Agenda 02/11/1997 R COLt, ZER COUNTY
~5OXRD OF COUNTY COMMIS$IONER~
AGENDA
Tuesday, Feb~a~ ~ 1997 9:00
NOT~CEt ~L PERSONS ~SH~N~ TO SP~ ON ~ A~A ~T~
~ST REGISTER PRIOR TO
RE~ST~ TO ~DRESS ~ BO~ OH S~CTS ~ZCH ~E NOT
ON ~IS A~A ~ST BE S~MI~ED IN ~ITINO
EXPIATION TO ~E CO~ ~AGER AT L~ST 13 DAYS PRIOR
TO ~E DATE OF ~E ~ETING ~ WIhh BE H~
~P~hIC PETITIONS~.
~ PERSON ~O DECIDES TO APPE~ A DECISION OF
BO~ ~LL ~ A ~CO~ OF ~E PROCE~IN~S PERTAININ~
~RETO, ~ ~FORE ~Y ~ED TO ~S~ ~T A
~AT~ RECO~ OF ~E PROCE~INGS IS ~E, ~I~ RECO~
INCL~ES ~E TEST~O~ ~ ~ID~CE ~ON ~I~
~P~ IS TO BE
~L RE~IS~ P~LIC SP~RS ~LL BE LIHIT~ TO FI~
(5) HI~ES ~ESS pE~ISSION FOR ~DITION~ TI~
G~ED BY ~E ~I~.
ASSIST~ LIS~N~ D~ICES FOR ~E H~IN~ ~AI~
AVAI~LE ~ ~ C0~ C0~ISSIO~RS' OFFICE
h~ ~CESS SCH~ FOR 12~00 NOON TO 1=00 P.M.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. ~PPROVAL OF AGENDA AND CONSENT AGENDA
4. APPROVA~ OF MINUTES
January 21, 1997 - Regular meeting.
5. ~ROgLA~ATIONS AND SERVICE AWARDS
Proclamat£on proclaiming February 9-15, 1997 as
Vocational Education Week. To be accepted by Dr. David
R. Baldaia, Director - Department of Applied Technolog~
and Continuing £duca=ion.
Proclamation proclaiming February 17, 1997 as the 100=h
Anniversary of the PTA. To be accep=ed by Russ Mullero
President of Collier County Council of PTA's.
Proclamation proclaiming Saturday, February 15, 1997, as
Bayshore Family S=roll and £ast Naples Co,~unity Park
Celebra=ion Day. To be accep=ed by Brenda Knauber,
President of Avalon PTA.
~'rv~cs Awards
Ronny Cox - Library Outreach Services - 5 years
C. ?~esentat~ons
1
February 11, 1997
Recommendation to recognize Adelaide Dully, Solid
Waste Department, Public Works Division, as Employee
of the Month for February, 1997.
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
1. General Fund (001)
Community Development Fund (113)
Facilities Construction Fund (301)
PUBLIC PETITIONS
8..CO~NTYMANAGER'S REPORT
A. C0~MUNITY DEVELOPMENT & ENVIRON~ENTAb SERVICES
Board support of the proposal by the Florida Game and
Fresh Water Fish Commission to rope off a portion of
the outer sandbar at Big Marco Pass Critical Wildlife
Area [Sand Dollar Island).
(2) Staff review and recommendations relative to
Ordinance 82-81, as amended, also known as the
Imperial Lakes PUD which, according to the required
Pt~D Status Report submitted by the property
owner/agent, has not commenced construction as
defined in Section 2.7.3.4 of the Collier County Land
Development Code, resulting in several possible
courses of action for the Board of County
Commissioners to consider.
S. PVP~IC wo~xs
C. PUBLIC SERVICES
D. SUI~PORT
E. COVNTYMANAGER
(1] Update the Disaster Recovery Advertising Program,
including the procedures for activating communication
lines, annual design work required and procedures for
authorizing level of advertising and payment for
advertising.
(2) Approve contract with Marco Island YMCA for $120,000
Tourist Development Category C Funds for the Marco
Island S~orts Festival.
9. CQ~TY ATTORNEY' S REPORT
10. BOARD OF COb'NTY COMMISSIONERS
A. Confirmation of members to the the Disaster Recovery Task
Force.
11. OT~ER CON~TITUTIONAL OFFICERS
~UBLIC COM)~T~ ON GENERAL TO~¢~
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEI~S
12. ADVERTISED ~TShIC HEARINGS - BCC
February 11, 1997
Ao ~OHPR£H£NSIV~ P~N M4~END~S
B. ZONING ~~
(1~ Resolution of the Board of County Commissioners of
Collier County determining that revisions to the Toll
Gate Commercial Center Development Order does/does
not constitute a substantial deviation recruiting
further development of regional impact review.
(2) Petition DOA-96-$0 Dr. Neno J. Spagna of the Florida
Urban Institute, Inc., representing Ashley M.
Papineau, partner, Tollgate Commercial Center
Partnership, requesting an amendment to the Toll Gate
Commercial Center Development of Regional Impact
{DRI), Development Order 84-1, amended for the
purpose of extending the time that the development
order remains in effect for the Toll Gate Commercial
Center (DRI).
[3J Request the Board of County Commissioners approve the
Ordinance amending' Ordinance No. 96-16 regarding
vessel speed control and water safety; adding a
definition for Hurricane Pass~ incorporating all idle
speed zones previously designated by resolutions~
adding new idle speed - no wake zones; providing for
conflict and severability; providing for inclusion in
the Code of Laws and Ordinances; repealing
resolutions; providing an effective date.
(4) An Ordinance providing funding for the Juvenile
Assessment Center and Suspension Program through
County Delinquency Prevention fines pursuant to
Section 775.0833, Florida Statutes, as. amended by
Chapter 96-382, Laws of Florida~ providing for a
mandatory cost of three dollars {$3.00) to be
assessed against every person convicted of a
violation of a criminal statute, a municipal or
county ordinance, or a traffic offense in the
County; providing for the court to assess the
mandatory cost of $3.00 and the Clerk of the Circuit
court to collect the mandatory cost; providing for
the collection of costs and disbursement of funds by
the Clerk to the Sheriff; providing the
responsibilities Of the Sheriff; providing for
conflict and severabllity; providing for inclusion in
the Code of Laws and Ordinances; and providing an
effective date. (Continued from 1/28/97)
(5) Recommendation that the Board of County Commissioners
adopt an ordinance amending Ordinance No. 89-11, the
Beach and Water Safety and Vessel Control Ordinance.
(6] Petition AV 96-25, Burr L. Saunders as agent for
Owner, Mark Woodward, Trustee, requesting vacation of
a portion of road right-of-way, as shown on a State
Road 45 Right-of-Way map recorded in Road Plat Book
2, Page 112, of the Public Records of Collier County,
Florida.
13. BOARD OF ZONING APPEAL~
A. ADVERTISED PUBLIC HEARINgS
(1} Petition V-96-29, Craig R. Woodward, Esquire,
representing James and Ruth Ann Walcott, requesting
an after-the-faot 1.95 foot variance to the required
7.5 foot side setback to 5.55 feet for property
February 11, 1997
located at 1582 Biscayne Way, further described as
Lot 8, Block 284, Marco Beach Unit 8, Sec. 16, T52S,
R26E.
(2} Petition CU-96-24, Jeff Swia~ek representing Jeff
Swiatek0 John and Clay Winfield, requesting
Conditional Use '4' of the C-4 Zoning District for
used car sales for property located at 4870 Golden
Gate Parkway, further described as Lots 14, 15, and
16, Block 248, Golden Gate, Unit 7, in Sec. 28, T49S,
R26E, consisting of 4 acres, more or less.
Petition Cu-96-23, William L. Hoover representing
Ferril A. Boutilier requesting Conditional Use "2" of
the RMF-6 Zoning District for a church and church
related facilities for property 1sca=ed on the north
side of Guilford Road approximately 900 feet west of
East Tamiami Trail.
Petition SV-96-5, Tracy h. LeBlanc representing Toys
"R" Us, Inc., requesting a variance from the
requirements of two wall signs for shopping center
outparcels to three wall signs.
14. BOARD OF COUNTY COMMISSIONERS' COM]4UNICATIQN~
15. STAFF'S COM~ICATION~
16.
CONSENT AGENDA
All matters listed under this item are considered to be routine
and action will be taken by one motion with6ut separate
discussion of each item. If discussion is desired by a member of
the Board, that item{s) will be removed from the Consent Agenda
and considered separately.
A. COKMUNITY DEVELOPMENT & ~'NVIRONMENTAL SE2VICE~
(1) Water and sewer facilities acceptance for Camelot
Park at The Vineyards.
B. pUBLIC WORKS
(1) Approve a proposal for repair of an existing
reclaimed water main prior to connection of a new
main within the Right-Of-Way of Davis Boulevard.
(2] Authorization to purchase a replacement 580L Case
Backhoe from State Bid.
(3) To obtain Board of County Commissioners approval off
a Budget Amendment to fund necessar~ modifica~ions to
the Naples Landfill Leachate Pump Station.
C. PUBbIC SERVICE~
(1} Approval of budget amendment recognizing an
additional $29,98~ in State Aid to Libraries in FY
97.
{2) Recommendation that the Board of County Commissioners
authorize the Parks and Recreation/Solid Waste
Departments to purchase recycled playground sports
turf from Con~ract Connections, Inc. for the Golden
4
February 11, 1997
Gate Community Center playground project utilizing
the Florida State-negotiated agreement pricing
schedule contract.
(3) Recommendation that the Board of County Commissioners
of Collier County accept the $30,000 Florinet
Enhanced Connectivity Assistance Grant (Level II)
from the Stare ~f Florida, Department of State
Division of Library and Information Services, and
that the funds be placed in expenditure accounts
according to the attached budget amendment.
D. SUPPORT SERVICE~
(1) To accept a drainage easement from Vincent w. Malerba
and Kathleen M. Malerba who own the property known as
Lots 11 and 12, Block 37, Marco Beach Unit Two, Marco
Island, Florida, to allow the relocation of an
existing storm drain.
(2) Recommendation to declare certain County property as
surplus and authorize a sale of the surplus property.
(3} Recommendation tO approve a budget amendment
recognizing carry forward in Information Technology
F~nd SOS.
(4) Recommendation that the Board approve the assignment
of the lawsuit titled, Gregory vs. Collier County,
Case #97-0122-CA-01-TB to David £. Bryant, Esquire
authorizing staff to prepare an amendment to the
current contract between David £. Bryant, Esquire and
the Collier County Board of Commissioners.
(1) This item has been deleted.
(2) Budget Amendment Report.
F. BOARD OF COUNTY COMMI$$ZON~
G. MI$CELI~u~EOUS CORRESPONDENf~
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY
17..ADJOURN
S
February 11, 1997
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
FEBRUARY 11, 1997
W~THDRAW: ITEM 13A(2) Petition CU-96-24, Jeff Swiatek
representing Jeff Swiatek, John and Clay Winfield, requesting
Conditional Use for "4" of the C-4 Zoning District for used car
sales for property located at 4870 Golden Gate Parkway, further
described as Lots 14, 15, andd 16, Block 248, Golden Gate, Unit
7, in Sec. 28, T49S, R26E, consisting of 4 acres, more or less.
(Petitioner's request.)
February 9-I$, 1997 has been designated Vocational Education Week by the
American Vocational Association; and
profound econOmic and technological changes in our society are being rapidly
reflected in the structure and nature of work causing a gradual shift in the job
market toward more technically trained employees who are equipped with good
reading, writing and math skill, r; and
many of the fastest growing occupationz in F[orida for the year 2005 will be in
fields requiring vocational or occ~ational training leading to a certificate; and
Collier County is ma~'ng efforts to diversify its economic base beyond
agriculture and tourism and to help the establishment of technology-related
companies that offer high-paid employment; and
Collier County Public $chootr provide vocan'onal technical programs at high
schools and the James [.orerao ~alker Ifocational Technical Center that train
students in b=ric and techatt, al~2~ them to meet new demandr of
business
,wth and
bun'ness and
and that of the
~casted to experience
e&~axingthe
'of Collier
' and
vital role that
He further urge
'vocational
~t.vinesz
DONE AND ORDERED
DW1GB~f ~ BROCK. CLERK
BO~D OF C0037'F C034M~IObrERS
corrm~ C0037~. FLORZDA
. riO-~ ~-~'
FEB 1 1 1997
WttEREA&
,"R OCLAM,4 rlO~
the PTA was founded February 17, 1897 by Alice Birney and Phoebe Hearst;
and
over the years the PTA has been instrumental in:
· securing childlabor laws
· supporting compulsorypublic education
· creating a nationalpublic health service
· promoting education for children with special needs
· establishing a juvenile justice system
· makingparent involvement a nationalgoal in Goals 2000; and
the mission of the PTA is three-fold:
· to support and speak on behalfofchildren andyouth in the schools, in the
community and before governmental bodies and other organizations that
make decisions and
· to assist ' need to raise andprotect their
childret
· tO
~ublic schools of this
Hat
units in all 50
WHE~&
t~-IEREA&
has Drear 2.500
the large$~t percent an
~,3~ ':~. , of Florida;
· :::~ q ....'%, , .
children
NOW
DONE,AND ORDERED THIS 11th
A TI'EST:
1997.
BO.4~D OF COUNTY COMMISSIONERS
COLt?ER COUNTE, FLORIDA
TIMOTI~I~. WANCOCK, AICP, CHAIRMAN
AGENDA .~TEM
No._ ~ .
FEB ! ! 1997
WHEREA&
WHEREAS,
WHER EA S,
WHEREA&
WHEREAS,
NOW
PROCLAMATION
the Avalon Elementary School PTA identified a neighb'orhood crime problem
which affected the safety of the children walking along the Baysbore Drive
corridor: and
the Collier County Sheriffs Office implemented the Community Oriented
Policing effort; and
the neighborhood organized several Neighborhood Watch groups; and
the PTA, Collier County Code Enforcement, the Collier County Attorney, and
the Collier County Sheriffs Office worked cooperatively to create a Nuisance
Abatement Ordinance; and
in passing the ordinance the Board of County Commissioners sent a message of
responsibility to absentee owners; and
the Friend~ of the East Naples Community Park, the Avalon Elementary School
PTA, and the Collier Count Community Orientated Policing
Team, ' ' efforts; .,itb help
from the East: and the Collier
Earth0 of community
cele
as
AICP, CHAIRMAN
,,. DWIGHT E. BROCK, CLERK
EXECUTIVE SUMMARY
RECOMMENDATION TO RECOGNIZE ADELAIDE DUFFY, SOLID
WASTE DEPARTMENT, PUBLIC WORKS DIVISION, AS EMPLOYEE
OF THE MONTH FOR FEBRUARY 1997.
OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional
performance plus uniquely identifiable contributions which produce significant results for the
Count>,.
CONSIDERATIONS: Adelaide was nominated by three of her co-workers and has been
employed by County Government for ten years. She performs her "normal" duties tirelessly,
efficiently and with great aplomb, and maintains her exemplary customer service skills no matter
how rude or demanding a customer may be. Adelaide has mastered the new computer program
applications and never hesitates to put in "a few extra minutes" whenever necessary. She is a
very valuable team member and without any reservations, she was nominated and selected as
Employee of the Month for February 1997.
FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for
~his award are available in the FY 97-98 Management Office budget code 173410.
RECOMMENDATION: That Adelaide Duffy be recognized as the "Employee of the Month"
for February 1997.
PREPARED BY:
APeS ~q OLD
Assistant to the County Manager
/'ZZ. 7
I
FEB
Pg.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
February 11, 1997
CLERK'S REPORT
6A.
Analysis of Changes to Reserves for Contingencies
General Fund (001) for FY 96/97
Community Development Fund (113) for 96/97
Facilities Construction Fund (301) for FY 96/97
N:\aclmin\cle~
FEB 1 ! 1B97
~'~....l......
ANALYSIS OF CHANGES TO GENERAL FUND (001)
RESERVE FOR CONTINGENCIES
For the meeting date of February 11, 1997
FY 1996-97
RESERVE FOR CONTINGENCIES:
Original Budget 10/01/96
Current Balance 1/31/97
(Reduc~ons) or increases as explained below
B.A.
Date Request
11-27-96
12-11-96
12-11-9~
12-31-96
1-16-97
1-22-97
EXPLANATION OF REDUCTIONS
Explanation
48 To repair ~ bottoms of the activity and plunge pool.
64 To ~y Unlit7 expenses for Immokalee Child Care Center
68 To repair the Central Library Chiller
92 Reduce transfer to Road and Bridge due to add~onal
revenue received fro roadway sweeping and mowing
110 To execute the Fair Labor Standards Act set*dement agreement
and releases with plantiffs no longer employed by EMS.
119 To recognize carry fcx~ard and reduce required
budget revenues.
4.675,900
5,965,252
1.2~352
(Reduction)/
Increase
(16.500.00)
(11.000 (30)
(14.47500)
(42,770.00)
Amendments amounting to less b%an
$10,000 each: (No.: 29, 17. G6. 69, 51,)
(31.803)
Total Reduct~s
$ 1.289.352_
AC£NOA
FEB 1 $1997
ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUND (113)
RESERVE FOR CONTINGENCIES
For the meeting of February 11, 1997
FY 1996-97
RESERVE FOR CONTINGENCIES:
Odginal Budget 10/01/96 $
Current Balance 1/31/97
(Reductions) or increases as explained below $
EXPLANATION OF REDUCTIONS
B.A. (Reduction}/
Date Request Explanation Increase
1-22-97 112 Funds provided by excess carry forward
277,400
762.600
485.20~
485.200
Total Reductions S 485.~_(~_
N ~a~dmifl~:oa 113.~4~1
FEB 1
ANALYSIS OF CHANGES TO FACIUTIES CONSTRUCTION FUND (301}
RESERVE FOR CONTINGENCIES
For the meeting date of February 11. 1997
FY 1996-97
RESERVE FOR CONTINGENCIES:
OHginal Budget 10101/96
Current Balance 1131/97
(Reductions) or increases as explained below
B.A.
Date Request
11-13-96
EXPLANATION OF REDUCTIONS
Explanation
Amendments amounting to less than
S10.000 each: (No.: 25)
$
$
294.400.00
292,199.00
(2~201)
(Reduction)/
Increase
(2.201)
Total reductions
J~E'I~)A ~T£~
F£B 1 1
EXECUTIVE SUF-V,~RY
BOARD SUPPORT OF THE PROPOSAL BY THE FLORIDA GAME AND FRESH WATER
FISH COMMISSION TO ROPE OFF A PORTION OF THE OUTER SANDBAR AT BIG
MARCO PASS CRITICAL WILDLIFE AREA (SAND DOLLAR ISLAND).
OBJECTIVE:
To have the Board support the proposal by the Florida Game and
Fresh Water Fish Commission to post and rope off a portion of the
outer sandbar at Big Marco Pass Critical Wildlife Area (Sand
Dollar Island).
CONSIDERATIONS:
Sand Dollar Island lies within the Big Marco Pass Critical
Wildlife Area. A "Critical Wildlife Area" (CWA) is defined as
"an area established by the Florida Game & Fresh Water Fish
Commission (GFC) which is regulated to minimize the adverse
impact on wildlife due to man-caused disturbance or destruction"
(F.A.C. 39-1.004(22)). The Big Marco Pass CWA was originally
established on January 18, 1988.
Sand Dollar Island provides a valuable resting, nesting and
feeding area for a variety of birds that are adapted to the flat,
open, ground level habitat at the land/gulf interface. The Big
Marco Pass CWA is only one of two habitats of this type
designated as a CWA found between Flamingo and the Tampa Bay
area. It is, therefore, a very important habitat on the
Southwest Florida Coast.
The GFC is requesting the concurrence of the Collier County Board
of County Commissioners for the GFC to post and rope off a
portion of Sand Dollar Island (see attached letter and maps).
Area A is approximately 6.9 acres and is the area maintained by
the GFC since 1993. Area B is a new area that has not been
posted; it comprises approximately 20.6 acres.
Both areas are state-owned lands. Staff from the GFC have
indicated that the posting of these areas will still allow people
to have pedestrian and boat access to the beach from Tigertail
Park.
FISCAL IMPACT:
Not applicable.
FEB 1997
GROWTH MANAGEMENT IMPACT:
This action is consistent with Goal 7 of the Conservation &
Coastal Management Element that addresses the protection of
fisheries and wildlife, and Goal 11 that addresses the protection
of coastal resources.
~ECOMMEND~TION:
Staff recommends that the Board support the GFC's proposal to
post and rope off portions of Sand Dollar Island (Areas A & B) on
conditions that the posted area is owned by the State and does
not prevent pedestrian or boat access to the Gulf from Tigertail
Park.
Prepared by: f~. _ Date: !
iam D. Lor~h'z Jr., V~E., Director
ral Resources Department
Approved by:~~' ~-- Date: Vincent A. CaUtero, Administrator,
Community Development and Environmental Services
FEB 1 1 1997'
Pg. I~
FLORIDA GAME AND FRESH ~,VAI'ER FISH CO.M.MISSION
JULIE K, blORRIS
Si~$ot~
QUINTON L IIEDGEPETII. DDS
Miami
MRS. GILBERT W. IIUMPIIRLrY
RECEIVED
TIIO.MAS B. KIBI rR
Lal~elaod
ALL~'q L EGBERT, Ph.D. E~cut~.e Director
VICTOR J. H~LLER, A.u~taat E~cud'.e Director
Mr. Nell Dorrill, County Manager
Collier County Manager's Office
3301 East Tamiami Trail
Naples, FL 33962
JAN 1 6 1997
NATURAL RESOURCES
DEPARTMENT
January 6, 1997
E~,T. RG I.AD ES REGION
L~. COL WOODROW J. DARDE.% D~
551 Nonla .Mihtu7 Traa
Weal Palm ~ac~. ~ 1~41,$
Dear Mr. Don'ill:
In our continuing commitment to work cooperatively with the Collier County Board of
County Commissioners, I am once again asking your assistance in obtaining the Board's
concurrence to post and rope off a portion of the outer sandbar at Big Marco Pass. We last
coordinated such an effort with your office in April 1996. The area provided refuge for
hundreds of nesting least terns and black skimmers this Summer, and provided an undisturbed
resting and feeding area for many more birds of all kinds.
Unfortunately, over thc last 4 months, storms have knocked down most of the signs,
string, and flagging. We are therefore asking the County's concurrence to re-post a similar
area on the outer bar. I have enclosed photos with outlines (in red) of the area we would like
to protect. I estimate that this area encompasses about 33 acres. The smaller, circular area
marked in green is the original posted area that we have maintained since 1993. We do not
wish to make any changes here other than to continue to remove signs as thc area erodes, and
to replace damaged or unsighdy signs.
The area on the outer bar presently is being used by thousands of wintering and
migrating shorebirds, and we anticipate that it will once again provide nesting habitat in the
Spring. Posting will ensure a refuge for thc largest accessible concentration of shorebirds in
southern Florida. At the same time, we have selected an area that will not restrict pedestrian
access via boat or from Tigcrtail County Park.
Your assistance in obtaining the support of Collier County for this action
appreciated. By copy of this letter we also are seeking the consent of the
1943 - 1993
50 YEARS AS STEWARD OF FLORIDA'S FISH AND WILDI
FEB 1 1 1997
F£ e=. ~
Mr. Neil Dorrill
Page Two
January 6, 1997
Lands for the seasonal posting of the northern sandbar.
~n
Regional Nongame Biologist
WLD 4-4-4
Enclosure
Ms. Tracy Peters, Florida Department of Environmental Protection
Mr. John C. Norris, Collier County Board of County Commissioners
Lt. Col. Woodrow Darden, FGFWFC
Mr. Brian Millsap, FGFWFC
Mr. Jim Feiermg, FGFWFC
FEB 1 1 1997
GFC
PROPOSED
PEDESTRIAN
Big Marco Pass
AREAS TO
CONTROL
TRAFFIC
HIDEAWAY
:BEACH
Tidal
Lagoon
Proposed
CWA
Area B
Old
CWA
Area
10~
Feet
SCALE
GULF
o-F
MEXICO
A
EXECUTIVE SUMMARY
STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 82-81, AS
AMENDED, ALSO KNOWN AS THE IMPERIAL LAKES PUD, WHICH, ACCORDING TO THE
REQUIRED PUD STATUS REPORT SUBMITTED BY THE PROPERTY OWNER/AGENT,
HAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE
COURSES OF ACTION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER.
OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations
regarding the Imperial Lakes PUD.
CONSIDERATIONS: This PUD was originally approved on September 14, 1982. Section
2.7.3.4 of the Collier County Land Development Code requires that the project developer submit
an annual report on the progress of development, commencing on the fifth anniversary of the
PUD approval by the Board of County Commissioners. The singular purpose of this report is to
evaluate whether or not the project has commenced in earnest in accordance with the criteria
set forth in Section 2.7.3.4. For those PUDs approved prior to the effective date of adoption of
the Land Development Code, the five year approval period commenced on the adoption date,
October 30, 1991. Therefore, the conditions set forth in Section 2.7.3.4. are applicable as of
October 30, 1996.
The above referenced PUD has been identified as a project which was approved pdor to
October 30, 1991 and which has not commenced construction as defined in Section 2.7.3.4.
Staff has utilized the required PUD status (monitoring) report, supplemented by field observation
and review of in house records to verify the current status of the PUD and as the basis of a
recommendation to the Board consistent with the options provided in Section 2.7.3.4 (1) & (2).
Section 2.7.3.4 reads as follows:
2.7.3.4. Time limits for approved PUD master plans. In the event that a PUD
master plan is given approval, and the landowner(s) shall:
Fail to obtain approval for Improvement plans or a development order
for all infrastructure improvements to include utilities, roads and
similar Improvements required by the approved PUD master plan or
other development orders for at least 15 percent of the gross land
area of the PUD site every five years of the date of approval by the
Board of County Commissioners; and
Fail to receive final local development orders for at least f5 percent of
the total number of approved dwelling units in the PUD, or in the case
of PUDs consisting of nonresidential uses, 30 percent of the total
approved gross leasable floor area within the PUD every six years of
the date of approval by the Board of County Commissioners.
The project developer shall submit to the Planning Services Direc or
a status report on the progress of development annually
FEB 1 1 1997
Pgo /
o
commencing on the fifth anniversary date of the PUD approval by the
board of county commissioners. The singular purpose of the report
will be to evaluate whether or not the project has commenced in
earnest in accordance with the criteria set forth above.
Should the Planning Services Director determine that the
development has commenced in earnest, then the land shall retain its
existing PUD approval and shall not be subject to additional review
and consideration of new development standards or use modification.
Should the Planning Services Director determine that the
development has not commenced In earnest, then upon review and
consideration of the report provided by the owner and any
supplemental information that may be provided, the Board of County
Commissioners shall elect one of the following:
To extend the current PUD approval for a maximum period of two
years; at the end of which time, the owner will again submit to the
procedure as defined herein.
Require the owner to submit an amended PUD in which the
unimproved portions of the original PUD shall be consistent with the
Growth Management Plan. The existing PUD shall remain in effect
until subsequent action by the board of the submitted amendment of
the PUD.
If the owner fails to submit an amended PUD within six months of
Board action to require such an amended submittal, then the Board
may initiate proceedings to rezone the unimproved portions of the
original PUD to an appropriate zoning classification consistent with
the Future Land Use Element of the Growth Management Plan.
In the case of developments of regional impact, time limit restrictions
shall be superseded by the phasing plan and/or time limits contained
within the application for development approval and approved as part
of a development order in conformance with F.S..~ 380.06.
Synopsis of Approved Land Uses: This PUD was approved for 430 multi-family dwelling units
on a 78.2 acre parcel. The PUD contains 12.5 acres of preservation/open space areas. The
gross density for the PUD is 5.5 dwelling units per acre.
Consistency with Comprehensive Growth Manaqement Plan: The subject PUD is within the
Urban Designated Area and within one mile of the US 41 - Wiggins Pass Road Activity Center
on the Future Land Use Map (however that Activity Center does not have an associated
Residential Density Band). The PUD is within the Traffic Congestion Area. resulting in a
reduction of one dwelling unit per acre from the four dwelling units per acre allowed in the Urban
Area. The approved density of 5.5 units per acre is greater than the 3.0 units per
under today's FLUE density rating system. Based on staff review of the approw
the density of the PUD has been determined to be inconsistent with the Collier (:
-2-
3unty Growth ~
FEB .1.1 1997
Management Plan. It should be noted that in February 1991, the PUD was exempted from the
Zoning Reevaluation process due to the fact that the property owner had dedicated the north 50
feet of the property to the County for Livingston Road ROW. Section 2.1.16 of the LDC states
'Any use or structure that has been granted a compatibility exception, an exemption, or vested
rights pursuant to the Collier County Zoning Reevaluation Ordinance, Ordinance No. 90-23
(1990) [Code ch. 106, art. II], shall be a permitted use in the zoning district in which it is located
to the extent of its approved maximum density or intensity of use and to the extent that it
remains effective. Such use or structure shall nevertheless comply with all other requirements
and regulations of the Land Development Code." In that citation, the phrase 'to the extent it
remains effective" could be interpreted to mean that such properties are subject to sunsetting.
It should also be noted that in April 1990, Site Development Plan 89-134 was approved for the
Imperial Lakes PUD. The SDP approval contained the stipulation that 'No building permits shall
be issued until Livingston Road has been constructed to this project and accepted by the
County". This section of Livingston Road is not on the County's current work plan.
Consistency with the Collier County Land Development Code: The PUD has been
distributed to the appropriate jurisdiction review entities specifically for review of the PUD for
consistency with current land development regulations. Based on that review, the following
inconsistencies have been identified:
Environmental: No environmental stipulations normally associated with a PUD are contained in
the PUD document.
Engineering: page 4; Exceptions to County Subdivision Regulations include waiver of street
construction, length and curb standards and a waiver of utility casing requirements.
Site Specific Conditions of Approval: Staff recommendations relative to each condition of the
original rezone approval are listed below:
Conditions of Approval: The PUD document states that 50 feet of the northern property line
shall be reserved for an east-west arterial road. Also, the PUD requires that right and left turn
lanes be provided at the project entrance.
Staff Recommendation: No change in site specific conditions. It should be noted that the
reservation of 50 feet of ROW has been made and the property has been deeded to Collier
County.
POLICY CONSIDERATION: In the Imperial Lakes PUD, the property owner deeded 50 feet
along the northern property line to the County for right-of-way for Livingston Road. This
dedication caused the PUD to be exempt from the Zoning Reevaluation process. In a
November 25, 1996 memorandum (attached), Assistant County Attorney Marjode M. Student
states that the previously cited phrase 'to the extent it remains effective" could mean that even
a property which was excepted from Zoning Reevaluation could be subject to the sunsetting
provision. Thus, with regard to the application of Section 2.7.3.4, staff is of the opinion that
there needs to be a policy decision by the Board as to the vested status of such PUDs.
Additionally, the property owner submitted a Site Development Plan for the property in 1989,
prior to the adoption of any PUD sunsetting provisions. The approval letter stated that no
building permits were to be issued until the completion of Livingston Road, a sit
the control of the property owner.
m3--
FEB 1 1 1997
PI. '~
It is the opinion of staff that the Board, in this particular case, has three possible options: 1) Extend the PUD zoning for two years.
2) ReqUire that a PUD amendment, including a maximum density compatible
with the Growth Management Plan, be submitted within six months.
3) Require that a PUD amendment, with a maximum density of 5.5 units per
acre, be submitted within six months.
FISCAL IMPACT: A revision of this PUD, as recommended by staff, will have no fiscal impact
on Collier County.
STAFF RECOMMENDATION: Based on the fact that the project density is 2.5 units per acre
more than what is permitted under the Growth Management Plan, staff ~ that ~
Board of County Commissioners direct the property owner/agent to return to ~ Boant within sax
months of today's date with an amended PUD, addressing the items noted in ~ ~
summary and bringing the PUD into compliance with the Land Development Code.
PREPARED BY:
DATE
REVIEWED BY:
~E, AICP, MANAGER
CURRENTPLANNING SECTION
/-/~,~
DATE
DONALD W. ARNOLD, AICP, DIRECTOR DAT, E ~'
PLA~G SERVICES DE/~T~NT
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Imperial Lakes PUD EXT
-4-
FEB ! 1 1997
LOCATION MAP
AG £N,P,&,ITE, M ,,
FEB 1 1 1997
_ Pg, ~--,~
· ORD/.H,UICE 82- 81 ' '
AN OILDINAZ{CE AHENDINC O~I~ANCE 82-2 ~E COK-
: ?REII~SIVE ZONING R[CU~T[O~S FOR TIlE UUZNCOR-
~O~TED ~ OF COLL~[R CO~, FLOR[DA ~Y
.[ ~IE~DI~IG TIlE ZO:I[~C AT~S P~F KL~IBER A3-2~-5 BY
C~CItlC ~11~ ZONIUC C~SSIFI~TION OF TH~ ~ER~ZN
DESCRIBED R~ '?RO?ER~ ~OH 'A-2 ~ND "ST' TO :
"?~" ?~NH~ UI{IT DEV[LO?H~{T FOR
~S LOCATED ~E OF K~HLIr;C CO~C~ ~T ~
HORTH OF IH?ERIAL UEST GOLF COUPE ;
- ~ROVIDZNC ~ EFFZ~IVE DATE:
.- . . ~E~, Foul Toppino, petitioned ~he ~oard o~
"' ~o~i~siouers to cbaule the Zoning C}assiftcation o~ the bet',tn
: ~escrtbed teal property; Z ' : .."
.. ' -. ' ' 110~,. TBEP~TO~ BE IT O~AIH~ by the ~oard o~ :.:Count~
Co~issionets. oi Collier County, Florida:
~ ·
. .'" ·
" ' f~l
'~ ~1ON OH~: .. ~ · ' ~'~ ' · ·
. . , · ~. ~3)-'
Tlorl~a 1~ c~anied ~ron 'iA-2 and ~ to "F~" F1nnned
-' .Development tn accordapce with the ~ ~cunenC a~cacbed hereto as
~h/bit "A" vhlch is i~corpo~ate~ herein and by reference made parc
" hereo~. The Officlal Zoot=; A:la~ ~ ~unber, ~uubet 48T25-5,
described in Ordinance 82-2, is hereby amended accordingly:
~st ~ of the ~E~ of Section 15, Tounshtp 48 South,
.. · ' ,
'. . · ~ ~ ~..'
' '.'. '~ ~&' ' ~r ~. /"' ' . ' , _ * ~
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SECTIO~I 'tl~O: * J ' ''
?hts Ordtn~nce si)ail becoae effective u~on tccct~t o~ nottce
that ~s has been ftlea vtth the Sectetar~ of State.
DA~: ~P~ ~4, 1982 . .' ~O~O OF.COU~
~LLZER COUrt. ~LORZDA
~ '
~.~~ ~ :............
;~?~;:~?~.~... ......'...'~..... .-."--
t~;::..;~'~.~;L~' .' "' ' ' ..... · ' ·: '
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IMPERIAL LAKES
'PLANNED U~IT DEVELOPMEN'i' DOCUMENT
DISTRICT ZO'NE: PUD : ''
Multi-family dwellings; temporary s~wage treatment and disposal facility·
PERMITTED. ACCESSORY USES r, STRUCTURES.'-
"' ': ':' Recreational·ln.d utliltarian access~r'y'nases' and struc<ures .which are
Customary In multi-family residential communltles~ admi;listrative and
'sales offices, ~vhlch offices may be located In tem~orar"y or per~lanei~t
~ -- structures and may be located ~vlthin a residential structure.
Temporary commercial f~ll pits. Removal of commercial fill from a project
.... '" . lake shall be terminated prior to the development of al;vailing units on
· .:. ~hat lake, and shall only occur in accor, d wlth. standards Incorporated '
· : In a County approved commercial excavation permlt.
· 'M^X1MUM CROSS PROJECT DENSITY:
· .. .,. 5.5 units per acre· ..T.otal d.w..ellldg unlt count shall no( exceed ~30.
: Minimum bullding setback from street: $0 ft. from ba'c~ of curb
· . . .......· :. . for muitl-family struct~reSo '3~ ft.' from back of curb for
· ' .' accessory structures.
· I~inimum rear yard: .25 feet " · .... .' : ' ,
Minimum side yards: On,-half the buildlng height, but not less
'than 10 feet.' '. .'
/,L~xlmum building height: S stories.
'' 'M[nlmum dwelllng unit flor area: 1,000 sq. ft.
Mlnlmum offs:reel parking spaces:" 2 spaces pe~; dwelling unlt, 1~
of which shall be Impro.vedo 1~2 of which may be unimproved.
- , and landscaped· Planned, but unimproved spaces shall be
Improved at a future data when wa~:ran{od by tho Zonlng .
I~lrocto~.
Imperial Lakes * ..
· . Planned Unit Development Document '' ,...
..P?..~e 2. " "..
MUlTI-FAMILY O~VELtJlNC' UNIT DISTRIBUTION: .. ..
Multi-family dwelli~g unit dlstrlbut~on shall occur' generally as Indicated
- .. on the .approved Maste~' Plan. Two or more adjolnln, g multi-family sites
may be joined to become a single dev. elopment site. With the approval
of th'e Director, minor changes In Io~ llne location and in the distribution
of multi:family dwelling units indicated on the approved Master Plan may
F-: . be made,, so long as the total multi-family dwelllng unit count does not
S~ER,PLAN ::: ' . '. :r:r.;. .,~ · ~......:.. .. · a ........ tr.:
The ap'proved Imperial Lakes Master Plan sh~li .also constitute-the :'
approved Subdivision Master Plan.
· ' STREETS: '
:~tre~'ts' within the 'project '~ill be privately owned and maintained.
Ali si?eels with'in the project shall be classifi;,d as local.
:: · .,- :' ·
EXCEPTIONS TO COUNTY S'UBI~iVISION' REGULATIONS:
Article X, Section 19: Street name signs shall be approved b~; the
County Engineer but need not mee( the U.S.D.O.T.F.H.W.A.
Manual of Uniform Traffic Control Devices.' Street pavement
i * '~ p. alnting, st.r. Ip[ng, and reflective edging requirements st~all be
waived, except at the project entrance dri~'e and at Interior
· Intersectlons. '
: Article XI', Se'~ion' 17.F. I; G.: Street righ~-ot'-way and 'cross ~ction *
.. shall bo as 'sho~n on the following p'age. ' . .:
~rtlcle XI, Section '17.H.: The' 1,000 ft. maximum de.ad-end street
.l~ngth requirement shall be waived. '.
Article Xl, Section 1'7.1.: Back Of curb radii at street intersections
shall be minimum of 30 feet.
~rtlcla Xio .Section 17. K.= The rcqul~'ement for .100 ft. tan~,ent section
between ~ever'se curves al streets shall be waived...
The requirement for blank utility casings shall
'Article Xl, Section 21.:
bo waived.
Imperial Lal<e~o PUD,.Page 3. ,
IMPERIAL LAKES. RO/:',DWAY 7YPIOALS
· ~' :..
PERIMETER ROAD
N .T .S:
..SOUTHERN & INTERIOR ROAD
Future connection may he allowed to .perime~er road from
soutk easement. .'
~TA~UZ~D ' 5U~GmAD~ L'~ ~ · ~
· ~ttT IOF 2.
· ** .' ."'"" I,, * °° "~
'" 'Imperial LakeSo.. .~' PUD
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IM[zE~iAL-EPi[;(E~ .ROA[J.W.~\; T.YPIiC_,?,LS . .
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o~ ........... . ................. . ..
' .,3< . 60~. ~q .. .
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'?;-'"~--.?::'-C-~.~..~-~.'~-*: ;' :g'~.. '?f~'.~ C~,.~ _,fw,'~..,. ~...~'["~__~Z,C..Z... . · . .~....~ ;,'~. . - ~.,, ~ .....
;:' ._ - '.; ' ,' -..f-- -: ?..- :'.-- ~.-. ;: ~ :_T. g~~.~=,-,r.,-
Imperial Lakes
Planned Unit Development Docum.ent
F3g: S. ' t'
PUD APPROVAL.' STIPULATIOHS.
The foUowing stlpulatlo, ns were made a part of the
County Commlssloners approval of this PUD document.
TRAFFIC I~:PROVE,%:r' NTS:
oo · : '.'
"1. The developer shall provide left and right turn storage
· lane's on CR-887 at its intersection with the proiect
· -.entrance road.
2. 'F'Tft7 feet o( right-or-way [1/'2 of' a'planned 100 ft. right-
of-way) shall be reserved along the north property boundary
to accomodate an east/west arterial road shown on the
County Comprehensive Plan· If thls planned east/west
arterial is deleted from the comprehensive plan at a future
date, the developer shall bo released from thls right-of-way
reservation obligation.
UTILITIES:
All construction plans and technlcal specification for the
proposed Utility.Facilities must be reviewed and approved
by the Utility Divlsloh prior to commencement of construction·
2. All on-site and off-site Utility Facilities construction by the
Developer in connection with the Development shall be ~
constructed to County Standards at no cost to the County
' "and ~]~all be deeded to the.County Water-Sewer District,-..'
· in accordance with applicable County Ordlnances and Regu- .
.latlons. . ·
3. ^II customers connecting to the sanitary sewer and water
dlstrlbutlon facilities will be customers of the County
Water-Sewer District and will be billed In accordance with
· a rate structure appro.ve'd by the County·
q, All construction of proposed sanitary sewer system' sh311
utllLze the proper methods and materials to Insure water
· tight conditions. ..
· !!mp~rlal Lmkes
pI,anned Unit Development Document '.
Page G. . .
S. Data pertaining to percolatIo~ rates for the proposed
' ~ewage' disposal ponds shall be submitted with the con-.
structlon plans to eld in evaluating th~ capacity of the
'site to handle the proposed wastewater flow.
G. Appropriate Utility Easement dedicated to the County
.Water-Sewer District must be provided for the propolsed
· water.and sewer l'acilitles to be constructed, when they
do not lie within publlc right-of°way or Utility Easements.
7.- Data required under County Orc~Jnance No. E0-1t2 mus.t.b.e ·
submitted and approved prior to approval of the constructlen
documents for' the project. A copy of the approved DER
permit application for the sewage collection and transmission
system and a copy of the approved DER permit application
end construction permSt for the.wastewater treatment facility
to be utilized shall be submitted to the County Utillt¥
..
Department.
8. The petitioner and/or his assigns acknowledges that adeq. uat~-
water supply and pressure may not be available from t.he
County's Regional Water System to the project when con-
': ";tr;~cti~r; Ii ~'eady 'to' commence. .
If both adequate'~upplY and pressure arq not available at
the time constructlbn-is to start, building permits .w!!l not
· be Issued until the petltlor~er' or hls assigns presents plans,
specifications, and c~st estimates prepared by a Florida
'.. registered engineer to' the Fire Control District and Utility
Division for th:elf approval. These documents must show
that the petitioner is able and committed to provide on-s;te
water supply or storage facilities, a~ec{u:te.and capable of
" meeting the water demands of the proposed development.
'.These on-site facilities must not adversely affect the
· operation and safety of the exlstlng' water s.upply and
service area.
Imperlal Lakes
Planned Unit Development Document
Page,.?.
10. If Interim on°slte facilltles are required, the Developer
· ' Is strongly, encouraged to coordinate bls planning efforts
.. with Utilities Division. A joint financial cooperation and
· ' effort on the part of the Developer..and other Developers
In slrnilar circumstances' may permit the construction of'
.. ,,permanent facilities in advance of the Distrlct~ schedule
and flnanclal ab~lltles. . .
11. Connec~lon to the County*s Central ¥1ater and Sewer facilities
'will be macac by the owners, their assigns or succossorso
at no cost to the County Water-Sewer District within 90 days
· " after such f~cilltles become available. ...
· .~.;.. ! 'COMMERCIAL EXCAVATION PIT:
1. Ali applicable provisions of Excavation Ordinance No.10-25
shall be adhered to.
D~pth of excavation is.llmlted to elevation -7.0 ngvd. for the
north lake (L~ke I) and -~1.0 ngvd. tot. the south lake(Lake I:.
and a ~ater quallty monitoring program shall be initiated.
Ho blasting shall be conducted unless a Bias'flag Permit is
o~talned from the County Engineer.
There shall be no off-slte discharge of groundwater fi'om
the excavation pits.
The commerc;al excavation shall not exceed three years in
duration from LI-,e clare of issuance of the excavation permit.
The Sout~ eas.e~ent may be
for one C1~ yea~ after start o~ operations o~ fill
'&
activity.
I-4
F'
'0 F
F'
Z
NO. ~
FEB 1 1
YOUNG, VAN ASSENDERP ~: VARNADOE, P.A.
TO'
FROM:
NAI'I,E.q
MEMORANDUM
POl~ Or~l BO. 1833
Tft CCOm~ (gOd)
eOI LAUIgL OAK O"lV~. SUITe 300
POlt OrrtCt ~ 7gOT
NAeL[S. fLOmOa 34~01'7907
T[L[ffNON[ (gm) 597.ZSt4
T[LrCOm[. [gm) 597.
Vince Cautero, Community Development and Environmental Services
Administrator
Wayne Arnold, Planning Services Director
Bob Mulhere, Current Planning Manager
Marjorle Student, Assistant County Attorney
Fred Planner I1
Reischl,
R. Bruce Anderson'~<~
RECEIVED
JAN 2- I.°.07
DATE:
December 31, 1996
PLANI'aN~ ~,~"WICES
SUBJECT: Imperial Lakes PUD Sunset Review
I am in receipt of the opinions from the County Attorney's office regarding PUD Sunset Review as
applied to PUDs which have previously been granted a zoning re-evaluation exemption, an issue that I
raised early on with regard to the above referenced PUD in a letter dated September 11, 1996, a copy
of which is enclosed. In light of the concerns expressed by the County Attorney. this memorandum is
to request that the previously drafted staff recommendation to down-zone this property be reconsidered
by Planning Staff and the subsequent recommendation be reviewed by the County Attorney's Office. In
addition to being a vested PUD for purposes of density, the last approval stipulation for this project
prohibited the issuance of any building permits until the County completed construction of Livingston
Road Extension. I would question whether the five year review time frame can even begin to run on this
PUD until the County has completed the Livingston Road Extension, since the County has prohibited my
client from being able to comply with the site development necessary to avoid the PUD Sunset Review.
I would also point out that by virtue of its zoning re-evaluation exemption, based on dedication of
property to the County, this project is deemed consistent with the Comprehensive Plan by virtue of FLUE
Policies 5.9 and 5.10; therefore, before the County can even consider whether to down-zone this PUD
on the basis of inconsistency with the Comprehensive Plan, the County must first amend these
Comprehensive Plan provisions which recognize that this and other similarly situated PUDs are consistent
with the Plan.
Please kccp mc advised as to the status of your review and when and if this PUD
the County Commission for a PUD Sunset Review. Thank you.
2 "'impefi~1~ 12 31 c~6 mere
iii AGENI3J~JT.£U~. -
FEB 1 1 1997
You~, v~ A$$ENDERP & VARNADOr-, P.A.
ATTORNEYS AT LAw
I~ C ~'L~ TO:
NAPLES
C. .&.n£~CC
Marjorie M. Student, Esq.
Assistant County Attorney
~ollier County Attorney's Office
3301 East Tamiami Trail, 8th Floor
Naples, FL 34112
RE: Imperial Lakes PUD, Sunset Review
September 11, 1996
=DSt Orr~[ ~x 7907
Robert J. Mulhere
Current Plannin~ Manager
Devolopment Se~ices Division
2800 N. Horsesh~ Drive
Naples, FL 34[04
Dear Ms. Student and Mr. Mulhere:
Our firm represents N. A. Realty Trust, Inc. the owner of the above
referenced property. They recently received a letter :rom the Current
Planning Department notifying them thac their property '-~''
--:: be subjected
to a five year PUD sunset review under Land Development Code ("LDC")
S__ection 2.7..3.4.
The purpose of this letter is to object to the inclusicn of this PUD in
any sunset review. The objections are based upon tke fact that tke
approval stipulations imposed in the PUD document by the County
Ccmmission at the time of approval required 50 feet of r~h: of way to be
reserved along the north property boundary to accom~.odate the long
planned east-west extension of Livingston Road. In November 1983, this
50 feet of right of way was dedicated by Warranty Deed to Collier County.
A copy of chat Deed is enclosed. Further, during the i-.-plementation of
the Zoning Reevaluation Ordinance, which is the forerunner to the present
day PUD sunset review requirement, this PUD was expressly exempted from
zoning reevaluation on the basis of the right of way dedication. A copy
of the Zoning Reevaluation Exemption letter is also enclosed. There must
be a provision made to exempt from the sunset review requirement any PUD
which has made a dedication of property to the County and received a
Zoning Reevaluation Exemption based thereon. I do not believe that when
the PUD sunset review requirements were adopted that it was ever
contemplated that this provision would be applied to projects which had
been required to go through the zoning reevaluation process and
determined to be exempt based upon dedications of property to the public.
Under these circumstances the County has received the benefit of the
bargain and now attempts to relieve itself of the obligation to recognize
the development rights upon which the dedication requiremenl~wasAG~W~,~
in the first place. No. ~.~
FEB 1 1 1997
LETTER:
SUBJECT:
DATE:
PAGE:
Marjorie M. Student, Esq.
Robert J. Mulhere
Imperial Lakes PUD, Sunset Review
September 11, 1996
2
Another ground of objection is the fact that in April: '_590 Final Site
Development Plan approval for this PUD was issued, -__-wever, the SDP
approval contained a prohibition on the issuance of bui!-~-ing permits for
the PUD until Livingston Road had been constructed to :l-.e project and
accepted by the County. This very prohibition in the Final SDP approval
letter, a copy of which is attached, made it impossible f--r the developer
to commence construction in earnest as purportedly required by the sunset
review provisions of the LDC. It is the County's ow~. action and lack
thereof, that has kept this development from complying '.'i~h LDC Section
2.7.3.4.
Lastly, I would object to the sunset review being applied to approved
PUDs on the basis of the recent private property ri_--k~-s protection
legislation. If the County wishes to impose new develc.=.ment conditions
that have the affect of lowering the value of the prc.=er:y, under the
property rights legislation the County must be prepared --~ pay for that
diminution in value.
The foregoing issues probably need to be discussed '.'!-_h the County
Commission as it relates to more than just this PUD. In -_he meantime, I
would respectfully request that, as a temporary measure -..'=u recommend to
~-he County .Commission a two (2) year extension of the F.-D. as authorized
in Section 2.7.3 '4, while we all address the larger issues raised in this
correspondence. Should you have any questions _-r problems in
recommending the extension, please contact me.
Thank you for your attention to this matter.
Sincerely,
R. Bruce Anderson
Enclosures as stated
cc: John Hayes
Mark Strain
RBA/bd
2'2~208SN
FEB 1 1 1997
'" ..... MEMORANDUM
[)ate: November 25. 1996
Re:
PUD St, nsetting Procedure and Process
RLS No. PLS 96103101
Irt your October 18. 199(5 Memo you pose four questions as follows:
!. Does thc Board have the legal right Io p.t a lime limit on a rezoning action?
All inconsistent PUDs wcrc reviewed umlcr the ZRO program and decreed to be consistent
on lhe basis ot' improved property or compatibility. (.'att the BCC eliminate or otherwise
atTect density or intensity of land use for these PUDs.?
Can the BCC reduce density or intensity o1' land use.~ otherwise consistent with the FLUE."
4. Can the BCC eliminate certain uses I'orm a PUD other, vise consistent with thc FLUE?
In response to Question i, it is my opinion that the BCC could impose time limits on
rezonings. I have searched the Florida case law and could find no cases on this. Should the
Board impose such a time limit, upon the lapse of that period, there could be uo "automatic"
rezone to another district nor could there be a reversion to the previous zoning district. Op. Atty.
Gen. Fla. 72-104 (1972). So long as the BCC conducted public hearings on the proposed rezone
that would take place at the end of the time frame determined for the prior zoning, there should
be no problem. Of course the Board would have to take into account the criteria for rezonings set
forth in Subsections 2.7.2.5 and/or 2.7.3.2.5 of the Land Development Code (LDC); review the
Staff and Collier County Planning Commission's (CCPC) recommendations on same and
cenduct public hearings. Any time-frame established must be reasonable.
In response to Question 2, it would be my opinion that each situation must be reviewed
on a case by oa~,e basis. As to improved property, I do not see how improved property would
even meet the criteria needed for PUD sunsetting since there must be substantial improvement on
the property in order to receive that designation. In other words, such properly should be a legal
non-conforming use.
As to compatibility exceptions Subsection 2.1.16 of the LDC may contro
provision states:
FEB I 1 1997
.,et'25, 1996
., Mulhcre
Sunsetting Procedures &: Process
Page ,~
Sec. 2,1,10. Efl'ect of approvals under lite zoning rccvalualion ordinance.
^ny usc or structure that has been ~rantcd a compatibility exccptio., au ,
exemption, or vested rights pursuant to the Collier County Zoning Reevaluation
Ordinance, Ordinance No. 90-23 (1900) [Code ch. !06, art. II], shall be a
permitted use in the zoning district in which it is located to the extent of its
approved maximum density or intensity of use and to the extent that it remains
etTective. Such use or structure shall nevertheless comply with all other
requirements and re§ulations o1' Ihe land development code.
However, it could be argued that the language "to the extent it remains effective"
contemplates the Sunset Provision - Subsection 2.7.3.4 et'the LDC and thus a PUD receiving a
compatit)ility exception could be subject to the sunscttin.e provision, in any event, such projects
shot, Id slill bc cvaluatcd usin§ Ihc fez. one criteria set f'orth in Subsections 2.7.2.5 and/or 2.7.3.2.5
of the LDC. 'these orcourse include compatibility and consistcqcy with thc Growth
l~.Innagcmcnt Plan (GMP).
in response to Question 3, it is my opinion that thc BCC can reduce density or intensity
of land uses consistent with the Future Land Use Element (FLUE) so long as such reduction
would: ( i ) meet the criteria For rezones set forth in Subsections 2.7.2.5 and/or 2.7.3.2.5 ot' the
LDC; (2) not interfere with vested rights of thc proicct: (3) not trigger thc Bert J. Harris, Jr.
Private Property Rights Protection Act (Section '70.001. EIg.~); (4) not intcrf'crc with
the af'f'ordable housing rcquircrnents o£ Subsection 163.3177(6)(f) orthc Growth Management
Act.; and (5) not result in exclusionary zoning.
, Thc response to Question 4 is thc same as the response to Question 3.
Please be advised that pursuant to Board of County Commissioners of Brcvard County v.
Sn.v_.4~, 627 So.2d 469, 475 (Fla. 1993), a local government has discretion to decide that thc
maximum development density permitted by thc comprehensive plan should not bc allowed so
long as some development is approved that is consistent with thc plan and is supported by
competent, substantial evidence.
We have disposed of the other matters discussed in the memo as a result of a meeting
earlier this month.
[£ you. have any further questions or comments, please do not hesitate to contact me.
h-./e~,/mmsJmemo~l~iulhere Suasetlln~ frocedur~
cc: David C. Weigel
RESOLUTION 97-
2
. 3
A RESOLUTION BY THE BOARD OF COUNTY CO~ISSIONERS OF COLLIER COUNTY,
FLORIDA, PURSUART TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND
DEVELOPHENT CODE AFFECTING ORDINARCE 82-81 ALSO K~OWN AS II~PERIAL
LAKES PUD, EXTENDING THE CURRENT PUD APPROVAL TO NOVEHBER 19, 1998;
AND PROVIDING AH EFFECTIVE DATE.
10
11 WHEREAS, the Imperial Lakes PUD, Ordinance 82-81 adopted on
12 September 14, 1982, is subject to the provisions of Section 2.7.3.4.,
13 of the Land Development Code (LDC), Time Limits for Approved PUD
14 Zoning Districts together with their respective Haster Plans; and
15 WHEREAS, the PUD was adopted consistent with and under the
16 provisions of the =hen existing Collier County Conprehensive Plan; and
17 WHEREAS, the Board of County Commissioners has reviewed the PUD
18 and has deternined to extend the current PUD Zoning for two years,
19 until November 19, 1998; and
20 NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of
21 Collier County, Florida that:
22 1. The above recitals are adopted herein by reference as if
23 fully set forth herein.
24 2. This Resolution shall constitute evidence of compliance with
25 the review requirements of Section 2.7.3.4 of the LDC.
26 3. Pursuant Ko said section of the LDC, the current PUD approval
27
28
29
30
31
32
33
is hereby extended to November 19, 1998, at the end of which time
the owner shall submit to the procedures in LDC Section 2.7.3.4.
This Resolution shall become effective immediately upon its
approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board and in the records of the Petition for which the
extension is granted.
FEB 11 1997
8
10
Com~issioner offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
, and upon roll call. the vote was:
AYES:
NAYS:
ABSENT A.ND NOT VOTING=
ABSTENTION:
Done this
- 16 ATTEST:
17 DWIGHT E. BROCK, CLERK
21
22
-- 24
--' 26
27
'- 28
29 IMPERI~ ~ES PUD/18633
_ 30
32
34
day of
, 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JOHN C. NORRIS, CHAIRF~2~
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
~L~RJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
PAGE 2
EXECUTIVE SUMMARY
UPDATE THE DISASTER RECOVERY ADVERTISING
PROGRAM,INCLUDING THE PROCEDURES FOR ACTIVATING
COMMUNICATION LINES, ANNUAL DESIGN WORK REQUIRED AND
PROCEDURES FOR AUTHORIZING LEVEL OF ADVERTISING AND
PAYMENT FOR ADVERTISING
OBJECTIVE: To update the disaster recovery advertising program, including the
procedures for activating communication lines, annual design work required and
procedures for authorizing level of advertising and payment for advertising
CONSIDERATIONS: On May 9, 1995 the Board of County Commissioners approved
the establishment of an economic disaster fund and plan, the purpose of which is to
provide a telephone communication system, provide for design work for advertising, and
fund a reserve for print and television advertising in the event of an economic disaster.
Staff has worked with members of the Economic Development Committee and is
recommending some changes to the original proposal.
Eight phone lines are to be available at the Super 8 Motel at Tollgate Plaza in Golden
Gate and will be manned by volunteers &the Naples Accommodations Association in the
event of an economic disaster. The Plan enables the hotel industry to keep visitors
apprised on conditions in Collier County following a disaster. Staffhas reviewed various
methods &assuring telephone lines are available when needed and concluded that the
most efficient way to proceed is for the County to purchase the telephones ($4,500) and
to activate one main line (one time charge of $83). The on-going monthly charges for the
line is approximately $60. Ifa disaster occurs the Emergency Management Director
determines the advertising campaign is needed to accurately advise tourists of the
conditions in Collier County. Ali eight lines would be activated for an additional charge
of $270. It should be noted that all service related charges are subject to period
adjustment plus monthly service charges of $60 per line.
The original proposal included advertising design work but it is apparent that annual
preparation work is needed to update the plan and renegotiate media programs with
television stations and newspapers. The preparation work done for 1996 totaled $3,600.
This invoice has not been paid but is included in the 1997 contract. Also included in the
contract is the provision for the annual preparation work for 1997 to be billed on an
hourly basis not to exceed $7,000.
Funds for advertising (maximum of $963,493) must be available to the GRANTEE
almost immediately once a disaster is declared In order to assure the availability of funds
it is recommended that the Emergency Management Director determine the extent of the
damage and the County manager or his designee would be authorized to relel ~e touA-~D^ IT£M
No.~
FEB 1 ! 1997
Pg.~ I
development tax funds set aside for this purpose immediately. This procedure was
established in May of 1995 and is reflected in the contract.
FISCAL IMPACT: Sufficient funds are available in Funds 19:3 ($800,200) and 196
($241,000) reserves. A budget amendment is needed to allocate funds in the appropriate
categories.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: The Board authorize staffto purchase and install telephone
lines as needed, approve payment for 1996 preparation work and approve budget
amendment.
L,// Jean Gar~sel, Budget Analyst /
Reviewed by: ~;~, ' /~'~_/,(.---~ Date: 2-I ~-[~ ~
Reviewed by.~--*-~''~*~ ¥-~_~2~ Date:~7
~ Pineau, Emergency Management Director
Reviewed by: Date:
Steve Camell, Purchasing Director
Reviewed by: Date:
Michael Smykowski, OMB Director
AGEI~DA/TEM
No.
FEB 1 1 IS91
EXECUTIVE SUMMARY
APPROVE CONTRACT WITH MARCO ISLAND YMCA FOR $120,000
TOURIST DEVELOPMENT CATEGORY C FUNDS FOR THE MARCO
ISLAND SPORTS FESTIVAL
OBJECTIVE: To approve contract with Marco Island YMCA for $120,000 Tourist
Development Category C funds for the Marco Island Sports Festival
CONSIDERATIONS: At the December 17, 1996 meeting the Board of County
Commissioners approved funding the Marco Island YMCA for $120,000 Tourist
Development Category C funds for the Marco Island Sports Festival. The attached
contract is for the event. The contract is a payment contract, that is unpaid invoices will
be submitted for payment to the grantee.
GROWTH MANAGEMENT IMPACT: None
FISCAL IMPACT: Funds are available for this event.
RECOMMENDATION: Approve the contract with the Marco Island YMCA for
$120,000 Tourist Development Category C funds for the Marco Island Sports Festival
and authorize chairman to sign the contract.
Prepared by: %.~,,~ /
~,~--<.~.-~_.~ Date:
j Jean Gahsel, Budget Analyst
Heidi Ashton, Assistant County Attorney
Michael Smykowski, OMB Director
AGENDA ITEM
.,
FEB ! ! 1997
Pg._ ]
TOURISM GEANT PROGRAM
ACTIVITIES W~ICR PROMOTE TOURISM AGRE~2~
THIS AGREEMENT is made and entered into this __ day of
, 1997, by and between The Marco Island
Y.M.C.A., Inc., a Florida corporation, hereinafter referred to as
"GRANTEE" and Collier County, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY."
RECITALS
WHEREAS, the COUNTY has adopted a Tourist Development Plan
(hereinafter referred to as "Plan") funded by proceeds from the
Tourist Development Tax~ and
WHEREAS, the Plan provides that certain of the revenues
generated by the Tourist Development Tax are reserved for
activities and events intended to bring tourists to Collier
County for the period between May through November each year,
hereinafter referred to as "target period"; and
WHEREAS, GRANTEE applied to the Tourist Development Councll
and the COUNTY for funds to provide a program/activity which will
or has the potential to attract out-of-County visitors either as
participants or spectators generating hotel/motel/campground room
nights; and
WHEREAS, the COUNTY desires to fund such program/activity.
WITNESSETH:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. The above recitals are true and correct and are
incorporated herein.
2. SCOPE OF HORK: GRANTEE prepared a written de=ailed
proposal outlining an event to be provided along with a detailed
line item budget as part of the grant application process,
hereinafter referred to as "PROPOSAL.' The PROPOSAL is attached
hereto and incorporated herein as Exhibit "A', and the line item
budget is attached as Exhibit 'B". GRANTEE shall provide the
event outlined in the PROPOSAL within the budgeted amount
provided in the PROPOSAL. GRANTEE shall not be paid for any
expenses not provided for in the PROPOSAL nor be paid for amounts
in excess of those in the PROPOSAL unless an amen~ent to this
Agreement is entered into by the GRANTEE and the COUNTY.
3, PAYMENT: The maximum amount to be paid under this
Agreement shall be One Hundred Twenty Thousand
Dollars(S120,000.00}. The GRANTEE shall paid for expenditures
incurred for the event upon submittal of an invoice. Payment
shall occur in accordance with the Prompt Payment Act. However,
the COUNTY shall be under no obligation whatsoever
payments
the PROPOSAL or to make payments using any source~ --~r~r~,~
other than the Tourist Development Tax. Any payment made by the
,,
GRANTEE which is later shown to be an unauthorized expenditure
during the performance of the grant contract shall not be
eligible for payment. Any expenditures which have been paid to
the GRANTEE which are subsequently determined by the COUNTY to be
ineligible expenditures shall be repaid to the COUNTY within 30
days of written notice to GRANTEE of the ineligibility of the
expenditure or the COUNTY at its option can withhold future
payments to the GRANTEE or deduct the amount to be repaid by
GRANTEE from any remaining grant funds. The GRANTEE shall not be
paid for any expenses incurred or obligations entered into by
GRANTEE prior to the effective date of this Agreement.
4. INSURANCE: GRANTEE is required to submit a Certificate
of Insurance naming Collier County, and its Board of County
Commissioners and the Tourist Development Council as additionally
insured. The certificate must be valid for the period of the
promotion and the duration of the events, and be issued by a
company licensed in the State of Florida, and provide General
Liability Insurance for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAY. GE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory
5. INDEMNIFICATION: The GRANTEE, in consideration of TEN
DOLLARS, the receipt and sufficiency of which is accepted through
the signing of this document, shall hold harmless and defend
COUNTY and its agents and employees from any and all suits and
actions including attorney's fees and all costs of litigation and
Judgments of any name and description arising out of or
incidental to the performance of this Agreement or work performed
thereunder. This provision shall also pertain to any claims
brought against the COUNTY by any employee of the named GRANTEE,
any subgrantee, or anyone directly or indirectly employed or
authorized to perform work by any of them. The GRANTEE's
obligation under this provision shall not be limited in any way
by the agreed upon Agreement price as shown in this Agreement or
the GRANTEE's limit of, or lack of, sufficient insurance
protection.
6. ~pTICES: All notices from the COUNTY to the GRANTEE
shall be in writing and deemed duly served if mailed by
registered or certified mail to the GRANTEE at the following
address: ,
Dave Rice, Sports Festival Direttor
Marco Island YMCA
101Sandhill Street
Marco Island, FL 34145
I
All notices from the GRANTEE to the COUNTY shall be in writing
and deemed duly served if mailed by registered or certified =ail
to the COUNTY to:
County Manager
Second Floor, Building F
3301 East Tamiami Trail
Naples, Florida 34112
The GRANTEE and the COUNTY may change the above mailing
address at any time upon giving the other party written
notification. All notices under this Agreement must be in
writing.
7. NO PARTN£RSHIP: Nothing herein contained shall be
construed as creating a partnership between the COUNTY and the
GRANTEE or to constitute the GRANTEE as an agent of the COUNTY.
8. TERMINATION: The COUNTY or the GPANTEE may cancel this
contract with or without cause on at least 30 days advance
written notice of such termination and specifying the effective
date thereof. If the COUNTY terminates this Agreement without
cause, the County will pay the GRANTEE for all expenditures
incurred up to the effective date of the termination so long as
such expenses are part of the PROPOSAL. If it is determined that
there was not sufficient cause for the COUNTY to terminate this
Agreement, the GRANTEE's remedies shall be limited to the payment
of the contract amount earned by the GRANTEE on the date of
termination. If the GRANTEE terminates this Agreement, GRANTEE
shall pay to COUNTY all funds expended by COUNTY under this
Agreement if the Agreement is terminated by GRANTEE prior to the
event occurring.
9. GENERAL ACCOUNTING: GRANTEE is required to maintain
complete and accurate accounting and event records and keep grant
funds in a separate checking account. An accounting which can be
verified by the County is due to the County Manager within sixty
(60) days of the expiration of this Agreement.
All revenue related to the event should be recorded, and all
expenditures must be incurred within the contract period.
GRANTEE is required to submit annual financial statements on
the financial condition of the event, of the GRANTEE
organization, and a special report on the receipts and
expenditures of the grant related event within 60 days of the
completion of the event. Failure to submit acceptable financial
or special reports will result in the cessation of payments on
all grant contracts the GRANTEE may have with_.~__CgUNT~ a~ the ·
time, effective on the date the aubmission~ bec~m~62~g&~.
the duration of cont£act periods and any payments already made I
ahall be subject, at th, sol, di,cr,tion of th, couF ,.3Tll ?
return to the COUNTY if acceptable statements and/or
reports are not submitted as required, or if the payments are
later shown to not be property matched.
lO. TERM: This Agreement shall become effective upcn
execution by both parties and shall remain effective for
year.
ll. REQUIRED NOTATION: All promotional literature and
media advertising must prominently list the Collier County
Tourist Development Council as one of the sponsors. 12. INELIGIBLE EXPENDITORES:
The following expenditures are ineligible and sba[1 not be
paid by grant funds=
a. Annual operating expenditure not directly related
to the activity or project.
b. Salaries of full-time staff. Employment of
personnel not directly related to the activity or
project.
c. Real property.
d. Capital Improvements, including but not limited to
new construction, renovation, restoration and
installation or replacement of fixtures.
e. Tangible personal property, including but not
limited to office furnishings or equipment,
permanent collections or individual pieces of art.
f. Interest, or reduction of deficits or loans.
Expenses incurred or obligated prior to or after
project funding period.
g. Prize money, scholarships, awards, plaques, or
certificates.
h. Travel not associated directly with project.
i. Projects which are restricted to private or
exclusive participation except for invitational
events which require a prequalification of
participants through proven ability to generate
hotel room nights during the Naples' area shoulder
season.
J. Private entertainment, food or beverages except for
invitational events which require a
prequalification of participants through proven
ability to generate hotel room nights during the
Naples' area shoulder season.
k. Making payments for goods or services purchased for
previous or other events.
13. REIMBURSEMENT OF GRANT: In the event ~
the' event or project received by the GRANTEE e~,o~
costs incurred by the GRANTEE in staging the ~vent o~'pro]ec:,
then, the amounts eligible for grant payment ·
by the excess revenues up to the full amount of ~he ·
' 4
14. AH£NDMENTS: Any changes tn the event such as project
dates, key participants, and budget revisions must be submitted
first to the Tourist Development Council and then to the Board of
County Con~ntssioners for consideration, approval and contrac~
amencb~ent by the Board, if applicable.
15. The Tourism Grant Program Guidelines, the Grant
Application, and the Contract Administration Guidelines are
incorporated herein by this reference.
IN WITNESS WHEREO£, the GFU~NT£E and COUNTY have each
respectively, by an authorized person or agent, hereunder set
their hands and seala on the date and year first above written.
DATED:
DWIGHT E. BROCK, Clerk
BOARD or COUNTY COHHISSIONERS
COLLIER COUNTY, FLORIDA
By:
TIMOTHY L. HANCOCK, Chairman
WITNESSES: GP~ANTEE
The Ma:co Island Y.M.C.A., Inc.
(2)
By:
Approved as to form
and legal sufficiency
Heidi F. Ashton
Assistant County Attorney
(corporate seal)
-5-
AGENDA ITEM
1997 Marco Island
Sports Festival
,Proposal to the
Collier County TDC
FF.B 1 I
t997 Marco Island
Sports Festival
TDC GRANT
APPLICATION
1997
Collier County Tourist Development Council
Grant Application
Name and Address of the Applicant Organization:
1997 Marco Island Sports Festival
Marco Island YMCA
101 Sandhili Slr~)
Marco Island, FL 34145
o
Contact Person, Title, and Phone Number:
Dave Rice. Sports Festival Director - (941) 64~-0007
Cindy Love. YMCA Business Operations Manager- {941) 394-3144
Richard Broderick, Festival Chairman Emeritul; - {941) 394-3479
Organization's Chief Official and Title:
Don Clark, YMCA Executive Director/CEO - (941) 394-3144
Is this an application for Category B (Promotion and Advertising of Tourism in Collier
County) or Category C (Local Projects and/or Activities which Promote Tourism in
Collier County)?
Check one: Category B Category C X
How much funding is your organization requesting?
$120,000
Briefly describe program including:
- Your organization's capability to promote Collier County as a tourist destination.
-> See ,4ttached Marketing Plan
Geographic focus of promotion, i.e. Collier County, Marco Island, Eve
-> See Attached Marketi~ Plan
FEB 11 199~m
7
Application must be accompanied by the follov,'ing:
_x__ a) Verification of not-for-profit status
_.x__ b) Last fiscal year financial statement
_x_ c) Incorporation papers
_x_ d) Detailed line item budget for program for both revenues and expenses
__Ix_ e) Detailed description ofproposed plan
__~x_ f) A marketing plan may be substituted for items (d) and (e) above
8. Category C projects and activities which promote tourism should have an emphasis on the
"shoulder and off season" of May through November. What are the scheduled dates for
your project/activity? 1997 Marco Island Sports Festival -- )'une 6, 7, & 8
9. Discuss how your organization will measure the number ofvisitors attracted and the
number of room nights generated by your event.
Measuring the number Ofvisitors will be done through tracking ofthe participants by
Zip Codes on the Registration Forms. We will try_ to work with the hotels to develop a
tracking method that will give us and them a fairly representative room count, We will ..
also include related questions (i,e,. Where will you be staying?: How many will be/are in
your party?) on the registration form.
Category C Selection Criteria:
10(a/b).Identify the potential for attracting "shoulder and off season", out-of-county visitors as
spectators or participants expressed as "shoulder and offseason" visitors attracted per
Tourist Development dollar expended. It appears from the re_~stration forms from the
1996 Festival that 1000 ofthe 1700 participants were fi.om out ofthe Gounty, Our
projection for 1997 is that 1400 of the anticipated 2100 will be from outside the County.
These numbers DO NOT include ~axtieipant's friends and other spectators. Participants
in events ofthis nature normally have an average of 1.$ people who accompany them.
Using the fi~res above, 2500 out-of-coun~ _t:~ople participated and/or ~ttendeg 1;he
1996 Festival; the 1997 Festival will attract 3500 out-of-county visitors. AC, V~,~n,~ rrvu.
FEB I I 1997
/0 -
10(c).
Identity the estimated number of hotel/motel or campground sites generated from the
allocations of Tourist Development funds expressed as overnight stays per Tourist
Development dollar expended, lan ofthe r 'cc d number f r the 1996 Fe rival
~The Fi,ant/al ~Section__qf the Marketin, g l'lan deals with this
fluestion in greater detail. In addifi n man tourist wh were alread h re for a vacation
com etedinth Fetiv V Il al la r ru r in-lin r n th r artici atedin
~ iv Th "13 x 'ne' rew l er f
andresid nt . TheYM A nd ther r i i n hv r d eneall me f
thee oufi akin whnth F tival '11 h I in 1997 o hat he c m k 'ta a
ftheirvacati n lan f r thi mm r
Identify the matching dollars provided by your organization expressed as matching dollars
per Tourist Development dollars expended. The 1997 Marco Ildand Sport~; Festival will
produce a match ratio Of $90/$I 20, aS reflected in the attached Budget,
lO(e).
Identify the fiature growth potential of the project being submitted without the Tourist
Development fi.rods as TDC funding is to be regarded as seed money, not continuous
funding. TD¢ Funding is Cfil[ical at this point in the life ofthis event. The goal ofthe
the 1997 Festival is to enhance the event as it was run in 1996. perfect it. and look tO the
future, Major sponsors have already expressed an interest and others will be sought to
secure the long-term stabili _ty of the Festival. Development and commitment of Major
Sponsors l[ake time to cultivate.
The future of this event is unlimited. Continued success ofthis event could lea4
Collier County_ Sports Festival. a gala event that encompasses the ¢ntir¢
10(0.
Discuss the soundness ofyour-out-of-county marketing plan, specifically in terms of how
the event will be promoted to draw out-of-county visitors.
Success will be measured in the fact that we ~nti<:ipat¢ a 40% increase in participation
while spending 20% less money_, Previously successful advertisin~ and orom~ tionalAGr~A IT£M~
- - . 3)
venues will be augmented. Participant~ in events of this nature tend to be nol oray a g,c,at --
lo(g)
market, but also become "walking advertisements' tbr the event. A successful track record
from the inaugural Festival will work tO our advanlage in 1997
Discuss your or.ganization's management and stability, specifically, in terms of its ability
to manage the project in accordance with regulations and to achieve the intended results.
in every part of'the world, YMCA iS well-kn0wn f.or conducting large-scale athletic
programs and special ~'¢nts~ the Marco Island YMCA is a part of'this tradition of'
providing program excellence, The 1997 Sports Festival Leadership has decades of'
proven management and "nuts and bolts" experience. See the atlached Staff/Volunteer
Leadership Profiles.
~O(h).
Discuss your organization's readiness to implement the project. The Marco Island YMCA
Board Of Dire~0rs voted unanimously tO take on this project. Board Members and many
other Community Leaders have expressed their Support verbally and some in writing (See
Letters of SupporO. When the impending departure of one of the 1996 Chairs became
well-publicized and the future of the Festival was in question, m~y citizens from around
the county and participants from la, st yeaf~ f~tival called the YMCA to expres, their belief
that the Y needed to take on the leadership r01e for the Festival to continue. Mr. Rice's
acceptance of the Chairmanship was a determining fa~or in the Y Board's deci~;i00, Mr,
Rice is well-known in the Community_ for his dedication and commitment tO excellence,
He brings with him a great deal ofsupp0rt fi'gm a flumber 0fl0cal community grOUpS. .
10(i).
Discuss why funds are unavailable from other sources. Tourist Development Funds should
not be viewed as supplanting or replacing existing funding sources. Conducing an ~vent
ofthi~ magnitude r~luir~ the backing of an Organization that can gain community-wide
support, mobilize large numbers of volunteers and operate high-quality sporting ~vents,
There is no better organization than the YMCA. which has over 150 years oftradition
and experience in conducting cventdpro_m'ams of all t~es and sizes. Despite the use of its
committed volunteers nd dedicated staffthe Y is unable to undertake this wonderful event
without financial ~upp0rt from the TDC in this phase. The YMCA does not have the__.
/ ~ r~Q^ ~T~.I~ ~,
b~dget~ resources, nor is it pan of'its normal program to ~dvenise and pr~mot.~.i.~',~ ~--G,R,)
iFEB 11 1997
vg. /,,~ _
to th rca. n the r ture la' ponsor,ships ~,,ill be the cornerstone that will ensure
Ion~rrn viabilit~tival
100).
Discuss the capacity of the project to enrich the artistic, cultural, and environmental
attractiveness of' the community to the visiting public and compatibility with the
community in general. Participants and spectators will enjoy a taste of'what Collier County
has tO offer--beautiful and bountiful beaches, fine regaurants and entertai~'nent centers.
world-class h0t(~l accommodations, the h;;)cal shopping venues, gorgeous neighborhoods-a
recreational paradise. The 1997 Sports Festival will al~;o provide something unique-~m
m.~_.~p.~h ~is or) Marco l~lan(;l and Collier County a~; a premier venue for cvent~ not normally
associated with the area. In-line skating, marathon running, and triath!on competition and
other events 0fthe Sports Festival cnh~ce the breadth of'the vi~itor experience. Also.
our visitors will receive a wealth of information abopt Collier County, its many amenities
and the Opportunities here ~;0 visit On a regular basis, not just "in season", They will
experience first-hand the quality services available through our hotdiers and merchants and
be made aware of all of the man_v "off' season" attractions available in Collier Count,
I have read the Tourism Grant Program guidelines and criteria and Resolution No. 93-
and agree that my organization will fully comply with the guidelines and criteria and
Resolution No. 93-
Sigmmre of Organization's Chief Offidal
Date:
m · · · · [] · m
1997 Marco Island
S ports Festival
TDC GRANT- REQUIRED
BUSINESS INFORMATION
FEB 1! 1997
epartm ,nt J tate ,..
certify from the records of this office that THE MARCO ISLAND
Y.M.C'A., INC. i$ .~: corporation, organi2ed. ~.. under...~ ....... th~:.,..laCt~ ':!'i:ff~' tho....
... .. , ..... , ...... .. ...... ...- . ',,.,.
. .Sta~te'of FIo.rid. a,.~.fjled.o.n, Jap.uaw 17, .,1.9..8.5.
. ;. ;
The document' number of thiS"corporation is N07168. · ,-,~..~, .,,,,,,~. ~ ....
........ , = ,::~:'.~7 ~24'~~': ~ ~
..~
Marco Island YMCA Inc.
?.0. Box 1103, 101 Sandhill Street
Marco Island, FI. 33937
Department of the Treasury
Employer Identtficetion Numbec
59-2498619
Accounting Pe~od Ending:
December 31
Fo~m 990 Re~uired: ~] Yes O No
Person to Co~ct:
Ann Baker/nde
(fi04) 331-4516
FFI~: 580070782
Dear Applicant:
Based on information supplied, and assuming your operations will be as stated
in your application for recognition of exemption, we have determined you are exempt
from Federal income tax under section §01(c)($) of the Internal Revenue Code.
We have further determined that you are not a private foundation within the
meaning of section' 509(a) of the Code, becatrse you are an organization described in
section 509(a)(2).
If your sources of support, or your purposes, character, or method of operation
change, please let us know so we can consider the effect of the change on your
exempt status and foundation status. Also, you .should inform us of all changes in
your name or address.
As of Sanuar~ 1. 1984. you are liable for taxes u~der the Federal Insurance
Contributions Act(social security taxes) on remuneration of $100 or more you pay to
each of your employees during a calendar year. You are not liable for the tax
imposed under the Federal Unemplo~aent Tax Act (~.~A). '--
Since you are not a private foundation, you are not subject to the excise taxes
under Chapter 42 of the Code. However, you are not automatically exempt from other
Federal excise taxes. If you have any questions about excise, employment, or other
Federal taxes, please let us know.
Donors may deduct contributions to you as provided in section 170 of the Code.
Bequests. legacies, devises, transfers, or gifts to you or for your use are
deductible for Federal estate and gift tax purposes if they meet the applicable
provisions of sections 2055. 2106. and 2522 of the Code.
The box checked in the heading of this letter shows whether you must file Form
990. Return of Organization Exempt from Income Tax. Xf Yes is checked, you are
required to file Form 990 only if your gross receipts each year are normally more
than $25.000. If a re'turn is required, it must be filed by the lSth day of the fifth
is rensonable cause for the delay.
,-.. FEB I1 1997
p. o. so. ,oss. A,,.=. G^ 303?0 =O--S:
You are not required to £ile Federal income tax returns unless you are subject
to'the tax on unrelated business income under section 511 o£ the Code. If you are
subject to this tax. you must file an income tax return on FoYm 990-T. Exempt
Organization Business Income T~x Return. In this letter, we are not determining
whether any of your present or proposed activities are unrelated trade or business
as defined in section 515 of the Code.
You need an employer iden~lfica%ion number even if you have no employees. If an
employer identification number was not entered on your application, a number will be
assigned to you and you will be advised of it. Please use that number on all returns
you file and in all correspondence with the Internal Revenue Service.
Because this letter could help resolve any questions about your exempt status
and foundation status, you should keep it in your permanent ~ecords.
If you have any questions, please contact the person whose name and telephone
number are shown in the heading of this letter.
Sincerely yours, /
District Director
ENCLOSURES:
Form 990
Schedule A
Instructions
MARCO ISLAND YMCA
Profit and Loss
January through December lg9S
.lan. Dec 1~
OTdlnar~ Incom~.~xpen~
4103 · Campaign Tr.nsfer
410Q* Cofltrtbutlofls lnccx~e
4110. Membecship Dues
4160. Day Pass
4170. Program Fees
41~ * Reimbumed Expe~se~
4200 · Jolnem Fee
4~a. Spec~l Evenb
44~0.
440Q · Mlsc~neou$
MOO. Un#ed Way
ToLd Inc~ne
i134
11~4 · Contzlct krYIc~
1114. C, Mltr~ Labor
i240. £qu~x~X
144g · PToI'W Feel
M3~. MIM:elI~xK)U~
i~1o. F~g~ and Danv~/
&TM · S4Mi Tu
67M · Spe:~ Evmb ~
#T0 · Confemlce ! Training
ilTI · ExpenM Rem klYtntmkd
To(~d Eqw~
OthM ~M
110e · Beck Fund
7181 ·
T1O2. OrNM
71o3. Spon~ml~k
TIM. Starmtx~y
11~. CampiOn Mcame.o
To~ O~het ktcame
12~ - CalT~)Mgn Trlnlfet.~M
i223. Equipment RenlJl~eck
26,018.00
9,375.50
116,8~33
8,051 .O0
2~8.214.40
171.19
lO.073.o0
41.676.88
872.94
531211.g6
0.O0
1.455.72
738.31
I,e0Zg6
14.9M.14
54.484.64
51.50
11,15824
1.528.46
9,31328
38,18g.85
3~rl'Z00
5.427.14
1,07925
83g.74
332,17'J.M
26.83924
1 ~01.07
26,075.14
1,430.00
g,4gg~6
11,757.0e
1g~17.61
1
(4~.M7.,~
lo0.O0
3,304.~0
26,016.00
26.018.O0
15.736.91
474.87
FEB 1 I 1997
10/27~q~4
MARCO ISLAND YMCA .
Profit and Loss
January through December 1995
1744 · Orounda.414ct
Tc~ Oth~
Net OU~r Income
Jan - Dec 16
20.504.g?
63.034.75
MARCO ISLAND YMCA
Balance Sheet
As of December 31,199S
ASSETS
Currant Assets
Checking/Savings
1D01 · First Unlo~
1002. $outhTmst Bank
1044. Petty Cash
Total Chm:Jdng/Savlngs
Off,er Current
15~0 · Prepaid Insu~nce
Total Ot~.r Cun~nt
Total Current Az, sets
Fixed
1071 · Auto/Vans
1073. Program Equlixnent
1073 · Furniture and F'lxtur~
1070 ·
1044 * Electrical
10~1. S~te Irnprovm~s (grounds)
10~8. Tennl~ Courta
1066 · Pool
1062. Bulldlng
Total Ftxed
TOTAL. ASSE TS
UABIUTIE$ & EQUITY
Current Llabllltla~
Accounts Payable
204)0 · Accounts Payable
Total Account~ Payable
Other Curmflt Uabifltl~
2114. Payroll Uabllitu
2100 · PayToO Liabilities
Total Other CtaTent I.~
Total Current L.~ltla~
Long To~m LlaMltl~
Total Long Tef~l Llabllltt~
Total Liabilities
3~)0 · Fund Balance
ToUl
TOTAL LJABILITIE$ & EQUITY
Dec 31, "SS
5,280.47
25.00
8.665.56
eO0.O0
1.600.00
36Z50
2,7~.S0
11,42~.0~
0.00
37,72~.15
5.04~ 10
~.,~70.eO
171.780.18
244.2~.56
1,4~
1,427,190.$1
1.3:37.38
3,875.38
91,3~4.6(~
111.66326
1,315o537.35
1997
1997 Marco Island
Sports Festival
MARKETING PLAN
/~GENDA ITEM
[] [] · · [] [] · · ·
NEWSPAPERS
· Press Releases (4) to Twelve key
Florida Newspapers
· Display Advertising
· Circulation Potential
· Cost - $12,500
- 2,000,000+
MAGAZINES- RELATED
PERIODICALS
· Display Advertising/Releases to
encourage Coverage
· Two Categories -
· General Sports Periodicals
· Specialty Periodicals specifically
related to the Festival Sports
· Circulation - 2,500,000+
Cost- $80,000
/',GE~)A IT. EM,
~o.~)
FEB 1 ! 1997
RADIO
· Appearances on Public Interest
Programs
· Public Service Announcements
· Local Support (WODX-1480)
· Circulation - 500,000+
· Cost- $0
TELEVISION
· Cable Networks throughout Florida -
selected by audience sports interest
· Major Network Advertising in/out of
state- ESPN, Fox
· Viewing Potential- 5,000,000
· Cost- $30,000
COLLATERAL MARKETING
· Brochure Distribution- 25,000
· Inquiries Anticipated - 8,000
· Internet Advertising
· Governor's Council on Fitness
· Festival Paraphernalia
· Circulation Potential- 150,000
· Cost- $40,000
....... AGFa. DA LTF~ '
FEB 11 1997
Collier County Financial Gain
Overall
2100 People participate plus 3100 friends & family fly/drive to Collier County
In/Out-of-County Breakdown
1400 Out-of-County Participants;2100 Out-of-County Attendees
700 In-County Participants; 1000 Out. of-County Attendees
Overnight Stays ',
1120 Participants (70%) and 1500 Guests Require Overnight Stays:
Participants -
One night - 320 Participants x $100 =
Two night - 800 Participants x $200 =
Guests -
One night - 500 Guests x $100 =
Two night - 1000 Guests x $200 =
$32,000
$160,000
$192,000
$50,000
$200,000
$25O,000
Other Participant Spending:
280 Out. of-County Participants x $60
600 Out-of-County Guests x $60
$16,800
$36,000
$52,8OO
Total Spending June 6, 7 & 8:
$192,000
$250,000
,,, $52,800
~0_
[ '--~.GFJ',JDA
FEB ;! 199ll
1997 Marco Island
Sports Festival
CONSOLIDATED
BUDGET
1997
MARCO ISLAND SPORTS FESTIVAL- 1997
CONSOLIDATED OPERATING FORECAST
25-Ocl-96
PROJECTED
REVENUE
FUNDRAISING
MAJOR SPONSORS
EVENT SPONSORS
GOVT REVENUE
IN-KIND SERVICES
IN-KIND GOODS
PARTICIPANTS
CONCESSIONS
OTHER INCOME
TOTALREVENUE
EVENTS MAJOR
SPONSORS DONATIONS
SO :$0 :$2,500
$0 :$10,000 :$0
$15,000 :$0 $(3
:$0 $0 $0
$5,000 :$10,000 $0
$5,000 :$0 $0
$40,000 :$0 $0
$0 :$0 $2,500
:$0 $0 $0
$65,000 :$20,000 $5,000
EXPENSE
SALARIES :$10,000 :$5,000 :$0
BENEFITS $1,400 :$700
PAYROLL TAXES :$1,100 :$500 :$0
PURCH SERVICE $8,000 $1,000 $0
SUPPLIES $6,000 :$500 $0
TELEPHONE $0 $0 $0
POSTAGE/SHIPPING $500 :$0
OCCUPANCY/PERMITS :$300 :$0 $0
EQUIPMENT/SUPPLIES :$1,000 :$0 :$0
PRINT/PROMO/ADV'r. $4,000 $10.000 $0
STAFF/VOLUNTEER EXP. :$1,500 $1,500 $0
MEETING FOOD COST :$8,000 $0 $0
CELEBRITY FEES $3,000 :$0 $0
EQUIPMENT RENTALS $6,000 $0 $0
OTHER EXPENSE :$2,500 :$2,500 :$5,000
AWARDS :$7,500 :$2,500 $6
TOTAL EXPENSES
$60,800 $24,200 $5,000
OTHER
$0
$0
$0
$120,000
:$0
$0
$0
$120,000
$10.000
:$0
$1.100
$6,500
$2,500
$2,400
:$0
$1,000
$89.000
:$1,000
$1,500
$5,000
$120,000
TOTAL
$2,500
$10.000
$15.OO0
$120,OO0
$15,000
$5.OO0
$40.OO0
$2,500
$210,000
$25,000
$2,100
$2,70~
$15,50~
$6.500
$2,5O0
$2,9OO
$300
$2,OO0
$103,000
$4.0OO
$9.500
$8.000
$6,000
$10.000
:$10,000
$210,000
FESTIVAL NET
$4,200
($4,200)
$0 $0 $0
AGF.~DA I~.EM
FEB 11 [997
1997 Marco Island
Sports Festival
LEADERSHIP
PROFIL
m m im m · II
FEB ! 1 199
David F. Rice, Chairman
1997 Marco Island Sports Festival
As a collegian, David participated in football, basketball, and track. An
academic Cum Laude graduate, he was elected to "Who's Who In American Colleges
and Universities". Upon graduation, he signed as a free agent with the New York
Titans of the American Football League.
Beginning his career at Greenwich Connecticut High School, he served at
vadous times as coach of football, basketball, track and gymnastics. A college
coaching career began with a short stay at Columbia University followed by his
appointment as Head Football Coach at Western Connecticut State University,
becoming the youngest head coach in America. Recruited four years later by Fordharn
Univemity as Head Football Coach, he was named the University's 35th Coach. During
his tenure, he was honored as Coach of the Year and received the Iron Major Trophy.
Upon his retirement as coach, his Won/Loss record ranked third behind the legendary
Jim Crowley, one of the Four Horsemen of Notre Dame and Frank Cavanaugh, the Iron
Major.
Mr. Rice was named Director of Intercollegiate Athletics immediately following
his retirement from coaching, becoming the youngest Athletic Director in NCAA Division
I. He served as President of the Metropolitan Association of Athletic Directors,
co-founded the Metro Atlantic Athletic Conference, served as Director of the National
Invitational Basketball Tournament (NIT), was a member of the Madison Square
Garden Holiday Festival Committee, and on the Advisory Board of the Meadowlands
Arena (NY Giants' Stadium).
He became a full-time Collier County resident on Marco Island in 1987 and is the
owner of Total Home Services, a property management company, and the Eagle Group
- a Real Estate Company. Dave recently ended his term as president of the Marco
Island Kiwanis, is currently Chairman of the Christmas Island Style Committee, is
serving on the Marco Island Area Chamber of Commerce Board, and is on the
Community Bank Advisory Board.
AGENDA LTE~..
FEB i I 1997
::.&. ,3/
Richard Broderick
Sports Festival Chairman Emeritus
Mr. Broderick was one of the Co-Chairs of the Inaugural Festival and continues
to be a driving force for the on-going operation of the Festival. Dick will be actively
seeking the much needed Major Sponsorships using his wealth of contacts from his
long and successful business career.
Broderick recently retired from a stellar career in the American Music industry at
both RCA and MCA records. He has authored four books, is the past-president of the
Music Industry Educators Association and a past Chair of the Country Music
Association. He recently served as director of the Music, Business and Technology
program at New York University and has lectured at various colleges and business
conventions. ,
Dick served as President/CEO of his own company and has served as a
marketing consultant to Longines and JVC. At RCA he served as international
advertising manager and international marketing director. At MCA he was VP of Decca
and Coral Records. Mr. Broderick was also on the founding board of the Country Music
Hall of Fame.
Dick aulhored Jesus Chdst Superstar Rock Opera (Hawthorne); New York Times
100 Great songs, (Quadrangle); New York Times Great Latin Songs, (Quadrangle);
and the Better Homes and Gardens Family Song Book, (Meredith). In the 1950's,
Broderick was editor and publisher of Roller Derby News, and 8-page tabloid with a
peak circulation of 110,000.
Although retired, Dick continues to write a sports column for the Marco Island
Eagle, a publication of the New York Times. He also does broadcasts for WODX-1480.
Dick and his wife Mary have six children and twelve grandchildren. Dick and Mary are
full-time residents of Marco Island.
AGENDA..ITFM~
FEB 11 1997
Lucinda "Cindy" Love, Business Operations Manager
Marco Island YMCA
While working in the Business Office at Indiana University for five years, Ms.
Love also managed and coordinated sports programs at a nearby campground. She
moved to Naples to operate a successful automotive parts store. There, she managed
the finances of the establishment as well as hiring and recruiting staff. She sold out her
portion of the business and joined the Marco Island YMCA Staff Leadership as Office
Manager/Administrative Assistant nearly three years ago.
Cindy had an immediate impact on the level of operations at the YMCA. Starting
with an archaic "by hand" accounting and record-keeping system, she investigated
computer software options and took the Y into the 20th century. Most of the YMCA's
"back office" functions are now using some of the finest "off the shelf" software. This
brought the Y's financial reporting to a new level, one that Board Members could trust
and believe. During a recent period in her work with the Y, she filled the role of "Interim
Director'', ski!lfully handling the day-to-day operations and managing staff, which
enabled the Board of Directors to focus their efforts on a search for a new CEO.
She continues to recruit, hire and supervise the customer service staff for the Y.
Cindy is also a Leader in the YMCA's efforts to fund raise. She provides timely and
accurate reports, skillfully matches solicitors and donors, and relentlessly follows up
with the Volunteers to ensure the maximum return for the Y. Ms. Love is also one of
the Island's finest Special Event Coordinators, calmly pulling together loose ends in
many of the Y's eight annual functions, including the "Taste of Marco".
Recently, Ms. Love began her quest for YMCA Professional Director
certification. She recently attended an intense week-long training seminar in Tampa -
"Principles and Practices". Her achievement of this goal will bring her into the upper
echelon of YMCA Professionals in Florida and the South Field.
AG FN,~..J.T i~ '
No.._,&'C.
FEB 1 1 1997
Don Clark, Executive Director/CEO
Marco Island YMCA
For over 17 years, Mr. Clark has been serving local communities in his career
with the YMCA. In his first professional position, he built his local Youth Sports leagues
into a model for all other YMCAs in the area. The program grew so rapidly that many
additional venues had to be found to be able to serve all the kids who wanted to play.
Shortly after accepting a promotion to Branch Executive at another Unit of the
Cleveland (Ohio) YMCA, Mr. Clark took the run-down, empty full-facility YMCA and
turned it into a perennial surplus producing YMCA. Sports Leagues were a part of this
success, but more importantly, Clark renewed the interest of the local community in the
need for the Y and its services.
While serving in that position, Mr. Clark worked closely with the newly-named
Director of the Greater Cleveland Corporate Challenge, sponsored by the YMCA. He
conducted the largest and most captivating event-the TUG OF WAR-that first year as
well assisting other event directors in the Basketball Shooting Relay and the 6x50
Shuttle Relay. The Corporate Challenge consists of 18 events and is enjoyed by over
4500 participants each year. In the infancy of the event, Clark helped obtain one of the
Major Sponsors that works with this program still.
After two successful years in the position of Corporate Executive in the
Cleveland Association, he began to look for an opportunity to head south. In March of
this year, Mr. Clark accepted the position of Executive Director/CEO of the Marco
Island YMCA. In the short time he has served in this position, the Marco Island YMCA
has begun a dramatic turn to a stronger fiscal position. Mr. Clark knows that this
change would not have been possible without the support of the many strong
volunteers on the YMCA Board.
Don thoroughly enjoys the quality of life that Collier County has to offer, and has
recently purchased a home on Marco Island where he will live with his wife Sue and
their soon-to-be-bom baby.
· · · · · · · ·
1997 Marco Island
Sports Festival
SUPPORT LETTERS 8
OTHER INFOR N
Ill m m · · ·
NC ~'(~J
FEB 1 1 1997
October 3 I. IC~96
Don Clark
Marco Island YMCA
PO Box 2529
Marco Island, FL 33969
Dear Don;
I understand the Marco Island YMCA may host the Marco Island Sports Festival
Congratulations I think you would do a great job v, ith this for ~everal reasons:
1. your expertise and experience. As a seasoned YMCA professional, you have proven
you can bring communhy groups, volunte~, and staff.together to host special events. I
have noted your successes in Cleveland, and nov.' in Marco.
2. your staff. You lave a great staffteam who do the behind the scenes work for several
special events every year. Their attemion to detail is outstanding.
3. your volunteers. You have a dedicated and talented board ofdirectors. I am sure they
could provide leadership, contacts, and cornmunity work to make any event a success.
4. your local YMCA. Your organization co:~tinues to be an important pan of the Marco
Island communi~'.
5. your national organization. The YMCA has been a leader in sports for more than 150
years. In fact, we ue currently a member of the United States Olympic Committee. I can
pledge my support, as well as the support ofthe nationat YMCA, to help you in this
endeavor.
Please feel free to have people contact me as a reference for the YMCA hosting the Marco
Island Sports Festival '97. My telephone number is (800) 303-9622.
Sincerely.
Tom Massey
Senior Consultant
YMCA of'the USA
I o._ r
FEB I1 1997
Pg.~
[AGL[
Editorial
YMCA
continues
leadership
role
The Marco Island YMCA is to be com-
mended for agreeing to fill the gap left by the
sudden departure of one of the co-founders
of the Marco Island Sports Festival. By tak-
ing on the responsibility for the second
annual Sports Fest, the YMCA Board of
Directors is not only continuing its Lmpor.
tant leadership position on Marco Island,
but it is helping all of us get through the
summer doldrums. ..
.. To be sure, Marco Island is growing and
the summer off-season is becoming more
lively with each passing year, but the Sports
Festival offers many opportunities for all
That the island is capable of sustaining such
an event during the summer is an indica-
tion of the increa~ngly fertile ground sdfich
Marco Island is becoming.
But the Sports Festival can't happen in a
vacuum, and the YMCA directors can't do
it alone. They and the hundreds ofvoltm-
teers will need the help and enthusiastic
support of all of us to make next year's fes-
t/val a success. It is also important that the
questions which continue to surround the
first Sports Fest's accounting activities not
be used to withhold support from the
YMCA or next year's evenL
FEB f I 1997
ABusY
Over i,£00
competitors took
part in Saturday's
events.
~'aeY 'A~tet
M.~RCO ISI..A~%'D -- In what
organizers already are ~lanni~
to m~e ~ ~nual evenL ~e in.
au~ral M~co ~land S~
Festival ~cked off ~e proem
po~on of~e Fe~l Satu~ay.
Kleven of ~e 14 even~
compeution, and w~le ~e Fes-
tival ex~enc~ some fl~-
~u ~i~hes, a l~e n~ber of
late ~ ~ually ~u~s
Fe~! o~ize~ of ~aehin~
their ~oal of 1~ to ~,~ pa~ic-
A~ut 1~ people competed
~id Fe~val e~hair
Colem~. who estimnt-
m~er ~ will patti-
pate in ~e tflat~on. ~cling and
~e~ive ~-line s~ng even~
scheduled for
"I'm coat, need we're goi~ to
have ~e I~ ~at we were
sh~ti~ for, ~d I ~i~ ~nt
when were done it's goi~ to be
el~er ~ 1~ people," Coleman
s~d.
Gli~bes ~eluded ~e delay
· ~e ~e~ive in-line
[[ com~on ~til ~ny. The
~ent o~n~ly ~ scheduled
for ~tu~ay, but ~in on ~iday
p~hed back con.etlon o~ the
s~ ~ps. dela~ng
event by a ~y. S~te~, bow-
ever. we~ allowed ~ p~ctice
for ~e on ~mps ~at we~ fin-
i~.
~ for ~n~ ~t we~
Cape Co~l Hi~ Sch~l's Matt
WilI[~. who ~duated
J~e. won ~e M~o Mile.
~e ~le o~nally was to be
an In~onnl ~at fan. red
top two male nnd female ~n-
nets from each Collier Count'
Hi~ Seh~l. ~e Fe~ival, how-
ever, w~ late in geeing word
out to Collier bi~ schools, said
event chai~an Joe ~lmas.
"We're already ma~ng pinna
~or ne~ year to make ~e reee
F2R D^Y OF COMPETITION
Winner Katlna Salnfatlno~
crosses the Ilnish line Just
ahead of Monica Cousins
during the Marco I~land Sport~
Feetlval'a Women's five mile
in-line race Saturday at the
key Marco subdivision. Fo~ner
Boston Celtic K.C. Jones
listens to his son K.C. Jones
Jr. u the pair participate In
the basketball challenge
Saturday during the Marco
Island Sports Festival at Frank
E. Mackle Park. Story, 9C.
Scholar athletes
SunCa~. ,tune 16. 1996 i~'~:~S ~hlii~
MARCO ISLAND SPORTS FESTIVAL
K.C. Jones played in'a much simpler time
By BRIAN E'TT~IN
$ta~ Wnte~
5LARCO ISI.A.ND -- ICC. Jones
~.'ould find it difficult coaching
or playiM in today's NBA.
Jones. who led the Boston Cel.
tics to two NBA championships
and four Finals appearances in
the mid-8Os, has not changed
much. The game has, however,
bearing little resemblance to
the league that used to revolve
around winnin[ but now is driv-
e'n by dollars -- and plenty or
t~em.
.. "The guys are making so much
money, they're sll losing their
hunger." Jones said before Sat-
urday's Marco Island Sports
Fi, stival sports celebrities din.
her at the Radisson Beach Re.
sor~. "It*s just greed,"
Jones played for the Celtics in
a simpler time. Simple in that
the Celtics won the NBA title
eight of Jones' nine seasons, es-
tablishing what still stands as
prot'essional sports' g~'eatest dy-
nasty
The secret of those Celtic
teams that played for Red Auer*
bach -- other than the talents of
Bill Russell, Bob Cousy, Jones
and Bill Shaman: "We had such
great chemistry," said Jones, a
Hall of Famer and former part.
time Marco residenL
"Players on other teams
would get down on their team-
mates aRer they made a mis-
take. We encouraged and
suppefled out pla,vers. And Bill
Russell had such a fantastic pas.
ston for winning ball games ....
Sometimes that is missir~ in to-
day's game. You have teammates
yelling at each other for making
a mistake. When that happens,
you lose those two players for
the game, and you're outnum-
bered by two,"
Jones felt outnumbered much
of his life, growing up in the
town of Taylor, and later Corpus
Christi, deep in the hear~ of Jim
Crow Texas, where the races
were separated by law and cus-
tom. A childhood spent watching
mo~'~es in "colored" balconies
("The Crow's Nest") and sitting
in the back of the bus contrib-
uted to Jones' iow-key nature,
and early lack of self-esteem.
"I was angry," said Jones.
whose father walked out on his
family, "My self-esteem took a
beating. You accept it because
there's nothinl you can do about
tL Wen though you don't like iL
what are you going to do?"
How about take a train to San
Francisco, where Jones attend-
ed high school, play~ng basket-
ball and football. Although a
standout tn both sports, college
scouts believed he lacked the
skills to compete at the next lev.
el, But Mildred Smith, Jones'
high school history teacher, be.
gan to lobby hard for him with
the Jesuits who ran the Univer-
sit)' of San Francisco.
E~'entually, Jones received a
basketball scholarship to San
Francisco, where he and Russell
won ~ consecutive games to-
gether, back-to-back national
championships and an Olympic
gold medal.
Russell and Jones both were
draRed by the Celtics, but al-
though Jones was a respected
defensive performer and tough
player (he once played an NCAA
game with a ruptured appendix},
he was convinced he wasn't good
enough on offense to cut iL
Festival: Williams wins Marco Mile
Co~tia~d /rom lC
~ore of an elite evenL" IOimas said. "Next year
~e'll get Se information out much earlier."
--* The Mile was opened up to all Collier County
~'~gh school runners and at the last moment -- one
Srom Cape Coral. Williams, who two hours before
the 5{lie finished third in the Fes-
tival's 5-1dlometer race, heard
'about the Marco Mile Saturday
morning, asked if he could run iL
and was allowed to join about 20
other area runners, lie finished in
4 minutes. 33 seconds on a
s~raight course down South Col-
lier Boulevard that was about 80
yards more than a mile.
· Ban'on Collier junior Jamin Williams
Eastman finished second, while
Lely junmr And)' Oeights took third Meanwhile.
Lely graduated senior Jessica Brown crossed the
Rm~h line along with Lely freshman Leila Mci-
hem in 6:38. St. John Neumann sophomore Enza
Lombardi was the only other ~rl to run.
On the other side of the Island, at Key Marco
resldenUal community, Katina Salafatinos of
Team Skate 200WKrgptonics won the women's
13-over division of the 5*mile in-line skating race.
Salafatinos, 39, of Fort Lauderdale, finished in
18:58.09, ed~ng Monies Cousins of Delray Beach·
In the men's 13-over race. Adrian Winchell, 45,
of Fort Lauderdale. s member of the Speedskating
Times team, won in 16'2'L60. Tim Small. 40, a team-
mate of WincheWs, placed second in 16:33.04.
Ruddy Guerra. 9, of Hialeah, won the thai-
drews 12~-mile in-line race.
As for the 5-kilometer run, it was a clean
sweep for Naples residents. Rob Winfield won the
overall men's dirision in 15:19. Jean Bentle) won
the women's division in ~9'00. Lei)' High track and
cross country coach Mark McGarity won the men's
masters division in 1';:26, while Marie Brack took
first in the women's masters.
LOCAL GOLF
Dobbs: Wins S. Florida PGA in playoff
So he opted for another dr;
and spent two years in the ar~
When he got out in 1958.
nearly made the Los Angel
Rams as a defensive back. !~
Jones only had it half right. £
lense was his calling ~ but
was in basketball.
Despite never averaging
points per game or shooting
percent from the field, t
6-foot-I Jones carved out I
o~'n place in basketball histo
winning 10 championship ring~
As he sits at a table, serem
talking about days pasL son
one offers to take a champlc
ship ring off his hands, if',
should ever get back into eoac
lng and win another.
Jones, however, declines t:
generous invitation.
"I have my toes," Jones sa
with a smile. "and my wile I
one for my nose ring."
You Car
149!
Mile Limited Warranty
PtSS/~ORt3.22.9S
PITS/80R13 · 23.~5
Pt85/80R13 · 24.95
Pt8S/TSR14.26.95
conom~
Imm~e
~1'~*0 iSLAND SPORTS FESTIV~
-,4
Don Rlccl watches the flight of hie ahot during the Marco Is
Sports Festival golf tourney at the Marco Shores Courg~ CI
on Sunday. Ste~tn
Success: Island opened its arm
to host weekend .of fun, games
Continued from lC
were looming some times ... so a
lot of luck was involved."
A Festival highlight for the
young in-line skating crowd was
Collier CountT's first-ever
gressive in-line skating competi-
tion, which was held in the
Town Center Mall parking lot.
For Chose who have never
seen aggressive in-line skating,
the name says it all. On a course
that consists of different kinds
of ramps and bats, young in-line
skaters wearing baggy pants and
care-free attitudes on their
sleeves perform tricks and ma-
neuvers to rock music. If ice
sk,at, itt~ ever went pu,'~L th_i~ L~
what it would look like.
Sesse Howard. a l~-year-old
from Naples who captains Team
ueparLw woJl MIu ~omJml~,m~,~vj~,
beating more tha~ ~ oLhe~ skat-
~o~er o~ the ~e~val'~
in~erestJn~ evenb was ~e Unt-
ve~! TAe Kwon Do & Ff~e~
~n~r Black Belt Champion-
I~p at ~e Ma~o ~land ~C~
which had ~e Fe~val's hJ~e~
~out (1~ ~fs~an~). ~ey
c~e ~m all ~er ~e count~
~cnuse ~e ~nne~ in each
~e el~ht male and female
wei~t dl~sio~ zet to ~present
· e Unit~ S~s at "Cfudad de
Barcelona," an. fnte~aOonal
Tae Kwon ~ eh~pfo~hfp
vember in Spa~ Be~er ye~
~eir ai~a~, bo~l, meals,
~Oon and 2~ ~f~o~ all
a~ pard For.
~e 18 wef~t~l~sfon win-
ne~: Dennis ~e S~II of Hlllf-
a~; Yvo~e ~a~e of Boston
Beach; JaPer Bal~ano o[ Mi-
~i; Rebecca Pete~on of Cape
~I; ~el ~n~
~bor, Mich.; ~hley Ma~uo~
o~ Savannah, Ga.; William Oral-
lana o~ Miami; ~i~en Boyer of
Fo~ Myer; Alex Casanova
Miami; Kelli Dinnison of West-
chewer, Ohio; Michael Tang
Haverhill, Mass; Pn~fc[n ~wis
of Fo~ Myers; Eileen Poulos
SL Petersburg; Pa~cia Gutter-
ret o~ ~fami; Eui Young
B~, Minn; and Chiles
Gibbard o~Fo~ ~yers.
~clln~ at Key Marco residen-
tial communi~ a~acted the
second hi~hest number o~ par-
ttcipan~ (1~1). ~lph Clemente
o~ West Palm Beach, who fin-
ish~ ~ in ~is year's U.S.
Ol~pic ~ials, won ~e United
States Cyclin~ Federation
~SC~ ~o 1, 2 ~ce, pic~ up
The other cycling winne~ and
~efr divisions: Stephen Mason
o~ Naples (Citizen~pe~ Dan-
tel Holt o~ Brndenton (Catego~
~ 5); Earl HeaD' of~nellas Park
~asters 45-o¥er~ Gary Gardner
o~ Pembroke Pines ~aste~
~ver); She~i Sledge o~Tampa
(USCF women~ Thomas Medina
o~ ~iami (Junior 1K14~ Carlos
Prieto o~ Miami Ountor l~over);
Chris Frederick o~ Fo~ ~udcr.
dale (Catego~. 3~; and
Humbert~ ~Citizen~pen)
Winne~ ~r,:m iht. triathl~n, in
~erail male ~ 1. Sco~ Col-
ton. ~:~; A Tim Lyster, ~:~:
Jack BuAon, 49:M.
OYera[I female ~ 1. Sara
WeaYer. ~;12; 2. Carol Retter.
55:11: Christie Dopp. 59:48
DOD
maiz~ Il wm s dx.trna Invfl~,&)fmt
Female Masters ~ 1. Mary Ar.
bend,
Mixed Teams -- I. Shields.
Brugger. Avola, 1.~0:40; 2. Franle-
LevesqueJaekson 1:02:48; 3,
YMCA-Hryeyk-Moflcka I.~8:17.
Ali-Female Teams ~ 1. The
Polish Eagles,
In beach volleyball, Naples'
David Webb, Maggie Alvarez
Perry Behreas, John Joseph,
Nancy Joseph and Tim Byrnes
of Fort Myers won the 6-player
coed volleyball division. Lisa
Rynders of Naples teamed with
Lisa Rizk and Jennie Bradford
to win the women's triples divt.
sion. Mark Hig~lnson of Naples
and Bill Maik of Sarasota won
the men's doubles title.
Naples tandem Toni Weston
and Klm Kaye won the women's
doubles open. Toni Weston and
Dave Weston then went on to
win the open coed title. And the
Fort Myers team of Chad Little
and Troy Tanner won the men's
double B championship.
The golf challenge at Marco
Shores Country Club had the
second.fewest participants
Don Ricci (158). Ron Montgom.
er), (172) and Genny Stipo (215)
were Iow gross winners in their
respective flights. Meanwhile.
Ted Hcnning ¢143~. Bob Alywin
(138) and Mao' Ann H;~r~cnnn
~228, wiC'i-c l¢,~.,.~_,~ l ........ 'i.
their r~_~lwcti~e,L~ I.Tr-~, ' ,1
u.s. ~uui~ .5.~_LL~) ~e
w,o.n th4 softbali~.t
.Wmter~rry l~b~/Ll:'ield, defeat- Il
champi~ship. //~
all flYe ,,,~.. ,,",.~. ~:. ,~-~. --~::
MARCO ISLAND SPORTS FESTIVAL - 1997
CONSOLIDATED OPERATING FORECAST
2~OcI-96~
PROJECTED
REVENUE
FUNDRAISING
MAJOR SPONSORS
EVENT SPONSORS
GOVT REVENUE
IN-KIND SERVICES
IN-KIND GOODS
PARTICIPANTS
CONCESSIONS
OTHER INCOME
TOTALREVENUE
EVENTS MAJOR OTHER
SPONSORS DONATIONS TOTAL
REVENUES
$0 $0 $2,500 $0 $2,500
$0 $10,000 $0 $O $10,000
$15,000 $0 $0 $0 $15.000
$43 $0 $0 $120,000 $120,000
$5.000 $10,000 $43 $0 $15.000
$5,000 $0 $O $0 $5.000
$40,000 ~ $0 :~ $40,000
$4:) $(3 $2,500 $6 $2,500
$65,000 $20,000 $5,000 $120,000 $210,000
EXPENSE
SALARIES $10,000 $5,000 $0
BENEFITS $1,400 $700 $0
PAYROLL TAXES $1,100 $500 $0
PURCH SERVICE $~,000 $1,000
SUPPLIES $6,000 $500 $43
TELEPHONE $0 $0 $0
POSTAGE/SHIPPING $500 $0 $0
OCCUPANCY/PERM ITS $300 $0 $0
EQUIPMENT/SUPPLIES $1,000 $0 $O
PRINT/PROMO/ADVT. $4,000 $10.000 $0
STAFFNOLUNTEER EXP. $1.500 $1.500 $0
MEETING FOOD COST $6,000 $0
CELEBRITY FEES $3,000
EQUIPMENT RENTALS $6,000 $43 $43
OTHER EXPENSE $2,500 $2.500 $5,000
AWARDS $7,500 $2,500 $0
TOTALEXPENSES
$60,800 $24,200 $5,000
$10,000
$0
$1,100
$6,500
$0
$2,500
$2,400
$0
$1,000
$69,000
$1,000
$1,500
$5,000
$120,000
$25,000
$2,100
$2,7OO
$15,500i
$6,500'~
$2,500
$2,900
$3OO
$2,000
$103.0OO
$4,0OO
$9,50O
Sa,0OO
$10,000
$1O,0OO
$210.000
FESTIVAL NET
$4,2OO ($4,200) ' $0 $0 $6
AGF.~DA I]'EM~
FEB 1 I lgg7
Q.~]~]~: To confirm the re-appointmentYappointmcnl of members ~ thc Disaster
Recovc~ Task Fore.
CONSIDERATIONS: The Disaster Recovery Task Forc~ was established on April 27, 1993,
by Ordiaaiacc No. 93-20 as required by Objective 13.3 of the Collier Comaty Growth
Management Plan's Comservation and Coastal Management Element. This task force is
composed of 26 members and their duties include development of step by step procedures
including post disaster recovery, r~construction and mitigation. In addition, the task force may
be making recommendations for changes in various County ordinances such as the Orowth
Mamagement Plan, Land Development Code or other ordimmces it deems necessary in order to
prevent recurrence of damages. All appointments shall be ratified by the Board of County
Commissioners.
A list of the current membership is included in the backup.
The terms for 9 members expired on September 21, 1996; 3 changes in membership ar~ due to
changing positions.
APPLICANT
CATEGORy
Ed Perico (replacing Ed Oetu'ing)
To Be Named
Kevin Lily (replacing Lou Chest=ut)
Tom Storrar (re-appt)
Chris Christian.son (re-appt)
James Landrum (re-app0
Stephen Ladd (re-appt)
Daniel Trescort (re-appt)
Building &: Permitting Director
Public Works Administrator
Property Appraiser Liaison
Sheriff Liaison
City of Naples Liaison
Everglades City Liaison
Big Cypress Basin Liaison
SW'FRPC Liaison
Mike David (replacing George Bomer) CCPC Liaison
Robert Schubring (re-appt) Building Indusu'y Liaison
09/21/97
09/21/00
09/21/00
09/21/00
09/21100
09/21/00
09/21/00
09/21/00
09/21100
09/21100
RECOMMENDATION: That all of the above members be conftrmed to serve 4 year terms with
the exception of Ed Perico, who is replacing Ed Oelu/ng. Mr. PeHco will fulfill the remainder of
thc current 4 year term.
FISCAL Ib~ACT: NONE
GROWTH MANAGEMENT IMPACt: NONE
RECOMMENDATION: That the Board of County Commlnsioners consider the
recommendations for appointment and direct the County attorney to prepare. '
corff'm'ning the appointments.
Prepared By: Sue Filson
Date: February 11, 1997
D~:
To:
01/30/97
Sue Fflson, Admin/strative Assistant
Board of County Commissioners
cc: /eft Walker, Risk Management Director //'~
From: Ken Pineau, CEM, Emergency Management Director
ue: Disaster Recovery Task Force
Per your request, I have contacted the members of the Disaster Recovery
Task Force whose terms had expired on 09/21/96. With two exceptions,
all have agreed to serve for an additional term.
Kevin Lilly will replace Lou Chestnut, who passed away last year, as the
Property Appraiser Liaison.
Mike Davis will replace George Bomer as the CCPC Liaison.
The Public Works Administrator's slot will remain vacant until a
permanent replacement can be identified for Tom Conrecorde.
Although the Building and Permitting Director's term doesn't expire until
09/21/97, Ed Perico should be named to replace Ed Gehring who no
longer works for the County.
The only additional changes made to the current roster, which is attached,
were phone numbers and category titles. If you have any questions,
please call me at 774-8444.
KFP/bm
FEB l ! t997
Nam~
Marjorie Student
3301 E. Taminml Trail East
Naples, FL 34112
D/.rtr/ct:
Category: County Attorney
Vinee Catnero
2800 N. Horseshoe Drive
Naples, FL 34104
Disaster Recovery Task Force
Work Phone Appt'd ~ Date
J:lome Phone DateRe-appt 2ndExpDate
TT4-8~O0 09/21/93 09/'21/97
T'ert~
2nd Term
4 Y~ar~
643-8400 09/21193 09/21/97 4 Years
District:
Category: Community Development Antm~.,~,o ~-~¢,te~,~,l,.,~t ~.n~:~vte~x ,~e ,.,
Robert Mulhere ~:~.8469 09/21/93 09/21/97 4 Yea~
09/21/93 09/21/97 4 Years
2800 N. Horseshoe Drive
Naples, FL 34104
District:
Category: Current Planning Manager
2800 N. Horseshoe Drive
Naples, FL 34104
District:
Category: Building & Permitting Director
Ken Pineau
3301 E. Tamiami Trail East
Naples, FL 34112
District:
Category: Emergency Mgmt Director
Sandm Taylor T74-8991
3301 E. Tamia.m,/Trail East
Naples, FL 34112
District:
Category: Real Property DLrector
David Russell
3301 E..Tamiami Trail East
Naples, FL 34112
District:
Category: Solid Waste DL,~ctor
09/21/93 09/21/97 4 Years
09/21/93 09/21197 4 Years
732-~ 09/21193 09/21197 4 Years
Monday, Sanuary 13, 1997
Page I of $
Name
John Boldt
3301 E. Tamiami Trail East
Naples, FL 34112
Distr/ct:
Category: Water Mgmt Director
Ed Kant
3301 £. Tamiami Trail East
Naples, FL 34112
District:
Category: Transportation Liaison
Tom C oru'eco de ('vneo ,,n-)
3301 E. Tamiami Trail Ea~
Naples, FL 34112
District:
Disaster Recovery Task Force
Appt'd F. xp. Date
DateRemppt 2ndExpDate
732-2500 09/21/93 09/21/97
774-8260 09/21/93 09/21/97
732-2515 09/21/93 09/21/96
Category: Public Works Administrator.
~t l~//~.l Ztz4~' 774-8150 09~I/93
3301 E. T~i~ T~I ~t
Naples, FL 34112
~trict:
Catego~: Pm~ App~ser Li~son
Tom Storrar 7934203 09/21/93
3301 E. Tamiarni Trail East
Naples, FL 34112
District:
Category: Sh¢fiffLiaison
Chris Christiaason 434-4640 09/21/93
735 8th Street South
Naples, FL 34102
District:
Category: City of Naples Liaison
James Landrum 695-3781 09/21/93
P.O. Box 110
Everglades City, FL 34139
District:
Category: Evm'glad~ City Liai~n
09/21/96
09/21/96
09/21/96
09/21/96
2nd Term
4 Years
4 Yea.~
3 Year~
3 Year~
3 Years
3 Year~
3 Years
Monday, d~n~y
Pate 2 of $
AG£ND
FEB 1! B97
Work Phone
Stephen Ladd 597-1505
6167 Janes Lane
Naples, FL 34109
District:
Category: Big Cypress Basin Liaison
Daniel Trescou 995-4282
P.O. Box
North Ft. Myers, FL 33918
District:
Category: SWFRPC Liaison
~,., u~h Avcau~, o., #103
Category: CCPC Liaison
Robert Schubring
2606 S. Horseshoe Drive
Naples, FL 34104
District:
Category: Building Indust~ Liaison
Frank Balogh 434-1288
P.O. Box 413013
Naples, FL 34101
District:
Category: FPL Liaison
Wi]son Rumberger 774-1892
c./o 812 Elkam Circle
Marco Island, FL 34145
District:
Category: L~ County El~ctric Liaison
Mel Fisher 394-3168
P.O. Box 197
Marco Island, FL 34146
District:
Category: Southern States Utilities Liaison
Disaster Recovery Task Force
Appt'd Exp.
flttteRe-appt 2ndExpDate
09/21/93 09/21/96
09~I~3 09/21/96
09/21/96
~ 09/21/93 09/21/96
0~13/96 09/21/99
09/21/93 09/21/95
~13/96 09/21/99
0~13/96 09/21/99
Monday, January 15, 1997
2nd Term
3 Y~ars ~'
3 Years ~'
3 Year~ d~
3 Yearn ~,,<'
4 yeas
2 Years
4 Years
4 Years
AGENDA ITF~
FEB l l 1997
pg._ ~
Work Phone
Name Home Phont
Ron~ld Smith 45S-1583
1805 CR951, Suite C
Naples, FL 34116
¢~regoo,: FL Cities Utilities Li~son
Tc~ Dougl~ ~638
4500 Exch~ge Avenue
Naples, FL 341~
D~t:
C~ego~: W~e M~ment Li~son
Buddy B~er 26~2~2
P.O. Box 2477
M~o Isled, FL 33146
C~teEo~: U~ted Tel~hone Li~son
~llie ~er 262~374
~620 N. T~ T~l
Naples, FL 34103
D~trict:
Cetz~o~: C~ber of Codeine Li~son
~ Dobbe~ein 597-9088
5700 Cou/~ Drive
Naples, FL 34109
D~ict:
C~teEo~: School Dis~ct Li~son
Disaster Recovery Task Force
~opt'd F~p. Date
DateRe-appt 2ndF. xpD~e
02/13/96 09/21/99
02/13/96 09/21/99
09/21/93 09/21/95
2/13/96 09/21/99
02/13/96 09/21/99
02/13/96 09/21/99
~r~Fm
2nd Term
4 Years
4 Years
2 Ye~'~
4 Yea~
4 Years
4 Years
Monday, January 13, 1997
FEB 11 1997
Disaster Recovery Task Force
tForlt Phone Appt'd EXlx Date Term
Name Home l~ltone DateRe-al~pt 2ndF. arpDate 2nd Term
This 26 member committee was created on 04/27/93, by Ord. No. 93-20 a~ required by Objective
13.3 of the Collier County Growth Management Plan's Conservation and Coastal Management
Element. This committee's d~es include development of step by step procedures for post
hurricane recovery, advising the BCC of various issues, Including post disaster recovery,
reconstruction and mitigation. In addition, the task team may be making recommendations for
changes in various County ordinances such as the Growth Management Plan, Land
Development Code or other ordinances it deems necessary in order ~o prevent recurrence of
damages.
S~ff: Ken Pine. au, Emergency Management Director.
Monday, Jatutary 13, 1997
AGENDAZTEM _
""- ,'"O --'¢'
FEB 1 1 1997
P.o. '~
RESOLUTION OF TtiE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY
DETER/vg2qG THAT REVISIONS TO THE TOLL GATE COMMERCIAL CENTER
DEVELOPMENT ORDER DOES/OR DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION
REQUIRING FURTHER DEVELOMENT OF REGIONAL IMPACT REVIEW.
The objective of this executive sunu~ary is to solicit from the Collier County Board of Commissioners a
ruling that the proposed amendment to the Toll Gate Commercial Center Development of Regional
Impact (DR]) Developmem 84-1, as amended, does not constitute a substantial deviation requiring
further Development of Regional Impact review.
CONSIDERATIONS:
Chapter 380, Section (19) (b) (1) thru (16) define threshold revisions that constitute a substantial
deviation to a Development of Regional Impact (DPd) that would require further review. Ctenerally
these thresholds refer to increases in density or intensity of land use or decreases in open space. The
proposed modification to the Toll Gate Commercial Center Development Order is for the purpose of
extending the date that the Development Order remains effective by five (5) years less one day. The
result of this action does not abridge any of the thresholds for determining the significance of the
change. A notification fi.om the Regional Planning Commission or the DCA that they do not plan to
attend the public heating generally suggests that they consider the amendment insubstantial. Both the
Regional Planning Council and DCA have been advised of your local public hearing and both have
advised staff of their approval to the revision to the Development Order.
Determination of substantialness pursuant to Florida Statute Chapter 380.19 are not reviewed by the
Collier County Planning Commission.
HSCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
None.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability 1~ [_ap. Therefore
AGENDA
Historical/Archaeological Survey and Assessment is required, mo.
FEB 1 1 1997
P~o ~ -
PLANNING COMMISSION RECOMMENDATION:
Staff recommends that the Collier County Board of Commissioners determine that the proposed
amendment to Development Order 84-1 as amended The Toll Gate Commercial Center Development
of R~egiona] Impact (DRY) does not constitute a substantial deviation requiring further Development of
~ ~p.~t puget to st~t~t~ Chapter ~so.o60o~
R--~OI{IALD F. NINO, AICP DATE '
SENIOR PROJECT PLANNER
REVIEWED BY:
~ICP
DONALD W. ARNOLD, AICP
DATE
DATE
PI~N~ING SERVICERS. AR~NT DIRECTOR
VINCENT A. CAUTERO, ADMINISTRATOR
COMlVIUNI'~ DEV. AND ENVIRONMENTAL SVCS.
DOA44-1 EX ~MARY/bk
^o£qo~,_rr~lR ·
ao. ~
FEB 1 1 1997
P..ESOLUT'r0N NO. 97 - ,
RESOLUTION OF T~E BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY
DETERMINING THAT REVISIONS TO T~E TOLL
GATE COM)~ERCIAL CENTER DEVELOPMENT ORDER
97-2 DO NOT CONSTITUTE A SUBSTANTIAL
DEVIATION REQUIRING FURTHER DEVELOPME;~T
OF REGIONAL IMPACT REVIEW.
W~EREAS, the Board of County Commissioners of Collier County,
Florida, approved Development Order 84-1 (the Development Order) on
January 17, 1984, which approved a Development of Regional Impact (DRI)
known aa the Toll Gate Commercial Center; and
WHEREAS, Section 380.06(19)(f)2, Florida Statutes. requires that
proposed changes to s previously approved Development of Regional
impact (DRI) be submitted by the developer to the local government, the
regional planning council, and the state land planning agency$ and
WHEREAS, submittal of the proposed changes was made to the
appropriate public authorities; and
WHEREAS, Section 380.06(19)(f)5, Florida Statutes, requires that
the lo¢al government shall determine whether or not the proposed change
to the previously approved DRI development order constitutes a
substantial deviation requiring further Development-of-Regional-Impact
review; and
WHEREAS, the Board of County Commissioners of Collier County has
reviewed and considered the report and recommendations of the Southwest
Florida Regional Planning Council (SWFRPC) and the Collier County
Planning Commission and held on February 11, 1997 a public hearing on
the petition;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Collier County, Florida that:
-1-
AG£ DA ff
11 1997
The proposed revisions to ~hs Toll Cats Center
Development Order 14-1, as a~ended, ss described by the
a~snded Develol~Snt Order 97-2, Resolution No. 97-<, noted
· xhibit 'A' and hereto made a part of this resolution do not
constitute s su~stantial deviation requlrinq further
BE IT FURTHI~ P~SOLV~D that this Resolution be recorded In ~e
minutes of ~ts Board.
Co~ssto~er -- offered the foregoi~g
Resolution and moved for its adoption, seconded by Co~tsstoner
AYES:
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
and upon roll call, the vote was:
day of
., 1997.
BOARD OF COUNTY CO~D~ISSIONERS
COLLIER COUNTY, FLORIDA
BY:
ATTEST:
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
~R3OEX E ~.
ASSISTANT COU~TTY ATTO~EY
DO 97-2/19069
-2-
"FEB 1 ! 1997
EXECUTIVE SUMMARY
PETITION NO. DOA-96-$, DR.. NENO ,I. SPAGNA OF THE FLORIDA URBAN INSTITUTE,
INC., REPRESENTING ASHLEY M. PAPINEAU, PARTNER., TOLL GATE COMMERCIAL
CENTER PART~RSHn', REQU~STrNO AN AMENDMENT TO THE TOLL OATE
COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT ('DRI) DEVELOPMENT
ORDER 84-1, AMENDED FOR THE PURPOSE OF EXTENDINO THE TIME THAT THE
DEVELOPMENT ORDER REMAINS IN EFFECT FOK THE TOLL GATE COMMERCIAL
This petition seeks to amend the Toll Gate Commercial Center DRI Development Order for the purpose
of extending the time frame that the Development Order remains in effect. If approved this action
would have the effect of extending the time frame from December 31, 1997 to December 30, 2002 (i.e.
$ years less one day).
CONSIDERATIONS:
This petition is made necessary because a strict interpretation of Florida Statute requires the submission
of a Notice of Proposed Change for any revision of a DRI Development Order or event specifically
addressed in a Development Order which cannot be accomplished. In this case we have a Development
Order which specifically states that the Development Order remains in effect until December 31, 1997,
while a substantial amount of land remains to be developed. Florida Statutes provide for extending time
frames by five (5) years less one day FS386.19 O. Nevertheless, for purposes of local regulations the
property is zoned PUD and this zoning remains effective regardless of the status of any DRI
Development Order relationship. The rationale lying behind the establishment of initial development
time periods, phases of development, and termination or buildout dates in the opinion of staff appear
only to have significance in an era predating concurrency requirements. The Toll Gate Commercial
Center PUD/DRI is subject to concurrency requirements for transportation relationships.
For all practical purposes this is the principal concurrency relationship as it applies to Collier County,
therefore, the importance of'timeliness to achieve certain levels of development is of'no importance. It
matters not if the Toll Gate Commercial Center is buildout by December 31 of 1997 or the year 2002
because at any time the procedures relative to concurrency may be invoked which may result in a
moratorium to the issuance of building permits.
AGENiD,~ J_T£1~, . \
FEB 1 1 1997'
The DCA advised Collier County of receipt of the Notification of Proposed Change 0qOPC) ~1 by
letter dated August 29, 1996 provides notice that they have no objections to the proposed changes.
By letter dated August 1:5, 1996 the SWFR.PC advises that the proposed changes do not create a
substantial deviation, and do not create a reasonable likelihood of additional regional impacts not
previously reviewed by the regional planning agency.
The Collier County Planning Commission heard this petition on ganuazy 16, 1997 and by s unanimous
vote (8 to 0) recommend approval of the amendment to the Toll Crate Commercial Center Development
Order 84-1 as amended.
No person spoke in opposition or otherwise conveyed any level of opposition to this petition.
PLANNING COMMISSION RECOMMENDATION:
That the Collier County Planning Commission recommend approval of Petition DOA-96--:5, being an
maendment to the Toll Gate Commercial Center DILl Development Order as described by the draft
lution of Adoption made a pan
K10~,~LD'~INO, ~ICP
CHIEF PLANNER
of this staff.report.
REVIEWED BY:
J. MVLUERE, AICP
CURRENT P~ANNING~
D~ONA--'L'~ ~A~OLD, AICP DATE
//. 7
~C~NT A~CAU~RO, ADM~IST~TOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DATE
DOA-96-:5 EX SUMMARY/pd
2
FEB 1 1 1997
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT SERVICES DMSION
DATE:
DECEMBER 16, 1996
PETITION NO: DOA-96-5, TOLL GATE COMMERCIAL CENTER
OWNER/AGENT:
Agent:
Owner:
Dr. Neno $. Spagna
Florida Urban Institute, Inc.
3850 27a' Avenue, S.W.
Naples, Florida 3411 ?
Messrs. Ashley M. Papineau
and Robert S. Hardy
1165 Clam Court
Naples, Florida 34102
UE TED A I N:
This petition seeks to amend the Toll Gate Commercial Center DRI Development Order for the
purpose of extending the time frame that the Development Order remains in effect. The time
periods are December 30, 2002 from December 31, 1997 (i.e. 5 years less 1 day).
GEOGRAPHIC
The Toll Gate Commercial Center is located in the area bounded by C.R. 951, 1-75 (Alligator
Alley) and Davis Boulevard (Extension) (see location map following page).
This petition is required by State Statute because the current Development Order states that the
Development Order is only effective to December 31, 1997, while a considerable amount of land
remains to be developed. Pursuant to State Statute this petition seeks to extend the date by five
years less one day to a date of December 30, 2002. This effectively extends dates associated with
project phasing, buildout, and development order termination dates by five years less one day.
DESCRIPTION OF APPROVED pROJECT AND STATUS OF LAND USES;
The Toll Gate Commercial Center DRi Development Order was first approved on .lanuary 17,
1984 and simply describes the authorized uses of land as 69.4 acres of commercial, industrial and
residential tourist uses.
NO. ~
FEB 1 1 1997
P~. ~
The acreage was subsequently changed to 100.24 acres (DOA 92-1) and (PDA-90-1). The DR]
Development Order, however, references thc PUD regulations that apply to the Toll Gate
Commercial Center and in effect makes the PUD a pan of the DRI Development Order. The
PUD establishes an internal land use distribution strategy. According to the last annual
monitoring report existing development consists of 16,570 square feet of'general commercial 0.e.
restaurants and gas stations) and 254 hotel/motel units.
NITEN ·
The Toll Gate Commercial Center is designated as an "Activity Center" and one of several
Activity Centers which allows industrial land uses as well as the total range of commercial uses.
The land uses allowed in the PUD are consistent with the FLUE to the GMP.
DEPARTMENT F AFFAIR A A THWE T RIDA
I NALP ANN'IN IL RE W W P ·
The DCA advised Collier County of receipt of the Notification of Proposed Change (NOPC) and
by letter dated August 29, 1996 provides notice that they have no objections to the proposed
changes.
By letter dated August 15, 1996 the SWFR.PC advises that the proposed changes do not create a
substantial deviation, and do not create a reasonable likelihood of additional regional impacts not
previously reviewed by the regional planning agency.
STAFF REVIEW~MENTS:
This petition is made necessary because a strict interpretation of' Florida Statute requires the
submission of a Notice of Proposed Change for any revision of a DRI Development Order or
event specifically addressed in a Development Order which cannot be accomplished. In this case
we have a Development Order which specifically states that the Development Order remains in
effect until December 31, 1997, while a substantial amount of land remains to be developed.
Nevertheless, for purposes of local regulations the property is zoned PUD and this zoning remains
effective regardless of the status of any DRI Development Order relationship. The rationale lying
behind the establishment of initial development time periods, phases of development, and
termination or buildout dates in the opinion of staff appear only to have significance in an era
predating concurrency requirements.
While the original Toll Gate Commercial Center predated Collier County's concurrency
management requirement, nevertheless as a consequence of a subsequent amendment the Toll
Gate Commercial Center Development Order ;vas made subject to transportation concurrency
requirements. For all practical purposes this is the principal concurrency relationship as it applies
to Collier County, therefore, the importance of timeliness to achieve certain levels of development
is of no importance. In the opinion of staff it matters not if the Toll Gate Commercial Center is
buildout by December 31 of 1997 or the year 2002 because at any time the procedures relative to
concurrency may be involved which may result in a moratorium to the issuance of building
permits.
FEB 1 1 1997
Furthermore it is necessary to emphasize the fact that all of the land uses authorized by the Toll
Gate Commercial Center PUD are consistent with the Future Land Use Element to the GMP.
Staff is of the opinion that there is nothing that needs to be changed at this time as a result of the
opportunity afforded by this amendment request. The PUD provides language that deters to the
regulations in the Land Development Code where the PUD is silent or particular legislation.
Therefore, all future development is subject to the requirements of the Land Development Code
architectural standards, landscaping and parking.
Staff recommends the amendment to the Toll Gate Commercial Center DRI Development Order
for the singular purpose of changing the date the Development Order remains in effect from
December 31, 1997 to December 30, 2002.
~TAFF RE~. ~
That the Collier County Planning Commission recommend approval of Petition DOA-96-$ being
an amendment to the Toll Gate Commercial Center DILl Development Order as described by the
draft Resolution of'Adoption made a pan of'tKis stafrreport.
k6NALD NTN0, A CP DATE
CHeF PLANNER
1LEVIEWED BY:
AICP ~
C~RRENT PLANNING MANAGEL
DONALJ> W. ~OLD,
PLUG SER~CES DE~~ D~CTOR
~CE~ A. CA~ERO, ~S~TOR
CO~TY DEV. ~ E~O~~ SVCS.
DATE
DATE
DATE
Petition Number DOA-96-5
Staff Report for Sanuary 16, 1997 CCPC meeting.
NOTE: This Petition has been advertised for the February 13, 1997 BCC meeting.
COLLIER COUNTY PL.~G COMMISSION:
IV~CHAEL A. DAVIS, CHAIRMAN
DOA-96-$ STAFF REPORT/Ixl
FEB 111991
Pcthion No.
Dat~
APPLICATION FOR PUBI .lC HEARING
FOR
COMMUNITY DEVELOPMENT DM$ION
PLANNING DEPARTlVlENT
1. Name of Applicant(s): A~M~, M. P _agineau. Parmcr. ToIl~a~¢ Commcrc~ C~n~er Parm¢~hiu.
Applicant's l~iling Ad&ess: ~
Cil~': Naples Statc: Florida Zip: 33962
Applicant's Tcl~honc Numlx'r: Rcs. 778-333~ Bus.: 775-3338
Is thc applican! thc owns' of subj¢c! propcrty?._Yes_No
(._) (a) If applicant i.s a Land Trust, so indicate and name thc b~cficiarics below.
(__) (b) If applicant is corporation oth~ than a public corporation, so indlcat¢ and name officers and
major stockholders below.
CX_) (c) If applicant is a parmcrship, limit~ partnc~hip or other business ~tity, so indicate and
(__) (d)
C_) (¢)
(
name principals b~low.
Ashley M. Papincau
1165 Clam Courl
Naples, Florida 33962
Robert S. Hardy
C/O 1165 Clam Court
N~plcs, Florida 33962
If applicant ia an owner, indica~ cxacdy as r~x~rd~ and list all other owners, if any.
If applicant is a lcss~, attach copy of lease, and indicat~ actual owner(s) if not indicated on thc
If applicant is a conlract purchase', attach copy of conlract, and indicate aclual owner(s) name
and ad&ess below.
2. Name of agent Dr. Ncno J, Sp _agna Firm Florida Urban In~tut~. Inc,
Agents Mailing Ad&ess 3850 27 Avenue S.W,
Ci~,' Naoles State Florida
Zip 34117
2
FEB 11 1997
Tclcphonc Nutnbcr: Rcs: ~ Bra: ~
PUD ORDINANCE NAME AND NUMBER: ~
Dct~cd Icgal dcscription of thc propcrt7 cov~cd by thc application (if space is in3dcqu,~ at'tach on
scparatc page If rcqucst involves changc to morc than one zoning district, inch,talc separate Icgal
description for propcrly involvcd in cach d~trict. If propcrty is odd-d~pc~ submit four (4) copies
of survcy (1" to 400' ~,alc).
Thc applicant is rcspons~lc for supplying thc correct lcsal d,:~c~d~ if qucsdons arisc conccmi~
thc legal description, an cngin¢~s ccrtifcatc dud] I~ r~ircd.
S¢c. on_.U. t.iff Towns p. ngc
,.,<cc.. ~, '7'.5-O,:' /. ,.' :', ~
Commcncing at thc southcast corncr of Section 35, Township 49 Sou,h, Range 26 East, CoIlicr
Count'. Florida; thcnc¢ along thc cast linc of said Scction 35 North 1°-$6'-55" Wes! 200.14 fcct
to a point on thc north right, of-way linc of State Road 84 (Alligator Allcy); thcncc along said
north right-of-wa)' linc, North 89°-45'-01- Wcst 331.23 fcct to a point of intcrsccdon of said
north right-of-wa)' linc of State Road 93 (I-75), and thc Point of Beginning of thc parccl hcrcin
dcs,:ribcd;
thcncc continue along ~d right-of-way of yarc Road 84 (Alligator Allc)') on thc following
courses:
)) , orth sp°-4S'-01'Wcst 239s.
2)
South 89°-56'-16' Wcst 1547.43 fcct;
3) North 80°-4Y-$8'Wcst 709.38 fcct;
4) North 390-$2'-42-Wcst 209.9] foci;
5) North 10°-24'-33" U/cst 209.94 fcct to a point on thc East Limited Acccss, right-of-wa)* linc
of Stetc Road 93 (1-'75);
thence continue along seid Limited Acccss, risht-of-way ]~nc of Statc Road 93 (I-75) on thc
following nine courses:
])North 3°-19'-$2" East 285.34 fcct;
2)Nm'th 230-37'-28'' Easl 149.83 feet;
3)North 64°-12'-39' E~st 149.83 fcct;
4)North 86°-37'-0]* E~t 778.54 fcct;
5)South 87°-55'-12'' Eas! 318.82 fcct;
6)South 78°-44'-38' East 318.32 fcct;
'7)South 74°-09'-17' ]:.asx 1199.30 fcct;
8)South 73°-00'-33' East 1904.96 fcct;
9) southerly 233.67 fcct along thc arc of a circular cra'vt concaq,,c to thc northeast, havin8 a
radius of ] 16.2116 fcct, subtcndcd by a chord which bcars South 750-35-07'' East 233.67
fcct to thc north right-of-way tinc of State Road 84 (AlliSator AIIc)*); and thc point of
beginning ofthc parccl hcrc~ dc~cribcd; being a part of south 1/2, Scction 15, Township 49
South, Rangc 26 East, Collier Courtly, Florida; subjcct to casements
rccord; conteining 69.40 acrcs of land morc or less; bcarings arc based t
Dcparm~cnt of Transpo~tion right-of-way map for State Road 93 (1-7.'
FEB 1 1 1997
ALSO INCLUDING THE FOLLOWING:
Description of i:~'t of Section 3:5, Township 49 South, Range 26 Ea~ Collier County, Florida.
COlvlMENCE at an iron ~ markin~ tile Northeast Corner of said Section 2; thence North
89°"45'- 01" West 337.83 feet along thc North linc ofsaid Sec~on 2 for a POINT OF BEGINNING;
th~ce South gg°-ST"41 West, 2,300.70 feet; thence on a course ~ f~m said Section 35,
South $9°- 56'-02 West, 2,448.74 fee~, thence North 45°=46-16 West, 71.58 fe~ thence North
01°-28'-34" West, 705.25 feet to the ~ ~ Acce# R/W Line of S.R. 951 (Section
03175-2409); thence South 10°.24'-33. East, 209.94 fe¢*q thence South 39o-52'-42. East, 209.91
feet; thence South g0°- 43'-58" East, 709.38 feet; thence North g9°-56'-16' East, 1,547.43 feet;
th~c¢ South $9°-45'-01" East, 2,396.67 feet to tho Sottthcrty Existing Limit~! Access R/W of S.R. 93
(03175-2409); thence South 00°-02'-19' East, 200.00 feet to the POINT OF BEGINNLNG.
and except thc East 100.00 fe~t thereof conla/ni~ 30.835 acres, more or less.
Thc entire project arca b 100.235 acres.
Address or location of subject prol:~r~: ' ' '
6. Docs propcrt3' owncr own cont~uous ~ to the subject ~ Noir so, ~ complct¢ legal
description of entire contiguous properS. (If space is inadequate, attach on separate page.
7. 'I'Y'PE OF AMENDMEN-I':
A. PL'D Document Language Amendment
B. PUD Master Plan Amendment
~X_C. Development Order Langtu~¢ Ammclmcnt
g. DOES AMEN'DMENT COMPLY WITH ~ COMPREHENSIVE PLAN:
If no, cxpl,~in
_X_ Yes __ No.
HAS A PUBLIC HEARING BEN HELD ON THIS PROPERTY WrFHIN THE LAST YEAR?
No IF SO, IN WHOSE NAME?
PETITION #: DATE:
FEB 11 1997'
10. HAS ANY PORTION OF ~ PUD BEEN No SOLD AN'D/OR .._Y~._. DEVELOPED?
ARE CHANGES PROPOSED FOR THE AR~A S~LD AND OR DEVELOPED.?
All of thc infrastructure for thc cntirc projcct h~s bccn inmll~f md spprow, d by thc County. Ph~c
I~ is prcscntly undcr development md will continuc to bc dcvclopcd sccardin~ to thc icrn~ md
conditions of thc PUD Documcnt.
I, ~ebl~M,.P_~in.~, bci~d~ ~wom, &lx~ mds~tt~ ~hc owncrofth¢~&scn'b~
hcrcin md which is thc subject metier of thc proposed hc~rin& that ~I1 thc m~wcrs to ~hc qucstions in this
application, and all skctchcs, da~ ~nd olhcr supplcmcnUry m~ alIachcd to ~md made p~rt of this
application, arc honcst and truc to thc bcst of my knowlcdgc and bclicf. I undcrstand this application
must be complctc and accurate before a hcarin~ c~ be advcrfi.gd. I further permit the und~cd to
act as my aSent in an), matt~ rei~rdin8 this petition.
NOTE: SIQ,:NATURE~.T~ AiL OWNERS ARE MANDATORY.
of Rob~ F.
Si~natur: of.a,~i~/~t ' ~ ~
·
COUNqA' OF COLLIER
STATE OF FLOR/DA
forcgoing ~ was ~cknowlcdgcd before me lhis~day of
., 19 ~ ~ ~t,t,t./'- who is person~' known to
2VALEN~'E J. I~I'OLL
, :;::; Cc..-..~
('Print name of Nota~ PubUc) ~H/..~..~r.=~ tlons~,
NOTARY PUBLIC
My commission cxl:&~ ~ (NOTARY SEAL)
COUNTY OF COLI~R
STATE OF FLORIDA
Thc~for¢soin~ ~ w-- ~know'lcd~cd bcforc mc this
of ' '~.~, 19 q..~.~ by '~_,~.who is pcrson~ ialown to mc ~
)
take an oath..
(Print na~ne of Notary Public)
NOTARY PUBLIC
S~.'Co~ion # d~_~x-'
My commission cxpirc~ ~ (NOTARY SEAL)
STATE OF FLORIDA
COUNTY OF COLLIER
Thc foregoing ~ wa~ ~cknowlcdge. zt b~for~ mc this~J__.~ of
~n and who did-(did not) talc an o~th..
Public
(Print name of Notary Public)
NOTARY PUBLIC
Serial/Commission #
My commission ex'Vim ~ ~"o
(NOTARY SEAL)
6
FEB 1 1 1997
PI- ~
Dcvclogmml Order 92-1, R¢~olution 92-I00 is achcd~cd to expire on Dcccmbcr 31, 1997 and the
&w~lop~r is rcqucstin~ an cxtmsion of thc IX-v~lopm~nt Order as follows:
Amid The Toll Gate Conun~ Ccntcr Dcvcl~ent Ordcr 92-1, H. Section 7, page 13. as
fotlows: (Plc~se Note: Words ~ arc added; words stet~V4~e~ arc deleted.)
That this Order shall remain in cftcct uflh'l t~oemb~',-.3.1.~4)~ ~. Any
development active' whcrcin plans have bcen submittcd to thc County for its rcvicw and approval
prior to thc expiration date of this Ord., may be complctcd, ii' approX. This Order may b~
cxtcndcd by thc Board of County Corm~sioncrs on thc finding of cxcusablc delay in any pl'oposcd
dcvclopmcn! ac~'ity.
This amcndmcn! is nccess~3' in order to continue thc orderly ~nd progressive development of thc subject
properS.' in ~he manner intended by thc PUD Document and as has been completed by thc developer to
det¢.
NO. ~
FE[ 1 1 1997
DEv~r~oP~ O~D~t
P. ESOLUTZON NTJHBER
X ~SOL~ZOg ~ZNG D~~ 0~
S4-X, ~ ~DED, FOR ~E TO~ GATE
~CX~ C~ D~PH~ OF REGZON~
Z~A~ (DRI)~ BY PROV~DZNG FOR:
O~E, ~ING ~E DATE ~T ~E
D~~ O~ ~S ~N EFFE~ BY
PROV~D~N~ FOR ITS ~SIO~; SE~ON ~O,
CON~US~ONS OF ~W; SE~ZON FO~, EFFE~
OF P~OUSLY ZSSUED D~E~P~ O~,
~~ TO D~ ~D EFFE~IVE DATE:
WHEREAS, the Board of County Commissioners of Collier County,
Florida approved Development Order 84-1 as amended (the Development
Order) on January 17, 1984. which approved a Development of Regional
Impact (DRI) known as the Toll Gate Commercial Center; and
WHI~.EAS, the Board of County Commissioners approved Resolution
Number 92-222 and Resolution Number 92-100 which a~ended the Toll Gate
Com~ercial Center Development Order, on April 7, 1997 and February 11,
1992 respectively; and
WHEREAS, the Application for Development Approval (ADA) was
incorporated into and by reference made a part of the Development
Order; and
WHEREAS, the real property which is the subject of the Devil-
opponent Order is legally described and set forth in Exhibit "A# to the
Development Order; and
WHEREAS, the owners of the DRI property desire to extend the time
that the development order remains in effect; and
WHEREAS, Dr. Neno J. Spagna of the Florida Urban Institute, Inc.,
representing Ashy M. Papineau, Partner, Tollgate Commercial"Center
Partnership, petitioned the Board of County Commissioners of Collier
County, Florida, to amend the Development Order; and
WHEREAS, the Collier County Planning Commission has reviewed and
considered the report and recommendations of the Southwest Florida
Regional Planning Council (SWFRPC) and has held a public hearing on the
petition on January 16, 1997; and ................
EEB 1 1 1997
Words underlined are additions; Words ~ are: .... ~- lO
WHEREAS, fha ~oard of County ¢ommissio~ers of Collier County
rev~eved and considered the reports of the S~RPC and the Collier
County Plann~nq Co~iss~on and has held a p~l~c hearing on
NOW, ~FORE, BE IT ~SOL~D BY ~E BO~ OF
~ISSION~S OF CO~I~ ~Y, ~RIDA ~T:
SE~ION ONE= ~~ OF D~P~ O~
~a~ Section 7 of Developm.n= Order 84-1 as amended by
92-100 for ~he Toll Ga~e Co~erc~al Center ~s hereby further amended to
read as follows:
~at ~is Order shall remain ~n effec= until
~ 31, I~97 D~cember 30. 2002. ~y
development activity wherein plans have
submit~ed to ~he County for ~ts review and approval
prior to the e~rat~on date of ~h~l Order, may ~
completed, ~f approved. This Order may be ex~ended
by ~he Board of Coumty Co~lsstoners on ~he f~nding
of excusable delay ~n any proposed developmen~
ac~lvity.
~E~ION ~0: FINDINGS OF FA~
A. That the real property which il the subject of th~s amen~en~
petition il legally described al se2 forth in E~b~2 "A",
attached hereto and by reference made a par2 ~hereof.
B.~e appl~ca~ion ~s ~n accordance v~th Section 380.06(19),
Florida Statutes.
C. ~e developmen~ of Toll Ga~e Co~erc~al Center on 100.24
acres of la~d ~ for co~ercial, indu~tr~al and
to~Et uses.
D. ~e re~ested ~men~en~ to ~e previously approved
Development Order ~s conslsten~ with the repo~ and review of
~e ~C.
E. A comprehensive review of ~he ~mpac2 generated ~ the
re~ested ~en~ent has been conducted by the County's
Words underlined are add~ons~ Words ~ are deletions.
-2-
The devslolmsnt is not in an ares designated an A~es of
C~ttical Stats Concern pursuant to the provisions of Section
The rsTuested a~end=ent of the previously approvsd
Development Order is consistent with the report and
recommendations of ~he SWl~C.
B. The proposed amendment to the previously approved Development
Order will not ~nreasonably interfere with the achievement of
the objectives of the adopted State Land Development Plan
applicable to the area.'
C. The proposed anendment to the previously approved
Development Order is consistent with the Collier County
Grow~.h Management Plan and the Land Development Regulations
adopted pursuant thereto.
D. The proposed amendment to the previously approved Development
Order is consistent with the State Comprehensive Plan.
SECTION FOURI EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER iS).
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order S4-1 shall remain
in full force and effect, binding in accordance with its
terms on all parities thereto. This amended Development
Order shall take precedence over all other applicable
previous and subsequent Development Orders which are in
conflict thereof.
B. Copies of this Development Order shall be transmitted
immediately upon execution to the Department of Community
Affairs, Bureau of Land and Water ~anagement, and the
Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by law.
380.06, Florida Statutes, as a~ended.
SECTION T?O~EE: ~ONCLUSIONS OF I~W
A.
Words underlined are additions; Words~ are deletions.
11 1997
L , Pl. ~
BE l~ FURTHE~ RESOLVED that this Resolution be racordad in t. ha
minutas of this Board.
Commissioner offered the foreqoinq
Resolution and moved for Ira adoption, seconded by Co~misslonar
and upon roll call, the vote waa~
AYES:
NAYS:
ABSENT AND NOT VOTING=
ABSTENTION:
Done this
ATTEST:
DWIGHT E. BROCK, CLERE
day of , 2997.
BOARD OF COUNTY CO~ISSIONERS
COLLIER COUNTY, FLORIDA
BY:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
MARJQRIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
DOA-96-5/18743
Words underlined are additions; Words ~ ara deletions.
1991
REQUEST THE BOARD OF COUNTY COMMISSIONERS APPROVE THE ORDINANCE
AMENDING ORDINANCE 96-16 REGARDING VESSEL SPEED CONTROL ANDWATER
SAFETY; ADDING A DEFINITION FOR HURRICANE PASS; INCORPORATING ALL
IDLE SPEED ZONES PREVIOUSLY DESIGNATED BY RESOLUTIONS; ADDINg NEW
IDLE SPEED-NO WAKE ZONES; PROVIDING FOR CONFLICT AND
SEVERA~ILITYI PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCESI REPEALING RESOLUTIONS; PROVIDING AN EFFECTIVE DATE.
That the Board of County Commissioners approve the Ordinance to
amend Ordinance 96-16 to include four new areas as Idle Speed/No
Wake zones, and reaffirm all the existing Idle Speed/No Wake
zones.
CONSIDERATIONS~
During the years of 1979 through 1986, Collier County
recognized the need to prevent injuries and to reduce boat
and other property damage resulting form excessive boat
wakes.
Four separate Resolutions were approved over a seven year
span identifying certain waterways in the unincorporated
areas of the County as Idle Speed/No Wake zones. These areas
consisted of residential canals, boat basins and seawalled
areas.
Over the next ten years the County underwent a tremendous
upsurgence in growth and development. Several new waterfront
communities were constructed; increased numbers of boats and
new vessel designs opened up once quiet back bays to heavy
boating traffic. These areas now need to be regulated as
Idle Speed/No Wake.
The new Idle Speed/No Wake zones are located in Little
Hickory Bay, including Bonita Shores and Lely Barefoot Beach,
the Gordon River fronting on the River Reach subdivision and
Coconut River Estates.
5. Maps of all Idle Speed/No Wake zones are attached to the
proposed Ordinance.
GROWTH MANAGEMENT IMPACT.'
Policy 7.2.2 of the Conservation and Coastal Management Element
allows for the establishment of restricted boat speed zones.
AGENDA ITEM ..
FEB 1 1 1997
PI._
FISCAL 2MP~CT:
County Impact=
The cost of posting the appropriate signs for the newly
designated speed zones is estimated at $8000 which is budgeted
for FY 96/97 in Fund ~001-178980.
Boaters ImDact:
There is no impact to the boaters since prudent boating practices
dictate these areas as Idle Speed/No Wake.
RECOMmENDaTION:
That the BCC approve the Ordinance amending Ordinance 96-16 which
will create four new Idle Speed/No Wake zones, and reaffirm all
existing Idle Speed/No Wake zones.
Kevin H. D~W~ Sr. Environmental Specialist
Natural Resources Department
Reviewed
bY~lliam D. Lorenz, ~r~', . ,
Date:
I.
Natural Resources Department
Cautero, ~dmin~strator
Community Development & Environmental Services Division
FEB 1 1 1997
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ORDINANCE NO. 97-
AN ORDINANCE AMENDING ORDINANCE NO.
96-16 REGARDING VESSEL SPEED CONTROL
AND WATER SAFETY; ADDING A DEFINITION
FOR HURRICANE PASS; INCORPORATING
ALL IDLE SPEED ZONES PREVIOUSLY
DESIGNATED BY RESOLUTIONS; ADDING NEW
IDLE SPEED - NO WA.K~ ZONES; PROVIDING
FOR CONFLI~ AND SEVERABILITY;
PROVIDING FOR INCLUSION IN TH~ CODE OF
LAWS AND ORDINANCES; REPEALING
RESOLUTIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Collier County, pursuant to Section 327.22 (IXa) and Section
327.60(I), Florida Statutes, has the authority to adopt this Ordinance to impose
idle speed zones on waterways in the unincorporated areas of the County without
approval fi.om the Dcpa~ment of Environmental Protection or any. other Agency
of the State of Florida of the Federal Government; and
WI:n~REAS, Collier County has heretofore established several waters of
unincorporated Collier County as "Idle Speed - No Wake" zones by adoption of
four (4) Resolutions numbered 79- ! 65, 81-199, 85-146, and 86-1; and
WHEREAS, the Board of County Commissioners deems it appropriate to
continue to protect the public health, safety and welfare and to continue to
promote safety in the operation of vessels in specified county waterways and boat
basins by re-affirming all of the "Idle Speed - No Wake" zones that have been
heretofore been established by the combined effects of the above-listed four (4)
Resolutions; and
WHEREAS, Collier County hereby also designates some new areas as
newly designated "Idle Speed-No Wake" zones; and
Irt, TIEREAS, in an effort to prevent injuries and to reduce boat damage and
other property damage that results from excessive wakes, it is advisable to inform
boaters that the subject navigabl~ waters are restricted "Idle Speed" and/or "No
Wake" areas by placement of informative regulatory markers, therefore the
County will post all such designated Idle Speed - No Wake zones with appropriate
signage and will continue to repair, replace and maintain thos: regul~
FEB 1 1 1997
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NOW, TtlEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Collier County Ordinance No. 96-16 is hereby amended a~
follows:
SECTION ONE: INTENT AND PURPOSE
It is the intent and purpose of this Ordinance to protect and promote the
health, safcty and welfare of thc public, including residents and visitors to Collier
County and in particular by providing in specified water ~ble speed
regulation to the operation of vessels as defined. It is further intended that this
Ordinance shall be liberally construed to effect such intent and purpose.
SECTION TWO: TITLE AND CITATION
This Ordinance sl~ll be known and be cited as the "Collier County Water
Safety and Vessel Con~rol Ordinance."
SECTION THREE: APPLICABILITY
This Ordinance shall apply to and be enforced on all the ~It waters of the
following described Restricted" - " cas:
1. The Clam Bay System including Upper Clam Bay, Inner Clam Bay,
Outer Clam Bay, and Clam Pass. These restricted areas are as specified on the
'map attached hereto as "Exhibit A."
2. Hurricane Pass, as specified on the map attached hereto as *'Exhibit
0 ~ 0 ~ , · 0 o 0
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SECTION FOUR: VESSEL SPEED REGULATION
Except during an emergency or operation by an official of the government
while engaged in official business, the operation of any vessel in 'excess of idle
speed, as defined herein, in or on any waters specified above is hereby prohibited
and is a violation of this Ordinance. Said prohibition is effective and enforceable
provided the "no wake" area is designated by regulatory marker, signage, buoy, or
any other notice of the "~-no wake" status. The locations of such notices
shall be placed at the discretion of the County Staff. All such notices'posted by
the County are official notices of the County. ' · ·
..... il is no defense to a violation of
fl'tis Ordinance to allege that ' ~ · .
~ De~-ee4am did not observe 12oJlgd notice of the ~ "no
wake" status of the waters.
SECTION FIVE: DEFINITIONS
For the purposes of this Ordinance, the following words are defined as
follows:
A. IDLE SPEED means the minimum speed through or over the surface
of the water that will allow the vessel operator to maintain steerage of the vessel.
B. OPER. g TE means to be in control of the speed of a vessel v '
over or in water. No.
FEB 1 1 1991
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C. //£$$£/. means a motor propelled and/or artificially propelled boat,
sailboat, barge, airboat or other watercraR used or capable of being used as a
means of transportation of one (1) or more persons over ot in the water, whether
propelled by wind, propeller, or forcing flow of water by prope'!~ or impeller, ot
otherwise. Vessel does not include a canoe, kayak, ot similar small minimum
wake type vessels provided the vessel is then being propelled only by pa~lclle and
not by motor, pump, or sail. "Vessel" does not include seaplane.
SECTION SIX: PENALTIES
Each violation of ti'tis Ordinance is a civil infraction. If a Citation of
Violation is not contested and is paid in full and on time, the fine shall be Fifty
($50.00) Dollars for the first violation within any six (6) month period, and One
Hundred ($100.00) Dollars for a second violation by the sa~e person within any
one (1) year period. If the fine is not paid in full and on time, the Cottrt may
impose a fine of up to Five Hundred ($500.00) Dollars plus Court costs and any
other costs and/or fees authorized to be imposed by the Court by Florida Statutes.
As an alternative means of enforcement, violations of this Ordinance may be
referred to the Collier County Code Enforcement Board.
SECTION SEVEN: ENFORCEMENT
The provisions of this Ordinance shall be enforced by any member of any
duly authorized law enforcement agency or officers having enforcement
jurisdiction in Collier County, Florida. Civil Citations may be used to notify the
defendant of allegations of violations of this Ordinance.
SECTION TWO: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or
portion of the Ordinance is held invalid or unconstitutional by any cour~ of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portion.
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SECTION THREE:
INCLUSION IN THE CODE OF LAWS
AND ORDINANCES
The provisions of this Ordinance shall become and be made a pan of the
Code of Laws and Ordinances of Collier County, Florida. The sections of the
Ordinance may be renumbercd or r~lcttercd to accomplish such, and the word
"Ordinance" may be changed to "section," "article," or any other appropriate
word.
SECTION FOUR: REPEAL OF FOUR RESOLUTIONS.
Resolutions numbered 79-165, 81-199, 85-146, and 86..1
repealed.
are hereby
SECTION FIVE: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
PASSED A.ND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, ~s ~ day of. ~ 1997.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COM2vIISSIONERS
OF COLLIER COUNTY, FLORIDA
By:_ By:
Deputy Clerk
Approved ~s to form and
legal sufficiency: _ ~
Thomas C. Palmer
Assis~nt County Attorney
Timothy L. Hancock.
6
Words deleted ar~ s~=tl~,ssgh; words added are ~
ExhibH C
IDLE
SPEED
ZONES
HATCHED AREAS ARE IDLE
SPEED ZONES
LELY
BEACH
UTrlr
WIGGINS
PASS
DEL NOR
WIGGINS
STAT~ PARK
BONITA
SHORES
LEE COUNTY
US 41
SCALE
0 .5
MILES
OLD 41
CONKLIN
BAy~ GULF
HARBOR
CHEE
R
TURKEY
BAY
PALM
SHORE',
FEB 1 1 1997
II.
D[t. NO~
WATER
TURKEY
BAY
Exhibif
PALM
SHORES
D
VANDERBILT
BEACH
VANDERBILT
LAGOON
INNER
PELICAN
BAY
CR 846
SCALE
0 .
NILES
IDLE SPEED ZONES
CLA~ HATCHED AREAS ARE IDLE
PASS
SPEED ZONES
OUTER ^cE ox £ m
CLAM .o. ~~ !=
,~BAY US 41 p N~'Ei~O~7 ~.
·I
Exhibif E
',DLE
SPEED
ZONES
GORDON
RIVER
HATCHED AREAS
°PEEl] ZONES
NAPLES
SCALE
ARE IDLE
41
RIVER
REACH
GORDON
RIVER
ROCK
CREEK
BROOKSIDE
ISLIr OF'
Exhibif
,PRI
F
TARPON
BAY
CAPRI PASS
SCALE
0 .5 1
MILES
~%
JUDGE
JOLLY
BRIDGE
~LLA
SANCTUARY
SOUND
IDLE
SPEED
HATCHED AREAS
SPEED ZQNES
ZONES
ARE IDLE
CAXAMBAS
PASS
Exhibif G
IDLE
SPEED
ZONES
SANCTUARY
SOUND
HATCHED AREAS
SPEED ZDNES
ADDISON
BAY
0
ARE IDLE
SCALE
.5 1
MILES
92
SR 92
Oi
BARFIELD
BAY
BAY
0C)
S
S
ISLAND
US 41
DLE
Exhibif H
SPEED
ZONES
HATCHED AREAS ARE IDLE
SPEED ZONES
HENDERSON
CREEK
SR 951
SCALE
0 ,5 1
MILES
FEB 1 1
Exhibi~ I
US 41
PORT ~
OF 'x
THE
ISLANDS
IDLE
SPEED
HATCHED AREAS
SPEED ZFINES
FAKA
ZONES
ARE IDLE
SCALE
UNION ~
0 ,5 1
CANAL MILES
FAKAHATCHEE
RIVER
I FEBI11997
Exhibit J
IDLE
SPEED
ZONES
HATCHED AREAS ARE IDLE
SPEED ZFlr. JES
BARRON
RIVER
SR
EVERGLADES
CITY
EVERGLADES
NATIONAL
PARK
HALFWAY
CREEK
SCALE
0 ,5
MILES
HOKOLOSKEI
TURNER
RIVER
AGEN ITE
FEB ! 1 1997
.,.
EXECUTIVE SUMMARY
AN ORDINANCE PROVIDING FUNDING FOR THE JUVENILE
ASSESSMENT CENTER AND SUSPENSION PROGRAM THROUGH
COUNTY DELINQUENCY PREVENTION FINES PURSUANT TO
SECTION 775.0833, FLORIDA STATUTES, AS AMENDED BY
CHAPTER 96-382, LAWS OF FLORIDA; PROVIDING FOR A
MANDATORY COST OF THREE DOLLARS ($3.00) TO BE ASSESSED
AGAINST EVERY PERSON CONVICTED OF A VIOLATION OF A
CRIMINAL STATUTE, A MUNICIPAL OR COUNTY ORDINANCE, OR
A TRAFFIC OFFENSE IN THE COUNTY; PROVIDING FOR THE
COURT TO ASSESS THE MANDATORY COST OF $3.00 AND THE
CLERK OF THE CIRCUIT COURT TO COLLECT THE MANDATORY
COST; PROVIDING FOR~THE COLLECTION OF COSTS AND
DISBURSEMENT OF FUNDS BY THE CLERK TO THE SHERIFF;
PROVIDING THE RESPONSIBILITIES OF THE SHERIFF;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
~ That the Board consider adopting an Ordinance to impose
a mandatory cost for the funding of the Juvenile Assessment Center
and Suspension Program pursuant to Section 775.0833, Florida
Statutes, as amended by Chapter 96-382, Laws of Florida.
CONS D O · During the 1996 Legislative Session, Chapter
96-382 was enacted and became law on July 1, 1996 that enables a
county to adopt an ordinance imposing a mandatory cost of $3.00
per case to be assessed in specific cases to fund the Juvenile
Assessment Center and Suspension Program.
On November 26, 1996 the Board of County Commissioners directed
the County Attorney to prepare and advertise for public hearing an
Ordinance to impose a mandatory cost for the funding of the
Juvenile Assessment Center and Suspension Program. On January 14,
1997 the Board approved the reconsideration of the ordinance and
directed the ordinance be readvertised for public hearing on
January 28, 1997.
~ By adoption of this Ordinance, there will be no
negative impact. It is estimated that this Ordinance will
generate up to $50,000.00 depending on the interpretation of law
by the Courts.
GROWTH AGEMENT IMPACT: None.
CO E AT O : That the Board consider adopting the attached
Ordinance imposing a mandatory cost of $3.00 per case to be
assessed in specific cases to fund the Juvenile Assessment Center
and Suspension Program.
Approved by:~
County Attorney
Date:/--/~
FF. bT 1 1 1997
COLLIER COUNTY JUVENILE ASSESSMENT CENTER
INTERAGENCY AGREF.?~'~NT
· ?!/~
This Agreement is made and entered into by and between thc Stat~ of Florida, Department
of Juvenile lustier, District Eight; the Collier' County Courts; the Collier County Clerk of the
Court; the ColLier County Sheriff; and the C~.llier County luvenilc lust.ice Council, Inc.
WBr. a~, all parties are committed to!providing appropriate programs and services to
' · ' ' d involved in thc
prevent ckildren from becoming at risk and to mtervea¢ w~th children ah-ca y
juvenile jusfi~ system; and
Wtm~:.~.s, thc parties to this Agreement desixc a maximum degree of cooperation and
pIarmixtg in order to provide for the safety and security of the community and its c?fildren; and
WI-~AS, during the 1996 Florida Legi.slafive Sesxion, Chapter 96-0352 was enacted and
became law on July 1, 1996, zdding Florida Statute, Section T75.0833, and
WH~R.E~S, Section 775.0833 of the Florida Statutes provides in tx::xine.'~t part:
'(1) A county may adopt a mandatory cost to be assessed in spezific cases by
incorporating by reference the prov. isions of this sex:don in a county ordinance. Prior
to the adoption of the county ordinance, the sheriWs office of the county must be
a partner in a written Agreement with the Department of Juvenile Justice to
participate in a juvenile assessment center or with the district school board to
participate in a suspension program.
(2)...the court shall assess court costs of $3 per czse, in addition to any other
authorized cost or fine, on every pe."son who, with respect to a charge, indictment,
prosecution commenced, or petition of delinquency fred in that county or circuit,
pleads guilty, nolo contendere to, or is convicted of, or adjudicated delinquent for,
or has an adjudication with.held for, a felony, misdemeanor, or a criminal traffic
offense or handicapped parldng ,violation under state law, or a violation of any
municipal or county ordinance, if the violation constitutes a misdemeanor under state
law."
and;
WI~REAS, the Collier County Juvcnile Justice Council, Inc., through its Juvenile
Assessment Center Advisory Committee, and pursuant to Section IH C. 19. and Appendix 7
the CoLlier County Juve.'xile Justice Council, Inc. Comprehensive Plan approved in December
of 1994.-and amended in July of 1996, and in ,ca~njunction with the State of Florida Department
of Juvenile Justice, District Eight, is developing a Juvenile Assessment Centex program for
Collier County to be located adjacent to the Collier County Jail in the Juvenile Detention Center
to be constructed by thc State of Florida, Del3artment of Juve.n. ile Justice; and
.o. Y
~-'~B 1 I 1997
· W'lirr.~AS, thc Sheriff of Collier Counly is a pa~¢i~t in thc Collicr County luvcnile
Iustice Council luvenile Assessment Center ~dvisory Board; and
WH~, the p~tic.s hereto have r~ucsted the Board of County Commissioners of
Collier County, Florida to authorize thc Collier County Courts through the Colli~r County Clerk
of Courts to impose a mandatory court cosi of Three and 00/100 Dollars ($3.00) per
authorized by and pursuant to Sex:tion TT$.0g.33 of the Florida Statues; and
WKEP, f.,-s, the parties hereto wish to p .mvid¢ for the use and disposition of said funds so
WI-~lz~.s, all parties mutually agree that all obligations stated or implied in this
A§Yr. ement shall be interpreted in light of, and consistent with, governing stale and federal laws;
Now, Ti~I~FoR]i in consideration of ~the following agr~ments, the parties do hereby
covenant and agree to the following:
1. This Agr~mcnt shall be in effect as of tine date the Agreement is signe, xi by the las',
of the parties hereto.
2. Upon and after approval by the Board of County Commissioners of Collier County,
Florida, as provided above, said funds collecte, d by the Collier County Clerk of the
Court pursuant to Section 775.01~33 of thc Florida Statutes and Resolution of the
Board of County Commissioners of Collier County, Florida, will be held in
designated account for said funds to be established by the Collier County Clerk of
Court.
3. Said funds shall be disbursed by ,thc Collier County Clerk of Court to the Collier
County Sheriff for implementation and operational needs of the Collier County
luvenile Assessment Center.
4. Modification of this Agreement shall be m~e only by a written document setting
forth the modifications, signed by all parties hereto.
5. All parties to this Algre~ment acknowledge that this Agreement does not prelude or
preempt each of the partie~ heretc~ individually en~ring into an Agreement with one
or mor~ parties to this Agreement or other parties out.side of lhis Agreement. Such
agreements shall not nulli5/the force and effect of this Agreement.
IN Wrri,,~$ WliIZRIZOF, the parties hereto have set their hands and seals on the day and
ye. ar set forth herein.
STATE OF FLORIDA, DEPARTMEtcr OF
2i. IYE~E IUSTICE, DISTRICT EIGHT
DaU~l: ~ovcmbcr__~ 1996
By:
Edward 'Mike" Buff
District Eight, District Manager
COLLIER COUNTY JUVENILE JUSTICE
COUNCIL, INC.
Dared: November_.._, 1996
Dated: Novcmbcrf,'~, 1996
Dated: November~, 1996
Dated: Novembe:.~., 1996
C~)LLIER COUNTY CLERK OF COURT
cOLLFER COUNTY C~C~ COURT
~~ ~er, Adminls~ve ludge
COLLIER COUNTY SH'ERIFF'S OFFICE
Don~t-J~he~iff
-4-
AGE .'rE
FiB 1 ~ B'37
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3'~
ORDXN~d~CE NO. J7-~
AN ORDINANCE PROVIDING FUNDING FOR THE
JUVENILE ASBESBNENT CENTER ~uND SUSPENSION
PROGR~U~ THROUGH COUNTY DELINQUENCY PREVENTION
FINES PURSUART TO SECTION 77S.0S33, FLORIDA
BTATUTES, AB AHENDED BY CHAPTER 9&-382~ LAWS
OF FLORIDA; PROVIDING FOR A HANDATORY COST OF
TH]tEE DOLLARS ($3.00) TO BE ASSESSED AGAINST
EVERY PERSON CONVICTED OF A VIOLATION OF A
CRININAL STATUTE, A MUNICIPAL OR COUNTY
ORDINANCE~ OR A TRAFFIC OFFENSE IN THE
COUNTY; PROVIDING FOR THE COURT TO ASSESS THE
H~NDATORY COST OF $3.00 ARD THE CLERK OF THE
CIRCUIT COURT TO COLLECT THE MANDATORY COST]
PROVIDING FOR THE COLLECTION OF COSTS AND
DISBURSEMENT OF FUNDS BY THE CLERK TO THE
SHERIFF; PROVIDING THE RESPONSIBILITIES OF
THE SHERIFF; PROVIDING FOR CONFLICT AND
SEVEP. ABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES~ ARD PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County,
Florida, is authorized pursuant to Section 775.08]3, Florida
Statutes, as amended by Chapter 96-382, Laws of Florida, to adopt
a mandatory court cost of three dollars ($].00) per case on every
person who, with respect to a charge, indictment, prosecution
commenced, or petition of delinquency filed in the county or
circuit court, pleads guilty, nolo contendere to, or is convicted
of, or adjudicated delinquent for, or has an adjudication withheld
for, a felony or misdemeanor, or a criminal traffic offense or
handicapped parking violation under state law, or a violation of
any municipa! or county ordinance, if the violation constitutes a
misdemeanor under state law; and
WHEREAS, Section 775.08]3, Florida Statutes, as amended by
Chapter 96-382, Laws of Florida, provides that the Clerk of the
Court shall collect and deposit the assessments collected pursuant
to said Statute in an appropriate, designated account established
by the Clerk, for disbursement to the Sheriff as needed fo= the
implementation and operation of · juvenile assessment center or
suspension program so long as the Sheriff's office is a partner in
the Juvenile assessment center or suspension program; and
AG~. NDA,LT£M,, .
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I WHERE. AS, Section 775.0833, Florida Statutes, as amended by
Chapter 96-382, Laws of Florida requires the Sheriff's Office DE
2
the County to be a partner in a written agreement with the
Department of Juvenile Justice to participate in & Juvenile
assessment center or with the district school board to participate
in a suspension program;.and
WHEREAS, the Sheriff of Collier County is a partner in the
operation of the Juvenile Assessment Center pursuant to Section
39.0471, Florida Statutes, through the written agreement with the
Department of Juvenile Justice, and is a partner in a suspension
program developed in conjunction with the school board of Collier
County; and
WHEREAS, the Clerk of the County and Circuit court is
authorized to collect, deposit and disburse the assessments
collected into and out of the designated account pursuant to
Section 775.0833, Florida Statutes, as amended by Chapter 96-381,
Laws of Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUt~TY
CO~D~ISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Assessment of Court Costs.
The court shall assess court costs of three dollars ($~.00)
per case, in addition to any other authorized cost or fine, on
every person who, with respect to a charge, indictment,
prosecution commenced, or petition o£ delinquency filed in the
county or circuit court, pleads guilty, nolo contendere to, or is
convicted of, or adjudicated delinquent for, or has an
adjudication withheld for, a felony or misdemeanor, or a criminal
traffic offense or handicapped parking violation under state law,
or a violation of any municipal or county ordinance, if the
violation constitutes a misdemeanor under state law.
SECTION TO. Collection of Costs and Disbursement of Funds by the Clerk.
The Clerk of the Circuit Court shall collect the three
dollars ($3.00) court costs assessed by the court and deposit
AGENDA
I 1
those funds in an appropriate, designated account established by
1
the Clerk. Pursuant to Section 775.0833, Florida Statutes, the
2
Clerk shall be entitled to five percent (5%) of the assessments
collected for the costs of administering the collection of
4
assessments. The Clerk shall disburse funds to the Sheriff as
needed for the implementation and operation of the Collier County
6
Juvenile Assessment Center and/or Suspension Programs.
7
BECTION THREE. Responsibilities of the Bheriff.
The Sheriff shall request funds from the Clerk as needed to
support the implementation and operation of the Collier County
10
Juvenile Assessment Center or Suspension Programs. The Sheriff
shall account for all funds that have been deposited into the
12
designated account by August I annually in a written report to the
County Juvenile Justice Council. The sheriff may also deposit any
14
other funds obtained by that office for the implementation or
operations of the Juvenile Assessment Center into the designated
16
account for disbursement to the Sheriff as needed.
17
BECTION FOUR. Conflict and Beverability.
In the event this Ordinance conflicts with any other
19
ordinance of Collier County or other applicable law, the more
20
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
22
competent Jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
25
BECTION FIVE. Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be =ada ·
27
part of the Code of Laws and Ordinances of Collier County,
28
Florida. The sections of the Ordinance may be re,umbered or
29
relettered to accomplish such, and the word "ordinance"
30
changed to "section#, "article", or any other appropriate~z~l.
31
32
1
2
&
?
9
10
11
12
13
16
25
27
28
32
SECTION BIX. Effectfve Date.
This Ordinance shall become effective upon filing this
Ordinance with the Department of State. Collection by the Clerk
of the Court of the $3.00 mandatory court cost as described in
this Ordinance shall commence on February 1, 1997.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this day of
1997.
ATTEST: BOARD OF COUNTY CO~ISSION£RS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
David C. Weige~_~
County Attorney
BY:
TIHOTHY L. HANCOCK,
AGEN
F F. i 11
COLLIER COUNTY JUVENILE ASSESSMENT CENTER
I'ROPOSED S'FAFFING BUDGET
1997- 1998
Annual
Salary
Annual
Fringe
Benefits
SCIlOOL BOARD
ATTENDANCE OFFICER
$ 30,000
$ 8,400
EVALUATION/ASSESSMENT
OFFICER
SUBTOTAL - SCIIOOL BOARD
35,000
65,0OO
9,800
18,200
DAVID LAWRENCE CENTER
2-~ TASC COUNSELORS
52,000
ii,960 [
DEPARTMENT OF JUVENILE JUSTICE
COUNSELOR, 24 HOURS
(= S FTE)
SHERIFF'S OFFICE
1-~ OFFICER, 24 HOURS
( ,, 5 FWD
CENTER COORDINATOR
i~SUPERVISOR
CLERICAL~ATA ENTRY
SUB-TOTAL CENTER
GRAND TOTAL STAFFING:
! 15,000
150,000
38,000
60,000
94,000
22,600
23,000
61,000
$443,000
12,000
34,600
$218.760 ,
Total
Salary/
Benefits
$ 38,400
44,800
$ 83,200
$ 64,000
$175,000
$ 244,000
60,600
35,000
$ 95,600
$661,800
/
a/"I¢7
6.1 ~ckk~j'abudge. tblktv - 1 - .Re_y: .Fe~ ~n. La.~ 6_: !9_97.
COLLIER COUNTY JUVENILE ASSESSMENT CENTER
PROPOSED OPEIG~,TING EXPENSE BUDGET
1997- 1998
ITEM DESCRIPTION
Insurance: Property/Casualty
Insurance: Liability
Supplies (Ofl%e, copy, cleaning)
Maintenance (2,300 sq. ft.)
Equipment/Software Maintenance
Travel/Training
Inspection/Contract Service
Dues/Subscriptions
Pre Employment Costs
Postage
Minor Operating Equipment
Fingerprinting Supplies (Camera, Film,
Cards)
Printing/Supplies (Letterhead, Forms)
Equipment Repair/Maint.
Urine Screens (DSi) Est. N: 2,000
Utilities
TOTAL OPEILa, TING EXPENSES ...2
TOTAL
*Incl
2,000
9,600
4,200
5,000
2,20O
5,000
1,000
1,000
2,000
10,000
5,000
5,000
3,000
30,000
*Incl
$ 85,0O0
**Provided by Department of Juvenile Justice
6. I ~c 'kk~/abudge. tblldv - 2 - Rev. February 6, 1997
COLLIER COUNTY JUVENILE ASSESSMENT CENTER
PROPOSED CAPITAL EXPENSES BUDGET
1997 - 1998
NO. ITEM DESCRII'TION TOTAL
8 Furniture $ 40,000
8 Computers & Printers 40,000
8 Software Network Access *Incl
! Telephone System *Incl
1 Security System/Cameras I 0,000
I Copy Machine/Facsimile Machine 6,000
I Leasehold Improvements 42000
TOTAL CAPITAL EXPENSES $138,000
* Provided by Department of Juvenile Justice
6. i ~c '~l'abudge. tbl~dv - 3 - Rev. Febntary 6. 1997
COLLIER COUNTY JUVENILE ASSESSMENT CENTER
BUDGET SUMMARY
1997 - 1998
EXPENSES
Personnel Staffing
Operating Expenses
Capital Expenses
Total Expenses
FUNDING SOURCES
Collier County School Board
Collier County Sheriff's Office
David Lawrence Center
Department &Juvenile Justice - Naples
Department of Juvenile Justice - State District 8, LBR
Assessment Fee - $3
Total Funding
$ 661,800
85,000
138.000
$884,800
$ 83,200
244,000
76,800
175,000
250,000
56,OO0
$885,000
6. i ~c '~]/abudge. tbf ~v - 4 - Rev. February 6. 1997
ObJeo~:iVSl To have th,:, :'~oard of Coun*::' C:~,n~ni~sioners adopt an
ordinance amending Ordin~.r,.-.:. No. 89-11, ti':.. ~,:.ach and Water Safety
and Vessel Control Ordin~n:.a.
consideration: In 19nO t%.e Board of Cos.-:7 Commissioners adopted
Ordinance No. 89-11, th., ..~;:th and W~te'.'" .... t¥ and Vessel Control
Ordinance. This Ordinate: governed the ~ . ?f personal watercraft
in adjoining waters te ~' neath locat~n .... ' regulated'concession
operatlon~ by privat~ ',.~.'~rn at all ~.., sites. The proposed
ordinance would incroc'~ the distance
operation from 500' offs:...'{ to 750'off.'h '
to bathers. All persc:~ ~ watercraft
installed, quieter th~ . ,..~ stock muff',-
each renter of persona] ',.'~tercraft
initial stipulations
zkereby reducing risk
sba]] havo mufflers
zurrently in u~e, a~d
required to rend and
'~, t:efore each ~e.
~rowth Management:
Re¢o=,=~n(~tion: Staff .: :. cccmr,.endir, c
Commissioner= approve '.' changos :'..~
Ordinance.~//~...
Pre9~ red by: ~~Z.:'
Ga.~ rr~co, F:.~'KS Superlnt~. '
D6p~rtm~nt o .... ~r,is and Rec..,.~.~. n
Reviewed by.'
Ski~ Cam~, Ac~%r~3 Di~e¢ or
Department o(' .:'arks and Recr,~a. :..-,,
the ~oax'd of County
:::t, in the proposed
Date
Revie%,ed by~~.~ ~.~-~% ~ ~""'~ ' '
Thomas W.
Division of
17774
?.Cji-: .;.-zI:{:931 33ag$)laUd AIN3 ~3
t
t
!
I
I
:ho Co111nr Coot:~' '.,.ac)1¢o and
:: ~'le and,
indl. vidual opcr~;,'.:: .'.,: private )at ~.,
operation of pr:':.~, .,~d rental ]~L
CoLlier County ',r.~ .... :f'm, Chat :~a c,::'.~"
ORDI}IA:IC£ ::,.. ' ,
;,~l:/,t:Cl~ A.'4E.qDI:Ie; r..'!'... ' ,:~ Lt.'). W9-11, Z. 9 ]~EIlD~O,
:'!:ACH AND WATER L: .' . ..'ID 'Yl:~4fig~, CCsIgT~O~;n BY
;t%."'~,f. TlO~{9 RE~ARDXtIC {~r.d%,' ', 91' PERgOIIAL CRATER CnAFT~
i';i,:/VT:DI{~ ton COttrLtCT ,, .~' .E"E~AB:I,T'I'Y; AIID ~ROVIDING
2~:'5;CT~VE DATE.
County Ordinar, c,~ :.,, "'~-!t, n~ a~ondad,
't..t,:,: area~ er.d e~,,ctflun
.-- d,~qarou~ cperfl%icn
' ,~haretino b,~thi,wl .~roas
.;:,'-,;,ion o[ l.,t akis itl,bin
.., .::~nreltne tn abate t.~e
.'_~q~a~la e~ot'cament
-.ui,,,mc~ o[ lrreflpon~ible
"h,; vicinity uf
,~r,:rlctton lind of 500
:',~ to the d!ntnnce o~ 750
FEB
some rental ~e~ n.'-:f., Chat tho current be~,.h vendor
be emended.
COMMISSIONERS 07 C ....... T..R COIINTY, PLORIP.;,. ':,.EL:
-1-
~ords Utld~_r_l. ltle_d .--r, ..(:,led; uocd9 ~_~r~,elc :'hr::,lrlh aro ,lelotvd.
ZO'zO
~ ' :;n. 00-:1 le hereby
vee~eL in nxce.~e c: '.~},** e.e, ced prohibited.
~:ion o: alt'/ v~..'.~'~, . ,~ r.h!~C:,l'~(~.~ J~t
idle ~paod, a-', 4-.~.....;; he, re!n, In or' on
loot (500 tcecl n':',,.,:,, :lan al: ~andy
-, ntoa~ La hereby
.::.:L I)o O~ectivn
· , ;.'. ~iqn. buoy o~
(2) J~.:
. .:';,:~jc~rlnq tho !:'r. .. . . or proc. crLy o{ any
(3) '.',:.::-.*; corridors. 'The ;*'. :: ,q:oae of the
: ~;~.',,,t to the bnnch c~c :: ''::,~ ~e ~ feo~ fro~
the .:'c.:'e nay be denl~,. ~;.,: .'~ ~cinq exclu~kveLy
fcc' ..r,:,:6t uge het~eet~ d... ..r,.~ gu~k dally:
T:~oe ateaa et T[C'~"'.., ';,~r.~etb[lt Oeach and
,"~n Paoa County ?,:'. ~.~ ouch othe¢ park;
(4) Uc..:~. :aunch O: ,Jeene~r. r'~j:~:~L~?~, NO pernoh
e'¢co~: a taw cnCorco~en~ .>f~t:~,,t', authorized
cn.33~J in a reaCue aC:a~'F: .:haL[ :raveree the
baac~t '~ith a motorized ho.m': ~ ~o~ aki~ ~
la,,r,.:h auclt vaage/ fro~ tr.,. heath fro~ an
uc,tu:horized launching
500 Cnnt from the adqe o( oho beach directly on tho
Cut f.
C:~oc than 500 ~QQ[ ~t~.,:,-]l':u]ar from ~he
ed~je t,hero bmthera are ~r,~.:u=,L except to
~ordm ~~,~ ,'~ ,' added I ~orde ~r*t~;:' t~h .ace deleted.
FEB I I tq9l
~O'd 910'oh G.?:S[ ZS'ZO [m ''' ' EOuI--'--'.~.'--i!E:931 33~3S'92Ud ,~IHD ~3.
7
8
U
'7
',9
:0
(?)
r. ctct ;:c.;I '...ese] or Sallcl':~::. ;.'IL:lin an area
t,a:. z .... '.;(,4ri}, marked b7 '. ,. or &ore other
wT:~(';. ~ =:,u, oLhu~Juo ~'o~; I:'Le~ b~' the County,
.... · ur .~l. prov, th,... .,.J o~ an7 vo3=ol or
Ga~lcraft tn e>'ce~, :;' t~.~L ~'~lch l~ ~e~w:...;:lu ,md proper under
PrO'/lelone of · . af t~la Ordir~r.,...
;.'fy patrolle~ r;..y',~ta, ;,poed trisl or
·-.' 'q'-z;atlnq tmdez , :';~ncy condltJon~
' "';~,:'l~Od while Ct.' . ."t. lr, 90ffiCiRl dtitiel
: ::chin9 veuael~ . .. c'=;o~ptod ~'hilo
.'1 ::ch netting ~r..:.,~Jc, na, provided
.. are conduc:ea ~r, c ~a~e and prudent
in accordance t.'!th :;Potion ~lX
:,c.-.~ not to exceed ;',u~;~neb2e ~peed under
hu'-,.. :,.:elk connorclal : vos~ols De
· ~.e upeed within five
h,Jr;i:'c-, f,?.~ (500 feo~) o~ b;,~hcro.
~CCT[OI; ~0: A;:..~:.':; '...:; zo Sect[on Sove;~ ,:7 Colltor County
· e. Ccant7 0rdi~:,,nce I~o. eg-ll la
hereby a~onded to r.ad au fellows:
County's bench er~,:~ .~.J cf the public that recreate on the beach
A. Beach v~n.:;, l'~.r~Jt 3lequ~emen:. Any ~eraon engaged
tho z'o~tal, leu;;Ir.:/ ';:~ent for cons!d¢;',.:iun, or o~lte~fse
-3-
---Agenda
FEB 11 997
na~nta~nod upon th:, .:~.:~cant P~ylng Ouch n:'i, I Cc~t~en ~eo
the following rerir.;.....
hendq~:~:t~: ~=n~ed at a )~n~-i..r.~.cd ]ocatJon with
dtrhct .:... · :; ;.o tho beech ~lt
(2) '.at ),eve and ~,~.,. ,: G tet~phor, o or
. :'.m(= radio [n Or,,-,.
:;~t,: dt, t'Lng all
(41
(s)
hh'/e ,qn~ r,,'.J:;t:,. :
?~ortda vessel :'..:.(.ira:ton number o~
placed :~ ,...-e tot l)~,bZ~C use
:::,:;%1 p:'ovid~ p;'c;.. ./- h~v~.ng .'.J. ninal!y
'~'~ Il,to */or.t. ~'U~' bt,.'/, o~:c'uJJar~t upaco on
· ",sG~.r, to be o~:orv,~ :.>r publ:c u~o t,ndoz-
Sect~.-. ~ thle Ordinance,.
1Lc~n~.e for JL.~ : ,-: office retiuJ.~l*...~ muh~.- Section Sovon o:
thio Ordinance. T. '..,t,~ln att occ~,patioa,~.~ L~cvmme, the h~p~.lcant
taunt provide proo~ '.: :,~'/[:~ a cur=ant, '.'~.; LK Ueach Vondor,i
Permit.
Ueach '/r,,~:.: t'et'~ttteo/Veoset Us~:' :.eVtt/a:[one
(3) T~c =.',~:n, or opernt. Jon of ,. =o=orJ~e~ veaeei
~u~j...:. ,.~ tho provtslona o~ Sc'orion Seven og thta
Orr::~:~,.-,~ la prohibited to cn/ona unde~ e[xteen
(36/ ;~.,~, of age except fat t:]otme chJJdren between
irc, l,;,, (12) ef)d (lO) yoRt'~ ,)~ C~o who may operate
· uc~ '.':.~el provJde~ [hat t~n chJ}d~a pace~ o~ a~
aclu;:. ~'-P,,cviaot- over the ~.~ ,:,~ twenty-one (Zl)
yoe:'~..'F'crctca another ouch '.'~.=01 to accompany tho
-Agenda
NO · ~..L~
F E a ! 1
J
%
I
t
$
ill
I
!
f
for r...~,,., c.~ r:~neT'e '~cr~h
o~or:.~ ;~.. ,: ]i~a vo~t. ~hilfl ~..'~I or havlnci Guch
ve~.~. :,,(' ',.'~tor, and Il' t,, ~. violation of I'hl~
~?r ~r,y r, uch pel'o~4,~:,~ 'l~ir~t~ ~t~ch v~uu~l
not ~ a lifo '/oct o~1
[~ :" ' } ~' ~ ..... L~._-~'.~
~I: ;.. ' · '
t~'.: · , .... , - .
--..'- ''11~ 'r,'l,. ·
., ....... ~~,., .:..~ , ....
. .~re.~ce~r,~l~%u:..:,: :,: ~;~~
:-* : '~.%U~i~j.,..,;.:.~ tho
In thc even', t.,;.. 3:'4lnance conlllct~ ~.'!th a~l{' Othor
Oralnance o~ Colli,r '3!:~1~y or other appllc,.blo la~, the more
restrictive ohall ,-,~.~ .y. '{ any phr~ue ,,r i':.:tlol~ o~ tho
Ordinance Is hula ir:v,:, i~ or unuonetitutior.,,] by any court of
~f[eCC tho va)jdjtZ ~ L;,,~ :u~al~,lnO port~r,,~.
~;orde ~nderl[~ e:'~ :;:d(,4: ~:ordn ~;h:c~:~i~ arq doloted.
-' -Agendm ~ te~m,.J
FEB
Pg,~
Agenda
JA
por~ oF tho C~C. ~j' ;. '~ :~r~: ~ce~ o~ ' ~ ~:' co'J~,
r~lett~r~ to ~eo~r.z.. :, ~. ,,uch, af*~ tho ~'or~: "~,rdlnanco', m~ bo
chanqod to
Or~lnence vlth C15c L... :::. lst o~ ~tate.
Collier Coun~ y,
ATTrST: :'3At:!, ' ,' ~' ('.'a:.'H: .qS ! O:I~R~
F;.:IGIIT E. ltROCI;. L; CF 3,'1. '..;'.:'1'%', FLORIDa,
wot'de .~D.d.~../..h~=d n,'r d.e;J.::t; ~ordG struck'-thr~,¢:h are
I I
I FEB {I {997 I
ORDINANCE NO. 97-
AN ORDINANCE AMENDING ORDINANCE NO.
89-I 1, AS AMENDED, "TILE BEACII AND WATER
SAFETY AND VESSEl., CONTROL ORDINANCE"
BY AMENDING SECTION SIX, VESSEL
REGULATION, TO INCREASE TIlE AREA OF
SPEED RESTRICTION ON ,IET SKIS FROM 500
FEET OFFSIIORE TO 750 FEET OFFSHORE;
ALSO AMENDING SECTION SEVEN:
REGULATION OF CONCESSION OPERATIONS,
EQUIPMENT RENTALS AND VENDORS ON THE
BEACH AND ADJOINING WATERS, TO ADD
ADDITIONAL REGULATIONS REGARDING ALL
VESSELS PROPELLED BY MOTORS RATED AT
TEN tlORSEPOWER OR GREATER; PROVIDING
FOR INCLUSION INTO TIlE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WtlEREAS, Collier County Ordinance No. 89-I I, as amended, prohibits
the operation of jet skis within a distance of .500 feet from the Collier County
beacbes and shoreline bathing areas and specifics requirements for rental of jet
skis in those areas; and
WHEREAS, recent irresponsible and sometimes dangerous operation of
privately owned jet skis and, in some instances, rental jet skis, at a distance of 500
feet from the beaches and shoreline bathing areas have become an unacceptable
and recurring nuisance to bathers and landowners in those areas; and,
WHEREAS, it is now apparent that operation of jet skis within 500 feet of
the shoreline is too close to the shoreline to abate the nuisance aspects of the
irresponsible operation ofjet skis; and
WHEREAS, there are unacceptable and unavoidable enforcement problems
regarding enforcemenl of ordinance prohibitions against individual operators of
private jet skis; and
WHEREAS, it is necessary to abate the nuisance of irresponsible operation
&private and rental jet skis in the vicinity of the Collier County shoreline, that the
current restriction line of 500 feet from the shoreline must be moved seaward to
the distance of 750 feet &the shoreline; and
WHEREAS, notwithstanding the good faith efforts of most renters &jet
skis to eliminate irresponsible operation of rental jet skis by their customers, it is
!
Words underlined are added; v. ords ........ t~rct:g~ are deleted.
necessary to abate the nuisance of irresponsible operation of some rental jet skis,
that the current beach vendor permittee regulations applicable to the individual
operators of rental jet skis be amended to include additional age and safety
regulations; and
WilEREAS, personal watercraft, by virtue of their size, speed,
maneuverability, noise type and level, and their increasing numbers, present
special problems affecting other boaters, bathers, and the general public health,
safety and welfare, which special problems have been recognized recently by the
Florida Legislature as evidenced by recent amendments to Chapter 327, Florida
Statutes, imposing additional regulations affecting personal watercraft.
NOW THEREFORE, BE IT ORDAINED BY TIlE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO SECTION SIX OF COLLIER
COUNTY ORDINANCE NO. 89-11, AS AMENDED.
Section Six of Collier County Ordinance No. 89-1 I, as amended, is hereby
amended to read as follows:
SECTION SIX: VESSEL REGULATION
A. Operation ofvessel in excess of idle speed prohibited.
I. The operation of any vessel, or sailcraft, in excess of idle
speed, as defined herein, in or on all waters of the Gulf of
Mexico within five hundred feet (500 feet) offshore from all
sandy beaches and shorefront bathing areas is hereby
prohibited. Said prohibition shall be effective and enforceable
regardless of whether or not such area is designated by
appropriate sign, buoy or other public notice.
2. Jet ski regulation. No person shall operate a jet ski:
aD
closer than -500 750 feet perpendicular from the water's
edge except to go to and from the shore or except in a
vessel corridor designated under subsection (3) hereof,
nor si:all proceed to or from that portion of the Gulf
beyond 500 feet at a speed greater than merely necessary
to effectively traverse the breaking water,
distances from 500 feet to 750 feet from the shore, at any
safe speed under the then existing conditions, but not to
exceed 20 miles per hour; or
Words underlined are added; words g:.~:ck :~r=t:g~ are deleted.
Bo
b.
in an unsafe, reckless or careless manner endangering Ibc
life, limb, or property of'any person.
Vessel corridors. The following areas of thc Gulf adjacent to
thc beach closer than -500 750 fcct from thc shore may bc
designated as being exclusively for vessel usc hctwccn daxvn
and dusk daily:
ao
Those areas of Tigcrtail, Vandcrbilt Beach and Clam
Pass County Parks and such other parks and areas
designated and posted by the County Parks and
Recreation Department as vessel corridors or use areas.
o
Beach launch of vessels regulated. No person except a law
enforcement officer, licensed beach vendor, authorized
emergency personnel, or other person actually engaged itl a ·
rescue attempt shall traverse the beach with a motorized boat or
jet ski aml or launch such vessel from the beach from an
unauthorized launching area. A licensed beach vendor's
location is an authorized launch site for that vendor's
equipment. '
o
Water Skiing. No person(s) including the skier(s) (anyone
being towed on a line behind a vessel) and the vessel
operator(s) shall water ski closer than 500 feet from thc edge of
the beach directly on the Gulf.
o
Sailcraft, including sailboats, windsurfboards, and saiiboards.
No person shall operate a sailcraft closer than 500 feet
perpendicular from the water's edge where bathers arc present
except to go to and from the shore by the most direct means
possible in a safe and reasonable manner.
Regulated areas. No person shall operate a motorized vessel or
sailcraft within an area which has been clearly marked by
buoys or some other distinguishing device for bathing,
swimming or which has been other,vise restricted by the
County, provided that this subsection shall not apply in the
case of an emergency or to a patrol or rescue craft.
Vessel speed not to exceed reasonable speed under existing
conditions. Nothing contained in this Ordinance shall be construed to
authorize or approve the speed of any vessel or sailcraft in excess of'
that which is reasonable and proper under the existing conditions or
circumstances including, but not limited to, thc presence of water
skiers, bathers, fishermen, natural hazards or other water traffic.
3
Words un(Icrlincd arc added; words ::.'"ack through nrc deleted.
Exemptions. The following shall be exempted from the provisions of
Section Six &this Ordinance.
I. The provisions of this Ordinance shall not be construed to
prohibit the operation, racing or exhibition of vessels or
sailcraft during a publicly announced, properly authorized,
supervised and adequately patrolled regatta, speed trial or
exhibition.
The operators of Law Enforcement or rescue vessels or vessels
operating under emergency conditions shall be exempted while
conducting official duties or operating under emergency
conditions.
Commercial fishing vessels are exempted while conducting
fish netting operations, provided the operations are conducted ·
in a safe and prudent manner and in accordance with Section
Six (B), Vessel speed not to exceed reasonable speed under
existing conditions. Under no circumstances, however, shall
commercial fishing vessels be operated at greater than idle
speed within five hundred feet (500 feet) &bathers.
SECTION TWO:AMENDMENTS TO SECTION SEVEN OF COLLIER
COUNTY ORDINANCE NO. 89-11, AS AMENDED.
Section Seven of Collier County Ordinance No. 89-11, as amended, is
hereby amended to read as follows:
SECTION SEVEN:
REGULATION OF CONCESSION OPERATIONS,
EQUIPMENT RENTALS AND VENDORS ON THE
BEACtl AND ADJOINING WATERS
The safety and welfare of thc persons that reside nearby the County's beach
areas and of the public that recreate on the beach and adjoining waters makes
necessary and appropriate the following regulations:
A. Beach Vendor Permit Requirement. Any person engaged in the
rental, leasing, bailment for consideration, or otherwise providing
transportation for remuneration, of motorized or wind-driven
vessel(s) for use by the public on the beach or adjoining waters of
Collier County, including jet skis and sailcraft, shall be required to
obtain a "Beach Vendor Permit" from the County. A Beach Vendor
Permit shall issue and be maintained upon the applicant paying such
4
Words underlined are added; words .':truck t~rcl:gh arc dclclcd.
application fee theretbr as established by the County by resolution
and meeting the following requirements:
I. The applicant must have an operations office or headquarters
located at a land-based location with direct access to the beach
in thc immediate area where the vessels are being provided for
public usc.
The applicant must have and maintain a telephone or marine
radio at ils land-based operations office.
The applicant must have a motorized chase boat with
operational marine radio in good running condition that meets
all U.S. Coast Guard safety requirements kept at vessel rental
site during all hours of applicant's rental operations.
The applicant must have and maintain comprehensive general
liability insurance with coverage not less than thc amount of
$500,000.00 combined Single Limits.
The applicant shall provide a list describing and indicatinig the
Florida vessel registration number of each motorized vessel
applicant shall place in service. Any motorized vessel placed
in sen, ice for public use after a Beach Vendor's Permit has
been issued shall have a Florida vessel registration number
affixed thereon.
o
The applicant shall provide proof of having minimally one
operational life vest for each occupant space on each of the
vessels to be offered for public use under Section Seven of this
Ordinance.
The applicant is required to obtain a County occupational license for its
operations office required under Section Seven of this Ordinance. To obtain an
occupational license, the applicant must provide proof of having a current, valid
Beach Vendor's Permit.
Bo
Regulations:
Beach Vendor Pcrmittee/Vcssel User Regulations/~
Operator Age Restrictions Applicable to Operation of All
Vessels With 10 Horsepower or Greater. As required by
subsection 327.395. Florida Statutes. until October I. 2001, th~
rental to or operation of a motorized vessel .~
............ on powered by a motor of 10
horsepower or greater is prohibited to anyone mtd~44~
ag~ bom after September 30. 1980. and on or after October 1
2001, a person 21 years of age or younger, unless that r~erson
has in his/her possession aboard the vessel photo_m'aphie
identification and a boater safety identification card issued
5
Words underlined are added; words g'~n:ek t~reug~ are deleted.
pursuant to subsection 327.395. Florida Statttes. or except such
· ' ............... a .......age who
..... ~ ,,~ ..................... ~ ................... is at least 16 years
age and the Clfi]'J's person's parent, or a n ~ supen, isor
aecemFany Iht ehil~~~ 18 years of age or
older who is either exempt from the requirements of subsection
327.395. FIorMa Statutes. or has a valid boater safety
identification card issued pursuant to that subsection,
accom~nics that pcrson during operation of the vessel and
assumes all responsibility for each operation violation that may
occur during that opcration of lhat vessel, It shall bca
violation of this section for any person to rent, lease, or
othenvise provide for money or ...... ' ..... ~, olher
consideration a motorized vehicle to anyone except as provided
herein. -
The renter, user, passenger of or on any vcssel described in
Scction Seven shall have on board an operational life vest
while using or having such vessel in thc water, and it is a
violation of this Ordinance for any such pcrson(s) using'such
vessel not to have a life vest on board.
Pre-Ride Safety Instructions. Each live_fy must also provide
pre-ride boater safety instruction and safety information to each
person who rents a vessel powered by a motor rated at I0
horscpowcr or greater.
Display of Rental Jrt Ski Speed Limit Information. Each rental
jet ski must conspicuously display thc special speed limit
.instructions that apply within all the respective distances from
the shore. The speed instructions must be easily visible to the
operator of the rental jet ski when thc operator is in the
operating position on thejet ski.
Mufflers on Rental Jet Skis. Each rental jet ski must always
operate with stock mufflers or with mufflers that are quieter
than stock mufflers.
Each rentcr_.of_a_jet ski__must read_and initial_Jhat_he/sh~
understands the speed and operation restrictions placed upon
operation of jet skis by this Section and/or by Chapter 327.
Florida Statutes.
Rental Jet Ski Identification Markings. Each rental_iet ski must
display identifying letters and/or numbers that identify the
specific jet ski. Each identification numbcr and/or letter,
trademark, logo. and/or company name must be at least four (4)
inches in height and must contrast with its background color so
as to be easily visible at a disthnce of 250 feet by a person with
6
Words underlirled arc added; ~vords ........ :l:r,~ug!~ are deleted.
Use of Vessel Corridors by Rental Jet Skis. Each rental jet ski
must use a vessel corridor whenever a corridor is available.
Maximum allowable speed in the corridor within 500 feet of
lhe shore is the slowest speed at which thc operator can
effectively control Ihe jet ski and be able to transverse the
breaking water, and at all distances from 500 feet to 750 feet
from the shore, operate at any safe speed, but not to exceed
twenty (20) miles per hour.
Safe Operation of Jet Skis. All jet ski must be operated in a
reasonable and prudent manner at all times. Maneuvers which
unreasonably or tmllecessarily endanger life. limb, or property,
including weaving through congested vessel traffic, jumping
the wake of another vessel unreasonably or unnecessarily close
to such vessel or when visibility around such vessel iS
obstructed, or swerving at the last moment to avoid collisi'on ·
constitute reckless operation. Jet skis are not limited to vessels
that have one (1) or two (2) occupants.
SECTION TIIREE: CONFLICT AND SEVERABILITY ,
In the event this Ordinance conflicts with any other ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or
portion of the Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR:
INCLUSION INTO TIlE CODE OF LAWS AND
ORDINANCES
The provisions of this Ordinance shall become and be made a part of the
Code of Laws and Ordinances of Collier County, Florida. The sections of the
Ordinance may be renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of
State.
7
Words underlined are added; words '.,track :~rm:g~ are deleted.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this day of
1997.
ATTEST:
DWIGHT BROCK, CI.ERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
TIMOTHY L. HANCOCK, CHAIRMAN
App_.~d as to form and legal sufficiency:
Thomas C. Palmer
Assistant County Attorney
h:~rdinanccs\OT~jc~sk mrdqcp
8
Words underlined are added; words :track :~rm:gh are deleted.
~EXECUTIVE SUMMARY
PETITION AV 96-025, BURT L. SAUNDERS AS AGENT FOR OWNER, MARK WOODWARD, TRUSTEE,
REQUESTING VACATION OF A PORTION OF ROAD RIGHT-OF-WAY AS SHOWN ON A STATE ROAD
45 RIGHT-OF-WAY MAP RECORDED IN ROAD PLAT BOOK 2, PAGE 112, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
~: To obtain Board approval of Ihe Resolution for the vacation to allow property to be combined
with an adjacent parcel in a future PUD.
CONSIDERATION,~.: A petition was received by the Transportation department from Butt L. Saunders as
agent for owner, Mark Woodward, Trustee, requesting the vacation of the public interest to ingress/egress
over a small triangular shaped portion of right-of-way for State Road 45, also known as the Tamiami Trail,
located on the southeast quadrant of the intersection with Wiggins Pass Road. The original road alignment
was altered, creating the corridor known as Old U.S. 41 inlo Bonita Springs. The State Road 45 was
functionally reclassified as a County Road and conveyed to Collier County as recorded in Road Plat Book 2,
Page 112. The proposed vacation area south of Wiggins Pass Road, as shown on the atlached maps, has no
reasonably foreseeable public need. The petitioner is requesting lhe vacation of the public's right Io
ingress/egress only and all easement rights are to be retained. The Petitioner desires to include the property
of the proposed vacation with the adjacent parcel when applying for a PUD to clarify ownership. The
petilioner has filed the petition pursuant to Section 338.09, Flodda Statutes, and is requesting the requirement
of evidence of paid taxes (for the roadway) be considered waived. Letters of No Objection have been
received from all pertinent utility companies, Collier County Engineering Review, Utilities, Planning Services,
Stormwater Management. Sheriff. and North Naples Fire Control & Rescue District. The Transportation
Department has reviewed Ihe pelition and has no objection, subject Io recognition that right-of-way area of
1,255 square feet is isolated by Wiggins Pass Road and 6-1aning Plans for U.S. 41 shall require use as a
drainage easement. Zoning is C-2.
FISCAL IMPACT: None at this time.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board of County Commissioners approve Ihe Resolution for Petition AY 96-
025 to vacate the above-described road right-of-way, authorize the execution of the Resolution for the
vacation of same by its Chairman, direct the Clerk Io advertise the adoption of the Resolution within 30 days,
and record the Resolution, proof of publication of Ihe notice of the public hearing, and proof of publication of
the notice of adoption in the Public Records and make the appropriate marginal notes on the road plat and
direct the Clerk Io record_.a..~rtified copy of the Resolution in the Public Records.
PREPARED BY~__ ~~1 DATE: /- '7-
PREPAR ED By~~~~~~'~ ~ G. F. Archibald, P.E., Transportation Director
REVIEWED
BY:Rayr0Ond W. Miller, P.E., Acting Public
RDMIGFA/mld121996/ES AV 96-025.doc
Attachment(s)
1 RESOLUTION NO.
2
3 RESOLUTION FOR PETITION AV 96-025 TO VACATE A PORTION OF
4 ROAD RIGHT-OF-WAY ON A PORTION OF STATE ROAD 4.5 AS
5 SHOWN ON THE RIGHT-OF-WAY MAP RECOROED IN ROAD PLAT
6 BOOK 2. PAGE 112, OF THE PUBLIC RECORDS OF COLLIER
7 COUNTY. FLORIDA.
8
9 WHEREAS, pursuant lo Sections 335,09 end 336.10, Florida Statutes, Bu~t L. Saunders as agenl for
10 owTler, Mark Woodward, Trustee, does hereby request Ihe vacation of a portion of road righl.of-way located
11 on a portion of the State road 45 Right.of.way Map ss recorded in Road Plat Book 2, Page 112. of the Public
12 Records of Collier County, Florida; and
13 WHEREAS, Ihe Board has this clay held a public hearing to consider vacating a portion of said road
14 rlghl-of-way as more fully described below, and nolice of said public hearing to vacate was given as required
15 by law; and
16 WHEREAS, Ihe granting of the vacation shall Only affect lhe public right Io ingress/egress and
17 other easement nghts shall be retained~ and
18 WHEREAS, Ihe granling of Ihe vacabon will not adversely affect the ownership or righl of convenient
lg access of other property owners; and
20 WHEREAS. Ihe vacation of Ihe Inangular shaped potlion of the t 50-foot road right-of-way Iocaled on
21 a portion of lhe State Road 45 Righl-of-way Map, as recorded in Road Plal book 2. Page 112. of the Public
22 Records of Collier County. Florida. would benefit the general public welfare and is in the best interest of
2:3 public in Ihe following particulars:
24 1. Petitioner intends to apply for a Planned Unil Developmenl for the overall parcel and must clarify
2.5 ownership of lhe prol:)osed vacation area,
26 NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
27 COLLIER COUNTY, FLORIDA. thai the following be end is hereby vacated:
28 See Exhibit 'A° attached herald and incoq:~oraled herein.
29 BE IT FURTHER RESOLVED. that the County reserves unto Itself an easement for Ihe installation.
30 maintenance and operation of drain,~ge and utility facililies.
:31 BE IT FURTHER RESOLVED. that Ihe Clerk is hereby directed to advertise the adoption of this
:32 Resolution OnCe in I paper of general circulation in the County v~lhin 30 days foflowtng its adoption.
33 BE IT FURTHER RESOLVED, that the Cle~ is hereby directed to record a certified copy of this
34 Resolution. Ihe pcoof of publication of Ihe nolice of public hearing, and Ihe proof of publication of Ihe notice of
35 adoption of this Resolution in Ihe Public Records of Collier County, Florida, and to make p~pet' notations of
37
38
39
40
41 BY:,
42
43
44
45
46
47
48
49
50
51
this vacation on said plat.
DATED:
ATrEST:
DWIGHT E. BROCK. Clerk
Approved as to form and legal
sufficiency
Asslslant Collier Counly Atlomey
RDM/mk/12059~96/Res AV 96-02S doc
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Chairman
HOLE, MONTES & ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
Preserving and enhancing Florida's quality of life since 1966
HMA FILE NO. 95.27
REF. DWG. NO. B-1885
6111/96
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER, COUNTY FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 15.
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH
89'55'05' EAST, AONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15.
FOR A DISTANCE OF 14.59 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
STATE ROAD NO. 45, A 200.00 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE STATE
OF FLORIDA, DEPARTMENT OF TRANSPORTATION, RIGHT-OF-WAY MAP FOR STATE ROAD NO.
45, COLLIER COUNTY, SECTION 03010-2519, SHEET 2; THENCE RUN SOUTH 1°00'30. EAST,
ALONG THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 45 (SECTION 03010-2519).
FOR A DISTANCE OF 30.01 FEET TO A POINT 30.00 FEET SOUTHERLY OF, AS MEASURED AT
RIGHT ANGLES TO, THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15.
AND THE pOINT OF I~I~GINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINE SOUTH 01'00'30' EAST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD
NO. 45 (SECTION 03010-2519), FOR A DISTANCE OF 167.41 FEET TO A POINT OF INTERSECTION
WITH THE EASTERLY RIGHT-OF-WAY LINE OF OLD STATE ROAD NO. 45, A 150.00 FOOT RIGHT-
OF-WAY, AS THE SAME IS SHOWN ON THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, RIGHT-OF-WAY MAP FOR STATE ROAD NO. 45, SECTION 0301-250, SHEET
3, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, WHOSE
RADIUS POINT BEARS SOUTH 86*26'44' EAST, A DISTANCE OF 5679.65 FEET THEREFROM;
THENCE RUN NORTHERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF OLD STATE ROAD
NO. 45 (SECTION 0301-250) AND ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A
RADIUS OF 5679.65 FEET, THROUGH A CENTRAL ANGLE OF 01'41'36', SUBTENDED BY A
CHORD OF 167.85 FEET AT A BEARING OF NORTH 04'24'04' EAST, FOR A DISTANCE OF 167.86
FEET TO A POINT 30.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE
NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE RUN NORTH
89'55'05' WEST, PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 15. FOR A DISTANCE OF 15.83 FEET TO THE pQINT OF BE~GINNING. CONTAINING
1255.1 SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS, SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF
RECORD.
BEARINGS REFER TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 15,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH
89'55'05' EAST.
HOLE, MONTES AND ASSOCIATES, INC.
THOMAS J. gAI~RIS
P.L.S. #3741
STATE OF FLORIDA
105~O ABERNATHY STREET BONITA SPRINGS FLORIDA 33923 941.992~795 FAX 94t.gg2.2327
PETITION FOR VACATION OF
~ORD RIGHTS-OF-WAY
Date Received:
Petitioner:
Address:
City/State:
Agent:
Address:
City/State:
Mark Woodward, Trustee
801 Laurel Oak Drive, Ste. 640
Naples, Florida
Burr L. Saunders
801 Laurel Oak Drive, Ste. 640
Naples, Florida
Petition #:AV-
Telephone: 566-3131
Zip Code: 34108
Telephone: 566-3131
Zip Code: 34108
Road Name:
Location:
A portion of State Road #45
Section 15, SW 1/4 Township 48 S Range 25 E
Legal Description:
SEE ATTACHED CERTIFIED LEGAL DESCRIPTION AND
DIAGRAM
Reason for Request: The original road alignment was altered, resulting
in there being no reasonably foreseeable public
need for the.small triangular shaped portion of
right-of-way described herein. The Petitioner is
Trustee for the owners of all of the land
surrounding this small triangular shaped parcel.
Petitioner is desirous of applying to the County
for a Planned Unit Development for the overall
parcel and must clarify the ownership of this
triangular parcel prior to making the application.
Petitioner is not requesting the vacation of any
easements that may currently exist in reference to
this parcel.
Current Zoning: C-2 Does this affect density? No
I Hereby Authorize Agent Above to Represent Me for this Petition:
Yes ~ No
Sigriature of Petitioner
Date
~ark J. Woodward
Print Name
Trustee
(Title)
LIST oF BENEFICIARIES
The beneficiaries of the Trust wherein Mark J. Woodward serves
as Trustee, and as Trustee is applying to vacate a right-of-way on
a portion of State Road #45, located at Section 15, SW 1/4 Township
48 S Range 25 E, are as follows:
Southern Gulf Properties, Inc.
Johannes Becket
/
BONITA
,,.
U JOU,I
BONITA
LEE COUNT~
COUJER COUNTY
BONITA
BONITA
SPRINGS
Sn'F.. oF
*"ll'f ¥ J. IR~I I'1¥,1.
COI.IIER COUNTY
GOVERNMENT
pUBLIC WORKS DIVISION
August 26, 1996
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 732-2575
FAX (941) 732-2526
A C£KTIIqED ~,LU~. C~IP
Woodard, Pires & Lombardo, P.A.
801 Laurel Oak Dr., Suite 640
Naples, Florida 34108
Attention: Burr Saunders
Vacation of Road Right-of-Way adjacent to the S.E. comer of the intersection of
Wiggins Pass Road and U.S. 41.
Dear Sirs:
This office has reviewed your request to vacate the above referenced Road Right-of Way.
The Collier County Stormwater Department has no objection to the Vacation of the Road
Rights-of-Way adjacent to the S.E. intersection of Wiggins Pass Road and U.S. 41 as
requested in your Memorandum to the Stormwater Mgmt. Dept. dated August 8, 1996.
The Stormwater Department stipulates however, that we retain ali existing drainage
easement rights along said Right-of-Way.
If you have any questions please feel free to contact me at 732-2501.
Since~y,
Bruce W. McNall
Stormwater Management Coordinator
CC;
Thomas Com'ecode, P.E., Public Works Administrator
John Boldt, P.E., P.L.S., Stormwater Management Director
COllIER COUNTY GOVERNMENT
PUBLIC WORKS DIVISION
September 6, 1996
Mr. Burt L. Saunders
Woodward, Pires & Lombardo, P.A.
801 Laurel Oak Drive, Suite 640
Naples, FL 34108
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(94 I) 732-2575
FAX (941) 732-2526
A CERTIFIED BLUE CHIP COMMLrglTY
Re: Proposed Vacation of Road Rights-of-Way;
SW 1/4 of Section 15, Township 49 South, Range 25 East
Dear Mr. Saunders:
This office has reviewed your request to vacate the above referenced
road right-of-way.
The Collier County Water-Sewer District has existing water facilities
in the area. We have no objection to the vacation of the public
ingress/egress rights, providing that all Collier County utility
rights remain in place.
Should you have any further questions, please feel free to contact me
Sincerely,
Cindy M. Erb
Public Works Senior Engineering Technician
cc:
Edward N. Finn, Public Works Operations Director
Michael Newman, Water Director
Russ Muller, Transportation Services
COLLIER COUNTY GOVERNMENT
COMMUNITY' DEVELOPMENT AND ENVIRONMENTAL
SERVICES DIVISION
B~ilding Rtvicw and Permitting (94D 643-8400
Code Enforcement (941) 64~-8440
H~siflg and Urban Impro~mcnt (94 l) 64~-8~0
Natural ~urces (941) 732-2505
Planning ~n. ke~ (94D 643-83~
~Uution ~ntr~ (941) 732.2502
2800 Ni HORSESHOE DRIVE
NAPLES, FL 34104
^ CE~T~F'EZ~ B'Ut C~P CO~U~u~rn'
August 20, 1996
Mr. Bun L. Saunders
Woodward, Piers 8,: Lombardo, P.A.
801 Laurel Oak Drive
Suite 640
Naples, Florida 34108
RE: Vacation of road right-of-way in the Vicinity of U.S. 41 and Wiggins Pass Road
Dear Mr. Saunders:
This letter is in response to your request for a letter of no objection to the vacation of the
road right-of-way in the Vicinity of U.S. 41 and Wiggins Pass Road and further
described in the legal description contained in your letter of August 8, 1996. Please note
that this review is from a planning standpoint only.
From the information provided, it appears that the proposed right-of-way will not
adversely impact traffic circulation or other planning issues. As a result, the Current
Planning Staff has no objection to the above referenced right-of-way vacation.
if you have any questions concerning this muuer, pleas~ do noi hesitate to contact my
office at 643-8469.
Researched and prepared by:
Reviewed By:
Roben Mulhere, Current Planning Manager
COLLIER COUNTY GOVERNMENT
COMMU_.~NITY DEVELOPMENT AND ENVIRONMENTAL
SERVICES DIVISION
Building R~vie,~' and l~rmitting (941) 643-8400
C, odt Enforcement O41) 643-8440
Housing and Urban Impro~mem (941 ) 64~-g~30
Natural ~urces 194 i ) 7 ~2-2505
~anning ~'~e~ (94 i } 643-83~
~Hut~n ~nttol {941) 7~2-2502
Woodw~d, Pires ~ Lombardo, P.A.
801 ~el O~ Drive, Suit~ 640
Naples, FL. 34108
Attn: Burr Saunders
2800 N. HORSESHOE DRIVE
NAPLES, FL 34104
A c£~tmo ~tu£ c.tP co~uxm'
October 3, 1996
RE: Vacation of Right-of-Way adjacent to the S.E. comer Wiggins Pass Road and U.S. 41
Dear Sirs:
We have reviewed the proposed vacation as noted above and have No Objection to said vacation.
IfI can be of any further assistance to you in this regard, please let me 'know.
Sincerely,
John R. Houldsworth
Senior Engineer
cc: Russ Muller, Transportation Services
Collier County Govt. Complex Bldg. - J
3301 Tamiami Tr.~il, East, Naples, FI 33962
Telephone (AC 813) 774-4434
August 23, 1996
Honorable Burl L. Saunders
Woodward, Pires & Lombardo, P.A.
Attorneys-at-Law
801 Laurel Oak Drive-Suite 640
Naples, Florida 34108
RE:
Proposed Vacation of Road Rights-of Way: SW 1/4 of
Section 15, Towmship 48 S, Range 25 E, Collier County,
Florida.
Dear Mr. Saunders:
Staff has reviewed your request for a letter of "No Objection" for
the above described project. The easement to be vacated, is as
described in your letter of August 8, 1996, for the property listed
above.
The Sheriff's Office reviews these requests to determine if the
granting of the vacation will have any foreseeable negative effect
on our ability to provide law enforcement services to the area.
These services include emergency response, patrol, and traffic
enforcement.
So long as the vacation, either now or in the future, does not
impinge on our ability to deliver these services, the Collier
County Sheriff's Office has "No Objection" to the granting of your
request.
If the agency can be of any further service, please advise.
DH:GY: jhm
cc: File - BSaunders. 1~
WE SUPPORT
WE SPONSOR
!.-- ,---
THE FLORIDA SHERIFFS YOUTH RANCHES A home for needy and worthy boys and girl&
COLLIER COUNTY JR DEPUTY LEAGUE I NC.
COLLIER COUNTY EXPLORER POST #64
No ,th Nepl s Fire Con{rol & Rescue .District
1441 PINE RIDGE ROAD ' NAPLES, FLORIDA 34109
August 20, 1996 ..~ - .-
Mr. Russell D. Muller, Engineer I
Transportation Department
3301 Tamiami Trail East
Naples, FL 34112
Proposed Vacation of Road Rights-of-Way; SW 1/4 of Section 15, Township
48 S, Range 25 E, Collier County, Florida and more particularly described and
depicted on the exhibit attached hereto
Dear Mr. Muller:
In resp. onse to the request of Mark Woodward, Trustee, this it so advise that the North Naples
Fire Control & Rescue District has no objection to Mr. Woodward's Petition to Vacate the
Rights-of-Way as shown on the exhibit attached hereto.
If you have any questions, please contact me at 941-597-3222.
North Naples Fire Control & Rescue District
/LJ/ksf
i= L.
P. O. Box 413013, Naples, FL 33941-:3013
August 21, 1996
Mr. Russell D. Muller, Engineer I
Transportation Department
3301 Tamiami Trail East
Naples, Florida 34112
Re:
Proposed Vacation of Road Right-of-Ways; SW 114 of Section 15,
Township 48 S, Range 25 E, Collier County, Florida and more
particularly described and depicted on the exhibit attached hereto
Dear Mr. Muller:
In response to the request of Mark Woodward, Trustee, this is to advise that FPL has no
objection to Mr. Woodward's Petition to Vacate the Rights-of-Way as shown on the exhibit
attached hereto.
If you have any questions, please contact me at ( 941 ) 434-1281.
Sincerely,
$.W.Tynski
Distribution D~signer
Naples Operations / FPL
an FPL Group company
rSprl t
so~
November 14, 1995
~r, Burr L. Saunders
Woo~w&r~, F~res & Lombardo, P.A.
801 Laurel Oak Drive, Suite 640
Naplee, FL 34108
RE: Zetition to Vacate - Road lights-og-Way SW 1/4 o£
Section 15, Township 48S, ~anqe 25E, Collier County
Dear Hr. Saunders~
United Telephone Company of Florida has no objection to your
petition Co vacate the road rights-of-way described on the
attachment.
Z~ we can be of any further assistance, please contact me at
941-263-6342.
Sincerely,
~~n T. l~eynolds
En!Ilnee r-osP Engineering
Attachment
JTRItu
CCI
Easement File
Chron File
September 3, 1996
Continental
Cablevision'
P.O. Box 413018 · 301 Tower Rood
Naples, FL 33941-~18
't,
Phone: {941) 793-9600 · Fox: [9_41) 793.1317
.%
Russell D. Muller, Engineer I
Transportation Department
3301 Tamiami Trail East
Naples, FL 34112
RE:
Proposed Vacation of Road Rights-of-way, SW 1/4 of
Section 15, Township 48 South, Range 25 East,
Collier County, Florida
Dear Mr. Muller:
In response to the request of Mark Woodward, Trustee, this is to advise that
Continental Cablevision of Southwest Florida has no objection to the petition to
vacate the above referenced road rights-of-way as shown on the attached
exhibit.
If I can be of any additional assistance, please call me at (941) 732-3801.
Sincerely,
NE tor M. Martin
Director of Engineering and Construction
NMM/jdr
Attachment
Il ~I11 ISll
· '
Burr L. Saunders, Esq.
Woodward, Pires & Lombardo, P.A.
801 Laurel Oak Drive, Suite 640
Roi
Tovnshtp 48 S, Range 25 £, Co11J. e~' County, Flo=:Ld& and ~o=~
Th/S,ns,rumen, p,epared . ' 2970648 OR: 2094 PO: 1009
W~, P/res & ~erson, P~ tlc 111 Il. SI
80~ L~urel Oak Dr~e, ~ufle
Naples. FL 33983
(813) 56G3~3I Ifil? ~IT~I
THIS QUIT*CLAIM DEED, executed this ~10I~ day of July, 1995, by MARK J. WOODWARD AS TRUSTEE, first party,
to MARK J. WOODWARD AS TRUSTEE of that certain Lend Trust Agreement dated March 1, 1989, t~'th full power and
author/ly conferred on the Grantee as Trustee under the provisions of F.S. 689.071 to protect, conserve, and to sell, lease,
encumber, or otherwise to manage and dispose of the real p~openy hereinafter described, whose postofflce address Is 801
Latlrel Oak Drive, Suite 640, Naples. FL 33963, second party.
Witnesseth. That the said first party, for and In cons/de,at/on of the sum of $10.00. I~ hand paid by the aa;d'~'econd
parly, the receipt whereof Is hereby acknowtedged, does hereby remlse, release and quit.claim unto the said second party
forever, ell the right, title, Interest. claim end demand which the said first par~y has in end to the following described lot.
piece or parcel of lend, situate, lying end being In the Coumy of Collier , State of Florida . to.w~.
See attached Exhlblt 'A'
TO HAVE AND TO HOLD the same together with nil end singular the appurtenances thereunto belonging or In
anywise appertaining, and all the estate, right, title, Interest. lien, equfly and claim whatsoever of the said first par~y, either
In law or equity, to the only proper use, benefit and behoof of the said second pany forever.
IN WITNESS WHEREOF, the said first pany has signed and seated these presents the day end year first above
written.
Signed, sea/ed end delivered In the presence of:
PWnf Name:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Instrument w~s acknowledged before this 9 0~ day of July, 1995, by MARK J. WOODWARD who
Is personally known to me did take an oath.
Print Name:
Nota~/ Public
Commission No. A,.' ~c.y.~
. My Convr~ls~lon Ex~~
PREP~N OF DEED O~Y ~THO~ OPINION OF
DEED I~ TO ~RRECT THE ~NER IN ~ICH ~E G~TEE HOLD$ ~E TO ~E PROPER~ ~ICH W~
FUrY DET~D IN ~T CERT~N W~ DEED RECORDED IN O.R. B~K 1253, AT PAGE 91 I, O~ THE PUB~
RE~RDS OF ~ER COU~ ~ORI~ '-
· ' '* OR: 2094 PO: 1010 ***
LEGAL DESCRIPTION
All that tract or parcel O! ld~ lyin9 and being irt the
?o~nsnip 48 South, Range 25 East, Collier County, ~tofida, and
being more particularly described e~ to/lows: CO,,n,encing at the
Northwest corner of the Norlhwest J Ot the f~orthwest J of the
Southwest { of said Sec[Jo., fu,~ South O0' 37' 05" Cast d
distance oK 458.45 tee[ to a pol~t[; thence fun South 89· 56'
East a distance oK 3.tO [eec to [ne PLACE O~ BEGINNING, sa~d
point tying on the Eas~erJy right of way tine of U.S. Route 41
3fid i~t d curve to the Northeast; [helrce continue South 89® 56'
l~" last d distance o~ 629.9t t~c LO the East [ina of the
Northwest J O~ the Northwest J ~ the Southwest J of said
Sec[Jolt: thence run South 0O· JB' ~U" Cast sion9 said East tine,
a distance oE 214.t] feet to the South l~¢~e of the Northwest J
the NOrthwest J o~ the Southwest { of sa~d Section; thence fun
t~ort~ 89° 5~' 50" ~est along said S~utn line a distance of 631.83
Eeet to the Easterly right of ~ay line OK U.S. Route 41; thence
run North 01® 00' 29" ~est along the Easterly right OK ~ay line
of U.S. Route 41, a distance oE 22.79 Eeet to the point
curvature of a curve to the Northeast: thence running Jn a
Northeasterly direction along the Easterly right o~ way tine of
U.S. Route 4[, EoIto~Jng the curvature thereof a distance (said
curve having a radius oK 56?9.65 feet, an arc oK 191.43 Eeet and
a central angle oK 010 55' ~2") oE tgi.43 Eeet to the Place
Begil~ning.
Less and excluding that portion o~ the above described feat
estate previously conveyed to the State oK Plufida by Deed
recorded in O[ficia! Records Book 518o Page 315, and tess and
excluding any additional la,sd [hal has been col~demned by or
conveyed to the State of Plof~da, on ur before November 8,
SLL/102140-0]
EXHIBIT "A"
ThhJ InsL"umenl prepared by:. .
'~'~ Mark J. Woodward, Esquire
W~, Pire~, Ander~on & Lombardo, PA.
~0I Laurel O~ Drive, Suite 640 t
Naplsa, FI. 33963
1970646 OR: 2094 ?0:1006
IICOHII il OfllCt,q.I, UCOtn$ II COl, kill CQIII?T, fL
II/Ii/tS It It:l?~ll DVIGI! I. IiOCl, Cl, lt[
IIC III
DO¢-.ll
let. a:
pa~y, THIS QUIT-CLAIM DEED, executed thl#,/~,.day of Augu$~ 1995, by MARK J. WOODWARD A~ mU$7'EE, flr~
lo teARK J. WOODWARD AS TRUSTEE of thai certaln Land Trust Agreement dated March I, 1989, wflh full pow~ ~nd
eu~orlty conferred on the Grantee es Trustee under the provisions of F.S. 689.071 lo protec~ conserve, and to sell, lease,
encumber, or otherwfse to manage ~ dispose of the real property hereinafter descrlbedo whose postofflce eddre~ Is ~01
Laurel Oak Drive, Suite 640, Naples, FL 33963, aecond party,
Witnesaeth, That the ~ald first party, for and In consideration of the sum of $ I0.00, In hand paid by the eeld second
par~, the racetpt Whereof la hereby acknowledged, doea hereby remlse, release and qu#-claim ~nfo the Mid second pany
forever, all the rlgh~ ti#e, Interas~ claim ~ demand which the said first pa~y has In and to the following dsac~lbed Io~
piece or parcel of land, aituate, lying ~ being In the Counly of Collier , State of Florida , to~wft:
See attached F. xhlblt *A'
TO HAVE AND TO HOLD the same toga;her with ell and ainguiar the appurtenances thereunto belonging or In
anywise appertaining, ~ all the aerate, right title, Interest lien, equity ~ claim wha~oevet of the said first pa~/, either
In law or equity, to the only proper use, benefit ~ behoof of the uld second pa~y forever.
wrfllan. IN WITNESS WHEREOF, the ~ald first par~ has signed and sealed these presant~ the day end year first above
Signed, sea/ed a~d delivered In the presence of:
~,.__.,,) M~rk J. Woodw~do la Trustee, a~l Individually
STATE OF FLORIDA
COUNTY OF COLDER
The foregofng In~'ument w~a acknowledged before thin'day of A~gt,,~ 1995, by MARK J. WOODWARD who
la personally known to me did take an oath.
PREPARATION OF DEED ONLY WITHOUT OPINION OF TITLE
THIS DEED IS TO CORRECT THE IVZ/V,INER IN WHICH THE GRANTEE HOLDS TITLE TO THE PROPERTY WHICH WAS NOTJ
FULLY DETAILED IN TIMT CERTAIN QUIT-CLAIM DEED RECORDED IN O.R. BOOK 15~6, PAGE 23~o OF THE PUBU~
RECORDS OF COLLIER COUNT~, FLORIDA. ~ .'
OR: 2094 PG: I007
tX,lBS! "A"
· PARCEL 1: All ~hat tract or parc~l of land lying and being In the
l{orthwest ~/4 of the Northwest 1/4 of the Southwest ]/4 of Section 1S,
Township 48 South. Range 25 East. Collier County. FlOrida. and being
more Particularly described as Follows:
Commencing at the l{orthwest corner of the Southwest {/4 of said Section,
· run South 00' 37' OS" East along the ~est line of said Southwest 1/4
stance of 244.22 feet; thence run South 89' 55' 45" East a distance of
.80 feet to the PLACE OF 8EOINHIN$, said point ]ying on the Easterly
right-of-way line of U. S. Route 41, and lying on a curve to the
flortheast; thence continue South 89· 55' 45" East a distance of
feet to the East 11ne of the Northwest I/4 of the florthwest 1/4 of the
Southwest 1/4; thence run South O0e 38' 50" East along said East line
distance of 2{4.{3 feet; thence l{orth 89' 56' 15" ~est a distance of
629.9{ feet to the Easterly right-of-way line of U. S. Route I{o. 4{,
said point lying in a curve to the Northeast; thence running In a
Northeasterly direction along the Easterly right-of.way Of U. S. Route
4{, loS{owing curvature thereof a distance (sald curve having a radius
of 557g.65 feet, ~n arc o~ 215.44 feet, a central angle of 2' {0'
of ~15.44 feet to the PLACE OF BEOIHHIt{O. The above described tract
havtng an area of 3.07 acres, more or less
PARCEL ~: Commencing at the ilorthwest corner of the Southwest ]/4 of
Section iS, Township 48 South, Range ~S East, Collier County, Florida;
Thence along the East and ~est {/4 line of said Section {5, South
55' 05" East 34.02 feet to the easterly right-of.way line of U. S.
and the PLACE OF BEOINH[ftO of the parcel herein described; Thence
continuing along Said East and ~est l/4 line, South 89' 55' 05" East
598.76 feet to the East line of the t{orthwest 1/4 o¢ the r¢orthwest {/4
of the Southwest ~/d of said Section 15; thence along said EaSt line of
the r{orthwest ~/4 of the l{orthwest I/4 of the Southwest {/4, South 0
'38' 50" East 244.13 feet; thence Horth 8~ 55' 45" ~
the Easterly rluht-of-wav 1~, ~ ,, · .... est.620.]O feet to
easterly riqht-~f-wav nf',"~' ~; ~_~:.~i ~?nC~_~nnlng along the
- · .- ....... ~, -ur~nerly Z44 ~J f
oz a circular curve n~ ~^ ,k_ ~ ...... ' eat along the arc
co ...... ~.= came, inav,ng a radius of 5679.65
feet, a central an91e of 2~ 28' ~5") to the PLACE OF BEGIt{HINO. The
above described tract is subject to an easement for Ingress and egress
over the northerly 30.0 feet thereof; containing 3.4! acres, more or
less.
LESS ~{0 EXCEPT{,$ that portion thereof previously conveyed to the State
of Flortda for the Use and Benefit of the State of Florida Department of
Transportation by Oeed recorded in O.R. Book 517, Pages {80 and {81, of
the Publlc Records of Collier County, Florida.
SUBJECT to restrictions, reservations, and eas~nents of record and taxes
for the current ~ear.
EXECUTIVE SUMMARY
PETITION V-96-29, CRAIG R. WOODWARD, ESQUIRE, REPRESENTING JAMES
AND RUTH ANN WALCOTT, REQUESTING AN AFTER-THE-FACT 1.95 FOOT
VARIANCE TO THE REQUIRED 7.5 FOOT SIDE SETBACK TO 5.55 FEET FOR
PROPERTY LOCATED AT 1582 BISCAYNE WAY, FURTHER DESCRIBED AS LOT
8, BLOCK 284, MARCO BEACH UNIT 8, IN SECTION 16, TOVVNSHIP 52 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FL.
OBJECTIVE:
The petitioner requests an after-the-fact vadance of 1.95 feet from the required side
yard setback of 7.5 feet to 5.55 feet to allow an encroaching pool cage to remain as it
currently exists.
CONSIDERATIONS:
The subject property is located at 1582 Biscayne Way at the intersection of Biscayne
Way and Honeysuckle Avenue, legally described as Lot 8, Block 284, Marco Beach
Unit 8.
The petitioner wishes to allow an existing pool enclosure to remain with a 1.95 foot
encroachment along the side property line of the parcel. The required side yard in the
RSF-4-RP district is 7.5 feet. The existing structure was built in 1977. No spot survey
was required at the time. The encroachment was discovered when a survey was
ordered by the new owners in 1996.
The Collier County Planning Commission reviewed this petition on January 16, 1997,
and by a unanimous vote, recommended approval of the subject vadance request.
FISCAL IMPACT:
Approval of this petition would have no fiscal impact on the County.
GROWTH MANAGEMENT IMPACT:
The proposed variance is consistent with applicable provisions of the Growth
Management Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is located within an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. However, for a variance, no Historical/Archaeological Survey &
Assessment or waiver is required.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission forwarded Petition V-96-29 to the Board of
Zoning Appeals with a recommendation of approval.
PREPARED BY:
REVIEWED BY:
DATE
ROBERT J. MULHERE, AICP, MANAGER
CURRENT PLANNING SECTION
DATE
DONALD W. ARNOLD, AICP, DIRECTOR
PLANNING/SERVICES DEPAR~ENT
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
DATE
HO. ~
FEB 1 1 3997
AGENDA ITEM ?-~
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE:
DECEMBER 27, 1996
RE: PETITION V-96-29
· · · · · · · · · · · · · · · · · · · · · · · · ·
AGENT/APPLICANT:
Agent:
Craig R. Woodward, Esquire
PO Box 1
606 Bald Eagle Drive, Suite 500
Marco Island, FL 34146
Owner.
James & Ruth Ann Walcott
820 South Harbor Drive No. 10
Grand Have, MI 49417
REQUESTED ACTION:
The petitioner requests an after-the-fact variance of 1.95 feet from the required side
yard setback of 7.5 feet to 5.55 feet to allow an encroaching pool cage to remain as it
currently exists.
.GEOGRAPHIC LOCATION:
The subject property is located at 1582 Biscayne Way at the intersection of Biscayne
Way and Honeysuckle Avenue, legally described as Lot 8, Brock 284, Marco Beach
Unit 8.
FEB 11 1997
Plo ~
AGE
FEB 11
.PURPOSE/DESCRIPTION OF PROJECT:
The petitioner wishes to allow an existing pool enclosure to remain with a 1.95 foot
encroachment along the side property line of the parcel. The required side yard in the
RSF-4-RP district is 7.5 feet. The existing structure was built in 1977. No spot survey
was required at the time. The encroachment was discovered when a survey was
ordered by the new owners in 1996.
SURROUNDING LAND USE AND ZONING:
Existing:
Single family house; zoned RSF-4-RP
Surrounding: North -
Single family lot; zoned RSF-4-RP
East -
Single family lot; zoned RSF-4-RP
South -
Single family lot; zoned RSF-4-RP
West -
Biscayne Way ROW
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is located within an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. However. an Historical/Archaeological Survey and Assessment or
waiver is not required for a variance.
EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND
ENVIRONMENT:
Approval of this variance request will have no effect on infrastructure, transportation or
the environment.
ANALYSIS:
Section 2.7.5 of the Land Development Code grants the authority to the Board of
Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA
and utilizes the provisions of Subsection 4(a) through (h) which are general guidelines
to be used to assist the Commission in making a determination. Responses to items
(a) through (h) of Subsection 11.1 4) are as follow:
ae
Are there special conditions and circumstances existing which are peculiar
to the location, size and characteristics of the land, structure, or building
involved?
No. The subject structure is a pool cage attached to a single family house on a
single family lot.
FEB 1 1 1997
be
Are there special conditions and circumstances which do not result from the
action of the applicant such as pre-existing conditions relative to the
property which is the subject of the variance request?
Yes. The structure was built by the previous owner.
Will a literal Interpretation of the provisions of this Land Development Code
work unnecessary and undue hardship on the applicant?
Yes. A literal interpretation would require that 1.95 feet of the existing pool cage
be removed.
Will the variance, if granted, be the minimum variance that will make possible
the reasonable use of the land, building or structure and which promote
standards of health, safety and welfare?
Yes. The structure is existing and this is the minimum variance required to bring
the existing structure into compliance.
Will granting the variance requested confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands,
buildings, or structures in the same zoning district?
Yes, this variance will allow the petitioner to have a structure closer to the
property line than currently required by the RSF-4-RP zoning district.
Will granting the variance be in harmony with the general intent and purpose
of this Land Development Code, and not be injurious to the neighborhood,
or otherwise detrimental to the public welfare?
No, granting of this variance will reduce the amount of the required side yard
which will not be in harmony with the general intent and purpose of the LOC.
However, approval of this request will not be injurious to the neighborhood or
detrimental to the public welfare.
Are there natural conditions or physically induced conditions that ameliorate
the goals and objectives of the regulation such as natural preserves, lakes,
golf courses, etc.?
No. The existing pool cage is 5.5 feet from the property line.
Will granting the variance be consistent with the Growth Management Plan.
Approval of this variance will not affect or change the requirements of the Growth
Management Plan.
AG£~I~T§¥~
No. ~
F'EB 1 1997
STAFF RECOMMENDATION:
Due to the fact that the existing structure has existed since 1977 in its existing location,
staff recommends that the CCPC forward Petition V 96-29 to the BZA with a
recommendation for approval.
PREPARED BY:
RE~LANNER
CURREN-TPLANNING
DATE
REVIEWED BY:
R~ERT J. MULHERE, AICP, MANAGER DA/TN
CURRENT PLANNING
DONALD W. ARNOLD, AICP, DIRECTOR
PLANNING SERVICES
VINCENT A. CAUTERO, AI~INIST~AT(~R~) DATe -
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE
Petition Number:. V-9G-29
Staff report for the January 16, 1997 CCPC meeting.
This Petition has tentatively been scheduled for the February 11, 1997 BZA Public
Hearing.
Collier County Planni~t~ission:
MICHAEL A. DAVIS, CHAIRMAN
FEB 1 1 1997
P~- 7
RESOLUTION NO. 97-
1
3 RELATING TO PETITION NL~ER V-96-29, FOR A VARIANCE ON PROPERTY
4 HEREINAFTER DESCRIBED IN COLLIER COUntY, FLORIDA.
5 WI{EREAS, the Legislature of the State of Florida in Chapter 125,
6 Florida Statutes, has conferred on all counties in Florida the power
7 to establish, coordinate and enforce zoning and such business
8 regulations as are necessary for the protection of the public; and
9 W~F_R/_A$, the County pursuant thereto has adopted a Land
10 Development Code (Ordinance No. 91-102) which establishes regulations
11 for the zoning of particular geographic divisions of the County, among
12 which is the granting of variances; and
13 W%fEREAS, the Board of Zoning Appeals, being the duly elected
14 constituted Board of the area hereby affected, has held a public
15 hearing after notice as in said regulations made and provided, and has
16 considered the advisability of an after-the-fact 1.95 foot variance
17 from the required 7.5 foot side setback to 5.55 feet, as sho'wn on the
18 attached plot plan, Exhibit "A", in an RSF-4-P3 zone for the property
19 hereinafter described, and has found as a matter of fact that
2: satisfactory provision and arrangement have been made concerning all
21 applicable matters re~-uired by said regulations and in accordance with
22 Section 2.7.5 of the Zoning Regulaticns of said Land Development Code
23 for the unincorporated area of Collier County; and
24 k~EREAS, all interested parties have been given opportunity to be
25 heard by this Board in public meeting assembled, and the Board having
23 considered all matters presented;
27 NOW THEREFORE BE IT RESOLVED BY THE BOARD O? ZONING APPF~J.S of
28 Collier County, Florida, that:
29 The Petition V-96-29 filed by Craig R. Wood~ard, Esquire
30 representing James Walcott and Ruth Ann Walcott, with respect to the
31 property hereinafter described as:
32 Lot 8, Block 284, Marco Beach, Unit 8, as recorded in Plat Book 6,
33 Pages 63 through 68, of the Public Records of Collier County,
34 Florida.
PAGE I
FEB 11 1997
:-
1
2
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
be and the same hereby is approved for an after-the-fact 1.95-foot
variance from the required 7.5 foot side yard setback to 5.$5 feet as
shown on the attached plot plan, Exhibit "A", of the RSF-4-RP zoning
district wherein said property is located, subject to the following
conditions:
This variance is for the encroachment depicted on the plot plan.
Any other encroachment shall require another variance.
BE IT RESOLVEO that this Resolution relating to Petition Number
v-96-29 be recorded in the minutes of this Board.
Commissioner offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
and upon roll call the vote was:
AYES:
NAYS:
ABSENT ~¢D NOT VOTING:
ABSTENTION:
Done this day of
ATTEST:
DWIGHT E. BROCK, CLERK
, 1997.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
26
27
28
29
30
31
32
33
34
C~.A I RHA.~
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
MAR~ORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
V-96-29 RESOLUTION/18928
FEB 11 1997
PAGE 2
/LAT ~,F ~UR. VEY CERTIFIED CORRECT TO:
Rjth Ann and dornc.~ Allen Wolcott: A.F.I. Mortgage Corporation. Its Successors and/or
Assigns; First Title & Abstract. Inc. and Ch,cogo Title Insurance Company.
OESCRIP~ON (FURNISHED BY CLIENT):
LOT 8, .BLOCK 284, MARCO 8EACH, UNIT EICHT, according to the plat thereo[, os recorded
in Plot Book 6, Pages 63 through 68, Public Record: of Collicr County, Florida.
LOT 14 LOT 13
ts'..\- ,~c- ~o N 00'14'37' E 80.00'
3.5%\-
5~.A~INCS SHOWN H~EON
A~E BASED ON THE
~I-cJRUNE ~ BISCA~E
WAY AS E~NO
NOO34'37'~ AS
ON RECORD P~T.
CO~C.
CC~C
LOT 8 -,o. ~,.-~'
~.~Z CC--~TC
I (~t~)
I
L
LOT 7
ELOC',, K ;~
LOT 12
r(.C( POSt:
tqm'! ~: O.S~' CAST
STREET AODRr. S$:
-7.~
15B2 BISCAY~: WAY
MARCO ISLAND. ~OA 33937
~CCT~T~I
7-5-S.
. ~LIC U~U~
OR~:I(AC[
:CT I/2'
EHMIBIT "A"
LOT g
.FEB.i 1 1997
· ...--.~ ~.~
(v~cs FROM SETBAC~
~EQUZREn FOR ~ P~TZC~AR ZONinG n~ST~CT)~0%'
2
2
V'96-29
PETITION NO. DATE PETITION RECEI~3~:~¥~.M
PROJECT P~ER ~ ~1 ~3
(~OVE TO BE FILLED IN BY STAFF)
PETITIONER'S NAME James Walco~t and Ruth Ann Walco~
PETITIONER'S ADDRESS 820 S. Harbor Dr~ve, ~10
~rand Haven, MI 49417' TELEPHONE .(616) 847-9399
AGENT'S NAME Craiq R. Woodward, Esquire
AGENT'S ADDRESS post Office Box One, 606 Bald Eagle Drive, Suite
500, Marco Island, Florida 34146
TELEPHONE (941) 394-5161
LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) 8 BLOCK(S) 284
SUBDIVISION Marco Beach Unit 8 SECTION /& TWP.
RANGE ~, (If legal description is lengthy, i.e. metes &
bounds description, attach additional page)
CURRENT ZONING OF SUBJECT PROPERTY
EXISTING LAND USE ON SUBJECT PROPERTY . Residential Home~s~'~'~
ADJACENT ZONING & LAND'USE
~0NING
LAND USE
N RSF Residential
S RSF Residential
E RSF Residential
W RSF Residential
MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY
FRONT: 25' CORNER LOT: NO/YES
SIDE: 7.5' WATERFRONT LOT: NO/YES
REAR: 25' to home and 15' to pool cage
-1-
(CIRCLE ONE)
(CIRCLE ONE)
NI~. ~
FEB 1 1 1997
NATURE OF PETITION
Provide a detailed explanation of the request including what
structures are existing and what is proposed; the amount of
encroachment proposed using numbers, i.e. reduce front setback from
25" to 18"; when property owner purchased property; when existing
principal structure was built (include building permit number if
possible); why encroachment is necessary; how existing encroachment
came to be; etc.
South side setback on LO~ 8, Block 284. Marco Beach Unit Eiaht.
Plat Book 6, Pages 63-68, a/k/a 1~82 Biscayne Wav, Marco Island,
Florida, is requested to be reduced from 7.5' a~onq screen
enclosure adjacent to the pool to a seDback of 5.5' as ~ currently
exists, current property owners. James ~nd Ruth Ann walcott.
purchased the proper~y in 1996 and discovered the encroachment o:
~he screen into the setbaqk by a survey (at~aehed} da~ed May 1.
1996. The house was constructed in ~977 and ~he prior Owpers. Mr.
and Mrs. Strah. were not aware of the encroachment~
Please note that staff and the Collier County Planning Co~=nission
shall be guided in their recommendation to the Board of Zoning
Appeals, and that the Board of Zoning Appeals shall be guided in
its determination to approve or deny a variance petition by the
below listed criteria (1-6). (Please address this criteria using
additional pages if necessary.)
Are there special'conditions and circumstances existing which
are peculiar to the location, size and characteristics of the
LAND, STRUCTURE OR BUILDINg involved and which are not
applicable to the same degrees or extent to the lands,
structures or buildings in the same zoning district?
Yes. Existing building ¢onstruqted in ~77 or ~in~teen (19)
years ago,
-2-
FEB 1 1 1997
Are there special conditions and circumstances which do not
result from the action of the applicant?
Y s. A l'cant urchased the r~_~Qp_~_~__- and b am awa f th
se ack roblem n af r ' was surve d. rio er was
not aware of the bl m.
Will a literal interpretation of the provisions of the Land
Development Code deprive the applicant of a right or rights
commonly enjoyed by other properties in the same zoning
district under the terms of this zoning code and work
unnecessary and undue hardship on the applicant?
Yes. To move the ~ool enclosur v two 2 f e o mee the
e ba k r uir men is unn c ssa and wou d be an undu_________~e
ex__xp_gD~.
4 o
Will the variance, if granted, be the minimum variance that
will make possible reasonable use of land, building or
structure?
yes. This is the minimum variance needed to brincl__~
rop_~ into compliance with the re~ired side ~ard setback.
o
Will granting the variance requested confer on the petitioner
any special privilege(s) that is denied by those zoning
regulations to other lands, buildings or structures in the
same zoning district?
No. Since the variance request is for an existinq scree~n
enclosur~_~Q~ars a~o.
-3-
FEB 1 1 1997
Will the granting of this variance be in harmony with the
general intent and purpose of this Land Development Code, and
not be injurious to the neighborhood, or otherwise detrimental
to the public welfare?
Yes. Because the request is for chanqinq the setback of an
existinq screen enclosure, it will not be injurious to th-
neiqhborhood or others.
NATURE OF PETITIONER OR AGENT
FEE $425.00
(DOUBLE FOR AFTER-THE-FACT VARIANCE)
VARIANCE APPLICATION/12/14/92/md
-4-
FEB 1 1 1997
..
SIGNATURE OF AGENT
State of Florida
County of Collier
The foregoing was acknowledged before me this 14thday of
October, 1996 by Crai . Wo dwar , who is personally known to me
or has produced __personally known as identification and who did
(did not) take an oath.
J~ C. N~
(Signature g~
SEAL
ANN C. H£RR~GI0N
W Corem [,P. 10/08/97
8ond~d ~ $¢n,{ce
~ il~t~
(~rint ~ame of lq~
NOTARY PUBLIC
Serial/Commission #.
My Commission Expires:
VARIANCE APPLICATION/5/14/91/md
-5-
FEB 1 1 1997
PI- ~'
State of Florida
County of Collier
The foregoing was acknowledged before me this 14thday of
October, 1996 by rai R. W dwar , who is personally known to me
or has produced ersonall known as identification and who did
(did not) take an oath.
SEAL
.~NN C. H[RRtNGI0N
Uy C0mm [,P. I0/08/97
~nd~d ~ Se~e ms
~. ~?03
~ I1~
(Signature of Notary Publi~
Gr',,-', c. ~cc. Un~4-or"x
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #
My Commission Expires:
VARIANCE APPLICATION/5/14/91/md
-5-
Ho.
FEB 1 1 1997
PI.
'F~LXT ~F SURVEY CERTIFIED CORRECT TO:
R,;th Ann and dome~ AIl~.n Wolcott: A.F.I. Mortgage Corporation, Its SuccesSors and/or
Assigns; First Title Ec Abs, trocl.. Inc and Ch,toga Title Insurance
DESCRIPTION (FURNISHED BY CLIENT):
LOT 8, BLOCK 2§,1, MARCO BEACH, Ur, ItT IEICHT. occordlng
in Plot Book G, Pages 65 through 68, Public ~ocordc of Collior County. Florida.
LOT
B£ARINCS SHOWN HEREON
ARE BASED ON THE
CENTERUN£ OF' BISCAYNE
WAY AS BEINO
N00'14'37'£, AS SHOWN
ON RECOND PLAT.
CA$Cut'NT
CC.~ C.
LOT 7
LOT I ~
ruo I/~)'
~Ra. ~c~ N 00'14'37' £ 80.00'
CHAJNLIrCN
~J: rcN~
J (~Y~ICAI.) '
LOT 12
J ~I,CC POSt:
~t lJJ'J 02~'
F
LOT 8 ~
?..<'
STREET ADDRESS:
1582 DISCAYN£ WAY
MARCO ISLAND. FLORIOA ,13937
PASO
~.BO'
STUCCO Id
RES:I~NC~
3~ OS'
. P~t81JC UTIUTY
LOT g
IG3~S
lrhD N/,JL'C~g.o2. CALC~J~
k Tied TALt 111 02' -£^slJ
0
w/s/~cco c, Cx'~C. SET I/2'
· )cL Ct~.) POY~R I~O/I I~OO
4' v.'~t~ C~;C~[I'C
4'37' E 80.O0'
~ PAV[UCNT j
BISCAYNE WAY
140 lC)
AG£q~nri'Ful~ ~
No. ~
FEB 1 1 1997
EXECUTIVE SUMMARY
PETITION NO. CU-96-24, JEFF SWIATEK REPRESENTING JEFF SWIATEK, JOHN AND CLAY
WINFIELD, I~QUESTING CONDITIONAL USE "4" OF THE C-4 ZONING DISTRICT FOR,
USED CAR SALES FOR PROPERTY LOCATED AT 4870 GOLDEN GATE PARKWAY,
FURTHER DESCRIBED AS LOTS 14, 15 AND 16, BLOCK 248, GOLDEN GATE, UNIT 7, IN
SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 4 ACRES, MORE OR LESS.
OBJECTIVE:
This petitioner seeks a conditional use for a "used car business" in a C-4 zoning district.
CONSIDERATIONS:
The property at 4870 Golden Gate Parkway currently functions as an automobile car wash facility (i.e.
Captain Kidd Car Wash, Inc.). The approved Site Development Plan for the "car wash" (SDP-89-071)
illustrates an area adjacent to Golden Gate Parkway which could be used for the parking of automobiles
not in motion as a function &the automobile washing/cleaning process.
The petitioner amended their site plan just prior to the Planning Commissions review. This revision
would relocate the location of' vacuum pumps in order to allow greater area for automobiles to access
the car wash facility. Nevertheless, the Planning Commission concluded this was not enough to
overcome what they basically concluded was a use incompatible with the current use.
Conditional uses require a finding based on certain criteria contained in Section 2.7.4.4 of the Land
Development Code. Each &the potential impacts or considerations identified under each &the criteria
are categorized as either pro or con as the case may be. A summary &the pro/cons is as listed:
PRO
CON
A development order approved that is consistent
with applicable elements of' the GMP and
provisions of the LDC, must be considered on the
positive side of conditional use evaluative criteria.
This petition does nothing to change the way
automobiles enter and exit the property.
Conflicts between users for automobile washing
and those wishing to view used cars given the
limited size of the property seem unavoidable.
Unencumbered flow thru the "car wash" will be
impossible to maintain in the event a portion of the
lot is used to display for sale automobiles.
AGE M
FEB 1 1 1997
Pt.-- ]
There is no adjacent development that can be
affected by the operation of this conditional use.
The incremental difference in the use of land does
not rise to any level of incompatibility.
Sight angles for automobiles moving thru the sight
will be diminished posing potential conflicts
between moving automobiles and pedestrians.
The Collier County Planning Commission reviewed this petition at their public hearing of January 16,
1997. The Commission unanimously recommended that the petition be denied (8 to 0). The
Commission concluded that the proposed conditional use was incompatible with the G.G.A. Master
Plan relative to development objectives along Golden Gate Parkway.
No person spoke in opposition to this petition or otherwise communicated any level of objection.
FISCAL IMPACT:
~one.
GROWTH MANAGEMENT IMPACT:
Adding another land use to the current C-4 zoning classification, thru the conditional use process, does
nothing to change the relationship of this property to the FLUE to the GMP. The subject property is
located within the Golden Gate Mixed Use Activity Center which authorizes any of the uses allowed in
the C-1 thru C-5 zoning district. In ali other respects this petition is consistent with the GMP.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
That the Collier County Board of Commissioners deny petition CU-96-24. The Commission's Findings
are summarized as follows:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes 7 No 1
2
AO~,IT~
~o.
FEB .1.
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:
Yes 6 No 2
C. Affects neighboring properties in relation to noise, glare, economic or odor effects:
4_ No affect or 2_ Affect mitigated by
2_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes 0 No _8
Should the Board of Zoning Appeals decide to approve this petition a Resolution containing minimum
recommended conditions of approval is provided with this executive summary.
CHIEF PLANNER
DATE
REVIEWED BY:
RO~BERT J. MULHERE, AICP
NTP , NNr C M N R'
DONALD W. ARNOLD, AICP
DATE
DATE
PLA~h'qING SERVICES DEPA'~TMENT DIRECTOR
V~CENT A. CAUTERO, ADMINISTRATOR DA
COMMUNITY DEV. AND ENVIRONMENTAL SVC$.
CU-9~.24 ~ SUMMARY/ixl
3
FEB 1 1 1997
AGENDA ITEM 7-F
MEMORANDUM
TO:
COLLIER CouAq'Y PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION
DATE:
DECEMBER 17, 1996
tLE: PETITION NO:
CU-96-24,
JEFF SW'IATEK
(CAPTAIN KIDD CAP, WASH)
OWNER/AGENT:
Agent/Owner:
Mr. Jeff Swiatek
4870 Golden Gate Park'way
Naples, Florida 34116
REQUESTED ACTION:
This petitioner seeks a conditional use for a "used car business" in a C-4 zoning district.
GEOGRAPHIC LOCATION:
The property is located on the south side of Golden Gate Park'way midway between Tropicana
Boulevard and 500' Street S.W. (See location map following page).
PURPOSE/DESCRIPTION OF PROJECT:
The property at 4870 Golden G-a/e Parkway currently functions as an automobile car wash'facility
(i.e. Captain Kidd Car Wash, Inc.). The approved Site Development Plan for the 'car wash'
(SDP-89-071) illustrates an area adjacent to Golden Gate Parkway which could be used for the
parking of' automobiles not in motion as a function of the automobile washing/cleaning process.
The Master Plan submitted with this application suggests that it is poss%le to station six (6) cars
on the property which would be for sale as used ears.
EXISTING AND SURROUNDING LAND USE:
The incremental use of this commercial C-.4 zoned property would not be imquenced bY
surrounding land uses, all of which are commercially developed with Se exception of the land
uses lying south &the alley which are residential land uses. This area however now lies adjacent
to the car wash.
AGE M
p~.., ~e--'
J~
GROWTH MANAGEMENT PLAN CONSISTENCY:
Simply adding another land use to the current C4 zoning classification, thru the conditional use
process, does nothing to change the relationship of this property to the FLUE to the GMP. The
subject property is located within the Golden Gate Mixed Use Activity Center which msthorizes
any of the uses allowed in the C-I thru C-$ zoning district. In all other respects this petition is
consistent with the GMP.
~ISTORIC/ARCHAEOLOGICAL IMPA(~TI':
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map.
Therefore, no HistoricaL/Archaeological Survey and Assessment is required.
EVALUATION FOR
INFRASTRUCTURE:
ENVIRONMENTAL~
TRANSPORTATION AND
The subject petition has been reviewed by the appropriate staff responsible for oversight related to
the above referenced areas of critical concern. This includes a review by the Community
Development environmental and engineering staff, and the Transportation Services Department
staff
Comments raised by engineering and transportation engineering staff suggest that the space which
is available to conduct the unrelated use is too small an area and may encumber the way the auto
wash facility operates. The nature of the petition did not require EAB consideration.
CRITERL4, EVALUATION:
The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition
and the criteria on which a favorable determination must be based. This evaluation is intended to
provide an objective, comprehensive overview of the impacts of the proposed land use cha~ge, be
they positive or negative, culminating in a staff recommendation based on that comprehensive
overview. The below listed criteria are specifically noted in Section 2.7.4.4 of the Land
Development Code thus requiring staff evaluation and comment, and shall be used as the basis for
a recommendation 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 cons the
case may be, in the opinion of staff. Staff review of each of the criterion is followed by a
summary conclusion culminating in a determination of compliance, non-compliance, or
compliance with mitigation.
Ho. £~
FEB 1 1 1997
p~. ~) _
Consistency with this code and Growth Management Plan.
Pro:
A development order approval that is consistent with applicable elements
of the GMP and provisions of the LDC, must be considered on the positive
side of conditional use evaluative criteria.
Con:
Not applicable in view of its consistency evaluation with the GMP and
LDC.
Summary Conclusion (Findings): The proposed use is authorized in the Urban IVfixed Use
designated areas in 7.offing districts that subsequently provide for the use, either as a
permitted or conditionally permitted use. In this case the property is located within a
designated "Activity Center" which provides for all manner of commercial land uses.
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 lire or catastrophe.
Pro:
This petition does nothing to change the way automobiles enter and exit
the property
Con: i)
Conflicts between users for automobile washing and those wishing to view
used cars given the limited size ofthe property seem unavoidable.
ii)
Unencumbered flow thru the "ca; wash" will be impossible to maintain in
the event a portion of the lot is used to display for s~Je automobiles.
iii)
Sight angles for automobiles moving thru the sight v, ill be diminished
posing potential conflicts between moving automobiles and pedestrians.
Summary Conclusion (Findings); Field investigation suggests that the property'is too
small to facilitate the added use of a small used car sales activity. The distance bet,,veen
the vacuum islands and the required landscape buffer adjacent the Golden Gate Parkway
physically appears to be constrained, and will likely create conflicts with persons having
opposite purposes for using site activities (i.e. car washinWcleaning movements vs.
potential used car buyers). Ingress and egress to the property with a land use activity at
the nearest point to ingress/egress points will diminish the free flow of traffic to and fi.om
the site, however, the added use should not impede emergency access.
The effect the conditional use would have on neighboring properties in relation to
noise, glare, economic or odor effects;
Pro: i) There is no adjacent development that can be affected by the operation of
AGE T M
this conditional use. .o. It _~_~r[~.2)
Con: None FEB l 1 1997
3
Pg. 7
Summary Conclusion (Findings): Both properties contiguous the east and west sides are
commercially developed properties. The added use of a "used car display" area will have
no effect on these properties relative to noise, gJare, economic or odor. The residential
property lying south of the a/Icy and the existing car wash facility is also unaffected
because it is separated by the existing car wash use.
d. Compatibility with adjacent properties and other property in the district.
Pro: i)
The incremental ditTerence in the use of land does not rise to any level of
incompatibility.
None
Summar7 Conclusion (Findings): The incremental change of adding another commercial
activity to the subject site does not measurable change the way the property relates to
contiguous properties.
GENE'PAL COMMENT:
Typically a property owner is entitled to make multiple uses oftheir property so long as all of the
uses are authorized by the zoning district within which the property is located and provided all of
the uses function in accordance with zoning requirements (i.e. setbacks, landscaping, parking,
etc.). The degree to which site activities function smoothly depends upon the application of site
planning practices which can eliminate on-site conflicts.
The distinguishing difference with this application lies in the fact that we have a existing land use
activity (i.e. car wash) which is appropriately site planned and appears to function smoothly.
Granted the property owner has what appears to be a small area of excess space immediately
adjacent Golden Gate Park'way upon which a few cars could be stationed for the purpose of
resale. The problem is that interested used car buyers when accessing the site will have to use the
same space required for the car wash to function smoothly (i.e. drive through lines used to access
car wash facilities). In short the site has inadequate space to function as both a "car wash* and a
"used car lot" without one encumbering thc other. The conduct of a used car lot involves more.
than simply the fixed stationing of' automobiles. The site plan must account for customer space.,
and activities related to the on site movement of both automobiles and pedestrians. This required
level of separation between the "car wash" and the "used car lot" cannot be achieved on this site,
albeit the number of used cars hardly suggests the scope of activities we normally attach to a
"used car lot".
Another issue raised by th~s petition and the existing site operational circumstances is that should
the property owner be allowed to engage in used car sales activities it would be difficult to
administer a limited activity of six or fewer cars. Should the property owner allow the helter
skeiter placement of resale vehicles, and their placement in areas otherwise indicated the
appearance of the property will be lessened. This is the opposite to implied goals for development
of Golden Gate Parkway.
FEB 1 1 ' 997
P~. ,.~.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) recommend denial of' Petition CU-96-24.
Should the Commission determine otherwise a draft Resolution of' Adoption with appropriate
stipulations is provided for your consideration.
P BY:
RONALD NINO DATE
CHIEF PLANNER
KEVIEWED BY:
~P"~ RE~-C P
CURP,.E~ PLANNING MAI'~. ,..
DOSED w. XN0 .D.
~G~CES DEP~~ D~CTOR
~CE~ A. CAIRO, ~~S~~
CO~TY DEV. ~ E~O~~ SVCS
/L-/?.
DATE
Petition Number CU-96-24
StaffReport for January 16, 1997 CCPC meeting.
NOTE: This Petition has been advertised for the February I 1, 1997 BCC meeting.
COLLIER COUNT~ 7~G COMMISSION:
MICHAEL A. DAVIS, CHAIRMAN
CU-96-24 STAFF REPORT/pal
FEB111997 T
PET~mION NO.
COLLIER COUNTY
APPLICATION FOR CONDITIONAL USE REQUESTS
C~' 9 6-2 4.II
APPLICANT ADDRESS: '7~0 ~;'O~C~C.^ [~'~'~'<., ~,..Oou/
(PETITIONER) NmOS m~D ADDRESS*:
PROPERTY
OWNER
DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY:
PROPERTY I.D.
SZZE OS PROPERTY: /~0 ST. X I Z~' ~T. ACRES:
GENERAL LOCATION AND ADDRESS OF SUBJECT PROPERTY:
ZONING OF SUBJECT PROPERTY: ~-~ EXISTING ~D USE: ~
ADJACENT ZONING AND ~ND USE:
ZONING
s
-1-
FEB 1 1 1997
.,. ID ...
Staff recommendation to the Planning Commissfon and the
Planning Commission recommendatfon to the Board of Zoning
Appeals shall be based u~.-n t~e following criteria. Please
respond to the following criteria:
Is this request consistent with the Land Development Code and
Growth Management Plan?&a~
Ingress and egress to property and proposed structures thereon
with particular reference to automotive and pedestrian safety and
convenience, traffic flow and c,ontrol, and access in case of fire
or catastrophe:
The effect the conditional use would have on neighboring
properties in relation to noise, glare, economic ~nd odor effect·
Compatibility with adjacent properties and other properties in the~
SI~d;~'2U~'E OF PETITIONER OR AGENT
-2-
FEB 1 1 1997
If petitioner is a corporation other than a public corporation, so
indcate and name officers and major stockholders.
If petitioner
beneficiaries.
is a land trust, so indicate and name name
If petitioner is a partnership, limited partnership or other
business entity, so indicate and name principals.
If petitioner is a lesee, attach copy of lease, and indicate actual
owners if not indicated on the lease.
If petitioner is a contract purchaser, attach copy of contract, and
indicate actual owners name and address.
-3-
FEB 1 ! 1997
,,. /,%
~FFIDAVIT
say fh~t I/am the owner of the property described herein and which is
the subject matter of the proposed hearing; that all the answers to the
questions in this application, and all sketches, data and other
supplementary mater attached to and made a part of this application,
are honest and true to the best of my knowledge and belief. I
understand this application must be completed and accurate before a
hearing can be advertised. I further permit ~.~//,,~
(AGENT'S NAME)
to act as my representative in any matters regarding this petition.
State of Florida
County of Collier
//,~C~ATURE OF OWNER
~__/y~The forego,.iDg Agr.eement Sheet was ackngw~ledge before.,me this
-__ day of /..~.~,~,~_ , 199,~_~_. by. ,~ ~. ~ ~ ,,,.~:. who is
personally known to me or who ~~duc~ ~a/ f,.a ~' '
identification and ~ho did~.did n~~ke an oath.
/ ' ~ / /'
(Signature of ~ota~
~; · ~
NOTARY PUBLIC
Co~mission f ~-/~-:,:.%~.
ommlsslon Ex lres.~:
-1-
This is to certify that Captain Kidd Car Wash was purchased by the W'mfield Company,
with lohn taxi Clay W'mfield being the major share holders. As majoriW _,Mreholders, we
give JeffSwialek authori_?~on to further obtain the zoning necessary to sell used cars at
Captain Kidd Car Wash.
Utility Provisions
for
Conditional Uses and Rezones
3. LEGAL DESCRIPTION: k0T 'F /f~-w~ /~. 6(6¢~
4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicabl~ system):
A. COUNTY SYSTEM
B. CITY SYSTEM
C. FRINCHISED S~STEM NAME:
D. PACKAGE TREATMENT Pi~21T CAPACITY (GPD)
E. SEPTIC SYSTEM
5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system):
A. COUNTY SYSTEM
B. CITY SYSTEM
C. FRINCHISED SYSTEM NAME:
D. PRIVATE SYST~4
6. TOTAL POPULATION TO BE SERVED: T~.___~~ ~{0~/(~/
7. PEAK AND AVERAGE DAILY DE~NDES:
1 · ~¢ATER-PEA.3[
2 . SE;',"ER-PEAK
AVERAGE DAILY
AVERAGE DAILY
8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYST~.:,
DATE SERVICE EXPECTED TO BE REQUIRED: ~Xl~ ~0~.
9. Provide a brief and concise narrative and schematic drawing of the
sewage treatment process to be used as wel'l as a specific statemenn
regarding the method of affluent and sludge disposal. If percolaticn
pcnds are to be used, then percolation data of soil involved shall he
provided from tests prepared by a professional engineer.
-1-
AGE '"! "~--"~""-"
FEB 1 1 1997 t
CO~UPTJ~KT$ ~ LAWYEP~ AESTP~CT SERV~E.
1
SALES CONTRACT
(NOTi FOR CONDOMINIUMS)
I
AOORESS: ~ J/I.~X.Z~IA C~i~3R~...-~OII 3' ~ AOORESS: ~_J3IYIA! PArrN1LI'KRTP II, P!
~ ' ' .... ' ' t SA~ 7Ta_AT'F.. I.
tJ~ON THE AC:CEFTNUCE OF THE OCrFER (0~ COUNTErOffER) ,he ~ h~ agreed Io Hi B~d B~f~r has ~ to buy UPON
,',~OLo~CONorno~s].4, ].$wH'c"~ r .ou.o_w...t~, ,.[oc~ ~ ,,~.,~, i~s~~,4u, UC).L~ ~K~t '7, ~a~lel, C~:LI.L~ O:xm~7,
~. P~E PR~:E:~tMM S ~
(~") ~ "'*"~ I / ' 2oo.~o
(e) ~ ~ ~. f ~, j~ p~ ~)1 ~ ...................................... S
Id] ~e~ ~-~ ~. I ~.1~ ~ ~c)l ~ ....................................... S
(.) ~9. ~ ~ ~, ~ m ~ ~t~
~', ~ ,~ e~ ~ ~ ~ ~u~ ~ ~o~e~ .............................. S ~
To e~e*o ~-e ~ega~e :~l,~ge~ ~n~ ~ ~U ~nqnge~y ~, BWIr S~lq ~,~ Se~ler in ~ling ~n ~eL" ,~f t~
1C te~.-a'e t~e :~?,act ~y ~ol,fcat,~ 10 B~eT ~ w~ and ~e de~s1 ~ls Shim ~ ref~ 10 B~It, (c) [ ~PUflCHASG ~N~
~D ~0nTG~GE s~a,~ >a',e mi ~l~g Ko~ I~ pl~t 1e~ ~l ~g~al ~ICiI l~f ship bi S
i~al Kf~es/mfl o~ ~ % i~K ~e~ ~el~ ~ ~Gc ~ts shill: ( ) ~l ~terlst (each pl~f
I~r~, BWe. may ca.el ~e ~tti~ I~ ~m I ti u~ Of O~.(s d~,~(~) ~ ~llll h h ~ge~l rill ~ Inll~ :O
I~t~ It c~ IF NO BOX fS ~EC~ED, {i) S~ E
~ pEE~EO TO
~. CO~ OF PROPERS, RISK OF L~, WAR--ES, ~ I~ ~ ~ ~ ~ ~ ~t~ lff~
~ IF ~ lOX IS CHECKED I !) S~ BE ~O TO ~Y. ~ ~l ~l~ ~ ~, ~ ~ ~ ~
7. r)ELLEIq'S INSTRUMEN?S AND EXpC..NSE$: Selef ~hal psf Io~ s~d p,x~acle when IC~icl~e k.cludk, g I,~r daft
I. ~KS ~S ~O EXP~ES:
I. ~ ~O 9PEC~ ~SES~: W~ ~ ~ ~ mt ~. ~ ~
~'e~e,. I~ ~n ~i~ t~ ~fllu s~lfl ~ P~t~ m~ to BWe~. U~n ~h de~ led ~
r~lis~, i~ to one IflOf~r. Or Iff ~gl~ ~e ~ ~1~.
~3 SU~VE~ B~e~ay, lrBuyeKle~se, hBve~erdlr~~Bs~ tade'l ~ i
tO ~KIYI an l~,dlv. I O~ ~',ly from Seller ~,,neltmg t~ COlS~ C~tY.on C~ U~ ~i~ ~ ~
14 INGRESS A~D EGRESS. B~er't ~ ~ ~&~ ~ ~e ~ hl~g ~U lo I~ h~
15 ~OS ESCnOw ~e~g~ ~ '
~m~ ~e e~r~ Uhe roil ~?a~e broker ~ ~e de~l)(s) Is I~z~ to ~ ~o~rer me ~s). m~
17. ~RE)GN JNVES~E~ IN R~L PROOEM~ T~ A~T (~R~A)'
. Seq~ ~ are U.S. ~ze~ ~ ~ nm
~ of ~ SI~. I~ w~ ~e ~e~e of re~e to K
~ ~ ~ I~ IRC (m~ ~1 i mn ~ ~ ~m~ I~ ~
~2~MI~P~mP~. S~~~M~se~e.B~M~t e~~i~dM~
!1'~
~ ~ ~0 P~ES A~SED TO
~M ~ C~RACT, TERMS ANO
~EG~ ~ BAflQAI~NG ~Sl~ OK
B~O BE ACCE~TED BY A P~ ~ A P~R ~C~. ~ I~ A ~Y B~I~ C~ F
PAR~ ACK~EOGE~ ~AT PR~R TO
BEEN AQ~SEO BY ~E R~C ESTA~
TO ~S~T ~ ~PROPR~ P~~ FOR
~C~D A~CE.
~ CO~ ~D ~ORN~9 ~1:
27. BEFORE $1ONrrJG, T~E PART1ES HAVE REV]E'WED THE ADOtINONAL TERMS AND CONOfTIONS NUMgERED ".18 ON PAGES
mD Two OF ~,s CO','TR~CT. J W:L~i,_lcl OmTe~es,
Tu ID ,g Oil.
Tu ID !
Dill
Del®
Dill
4.
Tu I.D.#
a ~lo=i~a genera/
~4,NTNA~By: ~y O.~'~/Z~ield, P~ide~t
CAR ~ INC., a Flori
BUYER
PPJNT NA~E
$EU,ER
PRIHT NAME
BY: Ra/~:h C/pfft, Pr~sic]p__n~:
Se. LE. '..~ ~"' ' /,"j__..- .,,..-
il ~hl N/In~ rial e~nfte brt~w.
.191 · . Io be held In eK~ pw le~
I~ du~y m~z~d m~
FEB 1 1 1997
Pg. /~
ADDENDUM TO SAL£~ CONT~AC~
This Addendum to Sales Contract ia made and entered into this
~ day of September. 1995, by and between winfield Companies, a
Florida general partnership, ~1 lUylrl and Capt, Kidd Car Wash.
]nc., s'Florida corporation, ad Seller, and amends a certain Sales
Contract between the parties h&reto of even date herewith to which
. "' this Addendum is attached !~heI "Sales Contract.), aa follows:
1. Buyer does hereby disclose to Seller that Buyer ia an
.~--~-~--~--------=,-~-------~-~-~- affiliate o~ ~ln~teld ~]~eocla~ee, a Florida real
....... broker.
~,-:~-r - T: -~ 2. Buyer and Seller do hereby agree that on gep~e~er 2~, 1996,
..... Buyer shall execute and deliver ~o Seller an Agreemen~ for
........ Deed ~o purchase the pre~lel and bulinell delcribed herein.
..... Said Agreemln~ for Deed khall con~ain the follo~ing aa its
~ .... a. That tn~eres~ shall acc~e on the unpaid Rrinctpal
"!' ~ ' "~' ='~'~'~:~ balance due under ~ht ~e~s of the Sales Contract a~ the
r~e of nine percen: (~) per annum,
b. That monthly pa~en~i oi in~ereat only shall be due under
............... ~he ~e~s of ~he Agreemen~ for Deed co~enclng ~ove~er
- - 1, ~, and on :ha'first da7 of eac~ and eve~ month
- ; ' ~hereaiter during ~he te~ hereof.
c. That ~he entire principal balance evidenced by said
~'- ... A~ree~ent for Deed shall be due and payable in tull, and
.i~.~- . .-~. _ ~. · transfer o[ :~le bhall occur on ~anua~ 15.
i ·
..... 3. The parties hereto do ~ereb7 agree ~hat in lieu of an
A~reemen: for Deed, the,parties ma7 elec~ to close ~his
~--,.-:~ :..=. :m~--.-_, transaction on Sep~a~er 2f, 19~6, ~i~h ~he Seller accep~in9
__, a prcmisso~ note and mortgage from ~he Buyer containing the
':~: -' ~ pertinen~ provisions of [the Agreement for Deed set forth
. -- -;~_ - ~.__ above.
..... - 4. Buyer Bad Seller do hereby acknowledge and agree that the
firm of Tuarles & Brady is general counsel for bo~h 8uyer and
Seller. Buyer and Seller do hereby further agree that Quarles
& Brady may represen~ both sides ~o =his transaction; ~hat
inciden~ ~o said du~l representation, Quarles & Brady has an
: ............ ethical du:F ~o disclose ~11 per:inen~ facts to all parties,
and =hat no privileges nor confidences shall be kept from
either par:y, to which ~h Buyer and Seller agree
5. In all other respect's, ;said Sales Contract shall remain
unchanged and a iull force and effect.
~ : ~ B~ER: .
· ~ ............ WINFIELD COMPLIES i
_ _,~ .... -- a Florida general PartnerShip.
C~ O.~FIE~, Premidmn~ -
.
~.~ SELLER:
.. - ~T. KIDD ~ W~H, ~C..
a Florida co~oration
~H CIOFFI, President
AGE~T/M
' FEB 1 1 1997
~ I
I
AGENDA ITEM
FEB 1 1 1997
RESOLUTION 97-
A RESOLUTION PROVIDING FOR THE ESTAJ~LISH]dENT
OF USED CAR SALES CONDITIONAL USE "4" TN THE
C-4 ZONING DISTRICT PURSUANT TO SECTION
2.2.15.3 OF THE COLLIER COUNTY LAND
DEVELOPHENT CODE FOR PROPERTY LOCATED IN
SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
W~EREAS, the Legislature of the State of Florida /n Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zon/ng and such business regulations as are necessary for the
protect/on of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a Comprehensive
Zoning Ordinance establishing regulations for the zoning of particular
geographic divisions of the County, among which is the granting of
Conditional Uses; and
WHEREAS, the Collier County Planning Co~ission, being the duly
appointed and const/tuted planning board for the area hereby affected,
has held a public hearing after notice as in said regulations made and
provided, and hal considered the advisability of Conditional Use "4" of
Sect/on 2.2.15.3 in a C-4 zone for used car sales on the property
hereinafter described, and has found as a matter of fact (Exhibit "A")
that satisfactory prov/sion and arrangement have been made concern/ng
all applicable matters required by said regular/ohs and in accordance
w/th Subsection 2.?.4.4 of the Land Development Code for the Collier
County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in a public meeting essa=bled and the Board having
considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
-1-
The petition filed by ~eff ~wiatek representing ~eff ~iatek, ~ohn
and Clay Winfield, with respect to ~he property hereinafter described
Lots 14, lb and 16, Block 248, Golden Cate Estates, Unit 7,
es recorded in Plat Book 4, Page 9B, of the Public Records of
Collier County, Florida.
be and the same is hereby approved for Conditional Use "4" of Section
2.2.15.3 of the C-4 zoning district for used car sales in accordance
with the Conceptual Master Plan (Exhibit 'B") and subject to the
following conditions:
a. The Planning & Technical Services Manager may approve
minor changes in the location, siting, or height of
buildings, structures, and improvements authorized by
the conditional use. Expansion of the uses identified
and approved within this conditional use application, or
major changes to the site plan submitted as part of this
application, shall require the submittal of a new
conditional use application, and shall comply with all
applicable County ordinances in effect at the time of
submittal, including Division 3.3, Site Development Plan
Review and Approval, of the Collier County Lend
Developmen~ Code (Ordinance No. 91-102).
b. ~ny revision to site lighting for displayed for sale
automobiles shall Be limited to light pole standards not
exceeding a height of fourteen (14) feet and whose
illumination properties shall not Be of the nature that
casts a glare to automobile traffic moving along Golden
Cate Boulevard.
c. The maximum number of automobiles displayed for sale
shall not exceed five (5) vehicles which shall be
positioned adjacent to Golden Gate Parkway between the
two driveways and made subject to the further
modification of the current SDP-89-071. Said spaces
shall meet the requirements of Land Development Code
specifications for parking spaces.
d. The Conditional Use Master Plan made a part of this
Resolution shall be the approved amended Site
Development Plan, which shall be made to conform to
current Land Development Code requirements for
landscaping.
e. The County's Transportation Division may determine when
and if modifications for turn lanes become necessary.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
-2-
· AGE T
[EB 1 1 1997
Comm~ssioner offered ~he foregoing
Reeolut~on end moved for ire adoption, eeconded by Commies~oner
and upon roll call, the vote vas:
AYES:
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
day of
, 1997.
ATTEST:
DWIGHT E. BROCK, CL£P~
BOARD OF ZONING APPF. ALS
COLLIER COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO FO~ ~;D
LEGAL SUFFICIENCY:
MARJO~IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-96-24 RESOLUTION/18783
-3-
FEB 1 1 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-24
The following facts are found:
1. Section 2.2.15.3 of the Land Devlopment Code authorized
the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
Aw
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~ No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress ~ egress
Yes L/'No
Affects neighboring properties in relation to
noise~ glare, economic or odor effects:
~' No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district/"
Yes No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (should not~._~e
recommended for approval ·
/
FINDING OF FACT CHAIRMAN/18786
FEB 1 1 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-24
The following facts are found:
Section 2.2.15.3 of the Land Development Code authorized
the conditional use.
2e
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
Ce
Consistency with the Land Development Code and
Growth Management Plan:
Yes No ~/
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe: ~ ~.
Adequate ingress & eq~ss
Yes ~,/ No
Affects neighboring properties in relation to
noise, glare, economic or odor effects:
No affect or Affect mitigated by
Affect c~nnot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within dist~r-ict
Yes No
Based on the above findings, this ~~-6h~se should,
with stipulations, (copy attached)~(should ~ be
recommended for approval ~~__ /~/
FINDING OF FACT MEMBER/18786
AG£ T
NO. ~
FEB 1 1 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COM~ISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-24
The following facts are found:
Section 2.2.15.3 of the Land Development Code authorized
the conditional use.
me
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
A. Consistency with the L~a~d Development Code and
Growth Management Pi~:
Yes _~k__ No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:/
Adequate
ingress
&, ~x~r e s s
Yes ~ No
C. Affect~/.neighboring properties in relation to
nois~, glare, economic or odor effects:
~' No affect or Affect mitigated by
__ Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes
Based on the above findings, this conditional use should;,~
with stipulations, (copy attached) (should not) be / /
r ecomm~ed for approval ____
/
FINDING OF FACT MEMBER/18786
FEB 1 1 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-24
The following facts are found:
Section 2.2.15.3 of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
De
Consistency with the~and Development Code and
Growth Management ~l/n:
Yes. ~ No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress &.~ress
Yes ~ No
Affects neighboring properties in relation to
no%s~, glare, economic or odor effects:
No affect or __ Affect mitigated by
__Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
CompatibleyesUSe within~l~riCtNo
Based on the above findings, this conditional use should,
withrecommen~dStipulationS,for approval(~-~' .... h,.d)
FINDING OF FACT MEMBER/18786
N0. ~
FEB 1 1 1997
I I I III I I II II II I IIII I III IIIIIII II IIII I I I I IIIII I I I I i~llllrl Ill II III [
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-24
The following facts are found:
Section 2.2.15.3 of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
Consistency with the Land Development Code and
Growth Management ~n:
Yes No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress. / ,-~,~1, '- ~ ~0~,~
Yes No %/ ~
Affects neighboring properties in relation to
noise, glare, economic or odor effects:
No affect or Affect mitigated by
__ Affect canno~ be mitigated
Compatibility with adjacent properties and other
property in the district:
CompatibleYes user.within ~7 No ~trict
Based on the above findings, this conditional use should,
with stipulations, (copy atta.ched) (should not__~_~-'-~
recommended for approval ~,4~
FINDING OF FACT MEMBER/18786
AGE['~,I:IA JT£ M
[fo. ~
FEI 1 1 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COM]~ISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-24
The following facts are found:
Section 2.2.15.3 of the Land Development Code authorized
'the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
ae
Consistency with the Land Development Code and
Growth Management ~:
Yes No__
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress /~
Yes No
Affects neighboring properties in relation to
noise, gla~e, economic or odor effects:
Noz~ffect or ___ Affect mitigated by
~/ Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within di~rtrict
Yes No b/
Based on the above fin.d/~ this condition'~ u~e should,
with stipulations, (copy att~hed)~should not)/be
recommended f~r approval ~.~,_~-~ . ~ / / .
(
FINDING OF FACT MEMBER/18786
AG£N(~jT£M --
FEB 1 1 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-24
The following facts are found:
Section 2.2.15.3 of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and
Growth '~ 'No
Manage .Plan-
B. Ingress and egress to property and propose~
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ing~egre~__
C. Affects neighboring.properties in relation to
noise, glare~ economic'or odor effects:
No affect_of~.~' Affect mitigated by
-- ~'~ Affec~ cannot be mitigate~
D. Compatibility with adjacent properties and other
property in the district:
CompatibleyesUSe wi~strict
Based on the above findings, this conz~itinnal~use should,
with stipulations, (cop~
recommended for approv~
/
FINDING OF FACT MEMBER/18786
AGENDA. IT£ M,
No. ~
FEB ! 1 19~7
P~. ~
[[ [ I [[[ II Il I Ill [ Il lUl I Ill]Ill .............................. I
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-24
The following facts are found:
Section 2.2.15.3 of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~ No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress
Yes ~ No
Affects neighboring properties in relation to
noise, glare, economic or odor effects:
No affect or ~ Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within,~strict
Yes No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (should not) be
recommended for approval
FINDING OF FACT MEMBER/18786
FEB 1 1 1997
FLRGG & RSSOC., XNC.
TEL:618-656-7127
SITE
)an 14,97
PLAN
8:08 No.O02 P.02
20' ALLEY
"~- ........ Ir'
I
I
LOT 15I
..... ~ ~OT ~,
EXECU?~VE 8~¥
PETITION NO. CU-96-23 WILLIAM L. HOOVER REPRESENTING FERRIL A.
BOUTILIER REQUESTING CONDITIONAL USE "2" OF THE RMF-6 ZONING
DISTRICT FOR A CHURCH AND CHURCH RELATED FACILITIES FOR A
PROPERTY LOCATED ON THE NORTH SIDE OF GUILFORD ROAD,
APPROXIMATELY 900 FEET WEST OF EAST TAMIAMI TRAIL.
The petitioner is requesting the above described Conditional Use
for a church and related facilities.
CONSIDERATION8~
The applicant is requesting the approval of a Conditional Use for
a church and church related facilities. The subject 2.04 acre
site is currently vacant. The petitioner proposes to build a
4,136 square feet, 185 seat church. The petitioner is also
proposing to build a child care center, open during service hours
only and exclusively for the children of congregation members.
There are two existing churches on Guilford Road with a combined
congregation of 200 to 220 members. One of these churches was
approved by the Board of County Commissioners in 1994 (CU-93-16).
The other church is older and pre-dates the Conditional Use
process.
This church will provide 174 feet of rear setback, and will be
separated from the Enchanting Acres Mobile Home Park by a 0.7
acres of preserve. On the south side, this project will provide a
57 foot front setback as opposed to 35 feet required for the
district. On the two remaining sides the setbacks are also
increased and a 15 foot wide 80 percent opaque buffer is provided
to further buffer the adjacent residential dwellings from the
proposed church. It should be noted that a 12 unit residential
building could be built on this site which would have a more
significant traffic impact on a day to day basis versus the
traffic impact associated with the church which will be mostly
limited to Sunday mornings.
Guilford Road is a dead end road. The only exit from this road is
to US 41. The lack of a traffic light at the intersection of
Guilford Road and US 41 and the existence of two other churches
result in slow-downs and delays for residents trying to exit
Guilford Road and head north on US 41 around the end of church
services on Sundays. This problem will be compounded by the
addition of this new church. Several residents spoke at the CCPC
meeting, and while not opposing the church, expressed concerns
with the existing and future condition at the intersection of
Guilford Road and Tamiami Trail East.
The Collier County Planning Commission reviewed this petition on
January 16, 1997 and by a vote of 8-0 recommended ap~;ev~_lj
FEB 1 1 1997
PI- t
FISCAL IMPACT ~
None.
OROWTH MAFAGZM~NT IMPACTI
None.
~ISTORIC/ARCHAEOLOGICAL IMPACT=
Staff's analysis indicates
located outside an area
probability as referenced
Probability Map. Therefore,
and Assessment is required.
that the petitioner's property is
of historical and archaeological
on the official Collier County
no Historical/Archaeological Survey
PLANNING COMMISSION RECOMM~NDATIONt
That the Board of Zoning Appeals approve CU-96-23 subject to all
CCPC stipulations.
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP
SENIOR PLANNER
DATE
REVIEWED BY:
ROBERT J. MULHERE, AICP, MANAGER DATE
CURRENT PLAN~.NG SEC~ON
DONALD W. ARNOLD, AICP, DIRECTOR
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
2
"o.
FEB 1 1 1997'
PI. A
AGENDA ITEM 7-E
TO:
FROM:
DATE:
RE:
MEMORANDUM
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DIVISION
December 26, 1996
PETITION NO: CU 96-23
OWnER/AGENT:
AGENT:
owner:
William L. Hoover, AICP
Hoover Planning Shoppe
2223 Trade Center Way
Naples, FL. 34109
Ferril A. Boutilier
405 Grenada Ave.
Marco Island, FL. 34145
~EQUESTED ACTION:
The applicant is requesting the approval of a conditional use for
a church and church related facilities for a property located on
the north side of Guilford Road, approximately 900 feet west of
East Tamiami Trail.
GEOGRAPHIC LOCATION:.
The subject property is located on the north side of Guilford
Road, approximately 900 feet west of East Tamiami trail in
Section 13, Township 50 South, Range 25 east. (See attached
location map)
~URPOSE/DESCRIPTION OF PRoJEcT:
The applicant is requesting Conditional Use "2" of the RMF-6
zoning district for a church and church related facilities. The
subject 2.04 acre site is currently vacant. The petitioner
proposes to build a 4136 square feet, 185 seats church. The
petitioner is also proposing to build a child care center, open
during service hours only and exclusively for house of worship
attendees children. There are two existing churches on Guilford
Road with a combined congregation of 200 to 220 members. One of
these churches was approved by the Board of County Commissioners
in 1994 (CU-93-16). The other church is older and pre-dates the
Conditional Use process.
;i
Subsection 4) (a) through (h) which are general guidelines to be
used to assist the Commission in making a determination.
Responses to items (a) through (h) of Subsection 11.1 4) are as
follows:
a. Are there special conditions and circumstances existing which
are peculiar to the location, size and characteristics of the
land, structure, or building involved?
No, this building is no different than any other out parcel
building. The applicants have chosen to orient both wall
signs toward the shopping center.
b. Are there special conditions and circumstances which do not
result from the action of the applicant such as pre-existing
conditions relative to the property which is the subject of
the variance request?
No, all conditions and circumstances are self-imposed by the
applicant. The applicants have decide to install two (2)
permitted wall signs, both oriented toward the shopping
center and not the adjacent right-of-way.
Will a literal interpretation of the provisions of this La'nd
Development Code work unnecessary and undue hardship on the
applicant?
Nc, this building is entitle! to two (2~ wall anJ one ps~e
signs. The applicant may ckoose to relocate one of the
existing signs toward Airport Road.
d. Will the variance, if granted, be the minimum variance that
will make possible the reasonable use of the land, building
or structure and which promote standards of health, safety
and welfare?
No, a variance is not necessary to make possible the
reasonable use of the building. If the applicant believes
that there is a safety issue here, as stated on the
application, then they have the option of relocation on of
the wall signs or installing a pole sign that they are
entitle to. They may even decide to do both.
e. Will granting the variance requested confer on the ~etitioner
any special privilege that is denied by these zoning
regulations to other lands, buildings, or structures in the
same zoning district? t
AGE D I
No. ~
FEB 1 1 1997
Yes, the granting of this variance will allow the petitioner
to install a third wall sign which is denied to others unless
a similar variance is approved.
Will granting the variance be in harmony with the general
intent and purpose of this Land Development Code, and not be
injurious to the neighborhood, or otherwise detrimental to
the public welfare?
No, the granting of this variance will not be in harmony with
the general intent and purpose of the Land Development Code.
Are there natural conditions or physically induced conditions
that ameliorate the goals and objectives of the regulation
such as natural preserves, lakes, golf courses, etc.
No, there are no natural or physically induced conditions
associated with this location.
h. Will granting the variance be consistent with the Growth
Management Plan.
Approval of this variance will not affect or change the
requirements of the Growth Management Plan.
ST/kFF RECOMP[ENDATION:
Staff recom.mends that the CCPC fcrward Petit!on SV-96-5 to the
BZA with a recommendation for denial.
3
FEB 1 1 997
Pg. .~
I I IIIIIIII IIIII III II I I II iilll l , II
PI~EPAJU~D BY:
CHA3{R3~M BADAMTCHI/LN, Ph. D., AICP
SENIOR PLA/~ER
DATE
REVIEWED BY:
~O~ERT J. MULHERE, AICP, MA/qAGER
CURRENT PLA~'N I NG
DONALD W. ARNOLD, AICP, DIRECTOR
PLANNING SERVICES
DATE
VINCENT A. CAUTERO, ADMINISTRATOR~,
CO~LMUNITY DEVELOPMENT & ENVIRONs'MENTAL SERVICES
DATE
COLLIER COUNTY PLA-NNLNG~ONLMISS
' .L:'_~,L.~'-' ,'///~' ~ .... '~
MICHAEL A. DAVIS, CHAIRMA~N
ION:
PETITION SV-96-5
Staff report for January 16, 1997.
This Petition has been tentatively scheduled for February 11 BZA
meeting. ,
FF.B 1 1 1997
1
2
3
4
5
6
R~$OLUTION NO. 97-
B~!~TiNG TO PETITION N%.~ER SV-96-5, F&R A SIGN VARIANCE ON PROPERTY
~ER£INAFTER DESCRIBED IN COLLIER COUntY, FLORIDA.
7 WHEREAS, the Legislature of %he State of Florida in Chapter 125,
8 Florida Statutes, has conferred on all counties in Florida %he po~er
9 to establish, coordinate and enforce zoning and such business
10 regulations as are necessary for the protection of the public, and
11 WHEREAS, the County pursuant thereto has adopted a Land
12 Development Code (Ordinance No. 91-102) which establishes regulations
13 for the zoning of particular geographic divisions of the County, among
14 which is the granting of variances, and
15 WHEREAS, the Board of Zoning Appeals being the duly elected
16 constituted Board of the area hereby affected, has held a public
17 hearing after notice as in said regulations made and provided, and has
18 considered the advisability of a variance to al!zT a third wall sign
19 to be placed on the rear of the building as sho~T, on the attached plot
29 plan, Exhibit "A", in · C-5 zone for the properz}' hereinafter
21 described, and has found as a matter of fact thal satisfactory
22 provision and arrangement have been made concerning all applicable
23 matters re~ired by said regulations and in accordance with Section
24 2.7.5 of the Zoning Re~lations of said Land Development Code for the
25 unincorporated area of Collier County, and
2~ ~ER-LAS, all interested parties have been g~'.'en opportunity to be
27 heard by this Board in public meeting assembled and the Board having
28 considered all matters presented,
29 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
30 Collier County, Florida, that:
31 The Petition SV-96-5 filed by Toys "R" Us, Inc., with respect to
32 the property hereinafter described as:
33 Exhibit "B"
34
PAGE I
AGEND~ ~F~M ~
FEB 1 1 1997
be and the same hereby is approved for a variance to allow a third
wall sign to he placed on the rear of the building as sho~n on the
attached plot plan, Exhibit "A", of the C-5 zoning district wherein
said property is located.
BE IT P. ESOLVED that this Resolution relating to Petition Number
~V-96-5 be recorded in the minutes of this Board.
Commissioner offered the foregoing
Resolution and moved for its adoption, ~econded by Commissioner
and upon roll call the vote was:
10
11 AYES:
12 NAYS:
13 ABSENT ~;D NOT VOTING:
14 A~STENTION:
15
16 Done this
17
18 ATTEST:
19 DWIGHT E. BROCK, CLEPC<
2O
21
22
23
24
25
0
27 M~.RJORIE M. STUDENT
28 ASSISTANT COUNTY ATTO~L%'Ey
29
30 $V-96-5 RESOL[I~ION/18854
31
32
33
34
day of , 1997.
APPROVED AS TO FO~H ~;D LEGAL SUFFICIENCY:
..C OF ZO .... ,G APPEALS
CCLLiER CO~;Ty, FLCRiDA
PAGE 2
No. ~
FEB 1 1 1997
ml
]997
Description ofpzrt o[ Somh¢~'.st 1/4 erSecfion ! I, Tov,'nsi~ip 49 South, Rang-.. 25 East,
Collier County, Florida
(Toys P, Les- Pddgepcrt ?la. za)
A }'-.-'~ o.r th.: so'a:h~zs: 1/4 of Sect!on I 1, Townib.~p 49 South, l~.a.'~g; 25 East, Co]li-_r Cou'n~y,
F!c.':,dz ~:!,'.~ rr,,ore p_.,L,..l...) described ~s £ol[ows:
Co.':..n:'~ncir, g a: thc scu.th.-as: come.-of'said Se.trion I 1;
:hence along tee south lin'. el'said Section 11 Se=ch 89=35'20.. V,'esl 1323.65 £e:t =o th=
southwest co~e.- o,Vths scu:S'.as: 1!4 oftl'~e ~cu:?,cast l/4 ofs~id Section 1 I;
thence Noah 0,.3=22'11" Ea.~t 6'/.51 £:et to tee noah rlgh:-of-wa:r' linc o£County. Road
(Pir'.e Ridge Road.) as d.:sc~'=:d in O.K Book 13-5'3, Fage 169, Collier County Public Recorgs,
Collier County, Florida:
tSence along said north righ:-of-,.vay line Nons S~:35'20" Eas~ 974 44 feet;
t}:ence leaving sald nons rigk:-of-v,-ay lineNonh " ' "
01 O~ 50 East 171.80 fee: to tS: Point
Bcg!nnirg o,"ff~: ~.~rcel h~reir, described,
,,~,r-.., S~:$1 tO" \Vest 40.00
t.~.-nc¢ .N'~h C, Ic07'O~'' Eas: 5~ ~0
thence No,.h S$°51'29'' \V~'s: 4'~ 41
tk:.'~:e No,':h 0I~06'13'' East 354.00
deer. ce So,.':",, g£"'~ I. '10" E.':'- ', 2-~'~_ 59
~bc.'-.:¢ Sot:t}-, 0!'06'<2" V,':i: 1~ 17
-..' -", ,--. =0, ~,...,." -':-' O.:: :, ." ;' "~ .'.....' _,"'.'- .- ...:"~'" ....
Roadr<= ~;) '
ti:~-n':: als=_: ssi~. '-." ..e.. h.-.e 'cg'~':,"
r..,...-.,.-,,'.)' Se-':h O; . \Vest 3S.: ~ i
t!--..:c= lea'. [::~_ sc. id r!g".:-.:,::'.', s'.' ::.'..., "". ,, .-..'.' ':." :." 15 ' :\'=.'-: ::: :', :ce:' :o ~h: Pc :: cf
E:ri~r,i.~:: oF'.h¢ F. ar'.:el ','-":-
C.:--.:.--.i.-.i-g '.. ,.3 as:.-.; .-..,.-,,:~ c:
B:'_:!.-_:', are ....~... o:; t:.: ss':::-. '.ir:= of'szi:l $:'.:'.'n I I :.-i.;;: Et-.:'; ~:35'20" Wes:
FEB 1 1 1997
EXECUTIVE SUMMARY
WATER AND SEWER FACILITIES ACCEPTANCE FOR
CAME~T PARK AT THE VINEYARDS
OBJECTIVE: The Board of County Commissioners, Ex-Officio the
Governing Board of the County Water-Sewer District, to accept the
newly-constructed water and sewer facilities to serve Camelot Park
at The Vineyards and authorize the recordation of the appropriate
legal documents.
CONSIDERATIONS:
1) The developer of Camelot Park at The Vineyards has
constructed the water and sewer facilities within dedicated
utility easements to serve this development See attached
location map. ·
2) Deed, Bill of Sale and other related documents have been
submitted to Engineering Review Services in order for the County
to accept the water and sewer facilities in accordance with County
Ordinances 78-10 and 79-33.
3) The water and sewer facilities will be, upon acceptance by
the Board, operated and maintained by the County Utilities
Division under a one (1) year maintenance guarantee furnished by
the developer.
4) The on-site inspection of the sewer facilities and water
facilities has been conducted by the County Engineering Inspection
section with the finding that the water and sewer facilities have
been constructed in accordance with County Ordinances and
Regulations.
5) The legal documents have been reviewed by the County Attorney
and are legally sufficient for acceptance by the Board.
6) Surety for utilities is covered under the Subdivision
Improvement acceptance.
FISCJuL IMPACT: The water and sewer facilities were constructed
without cost to the County Water-Sewer District. During the first
year, the water and sewer facilities are under a Contractual
Guarantee. After that time, the cost of operating and maintaining
the water facilities will be paid by monthly user revenu.~
F£B 1 1 3997
Executive Summary
Camelot Park at The Vineyards
Page Two
GROWTH F~dqAGEM~NT I~fPACT: The sewer facilities will be connected
to the North County Regional Wastewater Treatment Plant and the
water facilities to the County Regional Water Treatment Plant.
This project will not create a new impact, as it has been planned
for within facilities available at present
REC(A~R~ENDATIONS: That the Board of County Commissioners,
Ex-Officio the Governing Board of the County Water-Sewer District,
accept the water and sewer facilities for Camelot Park at The
Vineyards, with the following stipulations:
The water and sewer facilities to serve the project cannot be
placed into service and no Certificate of Occupancy shall be
issued until the following items have been furnished:
1) Florida Department of Environmental Regulation furnishes a
letter authorizing the placement of these systems into service,
and;
2) Bacteriological testing has met the County's requirements,
and;
3) The Fire Flow requirements of the project have been satisfied,
and the Fire District furnishes a letter accepting the fire
hydrant for ownership and maintenance
4) Receipt of payment for water usage from Utilities
bacteriological testing
for
PREPARED BY:
S~irle~'.x Technician
REVIEWED BY:
Engineering Review Services Manager
II
D~te
FEB 1 1 ]997
Executive Summary
Camelot Park at The Vineyards
Page Three
Donald W. Arnold, A~
Pla/nnn/~g~e~ic~D~tment Director
Vincent A Cau ..-~---------
r
COMPU3NITY DEVELOPMENT AND ENVIRONMENTA SERVICES
attachments
~)ate ~
B~te
FEB 1 1 1997
,t2
,'FEB 1 1 'I997
~XECZrIVS sure. my
APPROVE A PROPOSAL FOR REPAIR OF AN EXISTINC RECLAIMED WATER MAIN ~~,,.Ou,"-
CONNECTION OF A NEW MAIN WITHIN THE RIGHT-OF-WAy OF DAVIS BLVD .~/... ~,~¥£)'
.... ..?
~ That the ~oar? o~ County Commissioners, as Ex-Officio th~/G~t~in,
Board of the Collier uouncy water-Sewer District, approve a proposal from ~" ~
Haskins Inc. to increase the amount of Purchase Order No. 702227, to provide
for the repair of an existing reclaimed water main prior to connection of a new
main within the right-of-way of Davis Blvd.
f~~ The Lakewood Reclaimed Water Conversion construction project
will soon be advertised for bids.
In preparation for ccnstruction of this project a Utility Permit has been
obtained from the Florida Department of Transportation (FDOT) for reclaimed
water facilities within the right-of-way of Davis Blvd. On January 14, 1997 the
Board approved a proposal from Haskins, Inc. to construct the facilities
covered by the FDOT permit.
Prior to construction of one of the mains, it was discovered that the existing
main to which the new main would connect was in need of repair. Haskins, Inc.
has submitted a proposal to make the necessary repairs.
Haskins, Inc. is currently authorized (by Purchase Order No. 702227 to perform
work on Davis Blvd. for a total price of $31,030.00 for reclaimed water mains.
Haskins, Inc. proposes to repair the existing main for an amount not to exceed
$4,550.00. This would increase the total authorization for Haskins Inc. to
$35,580.00. ,
[~%~ Funds in the amount of $4,550.00 to complete this work are
~.,jvailable from Fund 414-263611-74007: Lakewood Reclaimed Water Conversion.
~ROVTH MANAGEMENT IMPACT: None.
~CO~NDA~IONSA Staff recommends that the Board of County Commissioners, as
Ex-Officio the Governing Board of the Collier County Water-Sewer District,
approve a proposal from Haskins, Inc. to increase the amount of Purchase Order
No. 702227, to provide for the repair of an existing reclaimed water main prior
to connection of a new main within the right-of-way of Davis Blvd.
Ronald F. Dillard, P.~E:: Project Manager
Offi.ce of Capital Projects Management
~VIEW'ED BY: !' '.'/ /"
Steve Carnell, Director
Pure'has i~g De~r{~ment
Ad01fo A. ~o~alez, P/~."~irector
Office of Capital Pro~ects Management
~a~nd W. Miller, P.E., Interim A~inistrator
Public Works Division
RFD: rid
cc: Tim Clemons, Uastewater Director
DATE:
DATE: ~' .)t
Sages
HASKINS INC.
10956 ENTERPRISE AVE.
BONITA SPR/NGS. FLOR/DA 33923
(813) 947-1846
PROPOSAL SUBMITTED TO
Ron Di_llard_z-_Collier Co.Capital
STREET .....
3301 E. Tamiami Trail B~ D
CITY. STATE AND ZIP CODE
We hereby submit specifications end estimates for:
LAKEWOOD REUSE SYSTEM TIE IN AT DAVIS BLVD. AND
CORRECT EXISTING REUSE LINE IN PLACE BY OTHERS.
I. Traffic Control and Restoration
2. Remove and Reinstall New Pipe Supplied
By Owner
3. Install Five Bell Restraints Supplied
By Owner
4. Equipment
5. Testing
and Labor
TOTAL NOT TO EXCEED
KINGS WAY:
$ 750.00
1,800.00
200.00
1,500.00
300.00
$4,550.00
.~[' ~Jrt~osc hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of:
FOUR THOUSAND FIVE HUNDRED FIFTY AND NO/
Payme~,: ~o De macre as l~l~Ows i 0 0 .......... ~ltars (S 4 , 5 5 0. 0 0
).
Per pay request upon completion.
,nsu~a.ce Our workers a,e fu:ly COre,et ~V W~men's Com~.sabOn lesu~a~ce withdrawn by us if not a~e=~ed w~th~n ~ ~ f t e e ~ ( 1 5) Cays
~?~ d~ '~e w°rk as specd'ed' Payment w'" be made as °u"ined above J
EXECUT/VE SUMMARY
AUTHORIZATION TO PURCHASE A REPLACEMENT 550L
BACKHOE FROM STATE BID
OBJECTIVE: That the Board of County Commissioner~, Ex-Officio the Governing Board of
the Collier County Water-Sewer District of Collier County, Florida, authorize the purchase ora $80L Case
Backhoe through Slate Bid #38-760-001 from Falcon Power,
CONSIDERATIONS:
Purchase of a new backhoe was recommended by the CoIlier County Fleet Management Department
due to excessive costs in maintaining the present backhoe. Please see the attached Memo from Fleet
Management.
This backhoe will be used primarily by the personnel maintaining the water lines within the County's
water distribution system. It will also be used at other locations throughout the Water Department, as
needed.
Staffhas obtained quotes from the following:
A. Falcon Power in the amount of $50,862.
B. Joe Money Machinery in the amount of $61,745.
C. M.D. Moodey & Sons,/nc. in the amount of $59,983.
FISCAL IMPACT: The fiscal impact for this items is $50,862.
Distribution Account 408-253212-764150,
Staff recommends purchasing the unit from State Bid #38-760-001 and utilizing Falcon Power.
Funds are available in Water
GROWTH MANAGEMENT: None
RECOMMENDATION: The Pubic Works Administrator recommends that the Board of County
Commissioners, Ex-Officio the governing Board of the County Water-Sewer District of Collier County,
Florida, authorize the pur~.,~e from the above referenced State Bid.
Prepared By: ' ' J...~,i&ha'~l R:Ne~,'m~, WaterDJrector .': '
/,"-_~t.. ~-. ,,,-'-~' / ,/
. . .,., . / f
Rev,ewed By: ~~., ,..r . ~'~d' ~ "' /
Sae~en Carnell, ?urck,.asing Director~- .
Raymond W. Miller, P.E. Interim Public Works Adm'inistrato-r
Consent Agenda February 1 I, 1997
DATEr
TOg
FROM=
REs
EXHIBIT A
June 17, 1994
MEMORANDUM
Phil Cramer, Water Service Distribution Supervisor
Dan Pucher, Fleet Management Director
Loader/Backhoe #87450
Fleet Management has recommended the replacement of the 1987 JCB
1400B Loader/Backhoe (~87450) operated by the Water Service
Distribution Department due to age, condition, and maintenance
costs life to date (March 23, 1994 memorand~m attached). Cost
and performance information are indicated below in response to
your request for additional rep]acement justificatlon:
Purchase price: $34,389
Maint. cost life to date: $40,384.23
Approx. operating hours: 2500
As you know, the Waste Water Department recently ordered a
comparable Ford 555C tractor with backhoe and loader from the
Florida Government State Contract. The GSA contract for the
tractor will expire at the end of July.
The present 1986 Eager Beaver tri-axle 9 ton trailer (~86247) is
not considered undersized by Fleet Management personnel, however
last year the trailer was showing signs of stress requiring the
side supports to be re-welded and reinforced due to buckling and
stress cracks. Additional cross members were also installed.
It would be advisable to replace the trailer along with the new
tractor with a suitable heavy duty construction grade trailer.
If you should require any further assistance with this matter,
please do not hesitate to ask.
01/28/~? TU£ 15:.1.1 FAI 407' 142 9518 FALCON POW'ER ~001
EXHIBIT B
FALCOr ] POWER
Jesse Komorny
Collier County Utilities DLvisiom
3050 North Horseshoe Dr. #290
Naples, Florida 33942
October 11, 1996
We are pleased to quote the following Case Industrial Product
as bid to and awarded by the Florida Department of Management
Servtces~ Contract ~ 760-001-97-!
Commodity ~'760-960-110
Bid # 38-760-001P
Contact: Jim Den Blekyer 904-488-8367
1 ea. 760-960-110 Tractor Loader Backhoe, Case 580L
1 ea. 2001 Transmission Disconnect
1 ea. 2004 Mechanical Front Wheel Drive
1 ea. 4404 Byd. Extending Dipper
1 ea. 6001 Strobe
i ea. 6003 Yandal Protection
Non-Contract OptLons: '
1 ea (Dealer)
1 ea
1 · a "
1 e a "
! ea "
! ea
1 ea
1 ea
i ea "
i ea
1 e a ,,
Wodel 4E
1 e a. " -
$ 33,875.00
Std.
4,149.00
2,785.00
215.00
150.00
19.5Lx24, 10 PR Rear Tires
7C Reversible Stabilizer Pads
9TX Additional Lights, Fr. & Rear
9BD Aux. Hydraulics for Backhoe
9QC Backhoe Bkt. Coupler
9BL Dual Lever Controls
9DE 30" G.P. Bucket
ACS-1500 Automatic Coupler
.ACS-OEM Female Adaptor
ACS-10 H.D. U~ility Forks
Install Hyd. Cplr/Controls and
Fabrication to adapt 0£M bucket
BOE Reversible edge for loader bkt.
$
$ 925.00
2,200.00
$ 1,950.00'
4,125.00
Warranty Pricing as follows:
Power%rain Only, 3 Yrs/500O Hrs.
5 Yrs/5000 Hrs.
FUlL Machine : 3 Yrs/5000 Hrs.
5 Yrs/5000 Hrs.
165.00'
505.00'
186.00
1,695.00
453.00
72.00'
692.00
2,060.00
605.00
2,306.00
750.00
199.00
50,862.00
ThanM you for this opportunity to quote and we look forward
to your valued order.
Mgr.
TAMPA O~LANOO OCAL~ WEST ~ALM BEACH MIAIVI~
JACKSONVILLE HASTINGS VALOOST~
~HOI~NIX FLAGSTAFF
MACHINERY
November 4, 1996
Mr. Jeffe Ko~orny
Collier County Water Dept
800 Terylo Road '
Naples, Florida 33962
(9%1) 77S-3310
Dear Mr. Kon%orny:
wa are pleased to offer for your consideraplon our JOB 214 in
accordance w/th the Florida ~ Con~rac~ #760.960-911.
BASE CONTRACT BZD
OPTION #2001
OPTION #2004
OPTION #4404
OPTION #6001
OPTION #6003
NET CONTRACT kRiCE
Neutralizer
Front wheel drive
~xtendLng dipper
Strob~ light
Vandal protection
$ 3S,980.00
$ 675.00
$,180.00
3,420.00
185.00
N/C
The
accordance with your request:
19.5L 24 10-ply rear tires
(If purchased with 4 wheel drive option)
~ JCS ~2~ $ 4S,440.00
. ~ G~.sn~rc control neu-~-~ ~.~__~u equip~ea
o~l(rn #200~ xs available , .... ~ ou=tone. Whtl
, .... o~ users find it is ~1o~
% c~s~¥ with this extra cOn,re1
n.c.~ ~he provision o' - ~ _ -. Option #2004
producing 85 ne ........ ~-" =urDocaar~ed ~,- . would
unlike co~.~]~,."~t'~ Proper tolera~--i''J', .~=emai
following items are available on a non-contract basis in
nmi
,JOE MONEY
~~v~
$ 5%6.co
Additional lights, front and rear $ 6es.oo
(Please note the standard DMS contract
=we (2) £ron= halogen workligh=s, a~ two (2) rear
Malogen worklights. Additional lighting is
generally not required.)
Auxlll&ry backhoe hydraulics $ 2,425.00
(This price includes a front counterweight, which
may not be required, if quick coupler front
attachments or ~ulti-~urpose bucket iS purchased.
A deduct Of $300 can be taken to delete the
counterwei~h=)
Backhoe bucket coupler
$ 975.00
Dual lever controls
STANDARD
30" HD backhoe bucket
(In addition ~o standard 24. bucket)
$ 884.00
30" bucket, in lieu of standard bucket
65.00
ACS lS00 auto~aCic coupler
$ 2,150.00
ACS bucket adaptor blanks
$ 550.00
ACS ~0 HD utility forks
$ 2,375.00
Coupler installation $
(Includes boom piping and hose
connec~ions from standard third spool valve)
465.00
Labor tO adapt bucket
$ 450.00
Bolt-on reversible edge
$ 225.00
JCS offers a quick coupler system of their own design which ts
fully warranted and serviced by JCB and Joe Money Machinery CO.,
Inc. Prices for this equipment would be as lc'lows:
JCD Q-fit coupler
$ 2,625.00
JCB Q-fit utility forks
with 48" floatin~ tines
$ 1,195.00
96. Q-fit loader bucket
in lieu of 92" direct pin bucket
$ 450.00
t
Hydraulics fOr Q-fit couDler $ 465.00
Q-fit blanks to ad&pt
any additional equipment
that you presently own $ 5%0.00
Other non-contract items are available and include such equ~pmen~
items such al £ull powershift transmission, and the "S" aeries
which includes full powsrahift0 all wheel drive, all wheel steer
wi~h three (~) selechable modes, front and rear limited slip, and
a 92 ne= NP engine for at add of $6,400.00.
If you have any fur=her q~estions, please feel free to call me a=
1-800-292-3491.
Sincerely,
Merman McCoy
Branch Manager
i,,iJJ,,lll,,,tlllllt,,tlJll,tt,tlJll,,lll,',l
ROAD BUILDING AND CONSTRUCTION MACHINERY
1901 BENCHMARK AVE, FORT MYERS, FLORIDA 33905
No~ 11, 1996
Oucrm #~43
COhLFF'R COUNTY BOARD OF C.C.
Z901 COUNTY BARN ROAD
NAP~ ~, FL 3.3962
CO~ ~ 3ER COUNTY WATER DEPARTMENT
ATHq: JESSE
PER YOUR REQ~, WE ARE pT ~'ASED TO QUOTE THE FOLLOWING ~ FOR
YOUR CONS[DEl{AT]ON.
ONE (1) KOBELCO TlX760 TRAC'FOR LOADER BACKHOE
CANAPY, ROI::~,JFOPS
TRANS~ION STANDAKD
MECHANICAL FRONT WHEEL DR.I'VE - 4 ~. DRIVE
HYDRAUUC EXTENDING DIPPER
STROBE BEACON
VANDAL FROTECT]ON
5LX2,4, l0 FR REAR TIRES
ADDrTIONAL LIGHTS, FRONT AND REAR
~,/ARY HYDRAULICS FOR BACKHOE
BACKHOE BKT. COUPLER 4-02 ARM
DUAL LEVER CONTROLS
30' GP BUCKET
ACS- 1000 AJ/FOMATIC COL'Pt
ACS-OEM FEMAT,.w. ADAPTER
ACS-10 HI) UTE/TY FORKS
INSTALL HYDRAULIC COUPTFR CONTROLS
FABR/CATION TO ADAPT OEM BUCKET
BOE REVERSIBLE EDGE FOR LOADER BUCKET
LOADER BU~[ET 84" 1.2 CUBIC YARD
24" 2 PosrTION BACKHOE BUCKET
39,558.88
698.54
- 4 SlZ=~'D SOFF SH/FT
2,744.28
3,822.03
99.79
182.95
STANDARD 19.5X24 10 FR RF_AR
578.79
249,49
1,377.13
864.86
STANDAKD - DUAL LEVE~ BACKHOE
SINGLE LEV~ LOADER
0N~ OF ACS 15OO)
878.17
1,975.68
503.55
3,Z95.55
840.00
953.00
399.38
1,164.2,4
898.13
PURCHASE I::'I~CE F.O.B. FT'. MYEt~ $.59,983.43
APPROXIMATELY 2 - 4 WEEKS DM JVERY TIME FROM RECEIFI' OF ORDER.
THANK YOU, f~,. cr~ ~ c,~. / .
TIM FERGUSON CFFER FiRM FOR 343 DAYS - SUBJECT TO AVAILABILITY ~ .. :
JACXSONVILLE HOME OFFICE -- 4S52 PHILLIPS HIGHWAY PHONE lO4 -- T37.4401
POMPANO BRANCH -- 4000 N, POWERLINE ROAD PHONE 30S -- $74-1101 ; (74~
TAMPA BRANCH-- ~402 WEST TYSON AVENUE PHONE S13-- 137-~050 '
XE TIVE S MMARY
TO OBTAIN BOARD OF COUNTY COMMISSIONERS APPROVAL OF A BUDGET
AMENDMENT TO FUND NECESSARY MODIFICATIONS TO TRE NAPLES LANDFILL
LEACH.ATE PU1V[P STATION.
~: To obtain Board of Counq,' Commissioners approval of a budget amendment to fund
necessao' modifications to the Naples Land.fill Leachate Forcemain (pm'np station).
~RATIONS: Naples Landfill uses a metered leachate "for~maJn" to pump leachate into the
County's wastewater system. The meters are used by the County to charge Wasle Management, the
landfill operator, for leachate ~astev,'ater treatment costs. Howler, debris in the leachate is clogging the
meter, causing incorrect meter readings, restricting leachate flow and necessitating frequent meter
cleaning and unclogging. The meter and piping will be moved above ground, and a line strainer will be
added to prevent meter clogging and facilitate cleaning. These improvements will improve operation and
maintenance of the leachate pump station, and will pro'fide accurate flow-readings.
FISCAL IMPACT: $9,000 moved to 470-173414-631551-59016, from Solid Waste Department
reserves in 470-919010-991000.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION' That the Board approve and authorize the Budget Amendment funding this
project.
pREPARED BY:
REVIEWED BY:
REVIEWED BY:
~'S.~.,~ enharn. Solid Waste Co~rdina,or
//
Da~Sd W. Russell, Solid Waste Director DATE:
R%.tt d W. '
l~t~m ~bli~ Works
EXECUTIVE SUMMARY
APPROVAL OF BUDGET AMENDMENT RECOGNIZING AN ADDITIONAL $29,989 IN
STATE AID TO LIBRARIES IN FY97.
OBJECTIVE: To recognize and budget additional funds that the Collier County Public
Library System is authorized to receive in State Aid for FY 1997.
CONSIDERATIONS: The Board approved submission of the Application for State Aid on
September 21, 1996. Florida Statutes stipulate the manner in which these funds may be
expended.
State Aid to Libraries is, by legislative intent, provided to improve library services within
the State and is to supplement, rather than replace, local efforts towards that end. The Collier
County Public Library has qualified for State Aid to Libraries since the program inception in
1964. State Aid was included as anticipated revenue ($268,000) in the FY 1997 Collier County
General Fund Budget. The actual amount of State Aid received depends on the number of
Florida Counties qualifying and the amount of funds appropriated by the Florida Legislature.
This program was funded by the Legislature at a level which will provide $297,989 to Collier
County. This figure is $29,989 higher than State Aid received in FY 1996. As local
overnmental support for the Library increases, so does the amount returned to Collier
ounty in State Aid.
These funds can be used for any Library expense except fixed capital purchases such as
construction or equipment purchased as part of a construction project. Library staff is
recommending that funds be used for additional books, books-on-tape and electronic data
bases, as detailed on attached budget amendments.
FISCAL IMPACT: The Library General Fund Budget for FY 1997 will increase from
$2,825,900 to $2,855,889.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: Staff recommends Board approval of accompanying budget amend-
ment which recognizes additional State Aid and places the funds in appropriate expenditure
accounts.
PREPARED BY:
Jo~. Jones, Li~ary Director
REVIEWED B"& ~%=~~
Tom Olliff, Public ~ices Administrator
DATE: I ]D ~ /q~I
DATE:~~L' i~nd. ~;_~.
· 'l AM 'N M N ~ T
General Fund
(OOl)
IND TITLE
(FUND NO.)
Date prepared: 1/28/97
For Budget/Finance Use Only
JE~
BAR~
A.P.H. Date
TO BCC YES NO
If prevlou~y approved, BCC Agenda Date: __
Item No.
Attach Executive Summary
Library Administration
Cost Center Title
T Al
156110
Co~1 Center No. Proiect Title
Projea No.
EXPENDITURE
OBJECT CODE EXPENDITURETITLE
652670 Lib. Pubsr A/V & Non-Bgok$
766100 Books $
INCREASE
20~000
9,989
CURRENT REVISED
eUOG~r
$ 0 $, g,gBg
$ $ $
$ $
To~ % 29,989
Cost Center T~tle
URE
OBJECT CODE
Cost Center No.
,EXPENDITURE, TITLE
TotaJ $
Project Title
INCREASE
(DEQREASE)
CURRENT
BUDG~r
Projec~ NO.
REVISED
BuQ~
Library Administration
Cost Center Title
REVENUE
_ OBJECT CQDE
334710
Aid to
REVENUE BUDGET DETAIl
156110
Cost Center No. Project Title
Project No.
INCREASE CURRENT
REVENUE TITLE (DECREASE) BUDGET
Libraries $ 29,989 $ 268,000
REVISED
BVO~'
$.297,989
$.
TotaJ $ 29,989
EXPLANATION
Why&ri
Additional funds are needed to provide popular books on tape to branch
libraries, for additional reference books and to cover addit/onal costs of
electronic resources.
Wherearlfu~savaila~e?
Additional funds are available from the'State Library for 'Aid to Libraries'.
Annually the Library estimates the amount of State Aid for Collier County.
This year CCPL will receive an additional $29,989.
REVIEW PROCESS
COST CENTER DIRECt: .... ~ ~~~
DIVISION ADMINISTRATOR:
DATE[
BUDGET DEPARTMENT:
AGENCY MANAGER:
FINANCE DEPARTMENT:
CLERK OF BOARD ADMIN:
INPUT BY:
B.a. NO.:
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
AUTHORIZE THE PARKS AND RECREATION / SOLID WASTE DEPARTMENTS TO
PURCHASE RECYCLED PLAYGROUND SPORTS TURF FROM CONTRACT
CONNECTIONS, INC. FOR THE GOLDEN GATE COMMUNITY CENTER
PLAYGROUND PROJECT UTILIZING THE FLORIDA STATE NEGOTIATED
AGREEMENT PRICING SCHEDULE CONTRACT.
Objective: To have the Board of County Commissioners authorize the Parks and Recreation /
Solid Waste Departments to purchase recycled playground sports turf from Contract
Connections, Inc. for the Golden Gate Community Center playground project utilizing the Florida
State Negotiated Agreement Pricing Schedule Contract.
Consideration: The Collier County Solid Waste Department has cooperated with the Parks
and Recreation Department to provide a playground sport turf product made of recycled tire chips
for the Golden Gate Community Center playground project. This opportunity developed after the
FY 96 / 97 Waste Tire Grant acceptance by the Board of County Commissioners on 9-17-96,
Item 16B(12). The playground material was not included in the list of estimated tire grant
expenditures in that executive summary prepared by the Solid Waste Department but was
determined to a more beneficial use for the County rather than the traffic sign weed mats and
"other projects" estimates listed. The Tire Grant does not require State pre-approval of specific
expenditures, instead providing an outline of waste tire related expenditure categories including
purchase of products made from waste tires.
The Board's Purchasing Policy provides for buying utilizing State of Florida contracts exceeding
$25,000.00 (Section XIII.C).
Fiscal Impact: Funds are budgeted in Fund 472-173423-634999 ($40,000.00) to purchase
recycled playground sports turf.
Growth Management: None
Recommendation: That the Board of' County Commissioners authorize the Parks and
Recreation / Solid Waste Departments to purchase recycled playground sports turf from Contract
Connections, Inc. for the Golden Gate Community Center playground project utilizing the Florida
State Negotiated Agreement Pricing Schedule Contract.
Prepared by:
~ ~-~~,~ ~ Date:
Jl~an Dunnuck, Community Center Supervisor
Department of Parks and Recreation
Reviewed b~Date:
Steve Peffers, Recreation Supervisor
Department of Parks and Recreation
Skip 'Cam-p, Acting Director
Depart~mt of~arlcgand Recff'eation
David Russell, Director
Department of Solid Waste
Reviewed by:
Steve Cirnell, Purchasing Director
Purchasing Department
Thomas ~. Olliff, ~-d~rator
Division o£Publi¢ Services
Date:
Date:
Date:
Date:
-Agenda Lt _eq~
No
FEB ! 1 ~q.q7
Pg.
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY ACCEPT THE $30,000 FLORINET ENHANCED CONNECTMTY ASSISTANCI/
GRANT {LEVEL n') FROM TH'F. STATE OF FLORIDA, DEPARTMENT OF STATE,
DMSION OF LIBRARY AND INFORMATION SERVICES, AND THAT ~ FUNDS BE
PLACED IN EXPENDITURE ACCOUNTS ACCORDING TO TH'~- ATTACHED BUDGE'[
AMENDMENT.
OBJECTIVE: Recognize $30,000 in additional funds provided by the State of Florida,
Department of State, Division of Library and Information Services through the FloriNet
Enhanced Connectivity Assistance Grant {Level II), and place funds in expenditure accounts
as detailed on the attached budget amendment.
CONSIDERATIONS: The Board approved signing the FloriNet grant agreement on
December 10, 1996. Funds will be used to provide equipment, staff training, publicity and
software which will enable the Library Public access to selected internet data bases at all
Collier County Public Libraries. This project was begun with funds from the Friends of the
Library last year. The Public can currently access both the ER/C (Educational Resources in
Educat/on) and the LC-Marc Record data bases through any Library computer terminal.
Additional data bases which will be available to the Public include Encyclopedia of
Associations, various periodical data bases and a nation-wide telephone directory. Library
Staff is using the intemet in answering reference questions and to provide technical infor-
mation not readily available locally.
The Information Technolog~ Department is providing a significant portion of the network-
ing equipment necessary to complete this project as part of its approved budget for FY97.
Their work will make this project possible.
FISCAL IMPACT: The Library Grants Fund Budget (129) for FY 1997 will increase from $0
to $30,000.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: Staff recommends Board approval the attached budget amendment
recognizing this $30,000 grant and placing it in the expenditure accounts as indicated.
J4hn ~V. on~'-_n_~esff'l~i~rary Director
Williax~n Coakl~y, Inform~echnology '
REVIEWED BY:
Thomas W.VOlllfl~blic Services Administrator
Library
;ND TITLE
Grants
Date prepare: 1/28/97
BUDGET AMENDMENT
(129)
(FUND NO.)
REQUEST
For Budget/Finance Use ONy
JE~
BAR~
A.P.H. Date
TO BCC YES NO
Ifprevloudyapprov~,BCCAge~aDate:_. / /
EXPENSE
Library Administration 156110
Cost Canter T~tle
EXPENDITURE
OBJECT CODE
647110
651950
654360
764900
Cost Center No.
EXPEND TURE TITLE
Printing
Minor Data proc. Equip.
Other Training'"
D.P. Equipment'
To~
Item No.
BUDGET DETAIl
Florinet Enhanced
Project Thle
INCREASE
$ 2,OOO
$ 5,000
$ 1,000
CURRENT
8UOGET
^~ach Execut~e Summary
Connectivity- 33412
Projec~ No.
REVISED
$. O $. 2,000
S. 0 $ 5,000
S. 0 $,, 1,OO0
$ 20,000 $ 0 $20,000
28,000
Library
Administcation
Canter
5NDITURE
OBJECT C90~
652920
156110
CostCentetNo.
EXPENDITURE TIT~
.Computer Software Under
$500
Florinet
Enhanced
Project Title
INCREASE
$... 2,000
CURRENT
. BUDGET
$ 0
Connectivity 33412
Pr~ect No.
REVISED
$ 2,OOO
S. $
$ $.
S $.
To~ $. 3,000
Lib. Admin.
Cost Center Title
REVENUE
_ OBJECT CODE
334710
Aid
REVENUE
156110
Cost Center No.
REVENUE TITLE
to Libraries
BUDGET DETAIl
Florinet ....
To[aJ
Projec~ Title
INCREASE
30,000
S- RO,O00
CURRENT
BUDGET
S 0
33412
Projec~ No.
REVISED
BUDGI~D'
30, O00
EXPLANATION
Why ate funds needed?
Funds are needed to purchase equipment and software to provide public
relations literature for the Florinet Project.
Wl~re are funds available?
Funds are available through a grant from the State Library of Florida.
REVIEW PROCESS
DIVISION ADMINISTRATO~.~4,n...-. -- ,~~
BUDGET DEPARTMENT:
AGENCY MANAGER:
FINANCE DEPARTMENT:
CLERK OF BOARD ADEIIN:
INPUT BY:
B.A. NO.:
FEB 11 1997
~_ Pg',: .~_
Form No, CCOO4
I 0/01/gO
EXECUTIVE SUMMARY
TO ACCEPT A DRAINAGE EASEMENT FROM VINCENT W. MALERBA AND
KATHLEEN M. MALERBA WHO OWN THE PROPERTY KNOWN AS LOTS 11 AND 12,
BLOCK 37, MARCO BEACH UNIT TWO, MARCO ISLAND, FLORIDA, TO ALLOW THE
RELOCATION OF AN EXISTING STORM DR.AJ~.
~: To accept a Drainage Easement from Vincent W. Malerba and Kathleen M.
Malerba who own the property known as Lots 11 and 12, Block 37, Marco Beach Unit Two,
Marco Island, Florida, to allow the relocation of an existing storm drain.
CONSIDERATION: Vincent W. Malerba and Kathleen M. Malerba own Lots 11 and 12,
Block 37, Marco Beach Unit Two, Marco Island, Florida. There is an existing storm drain
!ocated in the center of these two (2) lots, which prohibits the Malerba's from constructing their
home in the desired area. The Malerba's were unable to relocate the storm drain to the outside
perimeter of the lot due to existing utility facilities. The Malerba's met with staffin the Planrfing
Services Department to determine an acceptable location for the storm drain. Ex.lzdbit "A", which
is attached to the Drainage Easement, indicates the new acceptable location for the storm drain,
which will allow the Malerba's to construct their home. The location and required documents
have been approved by Planning Services.
The County Anomey's Office has reviewed and approved the Drainage Easement. The County
Attorney's Office has also adv/sed staffthere may be a drainage and utility easement in the center
of these two (2) lots in favor of Marco Island Development Corporation pursuant to the plat
recorded in Plat Book 6, Page 25, Public Records of Collier County, Florida. The plat states that
Marco Island Development Corporation dedicated six (6) foot side easements on lots to be
utilized for the installation and maintenance of public utility and drainage facilities. However,
the following exception is noted: "Where more than one lot is intended as a building site, or
whose parts of one or more lots are intended as a building site, the outside boundaries of said
building site shall carry said side easements." It shall be the responsibility of the proper~
owners to resolve this issue with Marco Island Development Corporation.
FISCAL IMPACT: Recording costs in the amount of $31.50 will be paid by the Malerba's.
GROWTH MANAGEMENT IMPACT: None
IaG[ "
FEB 1 11957
ItECOMMENDATION: That the Board of County Commissioners:
(1)
approve and accept the Drainage Easement granted by Vincent W. Malerba and Kathleen
M. Malerba; and
(2) authorize staff to record the Drainage Easement and appropriate documents to clear title
to County's Drainage Easement in the Public Records of Collier County, Florida.
Ton¥'A.'Mott, Real Property Specialist
Bill Sp~fl. cer, Engineer I, PS~ngineering Review
REVIEWED B DATE:
Vincent~autero, Community Development Administrator
Leo E. Ochs, Jr., Sup~rvices Administrator
DATE:
[ Pg.- ~Y'[I
DR,AJ NAC, E EASEMENT
THIS EASEMENT. made and entered into this ~th day of _
1996, by VINCENT W. MALERBA and KATHLEEN M MALERBA, husband and
wife. whose mailing address is:1100 S. Colher Blvd., ~1422, Marco Island, FL
34145, as Grantor, er,~ COLLIER COUNTY. a political subdivision of the State
of Florida, whose mailing a0dress is 3301 East Tamiami Trail, Naples, Floriaa
34122 itl suCCessors and assigns, as Grantee,
(Wherever used herein the term,~ "Grantor' and Grantee" include all the
perbes to this insVument and their respective heirs, legal representer{vas,
~,~ccessors and assigns,)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10 00) anc~ other
valuable consideration pa~d by the Grantee, the receipt and sufficiency of wry,ch
iS hereby acknowledged, hereby conveys, grants, bargains ana sells unto the
Grantee, a perpetual, non-exclusive, license, and privilege to enter upon and to
install and maintain drainage and utility fac~hfies on the following c~escr~bed
lands located in Collier County, Florida. tc w~t:
See at,ached E~ibit "A" which is incorporated herein by reference
Subject to easements, resL,'ictions and reservations of record
'"The subject lands are not homestead lands."
TO HAVE AND TO HOLD the same unto the Grantee together w~th the
right 1o enter upon said land c. lace. e)"..ava;e ~d r~mO,.,e ma;.*,~,, lc; tn.:
purpose of construct,:., t, operating, and mamtainic, g drainage and ',hhTy fac~,,t~e$
thereon. Grantor anc~ Grantee are uspci tar singular or plural, as the context
requlre~
IN WITNESS WHEREOF, the Gram. or has caused~these presents to Ce
a^scuted the date and year hrst above w~,,en. /J
W~lnesses as lo bo~. _' , ~ /
/ '/. , <. , .....
~e~' ch=~ s~ ~e Taylo~ ymc~nt w Maler~a/
....
~inesg: / ~/ ' Ka:h~een M. Malaria -
Na~e:
Marco Island, FL 34145
STATE OF. J:r,.~
COUN~ OF ~;~.~
~he foregoing Drainage Easement ~s ackno~edged before
day of ~ ' ~,,. ,19~ by ~NCENT W. ~ERBA & ~THL~N M
~LERflA, ~o is personally kno~,t~m¢ ~ ~ ~
Prm:e~ Name:
NOTARY PUBLIC
EXHIBIT A
c~Nr~ ~ JOt t~. tH[NCr .~ S3?~7'SJ'W
PD~T ~ BCC)NN'qG. C~?A"NrNGl~91 S~[ ~(t. U~[ ~ LESS
AMERICAN ENGINEERING CONSULTANTS. INC
,SKETCH EASEMENT
FEB I 11997
)g
EXECUTIVE SUMMARY
RECOMMENDATION TO DECLARE CERTAIN COUNTY-OWNIED PROPERTY
AS SURPLUS AND AUTHORIZE A BALE OF THE SURPLUS PROPERTY
9_~: To authorize the sale and disposal of all surplus
County-owned assets at the next surplus auction which is scheduled for
Saturday, February 22, 1997.
C0NSIDSRATIQNS: Pursuant to the Purchasing policy, attached is an
itemized list of surplus property that has been transferred to the
Purchasing Department. The Board of County Commissioners has
approximately 275 Lots slated for the auction, of which 30 are surplus
vehicles, including four ambulances. The Collier County Sheriff,s
Office will also participate in the auction, and have approximately 30
surplus vehici. ~, miscellaneous computer and office equipment for this
sale.
The County has entered into a contract for a full-service auctioneer
with a Jacksonville firm, First Coast Auction & Realty, Inc., to
provide comprehensive auctioneer services to include preparation of the
auction site, preparation for the event, sale and disposal of all
surplus County-owned assets, and the transfer and disposition of all
property titles. This sale will be conducted pursuant to Section
274.06, Florida Statute.
The items on the attached list are being offered for transfer to other
departments prior to auction. In an effort to dispose of additional
surplus items received by the Purchasing Department prior to the
February 22, 1997 auction date, staff is requesting permission to
dispose of additional non-asset surplus items at the February auction
that may be received subsequent to the preparation of this Executive
Summary. Ail items sold and their realized values will be reported in
a follow-up Executive Summary.
~ISCAL IMPACT: The net revenue received will be credited to the
appropriate funds.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners authorize the
sale and disposal of all surplus County-owned items as per the attached
list.
Laura Celedonia, Buyer II
Purchasing Department
REVIEWED By: ~~ ~ ,~ S~C
Steve Carnell, CSM,~Director
Purchasing/General Services Dept.
LeonE. Ochs, Jr. Administrator
Support Services Division
DATE:
DATE:
DATE:
ITEM
50O
910
SURPLUS PROPI~RTY . 17~rET~ORY
ITEM DE SCRIPTION/SE RIA L_~.
~CPU
IBM CPU
501 910
910 NEC Monitor
503 910 IBM CPU 891838
504 910
505 910
506 910
507
508
5O9
510
511
910
910
910
PCS~s CPU
~Monltor
Co m_9~_2_~_q_Monlto r
~board
IBM__~board
IBM~l~_~_board
IBM Printer
Digital v'r320 monitor
512 910 IBM Monitor
513 910 Packarc{ Bell Monitor
514 910 Cannon Co.~i21er Table Top
515 910
516
521
522
525
526
910
910
910
910
910
910
528
529
531
533
536 910
537
910
510
510
542 910
543
546 910
547 910
553 910
554
31' Premier cutting_board
Leather side chair with arms
~ chair
BlaCk leather chair with arms
Plotter board w/digitizer
~lf metal bookcase
3 shelf metal bookcase
3 Drawer metal cabinet
Square oak coffee table
metal 4 d~awer file cabinet bad
Cannon co_~ler table to__~_0_,q-
copier table to_t_o_p ng
itney Bowes Burster Machine sn5094-6, Medel 3639
ital LA424 Milti-Printer on stand for greenbar
Shelved cabinet Formica 12 cubby holes
Credenza, Formica with 2 drawer~open center
tan with shade
Black metal 2 shelf bookcase
File cabinet, 2 drawer, brown
File cabinet~ 5 drawer, black
872108
862084
871814
862106
910420
900796
900794
890504m
36594
FROM
Dev Sen/Ices
Der Services
Dev Sen/Ices
Dev Sen/Ices 86900
Dev Sen/Ices
bev Sen/Ices
Dev Sen/Ices
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution Control
Pollution control
Pollution Control
890278 Pollution Control
950235 DOR
921O32 DOR
Clerk of Courts
6150
0758
Clerk of Courts
Clerk of Courts
Clerk of Courts
Clerk of Courts
Clerk of Courts
Clerk of Courts
557
558 910
559 910
560 910
561
562
563
564
metal index card files
Four WOOd/bur u._rg_~ cloth side chairs
Four visitor chairs with arm~kin colored fabric
tool box plastic- black
Tennant 17' floor buffer
910
Meter
~uter work table w__.W../.prlnter holder & paper slots
:k-up tool box ~.~_~asttc
911149
Clerk of Courts
Clerk of Courts
Clerk of Courts
Utilities
Utilities
utilities
Utilities
Utilities
ITEM
565
566
567
568
569
570
571
572
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
sgs~
596
597
598
599
6OO
601
602
603
6O5
6O6
607
6O8
609
610
612
613
614
615
616
FUND
910
SURPLUS PROPERTY - INVENTORY
910
~ Brown cloth chair on casters wooden arms
~ Wooden desk
910 ~40 monlt~oard
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
910
ITEM DESCRIPTION/SERIAL./
Brown Formic3 work surface
Pressed WOOd desk 2 drawer
Laborator~ dishwasher, not for home use (sterilizer)
panasonic laser._printer
wooden credenza
Wooden credenza_~Den middle
~320-AZ monitor k_~_~board
~20 monitor
~20 monitor k~..e.Yboard
~420 monitor
~20 monitor
~rlnter/workln~
Panasonic fax machine UF250
D._~i~ital LA755-AZ printer/does not w or
Citizen GSX145 printer
~uter/monitor~board
Lanier co.p_y machine 640
~ier SF 9750
~r
NCR 7930monitor with keyboard K018338
NCR 7930 monitor with keyboard K98-17179437
NCR 7930 monitor with kef'board K98-16687091
NCR 4920 monitor with keyboard 20264947
~ter not wor~ 6114337021
NCR 4920 monitor with keyboard W98-18433650
NCR 4920 monitor with keyboard 20264954
Okidata GES251-B printer working
8 two drawer filin~g_ cabinets r_~_~.~.8 1/~ x 7 I/4
NCR 4920 monitor 20264950
Microfiche viewer
Microfiche viewer
Microfiche viewer
Microfiche viewer
MiCrofiche viewer
Microfiche viewer
Credenza 84664/86628
Credenza
Wooden desk
900876
86776
930511
920561
910105
940839
87964
900632
871458
861865
881001
881008
85930
892034
892031
892037
92035
892036
892038
FROM
Utilities
Utilities
Utilities
Parks & Rec
Purchaslm
Pu rchasln_,q.~
IT
Purchasln~.~
Solid Waste
Water Dist.
Water Dist.
Water Dist.
Water Dist.
Water Dist.
water Dist.
Water Dist.
Water Dist.
water Dist.
Water Dist.
Parks & Rec.
Parks & Rec.
Parks & Rec.
)raiser
)raiser
)raiser
)raiser
~raiser
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Utilities
Small GE refrigerator Parks & Rec.
Parks & Rec.
small GE ~rator Parks & R..___~ec.
Two drawer file cabinet
Recepti_~on desk
Reception desk
Wooden typewriter stand
Sonozaire (dumpster deodorizer)
Parks & Rec.
Parks & Rec.
Parks & Rec.
Parks & Rec.
SOlid Waste
SURPLUS PROPERTY - INVENTORY
ITEM FUND ITEM DESCRIPTION/SERIAL/ ASSET L____ FROM
~ 910 Samtron monitor B&W Solid Waste
618 910 Microfilm viewer with base Tax Collector
619 910 Microfilm viewer with base Tax Collector
"'620 910 Two cream leather side chairs, w/arms Clerk of Courts
622 910 Navy cloth slcle chair, w/arms Clerk of Courts
623 910 Gray cloth slcle chair, w/arms 87510 Clerk of Courts
624 910 Black metal/Vinyl chair, w/arms Clerk of Courts
625 910 Brown woocl/vinyI chair w/arms Clerk of Courts
, ,626 910 Brown cloth/vinyl chair, w/arms on wheels Clerk of Courts
627 910 Four assorted chairs Clerk of Courts
628 910 Assortecl secretary chairs Clerk of Courts
630 910 Green convas/wood director's chair Clerk Of Courts
631 910 Two blue fabric swivel chairs, larc,]e Clerk of Courts
634 910 Brown fabric hic,]hback chair on wheels, metal base Clerk of Courts
635 910 Brown fabric/vinyl chair on wheels, wooden base Clerk of Courts
638 910 Black fabric high Stool on wheels Clerk of Courts
639 910 Two c~ray metal ad)ustable stools Clerk of Courts
640 910 Four assorted secretary chairs Clerk of Courts
641 910 Brown Formica 7-shelf unit~ 5'x2' Clerk of Courts
...643 910 Wooden 2-shelf unit, painted white Clerk of Courts
644 910 Metal clesk, 2 drawers on ric~ht wide Clerk of Courts
645 910 Metal/Formica computer work stand Clerk of Courts
646 910 Metal credenza~ 6 clrawer Clerk of Courts
647 910 Metal 4 drawer file cabinet, green Clerk of Courts
648 910 Formica 5' task table~ brown Clerk of Courts
~ 649 910 Formica/metal table~ 4x3 Clerk of Courts
___~50 910 WooO task table Clerk of Courts
'"' 651 910 Wood/Formica table~ white/black 664 Clerk of Courts
652 910 Formica table, 3 '/~ x 2 1/~, Drown Clerk of Courts
653 910 Formica table 3 I/~ x 2 I/h brown Clerk of Courts ac
654 910 Formica table 3 1/2 x 2 I/~. brown Clerk of Courts
655 910 Formica table 3 '/~ x 2 '/2~ brown Clerk of Courts
656 910 Formica table 3 t/~ x 2 I/~ Drown Clerk of Courts
658 910 Wooden 2 shelf shop table Clerk of Courts
,. 660 910 Metal shOp table~ Formica top~ center Orawer~ gray Clerk of Courts
661 910 Metal shop table~ Formica top~ center Orawer~ brown Clerk of Courts
662 910 Wooden table~ 8' white top Clerk of Courts
663 910 Wooden table 8' white top Clerk of Courts
665 910 Formica work table w/added elevated lecl~e~ brown Clerk of Courts
666 910 Imtec Ad Microfilm~ 3Smm Roll Camera (16 pieces) Clerk of Courts
668 910 Adiustable computer table Clerk of Courts
669 910 Brown Formica open cabinet Clerk of Courts
670 910 Wooden table~ 5x2x3 2143 Clerk of Courts
671 910 Seven pressed wood desk risers 4 x 1 Clerk of Courts
672 910 one pressed wood desk riser 2 x 1 Clerk of Courts
673 910 Two Formica desk risers~ square Clerk of Courts
674 910 Tan metal slanted printer stanO Clerk of Courts
675 .... 910 2 Wooden/cork tack board Clerk of Courts
676 910 TWO metal typewriter stands Clerk of Courts
677 910 IBM selectric typewriter Clerk of Courts
678 910 3M reader-printer~ sn127962 Clerk of Courts
i 679 910 Mita DC 1205 COllier Clerk of Courts
680 910 Micobra A-9 micro du[~licator 890435 Clerk of Courts
I681 910 KoOak trimite microfiche reader 10601 Clerk Of Courts
682 910 Micro-file film unit
3 -
FEB 11,1997
SURPLUS PROPERTY - INVENTORY
ITEM FUND ITEM DESCRIPTION/SERIAL jl ASSET jl FROM
683 910 Olympia startype typewriter with 18 ribbons Human Resources
684 408 Compaq deskpro CPU 911136 Utilities ·
685 408 Compaq deskpro CPU 911135 Utilities
686 408 IBM CIPU & monitor 871423 Utilities
,,687 408 Payless computer~ monitor & keyboard 930304 Utilities
689 408 Wooden printer stand Utilities
690 910 Fabric/wood executive chair 85354
691 910 Digital VT 420 Monitor Utilities
692 910 Di~lltal VT 420 Monitor & Keyboard Utilities
693 910 Digital VT 420 Monitor & Keyboard Utilities
694 910 DIc;lital VT 320 Monitor & Keyboard 891534 Utilities
695 910 TWO stackln~l chairs w/arms~ brown Tax Collector
696 910 Stackin~l chair w/o arms~ brown Tax Collector
697 910 Leather secretary chair~ Black Tax Collector
698 910 Cloth secretary chairf brown Tax Collector
699 910 Leather secretary chair~ brown Tax Collector
700 910 Cloth secretary chalr~ brown Tax Collector
701 910 Leather & cloth secretary chair Tax Collector
702 910 Cloth secretary chalr~ brown TaX Collector
703 910 Leather & cloth secretary chair~ black Tax Collector
704 910 Leather & cloth secretary chair Tax Collector
705 910 Six drawer card filing cabinet~ brown Tax Collector
707 910 Four drawer vertical file with Iock~ ~lray ~iood condition Tax Collector
708 910 Four drawer file cabinet~ ~Iray c, loocl condition Tax Collector
710 910 Three drawer (2 card) file cabinet Tax Collector
711 910 IBM Electric typewriter Prop Appraiser
713
Lathem Time Clock ~er
910
714 910 Eleven rolls of thermal fax paper Labelon Dr2-144 Prop Appraiser
715 910 Three File cabinets 2 drawer c, lray 18 I/2 x 7 % Prop Appraiser
716 Compaq deskpro 286f CPU~ monitor~ keyboard 87819 Stormwater Mu, it
717 910 Monarch 14' aluminum Jon boat with trailer 84621 Stormwater M~t
718 910 100 Gal fiberc)lass tank 9929 Stormwater M~lt
719 910 300 Gal stainless steel tank 9931 Stormwater
720 910 Generator~ Onan 30EC 3Re/1928L 2SKW~ 120/240 VOI~S 60 Cycle Facilities M~t
721 910 Kroytype labelmaker with discs 82276 Natural Resources
722 522 1990 Chevrolet Cavalier 1G1JCS4G2LJ227293 71435 900017 Fleet M~lt
723 522 1990 Chevrolet SlO Blazer 1GNCT18ZTM8124844 60851 900027 Fleet MC, it
724 522 1990 Chevrolet G20 Carc~o 1GCEG25ZTL7148906 66324 900029 Fleet Mc, it
725 522 1990 Chevrolet Blazer 1GNEV18KXLF154307 86545 900030 Fleet Mc, it
726 522 1990 Chevrolet C20 Car~io 2GCEG25ZSL4135888 51615 900036 Fleet Mc, it
727 522 1990 Chevrolet C3500 1GBGC34NSLE2522125 51327 900041 Fleet Mc, it
728 522 1991 Chevrolet C30 2GAGG39K3M4119923 136549 900050 Fleet M~lt
SURPLUS PROPERTY - INVENTORY
ITEM FUND ITEM DESCRIPTION/SERIAL ~ ASSET ~ FROM
~ 729 522 1991 Ford E350 Ambulance 1FDKE30M4MHB07957 147907 10 Fleet MC, it
730 522 1991 Chevrolet C~valier 1G1JC54G6MJ171408 103852 910013 Fleet MCat
731 52'~ 1991 Chevrolet C~valier 1G1JCS4GSMJ170539 56954 910015 Fleet M~lt
732 522 1991 Chevrolet Corsic~ 1GILT63TXME127501 51173 910016 Fleet MC, It
733 522 1991 Chevrolet corsic~ 1G1LT63T3ME127632 79262 910019 Fleet Mc, it
734 S22 1991 Chevrolet Corsic~ 1G1LT53T7MY145088 74347 910020 Fleet Mc, It
735 522 1991 Chevrolet K1500 1GCDK14ZBMZ153124 94717 910029 Fleet Mc. it
736 522 1991 Chevrolet S10 4WD 1GCCT14ZgM2250236 127327 910033 Fleet Mc. It
737 522 1989 Ford Bronco 1FMCU12TIKUA96615 112279 910512 Fleet Mgt
738 522 1993 Chevrolet C1SO0 1GCDC14Z6PE166088 ? 930016 Fleet Mgt
739 522 1991 Ford E350 Ambulance 1FDKE30M3MHB03642 139057 S Fleet Mgt
740 144 1979 Ford F700 Fire FTOCVEA9845 79113 Isle of Capri
741 522 1991 Ford E350 Ambulance 1FDKE30M2MHB06208 132370 8 Fleet Mgt
742 522 1987 Ford F700 1FDNF70H7HVA30333 108922 87864 Fleet Mgt
7z~3 522 1991 E350 Ambulance 1FDKESOMXMHB06215 128205 g Fleet MC. It
744 522 1989 Chevrolet C2500 1CGCFC24ZXKE208799 55682 890035 Fleet Mgt
746 522 1989 Chevrolet C3500 qGBGR34K4KF305071 ? 890060 Fleet Mgt
748 522 1991 Chevrolet K1500 1GCDK14ZgMZ152791 910023 Fleet Mgt
749 522 1991 Chevrolet K1500 qGCDK14ZgMZ156632 ? 910032 Fleet MCat
751 522 1991 Chevrolet C200 qGBGC24KgME148206 910045 Fleet Mc. It
752 522 1991 Chevrolet C2500 1GBGC24K6ME158854 ? 910046 Fleet Mgt
753 522 1991 Chevrolet C2500 1GBGC2Z~K2ME148158 910047 Fleet Mc. it
755 522 1993 Chevrolet C1500 1GCDC14ZXPE167566 ? 930012 Fleet Mgt
756 910 8 IBM Correcting Selectric Typewriters Tax Collector
-~57 910 3 Xerox 6010 Memorywriter electronic typewriters Tax Collector
~1~58 910 3 Xerox Memowriter electronic typewriters Tax Collector
759 9t0 4 C,Itoh Printers, Model C315 Tax COllector
760 910 2 Okidata Microline 92 Printers Tax Collector
761 910 8 calculators Tax Collector
762 910 2 NCR CheCk( validators Tax Collector
763 910 7 KeybOardS Tax Collector
764 910 6 NCR CPU'S Tax Collector
765 910 7 NCR Terminals Tax Collector
766 910 Misc. COrdS & Plastic typewriter covers Tax Collector
767 910 IBM CPU, monitor~ keyboard 87473 Court Admin
768 910 IBM CPU, monitor~ keyboard 87470 Court Admin
769 910 IBM CPUr monitor, keyboard 88856 Court Admin
770 910 IBM II CPU~ monitor~ keyboard 88723 Court Admin
771 910 PC Systems CPU, CT)( MOnitor, keybOard 920725 Court Admin
772 910 TWC CPU~ Monitor, keyboard 900505 Court Admin
773 910 PC Systems CPU~ Vextrex Monitor, keyboard 21057 COUrt Admin
774 910 CPU, Magetronic Monitor, keyboard 911175 Court Admin
775 910 Epson 3000 Fax 901226 Court Admin
776 910 Digital VT 320 Monitor, keyboard Transportation
777 910 Panasonic KXES08 typewriter 910258 Transportation
778 910 Murata F40 Fax Machine Transportation
779 910 Digital VT320 Monitor, keyboard Transportation
780 910 Digital VT 320 Monitor, keyboard Transportation
781 910 Digital VT 320 Monitor, keyboard Transportation
782 910 2 Panasonic typewriters Court Ac~min
783 495 Fire Boss Steve ROC¢O Will deliver 394-3355 951020 Airport Authority
-.~784 495 TOrO Riding Mower, Red Steve ROCCO will deriver 951017 Airport Authority
~5 495 150//dr'¢ chemical fire extinguisher Steve ROCCO will deliver 951021 Airport Authority
-~-/86 495 John Deere AMT Utility Vehicle at Fleet Management 921149 7~;;~,~.~-~ .....
FEB 1/l. 1997
Pg. q# .
ITEM
787
788
789
910
910
910
790 910
791 109
792
793
794
795
796
797
910
910
910
SURPLUS PROPERTY - INVENTORY
798 910
799 910
800
801
802
803
804
805
806
807
808
809
810
811
812
813
81~------
815
816
817
818
819
910
910
910
910
910
910
910
910
910
910
910
ITEM DESCRIPTION/SERiAL_.L
0 line Plotter LP3500
Formica Counter
Wooden seatln~ench
3 Formica rectan~_ular conference tables
Dixie Ch~ Mower at Fleet Management
~VT220 monitors with keyboards
6 VT320 monitors with ke~ards
VT 420 Monitor with keyboard
MIsc. f I I J n t ~o._~_~.y~_e t c.
Hewlett Packara~th LOTUS 123
GBC Image Maker 2000 81ndincj Machine
IBM~writer
~ewrlter '---'--
~rinteF--'--
Star NX2460C Printer
Di ital LA75com anion rinter
IBM Personal COUnter
~et 28 Printer
IBM Pro PrinterX24E
3 Monitor bases
2 executive chairs
~x 19' color television With remote does not work
Wooden_____~Work table
~Scat Trak 1997
Contac Color Television works
8urle Security_.monltor
Painted table
~table lamps & a stool
Slide out drawer
Wooden compartment 5 shelves
6 Secretary chairs
910 1993 Florida StatUt~lement
910____~___ Mi~_~ier
901213
921058
88196
910656
FROM
Facilities
Clerk of Courts
BCC
Clerk of Courts
Pelican Bm
Dev Services
Der Services
DevServices
Dev Services
Dev Services
Dev Services
Dev Services
Dev Services
Der Services
Dev Services
Der Services
Dev Services
Der Services
Dev services
Der Services
Clerk of Courts
Purchasin._~__~
Clerk of CourTs
Solid Waste
Clerk of Courts
Clerk of Courts
clerk of courts~q
Clerk of C..___~ourts
Clerk of Courts
Purchasln_~_.~
Court Admin
I FEB 1 11997 I
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE A BUDGET
AMENDMENT RECOGNIZING CARRY FORWARD IN
INFORMATION TECHNOLOGY FUND 505.
OBJECTIVE.: To obtain approval from the Board for a Budget
Amendment recognizing FY96 carry forward.
DESCRIPTION: The Ir~formation Technology Office Modernization
program is moving into its second year of execution. A number of
unanticipated expenditures need to be incurred in order to move ahead on
the project. As a result, a budget amendment is required to cover these
items: $32,460.20 for the purchase of telephone service equipment, tools,
spare parts and related items; $32,796.00 in funds for MIS charges assessed
to support MIS Administration & Overhead as a function of computer usage
for Special Assessment Processing and for MIS charges for operation labor
in excess of amount originally estimated by MIS; $17,000.00 for contract
services and $6,300 for creation of an Information Technology depot and
staging area in the Health and Community Services Building. The total
($88,556.20) represents 73.8% of the total carry forward available of
$120,000.00
FISCAL IMPACT: The carry forward of these funds will assist in project
completion and will increase net appropriations as follows:
Cost Center 121142
Cost Center 121140 --
Reserves 919010 --
$55,760 for Communications as
described above.
$32,796 for MIS charges as described
above.
$31,444 Balance of Carry Forward.
GROWTH MANAGEMENT IMPACT:
None.
FEB 1 1 1997
MMENDA I N: That the Board ofCounty Commissioners
approve a Budget Amendment recognizing project carry forward as
described herein.
SUBMITTED BY: Date:
Director, Information Technology
APPROVED BY: ~6 Date: ~
Administrant, Support Services
RECOMMENDATION THAT THE BOARD APPROVE THE ASSIGNMENT OF THE LAWSUIT
TITLED, GREGORY VS. COLLIER COUNTY, CASE # 97-0122-CA-01-TB TO DAVID E. BRYANT,
ESQUIRE AUTHORIZING STAFF TO PREPARE AN AMENDMENT TO THE CURRENT
CONTRACT BETWEEN DAVID E. BRYANT, ESQUIRE AND TIlE COLLIER COUNTY BOARD OF
COMIV[ISSION~RS.
OBJECTIVE: To __o~_k approval from the Board of Commissioners to asaign thc lawsuit. Gregory vs.
Collier County to David E. Bryant and authorize the preparation ora contract amendment.
CONSIDERATIONS: The Board of Commissioners has enter~l into a contract with David E. Bryant,
Esquire for legal representation involving various lawsuits against Collier County. Mr. Bryant is a former
Assistant County Attorney and during Ids employment with the County represented the Board in various
litigated matters.
One of the cases Mr. Bryant handled was the lawsuit titled, Myers and Olsen vs. Collier Count)' which
invoh'ed a motor vehicle accident at the intersection of Miller and Stewart Boule~,ards in the Southern
Golden Gate Estates area of the Count)'. Mr. Br)'ant handled this case to its conclusion which included
disc, over)' and eventually a mediated settlement which was approved by the Board of Commissioners. The
Gregor)' vs. Collier Count)' lawsuit is a companion lawsuit to the Myers and Olsen case and involves the
same factual matlers and parties as the Gregory case.
Given Ids intimate involvement with the Myers lawsuit, it is recommended that Mr. Br)anl's contract
with the Count)' be amended to add the Gregory lawsuit. Mr. Bryant's contracted hourly fee is $95 per
hoar and this rate would be applicable 1o the Gregor)' lawsuit as well. This recommendation has been
reviewed and approved by the Count)' Atlorn~"s ofl"ice.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: The hourly rate according Io the current contract with David E. Br)'ant is $95 per
hour. Typical fees for cases such as this run between $15,000 and $25,000, ho~'ever, il is difficult to give
an e.xaca cost determination until a case evaluation is performed by Mr. Br)'ant It is expected that fees for
this case should be somewhat lower due to the diseover)' already completed during the Myers case. Fees
will be paid from Fund 516-121650-645920 (insurance claims).
~COMMENDATIQN; It is recommended that the Board approve the assignment of the lawsuit,
Gregor)' vs. Collier Count)' to David E. Br)'ant, Esquire, authorizing an amendment to the current contract
bet,,veen David E. Bryant and Collier Count)' for the chairman's signature, subject to the approval for
legal sufficienc)' by the County Attorney's office.
PREPARED BY: ~..c,'~.k,~,/?ff~Z~'' DATE:
d~fidq~lkcr, ARM, Risk Management Director
REVIEWED BY:'''''~-. cd" t_.,z'.-j~ DATE:
Leo E. Ochs, Jr., Supporl/Sers'iCes Administrator
FEB 1 1 1997
APPROVAL OF BUDGET AMENDMENTS
BCC AGENDA OF 2/I 1/97
WATI~ MANAG~ CIP (325)
BUDGET AMENDMENT 97-142
Cocohatchcc Ca~!
Capital Outlay (Cypress Way E. ~ojcct 3120'/) S13,000
Capital Outlay (Imp. WestdFPL Project 31203) (13.000)
Tolal 0
Explanation:
To install 230 ft. of 24" storm drain and associated work a! west end of Cypress Way E. in
Palm River to repair drainage outfall damaged in 1995 storms.
Community Development
Capital Outlay
Operating Exper~e
Total
Explanation:
INFORM. AT/ON TECHNOLOGY (505)
BUllET AMENDMENT 97-147
($4,56O)
To realign budget items from capital to operating to aJIow for purchases of computer equipment
and software under $500.
AGENDA IT~E.M
No._l a(';)
FEB I 1997
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
February 11, 1997
· ' o w' c 'o
ae
Cow Slough Water Control District - October 24, 1996
and agenda.
Be
Cow Slough Water Control District - November 21, 1996
and agenda.
Ce
South Florida Water Management District Workshops -
December 10, 11, 1996 and agenda for January 15.
Minutes of December 12, 1996 meeting and agenda for
January 16,1997.
DJ
South Florida Water Management District - October 9 and
10, 1996. Agendas for November 13 and 14, 1996.
Ze
South Florida Water Management District - November 13,
14, December 12, 1996. Agenda for December 10 and
addendum for December 12, 1996. Minutes for Human
Resources/Audit Committee - September 11, 1996 and
agenda for December 10, 1996.
November 12, 1996 letter to Dwight Brock from Joan
Owens including final Annual Certified Budget for the
Collier Mosquito ~ontrol District for Fiscal Year
96-97, Current District Map and registered office and
agent.
Ge
He
Port of the Islands Community Improvement District -
October 24, November 5, 21 and December 19, 1996.
Immokalee Lighting and Beautification District Official
Ballot Pursuant to Chapter 63-1242.
Fiddler's Creek Community Development District -
Landowner's meeting - September 25, 1996. Regular
meeting - August 20, September 25, and October 28,
1996.
November 5, 1996 letter to Dwight Brock from James Ward
enclosing the District's Proposed Operating Budget for
Fiscal Year 1997.
Ke
AGENDA ITEM
No.
FEB 1 1
Dove Pointe Community Development District - reconvened
June 22 meeting held June 28, 1994; reconvened July 7
meeting held July 14, 1994; reconvened August 24
meeting held August 31, 1994; reconvened August 31
meeting held September 8, 1994; reconvened December 1
meeting held December 8, 1994; reconvened November 23
BOARD OF COUNTY COM]4ISSIONERS
MISCELLANEOUS CORRESPONDENCE
February ll, 1997
meeting held December 1, 1994; reconvened November 16
meeting held November 21, 1994; reconvened November 9
meeting held November 16, 1994; reconvened November 3
meeting held November 9, 1994; reconvened November 21
meeting held November 21, 1994; regular meeting -
August 24 and November 4, 1995; September 25, 1996;
October 22, 1996. Landowners meeting - September 25
and December 6, 1996. Naples Heritage Community
Development District - November 18, 25, December 9,
1996.
Minutes:
The Beach Renourishment/Maintenance Committee agenda -
January 3, 1997. Referred to BCC.
Golden Gate Community Center Advisory Board - December
2, 1996. Referred to BCC.
Ce
Collier County Historical/Archaeological Preservation
Board - December 13, 1996 and agenda for January 10,
1997. Referred to BCC.
Environmental Policy Technical Advisory Board agenda
for January 13, 1997. Referred to BCC.
Ze
Tourist Development Council agenda for January 13,
1997. Referred to BCC.
Collier County Planning Commission agenda for January 2
and 16, 1997. Referred to BCC.
Ge
Collier County Airport Authority agenda - January 13,
1997.
Golden Gate Community Center Advisory Board - January
6, 1997
Council of Economic Advisors - October 2, November 13
and December 11, 1996.
Ochopee Fire Control District Advisory Board - December
9, 1996.
Technical Advisory Committee/Citizens Advisory
Committee - December 11, 1996 and agenda of January 22,
1997.
ne
Parks and Recreation Advisory Board - December 18, 1996
and agenda of January 22, 1997.
County Government Productivity CommittI -N~b~.~8,
1996 and January 15, 1997. .
FEB 11 1997
Pg. ~
Pe
Qe
Re
Se
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
February 11, 1997
Marco Island Beach Renourishment Advisory Committee -
December 4, 1996 and agenda for January 8, 1997.
Referred to BCC.
Marco Island Beautification Committee - January 7, 1997
and agenda for February 4, 1997.
Affordable Housing Commission Meeting - November 19,
1996. Referred to BCC.
Environmental Advisory Board - December 6, 1996,
January 8, 1997 and agenda of January 8 and February 5,
1997.
Library Advisory Board - July 24, October 23 and
December 11, 1996.
Code Enforcement Board - October 30, November 25,
December 12, and December 13, 1996. Referred to BCC.
Pelican Bay MSTBU Advisory Committee - December 4, 16,
1996, January 8, 1997 and agenda of January 8 and
February 5, 1997.
AGENDA ~!EM
No. /~' . .
FEB 1 1 1997
Pg.. ~