~i~ a~ bl~XA~; heal~ ~o~ s~oras; homer for ~e awed; hcspl~als hospices. Xce creau s~ores. 11. ~u~ries .- felf-a~lca onlM; clinics; al~line~ shes; ~lon Buse~; ~flic s~ores; ~lnor iu~hllo work .. 13. ~ew car dealerships - ~sXde dl~la~ ~i~ed; news s~ores; nigh~ cl~ (s~ Se~l~ 2.6.10). 14. Office - ~eneral; office ~pply 1~. PaAn~ and ~ll~r s~or~; stores; ~tterM Itoris; p~iflti~; mirograph service ~o~; prAvate clu~ (see Section 2.6.10); profosalo~l -20- MAYO 1997 16. [t~dio &~d television ~1~ ~ s~r~ic~; radio design l~bs~ rest h~ml ~stm~an~ - ~lud~ 2.t. 10). su~ark~ts a~ san~torl~I 19. Upholstery shops. 20. Vsrt..".y stoa:ss; vehicle rent&l - automobiles onlyt vet,~rinarisn' offices and clinics - ~o outside 22. Any o~er co~rcial us~ or prof~ssto~l which il c=~parabl~ in nat~e vi~ ~, for~o~ B. All of ~e l~ve ~nitted prl~i~l uses o~ land cc. editions are fo~and to ~ present: 1. All rettil or stmlce ,st~}lls~n~s shall deal dire~ly ~1'~ cons~ra as o~oaed ~o wholesale dis~tbutlon of pr~ucts or s~ice, to non-h~s~old establishing. For thof~e retail or se~lce establis~en~s pr~uclng ~o~s on pre~tlses~ they sh~ll ~ sold at z~tmil. ~. All busln,ss, s.~lctn~, or processing, .xcspt for off- stres~ ~rkin9 ~nd loadl~, shall ~ conducted within a cosplttsly ~nclos~ ~ildin9, axcspt for ~ ~otorlz.d v.hicl, aqui~snt C. Permitted ~ccesso~ uses and s~ctures in ~acts "C" Ar~d 'D' . 1. Acc,ssory uses and structur,s cvsto~artly assoctsted vith the uses p~mltted in this s~c'tion. -21- 0 $ 997 5.4 1. Car 2. Child care center. 3. Commercial recreation - outdoor. 4. Detached residence in con~unc~ion wihh 8 ~lness - one ~r ~s~ness. 6. Pe~l~td ~,se v~ ~ess gross flor area in ~rl~i~l st~ct~e. Used car lots and outdoor 8. veAtcle rent;ale - all v~lcles excep~ 9. Ho2els a~d me,els. Retail salefs of propane gas. DEVELOPMENT STANDARDS APPLZCA~L£ TO T~ACTS "C~_AND A. Mi]~% Ten Thousand (10,000) square feet. B. H/iI~V. One Hundred (100) feet. 1. Prone yard - twenty-firm (25) femt plus one foot for m~lch one (1) foot of building height over fifty (50) :feet. 2. Side yard - fifteen (15) feet, or 1/2 the height of the building, whichever ts greeter. -22- AG£" IT", I~IA¥ 0 6 1997 3. Reef yard - zero (0) fe.~ or five C5) feet. ~ Fifty ($0) fe.t. MlnlY~or ~.m of lm~inci~ml S~ures: One thounmnd (1~000) .~are feat ~r bulldin{ on ~e ~ound floor. ~ram~ien~ lodgl~l faclli~iem, hotel,, and ~els vi~ a maxlm~ flor are{~ of 500 a~are fee~ ~r ~i~. G. Diamante Batween y~imc~nal S~urem: ~aro (0) fee~ or fifteen (lS) feet wi~h ~oba~c~ed ~a~age fr~ frcn~ to rear yard. Qff-~tree~ Parkin<~ and ~adlna Retirements: Aa re~ired by Division 2.3 of ~a ~nd ~velopmen~ Coda. -23- development standards for Tracl: aZ" or the "Maltlr No building or structure, or par~ thereof shall be eric'ced, altsred or used, or lflnd used, tn whole or in pe~c, for o~her than tile following: A. PermittsO Principal Usaa and Structuraa~ T~t Historic f;ita (land and bulldin~a) aha11 be days of Im~oka].se aa they existed during the early include =he folio,wing uses and Itructuree~ 1. Buaaum, Itc,raga and display of historical recordo, photographs, and arti~icta of significant value to Inmokalal and Collier County. 2. Library and co~munity ~aet~ng room. 3. Any structure depicting the residency of tho Roberts Family cn-aA~e as well a.i any other structure or dllplay which co~e~oratea end/or preserves the occurrence cf an hlltorl~al event ~f significant value to the growth and develop~nt of Immokalae in.~ Collier County. A. G~ner=l~: All ct.[tarts liste~ below ~hall be underltood to b~ in relation to respective ~ract boundary ].l~ea or between buildings. ~' ~ ~our (4) acrea. -24; 6.4 2. ~d~ ~ard - ~ 1/2 E. ~nimum Floor 1. Maxim~ heiqh~ of any s~e~ 45 fee~. C. Off-S~ree~ Parkin~ and ~mdina R~iraments~ 1. As re~tr~ by Division 2.~ of C~e. A. The 4.1 acre Hla~o;rlc ~lte (land dedicated to ~,~ Colli~ Co~y ~oard of Co.la.loners. ?.1 The purpose o! %hi~ Section ia to ~e~ forth t~e general · davllloplsnt re~u£rl~entl sad conditions for developmen~ of ~ht project. facilities shell bi constructed in strict ec¢ocdanco Final Site Develo~Bent Ylt~a, F~ ~si~n P~afll I~d all applicable I~a~e ~d local lave, c~es, ~i~e building pe~i~n ~e r~ested. ~cop~ vhere s~tod o~e~ila, ~e standordl opecificall~ no,ed or ~he land vi~in ~he ~ Is ~o~ ~o ~ pla~ed. d~veloper, his successor and assigns shall do(:~ent. developer, his successor or assizes shall a~ae follow ~a Mas%ar Plan a~ ~e re~la~ionm of ~e P~ adopted and any o~er co~ditio~ or B~lfica~ion~ as a~e~d to in ~e ~zonlflg of ~e prope~y. suacmssor or assignee In ~i~le ~Y co~lUen~s wit~ ~his agreement. A. The PUD Mastir Plan, identified as ~aatar Plan#, illustrates ~he proposed development and ia conceptual in nature. Pro~oeed tract, lot or land uae boundaries or special land ~,se b~undariee shall not be construed to be final and ~' be varied at any subsequent approval phase as may be executed at ~he tim of final platting or airs develo~tent plan application. SubJec~ to the provisions of ~;ection 2.?.2 o£ ~he I~nd Develol~snt code, a~endmentf~ to the PUD ~ay be lade from tile tO time. B. All flacessaU elsclHlnts, dedications, or other instruments shall be ~mnted to insure V. hi continued operation and ~lntenanca of all service utilities and all common arias in the project. -26- MAY 0 6 Dro~ec~ aa el~iy as possible upon sppro'~l of Docu~efl~. l~ 11 estl~ate~ ~at o~let~on will ~l nine (9) years from date of County approval, I.e., ~e ~e~ nnsu~tng ~at O~unty approval is In 1992. a. ~=~ ~ ~mutl nonitcrin~ rn~m shall subnit~d p~suan~ to Division 2.~, S~lon 2.7.3.6 of the Collier Co~ty ~nd ~vslop~nt A. The naintonanc, 'of all private streets, recreation muccmsmor or A. Th~ developer shall provide fair share con~l~ionm with thc ~lnlm~J shLre being 30% to. rd any sign&la deemed warranted by the Coun=y at any of Rob~r~ Avenue, IR 29 and 11th S=res= s~ens~on, and Robarts Avenu, and 11th Street. ~a fair ehare value will ~ ~ed on all d,slgn, ~ttin9 and co~ton CO~. ~cce~s shall ~ ~,rovided to and fron the project as Yell as within and ~ween tracts: 1. Right ~urns In, via right turn lanes, a~d left t~rns tn, via lef~ turn l~es allowed Florida ~par~nt of Trans~rta~lon (~) under the 2-~ lanin~ co~dltion shell ~ pr~ided for all ~ access ~i~s on S.R. 29 to tracts R, c, and D of the project. At such tl~, a= ~a f~r laning S.R. 29 oc~=s, sider ~e ~ or Collier County shall have ~s right of ~edian control which includes prohibition of certain t~ninq noveBsnts in consideration of roadway capaci~y. The ~ and Acc~c ~tveen ~act D an~ ~o~ Av~ua a. ~ e~t~u~ riqht t~n l~e ~hall ~ providad' a~d ~o~t~s Avenue, ~e r~r~ents rot a ~s~ ~e:~ Prelinina~ Salivation Plat b. A wes~bou~ lef~ t~n lane shall ~ and Roberts Avenue, ~ east~d r~ght lane M~ ~ required In conn~derut~on of ~ol~e and re~la~ory con~ol~ in-place ~in, of Preli~na~ Su~lvision Pla~ approval. ~nclnde ~ e~s~u~d r~qh~ ~u~ lena and a Acce~a ~en the Nor~ 11~ Street e~ension TraC~s A, B, and C shall ~ con~oll~ as a. A nor~bo~ righ= tu~ lane shall ~ S.R. 29. b. 'A no~d ~eEt tu~ lane shall ~ provided ut ~e access to ~ac~ C l~odiataly nor~ of S.i. 29. c. Additional turn lanes and/or direct~o~l controls Bay ~ re,ired by Collier County ~n site specific analysis of ~rafflc data. . Additionally, the access ~l~s for ~ac~ a~ ~act B shall be l~ated a ~lnl~ of fee~ nol~ of the S.R. 2~ righk~f-~Y lime. Also, at.niR~ t~t le~hs of ~twe~n 100 fee= an~ 150 fee~ shall ~ provided within Trac~s ~, C, and D as ~e= forth by S=amdards and County Poll~. -28- MAY 0 6 1997 7.8 That developer sltell provide · fair sh,ars contribution (unless provideCt ~ Collier Co~y or ~e ~); nll~iu~ ~lr shire ~l~lon ~all ~e ?S~ ~ept ~o~ Z~pac~ ~ees s~ll ~ ~o set foz~h in ~i~cd 05-55, ao m~, a~ shell ~ ~ld at ~e E. 'Access I~pro~uen~ a~ riqh~oof~sy 4o~tl~ ~all no~ before any cor~if.ica~es cf ~~ are issue. F. All traffic contl:ol device~ ~s~ shall conff~ vl~ ~hap~or 316.0~47, Florida A. Prior ~o cons~ct~on pla~ a~l a Florida Depl~rtment of ~ans~ation right-of~y ~rmi~ niCe,wing sto~er discharge In the ~R 29 righ~f~my shall ~ provided. B. Bottom of dry rets:halsa areas shall ~ m~ leaet one (1') a~vo ~e sea,tonal high ~ttr t~li. C. At ~he ~ime of cons~lon plan~ review, shall provide an a~lysis of ~e ca~ci~y ef improvament~ are l~ted, ~tltionmr mh~ll ~ A. Conn,)etlon to the eximtl~ l~kal~ Water a~ District water and m~er ~acilitie~ within Avenue and Wemt Main ~treet rl~htm-of-wa~ im and mu~t ~ co~pletel~ lllum~at~ on ~ final mite plan~.. Sup~rting engineering cons~ction ~awings shall be provided shying l~tion, confi~ation ~ize. NAY 0 l~okalee ~a~er a~ ~r Dis~i~ s~l~ t~a~ ~e Dlstric~ has revi. e~ ~ a~r~ ~e ~te~ a~ sewer facilities ~onst~lon t~~ lot se~l~e to ~e pro~ec~ shall ~ C. A~ the ~i~e of ~l. ldln~ ~1~ ~lssion, t~e appll~an~ v~ityi~ ~lim~l vt~h Co~y shall provlte a letter Ortimance No. a~-lll r~a~ ~e a~ll~lli~Y a~equa~ o[ sewer semite ~or ~e ~ol~. sewer smart. ~o im~ivl~l ~ptl~ ~ or wa~e'r supply wells shall ~ A. ~e ~veloper, successors, a~ assl~s ~ r~l~t to satisfy ~e re~ire~en~s ~ all county o~lnances coae~ in afie~ ~lor to or ~onc~en~ wl~ su~s,~ent ~evelop~en= o~ relatl~ ~ ~is alta. This includes, ~= is ~ot li~te~ ~o, ~el~l~ Subdivision Pla~s, site ~velop~nt Plans a~ a~ o~er application ~a= ~lll rasul~ ~ ~e issuance of a development order or final local ~evelo~ent o~. B. Prior to Muil~l~ ~1~ ls~ance~ a Florida De--mt of ~an~portation right-of-waY p~l~ shall submit~ed · C. Ail r~irements o~ ~e Collier C~Y ~ivisi~ ~us~ be ~e~ since ~o ex~ep~lo~ ~e D. The pro~ec~ shall ~ plat~ In a~anCe vi~ Collier county S~lvlsion C~e to define ~e ~ac~s rlgh~-oi-~aY as sho~ on ~e ~ster plan. Cons~tion plans for ~at ~lon of ~or~ Xl~ S~reet between ~o~s Avenue a~ a~ l~ shall ~ su~l~ed the ~i~e ol ~hase X su~lssion to the Collier county Transportation ~p~ent for revie~ amd approval. A. Yeti~iomer shall ~ s~e~ to ~a envi~men~al ~rdinances, an~ ~e ~nd ~l~nt ~e, in eifec~ the i:l~e of ~inal sits ~evelo~n~ ~lan or plans approval. -30- MAY 0 6 1997' A. All eigrm shall be in accordance vith DiViSion the Collier County Land D~vslop~nt Code. In for otf-s~eet parkl~ areas shall A. Pcllinq places shall ~ ~rovidod In accordance vith Section 2.~.~0 c~ ~ha Collier CoUnty ~ c~a · U on approval of ~ _~ ....... to convey ~ltle of TraC~ -E, (4.1 acre to Collier Count~, Tlor~da, It ~o cost to ~e COUnty, l~ediattlY foll~ing ~l lppr~al of ~s ~ttt~on by =he Board of Co~Y C~lO[oners. ~il a~lon part of ~e plat dedication. thie etit~on by ~e B~rd of C~ty ~he r g ....... . ~-~inul a~ ~o~l Avenue copy of whic~ ~s ~nc~-~-- ~ the' Co~y, sub~lCtal, at no coat following ~e approval of ~l~ D~tition plat d~lcation. r of ~e data of ~e County~s a~ep~a~ce C. Within onl yea:__ _..~. title for ~he right-of-way ~or ~e ix~eni~on si ~. 11kh Street iou~w~,=d fro~.~ us at ~o~r~s Avenue ~h ~e pro3ec= ~ncluded as a ~r~ o~ ~n~ ~ -31- .,.4 C~Unty, Tlorl~a g --e{.~ eeid exteneion pq~rmitting, eno ~:ons~v~::;;al°~ot ~yole (virgin tax ! rove~nt ~l~ant COZY)). ~ s:.,~ "°~.:~..~h ~,, ~=o~.~ ,..,~o~ _~.~ this p~tition ~ub~it~al. All utility lines to ~ plac~ any ai~nalizati ~ ..... ~m~ Stremt ext~ion within th~ project ~u~arie~. county n~adule .as laid out in ~e C2Z. ~h,% county's lched.ulmd plan. a rems %o ~o~%m ~o %h* Cdun~y. Th,a pe~ition~r 9 . __ xiltin part o~ ~h* hil~oric lite; and, ~ur~r a~ees ~o provide access on ~ha Roar,s pro~Y ~o ~a county for tho pu~oa~ of ~oving amid it~ct~es to ~ac~ laid tt~ctureB (includi~ providing totally r.zponsiblt for all costa rt~ul~in~ fro~ any n~cmmma~ mit~ improvmnants or ~e restoration of maid E. The petitioner shall provl~ a ce~ific~t* of Public Facilitiaa at ~e ti~* of application for any Final pevalopmant Order. F. The p~itionmr mh~ll provid~ ~idtwulXs alo~ th~ project s frontag.,~ in accordance with the i~ndards lf~ted In the Collier county Su~l~i~lon s I~m ~hall ~ provided in accordance with Section A. ~32 ~f th. Collt.r county ~nd .v.lop.-nt RO,~TS ESTATE PUD/md No, ~ : i ~ POIE~T~ I ! MASTER PLAN EXECUTIVE SUMMARY OPTIONS FOR CONSTRUCTING AND MAINTAINING MEDIAN LANDSCAPING IMPROVEMEI~fTS WITHIN THE BONITA BEACH ROAD CORRIDOR ALONG THE LEF. dC"OLLIER LINE, CIE PROJECT NO. 031. ~ Obtain Board direct:ives on impl~neating or not implementing median landscaping improvements in conjunmion with the Bonita Beach Ro~l four lm'xh~8 project (Forester Road to Vanderbilt Drive). CONSH)ERATIONS: On April 23, 1996, the Botrd approved and executed a Joint Supplemental Interlocal Agreement with Lee County for construction of Bonita Be~ch Road. This Board action effectuated a fair share cost obligation by. ~ch County for the general work categories of roadway and bridge construction, utilit3, construction, and median landscape and irrigation construction Each County agreed to equally fund the construction o}.~ median landscape and irrigation improvements, having a total estimated (pre-bid) value of $289,132. Recent discussions with Lee County staff, community members, and the Bonita Springs Chamber of Commerce have focused on the need to also establish adequate lyablic funds to support perpetual maintenance costs for the previously authorized median landw..aping Inasmuch ~ Lee County does not currently progrm"n and fund median landscape maint~ce projects as part of core services, a (50*/',) fsir share cost obligation betwe~ the Counties for perpetual rrmintermace is not likely at this time. However, there r~nn~ins a possibility in ver~ly reported by Lee County staff'). Also, in consideration that representatives of local communities in the vicinity of the four laning roadway projecl have indicated public reluctance to establish a median beautification MSTU, ~aff is requesting the Board to establish its formal posture in this matter. Staff recommends that the Board consider and provide direction on the following landscape construction ,md maintenance options. Option No. 1: Rescind previous 50% construction cost commitment with no future consider~tkna for Collier ~ funding of median inclu~ ~ :~ corfi~ CoonO' Str~.~.~pe M~'~ P~ r~cemb' MOl~! by ~ Bo~l. ~tion No, 2: Proceed with construction of medi~ landscape and irrigation improvements with recognition that such landscape improvements will be subject to removal if no future maintenance funds become available, regardless of potential sources. Indefinitely po~:~one construction of meditn ~ ~ irrigation ur~il ~uch time th~ HAY ri $ 15~7 ! .... Executive a r~c~t l~ter th~ ...... "~here is a pom'bility in tho. future for additional ttu~di~s for thb ty~ of l~ndgaping from Lee Coca,y, but we car,~ot commit to this type of faming ~ No. 4: Proc~d with corumruction of medi~ ¼ndscape and inis:~iion hu{xovemetmi bm~d on L~ Coum-y's cu~rrcnt offer of pl~yir, g 100,4 of construction sad 10(~ of the Bi-st year maimeuince costs. Lee Coumy'l rxp~ndhure ~xtld ~p~. e $26~,000, thus reaihing in a congmction cost miuction/saviug~ to Collier Cot~r~ on the orgcr of $132,500. Collier Co~mty wou~d assume pe~petuitl rnaintem~nce respons'bilities ~unated to cost $90,000 - $110,000 for lfie project per y~r. ~CAL IMPAq", Collier CountT's $0% fuming for ~c~on of m~ I-~~g ~d ~figation Lmprov~ts w~ ~ofore ~abli~/a~o~at~ ~ t~ Board on ~o~r 1, 1~6 pursuit to th~ ~ ~~ loire Suppl~t~ ~.~lc~ A~. ~ t~ ~i that the Bo~d d~d~ not to ;~ x~h a~ l~ds~ ~ ~ ~n~aiog Colli~ Coun~ ~k~l ~ Rs 5l~ ~g ~fi~tion back ~om ~ C~nW. ~sion Option No. 4 a~e, if adopt~ ~ t~ B~ ~d ~mR ~ ~ ~e ~ ~nt~ce ~lated ~diu~ of app~tely $I~,~. ~ to ~ ~ ~d Bridge F~d 101 .;'... [.',_RECOMMENDATIO!N; That the Boa'rd of County Commissione, approve strdt's · _ ~._.omm~,ed Option No. 3. Such action s{~ll also include initial direction to staff'to ~ ~d report on, $0%/50% n-.~.~nce cos~ ,h~ng accord whh the L~ Couniy Bo,rd of .- A~lfo A. Go~alez. P.E., Dil~.or- / THAT THB BOXItD OF COUNTY C~MIIBIONERB APPROVE p~Y XM~ED ~TED ~DIC~ID COSTS. O~IVB~ Board of County Commission(Irs approval of · budget amendment for the Social Servil:es Departl~ent budget. An additional $435,000 ie needed to meet &n unanticil~ated increase in Mandated M&dicaid co,ts being charged to Collier ~ID~TIOM~I Since 1984 Florida counties have been mandated by S~e S~a~u~e [409.267] to pa~ a share of the coffta of ~rov~ding in~t~ent hospital and nursing home care to patients eligible for oe~ices ~rough the Sta~e Medicaid program. Counties arl~ billed Ron~ly and have 60 days in which to reimburse ~e State. By law, tho Depa~ment of Baaing and Finance will wilhold tobacco, fuel and other revenues from counties failing to meet this obligation. ~e Social se~ices Departmen= criti~e~ and verifies client residency and billing charges om each monthly Medicaid bill and deletes those charges that are incorrec= or la(:k proper documentation. Over ~he past 4 years $1,130,000 in errors have been del~ated by Collier County. We have shared our critiquimg e~erti~e with other counties and they also started deleting incorrect charges. Aftsr a few years, with many ~ousands of dollars being unpaid by counties th~ Sta~e has k~n to rectify the problem. They ara now rebllling counties fo3: those d. le~ions (wi~h proper documen~ation) as well as billing for curren~ charges. In FY 92-93 $1,150,000 was allocated to pay the county's Hedicaid oblige=ion. Each year thereafter, due to the S~ate's error ra~o and County dele~ions, fundlt budgeted for this purpose have r~uduc8d. This fiscal year's allocation is $865,000 despite an ek~anding Medicaid case load each year and routinely increased hospital and n~sing hone charges. Medicaid charges this year based on 7 months e~nditures year ~o date are $800,000 which will equate to approximately $1,300,000 for the f~scal year or a shot=fall estimated at $435,000 for the remai~der of ~he year. This is an approximate fibre ~rith no guarantee tha~ ~e billings will ~ consis=en= for the remainder of the year. I= impossible to forecas= how many Collier County Medicaid eligible clients will n8~d hospital or nursing home care during a given period of ~ime or if the firs~ 7 mon=hs e~endi~ures are indicative of what will ~ char~ed. Ano~er consideration is =ha= ~he Sta~e has enrolled Many eligible clients into ~O's or into a Me~ipass program. Counties will now re~ired to pay ~O-Medicaid Hospital charges (see ~he at~ached letter of Fob~a~ 28, 1997) rotroactiw~ ~o 7/1/96. A conctrn is that too will increase ~he Medicaia oblige=ion, the e~en~ of which u~. GRC34r2'H~A,1G, G~ I3G'&CTs None PZIC~L ~M~&CTI A request of ~435,000 from General ~d Cont~gen~ R~eB iB needed to meet ~e co~ty's obligation for ~anda~ed ~i~ ~arges for ~he remaining 5 monks of ~is' fiscal year. ~100,000 for Medicaid Hospital, budgQ~ account 001-155930-634106 and $335,000 for Medicaid Nursing Home, budge= accoun= 001-155930-634107. probl~ may need to ~ readdressed. ~TI~ ~at the Board o~ County Co~is~ioner~ approve a ~d~i~ ~en~ent in ~ amount of $435,000 to pa~ ~he county'l ~ndat~ Xed~id obligation for the remainder of FY 96-97. MAY 0 6 1S97 "G ~T,~'rE OF AGENCY F()lq HEAL2H CARE ADMINISTRATION Febtuary21.1997 Dr. ar ?vis. ltaw~s: We BpprKiatc ).our comments rcprdiag ~ final dr~fl oft~ M~d Cuuflt>' Billln~ ll~d~ok. ~c following is i, ~spon~ tn co,ms exploit by mem~ of the ass~iadnn. llem I · S~tu~o of Limitations: It ~s ~ll ~r ~idon t~t no s~at~ esi,ts t~t ~mld b~ ~e Agcnc~ for II~lth Ca~ A~in~tion flora ~ilccttng delinq~nl ac~ls r~civable ovtr fi)ur ~ old. Howcx'eh tn ke~ia8 wi~ lhe ~li.,y of~ M,diciid Ack,ts R~lvRble [MiL ~c A~ncy ~ll ~ lavolcc ~Y p~ due oha~4s wi~oul rcKamhlnG and providing ~equate ~~tion to ~up~d thc cl~h~. ~Ic~ be U~ them will bc no bl~kct invoice for thc ~tim unpaid ~1~. Item 2 - Bi, ling for M~tcaid ~0 PaQcnt~: ll~e M~dlc~d m'ntr~d HMOs have ~cn s~it~t~ tnfo~don to ~ A~ ~'~ cnch hos~itel in~ti~t cplsodc 5in~ ~ A ~ ~ is c~tl)' being d~loped that will tr~~'~ ~ilni s~'~. ~e bestial ~r diem ra~il ~ 6~ on the ~ ~ptlalton tee ~td m of~ Mcdi~id f~ for ~cc ~d MedS~ ~lat~. ~ ~kes imo ~c~t age, g~hic ~8ton ~d M~i~id eligibility. ~e mp[~to~ ~ i~ cushily ~omt~ by five ~nt prior m ~y~ ~ HM~. ~c ~unttcf will ~ ~.~a~ble for ~ ~[ of tM di~ounmd me. ~ ~tl ~ ~ ~ diem rate ~lcuh~ ~~d i~:~ ~ ~ c,ptaQon ~cs ~r ~. ~ ~e m~olo~ ~11 ~ lndaded in ~ ~unty biltin8 ~nd~k. il?',l? ~I,%I,,I.~.N |.l, ltlVl',' · TAI.I ^N~IK.qT*I;, ¥l,l'lq!lD/~ · / IdAY061 97 / Th~,l~ yuu for ),our corstrtbutlon ~o this ~r~wl~ill I~ojcct. lite look fl~rward lo tmplaracntinll the hsed~ so thei ootmty ulTs~cs, stal~wk~ un t~ncflt f~m~ thcs¢ efforts. Douttl~ M. Ceok Giry Cr~ylor~ Director ol"M,tdl¢sid C3~ist,)' Or~i.g.. Dtr~:to~ of Admlalstr~ion Oeylcn Aml/,ltnl, Chief, Finm~c~'. and Accounting · ~oills Fur~t,.dcz, Cm.mty Atl,"~'?, Sar~ot~ I~TB FLORID& ]L~DICAID B13X~BTBD ~d(OON~ $700,000 TYPB BXLLXI~G - KOI?XT2~- &CC~IIULATED 11/15/g6 REBILL 13,313.07 13,313.07 11/15/96 REGULAR 38,195.97 51,50g.04 11/26/96 R]~GULAR 46,859.37 98,368.41 11/26/96 REBILL 6,193.52 104,561.93 12/10/96 REISILL 42,S94.25 147,456.28 12/13/96 REGULAR 22,291.37 169,747.65 01/22/97 REBILL 28,622.44 198,370.09 02/12/97 REGULAR 34,331.85 232,701.94 02/27/97 REBILL 8,980.78 241,682.72 03/12/97 REGULAR 34,505.16 276,187.88 03/18/97 REBILL 28,431.02 304,618.90 03/25/97 REGULAR 51,320.14 355,939.04 04/15/97 REBILL 8,777.97 364,717.01 04/16/97 REGULAR 69,200.01 433,917.02 FLORIDA MEDICAID COUNTY BUDGETED ]~MOUNT 165,000 BILLING BILLING -. NURSING HOM~ ACCUMULATED TOT~.L 11/15/96 RE~ILL 6B,023.92 68,023.92 11/15/96 REGULAR 15,180.00 83,203.92 11/26/96 REGULAR 17,930.00 101,133.32 11/26/96 RE~ILL 9,742.04 110,875.96 12/10/96 REBILL 6,710.00 117,585.96 ~2/13/~6 ~EEGULA~ 17,485.07 135,071.03 01/22/97 REBILL 1,045.00 136,116.03 02/12/97 REGULAR 16,3315.00 152,451.03 02/27/97 REBILL 3,905.00 156,356.03 03/12/97 REGULAR 17,38~.99 173,743.02 03/18/97 RF~BI~ 45,516.50 219,259.52 03/25/97 REGULAR 16,150.44 235,409.96 04/15/97 REBILL 24,819.83 260,229.79 04/16/97 R~GULAR 15,632.33 275,862.12 GENE,'IAL FUND BUD. GET AMENDMENT REQUEST FUND HO. ~*.P.H. ~TE_~_ CLIENT A,~.$1.TT ANCE CO~,T I,~l~R ~TLE P-~4107 RESERVES COG? CFNT~R ~TLE 155930 CLIENT A~;ISTANCE CO~T CENTE~ NO P.~JF. CT T1Tk~! MEIDtCAID · HOSPITAL ~EDIC:,MD · N~JRSING HOME TCTAL 910010 _ ExPF.~ ~D_J.~E TrrLl[ RESERVE FOR CONTINGENCY ~'~C~E~ E $100,000 $335,0OC, $0 ~,435.000 CU~ENT S1G5.000 SO PROJECT ,"ITLE INCREASE ($435,000) CURRENT $5,818,41g COST CENTER NO PROJECT TITLE ~¢CnE~E ~CT NO P.~rV~ED $500.000 $0 $0 ~$,381.41g $.0 I~ECT~'O EXPL,~IATIOH WHY FUhlD~ ARE NEEDED: Addltion&l flzndin~ i~ nee~e~ to me~1 an unsn~JcJp~ Ihe~ll of ~3~,~0 Incurred by Co~n~ cllen~lnG Medicaid ~ttent Holp~lt!on ~n~u~in~ Home Care. Coun~e~ ~r~ obligated t~ ~y l sh~rt of M~dic~td col~ I~ m~nd~ted ~ mare ~s~t~ [4o9.2~7). WHERE ARE FUNDS AVAILABLE: REVIEW PROCESS BUDGET DEPARTMENT' DATE: AGENCY MANAGER FINANCE DEPARTMENT' CLE.R~ OF BOARD ADMI~'!. "0 EXECUTIVE SUMMARY ]r~.,C'OM]VlT.~DATION T~AT TE{~ BOARD OF COUNTY COIV~flS$]iON-£RS C'ON"F;~{]~ )X)R TWO WEEKS ANY DISCUSSION REGARDI3VG LOCAL AGREEM3FJqT ~ TH]~ ~ OF NAPI.,~q R~G~ICNG BEAC~ OB~CTIVE: To d~erm~e the City Courier's fu~ decision rq~rding p~kir~ ~t Park prior to m~kin8 ~ny d~mg~ ~ Lhe beach parking agreement. CONS~K~ATION$: In diapering City Coun~l d~:/~ion~ reg~rcling ~o~ at ].,mvdcm,~ P~k ~ ~ C~ ~. il: wu l~ t~t City C~ ~s to ~ fids t~ ~ ~,~. ~ ~a~g ~~t d~s ~t ~ ~ ~~ 30, 1~7. GROWTH MANAGEMENT: None FISC~ IMPACT: No~ I~ECOMbC~NDATION THAT T~E BOARD OF COUNTY COMMiSSIONE~5 coutiz~e for two w~,~.ks any discussion regarding the intedc¢.~l agr~:m~nt with the City of Naple~ regarding ~ pa.ddng. Tl~rm W. O.tliff, i%b~'~]a~rvices Adn~nistra~or RECOI~ENDATION '/"O APPROVE A BUDGETARY PROPOSAL FOR THE COLLIER COUNT%' GROUP -HE.I-J. TH PLAN. T'~,~ Baa.'xl of t".oamtissionc-rs is required by Florida Statul¢ ] 12.081o complete an acluarial m~y of the groUl; ~ I~n each ~ to teaa~ t~. proper l'u~ling otlhe pl~r~ Stafflxes utiliz~ tb~ scta~.~l ~val 'u~om ~o pe~x~ ~ plan cos~ for res~vinlL b~g~:fing and rating purpet~s. Hov~.,cr, th~ proj~::tion ot ¢,Ztm,. Losts by ~ actual, has been sign~c~ntly htg~Mr than ~"1~1 claims c~s~. Please hole the foliowfi~g n,.'.'.~-al and tovtc~ l~ge~ tntorma6on: Budge. led CLaims $5,500.000 $5,400,000 $4,900,000 (actuarial projection) Act~l C~airn.t $~,268,071 $3,713,423 $4,000,000 (sta/Fprojection) Since the beginning of FY 95, Ihe group he.~lth fund has ex'p:rienced signifi~nt improvement in its claims experience. Paid claims in FY 95 vsere $4,268,071. Claims ex'p~ence tn FY 96 was $3,713,423, a reduction of 13.0~k Paid claims experience for the flu four months of FY 97 w~s 4.9% below FY g,6 l~.'els for the sarn~ This &c'mas~e in claims costs is attributable lo several factors which include a reduction in the number of c~.ssLrophic claims, the. effects of managed c~re to reduce medical in/lation, and the positive cffoo ofche mulOple oplion approach which ~s resuited in increar.,ed enrollment in tim higher deductible plan particularly rm~ong employes with family c. overage. As a ms,It, cash carryforward has increased w~thin the fund due to this favorable claims experience. Cash can'yfom'a, rd levels as of September 30, 1996 were S4,023,700. Entreated outstanding liability for the runoffof i:mld claims and claims expense co~s as of tlmt time were S650,000. Stafffeels il is necessary to r~duce current carryforward significantly and to develop rates which are more n.'presentativc of aclual plan costs. To ensure the financial integri~, of the plan, three objectives ~:re established. They are: l) To set rates at a level where plan costs are supported by plan revenues on a break-even basis, preferably based upon acluariai re~'ommendations. 2) To reduce current reserves to a lex.el sugficiem to support ~a~utory. requirements for run..~ffand to provide a cushion against adverse claims experience. 3) To return ~o the Board and covered employees unneeded surplus in recognition of improved cia.ires experience. Therefore, staff is recommending that all of the follo~ng be implemented: I) Declare eight (8) months of premium holidays (unbilled premium). This would result in billings of only $1,840,000 in FY' 97 and would preven! the accumulation of further excess reserves. This would also v~luce current cash carD'forward lex'els in the healhh fund These savings would then accrue in each of the resix~ive funds where empl~'ees are budgeled. 2) Declare an experience incentive bonus to employees utilizing r, vo months of these premiums on an 80/'20% splii with 20% being reimbursed to employees in recognition of their prudent use of the plan. The remaining 80% would return to the Board. The amount distribmed to employees would be approxiinately IA¥ 0 I Sis~le Covtra~ I2,330 i~2,2C10 $1,900 19.2% Fsmi~y Covr~ %4,900 ,';4,600 $4,000 1:1.4% 1) Transfer lands to the Workc.,'s' Compensation fund (Fund 518) deper, dcnt ,upon tl~ actuarial ~alualion of fiat ~ as of Sep~¢r~r 30. 1997. 2) Do:hire an additional I n~nth p~mium holiday. Discuisic~ regarding ~is propo~,,al ~:rc sha~cl ~ith nil of the pmicipating co,'~litutiona! agencie~ which L~ Supervisor of Ek~ions, Clerk of Count,, Tax Colleclc,r. and Prope~. Apprai;er. All agencies ~re in with tl~e r~comrnendation$ cont~it~.-d herein. GROWIlt MANAGE~N'T IMPACT: Nora:. FISCAL IMPACT: The reduclion in FY 98 n~tes xs'ill result in an estimated overall reduction in the counl)~ide bud,~ of $920.000. The amount of unbilled i:,r~mium in FY 97 ~ill be approximateb. $3,6s0,oo0. 'l',r~-~ funds ~s~ll remain ~thin departmental budgelt;. I~:~OMM~DATION: It is r~commended t~at th~ Board approsz the folkming: 1) The ~kclaration of eight premium holidays in FY 97 Io includ,: bolh emplo)'tr and employee. 2) The dislribution of an experience inctntive bonus Io empl~,eas as described in Ibc considerations with such paymtnl to be n'u~e as soon as practical. 3) A _~___~ion in the budgeled rates for FY 9'8 as described in the considerations. 4) Al~thoti~ staff'to un~rl~kc those rne~.~,~res necesrawy to fulfill the~: dirtclivts. Leo E. Och.~ Jr., Support Services Adminiia~lor Y o6 Ise7 j ::'0 Alet~tL~IV~. ~ING FOR A YOUTIt I'tf~ITAT1OI~IA1, SOCCER 'I~O~III.N~~ ~OR :S~;~?0. TOURIST DI£VE~)I~IH~,N'I' FILIND~, CATEGORY OI~EL"TIFIg: To ~prove fl:~cling for n Yot~b Inv~ion~l Scccer T¢~rna~ae~ for $5,670 Tot~iaI be','elopme~t flinch, Cat~,goty C. C .V'3N,qIDIL1RATIONS: At +,abe April 21, i~97 meeting ~e T~at ~.d~l G,~::il ~oe f~ a ~t f~ ~: N~I~ Y~ ~ Club ~r S5,670 f~ ~ for ~doa~ ~. 5~0~ ~ ~'l ~ ~ l~s ~ The Tourist L'~elo~n~! Council un~fi.,uota,ly n:commmrio! funding th, request.. ~':ROWTIt btANAGEI~fa<NT IMI*ACT: None. 1~2~42AL ltv[PACT: Sufficient t~onds am avtdlable in Ftmd! 93 re~esare~. A budget ~COMI~JJNDATION: Approve fimdin8 the Naples Youth Soccer Club for $$,670, Tma'iu Dc'w. lolpment funds, Cat~ory C. Atmhorize Cluinntn to sisn ~andard Category :. C comr~ and ~,prow budget nm,ndment. Je.~ C.m~el, Budget Analy~ Michael Smykowski, OMit Din~tor Reviewed by:. Heidi A~.hton, A~si~tant CounT! Attorney Date: pg.__./ Date To be Determined August,, September, or October Naples, FL Vineyards Community Park Veterans Community Park Pelican Bay Community Park SlX>nsored by Naples Youth Soccer Club Post Office Box 7555 Naples, FL 33941 MAY -$ lgg7 P~., ,,~ VISION ",'he Naples invitational Club Cup (NCC) is an event d~igned to anr;~cl premier and elite tean= from the best clubs from tlu'ottghout the state of Fk~ida. We will provide plush pllying tields, hi~'Mevel ev~t management, lad quality referee's, so the b~ learns will seek Nlplei a.~ ',he premier ~,w.,:er event ofihe year in preparation for term development and ~at¢ play-offs. BACKGROUND Nzples Youlh Soccer Club (NYSC) is re~c~ed s-'tatexx4d¢ as a club 'Mth a strong vision of pb.y,er development, individual team success, and highly c~rganized event managenx'mt. It is v~4th tiffs reputation ~.~d the need for an eve. rtl which anract$ only ~e best competition that the Naples invitatioaal Club CUp was founded. The NCC will offer con, petition in f~ff~age ~oups: boys under 14, 16. & 18. Each age group is limil.~d 1o g teams io make ~ uge of the curren! number of fields available. NYSC xx411 field one (1) team in each age group wifl~ a tolal of 28 teams anending from omside Collier County. ~L.~RKETING NCC is targeting clubs with teams who finished in the Final Four. or Sweet Six'leen in State Cup competition during the 1995-96 seasonal year. Additionally new teams featuring players on the Florida State, Region. or National Olympic teanzs ,,,,'ill also be encouraged to an,md. Teams registered with Florida Youth Soccer Association (FYSA) will receive invitations by mail..4a~ acceptance package will be mailed out including all hotel and local tourism it~om~ation. Sponsors' Iogo's will be included on the tournament lenerhead. program, and all advertising. Two (2) fifil page adveniso~ents will be placed in Touchline magazine (circulation 80.000). the official publication of FYSA. SCtIEDULE The schedule for this event will feature a total of 48 games begi~mingSsft 8:00am until 8:00pm and Sunday from 8:00am !o 4:30pm..MI matches will be played at Vineyards Conummity Park. Veteram Con~uni~y Park. and Pelican Bay Conm~unity Park and is c~rdinated with Collier County Parks and Recreation Department. AGENDA ITEM HAY -.6 1997 Pg.,, -~ MARKET ANALYSIS Each team averages 16 players. 2 coaches, and 2 family memben per player. Each player and his family spend an averag~ of $400 on Iodging. gas. food. entertaimnent, elc. ',\'id~ 24 learns averaging 16 players each that's $153,600 of out-of-counly dollars. (Figures based on the in.formalion from Soccer Industr), Council of.4~nerica) 24 Teams 16 Pl!ayers Each 384 Total Players 384 Players x $400 avg. total expenditure = $153,600 INSURANCE The tournament is sponsored by NYSC affiliated with FYSA and includes SI.000.000 Liability Insurance and Personal & Bodily Insurance exceeding the amoun! required by the Collier County Tourist Developme,~t Council. CORPOIL4,TE STATUS Naples 'l'ouIh Soccer Club is lisled as a not-for.profit 501-c-3 corporation under Document N34278. FEI .Number 65-0143861 With Florida Deparhnent of State. DMsion of Corporations. AGENDA ITEM No. ~; :~,,: MAY - 6 1997 Referee Fees Referee Lodging Referee foc~ & beverage T.$hirt$ ,",~rtising A,'Jmin[stration Coaches Reception Awards Toumal,'nent Program Security Equiprnent Touchtine Magazine, etc. Tournament Director Selary Acceptance Packages Travel Expenses/Promotion Postage/Promotion Telephone Food & Beverage t-shirts trophies Club Cup pins E~all5 Tents & Tables 48 games 550.00 24 rooms 550 25O S7.00 Printing 5500 00 20 $7.00 3 S40 3 SS0.001 500 S2.00 500 S5 00 16 hou~ S15,00 12 540.00 100tables and chairs AGENDA ITEI~I- No. _.r..: ,? HAY - 6 1997 EXECUTIVE SUMMARY API~ROV~ FUNDING FOR A 20K RUNNING RACE FOR ~,~. TO~ST ~E~~ ~S, CA~O3RY C. O~~: To ~p~ve ~nd~g fo~' a 20 K Run~ng l~ce for $3,~0 Tourist ~dopm~t ~u~, C. at~o~ C. CONSIDE~TIONS: At fie Apill 21, 1997 m~g ~e To~s~ D~elopment Council r~i~'~ ~ ~ppli~on for ~ ~t fm~ ~e Gu~ Cout ~e~ for a 20K race ~ S~tmb~, 1997. T~ ~ ~uld be ~ m adve~:e ~d promote ~e event. ~e To~st D~eloprn~t Council un~fimously m~mmended ~ndin8 ~e r~est.. GRO~H ~NAGE~NT l~Al~: None ~SCAL I~A~: Sufficient funds :ce avMlable in Fund 193 r~e~. A budget mendment is necess~. ~CO~NDATION: Approve ~nding ~e ~lf Co~t Runne= for $3,000, Tourist D~elopment ~nds, Catego~ C. Authorize Ch~ to ai~ st~dard Catego~ C ~nwa~ ~d approve budget mendment. Prepared by: %..-,,.) ~,~fi-.- /~ean Oan~el, Budget ~M-~alyst Date: Reviewed by: Michael Smykowski, OMB Director Date: L.//~'c:,,/~" p Reviewed by:. __Date: Heidi Ashton, Assistant County Attorney I A¥ - 6 I9,q7 pg.._ · .~.~.,. ,', ~,~,,~.w;.,,~t~,l$~.~¥~.. ; . . .~.~:'~ ~'~' -.,. ~,.'~i,:¥.5...--v . . ' .~:.,,, .; :-.:,..,s ',',,, :'."~,,.~C',;.:. Collier Couuty Tou~,st Development Council. Funding For Cat~gory B (Promotion and AdvaaLsing of Tourism in Collier County) and Category C (Local Projects m.nd/or Acdviti~ w~ich Promote Tour'~m in Coili~ Completod applicafiom must be _rco~_Zvcd ~t thc below add~ no later than 5:00 P.M. ~.~v"l~. y(/~r¢~ ~',/f;f7 Adm'mi.~a~or Collier County Tourfs: Deve, Jopmeat Council ~ ~~s 0~ 3301 ~t T~ T~il Na~ ~o~ 339~2 Name and Address of Applicant Orga~)j~tion: Contact Person. Title, a.ad Phone Number:. '"o, Organization's Chiet' Ofi'~¢ial and Title:: Is this tn application for Category B (Promotion and Advertising of Tom-ism in Collier Count),) or CategorT C (Local Projects and/o/ Activities which Promote Tourism 'in Check one: Ca-tcgory B --__ Catcgoq' C _~" ' Iqc' ~ "F; v - fi 1997 Briefly describe program including: Your o~aniz~tlon's c:ap~bility to promote C, ollle~' Gotmty ~ lourL,,'t d~s-tifi~tioru . Geographic focus of promotion, i.e. Collier Cotusty, Marco island, £v~rglades, etc. 7. Applic~tiorts must be accomPani~:l by thc followLng: c) d) e) 0 Verification of not-for-profit status Last fiscal year financial statement incort~ation papers unless specifically waived by TDC Detailed ILne item budget for program for bo~]~ revenues and expenses. Detailed description of proposed plan A marketing plan may be substituted for items d and c above. Catcgocy C projects and activities which promote tourism should have the "shoulder and off sc,~son' of May tltrough November. What is the sched, ul¢c Pg., O 9. Discuss' how your ~g~izntlo~. will mc~sur~ thc m.u'nbcr of visliors attractcxI and thc number of room nights g~-~l~d by ~ ev~nL ' ' "' 10(a). Identify the potential for at~:Xing "shoulder nnd off sca.son", out.of-county visitors as s'tx'~ntors or l~trt.lcipants ~ as 'should~' and off season" visitors attractod per Tourist Developmen, doUar ~ed. 10Co). Identify thc potential for attractin[ out-of-aounty" vishors as Sl:.Z'ctamrs or paaicipants, expressed as "out-of-county" visitors amaC4e4 per Tou/is[ Dcvclopmcm dollar expended. lO(c). Identify the estimat~ number of hotel/motel or campgrotmd' aights generated from the allocations of Touri~ Development funds expressed as overnight stays per Tourist Development Dollar expended. IO(d). Identify the matching dollars provided by your organization expressed as matclfing dollars per Tourist Development dollars CXl~nded' 10(e). Identify the future ~owth potential of thc project being submJned wit.hour Tourist Development funds as TDC funding is to be regai'ded as seed money, not continuous funding. AGENDA ITEM No.._~,, ~ [9 ) _ HAY - ,; mmummm Disctas ihe soundness of your otn-of-counry rn~et~a~ pl~u, spedfic~tily in ~ of how the ~nt will be promoted lo dntw out-of-county visito~ ~o(~). Discuss your org.mization's management and stability, specifically, in terms of its ability to manage the project in accordance with regulations and to acl',.ieve the intended results. lO(h). Discuss your organization's readiness to implement th,.- project. AGENDA ITEM MAY - $ Pg.... ,-~ 10~'). to6). Disc~ vahy fuads ~re unavailable from other sou~ Touris~ D~velopmeat fuads should not be viewed as supplanting or r~placing existing fundin$ sou~. Discuss the capacity of the project to enrich the artistic, cultural, and environmental attractiveness of the community to the visiting public and compatibility wRh the community in general. I have read tile Tourism Grant Program guidelines and criteria and Resolution No. 93- and agree that my organization will fully comply whh the guidelines an~ criteria and Resolution No. 93-~. D:\Wp52DATA\LLBLK pKVT G R A NT.TXT~B~,04-2 ! .94 AGENDA ITEM ~. /::. ~' ,,.,,j... MAY - 6 1997 pg. L- GULF COAST RUNN]ERS !*O Box 8636 Nsp~s, iq ~102 :To: !Time: }Ihi~ i~ O~ ~flh year for h% running of N~l~ ~I~ 1~ ~t~ ~i, ~ ~t R~ in the Sa~e ~g the ~ ~s ~d ~ ~ ~ p~ng f~ Fall . ~ ~ ~is Race ~ ~cir maj~ tu~ for thcir m~ar~n c~t. Tourist Devolopment Council Naples On-rite*Run 20K Sunday, September 21, 199'; All l:nOcee~ from thc Race will be donated to the Gulf Coast Runners Youth l~velopment and Schol~p Pmgnun. grnh this additior~! promotional fumling we can s:tr~ct 400-500 people fi'om the state to visit Napl~a for'the With a $3,000 budget, wc could adverti~ extensively in ali of thc State's .s3~orts publications. The Gulf Coast Runners th;ink you for this opportunity. Perry Silv~rma~ George Donda~ville Race Dir~to~., AGENOA ITEM MAY - 6 lg97 P~. 7 GULF COAST RUNNEPC5 PO Box 86:;6 Naples, ]~ ~102 (9~1)262-5653 Re.' Marketing Plan ~or Naples On-the-Run 20K all ads we will list motels, phone numbers, and rates. Rat~ Base I Full color ad - July $4L~0 1 Full color ad - Sept. $400 ~t?3tglk~'lo rida_R unnln_~ Forum RaW Base 12,1XY0 July- i full page black/white $375 Augost - 1 full pase blac -k/white 5375 Sept.- 1 full page blaek./white $375 Race Place Rate Base 25,000 Summer Issue - 2 page ad $500 Rate Base 1 $,000 Summer Issue- 1 full page SS00 HAY - $1997 GULF COAST RUNNERS PO Box 8636 Naples, Fi 34102 (~41)262.~S3 : Pbmned B~dget - Naples On-the-Run September 21, 1997 Sponsorships 1000 Race Kntry's 7.~ 8200 Advertising S 7~0 Awards S i 250 T-~hlru $4000 MIsc. Race Expenses ~ Centributton to Scbolarshlp Fund -$12~, Footnote: With TDC dollars we could generate at minimum 200 more =ntrics most of who would come from out o~'county. AGENDA ITEM No.E. '~ ':-' ~ MAY -$1997 EXECUTIVE SUMMARY CONSIDER FU~DING A SENIORS BOWLING ~OURNA~fl~NT FOR $49~969 TOURIST DEVELOPMENT FUNDS, CA~R¥ C. OB.r~CTIVE: To conaider funding a Seniors Bowling Tournament for $49,969 Tourist l~v~o~ent ~ds, C~tegon7 C. CONSIDI~RATIONS: Atthe April 21, 1997 meeting the Tourist Development Council rmd,.-w~l a~ application for ~t IF~nt from the Gulfcout Bowling Council for a senior bowling tournament in September, 1997. The request of ~9,969 is for operational costs which doe~ not comply wi~ the Board's direction for rr,,ised Category C guidelines. T~e Tourist Developmerat Council una~mously recomm,mded funding the request.. GROWTH MANAGE~.~NT IMYACT: None FISCAL IMPACT: Sufficient funds a~ available in Fund 193 reserves. A budget amendment is necessary. RECOM~[ENDATION: Consider funding the Chalfcoa~t Bowling Council request for $49,969, Tourist Development funds, Category C. Authorize Chairman tO sign slanflard Category C contract and approve budge~ ~mendment. ~/ Jean Crewel, Budget Analyst Reviewed by: '~~ -J'~-~"-===-~_ Michael Smykowski, OM~B Director 7/'" Date: z7'/$~/~' 2 Reviewed by: Heidi Ashton, Assistant County Anomey Date: AGENDA II'EM MAY - $19g? pg._ / Cotlicr c;ouu~ _.,uru; . N~rnc and Address of ApPlicant Orgaaization: Contact pcrso~ Titlc, zod Phooc Number: 4o Orgaxi~don's Chief Of;"..,:ial and Titlc: ts this an application for Catcgor7 B (promotior~ and Advcnisiue of To~u'ism in Co~e'r Count)') or Catc§o~' C (Local ProiccLs andlo~ Actix'itics v..tdch promote Touci~px ,n ~GENOA ITEM r~o. ,, ~*** ~./~ C::...=ocy B ~ Collier Count)')'?- Chcck one-.: Catcgo~.' C ~ KAY - 6 t997 BrieRy d~cribe progra-m including: Your organization's ~bil{~' to p~mot¢ ~lli~ ~ ~ to~t ~G~on. Applicatiorm must be ac.c. ompanicd by the following: a) b) c) d) e) r) Verification of not-for-profit sUatus Last fiscal year financial stat,:ment Incorporation papers unless specifically waived by TDC Detailed line item budget for program for both revenues and expenses. Detailed description of proposed plan A marketing plan may be substituted for item:; d Nd e above. $ Category C proiects and activities which promote tourism should have · . , ' n' of May O'uough November. What is th,: sched, ule, project/activity? ~ $ '~- ' - an e,nphasis on .d3tdA~B~M ' I~AY - $1.997 Category C Selection 'Criteria: I0(~). Identify the potential for atlXacting "shoulder and off season", out-~f-cou~ty visitors as spectators or participants expressed as 'shoulder ard off season" visitors attracted per Tourist Develol~men, dollar expendecL lO(b). Identify the potential for attracting "out-of-cxatmty" visitors ~ spectators or participants, e.,xpressed as "out-of-county" vi$itor~ ~ttracted per '][ouHst Development dollar expended. 10(c). Identify the estimated number of hotel/motel or campground' n~ghu generated from the allocations of Tourist Development funds .,e:xprr~'~.. as overnight stays per Tourist Development Dollar expendexL 10(d). Identify the matching dollars provided by your organization expressed as matching dollars per Tourist Development dollars expendecl. x0(c). Identify the future ero~xh potential of the project being submitted xvithout Tourist Development funds ~ TDC funding is to be regarded as seed money, not continuous f~nding. ' AGENDA fi'EM' MAY - · Dimcuss the soundness of your oui-of-couniy marketing plan, si~cifically in terms of how the even! will be promoted to draw oui-of-counry visitors. lO(g). Discuss your organization's management and stabilily, specifically, in terms of its ability to manage the project in accordance with regulations and to achieve the intended results. lO(h). Discuss your organization's readiness to implement the project. AGEN:)A iTEM ' HAY -6 B97 ~o6). Disou~ why fund~ ~rc unavailable from oth~ soutces- 'roud~ D~velopmeot funds should not be viewed s.s supplanting or replacing existing funding sources. ~o~). Discuss thc capacity of the project to enrich the a.,tistic, cultural, and environmental att~ctiveness of thc eommuaity to the visiting public ~nd compatibility with thc community in general. I have read file Tourism Grant Progrm'n guidelines and criteria and Resolution No. 93-. and agree ~hat my organization~ the re. amzatton's Chief Official Date: O :~ WP5 2 DA TA\L Ll3kK P K\TG RA N'T.TXI'~.B\0 4.21.94 AGENDA ITEM "MAY - 6 1997 Pg ..._~' ,___..._ BV~. FUND Budget Rel~ort J~nu~lry threugh De(~iTtber 1ItT I)VL. FUND P&L Budget Compari.~on January through December ~13.CO 104.87 -1CO.CO -4s.g40.CO -7.8.,18.13 .11g, 7~ -11g. 75 O.CO 11.~D i 15,CO O.CO 0.00 137.~0 0,~ 0.~ 0.~ 108.7% 0.0% 67.7% 86.7% 8~.7'% 107.~ 127.~ 1~.~ 1~.~ I~.~ 1~.~ I~.~ 118~ AGENDA ITEM flAY - B E)97 EXECUTIVE SUM~M_A~ APPROVE FUNDING OF $126,404 FOR SEA TURTLE MONITORING TOURIST DEVELOPMENT CATEGORY A FUNDS OB,TE~I1/E: To approve funding of $126.404 for Sea Turtle Monitoring with Tourist Development Category A fund~. CONSIDERATIONS: At the April 21, 1997 meeting the Tourist Development Cotmcil reviewed a g~a~t applications for $126,404 for Sea Turtle Monitoring. TI:ds application wu slso reviewed by the Beach Renoumishmeat Committee. Both the TDC ~nd the Beach Committee unanimously recommended lundin8 tlxis request. GROWTI~ ~NAGEMENT IM~PA(TF: None FISCAL IMPACT: Sufficient funds are available in Fund 195. Funds will be allocated in Fiscal Year 98 RECOM]HENDATION: Approve $126,404 for Sea Turtle Monitoring Tourist Development Category A funds. Prepared by: ~(~ ~ Jean Gansel, Budget Analyst Reviewed by: Heidi Ashton, Assistant County Attorney Reviewed by: Date: Michael Smykowski, OMB Director AGE~,,A IT~J,t No._~ MAY -S Collier County Tourist Development Council QRANT ~PPLICATION Beach Renouriehment and Pas~ Maintenance (Beach improvement, maintenance renourishment, restoration and erosion control, including pass and inlet maintenance) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Manager,s Office 3301 East Tamiami Trail Naples, FL 34112 1. Name and Addrsss of Applicant Organizationz Collier County Board of County Commissioner~ 2301 Tamiami Trail Eas% Naples, Florida 3413~ Contact Person, Title and Phone Numbe:=: Progect Manager III Organizstton,s Chief Official and Title: Commissioner Timothy L. Hancock Board of County Commissioner~ Brief ProJeot Description: Monitor County and City beaches for Sea Turtl~ Nestin~ Activities durin~ the 1998 Nestin~ Seasg/] MAY -6 Pg.~~ ~ Collier County Tourist Pevelopment Council Grant Application Page 2 &. ?. Estimated project aur&tion~ One Total amount requeste~ ~126.404.0O If the full ~mc, unt requeste~ ca. not be the program/project be restructure~ to accommodate smaller can Yes No__~ Identify the goall5 and objectives for the project= The following coastal constnlction activities conducted in Collier County, require coastal construction permits from the State of Florida. 1. Beach nourishment; 2. Construction, excavation or maintenance of coastal inlet and related shoals; 3. Beach cleaning and grooming activities landward of the mean high-water line. The following excerpts from current regulations (Chapter 16B-41 Rules and Procedures for Application for Coastal Construction Permits, Florida Administrative Code), provides for the scope of the permitting process and protection of marine turtles as it relates to the aforementioned activities. 16B-41.001 Scope This chapter provides the requirements and procedures for the issuance, denial, transfer, renewal, modification, suspension and revocation of coastal construction permits. In this Chapter Coastal Construction is defined as "any work or activity on or encroaching upon sovereignty lands of Florida, below the mean high-water line of any tidal water of the state, which is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes." 16B-41.0055 Protection of Marine Turtles (Florida Administrative Code) (1) In keeping with the Departments Authority to protect marine turtles pursuant to Section 370.12, Florida Satutes, any application for a permit under this Chapter for construction that aifect, marine turtles shall be subj.¢;io~ the conditions and requirements for marine turtle protec as part of the permitting process;. MAY -6 Collier County Tourist Development Council Grant Application Page 3 (2) The Department shall require appropriate measures to protect marine turtles and their habitat, such as: nest surveys, nest relocation, nest marking, modification of coastal construction, measures to reduce sand compaction, and short and long term monitoring to assess the impacts of the permitted coastal construction on marine turtles and their habitat. The Collier County Natural Resources, with assistance from Conservancy, Inc., monitor the following beaches for sea turtle nesting activities as a permitting requirement of the State. Barefoot Beach: construction, excavation or maintenance of wiggins Pass (only that area included within the area of influence of Wiggins Pass; 1 mile north of Pass south to Wiggins P~ss) Vanderbilt Beach: beach nourishment; construction, excavation or maintenance of a costal inlet and related shoals (Wiggins Pass and Clam Pass); beach cleaning and grooming activities landward of the mean high-water lime. Parkshore: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Clam Pass and Doctors Pass) city of Naples: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Doctors Pass and Gordon Pass) Marco Island: construction, excavation or maintenance of a coastal inlet and related shoals (Big Marco Pass and Caxambas Pass); Beach nourishment; Hideaway Beach T-Groin; beach cleaning and grooming activities landward of the mean high-water line. The duties and associated costs of the program are as follows: 1. Administrative/Permitting 2. Reconnaissance and Beach zoning 3. Daily Monitoring {7 days/wk./beach) 4. Evaluation 5. Mapping 6. Data Entry 7. Disorientations (associated with beach profile) 8. Reports (Annual and Sea Turtle Protection Plan) 9. Mobilization/Demobilization 10. Vehicle Maintenance 11. Supplies 12. Beach Compaction Studies and Reports 13. Dune Vegetation Monitoring 14. Nest Relocation in Construction Areas 15. Monitoring and Reporting of Escarpments AGENDA ITEM No. ':: - .';! HAY - $ 1997 · Co~ier County Tourist Development Council Grant Application Page 4 The purpose of this application is to obtain funds to perform the requirements of a sea turtle protection program in the specified locations. 10. De~ri~ wh~t be~k~ will be receive~ fr~ t~ (a) The program enllances the potential for receipt of funding assistance from State and Federal Agencies for coastal construction~ including beach nourishment and inlet management. (b) The program allows for numerous activities seaward of the State Coastal Construction Control Line (CCCL) to be conducted during the sea turtle nesting season. (c) Allows activities otherwise prohibited during sea turtle nesting season to be conducted (i.e. beach raking) · (d) Provides coordination with State and Federal agencies for the protection of threatened and endangered species. (e) p..'ovides baseline data utilized by engineering consultants related to beach design which could result in a reduction of expenses to the County. (f) Provides for beach sand compaction studies as required by Federal and State permit conditions (g) Provides for monitoring of new dune vegetation to assure survivability 11.~escribe ~0w the ef~ectiven~ of the pr~4ect wi!~ be Prior to approval for implementation, and construction, the beach nourishment and inlet management projects will receive extensive evaluation as to their effectiveness by the Florida Department of Environmental Protection, the U.S. Army Corps of Engineers and the Beach Renourishment/Maintenance Committee as well as local environmental and permitting agencies. Satisfactory provisions for continuing Sea Turtle protection and an adequate data base will be required as part of this evaluation. 12.Describe how the project enhances existin~ coun~ Tourist ~evelopmen~ proarams: As a requirement for approval of the beach nourishment and inlet management projects, provisions for monitoring sea turtle nesting activities will be instrumental in the implementation and subsequent management of these programs. 13. Rg$~ribe how ~ina~:$a~ resour¢~ will be m~nitor~_d_[ The project budget will be managed through the exis financial and management structure of Collier Count will be administered by a project manager in the Of of Capital Projects Management. AGENDA ITEM :ingNO. and iceMAy - 6 B97 Pg. · Co'l~ier County Tourist Development Council Grant Application Page 5 The basis of the project budget consists of Personnel and Operating Costs associated with performance of the monitoring activities. The total amount of the propo-~:ed budget is $126~404. 14. ~9--~-~ th'9 f---~-~'l°-win~--q~-~'i~ and * Does the proposed expenditure further the objectives outlined in 'the Mission Statement? Yes. Beaches are the major tourist attraction in Florida and their management and restoration is of vital importance. This project directly impacts the ability to obtain permits for such restoration. * Does the proposed expenditure ~airly distribute monies to different geographic areas of the County? Yes. This project is a County-wide program. * Does the propose4 expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes. Environmental issues and considerations are a major component of the project design and must be satisfactorily addressed to obtain permits from the regulatory agencies. * Is the proposed project part of the ongoing Collier county beach restoration project and/or pass maintenance/dredging/management projects? Yes. This project is essential to permitting, implementation and maintenance activities related to the Collier County Beach Restoration project, the Marco Island Beach Restoration project and the six (6) inlet management projects. * Is the proposed project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes. Sea 'Turtle Monitoring is a requirement for issuance of permits from the regulatory agencies for construction and maintenance of the beach restoration project. AG£NOA MAY pg. Collier county Tourist Development Council Grant Application Page 6 * Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes. Successful and timely pmrformance of this project is critical to on-going beach maintenance projects. * Will the project decrease the local cost share of an overall beach restoration project, either by decr~asing the total project cost or by increasing the local/non-local ratio? Yes. Efforts on this project will enhance the potential for receipt of state and federal funding assistance for the Collier County Beach Restoration projects. * Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes. Comprehensive Sea Turtle monitoring data will provide a basis for cost effective construction scheduling. * Is there a potential for an alternative/matching funding source? No. * Is the project consistent with the Collier County Growth Management Plan and/or standing Board of county Commission action? Yes. The criteria for design of this project provides for compliance with provisions in the Growth Management Plan. The Board of County Commissioners has endorsed this project and the proposed schedule~ Provisions for Sea Turtle protection is a major consideration in this regard. * Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes. This application will be considered by the Beach Renourishment/Maintenance Committee at ~ikGENDAiiEM regularly scheduled meeting on April 3, 1997. No.~_~_~(~l~ - Their recommendation will be forwarded under separate cover. HAY o 6 1997 ? "'0 Collier County Tourist Develogment Council Grant Application Page 7 i have read the Beach Renourishment and Pass Guidelines and cKiteria and agree that my organization will comply with ~1 ~u~.nes an~ criteria. ~ignature .... ~ Organ at~o~,s Chief official or Designee" *Director o~ office of capital Projects Management authorized to sign Category "A" applications on behalf of the chain%an of the Board of County Commissioners. Approved by Board of County Commissioners on August 24~ 1993, Agenda Item 16(h) (2). AGENDA U~M Collier County Tourist Developl~ent Council Grant Application Page 8 SEA TURTLE MONITORING 1998 NESTING SEASON Personnel & Op(:rating Cos~:s 1. Marco Island 2. Nap].es Headland 3. Park Shore 4. Vanderbilt Beach 5. Barefoot Beach B. Equipment Costs TOTAL $ 28,967 $ 27,259 $ 27,161 $ 29,027 $ 13,990 $ O0.0O $126,404 HEH/gmm/6771 AGENDA ITEM No. ?' ~:'.;,~) HAY - 6 1.997 pg., ~ RECOI~LMENDATION TO ACCEIrl' A SETTLEMENT PRO.?OSAL IN WE,¥TTFIND CONT. I~ICTING, INC. ~'. COLLIER c"OUNTY~ CAflE NO. 95- 3939-CA-01-TB, COLLIER COUN'TY CIRCUrr COURT. g).ltJ[g,{il~ Timt thc Bom'd of Coun,'y Commissioners ~.ccept a settlement proposal in the ~..~ of ff,'gs.'wind C¢,ntracri.~.~, Inc. v. ¢olBcr County, Cs~e No. 95-3939-CA-01-TB, Collier County Circuit Coua, whir~h would ~'equire t contribution from ilte County in the amount of $660,~. !~,A"7~R&TIiIP..[~ O.., or around March 31, 1994, W¢~wind Contracting, Inc. ("We~twind"), the ~ntram~r ~,.spomible for the Inm~ok~lee Road [bur-lsning proj~t commenc¢.d in 1992, su. bmilted a folmai claim to Comaty staff for additional co~npensation related to thc project in the amount of $I,799,72Z After efforts to negotist~: We~twind's claim tkiled, W~twind filed suit against the Co 'enty o~ Septembe. r 25, i .995 for the sum demanded in it~ original claim as weli al pr,judgment intercsh &,'tomb's fec~ and costs. The County reaponded by filing an answer and affirmative d~fense~ and also bringing .,.,fit against Florida Power and Light Company, Inc. ('FP&L") and Hole., Montes & Associatea, Inc. ("Hole Mont~'). Di~'.ovew ¢ffom we. re begun by all parties and haw continued to this dat~. Additional diacov~'y would tak, place if the s,tth.'mcnt proposed by Westwind is not accepted by Westwind eventually made an offer of judgment to the County in the amount of $800,000. 'I've County initially refused to pay that sum because i't had not been able to get any contribution from the third party defendants. Alter further negotiations, the County has reduced its portion of thc proposed ~¢ttlement to $660,000 with the remairder to be paid by the third party defendai~ts if thc scttlem~t is approved. The propo:~ed settk'ment will also resolve thc County's claim against Westwind afi~irqt fi-om We~twind'~ excavation of certain lak~ on private propmy while working e.s an FDOT contractor. }rI$ICAL Ii~IPACT: The cost of the proposed se{tlean~nt to the County would be $~0,~. F~ng for ~o s~l~t would ~ ~om Fund 313, ~e g~ gas ~ m~ c~iml ~d. No~ly, ~o W~d pu~ha~e oM~ ~ill ,how~ $12,984.80 out,ding. ~t ~mge on ~epmj~tis~,how~. ~ reduction in Fund 313 reserves will be need- ed. GROV/q'H MANAGEMENT~ None. HAY 06'1997 ][]~C_0MMKNDATION: 'Fhat the Board of County Commissioners accept the proposed settlanent sad authorize the C'hairman to execut= all necessary settlement dc,cument~ upon final approval by the County ^ttam~y's Office and the CountT's outside counsd, the C~rlton Fi¢l~ law firm. That the Board approve the necessary budget amendment. Pr~par~ by: Michael W. ~c~tii A~ist,~t County Attorney Re,Aewed by: : "t3_:'"'~-~ ~/--~-!i-L-/-~? ' Bay Mill~r, Interim Adminislrator P, lblic Wofla,~ Db4$ion Dar,; Approved by: Cram%, Attorney Date APPOINTMENT OF MEMBER(S) TO ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOAPd3 (EPTAB) ~]~L.'_~: To appoint 3 members to serve lhe remainder of vacant terms on EPTAB. ~ffi_.~,l~F~(~..~: This I I member committee advises a~..d a~is,.s the count)' in the development and L-nplemenlat[on of the County Enviror~nental Re~,.u'aes Management Program. Memb,.,~'s .~hali demonstrate evidence of exp,.*rti.!e in one or more of the following e, rea$ related to environment~[ protection and rmtvra! resources rr~nagement: Air Quality, Biology (including any of the .~b-disciplines ;ul;h as botany, ecology, zoology, etc.), Coastal Processes, Estuarine processes, Hazardous Wast,;, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Laiid Use Planning, Poilu'ion Coutrol, Solid Waste, Sto,-mwater Management, Water Resou,'e~, Wildlife Management, or other representative areas deemed appropriate by ',he Board such as, but nol limited to, a representative o£th~; development community. Terms ~ 4 years. A list of the c,z,-rent membership is included in the b~tarp. Due to the resignations of Kef. th Kipp, Michael V. Taranto, and Deborah J. Hill w~ currently have. 3 vacancies. A press r¢le~ was issued and resumes were received fr~m thc following interested citizens: Byron I. Meade 4 yes Brenda C. Fogel 2 y~ Steven H. Bigeiow 2 yes Jan M. Stevens I ye~ COMMITTEE RECOMMENDATION: The committee is recommending tim Jan M. Stevens be appointed representing the category of Solid Waste and that the other 3 vacancies be re-advertised. Page 3 of this agenda item is a matrix summarizing the applica:tt~' expertise. ]r!SCAL IMPAC"r: NONE giRowTH MANAGEMENT IMPAr~i~: NONE ~COMMENDATION~: That the Board of Co~mty Commissioners consider the recommendation for appointment and appoint members to serve on the Environmental Policy. Technical Advisory Board and direct the County Attorney to prepare a resolution confim,Ang the appointments. Prepared By: Sue Filson Date: May 6, 1997 HAY 0 6 1997 FROM: Sue Filson, Administrative Assistant to BCC William D. Lorenz Jr., P.E., Director Natural Resources Department DATE: 15-Apr-1997 RE: EPTAB Membership On 14 April 1997, El'TAB considered the following applicants: Stewan l[. Bigelow Brenda C. Fogel Byron J. Meade Jan M. Stevens Of these four applicants, EPT.kB recommends that Jan M. Stevens b~. appointed to EPTAB. Mr. Steven~ should be listed as having experience in Solid Waste. Please also place Hr. Stevens in the open position slot that has the longest ten%~e. EFrAB recommends that the County advertise for additional applicants to fill the remaining vacant positions. I have attached a ma~rix summarizing the above applicants' expertise. WDL/~mm/10631 Attachment cc: EPTAB File SEC~XGN 5&-25 CO~TH'Z~ CO1~B IPOGE:Z,* J4r,,A~E * I~Tl~d~31S .Varec Bradley ComeIl 556 10~th Avenue North Naples, FL 34108 District: 2 Category: Solid Wa.~te Keeth Kjpp ce', ~ 1435 [2th ~;treet North Naples, FL 34102 Di~lct: 4 Category: Solid W~e Michael J. Delate 3700 27th Avenue, S.W. Naples, FL 34117 D istm'ct: 5 Category: Hydrology/Hydraulics & Stormwat~r Michael A. McGee 283-048~ 1155 Momingside DHve 2814502 Naples, FL 34103 District: 4 Category: Botany Monty D. Robia~n 130 Cricket Lake Drive 793.1427 Naples, FL 34112 District: 4 Category: Hydraulics/polludon/stormwater Frank Paru'idge P.O. Box 43 Everglades City, FL 34139 Dlttrtct: 5 Category: HYc~mlo~5,/Water Re~outce:~ Michael Simonik 343473~ 1821 Rich..ds Strcet Naples, FL 34120 Di. rtrtct: I Category: Biology Environmental Policy Technical Advisory Board ~Vork Phone elppt'd ~-.r4~ Date Term Home Phone Dat, eRe-appt 2ndE. rpDnte 2nd Term 5~2-780S 01/10/95 09/30/98 4 Years 434-662~ 09/05/95 09/30/97 '~ Years 434-71146 ' 282-4817 0!I/05/95 09/..10/98 3 Years 455-~31~ 02~07/95 09/50/97 2 Years 01/06/97 09/30/00 4 Years 10/10/95 09/50/99 4 Years 11/05/96 09/30/00 4 Year~ HAY 0 8 F397 Environmental W, rk Phone .¥rtme Home Phone Allen Morgan Kratz 521-7722 175 Seabreeze Avenue Naples, FL 34108 District: 2 Category: Pharmacy/Science V. Taranto Michael 9961 Boca Avenue North'5--' 597-2527 Naples, FL 34109 District: 3 Category: Research/Development William E. )'. McK.inaey 1898 Mission Drive 592-7124 Naples, FL .34109 District: 2 Category: Pollution Control 2080 River Reach Drive, #61 Naples, FL 34104 District: 4 Category: Policy Technical Advisory Board .4ppt'tl Exp. Date Term DateRe-~tppt 2ndE. rpDate 2nd Term 10/I0i95 09/30/99 4 Years 09/06/'94 09/30/95 4 Years 02/04/97 09/30/00 4 Years 05/'28/9~ 09/30/97 Environmental I. nte~sts Chamber/EDC This 11 member committee was created on 03/12/91 by Ord. No. 91-26 {amended on 06/18/91 by Ord. No. 91-48) to advise and assist in the development of environmental conservation and protection programs, ordinances and policies. Terms are 4 yearn. Sta~: William D. Lorenz, Jr., Environmental ,%nrlce~ Dir. 732-2505 NAGEND~ ITEH NAY 0 6 ~7 () MEMORANDUM 97 ~PR -7.:'"., ,.:' 52 DATE: April 7, 1997  '~;: ~:. l!e ~T~(~t.~ TO: Vinell Hills, Elections O~cc .:,'~,.:.:-.: ,;': ,, FROM: Sue Fil~n, A~inis~tive Bo~d of Co~W Co~issione~ RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters ~n Collier County. Also, please list the commission district in which each applicant resides. COMMISSION D[~ Brenda C. Fogel 1019 Broad Avenue North Naples, FL 34102 Steven H. Bigelow 1937 Empress Court Naples, FL 341 I0 Jan M. Stevens 232 Pebble Beach Circle, El03 Naples, FL 341 I3 Thank you for your help. "o.-/ i/ _ - HAY 06 1997 Pg.~ MEMORANDUM DATE: March 10, 1997 ~,1;~'.: ;',,. TO: Vinell Hills, Elections Office ,~/') ::C,'.t.':': "-, "' Assistan: -''~ FROM: Sue Filson, Administrative Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory comminees. Please let me know if those listed below ar~ regi~ered voters in Collier County. / ,/'~'"' Also, please list the commission district in which each applicant ,resside~, . ~ ..' · , .. W. :' COMMISSION DISTRICT Maureen McCarthy The Don:hester, Apt. $01 607S Pelican Bay Boulevard Naples, FL 34108 Byron J. Meade 1303 Cobia Court Naples, FL 34102 Tlmnk you for your help. MEMORANDUM 'DATE: TO: FROM: April 7, 1997 William D. Lorenz, Jr. Environmental Services Director Sue Filson, Administrati~ Assistan~~z'~ Board of County Cormnission~'~ RE: EPTAB As you know., we currently have vacancies on the above-referenced advisory committee. A press release was is:ued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Brenda C. Fogel 1019 Broad Avenue North Naples, FL 34102 Steven H. Bigelow 1937 Empress Court Naples, FL 34110 Jan M. Stevens 232 Pebble Beach Circle, El03 Naples, FL 34113 Please let me know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Bosxd's coasideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments March 17, 1997 - (. Sue Fiison Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Ms. Filson: I am writir, g tiffs letter in re:;ponse to art article I read in the Naples Daily News on December 10, 1996, concerning the Environraental Policy T~tmical Advisory Board. The article mentioned that there were four vancaacies on the 11 member board. [ called the courthouse and spoke to a Bill Lorenz who suggested that I send you a lettex with a re$1.1me. It is my understanding that the people who make up this advisory board are not experts in this field. I also do not have any formal training in environmental policy but I have been a resident of Collier County since 1970. I am a Trust Associate at Northern Trust Bank of Florida and have been employed by them for the last 11 yeats. I would like to be considered for a position on this panel if there are still openings and they are looking for people who want to be involved the county's environmental issues. You may contact me at my work number 262-8800 em 162 or my home number 403- 0412. I look forward to hearing from you. 7 lM'enda C. Fogel I A¥ 06 1997 '"0 Brenda C. Fogel Broad Avcnu¢ North Naples, Florida 54102 94 i-403-0412 (H) RECEIVED .. '- *~ ::..*' '.' Professional Experience Northern Trust Bank of Florida N.A. Napim, Florida ,Tax Depa~m~pt Assistant ~ 1985 to Compilation and preparation of quarterly employer tax returns federal and state, related W-2 and 1099s. Prepsre Non-Resident alien ren. trns and pay monthly taxes. Organize 1040 rct~ms for silF~amre. Research ~.~d reply to I~S inquiries. Prepare annual Unim.tst Valuations. Monitor trust closed accounts. Organize U.S. Es~te Tax Return audits. Prepare and file state forms DR301, 48 l0 and 56 (estate related). Prepare :.,state closing letters. Monitor tax letters ~nd 1041 K-! forms going out to clients. Set up trust cliems 1040 and 706 files. Monitor all 1041 and 1040 re6,mds. Organize lntan~,n'ble Tax returns for fllin8. Gain and Loss reports to clients and accounta~LS. Cut checks for ts~es due on 1040s, 1041s, 706 ~nd estimated payrnents. Prepare 1040 allocations between spouses. Input 1040 information on PC for in house prcpa.ration. Prepare 1041 returns when needed. Bill client~ for tax preparation. Capit, l changes on stock mer~ers. Order supplies and tax forms. Mail or'all tax returns. Va.r[ous computer input to tr~st terminals. Review quarterly 1040 and 1041 estimates. Monitor information flow to outside tax service. Mordtor pm'tnership K-I information. AGEND,~ ITEM No o._.~..~ NAY 0 6 - Page 2 ,.T.~x, Prel~arer (1989 to 1991) Compilation and preparation of 1040 returns. Compilation and preparation of quarterly employer tax returns to state and IRS, related W-2 and 1099. Compilation and preparation of intan~ble tax returns. Research and reply to IRS inquiries. Quarterly review of 1040 estimate payments. Assist in special t~x related projects and research. Capital changes on stock mergers. Prepare annual Unitrust Valuations. Prepare 1041 returns when needed. Organize U.S. Estate Tax Return audits. Coadomigium Manatement Assistant (1991 to Respons~ie for Financial Navigator accounting (i.e. bill payment, accounL~ receivable. bark statement reconciliation etc.) Assist in development of procedural manual for Condominium Financial ~rvices. Work directly with condominium Board of Directors, attorneys, managers ;md unit owners in responding to questions, research a:nd continued client development. Assisted managers and board members in preparation of annual budgets. Prepare insurance amortization schedules. Compilation and preparation of condominium corporate federal and state tax renu'ns. ~epare monthly financial repor:.s for board members. Prepare pa.wol~ for condominium employees. Attend board meetings and armual meetings. Maintain ;~il related files. Compila:ion of materials for Workman Compensation audits. Tru_st .M$ocigte (1993 Working ~owlcdg~ of tnzst and will documents. Work directly with clienLg attorney nad accountants. Prepare all client giR rela~ed pape,,work. Prepare all discretionary principal payment paperwork. Work directly with investment officers on client cash needs. Pay bills for clients. Coordinate mad attend client meetings and luncheons with administrator and investment officcr~. ..~ O6 L 97 Pa~e 3 Capital changes on stock mergers. Compilation or income, ficluciary, estate and intangible tax information for tax departm¢~tL Assistant with daily trust administration. Proems deposits and remitl~mces. Open new accouat$ and monitor incoming Re.register mutual funds and partnerships held in trust. Resolve customer problems. Special projects and rese~ch. Resolve trttst overdrafts. Organize and process Probate Estates and taxable trusts. Prepare asset distribution schedules. First Bank of Marco Island NA (1983 to 1985) Naples, Florida l~k. keerdnz Deoa rtmentl0Pcration~ Process asset liability tnd securities report to Federal Reserve in Atlanta. Prepare daily officers report. l~lance installment loan l~tte fees, IC'NE, [ENC, principal, commercial IENC, commercial principal, CD principal, CD accruals, equip..' line principal. Responsible for all CD and [PA reporting fom~s to [RS. Answer telephones and assig customers with inquiries. Balance customer statements when necessary. Bal~mce general ledger suspense, cashiers checks, expense checks and loan checks. Compi¢tc check central forms for accounts closed in overdrafts, record and maintain updated files on accounts with all other losses. Post b,~nk returns in supervisors absence. Responsible for all CD maintenance and reporting, Close accounts in ovcrdrafl and review periodf, cally for recoveries. Assign numbers and process ali paperwork for VISA Quick Check. P~ ,,~ Page First National Bank of Florida (19'/8 to 1980) Naples, Florida ~ccguntin~ Deo_ar~men~ Assistant to Comptroller. Balanced general ledger, cash and CD's. Handle bank errors between local and out of state banks and Federal Revzrv~ of Miami. Respomible for FR64 report to Federal Reserve bank of Miami and other related repotns and cash items. Working knowledge of mop, Ih end closing procedures. Page 4 First .National Bank of Naples (1972 to 1975) Naples, Florida Trust Departmen~ Operaled NCR po:~fing machine. Posxed daily ~o ledger cards. Handled distribution of dividends and interest checks to appropriate customers accounts. Maintained tickler files and central files. Responsible for transferring stock and bond certificates. Edition Community Collelle. State of Florida Condominium Association Managers licen~. H & R Block Tax Class. Tax Seminars. Horseback riding, reading, gardening, AGE ND~/~T T,F-~ No.~ HAY 0 6 1997 "0 FROM: CCLLIE~ CO. LAt~. ILL 813- 455-~c]53 TO: PAGE:01 A Wa~e Man, geico4 Cornl~any TO:. FROM: DATE: Ifyou ezpeHence difficulty receivin~ this mmamlttal, please call L941) HA'/ 06 1997 ~0._/? _° ~R-~4 9? 14:44 N'ROM:COkLIER CO. LANO~ILL 81~-455-885'J TO:??4~ PA(~:B~ More than 20 ye~r~ =peden~e fa cottndti4 ErnGfa~.. ~.r., cnviro~mea~ e'4:tneez~f m~4:crn~nt aad op.ratiofls, t~to----~.. ,.. .... projecls in nH aspects of ' °'"'""s~ecutrvolavelad~l~ntlonofcaplta~ management. ~ter supply. ~ra.~e~tte~ h'~tnJeat and so, id ~a.~es War. er Steeply Wau~ew~tcr Treatment, Muak~al and Soli,~ Waste Msnai%.n2~t [ndla~a~ Con ttruct~o~ Maaaf~nlent A]ab~.m,, Georga, Kentar. ky. Tennessee, w~ y~ui,.~manl' bc Repon.~blc i'ot da~ operations aud compliance with F~ ~ D ~ ~ m~tio~ ~or ~n m~ sad hd~ ~ h ~ ~d ~ Cu~ ~ DOtal ~~ ~r ~e ~~ ~ ~ ~ ~ ~ HAY 0 B 1997 p.._/,S-_ 14:45 FROM:COLLIE~ CO. LP~OFILL 813-45'5-B853 TO: Sto~tn H. B~ipiow~ P.E. Proteuionaf Exp. rJeut~ ~ntinued Pag~ 2 1991 [974- 10113 Senfor ¥le~ Prveldent Tdbbl. dc ~cb~ ~~P~g ~~ c~ ~ta~ ~d MUd ~te ' ' · a~u; and h~ one y~ in~ b~n~ ~erh~d ~2~ while . n~ and ~xt~g ~tn~ ~f P~ ~ ~d p~g ~ to Ia cha.'~e of developing amd/mp[cmemin% phis iu the mtfltet~nf~ of potethr~:ak ~t~ M~a~m~t Co~t~ and ~ M ~ ~L Corpoenh Vice Pr~toMont Hend.y-~hmJdt, hie.. r_"]u~m~oga, TAr nad Athnt~ ~ a~n~o f~ d~% and ~~g m~ ~m ~t ~ for ~f~i ~ ~ ~~ ~ ~~ ~ h~ udp~at~or~rL ~'s~~~b~~ mSl6 S.l:~r~bed t~ ~o IlO pe~Jeoe ftm's mjot w. ter and wuteu~erpmjc.:u, tod ~ F~lland ~M ~~t ~ Wu ~n n ~ ~ld~ ~ ~ ~ ~ ~, ~g ~ ~i~ ~~ and MAY 0 6 1997 ~R-~ 9? 14:45 FROM:COLLIE~ CO. LP~OFILL Pip 3 Profeoslon.! Exl~rlene. ~ntinued 1~'/!. 1974 Stnta of Tennts~., i~partm,at ~ lMblle In chaq,~ of tcclmlcal overMi;~t for P.L. ~/.-500 A.lodstc ' · a~cwatcr ~te~ ~mnleted~ld ....... ~ · ~n~ol of ~t~ and 15'70. 1971 CIt./of JVnaa~lt, Fk~rici~ Respotm~le for cioslam nad conJtrnctioa of munfclpnl project~ ruc. h u streets, storm and sanitary sewurs, xtructu~s, parks and parking bit Sanitary gn~la~-/'AsMftaat l~'o~.t .W~na$,tr BarL~,, W,tl~nee, Sumnsr & Cannon, Various water and ~ast~tat~. pro,;ectt, l~f~r~nes~ n~on AGE N O~,...,I T,q H HAY 0 6 1997 Ip RECEIVED Mr. Jan M. Stevens 232 Pebble Beach Circle ~'/:?'~ Naples, Florida 34113 Sue Filson Administrative Assistant Board Of County Commissioners 3301 US 41 East Naples, Florida 34112 Ma/ch 24, '1997 Dear Ms, F'~Ison, I have recently become aware of an opening in the Collier Coun~ Commissioners Solid and Hazardous Waste Committee, and am very inter, ted in being co~idered for the voluntary position. Please note on my resume my extemive experience in the collection ofsolid, liquid and hazardous waste. I wa~ owner and operator ora residential and commercial sanitation company for twenty five years. I successfully m:rsaw every aspect of this company for its entire duration. Also note on my resume my involvement in my community, such ~ Crime Stoppers. As a new resident of Collier County, I feel getting involved in ways I can be most productive is of the utmost importance. My wife and I have been spending our summers in Naples for the p~st seven years and have finally decided to become full-time residents. Our new home is currently being built! My home phone number listed on my resume is also a fax number. Feel free to call with any questions you may have. I look fonvard to · reply and · chance to ~ discuss how my extensive experience in the solid and hazardous was,. field can bring l~, sitive growth in the right direction for Collier County. Sincerely, // /c~ - AGEI'ID6 J~TE~? ,[" Jan M. Steven~ NO.~ 232 PEBBLE BE.~CH CIRCLE v.mr~ FLOR,D.~ "' ' ''~ H(.941) 7.9:3-(~828 ;t'(,941; 7f.):3-7.997 EXPERIENCE J.M.S. SANITATION, Northern New Jersey owner and operator for 25),ears residential and commercial solid, liquid and hazardous waste collection PROFESSIONAL ASSOCIATIONS EN'VIRONMENTAL CObIFLISSION, Randolph, NJ served on town committee for 2 years MORRIS COUNTY CRIME STOPPERS, New Jersey Commissioner for $ )wars ADDITIONAL WORK EXPERIENCE J.M. LIMOUShNE, Northern New Jersey Owner. 1987-1988 MAGICOLOR BY STEVENS, Parsippany, New Jersey Owner and operator. 1988-1992 Full service retail one hour photo lab Frank Partridge P.O. Box 43 Everglades City, FL 34139 Board of County Commissioners Collier County, Florida Commissioners: It is with regret that I tender my resignation from EPTAB, the Environmental Policy Technical Advisory Board. ~lthough the participation and knowledge of the EPTAB boardme~%bers have been exemplary, there is a general feeling which I share that the recommendations of the board are ignored by the county Commissioners. This is unfortunate, since the topics and problems faced have been important to the future health of Collier County's natural resources and citizens. In my opinion, thoughtful solutions have been consistently offered for review, and very little feedback was ever returned. The administrative and technical support from the Natural Resources Department has been invaluable. There has been confusion over the roles and responsibilities of EPTAB in relation to other advisory ~x)ards and other County departments. However, without a fair hearing before the Board of County Commissioners, the work of all volunteers and staff is wasted. Sincerely, Frank Partridge AGEND~ ITEN No._ MAY 0 $ 1997 lanuary 31, 1997 12~borah J. Hill PO Box 8565 Naples, Florida 34101 Mr. Timothy Iqan~ck Board of County Commissioners 3301 East Tmmismi Trail Naples, Florida 34112 RE: Environment Policy Teclmical Advisory Board (EPTAB) D~ar Mr. Hancock: I ~n giving notice ofmy resignation fi~m EPTAB. I have temporarily moved to Lee County and feel that I v,Sll not be able to provide the attention required for my board appointment. I once again flmnk the County Commission Members for their support in appointing me. I hope in the future to be able to serve Collier County. cc: W'fllism D. Lorenz, Jr., P.E., Director Natural Resources Department MAY 0 6 1997 MEMORANDUM DATE: TO: FROM: March 10, 1997 William Lorenz, Environmental S ervi_._ces ~.~or Sue Filson, Administrative Assistant ~;]~.~ ' Board of County Comanissioners Environmental Policy Technical Advisory Board As you 'know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideratiov. I have attached the resumes received for your review as follows: Maureen McCarthy The Dorchester, Apt. 501 D-) ~ 6075 Pelican Bay Boulev~.rd Naples, FL 34108 B)Ton J. Meade 1303 Cobia Court Naples, FL 34102 Please let me know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive surmnary for the Board's consideration. Please categorize the applicants in areas of expertise. If'you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Att~kments AG E NO~, ~..1' TF. JU -- HAY 0 6 MAUREr. tN .M[eGA.RTI~'Y Thc Dorchester 6075 Pelican ~ay Fax: (941) R F___.C Ma,'ch 3, 1'997 Ms. Sue F~l~n Administrar;ve As$isl~nt Colt[e:' County Ouvccm'ncnt Fax Number: 774-3602 De~r Sue: It was r,~ce spealdnt~ .,4th ,you this morning. This will cordirrn th,st [ would be i~terested in serv~n8 on ~l~e Env~n,nen~ Poli~ T~c~ ~iso~ Bo~d (~T.~). r ~ve been v~' involve~ ~n ~he man~c~ p~c~ion issue here in Pe?i~ Bay and ~ a vob~t~r m~r oflhe ~blic ~olic)' Co~s oft~ Con~. A~dldor~y. I ~ a ~fi~ ~a~ ~ Litem, repres~fin$ abu~d ~I~ in ~ court sy~ here in Colli~ Co~. I ~ti~ ~om a lon$ ~ in ~or ~8em~t of financifl ~4~ ~qd ~ ~ o~ CO~flg bus~s for ~t yc~. I am i~n& ~ ia Colli~ County for ov,~ fi~ ~ ~d ~ve ~ided that my volu~ e~ would ~ d~o~ to G~d~ and ~e ea~~t. [ ~ 49 )~ of ~c ~d ~x'~ much ~ to d~ote to ~ss~ o~i~t :o ~. .0 MAY {)6 L_ MAUKE£N D. McCARTHY 6075 Pefican Bay ~ui~ d 50 ~ Nmpl~ ~edda ~IOS (941) 598 3~ SUMMARY: · marketing and pmduc~ development. Outst~ding coach who ~ilds at.'ong team :e ac¢ompE~h RECENT EMPLOYM.ENT £XPERI~CE: April 1994 - -~:andia Down Shops. Ltd. luly 1995 Vice President - Down and Feather Full res~or, sibili~y for ~he down ~d :~-~:her ~sia~ss for ~d sp~i~cy f~nc~ x~th 25 ~hopm ~d down ~d t~h~ ~ Lq exc~s of~iO~M. Responsible For ~ pmdu~ d~elopment ~d p~uct manag~L c~astom~ se~ce, query ~d com~tifive ~. . l~duc~ ~ u~q~ p~u~ to ~ ~k~t iacl~din~ the county's ~nd fe~th~ f~th~ which ~t~ in s 65%'in~ ~ f~lh~ Red~c~ quality control p~b[em~ by 98% in ~ ~-month ped~ through nmn~8~ ~8 tracking C~ ~ ~~ ~e ~chi~ ~ w~ si~ ~ t~ down ~nd ~.the~ ~s~ne~ w~ ~ one ~t of :he ~n~ '~ch ~ork~ . R~r~ ~ r~o~e~ p~u~ pdcin~ ~o m~ ~omp~iti~. improve m~k~ CONSULTING~TE'R. IM MANAGEME~N'T EXI~ERI'ENCK: 1985 To 1.094 .'j: .'~!~ I~red by lEauever D~mt, Inc. to evtlu~.te the 25-menber ffzncl,.ise ope~fion of Scandia Down-Coml:m~r, ~:' r~.~t acquisition. La sd~tion to visiti~S with mc[ interview~g ~ wu asked to iden+~ r, rA de,'dop stmegies to inc~sse pro~qu ~ =o ~plom alter=..~ves to frnnchisin~. During' an ei~t momh period was a~ti~y ~ ~n the da.y-to-day ofd~efl'a~chise business. Sub~tq-uently nesotiated mjoint vcn~u~ ilcc~n8 ~tnsernem' sourced the venture passe', d~ the m'ucture of ti~ agreement and worked with the new partner in set6ng up the busi~ md intzu~ci~ it and the new lic, usi~ Ran'at to the former 5anc,hi~. · At Tl~e ~ Savtn~ ~nk of.New York, direc:~ project to improve gr, dc~quality in back-office support ctepamne~ RZlxm'i~ to E'v?. ideuxiBed arm regaling imptove,~ mci develnimd departmem~-dei',at'duent plan~ :o create a vruly cugomer-~ envitunme~. Working with DepamneuX Heada. idmtitied impedimex~ to internal stammer re'vice, and di~.~ t, naioaal team~ in developing solutions end ac:ion pl~ to ~ ~ probtemt empowermem as the major devedol~er, tal ~ to amble e~fiv~ and sta~alike zo re-activ~ to tt ~ response to ~ herod. NAY 0 6 1997, po. · At C'h~ue MnnhnTM Bank, reTl.~ced Vice ~e~d~t in c~se o~uc~ %q~ ~ M~d ~c C~s, M~ ~ct m~ r~l~ for in~e~ inc~ed pu~h~e usage ~nd a~dtion reduction. Work~ wlbh C~om~ S~cc, 0~o~ to ~ smith imple~fion uf~[ pro~'~. Work~ with 3~e~ on positioning t~ting. · At Citibank, r~l~ced ~t ~,~es ot'ot~cem in v~fio~ ore, lit product develolrment zr~,~. Rzn new produc: me~ings, introduced product ertha~c.-rn~t~ and coord.~nated offerings with n~tion~! PRIOR EbI'PLOY~'~ENT HISTORY: 1983 Chemie:d ga~k~ New York Vice President and )%arket ,~Ianager Directed ~1 re, ail b~.nkin$ Nd comrnuni~ l~d~ng activities in Ruckl~d C~n~ ~d low~ W~ch~. Respo~ible ~r 12 b~he3 ~ Ii~)ili:y 5a!.~ces of S700~L opera~ ~ds~ ofS2~ ~ ~30 ~ple. ~ed ~ rn~keti~g acti~.ities a,~ ova' ~t~t[vo delN'~ (lo~$ centers, A~s ~d Co~ra~e ~). ' '" Brough: Rocki~d C~nty ~om ',a~ pl~ La ~es (out of six ~ions) to fir~: pl~e ~ ~t w~ . ~~ a~ ~ ~ 15~,; in six mont~ h~ coum. . ~cr~ed ~es ~ ;llent con~ from 1.8 to Z9 in ~.'~ : ~w ~u~on ~ A~ t~olo~ ~o RocU~nd C~nD'. ~m to I~1 m~k~g p~. .-0 t987-. 1955 Amerl~ Savin~ ]lank, ~em York . ~ior ~ ~ent- ~ ~k~E ~d ~do~ .- -:. ..~:. :.,./~.. ' ~ m~ ofB~'s S~orM~.,S~ Co~ . D~o~ ~ ~h~e~ ~ ~8 pm~ m~ out ~ . ~cd ~ mo~l~ c~t~ (t~ II~'s tim), md ~r~t~ ~e . HAY 06 -' .Pg. p -3- t981 - 1987 Cittc~rp/Citibaak, Ne~ York · Vice President international Private Bank ! 98.1- [ 9S7 'vice l%-esklen.: nnd D!re.-tor ..~f Ma.rkedn$ ~upporr~ ree. pon~ible for .nr~'-duc~ product mar~$-ement, maz~et r~e~h, .mdv~,Iisin& u-alning and cli~t protocol A~ve member or' Sen;ct .Managem~, t Committe~. · D,~'e!oped .'.he ~3av, k's :i."st ovrrnight d~osit account ~ ,.nulti-carr, encie~. ~tJnsmg $2J1~,i in the first month. Sub..'~--qucntly 'sold" tl~s product to other Citicorp entities. Pr~',,~tly off'ertxl iai n.ll don,=sdc branch,~. · Ir~.~ed and ,Jcvetop~ the who!esa~g ofaddidoml pto~uc~ to other Cit;co, lv et:ri:ies. r:sulting in additio,'~ revenues ot'$3,.'~vf. · ' '.~, Dirked; development of' major sales rnant~mcnt pro~m'n which became ihroughout other intea-nadon~ bmrdd,g centen. .'. " New York l~nkln$ Division 1981-1954 ~ .'.. . '".'. :..~: ~. ;. · . . O '~ .'-' '~"~ '- ..V~ presldmt in rbarse of'Madir~n ^verm~/42 Stre~ Brlncl~ S350NO4 buaine~s ,,..- -,--~.~., .-~-.. .. ..... .. ~ ...w~th.,. 6$~nploye~. ...... _ ~ ...... ...-. ,:<-.'.-~ ':V. '- · · · - -- · - ": -"'"' ~"=" ,~-Su¢¢ess,~ally turned busSne~s arou~l tot beummo z [e~db~$ performer in Upper M~nhattan Divigon. Con~ist~tly r~:o~niz~ with bonus :u~ ~ock options. "'-' '.Estm~d~ed Ba~.k's first Ioe~ C~ter, br~ns~g ~n 43 new taw firm clients in ,2'.'~..mdmb~. ':. .~:' · .. ~" .. Set uP Ex~::udve ~klng Prosr~m ~or major Fortune 500 ¢omp~,':y, resulting in ,. .... i'. :~L'~ ~n new lia~iliry balance~ in tint t~'ee month~. "' ~ Increued b~ez~,.h'~ ov~ll liab:,Hty ba. lmnce~ by 4.8% ~ one ye~'. 1973'-:19g L · Untt~J'ers~. em)~ New -? :, ,..... : :-~.,,~ ~':-~.. ,.. ..-. , .: :. . ..'...,.~. · . · . . .d,~ ..~., . .- .- {~t,..'?'. ., .-. .... .. ,~- .. FI)~CATIOPt ' ' "': ' " : .... " B.s. s g-Ur v rsiv/of New Vo& Univ~'sity of C,'~lorndo, B&nk .Markeling Ass, ociaticra'$ C-r~du~e Sch,oot o? Bank AGENO~ .J~TE~'" No. MAY 0 6 1997 February 12, 1997 RECETVED ~O~r~ of ~un~y Co~mi$~ione%~ NORTH 5TH STREET PO BOX 1538 LAFAYLrrl'~, IN 47902.1538 317-1,23-2.56[ FAX 317-42'I-2726 1020 rn-I AVE. ,SOUTH, ~ 3 P.O. BOX 2192 NAPLF..S, FL 34102.2192 FAX 9¢1-403-;'340 Ms. Sue Filson Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Sue: I would be most in~:erested in serving on the Environmental Policy Technical Advisory Board for Collier County. My address is 1303 Cobia Court, Naples. I was Interested in getting involved with the community, and Mr. Gil Muller suggested that I contact you. Cordially Yours, WlLLIAM lC CETTINCS, CLU, C~FC ~t'RON I. MEADE. CLU t~ILLI/~M P. CLrrTINCS. CLU, ChIC ~o._ / ~/'-/ HAY 06 19~7 February 14, t997 Dear Enc~ose~ .s my resume. We have live,3 ~n Napies of'. and o11' since 1993. and in 1996 we purchased a p. ome .n .Rc~,al Harbor We ha,.e been dom,,,=,=d here sinca last fa,[I and are interested ;n becoming more ~nvclved in the commun;ty -'Byr'~n J M.~E'e. CLU ndlt;jm enclosure AGENOA ITEM .o. MAY 0 6 1997 BYRON J. MEADE. CLU Byron J. Meade is a partner in th.e firm Meade, Gettings and Gettings The firm handles pensions and executive benefit programs for the Midwest and Florida. Mr. Meade became a F=oriHa resident this past fall and now operates the Flodda . Gettinqs and Gettmgs. 'Mr. Meade is a o~c;-of Meade -I d Table, Top of the Table. memCer of the Million Dot.a.r P, oun . and the Internat, onal For"urn. Mr. Meade gradvated from Purdue University in the School of Agricultural Business Management. He has also been a lecturer at Purdue University. At fine present time, Mr. Meade is teaching an adult educat~on course at Edison Community College. Mr. Meade owns and flies a Beechcraft Bonanza. Mr. Meade's clientele includes many large companies such as Subaru of Amedca. ,., MAY 0 6 1997 EXECUTIVE SbT~Y PETITION NO. CU 97-5, MR. MILES SCOFIELD REPRESENTING CRAIG & KARLA SIEBERT REQUESTING CONDITIONAL USE "1" OF THE "RSF-3" ZONING DISTRICT TO ALLOW FOR A BOAT }lOUSE FOR PROPERTY LOCATED AT 291 SEABREEZE AVE. IN CONNOR'S V~~uNDERBILT BEACH SUBDIVISION. O~TECTIVE: The petitioner is requesting the above described Conditional Use for a boat house for an existing residence. CONSIDERATIONS: The subject site consists of approximately .35 acres and contains an existing single family dwelling and a boat dock. The applicant wishes to construct a 20' X 30' boathouse. The boat house will be approximately 11 feet tall measured from the deck. The subject property fronts on Wiggins pass waterway, which is a wide expansive body of water. While the proposed boat house may create some view blockage to adjacent property owners, (especially with regards to the lot adjacent to the west of subject lot) the proposed boat house is open on all sides and is only 11 feet in height from the seawall to the top of the roof. This design coupled the wide expanse of Waterbody adjacent to this and surrounding lots should minimize view blockage concerns. The Collier County Planning Commission reviewed this petition on April 3, 1997, and with a vote of 7-0 reconunended approval. FISCAL IMPACT: None. GROWTH ~{ANAGEM~NT IMPACT: None. HiSTORIC{A~CHA~OIX)GIC~ IMPACT: Staff's analysis indicates that the petitioner's property is locate~ outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. pI2~ING COMMISSION ~CO~KNDATION: That the Board of Zoning Appeals approve CU-97-5. Note: Staff will be preparing certain amendments to the Boat hous'~/boat dock Section of the LDC during upcoming LDC amendment cycle. This Boat house/dock facility is consistent with the provisions and restrictions which staff will be reconunending including: water frontage exceeding 150 linear feet; waterway width in excess of 100 feet; meeting minimum setbacks; extension into the waterway is limited to 20 feet; height does not exceed 50% of the height of the principal structure; boathouse is open on all sides; roofing material will be consistent with the color and material of the principal structure or may be of palm frond "chickee" style. PREPA/~ED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICF SENIOR PLANNER DATE P~VIEWED BY: ~~RT' J. MULHERE, AICP, MANAGER CUI~T PLA/qNING SECTION DONALD W. AI{NOLD, AICP, DIRECTO~ DATE DATE VIN~T~A. CAU~ERO, '. DATE C(l~94UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1997 AGENDA ITEM 7-G MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: March 11, 1997 PETITION NO: CU-97-5, SIEBERT BOATHOUSE AGENT/~PPLICANT: Agent: Miles L. Scofield 3584-B Exchange Ave. Naples, FL. 34104 Owner: Craig & Karla Siebert 291 Seabreeze Ave. Naples, FL. 34108 GEOGRAPHIC L~TION: The subject property is located at 291 Seabreeze Avenue and is further described as Lot 28, Block "D", Connor's Vanderbilt Beach Unit # 1 (See illustration following page). R~QLTESTED ACTION: .. To obtain conditional use "1" of the "RSF-3" Zoning District to allow for a boat house. p%~POSE/DESCRIPTION OF PROJECT: The subject site consists of approximately .35 acres and contains an existing single family dwelling. The applicant wishes to construct a 20' X 30' boathouse. The '.boat house will be approximately 11 feet tall measured from the deck. SURRC~3NDXNG LA.WD US]~ AND ZONING: Existin~ Conditions: The site contains a single family dwelling Surrounding: North- Single-family; Zoned: RSF-3 East - Waterway South - Waterway West -Single-family; Zoned: RSF-3 OF GROWTH MJG~AGE~NT PI2%N CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: Future Land Use Element: The subject parcel is designated as Urban Residential on the Future Land Use Element of the Growth Management Plan. This designation permits residential development at a base density of 4 units per acre. It also allows for co~ercial and retail uses. In addition, the proposed boat house is a conditional use within the "RSF-3" zoning district. Therefore, this petition is consistent with the GMP. Other Applicable Elements: Since the site is currently developed it will not adversely impact on any environmentally sensitive area. Tkerefore, this petition was not required to go before the E~. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan. Where appropriate, mitigation measures and stipulations have been generated to ensure consistency with GMP during the permitting process. HIS~RIC/~CHAEOLOGICALIMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as designated on the official Collier County Probability Map. Therefore, no survey and.assessment is required. However, pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be i~ediately stopped and the Collier County Code Enforcement Department contacted. EV~T33ATION mR E~IRONMENT~{ TI~ANS~RTATION AND INFRA~TRUCT%TR~: This petition was referred to all appropriate County agencies with jurisdictional oversight for elements of the Growth Management Plan for their review. They have reco~ended approval subject to appropriate development stipulations that are consistent with the Land Development Code and Growth Management Plan. Staff has determined that no level of service (LOS) standards will be adversely affected by this request. In addition, appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Therefore, the conditional use request is consistent with the Growth Management Plan. -2- Mm 0 8 1~7 7 CRITERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staff evaluation and comment. This criteria shall be used as the basis for recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the professional opinion of staff. Staff review of each of the criteric, n is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. CONDITIONAL USE: a. ConsistencY with the Land Development Code and the Growth Management Plan. Pro: The subject site is designated Urban Residential on the FLUE of the GM?. This district .permits residential & non-residential uses including boat houses. Con: None. Summary Conclusion: The proposed use is permitted within the Urban Residential District. This district recognizes that certain uses are important and a necessary part of a community. For that reason, this district is inclusive of accessory structures such as boat docks and boat houses. 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 and catastrophe. Pro: No change to the existing ingress and egress. Con: None. The project's existing access driveway 0 1997' AP Sun, nary Conclusion: should continue to operate adequately. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: The subject property fronts on Wiggins Pass Waterway, which is a wide expansive body of water, and a 100 foot wide canal. However, the proposed boat house will create some view blockage to adjacent property owners, especially, with regards to the lot adjacent to the west of subject lot. The proposed boat house is open on all sides and is only 11 feet in height from the seawall to the top of the roof. This design coupled with the wide expanse of waterbodies adjacent to this and surrounding lots should minimize view blockage concerns. Con: None. Summary Conclusion: The project will not have an adverse effect by the way of noise, glare, economic or odor effects on the adjacent properties. d. Compatibility with adjacent properties and other property in the district. Pro: There are no boathouses within the close proximity of the proposed boathouse. However, there are several boathouses in the area. Additionally, as mentioned above, view blockage will be minimized at this location due to the boat house design and height. As a result, compatibility with adjacent properties is not an issue. " Con: None. Summary Conclusion: The site is designated Urban Residential on the Future Land Use Map which permits single-family dwellings and accessory boat docks and boat houses as a conditional use. Note: Staff will be preparing certain a~endments to the Boat house/boat dock Section of the LDC during upcoming LDC amendment cycle. This Boat house/dock facility is consistent with the provisions and restrictions which staff will be reco~ending including: water frontage exceeding 150 linear feet; waterway width in excess of 100 feet; meeting minimum setbacks; extension into the waterway is limited to 20 feet; height does not exceed 50% of the height of the principal structure; boatho~se is open on all sides; roofing material will be consistent with the color ahd material of the principal structure or may be of palm frond 'chickee" style. -4- ~Y 0 6 1997 7-: ':" ,3 - STAFF R~COMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CU-97-5 to the Board of County Commissioners with a recommendation of approval subject to the stipul&tions listed in the Resolution. PREPARED BY: CHAHRAM BADAMTCHIAN, AICP SENIOR PLANNER DATE REVIEWED BY: ROBERT J. MULHERE, AICP CURRENT PLANNING SERVICES MANAGER ~ONALD W. Ad'OLD, AICP /~ PLANNING SERVICES DIRECTOR 9INCENT A. CAUfE~O, ADMINISTRATOR COMPrUNITY DEV. ;%ND ENVIRONMENTAL SVCS. DA?E DATE DATE Staff Report for the April 3, 1997 CCPC meeting. NOTE: This Petition has been advertised for the April 22, 1997 BCC meeting. COLLIER COUNTY p~~CO~ISS! M~ICHAEL A. DAVIS CHAIR~N ON: -5- 1997 22 97 r~SOLUTION 'A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A BOATHOUSE CONDITIONAL USE "1" IN THE "Bar-3~ ZONING DISTRICT PURSU;~T TO SECTION 2.2.4.3 OF TIlE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, PAl<GE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, :he Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County thc power %0 est,'Jbltsh, coordinate and enforce zonin~ an5 such bus~ne~s regula%ions as are necessary for ~ro~eclion of %he public: W}{EKEA$, ~he C~un~y pursuon% :here%o has adopled a Land Comprehensive Zon:n90rdln:,ncc cstabli~;hih,l rcr):]l;,Ltons for thil :onin~ of parClcu~a~ qoo~ra;:hlc al:vis:oh:: o~ tl.,. County, amen,I which WHEREAS, ~,o Collier Count7 P1;,nning Co~:ul~:sion, being the duly ~ ' 4.3 in ;,n "R~;~'-3" zone for a Cenditional Use '!' of Sec~nr% ~.-. boathouse on the propurLy hc~im'mfLt'r ,h~:;c~ il-'.l, .,r,.I h;,:; lmmd ,,u arrangemen% have been made concernin:j all applicable mailers ruquired by said regula[ions and in acco=dance wi%h Subsec='ion 2.~.4.4 of band Developmen~ Code for the Collier Coun%y Planning Co~ission; and WllEREAS, all in[eras[ecl parties hart, l,l.c.~ ,livun opporttmity ~ heard by [his Board in ,~ pubJic m~uLiml ;,:n:t..,blcd a.d Lhu having considered all maCter:l -1- MAY 0 6 N~. I $ I I0 16 17 19 .~0 25 Tho petition Iliad by Miles L, Sco£iuld u[ 5¢oflcld Marinu Consulting representing Craig and Karla A. Siebert with respect to the property hereinafter described as: LOt 28, Block "P~, Conner's Yanderbilt Beach Estates, Unit 1, according to the plot thereo[, as r~corded in Plat Book 3, Pages 8 & 9, Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "~~ of Section 2.2,4.3 of the "RSF-3~ zoning district for a boathouse in accordance with the Conceptual Master Plan (Exhibit "B"] and sub)ect to th~ following conditions: Exhibit "C" which is ottoched hereto nnd :ncorpor~ted by re~erence herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of thi~ Board. This Resolution adopted after motion, second and ma)ori:y vote. Done :his day o[ , 1997. 5Ot, RD OF ZO:JII:G APPEALS COLLIER COUNTY, FLORI[,A DY: ATTEST: DWIGHT E. BROCK, CLERK TII-:C)TIIT I.. IIl~';CO~:i':, C:ll;,,llq"J'Jl APPI!.OVED AS TO FOILH Ar,'P l,l':(;^l, :;tll-'l"l C: I I':NCY: M. SI'UI)ENT ASS ! STANT COUNTY AT'rO[{N[.:Y [/Cg-9'J* ~ IJI~$OLUT l Oft -2- No. ~ 0 1997 I, Miles L. Scofield, as authorized agent for Petition CU-97-5, agree to the following stipulations requested by the Collier county Planning Commission in their public hearing on April 3, 1997. ~lanninq services: a. The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, site Development Plan Review and approval, of the Collier County Land Development Code, ordinance (91-102). b. The roof structure, material and color of the boat house shalk match the roof structure, material and color of th.a main dwelling. PETITIONER OR AGENT State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this day of ., 1997 by , who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary PubliC~ NOTARY PUBLIC NOTARY PUBLIC Commission ~ My Commission Expires: EXHIBIT "C" -1- MAY 0 6 1997 Pg. /~ State of Florida County of Collier The foregoing Agr~ment,Sheet was acknowledged before me wh P as identification and who did (did not) ~tgnature of Notary pu.blic} -2- HO. ~ I~AY o ~ COLLIER COtrNTY AppLICATION FOR CONDITIONAL USE REQUESTS COORDINATING pLANNER:__ DATE RECEIVED: PHONE :_~Z~3- igC)0 _ APPLICANT NAME (AGENT):_~/L~5 2. ~_~_o~ I~L~;) .... APPLICANT ADDRESS:~--I'~l--~-'{~~'' A~I~. ; ~JA~I.~-.~, ~'L.. 341o~{_ ~ROPE~TY OWNER (PETITiONeR) NAME ~D AD~RESS*:_C{,*~-~' ~,r~,~A ~i, 5~-S~T- ~j~j, L.E5 ~-. .%glO ~ DETAILED LEGAL DESCRIPTION OF SUBJZCT PROPERTY: ~o~s~P:_ ~ SECTION: ~ - PHONE: :3; PROPERTY I.D. f: ACRES: SIZE OF PROPERTY:_ /70 _FT. X /~0 FT. GENERAL LOCATION ~:D ADDRESS OF SUBJECT PROPERTY:__ ZONING OF SUBJECT PROPERTY:~'3 _ EXISTING LAND USE: ~l~&~ FI~.~I&Y ~--~. TYPE OF CONDITIONAL USE REQUESTED:__ ~O/gT-/~OL~-. ADJACENT ZONING ~D LAND USE: ZONING S E LAND USE -1- AO E ~l~^l'~[,~ MAY 0 6 1997 ,',. OOTE: Staff recommenAation to the Planning commission and the planning commission recommendation to the Boar~ of zoning A99eals shall be based upon the following criteria. Please respond to the following criteria= IS this request consistent with the Land Development code and Growth Management Plan?_ ~ Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: The effect the conditional use would have on neighboring properties in relation to noise, glare, economic and odor effect. Compatibility with adjacent properties and other proper%ie~ in the district. ~ ~G~ATURE OF p£~5-~ER OR AGENT -2- DATE 0 $1997 S=ate of Florida county of Collier - SIGNATURE 07 · eement Sheet was acknowledged before me The foreg.o~ng Agr ,~,~, ~,, /;.j,/..- ~ ~,/~'?,' /,'/, persona~_n to me 9r %~ho has pro~uceo ~_.a.:; . /.../....., '/ ~(Signature of Notary public) this who is NOT;tRY PUBLIC . ~. co~ission # J'? ,. My Commissio~ Expires: L.~c ~/,,. -2- MAY 0 6 ~.997 I ..l' J 1997 · PLA'F OF SURVEY CERTIFIED CORRECT TO: Craig and ratio A. Seibert; N.B.D. Mortgage Company. Its Successors and/or Assigns; Island T;tle Guaranty Aoenc>', Inc. and Lawyers Title Insurance Corporation. DESCRIPTION (FURNISHED BY CLIENT): LOT 28, BLOCK "O", CONNER'S VANDERBILT BEACH ESTATES, UNIT NO. 1, according to the plat [hereof, os recorded in Plo[ Book .3. Pages 8 & 9. Public Records of Collier County, Florida. STREET ADDRESS: 291 SEABREEZE AVENUE NAPLES, FLORIDA 3,3963 20' n~o $/&' IRON NO Ia 010' 0 .lO' r~ST BEARINGS SHOY,~I HEREON ARE BASED ON THE NORIH BOUNOARY UNE OF LOT 28 AS BEING N57'50'00'E, AS SHOWN ON RECORD PLAT. LOT 29 C-1 y~. mm 12'01'12' c~ .,o,c,r'(. L "' 1,30.07' CHD - 129.35' C3 ,, N26'OB'24.'W C-2 R ,,, 4BO.O0' ~_ ,,, 0.3'2)5'00' L - 50.02' Clio - 2)0.01' C8 - NS0'22'.30'W 0.20' 0.35' ~OC~L SEABREEZE AVENUE WIGGINS PASS WATERWAY l C-1 I.: I~. ~' sc,cc.co PATIO 0.35' w~OC PLANT~R LOT 28 A~ALT GRiYI:WAY tHO NO*~) 0.20' IN Z8.35'00° W ~Aw*LL )T '1'Ko PC~G.b REQUESTING THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS GRANT AUTHORIZATION FOR THE CHAIRMAN TO SIGN AND CERTIFY TO THE CORRECTNESS OF THE COMPUTER-GEUERATED CENSUS MAPS AND SIGN THE BOUNDARY AND ANNEXATION SURVEY. program. In this pn3gram, we have been asked to provide up-to-da~.e street and boundary information for the entire county. The information that we provide will assist the Bureau of the Census with the calculation of census and statistical data. Planning Services staff has made the requested changes and additions to the maps and completed the Boundary and .Annexation Survey, The Bureau of the Census requests the signature of the 'h~hest elected official' in Collier County appear on each map, and also on the tlurvey, attesting to the accuracy of the information provided. ~SCAL IMPACT. None. MANAGEMENT IMP~ None, Staff requests authorization by the Board of County Commissioners for the Chairman to sign the aflached documents. I , la~.~ :~'.~.~'~,",,x ';""::~ To obtain autho~zstion ~m the Chal~an of the Boad of Coun~ ~. . Commlssionem to sign and cen~ to the ~c~ess of the ~mputer~enemted : "' census maps and sign the Bounda~ and Annexat~n Su~ey. ' :' ' ~-0111er Coun~ has been invlt~t to pa~lcipate in the Census 2000 g~raphic REVIEWED BY: Barbara A. Cacchlone, AICP, Manager Comprehensive Planning Section Donald W. Arnold, A!CP, [)lrector Planning Services Department Vincent A. Cautero, Administrator Community Development & Envlronmenlal Services Date Date Date IAJ-~-LI (MI UNITED STATES DEPARTMENT OF CONtMERCE Bureau of the Census Washington. DC 20233-0001 OFFICE OF THE DIRECTOR FRC)M THE D~RECTOR BUREAU OF THE CENSUS Tht Ce~su~ Bureau k conducting ~f, Bound~y and Az~rWXlliO~ Suwl¥ to Obtl~n information ib~t the legal boundarlM o( counties (boroughs In AIMke) and the Im~n, tory .of municI, pal~lea. Wa u~a .the r.eault.? .M, ~_. Ir -- valuers lurvey to ensure that wi h~l e~rect b(wndesrlal eno names lot mi prasantatlO~ Itl c~lnlTJl led sample surveys. W~rth your help led ct)ooetaflon, we cie mlIfltatn up.to-dltl race(all needed to tabulatl ItltlltlcJI data for Iocll Still. You ely have been Invited to pMt~lpete in othe~ Cereus Z000 g.e~raphlc p.~rama: Otatlnct gaegrai~le pro~rem dieloned to Mlow ¥o.u the epp~tunlty.to iwovloe mpvt l.?. 2000 fO~ your jur. lacUctlon. A!though w~.h.?p? you n?~'_ e_!h__e.~_m_e.i.n~.r~eg~,~ut~,ee,~P~,nrtvlcl~lat: The anclo~ad ~rvey F(xm[al 8A$-2 (end BAS-2A) ahovv~ the In~ocmet~on we .hev_~_ about Ih~e Incorp~atld. pllcll vv~thtn your county IIx)rough} M rel~fled In .l~.'evtoua Boundary end Annexetlon 5urvwI. mean rev~v the lnfMn~tlon for Kcurlcy and com~elaneaa. If I.h.e ~rm(a.) d?a not tow the li~uaticm l~ It existed o~ January 1, 1~?, plasee I~vlde the Inf(xmatlon requMte<! in uul~tlon ;~. We era enclosing a coml~ter-ganeritad map(a) of your county (borough) that ahovel the court, ay (.boroug.h) boundaHM rape(ted to ua in the I~t lurvey Including IfW lUblequenl corrKtJof~l. PlIIII r(wllw the emote county -- ' I ltKII leal4 fI~11[ I~l L'o(recq[ Dgb'~g4~lli ~m uiw me~nw~ v-,,,V {~X)~O h} bQUI~MIII il they txtlteC, On JIIlUIW , ' P A thl e~oltd penc/I led ihow 1~1 teloon for the chinas o~ fbi inclosed Formll) BA$-2 (~ BAS-2 ). . compile tho oerlJflcotlofl ,tatemeflt ahovv'n I? ..lbo ml.~gJn .Of tho.~.ep!a} end ~ tho tMrltoty that extendl btyond ~a c~v'efeOa m me enmMeo mepqoL IxeMe wTne m zote~)nQn, m, ~..m~.m ~m,,,,u., tho Iddrill o~ telephone number Ih(We below. e,.. rmr c,,Jn,d ,nd w*, "t r, * return e~veioge for ur co~..w, fl~n~J. Your I~'Ompt t~ll)onie ell~ efllur# w~ p~mn~e ~H~in y~r co~W (~toughL We w~ld ~lte rKi~vl~ your ~y ~ln fl~ loner. Wi isffmeta lhil I~ will ~to mMl rM~n~n~ fr~ ~ ~ 2 I~ h~r~l~ ~mpl~ ~ t~ 8v~e time, ~M I~f~M dee to r~d tho Inl~U~i~l, lMemoll ~r~l, Mg~niz If y~ n~ h~p wl~ ~ie t~u~L ~om write m t~e~one our mff it ~e idem ~1~. ~lnk ~ f~ ~u, c~tltl~ In thll Im~t~nt =uww. ~e ~u= ~rNu M gret~ul lo y~ fM Y~ h~p. ~ncM~. Merth'e Firn~v~lh Rlche Encloeu~ pMMi wrN~ M t~ "°' / MAY 0 6 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A LEASE R, EEMENT BETWEEN COLLIER COUNTY AND NORTtl NAPLES FIRE CONTROL AND RF$CUE ISTRICF FOR UTILIZ~ATION OF AN OFFICE AT THE COLLIER COUHTY DEVELOPMENT ~,ERVICES BUILDING AND EXECUTE A RESOLUTION REGARDING SAME. O~: Reeommcndation that thc Board of Coumy Commissioners approv~ a Lea~ Agreement ~6th North Naples Fin: Control and Rcscuc District for thc utilization ora nine foot (9') by thirteen foo~ (13') offic~ located within th~ Colliex County Dcx~:lopment Services building at 21100 North Horseshoe Drive, Naples, Florida, Resolution regarding ~amc. CONSIDERATION: On January ?, t997, thc Board of County Commission~r~ approved an interloe~ with tl~ inde~ndcnt Fire Districts to shift Fin: Plan R~vimv Scrvices to tl~ North N~ples Fire Control ~md District from the Building Rcvicw and Pcm~itting Departm~mt. This Agreement coob~ined acb, us~ that tl~ Fire Cod~ Official would b~ housed in th~ County's Dcvclopment Scrv:ices Building. Th~ initial term of the Lease Agreement shall be for three (3))~:ars x~'ilh three (3) automatic thm~ (3) year ~ls. The &nnual r~nt shall be one thousand four hundred and four dollars and no cents ($1.404.00) and shall be payable in monthly installments. This anmunt will contribute to thc co,ts associated with tl~ ~ml us~ ofth~ offic~ such as, but no~ limited to, lighting, photocopying and related o~ce expenses. Both Collier Count)' and North Naples Fire Control and Rescue District have the right to tcm~inate this Agreement xx~th or without cause by providing the other part)' xx~th thirty (30) days written notice. F...[~I- lMPA(TF: The annual rent shall be dcpositcd into account #113-138900. in the E.xeeutiv~ Summary approved on January 7, 1997, the fiscal impact contained an estimated r~enuc of $1,404.00 per month. This estimate O tsho~ld haw been $1,404.00 per )'ear. This figure is based on $12.00 per square foot, which is th~ current r~te to o~her dzpartmm~ts !n thc Development Services Building. ~GEMENT: None RECOMME1NDATION.: That thc Board of County Cornmissi~ appm~ ~ ~ Ag~t ~ Rc~u~ ~a~ing ~me with North Naples Fire Control and Rescue Distric~ and aut~ i~s C~i~ to ~tc ~ d~um~. PREPARED B ~~ ~' ., ~ ..... ~'~_~ .... y , · ~/.' DATE'~ ~ ~' ~ ~ Michael H. Do~ylin~R~~y S~ist, K~I ~y ~gem~x ~t RENEWED BY: ........... ': ' ~ P~: Buildin~ Di~t0r, ffuildi~g [te~, aM P~i~ing V~ccnt A. Cautero, Administrator, Community ~l~t ~ ~r~ ~ Division 0 6 FJ<3? } P~...-.-.L---- ~,1 LEASE AGREE~ENT THIS LEASE AGILEEMENT entered into this . day of . 1999. bct,~een North Naples Fire and Control R~c'ue District, created under Chapter 61.2032. L~v.'s of Florida, and its successors, whose maillnB address is 1441 Pine Ridge Road, Naples. Florida .~410q. hereinafter referred to as 'LESSEE', and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address it 330] East Tamiami Trail, Naples. Florida 341 hereinafter referred to as "LESSOR'. WITNESSETH In consideration of the mutual covenants contained here~n, and other valuable consldcralion, Ibc parties agree as followa: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described as a nine (g) foot by thinee~ (13) fm'~t omce located at ,$00 Noah Itor~shoc Niples, Florida 34104. and as shov, n on Exhibit "A" which is attached hereto and made a ;,a.": this Lease. hereinafter called the 'Dc.raised Premises', situated in the Coumy or Colhet and State of Florida, for the sole purpose of operating, a fire code enforcement offlce ARTICLE: 'term of Lease LESSEE shall have and hold the Demised Premises for a term of three (3) }'ears. commcncln$ on .'~larch 3, 1997, and endinB March :'. 2000, hereinafter referred to as the "Initial Term". LESSEE is grar~ted the option, provided it is not in default of any of the terms of this Lease, to automatically r~new s~me for thr~e (~, three (]) year ten~s, hereinafter referred to as "Renewal Term". under the same terms and conditions, except aS tO Ibc rental amount, as provided herein LESSEE shall not provide LE.~SOR with an)' notice in order tn remain at the Demised Premises LESSOR and LESSEE reserve the right to terminate this Lease. with or v, hhout cause, by prm,'~ding written notice to the other party [hirly (.'lO) days prior to the intended termination date at the addresses set forth in Article 12 ofthls Lease Said notice shall b~ effective upon plaeemcr, i of the notice in an official depository of the United States Post OFfice, Registered or Certified Mail. Postage Prepaid LESSEE hereby covenants and agrees to pay lis annual rent for the Demised Premises the sum of one thousand four hundred and four dollars and no cents (Sh4C)4 CX3) to t',e paid in monthly installments of one hundred seventeen dollars and no cents (SI 1700) for the labial Term or this Lease, all in advance on the first day of every ealendar month durin~ the term hereof If the terms of this Lease commence or end on a day other than the first day of the month. LESSEE shall pay base rent equal to one thirtieth (I/30th) of the monthly base rent multiplied b)' numher of rental days of r, uch tractional month In the event LESSEE elects to re~nain at the Demi~a Premises follov, lng the Initial Term of this Lease, LESSOR shall advise LESSEE, in w~'itinl/. Ihirty (.~0) days prior to the expiration of the Initial Term and any Renewal Terml thereof, ol'the new rent for the ensuing Renewal Term At no time shall any increase exceed five (5) percent of any prm,lous Renewal Term "o. MAY 0 6 1997 ARTICLE a Modifications to Demised P. LLm. L~.t Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE v411 provide lo LESSOR all proposals and plans for ahcratmns. improvements, changes or additions Io the Demised Premises for LESSOR'S v.~'ittcn approval. specifying in writing the nature and extent of the dcslred alteration, improvement, change . or mddldon. ,,long whh the contemplated stanlng and completion time rot such project I.E~SOR or its dcslgnce w~ll then have sixty (60) days within which to approve or deny in writing .~aid request For changes, improvements, alterations or additions LESSOR shall not unreasonably v, ithhold consent to required or appropriate alterations, improveme, nts' changes or addzdons proposed LESSEE. [FaRcr sixty (60} days there has been no response from LESSOR or its dcsi,~nec to proposal.~ or plans, then such silence sh~ll be deemed as a denial to such request to LESSEE LESSEE covenants and agrees in connections with any maintenance, repair work. erection. constr~ction, improvement, addition or alteration or any authorized modifications, additions ur improvements to the Demised Premises, to observe and comply with all then and ~ture arphcahl, e law'~, ordinance, mits, regulations, and requirements of the United Sales of America, S:a:c Florlda. County et'Collier, and any and all governmcntal agencies All alterations, improvements and additions to ~id Demised Premises shall at once. when made or installed, be deemed as attached Io Ihe freehold and to have become properly of LESSOR Prior to the termination oFIhis Lease or any renewal ~erm thereof. ~r ',..ilhin thmy days Ihereal~er, if LESSOR so directs. LESSEE shall ~rompt!y remnvv the aJdmon..,. improvements' alterations, fixtures and installations which were placed in. on. or upon Demised Premises by LESSEE. and repair an)' damage occasioned to the Demised Premises by such removal, and in deraull ~hereoF. LESSOR may complete said removals and repairs at LESSEE'S expense LESSEE covenanls and agrees not to use. occupy, suffer or permit said Demised Prermses or an)' pan thereof to be used or occupied f'nr arty purpose contrary Io law or the ru~es or regulations oFany public authority. ARTICLE S. ,A. cc~iLLo Demised Premises LESSOR, its duly authorized agenls' representatives and employees' shall have the right after reasonable notice to LESSEE, Io enter into and upon the Demised Premises or an.,. pa~l Ihcrcof at all reasonable hours for thc purpose of examining the same and making: rcpa~r~ ,"r pro' ;~:r~g !,mhorial service therein, and for Ibc purposes of inspection for compliance ~ith the provisions of this Lease Agreement. ARTICLE 6. Assignment and Sublettln~ LESSEE covenants and agrees not Io assign this Lease or to sublet the whole or any pan the Demised Pren~ises. or lo permit any other persons to occupy same without the v, mten cease:at of LESSOR Any such assignment or subletting, even ~[h the con~m of LE~SOR. shall not relieve LESSEE from liability for pa~enl of rent or other sums herein provided or From thc obZigalion to keep and ~ ~und by the terms, condhions and co~nants o~ this L ease The acceptance of rcnl From any other ~on shall not be d.::red Io ~ a ~a;ver el' any of the pro~sions of Ihls Lease or to ~ a con~n~ to ~he assignment nF this Lea~ or subletdn8 of thc Demised Premises. ARTICLE ?. Indemnity LESSEE, in consideration of Ten Dollars (S10.00), the receipt and su~cienO' or which is hereby acknowledged, shall indemnify, del'end and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), dan.ages, claims, suits. demands, judgments, costs, interest and expenses (including, but no limited to, attorn~'s' fees and disbursements both at trial and ap~:llate levels) arising, directly or indirectly, from any injury to, or death of. any person or persons or damage to property (including loss of use ther~f') related tn (A) LESSEE'S use of the Demised Premises. (B) any work or thing whatsoever done. or condition created (other than by LESSOR, its employees, agents or conlractors) by or on behalf MAY 0 6 1997 .,?. .... . of. Lr..SSE~ in or about the Demised Premises. (C) tny condition of.the D~.mitad ~t, mitas due to or re,allieS fiom lay del'suit by LI~SSEE in the performance of'LESSEE'S oblilations unde th,s Lepta, or (D) any ice, omission or nelligence of. LESSEE or ils l~ems, contractors, employs. subtenants, licensees or inv~tees In c,Mt any iclior~ or pr_n~__'~_-~ni is brought against LESSOR by re, son or' any one ur more Ihereof. L~SSEE shall pay ~.II cost~, attorneys' fees. e-<pastas and liabilities resuhmg, therefrom lad Ih~l defend such action or proceeding if' LESSOR shall ~n request, at LESSEE'S expense, by counsel reasonably utisfacmr/to LESSOR The LESSOR shall not be lb, bls I'or an7 injury or damage to Ix'rson or property caused by the eJemems or by other persons in 1he D~mitad Premi~, or fiom the ~tre~ or sub-~rf'sce, or fi.om an7 other place, or for ~ infest'create c~utad by operations by or for a governmental · uthority in con~ruclion of ~ny public or quui.public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theR, any proper~y, occur6ng on the E)tmitad Premises or ~ny part thereof., and the LESSEE agrees to hold the LESSOR heJ'mles$ fiom any claims for d~"nages, except where such damage or injury is the resuh of' the ~ross nqJigence or willful misconduct of'the LESSOR or its employees ARTICLE I. L~a~ LESSEE shall provide and maintain general liability and property liability insurance policy(se 0, approved by Ihe Collie County Risk Mnnagement Department. for not less than three hundred :hou.'and dollars and no cents (S300.000 00) combined single limits during the term of. this Agreement In addition. LESSEE shall provide and maintain Worker's Compensati(m Insurance covenn¥ all employees meeting, Statutory Limits in compliance v4th the applicable stale and federal lav.'s The coverage shall include Employer's Liability with a mm~mum limit of' One HunZ~,.,: Thousand Dollars and No/10<) Cents (SIC~.OOO.OO) each accident Such insurance policy(ies) shall llsl Collier County as an additional insured thereon Evidence of s~ch insursnce shall be provided to the Colher Count)' Risk .~lanagemert Dcpartmem, 33ul East T3miami Trail, Administration Building. Naples, Florida, .~411". f.-r approval prior lo the commencement of' this Lease Agreement. and shall include s provision requinnl~ ten (10} days prior written notice to Collie County c/o Count} Risk Ntanlgement Department in the event of cancellation or chang, es in policT(ies) co','eral~e LESSOR reser.'es the right to reasonably smend the insurance requirements by issuance of.notice in v.n'hing, to LESSEE. whereupon receipt of' such notice LESSEE shall have thirty O0) d~ys in which to obtain such additional insurance ARTICLE g Maintena,.Dcc LESSEE shall, st its sole cost and expense, keep the Demised Premises clean at all times If' said Demised premises are sol kept clean in the opimon of.LESSOR, LESSEE'S manager v,~l'. ~e so advised in writing, If. corrective action is not taken within twenty (20) days of the receipt of such notice. LESSOR witl cause the tame to be cleaned and corrected and LESSEE sha;l assume and pay all necessary cleaning, costs ~nd such costs shall constitute additionaZ rent v.h~ch shal! paid by LESSEE within ten (CC,} days of.receipt of.written notice of.costs incurred by LESSOR The LESSEE, at its sole cost. shall repair all damsge to the Demised Premises caused b} LESSEE. its employees, agents, independent contractors, ~Jests, invitees, licensees, or patrons The LESSEE, at its sole cost. shall remove fi'om the Demised premises in accordznce v,~lh all ~,~:,t;..~, lc rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash an~ and refuse of sn.~ nature whatsoever which might accumulate and arise From Ihe c, perat~on~ of LESSEE'S business Such trash, waste and refuse shall be stored in closed containers approved thc LESSOR ARTICLE 10 Det'ault,~ Failure oFLESSEE Io comply ~'or ninety {90) dsys with any material proviston or co,,'en-nt or this Lease shall constitute e default. LESSOR ms)'. at its option, terminate th~s L case thi~)' (30) days wrillen no~ce ~o LESSEE. unless the default ~ cured ~thm 1he not.ce ~nod 3 NO. ~ MAY 0 & 19 7 ach ~dition~l time as is reasonably required to correct luch d~f'auh) How~'v~. the occurrence of' In7 o~' the follow~n3 events I~ill constitute a defluh by LESSEE. lad this Lcas~ mey be immediately terminated by LESSOR la) Abandonme-m of'D,:mi~.'d ~',,,,..'ses or dism..ontinua6on of L.ESSEE'S operation lb) F~Jsificadon of LESSEE or an ~ent orLESSEE of'sm/~ required to be Ru'nished to LESSOR pursuit to the terms ofthis Le~se lc) £ilin~ ofinmlve~y, ~tion, plan or m'anlement or bankruptcy (d) Adiudicltion u bankrupt (e) M,king ora imerg u~igmn~m ofthe benefit ofcredhors ('f) If'LESSEE muffer~ this Leue to be taken under ~ writ of'execution In the event of' the occurrence of' In7 of the t'ortloin8 def'~uhs in this ART1CLE 10. LESSOR. in addition to any other rilhts and remedies h may have, shaft hav~ the immediate mghl to re-eats' and remove all persons and propen)' from the D~n~sed Premises Such property may be removed and stored in a public v..~r~hou~ or elsewhere at the co~ of and for the account of LESSEE. all without service of'notice or resort to legal process and without bemi deemed Built', of`trespass, or bemg liable for any loss or damage which may be occasioned the'eby T~e LESSOR may, st its option, terminate this Lea~ ire' ~ecept by LESSEE of' thirty (30) days notice in v, mting ifa liefl is filed against the leasehold amc'est of the LESSEE. and not removed withm thirty (30) days. pursuant to the Florida M~chanics Lien Lay. ARTICLE I I. De~uh b~.,~ LESSOR shall m no event be char~ed with default in the per'f`or~ance of' any of, obligations hereunder unless and until LESSOR shall have tailed to Perform such within thirty (30) days (or such additional time as is reasonably required to correc~ such defau!:~ a~er notice to LESSOR bt,' LESSEE properly specifying whereto LESSOR ha~ fafle~ :~ pe.'i'.orm any such obligations ARTICLE 12 Notices A~y notme which LESSOR or LESSEE ma), be required to Stye to the othe' pan). shall be in wd',in~ :,~ the other pant" at the following addresses LESSOR LESSEE Board of`Count} Commissioners c/o Real Property Mgmt Dept 3301 Tamiam~ Tra,l East Administration Buildmll Naples, Florida 34112 cc: Or, ce of the County Attorney Community Development Administrator ARTICLE 13 Surrender of,Premises Noah Naples Fire Control and R¢~cue District 1441 Pine ~dge Road Naples, Florida 34109 Attention: Commission Chain'nan LESSEE shall remo~e any improvemenls complcled by LESSEE pno~ to the cxpiratmn {,t' this Lease and shatl deliver up and surrender to LESSOR possesston of' the Demised Premises ard any improvemems not removed upon expiration or' this Le~se, or its earlier terrmnat~on as hereto provided, broom clean and in as good condmon and repair as the ~amc sha',l commenceme't of`the le,'m of this Lease or may have been put b) LESSOR or LESSEE dungy the commuance thereof`, otCina.'~ ~ar and lear and darr~ie b)' fire or LESSEE'S control excepled AGEN~AJT[M ' MAY 0 6 lgg7 L~SSEE full), understands t~at the police and I~w enforcement ~ecur~t)' protec~oe provided ~SSO~ ~SSEE ~pres~ I~ ~ k~lC ~s ~ ~ u~ to ~n ~m ~y u~ oft~ ~i~ P~i~s ~ich w~ im~ ~th or ed~ ~ t~ ~fion or ~im~e of LESSOR~ s~ird o~tiom ~ ~he ~ti~s ~ ~m~n ficil~6es (a) ~s ~t s~6c~ly ~ ~ ~SSEE ~ Ibis ~ are ~y ~ to 1he ~SSOR. ~i~le u~ law. (c) LESSEE agrees to pay gl im~le ~sonal pm~y tax~ ~ ~y ~ im~ due ~o the crution, by Ibis Lu~. o~ a I~hold imer~1 in t~ ~mi~ P~mi~ or L~SSEE'S ~sscssion of si~d luse~ld inlac~ in the Demand Pr~i~s ^.~T]CLE I s. Ez~i:az~m~LCaara:ga LESSEE represents, ware. nfs and agrees to indemni~.', reimburse, defend and hold harmless LESSOR. from and asainst Ill Costs (including, attorn~, s' fees) asserted asa~ns~. ~mposed on or incurred by LESSOR ditecnly or indirectl.x pursuant to or in connection ~'ith the apphcatmn of any federal, stale, local or common law relatinS to pollution or protection of the environment ,,U~,TI CLE 16 In compliance with Section 404056. Florida Statutes, all panics are he'rrb.,, made aware of the followinB Radon is a naturally occurring r~dioactive Sas that. when it has accumulated in a build~n~ in su~ciem quant~t~es, ma,, present health risks IO persons who are exposed lo ii over t~me Le,,tls of radon that e,.ceed 'federal ~xt ~ate guldelints have beta found m buildings m Flor,da Additional information rcgardin~ radon and radon testinli ma.',' be obtained fi.om your count.~ public ;,¢.,~tn unit ARTICLE 17 General Provisions LESSOR fully understand,, that the police and law enforcement security protection provided b) lay, enforcement agencies to the Dem,sed Premises is limited to that provided to an~ other business or agency situated in Collier Count.~. and LESSOR acknowledges that a,ny spec,;/. security measures deemed necessa~' for additional protection of the Demised Premises sha~! ~e the sole responsibility and cost of LESSOR and shall involve no cost or expense to LESSEE ARTICLE !8 F. xtent of Liens All persons to whom these presents may come are put upon notice of' the fact lha~ t~,e interest of the LESSOR in the Demised Premises shall not be subject to liens for imprm, emer~s made b) the LESSEE. and liens for improvements made by the LESSEE are prohibi/ed from it~iching Io or ~coming a lien on thc interesl of Ihe LESSOR m :he Dem~e~ Premiss or any p~n oreilher Thi~ notice is given put.ant to the pro~sions of and in comphance ~th S~tion ?13 10, FIo~da Statutes. Thi~ Le~e ~all btcome etTec~iv~ upon execution V/both L[SSOR and LESSEE Thi~ Lfl~e hll be loven~ad ~ co.trued in ~.cord~n¢e 'with the laws of' th~ S~ate or' IN WI'I'NESS WHEREOF, ~ parties hereto have Im'tunde~ ses forth ~heir h~nds exl re.als AS TO TI~ LESSOR: DATF. D: ATT[ST: BOARD OF COUNTY CO.%L'MI SSIO.~"ERS DWIGHT £. BROCK. Cle'k COLLIER COUNTY. FLORJ'DA , Del:~uty Clerk BY: TIMOTHY L HANCOCK. Chairman NORTT[ NAPLES ]rllLE CONTROL ANT., RESCLrE DISTRICT ED MAOL)IR~,,~mmi$$ion Chairman Approved as to form and ]e~aJ suf~cienc~' Heidi F Ash~on ~sistm~ County A~torney MAY 0 6 1997 ~ p I 2 3 4 '7 9 ~0 ~4 ~? ~9 20 2~ 22 23 2~ 27 28 29 31 3§ 37 39 40 4~ <4 ¢? 48 .52 RESOLUTION RESOLUTION OF THT. IOARD OF COUNTY COMMISSIONERS, COLLIER COL~I~TY, FLORIDA, APPROVING THE LEASE AGREEMENT WITH NORTH NAPLES FIRE CONTROL AND RESCL'E DISTRICT FOR USE OF A~ oIrF1cE WITHIN THE DEVELOPMENT SERVICES BUILDIf'IG FOR THE OPERATION OF A FIRE CODE ENFORCEMENT OFFICE. 9FEI£REA, S, North N~ok~ Fin C~ taxi Re~cue ~ cmued ~ C~ 61.2032. Law Rorida. hcrenaRct r~mad to u "Dm~ct', d~air~ to k~e · n~e (9} Ioe~ by ~n~'~ (13) Exx offlc~ C.'au~ty, ~ political lubdnqsio~ of' Ihe State of' Florida, hemnafl~t r~-fl.,ned to u "Count)'". for u~ u · WHEREAS, the ~ Ajram',em ("L~m") letm d~ll b~ fu ~r~e (3) ye·n. ~ ~ree (3) automat,c rmewals of I~ree (3) yeah each The Leaae prwides fo~ the Ceunty end t~e Drone1 Io torm~nate I.~ Lea~e. or without cause, by ptovHmt II~: ~ ~ with · I.~in~/ (30) day ~,'rtt~ m:~ce Io ~ addrt~'~ prOVld~l in I1~ ~ WHERKAS, ~e Board of Co~'~. Coe~issimers ts sa~is~d that this propcr~)' Di~nc'.'c u.'~ .'md is ne< needed for Count. puqxms; NOW, THEREFORE, BE IT RESOLVED BY ~ BOAILD OF COUNTY CO~,tUISSIO~ERS OF COLLIER COL~"I'Y. FLORIDA~ t~at: l. The Board of Count).' Comnuss~OlWr: do~ approv~ the attacJ~x:l ~ Aj, rtetr~-m Ixm~ct~ Coil:ct County, a poh~icad sulxl~mce of the Stale of Florida. and North lNaple~ F~rt Co~rol and Rc~:ue Drama. ~ created un~:r Chaptcr 61.2032, Law% of Florida 2. T~ Clxa~rman of thc Board of Count)' Cornmimomrl o1' Collier Co~n~, Flonda. ~s hercb.~ nuthonzed lo cxecutc thc art~chod ~ Agr~qllcnt This Rc~olution adopted thi~ ~ second ~ majont)' vole DASD D~G~ E. BR~ CI~ ,l~ub'Clcrk da), of . 1~97 ,,Ret 1~3~10~1. BOARD OF CO1..rN'1~ COM,kflSSIO,~ERS COLLIER COUNTY, FLORJDA BY: '1'1MOTleY L HANCOCK. Cha~rmJn Approved ~ to form and le~l Hc~c~ F. ~.shion As$1~:a~l! COUnt/. Artomc} MAY 0 6 1997 RICC~MII~iDATIO~ OF A ~ LIMIT CHJ~ TO CK~K.'H EOJLO IN CONK)NMANC~ ~ BOAED AC11ON ON 8/G/~)6 AND/r~ItOLU11ON el-~40 ALLOWl#~ ~ADWAY SPEED I,WllT RIDUCTIOI'CS TO 1'~ ~ MILES Pl~ HO~ (25 OilJ~ Notification to the Board of Commissioners of the recommended Speed Limit change from 30 MPH tO 25 M~t on the above listed roactway. CON$1OIJtATIONS: In conformance with direction from tile Board of Commissioners, thls Department has anarfzed roaclway conditions 011 Creecfl Road. Based on the findings of this Departrnent, It has been determ, lned that lowering the speed limit to 25 MPH will be In conformance to Resolution 9~;M0 and In the best Interests of the reslclenl~ riving on these roadways. BeCab~e Creech Road has shared maintenance responsibilities t)y both the county and the City, Dick Gattl, Clt¥ Engineer was contacted on 4/21/97 as to the procedure for recluclng the spe~cl limit. He Indlcatecl that the CIty Council did not need to approve this change and that the county should take the Initiative and reduce the speed limit as requested with this executive summary. FISCAL IMPACT: Approximately 2 speect limit signs will be changed at a cost of S4.0O each plus labor. These changes an; completed during routine work within the area and labor cost~ are minimal. Money Is currently budgeted In the Tr'~lffic Operations Budget; Fund 101. C~OWTH MANAGII~II~NT I~aPACT: N/A EECOMMIHDATION~: That the Board of Commissioners accept this notification and direct this DePartmer~t to Implement slgnlng changes per Resolution 96-540. ~EVIEWEO BY:~ "-'- N DIRECTO-~- D~I~ I='. BOI~ANICK, INTERIM FRANSI'JORTATIO REVIEWED P-~BLIC WORKS ADI',I~'Nr~TR~TOR " 'RAYMOND W.' MILL'ER, P.E., iNTERIM ATTACHI~ENT NO. 'i TRANSPORTATION ,~.~RVIC~ Dr~ARTMENT TRARRC OPI~'tlONS SK/ION ItOADW&Y ANAI. YM ~ ~ ilIDUCTK~ Roaclway Insps~ztlon for the Durl~os~ Of evaluation mClU~mments for local road sDeea reduction fi'om $0 mph to 25 mph per resolu'don ~6- S40. IK)ADWAY: C~lKh I~ IVALUATK~N EtA;~IS: Apl'Si 7, 1. LOCal Residential Street 2. Road Width (lets titan 24 FTJ 3, Right-Of-way Cross-SecUon [Set Backs) 4. Sidewalks or Bike Faclliti~.~s 5. Road Lengtl~ (LGnger Chg~n ~A mile) 6. Sight Distance [250 FU 7. Soeclal GeomflCrlcs 8. Exl~ing T~fflc Volu~qe 9. T~fflc C~ra~eH~Ics ffhru Movemen~ CiJ:-~rd Movement) lO. Peclestrlan/~lKe ACtiVitY 11. Exiling Signing and MarXlngs '1623 2~ I~r~oun:L_ Y~ 30 MPH A~l~onal Flndtn~l~ end R~.z~mmer, d~,tlona: Petttlon was receiver] from residents under me NTMP slung excessive sl~eed, volume, c~1: ~'l~Pd tTaffic c~Jsreg~rd for ~toP signs and ~rucK t~afflc. Date Scheduled for BCC Agenda: Date o1: BCC ADDrovaI: Date ot: S.O. Notlflc~tlon: D~te of InStallaUon: EXECUTIVE SUMMARY EXECUTE AN ACCESS EASEMENT APPURT'ENANT FOR A LOT LOCATED IN SECTION 4~ TOWNSHIP $1 SOUTH, RAHGE 26 EAST, A/K/A THE C-4 CANAL, PRICE STREET OUTFALL ~ That the Board of County Commissionem approve an Access Easement Appurtenant to Mr. & Mrs. Dean Webb granting acc. ell to the property owned by Collier County on behalf of tl~e Stom~wat.sr Management Department. ~¢.~11,~.]~~ Mr. & Mrs. Webb requested access across an area owned in fee simple by Collier County in order to access Mr. & Mrs. Wel3b's property. The property in which acc__ess is being requested is owned by Collier County and is adjacent to tl~ property owned by Mr. & Mrs. Webb. A~l Access Easement Appurtenant, which is k~ttached, provides access as requested. The document states that Collier County has the right to cancel the easement ~f Mr. & Mrs. Webb, their heirs, successors and assigns, obstructs the Stormwater Management Department rr~intenance vehicles or equipment from acce.~sing the property or does not obtain approval in writing for improvements to the property. If the situation is not rectified, Collier County may record a Cancellation oi= Access Easement Appurtenant in the Official Records Book of Collier County, Florida, after ninety (90) c~eys notification to Mr. & Mrs. Webb, their heirs, successors ~ assigns, The Access Easement Appurter~ant is attached and has been reviewed and approved by the Office of the County Attorney and the Webb's legal representative. I~SC/t,L IMPA._C..T_;. The easemer~t will be recorded by Collier County which will cost $14.50 from Account Number 001-172910-649030. GROWTH MANAGEIV!ENT IMPACT; None. RECOM_MENDATI.(;)N; That the Board of County Commissioners approve and authorize the following: (1) the Chairman of the Board of County Commissioners execute the Access Easement Appurtenant; and (2) direct staff to record Access Easement Appurtenant necessary to conclude this transection. Property Supervisor Real Property Management Department REVIEWED BY: jOhn B~t, PE & PSM, Director Stormwater Management Department ~ayrr~nd W. I~.,liller, P.E. Interim Public Works Division Administrator DATE: DATE: DATE: ~/~? ._ ! Price Street Wabb COPY ACCE$8 EASEMENT APPURTENANT WHEREAS, in January. 1 ~0, Dean Webb and Tonya Rea Webb, Hu~:~nd e~ Wife. ~ ~ ~s~ im 1152 F~s A~, Ma~ IIla~, F~ ~145 ~1 TemPi Tail East, N~le~, F~da 34112 (~min~ mf~ to a~ "~); 1~, in ~ ~al R~s B~ 1533, Pa~ 370, Collier C~, F~i~; ~EREAS ~ ~y retained by t~ Grantor is I~t~ ~ Io t~ G~nt~'s ~y; ~ER~S ~ ~s ~n dete~i~d that, for ~oses of e~ss to t~ir pr~y, ~ r~ires ~ use ~ t~ ~o~y fo; e~esa des~i~ in E~ibit "A", affa~ ~eto ~ ~ a ~ ~. retained by Grant~, and the Grantor agr~s that t~ ~ll (or ~~, al ~t~ ~1~) I~ld ~ grant~. This ease~nt shall ~ ~enant to, ~ ~ ~ ~ ~ ~s~i~d In E~iblt "B". NOW, ~EREFORE, Grantor ~reby grants to Grante~, t~ir ~ir=, s~s~ and all~l, a dght ~ ~ls a~la t~ pr(~y deified in Exhibit "A". Su~ to t~ ~iti~ t~t Granlee, their heirs, ;u~ssors and assigns: 1) Shall not ~uae any paving on the pro~; and 2) S~II ~ta~ by ~il the Dire~ of t~ Sto~ler Ma~e~nt Depa~nt, at ~ ~ret= ~t~ a~ve f~ Collier C~ty, a~ a~ise the Di~ of any ~an= to Im~ove ~ ~a ~ ~ ~y, s~ as m~ng the grass an~ ~ovidi~ a I1~ base to the ~inten~ ~th, ~i~ to ~mencing any improve~nt ~ the ~ ~ Di~ shall ~n g~ his ap~oval ~ ~p~oval fca ta~ by mail v~hin nifty (~) days to the ~e. E t~ Dir~ d~l ~ give his approval or non-approval by ~il f~ la~, t~n any ~o~ments pro. sad by the Grantee are denied. ~ Grantor hat t~ Hght to ~n~ this A~s= Easement ~enant E Gmnt~ ~s ~ St~ter Management maintenan~ vehicles m equi~nt f~ a~ssing ~ ~ or d~s ~t obtain approval in ~witing for improvements lo t~ ~y. Grantor ~all mail a ~ti~ to ~e Grantee stating that the A~es= Ease~nt ~p~enant ~11 ~ ~n~led ~thln ninety (~) days by m~rding a Can~llation ~ A~ss Ease~nt ~enanl in the Official R~rds B~k ~ Collier County, Florida, HAY n B 1997 Acce~I Easement Appurt~nt D#n Webb Ind To~yI R# Wabb COPY IN WITNESS WHEREOF, the said Grantor has cau~4~d thale pms~"4s Io ~ e~ed ~ B~, ~ day I~ ~ ~id. DATED: ATI'EST: DWlGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BF. By: Deputy Clerk Timothy L. Hancock~ Chairman Prepared by: 24? No, Ih CoYOte= Sou[eva~d Suite 202 P. O. Box 2056 Marco ~sl&nd, Florida 34146-2056 MAY n 6 1997 ,,.? o.. oo WIL. JON "MII. LII=I · JAP, tON * BCiL. L, & PEIIK~ INC. '~21''~ &mOAT. ~.~./~3 :7. . : fropo,ed (~arc~l 1, All thlt part of Section i, ?ovnehip ~l South, ~an~e 26 Zest, Collier County, Florid&, being moro pirticulirly described as follovs$ Commencinl it the lOUthilst corner of tho vest ill o[ the southeast i/& of the northeast l/i o! the northeest 1/4 of ilid Section &i thence iisiI the loath line of the norCholi~ l/& of tho norJhOllt l/& South 19'-19'-~6" Vest 163.72 Jeer to the seethe&it corner o! thrt perceX described item "A" o! £xhiblt "A" In O,R. look 1096, pule 1673, ~bltc ~ecords o[ County, rlor~dl e~d the ?0lhrr or ~£ClI~INC st ?creel l, herein described~ thence continue along slid line South 89'-19'056' Volt 1~6.01 thence leivlnl slid line North II*-C~'-C?" Ealt 20&.30 feet to a point si the veeterly Xinu of the iisi 120.O0 flit of chat parcel described il ite~ °'i" Exhibit "i" in 0.~. gook 1096, psis 1S?3~ fublic ~ocordl'ot Collier County, Tlorldal thence &Ions laid line North 0*-~8'005" East ii&,90 Jest to the south line Price Street es recorded in O.R. ?15, pile 1816! thence mlong said line ~orth 89'-&3'-~0" East 120.0) feet to the essa said parcel described al item "A~ of Exhibit thence elong said line South 00-58'-0~" Vest 621.X6 ieee to the Point hsinninJl lubJoct to ecstasies and restrictions o! tlcordl contalnlnS 1.80 acres uore or bearings are holed on the north line of laid Section i being South 89°-t2'-~0'' test. ' t .., ,/~ . %4. " . '.. v~.m~, ~:~EX, s~?o~, so~ ~ .EK; "'*~"' "" ~"~. INC,. ~.~ ,.:.;~iS.. [n~/~v~rs I~d ~nd aery. ors .... ~,,~.,-- .,. Y · .."-'29" ',<" '' ~. " ~ ::? Lo: ' . ~ - :.. ' . ,. , %.~keb 4J;113 (OM,kid price st. COPY MAY n $ 1997 EXHIBIT 'B' The We~t Half (1/2) of the West Hill (1/2) of the ScxJ~elst Qumlm' (1/4) of Norlh#st Qum'ter (1/4) of the Noflhee~t Qualm' (1/4) of Section 4, Town~ 51 8outh, Range 26 East. Less the Naelh 30 feet, AND the E~t Half (1/2) of Southwest Oumtm' (114) of the I, loeth#st Qumler (1/4) of ~ No.mast Quattro' (114) of Section 4, T~2~s~hip 51 South, Ran~ 26 Ea~ exoep<Ing therefrom the West 150 feet of the North 300 feel m~d el~o excep~k't0 therlf~ the E#t 150 feet of the West 300 feet ofltm North 300 feet; m'td also subjecl to ~m Fkx'k:la. LESS AND EXCEPT that certein parcel dem=tbed in Exhibit "A" ittlct~d hereto made e pm't hereof. Subject to easements, rlstrictionli Ind reservations of record. COPY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ,~PPROVE AND ACCEI~ DRAINAGE EASEMENTS FROM THREE O) PROPERTY OWNERS LOCATED IN GUILFORD ACRES, A SUBDMSION, AS RECORDED IN PLAT BOOK 3, PAGE $9. ~,: To approve a~d accept Drainage: ~mts ~snted by three (3) Property Owners located in Guilford Acres, n subdivision, as recorded in Plat Book 3, Page 59 which would nllow Collier County thc authority to improve and main,~.in an existing stormwater drainage outfall betw~ the recorded platted subdivision knowu ss Gui!l£ord Acres and the ~~-d Enchanting Ac~s MObile Home Subdivision. CONSIDERATION: Numerous complaints from the local residents of the Guilford Acr~ ar~a have becn received by the Collier County Stormwater Managcmenl. Dcpartmem rcg~trding flooding within their subdivision. There is an exit,ting 10' foo! dr~drtage ouffall which was dedica~l to Collier County through Plat Book 3, Page 59 on January 15, 1957. Stormw~er Maaagemout'~ Staff has detea-mined that the present drainage outfall is inadequate to accept the stormwater draiuage without the congauous gu'cat of flooding. Staff has negotiated with three (3) pr~:~'ty owners to obtain thc required drainage easements to allow Collier County to improve the exis~g drainage m~d maintain hereafter to asaur~ the drainage ouifall ia free of debris ~d that prop~ drainage is occurring;. Staff has rcccivcd ~ (3) Drai~tge E ~ascment$ by donation, (see attached). To ensure that Collier Cotmty's interest is prou~ed, the executed Drainage ~enta have bern reviewed and approvcd by the CounW A~tomey's Office and the Stormwater Management Department. FISCAL IMPACT: 649030. Recordinl] costa will be 585.00 and will be paid from account 001-172910- GROWTH MANAGE~~.A.~A None. liRCOMMRNDATION: That thc Board of County Commissioners: (1) Approve and ~cc~t the donated ~le F~men~s gnmted by Elizabeth A. Spre~h~ tTk/a Eli~ A. $ohnson, Maydcll V. DesRocher, s~t Michael E. Sentz and Linds K. Sentz; (2) Authorize the Chairman to execute any docurmmts rclated to this project to ck~ar title. (3) Authorize StsiT to r~ord the eas~rn~ts and appropriate documents to clear title in thc Public Records of Collie' County, Florida. Wllma Iver~on, Senior Proper~ Specialist Real Property Management Department ]ohn{~oldt, P.E., P.S.M, Director Stormwater Management Department ,~PRO'~ED BY: _ ~',~(~'~' ~ ~ ~' ' Raymond W. Miller, P.E. Interim Public Works Administrator -? MAY fl 6 1997 Project: Guilford Aorta Drain, lc Lot 15 DI~AGE EASEMENT Michael Edward Sentz and Linda K. Sentz, husl:~ad and wifa, whose mailin[ addrtss is 332.' G~ilford Court. Napl~. Florida 34112 ss Grantor. and Collier CountT. n ~liticsl subdivision of the State of Florida, havin[ a mailing nddrus of 3301 E&sl Tamisml Trail, Naples. Florida ~4112. its ng~.ssors ~d usi~.a, u Grantee. (Wherever used her~in tl~ terms "Grantor' and 'Gramee' include all the pa~ies to this i~t ami their rtspeetivt heirs, legal rapru~nta~lvu, successors and asstlm.) WITNESSETH: Orzntor. for and in consideration ofTEN DOLLARS (Sl0.00) and other valuable consideration paid by the Grantee, th,e r~ccipt ~,d su~ciency of which is hereby acknowledged, h~-~by conveyg grants. b~rgains a~d sells unto the Grantee, a peq~,mal, non-exclusive, lice~4~, stol privilege to ente~ upon and to imtsll and msintsin dmir~ge and utility f~:ilities on the followinG descrilx'd ~ located in Collier County. Florid.g to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, a~l r~-rvations of r~ord. TO HAVE AND TO HOLD the same unto the Grantee tostlher ~i~h the dSM to enter upon said I~nd. place, excavate, ~ rtmove materials for the purpose of cons'tz~'tinl, oper~ng, atxl mtintaining drainage and utility facilities therton. Grantor ami Grantee a~ us~'d for singul~' or plural, ~ the centex~ rtquirts. IN WITI,,~..SS WHEREOF, the. Grantor has cau~ these pr~'n~ to be executed tl~ date and yta,r tim above w'dncn. witness (Sisr~'tu~) ('Print Name) (Print Name) Witness (Pi'in ' ~' Mich~¢] E~ward Sentz Linda K. Sentz Pase 2 D~ir~.gc F.~sem~nt STATE OF ~ cou~rr~ o~ j_' ~ ~_ ~ The foregoing Dr&inage Eucmem wu acknowlecl~d before me this -/.L- day of ,/Vo"~/. 19..,~by Michael Edward Se~tz, who ia peru:really know~ to me or who has ixvduct~ (Af1'Lx Notarial Seal) (P~nt Name ~r lqo~ry Con'u'nission No. ~C. '"~L,O~, I MX Comznissio~ co~ o~ ~ The foregoing Drainage Easement wss acknowledged before me this _L~=. day of f~O. 19~_.~ by Lind~ K. Sentz, who is personally known to me or who has .L~_,~ .~'~,t,~',. ss identification. (A~x Notarial Sell) BLOCK "ENCHANTING ACRES* EXISTING 10' DRAINAGE EASEMENT DRAINAGE F..ASEM£N T THE NORTH 70' OF LOT 15 'GUILFC~D ACRES" 37.00' LOT 14 BLOCK 'A' REMAINDER OF LOT I$ N THE SOUTH .5 FEET OF THE NORTH 15 FEET OF THE FOLLOWING DESCRIPTION: THE NORTH ?0 FEET OF' LOT 15, BLOCK A, GUILFORD ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3. PAGE 59, OF PUBLIC RECORDS COLLIER COUNTY, FLORIDA IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST. · I~ CI::RT. NO. ~,~4 SKETCH OF DESCRIPTION FOR COLLIER COUNTY. THIS IS NOT A SURVE~ r~L ...' CU'LrOeD Project: Guilford Acres Lot 16& 17 DRAINAG£ EASEMENT £1iz.~bcth A. Sprechct, an unmsmod woman, f2,d· £1iz~beth A. Johnson, whose mailing ~ is 332S Guilford Court, H~ples, Florida 34112 ss Grantor, ~nd Coltier Countp, · political s~lxlis4sic,.~ o1' the State of Florida, h·vinB · m·ilinll address of 3301 £sst T~mi~ni Trail, N~ples, Florida ~¢112, ~ successors and assigns, ss Grzntee. (Wherever used hen:in the lerrns "C. tantor" and "Grantee" include all the parties to this instn=nmt and their t~-spective heirs, legal representatives, successors and assigns.) WITNESSETH: Gr,ntor, for ancl in consideration oFTEN DOLLARS ($10.00) and other valuable consideration p~id by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conv~ys, Itants, bug·ins and sells unto thc Grantee, a perpetual, non-exclusive, license, ~ pri,Alege to enter upon and to ir~tall sad m,lnt~in drainage and utilit), facilities on the follov,4ng described lands located in Collier County, Florida, to wit: Set allsched Exhibit "A" which is incorporated herein by r~fer~nce. Subject to ea.sem~ms, restrictions, and r~scrvations of record. TO HAVE AND TO HOLD the s~rne unto the Gr~mee together ~ith the fight to enter upon s~id land, place, excavate, and r~move materi,,ls for the purpose of cons~'uctin~, oper~finj, snd maintaining drainage ~d utility facilities thereon. Grantor sad Gntmee ar~ used for sin~ulaz or plural, ~ the context r~cluires. [N W'ITN~SS W}tEREOF, the Grantor has caused these presents to be executed the date and ye~ firsl above wri~t¢'n. ~li:~eth A. Sprechel(, f, gJa £1iz~b~th A. Joh~J'son ~ D~inal~e E~scmcm STATE OF ~ COUN'n' 19.~.. by Elizabeth Azm Spreche~, an unmarried woman, I;qc/a Elizabe~ A. Joi~n who is personllly ~ Io me or who has produced /~'~.O~'nct~///,e4~,,.' _ as idemific~fion. ~rint Name of Not~ry Public)_ Commission No. ~ ~/~" ~ '?',~ ~' My Commission £xpirts: ~ -,~ ?- ~ ? z~ SCAt,.[: 1' =, 4.0' ' EhICHAI'( ,'lNG ACRES' Ex)s~o '~" DRA',N ~GE E ASEU.",' II LOT 15 BLOCK *A' ?0.00' LOT 16 'G~:L.FOR3 ACRES' 70, ec cc,' ';'~E NORTH 80' Or LOT 17 ' G,Ji;,..r'OR D ACRES' 8~0C' REMAINDER OF LOT 16 10.00' ADDITIONAL 5' DRAINAGE £ASEMENT REMAINDER Or LOT 17 LOT 18 BLOCK 'A' DESCRIPTION THE SOUTH .5 I~ET OF THE NORTH 15 FEET OF' THE FOLLOY, qNG DESCRIPTION: THE NORTH 70 F'~ET OF LOT 16 AND THE NORT1H 80 FEET OF LOT 17, BLOCK A, CUILFORD ACRES, ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 59, PUBLIC RECORDS OF COL.LJER COUNTY, FLORIDA IN SECTION 13, TO%%~SH',P 50 SOUl')-(. RANGE 2.5 EAST. SKETCH OF DESCRIPTION FOR COLLIER COUNTY l"H:S IS NOT A ~l,~IlI~ WILKISON & III~IIImllJ A $ S Qc I A T E S ~ ~ inc. ~ CONSULTING ENGINEERS MD SURVEYORS 350{, EXCelAN(SI: AV~. NAp~r$. F3,.A. 33942 (~) ~43-2~ FAX NO. (~41) 643-5173 Project: Guilford Acres Drainal~e Lot I g DRAINAGE EASEMEN'r Maydell V. Des Rocher, a single woman, whose mailing address is 3307 (~uilford Road. Naples. Florida 34112 as Grantor, and Collier County, a political subdivision of the Stste of Florida. having a mailing address of 3301 East Ta.rniatni Tra. il, Naples, Florida 34112, ils successors and ~signs, as Grantee. (Wherever used herein the terrns "Grantor" and "Grantee" include all the p~u-~ies to O~s instn, u'nent and their respective heirs, legal represenlat~ves, successors and assigns.) WITNESSETH: Grantor, for and in consideration ofTEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and su~ciency of which is hereby acknowledged, hereby conveys, Drams. bm'l~ains and sells unto the Grantee, a perpetual, non.exclusive, license, and privilege to enter upon and to install and m,,intain cL'"ainagc ~d utility facilities on thc following described lands located m Collier County. Florida. lO See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the satne unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the pu~osc of constructing, operating, and maintaining drainage and utility facilities thereon. Grantor and Grantee ate used for singular or plural. as the contexl requires. IN W']TNESS WHEREOF, the Grantor h~ caused these presents to be executed the date and (Print. Name) Wi!ne~,s (Sign~.,tu r e) · ('Print Name) M a~,d ~ [~Se~'-R~her- .... Pa~¢ 2 D~inage E~semen[ STAT£ OF' cobgqTY OF The foregoing Drainage Esscm~nt wu acknowledged b~fore me this~' day of ~. . 19~ by Maydell V. ~s R~h~, a single woman who is penona~ly ~o~ -t~mc ot ~ho h~ p~uc~ ~ u id~tificadon. (Sira~re of~ot~ P~c) ~ (Pdnt N~e of Not~ Public) Co~ission No. CC~~ , My Co~ission Expires:~~ Pre~are~ bT: ,I t "ENCHANTINI3 AC~ES' DRAINAGE EASEMENT $ 89'~1"10' E - ADDITIONAL 5' DRAINAGE EASEMENT THE NORTH 155' OF LOT 1 B "GUILFORD ACRES" N 8g'51'I0' W 137.49' REMAINDER OF LOT 18 LOT 17 BLOCK SCALE: 1' "" ~.0' THE SOUTH 5 FEET OF THE NORTH 15 FEET OF THE FOLLOWING DESCRIPTION: THE NORTH 155 FEET OF LOT 18. BLOCK A. GUILFORD ACRES ACCORDING TO THE PLAT THEREOF', AS RECORDED IN PLAT BOOK 3, PAGE 59, COLLIER COUNTY, FLORIDA IN SECTION 13, TOWNSHIP 50 SOUTH. RANGE 25 EAST. pI~[PA~£O e~. ~ C[I~?. NO. 5194 SKETCH OF DESCRIPTION FOR COLLIER COUNTY. THIS IS NOT A SURV~ RL[: []U1U~O~D. [_WILKISO N & ASSOCIATES 35¢~ [XC;~ANt~'[ A~. NAPLES, ~. 33942 (e41) 64~2~ r~ NO. (g41) 643-5173 1 ~ 137~4~L-1 EXECUTIV~ SLrMMARY KECOMMENDATION THAT ~ BOARD OF COUNTY COMI~ISSIONERS API:~OVE CIt.A~GES TO THE 199'/WASTE ~ GRAHT BUDGET AND APPROVE ALL APPROPRIATE BUDGET ~ TohavetheBoantofCountyCommission~rsappwve¢l~n~t°~he 1997 Waste Tire Grtm Bud~ ~d appr~ all al~m~t~ bud~ amendments. ~ONSIDERATION: ~ Board of Com3i~ Comngssione~ approv~ purchase of sports turf playground mate~inl for the Golden Crate Community ~ Playground on February 11, 1997, authorizing a change in the original expenditure plim tnc~uded in ibc grant aCCClX,Zz~c br~sht to thc Board on September 17, 1996 item 16B(12). It was pointed out in the executive sununary for ~ purchase of the sport turf thai the Tire Grant does not r~luire pre4pproval of speci~c cxpcndimrcs, i~stcad pr~'~ding an outline of ~=s~e tire related expcndilurc categories including p~zrclxase of pnxiucts mack from ~-dsle tires. The c~ormnit)' to provide ~hion~d playground surface w&t determined to be a n~re ber~fichl use than Che ~raffic sign weed mats previously proposed. TI~cre is an opponunily to install additionul pisygnmnd material ~s upgradc~ to exisgng parks, therefore, a revis~l expenditure plan is proposed The origiaal Tire Gram expcndit~re r~ommcn~ltion pre~nted to the Board on September 17, 1996 was as follows: A.l~OVlnt Item $ 55,000 Track $ 25.000 Weed Mats $ 20,000 Other Projecls $ l.l. jj_-/_ Tire Disposal $111,117 Total A revised ~econunendation is pro~4ded h-.re: Amount $11.117 $ 40,0~0 $111.117 Item For w~s',e tire dispo~l Spon Turf Inslalhtion npprcr,~.xl Feb. 11, 1997 Addit/onal Sport Turf installation Total Thc proposed purchase of a specialized truck equipped with a hydraulic arm for clean up of illepl sites has been rescheduled. This will be submitted as an exp~nded se,~ice request in tl~ FY 97/9~ budget procc~ in ordcr to allow for _a,~-q_~uatc c~luation of adding this vehicle to the Road ~d Bridge Ficc~ ~ $111.117.00 will be ~v~d into ~count 472-173423. GROWTtl MANAGEMtlNT I[IViPA~ Consistent with plan. 1997 ]iECOMM~NDATION: Tldt ~ Doerd of Coun~ Commissiom~ sj~vve clmuffs Io d~e 199'7 W~f~e 5/- ~ ~-97 l~ymond W. Mille~ P.E. Interim Admi~ P~bli¢ Works Divi. lio~ 1997 EXECUTIVE SUMMARY REQUEST FOR: AUTHORIZATION TO ACQU'IP.E A PARCEL OF RIGHT-OF-WAY FOR NAPLES BOULEVARD (F/K/A EDGEWOOD DRIVE); APPROVAL OF BUDGET AMEND~ TO FUND THE RIGHT-OF-WAY PURCHASE; AN'D ACCEPT~ OF THE RIGHT-OF-WAY FOR THE PURPOSE OF RECORDING SAME IN THE PUBLIC RECORDS. To s~cur~ a "missing" parce:l of right-of-way on a segm~mt of the County's mad '.0 ~EILI~III~: The attached drawing identifies a parcel of right-of, way witlgn the 120 foot wide Naples Boulevard corridor which was n~er placed imo the name of Collier County. In 1994, pursuant to the terms of County Ordimmce No. 94-25, Collier County r~ceived $116,000 from the developer of the Pine Air Lakes PUD in order to fund the acquisition of right-of-way for Naples Boulevard (OMa Edgewood Drive) bet, veen the sou,.herly limits of the Pine Air Lakes PUD and Pine Ridg: Road, while the develc4x'r remained responsible for cons~ction of thc roadway. In March of this year, the owner of thc subject parcel notified v.v. ff that he was Ii:ting ff~e property for r~le, md indicated that he wanted to eliminate thc encumbrance across the cz.sim thirty (30) feet of the propc3'ty which was created through the construction and installation of the roadway and utilities thereon. 'rh¢ Property Appraiser h~a as~esse, d the value of the property at $6.00 per $qum'e foot for the p~rpos~ of ad valorem taxation. The ewner of the th/rt3.' foot strip of property, Mr, Ronald Rag, ge, Trustee, of Temd to sell thc fight-of-way to Collier County for its assessed value. Staffrecom,meads acc~tance of the property, owner's offer as rem~nable and within the range of probable mark~ values for subj<t. The property enjoys the C-5 zoning classification, and is located across fi'om th~ Home EA.'-POL ]~,T2~,,_~P_A.~: Cost of the real property acquisition is cstimaIed to be $59,440 for the real estate ~xl upon ~e pre,perry's cm'ren~ assessed value), plus approximately S500.00 in title expenses (baaed upon the County's annual contract for title comnfitments). In addition to th~se expendituzes, staff r~.ommmds that an additional S500 b~ allocated to cover inter-office billing, miscell;meoua processing fe~ often required by mortgagees, and recording fees. Authorization to proceed with acquisition will roquire a budget amendment whereby funds in an amount not to exceed $61,000 ar~ transfe, cd from t.~ reserves of Fund 132 into Account No. 132-112550-761300 in order to provide sufficient funds for this obligat/on. GROWTH MANAGEMENT IMPACT: None. Approval of ff./s recommendation allows for the oompletion of a segment of the County's Transportation Network. As such, thds recommendation is oomis~t with the Trans~nation Element of the County's Growth Management Plan. HAY n ~ 1997 MAY n 6 lS97 MAW n ~ 1997 EXECUTIVE llUMMARY PETITION TM 96-020 FOR THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM TO CALM TRAFFIC ON POMPEI LANE LOCATED BETWEEN GOODLETTE-FRANK ROAD AND CASTELLO DRIVE. D. BJECc.~].~,: To approve Petition TM 96-020 to calm traffic on Pompel Lane located between Goodlette Frank Road and Castello Ddve. CONSIDERATION8: A petition signed by 80% of the residents has been received by the Transportation Department for neighborhcod traffic management on Pompel Lane between ~lette-Frenk Road and Castello Drive, a distance of approximately 1,800 feet. In meetings and workshops, the problems identified by the residents were traffic speed, traffic volume, composition and mafety i.e., cut-through traffic, bicycle/pedestrian safety, and a general concern for children utilizing the roadway shoulders for passage to and from school. Traffic volume and speed studies were initiated and study results Indicated the most prevalent problem identified was the high percentage of cut-through traffic and some marginal speed problems. Available traffic calming techniques were examined to reduce volume. The communi~ reached a consensus on one b/pa of calmin~i technique, i.e., speed humps. However, since U~,se studies and the neighborhood workshops, the roadway has been resurfaced shoulder to shoulder (25 feet) and is due for re-striplng. The existing bare pavement has been intensifying the speed conditions according to a neighborhood representative. Previously, the roadway was marked fo~ two, 10-~oot lanes and a 5-foot bi-directional bicycle lane on the south shoulder. Since the roadway is presently bare of any traveled way markings, it has been recommended by the neighborhood residents that the County provide the required markings, and that the traveled way be established to accommodate two, 9-foot lanes and that shoulder lines be Installed to provide for a, 3 I/2-foot shoulder area for each direction. The concept of S-foot travel lane widths are allowed according to published traffic engineering manuals, and it is further felt that prudent engineering judgment justifies the reduced lane widths for Pompei Lane as a means to slow traffic. Although the neighborhood residents did agree on speed humps as their choice prior to the resurfaclng of the roadway, it is fell that the reduced lane width technique is an appropriate initial step tn an effort to calm traffic thr~Jgh this neighborhood, if the volumes and speeds persist, the speed hump technique should be pursued. This pavement marking recommendation, as noted, is the County's responsibility and therefore, should not require any neighborhood participation. FISCAL IMPACT: The cost of this recommendation will be borne by the County's regular maintenance funding source. ~ budseced [n ~aSfic Operac~:r~ ~ect~.c~ of Tnmspor~tic~. GROWTH MANAGEMENT IMPACT: Not applicable. 1997 PFt. EPARED B REVI~D BY: ~'-~' REVIEWED DIvtd F. Bobenlck Public Works Administrator RJ~1497/ES TM 96-020 PompeI ~.doc MAY n 6 IS97 ~.. RESOLUTION DESIONATINO THE PUBLIC WORKS ADMINISTRATOR AS AUTHORIZED OWNER SIONEE FOR THE COLLIER COUNTY WATER-SEWER DISTRICT, THE MAP,CO WATER AND SEWER DISTRICT AND THE CK)ODLAND WA'IER DISTRICT FOR EXECUTION OF ROU'IINE DOCUMENTS 'RELATED TO PUBLIC WORKS MATTERS ~ 'Fha! thc Board of C~un~ Commissiom'rs, Ex-Officio ibc Gov~tin$ Board of the Collier. County Water-S~ver Dislrict, thc Marco Wsxa' and Sewer District and th~: Ooodland Water District of Collier Cou~ly, Florida, adoFt a resolution designating the Public Works Administrstor, as authorized owners signce of routine documents r~laled to Public Works mailers. ~ON$IDERATION~i I. The Board of County Commissioners as "owner" of various water and sewer utility .~ystems, has a need for the Public Works Division to conduct activities, which r,~tuire permitting by loc~l, ~tate Md federal aScncies. 2. In order to expedite the pro,-'-essing of these permit, it is necessary for the Board to officially appoint z.nd have a record of a County cfficial authorized to execute pcrmi',s, grant applications and other miscellaneous documents. 3. With the appointrnenl of Edgar D.Ilsclmcr, Jr., as Public Works Administrator, the Board needs Io execute a new resolution officially appointing, as th,; authorized signee for routine doctunents. FISC~~ None GROWTH MANAGEMENT IMI!~C'I'; None ~F.,.~~ That the Board of County Commissioners, Ex-Officio the Oovcming Board of the Collier County. Water-Sewer District, the Marco Water and Sewer District and the Ooodland Water District of Collier Comity, Florida, adopt a resolution and designating the Public Works Adminiswator as authorized owners signee of routine documents re.lazed to Pu~. Works matters. Edgar D. Ilschner, ,Ir. Public Works Ach~inistrator lO I! ~2 ~? 41 43 66 6l ?0 ?l RT..SOLUTIONS NO. 4rt. I~:.SOLL~TION APf~C)INT~NG A~ A~ING [~AR D. I~ WGR~ AD~Nl~R OF ~[ P~L~ ~R~ DI~SlO~, TO ZX[~ G~ A~LICAI'IONS A~ O~E~ ~LLEAN[OL'S ~ME~ AND G~DLA~D WA~R DI~I~ AS ~W~E~': R[P[ALI~G AND ~T~O~ NO, follOw~l: U.S. ~fl~] ~ AJmcy FI~ ~ of ~v~l ~ C~n~ o~citl 1o ex~e d~u whe~in ~ bd ~ ~viously ~ov~ ~h NOW. ~E~O~ BE ~ ~SOLVED BY ~E BOA~ O~ CO~ CO~ISSIO~ERS OF ~OLLIE~ CO~. ~O~DA, Collier Co~n~'. FI~ ~ ~ Go~ ~ of ~e ColI~ C~n~ W~.~ BOA~ OF CO~ COmmISSIONERS OF COLLI~K CO~. ~O~IDA EdS~ D, IIs~hner. Jr. Public Works Adminis~ator Per Resolutio~ No, 97 · .I Th:s Resolutmn supersedes and r~l~ah Re~oludon No. resolution DATED ATTEST: Dg/1GHT E. 8ROCK, CLER. X Approved as to foem and blat su fficienc.~: · / , % ,~,'. ;/ Assm~nc C~ Ano~) BOARD OF COL~;TY COMMISSIONERS EX-OFFICIO THE GOVERNING BOARD OF TltE COLLIER COL .~ITY WATER.SErVER DISTRICT. MARCO WATER SE~R DISTRICT, GOODLAND WATER DISTILICT. COLLIER COL~TY. FLORIDA By: Ti~o~h.~ L J HAY t3 5 "997 AWARD A CONSTRUCTION CONTRACT TO THE MASTER GROUP, INC. FOR HALDEMAN CREEK AMIL GATES REPAIR AND REHABILITA'IION, BID NO. 97-2660. OB/'fECTIVE; To receive Board approval and award of a cons'auction conuact for rrgair and rr3.abiliuttion ofthe Haldo,aaa Creek Amil Gales to the firm of Masters Group, Inc. of Clewiston Florida for $57,860 in tr. cordanc~ with Bid No. 97-2660. CONSIDERATIONS: The Stormwater M~ement I~paruaent has inepared detailed al~ifications and aketche~ calling for the ~ and ~3abilitation of tbe twin A.mil Gates located on the Haldeman C~ek. Th~ wa~r level control m~x~a ate situated in the south Wal-Mart parking lot in East Naples and serve, as a primary salt water inu'usion barrier facility. Over the years, these metal gates iraa~er~-d in this salt water environment have deteriorated and are presently leaking beyond normal tolerances. The work to rebuild these 2 gates will involve repairing/r~ndnfing the gates and either repairing or replacing the side/bottom invert seals. Staff estimated that this work would cost $56,320. The bidding phase activities and results fi)r this project are summafiz~-d below: 1) The Project was advertised for bids on March 25, 1997 and invitations sent to 122 vendors. 2) A pre-bid conference was held on April 10, 1997. Several contractors attended the conference which included an on-site inspection of the AMIL Gates. 3) The bid opening was conducted on April 16, 1997 by the Purchasing Department Staff. Six bid proposals were received as tabulated below beginning with the lowest bid amount: TOTAL BID BIDDER (Base + Altemale) Douglas, N. Higgins, Inc. $ 29,000 Master's Group, Inc. 57,860 Thomas Marine Construction, Inc. 70,000 Zep Construction, Inc. 96,800 Mitchell & Stark Const., Inc. 108,120 Kelly Brothers, Inc. 120,400 l~ngineers Estimate 56,320 HAY n 6 1997 Executive Surmr~?/ "Conswaction Contracv'Amii Gates" Page 2 obvious d~ the ~t low bi~, Douglas N. Hig,~ins, Inc. &d ~i ~~ ~ ~o~ ofl~ ~ ~ .~ ~, ~ ~ ~ ~ ~r bid. ~ ~ ~ w ~ a ~ble bid ~ ~ ~ it ~d ~t ~ ~'s ~ ~. ~ ~~ E~I~ N. ~i~, Inc. lm ~~ a ~ 21, 1~7 1~ ~ ~y ~ ~io~ ~ ~w ~ bid ~ ~~ ~s ~fion. The 2=' low bidder, Ma~ter's Oroup, Inc. is c~-i~i, ily under coniraci with the Co~m~'y performing the Clam Pass Dredging Project. Their r~erences have b~m checked and the Offic~ of C~pitsl Project Management r~'co~nm~ds then as a respensible bidder. FISCAL I.I~3~ACT:_ The Specificatior~l fi~r this projec! provided for the award of bid to be determined on the basis of the ~ including Base and Alto-mate Bids. The Base Bid calls for ~ the side/bottom haven ~.als rather flum just l~.lil:i~ them. The condi'don of the invert seals will not be known until the site is dew~t~ and the haven seals visible for inspectiola. The AMIL Gates may also nc'ed to have P-r~als installed ifa proper seal ctrmot be ~.chiev~ after the Oat,;s have been re-installed. The Purchase Order will be iszued assuming the worst case ~cenario of the Base Bid only ($47,660) plus Alternate Bid No. 8 for the P-seals ($4,800) or a total of $52,460. The best case scenario would involve ~ ~he invert seals instead ofl~IgiiiI1R them and finding that the P-seals w~)uld not be needed. In this case the co~ of the project could be as Iow as $43,100. Sel~:tion of the appropriate base/alternatives will be made by the Project Msnager as prescribed in the eonumet documents. Funds in 001-172930-634999-0000 (C~her Contractual Services) are sufficient to cover the worst case scenario of' $52,460, ~ROWTH MANAGEMENT IMPACT: None HAY fl 6 I997 Ex~utivc Sunun~.~ "Con~,ruction Contr~v't/Amil Gales" Page 3 Board of County l) 2) 3) Allow Douil~ N. Hlggi~ Inc.. to aithdr~w thtir bid. Award a co~slruclion conl~'l ~o M~'i~r's Grou~, Inc. b~ed on th~ worn ~ sc~mrio smount of $$2,460 as lhe lowest, qualified stud restorative bidder. ~ ~ Bomi C'mirman lo ~x~ute the consmmion PREPARED BY: REVIEWED BY: APPROVED BY: Doc: EX-12 RaymO/nd W. Milh,'r, 'Interim Public Works Administrator Date MAY I1 6 1997 AMIL Gst~ Rrptir A P. tEab~lfnd~" SENT TO:, 122 ¥~ ~, 1997 l~a~in$ & ~Ix~ition~S Sates 2 rt'q.b'td Lump Sum BASE BIZ) · tfnReuary iud approved by the Enl~ter of Item 2 Ibeve' 4 each Each Tot. al s.,-~O~ s.~,~_ s /,~o.~ ?. ~ & rtnlr ;mt, lx~uom invert ,aah hated of'Item 3 3 nth tach Pri~ Total S ~X. O00.Ou s ~~__~t, I. Pua, uls~ & install lP.seah alonS ~th sides of ir, arts :2 Sties Each Price Total Pr/ce TOTAl. ALTF. R~AT£ B~D (~ast + Alternate) and app~ved by Eash~eer ~'o~ AY 0 6 1997 TABULATION FOR BIO ~97-2660 '14~ldem~ Creek AMIL Gms Rc~ ~ Re~ili~t~' ~A~ONS S~ TO: ! ~ V~ POSTING DATE: kfa~c~ 2~. 1997 OP[~TNO DATE: April 16, IgC7 TOTAL BASE BID s ,V, s"co. ~ s s Zf:~_~___~ s s..~~ s s ~::~.c~ s $ S S S S $ $ of kern 2 4 each Each Price Total P;'ke b. stead of'lam 2 above' 2 each Each Pri:. Total l~rlct t Purntsh at ~ P-seals al~ 2 ll~ Each Price Total Price TOTAL ALTERNATE B~:) TOTA.L BIZ) O~ue + Alternate) approved by Enlinetr s ?~b.~_.~, ~ s ~,.~x:).o~ s s _.%_~ s s./~ s s_/~ ~.l~ s $ $ S S S $ S APR ~1 1997 Mr. Mic~ Massaquoi COLLIER COUNTY OFFICE OF CAPITAL PROIECTS MANAGEMENT 3301 T_sm~ami Trail Eas~ Naples, Florida 34112 Reference: Colli~ Cmmty Bid #9%2660 "l-hld~ Creek AMIL C~es Repmir & Rehmbilitation" Dear Mr. Massiquoi This l~t~r is in response to o~ ~ppmrent low bid on Collier Cmmty Bid # 9%2660. Due to our own oversight we made nn estimating error. We are requesting ~he withdr~v~l of our bid. We apologize for our error. We value our business relationship with ColLier County and look forward to working with you in the future. V~'y truly yours, Daniel N. H~ggins Project M~u~ger ~ M&Y n 6 1.,97 I APPROVE FUNDING FOR SOUTH COU?CTY REGIONAL WASTEWATER TREATMENT FACILITY CONTRACT NO. 2 - PRETREATM~ENT, AERATION AND SLUDGE HOLDING ][~,.l~{~l..~: Tbzt thc Board of County Corr~nissioner~, as Ex-O~cio ~2)e Oov~ming Bo='d of ~e Colli~ Co~W W~t~-S~ Dis~c~ ~rovc a budget ~ent to ~te ~f~ion~ s~ces ~ ~at ~ e~ble for ~ding i~u.~ ~ S~te R~ol~n8 F~d (S~ low-Et~ Io~ pmk. CONSIDERATIONS: Fe~s for final design nnd services during construction of improvements to the South County Reg/onal Wastcwater Treatmem Facility (SCRWWTF) were ~q~proved by thc Board on December 19, 1995, agenda item 8(B)(1) as Amendment No. 4 to our existing March 15, 1994 agreement with Hole, Montes & Associates, lnc. for professional services pursuant to RFP 93- 2121. All fees identified in Amendment No. 4 ~ encumbered under one purchase order. Amendment No. 4 is divided into two individual construction projects as follows: 1. Reclaimed Water Pumping Station/Electrical Building, bid as "Contract 1", Bid No.96-2509 2. Phase I Improvements, bid as "Contract 2", Bid No. 96-2551. Professional services associated with Phase I Improvements are eligible for inclusion under our SRF loan agreement. A breakdown of the total contract fees and their SRF eligibility is tabulated as follows: Contract SRF SR.F ~ Totil Fees ln~ ~ $cooe of S~  Original No. 1 No. 2 No. 3 No. 4 · No. 5 247,000 247,000 322,700 322,700 582,000 $82,000 218,000 218,000 2,016,000 1,262,000 Total $3,448,008 $2,631,700 ? 54,000 $816,308 Preliminary Report, Conditional Use Design Report, Disinfection Design Deep Injection Well Reuse Master Plan, Lakewood Design WWTF design, p~rmiu, bid ~nd services during consu'uc6on SRF Coordination snd Adminis~tion In anticipation of the county's project files being audited by SRF personnel, it is appropriate to maintain records of all SRF-related project costs independent and separate from non-SKF related Froject costs. Currently, project costs for engineering and construction management fees are commingled under project 73916. i H AYn8 1997 Executive Summ~a3' Additional con~-~cfon management fee~ ~r~ needed to ~'taff this project. The origirad budget for construction man~gem~nt f~ g:suamxl tlmt one l~rojecl manager would cover two concurrent con~maion l~roj~ts sl a discounled fee. The benefit of two coneuxreni construction projects h~s not been realized bee~us~ the aw~xd inoem~ for the SRF-fimd:d contr~ took longer ttmn L-~ticipaled which elirainat~ the time during which con~tmction ~ctivity on both Contract I and Contr~t 2 would overleap. For this ~me re~on, ~ddition~.l profe~iomd engineering ~'viees rat neexted to extend the &~r~fion of detailed ob~-m~on ~rvice~ to complete Contain 1; however, ~dditionsl fee~ me tot ~mtieip~t~ ~t this time. Our deep i~jection well ~ completed flaead of ~c. lx~ule. Um~xl f~ de, ignited for detailed obr~.rvation of the d.eep injection well will be ~ to cover ~lditional deudled observation fees required for Contract 1. Fees for Contract 2 will rem~dn as ~-oved in Amendment No. 4. _FISCAL IMPACT~ ~'d Fund~ currently encumbered under project number 73916, SCRWWTF lmprovemenls, will be encumbered under projec! number 73053, SCRWWTF lmprovernentz Contr~ 2. A budget ~,mendment is needed to transfer fundz betwe~m project number~ in Fund 414 as follows: AmounE From: To: $355,OOO 73916 - Task II-A.6.3 Contract Adminishation 73053 - Task II-A.6 Contract Administration Amount: From: To: $265,000 73916 - Task 11-A.7.3 Detailed Observation 73053 - Task ll-A.7 Detailed Observation Amount: $ l 3a,000 From: 73916 - Additional Seeeices To: 73053 - Additional Services Additional fa:trices consist of geotechnic~l r,~.rvice~ photogr~h~, ~l~tup, ope~tions arst maintenance manual, operational support, vnmanty inspection, and reimbursable Additional construction mam;gernent fees m-c required to manage this project. The OCPM fees for the Bonita Be~ch Road sewer relocation wofl~ ~xe estin~ted to be less than originally anticipated. A budget arnex~ment to transfer 'funds within Fund ~14 is needed as follows: Amount: From: To: $20,000 73122 - Bonita Beach Road Sewer Relocation, OCPM Fees E~-uttve S~m~n~ ~Z.~9,~bll~,~il~~: Tha~ the Bok-d of Courtly Cornmi~ione~ as Ex-officio C~v~nina ~ of thc Co!lief Covab. V/~r-$ewer Di~ct. approve ~-sie record k~epin~ for SRF-eli~ib!e costs etsc~iated with the SCRWW'IT Co~ttacI 2 and the nece. s~ry budget srnendment for construction m~r~ernent Office of Calrltnl Ptojec~ Manaltement A~olfo A. Go~zalez, P.E., Dite~r Office of Capital Projec~ Managi.'mcn! P~VIEWED BY: -te ,.--- Raymond W. Miller, P.E., Interim A ~dminis~tor Public Works Division KWB/kv~ cc: Tim Clenmns, Wasiewatrr Di~.,clor Ed Finn, Public Works Operations Director HAY I1 6 19S7 APPROVE CHANGE ORDER NO. I TO WORK ORDER NO. JEI-FF.~.~ WITH JOHNSON ENGINEERING, INC. TO REVISE THE ORIGINAL ~OPE OF SERVICE5 TO OBTAIN PERMI~ I~R CONSTRUCTION OF I.,IVINGSTON ROAD PROJECT NO. 60061, C1~ NO. S3. ~ To ga~ Board approval of Change Order No. I to Work order No. JEI- FT-96-6 with lohnaon Enginoering under the t~ of o~ ~g ptof~o~ ~ ~~ ~ ~ 95-2422 ~: The OCPM in-house design staff is proceeding with the design of the Livingston Road Projec~ toward the ninety percem phue. Originally v~e were plannin8 to permit the project fi'om Radio Road to Pine Ridge Road. Our contract with $ohn~m Engineerin8 Inc. was buictlly for one project, one permit. Since the execution of our agreement wiih $ohn~on Engineering, Inc., we have learned that in ord~ to proceed with our design and rr~ntaln our ~chedule, we have to divide the project into two pans The first pha~e in from Radio Road to Golden Gate Parkway aad the second phase will be from Golden Gate Parkway to Pine Ridge Road. T~e phasing of the project means submittal of two permits at two different times and consequently an increase in our consultant's fees of $7800.00, FISCAL IMPACT: Funds in the amount of $7800.00 are available in Fund 333 cost center 163650, project 6006! (Livingston Road Widening). GROWTH MANAGEMENT IMPA~: This project is consistent with the Capital Improvement Element of the Grow'th Management Plan. RECOMMENDATION: 'l~a! the Board of County Commissioner~ approve Change Order No. I to Work Order No. ~EI-FT-96..6 with Johnson Engineering for $780000. Milch Momt~z, P.E., Pm.~'~ M~mager Public Works Divir, ion JOHNSON ENGINEERING, INC. IK)t? OFFICE ~OX ISSO I~ORT MYERS. FLORIDA Mr. Mirth Momtaz Collier County Boaxd of County Commissioners Office of Capital ]h'ojex-'ts Management 3301 Tarniami Trail East, Building D Naples, Florida 3396:2 ENGINEERS. SLJIRVlryOII~S AND ECOLOGISTS Mgmh 3, 1~97 RECrIV,: :,. MAR 05 1997 OFFI¢~ ' ' · Re: Livinggon RoM (lh-oje~t Nos. 60061 and 6007) P~maits Work Order No.: JEI-FT96-6 Agr~ment for Fixed T~m Professional Engineo-ing S~'vices Dated: September 26, 1995 Contract No.: 95-2422 Dear Mitch: As requested, this letter is to provide a revision to the above referenced contract for thc Environmental Permitting work usociated with thc Livingston Road Corridor. The original contract was for the permitting work associated with the Livingston Road Corridor, between Radio Road and Pine Ridge Road. The project is now to be permitted in two (2) separate phases as the engineering design and planning progresses. As we understand, these phases will bc from Radio Road to Golden Gate Parkway, and from Golden Gate Parkway to Pine Ridge Road. With respec! to the above revision in the scope of work, we would rcxlUeSt that the basic services fee be revised in our original contract to include additional expenses associated with splirtin, g the p, roject into two phases and, thus, two separate permitting processes. We would estimate these additional services to be $7,800.00 not knowing at what time thc second phase will be permitted and/or designed and ready to go. Wc appreciate your confidence and cooperation and look forward to working with you on this project. Sincerely, JOHNSON ENGINEEEINO, INC. KEHTON PI KEILING ./ W, IRITT POM£ROY DAN W DICK[Y GA~Y N BULL * ~'~ / "' :'" n 8 1SS7 [~*~ [ ~u[*o. 21145 ; 4- 1t-97 ; I(1:57 ; J~S0,'i E~I,'~!I~I['E-, ;f 2/ 2 JOHNSON ENGINEERING, INC. ~e41 ~4.~4el Box 1s~o Mq/[ IS. Pb, ORiOA lvh'. Mitch Momt~z Cc)lli" Co--ar, Otlicc'of CJl, i~ l~j~-:3 3301 Tan:~mi T~IiI FJ~ Bulldin~ D Naples, Florida 33942 Re: [NGINKF. R~ ~'URVEYONS AND ECI}LO~Ig'f5 Liv~n~ton Pond 0~jec~ Nos. 60061 and 6007) p~n-,its Work Ord~ No.: JE/-~ Agrccm~nt for Fix~ Tcrm Professional Eng~eerin~ S~c~s Dated: ~ber 26, 1995 Corrtract No.: 95-2422 ARCHIr 'T. GRANT. JR. FORRKIT H. BANKS JOBfPH W, rBNSR BT~II;N K. M~RISON ANDREW D. TIL~ON FF~EY C. COONE~ w. DAVID KEY. JR. DAN W. K~IN M. GARY STEPHEN W. ADAMS PATRICIA De~ Mi~h: As requestS, th~s lc'~.e~ is to provide back up for thc rcqu~ change ordc~ as e result of spli~g thc Livingston Road l~o]cct into two sc. pA-aEc scg- mcnts. TI'ds will result in primarily additional pcrmitting Lnd aaency coordirmtion to a~sess ~e cnvironmental impacts ~md receive Idditional pcnnlts. I! is cstirnat=d thai ~ following ~sks will be r~lulrcd: A. Mee!inis with County pcrsonncl in design of pro- jcct End Plans. S 1,475.OO B. Additiorml rc~cw of drainagc amd cnvironmc'nt~l impa~ts. $ !,050.00 C. Agcncy coordination. S 2,175.00 D. Applications, drawings, and follow-through. S 3.100.00 ' $ 7,8OO.OO TOTAL: We look lo,yard to moving into this phase and if you nccd a.ny ngditiont] Lna'ormation, plca.~ do not hesitate to call. Sincerely, WDK/tba / 21145 jOHNSON ]ENGINEERING, INC./% SUMMARY Al'PROVE STIPULATED FINAL JUI)GMENT FOR RIGHT-OF-WAY PARCEL SO. nT* FOR ACn FOvn PROJzcr, ica: ~ Board approval of the Stipulated Final Judgment with Pelican Ridge of Naples Az$oci~tion, Inc. for acquisition of right.of-w~y parcel no. 117?,. CONSIDERATIONS: Right-of-Way parcel no. 117A, which i~ located at the ~ comer of Pelican Ridge Boulevard and Vanderbilt Beach Road, h~ been acquired ttu-ough eminent domain C~ze No. 95-$071-CA-01-TB. The parties have reached an ~cord on acquisitic, n costs, settlement charges, and special conditions u ~'t forth in tl~ a~ Stipulat¢:~ Final Judgment document. Staff concurs with the net ~dditional payment of $6,666 *',: which accounts for attorney it. es (S5,666.00) and remaining compensation for &cquisitm:'~ of parcel no. 117A ($1,000,00). With regard to special condition no. I listed on page 2 of the Stipulated Final Judgment, staff'has completed the required res. u"f~cing of Pelican Ridge Boulevard. Special condilion no. 2, which requir~ posting of signs limiting "No Trucks Over One Ton" along Pelic~m Ridge Boulevard, will b~ administered through a follow up Resolu6on to the Board. FISCAL IMPACT: A zotal additional expenditure of $6,666.00, payzble to the Clerk of r~WCourts, shall be disbursed from available funds in the Vanderbilt Beach Road capital account, fund no. 313-163673-67021. ~tROWTH MANAGEMENT IMPACT: Consistent with the CoLlier County Growth Management Plan for CIE Project No. 023. RECOMMENDATION;. That the Board of County Commissiom.'rs: (1) Approve the Stipulated Final Judgment for Vanderbilt Beach Road fight-of-way parcel no. I ITA without modification; (2) Direct staff to deposit $6,666.00 into the Cottrt Registry within 30 days of the date of the Stipulated Final Judgment; and (3) Direct staff to submit a follow up Resolution to the~t~ for truck w~ht limit signs along Pelican Ridge Boulevard. ///~"...~' ~'/_.- , Office of,C~ 'mi ' a Offitiof C~pital Pr6jcct~ M~n~] aent o lLryt~x~d W. Millet P]L. I~tchm Administrator Public Work$ Division / ' ' HAY O 6 1997 IN TI{E CIRCUIT COURT OF THIE ~ IUDlClAL C/RCUiT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, · polit/csl subdivision of the Sine of Florida, Plaintiff, DOANE-KEMI~FER $OINT VENTURE, et al., Defendants. Case No. 9$-5071-CA-01-TB Psrcel No. 117A STIPULATED FINAL ,II,II)GIVfENT THIS CAUSE having come before the Court upon · .loint Motion made by Plaintiff, COLLIER COUNTY, FLORIDA, and Defendant, PELICAN RIDGE OF NAPLES ASSOCIATION, INC., by and through their uncI~rrsigned counsel, for entry of· St/pulated Final Sudgrnent as to Parcel No. 117A, and it appearing to the court that the panics authorized to make such Mot/on, the Court finding that the compensation to be paid by Plaintiff'is the ~I1 compensation due the Defendant, and the Court being otherwise fully' advised in the prem.iscs thereof, it is thereupon ORDERED AND ADJUDGED that the Defendant, has and r~.overs from the Plaintiff the total amount of'Seven Tho -usand Five Hundred Dolb, rs ($7,500.00) for Parcel No. 117A, Road right-of-way in fee simple, that was taken by the Plaintiff~ m tull payment for the MAY n 6 1997 property md for any d~m~,ges resulting to the remainder, if less than the entire property u, ken, ~'d for a~l other damages in connection with said parcel; it is 0KDEKED that the property taken in fee simple, Parcel No. 11?A, beinl fully described in Exhibit "A" attach~l hereto and incorporatcd hcr~in, which vested in the Plaintiff pursuant to the StipuJated Order of Taking dated February 13, 1996, and the deposit ofmoney heretofore made, is ~proved, ratified and conf~med; ~d it is further ORDF_~n that the following a~reement between the parties, subject to thc spproval of the Board ot' county Commissioner~, is hereby ratified and confirmed by the Court md the parties shall comply with the terms hereof: I) The Plaintiff shall resurface Pelican Ridge Blvd. As pan of the Vsnderbilt Beach Road Extension construction contr~t from Vanderbilt Beach Road Extension/Hickory Blvd. Southward to the south property line of the Pelican Ridge property. 2) The Plaintiff, will at the written request of the Defendant, Pelican Ridge of Naples Association, Inc., present to the Board of County Commissioners a Resolution to have signs posted on the northern and southern points of Pelican Ridge Blvd. stating, "No Trucks Over One 'Ion". IT IS FURTHER ORDERED that the Clerk of this Court shall disburse the total amount of Seven Thousand Five Hundred Dollars ($7,500.00) to Roetzel & Andres.s, Trust Account, 850 Park Shore Drive, Naples, Florida 34103, less my amounts ~ously paid; it is further , 2 ORDERED that the Plaintiffshali pay the Defendant's, PELICAN RIDGE OF NA.PLE~ ASSOCIATION, INC., reasonable attorney fees in the total amount of Five Thousand Six Hundred Sixty-six Dollars ($5,666.00); it is further ORDERED that the Plaintiff shall deposit the total amount of Six Thousand Six Hundred Sixty-six Dollars ($6,666.00), being the Defendant's attorney fees and full compensation for the property taken, subject to the approval of the Board of County Commissioners, into the Registry of this Court within 30 days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shall disburse the amount of Five Thousand Six Hundred Sixty-six Dollars ($5,666.00), being the DefendanCs attorney fees, to Roetzel & Andress, 850 Park Shore Drive, Naples, Florida 34103; it is timber ORDERED that this Court retain jurisdiction of this case for the determination of reasonable costs, pursuant to Chapter 73, Florida Statutes. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this dayof ~.//~ ,1997. conformed copies to: "Steven Falk, ESq. 'Shirley Jean McEsehem, Esq. '~Vincent Murphy, Esq. "Chm'les Basinait, Esq. "'lean Howard, Esq. Ted Brousseau Circuit Court Judge MAY n 6 1S97 JOINT MOTION FOR STIPULATED FINAl. JUDGMENT Plaintiff and Defendant, by sad through their undersigned counsel, hereby move the Court to enter the foregoing Stipulat~ Final Judgment ts to Parcel No. ll7A. Roetzel & Andress 850 Park Shore Drive Naples, Florida 34103 Phone: (94I)649-6200 ~. Florida BarNo. ~O,~> 7f-~ ATTORNEY FOR DEFENDANT, PELICAN RIDGE OF NAPLES ASSOCIATION, INC. SHIRLEY~r.A~ MCEACHERN, ESQ. A.uistant County Attorney Collier County Government Center 3301 East Tarniami Trail Naples, Florida 34112 Phone: (941) 774-8400 Florida Bar No. 321044 ATTORNEY FOR PLAINTI~ 4 MAY n 6 1997 The L'ollo~Lng de-c~lbed p~op*~ ~s ~o b~ acqu~g~d p~o~cT PA~C~L ~ ~n ~ ~lmp~e. TAX P~C~L NM. ~ SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA _ LAND D£$CRIPTION:_ SEE SHEET 2 OF' 2 5KETCH OF LAND DESCRIPTION ('NOT SCALE.* I' - $0' I.L~lt [ IqT '~ RRO.¶CT: NO. &7o~ T~ follo~£nq dascr~bad proper~y ~s to be acqutred ~O~C~A~C~N~ ~ ~ee sXmple. TAZ P~ HO. _ ..... SECTION 54, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA LAND DESCRI~ON: ~LL ~Ar P~T ~ LOT ~ ~ACT R, ~ R~ SEC~O ~X~N~ RE~At. AS ~XS~ ~G ~ H~RLY L~ ~ S~ LOT 2. ~0 ~ ~C ~ ~ F~ ~ A C~N~L AN~ ~ ~7'1t AN A~C DIST~NC~ ~ JO, 02 ~5.04 ~W~ NOR~ 00'31"J4' KST ALPC ~AtO ~S~Y L~C A D~ST~NC~ ~.04 ~t TO ~f e~r ~ 8c~w~wc ~ mC ~ Hc~C~ c~r~Nc 1.96~.~5 S~RE ~ET ~ ~o U~C ~ eCx~ RO~ g~ S 80~'20' E AS ~0~ ~ ~ ~T ~ ~ Ix~ WT ~ AS REC~O~ ~ ~T ~ I~ PA~S 44-67 ~ RE~ C~ ~. PREPPED BY: , / , ' · .~u · ~?~ e~ [i / ' " "' HAY n EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL AGREEMENT NO. 5 TO TIlE CONSULTING LANDSCAPE ARCHITECT SERVICES AGREEMENT WITH MCGEE & ASSOCIATES, INC. FOR THE IMMOKALEE BEAUTIFICATION M.S.T.U. ~ To approve the negotiated consultant fee and execute ~ Supplernental Agreement to the Consulting Landscape Architect Services Agreement to perform services during construction in Phase Two of the Immokalee Median Beautification Project. CONSIDERATIONS: On October 16, 1990, the Board of County Commissioners entered into a Consulting Landscape Architect Services Agreement with McCJt~ and Associates to prepare a Master Plan for the Immokalee Beautification M.S.T.U. Said Agreement provides that each phase of service performed .shall be subject to a Supplemental Agreement. On July 18, 1995, the Board of County Commissioners approved Supplemental Agreement No. 4 to the Consulting Landscape Architect Services Agreement to prepare and furnish final drawings to show the character and scope of work to be performed in Phase Two of the Immokalee Median Beautification Project. Such final design services have been completed, and the Immokalee Beautification Advisory Committee has recornmended commencement of construction of the Phase Two improvements. The Consultant has agreed to perform services during cotmmcfion for & lump sum fee of $20,000.00. Following negotiations with staff, it is concluded that the Consultant is adequately staffed and qualified to perform ali services specified under the proposed Supplemental Agreement, and that the total contract amount is both just and equitable. FISCAL IMPACT: Cost: Fund: Cost Center: $20,000.00; to be obligated in the budget for FY 96/97. (156) lmmokalee Beautification MS.T.U. ( 162723) hnmokalee Beautification Sufficient fimds are available in the current budget for this obligation. GROWTH MANAGEMENT IMPACT: None. PlAY n 6 1997 Exec~dve 8unu~ary ]~~b[~. That the Board of County Commi.~oners approve the attech~l Suppi~Tamtal Awt, ement with McGee and A~oc/ates, Lqc., to provide services during construction for Phase Two of' the lmmokalee Median Beautification Project and authorize t~ Cha/tman to execute the ~. This item I~s teen reviewed and approval by the Collier Count, Attorney's Or, ce. PREPARED BY: REVIEWED BY: REV*~*WED BY: REVIEWED BY: O~.,0t'Cnpitai Projects Mana&ement Adolfo ^. OonzaJe. z, ]P.E., Dimct6r Office ot'Capital Pro. iect~ ~anagetnent Date:~ C Date: Davi~ F. Bobar, ick, Interim Transportation Director Transportation Department l/i./'(r.. Rayr~.~'d W, lVl3Jler, P.E.: Intenrn Administrator Public Works Dividon cc: ImmokaJee B~.aut~cation Advisory Committee Stephea Fabiano, Enlt, ineet I, Trtnsportation Sa'vic~ Depm'tnw~ SUPPLEMENTAL AGREEMENT NO. 5 TO CONSULTING LANDSCA]~ ARCI~ITECT SERVICES AGREEMENT THIS AGREEIVIENT made and entered into this day of , in the year Nineteen Hundred and Ninety Seven by and between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER. COUNTY (hereina~er c~led OWNER) and Michael A. McGee, Landscape Arcl'~tect, P.A., d/b/a McGee and Associates,./>k/a MCGEE AND ASSOCIATES, INC. (hereinafter called CONSULTANT). OWNER intends to provide certain landscaping improvements within the Immokalee Beautii:ication M.S.T.U. (hereinafter called the PRO/ECT). WI~REAS, the OWNEK and CONSULTANT in consideration of their mutual convenants hcrein agree in respect of the performance of professional landscape architect services by CONSULTANT and the payment for those -~ervices by OWNER, as set forth below. WHEREAS, the CONSULTANT s~all serve as O%VNER'S professional landscape architect representative in those phases of the PRO/ECT to which this Agreement applies, and will give consultation and advice to OWNER during'the performance of his services. WHEREAS, the OWNER and the CONSULTANT heretofore on October 16, 1990 entered into an Agreement whereby the OWNER retained the CONSULTANT to furnish certain consulting services in connection with the proposed PROJECT; and WHEREAS, on .Iu|y 18, 1995, the OWNER approved Supplemental Agreement f~mlsh -- to the OWNER final dra~vings to show the charactcr and scope of work to be performed in Phase Two of the PROJECT (Phase Two covers State Road 29 fromg" Street to 1" Street (C.R. $46)); and WHEREAS, such final design services have been completed and the Immokalee Beautification Advisory Committee has recommended commencement of construction of · 'Phase Two of the PROJECT(Phase Two covers'State Road 29 from 9" Street to 1" Street (C.R. 846)); and WHEREAS, the CONSULTANT has submitted a fee schedule (Exhibit "G") for services during construction in the aforementioned area. NOW, THEREFORE, the Consulting Landscape Architect Services Agreement is hereby modified to read as follows: 1. EXI41BIT "A". Section 4 - Services During Construction: The CONSULTANT shall provide those services as set forth in the Agreement which are requ. ired during construction of Phase Two of'the PROJECT (Phase Two covers State Road 29 fi.om 9" Street to la'Street (C.R. 846)); 2. EXI-IIBIT "A". Section ? - Time of Performance: The services called for in this Agreement will be completed in accordance with the construction schedule established by the CONSULTANT and as approved by the OWNER for the aforementioned area. 3. EXHIBIT "A". Section $ - Payment to CONSULTANT: The County shall pay the CONSULTANT a Lump Sum Fee not to exceed Twenty Thousand Dollars ($20,000) for those services contained in this Agreement. Payment for Additional Services as provided for in Section $ of Exhibit "A" to the Cor!__-m_!~:in~: l_a.nd.~'-"~i ~~ F' A¥ n 5 1997 Architect Services Agreement shall be in accordance with the fee schedule set forth in Exhibit "G" to tNs Agreement. EXCEPT as hereby modified, amended or changed, all the terms and conditions of the original Agreement for Consulting Landscape Architect Services shal! remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused th~s Supplemental Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk (SEAL) Deputy Clerk BOARD OF COUNTY COMMISSO~RS COLLIER COUNTY, FLORIDA BY: Timothy L. Hancock, AICP, Chairman ATTEST: Sec~ry MICHAEL A. MCGEE, LANDSCAPE ARCHITECT, P.A., d.'bla MCGEE & ASSOCIATES,f'~a MCGEE & ASSOCIATES, INC. ~" Michael A.~"Gee, President / . (CORPORATE-SEAL-) Approved as to form and legal sufficiency: Heidi Ashton Assistant Collier County Attorney Attael,.ments: (Exhibit "G") JX:~O&7 f.IAY fl 6 1997 _ Landscape Architecture, EXHll31T "G',, March 13th, 1997 Mr. Joseph F. Delate, ASLA, RLA O.C.P.M. Building Collier County Government Complex Naples, Florida 34112 Re: lmmokalee Beautification M.S.T.U., Streetscape Project Phase Two S.R. 29 (Main Street from 9th St. to 1st St.) Dear Mr. Delate:, As requested, the following Services proposal is hereby submitted relative to supplying Construction Observation Services for Phase Two of the lmmokalee Streetscape Beautification project. Phase two covers State Road 29 from 9th St. to 1st St., (C.R. 846). The scope of services to be provided are requested as per Exhibit "A", Section 4, Phase III, Services During Construction of the Consulting Landscape Architect Services Agreement. The cost for these services is estimated at twenty thousand dollars, ($2o,ooo.oo). Scope of Services: A. Provide Observation for: 1. Site demolition and preparation. 2. Utilities sleeve and conduit installation. 3. Electric work and light fixture installation. 4. Proposed concrete work for paving, curbing, ramps, tree grates and textured concrete paving. S. Brick sand set paving and raised brick planter installation. 6. Soil removal, replacement and grading. 7. Tree and Palm tree Installation. 8. Irrigation system installation. 9. Shrub, ground cover and mulch installation. 10. Site furnishing placement and installation. . _ Design ' Environmental P.O. Box 8052, Naples, Fla. 34101 194~f~ / Page two, 03/13/97 I.B.M.D., Mr. Delate Be Ee Assist County personnel in bid process for site furnishings and light fixtures, Review pay requests and change order request, as presented, Conduct periodic site visits at appropriate intervals to this type of construction to observe the Contractor's progress and general compliance with the approved plans and specifications, Site visits will be three (3) one hour visits per week, with additional visits for" substantial completion" and"final inspections" at construction completion, with appropriate written punch lists. Prepare Record/As-Built Drawings of completed construction, based on Contractor provided information. Excluded Services Survey services Certified inspections a. These type of inspections shall be provided on a quoted time and material basis, McGee & Associates, Inc, agrees to provide the Services During Construction for Phase Two and as required based upon the following fee schedule: Professional time: Research time: Technical time: $75.00 per hour $65,00 per hour $55,00 per hour Of course, if you should have any questions or need further information please feel free to contact this office any time. Cor ia President, McGee & Associates L,C, 0098 MAY fl 6 1997 ~ECUTIV~ SUMNJ.A_J~ INITIATE DEVELOPMENT OF REGIONAL IMPACT (Dill) PROJECT FOR THE COLLIER COUNTY GOVERNMENT CENTER (CCGC) AND APPROVE WORK ORDER #ABB..07 WITH AGNOLI, BARBER, AND BRUNDAGE, INC. FOR SURVEYING AND MAPPING SERVICES. ~ To obtain Board approval of the Development of Regional Impact (DR.I) Project for the Collier County Government Center (CCGC) and approve Work Order #ABB-07 for surveying and mapping services relating to the project. CONSIDERATIONS;; On April 6, 1995, the Office of Capital Projects Management (OCPM) received a letter from the Southwest Florida Regional Planning Council (SWFRPC) conceming the potential DRI status of the Government Center. The letter outlined the planning history of the complex and infomled the County that the project potentially had exceeded DRI thresholds and was in violation of previous planning commitments. At that time, OCPM was exploring the ramifications of possible jail and office space expansion. Since that time, in preparation for the proposed Juvenile Detention Facility, OCPM contacted the Regional Planning Council staff and discussed what impact the proposed facility would have on the DRI status of the Government Center. SW'FRPC staff asked OCPM to prepare a land use summary of existing and proposed uses (CCGC Building Uses and Space) to determine the full impact of the Government Center at buildout. Upon completion of this analysis, the SWFRPC responded with a favorable determination that the existing Government Center would not exceed the threshold for DRI review, and that the proposed Juvenile Detention Facility, Jail Expansion, and Work Restitution Center are exempt from DRI review (see attached SWFRPC letter dated 12/30/96). Howeve% once additional office space is constructed, the DRI threshold would be exceeded. Essentially, the current Government Center is at the upper limits of its permitted size and any large, anticipated office space expansion would require an approved DRI prior to the issuance of building pe,,Lits. During last year's budget process the issue was brought to the Board's attention. Then, in January 1997, the Board was informed by the former County Manager that eventually additional office space for a new Circuit Court and other departments will be necessary. Facilities Management was instruct~l to begin a C~npus Space Needs Assessment/Analysis to study fi:tur~ BCC, Courts, Constitution.~i Officers ~,d Jail/Sheriff's r~lated needs. Once this maalysis is compl~e, a ma:aer plan for the Government Center will be pr~an:d. In pt~amtion for the master planning of the campus, a complete survey of the entire Government Center is required that will also be used ss a major planning tool throughout the DRI process. In anticipation of the eventual expansion of the Government Center office space, OCPM requests Board authorization of the DRI process and the initial step of surveying and mapping. It is anticipated that the 199'7 Ex~tiv~ Sure. try Page 2 majority of the DILl q~plication ahall be oompletcd in-hou~ to take full advantage of qualifi~l, t~hnieal perionnel. FISCAL IMPACT.._ Cost: Fund: Cost Center: Project Numlm-: $255,200 to be obligated in the budget for FY' 97/9g, of which $21,395 to be applied to Work Order #ABB-07. (301) Facilities Management Countywide CIP (110434) Govemm¢ot Center Development of Regional Impact (80043) Collier County Government Center DRI Funding will be available by a transfer of funds from the OCPM Operating Budget (589). The funding source is a positive and audited carry forward variance in Fund 589. GROWTH MANAGEMENT IMPACT: Completion of the Development of Regional Impact (DRI) for the Collier County Government Center will bring Collier County into compliance with Ipplicable Growth Management Laws as it relates to future office expansion. That the Botrd of County Commissioners: 1. Authorize staff to ir~itiate the Development of Reffional Impact CDP, I) application process. o Approve Work Order #ABB-07 with Agnoli, Bnrbea', and Brtmdage, Inc. to provide survoying and m~ppMg s~vi~s related to the Collier County Oow'~mment C~mter DRI project. 3. Approve the necess~y budget amendments to r~cognize carry forwaM in Fund $89 in the amount of $255,2~X) and transfer to fund $01. 4. Authorize the BCC Chairman to exacute the Work Order md, at a httcr date, the DRI application. Executiv~ Summary Page 3 Jo~'ph F. Delate~ ASLA, Project Man~er Office of Capital Projects Ma~ent ,'~ m~wEwzo nY.. Office of Capit~ ~j~s REVIEWED Public Works Division w/attachments Skip Camp, Facilitie~ Management Director (w/at~achme~) Michelle Arnold, Assistant to the County Manager (w/attachment) x¢: Agnoli, Barber, and Brundage, Inc. p aS'e~m&l~ll~'~umy. 01 ~.,/ /. Date: / Southwest Florida Regional Planning Council Drtw., ~th Floor, N. Ft. l~fyr, r~ FL 3.3917-,5909 (9tl) 6,56.771 P.O. Box ~, N. FI. I, iTe. rs, FI. 33918-3~I~5~ 5UNCOb! 7~,9-77E~) FAX 9,11-6,56-7721. December 30, 1996 RECEIVED See Delate, ASLA Project ..Ma.nager Office of Capital Projects Management Collier County Public Works Division 3301 E..Tamiami Trail Naples, FL 34112 OEO 31 1996 CFT. gE er '""" PROJECTS gan Dear Mr. Delate: We have reviewed the existing and proposed uses associated with the Collier County Government center (CCGC). As you may know, the CCGC has been monitored throu.t;h the years as a potential Development of Regional Impact (DR.I) under the provisions of Chapter 380.0651 F.S. (Statewide guidelines and standards) and Florida Administrative Rule 28-24 (DRI Threshold and Standards). We appreciate the table of land uses you provided in your letter ofDecember 16, 1996 to me, which maybe the most comprehensive, specific and accurate provided to date regarding the existing and proposed land uses oft.he CCC, C. Based on that table under "existing and exempt areas" we concur that 103,554 square feet of office and 2,714 square feet of attraction uses (Discovery Cottage, Museum Garage ad Huntoon Gallery), received authorization to construcI ofwere built prior to .luly I, 1973 and therefore are vested and exempt from DRI review. We also agree that 161,142 square feet of post ,Iuly I, 1973 land uses are also exempt from DILl review because they are either correctional related facilities (129,340 square feei ofcorrections/oporation not a DR/land use defined in DRI Threshold and Standards Rul~) or maybe considered accessory support used to the exempt, vested or nonvested uses. Under the Office Area of the table we also concur that 286,805 square foot of office is not exempt fi'om DRI review. We also agree with the table that the Future Area land uses of Sall/Sherifftotaling 218,000 squar~ feet is a future land use exempt from DR/review. In conclusion, the post .Tub, 1, 1973 authorized and constructed land uses tot,.ling 286,805 square feet of office is 95.6% of the office threshold and is, therefore, presumed to not be a DILl. However, once the 40,000 square foot of future office is authorized for construction, the office uses will be 108.9% ofthe office threshold and will, therefore, be presumed to be a DR/and will at that ~ be required HAY n 6 I }97 TO: .Toe Delate, ASLA PAGE: 2 DATE: December 30, 1996 to submit an Application for Development Approval (ADA) as you committed to in your letter of December 16, 1996. If'you have any questions, please let me 'know. Sincerely, SOUTHWEST FLOR. IDA REGIONAL PLANNTNG COUNCIL Principal Planner/DR/Coordinator DLT/dh cc: Steve Atldns, DCA/BLP f'~Y ri 6 1997 COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION OFFICE OF CAPITAL PROJECTS MANAGEMENT December 16, 19~6 Mr. Daniel L. Trcscott PrincipM Planner/DRI Coordinator Southwest Florida Regional Planninl Council 49:~0 Bayllne Drive, 4*b Floor North Ft. Myers, FL 33917-3909 3301 E. TA3,flAMI TRAIL NAPLES, FL 34112 (941) 774-8192 SUNCOM 751-8192 FAX (941) 774-9370 A C£ICFIP'I£D BLL,~. CHIP CO.XLM~'~I'3'Y' RE: Collier County Government Center (CCGC) Status Dear Mr. Trcscott: Thank you ~'crymuch for )'our time and pertinent commenisduring our recent teleconference. As we discussed, ! have researched the records of the Collier County Government Center (CCGC) and have compiled thc attached "building uses and space" table for your reference. Based on )our comments during our teleconference and our own nnalysis, we believe that to date the site is not subject to applicable DRI regulations. In the very near future, Collier County plans to construct correctional-related facilities that consist of Jail Expansion, Sheriff's Operations, Juvenile Justice Ccnlcr, and Work Restitution Center. It is our understanding that these additional facilities would be exempt from DRI pcrmittinl and could proceed without restriction. At some undetermined time in the future, Collier County may propose to construct a 40.000 */-s.f. office building on the remaining vacant site area. At such time, we would begin the applicable DRI process to provide for CCGC buiidout. Please review this analysis and the attached documenlation and provide written confirmation to our conclusions, which were in part based on your comments durin[ out teleconference. Additionally, please provide written confirmation based on our analysis that the proposed Jail Expansion, Sheriff- related Facilities, Juvenile Justice Center, and Work Reslitution Center may proceed as planned without the processing of a DRI application. Again, thank you for your assistance and consideration. If you have any questions, please call me at Suncom 751-!192. Sincerely, A A , "Project Manager W/Attachment: Collier County Government Center (CCGC) .. Buildinl Uses and Space cc: Adolfo A. Oonzalez, P.E. Director, OCPM George H. Parker Senior Project Manager, OCPM JD/jaa/ltr. 040 HAY n Co*J-i'. for Flxt~d T~ 1~4 S41sr~'t~j'll~ INsd l~4ediflimSa~'lrl(: .q~..n'k'lca Dalt'd N~t~'r 5~ 1~'~ {RFP ~.-13~} · Ta~k I - A~ detailed in I~ atlacl~d Ix'old.al ~ Alii. ~n}tnl this W~ ~. tn ~ ~tth the ~t~ ~ ~ s~ ~$21,39~. Ta~ l $13.~ Ta~ II $ 7.~ T~A~ ~E $21.395 A~' c~n~ ~ ~nl I~ ~t ~m~ i~-~l will BOARD ~ CCXINI'Y ~I'MISSI(~"iER$ Tlmo~l~' L Ha .__.x~x+_~ AICP. Ckairmam ,IT~Q~I.028 '~'~li:'t ' '~ MAY n 6 Bg? ]~XECUTIVE ~ U MM A~{~]~ AP?ROV£ A BUDGET AMENDlVIENT TO FUND CONSTRUCTION OF A BY- PASS WATER LINE AROUND TIIE QUAIL CREEK WATER PLANT SITE ~ That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve the budget amendmcn! to fund the construction of an 8" by-pass water linc around thc Quail Creek water plant site. CONSIDERATIONS: Collier County Water-Sewer District agreed to sell the Quail Creek water plant site to Quail Creek Property Owners Association, Inc. at their September 3, 1996 meeting as Agenda Item 16(B)(g). The Agreement stated that the existing water lines would be re-routed. FISCAL IMPACT: A Budget Amendment is needed to transfer $20,000 from 412 reserves into 412- "'~ 27351~x'"' 1-70879 (Re-route water line around Quail Creek Water Plant). $17,000 is for ~",-.~ construction costs, S2,500 for OCPM and $500 for permitting fees. GROWTH MANAGEMENT IMPACT: None. REVIEWED BY: A'doifo A. Oonzalez, P.E., D|rector Office of Capital ProJects Management RECOMMENDATIO~NS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing bo~l. of the Collier County Water-Sewer District, approve and ,uthorize ,he Bud~t~{ Ar~endment funding this project. Tom~'~tterfield~ i~./E., Project Manager ' ' ~¢,e of Capital ,Projects Management ;,:..'~, ~t~': / .... ~ A-.~ DATE: , '~ REVIEWED Public Works Division DATE:~ CC: Mike Newman, Water Director Karl Boyer, P.E., Senior Project Manager HAY fl 6 1997 Date Prc~r~d: t/IH? U'prc~iou$1y approved, BCC AEcnda Date: For Bud~'fff'inanc~ U~ Or~y BA# BAI~ APH D~te To BCC Yes No 111 (Pu'~ ~o.) Attach Executive Sunvtm~ EXPENSE BUDGET DETA/L Water Caoi~al Proiec~s Cost Center Title 275511 Cos~ Center No. ~.~tl Creek Vr'ater Pl~rff Proj~.t Title 7~78 Projec~ No. Increase ~l R~'ised (Decrease) Budeet ~ 651551 OCPM Fees 2.500 649010 Permits 500 753100 Improvements General 17, 000 TOTAL 20.000 Res~rvf~ ~1901 O~ Cost Center Title Cc~ Center No. Project Title ~t 2.455.165 2.436,16J Expm~tu~ Increase 993020 Reser~ for Capital Osttlay (20. 000) TOTAL (20.0OO) 2.500 5OO 17.000 20,000 2.410.165 2.41~.16S Center Title REVENUE BUDGET DETA. n. Cost C. ent~ Na. Pm.i~t Title Increase Ex~nditure Titll[ l]2$tala,l~ ~ ARE FUNDS NEEDED? Funds ar~ neede~ £or the ~nstrucfion ora by. ss w~tcrlir~ around the O~fl Creek Wat~.~ V~-tERE ARE FUNDS AVAILABLE7 are a~'ailabl¢ in Fund 412. Reserves for Caoil,al Outlay, COST CENTER DIRECTOR: DMSION ADMINISTRATOPc BUDGET DEPARTMENT: AGENCY MANAGER~ FINANCE DEPARTMENT: CLERK OF BOARD ADMIN: INPUT BY: REVIEW PROCESS B.A. NO: DATE IXICUTIVI! SUMMARY REQUEST THE BOAKD AUTHORIZE TIRE CHAIRMAN TO EXECUTE AN ESCROW /~GREEM~NT FOR PAYMENT OF FUNDS PREVIOUSLY AUTHORIZED. ~ To gain Board approval for Chairman to sign an F.K:tow Agreement for deposit and subsequent payment of funds for funds previously authorized on February 25, 1997. CONSIDERATIONS: On February 2:5, 1997, (Agenda Item 16 B (4)) the Board approved an expenditure of $127,180.00 for a water main extension and roadway improvements to Onmge Blossom Drive. in that Agenda Item, Staff inadvertently neglected to include the authorization of the Chairman to sign the Escrow Agreement. This Agenda Item is for the express purpose off,ranting the Chairman authority to sii:n the Escrow Agreement so that funds may be drawn and deposited to the Escrow Account for payment to the Contractor. Both the Transportation Services Department and the County Attorney's Of Hce have revie~ved the Escrow Agreement and take no exception to it. FISCAL IMPACT; No new fiscal impacts. Funds were approved previously on February 25, 1997, in Agenda Item 16 B (4). GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATIONS, '~,at the Boa~ authorize th Ce~hairman to sign the Escrow Ag~tement. PREPARED aY-' ~/~ ~, ~.'. ~.--. ~ . ~ ',, ' I ~' ' '~' ~ ~- ' ~1~. -~ '.~' .' / Edward kK.~ P~~.~gin,r "' Rb~iEWEO a~~/ . DA ~ ~/(7 Edg~?D.~Tsch~r, .Ir., P'Gblic"3,r~rtL~A"d~ / / HAY (1 6 I~J7 ORANOE BLOSS CONST UCT O r_,sc o Tm.~ AGREe, dated the ~ day of , 1997, is by and among The Board of County Comm~sloners of Collier County, Florida, as the governing body of Collier County, and as Ex-Officio, the governing Board of the Collier County Water- Sewer District, ("County"), Touchstone Development of Naples, Inc., a Florida corporation, ("Touchstone'), Centex Homes, a Nevada General Partnership "(Centex"), Wilson, Miller, Barton & Peek, ("E~gineer"), and Kelly, Price, Passidomo & Siket, ("Escrow Agent"). ALI of ~he parties to this Agreement, except the Engineer and Escrow Agent, arc collectively referred to in thh Agreement as Owners. RECITALS: A. Touchstone is the developer of a cemin residential real estate development in Collier.County, Florida, known as Calusa Bay. Calusa Bay is located on the northeast comer of the inter~ecfion of GoodleRe-Fmnk Road and Orange Blossom Drive. In connection with said development, Touchstone will be constructing cerlz.in improvements on Orange Blossom Drive consisting of turn lanes and an entrance into the Calusa Bay development pursuant to plans and specifications prepared by Engineer. B. Centex is the developer of a certain residential real estate development in Collier County, Florida, known as Autumn Woods. Autumn Wood~ is locked on the southe~ corner of the intersection of Goodlette-Frank Road and Orange Blossom Drive. In connection with said development, Cen~x will be constructing certain improvements on Orange Blossom Drive consisting of turn lanes and an entrance into the Autumn Woods development pursuaat to plans and specifications pxcpared by Engineer. C. In addition to the improvements to be constructed by Touchstone and Centex as &:.scn'b~ above, County wishes to construct paved road shoulders, a we~bound right mm lane, sidewalk' impr~,ement~, pedestrian upgrades to the exi~,ing traffic signal at Orange Blossom Drive and Goodlette-Frank Road and the completion of a water main between the ends of two existhg water mains along Orange Blossom Drive (herein rufern~ to as "additional improvements'). D. County, Touch.V,o~ and Centex desire to provide for the concurrent construction of all of the said improvements including the additional improvements and thc design and permitting of said improvements, and inspection of ~aid construction by Engineer, ~long with the escrowing with Escrow Ageat of thc funds necessary for such constraction, ~I1 under the terms and conditions ~,s sci forth herein. . E. County, Touchstone and Centex have each agreed to fund the. ix respective portions of said improvements in the amounts set forth below and under the t~rms and conditions as set forth herein. IN COI~IDERATION of tl~ premises and th~ mutual benefits obtained, the parties agr~ as follows: 1. Owners will deposit with the Escrow Agent the following sums in connection with construction of each of their respective portions of the improvements, as determined by Engineer, as follows: County (roadway and water) Touchstone (roadway and entrance) Centex (roadway and entr',u~ce) $109,780.00 $ 40,000.00 $ 55,000.00 The Escrow Agent shall deposit the escrowed funds ia an interest bearing escrow account in a federally insured institution. Interest shaLl accrue to the benefit of each Owner in proportion to that Owner's contribution to the escrow. Any funds remaining in the escrow account after completion of the aforesaid improvements, shall b~ disbursed to the Owners in the same proportions as the deposits made by each Owner. 2. The said sums as provided ia paragraph I. above include, without limitation the construction costs of all of the improvements. 3. Touchstone agrees to negotiate a Construction Contract ia a format and with American Underground Company under terms as approved by Centex and County for the construction of the improvements contemplated herein. A copy of said Construction Contract shall be attached hereto. This F..serow Agreement should be interpreted in conjunction with the Construction Contract. Touchstone shall act as the Project Coordinator with the contractor named ia said Construction Contract in connection with the construction of said improvements, provided, however, Touchstone shall not be held liable for any defects in construction or negligence by the contractor in connection with the said construction, it being the parties' intent that Touchstone is not acting as a general contractor and is only acting as Project Coordinator for no compensation and as an accommodation to the parties in order to coordinate the concurrent construction of ~tl of the improvements. Page 2 of 8 4. The Escrow Agent is authorized and directed to disburse the funds deposited hereunder in such amounts as contained in the written direction from the Engineer, pursuant to the Construction Contract to: a. Pay costs of construction of the improvements; and be Obtain release and satisfaction of liens and other encumbrances, if any, pursuant to statements of amounts due which must be approved by the Owners. 5. Prior to each disbursement authorization to Escrow Agent, the Engineer shall certify to Owners and the Escrow Agent the work has progressed to the point indicated and materials are in place as indicated by a request for payment of the contractor named in the Construction Contract. Engineer will make semi-monthly visits to the site to observe the progress of the executed work and to determine, in general, if the work is proceeding in accordance with the Construction Contract and this Agreement. Engineer's efforts will be directed toward providing for Owners a greater degree of confidence that the completed work will conform to the Construction Contract and this Agreement. On the basis of such visits and on-site observations as an experienced and qualified design professional, Engineer will keep Owners informed of the progress of the work and will endeavor to guard Owners against defects and deficiencies in the work. 6. Disbursements shall be monthly in accordance with the terms and conditions of tiffs Escrow Agreement and the Construction Contract. furnished: Prior to the fa-st disbursement of funds hereunder, the Escrow Agent shall be a. A sworn Owners' statement disclosing ail contracts entered into by the Owners and setting forth the names of the contractors, their addresses, work or material to be furnished, amounts of contracts, amounts paid to date, and balance due, if any. furnished: Prior to each disbursement of funds hereunder, the Escrow Agent shall be a. A sworn statement from the contractor setting forth all contractors and material men with whom they have contracted, amounts of contracts, amounts paid to · date, amounts being requested, and balances due, together with the names of all persons, fLrms or other entities who have given a Notice to Owner. b. A sworn statement from the Engineer setting forth contracts to be paid, amounts to be paid, together with the names of ail persons, f'm,as or other entities who have given a Notice to Owner, as provided in Section 716.06(2)(c) of the Florida Statutes. Page $ of 8 HAY n 6 1997 ,~.~ c. An approval by the Owners of the re4uest~d disbursement. d. Sufficient funds in the escrow account to cover the requested disbursement, and to pay for approved extras or change orders for which waivers have not been deposited and for which funds have not previously been deposited. e. Statement, waivers, affidavits, supporting waivers and releases of lien (if neccssa~) satisfactory to Escrow Agent. The Engineer shall obtain lien waivers or partial lien waivers, as appropriate, from the contractor and from each sub-contractor or materialman who is made known to the Engineer. 9. All disbursements for construction purposes will be made payable to the contractor named in the Construction Contract. I0. Any approvals required to be obtained from County, .as contemplated by the substance of this Agreement, may be executed on behalf of the County by F. dward $. Kant, P.E. 11. In conjunction with the final disbursement of funds hereunder, the Engineer shall obtain and supply to Escrow Agent a sworn Owners' statement disclosing the various conuacts entered into by the Owners and setting forth the names of the contractors, their addresses, work or material to be furnished, amounts of contracts, amounts paid to date and balances due, together with evidence of payment, and a Contractor's Final Affidavit and Release of Lien, along with final releases from all subscontractors, suppliers, materialmen who gave Notices to Owner. 12. If the Engineer or Escrow Agent discovers a misstatement in an affidavit furnished by the contractor or Owners, it may stop disbursement until the misstatement has been corrected. 13. The functions and duties assumed by Escrow Agent and Engineer as to this Agreement include only those described in this Agreement, and the Escrow Agent and Engineer are not obligated to act except in accordance wit the terms and conditions of this Escrow Agreement. 14. Neither Escrow Agent nor Engineer shall be responsible for any loss of documents or funds while such documents or funds a.re not in its custody. Documents or funds deposited in the United States Mail shall not be construed as being in the custody of the Escrow Agent or Engineer. 15. In the event conflicting demands are made against any funds held* in escrow, F..scrow Agent may pay said amount to Owners jointly, and thereby terminate any liability therefore under this Agreement. Owners agree to indemnify Escrow Agent against all damages, expenses and costs, including attorney's fees, incurred by Escrow Agent as a result of claims Page MAY n B 1997 made by third parties to said escrow funds or as a result of claims made by third parties against Escrow Agent for wrongful disbursement of escrow funds, unless Escrow Agent l~s acted with will.ful misconduct or gross negligence. 16. This Agreement shall be construed under and in accordance with the laws of the State of Florida and ail actions brought hereunder, whether at law or in equity, shall be brought in the Circuit Court in and for Collier County, Florida. 17. References to this Agreement shall include any amendment or renewal ~hereof. 18. In the case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this Agreement shall be construed as if such invalid, illegal or unenforoeable provisions had never been contained herein. 19. This Agreement supersedes any prior understanding or written or oral agreements between the paxties respecting the within subject matter. 20. This Agreement contains the entire agreement of the parties with respect to the subject matter, and no amendment, modification, or waiver of any provision hereof shall be valid unless in writing and signed by the parties hereto. 21. Whenever any notice is requLred or permitted to be given under any provision of this Agreement, such notice shall be in writing, signed by or on behalf of the party giving the notice and shall be deemed to have been given when delivered by personal delivery or mailed by certified or registered mail, postage prepaid, return receipt requested, addressed to the party or parties to whom such notice is to be given, as follows (or at such other address as shall have been stated in a previous notice similarly given): Collier County Board of Commissioners Collier County Government Center 3001 Tamlami Trail East lffaples, Florida 34112 Attention: F_.dwaxd ~I. Kant, P.B. Touchstone Development of Naples, Inc. c/o Calusa Bay 6900 Goodlette Frank Road North Naples, Florida 34109 Attention: ~ames P. Wallace Page $ of 8 Centex Homes 6702. Lone Oak Boule-yard Naples, Florida 34109 Attention: Thom~ J. Wegv~rt Wilson, M~ler, Barton & Peek 3200 Bailey Naples, Florida 34105 Attention: Norm~.n Kelly, Price, Pa~sidomo & Sik~ 2640 Golden Gate Parkway, Suite #315 Naples, Florida 34105 Attention: KatMeen C. Passidomo, Esq. 22. if' any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevnili~g party sh~ be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 23. In the event of any dilute as to the pr~:is~ meaning of any term contained her~in, the principles of construction and interpretation that written documents be construed against the party pr~aring the same shall not be applicable. 24. This Agreement is intended for the benefit of the Owner, Escrow Agent and Engineer only and no other parties shall have any claims ns intended beneficiaries hereunder. IN WFFNF_~S ~F, the parties hereto have set their hands and seals on the day and year first above written. ATTEST: Dwight Brock, Clerk HAY n $ 1997 BOARD OF COUNTY COMMISSIONERS OF COLLr~'~R COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO, GO--C, BOARD OF TI~ COLLIER COUNTY WATER-SE~ DISTRICT By: , T'm~o~hy L. Hancock Approved as to form ~nd leg~I sufficiency Its: Chairman Assistant County Attorney Witnesses: E DEVELO~ OF .: MAY n 6 1997 Wimcssc$: (t~t~ Namc) (Witness (Printed Name) CF2qTEX HOMES, · Nc'veda Gcr~r~ Pazmcnhip, It's Gcncrel Panner. C~ REAL ESTATE CORPORA'lION, a ~c~oqaoration: Its: Division President rimed Name) Witn~ Print~ Name) WILSON, MILLER, BARTON & PEEK: By. '~ '~~~ Its: Senior Vice PrUdent & C.O.O. PRICE, PASSIDOMO & SIKET: Its: ~~o HAY n 6 1997 Standard Form of Agreement Between Owner and Contractor where the basi~ of ~o~nent 1~ a S TIP ULA TED ,.gUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULT/ITION ~TI'H AN A2TORNEY IS ENCOURAGED WITH ~PECT TO I'I?X COMPLETION OR MODIFIC,4TION. The 1987 Edition of AIA Document/(201. General Co~lltiont of the Contract for Corutructlon. It adopted in tht~ documttnt by reference. Do not u.vt with other general conditlont unl~s ihtr document l~ modifiea' This document has been approved and endorsed by the Associated General Contractors of America. AGREEMENT made as of the lSth day of April Nineteen Hundred and Ninety.seven in the year of BETWEEN the Owner: Touchstone Development of Naplee, Inc. 6900 Goodlette Road N. Naples, FL 34109 and the Contractor: AM~C~ UNDERGROUND UTILITIES, INC. 4584 ENTERPRISE AVENUE, UNIT #1 NAPLES, FLORIDA 33942 The Project is: Goodlette Road - Orange Blossom lmprovemeuts 6900 Goodlette Road N. Naples, FL 34109 The Engineer is: Wit~on, ?~liler, Barton and Peek Suite 200, 3200 Bailey Lane at Airport Road Naples, FL 32801 The Owner and Contractor agree as set forth below. A~ADOCUMENTA101 · OWNER CONTRACTOR AGREEMENT · TWELIrI'HE~ ' AIA . 1967 THE AMERICAN INb"TITUTE OF ARCHITECT~, 17~i NEW YORK AVENUE, N.W., WASHINGTON DC 20006 THE CONTRACT DOCUMENTS The Con'.faa Documents consist et'this AgreemtnL Conditlon~ of thc Con~'act (C~mer~. Supplemenmr~ ~nd other Conditior~). Drawinl~ Specifications. Ad~e~ta luued prior to execution of this A~'eement, othe~ do."mnem~ listed in this A~-en~ent and Modifications itn.'ed fret execution of thls Atnx'ment; these rotm the Conu'act. aad ate as Rally I p~l et'the Contract u ifattached to this A~ten~nt o~ mpea~ed het~in. The Conlract represenu the entire and in!e~rated a~-~ent betw~n the partl~ hemo and ~upet~ede~ prior nelofi~oe.s. represen~ions or s~reement~ either written or oral. An enumeration ofthe Co, tract Documents, other than Modiflcuions. apptw~ in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Cont~-'tor s~ll execute the entire Work de~rlbed In the Comza~t Documents. except to the extent spectflcafly indica~d in the Comract Do~m~nt~ to be the responsibility of others, ot as follows: GOODLETT£ ROAD . ORANGE BLOSSOM IMPROVEMENTS ARTICLE :t THE WORK OF THIS CONTRACT 3. J Tbe d~e of commencement ts the date f-om w~Jch the Contrac~ Time of pw~rapb 3.2 is meazm, cd, md shah be the date of thi~ A~'eeme~L as tim wr~t~a ~bove, unless a different date is smed below oe provLflon is made for the dame to be t'txcd in · no,ce m proceed Date ol Notice to proceed by ovmer. Unica3 the date of commencement is es~.ablished by · ~otice to proceed ~ by the C)~qmet, tiN= Contm:t~ shall notify the Own~ in ~king not less ~ five day~ before commencing the Wodt to pcnalt the timely filing of~ mechanl~s liens aad cKbet ~ecu:rit7 inm'es~ ;3.2 Thc Conlric:tof sh&il m:hlcve Subsm~tM Completion of ~he cadre Work col lam. ~ June :3. 1997 , mbj~x:t to adjustmc~- ofthis Coeuact ~ as provided in the Contract Do~anan~. ARTICLE 4 CONTRACT SUM The O~et shall pay I~ Con.actor in cu~t 1~ ~or ~e Con~o~s ~o~ce e~ ~e Contra ~e Contract Sum of T~ Hundred, Four ~nd, Se~n Hund~ and Elgh~ Dolla~ (S 2~,780.~ ~H~ ~ ~e Con~ 4.2 ~e Con~ Sum ~ b~ u~n ~e ~ollo~n~ ~t~ i~ ~y, ~ich ~ d~b~ in ~e Con~ D~mcn~ ~d ~ h~by ~is ~n~ sum Is bas~ on ~ foxing amo~tt de.sited In an es~ a~un~ Tou~stone Development of Naples, in~ $ 40,~.~ Centex Co~. 55,~.~ Collier Coun~ 1 ~,780.~ If any party refused lo enter In their portion of the esrow account, then, those improvements will be deleted from this contract es delcribed in Exhibit A end Section 4.2. of this contract. 4.3 Unit prices, If any, aze az follows: Exhibit A (Unit Prices) 4.4 Chanee Orders: ,MI items added and/or changed lo Exhibit ^ will be approved by Wilson, Ivlillct, Ba~on ~nd Peek in writing by Change Order prior to comzncncement orr work. Wilson, Miller, Barton and Peck will approve all change orders with Touchstone Devleopm~t or'Naples, Inc., Centex Corp and Collier County. AtADCX:;UI~ENTAtOl · OWNER CONTRACTOR AGREEMENT * TWELFTH~ · ArA - 1967 THE AMEFUCAN INSTITUTE OF ARCHITECTS, 173~ NE'qN YORK AVENU~ N.W. WASttlNGTON DC ~ PROGRESS PAYMENTS B~d upon Applications for Ptyr~nt mbmiued {o ~c ~ ~ · c ~ ~{ ~ pm~ pa)~ on ~t of~e C~ Sum ~ ~.2 ~e ~ ~d ~ ~h ~llotion f~ Pa~gnt ~1 ~ one follo~: Refer lo 5.3 ~.3 Provided nn Applic:~flon for Pa)me. ut is received by the Owner eot ~ than the 25t,h d~ of n mond~ slxallmakepsymentgomtY~esc~wnccountto~¢Contracmrnotl~mrthsnth~ 'lOth d~ foih:wving month. Ire Applicafio~ for Pa)~nent is received by the Owner ~ the applicagon date fixed d>ove, paTmcnt shall be made by the Own~ f~m the e~' account not lam' ~ ICh (10) days a/tot the Owner reccivcs the Applkafion for Paym~nL Note: ~11 spplic~ulons for ai~p~v~d by Wilson. Miller, Barton aad Peek. ~.4 Each Applicsdoo for Paymeat shall be b~sed upon b'~ Schedule of Values submita:d by Conlr~-~or in accordan~ with the Comrac~ Docum~ts. Tb~ Schedule of Valucs shall allocaIe the entire Con:ra:I Sum an{ t¢ various portions of the Work ed be prc~ i~ such form aad suppeacd by such d~ta to mbmnflat~ i~ accuracy u the Owner may rcquL-c. This Schedule, ~mlcs~ objcclcd be used as a basis fur r~iewin{ the ContractoFs Applicatioa for PaymenL [.~ Applications for P~yment s~ll indicate the pacent~,e of completion of each potlton of the Work ss of thc er~d or,he pu'iod ~xrvemi by the Applicatiou for Payment ~.6 Subjecm to ~e provisions of the Contract Documents, the amount of each prolress pa)reneer shall be c~ ~ foll~ $.$.1 Thsa dls~ po~ion of the Contract Sum p~ allocable to completed Work ss determin~ ~' m~gp~n{ ~ ~e ~:omple~lon ofesdl po~ion of 01e Work by gme share orb'me to,sI Conil'lci Suni allocated to tbst portion of the Work in Ihe Schedule of Values, less r~m of TEN pe~¢nt ( i0 %). eom in d~ may ~ {nclvd~ a~ provld~l in Subparqraph 7.3.7, of thc General Co~itions even Ihough ~h~ Comra~ Sum bas no~ )mt been $.$.2 Agd d~t portion of ibc Contract Sum p~l~rly allo~able ~o main'Isis and equlpment d~li'm'ed aod sukab~ ~ ~ ~ ~ ~ a~xt upon in wrtttnt~, less ,~as~ of TEN pen:em( 10 %); ~.$.3 Subimct ~e ~ oflx-~vio~ ps. neats ma~ by the Ovmer;, and ~.~.4 Sutm-act amounls, if any, for which the Owm:r bas wtlhheld or nullified a Cemmiflca~ for Payment as provided in ~ 9.~ of 5.8 Rm'u~m or limimton of rv~inn~ if any. shall b~ as follows: ARI~CLE 6 FINAL PAYMEHT Sabl~r~lr'q~ 12.2.2 ofd~ Ggn¢~ Conditions and to satisfy mba' r~luimment~ If any, which nect&~417 sun. ire final payment; and (2) · 6hal Cenifl~ t'o~ Paymem has been tssued by I~e A~bimc~ sm:~ t~d pa~nnatt shall be n~d~ ~ ~ ~ ~ ~ ~ 30 ~ ~ ~ issuance ofdm A~hi~-~'s final C~niflc~ r~ P~yment, et as follows: See ArUde 5.8 ^R~CLE 7_ MISCELLANEOUS PROVISIONS 7,1 ~ rgfe~-e~ce is made in this Agrgement to a provision of the ~ Conditions or another Contract Document. t~c rgfcrcnc~ rgfg~ m ~bat provision ~ amended or supplemented by other pmvi~ons of Ibc Conifer Docume~ 7.2 Paymcnu due and unpaid under the Conlzn~ shall be~r lntr~es~ ~om the date payments is due al thc rme stntcd below, or in the absence thcrco~, at the Icpl rate prevailing Il'om time to time at the phce where ~¢ Projec~ is located. 1% 7.3 Other provisions: NONE 8.1 8.1 ARTICLE 8 TERMINATION OR sUSPENSION The Con~zact tony be tcrmimucd by the Owner or the Contractor u provided in Article 14 ofthe General Conditions. Thc Work may be suspended by tho Owne~ as provided in Article 14 of the General Conditions. AIAOOGUMENTAI01 . OVVNERGONT~Y~~ · TWELFTH~ · AJA · lg87 THE AMERIC.a~ INSTITUTE OF ARCHfTE~. 17~ NEW yORK AVENUE, N.W, WASHING. TON DC 20006 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.'! The Conc'a~ Documents, e. xr, ept for Mo~[~icatJon~ Issu~ a.fi. et ~ion o~this ~mk ~ ~ ~ follo~: g.~.~ ~e A~t il ~[s ~ S~d~ F~ ofA~ B~ ~ ~d Con~or, ~ ~t Al01, 1 ~7 ~iti~. 9.1.2 ~e o~ Conditions ~ ~e G~ Condltio~ of~e Con~ fm Co~o~ ~ ~m~t ~01, 1987 Ediflo~ g.~.~ ~c Suppl~cn~ ~d o~ Conditio~ of ~e Con,ct ~n~n~ ~ ~e Pmj~ M~ dated ~d ~ u ,olios: Deeament ' Title pales Wllso~, Mlfler, Barton end Goodlet~e Road. Orange Blossom Reference # Peek Engineering Drawing Improvementl P - 469 9.1.4 The Specifications a~e tho~e con,ned in the Project M~nual ducd as in Subp~u'agraph 9.1.3. and axe L1 follow's: Aa per plans by Wilson, Miller, Barton and Peek A~ADOGUiMEHTA101 · OWNER~ORAGJI~.EMENT . ~EDITiON · AJA · 1~7 TH~ AI~flJGAN I?~TITUTE OF ARG~T~GTS, 17~ i~W YORK AVENUE. N.W., WASHINGT~ ~ 21XX~ 9.1.5 The Ornw~U Refer to 9.1.3 unless a differs-hr date is show~ below:. g.l.(~ 'l'nc Addenda, if&ny, are as follows: E3d~olt A ])ate Pn&,es Portions ofAddcnda ~Jattn$ to blddiag requirczncmz s~ not pan oftbe ~ ~)ocum~u ~cas I~ biddinI ~ irt lbo enunx=rsmt In ~s Ardck 9. This Ai'r~cmcnt is cmcrcd into ts of thc thy ~Ad ~ first wriucn ~x, ve and is cxccuzccl in et lust LTu'CC orii~n~l copies in ~ich one is m be delivered to ~he Coflu~:tor. o~e to ~e Architcc~ for use iff ~e Adminisa~fofl of'the Coflu'act, end ~he rcn~ndcr to thc Owner. CONTRACTOR A&AIX)CUMENTA101 ' O";~.,RCOINTII, ACTORA~--~.T . l'WF. LFTHEI~llON · AR · 1~7 THE~ I~S~ OF ARCI'IIT'ECI'~ 1~ NEW YO~C AVENU~ N.W., WASl'aNOTON DC 2000~ mar n 6 1997 3JO0 AMERICAN UNDEROROUND UTILITIES, INC. 4S84 £nl~t~tsa Av~, L/nfl 1 ~S, ~ORIDA 341~ :OH~ ~UO~OD4 (941) ~1922 / F~ (~I) ~3-24~0 eOU-CO41533 i 4 - GOODLETT~ ~O ~ _~~'15 97 ..... J~ ~AF TURN LA~E , FL, 33942 ~. rUiN L~E ............... NOTE: ........ . .... aJ sr~ OUT, p~R~zr$~..A~-~-.~.EE~_.Ef..~y~ .......... ASPHALT RE ' , ... ~D$ SAb, I CUT'4 vi sop EJ RCp j~ ~J! ~ropo~ ~eraoy to furntart material and lal:)or -- complete In u':OrdlnCl wi~ at, or.! sl:~cal~on$, tot In. ~u,~ ;t L UtaP ~UM . · I *'~q~OL~,yo,~,u~,~,:'' '....~.._ r,L_ -' ,,,: ~o.., PAYMENT DUE ON lOTH ~ ~.~_~ '~ 'w'~,--,~m,r .~,..~w _' - _?"~ n" "'"'~ %. °""'~'~,'~'27.--~~ """"' '""~ ~ ~-----:=~----- J~P # DE $CT~ : P T : ¢ti 4ZS..I..SZ ! IL$ IL$ 3254 ~ $125 ~ ~743 ~ 33S ~ 467 ~ S~ 1105 ~ 2471 ~ 2776 ~ 14~0 ~ 140 ~ O~ 5500.00 fJO0.O0 11713.~0 6.20 2.00 5.75 3.00 ~.75 ~.75 I.O0 1200.00 575.00 77.50 ~0.o0 700.00 950.00 ~250.00 16.00 25.00 0.~ t.25 ~200.00 I475.00 7250.00 47.00 23.00 2~.~0 7100.00 2500.00 : 3500.00 9300.00 11713.~0 6671.20 ~394.00 75772.25 15375.00 ~3029.25 1597.25 4200.00 ?ZO0.O0 2175.00 I172.50 2200.00 ~500.00 1900.00 7250.00 21t10.00 1~0.00 ~77.75 1200.00 4500.00 Z?SO.O0 1250.00 940.00 335~0.00 3990.00 7100.00 0.0o 20~7~0.00 HAY n 6 I997 EXECUTIVE SUMMA RY AWARD OF CONTRAC"F FOR MARCO ISLAND INSTALLATION AND MAINTENANCE BID 97-2656. LIBRARY LANDSCAPE That the Board of Collier County Commissioners award a contract installation and maintenance at the Marco Island Library Expansion project. CONSIDERATION.._ for landscape Bids for construction of the Marco Island Library Expansion Bid 9%2643 were opened on April 11, 1997 and recommendation for award of'the construction contract to Wallace . Wilkes, Inc. did not include landscape installation and maintenance. Historically, landscaping is installed as part of the overall construction project and then turned over to the County's landscape maintenance contractor. Because of the special needs of newly installed landscaping, this process has not worked well for previous library locations. Further, since the landscape installation firm is responsible for the viability of the plantings a one-year responsibility for all landscape plantings and maintenance has been made a requirement for this procurement. For this reason, landscaping was separated fi.om the building contract. The first year maintenance cost of $14,.~ is included in the project cost. Bids for landscape installation and maintenance were received fi.om four firms. Total base bids were: Hannula Landscaping Company ................................................ Michael Todd Company ............................ .$141,013.00 Turner Tree and Landscape ...................... ' ............................. 148,500.00 Rainbow Landscaping ...... ' ............................... 149,979.25 ....................................................... 160,704. l 1 The lowest bid is within the landscape architect's estimate of $153,000.00. Copy of the bid tabulation sheets are attached. It is. recommended that selection for award be made to Hannula Landscaping Company for $141,013.00 based upon review and approva/of the contract document by the Coumy Attorney as to form and leg, a/sufficiency prior to execution of the contract. ~-~/ HSCAL IMPACT~-.- Fund 355 Cost Center 156160 Pro, ecl No. 80254 ~= Ag~nd t i i / Executive Summary Pase 2 Because funding for the first years maintenance are operating expenses, they cannot be paid from impact fees. As a result, $12.6,0,$ of' the contract will be funded by the Commercial Paper Progj-am Loan approved by the BCC on April 22 and $14,968 will be based on the Board's commitment as part of' this approval to budget and appropriate the operating funds in the FY '98 and FY '99 Libr~, operates (001) budget. GROWTH MANAGEMENT IMPACTi Consistent with the level of service requirement for tile Library Building Capital Improvement Element. That the Board of County Commissioners authorize the Chairman to execute the Marco Island Library Landscape installation and maintenance contract after review and approval by the County Attorney as to form and legal sufficiency with Hannula Landscape Company for $141,013.00. SUBMITTED BY: KEVIEWED BY: -- "'":" ' /; /' ""':/-- Date: Thomas A. Donegan, P.E.,.Pmject Manager Offieeo£Capital Projects Management _. ,>.(..-..."/, [.-x. Da, e: Adolfo A. Gonzalez, P.E~.; Direc'tor Office of Capital Projecis Management Date: .E ~ '-:. c~ u.] ~ Agend~ .%~,em~m~ MAY 0 5 1997 ~ pg. 11 _ lilY 0 6 1997 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE TIlE ATTACHED BUDGET AMENDMENT FOR IMPROVEMENTS AT THE GOLDEN GATE AQUATIC FACILITY. Objective: That the Board of County Commissioners approve the attached budget amendment transferring funds from Fund 345 Regional Park Impact Fee Reserves for improvements at the Golden Gate Aquatic Facility. Considerations: Previously the Board of County Commissioners approved the purchase and installation of a three meter diving board. The diving board funds were approved in FY 1996 from Regional Park Impact Fees Reserves. The diving board funding was $1 $,0000. Funding was approved at the close of the fiscal year and the funds wen: not encumbered by the close of the fiscal year. A cost savings in the amount of $5,000 was realized as the board and installation was $10,000. The second improvement is to purchase and install inserts to raise the one (1) meter diving board at the facility. The facility is the home for two (2) High School swim teams for their regular season competition. After the facility was constructed the Florida High School Athletic Association instituted a new rule regarding dive starting from s~u'~ing platforms. The rule states that in order to dive from a starting platform the water must be a minimum of five feet. The Golden Gate Aquatic Facility has several lanes that do not meet that requirement. Staff has looked at several options and are recommending that the pool water level be raised during swim meets to meet ~fis requirement. This will enable the schools to utilize six (6) lanes for their competitions. When the water level is raised however, the one meter diving board does not meet the distance the board must be above water level requirement. Staff is recommending that inserts be purchased and installed to raise the bo~l approximately 6 inches to meet this height requimnent. The inserts have been designed by a structural engineer and approved by the HeMth Depamnent. The inserts are constructed of stainless steel and am estimated to cost $11,000. Fiscal Impact: The cost of the improvements is $18,000. A budget amendment would be constructed transferring funds from Fund 345 Regional Park Impart Fee Reserves to Fund 345-156382-763100-80044 Golden Gate Community P~k Competitive Pool Project. Growth Manngement: The Golden Gate Aquatic Facility is inventoried in the Collier County Growth Management Plan. Recommendation: budget amendment transferring funds from Fund 345 Regional Park Reserves for improvements at the Golden Gate Aquatic Facility. That the Board of County Commissioners approve the attached Murdo Smith, Recreation Manag~ Department of Parks end Recreation Reviewed and .~g~ ~l~f~ Approwxi by: ~ Maria Ramsey, Director {/~ Department of Parks and l~reafion Date: Review,~d and Approved by~~[j ~ Thomas W. Olliff, Adm.~'aYor Division of'Public Serwces BUDGET AMENDMENT REQUEST ~o~ sam ............. EXPENSE BUDGET DETAIL ~ incrcas--'-"'="~-''-'-- ~~ (~ccrcasc) Budget Budget Golden Gate Golden Gate 80044 Community Park Cost Center No. Competitive Pool Project No. Cost Center Title Project Title Expenditure ~enditure Increase Object Code Title 763100 Current Budget Budget Improvements- 18,000 82,000 General I00,000 TOTAL 18,000 Cost Center Title Cost Center No. Project Title Project No. ReVenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget TOTAL EXPLANATION Why nrc funds needed? Cart3' forward funds for3 meter diving board purchase and installation and to purchase inserts to raise the 1 meter diving board during swim meets. Where are funds available? Fund 345 Regional impact fee reserves. REVIEW PROCESS Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: No. HAY 0 6 1997 ''I EXECUTIVE SUMMARY R~COMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A LKASE AGREEMENT BETWEEN COLLIER COUNTY AND EAST NAPLES FIRE CONTROl. AND RESCUE ~: Recommendation that the Board of' County Commissioners approve a Lease Agreement be~m~en Collier County a~ Ea.tt Naples Fire Control and Rescue District tot shared use of Station #23 located at 7227 Isle of' Capri Boulevard, Naples, Florida. CONSIDERATION: The East Naples Fire Control ~ Rescue District ("District") h~t$ agreed to provide a portic~ of Station #23 located at 7227 Isle of Capri Boulevard to be used by Collier County's Emergency Medical Services Departmn~ ("EMS"). EMS ~I have sole use of'one (1) apparatus bay and the shared use of'the entire Fire Scuion faulty. T~ Lease term shall be for five (5)):ars ~th five ($) automnti¢ renex~ls of (5))~ars ca~. The District and EMS have the right to t~rminate the Lease Agreement, ~m~th cause, by providing the District with sixty (60) day ~witten nc~ice. EMS shall pay the District three hundred dollars ($300.00) monthly for all utilities. In order for EMS to operate at the Demised Premises, EMS will need to make improvements to the property estimated at forty thous, n~ dollars (S40,000.00). If the District should transfer or sell the Demised Premises at any time during the initial five (5)):ar term, the Dis~-ict shall reimburse EMS for a percentage of the improvement costs made by EMS. If the District vacates the property during ~ first ):ar, ~ District shall reimburse EMS 100% of.the total cost of improvements; the second ):ar, 80Y~ the third ):ar, 60%; the founh )'~ar, 40%; and the fiRh year, 20%. '~..eo E."~hs, .fr., .~dminVr' S,i~port Servic~ Division ~ Risk Management Department, Emergency Services Department and Office of' the Count). Attorr~, bave re~,~l - · ~..~L~: The monthly e~pense of'three hundred ($300.00) for utilities only shall be wit~dra~ from EMS ~-- fund number 490-144610, where available ~nds exist. The cost for needed improvements to ~ facili~, estimated at forty thousand dollars ($40,000.00) shall be withdrawn from EMS fund number 350-140470. GROWTH MANAGEMEN~: None RECOMMENDATION: That the Board of County Commissior~rs approve the Lcasc Agrecmcnt with East Naples Fire Control and Rescue District and authorize its Ci~irman to execute same. PREPARED BY:~ · ,DATE: V:'-//. ~' ~ . Michael II. Dowling, ~e~ P~ Management Depammmt REVIEWED BY: ' ' Diane Fl'agE, F..~e~ S~'vices Department Chief _DATE:,'] I~ ~'/] THIS LF-J~E AGREEMEI~T entered into this dayof .1997. between East Naples Fire Control and Rescuo Distric,.. an lmfependent $~-~'-~strict of the County of' Collier. Stxtc of Florida. created undc~ C'~er 65-1413 and 79-444. Laws of Florlda, and its successors, w~ose rrmilir~ address is 4791g Davis Boulevard, Naple~ Florida 34112, hereinafter referred to as 'LESSOR", and COLLIER COUNTY', a political subdivision otthe St~te of Florlda, whose mailing ~Mress is 3301 East Tamlsmi Trail, Naples, Florida 34112, hereinafter ref'~ aa WITNESSETH tn consideration of the mutual coventnt~ contained her~n, and other valuable consideration, the p~ies ag~e ts follows: LESSOR hereby leases to LESSEE and LESSEE hereby leases fb~n LESSOR one (I) apparatu~ bay (middle bay), her~intlter re~'erred to aa 'EMS I~t Ar~t". and the acoeas and us~ of the cntirc facility shall b~ sim-ed by LESSEE and LESSOR, herzh~r r~fen~d to ts "Shan~ Area", at Station ~23 which is located at 7227 Isle of Caprl Road. Naples, Florida, her~Lna/~ r~ferred to ts th~ "Demised Premises". LESSEE shall have sad hold the Demised Premises for · term of five (5) year~, hereinafter referred to ts the "Initial Term", con'unencing on the date in which LESSEE'S improvements to the Demised Premises at~ completed, her~inafler referr~ to aa "Conuntncement Dat~". LESSEE shaJl advts~ LESSOR. in writin& ofth~ Commenccment Dnte, Provided LESSEE Is not in default of any of the terms contained in this Agrcement, this Agreement shall be automatically renewed for an ~ddition~i five (5) year lena (u many u five (5) such additional five (5) ~ terms), upon the terms and conditions set forth in this Agreement, so long as neither LESSOR nor lESSEE shah give notice to the other of such pmy's election not to r~ncw this lease prior to the expiration of the then. existing Lease term. During any Renewal Term, the LESSEE or LESSOR may t~tninate this Agrv-~nent, with or without cause, upon sixty (60) days prior w~itten notic~ of'such tenniration to the other pray at the address set forth in ARTICLE 14 of this AgreemenL S~id noflca period shall b~ effective upon plncement of the ~it~en notice in tn official depository of the United States Post Office, Registered or Certified Mzil, Postag~ Prepaid, This Lease shall terminate upon transfer of ownership ~f the Demised Premises fi'om LESSOR to another person or et~tity. ARTICLE 3. tn lieu of rentil payments for the Demised Premis~ LESSEE shall provide emcrgcncy medical services when such need arises for the sole propose of protecting the lives ofclt~ens nd visitors of Collier County. In the event LESSEE elects to renew this Lcase., aa provided for in ARTICLE ARTICLE 3 shall rcaitin the same for tho Renewal Tcrm, LESSEE shall utilizo the existing utilities presently utilfzed by LESSOR rdch as, but not limited to, septic or sewer, water, [ncludinl potable water, eloctricity, telephone, janitorizl m'v~co, ~ and outdoor maintenance, hereim,'~ ref'en~d to aa '*Expenses". However, LESSEE agrees to pay, in lieu of'· pm rata sharu of the utility ~ thren hundr~l dollars (~00.00) per month to off-set said Expenses. LESSOR and LESSEE shall renegotfate LESSEE'S contrf'onffon to sam Expenses at each five (5) yenr reasonable incruses in those Expenses. At no time shll an annual increase be greater LESSOR shll provide LESSEE w~th the senount of' the inc~aae no hter alan thirty rencwal tcnn. A~T~CL~ 6. L~.~SEE'S Com~utlon f.or LESSEE acknowledses Ihet the LESSOR may sell the Property during the In, tied Term or during the Renewal Ter~s o£1his Agreement. In the event Iht LESSOR ac¢~ts t~ contract f.or Iht u~e o£the Propcrtr, the LESSOR shall noti~/LESSEE o£the sale by providing the LESSEE with writlen notice at I~ ninny (90) days prior to the actual clos~n8 date of' the PropertT, or earlier, if' po~le. The not~c~k)n clo~nj date o~' the Property Ilong with a ninety (90) day notice to v~cale. S~id notk=e shall be elTec~ive upo~ placement of the nodce in an o~cial deposhory of' the Untied Stalsa Post Or, ce, Rt'-gistered or Certi6ed Ma~'L Postage Prepaid. At the time of the execution of this A~menent, LESSOR, and LESSEE acknowledge that the LESSEE shall make improvements, additions Md/or ,Iterations, herdnaRer referred to u "Improvements" to the Demised Premises with an estimated cost in the vicinity of. forty thousand dollars (~10,000.00), he'elnaRet referred to u "Estimated Costs". If the LESSEE is required to vacate the Demised Premises u a result of. the sale of. the Property, the LESSEE s~d LESSOR alFee that LESSOR ~ reimburse LESSEE one hundred (IIX}) percent of.the actual costs incurred by LESSEE to complete the l~ts If'LESSOR sails the Property during LESSEE'S fir-~ yeJu' of. occupancy or the Demi~l Prendset £o]lowing the tint ~ of. oo:upancy, the v~due of. the Improvements will depreciate by tw~q~ty (20) ~ or the ICtual costs of' the Improvements for each yeLr during the ZrLhlal Term in w~ch the LESSEE occupies the Demised Premises. 'Z~ balance of. the actual costs shall be reimbum~d to the LESSEE aa de'~'n'hed below by LESSOR within thin7 (30) daT~ from the date in which the LESSEE Is required to vacate the Demised Premises. At such time, ~aid ]mprove~nents shaJI become the property of.the LESSOR. (based on the above-referenced Estimated Cost of'the Improvements being $40,000.00) First Year: £rom the Commencement Date 1997 to Ihe armivenary date ]~8, Imount reimbursed to LESSEE shall be 100% of'the actual cost (Estimated Cost is $40,000.00) Second ¥ce~: From armiversary date 1~91 to anniversary date 1999, amount reimbursed to LESSEE sl~ll be $0% of'the actual cost (Estimated Cost is $32,000.00) T~rd Year: From ~niversa..'y date 1999 to anniversary date 2000, amount reimbursed to LESSEE shall be 60% of'the actual cost (Estimated Cost is $24,000.00) Fourth Yam': From anniversary, date 2000 to anniversary date 2001, amount reimbursed to LESSEE shall be 40% of'the actual cost (Estimated Cost is $16,000.00) FiRh Year: From anniverse'y date 2001 to a~niversary date 2002, amount reimbursed to LESSEE shaJI be 20% of'the actual cost (Estlmatad Cost is $,8,000.00) No compensation sh~l be required for the improvements by LESSOR, or due to LESSEE, for the Renewal Term f.ollowln& the lniti£ Term of.this Agreement. ARTICLE 7. ~ Failure o£ LESSEE to comply v~th any provision or covenant of. this Lcese shall cormltute a default, LESSOR may, at its option, terminate this Lease aRer sbtly (~0) days written notice lo LESSEE, unless the default be cured within the notice period (or such additional time ts is reasonably required to con'~ such default). ARTICLE 8. Modi~cations to Demised Premise Prior lo making any ch~g~ alterations, additions or improvements to the Demised Pre~ LESSEE will provide to LESSOR ~1 proposais and piths for aherations, improvenents, changes or additions to the Demised Premises for LESSOR'S wrkten approv~ spedF/ing in writlnl the nature aod extent o~' ~e de, red £ter~tion, improvement, change, or addition, along with the conte~nplated ~rtln$ and completkm t~me for such project. LESSOR or ks designee will then have flirty (30) days w(~in ~d~ich to approve or deny in wrkJnl sald request for chen~s, imixovemen~ aha'~ions or add'nions. LESSOR ~ not ~ withix~ its consent to required or appropriate aheratlons, improvements, changes or additions proposed by LESSEE. If 2 NAY 0 $ EgTI alter thirty (30) day~ there has been no response rrom LESSOR or its d~gnee to ~d proposals or pi·ns, then such silence shall be dcemed ·s an approval to such request of LESSEE. LESSEE covenants and a~'ee~ In connection with any maintcr~nce., repair impro~L ·dditton or ~t~tlon of ~ ~t~ ~ifl~tionL additio~ Pr~ lo ~ ~ mmp~ ~h ~ t~ ~ ~tum appli~ble ~uimm~ts o~e U~I~ Sm~ o~ State o~odd~ ~n~ of Collie, LESSEE covenants and agrees not to u~e, occupy, suffer or permh said Demis~l Premi~e~ or any part thereof to be umt or occupied fbr any Purpose contr~T to law or the rules or regulations of~m/public authority. ARTICLE 9. Access to Demhed Premlse~ LESSOR. its duly authorized agents, representatives ·nd employee~, shall have the right ~qer reasonable notice to LESSEE, to enter into ~d upon the Demand Premises or m~y part thereof ~t ~1 reasonable hours for the purpose of'examining same and maldng rep~'s or janitoria! se~ce therein, and for the purposea of inspection * for compliance with the provisions of this Leue A~nent. ARTICLE I0. Assi_enment and Sublettln_e LESSEE covenants and a~'ee~ not to us~$n thls A~teement or to sublet the whole or any part of the Demised Premlsee, ot to permit any other pehons to occupy lame wtthou~ the written consem of LESSOR. Any such u~gru~ent or subletting, even whh the eon~nt of LESSOR. ~ not relieve LESSEE from liability for payment of rent or other sums herein provided or Rom the obligation to keep and be bound by the terms, conditions and covenants oftl~ A~'~'ement. T~ acceptance of pent from any other person shall not be deemed to be a waiver of any o~'the provisions offs Ag~ment or to be · consent to the uaignma~t of this Agreement or mblettlng oflhe Dem~xl Premise~. ARTICLE I !. Indemnity LESSOR shall inderr~F/and save harmless the LESSEE from and against any and all claims, actions and suits, and from and against any and all losses, damages, cost~ charge~ reasonable ·tton',eys' fees, payment, expenses a~d liabilitle~ which LESSEE may sustain or incur due to the negligent ·ct or omlss~on of LESSOR. LESSEE shall indemnJf~ sad save hermim the LESSOR from and against any and all claims, actions and suits, and from and against tm/and nn Iosse~ damages, costs, charges, reasonable attorneys' fees, I~ym~ts~ expenses and liabilities which LESSOR may sustain ot incur due to the ne~Jigent act or om~sslon of'LESSEE. ARTICLE 12. Insurance LESSEE shall take out and maintain during the course of this A~reement, or any renewal thereo~, comprehensive genera~ liability coverage including bod~y injury and property damage, pre~se~ and operations coverage, products and completed operations coverage, broad form property damage coverage, sutomobile liability coverage including owned automobiles, non-owned automob~es and hired automob~es and contractual liability coverage in an ~moum of not less than one mflflon and 00/100 dollars ($1,000,000.00) combined single limit~. These Insurance policy(ies) shall reflect LESSOR as an additional insured. If LESSEE fal~s under the Sate of Florida Work.s Compensation Law, covera~ shall be provided for all employees. The coverage ~ be for statutory limits in comprance with the applicable State and Federal iawt The policy mu~ include Employer's Liab~ty with · limit of one hundred tbous~d and 00/100 do~r~ (S 100.000.00) each accident. LESSOR dudl in no event be ch~ted with defauh in the performance of any ofhs obligatio~ hereunder unless and until LESSOR shall have Riled to perform such obligations within thirty (30) days (or such nddhkmal time u is reasonably required to correct such default) after notice to LESSOR by LESSEE prope~.y specff~i~ wherein LESSOR hu failed to perform any such obligations. 3 HAY 0 ?,/L997 A~T~Ct.E ~4, ~ An,/notice whic~ LESSOR or LESSEE may be requital lo ~v~ to tl~ other party shdl be in writing to th~ oth~' pray at the fo~lowln~ Iddre~: LESSEE: B(~trd ot'Coun~ Commi~on~ ~;01 Ttmia~d Trail P.~st Administration Buildln8 N'~des, Florida 34112 cc: O~ce of'the County Attorney Emcr~e~'~ Say,cos D~t. Chi~ LESSEE covenants and ~ to ddiver up L'Jd surrender to LESSOR possession of' the PreSses L~I s~/Improvemems made to t~ Dmdsed Premises upon expJmio~ of'thb Ajreaneat, ~ ~ eafli~ termln~tlon ~ herdn provided, broom d~n m~d in u ~1 condition ~ rep~k ~ the mine ~ Ix &t t~ comm~ement of' the term of' ~s A~,mnent or m~y here bee~ put by LESSOR or cominuaflce the~oC ordh~ry wur snd t~r LESSEE f~ly understands that the polic~ and law et~orcement __~__,rlty pr~ecdofl provided by h~ enrorcemem agencies to the Denfsed Premises is Ibnited to that provided to any oth~ lxtsiness or erency situated in Collier Court/, and LESS~ &daz:rwled~es that ~ qxx:inl ~ mcmsur~ detmed nccess~j, f~ sdditJorul protection of' t~e De.fed Prunbu shall be the sole responn"otTfl~/aAd co~ of LESSEE and shall involve no cost or expem, e to LESSOR. Prendses wt~.h would hTterfa'~ ~ or advene~ affect the operation or maintenanc~ of LESSORS standard operations where other oper~om sMre common ~ctlitlm. LESSOR grams LESSEE s~-,~val for pl0,cement of'signase, to b~ approved by LESSOR. at ~,,~,~ points of'the East Naples ~ Station No. 23. Sh~ld LESSEE elec~ to terminate this Aliment, with cause, LESSOR shll compensate LESSEE hsed on the c~3cuhtion formuhted in A~de 6 of this Ajrannent for those actuat costs tssochted with the Improve. meres made to th~ l~ised Pmnbet A~TICt.E 17. Eadnn.q~ Radon is a nltura~ occmyb~ ~ ~ t~ ~ # ~ ~~ h a ~ h ~ q~sflfitks, may p;;.~,; heath risks to pers~ who aru exposed to h ov~ flint t.ev~ of ra4on Federa/afld state guldeflnes bye beefl found bt buiJdingJ in Fkx~h. Addhloflal inibrnmioa ~ rmfon ard ARTICLE IS. This A~.anan shfJI heconu etTeafve upon execution by both LESSOR md A]LTICL~. 19. ~z~l~ This Agreement shall be Sov~rmd and comax~ in s,~-&mc4 w~th the I&ws o('th4 S,,,e of ~ IN WTT~..SS WI~IU;OF, the p~rtJes h4~,to hive hemmer m forth tl~ hands and s~lt AS TO THE LESSOR: AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Oeput~ Cledt EAST NAPLES FIKE CONTROL AND RESCUE BOARD OF COUNTY COMMISSIO~ COIl. lEK COUNTY, FLO1U~A BY: TIMOTHY Appraved u to form and HAY 0 6.1997 EXECUTI~,~ SUMMARY RECOMT~fENDATION TO AWARD BID ~)7-2552, "TIRES, TUBES, AND RELATED SERVICES." ~E: Obtain approval from the Board of County Commissioners to award Bid/97- 2662 to specified tire dealers for purchase of tires, tubes, and related services required for County vehicles and equipment. CONSIDERATIONS: Collier County Fleet Management spends approximately S75,000 - $85,000 annually for tires, tubes, and related services. The current tire contract expires on May 10, 1997. Bid invitations for Bid/07-2662 were posted on April 2, 1997, for a new two.- year contract with an option to renew for an additional two years on a year-to-year basis. Inquiries were sent to ten prospective bidders. Four responsive bids were received and opened on April 16, 1997. As a bid requirement, all bidders must provide tires at the Manufacturer's Net State Price List, less discount as stated on the State of Florida tire contract. With tire prices being equal, the bidders competed in four general areas: service rates, service call rates, alternate tire rates (when State Contract tires are not available), and tire easing credits. When the bids were tabulated (tabulation attached), the overwhelming award factors became service call rates and tire easing credits. A-Expert Tire & Service, Incorporated, was, at minimum, S7.50 per hour cheaper than other competitors for service calls dr,ring normal duty hours, which are 95% of total service calls. A-Expert's tire casing credit prices on recappable tires ,,'ere over 300% higher than the nearest competitor. With 60-70% of our used tires being recappable, the credits offered by A-ExpeR well be a substantial cost savings to the County. These two factors far outweigh any differences in service rates and alternate tire rates. With these considerations, A-ExpeR Tire & Service, Incorporated, is determined to be low bidder. A-Expert did not bid on alignments. This is inconsequential to the Board of County Commissioners since Fleet Management performs all alignments in-house; ho'*'ever, the School Board, as joint user of this contract, does require outside assistance for their alignments. The low bidder for alignments was Collier Tires and Auto Repairs, Incorporated. If this company will not honor the alignment prices as a single item award, then School Board Transportation representatives have agreed to conduct their own alignment bid. No company in our area h~ the capability to provide timely service to both the Naples and Immokalee areas. In this bid, A-Expert cannot provide timely services to Immokalee and the extra costs of service call charges would not be favorable to the County. Collier Retreading, Incorporated, is the only bMder that can provide timely services in the lmmokalee area. Considering thc above, the interests of the County would be best served by awarding Bid/97- 2662 to A-Expert Tire & Service, with the exception of alignments service/replacement requirements in the lmmokalee area; awarding alignments to Collier Tires and Auto Repairs, Incorporated: and awarding tire service/replacement requirements in the lmmokalee Area to Collier Retreading, Incorporated. FISCAL I'MPACT: Funds for tires, tubes, and related services in sufficient quantity to cover this contract are budgeted in Fleet Management Fund 521. GROWTH MANA~LT_I~.P_/~: None. RECOh~IENT)ATION: Award Bid ff97- 2662 as follows: 1) A-Expert Tire & Service, Incorporated, as primary dealer for all tire. s, tubes, and related services with the exceptions of alignments, and ti:'e service/replacement requirements in Immokalee Area; 2) Collier Tires & Auto Repairs, Incorporated, as primary dealer for alignment services; 3) Collier Retreading, Incorporated, as primary dealer for all tire service/replacement requirements in the lmmokalee area; All other bidders as secondary dealers for tires, tubes, and related services during temporary situations when primary dealers are unable to perform according to contract, as stated in the bid. Prepared By: ,,, Reviewed By: Reviewed By: Reviewed By: z ,t 't ./ · ban Croft, Fleetff~l~nager Skip Camp, Facilities Management Director St~ve4Camell, pUrchasing Director Leo Ochs, SupportServices Administrator // Date: Date: TABULATION FOR BID #97-2662 POSTTNG DATE: April 2, 199'/ -'r'u~s, Tubes & Related Sera. ices" [NVITATIONS SENT TO: 10 Vendors OPENfNG DATE: April 16, 1997 Page 1 of 2 ............................. ; .... p : ; '¢ ; >; '¢ i ' ......' VENDORNAME I"T',' ~t ~ I/~//,~/~/'/Cn'"/ I ~._.t.... ~j~ I ~.~'~'/o _ ...'.. =.'.; ........ '.': :~."~.~...... .............. : ............... A. Alignment Automobile - Front ~hccls Only Automobile - All wheels 13uses (up to 8S p~scngers) Light Truck - Front Wheels Only Lii~t Truck - 4 Wheel Drive Medium/Heav)' Truck ! Truck O-Beam Axle) g (per wheel) ~utomobile Ti~es Light Truck Tires (I 5",16",16.$") Medium Truck Tir~s (17, and up) Heavy Truck Tires (20" and up) C. Tlre Mounting Automobile (13" t~mu~l 16") Light Truck & Equipment 13" to 16.5") Truck & Equipment (17" to 24.4") Turf, Trailer, & ATV Tires (4" to 12") A~ricult~al Trac~or% D. Patch Tire Repair Automobile (13" through 16") Liiht Tru~k & Equipment (13" to 16.2") Truck & F.~iuipment (17' t~'oush 24.5") Tu~', Trailer, & ATV Tires (4" to 12") A~c~lt~al Tractors Rubber Valve Stems M~ta~ Valve Stems HAY 0 G ~ABULATION FOR BID #97-2662 Page 2 of 2 .............................. .... ' ..... .................................. .~.",.' .~'....'.-. ~, ~.~.~.....'. .......... ..~...' A. ~.t,~,...-~..-... F. Sen'ice Call Orlat Rate) A~er Normal Business Hours $ Alternate Tire Manufacturtrs Manuractur~r'~ Name MSRSP Discount ~ % C'~. -4- T.~ % Manufacturer's Nsme L.-e. MSRSP Discount ~ % . f_ ~,~' ~ 2= % Ivl~nu f, ctun-r's Name MSRSP Discount % ¢!Of:,'l' -4-2.T..~ % 9.00R20 $ 9.00/20 Bias Ply S 9R22.5 $ 9R24.5 S 10.00R.20 $ I0.00/20 Bios Ply S 10R22.$ S 10R.24.5 S 1 i.0 R20 S I 1.00/20 Bias Ply S ! IR22.5 S , I IR~4.5 S 12R22.5 S 12R24.5 Am t~o (2) copies oft~e most cur~nt prlcln{/dtscount lists for d~e State of , ~ contract eaclo~d? A~ two (2) copies of each Mfg's MSRSP listing ~closm~ Pmmp~ Payment T~ms: Addenda Acknowledged: '~o Bids" received ~rom: Credit for Tire Casings ,~/ :yes, no % ~days YES NO no I,"'/yes no ~s no N~t ~ days Net .,.-3'~ days .... YES, NO . YES. No __YES .._No HAY061997 N EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT AND ADOPT A GRANT AGEEEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY FOR THE PURCHASE AND INSTALLATION OF A RADIO TRANSMITTER AND BACK-UP POWER SUPPLY TO BROADCAST WEATItER INFORMATION FROM THE NATIONAL WEATHER SERVICE OFFICE - MIAMI. OBJECTIVE; To accept and adopt the attached Grant Agreement #97CP- 07-09-21-01-104 in the amount of $71,766.00 for the purchase and installation of a radio transmitter and generator to receive current weather, severe weather advisor/es and warnings from the National Weather Service Office in Miami. (~QN$1DERATION; As a result of the Emergency Preparedness and Assistance Trust Fund established by the Florida Legislature in 1994, Collier County applied for, and was awarded, a competitive grant in the amount of $71,766.00 to install a redundant National Oceanic and Atmospher/c Administration (NOAA) weather transmitter in cooperation with the National Weather Service. We will also install a 20KW generator and transfer switch to provide back-up power to the transmitter. At the present time, broadcast coverage from the National Weather Service Office - Tampa transmitter at the Lee County Emergency Operation Center is spotty to non-existent over southern and eastern Collier County. The installation &the transmitter on the FlIP tower at the west tollgate on Alligator Alley will eliminate this lack of coverage and provide vital weather information to our residents, guests and the more than 14,000 boat oxvners in Collier County. HAY 0 6 '1997 All items in the Scope of Work must be completed by March 31, 1998. If the grant agreement is approved, we hope to have the transmitter fully operational by mid August 1997. The National Weather Service estimates the annual cost of maintenance, electricity and telephone charges as follows: Maintenance agreement: $ 6,000.00 - $ 8,000.00 Electricity: 2,400.00 Telephone line 5,000.00 Total $13,400.00- $15,400.00 These cost will be borne on a continuing basis by the National Weather Service (NWS) if the transmitters are donated (after installation and acceptance) to the NWS and purchased by Collier County from the follow/ng companies: (1) Independent Technology, Inc. (INTEC) Scottsvill, NY (2) Energy Onix Hudson, NY If Collier County obtains the equipment from other than those listed above, the County will have to pay these charges on an ongoing basis. Once the grant documents are completed establishing funding and a tower survey is completed, the NWS will generate a formal "private cooperator" agreement to be executed by NWS and Collier County. F/SCAL IMPAq: None. The inkind services in the amo~mt of $145,400.00 shall b~ in the form of administrative expenses in managing the grant by Collier Comity, and by the National Weather Service Office - Miami which will provide labor for programming and operating the transmitter, electricity, telephone and maintenance charges provided that either Energy Onix or the INTEC transmitter is purchased as specified by the National Weather Service. GROWTH..MANAG~MENT IMPACT: None. RECOMMENI)ATJON: That the Board of County Commissioners accept the attached Grant Agreement #97CP-07-09-21-01-104 between the Florida Department of Community Affairs and Collier County. Emergency Management Director ~".l~ W~Iker, Risk Management Director ' ' REVmWED BY: .. ~-~..~.,-.~4. (._,...~ ~$. Date: Steven Cametl, Purchasing Director REVIEWED BY: Leo Ochs, Jr.,~dpP°rt Services Adminisw~tor APPROVED BY: Date: Michael McNees, Acting County Manag~ Contract Number: 97CP-07.09.21-01-104 GRANT AGREEME'NT "¸0 TEI$ AGREENfENT is entered into by and between the State of Florida, Deptrtment of Community Afl'ah's, with head~.uafters tn Talla~assee, Florida (hereinafter referred to as the "Department"),. and Collier County, (hereinafter referred to as the "Recipient"). TFH$ AGREE~ IS ENTERED INTO BASED ON TH~ FOLLOW[NO FACTS: WHEREAS, the Depaxtment is authorized, pursuant to Section 252.373, ~ and Rule Chapter 90-19, Flon_'_da Admini~rntive Cod~_ to disburse funds for emergency management gmnta to clig~le recipients; and WHEREAS, the Recipient has been awarded fimds under the above-referenced authorities a.tier completion of the competitive av,,a~h process; and WHEREAS, Recipient agrees to comply with all the requirements applicable to sa. id award, as supplemented by the terms and conditions tn this Agreement. NOW, TEEREFORE, the Department and the Recipient do mutually agree as follows: I. SCOPE 01: WORK AND FUNDINO__ '['be Recipient shell underteke and fidly perform the sco~ of'work identified in its sppUcation for the competitive grant award, in accordance with the Scope of Wodt included a~ Attachment A ofthJs Agreement. Fundin~ up Io $71,7~.00 shall be provided on a rehnbu.4ement basis, in accordance with the budget to be submitted by Recipient pursuant to thz tequlrement in A~chrnent A. For any ~vance payment, refer ~o Attachment F for additional tetras and conditions. All ~.,-,~s and conditions set for~ in Allachment P ar~ lncorpin~ as ii'sci out fully herein. JCI~RATION OF LA~. RUL}Z.q. RF. OU[~ TlON5 AND POLICiF_q Bo~ ~ Recipient and the Depaz~ent shall be govmned by applicable State and Fede~l laws, rules and regulations, including, but not Hmhed to, tl~se identified in Attachmeat B of this Agreement. PERIOD OF AGREEMEN~ This Agreement shall begin upon execution by both parties and shall end Ma~h 31, 1998, unless terminated earlier in accordance with the provisions of Paragraphs VII. or tx. or XIV. of this Agreement. Final requests for reimbursement shall be submitted no later than thkty (30) days after the termination date of'the contract. Any rr4uests received after May I$, 199g, may, in the discretion ofthe Depmment, not be reimbursed bom this Agreement. Reimbursement requests shall not be submitted by ficsimile tmnsmisslon. IV. MOD~FICATION OF CONTRACT VI. Either pasty may request modification of the provisions ofthls Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. MON~TORI~Q The Recipient shall constantly monitor its performance under ~s Agreement to ensu~ that time schedules are being met, the Budget and Scope of Work are being accomplished within specified tbne periods, and other performance goals ~ being achieved. Such review shall be made for each function, or activity set forth in Attachment A to this Agreement, and shall be reported in accordance with the reporti, ng requlr~ments of Attachment D. The Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employe~ or agent of the Department. VII. NONCOMPLIANCE. REMEDIEg. AND TERMINATIO,~, If the Recipient fails to comply with any term applicable to an award under Rule Chapter 90-19 ~ or this Agreement, the Division may take one or more of the following actio~m, u indicated by the attendant ci,':umstanc~: temporzdly withhold cash payments, pending correction of thc deficiency, or more severe enforcement action; 2. disallow all or part ofthe cost ofthe activity or action not in compliance; Be suspend or terminate the aw~; disallow future pm'ticipation in the program or fu~din$ provided under rule chapter, recover all funds provided under the current award. Costs of the Recipient resulting ~om obligations incurred by the Recipient during suspension or after termination of an award are not allowable unless the Department expressly authorlzcs them In the not, ce of'suspension or term~tion, or subsequently authorizes them in w~t[ng. C~er Recipient costs during suspension ot after term~atlon w~ch ~re necessary and not reasonably avoidable may be allowable if: the costs result fi'om obligations which were properly incurred by the Recipient before the effective date of thc suspe~slon or tcrr~;~tion, are not in anticipation of the suspension or termination, and, in the case of termination, are not cancelable, and the costs would be allowable if the award were not suspended or expked normally at the end of thc period in which thc termination occurs. Recipient of terminated grants shall remain obligated to provide all requlnd closeout informatiom In thc event that any audit determines that costs reimbursed or othenvise funded under this rule chapter should be disallowed, then tie Recipient shall return those disallowed ~unds to the Department. In thc alternative, the Department may off~t thc disallowed amount again__st any current or f~ture aw~ds to tlz Recipient. Actions taken for noncompliance constitute final Department action under Chapter 120, Eh:a~[a.~lalllI~ a.s amended. Notiiication of such actions shall include notice of admin~tlvc hearing fights and time fl'ames. The Recipient shall return funds to the Department if found in non-compliance with laws, mits, and regulations governing the use of the funds or this ^~.ment. This Agreement may be terminated by the written mutual consent of the part~. NOI~C£ AND CONTACT All notices provided unde~ or p~t to this Agreement shall be in writing, either by hand delivery, or first class, eertified mail, return receipt requested, to the rep~tatlve identified below at the address set forth below end said notification a~ched to the original ofthls Agreement. The Department designates $oseph F. Myers, Director, Division of Emergency Management, or his designee, as the Department's Contract Manager. All communications, written or oral, relating to this Agreement shall be d/ret, ted to him at the following address: Department of Commudty Afl'aim Division of Emergency Management 2555 Shmnard Oak Boulevard Tellahessee, Florida 32399-2 I00 For the Recipient, ell communications, writlen or o~, relating to this Ag~eme~t shall be directed to the following: Recipient'sContractManagefsNameandAddress: Kenneth F. Pineau, Director Collier County Emergency Management ~ul East Tamlam~ iraqi .,, Naplest FL 54112 In the event that different representatives arc designated by either party aft~ execution of this Agreement, notice ofthe name, title and address of the new representative will be rendered as pmvlded in Pemgmph VIII. A and B abeve. The validity ofth~s Agrccmcnt is subject to the truth and accuracy of all the information, representations, and materials submlucd or provided by the Recipient, in this Agar.meat, ia any subsequeat submisgon or n~ponse lo Department request, or ia any submission or reslmnse to ~ulfiH thc rcqulrc, m~ts offs Agreement, and such information, representa~on~ and nmtcrlals are incorporated by teferenoe. T~e isdc ofaccutacy tletmfor any material eJmnges shall, at the option of the Depamn~t ~xl with thirty Or0 day~ written notice to the Recipient, cause the termination of thi~ Agreemmt and the teJe.~se oftbe Department from all its obligation~ to the Recipient. 4 This Agreement shall be construed tuxler thc laws of thc State of Florida, ~ venue for any actions ~slng out of this Agreement shall lle in Leon County. If any provision hereof is in conflict with any applicable statute or nde, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict or unenforceabili~,, and shall be deemed severable, but shall not invalidate any other provision of'this Agreement. No waiver by the Department of'any right or remedy granted hereunder or failure lo insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same dght or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms ofthls Agreement shall survive the terms and life of this Agreement as a whole. More than one copy of this Agreement may be executed. Any copy with odglnal signatures may be considered an original. AUDIT REOUII~a The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted account/ng principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other persormel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through FHday. Recipieut shall aJso provide the Deparlment with the records, reports or financial statements upon request for the purposes ofauditing and monitoring the funds awanled under this Agreement. The Recipient shall provide the Department with an anaual finandal audit report which meets the requirements of $cctlons 11.4:5 and 216.349, ]~idaa$Jallll~ and C~apter 10.:550 and 10.600, Rules ofthe Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. sa. 7501-7507, OMB Circulan A-128 or A-133 for the purposes ofauditin8 and monitoring the funds awarded under this Agreement. The funding for this Agreemeat was received by the ~ent as a grant-in-aid appropriation. HAY 0 6. 1997 I The annual trmancial audit report shall include all management letters ~ the Recip~ent's response to all f'mdings, including corrective mci{oas to be The annual financial audit report shall include a schodulc o1' £mancial assistance specifically identifying all Agreement and grant revenue by sponsoring Department and Agreement numbs'.. The complete financial audit report, including ell items specified in Paragraph X. D. I. and 2. above, shall be scat directly to: Department of Community Afl, rs Office of Inspector General 2555 Shun:ant Oak Boulevard Tallahassce, Florida 32399-2100 In thc event the audit shows that the entire funds, or any portion thereof, were not spent in acco{dance with the conditions of this Agreement, the Recipient shall be held liable for reLmburscment to the Department of'all funds not spent in accordance with these applicable regulations and Agr~mcnt Ixan, isions within thirty (30) days a/'4er the Department ha~ noLL~od thc Recipient ofsuch nos- compliance. The Recipient shall retain all f'mancial records, supporting documents, statistical taco{ds, and any other documents pertinent to this Agreement for a period oftlu-ce yea~ e~ter the date ofsubmlsslon ofthe final expend]~ report. However, if litigation or an audit bas been initiated prior to the expinttion of the tlxree-reat period, the reco{d~ shall be retained until thc litigation or audit fuxlings have been The Recipient shall bays all audits completed by an Independent Certified Public Accountant (ICPA) who shall either be a certified public ~xxmntant or a public accountant licensM under Chapter 473, ~ The ICPA shall state that tl~ audit complied with the applicable provisions noted above. lt. The audit is due seven months after the expiration of the contract. SUBCON'H~CTS AND PROC~ lfthe Recipient subcontracts any or ail of the work requi~ under tl~L, Agreement, the Recipient agrees to include in the subcontract ~bat tie subcontractor is bound by the terms and conditions of this Agreement wi~h the Department. Be The Recipient agrees to include in the subcontract that the subcontractor shall hold the Department end Recipient humless against all claims of whatever natwe arislng out of the subcontractor's performance of work under this Agreeme,~t, the ex'tent glowed end rcquL,'cd by law. See Attachment £ for any additional terms end conditions pertaining to subcon~cts. The Agreement contains all the terms and conditions agreed upon bY the parties. A. Ail attachments to this Agreement ere incorporat~ ~s ifset out fully herc~ B. In the event ofany inconslslencics or conflict between the language ofthis Agreement and the attachments hereto, the language ofsuch attacluncnts sba.Ll be controlling, but only to thc extent of such conflict or inconsistency. STANDARD CONDITION,~ The Recipient agrees to be bound by the following ~andard conditions: The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by thc Legislature, and subject to any modification in accordance with Chapter 216, Florida Statute, Ifotherwlse allowed under this Agreement, extension oran Agreement for contractual s~wices shall be ia writing for a period not to exceed six (6) months end shall be subject to the same terms end conditio~ set forth ia the initial Agret~ent. There shall be only one exten.~on oft~e Agreement unle.ss the failure to meet the criteria set forth in the Agreement for completion of the Agr~ment is due to events beyond the conlrol of the Recipient. All bills for fees or other compensation for sendces or e.x~ensea shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. lfothe, nvlse allowed under this Agreement, all bills for aay travel expense~ shall be submitted In accordance with s. ! 12.061, 7 HAY 0 6 1997 The Department reserves the right to unilaterally cancel this Agreement for r~fusal by the Recipient to allow public access to all documents, papers, letters or other m:,terlal subject to the provisions of Chapter i 19, EI~ ar, d made or received by the Recipient in conjunct[on with the Agreement. The State of Florida will not intentionally ·ward publkly-~unded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation or'the employment provisions contained in 8 U.$.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Deparu'nent shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of'the INA shall be grounds for unilateral cancellation of this Agreement by the Department. A person or affiliate who has been placed on the convicted vendor list following ~t conviction for a public entity crime may not submit a bid on a contract to provide any goods or servicts to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of· public building or a public v,~rk, may not submit bids on leases of'real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with · public entity, and may not tran~ct business with any public entity in excess of Category Two for a period of 36 montes from the d~te ofbeing placed on the convicted vendor list. X'V. STATE LOBBYING PROHIBITION No t'unds or other resources received fi'om the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any otl~r oEicial action by the Florida Legislature ot any state Department. LEGAL AUTHORIZATIOH The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under ~ Agreement and that. ifappHcable, its go'm-ning body ~as authorized, by tesohrdon or otherw~ the execution and aCeel~ance of Rgs Agreement with all covens.~ts and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legalty execute and bind Recipient to the terms ot'this Agreement. 8 XVII, EOUIPMENT AND PROPERTY MANAG£MEN'I~ If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to use said equipment for emergency management purposes only, and to properly maintain and repair said equipment. Recipient shall establish adequate maintenance procedu~s to keep the equipment in proper working condition. Recipient shall establish a co.trol system to ire'ute adequate safeguards to prevent loss, damage or theft of the equipment. Recipient shall promptly .dvise the Department ofauy loss, damage or theft affectlag said equipment. Recipient shall make this equipment available to the Local Emergency *Management Agency established pursuant to Section 252.3{, 1~ and to the State of Florida, upon request, in the event said equipment is needed for emergency management purposes. Recipient shall not sell, lease, rent, lend, encumber or dispose of said equipment without the written permission of,t,e Department. COPYRIGHT?GVDPATE]',J'F The State of Florida, Department of Communlty Affairs, hereby reserves, and shall receive as a condition of an award of funding under this rule chapter, a royalty free, uonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for emergency management or other purposes: the copyright and patent in any work developed under a grant, subgrmt or conu-act under a grant or subgrant; any rights ofcopyright or patent to which a Recipient or contractor purchases ownership with grant support. If the Recipient brings to the performance of this grant or a pre-exis~ing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright If any discovery or invention arises or is developed in the course ofor as a result of work or services performed under the grant, or in any way connected herewith, the Recipient shall mf~r the discovery or invention to the Department for a determlnatiou whether patent protection will be sought in the name ofthe State of Florida. Any,tad all patent rights accruing under or ia conuectiou with time receipt of rituals fi'om this program are hereby reserved to the State of Florida. In the event that any books, ,,,,,~t,~_s. filaa, or other copyrightable material am produced, the Recipient shall notify the Deparlment Any and all copyrights accruing under or ia connection with ~e receipt of funds under this Agreement are hereby reserved to the State of Florida. Within thirty O0) days of execution ofthls Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of the proje~:t which he or she knows or should know could give rise to a patent or copyright The Recipient shall retain all righta and entitlements to any pre-cxlstiug intellectual property which is so disclosed. Failu~ to disclose will indicate that no such property exists and that Recipient has waived any right or entitlement to any pre-er~stlng intellectual property associated w~th the performance oftMs Agreement. The Department shall then have the right to ~1 patcnts and copyrights which occur during performance of' the project, it' any. XIX. PUBLICATIONS AND PUBLICITY Recipient shall, in publicizing, advertising, or describlng the project, state: "Sponsored by the State of Florida, Division of Emergency ManagemenL" Irthe project is referenced in written materi~l, the words "State ofFlorldL Dlvislon of Emergency Management" shall appear in the ume size letters or type as the name of. the Recipient. IN WITNESS WHEREOF, the parties hereto have caused thls Agreement to be executed by their undersigned officials as duly authorized. COLLIER COUNTY STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Authorized County Official TIMOTHY L. HANCOCK, CHAIRMAN Board ofCoun _ty Commissioners Name/title BY: Authorized Department Official Name/title Date Federal Employer I.D. $9-600558 Date DWIGHT E. BROCK, CLERK BY: (Attesting Signature) Approved as to Form and Legal Suffidency 10 HAY 0 6 1997 - Attachment A SCOPE OF WORK_ The information and representations contained in the grmt application subrrdtled to the Depa.,'tment and evaluated punuant to Rule Chapter 90-19, Florida Administrative Code~. is hereby incorporated by reference into thls Agreement. Within thL, w days of the date of execution oftMs Agreement, Recipient shaJl supply a document which includes an activities tbneline, a list of deliverables, and a revised budget, for the approval of the DepartmenL This document shall address, ~th pa~culadty and appropriate discu.~io~, each task necessarf to complete the project identified in ReciplenCs application for grmt fu=dMg. The revised budget portion oftizis document shall be corm{stent ia fommt with the budget proposed in the original project application. It shall not consist of new 1Me |tern expeocLiture~ but shall indicate whether the cost of the llne items de~ied in the origizml budget have bx:~msed or decreased from the original information. Any proposed deviat~om f~om the origb:ml budget may not exceed $% (increase or decrease) ofthe origirmlly approved amotmt~ ia the expenditwe categories affected. The total amount of grant mon~, budgeted ma7 eot _exceed___ rte ~ authorized in the Agreement. F~lure to supply the above-referenced document, or disaplxoval oftbis Department, shall result ia the denhl of funding. The Recipien! shall install · redundant National Oceanic and Aluxapl~ ('NOAA) weather radio transmitter in coopemion with the Nageuel Weather Service. Tbls transmitter shall be a redundant du~! lran.s~a~ ~ ~ the primary system fails. The Recipient shall purcb~ ~ ~ a20 a~d transfer switch to provide backup power to the ~ Thc Recipieat shall provide an ia-kLM sendce~ matc~ valeed -, $145,,4~.~. The ~ ~ervices shall be ia the form of adraL~strative expeme~ lxmdaat I~ ~ ~ Icbm. fa' progrm~m;,~g and operating station, clec~city, tel~ md ~ Mx~ded ~ lie National Wea~l~:r Service. A~F~OA. 1 Tr~e ~ MAY 0 $ Lq~? ] Attachment B PROGRAM STATUTES AND REGULATIONS I. Chapter 252, ~ 2. Rule Chapter 90-19, Florida Adm~n{strative Cod~ 3. OMB Circular A-S? 4. Chapter 287, ~ 5. Chapter 119, ~ 6. Chapter 60A-l, Florida Adm[ni~irative Cod~ 7. The Robert T. Stafford Disaster Relief and Assi~ Act (42 USC 5121 et seq) 8. 44 .C. odeofFedera{ R _c'?ulat{o~ parts 13 and 206 Attachment C RECORD KEF~PINQ If applicable, Rec¥ient'-~ performance under this Agreement shall be subject to OMB Circular No. A-102, "Uniform Administrative Requirements for State and Local Governments" or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organ~zations," and either OMB Ch'cular No. A-gT, "Cost Principles for State and Local Government" OMB C[reular No. A-21, "Cost Principles for Educatlon. I Institutions," or OMB Ch'cular No. A-122, "Cost Princfples for Nonprofit Organlzat[ons." If this Agreement is made with a commemial (for-profit) organization on a cost-re~bursement basis, the Recipient shall be subject to Federal Acquisition Regulatlo~s 31.2 and 931.2. All original records pertinent to this Agreement shall be retained by the Recipient for three ),ears following the date of termination of this Agreement or ofsubrnisslon of the final close-out report, whichever is later, with the following exceptions: If any litigation, claim or audit is started before the expiration of the three ),ear period and ex~ends beyond the three ),car period, the records Will be maintained until ali litigation, claims or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal pmpert7 valued at $1,000 or more at the time of'acquisition shall be retained for three years after final disposition. 3. Records relating to'real prol~rt7 acquisition shall be retained for three years after closing of title. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work, Attachment A, and all other applicable laws and regulations. T'ne Recipient, its emplo),ees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its e. mplo),ees, and agents. "Reasonable" shall be construed according to the ch'cumstances but ordlnadI), shall mean dung normal business hours ofg:00 a.m. to 5:00 p.m., local time, on Monday through Friday'. "Agents" shall include, but not be limited to, auditbrs retained by the Dcpartment. 3.3 MAY 0 $1997 Co A~ac~en! D At a minimum, the Rec¥[ent shall provide the Depar~ent with qua,Herly Financial Report/R.e[mbursemenl Requests, quarterly Summary Project Progress Reports and final Close-out Reports. The Recipient shall utiliz~ the report forma~s provided by the Deparunent. (h~'terly reports are due to be received by the Department no later than fifteen (15) days Her the end of each queer and shall continue to be submitted each quarter until submission of the administrative dose-out report. The ending dales for each quarter and the report due dates are as follows: I June 30, 1997 July IS, 1997 2 September 30, 1997 October IS, 1997 3 December 3 I, i 997 January 15, 1998 4 March 31, 1998 April 15, 1998 The fln~ close-out report is due forty-five (45) days Mcr termination of this Agreement or upon completion of the activities contained in this Agreement. If all required reports and copies prescribed above are not sent to the Depaztment or arc not completed in a manner acocptnble to the Depar~ent, the Department may withhold furlher payments until they are completed or may take such other action as set forth in Paragraphs VII. and IX. The Department may take action for non-compliance consistent with Rule 9G-19.014, ~ if reports are not timely received. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and applicable law, and is consistent with the Scope of Wodg as determined by the Department in its sole discretion. Upon reasonable notlc~ the Recipient shall provi& such additional program updates or information as may be mluested by tlg Dcpar~eat. The Division shall be pemiitted to inspect and monitor th~ records and facilities of ftmdocl projects and award recipients. Such inslg~ons may occur wlthoul notic~ at any reasonable tim~, which shall Ig presumed to bc normal business hotu's on Monday tba'ough Fdday. 14 HAY 0 p.. 17 Attachment E PROCURE]WENT. SUBCONTRACTS AND SUBGRANT~ Su~ontzacts entered into by a Recipient in cormection with any potion of' the proposed project shall contain all terms of the Recipient's Agreeroent with the Agency. The Recipient shall send a copy of any subcontracts catered into in connection with implementing the proposed project to the Agency within 30 days al~er their effective date. Recipient shall not award subgrants using funds awarded pursuant to this rule chapter. Recipient shall coroply with all applicable procureroent rule~ ~d regulations securing goods and services to iroplement a proposed project. Wherever r~luh~ by law or otherv~se permitted, Recipient shall utilize competitive procureroeat practices. Allowable costs shall be determined in accordance with Office of Management and Budget Ci~:utar A-S7. Attachment F FUNDING/CONSIDERATION Tl~s is a cost-reimbursement Agreement. The Recipient shall be reimbuned tot costs incurred in t~e satisfactory performance of work hereunder in an arnount not to exceed $71,766.00 subject to ~e availability of funds. The amount of'Rmds available punu. ant to tl~s rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition oftecelv~g federal dis~er relief assistance or planning Kinds. Funds received from the Emergency M:anagement) Preparedness and Assistance Trust Fund may not be used to supplant exJsting funds, The Recipient shall establish a separate account code in an inter~t bearing account for tracking all deposits, expenditures and interest pertab'Eng to an award. A separate account code shall be established for each awanl received. The interest earned on sa~d account(s) shall be refitted promptly to t~e Agency, but no later than ninety (90) days after the completion of'the contracL Any advance payment under this Agreement is subject to s. 216.181 (14), ~. Twenty-five (25) percent of'an award may be advanco:L Payment of reimbursable expenditures may be requested therea~er, at the end of'each quarter. If an advance payment is requested, tM budget data on wMch ~e request is based and ajustification letter shall be submitted. The letter will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. The Recipient shall mark the appropriate place below indicating whether or not an advance payment is requested, if'an advance payment is requested enter the amount of'the request. .. No advance payment is requestS; payment will be made solely on a reb:nbursement basis. Aa advance payment ors is requested; balance of payments will be made on a reimbursement basL~ (lustRlention letter must be provfded.) A.~er the initial advance, if any, quarterly payments may be made for reimburs~tblc expenses incttrred as of the end ofeac~ qtutrter. The Recipient agrees to expend ~mds in accordance with the Scope of Work, Att~2u'ncot A of t~is A~'cemenL Recipient .grees Io perform the project identified in .~d application utilizing the funds provided under this Agreement, supplemented by any funds represented in said application as matching funds. Recipient shall not expend more thru five pe~ent ($%) of lbo total funds awarded for adm~s~t[ve expenses. "Administrative expenses" means t~e direct costs ofstaf['manag[ng the pro.]oct and other direct costs for managing Ihe project, as well as the applicant's indirect rate, if any, applied to those direct costs or'management. The stem total ofdkect or indirect costs identified shall not exceed five percent (5%) of total project costs. l:'unds disbursed to the Recipient by the Department that are not expended in implementing thc project shall be returned to the Department, along with interest earned on thc funds, within ninety (90) days of the expiration of'the award agreement. Recipient shall comply with all applicable procurement roles and regulations in securing goods and services to implement a proposed projecL Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR part 3 ! CONTRACT COST PRINCIPLES AND PROCEDURES. MAY 0 U.S. DEPARTMENT OF COMMERCE National Ocea~l~ and Atmo~pl~r~ F~ W~h. TX FOR: FROM: SUBJECT: Pzul He~ert MIC, NWSFO Mitmi. FL Max W}dte, W/SRI X3, Public Service/Dissemination Meteorologist Maintained Tnmsmitten It is my u~elexstanding, based on i~orm,don from NWSH, ~hat ~e NWS will maintain transmitters for NOAA Wea~et Radio expms[on sites if the transmittCl~ arc donated (after Jn~dlatlon and "accep~lce"') to ~le NWS and pur~ha.~ed by t~e Coolx~ator f~m the foilowiag ~mpanies: Mr. Mci Stiles [ndependeat Tectmo]o~, I.e. 0:NT'EC) :39 Ma{n Street P.O. Box ]97 Scott~llc, NY 14546-0197 (? 16) 889-$400 Mr. Emio B¢l~ger Vice Pre, riehL Ma~g Broadcast ~~ Co,, Inc. 7~2 W~ S~[ ~ ~ 12~34 (518) 828-1690 (5 If) 1214476 fax WIOSOi$$ WIO$O) l :DM W/SR4 EXECUTIVE SUMMA R Y RECO3,t3,tF~DATION FOR I?-IE BOARD OF COUNTT AUTHORIZE THE BOARD CHAIRMAN TO SIGN UNDERSTANDING FOR ,4 $[OI,tMER YOUTH PROGR/a~. COMMISSIONERS TO MEMORANDUM OF ~: To attthorl:te the Board Chairman to stgn a Memorcagtum of Understcauting with the Yr'orkforce Council of Southwest Flortda for a Summer Youth Program. CONSIDERATIONS: 7he Workforce Council of Southwest Florida. is coordinating a Summer Youth Program to employ participants between the ages of 14 ctt~ 21 from qualifying Iow hn:ome families, This program will provide Individuals and grmtps of #~divtduals for various ~rk activities from mid-June through Mid-August, 1997. Wages are paid for by federal gra. ts. There is no cost to the County. The Co~mty Ma. ager's Agency is plan. t.g to parttctpat, in this program. I. prior years. approximately, eight (8,) depart~nents have mtbmitted requests for approrimately fifty (50) participants who work tn groumtskeepi, g, butldtng maintenance, Htter control, ,~ehicle maintenance, data entry, library support, etc. This program provides alt oppornmity for program participants to gattt valuable employment experience while cotttributing to the community at no cost to the CottnO~. bt order to participate #t thts program, a Memorandum of U~derstcudi.g is required between the Board of County Commissio. ers cant the Fl'oritforae Coum:il of Souttmwst Florida which specifies the respcatsibilities of both parties for th~ Summer Youth Program. The Ccamty Attorney's O.O~ce has reviewed and approved the attached Memoratdum of Uiderstcading as to form cad legal sn.~lciency. F_~~' None. GROF~Ttt MANAGEMENT IMPACT: None That the Board of County Commissioners a~tthori:e the Board Memorrmdum of Understctndtng with [Yorkforce Cotmcil of Southwest Flor/tafor~$1tmm_~er~th~..~ I.~o ~ Och$, Jr., Support Services Administrator MEMORANDUM OF UNDERSTANDING B~EN THE JTPA PROGRAM ADMINISTRATOR THE PUBLIC OR NON-PROFIT EMPLOYER This Memorandum of Understanding is ~ntered into this .. day of between Collier Count}' BoardofC~mral~e.~rt~fcrred. to as the Agency and/or Worksitc, and the Workforce Council of Southwest Florida. Inc. hereafter referred to as thc Program Administrator and Employer. It is understood by all parties that this Memorandum of Understanding relates to Employment, Training, and Services to be provided relating to thc Summer Youth Employment and Training Program which is authorized under the Job Training Partnership Act of 1983. It is understood that the Employer is either a governmental agency or a private non-profit organization, free of discrimination because of race, sex, age, creed, color, religion, or political affiliation, and that participants in the program will not be employed on the construction, operation, or maintenance of any facility as is used or to be used for sectarian instruction, as a place for religious worship, or for partisan political purposes. Participants will not be used for the advantage of any private individual or private-for-profit agency, but will be provided useful work experience which will be consistent with each participant's capabilities and interests and which will assist these youth to obtain future unsubsidized employment. It is agreed that such work experience will be conducted in a safe and sanitary working environment. In addition, it is understood that unexcused absences for JTPA participants will be handled pursuant to policies and procedures of the Program Administrator. The Worksite agrees: o To provide the Program Administrator one complete 'Statement of Work' for each Worksite of the Agency utilizing Summer Youth participants. All Supervisors must be listed. The Statement(s) of work are subject to monitoring re¥iew. To provide meaningful and productive work for a maximum of ~O participants on a scheduled work plan with the understanding that the Supervisor/Participant ratio will be at least one (1) supervisor to every ten (10) participants who are enrolled in the Summer Youth Employment and Training Program (SYETP). HAY 0 6-199) Memo~ndum of Understanding To furnish the equipment, tools, materials, and supplies that are necessary for the work being performed by the Summer Youth participant(s). To cooperate fully with the Monitoring Unit of the Program Administrator's office, by maintaining current and accurate time and attendance records as well as a list of current Worksite activities, and by allowing access to same at the request of the Program Administrator's representative for the purposes of monitoring of the Worksite, counseling of the participants, and coordinating other work activities. To maintain accurate time and attendance records on each participant reflecting the time actually worked by each participant. Insure that the participants are not allowed to handle the time and attendance records. These records must be filled out in ink and signed in ink at the end of each pay period by the participant and the supervisor as certification to their accurst3'. The participant cannot sign for the supemisor nor the supervisor for the participant. Time and attendance records will be picked up ever3' other Friday by a staff member of the Program Administrator. To provide reasonable regulations for the attendance and continued good work habits of the participants. Develop adequate policies, procedures, and controls to ensure that no participant receives any type of remuneration for unexcused absences, unworked hours, or participation in recreational or educational activities. Participants can only be paid for hours worked. 7. To assure that sufficient work is available to occupy each participant. To develop adequate coordination with the Program Administrator to allow su~cient opportunities to implement appropriate contingency activities in the event of inclement weather. To provide a Job description of each position that will be filled by Summer Youth participants. 10. To provide an experienced Supervisor(s) to the participants without compensation from the program. 11. To contact the Program Administrator prior to the release of a participant from the Worksite or immediately after notice of termination by a participant so that this agreement may be modified. Memorandum of Understanding 12. Insure that supervisors understand that on the job injuries to participants must be reported to the program administrator's office immediately, and that SAFETY ks the primary concern. In the event there ks a work related injury, these are the procedures to follow: 1) The first priority is to ensure that the partidpant receives immediate medical attention. Injuries of an emergency or life threatening nature should be treated at the nearest hospital emergency room. 2) Report the injury immediately to the SYP counselor ss-hose responsibility will be to notify the participant's parent or guardian. 13. To assure that no participant will be allowed to work more than 40 hours per week. The Agency/Work$ite will be liable for payment of the excess hours. Participants aged 14 and 15 must not work more than eight (8) hours a da)'. 14. To assure that participants aged 14-17 MUST have a thirty (30) minute break after working four (4) consecutive hours. Failure to comply with the Child Labor Laws could result in fines being levied. 15. To assure, pursuant to the Fair Labor Standards Act, that no participant under 18 years of age will be employed in any occupation found by the Secretary of the United Stated Department of Labor to be particularly hazardous for individuals bet~,een 16 and 18 years of age (Subpart E of Part 570 of Title 29). 16. To provide each Supervisor whose name appears on the "Statement of Work' a copy of the complete Memorandum of Understanding. Supervisors will be expected to understand the contents of this agreement and are subject to being monitored. 17. To adhere to the rules and regulations governing the Summer Youth Employment and Training Program. The Program Administrator agrees to provide remuneration to the participants by check every' other Friday. The checks will be dis~-lbuted by the Program Administrator's staff. Participants MUST sign for their check on receipt. Thks Memorandum of Understanding shall be effective from the date it is signed until the termination of the Summer Program or unless terminated by either party provided the cancelling party gives at least five (5) days advance notice. Memorandum of Understanding ATTE ST: Dwight E. Brock, Clerk BOARD OF COUNT~ COMHISSIONERS COLLIER COUNTY, FLORIDA WITNESS: WORKFORCE COUNCIL of SOUTh~E_ST FLORIDA, INC. ~~46 Tenth S~reet, South.' Naples, Florida 34102 /~PPI(OVED AS TO FORFI Assistan~. County Attorney WORKFORCE COUNCIL of SOUTHWEST FLORIDA, INC. REP~SENTA~VE (SIGNATUREjosEPI PATERNO, EXECUTIVE)DIrECTOR REPRESENTATIVE/TITLE 3830 EVANS AVE., SUITE 3-A FORT M~ERS, FL 33901 ADDRESS (941) 939-4949 TELEPHONE NUHBER A~SURANCES AND CERTIFICATIONS GENEtq, A~- ASSUR. ANCF-~ 1. The ImpIW~' assures and c,~fle~ ~t I ~ ~ ~ ~e ~a~ of ~1 Je~ Tm~ Pa~tmhi~ ~ ~na~ 2. ~l (mpl~r ~her mss~ and celtics ~t ~ ~ t~s ~at~ ~m~nt ~ ~e ~ are am~ or ~, R s~[ ~m~ pafllcl~t~fl ~, ~ de~ ~e be~ of, ~ b 6~ ~se su~ to ~d~ assls~e and ~ ~ke any ment~ n~ ~ effete ~ ] - ~AY 0 ~ ~97 ST~TEM~N~O~ ~0~ ~NSTRUCTIONS± The ~nployer is required to com.olete 9ne form for ~ach separate w2~r]~ utilizing Summer Youth Darticipants- The originals must be delivered to the Program Administrator with the Memorandum of Understanding. The Fm~loyer is required to provide the Program Administrator with a revised Stat~T. ent of Work in the even= any significant changes occur during the period of ~mployment. ~M~LOYER: WORKSITE: Name of Worksite Supervisor(s) utilizing Sum~er Youth participants. List all Supervisors involvad. Only Supervisors listed m~y ~i.cr.. the participant timesheets. PRINTED NAM~ :GNATURE Expected number of SYETP participants at th~s Worksite: Scheduled working hours for SYETP participants: from _AM/PM to AM/PM Scheduled days for SYETP participants: : _Monday - Friday ~. Other (specify) :HAY 0 6 1997' SUMMER YOUTH JOB DESCRIPTION INSTRUCTIONS: Prepare a separa=e form for each worksi~e and occupation. Please Print or Type. AGENCY: WORKSITE: SUPERVISOR (S) NAME (S)/JOB TITLE: JOB TITLE: .' ~ OF POSITIONS REQUESTED: JOB DESCRIPTION .HAY 06 1997 AGENCY: SU~R~R YOUT~ PROGRAM ALTERNATIVE JOB PLAN In case of inclement weather this agency will provide for JTPA SYETP participants the following alternative plan of work ac6ivities. EXECUTIVE SUMMARY RECOMMENDATION TO THE BOARD OF CO~ COMMISSIONERS TO AUTHORIZE THE ADVERTISEMENT FOR TIlREE SUCCESSIVE WEEKS OF A NOTICE OF CONSIDERATION OF A CABLE TELEVISION FRANCHISE. OBJECTIVE: Authorization from the Board of Collier County Commi~sioner~ to advertise for three successive weeks for a notice ofcor~idcration of a C~ble Tclcvis/on franchise. CONSIDERATIONS: Marco Island Cable, Inc. has applied for a Franchise to serve a portion of Marco Island. Since the application has been deemed complete, and pursuant to the Collier County Code, Section 30-28, (e) (1), the Board must publish once a week for three consecutive weeks in a pap~ of general circulation in the county a notice of consideration ora CATV franchise. Said notice shall name the applicant, describe the proposed ~-rvice ar~a, invite the filing efta application under the provisions of the Ordinance by all person~ inter.tod in e~t~lishing a CATV ~tem in the proposed service area, invite objections to the establishment ora CATV ~em in the proposed service area from existing CATV systems and the general public, md ~t a time and date certain, within not le~ than 25 busines~ day~ from ~he date of the first publication of the notice, for a public hearing on the application. Written report~ studies or materials to be consider~i by the Board of County Commissioners at the public hearing mm be submitted to thc county admini~tmor's office withinl$ day~ from the date of the tim publication of notice of the public he~"ing. Since this he~ng will likely be lengthy, it is also reque~'ted that this i~,~ue be ~e~ for hearing on a day not normally ~t aside for public hearing~-.Juae 17, 199'/st 1:00 PM. FISCAL IMPACT: The only direct fiscal impact is the expense of advt,'rising. Sufficient funds are available in Fund 111-100210. GROWTH MANAGEMENT IMPACT: Nono RECOMMENDATION: That th~ Board ofCounty Commi~ attthodze the advertisement for a notic~ of Publi,: Hearing to consider ~he application by Marco lshmd Cable, Inc. for a CATV frsnc2t~. Appwval of this item will constitute authorization for PREPARED BY: o~'tce OF ~'m,,NCmSe Am, OStS'mA~O~ REVIEWED BY: OFFICE OF FRANCHISE ADMINISTRATION MI~ A. McNEES, INTERI~ COUNTY MANAGER DATE BOARD OF COUNCTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MAY 6, 1997 FOR BOARD AC TION: I. Certificate of Corrcction: NEED MOTION au .thorizing the chairman to sign Certificate of Correction to the tax roils as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defimder for Case Nos.: 96-10499-MMA; 96.7100- MMA; 96.8944-MMA; 97-1098-MMA; 96-8610-MMA; 96-7787-MMA; 96-1639-CFA; 96.4483-MMA; 96-8478-MMA; 97-718-MMA; 94-1975-CFA; 95-4614-MMA; 95- 2186-CFA; 96-2334-CFA; 96-2330-CFA; 8g-1569-CFA; 96.8823-MMA; 94-935-CJA; 96-525-CFA; 97-1816.MMA; 96.1593-CFA; 93-685-CFA; 93-3437-MMA; 97-812- MMA; 97-499-MMA; 97-928-MMA; 97-915-MMA and 96.948-CFA. MISCELLANI~0US ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Florida Public Service Commission - Docket #950495-WS; Order #PSC-97-0374-FOF- WS; issued April 7, 1997 - Application for rate increase and increase in service charges by Southern States Utilities, Inc.. for Orange-Osceola Utilities, Inc. in Osceola County, and in Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Duval, HigMands, Lake, Lee, Marion, Martin, Nassau, Orange, Osceola, Pasco, Putnam, Seminole, St. Johns, St. Lucie, Volusia, and Washington counties. I-Iomeowncrs Associations A. Gates Mills Homeowners Association - Notice of Annual Meeting of Members, Election of New Board of Directors and Turnover Meeting. B. Riviera Golf Estates Homeowners Association, Inc. - February 25, 1997. 6. I~istricts: Lely Community Development District - November 20, 1997. Port of the Islands Community Improvement District - Januavj 16, 1997. Dove Point Community Development - November 9, 1994, September 25, 1996; agenda and Ordinance #96.67 changing name of Dove Pointe Community Development District to. Heritage Greens Community Development District. AGENDA I_TEM NO HAlf - 6 1997 Go Naples Heritage Community Development District - October 21, 1996 and lanuary 13, 1997. Heritage Greens Community Dcvelopment District - Proposed Operating Budget - Fiscal Year 1997. Heritage Greens Community Development District - October 27, November 12, December 9, December 16, December 23 and December 27, 1996. Lely Community Development District - General Purpose Financial Statements - September 30, 1996; management letter & management letter comments and Local Government Annual Financial Report. South Florida Water M~nagement District - February 12, March 12, April 10, 1997; The Comprehensive Annual Financial Report & Related Management Letter for fiscal year ended September 30, 1996; list of District's scheduled Governing Board meetings; map of District showing all county boundaries within the District and Public Facilities Report Update. Cow Slough Water Control District - December 19, 1996, .~anuary 23, and February 27, 1997. East Naples Fire Control & Rescue District - Public Facilities Report 1997. Key Marco Community Development District - General Purpose Financial Statements for the year ended September 30, 1996; Annual Local Government Financial Report & Audit Report for the year ended September 30, 1996 and Management Letter & Management Letter Comments for the ended September 30, 1996. Golden Gate Fire Control & Rescue District - Special District Public Facilities Report with Map - March, 1997; Annual Local Government Financial Report & Audit Report for the year ended September 30, 1996 and Designation of Registered Agent - March, 1997. Mo Immokalee Water and Sewer District - 1995-96 Comprehensive Annual Financial Report and Audit Report; Public Facility Report as of March 1, 1997; Information regarding outstanding bonds; and Management Letter. Collier Mosquito Control District - Certificate of Budget Adoption; Resolution adopting the Annual Certified Budget 1996-97; Annual Audit Report for year ended September 30, 1996 (including Auditor's Management Letter with District's Response); annual Financial Report for year ended September 30, 1996; Public Facilities Report, Certificate of Tax Levy and Resolution adopting Tax Levy of. 1883 mills. MAY -6 1997 Marco Island Fire Contrpl District - 1995-96 Comprehensive Annual Financial Report and Audit Report and Public Facility Report as of IViarch 1, 1997. Collier Soil & Water Conservation District - General Pu,-pose Financial Statements for year ended September 30, 1996 and Management Letter and Auditor's Report. Pelican Marsh Community Development District - General Purpose Financial Statements for year ended September 30, 1996; Management Letter ~md Management Letter Comments and Local Government Annual Financial Report. A. Emergency Medical Services Advisory Council - March 12, 1997 and agenda for April 2, 1997. Refen'ed to BCC. B. Collier County Planning Commission - February 20, 1997 and agenda for April 3, 1997. Referred to BCC. .... A~'ENp.A HO.~ HAY -6 E.~XE C U TIVE SUMMARY RECOMMENDATIONS TO APPROVE A RESOLUTION B~EN THE BOARD OF COUNTY COMMISSIONERS AND SPRINT/UNITED TELEPHONE COMPANY OF FLORIDA. ~: To gain Board of County Commissioners approval of the attached Resolution between the Board of County Commissioners and Sprint/United Telephone Company of Florida, for continuing the existing E-911 system. CONSIDERATIONS: To provide an enhanced "911" emergency telephone system for the citizens of Collier County. A Resolution to be executed by the Board of County Commissioners to allow Sprint/United Telephone Company of Florida to collect a fee at $ .37 per month per access line to fund the cost of maintaining the enhanced "911" system, from September 30, 1997 to September 30, 1998. The Board of County Commis~ioners authorizes the Sprint/United Telephone Company of Florida to deduct an administrative fee equal to 1% of the monies collected for the enhanced "911" emergency telephone system. ~ The cost of funding this system will be paid by the subscribers. No ad valorem tax dollars will be expended. The fee for FY 96-97 was $ .37, there will be no change. Any reserves will be accumulated according to Statute.(199-919010-991000-00000) GROWTH MANAGEMENT IMPACT: The subscribers will pay for the system. RECOMMENDATIONS: That the Board of County Commissioners authorize the Chairman to execute the Resolution. See attachment for Resolution. PREPARED BY: -.. ?( .' beboreh R. D'drazlo, 911 CoOr~nator APPROVED B~ D~'~-I~hertff, 911 Director OATE: '>/"/'7' ¢'7 RESOLUTION NO. 97 - A RESOLUTION PROVIOING FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY "911" TELEPHONE SERVICE AND EQUIPMENT WI-IEREAS, Section 365.171(13), Florida Statutes, provides that a county may impose a fee for charges for "911" service and equipment to be paid by local exchange subscribers on an individual exchange basis at a rate not to exceed fifty cents ($.50) per month per access line; and WI-IEREAS, The Board of County Commlssloners of Colr~er County, Florida, deems it appropriate and in furtherance of public health, safety and welfare to access a fee for the enhanced "911" telephone service availability in Collier County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:. 1. Pursuant to Section 365.171(13), Florida Statutes, there is hereby imposed against local exchange subscribers a local option fee for the provision of enhance "911" emergency telephone service and equipment in Collier County. This fee shall be adjusted annually to cover allowable expenses as described in Section 365.171(13(a)(6), Florida Statutes. For the period of September 30, 1997 through September 30, 1998, the fee will be $ .37 cents per subscriber per access line per month. 2. The County requests that the telephone company (exchange telephone service provider) providing enhanced "911" service and equipment to Collier County collect from its subscribers within Collier County, the local option fee assessed by this Resolution and remit those fees to Collier County. 3. Said telephone company, pursuant to Section 365.171(13)(c), Florida Statutes, may retain as an administrative fee an amount of one percent (1%) of the total "91 * fees actually collected by said telephone company. AGEHOA ITEM% HAY 0 $ 997 Pg,_.-----._. 4. Money in reserve is being carried forward to provide for capital improvements described in Section 365.171(13)(a)(3), Florida Statutes. Additional money from fiscal year 1996 revenues to be added to the total reserves shall not exceed ten percent (10%) of such fees billed for the 1996 fiscal year. The cumulative reserves are to pay for projected expansion and replacement of E911 equipment and service features described in Section 365.171(a)(13)(6), Florida Statutes. All carry forward reserves shall be administered in accordance with Section 365.171(a)(13), Florida Statutes, This Resolution adopted after motion, second and majority vote for adoption. DATED:_ ATTEST: DWIGHT E, BROCK, Clerk BY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. BY: Timothy L. Hancock, Chairman Approved as to form and legal sufficiency: Assistant County Attorney AGEHDA HAY 0 911 DATA BASE MAINTENA2~CE COSTS 911 Coordinator Salary Risk Retirement Social Security Life Insurance Health Insurance Workmans Compensation Ins. 911 Technician Salary Overtime Low Risk Retirement Social Security Life Insurance Health Insurance Workmans Compensation Ins. 911 Technician Salary Overtime Low Risk Retirement Social Security Life Insurance Health Insurance Workmans Compensation Ins. 34983.00 6147.00 2676.00 134.33 4600.00 122.44 23600.00 2360.00 4168.00 1805.00 90.62 2200.00 82.60 20702.00 2070.20 3656.00 1584.00 79.50 4600.00 72.46 Per Diem Conferences DUES: APCO - Associated Public Communicator SUBSCRIPTIONS: Warren's Telecom Regulation Monitor Hill Donnelley Cross Reference Aerial Map Subscription Tax Map Subscription Training Pagers Office Supplies Maintenance on P.C's AT&T Language Line (Avg mo X 12 mos.) Cell Phone Bill for Blocked Call Back AL DATA BASE MANAGEMENT DOL~ 5000.00 70.00 775.00 115.00 715.00 450.00 12000.00 70.80 1200.00 500.00 10000.00 200.00 4682~-~DA ~ \ PSAP EXPENSES (excluding monthly telephone charges) COLLIER COUNTY SHERIFF'S OFFICE NON-RECURRING FEES EQUIPMENT PUR~{ASES Headsets 2600.00 Replace PSAP Controller 130000.00 TOTAL NON-RECURRING EXPENSES CCSO 132600.00 RECURRING FEES EQUIPMENT MAINTENANCE Logger Recorder 10827.00 Instant Playback 2379.00 TDD 300.00 Other - Headsets & Equip Ins. 4400.00 TOTAL RECURRING EXPENSES CCSO 17906.00 TOTAL PSAP EXPENSES CCSO 150506.00 NAPLES POLICE DEPARTMENT NON-RECURRING FEES EQUIPMENT PURCHACES Headsets Replace Chairs Replace PSAP Controller & keysets 1950.00 3200.00 70343.00 TOTAL NON-RECURRING EXPENSES NPD 75493.00 RECURRING FEES EQUIPMENT MAINTENANCE Logger Recorder (under warranty) .00 Instant Playback 1658.00 TDD 300.00 Other - Headsets 525.00 TOTAL RECURRING EXPENSES NPD 2483.00 TOTAL PSAP EXPENSES NPD 77976.00 TOTAL NON-RECURRING BOTH PSAPS 208093.00 TOTAL RECURRING BOTH PSAPS TOTAL ALL PSAP EXPENSES AGE~,OA !T,k'~ "" I MAY 0 6 20389.00 228482.00 UNITED TELEPHONE CHARGES Access Lines 000 · $120.00 per 1,000 ',(Equip. Main., Circuit Chrgs., TOTAL MONthLY BILL One time access line charge Maintenance Contract Charges TOTAL PROJECTED CKARGES FY 96/97 etc. 21000.00 6212.00 27212.00 7300.00 14000.00 347844.00 TOTALS FOR COMPUTATION OF FEE RECURRING: Database Management Telephone Bills Equipment Maintenance SUB-TOTAL RECURRING EXPENSES NON-RECURRING: O~PSAP Purchases TOTAL NON-RECURRING EXPENSES TOTAL RECURRING & NON-RECURING EXPENSES COMPUTATION OF THE FEE TOTAL RECURRING FEE divided by .94 divided bY 175,000 divided by 12 months TOTAL NON-RECURRING FEE divided try .94 dividedb¥ 17S,000 dividedby 12 months TOTAL RECURRING & NON-RECURRING FEE 146628.95 347844.00 20389.00 514861.95 208093.00 208093.00 722954.95 514861.95 547725.48 3.13 .26 208093.00 221375.53 1.27 .11 .37 ,'-. HAY {:)6 1996/97 FUND 199 BUDGET 512100 ii~514100 514110 521100 522100 ~')'523150 5214oo 500000 641100 646610 646970 651110 652910 654110 654210 654360 600000 764210 700000 REGULAR SALARIES OVERTIME 1.5 OVERTIME - STRAIGHT SOCIAL SECURITY MATCH RETIREMENT - REG~ H~TH INSURANCE LIFE INSURANCE WORKERS COMPENSATION PERSONAL SERVICES SUMMARY PER DIEM - CONFERENCE TELEPHONE BASE COST COMM. EQUIPMENT R & M MAINTENANCE (PC'S) OFFICE SUPPLIES MINOR OPERATING EQUIP. BOOKS, MANUALS, DIRECTORIES DUES & MEMBERSHIPS SCHOOLS/CONF. REGISTRATION OPERATING EXPENSE SUMMARY COMMUNICATIONS EQUIPEMENT OCO TOTALS 79285.00 4430.20 .00 6065.00 13971.00 11400.00 304.45 277.50 115733.15 5000.00 357844.00 20389.00 500.00 1200.00 4620.80 2055.00 70.00 12000.00 403678.80 203543.00 203543.00 722954.95 HAY 0 6 ,97 TO INFORM THE BOARD OF CO~Y COMMISSI~ OF TI~ CLERK OF TH~ CI~CU~T COURT'S S~~ ~~ ~ ~ G~ OF ~ Z. BR~K ~ ~ OF ~ CZR~ C~T OF ~I~, ~C., ~ ~ ~ST ~ B~ ~ A~ORIZE A To inform the Board of County Commissioners of the Clerk of the Circuit Court's settlement arrangement in the matter of Dwight E. Brock ae Clerk of the Circuit Court of Collier County v. Securities America, Inc., a/k/a United Securities America, Inc., and 4o request the Board to authorize a General Release from claimfl against Securities America, Inc. regarding this matter. In the matter of Dwight E. Brock as Clerk of the Circuit Court, Collier County, Florida v. Securities America, Inc., a/k/a United Securities America, Inc., an agreement has been reached that is acceptable by both parties. The settlement calls for a cash settlement of $250,000 to the Clerk of the Circuit Court and a General Release from the Clerk and from Collier County a Governmental Entity to Securities America, Inc. The release from the Clark of the Circuit Court has already been fully executed. FISCAL IMPACT The settlement in this matter includes a $250,000 payment to the Clerk of the Circuit Court's General Fund. The net settlement amount will be included in the Clerk's annual turnback. The Board of County Commissioners authorize the execution of the General Release from Collier County a Governmental Entity to Securities America, Inc. Clerk/of the Circuit Court GENERAL RELEASE KNOW ALL PERSONS BY THESE PRESENTS that Collier County, Florida, a governmental entity (hereinafter "Collier County"), and its respective legal representatives, heirs and assigns, for and in consideration of Ten Dollars and Zero Cents ($10.00) and for other good and valuable consideration, paid by Securities America, Inc., receipt whereof is hereby acknowledged, hereby releases and forever discharges Securities America, Inc. (hereinafter "SAI"), Allen Colin Kelly (hereinafter "Kelly"), their respective parent companies, subsidiaries, predecessors, successors, affiliates, distributors, dealers, shareholders, directors, officers, agents, insurers, independent contractors, and employees of and from all actions, causes of action, claims, demands, damages, including compensatory, exemplary, statutory and punitive damages, costs, suits, debts, dues, sums of money, accounts, reckonings, bills, covenants, contracts, liens, controversies, agreements, promises, variances, trespasses, extents and executions whatsoever, in law, in arbitration, in equity or otherwise, which against SAI .and Kelly, their respective parent companies, subsidiaries, predecessors, successors, affiliates, distributors, dealers, shareholders, directors, officers, agents, insurers, independent contractors, and employees that Collier County had, now have or may or shall have by reason of any matter, fact, cause or thing of any conceivable kind or character whatsoever, from the beginning of the world to the date of these presents and any and all claims and demands of every conceivable kind or nature, including but not limited to any claim in any way arising out of or pertaining to Dwight E. Brock as Clerk of the Circuit Court of Collier _County v. Securities America. Inc.. NASD Case No. 96-00955 (hereinafter "Collier County v. SAI") or any financial transaction made with or through SAI or Kelly. This release is not intended to and does not apply to any alleged causes of action that Collier County may have against Meridian Securities, Inc., Meridian Capital Markets, Inc., Meridian Bancorp Inc., Coopers & Lybrand, LLP., and their representatives. The Clerk has at all times maintained that all claims asserted against "Meridian" and "Coopers" are the claims of the Clerk and not the County. This Agreement shall be binding upon Collier CounW, Florida (hereinafter "Collier County") and upon its heirs, administrators, representatives, executors. successors and assigns, and shall inure to the benefit of Collier CounW and to its heirs, administrators, representatives, executors, successors, and assigns. It is understood by Collier County that this General Release is only for the settlement and compromise of "disputed claims," and that any action taken pursuant to the General Release is not to be construed or considered as an admission of liability or fault on the part of Collier County, the Clerk of Court, SAI or Kelly. Collier County warrants, represents, and agrees that no claim or portion of any claim, demand, action, right, or cause of action, which Collier County has or might have against SAI and/or Kelly has been assigned or transferred to any person, partnership, corporation, or other entity, and that all such claims are hereby extinguished. Se Collier County further warrants that it is legally competent and authorized to execute this General Release, that it accepts fully responsibility for this General Release, and that it has executed this General Release with full understanding of its terms. Collier County further represents and warrants that it has obtained ali necessary governmental and corporate approvals of Collier County, Florida to enter into this General Release and that the General Release is binding upon Collier County, its successors and assigns. This General Release contains the entire agreement and understanding concerning the subject matter hereof between the parties, and supersedes and replaces all prior negotiations, proposed agreements and agreements, written or oral. This General Release will be interpreted under the laws of Florida. C(~llier County acknowledges that it has read or caused to be read the foregoing General Release, understands it, and signs it as its own voluntary act and deed. Collier County represents and acknowledges that in executing this Agreement it does not rely and has not relied upon any representation or statement made by the other or by any of the other's agents, representatives or attorneys with regard to the subject matter, basis or effect of this Agreement or othe.rwise, except as set forth specifically in this Agreement. -2- ~o. ~ HAY- 6 I99 10. Within five (5) business days of the Clerk's receipt of the consideration under this agreement, the Clerk shall file a Notice of Dismissal with Preiudice pursuant to § 10305 of the NASD Code of Arbitration Procedure to dismiss with prejudice all claims asserted against all respondents in Collier County v. SAI. The Clerk hereby agrees to cause to be filed the Notice of Dismissal with Preiudice, which will dismiss his case with prejudice against all respondents, with each party to bear their own attorney's fees and costs. THiS IS A RELEASEI! - READ BEFORE SIGNING This is the day of , 1997. By: Witness ATTEST: DWIRHT E. BROCK Collier County, Florida, a governmental entity (SEAL) STATE OF FLORIDA COUNTY OF COLLIER Aonroved as to form and l~lal sufftciencv~ , · David C. Het.qel ~ County Attorney The foregoing instrument was acknowledged before me on this __ day of , 1997, by ., who is personally known to me or has produced_ as identification and did take an oath. (Notarv's Name) NOTARY PUBLIC NOTARY PUBLIC SERIAL NUMBER: leh~ee~e~e~eeee.2 -3- EXECIfi'IVE SUMMARY BOARD APPROVAL OF RECORDATION OF RELEASE AGREEMENT, IMPLEMENTING A PORTION OF THE SETTLEMENT AGREEMENT FOR HIDEAWAY BEACH, PER PREVIOUS AGENDA ITEM 9A, SEPTEMBER 26, 199S. OBJECTIVE: To provide the Clerk to the Board the needed documentation to properly record thc signing of this Release Agreement in thc County Records. CONSIDERATIONS: Thc Board of County Commissioners heard and approved Item 9-A concerning the Settlement Agreement for Hideaway Beach on September 26, 1995 (Exhibit "A'). Paragraph 11 of the Settlement Agreement provides that all parties shall sign release agrecraents r~leasing all other partie~ to the Settlement Agreement. Chairman Hancock representing Collier County has signed the attached Release Agreement (Exl~bit "B"). However, duc to recording constraints it has not been recorded in the Board's records. Because the official documents of the September 25, 1995 agenda have been microfilmed, there is no way to insert this item into the record. Therefore, it must be brought befor~ the Board in order to assign an agenda item number. The agenda number provides the Clerk to the Board's office the needed documentation to record in the Board's records and thereby track for futtme reference. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONI~ RECOMMENDATION: That the item be approved for recordation in thc records by the Clerk to the Board. Prepared by: Marjori61VL Student Assistant County Attorney Approved by: David C. Weigel County Attorney Date Date EXHIBIT "A' l:xh~b£t A - FroI~t¥ Craphtc · xh~t a Ro~4~ ~arco ~ketch Exhibit C PUD S~E~ ~I$ SB~~ AGRB~ 2 entered ~to this ~ day Oerein~tcr G~SO~; Roge V~cy ~d S~dra F. V~ey, hu~b~d ~d wife (herein~tcr ~ORCE~; Fo~t M. St~l[ng, T~stee of ~c Fo~t M. Starling T~t d~ted May 1~ 1982 (hereM~ter '~~G~; Debblc DoUbler, ~ T~stee ~ereinafter ~OBB~R'): Hldea~y Beach ~o~a~o~ In~ a EoHda not-for-profit ~o~on ~ereM~ter'~SO~O~; Ro~ Mar~ Developmen~ a ~odda gene~ p~ne~Mp; Ronto Developmenu Mar~, a gene~ p~ner o~ Ro~l M~ Developmen~ ~d a ~odda gener~ p~ne~Mp; Royal M~co Developmen~ One, Inc., a co.orate gene=l panner Ronto Developmen~ Marco ~d a ~oHda co~o~tlon ~erefnafter colle~tvely ~OY~; md Collier CounW, ~ortd~ a politi~l subdivision of the State of Eodda ~ereM~ter '~ER CO~). ~ER~S, GIBSON is the o~er of ~t 14, Block 1, H[de~y Beac~ ~ per plat recorded at Plat Book 1~ pages 80 through 85 of the Of~c[~ Re~rds o~ ~ll[er CounW, ~orida; ~ER~S, VASEY is the o~er of ~ 12 and 13, Block 1, Htde~y Beach, ~r plat re~rdcd at Plat Book 1~ pages 80 through 85 of the O~c[al Records of Collier Counv, Eorida; ~ER~, POR~ is thc o~er cf ~t 15, Block 1, H[dea~y Be~ch, ~ per plat recorded at Plat Book 1~ pages 80 through 85 of the Of~c[~l Re~r~ of ~ll[er Count, Eorida; ~ER~S, ~MNG 2 the owner of ~t 1~, Block 1, Hlden~y Benc~ ~ ~r plat re~rded at Plat Book I~ pages 80 through 85 of the O~d~l Records of Collier CounV, ~orid~ ~ER~S, DOEB~R is the o~cr of ~t 17, Block 1, H[dea~y Benc~ pl~t recorded at Plat Book 1~ png~ 80 through 85 of the O~nl Re~s of Collier CounW, OIl,"4Ar t \f4,!~1 NO. t,,-,, 0 6 WHERF. AS, the ASSOCIATION is the A.~odation referred to in the Declaration of Covenants, Conditions and Restrictions of Hid~way Beach; WHERF_.AS, ROYAL is the successor developer of Hideaway Beach, a PUD in Collier County, Florida; WIt~EREAS, the properties owned by dlBSON, VASEY, PORCF//.I, STA_RI. ING and DOEBLER are located at Block 1, Hideaway Beach, as per plat recorded at Plat Book 12, pages 80 through 85 of the Official Records of Collier County, Florida and beach/rout properties abutting Big Marco Pass (hereindter collectively the 'PROPERTYg. The PROPERTY is/;raphtcall¥ depicted in Exhibit 'A' attached hereto; WHE~, the PROPERTY h the subject of a Hideaway Beach Planned Unit Development purviant to Ordinance No. 79-68, as amended on various occaslona, the most recent of which is Ordinance No. 92-11 (hereinafter the 'PUD'); WI-~R.F.~a,S, in 1990 COTTrER COUNTY recorded a survey and plat o£ tho Erosion Control Line (hemina/ter 'ECL'), which, in effect, fixed the rear propert~ lines at ·" the Mean High Water Line ('MHWL') as it existed prior to beach renourishment; WHEREAS, on Au/ust 17, 1994, GIBSON filed an application for a buNdinl~ permit with the appropriate deparlment of COLLIER COUNTY for the construction of . .. improvements on Lot 14, located within the PROPERTY. On September 24, 1994, Building Pernfit No. 94.8895 (the 'PERMIT') was issued to GIBSON and GIBSON thereafter proceeded with construction of improvements to his lot; WHEREAS, on Fcbrua~ 23, 1995, COLLIER COUNTY'S Planning Services Director issued Interpretation No. 94-4, which in effect stated that a t'if~y foot ($0') setback from th-. ECL was required as it related to all construction along the PROPERTY, includinl~ the construction of the GIBSON improvements. Bemuse improvements constmaed on the GIBSON lot encroached over the alleged $0' setback from the ECL, COLLIER COUNTY stopl~d work ('Red Ta~ged') on the improvemems to the GIBSON lot; WH£REAS, on March 24, 1995, GIBSON filed an appaal of Interpretation No. 94-4, syed Peddon ,4.95.3. ,4ri_nco! o£ P/=.nl._~ Services Dir~nr [.r~rnrernrlon 94-f. which appeal was heard before the Board of County Commissioners of Collier Count, Florida sitting as the Board of Zoning Appeals of Collier County, Florida, wherein. AGEN[ Settlement Agreement P.ge I"I Y 0 6 1997 i. gA Appeals denied GIBSON'S appeal and ruled in favor of the interpretation of the Pl~ugng Services Director;, WHEREAS, GIBSON has filed a Complaint with the Circuit Court of Collier County, Florida, styled ~ M. Gi6son and lV=dl.e M. G/b~on v. Co~ier County. Cave No. 95.3575.C./[.01, appealing the decision of the l~oard of Zoning Appeals of Collier County, Florida and ming the County for damages for constitutional due process violations; WHE~, the Collier County Community Development Services DMslon, representing the Board of County Commissioners of Collier County, has requested an amendment to the Hideaway Beach PUD, Ordinance 92-11, by amending Section 4.04.04, Minimum Setbacks, by changing the minimum principal and accessory building setback requirements for lots abutting the beach for the PROPERTY to a measurement of twenty feet (20') landward of the ECL for accessory structures and thirty feet (30') landward of the ECL for principal structures (herein "PUD PETITION~; WHEREAS, the Board of County Commissioners for Collier County has not yet heard or decided the PUD PETITION; WHEREAS, VASEY h~ filed a lawsuit against GIBSON, ROYAL and others in the Sandra F. I/as0 and RoetrJq. I/Ja~ev v. IbTlllam M. Gibson and IVadlne M. Gibson. ef al.. Ca.re IVo. 95.2212.C~.01.CT-C;1~ WHEREAS, the panics to this Agreement desire to attempt to amicably resolve their differences and set forth a course of action in an attempt to achieve a resolution by this Agreement. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the sufficiency of which is hereby acknowledged, the par~ies agree as follows: 1. The parties adopt and affirm the recitals set forth above as true and correct to the best of their knowledge and belief. 2. The parties agree to support an amendment to the PUD to reflect the following rear yard setback requirements for lots located within the PROPERTY: A. Lots 12, 13 and 14 - fifty (50) feet landward of the ECL for principal structures. Accessory structures for Lot 14 shall be thirty (30) feet landward of the ECL. Accessory structures for AGEN OI1NAI'I\f, aIIM.11 Seulement Agreement Page 3 NAY 0 6 1997 (50) feet l~dwn.rd of the ECL, Accessory structures for Lot I3 shall be a stndght llne cormect~g the acce~ory structure setback of Lot 12 [fLfty (50) feet] with the acce~ory structure setback £or Lot 14 [thin7 B. Lots 15 sad I6 - forty-five (4~) feet landward of the ECL for principal structures and thirty (30) feet landward of the ECL for accessory structures; C. Lot 17 - forty-two (42) feet landward of the ECL for principal structures and thirty (30) feet landward of the ECL for accessory struc~res; 3. The parties will use their best efforts to cause Royal Marco Way to be relocated landward approximately fifteen (15) feet within the existing right of way in substantially the distances and configurations shown on Exhibit "B" attached hereto. The property owners of Lots I4, 15, 16 and 17 shall be granted a non-exclusive easement over the fight-of, way for Royal Marco Way to the edge of pavement for purposes of ingress and egress and landscaping, it being understood that the ASSOCIATION retains the right to install and maintain a sidewalk, cart path or similar improvement within the fight-of-way. The landscaping and improvements within the easement area shall be subject to approval by the Hideaway Beach Development Review Committee and/or Architectural Review Committee. The property owners shall be responsible for the cost and maintenance expenses of said landscaping and improvements, and this obligation shall be a covenant running with each lot. The front setback in the PUD for Lots 14, 15, I6 and 17 shall be amended to be five ($) feet from the property iifie (allowing the maximum four (4) foot balcony and/or overhang into the five (5) foot setback). The northern side setback nbutting the conservation area for Lot 17 shall be zero (0) feet. 4. Upon execution of this Agreement, COLLIER COUNTY, In order to settle its lawsuit with GIBSON, agrees to the terms and conditions of this Agreement and to amend the PUD to reflect the terms and conditions set forth herein through its normal processes as required under law. A copy of the proposed PUD Amendment is attached hereto as Exhibit "C". Settlement Agreement Page 4 AGENDA ITru - HAY 0 6 1997 PI..- '~ ' $. Th~ p~t~ und~mand that COLI_~R COU~I~S oblig~tlon~ ~ res~ to ~cnd~g ~e P~, ~e to pro.cd ~th th~ no~ pro~ of ~end~n~ the P~ Or~ ~ set forth herein and that ~ER ~~ h~ made no predete~a~on of ~ P~ or ~ respect to ~ sppmpdaten~ of amendlnt the PUD, ~d ~at ~I ~R ~~ Is not obligated to amend ~e P~, that ~y de.ion of ~~ ~~ ~ r~pea to ~endlng the PUD sh~l be b~ed upon re~iremen~ and la~ mle~ ~d re~lat[o~, including requiremenu of gl la~ roles ~d re~lat[o~ includin$ ~out li~tat[o~ the Collier ~unW ~d Development ~d~ and e~den~ adduced at ~y e~deng~ he~n~. 6. ~R ~~ agrees to use i~ best e~o~ to priced ~ lhe PUD ~endment process and ~ ~ch the hearing before lhe Board of Coun~ sh~l be held on November 7, 1995. However, in no event shall the he~ng before the Board of CounW Co~ssionen be held later than December 1~ I995. 7. ~e ASSOC~ON agrees to use iu best effo~ of Royal Marco Way ~ set foah in this Agreement and to approve and excite any other imtmment necessa~ to effecluate i~ obligations under this Agreement, including an appropriate t~olution by t~ Board of Directon, all subject io i~ no~al pro~ and requirement. 8. ~cept to the extent necessa~ to prese~e existing rightL the parties agree stay ~1 pending legal or administrative actions by stipulation and order of abatement in each matter until ihe cond~tio~ of this Agreement have been met. In lhe event the PUD ~endment is not approved or approvals and permitting necessa~ to relocate Ro~l Mar~ Way have not been obtained ~ set forth in ihis Agreement, the parties may reacti~te lheir ~sting legal a~io~. It is the intent of the parties, lhat the pu~ose of staying the existing litigation, is to maintain the existing status quo. 9. In the evenL and only if, the amendment to the PUD Ordinance oc~ and becomes final, including all appeals, if any, and all approvals and pe~itling nec~ssa~ for the relootion of Royal Mur~ Way have been obtained, the parties agree ~o the following: ~ Foundation Fund. COLLIER ~U~ shall pay the amount of $~ty ~ousund Dollars (S60,~0.~); VASEY shall pay the amount of Sixty ~ous~nd Dollu~ (I60,000.00); and ROYAL shall pay ihe amount of ~[rty AGEN~ Se~llemcnt Agreement NO. HA'f 0 6 1997 Thousand Dollars ($30,000.00), said funds totaling One Hundred'Fift~ Thousand Dollars ($150,000.00) to be placed in an Escrow Account held by Donald A. Pichvonh (hcrefnatter 'ESCROW AGENT9 for the benefit of GIBSON, as partial payment toward piling, structural, buNding and miss redesign wor~ desta'uction and modification of existing improvements; removal and relocation of pilings and foundation slab; recor~tmction and modification w~rk to foundation; and any and all other expenses incurred by GIBSON in ra.odi~,/ng the work. The foundation fund mone~ shall be paid by the parties to the H~CROW AGENT immediately upon the COUNTY amending the PUD as descn'bed herein. No money shall be disbursed by the ESCROW AGENT uniiI the PUD Ordinance becomes final, including appeals, if any, and all approvals and permitting necessary for the relocation of Royal Marco Way have been obtained. In the event the conditions stated in the sentence above ire not met on or before July 1, 1996, then the ESCROW AGENT shall return the monies paid to each of the panles. There shall be no further monetary obligation or contn'bution on the part of COLLIER COUNTY, ROYAL or VASEY as it relates to such foundation expenses. Disbursements for payment of the costs for removal and relocating the slab shall be made by ESCROW AGENT upon receipt of a draw request from an engineer retained by GIBSON ceni~ing that the work has been completed. B. Remove and Relocate Slab. GIBSON shall cause the existing slab located on Lot 14 to be demolished and reconstructed pursuant to the setbacks set forth in paragraph 2 of this Agreement, allowing for balcony and roof overhang of eight (8) feet as permitted by the existing PUD in the rear and as per paragraph 3 of this Agreement in the front. Any accessory structures on Lot 14 located between thirty-five (35) and fifty (50) feet from the ECL, shall be limited in height to approximately nine and one-half feet NGVD, except for railings, trellises and columns, which shall not exceed approximately twelve and one-half (12½) feet NGVD. No column shall be located seaward of forty-two (42) feet from th= EC~_ No vertical acccsso~ Settlement Agreement Page 6 HAY 0 $ 997 su'uaurem exc~t for gr'ad¢ level pool deck at approximately seven (7) feet l,i'OV~ s~alt be Imerrultted bc~een th{~ (30) ~d thin-five (35) feet from ih~ ECL ~r pu~os~ · is p~ph lhe le~ 'approgma~ely' shall mean plus or ~nus ~o (2) inches. ~ Road~y ~nds. Additional ~nds in ihu amounz of One Hundred Fo~ ~o~and Doll~ (~140,~.~) shall be held by ~CROW AOE~ b~ util~d for ~e pu~ose of pa~n~ th~ cost of relocadn8 Ro~! M~co Way, includin~ but not {[~ted to sure,ns engineering, per~, site development pl~ appro~, tree clea~n$ dredge and fill, necessa~ ~ccs, roadway remov~ and replacemen~ tree removal and replacement, reta{ning ~ll, ~ard ~il, ~II, i~8at[o~ sod, ut{l[~ relootion, structural design, pe~[tting, bonding and ~scellaneous e~enses. ~! roadway funds shall be paid into the ~ow Account immediately upon the COU~ amending lhe PUD ~ follo~: '" PORCEI_IJ shall pay the amount of Forty ~ousand Dolla~ (S40,~.~); ~NG shall pay the amount of Forw ~ousand Dolla~ (~40,000.00); DOEBLER shall pay iht amount of Forty ~ous~nd Dollu, ({40,~0.00); OIBSON shall pa~ the amount of Twenty ~ousand Dolla~ (S20,~.~), for a total roadway relocation fund of ~ne Hundred Forty ~ousand ($140,0~.~). In the event the cost to relocate the roud~y is greater than One Hundred Fo~ ~ousund Dolla~ ($140,000.00), ROY~ sh~ll pay the balance. In the event the cost to relocate the roadway is less than One Hundred Fo~ ~ousund Dollu~ (~140,~0.00) but more than One Hundred ~enW ~ousund Dollars ($120,~.~), GIBSON'S contribution shall be returned ~ prorated up to Twenty ~ousund Dolla~ (~20,0~.~). A pro ram rebate of any amount le~ than One Hundred Twenty ~ous~nd Dollua ($120,~.~) to relo~tion of the roadway shall be returned to PORCELLI, ~LING, and DOEB~R. ~ere shall be no further monemu obligation or contribution for relo~ting thc roadway by ROYA~ GIBSON, PORCE~I, ~NG, or DOEBLER other than ~ described in this Agreement. No monies shall be disbu~cd by the ESCROW AGE~ unt[I the PUD Settlement Agreement Puge 7 AGENDA IT;M .. HAY 0 6 1997 Amnndtrmnt becomes final, in.Iud[nS rippers, if ~, ~d ~I appr~s ~d petering ne~ for ~ relo~on of Eoy~ M~co W~y h~ obtained. In the e~nt the ~nd[~o~ stated In the semence uhov~ are not met on or be~ore July 1, 19~, then ~, ~OW AGE~ sh~l rem~ monl~ p~d to ~ of the p~e~ ~e ASSO~ON h~ no mone~ obligation for demolition ~nd relo=don of the sl~h or relo~tton of Ro~l Mar~ Way. ~ER ~U~ h~ no mon~t~ ohitfintton ~th respect to relo~tton of Ro~l Marco W~y or ~ny other monetn~ obligation except ~ d~ed ~n p~g=ph 9 A of this Agreement. D. Rond~y Co~st~fo~. l~ediately upon amendment o~ ~e P~, ~ e~t~ of all ~pplt~hle ~pp~nl~ or appeal p~rio~s, the p~es shall ~il~gently seek to obtain th~ ne~e~s~ ~ppro~l~ ~nd pe~ttlng for ~d co~t~ctlon of the roadway nn~ to ~mm~nce coati.ton o~ the fondly ~ soon ~ pos~ie, It is nntlclp~ted that th~ work ~11 be c~pleted ·" on or before 3uly ~, 199~. ROY~ nn~ ASSOCIA~ON sh~ll h~ve th~ ~ht to approve the d~s~gn, speci~catio~ cont~c~ nnd contrncto~ relating ~o the r~lo~tion o~ Royal M~rco Way. Disbursement of pn~ms for the ~st for relo~ton of Royal ~rco W~y sh~ll he m~de ~ ~CROW ~ ~~. ~ts 1~ ~3 Gn~ 14 sh~ll not bc permitted coat.ct nnd/or ere~ screen enclosures over their respective pool are~. ~is shall be I ~venGnt ~nning ~th the land. I0. Upon satisfa~ion of the conditions set forth in paragraph 9 ~bove, GIBSON sh~l dis~ ~th prejudice, the ~mplaint against ~IER COU~ s~led ~[#nm Gibson and Nad/ne M. Gibson v. Collier Cmtn~. C~e N~ 95-3375-~-01, and their ~unt~rclai~ filed against VASEY in ~, infm, and VASEY shall dismi~ w~th pr~judic~ against all parti~ the Varified Complaint in Cir~it Court of fha ~entieth Judid~ Cir~t in and for Collier County stylad Sa,d~ 'F. Vano and Rage~nz~ ~Hi~ Gib~an and ~ad~ne G~hsan. et at., C~e N~ 95-~2I~-~.01.~. Scttlcmem Agreement Page 8 11. All pa~es to th2 Agreement shall ~ccute rele~e agreements rele~Mg all other panics to this A~'ecment from any and all liabilities and/or claims ~.,-isin$ out of ~hc subject matters of this Atp'cement, including their dkcctors, officers, employces and agents. 12. All panics to this Alrcement shall bear their own costs and attomel~' th.e stop wor.k.o, rdcr, pending thc parties' obligations under this A~reemenL There shall bc no additional application or permit fees due for rclocagon of the GIBSON structures permitted under Building Permit No. 94-8895. 14. The parties have not bccn influenced in any manner or to an), extent to cater into this Atrecment by any representations or statements of the other parties, or by person or persons representing any other party. 15. Any reference to a corporation or other total talky in this Agreement shall also be construed to include its panners, officers, directors, employees and agents. 16. This A~eemcnt shall be binding upon and shall inure to the benefit of the · panics hereto, thck respective successors, heirs and assigns. 17. All parties hereto understand and ai~ree that there are no oral or other agreements, arrangements, representatlons or understandlnss between them relevant to thc matters covered by this Agreement. This Agreement constitutes the whole understanding ' "of which the relationships of the parties with each other as to the matters contained herein are to be governed. 18. This Agreement is an attempt to compromise the differences between the parties and in no way constitutes an admission by any party of liability for any claims of the respective parties, p~;ovlded further that by execution hereof, it is expressly understood and agreed that in thc event that the proposed PUD Ordinance amendment is not adopted and does not become final, including appeals, or that Royal Marco Way not be relocated, this Agreement shall become null and void, and the parties shall have no further obligations hereunder and shall return to the status quo at the time of entering into this Agreemem. 19. Notwithstanding anything herein to the contrary, subject to the setbacks and easements herein provided, the Hidem~ky Beach Development Review Committee and/or Architectural Review Committee shall continue to have and to exercise all of the duties, No. NAY 0 6 1997 Settlement Agtccment Page 9 powers ~nd responsibilities sat forth in Article IX of the Decl~ation (~nd m~y ~mendments thereto) ~s to the Property ~nd ~il improvements thereon. 20. This Agreement may be executed in counterpart~. IN WHT4ESS WH~OF, the parties have hereunto set their hands and seals. NADTNE M. OIBSON~ Date: ,/?- ;7- ~'~ - Settlement Agreement Page 10 HAY 0 6 1997 Settlement Agreement Page !1 blA'( O 6 ~97 Settlement Agreement Page 14 No.~~,/ HAY 0 6 'L997 FORREST M. STARLING TRUgr, DATED MAY I8, 1982 Page 15 NAY 0 6 1~197 HIE)EA~AY BEACH ASS~E~IATION. INC. a Flor[da not-for-profit corporation Settlemcnt Agreemcnt Page ROYAL. MARCO DEVELOPMENTS, · Florida genernl parmership CO, · Florida genernJ pa.rtner~h~p and its genersJ p~J'tner st; ROYAL MA~CO DEVELOPMENTS ONE, INC., · Florldi ~orpor~tlon and · general panner of RONTO DEVELOPMENTS 'l~re$ident Settlement A~'eement Page 16 · HAY 06 I.q97 ,.._/7 - 9A legaI"sU.~ficiency: County ~ttorney I~AY06~97 . Pi .hi: ' HAY 0 6 1997 i EXHZBIT ~.~__ ORDZHAIIC~ All OAD~HAgCE /~EI'IDIII~ ORDZIJAIICE PROP~ ~AT~ ~LLX~ ~y, F~RXDA, MID BY PROVXDXNG ~ EFFE~ZVE DATE. · ta~ to amend ~e ~tXdtnq so,backs ro~ beachfront toro vt~tfl the ~XSSXON~S OF ~LLX~ ~, ~RXDA ~atZ ~ ~~ ~ ~XHX~ S~ACKS SE~ZOg FOR ~ AB~ ~K I~l aa 2~at~ off the ~ plat, Co~rol Line renresen~t the rear va~ ..................... ~*-- ~:~: ~ r--'--f--*r ~ i~*--~ lguth ~tt f~u 9-~2. Bl~t ~1 ' ' ' ~0. HAY 0 6 1697 -I- b. Central Batch Lot! rLote ~o! Ulock ~ f.~ts ~and~erd ~rom the Erosion ConOco! Line for orinctoai ~XClOt vho~e Ruth e~entton ehei! ~rine Front Yard: ~e~tv-~ive ~ea~ northernmost ~uflda~ Of ~C 17 abutteRS Rear Yard ~e~baeks - Prlfl~inal S~cCuret - · he Accesso~ S~c~ure Se~bac~ on ~c 1~ Oeec r30,~ vtth the Accetla~ Structure Secbac~ Lo~ 14 fleet ~50~ and Accesso~ S~ccuret - Thirty lafldvard off ~he Erosion Con,roi Rear Ys~ Setbacks - ~l~cl~al ~t~etu~s - To.v- and lccillo~ Statures - ~i~Y feet f30't landvard o~ the Erosion Control Line, landva~ of tho ~osion Control Line lafldvard of tho iranian Con,roi Line. d. ~ ~erhanos and Saleonles - ~9of ~rha~s va~ orincinal ICructure lecbac~ line. InCa tho resulted five ~oo~ t~*~ fron~ yard on tote 14-t?. Ot~k 1. e. ~nne Vaeetatien 'IA¥ 0 6 t997 the Buildina Cooer91 Line i~ dimaood or de-trovecL.b~ Oepartmmn~ et S~iCO. county, rioted& thts~diy o~ ~, lggS. ~RL?-O~E ~. STUOF~T ASS~STAHT COUNTY ATTORr4EY Pt/O-10-:10 (S) ORDIIIAIICE H'r DEA~AY BEAClI/v& MAY 0 $1~g7 ~XBIBIT This instrument prepared by: Marjorie M. Student Assistant County Attorney Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Phone: (941) 774-8400 KNOW ALL MEN BY THESE PRESENT, that the BOARD OF COUNTY COMMISSIONERS, COLLIER. COUNTY, FLORIDA, collectivcly refcrred to as "BOARD", for an in consideration of valuable consideration received by Board and the covenants and agreements contained in the Settlcment Agreement of the 26~ day of September, 1995, with Hideiway Beach Association, Inc., a Florida not-for-profit corporation, hereinafter tel/fred to as the "Association", and oth~ do hereby remise, release, quit, satisfy, and forever d/scharge the Asmciation togethcr with it~ respective current and former Board of Directors, officers, agents, reptmentative, employees, successors, and assigns, and other persons, firms, corporations, or business entities that would in any way be vicariously liable or legally responm'ble for its acts and omissions from all manna' of action or actions, causes and causes of action, suits, deb~ dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contract~, controversics, agreements, promises, variances, trespas~ damasm, judgments, executions, claims, and dmnand~ w~ in law or in equity, known or unknown, which Board ever had, now has or which, successor, or assign of Board hereinafter can, shall, or may have against the Association or such persons or antities for, upon, or by reason o£ any matter, cause or thing whatsoever arising out of and in any way connected with the subject mattc~ of the Settlement Agrecmeat of'September 2i 0 6 1997 between COLLIER COUNTY mud THE HIDEAWAY BEACH ASSOCIATION, IN., md other~. The undersigned does hereby declare and represent that in making this Release Agreement, it is understood and agreed that the undersigned has relied wholly upon its own judgment, belief, and knowledge of the nature, exterit, and duration of said claims and that it has not been influenced to any extent whatsoever in making this Release Agreement by any representations or statements regarding said claims, or regarding any other matters, made by the persons, firms or corporations who are hereby released or by any person or persons thereby employed. The undersigned understands that this Release Agreement is the Entire Agreement between the parties hereto, and the terms of this Release Agreement are contractual and not a mere recital. The undersigned states that it has carefully read the foregoing Release Agreement and knows the contents thereof and that the undersigned has signed the same as its own free act. This Release Agreement shall be recorded in the Official Records of Collier County, Florida. . .. WITNESS my hand and seal this day of , 1997. AT'rEST: DWIGHT E. BROCK, CLEKK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOKIDA Tn 6THY,/U4U C '%' Approved ~ to form and legal sufficiency: MarjoH~ M. Stud~t Assistant County Attorney