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Backup Documents 07/22/1997 RBCC~~OF duly 22, 1997 O0~qD OF COtATFY CC:~I][SSZO~AS A.TN: RA~CY SALOGUI! lOX 413016 #APLES FL ~101-3016 IIEFER£NCE: 001Z30 ~701237 S7~37Z21 ~IOTICE OF ~C ~EE C~ty ~ Collier ~ore t~ ~rs~ ~ty, ~r~tty ~er~ O. ~, ~ ~ ~th ~yl t~t h Je~es ~e~ty Ms, I ~Jty ~ ~ ~ t~ ~rt~st~ ~s ~tt~ tn ~r ~ ~tes ttst~ Aff~ fu~t~r ~l t~t t~ ~td ~te~ Oatty ~r ~s ~retof~e ~ ~tt~ ~n ~d Cotttee ~ty, Ftort~, each ~ ~ ~s ~ ~ter~ ~ s~ ctoas ~tL Mtt~ ~ t~ ~st Otft~ tfl ~tes, tfl ~td ~ttler C~ty, [t~t~, for I furt~e ~O t~t ~ ~l ~tt~r ~d d4s~t, r~te, ~tsst~ DP ref~ for t~ ~r~e of ~et~ this ~ertts~t for ~ttcett~ tn t~ Mtd 0?/20 AO SPACE: &&.GOO INCH FILED ON: Stgr~turo of Afftmt COLLIER COUNTY BOARD OF CO~FI"f CO~MISSI~ AGENDA July 22, 1997 9:00 A.M. NOTICE: ALI. PERSONS WISHING TO SPEAK ON ANY AGENI~A ITEM MUST RE~ISTER PRIOR TO SPEAKING. REQUESTS TO ~ THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA l~UST BE SD~TrED IN WRITING W/TH ~TION TO THE COUNTY AI~iNISTRATOR AT LEAST 13 DAYS PRIOR TO TI~ I~ATE OF THE MEETIN~ AND WILL BE HF2tRD UNDER 'PUBLIC PETITIONS'. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO E~SURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE ~ AND EVIDENCE UPON WHICH THE APFF2%L IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) M/NUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BT ASSISTED LI~T~ll~G DEVICES FOR THE ~ Il(PAIRED AVAILABLE IN THE COUNTY C~MISSIONERS' OFFICE. ~ON(~ l~k'?~S ~]tE~3L~ FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION Approved and/or Adopted with c~anges - 5/0 4. APPROVAL OF MINUTES A. June 10, 1997 - Regular Meeting. B. June 17, 1997 - Regular Meeting. C. June 18, 1997 - Budget Workshop. D. June 19, 1997 - Budget Workshop. E. June 23, 1997 - Budget Workshop. F. June 24, 1997 - Regular Meeting. Approved as Presented - 5/0 5. PROCLAMATIONS AND SERVICE AW~RDS Page 1 July 22, 1997 l) Pablo Salinas - Parks & Recreation - 20 years. 2) Albert Compton - Building Review & Permitting - 10 years Richard Noonan - Building Review & Permitting - 10 years 4) Ramiro Ponce - Road & Bridge - 10 years 5, Judith Radi - Social Services - 10 years Presented 1) Recommendation to recognize Roy Lewis, Fleet Management, Facilities Management Department, Support Services Division, as Employee of the Honth for July 1997. Recognized 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CO~F~]~GENCIES. 7. PUBLIC PETITIONS 8. C0~NT~'AIa~/]FiSTRATOR'S REPORT 1) Approval for Collier County's sponsorship of ISTEA Transportation Enhancements Projects. Approved 5/0 B. PUBLIC WORKS 1} Recommend that the Board of County Commissioners adopt a Resolution and approve an Interlocal Agreement between the City of Everglades and Collier County. Res. 97-290 - Adopted 5/0 2) Approve additional funding for the South County Regional Water Treatment Plant Odor Control System. 5/0 C. PUBLIC SERVICF~ E. COiINTY AII(INI STRATOR 1) Consideration of an employee tuition reimbursement policy. At, proved with a $20,000 allocation - 5/0 Page 2 July 22, 1997 2) This item has been deleted. 3) To adopt proposed millage rates for the FY 98 Collier County Budget. Res. 97-291 setting the countywide millage rate of 3.7316 - Adopted 3/2 (Co~mu[ssioners Mac'Kie and Berry opposed) 4) Presentations and selection of Financial Advisory Firm. William R. Hough & Co. selected; Staff to enter into annual fee negotiations and report back ATTORNEY'S REPORT Discussion regarding Charter School issue (Commissioner Mac'Kie) Discussed and Item to be heard again in its entirety next week B. Issue regarding clarity on accepting gifts. (Commissioner Mac'Kie) Discussed 10. BOARD OFCfK~FrYCOMI~ISSI~ Appointment of members to the Contractor's Licensing Board. Res. 97-292 appointing Richard Joslin, Robert Meister, Jr. Thomas Megger - Adopted 5/0 ' Discussion regarding extension of term on Airport Authority. Term of Neno Spagna extended to September 8. 1997 - Approved 5/O C. Appointment of member to the Environmental Advisory Board. Res. 97-293 appointlngMarco F~i~ - Adopted 5/0 D. Appointment of member to the Golden Gate Beautification Advisory Committee. Res. 97-294 appointing Mark W. Houghton - Adopted 5/0 g. Discussion regarding Advisory Board Policy. County Attorney to amend policy to include ~t only the Cc~mdssioncanappolnt or terminate members. F. Reconsideration of Audit regarding TDC funds for the golf tournament (Commissioner Mac'Kie) No action. Contract between the City of Naples and Collier County for the use of the specific county voting and ballot tabulation equipment for the city election of February 3 1998. Approved - 5/0 ' Page 3 July 22, 1997 PUBLIC CONMEN~ ~ ~ ~picS Jerry Berry regarding the increase for Parks & Recreation facilities. Item ~6Cll to be reconsidered at June 29 ~997 PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS AUVERTISED PUBLIC tIEARINGS - BCC A. COMPREHENS~ PLAN ~S 1} Petition PUD-97-3, Dwight Nadeau of McAnly Engineering and Design, Inc., representing James R. Colosimo, Trustee for the Ultimate Land Trust, requesting a rezone from "A" Agricultural and 'MHO' to PUD to be known as Twin Eagles Golf and Country Club for a maximum of 275 dwelling units for property on the north and south sides of Immokalee Road (C.R. 846) in Secs. 17, 20, 29 and 30, T48S, R27E, consisting of 1,374.09 acres. Ord. 97-29 Adopted as a~_nded 5/0; Staff directed to meet with representatives of the Con~ervancy to discuss develo~mm~nt within the rural area to be incorporated in the Growth Management Plan/LandDevelopm~_nt Code 2} Petition R-97-1, Robert Self requesting a rezone from Agricultural to 'DO{" Mobile Home for property located on the southwest corner of Carson Road and Curry Road in Immokalee in Sec. 31, T46S, R29E, consisting of 3.10 acres, more or less. Ord. 97-30 Adoptedwith sti~ulation 5/0 1) Request for Board to consider adoption of an ordinance amending Ordinance No. 96-6, "The Utility Regulation Ordinance', by amending Subsections 1-3 (E) (1) and (2) to modify criteria required and preferred for appointment of applicants to become members of the Collier County Water and Wastewater Authority. ' Ord. 97-31 Adopted 5/0 2) Recommendation that the Board of County Commissioners adopt an Ordinance amending Ordinance 96-83, the Collier County Building Construction Administrative Code. Ord. 97-32 Adopted 5/0 3) Petition DOA-97-1, William R. Vines of Vines & Associates, Inc., representing Pelican Strand Development Corp., requesting an amendment to Development Order 90-1 as previously amended by Page 4 July 22, 1997 Development Order 90-7, Development Order 95-4, and Development Order 96-3 for Pelican Strand Development of Regional Impact (DRI) previously named Regency Village of Naples Development of Regional Impact fDRI); by amending Findings of Fact; by modifying acreages and land use intensities; and by amending Conclusions of Law and General Considerations for property located at the northwest intersection of Im~okalee Road (C.R. 846) and 1-75 in Sets. 18 and 19, T45S, R26E. Res. 97-295/D.O. 97-3 Adopted 4/0 (Co~. Norris abstained}; Petition does not constitute an substantial change 4/0 (C~. Norris abstained) 4) Funding of the Collier County Wastewater Management program. Approved 5/0 5) Adopt three (3} Resolutions to approve 201 Facilities Plan Update for the Collier County Wastewater Management Program, to authorize application for a State Revolving Fund Loan, and to approve a Process for ResolvinG Disputes. Res. 97-296/CWS-97-3 Adopted 5/0; Res. 97-297/CWS-97-4 Adopted 5/0; Res. 97-298/CWS-97-5 Adopted 5/0 13. BOARD OF ZONING APPF2tLS A. AI~FERTISED PUBLIC HFs%RINGS 1) Petition V-97-5, Anthony Pires of Woodward, Pires & Lombardo, P.A., representing Nicholas J. and Gaetane C. Desante requesting an after-the-fact variance of 3.2 feet from the required side yard setback of 30 feet co 26.8 feet for an existing single family residence located at 571 Carica Road in Pine Ridge Extension Subdivision. Res. 97-299 Adopted 5/0 2) Petition A-97-3, R. Bruce Anderson of Young, vanAssenderp & Varnadoe, P.A., representing Ultimate Land Trust, James R. Colosimo, Trustee, requesting an appeal to the Board of Zoning Appeals of Interpretations 1-96-7 and 1-97-1 to preserve rights and standing as a substantially affected party in consideration of the above administrative interpretations in which the Collier County Planning Services Department Director found that residential planned unit developments at a gross density of one dwelling unit per five acres within the agricultural/rural designated lands of the Future Land Use Map are consistent with the Growth Management Plan. Withdrawn by petitioner 3) Petition A-97-4, Nancy Anne Payton, Florida Wildlife Federation, requesting an appeal to the Board of Zoning Appeals of Interpretation 1-97-1 in which the Collier County Planning Services Department Director found that residential planned Page 5 July 22, 1997 unit developments at a gross density of one dwelling unit per five acres within the agricultural/rural designated lands of the Future Land Use Map are consistent with the Growth Management Plan. Dismissed4/1 {Co~m. Mac'Kie o[~Dosed) 4t Petition A-97-5, Bradley Cornell representing Collier County Audubon Society, requesting an appeal to the Board of Zoning Appeals of Interpretation 1-97-1 in which the Collier County Planning Services Department Director found that residential planned unit developments at a gross density of one dwelling unit per five acres within the agricultural/rural designated lands of the Future Land Use Map are consistent with the Growth Management Plan. Dismissed 4/1 (Comm. Mac'Kie ouposed) 1) Petition CU-95-1, Terrance L. Kepple representing the Southeastern Conference Association of the Seventh Day Adventist Church requesting an extension of Conditional Uses "7' and '10' of the 'A" Agriculture Zoning District to allow for a church and school facility that has previously received Conditional Use approval for property located on the north side of Sabal Palm Road in Sec. 24, T50S, R26E, consisting of 10.1 acres. Res. 97-300 Adopted 5/0 14. BOARD OF ~COMMISSIONERS' COMMUNICATIONS A. Statement by Commissioner Norris regarding Naples Stadium. 15. STAFF'S~CATIONS 16. CONSENT AGENDA - Ail matters listedunder this item are considered to be rou~'~e and action will be taken by one motionwfthout selmarate discussion of each item. If discussion is desiredbya member of the Board, that item(s) will be re~ved form the Consent Agenda and considered separately. Approved and/or Adopted - 5/0 with changes a. COMMUNITY DEVELO{ & ENVIRONMENTAL SERVICES 1) Recommendation to grant final acceptance of the roadway, drainage, water, and sewer improvements for the final plat of "Queens Park at Lago Verde, Phase Seven'. Res. 97-287 2) Authorization to terminate Contract #94-2271 for the purpose Page 6 July 22, 1997 of executing a Settlement Agreement and Mutual Release Agreement and a Maintenance and Support Agreement between Perconti Data Systems, Inc., an.~ Collier County. B. PUBLIC WORKS 1) Recommendation to adopt a Resolution authorizing the acquisition of permanent drainage easements by gift in support of the proposed improvements to S.R. 29 - Immokalee drainage canal. Res. 97-288 2} Approve a Stipulated Order for defendant's attorney fees and costs, Collier County and the Collier County Water-Sewer District V. Kinsley, Et. AL, Case No. 96-1315-CA-01-DRM, Parcel numbers 90lA, 706A, 906A, 706B, 906B, 706C, 906C, 706D and 906D, Olde Florida Golf Club, Inc. and OFC of Naples, Inc., North County Regional Water Treatment Plant Expansion (Wellfield) Eminent Domain Case. In the amount of $3,220.00 3) Appro.;e Work Order #VC-97 with the Varian Construction Company for the Tigertail Park Facility In the amount of $111,356.00 4) RecomMendation to reimburse Regent Park Master Association for damages to the front entrance of the Regent Park Subdivision during construction of the Immokalee Road 4-Laning Project. In the amount of $4,000.00 5) Approve final negotiated bid quote for roadside improvements along Vanderbilt Drive between Vanderbilt Beach Road and 111 Avenue. Contract w/ SmallwoodLandncaping, Inc., in the amount of $187,170.00; Alternate contract w/ Smallwood Landscaping, Inc, in the a~ount of $148,170.00 & Green IIeron Landscapes, Inc. in the amount of $39,000.00; New total budget of $399,249.00; Contracts w/ Butler Engineering, Inc., in the ~max~~t of $3,500.00 & Vanasse, Daylor and Bother, LLP, in the ~ amount of $9,500.00 6) Award a contract for the construction of Park Pavilions for Sugden Park at Lake Avalon, Bid No. 97-2677. w/ High Point General Contracting, Inc., in the amount of $242,554.00 7} Approve and execute a Joint Interlocal Supplemental Agreement with Lee County for Perpetual Maintenance of Median Landscape Improvements along the Bonita Beach Road Four Lane Corridor, CIE Project No. 031. Page 7 July 22, 1997 w/ annul payment of $35,000.00 plus conting~costs to I~e Coun~ 8) Approve a Stipulated Order for acquisition of Right-of-Way Farcel No. 117A for the Vanderbilt Beach Road Four Laning Project. w/ stipulation C. PUBLIC SERVICES This item has been deleted. 2) Recommendation that the Board of County Commissioners approve the attached budget amendment recognizing funds received from an insurance claim. 3) Authorization to approve an extension of an agreement with the Southeastern Library Network (Solinet) for the provision of on-line library cataloging and permission for Chairman to sign agreement. 4) Recommendation that the Board of County Commissioners approve a lease agreement between Collier County and Lee Cypress Water and Sewer Co-op, Inc. 5) Recommendation that the Board of County Commissioners name the soon-to-be completed Medical Examiner's facility, the David A. Engstrand, M.D. Memorial Building. 6) Recommendation that the Board of County Commissioners approve a resolution regarding execution of Medicaid waiver referral agreements for the Services for Seniors program. Res. 97-289 7) Recommendation that the Board of County Commissioners approve the recommendation for the Golden Gate Community Center Supervisor. 8) Recommendation that the Board of County Commissioners approve a contract with Big Wave International, Inc., for services at Youth Nights for the Collier County Parks and Recreation Department. In the amount of $2,500.00 9} Recommendation that the Board of County Commissioners approve budget amendments to align Parks capital project budgets with FY-97 forecast expenditures. 10) Recommendation that the Board of County Commissioners approve the attached Continuum of Care Plan developed regarding the provision of homeless services throughout Collier County. Page 8 July 22, 1997 11} Recommendation that the Board of County Commissioners adopt a Resolution to amend the Collier County Parks and Recreation facilities License and Fee Policy and superseding Resolution Nos. 96-364, 96-467 and 96-556. To be put on regular agenda on 7/29/97 D. SUPPORT SERVICES 1} Recommendation that the Board of County Commissioners approve a Limited Use License Agreement between Collier County and Octagon Sequence of Eight, Inc. 2] Recommendation that the Board of County Commissioners approve and accept a drainage easement located in Conner's Vanderbilt Beach Estates, Unit No. 3, as recorded in Plat Book 3, Page 89. E. COUNTY ADH~RATOR 1) Acceptance of agenda items approved by the County Administrator during the Board's recess. a) Recommendation to award Bid No. 97-2678 for the purchase of expendable medical supplies for the Emergency Medical Services Department Award to various vendors in the approximate amount of $80,000.00 b) Recommendation that the Board approve an amendment to recognize Emergency Medical Services matching grant funds awarded for software and hardware for EMI) Quality Assurance In the amount of $26,962.50 c) Recommendation to install electric circulating fans in the Main County Jail In the total amount of $26,375.00 d) Recommendation to enchance the security of the Administration Building by installing card access in both elevators In the amount of $9,850.00 e) Endorsement of the Collier County Sheriff's Office final Categorical Assistance Progress Report on the United States Department of Justice Church Arson Prevention Grant Program award f) Recommendation that the Board of County Commissioners approve the waiving of tipping fees for the cleanup of the East Naples Triangle Page 9 July 22, 1997 g) To obtain Board of County Commissioners approval of a budget amendment for purchase and installation of equipment to connect the Solid Waste Department to the County computer network In the amount of $7,800.00 h) i) J) k~ Budget Amendments B.A.'s 97-298, 97-302, 97-308, 97-309 & 97-311 Recommendation to declare County-owned property as surplus and accept the offers received for the sale of surplus AIS Hardware under Bid #S97-2664 Recommendation to approve a Budget Amendment reducing revenues in the Emergency Management Budget Reduced revenues in the amount of $1,000.00 Recommend the Board of County Commissioners reject Bid #96-2590, and authorize Staff to re-bid the personal computer repair services contract 1) Recommendation to approve a Budget Amendment for multiple air condition repairs pertaining to the Immokalee Jail, Immokalee Fitness Center and the Administration Building, Seventh Floor In the total amount of $11,202.00 m) Budget Amendments B.A.'s 97-319, 97-321 & 97-330 n) o) Petition AV-96-030, Leland Dysart as agent for owner, Marbella at Pelican Bay, Inc., requesting vacation of a portion of the drainage easement recorded in O.R. Book 790, Page 1803 and O.R. Book 1419, Page 234 of the Public Records of Collier County, Florida and shown on the Pelican Bay Bend, Plat Book 28, Pages 16 through 18, inclusive of the Public Records of Collier County, Florida Recommendation to appropriate revenues in excess of the budget for Isles of Capri Fire, Fund (144), transfer funds from reserves p) q) Amend contract with the Marco Island Chamber of Commerce, Inc., to permit payment of invoices from previously approved contracts brought forward to the 1997 contract and reduce the budget by $46,752.51 for payments made from the 1996 Contract, Tourist Development Category B Funds To request approval from the Board of County Commissioners to transfer funds from 301 reserves to the 800 M~Z Project Page 10 July 22, 1997 budget in order to fund a request or 800 MHZ radios from the Office of the State Attorney r) Request Board approval to award Bid Number 97-2681 'As 350 B2 Helicopter Spare Parts" to Azzmac Helicopter Center, Inc. In the esti~ted amount of $40,000.00 ~) Budget Amendment Report. B.A. 97-335 F. BOARD OF COUNTY COMMISSIONE~ 1] .Satisfaction of Li~n: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 81-2196-TM, 81-2196-TM, 82-19-MMA, 83- 61-CFA, 83-61-CFA, 97-105-CFA, 95-8392-MMA, 96-733-CFA, 96- 10054-~A, 96-1051-CFA, 97-1761-MMA, 96-7622-MMA, 97-437-MMA, 96-129-CFA, 96-8652-MMA, 96-10326-MMA, 96-749-MMA, 96-10501- MMA, 96-10358-MMA, 96-10315-MMA, 96-7487-MMA, 96-1103-CFA, 96- 10018-MMA, 96-1840-CFA, 96-7327-MMA, 96-2303-CFA, 97-1808-MMA, 96-5148-MMA, 96-1993-CFA, 96-10032-~4A, 97-1424-MMA, 96-5586- ~A, 96-i0201-M14A, 96-2359-CFA, 96-6773-MMA, 96-9697-MMA, 96- 9378-MMA, 96-9376-MMA, 96-1136-CFA, 97-3502-MMA, 97-2596-MMA, 96-9866-MMA, 96-10315-MMA, 96-10501-MMA, 96-10358-MMA, 96-4544- MMA, 91-924-TM, 90-4638-MMA. 2) MI~S ITEMS TO FILE FOR RECORD WITHACTIONA£ DIRE~r~u: H. ~ CONSTITUTIONAL OFFICE~-~ Page 11 July 22, 1997 8 A 1' ISTEA Transportation Enhancement Application Prepared by: The Naples (Collier County) Metropolitan Planning Organization ~'une 1997 APPLICATION FOR TRANSPORTATION ENHANCEMENT PROJECTS Project T~e: "I~mkalee $idevalks" Project Sponsor (municipal, county, state, federal agency, or t:lbal council): Collier County Contact Address 2800 North Horseshoe Drive, Naples, Florida 34104 F~one (g&l)&O3-2&O0 FAX (g&1)6&3-6968 Priomy (raisers to o~es al:qa~,al~ons submit~ecl by the Project Sponsor). Name of Aprtcant (If other I~an Project Sponsor]: 1. Qualifying Enhancement AcUvttles Check the enhancement aclNtty which the proposed project ~ address. (NOTE: Checking all ~ Ix~sible does not ensure or increase ellglbllib/. Eech activity checked must meet all criteria listed for that a~ In Appendix A of FDOT Pro~edure #125-030-300). [] Prc~on of facil~ee for ped~ns and bicyc!es. [] AC. ClUb/lion of scenic easement~ and scen~ or histog¢ sites. [] $cen~ or historic highway programs, [] Landacal:~ng end o~er scamc beau'oftcal~on. []Re.~. s~l~:~tallo~n and operalion of hlsto~c transportallon I:~ldlngs, limctuml or ma~es i~ncludag histonc railroad facil~es and canals). []Preeerva~on ot abandoned rmlway corridors (inducing lite commmon and use ~erecf for pedest~en or bicycle trals). [] Conlz~ and removal of outdoor adverosing. " [] Atchleclogical planning and research. D MilJgagon of w~er pOlul~on due to highway runor/. 2. Pr~e~'t Description: ~ acldibonal s~l~ ns necessary to r~pond to ne fol~ov~ng: 8 (a) 9Vhat qtT)e of waft is being prol~a~sec3? (check ~ nat apply) [] Ptannmg AcUwoel. [] Project DeY~opment and Environmental Studies. [] Engineming and Finn Pinna Prepara~on Work. [] Right of WayAcquis~on. [] Construc~on. [] ConslTuc~3n Engineanng and Inapecl~on Act/vitiis. (b) Oe~'~e how ~e propc)~ed project ~1 rMated to ~e intefmodM tl~'tlpOl'~:~l I~ by ethet' func~n, pro=miry or impact. (Oneo~mofemayapl:~y), See Al:cachmenC (c) Where ~s ne I~Oject k3cated (and wl~at are 0~e termini, if appropriate)? Include Ioca'aon map. See At:cachntenr. (CO Summarize any Kmc3M c~3racterm=c'~ of I~foject. See AC C ach=eriC (.) Oiscnbe the project's ImS~ing right of wi! ownersl"dpl. Th~ clisc~p0a~ Ii'tM iclenti~ when ne ngllt of'.'ray wis acquued and how ownership m clocumen~ecl (i.e. pla~. deeds, I~eSC~?l~ons. cefl3fled surveys). See ACCactmenc Discnt~e any IxoPosect ~ght of way acGu~'~on, inchJding exoectecl matching fund source, llmRal~on~ on fund use or I,~dat3,1~. and who wil acquire and re~n ownership of proposed nght cf way. See ACcacttmenC (g) Oeecnt>e any feMtecl prolect work phisis nat are alreacty coml~ete o~ currenay unclenn, ay. (h) O~e~ specrflc project informa~on mat sl~auld be considered. See ACt:ach'~enc 3. Pr~ec't Implementat~n Info.nation: At~ach documlntll~ Is ead~ts ~ n~ farm. (.) (b) Discnbe the proposed method of performing (i.e. cant;act of in..~ol,ae) and administering (i.e. IocM of ph~e ~ ne project. If I~ is I~oPos~cl n~ ne project be m~'nini~me~ by · gavemmentM enKy ~ef thai the De~ent of Tran~por~on, document nat nM er,,~y hu the ~ mln~genM, enWonmen~ ~d engineen~g cal=al:,i~= m manage ne wort< phase of ne Ixoject corotint with fwd fecluirement~ Desonbe any pubic (and pnVate, if applicable) support of ne propoeed projec~ (ExamplIs include:, whiten endorsement, formal dedara~on, resolulJon, financial donations of oner appropriate means). See At:t:achmeaC (c) Describe ne propc~ed ownership and maintenance reSl3Onsibilities for the I~oject when it i~ comldated. See (cO D.sonbe source of matching funds and any re~tdcborm on availa~ty. (e} O~m' apeciflc iml~emantatlon informa,on nat ~ould be cormidered. N/A I~annmg Acavmet $ ~ Project Devetopmem and Em4ronment.~ SN~. S ~- Ending ~d ~m~ ~ Pr~n Wo~ $ ~ O, 000 Con~n. S 230,000 ~. (D~) How w¢l I~l pl'ofeC~ be fl~ndecf? FederM $ 310 000 + FDGT $ -0- -Totals 310,000 Federal 100 % + FDOT .-.0- '/." CER*TiF1CAT1ON OF PROJECT SPOt. OR . I hereby cegaf'~ ~lt ~e peop~sed e~h~ncement projec~ hereto desc.,~ed i~ luppmtm:l by Co1 l:[ez* Cou~LT_ (muniapel. county, sl3te, federal ~gency, m ~ counal nme and I~at smd envy w~l (1) ~'ovide I~e required funaing match; (2) emir into a m~irgenance sgreement w~t ~l Iqodcla Degagrne~ of Transportmion: (3) comply w~ ~e Federal Uniform R e~oca~on A~i~ance and ~n Poidee Ac~ far m~y Right of WW ~e~u~r~ for ~e project: and (4) ~uppart or, er ec~ns nece~azy ~o fury Implemem ~e proposed project I fur~er cer~y esl~m~R~l cos~ Inc~ucled hereto ~re re~na~e and understand I~ ~igrdtlcnnt Incre~e~ In ~e~e cosl~ couM c~use ~e removed from ~e Florida Department of Trnnspona'~an work pcogrmn. ~'~ ~ST: er' *" . . . ~':Lmot. h '. rj~"flancock '... Name (ple~e ~ m.l=~tnt) · ~.. Cha:i. rman __fffcfenc~ North 2"' Street ' South 3 North 3'~ Str~ct South 4~ Str~-t North 4~ Street North 5~ Street South 6~ Street North 6~ Street North 7* Street 8;11 ISTEA Enha_ cement Project Application Attachment Project Name: Imrnokalee Sidewalks ~onsor:. Collier Count7 2. Project Description (b) Describe how the proposed pro~[ect is related to the Jntermodal transportation system by either function, proximity or impact. The project has a fimc'tional rclationsMp to the component of the system. |ntermodal transportation system in thai it is · The proposed sidewalks will provide · safe trampofla~on route for the many reside'nra in Immokalce whose primary form of transportation is walking. The proposed sidewalks wilI also help to encourage more people to walk. This will impnct the Immokalce intermo<ial Wansponation sys~-n by decreasing the number ofdaily single occupant automobile ~ps. (c) Where is She project located.'; The sidewalk project locations are as follows: ~trcet West Eustis Ave. to SR 29 SR 29 to Roberts Ave. West Eustis Ave. to SR 29 SR 29 to Roberts Ave. Colorado Ave. to SR 29 SR 29 to Roberts Ave. SR 29 to Roberts Ave. Boston Ave. to SR 29 SR 29 to Roberts Ave. Colorado ,Ave. to SR 29 SR 29 to Roberts Ave. The location and termini or'each project are shown on the attached map. (d) Summarize any special char'acter'istfcs of the project. Sidewalks in hnmokalee will not only provide a safer place for pedestrians to walk, they will also enhance the community's image. ^ better community image will help to bring in more businesses and residents. The proposed sidcwallas will also increase adjacent property values. 8A1 (e) Describe the project's existing right of way ownership. This deseript/on shall Identify when the right of way was acquired and how ownership is documented. Collier County's Real Property Management Division has documented the exirdng right-of-way ow.lership wire,in the project boundaries. Segment "gaps" have been Jdenti~ed wher~ no documentation exists identifying exactly whether or not there was ever a conveyance of any ~ pr~-rty intm~ to Collier County. Collier County will acqui~ t~tle to these segments of exis~g right*of-way through the appropriate procedur~ in accordance with Florid~ Statt~ 95.361, which aJIows a governing body who has constructed and maintained a roadway for at least four yem-s to take title to the right-of-way. (0 Describe any proposed right of way acquisition, including expe~ed matching fund source, limitations on fund use or availability, and who ~ aeqnira and retain o~nership of proposed right of way. As described above. Collier County will take title to identified segment "gaps" through means provided in F.S. 95.361. Describe any related project work phases that nre already complete or enrrcntly underway. The proposed sidewalks are included in the Collier County Comprehensive Pathway Plan, adopted by the Naples (Collier County) Metropolita~ Planning Organization ('IV~O), December 16, 1994. (b) Otber spec/ftc project information that should be considered. The proposed co~dors are within the roadway right of way. Ther~ ~re no serious obstacles within the proposed sidewalk corridors. Thes~ sidewalks will link many commtmity destinatiorts, serving the r~ported 60% of the reside~t~ who walk and bicycle. 3. Project Implementation Information: (a) N/A Describe the proposed method of performing and administering each work phase of the project. If it is proposed the project be administered by n governmental entity other than the FDOT, document that this entity has the fiscal, managerial, environmental and engineering capabilities to manage the work phase of the project consistent with federal requirements Describe any public and private support of the proposed project. N/A (e) N/A Dining the development of the Coil/er County Comprehensive Pathw~ Plan, staff'held se','erai public workshops in order to provide residents the opportunity to participate in the paflaway plam~ing process. The residents oflmmokalee assisted staffin identifying hnmokalee areas with the greatest need for sidewalks and planning for a complete, in~ pathway syr,~n. The proposed sidewalks a~ included in the Pathway Plaa. The MPO supported the residents planning efforts by adopting the Pathway Plan, December 16, 1994. (c) Descr~'oe the proposed ownership and maintenance FesponsJbllffles for the project wheu it is completed. Describe the source of matching fun~ and any rutlqctJons on avafLtbilfty. Other specific implementation information that should be considered. ISTEA Transportation Enhancement Application Prepared by: Collier County Transportation Department .lune 1997 RUR/ L REFUGE ATTACHMENT B. APPLICATION FOR TRANSPORTATION EN~ANCEM:ENT PROJECTS Project Sponsor (mtmidpal, county, state, federal agency, or tribal counc;'~: Comet ~ ~ - Title ~ Pdoril7 (rehtive lo other applications submi~d by the Project Sponsor) Name of Applicaakqf o~r ~ Project Sponsor): ~- 1. QuallfTlng Enhancement Activities: ~ the ~ activity which the proposed project will addre~. (NOTE: Chedd~ ensure et' increase dlg[bmty. E~ch ~dvity check~ must meet all cyiter~a Gsled fro' that activity in AppeadLx A of FDOT ~x:edure ~ Pravhion of f3cL~es for l)~]~s~3ns 3ncl bi~l~s. -{~' Acquisition of scenic easements and sc=Nc or historic [] Scenic or historic highway programs. ~ ~ndsmping and other scenic beautification. ~ ITmoric prc.scrvadon. Rm"abilimion and operation of historic transportation building, stoat'roms or hcili~ ('mdudi~ nilroad facilities and canals). Presm-va,lou of abandon~l railway corridors (includins ~he ~ and use bicyc~ Comml amt removal of ouutoor adverdsins. [] Archaeological planning and research. Miti~tion of water pollut/on due to highway runoff. 2, l~oject Description: 'm mklitional sheets as ne~ to respond to the following: (a) Whai ~ of work is being proposed? (ch~ck all r~at apply) rn Planning Activities. ~---~- CO) ~,++~...~) (cO (e) 8A1 O Project Developmen~ znd Eavironmental Studies. tn Engineering and Final Plans Preparation Work. C] Right of Way Acquififion. zl~ Construction. ~ Construction Engineering and Inspection Activities. Descr/be how the proposed projec~ is related to the intermodal tramportation sysmm by eithe, r flmcflon, proximity or impacL (Orie or more may apply). Where i.~ the project located (and what are the termini, if appropriate)? Include location map. Summariza zny special characteristic~ of project. Describe the project's existing fight of way ownerships. This description shall identify wheal the right ~way was acquired and how ownership is documented (i.e. plats, deeds, prescriptions, certified turveS). (f) Describe any proposed right of way acquisition, including expect:d matchiag f'uml source,'limitations on . fund use or availability, and who will acquire aM retain ownership or' proposed right ofway. De.scribe any related project work phases that are already complete or curremly umlerway. (h) Other specific projec~ information that should be considered. 3. Project Implementation Information: Attach documentation as exhibks to this form. (a) Describe ~ propo~d method of performing (i.e. contract or in-house) and admlais~i~ (I.e. Ioca/or s-ate) each work phase of the project. It' it is proposed that the project be admizgxlered by emity other thza the Department of Transpomtioa, document that this entity hu ee fiscal, ma=agerial, eavironmental aM engineering capabilities to manage the work phase of the project coasisamt with federal Co) (c) (e) De.ri'be any public (and private, if applicable) support of the prOlX~efl projec~ (F-xampl~ Iaea'age: written cm[orsement, formal declaration, resolution, financb, l dorafiom or other Ippropri~ meaas). Describe the protx:~ed ownership and maint~'nance responsibilities for the project whe~ it Is completed. Describe source of matching funds and any restrictions on availability. Other specific implementation information ~at should be considered. 2. ProJeet Description: (b) Describe how the proposed project fe related to the intermod~l tr'amportadon ry~em by d~ber function, proz~n~f~/or lmpacL The Rural Safety Refuges Project has a functional rehtiombip to the intermodal traaspomtion syatm by providing Md encouraging an ala:tn~e means oftranspomfion from automobiles to bicycles and pedestriaas. They will ~ the number of automobile u/ps to elementary, m/ddle and high ,schooLs by pi'~d/ng ~t'e ~d ~ bus sWps for school ch/Idr~ (c) Where Is the proJect'located (aad what are the termlul, Lf appropriate): The propused pilot project is ioca~d along the .~ma Barbara Boulevard, Logan Boulevard, Oaks Boulv~ard corridors, north ofGolde~ ~ ~ to Inznoi:zlee Road u shown on the at~ched trap. These school Ires stop locafiom ~m lypically oa ~ collec~r road end o£ I mile lon~ dead end loc~l roads wher~ school children wallr or, more often, ride their bikes to the comer to c~tch the bus. i'd) Summarize s~y special characteristics of the project. The Rural $~t'ety Refu~es components include ~ culvert covered with fill and a I0' x I0' asphal~ pad, shelh,-r, bench, bike rack iud a ~arba~e can. This will pmvid~ s safe' location for children to wait for the bsa without millinl zrmmd in the traveled lanes ofth~ minor or collector roadway. The shelter will pro,de a highly visible slzuc-raz~ to escape the weather. The hike rack ~ provide rctief~n the cr,~an~ bicycle tbeR problem. ~ garbage cans will help zllcvhte the existing Liter problem. (e) Describe the project's ezistlag right of way ownership. Tltts description shall Identify when the right of way was acquired and how ownership Is documented. The project is enti~ly withia the road right of way casements grallted to the public on the plats of Golden Gate Estates. (0 Describe any right of way acquIsition. No tight of way acquisition will be necessary. (g) Describe any related project work phases that are already complete or curreutly underway. No related project work phases are complete or ~ underway. (h) Other ~pedfic project informatfon that should be considered. The proposed project would upgrade and improve the n~ighberhood's envircmm~ml by providing a safe Wen for school children to wait for the school bus. CtuTently children are standing or sitting in the roadway, cb,~n~g thcs* btm, cs to ~ signs and power poles, and throwing tr'~h on thc right of way. The proposed refuges ~ consistent with the C. ollicr Coun~ Growth ~anagement Plan/Pathways Co~e Plan whlcb rec~m.re conskle~tion ~nd planning for alternate mod~ ul' u'anspor~t~on. 8 A 1 3. ProJect Implementation In£ormat~on: (a) Describe the proposed method of performing and administering each work phase of the We are desirous to perform and administer all phases of this project locally, however, we ate willing to work with zny ag,mc-y applicable. (b) Describe any public support of the pro]eet See attached lct~rt~ o£endorsement. (c) Descrfbe the proposed ownership and maintenance for the project when it Is ~mpk, ttd. The C~llicr County Trzn.sportation Department will maintain the completed project. (.~e~ at~:hcd Icr,~ of commitment fi'mn David F. Bobanidt, Interim Director, Collier County Tramtxrr~tion Department). (d) Dest~lbe source of matching funds. The federal rate o£partici~arion will be 100% with no matching funds required. (e) Other.specific implementation information. Not applicable. *I/I-,at ts the ~! estimated co~ of the work rcques,,'d to be funded., an erflu~'~cn~.m project gu'ou~ dis ~plic~don? Planning Activities. Project Deveflolxncnt and Environn~nul Studies. Englncgring and F'mal Plans Preparation Work. Right of Way Acquisition. o~'=. TOTAL: How will I~e project be funde47 $-=.__.=1= --0-- --0-- ede~ S~ + Fi)aT $ -.~_:.Q=__ + Sponsor S~ -0- - To~ ~o~ Federal '~_L_o~._% + FDOr -0- .% + Sponsor -0-~$ .~ CERTIFICATION OF PROJECT SPONSOR I hereby ccni~ ~hat ~e proposed enhancemgnt projeci hcr~in de.scribed is supporlmt by Collier (municil~l, co=~, m~, red.al aP~7, or ~ council) and Ihat said emily is willing 1o: (1) provide d~e required funding mate. h; (2) ¢~r ~ a nlraln~mn~ a~reement wldl ~ Florida Dep~m~tt of Tr'anspomdon; and/or (3) support other actions necessary lo fully imple, mem I~e proposed project. I furor ccrtify ~',.t ~ estmate4 costs included herein ar~ reasonabI~ and und~rm,-xt liat si~fificant incrcases tn Ihese co~s could c~use d~e project to be rgmo,,~ from the Florida Department of Transpomtion work pro.-am. ATTE ST: ..3 ~o. oo ,4, 7oo. oo ~ ilT,~cO, oo IS'rEA RUSS ~TTLZ,E~ Engineer I ~pec~al Proje~.~ TR,A~PO R'I'A'FIO bT D E/)ARTM'EI,~ (:~ GOVERZ, II,{E~T ~ :3~0! £ ?A.bt'IAMI TRAIl, T'EI.I:FHOI~r'E: (8i3) TT,4-8260 (813) 774-5375 ~×[,.STINIG CONblTION5 ~ ~ ~, COLLIER COUNTY GOVERNMENT TRANSPOKTATION DEPARTMENT June 23, 1997 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (94 I) 774-8494 FAX (941) 774-5375 A ~CI'~P~KD BLLr~ C~IIP COtO(UNTTY lV~. Susan icing [~qri~ Transportation Ennance~ent Coordinatm- F~~r/~ £-'..vartrnent of Transpomtion PO Box i749, MS l-J2 Bartow, FL 33831-1249 SUBJECT: Rural Safety R.'fuges ISTEA Application Dear Ms. King: Thc Rural Safety Refuges proposal to establish safe places for school children to congregnte while awaiting busses has r~he endorsement of this department along with the commitment for perpetual maintenance of all -improvements. Should you have any questions or require any additional information, please feel free to contact me at (94 !) 774-g494. Sincerely, David F. Bobanick Interim Transportation Director DFB/tm/Ltr S.Kin~ FDOT.doc cc: Ed llschner, Public Works Administrator ]Russ Muller, Transportation Engineer I o Edward J. Kant, P.E., Chairman, Transportation Servtcel Department Collier County Government Center, 3301 East Tamlami Trail, Naples, FL 34112 (g41) 774.8260 voice (041) 774-6376 FAX June 23, 1997 Russell D, Muller, Engineer I Collier County Transportation Services Department 3301 East Tamiami Trail Naples, FL 34112 Re: Rural Sa/cry Refuges Dear M~ At a recent meeting of the Collier County Community Traffic Safety Team (CTST), your proposal to es~blish safe places for school children to congregate while awaiting busses or parental pickup was reviewed and unanimously endorsed. The rural safety refuge program is innovative and community-minded, and will help to provide parents with a sense of security for their most prescious asset. You are to be commended for thc creation of this concept. The CTST will work with you and other County Staffto assist in seeing that this program is implemented as quickly and as cost- effectively as possible, Thank you for helping to keep Collier County's roadways safe. Best wishes for continued SUCCESS. COMMUNIT~,TIC ~t, P.E. SAFETY TEAM CC: Bill McGrath, CTST Coordinator Janet Cook, FDOT CTST Coordinator. District One Our goal Is to reduce the number and severity of traffic crashes. Florida House of Representatives Butt L. Saunders Represenmtve~ 76th Dist~ct Reply ,Il 3301 East Ts~iami Trail Adm. Bid&, Suite 304 N~ple~. FL 34112 (941) 263-4:)922 Fax: (941) 434..5019 T~J~ss~ FL 32399-~300 (904) 488-4487 F~x: (904) 922.1277 8 A 1 Committees I~-'1~. ~ Hea~ Cate Standards & June 23, 1997 Mr. Russ Muller, Project Manager Collier County Transportation Department 3301 East Tarniarni Trail Naples, FL 341 12 RE: Rural Safely Refuges ISTEA Application Dear Mr. Muller: [ am writing to urge your strong support of the ISTEA application for the Rural Saf~y Refuges. This is an important safety erd~v~-ment for school children waiting for the bus. The Rural Safety Refuges will provide security for bicycles, shelter and safety for school children as well as relief from the litter problem. ! am coofide~t that this projec~ will have a positive impact on our community and I slrongly endorse this effort. Burr L. Saunders State Representative, District 76 BLS/djb support97/mull~r ISTEA Transportation Enhancement Application th · Prepared by: The Naples (Collier County) Metropolitan Planning Organization. June 1997 Profect Title: APPUCATION FOR TRANSPORTATION ENHANCEMENT PROJECTS "South 5th Street 8'A i Project Sponsor (munidpal. county, ~.~te. federal agency, or ~bal council): Collier Coun~_~ Contact _ Ta l'~a ~ Addre~ 2800 North Horeeehoe Drive, ~aplea, Florida 34104 Phone (941)403-2400 FAX (941)643-6968 Priority (tala'eva to c~ber apMcation~ submittal by the Project Sponsor). Name of A~p~ant (If other than Projec~ Sponsor): 1. Qualifying Enhancement Activities Check the enhancement ac~4ty wh/ch the proposed project wll address. (NOTE: Checking all a'ctivltles possible doe~ not ensure or Increase ellqibtlity. Each acflvtty checked must meet all criteria Ilsted for that activity in Appendix A of FDOT Procedure #525-030-300). [] Provmon of fac~rei~ for pedesmans and bicyc/es. ["] At--on of scan/c easement~ and scenic or historic [] Scenic or historic ~ programs. [] Lanc~cag/ng and other ~cenic beaulnlca~ion. [] Hi,tone preservation. [] Rehal:~T~at~n and oper'almn of hl~,o~c tranaportalon t~ildng~, structures or fK~ltil~ (induing hi.one ~Mro~d f~ and ~m). · ~ ~r ~ ~ ~e ~). ~ Con~ and t~ d o~r ~g. ~ ~a~ ~n~ and r~ar~. (b) (c) 8 A 1 Oesc~be how the proposed I~oject i~ r~mted to ths intermodat tmnmponaton system by ~m functon, ixox)m~ or )mpmct (Onemmommmyapr~/). See Accacbme~c Where i~ me ~ located (and what ~'e me termini, W epfxopf~te)? Incmde location map. Sea &l:Cac~aenC (d) (e) Summsnze ~ny ~cial chsracte~rl~cs of project Sea Attachment O~scnbe ~e ~'oject*s e'~sang dght of way ow~emhipL ~ de~l~n shai idanbff wflan the tight of way Icqmred and how ownecihip il documented ~l.e. pl~tl, deec~. ~elcdp~Onl. cat, fled lun/iyI). See Describe ar~ pmpoead nght of way Icqui~on. indudm9 expected matching fund ~ourca, irnita~ons on fund usa or a~a~lal:~ty, and who v~l acquire and retain ovmersh~ of i~opo~ed ~ght of way. See ACCach.meuC (g) Oaacdbe any r~.,ad project work phaaaa that are already complete or curref~y undammy. (h) Other specific fxoject info~mabon that should be con~:leted. See Al::cachment: 3. Project Implementation Information: Attach documentation aa e.xhibtte to ~i~ form. (I) D~ ~e Wo~ m~od ~ ~do~ing O.e. co~ or ~o~) and a~n~g ~e. ~ M ~) each D~ ~ T~n, ~m~ ~ ~ ~ h~ ~e ~ m~, ~onm~ ~ ~g u~ m ~e ~e ~ ~ ~ ~e ~ ~ ~ f~d rW~ ~/A (b) D~~(~d~,Ya~)~me~~ (~~ ~ ~m~ fo~M d~ar~n, r~n, ~an~ ~n~ ~ ~ ~ m~). See Attac~e=t (c) (cf) (e) Describe ~he Ixopoead ownership and maintenance re~ponaibi~e~ for the ixoject whe~ it b coml:~ad. See Al:Cachaen Dltcribe source of matching fun,*- and any f~dctiofm on iva~blty. H/A O~m, speciac impementa~on into(m~on that ~ be ~ N/A 8 4. prc~ect Cost:. Wl~at M ~e W esth~ated coat of ~e w~ reque~Md ~) be funded ~J an enhencement ;xoject through ~ aC~k:atton? Planning AclNffies. Project Development and Envi¢onmantal Stuclie~. Engineering and Rna Plan~ prepara~on Wort<. Right of Way Acqui~Jon, ConsUucllon. Constru~on Engineering and Inspec~on A~es. Other. (Descnbe) TOTA~ $ 26,000 $ 160,000 s ~ How will t~e project be funded?. Federa~ S 212,000 + FOOT $ -0- =Tot,dS Federal .LQ.O._ % * FOOT ~ % · 212,000 tO0 % CERTIFICATION OF PROJECT SPONSOR Collier' County I hereby cer~ t/~at the proposed enhancement ~oject herein described i~ luppo~ted I~ -'---'-'--'"'-- (muniapM. county, state, federal agency, o¢ thbal councl name) end that ~d en1~f w~l (1) precede ~e re~U~ed fun~ng match; [2) enter into I maintenance agreement w~ t~a Florae Deparb'nent of Transportation; (3) ¢oml:~y w~ the Federal Uniform Reioc~an Aslmtance and Acqui~on PofK~es Act for ar~/Right of Way ac'dons rm:lu~rsd far the p~ojects; and (4~ supl3ort ot~er a~ons necea~an/ta fu~ iml~lement the I~Oposed prolect. I full, er ce~ that the estmated cosf~ included herein are reasonable and underatand that ~igniflcant incraa~'~-l~.e~, t~ could cause the project to be temoYed from the Florida Depamnent of Transportation wod( program. D[~ t ~HT Timot:h~._L · tlancock Name (ple~e t~3e or plant) 8 A 1 ISTEA Enhancement Project Application Attachment Proje~ Name: South Sth Stxeet Sidewalk - Immokalee ~onsor: Collier Coun~z 2. Project Description Describe how the proposed project is related to the intermodal transportation system by either function, proximity or impact. The project has a functional relationship to the intermodal transportation system in that it is a component of the system. The proposed sidewalk will provide a sate trmsportation mute for the many residents in lmmokalee whose primary form of transportation is walking. The proposed sidewalk will also help to encourage more people to walk. This will impact the Immokalce intermodal transportation system by decreasing the number of daily single occupant automobile trips. (c) Where Ls the project located? The sidewalk project is located along South 5th Street in lmmokalee from Arden Avenue to Colorado Avenue. The location and termini are shown on the attached map. (d) Summarize any special characteristics of the project. - The proposed project would include 5' concrete sidewalks on both sides of South 5th Street. The sidewalks will provide a safer place for pedestrians to walk, and enhance the community's image. A better cormnunity image will help attract more businesses and residents. The proposed project will also increase adjacent property values. (e) Describe the project's existing right of way ownership. Collier County's Real Property Management Division has documented the existing right-of-way ownership within the project boundaries. Segment "gaps" have been identified where no documentation exists identifying exactly whether or not there was ever a conveyance of any real property interest to Collier County. Collier County will acquire title to these segments of existing right-of-way through the appropriate procedures in accordance with Florida Statute 95.361, which allows a governing body who has consa'ucted and maintained a roadway for at least four years to take title to the right-of-way. 8 A 1, (0 Describe any proposed right of way acquisition, including expected matching fund source, limitations on fund use or availability, and who will acquire and retain ownership of proposed right of way. As described above, Collier County will take title to portions of any segment "gaps" along South 5th Sa'eet through means provided in F.S. 95.361. (g) Describe any related project work phases that are already complete or currently underway. The proposed sidewalks are included in the Collier County Comprehensive Pathway Plan, adopted by the Naples (Collier County) Metropolitan Planning Organization (MPO), December 16, 1994. (h) Other specific project information that should be considered. The sidewalk project includes piping and enclosing an existing ditch. The ditch is present in approximately i/4 of the length of the project. Enclosing the ditch and providing sidewalks will functfimaBy and aestheticaflly enhance lmmokalee's South 5th Street. 3. Project Implementation Information: (a) Describe the proposed method of peri'orming and administering each work phase of the project. If it is proposed the project be administered by a governmental entity other than the FDOT, document that this entity has the fiscal, managerial, environmental and engineering capabilities to manage the work phase of the project consistent with federal requirements N/A (b) Describe any public and private support of the proposed project. During the development of the Collier County Comprehensive Pathway Plan, staff held several public workshops in order to provide residents the opportunity to participate in the pathway planning process. The residents oflmmokalee assisted staffin identifying Immokalee areas with the greatest need for sidewalks, and planning for a complete, interconnected pathway system. The proposed sidewalks are included in the Pathway Plan. The. MPO supported the residents planning efforts by adopting the Pathway Plan, December i 6, 1994. (c) Describe the proposed ownership and maintenance responsibilities for the project when it is completed. The proposed sidewalks will be owned and maintained by Collier County. (.3 N/A (e) N/A Describe the source of matching fnnds and any restriction on availability. Other specific fmplementatlon fnfoFmation that should be consfdeFed. 8 A 1' ISTEA Transportation Enhancement Application Prepared by: The Glades Country Club Apartments Association, Inc. June 1997 APPUCATION FOR TRANSPORTATION ENHANCEMENT PROJECTS Project Tiffs: ~ Project Sponsor (municipal. county, state, federal agency, of ~ c~unoT): Collier Count7 8 A 1 Contact Adclr es~ Phone ~r T~a F~O, Planner oe Drive Ra les Florida 3&lO& ~~00 FAX (g&l)6&3-6968 Prior~y (ral~ Io o~er app~ca~orm subm~ted by Ds Project SPO~SOO Name of Appicant (If ~ ~an Project Sponsor): ocial:i nc. 1. Qualifying Enhancement Activities Check De enhancement ac-'~-! which I/~a proposed project will address. (NOTE: Checking ell ~c. thdtlea possible does not ensure or Increase eligibility. Each activity checked must meet all criteria listed for that acti~'ty in Appendix A of FDOT Procedure #525-,030-300). [] Prov~on of fac~e~ ~or pedestrians and bicy~e~. . [] Acqui~l~on of scenic ea~emer~ and scenic or historic s~tes. [] Scenic or historic highway programs. [] Landscaping and older scenic beau~ication. [] Historic preservation. [] Rehabaitaton and operalton of historic transportation buildings, structures or facif~es (includag historic railroad facifilies and canals). [] Preservation of abandoned rmlway corridors (including De conversion and use Dereof for pedesMan or bicycle tra~s). [] Control and removal of outdoor adverltsing. [] Archaeological plannimg and research. [] Mi'agation of water pollulion due to highway runoff. 2. Project Dt,¢rtptlon: ~ ~d she~s Ets neceulry to respond to ~e fc4owtng: (a) W~,et type of wo~ is b~g prol:x~ecl? (check al that app/Y} [] PJerming [] PK)ject Develop~eflt.nd Em4'onmintd [] EngifleerJng end F'm,d P~arm Prepara(6on [] Ri~ of w,y Accps~,n. [] Con~truc~on. [] Con~'uc~n Engineering snd De~cr~be how the proposed project i8 related to the int~rmodat t~aflsportaf~on system by either functmn, prox~miP/or Jrnl:)act (One or more mw ap~y), See At I:achment (c) Wh~eistheproj~::~locamd(aodv~otorethetermifli,;ep~Ol~mte)? IndudeJoctOo~mop See Attachment (03 (e) Summa~e any special c. AaractmistJcs of project. See Attachment: Oe~cribe the i~oject's existing rigt~ of way ow~en~hip~. This de,trilliOn shall identify w~en the right of way eves acquired and how ownership i~ documented (i.e. l~a~, deeds, pre~ctil~ons, cmlJfled sun,eye). See Attachment (~ (g) Descdbe erv~ prop<~ed fight of way accN~on, inducing expected matching fund source, rm~i~Ydofls off fund use or avm]al3Tay, and who wi ocqutre end retam owner~.i~ of proposed d~ht of w'ay. De~:ribe any related project work pha~es ~at ere already corollate or currently underway. I~/A (h) Other specff'~c project information that should be considered. N/A 3. Project Implementatio~ Information: Attach documenta~on ra exhibit, to this form. (e) (b) (c) (03 (e) Olecflbe the proposed me~od of performing (i.e. ¢on~lct or In-house) and Idmifltstlflng (i.e. local el' state) each work pha~e of t~e project If it i~ propo~ed that the project be adminMefed by I gov~nmantal entry othe~ than Depamnent of Tran~portatmn, document that thi~ entity ha~ the f~al, managerial, environmental and engineenng capabi[ee~ to manage the wor~ phase of the project consistent wl~ federal requirements. N/A Describe any pu~c (and private, it appaceble) ~Ul~ort of the propoe4d pmjeof. {Example~ include: written endo~ement, formal dedar~on, re~oluton, financial donjons or o~e~ spprop~ate means). See Attached Latte: Describe the proposed ownemhip and maintenance re~pontJbigde= for the project w~en it i~ completed. See Attachment De~cdbe ~ource of matching fund~ and any' restS'irons on avalat:~Tay. H/A Other specific implementation informa'aon that should be cormdered. N/A p~ect the total estimated cost of the wark reclueated to be funded as ,,n enhancement I~aleot through this al~aca~on'~ Project Devdot~ent and En~nmenti S~c~. Engineemg and F'~al Pram Pre,~"~)n Wc~ Right of Way Acquisi~m. Cons~ction. Construc'don Enginee~g and In~c~:m ActiVes. Oma. (De.dba) TOTAL: s ~ S $ --0-- S 1&2,500 s ~ How v,dll the Ixoject be funded9 Fedmal $ 17 t, 000 + FDOT $ Federal ~ % * FDOT -0- 171,000 J% CERTIFICATION OF PROJECT SPONSOR supl~rted by Collier Coun~_Z. I hereby cef~ that the ~'oposed eflhanceme~t i~ojeCt herein dascnbed ~munK=pal. count, state, fedeca~ agency, or mt)al counci name) and that said enid/wil (1) provide the reqU~ed fun~ng match; (2) entel i~a a maintenance agreement with the Fiodda Depart~ant of Transport~n; (3) comply ~ the Feclrral Unifarm Relocation A.~etance anti Acqu~an Policies Act for any Right o! Way ac'~on$ recluired for the projects; and (4) support othm acbons nece~sa~ *,o ~ im~ement the propased project I furmer cetbfy that the and understand that. agn~:ant increa~l'~L~e costs could .cause the i~aject to Ue es=m~ed~indudedhe~ein"ere~,onaUe ,W,GHT E. B"?.,.CK~'~, · .: .~ .,,"':: Timot. hy' l,. 'Hancock Name (plea type or pdnt) " Chairman ~ ' Td~e --~- .~.~..lst~,~J kt. torne,y ,... 8 A ]., ISTEA Enhancement Project Application Attachment Project Name: 01'~01': Glades Boulevard and Palm Drive Beautification Collier Count~ 2. P'oject Description (b) Describe how the proposed project b related to the intermodsl transportation system by either function, proximity or Impact. The proposed project has a direct linkage to the intermodai trm'~ortation system because of its proximity. The project will beautify two existing County roadways. (c) Where is the project located (and what are the termini, if appropriate)? The project is located along Glades Boulevard, from Airport-Pulling Road to Palm Drive, and along Palm Drive from Glades Boulevard to thc entrance of K-Mart. A location map is attached. (d) Summarize nny special characteristics of projecL The beautification of Glades Boulevard and Palm Drive will be accomplished by providing curbing, landscaped flower beds and improved screening of a pump s~atJon. Thc beautification project would enhance the gateway not only to the Glades Country Club, but also to the Collier County Government Complex and surrounding residential and commercial developments. The proposed curbing will increase safety by dctcrring autos from cutting through the medians. The improvement of the screening around and existing pump station would improve motorists site distance. An irrigation system will need to be installed within the medians from the K-Mart entrance to Teryl Drive, approximately 400'. (e) Describe the projects existing right of way ownerships. The right of way is owned by Collier County. 3. Project Implementation Information: (c) Describe the proposed ownership and maintenanc~ responsibilities for the project when it is completed. The project will be owned by Collier County. The project will be maintained by the Glades Country Club Apartments Association, Inc., as stated in the attached letter dated June 19, 1997. Transportation Enhancement Project Application: The Glades Boulevard and Palm Drive Beautification 8 A 1 Apartments Associ~ion, Inc. ~une 19, 1997 2800 N. Horseshoe Driv~ Naples, FL 34104 Dem' M~. Taylor:. The Glades Country Club has maintained the median on Palm Drive ~d Glades Boulevard since the inception of' the ~ubd~bion. Weekly mowin8 ~d trimming together with regular irrigation and fertilization ~ up to now, satis~ed the prope~y owners and, at the same time, saved the county con~derable money over :20 years. It is the desire of the Glades owners, through the Board of Directors, to request unique super beautification of this area by completing the median with curbing. After the curbing is completed, we w~l design and create Rower beds to brighten the drive. In fact, the Glades has already received a cotmty pe'mit to proceed with a very small segment ot'~s project which amounts to approximately 6% of the pre~ous gross requested grant of 1996. The Glades wi~ continue to maintain the medians in the We a~e also participatin8 in the cos~ of tra~c control (speed bumps) recommended by the county DOT However, we cannot control tra~c making U-rur~ across the grassy medians without the requested curbin& which also protec~ the bikers ~ walkers on both P~lm Drive and Glades Boulevard. We herd~y request th~ Collier Coumy Development Division, through the Commission, approve this project which we initi~ed in 1996. Plea~ advise time and fea.s~illty so that our Glazies P~nnin$ Group can answer the property owners regarding th~ project. Enclosed ~nd the permit and plan as a beginning,. very tndy yours, Pr~id~nt 174 TERYL ROAD, NAPLES, FLORIDA 34112 * (941) 774-689~ · ~:AX (941) 774-2002 PERMIT TO PERFORM WORK AND/OR MAINTENANCE IN PUBLIC RIGHT-OF-WAY 8 A 1 IN COLLIER COUNTY, FLORIDA DEVELOPMENT SERVICES DEPARTMENT DATE RECEIVED ~ PERMIT FEE PAID Approval is hcrcby requested by Gla,~--"s Count[r ~ for the purpose of Be u t ': c ' ,~ at/on Gladds .~oulev ~ · .~. ,-, Tract/Lot No. "---' Block .,.d~.~. o .... -.,. ,-.. , .. '$ i n Sec. 1362 O The work herein described an~ permitted is to be'commenced On or'abo~t .$um.'ner./l:'al! 1997 and completed appr6ximately aa money is available Expiration Date 1. Work shall be performed in accordance with ipproved plan, Co~itioos of l%rmi! appearin~ on rever~ side. stiixzlationa specified as part of this permit and in Owner/Agcnt .., ' / " Addrea~ 174 er '1 R ad :" ~F~, 3'4112 ;- amia--with Collier Com~? Ordinance ~-64 an~ . ~k,"~"~b'~ ~,~Ri~'V/'Y' ~~' $~~it~n..'~ 774-6899 A~li~ ~ ~ pfi~ m filing ~ a~li~tion ' ~ ~ ~ ~ ~ ~ ~1 cx~n~ ~li~... ~ ~ ~'~ ~ ~ ~ Collar C~fl~' ff ~e a~[otJon is .~ ~ ~y ~n or fi~ ot~r ~n ~ ~r of~ p~ involve, a wrMcn con- s~nt from t.~ property owner s~all be requ. ir~l prior to processing of.the application. Developmemt Serv,ces Department approval does no~ exempt the permittee from f, alnin{ approval from any State, Federal or Loc~ Agencies Kaving jurisdiction over -- the proposed work." ~" ~'." .O -' "' · ~._..d · ~':'-, - APPROVED: DEV_.EL~O_~MENT SERVICES DEPARTMENT DATE __~ _..c, ~'.,..- g,._.,- ~.~ ._.¢ $/., .,..'c' . MISCELLANECUS COPY · DAVIS BOt,/t~¥,*~'~ CXI~TIOfl (S.~. 84) THC CR. AD~5 C.C. APT$. NO. 7 ® ES*TAll: D LAKE; B~RETT ISTEA Transportation Enhancement Application Prepared by: Victoria Park II Property Owners Association, Inc. June 1997 APPUCATION FOR TRANSPORTATION ENHANCEMENT PROJECTS 8 A ]. Project Sponsor (municipal. county, state, federal agency, or tribal ccuncX): Contact Addresl Phone Pdor~/(reMOve to o~ar al~nl sutxnitted b,f the PrOJect Sponsor) Name of Apr~r~c.nt (If ot~er ,an Project S,nsor): ~r,~-~, /"f)., /~J(.-. 1. Qualifying Enhancement Check I~e enhancement ecl~,~y which the prop(~ed project wil addresl. (NOTE: Checking all activities possible does not ensure or incr~'.ase eligibility. Each activity checked must meet all criteria listed for that activity In Appendix A of FDOT Procedure #$25-030-300). [] prov~on of fac~We~ fo~ peclestnans and bicycles. ' [] Acqu~on of scenic easemenlq and scenic or histonc s~es. [] Scenic or hi~odc highww programs. /~ Lanctica~ng and oCher scenic besu~ca~on. [] Rehlbilit~lon and operation of historic transl:)Ortal~on I:~ic~'tg~, structures or factltilm (indu(:~lng hi~ohc rairoed facit~es end canal!. [] Preservation of abandoned raihvay corridonl (incluo~ng me conversion end use thereof for pedeslTlan or bicycle [] Control end removal of outdoor adverl~ing. [] A/chse(:~(:)g~cal planning end research, [] Mi~galion of wate~ polul~n due to highway runoff. A'-r ?~.,~e..b Oesc,"foe how Ihe peol~sed project ie r¥~ed m ~e intermodal tr~n~pormlon m/~tem by eit~e~ func~n, prox~m~ or impact. (One m mo~'a may al:~lY). (c) (d) (e) (~ (g) (h) 3. Project Where m ~e ~'oject located (and wh~t a~e ~'.e termini, Jf spproprtate)? Include lac~on map. Summarize any specid charactert~t~al cf prcjecL De~cfibe t~e project's e'~ltng fight of v,ly c'w~emhip~. Thil dasc/~ol3on Shd identfy when I~e right of way v~ acquired and how ownership e~ aocume.'.tl~ (i.l. pla~. deeds, prec,,rip, ohs. cef1~ed surveys). Dascfibe am/proposed nght of way scc~',--~n, including expected matching fund source, imitations on fund use Cr availability, and who wil ~cqU~re and ret~.~ ,-~¥ner~hip of proposed n~ht of way. Oescnbe any related ~'oject wo~ p~ases m~ are already complete or cun~n~ unaen~ay. O~er specific project inform~on ~at sr.o~ld t:e conaldmed. Implement. alan Information: Attach document~on as exhibil3 t~ t~i~ form. (.) {¢) Oe~ibe ~e prolx~ed me~hod of performing (i.e. contract or in-house) ,,nd admini~'.mtng (La. local or state) pha~e of I~e project. If I~ I~ I~OlX~ed ~at ~',e project be admini~tmed by ~ gavemmw~l espy affie~ than Departmem of Tmmpertmlon. document ~at ~i~ entity ha~ ~e ~ manag~al, en~ronmantal and engineenng ~pabiMle~ to manage ~he wo~, phase of ~e project m~,~tent ~ federal req~ement~ Desc,ibe any pubic (and private, if apptcable) support afl~a ixoposed project. (Examples include.' written endorsement, formal dedm'ation, rasok,'tion, financial donations or other appropnate means). Describe I~e prOl:X>sod ovmership and m,,~ntansnca responsibiffies for ~e project when it is completed. Deecfibe ~ource of matching funds and any re~,~rm on availabity. ,,,., C~er Sl::~:~ impte~nen~n informa~on I~at should be cashiered. 4. project Cost:. WI~ m the ~ e~mated co~t of ~e w~tc reque~4~ to be ~und~ ~ an eflh~nceme~t project $ ~ S -..~..=Z3=-. How'w,dl the lXOieCt ~e funded? Federal $ ~.__.~'7 ~ · FDOT $ "' O '"' · Total $ . ~ ~.'7~ · Federal I O0 *& + FOOT -- 0 "' '& · __ 0/_.{~ ,A CER'rIFICATION OF PROJECT SPONSOR I hereby ~er'~/that the proposed enhancement i~oject herren deSCribed is supported by ~ (munidpal, county, state, federal agency, or tribal counc:l name) and that amd en~/wil (1) prc~de the required funding match: (2) emro into a maintenance agreement w~th the Floricla Oepam'nent of Tran$1:x3rtat~n; (3) compty w~ the Federal Uniform Reloca~on ~tance and Acqui~Jon Pa~cies Act for any Right of Way ac*,JGn$ recluired for the projeCs: and (4)/,up1>a~t other ac~ona nicet&&'y to fury implement the proposed project. I further cern/that the mmated coat~ included he'an are reasonable and underatana that ~gndtcant incree~ .Ir~l~e, cost~.,.c.qu~d ca~e.th.e,.,project to be removed from I~e Flora Depamnent of Trarmporta~on work program. Chairman ~7 8 A ITEM 2(a) Applicant is s~¢king $$6.272.00 to plant trees along two public roads within Victoria Park Ii. a murat off Airport-Pulling Road in the northern part of Collier County. As detailed non-gated corn .!~y · · -- --- ~-~- ..... ~,,* · trees and is re uesting funding only below, applicant wtti provmc the necessary tau,~, ,,~ ~ ..... th q for the purchase of the trees and related supplies. Sections of road to be streetscaped are highlighted in color on the plat maps attached to this application. ITEM, 2(b) The proposed streetscaping project will: (1) be carried out either within the public right of way or on land owned by the Victoria Park !I Property Owners Association, lac., which abuts the public right of way; (2) enhance the appearance of public roads within the non-gated Victoria Park community; (2) provide cover for children walking to and from the Pelican Mar~h Elementary School; (3) lower the temperature at ground level by providing shade, which, in turn, will help minimize electrical consumption for the air conditioning of nearby homes: (4) provide a habitat for wildlife. ITEM 2(c) The project will be carried out along two public streets within Victoria Park [I, a non-I}ated uni Trees will be planted along both sides of Nottingham Drive. beginning at its lx~nt of .c°mm .. ty' . ............ u~...,~, and concludina at the terminus of Nottingham. Trees will also itltersectlon wltri WInCuca4.~ w ,.a.,-..~ -be planted along Hidden Habour Drive. See attached maps for areas to be streets:aped. ITEM (1) The project will feature..tre?, w~hi.c..h aw ei~cr_~n~.._tiv__e_.t°' Florida or conform to the landscape guidelines embodied in appncaole ~..omer ~..oum7 ormuau~,;~. (2) Because Victoria Park is a non-gated community, the public will have access to the roads which ave the subject of this strectscaping project. V~ctona Park has become well known throughout Collier County for its annual display of (3) ' ' . . - . · ........ ,, .'-- ~.~- within Victoria Park with lmmmules. Ch~stllla~ lumlllane$. [:~alCIl y~ar, l~sloetlt$ ilIlC a,l~ I. uz~ iuaua varlous retirm,nent ann ass~su.~u....~nvm~-,,.,,,-,--.. ---e r'-r--~ . ,..- · nei~hood even more inv,un.{ a. nd.: .when the tr,~s reach a sumc~en, s,~, decoraling opporlmmifies during the ~o{maays. ITEM 2(e) The right of way for Nouingham Drive is owned by Collier Couuty, as shown on the foi{owiug filed plats: "Victoria Park Two" in Plat Book 12 at pag~ 6ii; 'Victoria Park Two_A_dditiou" in Fiai Book' 13 at page 46; and sheet 2 of"Victoria Park West in Fiat Book 13 al pate i 8 A 1~ ISTEA Transportation Enhancement Application Prepared by: Golden Gate Beautification MSTU Advisory Committee June 1997 $.T.E.A. Transportation Enhancement Application Il It Phase I & II Golden Gate Beautification M.S.T.U. Prepared by: June 16th, 1997 APPUCATION FOR TRANSPORTATION ENHANCEMENT PROJECTS Tltt~ ,, GOLDEN GATE COH]~qT. TT ROADVAYX ]~FAIITTFTCATTON MASTL:'~ PLAN S~nsor (mu~p~ c~n~. m, f~ a~. of ~ coun~ CoLlier County. Board oE Coun~ Commissioners CO-CHAZPd~AN ~E L. NEVHAN ~101 315T A~T. NUE. (9~1) 353-7969 C/O STEVE' FA~IANO FAX .. (941) 776-5375 ~r.M'dv. tn o~ appica~one eubmd~id by the Project Sponsor). · fAil, cant (If other than Project Sponsor):. Qualifying Enhancement Activities GOLDEN GAT~ ~F~.ITTTFTCATTON HTYNTCTPAL R£R~'TtTE. TJ, YTN~ ONIT (~STO) AD?ISOR¥ CO~ITTEE :ha enhancement aclMty which the proposed peoject wi address. (NOTE: Checking an activities possible does not eflsum lass eligibility. Each activity checked must meet all criteria llsted for that activity in Appendix A of FDOT Procedure J. I [~ PraviNon of fac~lies for pedestr~m and bicycles. [] Acqui~don of sce~ e~eme~ ~d s~ or h~nc ~m. ~ ~n~g ~d ~m ~e~ ~n. ~ H~dc ~.~n. ~ M~on ~ ~n ~e ~ ~ mno~. ~) D~=ibe how ~m proposad I:m~J~<:~ b rda~d t~ Ulm intarmodal transpo~allon systam by ~itb~ func~on, Ixoxln~y or Impact, (One or mom may apI~Y). (c) (d) (*) Whm'~ i~ ~e project located (and what m'm I~l termini, ii' appmrMate)? Include Ioca~on romp. Summarize m~y ~pedal chamcted~t~ of project. Describe the project'~ e~r~ng right at'wa,/ownm'w,~il:m. ~ delc3'ipbon ~hll ~ent~y v~qen ~.e right of wiy Y~as acquired and how awnemilip is cloctm~ented (1. e. pial~ deeds, pr~escdptlon~, certified lurwys). (f) (g) Desc~lt~ any proposed right of way ~:quisi~on, including mq3ected matching fund source, imit~dons on fund use or avMal:,lity, a~d who wa acquire a~d r~ain ownaf~J~ip of pro~ right of way. Dem:ribe any rMatad project wod( phases t]~at are af~rady complete or currentty underway. (h) C~er specific project informa'don t~at st~ould be con~icl~ed. 8 A 1 Project Implementation Information: (SZ;~* AI'~A~) documentation I~ exhibttl to U~i~ form. (.) (b) (c) (d) (a) Describe ~e proposed ownef-.~p and maintanance respon~'bitles forffie project when il. is completed. ~ moufc~ o~ m~m~ing funds mhd any re~,,lzictorm on Other irmci~c Imldementm~on Jnformmban thmt ~ould be conmidm'mcL ..~ ~ ~m~Jd co~ of ~e wo~ re~ested to be ~uncl~ ~ an enhancement project throu;~ Ptanntng Actlvfles, I:)mject Development and Environmental Stuc~et Enginee~g and F'mal Plans Preparation Wofl<. I~ght of Way Acquis~on. Conslruc~on. - MEDIAN Cormzuctlon Engineering and Inepection Ac'4vilte~ Offier. (Dmcrtbe) - S1:DEVALXC./R]:£E PATR TOTAL: $ $ $ 2~7.000 53,000 n ,ooo Howwi the project be funded? Federals · ~TU*$ 100 000 =Totals Feder~ 70 % + ~TU* 30 % = et~TU - Municipal ~ef'vlce Taxing Unlt} 325:000 100 CERTIFICATION OF PROJECT SPONSOR ~ that the proposed enhancement project herein d~bm:l is supported by ~ (municipal, county, state, federal agency, or tubal counc:l name) said entity wa (1) provide the required fundng match; (2) enter ima · maintenance egreement wtth the Florida De~ar~nent ct' rt~an; (3) compf/vv~ the Federal Uniform Ra~ac~on As~stance ·nd Accrui~an Policies Act far any Right ofW~y a~ons for the project~: and (4) support omer a~ons neces~a~/to fury imr~eman! the proposed project. I fur~er cert~/t~at the d costs included herein are reasona~e and understand tha~ significant in~ease.A~ :costs could causa.~e prcje~So be ", : Item me Flo~da Deparm~ent of TrL,~cx)r'-M~n work program. Name (please type or pdnt) Chair~ ~'ppC0':~d ~s to f~ra It le~al sufficiencY/~°'m'"'~ ATrA~ 8 A .L, Co) Dcscn'be how thc proposcd l:m:~cct is r~h2d to ~c ~ ~fi~ ~ ~ ~ F~ P~ - 2.1 ~ ~ o~ ~ p~y ~ ~. ~P~- 1 ~e ~ ~~~1 C~951 ~P~- I ~~ oE ~C~ gSl P~B". F~P~- 1 ~~of ~ ~B~~N~ ~ ~. F~P~- I ~e~of ~B~~N~~. ~e a~ve d~el~ ~ ~ ~ ~I~ ~m ~ ~ ~ P~ (see a~ ~ S~on 7, ~g ~d F~g ~h~ Pag~ 7-I ~ 7-~). (c) (03 County Road 951. Somh . Pm A (Phn~ I & II) project b,u a func~onal r~latiomhip m I~ intrrm°dal ~ system t* a "Gateway Connector- ro~d dir~.=tly adjac~t m 1-751C.R. 951 Gateway u des~ed in Cc~e~ County Str~tscape Matter Plan as pertaining to ~ 2010 Fiaancia~ly Feas~ie Plan and part of Collier Comb's 5-10 Year Work Where is the project located (and what az~ the term~ if appropriate)? Thc project h locate! North ofi-75 Exit 15, between th~ Golden Cta~ Main Canal and Golclen Gat~ Parkway. The consuu~on of landsc~e medisn and sidewa~1~ psths benveen the desex'bed ar~ is a distance of tpproxim~:ly on mile. (Location m~ attached) Summarize any special ~cs of the project Beautification Muter Plan", r~iewed, approved sad accepted by The Board of Collier (e) D~s~'oe the p~jec~'s existin~ rig, hr-of, way ownerta~ip. The project is emiz~ly within Collier County owned right-of-way. Documeamion of this m~y be fouad ia the Collkr Couaty Official Records Book. Mor~ specifically ioca~! rum~g aJong the common section line between Sectiom 26 sad 27, Towmbip 49 South, Range 26 (0 Describe any fight-of-way acquisition. Not applicable (no right-of-w'ay acq~.~don necessary). (g) Descn~oe any r~lated projec~ w~k phases that ar~ atr~ady complete of cutr~dy First Part as Golden Gate Parkway between C.R. 951 and Santa Barbara Boulevard, ~al~cr~in~tely 2.1 ~ of medlan hndscapinl has been completed by this Munic/pal ,%tv/ce Tax/ag Unit (MSTU over a ten(10) year tizm,6m~. Taxpaye~ in the four(4) squa~ miles covered by this MSTU elec~ to tax themselves in ord~ to have their medim lmdscaped in a timely fasb/om This MSTU was the second of its kind establhhed for median Ch) other specie pmjca iaformafion d~ should be comi&-rcd. The proposed project would upgrade and improve the adjacent n~ighboFnood's environment by providing a safe wute for non-motored ~tion modes as well as following with the Collier Count~ Growth Management Plan requiring comideration and plaztning for altermte mod~ of wmspormion. 3. Project Implementation Information: (a) Descr/be the p'wposed method of perform/ns and a~mi~i~tc, rmg each work phase of the project. ~ proj~:! would be ~,'ncd thwugh Coil/er Cc, unty Tr-anspo~t/on Landscaping Serv/ce and the Office of C.-pital Projecu Mamggrne~t. Desto'be any pubUc SUlRX~ of the project. O. er, es of endormm~ attached) (c) Describe the pro~os~ ownership and maintenance for the pwject when it is completed. Collier County Board of Coumy ~ioncrs will own and maintain the project after completion, with admimstrat/ve assi.~cc by the Golden Gate MSTU Bcaum'icat/on ^d,oory ~. (d) Dcscn'hc the source of mashing funds. The Golden Gate Bcam:ig~catinn Mttnicipal Service Taxing umt, will be thc source of matching tun& u indicated on spplication. (e) Other specific in~~ informatinn. The C-olden Crate Beautif~ation Municipal Service Taxing Unit (MS'Il0 has committed to pmvi&ug costs a.va~-iated in the admmistn~e t~-tancc for the maint~mance of the approx~tely 2.1 miles of Golden Gate Parkway, approved May 27, 1997 by thc Board of Collier County Comm~ioners for County landscaping ma/ntcnance. Upon in~lemen~ion of C.R. 951 Part A (Phase I and IT} Project, Collier County would assume all mainmmnce r~l~mm'bility of this roadway and again the MSTU would commit to 13.'10 FA~ 041 332 1743 CONGKESSILUq June 13, 1997 Scats of ~oridaDepor~menC of Transportation TollahaJiee, Florida 32399-0450 LoC me Cake Chis .oFp__o..r~.un£~? Co express my ru~por~ for the grant appltcotionfor ~'~zunding s~l~Lctedl~ the Golcte=Gate BomHtificatio~Municipal Service Taxing Untt (M.S.T.U.} Axtvijory Ccm=~l. ctee. ~002 The Golden Gace Beautification M.S.T.U. Advisory Colamittee comm/t:ed Co enhancing =he beauty of local roadways in of Golden Gats os these roads serve as a gateway into ColliorCo~nty from~he east and from 1-75. These plans are consistent wi~h Collier Coun:¥,s S~reetscapo Master Plan whic~has alroady~rea=ly enhanced the roadways and mod/OhS of t~e major arterial roa~s in,he County. As Collier County un~rgoeemajor tncr~asos tn bot~rest4enc and viattor~opulationa, lc is ~cremely i~~t for 1~ml c~Ctoe ~o ncrt~ for acCra~ive~d lifo ~adwa~ C~C will se~e Chis ~h. ~ ~l~n~te M.S.T.U. ~viso~~CCe~s ga~e~d a fine s~ of s~orc fr~ local ~sinesaes~ o~zaCi~j. ~e M.S.T.U. will in facU conCri~Ce 30% of =~ f~ng for =h~ project. I hope Chis ap1~ltcationrecetves every consideration for ISTKA futureS. A ! PG:lu Poz~cerGoss Member of Congress 07- FRX 08:41 FIT ! 041 ??4 8143 FROBATZON ~J002 Golden Gate Area__Chamber of Commerce -~Mm am ncam~on ~ S.T.U. ;101 31ft Avu~2e S.W. .~olden (~ ~rJcLt 34116 '°/d~ ~ Ar~ ~ of' Conaz~-ce 141)774~60 8 A ,S~II Ofyis 81~d. Na~es, Florida 33942 (94 I) 455.3 I00 GOLDEN GATE AREA CMC ASSOCIATION 4701 Golden Cra~ Parkway Golden Gate, FL 33999 ."herylc Newnum :o-Chai~ Golden Crale Beautification M.S.T.U. Advisory Committee ;I01 31st Ave. SW ~den Oa~, FL 34116 ,me 13, 1997 )car Cherylc, vledian beautification is important to the ae~'thetic of a~ny roadway. As you know, County Road '51 is a main artery road leading into Golden Gate as well as an access road to Io75. Many :mrists as well residents travel it daily. Dn behalf of thc Ooldcn G~ ' ' ' :' Ar~a Civic Association we extend our support to the efforts of the ~oldrn Oa~ Beautification M.S.T.U. Advisory Committee to beautify County Road 951, and ~ submittal of the ISTEA Grant application for l~iential funding. ineerely, 4axia Tuff, President 5oldcn Oate Area Civic Association ~JO02 ~me 12, 1997 4100 O(dd~n Gt~ Pm,]rwry Nf, pI~, FL 84116 (941) 4~5-1010 Ft.~ (941) 455-4038 CherTle Oolden Gate Beautification H.S.T.U. Advisory Co~n~Lttee 5101 $1st Avenue Southwest Raples, Florida 34115 To Rhom £t Hay Concern: Th,ts letter is to shov our support of the a~forts o[ the Golden 3ate Beautt~¢a~£on Advisory Core, tree to beautify ¢oR.951 to the $outh.o~Golden Gate Parkway. Me also support the sut~ittal of the I.S.?.E.A. Grant application Eot potent£al ~undin9. Resort/Hotel Operations 14:111 FAX I 013 45S 40;38 ~1003 Juno 12, 299"/ ~eryle ~emn~u Co-Chaicla~ 3olden ease Beautification H.S.T.U. Advisory Committee 3101 31at Avenue Southwest ~aplae, Florida 34116 Fo Mhom it N,~y Conce~-a: rh/s letter is ~o shoe our support of the ei~orta of the Golden late Beautification ~dvisory Com~tttae to beautify C.R.951 to the touth of ~oldenOate Parkway. Me also support thn Bubmittal o£ tho I.S.T.E.A. Grant application for potential fund£ng. Sincerely, !imothy C. Fredeen £esd P.O.A. Golf PrafeeBional (813) 455-10'10 · (941) ~~ ' ~ (~1) 3S~9~ ~, ~b~aol.mm ~ ~0P~ * S~0R ~ * ~~ G~ ~ * ~G~ES E~0 I, 1997 lc Newman n Gate Beautification ~ ^dvisory Committee Hst Ave SW t~ FL~4116 xc~ted to see yo~ hm-d hours of work bringin8 so much pride nnd enjoyment to our community. ~ecially delighted that yo~ work on beaudf~ng the Gateway to thc ~ (County Road 95 I) is ssing so well The ISTEA grant is a most appropriate u~e of funds since yom- project is the enn-ance to the ; ¢otamtmity az~d is ~ljaccm to hzt~-tat~ 75. done so many creative thing~ to make om' commtmity beamiful, and really appreciate yom' effom to I W. Tuff June 12, 1997 To: Golden C'~ae B~cation Advisory Board Co-Chair: Chea'yl Newmaa RE: CR 951 Mectiaa B~cation Dear Cheryl, Cheryl, I agree with your Advisory Board opinion to landscape County Road 95 I. As you know, that is a Gateway to our Community viva 1-75. Because of lack of funding source available in the Golden Crate Community, seeking I.C.E.T.E.A. grant money is a perfect choice. Again, thank you and your colleges for your dedicated community involvement. Golden Gate Auto Repair 1680 440~h Terrace S.W. Golden Gate, Fl. 34116 _ ._ (941) 455-9448 (office) (941) 455-9566 (fax) ( HA UE Quality Water Division of Golden Gate Well Drilling Co-Chairman Golclen Gate Be~u~[~ica~ic~ 5101 31~c. Ave ~.R. gaplea, ~. ~4116 S~iy, 2 40th Terrace S.W. · Naples, Florida 34116 · Office: (941) 455-8775 · Fax: (941) 45.5-8789 June 13, 1997 8 A 1' Mrs. Cheryle Newman, Co-Chairperson Golden Gate Beautification MSTU Advisory Committee 5101 31st Avenue SW Naples, Flodda 34116 RE: ;STEA Grant Application / CR 951 Dear Che~e: Oh behalf of Collier/Naplescape 90's, a not-for-profit (501c3) corporation whose mission for the last decade has been to facilitate landscape for our major County rights-of-way, enthusiastically endorses your application for federal (ISTEA) funding assistance with your CR 951 project in Golden Gate. You~ p~'oject is er~drely consistent with the Collier County Streetscape Master Plan prepared by this office and which was unanimously adopted into Collier County Code by our Board of County Commissioners. We congratu~e you and your consultants for the initiative you have taken to see this most important segment of roadway landscaped, especially given it's mufti- modal significance. We would hope to work with you in the future to ensure implementation of this project. As you know, roadways, landscapes, bike paths, and walkways are sorely needed in this heavily trafficked corridor. Best of luck with your ISTEA submission. Should you require further assistance for your work on CR 951, please do not hesitate to call. Best Regards, Collier/Naplescapq 90's George President cc: collier county Board of commissioners C/N Board of Directors Steve Fabiano, Collier County Transportation Michael McGee, Landscape Architect Collier/Naptesc31~e g$1 Moc~ Ct. · Marco Island. R. ~4145 · g41/~4g-72~.~ · fax g41/T~42-2065 8 A I ' Future Phase I OLD GAT' Future Phase Future Part "B" Proj HERON ~,x~ ~hase 1 & II I ~ollier County, Florida' LOCATION MAP :Golden Gate Canal to Green Blvd.) [oadway descriptions: A 2 mile roadway running north and south within a 100 foot wide road right-of-way easement. This roadway will be subdivided into two smaller sections. Part "A" is the southern one mile south of Golden Gate Parkway and Part "B" is the northern one mile north of Golden Gate Parkway. Both part "A" & "B" are divided four lanes with curbed medians and curbed outside traffic lanes. The posted speed limit is 45 MPH. The entire roadway is a major County, Community and Golden Gate City arterial roadway. The southem end of Part "A" ends at the first Naples northbound Interstate 75 interchange. This roadway is a major entrance into the Golden Gate Community. Par: "B" roadway is built 50 feet (+/-) into the existing 100 foot canal easement. Signalized intersection: Golden Gate Parkway :urbing: ~edian' O~scription: Side Rights-of-Way: Par: "A": Medians and outside traffic lanes are all curbed with vertical type "F" curb and gutter. Part "B": Medians and outside lanes are all curbed. The 3 medians between Golden Gate Parkway and 20th PL have vertical type "F" curb, The remaining medians from ZOth PI, to Green Blvd. have mountable type" E" curb, The outside traffic lanes are curbed with vertical type "F" curb and gutter, The medians with turn lanes built in them have solid concrete separators the distance of the stacking area of the turn lane, Part "A": There exist .89 miles of median green area cfrvided into 3 medians. These medians are grassed and slightly elevated above the curb. The firs~ median at the intersection with Golden Gate Parkway is an 8 foot wide solid concrete separator. The medians generally are 18 feet wide. Part "B": There exist .90 miles of median green area divided into 7 medians. These medians are grassed and sr~jhtly elevated above the curb. There are exisl~ng cabbage palm groups planted towards the ends of the mediar~ The noses of these medians have been planted with various native plants as an experimental project. A review of this plant material may reveal plants that could possibly be utilized in future plantings. Part "A": The west side right-of-way is a grassed shoulder that slopes into a drainage swale. On the east side of the right- of-way directly behind the curb is a standard metal guardrail that extends the full length of the section of roadway. From the back of curb, under the guardrail, a distance of four feet (+/-) is asphalt pavement~ From the end of the pavement under the guardrail starts a grassed canal bank. 3-7 March 1Zth, 1Bg7 ;.R. 951, South :oadway signage: )verhead utilities: :oadway lighting: 'edestrian walkways: like pathways: :oadslde Development: Part "B": The west side right-of-way is grassed with a 5 foot sidewalk along the right-of-way line. The grassed area is either level with back of curb and/or sloping into a drainage swale. The east side right-of.way has a grassed retention swale varying in width starting at the back of curb. This swale is prior to the canal top of bank. This retention swale handles roadway drainage prior to flowing into the adjacent canal The roadway signage consists of metal traffic and road identification signs mounted on 4" x 4" wood post and metal poles. Both Parts A & B have overhead electric transmission lines along the west right-of-way line. Part Part "B": Part Part Part "A": Part "B": There are no street lights continuously along the roadway only at the intersections with other roads. There are street lights continuously down both sides of the roadway, The street lights are standard mansard arm metal poles with cobra head light fixtures, There are no sidewalks on either side of the roadway. There is sidewalk along 95% of west right-of-way. There a,'e no off-road or on-road designated facilities. There is a 5 foot off-road facility shared with Part "A": Part Along the east right-of-way line is a 100 foot drainage canal easement" Along the west fight-of-way line from the Golden Gate canal to a point SOO feet (+/-). before the intersection with Golden Gate Parkway is a golf course facility. The remaining $00 feet is undeveloped commercially zoned property. Along the east right-of-way line is a 100 foot drainage canal easement. The west right-of-way has heavy roadside commercial development existing and the remaining vacant property is zoned for continued commercial development. 3-8 March 12th, 1997 8 A 1~ 8 A Section 7 , N Ga e caul. a2 o Ma t r ire lear Roadway Phas£ng & Funding Schedule 'he phasing and funding schedule was developed to address the ollier County major arterial roadways within the M.S.T.U. first. t is apparent these roadways are the Gateway roads within the olden Gate community, as well as the southeast Collier County/ aples Urban Area (See Table 16). This phasing schedule is in .eeping with the Master plan goals and original philosophy behind .he Golden Gate Parkway East roadway beautification project, · hich was to beautify the main roadways that would best benefit .he Golden Gate community and Collier County. The phasing and funding schedule is based upon the concept to ontinue the public/private partnership with the Collier County .oard of County Commissioners. This schedule is also consistent -ith the Collier County's past actions to assist in funding and mplementation of roadway beautification within the Naples Urban ~ea on a cate by case basis. The schedule is also consistent with he adopted "Collier County Streetscape Master Plan" methodology, ntent, and streetscape network of roadways to be improved. The .ethodology of the five year schedule is to assist the County in 'educing the time frame and funding cost of the roadway landscape mprovements by utilizing local residents tax dollars and 'olunteer services for administration of the projects. This five · ear schedule benefits the County as a whole and local residents .y saving money and beautifying Collier County roadways. The-schedule cost does not take into account potential .utside funding from grants or private local organizations. The ost shown in Table 16 for maintenance has a ~hree percent cost of .lying increase per year and the M.S.T.U. capital revenues include conservative three percent yearly increase. The 1996-1997 ..S.T.U. revenues showed a six percent increase. The lanning/Design and Capital improvement cost are based upon 1996 1997 dollars. Based upon past and present improvement cost for :ounty roadway landscape projects the five percent contingency .isted in the "Typical Beautification Improvement Cost for :oadways" tables would be anticipated to cover cost increases over .he five year schedule. 1.' . . Pa t 'A' " (Golden Gate Canal to Golden Gate Parkway, Eas~) m tat'o a e: · ndsca an: 7-1 FY 1997-1998 Type Vl Based on median area only. Existing curbed roadway. March 12th, 1997 (Golden Gate Parkway, Baat to Green Blvd.) FZ 1998-1999 Based on median area only. Existing curbed roadway. (Coronado Parkway to Green Blvd.) F~ 1999-2000 T~V Based on median area only. New & existing median curbing. (Golden Gate Canal to Coronado Parkway) FY 2000-2001 Based on median area only. New & existing median curbing. 8 A 7-2 Narch 12th, 1997 ISTEA Transportation Enhancement Application k le · · Prepared by: Immokalee Beautification MSTU Advisory Committee June 1997 Transportation Enhancement Grant Application for vonte ~o Immokalee "~~ ~o~e" Preparedby: Immokalee Beautification M. S. T. U. June 16th, 1997 Project Title: APPLICATION FOR TRANSPORTATION ENHANCEMENT PROJECTS [I'9~OKALEE DOWNTO/~I STREETSCAPE BEAUTIFICATION 8 A .Lt Phase Project Sponsor (municipal, county, state, federal agency, or Inbal cauncd): Collier County Board of County Comissioners Contact Denise A. Smith T~e Co~m~ittee Chairperson Addres~ c/o 1400 North ISth Street, Immokalee, FI, 34142 Phone ga 1-657- 3171 FAX 961-657-8482 Priority (ralalNe to othe~ appicattons lubm~ed by the Project Spon~r) Name of Apl:~cant (If other than Project Sponsor): lmmokalee Beautification H.S.T.U. Advisory Committee 1. Qualifying Enhancement Activities Check Lhe enl~ancement a:t~y which the ~'oposed project wd address. {NOTE: Checking all a'ctivitles possible does nol ensure or increase eligibility. Each activity checked must meet all criteria lisled for that activity in Appendix A of FDOT Procedure #525-030-300). [] Provision of faoMies for pedestrians and bicycles. _ . [] Acquis/tfon of eoemc easements and scenic or historic siles. [] Scenic or historic h~ghw"W programs. [] Landscaping and ob~er scenic beautification. [] Historic preserva~on. O R ehabittatton end operaUon o! h~stodc transportation bugdings, structures or facies (inducing histo~c ridroad faci~es and canals). [] Preservation of abandoned rdway corridors (including the conversion and thereof for pede~Man or bicycle traits). [] Conb'ol and removal of outdoor adved~ing. [] A[chaeological planning and research, [] Mi'dgafion o(water pollution due to highway runoff. 2. Project Description: Use addtl]onal sheeL~ as necessary to respond to the following: 8 A 1 (a) What b/ps of work is being proposed? (check al that app,') [] Planning Ac'ffJvrde~. [] Project Development and Environmental Studies. ~ Engineering and Final Plans Prep=radon Work. [] Right of Way Acquis~on. [] Construction. [] Con~truct~n Engineedng and Inspeclion Act~lJes. Cb) Describe how the proposed project i~ related to the intarmoda~ b'anaportal~n system by eifhe~ function, proximRy or ImpacL (One or mofe may apply). See attached (c) Wherei~ ,;~eproje, ct located (and what are the terminl, ifappropdate)? Indudelocatlonmap. See attached Summarize any ape~al ¢haracteri~tic~ of project. See ac Cached Oescribe the project's ex,ting right of way cwnerahil~. This description shal identn~y when the right of vmy wall acquired and how ownership is oocumented (i.e. plata, deeds, prescriptions, certnfled surveys). See attached (g) Descnbe any proposed right of way acqui~on, including expected matching fund source, Imitations on fund use or avadabdity, and who w~l acquire and retain ownership of proposed rtght of way. See a ct:ached Descnbe any related project work phases that are already complete or currently undenvay. See attached (h) Other specific project information that should be considered. See al: cached 3. Project ImplementaUon Inform=Chon: At, ach documentation a= exhibi~ to this form. (a) (c) Ce) Describe the proposed method of performing (i.e. ¢onlract or in-house) and adrnin~aflng (i.e. local of at=ts) each work phase of the I~oject. If it is proposed that the project be administofed by a governmental entity othe~ then the Department of Trat~portatlon, document that ~ entfly ha~ the fatal, manage~l, environmental end engineering capabiffies to manage the work phase of the Ixoject ¢omdstent with federal requirements. See attached Descdbe any pul:~c (end pdvata, if apl~:a~a) supped of the pr~'po~ed project. (Example= include: written endorsement, formal dad=ration, te~lution, financial donations or other appropriate means). See attached Describe the proposed ownership and maintenance responsibttie~ for the project when il is completed. See attac Describe source of matching funds and any re~tdclions on .vailabity. See attached Other specific implementation information that should be considered. See aC Cached 4. Project Coat: What m the total est]mated cost of t~e work requested to be lunded as an enhancement proje.-"t through thi~ app~cabon? Planning Ac~e~. Project Oeveiopment and Env~onmental Studie~. En~neering and Final Ptan~ Prepara0on Work. Right of Way Acquisition. Conatruc'don. ~~41~ll~iq Inspection Activities. Other. (Describe) TOTAL: S -(3- S ~ S tgo, 706.00 s ~ $ s t95 706.00 How will the project be funded? Feder.i $ ti, 6,779.50 Federa~ 757. Sponsor/HSTU · I~I~')IX ~.50 = Toms t95,706.00 Sponsor/HSTU %'x~ --___ZS.Z.~ % = 100 CERTIFICATION OF PROJECT SPONSOR I hereby cert~y that the proposed enhancement project herein descnbed is supported by Co11_:re r Court t:7__._. . .. (munidpal, county, state, federal agency, or tnbll coun~ name) and Ih at said entity w~ (1) prO-de the required funding match, (:2) enter into a maintenance agreement with the Florida Depa~'nant of Transportation; (3) comply v~th the Feder~ Ur~orm Reioca~on Assistance and Accrui~Jon Poides Act for any Right of Way ac*Jons required for the projects; and (4) auppo~l other a~ons necessary to ~uly implement the proposed project. I further cert~ that the est]mated costs included herein are reasonable and understand th~ s~gn~ficant increaaes in these costs could caU't;,e'the project to be removed from the Flodda Department of Tranaportafion work program. A~EST~: ...'~ ~ . D~IGHi E....'B,I<uI,,~,; )-LERK . ' '.. Timothz__L. Ha~'c~'"'"'" Name (plane type or print) Chairman Assistant Count) Attorne) ' (B) Describe how the proposed project is related to the intermodal transportation system by either function, proximity or impact. The Immokalee Downtown Streetecape Beautification is related to the intermodal transportation system by providing a safer transportation network for bicyclist and pedestrians within the lmmokalee downtown area and encourage alternate means of transportation other than automobiles. (C) INhere is the project located (and what are the termini, If appropriate)? The project along the east and west right-of-way ora .52 mile strip of S.R. 29 that runs from 9th Street to 1.t Street (C.R. $46 West - Phase D. See location map (Appendix I) See Architectural Master Plan (Appendix 2) (D) Surrunarize any special characteristics of the project, Phase II with the pedestrian bulbouts and additional sidewalk areas will create safer and visually appealing pedestrian and bicyclist areas which will improve the physical and economic condition of downtown Immokalee. The possibility exists in Phase II to create flowing pedestrian spaces along the sides of the roadway, while connecting the entire project together with site elements and features. These pedestrian areas will encompass the existing sidewalk and extend to the outer limit of the existing parallel parking space. These areas will have to be curbed, and designed to work with the existing drainage system or flow. The pedestrian areas will include seating, bike racks, trash receptacles, and raised decorative planters. See Existing and Proposed Street Shot (Appendix 3) See Typical Street Planter & Seating Area Plan (Appendix 4) (E). Describe the project's existing right of way ownerships. The project is within State of Florida Department of Transportation right of way. (F). Describe any proposed right of way acquisition ...... Not applicable. P~parcd by fmmokalce BeautificalionM.S.T.U. Advisory Committee June 9, 1997 Page l (G). Describe any related project work phases that are already complete or currently underway. Phase 1 (County Road 846V0 of the Immokalee Downtown Streetscape Beautification project was completed in 1993. Part of Phase 1 was the improvement and construction of sidewalks along the south and north sides of C.R. 846. The only remaining section fronts the Seminole Gaming Palace and the Immokalee M.S.T.U. Committee is currently seeking a matching funds project with the Palace to complete this final portion of sidewalk. These exiting sidewalks are within the County right of way and are being maintained by the Immokalee M.S.T.U. Beautification Taxing District. (H). Other specific project information that should be considered. Main Street is a heavily used pedestrian and bicyclist area. The street planters or bulbouts, are an clement of Phase II that will redefine and increase the area for pedestrian use. The street planters provide additional grcenspace, pedestrian rest areas, visual screening and a barrier between motorists and pedestrians, bike storage areas and an out of the walkway locations for trash containers. These street planters, with the benches and landscaping, become an active social area which is important in the life style of local residents, visitors and in the redevelopment of the downtown area. The street planters also have a safety aspect in that they, along with the planted medians, physically and visually narrow the roadway corridor to slow traffic speeds. They also prevent vehicles from using the parallel parking lanes for passing or travel lanes. The plant materials used within the street planters acts to soften the hardscape, add color, provide shade, and clean the air. Crape myrtle plants were selected because of their ability to provide foliage for summer shade, and open foliage for winter warmth. The ground cover selected is lantana, dune sunflower, dwarf juniper, and purple queen for their low growth habits insuring visibility, drought tolerance and color for accent. See Exiting and Proposed Street Shot (Appendix 3) See Typical Street Planter & Seating Area Plan (Appendix 4) See Phase II Site Elements (Appendix 5) 3. Pro' tIrn I rn n ati nInform 'on: (A) Describe the proposed method of performing and administering each work phase of the project. Collier County Transportation Office and Office of. Capital Projects Management (OCPM) (B) Describe any public support of the proposed project. See attached letters. Prepared by Immokalee Beautification M.S.T.U. Advisory Comrnitlee June 9, 1997 Page 2 (C) Describe the proposed ownership and maintenance responsibilities for the project when it is completed. Immokalee is an unincorporated community in Collier County. The residents, in their continued effort to beautify and revitalize lmmokalee, have recently been designated a "Main Street" and Florida Enterprise Zone' community. The beautification of Immokalee is mainly funded by the residents through a self imposed taxing district. This taxing district, known as a Municipal Services Taxing Unit or M.S.T.U., is established by a county ordinance. The funds collected can only be used for beautification and maintenance within the District's road rights-of-way. The Beautification District is ultimately controlled by the Beard of County commissioners, but is directly overseen by an Advisory Beard consisting of volunteer residents who reside within the District. The landscape maintenance of Phase II will be performed by professional maintenance firms contracted with Collier County. With it's past experience with Phase I the Immokalee M.S.T.U. Beautification District has developed a maintenance program that addresses the demanding and special needs for an urban area landscape project. (D) Describe source of matching funds and any restrictions on availability. lmmokalee Beautification M.S.T.U. as described in 3(c) above. (E) Other specific implementation information that should be considered. Not applicable. Prepared by Immokalee Beautification M.S.T.U. Advisory Committee June 9, 1997 Page 3 Immokalee Chamber of Commerce q07 I~ooeds Avenue Immok¢lee. Florida 33q34 (813) 657-3237 February 3, 1997 RE: Immokalee Beautification M.S.T.U. Advisory Committee S.R. 29 '~Mainstreet" Project TO WHOM IT MAY CONCERN: The Greater Immokalee Chamber of Commerce is glad to endorse the efforts of the Beautification Committee to improve the Immokalee main street area. Improvements of this area have long since been needed. After almost 10 years of developing this project we are overjoyed to see the project become a realization. Since the Chamber is in the business of promoting it's community, this project will certainly enhance our job. There is much hope and belief that the beautification of the main street area will help to change the image of Immokalee and strengthen it's economic base. The community of Immokalee needs this project and hope your consideration of it will be a positive one. Sinceleely, Raymond T. Holland Vice President Greater Immokalee Chamber of Commerce 907 Roberts Avenue Immokalee, FL 34142 941-657-3171(daytime Ofc) Redlands Christian Migrant Association 402 W. Main Street · Immokalee, Florida · 34142-3933 Phones: (941) 658-3560 · SunCom: 974-3560 · Fax: (941) 658-3571 January 31, 1997 lmmokalee Beautification Committee [VI:;. Denise S~th 1400 N. 15' Street Immokalee, Florida 34142 Dear Ms. Smith: Redlands Christian Migrant Association is writing this letter in support of the comprehensive plan for the Main Street Beautification Project. There are already noticeable positive changes in some of the building facades, as well as general cleanliness of sidewalks and streets. RCMA is waiting for a response on a grant proposal to the National Endowment for the Arts for the multicultural mosaic tile mural which will serve as a centerpiece of pride for the community. We believe that the active participation and involvement of the citizens of Immokalee concerning the direction of the Main Street Project will ensure a positive image for years to come. We continue to look forward to the many changes that will bring the community together as a whole. Sincerely, Barbara Mainster Executive Director An Equal Ol~portun~ty Eml~loyer Funded in Part by 8 A 1' 506 South First Street · Immokalee, Florida 34142 Telephone (941) 658-1313 · Toll-Free 1-800-218-0007 February 3, 1997 I~okalee Beautification Committee Denise Sm/th, Board President 1400 N. 15th Street Irmmokalee F1 34142 Re: Main Street Improvements Dear Denise: I am writing this letter in support of all your efforts for the beautification of the Immokalee Main Street. As the President of the Immokalee Chamber of Commerce I know how very important the appearance of our community is to enhance our existing business and promote new business in our community. This will be one of the first steps towards helping with our new Main Street designation and our new Enterprise Zone efforts. Also on behalf of the Seminole Indian Casino I want to again . offer to help with paying for the new side walk which we have spoken of in the past and also want to add that we are interested in paying for planters which would hang flowers from the new light poles. Please let me know what we can do to help. Sincerel Carol Losa de Lara Director of Marketing Seminole Indian Casino Chamber President Appendix I 8 A Z, Project Location and Beautification Dletric' Boundaries Map ---boundary lines -*----.- project areas Appendix 2 8 k 1' 0 '0 0 Appendix 3 Appendix 4 BAl.' ,~4od el S-42 Phase II Site Elements Banner Floor Mounted Occasional Scale I MAXIMUM VALUE · Easily instaned. · Cost effec~e. · RepLaceable components. MAXIMUM APPLICATIONS · From single bench to auditorium seating co~figu~atio~s. · AVmla~e in Occasional and · Floor of wall MA X/MUM DURA BILrI'Y · High imq3acl UV stabilized · Powder coated and stainless steel frames. · Gm~ resistant. · Tamper-p~oof assemb~ system. MAXIMUM STYLE · A variety ol co~s. · Cant,levered h-ame. · Bac~.to-bac~ mounting. · Easy exiting · Cane rail op~on to~ sight impaired. Maximum Seating. Inc. · 10(30 Aflan~,c Onve · West Ch~agO. IL 60185 · ~30 2'J1-9255 · 800 825-5085 · FAX ~30 231-gL~9 ·" 8 B 1 RESOLUTION NO. 97-290 RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF EVERGLADES AND COLLIER COUNTY FOR CONVEYANCE OF LOTS 6 AND 7, BLOCK 2, EVERGLADES REPLAT TO THE CITY OF EVERGLADES. WHEREAS, on April 30, 1951, Collier Corporation conveyed by deed to the Board of County Commissioners of Collier County, Florida, Lots 6 and 7, Block 2, Everglades Replat as recorded in Plat Book 1, Page 102, Public Records of Collier County, Florida (the "Property"). WHEREAS, said deed was recorded in Official Records Book 20, Page ,~10 in the Public Records of Collier County. WHEREAS, The City of Everglades has used the facilities placed on the Property to store its equipment since December 16, 1975. WHEREAS, the City of Everglades is desirous of owning the Property for the purpose of expanding its public works facilities. WHEREAS, the County desires to convey the Property by StatutoD' Deed to the City of Everglades in exchange for the City performing additional road operation and maintenance support on County Road 29. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. In accordance with Section 125.38, Florida Statutes, the Board has determined that the Property is no longer needed for county purposes and agrees that the Property is needed by the City of Everglades to expand its public works facilities. 2. The Board has determined that it is in the best interest of Collier County to grant to the City of Everglades by Deed the Property which has a value of $25,600.00 as determined by the County Review Appraiser. 3. The Board agrees that the City of Everglades will perform the operation and maintenance services of County Road 29 which services will equal the fair market value of the Property pursuant to the terms of the attached Interlocal Agreement. 4. The Board does hereby approve the attached Interlocal Agreement. 5. The Chairman o£the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached lnterlocal Agreement. This Resolution adopted on this .;-; day of ~. /;/ majority vote. ,1997, after motion, second and DATED: ATTEST: '. DWIGHT E. BROcK,' Clerk ' BY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TI OTI2IYIa('.H NCOCK, CHAIRMAN / Approved as to legal form and sufficiency: I~eidi F. Ashton Assistant County Attorney INTERLOCAL AGREEMENT 8 B 1 BETWEEN THE CITY OF EVERGLADES CITY AND COLLIER COUNTY This AGREEMENT entered into ~ 2. , 19.L~__, between the "Parties", the City Council fo~ ~he City of Everglades City, whose post office address is P. O. Box 110, Everglades, Florida 34139 (hereinafter CITY), and the Board of County Commissioners of Collier County, a political subdivision of the State of Florida, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter COUNTY). W I TNES S ETM: WHEREAS, CITY is a public corporation of the State of Florida, having those powers and responsibilities enumerated in Chapter 166, Florida Statutes and the Charter of the City of Everglades City to include entering into contracts with public agencies, private corporations and other persons; and WHEREAS, CITY is planning on expanding its public works facilities and requires additional properties for such expansion; and WHEREAS, CITY has historically performed and supported COUNTY road operation and maintenance efforts on County Road 29 both within CITY limits and outside CITY limits where CITY provides utility services; and WHEREAS, CITY represents that it is qualified and willing to provide additional road operation and maintenance support of County Road 29 as outlined and depicted on attached Exhibit "A"; and WHEREAS, COUNTY would receive substantial benefit from the CITY for increased support of road operations and road maintenance on County Road 29; and WHEREAS, COUNTY is the fee owner of Lot 6 and Lot 7, Block 2, Everglades Replat as recorded in Plat Book i Page 102, Public Records of Collier County, Florida (hereinafter the "LOTS"), and the property is not used by COUNTY for any COUNTY functions; and WHEREAS, CITY could utilize the LOTS in the CITY's improvement of CITY public works facilities. Ev~Agmmu~L,~-d~,Fl7 8 NOW, THEREFORE, CITY and COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: COUNTY shall transfer the LOTS to CITY via Statutory Deed in accordance with that certain Real Estate Agreement as described in Exhibit "B", which is attached hereto and made a part of this Agreement. Upon recordation of the Statutory deed, CITY shall be responsible for the operation and maintenance of that portion of County Road 29 from CITY's north-most jurisdiction located north of the C.R. 29 Barron River Bridge to a point immediately north of the C.R. 29 Half Way Creek Bridge, as outlined herein. Exhibit "A" attached hereto and made a part hereof further identifies the road operation/maintenance limits. The road operation and maintenance responsibilities shall include the following functions: Roadway Mowing, Litter Control, Landscape Maintenance, Roadway Sweeping, and Inspection/Cleaning of drainage inlet structures. provision shall survive closing and is not deemed satisfied by conveyance of title. Upon the assumption of C.R. 29 operation/maintenance responsibilities by CITY as defined above, COUNTY shall remain responsible for all capital road improvements and major operation/maintenance functions to include pavement resurfacing, roadway signing and markings and drainage system replacement/improvement. This provision shall survive closing and is not deemed satisfied by conveyance of title. At the option of CITY, CITY may expand road operation/maintenance support on C.R. 29 and adjacent County Roads on Chokoloskee Island and Plantation Island to include some or all of the operation/maintenance functions identified in Paragraph 2 above plus bushhogging activities; all such additional support services by CITY shall be subject to prior Work Order authorization by COUNTY and reimbursement on a unit price basis in accordance with "Additional Support Services Program" as set forth in Exhibit "C" attached to and made a part of this AGREemENT. This provision shall survive closing and any termination of this AGREEMENT. CITY agrees to hold COUNTY harmless from all liability which may result from the performance of CITY's obligations herein, done in accordance with the terms of this AGREEMENT. To the extent permitted by law, and as limited by Chapter 768.28 F.S., CITY shall indemnify, Ev~ t~l~; n~t~.~l~ rkx: D~ N. NL~y 21, 1997 2 881 save, protect and hold harmless COUNTY against any damages and claims arising out of the performances of CITY's obligations herein, done in accordance with the terms of this AGREEMENT. COUNTY agrees to hold CITY harmless from all liability which may result from the performance of COUNTY's obligations herein, done in accordance with the terms of this AGREEMENT. To the extent permitted by law, and as limited by Chapter 768.28 F.S., COUNTY shall indemnify, save, protect and hold harmless CITY against any damages and claims arising out of the performances of COUNTY's obligations herein, done in accordance with the terms of this AGREEMENT. A. If either party to this AGREEMENT fails to fulfill its obligations under this AGREEMENT in a proper manner, the other party shall have the right to terminate this AGREEMENT by giving written notice of any deficiency. The party in default shall then have ten (10} calendar day~ from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency with this time, this AGREEMENT may be terminated at the expiration of the ten (10) day time period by the party giving initial notice of the deficiency. B. CO~;TY and CITY acknowledge and agree that at the time of conveyance of the LOTS, the LOTS have a fair market value of $25,600.00. 1) If the AGREEMENT is terminated prior to the time the CITY has performed maintenance services hereunder equal to said fair market value due to a breach of the AGREEMENT by CITY, then CITY, upon demand by COUNTY, shall remit to COUNTY an amount equal to the difference between the fair market value less the maintenance work performed by CITY prior to termination. The value of the maintenance work shall be the costs incurred by the CITY in performing said services. 2) If the AGREEMENT is terminated due to breach of the AGREEMENT by COUNTY, CITY shall owe no further amount to COUNTY. C. In all events, if the AGREEMENT is terminated for any reason, the conveyance of the LOTS to CITY by COUNTY shall survive any such termination and the LOTS shall not revert back to COUNTY. D~ ~4, ~y28, 199~ 3 8 B 1 9e 10. 11. 12. 13. 14. CITY, its employees, subcontractors or assigns, shall comply with all applicable Federal, State, and Local laws and regulations to the performance of this AGREEMENT. COUNTY undertakes no duty to ensure such compliance, but will attempt to advise CITY, upon request, as to any such laws of which it has present knowledge. The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Twentieth (20th) Judicial Circuit for claims under any State law and in the Middle District of Florida for any claims which are justiciable in Federal Court. Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by referenced, shall be interpreted as a whole to resolve any inconsistency. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent Jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. This AGREEMENT may be amended only with the written approval of the parties hereto. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between Ev~ ~P.A *,nnet~l lme~oc.~ 17 8 B1 the parties with respect to the subject matter of this AGREEMENT. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 15. With respect to the subject matter, this Agreement shall be recorded in the Public Records of Collier County, Florida. 16. Unless otherwise earlier terminated pursuant to the provisions of this Agreement, this Agreement shall remain in force and effect for a period of two years from date of recordation of the Statutory Warranty Deed. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. DATED: ~.'/" ATTEST~ DWIGHT E. BROCK, Clerk BY~ Deputy Clerk' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~- ChaFrman DATED: ATTEST: BY:~ Approved as to form and legal sufficiency: Collier County Attorney CITY COUNCIL CITY OF EVERGLADES CITY, FLORIDA BY:~ 'q---~ SAMMY HAMILTON, JR., Mayor Approved as to form and legal sufficiency: Everglades City Attorney L~v~r~ lad~l rmma ~n.k~. F 17 D.~ ~4. ),b~, 28. tg.~/ 5 881 Agreement # Scope and Responsibilities for Operation and Maintenance of County Road 29 within Ihe Corporate Limils of Everglades City. a distance of 2.2 Miles: 1. Roadside Mowing will include all roadside areas within lhe speci~ed limits. General Roadside Mowing is to be done a minimum or' once per month to ostabltshed mow lines and will include Irimming around guide rails, signs and olher structures. 2. Landscape Maintenance will be performed on all Medians and Landscaped Roadsides within the specified limits. Work to include mowing and tdmmtng of grassed areas, irrigation and ferti;izing, mulching of planl beds and tdmmlng of lrees and shmb~l. Work Io be done at such intervals as to maintain a neat and clean appearance. 3. Litter Conlrol will include the removal o1' all litter [rom Ihe roadway right-of-way within lhe specified limils. Litler pick-up will be performed a minimum o~' once per month or more often, if required. 4. Sweeping of cubed areas within [he specified limits will be performed a minimum of once per month or more often, if required. 5. Inspection/cleaning of drainage inlet structures within the specified limits will be :)erformed quarterly. EXHIBIT "B" REAL ESTATE AGREEMENT 8191 THIS AGREEMENT made and entered into this __ day of ~, 19__, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "First Party", and the City of Everglades City, hereinafter referred to as "Second Party". WHEREAS, FIRST PARTY is the owner of that certain parcel of real property, located in the City of Everglades, Collier County, State of Florida, and being more particularly described as Lot 6 and Lot 7, Block 2, Everglades Replat (hereinafter referred to as "Subject Property"). WHEREAS, the SECOND PARTY has agreed to compensate (see Inter]ocal Agreement dated ) the FIRST PARTY for conveyance of the Subject Property to the SECOND PARTY. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: The FIRST PARTY shall convey their right, title and interest in and to the Subject Property to the SECOND PARTY via Statutory Deed at the price and terms and conditions set forth in the Interlocal Agreement. SECOND PARTY warrants and acknowledges to and agrees with FIRST PARTY that SECOND PARTY is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implies, of any kind, nature or type whatsoever from or on behalf of the FIRST PARTY. SECOND PARTY acknowledges that they have made and/or have been given an adequate opportunity to make such legal, factual and other inquiries and investigations as SECOND PARTY deems necessary, desirable or appropriate with respect to the Subject Property. Without in any way limiting the preceding paragraphs, SECOND PARTY acknowledges and agrees that they hereby waive, release and discharge any claim that they have, might have had or may have against the FIRST PARTY with respect to the condition of the Subject Property. Possession of the Premises shall be delivered to the SECOND PARTY at closing. 8 B 1 The FIRST PARTY shall pay for all costs of recording the deed. Both Parties are aware and understand that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida and the City Council of the City of Everglades City, Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk TIMOTHY L. HANCOCK, AICP Chairman DATED: ATTEST: M3~RTHA NAPIER, Clerk CITY COUNCIL CITY OF EVERGLADES CITY, FLORIDA BY: Deputy Clerk BY: SAMMY HAMILTON, JR., Mayor Approved as to form and legal sufficiency: Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Everglades City Attorney 881 EXHIBIT "C" Agreement f/ A. Mowing limits to be 15 ft. off edge of roadway where appropdata, Io established mow lines or Io inside face of guide rails. Roadside M<~wtr~g to include tdmmlng around guide rail, signs and olher structures. Unit Co'.! for Mewing Is $12 per Acre. B. Vegetation Control to provide a clear area adjacent to Ihe roadways. Clear area to be 15 ft. from edge of pavement where appropriate otto t fi. back of guide rail. Unit Cost for Vegetation Control is $120 per Shoulde,' Mi:e, C. Litter Control area shall be a minimum et* all mowed areas ~lc~ng the roadway. Unit Cost for Litler Control is $16 per Shoulder Mile. List of Roads for "Additional Support Servlce$ Program" SHC,~JLDER MOWING LOCATION ROADWAY LIMITS MILES MIl.ES ACRES Chokoloske~ Chokolo~keo Df W Ail 0.20 0,40 0.50 Chokoloskee Ch~ko~oskee Of E All 0.20 040 0,50 Chokolo~kee Mamie SI A~ 0.50 1.00 1.20 Chokoloske~ Macnm Ln Ail 0.20 0.40 0.50 C, hokolost~ee Stool/wood Dr A~ 0.20 0.40 0.50 Plentatto~ Cardinal Ct AJI 0.10 0.20 020 PI~ltaP~I E~M ~ ~ 0.10 0.~ 0.~ ~anlat~ Flam~ ~ ~ 0,25 0.~ 0~ ~lal~ Fl~k~ Ln Afl 0. I0 0,20 020 ~8nla/~ ~pr~ CI Ail 0.05 0.10 0.10 ~anlal~ P~ Or All 0.05 0.10 0.10 . ~antal~ ~taf~ ~ ~ 1.80 3.~ 4.40 A ~'po~l Access Ail 3.30 0.60 0.70 CR 29 US 41 Io Cd'y L~e N 2.80 5.60 6.80 CR 29 Chokoloskee C~useway 2.60 520 12.60 TOTALS 985 19.70 30.10 D. Collter County rtl! provtde the bushhos equtpaent necessary for maid addtttona! support aervtcea prosraa, 8 B1 REAL ESTATE AGREEMENT EMENTn~ade and entered into this ~~day of , 19__~, by and between COLLIER CO~, a political the State of Florida, hereinafter referred to as "F~rst Party", and the City of Everglades City, hereinafter referred to as "Second Party". WHEREAS, FIRST PARTY is the owner of that certain parcel of real property, located in the City of Everglades, Collier County, State of Florida, and being more particularly described as Lot 6 and Lot 7, Block 2, Everglades Replat (hereinafter referred to as "Subject Property"). WHEREAS, the SECOND PARTY has agreed to compensate (see Interlocal Agreement dated D ~ ~ ) the FIRST PARTY for conveyance of the Subjec~ Property to~COND PARTY. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. The FIRST PARTY shall convey their right, title and interest in and to the Subject Property to the SECOND PARTY via Statutory Deed at the price and terms and conditions set forth in the Interlocal Agreement. 2. SECOND PARTY warrants and acknowledges to and agrees with FIRST PARTY that SECOND PARTY is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implies, of any kind, nature or type whatsoever from or on behalf of the FIRST PARTY. 3. SECOND PARTY acknowledges that they have made and/or have been given an adequate opportunity to make such legal, factual and other inquiries and investigations as SECOND PARTY deems necessary, desirable or appropriate with respect to the Subject Property. 4. Without in any way limiting the preceding paragraphs, SECOND PARTY acknowledges and agrees that they hereby waive, release and discharge any claim that they have, might have had or may have against the FIRST PARTY with respect to the condition of the Subject Property. 5. Possession of the Premises shall be delivered to the SECOND PARTY at closing. "'8 6e The FIRST PARTY shall pay for all costs of recording the deed. Both Parties are aware and understand that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida and the City Council of the City of Everglades City, Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: . DWIGHT. E. B~OCK, Clerk A~EST: BY:~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman CITY COUNCIL CITY OF EVERGLADES CITY, FLORIDA Approved as to form and legal sufficiency: Assistant County Attorney Approved as to form and legal sufftcien~;y-~ Everglades City Attorney 8 B1 *** 2217685 OR: 2340 PG: 1266 *** IICOI~ID in tht 07~I¢I~ iKO~DS o[ COLLI!! :OOlTl. !~ 01/211~7 at O~:02AX D¥IGI?? I, ~RO¢I, CI, IR~ ~1¢ ~11 STATUTORY DEED THIS DEED. made this ;,9~ay of //~-~' . ~9 ? ~. by COLLIER COUNTY. a political subdivision of the Sta~76~-~fida. whose post office address is 3301 East Tamiami Trail. Naples. Florida 34,~2. 0%%reinafter called the Grantor). to City of Everglades. whose post office address is P. O. Box 110. Everglades, Flodda 3413g. (hereinafter called the Grantee). (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective successors and assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, its heirs and assigns forever, the following described land lyi.lg and being in Collier County, Flodda: Lot 6 and Lot 7, Block 2, Everglades Replat as recorded in Plat Book 1, Page 102 of the Public Records of Collier County, Flodda, Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid, ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY~.. HANCOCK, Chairman Approved as to form and legal sufficiency: ,, ; Heidi ~. Ash~on Assistant County Attomey WHEREAS, Section 200.065. Florida Statutes, provides the procedure for fixing the millage rates; and WHEREAS, Section 129.O3, Florida Slamtes, sets forth the procedure for pr~aratiou and adop~on of the budget; and WHEREAS, the Board of County Commissioners has received and examined the ttmtative budgets for each of the County's funds including all estimated receipts, taxes to be levied and balances expected to be brought forward and all estimated expenditures, reserves and balances to be earned over at the end of the year, and WHEREAS, Section 200.065, Florida Statutes, provides that the Board of County Commlasiom'ra shall hold public hearings to adopt the tentative budgets. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The proposed millage rates as set forth in the atlached Exhibit "A" and incorporated herein are hereby approved as the County's proposed millage rates pursuant to Section 129.03 and 200.065, Florida Statutc-s. 2. The public hearings to adopt the amended tentative budgets and final millage rates and budgets, respectively, pursuant to Section 200.065, Florida Statutes. will be held by the Board of County Commissioners on Sc'ptember 3, 199'/at 5:05 p.m. at the Collier County Government Center, Administr, ttion Building, Third Floor Board Room, 3301 East Tamiami Trail, Naples, Florida and on September 17, 1997 at 5:05 p.m. at the Collier County Government Center, Administration Building, Third Floor Board Room, 3301 East Tamiami Trait, Naples, Florida. ,.-,-~-I ~ 1 Th~,= R~elution adopted thi~ .':."~,.~' ~y ol'~ 199'/after notion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk 'Approved as Io form and leg~,LAufficiency: - Collier County Attorney BOARD OF COUNTY COMlVIISSIONERS COLLIER COUNTY. FLORIDA . By: ~ T ~y L~a nc~)ck, Chairman - 1 - I I ! I I I I I I I I I I I I ! I I I I I I I I I I I I I I I I ! I I I I I I I I I I I I I I I I 8 E 4~ I I I I I I I I I I I I I ! I ! I I I I I I I I I I I I I I I I 8 E ~ Zm I I I I I I i I I I I I I I I I I ! i I I I I I I I [ I I I I ! I I I I 8 E ~+; m m I I I I I I I I I i I I I 8 E ~ I I I I I I I I i I I I I I I 8 E 4' c LT. ® I ! ! I I I I 8 E 4 I I I I I I I I I I I I I I I I I I I m_~. I® I I I I I I I i I I I I I I I ow I I I I I I I I I I I I I I I I I..~. I I I ! ! I I ! ! ! I I I I I I I I I I I I I ! ! I® I I I I I I I I I I I I I I I I i i I I ! I I I I I I I I I I I I I I I I I ! I I ! I I I i I I I ! I I I I I I I I I i I I I RESOLUTION NO. 9%292 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE CONTRACTORS' LICENSING BOARD WHEREAS, Collier County Ordinance No. 95-42, as amended by Ordinance Nos. 90-105, 92-61, and 95-11, created the Contractors' Licensing Board and provides that the Board shall be composed of nine (9) members appointed by the Board of County Commissioners with a minimum of two (2) members residing within the corporate city limits of Naples or recommended to the Board by the Naples City Council; and WHEREAS, there are currently three (3) vacancies on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from various interested parties; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: !. Thomas A. Megger meets the prerequisites for appointment and is hereby appointed to the contractors' Licensing Board for a three year term, said term to expire on June 30, 2000. 2. Richard E. Joslin, Jr., meets the prerequisites for appointment and is hereby reappointed to the contractors' Licensing Board, said term to expire on June 30, 2000. 3. Robert P. Meister, Jr. meets the prerequisites for appointment and is hereby reappointed to the contractors' Licensing Board for a three year term, said term to expire on June 30, 2000. This Resolution adopted after motion, second and majority vote. DATED: July 22, 1997 ..~WIGHT ~ BROCK, CLERK form and legal Sufficiency: David C. Weigel County Attorney DCW/kn BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RESOLUTION NO. 97-293 RESOLUTION APPOINTING MARCO A. ESPINAR TO THE ENVIRONMENTAL ADVISORY BOARD. WHEREAS, Ordinance No. 92-102, as amended, the Collier County Land Development Code, established the Environmental Advisory Board, and provides that the Advisory Board shall consist of seven (7) members; and WHEREAS, there is currently one ( 1 ) vacancy on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Marco A. Espinar is hereby appointed to the Environmental Advisory Board to fulfill the remainder of the vacant term, said term expiring September 30, 1998. This Resolution adopted after motion, second and majority vote. DATED: July 22, 1997 ATTEST: DWIGHT. E. BROCK, CLERK . , , ~.'' Ap~oved ~'t~ fo~ ~d legal suffici~cy: David C. Weigel Z,d County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DCW/kn RESOLUTION NO. 97-294 A RESOLUTION APPOINTING MARK W. HOUGHTON TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 87-78, as amended, confirmed the creation of the Golden Gate Beautification Advisory Committee and provides that the committee shall bs composed of five (5) members; and WHEREAS. there is currently a vacancy on this committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested panics; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Mark W. Houghton is hereby appointed to the Golden Gate Beautification Advisory Committee for the remainder of the vacant term p,us an additional four year term, said term to expire on October 6, 2001. This Resolution adopted after motion, second and majority vote. DATED: July 22, 1997 ATTEST: DWIGHT E. BROCK, CLERK Approvod~ a~,' to'form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA David C. Weigel County Attorney DCW~n 1lA AGREEMENT FOR ELECTION SERVICES By and Among the City of Naples, Collier County and the Supervisor of Elections Thi~ Agreement for Election Services (Agreement) is for the ~ city council elec- tion and is by and among the City of Naples (City), Collier County by and through the Collier Coun- ty Board of Commissioners [County) as owners of the County's voting and ballot tabulation equip- ment, and the Collier County Supervisor of Elections (Supervisor) as custodian of the County's vot- ing and ballot tabulation ecluipment. In consideration of the premises and covenants set out below, and for $10 and other valuable considerations in hand received by the County and the City, it is hereby acknowledged and agreed by the parties hereto as follows: 1, The City acknowledges that only the Florida Constitution and the Florida Legislature may con- fer jurisdiction on the Board of County Commissioners and the Supervisor of Elections through vari- ous legislative enactments. Jurisdiction cannot be conferred by agreement, consent, waiver, or other voluntary act or involuntary act since jurisdiction is established solely by general law. 2. Section 97.021(6), Florida Statutes, provides the definition for "election" used throughout the election code and by definition, those elections for which the County and Supervisor are responsi- ble. The City acknowledges that such definition does not include municipal elections. 3. Under the terms of the City Charter, the City is responsible for the conduct of all its municipal elections except when the City chooses to call a special election to be held by mail ballot. Such an election is subject to a separate Agreement for Services. 4. The home rule powers granted to cities by the Florida Constitution provide for the conduct of the February 3, 1998 City council election under the City Charter. 5. To facilitate the City's conduct of its February 3, 1998 election, the Supervisor of Elections shall do those items enumerated in Exhibit A identified as §19.1, Security Procedures for Stand Alone Municipal Elections of Collier County. 6, The City shall provide to the Supervisor of Elections and the Florida Attorney General a copy of the City's letter of submission and response to and from the U.S. Department of Justice relative to any changes which the City makes relative to polling site locations or any charter amendment refer- endum questions. Such copy shall be provided no later than ,5:00 p.m. on the/~eurth day preceding the election. / 7. Subject to the terms of this Agreement, the County agrees to lease t/~'hhe following items to the City for use at the polls in its election: o120 ,120 .120 ,120 · 20 · 20 · 20 · 20 · 20 Voting booths, ELS or equivalent self-contained Model 5 aluminum 228 position vote recorders and templates Magnifying lens attached to the stylus chain Voting Stylus -- one pet booth Handicapped stylus -- one per precinct Demonstration vote recorders Ballot Boxes and ballot box tables Ballot Box padlocks and keys Long-stub Ballot Transfer Cases, aluminum 20 Precinct Signs with mounting assembly Precinct directional street signs and mounting assembly 22. Nothing in this Agreement shall be construed to require the County or the Supervisor to er- range for or acquire any supplies for use by the City for either the voting equipment or at the polls. 23. Neither the County nor the Supervisor shall be held accountable for equipment needs not con- tained within this Agreement. There shall be no last minute adiustments to this Agreement for equipment or consumable supplies. 24. The County and the Supervisor or the Supervisor's staff shall not provide equipment service calls during the course of the City's election. 25. Subject to the terms of this Agreement, the County agrees to lease to the City the ballot tabu- lation equipment components enumerated herein: · A Novell 386 file server with monitor and keyboard; · A Printronix 600 LPM printer; · A "host" {DTK 386) with monitor, keyboard, F&C card reader and controller; · A "remote" 1 system {DTK 386) with monitor, keyboard, card reader & controller; · A "remote" 2 system (DTK 386} with monitor, keyboard, card reader & controller; · T~vo MIO00 card readers; · All existing cabling and power cords; · Current county configured and attached Best UPS Systems. 26. The County agrees to lease the foregoing ballot tabulation equipment to the City subject to the following additional conditions: · The City shall utilize the services of Softech to program the system for ballot tabulation of the city election; · The City shall not remove the ballot tabulation equipment from the Collier County Government Center where it is in the Supervisor's custody or take any action which would jeopardize the securi- ty of the system or interrupt the custody chain. · The City shali conduct its Logic & Accuracy Test at 9:00 a.m. on Tuesday, one week prior to the election. · The City shall arrange for its County-approved contract agent to load the election--specific ballot tabulation software onto the County's equipment between the hours of 8 a.m. and 9 a.m. no later than Tuesday, one week before the election. · The City shall arrange for storage of its copy of the ballot tabulation program at a site other than the Collier County Government Center. · The City's failure to comply with any of these provisions as determined by the Supervisor of Elections shall invalidate this A.jreement except for paragraphs 33 and 34 since such action would have implications for subsequent County elections. 27. The City shall be and is solely responsible for the content and format of any affidavits and training materials used in the course of its election. 28, The City shall be and is both responsible and liable for any training of its election workers, the development of its training materials and all actions taken by the City's poll workers during the course of its election day. 29. The City shall be responsible for a// activity relating to any absentee ballots it chooses to pro- vide voters for its election -- including processing requests; addressing absentee envelopes; verifica- tion of voter signatures; and providing lists of absentee voters to city candidates subject to the oath requirements of ~98,095, Florida Statutes, being filed with and authorized by the Supervisor of Elections. 30. With the sole exception of the voter registration book closing advertisement, the City shall run proper b;lingual advertisements for required election notices in a newspaper of general circulation 11A AGREEMENT FOR ELECTION SERVICES By and Among the City of Naples, Collier County and the Supervisor of Elections This Agreement for Election Services (Agreement) is for the ~ZEltQ[~3.,.~ city council elec- tion and is by and among the City of Naples (City), Collier County by and through the Collier Coun- ty Board of Commissioners {County} as owners of the County's voting and ballot tabulation equip- ment, and the Collier County Supervisor of Elections {Supervisor) as custodian of the County's vot- ing and ballot tabulation equipment. In consideration of the premises end cow~nants set out below, and for $10 and other valuable considerations in hand received by the County and the City, it is hereby acknowledged and agreed by the parties hereto as follows: 1. The City acknowledges that only the Florida Constitution end the Florida Legislature may con- fer jurisdiction on the Board of County Commissioners and the Supervisor of Elections through vari- ous legislative enactments. Jurisdiction cannot be conferred by agreement, consent, waiver, or other voluntary act or involuntary act since jurisdiction is established solely by general law. 2. Section 97.021{61, Florida Statutes, provides the definition for "election" used throughout the election code and by definition, those elections for which the County and Supervisor are responsi- ble. The City acknowledges that such definition does not include municipal elections. 3. Under the terms of the City Charter, the City is responsible for the conduct of all its municipal elections except when the City chooses to call a specmal election to be held by mail ballot. Such an election is subject to a separate Agreement for Services. 4. The home rule powers granted to cities by the Florida Constitution provide for the conduct of the February 3, 1998 City council election under the City Charter. 5. To facilitate the City's conduct of its February 3, 1998 election, the Supervisor of Elections shall do those items enumerated in Exhibit A identified as ~19.1, Security Procedures for Stand Alone Municipal Elections of Collier County. 6. The City shall provide to the Supervisor of Elections and the Florida Attorney General a copy of the Cit'y's letter of submission and response to and from the U.S. Department of Justice relative to any changos which the City m~kes relative to polling site locations or any charter amendment refer- endum questions. Such copy shall be provided no later than 5:00 p.m. on the/[ourth day preceding the election. / 7. Subject to the terms of this Agreement, the County agrees to lease t/the following items to the City for use at the polls in its election: ·120 · 120 .120 .120 · 20 · 20 · 20 · 20 · 20 · 20 Voting booths, ELS or equivalent self-contained Model 5 aluminum 228 position vote recorders end templates Magnifying lens attached to the stylus chain Voting Stylus -- one per booth Handicapped stylus -- one per precinct Demonstration vote recorders Ballot Boxes and ballot box tables Ballot Box padlocks and keys Long-stub Ballot Transfer Cases, aluminum Precinct Signs with mounting assembly P~ecinct directional street signs and mounting assembly '1 llA · 20 Precinct supply bags but not supplies · Z0 American Flags · 20 Flag Poles · 20 Vote Here Alphabet Card sets · 20 Alphabet card holders and assembly · Handicapped Access Ramps only if precincts used match that for which the County had constructed a ramp 8. The City shall contract for and acquire all consumable supplies used in the election directly from the vendor. Consumable supplies are those which may be used once. 9. The City shall arrange for the voting equipment preparation to occur between the hours of 8:30 a.m. and 4:30 p.m. on Thursday and/or Friday preceding the election date. 10. The City shall arrange to have the voting equipment supplies picked up from the Elections Warehouse at 8:15 a.m. on the Monday preceding election day. 11. No later than the third day following the election, the City shall check or clean out the equip- ment to insure that no City election supplies remain in the precinct supply bags, the ballot boxes, transfer cases, or voting units -- either used or unused. 12. The City shall remove the masks and ballot pages from the voting machines and identify them for their records retention storage site. 13. No later than 5:00 p.m. of the Friday immediately following the election, the City shall remove its supplies -- both used and unused -- and transfer them to the City's own storage facility. 14. The City shall contract for and acquire ballot cards which conform to the standards provided by administrative rutes adopted by the state. 15. The City shall use the county's certified tabulating systems, as certified for use after July 1, 1993 under the new state standards, and pay directly to the approved vendor all costs for pro- gramming, on-site election support, and any repairs required as a result of the city's use. 16. Nothing in this Agreement shall be construed to require the County or the Supervisor to pro- vide tho setup of equipment for use by the City. 17. Nothing in this Agreement shall be construed to require the County or the Supervisor to pro- vide for any consumable supplies -- those with a life expectancy of one use. 18. Nothing in this Agreement shall be construed to require the County or the Supervisor to pro- vide any oaths, supplies, or training other than materials previously provided to the City by separate covers dated March 25 and April 8, 1993. 19. Nothing in this Agreement shall be construed to infer the County or the Supervisor interpreted the provisions of the City's charter or interfered in any way with the City's exercise of its home rule powers pursuant to the conduct of the City election. 20. Nothing in this Agreement shall require the County or the Supervisor to arrange for the acquisi- tion or construction of additional equipment for use by the City at its poll sites should such equip- ment not already be in the County's inventory for that specific poll site facility. 21. Nothing in this Agreement shall be construed to require the County or the Supervisor to ar- range for the installation and delivery and pickup of voting machines or equipment to the City or to the poll sites for use on election day. 22. Nothing in this Agreement shall be construed to require the County or the Supervisor to er- range for or acquire any supplies for use by the City for either the voting equipment or at the polls. 23. Neither the County nor the Supervisor shall be held accountable for equipment needs not con- rained within this Agreement. There shall be no last minute adiustments to this Agreement for equipment or consumable supplies. 24. The County and the Supervisor or the Supervisor's staff shall not provide equipment service calls during the course of the City's election. 25. Subject to the terms of this Agreement, the County agrees to lease to the City the ballot tabu- lation equipment components enumerated herein: · A Novell 386 file server with monitor and keyboard; · A Printronix 600 LPM printer; · A 'host' (DTK 386) with monitor, keyboard, F&C card reader and controller; · A 'remote' 1 system (DTK 3861 with monitor, keyboard, card reader & controller; ' A 'remote' 2 system (DTK 386) with monitor, keyboard, card reader & controller; · '[we MIOOO card readers; · All existing cabling end power cords; · Current county configured and attached Best UPS Systems. 26. The County agrees to lease the foregoing ballot tabulation equipment to the City subject to the following additional conditions: · The City shall utilize the services of Softech to program the system for ballot tabulation of the city election; · The City shall not remove the ballot tabulation equipment from the Collier County Government Center where it is in the Supervisor's custody or take any action which would jeopardize the securi- ty of the system or interrupt the custody chain. · The City shall conduct its Logic & Accuracy Test at 9:00 a.m. on Tuesday, one week prior to the election. · The City shall arrange for its County-approved contract agent to load the election--specific ballot tabulation software onto the County's equipment between the hours of 8 a.m. and 9 a.m. no later than Tuesday, one week before the election. · The City shall arrange for storage of its copy of the ballot tabulation program at a site other than the Collier County Government Center. · The City's failure to comply with any of these provisions as determined by the Supervisor of Elections shall invalidate this Agreement except for paragraphs 33 and 34 since such action would have implications for subsequent County elections. 27. The City shall be and is solely responsible for the content and format of any affidavits and trainif~g materials used in the course of its election. 28. The City shall be end is both responsible and liable for any training of its election workers, the development of its training materials and all actions taken by the City's poll workers during the course of its election day. 29. The City shall be responsible for a// activity relating to any absentee ballots it chooses to pro- vide voters for its election -- including processing requests; addressing absentee envelopes; verifica- tion of voter signatures; and providing lists of absentee voters to city candidates subject to the oath requirements of t98.095, Florida Statutes, being filed with and authorized by the Supervisor of Elections. 30. With the sole exception of the voter registration book closing advertisement, the City shall run proper bilingual advertisements for required election notices in a newspaper of general circulation within the county. 31. The City shall provide the necessary training and personnel on election day to verify absentee voter ~ignatures, open absentee ballots and prepare the voted ballots for actual tabulation. Such work shall be conducted under the rules established by the City Canvassing Board. 32. Except for precinct registers, the City shall be responsible for retention of all election materials and shall obtain State Bureau of Archives authorization for records destruction once 22 months have lapsed per the Voting Rights Act time frame. 33. With the exception of activities relating directly to the Supervisor's determinations regarding voter registration and eligibility and to the extent permitted by law, the City shall pay for the Super- visor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor of Elections, their officers, agents, and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses including attorney's fees, to any person or property which may result now or in the future from City's activities associated with this City election, arising out of or resulting from any and all acts of omission or commission relating to the City's election or the City's responsibility under this Agreement. Further, to the ext- ent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and in- demnif¢ and hold harmless the County, the Supervisor of Elections, their officers, agents and em- ployees, from and against any and all actions, in law or in equity, from liability or claims for damag- es, injuries, losses, and expenses, to any person or persons authorized by the City, its employees, or agents to participate in the City election when not otherwise eligible or from events relating ex- pressly to City election activity. 34. All costs, including attorney's fees and court costs, shall be paid by the City for: a. litigation involving payment due to the County or Supervisor and for collection for any judgment recorded against the City, or b. iitigation involving the City's election whether brought by an elet:tor, the U.S. Department of Justice, or others. 35. The Sup~,rvisor or her staff shall prepare and advertise bilingually the voter registration book closing in accordance with general law and obtain an Affidavit of Publication for same. Said adver- tisement shall subsequently be billed to the City which shall be responsible for payment. 36. To lease voting units, ballot boxes, end other supplies listed within this contract, the fee shall be $50 per voting unit ($50 x 120 units = $6,000). The fee shall cover replacement parts and shipping necessary to repair any damages to the County's voting unit or equipment leased to the City. In the event the cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the county for the difference. The fee shall be paid to the Supervisor no less than 45 days prior to election day. 37. Within 10 calendar days of the city election date, the City shall provide any replacement parts or equipment for that were lost, stolen, or damaged while in the City's possession. 38. If the Supervisor's actual City election costs exceed the amount of the fee, the City shall pay the Supervisor's bill within ten calendar days of its receipt. Rates for the Supervisor's bill shall be actual costs associated with the following: · computer sort time at the rate of $75 per sort: · computer printing at the rate of $.003 per name each time the name is printed; · computer printing at the rate of $.005 per name each time the name is printed on mailing labels, or current cost; · actual costs of advertising the voter registration book closing; · actual staff labor costs for work unique and peculiar to the City's election; · actual records retention storage costs at the rate of $.25 per cubic foot of material kept 22 months; · actual costs of containers used to store election related materials @ $5.50/box; · actual cost of providing duplicate roll of microfilm of precinct registers plus underground storage for same @ $.75 per year; · $10 for the duplicate r~ll of microfilm by the City election registers; · $.32 for postage on //10 envelopes, or current rate; · $2.32 for certified mail postage, or current rate; · $.0125 per page of county Precinct Register paper used (does not include date processing sorts or printing costs); · $.032 per page of letterhead stationery or current cost; · $.0328 per #10 letterhead envelope or current cost; · $.0348 per #10 window letterhead envelope or current cost; · $.11 per purchase order or current cost; o$.082 per voucher check or current cost; · $.15 par page for 8.5" x 11' or 8.5" x 14" copies; · $.20 per page for duplexed copies; · $1.00 per page for certified copies of available public records; · $15.00 labor costs for each page of letters or documents produced; -actual cost of any expenditures required by the City's election and paid by the Supervisor. 39. Notwithstanding all provisions for payment set forth in this Agreement, Section 101.002{2}, Florida Statutes, provides the City shall be responsible for all costs associated with manpower, equipment, postage, and any other City election costs as enumerated in Section 97.021(8), Florida Statutes, whether or not specifically set forth in this Agreement. 40. Nothing in this Agreement relieves the City of its responsibility to develop security procedures for its election. The County and Supervisor of Elections responsibility for security regarding the City's election are limited to those items contained in the attached Exhibit A. 41. The Supervisor of Elections has no liability for costs or expenses or other liability incurred by the City in preparation for this election should the U.S. Department of Justice note en objection in its response :o the City Manager's request. Further, should there be a response noting an objection which would delay or prohibit the conduct of the election, the City is not relieved of any related financial obligation owed to the County and Supervisor arising from fees, goods and services, or other costs and expenses whether or not specifically set forth in this Agreement, incurred by the Supervisor up to the time the City notifies the Supervisor in writing of the Department of Justice objection. 42. The City shall obtain an insurance policy which shell name the County as additionally insured or agree to provide coverage thru the City's self-insurance and shall assure that the County will have no financial obligation which includes the City's responsibility for paying any deductible for any damages to the County's voting and ballot tabulating equipment and systems used in a City election. The City shall provide the County with a Certificate of Insurance for said coverage or a resolution indicating such coverage under the City's self-insurance program. 43. In the event there ~s an election protest, cor~test, or sequestration order arising from the Clty's election involving any component of the County's voting system and/or equipment which would preclude its further use until the matter has been resolved by the courts and the County has an election scheduled where the equipment must be used, the City shall make a $25,000 security deposit to Collier County within four calendar days of the issuance of the sequestration order for the tabulation component and an additional $25,000 if voting units are involved. The unused bal- ance on the security deposit shall be returned to the City when the legal matter has been resolved. 44. The City shall arrange for c~ndidates, candidate supporters, and members of the press to con- gregate and await election results in some publicly accessible meeting area such as the County llA Commission meeting room, city hall, or other comparable location, Candidates, supporters, or press may be given tours of parts of the secured areas of the Elections Office. The City Canvassing Board, its precinct election workers, its election night workers, and the Elections employee desig- nated with custodial supervision of the facility for the day wilt be admitted to the secured area for processing. 45. This Agreement shall be valid only for the City election held February 3, 1998. 46. In the event any part of this Agreement is determined to be unenforceable by · court of com- petent jurisdiction, said ruling shall not invalidate the remaining parts of the Agreement, IN WITNESS WHEREOF, the parties hereto authorize this Agreement, consisting of six consecutively numbered pages plus a one page "Exhibit A" attachment, end affix their hand end seal this ~ day of ,)'~. , 1397 by the Naples City Council; and this ,.~.,? day of ~ , 1997 by the Collier County Board of Commissioners and Supervisor of Els ATTEST: DWIGHT E. BROCK, CLERK · A,oproved s,, to form ami legal sufficiency for ~he County: Chief Assistant County Attorney COLLIER COUNTY BOARD OF COMMISSIONERS SUPERVISOR OF ELECTIONS ATTEST: Approved ss fo form and legal sufficiency for the City: ~torney Collier Co.my. Florida t19.1 SECURITY PROCEDURES for S~and Alone Municipal Elections (not scheduled concurrently wilh Irate/county dates or mail ballot elections) 1. Per F.S. 97.055, the Elections Office will advertise the registration book closing. 2. Provide the City with a precinct by precinct demographics report within seven days of registra- tion book closing. 3. On the 6th day preceding election day, the Elections Office will run the computer sort to pro- duce precinct registers for use by the City (not required for mail ballot election). 4. On the 4th day preceding election day, the Elections Office shall deliver the precinct registerls) to the City Clerk no later than 5:30 p.m. Inet required for mail ballot election). 5. If the City leases the County's voting equipment {not supplies), permission must be obtained from both the County Commissioners and the Supervisor of Elections for each election date per F.S. 101.36. The City shall provide the County with an itemized list of requested equipment no less than 45 days prior to election day. The County shall not be required to provide equipment it does not have nor shall it be required to provide all equipment requested. 6. If authorized by the County, the City shall arrange to pick up the leased equipment, prepare it for use in its election, and deliver it to their polling place(s). 7. The City shall return leased County equipment to the Elections Office the day after the elec- tion. The equipment shall be in the same condition as when it was received by the city. 8. If the City issues absentee ballots, the Elections Office will, prior to the canvass of votes, pro- vide the City with records access for their verification of voter signatures on absentee ballots brought to the Elections Office by the City. 9. No later than the 2nd day after the election, the City shall deliver to the Elections Office the precinct register(s) organized in ascending precinct order. No later than the 3rd day after the elec- tion, the City shall deliver to the Elections Office, the voter affidavits organized in alphabetical order for use to the Elections Office in updating elector records. 10. If the City leases the County's ballot tabulation system, on;y the Supervisor of Elections securi- ty procedures for building and system access shall apply. The City shall be responsible for all other security measures for its procedures and supplies. 11. The Elections Office shall microfilm the precinct register(s) once voter history has been posted and proofed. 12. The Elections Office shall retain the precinct register(s) for twenty-two (22} months and then shall seek Bureau of Archives authorization for destruction. Revised April 19, 1995; D/E OK 4/21/95 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS XXX Normal legal AdverlNcmenl Originating Dcpt] Div: Comm. Dcv. Serv./Planning Person: q Date: $ ~C~ ' '"'// Petition No. (lt' none, give brief descrip6on): ~ Petitioner: (Name & Address): tim leLand Tru~ im olo im ~ail. Ste. 305Na les FI rida Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) ~ ~'ami Trailuit 0 I ' .Il Hearing before/00( BCC BZA Olhcr Rcqucstcd Heating date: -~~ Based on advertisement appearing 10 days before heating. Newspaper(s) to be uwxt: (Complete only if important): XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. PUD-9?-3, Dwight Nadeau of Meanly EnRinccring & Dcsi~tn. Inc.. representing .lames R. {~01o~;imo, Trustee for lh¢ tjl0mate Land Tn;sl. retlucstinR a rezone from Agriculture and "MHQ" to Pt, K) ~o be known as TwinEaRlcs G01f & g0untrv (~!ub for a maximum of 275 dwelling units, for property on thc north and south sidcs of [mmokalce Road (C.R. g56}, in Sections 17, 20, 29 & 30, Township 4R $oulh, Range 21 East, Collier County,, Florida, consi~,ting of 13'/-/,.09 acres Companion petition(s), if any & proposed hcaring dale: Does Petition Fee include advertising cost? [] Yes [] No If Yes, what account should be charged for advertising costs: 113.138323-649110 Reviewed by: [//~ ~ ,._ ~(_5 ... ~.7 Approved by: Division Head Dale Couns' Manager Dale List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initialing person to complele one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] Count)' Manager agenda, file: to [] Requesting Di~ision [] Ori?inal Clerk's Office 13. Other hearings: Initialing Division head to approve and submit original to Clerk's Office, retaining a COl~' for file. 12B 1 June 23, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Intent to consider Petition PUD-97-3 Dear Judy: Please advertise the above referenced notice one time on Thursday, July 10, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 12B 1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JULY 22, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE ~4ENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COLrN~f, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERS 872930 AND 482728; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL AND WITH A MOBILE HOME OVERLAY (M}{O) TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TWIN EAGLES GOLF AND COUNTRY CLUB FOR A MAXIMUM OF 275 DWELLING b~ITS FOR PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF IM/~OKALEE ROAD (C.R. 856), IN SECTIONS 17, 20, 29 & 30, TO?~SHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1374.09 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-97-3, Dwight Nadeau of McAnly Engineering & Design, Inc., representing James R. Colosimo, Trustee for the Ultimate Land Trust, requesting a rezone for property described above. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony an~ evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) 00' 02' 02 0~01'48 00' B0'52 00~ 00'53 00' 01'32 02'03 ~' ~4' 03 02' 57 ~01'33 02' 17 ~419970393 9263486~ 92634864 9263~864 954 ~ 918 918 ~5182 926~ 9~0~2~ 926~ 941 482 6421 9~ 9~ TOT~ ~S 8~1F ~211 868C8~8~ 11 268C018~ 12B 1 June 23, 1997 Dwight Nadeau McAnly Engineering & Design, Inc. 5101 East Tamiami Trail, Suite 202 Naples, FL 34113 RE: Notice of Yntent to consider Petition PUD-97-3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, July 10, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Jim Colosimo ]2B ! June 23, 1997 Jim Colosimo, Trustee Ultimate Land Trust 4099 North Tamiami Trail, Suite 305 Naples, FL 34112 RE: Notice of Intent to consider Petition PUD-97-3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, July 10, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Dwight Nadeau N~pLeS DaiLy Ne'~s ~pLe$, FL 339/0 Affic~vit Of ~u~tic,tion N~Les Dmtty Ne~s ~OARD OF COUNTY ATTN: NANCY SALC~.~J~ BOX KAPLES ~L 34101-3016 REFERENCE: 001230 700012 57532~15 NOTICE OF INTENT TO State of Flortd~ Co~Jnty of CoLLier Before the ur~erstgned ~uthority, persoeatty appeered B. ~, ~ ~ ~th ~s t~t she serves · s the Assistant Cor~rnte Secretery of the NapLes DaiLy fl~s, a ~ity ~s~r ~Ltsh~ at NapLes, tn CoLLier C~ty, FLori~: t~t the c~/ of the ~ortist~ was ~t~ tn Affiant furt~ ~ t~t t~ ~td ~tel O~tty CoLLier C~ty, Ftori~, ~ t~t t~ ~id n~r ~ heretofore ~ c~tt~ty ~i*h~ tn ~td CoLLier C~ty, Ftort~, e~ch ~tte~ ~t the ~t office tn ~te~, in ~td Cot~ier C~ty~ F~oei~, for · ~rt~ of 1 ~ext pre~t~ the first ~ti~tt~ of the ~tt~ch~ c~ of ~ertt~t; ~ ~fft~t further l~y~ t~t ~ ~* ~it~n ~td ~r pr~t~ ~ny ~r~, firm or ~tt~ distant, r~te, ~t~t~ or ref~ fo~ the ~r~se of ~ecu~t~ tht~ ~ertil~t for ~bllc~tt~ tn the ~id ~r. PUBLISHED ON: 07/10 AD SPACE: 82.OOO INC~ FILE0 ON: 07/10/97 $tgr~ture of Affiant /7 / ~ $~orn to and Subscribed before me this /{.~ gy of '!~, L~: 12B I TLrr~oNotAIce Is hereby given ~ on r~, ~d F~ ~~ ~ ~-~ ~~, ~1 ~ T~d Tr~ ~ F~ ~- ~~do~~. AN ORDINATE ~E~FNG ~DI-. OUNTY LAND DEVELOPMENT' ~ ~ FROM 'A' R~ R~ A~~ A~ ~ A ~ ~ ~Y ~)TO 'PUO' ~NN~D UNIT DE~LOP- ~NT KNOWN AS ~N ~GLES ~ ~ C~y ~ F~ A ~X~UM ~ ~ ~ UNffS F~ ~ eo~ a~L ~ ~s ~7, L~IDA, CON,STING OF 1~4.~ ~~Y ~ AN EF. _PUD.~.3, ~ ~ - ._.._ .............. 12B 1 ORDINANCE NO. 97- A~ ORDINAl;CE A/MENDING ORDINANCE ~U3MBER 91-102 THE COLLIER COUNTY LA/~D DEVELOPMENT CODE WHICH iNCLUEES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPOP, ATED A.REA OF COLLIER COUNTY, FLORIDA BY ~I4ENDING THE OFFICIAL ZONING ATLAS MAP NVJMBERS 87293C and 482728; BY CMJkNGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL A~ND WITH A MOBILE HOME OVERLAY (MHO) TO "PUD" PLA~4NED UNIT DEVELOPMENT KNOWN AS TWIN EAGLES GOLF A~ND COUNTRY CLUB FOR A MJkXIMUM OF 275 DWELLING UNITS FOR PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF iMMOKALEE ROAD (C.R. 856), IN SECTIONS 17, 20, 29 & 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1374.09 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau cf McAr, iy Engineering & Design, Inc., representing James R. Colosimo, Trustee for the Ultimate Land Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Sections 17, 20, 29 & 30, Township 48 South, Range 27 East, Collier County, Florida, is changed from "A" Rural Agricultural with a Mobile Home Overlay (MHO) to "PUD" Planned Unit Development in accordance with the TwinEagles Golf & Country Club PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Numbers 872930 and 482728 , as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- 12B 1 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of , 1997. BOA3~D OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY L. HANCOCK, CHAIRM3%N APPROVED AS TO FORM AND LEGAL SUFFICIENCY /~3%RJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY f/~UD-97-30RDINA3~C£ ! 12B 1 TWINEAGLES GOLF AND COUNTRY CLUB A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING TWINEAGLES GOLF & COUNTRY CLUB, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF TI-[E COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: ULTIMATE LAND TRUST JIM COLOSrMO, TRUSTEE 4099 N. TAMIAMI TRAIL, STE. 305 NAPLES, FLORIDA 34112 PREPARED BY: McANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAMIAMI TKA.IL, S'I'E. 202 NAPLES, FLORIDA 34113 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AJviENDMENTS AND REPEAL TABLE OF CONTENTS Lis~ of E~ibits znd Tables Statement of Compliance Section I Section II Se~ion III Section IV Section V Section VI Legal Description, Property Ownership and General Description Project Development Residential Development Standards Commons~ecreation Area Development Standards Preserve Area Development Commitments i ii I-I II-1 III- I IV-! V-I VI-I 12B 1 LIST OF E×FIlBITS AND TABLES EXHIBIT A TABLE I TABLE II PUD MASTER PLAN PROJECT LA.ND USE TRACTS DEVELOPMENT STANDARDS 1 STATE,lENT OF CO~IPLIANCE The development of approximately 1374 acres of property in Collier County as a Planned Unit Development to be known as TwinEagles Golf and Country Club will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The resid :ntial and recreational facilities of TwinEagles Golf and Country Club will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Grovah Management Plan for the following reasons: The subject property for development is within the Agricultural/Rural Mixed Use Designation as identified on the Future Land Use Map as provided for in Objective !, Policy 5.1, and as formally interpreted to be consistent pursuant to Community Development and Environmental Services Division Interpretation 1-96-7, dated December 2, 1996, from which no appeal was filed. The project development implements Policy 5.6 of the Future Land Use Element through innovative design, efficient utilization of open spaces, and conservation of environmentally sensitive areas. The project development design, incorporating very Iow intensity residential component, extensive preservation of natural areas and expansive open spaces, ensures compatibility and complements existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3. I.H and L of the Future Land Use Element. The project, development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project density of one dwelling unit per five gross acres is in compliance with the Future Land Use Element of the Growth Management Plan based on that same residential density being the maximum allowed for lands within the AgficulturalXRural Mixed Use designation. SECTION I PROPERTY OWNERSHIP AND DESCRIlrI'ION 12_B 1 1.1 PURPOSE The purpose of this Section is to Set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Tv'in.Eagles Golf and Country Club. 1.2 LEGAL DESCRIPTION 1.3 The subject property being 1,374.09 acres is described as: Section 17 and Section 20, Less and Except the South 100 feet of Section 20 and the Northwest Quarter of Section 20, Township 48 South, Range 27 East, Collier County, Florida, and The West Half of the West Half of Section 29, Township 48 South, Range 27 East, less the North 100 feet for road right-of-way purposes, and less the West 30 feet thereof for road right-of way purposes, and The Southeast Quarter of the Northwest Quarter of Section 29, Township 48 South, Range 27 East, less the East 30 feet for road right-of-way purposes, and The Northeast Quarter of the Southwest Quarter of Section 29, Township 48 South, Range 27 East, less the East 30 feet for road fight-of-way purposes, and The West Half of the Southeast Quarter of the Southwest Quarter of Section 29, Township 48 South, Range 27 East, and The Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 30, Township 48 South, Range 27 East, said land lying, being and situated in Collier County, Florida. PROPERTY OWNERSHIP The subject property is currently under the ownership of the Ultimate Land Trust, James R. Colosimo, Trustee. 1.5 PHYSICAL DESCRIPTION This project lies within the Big Cypress drainage basin and just outside of Water Management District Number 7. The existing drainage pattern of the site is to the south, where runoff enters the Immokalee Road Canal. As storm patterns vary, the runoff then flows either east or west in the canal depending on the path of least resistance (hydraulically). In recent history, the flow direction has been primarily to the west due to a conduit crossing under Immokalee Road restricting flow to the east. When runoff flows in a westerly direction, it is tributary to the Cocohatchee River. with ultimate outfall being the Gulf of Mexico. When runoff flows in an easterly direction, it is tributary to the Gordon l:Liver via the Golden Gate Canal System, with ultimate outfali being the Gulf of Mexico. I-I Water M'anagement for the proposed project will use an interconnected lake system with hydrologic connections to preserve areas associated with the project. Existing elevations witl~in the pro}ect boundaries vary from 12-15 NGVD with the average grade being 14.5 NGVD. The site is located in flood zone 'D' as indicated on FEMA panel 120067 0225D. The soil types on the site include Holopaw fine sand (approximately 56%). Riviera fine sand, limestone substratum (approximately 19%). Boca, Riviera, limestone substratum and Copeland fine sand depressional (approximately 15%), OIdsmar fine sand (approximately 6%). Basinger fine sand (approximately I%). Holopaw fine sand limestone substratum (approximately 1%), Ft. Drum and Malabar High fine sand (approximately I%), lmmokalee fine sand (approximately 0,5%), and Chobee, Winder and Gator soils, depressional (approximately 0.5%). Soil characteristics were derived from Sheets 16 and 21 from the Soil Survey of Collier County Area, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in January 1990. 1.6 PROJECT DESCRIPTION The TwinEagles Golf and Country Club PUD shall be a single family residential development with diverse recreational amenity opportunities, The amenities proposed to be provided in the project include, but are not limited to two 18 hole golf courses and related support facilities, potential equestrian activity center and related support facilities. structures and areas to provide social and recreational space, lakes, natural and landscaped open spaces, and a diverse variety of passive and active recreational opportunities. Each individual single-family lot will be served with either well and septic systems, or centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate Prior to commencement of construction of lhe residential development or recreational facilities, the agricultural use of the property shall be allowed to continue as provided for in Sections II, III, IV and VI of this document 1.7 SHORT TITLE This Ordinance shall be known and cited and the "TwinEagles Golf and Country Club Planned Unit Development Ordinance". I-2 SECTION I1 PROJECT DEVELOPMENT REQUIREMENTS 12B I 2.1 2.2 2.3 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the tracts included in the Tv'inEagles Golf and Country Club development, as well as other project relationships. GENERAL Regulations for development of TwinEagles Golf and Country Club shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions For the development of TwinEagles Golf and Country Club shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other sections land development code, where applicable, remain in ~II Force and effect with respect to the development of the land which comprises this PUD Development permitted by the approval of this petition will be subiect to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, from the County Land Development Code, at the earliest or next to occur of either Final Site Development Plan, Final Plat approval, or building permit issuance applicable to this development. Prior to commencement of construction of the residential development or recreational facilities, the agricultural use of the property shall be allowed to continue. DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS The project Master Plan, including layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be three land use tracts, portions of which may include water management lakes or facilities, and private street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". II-1 TABLE I PROJECT LAND USE TRACTS TYPE UNITS ~ TRACT "A" RESIDENTIAL 275 3 ! 0 TRACT "CR" COMMONSq~CREATION 0 759 TRACT "P" PRESERVE 0 305' * Additional conservation lands (>115 acres), will be resultant from environmental permitting, and will occur in the CommonsXRecreation Tract as provided for in Section IV of this document. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the ~me general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections :t.2.6 and 2.7,3.5 respectively, of the Collier County Land Development Code, or as other~vise permitted by this PUD document. In addition to the various areas and specific items showu on Exhibit "A", such easements as necessary (utility, private, semi-private, etc.) shall be established within or along the various tracts as may be necessary 2.4 MAXIMUM PROJECT DENSITY A maximum of 275 residential dwelling units may be constructed in the total project area. The gross project area is approximately 1,374.09 acres. The gross project density, therefore, will be a maximum of I dwelling unit per 5 gross acres. 2.:5 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording ora Record Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Development Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division :1.2 of the Collier County Land Development Code, and the platting laws of the State of Flodda. Co The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. II-2 128 1 2.6 2.7 2.8 The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat, in conformance with the requirements of Division 3.2 of the Collier County Land Development Code, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. The golf course and related support facilities, including construction trailers and golf course maintenance facilities, may be developed prior to the approval of Subdivision Construction Plans and Plat, subject to approval of an Early Work Agreement by Collier County Development Services Staff and the Board of County Commissioners. Use of the golf course may not occur until the required plat is recorded, all support infrastructure is completed and preliminary acceptance for the improvements is granted by the Board of' County Commissioners LAKE SETBACK The lake setback requirements described in Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of, way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 7.3 C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this ordinance establishing TwinEagles Golf and Country Club PUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within TwinEagles Golf and Country Club, the developer shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject, further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. II-3 12B 1 2.10 MODEL HOMES AND SALES FACILITIES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to. pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the TwinEagles Golf and Country Club PUD, except in Preserve Areas, and except as provided for herein is subject to Division ;',4, Division 2.5, and Section 2.6.33 4. of the Collier County Land Development Code. Five (5) model homes, and a sales center shall be permitted in conjunction with the promotion of the development, subject to the following: Five (5) "dry" models may be constructed prior to recording of a plat. Location is limited to future platted single family lots. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The sales center must obtain approval by and through the Site Development Plan Process unless a Preliminary Subdivision Plat has been approved, wherein a Temporary Use Permit may be pursued. Prior to recorded plat(s), metes and bounds legal descriptions shall be provided to, and accepted by, Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations, and models constructed pursuant thereto shall conform to applicable minimum square footage's, setbacks, and the like, as set forth herein. Access shall be provided to each "dry" model from the sales center. Access may be via washed stone roadways (paving prohibited) given the potential plan to locate the sales center on the south side of the Naples-lmmokalee Road Access to the sales center may be provided by a washed stone road or temporary driveway, and shall have a supporting parking lot. Sales, marketing, and administrative functions are permitted to occur in the designated sales center within the project, only as provided herein. The sales center may be serviced by a temporary utility system with ultimate connection to a central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home. parking, access road/driveway and other imper~Aous surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. 2. I 1 FILL STORAGE Fill storage is generally permitted as a principal use throughout the TwinEagles Golf and Country Club PLrE). Fill material generated from golf course lakes and proposed water management areas may be stockpiled in areas within the project boundaries in accordance with Section 3,2.8.3.6 of the Collier County Land Development Code, except as provided for herein. The following standards shall apply: A. Stockpile maximum side slope: B. Stockpile maximum height: thirty-five (35) feet II-4 12B I C Fill stockpile areas shall be screened with a security fence at least six (6) f'cet in height above ground level. If flu is spread to a height less than four feet over future residential lots which are depicted on an approved Preliminary Subdivision Plat, no fencing is required. Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code. and stockpiling retained for periods greater than 90 days be seeded with grass. If fill is spread to a height less than four feet over residential lots which are depicted on an approved Preliminary Subdivision Plat, erosion control is required, but no seeding with grass is required. E. Fill storage shall not be permitted in Preserve Areas. Fill storage and stockpiling shall be permitted as a pan ora golf course Early Work Permit, and prior to platting or Site Development Plan submittal 2.12 PRELI,MINARY SUBDIVISION PLAT PIIASING Submission, review, and approval of PreliminaD' Subdivision Plats for the development may be pursued in phases to correspond with the planned development of the property. 2.13 FLEQUIP. ED ENVIRONMENTAL PERMITTING Where the development of land within TwinEagles Golf and Country Club PUD requires a permit from a local, State, or Federal agency v, ith jurisdiction over the property proposed for development, the developer shall obtain such permits as may be required prior to final development order approvals for the land specifically requiring such permit. Construction approvals from Collier County may be phased to allow construction of portions of a particular use that do not impact lands which require an environmental permit, provided that such environmental permits have been applied for and are under review by the appropriate agencies, and subject to the understanding that it is the developer's sole risk if such permits are not finally issued to allow completion of the proposed use. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Subsection 3 95 5 3 of the Collier County Land Development Code, a minimum of 25*/, of the viable, naturally functioning native vegetation on site is required to be retained The total area of viable, naturally functioning native vegetation within the PUD boundary is 456.6 acres, therefore, 114.1 acres are required to be retained. This requirement is fully satisfied within the Preserve Area and other areas within the PUD. Approximately 90% of the viable, naturally functioning native vegetation will be preserved. 2.15 LINIC4, GE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code, and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the PUD District on the Official Zoning Atlas would be governed by the adopted development regulations and PUD Master Plan. Where development standards contained in this PUD document are set forth by reference to the Land Development Code, at the time of adoption, and are made to be less restrictive by future amendment(s) to the Land Development Code, those less restrictive standards shall apply to this PUD; otherwise, the standards in eff'ect at the time of adoption shall apply, unless a specific section states to the contrary. II-5 SECTION III RESIDENTIAL DEVELOPMENT 128 1" 3.1 PURPOSE The purpose of this Section is to identify specific development s~andards for areas designated as Tract "A" on the PUD Master Plan, Exhibit "A". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review, but shall not exceed 275 dwelling units. 3.3 USES PEP,~I ri-FED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Single-Family homes. 2) Model Homes (See Section 2 10 of this PUD Document) 3) Interim agricultural land uses prior to commencement of construction of the residential development. B. Accessory Uses: 1) Customary accessory uses and structures including but not limited to private garages, tennis facilities, guest houses (attached or detached), and swimming pools with or without screened enclosures. 2) Utility facilities and, or easements (including rights-of-way easements). 3) Signage. 4) Watec management facilities/lakes. 5) Commercial Excavations, as provided for by Collier County's excavation regulations set forth in Division 3.5 of the Land Development Code. :1.4 DEVELOPMENT STANDARDS GENERAL: All criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. MINIMUM LOT AREA: 33,000 square feet. AVERAGE LOT WIDTH: 150 feet. III-1 12B 1" MINIMUM YARDS (Principal Structures): I) Front Yard: SO feet. 2) Side Yard: 30 feet. Rear Yard: 50 feet. MINIMUM YARDS (Accessory Structures): I) Front Yard: Same as principal structure. 2) Side Yard: 15 feet (Attached). Same as principal structure (Detached). 3) Rear Yard: 15 feet. MINIMUM FLOOR AREA: 3,000 square feet. OFF-STKEET PAP.KING AND LOADING KEQUIKEMENTS Aa required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. MAXIMUM HEIGHT I) Principal Structure: 45 feet, or 3 stories, whichever is greater, above the minimum finished floor elevation. 2) Accessory Structure: 35 feet, or 2 stories, whichever is greater, above the minimum finished floor elevation, except for attached screen enclosures, which may be the height of the principal structure. GUESTHOUSES Detached guesthouses are not permitted on lots less than one acre. No guest accommodation facility proposed to be constructed in this single-family development, whether a freestanding guesthouse, or guest accommodation which is structurally integrated with the main dwelling, may be leased or rented. Similarly, if a main residence is leased or rented, a guest accommodation facility accessory to it may not be oc~pied by the property owner, since this would constitute the unlawful utilization of single-family zoned property for two-family dwelling purposes. Guesthouses shall not have a living area greater than 40 percent of the air conditioned enclosed living area (excluding garages, carports, patios, porches, utility areas, and the like) of the principal dwe!ling. Detached guesthouse$ shall not be closer than 20 feet to the principal dwelling. A guesthous¢ may not be constru~ed prior to the construction of the principal dwelling. III-2 12B SECTION IV COMMONSLRECREATION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan and development standards for thc areas designated as Tract "CR', CommonsXaKecreation Area on Exhibit "A". The primary function and purpose of this Tract is to prov/de for access, project infrastructure, and aesthetically pleasing open areas intended to satisfy the residents' basic needs for a quality recreational opportunity. Any recreational, social, administrative or maintenance facility which may be indicated on the PUD Master Plan, Exhibit "A', shall be considered conceptual, and the placement of such facilities considered non-binding Except in areas to be used for water impoundment, and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. 4.2 USES PERMITTED No building or structure, or pan thereof, shall be erected, altered or used, or land used, in whole or in pan, for other than the following: A. Principal Uses: 1) Golf courses and golf club facilities, including temporary and permanent golf clubhouses. 2) Tennis clubs, health spas, interpretive centers, facilities to teach social/environmental responsibility, equestrian clubs and facilities, and other recreational clubs. 3) Structures which house social, recreational, project marketing administrative, or security facilities. 4) Community and golf course maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5) Utility, water management and rights-of-way/access easements. 6) Lakes and water management facilities. 7) Conservation areas/mitigation areas, 8) Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. · 9) Signage. ~o) Open space uses and structures including but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries, gazebos, and picnic areas. IV-1 11) Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the commons areas. 12) Small docks, piers or other such facilities constructed for purposes of lake recreation, for residents of the project. Shuffleboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation. 14) Commercial excavations as permitted by Division 3.5 of the Collier County Land Development Code. 15) Interim agriculture land uses prior to commencement of construction of the recreational facilities B. Accessory Uses. Accessory, incidental and subordinate commercial activities such as but not limited to those provided herein shall clearly be of such scope, size and proposed intensity that they are sustainable only by the membership of the golf courses and clubhouse. I) Clubhouse, pro-shop, snack bars, practice driving range, golf cart barns, restrooms/shelters, and other customary accessory uses of golf courses. 2) Small establishments, including golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities. 3) Non-commercial horse stables, and facilities typically accessory to the equestrian pursuit. 4) $) Customary accessory uses or structures incidental to recreational areas and, nr facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. One (1) caretaker's residence for the golfing/tennis facilities, and one (1) caretaker's residence for the equestrian facilities. Telecommunications facilities, including, but not limited to cable television, digital, fiberoptic, microv,'ave, satellite, LrHF, VI-IF, FM, AM, Short-wave, and other sending and receiving facilities and structures, subject to applicable permitting, and written approval by the developer or master homeowner's association. 4.3 DEVELOP/~IENT REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of buffer areas. .~dl buildings shall be setback a minimum of fiery (50) feet from abutting, off-site residentially zoned districts, and a landscape and maintained buffer shall be provided. All buildings shall be setback a minimum of fit~een (15) feet from all project parcel or Tract boundaries Structures adjacent to one another shall be separated by a minimum often (10) feet, or one half the sum ofthe building heights, whichever is greater. IV-2 Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare, or other interference. A Site Development Plan in compliance with Division 3.3 of the Collier County Land Development Code shall be required, except for uses authorized by the golf course Early Work Agreement, as set forth in Section 2.5 F. of this document Maximum Height: 1) Principal Smactures: Sixty (60) feet. 2) Accessory Structures: Forty (40) feet. except telecommunications facilities and structures. Minimum Off-Street Parking And Loading 1) Private Golf Courses: Four (4) spaces per hole. Additionally, one (I) space per 200 square feet shall be provided for office/ lobby/ pro-shop/ health club/ clubhouse/ lounge/ snack bar/ dining room/ meeting room areas, of which a maximum one-third (1/3) of this requirement may be grassed and set aside for future parking and shall be paved as deemed necessary by the Development Services Director and dedicated as such on the Site Development Plan at the time of approval pursuant to Division 3.3 of the Collier County Land Development Code. In addition, 50% of normal requirements for exterior recreation uses including: swimming pools, golf driving range and tennis courts shall be provided. Golf cart, golf bag and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed a one (1) space per 1,000 square feet. 2) Equestrian Recreation Facilities: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. 3) Other Recreation Facilities Not Associated With Golfing Or Equestrian Uses: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. 4) Loading Areas: As required.by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. Caretaker's Residences: One (1) caretaker's residence shall be permitted for the golfing/tennis facilities, and one (I) caretaker's residence shall be permitted for the equestrian facilities, subject to the following: 1) The residence shall be constructed as an integral pan of the main golf course clubhouse facility and the main equestrian facility or stables, and shall be entered from within the respective clubhouse/facility or stables. Exits required to comply with fire codes shall be permitted. 2) The caretakers' residences shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the golf course or equestrian facilities. IV-3 12B 1 3) Off-street parking shah be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. Parking for the caretakers' residences shall be in addition to any other required parking facilities, 4.4 BUFFER DEVELOPMENT REGULATIONS A. Buffer Types: 1) Land use buffers shall be easements, generally located along the project's perimeter, intended to protect residential land uses from possible impacts from adjacent off-site roadways and/or off-site land uses. Land use buffers shall not be required along the common property boundaries with the Bonita Bay golf course in the northwest quarter of Section 20. Land use buffers may also be utilized within the project boundaries, at the discretion of the developer. Land use buffers may be landscape buffers and. or earthen berms and. or fences/wails. 2) Landscape buffer; existing native vegetation may be utilized and, or; 3) Earthen berms and, or; 4) Fences/walls: Nine (9) foot maximum height. Buffer Development Standards. In addition to the development standards set forth below, the provisions of Section 6.12 of this document shall also apply. 1) Land use buffers, ben'ns, fences and walls may be constructed along the perimeter of the Twin.Eagles Golf and Country Club PUD boundary prior to Preliminary Subdivision Plat and Site Development Plan submittal. All such areas must be included in a landscape or buffer easement on Final Plats, or in a separate recorded instrument 2) The land use buffer area shall not be less than twenty (20') feet in width along the east project boundary, north of Immokalee Road (C.R. 846), except where land use buffering is accommodated with a fence or wall. 3) Due to water management and utility constraints, land use buffeting shall not be required along the project's boundary adjacent to Immokalee Road's north Right-Of-Way line. 4) S) 6) All other project property boundaries shall have land use buffer widths in compliance with Division 2.4 from Collier County's Land Development Code. Except as provided for above, and in Section 6.12 of this document, buffer improvements shall be in conformance with Division 2.4 from Collier County's Land Development Code. Types and numbers of plantings for project perimeter land use buffers shall be submitted with Construction Plans and Plat application(s). Plans and statements shall describe how the perimeter land use buffers will be irrigated and maintained. IV-4 DEVELOPMENT STANDARDS TABLE II DEVELOPMENT STANDARDS RESIDENTIAL 12B 1 COMMONS/RECREATION USES PR~C~AL STRUCTURES MINIMUM LOT AREA 33,000 SQ. FT. NOT APPLICABLE AVERAGE LOT WIDTH 150 FEET NOT APPLICABLE MIN. FLOOR AREA 3,000 SQ. FT. NOT APPLICABLE FRONT YARD 50 FEET I 5 FEET* SIDE YAKD 30 FEET 15 FEET* REAP. YARD 50 FEET 15 FEET* MAX. BLDG. HT. 45 FEET** 60 FEET ACCESSORY STRUCTURES FRONT 50 FEET 15 FEET SIDE (ATTACHED) 15 FEET 15 FEET SIDE (DETACHED) 30 FEET 15 FEET REAK 15 FEET 15 FEET MAX. BLDG. HT. 35 FEET** 40 FEET *' All CommonsLRecreation structures must be a minimum of fifty (50) feet from abutting, oH'-site residentially zoned districts. **: See Subsection 3.4 H. ofthls document. IV-5 12B I SECTION V PRESERVE AREA 5.1 5.2 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", PUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, in their natural state. Although this document and Exhibit "A" indicate approximately 305 acres of "Preserve", it should be understood that additional preserve within the project boundaries will be resultant from environmental permitting, and will occur as conservation easements within the CommonsLRecreation Tract. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, State and Federal permits, when required: Principal Uses: 1) Open spaces/Nature preserves. 2) Lakes and water management facilities. 3) Mitigation areas. 4) Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approval by permitting agencies. 5) Hiking trails, riding trails and golf cart paths or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to appropriate approval by permitting agencies. V-1 SECTION VI DEVELOPMENT COM M ITM ENTS 6.1 6.2 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Development Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any commitments within this agreement shall be applicable to any successor or assignee in title to the developer. 6,3 PUD MASTER DEVELOPMENT PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent apprc, val phase as may be required at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the TwinEagles Golf and Country Club PUD M'aster Plan upon written request of the developer. 1) The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the TwinEagles Golf and Country Club PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the PUD boundaries. VI-1 1 6.4 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3.C. I ) of this document: Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Reconfiguration of golf course envelopes and design features. d. Internal realignment of rights-of-way other than a relocation of access points to the PUD. e. Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Areas. Minor changes and refinements, as described above, shall be reviewed by appropriate County s:aff to ensure compliance with ali applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization ['or development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION Commencement of construction of Phase One of TwinEagles Golf and Country Club shall occur upon acquisition of all applicable permits and development authorizations. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Prior to commencement of construction of the residential or recreational improvements, the agricultural use of the property shall be allowed to continue. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. 6.5 TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A gatehouse,qimited access facility shall be permitted within the project's main entrance areas, but shall not be located so as to impede traffic flow on Immokalee Road (C.R.846), nor shall such facilities be located within the Immokalee Road Right-Of-Way. VI-2 12B 1' 6.6 6.7 WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Detailed paving, grading and site drainage plans shall be submitted to Project Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Project Review Services. A~ excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. The Petitioner shall submit a copy of the SFWNfl) permit application to Collier County Development Services Engineering Stafffor review and comment. The Petitioner shall show the route of the off-site discharge leaving the parcel south of Immokalee Road (from the project boundary to the receiving canal) on the Conceptual Water Management Plan UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: The Developer shall be responsible to design and construct, operate and maintain at its own cost from the PUD property, a sewage force main and potable water main, and any necessary appurtenances, east, for connection to the potable water and sanitary sewer facilities operated by the Orangetree Utility Company Upon request of the County, the force main and water main shall be conveyed at no cost to the Collier County Water-Sewer District at such time as the County elects to provide water and sewer services to the PUD property. To address environmental concerns in the surrounding area, and as may be deemed consistent with the Growth Management Plan as may be amended, the developer shall install, operate and maintain interim sewage treatment and potable water treatment facilities, until such time as County facilities are available to serve the PUD property. When County facilities become available, all customers of the interim facilities shall be required to connect to County facilities, and the interim facilities shall be abandoned, removed and dismantled at no cost to the County. Private potable water wells and septic tanks may serve the development until such time as privately or publicly-owned water and sewer systems are available to serve the PUD property, at which time connection shall be made to the water and sewer systems. VI-3 12B 1 6.8 6.9 ENGINEERING The development of this PLq) Master Development Plan shall comply with the Collier County L~nd Development Code, as amended. ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Environmental pe:'mitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. Ail conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. Buffers shall be provided around wetland; where possib e, extending at least fifteen (15) feet landward from the edge of the/wetland preserves in all places, and average twenty-five (25) feet from the landward ~:dge of wetlands. Where natural buffers are not possible, structural buffers shall be~provided in accordance with the State of Florida Environmental Resource Permit ~[es, and be subject to review and approval by Current Planning Environmental Review Staff. The Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on-site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental staff for review and approval prior to Final Site Plan/Construction Plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Constnaction Plan approval. The Petitioner shall submit a copy of the Environmental Resource Permit (ERP) application and resubmittals as well as copies of comments submitted to the South Florida Water IVlanagement District (SFWIv~) by the Florida Game and Fresh Water Fish Commission (FGFWFC) and the United States Fish and Wildlife Service (USFWS), for copy to Collier County review files. This shall be submitted at the time of PlatfPlans or Site Development Plan submittal. 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for a construction site office and model center. 6.11 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. VI-4 12B 1 6.8 ENGINEERING mo The development of this PUD Master Development Plan shall comply with the Collier County Land Development Code, as amended, 6.9 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Environmental permitting shall be in accordance with the State of florida Environmental Resource Permit Rules, and be subjec~ to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. A~I conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. Buffers shall be provided around wetlands, where possible, ex'lending at least fifteen il 5) feet landward from the edge of the wetland preserves in all places, and average twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff. The Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on-site, a Habitat Management Plan for tho~ protected species shall be submitted to Current Planning Environmental staff' for review and approval prior to Final Site Plan/Construction Plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff'for review and approval prior to Final Site Plan/Construction Plan approval. The Petitioner shall submit a copy of the Environmental Resource Permit (ERP) application and resubmittals as well as copies of comments submitted to the South Florida Water Management District (SFWMD) by the Florida Game and Fresh Water Fish Commission (FGFWFC) and the United States Fish and Wildlife Service CUSFWS), for copy to Collier County review files. This shall be submitted at the time of Plat/Plans or Site Development Plan submittal. 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for a construction site office and model center. 6.11 SIGNS A~I signs shall be in accordance with Division 2.5 of the Land Development Code. VI-4 6.12 LANDSCAPE BUFFERS, BER.,~IS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the TwinEagles Golf and Country Club PUD, except in Preserve Areas. The following standards shall apply: A. Landscape ben'ns shall have the maximum side slopes: 1) Grassed berms 3:1 2) Ground covered berms 2:! 3) Rip-Rap berms 1:1 4) Structural walled berms may be vertical Fence or wall maximum height: nine feet (9'), as measured from the finished 8ntde of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered no greater than eighteen inches (18") above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the fence or wall shall not exceed six (6') in height from the top of berm elevation with an average side slope of greater than 4:1 (i.e. :3:1, 2:1, 1:1, or vertical). Pedestrian sidewalks, golf cart paths, bike paths, equestrian riding trails, water management facilities and structures may be allowed in landscape buffer areas. 6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 6.14 POLLING PLACES Pursuant to Section 2.6.:30 of the Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowner's associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 12B 1' TwinEagles Golf & Country Club ~CT 'p' I D.U./5 AC. O 1374 AC. - 275 D.U. ~ SEC~ONS 17,20.20 & 30 ~ACT 'P' ~D USE ~CA~ONS - 0 ~CT 'CR' CO~ONS~EA~ON:?59 P.OX C~C~!h. r~'~ CUk:/ ~ I 2 B- 1 THE CONSERVANCY Of Southwes! Florida Friday. July 18. 1997 Commissioner Timothy L. Hancock Board of County Commissioners Collier County Government Center 3301 Tamiami Trail E. Naples, FL 341124977 ea. comm. rec'cl copy Dear Chairman Hancock. Urban ;pram seriously jeopardizes our environment and quality of life, both here in Collier County and around the nation. The decision on the proposed TwinEagles PUD will. in effect. establish an important precedent about the future of Collier County. It is for this reason that we have devoted the past several months to intensive study and discussion on this issue. The Conservancy is on record as opposed to PUDs outside the urban boundarv, primarily because ofour concern that such PUDs would promote urban sprawl. We continue to ~ave serious concerns about how a PUD might affect growth and urban sprawl. Following exhaustive study of this issue, we remain opposed to a PUD outside the urban boundary unle~ the Collier Count,,. Comprehensive Plan and Land Development Code contain language specifying a rigorous sca'of criteria that set a high standard for such growth. Such criteria must he sensitive to both environmental conservation concerns and the problems of urban sprawl That The Conservancy would not oppose PUDs outside the urban boundary meeting a high standard is based on our assessment that, over time. growth will continue to occur outside the urban boundary. The question then becomes, how can we best guide this gro'~,lh? Is there an alternative to the type ofgrowth outside the urban boundary that would otherwise occur? Our research tells us that PUDs. by providing for clustering, can provide better environmental benefits than traditional 5-acre ranchettes. Over the past few months, we have been working with other enviromm:ntal organizations and land planning experts from around the country. We have also met numerous times with TwinEagles developers and consultants. As a result, we have established a rigorous set ofcr~teria (for PUDs along a defined Immokalee Road corridor outside the urban boundary) that are both meaningful and achievable. (These criteria are attached.) Our criteria offer significant protection to the environment and water resources: clearly differentiate an urban PUD from a non-urban PUD: are sensitive to human settlement in a wilderness area: mitigate man.,,' of thc n~gative aspects of urban sprawl: and repre.~nt a better alternative to what would othcras'i~ occur. ]'he Conservancy will not oppose a PUD (including 'FwinEagles) that meets thc.~ criteria. assuming such criteria are incorporated into the Comprehensive Plan and Land Development Code. ttov.'ever, pica.sc note that the language u.~d in our criteria was developed to rcpre.~nt concerts. Final language must be developed by. County staffand attorneys to ensure clarity and enforceability. ' We believe that TwinEagles represents on/.,,' the first of many decisions Collier County must make about PUD development and urban spra,,~'l outside the urban boundarv, ghatever tl~ outcome of TueMay's decision, we would strongly encourage a County WorksN~'p to revicv, this critical i~sue as we move forward. The Consen.ancy ~,'ould be happy to offer its staffand facilities to organize and conduct such a workshop. Thank you for your consideration of our concerns and ideas on thk,~ important issue. Sincerely. David E. Gugge..r~e~m President & CEO Enclosure cc: Commissioner Barbara B, Berry. District 5 Commissioner Timothy J. Constantine. District 3 Commissioner John Norris. District I Commissioner Pamela Mac'Kie. District 4 THE CONSERVANCY Of Southwest Florida Position Statement ' Criteria for a PUD Outside Urban Boundary Along a Designated Immokalee Road Corridor July 18, 1997 The Conservancy is on record as opposed to PUDs outside the urban boundary, primarily because of our concern that such PUDs would promote urban sprawl. We continue to have serious concerns about how a PUD might affect growth and urban sprawl. Following exhaustive study of this issue, we remain opposed to a PUD outside the urban boundary unles____~s the Collier County Comprehensive Plan and Land Development Code contain the following criteria that set a high standard for such growth: An Immokalee Road corridor shall be designated on the Future Land Use Map as a rural residential clustering subdistrict in the agricultural/area land use designation. PUDs shall be required when utilizing this subdistrict. This area would stretch from the current eastern urban boundary line east to the TwinEagles project along Immokalee Road and to the north to the Corkscrew R%ional Ecosystem Watershed (CREW) Trust boundary. Under no circumstances shall a project develop more than 50% of exlatlng natural areaa' on the project site. Furthermore, any development of any existing natural areas within the project must be compensated for with the purchase of CREW Trust lands at a ratio of 2:! or greater. Ratios higher than 2:1 are necessary for impacts in highly sensitive areas. Determination of an appropriate ratio should l;ollow guidelines such as South Florida Water Management District's Environmental Resource Permit rule. In addition, at least 50% of the gross nereage of each project must consist of natural areas with native vegetation. Projects may meet the 50% standard throueh onsite enhancement or restoration. Projects may also meet the 50% standard through purchase of CREW Trust lands, as described in items 3C. 3D. and 3E below. A. Eligible acreage (areas ora minimum of O.2 acres in size): · natural areas preserved on site · enhanced or restored wetlands or uplands · re-created uplands or wetlands on existing agricultural/disturbed areas · 10% ofconstructed lake areas {credit for littoral zones) · 100% of natural lakes and streams · natural areas used tbr passive recreation such as hiking or equestrian trails · .am acceptable definition of"natural areas" can be developed through use ofcriteria established by Department of Transportation's Florida Land u.~e. Cover and Forms Classificcttion System. the Florida Natural Areas Inventor?. classification D.stern. or other source. ' 12B-! ' · resid¢nfial or common areas planted with 100% native v~etation in zroupings or contiguous with natural/preservation areas ' Ineligible acreage ('although typically considered open spacel: · golf courses, tennis courts, basketball courts, clubhouses, and other active recreation uses · 90% of constructed lakes · mowed common areas · mowed residential areas and turf grass · residential areas planted with any exotics · roads, sidewalks, entire parking areas, paved areas, and medians A project site that initially has less than 50% of its gross acrt~ge in natural areas (for example, sites with large areas of disturbed land. agricultural fields, etc.) may me~ the 50% criteria with purchase of lands in or adjacent to CREW Trust at a I :I ratio and provide for restoration and perp~ual maintenance. D. Direct payment for acreage may be made to CREW Trust according to the South Florida Water Managu-n'nent District's Schedule of Mitig..ation Costs. E. Less than fee simple methods of preservation (e.g.. conservat/cn easem~ts) of CREW Trust lands may be used to fulfill requirtwnents in 2 and 3C..Such strat~ies must also provide for restoration and pexpe~ual maintenance. Preservation areas must be connected throughout the project to the greatest extent possible. Preservation areas must be connected to any existing corridors outside of the prQect. lhe maximum density, or'one unit per fi~,e acres shall be maintained. Compact clusterine must be utilized to the ~eatest extent possible. - A plan shall be prepared and filed with the Count-,' for maintenance of,he ,, iabiliv,' of the natural arm preserves on site. lhe natural hydrol~>gy of the preserve areas shall b~ maintained and/or restored. A management plan shall be developed and filed with the County for ~ide-ran~ng species. addressing the following: · A plan to address potential conflicts between humans and wildlife te.g., bears roaming through residential areas), including animal relocation policies. · The appropriate use of fences, walls and other obstructions to encourage wildlife to use natural corridors. ' · An education program that informs potential and existin,,2 residents abcct coexisting with wildlife in the area. ' Safe highway and roadway crossings lbr wildlife must be addressed. 10. 12B- The Homeowners Association shall include in the deed restrictions subscription to the University of Florida's Florida Yards and Neighborhoods program which is an education program that encourages voluntary measures to address residential stormwater runoff.and desi~ and maintenance of'environmentally-friendly landscaping. A plan shall be prepared and filed with the County providing for a golf course management and maintenance program that addresses habitat enhancement, wildlife conservation, water conservation, waste management, recycling, energy efficiency, appropriate use of pesticides and fertilizers, and education, such as the guidelines for "Signature Status" established by Audubon International's document entitled, Statainable Resource Management Guide for Golf Courses. The Collier County. Comprehensive Plan and Land Development Code must be amended to include these leg..J.'slative and environmental criteria. 12B-1 12B-1 ' 128-1 Naples F/or'ida USA · Tel: (94 I) 352-.8586 · Fax: (94 I) 352.-8598 FAX MEMO FRX COUER /'~on Jul 21 1997 I1:37 ~a To: R%tn: Fax I: Fax I: Uoice I: ~L~lqTFax DESg I.~ CODE: * (~1) 3S~-8S9B ~ CODE + (~iI) 3SZ-8597 Fax: 2 pages and a couer page. FAX MEMO DATE: JULY 21. 1997 NO OF PAGES: 1 FAX 4': 774-3602 TEL ·: 774-8389 FAX TO: BOARD OF COUNTY COMMISSIONERS of COLLIER COUNTY NAPLES FL 34112 A'FI'N: ALL COMMISSIONERS REF: The Ur13an boundary is just that, an urban BOUNDARY Whhln this area a city of apczoximately mtee hutldfed tO four hufldced thou~lnd ~ can bi accommodated. This is tf~ absolve maximum population level that our nal~'al resources t~ould have to su~ain {primarily water, not to mention road infrasb'uctures, school services, 10<dlcing, etc.). We simply DO NOT NEED more urban Land. Wt~y do you entertain developers whO buy cheap land outside the urban bo~Jndary end have no intention of following the pre-set zoning regulations ? For a few hundred thousand dollars they can payroll a ho~ of lawyers and apply pressure tactics on County Staff, olay last end loose with deadlines. 0resent 'Innovative' ideas, such as clustering, etc. etc. At the end of tt~e day, even after spending their many thousands, they usually w~n and retain a fat profit from tr~r rezoning permit=. It is not a win-win s~tuatlon when you give away our Urb~ Boundary ! Why should developers p~ofi! from bending the rules when others play them faldy by sticking to the urban You have drawn a line in the sand, NOW STICK WqTH IT I Send a me, sage to all develol~'s th~ Urban land is going to get exp,'mire and when it rune out, we cannot make rr~'e of/t, Thie will inctlate 1~ tax base by boosting urban land prices based on basic supply and demand. Kee~ng the lend otrtside the boundary relatfv,dly open will also allow the natural resources (again water) TO better serve those within the urban boundary. Send a clear message that Collier County cares and means to stick to it's promise not to East Coast the west Coast. Heed tt~e 'caption of the enclosed fax copy of J.N 'Ding' Darling's 1938 cartoon. Yours trul~/'~ . RO~ER DYKSTRA, P~E"451DENT a.a. CHRI~ STRATON AUDUBON SOCIETY of COLLIER COUNTY 435-8169 c.c. ELLEN UNOBLJkD CREW Teust 332-T771 c.c. CANDICE TIN~(LER EVERGLAOES NATIONAL PARK (GUL~ COAST) 655-3311 ¢.¢, NA~ PA~ON ~ORIDA ~LD~ FEOERA~ON e43-4111 e.e. ED CARLS~ NA~AL AUOU~N ~ CORKSCR~ SWA~ ~AN~ARY eS7-~72 a.a. Gt~ER HINCMC~ R~K~Y BAY NATL ES~AR~E RE$~R~ ~E~E 417.~I0 e~. LYNNE FRA~R ~E CO~VA~Y 403~21~ c.~. ~KE O~NS FAKAHATC~E S~AND STA~ ~ES~E o.c. SONYA DURRWA~R MCAYUNE FOREST 352 4212 A~VE HAVE ~N CO~ FOR RE~RENCE ~RPO~ES ~Y. ~ I~ NOT ~AR~Y A R~CTI~ OF ~EIR ~moa. e?/21/lg~7 Il:Be 941-352-0598 DRCHI~S & E(~ [NC P~Z~E IZB-1 ri, ~ow Rich Will We Be When We Have (:onverted All Our Fore, ts, All O~r oil, All Our Water Resourcest. and All Our Minerals into CJ~? ~ ,! 12B-1 Iiilllllll~~ llllllllllll JJ " .......... ll:lilllJilllj I 6.9 lZB- 1 LOT LANDSCAPING A minimum of fifty percent (50%) of each lot's side yard setback area (only one side required for comer lots) shall be landscaped entirely with native plant materials as is generally depicted on Exhibit "B", Sideyard Native Landscaping Exhibit. Such landscaping shall be in.stalled prior to issuance of Certificate of Occupancy. The Homeowners Association shall include in the deed restrictions subscription to thc University of Florida's Florida Yards and Neighborhoods program which is an education program that encourages voluntary measures to address residential stormwater runoff and design and maintenance of environmentally-friendly landscaping. ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: G. Fifty percent (50%) of the entire project area must remain, be enhanced, or be restored to natural area~, with native vegetation, said standard shall be satisfied by the following provisions: 1) Eligible acreage (areas of a minimum of 0.2 acres): a. Natural areas preserved on site; b. Enhanced or restored wetlands or uplands; c. Recreated uplands or wetlands on existing agricultural/disturbed areas; d. Ten percent (10%) of constructed lake areas; e. One hundred percent (100%) of natural lakes; f. Natural areas used for passive recreation; g. Residential and common areas including areas adjacent to or within golf courses, planted with one hundred percent (100%) native vegetation in groupings or contiguous with natural and preserve areas; h. Natural areas contiguous to project lands, CREW lands, or natural areas contiguous to CREW lands. 2) Ineligible Acreages: a. Golf courses, tennis courts, basketball courts, clubhouses, and other active recreation uses; b. Ninety percent (90%) of constracted lakes; ~ For the purpose of this PUD, "natural area" shall be defined to be a vegetative community consisting of native vegetation which occurs naturally, or may be man-made to mimic natural conditions and/or functions. 12B-1, It. 3) 4) c. Mowed common areas; d. Mowed residential areas and turfgrass; e. Residential areas planted with any exotics; f. Roads, sidewalks, entire parking areas, paved areas, and medians. The development may meet the fifty percent (50%) criteria by compensating for the loss of agricultural farm fields or significantly disturbed lands with the purchase of CREW lands or lands adjacent to CREW lands, or lands adjacent to project lands on a 1:1 ratio or greater. Such strategies must provide for restoration and maintenance costs. Direct payment for acreage may be made to CREW according to the South Florida Water Management District's schedule of mitigation costs. 5) Less than fee simple method of preservation of CREW lands or lands adjacent to CREW may be used, e.g. conservation easements. Such strategies must consider restoration and maintenance costs. Development of any amount of existing natural areas within the project must be compensated with the purchase of CREW lands on a 2:1 ratio and must provide for restoration and maintenance costs. The Preserve Tract, as shown on Exhibit "A", PUD Master Plan, located on the westerly property boundary in Section 17, and Preserve Tract located on the southwesterlymost boundary of Section 17, will be connected with a vegetative corridor which serves to maintain the existing connection to off-site natural areas. A management plan shall be developed and filed with the County for wide- ranging species which addresses the following: 1) A plan to address potential conflicts between humans and wildlife (e.g. bears roaming through residential areas), including animal relocation policies. 2) The appropriate uses of fences, walls and other obstructions to encourage wildlife to use natural corridors. 3) An education program that informs potential and existing residents about coexisting with wildlife in the area. 4) Safe highway and roadway crossings for wildlife must be addressed. In accordance with the South Florida Water Management District Environmental Resource Permit Rules, the long term viability and hydrology of the preserved natural areas shall be maintained. There shall be prepared and filed with the County a golf course management and maintenance program that addresses habitat enhancement, wildlife conservation, water conservation, waste management, recycling, energy efficiency, appropriate 12B-1, u~ of p~sticides and fertilizers, and education, such as the guidelines for "Signature Status" established by Audubon International's document entitled, Sustainable Resource Management Guide for Golf Courses. 128-1 CONSERVANCY Of Southwest Florida Position Statement Criteria for a PUD Outside Urban Boundar?' Along a Designated Irnmokalee Road Corridor July 18, 1997 The Conservancy is on record as opposed to PUDs outside the urban boundary,, primarily because of our concern that such PUDs would promote urban sprawl. We continue to have serious concerns about how a PUD might affect growth and urban sprawl. Following exhaustive study o£this issue, we remain opposed to a PUD outside the urban boundary unless the Collier County Comprehensive Plan and Land Development Code contain the following criteria that set a high standard for such growth: An lmmokalee Road corridor shall be designated on the Future Land Use Map as a rural residential clustering subdistrict in the agriculturaL'area land use designation. PUDs shall be required when utilizing this subdistrict. This area v, ould stretch from the current eastern urban boundary line east to the TwinEagles project along lmmokalee Road and to the north to the Corkscrew Regional Ecosystem Watershed (CREW) Trust boundary. Under no circumstances shall a project develop more than 50% of existing n~tural areas' on the project site. Furthermore, any development of any existing natural areas within the project must be compensated for with the purchase of CREW Trust lands at a ratio of 2:l or greater. Ratios higher than 2:1 are necessary for impacts in highly sensitive areas. Determination of an appropriate ratio should ~:ollow guidelines such as South Florida Water Management District's Environmental Resource Pe'~nit rule. In addition, at least 50% of the gross acreage of each project must consist of natural areas with native vegemtlon. Projects may meet the 50% standard through onsite enhancement or restoration. Projects may also meet the 50% standard ~rou.r..h purchase of CREW Trust lands, as described in items 3C, 3D. and 3E bclo~. A. Eligible acreage (areas of a minimum of 0.2 acres in size): · natural areas preserved on site · enhanced or restored wetlands or uplands · re-created uplands or wetlands on existing agricultural/disturbed areas · 10% of constructed lake areas (credit for littoral zones) · 100% of natural lakes and streams · natural areas used for passive recreation such 2s kiking or equestrian trails · An acceptable definition of"narural areas" can be developed :hroug.h u~ of criteria established by Department of Transportation's Florida La~d uae. (.'over and Forms Cla.,srtication System. the Flo~ida Natural Areas Inventory, classification ~'stem. or other source. ' ' 't2B-1 ' · residential or common areas planted with 100% native vegetation in groupin~ or contiguous with natural/preser,,'ation areas Ineiigible acreage (although typically considered open space): · golf courses, tennis courts, basketball courts, clubhouses, and other active recreation uses · 90% of constructed lakes · mowed common areas · mowed residential areas and turf grass · residential areas planted with any exotics · roads, sidewalks, entire parking areas, paved areas, and medians A project site that initially has less than 50% of its gross acreage in natural areas {for example, sites with large area~ of disturbed land, agricultural fields, etc.) may me~. the 50% criteria with purchase of lands in or adjacent to CREW Trust at a l:l ratio and provide for restoration and perpetual maintenance. D. Direr payment for acreage may be made to CREW Trust according to the South Flc~da Water Management District's Schedule of Mitigation Costs. E. Less than fee simple methods of preser,,ation (e.g.. conservation easenaents) of CREW Trust lands may be used to fulfill requirements in 2 and 3C. Such stra:,--gies must also provide for restoration and perpetual maintenance. Preser',,atien areas must be connected throughout the project Io the greatest extent possible. Preser"vatien areas must be connected to any existing corridors outside of the project. The maximum density of one unit per five acres shall be maintained. Compact clusterine must be utilized to the .m'eatest extent possible. - A plan shall be prepared and filed with the County for maintenance of the viability of the natural area preserves on site. The natural hydrology oflhe preserve areas shall be maintained and/or restored. A rnanagem, ent plan shall be developed and filed with the County for wide-ranv, ing species. addressing t;':e following: ' · A plan :o address potential conflicts between humans and wildlife (e.g.. bears roaming th, toug.h residential areasl, including animal relocation policies. · The ap.rropriate use of fences, walls and other obstructions to encourat, e wildlife to use nar;ral corridors. ' · An education pro~am that in~'brms potential and existing residents about coexisting v. ith v.i!dlife in the area. Safe highv, ay and roadwa.', crossings for wildlife must be addressed. 9o I0. The Homenwners Association shall include in the d~ed restrictions subscription to Universi~ of Flod~'s Flori~ Yards and Neighborhoods program ,~,'hich is ~n ~uc.~tic~ program that encourages voluntary measures to address residential storm~a:~ rur,~ff ar.d desi~ and main~ance of environmentally-friendly landscaping. A plan shall be prepared -',nd filed with the County providing for a golf course mar~agen'.¢nt and maintenance program that addresses habitat mhancernent, v, ildlife cons~,atien, v..,:~'. conservation, waste management, recycling, energy efficiency, appropriate u:e of pesticides and fertilizers, and education, such as the guidelines for ~Signature Status" established by Audubon International's document entitled. Sustainable Resource Management Guide for Golf Cour.~es. The Collier County Comprehensive Plan and Land Development Code must ~¢ amended :o include these legislative and environmental criteria. Rern~rk.~ to Counr~ Commission re: TwinEag. les Urban sprawl seriously jeopardizes our environment and quality of life. both here in Collier County and around the nation. In its Initial Report to the Governor and the Cabinet. The Governor's Commission for a Sustainable South Florida says the following about urban sprawl: Rapid population growth and sprawling development patterns are leading South Florida down a path toward wall-to-wall suburbanization. The proliferation of urban sprawl.., is swallowing up undeveloped areas in the region at an alarming rate. · Without significant reforms. South Florida will continue to grow at the expense of its environment and economy. Today's decision on the proposed TwinEagles PUD will, in effect, establish an important precedent a~ut the future of Collier County. It is for this reason that The Conservancy has devoted the past several months to intensive study and discussion on this issue. The Conservancy is on record as opposed to PUDs outside u~.e urban ~undary, primarily because of our concern that such PUDs would promote urban sprawl. Following exhaustive study of this issue, we remain opposed to a PUD outside the urban boundary u~ the Collier County Comprehensive Plan and Land Development Code contain language specifying a rigorous set of criteria that set a high standard for non- urban PUDs. Such criteria must he sensitive to both environmental conservation concerns and the problems of urban sprawl. That The ConserYancy would not oppose certain PUDs outside the urban boundao.' is based on our assessment ttmt. over time. growlh will continue to occur outside the urban According to the Governor's Commission Initial Report, by 2010. a little more than 12 years fi.om today, the population of Collier County will be double what it was in 1990. We are all witness to the fact that this dramatic growth is indeed impacting both our urban and non-urban areas. The question is. what exactly is :he fate of lands outside the urban boundary, over the next I0. 20.40 years? I think we're already seeing the answer to that question. A ~eady ~ream of ranchettes continues to sprout up. Most disconcerting, however, is the recent orv;,Lnous appearance of Cypress Creek Farms. a rural equestrian subdivision located ': seztion directly south of TwinEagles. Under existing zoning law. this development x~ iii l:e car', ed into 5-acre plots with virtually no conse~'ation areas. It is therefore not a question of/f growth will occur outside the urban boundary, but what kind of growth will occur. We believe our common mission should be focused on how can we best guide growth. Is there an alternative to the ,type of growth outside the urban boundary, that would otherwise occur? Our research tells us that PUDs, by providing for clustering, can provide better environmental benefits than traditional 5-acre ranchettes. * Cluster development is widely cited by planning experts as a mechanism that can help prevent traditional urban sprawl while providing for conservation areas. The Governor's Commission discusses the environmental benefits of clustering in its Initial Report. The report's discussion of Collier County states, "Unfortunately. development outside the [urban] boundary, designated at I dwelling unit per 5 acres, is prohibited from clustering." Over thc past few months, we have been working with other environmental organizations and land planning experts fi.om around the country. We have also met numerous times with TwinEagles developers and consultants. As a result, we have established a rigorous set of criteria (for PUDs along a defined lmmokalee Road corridor outside the urban boundary,) that are both meaningful and achievable. Our criteria: · otter significant protection to the environment and water resources · clearly differentiate an urban PUD from a non-urban PUD · are sensitive to human settlement in a wilderness area mitigate many ofthe negative aspects ofurban sprawl · and represent a better alternative to what would otherw'ise occur. Our criteria include the following: An lmmokalee Road corridor s}uall be designated on the Future Land Use Map as a rural residential clustering subdistrict in the agricultural/area land use designation. PUDs shall be required when utilizing this subdistrict. This area would stretch fi'om the current eamern urban boundar?' line east to the TwinEagles project along lmmokalee Road and to the north to the Corkscrew Regional Ecoa'stem Watershed (CREW) Trust boundary. Undcr no circumstanccs shall a projcct develop mom than 50% of existing natural areas on thc project site. Furthermore. any development of any existing natural areas within the project must be compensated for with the purchase of CREW Trust lands at a ratio of 2:l or greater. 3. In addition, at least 50°,/o of the gross acreage of each project must consist of 12B-1 "' natural areas wiuh na;!,.'e vegetation. Projects ma.',' meet the 50% standard through on.site enhancement er restoration. Projects ma,,' also meet the 50% standard through purcha_~ of CREW Trust lands. We haxe establish, ed detailed criteria lbr eligible acreage, including natural areas, evhanced or restored v,'etlands or uplands, etc. but excluding golf courses, mox~,'ed common areas, residential areas planted with exotics. Preservation areas must be connected throughout the project to the greatest extent possible. Presc~'ation areas must be connected to any existing corridors outside of the project. The maximum densi:?' of one unit per five acres shall be maintained. Compact clustering mu_st be utSized to the greatest extent possible. A plan shall be Frepared and filed with the County, for maintenance of the viability of the natural area preserves on site. The natural hydrology of the preser,.'e areas s?'.all be maintained and Jot restored. A management plan sknll be developed and filed with the County for wide- ranging spec!es, ad&essing such issues as conflicts between humans and wildlife. and safe high~a:.' crc:sings. The Homeo:~ne:-s A~ociation shall include in the deed restrictions subscription to the Universiv..' of FIo.-.'da's Florida Yards and Neighborhoods program. A plan shall be l:repa.'ed and filed with the Count.,,' providing for a golf course management and maintenance prograrm such as the guidelines for "Signature Status" establisked [-? Audubon International. I0. The Collier Co ,u::ty Comprehen.sive Plan and Land Development Code must be amended to include ti.ese legislative and environmental criteria. ........... -v---,~_- J-- -.~__ W---~O~ The Conservancy will not oppose a PLT) { including Tv,'inEagles) that meets these criteria, assuming such criteria are incorpor"~ed into :he Comprehensive Plan and I.and Development Code. Please note. howexer, teat tlc language used in our criteria was developed to represent general concepts. F:',-.al '-.,~ng,.:age must be developed by County staffand attorneys to~ ensure clarity and ~-" o ": .' ' ' .... orc.aN..t~. We believe that T~mEag_les represents only the first of many decisions Collier Count.,,' must make about PUD dexe'.c, pment and urba,~ spraxvl outsicJe the urban N)undary. Whatever the outcer::e c :'tocay's decision, we would stronulv encouraue a Count,,' Workshop Io re'.'ie'a t~is cri::cal issue as we move tbrward."'I:he Conservancy wo~ld be happy to off'er its s:a:T. :'zcil!:!es and resources to organize and conduct such'a workshop. ~2B-1 Thank you for your comideration of our concerns and ideas on this important issue. I I I I I I I R. Bruce Anderson Tasha O. Buford David B. Erwin David P. Hopstetter C. Laurence Keesey Andrew I. Solis Kenza van Assenderp George L. Varnadoe Roy C. Young Wi]flare J. Roberts YOUNG, VAN ASSENDERP & VARNADOE, P.A. 1 ~ E~ - 1 ~' ATTORNEYS AT LAW Reply to: Naples Galfie'e Hall 225 South Adams Street, Sullo 200 Poet Office Box 1833 Tellahessee, Florkle 32302-1833 Telephone (850! 222-7206 Telecopler 4850) 661-6834 SunTrust Building 801 Laurel Oak Drive Suite 300 Post Office Box 7907 Naples, Florida 34101-7907 Telephone {94,1) 597-2814 Telecopter 19411 697-1060 I I I HEARING EXHIBIT BOOK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS JULY 22, 1997 I I I I I FOR TWINEAGLES GOLF & COUNTRY CLUB PLANNED UNIT DEVELOPMENT Petitioner, Ultimate Land Trust In Re: Petition PUD-97-3 Petition A-97-3 Petition A-97at Petition A-97-5 I I I I Prepared By Counsel for Petitioner: R. Brace Anderson, Esq. Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941)59%2814 12B-1 I ! I I I I I I I I I I I I TWLNEAGLE-S PLANNED UNIT DEVELOPMENT EXHIBIT BOOK CONTENTS 4. 5. 6. 7. 8. 9. Summary of PUD and copy of PUD Master Plan. Public Record, Traditional Five Acre Lot Grid Development Pattern Permitted Under Existing Agricultural/Rural Zoning District: March 1997 Clearing permit for Rural Equestrian Subdivision (located half section directly south of TwinEagles PUD). Excerpts of Collier County Comprehensive Plan: Future Land Use, Conservation, Potable Water and Sanitary Sewer Elements: 1989 Urban Boundary Study Support Document. Excerpts of Collier County Land Development Code: Rural Agricultural District; Farm Labor Housing; Essential Services. Map of Collier County Regionally Significant Natural Resources for Northern Area of County with * denoting TwinEagles PUD Location. Map of Collier County Wildlife Corridors In Relation To TwinEagles PUD Location; Corkscrew Regional Ecosystem Watershed (CREW) Map of Lands Owned or Proposed for Acquisition Under CREW Program: . Department of Environmental Protection letter concerning septic tanks and wells; Utility Agreement and Amendment between Collier County Commission and Orangetree Utility Company. Laws and Documentation concerning Appeals of Administrative Interpretations; Excerpt from Collier County Special Act, Chapter 67-1246, Laws of Florida, codified as Chapter 25(3-58 of Collier County Code of Laws and Ordinances; Collier County Land Development Code, Division 1.6.; Request for Formal Interpretation of Rural PUD, Formal Interpretation Response and Correspondence Related Thereto. Resumes of Expert Witnesses: Geza Wass de Czege, Southern Biomes, ElS, (Wildlife Biologist): Dwight H. Nadeau (Land Use Planner); William C. McAnly (Water and Sewer Utility Engineer). 2 eirnpact'~hibks Ist I SUMMARY OF TWINEAGLES GOLF AND COUNTRY CLUB PUD I I I I I I I I I I Location, Adjacent and Surrounding Area Uses TwinF_.aglcs is in an isolated pocket of Comprehensive Plan designated Agricultural/Rural lands surroundcc2 on three sides by Comprehensive Plan designated Urban and Estates lands, which allow from twice to twenty times as much density as TwinEagles. As contrasted with most Agricultural/Rural designated lands in the County, TwinEagles property lays west of the Estates designated lands. The PUD property is within 3 1/2 miles of public schools, a fire station, an emergency medical services facility and two utility providers (Orangctree and Collier County). The PUD has direct access to Immokalee Road, a Comprehensive Plan designated Arterial Roadway. There is existing residential development in the surrounding area on Estates and Agricultural lands. TwinEagles abuts non-agriculturally developed lands along both its eastern boundary (Estates) and its western boandary (B, 3nita Bay Golf Course). Permitted PUD Uses and Density All of the uses and density requested in the TwinEagles PUD are uses and density allowed as a matter of right, without any other zoning approval, under the existing zoning. The existing zoning permits the property to be developed with mobile homes, as well as single family residential golf course communities such as TwinEagles. The only difference between what is already allowed and TwinEagles PUD is reduced lot size and the desirable results thereof: reduced roads, increased open space, and preservation of native habitat areas. 275 single family homes on 1375 acres (1 unit per 5 acres) with bomesites ranging from .8 acres to 2.5 acres and limite6 to 298 acres of already heavily impacted pastureland on the north side of Immokalee Road. I I ! I I I Native 1. Vegetation/Natural Areas and Open Space The County Land Development Code requires only 25% of existing native vegetation to be retained on-site. TwinEagles retains 99% of existing native vegetation. At the request of Conservancy of Southwest Florida, TwinEagles has agreed to require that at least 50% of each side yard setback area be planted with native vegetation, an improvement over current farm field conditions that will yield + 17,500 square feet of new native habitat on typical one acre lot. Additionally, at the request of the Conservancy, TwirLF_.agles has agreed that 50% of the total acreage of the PUD must remain or be restored with native vegetation/natural areas either on-site or through the purchase and dedication of CREW lands off-site. The County Land Development Code requires 60% of the area of a residential PUD to be set aside as open space including golf courses. TwinEagles meets and exceeds that requirement with more than 65% open space excluding golf courses. I TwinEagles Golf & Country Club ir, PUD GROSS DENSITY D.U./5 AC. · 13"/4~.~.. 27S D.U. SECTIONS 17.20,29 & 30 LAIVD USE ALLOCATIONS TRACT *A' R~,SIDKNI"lX~31OeACR~ T'R~CT 'CR' CO),~/O~3\RECR~ATION: ?sg*- ~CRF~ TRACT "p' {:'T-,:~s~:~v]~. 3o5., ACR.P~{ EXHIBIT "A" TWP. 48S.'RNG. ?7E. I SOUTHWEST QUADRANT · COLLI£R COUNTY. fLCRIDA i'~ .~'~,~~:~,, ~ ..,,= -- : ~1~~4~TM -,.. ,,:~..~ _~ . I I I I I I I ! I I I I I I I I m i COLLIER COUNTY COMMUNITY DF.V. & £NVIRONMENAL $¥CSo DM$IO5 PLANNING SERVICES DEPARTMENT 2 ~ -- CURRENT PLANNING SECTION Agricultural Clearing Permit No.~ Effective Date: Expiration Date:~ of the property located at i:) ) . ~ .. ~. ,~. . ' a - /~. (legal description and eneral iocati6n) to remove protected vegetatio_nj_n a,,c~'~rdance with.the attached site plan (dateg~l and marked and approved by 'Staff on = ~/__~.,~/f-~') and t. ne following conditions, per Collier County Land Development Code, Division 3.9, as amended, with specific refe~:ence to Section 3.9.6.5. GENERAL CONDITIONS 1. This permit must be kept on site, and be available for inspection by County, State, and Federal officials. 2. This permit does not obviate the owner/agent from obtaining required permits of County, S'ate, and Federal jurisdictional agencies. 3... Within two years of the date of this permit, the owner/agent shall put the property into bona fide agricultural use. · 4. The owner/agent is aware that the Collier County Board of County Commissioners will not rezone the proper'o' referred to by this permit, for a period often (10) years from the date of permit. 5. The owner/agent is required to remove exotics on this property and maintain the property exotic free. 6. 'I his permit is valid for five (5) years and may be automatically renewed for five (5) year · periods providing that a notification in writing is forwarded to the Development Services ~,..Director at least t~.~y..(30,) bu't r{ot ~ore tha~ one hundred eighty (lg0) days prior to the expirition of the exis~in'g' pc'trait' ~n'd l~r$'~idi~g that the property has been actively engaged in bona fide agricultural activity in accordance with the requirements of Section 3.9.6.5.1 of this Code i%p..4_providing that the applicant is in compliance with any and all conditiorm and/or stipulations of the permit. 7.If any ckange~ of the conditions in the application or permit are anticipated, another application shall be ~bmitted. Deviations from the permit conditions shall cause to void the Agricultural Clearing Permit. .. :,. fi°9? SPECIFIC CONDITIONS ' 1. Vegetation shall be removed by the following method: ,,,~,¢-.,¢v5'. - ' ?;,'- 2. Vegetation permitted for removal shall be distinguished by: _l Idi155 o,c C~'/;,~$'6~'' "-.~: 3. Vegetation to be pre~eg~d shall be protected by: barricades , fencing . hay bale$ , other ~ (check one) methods that shall be placed no closer than the drip line in the ~ of trees. 4. F..xempti:)n$ as deft. ned under Land Development Code Section 3.9.6.5.6(2) shall apply to this permit, urder~ otherwise stated. I I I I I I I I I I I I I Agricultural Clearing Permit No. ~ Effective Date: Page 2 Expiration Date:.~ffz~-/.~l~ 5. RI El ' . t/Vt (Wetlands, v, dldlife issues, etc.) ~ Current Planning Staff Date .... '"' .... "~,C~;?;2" ..... " ...... '"" ..... '"""'""'"'"'"'"'" Authorized Agent Prope~y Owner ~ Addr~s ~ IF F C ~1 ' Address/9 g Y- · ' Phone Vql ' - I have read and unde~tand Collier Coun~ Land Development Cod~ Division 3.9, as amended, specifically Section 3.9.6.5 and the above conditions to Pe~it gACP-_ - I agree to the conditions of this permit. Ov~erlAgent --"-- Da(e ' e~,q':~m'mlt Fom~s-~xi~ulmt'al C~atinl p~r~i~ I l I I I I Planning Development Incorporated Development Consultants, Planners & Designers 12B-11 I I 2523 River Reach Drire Naples, Florida 34104 941 / 263-6934 Fax: 941 / 263-6981 TRANSMITTAL SHEET i I I I Date: To: R~: Sender: ]anua7 24, 1997 Steve Lenberger- Environmental Specialist, Project Plan Rm~im~ Collier Caun{y Community Development Department 2800 Horseshoe Drive North Naples, Florida 34104 North Naples Rural Equestrian Communi{y: Clearing Permit PDt PN 96.010~2 ...... Michael Fernandez, AICP I I I I i ! I Per our previous conversations and pre-application meeting, please accept the attached 4 sets of support documents for a clearing permit for the proposed "rural subdivision". The proposed subdivision is exempted from the LDC's subdivision permitting and platting requirements. The subject property yields 46 - $ acre lots and an Entry/Common Area Tract of approximately 8.9 acres. The requested permit provides for the clearing of 45 of the site's 238.9 acres to provide future vehicular access (60 foot wide section/easement) and to provide pedestrian and equestrian access (30 foot wide section/easement). Easements follow tract grid lines and shall be field located by surveyors under supervision of the owners identified representative. No grading of the site will be made under the provisions of this permit. !2B-1 I I I I Fee amount was calculated as follows: $85.00 for the first acre = $ 85.00 total application fee = $ 1,977.00 I i I I ! Skip Bergrnann of the ACOE is processing the project's Nationwide 26 permit for the less than 3 acres of wetland which were identified and verified through field observation on his visit of December 13, 1996. Susan Davis of SFWMD also attended on December 13, 1996 and claimed an area less than one-half acre of wetlands. These identified areas will not be impacted by the proposed clearing limitations of this submittal. Upon receipt of the appropriate permits from these agencies, we will submit a clearing permit for those grid line easements which were not requested in this submittal. ! I I I Please do not hesitate to call should you have any questions or require additional information or exhibits or should you wish to make a site visit. The site has a perimeter clearing adiacent to the enclosing fence. The entry is gated and cattle are maintained on site. The landowner is mobilized and ready to commence clearing and your aid in the timely processing of this permit is most appreciated. Thanks in advance for your assistance. I I I i I I - Application Fee of $1,977.00 (PDI Check No. 1153) I - Copies of Record Deed / Proof of Ownership I - Copies of Wetland lurisdictional Line Establishment Support Documents. 4 - Site Aerial w/Vegetation FLUCCS Overlay 4 - Two Sheet Set of Clearing Permit Drawings Identifying areas to be cleared and conditions and notes 5vhich are made part of the permit. i i I i I I I ! I I I i I I I I I i 12B-l OBJECTIVE 5: In order to promote sound planning, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. (IV) (VII) (IX) Policy 5.1: Ali rezonings must be consistent with this Growth Management Plan. Planned Unit Developments (PUD) approved prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re-evaluation Program will be permitted to make changes provided the amount of commercial land use, permitted number of dwelling units and the intensity of development allowed by the PUD (including impacts to roads, water, sewer, drainage, solid waste and parks) are not increased. Changes to residential zoning districts which constitute a reduction in density will also be permitted. Policy 5.2: Ail proposed development shall be reviewed for compliance with the Comprehensive Plan and those found incompatible shall not be permitted. Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by confining urban intensity develop- ment to areas designated as Urban on the Future Land Use Map and by requiring that any changes to the Urban Designated Areas be contiguous to an existing Urban Area boundary. Policy 5.4: New developments shall be compatible with and complimentary to the surrounding land uses. Policy 5.5: Encourage the use of existing land zoned for urban intensity uses before permitting development of other areas. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing zoned land before servicing other areas. Policy 5.6: Permit the use of cluster housing, Planned Unit Development techniques and other innovative approaches to conserve open space and environ- mentally sensitive areas. Amend the zoning and subdivision regulat- ions as necessary to allow innovative land development techniques. Policy 5.7: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demo- graphic data shall be based on Planning Communities and commonly recognized neighborhoods. (VI) Policy 5.8: Group Housing which may include the following: Family Care Facility, Group Care Facility, Care Units, Adult Congregate Living Facility and LU-I-19 (XII) = Plan Amendment 95-1 adopted by Ordinance 95-12 on March 14, 1995 Doc. Ref: 1830/MA/GM I I I I I I I I I I I I I I i I I I i2B-ll (X) The boundaries of the Urban Industrial District are transitional; therefore, the uses along their perimeters must be compatible with non-industrial uses. All industrial areas should have direct access to an arterial or collector. In addition access may be provided via a local road that does not service a predominately residential area. It is possible that due to changing conditions within the County, there may be a need for additional industrial land. These conditions may include build-out or lack of future services and facilities for current sites. New industrial land use may be approved outside of the Industrial District, however, the following criteria must be met: the rezone shall be in the for~ of a Planned Unit Development; the proposed site must not be "spot industrial" and therefore must be adjacent to existing land designated or zoned industrial; the proposed land use must be compatible with adjacent land uses; and, necessary infrastructure including an internal road network and central water and sewer must be provided or in place. In addition, non-contiguous industrial use may be permitted in the Urban Designated Area under the criteria cited earlier. (VI) AGRICULTURAL/RURAL DESIGNATION The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore allowable land uses are of low intensity. A limited selection of land uses other than low density residential and agricultural will be permitted. Such uses include: essential services as defined in the most recent Collier County Zoning Ordinance; parks, open,space and recreational use; community facilities such as churches, cemeteries, schools, fire and police stations; utility and communication facilities; earth mining, oil extraction and related processing; asphalt plant as a Conditional Use as defined in the Collier County Land Development Code (Ordinance 91-102 adopted October 30, 1991), provided that the asphalt plant is compatible with surrounding land uses, is not located in a County, State or Federal jurisdiction wet- land areas and any required buffer zones, is not located within the Greenline Area of Concern for the Florida State Park System as established by the Department of Natural Resources (DNR) or within the Area of Critical State Concern as depicted on the Future Land Use Map, and is not located within 1,000 feet of a natural reservation; migrant labor housing as provided in the most recent Zoning Ordinance; travel trailer recreational vehicle parks providing that the following criteria are met - the site has direct access to a road classified as an arterial and the use will be compatible with surrounding land use. A. ~gricultural/Rural - Mixed Use District ~. ~ricultura~/Residentt~l SubdiStrict The purpose of this subdistrict is to protect and encourage agri- cultural activities while providing for low density residential use in outlying areas. Residential land uses may be allowed at a maximum density of 1 unit per 5 gross acres. 2- Commercial Under Criteria Within the Agricultural/Rural-Mixed Use District Commercial '' development may be allowed providing the following standards for LU-I-39 (XII) = Plan Amendment 95-1 adopted by ordinance 95-12 on March 14, 1995 Doc. Ref: 1830/MA/GM ! I I I i I I I I I I I ! ! I I I I ! 128-1 intensity of use are met: a. The project is 2.5 acres or less in size; Ds The project is no closer than 5 miles from the nearest developed commercial area, zoned commercial area or designated Activity Center (measured by radial distance); Ce The proposed uses are considered lowest order goods and services; de The project is located on an arterial or collector roadway; and The project is buffered from adjacent properties. (IV) u a - ndu t a s r The Industrial Land Use District is intended for industrial type uses and shall be reserved for that. Intensities of use shall be those related to light manufacturing, processing, storage and warehousing, wholesaling, distribution and other basic industrial uses as described in the Zoning Ordinance for Industrial and Light Industrial Zoning Districts. The boundaries of Industrial Districts are transitional; therefore, the uses along their perimeters must be compatible with non-industrial uses. All industrial areas should have direct access to an arterial, collector or local road that does not service a predominantly residential area. (IX) It is possible that due to changing conditions within the County, there may be a need for additional industrial land. These conditions may include build-out or lack of future services and facilities for current sites. New industrial land uses may be approved outside of the Industrial District, however, the following criteria must be met: the rezone shall be in the form of a Planned Unit Development; the project shall have direct access to an arterial, collector, or local road that does not servi~e a predominantly residential area; the proposed site must not be "spot industrial" and therefore must be adjacent to existing land designated or zoned industrial; the proposed land use must be compatible with adjacent land uses; and, necessary infrastructure including an internal road. network and central water and sewer must be provided or in place. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpreting-this policy, oil and gas exploration, drilling, and production ("oil extraction and related processing") shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. c. Rural - settlement Area District ~. Sett~emeDt Area District Consists of Sections 13, 14, 23, and 24, Township 48 South, Range 27 East (the'f0rm~r'North G6iden Gate Sub~ivi~ion)~ whic~was-zDned and ' · platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this'property has be~n LU-I-40 (XII) = Plan Amendment 95-1 adopted by Ordinance 95-12 on March 14, 1995 Doc. Ref: 1830/MA/GM I I I I I I I I I I I I I I I I I I I 12B-1 ~ Policy 6.2.9= Wetlands, including transitional wetlands, shall be defined pursuant to the current definitions of the Florida Department of Environmental Regulation. Polioy 6.2.10: Any development activity within.a viable naturally functioning freshwater wetland not part of a contiguous flow way shall be mitigated in accordance with current South Florida Water Management District mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat. Policy 6.2.11: For mitigation of freshwater wetlands outside of the Coastal area, first consideration shall be given to mitigation on site, followed by mitigation in the adjacent contiguous area, followed by mitigation in the same watershed, followed by mitigation in adjacent watersheds. Policy 6.2.12: For projects that require wetland mitigation an entity shall be designated responsible to monitor the compliance of the mitigation stipulation. Policy 6.2.13: Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre-development hydroperiod. Policy 6.2.14: Where appropriate, incorporate on-site freshwater wetlands into stormwater management plans in order to restore and enhance the historic hydroperiod and ensure the continuity of natural flow way. C-I-25 ! ! I I I I I I I I I I I I I I I # OBJECTIVE 1.2: The County will implement the following policies to make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities will be expanded as necessary to provide for future growth. # Policy 1.2.1: Continue the development of a Collier County Regional Potable Water System consistent with the capital Improvement element to correct existing deficiencies and provide for future growth. Policy 1.2.2: Consistent with the urban growth policies of the Future Land Use element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Policy 1.2.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, require to the extent of the County's authority private sector potable water service utilities, establish and file with the County a statement of their policy and criteria, consistent with the goals, objectives and policies of this Plan for the expansion, replacement, and/or repair of their facilities to correct existing deficiencies and provide for future growth within their respective service areas. # Policy 1.2.4: Permit development of potable water supply systems or individual potable water supply wells within the County only on an interim basis when connection to an existing central system is not readily accessible to render service and require connection to the County Regional System when available. Policy 1.2.5: Continue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Connections to a central system shall be made pursuant to Collier County ordinance 88-4. # Policy 1.2.6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, water service shall be connected # Amended May 19, 1992 PW - 72 ! I I I I I I I I I I I I I I I I I I 12B-lt # OBJECTIVE 1.5= The County will discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. # Policy 1.5.1: Discourage urban sprawl by permitting central potable water systems only in the Designated Urban Area of the Future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. # Policy 1.5.2: The County will discourage urban sprawl and the proliferation of private sector and/or package potable water treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities. No existing private sector or potable water treatment systems will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits. # Amended May 19, 1992 PW - 79 I I V. GOALS OBJECTIVES AND OLICIES ! I GOAL 1: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE SANITARY SEWER FACILITIES ]%ND SERVICES I I I I I I I I ! I $ OBJECTIVE 1.1: The County will implement the following policies to make certain that public and private sector sanitary sewer service utilities provide, repair and/or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiencies in their respective service areas, as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector sanitary sewer service utilities will be expanded as necessary to provide for future growth. $ Policy 1.1.1: Continue the development of the Collier County Regional Sanitary Sewer system consistent with the Capital Improvements element to correct existing deficiencies and provide for future growth. Policy 1.1.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to the service areas shown in this Plan and to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Policy 1.1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, the County will establish and implement a program requiring that private sector sanitary sewer service utilities establish and file with the Collier County Utilities Division an annual statement of their policy and and service criteria, including level of service provided, consistent with the goals, objectives and policies of this Plan, for the expansion and/or replacement of their facilities to correct existing deficiencies and provide for future growth within their respective service areas. I I I I # Policy 1.1.4: Permit development of package sewage treatment plant systems only within the Designated Urban Area of this Plan only in areas where County wastewater service is not currently available, and allow same only on an interim basis until said County service is available. Allow individual septic systems within the County only when connection to an existing central system is not readily accessible to render service and note that where septic systems are allowed, and future County # Amended May 19, 1992 SS - 105 I I I I I I I I I I I I I I I I I i I 12B-1, sewer service becomes available, said septic systems will be required to conrect to the County regional system. policy 1.1.5: Continue enforcement of ordinances requiring connection of existing and new development to central sanitary sewer systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 88-4. Policy 1.1.6: By January 1, 1990, review existing criteria and regulatory framework for septic tank installations and determine the suitability of same for Collier County; by December 31, 1990, implement local ordinances regulating septic tank installations if above review indicates need to do so. Policy 1.~.7: The County will give planning and budgetary priority to regional sanitary sewer system projects which will provide the means for phase out and connection of existing package sewage treatment plants and areas of high concentrations of septic tanks where such facilities may reasonably be expected to adversely affect public health and safety or the environment. # Policy Where Community Development Districts, or similar special districts are established to provide a tool for developers to finance infra- structure or other purposes, wholly or partially within the Collier County Water-Sewer District, sewer service will be connected to the regional system, and all facilities shall be conveyed to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance 88-76; the Utilities Standards and Procedures Ordinance, adopted September 27, 1988. ~ A~ended May 19, 1992 106 I I I I I I I I I I I I I I I I I I I 12B-11 $ OBJECTIVE 1.5: The C~unty will discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. $ Policy 1.5.1: Discourage urban sprawl by permitting central sanitary sewer systems only in the Designated Urban Area of the Future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. $ Policy 1.5.2: The County will discourage urban sprawl and the proliferation of private sector and/or package sanitary sewer treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities. No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits. Amended May 19, 1992 SS - 113 I I I i I I I I I I I I I I ! I i I I APPENDIX D URBAN BOUNDARY STUDY PRI~ENTgD TO THE BOARD OF COLLIER COUNTY COMMISSION'ERS GROWTH PLANNING DEPARTMENT DF_.CEMBEP. g. lgM AREA ,RE,~ 0 1 MI. 2 MI. I I I I I I I ! ! I I I I I I I I I I VI. KECOM]4ENDATION 12B- 1" A. Residential Density Throughout the ~wo year growth management planning process, County staff has consistently recommended the deletion of these two study areas from the Urban Designated Area. After analyzing existing conditions, problem issues and policy alternatives for each of these areas, staff stands by the original recommendation with minor modification. This study has indicated a need to prevent public harm and untimely infrastructure expenditures. Those land that are presently zoned Al/A2 should not be allowed to apply for rezoning to a more intensive urban land use until such time it is appropriate. /he initial recommendation was that these lands be designated rural (see map 12). This report recommends slightly higher density in Study Area One (map 13). Lands presently rezoned to urban uses should remain, however, not be allowed to intensify over existing approvals. The underlying concepts for these recommendations are as follows: I. Study Area Ore - "951 Fringe" a.) Contain urban sprawl. 55 I ,,~ ~, ' E ENSIT'~[ RECC MM'ENI)Aq:IO~ IS . ~ I __ ~ .... PROPOSED URBAN BOUNDARY ~ · ~~ OLD URBAN BOUNDARY ' ~ 1 UNIT/5 ACRES .. LI ~,. ,_. ' X ~ALC ' '~ ' ~ 0 1 MI. 2 MI. I I I I I I I ! I I I I I I ! I I I I I ! I I ! I I I I I Il I I I I I I b.) c.) d.) e.) 12B-l~ The water transmission line running along CR 951 would still be available to those on either side of the waterline. It was financed by property owners along the l£ne contributing their prorate share, $18.11 per foot to serve themselves and the southern portion of the district and not intensive development to the east. Central sewer treatment facilities are not expected to be expanded into this area until after 2005. /here are other more urbanized areas that need public facilities. The large capacity of the Urban Designated Area. Public facilities planning time frames are at 10 years for all facilities except roads where a 2015 plan for the Western Coastal Urban Designated Area. The capacity has been estimated to be 317,200 dwelling units and will build-out around 2050. Area is within hurricane SLOSH 2 zone. The area is highly vulnerable to property damage and loss of lives. 57 I I I I ! I I I I I I I I I I I I I I f.) g,) h.) i.) 12B-1 The suitability of soils to support a low-density concentration of septic tanks and potable water wells without long-term adverse effects on the human population or the supporting environment. Intensive development would require millions of dollars worth of public water management improvements. A density of 1 unit per 2.5 acres would reduce the amount of impervious surface and lessen the impact of adding fill to grade the lot in effecting habitat and aquifer quality. This would reduce the need of costly public improvements to existing water management facilities. The adverse impact of intensive development east of CR 951 would be greatly lessened to protect the integrity of the roadway as a major north-south corridor and an important hurricane evacuation route. Lessen the impact to the natural resource systems by providing open space and habitat, conservation of wetlands and preserving natural flow-ways to ensure aquifer quality. 58 I I I I I I I I I I I I I I I I I I I J.) 12B-1~ There has been minimal rezoning activity, the land ownership patterns are between 5 acres and 1,300 acres. Clustering of homes should be allowed and encouraged to provide open space, concentrate private centralized public facilities and protect environmental sensitive areas. Study Area Two - "Southeastern Tail' a.) Containment of urban sprawl. This area is between moderate density (4-6 units/acre) and the edge of public lands owned for preservation. Including this area as urban would promote urban sprawl in unsuitable areas, "stretching-out" and necessitating expensive public facilities. b.) US 41 is the sole transportation corridor to serve this study area. It is an intricate part of the transportation network and a vital link for hurricane evacuation. The character of development and other physical constraints along the existing US &l corridor, limit opportunities to provide another major access through this area. 59 ! ! ! I I I I I I I I I ! I I I I I I c.) 12B-1 Intensive urban development would require extensive and expensive water mana§ement improvements. A rural density would greatly reduce the amount of impervious surface and lessen the impact of adding fill to §fade lots. This would reduce the need for costly public improvements to existin§ water mana§ement facilities. d.) Almost all of Study Area Two is within the FEMA's 100 year floodplain. e.) Area is within hurricane SLOSH 1 and SLOSH 2 zones. The area is highly vulnerable to property damage and lOSS of lives during major storm events. f.) Lack of new or expanded potable water supply and sewer treatment facilities. Need to focus public facilities in more urbanized areas with readily available services. The suitability of soils to support a low-density concentration of septic tanks and potable water wello without long-term adverse effects on the human population or the supporting environment. 6O I I h.) Lessen the impact to the natural resource systems by providing open space and habitat, conservation of wetlands and preserving natural flow-ways to ensure aquifer quality. I I I I I I I I I I I i i.) There has been minimal rezoning activity, the land o,~nership patterns are between 5 acres and 1,300 acres. Clustering of homes should be allowed and encouraged to provide open space, concentrate private centralized public facilities and protect environmental sensitive areas. DensiTy AlternativR It if is the desire of the Commission to have a "transitional" zoning pattern, it is staff's recommendation that two densities be permitted. The first be a maximum of 1 unit per 2.5 acres and the geographic limit be to Study Area One and two areas within Study Area Two. These two areas are adjacent to the western boundary of the study area (see Map 13). The second density is not transitional in nature. Rural density of I unit per 5 zcres is strongly recommended for the I I 61 i I i I I I I I I I i I I I I I rema£nder o~ :he s:udy area which Es sou:heastern pot:ion of Study Area Two. The same reason[ns applies Co :his sec of al:erna:ives as co the ortg£nal reco~enda:£on o£ urban dele:ion. 62 12B-1 I I I B I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I ! lZB-1 ' Affordable Housing There are a number of issues that hinder affordable housing within the two study areas. It is the recommendation of staff that an increase of density throu§h an affordable housing provision not be included within these two areas for the following reasons. The Density Rating System provides incentives for higher densities within the more urbanized areas that will encourage affordable housing developments in locations much closer to employment centers. Increased densities can occur through the provision of affordable housing (8 units/acre), residential infill of 10 acres or less (+ 3 units/acre) and proximity to Activity Centers (16 units/acre within the boundaries, + 3 units/acre within 1 mile; The rural area includes expansive agricultural land uses. Farm worker housing should be encouraged and permitted in these two areas. This applies to housing for permanent or transient farm labor and can be established exclusively for that purpose. Standards and density should be dictated by the Zoning Ordinance; 64 I ~2.2.1.4.4 COLLIER COUNTY LAND DEVELOPMENT CODE I I I I I I I i I I i ! I I I I 2.2.1.4.4. 3Iaximum height. 35 feet. 2.2.1.4.5. Maximum density. Not applicable. However, a maximum of two residential unit~ for use by golf course employees in conjunction with the operation of the golf course as described in the uses accessory to permitted uses may be allowed in the district. 2.2.1.4.6. Distance between structures. Not applicable. 2.2.1.4.7. Minimum floor area. Not applicable. 2.2.1.4.8. Minimum lot coverage. Not'applicable. 2.2.1.4.9. Minimum off. street parking. As required in division 2.3. 2.2.1.4.10. Lighting. The maximum height of lights shall be 25 feet except as otherwise provided for during the review and approval ora site development plan. Lights shall be located and designed so that no light is aimed directly toward property designated residential, which is located within 200 feet of the source of the light. 2.2.1.4.11. Landscaping. As required in division 2.4. 2.2.1.5. Signs. As required in division 2.5. lOrd. No. 92-73, § 21 Sec. 2.2.2. Rural agricultural district (A). 2.2.2.1. Purpose and intent. The purpose and intent of the rural agricultural district is to provide lands for agricultural, pastoral, and rural land uses by accommo- dating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wild- life resources of Collier County, are permissible as conditional uses in the A d/strict. The A distri~ corresponds to and implements the rural agricultural land use designation on the future land use map of the Collier County growth management plan, and in some instances, may occur in the desigmated urban area. The max/mum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the Collier County growth management plan. The maximum density permissible or permitted in a dis- trict shall not exceed the density permissible under the density rating system. The maximum density permissible in the rural agricultural district within the agricultural/rural district of the future land use element of the Collier County growth management plan shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. Permitted uses. The following uses are permitted as of right, or as uses acces. soo' to permitted uses, in the rural ag'ricu]tural district (Al. Permitted uses. 2.2.2.2. 2.2.2.2.1. 1. Single-family dwelling. Supp. No. I LDC2:12 12a 1: ZONING § 2.2.2.2.1 I I I i I i I I 2. Agricultural activities, including, but not limited to: crop raising; dair. yin~, horticulture; fruit and nut production; forestry; groves; nurseries; ranching;, beekeepin~ poultry and egg production; milk production; live- stock raisin~ and animal breeding, raising, training, stabling or ken- neling, and aquaculture for native species subject to State of Florida game and freshwater f~sh commission permits. 3. V~holesaJe reptile breeding and raising {non-venomous), subject to the follow~ ng sLandards: a. Minimum ten acre parcel size; b. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. 4. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries. 5. Conservation uses. 6. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. 7. Family care facilities, subject to section 2.6.26. 8. Communications towers up to specified height, subject to section 2,6.35. I i I ! Supp. No. I LDC2:12.1 I ! I ! I I I I I I ! I ! I I I i 2.2.2.2.2. ZONING §2.2.2.2.2 Uses accessory to permitted uses. 1. Uses and structures that are accessory and incidental to the uses per. mitted as of right in the A district. 2. Farm labor housing, subject to section 2.6.25. 3. Retail sale of fresh, unprocessed ag-cicultural products; grown primarily on the property and subject to a review of traffic circulation, parking, and safety concerns pursuant to the submission ora site improvement plan as provided ['or in section 3.3.5.1. 4. Packinghouse or similar agricultural processing of farm products pro- duced on the property subject to the following restrictions: a. Agricultural packing, processing or similar facilities shall be lo- cated on a major or minor arterial street, or shall have access to an arterial street by a public street that does not abut properties zoned RSF-1, RSF.6, RMF-6, RMF-12, RMF-16, RT, VR, MH, TTRVC and PUD or residentially used. b. A buffer yard of not less than 150 feet in width shall be provided along each boundary of the site which abuts any residentially zoned or used property, and shall contain an Alternative B type buffer as defined within division 2.4 of this code. Such buffer and buffer yard shall be in lieu of front, side, or rear yards on that portion of the lot which abuts those districts and uses identified in section 2.2.2.2.2(4)(a). c. The facility shall emit no obnoxious, t~xic, or corrosive dust, dirt, fumes, vapors, or ga3es which can cause damage to human health, to arfimal~ or vegetation, or to other forms of property beyond the lot line of the use creating the emission. d. A site. development plan shall be provided in accordance with divi- sion 3.3 of this code. 5. Extraction or carthmining, and related processing and production subject to the following criteria: a. The activity is clearly incidental to the agricultural development of the property. b. The affected area is within a surface water management system for agricultural use as permitted by the South Florida Water Manage- ment District. 6. Guesthouses, subject to section 2.6.14. 7. Private boathouses.and docks on lake, canal or waterway lots, subject to section 2.6.21. 8. Use ora mobile home as a temporary residence while a permanent single- family dwelling is being constructed, subject to the following: a. Receipt of a temporary use permit from the development services director pursuant to division 2.6.33, that allows for use of a mobile home while a permanent single-family dwelling is being built; LDC2:13 I I I I I I I i I I ] ! I I I ! I I I §2.2.2.2.2 COLLIER COUNTY LAND DEVELOPMENT CODE b. Assurance that the temporary use permit for the mobile home will expire at the same time of the building permit for the single, family dwelling, or upon the completion of the single-family dwelling, which- ever c~mes first; c. Proof that prior to the issuance ora final certificate of occupancy for the single-famiJy dwelling, the mobile home is removed from the premises; and d. The mobile home must be removed at the termination of the per- 9. Use of a mobile home as a residence in conjunction with bona fide agri- cultural activities subject to the fo]lowing: a. The applicant shall submit a completed application to the site de- velopment review director, or his designee, for approval of a tempo- rary use permit to utilize a mobile home as a residence in conjunc- tion with a bona fide commercial a~ricultural activity as described in section 2.2.2.2.1(2). Included with this application shall be a con- ceptual plot plan of the subject property depicting the location of the propos.~l mobile home; the distance of the proposed mobile home to all property lines and existing or proposed structures; and, the lo- cation, acreage breakdown, type and any intended phasing plan for the bena fide agricultural activity. b. The receipt of any and all local, state, and federal permits required for the agricultural use and/or to place the mobile home on the subject site including, but not limited to, an agricultural clearing permit, building permit(s), ST permits, and the like. c. The use ofthe mobile home shall be permitted on a temporary basis only, not to exceed the duration of the bona fide commercial agri- cultural activity for which the mobile home is an accessory use. The initial temporary use permit may be issued for a maximum of three years, and may, upon submission of a written request accompanied by the applicable fee, be renewed annually thereafter provided that there is continuing operation of the bona fide commercial agricul- tural activities. d. The applicant utilizing, for the bona fide commercial agricultural activity, a tract of land a minimum of five acres in size. Any prop- er'o, lying within public road rights-of-way shall not be included in the minimum acreage calculations. e. A mobile home, for which a temporary use permit in conjunction with a bona fide commercial agricultural activity is requested, shall not be ]ocatedcloser than 100 feet from any county highway right- of-way line, 200 feet from any state highway right-of-way, or 500 feet from any federal highway right-of-way line. 10. Recreational facilities that serve as an integral part of a residential de- velopment and have been designated, reviewed and approved on a site development plan or subdivision master plan for that development. Rec- reational facilities may include but are not limited to golf course, club- LDC2:14 I I I I I I I I I I I I I I I I I 2.2.2,3 Supp No 1 ZONING §2.2.2.3 house, community center building and tennis facilities, parks, play- grounds and playfields. Conditional u.,es. The following uses are permitted as conditional uses in the rural agricultural district IAI. subject to the standards and procedures estab- lished in division 2.7.4 I. Ex-traction or earthmining, and related processing and production not incidental to the agricultural development of the property. 2. Sawmills. 3. Zoo, aquarium, aviary, botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for normative or exotic species, subject to State of Florida game and freshwater fish commission permits. 6. Wholesale reptile breeding or raising (venomousl. 7. Churches and other places of worship. 8. Private landing strips for general aviation, subject to any relevant state and federal regmlations. 9. Cemeteries. 10. Schools, public and private. 11. Child care centers and adult day care centers. 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 2.6.35. 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities Icategory I and II); care units; and nursing homes, subject to section 2.6.26. 17. Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field devel- opment permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. 21. Retail plant nurseries subject to the following conditions: a. Retail sales shall be limited to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. h. The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. LDC2:15 I I ~2,2,2~ COLLIER COUNTY LAND DEVELOPMENT CODE 128 I I i I I I I I I I I I I I I I 2.2.2.4. 2.2.2.4.1 Supp No I 22. Asphaltic and concrete batch making plants subject to the following con- ditions: a. Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. b. The minimum site area shall not be less than ten acres. c. The site shall gain its principal access from a street designated collector or higher classification of road as designated by the future traffic circulation element of the growth management plan. d. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. e. The height of raw material storage facilities shall not exceed a height of 50 feet. f. Hours of operation shall be limited to two hours before sunrise to sunset. g. The minimum setback from the principal road frontage shall be 150 feet for operational facilities and 75 feet for supporting administra- tive offices and associated parking. h. An earthen berm achieving a vertical height of eight feet or equiv- alent vegetative screen with 80 percent opacity one year after issu- ance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. i. Compliance with all applicable ordinances of Collier County partic- ularly the Wellfield Protection Ordinance No. 91-103 [div. 3.16 of this land development code] and the Noise Ordinance No. 90-17 [Code eh. 54, art, IV']. j. The plant shall not be located: I1} Within the Greenline Area of Concern for the Florida state park system as established by the department of natural re- sources (DNR); 12} Within the Area of Critical State Concern as depicted on the future land use map; 13~ Within 1,000 feet of a natural reservation; 14~ Within any county, state or federal jurisdictional wetland area. 23. Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the rural agricultural district IAI. .~,fin~rnum lot arca. Five acres. LDC2:I6 I I I I I i I I I I I I I I I I I 2.2.24.2, 2.2.2.43. Minimum lot wtdth. 165. ~f~n~mum yard requirements. i Front yard. 50 feet. 2. Side yard 30 feet. 3 Rear yard. 50 feet. 4. Yard requirements for nonconforming lots of record. a. Front yard. 40 feet. b. Sideyard. Ten percent of the lot width, not to exceed a maximum of 20 feet on each side. c. Rear yard. 30 feet. 2.2.2.4.4. Minimum floor area. 550 square feet for single-family dwelling units. 2.2.[..4.5. Maximum height. 30 feet, except as provided in section 2.6.3. 2.2.2.4.6. Maximum density. One dwelling unit for each five acres. 2.2.2.4.7. Off-street parking. As required in division 2.3. 2.2.2.4.8. Landscaping. As required in division 2.4. 2.2.2.5. Sign.~. As required in division 2.5. lOrd. No. 92-73, § 2: Ord. No. 93-89, § 3; Ord. No. 94-27, § 3, 5-18-94; Ord. No. 94-58, § 3, 10-21-941 Sec. 2.2.3. Estates district (E}. 2.2.3.1. Purpose and intent. The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the Iow density residential, semi-rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County growth management plan, although in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the growth management plan or as provided under the Golden Gate Master Plan. 2.2.3.2. Permitted u~es. The following uses are permitted as of right, or as uses acces- sory to permitted uses, the estates diztrict 2.2.3.2. I. Permitted uses. I. Single-family dwelling. 2. Family care facilities, subject to section 2.6.26. Supp. No. I LDC2:17 §2.6.7.5.1 COLLIER COUNTY LAND DEVELOPMENT CODE I I I while the per~ons transported thereby are attending or participating in activities or being treated or served thereat, nor to buses, trucks or trailers parked, at any time, in a space prepared or designated therefor on said premise~, ff such vehicles arc used or operated by or for the epcration of the places or institutions designated, except that such vehicles cannot be u~d for residential occupancy. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3) Code reference-Stopping, standing and parking, § 130-31 ct seq. I I I I I ! I I I ! I I I I Sec. 2.6.8. Moving of buildings or ~tructures. No building or structure shall be moved from one lot to another lot, or moved to another location on the ~ame lot, unlc-s_~ such building or structure shall thereafter conform to all of the applicable provisions of this zoning code and to all other applicable regulations of Collier County. Code reference-Moving of buildings, § 22-381 et seq. Sec. 2.6.9. Essential sm-vices. Essential ~crvices are hereby defined az services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and governmental facilities. Essential services are allowed in any zoning district subject to the following conditions: 2.6.9.1. Permitted uses. The following uses shall be deemed permitted uses in any zoning district: water lines, sewer lines, gas lines, telephone lines, telephone switching stations, cable television, electrical transmission and distribution lines, substations, emergency power structures, sewage Hit stations, water pumping stations, individual private wells and septic tanks, and similar in- stallations necessary for the performance of these services. Governmental fa- cilities, as defined by this code, shall be permitted uses in commercial and industrial zoned districts. Furthermore, the following governmental facilities shall be permitted uses in the agricultural and estate zoned districts: nonres- idential not-for-profit child care, nonresidential education facilities, libraries, museums, park and recreational service facilities. 2.6.9.2. Conditional uses. The following uses shall be deemed conditional uses in any zoning district: electric or gas generating plants, effluent tanks, major re-pump stations, sewage treatment plants including percolation ponds, hospitals, hos- picea, water aeration or treatment plants, governmental facilities in residen- tial, agricultural and estate zoned districts except as otherwise specified by section 2.6.9.1, public water supply acquisition, withdrawal, or extraction fa- cillties, safety service facilities, and other similar facilities. 2.6.9.:1. {Applicability of district regulation,.] Under this subsection, where structures are involved other than structures supporting lines or cables, such structures shall comply with the regulations for the district in which they are located or as may be required on an approved site development plan under division 3.3. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards as well az LDC2:IS0 ZONING § 2.6.25.4.3 I I I I I I I I i I I I I I I I I Sec. ~;.6.25. F~--m labor housing. 2.6.25.1. Purpose and intent. This ~,ction iz intended to apply to those agricultural situations where housing is required for permanent or transient farm labor. Housing e~tabllshed under this ~,~:tion shall be u~-d exclusively for that pur- pose and no other. It is intended that housing under this ~tion shall be erected only in the rural agricultural district (A) and only when such housing meets the rcquirement~ and procedure~ of this ~-tion. It is the intent of this ~ction that hous/ng for farm labor shall be in the nature of a planned devel- opment, but with re~rictionz designed to meet the peculiar requirement~ of the farm labor market and the neee~ities of health, ~fety, and general wel. fare o/' the farm laborer~ and the general public. 2.6.25.2. Permitted uses. The following perra/tted uses are permitted az farm labor housing, or as uses aco~sery to farm labor housing. 2.6.25.2.1. Permitted uses. 1. Single-family dwellln~z. 2. Mobile homes. 3. Duplex. 4. Multiple-family dwelling~. 5. 'I~RVCs. 2.6.25.2.2. Uses accessory to farm labor housing. 1. U~es and structures that are accessory and incidental to farm labor housing 2. Caretakers' residences. 3. Child care contort. 2.6.25.3. Site development plan required. No construction for the housing of farm labor shall be erected until a site development plan (SDP) has been approved as eztablhhed in this article and division 3.3. Any application for development to house farm labor shall include the general da~a eztablhhed in division 3.3 and, in addition, the data required by this section. Upon the approval of an SDP, no building permit or certificate of occupancy shall be issued except in conformity with such approved SDP and no use shall be made of farm labor housing ~ub~quent to construction except in conformity with that approved SDP. 2.6.25.4. Standards. In addition to the applicable requirement~ o£ site development plans in division 3.3, site development plans for farm labor housing shall meet the following minimum ~:andards: 2.6.25.4.1. Highway setback. Farm labor housing shall be set .back a minimum of 1,000 feet me.~zur~ from the nearest point of construction to any state, federal, or county highway right-of, way line. 2.6.25.4.2. Minimum and maximum area. No on-site farm labor housing shall exceed in land area three percent of the gross acreage of the agricultural operation, or ten acre~, whichever is le~. Off-site farm labor housing for laborers shall have a land area of not less than one acre nor more than ten acres. 2.6.25.4.3. Utilities. AIl utilities must be installed a~ required by state and county regu. lations. LDC2:195 ! ! ! ! ! ! ! §2.6.25.4.4 2.6.25.4.4. 2.6.25.4.5. COLLIER COUNTY LAND DEVELOPMENT CODE Layout. Any application for site development plan approval shall show: 1. Land area in acres; 2. Street patterns, with provision for surfacing with a hard dustless mate- 3. At least 300 square feet for each lot or dwelling unit for open space and recreation area; 4. The layout of building sites; 5. Actual yard dimensions (not less than minimum) for periphery of site and for each lot; 6. Size of units to be installed and specification of type; 7. Utility locations, sizes, and types; and 8. Types of services ta be provided. Dimensional standards. 1] ! ! I I I I I I I Dormitory SF/MH D/MF lfousing Minimum let area 4,000 sq. ft. I acre I acre Minimum lot width 40 ft. I00 ft. 100 ft. Minimum yard required: Front 10 ft. 20 ft. 20 ft. Side 5 ft. 20 fl:. 20 ft.. Rear I0 ft. 20 ft. 20 ft. Maximum height 30 ft. 30 ft. 30 ft. Minimum floor area 500 sq. ft. 500 sq. ft. 500 sq. ft. Certification required by chapter 10D-25 F.A.C. as a migrant labor camp shall be required. 7. Ail requirements of ~he minimum housing code shall be met. 8. Note: SF = Single-family; MH = Mobile home; D = Duplex; MF = Multiple-family. ford. No. 92-73, § 2} Sec. 2.6.26. Location requirements for group housing {GILL' 2.6.26.1. [General requirements.] All group housing structures shall meet the fo]lowing requirements specified for each type of structure: 1. Site development plan (SDP) approval in conformance with d/vision 3.3 (with the exception of a family care facility). ! ! LDC2;196 ~:C R 0 C Z · --I ~::1 (. CF-lC ~'g r i I iii ,,fl / /:'C' "~'~ I ,,'t'/A" LEE COUNTY GO~K~[W ~0 ' HENDRY CO. 1 COLLIER COUNTY CORKSCREW REGIONAL ECOSYSTEM (CREW) WATERSHED m RECEIVED PlAY 0 7 1997 Department of Environmental Protection I I I I I I I i I I I I I I 13D 11 South District 2295 Victoria Avenue. Suite 364 Fort/~yers. Florida 33901-3881 V~rg~nla P- We~ert,,R Secreu~ June 27, 1997 ....... ..~ sin Mc,~,~,. e.,-. J U N 3 Q 19.q7 Mc^niy £ngincering 5101 Ta. miami Trail East, Suile 202 · ; Napl~, FL 34113 Re: ~ Wells and Scpdc Systems Dcm' Mr. McAsdy: This is in rca-pon.sc Io your Icilcr dated June 23 rcquc~ng my opinion regarding Ibc usc of wells and individual septic sy~crr~. It has bccn our experience I~,at septic syslcms frcqucnUy fail to function adequately and arc ollcn not properly maintaincd. This is particularly tmc in ~cas of high wa~cr lzblc. Many timcs a poorly ftmcfioning scpdc syslcm will remain unnotic:cd bccausc it is out of sight and I~:rc is no apparcnt twidcm:g of its failure. Othcr than f. hc initial l~rmil~ing of these sTslcm.s, there is no pro. sion for inspcclion and no a.~-umcc that Lhe Septic ~ will be properly rn~intaJned. Thc regulatory control ol'lhc individual water supply wells is even less stringcnl. Small package trcalmcnl systems served trff central sewers ~c rcgulaled by this l)epanmcnt ~nd a~c not only inspecled regularly, but arc r~uired to s~bmit monthly monitoring reports and have licensed tr~tment plant operators. Thes~ operators have special training and arc required to be on site a certain number or' hours each day or week. Furthermore. these systems arc required to provide secondary treaLmcn! and disinfection al minimum. Small community water supph~ also r~uirc I~pamncni construction Fcrmits and arc attended by licensed ol~ralors. Thc Depanmcnl inspecu and monitors the operation of these syslcms Io L~r-,rc that the watcr supply is safc. For these reasons thc Departmcn! strongly supports thc use of cenLralized collection and Iransmission systems and treauncn[ r/~cms for Ix~h po~blc and domestic was~cw-atcr. Please l'eel fr~e to contacl mc at (941)332-697S if you need further information. Sincerely. ^bdultB. Alunadi, Ph.D., P.E. Watcr~acilifies Administrator ,LBA/HWY/ld m I I "Prolect. Conserve and A'lc~no~e flor~dO'S Enwronr. ent ond NOturoI Resources" 8G I 7 1991 JUN 12 A%{ 9:51 COUNTY flECORDEO AGREEMENT OR 128 1' U 1539 P ,GE C~--~~O THIS AGREEMENT is made and entered into this naf~ - -~z-~X~Mayf ~991 by and between Amnon Golan ...... ~ ay oz certain Land Trust em , -~ zrus~ee un,er that Agre ent recorded in Official Record Book 1347, page 2331 et seq, Pu ' ecor - ollter County. Florida, Co., a Florida Corporation,~eferred to as "Utility'.) (hereinafter referred to ~ "Oran~etv~i.)f. Orange Tree'Utility and the Board of County Commission~rs of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as "County,). RECITALS: WHEREAS, Utility is a corporation that is funded by Orangetree; and 'WHEREAS, for the purposes of this Agreement, the term "Developer.. shall mean and collectively refer to Orangetree and Utility; and all benefits, responsibilities, obligations, duties, covenants and liabilities arising from this Agreement, relative to the subject water and sewer related utilities,.shall be joint and several as between the parties who comprise the Developer; and WHEREAS, Orangetree represents and warrants that it is the successor to those parties described as #GAC" and "Trustee- in that certain Settlement and Zoning Agreement recorded at Official Record ~ook 1180, Page 1557 et seq Public Records Collier County, Florida (hereinafter "Settlement and Zoning Agreement.); and WHEREAS, Orangetree represents and warrants that it is the owner and prime developer of certain land more specifically described as "Subject Property- in the Settlement and Zoning Agreement (hereinafter "Project',) which is one and the same as the lands encompassed by Collier Count - d commonly referred to therein as t , save a?d except for individual lot or ~ and WHEREAS, this Agreement shall serve to clarify and better articulate the procedures, covenants, obligations and responsibilities arising from the general development commitments concerning the provision of water and sewer related utilities to the Project which are attached to the Settlement and Zoning Agreement; and WT{EREAS, the Project,s PUD Ordinan Ordinance No 87-13 an~ ..... ce, Collier County · ~ ~ ~menoeG on even date, concerning the provision of water and sewer related utilities to the Project, I I I ! I I I I I I ! I I I I I ! 01623 151 o12B OR BOOK PAGE requires the Developer to provide on-site water and sewer treatment and related service facilities to all developed portions of the Project until Collier County makes a formal request to serve the Project with water and~or sewer services; and WHEREAS, Settlement and Zoning Agreement requires, and the De%eloper acknowledges and ratifies, that the Developer shall freely and voluntarily convey at no cost to the County all water and sewer treatment plants and distribution/collection and transmission system components in existence at such time in the future that the County formally indicates its desire to serve the Project with water and sewer related utilify facilities; and WHEREAS, Developer represents that Utility is authorized, or will be authorized prior to providing utility services, by all appropriate regulatory agencies to provide water and sewer treatment services to the Project as contemplated herein; and WHEREAS, the Settlement and Zoning Agreement and Collier County land development regulations require, and the Developer covenants and agrees, that the Developer shall connect any on-site utility system serving the Project to the off-site utility system operated b'~ the County when the County system has been extended to within 200'feet of the Project and the available off-site County utility system has available capacity to service the entire Project; and WHEREAS, Orangetree and Utility have entered into an agreement under which Utility has agreed to provide on-site treatment until the utility facilities within the Project are connected to the off-site utility,facilities operated'by the County and the County facilities have available capacity to service the Project or the County formally indicates a desire to assume the on-site water and sewer service of the Project; and WHEREAS, the extension of the off-site utility system operated by the County to within two hundred (200) feet of the boundary of the Project shall not be required of the County as performance under this Agreement; and WHEREAS, all parties to this Agreement acknowledge and agree that the decision as to whether or not any off-site utility system operated by the County has the capacity to service the Project shall be made solely by the County; and WHEREAS, at such time as connection of the Project to the County,s off-site utility system appears imm shall supply sufficient notice to n .... , .... in~nt, the County ~v=~uper and Developer shall thereafter take the requisite action, if any, required by the Public Service Commission to effectuate connection of the Project to the County,s off-site system; and 'l I I i I I I I i I I I 001623 IJOI5 11..2B. OR BOOK PAGE WHEREAS, all parties to this Agreement acknowledge and covenant to assist and cooperate with each other and expeditiously advance the intention and terms of this Agreement relative to actions or prior approvals, if any, required by the Public Service Commission in order to effectuate connection of the Project to the County's off-site system; and WHEREAS, Orangetree acknowledges its obligation to either dedicate all appropriate collection, distribution, transmission and/or treatment facilities and appropriate easements to the Utility prior to placing said facilities into service or, alternatively, to dedicate all appropriate collection, distribution, transmission facilities and easements to the County for leaseback to Utility in accordance with standard County procedures and that, in any event, such dedications will be made in a manner acceptable to the office of the County Attorney so as to ultimately provide for a smooth and effective conveyance of the subject utility facilities and easements to the County; and WHEREAS, the Developer has previously accepted the terms and conditions set forth in this Agreement as part of the County's review and approval of the Developer's land use petitions, and more specifically, as a part of the Settlement and Zoning Agreement; and WHEREAS, this Agreement is entered into b~ the County at the request of Orangetree and Utility in order to articulate the county's willingness to now forbear from making any formal requests to provide water and sewer service to the Project as contemplated herein until on or a~ter January 1, 2001 as well as to clarify the procedures for any future transfer of water and sewer and related utilities service from the Developer to the County. W I TN ES SETH: I I I I I NOW THEREFORE, in consideration of ten dollars, the covenants contained herein and other good and valuable consideration exchanged amongst the parties to this Agreement, the parties agree as follows: 1. RECITALS INCORPORATED. The above Recitals are true and correct and shall be incorporated herein. 2. INTERIM FACILITY. The appropriate on-site collection, distribution, transmission and treatment facilities are to be constructed as part of the proposed Project and shall be used as an interim facility; all utility facilities shall be designed and constructed to State and Federal standards and are to be owned, operated and maintained by the Utility or other successor entity I I I I. I I I i i ! I I I I ! I I nf 1823 OR BOOK PAGE 12B 1 lll~l 5 ~.'- 2 satisfactory to the County until such time as the County's off- site utility facilities are available to service the Project or the County indicates'a desire to or is required by law to assume the on-site water and sewer service of the Project. The subject utility facilities shall supply services only to the Project or, subject to the County's approval, other lands owned by the % _ Developer. Developer covenants it will not provide service <~F outside the Project without the written consent of the County./~ 3. DEVELOPER TO DISMANTLE. If the County does not assume operation of the utility treatment facilities then, upon connection to the County's off-site utility facilities, the Developer shall abandon, dismantle and remove from the Project those portions of the interim facilities not required for connection to or service by the County's off-site system. All work related to this activity shall be performed at no cost to the County whatsoever. 4. CONNECTION TO COUNTY'S OFF-SITE SYSTEM AT NO COST TO COUNTY. Pursuant to the terms of this Agreement, connection to the County's off-site utility facilities will be made by the Developer at no cost to the County within one hundred twenty (120) days after such facilities become available. The cost of connection shall include, whenever the County requires, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitt~_ng of existing pumping facilities, construction of new pumping facilities, interconnection with County off-site utility facilities, any transmission, distribution or collection lines necessary to make the connection and any required environmental audits, including the expense of bringing the subjeqt facilities into compliance and response costs for clean-up removal or remediation. 5. CONVEYANCE OF INTERIM TREATMENT FACILITIES NEEDED FOR CONNECTION AND/OR OPERATION. At the time the County's off-site facilities are available for the Project to connect with, or in the event the County assumes operation of the interim treatment facilities, all utility facilities required by the County to make the connection with the County's off-site utility facility or to effectuate a service transition to the County shall be conveyed to the County pursuant to County ordinances and regulations then in effect, together with all utility easements required by the County. All construction plans and technical specifications related to the connection of the County's off-site utility facilities shall be submitted to the County for review and approval prior to commencement of construction. 6. CUSTOMER TURNOVER. All customers served within the Project on an interim basis by Utility shall become customers of the County at the time when the County's off-site treatment facilities are available to serve the Project and such connection is made, or at such time as the County accepts the conveyance of I I I I I ! 12B I]01623 IIUI OR 800K PAGE the interim utility system and/or assumes operation thereof. Prior to connection of the interim facility system serving the Project to the County's off-site utility facilities, or conveyance of the interim utility system to the County, the Developer shall turn over to the County a complete list of customers served by the interim utility syst,m within the Project and shall not compete in any way with the County for the service of those customers. Developer shall provide the County with a detailed inventory of facilities served in the Project and cooperate fully in the transfer of any billing procedures. ISSUANCE. Developer ag~ ~ pay all applicable system ' ~ent charges or impact fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off-site treatment and transmission facilities operated and maintained by the County that all o'~ners of existing properties characterized as new users and subject to the imposition of either a water or sewer impact fee will be required to pay system development charges or impact fees for such new use. I I I I I I I I I 8. CONVEYANCE DOCUMENTATION. All parties acknowledge and agree that the conveyance of all facilities subject to this Agreement shall be effectuated by various documentation required and in the form approved by the Office of the Collier County Attorney; said documentation to include, but not be limited to, appropriate affidavits from Developer and their attorneys as to the title to the subject facility, bills of sale, warranty deeds, easements, subordinations, partial release of lien or other instruments required to assure marketable, clear and unencumbered title to the subject utility facilities at the time of conveyance to the County. Developer shall cooperate fully with the County in preparing, providing and obtaining such documentation. 9. STANDARD OF DESIGN AND MAINTENANCE. Ail utility facilities shall be designed and constructed and conform to local, State and Federal standards. However, in no event shall the design and construction standards for the subject utility facilities fall below or be incompatible with the design and operational standards employed by Collier County or the Collier County Water-Sewer District as articulated in Collier County Ordinance No. 88-76, the Collier County Utility Standards and Procedures Ordinance, as amended or its successor in function. Developer agrees and covenants that all utility facilities shall be designed and maintained at standards equal to the maintenance standards of comparable utility facilities designed and maintained by Collier County or the Collier County Water-Sewer District. I 5 9d1~470375 O. C~.~r''¢ ' -"5 I I I I I i I ] I I I I I I I COV~RMT~D ~ A~RZE~Za-r. The pa~tie~ a~em ~at all conveyances ~tllity ~acllitl~s w~ln ~ ~oject ohall ~ ~Je~ to ~d be qOVe~ by ~ Cl~ of ~ig ~eement and o~i~e a~licable ~llimr County r~lations ~ ordinances, and that sa~d coven.~ shall ~n with land ~d ~ bi.lng u~n the Pa~es and ~ O~-SX~ SYST~ OR ~CE ~ ~f. DeveXo~r, and not facilities ~m conv~yed to or ~ ~ ~e Co~ty or are connm~d to ~m C~nty,. off-site ~i~y fa~ilities, At no ~t to ~t/, ~vel('~ ~hall co~uc= a~ provide to ~ Co~ty an · nvirO~ntal a~it, ~e~er wi~ a ~itten d~clarat~on from an envlro~n~l conlul~nt ack.able to tho C~7, which ~at the ~bgect factlltie~ conveyed to o= vesting ~n the are in co.llanos vi~ all applicable S~te and F~eral e~viro~en~al lawl, and that the ~acllitles and prepay mlrrounding ~e facilities are frae of ~lawful con.miseries. ~e enVi~oam~tal consultant ~hall demonstrate Itc ~alifications to ~he satisfa~ion of the County prior to co~encin an env~ro~en~l mud - . lt. I.a ~all~ication~ shall ~ e~tablished if ~e proJe~ nan=gar i= a profepmional eng~e~ who is r~lstered in good sb~i~ vi~ ~e S~to of Florida, or cc~lfimd envl~ental professional ~ ~o National A~sociation of Znviro~nta~ Profeesionalg o~ some o~ l~e mnviro~ntal consultant uhall not ~ ~ea~o~ly wl~hmld. conwey~ce of ~e interim utility facllit~ to ~e C~y, rell~m De~lo~ of any obligation h~e~der for ~e cos~ of ~duc=~ ~e en~/=o~ntal audit, br~qing ~je~ facilities r~ation, If ~y. whi~ shall ~ ~=ne by ~e D~elo~r ~ no =v~t ~ ~e ~. A~ZT ~ OF C~ ~ ~A~ C~T~c~. ~m c~y hal focally ~de a ~es~ to ~e tho ~oJa~ w=ter ~ sewer related utilltla~ and ~m county ~l~rlly aas~s op~aCion of ~e on-alta water or s~r ~ea~enc pl~t, water or ~er plants, ~e plant sl~el shall ~ con~yed ~ck appr~rim~ statuto~ deed to Oramgotree and site utility I I I I I I I i I I I I' I I I I I I 001623 I]U15 5 OR BOOK PAGE easements shall be vacated, except that an easement ~hall be reserved for any connected facilities required, pursuant to paragraph 4 of this Agreement. Only upon the occurence of the events articulated in the preceding sentence shall the County be obligated to conduct and provide to Orangetree an environmental audit and written declaration with related compliance and response, cleanup, removal and remediation cost obligations idential to that which is required from Developer to County pursuant to paragraph 11 of this Agreement. 13. LEASEBACK OF DEDICATED FACILITIES. If the Developer elects to dedicate all appropriate collection, distribution, transmission facilities and easements to the County for leaseback tD Utility in accordance with standard County procedures, the County and Utility shall enter into a leaseback of those facilities to allow for continued operation of the on-site interim utility system. Such a leaseback shall be upon terms comparable to utility facilities lease agreements then entered into by the County as required by and in accordance with applicable County land development regulations and/or utility standards and procedures. Any such lease agreement shall be in a form approved by the Office of the Collier County Attorney. The form of the lease or leases shall be for ten (10) years and at the end of ten (10) years, the lease shall be automatically renewed for successive five (5) year terms, unless terminated sooner as provided herein. Under any such lease the Lessee shall pay the Lessor the sum of Ten Dollars ($10.00) per year as rent. Notwithstanding any other provisions of this Agreement'or any such lease as contemplated herein, the leaseback of the subject utilities shall terminate at such time as the County undertakes to provide the treatment service for.the Project, either through off-site resources or by making formal request to operate the on-site treatment facilities 14. FORBEARANCE BY COUNTY. At the request of the Developer the County hereby agrees and 'covenants to forebear making any formal request to serve the Project with water or sewer related utilities, either through assuming the operation of the on-site facilities or by causing the connection to the County's off-site facilities, until January 1, 2001. Thereafter, the County shall give one year's notice to the Developer of its formal request to provide or assume utilities services to the Project. 15. WATER AND SEWER RELATED UTILITY SYSTEMS INDEPENDENT. For the purposes of this Agreement the potable water and sewer related utility systems shall be construed as independent of each other. In other words, for example the water utilities may be conveyed to or operated by the County prior to the time the sewer related facilities are conveyed to or operated by the County. 16. RECORDATION. This Agreement shall be recorded in the official Records of Collier County, Florida. I I I I I. I I I I I I I I I 12B OR BOOK ~ PAGE 17. ASSIGNMENT. Assignment or transfer of the Developer's obligations under this Agreement is prohibited without prior written consent of the County. 18. ENFORCEMENT. Enforcement of this Agreement shall be by proceedings at law or in equity, either to restrain violation, seek injunctive relief, or to recover damages against any person oz party violating or attempting to violate this Agreement. 19. ATTORNEY'S FEES, COSTS AND EXPENSES. Only the parties executing this Agreement shall be entitled to reasonable attorney's fees, including appellate attorney's fees, and costs, incurred as a prevailing party in connection with any litigation under this Agreement, and to all reasonable expenses, including attorney fees, incurred in exercising or enforcing the rights, obligations or remedies provided or incorporated herein. 20. SEVERABILITY. In the event that any portion of this Agreement shall be found to be unenforceable in any legal proceeding, the remaining provisions shall remain in force and effect. 21. ~MENDM~;T. Any amendment hereto shall be in writing upon the mutual written agreement between the parties. 22. INTENT; BINDING EFFECT. This Agreement is intended to identify, specify and carry out the procedures, covenants, obligatiions and responsibilities arising from the Project's PUD Ordinance, Collier County ordinance No. 87-13 and as amended on even date, concerning the provision of water and sewer related utilities to the Project. This Agreement shall be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this ~.~ the day and year first above written. · '.: .'JAMES :¢~; GIL~, Clerk BOARD OF COUNTY COM}{ISSIONERS COLLIER COU};TY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING · BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY: Chairman q I I .I I I I I I I Approved as to form and legal sufficiency: ~ OR ~OOK 12B P~GE above-referenced Trust ORANG~REE UTILITY CO., a Fl°r ~a0}C°rp°ra t~n . BY:~ ~_~es l~nt I I I I I I STATE FLORIDA COUNTY ;OLLI ER I HEREB! ERTIFY that on thi~ day, before me, an office authorized in State and County aforesaid to take acknowledgments, sonally appeared PATRICIA ANNE r, well known to me to be Chairman of the Board of Commissioners, ~unty, Florida As ming Body of Collier County and as the Go' Board of the Collier County Water-Sewe authorized so to do, executed the foregoing A, the purposes therein contained under authority by the Board of County Commissioners, and that thereto is the true seal of said Board. WITNES~g~ hand anc~ official se~ last af.~said this ~ day of '-he County and State I I I Notary Publ My Commission 9 I I I I I I I I I ~., 1996, by and between David Frledman as successor t=ust~e by virtue of the land trust agreement recorded at O.R. Book 1347, Page 2331, the resignation recorded at O.R. Book 1655, Page 918, and the c/uit-claim deed recorded at O.R. Book 1787, Page 1760, all of the public records of Collier County, Florida, for Orangetree Associates (ASBOCX~TE8) and Orangetree Utility Company (UTILITY) and the Board of County Comm~se~onerm of Collier County and as ex-off,cio the gover~ing Board of the Collier County Water-Sewer District (COU~T). I I I ! I WHEREAS, for the purpose of this Agreement, the term "A~SO~IATESN represents and warrants that It ~s an ~er and develo~r of a ~ion of ~e prope~y in ~he Orange~ree ~D as a~r~ ~ Col~Xer C~y O~nance NO. 87-13; a~ "~LI~" is a Florida co,ration that ~s l~cens~ ~o pr~de water and sewer se~ce to ~e pro~y o~ed by ~80C~8; the te~ w~w ~s the Board of County Co~issioners of Collier C~y a~ as ex-off~cio ~e g~e~ng ~a~ of ~e Collier County Water-Sewer D~str~ and I I I WHEREAS, UTXLXTX and COUI~T~ are subject to that cex~:ain agreement dated Hay 28, 1991 and recorded In O.R. Book 1623, Page 1539 of the Public Records of CoXlier County, as well as Collier County Ordinances Nos. 87-13 and 91-43; and I I I I 12a 1 ~1~81 ~HER~S, tY~ZLX'X~' and COUNT~ desire to hereby modify and adjust their rights, obligations and responsibilities under the above mentioned agreements and ordinances by extending the time for UTILIT~ to operate a wastewater treatment and disposal facility and a water treatment and transmission facility for the Orangetree planned unit development~ and I I I I I I WHEREAS, COUNT~, UTILIT~ end ASSOCIATES acknowledge that it will be necessary for ~TILIT~ to ek"pend substantial sums of money to upgrade and provide wastewater treatment, disposal, water treatment and transmission services to the Orangetree PUD and that it is fair and prudent to allow UTILITY to recover costs for capital e~pansion. WHEREAS, ABBOCIATES is continuing with its plan of development for the Orangetree PUD and UTiLIT~ is continuing to provide utility services for the benefit of the residents of Collier County. I I I I I I NOW THEREFORE, the parties agree as follows: 1. The above recitals are true and correct. 2. The Agreement between the parties dated Hay 28, 1991 is hereby reaffirmed in all respects except as hereby amended: "14.". FOREEARA~CE BY ~t~'l"~'. At the request of the Developer the County bereby agrees and Covenants to forbear making any formal request to serve the Project with water or sewer related u=ilities, either through assuming the operation of the I I I I I ! I I on-site facilities or by causing the connection to the County's off-site facilities until at least 2011, being a minimum of 15 years from the date of the execution of this Amendment. Thereafter, the County shall give one year's notice to the Developer of its formal request to provide or asau~e utilities set/Ices to the ProJ eot. ). UTILITY,B operation of the wastevater treatment, disposal facility, the ~ater treatment and transmission facility shall be In conformity with the rules and regulations of the appropriate governmental agencies with Jurisdiction. I I I I I 4. The Agreement betveen the parties dated Hay 28, 1991, hereby reaffirmed to the extent that it does not conflict with this Amendment. §. This Agreement shall not Inhibit ASSOCIATES, right to form or Initiate a Community Development District as authorized by the Florida Statutes. 6. This Amendment shall be recorded in the Public Records of Collier County. I I I I I IN WITNESS WHEREOF, the parties hereto have executed this agreement this _~_~day of ~/~, 1996. :'A~TEST: .' ~. BOARD Or COUNTY ~SS~O~ O~ ' ~I~ ~, F~DA~,'.'~ . .- . . GORING ~DY OF ~ ~~ ~ ~D ~ ZX~FFI~o ~ E BROC GO~ING ~ OF ~ COLLI~ I ! ! ! ! ! ! ! ! ! ! ! ! I ! Approved ae to form and Assistant County Attorney OR: 2183 PG: 1520 12B 1 Orangetree Utility Company, a Florida c~,ora~n. /) By: ~ t Name & Tltle~ STATE OF FLORIDA COUNTY OF COLLIER I HEREBy CERTIFY that on this day before me, an officer duly authorized in the state aforesaid and in ~oun~¥ oresaid to of Orangetree Utility Company known to described in and who executed the foregoing AMEN D~L~q~T TO AGRE~ and ac~owledged before me that he/she exerted the same. WI~ESS my hand and official,~eal ~n the cunt a last afo~ai~.~b~ ]~a da~ ~ ~ c~ y nd state /~ ~[L~ ~ ~ I , 1996. STATE OF F~IDA ~ CO~ OF COLLI~ I HE.BY ~RTIH tha~ on this day b~for~ ~, an olflc~r duly authorized tn the state aforesaid and tn the county aforesaid to take ac~owled~ents, personally appeared David Friedman, as T~stee for Orangetree Associates, kno~ to me to be the ~rson descried in and who exerted the forgoing ~~ ~ AG~ and ac~ledged before me that he/she exe~t~ ~e WI~ESS my hand and official sea.In the county state ! I 12B"1 I I I I I i I I I I I I I i I I COLLIER COU?,'TY cODE § 250.:~6 ance from the terms of the zoning ordi- nance as will not be contrary, to the public interest where, orang to conditions pecu- liar to the property, a Literal enforcement of the provisions of the ordinance would re- sult in unnecessary and undue hardship. Variance.~ from the ordinance shall be au- thorized only for height, area and size of structure, or size of yards and open spaces: boards of zoning appeals shall not be au- thorized or empowered to issue variances to permit the establishment or expansion of a use in a zone or district in which such use is not permitted by the zoning ordi- nance. No variance shall be granted where the special conditions or circumstances pe- culiar to the property are the result of the action of the applicant for a variance, which action occurred subsequent to the adoption of the regulation which makes the variance necessarY. No variance shall be granted be' cause of the presence of nonconformities in the zone or district or adjoining zones or districts. (b) Boards of zoning appeals shall not authorize a variance until it shall be found that the autho- rization of such variance will result in substantial compliance with the intent and purpose of this act and the zoning ordinance, that the property cannot be put to a reasonable use which complies fully with the requirements of the zoning ordinance, that the variance is the minimum which will make possible the reasonable use of the land, building or structure, and that no substantial detriment to the public health, safety, order, comfort, conve- nience, appearance or general welfare will result from such authorization. Icl Boards of zoning appeals may make the au- thorization of a variance conditional upon such alternate and additional restrictions, stipulations, and safeguards as it may deem necessary to in- sure compliance with the intent and purpose of the zoning ordinance. Violation of such conditions when made a part of the terms under which the variance is granted shall be deemed a violation of the zoning ordinance. ;dl No variance shall be authorized by a board of zoning appeals or the governing body acting as a board of zoning appeals except after public hearing with due public notice. ~Laws of Fla. ch. 67-1246, § 141 See. 250-5'/. Exercise of powers. In exercising its powers, boards of zoning ap- peals or the governing body may, in conformity with the provisions of this division and the zoning ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of anY zoning ordinance or reg- ulation adopted pursuant to this division, and ap- pealed from, and may make such order, require. meat, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. ~Laws of Fla. ch. 67-1246. § 15~ Sec. 250-58. Appeal from decision of admin- istrative official. ~a, Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, depa~- meat. board, or bureau of the governing body or bodies in the area affected by the decision, deter- mination or requirement made by the administra- tive official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall fOrthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. (bi Due public notice of the hearing on the ap- peal shall be given. Icl Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed al'firmed. ILaws of Fla. ch. 67-1246, § 161 Sec. 250.59. Staying of work on premises. When an appeal from the decision of any ad- ministrative official has been flied with the ad- ministrative official, all proceedings and work on SA250:10 i I I I I 12B 1,5.7 COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this code and all other applicable ordinances, regulations and policies of the county shall be construed as applicable planning and permitting laws, rules, regulations, and policies which control development of lands within the Collier County Water-Sewer District to be services [serviced] by a special-purpose government such as a community development district. (Ord. No. 92-73, § 2) 1 DMSION 1.6. INTERPRETATIONS I I I I I Sec. 1.6.1. Authority. The planning services director shall have the authority to make all interpretations of the text of this code, the b~undaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the growth management plan and the boundaries of land use districts on the future land use map. The chief building official shall have the authority to make all interpretations o£ the text of this code on matters related to the building code, building permit requirements, building construction administrative code or building permits. In ca,es where interpretations of both the building official and planning services director are requested jointly, any conflict shall be resolved by the community development and envi. ronmental services administrator. (Ord. No. 95-58, § 3, 11-1-95) I i I I I I I I Sec. 1.6.2. Initiation. An interpretation may be requested by any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. Sec. 1.6.3. Procedures. 1.6.3.1. Submission of request for interpretation. Before an interpretation shall be pro- vided by the planning services director, or chief building official, whichever [iz] applicable, a request for interpretation shall be submitted to the planning services director or chief building official, whichever is applicable, in a form established by him. A fee for the request and processing of the request shall be established at a rate set by the beard of county commissioners from time to time and shall be charged to and paid by the applicant. 1.6.3.2. Determination of completeness. After a request for interpretation ha~ been received, the planning serrices director or chief building official whichever is applicable, shall determine whether the request is complete. If the planning services director or chief or building official, whichever is applicable, deter- mines that the request is not complete, he shall serve a written notice on the applicant specifying the deficiencies. The planning services director or chief building official, whichever is applicable, shall take no further action on the request for interpretation until the deficiencies are remedied. Supp. No. 3 LDCI:IO ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! I I I I GENERAL PROVISIONS § 1.6.6 1.6.3.2. I. Notification of affected property owner. Where a site specific interpretation has been requested by apart, y other than the affected property owner, Collier County shall notify the property owner that an interpretation has been re. quested concerning their property. 1 6 3 3 Rendering of interpretation. After the request for interpretation has been de- termined complete, the planning services director or chief building o~cial, whichever is applicable, shall review and evaluate the request in light of the gro~h management plan, the future land use map, the eerie and/or the official zoning atlas, and building code related matters, whichever is applicable, and render an interpretation. The plnnning services director and the chief building offeial may consult with tho. county attorney and other county departments before rendering an interpretation, l'rior to the release to the applicant of any interpretation, the interpretation shall be reviewed by the county attorney for legal form and suffeiency. Interpretations made pursuant to this section shall be rendered within 45 days of issuance of a determination of completeness made pursuant to section 1.6.3.2. 'Ord. No. 92-73, § 2: Ord. No. 95-58, § 3, 11-1-95) See. 1.6.4. Form. The i.".terpretation shall be in ~'riting and shall be sent to the applicant bm' certified mail return receipt requested. - Sec. 1.6.5. Official record. The community development and environmental services administrator shall maintain an official record of all interpretations rendered bv either the planning serx-ices director or ' building official, which shall be available for p~blic insnection duri .......... ,chief ..... ~, ..~..,ai OUSlness hours. I 6:~ 1 Notice of interpretation. The community development and environmental ser- vices administrator shall provide public notification upon the issuance of an interpretation. For general interpretations of the building code or Land De- velopment Code. notice of the Code interpretation and appeal time-frame shall be advertised in a newspaper of general circulation in the County. For inter. pretations affecting a specific parcel of land, notice of the interpretation and appeal time-frame shall be advertised in a newspaper of general circulation, and mail notice of the interpretation shall be sent to all property owners within 300 feet of the property lines of the land for which the interpretation is effective. 'Ord..No. 95-58, .t} 3, 11-1-951 Sec. 1.6.6. Appeal to board of zoning appeals or building board of ttdjustments and appeals. Within 30 days after receipt by the applicant or affected property owner of a written inter. proration sent by certified mail return receipt requested by the planning services director or chief building offeial, the applicant may appeal the interpretation to the building board of adjustments and appeals for matters relating to building and technical codes as shown in division I. 18 or to the board or zoning appeals for all other matters in this code. A fee for the application and processing of an appeal shall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by the applicant. The board Supp No 3 LDCI:I 1 I §1~6.6 COI.LIER COUNTY l~aa'qD DEVELOPMENT CODE 1.2B I I I I ! I I I ! I I I I I I I 1.6.7.2. 1.6.7.2.1. 1.6.7.2.2. 1.6.7.2.3. of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall bold an advertised public hearing on the appeal and shall consider the interpretation of the planning services director or chief building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the cede or the official zoning atlas, or building cede related matters, whichever is applicable. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall adopt the planning services director's or chief building official's interpretation, whichever is applicable, with or without medifications or conditions, or reject his interpretation. Thc board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall not be authorized to modify or reject the planning services director's or chief building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the growth manage- ment plan, the future land use map, the code or the official zoning atlas, or building cede, whichever is applicable. lOrd. No. 95-58, .~ 3, 11-1-95) Sec. 1.6.7. Rules for interpretation of boundaries. Interpretations regarding t)oundaries of land use districts on the future land use map or boundaries of zoning districts on the official zoning atlas shall be made in accordance with the provisions of this section. 1.6.7.1. DJstrict regulations extend to all porttons of districts surrounded by boundaries. Except as otherwise specifically provided, a district symbol or name shown ~'ithin district boundaries on the future land use map or the official zoning atlas indicates that district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line. lLocation of boundaries. I Where uncertainty exists as to tho boundaries of land use districts as shown on the future land use map or boundaries of zoning districts as shown on the official zoning atlas, the following rules shall apply: Boundaries indicated as approximately following the centerlines of dedicated streets, highways, alleys, or rights-of-way shall be construed as following such centerline as they exist on the ground, except where variation of actual loca- tion from mapped location would change the zoning status ora lot or parcel, in which case the boundar~ shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel. In case ora street vacation, the boundary shall bo construed as remaining in its location except where owner- ship of the vacated street is divided other than at the center, in which case the boundary shall be construed as moving with the ownership. Boundaries indicated as approximately following lot lines, public property lines, and the like shall be construed as following such lines; provided how- ever, that where such boundaries are adjacent to a dedicated street, alley, highway, or right-of-way and the zoning status of the street, highway, alley, or right-of, way and the zoning status of the street, highway, alley, or right-of-way [sic] is not indicated, the boundaries shall be construed as running to the middle of the street, highway, alley, or right-of, way. In the event of street vacation, interpretation shall be as provided in section 1.6.7.2.1. Boundaries indicated as approximately following city or county limits shall be e,~n---,,od as following such city or county limits. Supp. No 3 LDCI:12 YOtrNG, VAN ~kSSENDEHP ~ VAHNADOE, P.A. ATTORN £¥S AT I~[ ~.v TO: NAPLES VIA HAND DELIVERY I October 16, 1996 I I I I I I I I I I I Mr. Donald W. Arnold Planning Services Director Collier County Development Services 2800 N. Horseshoe Dr. Naples, FL 34104 RE: Request for Collier County Growth Management Plan Interpretation, Residential PUD in Agricultural/Rural Area Dear Mr. Arnold: This letter and the enclosed check in the amount of one hundred dollars ($100.00) are for a Collier County Growth Management Plan ("GMP") general interpretation request filed pursuant to Section 1.6 of the Collier County Land Development Code. A client is desirous of applying for a residential Planned Unit Development (,PUD-) rezone of property that is designated Agricultural/Rural in the Future Land Use Element ("FLUE") of the Collier County GMP. The density of the rezoned property would not exceed the FLUE limitation of one (1) unit per five gross acres. Water and sewer service would be provided by connection to existing central water and sewer systems. The interpretation request is for confirmation that such a PUD rezone is consistent with the GMP. In support thereof, I would point out the following listed factors: In the Urban Boundary Study prepared by the Growth Planning Department (now Long Range Planning), which is included in the Future Land Use Element as Appendix D, planning staff recommended a reduction of the boundaries of the then Urban Area and redesignating those lands as Agricultural Rural and deleting them from the Urban Area. As part of their recommendations in the Urban Boundary Study, which was ultimately approved by the County Commission, the study states with respect to Agricultural/Rural Areas that a rural density of one unit for five acres was recommended and that I i I I I LETTER: SUBJECT: DATE: PAGE: Mr. Donald W. Arnold Request for Collier County Growth Management Plan Interpretation, Residential PUD in Agricultural/Rural Area October 16, 1996 2 I I I I I I I I I "Clustering of homes should be allowed and encouraged to provide open space, concentrate private centralized public facilities and protect environmental sensitive areas." To that end, FLUE policy 5.6, which applies generally not just to the Urban Area, states: "Permit the use of cluster housing, Planned Unit Development techniques and other innovative approaches to conserve open space and environmentally sensitive areas. Amend the zoning the subdivision regulations as necessary to allow innovative land development techniques." The text for the Agricultural/Rural designation in the FLUE states that "Residential land uses may be allowed at a maximum density of one unit per five gross acres." Further, open space and recreational uses, essential services as defined in the zoning ordinance, and utility facilities are all specifically listed as uses that are permitted in the Agricultural Rural Area in addition to low intensity, low density residential uses. Section 2.6.27 of the Land Development Code which addresses cluster development provides that cluster development may be utilized in PUD districts. Section 2.2.20 of the Land Development Code does not limit the PUD form to only the Urban Area. Thank you for your attention to this matter. questions, please give me a call. Should you have any I I I I Sincerely, R. Bruce Anderson RBA/lkm I COLLIER COUNTY GOVERNMENT I I I I I I I COMMI. JNITY DEVELOPMENT_ _ AND ENVIRONMENTAL SERVICES DI_____~VISION Building R~,~cw ar~l P~rm,ttmg (9411 ("~lr Enforccmcm Housing and Urban [mpr~nt (941)~-~ Natural ~rccs (94 [) 7)2-2~0~ ~annmg ~es (941) ~dlu~mn ¢~mCrol {94 I) 2800 N. HORSESHOE DRIVE NAPLES, FL ~4104 A CEg'rIP1ED BLUE CHIP C¢)MMUNrrY' December 2, 1996 Mr. R. Bruce Anderson, Young, VanAsscndcrp, Varnadoc, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Fl 34101 PE: 1-96-7. Request for Growth Management Plan Interpretation relating to PUD Zoning in the Agricultural/Rural Designated Lands of the Collier County Future Land Use Map. Dear Mr. Anderson: ! I I I I I in response to your request, pursuant to Division 1.6 of the Land Development Code, for an interpretation of the Collier County Growth Management Plan, I have separated the analysis into two issues. First I will respond to the issue of a residential PUD rezone within the Agricultural/Rural designated lands of the Future Land Use Map. Second, ! will respond to the issue raised in your request for interpretation concerning connection of your proposed project to existing water and sewer service facilities. The Growth Management Plan defines thc AgricultumL~ural designation as being those lands remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. The Plan further states that urbanization is not promoted in this area, therefore, allowable land uses are of Iow intensity (low density residential and agriculture). With respect to residential use, the Plan permits residential density at a maximum of one (1) dwelling unit per five (5) gross acres: however, the Plan is not specific as to whether a Planned Unit Development (PUD) rezoning within the maximum density range is permissible. i 12B ! I I I Mr. Anderson Interpretation December 2, 1996 page 2 of 3 I I I I I I I I I I I I I I have also completed a review of the PUD zoning district standards found in Section 2.2.20 of the Land Development Code. The PUD district does not directly address the issue of which Land Use Plan designations are eligible to propose the PUD zoning district, although such zoning must be consistent with the provisions of the Growth Management Plan. Based on my review of thc Growth Management Plan, Future Land Use Element and Land Development Code, it is staff's interpretation that a residential rezoning in the form of a PUD is not prohibited within the Agricultural/Rural designated lands of the Future Land Use Element of the Comprehensive Plan, and may be proposed subject to the maximum gross density of one (I) dwelling unit per five (5) acres and its compliance v, ith other I: :ovis~the Growth Management Plan and Land Development Code. In response to the second issue concerning the proposed connection of a residential PUD in the Agricultural/Rural designated lands to an existing central sanitary water and sewer system, I have completed a review of the Sanitary Sewer and Potable Water Elements of the Growth Management Plan. There appear to be five relevant policies to this issue addressed within the two sub-elements of the Public Facilities Element of the Growth Management Plan. However, I have been unable to meet with the Water and Wastewater Department Directors to discuss operational and policy implications of a potential connection of the proposed project to a central water and sewer system. Given my inability to meet with the responsible Department heads to discuss these issues, with your concurrence, I will not render an official interpretation relative to the utility connection issue within the prescribed 45 day time-frame. I ',','ill issue a separate interpretation on this point once I have had an opportunity to discuss the utility connection issue with appropriate staff. In summary, it is staff's interpretation that a residential PUD rezone at a maximum gross density of one (I) dwelling unity per five (5) acres in the Agricultural/Rural designated lands of'the Future Land Use Map is consistent with the Growth Management Plan. Staff will respond through separate interpretation relative to the consistency of such a project's connection to a central water and sewer system. I ! 12B 1 ! I Mr. Anderson Interpretation December 2, 1996 page 3 of 3 I I I I I I I I Pursuant to Section 1.6.5.1 of the Land Development Code, notice of this interpretation and appeal time-frame shall be advertised in a newspaper of general circulation in the County. Within 30 days of receipt of notification of'this inte~retation by the applicant or affected property owner, an appeal may be filed in accordance with Section 1.6.6 of the Land Development Code. If you have any questions or comments rclativc to this finding, please contact me at (941) 643-8469. .~Sincerely, _ Donald W. Amold, AICP Planning Services Department Director W. Nell Don'ill, County Manager David C. Weigel, County Attorney Vincent A. Cautero, Administrator Community Development & Environmental Services Division Ray Miller, Public Works Administrator Barbara A. Cacchione, Comprehensive Planning Manager I I YOUNG 'AN ASSENDERP & VARNA ATTORNEYS AT LAW Reply to: )E, P.A. 12B R. Bruce Anderson Tasha O. Buford David 8. Er~tn C. Laurence Keesay Andrew I. Softs Kenze van Assenclerp George L. Vamadoe Roy C. Young YVilliam J. Roberts Of Counsel Marjorie M. Student Assistant County Attorney 3301 Tamiami Trail East Naples, Florida 34112 Naples Gailte'e Hail 225 South Adams Street, Suite 200 Post Office Box 1833 Tallahessee, Roride 32302-1833 Telephone (904) 222-7206 Telecopler (904) 561-6834 SunTrust Building 801 Laurel Oak Drive Suite 300 Post Office Box 7907 Naples, Rorlda 34101-7907 Telephone (941! 597-2814 Telecopler (941) 597-1060 May 1, 1997 Donald W. Arnold Planning Services Director 2800 North Horseshoe Drive Naples, Florida 34104 Re: Interpretation 1-96-7, PUD Zoning in the Agricultural/Rural Designated Lands of the Collier County Future Land Use Map Dear Ms. Student and Mr. Arnold: It has come to my attention that on or about April 9, 1997, a request for interpretation was filed by the Collier County Audubon Society, the Conservancy of Southwest Florida, and the Florida Wildlife Federation. This interpretation request asked the same question that was previously addressed in response to an interpretation request that I filed in October 1996. Mr. Arnold responded to my interpretation request on December 2, 1996, in the form of Interpretation No. 1-96-7. The purpose of this letter is to put the County on notice that my client, Ulitimate Land Trust, for whom the Interpretation 1-96-7 was sought, has acted in reliance upon Interpretation 1-96-7 and incurred substantial expenses in reliance upon that interpretation. Further, we object to these organizations requesting an interpretation on an issue that has already been addressed and for which the appeal period has long since expired. Additionally, I would point out that these organizations, with the possible exception of the Conservancy of Southwest Florida, do not have standing to request an interpretation under Section 1.6.2 of the Collier County Land Development Code. The requirements to initiate an interpretation are that one must be an "affected person, resident, developer, landowner, government agency or department, or any person having a contractual interest in land in Collier County." It is my understanding that the Conservancy does qualify I I I I I I I I I I I I I I I I I i Marjorie M. Student Donald W. Arnold May 1, 1997 Page 2 as a "landowner", but the other two organizations do not. Neither do these two other organizations qualify as a "resident", nor do they provide any factual basis to qualify as an "affected person". We would appreciate your response to the foregoing objections prior to issuance of any interpretation to those organizations. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. Sincerely, R. Bruce Anderson 1 ' rba\lnterpre. ! ! ! ! ! 0~0 ~,. Emw,~ YoLrNG, VAN .A~SSENDERP ~¢ VARNADOE, ATTOi~NrYS AT LAW Naples June 10, 1997 VIA HAND DELIVERY P. A. 128 1 POST (~'r,cg ~ ~833 T[~t~C)NIC (go~} ZZZ'TZ06 T[LtCO~I:~ (904) 56i.68~ i I I I I I I I I Donald W. Arnold, AICP Planning Services Director 2800 North Horseshoe Drive Naples, FL 34104 RE: Appeal of Interpretations 1-96-7 and 1-97-1, PUD Zoning in the Agricultural/Rural Designated Lands of the Collier County Future Land Use MaI) Dear Mr. Arnold: Please find enclosed a check in the amount of $200 as thc appeal filing fee for the above referenced matter. This appeal is filed on behalf of Ultimate Land Trust, James R. Colosimo, Trustee, the owner of the lands which are the subject of Petition gPUD-97-3, TwinEagles Golf and Country Club. The interpretations referenced above concern the same issue and should be consolidated for appeal purposes. Our sole purpose in filing this appeal is to preserve our rights and standing as a substantially affected party, so that in the event that either the Collier County Audubon Society, the Florida Wildlife Federation, the Conservancy of Southwest Florida, or any other person files an appeal concerning the subject matter of these interpretations, that my client may fully and adequately participate in the appeal hearings. In the event that the time for filing an appeal on this issg~: expires and no appeal has been filed, we will withdraw our appeal. Attached hereto and incorporated by reference herein is a copy of my May I, 1997 letter to you and Assistant County Attorney, Marjoric M. Student objecting to the request for interpretation that resuIted in the issuance of interpretation 1-97-1. We reiterate the objections contained in the May 1 letter as a part of this appeal. I I I I I I I I I I LETTER: Donald W. Arnold, AICP SUBJECT: Appeal of Interpretations 1-96-7 and 1-97-1, PUD Zoning in the Agricultural/Rural Designated Lands of the Collier County Future Land Use Map DATE: June 10, 1997 PAGE: 2 Should you have any questions, please do not hesitate to contact me. Thank you. Sincerely, R. Bruce Anderson Enclosure as stated cc: Marjorie M. Student, Esq., Assistant County Attorney, w/enclosures Ultima:e Land Trust, w/enclosures 6°A~.rnold.~· I I I I Southern Biom~s, EIS Environmental [ni'arm~tioa 5trvic~ I I I I I I I I I I I I I I ,za Wa.~ de C.z .e~..'s.?peri..?~.. with mapping azxi idc~ific~fion of local flora and una originated w~tb h~s affilmUon with the University of Flocida's School of Forest Rzzources and Con~a-vatiim, the Florida Game and ~ Water Fish Oommiaaion, the Florida Dividm of Forestry, and Eco hnpact, [ac., coo of the ~ private envh'onm~ntal consulting firms in Florida. Training indrgles e~Lenslve field studies in plant and animal ident~catlon, aerial photograph interpretation end mapping, wetland and upland habitat ass~srnent and management, ecosystems management, forest and wildlife w-a~t, and ec~ogical impact As st private envLronmental consultant, additional trnining has included hydric so/Is idont/ficaUon, enc~ng~-ed speciea ssse~ment, JurledicUonal wetlands tnterpretaUon, environmental permitting, non-etructur~l tonic and hazardous waste assessment, c~vironmental auditi~, an~_ h~bitat restoration and moni~ Yearly t;r~ining courses and sem/rmrs are attended to zrmintaLa with the current changes in rules, reEulations and proceclurc~ Erperieace in the e~vironmental consulting field began in 1969, aa a field biologist, c~mlucting vegetative association delineations for forest products companies, cattle r~nchers, laxge land owners, real estate investors, developers and State agencies. Environmental a~enCs and phase I environmental audits hav~ been conducted ,~umer~us trm~ of brad, old office buildings, stores, gms ststions, and old agricultural ficlds since the late 1980'e, when EPA and FDRP, through the Resource Conservation and Recovery Act (RCRA) ~nd the F]orlda A,l,~ni_-~r~tive Code (FAC) Chapter 17-730, rc-~ted lax~d owne~ in clesn~ up any toxic m' ~us waste conL~mina~ion found Mr. Waes de Czege has been in the Lee County area since 1972, wor~in,, as a forester, educator, and pri~,ate env~mxaen~ cormultanL 1~ invo/ved work ~msodated with cozstal wetland ~ ~n~,-~e studies related to dredge and f_dl permitting, regional ooosy~ rrm4~, and resteraUon acUvtfles. Ezperience amsista of upland, wetland and m_~_~i.ne vegetaXive m~ng, upl~te,4, wetlm~ _~ ~e wildlife surveys, benthic sampling, w~rer query ,ampl~g, mm~tee ~p~-t sz~ssm~ts, ~ species ma~mgement plans, sea graze bed aoalysi~, coastal dune restoration, wetland Other work has involved private land development Ieasibility assessments, developments of regional impact studies, endangered species surveys, weUand jurisdiction determinations, and County, Dig~ct, State, and Federal environmental y zu~d s, pt~aae I tomc and haxardoua wazte asaesemente have been included as an integrzfl pe_-t o£ de~lopment faax[bi]ity m_~ta for property &226 ~ Ptw~,. Su;te A - P.O. Bo= 5~7, Cai~ Corel, ~orkla 33910 FAX {813) 549-7440 I I JLL-I 7-1997 TOTZL P.8~ 15:dl 9,11 5a9 7440 P,B2 I I I i I I I i I I I I I RESUME 12B Profex~onal (Past and Premm): Unive~-~,y of Florida BSCE, 1959 Struclx~J E~g~nee~ing S~i~ry F.~gineering (Deign of Water/Sewcr fi~citities) Florida Regi~e~ed E,nglneef No. SOdS l:~oridA P, egis~eted Land Surveyor No. 1543 Sigm~ Tnu (honorary engi~eerin~ fiatcnfity) Florida. Engineering Nttiontl S~icty of Profeaakn~ Engineers Florida Pollution Associat/on American Society of Civil Etq~ee~ American W~ter Wo~ Association Florkl~ Society of Profe~ional Land Surveyor~ Cotliea' County Advisory Board For Solid I:i 1959, .'~Ir. McArdy wo~ccl with Mr. Waiter Zimphcr in do/doping thc Florida Bearing Ratio Test for thc Florida $~te Road Depzrtment ( now the Dcpas~nent of Translx'rrtation). The test is a method ofteatiag roadways in Florida ami is slill being used today. In 1960, Mr. IvtcAnty op~m~d his o~ ~ineedng firm. Servieea pCrfiarmed incl~led structural In 1970, Mr. Mc~ 90M hi~ ~tm tnd ~ccepted a position as vice president of the Development Coop. ia N~let, Ftork]~. Acfivitiea included design tn4 cotmruction of residental commu:fiti~ and golf' In 198:I, Mr. lst~Anly ope~d Mo',.:~ F. nginet~g & Design, Ia:. In the put 13 years the firm has d~sigt~l and p~-.Att~ti ov~ 13,000 dw~ling units and.residential lots, including four golf cotn~ cormtai~es. Work included zoning, de.~gn of water and s¢w~ fac~itle.% lard planning, I I TOT,,-~L p.ffi.? 14:10 1 941 ~ 9~:36 p.~ 0 ~ .--'2 FLO~tb~ WILDLIFE FEDERATION WHATIS THE FLORIDA WILDLIFE FEDERATION? The Federation is a private, statewide, non-profit citizen's conservation education organization composed of thousands of concerned Floridians fro're, all walks of life who have a common interest in preserving, managing, and improving Florida's fish, wildlife, soil. water, and plant life. Governed by a volunteer Boa rd of Directors that represent eight districts stretching from Ke~ West Jo Pensacola, the goal ol'lbe Federation is to be the leader in promoting through education and political action, the conservation, restoration, sound management, and wise and ethical use of Florida's natural resources, to the end that present and t'uture Floridians may Jive, work, and pursue traditional outdoor activities in an outstanding natural environment. MEMBERSHIP FORM IF YOU WANI TO JOIN WITH L;S IN WORKING [OR A flEIT[R FLORIDA, please detach and return this membe'rshlp form w~th your choice of membership catelo~ to Florida Wddhfe federal,on. PO Box 6R70. Tallahessee. fl. 32314-6870 [] Yes. I want to tom the Florida Wlldhfe Fe.derat~on m promoting the w,se use and management of the natural resources of Florida I undeH, tand I wdl begin rece~v,nf the monthly publ~cat~n. FIo~id~ F,sh a~ Wildlife ~s I Tear ~A,,sooate $ 25 $ 45 --~ $ponso~ $100 $190 ~ Cha~er tde ..~ flusme)s Sponsor ~_ ..... Corporate Sponsor S1,000 an~ up Enclosed fl m~ payment for $ Please charge my payment to ~ V~sa ~ MasterCard [] American [xpress Card NO Address CJly [] Gift Membership from State__~ Zip~ The Florida Wddhfe Federation Inc. seeks financial suppo~l and gratefully accepts donat0ons of in-kind gifts, grants. bequeSts, stock, life insurance, and tangible pr0~erties such as land. boats, and works of art to help suppO~ its conservation education programs FWF n an IRS approved 501 (c)(3) tax-exempt, non-profit corporation and contributions are tax.deductible to the eatent allowed by law 11 ! FLORIDA FISH ANDWILDLIFE NEWS... Membership includes a subscription to Ihe Florida Fish and ~,5'ildlife News, which is the official publicalion of/he Florida Wildlife Federalion. Each month the FFWN brings you ariicles about pressing environmental issues across the state as we J as interestinR stories a~ul fish and wildlife, and outdoor recreation activit es. The FFWN keeps the membership fn/DUC h with the action of the Florida Wildlife Federation, a nd provides a medium for members i'D share Iheir views with other mem bets, the press, a nd govern ment offic ia Is. Voting and Affiliate Representation As an individual member you are a 1so enliiled Io vole for 8 Associate Directors from the memt~rship Io serve on the Federation's Boa rd of gi reclors. As a member of an a ffilial¢cJ conservation organizalion your group would also have represenlation on/he Federation's House of De esates, as well as beth§ enlilled Io other membership privileges. FWF BELIEVES... · ..lhat the weJl'a re of fish and wildlife is in,parable from olher living things, including humam,. .,.lhal Wildlife is an indicalor of environmental quality-- and if properly managed can be a source of inspiralion and recreation. But, wildlife cannot survive where we/. lands are drained, waters poi uted or habilat o/hen,vise degraded or destroyed. ...that our life-supporting environment can on ly he pro- leclc'd through continued awareness, understanding, and action brought aleut by Federation members and con- cerned citizens. .,.lhat life and beauty, prosperity and progress del. x,nd on how wisely we use Ihe gifts of clean air, rich soil, pure waler, mineral weahh, and abundant planl and animal life. 10 3 TRADiTION Established in 1937, and incorporated in 1946, the Florida Wildlife Federation has a long history of working for Ihe citizens of Florida. The Federation was instrumental in the creation of the Game and Fresh Water Fish Commission in 1942 and has a Iways supported their constitutional status which serves to keep the politics out of wildlife management. The Federation drafted and worked hard I'or passage of legislation which established Florida's Conservation and Recreational Lands program IC.A.RL.) which has ac- quired thousands of acres lhal benefil Florida's fish and wildlife habitats and provide recreational opportunities. We continue to support expansion oflhis program as necessary due to Florida's population and development explosion. The Federation also supports numerous other conserva- lion endeavors throughout the state including... ...protection o1' wella nds, wildhfe habitat, and en- dangered species. ...acquisition of environmentally endangered or sensitive lands. · ,.constanl opposition to environmental pollution and waslewith a focus on clean air and water quality. ...encouraging environmenta I a nd outdoor education in Florida's schools. ...encouraging proper management of our natural re- sources, including fresh and sail water habilats and qale and national forests. ...support and developrnenl of traditional outdoor recreational opportunities for the public, including fishing, hunting, canoeing, hiking, bi rd watching and photography. HABITAT ACQUISITION... The Federation is constantly working for the pro~ection and public ownership ~f important habitat areas bolh fo~ lhe preservation of fish and wildlife and to provide in- creased recreation opl:yartunities for the sportsmen and women of Florida. Recognizing Florida's wetlands as one of our most impor- tant resources, because of both recreation and pollution control, the Federation sleps in at every available opportu- nily lo protecl these fragile ecosystems. Recrealion... The FWF believes in, and promotes fishing, hunting, camping, hiking, boating, bird watching, and other traditional recreational uses oflhe natural resources of Florida to the extent that such uses do not conflict with conservation and long lerm survival of these resources. 4 9 GOVERNMENTACTiON... Th(, FWF influen( ~,.s fish and wil¢llifl, i',,,m,., Ihroughouf Florida on both Jrx al and ",hit(. I(",'(.Is Ihrough admini,,fra- live and legislative., and a~, a J,lsl re',¢~n. ~hrough h'gal ( hanneJs. ()fi'i( ('rs, dir(.( h~r%. shift'and m('mJx.r% 14iv(. t('%tim¢ my fo le.~i,,lalive¢ ommilt(,e,,, s[)eak ,if pul)ii( he,trin~1~.~m ~ov('rnment~. We also work wilh Florida's Conl4re,,sional dele~,itfi~ ~n in Washin~lon in ( oniun( ti~)n with Iht, National VVihllit'e Foderalion on fe(h,ral h'~i',lalion ,it'/i,~ tin~ I'h~ridd,, 12B B¥I,AI?9 OF £LOIIIDA RXLDIoXFI: rEDEI1ATIOII 6ou~ F~ Oflcl 50~1Caste~ Dd~.. 8ull ~40 NaiVes, P,<xida 34103 Tel: (941) 643-4111 Article Article XXI: Article XXII: Article XXIII: Certlllcatlon P~'eamble Article l~ Hame, Corporate Offices, and Affiliation . . . Article II: Purpose ................... Article III; Hep,bership Article IV: GoveFnment Article V: Ilouse of Delegates Article VI: Doard of Directors Article VII= Execu61ve Committee ........... 11 Article VIII: Of Eicers Article IX; Duties of Officers a~td Directors ...... 12 Article X: Indemnification ............... Article XI: Election and Removal oE Officers a~{d Directors 16 Article XII: Employees Article XIII: Committees Article XIV: Past Chalrme~ls, Cot~nc{l .......... 19 Article XV: Life Hembers, Council ....... ' ..... 20 Article XVI: -Conflicts o~ Interest ........... 21 Article XVII: Disposition o~ Funds · ~cus anu AC=lvitles of c~e Federation'. ~. . · · 21 Article XIX= Ameildment or Suspens{on of Bylaws budget ..... 22 Rules of Order ............... 22 Heetlngs Motions and Resolutions ......... 23 FLORIDA MiLDnI£~' FED£RATION We, the members of the Ho ' . ~,ef~ra, tl~n0 believe thatU~e_Of D. elegates of tile Flo-*- -- p~oa are economi ..... '.u natural resourc .... ~a ~lldllfo perpetuated , .... -~, protected, wis ~uc~tlc assets acht ...... ~7~ our posterity. ~. ~3Y managed and USed, and state, and We therefore dedicate th~s Federation to these ends. Article ! Name, Corporate Offices, and Affiliation The name of tills organization shall be "Florida Wildlife Federation,, (hereinafter called the "Federation,,) Incorporated as a non-profit organization Under tile laws of the State of Florida. · It is The Federation,s Principal place of business shall be Within the State of Florida as designs of Directors. The Boar ted by the Federatloant, sa site establish such 6th ...... d of .Directors ma . Board BOard mau ~ .... -~ y~zices Within M .... Y fr~m time to tim ~ ~=='" appropriate for c.onduc~.'~.~a~e.Ot Florida as ~h~ ' '~"9 one Fe~eratlon~s af- '-"~ ralrs. The Federation Shall be affiliated With the Natt Federation. At each an F~d~zatlon,s lieu _nual meetin of onal Wildlife a~fll · se of Dele ales g the Federatlo to the National Wildlife F ...... -~zz~ate representat~'v~ and..alternative affl.~_, ederatlon. The affllla~'_ _ conclusion o ~ .... ~c.e representatlv u~ representative the Federatlfon''' reaeratlon,s annual meea,~h~l.,serve from the .... ~ uu ~ne conclusion of and appoint zor the affiliate representative or alternative affiliate representative In the event either ts Unabls to attend the National Wildlife Federatlon,s Annual Meeting. Article IX Purpose The purposes of tile Federation ~re: To promote conservation, marine life and Wildlife management, and environmental, protection; To protect, consez-ve, restore, and perpetuate the fish, Wildlife, mineral, s011, water, air, marine Wetlands and forest resources of the State of Florida;', To promote the wise use and management of all natural resources In the best Interests et present and future generations; To encourage the teaching of conservation, wise management and ethical use of natural resources, and outdoor recreational safety in schools and other Institutions of learning; To coordinate and unify all agencies, societies, clubs, businesses, and Individuals which are or should be interested in the restoration, protection, wise use, conservation, and scientific manageNent of nature! resources; To develop, promote, and support a comprehensive educational program based on scientific study and technical research for tile advancement, restoration, protection, wise use, management, and conservation of natural resources; To inform and educate the public through the dissemination of pertinent facts and theories that may contribute to the restoration, protection, wise use and management, and conservation of natural resources; To stimulate a proper public attitude and appreciation regarding the value, use, and management of natural resources; To cooperate with consez-vation and wildlife organizations and with other organizations, ag~ncies, businesses, and individuals having objectives consistent with these purposes; To promote public access to the natural resources of the State of Florida; To promote high standards of'sportsmanship a~d outdoor ethics; To promote good relations betwee~ landowners and those who utilize lands of the State of Florida for outdoor recreational purposes; and To protect and promote hunting, fishing, and other traditional recreational uses of the natural resources of this state to the extent that such uses are not Inconsistent with the other purposes stated herein. Article III Membership A. 9Ata/lftc~tlons, The members of the Federation may be Individuals, businesses, and organizations with an Interest In restoration, protection, wise use and management, and conservation of natural resources. All 128 applications for membership unall be accepted unless rejected as provided herein. R~egt3kQn o~ Membership Applications: Revocation Membermhlp In the Federatl,)n is an honor and a privilege. Membership applications may be rejected and memberships may be revoked for any lawful reason, including but not limited to the following: The applicant's or ~,ember's intentional or willful violation of established conservation practices or laws. The applicant's or member's engagement in activities which are prohibited by law. The applicant's or member's willful failure to perform a duty or task assigned to the applicant or member by the Federatlon's Board of Directors. 4. The applicant's or member's willful disregard or violation of policy set by the Federatlon's l[ouse of Delegates. 5. The applicant's or member's engagement in conduct which is Inconsistent with the purposes of the Federation as set forth in these bylaws. A membership application may be rejected or a membership may be revoked only upon recommendation to the I[ouse of Delegates by the Board of Directors, which shall notify tile applicant or member of its recommendation. Upon such recommendation, the application or membership shall be held in suspense, and shall be deemed Inactive, until tile llouse of Delegates votes whether to reject the application or revoke the membership. The ]louse of Delegates shall review the recommendation and shall give the applicant or member an opportunity to comment and present evidence at any duly noticed me~ting with a quorum present. The ilouse of Delegates shall then vote whether to reject the membership application or revoke the membership. When a membership application Is rejected or a membership is revoked, the applicant or member may thereafter make a new application for membership, which application shall be subject to the procedure set forth herein. There shall be three categories of membership: Business, and AFfiliate. Associate, There shall be at least four classifications of Associate members, as follows: 1 ' ~R_qJ~. This membership classification shall be open to any person w'ho Is less than 18 years oE age. Such members shall have no voting privileges. · 2, ~JBJJ~R~].. This ,embsrshlp classification shall be open to persons who are 18 years of age or older. Such members shall have voting privileges. 3. ~l~[]d[. This membership classification shall be open to the members of any family unit (husband and wife, husband and wife and children less than 18 years of age, father and children less than 18 years of age, and mother and children less than 18 years of age). Only those members of the family unit who are 18 }'ears of age or older shall have voting privileges. 4. ~6[~. This membership classification Is open to any person who Is 18 years of age or older. Such members shall havQ votlng privileges. Additional Associate membersht Implemented, or ~hasea ..... P -, s~lflcattons ma Executive C~...~_ ~ .u~u zrom t~me to time by ~h~ be adopted, ~''~uu"", ~um3ect to veto by the Bos~d'of Federatlon,s · Directors. · The dues for tbs various classifications of Associate members shall bm as adopted from t~ms to [~me by the Board of Directors. The services, ben, slits, and premiums to be provided bY the Federation to Associate members shall be as established from time to t~me by the'Executive Committee, subject to veto b~ a maJorlt~ vote of the Board of D~rectors. The Business membership category ~s open to any bus'ness, whether sole proprietorship, partnership, .or corporation, once Bus(ness membership classifications are adopted and Implemented by tbs Executive Committee. The Executive Committee may ad~pt, ~mplement, or phase out B~s[~ess membership classifications from tlmm to time, 'I_2B ~ubject to veto by the Board o~ Directors. Yhe dues for Business membership and its various classifications -- as well as the services, benefits, and premlum.s to be provided by the Federation) to Business members -- shall be established from time to time by tile Executive Committee, subject to veto by the Board of Directors. Any organization, composed of ten or more members, may become an Affiliate me,er of the Federation, subject to the provisions of these bylaws and to such other mtandards and privileges of affllta.tlon as may be adopted from t~me to tlme by the ]louse of Delegates. The classifications of Affiliate membership shall be as follows: Class A Af[il]atio~. Basic standards and privileges of Class A Affiliation shall be as follows: bo The purposes of the organization must be substantially similar to and not Inconsistent with the purposes of the Federation as set forth In these bylaws. The oYganlzatlon may not act in a manner which is Inconsistent with the 'purposes of. tile Federation as set forth In these bylaws. The organization may use tile words "Wildlife Federation" as part of its name. Each member of the organization shall be an Individual Associate member of the Federation, but shall not be required to pay dues to the Federation other than the dues paid by the Class A Affiliate organizatlo~ of which he or she ls a member. The organization shall, without charge and at such times and with such frequency as tile Federation's Executive Committee may request, furnish tile Federation with a list of the names and addresses of the organization's members. The Federation may use the list in any manner not Inconsistent with the 12B'l purposes of the Federation as set forth tn these bylawe. f. For each 250 members organization, or fractlo of the the organization shall ha of 250, ~(one one vote delegate) In the Federatlon,s ]Iouse of Delegates. The organization Shall designate delegate[s] In writing ove~ the signature of the organlzation,s Presiding officer, and the delegate[si shall have a copy such writing In hand to be eligible to Vote at any meeting of the Federation,s llouse of Delegates. g- The organization may hold Itself out as "affiliated with,, the Federation. h. The organization shall be a separate legal entity .from the Federation. The organization shall have no ownership interest In records, funds, and Propertle~ belonging to the Federation, and the Federation shall have no ownership Interest In records, funds, and properties belonging to the organization. The organization shall neither speak for nor act for the Federation Without rresldent or Chairman, or ~lthout the advance COnsenE of a member of the Federatlon~s Executive Committee or one of the Yederatlon~s Regional Directors (a Regional D!rector or Executive Committee member, Other than the C~alrman, must consult ~lth the Federatlon,s President or Chairman before giving' Such consent). ~. Basic standards and follows~ o£ Class B A~flllatlon shall be as a. The purposes of the organization shall be substantially similar to and not Inconsistent with tile purpoges of the Federation as set forth In these bylaws. bo co do eo The o~g~n Jzat:[on shatl, ~i'~hout charge and at such times and with such frequenc'y a~ the Federation,s Executive Committee may request, furnish the Federation with a list of tile names and addresses of the organization,s .members. The Federation may use the list in any manner not inconsistent with the purposes of the Federation as set forth in these bylaws. For each 500 members of the organization, or fraction of 500, it shall have one vote (one delegate) in tile Federation,s Ilouse of Delegates. The organization shall designate its delegate[s] in writing over the signature of the orqal~l zation,s presiding officer, and tile delegate[si shall have a copy of such writing Jn hand in order to be eligible to vote at any meeting of t~te Federation,s }loUse of Delegates. Tile organization may hold itself out as "affiliated ~ith" the Federation. The organization shall be a separate legal entity from the Federation. Tile organization shall have no ownership interest in records, funds, and properties belonging to the Federation, and the Federation shall have no ownership interest in records, funds, and properties belonging to the organization. The organization shall neither speak for nor act for the Federation w[thout the advance consent of the Federation~s President or Chairman, or without the advance consent of a member of the Federation,s Executive Committee or one of the Federation,s Regional Directors (a Regional Director or Executive Committee memb.-r, other than the Chairman, must consult With the Federation,s President or Chairman before giving such consent). P leges of Ciasa C.Afflllatlon aha11 be as follows: a. The purposes of the organization shall not be Inconsistent with the purposes of the Federation as set forth herein. b. The organization shall, without charge and at such times and with such frequency as the Federatlon,s Executive Committee may request, furnish the Federation with a list of the names and addresses of the organlzatlon,s members. The Federation may use the list in any manner not Inconsistent with the purposes of the Federation as set forth In these bylaws. c.The organization may hold Itself out as "affiliated with', the Federation. d. The organization shall be a separate legal entity from the Federation. The organization shall have no o¥;nershlp Interest tn records, funds, and properties belonging to the Federation, end the Federation shall have no ownership Interest in records, funds, and properties belonging to the organization. The organization shall neither speak for nor aqt for the Federation without the advance consent of the Federatlon,s President or Chairman, or without the advance consent df a member of the Federatlon,s Executive CDmmlttee or one of the Federatlon,s Regional Directors (a Regional Director or Executive Committee member, other than the Chairman, must consult with the Federatlon,s P~estdent or Chairman before giving such consent). The dues for Affiliate members shall be as adopted from time to time by 'the Federatlon,s ~louse of Delegates. The services, benefits, and premiums provided by ~be Federation to the Affiliate members shall be as adopted from time to time by the Federatlon,s Board of Directors. The Federatton,s House of Delegates may from 8 t.l , 2B me to time adopt [Urther standards end ~ affiliation, provided th "tandards and ~r~..,,_ ey are not In .... ,_~ P. rlvl. leges of ,- ~-~*eges as se~ forth here~?~ent ~tth those The Federation shall be governed by Its llouse of Delegates, its Board of Directors, and lt~ Executive Committee. The powers and duties of each such body are as set forth In these bylaws. Article V house, of Delegates Tile ;louse of Deleoates hall be the Fade , ~onservatlon POlicy ~a s Y. Conserv Shall be rigs. plea Dy the Ilouse of Delegates There shall be no limit o Delegates. Ilow ....... n the number of b - Affiliate .o.~_~-%~%' z~s members s]~,, ,me~ ~rs uf the ;louse of ...... -. oeIegates, In ad,itto. Directors, one delegate from /he ~- --e tederatlon,s Board ' Federatlon,s Life Members, Council and one delegate from the Federatlon,s Past Chairmens, Council. A quorum of the House of Delegates shall be 15 delegates. There shall be no Vote by proxy. Article ¥! Board of Directors The Board of Directors shall direct, manage supervise, and control the business and financial affairs of th~ Federation. The Board of Directors shall also engage in appropriate to carry out the purposes such activities establish conservation ..~_. , of the F-~ ..... as are the /louse of Del...~.- r-~*uy In the lnte~- ~_.-~=~auxon and to -' ...... sub3ect to r.~l~etween meetings of Delegates at Its next m ...... =oxon by the liou~e ~e established bv tile ~J~g'- Interim conse n of any mOtion so n~ ..~ ~-[u ot Directors rvatl~ ?o}lcy shall propose ~. ~_ 5.s-=~ snail be wr/~__ .by motion oul a _ d .~ uae HOUse -- ~-. . -~=n in re--,--=, Y P Seed. "~ ueiegates at g .... f~?ion form end it ,,=au meeclng. The Board of Directors Shall have 27 member glonal Directors ....... ~ . , ~mmedlate Pas , ~-u=~Kn=een District Dlrectors~ 12B A majority of the Board of. Directors con'~tltute a quoru=.' [ directors) shall The re=bets of the Board of D fderatl n, annual meetln feot rs shal.1 be elected ~ne COnClusion ~ ~. =, e__ each dlre~- ---.. at the elected to th; ~,~.,t%nua~ meeting at ;,~%% ';'~i~se_r~_. fr~m event of a __ ~,u. or the next ...... t.... ~lrc~tor is · vacancy In the ---. _ -.hud& meeting. Committee ahal' .... u£zice or Choir-- .... - I.. the * ue~ermina which of the t~-22".~7"' ~n% Executive ,,~=u vtce-cnalrmen shall se.rye as the Interim Chairman until the next annual me subject to ratification b the of any other vacant, -- ~. _Board of Directed. ,_ ~. sting, Co= lttee may B ard of Dlrect %-' ratlflcat{~. ~ .... -?u~ncy ~or the u .... ~ .... [ '"= ~xecuclve --., ~ one soars of Directors. ..-^~-*=u ~erm, subject to In the event of emergency, the Board of Directors may vote a~d act by telephone poll or written ballot, subject to ratification by motion duly passed at the Board,s next meeting. Such emergency may be declared only by the Executive Committee by majority vote or by any thirteen Board members by written declaration submitted to tho Chairman. . · Tho Board of Directors may, by majority vote, appoint or select a President, define his duties, authority, powers, and compensation; and such President shall serve, at the w111 of the Board of Directors, aa chief executive officer of the Federation Me~bers of the Board of Dlrecto ~or their services as sucl- ?r~ shall not' reaelve com-ens ~xecutlve Committee --- ,., .But may make aDnli~.~-~ . d~on Incurred In con- _. ~ur. reimbursement for e-~ .... .u. ~o tile section wl~h ~_~ ..... xpenses reasonably Federation as members of the Board of Directors The Execut -., --~zr Perzormance of services for the Comzlttee may from time to time ado-t an~ · i lye r u implement policies, standards, and guidelines for such reimbursement and shall, ia any event, have complete discretion With respect to ra denying, In whole or in part, applications 'o ..... ~. sting or ~ ~ ,uca reimbursement. There shall ba four Regional Directors for each 'of the four regions set forth In the maps of Florida which ara attached hereto as Exhibits A and B and lncprporated her~ln by reference. Each Regional Director shall reside In the region which he or she serves. If the nominations do not Include candidates who are so qualified, the Positions may be filled by persons who do not so qualify bu~ who reasonably may be expected to represent the Interests of the region or rdglons In question. In that event, the title of the person occupying the position shall be Acting Regional Director. . There shall be tvo District Directors for each of the nine districts set forth In the maps of Florida which are attached hereto as Exhibits A and C a'nd Incorporated herein by reference. Each shall reside In the district which he or she selves. If the lO 12B nominations do not Include c ' posit/one may be fil ..... andidate= who are reasonably may be ~J_~l:)e~sone ~ho do so q~allgled, tlr. no~ so qualify but -~-:u ~o' represent the interests of the district or districts in question. In that event the title of [he person occupying the positions shall be Acting Dlstrick Dlrecbor. ' Ar~iclo vii Executive Coeal~toe The Executive Committee shall direct [he business and linen affairs of the Federation in th c Board of Direct ...... e Interim betv ...... iai The ~ ........ v~u, subject to v-*~ ~_ L~ ~=. ~eetlngs of tile tn t~;=~J~e_~o~mittee shal~ als~t~[,[~ eoaro o~.Dlrectors. ~ .... ~c&zm oec~een ~eetin-o -~ _ -~*~o conserva:1on . ~u ve:o ~y the Board ~ n~__L~" ": the Board of Oir -~-- po~cy~ The ~embere of ~he £xecutive Committee aha1! be the Federation,s Chair~an, three Vice-Chairmen, Immediate Pas~ Chaiz-man~ and tvo directors appointed by tile Chairman and approved by the eoard of Directors. The Federation,s President and the llational ~l!dlife Federatioh~s Southern Regions! Executive she1! be ex officio members, but sha!l not be entit!ed to vote. Five members of the Executive Committee shall co~stitute a quorum. Article VIII Officers ?he officers of the Federation shall be the Chairman and bhree V/ce-Chairmen. The o~ficers shall be elected at the annual meeting and shall serve from the conclusion o~ that annual meeting to the conc~usion oi ~he next annual meeting. Beginning v/th ~he first nomlnablons follovln ~he 1987 annual meeting, all nominees for ,,._,__ g Federatlon~s of prior service on the Board of Directors, ab 2east one year oi ~hlch must have been as an ofilcer. ~,,~*rman must have t~o years Uo person may serve as Chairman for more than tvo consecutive years: however, after an interim of one year or ~ore~ any former Chairman may be re-elected Chairman. 11 Duties of O£f~csrs an~ Directors' The Chairman shall preside at all meetings of the Executive Committee, the Board of Directors tile I[ouse of Delegates, and the members. Tile Chairman shall generally represent the interests of the Federation, to the extent consistent with the purposes set forth herein; The Chairman shall, within two months after taking office, designate ~hlch of the Vice-Chairmen shall assist the Chairman In the following areas: Administration, Finance, and Records. The Chairman shall, within a month after taking office, appoint committees and committee chairmen as required or permitted by these bylaws, and shall, within office, determine that es-' ....... fou~ months after taking ~,, uumml==ee has an organizational meeting and Is functioning properly. All proposed motions and resolutions shall be submitted to the them to the appropriate comm t 5hair man, who shall refer ! tees for zeview, research, comment, and recommendation, with such recommendations to be reported to the B~ard of Directors or the llouse of Delegates, as the case may be, before a'vote Is made on the proposed motion or resolution. The Chairman shall ensure that all committees are fully prepared to report at the next meeting Qf the ~oard of Directors or tile House of Delegates, as tile case may be. The' Chairman shall prepare an agenda for each meeting of the Executive Committee, Board of Directors, and Ilouse of Delegates, and such agenda shall be published In advance of the meeting as part of the notice of meeting. The Chalrma~ shall call meetings to order, limit discussion to pertinent topics, and follow accepted rules of parliamentary procedure, The Chairman shall perform such other duties as are authorized and directed by the Executive Committee, the Board of Directors, and the House of Delegates.' The authorities and duties herein assigned to the Chairman may be delegated or re-assigned by him, In whole or In part, to any member of the Board of Directors and to any committee aut~lorlzed or Permitted by these bylaws. Upon leavlhg office, the Chairman shall turn over to his successor all records, funds, and properties which came into s possession In connection with his duties as Chairman. hi 1. Each of the Vice-Chairmen shall be e~tual in rank and stature. . 2. Each of tile Vice-Chairmen shall assist the Chairman In the Performance of the Chairman,s duties, and shall Perform such other duties as the Chairman may delegate to the Vice-Chairman. 3. Each of the Vice-Chairmen shall assist' the Chairman one of the follow~ng areas, as a. ~~io~. . The Vlce-Chal~an shall. In the absence of the Chal~an, preside at each meeting of th~ Executive Committee, the IIouse of Delegates, and the members. The Vice-Chairman shall assist the Chal~an ~tth the Chair , respects, except as provided otherwl,~aP:%..~uties t~ all other below. ~= ~- ~uDparagrap~s 3b and 3c The V~ce-chai~an shall, at Federation e~pense, furnish a fidelity or ~uretF bond for h~s faithful performance h~s duties, and the bond shall be In such amount as shall be f~xed by the Executive Committee. The Vlce-chal~an shall receive all mon~es of the Federation and shall pay all indebtedness incurred by the Federatlo~ whe~ evldence of ~uch ~n Vice-Chairman accom shied ~ted,ess IS submitted to th officer or a~en ~. _~ ~_ _ b~ .P?per warrant si ned . e ~ t .... r ~e ~eslgnated by the ..... ~ _. by such ~u~ru o~ Directors. The Vice-cha~an shall review the Federation,s monthly f~nancial statements and report on the Federat[on,s financial condi~ion at the meetJn~s of the Executive Committee, the Board of Directors, and the llous~ of Delegates. The reports shall be In writing and shall be provided to the members of the Executive Committee at least one week in advance of Executive Committee meetings, to the members of the Board of Directors at least two weeks In advance of Boa . of the House of De~---~ .... rd meetings, and to t , m meetlnns .~ ~_ .. -=~ues at least two w h_ ember~ .... -- ,~ouse. The Vice- t,-I ..... eels in advance C-.~*~-,~u may at any time examine all financial records of the Federation, which maintained at the Federat[o , records shall be Vlce-Chal~an h~l~ , ........ n s principal off~ce. The s ....... ~ve the Federation,s books audited annually, and shall report the f~nd[ngs of that aud[t to the Board of Directors and the House of Delegates at the Federatlon,s annual meeting. 13 The authorities and duties herein assigned to the Vice-chairman may be delegated'and reassigned, part, by the Vice-Chairman, subject to ratification of the Board of Directors. The Vice-Chairman shall keep the minutes of the meetings of the Executive Committee, the Board of Directors, and the Ilouse of Delegates. The Vice-chairman shall see that all notices of meetings arm given In accordance with the provisions of these bylaws. The Vice-Chairman shall be respons'lble for maintenance Of the Federatlon,s general records, tncludlDg correspondence flies, resolutions flles~ motions flies and membership lists and records., The authorities and duties herein ass Vlce-chairmaB..~ay be delegated a.A __ . lgned to he part, th. ' ce-Chairman, in Whole or ti of Directors. .. ~v ~c~lcatlon by the Boar~ 4. Upon leaving office, eec _ explain the procedures a ~..~,__ _h_.Vice Chairman shall fully nd ~u~.e~ o£ his office to his successor, and shall turn over to his successor all records, funds, and properties which came Into his possesslo~ l~ com,ectlon with ],is duties as Vice-Chairman. The Regional Directors sh and .its purposes with/_ LL ~11 generally promote t s e ',~- ~nelr e '= re~eraEloR a~dc~!~lly P~Omote Federation fu~.t~lye regions, and shall wlthl~'i~e%c, educational actl;~"ff~,ln~d "~mbershlp expanslo~ respec:lve re. Cons· _. . conservatio o . coordinate the ,.~_,~, ~ , The Re 1o __ O p Ilci -~-~v~c~es a a g hal Dlru~tors their respective re~ n. n efforts of the Dlstr n. .... sha~l Tbs Regional Directors shall aubm'l~ vrltten reports to the Chairman at such times and With such frequency aa the Chal~-~an may request. Upon leavln9 office, each ~eglonal Director shall ex Procedures and duties of his o la turn over to ~,- fflce to hi ..... P In the '~ successo -- -uucessor a which came iht ~- r. all records , ~d ~hal! Regl°nal Dlr~c2o~'.*' POSsess,on In .conne~tii~n~i~ha~sP~f~J;~ 14 The District Dlrector~ shall assist the Regional Directors in their respective regions. The District Directors shall monitor the condition of the natural resources In their districts. With respect to consez-vation policy, the District Directors shall serve es liaison between the Federation and the members of the Federation In their districts. The District Directors shall promote Affiliate membership to organizations in their respectiv~ dlstr~cts, shall promote good relations ~etween the Federation and its Affiliates In those districts, shall promote Associate and Business membership In their districts, and shall' promote good relations between tire Federation and Its Associate and Bus,ness members In those districts. Upon leaving office, each District Director shall explain the procedures and duties of his office to his successor, and shall turn over to his successor all records, funds, and properties which came into his possession in connection with his duties as District Director. Article x lnde~,niflcat[on The Federation shall Indemnify each and every director or officer or former director or officer of the Federation and each and every person who may have served at its request as a director, officer, trustee, or partner of any corporation (whether for profit or not-for-profit), trust, partnership, or other enterprise, his heirs, administrator, executor, erson ~?al ~preeentattve against a~ -~-%~ r~esentatlve, or other ~easonaDly~ end necessarll.- .--- .~?. ~ expenses actually, ~ znuurre~ Dy nlm In connection with a~y actual or threatened action, suit, proceeding, inquiry, or investigat~on In which he is or could be made a party by reason of being or having been such a director, officer,, trustee, or partner, except ~n relation to matters as to which he shall be finally adjudged ~n an action, suit, or proceeding to be liable for negligence or misconduct tn the performance of a duty to the Federation. Any question arising under or out of th~s Article shall be determined by a quorum of the Board of Directors of the Federation, with such quorum to consist of directors who are no~ parties to or involved In any action, suit, or proceeding ~n which one or more concurrent or former directors or officers is a party, after receipt of the written opinion of independent legal counsel. If a quor[%m cons~sting of directors who are not parties to nor 12.9' Involved in an action, ~uit, or proceeding is not obtainable with due diligence, the final determination shall be made by indepel,dent legal counsel selected by the [louse of Delegates at an annual meeting or at a special meeting called i~ whole or in part for that purpose. Each and every person who is serving or who has served aa a director or officer of this Federation or as a director, offlcer~ trustee, or partner of any other corporation, trust, partnership, or other enterprise at the request of this Federation, including but not'limited to trustees, officers, and directors of the Florida Wildlife Federation Endowment, Inc., shall be deemed to have done so or to be doing so in reliance upon the right of indemnification provided for in this Article, though that r~ght shall not be deemed e~clusive of any other rights to which such person may be entitled by law, other agreement, a vote of a quorum of disinterested directors or, if such is not obtainable, pursuant to the written opinion of independent legal counsel selected by the House of Delegates. This Article shall be interpreted and applied to provide the broadest protection and right to indemnification permitted by law. Article XI Election and Removal of Officers and Directors A. MultiPle Offices or Directorships. No person may hold more than one office or directorship at. one time. B. Election. Nominations for officers and directors shall be made at the meeting of the House of Delegates preceding the annual meeting. Nominations for each office and directorship shall be made by the Organizational Affairs Committee. Additionally, nominations may be made from the floor by any member of the I[ouse of Delegates. Only Associate members of the FederatioD may be nominated for office or directorship. Nine District Directors (one for each district) shall be elected by the Associate and Business members. Nominations for those nine District Directors shall be published to the Associate and Business members in the form of a ballot at least 30 days prior to the annual meeting. Such ballots shall be received by the Federation,s principal office no later tha~ fifteen days prior to the annual meeting; otherwise, the votes on such ballots shall not be counted. The ballots ~ shall be tabulated by the Federat~on,s employees, verified by the Organizational Affairs Committee, and announced at the conclusion of the other e~ections. The nine District Directors so ~lected shall be the nomlnees who 12B received the most votes and neither declined ~helr nomination nor were elected to another office or directorsh~p. The officers, the Regional' Directors, end the other nine District Directors shall be elected by the l{ouse of Delegates st the annual meeting. If the nominee~ for any such position have declined their nomination since being nominated, then nominations may be proposed from the floor by any member of the House of Delegates prior to the election. The election shall be by secret ballot and majority vote where there is more than one nomination for ,ny such office. All nominees shall be elected by a majority of the votes cast. Co Any officer or director ~f tile Federation may be removed with or without cause, upon remdval being proposed by any eight members of the }~ouse of Delegates in writln to . ~{~lrm~tive vote of two-thirds of 2._ _~ Chairman, and after -,,~ members of the llouSe of uexega:es present at any meeting of the llouse of Delegates, provided at least ten days advance written notice is given to the officer or director whose removal Is the llouss of Delegates, and to ..... ~o~ed, to each member of :ovl d t,,at the of,icer or membes,.and further well as a ~ose removal Is pro osed ny proponents and opponents of such removal, arePglve~ an opportunity to be heard at such meet ~s.~roposed, the offlc .... ~__ . ln~. Whenever such remov oUtXes and sha~, ~ .... e. ~h- u~.~eccor snail be rell--o~ -- -~ ~__une~.,Iouse of Delegates ~cts ~:' :~ ~,cer or director ~*~, ~e Board of Directors --- -. use P~oposed removal; ~um,_r~-~nstate such duties and ,~%~t-~_ unanimous vote of a ,,uuse o~ Delegates. '"'"~x~¥ penuing action by the Article XlI Employees The President Is an agent and employee of the Federation. No employee of the Federation may hold an office or directorship in the Federation or serve as a member of the llouse of Delegates. The President is authorized to a . with the approval of ~ ........ ppoint, from time to time. the Board of DI~--~--~"" ~xeuuc~ve Committee sub4__~ ~_ ~ a~d · O__ ~ ~,,uze ¥1ce Presidents, a Secretar and Assistant Secretaries, a Treasurer and Assistant Treasurers, and other employees as the President deems necessary or advisable to the work of the Federation. Persons so appointed shall be employees of the Federation, shall serve at the will of the President, and shall have Such duties, authorities, and powers as may be defined by the President. Such employees shall, at Federation expense, furnish bond in such amount, if any, as the 17 l' President or Executive Co~ittee may require loc faithful performance of the duties assigned to them, The compensation of all such employees shall be set by the President end, through the budget process, subject to control by the Board of Directors. Artiole IIII Committees The Federation shall have the following standl'ng committees: The Ex,curly9 Commi~t~9. The Orqanizationa] Affairs Commtttg~ shall determine the identities of those entitled to vote at any meeting of the {louse of Delegates, determine and record the outcome of any such vote, make nominations for officers and directors, determine whether persons qualify for nomination, supervise the election of officers and directors, determine and record the outcome of such elections, assist the members and other committees with matters of procedure, and make recommendations regarding interpretation and amendment of thes.a bylaws. The Vice-Chair-man (Records) shall be the chairman of the committee. The Ways and M~B~__~ shall review all budgets proposed by the President, shall make recommendations thereon, shall assist the President and the Executive Committee in presenting a proposed budget to the Board of Directors, .shall review all proposed fundraising projects, shall make recommendations thereon, shall make its own fundraislng proposals, shall supervise all fundrals~ng projects and events, and shall assist the President in reporting the results of all fundraislng projects and events. The Vice-Chairman (Finance) shall be the chairman of the committee. ! T~i~~D C0~tte~ shall promote membership growth and member relations, and shall make recommendations regarding membership dues, premiums, services, and benefits. It shall have two subcommittees -- the Subcommittee o~ Affiliate Membership and the Subcommittee on Associate a~d Business Membership. The members of the Subcommittee on Associate and Business Membership shall be the eight District Directors e%scted by the Associate and Business members. The members of the Subcommittee on Affiliate Membership shall be the eight DIstric~ Directors elected by the House of Delegates. The Vice chairman (Administration) shall be the chairman of the Membership Committee, The Leqi~l~tive ~4 Governmental RelatioD~ Committee ~hall promote, or assist members and Affiliates l~ promoting, the Federation,s conservation policy before the various branches and agencies of government. It shall make recommendations to the lB Executive · 1 2 B Committee, Board of Directors, and llouse of Delegates regarding Proposed governmental regulations and legislation. Pro~ote the Federation and its ~u .... · ~ Lp~ses to the general pL~ubl shall ~hall Propose, Implement, and Jo and oupet-vise educational programs and DroJects, tire dlssemlnatloll of literature, and the publication of nevsletters. scien~ anal! ~evlev and perform · FuL-" an~ recommendatlon~ thereon, and provide ac,demic, scientific, and technics! expertise to the Federation,s committees, governing bodies, and President. sch edulln, meet._--~J~d2c~L~ ~hali assist Dele,~..= ,~ ~g~ o~ the Board the President In = .... , zn selecting the sites ;~r Directors and the lIouse of such ~eetingS to the members and general public, and in :~ such meetings, tn promoting n~f~ting ~rograms at such meetln.~ .- preparing .,,~Lu~ experlen ........ . ~- -~ that ~ ~ur cna participants, they Will be Comml~- There Commltte ' ..~e_n~ya!..eglonal CommlttJ "" a Southern .e Ions s~... -egtonal Commits.. ~y'=~? ~eg~onal each shall be the Regional Director for that region members shall be the Dlst .... ~ne chairman of chairman of ..~ _.. ~lct Dlrecto _ · ~ddttlonal T e .... such commltt rs for that re 1o he Regional Commlttee~ m ,1, ~_ may appoint eddit! g nf_ The h .... ~s~st the Re~io--..,~n~l m~mbers. performance of their duties. = "~ uxreccors In the The Federation shall also have such ad hoc committees as may be appointed by the Chairman from time to time. The Chairman shall be an - (except the E~ecutlve __, e~_of~icio member of all committees Co ...... xtt~ o£ which he Is otherwise a member) and shall be e~t[tled to Vote Jn committee. The President Shall be an ex-officio member of all do~Ittees, bu~ shall not be entitled ~o ~ote In co~Ittee' Members of the committees shall be members of the Fed rtgh~ In co~lEtee to make -,uciono, participate, and vote. ~ll nave the Each committee shall report to the ChaJ~n at such times and Wl~h such fre~ency as the Chef.an may request. Article Past Chalraens, Council There shall be a Past Chalrmens, Council which shall consist of the past Presidents (prior to the 1987 annual meeting) and past 19 Chairmen of the Federation. elect one of its members to quorum for the Past Chair mens, of Its members. The Past Chalr~ens~ Council shall serve as Its presiding officer. A Council shall consist of a majority The Past Chair mens, Council shall have one vote In the Federatlon,s House of Delegates. Tile Past Chair mens, Council shall designate its delegate In writing over the signature of the Past Chair mens, Councll,s presiding officer, and such delegate shall have a copy of such writing In hand to be eligible to vote at any meeting of the Federatlon,s llouse of Delegates. The ~ast Chalrmens, Council shall have authorlt to r' condition and official acts of t- . Y evlew the recommendations to the E .... ne. Federatlon and Directors ~ ........ xecuclve Commltte _ .make tek ...... 3~=-=upon whenever the o> ~ e or th, Boara of the'~;e~%~%~..°_n'_que~tlon, or ob~ec~aj a~n~L%%tns' Co~.cll shall .... , -~,vu committee or the ~ .... '? -~cion or inaction of ~?,rf?ns, council shall reduce-~?l~ o: Dly?ctors. The Past ~e~ to ~ritlng and shall serveZ~che:~'°n, question, or :z~zng snail be presented by the Chal~i~g~on the Chairman. Committee or tile Board of n. ..... the Exec next meeting. --~uuors, as the case may be, Past Presidents .(prior to 1987 annual meeting) and past shall not be required to pay dues to the Federation, and Chairmen lndivJdual Associate members of the federation, shall be Article ~ Life Hembera, Council There shall be a Life Members, Council which shall consist of all Life Associate Members of the Federation. The Life Members~ Council shall elect one of Its members to serve as its presiding officer. A quorum for the Life Members, Council shall consist bf the majority of Its members. The Life Members, Council shall have one vote In the Federat~on,s Ilouse of Delegates. The Life Members, Council shall designate its delegate In writing over the signature of the Life Members! Councll,s presiding officer, and such delegate shall have a copy of such writing In hand to be eligible to vote at any meeting of the Federatlon,s House of Delegates. The Life Members, Council shall have authority to Condition and official acts, of the Federation review the recommendations to the Execut make Directors thereu ..... lye' Committee or ~h. and · ~ whenever the Life Members! Coun Board exception, ~l~ shall take question, or object to any action or Inaction of the Executive Committee or the Board of D~rectors. Such exceptio~, 2o ' , 1' Hembers' Council, which shall serve such writing .on the Chairman. Tile thairman shall present sbch.wrltlng to the £xecutlve Committee or the Board of Directors, as the case may be, at its next meeting. ArtiCle Conflicts of Interest Whenever any committee, the Board of Directors, or the Ilouse of Delegates is to vote 'on an issue with respect to which one of Its members; the member's employer, business associate, or family member has a significant economic Interest, there is a potential conflict of interest, and ~he men, er should abstain from such a vote. If a member believes 'that a conflict of interest exists, tile member re expected [o disclose such interest and abstain. In those instances where there Is a perceived conflict, but no disclosure, or where the member cannot determine if a conflict exists, the matter shall be referred to the Organizational Affairs Committee, which shall rule thereon. Nothing herein shall preclude voluntary disqualification without the necessity of referral tO the Organizational Affairs Committee. If the Organizational Affairs Committee determines that a conflict of interest exists, the member In question shall abstain from voting on the matter involved. Article XVII Disposition of Funds In tile event of dissolution of the Federation, all assets shall be distributed to the National Wildlife Federation, a corporation which is exempt under section 501(c)(3) of the Internal Revenue Code of 1954. If at the time of dissolution of the Federation, the National Wildlife Federation.does not have the exemption as described above, all the residual assets of the Federation shall be turned over to one or more organizations which themselves are exempt as organizations described in sections 501(c}(3) and 170(c}{2) of the Internal Revenue Code of 1954, as the Code or those sections may be amended or replaced from time to time. ArticIe XVIII Political Candidates and Activities of the Federation At no time shall the Federation end6rse or recommend any candidate for any elected public office. Notwithstanding any other provision of these bylaws, the Federation shall not carry on any activity not permitted by a corporation exempt from federal lncome tax under section 501(c)(3) of the Internal Revenue Code of 1954, 21 or as the Code or thab section may be' amended or replaced from time to time. ' ~end=aat or Suspension of Bylaws Any member of the Board of Directors propose an amendment to these bylaws, or }louse of Delegates may ~uczce he IIouse ~f tw?-thirds Vote of t These bylaws may be amended , by written publication of Delegates after advance prior t6 the day on whi of the proposed amendment 30 days the [louse of Do, .... ch the amendment is prese to each Affiliate member, ~ach member of the .... nted_for Vote at -ouse. og Delegates, co the Past Chalr=ens~ Council, and to the Life Hembere! Council. "Publication. Shall be dee'med to occur Upon mailing or Upon hand delivery. These bylaws or any part hereof ~a three~fourths (3/4) ma · of the ;;ouse of Del.~~~°rity vote of the ~,~e. suspended by a ~es. ~=zegates at any meeting Artlgle ZX ~udget The President shall submit a proposed budget for the next fiscal year to tile Executive Committee at least sixty days in advance of the Board of DJrector,s meeting Executive Committee shall t Prior to the annual meeting. well as /ts own recommendatiOnS,present that proposed b The meeting Prior to the annual to the Board of Dlrect~dget, as meeting, rs at its present the proposed budget, together With the recomm..~_~, hen The Chairma~ shall t the Executive Committee Board --~-u~cions of of Delegates at the annuaaln~;lng for final approval, },ouse of Directors, to the lrttcla Il! Rules o£ Order All meetings of the Executive Committee B ~~3_~, Shall govern, of conflict · - ~ne event Article XXI! !!! E;iecut':~ C°mmlttee ~ha,,. mee, at leas, re, ,lmes each year. e e~ ~;yE~;c.C~O. nducted .und held by telephone conference, Once each quarter, uczve Committee must meet in person at least 22 The Board of. Directors shall meet at least three times each year. One o~ its meetings must bp held at the s~me time as the Federation'~ ahnual meeting. Meetings of the Board of Directors ma~ be called by the Chairman, by the Executive Committee by majority vote, or by written request of thirteen directors, and the Chairman shall duly schedule and give notice of any meeting so called. The l{ouse of Delegates shall meet at least twice each year. One of its meetings shall be held at the same time as the Federation's annual, meeting. Meetings of the llouse of Delegates may be called by majority vote of tile Board of Directors, and the Chairman shall duly schedule and give notice of any meeting so called. The Federation~s annual meeting shall be held in September of each year. At that time the Board of Directors shall set the dates for the three Board of Directors meetings and the two llouse of Delegates meetings required herein. There shall be at least thirty days written notice of all meetings of %he Board of Directors, unless such notice is waived by three-quarters of the members of the Board of Directors. There shall be at least thirty days written notice of all meetings of the Ilouse of Delegates. "l~otice" shall be deemed to occur upon mailing o~ upon hand delivery. Article XXlI! Motions and Resolutions All interim action taken by the Executive Committee shall be reduced to ~riting and presented to the Board of Directors at its next meeting. Such action may be vetoed by tile Board of Directors by motion, duly passed. Any action of tile Executive Committee not so vetoed shall be deemed ratified. All official action taken by the Board of Directors shall be by motion duly passed. Motions may be made by any member of the Board of Directors. Proposed motions must be submitted in writing to the Chairman or Vice-Chairman (Records) not less than fifteen days prior to the meeting at which the motion is to be proposed. Motions.not submitted on or before tile fifteenth day preceding the meeting of the Board of Directors (i.e., emergency motions) shall not be considered unless two-th~rds of the members of the Board of D~rectors present at such meeting vote in favor of such consideration. Whenever the Board of Directors ~hall adopt interim conservatl,~n policy by motion duly passed, the motion shall thereafter be reduced to writing in the form of a resolution and proposed to tile Ilouse of Delegates at its next meeting. If such resolution is not 23 adopted by majority vote of the ilouse of Deiegates, tile interim conservation policy reflected therein shall be deemed rescinded. Resolutions may be proposed 6y any member of the Ilouse of Delegates. Proposed resolutions must be submitted in writing to the Chairman or Vice-Chairman (RecOrds) not less than fifteen days prior to the meeting at which the resolution is to be proposed. Resolutions not submitted on or before the fifteenth day preceding the meeting shall not b~ considered unless two-thirds of the members of the ilouse of Delegates present at such meeting vote Jn favor of such cons~dera.t~on. CERTIFICATION The undersigned hereby certify that the foregoing bylaws were approved by tile Ilouse of Delegates, at a duly noticed regular meeting at which a quorum was present, on the 12th day of July, 1987, and that the foregoing bylaws were subsequently amended by the l[ouse of Delegates, with tile amendments incorporated in the foregoing bylaws, at a duly noticed regular meeting at which a quorum was present¢ on the 9th day of July, 1988. Chairman -i,'~lluI ?i'm-K~fser ' Vlcd-Chairman, Records 24 12B 1~ 12B 1' I certify lhe attached is a true and correct copy of the Articles of Incorporation, as amended to date, of FLORIDA WILDLIFE FEDERATION, a corporation organized under the laws of the State of Florida, as shown by the records of this office. The document number of this corporation is 720685. 5051 Casteeo Ch'~. ;S~tO 240 ~ l ~ ~ 1 ~ Tel (941) 6434111 coTporar/o~, SC vis un~tmously resolved Chic Che corporacio~ · (Corl>or~:e Sell) ACCost:. 1 Sec re tlc? ]..2B ~ . ~e ~eraL ~tu~ o ~?~'.~ thie Oo~nt/on i~ to a~ o~ such other or&~l~tLo~ ~t ~or~F~t al ere lo.rested in t~ oo~e~ation of the flora ~.'fa~ ~i~ the 8~te ~ To fora a ~ent central ~ or~i~t~on, ~ prate ~ ~ assist in the co-o~tioa off t~ 1/ldlife~oonse~atLon~ ;es~ratlon a~t ~n~ent work oF existi~ aasoolatio~ ~ other ~oup8 or~n/~ for li~ obJeotll of ~ citi~nl of t~ 5~te of Tlori~ a~ ot~r aut~rltlea ~ MenoLes in t~Lr e~ea~ors ~ TO c~lnsta the e~orta o~ the ~edera~ ~ooolationa oF FLofL~ ~Lth t~ e~ort~ ~ activities, vLthLn the State oF Tlor/~ ~tlo~l ~ of like objects. INC. .LTd. 1 '2 B hwi a~ re~htiou ll~',t~ 8p~ Of 7lor/~ for e~eot~ti~ t~ obJeoM a~ye O~tli~. ' ~ or~/so ~ direct l~rts~*l ~hltl witch t~ o~ Y~o~2~ Iuoh ~nteaU ~loula~ to create ~ ~ the several e~rtmn o~ t~ 8P~ off Florl~ ~ t~ a~unoo- merit o~ ~2r Foster,ye o~l~ ~ ao'o~pL2o~en~ To zat~r a~ ~88~to ~o~t~on with ~a~ot Sm ~ all ot~r Wildlife ~ Senerally ~ ~r~to t~ · e~l as nonores~dont 8~rtuon wlt~n the 8tare off value of t~ fish, g~e ~ ot~r wild life as an ~set attraotl~ to the ~ople cf t~ S~te of Ylorl~. To e~rage the tea~nG In t~ several so~o~ ~ other l~titutlo~ cf le~l~ wi~.t~ ~ of t~ value ~e~atl~ of t~ ~t~ ~souroes of the 8~te. ~ el~bll~ ~titution for'or e~r~e e~stX~ i~titutio~ of lo--lng In t~ solent~lo ot~ of wl~o ~ its e~o value ~ ~e 8tare. To ~ all such ao~ neoessa~ or convenient to at~ a~ put. sea herein oo~ forth, ~ t~ ~ extent a~ ~t~al person ~u[~ or ~ht do, a~ aa are ~t fortldden law or ~y'th~a ~r~r or ~y the ~-~ws of thA8 ~r~ration. To ~ro~seo leases hol~, receive ~ g~ft, devAle or ael~ ~rtsaGep or othe~ilo acquire or ~.~se oF such real or perso~L pro~rty aa ~y ~ neoela~ to the put. see oF thio 1 eb~ere b ~ ~re~~ or my ~/~'"t~ ~ ~ M a~vM ~or · xeouti~e ~ttee ~y, ~ acoo~e wAth the ~-~, pro~l~e for t~ creation ~ ~f~ia~, ~r~ or l~e ~bers~ps for ~r~ cr ae~cciatAc~ ~tereat~ la t~ ~eee~atlon ~e ~s a~ reslde~oes or t~ subaor/~r~ ares J~co J. M~rp~ 1844 ALIanLa ~a~L O. ~l~ $84 May aLree~, ~noksonvlllo,pla' ~OM ~. Ttlllnzh~ i~O Pearl Street, Jacksonville,. The fl~anotal, tAaoa~ ami oorpcra~e alfalfa ~e m~ra of ~ ~ e~l ~i8~ of a ~epresen~lve fr~ ea~ ~r org~l~L~. ~o al~e~ea s~LI be eleo~ a~L~ ~ ea~ ~a~o~Lve aaa~la~Lou, ~ either re~eaen~ ~s ~oola~loa, Do~ s~ll mawr of &he 3oar~ I~ll ho~ ~fLoe u~bil ~he fol~L~ annul me~- Aris of ~e ~ of ~ye~ra, or ~ ~z~ o~ ~ve~a ~1~ e~ob lel.~ TLoe-2~ai~ea~. I~ll ~ Laol~e~ ~ el/gible person ~ eaoh ooneu~aLlou Qla~rAo~, ol n~ or ~er ~ef4~ ~7 ~ ~gla~ure of ~lorl~. ~e T~aaurer, ~veyer leloo~, ~r~. ~e ~s~ I~11 eleo~ a Seore~, w~ nee~ no~ ~ a a~er st ~he ~a~ o~ Ooye~ra, a~ nee~ ~ ~he Oor~ra~lon ~ ixeou~lve ~ee ,e~en (7} ~raona, f~r (4) or ~l s~ll co~Gl~u~ a quos, who, when ~ ~ari of Core--rs ~. oo~ exerolae all ~he ~erl of ~he ~ Ya~lea uhloh ~Z ooour lo ~he nexG a~ual eee~l~ or un~ll his auooe~aors qua~fle~. 4 ~, ~ ~ ]~1~=~ O~ ~t or ~ent AIKOiat/o~ or ~ ~ ~~, ~~ to t~ ~.~, t~e o~loe~ to be eleo~ The name· of the officers who are ~o Banage the affairs of the Oorporationuntll the first anmdal meting of the Boar~of Oovermor· or until tlielr luooeesom are duly eleote~ and qualA£1ed al'el PAUl, 0. MAII~ MAC~ X. FI4I~I~:~HAM FRAIS( VI(~-P~IIN~T The ~ate o£ the first annt~aX hosting of the Board of Ocvermcre and o~ the neubera of the Oorporatloa mha~l be £ixed am~ deter~tne~L in the by-laeru o£ the Oorporation, ·n later adopted according to t~ie Oh~rter. The by-laws of this Oorporatlon ~ay be adopted, amended, altere~ or reacinded by · three-fourths ?ore oF the Boar~ oF ~ve~ preaent n~_ vot/n~ at ~y a~l or regul~ meetly, or at any s~olal ~etln~ duly oallet For t~t ~ur~se~ or In such other ~er as ~y ~r~ratlon ~ hol~ ~1~ not ( t~oo,~.~} ~. ' ~ ~e IoX~ oonYeye~ ~~A~ lease*or ot~Loo dLl~8~ of ~Y reoolut~ a~opt~ ~y a m~or~ty aot~ of the ~srd of ~ve~re ~st ;~e o~ t~ C~cu~t ~urt 8~ttl~ 1~ the Co~nt7 ~u ~ch su~h real each of t~ o~loera and ~oTe~ors of this Gor~ration. ~e ~ the ~ra, ~yo~ or ~or ~ debts of t~e Oor~tt~. ~ ~'~ ~~ ~e salt subecrl~r. ~ve her~to let [ ~TX~ a Co~ratJo~ ~ ~o~ p~t~ ~o~ the ~ii8 I e~h o~ t~ I~ t~t. it ~a ~nte~ Jn g~ faith ~ o~ out the ~.."' ~, D~.~, f ?... . ' ~ ~ I'M, ,,~ ~t~ ~e'U~e~L~ne~ OLrouLt ;u~e o~ the Fourth J~oXaL CirouLt o~ T~or~p ~D I~ For ~Tc~ ~ounty~ ~e8 here~ certify that the forezoinG ~s~ ~rter of'~ ~~~TION', a ~r~ratlon ~ot for ~f~t ~v/n~ ~ln fou~ ~ ~ In ~r fora ~ for an obJeot aut~rLs. OOqJNTY OF DUVAI. .? eey~eel e~F of a feeelullee duIF aec ael. %el/em~ ~le lede~ellNe · (I) To reeelye by lire, Iraal, dewIoe, keq~eet, (~) I~eet or eppei~t I r~eeldeet f~ ~ I~oif wi I 12B ITATI OIr /1~%%DA ; L ~OKCIAN SL~UGIi'TEJL. Ck~k Orcd~ C4~t DIPAIITMINT OF ITATI 1977, ~C~I~AJ~Y OF &'TATI not for ~rofLt sh~ll have p~rp~tul and to per/~tGite and'oouferve th4 fLeh, v~ldl~fe, mineral, ooll, To ee~gura~o tbs t~io~Lug of cce~orva~lou Odu~Btf~u IA O££OFtl Of ill or~hlt~ i I~oI ~g~l~ for 1~ ~ ~e. INN, ~ld, r~elu ~ gaff, d~Lse or ~t; gell, ~rtgage, or o~LBe diablo o~ ~1 ~ r~l ~ty, aa My ~ n~M~ ~ aohL~e ~ obJ~L~l of ~1 Th~ Bembera 0£ thio cor~oratlou sh~ll be f~dlvlduals, orgAn/sod nc~ P~oely for oo~er- ~ are ~mo ~ o~ ~r~m org~/s~ ~ a a~b hs~. ~/or ass~iat/~a ~ la~. Ltl ~lqs ~ Ob~tlvtl. ClalnOl OE ~rsh/p shall asa/ate, ~trofl, s~ing, ~a~iotor~ ~ ~rator. ~ b ~ S0~(o)(2) ~ 170 (~) The Itroet sttrell of fbi r~lio#rod off/os of thio oorp- orotLoa La 4000 ~ ~ll, ~, ~ot Pa~ hGh, fflor/~ 33407, ~ ~ of ~ r~/st~ e~t of ~Xf ~rttfon et eo~t vl~h ot~r Beabor- --~ ........ a 8~t of ~/fAoa~ ~ ~t/oflm ~11 ~ t~oee Irt/~oe ores ATI'£NI'ION R£SIDENTS OF cllIANGET~£E, ,NORTH GOLDEN GATE ESTATES AND BIG CORKSCREW ISLAND: / The civic association would like to know your opinion as to whether a new planned "unit development of 275 homes on 1488 acres, with a golt' course and horse trails" (in the Pipers Pasture area of CR 846) would be an asset to the community at large. Please indicate how you feel about this issue - RI-TENTION - RESIDENTS OF ORANGETREE, NORTH GOLDEN GATE ESTATES AND 1BIG CORKSCREW ISLAND: The civic association would like to know your opinion as to whether a new planned "unit development of 275 homes on 1488 acres, with a golf course and horse trails" (in the Pipers Pasture area of CR 84§) would be an asset to the community at large. Please indicate how you feel about this issue - No ATTENTION - RESIDENTS OF ORANGETREE, NORTX GOLDEN GATE ESTATES AND BIG CORKSCFIELU ISLAND: The ciuic ~s.~ociation would like to know your opinion 3s to whether: new planned "unit development of 275 homes on 1488 acres, with a golf course and horse trails" (in the Pipers Pasture area of CA 846) would be an asset to the community at large. Please indic~lte how you feel about this issue - __Da ATTENTION - RESIDENTS OF ORflNGETREE, NORTX GOLDEN GATE ESTATES AND BIG CORKSCREW ISLAND: The civic association would like to know your opinion as to~.//,..~ ,'~/~,~ whether a new planned ""unit development of 275 homes on 1481~ acres, with a golf course and horse trails" (in the Pipers Pasture area of CR 846) would be an asset to the community at large° Please indicate how you feel about this issue - ~Date Sig.nature ' Yes No R.'F[ENTION - RESIDENTS OF ORAHC~ET~EE, NDRTk GOLDEN GATE ESTATES AND BIG CORKSCREW ISLAND: The civic association would like to know your opinion as to whether a new planned "unit development of 275 homes on 1488 acrp. s, with a golf course and horse trails" (in the pipers Pasture area of ER 846) would be an asset to the community at large. Please indicate how you feel about this issue - -1 ~NO~ 12B A1-1'ENTiON - RESIDENTS OF ORANGETREE, NORTH GOLDEN GATE ESTATES AND BIG CORKSCREW ISLAND: The civic association would like to know your opinion as to whether a new planned "unit development of 275 homes on 1488 acres, with a golf course and horse trails" (in the Pipers Pasture area of CR 846) would he an asset to the community at large. Please indicate how you feel about this issue - 1 __Date :ig No__ ATTENTION - RESIDENTS OF ORANGETREE, NORTH GOLDEN GATE ESTATES AND BIG CORKSCREW ISLAND: The civic association would like to know your opinion ~ls to wh~:ther a new planned "unit deuelopment of 275 homes on 1488 acres, with a golf course and horse trails" (in the Pipers Pasture area of CR 846) would be an asset to the community at large. Please indicate how you feel about this issue - On August 26, 1997, I talked with Mildred at the Bureau of Administrative Code with regards to Ordinance 97-29. At that time, I explained that some cf the pages within the PUD document were not correct, but the ordinance itself was fine. She indicated to me that I could simply send a letter of explanation and attach the correct pages which would be attached to the already existing PUD ordinance in Tallahassee and they would mark through the incorrect Dage$. On this date, I did exactly as Mildred indicated which means that the correct ordinance regarding Twin Eagles should now be correct. Maureen Kenyon 3301 I:as~ Tamlaml Trail · N~pk.s, Fk~'ida 34112-4977 John C. Norris (941) 774-8097 ' Fax {941) 774-3602 D~m'k~ 1 Dis~rk~ 2 Timo~f I. D~ltz~:t 4 Barbara B, Ben3, Dbl~:t 5 Auqust 26, 1997 Ms. Liz Cloud Department of State Bureau of Administrative Code 401 S. Monroe Street Elliot Building Tallahassee, Florida 32399-0250 Dear Ms. Cloud: RE: Ordinance 97-29, Twin Eagles Golf and Country Club Pursuant to my conversation with Mildred on this date, I am enclosing Pages VI-3, VI-4, VI-5, VI-6, two exhibits and a copy of the certification page, which needs to be exchanged in Ordinance 97-29 that was previously sent to you on July 24, 1997. There was a clerical mistake made and pages from the draft ordinance were copied and inserted into the final ordinance which were not the correct pages of the ordinance that were adopted by the Board of County Commissioners. Also, when Ordinance 97-29 was filed with you, I believe it also had two page VI-4. Please simply replace all pages &fte~ VI-2 with the attached pages. Thank you for your time and cooperation in this matter, and I apologize for any inconvenience this may have caused. Very truly you~rs, Maureen Kenyon Supervisor Minutes and Records 6.6 WATER MANAGEMENT 6.7 The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Detailed paving, grading and site drainage plans shall be submitted to Project Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Project Review Services. An excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. The Petitioner shall submit a copy of the SFWMD permit application to Collier County Development Services Engineering Stafffor review and comment. The Petitioner shall show the route of the off-site discharge leaving the parcel south of Immokalee Road (from the project boundary to the receiving canal) on the Conceptual Water Management Plan. UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: The Developer shall be responsible to design and construct, operate and maintain at its own cost from the PUD property, a sewage force main and potable water main, and any necessary appurtenances, east, for connection to the potable water and sanitary sewer facilities operated by the Orangetree Utility Company. Upon request of the County, the force main and water main shall be conveyed at no cost to the Collier County Water-Sewer District at such time as the County elects to provide water and sewer services to the PUD property. The developer shall install, operate and maintain interim sewage treatment and potable water treatment facilities, until such time as County facilities are available to serve the PUD property. When County facilities become ~'vailable, all customers of the interim facilities shall be required to connect to County facilities, and thc interim facilities shall be abandoned, removed and dismantled at no cost to the County. 6.8 ENGLNEERING A. The development of this PUD Master Development Plan shall comply with the Collier County Land Development Code. as amended. VI-3 6.9 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Sta~f.. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. Buffers shall be provided around wetlands, where possible, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and average twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with tile State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff. The Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (TGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on-site, a Habitat Management Plan for those protected species shall be submitted to Current Planning EnVironmental staff for review and approval prior to Final Site Plan/Construction Plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approval. The Petitioner shall submit a copy of the Environmental Resource Permit (ERP) application and resubm[ttals as well as copies of comments submitted to the South Florida Water Management District (SFWMD) by the Florida Game and Fresh Water Fish Commission (FGFWFC) and the United States Fish and Wildlife Service (USFWS), for copy to Collier County review files. This shall be submitted at the time of Plat/Plans or Site Development Plan submittal. Fifty percent (50%) of the entire project area must remain, be enhanced, or be restored to natural area', with native vegetation, said standard shall be satisfied by the following provisions: !) Eligible acreage (areas ora minimum of 0.2 acres); a. Natural areas preserved on site; b. Enhanced or restored wetlands or uplands; c. Recreated uplands or wetlands on existing agricultural/disturbed areas; d. Ten percent (10°A) ofconstructed lake areas; e. One hundred percent (100%) of natural lakes; f. Natural areas and pastureland used for passive recreation; VI-4 ' For the purposes of Ibis PUD, "natural area" shall be defined to be a vegetative communiiy, consisting of native vegetation, which occurs nanu'ally, or may be man made to mimic natural conditions and/or functions. 1:1.81 g. Residential and common areas, including areas adjacent to or within golf courses, planted with one-hundred percent (100%) native vegetation in groupings or contiguous with natural and preserve areas; h. Natural areas contiguous to project lands, C]~EW lands, or natural areas contiguous to CREW lands. 2) Ineligible Acreages: a. Golf courses, tennis courts, basketball courts, clubhouses, and other active recreation uses; b. Ninety percent (90%) of constructed lakes; c. Mowed common areas; d. Mowed residential areas and turfgrass; e. Residential areas planted with any exotics; f. Roads, sidewalks, entire parking areas, paved areas, and medians. 3) The development may meet the fifty percent (50%) criteria by compensating for the loss of agricultural farm fields or significantly disturbed lands with the purchase of CREW lands or lands adjacent to CREW lands, or lands adjacent to project lands on a l:l ratio or greater. Such strategies must consider restoration and maintenance costs. 4) S) Direct payment for acreage may be made to CREW according to the South Florida Water Management District's schedule of mitigation costs. Less than fee simple method of preservation of CREW lands or lands adjacent to CREW may be used, e.g. conservation easements. Such strategies must consider restoration and maintenance costs. Development of any amount of existing natural areas within the project must be compensated with the purchase of CREW lands on a 2:1 ratio, and must provide for restoration and maintenance costs. The Preserve Tract, as shown on Exhibit "A", PUD Master Plan, located on the westerly property boundary in Section 17, and Preserve Tract located on the southwesterlymost boundary of Section 17 will be connected with a vegetative corridor which serves to maintain the existing connection to off-site natural areas. A management plan shall be developed, and filed with the County, for wide ranging species which addresses the following: 1) 2) A plan to address potential conflicts between humans and wildlife (e.g. bears roaming through residential areas), including animal relocation policies. The appropriate use offences, walls and other obstructions to encourage wildlife to use natural corridors. 3) An education program that informs potential and existing residents about coexisting with wildlife in the area. 4) Safe highway and roadway crossings for wildlife must be addressed. In accordance with the South Florida Water Management District Environmental Resource Permit Rules, the long term viability and hydrology of the preser,~ed natural areas shall be maintained. There shall be prepared, and filed with the County, a golf course management and maintenance program that addresses habitat enhancement, wildlife conservation, water conservation, waste management, recycling, energy efficiency, appropriate use of pesticides and fertilizers, and education, such as the guidelines for "Signature Status" established by Audubon International's document entitled, Sustainable Resource Management Guide For Golf Courses. 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for a construction site office and model center. 6.11 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. 6.12 LANDSCAPE BUFFERS, BER31S, FENCES AND WALLS 6.13 6.14 Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the TwinEagles Golf and Country Club PUD, except in Preserve Areas. The following standards shall apply: A. Landscape berms shall have the maximum side slopes: 1) Grassed berms 3:1 2) Ground covered berms 2:1 3) Rip-Rap berms I:1 4) Structural walled berms may be vertical B. Fence or wall maximum height: nine feet (9'), as measured fi.om the finished grade of the ground at the base of the fence or wall. For the pu~ose of this provision, finished grade shall be considered no greater than eighteen inches (18") above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the fence or wall shall not exceed six (6') in height from the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3:1, 2:1, I:I, or vertical). C. Pedestrian sidewalks, golf cart paths, bike paths, equestrian riding trails, water management facilities and structures may be allowed in landscape buffer areas. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building perm/t application. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowner's associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a pollin8 place if determined to be necessary by the Supervisor of Elections. VI-6 TwinEagles Golf & Country Club 'A' A- ii'HO Y-,. I~1'AT'I:3 -p- TRACT 'CFC A- kiHO 'A' TRACT 'p' A- 1~i0 TRACT 'CR' A- {~[0 ~ P' , N.T.S. /~ TRACT' .¢TRACT 'p' cFC. ~/ PUD GROSS DENSITY ¢~_/ 1 D.U./5 AC. O 1374 AC. - 275 D.U. ~~[ s~c~o~s ~,~o.~ ~ ~o ~ A-~O ~ 'A' ~~ 310 I I I I I Irrlllllll II IIIllllllllll '111111f[11 '[ilIIIIII r~lll~lll STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-29 Which was adopted by the Board of County Commissioners on the 22nd day of July, 1997, during Regular Session. WIT~ESS my hand and the official seal of the Board of County Co~unissioners of Collier County, Florida, this 24th day of July, 1997. :., ....'i.. '...? . '. ~IG~ E. BR~K · .? . [tu~:~'.~',.' Clerk of Courts and~e~:'~.':~:~) ',. ~.~ '. Ex-officio to Boar~: 9f'.'l' '~, ~.'. '. ' %.%' Cowry Co~issioners'.."' ... :."~ . ,'. '~ ~ ~: Maureen Kenyo~ '".'. / ??' :%~" .~ ',.'.' S . ""' ' ~ ~puty Clerk .' ,, .~ '.. ....~,-..'.~ FLORIDA DEPARTMENT OF STATE Sandra B. Mortharn ~,crt,ta~, of State DIVISION OF EI. ECT[ONS Augusl 28, 1997 I -Ol Honorable Dwight E. Brock Clerk Io Board of County Commissioners Collier County 3301 Easl Tamiami Trail Naples. Flor.da 33962-49'77 Attention: Maureen Kenyon Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of August 26, 1997 and copy of Pages VI-3 through VI-6 inclusive and two exhibits for Collier County Ordinance No. 97-29. which were received in this office on August 28. 1997 and added to the above numbered ordinance. Sincerely. Liz Cloud, Chief Bureau of Administrative Code LC/mw Enclosure · n-UREAU Of AI)MINISTRATIVE CODE The Elliot Building · 401 S;,toh Monroe Stree! .' Tallahas~,e, Florida 323trq-oz=,o · (9OI.) 488-8427 FAX: (904) 488-7869 * WWW Address hltp'.//www,dos.state.fl.us · E-Mail: ch'crion@mail.dos.sh~h':ll.~s ORDINANCE NO. 97- 29 lkB 1 A/~ ORDINANCE AMEND!::G ORLINA2:CE t4~dBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH iNCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNiNCORPOP3.Ti'D AREA OF COLLIER COUNTY, FLORIDA BY ~<ENDiNG THE OFFICIAL ZONING ATLAS ~.P Nb~BEP, S 87293~} and 482728; B':' C}{~GI~G THE ZONING CLASSIFICATION OF FIfE HEREI~ r;ESCRIBED PEAL PROPERTY FROM "A" RURAL AGRICULTU9]~L ~D WITH A MOBII. E HOME OVERLAY (MHC} TO "PUb" PLANED UNIT DEVELOPMENT KNOWN AS TWIN EAGLES GOLF ~4D COUNTRY CLUB FOR A ~IM~4 OF 275 DWELLING UNITS FOR PROPERTY LOCATED ON THE NORTH ~{D SOUTH SIDES OF I~O~LEE ROAD (C.R. 856), IN SECTIONS 17, 20, 29 & 30, TOWNSHIP 48 SOUTH, ~NGE 27 EAST, COLLIER COU:;T'f, FLORIDA, CONSISTING OF 1374.09 ACRES; ~D BY P~QViDiNG A2: EFFECTIVE DATE. WHEREAS, Dwight Nadeau of McAn!y Engineering & Design, Inc., representing James R. Colosimo, Trustee for the Ultimate Land Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT CRDAi~:Ei' ky the Board of County Commissioners of Coii~er Countv, Florida: SECTION ONE: The zoning classification of the herein described real property located in Sections 17, 20, 29 & 30, Township 48 South, Range 27 East, Collier County, Florida, is changed from "A" Rural Agricultural with a Mobile Home Overlay (MHO) to "PUD" Planned Unit Development in accordance with the TwinEagles Golf & Country Club PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Numbers 872930 and 482728 , as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall becor~e effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AT%EST: D~I~.T E. BROCX~ CL~X BY: TIMOTHY/. H~ANC'OCK, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJO~IE M. STUDENT ASSISTANT COUNTY ATTORNEY f/PUl-97-3 ORD! ;ANC£/ -2- 12B 1 TWINEAGLES GOLF AND COUNTRY CLUB PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING TWINEAGLES GOLF & COUNTRY CLUB, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: ULTIMATE LAND TRUST JIM COLOSIMO, TRUSTEE 4099 N. TAMIAMI TRAIL, STE. 305 NAPLES, FLORIDA 34112 PREPARED BY: McANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAMIAMI TRAIL, STE 202 NAPLES, FLORIDA 34113 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL July 3, 1997 July 22, 1997 97-29 LIST OF EXIlIBITS AND TABLES 12B i EXHIBIT A EXHIBIT B TABLE l TABLE II PUD MASTER PLAN SIDEYARD NATIVE LANDSCAPING PROJECT LAND USE TRACTS DEVELOPMENT STANDARDS STATEMENT OF COMPLIANCE 12B I The development of approximately 1374 acres of property in Collier County as a Planned Unit Development to be known as Twir'£agles Golf and Country Club will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of TwinEagles Golf and Country Club will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property for development is within the Agricultural/Rural Mixed Use Designation as identified on the Future Land Use Map as provided for in Objective I, Policy 5. I, and as formally interpreted to be consistent pursuant to Community Development and Environmental Services Division Interpretation 1-96-7, dated December 2, 1996, from which no appeal was filed. The project development implements Policy 5.6 of the Future Land Use Element through innovative design, efficient utilization of open spaces, and conservation of environmentally s;msitive areas. The project development design, incorporating very Iow intensity residential component, extensive preservation of natural areas and expansive open spaces, ensures compatibility and complements existing and future surrounding land uses as required in Policy 54 of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3. I.H and L of the Future Land Use Element. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project density of one dwelling unit per five gross acres is in compliance with the Future Land Use Element of the Growth Management Plan based on that same residential density being the maximum allowed for lands within the Agricultural~Rural Mixed Use designation. 12B i SECTION I PROPERTY OWNERSIIlP AND DESCRIPTION 1.1 1.2 1.3 1.5 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of TwinEagles Golf and Country Club. LEGAL DESCRIPTION The subject property being 1,374.09 acres is described as: Section 17 and Section 20, Less and Except the South 100 feet of Section 20 and the Northwest Quarter of Section 20. Township 48 South, Range 27 East. Collier Cocnty, Florida, and The West Half of the West Half of Section 29, Township 48 South. Range 27 East, less the i~orth 10(', feet for road right-of-way purposes, and less the West 30 feet thereof for road fight-oFway purposes, and The Southeast Quarter of the Northwest Quarter of Section 29, Township 48 South, Range 27 East, less the East 30 feet for road right-of-way purposes, and The Northeast Quarter of the Southwest Quarter of Section 29, Township 48 South. Range 27 East, less the East 30 Feet for road right-of-way purposes, and The West Half of the Southeast Quarter of the Southwest Quarter of Section 29, Township 48 South, Range 27 East, and The Northeast Quarter of the Northeast q/uarter of the Southeast Quarter of Section 30. Township 48 South, Range 27 East, said land lying, being and situated in Collier County, Florida. PROPERTY OWNERSIIIP The subject property is currently under the ownership of the Ultimate Land Trust, James R. Colosimo, Trustee. PIIYSICAL DESCRIPTION This project lies within the Big Cypress drainage basin and just outside of Water Management District Number 7. The existing drainage pattern of the site is to the south, where runoff enters the Immokalee Road Canal. As storm patterns vary, the runoff then flows either east or west in the canal depending on the path of least resistance (hydraulically). In recent history, the flow direction has been primarily to the west due to a conduit crossing under Immokalee Road restricting flow to the east. When runoff flows in a westerly direction, it is tributary to the Cocohatchee River, with ultimate outfall being the Gulf of Mexico. When runoff flows in an easterly direction, it is tributary to the Gordon River via the Golden Gate Canal System, with ultimate outfall being the Gulf of Mexico. I-I 12B 1 1.6 1.7 Water Management for the proposed project wiil use an interconnected lake system with hydrologic connections to preserve areas associated with the project. Existing elevations within the project boundaries vary from 12-15 NGVD with the average grade being 14.5 NGVD. The site is located in flood zone 'D' as indicated on FEMA panel 120067 0225D. The soll types on the site include tlolopaw fine sand (approximately $6%), Riviera fine sand, limestone substratum (approximately 19%), Boca, Riviera, limestone substratum and Copeland fine sand depressional (approximately 15°/o), Oldsmar fine sand (approximately 6°/°), Basinger fine sand (approximately 1%), llolopaw fine sand limestone substratum (approximately 1%), Ft. Drum and Malabar High fine sand (approximately 1%), Immokalee fine sand (approximately 0.5%), and Chobee, Winder and Gator soils, depressional (approximately 0.5°/o). Soil characteristics were derived from Sheets 16 and 21 from the Soil Survey of Collier County Area, Florida. issued by the U S Department of Agriculture (Soil Conservation Service) in January 1990. PROJECT DESCRIPTION The TwinEagles Golf and Country Club PUD shall be a single family residential development with diverse recreational amenity opportunities. The amenities proposed to be provided in the project include, but are not limited to two 18 hole golf courses and related s.ppor~ :acilities, potential equestrian activity center and related support facilities, structures and areas to provide social and recreational space, lakes, natural and landscaped open spaces, and a diverse variety of passive and active recreational opportunities. Each individual single-family lot will be served with either well and septic systems, or centrally provided potable water, sanitary sewer, electric power, and telephone, Additional services will be provided as deemed appropriate. Prior to commencement of construction of the residential development or recreational facilities, the agricultural use of the property shall be allowed to continue as provided for in Sections I[, I11, IV and VI of this document. SIIORT TITLE This Ordinance shall be known and cited and the "TwinEagles Golf and Country Club Planned Unit Development Ordinance". 1-2 12B 1 SECTION il PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the tracts included in the TwinEagles Golf and Country Club development, as welt as other project relationships. GENERAL A. Regulations for development of TwinEagles Golf and Country Club shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at Ihe time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of TwinEagles Golf and Country Club shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of other sections land development code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, from the County Land Development Code, at the earliest or next to occur of either Final Site Development Plan, Final Plat approval, or building permit issuance applicable to this development. F. Prior to commencement of construction of the residential development or recreational facilities, the agricultural use of the property shall be allowed to continue. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS The project Master Plan, including layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be three land use tracts, portions of which may include water management lakes or facilities, and private street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". II-I 12B 1 TABLE 1 PROJECT LAND USE TRACTS TYPE UNITS ACREAGES; TRACT "A" RESIDENTI AL 275 310 TRACT "CR" COMMONSXRECREATION 0 759 TRACT "P' PRESERVE 0 305* * Additional conservation lands (>115 acres), will be resultant from environmental permitting, and will occur in the CommonsW, ecreation Tract as provided for in Section IV of'this document. B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor medification to all tracts, lakes or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private, etc.) shall be established within or along the various tracts as may be necessary. 2.4 2.5 MAXIMUM PROJECT DENSITY A maximum of 275 residential dwelling units may be constructed in the total project area. The gross project area is approximately 1,374.09 acres. The gross project density, therefore, will be a maximum of I dwelling unit per 5 gross acres. PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Development Plan, the Collier County Subdivision Code, and the platting laws &the State &Florida. B. Exhibit "A', PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 &the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of' land as provided in said Division prior to the issuance of a building permit or other development order. II-2 12B 1 2.6 The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat, in conformance with the requirements of Division 3.2 of the Collier County Land Development Code, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities The golf course and related support facilities, including construction trailers and golf course maintenance facilities, may be developed prior to the approval of Subdivision Construction Plans and Plat, subject to approval of an Early Work Agreement by Collier County Development Services Staff and the Board of County Commissioners. Use of the golf course may not occur until the required plat is recorded, all support infrastructure is completed and preliminary acceptance for tim improvements is granted by the Board of County Commissioners. LAKE SETBACK The lake setback requirements described in Section 3.5.7. I 2flhe Land Development Code may be ,'educed with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. 2.7 USE OF RIGIITS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 7.3 C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, righls-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this ordinance establishing TwinEagles Golf and Country Club PUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within TwinEagles Golf and Country Club, the developer shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 11-3 12B 1 2.10 MODEL IIOblES AND SALES FACIi.ITIES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the TwinEagles Golf and Country Club PUD. except in Preserve Areas. and except as provided for herein is subject to Division 2,4. Division 2.5, and Section 2.6334 of the Collier County Land Development Code Five (5) model homes, and a sales center shall be permitted in conjunction with the promotion of the development, subject to thc following: A, Five (5) "dry" models may be constructed prior to recording of a plat. Location is limited to future platted single family lots B. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. C. The sales center must obtain approval by and through the Site Development Plan Process unless a Preliminary Subdivision Plat has been approved, wherein a Temporary Use Permit may be pursued. D. Prior to recorded plat(s), metes and bounds legal descriptions shall be provided to, and accepted by, Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations, and models constructed pursuant thereto shall conform to applicable minimum square footage's, setbacks, and the like, as set forth herein. E. Access shall be provided Io each "dry" model from the sales center. Access may be via washed stone roadways (paving prohibited) given the potential plan to locate the sales center on the south side of the Naples-lmmokalee Road Access to the sales center may be provided by a washed stone road or temporary driveway, and shall have a supporting parking lot. F. Sales, marketing, and administrative functions are permitted to occur in the designated sales center within the project, only as provided herein. G. The sales center may be serviced by a temporary utility system with ultimate connc~ction to a central system, lnterior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model borne, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. 2.11 FILL STORAGE Fill storage is generally permitted as a principal use throughout the TwinEagles Golf and Country Club PUD. Fill material generated from golf course lakes and proposed water management areas may be stockpiled in areas within the project boundaries in accordance with Section 3.2.8.3.6 of the Collier County Land Development Code, except as provided for herein. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (3 5) feet II-4 lib ii C Fil[ stockpile areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than Four Feet over future residential lots which are depicted on an approved Preliminar3' Subdivision Plat, no fencing is required. D. Soil erosion control shal~ be provided in accordance with Division 3.'7 of the Land Development Code, and stockpiling retained for periods greater than 90 days be seeded with grass. If fill is spread to a height less than four feet over residential lots which are depicted on an approved Preliminary Subdivision Plat, erosion control is required, but no seeding with grass is required. E. Fill storage shall not be permitted in Preserve Areas. F. Fill storage and stockpiling shall be permitted as a pan of a golf course Early Work Permit, and prior to platting or Site Development P[an submittal. 2.12 PRELIMINARY SUBDIVISION PLAT PIIASING Submission, review, and approval of Preliminary Subdivision Plats for the development may be pursued in phases to correspond with the planned development of the property. 2.12, REQUIRED ENVIRONMENTAL PERMITTING hVhere the development of land within TwinEagles Golf and Country Club PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits as may be required prior to final development order approvals for the land specifically requiring such permit. Construction approvals from Collier County may be phased to allow construction of portions of a particular use that do not impact lands which require an environmental permit, provided that such environmental permits have been applied for and are under review by the appropriate agencies, and subject to the understanding that it is the developer's sole risk if such permits are not finally issued to allow completion of the proposed use. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Subsection 3.9.5.5.3. of the Collier County Land Development Code, a minimum of 25% of the viable, naturally functioning native vegetation on site is required to be retained. The total area of viable, naturally functioning native vegetation within the PUD boundary is 456.6 acres, therefore, 114.1 acres are required to be retained. This requirement is fully satisfied within the Preserve Area and other areas within the PUD. Approximately 90°/0 of the viable, naturally functioning native vegetation will be preserved. 2.15 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code, and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the PUD District on the Official Zoning Atlas would be governed by the adopted development regulations and PUD Master Plan. Where development standards contained in this PUD document are set forth by reference to the Land Development Code, at the time of adoption, and are made to be less restrictive by future amendment(s) to the Land Development Code, those less restrictive standards shall apply to this PUD; otherwise, lhe standards in effect at the time of adoption shall apply, unless a specific section states to the contra~ 11-5 12B I SECTION II! RESIDENTIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "A' on the PUD Master Plan, Exhibit "A". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review, but shall not exceed 275 dwelling units. 3.4 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: 3.3 Principal Uses: 1) Single-Family homes. 2) Model Homes (See Section 2.10 of this PUD Document). 3) Interim agricultural land uses prior to commencement of construction of the residential development. Accessory Uses: 1) Customary accessory uses and structures including but not limited to private garages, tennis facilities, guest houses (attached or detached), and swimming pools with or without screened enclosures. Utility facilities and, or easements (including rights-of-way easements). 2) 3) Signage. 4) Water management facilitie~akes. 5) Commercial Excavations, as provided for by Collier County's excavation regulations set forth in Division 3.5 of the Land Development Code. DEVELOPMENT STANDARDS A. GENERAL: All criteria set forth below shall be understood to be in relation lo individual parcel or lot boundary lines, or between structures. B. MINIMUM LOT AREA: 33,000 square feet. C. AVERAGE LOT WIDTH: 150 feet. lll-I 12B 1 MINIMUM YARDS (Principal Structures): 1) Front Yard: 50 feet. 2) Side Yard: 30 feet. 3) Rear Yard: 50 feet. MINIMUM YARDS (Accessory Structures): 1) Front Yard: Same as principal structure. 2) Side Yard: 15 feet (Attached). Same as principal structure (Detached). 3) RearYard: 15 feet. MINIMUM FLOOR AREA: 3.000 square feet. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application MAXIMUM HEIGHT 1) Principal Structure: 45 feet, or 3 stories, whichever is greater, above the minimum finished floor elevation. 2) Accessory Structure: 35 feet, or 2 stories, whichever is greater, above the minimum finished floor elevation, except for attached screen enclosures, which may be the height of the principal structure. GUESTHOUSES Detached guesthouses are not permitted on lots less than one acre. No guest accommodation facility proposed to be constructed in this single-family development, whether a freestanding guesthouse, or guest accommodation which is structurally integrated with the main dwelling, may be leased or rented. Similarly, if a main residence is leased or rented, a guest accommodation facility accessory to it may not be occupied by the properly owner, since this would constitute the unlawful utilization of single-family zoned properly for two-family dwelling purposes. Guesthouses shall not have a living area greater than 40 percent of the air conditioned enclosed living area (excluding garages, carports, patios, porches, utility areas, and the like) of the principal dwelling. Detached guesthouses shall not be closer than 20 feet to the principal dwelling. A guesthouse may not be constructed prior to the construction of the principal dwelling. LOT LANDSCAPING A minimum of fifty percent (50%) of each lot's side yard setback area (only one side required for comer lots) shall be landscaped entirely with native plant materials as is generally depicted on Exhibit "B", Sideyard Native Landscaping Exhibit. Such landscaping shall be installed prior to issuance of Certificate of Occupancy. The ttomeowners Association shall include in the deed restrictions subscription to the University of Florida's Florida Yards and Neighborhoods program which is an education program that encourages voluntary measures to address residential stormwater runoff and design and maintenance of environmentally-friendly landscaping. 111-2 12B I SECTION IV COMMONS\RECREATION AREA 4.1 4.2 PURPOSE The purpose of this Section is to set forth thc development plan and development standards for the areas designated as Tract "CR', Commons'Recreation Area on Exhibit "A". The primary function and purpose of this Tract is to provide for access, project infrastructure, and aesthetically pleasing open areas intended to satisfy the residents' basic needs for a quality recreational opportunity. Any recreational, social, administrative or maintenance facility which may be indicated on the laUD Master Plan, Exhibit "A", shall be considered conceptual, and the placement of such facilities considered non-binding. Except in areas to be used for water impoundment, and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. USES PERMITTED No buildiug or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Principal Uses: 1) Golf courses and golf club facilities, including temporary and permanent golf clubhouses. 2) Tennis clubs, health spas, interpretive centers, facilities to teach social/environmental responsibility, equestrian clubs and facilities, and other recreational clubs. 3) 4) Structures which house social, recreational, project marketing. administrative, or security facilities. Community and golf course maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. Utility, water management and rights-of-way/access easements. 6) Lakes and water management facilities. Conservation areas/mitigation areas. Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. 9) ~0) Signage. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries, gazebos, and pic~',ic areas. IV-I 12B 1, 11) Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the commons areas. 12) Small docks, piers or other such facilities constructed for purposes of lake recreation, for residents of the project. 13) Shumeboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation. 14) Commercial excavations as permitted by Division 3.5 of the Collier County Land Development Code. 15) Interim agriculture land uses prior to commencement of construction of the recreational facilities. Accessory Uses: Accessory, incidental and subordinate commercial activities such as but not limited to those provided herein shall clearly be of such scope, size and proposed intensity that they are sustainable only by the membership of the golf courses and clubhouse. 1) Clubhouse, pro-shop, snack bars, practice driving range, golf cart barns, restroom~shelters, and other customary accessory uses of golf courses. 2) Small establishments, including golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities 3) Non-commercial horse stables, and facilities typically accessory to the equestrian pursuit. 4) Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 5) One (1) caretaker's residence for the golfing/tennis facilities, and one (1) caretaker's residence for the equestrian facilities. 6) Telecommunications facilities, including, but not limited to cable television, digital, fiberoptic, microwave, satellite, UHT, VHF, FM, AM, Short-wave, and other sending and receiving facilities and structures, subject to applicable permitting, and written approval by the developer or master homeowner's association. 4.3, DEVELOPMENT REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of buffer areas. All buildings shall be setback a minimum of fifty (50) feet from abutting, off-site residentially zoned districts, and a landscape and maintained buffer shall be provided. All buildings shall be setback a minimum of fifteen (15) feet from all project parcel or Tract boundaries. Structures adjacent to one another shall be separated by a minimum often (10) feet, or one half the sum of the building heights, whichever is greater. IV-2 12B 1 Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare, or other interference A Site Development Plan in compliance with Division 3.3 of the Collier County Land Development Code shall be required, except for uses authorized by the golf course Early Work Agreement, as set forth in Section 2.5 F. of this document Maximum Height: 1) Principal Structures: Sixty (60) feet. 2) Accessory Structures: Forty (40) feet, except telecommunications facilities and St ructurcS. Minimum Off-Street Parking And Loading: I) Private Golf Courses: Four (4) spaces per hole. Additionally, one (I) space per 200 square feet shall be provided for office/ lobby/ pro-shop/ health club/ clubhouse/ lounge/ snack bar/ dining room/ meeting room areas, of which a maximum one-third (1/3) of this requirement may be grassed and set aside for future parking and shaft be paved as deemed necessary by the Development Services Director and dedicated as such on the Site Development Plan at the time of approval pursuant to Division 3.3 of the Collier County Land Development Code. In addition, 50% of normal requirements for exterior recreation uses including: swimming pools, golf driving range and tennis courts shall be provided. Golf cart, golf bag and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed a one (1) space per 1,O00 square feet. 2) Equestrian Recreation Facilities: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. 3) Other Recreation Facilities Not Associated With Golfing Or Equestrian Uses: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. 4) Loading Areas: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. Caretaker's Residences: One (1) caretaker's residence shall be permitted for the golfing/tennis facilities, and one (1) caretaker's residence shall be permitted for the equestrian facilities, subject to the following: 1) The residence shall be constructed as an integral part of the main golf course clubhouse facility and the main equestrian facility or stables, and shall be entered from within the respective clubhouse/facility or stables. Exits required to comply with fire codes shall be permitted. 2) The caretakers' residences shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the golf course or equestrian facilities. IV-3 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of thc Collier County Land Development Code in effect at the time of Site Development Plan application. Parking for thc caretakers' residences shall be in addition to any other required parking facilities 4.4 BUFFER DEVELOPMENT REGULATIONS Buffer Types: 1) Land use buffers shall be easements, generally located along the project's perimeter, intended to protect residential land uses from possible impacts from adjacent off-site roadways and/or off-site land uses Land use buffers shall not be required along the common property boundaries with the Bonita Bay golf course in the northwest quarter of Section 20. Land use buffers may also be utilized within the project boundaries, at the discretion of the developer. Land use buffers may be landscape buffers and, or earthen berms and, or fences/walls. 2) Landscape buffer; existing native vegetation may be utilized and, or; 3) Earthen berms and, or; 4) Fences/walls: Nine (9) foot maximum height. Buffer Development Standards: In addition to the development standards set forth below, the provisions of Section 6.12 of this document shall also apply. 1) Land use buffers, berms, fences and walls may be constructed along the perimeter of the TwinEagles Golf and Country Club PUD boundary prior to Preliminary Subdivision Plat and Site Development Phn submittal. All such areas must be included in a landscape or buffer easement on Final Plats. or in a separate recorded instrument 2) The land use buffer area shall not be less than twenty (20') feet in width along the east project boundary, north of Immokalee Road (C.R. 846), except where land use buffering is accommodated with a fence or wall. 3) Due to water management and utility constraints, land use buffering shall not be required along the project's boundary adjacent to Immokalee Road's north Right-Of-Way line. 4) All other project property boundaries shall have land use buffer widths in compliance with Division 2.4 from Collier County's Land Development Code 5) Except as provided for above, and in Section 6.12 of this document, buffer improvements shall be in conformance with Division 2.:', from Collier County's Land Development Code. 6) Types and numbers of plantings for project perimeter land use buffers shall be submitted with Construction Plans and Plat application(s). Plans and statements shall describe how the perimeter land use buffers will be irrigated and maintained. IV-4 12B 1 DEVELOPMENT STANDARDS TABLE II DEVELOPblENT STANDARDS RESIDENTIAL COMMONS/RECREATION USES PRI~'ICIPA_.L STRUCTURES MINIMUM LOT AREA 33,000 SQ. FT. NOT APPLICABLE AVERAGE LOT WIDTtt 150 FEET NOT APPLICABLE MIN. FLOOR AREA 3,000 SQ. FT. NOT APPLICABLE FRONT YARD 50 FEET 15 FEET* SIDE YARD 30 FEET 15 FEET* REAR YARD 50 FEET 15 FEET* ,~fAX BLDG. I-IT. 45 FEET" ' 60 FEET ACCESSORY STRUCTURES FRONT 50 FEET 15 FEET SIDE (ATTACHED) 15 FEET 15 FEET SIDE (DETACI'iED) 30 FEET 15 FEET REAR 15 FEET 15 FEET MAX. BLDG, HT. 35 FEET** 40 FEET *' All Commons~R. ecreation structures must be a minimum of fifty (50) feet from abutting, oH'-site residentially zoned districts. **: See Subsection 3.4 H. of this document. IV-5 12B 1 SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set fonh the development plan for areas designated as Tract "P', Preserve Area on Exhibit "A", PUD Master Plan. The pdmary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, in their natural state. Although this document and Exhibit "A" indicate approximately 305 acres of "Preserve", it should be understood that additional preserve within the project boundaries will be resultant from environmental permitting, and will occur as conservation easements within the Commons~ecreation Tract. 5.2 USES PERMI'FFED No build;rig or structure or pan thereof, shall be erected altered or used, or land used, in · .'hole or in part, for other than the following, subject to regional, State and Federal permits, when required: A1 Principal Uses: I) Open spaces,~ature preserves. 2) Lakes and water management facilities. 3) Mitigation areas. 4) Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approval by permitting agencies. 5) Hiking trails, riding trails and golf can paths or other such facilities constr~cted for the purposes of passage through or enjoyment of the site's natural attributes, subject to appropriate approval by permitting agencies. V-I SECTION VI DEVELOPMENT COMMITMENTS 12B 1 6.1 6.2 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 32 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Development Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of'the property. In addition, any commitments within Ibis agreement shall be applicable to any successor or assignee in title to the developer. 6.3 PUD MASTER DEVELOPMENTPLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase as may be required at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the TwinEagles Golf and Country Club PUD Master Plan upon written request of the developer. i) The following limitations shall apply Io such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the TwinEagles Golf and Country Club PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.73.5.1. of the Collier County Land Development Code. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the PUD boundaries. VI-I 12B i 6.4 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3.C. I) of this document: a. Reconfigurafion of Preserve Areas, jurisdictional wetland l/mits, and mitigation features as a result ot' regulatory agency review and permitting. b. Reconfiguradon of lakes, ponds, canals, or other water managemen! facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Reconfiguradon of golf course envelopes and design features. d Internal realignment of rights-of-way other than a relocation of access points to the PUD. 3) e. Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Areas. Minor changes and refinements, as described above, shall be reviewed by appropriate County staff' to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4) SCttEDULE PROVISION Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Sile Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. OF DEVELOPMENT,~IONITORING REPORT AND SUNSET Commencement of construction of' Phase One of TwinEagles Golf and Country Club shall occur upon acquisition of' all applicable permits and development authorizations. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Prior to commencement of construction of the residential or recreational improvements, the agricultural use of the property shall be allowed to continue. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 o~' the Land Development Code. 6.5 TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A gatehouse/limited access facility shall be permitted within the project's main entrance arcas, but shall not be located so as to impede traffic flow on Immokalee Road (C.R.846), nor shall such facilities be located within the ]mmokalee Road Right-Of-Way. VI-2 WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A.Detailed paving, grading and site drainage p aris shall be sub ' - Review Services for review and annrova ~ ......... .mined to Project r,- I .... ~-~-~rucnon permits shall be issued unless and until approval ot' the proposed construction, in accordance with approved plans is granted by Project Review Services. B. An excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Man.~gement District Rules. C. The Petitioner shall submit a copy of the SFWMD permit application to Collier County Development Services Engineering Staff£or review and comment. D. The Petitioner shall show the route ofthe off-site discharge leaving the parcel south of Immokalee Road (from the project boundary to the receiving canal) on the Conceptual Water Management Plan. 6.7 UTILITIES The deve'opment of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. The Developer shall be responsible to design and construct, operate and maintain at its own cost from the PUD property, a sewage force main and potable water main, and any necessary appurtenances, east, for connection to the potable water and sanitary sewer facilities operated by the Orangetree Utility Company. Upon request of the County, the force main and water main shall be conveyed at no cost to the Collier County Water-Sewer District at such time as the County elects to provide water and sewer services to the PUD property. B. The developer shall install, operate and maintain interim sewage treatment and potable water treatment facilities, until such time as County facilities are available to serve the PUD property. When County facilities become available, all customers of the interim facilities shall be required to connect to County facilities, and the interim facilities shall be abandoned, removed and dismantled at no cost to the County. 6.8 ENGINEERING The development of this PUD Master Development Plan shall comply with the Collier County Land Development Code, as amended VI-3 6.9 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance wi;h the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation alone shall not bc the sole component of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Stalutes. C. Buffers shall be provided around wetlands, where possible, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and average twenty-five (25) feet from the landward edge ofwetlands. Where natural buffers are not poss ble, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff. D. The Petitioner shall comply with the guidelines and recommendations of the U.S. FNh and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on-s tea Habitat Management Plan for lhose protected species shall be submitted to Current Planning Environmental staff for review and approval prior to Final Site Plan/Construction Plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construct/on Plan approval F. The Petitioner shall submit a copy of the Environmental Resource Permit (ERP) application and resubmiuals as well as copies of comments submitted to the South Florida Water Management District (SFWMD) by the Florida Game and Fresh Water Fish Commission (FGFWFC) and the United States Fish and Wildlife Service (USFWS), for copy to Collier County review files. This shall be submitted at the time of Hat/Plans or Site Development Plan submittal. G. Fifty percent (50%) of the entire project area must remain, be enhanced, or be restored to natural area~, with native vegetation said standard shall be satisfied by the following provisions: ' 1) Eligible acreage (areas ora minimum of 02 acres); a. Natural areas preserved on site; b. Enhanced or restored wetlands or uplands; c. Recreated uplands or wetlands on existing agricultural/disturbed areas; d. Ten percent (10%) ofconstructed lake areas; e. One hundred percent (100%) of natural lakes; f. Natural areas and pasture/and used for passive recreation; VI -4 For Lh~ purposes of this PUD, "na(ural area" shall be defined to be a v~:gctati,,.c COmmunily, consisting of nati,,.c vegetation, which occurs naturally, or may be man made to mimic nalural conditions and/or functions. H. g. Residential and common areas, including areas adjacent to or within golf courses, planted with one-hundred percent (100'/,) native vegetalion in groupings or contiguous with natural and presen,'e areas, h Natural areas contiguous to project lands, CREW lands, or natural areas contiguous to CREW lands. 2) Ineligible Acreages: 3) a. Golf courses, tennis courls, basketball courts, clubhouses, and other active recreation uses; b, Ninety percent (90°A,) ofconstructed lakes; c. Mowed common areas; d. ,".lowed residential areas and turfgrass; e. Residential areas planted with any exotics, f. Roads. sidewalks, entire parking areas, paved areas, and medians The development may meet the fifty percent (50%) criteria by compensating for the loss of agricultural farm fields or significantly disturbed lands with the purchase of CREW lands or lands adjacent to CREW lands, or lands adjacent to project lands on a I:1 ratio or greater Such stratcgies must consider restoration and maintenance costs. 4) 5) Direct payment for acreage may be made to CREW according to the South Florida V'/ater Management District's schedule ormifigation costs. Less than fee simple method of preservation of CREW lands or lands adjacent to CREW may be used, e g consen'ation easements. Such strategies must consider restoration and maintenance costs. Development of any amount of existing natural areas within the project must be compensated with the purchase of CREW lands on a 2:1 ratio, and must provide for restoration and maintenance costs. The Preserve Tract, as shown on Exhibit "A", PUD Master Plan, located on the westerly property boundary in Section 17, and Preserve Tract located on the southwesterlymost boundary of Section 17 will be connected with a vegetative corridor which serves to maintain the existing connection to off-site natural areas. A management plan shall be developed, and filed with the County, for wide ranging species which addresses the following: I) A plan to address potential conflicts between humans and wildlife (e.g. bears roaming through residential areas), including animal relocation policies. 2) The appropriate use offences, walls and other obstructions to encourage wildlife to use natural corridors. 3) An education program that informs potential and existing residents about coexisting with wildlife in the area. 4) Safe highway and roadway crossings for wildlife must be addressed In accordance with the South Florida Water Management District Environmental Resource Permit Rules, the long term viability and hydrology of the preserved natural areas shall be maintained VI-5 12B I There shall be prepared, and filed with thc County, a golf course management and maintenance program that addresses habitat enhancement, wildlife conservation, water conservation, waste management, recycling, energy efficiency, appropriate use of pesticides and fertilizers, and education, such as the guidelines for "Signature Status" established by Audubon International's document entitled, ,¥,stamable Resource Management Guide b?Jr (;olf ('o,r. vex. 6.13 6.14 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the princip-,d structure, except for a construction site office and model center. 6.11 SIGNS 6.12 :l:roughou, the TwinEagles Golf and Country Club PUD, except in Preserve Areas. following standards shall apply: All signs shall be in accordance with Division 25 of the Land Development Code. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use The A. Landscape berms shall have the maximum side slopes: 1) Grassed berms 3:1 2) Ground covered berms 2:1 3) Rip-Rap berms I;I 4) Structural walled berms may be vertical B. Fence or wall maximum height: nine feet (9'), as measured from the finished grade of the ground at the base of'the fence or wall. For the purpose of this provision, finished grade shall be considered no greater than eighteen inches (18") above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the fence or wall shall not exceed six (6') in height from the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3: 1, 2: I, I: I, or vertical). C. Pedestrian sidewalks, golf cart paths, bike paths, equestrian riding trails, water management facilities and structures may be allowed in landscape buffer areas. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Division 2.4 of' the Collier County Land Development Code in effect at the time of building permit application. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Courl of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowner's associations, This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. VI-6 TwinEagles Golf & Country Club 'A* A-}~IO A-~O 'A' F~ ESTATES . TP. ACT 'A' TRACT 'CR' I00' CAN~J. l~OV E,A~I~I~qT N.T.$. ~"~X PUD GROSS DENSITY ~ A-~0 ~ 'A* ~~ 310 ~T 'CR' C0~ONS~A~ON:750 12B ; Jlll~r Illll~llJJ;ll I 1111111111111 I!1~111~1i / ,/ Illlllllll:t, IllllJIlll, rrrrllllrl~J ~l~lJJ~I II /l~J,lll~JJll flJ~J~JiJJ~JJ~ OIJJ~JJJJl!~j, STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-29 Which was adopted by the Board of County Commissioners on the 22nd day of July, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of July, 1997. DWIGHT E. BROCK ...""'",:~ . ./°"~.~,.. · Clerk of Courts and'.~l~rk'.':'. Ex-officio to Boar~:'o~..'~' . ' .... County Commissioners ..' . '.. ~Y: Maureen Kenyoh ~'~ Deputy Clerk (Display' .~,c~., Iocatiom, eec.) Petiti~ NO. (If ~, ~i~ ~ief ~criptim): R-97-1 Peti~i~r: (Na~ I ~*Xr~): Lake Trafford Independent Baptist Church 1207 Carson Rd Immokalee, Fla. )~ g X~ress of any ~rsr.~n(s) 1: 5e ~ifi~ by C[ert's Office: Robert L. Self (if tore s~ce ~, l::~h S~rl~e Sh~t) 12811 Kenwood Lane ~205 Ft. Myers, Fla. 33907 ~eari~ ~fore: /XX:~ ~C [ ; 8~ ~/ Other or [e2at[y r~ir~ 1__,) ~I Other P~o~S~ Text: ([~c~e ~e~M ~escrJp~io~ ~ c~n location ~ s~ze}: Pe~i~i~ ~o. R-97-1, R~r~ ~. Self, r~res~i~ ~ake proof ~y [ocat~ ~as~ Co~{{e~ ~o~y, F[orlda, cons~Jn~ of 3.10 acres. O~ Petiti~ Fee l~[~ ~isi~ Cost? T~ /~; ~o /__1 If y~, ~at ~c~t shard ~ char$~ for ~ertisf~ costs: 113-~:~5312-649100 P.0.~700012 List Xttach~ts:(I) A. For hearincls before GCC o~ ~: Initiatin9 perso~ to conplete c~e co~' ~ obtain Oivlsfoca ffead approval ~itti~ to :~ ~. ~0~2: If I~a d~t ts f~lv~, ~ sure that ~ ~essa~ t~al r~t for s~, ts ~ to C~ Attor~y ~fote s~itt[~ to C~ty ~ee. the ~ger's Office 2. June 19, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Intent to consider Petition R-97-1 Dear Judy: Please advertise the above referenced notice one time on Sunday, July 6, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 12a 2 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JULY 22 1997 in the Boardroom, 3rd Floor, A~ninistrati~n ~-~ui~-/~.i7~ .' .... ' --~, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINA$ICE AMENDING ORDINANCE NIIMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE V~ICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPOP~TED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAp NUMBER 6931N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTHWEST CORNER OF CARSON ROAD AND CURRY ROAD, IN IM~4OKALEE IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTy, FLORIDA, FROM "A" TO "M H" MOBILE HOME FOR A MOBILE HOME SUBDIVISION; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Petition R-97-1, Robert L. Self; representing Lake Trafford Independent Baptist Church, requesting a rezone from "A" to "MH", for property described above, consisting of 3.10 acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY CO~MISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAI~4AN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk {SEAL) 2 June 19. 1997 Lake Trafford Independent Baptist Church 1207 Carson Road Immokalee, FL 34142 RE: Notice of Intent to consider Petition R-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 6, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Robert L. Self 128 2 June 19, 1997 Robert L. Self 12811 Kenwood Lane, #205 Fort Myers, FL 33907 RE: Notice of Intent to consider Petition R-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 6, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti Deputy Clerk Encl. cc: Lake Trafford Independent Baptist Church 12B 2 ~Z~(Z~(~: COLn~ COONTY .FA~: (941} 774-840S ImZtONE NO:_ (941) 774-8406 I 12B 2 ORDINANCE NO. 97- AN ORDINANCE AME?IDI[:G ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPME~IT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPOPF~TED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 6931N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTHWEST CORNER OF CARSON ROAD AND CURRY ROAD, IN IMMOKALEE IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FROM "A" TO "MH" MOBILE HOME FOR A MOBILE HOME SUBDIVISION; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Self, representing Lake Trafford Independent Baptist Church, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, TkEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 31, Township 46 South, Range 29 East, Collier County, Florida, is changed from "A" to "MH" Mobile Home and the Official Zoning Atlas Map Number 6931N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: AvailaDility letters and construction plan approval from the Immokalee Water/Sewer District shall be provided prior to final subdivision plat and plans approval. Plat approvals and the development of lots be conditioned upon each lot being connected to the Immokalee water/sewer system. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED kND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this . day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. H~COCK, CHAIRMAN APPROVED AS TO FORM D_MD LEGAL SUFFICIENCY M3LRJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY f/R-97-10~'d ~ n~ nce 12B 2 LEGAL DESCRIPTION PROPERTY DESCRIPTION: a PARCEL IN THE SOUTHEAST 1/4 OF' THE NORTHEAST 1/4 IN SEC~]ON 31. TOWNSHIP 46 SOUTH. RANGE 29 EAST, COllIER COUNTY, FLORIDA. ~QJ~Z~'~ AT THE EAST QUARTER CORNER OF' SECI]ON 31. TOWNSHIP 46 SOUTH. RANGE 2g EAST. COLLIER COUNTY, FLORIDA, RUN NORTH 00'55'40' WEST 1000.00' FEET ALONG THE EAST LJNE OF SAID SEC1]ON; THENCE NORTH 89'06'~0' WEST 50.00 FEET TO THE WEST RIGHT- OF-WAY UNE OF' CARSON ROAD AND THE I~OINT OF' .BEGINNING: THENCE NORTH 89'06'30' WEST 4.50.00 FEET; THENCE P. ARALLEL TO THE SAID EAST SECTION UNE, NORTH 00"' 55'4:0' WEST 330.24. FEET TO A POINT ON THE CENTER UNE OF' CURRY ROAD; THENCE: SOUTH 89'06'30" EAST 4.50.00 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY RIGHT- OF-WAY UNE OF' CARSON ROAD; THENCE ALONG THE SAME SOUTH 00'55'40' EAST 330.24. FEET TO THE POINT OF' RESER'vlNG THE NORTH 30 FEET FOR ROAO EASE"~ENTi CONTA1NINGL 3.4.1 ACRES OR 143533.3 SQUARE FEET OF LAND. MEASURED TO THE CENTER UNF' OF' CURRY ROAD. CONTAINING: 3.10 ACRES OR 155040 SQUARE FEET OF LAND MEASURED TO THE SOUTH. LINE OF' CURRY ROAD. EXHIBIT "A" 07/22/1997 89~55 i~O~LEE W~TE~ ~ 82 IMMOKALEE WATER & SEWER DISTRICT 1020 SANqTATION ROAD July 22, 1~97 Collier County Board of of County Corn~i~ion~ 3301 Tamiami Trail E~-~ Napla% FL /M~OKALE~ FL 34142 121t 2 TELEPHONE (941) 65&363'---~' Deax Commissioncrs: A few years ago, the Immokaiee Water & Sewer District realized a need for additional land adjacen~ to it's Carson Road Water Treatment FaciLity. This land was necessary for future expan~on. The only adjacent land available w,~s directly beHnd our facility, and was owned by the Lake Trafford Baptist Church. Thc District entered into negotiation *,4th the Church far a outright purchase. At some point the Church hired a Counsel to represent them. The leaving only one possible optlon,neg°tiat'/°ns betwcam the D/att/ct and the Church had come to a stalen-~e, · The Dis~c~ could purchase land from the Ban'on Collier Companies and swap ~t w/th the Church and acqulr¢ the p,.rcet we needed, The Church indicated that they would need the whole 3. i acrs parcel on the comer or'Carson Road and Curry Road. This would provide a buffer fi'om the trailer park across Curry Road. It would a/so prov/de enough area for the Church's cxpans/on. No mention was made aleut developL, ag mobile home lots on th/s parcel· In a show o£Commun/ty Involvement and in order to help solve the above mentioned needs, M.r. Lee Treadwell and the Barton Col/Jcr Compan/es agreed to sell the Distr/ct the parcel for the land swap. to deny the reauesl For r-~-: m~smd by the church. I also peth:ion the Coil/er t"'~,,r,, ~. f we and the · ,~, - ,.,~v. ung ~ presented by the La/ce Tn~ord Baptist Church. .... · ~'~- of Commissioners Sincerely)/ / (./'i'mmok~Jec Water & Sewer D~s~dct F: \WPWIH60 \DAVEDOc\ LTR~A3. H~,..S -- NapLes Daily N~S 12B NapLes, FL HOTICE OF ~NTEHT Affidavit of Publication ~ TOCON~dD~RORDINANCE Naptes 0airy .................................................. ~0mer C~ ~vern~nt Center, ~1~ ~ARD O~ C~TY C~H[SS~IERS ATTN: HAHCY SRL~UB si~ ~e e~ ~ o C~ ~e. The n~ti~ eD ~x ~1~0~6 The t~e 0f of ~e ~ ~e NAPLES FL 3~q01-~6 REFEREIICE: 001230700012 57530767 ~TLC[ OF iNT[HT TO State of Florida C~nty of Collier Before the uf'~:~ersigned aut~rtty, personally ol the Alstltant Cor~rate Secretary of the Napte~ Ot.iLy a~s, a daily n~splper ~bLtsh~ at Naples in ColOrer C~nty, F:or~da: that the attach~ copy of t~e ~vertJsi~ ~as ~b[Jsh~ in said n~s~r ~ date~ ~ist~ Affiant further say~ that t~e H~! is a n~s~r ~blish~ a: Naples, in said Collier C~nty, F(orida, a~ that the said n~s~per ~s heretofore been c~tin~sly ~bli~h~ tn said Collier C~nty, F~orJda, each ~tter at the ~st office in Naples, in said Collier C~nty, Florida, ~or a perJ~ of 1 year hex: prec~i~ the first ~blication of the attech~ c~y of ~vertisement; a~ affiant further says that she has neither ~id ~r~se o~ securf~ this advertil~ent for ~blicati~ in the *aid ne~s~per. PUBLISHE0 Of: 07/06 A0 SPACE: 77.000 INCH FILED ON: 07/07/97 + Julr 6 Signature of Affiant S~rn to and Subscribed before me this Persor~ILy kn~'n by me :'' '~'"" ~ AN ORDINANCE AMENDING ORDI- NANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COM- PREHENSIVE ZONING REGULATIONS J FOR THE UNINCORPORATED AREA' O~: COLLIER' COUNTY, FL~OA BY AMENDtNG THE OFFICIAL ZONING ATLAS ~AP NUMBER 6931N BY CHANGING THE ZONING CLAS~A. TION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTHWEST CORNER OF CARSON ROAD AND CURRY ROAD, IN IM~,~ KALEE SOUTH, RANGE ~ EAST C~L~ COUNTY FLORIDA FRO~ 'A' TO *MH* M~ILE HO~ FOR A M~E HO~6E ~IVI~ON; ~OVIDING F~ STAFF AND ~ANNING CO~IS~ STIPULATIONS; AND BY PROVIDING AN EFFECTI~ DATE. ~c .i. ron~a I~ ~$t Ch~ch ~ ~ri~d ~ve, c~tsti~ of 3.10 ~eL ~ ~ ~e ~n~ ~cis~ the precedings aedoining ~ereto ' evince ~ARD OF COU~Y COMMISSIONERS COLLtER COUNTY, FLO~IDA TIMOTHY L. HANC~, CHA RMAN DWIGHT E BR~K, CLER~ De~ Dark 12B ORDINANCF'. NO. 97- 20 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER ~931N BY CHANGING THE ZONING CI,ASS!FICATION OF THE HEREIN DESCRIBED PROPr]RTY LOCATED ON THE SOUTHWEST CORNER OF CARSON ROAD AND CURRY ROAD, IN IMMOKALEE IN SECTION 3i, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FROM "A" TO "MH" MOBILE HOME FOR A MOBILE HOME SUBDIVISION; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDIHG AN EFFECTIVE DATE. WHEREAS, Robert L. Self, representing Lake Trafford Independent Baptist Church, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; ~!OW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 31, Township 46 South, Range 29 East, Collier County, Florida, is changed from "A" to "MH" Mobile Home and the Official Zoning Atlas Map Number 6931N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: 1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of szte clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be in~nediately stopped and the Collier County Code Enforcement Department contacted. 2. Availability letters and construction plan approval from the Immokalee Water/Sewer District shall be provided prior to final subdivision plat and plans approval. 2 121 2 3. The subject 3.10 acre site be limited to a maximum of six (6) mobile home lots. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Co~issioners of Collier County, Florida, this ~ . day of ,r~--_~, 1997. ATTEST: · , DWIGHT E. BROCK, Clerk Approved as to 'Form and Legal Su',f ficiency: Assistant County Attorney f/R-97-1 Ordinance BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA rl~u'~'Hy/~ ~ANCOC~,, Chairman 12B 2 LEGAL DESCRIPTION PROPERTY DESCRIPTION: A PARCEL IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 IN SECTION 31, TOWNSHIP 46 SOUI'H, RANGE 29 EAST, COLUER COUNTY. FLORIDA. COMME'NCING AT THE EAST QUARTER CORNER OF' SECTION 31. TOWNSHIP 4-6 SOUTH. RANGE 29 EAST. COLLIER COUNTY, FLORIDA, RUN NORTH 00'55'40' I~ST 1000.00' FEET ALON(; THE EAST IJNE OF SAID SECTION; THENCE NORTH 89"06'30' WEST ,30.00 FEET TO THE WEST RIGHT- OF-WAY LINE OF CARSON ROAD AND THE POINT OF' BEGINNING; THENCE NORTH 89'06'30' WEST 450.00 FEET; THENCE PARALLEL TO THE SAID EAST SECTION LINE, NORTH 00' 55'40' WEST 330.24. FEET TO A POINT ON THE CENTER UNE OF CURRY ROAD; THENCE SOUTH 89'06'30' EAST 4,50.00 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY RIGHT- OF-WAY LINE OF CARSON ROAD; THENCE ALONG THE SAME SOUTH 00'55'40' EAST 530.24 FEET TO THE POINT OF'_ 8EGINN~NG.~ RESERVING THE NORTH 30 FEET FOR ROAD EASI~ENI'. CONTAIHINC; 3.41 ACRES OR 148533 SQUARE FEET OF LAND. MEASURED TO THE CENTER IJNE OF' CURRY ROAD. CONTAINING: 3.10 ACRES OR 135040 SQUARE FEET OF LAND MEASURED TO THE SOUTH. UNE OF' CURRY ROAD. EXHIBIT "A" STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true cody of: ORDINANCE NO. 97-30 Which was adopted by the Board of County Commissioners on the 22nd day of July, 1997, during Regular Session. WI~VESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of July, 1997. DWIGHT E BROCK 9erk of Courts =x-officio to County Co~ission6rs Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARI.NGS To: Clerk to lhe Board: Please place the following as a: X Normal legal Advertisement [] Other: (Display Adv., Iocalion, etc.) 12C 1 Originating Depl~ Div: Office of Unli.ty Regulation Person: D.E. "Bleu" Walhce Date: 7,'1,'97 Petition No. (If none. give briel' description): Petitioner: (Name & Address). Name & Address of an)' person(s) ,o be no~Sfied by Clerk's Office: (If more space is needed, attach separate sheet) Hearing befor: X BCC BZA Other Reqoesled Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complele only if important): X Nap]es Daily News [] Other [] Leg;db' Required Proposed Text: (Includ: legal description & common location & Size: See Au.ached Companion petition(s), :fan)' & proposed hearing date: . Doe,~on Fee inclode advertising cost? [] Yes X No If Yes, '.vhal account should be charged for advertising costs: List At~achmeuts: DISTRIBIYI'ION INSTRUCTIONS A. For hearings before BCC or BZA: Initialing person to complete one c.v. and obtatn Division Head approval before submitting lo County. ,Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County AUorney before submilling to County ~lanager. The Manager's office will distribute copies: I-'] Count)' Manager agenda file: Clerk's Office [] Requesting Division ~} Original B. Other hearings: Inhiating Division head to approve and submil original to Clerk's Office, retaining a cop), for file. FOR CLERK'S OFFICE USE ONL/Y: Dale Received: _~/ __ Date o f Public h~aring: .~__VW~..-~ Date Advertised: _V// NOTICE OF PUBLIC ItEARING NOTICE is hereby given that thc Board of County Commissioners of Collier County will hold a public hearing on July 22, 1997, in thc Boardroom, 3~ Floor, Administration Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida 34112. The meeting ',viii begin at 9:00 A.M. The purpose of thc hearing is to consider thc adoption of an Ordinance amending Ordinance 96-6, the "Utility Regulatory Ordinance," by amending Subsections I-3 (E) (1) and (2) to modify criteria required and preferred for appointment of members to the Collier County Water and Wastewater Authorily. A 11 interested parties are invited to appear and be heard. Copies of the proposed Ordinance are available for public inspection in the Clerk to the Board's Office, 4"' Floor, Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida, between the hours of 8:00 A.M. and 5 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Office of Utility Regulation, Suite 203, Administration Building, County Government Center, 3301 E. Tamiami Trail, Naples, Florida. Written comments filed with the County will be considered by Staff, and by the Board, and will be part of the record for public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she will need to ensure that a verbatim record o£thc proceedings is made, which record includes the lestimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA TIMOTIIY L. HANCOCK, CIIAIRMAN DWIGHT E. BROCK, CLERK By:/s/Ellie Hoffman, Deputy Clerk (SEAL) 120 1' July 2, 1997 Ms. Ju¢lith Fl~:nagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider the adoption of an Ordinance amending the "Utility Regulatory Ordinance- Dear Judy: Please advertise the above referenced notice one time on Friday, July 11, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 702617 12C 1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JULY 22, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 96-6, "UTILITY REGULATORY ORDINANCE", BY AMENDING SUBSECTION (E) (1) AND (2) OF SECTION 1-3 THEREOF TO MODIFY CRITERIA REQUIRED AND PREFERRED FOR APPOINTMENT OF MEMBERS TO THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Bog£d Office, 4th Floor, Administration Building, County Government Center, 3301 Tamiami Trail East, Naples, Florida, between the hours of 8:00 A.M. and 5 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Office of Utility Regulation, Suite 203, Administration Building, County Government Center, 3301 Tamiami Trail East, Naples, Florida. Written comments filed with the County will be considered by Staff, and by the Board, and will be part of the record for public hearing. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COM/4ISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY Lo HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) 12C 1 FAX I~O: (941) ~74-8408 ~ I~O: (941) 774-8406; NO. DATE ST. TIPE TOTAL TIFE ABE)R, ID STATUS ~PGS DEPT CODE CO,Ti. CODE 171 ~6-3~ 10: 48 8~' ~' 58 93324357 OK 1 172 06-3~ 15:2~ (~)~' 01,24 914(~7~8158~1 173 ~-~ 15:~ ~'~3 ~i 767 ~3 1~ ~-01 15:24 ~82' 18 9~ 176 ~-81 15:~ ~2' 16 9~8~ I~ ~-~i 16:51 ~'47 ~1~461~ - I~ ~1 16:52 ~'32 ~1~461~ ~ 6 ~11 1~ ~-~ 18:8I ~82'46 ~1 ~i 6747 ...1~ ~-~ I0:~ ~81'31 ~l~l~J ~ 2 ~~11 181 ~ 14:31 ~82'~ ~ TOT~ ~S 1 2 3 4 6 7 9 I0 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 aO 41 ORDINANCE NO. 97- AN ORDINANCE AMENDING ORDINANCE 96-6, "UTILITY REGULATORY ORDINANCE," BY AMENDING SUBSECTIONS (E) (I) ANrD (2) OF SECTION I-3 THEREOF TO MODIFY CRITERIA REQUIRED AND PREFERRED FOR APPOINTMENT OF MEMBERS TO THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY; PROVIDING FOR cONrFLICT AND SEVERABILITY; PROVIDING FOR FNCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has determined that is in the best interests of the public's health, safety, and welfare, that the criteria and requirements for qualifications for appointing members to the Collier County Water and Wastewater Authority be modified. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendments to Section 1-3 of Collier County Ordinance No. 96~6. Subsections (E) (1) and (2) of Section 1-3 of Collier County Ordinance No. 96-6, are hereby amended to read as follows: SECTION I-3. COLLIER COUNTY WATER AND WASTEWATER AUTItORITY; POWERS AND DUTIES. E. Members of the Authority. The Authority shall consist of five (5) members appointed by the Board. Three (3) members shall be technical members, and v. vo (2) members shall be lay members. Awlicants who are customers ora reRulated utility shall ~ The Board, collectively, shall appoint all members. More than one (1) member may be appointed from the same area of expertise. No Board member has any individual power of appointment. 1. Each technical member shall be appointed based on individual expertise in one (1) or more of the following areas: ~ (i) Engineering: with experience in water and sewer Systems (ii) Exec..__._~ut~ive experience in F_finance, accounting, rate-making, and/or u!ility regulation; or (iii) Business administration. 1 Words underlin______.~ed_ are added; words sm.~k :}v~ are deleted. 2. The lay members shall be appointed on the basis o£ individual civic pride, and 43 integrity, ami, Avvlicants ~'gr a l~y memlper'~ seat who have experience in any 44 area of relevant utility service and management, rate-making, utility 45 regulation, or other endeavors will be preferred by the Board to be ~:s. pecially 46 beneficial to the proper functioning of the Authority. Lay members may be 47 appointed from the same areas of expertise as technical members. 4,8 SECTION TWO: CONFLICT AND SEVERABILITY 49 50 It' any section, phrase, sentence or portion of this Ordinance is for any reason held 5l invalid or unconstitutional by any court of competent jurisdiction, such portion shall be 52 deemed a separate, distinct, and independent provision, and such holding shall not affect 53 the validity of the remaining portions thereof. 54 SECTION THREE: INCLUSION IN THE CODE OF LAWS AND 55 ORDINANCES. 56 57 The provisions of this Ordinance shall become and be made a part of the Code of 58 L:~ws and Ordinances of Collier County. Florida. Tile sections of the Ordinance may be 59 renumbered or relettered to accomplish such, and the word "ordinance" may be changed 60 to "section," "article," or any other appropriate ,,','ord. 61 SECTION FOUR: EFFECTIVE DATE. 62 63 This Ordinance shall become effective upon filing this Ordinance with the 64 Department of State. 65 PASSED AND DULY ADOPTED by the Board of County Commissioners of 66 Collier County, Florida this ~ day of ,1997. 67 68 ATTEST: 69 DWIGHT E. BROCK, 7O CLERK 71 72 73 By: 74 Deputy Clerk 75 76 Approved as to form and 77 legal sufficiency: 78 80 T'homas (~. P~lmer 81 Assistant County Attorney 82 83 84 85 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID~A By: TIMOTHY L. HANCOCK, Chb. irman Words under ined are added; words s:."'.:zk :~:~..:~,~ are deleted. NapLes OatLy Nbs Naples, FL 339~.0 Affidavit of Publication Naples Oaily Nerds BOARD OF COUNTy COflHISSIOtlERS ATTN: NANCY SAL~UB PO WY 413016 NAPLES FL 3&101-~16 RE~ERENCE: 0012~0 702617 57532816 ~TICE OF INTENT TO State of Ftortda County of Collier Before the underliQned authority, pers~a[ty a.'~>eared B. Lamb, uho o+1 c~th says that she serves ss the Aesir:ant Corporate Secretary of the Naples Daily Ne~s, a daily nevspnpor published mt I~ples, in Collier County, FLorida: that the attached copy of the advertising was published in said newspaper on dates Listed Affiant further says that the said Naples Daily He~s is a nevspeper published et Neptes, in said Collier County, FLorida, and that the said newspaper tme heretofore ~ continuously published in said Collier County, FLorid&, each day and has been entered as eeco~d class emil emtter at the post office in ~p[es, Jn said Collier County, FLorida, for e period of 1 year next precedir~ the first publication of the attached copy of ~vertise~ent; end affiant further says that she has neither paid r~r proetsed any person, firm on ¢oponetion any dJ$¢ount~ rebate, coe~ ssion or refund for the purpose of securir~ this ~dverttseeent for ~lJca~ion in the said news~por. PUBLISHED Off: 07/11 AD SPACE: 76.000 INCH FILED C~: 07/11/97 ................................................. + ........................... Signature of Affiant /~ //-¥~ S~orn to am:l Subscribed ~fore me this . . ,' dey of ~ ~ ~..~ 19~ ~ers~tty k~ by ~e / /~ ~ :-~.' ."~.~. ~ ~ ~" - · L ~'-~.~ 12C 1, NOTICE O~ INTENT TO COh~O.~R O~DfNA/~ Notice IS hereby given th~ on T~AY, ~y ~ ~, ~ ~ ~& ~ Tr~ ~ F~ ~ AN ORDINA~ AME~ING ~DI- ULATORY ORDINANCE', BY (~ ~ ~CT~N 1.3 ~RE~ TO ~Y ~I~RIA RE~IRED ~RS TO ~ C~ WATER AND WASTEWATER AU- ~1~; ~O~ING F~ C~FL~ A~ ~RAB~; ~OVOING ~ AN EFF~ DA~ , ~1 T~ Tr~ ~. DWtG~ ~ ~, ~ERK B~/s/~ ~, J~y 11 ~ )~ ORDINANCE NO. 07- 1 2. 12 AN ORDINANCE AMENDING ORDINANCE 96-6. "UTILITY REGULATORY ORDINANCE," BY AMENDING SUBSECTIONS (E) (I) AND (2) OF SECTION 1-3 THEREOF TO MODIFY CRITERIA REQUIRED AND PREFERRED FOR APPOINTMENT OF MEMBERS TO THE COLLIER COUNTY WATER AND WASTEWATF. R AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WttEREAS, thc Board of County Commissioners bas determined thai is in Iht best interests of the public's health, safety, and welfare, Ihat thc criteria and requirements for qualifications for appoinling members to thc Collier County Water and Wastcwatcr Aulhority be modified. NOW, THEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: SECTION ONE: Amendmenls to Section I-3 of Collier Count.,,' Ordinance No. 96-6. Subsections (E) ( I ) and (2) of Section 1-3 of Collier Count,,,' Ordinance No. 96-6, arc hereby amended to read as follows: SECTION !-3. COLLIER COUNTY WATER AND V~'ASTEWATER AUTIIORITY; POWERS AND DUTIES. E. Members of lhe AuthoriD'. The Authority shall consist of five (5) members appointed by thc Board. Three (3) members shall be technical mcmbcrs~ and two {2) members shall bc lay members. Applicants who arc customers ora regulated utility shall be preferred. The Board, collectivcly, shall appoint all members. More than one (1) member may be appointed from thc same area of expertise. No Board member has any individual power of appointment. I. Each technical member shall be appointed based on individual expertise in one { 1 ) or more of thc following areas: (i) Engineering: with experience in water and sewer systems; (ii) Executive experience in F_finance, accounting, rate-making, and/or utility regulation; or (iii) Business administration. I Words underlined are added; words ::reek :~mug!: are deleted. 2. The lay members shall be appointed on the basis of individual civic pride~ an.._~d integrity, ac,4, Applicants for a lay member's seat 'who hav~ experience in any area of relevant utility service and management, rate-making, utility regulation, or other endeavors wil__! b__c preferred_ by the Board to be e_ssneciall~y beneficial to the proper functioning of Ihe Authority. Lay members may be appointed from the same areas ofcxperlise as technical members. SECTION TWO: CONFLICT AND SEVERABILITY If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any coua 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 portions thereof'. SECTION TItREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions oflhis 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 relcttered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing this Ordinance with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida this ~_ day of ___. 1997. ATTEST: DWIGHT E. BROCK, CLERK Approved as to'form and legal sufficiency: Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'I'IM OTH Y/J~A~/C6CK, Chairman Words underlined are added; words et.-_:.: :.t. rv.~:g!, are delelcd. 12C".1 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-31 Which was adopted by the Board of County Commissioners on the 22nd day of July, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of July, 1997. DWIGHT E. BROCK ....... . .... Clerk of Courts and.,C~u.'.. ",, Ex-officio to Board'~f~:-~i".. ,"' County Commissioo~rs .' .... . COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC ttEARINGS To: Clerk to the Board: Please plnce the following as a: ~ Normal legal Advertisement [] Other: (Display Adv., location, etc.) Originating Dept/Div: Bldg Review & Permitting/Community Dev. Person: Edward S. Perico Date: June 2, 1997 P~ition No. (If re, ne, give brief description): Building Construction Administrative Code Petitioner: Oqarne & Address): Collier County Government, 2800 N. ltorseshoe Dr., Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before {~ BCC [] BZA [] O~her Requested I-leafing date: (Based on advertisement appeasing 10 days before hearing. Newspaper(s) to be u~ed: (Complete only if important): [~ Naples Daily News [] O~her [] Legally Required Proposed Text: (include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUN'I'Y ORDINANCE NO. 9,~83 BEING THE COLLIER COUNTY BUILDING CONSTRUCTION A ~)MINISTRATIVE CODE, FOR THE GAS, MECHANICAL, FLUMBING, ,'-,LECTRICAL, FIRE. SWIMMING POOL, AND BUILDING CODES FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA BY AMENDING ONLY SECTION I04.2.3 RELATING TO THE RF-~;PONS[BILITY OF DESIGN PROF1ESSIONALS: ALSO REVISING SUBSECTION 104.7.1 AND SUBSECTION 104.7.4 TO REFERENCE TIlE CURRENT COLLIER COUNTY FEE RESOLUTION NO. 96.594; PROVIDING FOR CONFLICT AND SEVEP~.BILITY; PROVIDING FOR INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: July 22, 1997 Does Petition Fee include advertising cost? [] Yes [] No if Yes. what account should be charged for advertising costs: P.O. 700567, (! 13-138930) Approved by: Reviewed by: ., , ,, Division I-Icad Date County Manager Date List At~achment~: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to Counq' Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file. CLERK'S OFFICE USE ONLY:/_ / ~ FOR Da,e Received: 7' DateofPu li hear ng:,'¥:' / Date ^dvertised: __/ / ~ OF PAGF. S (including 2 !11111111111111111111111111111111111111111111111111111111.1111II ~3~8~ 111111111111111111111111111111111111111111111111111111111111111, FROH: ELL'r~ HOFFMAN - MINUTES & P~E£0RDS LOCATION: Collier County courthous ~ U6: (8't3) ??~,-8~.08 , ~° 01 ' 56 9263486~ 06FCO0~O0~O00012 12C 2' June 4, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Intent to consider Building Construction Administrative Code Dear Judy: Please advertise the above referenced notice one time on Thursday, July 10, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700567 12C 2 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JULY 22, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE ~{ENDING ORDINANCE N~4BER 96-83 BEING THE COLLIER CO~qTY BUILDING CONSTRUCTION ADMINISTP~TIVE CODE, FOR THE GAS, MECHANICAL, PLUMBING, ELECTRICAL, FIRE, SWIM~4ING POOL, AND BUILDING CODES FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING ONLY SEC?ION 104.2.3 RELATING TO THE RESPONSIBILITY OF DESIGN PROFESSIONALS; ALSO REVISING SUBSECTION 104.7.1 AND SUBSECTION 104.7.4 TO REFERENCE THE CURRENT COLLIER COUNTY FEE RESOLUTION NO. 96-594; PROVIDING FOR CONFLICT SEVERAB!LiTY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS ~ND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for insoection. Ail interested partie~ are invited to attend and b~ heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF CO!INTY CO.U~MISSiONERS COLLIER COL~TY, FLORIDA TIMOTHY L. HANCOCK, CHAiPJZ~AN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) 120 2 June 4, 1997 Edward S. Perico Collier County Government Building Review; & Permitting 2800 N. Horseshoe Drive ~;aples, FL 34104 RE: Notice of Intent to consider Ordinance Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday July 10, 1997. ' You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. 120 2 ORDINANCE NO. 97- COLLIER COUITTY BUILDING CONSTRUCTION ADMINISTRATIVE CODE AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 96-83 BEING THE COLLIER COUNTY BUILDING CONSTRUCTION ADMINISTRATIVE CODE, FOR THE GAS, MECHANICAL, PLUMBING, ELECTRICAL, FIRE, SWIMMING POOL, AND BUILDING CODES FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING ONLY SECTION 104.2.3 RELATING TO THE RESPONSIBILITY OF DESIGN PROFESSIONALS; ALSO REVISING SUBSECTION 104.7.1 AND SUBSECTION 104.7.4 TO REFERENCE THE CURRENT COLLIER COUNTY FEE RESOLUTION NO. 96-594;~PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN T}{E CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. ~{EREAS, Section 553.73(4) (a), Florida Statutes, authorizes Florida counties to make local amendment to its building codes; and WHEREAS, this Ordinance amends Subsection 104.2.3 (Design Professionals) to narrow the scope of responsibilities for design professionals; and WHEREAS, this Ordinance amends Subsections 104.7.1 and 104.7.4 of Section 104.7 (Fees) to update the reference to the County's Fee Resolution No. 96-594. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: SUBSECTION 104.2.3 (DESIGN PROFESSIONALS) OF THE COLLIER COU1N'T%f BUILDING CONSTRUCTION ADMINISTRATIVE CODE IS HEREBY A/~AqN-DED AS FOLLOWS: 104.2.3 Design Professional. The design professional shall be an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering and shall affix his official seal to said drawings, specifications and accompanying data, for the following: All structures in Collier County. Buildings subject to certified performance under the Collier County Coastal Construction Ordinance No. 87-20, as amended or superseded. Elevated residential structures supported by beams and columns such as piles or piers shall be designed by a professional architect or engineer in the State of Florida for appropriate gravity, horizontal and uplift loads up to the first elevated finished floor level. The remaining portions of the residence above the finish floor level may be designed per the Collier County Building Codes. Exception: One and two family dwellings do not require an architect or engineer unless they are in a coastal construction zone or are constructed on stilts, piers, piles, etc., as outlined in subsection 104.2.3, 2 or 3, above. Except to the extent expressly contracted by the desig,~ Professional, or to the ext~nt required by Florida Statutes, the design professional shall Dot be responsible ee~mg~-a-tq: ~ for determining whether any structure designed by the design professional is being constructed in accordance with his or her design and specifications. A design professional's inspection on any structure shall have no legal effect for purposes of this Ordinance unless the requirements of either Words struck through are deleted; words und¢r~ined are added. 2 Section 553.79(5) or Chapter 468, Part XIII, Florida Statutes have been met by the design professional. ' SECTION TWO: SUBSECTIONS 104.7.1 AND 104.7.4 OF SECTION 104.7 (FEES) ARE HEREBY AMENDED AS FOLLOWS: 104.7 Fees 104.7.1 Prescribed Fees. The Board of County Commissioners shall establish, by resolution, a schedule of fees and charges pertaining to permit and inspection processes under this ordinance and related ordinances. It is the intent of these regulations ~hat the County shall not be required to bear any part of the cost of applicazions made under this ordinance. Collier County Resolution No. )6-594 ~ which is the current schedule of fees and charges for permit and inspection processes, is hereby adopted as the current fee and charge schedule. The charges listed may be changed by Resolution of the Board of County Commissioners and are not subject to the appeal process. No permit shall be issued until the fees prescribed in this section have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical plumbing, mechanical, or gas systems, has been paid ' 104.7.2 Work Comm~encing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, r*echanical or plumbing system before obtaining the necessary permits, shall be subject to a penalty of 100% of the usual permit fee plus the usual required permit fees. 104.7.3 Accounting. The Building Official shall keep a permanent and accurate accounting of all permit fees and other monies collected, the names of all persons upon whose account the sane was paid, along with the date and amount thereof. 104.7.4 Schedule of Permit Fees. On all buildings, structures, electrical, plumbing, mechanical, gas or fire systems or alterations requiring a permit, a fee for each permit shall be paid in accordance with the Collier County Fee Resolution No. 96- 59___~4 95 542 as then amended or superseded. ~ SECTION T~REE: CONFLICT A/4'D SEVEP~ABILITY 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 this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN T~E 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 acccmplish such, and the word "ordinance,, may be changed to "section .... article,,, or other appropriate word. SECTION FIVE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Secretary of State. -2- Words utruck thrcu9h are deleted; words underlined are added. 12C 2 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: TIMOTHY L. HTuNCOCK, Chairman Approved as to form ial sufficiency: C .~'x p~a~ me~r/~ Assistant County Attorney -3- Words e~z~k--~m~e~ are deleted; words underlined are added. Naples Oa?Ly Nevs Naples, FL 33940 Affidavit of PuPLicatio~ Naples Daily News BOARD OF COUNTY COflNI$SZO~ERS ATTN: NANCY SALOGUB PO 80X ~13016 NAPLES F~ 3410~~30~6 REFERENCE: 001230 700567 5753263~ NOTICE OF INTENT TO State of Florida C~nty of Collier blare the unclerstgnecl muth¢:~rity, pers~LLy a~sred 8. Lam, ~ ~ ~th says t~t she al the Aslistant Cor~rlte Secretary of the Naples Daily N~s, a ~iLy n~s~r ~lish~ at ~pLes c~y of the t.Jvertisi~ was ~Lish~ Jn said n~s~r ~ deles LJst~ Affiant furthe~ lays t~t the said Naplel Daily Collier C~ty, F[orJ~, e~ t~t the sa~d n~s~r ~s heretofore ~en c~tJn~s[y ~xb[tsh~ tn said Co[[ie~ C~ty, F[ontde, each ~tter et the ~st office in ~pLes, tn ~aid Collier C~ty, FLorida, for a ~ri~ of 1 yeor next prec~i~ the first ~[icati~ of the attech~ c~ of ~ertis~t/ a~ affiant f~rther says t~t ihs ~t ne~Cher ~id ~r pr~is~ any ~r~, firm or c~rati~ any disc~nt, r~te, c~itti~ or refu~ for the ~r~se of tecuri~ this ~vertise~nt for ~b[icati~ ~n the said n~s~r. PUBLISHED Ot~: O7/10 AD SPACE: 69.000 [NCH FILED ON: 07/10./97 Signature of Affiant /; /+ 12C NOT~CE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given that on TL~SOAY, JULY 22, 1997, in room, ~d Fk:~, Adrrdn~sh-~'ton Bulk:~r~. coI~ ~omiom! Troll, ~ Fladda the AN ORDINANCE AAR~NOING NANC~ ~U~:R 9~43 I~ING THE COLLIER COUNTY BUn. DING CON. STRUCT~ ADANNI~TRATNI~ COOF~ FOR THE GA.S, MEC~N~L, ~UMS- ~, ANO SU~ING C~S F~ HE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, BY AMENDfNG ONLY '~ON RE~T~ TO ~ R~L~y R~ ~N )~,7.1 AND ~ )~.7.4 TO RE~E~ THE CURRENT COLLAR COUNTY' FEE RE~ ~, ~ ~ ~ C~ A~ ~RA- B~Y, ~ F~ ~ THE C~E OF ~ AHD ORDI.. ~5; ~0~1~ F~ AN ~FEC. T~ DA~ ' ~ ~ ~ ~ ~d ~ ~e ~e, ~ ~ ~ ~e O ~ C~Y CO~RS TI,~OTHY ~ ~, D~ ~ ~, ~ERK J~y 10 ~. 101~ Sworn to and Subscribe~ before me this j'~ day of ~ 1~/~7 Personally k~x~n by ~e , ¥. /./ ' / ~ ~ ,.- , 2 12C 2 ORDINANCE NO. 97- 32 COLLIER COLTNTY BUILDING CONSTRUCTION ~DMINISTRATIVE CODE AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 96-83 BEING THE COLLIER COUNTY BUILDING CONSTRUCTION ADMINISTRATIVE CODE, FOR THE GAS, MECHANICAL, PLO~BING, ELECTRICAL, FIRE, SWIMMING POOL, AND BUILDING CODES FOR THE UNINCORPORATED AREA OF COLLIER CO~;Ty, FLORIDA BY AMENDING ONLY SECTION 104.2.3 RELATING TO THE RESPONSiBiLiTY OF DESIGN PROFESSIONALS; ALSO REVISING SUBSECTION 104.7.1 AND SUBSECTION 104.7.4 TO REFERENCE THE CURRENT COLLIER COI~TY FEE RESOLUTION NO. 96-594; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 553.73(4) (a}, Florida Statutes, authorizes Florida counties to make local amendment to its building codes; and " WHEREAS, this Ordinance amends Subsection 104.2.3 (Design Professionals) to narrow the SCOPe of responsibilities for design Professionals; and WHEREAS, this Ordinance amends Subsections 104.7.1 and 104.7.4 of Section 124.7 Fees' to update the reference to the County's Fee Resolution No. 96-594. NOW, THEREFORE, BE IT ORDAINED BY TqE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: SUBSECTION 104.2.3 (DESIGN PROFESSIONALS) OF THE COLLIER coLrNTy BUILDING CONSTRUCTION ADMINISTRATIVE CODE IS HEREBY AMENDED AS FOLLOWS: 104.2.3 Design Professional. The design professional shall be an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering and shall affix his official seal to said drawings, specifications and accompanying data, for the following: 1. All structures in Collier ~ ~ ~oun_y. 2. Buildings subject to certified performance under the Collier County Coastal Construction Ordinance No. 87-20, as amended or superseded. 3. Elevated residential structures supported by beams and columns such as piles or piers shall be designed by a professional architect or engineer in the State of Florida for appropriate gravity, horizontal and uplift loads up to the first elevated finished floor level. The remaining portions of the residence above the finish ficor level may be designed per the Collier County Building Codes. - Exception: One and two family dwellings do not require an architect or engineer unless they are in a coastal ccnstructicn zone or are constructed on stilts, piers, piles, etc., as outlined in subsection 104.2.3, 2 or 3, above. ~xcept ~o the extent exoressly contracted by the desiqn d ?~ ~? ~e~xtent_re ulred b Florida Statutes the = ~ ~-ss~n~ ~nal~ not oe responsible e~ ~e~ for determining whether any structure designed by the design professional is being constructed in accordance with his or her design and specifications. A design professional's inspection on any structure shall have no legal effect for purposes of this Ordinance unless the requirements of either Words ~ are deleted; words underline4 are added. 12C 2 Section 553.79(5i or Chapter 468, Part XIII, Florida Statutes, have been met by the design professional. SECTION TWO: SUBSECTIONS 104.7.1 AND 104.7.4 OF SECTION 104.7 (FEES) ARE HEREBY AMENDED AS FOLLOWS: 104.7 Fees 104.7.1 Prescribed Fees. The Board of County Commissioners shall establish, by resolution, a schedule of fees and charges pertaining to permit and inspection processes under this ordinance and related ordinances. It is the intent of these regulations that the County shall not be required to bear any part of the cost of applications made under this ordinance. Collier County Resolution No. 96-594 ~ which is the current schedule of fees and charges for permit and inspection processes, is hereby adopted as the current fee and charge schedule. The charges listed may be changed by Resolution of the Board of County Commissioners and are not subject to the appeal process. No permit shall be issued until the fees prescribed in this section have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical, or gas systems, has been paid. 104.7.2 Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits, shall be subject to a penalty of 100% of the usual permit fee plus the usual required permit fees. 104.7.3 Accounting. The Building Official shall keep a permanent and accurate accounting of all permit fees and other monies collected, the names of all persons upon whose account the sane was paid, along with the date and amount thereof. 104.7.4 Schedule of Permit Fees. On all buildings, structures, electrical, plumbing, mechanical, gas or fire systems or alterations requiring a permit, a fee for each permit shall be paid in accordance with the Collier County Fee Resolution No. 96- 594 95 542 as then amended or superseded. SECTION THREE: CONFLICT AND SEVEP~ABILITY In the event this ordinance conflicts with any other ordinance of Collier County cr other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part cf the Code of Laws and Ordinances of collier County, Florida. The sections of the Ordinance may be renumbered or relettered tc accomplish such, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION FIVE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Secretary of State. Words struck through are deleted; words underlined are added. 2 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ,?.,~-' day of .~,,~,~, , 1997. ATTEST: DWIGHT E. BROCK, Clerk . ~By -~D~p%~ Clerk Approved as to form i~i.[~1 sufficiency: Assistant County A[torney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA T~MOTH~/~ i~COCK, -Chairman -3- Words gtruck throu~t, are deleted; words underlined are added. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-32 Which was adopted by the Board of County Commissioners on the 22nd day of July, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida this 24th day of July, 1997. ' DWIGHT E. BROCK?.'.-" .-~--'"," .".'"'2"' Clerk of Courts and".~le~k":; Ex-officio to Boar~:of ' .. ' ':.. ':' ,. '. ' County Commissio~e~6 ~:. ', "~. ~' . : ueputy Clerk ' '" ....... ItZCX.~'.:T fGl~ LEGAL ADVFJ~TISlIIG Of ~LIC Ct~rt to t~ B~: ~t~ ptK~ ~ fott~tm ~ ,: Petiti~ ~o. (If ~, gi~ ~ief ~ripti~): ~-q7-1 ._............_._ ........ ......................................... ~etjtt~r: (N~ I ~r~s): (1) ~1 $ ~,I,~ A~ ~ N,* ~ite 1, ~pl~, Fla. ~4109 (2) Will~ R. V~es, ~CP, V~e~ & ~s~t~,I~. 800 ~ ~.. ~{~,F~ ~1103 [3) Wa~e ~lt~/, ~ P.O. Prix ~45%: ~; ~t. ~,e~F~. 33918-3 ' (4) State of Fla., ~pt. of Co~mity Affa~ ~u of S~te~~ 2740 Cent~i~ ~i~ - ~e B~g.,Tall~ss~,Fla. 32399 ~eirl~ ~fore: ~~ I~ { / Other ~'~'7 ........... 2;~;~.~'; ............ ' ........................................................ l~t~ hearl~ ~te ~$~ ~ ~rtis~t ~ar[ TS ~fore hearl~. N~rCs) to ~ ~: (~te:~ ~ly if i~rtant I l, l'XXXX/Naptes or t~attF r~ir~ /,, )) /__1 ~her Pr~ Text: (l~t~ t~[ ~ipti~ L c~ t~at{~ & size): Compa~Tc~ petition(s), if w~,, S, ~,~ecl hearing ~te: - D~ Petiti~ Fee l~[~ ~isi~ C~t? l~ o /~ If ~, ~at ~c~t ~td ~ charg~ for ~ertisi~ costs: 113-13S312-649100 P.O.flT000~ Oivis[~ ~e~ Date ~: ' ~ ~ .:'..I,.'. , . " ' C~t Oate ' ~-"; · .... - .... ':. . <.'C.'~. ~, ?, .~, List At t~h~ts:(1) (2) (~) For hearincls before ~.'C or ~2~: initiatir~ izrso~ to toepiece Dee copy and obtain Oivlsfo~ I~ead approval befm'e mttti~ to C~ ~. ~or~: If t~at ~t {s t~tv~, ~ sure that i~ ~si~ t~at r~i~. ~r r~t for Sw, is ~ to C~ lttor~ ~fore ~{ttt~ to e~ty Namer. The ~ge~'~ Office Wilt.,' · ~ ' ' '' :' , ..%3~'" ' o:~,, ~,.,~,/ ,/~.,~ o~..,(~ ~, .... ~ ~'t ~.~t to ct.~'~ o~+r~,~,~ c~;'~.,2 ~ L NOTICE OF PUBLIC HEARING 12C 3 TO WHOM IT MAY CONCERN: Notice is hereby given that Collier County has received an Application for Development Approval for a Development of Regional Impact pursuant to Section 380.06, Florida Statutes, from William R. Vines, of Vines & Associates, Inc., representing Pelican Strand Development Corporation. Approval of this appJication will result in the following development proposal: a. Amends the current development order for the purpose of authorizing an additional 520 dwelling units, changes commercial land use intensities and replaces the current Master Plan with a new Master Plan. The Pelican Strand DRI occupies land located north of Immokalee Road and immediately contiguous the west side of 1-75. Information and reports on the Development of Regional Impact application may be reviewed in the Community Development & Environmental Services Division, Development Services Building, Planning Services Section, 2800 North Horseshoe Drive Naples, Florida 34104. - , F/DOA-97-1 Pelican Strand 12C May 12, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central A~enue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition DOA-97-1 Dear Judy: Please advertise the above referenced notice one time on Thursday, May 22, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 12C ! oF pAc~ -~ ( IN~LUDZi~G THIS FA~ NO: (941) 474-8408 ~ NO: (941) 774-8406 044 05-08 11:~ ~'~'al 941 77d5261 845 ~-~ 15:52 ~ ~3' 53 C~TELLE ~48 ~-~ ~: ~ ~ ~3' 52 9414Z44652 ~ 6 ~11 TOT~ ].2C May 12, 1997 Pelican Strand, Ltd. 1061 Airport ¥oad North, Suite 1 Naples, Florida 34109 RE: Notice of Public Hearing to consider a Petition DOA-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, May 22, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: William R. Vines Wayne Daltry Dept. of Community Affairs 12C May 12, 1997 William Ro Vines, AICP Vines & Associates, Inc. 800 Harbour Drive Naples, Florida 34193 RE: Notice of Public Hearing to consider a Petition DOA-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, May 22, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Pelican Strand, Ltd. Wayne Daltry Dept. of Co.nununi[y Affairs 12C May 12, 1997 State of Florida Department of Community Affairs Division of Resource Planning & Management Bureau of State Planning 2740 Centerview Drive Rhyne Building Tallahassee, Florida 32399 Re: Notice of Public Hearing to consider a Petition DOA-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, May 22, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Pelican Strand, Ltd. William R. Vines Wayne Daltry 12C May 12, 1997 Wayne Daltry SWFRPC P. O. Box 3455 North }ort Myers, Florida 33918-3455 RE: Notice of Public Hearing to consider a Petition DOA-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, May 22, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Pelican Strand, Ltd. William R. Vines Dept. of Community Affairs NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JULY 22, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition DOA-97-1, an Application for Development Approval for a Development of Regional impact pursuant to Section 380.06, Florida Statutes, from William R. Vines, of Vines & Associates, Inc., representing Pelican Strand Development Corporation. Approval of this application will result in the following development proposal: A3r, ends the current development order for the purpose of authorizing an additional 520 dwelling units, changes commercial land use intensities and repla~es the current Master Plan with a new Master Plan. The Pelican Strand DRI occupies land located north of Immokalee Road and immediately contiguous the west side of 1-75. Information and reports on the Development of Regional Impact application may be reviewed in the Community Development & Environmental Services Division, Development Services Building, Plannin9 Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMiMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HA~COCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) Naples Daily News Naples, FL 33940 Affidavit of Publication ................................................................ NOTIC~ j .....~_ ~ m ~AY. ~ARD OF C~NTY C~MISSI~ERS ~T ~t~/~ NAPLES FL 3~101-3016 ~,,~ ~.& ~ ~ ~ e~e AD SPACE: 6.~ INCH rilED ~: ~/22/97 ............................................................................. REFERENCE: 001230 -700012 57491142 ~OTICE OF PUBLIC HEA State of Florida Cou~ty of Collier Before the ue~ersigned authority, personally appeared B. La~b, ~ho ~n oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Nays, a daily neuspaper published at N~ples, in Collier County, Florida: that the attached copy of advertising vms published in said newspaper c>n dates listed. ~.ffiant furt.~er says that the said Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously I:~bLished in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida/ for a period of 1 year next preceding the first pubiicatio~ of the attached co1~y of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, co~w~issio~ or refund for the purpose of securing this advertisement for pubLicatic~ in the said neuspeper. Signature of Affiant , Sworn to and Subscribed before me this - - day of COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement [] Other: (Display Adv.. location, elc.) 12C 3 Originating Dcpt/Div: Comm. Dev. Serv./Planning Perso~. Date: Petition NO. (If none, give brief description): DOA-97-1 o - q 7 Petitioner: (Name&Address): ~~R d No. uil I N le FI ri 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If wore space is needed, attach separate sheet) Vi~ & A iates Inc. 800 Had)our Drive _~_~_~_Florida 34103 Hearing before XXX BCC BZA Other Requested Heating date: ~ N'ewspaper(s) Io be used: (Complete only if important): XXX Naples Daily News Other __ Based on advertisement appearing.10 days before hearing, [] Legally Required Proposed Texl: ([ncludc legal description & common location & Size: Petition No. DOA-97-1 William RVin f Vin . i r nih eli n ndDev I m n . r in n men men D I m n r r ~-'va' ~1 . n I m~5 D ~ m~n Or r96-3 f P li n !2~=!.o merit fRei Ina Im ct RI' ' u_sl~~e D elo men of R i hal Im ~men in nlu~n ofl w' e n i i ' n m i 'n h h in h le for r I ted th n hw inl in flmm kal R ~th Ran e 26 East Collier un Florida. / Companion petition(s), if any & proposed heann~te: / Docs Petition Fee include advertising cost? [~es [] No If Yes, what account should be charged for advertising costs: 113-138323-6491 I0 P,e'view~[ by: ~ t / Approved by: Division Head Date' Coun~ Manager Date LimAttachmen~: DISTRIBUTIQN INSTRUC~TIONS A, For hearings before BCC or BZA: Initiating per~on to complete one coy and obtain Division Head approval before mbmitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessary legal rrview, or request for ~ame, is mbmitted to County Attorney before submitting'to County Manager. The Manager's office will distribute copie~: [] County Manager agenda file: to [] Requesting Division [].Original Clerk's Office " B. Other heatings: Initiating Division head to approve and submit original to Cle~'s Office, retaining a copy for file. ;*~*~i~:i*O'~---l~;~i~';:'; .......................... ~ ..... 7 ....... i~ ........... ~7 ......... Mr. Steven Atkins, Planner Development of Regional Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 Mr. Daniel Trescott DRI Coordinator SWFRPC PO Box 34~ N. Ft. Myers, FL 33918-3455 120 D~VELOP~fENT ORDER 97- RESOLUTiO,'~ ,~UMBER 97- A RESOLUTION AMENDING DEVELOPMENT ORDER NUMBER 90-1, AS AMENDED, FOR THE PELICAN STRAND DEVELOPMENT OF REGIONAL IMPACT, BY PROVIDING FOR: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER BY ADDING A SECTION ENTITLED SOLID WASTE, HAZARDOUS WASTE, MEDICAL WASTE; BY AMENDING THE TRANSPORTATION SECTION; AND RENUMBERING SUBSEQUENT SECTIONS; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TP~NSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the 8oard of Ccun5y Commissioners of Collier County, Florida approved Development Order Number 90-1 as amended, (Resolution Number 90- 67, as amended) (The Development Order~ on February 13, 1990, which approved a De/elopment of Regional impact [DR!) known as Regency Village of Naples which has been renamed Pelican Strand by a subsequent amending Development Order; and WHEREAS, the Board of County Commissioners approved Resolutions ~umbered 90-505,95-457 and 96-484, which amended the Pelican Strand Developmen5 Order, on October 23, 1990, August 6, 1995 and October 22, 1996 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 subjec5 of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, Pelican Strand Ltd. (hereafter "developer") submitted a Notice of Proposed Change for the Pelican Strand Development of Regional Impact, and petitioned the Board of County Commissioners of Collier County, Florida to further amend the Pelican Strand Development Order, Collier County Development Order 90-1, as previously amended; and 1 Words underlined are additions; Words struck through are deletions. 12C WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Co,:ncil {SWFRPC) and held a public hearing on the petition on July 3, 1997; and WHEREAS, the Board of County Co~missioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Plannit§ Commission and held a public hearing on the petition on July 22, 1997; NOW, THEREFORE, BE iT RESOLVED by the Board of County Commissioners of Collier County, FlorLda that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. The Findings of Fact Section of Development Order 90-1, as amended (Resolution 90-67, as amended) is hereby amended to read as follows: FINDINGS OF FACT The real property which is the subject of the ADA is legally described as set forth in Exhibit A, the Planned Unit Development Document for Pelican Strand attached hereto and by reference made a part hereof. The application is in accordance with Section 380 06(6) Florida Statutes. ' ' 3. The applicant submitted to the County an ADA and sufficiency responses known as composite Exhibit B, and by reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this Order. 4. The applicant proposes the development of Pelican Strand Planned Unit Development for 574.6 acres which includes: 30 acres of commercial uses to include a 260 140 room motel, ~0,000 80,000 square feet of office commerc--i~l, and 120,000 square feet of retail commercial; ~80 1200 residential dwelling units on 6-% 167.8 acres; an la-hole golf course and buffers on 172.5 203.3 acres; 27.~ 82.8 acres of conservation areas; 74.5 73.7 acres of lakes for water management; and ~. 26.3 acres of roads. 5. A Notification of Proposed Change to a Previously Approved Development of Regional Impact (DRI) was filed and processed as required by Subsection 380.06(19) Florida Statutes. 6. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 7. The development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(11), Florida Statutes. 2 Words underlined are additions; Words _-tr,_.~_k %hr_~ugh are deletions. 12C 3 8. The development is consistent with the current land development regulations and the Growth Management Plan of Collier County. 9. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. 10. The development will not interfere with the achievement of the objectives of the adopted 2tare I,and Development Plan applicable to the area. 11. The development is consistent with the State Comprehensive Plan. B. The Concluslons of Law Section of Development Order 90-1, as amended (Resolution 90-67, as amended), is hereby amended to add a paragraph entitled "Solid Waste, Hazardous Waste, Medical Waste" to read as follows: 4. SOLID WASTE/HAZARDOUS WASTE/MEDICAL WASTE (Refer to Appendix II) The applicant shall incorporate the solid waste demands of the pro~ect into the County solid waste management program and explore possibilities cf extending the life of the landfill by reducing the solid wa~3te volume by employing practices such as conservatio,1, recycling, trash compaction, and mechanical shreddinq. The project shall be bound by all applicable recycling requirements in Collier County at the time of development. Any business located within the Pelican Strand Development, which generates hazardous waste, shall be responsible for the temporary storage, siting and proper disposal of the hazardous waste generated by such businesses. However, there should be no siting of hazardous waste storage facilities contrary to Collier County Zoning Regulations. Buildings where hazardous material or wastes are to be used, displayed, handled, generated or stored shall be constructed with impervious floors, with adequate floor drains leadinq to separate impervious holding facilities which are adequate to contain and safely facilitate the cleanup of any spill, leakage, or contaminated water. 5. Generation and discharge of hazardous waste effluent into the sewage system shall be prohibited unless approved by permit issued by the Florida Department of Environmental Protection. C. Paragraph 4, "Transportation", of the Conclusions of Law Section of Development Order Number 90-1, as amended (Resolution Nuraber 90-67, as amended), is hereby amended to read as follows: Words underlined are additions; words ~ruck thrcu~h are deletions. TRANSPORTATION The applicant or his successors shall be fully responsible for site-related roadway and intersection improvements required within the Pelican Strand DRI. The applicant shall be required to pay the full cost for any site-related intersection improvements (including but not limited to signalization, turn lanes and additional through lanes) found to be necessary Dy Collier Counuy for the project's access intersections onto Immokalee Road (CR 846)= and the future extension of Livingston Road. The site access points shall be located and developed consistent with Collier County's access management standards and permit requirements. The Pelican Strand DRI shall be subject to the Collier County Adequate Public Facilities Ordinance (Ordinance No. 90-24). The Collier County Adequate Public Facilities Ordinance {"APF" Ordinance) generally requires that by May 1 of each year an Annual Update and Inventory Report on public facilities (AUIR), including roadways, be prepared and submitted to the County. The APF Ordinance requires the Board of County Commissioners to establish areas of significant influence (ASI) around any road segment or intersection which is deficient or is projected by the AUIR to become deficient and which is not scheduled for improvement in the Capital Improvement Element (CIE) of the comprehensive plan in a manner and time which would provide facilities concurrent with the impacts of development pursuant to said APF Ordinance. If any of the road segments identified in Paragraphs_ ~,.~.~, ~ ~ 5.b.(2) through (4) of this development order become deficient in the future, the County shall establish an area of significant influence (ASI) around such segment pursuant to the Collier County Adequate Public Facilities Ordinance. Pursuant to the APF Ordinance, projects within the boundaries of an ASI which is drawn around a deficient road segment are unable to obtain further Certificates of Public Facility Adequacy. Projects within the ASI drawn around a road segment which is projected to become deficient are unable to obtain Certificates of Public Facility Adequacy that would allow impacts to exceed the remaining capacity of those road segments. The standards to be utilized by Collier County in establishing the boundaries of the ASI's are set forth in Section 7.4.2 of the APF Ordinance. tn addition to the provisions of the Collier County APF Ordinance, the Pelican Strand DRI shall be subject to the following conditions regarding the transportation impacts of the development: (1) The Pelican Strand Development of Regional Impact is subject to the specific requirements of the Adequate Public Facilities Ordinance No. 90-24 as that Ordinance existed on July 1, 1990. Any amendment to the transportation portion of that Ordinance by Collier County shall not be effective or applied to the Pelican Strand DRI unless and until this Development Order is amended to incorporate and render applicable such changes or amendments to the APF Ordinance. Words underlinad are additions; Words mtruck through are deletions. 12C .3 si§nlficant roadway segments -^-~ ..... i ........ ~" o nifican .... ~ ....... ~ ........................ ~ .... aq~tc cf its final buS-t~ out. Thc rcglcnally e-i~nifieant rsad'.+a~e--and intersections identified in said report arc thc Ug 41 to I 75 ........ '"'~ ~R 396) I n t cr.=~ect ions T ..... ~..~..~ n..~ ~. ~} at ~ ~:. ~ cast , ...... ..... , ........... ;'~ngston Road 4~oka!cc n~,~,.~.~ ,~.~,, 84~) at Airport,,~ (2) Adeauate commitments to provide the necessary i~nprovements, including, but not limited to design and e__ngineerin~ utility relocation, right-of-way accuisition, construction, construction contract administration, and construction inspection necessary to maintain the adopted level of service for the following significantly impacted reqional roadway throuch project build out in 2002. Immokalee Road - US 41 to Goodlette-Frank Road - Goodlette-Frank Road to Airport-Pulling Road - Airport-Pulling Road to Pelican Strand Entrance - Pelican Strand Entrance to 1-75. (3) Adeqqate commitments to provide the necessary improvements, includinc but not limited to, right-of- way, cost of signalization, turn lanes, and other ~mprovements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections throughout project build out: Immokalee Road/US-41 Immokalee Road/Goodlette-Frank Road Immokalee Road/Airport-Pulling Road Immokalee Road/I-75 East Ramps Pine Ridge Road/I-75 East Ramps. improvements to the facilities outlined in recommendations "b" and "c" above shall be made at the time that a road secment or intersection is expected to exceed the level of service standard adopted in the local comprehensive plan. Service level determination shall be made by Collier County. To determine the existinq levels of service on regional facilities and the need for imDrovements in a timely manner, the 5 Words underlined are additions; Words ~-~uck thrcugh are deletions. applicant shall submit an annual monitoring report to Collier Count,f, Florida Department of Transportation, Florida Department of Com~munlty Affairs and the Southwest Florida Regional Planning Council for review and aporoval. The first monitorinq report shall be submitted one year after the aosroval of the develooment order for the Pelican Strand DRI. Reports shall be submitted annually thereafter until after buildcut of the mronect. At a minimum, the report shall contain p.m. peak hour trip generation estimates and turning movements at each of the access intersections and the off-sit~ intersections listed above in recommendation "c"~ and a ~ ~cu ~a~ lation of the existin~ level of service at thes- intersections and on the road segments indicated abov~ in recom~mendatlon "b". The levels of service shall be calculated according to current professional standards. The re~ort shall also provide a calculation of th~ exzstin9 level of service on the facilities and the estimated levels of service and project impact for th~ next year. The annual monitoring report shall also identif~ the status of the road improvements assumed to be committed ir, the ADA, and any deviations from the schedule identified in ADA shall be addressed in the Notice of Proposed ChanGe process Der Chapter 380 O6~ia), Florida ~ · ~ ..' ,~atutes. Based on the transportation assessment of significant project imDacts, construction of the following transoortation improvements shall be needed prior to, or coincident with, development of the Pelican Strand DRI, if adopted level of service conditions are to be maintained throuch buildout {2002) on regional roadway segments and intersections. Regional Roads Immokalee Road - US 41 to Goodlette-Frank Road - Widen to 6 lanes Goodlette-Frank Road to Airoort-Pullinq Road - Widen to 6 lanes Airport-Pulling Road to Pelican Strand Entrance - Widen to 6 lanes Pelican Strand Entrance to 1-75 - Widen to 6 lanes Regional Intersections Immokalee Road/US 41 East and westbound through lanes Eastbound dual left turn lanes Northbound dual left turn Lanes Signal retiminq Immokalee Road/Goodlette- East and westbound through Frank Road lanes Westbound dual left turnlanes Northbound dual left turn lanes Signal retiminq Immokalee Road/Airport-East and westbound through lanes Pulling Road Signal retiming Immokalee Road/I-75 Ramp 6 Words underlined are additions; Words -"truck thrc'_'gh are deletions. Ma~o~ ±nterchan~e improvements · Eastbound right turn exit ramp * Pine Ridge Road/I-75 East Ram~ S__ignal retiminq · Or construction facilit~ (LivinGston Road N/S___~) .!5)_ Development Order options may be considered b~ Collier Count~__~k~ the a~licant to the extent that th . - p~vide adeq-~at~ c~.~n---~m=~-J .... - nne options ~,,,~,,ua lor lm roveme~ts ' - above ~o si~; .... ~ , . , p v~ments indicated - .... u~nu~ l~pacteG r ' -~ ~ntersec~i n~ ~--~ ~__ ~onal roadways and ~ever, should be done w~th the understandi~ 'that the~ ~= =xercls lowi~ conditions shal~ be met: (a~ ~ ann~a~ monitoring reports confirm that peak season, peak hour directional traf~c on the regional road segments and intersections above exceed the level of service standards adopted b~ the County ~ {h~p~ i~ilizing more t~an 5% of the adopted leve~ of service C~cit~ (s~gnificant impact), then further buildi~ permits and certificates of occupancy shall not be ~ until the standards of th~ d~ ~e~-~~~tem have ~ee . . treated in relatf~to the concurren~ will management system. _(b) The transportation impact to the roads and intersections above shall be appropriately ~ddressed consistent ~th Southwes~-~lorid~ ~egionai Planning Council policies, and the determination of P~oportional share and/or ~%i~i~ of ~h~ ~eg~O~ ro~9~~ sha~f be i~ ac~or~n~H ~ecti~n i63.3220, ~.S. whic~ requires a Local Government Develo me ~nd a c~'~ ~. ~ nt Agreement ~u ~ COUlOmb= uy un~licant and/or t~ ~ ~ve~ent to ~nsure concurrency nn al~ ne Local ~gn.~r~cantly ~mpacted regional~r~ads.~ ~(6) The Applicant shall provide within fifteen (15) days of publication each year, a copy of said AUIR on the regional facilities set forth in Subsection ~ 5.b. (2) through_(4~ hereof to the DCA and SWFRPC. ~(5~ In the event that the Collier County Board of Co~issioners designates an ASI around a d'eficient road segment identified in Subsection ~.b. (2~ 5.b. (2) ~hrough (4) hereof that is predicted to be substan~ally impacted by the Pelican Strand DRI and the ASI does not include the Pelican Strand DRI, then the applicant shall file a Notice of Change of this development order with Collier County, the Southwest Florida Regional Planning Council, and the Department of Co,unity Affairs, pursuant to Section 380.06(19) Florida Statutes. , ~5~(6~ The applicant shall file a Notice of Change within sixty (60) days from the date the County creates an ASI for such a deficient road segment that excludes the Pelican Strand DRI. The applicant shall file with the Notice of Change a current traffic analysis and other information attempting to establish that the Pelican Strand DRI is not having a substantial impact upon the 7 Words ~ are additions; Words ~r~ are deletions. ~7)(8) pertinent road segment, or other justification for the County's exclusion of the DRI from the ASI. If an ASI is established for any deficient road segment listed in Paragraph 4.b. (2) of the development order that does not include the Pelican Strand DRI, the DRI shall not apply for or be issued any Certificate of Public Facility Adequacy until the Notice of Change decision is made by Collier Ccunty, if neither DCA nor SWFRPC participates in the public hearing on the Notice of Change pursuant to 380.06(19) (f) and the change is adopted by Collier County, as proposed, or until any appeal of such decision to the Florida Land and Water Adjudicatory Comm. ission is resolved. For purposes of enforcement of this development order the Pelican Strand DRI shall be deemed to have a substantial impact upon a deficient road segment if its traffic impacts exceed five percent (5%) of the level of service "D" peak hour peak season capacity of the roadway. The County shall provide the requisite public notice and hold a public hearing on the Notice of Change as expeditiously as possible. Following a public hearing, Collier County shall amend the Pelican Strand DRI Development Order to record its determination as to whether The County shall provide the requisite public notice and hold a public hearing on the Notice of Change as or not Pelican Strand is having a substantial impact upon the deficient road segment or otherwise should not be included within an ASI for the deficient road segment. In making this determination, the County shall include the impacts resulting from all development to occur pursuant to the Certificates of Public Facility Adequacy previously issued to Pelican Strand. The amendment to the Pelican Strand Development Order is appealable pursuant to Subsection 380.06(19) and Section 380.07, Florida Statutes. If neither DCA nor SWFRPC participates in the public hearing on the Notice of Change pursuant to 380.06(919) (f), and the change is adopted by Collier County as proposed, the Pelican Strand DRI may be issued Certificates of Adequate Public Facilities following the County's development order decision. If either DCA or SWFRPC participates in the public hearing, the Applicant shall not apply for or be issued Certificates of Adequate Public Facilities until the deadline for appeal of the Collier County decision has expired pursuant to Section 380.07, Florida Statutes, and no appeal has been filed. Interconnection between Pelican Strand and adjacent subdivisions shall be encouraged. If Piper Boulevard is extended as a frontage road from Livingston Road to the property boundary of Pelican Strand, an interconnection to Pelican Strand will be reviewed by the applicant and by the County Department of Transportation at that time. If the County deems the interconnection is appropriate, the developer shall provide for the interconnection. e. On CR-848 west of 1-75, a one-mile spacing for major roadway intersections will be implemented for the probable build-out 8 Words underlined are additions; Words , .... u s ....... ~-krcuFh are deletions. condition of six thru lanes. During two-lane conditions and four-lane conditions, a major "access" intersection will be allowed at an approximate one-quarter mile spacing with the following conditions/constraints: i. At ~he time of warrants being met for signal systems, the signal system shall be installed at the developer's fair share expense, shall be coordinated with the signal system at 1-75 and Livingston Road, and shall be operated in such a fashion so as to minimize thru movement delays ("access" intersection cycle dependent upon completion of thru movement cycles). 2. At the time of CR-846 six-laning, the County retains the option of signal system removal along with median opening removal at the one-quarter mile intersecting spacing location. 3. At the time after permitting median openings/installation of signal systems, ~he County retains the option to remove median opening and/or signal system at the one-quarter mile intersection spacing location should either or both traffic accident data and thru lane capacity data indicate a need based on criteria set forth in thc current edition of the Manual on Uniform Traffic Control Devices (MUTCD), FDOT policy, and/or County policy. D. Paragraph 5, "Vegetation and Wildlife/Wetlands", of the Conclusions of Law Section of Development Order Number 90-1, as amended (Resolution Number 90-67, as amended), is hereby amended to read as follows: 6_~. ~. VEGETATION AND WILDLIFE/WETLANDS a. The permit application to the SFWMD shall include detailed plans and appropriate documentation which delineates: buffer areas adjacent to the wetlands identified for preservation, the extent of encroachment into the wetlands, verification that the proposed control elevations will maintain adequate wetland hydroperiods, acreage figures and cross-sections for all mitigation areas, a mitigation proposal that is consistent with District criteria regarding wetlands and mitigation ratios and which includes a wetland monitoring add maintenance program. b. Upland preservation additions to the wetland conservation areas on the proposed adjacent golf course areas shall be illustrated on the site development plan for each phase prior to approval of that phase by Collier County. c. The golf course shall be specifically designed to provide maximum tree preservation via a forested corridor that will maintain foraging habitat for Big Cypress Fox Squirrels. d. The existing rock quarry shall be modified to provide a more natural shoreline with littoral zone and connection to the two adjacent cypress areas. e. The proposed hydroperiods and seasonal water elevations shall be designed to be as close to eleven (11) inches above 9 Words underline~ are additions; Words struck ~rcu~h are deletions. the wetland surfaces in the rainy August-September period as practicable. Machine clearing shall be performed in areas dominated by exotics while hand clearing will be used in the balance of wetland and conservation areas. .7 acres of lake littoral zones shall be created. The threatened pine pink ground orchid shall be transplanted to suitable areas such as low golf course rough or water management swales if it is encountered prior to construction. Pines and other trees, as well as under-story plants, will be maintained in conservation areas; in all areas of the golf course, consistent with good golf course design, excluaing the fairways; and in yards and green spaces. Hakitat pods for the Big Cypress Fox Squirrel shall be located periodically (randomly) throughout the project. Prior to the issuance of any land clearing permit within the added 375.3 acres, provisions of the e Fox Squirrel Habitat Management Plan for that area shall be approved by the Florida Game and Fresh Water Fish commission bY letter dated November 4, 1996, shall be complied with. E. Paragraph 6, "Water Supply", of the conclusions of Law Section of Development Order NumDer 90-1, as amended, (Resolution Number 90-67, as amended), is hereby amended to read as follows: 7, ~ WATER SUPPLY a. All construction plans, technical specifications, and Droposed plats, if applicable, for the proposed water distribution system, and any possible on-site water treatment system, shall be reviewed and approved by Collier County Utilities prior to commencement of construction. b. Should Collier County not be in a position to supply potable water to meet the consumptive demand of this project, the Developer or his successors at this expense, will install and operate interim water supply and on-site treatment facilities adequate to meet all requirements of the appropriate regulatory agencies. c. At such time as the County's off-site facilities are available, in accordance with County ordinances and/or State Statutes, the Developer, his assigns or successors, shall abandon, dismantle and remove from the site, the on-site water treatment facility, and will discontinue use of the on-site water supply, at no expense to the County. d. Connection to the County's off-site water facilities shall be made by the owners, their assigns or successors, at no cost to the County, within 90 days after such facilities become available, in accordance with County ordinances and/or State Statutes. e. At such time as off-site County water facilities are available for the project to connect with, all potable water facilities described in the July 19, 1985 Memorandum 10 Words u_~nnderlined are additions; Words ~ are deletions. Oo (Appendix i of the ADA) will be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the tiz.e. If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand, at a rate approved by the appropriate Fire Control District servicing the project area. The developer, his assigns or successors, shall be bound by all other County potable water requirements, as contained in the July 19, 1985 County Memorandum (Appendix I of the ADA). As the South Florida Water Management District has advised the applicant that the Lower Tamiami Aquifer might not be available, as a supplemental irrigation source, at the time of permit application, ~he applicant shall investigate the possibility of using other aquifers, or other water sources entirely. Prior to the permitting of any additional withdrawals from the Lower Tamiami Aquifer, the applicant will be required to provide documentation to the District that saline water intrusion, unacceptable low water levels, and/or adverse impacts on either on-site/adjacent wetland areas of existing users will not occur as a result of any proposed withdrawals. ' For the purposes of non-potable water conservation, Pelican Strand will utilize xeriscape principles in the design and maintenance of the project's landscaping. Prior to the permitting of withdrawals from project lakes or interconnected lake systems which have wetland areas adjacent to them, documentation must be provided to the South Florida Water Management District which demonstrates that the wetland hydropericd will be maintained. The applicant may withdraw water from isolated lakes or lake systems only if documentation is provided to the District that indicates that on-site and off-site wetlands will not be adversely impacted by such withdrawals. Private wells for multi-family irrigation systems shall not be promoted by the applicant. Permitting of such activities is at the discretion of the South Florida Water Management District and appropriate local agencies. In view of the condition of the Lower Tamiami Aquifer, the applicant is strongly encouraged to find other irrigation sources for residential areas. As lakes on the project are to be used for irrigation purposes, an impermeable barrier of clay or muck shall be placed between wetlands and lakes wherever water elevations in the lakes are set below seasonal high water elevations. On-site wetlands and lakes shall be buffered from possible contamination from spray effluent used for irrigation purposes. The lowest quality of water possible shall be utilized for all non-potable water use. 11 Words pnderlined are additions; Words ~.tr'_'ck thrc'_'gh are deletions. r. All commitments made by the applicant, within the ADA related to Question 23 and subsequent sufficiency rounds, no in conflict with the above recommendations shall be incorporated as conditions for approval. E. Paragraph 7, "Consistency with Local Growth Management Plan", of the Conclusions of Law Section of Development Order Number 90-1, as amended (Resolution Number 90-67, as amended), is hereby amended to read as follows: 8. a~. CONSISTENCY WITH THE LOCAL GROWTH MANAGEMENT PLAN a. The DRI's land uses are consistent with the local government growth management plan. F. Paragraph 8, "General Considerations", of the Conclusions of Law, Section of Development Order Number 90-1, as amended (Resolution Number 90-67, as amended), is hereby amended to read as follows: 9__. ~. GENERAL CONSIDERATIONS The development phasing schedule presented within the ADA and as adjusted to the effective date of development order approval is incorporated as a condition of approval. This phasing schedule supersedes that schedule contained in Ordinance 85-61, Regency Village of Naples PUD. If development order conditions and applicant commitments incorporated within the development order, AD or sufficiency round responses to mitigate regional impacts are not carried out as indicated, then this shall be presumed to be a substantial deviation for the affected regional issue. If during the course of monitoring the development, the local government can demonstrate that substantial changes in the conditions underlying the approval of the development crder have occurred cr that the development order was based on substantially inaccurate information provided by the developer, resulting in additional substantial regional impacts above the thresholds for a substantial deviation found in Section 380.06(19(, Florida Statutes, than a substantial deviation shall be deemed to have occurred. Pursuant to Chapter 380.06(16), the applicant shall receive credit for contributions, construction, expansion, or acquisition of public facilities if the developer is also subject by local ordinances to impact fees or exactions to meet the same needs. Except as provided herein or in Ordinance 85-61, the development shall comply with the Growth Management Plan (including the Concurrency Management System) and all applicable County regulations, unless specifically waived or modified by action of Collier County. The development shall ccmply with Collier County Land Development Code Division 3.2, which requires the submission, review, and approval of a Subdivision Master Plan. 12 Words underlined are additions; Words -"truck through are deletions. G. Paragraph 9, "PUD Document", of the Conclusions of Law Section of Development Order Number 90-1, as amended (Resolution Number 90-67, as amended), is hereby amended to read as follows: SECTION TWO: P.U.D. DOCUMENT The approved Pelican Strand PUD document and Master Development Plan, as those documents may be officially modified from time to time, are hereby incorporated in and made a part of this Development Order and are entitled Exhibit "A", attached hereto. FINDINGS OF FACT Co Eo That the real property which is the subject of this amendment petition is legally described as set forth in Exhibit "A", attached hereto and by reference made a part thereof. The application is in accordance with Section 380.06(19), Florida Statutes. The development of Pelican Strand on 574.6 acres of land is for commercial, industrial and residential tourist uses. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC. A comprehensive review of the impact generated by the requested amendment has been conducted by the County's departments and the SWFRPC. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, SECTION THREE: CONCLUSIONS OF LAW A. The requested amendment of the previously approved Development Order is consistent with the report and recommendations of the SWFRPC. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with ~he achievement of the Words underline_d are additions; Words -_tr.lck thrcu9h are deletions. objectives of the adopted State Land Development Plan appl±cable to the area. C. The proposed amendment to the previously approved development is consistent with the Collier County Growth 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 FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER (S), TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 90-1, as amended 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 97 shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of the Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjo~ie M. Student Assistant County Attorney f/Rom/Pelican Strand/ 14 Words underlined are additions; Words struck through are deletions. 12C 3 FAX LOCATION: COLT.~ COUI~'SCY C01~R'/'HOUS]~ FAX PHONE NO: (941) 774-8406 154 E~3-19! 15:31 00°0~'55 918 5855182 OK 1 0688~06600 155 ~-19 15:39 ~01']2 918 5855182 OK 2' ~Ci~ 1~ ~-~' ~:53 ~02'0~ 9263~864 ~ ~ ~~17 157 ~-20 10:11 ~04'03 94032366 ~ 4 ~211 1~ 06-20 10:2d ~'02'57 9263~864 OK 5 ~~12 159 ~-~ 11:26 ~02'57 92634864 OK 5 ~~11 160 06-~ 13:11 ~'42 941 482 6421 161 06-23 11:44 ~01'33 9263486~ · 2 ~01~A%, 162 ~-23 ll:a6 ~02'17 92634864 ~ 3 ~~~' 163 06-24 1~:04 00~02'02 9265~864 OK 3 ~~16 16~ 06-24 1~:08 ~"~'53 941 7?45261 165 06-24 15:16 ~02'13 92634864 1~ ~-25 09:32 ~'~'46 94~ ??45261 167 06-25 11:37 ~01'47 9263~4 1~ ~-~ 13:23 ~'53 1 941 4~ 9622 169 ~-~ 12:~ ~02'17 9~ ~ 3 I~~~ TOT~ :PGS 12C 3 June 27, 1997 Ms. Judith Fl~nagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition DOA-97-1 Dear Judy: Please advertise the above referenced notice one time on Sunday, July 6, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JULY 22, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition DOA-97-1, William R. Vines, of Vines & Associates, Inc., representing Pelican Strand Development Corporation, requesting an amendment to Development Order 90-1, as previously amended by Development Order 90-7, Development Order 95-4 and Development Order 96-3, for Pelican Strand Development of Regional Impact (DRI), previously named Regency Village of Naples Development of Regional Impact (DRI); by amending findings of f~ct; by modifying acreages and land use intensities; and by amending conclusions of law; general considerations; and by modifying the phasing schedule, for property located at the northwest intersection of Immokalee Road (C.R. 846) and 1-75, in Sections 18 and 19, Township 48 South, Range 26 East, Collier County, Florida. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) 12C June 27, 1997 Daniel Trescott DRI Coordinator SWFRPC P.O. Box 3444 N. Fort Myers, FL 33918-3455 Re: Notice of Public Hearing to consider a Petition DOA-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 6, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Steven Atkins Pelican Strand William R. Vines 12C June 27, 1997 William R. Vines, AICP Vines & Associates, Inc 800 Harbour Drive Naples, FL 34103 Re: Notice of Public Hearing to consider a Petition DOA-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 6, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Steven Atkins Pelican Strand Daniel Trescott 12C 3 June 27, 1997 State of Florida Department of Community Affairs Development of Regional Impact Section 2740 Centerview Drive Rhyne Building Taliahassee, Florida 32399 Re: Notice of Public Hearing to consider a Petition DOA-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 6, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Pelican Strand, Ltd. William R. Vines Daniel Trescott June 27, 1997 Pelican Strand, Ltd. 1061 Airport Road North, Suite 1 Naples, FL 34109 Re: Notice of Public Hearing to consider a Petition DOA-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 6, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Steven Atkins William R. Vines Daniel Trescott Naples Daily Ne~s f4aples, FL 33940 Affidavit of Publicatio~ Haples Daily flews BOARD OF (OUHTY CO~MISSiOflERS ATTN: NANCY SALGGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 --700012 57531177 ~TICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who c~q oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of the advertising was published in said newspaper on dates Listed Affiant further says that the said Naples Daily Hews is a newspaper published at Naples, in said Collier County. Florida, and that the said newspaper has heretofore been continuously published in said Collier Cc~dnty, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or cchooration any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED Of;: AD SPACE: 64.000 INCH F~LED ON: 07/07/97 Signature of Affiant ~ Sworn to and Subscribed before me this i'~ day of ~ 19'~'~ Personally known by me ~ . .? [t~ / ]J :~. 12C 5 j NOTICE OF PUBLE; HEARING Notice is hereby g/Yen thof lt~ B<x3'd i of Courth, Comm~sskx~e-s of Collier Co~r~, !wil~ hold a public hearing o~ TUESDAY, !JUL'~ 22,1997, in the Boordroom, ~-~ Floor, Administration Building, Collier County Governmem' Center, 3~I East Tomiomi T.roil, Noires, Florida. The meeting will ~17 at 9;.0~ A.~ The Boord will consk~er Pc- t~ton DOA-97.1, WIIIIom R. Vines, of Vines I& As$ockrtes, Inc.. re~resenting Pelicon . Strond D~velopme~ Corporation, re:ax, st. lng an omendment to Development Order ~0.1, as previously amended b,/ Develo~ lent Or~r 90.7, D~ve~men~ C)rUer 9.94 ond D~vek:,~ment Or,er 96-3 for Pellcon Strond Devel~ment of Regor~l Irt~x~ct (DRI), Previously horned Reg~r~y Vi I o ge Hoples Development of Regonat Im¢~ (DRI)[ by omending flr~lngs of fact. by m~ih, lng ocreoges a~ Iond use I;'~ensl. ties; oncl by amending conclusions of ~ I~ner.o( consi~erolions; and by )me pnasing schedule, for propech/ Iocoted i~ ~e __r~xthwest interseclton of Immce, oteeI ~, _ow~she aa South, Ronge 26 East, Col. lier Lo~nt'/, F~k~. All interested l:~rlles ore lnvite~ to of. tend, .*o register to s,oeok ond to submit their obiectio~s, it onV, in writing, to the Boord prk~ to the public hearing. _ ~y IX, rso~ who deci~s to apfk-ol a oecls~on of the Board will nt~d a record of the proceedings pertaining thereto, and · ~b~j~heretore, moy need to ensure ~ o vet. recorU of the Proceeolngs Is made, record includes the tesflmo~/ ond evioL, nce ~ which the ol~ is to De BOARO OF COUNTY CO/AMISDONERS COLLIER COUNTY, FLORIDA .TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Sue Borblrd11, Oefx.,tv Cler~ (SEAL) July 6 No. 1031293 .:?..~;c~...... Ju~h A. Flan~g~n Februa,'~ t9 20(jO FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.LA.I~E--FII~ HAME--MIOOLE NAME Norris, John C. 3301 East Tamiami Trl Board of County Commissioners TI4E ~,OARCL COUNCIL CO~41S.51ON. AdUTHORITY. O& CO;%4MI'I-TF.E ON 'WHICI., , SERVE IS A UNIT OF: 120 · CIIY X: COUNTY i t (7TILER I.OCAI AGENcr Col 1 ier 11~' COUN-f Y NAM,'~2 OF POLITICAL 5USLIIVISlOH: FL 34112 Col lier County July 22, 1997 WHO MUST FILE FORM 8B form is for use by an)' person serving at thc county, city. or other local level of government on an appolntcd or dcctcd boated. ~ commission, auzhoricy, or commitr~ h appli~ ~ually zo mcmbc~ of adv~ ~d non-ad~so~ ~i~ who ~ a vo~ing confli~ of in~crcs~ un&~ S~i,~n 11~143. ~orida S~m~es. ~c rcquircmc~ of d~ ~w ~ ~zo~ ~thou~ ~ of Ihis papillae fo~ is not ~uircd by law. you arc cncou~g~ to usc it in making cbc di~losurc ~ui~ ~ law. ~nsibilki~ under thc law when faced with a mc~urc in which you have a confli~ of intcr~z will ~ ~dy d~nding wh~hcr you hold an elective o,' appointive ~sifion. For this re.on, plea~ pay close attention to the i~cru~io~ on th~ form ~fom completing the ro'erse ~ide and filing ~he form. .;.. : INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: · ^ person holding elective county, municipal, or other local public officc .MUST ABSTAIN f}om voting on a me. ute which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special I-Mn of a principal (other than a governFaent agency') by whom he is retained. la either case. you should disclose the conflicz: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of )'our interest in the measure on which you are abstaining from voting; and V¢ITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordin_~ the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the sL-'ecial gain of a principal (other than a government agency) by whom he is retained. A person holding an appoimive local cf rice otherwise may participate in a matter in which he has a conflict of interest, but mus~ disclose the nature of' the conflict before making any auempt to influence thc decision by oral or xvritten communication, whether made by thc officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMt'rF TO Ii(/FLUENCE THE DECISION PRIOR TO THE MEETING AT %X'HICH THE VOTE WILL BE TAKEN: · '~bu should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording thc minutes of the meeting, who will incorporate the form in the minutes. · .-% copy of the form should be provided immediately to the otl~er members of ~he agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflic~ of interest. IF YOU I~,{AKE NO A'ITE3vIPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT TIlE MEETING: · You should disclose orally thc nature of your conflic~ in thc m~sure I:~for¢ parHcipadng. · You should compile thc form and file it within ! 5 cl~y~ ~f~ Iht vote occur~ wilh Ihe I~on responsible for r~'~rding thc n",inuI~ of ~h¢ m¢c6ng, who should inco~ratc Iht form in Iht minu~cs. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. john C, Norris , hcrcbydisclosc~ha! on (a) A m¢~surc c~mc or will come before my a§cncy which (check one) *n/a inured Io my special private ~,~in: or *n/a inured Io !he spcciaJ gnln of (b) Thc measure before my agency and thc nalur¢ af my in~¢rcs[ in thc measure is as follows: July 22 .19__97 : · by whom [ am rcl~inod. Agenda item 12(C) (3) Petition DOA-97-1, William R. Vines of Vines & Associates, Inc., representing Pelican Strand Development Corp., requesting an amendment to Development Order 90-1 as previously amended by Development Order 90-7, Development Order 95-4, and Development Order 96-3 for Pelican Strand Development of Regional Impact (DRI) previously named Regency Village of Naples Development of Regional Impact(DRI) ; by amending Findings of Fac{; by modifying acreages and land use intensities; and by amending Conclusions of Law and General Considerations for property located at-the northwest intersection of Immokalee Road (C.R. 846) and 1-75 in Secs. 18 and 19~ T48S, R26E. After consultation with .the County Attorney, I abstained from voting on the above matter pursuant to Section 286.012, Florida Statutes, which provides that "no member of any state, county, or municipal governmental board, commission or agency who is present 'at any meeting of'such body at which.an.official decision, rGling or other official act is to be taken or adopted ~ay'abstain from voting...except when, with respect to any such member, there is, or appears tc be, a possible conflict of interest under the provisions of S.112.311, S.i12.313, or S.112.3143. In such cases, said member shall comply with the disclosure requirements of S.112.3143." My abstention is .based upon a pending legal determination of "businss associate" as provided in ~112.312(4), F.S. -- July 22, 1997 >:,~' _ "-- ' Dz:¢ Filed .' Si&nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (198S), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND NIAY BE PUNISHED BY ONE OR NIORE OF THE FOLLOWING: I,xIPEACH.%lENT. RE.%IOVAL OR SUSPENSION FRONI OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SAL~ARY. REPRINIAND. OR A CIVIL PENALTY NOT TO EXCEED $S.000. 12C D~'%FELOi~NT ORDER 97- 3 RESOi,;iTION HUMRER 97- 295 A PESOI,UTIOH AHRHDTHC; ['IRVEh©PH[-;IIT cP'hI.P NUMBER 90-1, AS AHENDED, FOR THE PELICAN STRAND DEVELOPHENT OF REGIONAL IMPACT, BY PROVIDING FOR: SECTION OHE: AMENDMENTS TO DEVELOPHENT OPDE~ B'f ADDIHG A SECTION ENTITLED SOLID WASTE, HAZARDOUS WASTE, HEDICAL WASTE; BY AMENDING THE TRANSPORTATION SECTION; AND RENUMBERING SUBSEQUENT SECTIONS; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSION~ OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TPM/SHiTTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Cemmissioners of Collier County, Florida approved Development Order Number 90-1 as amended, (Resolution Number 90- 67, as amended) (The D~¥elopment Order) on February 13, 1990, which approved a Development ct Regional impact (DRi} known as Regency Village of Naples which has been renamed Pelican Strand by a subsequent amending Development Order; and WHEREAS, the Board of County Commissioners approved Resolutions Numbered 90-505,95-457 and 96-484, which amended the Pelican Strand Development Order, on October 23, 1990, August 6, 1995 and October 22, 1996 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 Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, Pelican Strand Ltd. (hereafter "developer") submitted a Notice of Proposed Change for the Pelican Strand Development of Regional Impact, and petitioned the Board of County Commissioners of Collier County, Florida to further amend the Pelican Strand Development Order, Collier County Development Order 90-1, as previously amended; and 1 Words underlined are additions; Words gtr'-'-_k through are deletions. 12C WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on July 3, 1997; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports o~ the SWFRPC and the Collier County Planning Commission and held a public hearing on the petition on July 22, 1997; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. The Findings of Fact Section of Development Order 90-1, as amended (Resolution 90-67, as amended) is hereby amended to read as follows: FINDINGS OF FACT The real property which is the subject of the ADA is legally described as set forth in Exhibit A, the Planned Unit Development Document for Pelican Strand attached hereto and by reference made a part hereof. The application is in accordance with Section 380.06(6), Florida Statutes. The applicant submitted to the County an ADA and sufficiency responses known as composite Exhibit B, and by reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this Order. The applicant proposes the development of Pelican Strand Planned Unit Development for 574.6 acres which includes: 30 acres of commercial uses to include a 260 140 room motel, ~0,000 80,000 square feet of office commercial, and 120,000 square feet of retail commercial; ~9 1200 residential dwelling units on 6-7 167.8 acres; an 18-hole golf course and buffers on 172.5 203.3 acres; 27.1 82.8 acres of conservation areas; 74.5 73.7 acres of lakes for water management; and ~ 26.3 acres of roads. A Notification of Proposed Change to a Previously Approved Development of Regional Impact (DRI) was filed and processed as required by Subsection 380.06(19) Florida Statutes. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. The development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(11), Florida Statutes. 2 Words underlined are additions; Words .~.~u ~ ..... ~ are deletions. 12C 3 The development is consistent with the current land development regulations and the Growth Hanagement Plan of Collier County. 10. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. The development will not interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 11. The development is consistent with the State Comprehensive Plan. B. The Conclusions of Law Section of Development Order 90-1, as amended (Resolution 90-67, as amended), is hereby amended to add a paragraph entitled "Solid Waste, Hazardous Waste, ~edical Waste" to read as follows: SOLID WASTE/HAZARDOUS WASTE/MEDICAL WASTE (Refer to Appendix I~) The applicant shall incorporate the solid waste demands of the project into the County solid waste manaqement program,, and explore possibilities of extending the life of th~. landfill by reducing the solid waste volume by employing{ practices such as conservation, recycling, trash compaction, and mechanical shredding. The project shall be bound by all applicable recyclimt requirements in Collier County at the time of development. Any business located within the Pelican Strand Development, which generates hazardous waste, shall be responsible fo~ the temporary storage, siting and proper disposal of hazardous waste generated by such businesses. However, there should be no siting of hazardous waste storage facilities contrary to C~llier County Zoning Regulations. Buildings where hazardous material or wastes are to be used, displayed, handled, generated or stored shall be constructe~l with impervious floors, with adequate floor drains leadin,~ to separate impervious holding facilities which are adequat,. to contain and safely facilitate the cleanup of any spill ~.~akage, or contaminated water. ' Generation and discharge of hazardous waste effluent into the sewage system shall be prohibited unless approved by permit issued by the Florida Department of Environmental Protection. C. Paragraph 4, '~Transportation", of the Conclusions of Law Section of Development Order Number 90-1, as amended (Resolution Number 90-67, as amended), is hereby amended to read as follows: 3 Words _underlined are additions; Words -"truck tkrcu~h are deletions. 12C 3 TRANSPORTATION The applicant or his successors shall be fully responsible for site-related roadway and intersection improvements required within the Pelican Strand DRI. The applicant shall be required to pay the full cost for any site-related intersection improvements (including but not limited to signalization, turn lanes and additional through lanes) found to be necessary by Collier County for the project's access intersections onto Immokalee Road (CR 846)= and the future extension of Livingston Road. The site access points shall be located and developed consistent with Collier County's access management standards and permit requirements. The Pelican Strand DRI shall be subject to the Collier County Adequate Public Facilities Ordinance (Ordinance No. 90-24). The Collier County' Adequate Public Facilities Ordinance ("APF" Ordinance) generally requires that by May 1 of each year an Annual Update and Inventory Report on public facilities (AUIR), including roadways, be prepared and submitted tc the County. The APF Ordinance requi£es the Board of Ccunty Ccmmissicners to establish areas of significant influence (ASi) around any road segment or intersection which is deficient or is projected by the AUIR to become deficient and which is not scheduled for improvement in the Capital Improvement Element (CIE) of the comprehensive plan in a manner and time which would provide facilities concurrent with the impacts of development pursuant to said APF Ordinance. If any of the road segments identified in Paragraph~ 4.b. (2) 5.b. (2) through (4) of this development order become deficient in the future, the County shall establish an area of significant influence (ASI) around such segment pursuant to the Collier County Adequate Public Facilities Ordinance. Pursuant to the APF Ordinance, projects within the boundaries of an ASI which is drawn around a deficient road segment are unable to obtain further Certificates of Public Facility Adequacy. Projects within the ASI drawn around a road segment which is projected to become deficient are unable to obtain Certificates of Public Facility Adequacy that would allow impacts to exceed the remaining capacity of those road segments. The standards to be utilized by Collier County in establishing the boundaries of the ASI's are set forth in Section 7.4.2 of the APF Ordinance. In addition to the provisions of the Collier County APF Ordinance, the Pelican Strand DRI shall be subject to the following conditions regarding the transportation impacts of the development: (1) The Pelican Strand Development of Regional Impact is subject to the specific requirements of the Adequate Public Facilities Ordinance No. 90-24 as that Ordinance existed on July 1, 1990. Any amendment to the transportation portion of that Ordinance by Collier County shall not be effective or applied to the Pelican Strand DRI unless and until this Development Order is amended to incorporate and render applicable such changes or amendments to the APF Ordinance. ............ ~r.~ P,c cna annin 4 Words underlined are additions; Words ...... u .~ .....~ are deletions 12C 3 T--~-.~ n^~ ,~ 046) to ~ ~vingstc~ "~-~ 31) 951) (2) Adequate commitments to provide the necessary jm_provements, including, but not limited to design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration, and construction inspection necessary to maintain the adopted level of service for th~ following significantly impacted regional roadway through pro~ect build out in 2002. l~mckalee Road - US 41 to Goodlette-Frank Road - Goodlette-Frank Road to Airport-Pulling Road - Airport-Pulling Road to Pelican Strand Entranc~ - Pelican Strand Entrance to 1-75 - 1-75 to C.R. 951 (3) Adequate commitments to provide the necessary ~mprovements, including but not limited to, right-of- way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections throughout project build out: Immokalee Road/US-41 Immokalee Road/Goodlette-Frank Road Immokalee Road/Airport-Pulling Road Immokalee Road/I-75 East Ramps Pine Ridge Road/I-75 East Ramps. (4) Improvements to the facilities outlined in recommendations "b" and "c" above shall be made at the time that a road segment or intersection is expected to exceed the level of service standard adopted in the local comprehensive plan. Service level determination shall be made by Collier County. To determine the existing levels of service on regional facilities and 5 Words underlined are additions; Words ~-truck thrc._'~?, are deletions. 12C the need for improvements in a timely manner, the applicant shall submit an annual monitoring report to Collier County, Florida Department of Transportation, Florida Department of Community Affairs and th~ Southwest Florida Regional Planning Council for review and approval. The first monitoring report shall be submitted one year after the approval of the development order for the Pelican Strand DRI. Reports shall be submitted annually thereafter until after buildout of the project. At a minimum, the report shall contain p.m. peak hour trip generation estimates and turning movements at each of the access intersections and the off-site ~r. tersections listed above in recommendation "c" and calculation of the existing level of service at these intersections and on the road segments indicated abov~ in recommendation "b". The levels of service shall bo calculated according to current professional standards. The report shall also provide a calculation of the existing level of service on the facilities and th~ estimated levels of service and project impact for the next year. The annual monitoring report shall also identify the status of the road improvements assumed to be committed in the ADA, and any deviations from the schedule identified in ADA shall be addressed in thn Notice of Proposed Change process per Chapte~ 380.06(19), Florida Statutes. Based on the transportation assessment of significant project impacts, construction of the following transportation improvements shall be needed prior to, or coincident with, development of the Pelican Strand DRI, if adopted level of service conditions are to be maintained through buildout (2002) on regional roadway segments and intersections. Regional Roads Immokalee Road - US 41 to Goodlette-Frank Road - Widen to 6 lanes - Goodlette-Frank Road to Airport-Pulling Road Widen to 6 lanes - Airport-Pulling Road to Pelican Strand Entrance Widen to 6 lanes - Pelican Strand Entrance to i-75 - Widen to 6 lanes Regional Intersections Immokalee Road/US 41 East and westbound through lanes Eastbound dual left turn lanes Northbound dual left turn Lanes Signal retiming Immokalee Road/Goodlette- East and westbound through Frank Road lanes Westbound dual left turnlanes Northbound dual left turn lanes Signal retiminq Immokalee Road/Airport-East and westbound through lanes Pulling Road Signal retiming 6 Words underlined are additions; Words --truck tkr_-u~h are deletions. 12C 3 Immokalee Road/I-75 RamR M~or interch~e~ * Eastbound right turn exit ram~_~ Pine Pid~e Poad/I-75 East Ramp ~i~nal retiminq · Or construction facili~._ (Livingston Road N/S) 5) Development Order o_ptions mai be considered b_~_y_ Collier Count~_and the a~licant to the extent that the_~tions provide adequate commitments for improvements indicated above to significantli~ted regional roadways and intersections. Whatever o__ptions are exercised, however, should be done with the understandinq__that the followin~ conditions shall be met: {a) (b) If annual monitorinre~ts confirm that ~ season, peak hour directional traffic on the regional road seqments and intersections above exceed the level of service standards ado te~ the County__and the ro~/_~t is utilizing_more than 5% of the adopted level of service ~ (significant impact), then further building permits and certificates of occ~ shall not be ~ranted until the standards of the Count~ concurrencmay_~ment___~stem have been met. The development order shall identify how the DRI will be treated in relation to the concurrency manaqement system. The transportation impact to the roads and intersections above shall be ~ addressed consistent with Southwest Florida ~ Plann~ policies, and the determinat-~n of___p_~ortional s--hare and/or i~ininq of the regional road improvements shall be in accordance with Section 163.3220, F.S. which r_~uires a Local Government DeveloRment Agreement and a commitment bth_b_~licant and/or the local ~overnment to insure concurrenc~ on all s~gnificantliy__~_~cted regional roads. ~ 6) The Applicant shall provide within fifteen (15) days of publication each year, a copy of said AUIR on the regional facilities set forth in Subsection 4~ 5.b. (2) through_ (4) hereof to the DCA and SWFRPC. -~ 5) In the event that the Collier County Board of Commissioners designates an ASI around a deficient road segment identified in Subsection 4~ 5.b. (2) throu hg_~ hereof that is predicted to b~---- substantially impacted by the Pelican Strand DRI and the ASI does not include the Pelican Strand DRI, then the applicant shall file a Notice of Change of this development order with Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs, pursuant to Section 380.06(19), Florida Statutes. 4-~(6__) The applicant shall file a Notice of Change within sixty (60) days from the date the County creates an ASI for such a deficient road segment that excludes the Pelican Strand DRI. The applicant shall file with the Notice of Change a current traffic analysis and other information attempting to establish that the Pelican 7 Words underline___d are additions; Words ~ are deletions. Co Strand DRI is not having a substantial impact upon the pertinent road segment, or other justification for the County's exclusion of the DRI from the ASI. If an ASI is established for any deficient road segment listed in Paragraph 4.b.(2) of the development order that does not include the Pelican Strand DRI, the DRI ~h~ll not apply for or be issued any Certificate of Pub!lc Facility Adequacy until the Notice of Change d,:cision is made by Collier County, if neither DCA nor SWFRPC participates in the public hearing on the Notice of Change pursuant to 380.06(19) (f) and the chan,-:.~ is adopted by Collier County, as proposed, or un;.il any appeal of such decision to the Florida Land and Water Adjudicatory Commission is resolved. 4-6+(7) For purposes of enforcement of this development order the Pelican Strand DRI shall be deemed to have a substantial impact upon a deficient road segment if its ~raffic impacts exceed five percent (5%) of the level of service "D" peak hour peak season capacity, of the roadway. ~7~.{8) The County shall provide the requisite public notice and hold a public hearing on the Notice of Change as expeditiously as possible. Following a public hearing, Collier County shall amend the Pelican Strand ~i{I Development Order to record its determination as to whether The County shall provide the requisite public notice and hold a public hearing on the Notice of Change as or not Pelican Strand is having a substantial impact upon the deficient road segment or otherwise shduld not be included within an ASI for the deficient road segment. In making this determination, the County shall include the impacts resulting from all development to occur pursuant to the Certificates of Public Facility Adequacy previously issued to Pelican Strand. The amendment to the Pelican Strand Development Order is appealable pursuant to Subsection 380.06(19) and Section 380.07, Florida Statutes. {9) (9___~] If neither DCA nor SWFRPC participates in the public hearing on the Notice of Change pursuant to 380.06(919) (f), and the change is adopted by Collier County as proposed, the Pelican Strand DRI may be issued Certificates of Adequate Public Facilities following the County's development order decision. If either DCA or SWFRPC participates in the public hearing, the Applicant shall not apply for or be issued Certificates of Adequate Public Facilities until the deadline for appeal of the Collier County decision has expired pursuant to Section 380.07, Florida Statutes, and no appeal has been filed. Interconnection between Pelican Strand and adjacent subdivisions shall be encouraged. If Piper Boulevard is extended as a frontage road from Livingston Road to the property boundary of Pelican Strand, an interconnection to Pelican Strand will be reviewed by the applicant and by the County Department of Transportation at that time. If the County deems the interconnection is appropriate, the developer shall provide for the interconnection. Words ~ are additions; Words ~ are deletions. 120 On CR-848 west of 1-75, a one-mile spacing for major roadway intersections will be implemented for the probable build-out condition of six thru lanes. During two-lane conditions and four-lane conditions, a major "access" intersection will be allowed at an approximate one-quarter mile spacing with the following conditions/constraints: At the time of warrants being met for signal systems, the signal system shall be installed at the developer's fair share expense, shall be coordinated with the signal system at 1-75 and Livingston Road, and shall be operated in such a fashion so as to minimize thru movement delays ("access" intersection cycle dependent upon completion of thru movement cycles). At the time of CR-846 six-laning, the County retains the option of signal system removal along with median opening removal at the one-quarter mile intersecting spacing location. At the time after permitting median openings/installation of signal systems, the County retains the option to remove median opening and/or signal system at the one-quarter mile intersection spacing location should either or both traffic accident data and thru lane capacity data indicate a need based on criteria set forth in the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), FDOT policy, and/or County policy. D. Paragraph 5, "Vegetation and Wildlife/Wetlands", of the Conclusions of Law Section of Development Order Number 90-1, as amended (Resolution Number 90-67, as amended), is hereby amended to read as follows: 6. ~. VEGETATION AND WILDLIFE/WETLANDS The permit application to the SFWMD shall include detailed plans and appropriate documentation which delineates: buffer areas adjacent to the wetlands identified for preservation, the extent of encroachment into the wetlands, verification that the proposed control elevations will maintain adequate wetland hydroperiods, acreage figures and cross-sections for ail mitigation areas, a mitigation proposal that is consistent with District criteria regarding wetlands and mitigation ratios and which includes a wetland monitoring and maintenance program. Upland preservation additions to the wetland conservation areas on the proposed adjacent golf course areas shall be illustrated on the site development plan for each phase prior to approval of that phase by Collier County. The golf course shall be specifically designed to provide maximum tree preservation via a forested corridor that will maintain foraging habitat for Big Cypress Fox Squirrels. The existing rock quarry shall be modified to provide a more natural shoreline with littoral zone and connection to the two adjacent cypress areas. 9 Words underlined are additions; Words :~-.-"-:k t..rcu~..~ =~ are deletions. 120 e. The proposed hydroperiods and seasonal water elevations shall be designed to be as close to eleven (11) inches above the wetland surfaces in the rainy August-September period as practicable. f. Machine clearing shall be performed in areas dominated by exotics while hand clearing will be used in the balance of wetland and conservation areas. g. .7 acres of lake littoral zones shall be created. h. The threatened pine pink ground orchid shall be transplanted to suitable areas such as low golf course rough or water management swales if it is encountered prior to construction. i. Pines and other trees, as well as under-story plants, will be maintained in conservation areas; in all areas of the golf course, consistent with good golf course design, excluding the fairways; and in yards and green spaces. Habitat pods for the Big Cypress Fox Squirrel shall be located periodically (randomly) throughout the project. j. Prior to the issuance of any land clearing permit within the added 375.3 acres, provisions of the a Fox Squirrel Habitat Management Plan for that area shall bc approved by the Florida Game and Fresh Water Fish commission by letter dated November 4, 1996, shall be complied with. E. Paragraph 6, "Water Supply", of the conclusions of Law Section of Development Order Number 90-1, as amended, (Resolution Number 90-67, as amendeO), is hereby amended to read as follows: WATER SUPPLY All construction plans, technical specifications, and proposed plats, if applicable, for the proposed water distribution system, and any possible on-site water treatment system, shall be reviewed and approved by Collier County Utilities prior to commencement of construction. Should Collier County not be in a position to supply potable water to meet the consumptive demand of this project, the Developer or his successors at this expense, will install and operate interim water supply and on-site treatment facilities adequate to meet all requirements of the appropriate regulatory agencies. At such time as the County's off-site facilities are available, in accordance with County ordinances and/or State Statutes, the Developer, his assigns or successors, shall abandon, dismantle and remove from the site, the on-site water treatment facility, and will discontinue use of the on-site water supply, at no expense to the County. Connection to the County's off-site water facilities shall be made by the owners, their assigns or successors, at no cost to the County, within 90 days after such facilities become available, in accordance with County ordinances and/or State Statutes. 10 Words underlined are additions; Words _-t.--_'ck '~ ...... ..... =..~ are deletions. 12C 3 eo ko oo po At such time as off-site County water facilities are available for the project to connect with, all potable water facilities described in the July 19, 1985 Memorandum (Appendix I of the ADA) will be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time. If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand, at a rate approved by the appropriate Fire Control District servicing the project area. The developer, his assigns or successors, shall be bound by all other County potable water requirements, as contained in the July 19, 1985 County Memorandum (Appendix I of the ADA). As the South Florida Water Management District has advised the applicant that the Lower Tamiami Aquifer might not be available, as a supplemental irrigation source, at the time of permit application, the applicant shall investigate the possibility of using other aquifers, or other water sources entirely. Prior to the permitting of any additional withdrawals from the Lower Tamiami Aquifer, the applicant will be required to provide documentation to the District that saline water intrusion, unacceptable low water levels, and/or adverse impacts on either on-site/adjacent wetland areas of existing users will not occur as a result of any proposed withdrawals. For the purposes of non-potable water conservation, Pelican Strand will utilize xeriscape principles in the design and maintenance of the project's landscaping. Prior to the permitting of withdrawals from project lakes or interconnected lake systems which have wetland areas adjacent to them, documentation must be provided to the South Florida Water Management District which demonstrates that the wetland hydroperiod will be maintained. The applicant may withdraw water from isolated lakes or lake systems only if documentation is provided to the District that indicates that on-site and off-site wetlands will not be adversely impacted by such withdrawals. Private wells for multi-family irrigation systems shall not be promoted by the applicant. Permitting of such activities is at the discretion of the South Florida Water Management District and appropriate local agencies. In view of the condition of the Lower Tamiami Aquifer, the applicant is strongly encouraged to find other irrigation sources for residential areas. As lakes on the project are to be used for irrigation purposes, an impermeable barrier of clay or muck shall be placed between wetlands and lakes wherever water elevations in the lakes are set below seasonal high water elevations. On-site wetlands and lakes shall be buffered from possible contamination from spray effluent used for irrigation purposes. Words underlined are additions; Words :t----'ck'~ ..... ~ are deletions. 12C q. The lowest quality of water possible shall be utilized for all non-potable water use. r. All commitments made by the applicant, within the ADA related to Question 23 and subsequent sufficiency rounds, no in conflict with the above recommendatioDs shall be incorporated as conditions for approval. E. Paragraph 7, "Consistency with Local Growth Management Plan", of the Conclusions of Law Section of Development Order Number 90-1, as amended (Resolution Number 90-67, as amended), is hereby amended to read as follows: 8. ~-~ CONSISTENCY WITH THE LOCAL GROWTH MANAGEMENT PLAN a. The DRI's land uses are consistent with the local government growth management plan. F. Paragraph 8, "General Considerations", of the Conclusions of Law, Section of Development Order Number 90-1, as amended (Resolution Number 90-67, as amended), is hereby amended to read as follows: 9. 8~. GENERAL CONSIDERATIONS a. The development phasing schedule presented within the ADA and as adjusted to the effective date of development order approval is incorporated as a condition of approval. This phasing schedule supersedes that schedule contained in Ordinance 85-61, Regency Village of Naples PUD. If development order conditions and applicant commitments incorporated within the development order, AD or sufficiency round responses to mitigate regional impacts are not carried out as indicated, then this shall be presumed to be a substantial deviation for the affected regional issue. b. If during the course of monitoring the development, the local government can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred or that the development order was based on substantially inaccurate information provided by the developer, resulting in additional substantial regional impacts above the thresholds for a substantial deviation found in Section 380.06(19(, Florida Statutes, than a substantial deviation shall be deemed to have occurred. c. Pursuant to Chapter 380.06(16), the applicant shall receive credit for contributions, construction, expansion, or acquisition of public facilities if the developer is also subject by local ordinances to impact fees or exactions to meet the same needs. d. Except as provided herein or in Ordinance 85-61, the development shall comply with the Growth Management Plan (including the Concurrency Management System) and all applicable County regulations, unless specifically waived or modified by action of Collier County. e. The development shall comply with Collier County Land Development Code Division 3.2, which requires the Words ~ are additions; Words ~ are deletions. 12C submission, review, and approval of a Subdivision Master Plan. G. Paragraph 9, "PUD Document", of the Conclusions of Law Section of Development Order Number 90-1, as amended (Resolution Number 90-67, as amended), is hereby amended to read as follows: I0. 9~. P.U.D. DOCUMENT SECTION TWO: The approved Pelican Strand PUD document and Master Development Plan, as those documents may be officially modified from time to time, are hereby incorporated in and made a part of this Development Order and are entitled Exhibit "A", attached hereto. FINDINGS OF FACT A. That the real property which is the subject of this amendment petition is legally described as set forth in Exhibit "A", attached hereto and by reference made a part thereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Pelican Strand on 574.6 acres of land is for commercial, industrial and residential tourist uses. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC. A comprehensive review of the impact generated by the requested amendment has been conducted by the County's departments and the SWFRPC. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, SECTION THREE: CONCLUSIONS OF LAW The requested amendment of the previously approved Development Order is consistent with the report and recommendations of the SWFRPC. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the 13 Words ~nderliq~_d are additions; Words --t---_'_-k tkrcuSk are deletions. 12C objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved development is consistent with the Collier County Growth 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 FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER (S), TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 90-1, as amended 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 97 3 shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C.This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of the Board. This Resolution adopted after motion, second and majority vote. Done this ~,~. day of ~ , 1997. BOARD O/COUNTY COMMISSIONERS ~. COLLIE_~,~CO~NTy& FLORID3%f / ATTEST: ~IMOTHY/I~.qfAN~OCK, Chairman DWIGHT E. BROCK, C~erk p~ed as to FO'r~and Legal Sufficiency: Marjo~ie M...stUdent Assistant County Attorney f/Ron/Pelican Strand/ 14 Words underlin~d are additions; Words _-tr-_'_-k'~ ..... ~ are deletions. July 25, 1997 State of Florida Department of Community Affairs Division of Resource Planning & Managment Bureaur of Land & Water Management 2740 Centerview Drive Tallahassee, FL 32399-2100 Attn: Mr. Thomas Beck Re: Res. 97-295/D.0.-97-3 amending the Pelican Stand Development of Regional Impact Dear Mr. Beck: Please find enclosed a certified copy of the document referenced above that was adopted by the Board of County Commissioners of Collier County on July 22, 1997. DWIGHT E. BROCK, CLERK Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Daniel Trescott Steven Atkins la, 3 July 25, 1997 Mr. Steve Atkins, Planner Development of Regional Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Re: Res. 97-295/D.0.-97-3 amending the Pelican Stand Development of Regional Impact Dear Mr. Atkins: Pleaase find enclosed a certified copy of the document referenced above that was adopted by the Board of County Commissioners of Collier County on July 22, 1997. DWIGHT E. BROCK, CLERK Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Thomas Beck Daniel Trescott July 25, 1997 Mr. Daniel Trescott DRI Coordinator SW~FRPC P.O. Box 3455 North Fort Myers, FL 33918-3455 Re: Res. 97-295/D.O.-97-3 amending the Pelican Stand Development of Regional Impact Dear Mr. Trescott: Pleaase find enclosed a certified copy of the document referenced above that was adopted by the Board of County Commissioners of Collier County on July 22, 1997. DWIGHT E. BROCK, CLERK Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Thomas Beck Steven Atkins To: Cotiter Co~mty, Fluri~a ~ REQUr~~T FOR LEGAL AD~RTIS%NC or Clerk to the Bo.rd: ple,,e place th, ,nllo~tn, ~' '' 1 2C ~'~ /X / Nor~al LeRa! Adverttse~nt / / Other% (Display Adv., location, etc.} (St~ c~mrty) (I~ mrre ~rpace r~eadad, attach Cc~pant~ pettily(a), if a~, & ~ee Pettti~ ~ Include A~etttetnl ~lt~ Tel / / No / / ~ ~e,. ~at account child be c~tled ............ ..... for adverCtstn; costs Dtvtst~ a Date ~nty ~na~er. Date List Attac~nta:(~) D~ZB~ ~N~S A. For hearings before BCC or BZA: Initiating person to cmsplete o~e copy and obtain Division Read approvat before subn£tttng to County~tafla;er. NOT~t Xf 1eRa! doctment t. Invotveds be sure that any neeessar~ legs! revte~I or request for semen ti subIttted to Co~nt~ Attorney before sub~ttttn8 to County Renege[. The Hanager's Office vt~l distribute copies: / / County Hanager aser~a file; ! / Requesttn$ Division; ! / Ort;tna1 to Clerk'l Office a. Other hearings: lntttattnl Division Head to approve and submit ortttnaI to Clerk's Office. retatfltnt a copy for file. FOR CLERK'S OFTXCE USE ONI.Y Date Received Date Advertised Date of P.N. 12C :] ~ m: (~,~',) +7¢-84o8 PHONE NC): {941) 774-8406 NO. DATE I sT, T I ME ! TOTAL T I ME ABBR I D STATUS I~PGS DEPT _m_DE COt~. CODE ' - 13~ ~6-13 15:~F3 I~° 0J' 31 94199;8393 OK 5 I~~:~q10 137 06-13 15:14 ~°02'~:3 94199~393 OK 3 8~11 138 06-13 15:17 li~°02'0'7 9d1 a~5'~ 1218 139 ~)6-17 ~c3:11 ~' 02' 02 92634864 OK 86~11 148 06-17 89:19 ~' ~' 5~ 9263~86~ ~ ~ ~1~ 141 ~-17 ~:21 ~'03 ~ ~ 3 ~11 TOT~ June 16, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Funding of the Collier County wastewater Management Program Dear Judy: Please advertise the above referenced notice one time on Friday, June 20, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. F.P.O. No. 656391 NOTICE OF PUBLIC IIEARING 12C FUNDING OF THE COLLIER COUNTY WASTEWATER MANAGEMENT PROGRAM Notice is hereby given that the Collier County Water-Sewer District will hold a Public Hearing on July 22, 1997, at 9:00 a.m. in the County Commission Chambers, Third Floor, Building F, 3301 East Tamiami Trail, Naples, Florida, for the purpose of discussing and receiving input on Collier County Wastcwater Management Program. The selected wastewater management plan consists of an expansion to the North County Regional Wastewater Treatment Facility (NCRWWTF) to increase treatment capacity from 8.5 to 13.5 mgd as needed to accommodate projected growth in the County's North Wastewater Service Area. The total State Revolving Fund (SRF) eligible cost for this project is~ million dollars. ~.~. / Funding for the project is anticipated to come from the SRF loan program. Sewer user charges and other wastewater revenues will be dedicated to repaying the State loan. Financial impacts on utility users will be presented at the hearing. The Capital Financing Plan for the project will be available for public review beginning on or before June 20, 1997, at the Office of the Clerk to the Board and at the Office of Capital Projects Management. All interested parties are invited to attend and be heard at the Public Hearing, and all persons wishing to speak will be given an opportunity to do so following a brief presentation. For additional information, contact Karl Boyer at (941) 774-8192. (Companion to Wastewater 201 Facilities Ptan Update) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) cove=) 12C !!i111111111111111111111111111111111111111111111111111111111111 '~o.' Lo~o2I] IAFL~ DAILY 263-4864 iillilIIIHIIIilIHIlliilIilIlliilliilIlliliillIIIlIlllliililI! ELLT~- ROFFHA/I -N:I2IU'EES & AEC0]II)S #apres OafLy Ne~s Naples, FL 339~0 Affidavit of publication 12C BOARD OF COUNTY COMMISSIONERS FINANCE DEPT. ' TOBI GRAMLING PO BOX ~13016 NAPLES FL !~101-3016 REFERENCE: 001230 P0656391 57504~09 NOTICE OF PUBLIC HEA State of FLorida Co~qty of Collier Before the ur~erstgned authority, perso~atty appeared Angels Bryant, who o~ oath says that she serves as Assistant Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Dally News is a newspaper I:x.btishec: at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorfda, for a period of 1 year next preceding the fLrst pubtfcatio~ of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any disccunt, rcbate, coetnissio~ or refund foe the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 06/20 AD SPACE: 5.333 INCN FILED ON: 06/20/97 S~orn to and Subscribed before me this.-- ~ day of .~,,~/~',,~ NOTIC~ OF PUBLIC HF. ARING FUNDING Of: Th~ COLL/~R COUNTY WASTEWATER MANAGEAa~NT PROGRAM I~'ice Is here~v I~ven ~hat the Courn'y Water.Sewer District will holcl hu~flJ¢ Hearing o¢1 July 22, 1997 at ~ a.m. ftc County Commission Chambers, Tl~lr~ Fk~or, BuJkflng F~ 3301 East Tomtomt Troll, .Nop~es,. Flori.c~ 17 the purpose at discuss. mg naa recervm~ mpu~ on ~e Collier Coun- tY Waste,afar Mono~.~t Courdy Regional Wastev,~er Treatment rnoct~ ~redected growrn in the Count's State RevoMng Fund (S~F) eflgibte cost for noncing Plon for ~ne ~ will I~ ovatl- before ~ 20, 19~7, at ~e Office of the C~'k t~ rte Bocci nad at the O~ce ef Capi- Prese~otto~ For odc~Jonat Inform~ton, cor~oct K~I Boy~ at (941) T/a41~2. (Com- tetO Wmtewate' 201 FoctlI~s COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOOC, O4AIRMAN DWlGHT E. B~OOCo CLERK B~./s/Sue Bar~rtqfl, June 20 No. 102S$95 J.clth A. ~ F~ lg, L~OOD Collier County~ f'lurf¢,e Clerk to the Bo, rd: Please pl~ee th~ foll~{n~ /~/ No~l La,al Advertise~nt / / Other, 1 ~ (Olsplay Adv.~ location, etc.) Petttt~ No. (Z~ n~e~ live brte~deecript~n)~ ~o~ ~o~ &dd~.l / z Wane & Address of ~ny (If more sp&.'e oeededp aCcech sepsrace sheet) lleartnl befor~f IX/ SO: / / IIX / /Other Requested hearinl dace, 0'7 7~._.=.O'7.'7.7./..7~....2~l.~.?_~aeed o~ advertisement ePplattnl ~0 days before bearf, nl;. ~(ewspaper(s) Co be uaedt (Cee?late only LE L~porta~C / /p /)</ ffaples DaLly Pews or lelally tequtred /2~/) / / Other Coepaalon petition(e), if .... -". - . Does Petition Fee Include Advertilinl Cosc? Yes / / No / If ye~, ~at accent .h~id be c~r{ed Revie~d by: : D~ LI~t ActaC~ntl~ (1) ~ (2) ~ - .(~). Fo~~ ~ before BCC or ~: Inltl~tlnl Per,on to c~lete one copy ~nd obtain Dl~t~l~ before ~ub~ttttn8 to County ~n~ser. ~ It le ~1 r.l~ or re ~. for ..~ tl-JJ;;tt~to"~ Involved be Sure that .n ~naser'~ OEtice viii distribute cople,: ....... ~nc attOme before ~ubmit~ / / County Hana8er aXenda Hie; / / Reque*tln8 Dirt. Ion; / / Original to Clerk'a OE~ice ~~ Inltiatin{ Otvialon Head to ~pprove an{~belt orllln~l to Clerk,~ Office teta ~ , ininl · copy ~R ~K'S O~ICE US~ ~1 Date Received Dat, ~rtlaed Date of ~2~ 5 ~FAX NO: (941) 774-840~ ?HONE ]90= (94~ 774-840~ NOTICE OF PUBLIC HEARING 1 2 C C LmE$ COV V¥ Notice is hereby given that the Collier County Water-Sewer District will hold a Public Hearing on July 22, 1997, at 9:00 a.m. in the County Commission Chambers, Third Floor, Building F, 3301 East Tamiami Trail, Naples, Florida, to discuss the 201 Facilities Plan Update prepared by Camp Dresser & McKee Ifie. The Facilities Plan outlines the alternatives considered, the recommended plan, and the preliminary design for the Water-Sewer District's wastewater management system through the year 2017. The planning area is generally located in western Collier County exclusive of the City of Naples and Marco Island. Alternatives for wastewater management including transmission, treatment and effluent disposal will be presented along with a fiscal analysis, environmental and social concerns, and ease of implementation for each alternative. The cost to Collier County residents will be included in the presentation. Copies of the plan will be available for review beginning on or before June 20, 1997, at the Office of the Clerk to the Board and at the Office of Capital Projects Management. All interested parties are invited to attend and be heard at the Public Hearing, and all persons wishing to speak will be given an opportunity to do so following a brief presentation. For additional information, contact Karl Boyer at (941) 774-8192. (Companion to Publle Hearing to consider Funding of the Collier County Wastewater Management Program) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) OFFICE OF CAPITAL PROJECTS MANAGEMENT Building "D" 3301 Timbml Trail East .,aides, Florida 33~2 (113) 774-~192 ~ L ¢~-~~ GENTLEMEN: WE ARE ,.;ENDING YOU 0 Attached 0 Under separate cover via the following items: C] Shop drawings n Prints 0 Plans 0 0 O CoDy of letter 0 O COPIE$ DATE NO, ~ OE$CRIl='r ION THESE ARE TRANSMITTED as checked below: [] For ePl~oval 0 Approved as submitt 0 For your use 0 Approved as noted 0 As requested 0 Returned for correct;o~ 0 For review and comment [] Resubmit __ copies for approval Submit __ copies for distribution Return__ corrected prints [] DUE REMARKS RETURNED AFTER LOAN TO US COPY TO SIGNED: M~DI es Daily Naples, FL Affidavit of publication 12C ! BOARD OF CCI,,q4TY COIdMISSIONER$ FINAHCE DEPT· - TOll GRA#LING PO BOX ~13016 NAPLES FL 34101-3016 REFERENCE: 0012.]0 P06~6391 $750~&13 NOTICE OF PUBLIC MEA State of FLorida County of Collier Before the undersigned authority, personally ~ppeared An~ell i~/~t, So o~ oath says that she serves as Assistant Secretary of the Naples Daily Ne~s, a daily n~dpaper published at NapLes, In Collier County, FLorida: that the attachc~ COp~ of advertising was published in said new,namer dates Listed. Affiant further says thit the said ~pt~s News is a newspaper Pubtiahed at Naples. in said Collier Co~nty, Florida, and that the said ne.speper has heretofore been continuously published in said Cottter County, FLuids, each day and has been entered as second ctess mall matter at the post office in N~pte~ in said Collier Co~ty, FLorida. for I perlM of 1 year next precedlr~ the first publicstlo~ of the attached copy of nclvertisem~t; ~nd ~ffi.nt further say~ that she has neither I~td nor promised any persom~ firm or coporatfo~ any discount, rebate, cmmisstom or refur~ for the purpose of securir~i th~s edvertisem~n~ for Ix~bticatio~ in the said newspaper. PUSLISHED (~: 06/20 hF;TiCE OF PUBLIC HEARING ?,': FACILITIES PLAN UPDATE i(;~ THE COLL. IE~ CoUHTY ,'/~STE~A TER SYSTEM h',A NAGE ¥,E NT P~ OGRAM tl,~ r, ~S hereby g~ven lh~ ~e N<.,', :~i~ ~o Tt~ p~cnni~ tar ~,astewaler management ~:%rni%ion, po',]l will ~ on~'/sis, environment~ ce~ns, and ~ d ~ment. presentation. F~ AD SPACE: 5.&17 INCH FILED Og: 06/20/97 Signature of Affiant ~ [(;' /'' "':-~/;; /''' / s.~r. ,o ..d S.b..i~ b,fo~., tbS. ~ 0 ,,, day of ~'~.~ _. ~1 12C 5 RESOLUTION NO. 97- 2c~ RESOLUTION NO. CWS-97 3 A RESOLUTION OF TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO TIIE GOVERNING BOARD OF TIIE COLLIER COUNTY WATER- SEWER DISTRICT, ADOPTING TIlE COLLIER COUNTY 101 FACILITIES PLAN UPDATe, ~WASTEWATER SYSTEM EXPANSION PROGRAM", DATED JUNE 1997, AS THE PLANNING DOCUMENT FOR DEVELOPING TIlE COUNTY'S EXPANDED WASTEWATER SYSTEM, COMMITTING TO ADOPT A DEDICATED REVENUE PLAN IN SUPPORT OF TIlE WASTEWATER SYSTEM EXPANSION PROGRAM, AND AUTIIORIZING TIlE APPROPRIATE COUNTY OFFICIAL TO SIGN AND CERTIFY ALL DOCUMENTS NECESSARY TO DEVELOP TIlE WASTEWATER SYSTEM EXPANSION AND TO ASSURE COMPLIANCE WITll STATE REVOLVING LOAN REQUIREMENTS. WHEREAS. the Board of County Commissioners of Collier County, Florida. as Ex-Officio the Governing Board of the Collier County Water-Sewer District, has determined that the construction of the recommended Wastewater System Expansion Program is in the best interest of the welfare of its citizens; and WHEREAS, the Board of County Commissioners of Collier County. Florida. as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. have examined the 201 Facilities Plan Update for Collier County. dated June, 1997. prepared by Camp Dresser & McKee Inc.. Engineers for the Project, and have discussed the results and recommendations of the report at an advertised public hearin8 on July 22, ! 997. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: Section I. The Board of County Commissioners of Collier County as the Governing Body of Collier County and as Ex-Officio the Governing Board of the 12C 5 Collier County Water-Sewer District (hereafter referred to as the "County"), does hereby adopt the 201 Facilities Plan Update, attached hereto and incorporated herein as Exhibit "A", as the planning document t'or developing the Wastewater System Expansion, commits to adopt a Wastewater System Expansion Program, commits to adopt a Wastewater System Dedicated Revenue Plan in support of the Wastewater System Expansion Program, and authorizes the Public Works Division Administrator as the appropriate county official to sign and certify all documents necessary to develop the Wastewater System Expansion Program and to assure compliance with the State Revolving Loan requirements. Section 2. The County Public Works Division Administrator shall send the appropriate certified copies of this Resolution including Exhibit "A" attached hereto to the Florida Department of Environmental Protection as may be necessary to affect the County application for State Revolving Funds. Section 3. This Resolution shall become effective immediately upon its adoption. This Resolution adopted this ~ day of ~.L .~., , 1997, after motion, second and majority vote. AT~EST DW, HT E. ROC , CLER Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSION.E, RS COLLIER COUNTY, FLORIDA, AS T'~I~., GOVERNING BODY OF COLLIER COUNTY, AND AS EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT ~imothy/~. l~anco~:k, Chairman David C. Weigel County Attorney gWB.Ih. REIOL.000 I ATTACHMENT: EXHIBIT A RESOLUTION NO. 97- RESOLUTION NO. CWS-9?- A RESOLUTION AUTHORIZING APPLICATION REVOLVING FUND LOAN, PROVIDING FOR A STATE ASSURANCES, ESTABLISHING PLEDGED REVENUES, DESIGNATING AN AUTHORIZED REPRESENTATIVE, AUTllORIZING Tile LOAN AGREEMENT, AND ESTABLISHING AUTiiORITY TO UNDERTAKE THE PROJECT. WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of water pollution control facilities: and WHEREAS, the Florida Administrative Code requires authorization to apply for Iosns, to establish pledged revenues, to designate an authorized representative, and to provide the assurances of complinnce with loan program requirements; and WHEREAS, the Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, intends to enter into a binding loan agreement with the Florida Department of Environmental Protection for project funding. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: Section !. The Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, is authorized to apply for a loan to finance the project. Section 2. The revenues pledged for the repayment of the loan are the Collier County Water-Sewer District's sewer system user fees. Section 3. The Collier County Public Works Division Administrator is designated as the authorized representative to provide the assurances and commitments required by the loan application. Section 4. After approval by the County Attorney, the Collier County Public Works Division Administrator is authorized to execute the State Revolving 5 120 Fund loan agreement which will become a binding obligation in accordance with its terms. ~ection ~. The legal authority for borrowing monies to construct the wastewater system expansion project in accordance with the recommendations of the 201 Facilities Plan Update, dated June, 1997, is pursuant to the provisions of Chapter 85-499, Laws of Florida, and Section 403.1835, Florida Statutes. This Re,olution adopted this..~..7 day of:~:- , 1997, after motion, second and majority vote. ATTEST DWIGHT E..BROCK, CLERK Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS' EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, T'IMOTI~ L. HANCOCK, CHAIR3vIAN 5 David C. Weil~l ~-~ County Attorney KWB.Ih. RESOL.0002 RESOLUTION NO. 97- RESOLUTION NO. CWS-97- 5 RESOLUTION APPROVING A DISPUTE RESOLUTION PROCESS AS PART OF COLLIER COUNTY AND THE COLLIER COUNTY WATER-SEWER UISTRICT'S ADMINISTRATIVE PROCEDURES; PROVIDING FOR PROMPT CONSIDERATION OF ANY PROTESTS AND APPEALS OF ITS DECISIONS ARISING FROM THE COLLIER COUNTY WATER-SEWER DISTRICT'S CONDUCT OF ACTIVITIES ASSOCIATED WITH PLANNING, DESIGN, CONSTRUCTION, AND OPERATION OF THE STATE REVOLVING FUND LOAN FOR TIlE CONSTRUCTION OF TIlE WASTEWATER SYSTEM EXPANSION PROGRAM AS CONTAINED IN THE 201 FACILITIES PLAN UPDATE, DATED JUNE, 1997. WHEREAS. the Board of County Commissioners of Collier County. Florida, as Ex-Officio the Governing Board of the Collier County Water- Sewer District, on July 22, 1997 adopted a Resolution approving the 201 Facilities Plan Update; and WHEREAS, the Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water- Sewer District, on July 22, 1997 adopted Resolution No. 97- 297/Resolution No. CWS-97- 4 , authorizing an application for · St·re Revolving Fund Loan to fin·ncc the construction of the Wastewater System Expansion Program as contained in the 201 Facilities Plan Update; and WHEREAS, the Florida Department of Environmental Protection requires the local governing body to adopt a dispute resolution process as part of the document·don necessary to file with the District's application for a state revolving fund loan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: Section 1. The Dispute Resolution Process attached hereto and incorporated herein as Exhibit "A" is hereby approved. This Resolution shall become effective immediately upon its adoption. This Resolution adopted this ~.._~day of after motion, second and majority vote. ATTEST: ' DWIGHT E. BROCK, CLERK Approved as to t'orm and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT ' Oaq, weigd County Attorney KWB.Ih. RESOt..O003 DISPUT£ R£$OI'.UTION PROC£$$ FOR TiI£ COLlieR COUNTY' WATER-S~W~ DiSTriCT The Board of Courtly Commissioners of Collier Counly, Florida, ~s Ex- O~cio Ihe 6overning Board o~ Ihe Collier Counly W~er-Sewer Dislric~ (hereafter referred to as "District"), has adopted these procedures for resolving any disputes arising from its activities associated with the planning, design, construction, and operation of facilities financed by a loan from the State Revolving Fund authorized by Section 403.1835, Florida Statutes and Chapter 88-499, Laws of Florida. I. Any person who can demonstrate that an improper action by the District in the above activities has caused, or will cause, a material adverse effect on such person shall file at the office of the Collier County Public Works Division Administrator, Collier County Government Center, Health Building (Building H), 3301 East Tam;ami Trail, Naples, Florida 34112, a written protest within ten (10) calendar days of having become aware of such action. Acopy of the protest documentation must be provided to any party which potentially would be directly and adversely affected by the relief sought and to the County Attorney, Collier County Governmenl Center, Administration Building, S,s Floor, 3301 East Tamiami Trail, Naples, Florida 34112. Any notice of protest filed a~erthe deadline or not containing parts (a) through (e) of the following may not be considered: (a) The name and address of the protester; (b) A statement describing the disputed action and giving reasons that the action was believed improper; (c) A statement describing how and when the protester became aware of the disputed action; (d) A statement of how the protester is, or will be, adversely affected; (e) A statement of ~he relief, soul~ht; (f.) Any other information material to the protest. Within seven (7) calendar days of. receipt of the protest, the Collier County Public Works Division Administrator may provide an opportunity to settle the protest by mutual agreement. The dispute may be resolved at a f.ormnl hearing as described herein. The Collier County Public Works Division Administrator shall, within f.ourteen (14) calendar days of' receipt of' the protest, set a date, time and place for the formal he~tring to be held and said hearing shall not be held earlier than fourteen (14) calendar days and no later than thirty (30) calendar days after receipt of' the protest. At the hearing the protester and/or the protester's legal counsel shall present evidence and testimony and may ask questions of. witnesses. The District's representatives, consultants, legal counsel and witnesses may present testimony about the disputed action. Within ten (10) calendar days of' the conclusion of' the hearing, the Collier County Public Works Division Administrator shall render a written decision along with the justification of. the decision. If. the protester does not accept the propriety of' the Collier County Public Works Division Administrator's decision, it may appeal for reconsideration by the District. The appeal must be received at the of.f~ce of' the County Administrator within five (5) calendar days after the decision is rendered by the Collier County Public Works Division Administrator. The appeal must contain the information provided in (la) through (It'), as set forth herein, and the justification f.or requesting reconsideration. The County Administrator shall, within five (5) days of. receipt of' the appeal, designate a time and place for a public meeting of the District at which the appeal is to 12C 5 appeal documentation must be provided to any party which potentially would be directly and adversely affected by the relief sought and to all parties that were present at the formal bearing. At the meeting, the justification for the Collier County Public Works Division Administrator's decision shall be presented, and the petitioner and/or the petitioner's legal counsel shall have the opportunity to present evidence and testimony. Decisions of' the District shall be final, subject to remedies at law. KWB.Ih. EXH.A 12C 5~ COLLIER COUNTY 201 FACILITIES PLAN UPDATE Final Draft June,1997 James L. Hag~'ty, P.E. Date Florida Registered Prot'essional Engineer No. 43969 12C 5 Contents Dst of F~gures Dst of Tables Section I Sect/on 2 Secffon 3 Executive Summary ....................................... 1-1 1.1 Background ......................................... 1-1 1.2 Organization of Report ................................ 1-1 1.3 Summary of Recommended Plan ........................ 1-2 Introduction ............................................. 2-1 2.1 General ............................................ 2-1 2.2 Purpose and Scope ................................... 2-2 2.3 Planning Area Description end Background ................ 2-3 2.3.1 Wastewater Management Planning ................. 2-4 2.4 Water Quality Goals and Management Objectives ........... 2-4 2.5 Public Education ..................................... 2-6 Objectives and Goals ...................................... 3-1 3.1 General ............................................ 3-1 3.2 Minimum Wastewater Treatment Requirements ............. 3-1 3.3 Effluent Disposal ..................................... 3-4 3.3.1 3.3.2 3.3.3 3.3.4 3.3.5 3.3.6 3.3.7 3.3.8 3.3.9 3.3.10 3.3.11 Surface Water Discharge ......................... 3-4 Deep Well Injection .............................. 3-5 Percolation Ponds ............................... 3-6 Wetlands ...................................... 3-7 Reuse ........................................ 3-7 Golf Course and Urban Reuse .................... 3-10 Agricultural Reuse ............................. 3-10 Industrial Reuse ............................... 3-11 Wellfield Augmentation .......................... 3-11 Wet Weather Management Rules .................. 3-12 Existing Permit Requirements ..................... 3-14 Camp Dresser &: McKee ,~ion 4 3.4 Residuals Disposal ................................... 3-16 3.4.1 State of Flodda Requirements .................... 3-16 3.4.1.1 3.4.1.2 3.4.1.3 3.4.1.4 Class A ............................... 3-16 Class B ............................... 3-17 Application Sites ........................ 3-17 Distribution and Marketing ................. 3-20 3.4.2 Federal Requirements .......................... 3-20 3.5 Permitting Requirements and Considerations .............. 3-23 3.5.1 3.5.2 3.5.3 3.5.4 3.5.5 3.5.6 3.5.7 Federal ...................................... 3-23 State of Florida ................................ 3-23 Collier County ................................. 3-24 NPDES Permitting .............................. 3-24 FDEP Collection and Transmission Construction Permit 3-27 Dredge and FilI/MSSW Permitting- Army Corps of Engineers/FDEP ................... 3-28 Planning and Zoning ............................ 3-28 Environmental Inventory ................................... 4-1 4.1 Topography ......................................... 4-1 4.2 Geology ............................................ 4-1 4.2.1 4.2.2 4.2.3 4.2.4 4.2.5 4.2.6 4.2.7 Pamlico Sand .................................. 4-2 Fort Thompson/Tamiami Formation ................. 4-2 Hawthorn Group ................................ 4-4 Suwannee Limestones ........................... 4-4 Ocala Group ................................... 4-5 Avon Park Limestone ............................ 4-6 Oldsmar Limestone .............................. 4-6 4.3 Soils ............................................... 4-7 4.4 Hydrologic Setting .................................... 4-8 4.4.1 4.4.2 4.4.3 Ground Water Systems ........................... 4-8 Surface Water Systems ......................... 4-10 Flood Prone Areas ............................. 4-10 4.5 Climate ........................................... 4-11 4.6 Air Quality ......................................... 4-12 Camp Dresser & McKee 4.7 Existing Water Quality ................................ 4-14 4.7.1 Surface Waters ................................ 4-14 4.7.2 Ground Waters ................................ 4-15 4.8 Water Supply ....................................... 4-16 4.8.1 Collier County Regional Water System ............. 4-16 4.9 4.10 4.11 Ecologically Important Areas ........................... 4-17 Listed Species ...................................... 4-29 Parks, Recreations and Open Space .................... 4-34 Sect/on 5 Current Situation ......................................... 5-1 5.1 Wastewater Systems in Collier County .................... 5-1 5.2 Conditions in the Planning Area ......................... 5-8 5.2.1 5.2.2 5.2.3 Planning Area Description ........................ 5-8 Demographics .................................. 5-9 Other Existing Environmental Conditions ............ 5-10 5.3 Existing Wastewater Flows and Treatment System and Flows. 5-13 5.3.1 5.3.2 5.3.3 North County Service Area ....................... 5-13 South County Service Area ....................... 5-14 Wastewater Flows .............................. 5-16 5.4 North Service Area Wastewater Treatment Facilities ........ 5-22 5.4.1 5.4.2 5.4.3 5.4.4 5.4.5 5.4.6 5.4.7 5.4.8 Facility Overviews and Histories ................... 5-22 NCRWWTF Process Description .................. 5-23 PBWWTF Process Description .................... 5-30 Quantity and Quality of Influent and Effluent ......... 5-31 Current Effluent Management Program ............. 5-31 Existing Solids Handling Facilities ................. 5-36 Historical Sludge Production ...................... 5-36 Current Sludge Disposal Sites .................... 5-38 5.5 South County Regional Wastewater Treatment Facility ...... 5-38 5.5.1 5.5.2 5.5.3 Facility Overview and History ..................... 5-38 Process Description ............................ 5-40 Quantity and Quality of Influent and Effluent ......... 5-45 C~np ~ & McK~ · Section 6 Section 7 5.5.4 5.5.5 5.5.6 5.5.7 Current Effluent Management Program ............. 5-45 Existing Solids Handling Facilities ................. 5-47 Historical Sludge Production ...................... 5-49 Current Sludge Disposal Sites .................... 5-49 5.6 Collection and Transmission System ..................... 5-49 5.6,1 5.6.2 5.6.3 5.6.4 Collection System .............................. 5-51 Transmission System ........................... 5-51 Infiltration and Inflow ............................ 5-53 Sewer Maintenance System ...................... 5-59 5.7 Significant Developed Areas Served by Onsite and Nonconventional Systems ............................. 5-60 5.8 Existing Water Conservation Program ................... 5-60 Future Conditions ........................................ 6-1 6.1 General · ...... ............. ....... .... . ...., ....... 6-1 6.1.1 The Collier County Comprehensive Plan Overview ..... 6-1 6.2 Land Use ........................................... 6-2 6.3 Demographic and Economic Projections ................... 6-5 6.3.1 Permanent Population Projections .................. 6-5 6.3.2 Seasonal Population Projections .................. 6-13 6.4 Forecast of Flow and Wasteload ........................ 6-13 6.4.1 6.4.2 6.4.3 6.4.4 6.4.5 6.4.6 6.4.7 Average Daily Base Flow ........................ 6-13 Future Industrial Flow ........................... 6-18 Level of Service Standard ........................ 6-18 Septage ...................................... 6-18 Seasonal Flow Variations ........................ 6-18 Water Quality and Residuals Solids Reduction ....... 6-20 Residuals Production ........................... 6-20 Wastewater Management Alternatives ........................ 7-1 7.1 Introduction ......................................... 7-1 7.2 Effluent Disposal Alternatives ........................... 7-1 Camp Dresser & McKee i~ GCX.2~I.TC: 7/14~7 12C 5 Section 8 7.2.1 Golf Course and Urban Reuse ..................... 7-1 7.2.1.1 7.2.1.2 7.2.1.3 7.2.1.4 Option 1 - Existing Reuse Customers ......... 7-2 Option 2 - Reclaimed Water Interconnect With Additional Customers ................. 7-5 Option 3 - SFWMD 100 Percent Reuse ....... 7-7 Option 4 - Wellfield Augmentation ............ 7-9 7.2.2 7.2.3 7.2.4 7.2.5 7.2,6 7.2.7 7.2.8 Agricultural Reuse ............................. 7-13 Industrial Reuse ............................... 7-13 Deep Well Injection ............................. 7-13 Percolation Ponds .............................. 7-14 Man-made Wetland Disposal ..................... 7-15 Land Application With Spray Irrigation .............. 7-15 Surface Water Discharge ........................ 7-16 7.3 Treatment System Alternatives ......................... 7-16 7.3.1 7.3.2 7.3.3 No Action Alternative - Alternative I ................ 7-16 Optimization of Existing Treatment Plants - Alternative II .................................. 7-16 Existing Treatment Plants with Interconnect - Alternative III .................................. 7-17 7.4 Collection and Transmission System Alternatives ........... 7-17 7.4.1 7.4.2 7.4.3 No Action Alternative - Alternative I ................ 7-19 Optimization of Existing Transmission Systems- Alternative II .................................. 7-19 Interconnected Transmission System- Alternative III .................................. 7-19 7,5 Development of Wastewater Management Program Alternatives ................................. 7-19 7.5.1 7.5.2 7.5.3 No Action-Alternative I .......................... 7-20 Optimization of Existing Wastewater Facilities- Alternative II .................................. 7-20 Interconnected Regional Treatment Facilities - Alternative III .................................. 7-20 Plan Selection ........................................... 8-1 8.1 General ............................................ 8..1 Camp Dresser & McKee v C(3C2~1.TC 7/14'97 12C 5 ,,~ction ~ Section 10 8.1.1 8.1.2 8.1.3 Effluent Disposal Alternatives ...................... 8-1 Treatment Alternatives ........................... 8-1 Transmission System Alternatives .................. 8-2 8.2 Evaluation of Alternatives .............................. 8-2 8.2.1 8.2.2 8.2.3 8.2.4 Economic Analysis .............................. 8-2 Environmental Impact ............................ 8-6 Implementability ................................ 8-6 Social Considerations ............................ 8-7 8.3 Selection of Wastewater Management Plan ................ 8-7 Description of Selected Plan ................................ 9-1 9.1 Wastewater Treatment .......... ' ...................... 9-1 9.2 Wastewater Transmission .............................. 9-3 9.3 Effluent Disposal Facilities ............................. 9-4 9.4 Financial Plan ....................................... 9-5 9.5 Financing Capital Improvements ........................ 9-10 Implementation Plan ..................................... 10-1 10.1 General ........................................... 10-1 10.2 Institutional Arrangements ............................. 10-2 10.2.1 10.2.2 10.2.3 10.2.4 General .................................... 10-2 Regulatory Agreements ........................ 10-2 County Ordinances and Resolutions .............. 10-3 Industrial Pretreatment Program ................. 10-4 10.3 Implementation Schedules ............................ 10-4 10.3.1 Financing Schedule ........................... 10-5 Appendix A Appendix B Appendix C Appendix D Appendix E Water Conservation Brochures and Booklets Consent Order Present Worth Calculations Capital Financing Plan Standard Effluent Agreement Camp Dres~r & McKee 12C 5 Appendix F Appendix G Sewer Use Ordinance Public Hearing Minutes (To Be Provided After Hearing) Camp Dresser &: McKee :[2u 5 List of Figures 5-6 5-7 5-8 5-9 5-10 Follows Page 2-1 201 Planning Area & Location Map .............................. 2-3 4-1 Generalized Hydrogeology Beneath Western Collier County .......... 4-6 4-2 North-South Cross Sections showing the relative positions of the Aquifers in Western Collier County ..................................... 4-6 4-3 100-Year Floodplain ......................................... 4-4 Conservation and Protection Areas ............................. 4-14 5-'/ 201 Planning Area North/South Service Area Boundaries ............ 5-1 5-2 Planning Communities in TAZ within Collier County Sewer Service Area ......................................... 5-10 5-3 North County Service Area Existing Wastewater Facilities ........... 5-14 5-4 South County Service Area Existing Wastewater Facilities ........... 5-17 5-5 Average Daily Flow and Annual Population for the Three County Treatment Facilities ......................................... 5-19 Average Daily Flows Compared to Monthly Flows ................. 5-19 Average Daily Flows Compared to Monthly Flows ................. 5-19 North County Regional Wastewater Treatment Facility Site Plan ...... 5-23 South County Regional Wastewater Treatment Facility Site Plan ...... 5-38 South County Regional Wastewater Treatment Facility Phase I and Future Upgrades/Expansion ........................ 5-40 6-1 North Service Area Dwelling Unit Growth ......................... 6-9 6-2 North Service Area Population Projections ........................ 6-9 6-3 South Service Area Dwelling Unit Growth ........................ 6-11 Camp Dre.,sser &; McKee 6-4 7-2 7-3 7-4 9.1 South Service Area Population Projections ....................... 6-11 North Service Area Reuse System .............................. 7-2 South Service Area Reuse System .............................. 7-2 Alternatives I! & I~1 North Service Area .......................... 7-17 Alternatives II & III South Service Area .......................... 7-17 North County Regional Wastewater Treatment Facility Site Plan ....... 9.1 List of Tables Table 3-1 3-2 Summary of Recommended Improvements ......................... 1-4 Permitted Effluent Limits ....................................... 3-15 FDEP Site Restrictions Upon Residuals Application Based on Stabilization Class ............................................ 3-18 3-3 Residuals Application FDEP Cumulative Loading Limits for Heavy Metals ............................................. 3-19 3-4 Residuals Application FDEP Heavy Metal Concentration Limits for Class AA Residuals ........................................ 3-21 4-1 Western Collier County Soils After Leighty et al (1954) ................ 4-5 4-2 Total Suspended Particulates (ug/m3) ............................. 4-9 4-3 Summary of Lands Reserved for Conservation Protection Purposes ..... 4-14 4-4 Habitat Acreage for Collier County ............................... 4-16 4-5 Endangered and Potentially Endangered Fauna Observed in Collier County ............................................... 4-27 4-6 Inventory of Parks and Recreation Resources ...................... 4-31 .................................... 4-33 4-7 Collier County Golf Courses 5-1 Sewer Systems Regulated by Florida Public Service Commission ........ 5-4 5-2 Private Package Plants ......................................... 5-5 5-3 Collier County Planning Services Department 1995 Land Use .......... 5-11 5-4 Collier County Planning Services Department 1995 Developed Land Use ................................................... 5-12 5-5 North County Service Area Package Sewage Treatment Plants ........ 5-15 Camp ~ & McKee U~ of Tab/e~ 5-6 South County Service Area Package Sewage and Florida Public Service Commission Regulated Treatment Plants .......................... 5-17 5-7 Historical Wastewater Flows from 1991 to 1995 ..................... 5-20 5-8 Summary of NCRWWTF Process Equipment ....................... 5-24 5-9 North County Regional WWTF Quantity and Quality ................. 5-32 5-10 Pelican Bay WWTF Wastewater Quantity and Quality ................ 5-33 5-11 North County Service Area Reuse Customers and Flow Commitments for Periods September 1994 through August 1995 ................... 5-35 5-12 North County Regional WWTF Sludge Production ................... 5-37 5-13 Summary of SCRWWTF Process Equipment ....................... 5-41 5-14 South County Regional WWTF Quantity and Quality ................. 5-46 5-15 South County Service Area Reuse Customers and Flow Commitments for Periods September 1994 through August 1995 ................... 5-48 5-16 South County Regional VVW'I'F Sludge Production .................. 5-50 5-17' Summary of Pump Station Emergency Power ....................... 5-54 5-18 Gravity Sewer Collection System Data ............................ 5-55 5-19 Force Main Collection System Data .............................. 5-56 5-20 Historical North/South Lift Station Data ........................... 5-57 5-21 North County Infiltration Evaluation .............................. 5-58 6-1 Collier County Planning Services Department 1995 Land Use ........... 6-3 6-2 Collier County Planning Services Department 1995 DevelOped Land Use .................................................... 6-4 6-3 North Service Area Population Projections .......................... 6-7 6-4 South Service Area Population Projections ......................... 6-8 Camp Dresser & McKee ii 6-5 6-6 6-7 6-8 6-9 7-1 7-2 7-3 7-4 7-5 7-6 8-I 8-2 8-3 9-1 9-2 9-3 9-4 9-5 9-6 12C List of T~s Collier County Wastewater System Per Capita Wastewater Flows North County Regional Service Area ............................. 6-14 Collier County Wastewater System Per Capita Wastewater Flows South County Regional Service Area ............................. 6-16 Flow Projections by Service Area ................................ 6-17 Level of Service Standards ..................................... 6-19 Sludge Production by Service Areas .............................. 6-21 Alternative No. I - Existing Reuse Customers ........................ 7-3 Alternative No. II - Additional Reuse Customers ...................... 7-6 Alternative No. III - Additional Reuse Customers ..................... 7-8 Alternative No. IVa -Additional Reuse Customers ................... 7-10 Alternative No. IVb - Additional Reuse Customers ................... 7-11 Package Plant Connection Schedule ............................. 7-18 Wastewater Reuse Alternatives Summary of Present Value Analysis ..... 8-4 Present Worth Analysis Alternative Comparison ..................... 8-5 Ranking of Alternatives ......................................... 8-9 Project Cost for Phase I ........................................ Project Cost for Phase II ........................................ 9-7 Project Cost for Phase III ....................................... 9-9 Project Cost for Phase IV ....................................... Phase I Financing Plan for SRF Projects .......................... 9-11 Phase I Annual Cost of Selected Plan with SRF Financing ............ 9-12 5 Camp Dresser & McKee iii 9-7 12C List of Table8 (~~ Phase I Annual Cost of Selected Plan with Bond Financing ............ 9-13 Phase I Implementation Schedule ................................ 10-6 Phases II, III and IV Implementation Plan .......................... 10-7 Camp ~ & IvicK~ iv !2E 5 Section 1 Executive Summary 1.1 Background Co~.er County completed a 201 Facilities Plan in 1978 with subsequent updates in 1956 and 1996. This 201 Facilities Plan provides a further update of the wastewater management alternatives for the county and recommends a 20-year plan for implementation. One of the goals of a 201 Facilities Plan Update is to optimize the potential for obtaining State Revolving Fund (SRF) Iow interest loan to finance the wastewater management program. This plan is provided for the planning period from 1997 to 2017 and is consistent with the adopted county Comprehensive Plan. The Marco Island service area is not included in this update and is being partitioned from the update since it is a separate water and sewer district. Wastcwater treatment in the Marco Island service area is currently provided by Southern Stat~s Utilities, 1.2 Organization of Report This report has been divided into ten sections as summarized below. Section 1' Executive Summary: Summarizes wastewater management planning and the recommended alternative. Section 2: Introduction: C~neral information related to county's Comprehensive Plan, purpose and scope of' report, and planning background information on the development of Collier County and the utility system. In addition, general information related to wastcwater management planning and water quality goals and objectives is included. Section 3: Objectives and Goals: Regulatory considerations including water quality treatment requirements, effluent disposal requirements, residuals disposal considerations and permit'ting concerns ar~ presented in this section. Camp Dresser & McKee GOL201.Ol 7tl 4~7 1-1 Section 4: Section 5: Section 6: Section 7: Section g: Section 9: Section I Execu#ve Summary Summary of Environmental Considerations: This section contains int'ormation related to soils, hydrology and hydrogeology, climate, land use, wildlife, cultural resources and air quality in the planning area. Current Situation: Describes existing population, wastewater collection, transmission, effluent disposal and residuals management systems. Future Considerations: Projects future population and wastewater flows, land use, water quality, and residuals production throughout the planning period. Wastewater Management Alternatives: Development ofwaslewater management alternatives including transmission, treatment, and effluent disposal. Plan Selection: Evaluation of alternatives including economic, environmental, social, and implementation considerations and recommendation of selected plan. Description of Selected Plan: Describes in detail the recommended management plan, provides a financial plan for funding the plan which outlines total project costs and provides annual cost to customers. Section 10: Implementation Plan: Outlines institutional arrangements, an implementation schedule, an overview of'the new system, and a capital financing plan. 1.3 Summary of Recommended Plan Based upon the existing conditions in Collier County and the projected wastewater flows, three alternatives have been considered. Camp Dresser & McKee co~-~.o~ ?/14~? 1-2 Alternative I: No Action: The county will continue to operate the existing wastewater system with no changes in capacity or treatment level. Alternative II: Two Regional Treatment Plants: The county will continue to operate the two existing treatment plants with expansion to provide service throughout the planning period. This alternative includes the removal of package wastewater treatment plants bom service. Alternative III: Two Regional Interconnected Treatment Plants: The county will continue to operate the two existing treatment plants and to construct an interconnect pipeline to allow transfer of raw wastewater between the two treatment facilities. This alternative also provides for the removal of package treatment plants from service. Based upon the cost effective analysis (present worth) and consideration of environmental and social concerns as well as the ease ofimplementation of the alternatives, the recommended plan is Alternative II. Phase I of the recommended plan is expected to be completed and operational by 2002. The total capital costs of Phase I are estimated to be approximately $35.4 million which includes $23.9 million for expansion of the North County Regional Wastewater Treatment Facility (NCRWWTF). Phases II, III and IV will be implemented in accordance with the schedule established in Section 10 and is expected to be fully implemented by the year 2017. Table 1-1 provides a list of the proposed projects for Phase I through IV. Camp Dresser & McKee cctamm ~n~r~ 1-3 TABLE 1-1 COLLIER COUNTY 201 FACILITIES PLAN UPDATE SUMMARY OF RECOMMENDED IMPROVEMENTS 120 ~ PRO~IECT COSTo) PHASE I Wastewater Treatment (' 23,926,100 · Expand NCRWWTF to 13.5 mgd Wastewater Transmission 4,492,800 · Pump Stations & Force Mains Effluent Disposal 7,008,200 · Reclaimed Water Mains · Reclaimed Water Storage PHASE II Wastewater Treatment 9,750,000 · Expand SCRWWTF to 10.5 mgd Wastewater Transmission 3,008,200 · Pump Stations & Force Mains Effluent Disposal 4,160,000 · NCRWWTF Deep Injection Well PHASE IH Wastewater Transmission 2,450,000 · Pump Stations & Force Mains Effluent Disposal 1,014,000 · Reuse Pump Stations · Reclaimed & Water Mains PHASE IV Wastewater Treatment 29,250,000 · Expand NCRWWTF to 18.5 mgd · Expand SCRWWTF to 13.0 mgd (1) Includes construction, contingency (l $%), engineering & program management (13%) and administration & legal (2%) for non-SRF projects. SRF project includes construction, contingency, engineering & program management based on SRF formula. Camp Dresser & McKee COL201 TABLE 1.01 7/15/97 1-4 12C 5 Section 2 Introduction 2.1 General 201 Facilities Plans are required by the State of Florida as part of the State Revolving Fund (SRF) Iow interest loan program, originated as part of Public Law 92-500, Federal Water Pollution Control Act Amendments of 1972. The loan money available is to provide assistance for construction of wastewater collection, treatment, and effluent disposal facilities. Collier County originally prepared a 201 Facilities Plan in 1978, and updated it in 1986 and 1996. This update is based upon the original 201 Facilities Plan, the 1986 and 1996 updates, and the Collier County Comprehensive Plan. This 201 Facilities Plan Update is consistent with the Collier County Comprehensive Plan (adopted Januaz7 1989). The~e are general objectives and goals inherent in a 201 Facilities Plan and specific objectives and goals which have been identified by the county for wastewater management. Those that are general in nature include the following: · Improve and enhance the existing quality of the surf'ace water bodies and the groundwater, · Provide for future needs in the planning area consistent with approved and adopted local land use plans; · Az~alyze alternatives for collecting, treating and disposing of'wastewater and residual disposal with respect to total costs, environmental impact, social concerns, and ease of'implementation; · Optimize the existing treatment system by evaluating removal efficiencies and performance criteria of'existing facilities; · Optimize the existing disposal system by evaluating applicable water quality standards, potential for reuse, and recycling; · Develop an implementation plan that is equitable and identify the county department to implement the plan. Camp Dre~r & McKee 2-1 CCX..201.~2 7/11~7 12C 5 ,Sect/on 2 In addition to the general objectives and goals, specific guidelines were set forth by the Collier County Comprehensive Plan and identified in the previous 201 Facilities Plan Updates (1986 and 1996). These included the following goals: !. To reduce water pollution caused by sewage and sludge disposal. 2. Assess the impact that sewage and sludge disposal are hav~ng upon Collier County's water 3. Accomplish the county's goals in the most cost effective manner, and 4. Identify plans and programs that are needed to protect the county's water resources from sources of pollution other than sewage and sludge. 2.2 Purpose and Scope Collier County has initiated implementation of the wastewater management goal of providing wastewater service to help the preservation of surface water quality and groundwater resources. Regional wastewater collection, treatment, and disposal systems will provide the capability to accommodate population growth and will eliminate a great number of existing and/or potential pollution sources throughout the planning area. As the initial eft'on to meet the county's wastewater management goals and obtain eligibility for SRF Iow interest loans, Camp Dresser &: McKee Inc. (CDM) has been retained by Collier County to prepare this 201 Facilities Plan Update. The scope of this 201 Facilities Plan Update includes a detailed evaluation and presentation of the proposed facilities and improvements required for planning a wastewater treatment system to meet the needs of Collier County to the year 2017, including: Determination of applicable design flows and effluent quality requirements for the proposed wastcwater treatment facilities or expansion to existing facilities to meet the year 2017 needs. Camp Dresser &: McKee ccx~m ~n zn4~z 2-2 12C 5 · Description of the planning area including environmental conditions, permit requirements, and existing utilities. · Evaluation of'existing facilities and their present capabilities. · Analysis of treatment and disposal process improvements and/or expansion alternatives. · Determination of' areas to be served by wastewater collection system expansion · Estimation of population to be served by collection system expansion, flow generated, and phasing plan for expansion. · Estimation ofthe probable cost of construction ofthe recommended facility and proposed expansion. · Identification of the required and recommended improvements for the construction and expansion programs, the estimated cost of the program alternatives and the relative priority ranking ore. ach recommended program. 2.3 Planning Area Description and Background The planning area encompasses Collier County with the exception ofthe incorporated City of Naples and Pelican Bay, Corkscrew Swamp Sanctuary;, Big Cypress Swamp; Rookery Bay State Aquatic Preserve; and N~onal Estuarine Sanctuary. The area consists of approximately 261 square miles including the bays and estuaries. The planning area is generally bounded on the north by Lee County, on the west and south by the Gulf of Mexico, and on the east by the service area boundary as shown in Figure 2-I. The City of Naples is not within the study area. Three regional service areas are located within the 201 Planning Area. These include the North, South and Marco Island Service Areas. The Marco Island Service area is not included in this 201 Update and is being partitioned from the update since it is a separate water and sewer district with wastewater treatment currently being provided by Southern States Utilities. In the decade of the 80's, Collier County experienced rapid population growth requiring additional wastewater services. These services were provided by the county through extension of their Camp Dresser & McXee ca.:o~ ?ns~ 2-3 Z Z Comp Drm, sm~ & IdcKee 201 COLLIER COUNTY 201 rACILITI£$ PLAN UPDATE PLANNING AREA AND LOCATION MAP No. 2-1 120 5 $~ 2 collection system and through the use of septic tank systems and package wastewater treatment plants. Three county-owned wastewater treatment facilities, 10 package wastewater treatment plants, two private utility wastewater treatment facilities, and 900 septic systems are currently located in the North and South County Regional service areas, The projects needed for utility expansion and operation will be the responsibility of Collier County and various private and investor owned utilities. Private utilities are only permitted until county wastewatcr facilities are available and economically feasible or as specifically identified by the county. 2.3.1 Wastewater Management Planning In order to comply with the direction of the Collier County Board of County Commissioners and adopted Comprehensive Plan, the county is proceeding with planning a wastewater management program for the county through 2017. This 201 Facilities Plan Update contains evaluations of wastewater management ahematives and implementation procedures including collection, transmission, treatment, effluent disposal, and residuals management. Once the management plan outlined in this report is adopted by the Board of County Commissioners (BOCC), design, FDEP eligibility for SRF loans, and implementation can proceed. The county has committed to implementing a wastcwatcr management plan to provide wastcwatcr service and pursue SRF eligibility for areas of the county which are identified in the 20] Facilities Plan Update. 2.4 Water Quality Goals and Management Objectives The objectives of the county's wastewater management plan are outlined in Section 2. !. These goals and objectives have been identified in order to preserve thc environmental quality of'Collier County. In order to carry out the objective of maintaining water quality in the study area, the applicable Camp Dresser & McKee 5 standards for the surface water must be identified. The State of Florida has est~tblished standards for different classifications of water bodies based upon their usage. Surface water quality standards have been published by FDEP and are included in Chapter 62-302 FAC. In Collier County, the following water bodies are classified as Class II: Cocohatchee River, connecting waterways from Wiggins Pass south to Doctor's Bay, Dollar Bay, Inner and Outer Clam Bay, Inner and Outer Doctor's Bay, Little Hie'cory Bay, Wiggins Pass, and tidal bays and passes including portions of Naples Bay, Rookeq~ Bay and Ten Thousand Islands. The State of Florida Department of Health and Rehabilitative Services 0-iRS) has identified septic tanks in high population density areas as potential sources of groundwater and surface water contamination. In a report titled "Onsite Sewage Disposal System (OSDS) Research in Florida" (FIRS, 1989), contaminants were detected in groundwater samples taken beneath existing subdivisions in areas where poor soil conditions existed. In the March 1993 update to this same report, I-IRS stated: "large areas of Florida have soil conditions unsuitable for conventional OSDS designs. Approximately 74 percent of state soils have severe or very severe limitations for conventional OSDS designs based on USDA Soil Conservation Services (SCS) criteria. The most common limiting conditions is seasonal wetness or shallow groundwater. Slowly permeable soils, shallow bedrock, and periodic flooding are other limiting conditions frequently encountered." The report's summary ot' results £urther stated: · Many of these areas have sandy soils with relatively high water tables, where the use of conventional OSDS will be prohibited. Groundwater modeling of OSDS impacts from high density subdivisions indicates a potential for nitrate contamination to exceed the groundwater standard down gradient of the subdivisions. Camp Dresser & McKee c~.~ z~ 2-5 12C 5 Most of the soil conditions and groundwater conditions in Collier County are not conducive to the use of OSDS, particularly ns the population densities increase. Areas near the coast which are tidally influenced are particularly susceptible to detrimental impacts of OSDS. In areas which are currently not served by central sewers, the county has restricted development to a density which is acceptable to allow service by septic tank systems. 2.5 Public Education Collier County bas implemented several programs that provide the public education regarding water quality and conservation issues. In addition to implementation of an urban reuse system to conserve the area's potable water supplies, the county luts included xeriscaping current road beautification projects. A display at the county museum has been set up to educate the public on the water conservation benefits ofuslng xeriscaping. The county has also developed a water conservation brochure and children activity booklets to educate the public on water conservation. Copies of these brochures and booklets are provided in Appendix A. Camp Dresser & McKee GOi.2~1.D2 7;11/g7 12(3 5( Section 3 Objectives and Goals 3.1 General Regulatory limitations imposed on wastewater effluent and sludge disposal are of'primary concern to local utilities and to planners and design engineers who usist in developing facilities to comply with these regulations. This section describes the regulatory constraints which affect options for disposal of residuals and effluent as well as treatment requirements. 3.2 Minimum Wastewater Treatment Requirements Chapter 403, Florida Statutes, Part I, Pollution Control, states the minimum requirements and goals for the abatement of water pollution in the State of Florida. Section 3.03.021(2) of the Florida Air and Water Pollution Control Act declares the public policy of this state: ...to conserve the waters of the state smd to protect, maintain, and improve the quality thereof for public water supplies, for thc propagation ofwildlife, fish, and other aquatic life, and for domestic, agricultural, industrial, recreational, and other beneficial uses, and to provide that no wastes be · discharged into any waters of the state without first being given the degree of treatment necessary to protect the beneficial uses of such water. Prior to March 1, 1979, the effluent requirements were given in Chapter 17-30 of the Florida Administrative Code (FAC); however, these requirements have been reassigned to Chapter 62-600. Chapter 62-600.420 requires a minimum of secondary treatment for wastewater, and additional levels ofwaste treatment, if necessary and ordered by the Florida Department of Environmental Protection (FI3EP). Minimum secondary treatment requirements for existing facilities are: 20 mg/1 each of carbonaceous biochemical oxygen demand (CBODs) and total suspended solids (TSS). Secondary treatment for new or modified facilities is defined as: alter disinfection, a minimum of~3 percent Camp Dresser & McKee 3-1 C~i.2Ol ~ 7fl1~7 12[; Sect~n 3 Objec~es and Goals removal of CBODs and TSS or not more than 20 mg/I CBOD5 and 20 mg/I TSS, whichever is more stringent. Additional levels of treatment are defined as: after disinfection, not more than $ mg/1 TSS and I0 rog/1 Total Nitrogen as N. Advanced secondary treatment (AST) requires secondary treatment with filtration and high level disinfection. These limits are specified for discharges from all facilities except those of underground injection and ocean outfalls. Basic disinfection results in not more than 200 fecal coliform per 100 nd of effluent sample. H~gh-level disinfection must result in an effluent with undetectable fecal coliform. Intermediate disinfection must result in not more than 14 most probable number fecal coliform per 100 ml ofeffluent sample. The pH value after disinfection shall be within the range of 6.0 to 8.5. The n~nimum treatment requirements for treatment facilities are based to a large extent upon the intended disposal method for the effluent and residuals generated by the treatment facility. Chapter 62-600 FAC provides general guidelines for minimum treatment requirements as summarized below. · New wastewater facilities shall be designed in accordance with sound engineering practice. · Select treatment processes and equipment which will efficiently and reliably meet required effluent limits. · Locate treatment facilities to minimize adverse impacts from odor, noise, aerosol drift, and lighting and provide assurances that the facility will not adversely impact human health or welfare or enjoyment of property. · Locate the structures essential for operation such that they are protected from the 100-year flood. The facility should be designed to remain operational during the 25-year flood. Camp Dresser & McKee 3-2 C~X,2~1.0~ 7tt 1~7 0~ ~ · Provide at a minimum secondary treatment including an effluent value of not greater than 20 m8/I CBODs and TSS or 90 percent removal from influent, whichever is more stringent. · Provide treatment in excess of secondary for surface water discharge to Class I waters, includin8 high level disinfection. · Provide nutrient removal to levels specified by I:DEP Water Quality Based Effluent Limits OVQBEL) for surface water discharge. The level of treatment requirements of each new or expanded facility must be addressed in a Preliminary Design Report including reliability measures and disinfection levels. The end use oftbe effluent is a determining factor for the level oftreatment. Effluent discharged to surface water should be treated in accordance with advanced wnstewater treatment requirements while that discharged to a reuse system is required to meet advanced secondary wastewater treatment levels. The surface waters of Florlda have been categorized into five (5) classifications according to designated uses. These classifications are: Class I Class II Cla~s III Class IV Cia.ss V Potable Water Supplies Shellfish Propagation or harvesting Recreation, Propagation and Maintenance ora healthy, well-balanced population fish and wildlife Agricultural Water Supplies Navigation, utility and industrial use In regards to flood protection for domestic wastewater facilities, Chapter 62-600, F.A.C. states: The potential for damage or interruption of openttion because of flooding shall be considered by the permittee when siting new treatment plants and expansions of existing plants at inland or Camp Dresser & McKee :~1 12C ObjeCt; ~d ~ 5 coa.~d locations. The treatment plant structures essential t'or the purpose or'treating, stabilizing, conveying or holding incompletely treated waste and electrical and mechanical equipment shall be protected from physical damage by the ! 00-year flood. Chapter 62-604, F.A.C. includes similar design criteria for collection and transmission facilities. It s~tes: The potential t'or damage or int~ruption of operation because of flooding shall be considered by the permittee when siting new pumping stations ~t inland or coastal locations. The electrical and mechanical equipment sludl be protected from physical damage by the 100-year flood. During design, measures will be taken to prevent damage from the 100-year flood event. In as much as practical, structures and electrical and mechanical equipment will be located above the 10G-year flood elevation. Waterproof'enclosures will also be utilized. The South Florida Water Management District (SFWMD) also regulates the construction of surface water management systems at treatment plant sites. Final design drawings will be submitted to FDEP and SFWMD for review and approval. 3.3 Effluent Disposal 3.3.1 Surface Water Discharge Surface water discharge consists of the direct discharge of secondary or sdvanced treated wastewater to a water body such as a river, stream, or ocean. The degree of treatment required for such a discharge is determined by the FDEP through a wast¢load allocation (WLA). The WLA process consists of modelin$ the receiving water to determine how much pollution - in the form of C"BOD~, TSS and nutrients - can be added to the water without causing degradation. Completion of the WLA process usually requires at least one year and often longer. Camp Dresser & McKee a-4 12C 51 Set,on 3 Ob/ecf/ve~ and 3.3.2 Deep Well Inje~'on Deep well injection offers another option ss an alternative disposal method and is feasible fi.om regulatory and technical viewpoints, if' certain subsurface conditions exist. A large and highly permeable injection zone must be present so that large quantities of effluent can be disposed of at reasonable injection pressures. The injection zone must contain unusable saltwater with a total dissolved solids CFDS) content in excess or' 10,000 mg/l. Finally, the injection horizon must be overlain by comqning beds with extremely low vertical permeability so that injected fluids will not migrate upward and contaminate aquifers that are underground sources or'drinking water. Aquifers containing water with a TDS concentration of'less than 10,000 rog/1 are defined ss underground sources of drinking water. Chapter 62-525 FAC addresses underground injection control. Five classes of injection wells are defined. Municipal and industrial wsstewater disposal wells injecting effluent below the lower-most stratum containing an "underground source of drinking water" are categorized as Class I injection wells. Chapter 62-528 FAC establishes standards and criteria for the different classes of injection wells; and presents general design considerations and testing procedures, monitoring well requirements and operating requirements. Chapter 62-600 FAC establishes the minimum level of'treatment required for deep well injection ss secondary treatment and pH control. Disini'ection is not required prior to disposal via any Class I well, however, all Class I well permittees must maintain the capability to disint'ect at a level that is consistent with the alternate discharge mechanism pursuant to Chapter 62-528 FAC. No restrictions beyond secondary treatment is imposed on the concentration of solids. However, experience shows that in certain geological formations, there is potential for plugging of the injection zone by solids. This plugging can be mitigated by using filtration or screens and backwashing in the effluent disposal design. Camp Dresser & McKee 3.5 (:~1.03 7/'1t/17 12C 5 O~s ~d Go~ls In siting injection wells at wastewater treatment facilities for the disposal of treated effluent, a number of concerns must be addressed. T~e proximity to a number of other features such as Floridan aquifer supply wells or ASR wells. Water supply wells which withdraw from the proposed injection zone within a mile ofthe proposed injection well system must be considc'red. · Leakage prevention requires a thorough background knowledge ofthe regional subsurface, from a geologic, hydrogeologic and water quality perspective. The presence of faults, caverns and underground cave systems must be investigated. · The proposed method of secondary or emergency backup disposal method must be addressed. Urban and/or agricultural reuse, surface water discharge, spray irrigation, storage, backup injection well capacity or another method of alternative disposal must be permitted along with the injection well system to provide 100 percent backup capacity for a three-day period. 3.3.3 Percolation Ponds Percolation ponds use percolation through the underlying soil to dispose ofwastewater effluent. The success of percolation ponds depends on the soil and groundwater characteristics of the site. In the planning area, groundwater tables are high, often within I to 2 feet of ground surface. Percolation of large volumes of effluent could not be achieved with these conditions, thus percolation ponds have been rejected as a primary means of effluent disposal. These rules are contained in Chapter 62-610 FAC, Part IV. Monitoring wells are required in the proximity or'the percolation ponds. Camp Dresser & McKee 12C 5 Sec~on 3 Objec#ve~ m~d 3.3.4 Wetlands Pursuant to FAC 62-611, treatment requirements for discharge into and out of. a man-made wetland system arc dependent upon the receiving water's quality and flow characteristics. As a result, treatment beyond the standard AWT limits of' $-$-3-1 (mg/l) for CBODs, TSS, total nitrogen and total phosphorus may be required t'or process performance. Specifically, a total phosphorus limit or' 0.2 m8/I is required for most discharges fi.om treatment and receiving waters. A discharge limit of 0.2 mg/I for phosphorus normally requires a treatment plant reduction in phosphorus to less than or equal to 0. S mg/i. Discharge fi'om manmade wetlands into surface waters would require both FDEP and EPA permits. A detailed, site specific study in accordance with a FDEP approved Plan of.Study (POS) may need to be performed. The study must demonstrate that the proposed discharge would not create more than minimum negative impact in terms of'biological and water quality characteristics. Monitoring wells are required in the vicinity of'the wetlands. Discharge to wetlands can be considered as a wet-weather disposal option for a reuse system. According to FDEP regulations, the extensive efforts required for a Minimum Negative Impact 0VINI) study could be avoided if.the county were to implement a man-made wetlands system. The wetland would receive effluent treated to Advanced Wastewater Treatment (AWT) levels and transmit the effluent into a receiving water. A total phosphorus level of 0.2 rog/! must be met at the discharge point from the man-made wetland. This concentration is quite Iow, and most wetlands do not provide a significant degree of phosphorus removal. An exemption can be granted for this concentration ifthe receiving water is not phosphorous limited. Treatment ofphospborus to 0.5 mg,/1 might be required before the effluent is applied to the man-made wetland to meet this criterion. 3.3.5 Reuse At a minimum, advanced secondary treatment (AST) and high level disird'ection must be provided depending upon the final use ofthc effluent and the treated water must be reused in order to be Camp Dresser & McKee cet~t~n m~a~ 3-7 classified as a reuse project. The term, "reuse" is ~urther defined as the deliberate application of' reclaimed water for a beneficial purpose including landscape and agricultural irrigation, aesthetic uses, groundwater recharge, environmental enhancement, and fire protection. Under 62-610, Pan III FAC, additional design and operational regulations applicable to unrestricted public access projects are given. Facilities supplying reclaimed water to unrestricted public access sites ate required to have a flow of'greater than 0.1 mgd. The goal of'this limitation was to reduce the use of'package plants which are prone to poor performance as reuse facilities. Facilities which provide effluent for urban reuse and agricultural reuse food crops ate required to provide filtration and chemical coagulation processes for TSS control. FDEP requires that a minimum horizontal separation of 3 feet (outside to outside) be maintained between reclaimed water lines and either potable water mains or force mains. All piping,, pipelines, valves and outlets shall be color coded or otherwise marked to differentiate reclaimed water facilities fi'ora other facilities. A cross connection control program for sites receiving reclaimed water is also required. The use of'reclaimed water shall be controlled by a formal agreement with the municipality and the receiver of the reclaimed water and/or by a local reuse ordinance. Non-irrigation uses of' reclaimed water are also allowed under Rule 62-610. Specifically, reclaimed water may be used for toilet flushing in motels, hotels apanment buildings, ~nd condominiums where guests do not have access to the plumbing system for repairs or modification; fire protection where hydrants ate color coded, have tamperproot' hold down nuts and can only be operated with a special wrench; and aesthetic purposes such as decorative fountains, ponds, lagoons, and pool. Rule 62-610 also allows for unspecified aesthetic use of reclaimed water. The level of treatment for reuse of'effluent by slow-rate land application systems to public access area.s, residential irrigation, and edible crops is defined in FAC 62-610.460. Th~s regulation requires that the effluent receive secondary treatment and high level disint'ection prior to application. The Camp Dresser & McKee 3-8 00¢.201.D3 7~t 1,~7 Sec~n 3 Objectives and Goals 5 reclaimed water shall also not contain more than 5.0 mg/I of total suspended solids (TSS) before the application of the disinfectant. Seconda~ treatment is defined as achieving an effuent with less than 20 mg/L CBOD~ and 20 mg/L TSS, or 90 percent removal of'each of these pollutants from the wastewater in.quent, whichever is more stringent. High level disinfection ;hall include additional TSS control (to 5.0 rog/L) to maximize disinfection effectiveness and shall be designed to result in an effluent in which fecal coliform values are below detectible limits (per 100 mi of sample). In addition, a chlorine residual of at least 1.0 mg/L shall be maintained at all times and the minimum acceptable contact time shall be 15 minutes at the peak hourly flow. The treatment facility shall include continuous on-line monitoring for turbidity before the application of disinfectant and continuous on- line monitoring of chlorine residual at the compliance monitoring point. Substandard reclaimed water (reject water) shall be stored for subsequent retreatment unless an alternate means of disposal is available, such as deep well injection. In addition to the filtration required to achieve the 5.0 mg/L TSS standard, chemical feed facilities for coagulant, coagulant aids, or polyelectrolytes shall be provided. These chemical feed facilities may be idle if the TSS limitation is being achieved without chemical addition. Rule 62-40 contains the FDEP policies on water resources in Florida and establishes a cooperative relationship with the Water Management Districts on water resource issues. Under the general water policy provisions, reclaimed water is specifically identified as an integral part of water management programs. FDEP also encourages the use of water or'the lowest acceptable quality for the proposed intent. Under water use guidelines, it is stated that no water use permit shall be granted unless the applicant demonstrates a reasonable-beneficial use for that water. Under Rule 62-40 guldelines, a review of the availability of reclaimed water is required prior to the issuance or renewal of a water use permit. FDEP and SFWMD encourage reusing the treated effluent produced at wastewater treatment facilities to provide some benefit and decrease surface water discharge. The treatment and Camp Dresser & McKee 3-9 GOL201.O~ 7/'1 t,~T 120 5 0~ a~ ~ disinfection level varies with the end use of the product. Several of the more common uses for the reclaimed effluent are identified below. 3.3.6 Golf Course and Urban Reuse A minimum of Class I rdiability is required for urban reuse facilities, and the system must demonstrate the ability to retain and retreat or dispose of reclaimed water not meeting water quality criteria. If storage is used to retain substanda~! reclaimed water, FDEP specified a lined pond with a minimum capacity of one day at annual average daily flow. A facility may be exempt fi'om the upset storage requirement if it were demonstrated that a permittable alternative means of disposal is available. Regarding reuse site considerations, installations such as golf courses, parks, etc. must post signs advising the public that reclaimed water is being used. In order to accomplish residential reuse, Rule 62-610 does not require a buffer zone around private swimming pools, hot mbs, spas or surf'ace waters in developed areas; however, there is a 100-foot buffer zone and low trajectory nozzle requirement around public eating, drinking and bathing facilities. A 7S-foot buffer zone is required for shallow potable wells under Rule 62-610; however, to comply with this stipulation, a local ordinance prohibiting private drinking water supply wells in residential areas which receive reclaimed water service may be enacted. Monitoring wells are required throughout the urban reuse area. 3.3. 7 Agricultural Reuse Agricultural reuse can he divided into two categories - restricted public access (i.e. grazing land) and irrigation of edible food crops. Depending upon the intended end use, the effluent quality varies. Camp Dresser & McKee ~10 C::CX~01 ~3 7~11~7 12C 5 06~s mhd Go~ · Restricted Public Access: These areas include sod farms, cattle grazing areas, forests, fodder crops areas, and other areas where public access is limited. The minimum treatment requirements in accordance with FAC 62-6 i 0.410 are secondary treatment with basic disinfection. · Irrigation of Edible Food Crops: Reclaimed water for this use must meet secondary treatment ,tquirements with high level disird'ection in accordance with FAC 62-610.460. In accordance with 62-610.475, direct irrigation contact of reclaimed water with edible crops that will be peeled, skinned, cooked or thermally processed is allowed. Irrigation o£edible crops that will not be peeled, skinned, cooked, or thermally processed before consumption is allowed it'indirect application that will preclude direct contact with thc reclaimed water is used. 3.3.8 Industrial Reuse Industrial reuse consists of' replacing potable water with reclaimed water in industrial applications. Most commonly, reclaimed water is used in cooling towers. The reclaimed water must usually be treated to advanced levels to be acceptable for use in cooling towers. Chemicals are often added to prevent biot'ouling of the towers. In addition, the disposal of the cooling tower blowdown, which often conta~s high levels ordissolved solids, must be considered. The use of reclaimed water for industrial reuse is governed under Chapter 62-610, FAC Part VII. 3.3.9 Weflfield Augmentation Wellfield augmentation draft regulations were published by the Florida Department of Environmental Protection on December 13, 1996. These rules were contained in revisions of Chapter 62-610, F.A.C. Reuse ot'Reclaimed Water and Land Application. These rules included significant revisions providing minimum requirements for well field augmentation. Further revisions of these regulations should be expected during the Phase II rulemaking process. Camp Dresser & McKee C0¢,.291,0~ 7/11,~7 $ect/on 3 Ot~vos ar~t Goa/s Augmentation of a G-II groundwater with total dissolve solids less than 3000 mg/1 or augmentation of G-I or F-I groundwater requires fiJII treatment of the reclaimed water prior to injection. Full treatment requires the reclaimed water to meet the primary drinking water standards as the maximum sinqle sample limit and secondary drinking water standards as the maximum annual average limit. Primary standards must be met prior to injection, while secondary standards will be provided a zone of discharge in the groundwater aquifer and shall be met at the edge of this zone. If the native groundwater quality is lower than the secondary drinking water standards, an exemption may be requested up to native groundwater quality concentrations. In addition to these standards, additional water quality standards are required and summarized below. · Total organic carbon (TOC) less than 3.0 mg/l · Total organic halogen (TOX) less than 0.3 rog/! · Treatment processes which serve as a multiple barrier for control of organics and pathogens Pilot testing for a minimum of one year must be conducted to affirmatively demonstrate that the proposed treatment processes will protect the public health. During the pilot test evaluation of specific viruses and pathogens must be conducted to demonstrate the injected water will be pathogen free. The applicant must submit to FDEP the results of the biological testing procedures and approval by the department must be granted. 3.3.10 Wet Weather Management Rules Managing and allocating reclaimed water supplies may be significantly different from the management of traditional sources of water. For example, a water utility currently drawing from groundwater or surface impoundments uses the resource as a source and storage facility. If all of the yield of the source is not required, the water is simply left for use at a later date. In the case of reuse, reclaimed water is continuously generated and what cannot be used immediately must be stored or disposed of in some manner. Additionally, FAC 62-610.414 requires that, unless an alternative disposal method is Camp Dresser & McKee Objec~ve~ end Gods available, adequate storage be provided to retain excess reclaimed water for a 10-year recurrence interval using weather data representative of the area involved. The need for seasonal storage in reclaimed water programs generally results from one oftwo requirements. First, storage may be required during periods of Iow demand for subsequent use during pe,~c demand periods. Second, storage may be required to reduce or eliminate the discharge of excess reclaimed water into surface water or groundwater. These two needs for storage are not mutually exclusive, but diff`erent parameters are considered in developing an appropriate design for each. Ifstorage only is used as a means ofwet weather management, then an emergency surface water discharge point still must be provided in the event that the design storage recurrence interval is exceeded. Aquifer Storage and Recovery (ASR) on long-term basis can provide essential storage capacity of reclaimed water for later recovery during peak demands and drought conditions. The criteria for ASR varies depending upon the quality of the groundwater in the receiving aquifer and that of the injected water. Because the ASR practice involves the use of an injection well, the project must be approved and permitted by the FDEP under Chapter 62-528 FAC under the criteria for a Class V ASR injection well. Permitting of the Class V injection well will be reviewed because the injection will be into an Underground Storage of Dfinlcing Water (USDW). USDW is generally defined as an aquifer or part of an aquifer in which the native groundwater has a total dissolved solids (TDS) content orless than 10,000 milligrams per liter. Ifthe injected fluid (reclaimed water) violates any federal/state priman7 or secondary drinking water standards or may adversely affect the public health, the application would require an aquifer exemption. For injection into groundwater with 'IDS ranging from 3.000 to 10,000 rog/l, the exemption is classified as "minor" and will be processed by the Tallahassee office of the FDEP. The aquifer exemption changes the designated use of the aquifer or portion there of from that ora USDW. Camp Dresser & McKee cot~.aa 7.~7 3-15 5 Sec~on 3 Ifthe injected fluid will only cause a violation of a minimum criteria~ then a water-quality criteria exemption would be required. Unlike the aquifer exemption which requires FDEP end EPA approval, the water-quality exemption criteria only requires FDEP approval. The degree of treatment for the reclaimed water is therefore an important element in the permitting process. The identification of,, suitable aquifer (or part of an aquifer) for ASR is the next most important element once the water- quality characteristics of the reclaimed water are determined. 3.3.11 Existing Permit Requirements The minimum treatment requirements for treatment facilities are based to a large extent upon the intended disposal method for the effluent end residuals generated by the treatment facility. Operation permits establish effluent limitations for treatment facilities. Florida Department of Environmental Protection (TD£P) permit FLA01413$ allows operation ofthe South County Regional Wastewater Treatment Plant (SCRWWTP). The SCRWWTP is permitted to treat $ mgd with discharge to at regional reuse system. Residuals are dewatered end disposed of in the landfill. FDEP permit FLA014133 allows operation of the Pelican Bay wW'rF with an average annual treatment capacity of 1.0 mgd with reuse for effluent disposal end land application of residuals. FDEP permit FLA014139 allows opcralion of thc North County Regional W~',stewater Treatment Plant (NCRWWTP) with a treatment capacity of 8.$ msd with reuse for effluent disposal. Effluent limits are provided on Table 3-I. Additional permit requirements are summarized below: · submit a monthly operations report 0VIOR) · submit quarterly residuals report · submit results of groundwater monitoring program Camp Dresser & McKee 3-14 TABLE 3-1 COLLIER COUNTY 201 FACILITIES PLAN UPDATE PERMI~D EFFLUENT LIMITS Annua~ ~tverage Monthly average Monthly maximum Single s~mple 200 fecal coliform values per 10Oral sample 200 <10% above 400 $00 fecal coliform values per 100mi Monthly Single Sample 75% of samples below detection limit 25 fecal colit'orm values per 100ml sample Annual average Monthly average Weekly average Single Sample 20 mg/I 30 rog/! 4S ms/i 60 rog/! (5.0 mg/! for TSS for reuse) Single Sample 6.0 - 8.5 Single Sample Single Sample 1.0 mg/I (for reuse) 12.0 rog/1 (for percolation ponds) Camp Dresser & McKee CCX.,2~ 1 .O~ T.J~LE~.~I 3-15 Sec~en 3 Objec~; w~d Goa/s 3.4 Residuals Disposal 3.4.1 State of Florida Requirements The requirements or' Florida's Chapter 62-640 Domestic Wastm,vstcr Res{dual rule apply to sludge whi:h is land-applied or distributed and marketed. Dome~ic wastewater residuals shall not be applied to any land application site unless a plan for the intended use is approved in a currently valid construction or operating permit for the treatment facility. The wastewater treatment facility permittee shall be responsible for proper disposal of its domestic wastewater residuals. The pumittee may enter into an agreement with a disposer (hauler, contractor, or disposal/land applieation site owner) which states that the disposer agrees to comply with the requirements of'the wastewater treatment facility permit. The permittee must demonstrate that residuals delivered to the disposer meet the chemical criteria and stabiliz&tion requirements. All domestic wastewatcr residuals applied to the land must be treated to one of the following classes of stabilization: 3.4.1.1 Class A These standards will be met if the method of stabilization meets the Process to Further Reduce Pathogens (PFRP) conditions as described in Title 40, Code of Federal Regulations, Part 257. By reference, those processes include composting, heat drying, heat treatment, thermophillc aerobic digestion, and other processes which may achieve equivalent pathogen reduction and vector attraction reduction such u alkaline stabilization. Camp Dresser & McKee 3-16 C:X~X~OIJ~ :1.2C 5 Sec~on 3 Objec~w= md Go~= 3.4. f.2 Class B These standards will be achieved it'the stabilization process meets the Process to Significantly Reduce Pathogens (PSRP) as described in the same federal regulations referenced above. Included in these processes are aerobic digestion/air dryln~, anaerobic digestion/air d~jin~, compostlns, and lime stabilization. Process requirements for detention times, temperatures, volatile solids reduction, or pH are included in the regulations. Ir'the stabilization method is identified as PSRP, but the design or operational requirements of the regulations are not met, then the stabilization will be Class B. ReFerence is made to Ten State Standards in thc rule to establish a minimum level of treatment acceptable. The rule provides t'or restrictions on the application site management practices according to the class of stabilization achieved in the processing of'the residuals. Table 3-2 summarizes the site restrictions by stabilization class. The land application ofwastewater residuals is restricted by the total cumulative heavy metals application and by the concentration of'heavy metals in the residuals. In order for a disposal site to continue to receive wastewatcr residuals, the total application cannot exceed the cumulative limits identified in Table 3-3, Similarly, in order to be land applied, the concentration of heavy metals in a wastewater residual cannot exceed the concentrations in Table 3-3. 3.4.1.3 Application Sites Three types of sites are recognized as suitable for land application of residuals. Agricultural sites are limited to the agronomic nitrogen uptake rate for the specific crop being grown on the site. Cadmium is limited to 0.5 pounds per acre-year. Groundwater must be at least 2 feet below the ground surface at the time of application. Ounp Dresser & McKee 3-17 cxx.2ol~a ?tt 1~7 TABLE 3-2 COLLIER COUNTY 201 FACILITIES PLAN UPDATE FDEP SITE RESTRICTIONS UPON RESIDUALS APPLICATION BASED ON STABILIZATION CLASS Class A Class B Class C Public Access NR 12 mo. 2 mo. Root crops & vegt~ables which touch soil NR 1 $ mo. 1 g mo. Hay/pasture NE. 30 days 30 days which do not touch soil ~ 30 days 30 days ,C~nce NR 300 fL 500 fl. Reference: Florida Administrative Code 62-640 NR - No Restrictions on time delay Camp Dresser & McKce ~ TJ4~L~3n~ 7H 1~7 5 TABLE 3-3 COLLIEK COUNTY :201 FACILITIES PLAN UPDATE RESff)UALS APPLICATION FDEP CUMULATIVE LOADING LIMITS FOR HEAVY METALS C~mlum Copper ----=--- Lead Nickel Zinc Cumulative Loading Unit Ib~/acre 4.4 125 5OO 125 250 Reference: Florida Administrative Code 62-640 Application Concent~tion Limit < 3,000 1,500 50O 10,000 Camp Dresser & MeKee ~ TAm.~.e4 7fl intended to be equivalent to PFRP (Process to Further Reduce Pathogens) standards. Class B is similar to PSRP (Process to Significantly Reduce Pathogens) standards. For Class A Pathogen reduction, EPA allows any one of six alternative methods to be used. All methods require testing for indicator bacteria (fecal coliform) or salmonella. This requirement is coupled with either time and temperature requirements, pH requirements, enteric virus or belminth ova determination for "low pathogen" sludge, enteric virus or helminth ova determlnalion for typical sludge, PFRP, or PFRP equivalent. The Pan 503 rule contains options for demonstrating reduced vector attraction for biosolids. These requirements are designed to either reduce the attractiveness of biosolids to vectors or prevent vectors from coming in contact with the biosolids. The attractiveness ofbiosollds may be reduced by decreasing the volatile solids, providing additional anaerobic or aerobic digestion, changing the characteristic: of the aerobic digestion process, alkali addition, and drying biosolids to a specific percent solids. Preventing vectors from coming into contact with biosolids may be achieved by injecting the biosollds beneath the soil surface or incorporation into the soil soon after placement, or covering the biosolids daily. Co-disposal of sludge with solid waste in a landfill is regulated under 40 CFR~ Part 258, Criteria for Municipal Solid Waste Landfills. This law sets forth criteria for the location, design, operation, cleanup and closure of municipal solid waste landfills. These regulations axe considered minimum criteria and can be made more stringent on a state or local level. EPA requires submission of an annual residuals report to document the quantity, quality and disposal method ofwastewater residuals. In addition, Chapter 62-640 F.A.C. includes requirements for sludge which is land-applied or distributed and marketed. The rule includes standards for Class A and Class B stabilization, restrictions on application site management practices and restrictions on cumulative Camp Dresser & McKce cc~ ~n~r ~-~2 12C 5 Obje~:~es snd metals application and metals concentrations. FDEP requires residuals analysis and agricultural use pl~n depending on the method of'residual disposal. 3.5 Permitting Requirements and Considerations Numerous permits are required to construct and operate the system in accordance with federal, ~d~te and local regulations. The following list identifies the anticipated permits required for improvements to the wastewater system. 3.5.1 Federal · NPDES for Sludge Disposal - EPA · Stormwater National Pollution Discharge Elimination System (NPDES) - EPA · Nationwide Dredge and Fill - Corps of Engineers 3.5.2 State of Florida · NPDES for Wastewater Treatment, Reuse & Disposal (Construction & Operation) - FDEP · Water Supply/Exlension - HRS · Wastewater Construction of Collection/Transmission Facilities - FDEP · Wastewater Operation of Treatment, Collection/Transmission, Reuse and Disposal Facilities - · Dredge and Fill of State Waters/Wetlands. FDEP/SFWMD · Management and Storage of Surface Waters - SFWMD/FDEP · Right-of-Way Use Permit o State of Florida Department of Transportation Camp Dresser & McKee co.2m za 7nia2 3-23 Sectioe3 Objeca~s end Gods 3.5.3 Collier County · Site Development Plan · L~d Use approval as conditional use or Essential Services Facility · Right-of-Way Use Permit · 9fiveway Permit · Tree Clewing Permit/Vegetative Removal Permit · Excavation Permit Several of'these permits will talce considerable time and effort to obtain. It is those which have impact to both project design and schedule that are delineated in more detail as follows. 3.5.4 NPDES Permitting Ea :h wastewater treatment facility must have an NPDES permit in order to discharge effluent to surface waters. Existing NPDES permits must be updated to reflect any changes in treatment plant capacity or treatment processes. In addition to the discharge permit required for each treatment facility, two general NPDES permits are required: one for construction activity and one for the discharge ofstormwater fi.om the site. The construction permit is intended to minimize surface water impacts resulting fi.om construction activities. The stormwater discharge permit is intended to minimize the impacts ofstormwater management systems at the treatment facilities on surface water quality. This issue will be addressed during the treatment plant improvement/design phase. In 1992, EPA amended their surface water pollution control program under the amendments or'the Clean Water Act (33 U.S.C. 1251 et. seq.) to require NPDES permits for discharges of'stormwater fi.om construction sites which are greater then five acres in size. The State of'Florida has certified nationwide general permit for stormwater discharges fi.om construction sites (September 9, 1992, Camp Dresser & McKee (::OL201,0~ 7~11,~7 3-24 12C 5 Sect~n 3 Federal Register) for use in Florida. The responsibility for the NPDES permitting has been deieg,~ted by EPA to the State of Florida. As part of this program, any activities which may effect stormwater runoffmust be covered under a Notice of Intent (NOI) for stormwater discharge. A copy of the NOI and a brief description of the project shall be posted at the construction site in a prominent place for public viewing. Once the cot~ruction activities are completed, a Notice of Terrnination (NOT) must be filed. The NOT form should be filed at the completion ofcach aspect ofthe project. In addition to completing the NOI and NOT, a pollution prevention plan to reduce pollution at construction sites is required. This plan may include erosion and sedimentation controls, inspection and maintenance, and other commonly used stormwater management controls. It is important to apply for permit modifications as soon as there is concurrence with the modification approach and effluent management system. The permit for the operation ora stormwater system should be filed once the treatment plant design has proceeded to the point of being able to identify sto~Tnwater impacts. The construction permit application should be filed by the contractor once construction contracts are awarded and will contain measures that the contractor will follow to minimize surface water impacts. On May 1, 1995, the USEPA turned over their NPDES wastewater permitting for Florida to FDEP for administration and enforcement. The state anticipates taking over the NPDES stormwater program in 1999-2000. In general, the FDEP previously handled facilities under two distinct permits, specifically - construction and operation. The method of disposal, i.e. surface water discharge, reuse, were usually defined in the FDEP permit for the facility. The USEPA required a separate additional permit under their NPDES program for surface water discharges. ~ -- ' . These changes apply only to the plant facilities and their respective discharges, not collection/transmission system permits. Camp Dresser & McKee ~ 7n1~7 3-25 Secgon 3 Objective, and Coals A summary of major changes is provided below. · ~ - There will be an annual fee required to maintain a surface water and underground injection discharge permit. This will apply to all types of.permits and industry ,~wastewater, water, etc.). Assessments are based on the sLze of'facility with credits for level of. reuse applications. Annual assessments are due by January 15 ofeach year. The fees are charged per permitted facility. There is supposedly no late payment. Non-payment can potential[y result in enforcement, permit revocation, and non-renewal. .Q~ - There are no longer three separate permits for treatment facilities - NPDES, FDEP Construction, and FDEP Operation. With the new process, there is only one comprehensive permit issued by FE)EP. FDEP issues a letter of'approval for construction prior to the issuance of' the permit for new facilities and modification of'the operating permit for construction modifications to existing facilities. FDEP has stated that construction for surface water dischargers are prohibited without the permit issued. New permitting forms (General and Form 2A for typical Domestic WWTP) have been issued which emulate the former EPA NPDES application forms and the former FDEP construction and operation application forms. The required application time is a minimum of. 180 days prior to renewal or discharge activity fi.om new/modified facility. Various reports are required depending on the application type and surface water discharges are required two public notices. .~ - Ifa facility has a current FDEP operating permit and NPDES permit, then the permits will be combined as one permit by letter from FDEP. The more recent of the two expiration dates will become the combined permit expiration date. Camp Dresser & McKee ccx.~tm ?,~az 3-26 12C ,Sec:~bn 3 Objectivea an~ · There are no more Temporary Operating Permits, instead FDEP will reissue the former TOP format under an Administrative Order. 5 'l%ere are no longer 'default' issued permits. IfFDEP exceeds their applications time clock, then the applicant can file for relief'through filing a 'Writ' to the circuit court; however, the court can only direct the FDEP to make a decision (which could be to deny). Application fees have been changed or in~easeJ depending on how the application is defined in 62- 4. Minor revisions and substantial revisions (and associated fees) have been further defined. For example, ifa permittee wants to add a reuse site to their existing permit, it will require $5,000 substantial modification fee because it's considered an expansion of'permitted reuse capacity. Combining modifications/revisions will save the permittee money since tees are assessed on one application not as a total of applicable fees. Permitting for wastewatcr residuals has not yet been delegated to FDEP and still must be permitted through the EPA NPDES program as well as FDEP. 3.5.5 FDEP Collection and Transmission Construction Permit An FDEP construction permit will be required for any new collection and transmission system. While this permit cannot be obtained by a design report and requires plans and specifications, a design report should be filed with FDEP to allow early review of'the design criteria. Chapter 624504, F.A.C. establishes requirements for collection systems and transmission facilities. The rule established permitting procedures, provides design and performance requirements for pump stations and waterway crossings and includes the following: Camp Dresser & McKee eo~.~l~a 2n~? 3-27 12C 5 Se~n 3 Objec~,e~ ~m~ C,~/~ · protdbits the release of excreta, sewage or other waste'water or sludge without providing proper treatment · prohibits the intentionaJ introduction o['stormwater into a collection/transmission system · prohibits thc acceptance ofwastewatcr which ha~ not received necessary pretreatment or which contain pollutants that may cause fire or explosion, excessive corrosion, obstruction of flow or increased discharge temperatures · prohibits failure to maintain equipment in a condition which will enable the intended function · requires notification when abnormal events such as equipment breakdown, power outages or destruction by fire, wind or other cause, results in disposal of inadequately treated waste. 3. 5. 6 Dredge and FilI/MSSW Permitting. Army Corps of Engineers/FDEP The proposed facilities may impact isolated wetlands on the site and along the transmission mute. These herbaceous systems will be impacted primarily due to canal or wetland crossings ofthe transmission and effluent disposal system and wastewater treatment plant construction and/or expansion. Both dredge and fill and MSSW permitting are now the responsibility of FDEP for wastewater treatment facilities. Since FDEP has not been in the role ofpermitting many on site stormwater treatment systems or isolated wetland impacts, this application process may take time. 3.5.7 Planning and Zoning Collier County has adopted ordinances restricting the type of construction in each land use zone. The construction of'pump stations and wastewater treatment facilities may require a special exception to be plac~ in a residential area. For properly with land use consistent for the proposed facility, the use will be approved as a conditional use. New facilities will require the designation oran essential services facility. Any facility extending greater than 30-inches above ground elevation will be required to meet Camp Dresser & McKee ccx.~s ~ ?ni~7 ~-28 12C Sec~on 3 county set-back requirements. Excavation pein'fits are required for any excavation 2-feet deep or IFe~ter. Special exceptions are granted by the following general procedure: 1. Obtain legal description of property. 2. Obtain the names of property owners surrounding the proposed property. 3. Develop preliminary site plans. 4. Submit special exception application. 5. Attend Public Hearing for site(s). 6. Obtain approval. This procedure allows for public input regarding the location and site layout of the pumping facilities and wastewater treatment facilities and can, therefore, be extensive. Camp Dresser & McKee COL201.0~ 7nI~7 3-29 12C Section 4 Environmental Inventory The ex~sting environmental conditions for Collier County are described to provide a b~is for impact analysis of the wastewater treatment and e~uent disposal aitem~tives. These envlmnmental conditions include only the study area and are based upon ird'ormation from the County regarding know~ sreas of concern as well as informstion fi.om permitting agencies. Major portions of this section have been repeated from the original 201 Facilities Plan (May 1978) and subsequent updates dated May 1986 and Sune 1996. 4.1 Topography Collier County can be divided into three physiographic regions: flatland, the Big Cypress Swamp, and the coastal barrier islands. In the coastal regions, the elevstions vary between sea level to approximately 9 feet mean sea level (MSL). In the flatland, which .are generally located west of U.S. Highway 41, the elevations vary between 9 feet and 15 feet msi. The flatland are dominated by the Immokales and the Arzell soils. These soils are poorly drained and the land surface is interspersed with numerous neutral calcareous sloughs and swamps. The coastal island regions are dominated by mangrove swamps. Often between the mangrove swamps and freshwater marshes, narrow zones oftldal salt marshes are found. Many drainage canals serve to drain the land surface ofthe planning area. The major drainage basins are the Cocohatchee River in the northwest and the Golden Gate Canal network and Gordon River. 4.2 Geology The hydrogeology of Collier County has been revealed through a number of investigations originated by the U.S. Geological Survey, the South Florida Water Management District, academic research, Camp Dresser & McKee (x~.~os ~4 ?n4~? 4-1 ~4 and by various consultants. The terminology used con.t'orms to that given in Florida Geological Survey Publication 28 and Bulletin Number :59. The following is a bfiffdescfiption of'the geologic formations and ~uirers encountered beneath Collier County. They are described from youngest to oldest. The reader is referred to Figures 4-1 and 4-2 to obtain geologic ages and lithologie descriptions of'the formations. 4.2.1 Pamlico Sand The uppermost formation encountered in Collier County is the Pamlico Sand. The unit is generally less than 5 feet thick. This surfieial, Pleistocene-age deposit occurs throughout most or' South Florida. It is predominantly medium to fine grain quartz sand with varying amounts of shell, detritsl clays and organic constituents. These sediments are commonly clayey and the development of'soil orizons within the unit is common. Permeability is generally medium to low depending on the quantity of' secondary constituents. 4.2.2 Fort ThompsorVT'amiami Fonna#on The Fort Thompson Formation consists of'six feet of alternating fresh-water, marine, and brackish- water marls, limestones, shell beds and sand at the type locality on the C, aloosahatchee River, near LaBelle (Parker and others, 1955). In Collier County, the Fort Thompson consists chiefly of hard, sandy limestone and calcareous sandstone containing pockets of quartz sand and thin beds of dense, hard fresh-water limestone. The Tamiami Formation is below the Fort Thompson Formation and often includes three distinct member units. These member units in order of increasing depth are the Pinecrest Limestone, the Bonita Springs Marl and the Ochopee Limestone. Camp Dresser & McKee 4-2 COl~Ot ~4 7H4~7 12C 5 I00 -- 200 -- 300 -- 400-. 500 -- 600-U 800-- 900 --4 1000--~ 1100-- 1200 - 1300 -- 1400 -- SERIES FORMATION ~%oc%°e ~ o~' E~ SAN0 J~ SANDSTONE []CLAY / MARL AOUIFER T SYSTEM LITHOLOGY Water Tab Surf it%al Tam%ami System Cloy 4~ mid, I~ ~e~ee~;ll~ i I~gh~ g?Oy.hord ~eemcoblll~ Lower ! ?ellowlsh gray, Hawthorn .te~edded ] Confining pate O~ngo Beds Sandstone Confining Beds Informed%ah Hawthorn Aquifer Zone 1 System C°nfininglB%ds to me~tum SUWQ hi"lie hard, rnlert~edded Confining ~nd cone Beds '"~' Ocala / te medium AVO~ Park Florldan Aquifer System J~:~JLIM£STONE & MARL ~ LII,4ESTON[ DOLOMITL' Camp Dresser 4c McKee COLLIER COUNTY 201 FACILITIES PLAN UPDATE GENERALIZED HYDROGEOLOGY BENEATH WESTERN COLLIER COUNTY FIGURE NO 4-1 5 0 1 O0 200 400 ~OO 700 800 ~ 300 1400 1500 SOUTH Woler-Toble ~ U .,a NORTH .~...~ i.aw A¥ofl Pork Aqulfer Horz. SCQI4 0 2 4, MIIII Camp Dresser dc McKee ,A:~n ~ng, bew~ Mc. · COLLIER COUNTY 201 FAClUTIES PLAN UPDATE NORTH - SOUTH CROSS SECTION SHOWING THE RELATIVE POSITIONS OF THE AQUIFERS IN WESTERN COLLIER COUNTY FIGURE NO 4-2 5 The formal name, Pinecrest Sand Member, of'the Tamiami Formation, was introduced by Hunter (1968) to name late-to-middle Pliocene shelly sands in Monroe, eastern Collier, Glades, and southern Higldands counties. According to Meeder (1979), Pliocene reefal limestones of Collier and southern Lee County are facies equivalent with the Pinecrest Sand Member, and in this report are referred to as the Pinecrest Limestone Member, of the Tamiami Formation. The undifferentiated Fort Thompson Formation and Pinecrest Limestone lle unconformably beneath the Parnlico Sand when it is present. It consists of,sandy, highly fossilif'erous limestones containing varying quantities of mollusk shells, corals, bryozoans and barnacles. It is characterized by abrupt changes in thickness and lithology and often has a high permeability caused by the secondary dissolution o£aragonitic shell. This secondary dissolution of'shell creates an abundance of mold and cast type porosity which greatly enhances the storage and flow of water through the formation. The sequence of'green to gray marls lies between the Pinecrest and Ochopee Limestone Members, of the Tamiami Formation. This unit is referred to in this report as the Bonita Springs Marl Member, of the Tamiami Formation. The Bonita Springs Marl is actually a sandy, sometimes shelly, carbonate clay. The amount of fine grained quartz silt and sand varies from 10 to 30 percent. Other impurities include poorly lithified siltstone, phosphate sand and fossil shells. The overall thickness of'the deposit is variable. Permeability of'this unit varies based on the relative percentages ofclay, quartz sand and shell. In general, the permeability of'the sediment is Iow and declines with depth because ora decrease in the percentage of sand and other impurities. The Bonita Springs Marl is absent in the southern pan of the country. The Ochopee Limestone Member, of'the Tamiami Formation, was named by Mansfield (i 939) for the light gray-to-white sandy fossiliferous limestone which crops out near the town of Ochopee, in Collier County (Hunter, 1968). Lithologically, the Ochopee is a sandy biomicTudite with extensive primary and secondary porosity. The dissolution of shell material, creating large interconnection shell molds, accounts for the high permeability of this unit. Camp Dresser & McKee C~.201 ,G4 7~J 4,'g7 4-3 4.2.3 Hawthorn Group 5 The Hawthorn Group lies unco~ormably beneath the Tamiami Formation. The Hawthorn Group is regionally ex~ensive and underlies most of Florida and parts of Georgia and South Carolina. The Ha vthorn Group includes both carbonate and siliclclastic rock and sediment that are Miocene in age. The top of the Hawthorn Group occurs at a depth ofabout 100 feet below land surface and extends down to a depth of about 700 to 900 feet below land surface. Beneath Collier County the Hawthorn Group contains two regional formations; the Peace River and Arcadia Formations. The upper formation of the Hawthorn Group is the Peace River, which is a phosphatic green sandy dolosilt containing a sandy limestone section. This unit extends from 100 feet to 300 feet below land surface. Th(. Arcadia Formation occurs below the Peace River. The mixed carbonate and elastic assemblage is extremely complex, containing several lithologies including limestone, dolomite, lime mud and clay. Secondary components ofthls sequence include sandstone, phosphate and shell. The majority ofthe limestones are characterized lithologically ~s ~able biomicrite with interbedded fine lime mud. These limestones lack extensive secondary porosity. Some of the limestones are quite clean, very pale ora~nge in color and have moldic and vuggy porosity. 4.2.4 Suwannee Limestone The upper boundary of the Suwannee Limestone is marked by a change from the light gray, sandy, phosphatic limestones of the Hawthorn Group to a tan, phosphate free, calcarenitic limestone ofthe Suwannee Formation. The contact between the two formations is also charact~ by an abrupt attenuation of activity on natural gamma ray logs. Although the cont&ct be~een the Hawthorn Group and the Suwannee Limestone is uncon~'ormable throughout much of South Florida (Scott, 1988), in the study area the contact can be somewhat 8radational and is not always obvious in the field. Camp Dresser & McKee ~L~Ot .04 7N4,~7 4-4 ,12(: 5 Sec~on 4 Env/ronmental/nventt)O, The Suwanne¢ Limestone is composed of Oiigocene-age rocks r~nging from unlithified lime muds, to well-consolidated dolomites. The characteristic lithology of the Upper Suw~nnee Limestone is ,, very pale orange or light tan biomicrite to biosparite (packstone to grainstone) having a medium grained calc~renite texture. Typically, they are moderately indurated m'~d are composed of moderately to well sorted foraminifera, pellets, and abraded echinoderm and mollusk fragments. Porosity is mostly int¢.rgranular in the calcarenities and is relatively high in the Upper Suwannee Aquifer. The Lower Suwarmee Aquifer is composed ofinterbedded limestones ~nd c.~nate muds. Limestones in the lower unit are si~lar to those in the upper unit but typically contain more lime mud Md fine grained phosphatic clastic material. Rock types range from mudstones to packstones, and porosity is much reduced but variable in the Lower Suw~nnee Aquifer. This interbedded sequence shows elevated activity on gamma ray logs. The Suwannee is 350 to 400 feet thick in Collier County and occurs at a depth of about 750 to 900 feet. 4.2.50cala Group The contact between the Ocala group and the overlying Suwannee Limestone is marked by a change from the tan calcarenite limestones and interbedded clays of'the Lower Suwannee Limestone to the very pale orange, chalky coquinoid limestone of'the Ocala Group, accompanied by a slight reduction of'activity on ganu'na ray logs. The Ocala Group is an Upper Eocene-age unit composed primarily of light gray to beige micrites and biomicrites (mudstones to packstones). These limestones exhibit a broad range oftextural fabrics, ranging from very fine grained chalky muds to coquinea-like grainstones. The Ocala Group is characterized by an abundance of larger foraminifera tests, such as Qgr, L~ag~ sp., ~ sp. And ~ sp., sometimes comprising the entire rock. The Ocala was subdivided into three distinct units by Pud (1957) when it was elevated to Group status. These three formations are not readily apparent in the subsurface of Collier County. The top ofthe Ocala is encountered at a depth of about 1300 feet with a thickness of 250 to 300 feet. Camp Dresser & McKee 4.2.6 Avon Park Limestone ~4 Thc Middle Eocene age Avon Pa'k Lime consists oi'limestones, minor lime muds and dolomites. The litholog3, at the top or'the unit is generally very similar to the overlying white chalky limestones of'the Ocala Limestone. The bounda~-y between the two units is projected at about 1600 t'eet below land surface, based on a marked increase in activity on the gamma-ray geophysical log ora nearby oil test well. This increase in gamma-ray activity seems to be a fairly common feature at the top or'the Avon Park in wells drilled in Southwest Florida. Porosity in the Avon Park Limestone is extremely variable because or'variations in depositional textures, which range from mudstones to grainstones (Purl and Winston, 1974), degree ot'recrystallization or'the dolomite and degree of'secondary dissolution. Thickness or'the Avon Park Limestone ranges from 450 to over 700 t'eet beneath Southwest Florida. At this site, it is believed that approximately 650 t'eet of'limestones, muds and dolomites, of'the Avon Park Limestone, will be penetrated. 4.2. 70Idsmar Umestone The Lower Eocene age Oldsmar Limestone consists of limestones and dolomites in the upper half of the unit and primarily dolomites in the lower section. This formation was originally described by Applin and Applin (1944) as a biostratigraphic unit consisting of nonelastic rocks in peninsular and northern Florida. Chen (1965) believes that the Oldsmar has conformable relationships with the strata lying above and below the unit. He describes the formation as light brown to chalky white, rather pure, porous and fossiliferous limestone interbedded with dark brown, rather porous, fine to coarse crystalline, often saccharoid textured dolomite beds. Commonly existing within the Oldsmar Limestone in South Florida is what is referred to as the "Boulder Zone." The Boulder Zone represents intervals or'very high transmissivities and porosities that are present within the cavernous and fractured dolomites. The "Boulder Zone" term is Camp Dresser &: McKee CX~L~gt.04 7~4~7 4-6 ,].2C 5 Section 4 Envfronmental/nventory misleading because the zone contains no boulders but rather is an intricate network of rugs, fractures and caverns found in the lower saline part ofthe Floridan Aquifer (D~ucrling. 1983). The name was first used by drillers exploring for oil in South Florida in the early 1940's to describe a zone which reacts similar to drilling through alluvial boulders. Haberfeld (1991) states that the highly permeable Boulder Zone is recognized on geophysical logs by greatly enlarged hole sizes on the caliper log. exceedingly long sonic transit times, very low resistivity and changes on temperature and flowmeter logs. It h~ been suggested that the Boulder Zone consists of highly fractured dolomites and that cavities only develop a~er drill bit penetration (Hickey, 1990). The Boulder Zone in South Florida is usually highly developed and is somewhat predictable in its occurrence. It slowly pinches out to the north; fi.om about the Charlotte-Lee county line to not being present at all near the Sarasota-Charlotte county line. This thinning to the north probably results fi.om a iithologic facies change. The depth to this zone in Southwest Florida averages approximately 2500 feet below land surface whereas the depth to the Boulder Zone in Southeastern Florida averages about 3000 feet. 4.3 Soils Soils characteristics are an important consideration in the facility plarming process because they govern the type of development for which a particular area is best suited. In facilities planning, soil survey data defines the limits within which septic tank systems are acceptable, where urban and n~ral development can be anticipated, and the potential success of employing percolation ponds or land spreading as effluent disposal alternatives. Soils data can also be used in the selection of construction sites for wastewater transmission and treatment facilities. The soils of Collier County are predominantly fine sands low in organic matter. Soil depths vary from a few feet to 10 to 30 feet in the western portions of thc County. Most of the soils have good, rapid Camp Dresser & McKee co,..,-~'~.o4 7/.~.4,~? al~7 Sec/k~ 4 Env~'onmenlal/nven/ury internal drainage characteristics when dry; however, because of iow relief and a near surface ground water table, the soils have poor surface drainage. Many of the soils are acid near the surface but become alkaline in subsoils that overlie limestone. Listed in Table 4-1 are some ofthe more common western Collier County soils. Several soil types occur which are intertidal and flooded during high tides. These are: Cypress Swamp (Cf), Tidal Marsh (Ta), Mangrove Swamp (Mb), and Fresh Water Marsh (Fb). Arzell type soils are extensive in the west central portion of Collier County and east of Naples. Cypress Swamp, Fresh Water Marsh, Sunniland, and Blanton soils are interspersed as patches within the Arzell soils. The Coastal Beach soils are restricted to a narrow strip along the shoreline. Landward of the Coastal Beach soils in a strip west and north of Naples lie in Immokalee soils. Pompano soil borders Naples to the east. The Tidal Marshland Mangrove Swamps border Naples Bay and the salt water bays southeast of Naples and landward to Marco Island. Source: R.G. Marco, M.B., Swenson, G.A., Caldwell, R.E., Henderson, J.R., Olson, O.C., and Wilson, G.C., 1954, Soil Survey of Collier County: U.S. Soil Conservation Service, Series 1942, No. 8, 72 pp. 4.4 Hydrologic Setting 4.4. 1 Ground Water Systems The hydrogeology of Collier County has been investigated through a number of studies conducted by the U.S. Geological Survey, the South Florida Water Management District (SFWMD), academic institutions, and various consulting firms (Boggess et al., 1981, Knapp et al., 1986, and Missimer & A~sociates, 1983, 1986, 1988, and 1990). Three major aquifer systems have been identified in Collier County. They have been named, in descending order, the Surficial Aquifer System, the Intermediate Camp Dresser & McKee GGL201.04 7114~7 4~ TABLE 4-1 COLLIER COUNTY 201 FACILITIES PLAN UPDATE WESTERN COLLIER COUNTY SOILS AFTER LEIGHTY ET AL 0954) Soil Type (Abbreviation) Relief Coastal Beach (Cb) Immokalee Fine Sand 0a) St. Lucie Fine Sand (Ba) Gentle Sloping Level Low Ridges, Hummocks Blanton Fine Sand (Ba) Level to Gently Undulating Pompano Fine Sand (Pa) Level to Depressional Arzell Fine Sand (Aa) Level to Depressional Drainage Surface Internal Medium Slow Slow to Medium Rapid Rapid Above Water Table Rapid Slow to Medium Rapid Very Slow or Rapid When Above Ponded Water Table Very Slow or Ponded Rapid When Above Water Table Sunniland Fine Sand (Sc) Nearly Level Slow Medium to Slow Camp Dresser & McKee ~1 TA~.E4.01 Ifil lt~7 12C 5i Section 4 Environmental Inventory Aquifer System, and the Floridan Aquifer System. The aquifer systems are typically well separated and pumpage from one system usually does not significantly affect the others. The aquifers within each system are separated by confining beds, which generally do not provide complete hydraulic separation, but to yawing degrees, allow water to leak between the aquifers. The rate and direction at which leakage occurs depends on the vertical hydraulic conductivity of the confining unit and the potentiometric head differential between the adjacent aquifers, both natural and pumping induced. A schematic diagram showing the formations and lithologies present within each of the aquifer systems is provided in Figure 4-1. A north-south cross-section indicating the relative positions of the aquifers in western Collier County is included in Figure 4-2. Collier County is planning to use the Floridan Aquifer for potable supply with reverse osmosis treatment. 4.4.2 Surface Water Systems The primary surface water drainage features of Coastal Collier County are well established. Some of these features, ~uch as the Cocohatchee River, Gordon River, and Henderson Creek. are natural, while others, such as the Golden Gate Canal network and the Cocohatchee River Canal are man- made. The man-made drainage features tend to increase surface outflows from their drainage basins above the natural level. 4.4.3 Flood Prone Areas According to the U.S.G.S. maps, approximately 90 percent of the Coastal Collier County Planning Area is in the 100-year flood plain. Therefore, almost any additional development will be in the flood plain. Figure 4-3 depicts the 100-year flood within the 201 planning area. Camp Dresser & McKee CCa.~I.0,17r14t~? 4-10 i 29 $.R. 29 846) Ca'rip Dresser &. McKee COLLIER COUNTY 201 FACILITIES PLAN UPDATE 100 YEAR FLOOD PLAIN F'Igure No. 4-3 4.5 Climate Sec'6on 4 Envfronmente//nventory The temperature in the Naples area has averaged between 73 and 75 degrees Falu'enheit. In the winter months, the maximum temperature is usually in the 7O's or, occasionally, the lower gO's. Them ar-. days, however, when the temperature does not climb above the 50's or lower 60's. Summer temperatures average in the high 80's, but are usually onset by cooling breezes fi.om the Gul£ot' Mexico. The kind of' heat waves that plague northern cities (when the temperature hits ! 00 degrees or more for several days at a time) are unknown here. Precipitation in Collier County, although subject to fluctuation, does exhibit a sea.sonal variation with the wet period occurring fi'om about June through September in an average year. The bulk of'ralnf.all occurring in these months results fi.om short-duration afternoon or early evening showers, or thunderstorms which occur on about half'the summer days. These events usually lower temperatures 1(7' to 15° F very quickly. Thunderstorms are occasionally heavy, releasing as much as 3 inches of.r~n in an hour or two, and are sometimes accompa~ed by strong wind gusts, and hail, especially in springtime. Long-duration summer rains are usually associated with tropical storms and thus are in~equent. Dry period rainfall is usually associated with large-scale weather developments and thus does not display a tendency to occur at a particular time of day. Average rainfall is about $6 inches at Naples. Tropical storms or hurricanes pass through the county at irregular intervals. The chances of.hurricane force winds (75 mph or greater) occurring in Naples any given year is small. These events produce abundant rainfall. Accumulations of 13 inches or more over a 4-day period can be expected to occur once in 25 years. Shallow ground tog may occur in inland a~.as during winter and early spring. These togs usually dissipate soon sfter sunrise. Tornadoes have been reported within the county. Waterspouts are sometimes seen in local surf'ace waters. Camp Dresser & McKee ~.D4 7~14~7 4-11 4.6 Air Quality Due to the nature of Collier County's employment base being limited in industry, air quslity is considered good. Collier County is an attainment area for ail pollutants. The major source ofair pollution in the planning ~rea is automobile emissions. In addition to automobiles, there are a few ss~0halt and cement plants and incinerators which hold air pollution point source permits in and surrounding the Planning Area. The Florida Department of Environmental Protection (FDEP) maintains one air quality monitoring station (AQMS) in Collier County. The State identifies air quality standards for carbon monoxide, lead, nitrogen dioxide, ozone, paniculate matter and sulfur dioxide. Paniculate matter is the only parameter monitored for in Collier County. The State will monitor ozone when the County reaches a population of 200,000. P~.rticulate matter values recorded at the AQMS located at the County Courthouse indicate levels below the annual mean of 50 ppm and the 24--hour high of 150 ppm. (Table 4-2). Thus, the condition of air quality at this station is within State standards. There does appear to be an increasing trend with the 2-hour high values. No other data are available to indicate any problems. The site address used for measurement is 2501 Airport Road, which is in the East Naples Community District. Air quality considerations in the county must follow the requirements of the Florida Air and Water Pollution Control Act, Chapter 403, Florida Statutes, the Clean Air Act, Chapter 62-640 FAC, and 40 CFR Pan 503. Significant air pollution levels are not expel:ted in the foresee, able future. Future expansion efforts and siting ofwastewater treatment facilities will require consideration of odor abatement and odor control to maintain current air quality. Camp Dresser & McKe~ ccx..~ ~ ~4a~ 4-12 TABLE 4-2 COLLIER COUNTY 201 FACILITIES PLAN UPDATE (Source: Florida Department of Envirottmental Protection Data) YEAR ANNUAL MEAN 24-HOUR HIGH Air Quality Standard 50 150 1987 29 67 1988 27 54 1989 28 52 1990 32 73 1991 29 1992 1993 1994 3O 27 23 114 I08 117 121 Camp Dresser & McKee coc2u~ ~ 2n4~? 4-13 4.7 Existing Water Quality 4.7.1 Surface Waters The following requirements for minimum conditions are applicable to all surface waters within the territorial firnits ofthe State, at all places and at all times. All surface waters of the State shall at all times be fi'ce fi.om: I. Domestic, industrial, agricultural, or other man-induced nonthea-mal components of discharges which, alone or in combination with other substances or in combination with other components of discharges (whether thermal or non-thermal): a. Settle to form putrescent deposits otherwise create a nuisance; or b. Float as debris, scum, oil, or other matter in such amounts as to form nuisances; or c. Produce color, odor, taste, turbidity, or other conditions in such degree as to create a nuisance; or d. Are acutely toxic; or e. Are present in concentrations which are carcinogenic, mutagen~c, or teratogertic to human beings or to signi~cant, locally occurring, wildlife or aquatic species; or f. Pose a serious danger to the public health, safety, or welfare. o Thermal components of discharges which, alone or in combination with other discharges or components of discharges (whether thermal or non-thermal): a. Produce conditions so as to create a nuisance; or b. Do not comply with applicable provisions of Subsection 62-3.05(!), F.A.C. Camp Dresser & McKee (::(:X.201.04 7tt 4~t7 4-14 All surface waters of the Sate of Florida are classified as Class III - Recreation, Propagation and Maintenance ora Healthy, Well-Balanced Population offish and Wildlife except certaln waters described in Section 62-3.161, F.A.C. These exceptions have designated certain waters in Collier County as Class FI Waters and they are listed as follows: a~ Cocohatchee River. b. Connecting Waterways - Wiggins Pass south to Outer Doctors Bay. e. Dollar Bay. d. Inner and Outer Clam Bay. e. Inner and Outer Doctors Bay. f. Little Hickory Bay. g. Naples Bay. h. Tidal Bays and Passes - Rookery Bay south and easterly through Ten Thousand Islands to Monroe County Line. I. Wiggins Pass. 4.7.2 Ground Waters In addition to the criteria establisbecl for surface waters as described in the previous sub-section of this report, the State has established criteria for the protection ofground water. The minimum criteria for the protection ofground water resources are as follows: All ground water shall at ali places and at all times be flee fi.om domestic, industrial, agricultural, or other man-induced non-thermal components of discharges in concentration which, alone or in combination with other substances, or components of discharges (whether thermal or non- thermal): a. Are harmful to plants, animals, or organisms that are native to the soil and respona'ble for treatment or stabilization of the discharge relied upon by Department permits; or Camp Dresser & McKee 4-15 12C b. Are carcinogenic, mutagenic, teratogenic, or toxic to human beings, unless speciHc criteria ar~ established for such components in 62-3.404; or c. Are acutely toxic to indigenous species ofsign~Hcance to the aquatic community within surface waters aff'ected by the ground water at the point o£contact with surface waters; or d. Pose a serious danger to the public health, safety, or weI£are; or e. Create or constitute a nuisance; or f.. Impair the reasonable and beneficial use of.adjacent waters. Coastal Collier County relies on ground water as the source of water f.or their water treatment plants. There are no large freshwater flowing streams or surface waZer impoundments which could serve as alternative sources of'water. Ground water quality must be protected for potable use. 4.8 Water Supply 4. 6'. 1 Coil~er County Regional Water System Collier County Utilities has historically been the primary water purveyor serving the western portion of the County through three water and sewer districts for primarily urban use. The largest of these districts is the County Water and Sewer District (CWS District). The two remaining districts are the Marco Island and Sewer District and the Goodland Water District. The water system obtains its water supply from the raw water wellfield located east of County Road 951 off'Pine Ridge Road. This well field provides raw water to the existing South Water Treatment Plant and to the newer North County Regional Water Treatment Plant. The South County Regional Water Treatment Plant uses a conventional lime-softening process, and the North County Regional Treatment Plant utilizes membrane softening technology. The County has designed and will construct an expansion of'thc Nonh County Regional Water Treatment Plant from the 12-mgd existing capacity Camp Dresser & McKee coc2o~.oa 7t~aa? 4-15 5 to a 20-mgd capacity. mgd. Sec~t~ 4 The South County Regional Water Treatment Plant is currently rated at 12 With the expansion of the North County Regional Water Treatment Plant and the raw water wellfieid, the groundwater supply will be from two primary sources: the Lower Tamiami Aquifer and the Hawthorne Group, or uppermost unit of the Floridan aquifer. The Floridan aquifer system underlies most of Collier County and is separated fi'om the intermediate aquifer' system by a confining layer of low permeability. The water quality from the Fioridan aquifer can be considered brackish and highly mineraiized. 4.9 Ecologically Important Areas In the facilities plarming process, ecologically important areas must be identified so that measures can be taken to prevent their disruption and to maintain their continuing biological role. Class II waters prc vide potential shellfish harvesting areas, while estuarine marshes, swamps, and grass beds are productive nursery, breeding, and feeding grounds for many marine species. It is the intent oftbe facilities ptanning process to provide abatement solutions to any existing pollution related problems in the ecologically important waters ofthe planning area. It is further the goal ofthe planning process to provide alternative wastewater treatment system designs which are environmentally compat~ie with the existing ecological setting so that the long-term productivity ofthe natural systems can be The enwionmentally sensitive and critical areas of the Coastal Collier County 201 Facilities Planning Area have been designated by interest groups and governmental agencies. These areas are listed in Table 4-3. Figure 4-4 shows their location in Collier County. The Big Cypress National Preserve and the Big Cypress Addition represent the largest conservation and protection areas in the County and when completed would consist of 44 percent of the County's Camp Dresser & McKce CCX.~I.0,4 7ri,Vi7 4-.1 ? 12u .5 TABLE 4-3 COLLIER COUNTY 201 FACILITIES PLAN UPDATE SUMMARY OF LANDS RESERVED FOR CONSERVATION AND PROTECTiO]~ (Source: Collier County Natural Re$ource~ Compilation of Various State and Federal Reports) DESIGNATION TOTAL ACREAGE Belle Meade 15,767 Big Cypress National Preserve 428,912 Big Cypress Addition i 46,130 Collier Seminole State Park 6,423 Cor. kscrew Regional Ecosystem Watershed 45,368 Corkscrew Swamp 10,560 Clam Bay Conservation Ea.~'ment 570 Deinor Wiggins Pass State Recreational Area Everglades National Park 40,228 F~.ahatchee Strand State Preserve 74,374 Florida Panther National Wildlife Reserve 29,410 Golden Gate Estates South 41,000 Lely Barefoot Beach Preserve 342 Rookery Bay National Estuarine Research Preserve 20,050 Ten Thou.~nd Islands National Wildlife Refuge 20,000 Camp Dres,~ & McKee CX:X.201.04 7rl4~7 4-18 12g 5 l..d I-- 0 r'~ Z Z 0 Z 0 land area (2,025 square miles). The Fakahatchee Strand State Preserve is also a large area reserved for conservation purposes and amounts to an additional 6 percent of the County's land area. These three areas, therefore, represent half of Collier County (Table 4-3). These ecologically fragile areas have in common a need for varying amounts of freshwater. Freshwater areas are vitally important to recharging the County's freshwater and groundwater systems. Estuarine areas are vitally important "nursery grounds" for many species ofmarine life, both sport and commercial. Collier County contains an assemblage ofecosystems that because of the variety and rarity of the species and animals present is unique in the United States. Rare and unique habitats within the County include Coastal dune and strand, xeric scrub and tropical hardwood hammocks. The most recent inventory of habitats and their distribution for Collier County is from the Florida Game and Freshwater Fish Commission. Satellite imagery taken on April 2, 1986, was used to estimate a variety of habitat types. Table 4-4 provides an inventory of these habitats as reported by the Florida Game and Freshwater Fish Commission. Up/and P/ant Communities Coastal Strand. Coastal strand occurs on well drained sandy soils and includes the typical zoned vesetation ofthe upper beach, nearby dunes, and coastal rock formations. Coastal strand generally occurs in a narrow band parallel to open waters of the Atlantic Ocean or Gulf of Mexico, and along the shores of some saline bays or sounds in both north and south Florida. This community occupies areas formed along high energy shorelines, and is influenced by wind, waves, and salt spray. Vegetation within this community typically consists of Iow growing vines, grasses, and herbaceous plants with very few small trees or large shrubs. Pioneer or early successional herbaceous vegetation characterizes the foredune and upper beach, while a gradual change to woody plant species occurs in more protected areas landward. Typical plant species include beach morning glory, railroad vine, sea Camp Dresser & McKee (::01.~31 .~4 7n4~7 4-19 12C 5 TABLE 4-4 COLLIER COUNTY 201 FACILITIES PLAN UPDATE HABITAT ACREAGE FOR COLLIER COUNTY HABITAT TYPE ACRES PERCENT Co~st~ St~nnd 47 0.00 Dry Prairie 29,769 2.18 Pinclan~. PFW 97,105 7.10 ×eric Oak Scrub 660 0.05 Mixcd ltatdwood P/nc Fo~,~ts 14,845 1.09 Hardwood Hammocks and Forc~a I 11,820 8.18 Trc~ Hardwood Hammock 867 0.06 SUBTOTAL 255,113 18.66 Cou~I Salt Marsh 26,192 1.91 Freshwat~. Manh a.nd We! Prairie 227,579 16.64 Cypress S~trnp 387,165 28.3 I Hardwood Swamp 52,606 3.85 Shrub Swamp i 8,287 1.34 Mangrove Swamp 85,776 6.27 SUBTOTAL 797,705 58.32 Oran W,,tcr 81.987 5.99 Or-~._dand 93,275 6.8.2 Shrub tnd Brushland 51,891 3.79 Exotic Plant Communities 560 0.04 Batnm 117,148 6.38 SUBTOTAL 232,974 ! 7.03 TOTAL 1,367,779 100.00 So~m:e: Florida Game and Fnnhwatcr Fish Commission, Plant Communith:s f~ Landsat Habi~a! Mapplns, 1989. Camp Dresser & McKee o:a.20~ ~ ?n ~ 4-20 £nvironmentat ~ oats, saw palmetto, spanish bayonet, yaupon holly, and wax myrtle. Sea grape, cocoplum, and other tropical species are also found in this land-cover type in south Florida. The coastal strand community only includes the zone of early successional vegetation that lies between the upper beach, and more higl-dy developed communities landward. Adjacent or contiguous community types such as xeric oak scrubs, pinelands, or hardwood forests were classified and mapped respectively. Dry Prairie. Dry prairies are large native grass and shrub lands that occur on flat terrain interspersed with scattered cypress domes and strands, bayheads, isolated freshwater marshes, and hardwood hammocks. TMs community is characterized by many species ofgrasses, sedges, herbs, and shrubs, including saw palmetto, fetterbush, staggerbush, tar flower, gallberry, wiregrass, carpet grasses, and various types of bluestem grasses. The largest areas of these treeless plains historically occurred just north of Lake Okeechobee and they were subject to fi'equent fires. Many orthese areas have been converted to improved pasture. In central and south Florida, palmetto prairies, which consist of former pine flatwoods where the overstory trees have been thinned or removed, are also included in this category. These sites contain scattered pines that cover less than 15 percent oran area. Pinelands. The pinelands category includes several more specific groups of north and south Florida pine flatwoods, south Florida pine rocklands, and reluctantly, commercial pine plantations. Pine flatwoods occur on flat sandy terrain where the overstory is characterized by Iongleaf pine, slash pine, or pond pine. Generally, flatwoods dominated by longleafpine occur on well drained sites, pond pine is found in poorly drained areas, and slash pine occupies intermediate or moderately moist areas. The understory and ground cover within these three communities are somewhat similar and include several common species such as saw palmetto, gallberry, wax myrtle, and a wide variety ofgrasses and herbs. Wiregrass and runner oak dominate Iongleafpine sites, fetterbush and bay trees are found in pond pine areas, while saw palmetto, galiberry, and rusty lyonla occupy slash pine flatwoods sites. Cypress domes, bayheads, titi swamps, and fi'eshwater marshes are commonly interspersed in isolated depressions throughout this community type, and fire is a major source of natural disturbance. An additional pine flatwoods forest type occurs in extreme south Florida on rocklands where the overs'tory is the south Florida variety of slash pine, and tropical hardwood species occur in the Camp Dresser & McKee cc~o~.o~ ?t~97 4-21 Sec~bn 4 En~ronn'~r~a/ understory. Scrubby flatwoods are another pineland type that occur on drier ridges, and on or near old coastal dunes. Longleafpine or slash pine dominate the overstory, while the ground cover is similar to the xeric oak scrub community. Commercial pine plantations are also reluctantly included in the pinelands association. This class includes predominately planted slash pine, although longleai'pine and Ioblolly pine tracts also may fall under this classification. Sand pine plantations, which have been planted on prepared sandhill sit~s in the north Florida panhandle, may also be included in this category. An acceptably accurate separation of areas consisting of densely stocked native flatwoods and areas consisting of less densely s'locked pine stands with a closed canopy was not consistently possible. SInd Pine Scrub. Sand pine scrub occurs on well-drained, sorted, sterile sands deposited along former shorelines and islands of'ancient seas. This xeric plant community is dominated by an overslory of.sand pine and has an underslory of myrtle oak, Chapman's oak, sand-live oak, and scrub holly. Ground cover is usually sparse to absent, especially in mature stands, and rosemary and lichens occur in some open areas. Sites within the Ocala National Forest which have an overslory of direct seeded sand pine, and an intact underslory of'characteristic xeric scrub oaks, are also included in this category. Fire is an important ecological management tool, and commonly results in even-aged stands within regenerated sites. The disldbution of'this community type is almost entirely restricted to within the slate of'Florida. Sandhill. Sandhill communities occur in areas of rolling terrain on deep, well-drained, white to yellow, sterile sands. This xeric community is dominated by an overslory of scattered Iongleaf pine, along with an underslory of turkey oak and bluejack oak. The park-like ground cover consists of various grasses and herbs, including wiregrass, partridge pea, beggars tick, milk pea, queen's delight, and others. Fire is an important factor in controlling hardwood competition and other aspects of sandhill ecology. Although many of these sites throughout the slate have been modified through the selective or severe cutting of Iongleaf pine, these areas are slill included in the sandhill category. Camp Dresser & McKee 4-22 CCX.201.04 7,'14~7 Sec.'on 4 Environmental Inventory Xeric Oak Scrub. Oak scrub is a hardwood community typically consisting of clumped patches ot' Iow growing oaks interspersed with bare areas of white sand. This community occurs on areas of deep, well-washed, sterile sands and it is the same understory complex of scrubby oaks and other ground cover species that occurs in the sand pine scrub community. This condition frequently occurs when the short time periods between severe fires results in the complete removal of sand pine as an o' ,erstory species. Also included in this category are sites within the Ocala National Forest which have been clearcut, and are sometimes dominated during the first one to five years by the xeric oak scrub association. The xeric oak scrub community is dominated by myrtle oak. Chapman's oak, sand-live oak, scrub holly, scrub plum, scrub hickory, rosemary, and saw palmetto. Fire is important in setting back plant succession and maintaining viable oak scrubs. Mixed Hardwood-Pine Forest. This community is the southern extension of the Piedmont southern mixed hardwoods, and occurs mainly on the clay soils on the northern panhandle. Younger stands may be predominantly pines, while a complex of various hardwoods may be predominantly pines, while a complex of various hardwoods becomes co-dominant as the system matures over time through plant succession. The overstory consists of shorlleaf and Ioblolly pine. American beech, mockernut hickory, southern red oak, water oak, American holly, and dogwood. Also included in this category are less specific upland forest that occur statewide and contain a mixture of conifers and hardwoods as the co-dominant overstory component. These communities may contain long, leaf pine, slash pine, and Ioblolly pine in mixed association with live oak, laurel oak, and water oak, together with other hardwood species. Hardwood ltammocks and Forests, This class includes the major upland hardwood associations that occur statewide on fairly rich sandy soils. Variations in species composition, and the local or spatial distributions of these communities are due in part to differences in soil moisture regimes, soil types, and geographic location within the state. The major variations within this association are mesic hammocks, xeric hammocks, coastal and hydric hammocks, and live oak or cabbage palm hammocks. Camp Dresser & McKee 4-23 C01.201.04 7rl4/~? 12C 5' Sect/on 4 Environmental Inventory The mesic hammock community represents the climax vegetation type within many areas of not'them and central Florida. Characteristic species in the extreme north include American beech, southern magnolia, Shumard oak, white oak, mockernut hickory, pignut hickory, sourgum, basswood, white ash, mulberry, and spruce pine. Mesic hammocks of the peninsula are less diverse due to the absence of hardwood species, which are adapted to more northerly climates, and are characterized by laurel oak, hop hornbeam, blue-beech, sweetgum, cabbage palm, American holly, and southern magnolia. Xeric hammocks occur on deep, well-drained, sandy soils where fire has been absent for long periods of time. These open, dry hammocks contain live oak, sand-live oak, bluejack oak, southern red oak, sand-post oak, and pignut hickory. Coastal and hydric hammocks are relatively wet hardwood forests that are found between uplands and true wetlands. These sometimes seasonally wet forests are associated with some non-alluvial peninsula streams, scattered broad lowlands, and are also found in a narrow band along paris of the Gulf and Atlantic coasts where they often extend to the edge of coastal salt marshes. These communities contain water oak, red maple, Florida elm, cabbage palm, red cedar, blue-beech, and sweetgum. Live oak and cabbage palm hammocks are often found bordering large lakes and dyers, and are distributed throughout the prairie region of south central Florida and extend northward in the St. John's River basin. These communities may occur as mixed stands of oak and palm, or one of these species can completely dominate an area. Tropical Hardwood Hammock. These upland hardwood forests occur in extreme south Florida and are characterized by tree and shrub species on the northern edge of a range which extends southward into the Caribbean. These communities are sparsely distributed along coastal uplands south of a line from about Vero Beach on the Atlantic coast to Sarasota on the Gulf coast. They occur on many tree islands in the Everglades and on uplands throughout the Florida Keys. This cold-sensitive tropical community has very high plant species diversi~, sometimes containing over 35 species of trees and about 65 species of shrubs. Characteristic tropical plants include strangler fig, g umbo-limbo, mastic, bustic, lancewood ironwoods, poisonwood, pigeon plum, Jamaica dogwood, and Bahama lysiloma. Live oak and cabbage palm are also sometimes found within this community. Tropical hammocks in Camp Dresser & McKee 4-24 C:0¢.2'01.04 7/14~7 the Florida Keys may ~lso contain several plants, including lignum vitae, mahogany, thatch palms, and manchineel, which are extremely rare within the United States. Wet/and Plant Communities Coastal Salt Marshes. These herbaceous and shrubby wetland communities occur statewide in blackish waters along protected low evergy estuarine shorelines of the Atlantic and C-ulfcoasts. The largest continuous areas of salt marsh occur north of the range of mangroves, and border tidal creeks, bays, and sounds. Salt marshes are sometimes interspersed within mangrove areas, and also occur as a transition zone between freshwater marshes and mangrove forests such as in the Ten Thousand Islands area along the southwest Florida Coast. Plant distribution within salt marshes is largely dependent or. the degree of tidal inundation, and many large areas axe completely dominated by one species. Generally, smooth cord-grass typically occupies the lowest elevations immediately adjacent tot tidal creeks and pools, while black needlerush dominates less frequently inundated zones. The highest elevations form transitional areas characterized by glasswort, saltwort, saltgrass, sea oxeye daisy, marsh elder, and saltbrush. For the purposes oft. his project, cordgrass, needlerush, and transitional or high salt marshes are collectively mapped as this single category. Freshwater March and Wet Prairie. These wetland communities are dominated by a wide assortment of herbaceous plant species growing on sand, clay, marl, and organic soils in areas of variable water depths and inundation regimes. Generally, freshwater marshes occur in deeper, more strongly inundated situations and are characterized by tall emergent and floating-leaved species. Freshwater marshes occur within depressions, along broad, shallow lake and river shorelines, and are scattered in open areas within hardwood and cypress swamps. Also, other portions of freshwater lakes, rivers and canals which are dominated by floating-leaved plants such as lotus, spatter dock, duck weed, and water hyacinths are included in this category. Wet prairies commonly occur in shallow, periodically inundated areas and are usually dominated by aquatic grasses, sedges, and their associates. Wet prairies occur as scattered, shallow depressions within dry prairie areas and on marl prairie areas in south Florida. Also included in this category are areas in southwest Florida with Camp Dresser & McKee 4-25 C~1.04 7/14/~7 5 Sac6on 4 Environma~al tnvantoot scatterod dwarr cypress having less than 20 percent canopy coverage, and a dense ground cover of freshwater marsh plants. Marshes and wet prairies are dominated by various combinations of pickerel week, sawgrass, maidencane, arrowhead, fire flag, cattail, spike rush, bulrush, white water lily, water shield, and various sedges. Many marsh or wet prairie types, such as sawgrass march or maidencane prairie, have been described and so named based on their dominant plant species. Cypress Swamp. These regularly inundated wetlands form a forested border along large rivers, creeks, and lakes, or occur in depressions as circular domes or linear strands. These communities are strongly dominated by either bald cypress or pond cypress, with very Iow numbers of scattered black gum, red maple, and sweetbay. Understory and ground cover are usually sparse due to frequent flooding but sometimes include such species as buttonbush, lizard's tail, and various rems. Mixed Hardwood Swamp. These wooded wetland communities are composed of'either pure stands of hardwoods, or occur as a mixture of hardwoods and cypress. This association orwetland adapted tre~,s occurs throughout the state on organic soils and forms the forested floodplain of non-alluvial rivers, creeks, and broad lake basins. Tree species include a mixed overstory containing black gum, water tupelo, bald cypress, dahoon holly, red maple, swamp ash, cabbage palm and sweetbay. Bottomland Hardwood Forest. These wetland forests are composed ora diverse assortment of hydric hardwoods which occur on the rich alluvial soils of silt and clay deposited along several panhandle rivers including the Apalachicola. These communities are characterized by an overstory that includes water hickory, overcup oak, swamp chestnut oak, river birch, American sycamore, red maple, Florida elm, bald cypress, blue-beech, and swamp ash. Bay Swamp. These hardwood swamps contain broadleafevergreen tress that occur in shallow, stagnant drainages or depressions often found within pine flatwoods, or at the base of sandy ridges where seepage maintains constantly wet soils. The soils, which are usually covered by abundant layer of leaf litter, are mostly acidic peat or much which remain saturated for long periods but over which lit-tie water level fluctuation occurs. Overstory trees within bayheads are dominated by sweetbay, Camp Dresser & McKee co¢.~.0~ ?~4~ 4-2~ Env#onmenta//nventoty swamp bay, and Ioblolly bay. Depending on the location within thc state, othcr species including pond pine, slash pine blackgum, cypress, and Atlantic whitc cedar can occur as scattered individuals, but bay trees dominate the canopy and characterize the community. Understory and ground cover species may include dahoon holly, wax myr/,Ic, fetterbustL grcenbriar, royal fcm, cinnamon fern, and sphagnum moss. Shrub Swamp. Shrub swamps are wetland communities dominated by dense, Iow-growing, woody shrubs or small trees. Shrub swamps are usually characteristic of`wetland areas lhat are experiencing environmental change, and are early to mid-successional in species complement and structure. These changes are a result of' natural or man-induced perturbations due to increased or decreased hydroperiod, fire, clear cutting or land cleating, and siltation. Shrub swamps statewide may be dominated by one species, such as willow, or an array of opportunistic plants may form a dense, Iow canopy. Common species include willow, was myrtle, primrose willow, buttonbush, and saplings of' red maple, sweetbay, black gum, and other hydric tree species indicative of'wooded wetlands. In northern Florida, .some shrub swamps are a fire-maintained subclimax of bay swamps. These dense shrubby areas are dominated by black titi, swamp cyrilla, fetterbuslL sweet pepperbuslL doghhobble, large gallberry, and myrtle-leaf holly. Mangrove Swamp. These dense, brackish water swamps occur along Iow-enerKy shorelines and in protected, tidally influenced bays of southern Horida. This community is composed offi'eeze- sensitive tree species that are distributed south ora line from Cedar Key on the Gulfcoast to St. Augustine on the Atlantic coast. These swamp communities are usually dominated by red, black, and white mangroves that progress in a sere fi.om seaward to landward areas, respectively, while buttonwood trees occur in areas above high tide. Openings and transitional areas in mangrove swamps .sometimes contain glasswort, saltwort, and other salt marsh species. All three major species of mangroves are mapped as a single class with no effort made to differentiate these species into separate zones. Camp Dresser & McKee C:(:~L201 ~4 7n4,~7 4--27 12u .5 Open Water Section 4 Inventory Open Water. This community is comprised ofthe open water areas of inland fi'eshwater lakes, ponds, rivers and creeks, and the brackish and saline waters of estuaries, bays, tidal creeks, the Gulf of Mexico, and the Atlantic Ocean. Disturbed Communities Grassland and Agriculture. These areas are dominated by low-growing herbaceous vegetative cover on intensively managed sites such as row crops, improved pastures, lawns, golf courses, road shoulders, cemeteries, or weedy, fallow agricultural fields, etc. This very early successional category includes all sites with herbaceous vegetation during the time period between bare ground, and the shrub and brush stage, as well as agricultural fields of all types. Shrub and Brushland. This association includes a variety of situations where natural upland community types have been recently disturbed through clear-cutting commercial pinelands, land clearing, or fire, and are recovering through natural suogessional processes. This type could be characterized as an early condition of old field succession, and the community is dominated by various shrubs, tree saplings, and lesser amounts of grasses and herbs. Common species include was myrtle, saltbush, sumac, elderbeny, saw palmetto, blackberry, gallberry, fetterbush, staggerbush, broomsedge, and dog fennel, together with oak, pine, and other tree seedlings or saplings. Exotic Plant Communities. Upland and wetland areas dominated by non-native trees that were planted or have escaped and invaded native plant communities. These exotics include melaleuca, Australian pine, Brazilian pepper, and eucalyptus. Barren and Urban Land. This class includes highly reflective unvcgetated areas such as roads, beaches, active strip mines, tilled agricultural sites, and cleared land on sandy soils. Unvegetated sites in urban areas which include rooftops of'buildings, athletic fields, landfills, and parking lots, etc., are Camp Dre&~ & McKee ooc=o~.o4 ?ri,m? 4-28 also included in this category. Vegetated tracts within urban areas are classified and mapped according to their predominate vegetation cover or plant community type. 4.10 Listed Species The State of Florida and United States recognize several wildlife species ofplants and animals as needing protection to ensure their continued survival, Their status in Florida az endangered or threatened species is defined under the following conditions. · Endangered Plants or animals in imminent danger or extinction or expiration if the deleterious factors affecting them continue to operate. These are forms whose numbers have already been reduced to such a critically Iow level or whose habitat has been drastically reduced or degraded the immediate action is required to prevent their loss. · Threatened Forms believed likely to become endangered in the near future ifthe causal factors now at work continue to operate. Included in this category are species in which most or all populations are decreasing because of'over-exploitation or environmental disturbance; species whose populations have been heavily depleted by adverse factors and while not actually endangered, are still in critical condition; and species which may still be relatively abundant, but are under threat from serious adverse factors throughout their range. Table 4-5 is a list of wildlife which is considered endangered and potentially endangered. Camp Dresser & McKee C0L2~.04 7fl~7 :i.~C 5 .5 Listed species known to occur in the planning area include the Bald Eagle, Florida Scrub Jay, Gopher Tortoise, and the Eastern Indigo Snake. The area also includes habitat for several of' the listed wading and sea shore birds, common snook, and West Indian Manatee. 4.11 Parks, Recreations and Open Space Tourists related recreational facilities in the Collier County Planning significantly impac~ the economy of the area due to the large winter tourist population. The 1989 Collier County Growth Management Plan's Recreation and Open Space Sub-element adopted a standard of service of 1.2882 acres of community park land per 1,000 population and 2.9412 acres of regional park land per 1,000 population. This was pursuant to an established goal ofthis sub-element which is stated as: "Provide sufficient parks, recreation facilities and open space areas to meet the needs of residents and visitors of Collier County." Tables 4-6 and 4-7 taken from the Comprehensive Plan list the recreational facilities in and surrounding the Planning Area. In order to achieve the stated goal, the Growth Management Plan's Recreation and Open Space Sub- element (amended May 1992) lists six objectives that need to be realized. · Ensure that a comprehensive system of parks and recreation facilities is available. · Protect designated recreation sites and open spaces through development of appropriate design criteria and land use regulations. Camp Dresser & McKee 5 TABLE 4-6 COLLIER COUNTY 201 FACILITIES PLAN UPDATE INVENTORY OF PARKS AND RECREATIONAL RESOURCES CLASSIFICATION A. Parks 1. Aaron Lutz 2. Lake Avalon Regional Park 3. Coconut Circle 4. East Naples Community Park 5. Max A. Hasse, Jr. Community Park 6. Golden Gate Community Center 7. Golden Gate Community Park/Pool 8. Gulf Coast Community Park 9. James Scenic Drive I0. Palm Springs 11. Pelican Bay Community Park 12. Poinciana Village 13. South Naples Community Park 14. Veterans Community Park 15. Vineyards Community Park 16. Immokalee Community Park 17. Immokalee Rec. Center/Pool 18. Immokalee Park 19. Oilwell Park 20. South Immokalee Park 21. Tony Rosenbaugh Community Park 22. Collier County Racquet Center 23. Frank E. Mackle, Jr. Community Park 24. Leigh Plummet Park 25. Winterberry Community Park B. School Parks I. Avalon Elementary School 2. Big Cypress Elementary School 3. East Naples Middle School 4. Manatee Middle School 23rd Avenue SW Intersection of Tamiami Trail East and Airport Pullig Road Guava Drive 3500 Thomasson Drive Golden Gate Blvd. 4701 Golden Gate Pkwy. 3300 Santa Barbara Blvd. Warren Street James Scenic Drive Radio Road Vanderbilt Beach Road Ponce de Leon Drive Tamiami Trail East 1900 Immokalee Road Vineyards Drive 321 North First Street lmmokalee Road Airport Access Road SR 29 School Drive Little League Rd. 1275 San Marco Road 1361 Andalusia Terrace Piedmont Circle Winterberry Drive Thomasson Drive Golden Gate Blvd. 4 i iX) Estey Avenue 1880 Manatee Road Camp Dresser & McKee CC:I~I TAnL~40S 4-35 12C 5 TABLE 4-6 (Continued) COLLIER COUNTY 201 FACILITIES PLAN UPDATE INVENTORY OF PARKS AND RECREATIONAL P~ESOURCES Co 5, Naples Park Elementary School 6. Oakridge Middle School 7. Pine Ridge ?vfiddle School 8. Vineyards Elementary School 9. ImmokaJee High School 10. Tommy Barfield Elementary School Beach Parks 1. Barefoot Beach 2. Barefoot Beach Pre~ze 3. Bayview Park 4. Clam Pass Beach 5. Cocohatchee River Park 6. North Gulf Shore Access 7. Vanderbilt Beach 8. Lake Trafford 9. Caxambas Bay Park 10. South Marco Beach Access ] I.State Road 951 Boat Ramp 12. Tigertail Beach 685 111th Avenue N. 151 County Road 95 I 1515 Pine Ridge Road 6225 Arbor Boulevard 701 Immokalee Drive 101 Kirkwood Street Lely Beach Road Bonit~ Beach Blvd Danford Street Seagate Drive V~nderbilt Drive North Gulf Shore Blvd. Vanderbilt Beach Road Lake Trafford Road South Collier Court South Collier Bird State Road 951 at SR 92 Hemando Drive Camp Dresser & McKee CCX.201 TA~.E4.{~ 7~11/97 5 TABLE 4-7 COLLIER COUNTY 201 FACILITIES PLAN UPDATE INVENTORY OF PARKS AND RECREATIONAL RESOURCES COLLIER COUNTY GOLF COURSES CLASSII:ICATIOH A. Priv~e I. Bear's Paw Country Club 2. The Classics at Lely Resort 3. The Club at Pelican Bay 4. Collier's Reserve Country Club 5. The Country Club of Naples 6. Countryside Country Club 7. Eagle Creek Country Club 8. Embassy Woods Golf& Country Club 9. Ford:ire Country Club I0. High Point Country Club I1. Imperial Golf Club 12. Island Country Club 13. Kensington Golf& Country Club 14. Moorings Country Club 15. Quail Creek Country Club 16. Quail Run Country Club 17. Quail Village Golf Club 18. Quail West Golf& Country Club 19. Royal Palm Country Club 20. Royal Poinciana Golf Club Ine 21. Royal Wood Golf& Country Club 22. Vineyards Country Club 23. Wilderness Country Club 2500 Golden Gate Pkwy 8004 Lely Resort Bird 707 OulfPark Drive 11711 Collier's Reserve Dr. 185 Burning Tree Drive 600 Countryside Drive Eagle Creek Drive 6680 Wes'ton Way 1030 Kings Way 1100 High Point Drive 1808 Imperial Golf Course Blvd. 500 Nassau Ct. 2700 Pine Ridge Road 2500 Crayton Road 13300 Valewood Dr. I Forest Lakes Blvd 11719 Quail Village Way 400 Forest Hills Blvd Goodlette Rd 4300 Royal Wood Blvd 400 Vineyards Country Club i 01 Clubhouse Dr. Public 1. Boyne USA South Inc. 2. The GolfClub at Marco 3. Hibiscus GolfClub 4. Hunters Ridge Country Club 5. Ironwood Golf Club 6. Lely Flamingo Island Club 7. Marco Shores Country Club 8. Palm River Country Club 9. Quality Inn Golf& Country Club 10. Riviera GolfClub 18100 Roy~l Tree Parkway 3433 Mariott Club Dr. 175 Doral Circle 12500 Hunters Ridge Dr. 205 Clsrity Ct. 8004 Lely Resort Blvd. 1450 Marselle Dr. Immokalee Road 4100 Golden Gate Parkway 48 MarseIle Dr. Camp Dresser & McKee CC~2'01 TABI. E4m ?nitS? 4-37 12¢ ~4 Ensure that ~II public developed recreational facilities are accessible to the general public. " Develop and implement a formal mechanism to improve and coordinate efforts among levels of government and the private sector. · Establish and operate a program for enforcing existing future developer commitments. · Whenever possible and practical, utilize county-owned property. Camp Dresser & McKee ~1.D4 7~14~7 4-~ $ $ -SE RV Iii Fi?are NO. ~-1 ~,.,t', Camp Dresser A, McKee COLLIER' COUNTY 201 fACILITIES PLAN UPDAT[ 201 PLANNING AREA NORTH/SOUTH SERVICE AREA BOUNDARIES Section 5 Current Situation 5.1 Wastewater Systems in Collier County The citizens of Collier County obt-ln wa~'tewater treatment and disposaJ sca'ice rmm a ~cty of public ~d palate s~tor utility s~tcms ~s ~ll ~ indi~du~ ~ptic t~ ~t~. ~e ~blic ~or ~tem pm~de~ include Collier County, ~e Ci~ ofNapl~ ~d E~lad~ City. ~ palate ~or ~s co~st or ~blic Se~ce Come,on ~lat~ pl~ts ~ ~1~ p~t~y ~nt~ ~ckase pl~[s. Fibre 5- l sho~ the ~ce ~ ~u~m ~ t~tm~t ~a~liti~ in Coili~ County. Public Sector System The Collier County Water and Sewer District (CCWSD) w~ approv,~l by refe. rcndum in 1969 and vaJidated by the State Legislature in 1978 by special act, Chapter 78-489, Laws orRoridt 'n~ CCWSD boundaJ'y was revised in 1988. Th~s action ~8~t~ca~tly increa,~-~ the size ofthe diStrict it aJso excluded The City of Naples, Southern State Utilities, [nc. provides service to Marco and Marco Shores and Florida Cities Water Company provides service to the un-incorporated City of Golden Gate. The CCWSD is roush]y comprised of 200 KluaJ'e miles ofthe western coastad area of the County. This area extends down from the Lee/Collier County line south to, but not includin8 Marco IsJa~d Water and Sewer District. This ~ ~lso extends one mile east ofCounty Rc~d 951 ~xt to the west to the Gulf of Mexico, not includin$ the City of Naples, As a non-chartered County. Collier County derives the authority to provide and regulate sanitary sewer s~rvice in the unincorporated are~ of the County Rom the Sener~ police powers ~ranted in Chapter 125. Florida Statues, Count7 Government. The Board of County Commissioners, ~urther Camp IDmsser & McKee 5-1 COL201 .Ol 7ri&t7 Sec~bn $ Curren~ ~ ~unc~ions ~ the ex-officio govemin8 board ofthe service area created under Chapter 153 pan II, Florida Statues, the County Water and Sewer District Law, T~e City of Naples is a public sector sanitary sewer provider within a small porlion of Collier County. Tht City of'Naples not only serves the incorporated area but also serves approximately five (5) square miles of unincorporated Collier County area contiguous to the City limits, as per an interlocal agreement with Collier County. The City allocates approximately 28 percent of system capacity to serve this unincorporated area, The interlocal agreement requires the County to maintain responsibility for ensuring the level of service standards for the unincorporated portion of the City Sca-vice Area. The City/County interlocal agreement has been tmended several times. The interlocal agreement was a, rnended to provide for permanent City Sewer Service to customers located alon8 the west side of A~ort Road south of Pine Ridge Road up to and includin8 the Bear's Paw Subdivision. The City ~cl County further agreed to have the City provide sewer service to the area alon8 Sandpiper Street, more particularly described as the Su~clplpet Bay Club, The City, since the October 1977 interloeal agreement, has also agreed to provide interim sewage treatment and disposal services to other areas in the County. These areas were served on an interim basis until such time as the County had transmission facilities in place to provide sewer service. The City of Naples currently has one treatment plant, T~e plant has a current capacity ofg. S mgd. The City is in the process of'upgrading and expanding the treatment plant facility to a 10 mild Ba~denpho~ Advanced Wastewater Treatment proce~ which is proposed to be completed w~thin one (I) ytar. The City's waster, stet collection system consists of 118 lift stations The City pre~ently ha~ 8,321 sewer connections, with 6,808 of fha connections located within the incorporated area and l,S 12 within the seven square miles ofunincorporated area contiguous to the City limits Camp Dresser & McKee Private Sector Systems ,12C 5 There are currently eight Private Sector Utility Companies which provide sanitary sewe~' sea-vice within Collier County. Each of these utility companies has been issued a certificate by the Florida Public Scr~ce Commission (PSC) pursuant to Chapter 367, F.S,, Water/Sewer Systems, These e~ght PSC regulated treatment facilities are listed in Table 5-1 with a description ofthe plants, The Marco Service A.r~ extends beyond the Marco Island Sewe, t District bounda~. This service ~ includes Marco Island, Isle otrCapri, Marco Shores and Goodland. Collie~ County has no u'eatment facilities within this area, but does oven and maintain severa] miles of foree main ~ 8ravity sewer lines within this system. Souther'n States Utilities, lnc. is the major provid~ of'sanitary ~ew~t service on Marco hJand One half square mile of'the northern most part of Marco IslAnd is ~ by North Marco Utility Company, Inc. The North Marco Utility Company collect~ the raw sewage And then routes it lo a pump station, where it is then pumped into Southern States Utilities Marco Island treatment plant. Southern State Utilities has an existing 2,5 mgd contact stabilization plant And · 1.0 msd extended aeration system plant on Marco Island. Southern State Utilities also operates a 0,90 mgd contact stabilization pack·se plant at Marco Shore.~, Southern State Utilities service area is approximately I0 miles ofgravity sewers and I I miles of force mains. This priv·te service area will not be further addressed in this facilities plan There are nineteen (19) other private S/StaT= which operate within Collier County. 'rhea· I 0 private systems are m~aller r/stcma which sef~e residential communities, conunetcial establidtmcnts` achools` churches, ·p~tment complexes and other development~, Table 5-2 I~ the private packase plants tad the service trca which they serve. This table ~lso lists the condition ofthe package plants, based on Collier County Pollution Control (CCPC) st~t' inspections. Camp Dresser & McKee ,Z2C 5 TABLE $-I COLLIER COUNTY 201 FACILITIES PLAN UPDATE SEWER SYSTEMS REGULATED BY FLORIDA PUBLIC SERVICE CON~tlSSION PSC C~^crrY TREA~ SERVICE UTILITY CERTIF~C^TE# (MGD} TYPE LOCATION Southern States 356-S 3.S CS Marco Island Udlitie~ In¢, Sm'vice Ama Noflh Marco 384-S N/A N/^ Marco Island Utility Co.: Inc. Service Area Southern States 405-S 0.90 CS Marco lslara:l LJtilitb:~, Inc. Service Area Florida Cities 390-S 0,50 EA Golden Gate City Water Company S~ce Area Rookery Bay 383-S 0. ! :5 CS Collier County Utility Company 0.30 EA South Service Area Eagle Creek 406-S 0,20 EA Collier County Country Club South SenAce Area Col:~land Water 402-S 0.02 EA Copeland Service and Sewer Co Area Ora~se Tree 419-S 0, ! 45 CS/EA Oranse Tre~ Utility Company Developer !, N/A - Treatment provided by Southern States Utilities, lnc 2. E^ - is exlend~ aeration 3. CS - is contact stabilization Source: Florida Public Service Commission, 199.5, Collier County Water/Sew~' Diaries, !q95 Florida Cities Water Company Inc., Southern States Utilities, Inc. Camp Dr~ & McKcm S-a TABLE 5-2 COLLIER COUNTY 201 FACILITIES PLAN UPDATE PRIVATE PACKAGE PLANTS CAPACITY PLA~T' TREATW~NT P1,.A.NT (mgd) CoNDmoN TYPE BeJ~.on Bowl 0.005 Poor E~ North service uea First Baptist 0,007 Good EA North Church service area Naplcs Pla.z~ 0.03 Good E^ North service Sa~nd7 R.[dge Labor 0.02 Good CS North Camp scr~ce area M&E Tr~lcr Park 0.0015 Good E^ South service area Naples DHve-in 0.005 Poor EA South ser~ce area F T~t O~:s 0,045 Fair E^ South scrvice ~rea Woodiake Condos 0,04 Poor EA South ~:r~ce area Port-au-Prince 0.006 Poor EA South service TolIsatc 0.035 Good E^ South service area Coon Key Pa.~s 0,012 Fair EA Marco Fishing Viilagc La Per~sula Condo 0.035 Fair CS Marco se~ce area Ta~on Village 0,015 Fair E~ Marco Condo service area Big Cypress 0.02 Fair EA J Outside s~rv~ce Element ar,/' Big Cypress Lodge 00!5 Good EA Outside t, erv~ce Camp Dr~' & McKee C~.J~t T~.O2 ~7 12C 5 TABLE $-2 (continu~l) COI. ZJF. J~ COUNTY 201 FACR.ITtES PLAN UPDATE PRIVATE PACKAGE PLANTS Collier Seminole State Pa~k -~0-o p~a. nd Road Prison Corkscrew S a~-~ua, ry_ Outdoor Resorls CAPACITY 0,015 0.01 O.OO75 ~L.A,NT! LOCATION TYPE EA Outside service EA EA Outside service Outside se~ce Outside scrvice 0,04 Fair EA ~ Trdler EA Outside service 0,OOS Fair 1. Plato condition based on notes from Collier County Pollution Control inspection reports 2, EA - is extended aeration 3. CS - is contact stabilization Source: Collier County Growth Mtnasement Pla,'L Stnitary Sewer Supplement, Amended September, i 995 and Collier County Pollution Control (CCPC) inspection repons. Ca.,np Dr~ & McKee Sa coup1 Ta,~.J~,~G' i~1i,~7 12g Sec:~ 5 Currs~ ,~tuaflon Out of the eight PSC regulated systems, only two of the systems fall within the Collier County Sewer Service Area. Both of these plants lie within the South Collier County Sewer Service Area. The first system is Rookery Bay, which serves the area in the southeast comer of'the C,R, 9SI and U,S, 41 intersection, The other is the Eagle Creek system, which serves the Eagle Creek Golf Community ioctted in the southwest comer of the C.R. 9SI and U.S. 41 intersection. It is anticipated that by the year 2000, these two systems will be purchased by the County or will be taken off-line, and sewer service to these areas will be provided by the South County Reglona] Wastewater Trcatment Facility. Rookery Bay Utility Company holds a PSC certificate to serve several developments a]on8 U.S, 41 and C,R. 95 ! to the east and south ofthis intersection. The developments currently served by the Rookery Bay Utility Company include; Duda Farm Labor Camp; Enchantin8 Shores Mobile Home Park; Greystone Park; Gulf Wind Condominium; Henderson Creek Village; Holiday Manner Mobile Home Park; Imperial Wilderness Mobile Home Park; Quail Roost Mobile Home Park; Royal Pa]ms Golf Estates; Rivcrwood Mobile Estates; and Westwind Mobile Home Park. The above mentioned developments are currently bein8 served by an existing 0,1 $ mgd contact stabilization treatment plant that includes a 0,30 mgd extended aeration facility, The collection system is comprised of pump stations located at each of the above listed developments and approximately 10 miles of 4 inch to 8 inch force mains which convey the raw sewage to the treatment plant. The second PSC regulated plant within the Collier County Service Area is at the Eagle Cr~:k Country Club. Eagle Creek Country Club is a residential 8olfcourse community which is located in the southwest comer of.the intersection ofU.S. 41 and C,R. 951, The Eagle Creek Treatment Plant serves approximately one half square mile of the a golf course community and also serves the commercial shops of'Eagle Creek a]on8 U.S 41. The Eagle Creek Treatment Plant is n 0.20 mgd contact s~abilization process package plant, The collection system tot the Eagle Creek service area consists of' five pump stations, gravity sewers and force mains which are expanded along with the development of' each new phase of the Eagle Creek Golf Course Community. These two facilities are noted in Figure 5-I. Camp Drew, er & McKee coca~ a, 7fl~a7 ~.7 Cuo~nt ~ In addidon to the eight PSC regulated utilities, there are an additional 19 ~v~te S~tor Sanita~ Se~r S~tcms or package plants in Colli~ County, Oft~ 19 pilate package pl~nt~ only lO lie ~t~n t~ Collier County Sewer Se~ce ~, Four ofth~ ~ckate pl~ts lie ~t~n the Noah Naples S~ce ~ea. Six of the~ Package Pl~ts lie ~t~n the South Se~r Se~ce ~. ~e ~mainder of the package pl~ts either lie ~t~n the M~o lsla~ Se~ce ~a or lie out,de of the Colli~ County Water Se~r District Bound~ Se~ce ~a, These t~tment facilities r~8· in size flora a 0.~5 mgd to a 0. I~ mgd package plant. ~ ten palate package plants a~ not~ in Fi~ 5- I. The remainder of this section describes the existin8 conditions in Collier County and particularly in the north and south service areas ofthe 201 plannin8 area. It includes a brie£description of cnvironmentaJ conditions, demographics and present land use, Major emphasis is devoted to the existing utility companies providing treatment, transmission, and efflucnt disposal services :o residential and commercial customers in the north and south service area. 5.2 Conditions in the Planning Area 5. 2.1 Planning Area Descdptfon The 201 plannin8 area is located in western Collier County and consists of approximately 261 square miles (167,000 acres) of land, bays, and estuaries. The planning area is bcxmded on the west by the Gulf of Mexico and the City of Naples; on the north by Lee County; on the east by the upland eastern section of Collier County; and on the south by a line which extends east, south of Marco Island, through Ca.xa.mbas, north of Horr Island, and south of Goodland Island, The Marco Island and Golden Gate City service areas are not included in this update and are being partitioned fi.om the update. The l~tarco Island service area is a separate water and sewer district served by Southern States Utilities. Golden Gate City is served by Florida Cities Water Company A map of the planning area is shown in Figure S-1. Camp Dresser & McKee S.~ 5 In the May 1986 201 Facilities Plan Update., the planning area w~ divided into Four regional service ~ known ~s thc north service area. central se~ce arc~. south service area ~d the Marco service sre~ The June 1996 201 Facilities Plsn Upc~te r~:ommended combining the north and central setvlce azea into one north service ~ The north service azea also includes the ~ se. rv~ by the Pdican BaT Wastew~ter Treatment Plant, Fisure ~-! shows the current r~iona] service mens within the 201 planning 5. 2. 2 Demographics The 1990 U.S. Census reports a population for Colliel' County of 152,099 (City ofNaples ~cl Everglades City included). According to the census survey, thef~ sre a torsi of 94,165 housing units countywide, of which 61,'703 were reported as occupied throughout the ye. at, The remaining housing units ~ consider! ss sessor~l residences or v~cant. The census report ~lso indicates that the countywide median age is 40,'7 ye.~rs oFage ~ the count~vlde persons per household is 2.41. This ~tegory includes land used for manuf'acluring, w-,'ehousing, and wholesale trade. Consistent with the sa'vice, construction, ~1 re~il orientation of the counts economy, i~nd used for industrial purposes comprises only about !.? percent ofdevdopod Im~cl in the county. Currently no rn~jor industry iics within the collection uca of the north and south service e-cas. Mejor industry is defined ss fzcilitics cmploying E, re~ter than 100 employees with a potential of hazardous waste production ~ad w-~stew~tcr generation consislent with EPA NPDES guidclines. There ,ze, however, numerous fight industries end cornmcrcial developments such ~s shoppin8 centers, office buildin8 and rcstaunmts located throughout the north ~ south service Camp Dresser & McKee S.g 12C 5 Collier County encompasses 1,280,159 acres ~cl is divided into 12 planning communities, The four major land components in the county include: conservation/preservation lands (59,3 percent), ag~cultural lands (i 8.5 percent), undeveloped lands (14 percent), Ired deveioped lands (8,2 percent), TI,is land breakdown is listed in Table 5-3 by planning communities. Not ail the plannin8 communhies are within the county's waslewater service are~ and some plannin8 cornmunkies have pa~tLfl axe, as within the county's w~'tew~ter service area. s, Figure 5-2 shows the plannin8 commur~ties a~d how they ~re incorporated into the county's w~stew~ter service ~.,as. The dcvelop~ lands c~tesory in Table 5-3 is broken down ~unher into the f'oilowin8 components: rc~denti-l, conunerci~, industr~,l, ~d insfitutionai. These components comprise the majority or'land in the county's wastewater service Table 5-4 lists the resiclcntiai, cornmc~ai, incluslriai ~d inslitutionai acreage for each pla~n8 co.nmunity. These acreages include lands that ire in varying degrees otr development (in~r~struclure may e~st w~thout any structures). 5. 2.3 Other Existing Environmental Conditions S~-tion 4 or' tKis document cont~i~ descriptions or' ex~sting env~ronmentaJ conditlons rclatt%l to w~la~ls, floodplains, coastal zone~ wgd and scenic v~ews, prime agricultural lands and other e~vironment&lly sensitive art~ includin8 irc.~aeological/historical resources I~J endangered species. Section 4 contains sufficient int'orrnation to ailow a thorough i~ent ot' potential en~ronmental impacts which may re. suit fi'om implementation of the recommended plan or amy orthe ~ternatives Ca~np Dresser & McKee 5-10 O:X.2Q1 ~ 7r11~7 COLLIER COUNTY 201 FACILITIES PLAN UPDATE Comp Dresser & McKee PLANNING COMMUNITIES AND TRAFFIC ANALYSIS ZONES 7 TABLE COLLIER COUNTY 201 FACILITIES PLAN UPDATE COLLIER COUNTY PLANNING SERVICES DEPARTMENT 1995 LAND USE Conser~tion/ Developed Undeveloped Preservation Agricultural Pla~.~n8 Land La~ds La~d$ La~s Total Com ur (.cT'cs) North Napl~ 10,42 ! 5,207 !,~ I,~ 1 i 9,323 S~th Napl~ 5, ! 41 4,7~ 917 2,834 13,59 I C~t~ Napl~ 5,573 1,592 I ~ 388 7,653 ~ Napl~ 4,0 i 3 ~5 ~9 124 6,412 M~ 6,030 6, I ~ I ~,~ I 13 30, I ~0 ~Id~ Gate 7,17 ! 1,616 97 ! 43 9,027 U~ ~tatcs 10,323 5,165 424 6,~ Ru~ ~lt~ 49,543 12,161 132 19,4~5 Ro~ F~m 6,077 1~, 136 i ~070 59,~5 346,328 l~k~ 3,755 3,~0 6T 5,92 Co~ 811 18,957 21,~3 139,7~ 1~1,26~ Big C~ 52 15,347 571,536 9,~ I Tot~ 108,910 185,489 787,~3 245,61~ 1,327,020 Source: Collie' County Plannin8 Services Deptr~rnenl for the Evaluation and Appraisal Report Camp Dtcsse. & McKee s.~ 1 TABLE $-4 COLLIER COUNTY 201 FACILITIES PLAN UPDATE COLLIER COUNTY PLANNING SF_.RVICES DEPARTMENT 1995 DEVELOPED LAND USE Plannin8 Residential Comm~ IndustriaJ lrmitutlo~al Total Communi (,cres) (aCM) Nr~r~h Naples 8.9S8 567 418 4'/'/ 10,42 I South Naples 4,778 186 0 177 5,140 Central Naples 4.649 326 542 55 5.$72 ~ Naples 3,383 415 3'/ 179 4.014 Marco 5. $66 286 0 178 6.030 Golden Gate 6.842 ! 63 0 ! 65 7.17 Urban Egates 10.102 51 0 171 10.323 Rural Estates 48.899 192 0 451 49.542 Ro)~ Falcapalm 4.859 427 606 ! 84 6.077 IrnrnokaJee 2,277 136 229 1.! 13 3.755 Corkscr,zw 797 ! 2 0 2 Big Cypress 8 27 12 6 53 Total ! 0 I, I ! 8 2788 1844 3.158 I ~ourcc ~ CoUier County Planning Sen4ces Depanmen! for the Evaluation and Apprdsal Report · Propa'ty used for Commercial may not necessarily be zoned for Commercial. · The planning community acreage has not been broken-dow~ lo indicate the percentase w~thin the Wastcwater Service Area Camp Dres.sa' &: McKee ccx. J~ tam.es~ en~t 5-12 5.3 Existing Wastewater Flows and Treatment System and Flows 5, 3.1 North County Service Area The north service ~ covers approximately 78 square miles, This a'ea is bounded on tl~ north by the Coilie,'/Lee County line., on the south by Golden Crate Pa'kway, on the ea~ by the Urban Plannin~ Bouod~/, ~/on the west by the City ot'Naples Service area and the Gulfoi'M~xico. Future land use within this service area consists primarily ofurban residential and estates residential, The North Service Area now encompasses the Old Central Service Area a,'M the Pelican Bay Improvement Distric~ ~ revised in the 1996 201 Facilities Plan Uix~te, The az~a is served by the county-owned North County Regional W~stew~ter Treatment Facility (NCRWW'IT), located offGoodlette Frank Road, just south of Immokalee Road (CR-846) and the Pdican Bay WWT1). The NCRWW'IT has · design capacity of8,$ msd (million 8~ona per day), This plant provides adv~K:~l second_ar/treatment tlu~3u~h the activated sludge proces~ Current annuaJ average daily flow~ (1995) at this facility ·re approximately $.33 mgd. The primary murce ofemuent dispo~ is th~3ugh irrigation of ~'wer~l a'ea 8olfcourses, a community pazk and nearby residential cornn~nity with any cxce~ effluent goin8 to the on-site percolation Pond~ Lime s~abilized fludge is currently dispo~cl of ·t the county landfill. T~ county-owned collection system consists of·pproximately 260 miles ofsravity sewers and force mains, 247 ILq stations and pump stations. Scr,Hce is provided Io approximately 30 square miles of the service ~ca. Service connecti~ total approximately 17,000 which serv~ 76 percent ot' the ser,'ice area population and 39 percent or'the total land area. Pelican Bay is · planned dcwJopmcnt included in the north serv'ice a~a which utilizes its ow~ treatment facility. The Pelican Bay WWTP EM a capacity of 1.0 mgd and uses an extended aeration process, Any additional flows beyond 1.0 msd are diverted Io the NCRWWTF. Current annual average flows (1995) to the Pelican Bay WWTP a~e approximately 0.68 mgd. This facility will Camp ~ & McKe~ 5,-13 r~n Ktive until further expa~on oftbe NCR~ occurs. Upon further ~on of the NCRWV/'TT, the Pelican Bay WV/'I'P will be taken offline and flow divested to the NCRW'WTF. In addition to the two county-owned wastewater tnmment facilities in t~ ~nh ~ce ~ t~ Figur~ $-3 shows the general location ofthe existinit county facilities in the north ser~e ~ and the a~ea ~tly served by these facilities. The location of the pecka~e tre. atment plants a~ also indicated on Figur~ 5-3. 5. 3, 2 South County Service Ama The so~th service trca coven ~ppmximate~y 58 square miles a~d ia serv~ by the coonty-owned So~th County Regional Wutewater Treatment FKa'~ity (SCRWWTF). Tbe So, th Service A~a is boonded on the north by C~lden Gate Pa~'~ay, on tl~ so~th by Environmentalty Sen~tive Lands, on the east by the Urban Planning Bo~xttry and on the west by the City of N&ples Set,Aces Area and Environmentnlly Senaitiv~ Lands. Futttm land use within this service a~a con, sis primarily of'urban residential a~! acr. u of environmental concern. The SCRWWTF is located just east of U.S. 41 and south o£RJttlemake Hammock Road (CR. g64). The facility hu~ design capacity of [.0 m~d and e~luem ~ws (1995) at this ~cility a~ approximate~ 3.24 mgd; howeva', it appean that thi~ reported flow does not include all l~ow diverted to the percotatJon pond~ IX. sultin8 in Iow relxaeted flow values. The SCRWWTF curr~tly does not have · reliable in/luent flow meter to mea.su~ irtfiuent flows. Improvements to the treatment plant, which are under construction, will be peovidinll · new in/luent flow meter to improve flow monitoring c=umM ~? S-14 g 25 E R 26 E ,RTH REGIONAL SERVICE AREA N 0 1w. 2w Comp OFes~er & McKee COLLIER COUNTY -'"01 rACILITt~:S PLAN UPDA'T[ NORTH COUNTY SERVICE AREA EXISTING WASTEWATER FACILITIES 12C 5 C~rmr~ ~ The primary source of effiucnt dispos~! is t~ough irrigation of area golf courses with excess efIluen! diverted to the off-site percolation ponds. Dev~tcred sludge is currently hauled to the county landfill for dispo.~. The county-owned collection system consists of approximately 300 miles of gravity mains and force mains, and 256 lift. stations and pump stations. Service is provided to approximately 2g square miles of the service are~. Service connections total approximately 16,500 which serves 65 percent of the service area population and 44 percent of the total land area. In addition to the SCRWWTF there are an additional six package treatment plant sy~ems and two utilities regulated by the Florida Public Service Commission (PSC) in the south service area. A list of' these facilities and their respective capacities and current flows are provided in Table 5-6. Figure 5-4 shows the general location of the existing county facilities in the south service area and the area currently served by these facilities. The location of the six packase treatment plants and two PSC regulated facilities are also indicated on Figure 5..4. 5.3.3 Wastewater Flows The infrastructure requirements for collecting and treating existing and future wastewater flows are based on several wastewater flow and load parameters, These flow parameters are the averase day, maximum 3-month average day, and the maximum month average day which are typically used to determine the capacity of the wssttwvater treatment and collection systems. The wsstcwater flow and load parameters are defined ss follows: Average Daily Flow (ADF) is the average of the daily volumes for a continuous 12 month period expressed in gallons per day. Camp Dresser & McKee C:C~2~IM 7ri 1117 *"'q · $-1 Comp Dresser & McKee COLLtE:P COUNTY 201 FACILITIES PLAN UPOAY[ SOUTH COUNTY SERVICE AREA EXISTING WASTEWATER FACILITIES f,oure NO. 5-4 12C 5 · M~.irnum 3-Month Average Daily Flow (3-Month Al)F) is the maximum v~Iue oftbe aver,,ge of three consecutive months' aven~ge daily volumes recdved for a particul~r 5,eau' expressed in g~llons per day. · Maximum Month Aver~,ge Daily Flow (MMADF) is the maximum months average daily flow volume received over a 12 month period expres.sed in gailons per day. · M~0dmum Day is the largest volume offlow to be received during a continuous 24 hour period expressed in gallons per day. · Pea~: Hourly Flow is the largest volume of'flow to be received during one hour over a 12 month period expressed in gallons per minute. '" Carbonaceous Biochemical Oxygen Demand (CBODs) indicates the quantity o£oxygen used by microorganisms in the ,,¢robic stablliz~,tion ofw~tewater. This v~lue is used to define the strength of' municipal w~stewater and to evaluate tbe efficiency of'treatment facilities by measuring oxygen demand remaining in the effluent. · Total Suspended Solids (TSS) refers to the nonfilterable res[due that is retained on a glass-fiber disk m'~er filtration of'a s~mple of'w~tewater. The flow parameters described in this section ~ based on historic monthly operating data. Wastewater flow data ~ reviewed for the North County Regional Wastewater Treatment Facility (NCRWWTF), Pelican Bay Was~ew~ter Treatment Facility (PBWWTF), and the South County Regional Wastewater Treatment Facility (SCRWWTF). The wastewater flows treated at the regional treatment facilities are predominateJy domestic waste., with contributions from commercial establishments and light industrial sources, Wastewater flow rates for each of'the County's treatment facilities are shown in Table 5-7. This table lists the average d~ily flow (ADF), maximum 3-month average daily flow (3-month Al)F) and the maximum month average daily flow (MMADF) for the pa~l five years (1991-1995). Ctmp Dres.ser & McKee c,:~l.~ 7w~,~7 5-18 12C 5 Average Daily Flow Sectk)n 5 Cun~nt S#ueOon Averase daily flow (ADF) is used to review the wastewater system capacity and performance. The average daily wastewater flow rate and strength vary due to climatic conditions, as well as population fluctuations. Figure 5-5 shows the growth trend in the combined annual average daily flows ror the County's wsstewater system. This figure shows the increasing flows relative to increa.~in8 population. Collier County is subject to seconal cycles in population and ndnfall. An increase in seasonal population impacts the quantity and strength of the wastewater flows generated during the fail and winter months. This is due to an incr*,,ase in part-time residents a~d tourists during these months (November through March). The w~ewater flows also increase during the summer months (July through October) due to precipitation. During these months, the flow rates entering the plants increase due to ini~ltration and inflow (I/]) as a result or'collection system inflow increased groundwater levels. Figure 5-6 ~nd 5-7 show the correlation between average daily flows for each month and the effects of both or'the sea~ on,,I population and rainfall cycles for the north and south service areas, respectively. Maximum 3-Month Average Daily Flow The Florida Department of Environmental Protection (TDEP) requires utilities to use the Maximum 3-Month Average Daily Flow vtlue to determine compliance w~th established regulatory requirements for pia~uzing, design, and construction ofwastewater facilities. The FDEP requires routine comparison of'flows being treated at the wastewater facilities with the permitted capacities of the treatment, residuaJs` reuse, and disposal facilities. The FDEP rules state that when the Maximum 3-Month Average Daily Flow exceeds 50 percent ot'the permitted capacity of'the treatment plant or reuse and disposal system, the owner is required to submit a Capacity Analysis Report (CAR). Generally, the CAR should review the historical flows and loads for the past ]0 years (or length of time the plant been operating, if less than ]0 years) as well as the projected population, flows and loads for the next ]0 year~. Tizis rule lays out the timetable for submitting a CAR along with outl{~n8 the timetable for planning, design, and construction of new or expanded wastewater treatment facilities. Camp Dress~ & McKee Average Annual Wastewater Flows (mgd) 0 0 0 0 0 0 0 0 Population 12C 5 I. + 4 op, e~ AROI::I .~ale~m,$eM lenuuv e~e^V 12C 5 T~¢ 1~ ~ ;~ ~: ~, i,~ u m 3-month a~rzs~ d~ily flow ~r t~ North C~n~ R~o~ W~t~ Trc,~ :~: ~ :v ~CR~ ~ 6.10 msd or ~ ~t orthe ~ ~F ~ oF8.5o ~d. '~'~>~, .~-:~,nth ~F to ~F mio for !~1 t~ !~5 is I. 13, perccr:~ <,'," ' ' ,i:.:n capacityofl.0mgd. Th~3-monthADFtoADFrafio for 1991 tl~ 1995is 1.14. 'l'h~s m~,~, ~: ::~ ;,,~t used to addr~s fl~u~expan.~msat the PBWWTF because the flows at the PBWWTF are held c~,~ r'* ~ 1: : ~t approximately 0.70 mgd. with the excess flows being diverted to the NCR~. The 1995 m:~,~i~,um 3-month ADF for the South Coun~ ~ Wast ewater Treatment FnciF~ ($CRV,~V'FF~, ,,,.~,~ 4.21 mgd or 53 percent ofthe permitted capacity orS.0 mgd. Flows R~r the SCw,:, ~~, ,,-, :~,t include effiuent directed to the on-s~ percolation ponds. The3-monthADFtoADF ratio for l'/, i ~,'~: ~ 1995 is 1.24. CARs we~ ~ for the NCRWWTF (12/95) and SCRWWTF flows mu:d i:: :.:,c,~gth to tho~eintF~ated I~t mLximum momh c~mdition~ TheMMADFdesignca~city fo~ the NCRV¥',','iF is 9.35 mSd. TI~ 1995 Klt~ MMADF for the NCRWWTFis 7,1 mgd or 76 pen:chi ofthe deslgn MMADFot"9.35 n~d Thel~IVlADF to ADF ratio for 1991 thr~ 1995 is 1.21. The MMADFdesign condition for the SCRWWTF is !i.0 msd. The 1995 acO~~FFor~ $CR~,V',VTT- ~ .~. 37 or 40 percent ofthe design MMADF of ! 1.0 m~d. The MMADF to ADF ratio For 1991 through 1995 is 1.29. Dresser & McKee ~m 7n~m~ ~ Peak Hou;~y Flows to ...e. tl~e treatmem plant ~ hydraul~ The ~ ~ ~ ~ ~ ~ ~ N~~ ~of2.25. ~g a~ thc N~~ ~ ~ S~~. 5.4 North Service Area Wastewater Treatment Facilities $.4.1 Fadl#y Overviews andes Th~, NCR%~VTF is locked offC.,otxt~e-Fnnk Road, ju~ ~outh of Immoka]~ Road (CR-846). The t~T~ hu a d~ c.p.~ ortS m~d. ~ ~er.L .dvanced ~ treatmem .~ the pi.hr i~ The so,ds h;mdllng sy~em consi~ oflludge thi~etfing, rtme stab;Ill,cra etd pasteutlzadon tO me~ ~ AA cr{tcn"ia for marketing mt~d di~bufion. The fludg~ b pmmenfly disposed of at the coumy land~. The county is planning to market the treated ~udge as a bulk fetalizer or luitmble fill material The cxistlng Pclican Bay Wmew~er Tn~ment Facility (PBWWTF) is located within the Pdkan Bay Improva'n~.t t~dct. The Qxn~ took over opentio, and maintenance of this t~oT~ h I~:). The current facility is a i.0 mgd oxidation dilch process and is located offofWalergate Way in the Pefican Bay Devdopmcnt. Any additional ~vmge flow that exceeds the 0.7 mgd oIxratin8 cmpacity h routed u¥o~gh a llft ~tation directly to the NCRWXVTF. Camp Dresser & McKce i! II N.T.S. CO~L<R COUNTY 201 FACIU11C$ PLAN UPOAT~ NORTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY SITE PLAN MdI~S ~.4.2 NCR1M4/TF Process TABLE S.4 COLLtER COUNTY 201 FA~ PLAN UPDATE S~Y OF NCRWW'I'F PR~S EQU~MENT 5 ~ of Unit Maximum F~ Velocity Grit Chambers Q~tntity W'tdth D th Volurr~ Volu~ Num~ of A~t~ ~ of A~to~ AmiSh B~h Num~ l Volu~ Nu~ of ~ S~ of A~ V~~ ~ Aerathn Basin Number 3 Vdun~ Numb~ of Aerator~ Sizn of Aerators Maximum Aeration Calcify Hydraulic Dct{mtio~ T'tm~ Volumetric t.o~__,,~ 3 3feet 2,41 feet 1.6 3fed 2 33 feet 8fed 2~112 ~/txdn 2.0 m8 6 60 tn' 12.8 hours 23.4 b BOD/1000 1.0 n~ S 40 in, (em:h) t3,200 lb O/d~y 12~! hours 2.1.4 It) BO[Xt1000 12C 5 COLLtER COUNTY 201 FAO/.ITIES PLAN UPDATE SUM~4AI~Y OF NCRWW'I'F PROCESS EQUTPMENT pP. OKF. SS Oarifler Ntuber I Fk)w (AD~ Chr4fler Number 2 & 3 Type Flow (ADF) Surface O~gw Rate Weir loading l~tte Oarifler Number 4 fi S l~th Flow (Al)F) Re~uru Activated Sludre Pumps Numbefl I - 3 ~tlt~ Rgium C~paci~ Pumpins Pate 1-DH N~mb~ 4 - & Pumpin8 P. tte I Center Feed~Fow 12 feet 2 Center Feed/Tow Bm 65 feet 13.S feet ~.29 msd (esch) 3SS Slxl~~ 2 Center Feed~ Bm ~o feet ISlet t.gs msd (es:h) 388 8pd/f~ soo spin (two pumps) 3 2.6 rnSd (t,SO0 Spin) t,ooo s~n (etch) 11 ft~et Can~ ~ & Mc~e~ COLLIER COUNTY lOI FACnJTIES PLAN UPDATE SUMMARY OF NCRW'WT[ PROCESS EQUIP~ TREATMENT PROCESS Nttmberi ? - ~ TDH Wm~ Acth. ated S~d~ l~mp~ Wu~e C,q~cay R~quimd Pumpin8 R~t~ TDH W~e A~t~ ~ ~m~ Num~ 1 - 3 ~P~8 ~e Wine A~t~ ~ Num~ 4 * 6 ~hte ~ato~ * ~fluut S~ S~ :J,9 mid (2,TtX) mx.n) ~.S00 Spin (eech) I! f~uet 3 2o.ooospd ~so sp~ 3 1'TS spin (esch) 12 Feet llT.o(x) 8pd 3OO 8pm (em:h) 26 fbet I 1,6so h/dry Sms/I Io ms/t 10 m8/I linch ~ ~ & Mc.K~ 12C 5 COLLIT~ COUNTY 201 FACII.ITI~ PLAN UPDAT~ SUMMARY OF NCRWWTF PROC~S £QUIPIvI~NT 1 $00 lbs/day Ih~h soo Ib~dry SOm~ 2 2inch Trz~ Bridge Filter by Aqua-Aa'obic 450 flnAmit 3.6O0 1.45 ~ 49 feet 9.:S fbe~ 15 minute~ 5.25O ~pm Camp Dresser & McJCee oeu~ TalZIM erN? 1-27 ,X2C 5 CO~ COUNTY 201 FACR.fl'IES PLAN UPDATE SUMMARY OF NCRWWTF PROCESS EQUIPMENT TREA~ PROCESS Personal Computer Work Stations V'ew Computers Qu~nti~ Control Computer~ , Belt Press DewateflnI System Quantity of' Sludge Feed Pumps Horsepower, Speed Feed Sludge WAS & Thickcned Sludse Conc, WAS & Thickened Sludge Flow Percent Cake Solids No. o£Beh Presse~. WMth of Pre~ Hydraulic Loadin8 Sludge Cake Volume Grade/Thkkener Water Depth Volume Detention Time Solids Loadin8 H~lrauli¢ Loadi.~ edymet Feed System Number of' Units Type of Unit Polymer Feed Rate Wa~er Flow Rate l'etcelatlen Pends Number Total Reuse Volume Tot Rejm Voh me Pentiurrk 66 ~ 7 l~tegution lqx DMA~ Interface only 4 Interface a~d Control Opa'u6oa 115 ~pm 10HP, I J00 rpm Komlh~e-Sander~o~ Komlx~n ORS-2 9,400 ~ 0.8~&2~ 140,~ ~ & S6,4~ ~ 16~ ~ 2M~ 40~~ 45 feet 12 feet 14~7S0 Idiom 24,3 hours $.9 Ib~:.day 89 ~xl/f~~ o. o2-s.o so. soo 1.5 msd 6 ~4.1 %$ MO Camp Dresser & McKm ([2C 5 provides~ to Chkx'inator no. 3, inorder to insure DEP Class 1 reGabil~ standards, Cldorinator no, 3 ~s'v~ the ~ contact baein~ Finally, ~or no. 4 is dedicated to ~arvice the odor control The Iqt~WWTF Jm six off-site re~ct md reuse storuge po~ls to which excen eflluertt h ~ Cam~ ~ & McKee 5.4.3 PBWWT'F Proce,~ Descrtpiton odda6on ditc~ then flows into a sin~e ino.achannd (boat)~. The dllumt from the darffler b fuaher ~ by a rapid rate nnd ~er. Next, the effluent ~ ~o a ~ ~ ~ ~ h $$ h:t in Icnl~ and hu an avu"a~ dtpth of'6.$ Ibct. TI~ dttmtio, tim~ for th~ ddadfl, c~tac~ d~n~ i, approxin~ oee (]) ~r. Ca~p ~ & McKe~ ~.4.4 Ouanttty and Quallty of lndt/ent and Eflk/ent TddeS-9 presents historical moflthlyinfluent ~~~~ 1904 and IDgs, TJmmontMy irdJumt md eflJueflt ~ of(XJOD~ ~d TSS fbr I~lnd IDgs are dso prmand in Table 5. 9. The irdAxmt c:ztxmacecx~ n~ ~ ~ (~D$) and total suspesxh~d sc~ids (TSS) ms/L'afld TSSt° $ ms/L' The aflnua] averaseda~iflfluent flow to the NCRWWTF in H~5 was 5.33 n~d (x-~ percent ofthe 8.s msd desiS, cspacity, Tabk S-10 I:~m~ I'dstorical flxx~xMy irdJueflt ~ ~ ~ ~ ~ ~ ~ 1~ ~ I~. The moutl~ infba~ Ifld eftbent ~ of{XJOD~ Ifld TSS fix 1994 Ind 1995 tfl dm pflsmed tn TaMe ~.i0. 'i'he in~uent CBODS and TSS avm~ for 1994 and 199S were 97.26 mid and 110.89 nwl, eflJuent concentr~iofl of C~OD$ to 20 mS/t, and TSS to S ms/L, The afln.ml averase daily jnfjuent~ 5.4.5 Current Effluent Ma~t FYogram ~ ~aP°sal r°r tlm l~C~VTF is ~ lx~ar~ b~ r~o ~n m~a ~olf ~ ~kinmd ws~risabobeinsuoed ~ VeteruPsk wiich k bnted nm to the NCR~, TableS-II iistsllm Camp Druser & Mc.Kee TABLE 6-9 12C 5 COLLIER COUNTY 201 FACILITIES PLAN UPDATE NORTH COUNTY REGIONAL WWTP WASTEWATER QUANTITY AND QUALITY 3~-M..onth , Raw Influent Avll. Final Effluent Av~ ADF ADF CBODt T~S CBOD~ Y~r Month (mgd) (mgd) (m~) (m~) (m~) ~) ;e~l~ 4.920 210.62 ~9,43 6,10= 2.~ A~ 4.23g 17LM 2~11 ~ 5.274 ..... S.~ , 210,~ 251.~ 2.40 2.80 TABLE $-10 COLUER COUNTY 201 FACILITIES PLAN UPDATE PELICAN BAY WWTP WASTEWATER QUANTITY AND QUALITY 3-Month .... Raw Influtnt Av~, Final Effluent Av~, ADF ADF CSOOt TSS CBODt Year Month (mgd) (mgd) (mg/t.) (mg/t.) (~,1.) 1.~".4 Jan~&r]~ 0.586 - 66.50 ' 2.45 February 0.684 - 141.00 * 2.1~,. 1.01 kl~r~% 0.652 0.634 1M.83 133.29 ,2.4,3 1,10 AFNtl 0,704 0.673 gS,50 103,13 1,78 0,91 ~ 0.727 0,694 61,80 09.23 ..... ~ 1,70 0.~ June 0.765 0.739 72,40 62,13 1.47 1.13 Juh/ 0.787 0.70~ 46.50 70~19 2.30~ ;:,~,' 1 August 0.739 0.770 80,00 65,29 ZOO 0.77 ,T, Gi~ 6,-~ bet 0.719 0,748 61.25 ,,,89.13 1 ,OS 0,77 C~o~,~r 0.652 0.703 143.00 , 10Lg7 2.30 1.70 Ncrv~,'~bi~ 0.599 0,657 ,,, SS.00 123.50 1.20 1.14 1~g,$ January 0.688 0.~40 OS,SO 140.90 2.2B 1.47 I'~ebruary 0,424 0.582 15.5.06 203`45 3.05 3.18 Mlrch 0.680 ., 0.501 168,80 182.45 3.03 1.11 April o.e~o 0.505 117.50 125.87 3`03 1.11 ~ .... 0.675 0.679 08.BO 13S.74 2,54 1.00 June , o.~Tz o.a~z 68.50 68,67 1,43 1.02 July OMO ,, OMO 103,00 74,00 1,M 0,80 Au~u~ 0.650 0.M1 ~2.00 68,00 1.8Q :SelXembet 0.7~2 0,671 el.oo 72,00 1.20 o.81 O~obet .... 0.744 0.699 64,00 102.00 0,70 0.72 November 0.793 0,74~ 115.00 128,00 1.B0 O,M Decembm' 0.785 0.774 129.00 158,00 2.40 Av~fmg~ 0.S78 - 104.68 124.42 Z0~ 1,11 $OURC~ Moml~/Operlttng Reports 4 12C .5 1795 had an approximate irris~J'ble n of !,698 acru, with · cum~ raddmed water usa~ of 2,17S mad. This is approxJn~ely 37 percent ofthe 1995 combined araual ava'qe ~ ~ ~6,01 msd, School & Park) have been ~lded to the sy~em. In additi~ the Coumy h curm~ negodadn8 ruse with Stonebrid&,e, Pelican Strand and Island Walk On July26. 1995 aConseflt ~('F'fleNo, 9S-O437)wuissuedtothe~omi:'DEPbesedoa uni3ermitted dischrs~ fl-om the perco~ion poflds, Rep0m ~ that ovu'floM ofdtka=m eom the pe'cx3b6~ ponds to afl adjacent draina~ ditch which disc~ to tho Cocel~ ~ ~ 1~, A copy of' the Conseflt Order is provided in Appefldix n, The NCRW~/T~ has six on-site reject a~d rc~e s~orase ponds to which exce~ ef~cnt is dbclm'~xt ct :ity h The coun~ is phrmin8 to co~tru~ a pipeline ~ ~ N~~ to ~ ~ ~ ~ at the ~ ~ R.~ Water Trutmax Faa'r~ (NGP. W'T'F) to ~ additkmd disposal Camp Dresser & McK~ ccum,- m~; S,.34 12C 5 TABLE 5..I ! COU.IER COUNTY 201 FACILITIES PLAN UPDATE NORTH COUNTY SERVICE AREA REUSE CUSTOMERS AND FLOW COMMITMENT~ FOR PERIOD SEPTEMBER 1994 TI-IROU~ AUGUST 1995 M~in~n GolfC~r~ lrrisable Allocatkm ") Consumptionm Commitmem Acreage (rog, d) (ml~d) D~l'wered 25.4 Imperial GoU'Emte~ Veterans Padt 40 0.03 0,016 24,4 Pa~n Rl~er Golt'Course '/$ 0,70 0.171 37.8 Collier's Resente 506 0.40 0.151 43,9 Audubon 203 0.80 0.35 I P~can Bay 614 $,70 1,30~ 2.3.0 TOTAL Camp ~& McKee 12C 5 ~ ~ the Pelican Bay Wmew~ter Treatment Facaity is used entlr~/for ~r~ protec6on and irri~tion ofgolfco~rses tnd individual residential lots within the Pelican Bay devdopm~. ~, 5.4.6 F_x~'r~ So~ts Handlin~ FaoIities to uem dewatered dudge ~mm the SCRWWTF. The treated ruidua]s tr~ curm~ luuled tM disposed of'at the county's lafld~; how,~u., the county Pram to market the slud~ to a bulk user or to use it u suitable fill material in the near future. Treated s~udge ~'om the Pelican Bay WWTP is currently land applied, 5. 4. 7 H~ S/udge Prod~ Table 5-12 shows a sunvrm7 ofthe calculated sludge production at the NCRWWTF for 1994 and 1995. The ruiduals produced each month is listed in T~ble 5-12 and avcrased 5,616 pounds per day in 1995. The volume ofwuted rcsidu&ls is cllculated using the estimated net yield for the activated sludge sy~ent ~ is the amount ofslud~ produced from treating the CBOD, cr~ed by the o~anic matter in the w~er. The ~umed net yle2d for the activated shdgesystem is0.8 ib~ of biological ma~ whlch h pnxluced for every pound of CBODs treated. This rate is expected to be comisteflt at the Pdlcan Bay WWTP. The sludge quantity removed from the pl&nt includm both the biological solids and the inert Camp Dres.qer & McKee TABLE $-12 COLLIER COUNTY 201 FACILITIES PLAN UPDATE NORTH COUNTY REGIONAL WWTF SLUDGE PRODUCTION Date 1994 March tl June ust October November December 995 March · October 4.278 4.920 5.150 4.59O 3.461 3,291 3,916 3.592 3.960 4.23a 4.841 5.700 5.953 5.274 4.134 4.306 4.500 4.700 5.600 7.100 $.e12 Residuals Produced 334 5,633 '~ 809 982 953 2, 925 3.950 327 152 083 3.801 4,318 837 ~OURCE: Camp l:)r~sar & McKe~ c~um~j TABI.~-12 ?rl~Vl? ~7 4.8 Current Sludge Disposal Sites 5.5 South County Regional Wastewater Treatment Facility 5.5.1 Facility Ovetvtew and History The SCRWV/TFisiocatedjust east ofU, S. 41 and south of'RatdesnakeHammock Road (CR.864). The · cirm/has a design capacity orS.0 msd and uses an extended aeration activated dudge treatment proce~ In general, advanced secondary treatment at the plant is accomplished using the act/rated sludge prix:e~ ~ ~ration and chlorination. The solids lan<fling system consists ofdudge dewater~8 and hauling ofthe dewatered sludge to the county landfill, The SCRWqNTFwas oHgina/ly~edin 19q] with acapackyof0.2 mgd. The plant capac~w~ expanded to 0.~ mgdin ~977 and to 1.0mgd in ~gr~ In ]~$,t~~wu~~to !.5 completed. Theexistlngsouthfi~tityb~to~tea~~to 16mgd- The site layout ofthe existing SCRWWTF b provided in Figure f,-9. The SCRWWTF is located in the center ora hrge residential cornmunity. Over the past few years, many of'the residea~ ofthe community have f~d sevend complaints about the ~lity with the primar/ (!) (2) C~) (~) Safety concen~ over the use ofpre~.~m/chlor~ gas near Ae~hetica assod~M with view of'facility from home~ C_mmal appearatx:e of fadl/ties perimeter and desire for improved landscaping COLLIER COIJNTY 20! F'ACILITIES PLAN UPDAT~ em...,-~,, Mu<. SOUTH COUNTY REGIONAL ~~.,,~* WASTEWATER TREATMENT FACILITY SITE PLAN (s) (7) (8) 1~ t,m~iated with drainage of ,.infall runoff'from tmdscaoe Ix-ms omo their No~e from plant equipment, and ~ from f,,:iUty li~htin~ ,t ni~. ofeach ~errmtive, along with · description ofthe pmbler~ and causes dted for correctiv~ nctlo~ was pre~a~ed to the Board of County Commissioners, The Board adopted the following plan ofaction in Au~.m 1994 to address odors ematmln8 fi'om the ~ ·Cor, stn~ a new headwodcs ~lity consisting oFmechanical bar scrmn and grit mmov~ systent Collect azx:l scrub the fool sir t. hrou~ · two sta~e I~cked towcr scrubber. · Construct · new cova'od aa~tion tank uti~ing ~e bubble d'd~used nemlon s/stent Collect and scrub an foul air tt~u~h: two stage packed tower scrubber. · Construct n mw blower but~ to provlde the necessa~ alt for the proposed aeratlon sys~ent · Convert the existi.'~ ~ ~ to a ~ stor~e ~ty. · Cove' the sludge aug~ ~n the solids hand~ng fac~. modifica~ons to t~e SCRWWTF a~ s~own on Figure 5-10. Those modifications at~ under comtmctlon and a~ estimated to be completed in August 1998 (Bna{ completion). ~[[f Camp Dre~er & McKee 12C 5 5. 5. 2 Pmce~ De,~pUon The w'utc, w~tcr flow tm~ad ,~ the $CR~ i~ pm:lomin~n~ dom~ic w~cwat~' with conm'butiom fi-om ~oma ~ asubli~ The foilow~ is a list otd~e proces~s ~t the sludgeh,nd]in~d dc.w~ng. Thaseunitpmcauasamda~cn*bed 6m. harinT~)te~13. Tha existi~ terms ofcunent computer mftw~rt Raw sc-wage ~nta~ the SCRWWTF throu~ existing 24 inch and 36 inch force maim, The two force maim me~ at the e~lucnt c}mu~ in the existing prgtnat~ ~ The p~ma~t stmctur~ cova'ad nera6on ba~ is bein~ ~ed as pazt ot't~e uplg~de~ This covered ~='ation basin will be locked in the ~:)uthea.st portio~ ofthe curra~ 48.5 ac~ s~te. The e3dstin8 o',ddation d~tch utilizes Orba~ aera6on disks mmin8 on shafts at approx,'hardy 50 rpnt with a re.re'ed ~na bub~ (Effma* ~ s~am. the solids iatve the clm~ers, they tm alth~ r~ycl~l back to the re'arSon basin or they are wasted eom Camp Dresser & McKee caumm m~ 5-40 C~LI~R C~NTY 201 FACILI~[S PLAN UPOA~ SOUTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY CURRENT & FUTURE UPGRADES/EXPANSION Irkgufl, NO ~-,,10 12C 5 COLLIER COUNTY 201 FACZLIT1ES PLAN UPDATE S~Y OF SCRWWTF PROCESS EQUIPMENT TREA~ PROCESS S4~'L~nS Type of Unit Scr~n Width Clear Spac~ Between Ban Scr~e~ Sub~ GHt ~am~ T~ ~ g~ui~ts ~ T~ ~h ~dth ~quid ~th Volu~ ~ation Ditch Volu~ Num~ o~ A~to~ S~ of A~tom M~mum A~tion H~mulic ~ti~ Clariflen Qu~tity Type of'Ci~fier Sludge Removsl Mecha~sms Diameter Area Volume Av~rs~ Daily per ClaVer Flow Surface Settling Rate at ADF Weir Loading Rate at ADF Detention Tm~e at ADF Weir Length 20 +] ~dby) 0.2511.0 ~ 3 feet maximum 2 Aerated 100 scfin 4O 6feet 7.75 feet 13 910 ~90,000 c~bic feet 4/6 40 l-U)160 HP 20.0 hours 15.o ro nOD,/]000 i 3,0 feet 2 Center Feed Tapered Suction Arm and Sludge 130 feet (e~.h) 13,'/5 feet 1.3'/nato. ~no~ (each) 4,0msd 300 glxl/tt] ]0,255 Slxt/L~ 8.2 hours 390 feet Camp Dresser & McKee c~Xlel TMLL~I~ W1i~? TABLE 5-13 (continued) COLLIER COUNTY 201 FAC~ PLAN UPDATE SUM:MARY OF SCRWWTF PROCESS EQUIPMENT TREATMENT PROCESS Return Activated Sludge Puml~ Quantity Return Sludge Pump Capacity Averse Return Sludge Flow Rate Pumping Capacity .~=.__D~n~c Head Waste Activated Sludge Pumps 3 12 mgd 8 mgd 2800 gpm (each) 24 feet Quantity Wute Capacity Required Pumping Rate Wa~e Sludge Production TDH Chlorine Contact Tanks Quantity T~k Volume Liquid Depth Serie~ Operation (Pre and Post 3 26O gpm/unit 200 gpm (each) 8,700 lb/day 24 ~ 2 gel (each) ,0 feet Chlorination for Filter and Effluent Pumps) Average Flow per Tank Detention Time at ADF Paralld Operation (lqltets and EI11uent Pumps Bypassed, emuent to Holding Pond) Average Flow per Tank Detention Time at ADF Emuent Filters Quantity Average Flow Average Flow pet Filter Type of'Fiher Hydraulic Loading Rate at ADF Filter Width Filter Length 8.0 mgd 22.5 minutes 4.0 mgd 4S,0 n~nutes 4 S.0m d 2.0m d Travdh~ Bridge 96o as (each) 1.45 ~m~/~~ 16.0 feet (each) o.o 12C 5 TABZ~ $-13 (continued) CO~ COUNTY 201 FACD..IT1ES PLAN UPDATE SUMMARY OF SCRWWTF PROCESS EQUIPMENT TP. EA~ PROCESS Effluent Pumpin~ Statiou Quantity of Pumps Type of Pumps Capacity of' Pumps Ef~uent Surplus Disposal TDH Belt Press DewatednI System Number of'Press~ Feed Sludg~ Slud~ Volurr~ ~ 1.~ ~lids B~ ~ ~d~ H~lic ~ ~e ~e Solids 3 Horizontd split case P~rcol&fion ponds 70 f~ 3 8,700 lbs/day 2 metro (each) t0-40 hr/we~ 13%-!~A 12(; 5 to rece~ approxlrrute~ 1,910 ~ ~ mitre under ~ month avet-q~ daily flow coflcFttior~ The ixinury method of~/~m~ ~ ~ ~ of'golfcours~ On-site or~ ~~on ~ ~ ~ ~ ~ ~ ~ Can~ Dresser & McKe~ 12C 5 5.5,3 QuanUty and Quality of lnfluent and Effluent Table 5.14 prmmuhistorical ~in~em t~nv forthe SCRWW'rF for 1994 and 199S. Themo~ int~ent and et~luent ~ of CBOD$ and TSS Rx' 1994 and 199S are also prese~ecl in Table S- t4. The ireuent ~ ~ oxTS~ aem.~ (C~OD~) .~d tot~ aa~naed ~ CrSS) ~ erase for 1994 taxi 199S w~e 136,45 m8/1 and !~3.10 m8/L respe~, The annual avera~ eff~ent (XtODs and TSS is 2.29 ms/L a~d 0,96 mlVL, mspec~ durin~ the two yea~ period of 1994 and 199S. The =6sting pem-,k limits the annual ava'age ~ of CBOD, to 20 mS/L and TSS to $ m~/L. The reported annuaJ average claily bxfluent {~w to the SCRWV/'TI: wu 3.24 mgd or41 percent ofthe 8.0 Review of'Bow records for the SC~WWT'F indicate that ~ to the I~lity has rtmained mlativdy constant from 1991 to 1994 at approxim~tdy3.2 to3.3 mgd while some growth was occurtfl~ Based Icr.v, Conv~'s~tions with plant operating ~ and site visits at the f~ inc:lic~te that the ttlxxled flows~ ~t ~,-," flow which is hei~ diverted to the p~col~ion ponds, resddns in Iow reported 5,5.4 Current Effluent Management Program Yo:dain~ water is ddivcrccl to ~ ofthe r~ddmed warn' Nora~ ~ located ~t the solfcoum~ The rcddmed water ~ora~ faciliti~ ar~ ~luipp~d wkh remote tdemetry unit 0LTL0 equipment to allow for opa'ational control via telemeu7 ttom tl~ wastewster treatment t~ility. Table 5- I 5 lists the cumml Camp Dresser & McK~ ~ TABLE $-14 COLLIER COUNTY 201 FACILmES PLAN UPDATE SOUTH COUNTY WWTF WASTEWATER QUANTITY AND QUALITY 12C 5 Yelr 1994 1995 Month Jal"'luIl"~. June October ADF 3.392 3.596 3.879 3.234 2.546 2,827 3.240 3.464 3.447 3.470 3-Month ADF 3,622 3.570 2.869 2.871 3.177 3,385 3,460 November 3.602 3,506 December 3.915 3.662 3.3a4 October 4.374 4.081 3,657 3.075 3.955 3.637 3.861 · 1.728 2.800 2.145 3.894 4,152 4.2O7 4.037 3.604 3.818 3.075 2.796 CBOCk 167.20 163,15 247.48 159.10 157,40 140,10 132.10 136.70 104.30 115.00 125.50 207.48 151.61 220,65 226,30 219,20 218.30 164.80 235.50 241.20 151.30 158.10 167.30 Ftrml Em~ A__~ C8ODi 2.90 2,10 2.30 2.50 1.80 0.70 1.20 0.70 0,70 050 0,80 0,50 0,70 1 94.20 1.60 0,70 2.31 0.71 194.30 1.70 1,70 1~3,40 194,70 2.10 1.10 185,90 192,20 2.50 1.10 158.70 181.80 2.80 1.20 1.10 124.09 106.00 179.87 2.60 2.40 1.90 2.10 119,00 100,00 88,00 130,00 87.00 2.50 November 2.224 135,00 164.00 2.20 0,70 December 1.400 2.115 150,00 170.00 2.20 0,70 A~ge 3.240 - 2.20 1A~ ~OURCE: Monthl O rattn Re rts Camp Dresser 8= McKee CCX.2OIJQJ TAI.E~.14 1n4,17 5-46 12C 5 2.07 mgd, this is approximately 64 peroem ofthe 199S ave'age annual daily wutewatet flow of 3.24 mild and30%ofthema,ximum~~of6.?gmgd, Since 1995, LelyRe~xtsC..ml/'C~ On July26, 1995 a Cort~ent Order 0rde No. 95-0437) was haued to the county fi. om~~m ~ed di~es fi'om the percolation pon& Reports bxlicated that overflows o/'~ from the constructed to en.~Jra that the ~:i]it~ is coosm~ed to emur~ that the f~3T~ and effluent dbi3osal system will function in full and be in cons/stent compliance with all applicable rides and regulatiom ofthe Coaier County ha~ constructed n new ! ~ m8d deep injection well at the SCRWV, rI'F s/re to provide back up disposal capac/ty to the reuse system during periods oflow reuse demand. & 5, 5 Existing Solids Handling FacilitYes The solids handling system at the SCRWWTF consisu of'belt eta' presses for dewatering the sludge. Dewatered sludge is presently hauled to the county landfill for dLqx)~. The county intends to haul dewatered shdge from the SCRWWTF to the NCRWWTF for treatment and uhimate d/sposal in the Camp ~ & McKee cGumm mt~ S..47 12C 5 TABLE COLLIER COUNTY 201 FACILITIES PLAN UPDATE SOUTH COUNTY SERVICE AREA REUSE CUSTOMERS AND FLOW COMMFrYiL~rrs FOR PERIOD SEPTEMBER 1994 THROUGH AUGUST 199:5 W'~Ism' Golf Courses Lely Resort P~lm Golf Course Foxfu'e Golf Course Countywide Golf' Course ~..~Golf Course PJverh Golf Course L~k~gxl Golf Cour~ TOTAL Irrigable $4 160 125 92 140 8S S3 9S4 Maximum Reuse Allo<~tion m 0.80 1,0 0.97 0. SS 0.:5 0.41 F~r~ted ADF Consumptionm 0,83 0.16 0.31 0.26 0.12 0.07 2.O7 P~:~t of' Commitment 104 16,0 16.3 26,8 16.4 18.2 I'/.I (!) (2) BL~I on existing Collier County User ~ts for delivery and use oftreated wastewtter effluent for spray irrisation ofsolfcourses. ADF Consumption is for Fiscal Year 94/95 Effluent Reuse Master Plan for the North County Service Area, update to June 1995 Repofl Hole, Montes & Associates and Hazen & Sawyer, November 199S. Camp Dresser & McKee 5 ,mec~r, ofl $ dakin 1~95. S~ce~svdumeis~lh.~ c~rq)c~ed ~)wvll~ thevd~ne tra~belowifthe reported ~ ar~ also Iow is discus~ in Sectk~ 5.4.3. was~e~ter. The unJn~ net yield ~c~'tha s:tlvat~ ~ ~ k 0.a ~ of~ m which is produced for every pared of (~OD, treated. The dudse quanfit7 removed ~ ~ ~ 5.5. 7 Current Sludge Disposal S/res Dewnt~ ~ ~ t~ SCRWWTF b ~ hauled to tha coun~ hnd~ Rx d~x)~aL In the ne~ future, ~ d~ slud~ v/dl be hauled to the NCRWWTF ~3r treatm4~ to Ous AA standards and 5.6 Collection and Transmission System pump s~ons, wh~ it is th~ pumi~ into the ~onii wa~cw~a' m~ment fac/lity. Camp Druser & McKee ccu~m mw; S..40 TABLE ~.16 COLLIER COUNTY 201 FACILITIES PLAN UPDATE 12C March October November 1994 C~obef November Decem~r 1995 SOUTH COUNTY REGIONAL WWTF SLUDGE PRODUCTION FI 3.392 3,59e 3,a79__..~ 3.234 2.546 2.827 3.240 3.447 3.470 3.e02 3.015 4.1~ 4.374 ' 4,081 3.657 3,075 3,955 3.637 3.M1 1.728 2.145_....~ Residu~ls Produced 3 ~18 828 599 3,102 353 2.618 2.124 2.280 441 4.707 4994 755 3.057 52e 2.525 993 1,58e SOURCE: 1 Month r~ti Re rts C.~mp Dresser & McKee cc~3m.~J T~ILE 1-11 ~utu 5-3 uyi J.4 aid u chc:un~ iff .~ctlon 5.2. The north serv~ area collection ~em comi~ ofqaxoximatdy 2~ maes ot'~re,/ty ~.ers md lbrce maim md 24T ixanp stadons. The south savice area colkc6on system comists ofaplx'ox~ntdY 300 The ~ ~on system in the no~ senate area consim ofmasIer Pum~ stature md a tbece Cm~p DTm~ & McK~ ~S Vm6a'biit ~ The forcamah ak~thi~roMrm~h~~ 12indmto361nch~wlththa ~S 5.6.3 I/'~t~mlYon and e~s pcrlod wu S.S2 rnsd. Uslnsthe exb~b~ pernun~ ~ or3Uzo. ~ruuMr~perca~a 5 COLLI~ COUNTY 201 FACILITIES PLAN UPDATE SUMMARY OF PUMP STATION I~I]~GENCY lump Stttiou°) ~ t~mmmmmml 103.00 107.00 :3OO.OO 301.00 302.00 303.00 304.00 305.00 306.00 308.00 309.00 310.00 312.00 313.00 317.00 Connected 17 134 IlS 230 224 2OO (2) 2S0 2-2~0 125 ~0 ~0 125 2-~0 ~0 (l) Two additional pump mtlom 016.00 and :318.00) are equipped with ~o~ however, due to low flows tl~ pumps Iwve been mnoved. (2) This pump ~tion is com~ed to the 800ICW e~ Senent~ tt the $CRWW3T. 12C 5~~ TABLE $-20 COt. l.mR COUNTY 201 FACR. ITIE$ PLAN UPDATE HISTOP,/C.M., NOR'ItUSOUTH LIFI' STATION DATA 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 247 61 69 TABLE ~-21 COLUER COUNTY FACILITIE~ PLAN UPDATE NORTH COUNTY INfiLTRATION EVALUATION P~rlod Flow (mga') Population GPCD May lg95 Decem~r lgg5 September lgg5 4.81 38810 6.285 51234 South Service Area 1essa' ~tio~ow as compared to the nort~ service Iz~ s~st~, As · resula: ma~t~dz~ ~, ird~'nation is detect ed. Theefom. the hiltrat~ and inflow in the ~azth ~ am b n°~ ~xPe¢~ t° be 5.6.4 Sewer Maintenance Sysfem ~ Dmn~ & McK~ ~ 5 5.7 Significant Developed Areas Sewed by Onsite and Nonconventional Systems t~m~ ror.d~e censm~on ot'Omlte ~ ~ ~ ~ ~ ~ t° m ~ 1995 comer ~ (:~Mth MamSen~nt Prin. ~e~ 300 sePtiC tank ~ ~ Iow enouSh to dtsi~nlte than u appropr~e for It'ptic tank STstcms. Accordln6~, the c°unty 5.8 Existing Water Conservation Program The reSulU/on ofconsumptive us= ot'waer rescx.~ f'~ ~e no~ ~ souih service arms h the respon~hllrX of~e South tlod~ W~= ~ ~ (S~?MD)~ ~=WMD lssum w~= u~ Camp Dres~ & McKee ~onS The coun~ is ~lso desi~neted u I Cr~:~l W~ter SuPi~ Problem Are~. In u~s ~ed u Cdtic~ Section 6 Future Conditions 6.1 General This section ans~z~ f~ture conditions (l~'/to 2017) in t~e north and south service areas ortlm 2Ol plaming ama of Co~er County. These included land use. demog~ and economic~ and wutewater flows and wute loads. ~':' · ~ ?' & 1.1 The Coll~er County Comprehensive Plan Overv~w Collier Coanty's Growth Maaa~n~nt Plan's Sanitary Sew~ Sub-Element (amended The (]mwth'~ Plan further states that to establish criteria to determine capac~ nceds and Camp ~ & McK~e 12C 5 standards will be armuaXly compared to popuhtlon data to determine demand. Another elemem ofthe Growth Ma~ Plan indicates the need to address the ions-term means o~ dudge m~d ~ dispoul with the c~j~iv~ of'developing a method ibr their utilintion u a recyclabb source. 6.2 Land Use t99s), include: Conserwtionfl~uer~tio~ Land~ ($~.$%), A~ tends (tLS%), U~ Lands (14.0%), and Developed Lands (~.2%). Thisland breakdownislisted tn Table 6*!. The Developed Lands category in this table is flmJter broken-down into the. f~lowtn~ componen~ These acreage s include lands that are m varyin8 degrees ofdevelopma~ ('tarfa.sins:turn Land use within the 201 plannina mca is projected by various plarmin8 bodies; however, future land use must conform to the Collier County Com~ Phn and its objectives, The C~lier County TI~ land use catcgories are not projected to chan~ or be .mdi.qed in the f~ture. Zorn8 codes are e~ to ~hanae for some sectlons of land as part oftlm Cm~x~heMt~ ~~ ~ a r~ mix or U~L wo~ sho~ns, f~d recrutio~l ~ in ~ bes~ su~ed ~ Camp 12C 5 TAJ3LE 6-1 COLLIF~ COUNTY 201 FACE.1TTES PLAN UPDATE COt.LIER COUNTY PLA.NN'~G SERVICES DEPAR~ 199S LAND USE Co~erv~tion/ Developed Undeveloped Prescription Agricultural Pbnni~ Land 14nds t.~ds t. ands North Naples ! 0,421 5,207 1,794 1,90 I South Naples 5,141 4,700 917 2,834 Central Naples S,$73 I,$92 100 Naples 4,013 2,045 229 124 Marco 6.030 6,123 17,904 113 7.171 1.616 97 143 Urban Estates 10.3 23 $. 165 42.4 6,006 Rural Estates 49,$43 12,161 132 19,415 Fakal~lm 6,077 109,136 172,070 59,045 lmmokalea 3,75S 3,440 67 5,921 ~, i I I ~,957 2.1,733 139,766 Bi~ L'~ 52 15.347 $71.$36 9.961 Total 108.910 185.489 '/~7.003 So.ce: Total 19.323 13,591 7.6s3 6,412 30,170 9,027 346,328 13,1[3 181,267 596,S96 1,32'7,020 Collia~ County Planning Services l:~m~t for the Evaluation and Appraisal Report ~ ~ & McK~ 0o1~t TJ4~Ul Inly? TABLE 6-2 COLLI~ CO~ 201 FACILITIES PLAN UPDATE COLLIER COUI~rY P~G SERVICES DEPARTMEI~ 1995 DEVELOPED LAND USE N'~th N~les Sou~h Naples ~ N~I~ East Naples Golde~ G~ta Ual)an EstAtes Rural Estates Corkscrew Bi$ C~mss '1'o~1 Source: Note: Residential 8,958 4,"'/78 4,649 3,383 5,566 6,842 10,102 48,899 4,859 2,277 797 8 101,118 567 186 326 415 286 163 $1 192 427 136 12 27 2788 418 0 ~2 37 0 0 0 0 229 0 12 1844 Institutional 477 177 179 165 171 451 184 1,113 2 6 3,158 To, al 10,421 5,140 5,572 4,014 6,030 7,171 10,323 49,542 6,077 3,7SS 53 Collier County Plannin~ Services ~t t'or the Evaluation and Apprsisal Repo~ .Property used for Cotmm~al may not necessm~ be zoned fox' C~ · The pla.,ming commurdty acreage has not been broken-down to indicate the pefcentase within the WutewateT Service Area. Camp Dm.er & McKee ~4 6.3 Demographic and Economic Projections & 3. f Pemmnent Population Pro. lec~ns The ~on of Collier County, LI rt~)rt~ by tho 1990 Cemu~ ~ 152,099 (N~ and £v~r~Jad~ included). To determine population projection~ and ~ub~luent wtstew~er ~ to the tn~atm~nt pl:~,~ in tho 20 ! plan~S ~ the comty wu divided Jato two plami~ ~ plam~ con.,mu~ ~ t~r Trio Am~: zor~ (TAZs:~ · pt~nnins Comn~nity. TI~ la ttw~ lax~est ~ unit used bY CoiFs' C°untY Planni~ Service Depa~nent. Colller County is divided into 12 plarmin8 coaununitie~ Not all the w'vioe ~ are used in calculating population and w~t~o' flow projectlom, Figure 5- wutewater ~'v~ce axta~, · Traffic ~s Zon~ (TAZ) - This Lt the ~llest Plaxtain8 unit m°d bY C°llier C°unty plaradng Sendc~ DeparUnent. The Cou~ la~ 2~9 TAZ~ Onl~ the Traf~ ~ popul~tlon taxi vastew~er flow projectiom, Figure 5-2 show~ the rel~tiomhlp betwem Camp Dresser & McK~ ~-~ TAnLE ~ CO~ COUNTY 201FACR.FTIES PLAN UPDATE NORTH SERVICE AREA POPULATION PROJECTIONS Communities 2000 200S Nort~ Naple~ 40,40S 47,~20 Central Naples 2,442 3.189 Urban Estates 10,153 13,802 Rural E~tltes 746 7S9 TOTAL population $2,745 65,671 Note: These numbers reject tim TAZ that am ~ the Nort~ Regional Wastev~t~ Treatment Plant Servlcearet The TAZbeln~servedbyseptlcsys~emswemnottncluded. GoldenGa~ l~.ming Co~ty is partially within the North Se~tce Area, but currently this aru is bdns se~xl by either Florida Citle~ Waters or l:.'ivate septic systems, ppdu- people per dw~lin8 unit st- ~sle family lnf'- multi-family ~ Dr~m' & McK~e (XX301 TMLBI~ ?;I?)N 6-7 T,U~LE 6-4 COLLD~ COUNTY :201 FACILrrI~ PLAN UPDATE SOUTH SERVIC~ AREA POPULATION PRO~ECTIONS Communlda~ 2000 2005 Ceat~ Nlpl~ 7,$7g 7,631 9,799 F. ut Nlpla~ 20,$~ 2 !, I ~4 South N~pI~ 20,124 Royal Fdmp~/m 4,994 7,123 TOTAL population $7, I 10 62,371 Note: These numbers tdlect the TAZ that are vathin the South Regkmal Wutewam' Tremn~ Plant Se~ce area. TheTAZbei~~~ ~~~ (Oold~ Cma), because thls area h~tate ~. PmoftheMatco ~Coemmn~h wlthin the South Set,ce Are~ but pre~ntly h not beb~ ~ ~ ~ ~ ~ ppdu - people per dw~ina unit m~'= ~.dti-t'imil7 12C 5 · Tie mobil~ homes within each planning community were muttipl~ed by the appmpdat~ ppdu factor and added to the single and multi-ftum'ty populations, · The planning community populations ~ then summed together to calculate a total population for the North and South Service Areas sepantely. North Sen/ce Area ~ North Service Ar~ includes the followln8 five Planntn~ Communities: North Naples, Ud~an Estates, Central Naples, Golden Gate and Rural Eststes. The North Naples Service area is anticipated to experience steady growth for the next ten years. Areas ofhlgh, reed'mm, and Iow growth, based on th~ number of antlcipated dwellin8 units, ate shown in Figure 6-1. The population associated with this dwelling unit growth is shown in Figure 6-2. The population projectio~ Rzr the North Service Area closely resemble Collier County Comprehensive Planning Sections Ady I, 1996 North Sewer Service projections. North Naple~ residential end undeveloped. As ofM~,.h 1~6, tlete were appmxlmatdy 22,240 total dwelrm~ units within ~s planning community served by either the NCRWWTI: or the PBWWTF; this includes single family, multi-fb~u'ly smd mob0e homes. It is projected that this planning community will experience major growth alon~ Vanderbilt Drive, Vandes'oilt Beach Road, U.S. 41, and Airport Road during the next 10 yeart Increased wastewater flows are also expected at the treatment facilitie~ because the three package plants located within this planning community are projected to come off line before the year 2005. Urban Estates ~ Urban Estates planning community lies in the northesstem portion ofthe coastal ut'oan atet Almost the entire planning community lies within the North Servi~ Area except for two TA7,s in the north est corn~'. The majority ofthe land uses witl~n the Urban Estates plann~ comneaity ate Camp Dresser ac McI(~ ~-e NORTH SERVICE AREA 11') s i 0 t~. 2ML ~ ,, I '! 181 IN-1 KAC~N BeV& N-2 FIRST BAP"I1ST CI'IURC~ N-3 N~:q.E:S PL.~ZA N-4 SANOY R1CK~ LASC~q ~Xl~ ~I~NNil~ ~OMM~INIT/~ I - NORI~I 2 - Ct'NIl~AL N~ 3 - OOLDEN GAI~ 8 - RL~AL ~STAT~S 12 - UR'~RN COLLIER COUNTY 201 IrACILIll£S PLAN UPDA1~ NORTH SERVICE AREA DWEMJNG UNIT GROWTH res/dentlal, und~vefloped and ~-icultural wi~h wine commercial. Aa of March 1996 the~ were approximately !,950 dwelling units served by the NCRWWTF. Th/s planning community is projected to triple in the number ofdwelling units thet will be served by the NCRWWTF. The large~ ~-owth is anticipated to be around the 1-75 overpasa ofV~lerbilt Be~ch Extension ~d the 1-75 interchange with Immokalee Road. There is one package pleat within this planning conununity that is ~ticipeted to ~ome off'line. Central Naples (North Service Area) The Central Naples plazming community is adjacent to the City of'Naples: this planning community is split by the North Service Area and the South Service Aret The north portion ofthe Central Naples plazmlng community is served by the NCRWWTF, with the reminder of'the planning commu~ty served by the SCRWV/TF. This area is zoned pr{manly tesldentlal, with a small portion consisting of conservation/preservation. As of March 1996 there were approximately 850 dwelling units being served by the NCRWWTF. It is projected'~Eet this Planning community will experience the largest amount of growth around Pine Ridge Road and ~umre Livingston Road. Golden Gate (North Service Area) The Golden C~e planing ~nJty is I~i~l ~n the central portion ofthe county. Tl~s planning community is split bY the North Service Area and the South Service Area. At the present time, there is no wastewater service provided by Colher County in the north portion of the Golden Gate plan~n8 community. This area ~S'belng se~ed by either Flor{da Cities Water, Inc. or by pr{v~te septic systems. The majority ofthis area is zoned estate residential, undeveloped and commercial. It is projected that growth in this plarming community will not result in.any increased flows to the NCRWINTF, because the county does not anticipate taking over Flor{da Cities Water, lnc.'s wastewater collection system 0~;'prc~ding wsstew~tter service to estate zoned lots. Rural Estates The Rural Estates planning community encompasses the majority of the northeastern portion of the County, with only two TAZs lying within the North Service Area. At the present time only the North Camp Dresser & McKee ~-10 CCX,,~I.~ 12C 5 County Regional Water Treatment Facility and a mobile home community are being served by the NCRWWTF. The land uses within the Rural Estates planning community consist primarily ot'estate residential and aress of' consen~tlon/preserwtion. So~l~ Service Area The South Service Area includes the following six Planning Communities; Central Naples, Golden Gs'e, East Naples, South Naples, Royal Falcapalm and Marco. The South Naples Service area is anticipated to experience steady, but slower growth than the North Service Area for the next ten years. Areas or'high, medium, and Iow growth, based on the number ot'anticlpated dwelllng units, are shown in Figure 6-3. The population associated with this dwelling unit growth is shown in Figure 6-4. The population projections t'or the South Service Area are slightly below the Collier County South Sewer Comprehensive Planning Sections July 1, 1996 projections. The increase in the population projection t'or 2000 is attributed to the PSC regulated treatment facilities and package plants coming off' line. Central Naples (South Service Area) The south portion or'the Central Naples plannlng C°mmunity is adjacent to the City or'Naples and south of Golden Gate Canal. The south portion ofthe Central Naples planning community is served by the SCRWWTF. This area is zoned primarily residential, with a small portion consisting of conservation/preservation. It is projected that this planning community will experience moderate to slow growth. Golden Gate (South Service Area) The Golden Gate planning community is located in the central portion of'the county with the south portion lying between Golden Gate Canal and Davis Boulevard. The majority ot'this area is zoned estate residential, undeveloped and commercial. As of'March 1996 there were approximately 4,910 dwelling units served by the SCRWWTF, with the remainder of'the area being served by either Florida Cities Water, Inc. or private septic systems. It is projected that this planning community will experience rapid growth in the area between 1-'/5 and Davis Boulevard over the next ten years. Camp Dresser & McKee GOt.201~ 7~11~7 :' · . ....;~ ~ ~:~ ::~ ~':.' ~.... :%: ~////~ . ~ ~ ~ . ..:~-..... ~ ~ ,.-.. ,,~ :~ ~. souT~ SC*L~ ~'~',~ ': ~ .......... j ~ ~ ~ as-~ ' ' ~ , '' , ~ '~ .......... ~ ~ ~ ...... ~ .... Ds-6 .. ~ ~ ~ eAC~CS ra~r~zsr rm.'rs 2 - CEN~AL NA~[S t~ t6 ~ TALL OAKS 6 -- MA~ ~5 ~AK[ C~ 7 - ROYAL FAK~ALM C~LI[R C~N~ 201 FA~S ~AN ~DA~ Comp Drell~ ~ UcK. SOU~ SER~CE AREA ~ ~ ~a D~LUNG UNIT GRO~ 12C N I'1 ~ East Naples The East Naples planning community is located adjacent to the City of Naples and is south ofthe Central Naples planning community with the entire area lying within the South Service Area. The land use within this area consists primarily ofresldent~g, undeveloped and commercial. As or'March 1996 there were approximately 10,600 dwelling units served by the SCRWWTF. It is projected that this pla~tnins community will experience moderate to siow growth throughout the planning commmity, because most ofthis area is approaching build-out. South Naples The South Naples planning community (5) is located in the southwestern portion of the coumy. The entire South Naples plannlnS community is located within the South Service Area. This plannlns community is be{ns served by the SCRWWTF, but includes areas ~ by private septic systems. The majority of the land use within the South Naples planning community is residential with some of the remaining land uses being conservation/preservation, agr{cultund and commercial. As of Match 1996 there were approximately 9,0~0 dwelling units served by the SCRWW3T. It is projected that this planning community will experlence high growth between 1-75 and Davis Boulevm'd and also gong the north side ot' East U.S. 41. Increasing wutcwater flows are also expected at the treatment facilities, because three private package plants and two PSC regulated package plants located within this planning community are projected to come off line. Royal Fakapalm The Royal Fakapalm planning community (7) coven the southeutem portion of the South Service Area. The land uses within this planning community consist primarily ofagricultural and undeveloped lancL As or'March 1996 there were approximately 200 dwelling units served by the SCRWWTF within this planning community. Overall growth in this planning community will be moderate. There are two package plants within this planning community projected to come oft'llne. Camp Dresser & McKee CC~2~1~1 ?n4/I/ 12C .5 Marco The Marco planning community (6) is located in the southwestern portion or'the County. This planning community has several TA7.~ located wld~n the South Sc~wice Area but currently has no service to thcs~ z~cu and no projected growth through the year 2005. 6.3.2 Seasonal Population Projections The metropolitan Collier County population is greatly influenced by the seasonal impacU of' nonpermanent residents. The county Planning Department e~tlrnates that seasonal residents, vacationers and tourists increase the county population during the winter season by u much u 32 percent (Effuent Reuse Master Plan for the North Service Area, 3une 1994 and Effluent Reuse Mastcr Plan for the South Service Area, December 1995). The impact of'seasonal population ~ on wutewater flov,~ is apparent in the peak month and th-ce-month average daily flows. Thk i~ explained ~urthet in the discussion on seasonal flow variation (Section 6.4.4). 6.4 Forecast of Flow and Wasteload 6.4.1 Average DaJy Base Flow County Growth ~ Ptan, Sanite7 Sewer Sub-dement, Amended September ] ~ ~ ~o~ ~ ~ ~ of~ ~S) ~s ~ ~ ~ mm~ to ~ ~ N~ C~ R~o~ W~ T~ Fa~ll~ ~~ ~d P~ B~ W~ T~t F~i~ ~B~ for the ~ 1~1 to 1~6 ~on8 ~th ~e ~ dat~ ~ ~ the ~r ~plta flo~ ~n ~ch y~r ~ be p~i~ly a~dbut~ to ~ual COL3glM ?711)17 TABLE $-5 COLLIER COUNTY 201 FACILITIES PLAN UPDATE COLLIER COUNTY WASTEWATER SYSTEM PER CAPITA WASTEWATER FLOWS NORTH COUNTY REGIONAL SERVICE AREA ~EAF 1991 1992 1993 1994 1995 1996 POPULATION 28,082 30,800 33,226 35,652 38,810 41,425 INFLUENT FLOWo) 3.08 3.48 4.34 4.93 6.01 6.40 PER CAPITA FLOW 110 113 131 138 155 154 (INCHES) 66.8 48.5 59.2 56.6 81.1m 35.3 Notes: (1) Includes NCRWWTF and Pelican Bay WWTP. (2) Annual average rainfall in Collier County - 52.5 Inches. (3) A significant rain event occurred in October 1995 causing local flooding throughout ~The summer end fall also had excessive rainfall. Camp Dresser & McKee 8-14 in r~nfall, Between 1993 ~nd 1994, m~rual r~nrali was wlth/n 10 percent ofnorrn~l. 1995 w~s a year ot'in~ hu~c~e and rainfall activity. In addition, the flow measuring devices at the NCRWWTF underwent repairs and improvement in 1991.1992. B~cl on this ird'orn~tion ~xl the trend of increasing per capita flow~ years 1993 through 1996 are selected for establishing ~n LOS standard. Pet capita w~stew~tet flows during these years averaged 145 ~lions pet capita pet day (gpcd). Using this ird'ormation, flows and wastewatet treatment and transmission requirements for nc.rth service area of the 201 planning area are projected based on 145 gl)cd since an increasln$ trend was observed in the data. This value includes base wastewater flow, groundwater infiltration and rain-induced in~ltration and inflow. Table 6-6 presents the per capita wastewatcr flows {'or the South County Regional Wutewatet Treatment Facility (SCRWWTF) along with rainfall data. The data shows a per capita flow 0£88 gpcd bued on six years of'data. The effluent flow d~ta does not include the flow to the onsite percolation ponds. The data does not indicate a correlation between rainfall and pet capita flows; the lowest per capita occurs in 1995 which had an abnormally large amount ofralnfall. The lack of co-relation between ndnfall and pet capita flow is due to use ofthe onsite petcolatlon ponds which are unmetered during the wet season when reuse sites accept less water. A planning level pet capita flow or' 120 gl)cd will be used for the south service aret This value is reasonable based on wastewater flows in similar communities and the per capita water use (185 gl)d) in Collier County. Modifications to the SCRWWTF will provide an effluent flow meter. Per capita flows should he monitored and the level of'service updated based on the Esture flows. The projected flows for the 201 plannin$ area are shown in Table 6-7. Camp Dre~er & McKee CC~.~I.~ TABLE 6-6 COLLIER COUNTY 201 FACILITIES PLAN UPDATE 5 COLLIER COUNTY WASTE'WATER SYSTEM PER CAPITA WASTE'WATER FLOWS SOUTH COUNTY REGIONAL SERVICE AREA YEAR POPULATION ~ PER CAPITA ~ (MGD) FLOW (INCHES) 1991 36,127 3.62 100 66.8 1992 37,344 3.27 88 48.5 1993 38,484 3.81 99 59.2 1994 39,440 3.38 86 56.6 1995 40,924 3.24 79 81.1m 1996 43,745 3.59 82 35.3 Notes: (1) Flow ts from effluent flow meter and does not Include flow to onslte percolation ponds (2) Annual average rainfall In Collier County - 52.5 Inches. (3) A significant rain event occurred In October 1995 causing local flooding throughout lhe count ..~~ Camp Dresser &: McKee CCX.2OI.X~J TAB~.EI-~ 6-16 TABLE COLLIER COUNTY 201 FACILITIES PLAN UPDATE 5 201 PLANNING AREA FLOW PROJECTIONS BY SERVICE AREAS 2000 2008 2010 2017 North 7.79 9.52 10.81 12.70 South TOTAL 14.64 7.$1 17.05 8,52 19.33 10.02 ~..72 Flow projections are in million gallons per day. C~'up Dress~ & McKc~ 6-17 CC(.201,,~S TA~.E~-? ?,'14~7 12C 5 4.2 Future Industrial Flow The ~uture industrial flow for the Collier County 201 plazmJns a~ea is included in the flow projections since the latter ate hued on a per capita f~gure calculated f~om the wutewater flow data for the influent treated st the treatment plants. 6.4.3 Level of Service Standard ~ The Collier Growth Management Plan, Sanitary Sewer Sub-element, amended September 19S$, states that the adopted per capita levels of'service (LOS) stanchu'ds ~ be annually compa~cl to population data to determine demand. Table 6-8 provides the level or.vice standards for mun~c~pal;tiea in southwest Florida. Level of service' stand~cls are expre~ed as either a total pet capita wsstewater flow or a residential pet c~ita wutewater flow. The total wutewater per capita flow for Collier County (130 gpcd) is wlt~n the tan~e ot'va~es observed tot southwest Florida. 6.,1.4 Septage ,.~ ..... At present, ~1 the septage generated in the Col~|er County 20! plamting area is hauled to the HCRWWTF headworks where it is treated alOha with the influent wutewater flows. ~ county plans to ~ septage I~ndl~s and rece~ng t'K~tles at the NCRWW'W upon the next expansion or 6.4.5 Seasonal Flow Varia~ons WUteWater flow is expected to vtry by changes in seuonal population. As described in Section 6.3.2, during the winter sea.son the population of Colller County increases by as much as 32 percent. The increase in population results in increased wastewater flows during the winter, Based on a C~np Dr~s~ & Mc~ CX:X.201~I 7/1147 12C 5 COLLIF.~ COtrNTY 201 FACILITIES PLAN UPDATE LEVEL OF SERVICE STANDARDS Municip~lity Collier * North Service Are~ 145 Collier * South Se~ce Area 120 Ch~dotte SS Lee Ft. Myer~ 75 Naples 150 Cape M~natee Venic~ North Port 80 Camp Dresser & Mc. Kee renew ofthe historical data on wasteweter flows to the treatment plants located in Collier County, it appears that the wastewater flows in the v~ter are approximately 20 percent higher than the annua~ avcrage daily flows, Even though the population increases by approximately 32 percent in winter, the increased flows due to ~aJ1 during the wet summer months keep the overall ~ average daily flows high, thereby resulting in peak winter flows which ere within a 20 percent increase on the annual average flow. 6.4.6 Water Quality and Residuals Sol/ds Reducffon In.fluent water qunlity is expected to remain within ~storic~] Fanges ~ presented in Section 5. No si~r~ficant changes in land use are expected through planning year 2017 which would impact the characteristics of'sewnge entering the wastewater system [n the 201 planning area. However, ~ fitctors may result in improved effluent water quality: (1) increased regulatory concern over effluent water qua~ity resulting in incorporation ofaddltlonal or advanced treatment processe~ and (2) incorporation et' advanced treatment l:n'ocesses as part ot'a facility's expansion or construction ot'a 6.4. 7 Res/duals Producb'on Table 6-9 presents the sludge production estimates for the north/central and south service areas v,.astcw~er treatment plants in pounds per day (PPD). These estimates are provided for 2000, 2005 and 2017 and ~e based on flow projections as shown in Table 6-7. Tho an~ount of wasted residuals produced is calculated was projected usin~ an estimated net yield for the activated dudge system and historic CBODs removal rates at tho NCRWWTF and SCRWWTF as presented in Section 5. The usumed net yield for the activated sludge system is 0.g pounds et' biological mass which is produced for every pound of'CBODs treated. The projected sludge quantities include both biologicaJ solids and the inert solids, As is evident from Table 6-9, sludge production is directly proportional to the increase in wutewater flows in the service areas. Camp Dre~et & McKee ~ TABLE 6-9 COLLIER COUNTY 201 FACILITIES PLAN UPDATE 201 PLANNING AREA SLUDGE PRODUCTION BY SERVICE AREAS YEAR NORTH SOUTH ~ SLUDGE, SLUDGI 2OO0 2005 2017 7.79 9.52 12.70 8,413 10,284 13,719 6.83 8,969 MGD = Million Gallons Per Day PPD = Pounds Per Day (1) Based on hlstodc CBODs ~m~i~te of ~ Based on hlstoHc cBODs removal ~ Camp Dresser & McKee CCX.2~I~q.S TASI~I-~ 7~14,17 6-21 It should be noted that ~e current operating pamnetets ~d sludge yield coe~cient were used in ~hese projecdora. Any improvements in the ptocm m~de during the plant expansions ot upgrades could lower the y~eld coef~cient ~nd lower the projected sludge qu~ntit|el. 3.2. C 5 Section 7 Wastewater Management Alternatives 7.1 Introduction In accordance with the requirem~ts of F]:)EP for 201 plan& alternatives for t~s~o~ tr~tment ofw~ater, ~d dispo~ o~e~u~t ~d ~idu~ ~ b~ d~lop~. ~ch ofth~ ~t~ti~s is pm~t~ in t~s ~ion ~ong ~th the ad~a~ ~d di~d~tagm o~the ~t~t~. ~e ~tematives ~e ~uat~ ~nh~ and ~k~ ~or p]~ ~l~ion. ~e ~ol]o~n8 ~t~t~ For ~on ~d ~tm~ h~ ~ d~lo~: · Alternative I - · Alternative II - · Alternative III - No action alternative Optimization ofexistin8 facilities (Two treatment plant service areas) Two Interconnected Treatment Plants 7.2 Effluent Disposal Options Effluent disposal options are presented in this section. The options are evaluated ~unher in Section 8 or'this document. One effluent disposal option will be recommended. This option will be used t'or each or'the three transmission and treatment alternatives outlined in Section 7.1. 7.2.1 Golf Course and Urban Reuse Irrigation ot' golf courses, lawns and green spaces has a history or'success in southwest 1:1or,da. Public acceptance is also higlL as reclaimed water is often available durinl~ times of'drought and water shortages, when potable water is limited and water restrictions are not posed. The planning area contains many sites with a potential for beneficial reuse. T~ese areas include not on.ly potential reuse for irrigation purposes at the local 8ol£coutses and parks, but also the urban Camp Dresser & McKee co~7 i~ ~,, 7-1 ~? irrigation potential at the residences within the wastewater system service area, The county currmtly has an urban reuse system which is operational and serves u the primary means of'e~uent disposal For the three existing county-owned treatment plants in the north and south service area~, Four reuse alternatives will be evaluated for the 20-yea. planning period. The design year is 2017. The alternatives include the following: · Option No. ! - Existing Reuse Customera · Option No. 2 - Reclaimed Water Interconnect with Additional Customera · Option No. 3 - South Florida Water Management District (SFWMD) 100 Percent Reuse · Option No. 4 - Wellfleld Augmentation Alternative Reuse Alternatives Existing and potential reuse sites are shown on Figure~ 7-1 and 7-2 for the north and south service areas, respectively. 7.2.1.1 Option No. 1 - Ex/sting Reuse Customers This option includes serving the twenty-three existing reuse customers which currently have muse agreements or pending agreements. Table 7-I lists the reuse customen and their estimated averase annual irrigation demand. In 2017, the average annual reuse demands bom these customers is estimated to be approximately 14.42 mgd which is approximately 63 percent et'the effluent generated. Camp Dresser & McKee 1,01 alP[RiAL GOUt £STATE~ 1.02 COLU[R'S RrS~RV~ 1.03 AU~B~ 1.04 PALM ~R 1.05 ST~[BRI~ 1,07 ~A~ CREEK I.O8 P~ICAN BAY I.~ 1.10 1.11 ~DEMERE 1.12 S~RUNG OAKS 1.13 ~ANDS 1.15 PELICAN MARSH 1.1& GALOOSA BAY 1.17 BI:Nll. Y 1,18 LONGSHOI~: LAK[ 1.19 OUAIL V~ST 1.20 VINEYARDS SCHOOL & PARK 1.21 ~[Y OAKS 1.22 1.23 ISLAND WALK "1 R 25 E: R 26 £ NORTH SERVICE AREA lAY WAST[WATTR C:USTOhlL"R'S R 25 E R 26 £ Note:, Reute Comp Ormer ar IdcKee Bated on Effluent Reuse Maste~ I~an for Nm'th Ceu~t Ser~ Hezee e~d , e~d HM du~e 199~. COLLIER COUNTY 201 FAClLrI1[S PLAN UPDATE NORTH SERVICE AREA REUSE SYSTEM ~ NAIQ~ 1.01 WINOSTAR 1.02 LILY ROYAL PALM 1.03 GLADC$ 1.04 F'OXF'IR£ 1.0~ C~Y 1.0~ L~Y HIBIS~S 1.07 LAK[~ 1.08 IR~ 1.09 EMBASSY 1.10 1.11 FIDDLER'S 1.12 ROYAL 1.~3 NA~[~ HE~TA~ 1.14 ~SPE~NG ~N~ 1.15 LAKE~ ~DI~SI~ 1.1~ SIERRA MEAO~ SUBDI~D~ 1.17 C~UER 1.19 RI~RIA C~Y ~F [$TA~$ COLLIER COUNTY 201 FACIUI~E$ PLAN UPDA'I[ SOUTH SERVICE AREA REUSE SYSTEM 7-2 TABLE ?,1 COLLIER COUNTY 201 FACILITIES PLAN UPDATE OPTION NO. 1 EXISTING REUSE CUSTOMERS CUSTOMER NORTH SERVICE AREA 2017 ANNUAL AVERAGE IRRIGA~ON DEIVlANDm (MOD) Imperial Golf'Estates 0.59 Palm River Golf'Course 0.26 Collier's Reserve 0.21 Audubon 0.35 Pelican Bay !.35 Pelican M~rsh 1.82 Caloosa Bay Club 0.06 Stonebridge ('N) 0.37 Pelican Strand/Reg. Village keN) 0.73 Island Walk ('N) 0.72 Vineyards School & Park 0. ! 2 Vineyards 2.23 TOTAL 8.81 SOUTH SERVICE AREA Windstar Golf'Course 0.44 Lely Royal Palm Golf Course 0.32 Glades Golf Course 0.29 Fox:fire Golf'Course 0.41 Average annual irrigation demand is based on 0.76 in. pet week irrigation. N - Denotes reuse mgreements are currently being negotiated C~.rnp Dresser & McKee (:X:)L201 TA~ILE 7.~1 ~11,~7 74 TABLE %1 COLLIER COUNTY 201 FACILITIES PLAN UPDATE ALTERNATIVE NO, I (Continued) EXISTING REUSE CUSTOMERS CUSTOMER Countryside Golf Course I.ely Hibiscus Golf, Course Pdveria Golf'Estate Lakewood Golf Course Lely Resorts Subdivision Lely Resorts Golf Course Lakewood Subdivision (under construction) TOTAL 12C 2017 ANNUAL AVERAGE IRRIGATION DEMANDo) 0.21 0.42 0.21 0.15 1.54 1.0~ 0.56 5.61 5 (o Average annual irrigation demand is based on 0.76 in. pet week irrigation. N - Denotes reuse agreements are currently be~n8 negotiated Camp Dress,r & McKee . , C0L201 TABLE 7.~1 7-4 12C 5 Sec~m 7' Wa,tewater t~ement,aJtemat~ Improvements required for Alternative No. I include the following: · a 16-inch reclaimed water main to Lely Resorts to meet fiJture flow conditions · an 1 l-mgd deep injection well at the NCRWWTF · construction et'the 20-inch reclaimed water llne to the North County Regional Water Treatment Plant (NCRWIT) for deepwell inject[on · construction ofdeep injection wells at the NCRWWTF (! 1 mgd) and the $CRWWTF (18 mgd) to provide back-up disposal c~pacity · future improvements at the NCRWWTF and $CRWWTF reuse pump stations to increase the discharge pressures 7.2.1.20p~on No. 2 - Reclaimed Wafer lnterconnect with Additional Reuse Cu~torner~ This option includes construction ora reclaimed water interconnect along Pine Ridge Road and Livingston Road. Radio Road and Santa Barbara Boulevard to connect the north service ,.rea and south service ~ea reuse systems. Additional reuse customers adjacent to the interconnect and the existing system will be added. Table 7-2 provides a list et'the additional customers for Option No. 2. In 20i7, the annual average reuse demand for Option No, 2 is estimated to be approximately I?.tM mgd which is approximately 76 percent ofthe effluent generated. Improvements required for Option No. 2 include the following: · a 16-inch reclaimed water main t'or Lely Resorts to meet future flow conditions · an I l-mgd deep injection well at the NCRWWTI: · construction of a 20-inch reclaimed water line on Vanderbilt Beach Road from Airport-Pulling Road to the NCRWTP for deep well injection TABLE 7.2 COLLIER COUNTY 201 FACULTIES PLAN UPDATE OPTION NO. 2 ADDITIONAL REUSE CUSTOM,ERS 12C 5 CUSTOMER NORTH SERVICE AREA Wyndemere Kensington Grey Oaks Village Wdk TOTAL SOUTH SERVICE AREA ,~ Embassy Woods Golf'Course Naples Heritage ~ ~ ~ TOTAL 2017 ANNUAL AVERAGE IRRIGATION DF~uNDm 0.44 0.48 i.18 0.28 2.38 0.18 0.34 0.$2 Average a~mual irdgatlon demand is bUed on 0.76 in. pet week irdgatlon. Camp Dresser & McXee 12C 5 · construction of'the 16.inch interconnect pipeline along Interstate ?$, Pine Ridge Road, Livingston Road, Radio Road and Santa Barbara Blvd. which provides service to Wyndemere, Grey Oaks and Embassy Woods · ~uture improvements at the NCRW~rTF and SCRWWT1~ muse pump stations to inctea~ the discharge pressures · construction of reclaimed water m~ns to serve additional reuse customers, Kensington (16- inch on Pine Ridge Road) and Naples Heritage (12-1rich on Davis Blvd.) · an additional 140 million gallons of'storage provided by aquifer storage and recoveo, (ASR) 7.2.1.3 Option No. 3- SFWMD lOO Percent Reuse This option includes expansion of the reuse system to meet the South Florida Water Management District's 100 percent reuse criteria. SFW~ defines 100 percent reuse as equal to the average of' the three lowest monthly average wastewater flows to the treatment plants. For the Collier system, this equates to approximately 80 to 85 percent ofthe annual average flow. S~v[D allows 20-year, instead orS-year, water use permits for users whose reuse systems can meet this 100 percent reuse criteria. The average of'the three lowest monthly flows wry each year, however 85 percent of the average annual flow represents a conservative estimate based on 1993 and 1994 data for the North County Regional Wa~tewater Treatment Facility. Table 7-3 provides a list of tho additional reuse customers and estimated irrigation demands for Option No. 3. Option No. 3 includes an estimated total reuse demand of' 18.82 mgd w~ch is 83 percent of'the average annual flow. A total of 595 million gallons of storage is required in order to meet the irrigation demands, This alternative will be evaluated using storage ponds (Option 3A) and aquifer storage and recovery (ASR) (Option 3B) to provide the required storage volume. Improvements required for Options No, 3A and 3B include: Camp Dresser & McKee 7-7 T~J~L~ 7-3 COLLI~ COUNTY 201 FACILITIES PLAN UPDATE OPTIONS NO. 3A & 3B ADDITIONAL P.~OSE CUSTOMERS 12C 5 CUSTOMER NORTH SERVICE AREA V~llage Walk Wyndemer~ Kensington Grey O~ks Ouail Creek/Qua~l Village SOUTH SERVICE AREA Royal Wood GolfCour~ Naples Heritage TOTAL Whispering Pines Golf Course : · Ironwood Golf Course TOTAL 2017 ANNUAL AVERAGE IRRIGATION DEMANDm 0.28 0.44 0.48 1.03 3.41 0.34 0.15 0.81 Average annual irrigation demand is based on 0.76 in. pet week irrigation. Camp Dresser & McKee COL201TABLET.a~ 5 Wastewater Management AZemMNe$ · a 16.inch reclaimed water main to serve Lely Resorts to meet future flow conditions · a 16-inch reclaimed water interconnect pipeline along Interstate 75, Pine Ridge Road, Livingston Road, Radio Road and Santa Baz'oara Blvd. which provides service to Ch'ay Oaks, Wyndemere and Embassy Woods · a 20-inch reclaimed water line on Vanderbi]t Beach Road fi'om Airport.Pulling Road to the NCRWTP with a booster pumping station · a 12-inch reclaimed water llne on Davis Boulevard to Naples Heritage · a ! 6-inch reclaimed water main on Pine Ridge Road to Kensington · 16-inch reclaimed water mains to Quail Creek, Lely Resorts · a 12-inch reclaimed water main to Quail Village · ground storage ponds with associated piping and booster pumping station (Option 3A) or ASR system (Option 3B) · 8-inch reuse mains to Whispering Pines, Village Waik, Royal Wood, Ironwood · construction or'an 1 ! mgd deep injection well at the NCRW~rI'F · future improvements at the NCRWWTF and SCRWWTF reuse pump stations to increase the discharge pressures 7.2.1.4 Option No. 4 - Wellfield Augrnentation This opltion includes serving the existing reuse customers and providing reuse to only golf'course sites in the future. This option is evaluated with and without an interconnect pipeline. Additional storage is not provided wMch limits the availability to serve all future golf'courses. The proposed additional customers £or this ahernative and their muse demands are provided on Table 7-4 and ?-S. A baseflow of'excess reclaimed water is treated by reverse osmosis at the NCRWTP. The treated reclaimed water is then used t'or wellt~eld augmentation. Augmentation would occur by injecting the treated reclaimed water into the ~ui£er. The existing and proposed deep injection wells will be used t'or disposal of'excess reclaimed water. The cost of'providing treatment to meet peak demands is escessive; there£ore, during peak wet season conditions, deep injections wells will be used t'or effluent disposal. Option 4A provides 86 percent muse while Option 4B provides 99 percent muse. Camp Dresser & McKee 5 TABLE 7-4 COLLIER, COUNTY 201 FACULTIES PLA~ UPDATE OPTION NO. 4A ADDITIONAL REUSE CU~ TOMERS CUSTOMER Eagle Creek GolfCours~ Fiddlers Creek Golf'Cour~e Ironwood Golf Course TOTAL- 2017 ANNUAL AVERAGE IRRIGATION DEMANDm OVt D) 0.35 !.29 0.09 1.73 Average annual irrigation demand is based on 0.76 in. pet week irrigation. Camp Dresser &: McKee COL201 Tal~ TABLE 7-S COLLIER COUNTY 201 FACE,TrIES PLAN UPDATE OPTION NO. 4B ADDITIONAL REUSE CUSTOMERS CUSTOMER NORTH SERVICE AREA 2017 ANNUAL AVERAGE IRR~GA~ON DEMANd" (MGD) Wyndemere Kensington 0.48 Oaks 0.59 TOTAL 1.$1 SOUTH SERVICE AREA Embassy Woods Golf Course Naples Hedtage OAS 0.34 0.52 Average annual irrigation demand is based on 0.76 in. pet week irdlpttion. .:~ Camp Dresser & McKee ~OL~01 TAm.ET.~ ~/I~7 5 ~cfion 7 Improvements required for Option No. 4A (without the interconnect) include: · an 1 l-mgd deep injection well ·t the NCRWWTF · · 24-inch reclaimed water maln with · booster pumping station on Yanderbilt Beach Road Extension from Interstate '75 to NCRWTP for deep well injection and · 20-inch reclaimed water main on Vanderbilt Beach Road from Intern·re ?$ to Airport-Pulling Road · a 24-inch reclaimed water main from SCRWWTF to Tamlaml Tm'! · · 1 &-inch reclaimed water main on Tamlami Trail to Fiddler's Creek · a 1 &.inch reclaimed water maln to Lely Resorts to meet future flow conditions · · 12-inch reclaimed water main to Eagle Creek · · g-inch reclaimed water main to Ironwood · · $-mgd reverse osmosis treatment facility ·t NCRWTP · augmentation wells and piping · back-up 18-mgd deep injection well at the SCRWV~T · future improvements at the NCRWWTF and SCRWWTF reuse pump stations to increase the discharge pressures Improvements required for Option No. 4B (with interconnect) include: · a 1 &.inch interconnect pipeline ·long Interstate 75 Pine Ridge Road, Livingston Road, Radio Road and Santa Barbara Blvd. which provides service lines to Wyndemere, Grey Oaks ~ Embassy Woods · · 30-inch reclaimed water main with a booster pumping station on Vanderb~t Beach Road E, ctension from Interstate 75 to NCRV~'P for deep well injection and · 20-1rich reclaimed water main on Vanderbilt Beach Road from Intern·re 75 to Airport Pulling Road · a I &.inch reclaimed water main on Pine Ridge Road to Kensington · a 12-inch reclaimed water main on Davis Boulevard to Naples Heritage · a 16-inch reclaimed water main to Lely Resorts to meet future flow conditions · · 9-mgd reverse osmosis treatment facility ·t NCRWTP Camp Dresser & McKee COL201.07 12C augmentation injection wells and piping an 1 l-mgd deep injection well at the NCRWWTF future improvements at the NCRWWTF and SCRWWTF reuse pump stations to increa~ the discharge pressures 7. 2. 2 Agricultural Reuse Wastewater that meets "reclaimed water" standards can be put to beneficial use through the irrigation of farm and pasture lands including food crops. Agricultural sites can be added to a regional reuse system to provide additional effluent disposal capacity as wastewater flow increases, This alternative is not considered further for Collier County due to the limited amount ofagricultural lands located in the service area. 7.2.3 Industrial Reuse Industrial reuse consists of replacing potable water, groundwater, or surface water with reclaimed water in industrial applications. Most commonly, reclaimed water is used in cooling towers. The reclaimed water must usually be treated to advanced levels to be acceptable for use in cooling towert To date, the county has not identified any potential industrial users in the planning area. However, industrial reuse is an option for future expansion ofthe reuse system. Because higher levels of treatment arc gencraily required for industrial reuse than for agricultural or mban reuse, it is a more expensive alternative and is not evaluated further at this time. 7.2.4 Deep Well Injection Deep well injection includes pumping treated effluent 2,000 to 3,500 feet below ground to a geologic region that is isolated from the potable water supply. Because ofthe nature ofthis disposal method, Camp Dresser & McKee ccx..2o.Lo7 ~7 7-13 Sect/on 7 Wasfewater Manageme~ Agema6Ve~ the government agencies responsible for the permitting of'deep injection wells continue to proceed cautiously, particularly when the deep well is considered the primary means of'effluent disposal. FDEP goals are to promote reuse and permit use ofdeep wells as a means of'wet weather management t'or effluent disposal and not as the primary effluent disposal option unless a back-up well is provided. The county has installed a deep injection well at the South County Regional V,'astewater Treatment Facility (SCRWWIT) and is planning to connect the North County Regional Wastewater Treatment Facility (NCRWWTF) to the existing deep well at the North County Water Treatment Plant as pan of'the wet weather management plan tot reclaimed water to be used as back- up disposal during times or'low reclaimed water demand. The use of'deepwell injection as primary disposal is not consistent with the goals and objectives or'the Florida Department of'Environmental Protection and SFWMD and the state water policy. All of'the reuse options utilize deep well injection for wet weather management while Option No. I uses deep well injection for primary disposal since less than 75 percent of'the wastewatet is reused. 7.2.5 Percolation Ponds Percolation ponds use percolation through the underlying soil to dispose ofwastewater effluent. The success of'percolation ponds depends on the soil and groundwater characteristics ofthe site. In the planning area, groundwater tables are high, often within I to 2 feet ofground surface. Percolation of large volumes oreffluent could not be achieved with these conditions. The county currently makes use of'percolation ponds at both treatment plants; however FDEP has issued a Consent Order in pan due to the inability of the percolation ponds to adequately dispose ofeffuent as evidenced in documented pond overflows. Because ofthe limited disposal capacity ofpercolation ponds in this pan of Florida, percolation ponds have been eliminated as a primary means ofeffluent disposal and are not evaluated further. Camp Dresser & McKee 7-14 7.2.6 Man-Made Wetland Disposal The release of reclaimed water to a man-made wetland can provide benefits to the environment by cre~tin8 or maintaining ex~stin8 wetlands as well as providing for a method ofwet weather manasement. Historically much ofthe land in Collier County was wetland. However, as a result of d~tching and draining to allow for urban activities, n~.ny wetland systems have been destroyed or Permitting efforts and operational monitoring associated with man-made wetlands can be significant. A Water Quality Based Ef~uent Limitation (WBEL) may be required to determine the impact of Ibc wetland discharge on the receiving water body quality. Additionally, minimum treatment to AWT quality is required prior to discharge to man-made wetlands. Because ofthe high treatment requirements the need for large tracts ofland for a wetland system, and considering the exlstin8 development and projected land use in the north and south se~ce areas, this option is not eva~uated 7.2. 7 Land Application W/th Spray Irrigation Spray irrigation ofgol£courses and residential pmpenles is intended to provide reclaimed water in place of groundwater or potable water supplies. However, where recla/med water is applied to sites which Mve been plowed but are not planted, it can serve to prov/de effluent disposaL A covet crop is required to facilitate nutrient uptake, and this crop can be harvested for livestock feed in some cases. Development ora dedicated spray~eld has the advantaEe that techimed water applications ate under · e control of'the utility and not subject to the aesthetic crheria applied to landscape irrisafion. As w/th percolation ponds, the total disposal capac/ty ora spra~eld is limited by the high condit/on prevalent in the project area and the area required for inigation. T~is ~ernative is not evaluated further, due to the limited land awJlable tot dedicated sprayfielch, and the limited capadty ofsprayfields in this part of'Florida. Camp Dresser & McKee I:X:~,201.07 ~tta~f 7.1S 7.2.8 Surface Water Discharge 120 5 Wa~tewater Management Due to the location or'the service ~rca and characterization of surface water bodies in the area, a direct surface water discharge as a pr/mary means ofeffluent disposal does not appear perm/ttable to the surface waters located in the study area. Because or'the potential impacts to receivinl~ waters and the difficulty in obtaining a permit to discharge into the area surface waters, this alternative is not evaluated further. 7.3 Treatment System Alternatives The county is committed to provide effluent disposal through urban reuse. State ofl:lorida regulations require secondary treatment with filtration and high level disinfection (advanced secondary treatment) for public access irr/gation systen~. Because ofthis requirement and the county's commitment to the reuse system, the treatment level provided for all wast~ter treatment options will be advanced secondary treatment (AST). The wdlt~eld augmentation reuse option requires additional effluent treatment beyond AST. 7.3.1 No Action Alternative - AltematA~e I This alternative involves use of the ex/sting SCRWWTF, NCRWWTF and the Pelican Bay Wt,FIT with no upgrades or expansions to accommodate future growth and remedlate ex/sfin8 problems with the facilities. 7.3.2 Optimization of Existing Treatment Plants. Altema~ve II The county currently operates three treatment plants. Two ofthese, the NCRWWTF and the Pelican Bay Wastewater Treatment Plant ~) are located in the north se~ce area. The SCRWWTF is located in the south service area. This option considers the continued operation ofthe NCRWWTF and the SCRWWTF to provide AST for effluent disposal in the urban reuse system. The expansion of'the two treatment plants will be phased to allow minimum unused plant capacity and mst savings. Camp Dresser & McKee 7-1~ The NCRWWTF will be expanded to a total capacity of 13.5 mgd by the w, ar 2000 and to 18.5 mgd by the year 2016 to provide treatment through the planning period. At the time or'the first expansion to 13.5 mgd by the year 2000, the Pelican Bay WWTP will be taken otTllne and flow diverted to the NCRWWTF. The SCRWWTF will be expanded to a total capacity of 10.$ mgd by the year 2005 and to 13 mgd by the year 2015 to provide treatment through the planning period. 7.3.3 Existing Treatment Plants with Interconnect. Alternative !11 Alternative III includes the continued operation of the NCRWWTF and the SCRWW'rF to provide AST for effluent disposal in the urban reuse system. An interconnect pipeline will be constructed to allow transfer of raw wastewater between the treatment facilities. The NCRWWTF will be expanded to a total capacity of 13,5 mgd by the year 2000 and the Pelican Bay WWTP will be taken offline and flow diverted to the NCRWWTF. The interconnect will be constructed by 2005. In 2012, the NCRWV, rlT will be expanded to 23.5 mgd to provide treatment through the planning period. 7.4 Collection and Transmission System Alternatives The county currently has plans to provide wnstewatet collection service to one area located in the north service ~rea. The remaining unserved areas will remain at low development density with wastewater service provided by on-site disposal systems (septic tanks). This collection system expansion plan is identical for the two treatment plant alternatives: optimization ofthe two existing facilities and interconnec'Jng the two treatment plants. The county has plans to remove existing package wastewater treatment plants from service by the year 2005. The transmission system will need to be extended to pmvicle connection ofthese plants. Table 7-6 provides the schedule for removing package treatment plants from ser~ce. Camp Dresser & McKee (::0L.201.07 &qa/g7 7-17 5 TABLE 7-6 COLLI~P. COUNTY 201 FACILITIES PLAN UPDATE PACKAGE PLANT CONNECTION SCHEDULE PLANT Beacon Bowl Naples Drive-In '~/oodlake Condos Port-av-Prince Rookery Bay Utility Company Eagle Creek Country Club First Baptist Church Naples Plaza Sandy Ridge Labor Camp M&E Mobile Home Park Tall Oaks Tollgate 2OOO 2O0O 20OO 2OOO 20OO 20OO 2OO5 2005 2OO5 2OO5 2OO5 20O5 Camp Dresser & McKee GER.201TAILE 7.O4 7fl4~7 7-18 7.4.1 No Action Alternative. Alternative I 1AC 5 Secffon 7 Wa~tewater Manegement Alternatlvea This alternative involves thc use of'existing transmission Facilities with no expansions to accommodate future growth. The alternative also assumes that the County provides no additional sewer service to new developments and does not remove any package plants fi'om sen'ice. 7.4. 2 Optimization of Existing Transmission Systems. Altemative Ii This alternative involves using the existing system to provide wastewater transmission with expansion as needed to provide t'or collection system expansion and removal of'package plants from service. The existing pipes and master pump stations will remain in service as long as there is adequate hydraulic capacity then may be replaced with larger pipe or parallel pipes installed. Figures 7-3 and 7-4 provide the wastewater transmission laYOut and wastewater treatment facility locations £or the north and south service areas for this alternative. 7.4.3 Interconnected Transmission System. Alternative III This alternative involves using the existing transmission system with an interconnect pipeline installed to connect to the two existing treatment facilities. This alternative includes providing service to new collection areas as well as removal of'existing package treatment plants fi'om service. Figures 7-3 and 7-4 provide the wastewater transmission layout and wastewater treatment facility locations for this alternative. 7.5 Development of Wastewater Management Program Alternatives Several wastewater management alternatives have been developed based upon the options outlined in the previous sections, regulatory considerations, and considerations of compatibility with the county's existing wastewater management system. These alternatives are presented in the following sections to provide an analysis of possible wastewater management programs. Camp Dresser & McKee COL201.07 e,'l f/g7 7-19 I R 25 E I R 26 E ..... ...... ~?, ~"'~X ' I~ "~ ' :~:? ~""'":: · .- . ~.~.- ~ - , -, .,:._.:. ,:._,:.~ ~:,: ~ N-2 ~TB~T~ I N-4 S~Y ~ ~ C~ C~L~R C~ 201 tAlUSES ~AN UPOA~ ~p D~...~ ~ ,cK. N~R~ SER~CE AREA ~ ~ ~' ~'S AND FORCE MAIN LOCA~ONS ~ N~ 7-3 COLLIER COUNTY 201 FACILITIES II:G~N UPDA'I1: SOUTH SERVICE AREA WWTP'S AND FORCE MAIN LOCATIONS ~-~ N~. 7-4 1.20 5 7.5.1 No Action - Alternative I Sedfon? Wa~tewater Management Altemativea Wastewater service is currently provided by a combination ofcounty utility system, private utilities, paclcage treatment facilities and onsite septic tank systems. The areas served by septic tanks will remain low density per county requirements. The population in Collier County continues to grow with development primarily occurring in areas which are currently serviced by central sewers. As the populatlon continues to fill in the developed areas and the resulting density increases, the county-owned treatment facilities will not be able to meet the requirements ofthe customer base. Without any planning to improve and expand the county's wastewatet utility system, there may be an increase in small package treatment facilities needed to serve condominium and apartment complexes as well as commercial developments. The proliferation of package plants and inability of'the existing treatment plants at their current capacity to meet the fi~ture wastewater treatment demands does not meet the county's goal ofpollution abatement. In addition, the continued operation ofthe existing effluent disposal system and consideration of citizen concerns does not promote environmental protection ot conservation of natural resources and does not meet the requirements o£the exlstin8 Consent Order or requests oflocal residents, Based on these considerations, the no action alternative will not be evaluated ~unher. 7. 5. 2 Optimization of Existing Wastewater Facilifl'es - Alternative II This alternative involves the immediate expansion of the NCRWWTF as outlined in Section 7.3 and ~uture expansion ofthe existing facilities. The wastewater treatment, collection and transmission systems will be expanded as needed to provide service to the areas identified by the county and to remove existing package plants fi.om service as previously outlined. Effluent disposal will continue to be provided primarily through u~an reuse. 7.5.3 Interconnected Regional Treafment Facl7ities -Alternative III T~s alternative involves the immediate modification ofthe NCRWWTF as outlined in Section 7.3, and the construction of the interconnect pipeline with the required booster pumping fac~Tm/to Camp Dresser & McKee co~? a~a~7 7-20 12C pro,~cle the mbiIity to tr~s£er ~mstewmter flo~ between th~ two tremtment · ,wstew~ter tremtment, collection m~cl trm~t~i~on ly~tem ~]! be exl~d~ u prov~cl~ ~e~ce to the ~ |clent~ie(l by the County ~ to remo~ pm¢lcm~e treatment pIm~t~ from servi¢~ mJ previously outIinecL ~..flluent di~)o~m] ~ll ~ontinue to be prodded prima~ly through urb~ reuse. Camp Dresser & McKee 7-21 CCX.2Q1.Q7 &'1~,!7 :: 5 Section 8 Plan Selection 8.1 General The wastewater management alternatives developed in Section 7 are discussed in greater detail and evaluated in this section. 8.1.1 Effluent Disposal Options Urban reuse will be used for all wastewater management alternatives. In order to meet State of Florida water quality requirements, advanced secondary treatment which includes filtration and high level disinfection is required. The quantity ofreclaimed water available for the two treatment plant options will not change. The size ofpipes used in the urban system as well as the layout will vary between the options, resulting in different capital costs and O&M costs for each option. 8.1.2 Treatment Alternatives There are two wastewater treatment alternatives identified for the 201 Facilities Plan Update study area: two regional treatment plants or two interconnected regional treatment plants. The county has idtntified a reuse as the primary means of effluent disposal. Because of'this effluent disposal method. both wastewater treatment alternatives provide advanced secondary treatment for et~ent disposal primarily through urban reuse. Use ofwellfield augmentation for effluent disposal would require further treatment (reverse osmosis) ofthe effluent. Camp Dresser &: McI~ee CCX..201 .O~ 7/14~7 Sectk~ 8 8.1.3 Transmission System Alternatives Section 7 discussed the transmission options with For treatment plants and with and without an interconnect pipeline. The required size of'the pump stations and Force mains were calculated using per capita flow representing residential, commercial, and light industrial flows of 145 gallons per day per person in the north service area and 120 gallons per day per person in the south service area. Pump station peaking Factors of'2.$ to 4.0 were used based on population served by each ms=er pump station. Pipe flow velocities were limited to a maximum of 9 Feet per second. 8.2 Evaluation of Alternatives The wastewater management alternatives are evatuated based on economic analysis, environmental impacts, social concerns, and ease of'implementation. Each or'these evaluation criteria ate discussed regarding the alternatives being reviewed. 8.2.1 Economic Analysis Alternatives were compared on a present worth basis. The present worth cost of'each a~ternative includes capital costs, operation and maintenance costs, salvage value, revenue generated fi'om the sale of'the reclaimed water and potable water savings as a result of'using reclaimed water For irrigation. ^ present worth cost analysis provides a true indication of'the alternative "life c3~:le" cost over a 20-year period. In accordance with FDEP considerations, the costs reported in the Following paragraphs are planing level estimates and should be considered accurate to within ±10 percent. Therefore, all alternatives are considered approximately equal it'their total present worth is within 4-10 percent. Camp Dresser & McKee C(:~,.201.0~ 71¶4~7 12C 5 The present worth values were calculated using an 8 percent interest rate over the 20-year review period and a power cost o£$0.075 per kilowatt-hour. In addition, the followln8 considerations are included in the present worth analysis: O&M costs are generally based on EPA O&M curves included in CD-$3 (EPA Innovative ~d Ahemative Assessment Manual, Feb. 1980, valuea adjusted as noted ebov~). Legal and Administration: 2 percent ofconstruction cost. A present worth analysis was used to evaluate the four urban reuse options described in Section ?. Table 8-1 summarizes the costs for the four reuse options. Option 2 has the lowest present worth and is the recommended reuse option, Costs were developed for the transmission, treatment, and selected effluent disposal alternatives and are presented in Table 8-2. A detailed breakdown of the present worth analysis is provided in Appendix C. These costs were developed by using bid prices ~'om recent projects in the area as weft as existing operation and maintenance costs. Based upon the alternatives developed in Section 7, two wastewater management options will be considered in greater detail. Alternative II: Two regional wastewater treatment plants with effluent disposal through mban reuse, residuals disposal through marketing and dism'bution, collection system expansion to an identified area, and transmission system expansion to remova package plants fi'om service. Alternative IH: Two regional interconnected wastewater treatment plants with effluent disposal through urban reuse, residuals disposal through marketing and distn'btnion, collection system expansion to an identified area, and transmission system expansion to remove package plants from service. Camp Dresser & McKee (:~:X.~O 1 ,,OO 7/'14/'97 12C 5 ~ TABLE 8.2 COLLIER COUNTY 201 FACtLmEB PI..KN UPDATE PRESENT WORTH ANALYSIS OPTION COMPARISON Reuse (Selected Ot~on Capital (Present Value)(1) $8,838,481 $8,838,481 Operat~on/~atnt, - 20 yesm Total Present Value 9,247,527 9,247,527 Satvage (Present Value) (1,734,21g) .~. (1,734,21 g) Revenue - 20 years Total Present Value(2) Subtotal Present Value 51 1 517 8~~/,~" $11,51 o.p.i (Present Salvage (Present Value) ~ =,.,.o.,., o .... + v.~,,, '~$1~220,338 ~a,32g,g33 ...................... %ii"%'?~' Capital (Present Value)(,) t~/It(~'#/,, "'~:~;'3' 1,529 Salvage (Present Value) "~' ,,~,";,,#!!I~~ Subtotal Present Value '~ '~?' ' $11,263,757 ' .',:i'?,!~':i ~ii 'i#, . , ~!////!/i'?;T~, sale of reclaimed water to reuse customers result~ in ~ gener.6~ of $0.13 pe~ "%'~i~¥,000 ganons. In addition. FD£P requires the economlc ~rdng~ which can be reelzed ~ ': !iiii~icernent of potable water by reclaimed water be considered in the ixesent value ena~y~m, ':~!~i~ amount being the same for each eltamatNe,'6~ ~mount b not Included in 8.2.2 Environmental Impact The environmental considerations for each alternative include impacts to wetlands, species habitat, air quality, dust and silt, and other potential impacts to the environment. The benefits of each alternative are also considered in the evaluation. The benefits include: reduction in potable water demand, odor a~,l noise minimization, and reduction in impacted land and surface water. Reuse of effluent for residential and golf'course irrigation has been identified by the county as a goal. The primary benefit resulting fi.om the implementation ora reclaimed water system is conservation of' potable water. Using reclaimed water for this purpose makes use of'a valuable resource which might otherwise be wasted. In addition, reclaimed water systems provide an irrigation water supply which is not subject to restrictions during drought periods while providing pollution abatement by elimination or discharge (surface water, deep well, etc.). The design of'the treatment plants will include odor control as well as suppression of.glare from the plant lighting system. Buffer zones around ail the treatment and transmission fadlities will be provided in accordance with FDEP rules and county requirements. Vegetation will be used for screening where appropriate, and all reasonable measures will be taken to minimize the impact upon residents of Collier County. 8.2.3 Implementability The implementability of an alternative considers permits required, land acquisition, land use and zoning, and need for inteflocal agreements. Both alternatives require similar permits for construction and operation of the treatment plants, transmission system, and reclaimed water system. The transmission and reuse systems for both alternatives make use of the existing pipelines, where possible. Some pipeline changes would be required for the interconnected treatment plants alternative in order to transfer flow between the treatment facilities. This results in a system which will initially Camp Dresser & McKee ~-~ be more diffcult to implement due to the need to reroute flows and build new pipelines and a booster pumping station. Permits required for the selected alternative include FDEP construction permits, NPDES permits, and local county permits. These are discussed in greater detail in Section 3. Adequate time should be allotted for permit application to be filed, review comments to be addressed, and the final permit to be issued. A minimum of 120-180 days from time offiling to final permit issuance is suggested. Them initially appears to be no permitting difficulties that would make any of the alternatives non- constructable. The existing North County Regional Wastewater Treatment Facility (NCRWWTF) and South County Regional Wastewater Treatment Facility (SCRWWTF) have adequate land area for expansion. For both alternatives, there will be limited land acquisition required for the transmission and reuse systems. 8.2.4 Social Considerations Social considerations address impacts of'the alternatives to county residents including noise and lighting from facilities, odors, traffic disruptions from vehicles operating the system, and acceptance of the program by residents. Noise, odor, and lighting disturbance will be minimized where possible. Construction and operation of the wastewater interconnect will have a greater social impact. 8.3 Selection of Wastewater Management Plan A ranking of'the two alternatives as discussed in the previous sections is presented in Table 8-3. This ranking is based upon the economic, environmental and social impacts as well as the implementability of each alternative. The alternative with the lowest number is the most desirable based upon its impact in the county. Camp Dresser & McKee c,:x~.=e 7,4a? 8-7 $~ 8 ~$~ Based upon the ranking o['the altemat|ves, the tecommendecl wastewatet management plan tot Collier County is Alternative II, two treatment facilities with associated tra~mission system and urban reuse. T~s alternative offers the lowest present worth with rr~n~mal soci~ envitonmental impacts and is readily implementable. Camp Dresser & McKee 8-8 GOL201.0~ 7~'14~? TABLE 8-3 C OLLI~..R COUNTY 201 FACILITIES PI.,A~ UPDATS RANICrNG OF AL'I~RNATI~ES Alternative II. t Transmission b. Treatment c. Effluent Disposal Total ITl. Two Interconnected WWTFs a. Transmission b. Treatment c. Effluent Disposal Total Economic Environmental Emplement~tlon 1 I i I I 1 I 1 1 3 3 3 2 2 1 2 1 I 4 Camp Dresser & McKe~ C0L2~1TABI.~I.~ 12C 5 Section 9 Description of Selected Plan In this section, the recommended plan for Collier County is presented and a description ofthe required facilities are presented. This section is subdiv~ded into the followln8 topics: r Wastewater Tr~srnlssion · Wastewater Treatment · Effluent Disposal Facilities · Environmental Impacts · Financial Plan · Financing Capital Improvements This wastewater management alternative is consistent with the county's adopted Comprehensive Plan. The planned improvements have been phased tot implementation and are descn'bed in the following s~ctions. 9.1 Wastewater Treatment Phase I (1998-2002) of the selected plan involves expansion or'the North County Regional Wastewater Treatment Facility (NCR~ to 13.5 mgd capacity. Figure 9-1 show~ the proposed improvements to the NCRWWTF. The project will specifically include the following: Installation of a third mechanical screen and construction of a third aerated grit ch~nber and appurtenances at the existing pretreatment facilities. Addition of four conventional activated sludge aeration basins, utilizing multi-stage centrifugal aeration blowers and fine-bubble, flexible membrane diffusers. Addition of two secondary clarifiers. Camp Dresser & McKee $-1 COL201.O~ ~/1~? N.T,S. COLLIER COUNTY 201 FACIUTIItS PLAN UPOATE Cemp o~...~ *. ~,~. NORTH COUNTY REGIONAL ~' ~'~""" ~'~ WASTEWATER TREATMENT FACILITY SITE PLAN .~e,,~, ~',~,,,~,~ ~ · F'~ Ne. 9-1 · Addition of a sludge pump station to serve the new aeration basins sad secondary ciarifiem. · Addition et' four traveling bridge effluent filter cells and two chlorine contact basins, · Increase in capacity ofthe existing reuse pump station. Modifications to exlstin8 reuse sad reject storage ponds. · Addition of one new gravity thickener tank, adjacent to the existing gravity thickener. Addition of associated thickened sludge pumping, piping, · Expansion of'sludge dewat~ng budding. Installation of one new ~t filter press sad appurtenances. - Construction ora ventilated enclosure around the existing sludge stabilization system. Modifications to the stabilized sludge truck loading configuration. Expansion ot'stabilized sludge storage bays. · Expansion of electrical distn'bution system. · Upgrade and expansion of plant control system. · Odor control improvements, as necessary. Phase II (2003-2007) improvements include expansion to the SCRW1N"TF to provide treatment capacity up to 10.5 mgd. The Phase II SCRW1NTF expansion will include additional aeration basins, cla~fiers, effluent filters, and disinfection facilities to continue to provide AST to meet the requirements of the u~oan reuse system. These additions will be consistent with the existing process and equipment at the facility to allow for less difficulty in operations sad maintenance. No additional treatment plant expansions are planned for Phase E[ (2008-2012). Phase IV (2012- 201 ?) improvements include expansion to the NCRW~T to provide treatment capacity of 18.5 mgd and expansion to the SCRW~rTF to provide treatment capacity of 13 mgd. These additions will be consistent with the erJsting process and equipment at these facilities to allow for less difficulty in operations and maintenance. Camp Dresser & McKee : ~ :: ' 5 De,~,t:r/paon of Se~:i'ed ~ Potable water resources and the surrounding environment will be protected i~om possible treatment plant failures by: · Providing Class I reliability at the treatment plant. · Use of adequate fi'eeboard in all plant tanks. · Containment walls around chemical tanks. · Alarm systems to detect failure. · Use ofbackflow prevention devices and isolation valves as required. Several methods to reduce energy consumption will be incorporated into the design ofwastewatet treatment system improvements. These include: · Use of"Premium Efficiency" motors were over 15 liP. · Use of'high efficiency, variable frequency drives, where appropriate. · Use of H1D site lighting to reduce the number of lights. · Use of HID and fluorescent interior lighting with energy saving ballasts. 9.2 Wastewater Transmission Phase I transmission system improvements in the North Service Area include the following: a new master pump station (1.02.00), a parallel 30-inch force main on Immokalee Road and upgrades to eight (8) pump stations to meet future flows. Five (5) pump stations require upgrading in the South Service Area for Phase I. Phase I of the wastewater transmission system will also consist of removal of 4 package treatment plants, Rookery Bay and Eagle Creek, from service and connection to the existing County wastewater system. The new transmission system required for these connections includes approximately 20,$00 feet of 4-inch force main, 1,000 feet of 6-inch force main and 9,000 feet of S-inch force main. This phase also requires a total ors duplex lift stations and a triplex station. The decommissioning and demolition of'these package plants will be the responsibility of/he package plant owners. Camp Dresser & McKee 1213 5 Phase ri improvements in the North Ser,,ice Area include upgrading the pumps at twelve pump stations and replacing approximately 3900 feet ot'4-inch force main with 6dnch Force main to meet ~uture flow conditions. Phase II or'the wastewater transmitalon system will consist or'removal of slx package wastew~ter treatment plants from service and connection to the existing County wastewater system, ,,, well as expansion ofthe collectlon system to an identified area in the north ~ervice area a~l extension o£an g-inch force main on CR 951. The new tnmsmi~on system tequlred for the service area expansion includes approximately 13,000 feet of 16.inch force main, 9,$00 feet of S-inch fotco main, and 10,500 f~et of 4-1nch diameter force main, and six duplex lit stations to replace existing package plants. Phase III also includes the addition of three (3) master pump stations in the north service area. No improvements to the wastewater transmission system ate planned for Phase IV. 9.3 Effluent Disposal Facilities Phase I (1998-2002) includes the construction ot'a 16-inch reclaimed water main interconnect along Interstate 75, Pine Ridge Road, Livingston ROad, Radio Road and Santa Barbara Boulevard. The interconnect will provide servic~ to Grey Oaks, Wyndemere and Embassy Woods. Reclaimed water mains will be constructed to serve Kensington and Naples Heritage. A 20-inch reclaimed water main will be constructed on Vanderbilt Beach Road from Airport-Pulling Road to the NCRWTP to serve V'dlage Walk and to transfer effluent to the NCRWTP deep injection wells. Expansion or'the reuse system to provide irrigation water is based on using aquifer storage and recovery to provide 140 mg of storage. Further investigation of ASR needs to be conducted to assess its feas~iiity for reuse water storage in Collier County. The availability or'cost-effective storage, such as ASR, will govern expansion of the reuse system to serve additional reuse customers. During Phase ri (2003-2007) a deep in}ection well will be constructed at the NCRWWI'F for wet weather and excess effluent disposal. Camp Dresser & McKee COL2~I.0e ~l&~7 120 During Phase III (20084012) a 16-inch r~daimed w~ter main will be constructed to meet additional demands at Lely Resorts. The reclaimed w~ter pump stations will be upgraded to provide a higher operating pressure to meet the increasing demands. Phase IV (20134017) does not require any capital improvements. At the end or'the planrfin$ period 17.32 mgd of reclaimed water will be used by the reuse customers resulting in '76 percent or'the wa~ewater effluent being reused. For the construction activities associated with this wastewater management improvement program. mitigation procedures will be enacted in order to minimize the impact to residents. These activities include: · Use of siltation barriers to minimized impacts of construction on surface water · Use of watering or calcium for dust control on roadway and other disturbed areas · Ent'orcement of county sound ordinances · Use of construction specifications that will require minimum sxtverse impacts ~rom construction on the surrounding properties. 9.4 Financial Plan Financing the collection, transmission, treatment, and effluent disposal facilities will be the responsibility of the county. Tables 9-I through 9-4 provide the anticipated cost or'the wastewater expansion program for Phase I, Phase H, Phase III and Phase IV respectively. The program cost for Phase I ofthe wastewater management program is estimated to be approximately :!;35,427,100 with $23,926,100 to come from SRF Eroding and includes construction of the capital improvements; engineering and program management; administration, legal and land; and contingency (Table 9-1). Camp Dresser & McKee ~ TABLE 9-1 COLLIER COUNTY 201 FACILITIES PLAN UPDATE PROJECT COST FOR PHASE l(s) 12C 5 Item FY 1998-2002 Financed Other Prolects Total North Co, Regional WWTF South Co. Regional WWTF Pump Stations/Force Mains $19,478,000 $19,478,000 0 0 0 3,456,000 Reclaimed Water Mains Aquifer Storage & Retrieval 000 4,391,000 1,000,000 !,000,000 Subtotal Contingency (10%) SKF Contingency (15%) Non-SR.F gram gment Admimstrat~on an'it }~i~:~Cl) Total Project Co~ts $8,847,000 $28,325,0(X) 1,947,800 !,327,000 I 327 000 $21,425,800 $31,599,800 (C) 2,365,600 1,150,000 3,5 ! 5,600 134,700 177,000 3 ! !,700 S23,926,100 $11,501,000 ~3~,427,100 (a) Thc schedule and costs identified in this table are subject to change based upon completion ofthe pre- liminary design report. Co) These projects are assumed to be financed by fiinds on hand. (c) SKF - based on SRF formula (approximately 1 I% ofmbtotal) Non-SKF - 13% ofconstruction (d) SKF - based on SKF formula (approximately 0.6% ofsubtotal plus a portion of Engineerin8 expense) Non-SRF - 2% of construction Camp Dresser & McKee 9-6 i; 12C 5 TABLE 9-2 COLLIER COUNTY 201 FACILITIES PLAN UPDATE PROfECT COST FOR PI~SE II(a) Item FY 2003-2007 SRF Financed Other Projects FundlnI Total South Co. Regionnl WWTF Pump Stations/Force Mains o ,,~ ~4, "~" ~ "3,200,~ Subtotg' Engineering & Program Management - 13% 0 1,692,000 Administration and Legal -2% 0 260,000 2,314,200 3,200,000 S13,014,200 1 952 0(~)__. $14,966,200 !,692,ooo 260,000 Total Project Costs S0 S16,918,200 $16,918,200 (a) The schedule and costs identified in this table are subject to change based upon completion ofthe pre- liminary design report. Camp Dresser & McKee TABLE COLLIER COUNTY 201 FACILITIES PLAN UPDATE PRO~ECT COST FOR PHASE III(s) 5 Item North County Regional WWTF South County Regional WWTF Pump Stations/Force Mains Reuse Pump Stations Reclaimed Water Mains Subtotal Contingency - 15% Administration, -2% Tot~! Project Costs ~ 200S-2012 Financed Other Proiects FundinI Total $0 · · 1,885,000 350,000 350,000 430,000 430,000 S2.665,000 o 4oo, o0o 4oo ooo S0 S3,065,000 0 346,000 346,000 0 53,000 $3,000 SO $3,464,000 :$3,464,000 (a) The schedule and costs identified in this table are subject to change based upon completion ofthe pre- liminary design report. Camp Dresser & McK~ 12C 5 TABLE ~4 COLLIER COUNTY 201 FACILITIES PLAN UPDATE PROJECT COST FOR Pl~SE IV(It) Item No~h County Regional WWTF South County Regional WWTF Pump Stations/Force Mains Reclaimed Water Mains FY 2013-2017 Fimmced Other Proiects Fundln~ Total Subtotal Contingency - 15% Administration, Total Project Costs -13% - 2% i!S0 S22,500,000 S22.500,000 0 3,372,000 3 375 000 $0 $25,875,000 0 2,925,000 2,925,000 0 450,000 450,000 SO $29,2S0,000 $29,250,000 (a) The schedule and costs identified in this table are subject to change based upon completion ofthe pre- liminary design report. Camp Dresser & McKec 9-9 Theprogram cost fror Phase II of'the wastewater management program is estimated to be approximately $16,9 ! 8,200, The project costs include the capital improvements, as well as engineering and program management; administration, legal and land; and contingency (Table 9-2). The program cost fror Phase III is estimated to be approximately $3,464,000 and includes the capital improvements as well as engineering and program management; administration, legal and land; and contingency (Table 9-3). The program cost fror Phase IV is estimated to be approximately S29,250,000 and include the capital improvements as well as engineering and program management; administration, legal, and land; and contingency (Table 9-4). 9.5 Financing Capital Improvements Financing orr the wastewater management plan will be through a combination of SRF financing and rex enue bonds. The pledged revenue supporting these debt issues will be a combination ofuset fees and system development frees. Table 9-5 compares the financial plan for the selected plan with and without SRF funding. The use of'SRF loan money for Phase I of'the program is estimated to provide an annual savings ot'$537,000 over the use ofrconventional financing with revenue bonds. It is not yet known iff SRF funding will be available for the Phase II, III and IV programs. A financial analysis was conducted to determine the impact of'Phase I of'the wastewater management system on an equivalent residential unit (ERU). Table 9-6 provides a summary o£the impact per ERU from the construction of'the Phase I improvements with the use of SRF funding. An existin8 ERU witl pay an annual incremental cost ofrapproximately :$28.66. Table 9-7 presents these same components ofcost but does not account for SRF funding of'the program. An existing ERU will pay approximately $37.23 ifrSRF funding is not used for this program. Camp Dresser & McKee ccamo,.o~ at~ aa7 ~-10 5 TABLE COLLIER COUNTY 201 FACILITIES PLAN UPDATE PHASE I FINANCING PLAN FOR SRF PROJECTS ITEM RKVENUE BONDS BORROWING PROJECT COST (a) Subtotal S~ Service Fee (2%) (b) Capitalized Interest (c) Finance Costs-SR}'(3%)(d) Finance Costs-Revenue Bonds (e) Par Amount of Loan Annual Debt Service (f) SAVINGS OF SI~ OVER I;23,926,100 23,926,100 478,500 ~00 $'23.926, 100 $27,660,200 S2,333,800 Difference in Par Amount Annual Debt S Debt Service Reduction' g (g) Sl,937,800 $$37,000 Sl0 740 000 (a) g ~ngin~ring and contingc~7. ~) S~ (c) Capi~i~ ~t~{~S~"~" "" "" -'--lo~ for 20 mon~ d~&s ~ time ~ ~m to ~bs~fial ~on. Int~ a~ ~ ~t ~ ~. ~e ~ue ~nd w~ ~ to ha~ no ~pi~i~ ~ (~ F~g ~ ~is~ of S~ d~bt s~g ~ ~t of 3% of~ pmj~ (e) R~mue ~nd ffm~c~g ~s~ ~clMe 10% f~ debt s~ ~ pl~ 3.5% ~g sig of issum (0 ~u~ ~bt S~i~ f~ S~ b~ on 20 ~ at 3.42 % ~; ~ d~bt ~n& b~M on 20 yc~ ~n~ at 5.6 % ~ Sa~ on debt s~i~ may ~ offs~ p~ if~t~ fm~c~g is ~ou~ S~ fm~c~g ov~ a ~ offs. Camp Dresser & McKee 9-11 TABLE 9-6 COLLIER COUNTY 201 YACILITIES I'LAN Ill'DATE PHASE I ANNUAL COST OF SELECTED PLAN WITH SRF FINANCING Annual Costs Annual Debt Service for SRF Projects (a): Divided by Customer Base (b) Annual Cost Per ERU Incremental Operation and Maintenance Cost (c) Incremental Treatment O&M Cost Per ERU Total Annual Incremental Cost $1,796,800 ~/[~!,. $28.66 (a) Taken from Table 9-5. (b) Customer base includes Water-Sewer District (c) There are no I process stays t~,,.e... ~.RU's in the Collier costs for Phase I, the Camp Dresser & McKee TABLE 9-7 COLL[F-.R COUNTY 201 FAC]/.[T]~S ]~].AN [TI*DATE PHASE I ANNUAL COST OF SELECTED PLAN WITH BOND FINANCING Annual Cost~ Annual Debt Service for Phase I Projects: North County Regional Wastewater Treatment Plant(a) ,~f~$2,333,800 Total Incremental Debt Service for Phase I Annual Cost Per ERU '-i~iii~:'' $ . Incremental Operation and " $0 Incremental Treatment $0.00 Total Annual $37.23 (a) Annual Debt.l (b) (c) for Wastewater Improvements for Phase I. taken Cust~i: base ii developed ERU's in the Collier Water- Sewer Distric~f°t. FY 199{9~ There am:~iO!n~ntal operation & maintenance costs for Phase I, the process stays the Camp Dresser & McKee 9-13 These incremental costs were based on the assumption that the existing user tee rates would not be sufficient without a rate increase. However, an analysis of'the water and wastewatet finances indicates that there would not necessarily be a rate increase required. See Appendix D, Capital Finance Plan for the detailed information. Ca,rip Dresser & McKee 9-14 C0i~01.08 &'1~97 ., ~::. 12C 5 10.1 General Section 10 Implementation Plan This section presents a detailed plan fo.r implementing the recommended wastew~ter £,,cilities ['or the planning area. The implementation plan includes institutional arrangement& an implementation schedule, a management plan, and a financial plan. These s~pects ofthe implementation plan are summarized as follows and discussed in more detail in the remainder of'this section. Institutional Arrangements (Section 10,2). ldenti~ entitles respons~le for the desisn, construction, financing, ownership, operation and maintenance of'the project facilities; cite the legal, fin~cial, and administrative relationship between entities; and cite the associated laws, agreements and resolutlons, etc. Implementation Schedule (Section 10.3). Describe an orderly schedule ofthe actions that must be taken to initiate and complete the proposed project. Management Plan (Section 10.4). Provide an overview ofthe organization, management, operation and maintenance programs, and other support programs which will ensure successful operation of the proposed facilities. .An advertised public hearing will be held to encourage the public to learn about this program Md the capital financing plan. The public wiII be encouraged to offer comments about the alternatives. A record of this hearing will be kept for public record and review. The minutes fi.om the hearing w~ll be incorporated into this document as Appendix (3. Camp Dresser & McKce lO-1 COL201.10 !,/18/97 Section 10 10.2 Institutional Arrangements 10.2.1 General Collier County is authorized to own and operate a v/stet supply and sewage system in accordance with the authority gr~nted by Florida Law. The piing, desigtk operation and maintensace ofthe county-owned wastewater facilities is the respons~illty of Colliet County. 10.2.2 Regulatory Agreements Collier County operates its existing North County Regional Wastewater Treatment Facility (NCRWWTF), Pelican Bay Wastewater Treatment Plant (WW'IT) and South County Regional Wastewater Treatment Facility (SCRWWTF) under three separate opetatln8 permits from FDEP. The effluent generated at the treatment plants is disposed or"through the permitted urban reuse system and percolation ponds, . As part of the review process for th~s plan and in order to quali~ for a subsidized SRF loan, various governmental agencies must approve the way that Colliet County will implement the plan. Agencies which will have the opportunity to rev{ew and comment on the plan include: · Department or'Environmental Protection · Regional Planning Council · South Florida Water Management District · Office of the Governor's State Clearing House · Public Service Commission " 10-2 Camp Dresser & McKee ,, , C:0L.201.10 ~18~7 10.2.3 County Ordinances and Resolutions · ectio~ 1o The provisions and schedules for wastewater rates, charlses and fees for ruts, il and commercial customers of'the system have been established by Collier County Ordinance No. 91-S0 (adopted August 1991 ), This ordinance establishes the types of' rates, fees, and changes t'or water and sewer service provided by Collier County including: Residential and non-residential service (commercial) service availability charges based upon meter sizes. Volume charge per 1,000 gallons including single and multi-t'amily volume maximum or' 10,0o0 gallons per dwelling unit per month. There are individual agreements with customers using the effluent irrigation sen, ice. These agreements describe various terms and conditions such as a minimum volume to be accepted in ga.lions per day (gpd), quality oreffluent, point of'delivery, rate to be charged, etc. These agreements for a five (5) year period, renewable for an additional five (5) years, but subject to the current terms and provisions being incorporated into like agreements by the county. A sample agreement ia provided in Appendix E. The county adopted Sewer Use Ordinance No. 91-69 on Suly 30, 1991. lh'ovisions ofthe Sewer Use Ordinance require that all private wastewater facilities, includin8 package treatment plants and septic tanlcs in the county, connect to the collection and treatment t'acilities whea made available. A copy of S~,ver Use Ordinance No. 91-69 is provided in Appendix F. The county is currently preparing a cross-connection control ordinance and a reuse ordinance. Camp Dresser & McKee 12C 5 10.2.4 Industrial Pretreatment Program Section fo implementation Plan The county's Sewer Use Ordinance No. 91-69 addresses the issue of'industrial discharge to the wastewater collection and treatment system. The county requires that any industrial contributora to the system obtain an eftluent permit fi`om the county to ensure that the discharge will be compat~le with the capacity, process, treatment and nutrient load or'the county's wastewater facilities. The ordinance also sets forth maximum concentrations ofconstltuents which are allowed to be discharged to the system. 10.3 Implementation Schedules The implementation or'the wastewater management program has been divided into four phases for ease of'construction, ~unding, and implementation. The first phase or'the wastewater management plan involves a $ mgd expansion of'the NCRWWTF. SIR loans will be requested for this expansion. Also included in Phase I is the construction ot'a reclaimed water interconnect, extension of a reuse line fi`om the NCRWWTF to the two deepwells located at the North County Water Plant and construction of'reclaimed water mains to serve additional customers. Phase I includes a new wastewater master pump station, a 30-inch force main on Immokalee Road, upgrades to 13 pump stations and connecting 4 package plants, Rookery Bay and Eagle Creek, to the system. Phase I also includes aquifer storage and recovery to provide 140 ms ofreclaimed water storage. SRF loan money is not being requested for these projects. The Phase II improvements (to be completed by the year 2007) include expansion to the SCRWWTF to provide for additional wastewater treatment, additional urban reuse system improvements, additional transmission system to remove six package plants from service, extension ofsewet set, ce to a previously unsewered area in the north service area, and pump station improvements. Camp Dresser & McKee Sec#~ 10 The Phase III improvements (to be completed by the year 2012) include improvements to the urban reuse system and addition of'three master pump stations in the north service area. Phase IV improvements (to be completed by the year 2017) include expansion to the NCRWWTF and SCRWWTF to provide for additional wastewater treatment through the plannin8 period. The estimated project schedule for SRF related activities t'or Phase I is presented in Table 10-1. The schedule is segregated into major construction related components including permit applications, advertisement of'bids, bid opening, startup and operation certification. The schedule also includes the major components for funding including loan application submittal, dedicated revenue heating dates, and capital financing plan submittal. Table 10-2 presents a summary of'the implementation schedule for Phases II, III and IV. In accordance with the schedule presented, the Phase I improvements to the NCRWW1'F are anticipated to be completed (final completion) in December 1999. It is anticipated that the construction of Phase I improvements will require approximately 24 months to complete. Construction of these improvements is anticipated to commence in January 1998. This is included in the schedule provided in Table 10-1. '10.3.1 Financing Schedule Detailed projections of cash flow during construction and stanup for the purpose ofestablishin8 county capital fund needs will be developed after contract documents and construction schedules have been prepared and reviewed. Section 9 provides more information regarding the estimated total capital costs and system development fee to be used t'or non-SRF capital needs, and the potential incremental cost impact or'the facilities plan program on a single family household in the county. FDEP's SRF loan money is anticipated to be a financing source tot the project. A capital financing plan has been prepared and is included in Appendix D. Camp Dresser & McKee co~o~.1 o ~ u~7 10-5 12C 5 Item No. 10. 11. 12. 13. 14. 15. TABLE 10-1 COLLIER COUNTY 201 FACILITIES PLAN UPDATE PHASE I PROJECT Description Request for Inclusion Public Hearing (201 Facilities Plan U1Mate) Dedicated Revenue Hearing Capital Financing Plan Site Specific Study Permit Application Plans and Specifications Complete Construction Permits Advertise for Bids Project Performance Proposal Certifications of Availability of Sites Loan Application Submittal, Attorney's Opinion and Loan Disbursement/Repayment Schedule Loan Closing Bid Opening Contract Award Completion or Submission Date On File, May Amend July 22, 1997 July 22, 1997 July 22, 1997 Not Required June 16, 1997 July 22, 1997 September 2, 1997 October. 1997 September 2, 1997 August 15,1997 September, 1997 November, 1997 November, 1997 December, 1997 16. Construction Complete (Substantial) & Start Up .~anuary, 2000 ! 7. First Year Operation Certificate Sanu~'y, 2001 Camp Dresser & McKee coc~ TA~.£~0.0, TABLE 10-2 COLLJER COUNTY 201 FACILITIES PLAN UPDATE PHASES II, III AND IV PROJECTS Phase II (by 2007) n Expansion of SCRWWTF to 10.5 mgd · Deep Injection Well at NCRWWTF · Transmission system to ternove 6 package plants ~rom serdce · Extension ofsewer service to unsewered area in north se~ce area Phase III (through 2012) ,, · Construction of 3 Mast~ Pump Stations in the North Service Area · Additiomd rec~med w~tet mab~ · Improvements to the reclalmed water pump stations Phue IV (through 201~) · Expansion of NCRWWTF to 18.5 mgd · Expansion of $CRWWTF to 13 mgd 12C 5 ( -- ~J' C)1992 CI.,'t.VEFI COMP~ t.4QO-~t. Si31' 101992 CUL.VER COMPANY ~;P0T TNE POLLUTANTS IN TIIE WATER I~Y ~-ROS$1NE) OUT' TNB' FIRST' LETTE~ AND TI-IEN EVERY OTNE~ LETTER. R~INING LETTERS IN 'I'VE TNE 12C ~ U SPOT THE · 12C 5 II ,ILL IN THE BOXES USING THE LETI'ERS THAT HAVE THE/VI. 12C 5 ~_~_~G N E~ ~U~~ i~L r_~T~-X~- e ~ RL ~ L J, ~IW'L U A'H T C IAIE 'L ~lj rJRE A T M E NJTJR A ~N PI~ T T I I ~~l~lvo ~ Nil R,A N 'Q R N I,,~,I'~ I~ ~G RIO U'N P,W A TIE IR JR You can 'spread tbs word for water' ~n local schools and to community youth g~oups. Contact schools and groups and a~k ~f you can make presentations during l~'ational ~ Water Week. Augment materials you may already use for present, ti·ns vrlth these student activity sheets. t~hese activity sheets are pro- ideal ready to pz~m~ and can be ~lven to teachers and youth group coordinators in your community. · IV&tlonal Dmnk~ Wate~ Week · Is May 7-13, lgg$. To · · ~ a rep~sen~ve · Cooperative S~te Reset, ~ Edu~tton ~d ~lon . office, Na~ Reso~ces · Co~e~atlon Se~ce, or o~er · wa~rela~ org~on · ~lt ~ c~s ~d · ~g wa~r ~es ~ yo~ · co~~. The solution to the pumzle is: Or g~ve & presentation on wate~ to prepare Students to work the Blue Thumb C~os~ then make copie~ for each student and let them test theh~ k~owledge &b~ut water. If your ~ w~uld l~ke to learn mor~ &bout Blue Thumb and conserviug and protecth~ o1~ w&tel~ rescrttrces, wr~te to: Blue Thumb Club A~e~tcan Wate~ Works Association 666§ W. Qu~ucy Ave. Denver, CO 80235 · · · · · · · · · · L.lwt. on Chiles Gover'~of' 12C Department of C0LL R C0U, ry o UT!I ITI~S Environmental Protect o j i 2295 ~oH~ Avenue, Suke 3&4 ~nl~ & We~ere~ Fo~ H~. RoHda 33901-3881 CERTIFIED MAIL NO. Z 391 358 272 Michael McNees Collier County Utilities 3050 North Horseshoe Drive Naples, FL 33942 July 26, 1995 RECEIVED AUG 03 1995 OFFICE OF CAPITAL PROJECTS MANAGEM E~,r," Re: ~ OGC Case No. 95-0437 Dear ~r. McNees: Enclosed is the signed and entered Consent Order to resolve the above referenced case. This copy is for your records. Please note that all compliance dates begin from the date of entry of this Order which is July 26, 1995. Upon satisfactory completion of all conditions of the Order, we will close this case and place it in. our inactive file. Your cooperation in resolving this case is appreciated. Sincerely, Peter J. Ware J. Director of District Hanagement ~,~l~rv~iz~ Enclosure cc: Larry Morgan, OGC File "ProccCL Conserve and ManoEe Florida's Environment and Natural Resou~es" 12C BEFORE T~E STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT ) OF ENVIRONMENTAL PROTECTION, ) ) Complainant, ) ) VS. ) COLLIER COUNTY UTILITIES ) DIVISION, ) ) Respondent. .) IN THE OFFICE OF THE SOUTH FLORIDA DISTRICT OGC FILE NO. 95-0437 Collier County - DW CONSENT ORDER This Consent Order is made and entered into between the State of Florida Department of Environmental Protection ("Department") and Collier County/Utilities Division ("Respondent") to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and the Respondent neither denies nor admits the following: 1. The Dgpartment is the administrative agency of the State of Flc£ida having the power and duty to protect Florida's air and water resources and tc administer and enforce the provisions of Chapter 403, Florida Statutes, and the ri/les promulgated thereunder, Florida Administrative Code Title 62. The Department has jurisdiction over the matters addressed in this Consent Order· 2. Respondent :is a political subdivision of the State of Florida and is a person within the meaning of Section 403.031(5), 5 Florida Statutes. 3. Respondent is the owner and is responsible for the operation of the North Collier County wastewater treatment plant ("North WWTP"), a 4.5 MGD wastewater treatment plant with chlorinated effluent to public access spray irrigation and percolation ponds. The North WWTP is located at SR 846 and Coastline Railroad, collier County, FL, Latitude 26' 15' 12" N, Longitude 81' 45' 26" W. 4. Respondent is'%uthorized to operate the North WWTP under operations permit number D011-202881 issued on December 20, 1991 with expiration on December 20, 1996. 5. Respondent is the owner and is responsible for the operation of the South collier County wastewater treatment plant ("South WWTP"), an 8.0 MGD wastewater treatment plant with chlorinated effluent to public access spray irrigation and percolation ponds. The South WWTP is located off St. Andrew Blvd.., Naples, Collier County, FL, Latitude 26' 05' 30" N, Longitude 81° 43' 45" W. 6. Respondent is authorized to operate South WWTP under operations permit D011-190369 issued June 24, 1991 with expiratign on June 24, 19~6. 7. The Department alleges Respondent violated F.A.C. Rule 62-600.740(2)(a). Sewage Treatment Plant Malfunction Reports on January 17, 18, and 19, and February 1, 2, 3, 6, 8, 10 and February 19 through March 21, 1995 reported the overflow of effluent from the percolation ponds of North WWTP into an adjacent drainage ditch which discharges to the Cocohatchee 2 River, class II waters of the State. F.A.C. Rule 62-600.740(2)(a) prohibits the discharge of wastewaters without providing proper treatment approved by the Department. 8. The Department alleges Respondent violated F.A.C. Rule 62-600.740(2)(a)- Sewage Treatment Plant Malfunction Reports on September 21 and October 4, 1994 indicated the percolation ponds of South WWTP were overflowing the harms onto adjacent ground surfaces. F.A.C. Rules 62-600.740(2)(a) prohibits the discharge of wastewaters withou~ proper treatment approved by the Department. Having reached a resolution of the matter pursuant to Florida Administrative Code Rule 62-103.110(3), Department and the Respondent mutually agree and it is, 9. Within 90 days after the effective date of this Consent Order, Respondent shall retain the services of a Florida registered professional engineer for the purpose of: a. Evaluating North WWTP and So~th WWTP including the effluent disposal systems and associated sewage collection system5 to discover the cause or causes of the facilities alleged non-compliance. b. Designing modifications of the. facilities, effluent disposal systems, and/or sewage collection systems if required to ensure that the facility and effluent disposal system will function in full and consistent compliance 'with all applicable rules and regulations of the Department. · 12C 5 c. Completing applications for any Department necessary to construct the modifications designed pursuant to subparagraph b, above, if any. d. overseeing the construction of any modifications to the facilities, effluent disposal systems or collection systems, if any. e. Submitting an engineer's certification of completion to the Department stating that the modifications to the facilities, effluent disposal systems or collection systems have been constructed in accordance with the provisions of the construction permit referenced in subparagraph c above, if applicable. Respondent shall require the engineer to contact the Department's domestic waste compliance inspector by telephone, correspondence or in person prior to the initiation of the treatment system evaluation and design of any modifications provided in subparagraphs a and b, above. ~/~/~(~o 10. within 270 days after the ef~ectlve date of this Consent Order, Respondent shall submit to the Department an 9ngineering evaluation report pursuant to paragraph 9, above, a schedule of proposed construction facility modifications if any 11. Withim'270 days after the effective date oz this Consent Order, Respondent shall submit to the Department completed applications for any Department permit necessary to construct the modifications if any, designed pursuant to paragraph 9b, above. 12. In the event the Department requests additional information in order to process the wastewater construction 12C 5 permit applications, Respondent shall provide all requested information within 60 days after receipt of such an information request. 13. Respondent shall complete the construction of the facilities modifications and submit an engineer's certification of completion to the Department within the time period specified in the construction permits issued pursuant to this Consent Order. 14. By July 1, 1995, and semi annually thereafter, Respondent shall submit in writing to the Department a report containing the following information concerning the facilities: the status and progress of permit applications, modifications, reports, or other submittals required by this Consent Order; work which took place or was completed during the last quarter; work scheduled to be completed in the next quarter; a description of why work scheduled to have been completed in the last quarter was not; and a description of non-compliance with applicable deadlines or effluent limits. The r~ports shall be submitted to the Department within 45 days following the end of the semi annual period. These repore~ shall not be required upon completion o~ the compliance schedule identified in this Order. Respondent shall complete the $30,000.00 In Kind penalty proposal which is attached hereto as Exhibit I and incorporated by reference, approved by the Secretary plus pay the Department $250.00 in settlemeht of the matters addressed in this Consent order. This amount includes $30,000.00 in In Kind penalties for 5 · ' 5 · alleged violations o~ Section ~0~.1~1, Florida Statutes, and of the Department's rules and $250.00 fo~ t~e costs and incurred by the Department du~in~ t~e i~vesti~ation off this matter a~d the preparation and tracking of ~his Consent Order. Payment shall be made payable to the Department of Environmental Protection and shall include thereon the OGC number assigned to this Order and the notation ,,Pollution Recovery Trust Fund". The pa~ent shall be sent to the state of Florida Department of Environmental ProtectiOn, 2295 Victoria Avenue, Suite 364, Fort Myers, Florida 33901. Proof of completion of the in-kind penalty shall be submitted to the Department at 2295 Victoria Avenue, Suite 364, Fort Myers, Florida 33901, within the time frame stated in this paragra9h- If the In-kind proposal is not completed within the time frame specified in this paragraph, Respondent shall pay the Department $20,000.00 within 20 days of being notified by the Department- 16. Persons who are not parties to this Consent Order but whose substantial interests are affected by this Consent Order have a right, pursuant to Section 120.57, Florida Statutes, to petition for an adm!~%istr~tive hearing on it. The Petition must contain the ~nfo~mation set forth below an~ must be filed (received) at the Department's office of General counsel, 2600 Blair stone Road, Tallahassee, Florida 32399-2400 within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the addre6s indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person 12C has to an administrative hearing pursuant to Section 120.57, Florida Statutes. The petition shall contain the following information= (a) The name, address, and telephone n~ber of each petitioner; the Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Copsent Order; (c) A statement of how each petitioner's substantial interests '~re affected by the Consent Order; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Consent Order; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Consent Order; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is filed, the administrative hearing process is designed to formulate agency action. ' Accordingly, the Department's final action may be different from the position taWen by it in this Notice. Persons whose substantial interests will be affected by any decision of =ha Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right 12C 5 such person has to request a hearing under Section 120.57] Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon notion filed pursuant to Rule 60Q-.2.010, Florida Admin~strative Code. 17. Entry of this Consent Order does not relieve Respondent of the need to comply with the applicable federal, state or local laws, regulations or ordinances. 18. The terms and'conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 403.1ll, Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 403.161(1)(b), Florida Statutes. 19. Respondent has been informed by the Department that a violation of the terms of this Consent Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per offense and criminal penalties. 20. Respondent shall allow all ~uthorized representatives of the Department access to the property end,plant at reasonable times for the purpose oX determin]~ compliance with the terms of this Consent Order and the rules of the Department. 21. All plans, applications, penalties, stipulated penalties, costs and expenses, and information required by this Consent Order to be submitted to the Department should be sent to the Director of District Management,.Florida Department of : Environmental Protection, 2295 Victoria Avenue, Fort Myers, Florida 33901. 22. The Department hereby e~ressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statutes, or the rules promulgated thereunder that are not specifically addressed by the terms of this Consent Order. 23. The Department, for and in consideration of the complete and timely performance by Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek Judicial imposition of damages or civil penalties for alleged violations outlined in this Consent Order. Respondent acknowledges but waives its right to an administrative hearing pursuant to Section 120.57, Florida Statutes, on the terms of this Consent Order. Respondent acknowledges its right to appeal the terms of this Consent Order pursuant to Section 120.68, Florida Statutes, but waives that right upon signing this Consent Order. 24. The provisions of this Consent Order shall apply to and be binding upon the parties, their officers, their directors, agents, servants, employees, successors, and assigns and all persons, firms and corporations acting under, through or for them ~nd upon those p~rsons, fir~..,s and c~rporattons in active concert oz participation with =hem. 25. No modifications of the terms of this Consent Order shall be effective until reduced to ~iting and executed by both Respondent and the Department. 26. If all of the requirements of this Consent Order have not been fully satisfied, Respondent shall, at least 14 days prior to a sale or conveyance of the property or plant, 9 (1) notify the Department of such sale or conveyance, and (2) provide a copy of this Consent Order with all attachments to the new o~er. 27. This Consent Order is a settlement of the Department's civil and administrative authority arising from Chapters 403 and 376, Florida Statutes, to pursue the allegations addressed herein. This Consent Order does not address settlement of any criminal liabilities which may arise from Sections 403.161(3) through (5), 403.413(5)", 403.727(3)(b), 376.302(3) and (4), or 376.3071(10), Florida Statutes, nor does it address settlement of any violation which may be prosecuted criminally or civ%lly under federal law. 28. This Consent Order is final agency action of the Department pursuant to Section 120.69, Florida Statutes, and Florida Administrative Code Rule 62-103.110(3), and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Or,er will not be effective until further ordez of the Department. 10 OGC FILE NO. g$-0437 COLLIER COUNTY UTILITIES DIVISION Date FOR THE RESPONDENT: cNees Acting Utilities Director DONS AND ORDERED this ~ day of ~ in Fort Myers, Florida. 1995, {:ILI,~G AND ACKNO',VLEDGEi, IEMT FILED, on this date, pursuant to S 170.52 Florida Statutes, with the designated Depart- ment C{erk, rece}pt o( which is hereby acknow. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION District Management I HEREBY CERTIFY that a true and correct copy of the following was furnished by U.S. Mail t~ i~r. Michael McNees, this ~ day of ~ _, 199s. Environmental Administrator pJW/J%;G/dd/klm 11 Memorandum 12C 5 Florida Department of Environmental Protection TO: virginia B. We~herell, Secretary TKR~UGH: Kenneth J. Plante, General Counsel~ FROM: Larry R. Morgan,..Deputy General Couns/~ SUBJECT: Legal Sufficiency .Review of In-Kind Civil Penalties - e proposed in-kind penalties are consistent with the Department's penalty policy. The proposed in-kind penalties are not consistent with the Department's penalty policy. eCom~ents: t RECEIVED · 12C r. a'm . i Environmental Pro ecfion. O: ,' Virginia ~e~herell Secretary I ," HROUCR: Larry Mor~a~ .Office o~:O~neral Counsel &OMz Peter ; South District 1 ATE1 April 12, 1995 T.,~3E~': In-Kind Pon!lty Authorization A[~aohed for your~=evie~ is the referenced raquem~ ko aee~ In-Kind enalt~em ~rom ghe Co,liar County Utlll~iem [n l~au of a olvtl_penal~y i $201oo0.oo. The consent Order hag been reviewed by the Of $1ca of eneral Counsel. InCmmtigatori ~amea Grob Da~e gubm~tted: [-11-95 SR,B46 and ~aetl[ne Railroad · Co,liar County,.~h ~flgitud~ 1 5 ; SoGtton/To~/Rahg9 28/4GS/25Z Sci attached ciyi~ penalt~ oomput~tion ~h~t o )n~ltlon number X6.o~ the Conean~ O~m= oa~ came 95-o¢37, : ed r~ ct conoist~of assisting in the rehabilitation of ~he pro~o~...p J} ..... ~ ...... *~m and wamtewater treatment plant. ~ has filed a requag~ ~o ~ile su£~, OGC Casa ~ne Dlstric . rase, Funding has .-16~0-¢-~6-DW againmt Copeland Village/Lee Cyp . / (X~ch ~ lXl ~o= aaoh viola~on for ~l~ an ad~eA~ 5 5 aith/Laok of ~ood faith ~r[or ~o ~,:l. aoove~:'yt [cation: · aith/~.ack of good faith after discovaryt icat ion: ' of ~on-complianca: ' cation: ' lc benefit ot non-co~Dliancet ; icatl6, n: y to pay: cation: : Total AdjUStments: _ Dollar Amo.vnt D--[reoto= o~ 80U' For Fir: 30.%0 NO ],Ax ~,s~3~ ~.~o.'~ } · I Myerd, yl~6~ida 33901' · ' , .: " I lO~.~a ;h~nk you ~d t~ o%h~r ~Plam~ friday t~f dtmcuam ~our Pr°~u~llY satisfactorily r~solutioh. In ~t ~ g ..... .~4~les woul~ ~-~- . .... ~- ~4ou,'of ~a civil dir 0 h~o~long would ;be o~ gr . . which L~ lo~=%u ~ ..... -~ vide tbm a co~ ~ com~it , a ~0 ~_0 X~ : can'provid~ turth~ Lnfo~a~ion o~ to ,our re~p~nne and to lc°mple~in~ th9 remolution of t~i~ matter. . . Att ohm~t · ~ , ~ .' · " ScheC~, O~nior ~l~, .... d ; W~tor and Sewmr 'ie** ~or ..... 'n- co,ts in ,i~ated th. --ret,and sewer hook P ,. erform thG wo : roJGO~ '' : ' ~0o0 · $42~000 · $4~,ooo ' _ _ , $82,000 Co~tG ' : -O~a~OW~ Of tho ~q~lpmu~v ~- . ', CC~ "Oro~ Mihali¢ ~ousin~ and' Urban Xmpzpv.men~ D~.CecCO= '~ .: 1. P.C 5 12C .5 ~ o °°~ ~§~o ~oo 12C 5 12C 1..2C 5 '1 c~_c I ~. -- ~ 12C 120 12C c~ . (~L lc) i~o. '," 12C Std. Effluent Agmt. Rev. 3/15/90 AGREEMENT FOR DELIVERY kND USE OF TREATED WASTEWATER EFFLUENT FOR SPRAY IRRIGATION THIS AGREEMENT is made and entered into this [DAY] of [MONTH], YEAR], by and between [Ni~{E OF USER - SEE INSTRUCTION NO. 2] (hereinafter referred to as "User") and the BOARD OF COUNTY COM2~ISSIONERS OF COLLIER COUNTy, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "DISTRICT,,). User is used as singular or plural, as the context requires. R E C I T A L S: WHEREAS, the District is desirous of obtaining additional long-term disposal facilities for treated wastewater effluent, (hereinafter referred to as "effluent',) produced by one of its wastewater treatment facilities; and WHEREAS, User is desirous of obtaining effluent as a long te.~ irrigation resource for its golf course(s), located upon the lands described in Exhibit A, attached hereto (hereinafter referred to as "Property,,). W I TNES S E TH NOW, i'HEREFOR~, in consideration of the ~:ovenants her.~:~na£tar c,,ntained and other good and valuable consideration, the hereto agree as follows: 1. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. User has requested that District provide available effluent to User. User represents and warrants to District that the party or parties identified herein as User constitute all persons or entities who are the record owners of the Property described in Exhibit A. 2. QUANTITY. The User will guarantee acceptance from District of a minimum of [INSERT NIr)fBER OF GALLONS] gallons per day (GPD) of effluent for golf course irrigation for a period of five (5) years from the date of this Agreement. At the end of the five (5) year period and each successive five (5) year period thereafter, this Agreement shall be amended and revised to reflect all of the terms and provisions then being incorporated in like agreements by the District for delivery and use of effluent and thereafter renewed for successive five (5) year periods, unless terminated by either party as provided for herein. 12C 5 8. RATE TO BE CHARGED FOR EFFLUENT. For furnishing of the effluent, the District shall initially charge and User shall pay the sum of [INSERT AMOUNT IN DOLLARS] per thousand gallons (hereinafter referred to as "effluent rate") for effluent. Said effluent rate per thousand gallons shall be in effect commencing at the time District begins delivery. It is anticipated, but not warranted, that said delivery will begin in [INSERT MONT~ AND YEAR]. The User shall pay to the District the charges set forth above, as an availability charge, regardless of whether or not the User takes effluent. 9. RATE CHANGES. The District shall have the right to decrease or increase the effluent rate from time to time upon providing thirty (30) days prior written notice of a rate change. Any increase in the effluent rate shall only arise from the District's increase in costs representing production, treatment and delivery of the effluent, or as the result of a rate study which determines that an increase in the effluent rate is required to finance the costs of production, treatment and delivery of the effluent. Any rate increase shall be the same increase or rate charged to similarly situated users. 10. BILLING. The District shall bill the User monthly for the effluent quantity agreed upon herein. Should the User desire additional effluent, and the District be willing and able to supply effluent exceeding the amount (GPD) agreed upon herein, the User shall be billed for this additional amount within the normal billing procedure. The User agrees to pay for this additional effluent at the prevailing effluent rate. The User shall make payment to the District within thirty (30) days of the date of the bimonthly statement. 11. UNPAID FEES ARE A STA~J~£ORy LIEN. The User acknowledges that in the event the fees, rates or charges of the services and facilities provided for under this Agreement shall not be paid and become delinquent, any unpaid balance and all interest accruing thereon shall be a lien on the affected property pursuant to Chapter 153, Part II, Florida Statutes, as amended. 12. EFFLUENT AVAILABILITY. The District shall make a diligent effort to make available to User the agreed upon quantity of effluent during any 24-hour period. It is the express intention of this Agreement that this quantity of effluent shall be available for withdrawal by User at any time during the 24-hour period from the storage facility to be constructed on User's property. 13. USER EMERGENCY SITUATIONS. In the event of an emergency, as defined below, User shall notify any of those District representatives set forth herein and request that the pumping of effluent temporarily cease. Such notice shall be i~ writing Where circumstances permit and, in the event of an immediate emergency, such notice may be by telephone with subsequent written confirmation. It is understood by the parties that District anticipates that it can assist User with the storage and non-delivery of treated effluent for a period not to exceed three (3) days in such an emergency situation. Such storage of effluent, however, shall be subject to the rules, regulations and directives of the Department of Environmental Regulation. Emergencies shall include but shall not be limited to: (a) Climatic conditions such as hurricanes, floods or unseasonably excessive rainfall which make it impossible for User to accept the treated effluent. (b) Short term equipment or material failure making it impossible for User to store or distribute the treated effluent. (c) An Act of God which makes it impossible for User to accept, store or distribute the treated effluent. 14. NOTIFICATION OF DISTRICT. Those representatives of District who shall be notified in the event of an emergency are: (a) Collier County Utilities Administrator 3050 North Horseshoe Drive, #290 (813)434-5050 Naples, Florida 33942 (b) Collier County Wastewater Director 3050 North Horseshoe Drive, #29(. (813)434-5050 Naples, Florida 33942 (c) Supervisor, Collier County [INSERT NAME OF PLANT Wastewater Treatment Facility [INSERT TELEPHONE NUMBER] 15. DISTRICT NOT LIABLE FOR FAIL~ TO DELIVER EFFLUENT. · ~The District shall not be held liable b User for failure to deliver treated wastewater effluent if reasonable situation preventing such delivery exists. Such situations shall include but not be limited to:, (a) A lack of treated wastewater effluent due to loss or lack of flow to the treatment plant or due to process failure. (b) Contamination in the treated wastewater effluent making it unusable for irrigation. (c) Equipment or material failure in the treated wastewater effluent delivery system, including storage and pumping. (d) An Act of God which makes delivery by the District not reasonably feasible or impossible. 12C 16. NOTIFICATION OF USER. The representative of User who shall be notified in the event of an emergency or District's inability to deliver effluent is: (a) [INSERT TITLE, ADDRESS AND TELEPHONE NUMBER] If and when emergency situations occur, the District will notify User by telephone and follow up with a letter stating the nature of the emergency and the anticipated duration. 17. WRITTEN NOTICE OF ADDRESSES AND TELEPHONE CHANGES REQUIRED. The District and the User may change the above mailing addresses and/or phone numbers at any time upon giving the other party written notification, return receipt requested by U.S. Mail. ' 18. USE OF EFFLUENT. Except as set forth above, User shall accept the effluent delivered by the District and use it for irrigation on the Property in any manner determined by User, except that use of the effluent shall be consistent with local, state and federal regulations. Except as the normal use of the irrigation system may incidentally spray effluent into the lakes, ponds, ditches and sloughs on the Property, User shall not discharge effluent directly into the surface waters of the State of Florida without written authorization from the Florida Department of Environmental Regulation. User shall take all reasonable precautions, including signs and labeling, to prevent confusion between effluent sources and other water sources downstream of the Point of Delivery. The District shall be deemed to be in possession and control of the effluent until it shall have been delivered to User at the Point of Delivery, after which delivery User shall be deemed to be in possession and control of the effluent. 19. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS. If for any reason during the term of this Agreement, local, state or federal governments or agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any change in the operation of the treatment, transmission and distribution systems or the application and use of effluent, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from the performance thereof and a new agreement shall be negotiated, if possible, by the parties hereto in conformity with such permits, approvals, or requirements. However, nothing shall require User or District to accept any new agreement if it substantially adds to its burdens and obligations hereunder. 20. USER'S RIGHT TO TERMINATION; AGREEMENT RUNS WITH LAND. The User shall have the right to terminate this Agreement if the District continually fails to deliver effluent, under the conditions described in Paragraph 15 herein. The User shall have the right to sell, transfer or encumber the land areas irrigated with the effluent and described in Exhibit A, except that written notice of any proposed sale or transfer must be given to the District, as provided for herein, at least thirty (30) days prior to the sale or transfer. So long as use of the property shall substantially continue to be for the purposes intended by this Agreement, any subsequent party in interest shall be obligated to receive and use the specified quantity of effluent under the same terms and conditions of this Agreement unless modified by mutual consent of the District and the buyer, or transferee or successor in interest to the User. ' 21. DISTRICT'S RIGHT TO TERMINATION. The District shall have the right to terminate this Agreement if the User fails to accept effluent under thu conditions described herein, or if performance is prevented by third party litigation, or if the User is or reasonably appears to be irresponsibly or illegally disposing of or using the effluent, or if any other event beyond the control of the District prevents performance, or if the User fails to pay delinquent fees, rates, or charges for the services and facilities provided for under this Agreement. 22. TIME OF TERMINATION. Where practicable, termination on the part of either party shall not occur before one hundred and eighty (180) days after the terminating party has notified the other party in writing, except in an instance where User is, or reasonably appears to be, irresponsibly or illegally disposing of or using the effluent. 23. ACCESS. The District shall have the ~ight, but not th~ duty, to enter upon the Property of User to review and inspect at reasonable times the practices of User with respect to conditions agreed to herein. Such entry shall normally be for the purpose of review of the operation of the effluent irrigation system, for inspection of distribution mains and appurtenances, and for sampling at any monitoring wells located on the property of User. User may have a representative accompany the District personnel. 24. INDEM~'iFICATION. User acknowledges that the effluent, due to its chemical composition, may not be compatible for irrigation of certain susceptible vegetation. User agrees that District shall not be held liable for damages that may occur to vegetation or for any other damages which may occur due to the use or acceptance of effluent. The User, in consideration of ten dollars, receipt and sufficiency of which is accepted through the signing of this Agreement, shall hold harmless and defend the District and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to this Agreement. 12C 5 25. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the formal parties hereto, and their successors in interest, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit any third party not a party hereto. 26. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not effect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. To that end, this Agreement is declared severable. 27. LAND USE APPROVALS. This Agreement shall not be construed as a basis for either granting or assuring or indicating, or denying, refusing to grant or preventing any future grant of land use or zoning approvals, permissions, variances, special exceptions, or any other rights with respect to the real property in the irrigated area. 28. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida and the Collier County Utilities Standards and Procedure Ordinance or its successor in function. 29. RECORDATION. This Agreement shall be recorded in the Public Records of Collier County, Florida. 30. ASSIGNMENT. Assignment or transfer of the User's rights or obligations under this Agreement is prohibited without prior written consent of t~e District. 31. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and assigns. 32. ENTIRE AGP~EEMENT; AMENDMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter referenced herein. Any amendment hereto shall be in writing duly executed by the parties hereto, or their successors in interest to the Property. 12C IN WITNESS WHEREOF, the foregoing parties have subscribed their hands and seals the day and year first above mentioned. [DEVELOPER,S WITNESS AND SIGNATURE BLOCK - SEE INSTRUCTION NO. 3] A~fEST: DWIGHT E. BROCK, Clerk COLLIER BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLrNTY AND AS EX-OFFICIO ThE GOVERNING BOARD OF ~7{E COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiency Assistant County Attorney By: its Chairman [DEVELOPER,S ACKNOWLEDGMENT A/TD NOTARY BLOCK - SEE INSTRUCTION NO. 4] STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared [INSERT NAME OF CHAIRF~tN] well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, as The Governing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water-Sewer District, being authorized so to do, executed the foregoing Effluent Agreement for the purposes therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this day of ., 19 (Notarial Seal) Notary Public My Commission Expires: J % 12C · ' ORDINA.~C£ NO 91- ~9 ~DEFINITIONS; PROVIDING ABBR~IATIONS; PROVIDIN~ SUPPL~ENTAL S~CE C~GE; PROVIDING RULES REGU~TIONS; PROVIDING FOR HONI~RING INSPE~ION OF FACILITIES; PROVIDING VIO~TIONS; PROVIDING ~OR CONFIDENTIALITY ZNrO~T:ON; PROVIDING FOR S~VICE C~GES FEES; PROVZDIHG FOR ~F~I~, S~BILZTY~ EFFE~ZVE DATE BE IT O~AINED ~O ~A~ BY ~E BO~D OF CO~ISSION~S OF CO~I~ CO~Y, ~RIDA, ~-OFFICZO ~E ~O~ OF ~E CO~IER CO~ WAT~-S~ DISTRI~, that: ~ECTICN ONE - P~POSE COUNTy GOVERNING This ordinance sets forth uniform recluirements for direct and indirect contributors into the ~astewater collection ar~d tree,tent systen for Collier County Water-Sever District and enables Collier County Water-Sewer District to co~ply with all applicable Slate and Federal laws required by the Clean Water Act of 1977 and the General Pretreat=ent Regulations (¢0 CFR Part 40]). 1.2 The obJect£ves of this ordinance are: 1.2.1 To prevent the Introduction of pollutants int¢ tlc County vastewater system ~hlch will Interfere with ~he opera:i:n the system or contaminate the resulting sludge; 1.2.2 To prevent the lntrcxluction of pollutants into :he Cc:mty v~stevater ~ysten v~;._h ~11 pas~ tb. roug[~ ~e sy~lee. inadequately treated, L to. receiving va~ers or ti.e atmosphere or otherwise be incompatible vi~h the systee; 1.2.~ To l~prove the opportunity to recycle and reeler= vastevaters and sludges from the syste~; and 1.2.4 To provide for equitable distribution of the cost el County vaste~ater system. 1.3 This ordinance pro~'ides for the regulation of direct and indirect contributors to the ~unicipal ~astevater system through the issuance of permits to certain non-domestic users and through enforcement activities, requires user reporting, assures that -1- 12C existing customers' capacity vi11 hOC be pre-empted, and provides for ~he setting of fees for the e<tuitable distr~bution of costs resu~tinq from the program established herein. 1.4 This ordinance shall ap~ly to the Collier County Water-Sewer District and to persons outside the District who are, by contract or agreement with the District, Users o~ the District Publicly o~ed Treatment Works (1~). Except as otherwise provided herein, t_he Adminls~ator o~ ~e Collier Coun:y a:llltles ~lvlsion shall a~ini~{er, imple~ent and ~n~orce the provlslo~ o~ this ordinance. ~I~ION ~0 - DUINITIONI Unless t_he contex~ r, pecilically indicates otherwise, the meaning, of tel-as used in t-his O~dinance shall be a~ ~ollovs: "l~.~i~istr&to:" shall mean the administrator of ~-,viror~ental Protection Agency or representative. : 2.2 "Authorized Representative" executive officer of at least the level bls duly au~%orl:ed shall b~ a principal of vice presiden~ if t. he industrial us~.r is a corporation; a general partn~-r or proprietor if ~he industrial user is a partnership or .sole proprietorship; or individual if such representative is responsible for the overall operation of the facility. 2.3 "SOD" (denoting Biochemical Oxygen D~-~an~) sba'' ~hc cua.',~ity of o~g~n utilized in ~,e biochemical oxidatl. ~ organic matter under standard la~rato~ pr~edurm 1~ fl~e (5) days at 20' C, e~res~ed In milligrams per liter. ~.4 ,'Sufl4i~9 Drai:" shall mean that ~rt of the horizontal piping of a drainage system ~hich receives the fram soil, ~aste and other drainage pipes lnsid, thm ~alls of a building and conveys It to the building se~er, ~lnnln9 five feet (~.5 meters) outside the l~er face of the ~lldin9 ~all. 2.5 "Buildi~q ~e~er" shall mean the extension from building drain to ~e public sever or other place of 120 2,5 "Chemical Ox'yge~ DemaDd (COD)" shall mean a ox'~gen equivalent of that p~rtion o~ the organic matter in m s~mple that is susceptible to oxidation by a strong chemical oxidant. 2.7 "County' shall mean the. Collier County (?lorida) Water-Sever District, Board of County Commissioners o~ Collier County, rlorida, or the duly authorized stall, aggnt or the representative acting on b~half o~ the Board of County Com~issioners to supsr~zise and manage ~e operation o: ~e publicly ~e~ voter and vastevater :acilLtles. 2.1 "cooli~ Valet" shall mean the voter. building s~se~ent to Its . use Eot purposes connected with air conditioning, cooling, re~rigeratlon, or tot other pu~ses to which the only pollutant added Is beat. 2.9 "Direct Ol~cha/ge" shall mean the or untreated va~tewater dlre~ly to ~e surface of Florida. 2.10 "Domestic Va:ts~ter" shall mean discharge of treated waters of t. he State voter-ca,-tied wastes whic~ shall not exceed t~ge follovl'ng concentrations: 200 md/1 BOO, 200/1 TSS, 30 mg/l TTL-'/ and 15 phosphorus. 2.11 "£aseneat" shall =eon acquired legal right tot the specific use of land ov~ed by o~hers. 2.12 "Enviro~me~t&l Protection Agenc~ (EPA)" shall mean United States Environmental Protection Agency, or where appropriate t~.e te.~m may also fa used as a ~esigm~ion ~or the A~Inls~ator or o~:er duly author(.zed official oi s~ld 1.1] "Garbage" shall mean solid wastes from ~e domestic and commercial preparation, c~king an~ dispensing of f~, a~ from the handling, storage and sale of pr~uce. ~.li "Indirmct 8lscbarge" shill mean the discharge or intt~uction of non-domestic pollutants from any source into the =unlcipal wasteuater facilities as r~ulated under Section lO~ (c) or (d) of the Clean Water Act, as amended from time to tlse. 2.15 ,'Industrial Oser" shall be a source o~ Indirect 0ischarga as re~lated under Section lO~ (b), (c) oc rd) or the clean ~ater Act, as amended from time to time. 12C' 5 2.16 ,'Industrial Vaste Surcharge" shall mean the nonetar7 charge made in excess of the sewer service charge for all waste~ater over ~nd above not-~al wastevater. 2,17 "Indu~triel va:Les~ shall mean t~e liquid wastes discharged from industrial manufacturing processes, trades, or bus~nes~es and herin9 characteristics different fr~m douestlc 2.18 ,,l~:lltratlo~/Inflow~ shall mean ground valet amd surface ~ater'~htch leaks into ~he severs :through cracked pipes, ~oint$, aar~oles or other openings. 2.lg "laterfere~cs" shall aean the Inhibition or disruption of the PublicLy O~ed Treat_~ent Works (POTW) processes o~ its operation vhi~ contributes to a violet:on of any retirement of ~e Co~:y's stats issued operatl~ pe~it. 2.20 "May" is a vord ~at when utilized in ~ls Ordinance has a pe~iSsl~e ~eaning. 2.2t "~atio~l C~tegorical Pretrea~ent Standard" or ,,p:etrea~e~: Standard" s~all ~ean any re~lation pollutant discharge llalts p~omulgated by EPA In accordance vi~ Clean ~ater Act, as aae~ded :roa tl~e to tl~e. "~at~al ~tlet' shall :ean any outlet Iht: pond, dit~ l~ or o~er ~y o: s~face water 2°22 watercoLL~se, 9-r~U~dvate~. 2.23 "~oz-mal Vastevate:a shall mean wastevater disc~'r- ' in:0 t_be pantt~ry severs Ir whic~ the ~eerige concentration of suspended solids and ~)O Is not sore thah 250 ~g/1, total phosphor:s is not more than ~$ mg/1, total Z~eldahl nitrogen is n~t more ~aa =9/1; and to:al ~low is not Bore ~an 25,000 gallons per day. 2.24 '*O'Y~er" shall Bean person desiring or receiving se:vice. 2.25 "Persoa" shall mean any individual, firm, company, government entity, association, society, corporation, or group. 2.26 "pG" shall Bean 'the logarithm (base 10) o: the reciprocal o~ the veight of hydrogen ions in gra~s per liter solution. -4- 12C 5 2 .2? "Pollution" shall mean the aa n-~adQ or man-induced alteration of the chemical, physical, b101o91cal or radlolo~ical integrity of water. 2.28 "Pollutant" shall mean any'dredged spoil, solid waste, incinerator residue, sewage, 9arbage, sewage sl~dqm, munitions. chemical wastes, biological materials, radioactive materials, heat, Recked or discharged equipment, rock, sand,, cellar dir'. and industrial, municipal or aqrlcultural wastes discharg~ into surface va~ers'cr ~ound va~ers of ~ha Sta~e o~ ~lorida. 2.29 "p~etrea%men% or Tree.mBt" shal~ mean ~e rtduc:io~ Of .~. ~lte~atlon Of ~e n~t~e of pollutant ~ope~t~es of a va~tevate~ to less h~f~I degee ~r~o~ to o= ~n l~eu of d~scha~n~ o~ ln~uc~ s~cb 911utants Into a ~, or pro'edwal retirement related ~o pretreatment o~er than National ~%egor~cal Pretreatment Standard lm~ed off a vasteva%er discharge~. 2.31 "~rivatm ~evage Disposal ~t~" shall Dean lndividua~ on-site sewage treatment and disposal system such 4s septic ta~s, cesspools and similar facilit~es but not lncl~in~ pelage sewage treatment plants. the preparation, cooking and dl~pensln9 of fo~ ~a~ hawm been zhred<-.i to such a ~'~ee that all a~lcles vii1 ~ ~rried treaLmen~ works which Is owned In this instance by the County. Th:s definition includes any sewers that convey wastewater %o the treatment works, but does not include pipes, severs or conveyances not connected to a facility providing treatment. 2.34 "P~lic ~ever" shall mean a sewer In which ail owners abutting properties have equal rights, and Is controlled by a public authority. 12C 5 and to which storm, surface waters and ground waters ar~ not 2.36 "Sewage" shall mean a com~inatlon of th~ water-carried wastes from residences, business buildings, institutions and industrial astabli~?Lments, to<lather with such ground'waters and surface and storm waters as may be present. 2.37 "Ge~-~e Treatment Plant" shall mean all facilities for treatment and ~lsposal Of sewage, 2.3a "Sewage works" shall mean all facilities for collecting. pumping, =reatment, and disposal of sewage. 2.39 " "Sever" shall mean a pipe, or conduit for ca~rying sewage. 2.40 "Shall" and "~111" are words ~at when utilized ~n Ordinance have a mandato~ 2.41 "S!~ific~t violation" shall ~ a violat~on which r~a[ns ~co~ected for 45 days after ~o~if~cat~on of noncompliance; which i~ pa~ of a pattern of noncompliance over a ~velve mo~th peri~; which involves a fall~e to accurately repo~ halt or el~lna=e l~ediately a discharge. 2.42 "slug" shall mean any d~scharge of water, sewage or lndu~lal waste whi~ ~n concentration of any given constituent or In ~antity of flow may cause upset of the ~ operation or excee4s for an~ peri~ of duration longer than fi[teen (15) minut-- Lure than five {5) tim~ ~e average t%unty-fuur (2~1 hour con~en~at~on of flow~ during mo~al agency within ~he State government having Jurisdiction over particular topic of concern. 2.44 "Standard Industrial Classification (SIC}" sha~ meaa classification p~rsuant to the Standard Industrial Class~f[ca~io~ Manual ~sued by the Ex,cutive Off,ce of the Presidem~, Office 2.45 "Sto~ Dra~n" (somet ~es termed "sto~ seve~") mean a sever ~h~ch carries 5~o~ and surface wa%ers and draLnage 128 5 excludes sewage and industrial vistas, othor th~n undiluted 2.45 "Suspended $o114s" shall mean solids that either float on t.ha surface of, or are In suspension in water, sewage or other liquids, and which ara removable by laboratory filtering. 2.47 "Toxic Pollutant" shall mean any ~ollutant or combination of pollutants listed as toxic in reg~latlon~ pro~ulg&t,4 · by ~ A~lnlstrator ol ~ ~vlro~ental Protection lg,n~ provisions o~ th~ Clean ~ater Act. as ~mend~d~from "~ser" shall ~n in7 person who contri~tes. ~uses or pea!ti ~e contribution o~ vastevater Into the Count)'s 2.49 , "Utilities A~/~tr~tor" ,shall mean ~e ~rson desi~&ted by Collie~ Cowry to supe~ise the operation publicly-o~ed treatment vorks or his duly authorized or representative. 2.S0 "Wastev~tez" shall mean a con,nation vat~ar~ed vastes from ~es~dences, bus,ness institut'!ons an~ ~lndustrial establlshments, t~e~eT 2.51 "~atercours~" shall mean a channel In vhich a ~]ov O~ rater ~C~S, eider continuously o; lnte~ittently. ].l ].2 3.4 3.5 3.6 3.7 3.9 ].10 3,12 "kSTM" American Society for T~stlng and r:aterial~ "BOD" Blcche~'.cal Ox~m.)en De=and "tFlX" Code of Federal Regulations .% "COD" Chemical Oxygen Deja'nd "DE7~" Florida Department of Environmental Regulation "£PA" U.S. Environmental Protectio~ Agency "mg/l" Milligram per liter "NPD~S"Nati0nal Pollutant Discharge Elimination System "POTW" Publicly O~rned Treatment Works "ppm" Parts Per Nlllion .. "SIC" Standard Industrial Classification "aS" S~spended Solids Total KJeldahl NitrOgen Water Pollution Control reder·tion 5 S£C~ION YO~I~ - S~pI~LL~iD~.XL $£RVICg 4.i Wastewater system users determined by the County to be included in the Pretreat~aent prc<jram shall pay a ~onthly'Supplement·! Service Charge for the ·ddition·l sea-Vices ragu/red to monitor wastes ~ing 'discharg~ by such users. ~is Supplemental Service ~a~ge wiil be levied ~o~ ~e 4.i.~ Honi~o~in~, inspections and su~etiiance 4.1.2: Collectto~ and analyses o~ waStewate~ 4.1.] Collection and e~aluation o~ monitoring data; 4.1.4 E~ip=ent se~icing by ~ independent semite co~pany; 4.~.5 O~he~ re~i~em~n~ ~ee=ed necessa~ ~o implement Pre~ea~ent ~r~ra= as dei~eated iff this Ordinance. Thi~ charge shall be separate and distinct from the industrial se~'age strength sar"vice charge. 6£CT. ION ?ZV~ - RULES ~%r'~ R~GUT~TION$ 5.! The following Rules and Reg~lations apply throughout ~he area encompassing the Collier County Water-Sewer District and tO all va~te~ater dischargers provided ~asteWate~ sar-vice by the County. 5.2 O3a of l~J~llc $ewers Re<TuJred 5.2.1 All premises shall be provided, by the o~er thereo~. with at least one (1) to,let. All toilets shall be Xept clean a~d i~ a sanitary working condition. Every flush toilet shall be connec:ed to a public sewer where available or to a septic tank. Flush toilets shall b~ provided at all times with sufficient running water under pressure to flush the toilet Clean after each use. 5.2.2 No person shall dispose of human excrement except in · toilet. : -8- dO. 5.2.6 12C $.2.~ It shall b~ unla~fu! to discharge to any natural outlet within Collier County, ..,r in any area und,r the Jurisdiction or'said County, an~ sanitary s~,age, vastewater, Industrial wastes, or ot~er polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance. 5.2.4 Except as hereinafter provided, It she1! b~nlavful to construct or maintain any privy, privy vault, septic tm'mX, cessppol or other facll£ty Intended or used for the disposal of sewage. $.2.5 Tie O~ner(s) of all houses, buildings, or properties used fo~ hu~a~ ~pan~, ~lo~ent, recreation or o~4c within the ~undarl~ of ~111~c County vl~ property l~nes and <. located vi~[n two b~dred (200) feet of a l~nm of · ever nov ~n existence or ~ch may be const~cted In hereby red,red a% his ~ expense to ~nstal~ suitable toilet. facilities ~erein and to ~ect such fac~lit~es directly with sa[4 of p~lic sanita~ sev~ In accordance with ~e provisions Ordinance vi~ln (~0) ~ys after date of official notice so All sinks, dishwashing ~achines, lavatories, basins, shover baths, bathtubs, lau~ncir7 tu~s, washing machines, and s!milar plu~lng fixtures or aP~liances shall be connected to ~he public sewer; provided that where no sever Is available, septic other private subsurface disposal facilities, approved by the County must b~ used. ~.~.; User ~hall b~ notified when sever Is ava%labie. 5.2.S.~ Eeu~ge shall ~ considered available s~nqle family duellinq vh,n ~e due]Z~nq can ~ connect~ by gravity flow or grinder p~p to a line In any public right-of-way or ease~en: which passes the property at any point. 5.2.~.2 Sewage shall ~ considered available to any ney single family dvellin9 when ~e dwelling can be connected by the station force main from the neares~ porn% of ~he 5.2.~ Sewer user fee~ sha~l be charged effective upo~ notification of the availabi~i%y of se~er se~w~ce. -9-- 5.~,9 Connection to the public water :ystem is a prerequisite to receiving ~aste~ater service, provided a pubXIc ~ator lin'e i~ within Cwo hundred (200) feet of the property line. 5.3 , ?rivate Sevaga Disposal 5.3.~ W%ere a public sanitarf sewer ts not available under the provisions of Section 5.2, the building sever shatl be c~nnected to a private sewage disposal &yste~m complying, with the provisions of this Section. It shall be unlawful for any persom to construct or maintain any privy, privy vault or cesspool and shai1 be unlawful to maintain or. cons tr~Jc: any septic tank where public available.· kvallabil~'ty of service is defined in SeCtion 5.2 of this Ordinance. 5.3.2 Before co~encement of constr~ction of a private sewage, disposal system, the C'wner shall first obtain & written permit issued by ~he 'HR_S-Collier County Public Health Unit Divls~on of L~vlro,~ental Health and L~agineering (hereinafter referred to as ~ealth Department). 5.3.3 A per, it for a private sevage disposal system shall not become effective ~ntil ~he insta~lation iS completed to the satisfaction of the Health Depart:ent. The Health Department shall be allo~ed to inspect the ~ork at any stage of constz-uction and, in any event, the applicant for the permit ~hall notify the Health bepa-'tz~.~t wh'en t_he wor~ is ready for final inspection and before any underground ~ortli ,n~ are 5.3.4 ~'hm ty2e, capacities, location and l:yo%'~ of & pr~vaL~ sec'age disposal system shall comply with all recommendations of the Health Department and the agency of the State of Florida having jurisdiction. Ho septic tank or cesspool shall be permitted to discharge to any public set'er or natural outlet. 5.3.5 At such time as a public se~er becomes available to property served by a private sevage disposal system, a direct connection shall be made to the public sever ~ith~n ninety (90) days of the official notice to connect to the public system is provided to the property ouner. Abandonment of' any septic tanks, cesspools, and similar private sewage disposal facilities shall be as outlined in Chapter IOD-~, Florida Administrative Code, as tkme to t~me. 5.3.6 The owner shall operate and maintain tho ~rzvate sewage disposal facilities in a sanitary manner at all tiles, a~ no expense to the County. 5.~.7 kny premise that has a septic tank, privy ~r any other sewage, industrial waste, or liquid waste disposal system, located thereon that does not function in a sanitary manner shall corrected within thirty (30) days from tho receipt of ~ritten notification from the Health Officer t.hat said system is not functioning in a sanitary maruner, and order that said system b~ corrected.. 5.3.B No statement contained in this Section sha l~ be ccnst~Jed to interfere with any additional requirements that may b~ ~mposed by the Health Depart-merit or Board of County Co~missioner$. 5.4 Building Severs &~d Co~ectio~s 5.4.1 No unauthorized person shall uncover, make any connections vi th or opening into, use, alter or disturb any public sewer or appurtenances thereof viLhout first obtaining a ~r. itten pe.'-mit from the County. 5.4.2 A separate a3~d independent Building ~euer shall provided for ever~ building, except where one building stands at rear of anot'her and where a separate and independent building sewer cannot physically be located w~thout pas~lng beneath the bui,~ng front, ..,r be co~.~%ructed to tf.e re~.r t..ilding through an ad~o,ning a~ley, courtyard, or driveway. In such cases, th~ Building Se~er from the front buildimg may be ex~ended to the rear buildimg and the whole considered as one Building Se~er, prowided both buildings are under the sa~e ownership. If the building~ are under different ownerships, the County shall require the O~ner(s] to enter into an agreement, meeting the requirements of the County Attorney, re~ard~ng o~nership and maintenance of the ~uilding Se~er. 5.4~3 Old Building Sewers may be used ~n connection with new buildings only when they are found', on examinatioa and %est by the County, to meet all the requirements of this Ordinance. 5.4.4 The size, slope, alignment, matorial$ o( constFuction O~ & Building Sever and the methods to be usec in excavating, placing the pipe, jointing, testing and back(illing the trench, shall all conform to the require=eats of the bJlldlng and plumbing code of Collier County and other applicable r-J les and' regulations of the County and State. In the absence of cc.~e provisSons or in a~plification thereof, the materials a~ pt~dutes ~et forth a~propriate specifl~tio~ of ~e ~ And ~CF Manual of Practice No. g shall a6pl~. ' 5.4.5 ~enever possible, ~e Building Sever shall ~ brought to ~he building at an elevation ~lov the lo-est ~lnlshed ~loor.' Xn all buildings in v~ch any ~ilding Drain ~ too lay to pe~it grav~ty (lay to the public vaste~ater collection system, ca.tied by such Building Dra~ shall be lifted by an approved means., and dLscharged to the Building Sever. 5.4.6 ~o ~er sha~l ~e co~ection o~ roo~ do.spouts, e~erio~ :aundation d~ains, ~eau~y drains or other sources of surface ?:n-o~ c~ grounduat~ to a Building Sever or Building Drai~ uhlch In t'~n is cor~e~ dire~ly or indirectly to ~he public sanita~ sever syst~. All such existing co~nections shall ~e~cved and corrected at ~,e e~e~se o~ ~e use~. 5.4.7 The connexion o~ ~e Building Sewe~ into ~he sanlta~ sewer syst~ shall con:o~ tO tSe re.ire=eats o~ t~e ~ullding and plying c~e at Coll~er County and o~et applicable ' ,Les ,nd r,T~l~t~cns of ~e County or other pr~)dures set ' ~ ap~op, iate ~,ec~f~catlon~ of ~Ae AS~ and ~he ~C? Manual Practice No. g. 5.4.B The applicant for the Building Sewer connect[ca shall not~fy the County Building and PlYing Inspector when the Building Se~er ~s ready for inspection and connection to the pub:~c se~er. The connection shall ~ made by a licensed plu=ber, under supervision of the County Building and Plumbing Inspector. 5.4.9 All excavat~on~ for Building Se~er ~nstal~ation shall be ade~ately guarded with barri~des and lights so as to protect the public fro= danger. -12- 5.4.L0 If any house sewer per--its entrance of i~iltration or inflow, the U~llitles ~d=lnistrator .-ay: 5.4.10.1 Require the Ovner to repair the house sewer. 5.4.10.2 Charge the C~nner a sewer rate that reflects the additional cost of sewage treatment from the Owner's'prope~tT. 5.4.10.3 Require the O%~ner to disconnect his sewer fro: the County's sewer system. 5.$ Application for Services '~ 5.5.1 All applications for the introduction Of water and wastewater service must be ~ade to the County on forms which will b~ furnished for that p~pose, stating fully the various uses to ~hlch ~he water Is to be e~ployed and from which the sewage will be generated. 5.5.2 There shall be t~o {2} cla~se~ of building sewer connect!on per-mits: fa) for residentia 1 set'vice, and (b) for ccr-~ercial sar wire and establls~h~ents producing indust,-lal wastes. In eib. er case, the C~mer or his aqent shall make application for sc';cr connection on a form furnished ~y the County.. The application shall b~. ~upplemented by any plans, specifications or c~he-r info.~atlcn considered pertinent in the judgment of the. County. 5ewer conner%ion, impact,-tap and inspection fees for any commercial or industrial building sewer correction shall be paid to the C:unty at t~e t~me the apollc~tion Is fi]ed in accordance ~lth connection, l:pact, tap and inspection fe~ schedules xs adnpted ~ '~c "-~...y. All ~ewer Jerrico applications shall be ~ubaiLted tO ~he U'[~itL.$ Division which will rev!er and, if In order, will approve and for~at~ one copy to the Building and Pl u.~bing ;nspec%or and one copy to the applicant. 5.5.3 Any Owner discharging industrial wastes into the public ~astewater collection system at the time of passage of this Ordinance shall submit an effluent per-mit application in the required form within slx (6) months from the date of passage Of this Ordinance. All Industrial waste~ater dischargers proposing to discharge into the Public Severs 5hall file with the 'County on forms furnished by the County an additional application for effluent permit, showing the -13- 12C 5 volume, strength and characteristics o~ '~aste di~ch.~rged or to discharged into the Public Sever. If determined necessary by tXa County, analyses of the representative ~'Jstes shall be made by an approved independent laboratory and submitted with the application. Following the initial approval, any change in the use o[ the premises or change in production or operation thereof whic~ causes an alteration in the water use, waste volume, strength or characteristics, shall require an amended application to ~ filed approved by the County prior to implementing the proposed alteration to the premises. All effluent permit and amended effluent permit applications will require payment of a fee to be paid at the time the application i$ filed.'. All review costs, in addition to the .basic effluent per-mit fee, shall be borne by the User and paid prior to issuance of any effluent permit. 5.5.4 It shall be unlawful for any User of the County'm sewers to discharge industrial wastes into the public sewers without oktaining an effluent per'mit from the County. Applications for such effluent pe~~mits shall be made to the County on for~s provided by the County. All information that the County deem~ necessar7 to de%e~lne potential impacts to ~he Publicly ~.ed Treatment Works shall be provided by the applicant. 5.5.5 Effluent permits shall be issued to applicantm ~ the County upon finding that the info~a%ion set forth in the application ~ill conform to the provislon~ of this Ordinance, and that the pr¢,~osed use ~'ill bc compatible '~Jc,~ the ca~-clt}, process0 treatment and nutrient load of tho County'? ~a~t°wate= facilities. permits shall be valid for a term of three [3) years from the date of issuance unless surrendered to, or revoked by, the County upon the realization that an industrial user ~s exceeding the peak quality and volu~e of effluent set forth in the original application and/or effluent per, it conditions. In the event an Industrial User proposes to make any change in the peak quality and volume of effluent during the term of the permit, resulting from increases in production and/or chamqes im the production profile, beyond the scope of the effluent permit, such User shall file an amended application for a permit authorizing such change. Such permit shall not be reassigned or 12C 5 transferred to a new Owner. ney User or d~f~e~ent premises withou~ the appro,,al of the County. Effluent permits shall be renewed by complating the permit appIication form and subsequent review of the application and hlstorlcal compliance records. 5.5.6 ·Applications must be signed by the Owner Of the premises cr his duly authorized agent, and signed by th~ authorized representative of the County showing payment to' the Co'unty of the applicable comB~ection charges, impact fees and deposits provided for prior to the l~itiation of the services. " 5.5.7 All applicants for service, whether Or not'such servtcm ts to be provided to property within the Collier County Sewer Service area, expressly agree· as a condition of acceptance of service to abide by ~he Rules and Req~ulations delineated herein. 5.5.4 All costs and expenses incident to the installation and, connection of ~he building sewer shall b~ borne by the O%~ner. The C~ner ~hell lode---oily the Cou3%ty from any loss or damage that may directly or indirectly be occasioned by the installation of building sewer. 5.4 Effluent Quality Bond 5.6.1 To further assure compliance with ~e requirements of this Ord[nance~ all perz/tted Industrial ~sers~ upon receipt of the effluent permit, shall deposit vit~ c~llier County an 'Effluent Q~ality Bond" for the' permit years payable tn 2o%1'e~ County and ccrdicione~ upon the i;,d~:':crlal User'~ faithful c~mplianca with provis~on~ of ~.[s Ordl~'ance and all State and Federal Requlatlcn$ relating to uater pollution control. Said bond 'shall be further canditioned upon the Industrial User's prompt payment of all assessed to the Industrial User by the County under the provisions of this Ordinance resulting from the Industrial User's failure to comply with the te~s hereof, and to the Industrial User fully indemnifying and protecting the County from any penalties, damages or claims for penalties and damages {including attorney's fees and costs for defending such claims, including any appeals) arising or resulting from the Industrial User's failure to comply with any provision of this Ordinance and/or the State and Federal Regulations -15- relaLlng to water pollution control. quality bond shall be set forth by approved by the County pe:-~it. 120 5 The amount o~ the e~flucnt resolution. The bond shail te Attorney as a condition of issuance of any 5.7 Use of the P~blic Wa~tevater System 5.7.1 No user shall discharge or causo td be dimcharged any 5tor~water, muzfaco water, groumdwater, roof i-un-off, subsurface drainage, uncontaminated cooling water or unpolluted indUStrial prOceSs ~aters to any p~llc ~astevater collection &yste~. '5.7.2 Sto~water ~d all o~er unpolluted ~ain~gm. shall discharged' to such se~er~ as are specifically designated 5ewer~, or to a hat.al outlet approved by the County. Industrial coo[!ng water or unpolluted pr~e~ vaterm may be dimcharged, on~ approval by ~e County, to a sto~ sewer or natural outlet. 5.7.3 Other disch~ge limitations established to preven~ imt~ference wi~ the operation or perfo~anco of ~e ~licly Tre~ent Work m (PO~) are 5pecified by ~,e following 5.~ Gemeral pl~chazge ;rohibit!omm 5.8.1 No User shall contribute er cause to be contributed, directly or indirectly, any p~llutant or ~astewater ~hich interfere wi~h t.he operation or performance of the Publicly Treatment Work~ (PO'I'~). T~a:. feneral prohibitio~ apply to all ~tegorlc a! ~etrea~ent Sta~ard~ or . ny o~er Federal, local Pretreatment Standard~ or Re~irement~. A U~er contribute the following ~ubstance~ to any P~: 5.8.1.1 Any l~ldm, ~olid~ or gasem which by reason nature or ~antity are, or may be, ~ufflcient eith,r ~nteractiOm with other sub~tance~ to cause fire or lnjurioum in any other way to the PO~W or to fha opzra~ion ~. At no time Shall two succe~mive readlng~ on an hazard meter at the ~[nt of discharge into the 5yst,m {or point in the system) be more than five percent (5%), nor any reading over ten percent (10%) of the Lower Explosive L~m~t 12C the meter. Prohibited materials include, but are not l~mited gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcchols, ketches, aldehydes, peroxides, chlorates, pe~chlora~es. bromates, carbides, hydrides, sulfides mhd any other substances uhich the County,-the State or EPA has notified the user 15 · fire hazard to ~%e system. 5.8.1.2 Solid or wiscous substances , which may cause obs~uction to the flow in · sewer or other interference with the operation of {he waste~ater treatment facilities such as, but no= limited to: grease, garbage with particles greater than one-half inch (I/2") in any dimension, animal guts or tissues, paunch manure, bone~, hair, hide~ or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, stra~, shavings c3~-ass clippings, rags, spent qrain~, spent hops, u~ed birth control and feminine hygiene products, ~as%epaper, wood, plastic=, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. 5.~.1.3 ~ny wastewater having a pH cf less than 5.5, or higher than 9.5, or wastew'ater having any other corrosive property capable of causing damage or hazard to structures, equl~ment, and/or 5.8.1.4 A~ny wastewater containing toxic pollutant~ in ~uf~Scient q~antity, either singly or by ~nteraction with other po llutant~, t) injure Jr Interfere with ~:;~ w.st:wat~ ~ea%ment pro<ess, constitute a hazaro ~o hu:ans or a~lm~l~, crc'to · toxic effect in ~he receiving waters of the P~W, or to exceed the limitations set forth in ~he National Cateq0rical Pretreatmen% Standards. A tewic pollutant ~hall include, but not be limited %0, any pollutant identified pursuant to Section 307(a) of the Clean Water Act, as amended from time to time. 5.B.1.5 Any noxious or malodorous liquids, gases, or solids which either singly or by interaction uith other wastes are sufficient to create a public nuisance or hazard to life Or are sufficient to prevent entry Jato the sewer~ for maintenance and repair. 5.1.1.6 Xny substance which may cau'e the PO,--W's e~luent or any other product o~ the pOTW such as residues, sludges, or scum~, be unsuitable for reclamation and re-use or to interfere vith the recla:ation process. In no case shall a substance discharged to the PO~ cause .the POT94 to be in noncompliance with sludge use or disposal criteria, ~aidelines or re~~Jlat!ons developed u6der Section 405 of the clean Water Act, as amended from 'time t~ time; any criteria, %~uidelines, or re~lat~on~ alleging sludge use or developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, ~e Toxic Substance~ Control Act, or State criteria applicable to ~e sludqe management me~ ~ing used. 5.B.i.~ ~y substance vhich ~y cause the PO~ to violate ~t~ State opera%lng pe~it(s) or ~he receiving rater ~ality standards. 5.B.1.B ~y vastevater vl~ obJe~lonable color not re:oved ~he treat:chi process, such as, but not limited to, dye ~astes and vegetable tanning solution~. 5.B.1.9 ~y ua~tevater havl~ a temperature ~hich v~l b[ol~lcal activity in ~e ~ resulting in interference, but In case vaste','ater wi~h a te:perature at ~e lntr~uction into the vhich exceed~ 40'C 5.8.!.10 Any ~a%er or ~aste containing fat~, ~ax, grea~ oils, ~h~ther emulsified or not, ~n excess of one hundred (lC:) or containing substances ~hich may solidify or become viscou~ temperat~es ~t~en th irty-t~o (32') and one hundred fo.'r ?~04'?) (0' and ~(~O~, etc.) released at a flow rate and/or pollutant concentration %hich a Uner kno~s, or has rea~on to ~ov, ~lll cause interference the PO~. In aa case ~hall a slug load have a flo~ rate or con~aln concentration or qualities of ~llutants that exceed for any period longer than fifteen (15) minutes more than five times the average tventy-four (24) hours concentration, quantities, or flow during normal operation. 5.8.1.12 Any waste~ater containing any radioactive wastes or isotopes of such half-%ire or concentration as may exceed the limits established in compliance with applicable Regulations. 5.8.1.13 Any liquid or vapor having a one hundred fifty (150} degrees rahren,h, eit Celsius). temperature higher than (sixty-five [65] degrees 5.8.1.14 kny garbage that has not properly been 5h'redded. The installation and operation of any garl~age grin~er equipped with · motor of three-fourths horsepower (0.76 hp metric) or ~reeter shall be subject to the review and approval of the Utilities Administrator. 5.8.1.15 Amy waters or wastes containinq strong acid iron pickling ~astes, or concentrated plating solutions, vhether neutralized or not. 5.8.1.16 A.ny waters or vastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances or waste~ exerting an excessive chlorine requirement, to such degree that any such material received in ~he composite sewage at t, be sewage t~eat-~ent vorks exceeds the limits established by the Utilities Administrator for such ~aterials. 5.8.1.17 Any waters or wastes containing, phenols or olher taste- cr cdor-prc~ucing substances, in ~uch concentrations exceeding l~its which may be established by ~he Utilities Ad~inist_r&tor as necessa.'-y, after treatment of ~he composite sewage, to meet ~%e req~irener, ts of ~he state, federal, or other public agencies of Jurisdiction for such discharge to %%e' receiving waters. 5.e.l.i~ Materials ~hich. exert or caus ~: 5.5 1.18.1 Concentraclons of lner~ suspended sollfls (such &~. but not limited to, sodium chloride and sodium ~ulfate) dlfferln~ fro: that typically found in domestic uastewater. 5.8.1.18.2 High BOO, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a higher loading than mor~mal waste~ater on the sewage treatment workers. 5.8.1.18.3 High volume of flow or concentration of ~·stes constituting ~lugs. 5.S.1.19 Waters or ~aste$ contain~ng substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that ~he -19- se~age treatment plant effluent cannot neet the requirement; of other agencies havtng Jurisdiction over discharge to the receiving ~aters. 5.8.1.20 Any waste~ater ~hich cause, a hazard to human life creates a public nuisance. 5.8.2 ~en the County dete~ines that a User(s) is ccntributlng to ~he p~TW0 any of Lhe above enumerated subs:ances in such amounts which threaten to interfere with the operation of the ~ or may present an endangerment to the environment, the County shall have the authority to i:~mediately halt or prevent any di,ch&rge of pollutants to the p(y~W. ~e Co~ty ~hall provide tha User of ~is action In accordanc~ wi~ S~ct~on ~.5 o~ ~is Ordinance. S~bse~ent to such a~l~n, the County mhall ~llow User ]0 days for a respon~e~ which shall include thm cause of dfscharg~ amd corrective mea~re~ t~en. Wastewater se~lc~ shall, not be re~ed until such co~ectiv~ measures am n~edmd hav~ be~n ~dert~en to elfminate t~eat of interference or ~ndang~ent to enviror~ent. 5.8.4 Following ~his res~nse peri~, th~ County, a~ dete~ines necessa~, shall ~gin developme, nt of effluent l!mi~atlon(s) and a compliance schedule for such user to co~ect the i~erference wi~ ~,e ~. 5.9 Ma_ximu~ Concentrations Allowed 5.9.1 All sewage se~vice customers are p~ohibited to discharge the following above ~heir lndic~ted concen.rations at ;n~ 5.9.1.1 5.9.1.2 5.9.1.3 5.9.1.4 5.9.1.5 5.9.1.6 5.9.1.7 5.9.1.8 5.9.1.9 5.9.1.10 5.9.1.11 C:anide ............. 0.OSG A_-senic ............. 0.020 mg/l Cadmium ............. 0.030 mg/1 Total Chromium ......... 0.010 mg/1 Ccpper ............. 0.300 mg/1 Lead .............. 0.200 ~/1 Mercury ............ 0.002 mg/1 Nickel ............. 0.200 mg/1 silver ............. 0.040 mg/l Zinc .............. 0.]00 eg/1 TotalPhosphorous ........ ~0.000 mg/l -20- Ammonia Nitrogen Total Nitrogen ........ 25.on0 ~l/l ......... 40.000 5.:0 Pretreatment Facilities - Approval 5.10.1 ' If the County pet-mits the pretreatme~t or equalization of waste flows, tho design and installation of the plants and equip:ant shall b~ subject to the review and approval of t_he County, end subject to the reqUirements of all applicable codes, ordinances, and laws. $.~ Pretreatment Facilities - Maintenance 5.11.1 Where ~%elimina:-y treatment or flay equalizinq facilities are provided for any valets or wastes, they shall be maintained continuously in satisfactory and effective operation by the O~ner at C-~,er'S expense. 5.12 Interceptors (Traps) 5.12.~ Grease, oil, and sand interceptors shall be provided ~hen, ~n ~%e opinion of the County, they are necess.ary for the proper handling of li q~i~ wastes containing 9-tease in excessive amounts, or any fla~able ~astes, sand, or o~her bagful ingredients; except that such lnterceptor~ shall not be required for private living ~car%ers or dvelling or d~elling units. All interceptors shall be of a ty~e and capacity approved by the County, and shall ~c !nc-La( a, to be readily and easily accessible ~or ~lan~ng, cleaninc and inspection. The minimum size of interceptors shall be in conformance with the County's Plumbing Code, ewcept that interceptors for restaurants of all ty~es shall be 25 gallons of capacity per restaurant seat. $.~3 Control Manhole 5.23.1 ~hen required by the County, the O~ner of any property serviced by a building sewer carrying industrial ~aste$ shall install a suitable control manhole to~ether ~ith such necessary meters and other appurtenances in the building se~er to facilitate observation, sampling, and measurement of the wastes. Such mambo%e, ~he~ required, shall be constructed in accordance the County. The manho)~ s~all be installed expense, and shall be maintained by Owner accessible at all times. 12C with plans approvcd by the O~ner at'. his so as to be safe 5.14.1 All measurements, tests, and analyses of the characteristics of waters and wastes to which reference ts =adc in this Ordinance shall be deter-mined in accordance with tha '.latest edition of "Standard Methods for the Examination of Water and Waste'water", published by the American Public Health Association, and sba 11 be determined at ~he cont--ol manhole provided, or upon suitable samples taken at said control mard%ole shall be carried out by customarily accepted me~hods to reflect the effect of constituents , upon the sewage works and to determine the existence of hazards to life, lim~, ~nd property. (The particular analyses involved will deter-mine whether a tventy-foutr [24] hour composite of all outfalls of a premise, is a~propr!ate or whetS, er a grab sample or should be takem. Normally, but not always, BOD and suspended sc[ids analyses are obtained from t~enty-four [24] hour comp~$1te~ of outfalls whereas phs are deter-mined from periodic grab sa:pies.) 5.15 Special Arramgememt~ 5.15.1 'No statement cont~ned (" th~s Ordinance shall ~e construed as preventing any ~pecial agreement or z r-rangement :etvee:: the Co~ty and any industrial con~ern whereby an industrial waste of unusual strength or character may be accepted by the County for treatment, when acceptance by the County will aid in treatment at the sewage treatment plant, subject to payment of an additional charge for treatment of these wastes by the industrial concern. 5.1~ Special krraugements - Determlnatiou of Acceptability 5.16.1 In forming the opinion as to the acceptability of the wastes enumerated in Paragraph 5.8, the County will give consideration to such factors as th~ quantities of sub~ect wastes in relation to flows ~nd velocities in the sewers, materials of -22- 12C 5 coast, ruction of the sewers, nature of the sevaqe treatment plant, o~he~ pe~t~nen~ fac¢ors. 5.17.1 Upon the prcmulgation of the National 'Categorical Pretreatment Standards for a particular industrial sub<:ategory, Federal Standard, if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this Ordinance% The County shall notify all affected Users of the applicable reporting requirenents under 4~-CFR, Section 405.12, as amended from time to time. 5.1g Alternative Di~charge Limits 5.lB.1 The User(s) shall have the right to seek, at their expense, modified Categorical Pretreat:e~t Standards by obtaining & removal allc~ance, using ~he co=blned ~astestream formula, and/or obtaining a f~ndamentally different factor variance through the procelures outlined in 40 CFIR. Part 403, as amended from 5.1t 6tare Rec~uirements 5.19.1 S't~ = r-q~irement~ and llm[tatlon$ on discharges shall req~lre:entm and limitations o,' those in this Ordinance. 5.:0 County'~ Right of Revision 5.20.1 The County reserves the right to establish by ordinance more stringent limitationm or requirements on discharges to the ~astevater disposal system if deemed necessary to comply ~ith the ~bjectives of thi~ ordinance. 5.21 £xce~siYe Dlmcbarge 5.21.1 No User shall ever increase the use of process ~ater or, in any uny attempt t'o dilute a discharge as a partial or complete -23- 12C 5 substitute ~or adequate treatment to achieve coaplionce uith thc ll=itations contained in the National Categorical Pretreat~ent Standa[d~, or in any other pollutant-specific 1Lmitat~on developed by the County or State. $. 22 Pretreatme~t Standards 5.22.1 U~ers shall provide necessa,~y vas~,ewater'treat:ent as required to comply wit-% this Ordinance and shall ach[eve compliance with all Nat['onal Categorical Pretreatment Standards within the time limi%ations as specified by the Federal Pretreatment Requlat~ons. Amy facilities req%dired to pretreat wastewater to a level acceptable to Collier County shall b~ deslgned, const~u~ed, o~erate.d, and maintained by t-he User at his ek-pense with the prior approval of Collier County. 5.22.2 AIl records relating to compliance with ~%e referenced Pre ~eatmenC Standards shall be made available to ~ke County, the State and tke EPA fcr examination and duplication upon request at no charge. 5.23 Slug Discharges 5.23. ~ r~ach User shall provide the County protection from sluq discharge of prohibited materials or other substances regulated by this Ordinance. Facilities to preveant slug discharge of prohibited :a.erials skall be provided and ma~ntained a~ Lhe Ovner's cost and exTenJa. Detailed plans showing facilities ~nd operating procedcres to provide this protection shall be submitted to Co~tec County for · review, and shall be apprcYed by the County before constrict[Ch c~ the facility. Expenses for such review 5hall be borne by the User and paid prior to final approval for const.-uction. All ex:stinq Users shall complete such a plan within one (~) year of the issuance of an Effluent Permit. No User who com~mences contribution to the PO~ after the effective date of this Ordinance shall be permitted to introduce pollutants into the system until slug discharge procedures have been approved by the County. Revie~ and approval of such plans and operating procedures shall not relieve the Industrial User from -24- the ~espons~b~lL%y to ~od~y the User's ~ac~l~ty a~ nece~sory co the requirements of this Ordinance. in the ca~e oE a s~uq it iS the responsibility of the user to immediately telephone a~ notify the PO~ of the incident. The notification shall Include location of di~char§e, type of waste, concentration and volute, corrective actions. 5.25.2 Within five (5) days following a.slug discharge, User shall submit to the County a detailed written report describi~ ~he cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the pOT%4, fish kill~, or any other damage to person or property; nor shall notification relieve the user of any fines, civil penalties, o: liability which may ~ imposed by ~his Ordinance or other app!ic~ble 5.23.] A notice shall be pe.~--anently posted on the User's bul~e~.n~ ~x)ard or other prominent place advising employees ~%om to call in ~he event cf a dangerous discharge. Employers shall that all employees who nay cause or suffer such a dangerous discharge tc occur are advised of ~he emergenc~ notiflcat~cn procedure. $.:4 Maliciou~ Da:age 5.24.% No person shall ~liciou~ly, w'l~'al'7, :r neqli;entiy ~reak, Jamage, destr¢,l, uncover, deface, or tamper with any Structure, appurtenance or equipment which is a part cf the wastewater facilities. Any ~erson violating this pr~v!s[on sna!l 5e subject to im.mediate arrest and shall be respomsi~le for any loss of revenue or mometary e×pendl%ures needed for repair~ brought a~cu% ~y their actions. 5.25 County'~ Responsibility for Normal Maintenancm 5.25.1 The Collier County Water-Se~er District will ~e responsible for normal servicing, testing and repair of meters, ~ain$ and all other plant and equipment belonging to the County. -25- tempOrarily or repairs, & 12C ~emporary Shut Offs The County may shut off ,~at. er or vastevater service uheneve~ necessa~ for the purpose of makin9 or ~oc any o~he~ ~o~ cause necess~ta~n~ any such temporary' shut off. 5.27 Reasonable Se rwice Conditions 5.27.1 The County reserVes the right to refuse to provide, or to cease providing, rater or vaste~ater se r-~ice to any connector for reasons vhich shall include,, but shall not be limited to, use of uater or contribution of vaste~ater in such manner or forTM as to be injurious 'or detri=ental to the general velfare of its cust¢:~rs or the community. The County may require that pretreatment, flo~ regulations, or o~her remedial, preventive, or corrective facilitie~ be installed at the expense of the connector, ~hen the situation so warrants the provision and use of such facilities. 5.27.2 T~e County shall have ~he authority to halt or eliminate i=:ediately and ef~ectlvely, upon notice to the User in acc0rda~ce ~it~ Section 7.5 of this Ordinance, any actual or threatened discharge of pollutants to the pOZ'w which presents or may present an l=m inent or s~bstantial endange~ent to the health or welfare of 5.2~ 'Baselim" ~-port 5.28.1 Within 180 days a'ter ~%e effec%ive date c= a categorical Pretreatment S%a~dard, all Industrial Users subJecC Pretreat=ent Standards ~hall submit to the County a' ~e~ort containing %he following information: 5.28.1.% The na~e and address of the f~c~lity ~ncluding name of the operator and 5.28.1.2 A list of any env[ronmenta~ contro~ permits held by or for the facility; 5.28.1.3 A brief description of the nature, average rate of production and Standard Industrial Classif~cation of the operations. Thi~ description shall include a schematic d~aqram of discharge to the ~O.~W from regulated processes; 5 5.25.1.4 The measure~ maximum sir. jle day fI¢',, peak oho hour flow, and the average dally flow from ea:h process ~tream, in gall=ns per day; 5.28.1.5 The Pretreatment Standards applicable to each te~J[ated process. The User shall submit the results, of sampling and analysis ldent]f'yinq the nature and concentration ~f regulated pollutants in the discharge from each process.' These samples shall b~ representative of daily o~erations and include both maximum and average daily concentrations. Where feasible, samples must be obtained t~rough flow proportional composite -sampling techniques spec££ied in the applicable C~tegorlcal Pretreatment Standard. Where composite sampling is not feasible, a grab sample will be accepted. W~ere stream flow is less than or equal to 250,000 gallon~ per day, the u~er must take three samples within a two-~eek periOd. ~ere stream flow is greater th~n 250,000 gallons per day, the User must take six samples within a two-week period. Samples should be taken i~ediately downstream from pretreatzent facilities if such exist, or i.r_~ed iately dc~n. stream from the re~Jlated process if no pretreat=ent exists. Sa_:pling and analysis shall be performed in accordance with ~ho te~%n~aes prescribed in 40 C}-R Part 1]$, or amendments thereto. ~?.ere 40 C~-R Part 13~ does not contain sampling or analytical tect~l~ue~ for ~he ~ollutant in question, or ~here fha Utilities Ad~in~strator determines that Part 136 sampling and analytical te_hni~ues are inappropriate fcr the pollutan~ in question, and analysis shall ke p(rfo~.ed by using walldaLed, analytical ~e~hOd$, as approved by the County and t_he Administrator. ~--hm County =ay allow the ~ub~ission of a baseline report ~hl~ utilizes only historical data if the data provides information sufflcieat tO deter-~ine the need for pretreatment measures. The baseline repo:t shall indicate the time, date and place of sampling and method~ of analysis and shall certify that such sampling and ana~ysi~ representative of normal work cycles and ~xpe~ted pollutant discharges to the PO~; and 5.28.1.6 A statement revieued and signed .by aa authorized rep'r~sentative of the Industrial User and certified to by a qualified professional engineer indicating uhether Pretreatment Standards are -27- 12C 5 being met operation for the on a consistent ~sis and. i( not. whether addition&! and maintenance and/or additional p~etreatment is ~eclu[red industrial user to meet the pretreatment Standards and RequirementS. t I 5.Z9 Compliance Schedule ' Users to develop 5.29,1 The County shall require Industrial co~pliance ~chedules required to meet Pr etreatment Standards. The proposed compliance schedule shall be submitted to the County for review and approval. This schedule shall be the time limits required for industrial users to provide additional pretreatment and/or operation and maintenance in order to. meet these pretreatment standards- The completion date of this schedule shall not b~'later th~n the compliance date established for the applicable Pretreatment Standard. The schedule shall contain increments Of progTess In t_he form o~ Specific dates for completion of major events leading to the constr~ction and op~ration of required pretreatment facilities necessary for t~,e Industrial Cser to meet the applicable Standards- No increment of such schedule shall exceed nine monthS. ~o later than 14 days following each dat. in the ~c~edule a~d the final date for compliance, the Industrial User shall submit a progress report to ~he County including whether or not it complied on such date and, if not. ~ith the increments of progress to be met tho date on ~hich it e~pects to comply with t~iS increment of progress, the rea.',~l, for the del~y and measures being taken to ret~ rn 'to t_he schedule es%ablished. 5.30 Compliance Date Report 5.30.~ A ~ndustrial User subject to the National Categorical Pretreatment Standards and associated pretreatment Requirements submit to the County within ninety (90) days following the date for [ina l compliance with said Pretreatment Standards and RequirementS, or in the case of a ne~ connector fo~lowing commencement of waste~ater discharge to the pfC'W, a report indicating the nature and conCentration, as well as the maximum single day, peak one hour and average daily flow, Of all pollutants limited by said Pretreatment -28- 5 Standnrds and a=sociated ~r~treatment gequiremen:s being d~sc~rge~ to the poTW. This report will Indicate whether the applicable pretreatment Standa rds and Rec[U~rements are being met on a consistent ba$1~, and if not, what additionaI operation and maintenance procedures and/or pretreatment will be implemented .to bring ~he user into compliance with the applicable National Categorical pretreatment Standards and associated Pretreatment Requiremen~S- T~is statement shall b~ signed by an authorized representative of t_hm industrial user and shall' be certified by a qualified engineering professional. 5.31 Periodic Compliance Ra~ortl 5.31.~ A User subject to the National Categorical Pretreatment Standards and associated Pretreatmen% Requirements will submit to the County during the months of June and December, unless required more, frequently in said Pretreatment Standards or by the County, a report indicating the natu~re and concentration of pollutants 13% the effluent ~hich are l~_mited by the referenced Pretreatment Standards. In addition, thl~ report will include a record of the maximum single day and average daily flows being discharged during the reporting period. At ~he discre.tion of ~he County and in consideration of such fac%or~ as local high or low flow rateS, holidays, budget cycles, etc., the County may decide to alter ~he months d~ring which the compliance report~ ara to b~ submitted by a particular User. These reports shall be sl~ned by an authorl:ed representativm of the industrial user p~inr to submittal. 5.31.2 The County zay impose ~antUm limitations na U~ers in order to meet t~e appltcablm National Categorical Pretreatment Standards and associated pretreatment Requirements, or in other cases where the imposition of ~antUm llmitationm are appropriate. In such cases, the compliance report required by subparagraph (1) of Paragraph will inditer- the quantity of pollutants regulated by pretreatment Standards to be discharged by the User. These reports will contain.the resUltS of sampling and analyses of the discharge, and will include a record of the flow, nature and concentration, or quantity In pounds where requested by the County of pollutants contained %herein which are limited by the applicable Pretreatmen% 12C 5 Standards and associated pretreatment Reou~re~ents. The frequenc~ monitorinq will be prescribed In the referenced pretreat~en: StAndards. All analyses will be performed in accordance with the procedures established by t_he Administrator pursuant to Section 304(g} of ~he Clean Water Act and contained in 40 CFR, Part 136 and amendments t_~ereto or with any other test procedures approved by the Admintst~ator. Sampllng will l>e performed Ln ,accordance vi~h the techniques approved by the Administrator. It should ~ noted tha: where ~0 C~, Part 136 doe~ not include a ~ampl[n~ or aha techni~e for the pollutant In ~est~on, ~ampling and mnaly~e~ ~ perfo~ed In accordance wi~ ~e proc,dure~ ~e~ for~ In the publication entitled 'Sampli~ and ~alysis Procedure~ for of Industrial Effluents for Priority Pollutant~" dated April, ~977, and amen~entS ~ereto, or ~i~ any other sampling and ana l~lca procedures approved by ~e A~inistrator. SECTION $II - MONITORING A~ I~S?ECTION &.1 Monitoring Facilities 6.~.1 ~-ae County shall require constr~ction, operation and =aintenance, at the User's e~pense, of monitoring facilities to a]lo~ inspectlcn of the building sewer and/or internal dra~naqe systems, and sampling and f low-meas~treme~t of the ~as ~e being d[schar~zd %o ~ ~. Appropriate valving shall be ~ncloded In design ~nd const~ct!on of such facilitie~ to halt discharges ~ediate~y and effectively ~der ~ituat[on~ describec by ParaqraoR '.8 and Par%~- ~h 5.9 of this Ordinance. ~e monlto~lng facility should no~a~l~ b~ situated on ~e user's premises, but the County may, vhen ~uch a lccation ~ould be impractl~l or cause undue hardship on the j~er, alloy tko facility to be comst~cted In the public r~ght-of-~ay and located so that it rill not ~ obstructed by landscaping or parked vekicles. ~ple room shall ~ provided in the area of such ~ampling manhole or facility to alloy accurate sampling, and preparation of samples for analyses. ~e facility, sampling, and :ea~urin9 equipment shall be maintained at all times ~n a safe and ~roper ope~t[ng condition at the e~pense of the User. ~e~er constructed on public or private property, the sampling and monitoring fac~l[~ie~ -50- r- ¢-- ] 20 shall be construcced ~n accordamce ~ith the County's ~equ~re:en~s ~n¢ al~ applicabte local constr~ct[on standards and specie,cations. ~.~ inspectioa and S~mplimg 6.2.1 The County shall inspect the facilities of any User to ascertain whether the purpose of this Ord[mance Is being ~et and that all requirements are being complied with. Persons or occupants of premises where wastewater is b~lng generated and discharged to the PO'i'~ will allow the representatives of the County, the State or the F_PA ready access at all reasonable times to all ' part-$ of tha premises for the purposes of inspection, sampling, records examination and records duplication or in the performance of ~ny of their desiqnated duties. Collier County, the State and the EI~A shall have the right to set up on t_he User's property such devices as ar~ necessa:-y to conduct sampling, inspection, compliance monitorinq and/or metering operations. In ~hose cases where a User has security measures in force which would require proper identification and clearance before en~Y into ~heir premises, the User shall make necessa~f arrangemen~ with t.heir security guards so %hat upcn presentation of suitable identification, personnel from collier Cou~nty, the State and ~he E~A will ba permitted to enter, without delay, for the pu~poses of performing their specific responsibilities. 6.] pover~ and Authorit~ of Imspec~ors 6.3.1 Duly au~hor!:ed employees of the County bearing proper credentials and l~entification shall be admitted to ~all properties for ~he purpose of inspection, observation, measurement, sampling and testing pertinent to d!scharqe to the se~er system in accordance ~ith the provisions of this Ordinance. 6.3.2 While performing the necessary work on private properties referred to herein, the authorized employees of the County shall observe.all safety rules applicable to the premises establisne~ by the Owner. 6.3.3 Duly authorized employees of the County bearing proper credentials and identification shall be permitted to enter all 12C'5 private properties through which the County holds an casement for the purpose Of, but not limited to, inspection, observation, measurement. sampling, repair and maintenance of any port[on of the wastevater facilities lying ~[~hin said easement. All entry and subsequent ~ork, if any, on said easement, shall be done in full accordance with ~he ter~s of the duly negotiated easement pertaining t~ the private property involved. gECTION Sg~;l~W - vIOL~TIOM~ 7.1 penalties 7.1.1 If any person fails or refuses to obey or comply with or violates any of ~he provisions of this Ordinance, such persCun upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed. Two Thou. sand Dollars ($2,000.00) or by imprisonment not to exceed Sixty (60) days in the County ~all, or both, in the discretion of the court:. Each violation or non-compliance shall be considered & s~parate and distinct offense. ?ur~her, each day of continued violation or non-compliance shall be considered as a separate offense. 7.1.2 Nothing herein contained shall pre'dent or restrict the county from taking such other lawful action in any cour~ of Jurisdiction as is necessa~ to prevent or remedy any violation or non-Co=pllance. Such other ]awful actions shall include, but shall not be limited to, an' equitable actioz for injunctive relief or an actiOn at law for 7.1.3 Further, nothing in this Section shall b~ const:-~ed to prohibit the County from prosecutin~ any vlolation'o~ this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter k6~, Florida Statutes. 7.1.4 All remedies and penalties provided for in this Sec%ion shall be cumulative and independently available to the County and County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. ?,2 Authority to Oi~cooneCt serviCe 7.2.1 The county ~ay terminate ~ater services and disconnect a User from the system 7.2.1.1 Acids or 'chemiCalS damaging to sewer treatment process are rekeased into the sewer deterioration of these structures o~ interferir conveyance and treatment of wast~ater; or 7.2.%.2 A governmental agenCy informS, the Cc effluent from the vastevater treatment pkant is quality pet-mitred for discharge into a vatercourse0 chat the User is delivering waste~ater to the count% cannot be sufficiently treated or requires treatme provided by'the County as normal domestic treatment; 7.2.1.3 The User: · 7.2.1.3.~ discharges industrial waste violation ~f the permit issued by t_he approving authC 7.2.1.3.2 dlscharge~ wastevater at i:~alanCe rate in sufficient quantity to cause an ~reatment systemS, 7.2.~.3.3 fails to pay a mon~hkY bilk for sewer services when due, or -7.2.~.3.4 repeats a d[scha-cge of prohL~!te~ 7.3 ' ~u~peoeion of SerVice 7.3.1 The county may suspend t):e want'wa' and/or effluent permit when such suspension opinion of the County, in order to s:op an discharge ~hich presents or may presen% an endangerment to the health or velfare of persor cause~ interference to the PO~ or causes condition of its NPQE$ permit. 7.3.2 Any person notified of a suspe~ treatment service and/or the effluent permit or eliminate the contribution. In the person to co:ply voluntarily with the susp' 12C 5 shall take such steps as deemed necessary including [n,tiation o~ legal action by the County Atto[ney and ln.medlato severance ~f the sever connection, to prevent or minimize damage to the POT',,' system or endangerment to any individuals. The County shall reinstate the effluent pec-~lt and/or the wastewater treatment se~-Vice upon proof of the elfmin&tion of the non-complying discharge, A deta'iled ~ritten statement submitted by the User describing the causes of the ha?~ful contribution and the measures taken to prevent any future occurrence shall be submitted to t_he County within 15 calendar days of ~he date of occurrence. 7.4 Revocatios of ~ermit 7.4.k kay User uho violates the follcwing conditions of this ordinance or applicable State and Federal regulations, is subject t~ having his pea--mit revaked in accordance with the procedures of Section 7.5 of this Ordinance: 7.4.1.1 Fa~l~re of a User to report factually the vaste~ater constituents and characteristics of his discharge. 7.4.1.2 Failure of the User to report significant changes in operations, or waste~ater constituents and characteristics. 7.4.1.3 Refusal of reasonable access to the user'~ prenises for the p~Lr-pose of inspection'or monitoring. 7.4.1.4 Violation ef conditions of the per-mit. 7.5 The County shall notify User in %'tiring prlcr to diatom%acting, suspending or revoking User's service or permit. Said notice will Info~m User of the sections of this Ordinance he is violating, state ~hat corrective action must be taken, and state the tize period necessary for said corrective action. Failure to comply ~ith the notice will result in disconnecting, suspending or re¥oking User's service or permit. Houever, County may disconnect, suspend or rewoke User's service or permit prior to notification in emergency situations. User will be notified immediately after said action is taken. 12C 5 S.I Confidential Imfor~attoa 8.1.1 Information and data on ~ User obtained from reports, questionnaires, per-mit applications, permits and monitoring proqra:s and inspections shall be available to the public or other govern:ental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the Cou~nty that ~he info~ation l~ not a p~lfc record and i~ clearly ~[thin an exemption outlined in ~e public record la~ of %he State o~ F~orida. 8.1.2 ~en re~e~ted b~ ~z U~er furnishing a repo~, potions of ~aid report which might disclose trade ~ecret$ or processes shall not ~ made available for inspection by ~e ~bl~c, but sr~ll ~ made available u~n ~itten re.est to governmental agencies for uses related to ~l~ Ordinance, ~e State pe~ltting system and/or the State and Federal pretreatmen~ pr~ra~; provided, kouever, ~hat such po~ion~ of a report ~hall be avai)ab~ for use by ~he State or o~er state a~ency In Judicial review enforcement proceeding~ involv~g ~e per~cn furmi~hing the Wa~te~'ater ccnstituent~ and chara~ri~tics ~ill no% be rec~ni:ed ccn~.~en~lal [nfo~ation. Notwi~ta~dinq any of ~he provisions of ~%i~ Sec~cn ~hi~ Ordinance, nothing ~hall ~ construed or ~nterpre%ed to Collier County to violate any public record~ law~ of %he 5~%e Florida, allow(ng public acces~ to record~ of Collier County, nor shall it re~ire Collier County to violate any United Gover~ent or Fed~al act or law, re~lrinq disclosure of public records. Any release of Info~ati0n or disclosure made by the l~ order to comply ~ith such la~ ~hould not give ri~e to a cause any User, based on the release of ~uch Information. SECTION NINE - SERVICE C~GE~ ~ Purpose It 1~ th~ purpose of th~ Section to provide for the recovery co~t~ from User5 of the Collier County water-Se~er uaste~ater disposal system for the implementation of the 120 5' established he~e~n. Th~ applicable chorqeS o~ ~¢e~ Shall ~e se~ forth by Resolution of the Collier county Ooard of C~unty Co:~missionerS as the governing b~y of Collier County, Florida, and as ex-officio t~,e governing board of the Colii.r County Water-Se~er District- It is hereby determined necessary to fix and collect sewer service charges from customers. Such charges shall b~ published separate from t_his ordinanCe ar~ t_he revenue received shall be used for operation, zaintenanCe, debt retirement and other authorized expenses. The Collier Ccunty Water-Sever District may adopt charges and fees vhich may include: 9.3.1 fees for r el~zbur sement of costs of setting up and operating t~he CouJa%y's pretreat=ent pre. am 9.3.2 fees for monitoring, inspection and sur~ei!lance procedures 9.3.3 fees for reviewing accidental discharge p:oced~res and cons~.~ction 9.3.4 fees for permit appllcation~ 9.3.5 fe~s fcr fl!i~ appca!S 9.3.6 fees for con~-lstent removal (by the County) o: pollutants otP, e~ise subject to Federal Pretreatment Standards 9.3.7 amo'uJ~t of effluent 9,3.8 fees fcr special arrangements 9.3.9 other fees as the County may deem necessary to carry the requirements contained herein. 9.3.10 These fees relate solely to the matters covered by this ordinance and are separate from all other fees chargeable by the County. '0 12C 5 $£cTION T£H - CONFLICT, S~'~'''EkABZLI~'f' EF~[~?"~ O~,T£ All ordinances or parts af ordinances In conflict hereu~th a:e hereby repea~e~, but to the extent of such conflict only, Severa~b[liL¥ If any section, phrase, sentence or portion of this ordinance iS for any reason held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, dlstisct, and independent provision, and such hold~n~ shall not ~ffect the validity of ~%e remaining port[on. ~0.3 Effective Date This ordinance shall become effective upon receipt of notice t_hat ~his Ordinance has ~en filed with the Secretar~ of State. PA$SE~D ~nd duly adopted by ~ge Board of County Co~issioner$ of collier Cou~nty, Florida, and as ex-officio governing b<~dy of collier County Water-Se~er District. This --~"~{ day of /.._ __, A.D. 1991. AT-rEST: J;~M~S C. GI T~S, Clerk k~proYed as to:form and legal suffiX, ieee'f: 0 R/chard D. y~vanov~Cn Assistant County Attorney BOARD OF COQ~T¥ CO~r~ISSIONKRS COLLIER COG94TY, FLORIDA, EX~FFICIO THE GOV~IN~ BO~ OF ~E ~LLI ~ C ob~TY WA~R- S UH~ DISTRI~ Chai~an 12C 5 PUBLIC HEARING MINUTES (TO BE PROVIDED AFTER HEARING) mm Collier.~ounty, Florida m~ ~ 201 F ac,l,tles Plan Update m Bocc Presentation m m' m July 22, 1997 m ~ I I ! in ossociolion w/lh: Johnson Engineering Inc. and Ml~aimer International Inc. I I S-$ Comp Droaaer dc McKee COLLIER COUNTY 201 FACILITIES PLAN UPDATE 201 PLANNING AREA NORIH/SOUTH SERVICE AREA BOUNDARIES rl~lure No. I I I 0 I n~ I I 0 I 0 00 O4 0 LO I I I I X X X X X X X X X X X X X X m~ m !.1.1 I ~ I I ! I I n <r I I I I I o§~ 1-. a. c~,.,'To LO ~ O0 CO "~' C) 1.0 03(:O01'-- O3 Od O~ 0 ~3 0 (D CO ~'- I~- 03 ~ 0 ~ ~ ~ ~ 0 .rr 0 1::: I-- o z 0 I ! _ © -- m m I I m L~ I I I I ~ O 03 >, x v 0 Z 0 0 0 0 0 E 0 O O z 03 ~- O O O O .O O EL EL m iz~ 0 I~ 1.3 m 0 ~ ~ ~ m~ -- e o o~ ~ ~ m z m d I I I I I I I I I I I I I I I I I Ii! >_m_ Zz 0-~ On LI.I z ill rF 0 I 0 o o 0 0 0 I I (D E 0 0° ° 0 0 0 0 0 0 0 0 0 > '~' ~' 0 0 (0 ~0 0 C~ CO 0 0 ~' o o' co 0 O~ ,~' 0 0 LO CO 0 0 CO 0 c~' ~o o 0 0 '~' CO 0 0 O~ 0 C~ CO ,~ 0 0 CO CO 0 LO cO 0 0 ~' LO cO O~ 0 0 I I I I I I I I I I I I I I I I I X uJ n o Z Z Z (0(330 C~O ~'~o 0 ~0 0 0 0 c x c 0 c > z 0 0 0 mO'- c- 0 mcrm · ~ .~ g 0 ~3 z A x ~ 0 0 ~ ~X 0 · LL > 0 0 ~x I i n LU Z o o > · o Z .~ ,m ~: o ~. REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advcrtisemcnl [] Other: (Display Adv., location, etc.) 13A 1 Originating Dept/Div: Comm.Dev. Serv./Planning Person: c~'~ r~.,., ~:~<~.,/~,~ ~ Date: Petition No. 0rhone, give brief description): V-97-5 Petitioner: (Name& Address): nth nv P Pi r W & i Lorn ardo PA g01 Laurel k Driv it ~ a les FI rida34108 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach Separate sheet) Hearing before Bce XXX BZA Other Requested Hearing datc:.~..~/__~..~/__(~ Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Size: itt n V. 7- thn i r W Pier Lombardo P.A. re re n in Nich la . e anl and act ne DeSanle u tin a 21~ ri n r h ' ~backto26.gfectfor r rrvl _atedat571 aricaR ad furlherdc ribe asLot 18 Bloc Pin ' .'~ ~as~ oilier ounlv F1 rida Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [] Yes [] No If Yes, v,'hat account should be charged for advertising costs: 113-138323..649110 Reviewed by: i ,~,/~' - 7- '/~ ? Approved by: / f fc - ,, Division Head Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before Bce or BZA: Initiating person to complete one coy and obtain Dh'hlon Itead approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessa~ legal re,dew, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's OfFice [] Requesting Di~sion [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file· ~ NO: (941} 774-8406 COD~ C01~. CODE f~oCC~~lO t~oSC~l i ~~16 468~10 4~10 B6.BC~ESA 11 June 19, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition V-97-5 Dear Judy: Please advertise the above referenced notice one time on Sunday, July 6, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.o. No. ~ ~ ~ NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JULY 22, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-97-5, Anthony P. Pires, Jr., of Woodward, Pires & Lombardo, P.A., representing Nicholas J. DeSante and Gaetane C. DeSante, requesting a 3.2 foot variance from the required 30 foot side setback to 26.8 feet for property located at 571 Carica Road, further described as Lot 18, Block P, Pine Ridge Extension, in Section 3, Township 49 South, Range 25 East, as recorded in Plat Book 3, Pages 51 thru 51E, of the public records of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) 1, June 19, 1997 Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 604 Naples, FL 34108 RE: Notice of Public Hearing to consider Petition V-97-5 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 22, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 6, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. RESOLUTION NO. 97- RELATING TO PETITION NUMBER V-97-5, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 3.2 foot variance from the required 30 foot side yard setback to 26.8 feet as shown on the attached plot plan, Exhibit "A", in an RSF-1 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to ke heard by this Board in public meeting assenfoled, and the Board havinG considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-97-5 filed by Anthony P. Pires, Jr., of Woodward, Pires & Lombardo, P.A., representing Nicholas J. DeSante and Gaetane C. DeSante, with respect to the property hereinafter described as: Lot 18, Block R, Pine Ridge Extension, recorded in Plat Book 3 Pages 51 thru 51E, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 3.2-foot variance from the required 30 foot side yard setback to 26.8 feet as shown on the attached 1.lA plot plan, Exhibit "A", of the RSF-1 zoning district wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number V-97-5 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING A?PEALS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJO~IE M. STUDENT ASSISTANT COUNTY ATTORNEY f/ V-97-5 RESOLUTION -2- LOT ~, 1 BLOCK R 'l Exhibit"A" · 4' HapLes, FL 339~0 Affidavit of Pub~tcat~o~ BOARD OF COUNTY ATTN: MANLY SALOGU~ PO BOX NAPLES FL REFERENCE: 001230 --700012 57531310 NOTICE OF PUBLIC HEA State of FLorida County of collier Before the undersigned authority, persoaatty appeared B. La~b, ~no on oath says that she serve~ as the Assistant Corporate Secretary of the Naples Daily Heys, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of the advertising was published in ~aid newspaper on dates Listed Affiant further says that the said Naples Daily aeus is a ne~sparer published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been coenttnuously published in said Collier County, FLorida, each day and has been entered as second class ~atL ratter at the post office in Naples, in arid Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of adverttsemmnt; and affiant further says that she has neither paid nor proeised any person, fire or coporation any discount, rebate, coemtlaion or refund for the purpose of securing this advertiseeent for publication in the said newspaper. PUBL%SHE~ Off: 07/06 A0 SPACE: .~3.000 ~NCH FILED ON: 0?/0?/9? ............................... Signature of Affiant NOTICE Of: PUBLIC HEARING Notice is ~ereb¥ ~iven ~at tie Board d C0untv Commissioners d C0111~ C~, will ~ld a P~ ~1~ ~ ~E~AY, JULY 22 1~ n ~ ~d F~ Adminls~lon Bu Idtng, Collier Coun~ ~vernme~ Ce~er, 3~1 E~t Tom omi Trot, N~le~ F~ T~ ~fl~ ~ll ~- w~$ ~r. & Lo~, P,~ r~ r~ d ~fl~ ~,F~ /~l~ r~d ~t~ ~ ~. ~. ~ev~ ~ ~h ~ ~ ~ m ~ C~L~R CO~, ~ TIMOTHY L ~NC~K,~N · 1 o~ c~ j j~ ~ ~ 1~6~3 sworn to and Subscribed before ne this ~ day of ~ 19[~ '~ Personally knovn by me ', "* / ' '" ~'" RESOLUTION NO. 97- 299 RELATING TO PETITION NUMBER V-97-5, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. llA 1 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 3.2 foot variance from the required 30 foot side yard setback to 26.8 feet as shown on the attached plot plan, Exhibit "A", in an RSF-1 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-97-5 filed by Anthony P. Pires, Jr., of Woodward, Pires & Lombardo, P.A., representing Nicholas J. DeSante and Gaetane C. DeSante, with respect to the property hereinafter described as: Lot 18, Block R, Pine Ridge Extension, recorded in Plat Book 3 Pages 51 thru 51E, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 3.2-foot variance from the required 30 foot side yard setback to 26.8 feet as shown on the attached 13A plot plan, Exhibit "A", of the RSF-1 zoning district wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number V-97-5 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGH~ E. BROCK, CLERK day of ', ~. , 1997. / BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ASSISTANT COUNTY ATTORNEY f/ V-97-5 RESOLUTION -2- LOT 4 BLOCK R ,~... wOaD Exht. b J.t:" A" The below referenced item was advertised by Wayne Arnold of the Planning Deparmtnet and not by the Clerk to the Board according to Resolution 96-14. The information in this file, if any, pertaining to this petition was supplied by the Planning Department- This item was heard by the BCC on July 22, 1997. Item #13A2 re Petition A-97-3, Bruce Anderson of Young, VanAssenderp & Varnadoe, representing Ultimate Land Trust, James R. Colosimo, Trustee, requesting an appeal to the Board of Zoning Appeals of interpretations 1-96-7 and 1-97-1 to preserve rights and standing as a substantially affected party in consideration of the above administrative interpretations in which the Col!elf County Planning Seri¥ces Department directo~ found that residential planned unit developments at a gross density of one dwelling unit per five acres within the agricultural/rural designated lnds of the Future Land Use Map a£e consistent with the Growth Management Plan. Withdrawn by Petitioner Naples Deity N4q~las, FL 9940 Affidavit of Publtc~ttcm Naples Daily Heys BOARD OF COUNTY ATTN: NANCY SALOGUB PO BOX NAPLES Ft. ~1~-~0~6 REFEREHCE: 00q2-~O 7C~Crl 2 57~3~S N 0 T Z C E A-97-3, State of Ftor~ C~ty of CoLLier ~fore t~ ~rs~ ~t~r~ty, ~r~LLy ~r~ B. ~, ~ ~ ~th ~s t~t s~ se~es as t~ Ass~st~t Cor~rate Secrete~ of t~ ~ptes oe~Ly H~, · ~tLy ~e~r ~L?~ at ~Les, ?n CoLLier C~ty, FLort~: t~t ~ ~r ~ ~t~ Ltst~ Affect furt~r ~ys t~t t~ ~td ~Les oa~Ly ~ ~s a ~r ~Lis~ at ~Les, {n ~d CoLt~er C~ty, FLor~, ~ t~t the ~r ~s ~reto~ore ~ ~LL~er C~ty, F~or~, (or · ~rt~ of 1 y~r ~xt prK~ t~ f~rst ~Lt~t~m of the atte~ ~ of ~ert~s~t; ~ afftant furt~r ~a t~t s~ ~s ~tt~r ~d ~r dts~t, r~te, c~ss~ or ref~ for the ~se of secur~ th~s ~ertts~t for Al) SPACE: ~2.000 INCH FZLED C~: 07/14/97 Pe so.aLLy kno~ by ne ~ 13 3 The below referenced item was advertised by Wane Arnold of the Planning Depa£tment and not by the Clerk to the Baord according to Resolution 96-14. The information in this file, if any, pertaining ot this petition was supplied by the Planning Department. This item was heard by the BCC on July 22, 1997. Item ~13A3 petition A-97-4, nancy Anne Payton, Florida wildlife Federation, requesting an appeal to the Baord of Zoning Appeals of Interpretation 1-97-1 in which the collier County Planning Services Department Director found that residential planned unit developments at a gross density of one dwelling unit per five acres within the agricultural/ rural designated lands of the Future Land Use Map are consistent with the Growth Management Plan. Dismissed 4/1 (Commisisone£ Mac'Kie opposed) N~tee, FL 33940 Afftc~v~t of PubLication l,~3tee Oatty BOARO OF COL~TY COF~XSS%O~ERS ATTN: ILId~CY SALOGUB NAPLES FL 3&101-~016 REFERENCE: 0012:~0 700012 $7~3~53 N 0 T ! C E A-97-&, State of FLortcfa Co, arty of CoLLier Before the undersigned authority, a~ar~ B. ~, ~ ~ ~th says t~t she es the Asatst~t Cor~rate Secretary of the Oa$ly N~s, a ~tLy ~r ~Ltlh~ at ~p~el, ~n CoLLier C~ty, F:ort~: t~t the attac~ ~ of t~ ~erttst~ was ~tis~ tn ~d ~s~r ~ ~tes Ltst~ AffJ~t furt~r ~ys t~t t~ ~d ~Les Da~y ~L~er C~ty, FLort~, ~ t~t the ~Jd ~s~r ~s heretofore ~ ~tt~sty ~Lish~ Jn ~d Cattier C~ty, FLor$~, each ~y ~ ~s ~ ~ter~ as se~ clams mater at the ~at offtce tn ~te~, tn ~$d ~Lt~er C~ty, Ftort~, for a ~rt~ of I yHr next prec~t~ t~ f~r~t ~tt~t~ of the atte~ ~ of ~ert~s~t; ~ further ~m tMt ~ ~s ~tt~r ~$d ~r p~ts~ ~ ~r~, ft~ or ~rmtt~ ~ d~s~t, r~te, c~ssJ~ or ref~ for t~ ~se of se~r~'th~s ~ertts~t for ~Z~EO ~: 07/13 AD SPACE: 35.000 ZNCH The below referenced item was adve£tised by Wayne Arnold of the Planning Department and not by the Clerk to the Board acco¢ding to Resolution 96-14. The information in this file, if any, ~e~taining to this petition was supplied by the planning Department. This item was heard by the BCC on July 22, 1997. item ~13A4 Petition A-97-5, Bradley Cornell £epfesenting Collier County audubon Society, requesting an appeal to the Board of zoning Appeals of interprettation 1-97-1 in which the Collier County Planning Serivces Department Director found that residential palnned unit developments at a gross density of one dwelling unit per five acres wi. thin the agricultural/rural designated lands of the Future land use map are consistent with the Growth Management Plan. Dismissed 4/1 (Commissioner Mac'Kie opposed) ~pLem, ~L Affidavit of pubLtcatto~ N~pLii OltLy Nwl BOARO OF COUNTY CO~IqZSSZO~qERS ATTN: NAHCY SALOGU8 PO BOX &1~016 NAPLES FL 34101-3016 REFERENCE: 001230 700012 5753~67 N 0 T I C E A-97-5, State of F[ortda Co~ty of CoLLier Before the undereig~ed authority, peri,aLLy a~ar~ B. La~, ~ ~ ~th ~ays that she serve as the Assistant Cor~rate Secretary of the NapLes tn CoLLier C~nty, FLorida: t~t the Ittlch~ c~ of the ~verttst~ ~al ~bLtsh~ ~n ~atd n~:~r ~ dates Ltst~ N~* t~ a n~r ~bLtsh~ at ~pte~, tn maid Cottier C~ty~ Fkort~, a~ t~t the mmtd n~s~r ~s heretofore ~ c~t4n~sty ~[i~h~ in ~id CoLlier C~ty~ F[ort~ each ~tter at the ~*t office tn ~pLes, tn maid CoLLier C~ty, Ftor(~, for · ~rt~ of 1 year next prec~(~ the first ~ttcatt~ of the mttach~ c~ of ~ertts~t; m~ affiant further says t~t mhe ~* neither ~id ~r pr~t~ any ~r~, firm or c~ratt~ any d~tc~t, r~te, c~t~t~ or ref~ for thl ~r~e of tecurt~ tht~ eert~t for ~[~cat~ tn the ~atd n~t~r, 13B RESOLUTION 97- 30___0 RELATING TO PETITION NO. CU-95-1 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all Counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on June 13, 1995, the Board of Zoning Appeals enacted Resolution No. 95-361, attached hereto and incorporated herein, which granted a conditional use pursuant to Ordinance No. 91-102, for a church, school and other church related structures, on the below described property; and WHEREAS, on June 18, 1996, the Board of Zoning Appeals enacted Resolution No. 96-293, attached hereto and incorporated herein, which granted a one (1) year extension to the ConditionalUse granted in Resolution No. 95-361; WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Terrance L. Kepple, P.E. of Kepple Engineering, Inc., representing Southern Conference Association of the Seventh Day Adventist for the second of three (3) permitted one ~1) year extensions, in interest of the following described property: Exhibit "A" ~1- is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 95-361, attached hereto and incorporated herein as Exhibit "B", and all conditions applicable thereto, is hereby extended for one additional year until July 22, 1998. 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. This Resolution adopted after motion, second and majority vote. Done this -~' day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk / BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY:~ TI~OTHY/~.%ffANCOCK, Chairman Approved as to Form and Legal Sufficiency: Assistant County Attorney f/CU-95-! Ext. -2- RESOLUTION 96- 293 RELATING TO PETITION NO. CU-95-1 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all Counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary fir the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the · County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on June 13, 1995, the Board of Zoning Appeals enacted Resolution No. 95-361, which granted a conditional use pursuant to Ordinance No. 91-102, for a church, school and other church related structures, on the below described property; and WH!REAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Dr. Neno J. Spagna, AICP of Florida Urban Institute, Inc., representing Southern Conference Association of the Seventh Day Adventist for the first of three (3) permitted one (1) year extensions, in interest of the following described property: See attached legal description Exhibit "A" is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 95-361, attached hereto and incorporated herein as Exhibit "B", and all conditions applicable thereto, is extended hereby for one year until June 13, 1997. -1- 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. commissioner Matthews offered the foregoing Resolution and moved for its adoption, seconded by Commissioner __~ __, and upon roll call, the vote was: AYES: Commissioner Matthews, Commissione~ Mac'Kie, Commissioner Hancock, NAYS: Commissione~ Constantine and Commissione~ Norris ABSENT AND NOT VOTING: ABSTENTION: Done this 18th day of _~ _, 1996. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA '" ............ BY~ · .'*..%- ..~.~. ~'~. , . ... APP~VED"~A~· Tb~'~6~ ~D LEGAL SUFFICIENCY: ASSIST~T COUNTY A~O~EY C.U. EXTENSION RESOLUTION/17408 -2- 1.3B 1 We, st 330 feet of the East 1/2 of the Southwest 1/4 of the Southwest 1/4, Section 24, Township 50 South, Range 25 East, Collier County, Florida. EXHIBIT "A" RESOLUTION 95-361 13B 1 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USES "7" AND "10" IN THE "A" ZONING[DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 24, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and 'such business regulations as are necessary for the proteclion of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Compreher%~ive Zoning ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses "7" and "10" of Section 2.2.2.3 in an "A" zone for a church, school and other church related structures on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: 1}8 1 The petition filed by Dr. Neno J. Spagna of Florida Urban Institute, Inc., representing Southeastern Conference Association of tho Seventh Day Adventt:~t, with respect to the property hereinafter described as: ~ Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses "7" and "10" of Section 2.2.2.3 of the "A" zoning district for a church, school and other church related structures in accordance with the Conceptual Master Plan (Exhibit "C") 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 Land Development Code (Ordinance No. 91-102). b. This project shall be subject to Site Development Plan (SDP) approval in accordance with Division 3.3 of the Collier County Land Development Code. c. This project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. d. This project shall be designed in accordance with South Florida Water blanagement District rules for water quality. e. The use of grassed surfaces, with a stabilized subgrade, shall be limited to the parking spaces. All parking aisles shall be paved. The stormwater calculations shall consider all of the parking areas as impervious surfaces. g. Prior to final Site Development Plan approval, the petitioner shall submit copies of all agency wetland permits (USACOE, SFWMD, FDEP) and mitigation schedules. h. The County-maintained portion of Sabal Palm Road ends about 1/4 mile to the west of this property. The Petitioner shall, prior to issuance of a Certificate of Compliance, dedicate to the County that portion of Sabal Palm Road extending eastward to the property,s easterly boundary. Said road extension shall be improved according to County technical standards for roadway improvements. i. The road impact fees shall be calculated as a mixed-use development as defined in Ordinance 92-22, as amended. Adequate street lighting shall be provided at the project entrance prior to the issuance of a Certificate of Compliance. This project shall be subject to a fair share contribution toward a traffic signal system (new or upgraded) for any of the following intersections if deemed warrgnted by the County. 1. Sabal Palm Drive and CR 951 2. Lely Cultural Parkway and CR 951, 3. Rattlesnake Hammock Drive and CR 951. 4. Grand Lely drive and CR 951. * Fair share costs are related only to future signal system interconnection. If lighting is provided for any of the proposed outdoor recreational areas and. facilities, it shall be shielded to prevent light from glaring onto the adjacent properties. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Cons~dntine offered the foregoing · Resolution and moved for its adoption, seconded by Commissioner i.lac'Kie and upon roll call, the vote was: AYES: Commissione~ Constantine, Commissione~ Mac'Kie, Commissioner No~ris, Commissione~ Hancock, Commissioner Matthews NAYS: None ABSENT AND NOT VOTING: None ABSTENTION: Done this 13~h day of June , 1995. D~IGHT E. BROCK,' 'CLERK APPROVED AS TO FOR~ AND LEGAL SUFFICIENCY: MAR~)RIE M. STUDENT ASSISTANT COUNTY ATTORNEY CU-95-1 RESOLUTION/lgk/13694 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~d~ETTY~ J'~~7 CHA~AN FINDING OF FACT BY COLLIER COUNTY PLA~NIMG CO~MISSIO~ 'FOR A CONDITIONAL USE PETITION FOR The following facts are found: Sections . .7 . . 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: A. Consistency with the Land Development Code and Growth Management Plan: Yes _~No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ~ngress/A egress yes ~No C. Affects neighboring properties in relation to noise, gl/are, economic or odor effects: __/____No affect or Affect mitigated by ~ Affect cannot be mitigated . .. D0 Compatibility with adjacent properties and other property in the district: Compatible use within district Yes Based on the above findings, this co~nal use should, with stipulations, (copy attached) ~not) be recommended for approval . DATE: ~~~___ CHAIR3~AN :~ FINDING OF FACT CHAIRMAN/md/2/8/89 EXHIBIT West 330 feet of the East 1/2 of the Southwest 1/4 of the Southwest 1/4, Section 24, Township 50 South, Range 25 East, Collier County, Florida. EXHIBIT "B" ~3B I~ RESOLUTION NO. 97- 2.__~87 1 6 ~ 1 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN QUEENS PARK AT LAGO VERDE, PHASE SEVEN, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR TIlE ROADWAY. DRAINAGE . WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY TItE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County. Florida, on December 19, 1995 approved the plat of Queens Park at Lago Verde Phase Seven for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with tile approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102. as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17, and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section &the Development Services Dcpartmcnt has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Queens Park at Lago Verde. Phase Seven and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other intendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted aftcr motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA TIMOTIt/Y L. HANCOCK, CHAIRMA Approved as to form and legal sufficiency: He~'Fd'i F. As'ht3n Assistant Collier County Attorney 16A 2 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release (hereafter referred to as the "Agreement and Release") is made and entered into this ~,.~. day of (',-~ ~.~. , 1997, by and between Perconti Data Systems, Inc., (hereafter referred to as "Percon~) a Florida corporation, and Collier County (hereafter referred to as the "County"), a political subdivision of the State of Florida. WITNESSETH: WHEREAS, Perconti and the County entered into a contract on March 19, 1996 entitled "Contract to Acquire A License for the CD-WIN Product Between the Board of County Commissioners of Collier County and Perconti Data Systems, Inc." for the purpose of developing and acquiring a license for the County for a modular integrated community development management system software product, sometimes referred to as the "CD-WIN" product; WHEREAS, a true and accurate copy of the contract for the development and acquisition of the CD-WIN product (hereafter referred to as the "CD-WIN contract"), including all Change Orders, is attached as Exhibit I to this Agreement and Release; WHEREAS, certain disputes have arisen between Perconti and the County concerning the scope, nature and duration of their respective obligations under the CD-WIN contract; WHEREAS, Perconti and the County, without admitting any liability or fault, recognize the costs and uncertainties of legal action and therefore desire to amicably settle and compromise all aspects of these disputes concerning the scope, nature and duration of their respective obligations under the CD-WIN contract; 16A NOW', THF_,I:~FOPJ~, in consideration of the promises, covenants and conditioms contained in this Agreement and Release, and other good and valuable consideration, the receipt of which is hereby acknowledged by both Perconti and the County, Perconti and the County agree as follows: 1. The foregoing recitals are true and correct and are hereby incorporated into and made a part of this Agreement and Release as if repeated verbatim. 2. The CD-WIN contract is hereby deemed terminated as of the end of the business day on June 30, 1997. 3. Perconti shall have no further obligation beyond the end of the business day on June 30, 1997 to provide the County with deliverables, services or consideration under the CD- WIN contract except as provided for in this Agreement and Release. 4. The County shall have no further obligation beyond the end of the business day on June 30, 1997 to acquire deliverables or services from Pemonti or provide consideration to Perconti under the CD-WIN contract other than as required in this Agreement and Release. 5. From the date of the making of this Agreement and Release until and through the end of the business day on September 30, 1998, Perconti shall, at no additional cost to the County beyond sums already paid, invoiced or retained under the CD-WIN contract, provide the County with support and maintenance services on all modules, aspects or components of the CD- WIN product delivered to the County through June 30, 1997. These support and maintenance services shall be of the same general nature as contemplated and required by the warranty provisions of the CD-WIN contract. To codify this obligation in more detail, Perconti and the County shall simultaneously enter into a separate Maintenance and Support Agreement. To the extent any term or condition of the separate Maintenance and Support Agreement directly conflicts with a term of this Agreement and Release, however, this Agreemen~d'Release shall control. 2 6. To the extent there is delay in the execution of the Maintenance and Support Agreement required by Paragraph 5 of this Agreement and Release, the County shall, at no additional cost to the County beyond sums already paid, invoiced or retained under the CD-WIN contract, receive emergency maintenance and support protection from Perconti until at least July 30, 1997 on all modules, aspects or components of the CD-WIN product delivered to the County as of the end of the business day on June 30, 1997. 7. The County shall have a nonexclusive and nontransferable but otherwise unrestricted and perpetual license to use all modules, aspects or components of the CD-WIN product delivered by Perconti to the County through the end of the business day on June 30, 1997, including but not limited to the time management module. This license shall also apply to all upgrades, modifications or enhancements to those modules, aspects or components of the CD- WIN product that may be delivered by Perconti or created by the County after June 30, 1997. 8. The County shall have the same right to demand, receive, possess, use or modify the source code and related documentation for all modules, aspects or components of the CD- WIN product (including but not limited to the time management module) delivered to the County as of June 30, 1997 as it would have had if the CD-WIN contract had been fully performed by Perconti and the County. The County shall also continue to have the right to demand, receive, possess, use or modify all upgrades, enhancements or modifications of those modules, aspects or components of the CD-WIN product, including related source code, developed, made or created by Perconti after June 30, 1997. In retaining and exercising this right with respect to upgrades, enhancements or modifications developed, made or created by Perconti after June 30, 1997, the County agrees that it may have to purchase such upgrades, enhancements and modifications either in accordance with the Maintenance and Support Agreement or, if not covered by the Maintenance and Support prices. Agreement, in accordance with Perconti's then prevailing business 16A 2 9. The County shall release $18,525.00 to Perconti, which the County and Perconti agree is all retainage withheld under the CD-WIN contract to Perconti on or before July 30, 1997. I0. The fights and obligations of the County and Perconti with respect to proprietary rights in the CD-WIN product delivered to the County as of June 30, 1997 (including any upgrades, enhancements and modifications delivered after that date) shall be defined by Sections 18-20 and Section 22 of the CD-WIN contract. 1 I. Except for any claims which might arise under this Agreement and Release or under any of the indemnification or proprietary fights provisions of the CD-WIN contract, Perconti hereby fully and finally remises, releases, acquits, satisfies and forever discharges the County and its agents, representatives, sureties, officers, directors, employees, successors, and assigns from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which Perconti now has or may have in the future against the County arising out of or relating in any way to the CD-WIN contract. 12. Except for any claims which might arise under this Agreement and Release or under any of the indemnification or proprietary fights provisions of the CD-WIN contract, the County hereby fully and finally remises, releases, acquits, satisfies and forever discharges the Perconti and its agents, representatives, sureties, officers, directors, employees, successors, and assigns from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which the County now has or may have in the future against Perconti arising out of or relating in any way to the CD-WIN contract. 4 13. With the exception of any claims that may arise for indemnification or proprietary rights under the provisions of the CD-WIN contract, which Perconti and the County agree shall survive this Agreement and Release and are to be governed first by the terms of the CD-WIN contract, Perconti and the County agree to submit disputes arising under or relating to this Agreement and Mutual Release to a panel of three (3) arbitrators in accordance with the Commercial Arbitration Rules of the American Arbitration Association and any judgment upon the award rendered by the arbitrators may be entered in any Court having jurisdiction thereof. 14. This Agreement and Release shall be governed by the laws ofthe State of Florida. 15. This Agreement and Release is for the benefit of and shall be binding upon the parties, their successors, predecessors, assigns, representatives, agents, insurers, sureties, and legal representatives. 16. This Agreement and Release is freely and voluntarily executed by all parties after they have been apprised of all relevant information and data. In executing this Agreement and Release, Perconti and the County do not rely on any inducements, promises, or representations other than the promises and representations set forth in this Agreement and Release. In this regard, Perconti and the County acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement and Release is to be construed against the party who physically prepared this Agreement and Release. Further, the rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the interpretation of this Agreement and Release. 17. This Agreement and Release may be amended only by written instruments specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. IN WITNESS WHEREOF, Perconti and the County have executed this Agreement and Release on the day and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TfMOV, m'/~. m~e4cdcr~ Chai~an "."3'"" Primed/Typed Name PERCONTI DATA SYSTEMS, INC. signa~re Signature Prin~:d/Typed Name Salvatore Perconti. President Approved as to form and legal sufficiency: Michael W. Pewit Assistant County Attorney (corporate seal) 6 PERCONTI DATA SYSTEMS, INC. Maintenance and Support Agreement This Maintenance and Support Agreement is made and entered into this ..;.-' day of ~,L.,d'--/ , 19,'~',,2', by and between Perconti Data Systems, Inc., hereina0;~referrcd to as "Support Vendor", and the Board of County Commissioners, Collier Couvty, Florida, hereinafter referred to as "Customer"; WITNESSETH: WHEREAS, the Customer has purchased a license to one or more modules of the computer system henceforth referred to as "Licensed Program". The Customer has a nonexclusive and nontransferable but otherwise perpetual and unrestricted license to use certain computer software in object code form and/or source code form and related user documentation (the "Licensed Program"); and WHEREAS, Support Vendor has, as the owner of the Licensed Program, the source code and other support documentation for the Licensed Program and has the requisite authorization to have access to the Licensed Program in Customer's possession and to make and offer to Customer the maintenance modifications, enhancements, and new releases provided for herein; and WHEREAS, Support Vendor desires to offer Customer certain services with respect to the Licensed Program on the terms and conditions set forth herein; and WHEREAS, the mutual obligations undertaken in this Maintenance and Support Agreement form part of the consideration for the separate Settlement Agreement and Mutual Release entered into by Support Vendor and Customer in connection with certain disputes arising in connection with what is sometimes referred to as the CD-WIN contra_~t; 16A 2 NOW THEREFORE, in consideration of the premises hereof, and the mutual obligations herein, the parties hereto, intending to be legally bound, hereby agree as follows: Section 1. Definitions. For the purposes of this Maintenance and apply to the respective capitalized temps: Support Agreement, the following definitions shall 1.1 "Licensed Program." The computer software described in Exhibit A and henceforth referred to as the CD-Plus product or certain modules, aspects and components thereof (also sometimes referred to as the CD-WIN product) including any extracts fi.om such software, derivative works of such software, or collective works constituting such soft, yarc (such as subsequent Releases) to the extent offered to Customer under this Maintenance and Support Agreement. 1.2 "Maintenance and Support Agreement Term." The term shall be from the date of the making of this Maintenance and Support Agreement as stated above through the end of th .- business day on September 30, 1998. 1.3 "Error." Any failure of the Licensed Program to conform in all material respects to the functional specifications for the Licensed Program published from time to time by Licensor. However, any nonconformity resulting from Customer's misuse or improper use of the Licensed Program or modification of the Licensed Program or combining or merging the Licensed Program with any "touch-tone" hardware or any changes to the Customer's operating system or data base engine not supplied or authorized by Licensor or Support Vendor, or not authorized to be so combined or merged by Licensor or Support Vendor, shall not be considered an Error. The Support Vendor shall not be responsible under this Maintenance and Support Agreement for maintaining or supporting any module which has been modified, enhanced, or changed by the Customer or its agents without prior written authorization from Support Vendor. 2 Z 1.4 "Error Correction". Either a software modification or addition that, when made or added to the Licensed Program, establishes material conformity of the Licensed Program to the functional specifications, or a procedure or routine that, when observed in the regular operation o f the Licensed Program, eliminates the practical adverse effect on Customer of such nonconformity. 1.5 "Enhancement". Any modification or addition that, when made or added to the Licensed Program by Support Vendor, materially changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Error Correction. Enhancements may be designated by Support Vendor as minor or major, depending on Support Vendor's assessment of their value and of the function added to the pre-existing Licensed Program. "Major enhancements" shall be defined as additional functions and/or features, or significant modifications to existing functions and/or features which require in excess of four (4) hours to complete. "Minor enhancements" shall be defined as changes to increase usability and/or function that takes less than four (4) hours to complete. 1.6 "Normal Working Hours." The hours between 8:30 A.M. and 5:00 P.M. on the d:tys Monday through Friday, excluding regularly scheduled holidays of Support Vendor. 1.7 "Releases." New versions of the Licensed Program, which new versions may include both Error Corrections and Enhancements. Section 2. Scope of Services. 2.1 During the Maintenance and Support Agreement Term, Support Vendor shall render the following services in support of the Licensed Program, during Normal Working Hours. 16A 2' a. Support Vendor shall maintain a telephone hot line that allows Customer to report system problems and seek assistance in use of the Licensed Program. b. Support Vendor shall provide responsive support and maintenance by providing availability during Normal Working Hours with a goal of no longer than two (2)-hour response time. Support Vendor shall provide modem support for remote error correction. c. Support Vendor shall be responsible for using all reasonable diligence in correcting verifiable and reproducible Errors when reported to Support Vendor in accordance with Support Vendor's standard reporting procedures. Support Vendor shall, upon verifying that such an Error is present, initiate work in a diligent manner toward development of an Error Correction. Following completion of the Error Correction, Support Vendor shall provide the Error Correction through a "temporary fix" consisting of sufficient programming and operating instructions to implement the Error Correction, and Support Vendor shall include the Error Correction in all subsequent Releases of the Licensed Program. Customer is responsible for final validation of functionality and implementation. d. Support Vendor may, from time to time, offer major enhancements to its customers, generally for an additional charge. e. Subject to space availability, Customer may enroll its employees in Support Vendor's training classes, held at Support Vendor's facility, for regular or advanced training, generally for an additional charge. f. Support Vendor shall consider and evaluate the development of Enhancements for the specific use of Customer and shall respond to Customer's requests for additional services pertaining to the Licensed Program (including, without limitation, data conversion and report-formatting assistance), provided that such assistance, if agreed to be provided, shall be subject to supplement_al charges mutually agreed to by St~p-po~t Vendor and Customer. 16A 2. Section 3. Fees and Charges. 3.1 With the exception of additional services, as defined in Paragraph 3.2 of this Maintenance and Support Agreement, the services and support to be provided by Support Vendor to Customer during the initial term of this Maintenance and Support Agreement shall be provided at no charge to the Customer in view of the Settlement and Mutual Release Agreement entered into between the Support Vendor and Customer, which is referenced in the recitals hereto. 3.2 Customer shall pay Support Vendor for additional services its fees and charges based on the rate schedule set forth hereto in Exhibit B. Additional services shall be defined to include (but are not limited to): database administration, problem determination, data correction, Delpki assistance, consulting, design and analysis, training, training development, Licensed Program major enhancements, Licensed Program minor enhancements exceeding 12 hours per month, Licensed Program upgrades, additions, data conversion. Error corrections (unlimited), or minor enhancements (within 12 hours per month limit) are not considered additional services. All billable additional services will be approved, in advance, by the Customer in writing with the following exception: any reported error found to be caused by, or as a result of, modifications to the Licensed Program by the Customer or its agents is NOT an error and will be treated as an approved request for additional services. Any such request will result in charges for actual hours worked, accruing from the time of reporting the error until either resolution of the error or withdrawal of the error report by the Customer. As soon as the Support Vendor identifies an error as a billable condition, the Support Vendor shall inform the Customer in writing that it is in a billable condition and the amount of services accrued to date on the reported error. The Customer may, at its option, choose to discontinue work on the problem by withdrawing the error report in writing. The Support Vendor, upon identifying the error as a billable condition may, at its option, choose not to work on or correct the problem. The rates on Exhibit B shall remain unchanged through September 30~. 1998. --- 1GA 2 3.3 Support Vendor shall invoice Customer at the beginning of each calendar month for all fees and charges accrued for additional services, and all reimbursable expenses incurred for providing additional service, during the previous month. Payment for additional services and related reimbursable expenses shall bc made in accordance with and governed by the Florida Prompt Payment Act, with the additional provision that invoices shall be submitted to the Customer's Chief Disbursement Officer (i.e., thc Finance Department) within seven ('7) business days of receipt by the Information Technology Department unless objected to in writing before that lime. 3.4 Customer shall be responsible for procuring, installing, and maintaining all equipment, telephone lines, communications interfaces, and other hardware (other than the hardware constituting the program control center maintained at Support Vendor's facilities) necessary to operate the Licensed Software and to obtain from Support Vendor the services called for by this Maintenance and Support Agreement. Section 4. Proprietary Rights. 4.1 To the extent that Support Vendor may provide Customer with any Error Corrections or Enhancements or any other software, including any new sof~ware programs or components, or any compilations or derivative works prepared by Support Vendor (collectively, "Vendor Programs"), Customer may a. install the Vendor Programs, in the most current form provided by Support Vendor, in Customer's own facility; b. use such Vendor Programs in connection with the Licensed Programs, and for purposes of servicing Customer's internal business needs and as provided by the Settlement Agreement and Mutual Release referenced in the recitals hereto. 16A 2 4.2 Proprietary fights in the Vendor Programs, whether as originally delivered or as thereafter modified or enhanced, Vendor Programs shall be as defined in Sections 18-20 and Section 22 of the contract entered into between Support Vendor and Customer on March 19, 1996 for the development and acquisition of a new modular integrated community development management system software product, sometimes referred to as the CD-WIN product. Section 5. Disclaimer of Warranty and Limitation of Liability. $.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS MAINTENANCE AND SUPPORT AGREEMENT, SUPPORT VENDOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE LICENSED PROGRAM OR THE SERVICES TO BE REN'I)ERED HEREUNDER. WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LDdlTATION) ANY WARRANTY OR MERCH.~M\'TABILITY OR FITNESS FOR A P.-MRTICULAR PURPOSE. 5.2 In no event shall Support Vendor's cumulative liability for any claim under this Maintenance and Support A_m'eement exceed the total of both the retainage under the CD-WIN contract as of June 30. 1997 and the fees, additional services and related reimbursables paid to Support Vendor bx' Customer under this Maintenance and Support Agreement. Except in the case of a breach of this Maintenance and Support Agreement by Support Vendor, Support Vendor shall not be liable for any indirect or consequential damages resulting from the Customer's use of the Licensed Program or for loss of data or records of the Customer. Section 6. Termination. 6.1 This Maintenance and Support Agreement may be terminated by either party upon thirty (30) days prior written notice if the other party has materially breached the provisions of this Maintenance and Support Agreement and has not cured such breach within such notice period. ' ' 16A 2 6.2 Following termination of this Maintenance and Support Agreement, Support Vendor shall invoice Customer for all properly authorized fees and charges and all reimbursable expenses, and Customer shall pay the invoiced amount upon receipt of such invoice. Customer may continue to use any work supplied to Customer by Support Vendor in accordance with the license conferred by the Settlement Agreement and Mutual Release referenced in the recitals. Payment for additional services and related reimbursable expenses shall be made in accordance with and governed by the Florida Prompt Payment Act, with the additional provision that invoices shall be submitted to the Customer's Chief Disbursement Officer (i.e., the Finance Department) within seven (7) business days of receipt by the Information Technology Department unless objected to in writing before that time. Section 7. Miscellaneous. 7.1 Each party acknowledges that it has read this Maintenance and Support Agreement, understands it, and agrees to be bound by its terms. The parties further agree that this is the complete and exclusive statement of the agreement of the parties with respect to the subject matter hereof and that it supersedes and merges all prior proposals, understandings, and agreements, whether oral or written, between the parties with respect to the subject matter hereof except that to the extent this Maintenance and Support Agreement conflicts with any term of the Settlement Agreement and Mutual Release referenced in the recitals, the Settlement Agreement and Mutual Release shall control. This Maintenance and Support Agreement may not be modified except by a written instrument duly executed by the parties hereto. 7.2 This Maintenance and Support Agreement and the parties' obligations hereunder shall be governed, construed, and enforced in accordance with the laws of the State of Florida. 7.3 The Customer and Support Vendor expressly agree that any claim or controversy arising out of or relating to this Maintenance and Support Agreement, or breach thereof, shall be settled by arbitration before an arbitrator and in accordance with the Cornr~firci'al Arbitration 16A 2 Rules of the American Arbitration Association, and any judgment upon the award rendered by the arbitrators may be entered in any Court having jurisdiction thereof. 7.4 In the event that any provision of this Maintenance and Support Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall be enforced to the maximum extent permitted by applicable law. 7.5 Neither party may assign its rights or duties under this Maintenance and Support Agreement without the prior written consent of the other party, except to a successor of all or substantially all of its business and properties. 7.6 The waiver by either party of any term or condition of this Maintenance and Support Agreement shall not be deemed to constitute a continuing waiver thereof nor of any further or additional right that such party may hold under this Maintenance and Support Agreement. Section 8. Notices. 8.1 Any notice required or permitted to be made or given by either party under this Maintenance and Support Agreement shall be made in writing and delivered by hand or by certified mail, postage prepaid, addressed as set forth below or to such other address as a party shall designate by written notice given to the other party: ao for the Support Vendor: Sal Perconti, President Perconti Data Systems, Inc. 8601 Fourth Street North Suite 210 St. Petersburg, Florida 33702 bo for the Customer: William Coakley, Director, Information Technology Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 16A 2_ DATED: '~' ': ' ~" ' NFl'EST:' DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 'TIMOTHY,~. HANCOCK~ Chairman .~ ~., / ' ./ Printed/Typed Name (2) //~ ,=._!~ ?_-~ Second Wimess P~ted/T~ed Name PERCONTI DATA SYSTEMS, INC. Signature Typed Signature and Title Approved as to form and legal sufficiency: Michael W. Pettit Assistant County Attorney (corporate seal) I0 Collier County, Florida Exhibit A July I, 1997 CD-Plus for Windows software for the Collier County Community Development Division Base module, includes security, address/property, table maintenance and cash management and all interfaces, extract programs and conversion programs Permitting and Inspections, includes contractor management, permit issuance, inspections and certificates of occupancy and all reports and standard letters · CD-Plus AIRS interface module Includes all CD-Plus for Windows source code and executables, third-party components are not included and must be purchased separately. 11 Collier County, Florida Exhibit B July 1, 1997 16A 2 Services Hourly Daily Rah, Programming/Training $ 90 $ 700 Database/Analyst $ 100 $ 750 Project Manager $ II0 $ 800 All time is billed per actual hours xvorked of all personnel, unless a not-to-exceed quote has been submitted in writing by the Support Vendor. All travel time is billed at the $90 per hour rate. Ail expenses are billed at reasonable and actual plus 10% unless negotiated in writing in advance with the Support Vendor. * Notwithstanding the foregoing, Support Vendor agrees that all transportation and meal expenses shall be subject to and limited by Section 112.061 Fla. Stat., and that lodging shall be reimbursed at no more than $100.00 per day, with reimbursement for lodging to be based upon actual expense if less than $100.00. 12 TO: Perconti Data Systems, Inc. ATTN: Salvatore Perconti, President 8601 Foud, h Street North, Suite 210 SL Petersburg, Florida 33702 FROM: Information Technology Department ATTN: 2800 North Horseshoe Drive Naples, Florida 33942 SUBJECT: Change Order Number 1: Schedule Changes DATE: June 5, 1996 Contract # 94=2271 '" The following delivery and payment schedule changes are hereby made to coincide wilh the changes requested by the Community Development & Environmental Division staff. Item Date Amount GUI PrototTpe Database Design Security Module Address/Parcel Contractor Licensing Permi['ting & Inspections Cash Management Code Enforcement Vehicle.for-Hire ' Development Review Growth Management Final Acceptance 07/12/96 08102/96 09/03/96 09/03/96 09/30/96" 11/25/96 11/25/96 01/06/97 02/04/97 0~/17/97 04/28/97 06/09/97 W~lliam R. Coakl~ct Director Salvatore Perconti, President, PDS, Inc. $11,700 $11.700 511,700 523,400 S23,400 535,100 $11,700 $35,100 $11,700 $23,400 $23,400 $26.000 $260,0O0 O~te' 16A 2 PAYMENT SCHEDULE 30% due at order time 40% due at installation 30% due at production 10% Final Acceptance of CD-V~N Total: 10% ,~. Paymenl Retainaqe_ $6,953 $772 $9.270 $1.030 %$6,952 $773 $2.575 All other terms and conditions of the contract remain unchanged. Tota_l ~7.725 S10.300 S25.750 VVil!iam R. Coakley. Project Director Date Vincent A. Caut~st..rator. -. Date Commu nity De~,~opm~, nvironmental Services Divisio.~/;._. '"~-S-alvatore Perconti, Pre'$ident. PDS. Inc. ~te Cost Center, '113 138900 JUL 2 2 1997 Land Devdopment Code and Utilities Ordinances. In accordance with Ordinance 91-10L i:ntitled Collier County Land Dcvclopmcnt Code, and Utility Ordinance 8846, rc~ulatio~ require ~at applic~ must submit ~do~cc ~c~ty agrccmcn~ gu~ntccing compti~cc ~ thc provisions of~e~ Ordi~ccs a~ Pc~i~ p~or ~o final appmv~ ora Su~ivision Plat, ~ Excavation Peril or a P~v~e Utilities Pc~it. CDS mffis required to unck ~c ~dminis~tivc, legal ~d fiduci~ deuils of hundreds of these ~nds and securities, includin~ t)'~ of ~ty, cff~ve date, expimion date, p~ycc, ~oun~ notifi~tion of renewal, i~c~on fees ~d schedules, find nccep~ce date, ~d Do~d approval. Pcrconti Data Syszcms s~ll m~i~ ~e design of i~ Development Review pro~ to intc~rn~c ~is info~ation ~ nil ~ hiszofic info~ntion ora project's cn~inee~n~ p1~ At prcscn~ no ccn~lizcd pro~ for ~c~in~ ~is info~ntlon exists wifl~in the cn~ine~Hn~ section of CDS. Code Enf'orccment Dieil.q Camera Interface. The County's Code En~'orccmcnt investigators are required to tiim and photographically document ail evidence collected during an investigation. CDS is currently rc's. carching the potential cost savings of reducing its present S30,000 annual budget for photographic equipment and film through the usc of digital cameras. Should the rcs¢~ch in to this progr~'n prove to bc cost cff..cctivc. Pcrconti,Data Systems will design a computer program for storing these images in thc CDS computer as an ir~portant pan of c.',ch case histor)'. Such integration will reduce annual costs for equipmcnL film, paper files and cabinets required by ~chival laws relating to the retcntion of this type of public inform.',don. Should thc resea, rch in to this program prove not to be cost effective. Pcrcond Da~a S)'stems will not bill for these sen'ices and thc total amount of Chan~e Order ~.~ will bc reduced b)' SI .500. Ail other terms and conditions of the contrac~ s~'ill remain unchanged. A delivery ~d payment schedule is as follows: hem Pavmenl Schedule Amount ToM Conuac~or Licensing (CL) -. Exam \\"ith CL Install 52.250 S250 S2.500 16A 2' Code Enforcement (CE) Rotation Lists Development Review (DR) Boncling & Security Digital lmagidng Contractor Licensing Code Enforcement Vchiclc-£or-Hirc (V-£-H) Change Order #3 Total: New Contract Total: \Vith CE Install 54,950 S550 S$.500 With DR Install S4,950 $550 $5,500 With CL Ins~l $900 With CE Install $900 With V-f-H Install $450, $14,400 Sl00 $1,000 Sl00 $1,000 $ 50 $ 300 SI.600 ,JUL 2 2 Fjcjl [ITl! 2222310 OR: 2343 PG: 3351 RESOLUTION NO. 97- 288 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OF PERMANENT DRAINAGE EASEMENTS TO COMPLETE THE S. R. 29 - IMMOKALEE DRAINAGE CANAL. WHEREAS, the property owners affected by the S. R. 29 - Immokalee Drainage Canal have requested thai Collier County improve the canal to allow free flowing water, thereby improving the drainage flow and prevent flooding; WHEREAS, the property owners with private culvert crossings (except one {1} which will be improved by the Big Cypress Basin, if a drainage easement is conveyed to Collier County, and if funds of $5,760 which will be paid by the property owner for the culverts), which run from the respective privately owned real property, over, above and;or across the S. R.-29 - lmmokalee Drainage Canal to the opposite side, have contributed $28,608.00 towards the costs of replacing existing pipes located under the private culvert crossings; WHEREAS, the private culvert crossings are dilapidated, rusted-out, have in the past collapsed into the S. R.-29 - Immokalee Drainage Canal, and thereby, obstructed the flow of waters and caused flooding upstream or are of such inadequate capacity that during a peak storm flow, will collapse; WHEREAS, in such event, these collapsed structures will, as other similar collapsed structures in the SR.-29 - Immokalee Drainage Canal have done in the past, obstruct, impede, and/or block the flow of high waters, to such extent that flooding upstream would occur, as it has in the past, necessitating evacuation, and additionally cause destruction to crops, to home, and to the overall health, safety, and welfare of the residents of Immokalee; WHEREAS, the real property owners and the County are desirous of purchasing new culved crossings to replace the old culvert crossings in order to enable the Stormwater Management Department system to better protect/preserve the public's health, safety, and welfare; and WHEREAS, in order to open the flow of water prior to the rainy season of 1997, the Stormwater Management Department is requesting donation of the permanent drainage easements for the private culvert crossings and the canal from the property owners; WHEREAS, the Board of County Commissioners recognizes that the expeditious acquisition of the required permanent drainage easements are important to maintain tl~e free flow of water and prevent flooding. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Stormwater Management Department improvements, which includes, but are not limited to, the re-building of private culvert crossings, the removal and clearing of any Pagel 168 i brush, trees or debris necessary to open the flow of water, and any other improvements necessary for the S. R. 29 - Immokalee Drainage Canal, as identified in Exhibit "A", attached hereto and made a part hereof, are necessary and in the best interest of the citizens of Collier County, Florida. 2. Staff is hereby authorized to acquire permanent drainage easements from the affected property owners by gift only. 3. Collier County hereby accepts the funds of $34,368.00 for the replacement of the culvert crossings submitted or to be submitted by the property owners. 4. The property owners are and shall be responsible for the maintenance and replacement of the private roadways over the culvert crossings. If the culvert crossings require replacement in the future, Collier County shall seek contributions for costs of the replacement structure from the property owners. 5. Collier County shall be responsible for the maintenance of the permanent drainage easements. 6. The Board of County Commissioners hereby authorizes its present Chairman and any subsequent Chairman, for the life of the project, to execute any instruments, which have been approved by the Office of the County Attorney, for any purpose as required for the acquisition of the permanent drainage easements or any other documents necessary for the completion of this project. 7. All title to the permanent drainage easements obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, the governing body of Collier County, Florida, a political subdivision of the State of Florida, and staff is hereby authorized to record in the Public Records of Collier County, Florida, said permanent drainage easements and such other instruments as may be required to remove the lien of any encumbrance from the acquired permanent drainage easements. This Resolution adopted this _.'~'2 day of ",,. ¢ ./.,/ second and majority vote. ~" ATTEST: DWIGHT E. BROCK, CLERK De/puty Clerk Approved as to forth and legal sufficiency: HE-I'DI F; ASHTON Assistant County Attorney ,1997, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TI ~ O'T ~'¢/I/'HA"N C O C K, bHAIRMAN Page2 EXHiBiT "A,' Page ./. of .¢. ~L · ! Page .3. of .7. 16B 1 ...... E×HiBiT "A" Page . OR: 2343 PG: 3356 f L EXHiBiT "A" 16B 1 Page ..7. of 7'. *** OR: 2343 PG: 3359 Ti is document is being re-recorded I:o re£]ect rel~ardin~ S.R. 2c) - [mmokalee Drainage Canal to this e~sement. iBB Resolution 97-288 is recorde,I prior PROJECT: S.R. 29 Canal - Peninsula Improvement Corporation PARCEL: 9 DRAINAGE AND MAINTENANCE EASEMENT _ 3/~ t~, l~, ny PENINSULA IMPROVEMENT CORPORATION, a Florida corporation, whose mailing address is 2640 Golden Gate Parkway, Suite 115, Naples, Florida 34101, as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever use herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) W I T }~ E S S E T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non- exclusive, license, and privilege to enter upon and to maintain an existing drainage and utility facilities on the following described lands located in Collier County, Florida, to wit: A 100 foot wide perpetual, non-exclusive drainage and maintenance easement lying adjacent to, and northerly of State Route 29 and over, under, across and upon that portion of the West 3/4 of the North 1/2 of the Northwest 1/4 of Section 11, Township 47 South, Range 29 East Collier County, Florida. ' THIS IS NOT A HOMESTEAD PROPERTY. Subject to easements, restrictions and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, for the purpose of operating and maintaining an existing drainage facility thereon. Grantor and Grantee are used for singular or plural, as the context requires. In accepting this Easement, Grantee agrees to indemnify and hold harmless the Grantor and their successors and assigns from and against any and all claims and demands and causes of action which may arise as a result of Grantee's performance or activities under this easement, including but not limited to all claims and demands and causes of action for personal injury, death or damage to property sustained by any person, firm or corporation including, without limitation, the employees, invitees, agents or contractors of the Grantee, together with all costs and a reasonable attorney,s -~ _~ fee for defending the same. This indemnification shall not apply ~ to claims and demands and causes of action resulting from Grantor's .. ' ---- acts. 2222311 OR: 2343. G: 3360 tlc fll 10.}0 $4.50 OR: 2342 PG: 01012A *** Drainage and Maintenance Easement Pace Two of ~o *** OR: 2343 PG: 3361 *** 168 1 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: Peninsula Improvement Corporation, a Florida Co_rporat ~~ q '*":" ' ~""'"' ~'s WitnessD~.! O'Gara, as President Prin~ Name - ~'-~>¥ ,? Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing Drainage and Maintenance Easement was acknowledged before me by James G. O'Gara, as President of Peninsula Improvement Corporation, a Florida Corporation, who is personally known to me. my ha~d4and of fiCa,1 seal in the County and State last WITNESS aforesaid this ,-'",/,,~r(.~' day of .- - . l~~-~ Print Name ~-ri ~ ,' This ~ns~men~ was p~epa~ea b~: ~e ~eadwe11 8a~on Collie~ Company 2600 Golaen Ga~e ~aples~ ~ 34105 WORK ORDER # V~-97 'GENERAL CONTRACTOR'S SERVICES' Conlnsct #95-2334, dated March 28, 1995 16B 3 This Work ordo' is for general contracting services, subject to Ibc terms ~ conditions of thc Conu'act referenced ~bovc. for Work known as: Project: Tl,ver Tail Park F~tlll~' The work is specified in the {xopos~l dated ,/vne 16, 1997 from Variun Construction Company as shown on 13arm~y Y, chmitt, Wenver drawings, pages I to 7, dated May 27, 1997, which are attached hereto and m~de a part of this Work order. In accordance with Terms and conditions of the Agreement referenced above, Work OTder #VC.97 is ~,-sigm.,d Variun Construction Company. Scoue of Work: To furnish hflxx, material and equipment to construct a restroom facility in ~:c~'dance to Barany Schmitt, Weaver drawings dated May 27, 1997, including Addendum # 1, dated June 6, 1997 by P, ar'any Schmitl, W~va'. Schedule of Wo~: Tiger~il Park Facility (resU'ooms) to be completed within 90 days all,.'x "Notice To Prueeed'. Uquldated Dalnages,; $201/dav, Compensation.'. In m:cordance with item No. 3 of the Agreement, the County will compensate the Firm in accordance with the negotialed lump sum amount provided in the schedule below. TOTAL FEE. $! 11,356 Lump Sum Any change made subsequent to firml department approval will be considered un additiorml service and charged ~.~or'ding 1o an executed Change Order, as enumerated in Exhibit D of the Agreement. .Ol~i~ oCUapital Pr~jec~ Managemenl AITEST: (Corporate S~-rt, tary) By: . Signature T)pe Name & Title Laura Brantley Type Name & Title ^TTEST: Dwight E. BrncJg Clerk Dq~i~ty Clerk ~ ~ Signature IAndn lin ~'le,, T)pe Name & Title Ap~.~ed as to Form Assistant County Allorney TPC/Ih/WC~LH-2 8 941-775-1178 Fax 941-732-0820 Collier # 122CGA S.R. RG0059099 ARIAN 16B 3 CONSTRUCTION CO. General Contractor 400 Blue Point Ave. # 102 Naples. FL 34112 June 16, 1997 Mr. Tom Ciranna, Project Manager OCPM Collier Count)., Government Center 3301 East Tamiami Trail Naples, FL 34112 RE: Tiger Tail Park Facilities We are pleased to present the following proposal based on Drawings by Barany Schmitt Weaver dated May 27, 1997. LUMP SUM $111,356.00 One hundred eleven thousand three hundred fifty-six and 00/100 ...... We also acknowledge receipt of Addendum #1 dated June 6, 1997. WM. J. VARIAN CC'~STRUCTION , Wm. J. Varian COMPANY 1684 Date: To: From: Re: August 20, 1997 Michael Pettit, Assistant County Attorney Sue Barbiretti, Minutes & Records Item #16B4, BCC meeting date: 7/22/97 Please find attached three original Settlement Agreements that were approved by the BCC on Tuesday, July 22, 1997. The other original document will be kept in this office. If you have any questions, call me at 774-8406. Thanks, SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE ("Agreement and Mutual Release") is made and entered into as of the /,~.~ '""-' day of August, 1997, by and between Collier County (the "County"), a political subdivision of the State of Florida, and Regent Park Master Association, Inc. (the "Association"), a Florida corporation. WITNESSETH: WHEREAS, the Association claims the County is responsible for damage done to the front entrance of the Regent Park subdivision ("Regent Park") during construction of the Immokalee Road four-laning project; WHEREAS, the County denies liability for the claims and damages asserted by Regent Park but recognizes the costs and uncertainties of litigation over this matter; WHEREAS, the Association represents that it is the legally authorized representative of each of its members; and WHEREAS, the Association and the County desire to resolve all disputes between them with respect to the alleged damages to the front entrance to Regent Park as well as any and all other matters relating in any way to the Immokalee Road four-laning project. NOW, THEREFORE, for and in consideration of the mutual promises and benefits conferred herein, the payments recited herein, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged and confessed, the parties hereto, intending to be legally bound, covenant and agree as follows: The foregoing recitals or "WHEREAS clauses" are hereby made a part of and incorporated by reference in this Agreement and Mutual Release. The County agrees to pay the Association $4,000.00 in full satisfaction of any and all claims the Association or any of its members (including any of its members' predecessors, successors, heirs or assigns), employees, officers, agents, representatives, predecessors, successors, heirs or assigns have made or could make against the County that arise from or relate in any way to the alleged damages to thc front entrance of Regent Park or the Immokalee Road four-laning project. 3. The County shall make the $4,000.00 payment on or before September 30, 1997. o Except for any claim for the breach or enforcement of this Agreement and Mutual Release, the Association (on behalf of its members and their predecessors, successors, heirs or assigns as well as the Association's employees, officials, agents, representatives, predecessors, heirs, successors and assigns) hereby fully and finally remises, releases, quits, satisfies and forever discharges the County and its agents, representatives, officials, employees, from any and all manner of action and actions, cause and cause of actions, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which the Association has or hereafter can, shall or may have, or which any member, (including any predecessor, successor, heir or assign of any member) employee, official, agent, predecessor, representative, successor, heir or assign of the Association, has or hereafter can, shall or may have against the County, that refer, arise from or in any way relate to the alleged damages to the front entrance to Regent Park or the Immokalee Road four-laning project. o This Agreement and Mutual Release shall be and hereby is binding upon the parties as well as their respective members, officials, employees, officers, agents, predecessors, heirs, successors and assigns. This Agreement and Mutual Release shall also be binding upon the predecessors, successors, heirs and assigns of any of the members of the Association. This Agreement and Mutual Release shall be governed and construed by the laws of the State of Florida. Any action to enforce or for breach of this Agreement and Mutual Release may only be commenced in a court ofproper jurisdiction in Collier County, Florida. This Agreement and Mutual Release may only be modified in a writing executed with thc same formalities as the original. The Association and the County acknowledge and agree that this Agreement and Mutual Release is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement and Mutual Release is to be construed against the party ,,,,'ho physically prepared/drafted this Agreement and IVlutual Release. IN WITNESS WHEREOF, the County and the Association, or their respective authorized representatives, have hereunto set their hands to the Agreement and Mutual Release. DATED: ATTEST.: ,', DWIGHT E. BROCK, Clerk signature Pr/nted/Ty3~ed Name ~ Russell J. Wright l~ Property Management Pn n tec:l/Type~t" N a me CoI'P. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY~. HANCOCK, Chai~,m,/7 ? REGENT PARK MASTER ASSOCIATION, INC. By: Pnnled/Typed Name Pnnled/Typed Title Approved as to form and legal suMciency: Michael W. Pettit Assistant County Attorney (corporate seal) 1684 JOINT SUPPLEMENTAL INTERLOCAL AGREEMEN',' BETWEEN LEE AND COLLIER COUNTIES REGARDING LANDSCAPE MAINTENANCE OF BONITA BEACH ROAD This Joint Supplemental Interlocal Agreement (Agreement), made and entered into this 3,; day of .__.~..~.~, 19 '._2~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "Collier", and Lee County, a political subdivision of the State of Florida. hereinafter referred to as "Lee". WHEREAS, Collier County and Lee County, by and through their respective Boards of County Commissioners, entered into that certain Master Interlocal Agreement between Collier and Lee Counties dated September 6, 1989 concerning the joint planning, design, construction and maintenance of road improvements within a specified boundary area of Collier County and Lee County', and WHEREAS, or, June 19. 1990 and April 23. 1996 Collier County a~d Lee County, by and through their resoective Boards of County Commissioners, entered into supplemental agreements to the said Msster Interlocal Agreement for the four-laning improvements to Bonita Beach Road' arid WHEREAS, Collier and Lee Counties have generally recognized the public need to proceed with maintainir~g the landscape of Bonita Beach rcad' and WHEREAS. both Boards of County Commissioners e×p,'essed support for a road landscape maintenance .~greement along th~ cour, ty line NOW. THEREFORE, in consideration of the above ~.:remises and other good and valuable consideration. ,h. recelpt cf w~'~,'t' is hereby acknowledged, and in further Cllm 8-19-97 consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. Lee County agrees to perpetually manage and maintain the median landscaping on Bonita Beach Road from Hickory Boulevard to Vanderbilt Drive, pursuant to the plans prepared by Lee County Department of Transportation dated June 23, 1997, as they may be amended from time to time by the mutual consent of the parties. This Agreement shall be reviewed in ten years for new cost estimates. This Agreement shall terminate if an alternative funding source, such as an MSBU, is implemented by both LEE and COLLIER. 2. Collier County and Lee County agree to equally fund the actual maintenance cost estimated at $70,000.00 per year for Bonita Beach Road. Collier County will pay Lee County for the maintenance cost by the 31st of October of each year for the fiscal year beginning the preceding 1st of October. Any year in which expenditures do not reach the estimated maintenance cost shall be continued over to the next fiscal year. If it appears that during the course of this Maintenance Agreement that the amount of funds are insufficient to cover the yearly costs, COLLIER will, at LEE'S written request, provide the necessary additional funds within thirty (30) days of said written notification. COLLIER staff shall be authorized to provide the necessary additional funds up to twenty-five percent (25%) of the annual maintenance fee. The padies agree that any additional amount above the twenty-five percent (25%) must be taken to the COLLIER Board of County Commissioner's for its approval. For purposes of this Agreement, the term "maintenance" shall include, but not be limited to, maintaining the landscaping in a 16B 7 vigorous healthy state of growth and provide replacement plants and irri3, ation components in the event of accidents, inclement weather, etc. 3. The parties hereto recognize and agree that either county has the ability to affect the progress of the project by the commitment of project funds. Should either Lee County or Collier County be unable to fund its fair share, the other county retains the right to proceed with the project with or without a joint supplemental agreement. This Joint Supplementai Interlocal Agreement is solely for the landscape maintenance of the Bonita Beach road segment. Maintenance responsibilities of the roadway and appurtenances shall be addressed by a subsequent agreement. Collier shall own, control, maintain and be responsible for all Collier utility facilities. 4. Each year LEE shall at the earliest date practicable furnish COLLIER with two (2) copies of its final and complete billing for all costs incurred in conjunction with the work performed hereunder. Sufficient reference shall be made in the billing to LEE records, accounts or other relevant documents. All cost records and accounts shall be subject to audit by representative(s) of either LEE or COLLIER, at their election. 5. Upon completion of the landscape work, COLLIER agrees that it will maintain and keep in repair, or cause to be maintained and kept in repair, all of its facilities or utilities within the right-of-way of Bonita Beach Road. Any damage to the landscape shall be restored by COLLIER's contractor or permittee's obtained by COLLIER to the same or better condition of what is then being maintained in the area. 6. Neither County shall be responsible for any and all claims, liabilities, losses and causes of action arising out of any act, error, omission or negligence of the other 16g 7 County, its contractor or its agents or representatives. 7. This Agreement constitutes the entire understanding between the parties, and any previous Agreements, whether written or oral, shall be superseded by this Agreement. 8. This Agreement may be amended only upon the concurrence of both parties and executed with the same formalities as this original Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals hereto affixed, the day and year first above written. ATTEST: COLLIER COUNTY CLERK OF COURTS ..,/:),, By////>. _, .', ',.,; .~ ~eputy Clerk. -'" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:~ Chairman ,.,,,/,~ ~//,~ 7 APPROVED AS TO FORM Office of the 'County Attorney ATTEST: CHARLIE GREEN, CLERK BOARD OF COUNTY COMMISSIONERS OF LE~U~T~,, FLORIDA Le~'dSo~Att0rney's ~)ffice CONTRACT 16U Southeaslem Library Nelwork. Inc, 1438 West Peachtree Street. N.W. Suite 200 Atlanta. Georgia 30309-29..55 Telephcme 1404) 892-0943 Toll-Free l-gOO-999.g55g FAX 14(gll 892-7879 MEMORANDUM TO: Director, Collier County Public Library (FNO) FROM: Catherine F. Nevins, Executive Director DATE: ' April 7, 1997 SUBJECT: Contract Extension The Bibliographic Products and Services Agreement between your institution and the Southeastern Library Network, Inc. (SOLINET) will expire May 5, 1997. The present agreement will be extended until such time as a new base contract is negotiated between SOLINET and OCLC. Please reaffirm all of the provislons of the existing agreement by signing both copies in the space below and returnS? one copy to Cynthia Wilkinson at the $O£INET oj~iee. Please contact her if you have questions regarding the contract or this extension. EXTENSION AGREEMENT Timothy. ,,~. ~a'n6ock,- Chairman 'Date: ..-)) l-. ATTEST: DWIGHT E. '.BI~OCK, Clerk .." /Approved. ~s to. for~ and legal ~ /suf ficiepcy: Thomas C. Palme~ Assistant County Attorney In consideration of the mutual undertakings contained there/n, SOLINET and the undersigned institution hereby agree to extend the Bibliographic Products and Services Agreement existing between them until May 5, 1998, or the date of execution ora new Bibliographic Products and Services A~eement between ~ whichever date i~ Except for the date of termination of such agreement, SOLINET and institution hereby reaffirm and ratify all terms and provisions of~u:h BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA SOLINET: TITLE: Executive Director DATE: April 7. 1997 EXTENSION A_ND AMENDbIENT OF AGRE~SMENT FOR BIBLIOGRAPHIC PRODUCTS AND SERVICES This extension and amendment of Agreement entered into this day of 1991 by and be'tween Southeastern Library Network, Inc., hereiaafter referred to as "SOLINET," and the Collier County Board of Co,:nty Commissioners, hereinafter referred to as ">~.~BER." WITNESS~: W~iEREA. S, SOLINET and MEMBER have previously entered an agreement dated April 29, 1986 for the provision of bibliographic products and services by SOLINET to the Collier County Board of County commissioners and the Collier County Public Library; and %~HERLAS, said Agreement specified that it would continue for a term cf three (3) years; and ~CHEREAS, SOLI?:ET and MLMBER have continued to be bound by said Agreement a!thcugh no extension of Agreement has previously been executed by tke parties; and ~EREAS, £OL~?;ET and F!E>~BER desire to continue to be bound by the .%p-~ ~a '~=.~ ~--=eme.ns, as amended, until a new agreement is negct~-=''; ~-','= .... '-= parties; and >,~ER:':S, -- is heneficia! to ~!E~<BER and the public interes= ............. E7 fsr t~= Agreemen5 cf A. pri! 29, 1986 to be Page 1 of 3 16C } Wi{ER£A£, it is necessary to amend the Agreement of April 29, 1986 tc prc'.'i~e for said extension of this Agreement to be qoverne~ by Ficriga, not Georgia, law. ~OW, THEREFORE, in consideration of the covenants and agreements provided within the said Agreement dated April 29, 1986 and those furnher stated herein, the said Agreement of April 29, 1986 is hereby e>:tended and amended as follows: 1. The Bibliographic Products and Services Agreement dated April 29, 1986 is hereby extended until May 5, 199Z. 2. ~mendment of Section__17. Section 17 of the Agreement is hereby amended to read in its entirety, as follows: "This Agreement shall be governed by, subject to and construed according to the laws of the State of Florida." Except as expressly provided herein, said Agreement of April 29, 1986 remains in full force and effect according to the terms and conditions contained therein. The said terms and conditions are applicable hereto except as expressly provided otherwise herein. Page 2 of 3 16C iN WiT~;ESS WHEREOF, the undersigned, being the duly authorized representatives of the parties hereto, have executed this e>:%e;'.sicn and amendment of Agreement, under seal, as of the date first above ~.'ritten. Witnes~ SOUTHEASTERn; LIBRJkP, Y NETWORK, INC. a/k/a SOLId;ET By: ~r a~p .~Gr~~ - Executive Director ATTEST: ' ." BOARD OF COUNTY COMMISSIONERS James C. G'j.!es, Clerk COLLIER COUNTY, FLORIDA "i'.'.'... .'":'~" " -- Chairman ApprOved as to form and legal sufficiency: Assistant County Attorney Page 3 of 3 III ,.ease. 1 6C ]'Ills LEASE AGREEMENT entered into this ,9__.~ day of '~', , ,' . 1907. between Lcc Cypress Water and Sewer Co-op. Inc., a non-profit Florida corporation, whoscL~ailing address is P.O. Box 26. Copeland Florida 34137. here naftcr referred to as "LESSOR", and Collier Coufity a .political subdivision of thc State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples. Florida 34112. hereinafter referred as "LESSEE". WITNESSETIt In consideration of the mutual covenants contained herein, and other valuable consideration, the parlies agree as follows: ARTICLE I. D..c. mifc.d~x-e-m~ c s LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at 812 Church Street, Copcland. Florida, further described as the East '/~ of Section 13 Township 52 South, Range 29 East, Par .'el "Y", Copcland, Collier County, Florida, as shown in Exhibit "A" which is attached and made a part of this Lease, hereinafter referred to as the "Demised Premises". for the sole purpose of developing and operating a neighborhood playground. ARTICLE 2. ~_g. ml_~'_kc.a~ LESSEE shall have and hold thc Demised Premises for a term of tv,'enty-fivc (25) years, commencing on the date by which this Agreement is executed by both parties. LESSEE. however, reserves thc right to terminate this Lease. with or without cause, upon thirty (30) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 12 of this Lease. Said notice period shall become effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSOR and LESSEE hereby agree that no rent shall bc paid or collecled for the utilization of the Demised Premises. ARTICLE 4. , , LESSEE shall pay all costs associated with the construction, maintenance and operating expenses associated with the approved use. ARTICLE 5. -- ' ' Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S ~witten approval, specifying in ~v'riting the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have thirty (30) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after thirty (30) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. Said changes, alterations, additions or improvements to the Demised Premises shall, when made or installed, be deemed as property of the LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work. erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with ail then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. Within thirty (30) days from the termination of this Lease or any renewal term thereof, LESSEE shall remove any and all additions, improvements, alterations and installations which were placed in. on or upon the Demised Premises by LESSEE and repair any damage occasioned to the Demised Premises by such removal of same. Said removals and repairs shall be made at LESSEE'S expense. 16C 4 LESSEE covcnanls and agrees not lo usc, occupy, sun'~r or Imr,m( said I)cmiscd Prcmlscs or any part thcrcoFlo :'c uscd or ~cupicd for any pnrposc COnlra~' Io law or Iht rules or rcgulalions orany public nudmri~y. ARTICLE 6. LESSOR, its duly authorized agents, reprcscmnlivcs and employees, shall have lhe right after reasonable notice to LESSEE, to cater into and upon tim Demised Premises or nny pan Ihcrcof al all reasonable hoers for pu~ose of examining same and making repairs or janitorial service therein, and For Ihe purposes of inspection for compliance with thc provisions of tiffs Lease Agreement. ARTICLE 7. ~!~t and LESSEE covcnanls and agrees not to assign Ibis Lease or Io sublet tho ~hole or nny part of Ibc Demised I'rcmiscs, or Io pcrmil any olhcr pcrso.s lo ~cupy sam~ wifl~out lira wtiucn couscnt of LESSOR, Any such assignment or sublclling, even wflh Ibc coastal of LESSOR, shall nol relieve LESSEE from liabilily for pa?neat of rent or other sums herein provided or from tim obligalion ID keep and be bound by thc tenns, condilions and covenants of this Lease. ~e acceptance of rent from nny olher pcrso shall not be deemed Io be a waiver of nny of Ibc provisions of this Lease or Io be a consent to lhe assignmcnl ofdfis Lease or sublcUing of Ibc Demised Premises. ARTICLE g. Thc LESSEE will nt all limes carD. comprehensive general liability insurance m an amuunl not less limn sum of$1,O00,00.00 single occurrence, 51,000,000.00 nggrcgale. The cos~ of all such premiums on nil such polici~ shall be paid and bomc by the LESSEE, and Ibc ccrfificnlc of such insurance lhcrcofshall be filed wilh thc I.ESSOR. ARTICLE 9. MninNnance LESSEE shall, at its sole cost and expense, keep tile l)cmiscd Premises clean nt nil times, If tile Demised Prclniscs is not kcpt clean in Ihs ophfion o£ LESSOR, LESSEE'S manager will bc so advised in writiug. If corrective nclion is not taken withiu lhirly (3(0 days of the receipt of such nolice, 1.ESSOI~, will cause the same Io bc denned nnd corrected and LESSEE shall assume and pay all accesser',' clcnning costs nnd such costs shall constilule additional rent v,'hich shall be paid by LESSEE within Ihirly (30}'days of receipt of written notice of costs incurred by LESSOR. ARTICLE 10. ~ Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may. at its option. Icrminnle Ihis Lease allot Ihirly (30) days wrilleu notice Io LESSEE, unless tile default be cured within Iht notice period (or such additional lime as is reasonably required to correct such defauh). A P. TIC LE Il. ~~ LESSOR shall in no event be charged with default in :he performance of ail)' of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) aner notice lo LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 12. ~ Any not/ce which LESSOR or LESSEE amy tlc required lo give to thc otl~cr party shall be in writing Io tile other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Lee Cypress WalCr and Scwer Co-op, Inc. P.O. Box 26 Copcland, Florida 34137 cc: Office of thc County Atlorncy Parks and Recreation Director ARTICLE 13. ~~ 16C 4 LESSEE covcnanls and agrees to d,..'livcr np and surrender to I.ESSOR possession of Iht Demised Premises npon expiration of this L~se, or its earlier termination ns hcrcb provided, brim clcm~ and in as g~ condition and repair as the s~me shall be at the commencement of Iht icnn o f this Lease or may have been put by LESSOR or LESSEE durina the continuance thereof, ordinal, wear and ~car and tbnmge by fire or Ibc clements beyond LESSEE'S conlrol excepted. LESSEE shall remove all iml~rovcmcnls :md fixlurcs I~om thc Demised I'rcmiscs as providc~ for i,, Article 5 of tiffs ~c. ARTJCLE 14. ~ In compliaucc with Section 4(),1.056, Florida Statutes, all parties are hereby m:]dc awa~c .l'lhc fbllowing: Radon is a naluraJly ~currJng radio~clive gas Ilml, when Jl Jm~ nccunmJal~d in ~ b.ilding in sufl~cimfl qJlmflilics, nl~y prcscnl hcahh risks Io I~rsons who arc CXlmScd Io il OVCF I~IIIC. l.cvcls or radon Ih;il ~xcc~d fcdcrnl and slaJg guidelines havc bccn round in buildings in Florida. Additional Jlll~lrlllflJiOll rug:trtJing [:Id(ill and radon testing may be oblni.cd fionl your courtly public h~lfi, unil. ARTICLE 15. ~ '~lls Lease Agrccmcn~ shall become clTeclivc upon cxeculmn by bofll LESSOR m~d LESSE~. ARTICLE 16. ~~ ~]lis Lease Agrcmncnj shall be governed m~d conslr.cd in accordance wilh Ibc laws of Ihe Slale of Florida. IN WITNESS WHEREOF. fltc parlics hcrclo have hurcundcr scl forlh Ihcir Imnds and scab. AS TO THE LESSEE: DATED: ~ /. ' A'I:FEST: DWIGI IT E. IIROCK, CIo)-k BYi'-/;"'. V''' T ' AS TO 'FflE LESSOR: DATED:~ A'~'ES'F: prlnJ 11411110 WITNESS (signature) I)rU~l na111o I]O,\P,D OF COUN'I~' COb. IMISSIONERS, COLI.IERCOUN'h, FI.OI~IDA LEE CYPRESS \VA'I'EI~ AND SERVER CO-OP, INC, a non-profit Florida Corpora/ion Titlc:~ (COP, PORATE SEAL) Approved as Io form and legal su flicicncy: Heidi F. As~'ton ~ Assistant Count), Attorney EXHIBIT "A" 16C 4 812 Church Street, Copeland, Florida Section 13, Township 52, Range 29, Parcel '3Y" RESOLUTION NO. 97- 289 160 6 A RESOLUTION AUTIIORIZING TIlE COUNTY ADMINISTRATOR, TttE COUNTY SOCIAL SERVICES DIRECTOR AND/OR TIIEIR DESIGNEES TO EXECUTE TilE STATE OF FLORIDA DEPARTMENT OF ELDER AFFAlRS REFERRAL AGREEMENTS. WItEREAS, thc State of Florida Dcparlmcnt of Elder Affairs rcquircs Collier County Social/Scnior Services to enter into rcfi:rral agrccmcnts with Collicr County acting as a casc managcment agcncy for service provider agcncics from thc community; and WHEREAS, there are muhiple service providcr agcncies; and WIIEREAS, there is no financial involvcmcnt by Collier County with the scrvice providcr agcncics; and WHEREAS, thesc S.atc mandatcd referral agreements do not entail numbcrs of service units nor dollars of scrvicc to bc purchased but, rather, they are required documcntation of service providers within the Collier County scrvicc area; and WItEREAS, it is the intent of this Rcsolution to avoid the need for rcpeatcd fulure Board of County Commissioners' approvals for said referral agreements whcre said agrecments do not financially obligate the County and are mcrcly lists of recognized service providers. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The County Administrator and/or his designee and/or the County Social Services Administrator and/or his/her designee are hereby authorized to execute the State of Florida Department of Elder Affairs Referral Agreements provided that no payments by Collier County to a service provider agency are required by said agreements. PASSED AND DULY ADOPTED this .~.-~ day of~ _, 1997. / ·ATTEST: DWIGHT E. BROCK, CLERK ,' As Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TIMOTHY./L. H'ANCOCK, CHAIRMAN Approved as to form and legal sufficiency: Chief Assistant County Attorney h:~¢solutions97 .~¢n iorscrvic esagr¢cmq:n t -tm Sponsor - White Copy Agency - Yellow Copy S~ BIG WA VE INTERNATIONAL, INC. P. O. Box 338 · North Salem, NY 10560 Phone#914/276-1210 * Fax#914~276-1219 This contract entered into as of the 22 day of~~/tX-d 1997 , by and between Big Wave International, Inc., P. O. BOX 338, Noah Salem, NY 10560, as producer of the event, and Collier County Parks & Recreation 3300 Santa Barbara Boulcvar~ Naples, FL 34116 (hereinafter referred to as 'SPONSOR") Big Wave ~ ill provide Wild Video Da.ncc P;u'~y"® (hereinafter referred to as "EVENT"), to perform a~, the date, time and place specified helow: PROGRAM: Video D:nc¢ Party IX"K?ATION: Golden Gate Community Patak DATE: August 2, 1997 TIME: 8:30 PM(5:30 PM report time) Spec~ EQ Req: SPONSOR shah provide a secure, dry, dark and proper piece for thc event, in good condition, togctber with all necessary stage accessories and properties, as specified below and in attached alder. CONTRACT# 9 6 7 0 16C 8 Fed ID# 13-379-6803 STAGE ACCESSORIES AND PROPERTIES: The attached Addendum and Rider is pan of this contract. No performance or program or any part thereof is to be reproduced, including but not limited to reproduction by broadcasting, videotaping or tape recording., without written permission of Big Wave. SPONSOR agrees to pay Big Wave as consideration for "EVENT" services the amounts set forth undc. r "TERMS" helow. No taxes arc to be deducted from agreed compensation. Any and ail city, state and federal taxes including amusement, sales, etc. for said EVENT shall be thc sole responsibility of SPONSOR. TERMS: Payment Guarantee $2,500.00 PAYMENT IN.~"RUCTIONS: Two Thou. rand Five Hundred Dollars Flat Guarantee. Additional/), pa)' VJ $50.00 hotel perdiem fcazh or check made payable to VJI the night of sfiow. . $2.$00.00 to be paid to BWI representative . Check~ to be made payable to BWI. It is understood that this Contract is binding on both parties; it cannot be cancelled except as follows: Big Wave and SPONSOR mutually agree that ciLhcr party may postpone this Contract and all parties shall be released from any additional liability of damages hereunder, if Big Wave or SPONSOR isunablc to fulfill the terms of this contract duc to an Act of God or any other legitimate conditions beyond thc control of Big Wave or SPONSOR. It' this contract ia postponed duc to an Act of God or legitimate conditions beyond thc control of Big Wave or Sponsor, Big Wave will be paid in full on original contracted Dat~ and Big Wave will perform gratis on a future agreed upon Date. It is expressly agreed that Big Wave is not responsible for any act of commission or omission on the part of thc SPONSOR. ]n furtherance thereof amd for the benefit of Big %av~, it is ag~cd that SPONSOR will not name, join orothcrwise look to Big Wave as a party in any civil action or suit arising out of. in connection with or related to any ac~ of commissionor pursuant to this agreement by SPONSOR. Without in any way limiting thc generality of thc foregoing, Big Wave sh~ll not be responsible for any costs, damages, or other expenses including all production expenses which may be incurred by SPONSOR by reason of any such acts of commission or omission· SPONSOR'S CORRESPONF_.NT: Peggy Ruby ~ Marketing Special Evcnts BUS[NESS PHONE: 941-353,.~404 HOM~. PHONE: 941-434-0306 .The representafiv,- of SPONSQR,'in signing this Contract warrants that (s)he s gns as a dul authorized re ;, ....;'. :~ !..,' .,' ~ Y . presematzve of SPONSOR. · This Contract must be-roturd(h:l to'Big Wave International, Inc. within Fifteen (15) days of the date 'entered into". ..This C. ontr~t is g~vcrne~ by Ge la',~'of thc State of Florida and cannot be chan~ed excem in writin an ' .. ~..~..~ '~/. ,, '.,,:, / '.... .. - _ g d s~gned by both pm'lies. · . ,~^,~//.zz/;~' ..... .,' .... . SO~V,D OF COtmrrv CO~t~[SStOh'E~. ~ - -/ _ .~ - , _. . .,~,,,~?.~.~],,_..~,,~ .,..,,~,~.j~.. ~.~ ~, Mr; Timothy ~. Hancock ,,~u~yed as to ro~rm ~: L~ga~ .' tC. · Assistant Coun'ty'At:orney-Tbi.n Palmer RE SPONsoP~ DATE · .~. LULA # 160 1 LIMITED USE LICENSE AGREEMENT LIMITED USE LICENSE AGREEMENT BET~VEEN TIlE BOARD OF COUNTY COMMISSIONERS, COLL1ER COUNTY, A POLITICAL SUBDIVISION OF TIlE STATE OF FLORIDA AND OCTAGON SEQUENCE OF EIGIIT, INC., A NON-PROFIT FLORIDA CORPORATION, APPROVING TtlE USE OF COUNTY-OWNED PROPERTY FOR TIIE PURPOSE OF AN ARTS AND CRAFTS SHOW. This Limited Use License Agreement entered into this 9 ~ day of ~ __, 1997 by and between the Board of County Commissioners, Collier Cbhnty,/whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as 'Board% and Octagon Sequence of Eight, Inc., a non-profit Florida corporation, whose mailing address is 41660 Horseshoe Road, Punta Gorda, Florida 33955, hereinafter referred to as "Octagon". WHEREAS, Octagon, a wildlife sanctuary, rehabilitation, learning center and conservancy, requests the use of County-owned land for the purpose of holding activities for a fund-raiser which is to held on December 6°~ and 7°', 1997, in which all proceeds will benefit Octagon. WHEREAS, the Board is willing to approve the use o['County-owned land for such purposes; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN AND OTHER VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: I. The Board hereby approves the use of County-owned property identified as that portion of the Collier County Government Complex, which lies to the southwest of the Collier County Museum, as shown in Exhibit "A" which is attached and made a part hereof, hereinafter referred to as "Property" for the purpose of holding activities for an Arts and Crafts Show. 2. The approval of the use of the Property by Octagon shall extend from December 6'~ to December 7t~, 1997, from sunrise to sunset. 3. Octagon shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with holding of such an event, such responsibility not being limited to trash collection and clean-up of the Property. Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4. Octagon shall acquire any and all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. Octagon shall post a Four Hundred and No/100 Dollars ($400.00) cash bond with the Real Property Management Department ten (10) days prior to the scheduled event to insure adequate clean-up of the Property at the termination of this Limited Use License Agreement. It is understood and agreed that this bond is not intended to replace Octagon's obligation to clean up the Property at the completion of its activities under this Limited Use License Agreement. Upon Octagon's written request, the Real Property Management Department shall return such bond money to Octagor~ if said Property is cleaned up in a timely and proper manner as required herein. 5. Prior to making any changes, alterations, additions or improvements to the Property, Octagon will provide to Board, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. Octagon covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all present and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of' Collier, and any and all governmental agencies. Ail alterations, improvements, and additions which were placed in, on, or upon the Property by Octagon, shall promptly be removed at the termination of this Agreement and Octagon shall repair any damage caused to the Property by such removal. 6'.' ~ ©c~agon shah provide and maintain general liabifity insurance policy(ies), approved by the Collier County Risk Manager, for not less lhan Five I lundred Thousand and No/Dollars ($500,000 00) combined single limnits during the term of this Agreemenl Such insurance policy(les) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County R sk Manager. 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to November 1'7, 199'7; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Manager in the event of cancellation. 7. This Limited Use License Agreement shall be administered on behalf of the Board by and through the Collier County Real Property Management Department, 8. Octagon agrees to hold harmless and defend Collier County, the Board of County Commissioners of Collier County, Florida and their agents and employees, from any claims, assertions or causes of action for any loss, injury or damage to persons or property arising from or associated with Octagon's activities or use of the Property. Octagon further agrees to indemnify Collier County and the Board of County Commissioners off Collier County for any costs, expenses or fees, including attorneys' fees, arising from any claims or causes or action For loss, injury or damage to persons or property arising from or associated with Octagon's activities or use of the Property. 9. Octagon covenants and agrees not to assign this Limited Use License Agreement or to permit any other persons or persons to occupy same without tile written consent of Board. 10. The Board reserves the right to cancel and/or reschedule this event, at any time, ifthe Property should be required for emergency governmental use. 1 I. Any notice to be given by either party to the other pursuant to the provisions ofthis Agreement shall be in writing and shall be placed in an official depository of the United States Post Office, Registered or Certified Mail, Return Receipt Requested, postage prepaid, addressed to tile party for whom it is intended to the address stated above or at an address either party may have designated in writing. 12. The Board and Octagon specifically agree that this Agreement represents a license for Octagon's use of the Property and does not convey any estate in the Property or create any interest whatsoever. 13. Octagon represents and warrants lo tile Board that no hazardous materials ,,viii be discharged into the air, grounds, sewer or to a septic system on the Property. 14. Octagon shall be responsible ['or paying all sales taxes, if applicable, and all other taxes and charges associated with or resulting From the holding of this event. 15. The sale and/or consumption of alcoholic beverages shall be prohibited on the Property during this event. 16. This Agreement is governed and construed in accordance with the laws ofthe State of Florida. 1 IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written AS TO OCTAGON: DATED: /,~ /~.//~>~' C~ o, c,d; c~ (print name) ,-J · ~ . _. /- ~..~' ',~i~ess (srgnature) (print n~mc) / - -' OCTAGON SEQUEI¥CE OF EIGHT. INC. CAROLYN ?,~/ITyEIRER, Prcsidcnt 160 1 AS TO THE BOARD: Appr09ed'as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNT. Y,,¥LORIEIA BY: . EXHIBIT "A" " Texaco Station COLLI~ER COUNTY GOVERNMENT COMPLEX 3301 EAST TA~IAMI TRAIL NAPLES, ~LORIDA 160 2 DRAINAGE EASEMENT THIS EASEMENT. made and entered into thiu ~ ~-k~ day of ~C~\f .... 19~(; , by MICHAEL J. BRUET and KATHY JO BRUET, husbahd and wife, having a mailimg address of 209 Eqret Avenue, Naples, Florida, 33963, as Grantor, and Collier County, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 33962 its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" includr] all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) W I TN E S SETH: Gk'antor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive, license, and privilege to enter upon and to install and maintain drainage and utility facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for tho purpose of constructing, operating, and maintaining drainage and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first ~bove written. Witness (Signature) / (Print or type) Wi{ness ( S~gr~tur e.~ (Print or ty~e) :';~tnass (.qionatur~% (Print or type) Wi~ess (S ~na~ur~ (Print or t~p~) MI R'A~FL J. BRUET COUNTY OF Cot\iec The foregoing Drainage Easement was acknowledged this ~- day of c~ , 19~m , by Michael J. is Dgr~ally known to ~e or who has Produced as ~den{'i f~cation. (affix notarial seal) COUNTY OF Co\%(ec The foregoing Drainage this ~+" day of (~1~ personally known to me or identification. (affix notarial seal) who has before me Bruet who signature of Notary Public Print N~me Commission ~;umber CC_. ~ My Commissi.0,.n. Exp.ires: Easement was acknowledged before me , 19~% , by Kathy Jo Bruet who is produced as Signature of Notary Public Print Name Commission Number Cc-~k~ My Commission Expires: {,': , .'.,; :<.~,:.{? '-- Prepared bi: HeSd] F. Ashton, [squire O~flce OF the ~O~nt! Attorne~ 3301 [aS% T~mi~.l Trail Naples, F]or~da ,3.3962 {813) 774-8400 ? EXHIBIT "A" ~o ~ o~ ~ 1 6D 2 PROJECT NO. PROJECT PARCEL NO. TAX PARCEL NO. THE WEST 5 FEET OF LOT 31, BLOCK S, ACCORDING TO THE PLAT OF "CONNER'S VANDERBILT BEACH ESTATES, UNIT NO. 3," AS RECORDED IN PLAT BOOK 3, PAGE 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. K TC R PT T V Y _____3-- .... CAiqAL "-'U__ N _% 31 ----~ K S EGRET AVENUE SCALE: DRAWN BY: CIIECKEO BY: FILE NO: REVISED: RICN~ PROFE$3IO~L't~0'SUI~VEYOR M276g TRANSP6RFATI(JN,.~'E~.iC~S DIVISION COLLIERiC6U~T¥ %aV~Rb~4ENT COMPLEX 3301EAST"¥ANI~b'TR'AIL NAPLES, FLORIDA 33982 Date: To: F:'om: Re: Item #16E1E, BCC meeting date: July 254, 1997 Joyce Houran, Sheriff's Office Sue Barbiretti, Minutes & Records 7/22/97 Please find attached the original "Categorial Assistance Progress Report" that was approved at the meeting of 7/22/97. If you have any questions, call me at 774-8406. Thanks, U.S. DEPARTMENT OF JUSTIC~ .. O l'fic~ 0£ Jmt/cc PROGRESS RE'POInT. 1 6:E 1 .E cATEGORICAL ASSISTANCE Thc information prov;dcd will bc used by th'c ~sntor aSrmcy to monitor Sr~ntcc cksh flow to cnsurc propcr usc of Federal £unds. Ho furthcr m~nlcs or othcr b~ncfits rosy bc paid out undc~ t_hi~ proj~m unIc= thls rcpbrt b compIctcd and rcqulrcd by cxlsLinS Izw snd rc~Isdons (ljnlform Administmt]vc Rcquh'cmr. nu for Orahts and Coopcntt/vc Agreements 28 CFK, Part 66, Common Rulc,- and OMB CirculaJ: A-II0). ? County o~ C~l!ie~ i 96-DS-BY-0249 'I 1' IMPLEM£HTtNG SUBGRANT£E .:r~ REPORTING PERIOD Colliec County She~/ff's O£fi'ce FR0~ 9/30/96 . ?0',. 3/31/97 SHORT TITLE OF PRO,ECT . I ?o GRI'J'IT AMOUNT I I. TYPE OIr REPOR'T $4,600.00 . r'-I .~cu~^a r-I I r~ FINAL. Fire & Arson Preventioh Program for Ch~ches ~ The Collier County Sheriff's Office Crime Prevention Bureau established a Fire ~nd Arson - 'Prevention ProEram for Churches in Collier County. The program is made possible through a grant provided by the U.S. Department of 3us6ce. The program was implemented byldeveloping a comprehensive pamphlet for Fire'and Arson Prevention for Churches, in three languages (7,000 in English; 3,500 in Spanish; md 1,500 in Creole). The pamphlets were .funded by the Bureau of Justice Assista~. ce, Office of Ju§tice Pi'ograms, U.S. Department Of. Justice fiscal year 1996.Church AYsdn Prevention Grant Program, Award #96-DS-BX-0249. Research was conducted to determine the number of arson incidents against churches in Collier .County. The conclusion ca'the research indicated that there were a limited number of arsons against churches [n Collier County. However, the same research showed an incf~ 9faccidental church fires. This information enabled the Collier County Sheriff's Office Crirrie Prevention'. '......' Bureau to tailor a comprehensive Fire and ArSon Prevention Program for Church~, The .: program is coordinated with the Collier County Ministerial Association and provides training'for their members. The Collier County Sheriff's Office Crime Prevention Burea~ conducts prcs~mations to ali Neighborhood Watch Groui~s on Fire and Arson Prevention for Churches to teach mcm~ how to remain alert and how to patrol the churches in their individual commdnities. 'The presentations are coordinated with local fire districts for optimum inforrnatio'n i.,o,r~d~.i~/," TMse programs will remain ongoing for Fire and Arson Prevention. ' ~?~ ?? q,."' ~"..[ .",~',, '",, '!, . :.. ·. ' ' A F,re and Arson Prevention for Churches Symposium is.al~ .......... ' ....... ;il)W-I- ~ '.~--, d~stnbut~on of brochures ~s facd~tated through thc abovc,-i'hcnt~of-,,~ p'l'ollrams. - . . ~- - ~ :'~ .',;:'t~., ':" :~ ' '' ' CLERK ~d ~b~on of pmgm: mpo~:. ~e Date. R~po~ am ~ue ~ d~ a~r ~e clo~ of ~ch ~ ~lendar qua~r. ~ f~ng ~e ~ose of ~ ~nt ~od or any e~ens~o~ ~er~f. ' . . Sub~1on, Gmnt~ she~ sub~t to OJP;O~ce of ~e .Co~p~pi~r. gn_q~g~l.a,od qq~,~py-of.qum~e~y- '1 ~ and ~e~on. Gmnt~ shou~d.u~'OJP Fo~ 4~7/l'(Rev; 2-90} a~~L ~g: ~e needed, ~ain bo~d paper ~ to ~ u~. It should be noted ~at ~e ~A pe~n d:igna~ed as proJe~ dimmer on ~e g~nt apportion or any duly 'd~lg~t~ ~or. . Re~g Requirement. ~e m~ng mqulremen~ noted in'~ts semen ~re d~lgned to pm~de ~en~ ~~ent inYb~adon to ~onitor gm nt Imp~emen~don and goal a~menLTo suppo~ mending prog~ repo~ mu~ be keyed to the g~nt Implementation p~an prodded ~ PeA IV of ~e gent 1. In~te ~e ~s of each g~at ~ch ~s due for ~mpledon du~ng a proteus repoA - quaAer but :Med over due tO Imp[emanation or o~er - '~ State ~e s~s of each goal which ~s scheduled to ~ ach1~ dung ~e repo~ pe~od. 3. S~te ~e conecdve a~on planned to resolve Imp~emen~don p~ble~ and s~te effe~ of these problems on.~e remaining schedule for ac~ie~ng ~e proje~ remaining goals. 4. If appmp~te, Iden~[~ changes ~ich are needed In ~e lmpiemen~don plan specified In Pa~ Iii and IV of ~e gent application to oyercome problem. Chang: ~[ch alter plans and/or goals set fo~ In PeA III or iV of ~e apportion r~uire prior gruner ag~n~ approval and ~e l:uance of a Gent A~us~ent Nod~. 5. S~te what technl:l a~nce ~e grantor agen~ might pm~de du~ng ~uaAer to help r~oive Implemente~on problem. If t~h~l:l ~e ~s.bee~ ~rovid~ ~o mso~ve Impiemen~don problem, s~te ~e prob~o~ (or ~} a:or~ ~no me . . .. resulm (or Impaq) of ~e ~:i~nce provide. . ... 6. B ~sed on ~o ped~nce measu~ ~t fo~ In ~e gent apportion (Implemen~tion .- ~e ~ng ped~ and cumuta~t~ate. ~m~ anu qua[~ng ~temen~ be helpS! hem, ~clally E pmJe~ obJ~ ha~ ~ng~. ~r~ce~in pr~mm or e~dmen~l a~s ~o De,er ~ ~n~ a.~ ~ ~e egen~r of ~e overall ~tegod:l gent p~mm. ~ ~I be ~mmun~:t~ to aff~ gmnt~ . ~s~ct~, saarch~g exlst~g . h~ burden e ~te or any o~cr aspect= o f t~ c~acfl°n °l ~f°~ldon'lnc~g ~gestl°ns f°r .~fo~flon. Send comments rega~mg t .... .,. ~ ~... ~... ~ Justice 633 In~na Avenue NW. Washington. educ~g t~s burden, to the Completer. O~ce 20531; and to the PubEc U~a Repo~s Pro~c~ 1121-O140. O~ce of Info~aflon and Regu~to~ Affa~s. Ol~ce el Management and ]ud~aL Washington. O.C. 20503, o.s. D,~ o, ~s~:cz GRANT MANAGER'S MEMORANDUM, PT. h o,,,,c~ o, :orr:c~ ,,~,-~ PROJECT £UMMA.~ 2 2 1997 ~o~ect 9roJec~ ~eau o~ ~tice AJ~i~t~ce '' Was~ugton, ~ 20531 . Waples, ~ 34112 {100)421-~770 C~ Of CollAiF 3301 ~J~ T~ Trail N/A N/A N/A Streets ~t, al ~ed, ~ ~e Or--fir Of ~leJ of ~rJhip ~ ~ racial ~ rali~i~s intoler~ce NC/N~ 1BE1 N OUITCLAIM DEED 97 JL,'L I 7 t tl 3:05 This QUITCLAIM DEED made this j) ;' day of 'i~..:~'''I' ,1997 by the Board of County Commissioners of Collier County, Florida, a~uccessor to the Pelican Bay Improvement District, Grantor, and Bay Colony, Gateway, Inc., a Florida Corporation, it's successors and assigns, GRANTEE. WITNESSETtt That the GRANTOR for and in consideration of Petition AV-96-030 and the sum of ten dollars ($10.00) and other valuable consideration to it in hand paid by the GRANTEE, receipt of which is hereby acknowledged, hereby remises, releases, and quitclaims unto GRANTEE forever, all right, title, interest, claim, and demand which the said GRANTOR has in that certain portion of a drainage easement interest in, of and about the following described lands being located in Collier County, Florida, to-wit: A portion of the Grant of Easement as recorded in O.R. Book 790, Page 1803 and O.R. Book 1419, Page 234 of the public records of Collier County, Florida, and more particularly described in (Exhibit "A" attached hereto and incorporated herein by reference) IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in it's name by the Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk "-'"'-"' "/"'P"; .... /' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Ti{r~thy//~anco~k,' Chairman - This instrument was prepared4av Heidi F. Ashton t~x ~'~ Assistant County Attorney 3301 Tamiami Trail East Naples, FL. 34112 OR: 2339 PG: 2255 :6fl N DESCRIPTION OF DRAINAGE EASEM[NTS TO t~g VACA TED SEE SHEET 2 OF 2 SKETCH OF DRAINAGE EASEM£N[5 ZO t.3F VACATED (NOT A SURVE_Y.~ ~ - ~ -'u'SIT 'rEs (P'~',, zu-~' R/W) ~ .... L,~ Or ~,.C~L 10-32'58'E L2 N OOUS'OI'W 7~.00 I~ ~ L3 N 76'53'00'E ;5 65 ~- ? ~ , P.O.C. - POINT OF COMMENCEMENT. P.O.B. - POINT OF BEGINNING. P.B. LD.D.E. - PELICAN BAY IMPROVEMENT DISFRICT EASEMENT. EASTERLY LINE OF-x O.R. 790, PCS. 1814-1815~ "' P.B.I.D.D.E. ' O.R. 790, PGS. 1814-1815~ BEARINGS ARE BASF..D ON THE EASTERLY LINE OF PARCEL 'C' BEING SOUTH 10'32'58" EAST AS SIIOWN ON ~}tE PLAT OF PELICAN BAY UNIt FL~'TEEN AS RECORDED IN PLAT BOOK 18, PAGES 5-fi PUBLIC RECORDS, COLLIER COUNTY, FLOI?DA. PREPARED BY: ny: [.)RA'¢~.! BY: JAN// DATE: _cEPL CHECKL'D BY:_.~' PROJECT NO,:.._~ FILE NO'. 5',;~/. ^CAD NO:~ OR: 2339 PG: 2256 *** 1 6£1 N DE$CRIPTION O___~F DRAINA~O_j~~ ALL THAT PART OF PELICAN BAY IMPROVE. M£NT DISIRICT DRAINAGE EASEMENTS AS BE/NC DESCRIBED IN OFFICIAL RECORD BOOK 790, AT PACE I,~i09 AND OFFICIAL RECORD BOOK 1419. AT PAGE 236, ANO AS BEING DELINEATED ON Iit,r. PLA1 Of P£LICAN BAY UNIT FIFTEEN, AS RECORDED IN PLAT BOOK I8, PACES 5 DtROUGIt I J, PUBLIC RECORDS OF COLLIFR COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS I O£LOW~: COMMENCING AT THE NORTHEASTERLY COI?NER or' PARCEL 'C" OF SAID PLAT, D/ENCE SOUTH 10'32'58' EAST ALONG THE EASTERLY LINE OF SAID PARCEL "C", A DISTANCE OF 297.12 FEET TO PIE POINT OF BEGINNING OF TIlE DRAINAGE EASEMENTS TO BE VACATED; TItENCE CONTINUE ALONG THE EASTERLY LINE OF SAID PARCEl. "C" SOUT}.I 10".J2"58' EAST 7,5.09 FEEI~ TNENCE LEAVING SAID EASTERLY LINE OF SAID PARCEL 'C" SOUTH 76'33'00' t4~ST 11.96 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHERLY AND tfAV1NG A RADIUS OF 2052.83 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CIRCULAR CUR'VE, THROUGH A CENTRAL ANGLE OF 12'51'59' AN ARC DISTANCE OF 460.99 FEET TO AN INTERSEC170N Hfi, TH A EASTERLY LINE OF THOSE LANDS AS DESCRIBED IN OFI'ICIAL RECORD BOOK 790, PACES 1814 THROUGH 1815, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORPt O0"JS'Ol* WEST ON A RADIAL LINE TO SAID CURVE A DISTANCE OF 73.00 FEET TO AN INTERSECTION ~TH THE ARC OF A CIRCULAR CUR~ CONCAVE NORTHERLY AND HAVING A RADIUS OF 1979.83 FEET; THENCE EASIERLY ALONG TtIE ARC OF SAID CIRCULAR CURVE, THROUGH A CENTRAL ANGLE OF 12'51'59" AN ARC DISTANCE OF 444.59 FEET T& A POINT OF TANCENCY; ~ENCE NORTtt 76'33'00' EAST 15,65 FEET TO T~tE POINT OF BEGINNING OF TIlE DRAINAGE EASEMENTS TO BE VACATED. CONTAINING O. 782 NET ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PREPARED BY: BY: ' ~_--, SCAL_A 5,335 ) m,;ItECKED BY:~ , PRO.CT NO.:~-~ ~ ~ ~r,L[ NO:~ t~CAD NO:~~ This i~tr~mcnt prepared by: Vivien N. tla.stings -Esq. 801 Laurel Oak Drive. #500 Naples. FL 34108 DRAINAGE EASEMENT THIS EASEMENT, granted this ?__._?day of ~../__~../~, 1997, by WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partr~rship, ,,,,'hose address is 801 Laurel Oak Drive, Suite 500, Naples, Florida 34108 and MARBELLA AT PELICAN BAY, INC., a Florida corporation, whose address is 801 Laurel Oak Drive, Suite 500, Naples, Florida 34108 16E1 N 2216816 OR: 2339 PG: 2257 HCOIDIO ~l/l~/~? 4t l~:~lo D¥IG~T I. BI0C£, C$111 lie cof115 4.00 C[Ill TO T~I ~OAlO II?I~OINCI lit collectively as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, whose address is 3301 East Tamiami Trail. Napk:s. FL 34112, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee. receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage facilities on the following described lands being located in Collier County, Florida, to wit: (See the legal description attached hereto as Exhibit "A".) TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, for the purpose of constructing, operating, and maintaining the drairmge facilities. Grantor and Grantee are used for singular or plural, as the context requires. GRANTEE, by acceptance of this easement agrees for itself, its successors and assigns, to in no way interfere with the right of ingress or egress of GRANTOR, or any other party requiring access to the properties over which this easement is granted or to any properties abutting the properties encumbered by this easement. GRANTEE, agrees that it will, to the extent reasonable and possible under the circumstances, use reasonable care within the properties encumbered by this easement. GRANTOR agrees for itself, its successors and assigns that within all of the properties subject to this easement it will be responsible for the cost of any and all repairs, replacements, maintenance or restoration of improvements and landscaping except sodding, which repair and replacement required by GRANTEE'S activities shall be the responsibility of the GRANTEE. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. k:legaZ'ffon'r~om3 7 u 15 WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partnership BY:~schmoyer nior Vice President OR: 2339 PG: 2258 I6E1 MARBELLA AT PELICAN BAY, INC., aBy:~Florida corlx~ratio~ STATE OF FLORIDA COUNTY OF COLI..IER The foregoing Utility Easement was sworn and subscribed to (or affirmed) before me by Jerry Il. Sel'u'noyer, Senior Vice President of WCI Communities Limited Partnership, a Delaware limitsxl partnership, on behalf of the parmemhip. He is personally known to me. WITNESS my hand and official seal this ~ day of _.~7'.0 L4' , 1997. Laurel Y. Sitterly My Commission Expires: ~..:.. ...... STATE OF FLORIDA COUNTY OF COLLIER [ '::... ,... . The foregoing Utility Easement was sworn and subscribed to (or affirmed) before me by George R. Page, President of Marbella at Pelican Bay, Inc., on behalf of the corporation. He is personally known to me. WITNESS my hand and official seal this _~ day of ,~, Laurel Y. Sitterly My Commission Expires: OR: 2339 PG: 2259 1 6El N SEE SHEET 2 OF 2. SK E T O t OF P E L I C A__~I [~ A Y .S~_C_~..$__OI.VI_~I..Q_N.~~E._E_A_~EEL~_N.Z N__~ TU_L~ SUR&'E_Y 55 5 IO'32'548'/ 537 o~AST~RL¥ t ~.' pARC£L PELICAN BA ~ ~ SERWCES OtwS~cw i;: N~ERLY LINE ~.. OF PARCEL "C" ~ ~ ~ ....... ~ :.: :-. ~ ~ PBIODE / " BEARINGS ARE BASED ON ~E N~ERLY LINE OF PAR~L "C' BEING NOR~ 79'27'02' EAST AS 5HO~ ON ~E PLAT OF PE~CAN BA~ UNIT AS RECORDED IN PLAT BOOK 18. PAGES 5 ~R~GH 15, PUBLIC RECTOS, C~LIER C~N~, -- ~ EA~ENr PREPARED BY: P.B.I.D.D.E. P~tCAN BAY IMPRO~MEtI~DISmI~T DRX DRA~ BY:~ OAlE: NOV. 7. 1996 CHECKED BY: ~A PRO,CT NO.: ...!iii3 RUNDACE.,.~mmmmIm REVISION: D~EET 1 OF 2 ¢.,.~.~,...' ,...........~ u .,, ..4. ~**, ,.,, ~,¢,.~.,... FILE NO: 5837 ACAD NO: __51137-SD EXHIBIT OR: 2339 PG: 2260 *** 16£1 p~SCRIPTtON OF P[.LICAN BAY $CRVICES DIVIS!©N ~',NAOf A L~i~AINAGE EASEMENT OVER, UN[)ER AND AL'F'02;S ALL TIfA f PART OF PARCEL "C" ,tCCORD~NG TO THE PLA T QF PELICAN [~AY UNIT FIT LEEr.I, AS RECORDED PLAT BOOt( IS, PAGES 5 [H~OLI~JH 13, PUBLIC RECORDS ~2F COLLIER COUNTY, FLORIDA BEINC LIORE PARTICULARLY DESCRIBE[j AS FOLLOWS: COMMENCING AT THE NQRTHEASTERLY CORNER OF SAID PARCEL "C" OF SAID PLAT: THENCE SOUTH 10'~2'58" EAST ALONG Tile EASTERL? LINE QF SAID PARCEL "C" A DISTANCE OF ~19.55 FEET D) ltlf: POINT OF BEGINNING QF IHE Di~AINAG[ EASEMENT HEREIN BEING [~ESr:f~IULL); THENCE CONTINUE SOUTH 10'32'58" EAST ALQNG ~]~ID EASZERLY LINE QF SAID PARCEL "C" A D~STANCE OF 55.7~ FEEF; THENCE LEAVlNG 5AID EASTERLY LINE QF SAID PARCEL "C" SQU[H 34'27'02" ~ST 1~0.67 FEE[: THENCE SOUTF~ 82'03'54" WEST 307.56 FEET TO AN INTERSECTION ~[H AN EASTERLY LINE OF A PELICAN BAY IMPROVEMEN Y DIS TRICT DRAINAG~ EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 790, PAGES 181~ .. 181~. PUBLIC, RECORDS OF COLLIER COUNTY, FLORIDA: THENCE NORTH 00'~5'01" WEST ALONG SAID EASIERLY LINE A DISTANCE OF 20.17 FEET; THENCE LEA~NG SAID EASTERLY LINE OF SAI[~ LANDS NORTH 82'03'54" EAST 361.79 FEET: THENCE NORTH 5,1'27'02" EAST 176.28 FEET ~0 THE POINT OF BEGINNING OF IHE DRAINAGE EASSMENT tIE~EIN DESCRIBED; CONTAINING I~,~25.5,1 SOUARE FEET OF LAND ~.~ORE OR LESS; SUBdECT TO EASEMENTS AND RESZRICFlONS OF RECORD. PREPARED BY: ORA~ BY: ZYJAN DATE: HOV. 7. 1996 ~ ~-m ,~- ~...- ,.-.~ ,,~ ~ ...,~ ~ -,- ~.,,.--,,,, CHECKED 8Y~ PRO. CT NO.: 7150 ~ - ..~-.- .~ ~ .,~.~ = ~, ,,. ~,.~.-m, SitEET 2 OF 2 FILE N~ 5837 ACAD NO: 5857-SD EXHIBIT 16£1 N KNOW ALL MEN BY THESE PRESENTS: STARWOOD MEZZANINE INVESTORS. LP., a Dclaware limited partnership, the o;~uer and holder of that certain Mortgage, Assignment of Leases and Rents and Securit~ Agmouc~t, recorded in Officia~ Records Book 2309, Page 2848, of the Public Records of Collier County, Florida (thc 'Mor4;agc,,), which Mortgagc com~tu~ a lien upon the real property described in the within and foregoing Drainage Easenx:nt, hereby conscm~ to Marbella al Pelican Bay, Inc. executing thc ~thin and foregoing Drainage ~t ("Ea'~mcnt") in favor of Pelican Bay Scrvic~ Division of Collier County in regard to the imx,Mlafion and mahn~ of drainage facilifica, including the neccasao, fights for ingr~s and ogre, ar,,d agreca that thc lira and cncumbranc¢ of thc Mortgage shall b¢ subordinate to the Easemcnt and that the Easement shall survive an),, foreclosure of the Mortga~ or deed in lieu thereof. Daled this.~ dayof ~ ~ 1997. Witncssca: By: Sta~aoc[ Capital Group I, L.P. By: BBS Capital Pa.rme~ I, L.P. Print Name STATE OF FLORIDA COUNTY OF ~COLLIER The foregoing iastrument was acknowledged before mc this Pr~ident of Stemlicht Holdings II, Inc., a Delaware Capital Partners I, L.P., a - Capital Group I, LP., a Mezzanine Investors, L.P., a He is personally kno~u to me. (SEAL) Y~ S ~/icht HoldL'ags II, Inc. [ J~ St~ President 2216818 OR: 2339 PG: 2262 *** RICORI)ID iO O~'HClAI, RICORD$ of rOl, l, II! COUIITT, 08/1~/~7 at; 10:28M D¥I(;B! I. BROC[, CilRI RIC ?11 Xetn: c0PI16 1.00 INTIR0~HCl ?TH ~LOOR II? 72&0 __ day of May, 1997 by Jay Su~ ~ _ c~rpo~ ~ Gm¢~ P~r of BBS Delaware Im~ito:l p~ersh/p, ~ Crmcr~fl Pm-l~or of St~vcod Delaware ~h~/tod p~xtnc~-~hip, ~ C~0~ ?~¢r of Smro:l DeIam lirrd~ p~mh/p, m beJ~alf of d~ cxxpo~m ~ ~ Pm~ip~, _CONSENT *** 2216817 OR: 2339 PG: 2261 *** ~I¢~ROIO ~ 0~HCIAL RICO~DS of COLHIR COUI?L 0B/1~/97 a: !0:28AM D¥IGffT !. BROCK, CLBR[ RlC ~l! 6,00 COPIIS 1.00 Recn: c .K ,0,. BO,gO 1 £ 1 N KNOW ALL MEN BY THESE PRESENTS: THE FIRST NATIONAL BANK OF BOSTON, a national banking association, as Agent, thc mmcr and holder of that certain Consolidated, Amended and Restated Mortgage and Sccuhty Agrcemcnt recorded in Official Records Book 2288, Page 0060, of the Public Records of Collier Count).,, Florida, (the "Mortgage") ~Nch Mortgage con-mt'utes a lien upon thc real property described in thc mthin and foregoing Drainage E,~mx.mt hereby cements to WCI Communities Lira/ted Partnership executing the w/thin and foregoing Drainage Eascmmt CEascment") in favor of Pelican Bay Services Division of Collier County in regard to thc installation and mmntenance of drainage fMaCoili agrees that the lien and encumbrance ofthe urtgage stm/l be subordbmte to the ~t and that IN: Easement sha/l surv/ve an.,,, foreclosure ofthe Mortgage or deed in lieu thcmo£ Dated this [ _ da.,,, of. /72//v _, 1997. / Witnesses: Print Name Signature Print Name THE FIRST NATIONAL BANK OF BOSTON, as Agent Its: 1/, STATE OF GEORGIA COUNTY OF FULTON ~ '. ~ '- " Thc forcso~ ,instrument was acknowledged beton: me this /~ldav nC ~"~: "'/ , 1996, bv · ''" ' -'"" , a Vice President of The First Natio'-"~ l~k-~f Boston, 'a nati~ml bankin~ association, who is personally known to me. , /... OFFICIAL NOTARY SEAL (SEAL) Cheryl Geoflrion Notary Pubhc Slate of Georgia My Commission Exp. April 30, 2000 crm.~'nl.col "" / '' ' ,( · , Notary Public Print Name: t. . My Comm:ss~on Expires: ,! o 16E FIRST AMENDMENT TO AMENDED AND RESTATED TOURISM GRANT PROGRAM ADVERTISING AND PROMOTION AGREEMENT lP ,ff]~HIS~FIRST AMENDMENT TO AGREEMENT, is made and entered into this /~g day ot{~..c.~ , 1997, by and between Marco Island Area Chamber of Commerce, Inc., hereinafter-- rrrefe cd to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the GRANTEE and the COUNTY entered into a 1997 Tourism Grant Program Agreement for Advertising dated January 7, 1997 (the "Tourism Agreement") in the amount of $948,896.00; and WHEREAS, the County and GRANTEE desire to approve expenses incurred prior to the effective date of the Tourism Agreement; and WHEREAS, the sum of $46,752.51 which was budgeted under this Tourism Agreement was paid under another agreement, and the parties desire to reduce the maximum payment under the Tourism Agreement; and WHEREAS, the GRANTEE and the COUNTY desire to amend the Tourism Agreement to reflect the requested changes. WITNESSETH: NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Section three of the Tourism Agreement shall be deleted in its entirety and the following language inserted in its place: The maximum payment under this Agreement shall be $902.143,4~. The GRANTEE shall be paid for expenditures incurred for the project(s)/activity(ies) upon submittal o£ an invoice. Payment shall occur in accordance with the Prompt Payment Act. However, the COUNTY shall be under no obligation whatsoever to make payments for goods or 16E 1P services in excess of, or not included in the PROPOSAL or lo make payments using any source of funding other than the Tourist Development Tax. Any payment made by the GRANTEE which is 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 an ineligible expenditure shall be repaid to the COUNTY within 30 days of written notice to GRANTEE 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 the GRANTEE prior to the effective date of the Agreement, Notwithstanding the foregoing, the amount allocated for the 1997 Budget in the amount of $409,372.00 shall not be eligible for payment until submittal of' the 1996 audit and acceptance of the audit by the County's Clerk. 2. Exhibit "A" to the Tourism Agreement shall be deleted in its entirety and replaced with the new Exhibit 'A" attached to this amendment. 3. Except as set forth herein, all ofthe terms and provisions of the Tourism Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an guthofized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: DWIGHT E. BROCK,,Clerk BOARD OF COUNTY COMMISSIONERS COLLIE. R~COUNTY, FLORIDA. By:~ M V'/IZ' fl NCO- ¢'K, WITNESSES: GRANTEE Marco Island Area Chamber of Commerce, Inc. Approved as to form and legal sufficiency Assistant County Attorney (corporate seal) E :/ew/1997 TDC A$~ementdl · amendmen! 1997 Marco Island Chamber of Commerce Administrative Advertising Public Relations Total EXHIBIT "A" ! 997 TOTAL PROGRAM BUDGET 16E $157,704.98 707,473.40 36,965. I 1 If> f.':lewl1997 TDC A~'mantW, ' amendment 199'/Marco Island Chamber of Comm~ce *** 2208563 OR: 2333 PG: 1842 *' uC FII $.01 tea: 16G1' SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BCARD OF COMMISSIONERS, is the owner and holder of a certain lien against: WILLIAM MICHAEL GIFFIN CASE NUMBER: 81-2196-TM for services of the Public Defender, bearing'the date of the 11th day of January, 1982, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 951, page 952. The' B~a~d of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit CourJ: cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~-~-- day of ~ ATTEST: Approved as to form legal sufficiency AssXstant County Attorney , 1997. BOARD OF COUNTY COMMISSIONERS Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THR PUBLIC DEF]~NDER *** 2208564 OR: 2333 PG: 1813 *** UC lrll I.O0 161 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY~ FLORIDA, ~hrough its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: WILLIAM MICHAEL GIFFIN CASE NUMBER: 81-2196-TM for services of the Public Defender, bearing'the date of the 1st day of March, 1982, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWELVE AND 50/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 959, page 558. The' B~a~d of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~,Z.- day of ATTEST. · Clerk of Circuit Court. , 1997. BOARD OF COUNTY COMMISSIONERS L..a.cock Chairman Approved as to form legal sufficiency Assistant County Attorney PREPARED BYt CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2208565 OR: 2333 PG: 1844 ILICOIDID ia OlIIClM, IICOIDS O! COLLIII C~ITT, WI241W at 12:22H! DVI(IFr I. BLOC[, CtlltI IIC FII 1.00 C. ASHIIIt 1 sATISFACTION OF LIEN SERVICES OF TEE PUBLIC DEFENDER ~3211:' FOR CLERK'S USE ONLY '& ;.:OW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through ' ts BOARD OF COMMISSIONERS, is the owner and holder of a certain lien ,.3ainst: WILLIAM GIFFIN :~×ecuted in its name by its Chairman. Executed this F_~-~ day of ~ ATTEST: c~kk o.f Ciroui~ Court CASE NUMBER: 82-19-MMA for services of the Public Defender, bearing'the date of the 1st day cf March, 1982, recorded in office of the Clerk of the Circuit Cour~ of collier County, Florida, securing the principal sum of ****THIRTY SEVEN AND 50/100***********DOLLARS, ,~nder Final Judgement and Order recorded in Official Record book 959, ~age 547. Th~ B~a~d of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. iN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Timothy b. Hancock Chairman .'.pproved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208566 OR: 2333 PG: 1845 *** le~: 16G 1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW l'~L MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: ROSA DELGADO CASE NUMBER= 83-61-CFA for services of the Public Defender, bearing'the date of the 15th day of August, 1983, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWO HUNDRED EIGHTY SEVEN AND 50/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 1035, page 431. Th~ ffoird of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~z-- day of /~_ ATTEST: %~erk of CircWu]~t Court , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman Approved as to form legal, sufficiency Aslistant County Attorney PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208567 OR: 2333 PG: 1846 IlCOP~ID ~n OffI~IIk IICOIDS of~LLIIIC~UITT, 0~12~1~? at 12:22~l Ol~ I. BlOC'X, HCfll Itt~: SATISFACTION OF LIEN FOR SERVICES OF TH~ PUBLIC DEFENDER 16G I FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: ROSA DELGADO CASE NUMBER= 83-61-CFA for services of the Public Defender, bearing'the date of the 2nd day of July, 1985, recorded in office of the Clerk of the Circuit Cour~ of Collier County, Florida, securing the principal sum of ****TWELVE AND 50/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 1143, page 1340. Th~B%a?d of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~ z~ ATTEST: ~lerk of Clrcuit Court day of , 1997. BOARD OF COUNTY COMMISSIONERS CO~R COUNTY, FLORIDA BY: Timothy ~.. Hancock Chairman Approved as ~o fo~m legal sufficiency PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2208568 OR: 2333 PG: 1847 *** UCOIDID t! O~IClAL IlCOIDS of COLLIII COUF~', ~ ~C ~ I.OO I I I I I I o.22n3o I ~ J FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien agains=: TOMAS SANCHEZ (2-12-44) CASE NUMBER= 97-105-CFA for services of the Public Defender, bearing'the date of the 29th day of April, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2313, page 2662. ThE ~o~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~z_. day of ~ ATTEST: ' ~lerk of Ciz'Cuft Court , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman Approved as to form legal sufficiency AsSistant ~oun~y Attorney PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 3410X-3044 *** 2208569 OR: 2333 PG: 1848 *** LICOIDID ql~ OffiCiAL IICOIDS O( COLtZII CouIrTT, FL 07/2U~7 at 12:22Pll DIrIG~T I, BIOCE, C~ltl I]¢ 13l I.II letn: CASH~It I t 166 1' I ~ATXSFACTION OF LIEN FO~ SERVICES OF TH~ PUBLIC DEFENDER I I ~4~uo I FOR C~ER;'S USE O~Y its ~D OF CO~ISSIONERS, is the o~er And holder of a ce~ain Xlen aga[nst~ BENITO RUIZ (9-9-70 CASE NUMBER= 95-8392-MMA for services of the Public Defender, bearing'the date of the 4th day of December, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2263, page 1299. Th6 B5a~d of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. · ATTEST .- IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Kxec~ted this Z.z__ day of ~z--' , 1997. - / BOARD OF COUNTY COMMISSIONERS '~.Clerk of Circuit Court Approved as to form legal suffi.ci, ency BY~ Timothy L. Hancock Chairman PREPARED BY= CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208570 OR: 2333 PG: 1849 *** UC ~l lely: SATISF~TION OF LIEN FOR SERVICES OF TH~ PUBLIC DEFENDER 16G 1' KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: JESUS RODRIGUEZ MENA (7-29-77) FOR CLERK'S USE ONLY CASE NUMBER: 96-733-CFA for services of the Public Defender, bearing'the date of the 3rd day of July, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWO HUNDRED TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2205, page 937. Th~ lo,rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed' this ~ day of ' ~Ylerk of Circuit Court , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Ti~oth ·Hancoc Chairman Approved as to ~orm legal sufficiency Adsistant County Attorney PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208571 OR: 2333 PG: 1850 *** 07/2&/97 &t 12:22PR DWIGF~ lo BI0Ci, CZ, lit RIC~ll S.00 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 16G 1" KNOH ALL HEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a cer'cain lien against: HELINDA N RICHARDSON (9-3-81) FOR CLERK'S USE ONLY CASE NUMBER: 96-10054-MMA for services of the Public Defender, bearing' the date of the 24th day of April, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2312, page 3163. The B~ard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. ZN WZTNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ATTEST:. ... day of , 1997. BOARD OF COUNTY COHMISSIONERS COj~R COUNTY, FLORIDA BY: Ti~nothy L. Hancock Chairman Approved 'as to form legal sufficiency A~sistant County Attorney PREPARED BY= CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF nIEN FOR SERVICES OF THE PUBLIC DEFENDER 10-32111~ *** 2208572 OR: 2333 PG: 1851 *** O?/l(/~? at 1Z:22~! ~I~ I. JlOC[, ~!1 UC ~1 I.O0 let~: 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its Ba%RD OF COMMISSIONERS, is the owner and holder of a certain lien against: CELEDINA FLORES REYNA (1-9-55) CASE NUMBER: 96-1051-CFA for services of the Public Defender, bearing'the date of the 18th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2301, page 3888. Th~ B~a'rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. Executed this ATTEST: ~l~rk of Circuit Court IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. day of ~..O_~~ , 1997. BOARD OF COUNTY COMMISSIONERS CQL~R..~UI~J ,. F.~.,OR T D3 BY: Timothy L. Hancock Chairman Approved as to form PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208573 OR: 2333 PG: 1852 *** Ittn: SATISFACTION OF LIEN FOR SERVICES OF T~]~ PUBLIC DEFENDER 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: BRYAN JOSEPH TOMPKINS (10-6-74) CASE NUMBER= 97-1761-HMA for services of the Public Defender, bearingthe date of the 25th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2305, page 728. The ~o~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ATTEST: , 1997. BOARD OF COUNTY COMMISSIONERS IER COUNTY, FLORIDA Chairman Approved as to form legal .sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF TH~ PUBLIC DEFENDER 10,.321110 *** 2208574 OR: 2333 PG: 1853 *** 16G I FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: IGNACIO MORALES (2-1-67) CASE NUMBER: 96-7622-MMA for services of the Public Defender, bearing' the date of the 16th day of December, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2268, page 925. Th~ ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of r. ien be executed in its name by its Chairman. Executed this ~Z- day of ~.~_~./~_ , 1997. ATTEST: ~~ BOARD OF COUNTY COMMISSIONERS BY: Timothy L. Hancock Chairman Approved as to form legal sufficiency Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208575 OR: 2333 PG: 1854 *** EICO~II) in O~ICI~L IICOID$ of COLLIil Ci~ll~, ~I. I1¢ Tll &.lO letn: CASHIIJl SATISFA~'~fION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ KENNETH GEORGE RUSSELL (3-31-66} CASE NUMBER: 97-437-MMA for services of the Public Defender, bearing' the date of the 16th day of April, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2307, page 3130. Th~ ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~ day of ATTEST: Cl~rk of Circuit Court 0_.~/~- ., X997. BOARD OF COUNTY COMMISSIONERS CO~/~ER COUNTY, FLORIDA Chairman Approved as to form Xegal sufficiency Assistant Count'y Attorney PREPARED BY= CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF TEE PUBLIC DEFENDER 2208516 OR: 2333 ?G: 1855 ** l~12tl~l at t2:22~ 9~ 1. BIOC[, ~H UC ~1 i.OQ 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: DAVID JOHN BEDFORD (12-1-64) CASE NUMBER: 96-129-CFA for services of the Public Defender, bearing'the date of the 25th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2313, page 2653. Th~ ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this 2. z_---day of ~ , 1997. ~" ~BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA ~,l~rk of Circuit'Court Chairman Approved as to form legal sufficiency ~Ssistant Count~ Atto y pREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208577 OR: 2333 PG: 1856 *** UCOII)ID tn O~HClAI, IICOI~$ of COL[III CO~'~, 09/2t1~7 ~t 12:22711 DII~ I. HOCl, tlc ~1 &.O0 CA$IlI! 16G I ~ATISFACTION OF LIEN FOR S~RVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY I~IlI0 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: DAVID ALLEN SHARP AKA DAVID SHARP (5-8-75) CASE NUMBER: 96-8652-MMA for services of the Public Defender, bearing· the date of the 5th day of February, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****ONE HUNDRED AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2283, page 2229. Th~ '~°ard of county commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed ~his __~z_-- day of ~ _, 1997. 'ATT~ST~ RD OF COUNTY COMMISSIONERS iDA : C~ UNTY F RI /~--'~'~ BY= T.~.mot y L. Hancoc (~l~k--of CirCuit Court Chairman Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208578 0P,: 2333 PG: 1857 *** UC Ifil tern: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 310.321110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against= ERNESTO FUENTES BALDERAMA (11-16-72) CASE NUMBER: g6-10326-MMA for services of the Public Defender, bearing'the date of the 6th day of January, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2272, page 336. Th~ ~o~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed.. this tm=___day of ATTEST: x, ____, 1997. BOARD OF COUNTY COMMISSIONERS Chairman Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2208579 OR: 2333 PG: 1858 *** IICODI~ in O~I~IA~, !1¢011)~ o[ COtLIII 0U2U~? at 12:22~'K DIIGZ~ I. ll0¢l, el,IH tlc ~1 leU2: 16G 1 cao FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: MARVIN COWDREY AKA MARVIN EDGAR COWDREY (1-8-37) CASE NUMBER: 96-749-MMA for services of the Public Defender, bearing' the date of the 19th day of November, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2254, page 788. ThE B~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this __~day of /~--~~L----' 1997. ATTEST:~(~BOARDOF COUNTY COMMISSIONERS ~~6~-F~ BY: ~-6~y L. Hancoc--~ Chairman Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208580 OR: 2333 PG: 1859 *** II¢OIDID in 01~I¢I~ IlCOIID$ o! COLLIIIC~ITT, ~ 07/2tl!? at il:22PI P~TI;~ I. IIOCI, CLIII tic ffl t. OO SATISFACTION OF LI~N FOR SERVICES OF THE PUBLIC DEFENDER 16G 1 FOR CLERK' S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: JASON SCOTT NIXON (2-27-73) CASE NUMBER= 96-10501-MMA for services of the Public Defender, bearing'the date of the 10th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2311, page 1780. Th~ ~o~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ATTEST= Couf day of ~ __, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208581 OR: 2333 PG: 1860 *** letn: SATISFACTION OF LIEN FOR SERVICRS OF THE PUBLIC DEFENDER O321110 FOR CLERK' S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against= CAROLYN MARIE RINALDI (9-6-62) CASE NUMBER: 96-10358-MMA for services of the Public Defender, bearing'the date of the llth day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2311, page 1779. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed'this ~z_ day of ~ ATTEST: Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208582 OR: 2333 PG: 1861 *** II~I~]D 1~ OIHCIAt liCOI~I o! COLtI]I CO~, 1~ le~: !6G 1 SATISFACTION OF LIEN FOR S~qIVIC~S OF TH~ PUBLIC DEFENDER ~0421110 FOR CLERK'S USE ONLY ~NOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: TOMMY EUGENE GRINDSTAFF (5-21-55} CASE NUMBER: 96-10315-MMA for services of the Public Defender, bearing'the date of the 27th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2313, page 2654. Th~ ~o~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ATTEST: Court Approved as to form day of ~ __, 1997. BOARD OF COUNTY COMMISSIONERS BY: F~--'6't~y L. ~ Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208583 OR: 2333 PG: 1862 *** IIC~IDII) in O~ICIAT. IICOID~ o! COLLIil CO01TT. IIC ~II 16G ~TISFA~ION OF LIEN HR SERVICES OF T~ P~LIC DEFENDER ~~0 FOR C=~'S USE O~Y ~ ALL MEN BY THESE PRESENTS that COLLIER COUNTY, F~RIDA, Grough ~OW its B¢~D OF CO~ISSIONERS, is the o~er and holder of a ce~ain lien againstz CYNTHIA BUCKNER AKA C~THIA G BUCKNER (9-24-66) ~SE NUMBER: 96-7487-MMA for se~ices of the Public Defender, bearing'We date of We 8W ~y of November, 1996, recorded in office of We Clerk of Ge Cir~it Cou~ of Collier County, Florida, securing the principal s~ of m***FIFTY ~D 00/100***********DOLORS, under Final Judgement and Order recorded in Official Record book 2251, page 1318. Th~ ~ard of County Co~issioners of Collier County hereby acknowledges full pa~ent and satisfaction of said lien, hereby surrenders the as canceled, and hereby directs that Ge Clerk of said Cir~it Cou~ cancel Wis lien of record. IN WITNESS WHEREOF, The Board of County Co~issioners of Collier County, Florida, hereby directs that Gis Satisfaction of Lien be executed in its n~e by its Chai~an. Executed this ~-- day of ~ __, 1997. ATTEST: ~(~ BO~D OF CO~TY COMMIS$IO~RS Chairman Approved as to fo~ legal sufficiency PREPPED BY: C~RK OF THE CIRCUIT CO~T P.O. BOX 413044 NAPLES, F~RIDA 34101-3044 *** 2208584 OR: 2333 PG: 1863 *** UCORDID in O~PIClAL llCOIO$ of COLLIll COI~TT, FL IICI'Il i. OI teen: SATISFACTION OF LIEN FOR SERVICES OF TH~ PUBLIC DEFENDER Executed this ATTEST: FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against= LORI BOYD (3-13-62) CASE NUMBER: 96-Z103-CFA for services of the Public Defender, bearing' the date of the 18th day of December, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****ONE HUNDRED NINETY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2268 page 872. · The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. ~z_- day of ~~_______, 1997. BOAR_~OF COUNTY COMMISSIONERS Approved as to form ~torney BY: T~---~y L. Hanco---~ Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208585 OR: 2333 PG: 1864 *** II~IDI~ Il oFlrlCLIJ, IlCOIDS o! COLLIII COUITI, FL lie FII t. O0 tern: CASIIIll SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 10'321110 FOR CLERK'S USE ONLY KNOW ALL HEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS is the owner and holder of a certain lien against= ' MICHAEL BRISSOM AKA GARY ALLAN EVANS (1-11-58) CASE NUMBER~ 96-10018-MMA for services of the Public Defender, bearing' the date of the 19th day of February, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2288, page 847. Th~ ~o~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~ ~_ ATTEST: C erk o Circuit Court Approved as to form day of ~__~~______, 1997. BOARD OF COUNTY COMMISSIONERS CO/J~R COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208586 OR: 2333 PG: 1865 *** RICOIDD in O~I¢I~L tlCO~S of COLLlll COUITT, o?/24/s? at 12:22PN D~ I. BI0CI, CLIH tiC l r il i.OO teL~: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ,10.321110 16G FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ DENNIS RICHARD SMITH (10-27-56) CASE NUMBER: 96-1840-CFA for services of the Public Defender, bearing' the date of the 17th day of December, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2268, page 939. Th~ ~o~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. t IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ____&lz_ ATTEST: cLer~ o£ Circult Court day of ~__~~, 1997. BOARD OF COUNTY COMMISSIONERS COLL_~R COUNTY, FLORIDA Chairman Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208587 OR: 2333 PG: 1866 *** 07/24/17 it 12:22Pl DII~'Ff I. BIOCI, CI, IIE te~n: 16G I SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER }..321110 FOR CLERK'S USE ONLY ~KNOW ~LL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through ' its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: TOMAS SOLIZ JR (1-13-77) CASE NUMBER: 96-7327-MMA for services of the Public Defender, bearing'the date of the 16th day of December, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2268, page 926. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this __~_~_ AT~EST: Clerk of Circuit ~-~ day of ~ __, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: T--I-~-~-~y L. Hancoc~ Chairman Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208588 OR: 2333 PG: 1867 *** SATISFACTION OF LIEN FOR S1~RVICES OF TH~ PUBLIC DRFENDER 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against= THOMAS JOSEPH LIBERMAN (3-23-62) CASE NUMBER: 95-2303-CFA for services of the Public Defender, bearing' the date of the 13th day of August, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2222, page 746. Th6B%~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ATTE ST: day of ~, 1997. o F COUNTY COMMISSIONERS C~$R C UNTY, FLORIDA BY: T--~y L. Hancoc~ Chairman Approved as to' form leg. al sufficiency SSlS ant oun y ttorney PREPARED B¥~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208589 OR: 2333 PG: 1868 *** 07/2J/S7 at. 12:22~H Dr~ I. BROW, SATISFACTION OF r. INN FOR SERVICES OF THE PUBLIC DEFENDER 10-321110 I f I I I I I I I 16G 1, f FOR CLERK'S USE ONLY KNOW ALL MEN BY TBESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ WILLY ALEXANDRE (10-23-76) CASE NUMBER= 97-1808-HRA for services of the Public Defender, bearing' the date of the 25th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS' under Final Judgement and Order recorded in Official Record book 2302, page 269. Th~o~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Execute~'this -____~day of ~, 1997. ATTEST ~ BOARD OF COUNTY COMMisSiONERS CO~J~ COUNTY, FLORIDA BY= T ot y L. Hancoc Chairman Approved as to form legal sufficiency PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2208590 OR: 2333 PG: 1869 *** 07/2l/~? it 12:1~ D[IGFr 1. ]lOCI, UC~I 1.00 leto: 16G 1 :~*~ ' FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS is the owner and holder of a certain lien againsu: ' JESUS REYES BENITEZ AKA JESUS BENITEZ (7-26-48} CASE NUMBER: 96-5148-MMA for services of the Public Defender, bearing' the date of the 8th day of July , 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2205, page 501. The' B6a~d of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this _____~__A.__day of ~~_~, 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS C er o Clrcu!t' Court Approved as to form legal sufficiency COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208591 OR: 2333 PG: 1870 *** llCOltDID in OFFICIAL Itl~OiDS of COLLIII CO~I~, FL le~: ~SHIIR 1' SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BO%RD OF COMMISSIONERS, is the owner and holder of a certain lien against: STEPHEN JOSH COFFMAN (9-24-72) CASE NUMBER: 96-1993-CFA for services of the Public Defender, bearing'the date of the 9th day of December , 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWO HUNDRED FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2263, page 966. The' B~a~d of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~ day of ~~~_~, 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS Clerk o Circuit Court Approved as 'to form legal suffici, ehcy. Assistant~ ~ COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2208592 OR: 2333 PS: 1871 UCOII)I~ Ill O~ICI~ UCOIDS o~ COIIII! UC ~1 ~e~: 16G 1 SATISFAC IOH LIEH FOR SERVICES OF TH~ PUBLIC D~FEND~R ~G FOR CLERK'S US~ ONLY ~NO~ A~L HEN BY THESE PRESENTS khaC COLLIER CO~TY~ F~R~DA~ khrough ~s BO~D OF CO~SS~O~RS, Ss ~he o~er and holder of a ce~ain lien against: ~ SOSA A~ ~VIER ~OS (6-24-76) ~SE N~BER: 96-10032-~ for se~ices of the Public Defender, bearing'the date of the 27th day of Dece~er, ~996, recorded ~n off~ce of ~e Clerk of the C~rcuXt Cou~ of Collier County, Florida, securing the principal s~ of ****~NTY FIVE ~D 00/100***********DOL~S, under Final Judgement and Order recorded in Off~cial Record book 2268, page 897. The' B~ard of County Co~iss~oners of Collier County hereby ac~owledges full pa~ent and satisfaction of said l~en, hereby surrenders Che s~e as canceled, and hereby directs that ~e Clerk of sa~d Circuit Cou~ cancel ~is lien of record. IN WITNESS WHEREOF, The Board of County Co~iss~oners of CollXer County, Florida, hereby directs Chat th~s Satisfaction of L~en be executed in its n~e by its Chai~an. Executed this ATTEST: C er o Circuit Court Approved as to form legal sufficiency ~Attorney day of ~~___~, 1997. BOARD OF COUNTY COMMISSIONERS CO~ ~]NTY& FLORIDA BY: T~mo y L. Uancoc Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208593 OR: 2333 PG: 1872 Re~a: ClSHIKR SATISFACTION OF LIEN FOR SRRVICI~S OF THE PUBLIC DEFENDER 16G 1 FOR CLERK'S USE ONLY KNOW ALL HEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien agains¢~ CAROLYN JOAN KOENIG AKA CAROLY ANGELA SINGa (2-9-57) CASE NUMBER: 97-1424-MMA for services of the Public Defender, bearing the date of the 24TH day of MARCH, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2313, The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~-- .day of ATTEST~ Approve~! as to form legal sufficiency '~F 1997. COUNTY COMMISSIONERS CP.~.~,ER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR S]~RVICIBS OF TI~ PUBLIC DEFENDER *** 2208594 OR: 2333 PG: 1873 *** [/¢0~ID il 0?~IC~AL IIC01~S of C0LLISl ~, ~L UC ~1 t. O0 Je~: 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS is the owner and holder of a certain lien against: ' JOSEPH LEE HENKE (12-14-70) CASE NUMBER: 96-5586-MMA for services of the Public Defender, bearing'the date of ~he 20th day of February, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2291 page 2169. , Th~ ~o~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~-~. day of ATTEST: C er o Czrcuzt Court Approve~ as to form legal sufficiency As~.stant ~ ~ ---B __, 1997. OARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2208595 OR: 2333 PG: 1874 *** tlC0~lO in OFFICIAL tlCOlO$ of COLLIIlC0~ITY, FL 07/ZUS7 at 12:22PH bfI(;~l* I, BqOCl, CLIH lttn: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 0.321110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: FRANCISCO CASTILLO (10-6-68) CASE NUMBER= 96-10201-MMA for services of the Public Defender, bearing' the date of the 13th day of February, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2286, page 876. Th6 B%~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~ Z~ ATTE ST: · :¢;.~.'~.......... ....' '.~. .......... C er o C~rcu~t Cour= day of Approved as to form F1997. COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208596 OR: 2333 PG: 1875 *** ILIC01OID ia O~HCIA&RIC010$ ofC O~ZlIC~I~ITT, O?/2i/l? at 1~:22~ DTIG~T I. HO:l, leta: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 168 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: ROLANDOBUSTOSGUTTIERREZ ..' (1-8-66} CASE NUMBER: 96-2359-CFA for services of the Public Defender, bearing'the date of the 18TH day of MARCH, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2301, page 3889. Th~ B~a~d of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~---- day of Approved as to form A sz~tant ~o nty-Attorney BODOF1997. COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~y r.. aancoc'~ Chairman PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208597 OR: 2333 ?G: 1876 *** UC ~i i. O0 ~e~: 16G I SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ~ I_ FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: VIRGINIA ANDREA HANDO AKA VIRGINIA BROOKS (3-30-70) CASE NUMBER: 96-677~ for services of the Public Defender, bearing'the date of the 21st day of November, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS' under Final Judgement and Order recorded in Official Record book 2257, page 1665. The' Bbakd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ____~=__~day of ~-~F 1997. ATTEST: COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ -- O Circlet'Court ~ Chairman Approved as to form legal sufficiency. PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2208598 OR: 2333 PG: 1877 *** RIC01~ID il 0~I¢IAL 11¢01~$ of C0LLII! ~0~1~7, ~ IIC ~1! Re~: 16G 1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ~ld~30 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: JEFFERY STUART FULTS AKA JEFFERY FULTS (6-21-68) CASE NUMBER: 96-9697-MMA for services of the Public Defender, bearing' the date of the 22nd day of January, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2278, page 618. Th6 B~ard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~-z__ day of ATTEST: Approved as to form ~orney , 1997. F COUNTY COMMISSIONERS ~y L. Hancoc'~' Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2208599 OR: 2333 ?G: 1878 *** UCOI~ID in 0~IIClA', U~OII~$ o! COLLIII C~urfY, ~L K: HI I,OO SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: KELLY DURARNS AKA KELLY J DUBARNS {11-18-76) CASE NUMBER: 96-9378-MMA for services of the Public Defender, bearing' the date of the 20th day of December, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2268, page 877. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. ATTEST: crer~ ot Clrcuit Court IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~2--- day of ~ , 1997. oF CO TY COMMISSIONERS co ,R gu Y, RIOA BY: T--~o~y L. Hanco--'6'~ Chairman Approved as to form PREPARED BY= CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208600 OR: 2333 PG: 1879 *** llCO~DIO in O~I~II~ UCOI~$ O~ ~IIl ~OU1T[, ~ ~1 i. O0 te~n: 168 1' SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ~0 FOR CLERK'S USE ONLY MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through KNOW ALL its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: ALFONSO SANCHEZ CHAVEZ AKA JESUS RAMIREZ (1-23-77) CASE NUMBER: 96-9376-MMA for services of the Public Defender, bearing' the date of the 28th day of January, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2278, page 631. Th~ B~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed4n its name by its Chairman. Executed'th~s ATTEST: Clerk of Circui~ ~ Approved as to form day of '~/~/" ., 1997. ~ / BOARD OF COUNTY COMMISSIONERS BY: Tlm--I~y L. Hancoc-~ Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208601 OR: 2333 PG: 1880 *** o?/2~/s7 a~ 12:22. m~ z. UlOC[, C. IH let. n: CASHXI! SATISFAC~IOH OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 16G FOR CLERK'S USE ONLY KNOW ALL HEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ WILLIAM RAY ALBERT (8-4-64) CASE NUMBER: 96-1136-CFA for services of the Public Defender, bearing'the date of the lSth day of October, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2246, page 1789. Th6 Bbard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. ATTEST: IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this _____A~____day of ..__,..~:~__. 1997. COUNTY COMMISSIONERS Chairman Approved as to form legal sufficiencT. ~ney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2208602 OR: 2333 PG: 1881 tlC(]ILDII) in O~ICll~, llCOIJ)$ o[ COI,/.I{! ~7/2{I}1 at t2:22l'}{ D{IGiIY I. flOCK, C[II[ IIC rll letn: C~$HIIR 16{3 1 ~ATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER " FOR CLERK'S USE ONLY MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through KNOW ALL its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: FIDEL GARCIA AKA FIDEL VARGAS GALICIA (7-16-72) CASE NUMBER: 97-3502-MMA for services of the Public Defender, bearing' the date of the 20th day of May, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2320, page 2560. Th~ ~oird of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~z-'~ day of /___~~__, 1997. ~' / BOARD OF COUNTY COMMISSIONERS ATTE ST: ~t Court C~R ~pUNTY, F].,ORIDA ~ Timothy ~. ~ Chairman Approved as to form PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2208603 OR: 2333 PG: 1882 *** llC0~ID in 0FFICI~ IIC0IDI o! COLLIII C01~ITY, FL UC ~1 t.00 le~n: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 10.321110 16G I FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: MARTIN CARDENAS (4-22-63) CASE NUNBER= 97-2596-MMA for services of the Public Defender, bearing'the date of the 21st day of May, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2320, page 2558. Th~ ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ATTEST: C er o Circuit Court Approved as to form ~legal sufficiency.~__~ day of~ / ~OARD O/~F 1997. COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208604 OR: 2333 ?G: 1883 *** IICOI~ID in O~rC~AL IICOIDS o[ COLL~II C013TY, FL te~: SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, ~hrough its BOZRD OF COMMISSIONERS, is the owner and holder of a certain lien against= DELMAR ADULFO LAPARRAAKA DELMAR LAPARA (12-2-59) CASE NUMBERs 96-9866-MMA for services of the Public Defender, bearing'the date of the 14th day of February, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2320, page 2444. The-BSa~d of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. Executed this __~ ATTEST= IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. ~. ~t Court day of ~~___~, 1997. -/ BO DOF COUNTY COMMISSIONERS C~iTJ.2Z. ER .~OUNTY, FLORIDA ~3~: ~-"'~"~y L. Hancoc~ Chairman Approved as to form legal sufficiency! ~orney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2208605 OR: 2333 PG: 1884 *** ItlC01U)ID lo OFHCIA~ IlCOID$ of COLLIII COUFH, FL 07/24/97 at 12:22PM D~G~ff I. BIt0CEo CLIIE U¢ ~rFJ i. O0 16G 1 '204~1110 . P~.~ FOR CLERK'S USE ONLY ~ KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through · its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: TOMMY EUGENE GRINDSTAFF (5-21-55) CASE NUMBERs 96-10315-MMA for services of the Public Defender, bearing' the date of the 27th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2318, page 1616. Th6 'B~a~d of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ____&Lz_- day of ~ _, 1997. ATTEST: ' BOARD OF COUNTY COMMISSIONERS ~t Court BY: T~---~y L. Hancoc--~ Chairman Approved as to form ~~legal' suff~cien~____~ PREPARED BYI CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208606 OR: 2333 PG: 1885 *** IICOILDID t~ Ol~ICIll, IJCOID$ of gOttlll C01IW, lq, O?/llll? It ll:2lPll D~Glll' I. BlOC'I, CT, lIE IlO IP]'I le~: CXS8Ill 16(i 1' SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER .0-,111110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against= JASON SCOTT NIXON (2-17-73) CASE NUMBER= 96-10501-MMA for services of the Public Defender, bearing' the date of the 10th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2318, page 1615. The B~ard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed An ~ts name by its Chairman. Executed this ~--- day of ~~______, 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS C 'er., o Circuit Court Approved as to form legal suf fici~n~, COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208607 OR: 2333 PG: 1886 *** IIC0EE l~ 0~II~Ilt IIU~I~$ of a~LLIII C~TIT, FL UC ltl i.l! let~: CASHIll 16G 1 SATISFACTION OF LIEN FOR SERVICES OF TH~ PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against= CAROLYN MARIE RINALDI (9-6-62) CASE NUMBER: 96-10358-MMA for services of the Public Defender, bearing' the date of the 11th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY FIVE AND 00/100***********DOLLARS, under [inal Judgement and Order recorded in Official Record book 2318, page 1617. ThW~o~rd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ___~-- ATTE ST ~ Approved as to form legal sufficiency day of ~j 1997. COUNTY COMMISSIONERS CO.~AR COUNTY, FLORIDA Chairman PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICRS OF ~g PUBLIC DEFENDER 0.3ZLI10 ~IERING *** 2208608 OR: 2333 PG: 1887 17/2(/]? g ]2:22fl DII~ I. ~10~, ~ 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRRSENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: ~~COLASDOHL,~D AKA(ZREI~NICO~AS'~ (5-.5-73) CASE NUMBER: 96-4544-MMA for services of the Public Defender, bearing the date of the 30th of December, 1996, recorded in office of the Clerk of the Circuit cdaouYrt of Collier County, Florida, securing the principal sum of ****TYEITI~ FIVE AND *****************DOLLARS, n~der Final Judgement m~i Order recorded in Official Record book 2270, page 1818. T~e Board of Cou~y Cxmmissioners of Collier County hereby acknowledges full phFment and satisfaction of said lien, hereby surrenders the sa~e u canceled, a~d hereby directs ~hat the Clerk of said Circuit Court ca~cel th/s lien of r~cord. IN WITI~i~SS WBI~RL~3F, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be ~executed in,its name by its Chairman. Executed t. bis ATTEST= ~t Court day of ~/ Approved ag to form legal sufficiency _, 1997. Bom o, co TY co Issio.. Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2208609 OR: 2333 PG: 1888 01/N/~7 it 12:227~ D~ 1. BIOCI, ftc ~1 t. OO le~: ~ATISFACTI(H~ OF CIVIL JUDGMENT LIEN 16G 1 .~NOWALLMEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF :OLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against: JAMES EDWARD GREEN 5310 FLORIDIAN AVE NAPLES, FL 33962 ~ASE NUMBER: 91-924-TM bearing the date of 19TH day of AUGUST 1991 recorded in the office of the Clerk o-~-~he CircuI~ Court of~'Co--~-~y, State of Florida, securing the principal sum of **** SIX HUNDRED SEVENTY-TWO & 50/100 ($672.50) *DOLLARS, by Civil Judgment recorded in Official Record Book 1641 1496 _, Page 'X~e Board_of County Commissioners of Collier County hereby acknowledges full ~aymenC and satisfaction of said Lien, hereby surrenders the same as cancelled, axed hereby directs the Clerk of said Circuit Court Co cancel the Lien of record. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction be executed in its name by its Chairman. ExecUted'this ~-~ay of A~T~ST:"~.' '."' :OLL .CO ,'.. LORIDA Approved as'Co form and legal sufficiency: , 19~_. BOARD OF COUNTY COMMISSIONERS 'tT~I~ COUI~Ty,/FLORIDA TIMOTHY L HANCOCK, CHAIRPERSON Prepared By: DWIGHT E. BROCK CLERK OF THE CIRCUIT COURT P. O. BOX 413044 NAPLES, FLORIDA 33941-3044 /RIMINAL DMSION ~tTI~O~q OF CIVIL ~ LIEN *** 2208610 OR: 2333 PG: 1889 *** ~lll 16G 1 KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against: CASE NUMBER: 90-4638-MMA HENRY BUJNOWSKi 461 N W 31ST STREET NAPLES, FL 33999 bearing the date of 2ND day of APRIL 1991 recorded in the office of the Clerk o--~he Circul-~ Court ~'Count------y, State of Florida, securing the principal sum of TWO HUNDRED TWENTY-FIVE & 00/100 ~225.00) by Civil Judgment recorded in Official Record Book 2143 1616 *DOLLARS, · Page The Board_of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said Lien, hereby surrenders the same as cancelled, azld hereby directs the Clerk of said Circuit Court to cancel the Lien of record. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, .hereby directs that this Satisfaction be executed in its name by its . ': . . . ,,%.: this --' ~--- day of 19~. : '~ '.. ,.j ,. COLL'rER COUI~I~,'. FLOR~D~ the C~cu~t Court Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS -C~LI_~ COUNTY, FLORIDA TIMOTHY L HANCOCK, CHAIRPERSON Prepared By: DWIGHT E. BROCK CLERK OF THE CIRCUIT COURT P. O. BOX 413044 NAPLES, FLORIDA 33941-3044 CRIMINAL DIVISION BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JULY 22, 1997 o ~: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 81-2196-TM, 81-2196-TM, 82- ! 9-MMA, 83-61 -CFA, 83-6 I-CFA, 97- 105-CFA, 95-8392-MMA, 96-733-CFA, 96- 10054-MMA, 96-1051-C FA, 97-1761 -MMA, 96-7622-MMA, 97-437-MMA, 96-129- CFA, 96-8652-MMA, 96-10326-MMA, 96-749-MMA, 96-10501-MMA, 96-10358- MMA, 96-10315-MMA, 96-7487-MMA, 96-1103-CFA, 96- ! 0018-MMA, 96-1840-CFA, 96-7327-MMA, 96-2303-CFA, 97. 1808-MMA, 96-5148.MMA, 96-1993-CFA. 96- 10032-MMA, 97-1424-MMA, 96-5586-MMA, 96-10201-MMA, 96-2359-CFA, 96- 6773-MMA, 96-9697-MMA, 96-9378-MMA, 96-9376-MMA, 96-1136-CFA, 97-3502- MMA, 97-2596-MMA, 96-9866-MMA, 96-10315-MMA, 96-10501-MMA, 96-10358- MMA, 96-4544-MMA, 91-924-TM, 90-4638-MMA. T F FR A : Devil's Garden Water Control District - General Purpose Financial Statements for Fiscal Year Ended 9/30/96, Independent Auditors' Report for Fiscal Year Ended 9/30/96, Auditors' Management Letter for Fiscal Year Ended 9/30/96 and Districts' Response to Management Letter. Cow Slough Water Control District - Proposed Budget Report for Fiscal Year 1997/1998 and Schedule of Regular Meetings for Fiscal Year 1997/1998. Collier Soil & Water Conservation District - Annual Local Government Financial Report Fiscal Year Ended 9/30/96 and Registered Agent Update Year Ended 9/30/96. Do Lely Community Development District - April 16, 1997 minutes. Port of the Islands Community Improvement District. April 17, 1997 and Notice of Public Heating - July 17, 1997. Ao Environmental Advisory Board - May 7, 1997 and agenda for June 4, 1997. Referred to BCC. ~ AGEN..DA ,,,,.ZTEM JUL 22 1997 Pg .___L~ Page 2 mo Co 7/22/97 Emergency Medical Services Advisory Council - May 7, 1997 and agenda for June 4, 1997. Referred to BCC. Marco Island Beach Renourishment Advisory Committee - May 7, 1997 and schedule for summer meetings. Referred to BCC. Collier County Historical/Archaeological Preservation Board - agenda for June 13, 1997. Referred to BCC. Development Services Advisory Committee - May 7, 1997. Referred to BCC. Collier County Planning Commission - April 17, 30 and May 1, 1997 and agenda for June 5, ! 997. Referred to BCC. Pelican Bay MSTBU Advisory Committee - May 7 and 20, 1997 and agenda for Sune 4, 1997. Referred to BCC. Code Enforcement Board - April 21, 1997. Referred to BCC. City of'Naples/The Beach Renourishment/Maintenance Committee - May 1, 1997 and agenda for June $, 1997. Referred to BCC. AGENDA ITEM NO o~ JUL 22 1997 MEMORANDUM 1997 lVfl~; Correspondence Agenda Date Agenda Item TO: FRCM: DATE: RE: Sue Filson, Administrative Asslstant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Rnance Department June 4, 1997 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Pursuant to Fiodda Statutes Sec. 189.418 and Sec. 218.32, the Devil's Garden Water control District has submitted the following: (a) General Purpose Financial Statements for Fiscal Year Ended 9/30/96. (b) Independent Auditors' Report for Fiscal Year Ended 9/30/96. (c) Auditors' Management Letter for Fiscal Year Ended 9/30/96 (c0 Districts' Response to Management Letter. Thank You. Cop~o: 70: I I I I I I I I I I I I I I I I I I I The Global Leader DEVIL'S GARDEN WATER CONTROL DISTRICT General Purpose Financial Statements September 30. 1996 With Independent Auditors' Report Thereon 16G 2 DEVIL'S GARDEN WATER CONTROL DISTRICT P~ om~ Sox 330 La Belle, Floflda 33975 December 5, 1996 Response of the Board of Supervisors and Landowners of Devil's Garden Water Control District to tho Independent Auditor's Management Letter We have read the Management Letter of December 5, 1996 addressed to the Board of Supervisors and Landowners of Devil's Garden Water Control District (the "District") for the year ended September 30, 1996. In doing so, we reached the following conclusions: 2o The "District" was created pursuant to legal authority granted by Chapter 298 of the Florida Statutes. As no irregularities were noted during the September 30, 1995 financial audit, accounting procedures, including the internal control structure, will remain the same as it was during that year. We have no reason to believe that the "District" is, or was at any time during the fiscal year ended September 30, 1996, in a state of financial emergency as a consequence of conditions described in 218.503(1) of the Florida Statutes. 4. We have no knowledge of any violation of laws, rules or regulations. S. We have no knowledge of any illegal or improper expenditures. 6. The financial statements should be issued in their current state. Marwick LLP ], 6 G 2 111 North Orange Avenue. Suite 1600 FO. Box 3031 Orlando. FL 32802 December 5, 1996 The Board of Supervisors and Landowners Devil's Garden Water Control District: We have audited the general purpose financial statements of the Devil's Garden Water Control District (the "District") for the year ended September 30, 1996, and have issued our report lhereon dated December 5, 1996. In planning and performing our audit of the general purpose financial statements of the District, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control structure. We have not considered the internal control structure since the date of our report. Our audit was conducted in accordance with generally accepted auditing standards and Government ,4uditingStandards, issued by the Comptroller General ofthe United States. Additionally, our audit was conducted in accordance with the provisions of Section 11.45, Florida Statutes and Chapter 10.550, Rules of the Auditor General of the State of Florida, which govern the conduct of governmental audits performed in the State of Florida. The Rules of the Auditor General of the State of Florida require that certain items be addressed in this letter. These requirements are addressed in the following comments: I. The District was created by the Circuit Court, Twentieth Judicial Circuit, Hendry County, Florida pursuant to the provisions of Chapter 298, Florida Statutes on May 4, 1971. Boundaries were extended and power of the District expanded by special act of Chapter 87-473. Laws of Florida, Acts of 1987. We determined that the District's fiscal year 1996 annual financial report, which was filed with the Florida Department of Banking and Finance pursuant to Section 218.32(1)(b), Florida Statutes, is in agreement with the District's general purpose financial statements for the same 3. No irregularities were reported in the September 30, 1995 annual financial audit. Nothing came to our attention which indicated that the District is, or during the fiscal year ended September 30, 1996, was in a state of financial emergency as a consequence of conditions described in Section 218.503(1) of the Florida Statutes. Peat Marwick LLP 16G 2 5. We did not discover any violations of laws, rules and regulations within the scope of our financial audit. 6. We did not discover any illegal or improper expenditures within the scope of our financial audit. 7. We did not note any other matters requiring further correction to the financial statements. 8. There were no mat~ers noted relating to possible improvement of financial management, accounting procedures or internal controls as a result of the District's 1996 annual financial audit. This report is intended for the information of the audit committee, management, and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. Very truly yom, KPMG PEAT MARWICK LLP David L. Dennis Partner 16G 2 DEVIL'S GARDEN WATER CONTROL DISTRICT Post Office Box 338 La Belle, florida $3975 May 14, 1997 18-1-21a Ms. Kathy Hankins County Finance Director Collier County Post Office Box 413016 Naples, Florida 33941-3016 Dear Ms. Hankins: Enclosed is copy of postaudit of Devil's Garden Water Control District for 1995-1996 fiscal year for the Board of County Commissioners' file as required by Section 189.418, Florida Statutes. In accordance with Section 218.32, Florida Statutes, we are also enclosing a copy of the Annual Local Government Financial Report for Fiscal Year 1995- 1996. WRH/bjg Sincerely, Secretary Enclosures ,, ",, ~, 16G 2 I I · =, ~ ~e~ ~ -- ~m .... -9' ~ I'[I.T~ I~/ I U~ ~ ~ ~ /*1~ I I~1 I ~1~ I$' ~ _ 16G 2 STATE OF FLORIDA ANNUAL FINANCIAL REPORT OF UNITS OF LOCAL GOVERNMENT (SECTION 218.32, FLORIDA STATUTES) Verify that name and ID number on the certification page are correct t'or your unit. Ifryou will be using reporting forms generated by your own computer system, check to see that they mirror our frorms exactly. Format and front size are especially important as the data is keyed directly frrom the report ton'ns. Report in whole dollars. Are revenues and expenditures/expenses reported by ~und group, i.e., General Fund, Special Revenue Fund, Debt Service Fund, Capital Project Fund, Enterprise Fund, Internal Service Fund and Trust and Agency Fund? Are ail like funds rolled up and reported as one fund group? Do not complete individual forms for multiple funds in a fund group, i.e., special' revenue or enterprise funds. Are ail account codes consistent with those listed in the 1996 Edition ofrthe Unifrorm Accounting System Manual? IF AN ACCOUNT CODE DOES NOT APPEAR ON THE ENCLOSED LIST, OR IN THE 1996 EDITION OF THt: UNIFORM ACCOUNTING SYSTEM MANUAL, THEN IT CANNOT BE USED. Check to see that Revenue codes contain 6 digits, none ofwhich is an X. For example, 313.XXX should be reported as 313.100, 313.200, 313.300, etc. Codes with X's cannot be entered into our database and frorms containing these codes will be returned as unacceptable. (Refer to the enclosed list, or the 1996 Edition of the Uniform Accounting System Manual for valid codes.) Check to see that Expenditure/Expense codes contain $ digits, 2 of which represent object codes (10, 30, 60, 70, 80, 90) such as 513.10, 513.30, 513.60, etc. Do Not list sub-objects such as 513.11,513.21, ~13.23, etc. All expenditures/expenses are to be rolled up to the 10, 30, 60, 70, 80, 90 levels. Forms which present sub-object detail will be returned as unacceptable. (Refer to the enclosed list, or the 1996 Edition of the Uniform Accounting System manual for valid codes.) If'you are reporting a component unit. identity the revenue and expenditure sheets with COMPONENT UNIT on the Reporting Fund Group line and complete the form as you would for any other fund group 16G 2 ¥ ¥ V INSTRUCTIONS FOR COMPLETING THE REVENUE.dND OTHER CREDITS AND THE EXPENDITURES/EXPENSES AND OTHER DEBITS FOPu~4 DBF. AA-40$ The Revenues/Expenditures forms are prepared by fund group. (Example: General Fund, Special Revenue Fund, Capital Projects Fund, Debt Service Fund, Enterprise Fund, Internal Service Fund, Expendable Trust Fund, Nonexpendable Trust Fund, and Pension Trust Fund.) Ifyou have more than one of any of the funds listed above, combine them into one fund group. Report revenues and expenditures/expenses for discretely presented component units on this form also. Note "component unit" on the reporting fund group line and list the account numbers and amounts as you would for the other fund groups. Copy this form for as many groups as your unit uses. REMEMBER, REPORT IN WHOLE DOLLARS AND ONLY BRACKET ATYPICAL BALANCES. The form for the revenues consists of the entity name, identification number, fund group and three columns; account number, description, and amount (whole dollars). All account numbers should consist of six (6) digits. (Example: 311.000 Ad Valorem Taxes, 331.200 Federal Grants - Public Safety, etc.) ~ ~ Once all of the information is completed, a total revenues and amount should be shown for each fund group. The account codes to be used are 311.000 through 390,000. The form for the expenditures/expenses consists of the entity name, identification number, fund group and four columns; account number, object code, description, and amount (whole dollars). Do not use an account number that ends in XXX. These are header numbers only, not valid account numbers. Remember that the account numbers for the expenditures/expenses should always consist of a three (3) digit account number and a two (2) digit object code. (Example: 513 10 Financial and Administrative - Personal Services, 541 30 Road and Street Facilities - Operating Expenditures/Expenses.) The account numbers for expenditures are 511 through 59!, plus the appropriate object code. N : ' - . N ' : 16G 2 FLrND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-.96 REPORTING ENTITY: Dsvn,'s CnZDv.~ ~A~ cobrr~oL ID NUMBER: DISTRICT REPORTING FUND GROUP:~ REVENUES AND OTHER CREDITS (311. 000 THROUGH 390· 000) 319.000 361.100 Section 298 - PlainCenance Tax Whole Dollars Only TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. FORM DBF-AA..403 (Rev. 10/9/96) I ( FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 16G 2 REPORTING ENTITY: REPORTING FUND GROUP: Ceneral. EXPENDITURES AND OTHER DEBITS ($I1 THROUGH $92) TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 (Rev. 10/9/96) 2 t~v~.' s CA~V., ~A~ID NUMBER:.___I~ cown~oz ~xsw, xcr Whole Dollars Only ---------- Account Codes for Revenues AD VALOREM TAXES SALES TAX-LOCAL OPTION TAXES SALES TAX-SPECIAL ACT FUEL TAX SALES TAX-COUNTY g-CENT VOTED FUEL TAX SALES TAX-LOCAL OPTION FUEL TAX/ALT FUEL FIRE INSURANCE PREMIUM TAX CASUALTY INSURANCE PREMIUM TAX DISCRETIONARY SALES SURTAXES FRANCHISE FEES-ELECTRICITY FRANCHISE FEES-TELECOMMUNICATIONS FRANCHISE FEES-WATER FRANCHISE FEES-GAS FRANCHISE FEES-CABLE TELEVISION FRANCHISE FEES.SEWER FRANCHISE FEE$-SOLIO WASTE FRANCHISE FEES-OTHER UTILITY SERVICE TAXES-ELECTRICITY UTILITY SERVICE TAXES-TELECOMMUNICATIONS UTILITY SERVICE TAXES-WATER UTILITY SERVICE TAXES-GAS UTILITY SERVICE TAXES-CABLE TELEVISION UTILITY SERVICE TAXES-FUEL OIL UTILITY SERVICE TAXES-PROPANE UTILITY SERVICE TAXES-OTHER OTHER TAXES OCCUPATIONAL LICENSES BUILDING PERMITS OTHER LICENSES, FEES AND PERMITS FED GRANTS-GENERAL GOVERNMENT 312,~X3 312510 31252O 312600 313100 3132O0 3133O0 3134~0 3135O0 313~00 313700 3139O0 3141O0 3142~X3 31430O 31~,400 3145O0 314700 31480O 314g(X3 31go00 322O0O 329(3OO 331200 FED GRANTS-PUBLIC SAFETY 331310 FED GRANTS.~HYS ENVIRONMENT.WATER SUPPLY 331320 FED GRANTS-~NYS ENVIRONMENT-ELECTRIC SUPPLY 331330 FED GRANT$-PHyS ENVIRONMENT.GAS SUPPLY 331~40 FED GRANTS-~HYS ENV1RONMENT..GARB/$OUD WASTE 331350 FED GRANTS..PHy$ ENVIRONMENT-SEVVER,/WASTE WTR Page: f 33531O 335410 33~420 ,,-ST SHAREO REV.PHYS ENV1RONMEN'r.WAT~R $,.. ST SHARED REV. PHYS ENViRONMENT-ELECTRIC SUP ST SHARED REV-PHYS ENV1RONMENT~AS SUPPt. Y ST SHARED REV. PHYS ENVIRONMENT.GARB/SOLID WST ST SHARED REV-PHYS ENVIRONMENT.SEWER/WASTEVVTR ST SHARED REV.PHYS ENVIRONMENT.OTHER ST SHARED REV.TRANSPORTATION-AIRPORT DVU~MNT ST SHARED REV.TRANSPORTATION4~IASS TRANSIT ST SHARED REV.TRANSPORTATION-OTHER ST SHARED REV.ECONOMIC ENVIRONMENT ~ ST SHARED REV.HUMAN SVCS.HEALTH OR HOSPITALS 335~20 ST SHARED REV.HUMAN SVCS-PUBLIC WELFARE · ~..~0 ST SHARED REV.HUMAN SVCS.OTHER 335700 ST SHARED REV.CULTURE/RECREATION 335900 ST SHARED REV-OTHER 336000 STATE PAYMENTS IN LIEU OF TAXES 337100 LOCAL GRANTS-GENERAL GOVERNMENT ' LOCAL GRANTS-PUBLIC SAFETY 337300 LOCAL GRANTS-PHYSICAL ENVIRONMENT 337400 LOCAL GRANTS-TRANSPORTATION 337500 LOCAL GRANTS-ECONOMIC ENVIRONMENT 337600 LOCAL GRANTS-HUMAN SERV1CES 337700 LOCAL GRANTS-CULTURE/RECREATION 337900 LOCAL GRANTS-OTHER 338000 SHARED REVENUE FROM LOCAL UNITS 339000 PAYMENTS FROM LOCAL UNITS IN LIEU OF TAXES :Mi 100 SERVICES-GEN GO~T-RECOROIflG FEES :MI200 SERVICES-GEN GOV"T-INTRNL SVCS FEES & CHRGS 341510 SERV1CES-GEN GOV'T.TAX COLLECTOR 3415~-'0 SERVICES-GEN GO~'T.SHERIFF :M1530 SERVICES-GEN GOV'T-CLERK OF CIRCUIT =CURT :M15~0 SERVICES.GEN COY'T-CLERK OF COUNTY ~.OURT :M1550 SERVICES.GEN GOV~'-SUPERVISOR OF EL='CT1ONS :M1560 SERVICES.GEN COVe, .PROPERTY APPRAISER :Mi 7C4:) SERVICES-GEN GOV"T-CCUNTY COURT F-'-ES :MI 750 SERVICES-GEN COVe'.CIRCUIT COURT FEES SERVICES-GEN GOV~'-COUNTY OFF COMM & FEES SERVICES-GEN GOV'I'-QTHER CHARGES · FEES Page: ,3 16G A¢¢tcodl FINES-LIBRARY FINES*POLLUTION CONTROL VIOLATIONS FINES-VIOLATIONS OF LOCAL ORDINANCES 359000 FINES.OTHER FINES AND/OR FORFEITURES 3~1000 INTEREST EARNINGS 3~2~00 RENTS ANO ROYALTIES SPECIALASSESSMENTS IMPACT FEES-PUBLIC SAFETY 363230 IMPACT FEES.PHYSICAL ENVIRONMENT 3~3240 IMPACT FEES-TRANSPORTATION 3~3250 IMPACT FEES*ECONOMIC ENVIRONMENT 3632~) IMPACT FEES.HUMAN SERVICES 363270 IMPACT FEES-CULTUR E~'R ECR RATION IMPACT FEES-OTHER 36,4~O0 DISPOSITION OF FIXED ASSETS 36,5~X} SALES OF SURPLUS MATERIALS AND SCRAP 3~:X)0 CONTRIBUTIONS & DONATIONS FROM PRIVATE SRCS 367000 GAIN OR LOSS ON SALE OF INVESTMENTS 368000 PENSION FUND CONTRIBUTIONS ~ OTHER MISCELLANEOUS REVENUES 381000 INTERFUND TRANSFERS IN 362000 CONTRIBUTIONS FROM ENTERPRISE OPERATIONS 3~3000 INSTALLMENT PURCHASES/CAPITAL LEASE PROCEEDS DEBT PROCEEDS PROCEEDS OF REFUNDING BONDS 3~100 TRANSFER S-CLERK TO BD OF COUNTY COMMISSION ~ TRANSFERS-CLERK OF COURT 3~6300 TRANSFERS-COUNTY COMPTROLLER 3~6a~0 TRANSFERS*SHERIFF 386600 TRANSFERS-;~RCPERT'Y APPRAISER ~86T00 TRANSFERS*TAX =OLLECTCR 3~00 TRANSFERS-SUPERVISOR OF ELECTIDNS 3~9100 NDNCPE RATING-INTER EST ~9200 ~93C0 3~a00 NCNCPERATING-GRANTS AND DONATIDNS-C ,'HER :3~9g00 NONOPERAT1NG-OTHER SOURCES 39(X~00 DEPR ON FIXED ASSETS/CONTRIBUTED CAPITAL Pege:S NCNCPERATING-GRANTS AND DONAT1ON~E~ERAL NCNCPERATING-GRANTS AND DONATION~-S~'ATE 16G 2 ~-CONOMIC ENV1RONMENT.V~TERAN'S SERVlCEH 554 ECONOMIC ENVIRONMENT.HOUSINGAJRBAN DVt. PMNT 559 ECONOMIC ENV1RONMENT~)THER HUMAN SERVICES-HOSPITALS HUMAN SERVICES-HEALTH HUMAN SERVICES-MENTAL HEALTH HUMAN SERVICES*PUBLIC ASSISTANCE HUMAN SERVICES-OEVELOPMENTAL DISABIUTIES HUMAN SERVICES-OTHER 571 CULTURE/RECREATION.LIBRARIES 573 574 CULTURE/RECREATION.SPECIAL EVENTS 575 CULTURE/RECREATION.SPECIAL FACILITIES 579 CULTUR F. JR EC R RATIO N-OTH ER ~1 INTERFUND TRANSFERS 563 INSTALLMENT PURCHASE ACQUISITIONS 5~4 CAPITAL LEASE ACQUISITIONS 58~ PAYMENT TO REFUNDED BOND ESCROW AGENT 5~ TRANSFER OUT FROM CONSTITUTIONAL FEE OFFICERS 5~0 OTHER NONOPERATING NONOPERATING INTEREST 592 EXTRAORDINARY GAIN OR LOSS CULTUR E/RECREATION-PARKS~RECREATION CULTURE/RECREATION-CULTURAL SERVICES 16G 2 Page.* 2 i I I I I I I I I I I I I I I I I I I DEVIL'S GARDEN WATER CONTROL DISTRICT General Purpose Financial Statements September 30, 1996 With Independent Auditors' Report Thereon 16G I I I I I I I I I I I I I I I I I I DEVIL'S GARDEN WATER CONTROL DISTRICT Table of Contents Independent Auditors' Report General Purpose Financial Statements: Combined Balance Sheet - All Fund Types and Account Groups Statement of Revenues, Expenditures - Actual and Budget and Changes in Fund Balance - General Fund Notes to General Purpose Financial Statements Independent Auditors' Report on Internal Control Independent Auditors' Report on Compliance with Laws and Regulations Page 2 3 4-7 9-10 II 16G I I I I I I I t I I I I I I I I I I I Marwick LLP 111 North Orange Avenue. Suite 1600 PO. Box 3031 Orlando, FL 32802 16G 2 Independent Auditors' Report The Board of Supervisors and Landowners Devil's Garden Water Control District: We have audited the combined balance sheet of Devil's Garden Water Control District as of September 30, 1996 and the related statement of revenues and expenditures - actual and budget and changes in fund balance - general fund for the year then ended. These general purpose financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government duditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Devil's Garden Water Control District as of September 30, 1996 and the results of its operations for the year then ended in conformity with generally accepted accounting principles. In accordance with Government .~uditing Standards, we have also issued a report dated December 5, 1996 on our consideration of Devil's Garden Water Control District's internal control s~,'ucture and a report dated December 5, 1996 on its compliance with laws and regulations. December 5, 1996 Page ! I I I I I I I I 1 I I I I I I I I I I DEVIL'S GARDEN WATER CONTROL DISTRICT Combined Balance Sheet - All Fund Types and Account Groups September 30. 1996 16G Assets Cash m~d cash investments, including $310,343 in interest bearing accounts (note 2) Property. plant and equipment (note 4) Total assets General Totals General Fixed Asset (Memorandum Fund Account Group only) $ 312.343 - - 1.067.374 $ 312.343 1.067.374 312.343 ! .067.374 i .379,717 Liabilities and Equity Liabilities: Accounts payable 6.349 Equity: Investment in general fixed assets - Fund balance 305.994 Total liabilities and equity S 312.343 1,067.374 1.067.374 6.349 1,067,374 305.994 1.379.717 See accompanying notes to general purpose financial statements. Page 2 2 I I I I I I I I I I I I I I I I I DEVIL'S GARDEN WATER CONTROL DISTRICT Statement of Revenues. Expenditures - Actual and Budget and Changes in Fund Balance - General Fund For the )'ear ended September 30. i 996 Revenues: Members' assessments, net of discounts (note I) Interest Actual Budget $ 23.838 23.311 10.929 - Total revenues Expenditures: Administrative: Professional fees Other Total administrative Maintenance: Contract spraying of canals (note i ) Facility maintenance Total maintenance Total expenditures Excess of expenditures over revenues Favorable (Unfavorable) Variance 527 I0.929 34.767 23.311 11.456 24.116 35.500 11,384 i.550 11.500 9.950 25.666 47,000 21.334 123.698 128.500 4,802 40.533 50.000 9.467 164.231 178.500 14~69 189.897 225.500 35.603 155.130 202.189 47.059 Fund balance: At beginning of)'ear 461.124 At end of year $ 305.994 See accompanying notes to general purpose financial statements. I I Page 3 I I I I I I I I I I I I I I I I I I I DEVIL'S GARDEN WATER CONTROL DISTRICT Notes to General Purpose Financial Statements September 30. 1996 16G 2 (I) Summary of Significant Accounting Policies (a) Reporting Entity The Devil's Garden Water Control District (the District) is an independent special district created pursuant to the method authorized in Chapter 298 of the Florida Statutes. The District is govemed by a three-member Board of Super~'isors elected by the landowners of the District. Substantially all (approximately 99%) of the properties within the District are owned by Alico, Inc., (Alico) and Alico pays substantially all the taxes assessed by the District. All supervisoD' fees are paid to officers of the District who are also officers of Alico. As required by generally accepted accounting principles, these general purpose financial statements present the government and an)' component units or entities for which the government is considered to be financially accountable. There were no component units for the District as ofor for the year ended September 30. 1996. (b) Fund Accounting The accounts of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of the District are accounted for in the General Fund which is accounted for with a separate set of self- balancing accounts that comprise its assets, liabilities, fund balance, revenues, and expenditures. Government resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. The General Fund is classified as a governmental fund. (c) Account Group Fixed assets associated ~ith the General Fund are accounted for in the General Fixed Asset Account Group. The account group is not a fund and is concerned only ~ith the measurement of financial position. Fixed assets used in General Fund operations are accounted for in the General Fixed Asset Account Group. Public domain (infrastructure) general fixed assets consisting of certain improvements other than buildings, including canals, roads and right of ways are not capitalized as general fixed assets. (Continued} Page 4 I 1 DEVIL'S GARDEN WATER CONTROL DISTRICT Notes to General Purpose Financial Statements 16G 2 I I I I I I I I I (d) Basis of Accounting The accounting and financial reporting treatment applied to a fund is determined by ils measurement focus. The General Fund is accounted for using a current financial resources measurement focus. With this measurement focus, only current assets and current liabilities generally are included on the balance sheet. The operating statement of this fund presents increases (i.e.. revenues and other financing sources) and decreases (i.e.. expenditures and other financing uses) in net current assets. The modified accrual basis of accounting is used by the General Fund. Under the modifi~xl accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e.. when they become both measurable and available). "Measurable" means the amount of the transaction can be delermined. "Available" means collectible v, ithin the current period or soon enough thereafter to be used to pa.,,' liabilities of the current period. The Dislrict considers members' assessments as available if they are collected v, ithin 60 days after .','ear end. A one-year availability period is used for revenue recognition for all other General Fund revenues. Those revenues susceptible to accrual are assessments from members for administrative and maintenance expenses and interest revenue. Expenditures arc recorded when the related fund liability is incurred. (e) Bttdgets and Budgetary/Iccounting The District follows the procedures listed below in establishing the budgeta~' data rcll~.n:ted in the financial statements: I I During April the Board of Supervisors submits a proposed operating budget Ibr the upcoming fiscal >'ear. lhe operating budget includes proposed expenditures and the means of financing them. 2. A public hearing is held to obtain taxpayer comments. I I 3. During June. the budget is legally enacted through passage ora resolution. 4. All budget revisions must be approved by the Board of Supervisors. (Continued) I I Page 5 I I I I I I I I I I I I I I I I I I I DEVIL'S GARDEN WATER CONTROL DISTRICT Notes to General Purpose Financial Statements 16G 2. Budget appropriations may not be legally exceeded on a fund basis. Appropriations lapse at the end of each fiscal year. The budget for the General Fund is adopted on a basis consistent with generally accepted accounting principles. Budgeted amounts are originally adopted by the Board of Supervisors. No amendments to the budget were made during the year. (0 ProperO; Plant and Equipment General fixed asset additions are recorded as capital outlay expenditures in the General Fund and are simultaneously capitalized at cost in the General Fixed Asset Account Group. except for infrastructure assets. Donated fixed assets are recorded at their fair market value on the date donated. Unit costs of property and equipment recorded in the General Fixed Asset Account Group were established at historical cost or estimated historical cost. Depreciation is not provided on general fixed assets. (g) Totals Column on Combined Balance Sheet Thc Totals Column on the Combined Balance Sheet is captioned "Memorandum Only" because it does not represent consolidated financial information and it is presented only 'to facilitate financial analysis. This column does not present information that reflects financial position in conformity with generally accepted accounting principles. Interfund eliminations have not been made in the aggregation of this data. (2) Cash and Cash Investments Cash At September 30. 1996. the carrying amount of the District's funds was $2.000. Cash consists of funds held in non-interest bearing bank accounts. These funds were entirely covered by federal depository insurance which comply with the requirements of Florida Statutes and h~ve Ixen deposited in institutions designated as a qualified public depositories by the State Treasurer. (Continued) Page 6 I I I I I I I I I I I I I I I I I I I DEVIL'S GARDEN WATER CONTROL DISTRICT Notes to General Purpose Financial Statements Cash Investments Cash investments consist of interest-bearing bank accounts. These investments were made with institutions designated as a qualified public depositor>.' by the State Treasurer. The District's investments are categorized as either (1) insured or registered for which the securities are held by the District or its agent in the District's name. (2) uninsured and registered for which the securities al: held by the broker's or dealer's trust department or agent in the District's name. or (3) uninsured and unregistered for which the securities are held by the broker or dealer, or by its trust department or agent but not in the District's name. Categories Carrying Market I 2 3 amount value Interest-bearing bank accounts $ 310.343 - - 310.343 310.343 Florida Statutes authorize the District to invest in the Local Government Surplus Funds Trust Fund administered by the State Treasurer: negotiable direct obligations of. or obligations unconditionally guaranteed by. the U.S. Government: interest-bearing time deposits or savings accounts in financial institutions located in Florida and organized under Federal or Florida laws: obligations of the Federal Farm Credit Banks. the Federal Home Loan Mortgage Corporation. the Federal Itome Loan Bank or its district banks, or obligations guaranteed by the Government National Mortgage Association and obligations of the Federal National Mortgage Association. (3) Members' Assesstttettts The assessment lex')' of the District is established by the Board of Supervisors prior to October I of each .,,'ear. All assessments are due and payable on November i of each )'ear or as soon thereafter as the assessment roll is delivered to the count)' tax collector. All unpaid assessments become delinquent on April I following the )'ear in which they are assessed. (Continued) Page 7 I I I I I I I I I I I I I I I I I I I DEVIL'S GARDEN WATER CONTROL DISTRICT Notes to General Purpose Financial Statements (4) ProperO', Plant and Equipment 16G 2 The following is a summary of the change in the District's general fixed assets for the )'ear ended September 30, 1996: Property, plant and equipment - equipment Net investment in general fixed assets - assets Balance at Balance at October 1, September 30, 1995 Additions 1996 $ 1.067.374 - 1.067.374 1.067.374 - 1.067.374 Related Party Transactions Alico. Inc. performed maintenance sen'ices on behalf of the District which were reimbursed by the District in the amount of $19.534 for the year ended September 30. 1996. (6) Subsequent Event On December 4. 1996. approximately 22.000 acres owned by Alico within the boundaries of the District were sold to a water management district. Consequently. this parcel and approximately 10,000 additional acres that were not contiguous to the District's other property were removed from the District's boundaries as of August 26, 1996. At the approved assessment for the current year, the District will experience a decrease in assessment revenue of approximately $35.000. Management does not consider this to have a material effect on the financial position of the District. Page 8 I I I I I I I I I I I I I I I I I I I J~~ Peat Marwick LLP 111 North Orange Avenue, Suite 1600 P.O. Box 3031 Orlando, FL 32802 1613 2. Independent Auditors' Report on Internal Control The Members Devil's Garden Water Control District: We have audited the general purpose financial statements of the Devil's Garden Water Control District as of and for the year ended September 30. 1996. and have issued our report thereon dated December 5. 1996. We conducted our audit in accordance with generally accepted auditing standards and Govermnent Auditing Stamtards. issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about xvhether the general purpose financial statements are free of material misstatement. The management of the Devil's Garden Water Control District is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgment by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance xvith management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance xx'ith generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also. projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inad~uate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. Page 9 I I Peat MarwIck LLP 16G 2 I I I I I I I I I I In planning and performing our audit of the general purpose financial statements of the Devil's Garden Water Control District, for the year ended September 30, 1996, we obtained an understanding of the internal control structure. With respect to the internal control structure, we obtained an understanding of the design of relevant policies and procedures an whether they have been placed in operation, and ~e assessed control risk in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide an opinion on the internal control structure. Accordingly, we do not express such an opinion. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material wea'knesses under standards established by the American Institute of Certified public Accountants. A material weakness is a condition in which the design or operation of one or more of the specific internal control structure elements does not reduce to a relatively Iow level the risk that errors or irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operations that we considered to be material wea 'knesses as defined above. This report is intended for the information of the audit committee, management, and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. December 5, 1996 I ! Page 10 I I I I I I I I I I I I I I I I I I I ~Peat Marwick LLP 111 North Orange Avenue, Suite 1600 PO. Box 3031 Orlando, FL 32802 16G 2 Independent Auditors' Report on Compliance with Laws and Regulations The Board of' Supervisor and Landowners Devil's Garden Water Control District: We have audited the general purpose financial statements of the Devil's Garden Water Control District. as of and for the year ended September 30, 1996, and have issued our report thereon dated December 5, 1996. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. Compliance with laws, regulations, contracts, and grants applicable to the Devil's Garden Water Control District, is the responsibility of the management of the Devil's Garden Water Control District. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we performed tests of the Devil's Garden Water Control District's compliance with certain provisions of laws, regulations, contracts and grants. However, the objective of our audit of the general purpose financial statements was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported herein under Government Auditing Standards. This report is intended for the information of the audit committee, management, and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. December 5, 1996 Page 11 M~ORAN~M Misc. Correspondence Agenda Date Agenda Item TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department June 5, 1997 Miscellaneous Correspondence. BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. I~.'rsuant to Florida Statutes Sec. 189.417, Sec. 218.34 and Sec. 298.54, the Cow Slough Water Control District has submitted the following: (a) Proposed Budget Report for Fiscal Year 1997/1998. (b) Schedule of Regular Meetings for Fiscal Year 1997/1998. Thank You. Co~,'% Posl OiTIce Box 1986, Arcadia, Florida 34265/Phon~: (941) 494J~1021/Fa';: (941) 494-5361 16G May 23, 1997 Mr. James Giles Cl~k of the Circuit Court ~301 Tamlami ~ East Naples, Florida 33941-3044 De~r Mr. GUes: Enclosed is the budget and meeting dates for th~ fiscal year 1997/199__._._.___~8 for the Cow Slough Water Control District. Plemm file this information in accordance with Florida 8tatutes~189.417 (1), 189.418, ~218.34 (b), and298.54.~(~,~/-~£~/~r-~ -~ Thank you. Disf~ct Administrator Cow 81ough Water Control District (2) 16G 2 The regular monthly meetinfs of the Board of Supervisors for the Cow 81oufh Water Control District for fiscal year 1997/1998, wm be held on the fourth Thursday of each month mt 3:00 p.~ in the County Extension OfFice locuted on 225 P~ Bo b . d, LaBelle, Florid~ (off Devils Garden Drive). The monthly meetings to be held in November and December 1997, will be held on the third Thursday of those months due to the The monthly meetJnf which will be held on Thursday, May 28, 1997, will be combined with the Annual Landowner's Meetlnf for the purpo~ of electing offices, establbhLz~ an usessment rate for the 1998/1999 yetr, and conductln~ such other business which my be properly broufht before it. BOARD Olt 8~-PERVISOR8 By: h Clement Dist~ct Admlnhtrn~or 16G CAPITAL CONTINGENCY TOWNSEND CANAL PRO~ECT ATTORNEY'S lrEE8 ENGINEER/NG FEE~ T C L U (first payment J'or tho purchmm of tho etumout on Tomts~d C~mal, bd ptymomt fg3fS00OO.OO bi 1990/1999 budfot). CANAL MAINTENANCE AUDITOR ADMINISTRATOR INSURANCE OlrlrICE EXPENSE8 LEGAL ADVERTISEMENT POSTAGE DUES (DEPT. COMMUNITY $175.00, IrAHD, 8500.00) MAINTENANCE CONTINGENCY WATER QUALITY ANALYBIS TOTAl, CAPITAL BUDGET ~ TOTAl, MAINTENANCE BUDGET ~430.00 LES8 ESTIMATED CARRY-OVER(.) -0- TAX FEES/EARLy PAYMENT DIHCOUIFF 8% Olr SUB-TOTAL FIGURE (4.) ~OTE: TOTAL CAPITAL AND MAINTENANCE BUDGET EQUAL8 $_~ D~VIDED BY 8754 ACRES IN DISTRICT t 8__]~__%~__ PER ACR~ FOR FISCAL YEAR CflILAHK.WPD MEMORANDUM r4u" ..' j! t / !%? Misc. Correspondence Agenda Date ~ Agenda Item #~ 16G TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager 'l'i ~ Clerk of the Circuit Court/Finance Department June 5, 1997 Miscellaneous Correspondence. BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Pursuant ';:) Florida Statutes Sec. 189.418 and Sec. 218.32, the Collier Soil & Water Conservation District has submitted the following: (a) Annual Local Govemment Financial Report Fiscal Year Ended 9/30/96. (b) Registered Agent Update Year Ended 9/30/96. Thank You. I~isc. C0rres: Date: ~ 16G Collier Soil nnd Wnter Con~erv~tZon Distzlct A~rtculture Center. 14700 Imrnokalee Road. Naples, FL 33964-1468 Phone (941) 455-4100 - FAX (041) 455-25~ May 14, 1997 The Clerk of thc Circuit Cour~ Attention: Robin P.O. Box 413016 Naples, Florida 34112-3016 LETTER OF TRANSMITTAL Enclosed please find the following: Copy of May 14, 1997, letter to the Auditor General regarding Rebuttal to Management letter, Registered Agent Update, and State of Florida Annual Local Government Financial Report, Fiscal Year 1995-1996. The annual audit report was mailed previously, on April 4, 1997. Ka£en ~oner Administrative Assistant kt Ency. CONSERVATION . DEVELOPMENT - SELF4~3VERNMENT Collier Soil and Water Con~rvatJon District Agriculture Center, 14700 Immokalee Road. Naples, FI. 33964-1468 Phone (941) 4,5,5-4100. FAX (941) 4.55-26~ May 14, 1997 Auditor General Attention: Local Government P. O. Box 1735 Tallahassee, Florida 32302-1735 Dear Auditor General: Enclosed are two copies of the annual audit report for this District. This report was received by the District Secretary/Treasurer on March 28, 1997, and formally by the Board on April 2, 1997. Because of an unavoidable cancellation of the May monthly meeting of the Board, the Board has not yet formally addressed the deficiencies noted in the management letter and signed the letter of reply addressing the deficiencies. This letter will be forthcoming in June, immediately after the monthly meeting. Thank you for your attention to this matter. Sincerely, Karen Toner Administrative Assistant kt opy to: The Clerk of the Circuit Court Attn: Robin P. O. Box 413016 Naples, Florida 33941-3016 (Audit previously sent, April 4, 1997) Florida Department of Community Affairs, Special Districts Information Program [ 6 G REGISTERED AGENT UPDATE Per section 189.4035. FIo#da Statutes, the Department of Community Affairs, Special Districts Pr(~ram is required Io update the registered agent/office annually. Please complete this form and FAX to 904/922-5623 or mail to the Special Districts Information Program, 2555 Shumard Oak Blvd, Tallahassee, FL, 32399-2100. For assistance, please call 904/922-5431 or SC 292-5431. Dead~;ne: April 1, 1997. Par~.'l. REGISTRATION (,,STRUCT,O,S A,D DE,,N~T~O,S ^RE O, THE,ACK O, TH,S WORM). PRESENT STATUS ITEM COLLIER SOIL & WATER District Name CONSERVATION DISTRICT Devi,? Wilkinson Registered Agent Name Agriculturr,l Center 14700 Immokalee Road Naples, FL 34120 Registered Office Address CHANGE TO: Robert Griffin 9414554100 Phone Number PLEASE PROVIDE Fax Number (94 !) 455-2693 PLEA~.'E PROVIDE Date Established INDEFENDENT Status PLEASE CIRCLE ONE Authorizing Document Ch. 5'~2, F.S. Stalutory Authority Local Governing Authority ELECTED Board No Bond Authority Revenue Source Part II. FINANCE & ACCOUNTING erson who is responsible for process.ng the annual Statutory Special istnc~s Fee INVOICE) I:'hone ,,bmbcr: (.~ ~.~ #~o/~¢ Ordiance/Resolution~b<~'~'~'~}Special Act/ Court Decree~ntedo~eement Collier County Grants Part II!. CERTIFICATIOIN I, ~ undersi~--d certif! that the ~om~tion reported COLL;ER SOIL & WATER CONSERVATION DISTRICT David Wilkinson f17rict,=ural Center 00 ~mmokalee Road Naple:-., FL 34120 16G FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: Collier Soil & water ID NUMBER: tgs ILEPORTING FLrND GROUT: Ce.eral s.nd REVENUES AND OTtlER CREDITS (311. 000 THROUGH 390. 000) Whole Dollars Only 389100 Services- Phys Environment- Conservation & Resource HRt Fed Grants- Phs Env n n - Nono era in I 5._~3 500 372 'i TOTAL REVENUES AND OTHER CREDITS Duplicate this page ii'additional lines are needed. FORM DBF-AA-403 Ol. ev. 10/9/96) I 105,792 16G FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: collier soil & Water REPORTING FUND GROUP: cenural Fund ID NUMBER: 2 EXPENDITURES AND OTtlER DEBITS ($I: THROUGIt 592) Physical Environment- Conservation/ _5_37..-' Resource Management 590 o,~o.o.:- - ~onme.t- onservat on/ 537 . ~ TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if'additional lines are needed. FORM DBF-AA.-403 (Rev. I0/9/96) 2 Whole Dollars Only 9 200 2 247 56,270 65,717 Lely June 12, 1997 (',m~munttv l)rt'cl,~pm,.nt Ih'strict Collier County Manager's Office Collier County Governmental Center 3301 E. Tamiami Trail Administrative Building, Second Floor Naples, Florida 34112 16G 2 IKFO: -----------'------' FILE: ------' .... STAFF FILE; ~ BT: ~ Attention: Mr. Robert Fernandez, County Manager Subject: Lely Community Development District Minutes of Meeting - April 16, 1997 Dear Mr. Fernandez: Enclosed please find a copy of the signed Meeting Minutes from the Board Meeting held on April 16, 1997 for your records. Previously, these documents were forwarded to Mr. McNees and Mr. Dorrill. Please check with their offices to obtain any Minutes from previous meetings. If you should need copies of any material that correlates to these Minutes, please let me know and I will transmit them to you. Sincerely, LEI.Y COMMUNITY DEVELOPMENT DISTRICT C, ,--- Katey Selchan Secretary Assistant District Manager's Office :ks Enclosures Mist,, From the desk of... Katey Selchan Secrelary/Assistant District Manager's OIfice 10300 N.W. llth Manor Coral Springs, Florida 33071 Direct Dial bio. (954) 796-6618 Direct Fax bio. (9~t) 34~1292 16G 2 NAPLES, FLORIDA ;tPRIL 16, 1997 LET IT BE KNOWN, that the Board of Supervisors of the Lely Community Development District met on this date at 3:30 P.M., in the East Naples Community Park, Room A, Thomason Drive, Naples, Florida with the following members present: Mr. Frederick C. Gartz, Chairman Mr. Joseph Ryan, Vice Chairman Ms. Marlene Meade Mr. William J. Senkevich Mr. Ted U. Biggs ALSO PRESENT: Mr. James P. Ward, Assistant District Manager; Mr. Mike Volpe, Attorney for the District; Mr. Steve Means of Wilson, Miller, Barton & Peek, Mr. Jerry Ellis, Field Manager of the Lely Community Development District and Ms. Phyllis Jones of Coopers & Lybrand. A~ENDA 1. Roll Call. 2. Approval of the Minutes of the March 19, 1997 Meeting. 3. Acceptance of Audit for Fiscal Year Ended September 30, 1996. 4. Staff Reports: A) Manager's Report B) Field Manager's Status Report C) Engineer's Report D) Attorney's Report 5. Supervisor's Requests and Audience Comments. 1054 16G 2 Lely Communit-yDevelopment District April 16, 1997 6. Approval of Invoices. 7. Adjournment. ROLL CALL Chairman Gartz called the meeting to order at 1:30 P.M. and asked the record show all members present. ~PPROVAL OF THE MINUTES OF THE MARCH 19, 1997 MEETING - APPROVED AS PRESENTED Ms. Meade moved, ~econded b~ Mr. Senkevich and aI~imroved unanimously the Minutes of March 19, 1997, as Ioresanted. ACCEPTANCE OF AUDIT FOR FISCAL YEAR ENDED SEPTEMBER 30, 1996 Chairman Gartz welcomed Ms. Coppers & Lybrand, to the meeting. Phyllis Jones of At this time, Ms. Jones asked if there were any comments or questions on the Audited Financial Statement for the Fiscal Year Ending September 30, 1996. Mr. ~ remarked that Note Five (5) on Page 16 is incorrect as Mr. Senkevich has never been employed by the Lely Development Corporation or any of its affiliates. Mr. Biggs advised that he, as well, is not currently employed by the Lely Development Corporation or an affiliate. Mr. Ward asked Mr. Biggs if he was employed by a related party during Fiscal Year 1996 which began October 1, 1995 and ended September 30, 1055 Lely Community Development District April 16, 1997 16G 2 1996. Mr. Biggs offered that he left Lely in January, 1996. Thus, Mr. Ward advised that Mr. Biggs was employed by an affiliate of Lely for a portion of Fiscal Year 1996. Ms. Jones offered that she would re-word Note Five (5) to incorporate these corrections. Mr. Senkevich also suggested that a change be made to Footnote One (1) on Page Seven (7) of the Audited Financial Statement which states that "Lely Development Corporation (Lely) owns a majority of the land within the District" He remarked that this is not a true statement. After discussion it was decided that this sentence should read as follows: "Lely Development Corporation (Lely) controls a majority of the land within the District. To clarify Note Five (5) Mr. Ward asked if it was a true statement that Lely Development Corporation is a major land Developer within the District. Mr. Senkevich stated that this is a true statement. Mr. Ward asked Mr. Biggs and Mr. Senkevich if they are currently employed by an affiliate of Lely Development Corporation and whether Lely Development Corporation controls the affiliate. Mr. Senkevich stated that he works for a Corporation that has an 1056 Lely Community Development District April 16, 1997 16G 2 Option Agreement with Lely Development Corporation and this Corporation owns the land and Lely Development is the Developer of the land and, thus, he does not work for an affiliate of Lely Development Corporation. Ms. Jones distributed a list of "Matters Required %'0 Be Communicated To The Board Of Supervisors" which she had said would be discussed when the Audit was completed. Ms. Jones briefly discussed each of these nine (9) items and a copy of this communiqu~ is attached hereto and made an official part of these Minutes. At this time, Mr. Gartz called for any additional comments or questions regarding the audited Financial Statements. There being none, Mr. Gartz called for a motion. Ms. Meade moved, seconded by Mr. Biggs and a~roved unanimously acceptance of the Audited Financial Statement for the Fiscal Year Ended September 30, 1996, with corrections as previously outlined to Note One (1) on Page Seven (7) and to Note Five (5) on Page Sixteen (IH of the Audited Financial Statement. 1057 16fl 2 Lely Cor~nunity Development District April 16, 1997 Mr. Biggs stated that on Page Twenty-six (26) of the Audited Financial Statement it recommends that a General Subaccount be established and he asked if this was going to be done. Mr. Ward stated that this was not going to be done and Ms. Jones added that it had been oetermined that there is another remedy to this recommendation. She advised that the Trustee does not believe that a General Subaccount is necessary and all the Trustee has to do is get the bondholder to agree to waive this requirement. It was Staff's recommendation that this is the best way to proceed with this requirement. The Board had no objection. STAFF'S REPORT Mana er's R rt Mr. Ward had nothing to report at this time. Field Mana~ Mr. Ellis had nothing to report at this time. Engineer's Report Mr. Means had nothing to report at this time. Attorn 's R rt Mr. Volpe had nothing to report at this time. 1058 16G 2 LELY COMMUNITY DEVELOPMENT DISTRICT MATTERS REQUIRED TO BE COMMUNICATED TO THE BOARD OF SUPERVISORS SEPTEMBER 30, 1996 THE AUDITOR'S RESPONSIBILITY UNDER GENERALLY ACCEPTED AUDITING STANDARDS. The auditor shouM communicate the level of responsibility assumed for the internal control structure, illegal acts and other matters under generally accepted auditing standards. Our responsibilities are as outlined in our engagement letter dated November I, 1996. SIGNIFICANT ACCOUNTING POLICIES AND UNUSUAL TRANSACTIONS. The auditor should determine that the Board of Supervisors is informed about the initial selection of and changes in significant accounting policies as well as the methods used to account for significant unuxual transactions. There were no significant changes in accounting policies or unusual transactions during 1996. MANAGEMENT'S JUDGMENTS AND ACCOUNTING ESTIMATES. The Board of Supervisors should be informed abou; the process used by management informing particularly sensitive accounting estimates and about the basis for the auditor's conclusions regarding the reasonableness of those estimates. There were no sensitive accounting estimates that were required to be made by management. SIGNIFICANT AUDIT ADJUSTMENTS. ,411 signi, ficant adjustments arising from the attdit shouM be communicated to the Board of Supervisors.. There were no significant audit adjustments recorded at September 30, 1996. · 16G 2 OTHER INFORMATION IN DOCUMENTS CONTAINING AUDITED FINANCIAL STATEMENTS. The Board of Supervisors shouM be informed as to the auditor's responsibility for information in a document containing audited financial statements, as well as any procedures performed and the results of those procedures. There are no other documents containing the audited financial statements. o DISAGREEMENTS WITH MANAGEMENT. Disagreements with management, whether or not satisfactorily resolved, about matters that could be significant to the District's financial statements or the auditor's report, should be communicated to the Board of Supervisors. There were no such disagreements. We had direct and unrestricted access to management of the District throughout the audit and thereafter, and always received the full cooperation of the District's management and staff. CONSULTATION WITH OTHER ACCOUNTANTS. When the attditor is aware that management has cons, lied with other accountants about significant accoun#ng or auditing matters, the attditor's views about the subject shouM be communicated to the Board of Supervisors. We are not aware that any consultation occurred with any other accounting firm. MAJOR ISSUES DISCUSSED WITH MANAGEMENT PRIOR TO RETENTION. ,4ny major issues that were discussed with management in connection with our initial or rec~trring retention shouM be communicated to the Board of Supervisors. No issues were discussed which would have a significant impact on the District's financial statements or our audit report. DIFFICULTIES ENCOUNTERED IN PERFORMING THE AUDIT. Serious diffic~t/ties encountered in dealing with management that relate to the performance of the cntdit are required to be brought to the attention of the Board of Supervisors. We did not experience any difficulties during the audit with management or staffofthe District. ' 16G 2 Lely Community Development District April 16, 1997 SUPERVISOR' S REgUESTS AND AUDIENCE C~S There were no Supervisor's requests or comments by the audience. APPROVAL OF INVOICES AND REgUISITIONS There being no discussion, Mr. Senkevich moved, seconded by Ms. Meade and a~proved unanimously, the Invoices and Payment Requisitions which had been included in the Agenda Package. (Co~ies are attached hereto and made an official part of these M/mutes. ) ADJOURNMENT There being no further business to come before the Board at this time, the meeting was adjourned. Time: 1:45 P.M. MR. FREDERICK C. GARTZ CHAIrmAN LELY C~ITY DEVELOPMEITT DISTRICT 1059 16G Z of the l lands June 13, 1997 Memorandum To: Clerk of the Circuit Court c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 ACTIO~: ~ FILE: Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Minutes of Meetings held April 17, 1997 Reference: From: Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Port of the Islands Community Improvement District as referenced above. GLM/ir 10300 N.W. 11th Manor · Coral Springs. Florida 33071 · (954) 753-0380 · ~ax: (954) 755-6701 16G 2 ~ OF MEETING PORT OF THE ISLANDS COMMTJNll~ IMPRO~ D~CT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, April 17, 1997 at 4:00 P.M. at 25000 Tamiami Trail East, Naples, Florida. Present and constituting a quorum were: Thomas L. Barnard Richard Gatt/ Bernard Wolsky Richard Burgeson Chairman Supervisor Supervisor Supervisor Also present were: John Petty Darrin Mossing Jerry R. Taricska Andrew Solice Tim Stephens Marlene (Sam) Marchand Barry Berger Approximately 30 Residents FIRST ORDER OF BUSINESS District Staff District Staff Engineer Attorney District Staff R.V. Park Owner Resident lion can Mr. Barnard called the meeting to order at 4:00 P.M. and stated the record will reflect that all Supervisors are present. /IF~OND ORDER OF BUSINESS Consideration of Appointment of Supervisor Mr. Barnard stated this item is for the appointment of a Supervisor to replace the departed Mr. Sherry. It now becomes the venue of the Board to appoint a replacement Supervisor. Mr. Burgeson stated I nominate Ms. Millie Strohm who is the General Manager for the hotel. Mr. Barnard stated if there are no other nominations, we need a motion for the nominations to be closed. Mr. Petty stated we will deliver the oath of office to Ms. Strohm at the next meeting. TtIIHD ORDER OF BU~ Approval of the Minutes of tho Mmx~ 20, 1997 Meeting Mr. Barnard stated that each Supervisor had received a copy of the March 20, 1997 minutes and requested any additions, corrections, or deletions. There being none, FOURTH OHDER OF BUSINESS Acceptance of Audit for Fiscal Year Mr. Gatti asked can Mr. Mossing give us a brief summary of what our financial status is? Mr. Mossing responded the District finances are doing fairly well in terms of both the General Fund and the Water and Sewer Fund. In the General Fund, the assessments from prior years have all been collected and we are operating within Budget. Our funds are in fairly good condition. The Water and Sewer fund is operating fairly well, however there is an ongoing issue with delinquent standby fees. Mr. Gatti asked will we be required to draw on the General Fund this year to make up for the standby fees? Mr. Mossing responded no, not at this point. Mr. Gatti asked what about later on? Mr. Mossing responded in our utilities, we are seven months into our operation. Assuming there are no changes, in our current revenues and collections based upon this current Fiscal Year, I do not believe that will happen. Mr. Barnard asked other than the one account which we are all familiar with which is the North entry parcel, are there any other accounts that are tremendously in arrears? 2 April 17, 1997 Mr. Mossing responded no. Some of the individual landowners that are billed for standby fees have been paying quarterly. They are somewhat delinquent, but for the most part they are paying. Mr. Gatti asked What is our total Budget, how much is in the General Fund and how much revenue is there from the water and sewer operations? Mr. Mossing responded there is approximately $240,000 in the General Fund. Mr. Gatti asked do we pay $167 each year on taxes? Mr. Barnard responded I believe we pay $223. Mr. Mossing stated the Water and Sewer Fund has a Budget of $325,000 which is paid from user fees and a combination of water, sewer and irrigation, monthly bills and meter fees. Mr. Gatti stated so in round numbers we have an operating Budget of about $600,000 and it is just about a 50/50 split. Mr. Mossing stated that is correct. Mr. Gatti stated the reason I bring it up is that I think it is important for all of us to realize that half of those user fees that are out there for the tax fund is fixed. You get a tax bill at the end of the year that says $223, you pay it and that is the end of it. The other part is the variable because if somebody is not paying their user fee, that means that we have to make it up someplace and we either have to take it out of the General Fund or not do something. I just think it is important for everybody to understand that. Mr. Barnard asked are there any water and sewer bills outstanding? Mr. Mossing responded yes. Golden Florida Resorts who I just met with have been billed. I believe they have paid their monthly bills and are current but there are some balances that are delinquent that they have been notified about. I expect to receive payment on those fees. Mr. Burgeson stated given the amount of difficulty we had last year when money did not come through on delinquent accounts and the problems we went through shif'dng money, I find it a little hard to believe that this year if an account remains delinquent, we will not have all that much of a problem. Mr. Mossing stated the Board approved a substantial rate increase that went into effect on October 1. In the last month I have put together a fairly substantial report on the utility system which will be forthcoming in the Budget process. We had a detailed history on individual accounts on consumption and collectability and that will be something that we will be asking the Board to April 17, 1997 address. Being that there are certain properties that are not paying their standby fees which do affect our cashflow from the Water and Sewer Fund, when we go through the budgeting process, we are going to look very hard at that issue and come back and ask the Board to consider an uncollectable part of our rate factored in which would mean that the users of the system would have their rates increased to make up for some of that shortfall in the interim until that property is developed and those fees start being paid. We are operating on a positive cashflow basis and we have a number of items that are not being funded that really need to be funded in the long term. From the last rate increase, we got a positive cashflow and out of a situation that we would have found ourselves in, in terms of paying our monthly expense. Mr. Burgeson asked do we have problems like renewing generators? Mr. Mossing responded yes. That is going to be an issue that we will address. Mr. Bernard stated we still have an amount owed to the General Fund by the Water and Sewer Fund. Is that somewhere around $60,000 which would be the amount approximately in arrears on one property if we were to collect that? Mr. Mossing responded yes. You can pay that back and start to establish some surplus reserves for the replacement of utilities. Mr. Barnard stated that is certainly going to be an issue. Mr. Gatti stated more for the sake of everybody sitting here and so there is an understanding of the bigger picture, we do not have any kind of reserve for any item that we maintain such as the roadway system, the water treatment plant, sewage treatment plant, etc. If anything goes wrong and we have to replace something, we do not have any funds in the bank set aside to do that. Mr. Barnard stated I am not sure that is correct. Mr. Petty stated in the Water and Sewer Fund, there is a reserve category for capital improvements and for renewal and renovation. About $75,000 a year is supposed to put in there. When you had said to Mr. Mossing, "I cannot believe we are not going to come up short if they do not pay the standby fees~ and he says "well, we are looking pretty good so far", we are going to be fine as long as you do not count that $75,000. That is the last thing that gets funded out of our Budget. Of course your day to day operations come first and your renewal and replacement comes second in that regard. The operating Budget is fine. We are not able to fully fund but we hope to put in $75,000 this year until we get our standby fee money. As soon we get it, we should be fully funded. We have some 4 April 17, 1997 monies that are being set aside and there is a budget category for renewal and replacement on the water and sewer plant subject to standby fees. If everybody is paying their fees, it should be fully funded. In the General Fund there are categories that we will be looking at this year. Roads are one thing to be considered. In landscaping, there is a renewal and replacement portion in each year's contract but you can look at putting additional items in there. That is certainly something that we can take a look at in this Budget year. FIFTH ORDER OF BUSINESS Consideration of Award of Contract for the Installation of Landscaping on North Mr. Petty stated we have a bid. We missed having two bids by a technicality when another company inadvertently sent their package to the wrong address. Unfortunately, because of our position or any unfairness that the District may show in this regard, we were not able to take that bid over the phone so we had just the one bid. That bid is from Big Cypress Landscape who is our current Contractor for landscaping in the area and also helped us with the design of this facility. Mr. Barnard stated I guess this is sometimes the price you pay for doing things by the book and the way we are charged with the responsibility of doing it. We had an original bid from Big Cypress Landscape to do this project for $18,000 including the design and by going out for bid specifications, we have a more thorough understanding of what will happen and the result is that we have spent an extra $5,000. What is the pleasure ofthe Board? We have a bid on the table that is a verbal bid but I suspect it is against our rules to accept that. I see that Mr. Solis is shaking his head yes. Mr. Gatti asked what is our Budget on this item? Mr. Petty responded $25,000. It is a line item bid which means that if quantities change, you get the savings. When I prepared the specifications, I considered all the plant material on the high end. I may have as much as 4,000 extra square feet of sod because I counted all the area including the beds because I wanted to make sure that we had our coverage. Mr. Barnard asked do you think it may come in under their bid amount? Mr. Petty responded yes. 5 April 17, 1997 16G 2 Mr. Gatti stated the unit price is controlled and Mr. Petty is saying that we may not use all the units. Mr. Barnard asked what happens if you re-bid? Mr. Petty responded nothing. The only cost you would have is the cost of the advertisement which is about $350. Mr. Barnard stated and another 30 days delay. Mr. Burgeson stated that would let the two people that bid back in. Mr. Petty stated I would assume so. If I remember correctly, the second bid was from Emerald Landscaping. Unfortunately they sent their bid to this site versus delivering it to the administrative office in Coral Springs and because of that reason, I was not able to take the bid. I had a public opening at 3:00 P.M. in Coral Springs and to take the price over the phone can be construed as 'who came first" because the public would not be able to see us do that. Even though no one showed there, we carry on as if the public is present. Mr. Barnard asked what is your pleasure? Gatti responded we might save a few $1,000 if we re-bid it but then might not. Barnard stated this bid might come in higher. ! have seen that again, we Mr. happen. Mr. wood is on Mr. Mr. Mr. Mr. Gatti asked are you familiar enough with the bids to tell me how much those 16 foot Royal Palms? Petty responded that is all truck. Gatti asked are you talking about 16 feet of wood? Petty responded yes. Gatti stated that is a fair price. Mr. Petty stated the spec calls for Class A landscape specifications which do nothing but measure the trucks. If you look on the blueprint, I may have up to double the Royal Palms. I looked at some palm trees and said "if I cannot figure out what they are, I am assuming that those are the most expensive". I made that category nine. Mr. Gatti asked what does staff recommend? Do you recommend that we go with this bid? Mr. Petty responded we think this is a fair bid within the estimates of construction. As you recall, we had an original bid of $18,000 on the project. We think this is reasonable and these prices are within other unit prices that we have received for other landscaping projects in the State. 6 ^pa 17,1997 1 6 G Mr. Gatti asked was there one other bid? Mr. Petty responded yes from Emerald Landscape which I have not reviewed or even opened. IOn MOTION by Mr. Wolsky seconded by Mr. Gatti with[ all in favor the contract for the installation of] landscaping on North Entry Road was awarded to Bigm C~press Landscape in the amount of $231378.20. ~ SIXTH ORDER OF BUSINEI~ Staff P, el~rts A. A~torney Mr. Solice stated everyone has received a letter from Mr. Barnard regarding the possible sale of the North Entry parcel and requesting that the Board discuss possible solutions to the standby fee issue and the judgement that there is now lien on the property. What we need to discuss is some basic parameters of what we can and cannot do as £ar as the Board is concerned. Mr. Barnard stated for the purposes of this discussion, I will step down and ask Mr. Gatti to take over as Chairman. I will excuse myself' for any voting on this but I will answer as many questions as I can. Let me just briefly discuss this, so that everybody who did not get a copy of' the letter can understand what is going on. We have a parcel of' land which has been two and a half years delinquent on taxes and on standby water and sewer fees. We currently have a lien and a judgement against the present owners of' the property in the amount of approximately $60,000. In addition, there have been two tax certificates sold, each for $175,000 and an additional +__~r certificate which will be sold in the first week of' June for another $150,000. The owners of'the property are not able to pay the taxes or the standby fees. If the property continues to sit undeveloped and unbuilt, it will continue to incur liens against it at approximately $180,000 to $200,000 per year. The taxes are about $1§0,000 and by the time they sell the certificate, it will be up to about $175,000. In addition, there is another $25,000 in standby fees. The eventual result will be that one of the tax certificate holders will file for a tax deed and at that time, if there are no bidders in excess of $600,000, the property would go to the holder of the tax certificate and the lien would be extin~ished, unless the property sells for more than enough to pay the three years of taxes plus the back standby fees. Mr. Hardy has reached an a~reement with the current titleholders of the property to ~ive the current owners a considerable sum of` money to basically sign over whatever rights they may continue to hold. You cannot call them the owners because the tax certificate holders have more equity in the property than anybody right now and the District is second in line in terms of equity. Mr. Hardy would take title to the property subject to the tax certificates and subject to all past due standby fees. At that point, he would attempt to work out something with the tax lienholders to at least delay the tax sale because he is not prepared to come up with $600,000 to cash out the property and would be looking for either the holder of one of the certificates which are two banks or someone to provide financing to become basically the land bank. It requires a re-zone of the property because in only a very small portion of it, there are a lot of density units available but they can only be built on the northern one-third of the property. To get that density, you would have to build five or six story buildings which are not marketable. It would require that the zoning be changed to allow the lower density units. He has in mind to build two story condominiums around the front part of the property as well as back towards the hotel. That in itself, is probably going to take four months to go through. We have always taken the position that because of the property not being wetland and not having any particular vegetation other than just grass, there was no logical reason for part of it to be zoned for multi-family and part of it to be zoned for conservation. As I indicated in my letter, Mr. Hardy will be putting out a considerable amount of cash at risk because there is more assurance that the tax lienholders will hold off filing for the tax deed which would eliminate him and the District. With that considerable outlay and with the considerable outlay of going through the re-zone process to add another $30,000 a year carryon to that, the closing of the sale to Mr. Hardy from the present owners requires that they be relieved by the District of their obligations as far as the cancellation of the judgement. The property would then become the sole source of remedy for the District. The standby fees would continue to accrue until such time as financing could be achieved or a development plan could be approved which would allow Mr. Hardy to begin developing the property. The entire amount of all tax liens and all utility service liens would be paid by the financing source and they would pick up any future and standby fees. It basically amounts to a "pretty good" versus a fairly certain Uno chance". The closing requires that the judgement against Mr. Martello be released and that a lien be placed against the property for the current amounts due. Mr. Hardy will have his Attorney review the form of that lien which will be a standard ^pril 16 G 2 lien. Obviously he is not looking for personal guarantees on past standby fees but rather for the property to support those. He is laying out a considerable amount of money to acquire the title interest and obviously he is not doing that with the intent of just sitting there and letting the property continue to build up its debt. Until those issues can be resolved of approximately $600,000 in land financing, he cannot begin development. It's not like $60,000 is going to be paid at closing. Mr. Gatti asked if we drop the liens at this point in time, could we always re-submit those liens or re-establish those liens in the future? Mr. Barnard responded the liens would not be released unless the deal went through closing. Mr. Solice stated if the closing was to occur and there was a simultaneous satisfaction in the judgement and recording of the lien for the past amounts and whatever is due now, there should be no risk. Mr. Gatti stated the liens would go with the property. Mr. Solice stated that is correct. What we have at this point is a judgement lien and the District cannot lien the standby fees as they come due. We would want to include the ones that become delinquent since the time of the judgement because the District does not have the ability just to lien for the standby fees as they come due. Mr. Barnard stated I suspect there will be no objection to include language that would include any standby fees that come subsequent to closing. That is the intent. Mr. Petty stated what we are looking for today is conceptual approval for staff to continue working on this. The idea is that there would not be any change whatsoever. As Mr. Barnard said, you are basically going to a better choice of possible collection. The end result is that once the resident gets in there, that is a stronger base than a Developer or landowner. Mr. Gatti stated our standby fees take us down to about $30,000 a year. Mr. Barnard stated that is correct. When the certificate sells, you collect not only the General Fund dollars and the bond payment dollars, but you also collect additional monies which are penalties and interest. Mr. Gatti stated as it stands now, we are losing $30,000 a year that has to be made up some other place. Mr. Barnard stated that is correct. Obviously for this to make sense, this cannot drag on for another year or two. Obviously every year that goes by, we are talking about another $180,000 to $200,000 in debt against the property to develop it. 9 One of the reasons it is in trouble now is that every other property that Mr. H~'dy has was acquired under the same circumstances. By beginning development, by getting construction financing, by beginning to build and sell, we are able to pass on those assessments to end users which is the way the District was designed to run. Mr. Petty stated the position of the District is that the District does not give away any free water or sewer services which includes standby fees. What we are talking about here is more of, what the settlement is going to be on the standby fees. This is viewed more as a settlement or payment schedule versus any other types. I wanted to clarify that for the public. We are not allowing any reduction in fees or any less of expected revenue to the District. Mr. Gatti stated we are putting ourselves in a better position by doing this. We are going with known entities rather than someone that we do not know with a performance history that has been poor to date. My thinking is that we are all reluctant to see more and more development that is established and in place. With that aside, it is a matter of the quality of the Developer that we have and to work with and I think we are bettering our situation. Mr. Solice stated the Board should consider directing the Attorney's office to do a title search. Mr. Petty stated it would have to come back to this Board for approval. Mr. Barnard stated I would think that Mr. Solice would be looking for direction from the Board to prepare a form of release which would be approved by the current judgement and also a form of lien to be simultaneously recorded against the property. Once you have those two documents, if the deal does not go through, the closing is actually contingent upon their Attorney reviewing the form of judgement, making sure that if this deal closes, they are free and clear and they do not have any obligation. The intent of this Agreement is to transfer the obligation to the new owner with the understanding that he will be going forward with the development plan, re-zoning, getting a design and trying to acquire financing to be able to resolve all of the issues. Assuming that $600,000 is found which is not unreasonable to assume, that would then solve the problem with the tax certificates and the lien. I do not think there would be any objection to language in the lien that carried it forward. Mr. Wolsky stated it seems that we have a zero chance of collecting the judgement that we have against this individual. Mr. Barnard stated I think it is basically going from no chance to a good chance. It is not an absolute guarantee. Mr. Gatti asked do you need Board action? Mr. Barnard responded I need the Board to give the Attorney's office direction. Mr. Gatti asked does any of the public have any comments? Ms. Marchand responded I cannot think of anyone better to put a deal like this together than Mr. Hardy. The judgement is really not in effect anyway because it was put on the wrong person. Mr. Gatti stated each one of these large parcels of property have a user fee that is part of our Budget in terms of running the water and sewer treatment plant. Whether you have an empty lot or you build on your lot, you still pay so much. In addition, you pay for the water and sewer usage. That is how our Budget is made up. Everybody pays so much and it is expected. On some of these empty parcels, the people are not paying the user fees and in this particular case, it is taking us down about $30,000 a year. The piece we are talking about is right across the street between U.S. 41 and the hotel. We are $60,000 in arrears that we have to make up with other funds. The way we have to do it is either to increase the General Fund or to increase the water and sewer fees. The people that own the parcel are not paying the taxes and are not paying the user fees. Mr. Barnard stated that is correct. Mr. Wolsky asked are we talking about user fees or standby fees? Mr. Gatti responded standby fees. Standby means a readiness to serve. We built the plant and all the sewers. The fact that, that is in place and you can use it anytime you want, you have to pay so much for that privilege because you own a piece of land. That is the big picture. Mr. Wolsky asked does this become a lien on the property7 Mr. Gatti responded we imposed a lien on that property. Mr. Solice stated right now we have the Final Judgement and once that is recorded in the public records, it becomes a lien on any real property that the judgement debtor owns in the County. We have a judgement lien. Ms. Marchand stated it is not on the wrong person. Mr. Wolsky asked does this lien take priority just like a first trust lien? Mr. Solice responded it is not similar to a tax lien. It does not have priority over taxes. 11 April 1'7, 1997 1 6 G 2 Ms. Marchand stated that is what Mr. Barnard was explaining earlier. He said that unless all of this money can como together, tho standby fees would bo at the low end of the totem pole and the judgement can go our way. If Mr. Hardy is successful in acquiring the financing, he will pay it. Mr. Gatti stated the status of our lien comes third after taxes, first trust and mortgages. Mr. Barnard stated Mr. Hardy and myself will be doing a title search. I am a partner and that is why I am not involved in tho voting. I am only answering questions. We will have a great interest in making sure that there are not any other liens or mortgages. I have agreed to share the title search with Mr. Solice. Mr. Wolsky asked what is this property worth and how does that relate to the liens in their judgement? Mr. Barnard responded four parcels from each of the multi-family properties have been sold for one year's taxes and almost no cash. In each case the owner took title to the property for the back taxes for the year which was somewhere between $140,000 on one parcel to $190,000 on another parcel and $10,000 or $20,000 in cash. I guess if you went back and tried to do an appraisal, you would find that the multi-family properties are worth one year's taxes. The parcel has somewhat reduced value as it does not have access to the Gulf of Mexico. It has water but you cannot get under the bridge and you cannot go over the weir. The current indebtiveness on this property is three years taxes plus a $60,000 utility service lien. If it goes together and works it is going for approximately three times the price of any other property. Mr. Wolsky asked ifyou were trying to sell it to the Developer, what would it be worth? Mr. Bamard responded I would have to look at past sales and based on that, you would look at something in the neighborhood of $160,000 and $200,000 in my estimation. Mr. Wolsky asked what is the name of the person we have the judgement against? Mr. Barnard responded Mr. Martello. Mr. Wolsky asked is that recorded in Collier County? Mr. Solice responded yes. Mr. Wolsky asked have we done any homework on how expensive those holdings are? April 17, 1997 16 6 2 Mr. Barnard responded he has no other properties in Collier County and he lives in Columbus, Ohio. My understanding is that he only owns his home. I do not have direct evidence of that but that is what he has told me. Mr. Solice stated the Attorney's office as far as I know has not been directed to do any title searches or deed searches to find out what else he owns. Mr. Barnard stated we will get a release of the previous owners by April 29th but if that is not feasible which it is probably not, we will get an extension on that. Assuming we get a direction from the Board that is favorable, I will immediately get an extension of the contract and direction for me to prepare the necessary forms. That in and of itself will give them comfort that there is a deal there. Ms. Marchand stated once your partnership goes through with that deal you still have to satisfy the tax lien. Do you still have to satisfy the tax lien? Mr. Barnard responded yes. You cannot do anything with the property until it is fully paid. Ms. Marchand stated then it would be totally yours. Are you asking for any way of reducing the liens or are you just transferring them? Mr. Barnard responded we are just transferring them. The liens are against the property and we are saying that we will keep them against the property but just change the title ownership. Ms. Marchand stated plus you have something to build there. If he does not pay it, you do not give him service. Mr. Gatti asked did I understand you to say that you would expect to downsize the zoning? Mr. Barnard responded no. What I said was that there was plenty of zoning in density but there is not enough land to put that density on. There are 20 acres zoned and 16 units per acre. We have looked at various site plans and it looks like we might be able to get between 190 and 200 units in there. Mr. Gatti asked are the user fees based on that zoning? Mr. somewhat Mr. Mr. Mr. payment. Mr. Barnard responded no. The user fee is based on the ERC's which are less than that at $154. Gatti asked what is the cost per ERC? Barnard responded $17 a month. Petty stated it is the same monthly minimum as a single family home Gatti asked which is? April 17, 1997 Mr. Petty responded about $17 and change. Mr. Gatti stated so it is $19t a year. That is how we get the $30,000. Right now the only thing that is happening is that, that is being incurred. It is ours. Mr. Martello is in Ohio and things do not look so good. Given that, my sense is that it is a win/win situation for us. Mr. Burgeson stated I a~ree. Mr. Solice stated if we are going to do a title search on the property, we may be able to throw in a search for whatever other property Mr. Martello owns in Collier County. Mr. Barnard stated I think it becomes a moot point. Mr. Solice stated but if he did not have other property, we would at least know that. Mr. Taricska stated my name is Mr. Jerry Taricska and I am with Hole, Montes & Associates. I have been working on the permit for the wastewater treatment plant. Right now we have prepared a joint dredge and fill permit with FDEP & the Corps of Engineers and are currently waiting for the application fee of $500 from the Corps of Engineers. Once we receive that, we will file the permit and wait for their approval to do the work. The work is to clear the dikes from the wetland treatment area to the canal, to clear out the exotics and to fill this small area that is 20 x 25 feet to the depth that would stop the connection between the wetland treatment system and the canal. Mr. Barnard stated I have the permit in my briefcase and unfortunately my briefcase is in the car but I will get it after the meeting. Ms. Marchand is the owner of the property for which access is required and she will need to approve us going in there and doing the work. I have that for her if she wishes to approve it. Ms. Marchand stated I would like to know where this 20 x 25 area is. We have yet to find it. Mr. Taricska stated one of my fellow staff members went out there after FDEP's wetland person went out there and examined the area. They flagged it, photographed and taped the area with surveying tape. My understanding is that FDEP observed wetland vegetation in that area and they consider that to be a connection between the treatment wetland and the canal. This will be tied into the wastewater treatment plant. If we do not sever this connection, the wastewater treatment plant has to go through toxicity tests which costs $2,500 a quarter when you pass it. If you do not pass it you have to go through that again. In order to sever this connection, we satisfied the Corps of Engineers with this dredging. Ms. Marchand stated this all goes back to the fact that the pipeline goes through my property. Are they saying that there could be backflow from the canal? Mr. Taricska responded yes. We have a wetland there that we discharge effluent into from the wastewater treatment plant. Ms. Marchand asked is that what Port of the Islands has approval to do? Mr. Taricska responded yes but there is a connection between that wetland and the canal which is a State waterway. Ms. Marchand asked is it on that 20 x 25 foot area? Mr. Taricska responded yes. This connection makes it a connection between the wetland and the canal. Ms. Marchand stated they found this before. Mr. Taricska stated once you have this connection, you have to do this t~xicity test. Ms. Marchand stated so lets do the connection. Mr. Barnard stated I need a motion to approve the $500 for the permit application fee. Mr. Barnard stated staffis authorized to submit a $500 application fee check to H°le, Montes & Associates and if Ms. Marchand will wait a few minutes after the meeting, I will get the permit for her from my car. Ms. Marchand asked Mr. Taricska, did you say that the purpose is to clear exotics and to fill this 20 x 25 foot area? Mr. Taricska responded yes. Ms. Marchand asked is this all part of the regular process? April 17, 1997 1 6 G Mr. Barnard responded it is a little different only because these are outside of the easement area. That is what the problem is. They go beyond the boundaries of the easement. Is that correct? Mr. Tarieska responded yes. We have a contract for someone to maintain the exotics within the boundary of the wetland but this is outside that boundary. In order for us to know what we are doing over there, I think it would be prudent for us to clear those exotics out and see how much area we need to clear and fill. Ms. Marehand asked will this destroy the exotics? Mr. Taricska responded this will enable us to get the permit for the Wastewater Treatment Plant. We need to have this in order to do that work. C. Manager There not being any, the next item followed. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Mr. Gatti stated we have a petition floating around in the neighborhoods which has to do with soliciting the County Commission to maintain Goal 2 of the Comprehensive Plan. Goal 2 has to do with the State buying all of the land that is immediately North of us. We would like for everyone to sign this petition. Our theory is ~don't throw the baby out with the bath water". The County is saying ~well it takes the State too long to buy it and they are not paying people enough money for the land". Those are valid issues but the idea of buying that land and preserving our water resources for the County~ the City and for this area particularly, is still very valid. We will be going before the County Commission on April 22nd and I would ask you to sign that petition. Mr. Barnard asked does that include buying the approximately 214 homes that are in that area? Mr. Gatti responded I do not know the specifics. There are 42,000 acres that they originally started to buy and they have about 30% of it purchased. It is basically that area between here and 1-75 East of 951. It is also the surcharge area for the wellfields for the County, the City and this area. It is very critical. Ms. Marchand stated I know there are some people here today who are attending their first meeting and are not aware of the procedures so I want them to know that they can speak up at this point. A resident asked with all of these buildings, what is going to happen to our water? Are we going to have to spend more in order for all of us to be able get water? April 17, 1997 16G 2 Mr. Petty responded in our Master Plan for the Water Treatment Plant, there is one addition anticipated for the future and that is another storage tank. Our plants have enough capacity to handle expected buildout at Port of the Islands. The only thing that we look for is maybe some additional storage. We are also looking at renovating the wellfield. The water plant has pretty good capacity. It can do about 420,000 gallons a day. The resident asked what about the pressure? Mr. Petty responded the pressure has to do with our high service pump building and that is part of the Master Plan for revamping some of the motors and pumps that are in there over time. Certainly, we are not going to build a new one. Mr. Barnard stated we have sufcient capacity and sufficient handling for the current and near future. In the long term future, we have sufcient capacity but we will need additional storage and pumping facilities. Mr. Gatti stated so in effect, the quicker we get more residents to use this and pay fees for it, the better off we are going to be. A resident asked who pays for mosquito control? Mr. Barnard responded the District. The resident stated I think they are using a BB gun to spray the liquid. Can ~ e get a 90 mm cannon? Mr. Barnard responded we are limited in the types of control. Right now we are doing mosquito control with equipment that was donated to the District by the previous owner of the hotel, before the hotel was sold. We realized it was going to be a community problem and the hotel owner, prior to selling it, donated the trailer and the spray to the District. You are absolutely right. Unfortunately, because of the location of the property, aerial spraying is not permitted. We have tried numerous times to be included in the mosquito control District for the County but they will not take us as we are too far away and they have no ability to serve us. I guess a bigger trailer and a bigger spray gun would be appropriate. The resident stated I think that would be the way to go because the equipment they have there is useless. You do not need an airplane flying over for this small area. A resident stated the Collier County mosquito control is a tax funded operation. Are we paying those taxes? Mr. Barnard responded no. We would be pleased if they would let us because it would certainly solve the problem but they will not take us. Ms. Marchand asked what flexibility do we have to do things at night as opposed to during the day? Mr. Barnard responded anything that we do basically becomes a Budget item. We have a limited Budget, limited equipment and limited staff. You can bring staff back and pay them overtime or we can hire additional staff but we do not have it in the Budget. When the time comes for considering the Budget, I suspect one of the things we are going to find is that we are running over in our mosquito spray costs. Just what we are doing right now exceeds the Budget. We are going to have to address that and maybe address other items. That of course is part of the fees that are paid through your taxes on the maintenance fees. That went from $110 one year to $157 the next year to $233 this year. If you remember, the original proposal this year was for $260. That is where that comes in. The problem that most of the people have is that the worst of the mosquito problem is when the fewest of us are here. Ms. Marchand stated we are down in the Ten Thousand Islands and exotics have some inconvenience. Mr. Barnard stated we have owners who are adamantly against spraying of any kind of pesticides in the air. Mr. Petty stated we have had experts on mosquitoes that we have talked to and Mr. Stephens has studied for some time and has his license. What Mr. Barnard is basically telling you is the way you have to go. You are either going to be spending more money and time in manpower. We have two different types of mosquitoes here, saltwater and freshwater. We could kill every mosquito on this 500 acre site and be the most efficient mosquito spraying team you every saw and kill every mosquito here. If the wind is blowing at two and a half miles an hour, there will be new mosquitoe, s here within five minutes. What you are seeing with that little spray truck is killing the mosquitoes. You can find mosquitoes dropping from the spray and it provides you with a certain degree of comfort or less mosquito bite power. The resident stated if the machine was three times better, we would have three times better control. Mr. Petty stated you can only kill so many mosquitoes in this 500 acre space. If I used the biggest spray gun there was, I may be able to kill them faster but I can only kill what is in that 500 acre space. We are going out there and spraying like any mosquito control District would do in this area but you have to face reality that you are never going to have in this area a mosquito free environment. It is April 17, 1997 not physically possible. We have checked with experts in over two counties on mosquito control. Mr. Barnard stated there is one thing that you make take comfort from and that is whether it is Naples, Marco Island or Port of the Islands, this is the worst year that we have had in the past 10 years. It has not really been a problem in the seven years that I have been here. We have a couple of mornings where you do not want to be out working in your yard. Mr. Gatti stated as we get bigger and more sophisticated and have more resources to work with, we can look at it a little bit more but right now it is difficult. We could do it better but we need to build up some more and get a few more tax dollars coming in and then we will have another shot at it. EIGHTH ORDER OF BUSINESS Approval of Involces t 5:15 P.M. Chairman Thursday April 17, 1997 4:00 P.M. 1. 2. 3. 4. 5. AGENDA PORTOFTHE ~ CO1VIMUNI'I~ IMPROVEMENT DISTRICT 16G 2 25000 Tamiami Trail East Naples, Florida Roll Call Consideration of Appointment of Supervisor Approval of the Minutes of the March 20, 1997 Meeting Acceptance of Audit for Fiscal Year Ended September 30, 1996 Consideration of Award of Contract for the Installation of Landscaping on North Entry Road Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Approval of Invoices Adjournment #epLes, FL 33940 Affidavit of ~Llcati~ PORT OF THE ISLAHDS 10300 Xg qlTH MANOR REFEREHCE: 0109LB S7468955 Notice Of Meeting Po State of FLorida County of CoLLier Before the undersigned authority, perso~LLy appeared B. Lamb, Yho on oath says that he server ss the AssJsteflt Corporate Se=ret&fy of the NopLe~ DaiLy M~s, a daily newspaper published at NapLes, in CoLLier Co*~nty, FLorida: thlt the attached copy of ~dverttstng ~aa pubUshed tn laid fledspoper off dates Listed. Affiant further says that the laid NOpLee Salty Nevs ia · nevsp~per published at Hiptes, in slid CoLlier County, FLorida, ind thlt the laid nevsp4per has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second class ~atL ·atter et the post office in MapLes, in said CoLLier County, FLorida, for a perLod of 1 year next preceding the first pubLtcatto~ of the attached copy of advertisement; and affiant further says that he has neither paid nde promised any person, fire or coporetton any discount, rebate, coemtsslon or refund for the purpose of securing this advertisement for pubLtcatto~ tn the said newspaper. PUBLISHEO ON: 04/10 AD SPACE: 4.417 INCH FIL£O ON: 0~/10/97 16G Signature of Affiant ,.~1 . /.~ / S~orn to end Subscribed before aa this .// day of ] -'.." PersonaLty known by me .' ~ " . ~ } f,~ ~ -- 2 Kap~el, FL 339~0 Affidavit of PubLication 16G 2 PORT Of THE ISLANDS 10300 NV 11TH HAttOR CORAL SPRZNGS FL 33071 REFER£HCE: 010968 57&6~126 NOTZCE TO CONTRACTOR State of FLorida County of Collier Before the undersigned authority, pereoMLty appeared B. Limbo, vho en o4th saye that he serves es the Assistant Corporate Secretary of the NIpLel DaiLy Heys, a chJLy nevspl~er pubLJlhed at ~l~pLes, Jn CoLLier County, FLorida: t~l~ the attached copy of ~vertJst~ was pubL~shecl in Sat~ nevsp~pee on dates LJlted. Affiant further says that the Imtd NapLes DriLy Nays ~e a nlMspiper published It Naptel, in laid CoL%ter County, Florida, and thlt the laid nevspaper has heretofore been ~tJ~aly ~xJbLish~ tn satd CoLLier County, FLortdl, rich day a~ has been ~ter~ Il le~ CLlll mmtL Mtter it the ~$t offtce Jn Naplll~ in Iltd CoLLier County, FLorida, for a port~ af I yalr next prec~t~ the first ~LtcltJon of the itteched c~y of advertising, nS; ~ ifftl~t further says that ha hal nltthar ~td nor proetl~ iny persen, firm or ¢~orltton ~y dtlCO~t~ rebate, c¢~mm1$sten or ref~ for thl ~rpoll of securJ~ thJ$ ~vertisemet for ~Lt¢ltto~ in the said newspaper, NOT1C~ TO CofcrRACTORS I.M~SCAPE INSTALLATION Of: NORTH ENTRY ROAD WITI'IN THE DISTRICT NOT1C~ ~ HEREBY Gn~.H ~ seMed I:dds vdll be ~ by 1he PORT OF THG ISLANDS COMMUNITY IMPROVEMENT DISTR$CT~ COLLIER COUNTY, F1.ORIDA~ riod M(xxl M ~n4 O~Tk'+ Ofllce, d a s~lnk~ syst~n, rental d exlsflnO, A CerttM(I er Cashie~ Che(~ on a ~b- jnd iris 1hen ~ Ix~c.-M (5%)~ ~ne kJct 0r an Vrevecal~ I.e~r M Cre~t M ~. 16G 2' Resort & Marina April 14, 1997 Board of Supervisors Port of the Islands Community Improvement District Union Road Naples, Florida 34114 Dear Sirs: As Vice President of Golden Florida Resorts, Inc., d/b/a Port of the Islands Hotel Resort & Marina, I would very much appreciate it if you would consider my nomination of Millie K. Strohm ,General Manager, to the Board of Supervisors for the Port of the Islands Community Improvement District. I, Hsiou, Fong HuanlL also known as Bonnia Huang, Owner of Port of the Islands Hotel Resort & Marina, give Power of Attorney to Millie K. Strohrn, General Manager in all matters directly relating to said Pon of the Islands Hotel Resort & Marina facilities. Please accept my nomination, ofMillle K. Strohrn, and consider her for the position of Board Supervisor. Thank you in advance for your attention regarding this matter. Cordially, STATE OF FLORIDA COUNTY OF COLLIER Sworn to and subscribed before me this 14th day of April, 1997, by ltsiou Fong ttuang, who ts personn,',31~' known ~/~/e~. __ I .~ff.x.,~,/~ My commiSS~st, N~ Nationwide 1-800-237-4173 ,' Local (941) 394-3101 · Fax (941) 394-4335 Resort & Marina April 14, 1997 I Millie K. Strohm accept nomination to the Board of Supe~Msors for the Port o£the Islands Community Improvement District. If' chosen/voted f`or this position, I would consider it an honor to represent the Hotel Resort & Marina facility, as well as the community of Developers, Land Owners, Home Owners and Condo Owners. Please accept my apology for not being present at this meeting. Thank you for your consideration of my nomination. Very truly yours, / ..,~/..;~ General Manager CC; Bonnia Huang Owner, Port of the Islands Hotel Resort & Marina STATE OF FLORIDA COUNTY OF COLLIER ~wor~ K. S~rohm, who is personn~lly known to me. My commission expires: to and subscribed before me this 14th day of April, 1997, by Millie 25000 Tamiami Trail East · Naples, Florida 34114 Nationwide 1-800-237-4173 · Local (941) 394-3101 · Fax (941) 394-4335 16~ 2. PORT OF THE ISLANDS COI~ITY IMPROVEMENT DISTRICT GENERAL-PURPOSE FINANCIAL STATEMENTS YF. AR ENDED SEPTEMBER 30, 1996 AND INDEPENDENT AUDITORS' REPORT Hoc-', :Fm~x· 8. Z~o~', CPA.',. PORT OF THE ISLANDS CO~fUNITY IMPR0VEHENT OISTRICT TABL; OF CONTENTS YEAR ENDED SEPTEHBER 30. 1996 16G 2 Independent Auditors' ~epor= General-Purpose Financial Statements: Balance Sheet - All Fund Types and Account Groups Statement of Revenues, Expenditures and ChanEes in Fund Balances - All Coverr~ental Fund Types Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - General and Debt Service Funds Statement of Revenues, Expenses and Changes In Retained Earnin§s - Water and Sewer Enterprise Fund Statement of Cash Flows - Wa=er and Sewer Enterprise Fund Notes to Financial Statements Auditors' Report on Compliance with Laws and Re~ulations Auditors' Report on Internal Control Structure Auditors' Management Latter Mana§ement Rebuttal Letter 2 - 3 7 8 9 - 16 17 18 - 19 20 - 21 22 SUPPLEMENTARY DATA Water and Sewer Enterprise Fund: Schedule of Revenues and Expenditures - Budget and Ac=ual (Budget Accounting Basis) Debt Service Fund and Capital Projects Fund: Schedule of Cash Receipts and Disbursements - Restricted Accounts 23 24 Hocx, F~a~r & Zvo~L~,~, CPA's HocI-I, FREY 8: ZUOM. AIV 1 6 ~ 2 CIrRTIFIrD PUBLIC ACCOUNTANTS A II&I~TNI'I~SHII~ OF II)J~OFrlSlO#)d,. &ISOCIA?IO#S D.v~n B. ZUO~A~, CPA. P.~. JAY Szae~, CPA. D~vzn B. BL~CX. CP~ STZVZ~ G. ~os~. CPA. ~A. December 13, 1996 ND P ND£N AUD 0 $' OR '~a Board of Supervisors Port of the Islands Community Improvement District Naples, Florida Va have audited the accompanying general-purpose financial statements of Port of the Islands Community Improvement District as of and for the year ended September 30, 1996. T~ese general-purpose financial statements are the responsibility of the District's management. Our responsibility is co express an opinion on these general-purpose financial statements based on our audit. Va conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general-purpose financial statements ara free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general- purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general-purpose financial statement presentation. ~e believe that our audit provides a reasonable basis for our opinion. In our opinion, the general-purpose financial statements referred to above present fairly, in all material respects, the financial position of Port of the Islands Community Improvement District, as of September 30, 1996, and the results of its operations and the cash flows of its Enterprise Fund for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, wa have also issued a report dated December 13, 1996 on our consideraCion of Port of the Islands Community Improvement District's internal control structure and a report dated December 13, 1996 on its compliance with laws and regulations, - 2 - Improvement Distr~cc December 13, 1996 Page Two 16G 2 Our audit was made for the purpose of forming an opinion on the general-purpose financial statements taken as a whole. The schedules listed In the table of contents are presented for purposes o£ additional analysis and are not · required part of the general-purpose financial statements of Port of the Islands Coma~nity Improvement District. Such information has been subjected to the auditing procedures applied in the audit of the general-purpose financial statements and. in our opinion, is fairly presented in all material respects in relation to the general-purpose financial etatemente taken ae · whole. Certified Public Accountants - 3 - Hock, F~a~r & Z~ro~,~r, CP~'s 16G 2 Hocx~, F~r & Z~o~.~.w, CPA's PORT OF THE ISLAI~DS CO~UNITY IMPROVEHENT DI$1RICT STATEMENT OF R~E~ES, ~P~DI~ES ~ ~ES IN ~D BA~CES A~ COVE~E~AL ~ 2 Debt Capital Totals Ceneral Service Projects (Memorandum REVENUES Special assessments $213,990 $ 793,784 $1,007,774 Interest ~ ~ ~ 47.8T0 Total Revenues ..~ _~ 2.529 ~ EXPENDITURES Current General Government Personal services Operating Total General Government Flood Control Personal services Operating Total Flood Control 4,200 4,200 43.528 ~.3,528 Debt Service Principal 225.000 225.000 Interest and fees 57~.777 57~.777 Total Debt Service -0- ~ -0- ~ Capital Outlay Total Expenditures EXCESS OF REVENUES OVER EXPENDITURES Fund Balances - Beginning of Year (Note Residual equity transfer (Note 2) FUND BAI.a. NCES - END OF YEAR 35.387 37.626 1,129 74,142 183,253 971,677 61.709 1,216,639 The accompanying notes are an integral part of these financial statements. - 5 - Hocks, Ya~x & Z~O~lA~, CPA's 16G PORT OF TH~ ISL~DS COHKUNITY IMI~ROVEHEMT DISTRICT STATEHENT OF REVENUES° EXPENSES A~D CHANOES II/ RETAINED EARNINCS lATER AND SEWER ENTERPRISE FUND YEAR ENDED SEPTF.2iBER 30, 1996 OPERATING REVENUES Charges for services Wa=er Sewer Meter fees Utility availability Total Operating Revenues 02ERATINC EXPENSES Personal services Materials, supplies, and services Depreciation Total Operating Expenses Operating Loss NONOPERATING REVENUE Interest earnings NET INCOME/(LOSS) Retained Earnings - Beginning of Year Add Deprecia=ion Closed to Contributed Capital RETAINED EARNINGS - END OF YEAR 71,764 67,995 13,669 48,003 224,588 (127,955) (127,192) 4&2,637 The accompanying notes ere an integral parc of these financial statements. - 7 - Hock, Faaa' & Zvo~, CPA's PORT OF THE ISIANDS COMHUNITY IMPROVEHENT DISTRICT STATEHENT OF (;ASH FLOGS WATER AND SE~ER ENTERPRISE FUND YEAR ENDED SEPTEMBER 30, 1996 CASH FLOWS FROM OPERATING ACTIVITIES Operating loss Adjustments to reconcile operating loss to net cash provided by operating activities: Depreciation (Increasa)/decreasa in assets: Accounts receivable Prepaid expenses Increase/(decrease) In liabilities: Accounts payable Customer deposits Total Adjustments Net Cash Provided By Operating Activities CASH FLOUS FROH CAPITAL AND RELATED FINANCING ACTIVITIES Contributed capital Purchases of equipment Nec Cash Used In Capital and Related Financing Activities CASH FLOUS FROM INVESTING ACTIVITIES Interest earnings NET INCREASE IN CASH Cash at Beginning of Year CASH AT END OF YEAR $138,152 13,838 (2,085) (1,256) 2 390 3,080 $(127,955) 23,08& (500) 23. 347 NONCASH INVESTING, CAPITAL AND FINANCING ACTIVITIES Liability Due from Uater and Sewer Fund to General Fund reduced by permanent transfer into contributed capital. The accompanying notes are an integral part of these financial statements. - 8 - Hoc~ i~2L~Y & Z~o~u-r, CPA's PORT OF THE ISL~D$ COMMUNITY IMPROVEMENT DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1996 16G 2 NOTE 1 - NOTE 2 - REPORTING ENTITY Port of the Islands Community Improvement District (the District) was created September 16, 1986 by Ordinance 86-64 of the Board of County Commissioners of Collier County, Florida, pursuant to the authority of Secc£on 190 of the Florida Statutes for the purpose of establishing and maintaining a water and sewer system, road end drainage systems, and other systems and facilities as provided in that statute. The District is governed by a five-member Board of Supervisors. Board members serve four or two year terms which are staggered such chat three members are elected ac the landowners' meeting held every cwo years. The Board has final responsibility for all financial actions and the District receives no financial support from ocher governmental entities. The District eenda certain reports to Collier County and various departments of the State of Florida. However, the Board of Supervisore of Port of the Islands Co,unity Improvement District has legal, financial and administrative autonomy with respect co the county and state. All activities of the District are included in the funds described in Note 2 below. SU~d~Y OF SIGNIFICANT ACCOUNTINC POLICIES The accounting policies of Port of the Islands Community Improvement District conform to the generally accepted accounting principles (CAAP) as applicable to governments. The following is a summary of the more significant policies: GOVERNMENTAL FUND TYPES GENERAL FUND The General Fund is established to account for all financial transactions hOC properly accounted for in another fund. DEBT SERVICE FUND The Debt Service Fund is used to account for the accumulation of resources for, and the payment of. general long-term debt principal and interest. CAPITAL PROJECTS FllND The Capital Projects Fund is used to account for financial resources used for the construction of flood control facilities and related land improvements and chose constructed for the water and sewer system. - 9 - HOCH, Fux & Zuo~,~, CPA's 16G 2 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1996 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) PROPRIETARY FUND TYPE VATER AND SEVER ENTERPRISE FUND The Uater an~ Sewer Enterprise Fund is established to account for activities that are financed and operated in a manner similar to private business enterprises. The costs of providing services to the general public are recovered primarily through user charges. ACCOUNT GROUPS GENEP. AL FIXED ASSETS AND GENERAL LONG-TERM DEBT The general fixed assets and general long*term debt self-balancing groups of accounts are used solely to account for the long-term assets and liabilities that are not properly accounted for in the Covernmental Funds. Purchases and sales of long-tern assets are recorded as expenditures and revenues in the Governmental Funds. Maturities of long-term debt principal are recorded as expenditures in the Debt Service Fund. All property and equipment, including public domain general fixed assets (such as roads and canals) are recorded at cost. Those assets purchased by and used in the general operations of the District are accounted for in the general fixed assets group of accounts. No depreciation has been provided on general fixed assets, Donated fixed assets are recorded on the books at the estimated market value at the data of donation. Construction in progress on the water and sewer system is accounted for in the general fixed assets account group. Upon evidence of completed construction, these items are transferred to the Water and Sewer Enterprise Fund. These two account groups are not "funds". the measurement of financial position. measurement of results of operations. They are concerned only with They are hOC involved with - 10 - Hock, l~aax & Z~ro~_~av, CPA's PORT OF THE ISLANDS CO~4UNITY IMPROVEMENT DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1996 16G 2 NOTE 2 - SUMPL~Y OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ENTERPRISE FUND FIXED ASSETS Those assets placed in service by and used in the utilities operations are accounted for ac cost in the Enterprise Fund. Depreciation has been provided over the estimated useful lives using the straight-line method. Estimated useful lives range from 5 to 50 years. Construction period costs such as bond discounts, finance and administrative costs have been capitalized. Donated fixed assets are reported at their estimated fair value on the dace donated. TOTALS - (MEMORANDUM ONLY) COLUPINS The totals columns on the financial statements are captioned "Hemorandtu~ Only" to indicate that choy are presented only to facilitate financial analysis. Data in these columns do not present financial position, results of operations, or cash flows in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. Interfund eliminations have not been made tn the aggregation of this data. BASIS OF ACCOUNTING The Governmental Funds are accounted for using the modified accrual basis of accounting. Revenues are recognized when they become measurable and available for use. Property taxes (special assessments) are recognized in the year they ara billed and collected. Expenditures ara generally recognized when the liability is incurred, except that interest payable on general long-term debt is recognized only when due. Accrued interest on general long-term debt, not reflected in chase statements at September 30. 1996 was $226,313. The Water and Sewer Enterprise Fund is accounted for using the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when incurred. In accounting and reporting for its Water and Sewer Fund, the District applies all applicable FASB pronouncements issued on or before November 30, 1989 that do not conflict with or contradict GASB pronouncements. The basts of accounting applied to each Governmental Fund budget is the same as the basis utilized by each respective fund. The Water and Sewer Enterprise Fund budget is not GAAP basis and is presented only tn the accompanying supplementary data. - 11 - Hoczr~ F~w~y & Z~o~, CPA's PORT OFIS DS IMPROVEMENT DISTriCT ! 6 G NOTES TO FtN CIAL STATEM TS SEPTEMBER 2,0, 1996 2 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) BUDGETS On August 17, 1995, the District adopted the operating budgets for the current year. The Capital Projects Fund was not budgeted. Unexpendad balances expire at year end. The District does not use formal encumbrance accounting. Legal budgetary control is exercised at the program (total expenditures) level. The budget overexpenditure in the Debt Service Fund consists of principal paid from prepaid assessments which is required by the bond indenture and accordingly is not contrary to law. ACCOUNTS RECEIVABLE Accounts receivable reflected in the Water and Sever Enterprise Fund consist of charges to customers for service and availability. Management is making all reasonable efforts to collect receivables. However, accounts totaling $48,531 are over ninety days old. Due to statutory and other controls in place, the accounts are entirely collectible. Uncertainty as to the date(s) these amounts will be collected precludes any reasonable estimation of the current present value. Accordingly, no allowance for realizable value is included in these financial statements. CONTRIBUTED CAPITAL Contributed capital includes a non-routine transfer of residual equity from the General Fund; water, sewer, and irrigation improvements and certain customer charges related directly to the cost of acquiring capital assets. Cash flow shortages in recent years in the Water and Sewer Fund have been supported by advances from the General Fund. In the current year, the Board of Supervisors approved a $25,034 permanent residual equity transfer from the General Fund to the Water and Sewer Fund. Improvements are constructed in the Capital Projects Fund and transferred from General Fixed Assets to the Enterprise Fund when complete. The cons:ruction is financed by Special Assessment Bonds and the asset transfers to the Enterprise Fund are accounted for as contributed capital. The portion of meter use fees equal to the cost of meters installed is included in contributed capital. Depreciation on meters and contributed utility improvements is a reduction of (closed to) contributed capital instead of retained earnings. - 12 - Ilocw, F~,~, & Zuo~, CP.¥s PORT OF THE ISLANDS COFJiUNITY IMPROVEHENT DISTRICT NOTES TO FINANCIAL STATEHENTS SEPTEMBER 30, 1996 16G 2 NOTE 2 - SUMHARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) CONTRIBUTED CAPITAL (Continued) The following is a schedule of changes in contributed capital: Equity Balance-Beginning of Year $ -0- $3,618 $~,589.738 $&,593,35& Additions 25.03& 3,080 -0- 28,114 Depreciation -0: (A01) ~ ~ BALANCE-END OF YEAR $25.0~ ~6.297 PROPERTY TAX CALENDAR (SPECIAL ASSESSMENTS) Assessments are validated with the Collier County Property Appraiser and collected by the Collier County Tax Collector. The key daces in the property tax cycle are as follows: Precedi~s~ Enforceable lien date Assessment roll validated Assessments levied Current F seal ea Beginning of fiscal year for which assessments have been levied Assessment bills rendered Assessment due date Delinquent tax lien Tax certificates sold January 1 July 1 August 17 October November March 31 April 30 June 1 NOTE 3 - CASH AND INVESTMENTS Florida Statutes provide that the District may deposit its public funds in the Florida State Board of Administration Local Government Investment Pool or in banks and savings associations chat participate in the Florida Multiple Financial Institution Collateral Pool. All cash deposits are classified as fully insured. The 1990 Bond Resolution provides that the District may invest debt service funds only in U.S. Treasury obligations, repurchase agreements (if the trustee cakes possession of the underlying collateral), or certificates of deposlC at qualified banking institutions. All deposits and investments during and at the end of the year were in compliance with statutes and the bond resolution. Amounts are reported at cost which approximates market value. - 13 - Hoc~r~ FmzY & Z~o~, CPA's PORT OF THE ISLANDS COI~HUNITY IMPROV~HENT DISTRICT NOTES TO FINANCIAL STATEHENTS SEPTEHBER 30, 1996 168 2. NOTE 3 - CASH AND INVESTMENTS (Continued) The following is a schedule of the District's cash and investments at September 30, 1996: Insured - FDIC Insured - Local Covernment Investment Pool Mutual Fund backed by U.S. Treasury Securities held by and registered to the bond trustee U.S. Treasury Securities held by the bond trustee and registered to the District Totals (Memorandum Only) Restricted $85,166 $10.273 $ 75,362 851.961 The Water and Sewer Enterprise Fund maintains amounts of cash restricted for the purpose of: NOTE 4 - Future repairs and maintenance $ 5,000 Customer deposits 5~ Total Restricted Cash ~ PROPERTY AND EQUIPMENT AND PRIOR PERIOD ADJUSTMENT During the preceding fiscal year, the District conducted construction of a project that involved cost sharing with the primary developer. The Developer made a deposit into an escrow and the District paid the developer's share of construction costs in the amount of $7,689 from the Capital Projects Fund and reported expenditures vhich understated Capital Projects Fund balance. The District also reported additions to general fixed assets which overstated improvements other than buildings. During the current year, the District collected cash for the developer's share of construction. Hoc~r~ Fa~r & Z~ro~, CPA's PORT OF T.E ~S~S :O~.I~ I~PRO~.~.T ~ISTRICT i 6 G 2 NOTE & - PROPERTY AND EQUIPMENT AND PRIOR PERIOD ADJUSTMENT (Con=inued) The following is a schedule of adjustments to amounts previously reported and changes in general fixed assets: Balance-Beginning of Year: As previously reported Cost adjustment As restated Assets acquired General Fixed Assets Improvements Other Than Buildt~gl Capital Projects Fund Fund Balance $l,636,373 $56,020 (7.6893 . 7,689 1,626,686 S61.709 1,600 BALANCE-END OF YEAR $1,628.086 The following is a schedule of changes in enterprise fund fixed assets: Water and Sewer Enterprise Fund _Land Improvements Other Than Buildin~s Total Balance-Beginning of Year $90,680 $5,235,631 $10,880 $5,336,991 Assets acquired 3,580 3,580 BALANCE-END OF YEA~ ~90,&80 Accumulated Depreciation: Balance . Beginning of Year Additions BALANCE - END OF YEAR $5.235.631 ~16,&60 $5.340,57% NET PROPERTY AND EQUIPMENT $326,666 $3,849 $ 330,515 ~464,193 ~6,676 ~ ~68.667 1.5 - Hocz~, Fa~x & Z~;o~r, CPA's 16G POKT OF THE ISLANDS COMMUNITY IMPROVEMENT D~STRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1996 NOTE 5 - BONDS PAYABLE Special Assessment Bonds Series 1990 were issued October 25, 1990 in the amount of $7,000,000 to finance the acquisition, cons:ruction and £nstallation of the Distr£ct's Water Hanagement System and Water and Sewer System. The District covenants to levy special assessments In annual amounts adequate to provide for payment of debt service and reserve requirements. However, payment of principal and interest on the bonds ts dependent on the money available in the Debt Service Accounts and the District's ability to collect special assessments levied. Interest ts payable on the first day of each May and November at a rate of 9% per annum. Special assessments may be prepaid in part or tn whole at the option of the lando~er. On the next interest payment date after special assessments are prepaid, the District is required to use the prepaid special assessment proceeds to redeem bonds at par plus accrued interest. The bonds are subject co optional redemption by the Dtscric~ on or after Hay 10 2000. Handatory princ£pal payments are payable on a schedule through Hay 1, 2011. During the year the District redeemed bonds tn the amount of $225,000 of which $10,000 was paid from prepaid assessments. Total bonds payable was reduced from $6,260,000 to $6,035,000. The following ts a schedule of debt service requirements for the next five years and thereafter: GENERAL LONG-TERM DEBT Year Ending S_~ptember 30~ ~ Interest Total 1997 $ 230,000 $ 543,150 $ 773,150 1998 255,000 522,450 777,450 1999 275,000 499,500 776,500 2000 300,000 474,750 774,750 2001 330,000 447,750 777,750 Thereafter 4 645 000 ~ ~ NOTE 6 - BOND RESERVE REQUIREMENTS The 1990 Special Assessment Bond indenture requires the establishment of a reserve account equal to 10% of the gross proceeds of the bonds. A $700,000 reserve fund was established accordingly. The balance in the reserve account at September 30, 1996 was $708,370 which included $9,2&1 accrued interest income. - 16 - Hoclz. Fizzy & Zt~oH~r, CPA's I-IocH, F~EY & ZUGlVIJdV CE:/~TIIr[I£O PUeLIC ACCOUNTANTS DAVID B. ZUO~<.A~', CP4. P.A. JaY S"'aBI~. CPA. P.A. D~v~D B. B~CX. CP.~ P.A. Fezo~n~cx S. WE~STZt~. CP~ ~A. STZVZ~ 0. Rosz~, CP~ P.A. GLz~ ~. GEF~En. CP~ P.A. Jowl HocH. CPA - RETIRZO SANU~Z, FRvy. CPA - RETIe'IlO ~NCTU&~y CtNTN[ O-SUITE December 13, 1995 2 i The Board of Supervisors Port of the Islands Community Improvement District Naples, Florida RE: REPORT ON COHPLIANCE VITH LAgS AND REGULATIONS Va have audited the general-purpose financial statements of Port of the Islands Community Improvement District, as of and for the year ended September 30, 1996, and have issued our report thereon dated December 13, 1996. Va conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general-purpose financial statements are frae of material misstatement. Compliance with laws, regulations and contracts applicable to Port of the Islands Community Improvement District is the responsibility of the District's management. As part of obtaining reasonable assurance about whether the general-purpose financial statements are free of material misstatement, ve performed casts of the District's compliance vich certain provisions of laws, regulations and contracts. Hovever, the objective of our audit of the general-purpose financial statements vas hoc Co provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance thac are required to be reported herein under Government Auditing Standards. This report is intended for the information of management. However, this report is a matter of public record, and its distribution is not limited. HOCH, FREY & 2UCHAR Certified Public Accountants - 17 - DAVID B. ZUOMA~. CP~A~ P.A. JAY SIlqnlN. DAVID B. S~EvE~ O. Ros~. CP.~ OL~ ~. Ox~R. CP~ P.~. December 13, 1996 The Board of Supervisors Port of the Islands Community Improvement District Naples, Florida RE: REPORT ON INTERNAL CONTROL STRUCTURE We have audited the general-purpose financial statements of Port of the Islands Community Improvement District as of and for the year ended September 30, 1996, and bare issued our report thereon dated December 13, 1996. Va conducted our audit in accordance with generally accepted auditing standards and Covernment Auditing Standards, issued by the Comptroller Ceneral of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general-purpose financial statements are free of material misstatement. The management of Port of the Islands Community Improvement District is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and Judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are co provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and thac transactions are executed in accordance with management's authorization and recorded properly co permit the preparation of general-purpose financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. - 18 - Port Of the Islands Co.unity Improvement District December 13, 1996 Page Two In planning and perform£ng our audit of the general-purpose financial statements of Port of the Islands Community Improvement District for the year ended September 30, 1996, we obtained an understanding of cha internal control structure. With respect to che internal control structure, va obtained an understanding of che design of relevant policies and procedures and whachar chey have been placed In operation, and we assessed control risk in order to determine our audlClng procedures for the purpose of expressing our opinion on the general-purpose financial statements and hOC to provide an opinion on the internal control structure. Accordingly, we do not express such an opinlon. Our considerac~on of the internal control structure would noc necessarily disclose all matters in ~he internal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. ^ macer£al weakness £s a cond~tion in which the design or operation of one or more of the specific internal control structure elements does not reduce to a relatively low level the risk that errors or irregularities in amounts chat would be material in relation to :he general-purpose financ£al statements being audited may occur and not be detected within a timely period by employees in cbs normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operations thac we consider to be material weaknesses as defined above. However, we noted ocher matters involving the internal control structure and its operation chat va have reported to the management of Port of the Islands Community Improvement Discr£ct, in a separate letter dated December 13, 1996. This report is intended for the information of management. However, chis report is a matter of public record, and its distribution is not limited. HOCH, FREY & L~IIGMAN ' Certified Public Accountants - 19 - Hocks, F~.a~r & ZvoMzaw, CPA's Hock, & Zuo 16G 2 · 19 - Hoc~, FRaY & Zvo~, CPA's D~vlo tL ZUO~-AX. CPA. P.A. J~,v SZRBI~. CPA. P.A. D,vID B. I~LACX. CPA. P.A. Fazo~x~C~ S. We~s?~, CPA. P.A. S ;zv~ G. Rosz~. CPA. P.A. GL~ N. Oe~r~R. CPA. P.A. q]O~:~ HOCI~, CP.~ ' RI:T[1qlED 16G December 13, 1996 2 The Board of Supervisors Port of the Islands Community Improvement District Naples, Florida RE: MANAGEMENT LETTER Gentlemen: This letter is written in conjunction with our audit of the general-purpose financial statements of Port of the Islands Community Improvement District, as of and for the year ended September 30, 1996. The purpose of this letter is to communicate to you our comments and recommendations, and to comply with the requirements of Chapter 10.550 Rules of the Auditor General. During the current year audit, we noted the following: Finding: We found that, after water meter deposits and meter fees are collected, meters are turned over to builders but the builders are not installing the meters right away. The money collected is deposited promptly, but the information is held by the field manager unt£1 the builder installs the meter and then the applications are sent to the billing department. As a result, the billing records and accounting records do not aeree with moneys collected and control of the meter is given to builders. Recommendation: Wa recommend that District staff should first collect the meter fee and customer deposit, fill DUC the application and establish an account with the utility billing department. Then, when the builder is ready, District staff should supervise et perform the installation and review the information being provided to the utility billing department. - 20 - · 20 - ~orc of the ~slands Community Improvement D~scric~ December 13, 1996 Page Two 16G 2 The follow~ng s=atemen=e relate co requirements of the Audi=or Ceneral: There were no findings or recommendations reported for the audit. preceding 2) The District is hOC in a acate of financial emergency as a consequence of conditions described in Section 218.503(1) Florida Statutes. The financial report filed with the Department of Banking and Finance for the period ended September 30, 1996 is in agreement with the annual financial audit report. There were no violations of laws, rules or regulations discovered during our audit. There were no illegal or improper expenditures discovered during our audl~. There were no matters requiring correction discovered during our audit. Very truly yours, HOCH, FREY & ZUCHAN Certified Public Accountants - 21 - Hock, l~w & ZVO~tA~, CPA's 166 2 AUDITEE'S RESPONSE TO MANAGEM'ENq' LETTER CON~IE~NrI'S PORT OF THE ISLANDS COIV~IUNITY IbIPROVFa¥1ENT DISTRICT FISCAL YEAR Ei~3ED SEPTE~ 30, 1996 Finding. We found that, after water meter deposits and meter fees are collected, meters are turned over to builders but the builders are not installing the meters right away. The money collected is deposited promptly, but the information is held by the field manager until the builder installs the meter and then the applications are sent to the billing department. As a result, the billing records and accounting records do not agree with moneys collected and control of the meter is given to builders. Recommendation. The District should first collect the meter fee and customer deposit, fill out the application and establish an account with the utility billing department. Then, when the builder is ready, District staff should supervise or perform the installation and review the Lrfformation beLng provided to the utility billing department. Management's Response. The District has implemented the procedures outlined in the auditor's recommendations which should prevent any future timing differences between the bikting records for customer deposit receipts and the accounting records. Submitted this 10th day of February, 1997. Port of the Islands Community Improvement District By: Rhonda K. Archer Chief Financial Officer - 22 - 166 PORT OF THE ISLANDS COHHUMITY IMPROVEHE~T DISTRICT WATER AND SE~ER ~ERPRISE ~D SCHEDULE OF R~ES ~ ~P~I~ES BUDGET ~D A~AL ~ ~DED SEPT~B~ 30, 1996 (B~G~ ACCO~X~G BASIS) 2 The budget is prepared on the accz~al basis of accounting with major adjustments as l~dicated in the reconciliation below: REVENUES Charses for services Water/sewer $136,548 $139,759 Utility ava£1abll~ty 144,000 129,360 Connection fees 15,000 -O- Meter fees 5,000 16,7&9 Interest ~ Total Revenues EXPENDITURES Personal services Materials, supplies and services Total Expenditures Operating Income Reconc~l~ation With Reported NeC lncome/(Loss) Depreciation Meter fees contributed capital NET XNCOME/(LOSS) 53,416 48,003 I&,OAO (138,152) - 23 - ~Iocz~, l~msT & Ztro~.~r, CPA's Hoc~r, :F~wT & Z~ro~t~r, CPA's ,I - 2~ - HOCk, F~.~'~ & Z~;o~r, 16G 2 BIG C~ress Land.cape Maintenance Ce., Inc. 12593 E. Tamlsmt T~, ~u~e ~11 Naple., ~ ~113 Phone ~1) ~7 F~ ~41) 417-1~1 April 9, 1997 16G Pon of~he Islands Comimmit7 Improvement District ATTN: John Petty 10300 N.W. 1 lth Manor Coral Springs, FL 33071 De~' $ohn, PL'ase find enclosed the bid for landscape instalhtlon for the north ~ntry at Pon of the Islands, Naples, Florida. Also please lind information requested in Suction 1 of the specifications. F'u'st Union National Bank 125 N. Airport Road Naples, FL 34104 Checking acct. # 2090001521512 Lawn Equipment Center 969 2.nd Ave., N. Nr.ples, FL 34104 (941) 649-5995 Krantz Mobil 3300 Davis Blvd. Naples, FL 34104 (941) 774-1099 Gulfcoast Landscape Supply 5000 Davis Blvd. Naples, FL 34104 (941) 774-9652 Glen Manor Condominium ATTN: $ohn Fisher 145 I0 Vanderbilt Drive Naples, FL 34110 (941) $92-7466 16G 2' Page 2 Collier County Occupational License #88082l Expiration date: 9-30-97 Collier County & City of Naples Competency License #974SP Expiration date: 9-30-97 Stcx en F. DeHcCave Graduated from University ofFlorida, Gainesvill~, Florida in 1982/Batchelor degree in Landscape Architecture. 15 years hsnds on experieace in field. Thongs C. Simmons C, raduated ~'om Lely High Schoo{, Naples, Florida in 1978. 18 years experieuce iu landscape installation and malntenauce. Elizabeth Lake Graduated ~om Rochester High School in Michigan in 1970. Two years college edueatiou at Grand Valley Uuiverslty, Grand Rapids, Mlchisan. One year educatiou at Poutia¢ Buduess Institute in Pontiac, lViichigan. 25 years expetlen~ in lmsiness management and bookkeeping. Aisc please fiud attached ce~tit]cate of insurance and financial statement am of 2-28.97. Should you have auy questions, please do uot hesitate to call n~ at (941) 649-4547 at your convenience. Thauk you. Sincerely, BIG CYPRESS LANDSCAPE MAINTENANCE CO., INC. Thomas C. Simmons President Attachments TCS:el 16G 2. ,,~. ~ ,~. NO~I'H £NTRY ROAD &) I!0 D~arf Dale (Triple Head~ ~ -~ c) 16' R~'al Palms ~ e) ~Cub~n ~urcls ~ ~ I) ~oratam ~ (Sand Grown) _~ ~ J) Aulemal~c Irn~ation System __~ ~ k) Rework ~1~ ~ I) Meb~hzal~on __~ ~ m) Mulch __~ ~ · N/A · NOT APPLICABLE " L..g. LUMP SUM "' EA · £ACH .... SF · .SQUARE FOOT UNIT 4L. DO :-2.5:_-, __~__t~.._.o 16G 2 32 Ap~-24-97 ]0:43 PO] REALTY 813-394-8090 P.02 2 April 1, 1997 PORT OF THE ISLANDS REALTY, INC TMN3h~nl M1-3~g-1M3~ Richa-d Gatfi Bernard Wolsky Richard Burgeson Andrew Solis, Esquire Re: Noah Entry P~rcel William Martello to NorthPort Developmem, Inc. A corporation formed by Robert Hardy and 1'oonm~ Bunard has reached agreement w~th the ow~e~ or'the above referenced pucel at Poa o£the Istan~, with the hope ofcreatlng · new condom~um oa the property. A~ you lag)w, t~s I~d is the District lien, ~11 orwhich tot~J approximately $S$0,000.00. Obvkxtl~r Mr. Hardy ~md ! are not prepm'ed to la7 out this Imount of'cash, Io the dgvdopment ~ require a great deal ornegothtion with banks that hold the cenRic~tes u wea u wi~ the District. ~ c]os/n8 or' this purc.~ of l~d'. Mlttello's inter, ts tequrlres the cance~ of the lien ,a~d judgcme~ ,~ k~'. Martdlo sad Mt. Clan& ~ purchasers am willing to have · li~ placed a&dn~ the Ixoperty for all pest Standby Fern with all ~erest, plus any additional amoums that may accrue prior to obtaining acqubaT~o~ sad devdo~ ~ng fix the projoct. It is importJm to understand ~ ir'no resolution can be readzed with the ct~Rcate holders the fees w~! coeti~ue to be trepan. Zt is our feeling that the otdy way the Distr~ las a dumoe ot'coaec:tln& the past ·nd fi~ture s~ar~y amounts is through the devdopmeat or'the property. To sJlow taxes and mi]ity tees to cotuinue to mount sd in~ultum ~ tmdoubled~ resul~ in a tax sale which could quite po~bly e. Jh~e the ~ thst we can ~ go forwazd w~tb the purchase or terra,ate the ~ontr~t I wifl be p~ to answer any questions, but ofcourse ~11 ~ot vote oat]~ umle~. TY, INC · President ' 16G 2~ Port of the Islands Community Improvement District General Fund Balance Sheet F~Tne Pedod Ending March 31, 1997 Cash Due from Wate~ & Sewer Investment - State Board Deposits Due from Debt Service [Total Assets $46J~30.91 S69,524,77 $67,342.85 ~200.00 $2,045.23 Fund Balance - FY 1996 Current Change In Fund Balance ~es & Fund Equity $196.9~9.58 (S 11.~15.82) 16G 2 Intm, m t Incon'm lUto~:)e~ Tax Total Reven~ ~ A~t ~ ~mt~ ~t ~t [~ ~ D~ O~ C~t C~ C~ ~ T~al ~ C~ ~n Wat~ ~to T~al E~n~uree Net I~ Port of the Islands Community improvement District General Fund StatG-nent c~ RewcyJes cr~ Expenses For 1~ Pe~cx~ Enclk'~ March 31.1997 1197 11~m 3/31/97 Varlafl~e S3,COO.00 S 1,~0.00 S2.182.o6 S682.06 $236,22~.CX) $118.114.C0 $75.756.4~ (342,367.55) ~____~____=_~8.00 I 9,...6 4.00 77,93.8.51 ( I 675.49) SS,3CO.~ S3,091.67 S3.16~.12 S6,~O.~ S3~.00 S!.,~G.03 12,000.00 S6,000.O0 S2,109.03 S3.890.97 S~.~O.CX) S3.CCO.OO S2,6C~.12 S397.84 S3~47.C0 $1 ~23.~0 S1.823.52 S2.315.00 S1.157.~0 S1,157,52 SSC:O.0O S~C).CO S733.79 S66.21 S?.8?5.GO S3.937.EQ S3.937.,~0 SO.CO $750.00 S375.00 SO.CO S375.CQ S62~.00 S312.50 SO.iD3 S312.50 $10C3.0~ S~.CO SI.CO S49.00 Sl ,SCO.CX) S750.C0 L437.63 $342.37 SI.2C0.00 S~O.00 S6~0.63 (S60.63) SS00.CO S2S0.CI0 S73.24 S176.7& S,,'300.CO S250.C0 $263.21 ($13.21) S,~.C~ S2~.C0 $14.40 510.60 $250.00 S125.00 S46.78 S78.22 SI75.0Q MTn) S175.00 (,~7.,~0) 62. 2.00 34, ~0, 30, .99 ,51&.i& 76,596.00 ~,9,$2 .00 .~ 9,092. 3.4 30,733.6~ 239 228.00 28, . &9.Z' 5-4,,*~3 3,8 '~ 1.84 16G 2 [Total Assels Port of the Islands Communily Improvement District Water & Sewer Fund Balance S~eet The Period Ending March 31, 1997 Cash Accounts Receivable Standby Accounb Receivable Meters In Field Water & Sewer System Equipment Less: A~ed Dep,-eclatlon ~27,01~4.$ I $74,634.12 $7,880.20 ~26,111.14 Due to General Customer Deposlts Health Insurance Uabfllty Contributed Capital Contributed Capital - Meter Reserved for Maintenance Fund Balance -FY 1996 Current Change In Fund Balance Llabllltes & Fund Equ~ ,,~4.589.737.74 $3,618.10 16G 2 I~,ga ~k~ Wafw Rev~K~ Fee Cc~fl~cr, o~ Fee Port of the Islands Communih/Improvement Distdct Water &,~wer Fund Foc'fl'~ I~ ~/v~ 31,1997 vc.,,,,,. ] 947.00 9 .iX} 32,92{. S 9~7.8,5 25 39a.00 2 .00 63,02&.&l, 91.12 :25 345.00 .O0 9~ .03 .97 166 ;16G 16G 2 !16G 2 ui .o 16~ ~ t ~j Z oo o i~G 2' oo 0 O 0 0 0 t t o 16G 2 i FORM 8B MEMORANDUM OF VOTING CONFLICT FOR i.C_OUNTY, MUNICIPAL. AND OTHER LOCAL PUBLIC_OFFICERS WHO MUST FILE FORM 8B This form is for use by an)' person serving, at the count): cie); or other local lo'el of ~overnment on an appointed or elected boaM, council, commission, authorJt); or commiuc,. It applies equally IO members of advisory and non-advisor, bodies who am presented with a voting conflict of interest under Seclion ]I2.3143. Florida Statutes. The requirements of this law are mandaton..: ahhou~:h the use of this particular form is not required by law. you are encouraged to use it in making the disclosure required by law. 'Your responsibilities under the law when faced with a measure in which you have a confli.~ of interest will vary greatly dependinl on whether you hold an elective or appointive position. For this reason, please pa)' close attention to thc instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH ,SECTION 'H2.3'143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowinl=ly voling on a measure which inures to the special gain of a principal (other than a government agency} by whom he is retained. ]n either cast, you should disclose thc conflict: PRIOR TO THE VOTE BEING TAKEN by publicly statln:, to the assembh, the nature of your interest in the measure on which you arc abstaining from voting; ~,~ ' WZTH]N ]5 DAYS AF'TER THE VOTE OCCURS hy completing and tiling this form with the person responsible for re:ordin~ the minutes of the meeting,, who should incorporate the form in the minutes. APPOINTED OFFICERS: , A per/on holding appointive county, municipal, or other local public office MUST ABSTAIN from votJnil on a mtzsure which inures to his special prh'ate gain. Each local officer also is prohibited from knowingly votiniI on a measure which inures Io the special gain of a principal (other than a government agent...) by whom he is retained. A person holding an appointive local office o herwise may participate in a matter in which he has a conflic ' disc ose the na:ue t of interest but musl · r ofthecon~c~ befor~makin.am a----- ..... "' ....... ' made by the officer or at his direction. ,.- . ,cmp~ ~o m~uence tnt aeclslon Dy oral or written communicatior., whethe: IF YOU. IN'TEND TO .k'l.a,~E ANY ~,TTE.\IPT TO IN?LL:ENCE THE DEC~SIO',~ PRIOR TO THE .~IEETING .aT WHICH THE VOTE ~'ILL BE TAKEN: · 3bu should complete and file [hi.~ torm ~btlort makin~ any attempt IO influence :h,- decision! wick ~he ptrsor, responsible for recordinil the minutes of the meeting, who will incorporate the form in the minutes. · A cop.',' of the form should be providec~ Jmmedlaleiy to the other members of the agency, · The form should be read publicly a~ the meetini: or or to consideration of the m,t~¢r in which you have a con/Jim of imerts:. IF YOU M^I~E NO ATTEMPT TO INFLUENC£ TH£ DECISION EXCEPT BY DISCUSSION' AT THE MEETING: You should dlsclose oralb' ~hc n3~ure of ~'our conflic~ in ~he mc3su:e before pa~icipatin~. You should complete thc form and file it wi[bin ] ~ da)~ after ~he Yore occur~ ~ ith the per~on responsiblr for recording the minut~ of the motrin;, who should incorporate th~ ~orm in Iht m~nutcs. ~ DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ~,her¢.bydisclo,etha, on .,~-~/L~.~// / ~ (a) ^ measure came or will come before my a~ene.v which (chec~ one) ~ in::red to my special private gain: or ~ inured lo the special ~ain or (b) The measure berore ~}' agency and Ihe nature or m}' imeres~ in ~he measure is as follows. by whom 1 am retained. LSA. 'NOTICE: UNDER PRO\'ISIONS OF FLORID.a, STATL'TES iii:..:!' ¢l.q~.~. A FAILL'RE TO .~iAKE ANY REQL!RE-r DISCLOSURE CONSTITUTES GROUNDS FOR AND .~L-~Y BE PUNISHED BY ONE OR ~IORE OF TH=- FOLLOV.'!.'~G IM?£ACHI~ENT, RE,~O\'AL OR SUSPENSION FROkl OFFICE OR E,~IPLOY.~IF. NT. DE,~IOTION. REDL:CTIO.~ I.~ RY, REPRII~AND. OR A CIVIL PENALTY NOT TO EXCEED $.~.000. NOTICE OF PUBLIC HEAR~G ' Ir' · -_. PORT OF THE I _SLANDS ' T Improvement District will hold a vublic h~,H,~ o, ,~.na ~ ~, ,., ds 1997 in the offices of the Distr/ct aG ...... " ...... ~-""" ~ nursa~a~ Port of the Islands Resort, 25000 Tamiami Trail East, Naples, Florida 33961 for the of hear/ng comments and objections on the adoption of the budget(s) forPUrP°oS;eration and maintenance of District the fadlities for Fiscal Year 1998. In addition the Board will hear public comment and objections relative to the levy of a non ad valorem assessment pursuant to Flor/da Law for the purpose of funding operations and maintenance and pr/nc/pal and interest expenses of the District. The District may also fund var/ous fac/lities through the collection of certain rates, fees and charges which are identified w/th/n the budget(s). A copy of the budget(s) may be obtained at tha offices cf the District at Port of the Islands Resort, 25000 Tam/ami Trail East, Naples, Flor/da 33961 dur/ng normal bus/ness hours. The Board will also cons/der any other business which may properly come before it. The meeting is open to the public and will be conducted in accordance with the prey/siena of Flor/da Law for Community Development Distr/cts. There may be occasions when one or more Supervisors will pattie/pate by telephone. At the above location there will be present a speaker telephone so that any interested person can attend the meeting at the above location and be fully informed of the discussions taking place either in person or by telephone communication. Any person requ/ring spec/al accommodations at this eting because of a disability or physical impairment should contact the Distr/c~n~ffice at (954) 753- 0380 at least five calendar days pr/or to the meeting. Each person who dec/des to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Gary L. Moyer Manager l~isc. Corr~s: Date: ~ Coce~ To: 16G 2 RECEIVED HAY 2 ? 199/ I NB RD ~ T I I I I. ROLL CALL II. APPROVAL OF MINUTES - May 7, 1997 IH. ADDENDA IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA V. REGULAR AGENDA Ao Planned Unit Development No. PUD-97-3 Twin Eagles Golf& country Club Sections 17, 20, 29 & 30, Township 48 South, Range 27 East Collier County, Flor/da Planned Unit Development No. PUD-97-8 Cypress Woods Golf& Country Club Sections 18 & 19, Township 48 South, Range 26 East Collier County, Florida Co Commercial Excavation Permit No. 59.605 Capital Homes Commercial Excavation Tracts 109 & 1 I0, Unit 45, Golden Gate Estate~ Collier County, Flroida VI. OLD BUSINESS VII. NEW BUSINESS A. EAB Applicants VI17. ADJOURNMENT IX. WORKSHOP NOrrt~ Hancock Constantine__ Berry r,',isc. Corrcs: Date: ~ ,em, /6,. Copies To: Page 2 1.6G NOTES: A. [Board Member'sl: Notify the PLANNING SERVICES DEPARTMENT (403- 2400) no later than 5 P.M. on June 2,1997, ifyou cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. Environmental Advisory Board Agenda ...................................... ,1997 Bo [General Public]: Any person who decides to appeal a decision of this board will need a record oi'the proceedings pertaining thereto; and them£ore may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. DATE: TIME: PLACE: IINUTE OF TH DVI R' !1 ARD May 7, 1997 9:00 A.M. 3rd Floor Boardroom, Administration Building, Collier County Government Center, Naples, Florida Foley X Burgeson ~ Hermanson X Chrzanowski ~ HinchclifF .z~ Kuck ~ Lamoureux ~ Lenbergcr ~ Saadeh ~ Sea/ Straton ~ ..~ Wilkison ~ ~:[!~I~._~X: Stephen Lenberger, Environmental Specialist II T~: 9:05 a.m. ~-Q-t~R.t~_~.~: 9:$4 a.m. ~: David S. Wilklson, ~ ~~~~a~: None ~: Motion was made by ]~lL_~.ati~, seconded by ~ and carried 6/0, to approve minutes of'April 2, 1997. Regular Agenda ~-,{~N_..~: PUD-96-I 1/DOA-97.1, "Pelican Strand PUD/DP.d. R E~Q.~_~: A PUD Amendment lo identi~ uses within the 181.$ acres listed as future development in the current PUD, The amendment includes 1200 residential dwelling units, 27- hole gol£course, 30 acre commercial parcel, water management lakes and preserve areas. ~: Karen Bishop, PMS, Inc. of Naples 16G 2 Environmental Advisory Board Minutes .................................................. May 7, Page 2 1997 ~: For a complete record of the proceedings reader is directed to the tape recording ofth~s meeting, located in the Off]ce of the Clerk to the Board, Sth Floor, Building "F', Collier County, Government Complex. ~....~..Q~: Made by ~, seconded by ~ and carried 5/0, to approve Petition No. PUD-96-1 I/DOA-97.1 with Staffs stipulations. Mr. Hermanson abstained from the vote. !. A copy o~' the SFWMD PJght-of-Way Permit shall be submitted prior to final construction plan approval. Environmental: I. Delete Section 7.10(A) from the PUD document. ~: PSP-97-2, "Glen Eden lakes" : A 102 unit multlfam~ly subdivision within the western half of the Village Place UD. ~: Blair Foley, Coastal Engineering Consultants, Inc.; Kenneth Passarella, Passarella & Associates, Inc. Consulting Ecologists. ~: For a complete record of the proceedings reader is directed to the tape recording of'this meeting, located in the Off]ce of'the Clerk to the Board, Sth Floor, Building "F", Collier County, Government Complex. Made by ~, seconded by ~ and carried 5/0, to approve Petition No. PSP-97-2 with staffs stipulations. Mr. Foley abstained t'rom the vote. 1. A copy of SFW'MD Permit or Early Work Perm/t with staffrepon is required prior to construction plan approval. 16S 2 En~|r~.m~ntal Advi$om/Boa~d NHn~es .................................................. N~ay Page 3 7, 1997 2. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of Collier County Ordinance No, 92-73 and SFWNfD rules. Environmentnl: 1 Ail approved Agency (SFWIVfD, ACOE) permits shall be submitted prior to f~nal Plat/Construction Plan approval. 2. Ail conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of' the Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 CCLDC. 3. ButTers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of' wetland preserves in all places and averaging twenty-five (25) feet bom the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of' Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 4. An exotic vegetation removal, monltoHng, and maintenance (exotic-bee) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final $. site Plan/construction plan approval. Environmental permitting shall be in accordance with the state of. Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of.exotic vegetation shall not be counted towards mitigation for impacts to Collier CountyjuHsdictlonal wetlands. -~__Q_~N_Q: PUD-97-5, "Zurich Lake Villas PUD" a~,.Q..~'~_~: A muhif'arniiy pUD with 294 dwelJlng units, recreational facilities, water management lakes and preserve areas. ~: For a complete record of. the proceedings reader is directed to the tape recording of'this meeting, located in the Office of the Clerk to the Board, 5th Floor, Buigding "F", Collier County, Government Complex. ~: Made by r~c~[~:~X~j1, seconded by ~ and carHed 6/0, to approve Petition No. PUD-97-5 with stipulations. 16G Z £nv|r~nment~! ^dvlsor7 Bo~rd Minutes .................................................. ~ay ?, Pa~e ~ I. A copy of the SFWMD Surface Water Permit application shall be sent to Collier County Development Services with the SDP submittal. 2. A copy of the SFWMD Surface Water Permit will be submitted prior to Final SDP approval. 3. Lake setbacks from the PUD perimeter can be reduced to 25 tt. where a 6 1t. high fence or suitably substantial barrier is erected. Setbacks from preserve areas shall be pursuant to section 3.2.8.4.7(3) of the Collier County Land Development Code. Revise the setbacks in Table I (Residential Development Standards) accordingly. Add the following stipulation to section 4.10 ofthe PUD document: Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service CUSFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental staff' for review and approval prior to Final Site Plan/Construction Plan approval. ~R-..F~~: A 90 dwelling unit cluster home project within the Hawksridge PUD. ~: Mark Minor, Q. Orady Minor & Associates, P.A. ~: For a complete record ofthe proceedings reader is directed to the tape recording ofthls meeting, located in the Office of the Clerk to the Board, 5th Floor, Building "F", Collier County, Government Complex. tM__.Q..~_Q~: Made by ~ seconded by ~ and carried 5/1, to approve Petition No. SDP-97-17 with added stipulations. 168 2 Environmental Advisory Board Minutes .................................................. May 7, 1997 Page $ Water Management: A SPWlvfD permit modification must be obtained prior to finM site development plan approval. Environmental: Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management district (SFWMD) shall be presented prior to final site development plan approval. 2. Petitioner shall submit thc appropriate site clearing fee. A preservation butTer/fence around every building site along the sides and the back of not to exceed 10 ft. from the building must be erected around each building site prior to commencement of construction. Further in all other areas a preservation fence is required around all horizontal construction ofnot to exceed 10 ft. in width. The intent is to ~ the most natural vegetation possible and if further remedies are available during construction then they must be implemented. Mr. Lamourcux announced his resignation from the Environmental Advisory Board. He may attend the next meeting if possible. There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board David S. Wilkison, Chairman EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL AGENDA June 4, 1997 *** 2:00 P. M. *** NOTE NEW TIME CALL TO ORDER 16G 2 RECEIVED 80arn O~ ',~u~.~ ,-C.,.~;.t~..~,er' APPROVAL OF THE MINUTES OLD BUSINESS NEW BUSINESS Leo Ochs, Administrator Diane B. Flagg, Chief H~ncock ~ Constantlne~_~~ ~aC'Kle ~ 3err~ Misc. C0rrcs: Copie~ To: Council Members: EMERGENCY MEDICAL SERVICE ADVISORY COUNCIL {EMSAC) INFORMAL MINUTES. 16G 2' May 7, 1997 3:00 P.M. EMERGENCY MEDICAL SERVICES HEADQUARTERS 3301 East Tamlami Trail Fay Biles Excused Members: Sharon Hanlon Paul Gunther-Mohr Bob Laird Gary Young Tim Smith Palina Fuson Roger Evans Mike Davis Rhona Saunders Bob Sc. hank Others: Leo Ochs Diane B. Flagg Jorge Aguilera Jeff Page Barbara Brown The regular monthly meeting of the Collier County EMSAC committee was called to order at 3:00 P.M. on Wednesday May 7, 1997 by Bob Laird Chairman. The minutes of the April 2, 1997 meeting were approved. OLD BUSINESS The EMS station to be located at Fire Station #23, 7227 Isle of Capri Road has been approved and remodeling will begin soon. NEW BUSINESS At the May 20'~ Board of Commission meeting Commissioner Hancock will read a Proclamation proclaiming May 18 - 24, 1997 as Emergency Medical Services Week. Diane invited the committee members to attend the meeting. Danny Sanzera and Charlie DeLoach will be presented plaques for their heroism during a motor vehicle accident in which they were involved. They both went back into a burning vehicle to save a life. The EMS Department submitted their heroic deed to the National American Trauma Society and ~hey were awarded the I 0 'National First Responder Award in Washington, D. C. on May 2, 1997. Several Paramedics and EMT's will be honored and receive Phoenix Awards. Diane showed the committee the first edition of a statewide magazine 'Florida EMT and Paramedic". They have selected Collier County EMS to appear on the first edition cover and featured in a two page article entitled ' World Class Care in Collier County". Bob Laird ask if the c~mmittee members could have copies, o Collier County EMS has submitted a grant for AED's for public access. If EMS receives the grant AED's will be provided for many high volume public places such as Florida Sports Park, Philharmonic, shopping areas, condominiums, etc. The are very user friendly and they will be used under the Good Samaritan Act. Fay Biles rode with a deputy on Marco recently. They responded to a vehicle and motorcycle accident. She said the EMS people were absolutely wonderful and they did a marvelous job. Bob Laird suggested that everyone on the committee take the opportunity to ride with a Commander and see what a great job is done. Bob was riding and on a recent call when he met Chief Tobin and he requested to come and talk with the group. After a discussion it was agreed that after the Chief had been on the job for a year it would be discussed again. Fay Biles stated the State Bill that had been fought for years has passed. Diane stated the State office has amended the bill. She has not seen the amendment. Unless you are a licensed provider they really have no authority on a medical scene. The other aspect of the bill that the state was concern about was the Cedificate of Need. This is to prevent multiple agencies from appearing on the same scene. It was amended to make it very clear that a non licensed fire district that would want to start providing coverage would still have to have a Certificate of Need. Paul Gunther-Mohr wondered if there would be an opportunity for the group to meet with the new County Manager sometime. Bob Laird stated when the new County Manager is under contract he will have Diane invite him to a meeting. Leo stated the Emergency Services Department would be meeting with the County Manager to review the department budget on Thursday. Diane informed the group that Pilot Paul Curtis had resigned and EMS would be advertising for a new pilot. 1 Bob Letrd polled lhe committee to see if there would be any objection to h~vin~ the meeting time changed to 2:00 P,M. instead of 3:00 P.M. lo accommodate Fay Biles as she has another meeting lo atlend on lha first Wednesday of each monlh. With no objections the monthly m~flngs wtlJ' begin at 2:00 P.M. of lha first Wednesday of each month. 2 Jeff Page informed the group that during EMS Weak different groups will be rotating different areas to do Community Events such as blood screening, blood pressures, etc. The times and places will be in the local newspaper. Jeff passed out an article from a Washington DC newspaper concerning a fire truck that was responding to a non emergency call, the truck hit a car and a woman driver was killed and two children critically injured. Meeting adjourned. 166 2 RECEIVED MAR, CO .ISLAND BEA CI- AD VISOR Y COMMITI'EE Ma), 29, 1997 Members of' the Committee; The County's contractor. I lumlston & M(xwe bas asked for, delay In the Ilmln~ f~ (he C*pri Inlet Management Plan Public i Iearin~ [cuttenlly mcheduled fc~ · ~0~7~. Since ~ dl want the dismsslon on II,is plan for its implied basis fm plannln~ the current schedule ~11 be ch~ed. I } No meelln~ of this committee in June. 2] Ne~ meetin~ of this Committee 7~ when ~n I lumlst~ ~411 r~v the pl~. 3} ~pri Pass Inlet Managemen( Plan Public Meeting ~18 al Macac Par~ I h~ that ~e~one can accom~a~e ~ese change~. Sincerely, Fran~s ~. Blanc~ard ~a~rman of I~Jsc. Cortes: Date: ~ Copies To: F~ (9~!) ~94..78~g 16G MAR C 0 ISLAND B EA CH RENOURISHMENT AD VISOR Y COMMITTEE May 21, 1997 U.S. Representative Porter Goss 330 C~nnon I louse Office Bldg. Washington. D.C. 20515 Dear Representative Goss.. We care about preserving our Nation's sandy public beaches. Every year. Congress spends rrdlllons of dollars to aid local comm,nltles whose beaches have suffcred severe erosion. But every year, the forces of Nature and of htmaan development result in more erosion. As a resident of Marco Island. FI~ I know that our beaches are extremely Important because they provide Lax dollars, many jobs. ~nd recreation for many people in the United States. They also provide ir~eplaceable home to plant and animal llfe. If there is a better way to protect our Nation's beaches, it will save tens of mltllons of federal, state, and [oc.~tl t~x dollars each year. That is why we ask your support for an appropriation of at least $6 million for the National Shoreline Erosion Control Development and Demonstration Program. II is the only Federal program that testa new technologies and designs for controlling beach erosion. Please let the Energy and Water Development Appropriations Subconwnlttee know of your support for this appropriation. We look forward to hearing your response to our rec,,est. Sincerely, Francls I- Blanchard Chairman of MIBRAC 380 Sea,dew Ct.. Apt. 609 Marco Island. FL 34145 [941-394-9587] [FAX 941-394-3868] FAff (9'II) 39.I.2~86,~ c ..,-,..~v~'~dmn. mmI. 16G M;~RCO ISL;~NP B£ACII RF, NOURI~ItMF. NT ADVISORY C. OMMI?TF.E MINUTES - MAY 7, 1997 2 The Meeting vas called to order mt 9:00 a.m. by Frank Blanchard, Chairperson. Members present were Buddy Harris, Charles Huttlnger, Mike Olime, Ri] Scholes, JoAnn Varle and Joe Christy. Giles Goral and John Dougherty were excused. Also present were Harry Huber, Collier County Capital Pro~ects; Pattie Boyer The Bottom Line; and several residents· I motion vas made hy Harris, seconded by Scholes to approve the minutes of the AprE1 2nd, 1997 meeting as presented. Motion carried. Huber reported that the purchase o[ the second beach cleaning machine viii be on the May 2?th Collier County agenda. The machine viii he based on ?)gertail or Hideaway Beach. The beach tilling has been put on hold. Blanchard vlll contact Kevin Dugan regarding the installation of three (3) ney buoys. lluber reported that the permit for the T-Oroln lnstallatEon should be In by the following Monday and that the contract Is ready. The South point is scheduled for June ?, 1991 and the Marco point on July Harris presented an aerial videotape of the beach taken by the CEvil Air Patrol. Huber Is confidant that the completion of the Caxambas Boat Channel project w111 be by the May 15th scheduled date. A11 equipment should be off the beach by that date. The north mede of the project is completed and they are currently working on the south 100 feet up to the Marbelle Condominium. Huttlnger requested that the slope be checked before they leave the are~. Muber assured Huttlnger that there will be a final survey to make s,re all grades meet specifications before the crew leaves the area. Blanchard Informed the committee that Dela Park Condominium Is requesting an additional ;5 feet to their dock. This dock would be pointed directly at the ney channel. Hube~ felt them could be an encroachment. Huber reported that the Cap~t Pass Inlet Management Plan public hearing is scheduled for June 20, 1997 at 7:00 p.m. Gllme requested that the question of additional sand at Hideaway be revisited as he feels that the 20,000 yards is insufficient. Muber viii ask Eumiston of Humiston and Moore to attend the committee meeting regarding the T-Groin pro~ect. Christy suggested still photos as opposed to video taping in order to shov more Information regarding beach ~enourishment. Huber requested authorization to have "before" and 'a/ret" photos taken at a cost of $90. A motion vas made by Ollme, seconded by Chrtsty to approve the funds for the photos. Motion carried. Marco Island Beach Renoulshment Advisory Minutes - May 7, paga Huttin~er reported on a letter he received from Dave Macado, beach vendor, regarding the cleaning of the beach. The vendor stated the scope of work he would address and costs accordin~]y. It vas agreed that all condominiums were requited to clean up their own beach. Huttlnger questioned vhere the $12~,000 o£ turtle monitoring funds goes as this position is not year round. Christy had a question concerning a ba~ge stranded In the vatez~ay. Varie reported on a letter ~be received concerning the ievlslon of the ~et zkl ordinance. Is there vas no further business to discuss the meeting adjourned at 10:04. ~espectfully submitted by The Bottom Line. COLLIER COUP"fY GOVERNMENT 16fl 2 O~~4T SERVICES DIVISION May 29, 1997 Mr. Michael Zimny Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 2800 NORTH HORSESHOE DRIVE NAPI. ES. FL 33942 (941) (;43.8400 A CEI~TIf'IED BI.t'£ CHIP COMMUNITY RECEIVED HAY 3 O 1997 BOard of County RE: Preservation Board Meeting Dear Mr. Zimny: This letter is to inform you that the Collier County Historic and Archaeological Preservation Board will hold their public hearing on Friday, June 13, 1997. I have enclosed a copy of the agenda for your review and records. If you have any questions or concerns regarding this meeting, please do not hesitate to contact me at my new number: 941-403-22469. Very truly yoursy/ Ray Be llmvs Principal Planner (CLG Coordinator) Historic Preservation/RVBlrb cc: Vincent A. Cautero Sue Filson Ron Samro Robert Mulhere Nancy Siemion Preservation Board AGENDA RECEIVED 1 6 G 2 1 97 COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 9:00 A.M., FRIDAY, JUNE 13, 1997, IN THE COMMUNITY DEVELOPMENT DIVISION/COLLIER COUNTY COVERNMENT 2800 NORTH HORSESHOE DRIVE, MEETING ROOM "E" NAPLES, FLORIDA: NOTE: AN'f PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COM~4ISSIONERS. ADDENDA TO THE AGENDA 4 o APPROVAL OF MINUTES: May 9, 1997 PLANNING SERVICES DEPARTMENT REPORT: A. Training For County Inspectors OLD BUSINESS: 5o A. Tamiami Trail Scenic Highway - Update B. Robert's Ranch - Review Application for Historic Designation C. H. Nehrling's Tropical Gardens and Arboretum D. Captain Horr's House National Register Application E. Historic/Archaeological Guide Map NEW BUSINESS: ao 6. DISCUSSION OF ADDENDA 7. ADJOURN HISTORIC~J~ AGENDA/~d Norr t $ Hancock Constant tne..~ Mac'Kle 8ertl Survey and Assessment for Chokoloskee Site. i',~isc. Corrcs: Date: _~¢/'/7 Copies To: DISCOVER COLLIERI An Insider's Guide To Local Treasures Introduction 16G 2 Discover Collier County· To visitors, it's a tropical paradise of beachfront sophistication and five-star restaurants; vacation resorts graced by gulf breezes and soothing sunsets. To insiders, it's a county of amazing diversity. Deserted strands filled with wildlife. Ghost towns swallowed up by the lush landscape. Hometown diners serving up stone crabs, conch fritters, and cold beer. These are the backroads and sideshows that locals have known about for years. So grab a map, fill up the gas tank, and join us for three day trips exploring the treasures of Collier County. Tour #1 - INTO THE WILD Take a walk on the wild side in Collier County. As you leave the Naples area via Interstate 75 South, manicured lawns give way to rivers of saw grass. Look for Exit 14A and head south along Route 29, where gators outnumber golfers. It's along this road that you can drive through the habitat of the endangered Florida panther and spot some of the vestiges of old ghost towns that dotted the landscape during the building of the Tamiami Trail. In J_e, LO.E~ during the 1920s and 1930s, the C.J. Jones Lumber Company sawmill rocked the town with a store, a "juke joint", and houses for the lumbermen. Further down in ~, the logging crews of the Lee Tidewater Cypress Company harvested durable cypress lumber during World War I1. Today, the ~ still stands and some of the r ' bear traces of the original green paint, but the now-empty ~ and the abandoned rail beds called ~ r are lonely reminders of the town's glory days. Crossing Route 41, you're destined for [~,GTJ~[~[~ and ~. Everglades City was settled by farmer George W. Storter, who purchased the townsite in 1889 for $800. When the Tamiami Trail was finished in 1928, Barron Collier bought this rugged frontier outpost in hopes of transforming it into a subtropical metropolis. As was the fashion in the 1920s, Everglades City was master planned as a "City Beautiful" and served as the first county seat for Collier County. The ~ became a vacation retreat for sportsmen, while the ~, the ~1~j~j~i~~ ~b~L~,~g~L~, and _C.J.ty._I:J.~ served the workers in a company town where whistles blew to manage the activities of the day. The sights and sounds of Everglades City are old Florida at its best. At the ~, the Mangrove Wilderness boat tours will transport you even further back in time to the ~, where you can see Calusa Indian shell mounds dating to AD 200-900. 16G A causeway leading to the island of ~ takes you to a town known in the late 1880s as the "land of the deviFs disciples." A history of trading in illegal bird plumes, Prohibition-era liquor, and alligator hides has given the town an outlaw image. It was there in 1908 that pioneer Ted Smallwood opened a trading post that quickly became the headquarters for the region. ~ moved to the waterfront in 1917, where itl stands today to remind us of the days when Seminole Indians would arrive by canoe to trade pelts and plumes for sugar and flour. Head north on Route 29 to its intersection with Route 41 and turn to the east. If you've bought a postcard in ~ or ~, mail it at the P_~~. At 7'3" x 8'4", this is the smaIlest post office in America and opened in 1932. It originally served the workers of a tomato planting industry and now houses 25 mailboxes. In Ochopee and all along Route 41, traditional ~ may be identified by their palmetto-thatched chickees. Returning to Naples via Route 41, you might spot the ruins of the Southwest Mounted Police stations original to the Tamiami Trail. As you pass throu , and ~ think of the husband and wife teams who patrolled the early roadway. While the wife sold beverages and gasoline, the husband monitored a ten-mile stretch of the Trail on his motorcycle to assist stranded travelers. For an extraordinary off-the- beaten path adventure, try circling back to Route 41 on one of the unpaved loop roads to take a look at undeveloped Florida Everglades. It will be an interesting way to cap off your day on the wild side. Tour #2 - ISLAND HOPPING Take your bridge club on a day of exploring the islands and waterways of Collier County. Launch your adventure at the ~ as you drive east on Route 41 from Naples. It's here that you'll follow the voyages of Spanish conquistadors and cruise back to the days of the Indian traders and clam diggers that pioneered the Gulf coast. Then continue east on Route 41 to its intersection with Route 951, where the drive south to ~ will make history come alive. Turning right onto Bald Eagle Drive towards the Olde Marco Village, you'll time travel back one hundred years. The Victorian era in Southwest Florida was both rugged and refined. When the W.T. Collier family became the first permanent white settlers in 1870, they braved the elements growing cabbage and coconuts. Collier's eldest son, Captain William Collier, brought a level of architectural sophistication to Marco Island. After many years of providing sleoDing quarters for visitors at his own ~ for $1 a day, he built the ~ in the 1890s compete with twenty sleeping rooms, a parlor, a dining room, and a two-story outhouse bathroom. It was in a canal west of the Collier house that a -2- 16G time capsule of Indian relics was unearthed during a famous 1¢J96 archaelogical dig. The J~[-J~2_~.~D.~[~ is the final resting place of the Collier family. Three small tombstones mark the graves of the young sons who drowned when their boat encountered a violent squall, reminders of the harsh life of a pioneer family. Captain Bill Collier also founded the town of ~ on the southern end of the island. A drive along San Marco and Barfield Drives will bring you to hills rising fifty feet above sea level. Imagine Collier's surprise at finding these remnants of sand dunes from prehistoric times. It was on Caxambas that Collier and others operated clam factories from the early 1900s until the clam resources were depleted in 1947. In 1949, Barron Collier bought the majority of Marco Island and Caxambas and moved the entire town of Caxambas across the inland waterway to the small farming village on the island of ~ While no remnants of the clam canneries remain, the farming and fishing industries of Goodland are still the livelihood of the town. 2 Return to Naples by heading northbound on Route 92. This road will bring you to I' - ' I at Royal Palm Hammock along Route 41. Amidst canoe and hiking trails is a 110' high walking dredge, an industrial artifact that moved like a giant robot on widespread legs to build the Tamiami Trail through the muck and water of the Everglades. Return to Naples by driving westbound on Route 41. Tour #3 - RAILS TO TRAILS Before the days of Mickey Mouse and Florida sunshine, the first Collier County pioneers pounded out a living in harsh terrain and unforgiving climate. Early industrial life was filled with heartache and hard work. In J~3~.~7~,~_[[~ at the corner of Route 41 and Pine Ridge Road lie some of Naples' original settlers. The graves of Griffin family members and others are marked by simple wrought iron or coquina shell markers, one of the oldest cemeteries in Collier County. To enterprising pioneers in the 1930s, Collier County promised never-ending natural resources. Drive north on Route 41 to the Immokalee Road intersection, then turn west to get a glimpse of the remnants of the logging industry. Upon your arrival at ~, you'll see the moss-draped remains of a virgin bald cypress strand once twenty miles long. Harvested by the Lee Tidewater Cypress Company until its purchase by the National Audobon Society in 1954, Corkscrew Swamp is a haven for wading birds and wildlife. As you peer into the dark stained water, picture how the cypress posts for the original boardwalk were hand-set by men wading in the swamp for over four months. Continue west on Immoka~ee Road into the rural agricultural lands of Collier -3- County, where you will find the town of ~. Bearing the Indian name for "my home", lmmokalee has been home to the famous and infamous since it was settled in the 1870s. The J~~, at Roberts Avenue and State Road 29, was home to Robert Roberts and his pioneering Red Cattle Company. Early settlers could tell the difference between a bunkhouse and a homestead, a hog pen and a pole barn -- can you? Farming soon joined ranching and lumbering to become an important industry in Immokalee. Visitors may want to stock up on fresh fruits and vegetables along ~ before leaving Immokalee and heading south arong State Route 29. It is off Route 29 that the ~:~{JaI3~[_Oj~ historical marker notes the site of Humble Oil's first petroleum discovery. The oil rig marks your way to Route 858. Drive east on 858 to its intersection with Immokalee Road, and continue on your return trip westward to Goodlette Frank Road. Head south on Goodlette Frank to · , . Known today as Jungle Larry's, every corner of this exotic garden has been planted with botanical experiments dating from the 1920s. Giant ficus trees, collections of exotic palms, and fancy-leaved caladiums elegantly frame the trails of the park. Enjoy the shade of the wilderness in tropical Florida! 16G 2 MINUTES DEVELOPMENT SERVICES ADVISORY COMMITTEE MAY 7, 1997 MEMBERS PRESENT: Charles Morgan Abbot~ Clifford B. Barksdale, P.E. Kris A. Dane. P.E. Thomas R. Peek, P.E. Herbert Rosser Savage, AIA Steven W. Vergo Dalas D. Disney Robert L. Duane, AICP Dino J. Longo $oyceanna "JA" Rautio Jeffrey A. Nurmer, P.E. Brian P. Nelson C. Perry Peeples, Esquire MEMBERS ABSENT: (Excused) R. Bruce Anderson, Esq. MEMBERS ABSENT: (Non-Excused) Patrick H. Neale, Esq. OTHERS PRESENT: Victor Latavish STAFF MEMBERS PRESENT: Vincent A. Cautcro Wayne Arnold, AICP Robert Mulhere, AICP Ed Perico Tom Kuclc, P.E, Joe McHarris Call to Order: The meeting was called to order at 3:30 p.m. with Mr. Barksdale presiding. I. Approval to Agenda: Motion was made to approve the Agenda for May 7, 1997. Motion was seconded and passed unanimously. Constantine..__/__ ~v Berr~ ~ Misc. Cortes: Copies To: '- 16g 2 Development Services Advisory Board Minutes ....................................... May ?, 1997 Page 2 II. Approval of Minutes: Mr. Virgo noted that he had requested an excused absence from the April 2, 1997 meeting and the Minutes listed him as non-excused. Ms. Rautio noted that under Item No. VII of the April 2, 1997 minutes should read, "Mr. Dane commended Ms. Rautio .... "not Mr. Duane. Motion was made to approve the Minutes for April 2, 1997 with the above changes. Motion was seconded and passed unanimously. IlL StaffAunouncements: Mr. Cautero requested that Joe McHarris be added to the Agenda to report on the Architectural Review Standards IV. New Business: Tom Kuck reported on Permit Fees for special event signs located within public rights-of. way. Due to an excessive amount of signs within the public rights, of-way, Tom was instructed to come up with a policy or price theory. An attachment of a dra~ Executive Summary had been mailed out to each DSAC member, which outlined the fee policy Mr. Kuck would like to present to the Bce; however, before presenting this to the BCC Mr. Kuck was requesting the DSAC review and comment on its content. The fee recommended for special event signs within the rights-of-way was $75.00, plus a refundable fee of $25.00 for the first sign and $5.00 for each additional sign. If the signs are taken out of the rights-of, way within two (2) days after the event, the refundable fee will be returned. Guidelines regarding a path location will indicate that no signs are to be within the median. Color, size, and type ofprint will be established for consistency. Signs will not be permitted to be on rights-of-way seven (7) days prior to the special event, and criteria will be given on how the signs should be attached. Ms. Rautlo recommended that the definition of special events be clarified. She also felt more than two (2) days should be given for the removal ofsigns after a special event. Mr. Kuck reported that five (5) days had been a suggested cutoff for removal of signs; however, there were complaints that five (5) days were too long of a period. After an extensive discussion, the DSAC suggested that a three (3) day period be given for the removal ofsigns. The remark was made by Mr. Savage that we need to keep in mind that many of the people that work on these special projects are volunteers and we can't expect them to take all the signs down in two (2) days. Motion was made to recommend a five (5) day period for the removal of signs. Motion was seconded and passed with three (3) opposed. 16G 2 Development Services Advisory Bonrd Minutes ....................................... May 7, 1997 Page 3 In regard to the recommended Permit Fee it was recommended that the wording be clarified. It was noted that the Ordinance and the Executive Summary did not coincide. The Ordinance read that the first sign was $25.00 and $5.00 for each additional sign; however, the Executive Summary noted that the first sign was $75.00 and $5.00 for each additional sign. Mr. Kuck verified that the Ordinance read correctly. Ms. Rautio noted her concern in regard to Section four (4) where it refers to size and color. Mr. Kuck noted that these are only recommended for appearance and to discourage the use of uncontrolled colors. Mr. Arnold noted that there had been hundreds of complaints due to the uncontrolled colors that various special events had used. leaving the road side very unpleasant to look at. Question was raised on who would check the signs to verify that they had been taken down. Mr. Cautero noted that applicants are required to submit a list of the signs and place the location on a map of where they will be located. Spot checks will be performed before money is refunded. Motion was made to approve the Ordinance and Executive Summary as modified. Motion was seconded and passed with three (3) opposed. V. Subcommittee Reports: A. Land Development Regulation - Jeff Nunner The Land Development Regulation Subcommittee met on April 16, 1997 at 3:30 p.m.. four (4) Commit'tee members were present and three (3) staff. The first order of business discussed was to decide on a meeting date. The Committee decided that the meeting would stand at the third Wednesday of each month at 3:30 p.m. Everyone on the Committee made an effort to accommodate Mr. Anderson; however, in the end it could not be changed. The Committee extended an invitation to Mr. Perry Peeples to join the Committee based on his desire to be part of the Committee, The second order of business was the review of the Land Development Code nmendments that were still outstanding. One item discussed was the Landscaping Code, the Committee recommended that the freeze monitoring portion be taken out of its language. Everything else was passed as it was written. It was noted that the language was taken out and approved by the Planning Commission based on the Land Development Subcommittee's recommendation. It was reported that Barbara Cacchione brought the Committee up-to-date on the Comprehensive Plan amendments to the Future Land Use Elements (FLUE). - 16G 2 Development Services Advisory Board Minutes .................... .Mly 7, 1997 Page 4 .................. Mr. Mulhere reported that there were some changes to the Marco Island Overlay Ordinance at the Planning Commission Meeting. Predominately all of the amendments were passed as written by staff and or recommended by the DSAC. The Board of County Commissioners will hear these amendments on May 21, 1997. B. Construction Code - Dino J. Longo The Construction Code Subcommittee met on April 9, 1997. Present were Charlie Abbott, Perry Peoples, Dino Longo, and staff consisting of Vince Cautero, Ed Perico, Tom Palmer, and Bob Lord. Present from the private sector were Jim Hurst. Victor Latavish, David ZiccareIli, and Charles Crumpton. Discussion was held in regard to the verbiage for the design professional. It was brought to the attention of the Committee that the architects are having problems getting insurance based on the wording of the Ordinance that states design professionals shall assume all responsibility for construction of the building. Mr. Palmer, County Attorney, assisted the Committee by reviewing the verbiage and making the recommendation that the wording be changed to read "Except to the extent expressly contracted by the design professional or to the extent re utred statutes the design professional shah . . ' .... ~/ ' by Florida ' - not oe responsible ~or aetermlnin wh structure designed by the desi,,- ~rofes-"---' .... .. g ether any ~, t, --~vna~ IS oelng constructed in accordance...". After much discussion the Subcommittee's recommendation was that the verbiage be changed, if approved by the DSAC. This item would have to go before the BCC with an Executive Summary written by Mr. Cautero. The DSAC had received, in their packets, the Minutes to the Construction Code Subcommittee's meeting for review. After discussion in regard to the verbiage Mr. Palmer had recommended, the DSAC decided to move ahead and recommend Mr. Palmer's verbiage. Mr. Disney volunteered to act as liaison to assist for the Committee between the DSAC and the AIA. Motion was made to recommend the verbiage change Mr. Palmer recommended. Motion was seconded and passed unanimously. C. Utility Code - "JA" Rautio Ms. Rautio reported that there was no meeting; however, she had received a memorandum from Mr. Miller. The memorandum reported that the BCC adopted the Utility Code Ordinance at 7:45 p.m. on April 22, 1997, with minor script changes to be corrected. 16G Developmen~ Service~ ~dvisory B~ard Min~te~ ....................................... May 7, I~97 Page 5 The next Subcommittee meeting will be Thursday, May 29, 1997. At this meeting the Technical Committee will be formed in order to help the Utility Code Ordinance be kept up-to-date. VI. Old Business: A. Architectural Review Standards - Joe McHarris Mr. McHarris reported that there was a bit of a comqict with simultaneous permitting. Many times applicants ace not submitting all materials. However, the reception from the community has been very positive and they appear to be very open to the process. It has been a little difHcult for some of' the larger chains, such as Discount Auto Par,,, and gas stations. They appear to have problems. Many of the gas stations treat their awnings as sign poles. Ninety-nine percent of the Architectural Review Standards have been ironed out. The section regarding the awnings needs to be spelled out better and the section on tenting. There could be more work done regarding the math referring to out parcels. Mr. McHan'is remarked that we are not creating better architect but better buildings and it appears to be working very well. Fort Myers has indicated an interest in doing something similar as well as the City of Naples and Mr. McHan-is has been invited to speak at a state- wide conference for the AIA in regard to Architectural Review Standards. All the checklists have been revised and there is a separate architectm, al design checklist that Mr. McHarris is working on finalizing. The County will be able to hand out a checklist to the applicant as well as have a checklist to review. This will iiR some of the burden from Mr. McHarris and allow more time for the planners to do more of the remedial review and use Mr. McHarris as a consultant. VII. Committee Member Comments No comments. VIii. The meeting adjourned at 4:21 p.m. April 17, 1997 TRANSCRIPT OF T~E MEETING OF COLLIER COUNTY PLANNING COMMISSION Naples, Florida, April 17, 1997 LET IT BE REMEMBERED, that the Collier CoUnty Planning Commission in and for the County of Collier having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ACTING CHAIRPERSON: Fred N. Thomas Rich Nelson Russell A. Budd Edward j. Oates, Jr. Michael j. Bruet Donald j. York Michael Pedone Absent: Michael Davis Gary Wrage Marjorie Student, Assistant County Attorney Robert Mulhere, Current Planning Page I COLLIF_K COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APK/L 17, 1997 IN THE BOARD OF COUNTY COMIWISSIONIERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, EAST NAPLES, FLORIDA: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PEKTAIN1NG THERETO, AND THEREFOKE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. L 2. 3. 4. 7. ALL MATERIAL USED rN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE · BOARD OF COUNTY.COMMISSIONERS. . .., ....... ROLL CALL BY CLERK ADDENDA TO THE/~G£NDA APPP, OVAL OF MINUTES: M~rch 6, 1997 PLANNING COMMISSION ABSENCES: BCC REPORT CHAIRMAN'S REPORT ADVER~ PUBLIC HEARJNG$: Petition No. BD-97-4, Miles L Scofield representin~ .fames A. Wil£rath, requcsling a 17 toot boat d~ e.xlenslon to allow for a 37 fool boat dock and boat iill for pmpen7 lecnled at 125 W/ldeme~ Cay, further dcscn'bed as Lot 27, Pon-of-the-Islands, Phase Il (The Cays) (Coordinator. Fred R~ischl) B. Petition No. BD-97-$, M/les L Scofleld rtpresemtng Franklin D. Sec'~, ~iuesting · 20 loot boat dock extension to allow for · 40 foot boat dock and lift for pwpeny lecnled at 124 Wilderness Cay, further descfib~ as Lot 24, Pon-of-the-Islands, Pl~,a II (The Ca)s) (Coordinator. Ross · , Oechennur) (2. Petition . BD:97-7), Miles L Scofleld repres4enling $errald I. Smits, requesting · 720 foot bo~t ' ' ' ' dock extension to allow for the n'plaeement of an exislJng boathouse and dock facility and to add two : (2) boat lifts for a total e.~ension of 27.20 feet for property located at 122 Hilo Street, further I descn'bed as Lot 181, Isles of.Capri Ho. 2. (Coordinator. Susan Murray) ~. D. Petition No. BD-97-8, Miles L ~ofleld, rtpresenting Samuel C. Robinson requesting a 15 foot boat I ~ .- ... ,- ..... · .. - ----~-'deck extension to allow for · 35 foot boat deck and tw6 boat lills for properly located ·t 226 Lely K L g. OLD 13USff,,rESS 9. NEW BUSINESS I0. DISCUSSION oF ADDENDA I I. ADIOURN 168 Petition No. PUD-g2-2~(2), Bl,~ir A. Foley of Coastal Engineering Consultants, Inc.. ~.-presentin~ Gat.h, Inc., requesting an amendment to the Village Place PUD for the purposes of changing the addre~ of thc oxvncrs, r:vising Section 1.$, Project D~'r~ption and Section 2.3, Description of the PUD Master Plan to eliminate the list of specific number of residential tracts, revifing Sec~on 5.4, Transportation to provide turn.lane criteria, deleting Sexton $.4(E') the requirements for the County to qualify for Developer Contr/bution Crcd/ts, deleting Section 5.4(0 lo eliminate the S~lUirement for the developer to construct road~' improvemenls in phase,t corresponding w/th development of the proper/7, and climinate the time requirement for convey/ag to the County the t~vo lane road from U.S. 41 to Vandcd3/lt Drive, for property located on the west side of Tam/am/Truil North (U.S. 41) and east side o£ Vandefl3ilt Drive, in Sect/on 9, Tov/nshlp 4~ South, Range 25 east, Collier County, Florida consisting 0/'72.5 acres. (Coerdnator:. Ray Bello~vs) .. Lakes L/m/ted Pas'tnershlp requesting an amendment tot he Richland PUD for the ixuposa of changing the Devdopment Standards for "R" Residenth] ~ by rev/ring the side yard sotbacks/'or single lam/fy detached homes from 7.5 feet Io 5.0/'eet for property located at the so~th~,~st corner of Immokslee Road (C.R. S46) and C.R. 951, In Section 2'/, Townsh/p 4~ South, Range 26 East, Collier County, Florida, consisting o/'65.14 acres. (Coordnator: Pon Nino) Pct/tion No. PUD-97-1, William L. Hoover, AICP, ol' Hoover phasing Shoppe and Beau Keen,., P.E., of Green, Keene & Erek, Inc., representing Cathr).n EI~li, Trustee of the Cathryn Eboli Eevocob]e Trust Agre~nent, requesting a rezone from "A/ST" Rural Agriculture to "PUD" Planned Unit Dcvelopment !o be kno~vn as Eboli PUD for 63 multi-family dwelling un/ts, for pn~-rty located on the south side of Immokalce Road (C.E. g41), east o~'April Circle PUD and we~ of Inters~te '/5, in Section 30, To~vnship 48 South, Range 2~ East, Collier County, Florida, consisting of 8.9./ acres. (Coordinator:. Susan Murray) Petition No. CU-97-2, Michael Conrath representing Naples 'Radiologists, P.A., Profit Sharing/401K Plan, requesting Cond/tional Use '4" of the C-I zoning for a medical tmild/ng for propert7 located on the nortlm'est comer of Goodlette Road and Ridge Street, further descn'hed as R/die Cotnmerclal Lot 2, in Seaion 22, To~vnsl~ip 49 South, Range 25 East, consisting of.4~ acres. (Coordinator:. Ra), Bellows) -. Collier County Streetsc3pe Master Plan. (Coordinator:. Nancy $iem/on Petition No. PUD-g6-1 ](1), Eaten K. Bishop Of PMS, ]nc., of Naples ropresen~ng Pelican Strand, Ltd., requesting ,, rezone from "PUD" to "PUD" Planned Unit development wh/ch w/Il continue to be kno,,v~ as Pelican Strand hay/ag the effect of inereadng the number of authorized dxvdiing un/ts from 6/0 d~velllng units Io 1,200 d~velllng units in response to a prev/ous amendment increasing the area of the Pelican Strand PUD by 375.25~ acres;, by rev/sing the commerdal development strat¢~ while retaining the same number of acres for commewhl development; by muidng other r/visions to the tc'~t of the PUD and by adopting a new Master Plan to account for add/tiona~ ~'es/dentlal dc'vclopment tracts for property located at the north~vest qnadrant o/'~-75 and lmmokalee Road (C.R. 84~), in Scctlons 18 & 19, Tox~nship 4~ South, Range 26 East, Collier County, Florida, consisting of 575 acres, more or less. (Coordinator:. Ron Nino) (Re-Advertised for Ma7 I, 19~7) April 17, 1997 CHAIRMAN T~0MAS: We'll call this meeting of the Planning Commission to order with the roll call. Mike Davis is excused. Fred Thomas here. Bruet? Pedone? COMMISSIONER PEDONE: Here. CHAIRMAN THOMAS: Nelson? COMMISSIONER NELSON: Were. CHAIRMAN THOMAS: York? COMMISSIONER YORK: Here. CHAIRMAN THOMAS: Wrage? Budd? COMMISSIONER BUDD: Here. CHAIRMAN THOMAS: Oates? COMMISSIONER OATES: Here. CHAIRMAN THOMAS: Okay. Are there any addenda to the agenda? MR. MULHERE: Mr. Chairman, I just have two comments to make. We have discovered two sets of minutes that were never approved by the Planning Commission from December and January. I will include those in your next packet. I think there,s seven of you or six or seven of you that were on the board at that time Apparently when we made the conversion to having a court recorder ail of the time after not having one there was some confusion· but anyway there are two sets of minutes. They were written, they Just apparently were never signed by the chairman so .... CHAIRMAN THOMAS: We don't -. do we know whether they were approved by them? '-MR. MULKERE: I do not think that they were since they are not signed so I will have them submitted in your next packet. CHAIRMAN THOMAS: Okay. MR. MULHERE: And the other thing was Just ~i~ i~to th? public hearings, I -- just preliminary to ~ the board nad as ~ ........ wanted to let you know that awhile · ked ~ u~ ~ try to improve our graphic presentations and we have a little experiment this morning. We're going to make two petitions __ present two Petitions to you with audio/visual, and one is a boat dock, and I think the other one is a conditional use or rezone. And so if you will bear with us a little bit, we're gonna just see how that goes and you can give us some critique and some comments, and we expect that you're not going to want to have that for all of the petitions that come in front of you, but maybe some of them that we know will be somewhat controversial or where we feel like you need to see something, we will do that. CHAIRMAN THOMAS: Which two Petitions will that be? MR. MULHERE: I believe the first boat dock petition and Susan -- MS. MURRAY: MR. MULHERE: __ and item G which is -- CHAIRMAN THOMAS: A PUD? MR. MI~: '- a PUD. CHAIRMAN THOMAS: Okay. Page 2 16G 2 April 17, 1997 COMMISSIONER YORK: Which boat dock is that? MR. MULHERE: The very first one, BD 97-4. CHAIRMAN THOMAS: Okay. MR. MULHERE: I just wanted to let you know that. CHAIRMAN THOMAS: We have got the minutes of March the 6th. What is your pleasure, gentlemen? COMMISSIONER YORK: So moved. COMMISSIONER OATES: Second. CHAIRMAN THOMAS: Moved by York, seconded by Oates. Any -- any -- any additions or changes? Ail in favor signify by saying aye. Any opposed? (No response.) CHAIRMAN THOMAS: Minutes have been approved. Any Planning Commission absences? COMMISSIONER YORK: Mr. Chairman, just to reiterate that I have a business closing at quarter to 11 today, and I must leave by 10:30 today. CHAIRMAN THOMAS: Any other future planning committee absences? Okay. Moving on. BCC report. MR. MULHERE: I have none to report. Mr. Davis asked that for the next meeting that we recap the workshop since he will be here then so .... CHAIRMAN T~OMAS: Okay, fine. Okay. No chairman's report. We'll go into the first advertised petition, BD-97-4. Mr. Reischl. COMMISSIONER OATES: Don't forget to swear your people. -CHAIRMAN THOMAS: Oh, yes, we got to do that. I forgot. Anybody in the room that plans to speak on this petition step forth and the clerk will swear you in. (Speakers were sworn.) MR. REISCHL: Good morning, commissioners. Fred Reischl, Planning Services. CHAIRMAN THOMAS: We got to kill that light over there. There you go. Excuse me. While we're doing this, so we can get this set so we can do this on a regular basis, will you turn that back light on that you just -- the last light you turned off you can turn it back on. COMMISSIONER YORK: Ross, the one in the front, the back one. CHAIRMAN THOMAS: No, turn that one off. Turn everything else on. No, turn the top one off. COMMISSIONER YORK: There you go. CHAIRMAN THOMAS: Turn everything else on. On. COMMISSIONER YORK: On. M3{. REISCHL: On or off? CHAIRMAN THOMAS: On. COMMISSIONER YORK: They can't have this one on. CHAIRMAN THOMAS: That last one. Okay. Come to this first one on this right -- the first one on your right. Turn that one off. No, Page 3 16G 2 - April 17, 1997 that's not the one, the next one after it. That's -- does that work for everybody? That's the sequence we need when we go to that, okay. C~4MISSIONER YORK: You're hired, Ross. Don't leave that spot. MR. REISCHL: This is a request for a boat dock extension in the Port-of-the-Islands subdivision. The location within the subdivision -- this is 41 up here (indicating) -- this is the Fakaunion canal, and this is the subject lot. The dock extends 17 feet beyond the required 20 feet for a total of a 37-foot protrusion into the 180-foot canal. The petitioner plans to moor a 26-foot vessel on a boatlift at the end of the dock walkway. There is 121 feet of waterfront for this parcel. Environmental considerations -- this is a heavily populated manatee area so the usual requirement for a manatee sign to be posted during construction is stipulated, however, no sea grasses were obse~;ed in the area. In this view to the east you can see that there are very few homes and docks established on -- on this end of the finger canal. And this is the view to the west. In this you can see the natural ground or unnatural ground but the building level that the house will be built on here and the water level down here, an approximate discrepancy of four feet. Staff believes because of that discrepancy there will be minimal view blockage from neighboring yards. This presentation has had no letters up to yesterday. I did receive two letters yesterday from out-of-town property owners within 300 feet. Both of them objected to the view. One is on the property adjoining over here (indicating) on the main Fakaunion and the other -- I received it too late, i didn't get a chance to look it up, but t6'6 ~ithin 300 feet because they were notified from out of town. This is the view to the north across the canal, 180 feet across. And, again, even on the other side there are very few docks constructed in this area, and staff recommends approval of Petition BD-97-4. CHAIRMAN THOMAS: AnY questions of staff? COMMISSIONER YORK: Yes. CHAIRMAN THOMAS: York. COMMISSIONER YORK: Fred, what is the -- that wall is riprapped; is that correct? MR. REISCHL: There's some riprap there, yes. COMMISSIONER YORK: Did I understand you to say that up to the wall the depth of the water is four feet? MR. REISC}{L: As a visual guess, I didn't measure it, but it appears to be about four -- four feet from the water level to natural ground at that point. COMMISSIONER YORK: I see Mr. Scofield shaking his head, and I will wait until he comes up, and I will ask that question. CHAIRMAN THOMAS: You asked him a different -- Fred, you asked him a different question than what he asked. You said it's four feet from the water level to the top of the natural ground, and he's asking for water depth. Page 4 16G 2 April 17, 1997 COMMISSIONER YORK: The depth of the water. MR. REI$CHL: The depth of the water? COMMISSIONER YORK: At the shore line. MR. REISCHL: Was I believe three something, three point seven. COMMISSIONER YORK: Thank you. CHAIRMAN THOMAS: Any other questions of staff? Does petitioner have anything to add? MR. SCOFIELD: My name is Miles Scofield for the record. represent the owner Mr. Wilfrath. Just -- we have done -- I have done a couple of boat dock extensions in this area, the Cays project. That's the Cays subdivision down in Port-of-the-Isles. These -- these are on -- this subdivision was all riprapped. The canals are very wide here, and because of the riprap and the minimum amount of dredging -- I mean they were man-made canals here, but the dredging -- these lots -- you can see by the cross sections -- there's two of them here today -- they're very shallow. There's approximately four or five existing boat docks in this area with lifts that were built in the 20 feet area. All of those boat docks that I went and looked at are going to have to be moved out at some point, because they cannot get their boats off of the lifts at low water. This is the reason for moving out in this area. It's very shallow as you can see by the cross sections. I will answer any other questions that you have. CHAIRMAN THOMAS: AnY questions of the petitioner? COMMISSIONER YORK: No, he answered it. CHAIRMAN THOMAS: Does anybody else in the audience want to speak o~ t~%s issue? Public hearing is closed. What is your pleasure, gentlemen? COMMISSIONER OATES: Mr. Chairman, I move we approve BP-B?-4 -- COMMISSIONER YORK: Second. COMMISSIONF~ OATES: -- subject to the stipulations. CHAIPd~kN THOMAS: Moved ~ Oates. Seconded by York to approve BD-97-4 subject to all staff stipulations. AnY further discussion~ All in favor signify by saying aye. ' AnY opposed like sign? (No response.) CHAIRMAN THOMAS: Ayes have it. Boat dock BD-97-5. MR. REISCHL: Gentlemen, do I need to be sworn in? CHAIRMAN THOMAS: Oh, anybody here that wants to speak on this petition will you please rise to be sworn in Yes just the three, okay. · , (Speakers were sworn.) here.MR' REISCHL: Good morning, gentlemen. Low tech presentation Petitioner is requesting a 20-foot extension to build a boat dock and lift which would extend a total of 40 feet into the waterway. The subject property is also located at 124 Wilderness Cay, Page 5 16G 2 April 17, 1997 Port-of-the-Islands. It has 120 feet of water frontage with a riprap revetment. It's on a 400-foot wide waterway. The adjacent lot on the east side has approval for a 30-foot wide bo view of the nei-hbors ..... - ........ at dock extension, he ~ --uu~u nO= De a:~ecte~. We have received n~ objections to this, and staff recommends approval of the request. Questions? CHAIRMAN THOMAS: Any questions of staff? Seeing none, does the petitioner have anything to add? Anybody else in the audience want to speak for or against this petition? Seeing none, I close the public hearing. What is your pleasure, gentlemen? COMMISSIONER OATES: Mr. Chairman, I move we approve petition BD-97-5 subject to staff stipulations. CHAIRMAN THOMAS: Okay, it's moved by Oates, seconded -- MR. BUDD: Second. CHAIRMAN THOMAS: Seconded by Budd. All discussion? -- any further Ail in favor signify by saying aye. Any opposed like sign? (No response.} CHAIRMAN THOMAS: Passed unanimously. BD-97-7. COMMISSIONER OATES: Swear them in. CHAIRMAN THOMAS: Anybody want to speak on this petition, rise so you can be sworn in. Madam Clerk. (Speakers were sworn.}' -MS. MURRAY: Good morning, Susan Murray, principal planner. The subject site is located at 122 Hilo Street on the Isles of Capri. The subject site has approximately 70 feet of water frontage and is located at the south end of Marlin Bay, which is about 400 feet wide. The site has an existing combination boathouse, dock and lift facility, and there is an existing floating wood dock attached to the west side of the boathouse, which presently does not conform to site set back requirements. The applicant plans to retool the existing boathouse, remove the floating wood dock on the west side and add a boatlift to the east side of the boathouse. The total protrusion into the waterway will not exceed what already exists. Staff feels there will be no imposition to navigation since essentially the applicant is simply reroofing an existing structure and adding a boatlift and does not plan to extend the structure into the waterway beyond the existing protrusion. Staff recommends approval of BD-97-7 subject to the stipulations found in your resolution. CHAIRMAN THOMAS: Any questions on the part of staff? I have one question. MS. MURRAy: Sure. CHAIRMAN THOMAS: The floating dock; I see two drawings here, and Page 6 16G 2 April 17, 1997 the floating dock is in that 15-foot set back? MS. MURRAY: That's correct, on the west side. CHAIRMAN THOMAS: And they're going to eliminate that? MS. MURRAY: That's correct. CHAIRMAN THOMAS: Does the petitioner have anything else to add? MR. SCOFIELD: Only if you have questions. CHAIRMAN THOMAS: Any questions of the petitioner? Anybody else in the audience want to speak for or against? The public hearing is closed. What is your pleasure, gentlemen? COMMISSIONER YORK: Mr. Chairman, I move -- move we approve BD-97-7 with all of the staff stipulations. CHAIRMAN THOMAS: Moved by York, seconded by -- COMMISSIONER BUDD: Second. CHAIRMAN THOMAS: Seconded by Budd to approve BD-97-7 with all staff stipulations. Ail in favor signify by saying aye. Any opposed? (No response.) CHAIRMAN THOMAS: Passed unanimously. Petition BD-98-8 97-8. Anybody want to speak for on this petition? Still see three, okay. Madam -- Madam Clerk. (Speakers were sworn) MR. REISCh-L: Gentlemen, petitioner is requesting a l§-foot extension to allow reconfiGuration of an existing dock to accommodate a second boatlift which would extend a total of 35 feet into the waterway. The property is located at 226 Lely Beach Boulevard in Lely B~re'f6ot Beach. The property has 207 feet of water frontage with a riprap revetment on about a 300-foot wide waterway. There is at least six boat dock extensions in this general area of the waterway which is Little Hickory Bay. The view of the neighbors would not be affected. The boat dock is located on the center of the lot and the property owner owns the lot to the north. We ham received no objections, and staff recommends approval. CHAIRMAN THOMAS: AnY questions of staff? Petitioner, do you have anything to add? MR. SCOFIELD: I will just answer questions if you have any. CHAIRMAN THOMAS: Okay. Nelson. COMMISSIONER NELSON: Just a quick question. When you see the plans, it's clear that that L-shaped new addition to the dock is clearly an addition. I wondered why in the design you didn't simply extend the existing dock, the 'T" out, and the left side out? Do you follow what I mean? In other words, what you have done is add a whole new section on to it rather than simply extending the existing dock and making it more uniform. Any reason for that? MR. SCOFIELD: The -- well, we were going to leave the existing dock there and just add on -- and add on to the front of it. COMMISSIONER NELSON: Right. MR. SCOFIELD: Just a little bit further. The -- the reason we Page 7 16G 2 - April 17, 1997 removed -- the environmental department of the county now is requiring -- they have come up with some new stuff following the state rules kind of, and when you're going out for an extension now, they like to see you eliminate dock space going out to where you need to go because of light filtering down and getting in the, you know -- they want less shaded areas is what they want, and so now the rules now proposed is going to be where walk ways are going to be reduced and everything else is going to be reduced to get out if you want an extension. That's -- that's why we removed part. They said either remove all of the old dock or the part of it -- the part -- the reason we left the little -- the right side of the "T," the old T-dock is because the boatlift to the south is going to be used for a jet ski COMMISSIONER NELSON: Uh-huh. ' MR. SCOFIELD: And he accesses it through the old -- the tip of the old dock, I guess, is what he was wanting. COMMISSIONER NELSON: But you needed that additional five feet that you added on? MR. SCOFIELD: Yes. CHAIRMAN THOMAS: Just wait a minute, sir. COMMISSIONER NELSON: You needed -- you needed that additional five feet of the whole new dock that goes out further? MR. SCOFIELD: That's correct. CHAIRMAN THOMAS: Okay. If you want to speak you need to come and get sworn in, because you didn't get sworn in when you were given the opportunity. Madam Clerk, would you -- give your name for the record so she can swear you. MR. ROBINSON: Samuel C. Robinson. I'm the owner. Samuel C. R6b{n~on, R-o-b-i-n-s-o-n. (Speaker was sworn.) MR. ROBINSON: To answer -- CHAIRMAN THOMAS: Come to the microphone. COMMISSIONER NELSON: Thank you, Mr. Robinson. MR. ROBINSON: I just -- to answer your question, the reason that I went five foot further out than the existing dock is to clear the mangroves, because had I just extended the existing, the mangroves would have been hanging over the dock, and I do not wish to disturb those. I like my fishing, and that's fish habitat. COMMISSIONER NELSON: Very good. MR. ROBINSON: Does that answer your question? COMMISSIONER NELSON: Yes, it does, thank you. CHAIRMAN THOMAS: Anybody else want to speak? Any other questions on the part of the -- okay. Close the public hearing. What's your pleasure, gentlemen? COM~{ISSIONER OATES: Mr. Chairman, I move we approve -- C~IRMAN THOMAS: Mr. Oates. CO~M'/SSIONER OATES: -- BD-97-8 subject to staff stipulations. CHAIRMAN THOMAS: Is there a second? COMMISSIONER BUDD: Second. Page 8 16G April 17, 1997 CHAIRMAN THOMAS: Okay. We got it moved by Oates and seconded by Budd to approve BD-97-8 including all staff stipulations. Any further discussion? Ail in favor signify by saying aye. Any opposed like sign? (No response.) CHAIRMAN THOMAS: Passed unanimously. COMMISSIONER OATES: Mr. Chairman, I have a question. CHAIRMAN THOMAS: Yes sir. COMMISSIONER OATES: On item 'J," the Pelican Strand, it says readvertised. Do we have to continue that or anything? SPEAKER FROM THE AUDIENCE: It was never advertised. COMMISSIONER OATES: It was never advertised; so why is it on here? SPEAKER FROM THE AUDIENCE: (Inaudible.) COMMISSIONER OATES: Okay. So we just forget about it, huh. SPEAKER FROM THE AUDIENCE: (Inaudible.) CHAIRMAN THOMAS: Okay. We'll move on to PUD 82 -- 26(2), Mr. Bellows. MR. BELLOWS: For the record, Ray Bellows, principal planner with current planning staff presenting petition PUD-82-26(2), Blair Foley of Coastal Engineering requesting a rezone from PUD to PUD for the purposes of amending the Village Place planned unit development and master plan. CHAIRMAN THOMAS: Before you go any further, I'm sorry. MR. BELLOWS: Sure. CHAIRMAN THOMAS: Anybody who wants to speak on this petition, w~l% you stand so you can be sworn in. (Speakers were sworn.) MR. BELLOWS: Now, the subject site is located on the west side of U. S. 41 and on the east side of Vanderbilt Drive. Due to changes in the market demand, the petitioner proposes to modify the master plan by relocating the western access point from the County Road 860 right-of-way, which is basically the east/west Livingston Road extension, and relocating it to Vanderbilt Drive. The proposed access point will be aligned with the entrance to Arbor Trace. The petitioner is also reducing the number of residential tracts from five to three, which will allow for a larger conservation area. Basically that acreage increases from 9.5 acres to 15.5 acres. Other amendments in this PUD document include changing the designation of the conservation preservation easements to tracts if platted. Also, the transportation commitments have been revised to add conditions concerning consistency with the access management plan and providing the required turn lane features from U. S. 41. Lastly, the environmental and engineering development commitments have been updated to be consistent with the land development code. Since no changes are proposed to the number of dwelling units, ~h~ density of four point -- of four units per acre is consistent with t_he growth management plan. Traffic circulation element review indicates that the amendment Page 9 16G April 17, 1997 won't change traffic impacts that were previously approved, therefore, the petitioner states the proposed changes to the residential tracts and access points will allow for a larger unified conservation area as depicted on the master plan, and provide some central access to serve the development on the western half of the project. Compatibility study by staff indicates that the proposed amendment will not change the essential nature of this approved PUD, will not affect the type of dwelling units that are currently approved or the density. Therefore, staff is recommending that the Planning Commission for petition for PUD-82-26(2) to the Board of County Commissioners with the recommendation of approval. CHAIRMAN THOMAS: Any questions of staff? COMMISSIONER OATES: Mr. Chairman, no questions, but I have a -- it seems to me that we're going to double the conservation area and line uD the drive or the exit with Arbor Trace, which all seem like pluses to me, so I think it's a good petition. CHAIRMAN THOMAS: Does the petitioner have anything to add? MR. FOLEY: For the record, good morning, Blair Foley, representing the petitioner. Just here to answer any questions if you may have any. CHAIRMAN THOMAS: Anybody else in the audience want to speak for or against this petition? Seeing none, I close the public hearing. What is your pleasure, gentlemen? COMMISSIONER YORK: Mr. Chairman, I move that we forward PUD-82-26(2) to the Board of County Commissioners with a recommendation fpr.~pproval. CHAIRMAN THOMAS: Moved by York. COMMISSIONER OATES: Second. CHAIRMAN THOMAS: Seconded by Oates. All in favor signify by saying aye. Any opposed? (No response.) CHAIRMAN THOMAS: Passed unanimously. PUD-90-1(2). Anybody want to speak for or against this, stand up so you can be sworn in. (Speakers were sworn.) MR. NINO: Ron Nino for the record. The petition that's before you would have the effect of repealing the current PUD document and ordinance number for the Richland PUD and adopting a new one. That is done more for administrative convenience than any for -- than for any substantive change to this PUD. The PUD really has only one change to it in terms of the text, and that is to reduce the side-yard requirement for single-family housing from seven and-a-half feet to five feet, which is consistent with most of the PUDs that we deal with. However, this amendment would also r~DLace the map. I believe in your package you have the current map an~ ~u have the new map. Apparently -- well, not apparently -- there are a great number of Page 10 16G 2 April 17, 1997 environmental permitting problems with this -- wiuh this section of land, and they are now fine tuned to the point where those determinations required the plan to planned changes don't indicate that be changed, and staff review of the there are any -- any problems created as a result of the change to the master plan The master provided for a road that would have traversed from 9~1 plan through to Immokalee Road, and to some extent a less direct route as ........ ~hat ~ill still be o - ~_ Dro~ ~, ........ ~u~eu To the otis' _ P ssible, but ~ ~u,r~_~~ --_~s tn? same but somew ~nal plan. The commercial ~ ~=uun~l red hat reconfi red. gu , again, because of the environm~tal co~i~i~e~ property. There certainly are no growth management plan inconsistency ethe relationships here. We recommend approval of the revised PUD. CHAIRMAN THOMAS: Questions from staff? COMMISSIONER OATES: Mr. Chairman, I would like to ask Mr. Mulhere. CHAIRMAN THOMAS: Oates. COMMISSIONER OATES: This is one of those activity centers that we discussed the other day; is that correct? MR. MLrLHERE: Yes, it's in that -- COMMISSIONER OATES: And this is the one that we decided to take out and not have it be definitive lines drawn? MR. MULHERE: I don't believe that this -- this activity center -- I'm not sure if it will remain the same, but it was defined -- defined boundary. COMMISSIONER OATES: It was defined? MR. MULHERE: Yes. As it's proposed right now and from the board. Of course the board hasn't had a final hearing. .... COMMISSIONER OATES: No, I understand that. So only this one corner would be commercial; is that correct? MR. MULHERE: Of the activity center~ COMMISSIONER OATES: Yeah. ' CHAIRMAN THOMAS: No, that -- we didn't decide that. COMMISSIONER OATES: That's why I say it wasn't this is one of the ones that we --. -- CHAIRMA~ THOMAS': That we planned to do it -- COMMISSIONER OATES: That we planned to do it when we get around to -- not necessarily get around to it but .... MR. MULHERE: With the master plan? COMMISSIONER OATES: Yeah, okay. MR. MUL~ERE: Yes. COMMISSIONER OATES: Okay, thank you. CHAIRMAN THOMAS: AnY other questions of staff? Does the petitioner have anything to add? Anybody else want to speak for or against this? Seeing none, I close the public hearing. What is your pleasure, gentlemen? COM~fISSIONER 0ATES: Mr. Chairman, I to the Board of County Commissioners with move we forward PUD-90-1(2) subject to the staff stipulations, a recommendation of approval Page 11 16G 2 April 17, 1997 COMMISSIONER PEDONE: Second. CHAIRMAN THOMAS: Okay, moved by 0ares, seconaed by Pedone. Any further discussion? All in favor signify by saying aye. AnY opposed? (No response.) CHAIRMAN THOMAS: Passed unanimously. Okay, we're back to the other graphic one, PUD-97-1. · Can I have everybody who is going to speak on this petition stand and raise your hand. One, two, three, okay Madam Clerk. · Will you please stand up, folks. So we have got three, six. Okay, thank you. Excuse me, will you gentlemen stand up so you can be sworn in, please. (Speakers were sworn.) CHAIRMAN THOMAS: Okay, thank you. Proceed sir. MR. MULHERE: One minute. Are you going to speak at all on this petition? CHAIRMAN THOMAS: Okay, now, there are only two lights you have got to turn off, that one. MS. MURRAY: I have got to pass some stuff. CHAIRMAN THOMAS: No, wrong light, 6he one on top. There you go. All right. Ross.COMMISSIONER OATES: You're going to get this right eventually, MS. MURRAY: This is to give you an idea of what we can do with tbi~ t~e of software. COMMISSIONER YORK: This is a first. COMMISSIONER PEDONE: A little Beethoven. A little class. MS. MURRAY: Susan Murray, principal planner. As the screen says, this PUD-97-1, Eboli PUD. This is a brand new pUD, a request for rezoning from agricultural to PUD. Subject site located a half mile west of the 1-75 Immokalee Road interchange. It's located on the south side of Immokalee Road and east of the April Circle pUD. We have got a site map here. As you will see, the subject site is located right here. Hang on just a second, let me change my pen color. Okay. Subject site is located on the south side of Immokalee Road. This is 1-75 to the east, Airport Road, and the intersection of Immokalee Road to the west. This is the April Circle PUD immediately west, and to the north we have the Carlton Lakes PUD. CHAIRMAN THOMAS: Question. MS. MURRAY: Sure. is? CHAIRMAN THOMAS: That's where -- April Circle is where Windsong MS. MURRAY: That's correct, Windsong Apartments. CHAIRMAN THOMAS: Okay. Page 12 16G 2 - April 17, 1997 MS. MURRAy: Bear with me for just a second while I get my technical orientation here. Okay· To give you a brief site description. native vegetation and a wetland area on the The subject site is 8.92 acres in area·. It's currently undeveloped. It houses quite a bit of · southern one sixth of the site The site is located in overlapping activity center density bands which are located around the intersection of Airport Road and Immokalee Road and the interchange of 1-75 and Immokalee Road· The current zoning on the property is agricultural and the future land use designation is urban residential. The applicant is proposing to construct multi-family and two-family dwelling units at a proposed density of 8 97 dwelling units an ~cre ~or a ~otal number of units of 80. These units of one, · ~wo a~.d three berm dwelli _- will con stories 1n height, __ ng unit~. They wil _ sist and they are proposed to s ....... ~ ~e o~e to two will be recreational facilities for use of the residents there, more -~u~u ~wo lakes. There than likely to include a pool and a clubhouse. And the southern one sixth of the site which I told you mostly consists of wetland areas will be preserved as a natural preserve area. There may or may not be pedestrian access to that area. And there will be accessory uses such as carports and garages. A little bit of a description of the surrounding land uses to the north. As I mentioned, we have the Carlton Lakes PUD. That's 245.77 acres in area. Seven acres of this pUD has been approved for commercial use; the rest is residential. They were approved at a gross density of 2.62 dwelling units per acre, and access to this pUD is from Immokalee Road. CHAIRMAN THOMAS: QueStion. ''MS. MURRAy: Yes. CHAIRMAN THOMAS: Back to the density on that -- that 2.2, that's gross? MS. MURRAY: That's gross density. CHAIRMAN THOMAS: Okay, but it's built -- it's built out -- if you look at the actual configuration, it's built out more like about six units an acre, isn't it? MS. MURRAY: Probably ._ you're probably right around -_ around that number if you subtract roadways and the commercial. COMMISSIONER YORK: Susan, the Petitioner is requesting seven? MS. MURRAy: The petitioner is requesting eight point seven or three, I'm sorry. CHAIRMAN THOMAS: Seven if I remember correctly. MS. MURRAY: Thank you, 8.92. The property and the requested density are similar. To the south we have a va . approximately ten a .... ~- cant agricultural ~,~ . use, but it ..... ~t~ an area. There,s ~..~-- ~--~' It-s of the futur~ ~r~engly vacant. Access t~'~C?.?= Past excavation ~ . ~xv~ngston Road ..... , ~'.j~ ~z~e would o~ thla property. =~uenslon, wnic~ runs ..... be by way ~ uae west side To the east we have another agricultural tract which is also vacant. Nine acres in area, and accesses Immokalee Road. Page 13 16G 2 April 17, 1997 To the west, as I mentioned, April Circle PUD. It's 9.35 acres in area. It is currently built out with 120 dwelling units, and they are all multi-family residential, and their gross density was approved at 12.8 dwelling units per acre, and just to clarify, they did receive a density bonus. The growth management plan allows up to eight dwelling units an acre for a total of eighteen that they originally qualified for, however, they were approved at 12.8 dwelling units per acre. And this density bonus was allowed because they were constructing low to moderate income housing. Access to April Circle PUD is also from Immokalee Road. Consistency with the growth management plan: The density rating system as described in the growth management plan, I went ahead and calculated out the subject site, how we arrived at the allowable density of the subject site. The site has a base density or is allowed a base density of four dwelling units an acre. Because of its location within an activity center density band, this then permitted them an additional three dwelling units per acre, and because it qualifies as a residential infill as defined in the growth management plan, it also qualifies for an additional three dwelling units per acre for a maximum allowable density of ten dwelling units per acre. I would like to touch on the residential infill a little bit. That's why it's highlighted, and I would like to just show the definition of -- or the description of residential infill as can be found in the growth management plan. And basically the intent is to encourage residential infill. Three residential dwelling units per growth acre may be added if a project is ten acres or less in size, located within an area with central water and sewer service, and under the following conditions: -First, project has to be compatible with surrounding land uses. Second, there has to be no common site development plan with adjoining properties. Third, there has to be no common ownership with adjacent parcels, and last, the parcel cannot be created to take advantage of the infill residential density. This subject site does meet all of these conditions. I would like to go a little bit into and touch on an issue with regard to residential infill and the one major issue that staff has with this project, and that is the intent for the three dwelling unit per acre density bonus and the encou w~I_wen? through and just highli.h~e~en~ of. residential infill. · un aevelopment that plannin- c ~,_ u mour ~riteria that corres ~esidentzal infzll. And the ~._~szaer~ -_ pzanning staff lnfi11 or the growth management plan encourages residential development in areas'whichirealready si iii ncourage residential I am sure ou . . gn cantly built · ..... Y are familiar ~ ~ _= .~ out. And this =urn, uarlton Lakes are all'b2-S~~ u~ =no~e PUDs, the Pelics- ~ as close to being built out r ~alrly new, definitely not 'A_~.f~t,.the only PUD real1 in that is built out is the pzaa circle pUD immed~--~ ~. that area S~ s~&~f felt that the subject site does not necessarily fall into this .... ~ au]acent to this. classification of being a pocket of undeveloped land surrounded by significantly developed properties thus qualifying for residential Page 14 April 17, 1997 infill. Infill is intended to encourage development where utilities and services exist, which is true in this case, and to discourage urban sprawl and development in rural areas and extension of utilities and services. Although this is not a rural area as shown on the future land use map of the comprehensive plan, we do have quite a bit of agriculturally zoned land, undeveloped land surrounding the subject property. And this is, I mean, one of the hottest areas of the county for growth and development, especially with the new Pelican Strand PUD being recently approved. Also, the intent for infi11 is to discourage incompatibility between land uses and avoid the incompatible spot type of land uses where you get pockets of vacant tracts surrounded by residential type development and with the possibility of people coming and developing those parcels incompatibly with surrounding development. So we also felt that the subject site did not meet that intent. I am going to go quickly through this because we didn't have any issues with the other elements of the comprehensive plan. The project -- CHAIRMAN THOMAS: Question. MS. MURRAY: Sure. CHAIRMAN THOMAS: These -- these -- all this stuff that you're giving now is assuming the 80 units? MS. MURRAY: That's correct. CHAIRMAN THOMAS: Thank you. MS. MURRAY: The proposed project does not exceed the five percent significance test. It will not lower the level of service below the adopted level of service of D. Immokalee Road is currently operating at L~S'A" and the -- excuse me, the current traffic count is 22,641 average daily trips. It's located outside an area of historical and archeological probability, therefore, no assessment -- survey and assessment is required -- and consistency with the future land use element. The subject site is consistent with the future land use element in that it is designated urban residential mixed use on the future land use map. The proposed layout of the site does minimize residential land uses adjacent to Immokalee Road. The PUD document specifies a 50-foot setback from Immokalee Road, and there is a proposed berm or berm wall combination along Immokalee Road for buffering which will serve to buffer the residential uses from Immokalee Road. The residential land uses on the proposed site design are concentrated towards the interior of the site. They are compatible in use with April Circle PUD. Excuse me, I have happy fingers here Let me go back. They are compatible in use with the April Circle P6D which is multi-family, also. CHAIRMAN THOMAS: At twelve units an acre. MS. MURRAY: Compatible in use, not in density. The proposed project is going to be multi-family, also, and that's the only compatibility. Ten to 40-foot yard setbacks and a 30-foot height Page 15 16G April 17, 1997 limit will provide open space and buffering between the April Circle PUD and this site. The preserve area to the south will serve as a significant buffer between the subject site and the southern parcel, and there is a proposed shared-access easement between the subject site and the eastern parcel to facilitate access onto Immokalee Road from when this eastern parcel builds out and to eliminate driveways on Immokalee Road. Public sanitary sewer and municipal water are -- are available to the site, and surface water management concerns will be addressed at time of STP. The site is in a pretty good location. It's concentrated in an area with other approved residential PUDs. It's a half mile east of the commercial portion of Pelican Strand. It's a half mile -- also a half mile east of some commercial PUPs, which have been approved, and a half mile west of the commercial professional sites located at Airport Road and Immokalee Road. Staff did a -- I did a brief summary here of the pros of the project. First one, the rezoning from agricultural to PUD and the multi-family development is consistent with the future land use element of the growth management plan. Second, the multi-family residential land use is compatible with the surrounding residential land uses. Third, the requested density authorized in the growth management plans -- excuse me. The requested density is authorized in the growth management plan's density rating system, and the preservation area proposed for the south end of the site does double as a buffer. The proposed development will not degrade traffic on Immokalee Road below the adopted level of service. There are commercial and professional areas located within reasonable distance to serve the residents of this site, and water and sewer service are available. The setbacks -- the proposed setbacks are sufficient for buffers from the road and neighboring properties. The proposed joint access with the property to the east will eliminate driveways onto Immokalee Road, and the applicant is also proposing to architecturally unify the structure's landscaping and signage on the site. Cons of the proposed project: The requested density is inconsistent with surrounding residential PUDs, and in just a second I'm going to show you how that is so. And the provision to allow an increase in density of three dwelling units per acre does not meet the intent of residential infill type of development, and I have already discussed that so I won't discuss that any further. I did a brief breakdown of the surrounding PUDs, and in just a minute I will flash a map up, and you also have the map I gave -- gave to you if you want to follow along. Carlton Lakes is immediately to the north. I won't go through the whole list, but you can see it was approved 2.62 dwelling units per acre. This is an 80-acre portion of Pelican Marsh, which is located just west of the subject site, which was approved at a gross density Page 16 166 2. April 17, 1997 of 2.81 dwelling units per acre. But as you go through the list --. CHAIRMAN THOMAS: You say just west I thought just west was the April Circle? · MS. MURRAY: I'm sorry, on the west side of April Circle, if you go west of April Circle you will see Pelican Strand. CHAIRMAN THOMAS: Okay. MS. MURRAY: But as you can see, there really isn't anything -- any PUD that's been approved that's greater -- in the immediate area that's greater than seven dwelling units per acre, with the exception of the April Circle pUD, and I explained why they were able to obtain the density they did based on the low to moderate income housing. I apologize for the clarity of this map, but that's why I handed out a map to you if you want to follow along Just to give you an idea of where these are located. This is 1-75 and Immokalee Road, and the subject site is located right here. This is the April Circle PUD. To the north we have Carlton Lakes, then Pelican Strand. Excuse my arrows. The Huntington PUD -- and I can't even read the map -_ Long Shore Lakes. Anyway, my point is all these PUDs have been approved for less than seven dwelling units per acre with the exception of the April Circle PUD. And let me get back here. In summary -_ oh, just -- just for informational purposes and out of curiosity I did a little bit of research on some of the smaller PUDs, because I know a lot of people make the arguments that on some of these smaller sites in order for it to be economically feasible, we have to develop at higher densities, otherwise the project just doesn't work economically. .... ~o out of curiosity, I went around and did some research and saw PUDs 25 acres or less, and I tried to focus around ten acres. I did find some that were less. I did find some that were more. Just to take a look at the approved gross densities of these projects, and you can see there's plenty of PUDs that have been approved that are smaller in size that are right around seven to eight dwelling units per acres, most of them less. Okay, with that I will just go ahead and give you staff's recommendation. CHAIRMAN THOMAS: Back on that list that you had two of those affordable housing PUDs, Sander's Pines and Summer Glen. MS. MURRAy: Uh-huh. CHAIRMAN THOMAS: So they got the density bonus on those? MS. MURRAY: But they're still at a fairly low low density on small sites. -- Excuse me. Okay. Staff is recommending approval of the proposed project, the proposed rezoning with the following conditions: Staff would like to see the density at seven dwelling units per acre for a maximum build-out of 63 multi-family dwelling units. Additionally, in the PUD document and under requirements, staff would like to add a stipulation that the proposed berm and berm and wall combination be -- the wall itself, if there is a wall, be no higher Page 17 16G 2 April 17, 1997 than six feet above any berm for a total height or a maximum permitted height of ten feet. And that's all I have. CHAIRMAN THOMAS: Any questions of staff? Petitioner? Mr. Bellows. MR. HOOVER: For the record, Bill Hoover of Hoover Planning representing the petitioner. CHAIRMAN THOMAS: I apologize to you, Mr. Hoover, for calling you Mr. Bellows. I'm sorry. MR. HOOVER: First I want to discuss the types and intensities of neighboring land uses. To the south is a vacant 7.5 acre parcel that's zoned agricultural. In the staff report it said that was 12 acres, and then on the presentation it just mentioned it was 10 but it actually is 7.5 acres. ' Most of the neighboring remaining land uses are shown on the bottom of this colored plan here for the Carlton Lakes PUD, and right at the bottom here you will see a description of that. To the east are two 9-acre parcels that are currently vacant and zoned agricultural, however, both could be rezoned for a density at this time for up to 10 units per acre. Further to the east are three PUDs approved for 52 acres of commercial land uses along the southern side of Immokalee Road all within the activity center. Activity center parcels are permitted a density of 16 units per acre if they don't request commercial or industrial uses. To the northeast of the site is the Pelican Strand PUD. Along Immukalee Road the project has clustered their commercial uses for 30 acres. Likely behind the commercial uses they will probably put higher density multi-family uses. - Directly to the north is the Carlton Lakes pUD. The project has a density of 3.35 units per acre, not 2.62 units per acre. Apparently, they didn't pull the latest PUD master plan when that was amended, and I did verify my density with Ron Nino a couple of days ago. Since the Carlton Lakes PUD extends a full mile to the north off of Immokalee Road, it's real important to consider what their -- where they're actually putting their single family. The single family in this project is all in the northern 40 percent of the sites and they were preserves; however, more important to our rezoning request, since we're located right here, right across between the commercial and the multi-family, is what's on the southern portion of the site. CHAIRMAN THOMAS: What's the -- that's what I was trying to find out earlier. What's the density of the multi-family portion of Carlton Lakes on the southern end? MR. HOOVER: Okay. I blocked in an area and computed the density. That's at 6.26, so when someone says 2.62 on the site, it's actually 3.35, but it's sort of irrelevant to the petition when you look at the whole project when a lot of these units are over half a mile to a mile away. The seven-acre commercial tract right across into Carlton Lakes where their sales trailer is now, that's going to be an 80,000 Page 18 April 17, 1997 square-foot shopping center or is allowed for that. Directly to the west of the subject property is the Windsong apartment complex, and we Just provided you a copy of their site plan in color, and if you look at their site plan, I think the reason maybe they didn't get the full density is you just can't fit any more units on there. It's interesting to note the PUD says it's 9.35 acres, however, they have lost land to right-of-way. It was one of these deals probably seven or eight years ago where the county -- the county purchased part of the land along the front, but they did get the density before that -- before it got taken out. Additionally, if you look at the site plan and compare it to our site plan, you will notice that it's not as wide, and that's because the western 30 -- the parcels are exactly the same size within maybe one hundredth of an acre, however, the western 30 feet of their site is going to be the future northbound lanes of Livingston Road. So basically they're approved for 120 units which is 50 percent more than we're requesting, however, for -- to do their site planning, they only had 91 percent of the area. So if we figured out, as a site planner, they actually had to jam these units in there at 14.7 units per acre on the part of the land that wasn't for future right-of-way. The second key area I would like to address is what we actually intend to develop on the site. I don't think staff provided you with this site plan that we submitted to them about seven weeks ago, and one of the key things we're doing here is it shows that we have a substantial setback from Livingston Road, excuse me, Immokalee Road, and the units on here -- and this is how we would like to build this if this is approved -- the petitioner is going to -- it's sort of going to be an owner-occupied apartment complex, and if it's approved, this i~v~ry close to what -- there would probably be a few refinements, but currently the building is shown to be over 100 feet off of Immokalee Road which sort of -- one of the biggest complaints on April Circle is that the buildings are right out on top of Immokalee Road, so we're trying to take care of that problem by putting the berm wall combination along Immokalee Road as well as set the units back substantially. CHAIRMAN THOMAS: Question, do you have any problem with the staff stipulation that the combination not exceed ten feet? MR. HOOVER: I think that's what we proposed. I think what they're adding is -- is that any wall in there would not exceed six feet. We don't have a problem with that. CHAIRMAN THOMAS: Okay. MR. HOOVER: Additionally, we're saying that, even though this is going to be an apartment complex, each unit will have a carport or garage which is a nice amenity and will attract better quality people. Except for carports, the roofs will be peaked and finished in tile, metal or architecturally designed shingles such as timber line. If you look at Exhibit C, which is this right here, that's the chosen architectural style by the petitioner, and we have put that in the PUD document stating that all of the buildings would be finished in stucco with light subdued colors. Page 19 April 17, 1997 As proposed, due to the project's sort of strategic location we have tried to design the project so that it would provide an aesthetic first appearance for motorists arriving into Naples from 1-75 coming in on Immokalee Road. MR. RYNDERS: Gentlemen, good morning. My name is David Rynders, representing the petitioner, and I have just a. few comments in connection with the discussion about the application's compliance with the residential infill portions of the growth management plan and the definitions in the land development code. One is that presentation was made on the screen showing two intentions of the residential infill provision of the growth management act, but those intentions are not expressed in writing anywhere in the growth management act as they were put in writing here before this body. They were speculation about what the intention was when the county commissioners adopted it. Now, it may have been someone -- some staff membmr's intention when he drafted it, but we don't know what the intention of the county commission was. One commissioner might have voted fo~ it just to irritate another commissioner. I mean, we don't have no idea. And the cases on this are consistent with my point of view, which is that the cases say we do not look into the intention of a legislative body in adopting a piece of regulatory legislation at all, unless the intention is expressed in the language of the adopted law itself. In other words, they don't speculate that the county commissioners had a good or a bad intention or something like that. What lawyers or what the body is supposed to do that has to apply that law is supposed to just read the literal terms of what it says. And what it actually says is -- in the land development code it talks abou% ~he definition of infill development, and it describes it as a parcel not less than two acres in size due to its location and relationship to other developed parcels, which was the argument made by the staff that there are only a few developed parcels around and most of it's undeveloped. But the definition goes on to sa , parcels approved for develo m y or pent, so that as opposed to what the staff was saying that parcels approved for development but not built out shouldn't be taken into consideration, the actual words in the ordinance say you do take it into consideration, parcels that are not built out but are approved for development. The language of the land use element of the growth management plan regarding residential infill says that there's only -- that if the parcel is less than 10 acres, then there's -- and it's in an area where central water and sewer are available, then there's only four criteria to be met, and the first one is the project must be compatible with surrounding land uses. And the findings in the staff report are that it is compatible with surrounding land uses. And then number two, the property in question has no common site development plan with adjoining parcels, and that's self-evident. Three, there's no common ownership. That's also always self-evident. And four that the parcel in question was not created to take Page 20 16G 2 - April 17, 1997 advantage of the infill residential density provision, and I think that's self evident. So wi~h the staff finding that it is compatible, all those four criteria have been met, so that the parcel comes well within the definition of a residential infill entitlement under the growth management plan and the land use development code. The next thing is that in the staff's report there is no statement in there that this parcel does not meet the requirements of the residential infill provision. In fact, it says that the site -- it says on page three and four, in discussing the growth management plan consistency, that it is simply by virtue of the definition of infill0 as it applies to the density rating system, that this parcel is permitted to have three additional dwelling units -- that's the bottom of page three -- over the permitted base of four and the additional three units due to the proximity to the activity center. So they have said it is by virtue of the definition permitted to do that. I don't know wha~ else people are supposed to go by than the definitions written in these ordinances other than we can speculate ~ha~ three or four county commissioners'had some intention when they voted on something. So I don't think this board or the county has any choice but to follow the ordinance that ~hey themselves have written and to apply ~he literal definitions as the staff recommends. The staff doesn't say in here that it doesn't meet that residential infill requirement. They have said that vocally this morning, but what they did say in here is that i~'s permitted at the base density of four units per acre and it's located within an activity center density band, and then due to the sites location, it gets three plus four and then additionally t~e'r~sidential infill portion of the rating system allows for three dwelling units per acre for a total maximum permitted -- permitted ten dwelling units per acre. So that seems to me a concession that it does apply. MS. STUDENT: I am having a comp plan brought down, but I believe that Mr. Rynders is reading from the land development code, and we do have different definitions between the land code and the comprehensive plan. Also, it's my recollection -- and I'm going to have, as I said -- consult the plan that their language used in there with residential infill and so forth is you may get a certain amount, you know, up to three units an acre, and I believe we have had discussions about this, and it's not necessarily an entitlement, but that it's written in discretionary, not mandatory language. But again, I'm having the comp plan brought down from any office so I can consult the residential infill section of the comp plan, which is what the language in there controls, not necessarily what's in the LDC. MR. MULHERE: I would just reiterate -- CHAIRMAN THOMAS: Mr. Mulhere. MR. MULHERE: Yeah, thank you. With all due respect to Mr. Rynders, I would reiterate that we -- according to the direction from Page 21 16G 2 - April 17, 1997 the Board of County Commissioners that we have received, this is not necessarily an entitlement, but that you may have u~ to three units an acre if you qualify. MR. RYNDERS: Now, that's all a separate question. MR. MULHERE: Yeah, well, the statement that you -- the statement that you qualify does necessarily mean that you get all or part of those three acres -- MR. RYNDERS: All right. MR. MULHERE: -- or three units and, therefore, based on our evaluation, I -- with all due respect, I need to put that on the record from our perspective. MR. RYNDERS: What I heard this morning is that the parcel doesn't qualify as a residential infill, so it's not entitled to it. No one has made a position that it does qualify but should not receive it. No argument that I have heard talks about that. It's just -- the argument this morning is it doesn't qualify for it. MR. MULHERE: I would also disagree with that. We said that it did qualify, but in our opinion it was not compatible and, therefore, our recommendation was seven dwelling units an acre. MR. RYNDERS: Well, they say a number of things in the written staff report, and they state their recommendation, and they state that their recommendation summary -- they have one, two, three, four points, and the fourth one is that findings related to the application support a recommendation of approval and compatibility with adjacent land uses at a density of seven dwelling units per acrs rather than 8.92. So I went to the findings and what I find is the only thing that mentions that or talks about that sort of a thing in the findings was on page seven of the staff's report, findings for PUD says the finding is the f~c~t~at the subject site lies within an overlapping density band between activity centers located at two major intersections makes high density housing within these environs the most reasonable response to land use. And then on the next page, on page eight, they talk finding number three is that the subject petition has been found consistent with the goals, objectives and policies of the growth management plan. So where is the finding that says they are entitled to and qualified for a residential infill of up to three units per acre and they're not asking for the whole three. They're asking for a little less than two of them, and -- and -- and -- but they shouldn't receive any of that residential infill allowance. None of that is in writing, and correct me if I am wrong, but I thought someone did say this morning that they don't believe that it qualifies as a residential infill. CHAIRMAN T~OMAS: Hold your point. MR. ~: On page three, Bob, last paragraph on page three, starting with the third sentence, that, although this parcel is less than the required ten acres in size, according to the LDC, this parcel qualifies -- qualifies as a residential infill parcel and it may be rezoned to PUD. And then we go on further to discuss why we feel as though, although it qualifies, our recommendation is that it not be granted. MR. RYNDERS: I find that strange because there's -- the ten acres Page 22 16G 2_ April 17, 1997 is not a required amount. You don't have to have ten acres. It says a parcel less than ten acres in size It says that in the land use' element. ' Now, see, I get confused here. People start taking my stuff. But the provision of the land use element says a parcel less than ten acres, and the land development code says it has to be more than two acres. So you're kind of squeezed between two and ten, but a statement that although it's not the required ten acres in size implies some deficiency in this and there is none. We're precisely within the parameters of the land development code. So I can't understand what the problem would be. CHAIRMAN THOMAS: Okay. Anything else, sir? MR. RYNDERS: No. Thank you. MS. MURRAY: Just as a -- to clarify. The land development code doe~ not allow parcels less than ten acres in area to be rezoned to PUD unless they qualify or unless they fall under the definition as an infill participate parcel, and in this case, due to the site's location, it's less than ten acres, however, because of its qualifying under the definition of the LDC as an infill parcel, it was permitted to be rezoned to PUD. If it didn't qualify, it would never be before you now. MR. HOOVER: We still have Mr. Quinby speaking. CHAIRMAN THOMAS: Yes, no problem. MR. QUINBY: Good morning. For the record, my name is Jeep Quinby president of Quinby Appraisal and Research. I was retained by the petitioner to do a market analysis on the subject property, and some of my findings, of course, we like to utilize the site for the highest and best use and, of course, ten or mor~ ~nits would be great, but it was my findings that the subject property would be more self-sufficient with less than that. And some of the amenities that I felt that would be attractive for this parcel of property would be that right off the bat with a nice entry theme and with our berm and the wall and set back off of Immokalee Road. One of the things that was a big key to my analysis is tha= I felt that we talked so much in the past about having a gateway to Naples, and Pine Ridge Road to me, that was supposed to be the gateway to Naples. Well, I'm sorry, I don't feel it is the gateway to Naples with what is built there currently and what is proposed. So I felt with this last remaining interchange in the gateway to the northern end of our county that we come up with a nice theme that would be very attractive to the neighborhood. And as you see right now with all the development going on along that corridor, it's the remaining area where we can have a chance to have our gateway. So if some of the other amenities that I felt, by setting the project back in off the highway with a nice berm and an affordable apartment complex, would be very attractive to our area. Along with the amenities in there I felt an apartment complex would be the best for the site with pool, clubhouse, playground, which would attract a diverse clientele for the complex. Also, we felt with having the natural preserves left alone and lakes and carports and also Page 23 16G 2 ' April 17, 1997 with the unit sizes, we felt that not cramming X amount of units into the site, that we could have a very -- a variety of sizes that we could have for our market niche. And several of the apartment complexes that £.studied throughout the county that we felt -- on Airport Road you have the Arbor Walk, which is a relatively very attractive apartment complex that sits in back off the road and has a lot of nice amenities in there, and right next door you have Bear Creek, which sits right out on Airport Road, which may look nice to some people, but the entrance into it is just boo:., it's just right there, right on Airport Road. We felt that if we were competing with Arbor Walk in a sense, a little below that, that it would be an attractive feature for Immokalee Road. Also, we felt that it would be a step ahead of Summerwinds on Pine Ridge Road as well as the Fountain View apartment complex, which is also on Airport Road. And one of the big features, too, that we felt with asking for almost nine units per acre, in studying the neighboring project of Windsong apartments -- and you were handed the different site plans -- and as you can see with the Windsong, I know that it was affordable housing, which we definitely need in this community, but the site is really packed in, and that's why we felt that if we could get almost nine units, we're not really packing our site, and we're not really -- excuse me -- we're not jamming that site. We're giving the building some affordability of some room with -- all with views and -- and some nice amenities to the project. And by keeping a lot of the nature with the preserve and buildings and lakes that the -- the project would have a -- would be an enhancement to supposedly our gateway if we have this opportunity. Thank you. .... CHAIRMAN THOMAS: Mr. York. COMMISSIONER YORK: Mr. Quinby, in your professional opinion, if the -- if the petitioner is not given the density that he asks and staff's recommendation is taken, does, in your professional opinion, will this destroy the economic viability of the project. MR. QUINBY: I don't believe so. You know, with seven units, the only thing it's going to do that I feel -- and I looked at it from several different units -- taking ten units and taking nine units, and taking eight units, and taking seven units. One of the big features I really felt, that by making it smaller, that we could not really utilize the property as an apartment complex. We would have to come in and basically do like a multi-family subdivision, and that's not really what we wanted to obtain. We wanted to do an apartment complex on the site. That's what I felt would be the highest and best use of that property and not put in another multi-family project in there because of all the surrounding projects that are going in right now. There's a heck of a lot of competition going on in there, and I just didn't feel like that was the highest and best use. CQ~4ISSIONER YORK: What you're saying to us, then, is if the density is reduced, it can't be used for an apartment complex? MR. QUINBY: That's correct, that's correct. Page 24 16G 2 April 17, 1997 COMMISSIONER YORK: It would have to be for housing? MR. QUINBY: Yes sir. COMMISSIONER YORK: For conventional housing? MR. QUINBY: That's correct. COMMISSIONER YORK= Thank you. CHAIRMAN THOMAS: Any other questions? Anybody else in the audience want to speak for or against this? Come back, sir. MR. RYNDERS: This is Dave Rynders again on behalf of the petitioner. I found this language that the staff pointed out on page three, and I see that in writing they do concede that it qualifies as a residential infill parcel, and I may have misheard the presentation this morning where I thought that someone said that one criteria was not. In any event, if it qualifies as a standards for granting less th n in~ll parcel, where are the an the three -uthorize~ provisions? Well, the only thing could be that it was somehow -- there are no written standards, but some argument could be made that it's incompatible, but the staff says over and over and over again -- in fact, right on page three, just above that -- that the projected density of 8.92 acres per acre -- 8.92 dwelling units per acre is consistent with the density rating system contained in the land use plan as based on the following relationships. Now, if it's consistent with the land use plan, the requested density, what is the supportive, where is the findings, what are the facts that say some portion of it or none of it should be added to this petitioner. There aren't any in the staff report or anywhere What they -- the only statement they make is that, in their findings, that the majority of the surrounding ' parcels have densities l~ss-than the 8.92 acres. Well, the majority -_ let me find that because it's -- the wording of it is -- well, in any event, they say supporting their recommendation that a majority of the surrounding properties are specified for a density less than 8.92 acres. Well, a majority of the surrounding properties are not within the density ba~d around the activity center, so they're not Sure, they re going to be less because all the have density of four units per acre. You can't compare this parcel with that, because this parcel has a density bonus. Like April had a density bonus for low income housing, this one has a density bonus for being near an activity center, so it's not -- you can't compare its density with parcels outside of the density band. And the majority of the other parcels in the area are not infill parcels, so this parcel is entitled to up to three units per acre, and its density is, therefore, not compatible with parcels that don't have infill acre density bonuses. So to say this parcel ought to have a reduced density because parcels without the density bonus for the activity center a~d parcels without the density bonus for the infill development is an absurd statement. I mean, that's like doing away with those two density bonuses for no reason other than it just seems like a good idea. That's all I want to point out. Page 25 April 17, 1997 CHAIRMAN THOMAS: Thank you, sir. Anybody want to speak for or against this? Close the public hearing. What's your pleasure, gentlemen? COM~4ISSIONER OATES: Mr. Chairm the Board of County ,~,.~ ..... a~, I move we submit PUD 97-1 to ~ Co ...... ~uners wlta a recommendation of approval subject to the staff,s stipulations with the exception that the stipulation be for 80 dwelling units. COM/4ISSIONER BUDD: Second. CHAIRMAN THOMAS: Okay· Moved by Oates, seconded by Budd that we recommend for approval based on the petitioner,s recommendation and eliminate the staff stipulation that reduces the density to seven units an acre. ~L~S~ ~ SON: Ye , ething? LAny discussion? Do you have eom simply because I believe staf~ with :s e~.i~.~_c~a~'t ~upport that motion the surrounding units, and I disagree that it -- that it can't be ..... =aun cnat it's not compatible ~eveloped in a configuration of 63 units, just as it's defined here, 3usc as it's presented. CHAIRMAN THOMAS: I'm going to speak to that just a little bit. And I want to focus your attention to Davis Boulevard· COMMISSIONER PEDONE: I agree with Mr. Nelson on this. I think that it should be at the reduced rate and density. CHAIRMAN THOMAS: I want to still focus your attention to Davis Boulevard. That's why I asked the specific question about Carlton Lakes, okay? If you look at all of the dense development along Davis Boulevard between Airport and Santa Barbara, none of those developments developed higher than three or four units an acre. What I am telling you un' Davis Boulevard itself ._ COMMISSIONER PEDONE: I believe you're -- I believe you're wrong, Mr. Thomas· I think the Osprey Landing is -- CHAIRMAN THOMAS: That's the only one because that's an affordable housing with density bonus, also But I'm talking about the Osprey Landing is compatible when you gg dow~ the street, everything that faces on Davis Boulevard· COMMISSIONER PEDONE: I don't Chi ___ C.HAI.R~N THOMAS: I understan~ 'f~_so. I.live there. wross oensmty of Carlton Lakes -~-$,~.,°~=_mY_~zn~ ~ when you take the an- ~ ~= a~ o: une stuff that you don't see right on Immokalee Road. And Just look at what's on Immokalee Road, and I think these pictures point it out very .dramatically when you talk about the types of buildings you have, what 15 happening is on the major arterials, they rest of the property, but the properties are are more dense than the long and narrow, and that's when they end up with these low densities over the long haul. So I agree with Mr. Oates and Mr. Budd they we need to approve it at the full density because these kinds are necessary, and it just makes more economic and practical sense and it doesn't deteriorate for anything else. But anyway -_ ma'am, do you need to get a copy of these, too? Okay. Any other discussion? Okay. Calling for the vote. Page 26 16G 2 Agril 17, 1997 All in favor signify by saying aye Any opposed? · CHAIRMAN THOMAS: Does it look like a tie? COMMISSIONER OATES: It's a tie vote. MS. STUDENT: In a tie situation, it fails. CHAIRMAN THOMAS: Let me get a roll call Pedone? · COM~ISSIO~ PEDONE: Against. CHAIRMAN THOMAS: Okay. Oates? COMMISSIONER OATES: For. CHAIRMAN THOMAS: York? COMMISSIONER YORK: Against. CHAIRMAN THOMAS: For. COMMISSIONER BUDD: For. COMMISSIONER NELSON: Against. CHAIRMAN THOMAS: That's a 3-3 vote. MS. STUDENT: A tie vote fails. CHAIRMAN'THOMAS: A tie vote fails, okay. Is there another motion that we can make? COMMISSIONER PEDONE: I think we're going to end up with the same vote, aren't we? CHAIRMAN THOMAS: We're going to end up with the same vote. In that case, then this motion fails. MS. STUDENT: The motion fails. CHAIRMAN THOMAS: Okay. The motion fails. fails. The whole motion MS. STUDENT: Right. COMMISSIONER BUDD: Mr. Chairman, I move to approve with the 63 uniTs'as recommended by staff. CHAIRMAN THOMAS: Okay. It's moved by Budd to approve wit~: all the staff stipulations. COMMISSIONER PEDONE: Second. CHAIRMAN THOMAS: Pedone seconds. Ail in favor signify by saying aye. AnY opposed? CHAIRMAN THOMAS: So it passes four to two. The no votes were Oates and Fred Thomas. I'm sorry, I'm sorry, moved by Mr. Budd, seconded by Mr. Pedone. Okay, I'm sorry. Okay. We will move on to petition CU-92 -- 97-2. All that wants to speak on that, please stand to be sworn in. (Speakers were sworn). MR. BELLOWS: For the record, Ray Bellows, principal planner with current planning staff presenting petition CU-97-2, Michael Conrath requesting conditional use to allow for a two-story medical office and health service building. The subject property is located on the northwest corner of Goodlette-Frank Road and Ridge Street. The subject.48-acre lot is currently vacant and is adjacent to an existing medical building. The subject site is also located within the Goodlette-Frank corridor management overlay which provides supplemental zoning regulations which Page 27 April 17, 1997 basically increases setbacks from 25 feet to 50 feet along Goodlette-Frank Road and provides for an additional 25-foot setback for each additional story of building. In addition, the landscaping requirements have been increased by requiring canopy trees with a minimum spread of five feet and a height of ten feet at the time of planting. The traffic impact review indicates that the project will generate 250 trips per day. The level of service on Goodlette Road will not be impacted and is operating at level service B. The ingress/egress is subject to Collier County right-of-way permits and subject to the access management plan. ~ompatibility study by staff indicates that the health service use£ is not a significant issue due to the existing health service increased landscaping and setback requirements for the building to the west and industrial uses to the south. Also, the management will not create a compatibility problem, corridor overlay Therefore, staff recommends that the Collier County Plaruning Commission forward petition CU-97-2 to the Board of County Zoning Appeals with a recommendation of approval. CHAIRMAN THOMAS: Any questions of staff? Does the petitioner want to add anything? COMMISSIONER OATES: He's not here. CHAIRMAN THOMAS: this? Not here. Okay, anybody else want to speak on No. Close the public hearing. What is your pleasure, gentlemen? COMMISSIONER YORK: C~o2_~hairmap, I recommend we move conditional use 97-2 to the Board of approval, uun~y Commissioners with a recommendation for COMMISSIONER BUDD: Second. CHAIRMAN THOMAS: Okay. Moved by York, seconded by Budd. Any further discussion? All in favor, signify by saying aye. AnY opposed? (No response) CHAIRMAN THOMAS: Passed unanimously. Do your findings of fact, gentlemen, and pass them down. COMMISSIONER YORK: Is today the 16th? CHAIRMAN THOMAS: Seventeenth. Today is the 17th. Okay, Collier County streetscape master plan MS. SIEMION: Good morning.· CHAIRMAN THOMAS: Mrs. Student, Mrs. Student, we don't have to swear anybody in on this one? MS. STUDENT: That is right, this is legislative CHAIRMAN THOMAS: Right, okay. · MS. SIEMION: Good mornin . arch/tect with current -~-- · g' I am Nancy Siemion, landscape · ~nn~ng, and I'm here to present the Collier County streetscape master plan to you. I have a brief history. On December 17th, George Botner presented the Collier County streetscape master plan to the Board of Collier Page 28 2 - April 17, 1997 the land development code. :ed that staff incorporate it into Now, since the streetscape master plan does affect adjacent land uses, it must be passed by ordinance before we can incorporate it into the land development code, and that is why we are here this morning. Staff does recommend that the Collier County Planning Commission forward this proposed ordinance to the BCC for -- with a recommendation for approval, and the ordinance is before you. CHAIRMAN THOMAS: Okay. Any questions on the part of -- questions of staff? any I don't hear any. I got one. I want to make one -- I want to make one strong clarification, make sure I understand. Even though there's no mention of coastal urban area, there are specific streets that are only in the coastal urban area that are affected by this; is that correct? MS. SIEMION: Correct. COMMISSIONER YORK: There's a map in here. CHAIRMAN THOMAS: And the piece that I see on page -- page one of six that deals with the streetscape network. MS. SIEMION: It's the map. CHAIRMAN THOMAS: That is it? MS. SIEMION: Yes. CHAIRMAN THOMAS: It takes an amendment to the ordinance to make a change in that? MS. SIEMION: Yes. CHAIRMAN THOMAS: Okay. No problem. Okay. There's no questions of the staff. Okay. Then Mr Bother, try'hOt to lose any votes. · HR. BOTNER: I will work very hard at that, Commissioner Thomas. COMMISSIONER OATES: Mr. Chairman, I think it's fair to say that I am very prejudiced on this issue, that I served on the Collier Naplescape board of directors for about ten years and just recently went off that board, and my wife paid for funding of the second phase, so I am prejudiced. HR. BOTNER: For the record, George Botner, president of Collier Naplescape. As you all probably know, we have spent about three and-a-half years developing the streetscape master plan for this co.mmunity~ and as Commissioner Thomas rightfully olnts relate Primarily to the urban a ...... P ' out, it does teas as ~e=lne~ -- our comp plan. It can be expanded, there's no question about that. Anybody that wants in can get in, but basically that's the area of influence of the streetscape master plan. The only thing I wanted to talk to you about really relates to some of the legal language that occurs i~ the ordinance, and I would have to say that we feel very strongly aDout what I a~ about to say, and if you have a -- does everybody have a copy of the ordinance the draft ordinance? , CHAIRMAN THOMAS: Yes. MR. BOTNER: On the -- on the second page, under section two Page 29 168 2 April 17, 1997 where -. where it says land development code and ordinances prevail, what we feel is, is that we have developed a document that can actually be the guideline for revising some old antiquated ordinances that we have related to landscape within our public rights of way so that I guess the problem that we have with this language as it is written is that what we would like to do and have always suggested be done and will take on as our next chore and task is to go ahead and get the streetscape master plan adopted and then go back and fix those other old ordinances so that the streetscape master plan can be, you know, the kind of document that we had always envisioned it to become. And I know Marjorie has got some concern to that as it relates to legal issues. MS. STUDENT. The c - tO r~- · oun~ ~ ent the county attorney because he reviewed this and am here d°cume~that's at issue. Y attorney has the ~oncern, and I read the CHAIRMAN THOMAS: Let me see if I can just ask you one question, Mr. Bother. The language that I see in here under section two just indicates that if there s a conflict between the Naplescape and any existing ordinances in the LDC, that those ordinances of LDC shall -_ shall prevail. -~ .,MS. STUDENT. And I -- · would l~ke to cor~ment on that, if I may. ~nat s there because to assist the Naplescape folks, this needs to be reviewed and to be cleane ....... . document ordinances that the county has, and to accommodate the Naplescape folks, we fast-tracked it as it is, d ,~ ~u harmonized with other language is placed in there because and Mr. Weigel tells me that it will be harmonized __ the other ordinances will be harmonized with this and vice-versa and that in his opinion that our current county ordinances and land development must control over this because this is a guideline, also, code moment until such time as this will, takes place, harmonization ~,~ ...... for.the ~. BOTNER: ~'~ ~Ynunesls, i= you But that's not what it says. That's not what the language says. The language says to me very clearly that we have a streetscape master plan, that's fine, well, and good, but these old ordinances are going to prevail over it. MS. STUDENT: That,s only for the short term until they can be synthesized. CHAIRMAN THOMAS: The fact of the matter is I don't know if anybody knows the full impact of what these ordinances __ what this streetscape will do, especially with the level of detail that it covers on how the corridors will be developed and maintained, so it would be wise -- I think Weigel is right in making sure that when we come to a conflict we make a change in the ordinance or change in the streetscape, whichever is deemed to be the way to do it at that particular time. t MS. STUDENT: Again ~' emporary unti~ ~_. , cnls isn't wri~ .... ' ~=Y can be s . ~=n in stone. Thi ' accommodate the NaplescaDe n,~Y~e~%z~d because we're COMMISSIONER OATES: Can't we say something to the effect that it .... ~= uy fast tracking this/ should be the intention of this ordinance that in the future these Page 30 16G 2 April 17, 1997 synthesizations, if that's the word you want to use, be accomplished? MS. STUDENT: That's going to happen because Mr. Weigel and I have the document in our office and we have it unaer review. So I think the language, as it stands, I would support -- obviously support my office and suggest -- actually, this is not really the substance of the ordinance that you usually are called upon to review. This is purely a legal matter. COM)fISSIONER OATES: Yeah, but you and Mr Weigel aren't immortal, are you? · MS. STUDENT: I don't think so, but I don't anticipate dying anytf4ne soon. COMMISSIONER OATES: Well, I know you don't. MR. MULR~RE: And I think we will have this fixed very shortly. CHAIRMAN THOMAS: Mr. Oates, Mr. Oates, excuse me, Mr. Oates, I believe that this document in its entirety is included in the LDC's review that we're doing right now. MS. STUDENT: It is. It is in LDC. CHAIRMAN THOMAS: Okay. So that -- COMMISSIONER OATES: But that could be another year before that's approved. MR. MULHERE: No, it's in -- MS. STUDENT: It's in there right now, Mr. Oates, it's in there right now. COMMISSIONER OATES: It doesn't have to go to DCA? MS. STUDENT: The LDC does not go to DCA. COMMISSIONER OATES: Oh, it does not? I'm sorry. CHAIRMAN THOMAS: Okay. So document, in its entirety, has been included, because we looked at it when we started talking about the LDC amen~lm~nts. MR. BOTNER: Right. CHAIRMAN THOMAS: So going through this cycle, you understand, would make it consistent with the LDC. And the only thing we have to worry about, any other minor -- I call them minor ordinances that may be in conflict then with the LDC which we will take care of very quickly. ' MS. STUDENT: Yeah, and the reason this is in here is because there wasn't time to do it now and we're trying to accommodate Mr. BOther and the Naplescape folks and this is, you know, the best that we can do. ' MR. BOTNER: Could I just add one point to that. Following up on Commissioner Oates' idea and that is the way the language is written now, it's totally one-sided in the direction of these old antiquated ordinances. Is there not some language or something we can put in here that suggests that there should be a way that we're looking for a resolution? MS. STUDENT: That -- that can be part of the record. CHAIRMAN THOMAS: Hold -- hold on relating Ms. Student, hold on Ms. Student. Did you want to get in on this, Mr. Nelson? COMMISSIONER NELSON: I only -- I only wanted to ask because sometimes if there are specific problems that you may be aware of, we Page 31 16G April 17, 1997 maybe could handle those. Are you aware where the existing code in any way will block the streetscape plans that are in the master plan? MR. BOTNER: I am not aware that it will absolutely block it, but there are some areas that need to be resolved between the old ordinances relating to transportation. COMMISSIONER NELSON: Can you give us an example of the most serious conflict that you're aware of? MR. BOTNER: The most serious conflicts relate not just to the ordinances themselves but to the implementation language of the ordinances through some design guidelines, if you will, that have come out of the maintenance department and transportation that would be in conflict with the principles of the streetscape master plan, and there are several of those. They are not insurmountable. You know, we can work them out. All we want is the language that gives us the flexibility to do that. CHAIRMA/~ THOMAS: Again, I understand what you're saying, Mr. Botner, but we're doing the LDC right now. This, in its entirety, is in the LDC, so what will end up happening as of June, because we plan to approve the LDC in June, correct? MR. MULHERE: The board's final hearing is in June. CHAIRMAN THOMAS: The final hearing is in June. That's two months away. That those ordinances will not be in conflict with the streetscape, those ordinances will be in conflict with the LDC, and I believe in those situations the LDC is the one that prevails. And I have to ask Ms. Student. MR. MULHERE: That's a good question. I would say that -- CHAIRMAN THOMAS: So we're only talking about a two-month window that you got to worry about. '-MR. MULHERE: I think Mr. Botner is correct. I don't think there is much of a conflict, if any, between the LDC and the streetscape master plan. As a matter of fact, part of amendment cycle that we proposed to you is some additional language that says a) all future landscape -- right-of-way landscape plans will adhere to the streetscape master plan, and b) property owners within streets that are identified in the streetscape master plan will utilize the streetscape master plan as a guideline for their edge treatments. So it covers both of them in the language that we proposed, but -- and I think where Mr. BOther is coming from, correct me if I am wrong, but there have been -- the transportation and capital projects people have contacted me and said they may have some concerns and they support -- in conception, they support it and -- and -- but that they would like the opportunity, if concerns arise, to present those, if need be, to amend the document. We don't know the specifics. I don't know of any specifics. CHAIRMAN THOMAS: Let me ask Ms. Student one question. MS. STUDENT: Mr. Weigel, by the way, is on his way down because he has more familiarity. C~AIRMAN THOMAS: One question, Ms. Student, one question. Once the LDC amendments are approved in June and the streetscape is included within that, okay, whi6h prevails? Some of those Page 32 16G Z - April 17, 1997 transportation ordinances or the LDC? MR. MULHERE: That's the question we have. MS. STUDENT: That's the question. There's going to be a conflict and that's why this language is in here. CHAIRMAN THOMAS: But I thought we had language in -- when we did the LDC before, we had language showing that the LDC shall prevail. MS. STUDENT: There's conflict in severability language that you just always put in an ordinance, and I don't have it. Let's see if I can find this adopting ordinance in the LDC because it's pretty standard stuff. If you will just bear with me for a minute while I see if it's in here. Severability. CHAIRMAN THOMAS: We're going to take a little break and while she's changing her paper, let's do one other thing. Let's do one other thing. MS. STUDENT: Mr. Weigel will be down in any event. (Short break was taken). CHAIRMAN THOMAS: Okay. We're back on the record now. Ms. Student. MS. STUDENT: The general language is where there is a conflict, the restrictive applies and I don't know how that would play out between some of these other ordinances and the streetscape master plan, if it would be, indeed, that type of conflict. That's the general language, that more restrictive applies. So if there was something less restrictive, just byway of example in the streetscape master plan, as opposed to if it's the right-of-way ordinance, then the right-of-way ordinance would control and vice-versa. But Mr. Weigel, you know, he's on his way down. CHAIRMAN THOMAS: He's here. "' RS. STUDENT: There he is, okay. He put this language in here because, as I understand, you know, this is a guideline right now and the inconsistencies need to be taken care of and until that's done, that's why this is here. CHAIRMAN THOMAS: We will call on Mr. Weigel in just a second, but what you're saying is the LDC says if it's in conflict, the more restrictive shall apply. MS. STUDENT: This is our typical language. I was looking in the adopting ordinance for the LDC and there's severability language in there, but there is not conflict language in the base document. I don't know how that came about. I did not draft that ordinance. So there appears to be no conflict language in the base ordinance that adopted for LDC. CHAIRMAN THOMAS: For the LDC, okay. MS. STUDENT: But generally, the conflict language says the more restrictive shall apply. MR. BOTNER: Which is what is already in the ordinance under section four. You already have that language. Maybe one means of solution to this dilemma is to delete section two completely, because we have already said it. I would certainly like to hear from County Attorney Weigel about this and just to again restate it, since he wasn't in the room when we Page 33 April 17, 1997 started this. CHAIRMAN THOMAS: Okay, okay. Mr. Weigel, there's a question. Why don't you yield the microphone, please. There's a question in section two of the ordinance, where it says any inconsistencies between streetscape master plan and the LDC or county ordinance shall be construed to resolve in favor of the LDC or pertinent county ordinances. Mr. BOther has some concern about it and one of our co~=nissioners, at least, has some concern about that taking the teeth out of the Naples streetscape. MR. BOTNER: Basically, we just want it to work both ways, not just totally in favor of existing ordinances. That's the concern. MR. WEIGEL: David Weigel, County Attorney. This language -- I assisted in the drafting of this language to go into this ordinance before you and ultimately to be before the Board of County Commissioners, and -- and the reason it's there is because I felt it was appropriate to provide a rule of thumb for the incorporation and the treatment of streetscape master plan with currently enacted laws. If there is -- which the LDC and county ordinances are the laws of Collier County, and when you have conflict of law, it's best to try to provide the rules for resolution ahead of time. Now -- the -- the -- my understanding of the streetscape master plan is that it is a -- is going to be a malleable document, that it may, in fact, have some changes over time. There was a desire and perhaps a rush to get the document through and into this particular cycle. I felt that this was the appropriate protection at this point in time so that the -- the road right-of-way permit ordinance would not b~ fn~erpreted or run into operational conflict with the streetscape master plan or any other ordinance at this point in time. You, as a review board and advisory board to Board of County Commissioners, may desire to reverse the order and put pre -- preeminence or control on the streetscape master plan, but my advice to th~ Board of County Commissioners would be the same as I advised you, that based upon the plan, as it has come forward, and the review compared to ordinances which have been implemented and have a track record, my feeling is that the better -- the better move is to provide for the resolution of conflict, if there is conflict, in the favor of the ordinances that are already there. And another thing is -- well, I guess the word conflict works in most cases, where you have one ordinance and another -- and another document that may come -- may come into an interpretational problem of the two. But another rule of construction is you're supposed to review things, review the laws in pari materia, that is, if they can work together, they will. You're supposed to interpret them that way and construe them and use them operationally. In pari materia, make them work together, if they can. BuT where there is apparent conflict, my view was, at this point in time, with the adoption of this streetscape master plan here, that the better rule to have in place is if there is conflict, if you cannot Page 34 16G 2 April 17, 1997 constructively apply the streetscape master plan with the ordinances and the LDC in pari materia, that you need to give dominance to the LDC and the ordinances that are already in existence. COMMISSIONER OATES: Mr. Chairman, may I ask My suggestion was that something in legalese Mr' Weigel, please? be added to this paragraph, this section, stating that it's the intention of this ordinance to clean up these conflicts if there are any in the foreseeable future. Does that mess it up? MR. WEIGEL: I think it -- I think it's less -- it's more problem than help to put that into the law. This is becoming a law. This is an ordlnance, and I don't think that that's really germane or the best thing to put into the law itself. That may be a recommendation that this -- that this board may want to make to the Board of County Commissioners, and I think the Board of County Commissioners has already, to some extent, indicated that they want the streetscape master plan to be the best working document it can for what it's, you know, attempting to do, but I don't think that's the best suggestion for this -- for this ordinance, the law. COMMISSIONER OATES: Okay. CHAIR/~AN THOMAS: Okay. Mr. Nelson. COMMISSIONER NELSON: I would like to ask Mr. Weigel if, in fact, section two, Mr. Botner recommended that since section four actually presents what will be done in case there's a conflict, don't we actually have an internal conflict in the resolution between sections two and four? Section two, indicating that we will use the LDC, even if it's less restrictive; section four indicates we're going to use the more restrictive of applicable law or this streetscape plan. MR. WEIGEL: Okay. If you're looking at section four, the first senTeNce, I believe, where it says the more restrictive shall apply. COMMISSIONER NELSON: Uh-huh. In other words, Mr. Botner's comment was to get rid of section two and that does now seem to be a good -- it would seem -- if we get rid of section two, it would seem to satisfy your earlier statement as well. MR. WEIGEL: Well, if I were to get rid of one, I would get rid of the first sentence in section four. COMMISSIONER OATES: Mr. Weigel, are you saying the first sentence in section four? MR. WEIGEL: Yes. CHAIRMAN THOMAS: That's the one that says the more restrictive shall apply. Mr. Weigel, let me ask you a question this way. We have included or we are in the process of including the streetscape into the LDC which should be approved in June, okay? MR. WEIGEL: Yes. CHAIRMAN THOMAS: That being done, then this document becomes automatically consistent with the LDC. Then we only have to worry about other ordinances that will then either be in conflict with the LDC. MR. WEIGEL: I am note sure I understand your statement. Just because it's adoptpd doesn't mean it's consistent with the LDC. This Page 35 166 2 April 17, 1997 is an attempt to make it -- CHAIRMAN THOMAS. You're busines . · missin w , · s we have included th{s ...~-~-g~ hat I m saying. U tracking as part of the LDC am ~ that's - -,~u~e aocument in the LDC,n separate amendment hi - -~ ..... endment, so in June when the LDC Board of t. ~,~= =lnal nearing and gets approval, because I know the County Con~nissioners is supportive of it and this planning commission has been in support of it in the first straw votes, that that document will become a Part of the LDC. MR. WEIGEL: Well, that's being incorporated by reference, and section one indicates that it's to be a guideline. CHAIR24AN THOMAS: So now, if then it's in conflict with some other ordinance, it Would make it in conflict with the LDC, correct? MR. WEIGEL: Yes, potentially so. CHAIRMAN THOMAS: And what prevails in that situation? MR. WEIGEL: Okay. The attempt here has been, with section two, to indicate that other ordinance or LDC would prevail. But if you're trying to say that this is the LDC and, therefore, how can the LDC conflict with the LDC, I think there,s a distinction. This incorporated by reference. The ordinance before you today is the ordinance, but it's merely describing a document which is to be incorporated by reference, b of law of the LDC I~ : ut. it, in and of ~elf, i~ not the rule by reference. · u as a guideline that's melng pulled into the LDC CHAIRMAN THOMAS: Hr. York. COMMISSIONER YORK: It would appear to me that we might be smart in tabling this until our next meeting ._ continuing it until our next meeting until they get this language worked out to the satisfaction of both parties. -COMMISSIONER OATES: We can't do that, he says. MR. MULHERE: Well, if you table it to the next meeting, unless we heard it -- unless we -- I need to have -- I just have to get it to the board prior to the LDC hearing so I have an ordinance number so it can be incorporated by reference it. · So I think you need to try to resolve COMMISSIONER OATES: Can we continue it to the 30th? MR. MULHERE: I have to refer to -- · CHAIRMAN THOMAS: Hold i ' this cannot be as ....... t, before we do .......... · . ~ump~lcated a ~ =~n~lnuln b is the intent of ~ ~-~ _ s we seem to b ._.~__ ~ g_ ecause reason we ~ ...... F~ ~yu~es that we have e ~;~ =o make t~ ~ ~--~ "~= only re=erence~ ~ ~. _ streetscape and i~ ~ part of the LDC, ok~v~,~eze~ence in the LDCf~ t __ ~=val~. - ~"=~ ~nrust that this But now that means, then, that somebody has to go to think that probably the Prude~unw recommendation to the approve ~t as it i ~-=- nt ~ay to deal wi ' _ work, and I s ~nu now an~ make a s~---~h it is to go and Board of County Commissioners to give instruc ' up all the rest of the ordinance, ,~ .... tlons to staff to c months or something like that, - ~=u are in conflict within si~ean and that might be the way to get the problem resolved. MR. BOTNER: From Naplescape,s point of view, that is exactly Page 36 April 17, 1997 what we had always intended from the start. We knew that there were going to be some inherent residual conflicts, and The last thing we want is laws that, you know, compete with other laws in this community. But what we objected to strenuously was the language in the ordinance right now that suggests that all those old ordinances prevail, because we're going to have conflicts. We know we have to go back and fix those older ordinances. CHAIRMAN THOMAS: So the question is how quick can we fix them, I think, becomes the pertinent question. Because if we can fix them by the first of June then you wouldn,t be sitting up here talking to me. MR. BOTNER: Absolutely would not come back before you. CHAIRMAN THOMAS: If we could fix it in six months, I don't think you would be giving me a whole lot of problem. MR. BOTNER: Nope. CHAIRMAN THOMAS: Okay. So if we pass a separate resolution recommending to the Board of County Commissioners to take that other step and give staff six months to do it, then we might be in a better position to make sure we stand on firm legal ground. MR. BOTNER: And. we understand Mr. Weigel's concern, absolutely. If you enact this as law, we have got conflict with the older laws, and we know that we have got to also support the notion that we need to go back and fix those old laws. CHAIRMAN THOMAS: Ma'am? MS. SIEMION: Yes. CHAIRMAN THOMAS: Did you want to add something? MS. SIEMION: I'm just going to copy down your motion. CHAIRMAN THOMAS: Okay. _ ._ .Any more discussion? Anybody else want to speak on this issue? Okay. I'm going to close the public hearing. What is your pleasure, gentlemen? COMMISSIONER OATES: Mr. Chairman, move we submit the Collier County streetscape master plan ordinance to the Board of County Commissioners with a recommendation of approval with the stipulation that they understand that we understand that staff will resolve the conflicts in the existing ordinances with this proposed master plan within six months. COMMISSIONER BUDD: Second. CHAIRMAN THOMAS: Okay. Second. Is made by Oates and seconded by Budd that we approve this ordinance -- recommend this ordinance for approval subject to a stipulation that staff be instructed to clean up any conflicts between it and other old ordinances within the next six months. Any further discussion? All in favor signify by saying aye. Any opposed? (No response.) CHAIRMAN THOMAS: Passed unanimously. MS. SIEMION: Thank you. CHAIRMAN THOMAS: We already did the feedback. Petition PUD-97-11, I understand, has been readvertised? Page 37 16G 2 April 17, 1997 MR. MULHERE: Actually, i= never was advertised. That s incorrect. CHAIRMAN THOMAS: Okay. Any other old business? Any new business? COMMISSIONER YORK: Move to adjourn. CHAIRMAN THOMAS: Meeting is adjourned. There being no further business for the good of the County, the meeting was adjourned by order of =he Chair a= 10=32 a.m. COLLIER COUNTY PLANNING COMMISSION FRED N. THOMAS, ACTING CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, BY: Debra Peterson Page 38 16G 2 April 30, 1997 TR~NSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COM~{IS$ION Naples, Florida, April 30, 1997 LET IT BE REMEMB~D, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 5:05 p.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ' ALSO PRESENT: CHAIRMAN: Michael A. Davis Russell A. Budd Michael j. Bruet Fred Thomas Donald j. York Edward j. Oates, Jr. Michael Pedone ABSENT: Richard Nelson Gary Wrage Marjorie M. Student, Assistant County Attorney Robert J. Mulhere, Current Planning Manager Page I 16G 2 April 30, 1997 CHAIRMAN DAVIS: I call this meeting of the Planning Commission to order and begin by calling the roll. Mr. Nelson is absent and excused Mr. Budd. · COMMISSIONER BUDD: Here. CHAIRMAN DAVIS: Mr. Bruet. COMMISSIONER BRUET: Present. CHAIRMAN DAVIS: Mr. Thomas. COMMISSIONER THOMAS: Here. CHAIRMAN DAVIS: Mr. Davis. Here. Mr. York informed us bY phone he's caught in traffic. Mr. Oates. COMMISSIONER OATES: Here. CHAIRMAN DAVIS: Mr. Pedone. COMMISSIONER PEDONE: Here. CHAIRMAN DAVIS: And Mr. Wrage called in. He's also excused. COMMISSIONER THOMAS: Yes. He has an emergency. His mother passed. CHAIRMAN DAVIS: Oh, sorry to hear that. The addenda to the agenda, Mr. Mulhere brought to my attention that on the 19th of June, this room is unavailable to us and I would -- I would make a suggestion that we cancel our meeting on June 19th with the thought in mind that the Board of County Commissioners won't have one in -- the 1st of July so the timing would work out pretty good. And I think there's a couple that can't be here that date anyway. COMMISSIONER PEDONE: I can't be. CHAIRMAN DAVIS: Okay. Would -- I see a lot of nods. Would anybody make a motion to that? COMMISSIONER THOMAS: I thought I had. COMMISSION-ER BUDD: He's dying to. CHAIRMAN DAVIS: Oh, I'm sorry, Fred. COMMISSIONER THOMAS: I make a motion that we cancel our second meeting in June and take our recess before the commissioners take theirs in July. COMMISSIONER BUDD: Second. CHAIRMAN DAVIS: Motion by Mr. Thomas, seconded by Mr. Budd. Discussion on the motion? All those in favor, signify by saying aye. Opposed? That carries unanimously. COMMISSIONER THOMAS: And for the record, I will be out the first meeting in June. CHAIRMAN DAVIS: All righty. Well, we have no minutes. Absences we could really deal with tomorrow at our regular meeting. BCC report. Anything on the Growth Management Plan, EAR process, of significance? MR. MLrLHERE: It probably would be best if I maybe ask Barbara to stop by your meeting tomorrow to give you an update because the board actually did hear that and did make some -- some recommendations. I think she can probably do a -- a more comprehensive overview for you Page 2 April 30, 1997 of what -- what's being transmitted. CHAIRMAN DAVIS: That -- that would be I think that would be good feedback for us. -- MR. MULHERE: Yeah. CHAIRMAN DAVIS: And I've got nothing to report which -- Mr. Bruet? COMMISSIONER BRUET: Mr. 15th of May. Chairman, I need to excuse myself on the CHAIRMAN DAVIS: Okay. All right. And let the record show that Mr. York has arrived. COMMISSIONq~R YORK: Did you get my message? COMMISSIONER OATES: Yeah. CHAIRMAN DAVIS: Yes, we did. All right. I talked with Mr. MUlhere about how we would handle the -- the second hearing on that Land Development Code this evening, and what we talked about doing was finishing up with the issues we did not hear the first time, and then once we do that, go back through and pretty rapidly, I think, the first go round and we certainly need to provide the opportunity from anyone in the public that's here tonight to simply come up to the microphone when we get to the point of something that you'd like to talk to us about. So, with that, I'll -- I'll turn it over to you, Mr. Mulhere. MR. MULHERE: Thank you. With respect to one of the items that you did hear at -- at your first hearing or several of the items that -- that Stan Chrzanowski presented to you. You -- you did hear them and did recommend approval for all three of those; however, Stan is here just in case there would be any questions or any questions from the public. '-Those amendments are the -- the last three that are found in your packet on Pages 121, 122 and 123 And the o excavation permit exemmtio, ~-- ~ - . ne is a -- a r v{,~ may recall And the second one is providing specific slope · e~=~u~ I1ve acres as you requirements allowing for guidelines for bulkheads in lieu of slope requirements. CHAIRMAN DAVIS: Right. MR. MULHERE: And then the third was minimum elevation for domestic potable irrigation wells. And, as I said, the -- the recommendation was for approval but rather than keep Stan Chrzanowski __ CHAIRMAN DAVIS: Right. MR. MULHERE: -- here, I just thought I'd if there wasn't any questions, we can move on. '- CHAIRMAN DAVIS: Anyone have any questions on -- on those? Was there anyone in the public here tonight? COMMISSIONER THOMAS: package. This is 121, 122 and 123 of the new CHAIRMAN DAVIS: Pages. COMMISSIONER THOMAS: Okay. I can throw this old package away. MR. MULHERE: Yes. Also, let me apologize. Let me apologize. The -- the Page 3 April 30, 1997 handwritten numbers on the right-hand side of your page, I notice in some of your -- of the copying that we di visible but I'll try to wo-u .... d, they may not be entirely ~ unrougn that for you. CHAIRMAN DAVIS: Okay. MR. MULHERE: So, we'll now proceed with those amendments that you didn't hear at your first hearing. CHAIRMAN DAVIS: I Just want to make sure if there was anyone here from the public that wanted to address those issues, I'd I'd ask you to please come forward. -- Seeing none, please continue. MR. MULHERE: The very first one is amendments to various sections of the Land Development Code to revise the reference to ACLF, Which is an Adult Congregate Living Facility to reflect the current nomenclature for that type of facility, which is an ALF, Adult Living Facility. CHAIRMAn; DAVIS: What nLtmber? MR. MUL~: It's on Page 3. CHAIRMAN DAVIS: Page 3. MR. MULHERE: Mr. Nino prepared this amendment and I'm going to ask him to come up and give you an overview. There are some substan -- substantive changes in terms of how we would review and permit these, so I'm going to ask Ron to give you an overview on that CHAIRMAN DAVIS: Thank you. - Mr. Nino? MR. NINO: Good afternoon. Ron Nino for the record. The -- the issues that draw -- that drive the proposed amendments are probably twofold: One,. as the -- the reason in the staff report attempts to identify, it -- it -- it -- it's -- it doesn't make any sens~ to talk in terms of dwelling units when you're discussing the care environment because in some cases we're talking about a nursing care facility which may have two or three or even four beds in the room. You don't have the connotation of dwelling unit in connection with that. And at the other end, we go all the way up to an independent living facility which may very well be much like a conventional dwelling unit. Well, with that -- with that range, it strikes staff that it's -- it just doesn't make any sense to talk about 12 dwelling units per acre in terms of regulating the intensity of use of these types of developments. For a long time, zoning regulations in terms of regulating intensity of land use has used what's called the floor area ratio. And, indeed, the Land Development Code in its original conception provided a reserve clause for floor area ratios anticipating that sooner or later that may be a technique that's used to regulate the intensity of development. To -- the -- the trick in dealing with floor area ratios, of course, is to establish a ratio that is somewhat feasible, somewhat consistent with the marketplace. And to do that in order to arrive at that floor area ratio, which we felt was reasonable, but not overly -- Page 4 16G 2 April 30, 1997 overly beneficial in terms of the amount of intensity, it would allow we -- we analyze the floor area ratios of six projects that are either developed or underway and in one case it's still on the sketch still on the drawing board. -_ And we found that only one project very slightly exceeded the floor area ratio of point -- point four five, which is the recommendation in this report to regulate the intensity of land use, and that was The Carlisle project that is underway on the former Smallwood Nursery property. That building will actually ._ when completed, will have a floor area ratio of four point four five six seven. __ Ail of the other projects, the -- are -- are below -- are actually below point four. And when we talk about floor area ratio of point four five, we're basically saying that the area of the lot times point four five or 45 -- yeah, times four -- point four five is the total floor area that one may build whether it's in a one-story configuration or a story configuration that is authorized by the underlying zoning district. In other words, if we're in an RM six -- RM F-16 zoning district where the height is 75 feet, then that total floor area could be in seven stories or it could be in one story. And, obviously, the higher the building, the less ground coverage you're going to occupy. So we -- we -- we -- we felt that that was a far more realistic way of dealing with -- with the intensity of land use as opposed to this number, 26 units per acre, which didn't seem to make any sense. Well, that's -- that's a major departure. The other thing we attempted to do was to define the -- the -- the types of care housing that were out there and make them consistent with-state statute. The current regulations don't really talk about an assisted living unit, which is now the -- the -- the principal environment in which care housing environments are are -- are -- are developed. __ And the state also has what's called a Continuing Care Retirement Community. That is a licensed type of development that -- that is part of what the industry calls an aging in place where you can move into a reasonably independent type of housing unit, much like a conventional housing unit, and as you age or as you develop infirmities, you graduate into some other level of care. COMMISSIONER OATES: The next thing they do is carry you out on your back. MR. NINO: Until they carry you out on your back. And we attempted to exhaust that whole environment of care by definition and by keying them to the -- their their respective state statutes. -- While I suggest that we're -- we're never going to look at numbers of units, that's not entirely true because most care applications are -- are going to be conditional uses. And under the conditional use process, I think it's inevitable that you and the board are going to ask, well, how many dwelling units are here. I mean it's not going to go away, so therefore for those who are Page 5 16G 2 April 30, 1997 concerned that point four -- a floor area ratio of point four five might in fact produce 30 or 40 dwelling units per acre, that opportunity -- the opportunity to ask that question and to make that determination will still be there although we're suggesting by this amendment that it's unwise to talk about units per acre when we're dealing with this industry. And that basically is what this amendment attempts to do. CHAIRMAN DAVIS: Mr. Nino, I think that there may be a little confusion on our part. Maybe you can held us here. If you could take a -- do a quick scenario for us. Let's say The Carlisle, do you remember the acreage offhand? COMMISSIONER 0ATES: It's in there. MR. MULHERE: Yes. It's in your packet. COMMISSIONER BUDD: Yeah. COMMISSIONER BRUET: How -- how it would apply to a site specific .... a CHAIRMAN DAVIS: Yeah. COMMISSIONER BRUET: -- that's under -- that's been built today? CHAIRMAN DAVIS: Maybe you could just run through it both ways. MR. NINO: I'll just run through the -- the examples that we -- CHAIRMAN DAVIS: Okay. COMMISSIONER OATES: It's still well under 26 units per acre. COM~ISSIONER YORK: Well, he's got it. He's got it. MR. NINO: They're all -- they're all -- COMMISSIONER YORK: Page 10. COMMISSIONER OATES: COMMISSIONER YORK: COMMISSIONER OATES: '-COMMISSIONER YORK: correct? MR. NINO: Yes. He's got different ones. Page 10. You take the total -- 10A. -- square footage of the acreage; is that COMMISSIONER YORK: You divide that by the total square footage of the planned building and the magic number is point four five eight seven. Is that -- MR. NINO: That's right. COMMISSIONER YORK: Or point four five six seven? MR. NINO: In terms of The Carlisle, yes. It's 17 8 acres times -- . COMMISSIONER YORK: Divided by. You took -- you convert that to square footage. CHAIRMAN DAVIS: Right. MR. NINO: You convert that to square footage and you multiply by point four five and that's the maximum floor area -- CO~{MISSIONER YORK: That you can build. MR. NINO: -- that is allowed on that property irrespective of the number of stories in which it's located. COMMISSIONER THOMAS: Okay. A question on that MR. NINO: In case -- ' to __COMMISSIONER YORK: And that's the Bell Weather that we're trying Page 6 16G 2 April 30, 1997 MR. NINO: Exactly. Exactly. COMMISSIONER THOMAS: The question I have is the magic point four five six as opposed to point three four on some of these other properties, where did that nuraber come from? MR. NINO: No. Those -- that is the -- in terms of the Brighton Gardens now under construction, they are building a building of 76 000 square feet -- , COMMISSIONER THOMAS: Okay. MR. NINO: -- on that property. Basically a two-story building and a one-story building. Given their acreage of five point five -- 5.15, they will actually achieve a floor area ratio of 0.34, substantially below the point four five that we're recommending be made the factor to regulate intensity of use. And in the case of Brighton Gardens, they actually have, for whatever it means, 22.7 units per acre -- COMMISSIONER OATES: Which is less than The Carlisle? MR. NINO: -- which is less than The Carlisle. COMMISSIONER YORK: Mr. Nino -- MR. NINO: Was slightly more than The Carlisle. COMMISSIONER OATES: One more. MR. NINO: I mean more. Slightly more. COMMISSIONER THOMAS: Less floor area than the -- MR. NINO: More than The Carlisle even though their floor area ratio is less. COMMISSIONER YORK: So, the -- what -- what you're suggesting hera, what staff is suggesting, that the -- that the maximum ratio be the four -- the four five six seven. ' '-~. NINO: Correct. And what we're saying -- what we're saying is that The Carlisle probably represents what most people in this industry want to do. They have a mix of independent housing units somewhere as high as 750 square feet down to a nursing care wing which -- which may -- which has a number of beds within it. And -- and, you know, the -- the point four five we suggest -- also includes the recreational facilities, gymnasiums. It includes the dining rooms. It includes the therapeutic rooms. It includes administrative space. COMMISSIONER YORK: Any and all buildings thereof. MR. NINO: It includes any and all buildings. CHAIRMAN DAVIS: Mr. Nino, we've had discussions before here. I -- I rp~ember the first time with -- I think it was an ALF or something on Marco Island where there was a concern that, you know, maybe what was trying to be permitted were simply apartments or condominiLuns as opposed to a -- a -- an Assisted Living Facility. Does -- do any of these changes in any way address those concerns? MR. MULHERE: Yes. MR. NINO: Yes, they do. As a matter of fact, the -- the amendment says that you -- before we're -- before we're going to give you a building permit, you need to show us a license. Page 7 16G 2 April 30, 1997 CHAIRMAN DAVIS: %Th-huh. Okay. MR. NINO: You need to show us if you're -- you meet one of the state licensure requirements and that you're -- and when we review site development plans, it -- it will -- it would be -- behoove us to ensure that there ~n fact -- as a matter of fact, the regulations say you need to have a representative sample of all of the mediums of care -- CHAIRMAN DAVIS: Right. MR. NINO: -- otherwise it's not a care project. It doesn't qualify. MR. MLrLHERE: I think I can -- I can tell you -- CHAIRMAN DAVIS: Yeah. MR. MULHERE: -- on the top of Page 9 additional submittal requirements for approval. In addition to the required SDP or conditional use submittal requirements of this code, developments containing independent housing units providing an assisted living and nursing care component must be graphically represented as part of the conditional use and/or site development plan. And this representation shall depict all common areas as well as typical in4ependent housing unit and shall include dimensions and square footage of each component. A ratio of independent to assisted, and a statement of available assistance with activities of daily living, including but not limited to ambulation, grooming, feeding, financial management, et cetera. We -- we want an overall picture of what it is they're proposing to do to make sure that it is in fact a -- COMMISSIONER YORK: Walks like a duck -- MR. MULHERE: Right. ' 'COMMISSIONER YORK: -- quacks like a duck. MR. OATES: Did -- didn't we in a couple of conditional uses or whatever we did with them, didn't we say that they -- before they could get their building permit, they had to come back with a thing from the state? A couple of those, I thought we did. MR. MULHERE: That is a requirement. That is a requirement, yes. COMMISSIONER THOMAS: Okay. A question I have. You came up with this number of point four five six. When you look at the -- MR. NINO: No. Point four five. COMMISSIONER THOMAS: Point four five. MR. NINO: Point four five. COMMISSIONER THOMAS: Looking at the physical layout of The Carlisle as opposed to the Brighton Gardens, how are they different when you look at them? Does one seem to be more dense? How -- could have John -- MR. NINO: The Carlisle -- The Carlisle has more independent units in it. The Carlisle was a 390-unit project. It had 300 units that were independent care units. They were -- quite frankly, they were in some cases one and two -- one and two bedroom apartments ranging as high as 750 square feet. In the Brighton Gardens, the -- the Brighton Gardens is only 114 Page 8 16G Z . April 30, 1997 -- is 114 units and there's a -- a greater mix. There aren't as many inde -- the ratio of independent to dependent units is less in the Brighton Gardens than it is in The Carlisle. COMMISSIONER THOMAS: Okay. Now, compare Brighton Gardens with Chancellor Park. MR. MULHERE: I think they're all fairly close in terms of density; 21.9, 22.7 -- COMMISSIONER THOMAS: No, no. No. I want to know when you see the physical plan, what does it look like? MR. NINO: Chancellor Park is currently in for a site plan review, quite frankly. COMMISSIONER THOMAS: Okay. MR. NINO: And Chancellor Park is a -- is -- is -- is a project that is closer to The Carlisle than the Brighton. It's a -- it's a three-story building in part. You know, the -- the -- The Carlisle is up there because it's a -- it's a three-story building; whereas, the Brighton Gardens decided to go a lower story building. COMMISSIONER THOMAS: No, no. The reason why I'm asking the question, I'm looking at a -- a significant difference between -- on floor area ratio between Brighton and The Carlisle. I'm looking at a similar relationship between Brighton and the Chancellor. And you're telling me that Chancellor is more like The Carlisle. I'm trying to see how much wiggle room do we provide by using that point four five. MR. MULKERE: I think, you know, part of it is tied into the -- you know, the whole marketing and -- and -- and design of the property because I -- I guess, for example, if -- if you purchase a piece of property that maybe allows for a five or six-story building, it's goin~ 'to be developed much differently than a piece of property that only allows a 35-foot height but is maybe twice as large, and you spread out those units so that the appearance is certainly going to be different. And also, some people may feel that there's a market for a -- a -- a separated independent units that really function more as an apartment; whereas, other people want -- you know, or a condominium, if you will, you know, whereas other people would prefer something that's more located in a central unit and closer to all the facilities. Bentley Village has all of those types of -- of mixes on one single location. So, I mean it's hard to say -- it's hard to say what the appearance is going to be as a result of the floor area ratio. COMMISSIONER THOMAS: Okay. COMMISSIONER OATES: So does Lely Palms, doesn't it? I mean Lely Palms even has villas. MR. MULHERE: But -- that's true. They do. And the thing is we will know though however what it looks like as a result of those additional SDP submittal requirements. COMMISSIONER PEDONE: How about something like the Forum, the Glenview, where you have a -- MR. NINO: Well, let me -- let me -- I'm glad -- perhaps we Page 9 16G 2'. April 30, 1997 should have talked about that. We did do a floor area ratio for the Forum. You know, we know about the Forum and we -- we purposely omitted it. The Forum -- the Forum is a -- 1.17. The Forum is a -- a multistory building. COMMISSIONER PEDONE: 12 stories. M~. NINO: It has units -- it's 12, yeah. It has units of -- I've got -- I've got that work in here. It has units -- the point is we did -- we -- we're of the opinion that the Forum could not be -- would not be acceptable outside of Pelican Bay. COMMISSIONER PEDONE: Yeah, but -- MR. NINO: The Forum -- COMMISSIONER PEDONE: -- 4,000 square foot units. MR. NINO: The Forum -- the Forum is 152 units. It has -- it has floor areas that range from 800 to 1600 square feet. They have three bedroom, three-bath units. It' s -- COMMISSIONER PEDONE: There's some people that -- MR. NINO: You know, it's -- COMMISSIONER PEDONE: -- bought two units and put them together, Ron. MR. NINO: And it has a 1.17 ratio. MR. MULHERE: I -- I would say -- MR. NINO: I mean there's the other end of it, you know. MR. MULHERE: I would say that that -- that's a bit of an anomaly and not the typical usual case and under today's standards and part of the reason that we went through this whole process to look at this is that m~ybe that's not something that's appropriate, not to say that it couldn't be an individual case-by-case basis, but that argument would have-to be made during the zoning process. COMMISSIONER YORK: But the site itself is really going to dictate what kind of building. MR. MUI2{ERE: That's right. COMMISSIONER YORK: I mean build -- buildable area is going to tell you whether they can have a large footprint or they got to go up. CHAIRMAN DAVIS: Well, the other thing, too, is -- is -- I{R. ~: And what market? CHAIRMAN DAVIS: -- the mix. MR. MULHERE: I'm sorry. CHAIRMAN DAVIS: The -- the mix. What it looks like is the mix of -- or the ratio, rather, of dependent and independent living facilities because the higher the dependent living facilities, probably the less amenities. MR. NINO: Yeah. We -- CHAIRMAN DAVIS: So, you know, that will -- that will drive it to some degree. MR. MULHERE: As well as the market because if -- if -- if you're looking to appeal to a market that's maybe looking for a 1200 square foot unit or 1400 square foot unit, you obviously can get a higher number of units in there on the same floor area ratio; whereas, if you're marketing to a more upscale, maybe a 2,000-2500 square foot Page 10 168 2 independent unit, you're going to get less units. April 30, 1997 COMMISSIONER YORK: But it's certainly going -- going to be a higher value because of the control. MR. MULHERE: That's right. MR. NINO: You know, a good example, Bentley Village is -- is probably the -- as a matter of fact, it's advertised as being the queen of them all. There was an article in the paper the other day that -- where they won some kind of award. It said it's probably one of the finest retirement communities in the country. But it only has a point two four floo~ ~rea r~tio. Remember, it has a golf course, it has a number of amenltles an~ surprisingly it has housing, which from all practical purposes, is independent housing. Some of those units, I -- I visited one not invoiced up there for sure when I was doing this long ago. They were know, they had units that were 2,000 square feet.w°rk and then -- you So, the point four five -- the -- the point we're trying to make is the point four five is relatively generous. CHAIRMAN DAVIS: And certainly in the future if we discover there's problems with it, it's something that we have a process to amend every -- twice a year. Did you have any other points to make on -- MR. NINO: No, I didn't. CHAIRMAN DAVIS: Okay. Any questions of Mr. Nino? Anyone from the public that wanted to speak on this particular topic? Do we have a consensus of agreement up here on this particular issue? COMMISSIONER PEDONE: Yes. -COMMISSIONER BUDD: I agree. COMMISSIONER YORK: Good job. CHAIRMAN DAVIS: Okay. We all nodded our heads yes on that one, Mr. Mulhere. MR. MULHERE: Okay. The next amendment is actually found on on Page 11, the hand printed Page 11. -- I think I can handle this one. This little -- currently in the C-1 district, medical offices are -- are a conditional use, yet the C-1 district functions are catered specifically to offices. It is our -- it's our experience and our opinion, professional opinion, that the medical offices should be a permitted use in the C-1 district, and -- and that's the gist of this proposed amendment, that it be taken out -- COMMISSIONER BRUET: That makes a lot of sense. MR. MULHERE: -- of the conditional use and placed into the Permitted use. CHAIRMAN DAVIS: It certainly does. COMMISSIONER THOMAS: It makes a lot of sense to me, Mr. Chairman. COMMISSIONER OATES: Me, too. COMMISSIONER YORK: Me, too. COMMISSIONER PEDONE: Me three. Page 11 16G 2 - April 30, 1997 CHAIRMAN DAVIS: We like that one, too, a lot. M~. MULHERE: Okay. The next amendment is on Page 13, and during the last amendment cycle, by direction of the board, we came in and added some -- some neighborhood retail uses to the C-2 district and the C-2 district is a little bit of a -- well, it's -- it's a fairly small district in terms of area. I believe there's slightly more than 60 acres of C-2 district in the entire county. And we heard from a lot of people that there was difficulty in placing uses into those C-2 zoning districts because they -- they were generally located in an area that called for neighborhood com~ercial type uses but those C-3 uses weren't permitted in C-2. So, we made an amendment to the code to incorporate several retail type uses; however, in doing so, we included some uses that we did not think were appropriate. We went back and looked at the SIC code and the numbers. And, unfortunately, in using that SIC code, while it's very good because it's very specific, on occasion -- I'm going to slow down a little bit -- on occasion, there is an inclusive number that maybe will include some uses that really shouldn't be and should be excluded. And, so this -- we went back in and excluded certain uses from that retail C-2 that we didn't think were appropriate. CHAIRMAN DAVIS: Okay. COMMISSIONER THOMAS: But this is of uses that you have here is what you're going to go by. MR. MULHERE: Yes. COMMISSIONER THOMAS: Okay. What about -- what about that C-27 I see you got post offices but I don't see anything like substations or -- -MR. MULHERE: Those are -- those are the satellite offices of post offices are permitted in C-2 but the substation is only a C-4 and above, the larger postal facilities. COMMISSIONER THOMAS: I'm talking about the Sheriff's substations that we have around. MR. MULHERE: Oh, those are permitted as essential uses. COMMISSIONER THOMAS: Essential uses -- MR. MULHERE: In any district. COMMISSIONER THOMAS: -- anywhere. Okay. MR. MULHERE: Oh, let's see. The -- the next amendment on Page 16 is also a fairly minor -- Ron Nino brought to my attention that the C-4 district allows hospitals and many ancillary uses but for some reason it excluded certain health services groups. And, so, as we looked at that, it seemed appropriate that -- that nursing and personal care facilities and medical and dental facilities be permitted in that C-4 district as well in conjunction with the hospital use. And, again, it's just a function of sometimes the using the SIC code numbers, we've gotten either a little bit too specific or a little bit too restrictive and we had to go back and massage them. CHAIRMAN DAVIS: Okay. COMMISSIONER THOMAS: You got my vote on that. Page 12 16G P_,o April 30, 1997 MR. MULHERE: Okay. The next amendment is on Page 17. This was not reviewed by the CC -- by the way, if -- if I come upon an amendment that the Development Services Advisory Committee did not recommend approval of in their review, I'll let you know and this is one of them. Several years ago, there was a study of industrial land uses in Collier County and it was the opinion or the findings of that study that there was -- there was maybe sufficient industrial zone land but that it should be reserved for industrial uses and, so, when the Land Development Code was amend -- was developed in 1991, the industrial district was written to prohibit retail uses for a number of reasons, which we probably don't need to get into. I mean if they're located off the arterial roadway network, they're not necessarily good locations for retail uses, but -- so retail uses were only permitted as an accessory to some permitted manufacturing assembly or other industrial use. If you -- if you made widgets and sold those for wholesale use but you wanted to have a small percentage of your -- of your operation for local people to come in and buy some of those widgets, that's acceptable, and it's limited to 20 percent. But we struggle often with people coming in and wanting to have a retail operation in that industrial district and we tell them that they can't do it. One of those areas that we struggle with is the used car dealers. They -- they need to have a -- they want to get a license from the state. And in order to get a license from the state, they have to be retail and wholesale and they want to locate in the industrial district and have four or five spaces to run their operation, which they're required to have, and yet we don't allow the retail function in the industrial district. In -- and in explaining this to the Development Services Advisory Committee, it was their opinion that if we had a problem with this issue of retail-wholesale, that we should as staff look at the -- the larger picture and not necessarily focus on the one use being used, used cars. And, so, it was not their recommendation that we at this point bring this -- this amendment forward but that we look at that issue for future cycle in a larger perspec -- from a larger perspective. CHAIRMAN DAVIS: Speaking for myself, I tend to agree with that. I think, if you recall, when we're talking about the Growth Management Plan, we had a discussion with Ms. Cacchione about just this matter, that I think we need to take a look at what's going on in -- in our industrial districts because reality is it's being used otherwise. The demand is otherwise than what we might want it to be from our code, so a good time to give it a good look see and -- and maybe -- COMMISSIONER BRUET: Hasn't this been going on though in the past? Hasn't there been car lots in the industrial zone? MI~. MULHERE: No. COM~dISSIONER BRUET: Just commercial zones, huh? MR. MULHERE: Yeah. Well, there are some over there but they are Page 13 16G April 30, 1997 grandfathered in. COMMISSIONER BRUET: HR. MULHERE: Yes. predating 1991. COMMISSIONER BRUET: COMMISSIONER OATES: COMMISSIONER YORK: COMMISSIONER 0ATES: COMMISSIONER YORK: J&C Boulevard is -- Those lots, I hope, have all existed Yeah, I believe so. Yeah -- What's been the problem -- -- they -- they are. -- excuse me. What's been the problem -- would you repeat again the problem that they have had with this -- with their licensing or -- HR. MULHERE: As I understand it, they're required to get a license from the state that -- that allows for -- the license is a retail-wholesale license and that's regulated by the state. Used car sales is regulated by the state, the Division of Professional Business Regulation, I -- I believe. And they -- they had a desire -- the wholesale -- there's a bit of a problem in a sense because the wholesale uses is really something that functions only in the industrial district; however, most of these people that are coming in requesting this license, and even if they request it for a wholesale, you're still really not functioning in a wholesale capacity. They're really functioning in a retail capacity which really isn't allowed. We would not have a problem with someone who truly was functioning in a wholesale capacity in the industrial district but the code doesn't allow us to issue a retail license. So, that's -- that's been a little bit problematic. And it does -- it does, I think, extend to other types of uses that-are primarily retail in nature. And, of course, you know, we need to look at the issue because you have -- you have some grandfathered uses that are in there that give the appearance that -- you know, that maybe some people are being permitted to do this when it's not permitted by the code. COMMISSIONER YORK: The reason that we don't permit it is because it creates more traffic in a -- in an industrial area where we want to decrease traffic. HR. MULHERE: I think that's part of the reason. And the second reason is that when the -- when the comprehensive plan and the land development -- subsequent Land Development Code were -- were created, they -- there was a conscious intent to -- to reserve industrial zone land for true industrial types of uses. CHAIRMAN DAVIS: Yeah. And, you know, the argument can be made that we have ample industrial land but it's been -- it's being used inappropriately. HR. MULHERE: That's -- that was the -- C~IRMAN DAVIS: On the other hand, you could argue that now it's probably being used appropriately and we should look -- we should be more in tune with our code as to what demand is. MR. MULHERE: I -- I think you're absolutely right. There's a part -- there's certainly a question of what the market is calling Page 14 16G 2 - April 30, 1997 for, obviously, if there's a demand. So, we -- we need to look at that. And I think that we will be looking at it in the future as we look at all of our districts. You know, for example, in the past we had a light industrial and regular industrial district. And there might be some room to create, you know, as we look at the business park district which will allow for some more retail type uses than -- than the industrial district does. So, I think we have some opportunity to look at that issue in the future and -- and bring it back. CHAIRMAN DAVIS: Was -- everybody up here pretty much in agreement that this is something that we agree with Development Services Advisory Committee that maybe we need to take a little broader look at it and bring it back at a future time? Agreement once again, Mr. Mulhere. MR. MULHERE: Okay. The next amendment that you did not review at your initial hearing is found on -- on Page 113. We'll come back to the Marco -- as I understand, we'll come back to the Marco Island overlay and -- and deal with that. CHAIRMAN DAVIS: Once we get through all the new stuff, right? MR. MULHERE: So, Page 113, which does come after Page 112 but you may not be able to read it because it looks like the copying has cut off the number. This is limitations on the rezoning of property. The -- the code currently would not allow an individual to with -- with -- who has a piece of property, let's say, in a small piece of infill property located between, for example, two commercial properties, to -- to rezone to any other district than the district to which they are adjacent. So, if they had a C-4 zoning district, they could not rezone, as I understand it, to C-3 because the way the code was originally written with respect to this, consider that to be spot zoning. The suggestion here is to take a little bit more comprehensive viewpoint from that perspective and to say that it's not necessarily bad or spot zoning to have C-3 next to C-4. It's commercial use next to commercial use. And -- and, so, with this language, we would be able to -- to review and recommend approval or denial of a similar type district. And the best example, I think, is the commercial spectrum of districts. And it may not be appropriate to recommend approval of the C-1 next to a C-5 but we'll look at those issues. CHAIRMAN DAVIS: Okay. MR. MULHERE: The same thing with the RSF's. I mean if you had a -- you wanted to rezone to RSF, which is single family, next to RSF-3, you know, we're talking about a very insignificant difference in the -- in the zoning district. The next amendment is also -- is on Page 114; ah, yes, the variance amendment. A couple of issues here. One is that the -- the -- the code as it's written is for variances written differently than it is for all Page 15 16G 2_ April 30, 1997 other land use petitions in terms of procedural requirements. The -- I just want to make sure I have the right -- yes. The second -- the second paragraph, 2.7.5.10 on Page 115, the way the code was written for variances, we're required to advertise -- to advertise the board's hearing only after the Planning Commission had completed its hearing. That's different than the way we handle any other land use petition. We can advertise those petitions prior to the Planning Commission completing. Obviously we have to bring your findings to the board and we need to have your findings to be able to prepare, for example, the executive summary, but we can advertise. We're not -- we don't have to wait until after the Planning Commission because, practically speaking, that extends that time frame to four, sometimes six weeks, because of when the board meets. So, this amendment basically says it shall be heard by the Board of Zoning Appeals after review and recommendation by the Planning Commission. The second part of this amendment is with regard to a -- a specific variance petition that you heard and the board heard that was for a -- a very -- an older home that was built in the fifties, that they wanted to put an addition on to. And the staff's concern was that it was a conforming lot and what -- should that building be destroyed, the variance would run with the land and they would be able to build to a zero setback any time in the future under a redevelopment scenario. We wanted to tie that variance to the structure. And the attorney's office found that, you know, variances, legally, they run with the land and unless we made an amendment to the code and tied it t~ a-specific type of variance, we couldn't make that condition. And what we are proposing here is to separate out after the fact variances, which is really where this will come up. It's not going to come up before the fact because either the variance is appropriate or it isn't. After the fact is where you have the hardship of some existing situation where you may want to tie it to the structure. It's not required that -- that the board does that or that the Planning Commission recommend that, but that on a case-by-case basis if you -- if you deem it to be appropriate, you could condition that variance to a structure. That's what that other amendment is. CHAIRMAN DAVIS: That allows us now -- that would allows us now to do what we wanted to do -- MR. MULHERE: Right. CHAIRMAN DAVIS: -- before. MR. MULHERE: Page 119. Actually this -- this amendment is probably better to hold off until we review the Marco Island amendments because this is simply an amendment to the Site Development Plan to reflect some things that we're proposing in the Marco Island review. CHAIRMAN DAVIS: And we're getting -- if we don't talk too much, we're getting pretty close to that. Page 16 16G 2 April 30, 1997 MR. MULHERE: We're getting close. That -- that's it for all of those petitions that you did not hear at your first hearing, and that -- we'll go back and -- and look at some of those that you did that you recommended some changes to. And if I'm not too much out of order here, I'll be able to find the very first one. Okay. Just -- I'll just go over briefly the ones that -- that you did hear, the incorporation of the streets, get Master Plan was recommended for approval as presented by staff and that will be carrying forward. The amendment to limit the -- the accessory off -- this off-site hauling in conjunction with agriculture uses to 4,000 square foot, that was recommended to be approved as the BSAC recommended and that's how we presented it here. Let's see. Both of the Immokalee overlay districts were recommended for approval as drafted by staff. By the way, I should mention that -- that Marjorie Student has completed an initial review of these amendments, and based on that initial review has made some -- some -- some changes to the language which are reflected in here. MS. STUDENT: It's more in the nature of just clarification -- MR. M ULHERE: Right. MS. STUDENT: -- and rewording it. Some of it was really burdensome and hard to understand and had a sentence with maybe 40 or so words and it was breaking those down and trying to make it easier to understand. MR. MLrLHERE: Those were the ones Ron wrote. COMMISSIONER YORK: That's why we have attorneys. ' 'CDMMISSIONER THOMAS: What was the other overlay district on Marco? I know -- MS. STUDENT: When I was in law school I -- COMMISSIONER THOMAS: Oh -- ' MS. STUDENT: -- was taught to do it the other way. COMMISSIONER THOMAS: -- 22.27 and 22.28? MR. MULHERE: Right. COM/4ISSIONER THOMAS: Okay. MR. MULHERE: But anyway, we -- we appreciate that and that -- that relationship that continued review will go on until we go to the board as we make these changes. CHAIRMAN DAVIS: Okay. The landscape code section was recommended for approval with minor -- minor language changes. The -- the boathouse section; this is one that I'll -- I'll ask Susan and -- and/or Fred to come up and give you sort of an overview because we did make comprehensive -- the Planning Commission directed sort of comprehensive changes to this. And the -- the -- and that's found on Page 1027 COMMISSIONER BRUET: Back. MR. MULHERE: And -- and that -- the amendment that you have in youz packet reflects your direction, at least we think it does, and we'll make that presentation. Page 17 16G April 30, 1997 MR. REISCHL: Good evening. Fred Reischl, Planning Services. At the last hearing, staff had proposed that boathouses be changed from a conditional use to an accessory use with administrative approval; in other words, the consensus of the Planning Commission that that be changed to boatdock extension proceedings. And we've incorporated that in here with the same -- not the same -- most of the same stipulations for boathouse approval. We did remove the minimum water frontage requirement that was in as you had -- had asked. But aside from that, it's generally the same. If you see any other specific areas that you'd like to ask about, I'd be happy to answer your question. CHAIRMAN DAVIS: Everyone okay with that? COMMISSIONER BRUET: I remember our conversation. I guess he sets right up to it. COMMISSIONER THOMAS: Thank you very much. MR. REISCRL: Thank you. MR. MULl{ERE: Thank you, Fred. COMMISSIONER THOMAS: I just want to say for the record this is a much better process than when we did it the first time and I want to thank you fellows. MR. MULHERE: Our pleasure. COMMISSIONER OATES: And ladies. MR. MULHERE: And ladies. Okay. And the -- that pretty much wraps up those that -- that you heard that you made directed changes to in your first hearing with the exception of the Marco Island Master Plan and certainly the related amendments to it. Those are found -- the Marco Island Master Plan amendments begin o~ Page 19. And I'll give you just again a little overview of the areas that -- that were directed to be changed. Predominantly the -- the areas that were changed dealt with real estate signs. And there was a request to increase the height on temporary real estate signs, which staff did not support and the Planning Commission also did not support. We didn't change that. We did amend the location in which temporary real estate signs could be placed where they could be placed up the property line but no closer than 15 foot to the edge of the pavement. The -- there were several other minor amendments to the temporary sign section, including the allowance of a one off-site temporary sign for direction during a supervised open house, real estate type sign, minor amendments to that effect. The only really major change resultant from your direction, as I recall, was the issue of dealing with permanent on-premise signs and how long those permitted on-premise signs could remain in place. And the -- COMMISSIONER THOMAS: That are affected by this change. MR. MULHERE: Right. And the -- the recommendation of the subcommittee was one -- was one year, and the staff recommendation, which we brought to you, was three years, and the Planning Commission, after a considerable Page 18 16G 2 April 30, 1997 discussion, recommended a seven-year time frame. But to refresh your memory, the -- the current Land Development Code does not set forth a time frame within which a legally permitted sign that doesn't conform to today's sign coding, Collier County, must be removed. It takes a different approach in that it requires that when you come in for any structural improvements to a sign, you must bring it into conformance, at least to a degree with the current code, so that's a little slower process. The subcommittee did not support that long of a process. They didn't want it to take that long for signs on Marco to come into conformance with this code which -- which reduces in almost all cases, almost across the board, reduces the maximum permitted size of signs. And, so, there's a question, I think, both legal and -- and not only related to what the subcommittee wanted but also a legal question as to what's the appropriate time frame based on what a sign cost, wh~t the value of that sign is. You couldn't necessarily, I think, tell someone that they have to take down the $20,000 sign that they permitted yesterday today. But what is that appropriate time? And -- and we know that three years does meet the legal test because that was what -- was part of our code prior to our last amendment change. It was three years for on-premise signs. MS. STUDENT: And I -- I might add we research -- we did extensive research on that when we did the sign code and I got excerpts from the tax code to deal with depreciation because that was the test, that it would be the -- essentially the same time period that one would use to depreciate the sign. And the other thing I.want to add, I think we could run into problems if we have a different standard for Marco Island than we do fdr l~e rest of the county because of the requirement of equal protection of the laws, that they not be discriminatory unless you make a factual finding that there's something different about Marco Island that would justify having a different standard. MR. MULHERE: And there's -- there's probably some language in the beginning of the overlay district that provides some of that sound reasoning. MS. STUDENT: Well, I -- I would -- you know, for something like this, I think it's got to be fairly specific so that's -- MR. MULHERE: But I just wanted to give you some -- some overview so that -- to -- to bring your recollection back to the discussion on that time frame and it -~ and it ended up being that the Planning Commission recommended seven years. I know there are some people here from -- COMMISSIONER THOMAS: Didn't -- MR. MULHERE: -- Marco Island. COMMISSIONER THO~L%S: Didn't we have a phase in -- MR. MULHERE: No. COMMISSIONER THOMAS: -- definitely by seven years? MR. MULHERE: It was -- it was a maximum of seven years. It could happen before that. It -- we could use the current county code. Right. The current county code, the current procedures, which Page 19 16G 2 April 30, 1997 would require you to amend those signs if you permitted them, more structurally altered them, but in no case for more than seven years. COM/4ISSIONER THOMAS: Okay. MR. MULHERE: And -- and -- and the other recommendation of the Planning Commission was with respect to changing -- requiring the change of temporary signs such as real estate signs to conform to this code. The date that was recommended by the Planning Commission was Dec,umber 31st, 1997, which is about seven months from the date of adoption of this ordinance. MS. STUDENT: Gentlemen, there's -- there's another point I'd like to make about that. When you regulate signage, you get in the first amendment concerns and usually our -- our amend -- our regulations should be content neutral and I find that they are. However, when you're dealing with having to take down a sign, shall we say, that you had someplace and that you can't have any more, and if that's not a reasonable time period, you can run into First Amendment problems. I admit that commercial signage doesn't have the high degree. There's almost a hands off idea towards noncommercial speech that we just about can't touch it, but on commercial doesn't enjoy that same level and that's been approved by the courts. But -- and I want the public that's here to know that. We're dealing with a First Amendment issue. It's a sensitive issue and we -- because we're government and we have the -- involving Constitutional concerns, we have to be careful. MR. MULHERE: Thank you. The only other issue was the temporary signs of December 31st. just thought also for the benefit of -- of the public to mention that t~i~ fs a result of a fairly lengthy process over one year of -- of meetings by this committee in developing this Marco Island zoning overlay, this subcommittee, and -- and is directed -- this is directed by the Marco Island Master Plan that we create this overlay. And as I mentioned to you at your first meeting, it's the staff's opinion and the subcommittee's opinion that this is just the beginning of the process, that what we have here goes a long way towards establishing that overlay district but that further work needs to be done specific to each of the commercial subdistricts that we've created as part of this and I mentioned this at your first meeting which is to benefit that there are four or five commercial subdistricts and -- and part of what the Master Plan asked for us to do is go in there and create development and design standards and look at the uses within each of those subdistricts. And the staff will recommend to the board and ask for direction from the board to -- to begin to meet with those property owners and the residents of Marco Island within those subdistricts and begin a discourse that will result in a very specific amendment versus one that was written simply by the staff and then proposed. So, we -- we -- we want to make it clear that from our perspective this is just the beginning. Some things are very finished and -- and I think the sign ordinance is an example of something that Page 20 2. April 30, 1997 is more finished than not. But the -- the design and develo~maent standards in the subdistricts is something we have to take a further look at. CHAIRMAN DAVIS: And I suppose we kind of honed in on that, the signage issue, and I guess we -- b~ and large, the rest of the Marco Island Master Plan, this -- this board recommended -- concurred with staff -- MR. MULHERE: Yes. CHAIRMAN DAVIS: -- recommended approval to the BCC. And I -- I guess to remind the record that I abstained from the voting on the Marco Island Master Plan as it relates to signage and then did vote with the rest on the rest of the Master Plan. If we have any questions of staff, we probably have come to a point where we would ask the -- I think a lot of the people -- at least I recognize a few from Marco Island -- that may have a thing or two to say about the Marco Island Master Plan. Dr. Biles? DR. BILES: Yes. Fay Biles from Marco Island. I'm president of MITA, which is the Marco Island Taxpayers Association, and we're very much concerned, of course, about this overlay. Frankly, I'm confused now. Are we talking about three years or seven years? I hear that -- ~[R. MULHERE: I think I can -- DR. BILES: -- three years is for the county but -- MR. MULHERE: No. I think -- no. I think I can clarify that. No. The county is not three years. The staff recommendation as part of this overlay for Marco Island was three years. DR. BILES: Right. I -- well, I know that, yeah. ' '-MR. MULHERE: The county does not have any time frame currently for permanent on-premise signs. They do have a time frame for off-premise billboards. They do not for on-premise permitted signs. They can remain if they were legally permitted so long as they don't present a safety hazard. DR. BILES: But what happens if we say we don't want it to wait for seven years. We think that's too far out. MR. MULHERE: I -- I think that's -- DR. BILES: I think maybe one of your 30 days which was in here was a little, you know -- MR. MULHERE: Right. DR. BILES: But seven years is a heck of a long time to wait to correct signage problems. CHAIRMAN DAVIS: Ms. Biles, we -- we -- we -- we did not have a total agreement on that time frame up here. DR. BILES: I bet not. CHAIRMAN DAVIS: We were kind of back and forth quite a bit on it, between the three and seven years. DR. BILES: Yeah. CHAIRMAN DAVIS: Mr. Thomas? COMMISSIONER THOMAS: Question. If we established a three year, for example, for Marco Island, will we then have to establish a three Page 21 16G 2.' April 30, 1997 year for the rest of the county? MS. STUDENT: Well, I think you're going to need to just -- and the -- on the county it's just what you said, until it -- unless it presents a hazard. You need to make a finding as to what about Marco is different. I can't tell you what that finding is. It's got to be based upon what staff tells you or perhaps what some of the residents tell you, that it's somehow different and it justifies -- COMMISSIONER THOMAS: Well -- well, why don't we have -- MS. STUDENT: -- a different standard. COMMISSIONER THOMAS: -- the residents tell us -- why don't we have the residents tell us what's significantly -- MS. ST/DENT: And that's a -- COMMISSIONER THOMAS: -- different. MS. STUDENT: That's a factual finding that the Planning Commission will have to make. MR. MULHERE: And I would add to you that some issues that you may want to consider is that the -- the road system on Marco, many of those roads are collector roads but they function as arterial roads on which the commercial activitiesare located so they are much closer and -- and there's not as much right of way. And, secondarily, many of the commercial activities are located in very close proximity to residential activities, so, I mean I think it is a little bit different than the example of -- DR. BILES: Right. MR. MULHERE: -- an intersection of Pine Ridge Road and Airport Road. DR. BILES: Plus they"re ugly as sin. I mean let's face it. Some ~f them are really bad. And we've been trying for years to get this corrected on -- especially on Collier Boulevard. They're just really quite bad. MS. STUDENT: That if they're -- legally, when you talk about aesthetics, you can legally regulate for aesthetics but you still have to have some specific standards because, as the saying goes, beauty is in the eye of the beholder and you run into a problem with the uniform application and adequate delegation of authority. DR. BILES: Yeah, and I understand that. And I understand the law, right, but I do think seven years is just too darn long to get signage corrected. I'd hope that we could move back a little bit from that, my goodness. Three years. We're pleased with three years. We thought, okay, one year's too little, seven years is too much. Ail right. Three years is fine. But why we're going to seven, I don't know. MS. STUDENT: Could I ask Bob what the value generally or maybe even Mr. Davis might know, but on this type of sign, what kind of value are we talking about? DR. BILES: Cheap. MR. MULHERE: Any of them. CHAIRMAN DAVIS: If -- if you talk about, say, the sign that's in front of The Voyager at the Marco Island Marriott, which is a hundred Page 22 16G 2 April 30, 1997 square foot, illuminated, double face sign, free standing sign, which is the largest that's allowed under our code, it would range in value -- it would be 9500, a little over $10,000 to construct today. COMMISSIONER THOMAS: What's the life expectancy of that sign? CHAIRMAN DAVIS: With proper maintenance, 20 years. But, I -- I -- I tend -- I agree with what Miss Student said, from a -- from a tax standpoint as -- as one amortizes the cost over a period of years and you -- you depreciate it, you know, that life is, as we all know, far shorter. MS. STUDENT: And I'm not a -- I am no -- I know -- I know very little. I know enough about tax law to do my own tax return, but I can't tell you what the -- you know, a sign like that, I'd have to talk to a tax attorney to see, you know, what the depreciation sched -- you know, for how many years you could depreciate it because I think, if I remember correctly, it has something to do with the value of it as to how many years you can stretch it out. But in a -- when you do an amortization like that, it's been legally upheld that if it's for a time period sufficient for them to recover the value of the sign, then that's okay, otherwise we can run into takings problems. MR. MULHERE: Let me just add though -- COMMISSIONER THOMAS: Let me ask you -- MR. MULHERE: -- for your information, the -- the -- just -- just as -- as in -- you know, a piece of information. I'm not attesting to whether it was legally tested then or not but the Land Development Code and the Zoning Ordinance 82.2, prior to probably sometime in 1992 had a three-year time period for on-premise permanent signs. MS. STUDENT: Okay. -.-MR. MULHERE: So, I just -- I think that's pertinent. MS. STUDENT: Yeah. That makes me feel -- gives me a comfort level. COM~ISSIONER THOMAS: Okay. So, what you're saying, if we don't change and just -- and use the three years that we had already, then that would solv~ some of the problems that they're talking about to get them a little closer to what they want to do. Now, let me ask you a question. That sign you mentioned at the Marco -- was it Marco Marriott? CHAIRMAN DAVIS: Yes. The Voyager. COMMISSIONER THOMAS: The Voyager. Is that one of the largest and more expensive signs or is that a medium priced sign out there? CHAIRMAN DAVIS: For a one hundred square foot illuminated sign on Marco Island, that would be typical of cost. COMMISSIONER THOMAS: Typical of cost. CHAIRMAN DAVIS: Yes. COMMISSIONER THOMAS: Okay. And you got some signs out there that are more expensive and then some a whole lot less. CHAIRMAN DAVIS: Yes. Mr. York? COMMISSIONER YORK: Well, the only problem that I have is that let -- let's say that somebody went in to get a permit for a sign that Page 23 16G 2 - April 30, 1997 was permitted. It was legal a year ago and now we're amending the code to say, okay, it was legal a year ago. You've -- you've set it up, you've spent the money, you scheduled the depreciation, and then to say in three years you've got to -- it's got to come down and conform, I have a big problem with that, a big problem. COMMISSIONER THOMAS: You know, I had the same concern when we discussed it before. We also said that some of those signs are so configured that when you change them, you've got to eliminate parking spaces and all kinds of things in order to make it right. COMMISSIONER YORK: Well, I -- you know, I -- I -- I don't disagree that we want to try to -- to accon~odate, you know, this Master Plan but we have to have the rights of the individual citizens considered in -- in these things, too. MS. STUDENT: I -- I might add one addition that we had -- didn't have before. We also had the Bert J. Harris Private Property Rights Act and it kicks in -- you know, can kick into a whole lot of areas that the government regulates, so -- COMMISSIONER YORK: You know, I'd come back to -- again to recfuote Miss Student that beauty is in the eye of the beholder and -- but there are a lot of things that -- that I think are good looking like my driver. I think my driver is a good looking driver. My wife thinks it's ugly but, you know. COM}4ISSIONER OATES: Is there any way you could tie this into what they're using as in -- on their corporate or business income tax deduction schedules? MS. STUDENT: That's what we -- COMMISSIONER OATES: Because everybody's going to want to deduct it faster -- - --COMMISSIONER BRUET: Rate of depreciation. COMMISSIONER OATES: Yes. As much depreciation as possible. COMMISSIONER YORK: Most people use accelerated depreciation methods but IRS says that you -- you know, IRS comes into play here and says you can't depreciate it that rapidly, you have to use the useful life of the thing for depreciation. And -- and so they're governed by that. MS. STUDENT: And I have to consult with a tax attorney quite honestly. I had done so way back in 1989 and I don't know what changes, if any, there have been to the tax code on that. At that time, again I said I don't pretend to be an expert but that is a -- a tested method where the person gets their investment back so they can't say we took their property. COMMISSIONER OATES: I guess what I was saying is, you know, if they're depreciating it over ten years, let's say, and they've already depreciated it eight of those years but they couldn't get any more than two years or, in this case, three years. MS. STLrDENT: Yeah. That would be -- it would be hard to know -- MR. MULHERE: It's difficult for us to track. MS. STUDENT: -- Commissioner Oates, how, you know, how each individual has done that thus far, you know, because you almost have to -- Page 24 16G 2 April 30, 1997 COMMISSIONER YORK: Well, I -- my biggest problem is -- is that how do you -- how do you tell somebody that has a legal sign or anything legal right now and tell them that that's all changed, it was yesterday but today it's not? And how do you tell them you've got to correct that in one year, three years or seven years? I have a real difficult time with that. You can change the law but you can't make them change the -- change the thing. If they have to change the sign, they come into -- and they want to do something with that sign, they have to come in and conform now to the current standard. But I don't know -- MS. STUDENT: Bob, would you -- COMMISSIONER YORK: -- how you can go back and say in five, seven or ten years you've got to get that out of there? MS. STUDENT: We have provisions in the code generally for nonconformity so that if it's destroyed or -- and any number of things that can happen -- COMMISSIONER YORK: I don't have a problem with that. MS. STUDENT: -- or if it's approved, there are certain things, you know, that you have to do. COMMISSIONER THOMAS: But that's not what the folks want. MS. STUDENT: No, I know that. COMMISSIONER THOMAS: That's not what the folks want. Probably didn't finish half of what the folks want. sir? CHAIRMAN DAVIS: If you could identify yourself for the record, MR. BRADEEN: My name is Lynn Bradeen and I'm here wearing two hats. I'm president of the Marco Island Civic Association, including the Residents Beach Association and our total of over 10,000 members. I also'am chairman of the Architectural Review Committee on Marco Island and am sure you know that the Architectural Review Committee of MICA administers the deed restrictions that was given to them under an assignment of authority in 1986 from the Deltona Corporation. Some remarks, Mr. York, on -- I don't know how many signs would actually be affected. We have, as normal procedure for the last two years, because signs have been a hot issue, most of the people who come in for approval, we have counseled them on lowering their signs, and I'm not sure if there are really more than -- anybody who came in in the last year, more than one or two signs. I don't know. Mr. Davis might know better. But we have been counseling our applicants to be careful of the signing, that it is -- is going to change and we've had committees working on it. Also, I'd like to comment on the seven-year portion of it. I think that without a doubt, if you -- if there -- everyone we have talked to, everyone is -- when you say seven years to them, they just kind of throw up their hands and say, well, why even bother. And I think overwhelmingly on Marco Island that the people would be more satisfied with the three year versus the seven year. And, again, if any of you that know Marco, there's an awful lot of crappy, junkie signs down there and it's only been the last year that the county has assigned a code officer for signage. So, a lot of stuff Page 25 1.6G Z - April 30, 1997 has happened down there while the county looked the other way. But we definitely, as a resident, we would be more prone to go for the three years. In fact, I think it would be upsetting to our citizenry if they had to live with seven years. And, also, what if they're -- I don't know how many signs it would actually affect new signs, expensive signs, but there -- you mentioned the Marriott Corporation. It's hard for most residents to be concerned about the Marriott depreciating a $10,000 sign. I mean they're one of the biggest hotel corporations in the world. We are more concerned on Marco Island about the aesthetics differences. We understand personal rights and we certainly don't want to violate anyone. But as a resident and as an officer of the associations I mentioned, we definitely unequlvocably want the three years and, in fact, I -- probably most people would want it less than that. I think three years is reasonable. CO~4ISSIONER THOMAS: Could I ask staff a question? Staff, when we talked about this last time, we were told that a lot of the signs were illegal in the first place. Is that correct? DR. BILES: That's right. MR. M ULHER~: Oh, I -- I think there are a substantial number of signs. COMMISSIONER THOMAS: The illegal ones can be taken care of immediately. MR. MULHERE: And those aren't even in issue. Those as they get -- as they're -- COMMISSIONER THOMAS: Okay. Now, let's go back to answering his question. Of the ones that are legal signs, about how many signs are we-=aIking about would be affected negatively by this? MR. MULHERE: I -- I don't think I could answer that question. I can give you a -- a ball Dark or a percentage. COMMISSIONER THOMAS: Okay. MR. MULHERE: And -- and I'm going to tell -- I would tell you that the proposal here is to reduce pretty much across the board the size of signage significantly from what our code currently allows. Pole signs are going from a hundred square feet to 60 square feet. Wall signs are being reduced -- could be reduced, potentially, depends on if they meet the maximum of the code today or they're smaller, a size smaller. So, I think that there are -- probably are a significant number of signs that would not conform to these -- to be honest, I -- I think there's a significant number that would not conform to these regulations. The -- but there are -- there may not be -- I think there is -- the statement is correct. There may not be a whole lot of pole signs down on Marco. I mean we may be talking about, I don't know, 50? I mean that's off the top of my head, but you might be talking about only 50 signs of which maybe 35 don't conform. COMMISSIONER THOMAS: But the point is that if we were to eliminate every one of the illegal signs that are up there now, would Page 26 166 2 April 30, 1997 we deal with the problem that they're talking about? COMMISSIONER YORK: No. MR. MULHERE: Only -- only partially. CHAIRMAN DAVIS: You would see a 30 percent reduction in signage on Marco Island. Mr. York. COMMISSIONER YORK: Mr. Bradeen -- MR. BRADEEN: Yes, sir. COMMISSIONER YORK: -- I've spent almost nine years of my life on Marco Island, working there. MR. BRADEEN: I'm aware of that. COMMISSIONER YORK: And -- and I couldn't agree with you more that there are some really ugly signs down there and -- and -- and it would be wonderful that we can go ahead and change them. My concern is individ -- individual property rights. And, you know, we've used the -- the Marriott as an example. Although they're a big wealthy corporation, they have rights. They're big. They're -- they -- they-- they pay a lot of taxes to the -- to the county. They pay a lot of taxes. And they have rights as much as anybody else. And to go in there and arbitrar -- not arbitrarily. A lot of work has been done to tell them when you put that sign up that was legal, but now we're making it illegal, and you're going to change it in three years, I don't think that's fair. MR. BRADEEN: Well -- COMMISSIONER YORK: And I only used the the Marriott for that. MR. BRADEEN: Sure. C~MMISSIONER YORK: -- there are other people out there that have currently conforming signs that it's going -- created a hardship on them that they should -- they have their rights as much as anybody else looks at them and says, they're -- that's unsightly, it ought to be cut down. I couldn't agree with you more that that's right, but I -- I still have to protect their rights, too. MR. BRADEEN: Well, I can understand that. I think I would be more concerned about the individual proprietorships and the small shops that are going to get hit. But, again, they have run willy-nilly down there because the county has not enforced the sign ordinance and -- up until a year ago. But, again -- and I think this is very -- very important for you to consider. As an example, the Burger King that's very controversial on Marco Island, we -- we got them to go to a brown base sign that I think will -- would meet the code. The new Citizens Community Bank did the same thing. We talked them in -- when they came in, they had a very big, large, tall sign, their si~n. And these are the ones I know that have come in the last year, so I can't right off -- and we looked at all the plans of Marco Island. And the vice-chair of our committee is here also, who is an engineer, and I can't remember anybody putting the sign up that I can remember that would -- that would be -- be -- fall into the Page 27 16G 2 April 30, 1997 complication Mr. York is discussing. MR. JOH/qSON: I concur with that. COMMISSIONER THOMAS: Now, what you say is -- is -- if what you say is accurate, that we go out there and we deal with all of the illegal signs to a heavy code enforcement out there to get all the illegal signs because we could make those change overnight, that would deal with 30 percent of the problem, okay? And then all of the newer signs, you say, in the last couple of years that you all have been giving them advice and they generally followed your advice, that we may end up with a very small problem, that you all may be able to live with seven years. CHAIRMAN DAVIS: You -- you didn't hear what Mr. Mulhere said. We're talking about the small number of free-standing signs That -- that is only one kind of sign that's affected by this overlay district. · It also affects reduction in size of wall signs. Across the board, it affects all signage, so let's not misunderstand the impact of ~h~t we're talking about here .... -~ remln~ the group uD here that I ~hi~u~°~ at the same time I'll advocating like an in between time frame of five years, as I recall as something that would be -- , COMMISSIONER THOMAS: Yeah, but -- but what -- CHAIRMAN DAVIS: -- out there. COMMISSIONER THOMAS: Okay. But what my point is even though the overall signage has been reduced, something motivated the folks to focus on signs. A lot of that may be the illegal signs that are proliferated uD all over the place. Eliminate those signs, okay, and we've got the newer signs that ar~ in' conformance, you may look at the problem after you eliminate those signs and say, hey, this is not like we want it but at least we can tolerate it for seven years, as opposed to the right now, don't want to tolerate it because you can't pick out which ones of those that are illegal signs. COMMISSIONER YORK: But it -- it also goes to say that you could have voluntary conformance. My problem is -- is -- is making it law, that they've got to do it. When you're taking away prod -- I -- I would support aggressive, a code enforcement for illegal signs. I would support that a hundred percent and I could support voluntary conformance to meet the new standards, but anybody that's got a conforming sign there now, I just -- I just can't agree that you can take their property rights away from them. CHAIRMAN DAVIS: Well, let's -- let's let the citizens finish speaking to us and then -- HR. BRADEEN: I would just want to, Mr. Davis, follow up on this -- what Mr. Mulhere said. Marco -- Deltona in its infinite wisdom didn't think about the narrow streets they were building on Marco Island when they were doing it. Most of the residential areas, by the way, the grass grows right up to the paving. There's no shoulder whatsoever. Our commercial districts, the roads are very, very compact and a Page 28 16G 2. April 30, 1997 sign is -- that even is legal under the new standards is going to probably look bigger on Marco than it would up here on one of the major roads. And it is a problem. Signs are a hot button all over the country, not just here. That is one of the -- one of the most hotly debated ordinance issues across the country and it's in all the engineering magazines. So, it -- we're not the only ones. I mean it's everywhere because signs really, you know, where they haven't been controlled are -- would have gotten out of control. But, again, I think there's no doubt what the residency -- residentz-y (sic) citizens would prefer on Marco and that would be a max of a three-year sign. Thank you very much. CHAIRMAN DAVIS: Is there anyone else who would like to speak on the sign issue? MR. JOHNSON: Good evening. I'm Jim Johnson. I'm vice-president of the Marco Island Civic Association and a member of the Architectural Review Committee as well. The ordinance, as I see it, and what everybody seems to be centering on is some period of time starting now and going seven years in the future or five years in the future. Perhaps another way to look at this whole issue is to look at the age of the signs involved and as part of your intensive enforcement, establish when each of these signs was permitted and perhaps maybe assign them a useful life of some greater time period such as ten or 15 years. By doing this, most of those signs have probably gone through the bulk of their useful life and this may give some compromise that Mr. YoYk"s' concerns could be addressed at, although yours appears to be a point that growing bears no notion of time. If we take your position on private property rights, there would be no reason why a sign couldn't last several hundred years into the future. And, you know, your base position is that so be it and we have to live with that for a hundred years into the future or whatever. And with proper maintenance you can maintain anything. You just keep replacing all the parts. So, I -- I can see that, you know, that logic although, you know, I see what you're saying, it leads to a totally untenable situation. And perhaps using the concept of a life span of a sign with some value and assessing it from the time the sign was permitted may result in a solution to this. COMMISSIONER THOMAS: How would you all be able to manage main -- manage that? MR. MULHERE: Well, I think the biggest problem that we have -- I mean it's -- it's certainly not a bad idea. We looked at it. Our concern is the -- the -- the manpower that would be required for the staff to be responsible for determining that information. The code enforcement staff, the staff that you do have out there now that's looking at nonconforming signs will be spending all of their time looking at all signs to find out when they were built and what they're Page 29 April 30, 1997 worth, plus they're not qualified to determine the value of the sign. So, if we put the burden on the property owner to provide us with that information, which we do do for off-site signs, but let's keep in perspective, off-site billboards, there's no more than 75 in the county. Probably less than 50. We're talking about a very manageable number. We now have the names of all the companies that own those signs and we can correspond to them. To do that for all of the signage on Marco, we're talking thousands of signs. And to require the property owner to do it, and we have to monitor whether they have or have not submitted to us a copy of the permit that does or does not exist and what the value is, they've got to go out and hire somebody to assess the value of that sign and then we would base our length of time frame on something that they've submitted to us. We don't think it's functionally very good. We would like to have a time certain. The time certain that we know that if a sign exists and doesn't conform, it doesn't belong there. And for enforcement purposes, I think -- COM/~ISSIONER YORK: Let me ask the County Attorney. Is it a -- Marjorie, is it -- could this become a property rights issue? MS. STUDENT: Possibly. You know, that's a new law. I think it could become a -- a takings issue and, again, that's a very fluid concept and it's hard to predict. And we could just say that it could be a problem. As long -- again, as I had stated earlier, as long as the time perf~od is reasonable, you know, for them to recoup the value of that, then they cannot say we took their property. COMMISSIONER THOMAS: Can I ask someone -- ' "COMMISSIONER YORK: Well, I agreed with the seven years, you know. I did agree with that but -- and my concern is it's strictly a property rights issue. I -- I couldn't agree with you all more. MR. JOH/~SON: So, if we were to assign a property life of seven years, that would work from a legal point of view and -- COMMISSIONER YORK: I don't know. MR. JOH/~SON: -- from your property rights point of view. And if we took that from the date it was placed in service or originally permitted, I believe that would satisfy the residents of the area. COMMISSIONER THOMAS: When -- when you all and a -- your Civic Associations, do you all involve the commercial interests on your community involved in that? Were they involved in those kind of decisions? MR. JOHNSON: Absolutely. COMMISSIONER THOMAS: So that they are supportive of this also? M~. JOHNSON: I can't speak for each and every property owner, nor can you speak for each and every citizen. What we can do is tell you what the consensus of our membership is. The consensus of the residents of Marco, we are -- COMMISSIONER THOMAS: The takings issue -- MR. JOHNSON: -- cognizant -- COMMISSIONER THOMAS: -- the takings issue is a very serious Page 30 April 30, 1997 issue. And we've had to deal with it before and there's been a lot of case law and a new law that's come out that -- MS. STUDENT: Yeah. COMMISSIONER THOMAS: -- deals with that. MS. STUDENT: The case law, it's a very fluid concept and it's hard to predict but, you know, when there's governmental action, and the Supreme Court says, go too far, and they left it real broad so you could determine on a case by case what -- what too far is. But, you know, if you take the value of something away and it -- the ~- the property is worth less in value and so forth, then you have affected a property right. And under the new -- there,s new legislation that came out a couple of years ago, the Private Property Rights Act, and that is -- can be used for all kinds of things that the local government regulates. And we haven't seen any court cases yet because there's a very lengthy process that one must go through at the local level and then with the hearing, mediation and this type of thing, and then more public hearings to straighten out the problem and so forth. And in that scenario, you -- you may be in a situation where if a mediator or a hearing officer determines something, then the local government,s got to do it. And I -- I -- I can't -- but, you know, it's hard to talk about that because there aren't any cases that are reported yet about that and it's in very broad terms. CHAIRMAN DAVIS: It -- it's -- it strikes me that -- that we're to a point here where -- and I -- this -- this board is going to make a recommendation on this issue to the Board of County Commissioners what the rest of you, since I won't be voting on it, think is a reasonable time to allow in the situation. That's simply what this boils down to. And I think -- MS. STUDENT: I want to ask Bob a question when you finished -- CHAIRMAN DAVIS: Okay. MS. STUDENT: -- about our -- CHAIRMAN DAVIS: And I think it's very clear the -- the residents that are here from Marco Island, and certainly representing some associations down there, feel that sooner is better. MR. JOHNSON: Yeah. And I might point out that the committee that came up with the recommendation of three years encompassed the Civic Association __ actually one year, encompassed __ DR. BILES: Thirty days. In here it's thirty days. MR. MULHERE: Yeah. That's for -- that's for temporary signs. The Permitted on-premise signs is one year. MR. JOHNSON: That committee encompassed members from the board or the Chamber of Commerce, the Civic Association, and several other -- the real estate community. So, it was by and large a good cross-sectional representation of the community. I think everybody down there tends to think that the signs are an ungodly or unsightly condition and need to be rectified Page 31 16G 2 April 30, 1997 and that would be for the overall benefit of the community to rectify that even though it would be -- place a burden on some segments of the population. MR. MULHERE: I -- I -- I can add that -- that we did have one town hall meeting in which the public was invited on this overlay and the major topic of discussion was signage. COMMISSIONER THOMAS: And the Chamber of Commerce supports the concept of a -- of the one year? MR. MULHERE: I have not received anything in writing pro or con. CHAIRMAN DAVIS: I'd -- I'd add here that I was invited to a -- I guess it was a subcommittee meeting of the group of people that the -- the gentleman,s talking about. And the -- the -- the same concerns were expressed to me as a sign representative at that meeting as they're being expressed here and -- and at the same time, I made a lot of suggestions to them to -- to achieve the goal where they wanted to add with -- for the -- the visual signage on Marco Island to be something different than it is in the rest of the county because that's what they wanted. And a lot of what we see here is -- is really a direct outcome of -- of that meeting and conversation. My observation is -- is I think certainly a majority of the people on Marco Island. This -- this is pretty close to what they want to see down there. And I think we're -- we're -- and I guess I'm trying to expedite things here. We're to a point what -- what we, when we make our recommendation, think is a reasonable time frame. We really aren't discussing anything else here. It's just what reasonable and we've heard .... what's COMMISSIONER YORK: I.think -- CHAIRMAN DAVIS: ffam~' -- a year to seven years basically as our time COMMISSIONER YORK: I think -- I think irrespective of what we -- what our recommendation is that we -- I think -- and I think everybody would agree with me, that our major concern is the taking of rights. CHAIRMAN DAVIS: That's -- that's a concern this board always has many, many times, yes. MR. JOHNSON: Thank you, gentlemen. CHAIRMAN DAVIS: Okay. Any -- anyone else have anything to add to this particular sign issue? MS. STUDENT: If I might ask Bob again, you had said in our regular code there was once a time period established for this type of sign. MS. STUDENT: And what was that period? MR. MUIJTERE: Three years. MS. STUDENT: Because I -- and what year was that in the '89 or '91 .... MR. MULHERE: Well, I know that it was in 82.2 prior MS. STUDENT: Okay. -- MR. MULHERE: -- to the adoption of the Land Development Code. But I believe we did a comprehensive revision to the sign code after the adoption of the Land Development Code. I think it was in 1992 and Page 32 2 April 30, 1997 I think the original Land Development Code also contained -- because I did do the research. If my recollection serves me, that contained the three-year time frame for permanent on-premise signs. The confusion has been that everyone has thought that there was an amortization schedule for all signs. That amortization schedule has only applied to -- COMMISSIONER YORK: Temporary -- MR. MULHERE: -- billboards off-site. CHAIRMAN DAVIS: And -- and understand -- I agree. ~Lr. Mulhere's exactly right with the -- with the times he cites. The reality of it was, what county staff discovered, the magnitude of what our code said they were supposed to do was simlDly impossible without, you know, hiring ten or 20 additional people to simply do that and nothing else within that three-year time period. MR. MULHERE: That's right. CHAIRMAN DAVIS: So, Mr. -- Mr. Thomas. COMMISSIONER THOMAS: I don't believe I'm going to make this motion but I am going to make it. And my findings are based on the facts because I'm -- I'm -- I'm like you all. I believe we need to protect the property rights. But my findings are going to be based on the fact that you've got a -- a fairly congested area with narrow roadways and the close intermingling of commercial and residential, that we should recommend that, one -- several things happen: One, that there's a comprehensive approach to deal with all illegal signs on Marco; two, that any time a person has to come in to have anything done to the sign, they'll bring it up to code, not that schedule we looked up before, and that all si'gn%'~ave to be in code within five years from the enactment of this particular thing. That's my motion. CHAIRMAN DAVIS: Okay. Second? COMMISSIONq~R BUDD: Yes. Second. CHAIRMAN DAVIS: Seconded by Mr. Budd. Understand, the second part of your motion, Fred, was that -- that if someone came in to permit a change to the sign -- COMMISSIONER THOMAS: Any changes to the sign means it goes under full conformance. MR. MULHERE: We use the same standards that we have in our code today. COMMISSIONER THOMAS: Right. MR. ~RE: Okay. Which is -- COMMISSIONER THOMAS: That' s exactly right. MR. MUI2{ER~: Which is that -- COMMISSIONER THOMAS: 51 percent or something like that? MR. MULHERE: Well, if -- if they come in to structure to amend the sign, they're required to bring that sign into conformancy in one aspect or another if it's height, if it's size or if it's location. COMMISSIONER THOMAS: No. That's not what I'm talking about. MR. MULHERE: Okay. Page 33 16G 2 April 30, 1997 COMMISSIONER THOMAS: I'm talking about bringing it into conformance. COMMISSIONER OATES: Total conformance. MR. MUI24ERE: Completely. COMMISSIONER THOMAS: Total conformance. MR. MULHERE: Okay. COMMISSIONER THOMAS: Without dealing with that other thing that we were dealing with, that -- that rotating thing. MR. MULHERE: Which speeds up that three-year process -- COMMISSIONER THOMAS: Yes. MR. MULHERE: -- for someone who needs to amend -- or wants to -- COMMISSIONER THOMAS: Right. MR. MULHERE: -- physically structure their sign. COMMISSIONER THOMAS: Five years. MR. MULHERE: Okay. For five years. COMMISSIONER THOMAS: Five years. But it does speed up the process. MR. MULHERE: Right. CHAIRMAN DAVIS: Discussion on the motion? COMMISSIONER BRUET: Mr. Chairman, I like the motion except I still like the seven-year idea. I think a small business needs a little more breathing room. CHAIRMAN DAVIS: Any other discussion? All those in fair of the motion, signify by saying aye. Opposed? COMMISSIONER BRUET: Nay. COMMISSIONER YORK: Nay. .... .C. HAIRMAN DAVIS: So, it passes -- COMMISSIONER THOMAS: Two. CHAIRMAN DAVIS: -- four to two with the Chairman abstaining. MR. MI~: Five. Oh, yes. Four to two with the Chairman abstaining. All right. Got it. MS. STUDENT: And, Mr. Chairman, would you just state the reason for the record that -- I think it's obvious but for the record. CHAIRMAN DAVIS: It's obvious since I -- COMMISSIONER THOMAS: He' 11 make a whole lot more money selling those two signs. CHAIRMAN DAVIS: No. Well, for the record, since I -- since I DR. BILES: Lay a corporation. CHAIRMAN DAVIS: -- run a -- a sign company here in -- in Naples, I -- I think that -- that the reason for my abstention is 'obvious but I -- I'd point out that I've -- I've talked favorably in support of a lot of the changes, which these changes are going to take one heck of a lot of money out of the sign industry in this county. But, by the same token, as someone who's lived here for over 20 years, I would tend to agree with the people that live down there it will be an improvement. MR. MULHERE: The -- that really completes all of the -- the Page c April 30, i997 overview of the Marco Island -- COMMISSIONER THOMAS: That's -- now, that -- that overlay -- MR. MULHERE: From my -- from my perspective. I know -- COMMISSIONER THOMAS: That overlay only covers signs in Marco. MR. MULHERE: No. The overlay covers a wide -- COMMISSIONER DAVIS: A wide -- MR. MULHERE: -- spectrum of -- of things It creates co~nercial subdistricts, it -- ' COMMISSIONER THOMAS: No, no, no, no. For signage. MR. MULHERE: Oh, is this for signage? Yes. COMMISSIONER THOMAS: Just for Marco, okay. MR. MULHERE: Yes. DR. BILES: But there is another concern. CHAIRMAN DAVIS: Yeah. We'll -- and -- and we'll get to that now, now that we've gotten past the signage part of it -- COMMISSIONER THOMAS: What's the other -- CHAIRMAN DAVIS: -- I would welcome anybody that wants to speak on any other concerns they have with the Marco Island overlay district. And if -- if it's a particular topic, we'd want to get all the speakers on that topic. DR. BILES: Yes, sir. MR. BRADEEN: Gentlemen, I'm referring to what's in a -- THE COURT REPORTER: Sir? Sir, could you give me your name again, please? MR. BRADEEN: Lynn Bradeen, B-r-a-d-e-e-n. Page 22 that shows the Town Center commercial district -- MR. MULHERE: It's actually, I think, Page 50 on the handwritten. ..... ~.MR. BRADEEN: Okay. COMMISSIONER YORK: Page 50, Bob? MR. MULHERE: Right. Well, the map -- are you referring to the map or -- MR. BRADEEN: Yes. MR. MULHERE: The map is on Page 49. COMMISSIONER THOMAS: Page 49. I got it. Yeah. Okay. MR. BRADEEN: There are a couple -- on Marco Island actually three really concerning issues right now with the zone overlay. One is that we just finished with the signs, the second is boathouses. We fought to get -- help get boathouses a conditional use because they take a supermajority by the commission to pass and we are also against any change in that procedure other than we would like to see boathouses banned all together. They are unsightly and it's hard anywhere on Marco Island to build a boathouse that you do not block somebody else's view and that you do not create a terribly, unsightly, ugly structure. And they have a tendency to be neglected. The -- the wind gets them. They don't keep them repaired and that's -- but the issue here is on North Bald Eagle. There is a property of -- of several lots; one, two, three, four, five, six, seven, eight, where they're going from zoning C-4 to C-5. This is one of the main thoroughfares of Marco Island. It is the Page 35 16G Z '. April 30, 1997 entrance to the historical district, people from off island that come to our marinas and come to our top restaurants. This is not an area for C-5. It is not under -- it has never been C-5. It puts it in direct conflict with our deed restrictions, which are going to cause legal complications, because we must -- by the assignment of authority from the Deltona Corporation, we must uphold the deed restrictions. And there really isn't any logical reason as a citizen, or anyone I have talked to, can imagine why anybody would consider zoning that from C-4 to C-5. COMMISSIONER THOMAS: I thought these were recommendations from the~.r committee. MI~.. MULKERE: Well, let's make that clear. Those are recommendations from that committee, not from the staff. But I will tell you I can -- if -- when Mr. Bradeen is finished, I can give you the reason why the committee recommended this. COMMISSIONER THOMAS: Wait a minute. Wait a minute. COMMISSIONER PEDONE: The committee on Marco Island? COMMISSIONER THOMAS: I'm confused now. CHAIRMAN DAVIS: Let's -- let's hear it. Let's -- COMMISSIONER THOMAS: The committee being -- CHAIRF~AN DAVIS: Let's hear everybody out. COMMISSIONER THOMAS: I just want to know what committee he's -- the same -- MR. MULHERE: It's the same -- COMMISSIONER THOMAS: -- folks -- wait a minute. Wait. Wait a minute. Wait a minute. The same folks that recommended to us the one year on the -- on the signage -- MR. MULHERE: Yes, sir. COMMISSIONER THOMAS: -- is the same group that told us about this? MR. MULHERE: That's right. The subcommittee. COMMISSIONER THOMAS: The subcommittee. MR. BRADEEN: The subcommittee of division -- MR. MULHERE: The ad hoc subcommittee but I can address the reason. I mean it doesn't -- MR. BRADEEN: I think also when you look at the subcommittee, that some of these things might have been due to the fact that that committee was made up predominantly of real estate agents. But for the citizens, if you were to poll, and we have done this, the citizenry of Marco Island does not want that heavy use on a main thoroughfare where it has not been and that will put it in legal complications with our deed restrictions. And the areas that are C-5, that are -- are near it are the most unsightly, the most unkempt. We are negotiating with the county right now to have a sweep through that area for code violations. And to extend that type of zoning on a main artery can cause legal complications with the deed restrictions. I mean nobody can understand that. CHAIRMAN DAVIS: Thank you. Just a comment. Page 36 April 30, 1997 A minute ago, I think a lot of us were -- were made aware that the committee was a -- a good cross-section of the Marco Island community. And now you're saying it's not. So, I -- you know, I just -- I wanted to point that out. MR. BRADEEN: No. I didn't say it wasn't a good cross-section. I didn't say that at all. I think that -- I wasn't at that meeting so I really can't comment, Mr. Davis, what went on there. I know the composition of the committee and I know it's very heavily -- or it was populated with about 80 percent real estate people. I think that -- that has something to do with it. And -- but, again, we have to live with it on Marco Island. And the -- again, I don't know what happened at that coFmittee but I can tell you that Marco Island people do not agree with that decision or that recommendation for that committee. CHAIRMAN DAVIS: All right. Thank you. Mr. Mulhere. COM~4ISSIONER OATES: Mr. Chairman, maybe Mr. Johnson could speak to that since he was a member of the committee. DR. BILES: I'd like to make another comment on that. THE COURT REPORTER: Ma'am, could you -- COMMISSIONER OATES: Excuse me, Mr. Chairman. I asked a question. DR. BILES: Go ahead. CHAIRMAN DAVIS: Just a minute. Mr. Johnson -- if you could, stand down, Miss -- Dr. Biles, and Mr. Johnson could answer that question for us that's been asked by Pit. Oates. MR. JOH/gSON: Okay. I think I can help you -- '-THE COURT REPORTER: Mr. Johnson, identify yourself. MR. JOHNSON: James Johnson, vice-president of MICA. I was a member of this ad hoc committee and one of few members on this committee representing residents and citizens as opposed to people involved in business interests. With regard to the signage issue, the business interests as well as the residential interests were served by the recommendations of the committee. With respect to the rezoning issue dealing with C-5 property, the residential concerns are not met by the recommendations of that committee. So, just as all of you gentlemen come up with the recommendation of a committee, any one of you may stringently or very strongly disagree with the recommendation of your committee as a whole. Likewise, with this committee, some of us were in disagreement with the recommendations of the committee; however, the committee as a whole made the recommendations it did. So, I think that should clarify. Does anybody have any further questions of -- CHAIRMAN DAVIS: Thank you, Mr. Johnson. MR. JOHNSON: Okay. COMMISSIONER OATES: Well, we'll hear some of these others -- Page 37 April 30, 1997 DR. BILES: Well, I just think that -- CHAIRMAN DAVIS: Dr. Biles is going to speak -- DR. BILES: Yes. CHAIRMAN DAVIS: -- and then we're going to have Mr. Mulhere -- DR. BILES: Okay. CHAIRMAN DAVIS: -- answer us. THE COURT REPORTER: Please identify yourself. DR. BILES: Fay Biles. Yes. As you know, with our Master Plan, part of what we're trying to do is really attract and entice a diversification of business people to come on to Marco Island. We are in -- you know, overwhelmed with tourists as you know. And we're trying to say, you know, if we have fewer tourists and more diversification, we could do more. We have talked a very attractive business to come on to Bald Eagle right across from these three lots that we're talking about right over here. He's -- he's building a very attractive -- it's a carpet -- he owns a carpeting place, and it's a very attractive building. Just lately he said he was so upset, he said, when he found out that this was across -- right across the street was going to C-5. He said, 'I'm sorry that I am building this place." And that's one of our problems. Bald Eagle, we want to keep, if we can, C-4, and keep Elkcam Circle, all the way down Elkcam, as C-5 if we can. So, that's why we're trying to, you know, keep this in C-4. CHAIRMAN DAVIS: Mr. York? COMMISSIONER YORK: I have a question. Bob, on -- on -- on the lots -- on this property that she's talking about, as I -- as I remember and I -- I've driven by this 80 gazillion times, there's a -- there's a -- a -- a convenience service station on the corner. Then -- then the Grand --or Marco Bay Resort takes up -- MR. MULHERE: Going -- heading -- COMMISSIONER YORK: -- major portions of that. MR. MULHERE: No. This is heading -- this would be from the convenience store heading south, heading -- heading towards the intersection of Bald Eagle and Collier. DR. BILES: Right. MR. MULHERE: The Angler's Cove is -- is -- COMMISSIONER YORK: Oh, okay. Okay. Okay. I got it now. MR. JOHNSON: Across the street from the Texaco car wash. MR. MULHERE: There is a -- there's a service station on one end and then there's a -- some -- some -- like a tire store or auto repair. COMMISSIONER YORK: Yeah. MR. MULHERE: And -- COMMISSIONER YORK: I got it. MR. MULHERE: -- then there is a storage yard that -- in other words -- COMMISSIONER THOMAS: If I come on the island and get to Bald Page 38 16G 2 April 30, 1997 Eagle, turn left, it would be on my right-hand side going down. MR. ~HERE: No. You turn right. CHAIRMAN DAVIS: Turn right. COMMISSIONER YORK: Turn right on Bald Eagle. DR. BILES: Turn right. MR. MULHERE: It's going to be on the right-hand side. COMMISSIONER YORK: Turn right on Bald Eagle. COMMISSIONER THOMAS: Turn right and then it would on the right-hand side, right. I know where you -- DR. BILES: There's several strip malls. COMMISSIONER YORK: Yeah. There are little strip malls. DR. BILES: That's right. It's nice, nice looking. MR. MULHERE: Now -- COMMISSIONER YORK: And the proposal is to change this from C-2 -- MR. MULHERE: The Texaco station is right across the street. COMMISSIONER YORK: -- C-2 to C- 5? MR. MULHERE: No. It's currently zoned C-4. The -- the reasoning -- and I'm speaking for the committee or on behalf of the committee to give you the reasoning. I'm not necessarily giving the staff position. I'll hold off and give you that when I'm finished, but the reason was that it was the opinion of this committee that there was a -- not enough C-5 uses, that there were relatively few vacant lots and that there was not enough C-5 vacant zoned land to support those types of uses, those service types of uses; the plumber, the carpenter, those kinds of things. They looked around for various locations and they looked at Old Marco -- they looked at Ma=co Lake Drive, which is zoned C-4 now, and those are real small lots, so that didn't seem appropriate. They ch~s~ these particular lots because they're surrounded in the rear at C-5 and on the side heading down towards Angler's Cove is zoned C-5. And they didn't want to extend it beyond Barfield to the C-4 across the street. So, they -- they looked at those lots and said they'd use it. Now, the staff had some concerns with that recommendation and -- and we altered that slightly at -- at full blown recommendation for all C-5 uses to expressly prohibit outdoor storage yards as a principal permitted use on those parcels. In addition, the very same architectural standards that were applied when my staff reviewed the carpet store for Mr. Ehlen when it came in, would also be applied to any building that's going to be constructed here. So, the buildings, the way that they look will be governed by the -- the architectural and design standards that the board recently approved. There is still a question of uses. There are more intensive uses, if you will, permitted in the C-5 district. But, predominately, the issue of those uses is the outside storage function and not so much if it takes in what -- takes place inside an architecturally finished building. What the building looks like from the outside is -- was the Page 39 April 30, 1997 issue. For example, we have a mini warehouse storage facility that's come in that meets these architectural standards that can be very easily made to look like an office building. But I think that Dr. Biles and -- and Mr. Bradeen are correct in one respect and that is that part of what we have not done yet is to look at all of these commercial districts in depth to create, and now I'm speaking as a staff member, to create specific design and architectural standards. And it may be appropriate to hold off on allowing these uses until such time as we have an opportunity to look at the Town Center District comprehensively and determine maybe which of these uses are appropriate potentially, whether or not there are any conflicts with deed restrictions, and then come back because we're going to do that process anyway. We're going to go through that process. I don't know if it will be a year or two before we finish it, but we're going to go through that process commercial district by commercial district. We don't have any ownership in this -- necessarily in this -- in this recommendation here. Whether or not it makes sense or not we can do a little more comprehensive evaluation and maybe limit some of those uses that are of concern. One other thing -- some more good news. I don't know, you know, if this was read cover to cover, word byword. Another, I think, improvement that the staff based on a recommendation made at the town hall meeting -- I think it was Dr. Biles that make the recommendation. I'm not sure but there was a recommendation to look at the existing storage yards in that C-5 area that exists back there in Elkcam Circle. - -There is a proposal here that within one year any existing storage yard be fenced -- be enclosed with an opaque fence and landscaping treatment per the code. COM/~ISSIONT-R THOMAS: Is that to include dry storage boatyards? MR. MULHEP~E: Whatever the code requires, yeah. There most of the dry storage boatyards are not a problem. I mean they were developed -- w~ll, with one exception, that everyone brings out in fun of me. It's mostly equipment storage and those tyI~es of things. The yards are not fenced and they're not -- there is no landscaping. They're not, you know -- and, so, we're going to -- COMMISSIONER YORK: Very unsightly. MR. MULHERE: They're very unsightly. So, we are going to as part of this require that they be brought up to code in term~ of that opaque fence and landscaping exterior to the fence. That will be some improvement. Further improvements, I think, will take place when areas get redeveloped but this will be an initial improvement. We're going to ask that it happen within one year. COMMISSIONER OATES: Mr. Chairman, if I -- it seems to me to make a lot of sense to not allow the C-5 at the present time until there's sufficient study done on the issue. Page 40 16G 2 April 30, 1997 CF~IRMAN DAVIS: I agree. COMMISSIONER PEEK)NE: I agree. COMMISSION-ER THOMAS: Got my vote. CHAIRMAN DAVIS: Mr. Bruet? COMMISSIONER BRUET: That's fine. CHAIRMAN DAVIS: I think you have agreement from us, Mr. Mulhere. MR. MULR~RE: We'll take a look at the issue when we look at the Town Center comprehensively. It is an entryway to Old Marco. I don't disagree with that. COMMISSIONER YORK: But I see a feeling right now that we shouldn't allow more intensive use of that property than there is there already. I might change my mind after your study but as Mr. Mulhere says, there -- there may be some uses within C-5 that -- that make sense. MR. MULHERE: And -- and I think providing they are held to the same restrictions that the carpet warehouse was held to when it came through the architectural standards, you know, something. COM/~ISSIOArER YORK: Okay. That's -- apparently that's the way we'd like to go. MR. JOHNSON: Gentlemen, I'd to speak to -- CHAIRMAN DAVIS: Your name again? MR. JOHNSON: Jim Johnson, vice-president, MICA. I'd like to speak to one other issue that is not included in this ordinance and needs to be. That is the issue of control of lighting. There have been at least two occurrences on Marco that have caused probably the most widespread uproar of the citizens and that's the Wings development down by the south end of the island and the Burger King development. Both of these were characterized by very intense lighting that's very objectionable and just inappropriate. And I believe we need to include in our ordinance a prohibition of any point source of light in excess of 25 watts being viewable from outside of the property line of the particular property being developed. This means that when I walk do%rn the sidewalk, I wouldn't have bright lights like these glaring in my face. With the Burger King development and with the Wings development, you're faced with a whole lot of bright light. And there's no reason for that other than to attract attention. Limiting the point source of light to 25 watts would allow a reasonable light bulb to be placed in a front fixture on a house, for example, and be visible, yet prohibit spotlights from glaring out at people. So, I would like to recommend to you that you include that in this ordinance. COMMISSIONER OATES: Mr. Chairman, I'd like -- I would -- I'm not knowledgeable enough without some study given to this issue that I would want to make a recommendation of any sort like that. COMMISSIONER THOMAS: What is the county code as it relates to that? I know that petitions come for us to rezone. We talk about light sf~ields or whatever. MR. MULHERE: Lighting -- lighting has to be shielded to prevent Page 41 16G 2 April 30, 1997 glare on neighboring properties. COMMISSIONER YORK: It's addressed in the code. MR. MULHERE: Well, we've had code enforcement down to this one particular place three or four times and they've reduced the lighting and then maybe it goes up again, I don't know. You know, I -- I live close to him so -- but -- but the code does prohibit the -- the -- the -- or require that lights be shielded to prevent glare on neighboring properties or to interfere with vehicular traffic. This code also does the same. I would -- I would not want to make a recommendation on -- on that, on some specific wattage and so on and so forth unless there was some comprehensive review. We can take a look at it in the future but I -- I don't feel like we -- COMMISSIONER THOMAS: What about the Wings? Isn't that on the south end of the island now where it makes a turn? MR. MULHERE: Very, very bright lights inside the building which reflect out. COMMISSIONER THOMAS: Okay. But isn't that on the beach side? MR. MULHERE: Yes. No. It's not on the beach side of Collier, no. It's on the other side. COMMISSIONER THOMAS: Oh, okay. CHAIRMAN DAVIS: Could Wings be built as it is today with our new architectural standards? P[R. MULHERE: Not as it was. There would be considerable changes in -- in the structure, you know, change of glass and those types of things, so -- CHAIRMAN DAVIS: When you -- when you front a building with that much glass and it's open at night, the light inside -- MR. MULHERE: I think it's designed to do exactly what it does and that's to attract attention -- CHAIRY~N DAVIS: Well, I -- I don't disagree. MR. MULHERE: -- with merchandise visible and highlighted. COMMISSIONER THOMAS: What is Wings? Is it a restaurant? MR. MULHERE: No. It's a retail swimwear. COMMISSIONER THOMAS: Swimwear. UNIDENTIFIED SPEAKER: T-shirts. I4R. MTJLHERE: T-shirts and swimwear and whatnot. COMMISSIONER THOMAS: For tourists. DR. BILES: Bikinis in the windows, you know. COM/4ISSIONER THOMAS: Bikinis in the windows. MR. M ULHERE: It -- it is something that could be addressed. I just -- I just feel as though, you know, we looked at this issue and we did -- we went as far as -- as -- as we feel that we should at this point in time. We did not -- in the codes that we looked at, we did not see a good methodology to regulate specifically by wattage illumination. The code says it cannot reflect on neighboring property. We need to enforce -- COMMISSIONER THOMAS: That should be enough. Okay. MR. JOHNSON: Thank you, gentlemen. I disagree with you, mind you. I believe you should regulate it at this time and then back off Page 42 16G April 30, 1997 from the point you regulate it to. CHAIRMAN DAVIS: Fair enough. Anyone else to speak? DR. BILES: Yes. Fay Biles again. I just have a question very quickly on the Village Commercial District. On my page it's 19. I'm not sure what your page is. MR. ~RE: Is that handwritten or -- CHAIRMAN DAVIS: No. DR. BILES: It's a map. CHAIRMAN DAVIS: Okay. DR. BILES: And I think it's wrong. If you look down the Villa de Marco, where is Old Marco Inn? MR. MULPLERE: Let me -- DR. BILES: I think that map is incorrect. MR. MULHERE: That could be. Let me -- COMMISSIONER THOMAS: Is that one on 39? MR. MULHERE: It's on page -- Page 27? DR. BILES: It's Page 19 on mine. I don't know -- MR. MULHERE: Okay. Page 45. It's the Village Commercial District. Page 45, a handwritten page. DR. BILES: It's Map Number 8. It's Map Number 8. COMMISSIONER THOMAS: All right. I've got Map Number 8. MR. MULHERE: That's correct. Map Number 8. DR. BILES: Okay. Now, look down there at the very end where it says Villa de Marco? MR. MULHERE: Yes. DR. BILES: And I -- I think that's wrong in there because Old Marco Inn is not there. MR. MULHERE: Well, the Old Marco Inn is -- is within that area shown on that map. DR. BILES: Oh. Oh, all right. MR. MULHERE: It's in the number -- you see the Number 15 that's circled? DR. BILES: Yeah. MR. MULHERE: Well, that's where the Old Marco Inn is located. DR. BILES: Oh, okay. And I wonder where Lee Avenue -- I've never heard of it. MR. ~: Lee Avenue is the platted name of Barfield -- of Bald Eagle at that location. It's never been changed. DR. BILES: Okay. MR. MULHERE: It goes back to the old Collier City plat. DR. BILES: Are we going to keep that? MR. ~: We -- we're not going to change it. You know, somebody can come in and change it if they want to, but that is the legal platted name of the street. DR. BILES: Oh, for heaven sakes. MS. STUDENT: Mr. Chairman -- CHAIRMAN DAVIS: Miss Student. MS. STUDENT: -- as part of your overall motion on this, I need Page 43 16G 2' April 30, 1997 the board to also make a finding of consistency of these LDR's with the Growth Management Plan. Thank you. CHAIRMAN DAVIS: Okay. Is there anyone else to speak on anything to do with the Marco Island overlay? Is there anyone else here to speak on anything to do with the Land Development Code amendments? With that, I'd ask for a motion, an overall motion, on the Land Development Code amendments with the deletion of anything to do with signs. COMMISSIONER THOMAS: Okay. We'll do that for you and then come back and do the signs. Okay. I would make a -- we'll do the signs first. I'll make a motion -- COMMISSIONER YORK: Do the signs first? COMMISSIONER THOMAS: Yeah. We'll do the signs first. I'll make a motion that we approve the recommendation that were made in here today, the motion I made earlier, as our overall recommendation to the County Commission as it relates to this overlay district as it relates to signs in Marco. MS. S~"~/DENT: And the -- and does that include that that's finding a consistency with the Comp Plan? COMMISSIONER THOMAS: Yes. MS. STUDENT: Thank you. COMMISSIONER 0ATES: Second. CHAIRMJtN DAVIS: Move -- a motion by Mr. Thomas -- COMMISSIONER THOMAS: Wait a minute. It also has my other language where I -- the findings I said about the narrow streets, the close proximity of residents and commercial land and stuff like that. 'COMMISSIONER YORK: This -- this is the same motion we've already voted on. CHAIR/W3%N DAVIS: Yeah. COMMISSIONER THOMAS: Right. We're going to do it again. CHAIRMAN DAVIS: A motion by Mr. Thomas, seconded by Mr Oates. Any discussion on the motion? ' All those in favor, signify by saying aye. Opposed? COMMISSIONER YORK: Nay. CHAIRMAN DAVIS: That passes four to one, Mr. York in opposition and Mr. Davis, abstention. COMMISSIONER THOMAS: I now make a motion that we pass all of the LDC at the time that -- give me that language again, Miss Student. MS. STUDENT: The finding of its consistency with the -- COMMISSIONER THOMAS: With the Growth Management Plan -- MS. STUDENT: -- Growth Management Plan. COMMISSIONER THOMAS: -- subject to all of the amendments being made today. COMMISSIONER OATES: Well, and the amendments we made the other evening, too. COMMISSIONER THOMAS: Yes. All the amendments we made to -- to date in our previous board -- Page 44 16G 2 Agril 30, 1997 COMMISSIONER OATES: To date. COMMISSIONER THOMAS: To date. COMMISSIONER OATES: To date. COMMISSIONER YORK: Fred, let me interruDt you for a minute. My no vote on that last amendment is I'm just being consistent with the vote that I made the last time. CHAIRMAN DAVIS: I -- I expected you to, Mr. York. COMMISSIONER THOMAS: You pointed out that somebody else was not that consistent, right? COMMISSIONER YORK: No, no. CHAIRMAN DAVIS: There's a motion by Mr. Thomas and -- COMMISSIONER OATES: Second. CHAIRMAN DAVIS: -- seconded by Mr. Oates. Is there a discussion on that motion? Hearing none, all those in favor, signify by saying aye. Opposed? That carries ununanimously and that takes care of all our business, doesn't it, Mr. Mulhere? MR. MULHERE: Yes, it does. COMMISSIONER THOMAS: Move we adjourn. COMMISSIONER YORK: Mr. Mulhere -- MR. MULHERE: Yes, sir. COMMISSIONER YORK: -- would you make it a point when you -- when it goes to the -- to the BCC that -- MR. MULHERE: I will. COMMISSIONER YORK: -- you stress the -- MR. MULHERE: I will anyway. They've asked for us to do that by the way. CHAIRMAN DAVIS: We are adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:58 p.m. COLLIER COUNTY PLANNING COMMISSION MICHAEL A. DAVIS, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY: Rose M. Witt, RPR Page 45 M&y 1, 1997 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, May 1, 1997 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building 'F' of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: Michael A. Davis Michael J. Bruet Michael Pedone Donald J. York Edward J. Oates ABSENT: Richard Nelson Gary Wrage Marjorie M. Student, Assistant County Attorney Robert Mulhere, Planning Services Bryan Milk, Current Planning Ron Nino, Planning Services Page 1 · ~S~ON B~G, CO~ ~~,.~ 3301 T~ ~" ~ ~ON ~O DEC~ TO ~P~ A DECISION OF .~' '~..' ,'~'~, :.';.,~TO.-~~O~'~Y~ TO '~S~ e~T ' A ......... ~A~'. ~co~s._~..P~o~gs .!s ~ .~ .............. ~CO~";~CL~SS ~ ~S~O~ "~ ~ ~ ~PE~ IS TO BE B~. - '-'""" '. .... ~ '~~" 0~ ~ ~S~A~ONS B~O~ ~ C~C -.~ BECO~ A P~ P~T OF ~ ~CO~. ~SE ~~S ~ BE AV~~ FOR P~S~A~ON TO ....... ~/.: ...~ ...; ~ ~ .-~...., .~...; :. e:_.. ;..;. ~y~,.5~,. .;. ~, .. ~... .. ~. ~D~,TO~ X~*' "" 3. ~PROV~'0~ ~: N~m~r 19~, ~m~r 1996 ~d ~h ~0, 1997 ,. 6 ssio ...~... Bce ~RT ..... 6. ~S ~RT 7. _.- ~~ P~C ~GS: ' -- .... '(~o~ ~n ~mo) - I1.. AD$OURN 16G 2 May 1, 1997 CHAIRMAN DAVIS: Call this May 1st planning c¢.mmission meeting to order. Begin by calling the role. Mr. Nelson and Mr. Wrage are both out of town and excused. Mr. Budd. COMMISSIONER BUDD: Here. CHAIRMAN DAVIS: Hr. Bruet. COMMISSIONER BRUET: Present. CHAIRMAN DAVIS: Hr. Thomas. COMMISSIONER THOMAS: Here. CHAIRMAN DAVIS: Hr. Davis; here. Hr. York. MR. YORK: Here. CHAIRMAN DAVIS: Hr. Oates. COM~ISSIONER OATES: Here. CHAIRMAN DAVIS: Hr. Pedone. COMMISSIONER PEDONE: Here. CHAIRMAN DAVIS: We have some minutes. COMMISSIONER OATES: Mr. Chairman, I move approval of the March 20th of 1997, and the December 5th, 1996, and the November 21st, 1996 minutes. COMMISSIONER PEDONE: I'll second that. CHAIRMAN DAVIS: Moved by Hr. Oates, seconded by Mr. Pedone. Any discussion? All those in favor signify by saying aye. Opposed? (No response. ) CHAIRMAN DAVIS: That 'carries unanimously. .... Planning commission absences. We kind of went through those last night. COMMISSIONER THOMAS: I don't know that we need to go through them again. CHAIRMAN DAVIS: No, we don't. BCC report, any petitions or anything lately that -- MR. MULHERE: No, there was nothing to report as of yet, but there will be at your next meeting and presumably because we'll be beginning to bring forward the LDC amendments to the board here mid May. CHAIRMAN DAVIS: And possibly some feedback on the growth management plan. MR. MULHERE: Right. CHAIRMAN DAVIS: They've had one hearing so far on the growth management plan? MR. MULHERE: Yeah, they had their -- and it'll now be transmitted to the state and then we'll find out, you know, where the state stands, whether they object or accept the transmittal and then the board will be able to hold subsequent hearings after we hear from the state'and I believe the state has roughly 90 days before transmittal, so. There is one other item that I'll be including in your packets Page 2 16G 2 May 1, 1997 for your next distribution; minutes from your workshop with the board for your review. CHAIRMAN DAVIS: Okay. MR. MULHERE: And maybe we can have some discussion on that at that point in time. CHAIRMAN DAVIS: Yeah, I know there's a note towards the end of our agenda today under old business. MR. MULHERE: Right. CHAIRMAN DAVIS: If anyone has anything to talk about, obviously, we can certainly do it then, which brings us up to our first petition, PUD 92-9(1), Mr. Nino. MR. NIN0: For the record, my name is Ron Nino, planning services. The petition that's before you requests your support to amend the Immokalee Road Center PUD to add an additional use to the existing uses that are now authorized there for the purpose of a fire prevention training and fire public safety facility. The property -- the'Immokalee Road Center property -- this is my -- is located immediately east of Sam's warehouse, which is located at the intersection of Immokalee and Airport Road. The Immokalee Road Center PUD is located -- also located midway between an office building and a convenience gas station on either side of Westview Drive. In terms of contiguous relationships, the Immokalee Road Center PUD lies adjacent to the rear end -- the rear of Lots 1 and 2 that are residentially developed in the -- in that subdivision fronting on Winterview Drive. To the south of the Immokalee Road Center PUD, immediately to the re~r~ ~is a large storage water retention facility that is part of the Sam's development that drains the -- drainage from Sam's discount -- MS. STUDENT: Excuse me. CHAIRMAN DAVIS: Mr. Nino? Please stop for a minute. MS. STUDENT: Were the witnesses sworn for this item? CHAIRMAN DAVIS: Well, we'll swear them when we get ready. Thanks for reminding me, though. MS. STUDENT: Well, Mr. Nino hasn't been sworn. CHAIRM3UN DAVIS: Okay. I'm sorry. Thanks for reminding me. If I could ask the court reporter -- all those people here present today that are going to speak on this issue, please stand, raise your right hands, so that you can be sworn by the court reporter COMMISSIONER THOMAS: And for the record, this is retroactive back to the beginning of Mr. Nino's comments. CHAIRMAN DAVIS: Just this petition The firemen probably need to stand. ' COMMISSIONER THOMAS: One, two, three, four, five, six. (The speakers were sworn.) CHAIRMAN DAVIS: Thank you. Please continue, Mr. Nino. MR. NINO: Immediately to the south of the Immokalee Road Center PUD, as I indicated, is a large water retention. Still be -- then south of that, again, our residential lots that front on Curling Page 3 May 1, 1997 Avenue. There's a church on the corner of Curling Avenue and Airport across from Sam's Discount Center, which incidentally all of this area is part of an activity center, the shopping center on the southwest corner. There's commercial development on the northwest corner. The northeast corner is currently vacant. It's next to a church facility on the north side of Immokalee Road and the canal -- the Immokalee Road canal, and of course, there is a -- that is also an activity center and currently vacant. I think it's important to point out that in the Immokalee Road Center PUD, there is a required preserve area that, at a larger is located ' . . ~n this portion of the Immokalee Road Center PUD. It s about 220 feet ~cale, wide, contiguous to the residential lots that front on Westview Drive -- Winterview Drive, which in themselves are -- are additionally deep lots in that they're 200 feet or more. So for Purposes of -- of relationship of those residential properties to where actual development could possibly occur on the Immokalee Road Center PUD, we have a distance of at least 400 feet. COMMISSION-ER THOMAS: While you're still at the map, please, I'm looking at the map that you have in ou Avenue. I see some property t ~,- ~-~-~ckagesL a~ I see Curlin ~ h~ o ~Unulng on curling Avenue andg then I see some properties that seem to back to those properties that front on Curling Avenue and they front to the Immokalee Road Center; is that correct? Right there. MR. NINO: The lots that front on Curling Avenue back up to the water management facility, which is part of the Sam's development, and then further north of the water retention facility is the part of the Immokalee Road Center pUD. -- ' '-COMMISSIONER THOMAS: Okay. So you've got a large block on the top for the Immokalee Center. MR. NINO: Exactly. COmmISSIONER THOMAS: You have -- it looks like a road or a separation area and then that's the water retention area? MR. NINO: This is the water reten immediately sou~ _~ ..... tion area here .... u~ ~ne ~mmo~a~ee Road Center pUD ~t ~ ~rate Immokalee Road Center pUD from the lot ....... ' P s the ~ una~ =ront o~ Curling Avenue. COMMISSION-ER THOMAS: Okay. I gotcha then. Thank you. MR. NINO: The Immokalee Road Center pUD is authorized for uses that, in our opinion, fall midway between C3 and C4 uses. For example, some of the more notable uses include amusement and recreation services, indoor, you know, talking about bowling alleys and gymnasiums and what have you, home and office supply stores, civic, social and fraternal organizations. Something like a Moose or an Elk's Lodge could very well locate there. Food stores, in other words, a supermarket is a potential use. The health services group, hospitals, medical clinics, major repair services, radio, television repair, electronic, reupholstering furniture, miscellaneous retail groups, including drugstore, liquor store, used merchandise store, sporting goods, books, stationery. There's a -- in other words, this PUD Permits a rather extensive Page 4 16G May 1, 1997 range of commercial activities, which when we compare their type of intensity to the type of intensity reflected by a fire station or a fire training facility or an emergency management depot, in our oDin/on, those uses that are now authorized would generate -- we're strictly talking about traffic, would generate extremely higher levels of average daily traffic than could possibly be generated by a fire station. For example, a shopping center of a hundred thousand -- given the size of this property, we anticipate or calculated that approximately 100 square feet of floor area could be developed on that ro er hunared thousand square fee~ ~ ~ .... . P P ry. A center would -- would generate 7,067 average daily traffic movements a day.' ~ ~ ~zuur area, =or example, as a shopping To give you some comparison of -- are we -- are we, in dealing with this use, and adding to it substantially, changing the potential ~ntensity characteristics of the Immokalee Road Center PUD, the answer is unequivocally no. The petition is deemed consistent with the growth management plan. Obviously, adding a use to the commercial area doesn't change its smooth relationship. The PUD, when it was approved, was approved on the basis that it satisfied the consistency relationships with traffic and open space, all of those things that -- that are applicable. Staff recommends approval of the amendment to the PUD. We didn't see any need to add any additional stipulations, and that ends our report. CHAIRMAN DAVIS: Any questions of Mr Nino? Petitioner like to speak? · -MR. TOBIN: Good morning, gentlemen. I'm James Tobin. I'm the fire chief, North Naples fire rescue district and, you know, I guess very simply, we're excited about being able to find a piece of property that isn't going to have any impact on a neighborhood. We've diligently gone into the neighborhood to speak to the neighbors and speak to the people from Willoughby Acres, Palm River. The different houses and people in the neighborhood are excited that we have Sam's Club on one side and have the retention area in the middle and I think the key here is that the fact that this will generate no noise, it will generate no smoke. It's self-contained, and it will be no impact as far as, you know, traffic. Yes, there will be some fire trucks moving in and out but, you know, once they're in, in the morning, they usually stay there, you know, for the day, go home at night. There will be virtually nothing going on at night, other than we're going to allow this to be used by the community for community events or meetings, their association or different -- Boy Scouts, Girl Scouts, those types of things, that the center will be available to those types of people at night to use, so, and, so, you know, we're excited about it, and I don't want to keep you here for a long time, but if you have any questions, specific questions, I'll be more than glad to answer them for you. Page 5 2 May 1, 1997 MR. NINO: Excuse me, if you're entering into the record exhibits, You need to talk about them. MR. TOBIN: Oh, okay. Thanks. st _.Those~ two exhibits there are -- one is a . I ~;a~tt~nigg center, which i .... rendering of th- classro ..... ~owlng the dif ~ ~ c~ssroom f . . S~_~ ~aClllty there ~ ~erent communit acidity, and When --~n races Immoral^- _~"_~ rear of t~ =~ events~ ~hat's the .... == aOad. -,= ~re statlon. The ~ire In the rear, though, is a training tower fire fighting training, those tYPes of things, th~ building that's completely self-contained, USes the ictual smoke that garden type a .... itions for fir-~: - ~,,u~uuor that will h .... ~u~n conoominium i ..... ~ unere,s a .... ~ucnens and livi,,t_Y~_~ apartment buildin s~mulations for firefighters. .,~ atoms ana those typesgof To the right of the fire station is going to be a park. We're hoping to make this also a fire education center that we -- we have about four or five groups of children a Week come into our stations, so we're hoping to make this an education for children that can come, come to the fire station, have a field day, see how the fire department operates, see how the training operates and also provide an area that they can have a picnic and also the neighborhood,s going to have full access to that park area, too, for Volleyball or basketball, and there,s picnic tables, but the main reason was for children education, so that they could come there on field trips and CHAIRMAN DAVIS: Mr. Bruet? -_ COMMISSIONER BRUET:. bell .... really soli~ ...... --, unat s 1~-~ -~ . Piece .... east of this ~:~uw=n area, and ~-~Y 0£ ~ery nigh MR. TOBIN: Yeah ' ~x~uy, a fire statio~=~= Ks a ~acllity, I , it's about two and COMMISSIONER BRUET: Two a half miles. this facility comes on line? and a half miles away and now MR. TOBIN: Right. -- now COMMISSIONER BRUET: I -- I -- I Would imagine You're paying s°me',~u.~°w' a pretty good fee for this -- for this land? acres 1. B~..Th~ ~ro~e~ty is costi look at it, ~ln~'~ million doll~,,ng ~s, for about 11 and ...... uu right now in n~ ~,~_?uess, dependin~-~2 --~ ~ ~es ~ ._ _ ~ ~ yOU really not that expensive, as I see how lots go and We've been diligently P f- =~ acre of land is last three years in this area. We have a concern, especially on the -- diligently looking at Property goes Property for ~he fire station side of our response times into that area. We see, and You know better that W~'re starting to see there than I do, gentlemen, that the whlc~ Ks ~wo and a half miles east on the otb see KS go~ng to be the is phenomenal, and our station growth station wil~ --- growth, we ..... er side of ~--= _42, continu, ,~ ~e~er respond w=-- ~= oeen told ha, d .... ~_~ '~, what we ...... · t Will be s~~nce it's buil~ou~=~r~ that that -- we were talking to some people about about what was happening .... · u out to the east~-2_~~= wxl~ just -- ~u, yOU FdTOW, we Page 6 16G 2 May 1, 1997 over there, and we've been told that when Livingston Road goes through, there's a possibility of having another 110,000 people in that area, you know. So we need to -- there's a big distance between our station 42 and 43. You're talking eight -- eight miles. Eight miles. If 42's out on a call, we've got some major distances to cover, and there's a large group of individuals, which I must say that we have letters from all the associations in that area in full support of this training facility and fire station. COMMISSIONER BRUET: Have you had like an appraisal done and ~- as to land values and what it's worth and like that? MR. TOBIN: No, we have not. CHAIRMAN DAVIS: Mr. Thomas? COMMISSIONER THOMAS: Can we move on? I think it's a wonderful project, but can we move on? COMMISSIONER BRUET: You also, in this , ~raffic information or, vo,, ~- ...... you don t ro ' here, the w .... =~ J ~ ~,vw, cnls is v~w, ~,.~ ~, ~? vide any like to kno~%..,~s.~as_presented. We have'iiJ-Y~~ u~ cne ordinary .... =~ & m looking at and · ~:_~u~f~ce.p~ans. I'd just COMMISSIONER THOMAS: There's a site plan wait a minute, wait · ~z~ cnls lS very vague. a minute, Ron .... MR. NINO: I find difficulty with that statement because we're simply adding a use to the PUD, and relatively minor amendment to a PUD normally when we're making such a there's no need to do a traffic analysis. I've already indicated to like adding to the list of uses, you verbally that the uses that are now in this pUD generate ten-fold the number of vehicle trips that could possibly be generated by a fire station. .... COMMISSIONER BRUET: He just cited ~ quite few activities there more than what m got f a ~ ~ Why I was ...... rom what you said, so I think x Know that's why I was asking that question. He was talking some daily activities there as opposed to just a -- COMMISSIONER THOMAS: Even with daily activities __ MR. NINO: That's not what we'r . · · with a fire station, a f~ ....... e_deallng with. We' e dea ' they extend those am,,~ ~ra~lng ~acility, and h, ~ .... ~lng . ~,,~u~= ~o the cormuuni~v ~, ~__~?- ~=~=e =o whic~ functions that you could find at the church, you could find at any -= ~ ~=z~e are accessory place of business that decides to -- to extend their property to those Uses. We can't assume that they're automatically going to happen as well, but we're dealing primarily with the fire training facility. COMMISSIONER THOMAS: But even if the fire training facility was in full operation, even if they had three or four groups of kids, school kids there every day, that will not generate the traffic that you would have of a hundred thousand square foot shopping mall.It won't happen. MR. NINO: Without a question, without a doubt. MR. TOBIN: You won't even -- you won't even see the facility in the rear here, and yes, we are talking about some buses and -- but, you know, maybe -- not that much traffic. Page 7 16G 2 May 1, 1997 MR. NINO: Commissioner Bluet, I -~ I should add that we would not normally expect a master plan when one adds a use to the uses -- list of uses. You appreciate that -- that before a building Permit can be issued, a site development Plan must be approved and at that point in time, of course, we're dealing then with the location of driveways and where the parking lot is oriented and just a reflection, the site plan that's __ that preferable to h ...... was displayed th ....... you know, on =v= unat parking lot. f~ ___~e, it might be the property to provide even additional buffer from -- for many -- the · ~- =A~mp~e, on the east side of nearest residential area, but that's something that we would talk about at the site development plan meeting. COMMISSIONER THOMAS: Well, wait a minute about those two items so thew ,i- = .... -. You asked him to talk then that that site plan over here is the site plan they're going to ~ ~- ~ put into the record. I assume actually use. MR. NINO: Not necessarily. Not exactly as it's shown here COMMISSIONER THOMAS: I m talk' MR. NINO. Not e lng about this ' administrat~,,i~ ~ .xact~y as it's show~ ,~,-_ ~ne over here. ~=~y ueal with so ,,~___"".~-=~=. ~e can me ~=~=nce in the site plan. b What we're dealing with there is the fact that there's uildings and a -- three build' of the open space . lngs, basicall , a . __ ~wo . areas, but c~-~-:-, Y nd the around little ..... uu~u move those buildings MR. TOBIN: What you're looking at there now is that parking lot butts up against the Sam's parking lot and then what we've -_ we've really been trying to be very considerate of the neighborhood in leaving the -- the buffer of the trees and the grass and the wetlands and those tYPes of things towards the neighborhood and keep the any of the parking lot type things next to whatever already is a parking lot. __ COMMISSIONER THOMAS: That makes a lot of sense to me, Mr. Nino, when you administratively deal with it -- MR. NINO: We may not necessarily do that. It's a reflection of one of the things that might be -- CHAIRMAN DAVIS: One might also argue, Mr. Thomas, that by moving the buildings to that end of the property, the buildings tend to break up the sea of parking. Chief, if I could ask you a question. COMMISSIONER THOMAS: A what of parking? CHAIRMAN DAVIS: A sea of parking by putting the building in there. Nice little phrase. up. COMMISSIONER THOMAS: You'll never see that parking lot filled CHAIPd~AN DAVIS: SC ~.~und~stand it, is strictly for the North Naples F t sense -- are we going to see half a dozen of these in our county? .... ~u~ i m just trying to get a MR. TOBIN: No, I don't believe you are We've been workin hard. We have a unanimous vote of s ......' .g very Fire Chiefs Association. We've been working with the Sheriff,s uppor~ from t~e Collier County Page 8 16G 2 May 1, 1997 Department, EMS. We've been working with the City of Naples. We're going to try to provide some joint traini:lg between all the agencies so that the day the hurricane hits or the day we get a really bad tornado or bad storm that, when each one of us have to now either respond to different communities, that all of us are working together, training together, understanding each other's equipment, understanding roles and responsibilities, having roles as to who's in command, who has, you know -- how the whole system works, and quite honestly, that's not happening. It doesn't happen. And yes, as North Naples continues to grow, we felt, as we went from two stations to four stations, and we're possibly looking at eight stations here in the future, the North Naples Fire Department needed to have a training facility to keep up with federal mandates state mandates, National Fire Protection Association mandates on training. ' See, we've become no different than engineers, doctors, lawyers, you know. I have to go away for two weeks in June. I have to keep up my certifications. The assistant chief, the training officer, all of us. We have two people up in Sarasota today doing training. So we want to bring some of that back home, but we also want to be able to bring all our neighbors together from Immokalee to Big Corkscrew to East Naples to Ochopee to the city to Isle of Capri, all of us working together at this facility to have a cohesive emergency response group. CHAIRMAN DAVIS: That's a nice intent for us to have on the record. COMMISSIONER OATES: F~r. · . consider having -- now having ~h~__r~_~:_l~ %i~u of that, maybe they'd - ~ ~unso~laa~ea ~ire district. 'COMMISSIONER THOMAS: Excuse me, excuse me, excuse me. CHAIRMAN DAVIS: That's a different issue. COMMISSIONER THOMAS: I like consolidated training, period. CHAIRMAN DAVIS: Okay. Any other questions of the petitioner? Is there anyone -- thank you, Chief. Anyone here from the public to speak on this issue today? Seeing none, I'll close the public hearing. COMMISSIONER THOMAS: I'd like to make a motion that we recommend for approval, PUD 92-9(1) and give special recognition to the fire department for being progressive and being able to find that lot and making such a, potentially, a tremendous community facility. Thank you. COMMISSIONER PEDONE: Second. CHAIRMAN DAVIS: Motion by Mr. Thomas, second by Mr Pedone. Discussion? . All those in favor? Opposed. (No response) CHAIRMAN DAVIS: Carries unanimously Strand. · PUD 96-11(1), Pelican MR. NINO: Do you want to take those exhibits with you? Make sure you bring them back to the board meeting. Page 9 May 1, 1997 MR. TOBIN: Yes. COMMISSIONER THOMAS: Wait a minute. Wait a minute. time.Mr· Nino, you normally require they turn them over to you at this MR. NINO: I'd rather they carry them. CHAIRMAN DAVIS: I'd ask all those present today that are going to speak on this petition to please rise, raise your right hand. ask the court reporter to swear you in. I'll (The speakers were sworn.) CHAIRMAN DAVIS: Thank you. COMMISSIONER THOMAS: That includes you too Ron. MR. NINO: I had my hand up. ' COMMISSIONER THOMAS: Okay. MR. NINO: The petition that's ~ ~ ~ before you, you hopefully will ~a 1 a sho~t while ago, e ~xpand its area from the petition was the -- the PUD 200 acres to 575 acres. An additional 375 acres of land was added to the Pelican Strand PUD, used to be the Regency Village of Naples PUD, and at that time, in order -- in order to get started with some development on the -- of the property and in order to not -- in order to give themselves a window to get started, they no development __ no additional development in terms of density housing units was allotted to the 375 acres. The master plan simply identified it as areas of future development. Now, they fully, of course, expected to the board to amend the p~ ~-~ ~ _ . . come back to yo ~w ~,~ ~o oDV1oUsiy use ~ ~--~ ,_ u and to urban -- for some allowable uses other than open space. -,.~ ~=nu =or some T~ls Petition now basically does one thing It takes th authorized number of dwelling units of 680 a-~ ' - e square' feet In so doing -- in so doing, the density -_ the density · n~ expands them to 1,200 of this project -_ COMMISSION-ER OATES: Pardon me, not square feet. MR. NINO: Dwelling units, thank you. The dwelling units -- it also changes the mix of commercial uses, but does not increase the total area otherwise authorized by the current development order. There's still going -- there,s 120 000 square feet of authorized retail space. This PUD maintains the 120,000 square feet. ' There is now authorized 40,000 square feet. This pud intends to increase that to 80,000 square feet. However, there's also authorized, currently, a 260 room hotel and they will conversely reduce that to 140 rooms, thereby, for all maintaining the same development intensity practical purposes, in terms of impact. The puD, even after the amendment, will have a density of 2.2 dwelling ~its per acre. The amount of dwelling units otherwise authorized for a P -- for a land area of this size, given its location as part of an activity center and within an activity band, would otherwise qualify -_ I don't have that number here, but I believe it's in excess of 2,000 units, so t , rating system in the f ....... h~y re well below what the FLUE density on this property. ~=u~= aanG use element would otherwise authorize Page 10 16B 2. May 1, 1997 What the petitioner decided to do in -- in responding to additional development rights, as a result of the additional land that they added, was to redo the PUD, and so you're -_ what you see here is a pUD, a pUD that is formatted substantially in a different manner than the current pUD. However, all of the same requirements of that p -- of the existing PUD are in the current puD with some modifications. One of the modifications is the table of development standards. The table of development standards in this pUD is a little different than the one that's in the current PUD. However, that table of development standards is, for all practical purl~oses, the same table of development standards that you'll find in a half a dozen other PUDs in Collier County, including Pelican Marsh and several of the more recent PUPs. Actually, we find that the a -- a model puD that our officef~rmatted.PUD is ~ore consistent with development community in which we ask them to -- to adhere to that format, has published, distributed to the There is one area, however, where we have a problem, and Mr. Kant's going to help me. I've asked Ray Bellows to be here, but don't see Ray. We're going to have a problem on Immokalee Road in terms of meeting it~level of service Words, in une year 1999, the requirement by the year 1999. level of service on Immokalee In other segments, both east and west of 1-75, is going to fall below acceptable levels of service. Road in two That -- only the section east of 1-75 is scheduled to. four lanes from 1-75 to 951 How ~heduled until the yea ..... ' ever, that se ..... for widening ~nat-se~,,~ ~_ ~ J ~ zuuu, an~ ~,.~, ~ .... ~,=n~ is not ....... ~ =u De consistent wit C~..=.ty= =nat schedule __ even for circulation element, it Would have to be a committed improvement in .... =uuure -- with the traffic 1999 when Immokalee Road, so to speak, develops a problem. The Portion lying east -- west of 1-75 is not scheduled for six laning, and that's -_ that section, according to our NPO planners, will also have a level of service problem. Now, what we do in Conditions __ in circumstances of that nature, is we phase development the level of service is not degraded as units-com~ on -- · We recommend phasinc th- development so that degraded as units come on board, further This PUD is vested f . ~PUlate tha~ ~ H---T~=~, une addit4~__~ _,s'..f~ere's nothin~ ~ unose units could ~-- ~A~A ~we~llng units .... · ~u come on ~-~ _.. · of immokalee Road, both east and west of 1-75, is included in a capital imDrovement program. It -~=~u until the widening · ' . doesn,t have to be done· . Traffic circulation element says that if it's a committed ~mprovement, then development can exceed the level of service for a period -_ for a window of, I believe it's two years, three years -- for a level of three years, so in other words, the road can go all to pot for a period of three years. COMMISSIONER OATES: Mr. Nino, I shouldn,t think that the developer would have any problem with that. They're not going to sell · Page 11 May 1, 1997 680 units between now and 1999, so I don't think there would be any problem with a stipulation of that sort. Would anybody else? COMMISSIONER THOMAS: No, I -- CHAIRMAN DAVIS: Not having heard from them yet -- MR. NINO: We would propose adding that stipulation. COMMISSIONER OATES: That's selling 55 percent of the -- this thing out in two years, and that's just not going to happen. MR. NINO: Well, there may be some concern about that from the developer,s part. COMMISSIONER THOMAS: I have a question. CHAIRMAN DAVIS: Mr. Nino -- of Mr. Nino? COMMISSIONER THOMAS: Yes. CHAIRMAN DAVIS: Go ahead. COMMISSIONER THOMAS: Unless mY memory is getting out of whack and as I get older, I know my memo f · ut within the last si _ ry ~ls me, this petition c x months, and a ame to what happened in th ......... s. I remember it, I didn't o)~u~W have come to us all at one time. I'm trying to figure out why we -- ~ ~ -- wxunln the past six months that c dn't because I remember when we dealt with this, we dealt with it pretty quickly because it was no impact, it was just adding land into a PUD. MR. NINO: It was vested. It was vested by virtue of the DRI status at 680 units, so there really wasn't anything to talk about in terms of its impact on -- on traffic levels of service. we're now dealing -_ However, COMMISSIONER THOMAS: But what has happened between now and today? MR. NINO: No. COMMISSIONER THOMAS: Between then and now. -MR. NINO: No, no. No, we had nothing to talk about then because the 680 -- they weren't increasing any -- they weren't changing the number of dwelling units. COMMISSIONER THOMAS: That's exactly my point. We just saw this. They didn't change the number of dwelling units. We added some parcels to the -- some land to the thing. Why couldn,t we have done that all at one time, like today? MR. NINO:~_T~y.d~dn,t __ they didn't -- you know, they just didn't ask to uo gnat because it would immediately put them into the DRI review process. Now, let me add, this PUD is in the -- the development order or the DRI is also an ongoing petition. I need to say that, under normal circumstances, at least the way we operate, not normal -- the way we have generally operated, the PUD and the DRI are dealt with concurrently. This petitioner has indicated a desire to have the pUD dealt with reflecting the higher threshold prior to the development order being dealt with, and in response to that, Miss Student and I have done some inquiry and there -- maybe Miss Student would like to speak to that. MS. STUDENT: I'll be happy to address that. I understand Mr. Nino talked to the region and they had no problem with it. I talked David Jordan, who's the DRI attorney at the Page 12 May 1, 1997 D.C.A. They do not care for it, but there's nothin~ in the law that says that they can't -- absolutely cannot go together. It's encouraged or preferred or I think the law says whenever possible, so what we would want to do is to add a stipulation that just bY virtue of obtaining necessarily vested for that the~e additional units, that they're not -- ~or those additional units in any sense for when that sUbsecfuent DRI comes through, if the state or region should have a problem with those units and require an additional PUD amendment that may in some way modify that. COMMISSIONER THOMAS: Let me -- maybe another question that I could ask to help me out. Before that additional parcel of land was added, would this have been a DRI? HR. NINO: It was a DRI. COMMISSIONER THOMAS: It was a DRI. MS. STUDENT: And it still is a DRI. MR. MULHERE: Perhaps it would help if -- this was a DRI because when it was approved, it was approved at a different threshold than the one currently with the review for the DRI. That 680 dwelling units apparently met the threshold for a DRI when it was originally approved. It used to be called Regency Villaqe. COMMISSIONER THOMAS: Right. HR. MULHERE: When the applicant asked us to carry forward this PUD amendment to increase the density to 1,200 units, we said, well, that's going to achieve -_ you're going to now be into the DR/ threshold, they indicated, well, we want to amend the PUD. We recognize that we still have to emend the development order. We want to do this first. We'll come back and do that. .... ~enerally, they're done together. When we did our research and looked, there was nothing that necessarily would prohibit them from doing that. Therefore, we called the region and we called the state, and as Miss Student indicated, there is nothing to prohibit them from doing this, but we felt a little bit more comfortable if we stipulated or put a stipulation in that said if we approve this pUD amendment, there's nothing that's going to vest those units from anything that might come about during the DRI review process, and I think Ron's about ready to read -- MS. STUDENT: And there may be some additional -_ because tYpically when you go through a DR~ amendment, they may put some additional traffic mitigation requlrements on Immokalee Road, because of the DRI process as well, so I mean, that's something that we could look for, a possible amendment on it too. COMMISSIONER THOMAS: I just want to know one thing. You haven't answered my question yet. I want to know why the additional 520 units and the additional 40,000 square feet of office space was not brought to us when we added the land. MR. M ULHERE: Because the applicant didn't bring it to us. MIR. NINO: Didn't want to do it. They wanted to start develop~nen= on the property, and if they had done that, they would not Page 13 16G May 1, 1997 have been able to initiate any development. COMMISSIONER THOMAS: Because of the level of service problems? MR. NINO: No, no, no, because it's a DRI -- because of its DRI relationship. Now, this PUD does have a provision of page one three -- COMMISSIONER OATES: Mr. Chairman, excus · , about they're not -oin ..... e me, if you re talkin~ ~ ~ co ge: their DRI approved necessarily, and - they already understand that, or at least I think they do, doesn't tha? completely ellmlnate the problem of the additional 520 units coming on line until that's been approved by the DRI? MR. MULHERE: Yes, that's correct. I don't think we said they weren't going to get it approved. What we said was -- COMMISSIONER OATES: No, I didn't say that. MR. MULHERE: -- there may be additional stipulations as a result of that, and yes, that does prohibit those coming on line until they come -- MR. NINO: And we have a stipulation to that effect, page one three of the PUD document. It says any development threshold exceeding those authorized under ordinance number 96-65, which is the current PUD, may not be constructed prior to approval of an amendment to. t~? P~lican Strand DRI development order 96-3, resolution es:aDlisning density consistent with those of this PUD. 96-484, COMMISSIONER THOMAS: That's at page what of the -- MR. NINO: Page one three. MS. STUDENT: And Mr. Chairman, that's where we'd be adding the language too, probably, on it -- as to the vesting language. That's probably where that would be added, because I have not had the revised DRI come across my desk until, I understand, either late yesterday or this]morning when I wasn't -- when I'd already left development servmces to prepare -- come here last night, so that's why we put it in. MR. NINO: So in conclusion, let me say that the PUD is consistent with the future land use element and all elements of the growth management plan, with the exception of the traffic circulation element and we believe that that can be addressed by adding the stipulation that we identify in our staff report, which is not currently in the PUD document that you have. CHAIRMAN DAVIS: Okay. Any questions of Mr Nino? Petitioner? · MS. BISHOP: For the record, Karen Bishop, speaking for the petitioner. I have nothing to add to Ron's. If you want to ask me the question that you were asking him, I'll be glad to try to answer it for you about the timing. Last year, when they came and added the extra land, the sole purpose of that time was to get started on the golf course early. We had not -- the consultant, Bill Vines who's doing the DRI, they had not completed enough of the information to prepare the application for the DRI, so we didn't want to jump ahead until we had all of our traffic impact studies done and all of our environmental work and everything else, so that was -- last year was strictly to add Page 14 May 1, 1997 the golf course, to get started on the golf course. MR. NINO: As a matter of fact, I specifically recall -- COM~ISSIONER THOMAS: I remember a discussion about the -- MR. NINO: -- you and the board that you might very well expect them to come back within six months with an amended PUD. COM/~ISSIONER THOMAS: I remember you talking about the golf course. CHAIRMAN DAVIS: Okay. COMmiSSIONER THOMAS: It just seemed like it just happened just yesterday. CHAIRMAN DAVIS: Okay. Any questions of the petitioner's representative? Thank you. Anyone else to speak on this? Close the public hearing. COMMISSIONER YORK: Mr. Chairman? CHAIRMAN DAVIS: Mr. York. COMMISSIONER YORK: I would make a motion that we forward pUD 96-11(1) to the Board of County Commissioners with a recommendation for approval. COMMISSIONER OATES: Are you going to put his stipulation -- COMMISSIONER YORK: With the stipulation on the road, yes MR. NINO: Will you also -- ' MS. STUDENT: How about the stipulation on the vesting -- MR. NINO: Would you also acknowledge that the attorney's office needs to do some house cleaning? MS. STUDENT: Including a stipulation on the vesting and the subsequent DRI. COMMISSIONER 0ATES: Yes, second. -'-CHAIRMAN DAVIS: Okay. So the motion includes a stipulation that the County Attorney's Office is going to work on the vesting issue, includes a stipulation about phasing with the availability of level of service on the roads and includes the -- MR. NINO: Minor housekeeping. CHAIRMAN DAVIS: All right. Okay. So we're all clear on it. AnY discussion on that motion? All those in favor signify by saying aye Opposed? ' (No response) CHAIRMAN DAVIS: Carries unanimously, which brings us to CU 8967-7. COMMISSIONER YORK: Mr. Chairman, if I may, after discussion with the county attorney, one of the people here to speak against this petition is a valued customer of my bank and in order not to give any appearance of impropriety, I'm going to recuse myself from this petition. CHAIRMAN DAVIS: Okay. COMMISSIONER THOMAS: I would like to declare that I had discussion prior to this meeting with one of the people who opposed this development. CHAIRM3%N DAVIS: AnY other disclosures? Page 15 May 1, 1997 O~ay. Well, still, we're in good shape with a quorum. I'll it 'b r~,...a~L_I have some comments to make, but g SWu~n. CHAIRMAN DAVIS: Okay. I'd ask all those present here today that are going to speak on this petition to please rise and raise your right hands so that the court reporter may swear you in (The speakers were sworn.) · CHAIRMAN DAVIS: Thank you. MR. MULHERE: Mr. Chairman, commission members, this -- this petition is advertised, as the applicant has indicated on the application, is the Marco Marriott Hotel and the resolution in the advertising references Paul Whitten of Pantropic Power Products representing the Marriott, and in fact, the -- the conditional ~s~n~it '' for improvements on the Marriott property so, I mean, that is correct but on their property, and you know, Lee County Electric is not sis buying the property, but they are representing the Marriott the use there. ~ in not purchasing t ?~ver, as. we understand it toda . . placing · maybe that can De cleared u~ ~- -= .... .~ua~= report suggests, and ~ w~ une applicant. Apparently, Lee County is purchasing these generators and these generators will supplement power during brown-outs and blackouts and power shortage periods for the Marriott, which is the single largest user, which will allow Lee County Electric to provide additional power to the rest of the island. So there is a mutual benefit there. I'm not ' the details of it, but I did indicate th~- ? ........ going to get into the staff report was - was potentially incorrect in that the staff _ -- ~ -uu~u pu~ on the record report indicates that Marriott is purchasing these units. ' '-We haven't really gotten anything in writing or official, but that's the way I understand it today, so I'm going to let Bryan proceed. CHAIRMAN DAVIS: Okay. Thank you. Mr. Milk? MR. MILK: Good morning, Commissioners. For the record, my name is Bryan Milk. I'm presenting petition CU-97-7. Petitioner is requesting a conditional use in order to locate two standby generators at the Marco Marriott Hotel on Marco Island. The proposed generators will be located adjacent to the existing chiller building, which is a facility for the air conditioning system facility for the Marriott Hotel. That chiller building exists ~m~_i~a~on o~ Lots 1 throuch 7 _~ Lot. 6. Lot 6 is a lot which ~ · ~nrough 3. th- ..... ~ , ~urre~tly owned ~, ~ .... -- is a ...... = ~ ~n existin~ ~,--:_ - V~_~= narrlott. On _m~_~nt~i~d and managed by the M~w~^~,~=~=~x~ court facility owned and =n existing parking lot for ~ -i~uu' On lots 4 through 7 .,. 's ---~ . , there s =ne Marriott ~paoyees an~ its guests. The building is located on Lot 6. One of the proposed generators will be located to the west end of the building. The other at the northwest corner. The petitioner proposes to construct a 13.7 foot wall around the generators which would be aggregated to the existing building. The Page 16 16G 2 May 1, 1997 wall will architecturally be designed to fit the existing architectural finish on the building. On the inside of the wall will be designed with acoustical blocks for noise and vibration attenuation. , it North of the Lot 7 is an existing condominium project zoned RT. To the east, abutting the parking lot, is a platted single family residential neighborhood. There are a number of houses in this particular area. One in particular is Mr. Ross, who abuts the property. He's approximately 140, 150 feet away from the closest generator. Immediately south, again, are the tennis court facility and to the west is Collier Boulevard and the Marriott itself. COM/~ISSIONER THOMAS: I may have missed something. You're saying these units are going to be put on Lot 6? MR. MILK: That's correct. COMMISSIONER THOMAS: So there's actually two lots; one that's on Ironwood, the other one is on South Flamingo Circle, that actually back up to these facilities? MR. MILK: Well, there's a number of lots. In particular, the cul-de-sac on Ironwood would basically align with the existing chiller building and further west of that would be the proposed location of the generators, so Dolphin Court, Ironwood and Flamingo would basically be the most impacted with the generators as proposed. The closest property, in this case,,~ Mr. Ross' property, at the end of Ironwood on those two cul-de-sac xous. He owns two lots there. COMMISSIONER THOMAS: So he owns two lots there? MR. MILK: Correct. He has a house, swimming pool and tennis court facility on those properties. .... Adjacent to that is a fence was constructed, it's a wooden fence, approximately s/.x foot in height, that borders his property and the Marriott. COMMISSIONER THOMAS: And you said that it was a hundred feet from the chillers? MR. MILK: No, the edge of the -- the proposed generator is approximately 140 feet away from the property line COMMISSIONER THOMAS: Okay. · MR. MILK: Mr. Ross' house is approximately 15 feet from that property boundary, so approximately 155 feet away would be the eastern edge of the Ross' property. He's got a two story house, basically, facing that direction. It faces kind of north and south. COMMISSIONER THOMAS: Okay. So on this map here, his property is located right over here? MR. MILK: That's correct. That's exactly correct. COMMISSIONER THOMAS: Okay. MR. MILK: Staff has received approximately 40 phone calls in opposition. The packet that I had passed out was the letters of opposition thus far. The letter explain the o~erat~ .... on the top is from RWA, which would ~ ~unal characteristics of the proposed generators during the course of a day. Staff is recommending conditional approval subject to the Page 17 16G 2' May 1, 1997 stipulations found in the resolution of adoption. If I can answer any questions at this time, I'd be happy to do SO. CHAIRMAN DAVIS: Mr. Milk, this tod letter from RWA, it also appears to ask for a change in one of the stipulations, hours of operation, am I incorrect about that? MR. MILK: That's correct. CHAIRMAN DAVIS: So you still stand by your staff report? MR. MILK: That's correct. CHAIRMAN DAVIS: Okay. Thank you. Mr. Oates, do you have any questions? Anyone else have a question of Mr. Milk? MR. MULHERE: Just one additional item. The hours of operation, I think that the staff is recommending, is seven to -- MR. MILK: Seven to seven. MR. MULHE~: Seven to seven, however, no more than six hours in any given day. MR. MILK: Five hours. MR. M ULHERE: Five hours. Seven to seven, however, no more than five hours. COMMISSIONER THOMAS: And this is seven to eight, no more than six hours in any one day? MR. MILK: That's correct. COMMISSIONER THOMAS: So yours is more restrictive? MR. MILK: Ours is more restrictive and I -- I think it's more restrictive because this is a learning process for staff. It's brand new to the area. This is probably the first of its kind in Collier County. I"m not quite sure how these operate technically and for the duration. I understand that they want to supplement the power during high peak usage hours and power outages. We tried to provide a time frame which would be the least amount of impact to the neighborhood, however, give those folks the ability to run the Generators during the course of a normal day during its peak usage. AGain, I can't say that that's something that is wrong or right, but it's something we thought would be the least impact on the neighborhoods. CHAIRMAN DAVIS: Mr. Milk, do you have an opinion as to whether or not the new generators proposed will be noisier or quieter than what currently exists? M~. MILK: The current Generators are actually existing on the site. The Generators operate at approximately 72 DBA's at 1,800 RPM's. 72 DBA's is quite noisy. The normal operating levels of the noise ordinance provides for 60 DBA's at the subject property line, which is between the residential-tourist use and the residential neighborhood. That is, quite frankly, an additional noise level that is obvious to the ear. You can definitely hear that. Also, there's stacks of exhaust which emit diesel fume or smoke at the top of the Generators that is a concern, and I'm not sure if they're Going to modify that or leave it as is, but quite frankly, Page 18 16G 2 . May 1, 1997 that does emit exhaust upward into the atmosphere. CHAIRMAN DAVIS: So we're looking for a 60 at the property line by our noise -- MR. MILK: We're looking at from seven a.m. to ten p.m. the noise ordinance 93-77 says that you cannot exceed 60 DBA. From ten p.m. to 6:59 a.m., it needs to be it needs to drop to 55. M~. MULR~RE: But since these would not run, according to our stipulation, we were talking 60. COMMISSIONER THOMAS: Even if they have a power outage at night, these would not run. MR. MUL/TERE: That's right. MR. MILK: No, that's incorrect. If there's a power outage on the island, then they would be allowed to come on line. MR. MULHERE: In an emergency? MR. MILK: In an emergency case and not exceed the noise decibel of 55 though. COMMISSIONER THOMAS: But at night they still can't -- MR. MILK: Exceed 55 during the course of the evening in an emergency purpose. COMMISSIONER THOMAS: So that they've got to have baffles or whatever on it to be lower than the night ordinance so whenever they click it on, they won't -- okay. MR. MILK: That's correct. COMMISSIONER THOMAS: Am I -- I'm sure -- do you understand what I'm saying? MR. MILK: Definitely. In other words -- COMMISSIONER THOMAS: In other words, so we're not dealing with 60, we're dealing with 55? .... MR. MILK: That's correct, during the evening hours in an emergency purpose. COMMISSIONER THOMAS: But the point is, even in the evening hours, in an emergency purpose, that they can't exceed 55, then they shouldn't be able to exceed 55 all day long, unless there's some technology that can put it on in the daytime and different at night? MR. MILK: I agree with that, and I think you're going to hear the petitioner say that with the location next to the building, the architectural wall, the sound acoustical blocks, that they shouldn't exceed the 55. MR. MULHERE: There is just one more, I think, stipulation that is worth expressing on the record and that is that, you know, as we discussed it, we thought that we probably needed to bring this back after a period of time, maybe after a year to monitor adherence to the stipulations and to determine whether or not there were any problen~ that really were not addressed up front, just as Bryan said. So we have a stipulation here that says it will be brought back to the board after one year to evaluate the generator usage in compliance with the above measures. MR. MILK: And the amount of time that it's operated through that year. COMMISSIONER THOMAS: The other question I have is this, there's Page 19 16G 2. May 1, 1997 a total difference between noise and vibration. MR. MULHERE: That's correct. COMMISSIONER THOMAS: And we're talking about some monster generators that might be quieted, but they're still going to vibrate. MR. MILK: There's that potential and exhaust fume potential. There's three concerns here; the vibration, the noise and the odor. COMMISSIONER BRUET: Bryan, you talked about the existing generators. Where are they in relationship to these? MR. MILK: Currently, as you look at that site plan, they're on the east and northeast -- actually, they're the -- MR. MULHERE: Let me -- may I just clarify~ I think we're a little confused. · The existing generators are the proposed generators. There are generators on site, they're the same ones we're talking about relocating. MR. MILK: That's correct. COMMISSIONER BRUET: Oh, okay. MR. MILK: What had happened -- COMMISSIONER THOMAS: Say that again. MR. MILK: Quite frankly, what had happened, is there are two generators that are on the subject property. They're located -- COMMISSIONER THOMAS: The generators are working now? MR. MULHERE: They were working. MR. MILK: They're on the site. They were working. They were red-tagged and they're not working today, but they're still on the site. COMMISSIONER THOMAS: Let me translate that to what I think you're saying. They put those generators in there without the proper authmrization? MR. MULHERE: That's correct. COMMISSIONER THOMAS: And they got red-tagged? MR. MULHERE: That's correct. UNIDENTIFIED VOICE: That's what we're angry about. COMMISSIONER THOMAS: Why didn't you say that in the first place? COMMISSIONER BRUET: You got to tell us about those things, fellows. You got to tell us that. CHAIRMAN DAVIS: Okay. Any other questions of -- COMMISSIONER BRUET: I'm not sure I got my question answered. Where are the generators today in relationship to this location? MR. MILK: Where that building is on that site plan on the east end of the building there currently are two generators that are operational at this point, approximately 40 feet -- COMMISSIONER THOMAS: This line here, that's the building you're talking about? There's that big map under there. That's the same one. Can you point us to where they are now? MR. MILK: Currently, the existing chiller building is this rectangular dashed line. COMMISSIONER THOMAS: Okay. MR. MILK: At this point today, there's two generators, the same generators that exist, hooked up, operational right here, Page 20 May 1, 1997 approximately 40 feet from this property line. COMMISSIONER THOMAS: Okay. MR. MILK: Mr. Ross called the county and complained about the noise and the vibration of the operation of these generators. Staff went out there on three separate occasions to measure the DBA readings of the noise that's produced by these generators. Quite frankly, had readings of 75, 73 and 72, well over the threshold of the noise ordinance. COM~IS$IONER THOMAS: Right. MR. MILK: Also what was outstanding is there was vibrations that were severe, not only in the surrounding area but in the Ross' house, because I personally went inside the house and the walls were shaking during the operation of that function of the generator being on. Now, to mitigate all that, they want to move the generators over in this corner, build a wall with block and sound acoustical interior to mitigate that noise and vibration and operation of the facility. COMMISSIONER THOMAS: But I mean, I'm not an engineer, but I'm in the building business. Wouldn't they have to put a dirt mote completely around the concrete pad on which these things are sitting in order to reduce the vibration? MR. MILK: I would think they'd have to engineer some type of foundation that would prevent vibration to the surrounding area, yes, sir. MR. MULHERE: Let me just add, I mean, I apologize. I don't think it was our intent to not let you know the full history, but sometimes, you know, we've been working on these things for months, you know, we kind of think like maybe you've been working on it too, So let me just say that there was a building permit pulled and my recollection is that the -- when we got the code enforcement case and they came down to the planning department, my recollection was that there was a building permit pulled, an express permit for $1,000 worth of electrical work to locate these generators over there, and obviously when they were red-tagged that got the attention of Lee County Electric, Pantropic Power and the Marriott Corporation, so that's why we're here today. COMI~ISSIONER THOMAS: You said that Lee County Electric owns these generators? MR. MULHERE: To my knowledge, they do, or they will be purchasing them, if they haven't already, from Pantropic Power, because they'll be supplementing, during those periods, Lee County's ability to provide -- COMMISSIONER THOMAS: And this supplementation of power is only for the Marriott, not for any of the surrounding residences? MR. MULHERE: Well, in a sense, but the way I understand it, yes, they will be supplementing power to the Marriott, which is the largest single power user on the island. By doing so, that will allow them to divert or provide power to other -- because they're supplementing the Marriott's power, there will be less of a drain on the system. That's the way I understand it. That question is probably better directed towards, you know, somebody -- Page 21 May 1, 1997 COMMISSIONER BRUET: B~tan, are the generators, where they sit now, do they have a wall around them, are they set up as the proposed design is or are they just sort of sitting out -- MR. MILK: They're presently sitting on a concrete pad approximately 12 inches in thickness. COMMISSIONER BRUET: No wall, no sound attenuators or anything right now? MR. MILK: Nothing, that's correct. COMMISSIONER THOMAS: No springs under it or nothing? MR. MILK: Nothing. CHAIRMAN DAVIS: Okay. Any other questions of staff? Are we ready to hear from the petitioner? Mr. Petitioner? MR. ROBAU: For the record, my name is Emilio Robau. I'm an engineer with RWA, IncorlDorated, and we were called in to address some of the adjacent property owners, concern and make everything correct out there and, you know, at risk of being redundant I want to make sure that everybody understands exactly what's going know, some of the history and what is planned versus on here, and you what we have out there, so if you'll bear with me for a second, I'm going to go through a couple of pointing type discussions with a drawing here. MR. MULHERE: There's a hand held mike -- CHAIRMAN DAVIS: There's a microphone in the corner behind there You may have to turn it on. . MR. ROBAU: Can you hear me? Start from the beginning. We were called in. Essentially the generators were already in place, a red tag violation had occurred, so some of the history I'm going to tell you is from what I've learned fronvthe project team that I'm working with, and I'd like to introduce a couple people that are here. Ron Campbell, which is the chief engineer for the Marriott; Paul Whitten, which is with Pantropic Power; Rick Fuson, which is with Lee County Electrical Cooperative and someone who's not here who's very important to our project team is Mr. Tanner, who has guided us in the placement of the generators and given us some recommendations on measures to attenuate the problems that we have out here. Let's get a little bit of site specific type information. The residential properties are over here S ' adjacent to the - n ..... ~ peclfically Mr. Ros~ ~se is . =e =~=uur and apProxlmately 40 feet away fr ex~sting location, which is shown right here as a slab. The drawing that you have is slightly different from the df. awing up here only that this ' Ks c~nstruc~lon level drawing. Yours is more to -- to show you what's going to happen after everything is completed. This parking lot is used by the Marriott for valet parking. The Marriott towers sit right about here scale-wise. This is South Collier Boulevard, and this, what you see right here is the existing chiller building enclosure. What's gonna happen is, is we're going to -- the first thing that we're going to do in order to alleviate the problem that we have out Page 22 16G May 1, 1997 here is put distance between the residents and the generators, so we're going to go from 40 feet to 140 feet. that we're taking. That is the first measure The second thing that we're going to do is we're going to erect an enclosure around them architecturally very similar to what we have right now. I'm going to put this up in a minute, but this rendering right here shows a residence right here, which I think is supposed to be Mr. Ross' house. That's our architectural rendering of it. The generators, you can't see them right here, because this is -- when it's all finished, but they sit behind in this area right here. What's gonna happen, the chiller enclosure stops about right here, so the wall is going to be extended over here and the two generators, one will sit right here and the other one will sit perpendicular to it inside of the enclosure. Second thing, we're going to put some distance, we're going to enclose them. The other thing that we're going to do is we're going to use a special building material that's called sound blocks. I'm sorry Mr. Tanner couldn't be here. He's on vacation and he had planned it a while back ago, is my understanding. And sound blocks is a building material that is absorbative. It has a quality of being able to absorb the energy being emitted in the form of sound and it's got baffles on the inside. So this isn't just a block wall. This is -- this is essentially, you know, a sophisticated building material that's supposed to absorb the sound. The height of the enclosure is actually going to be about a couple feet above the muffler. The units have mufflers. Not only do the units have mufflers, but they also have their own sound attenuation measures in the form of some insulative type of material oF the' inside of the metal. So that's the other thing that we're going to do. COMMISSIONER THOMAS: That -- that generators now? -- that exists on the present MR. ROBAU: Yes, but the wall's not there and the wall s going to be a significant impact. COMMISSIONER THOMAS: Okay. MR. ROBAU: Mr. Tanner is indicating that the wall is going to drop the noise approximately ten decibels and the distance is going to drop it another ten decibels. So those are a couple of things that are going to be done. Something else that we found out that Mr. Tanner COMMISSIONER THOMAS: -- fifty -- So that's going to take it down to about MR. ROBAU: Somewhere in the neighborhood of 50 to 55. About 50 is what he's planning right now. Right now we have 73. COM~ISSIONER THOMAS: Did you say 72 78 and seventy what? MR. MILK: 72 -- MR. ROBAU: Here. I've got th ' . ..... We currently have 45 fe-- .... e readings right here, B an ~uu~lng the site ~1 ..... aeclbels that was~t~A~u~K up. _Right here, we ha~e ~"~ ~.rlw~u -- =~=u my a co~e compliance officer. ~a~,~fo~~ Page 23 16G 2 May 1, 1997 there at the time, but that's what's been reported. 190 feet to the north and 190 feet to the south, which is somewhere about here scale-wise, somewhere about here, we have 65 decibels. This is without the wall, without any other measures that are being taken right now. And 180 feet to the east, which is kind of deceptive, is 61, not purposely so, but 180 feet to the east is clean on the other side of ~Ross' house, so you're going to have the baffling of the home · l~_s~_I_al~s~ discount that one as an ' ~= =nu oD oeclDels distance-wise because t~cc~rate reading. I You're getting clean view of the generator, e Ks no obstruction. The other thing ~a~,we noticed, Mr. Tanner, when he arrived site and took a look =u =ne generators, quickly noticed that the on isolators, the generators that are similar to engine mounts on -- motor mounts, were, I guess, in a position for -- that was transportation, which they're clamped down, which they were ac sitting on - on the metal structure tha ..... tually t2em2elves.- = surrounds the generators So we think that that's going to -- to help a little bit with vibration, but we think what's hap enin ask Mr. Tanner, he'll be he ..... ? g on the vibration, and ha harmonic vibration caused b~e~ the material -- building = =~= noise ~tself in harmony with=~o~ ~f So essentially __ materials in the home. COMMISSIONER THOMAS: Harmonic vibration as opposed to a physical vibration? MR. ROBAU: Well, the harmonic -- the house is apparently vibrating. Again, I wasn't there to take any of the readings, but the windbws, I suspect, and that kind of thing would vibrate and that's because the noise that is being emitted by the generator seems to like the length of the windows and makes the windows vibrate at the same frequency. COMMISSIONER THOMAS: As opposed to this big generator jumping up and down? MR. ROBAU: Yeah, the generators are not some jumping up and down, but I do have to say that there is some vibration being emitted from the base and we think it's because the isolators need to be adjusted, so -- just getting back to my notes here real quick. So that's, you know, that's the existing conditions. We have vibration, we have smoke, and we have noise. It's generally unbaffled. It's very close to the gentleman,s residence. We understand his concerns. The proposed conditions, I've already gone over them a little bit with you. We're going to put distance between the residents and the generators. We're going to put up the buffer wall that's going to have an acoustical material that will be able to absorb the energy being emitted in the sound of form -- in the form of sound. And the requested operation hours, I think we have to talk a little bit about that, but before I do that, I want to go back real quickly. I missed one thing, and that's project need and Page 24 166 2. May 1, 1997 justification. The power supply on Marco is, you know, is good. I live on Marco, but we do have outages once in a while, as you would have in any -- in any type of residential area, and what happens is, the Marriott, it's very critical that they have consistent power. If you can imagine, they're -- they're, I guess, one of the only facilities in this area that has conventions, and if you can imagine in the middle of a convention, with all the audio-visual aids going on, et cetera, the power going down, even for 30 ' . disruptive type of situa ~ .... ~ .... ml~utes~ is -- is a ye when you have residents in there and they're paying a fair sum o? t~v,, ~u x~ 1~ goes Gown ~or a couple of ours mongy to enjoy our area, that it can cost the Marriott a lot of money, and they need consistent power. Their generators, they do have generators on site within the facility, but they're really for -- to keep the elevators rLunning and keep the emergency lights going, et cetera, and what they desire out of this is consistent power. From what I understand at the beginning, this was a win-win for everybody, because really Lee County Electrical Cooperative is an electrical cooperative and any power savings that they get, which is what their part of this is about, is going to be passed on to the customers. During peak times, which is typically going to occur in the summer hours, especially in May, we're coming up on one of them right now, when you hav~ all the air conditioning,s running, et cetera, from four till seven o clock or so in the evening, significant demand on the grid and their cost it -- it puts a their suppliers, of power goes up from So if they can tone some of their demand down, and the Marriott b~i~g'one of their largest customers on the island, that was a good way of doing it, they can save in the power cost and they can pass that on to the consumer. So, you know, that was the project need justification It seemed at first that it was a very good idea. The Marriott needed power, they need consistent power above and beyond the emergency ~enerators that they have and the Lee County Electrical Cooperative could get a benefit of buying power, supplementing their peak power times. So that was the project need justification. At first it seemed fairly simply. Unfortunately, location of the generators produced some problems. The requested hours of operations really kind of ties into why we're trying to get a little bit of an increase in the times of operation. I have to note that the -- that the county noise ordinance is, I think, from seven till ten at 50 -- 65 -- 60 decibels, and from ten in the evening until seven in the morning at 50 decibels MR. MILK: 55. . MR. ROBAU: 55. Excuse me, I had it written down. We would like to extend the hours because it gets further into the peak, and it provides some additional cost savings of operations. My understanding is, and if you have any additional questions, we have representatives here from Lee County Electrical Cooperative on the Page 25 16G Z May 1, 1997 operation, is that we -- we talked to Commissioner Nnrris last week and this question came up. My understanding is that the generators would operate approximately 30 days on a given year during the worst times, the very coldest portions of the year, the very hottest portions of the year, for a total of about 150 hours? Is that about right? And that comes from similar installations elsewhere in the State of Florida. Another point on when they operate. They are gonna operate during the extreme climatic events, you know, the very hottest parts of the day and the very coldest parts of the day, so that even though they're going to be below the county accepted noise standard, the potential that people are going to be outside on their porches enjoying things at seven a.m. in the morning when it's literally, you know, 40, 45 degrees is somewhat minimized. So you also have the -- you know, people will be inside when these things will be operating, but they're going to be below the county noise standard anyways. Regarding the smoke, I did go out there and view the operation. It's -- it's similar to a semi. When they first crank it up, there is some -- when they first crank up, there is some -- some smoke. They're diesel generators and after they get fully loaded, et cetera, some of that dissipates if you've seen some of the semis on the road. It's a similar situation, So with ~hat, I hope I've explained just about everything that's going on here. By the way, we did consult with the Marriott. They -- they like the site plan and what's going on. They got into the towers themselves. We ran -- we ran the generators on a test so that they could get a feel for what it would do to their towers, and with that, 1%0%1~ like to conclude my presentation and open it up for any questions. CHAIRMAN DAVIS: Sir, did you say that you could maintain 50 decibels? MR. ROBAU: Mr. Tanner is indicating in his letter report, which I think you have a copy of here, that after the changes have been made, and as proposed, moving in the wall, et cetera, that it will result in a ten decibel drop in the noise it produces for the distance and another ten in the levels in all directions. So taking the worst case situation, we have 73, it would be abou: 53, and it's going to be within the county noise standards. That's what Mr. Tanner is indicating here. He's here by letter. COMMISSIONER PEDONE: Robau is your name? MR. ROBAU: Robau. COMMISSIONER PEDONE: Has any consideration been done to fully enclosing the generators within its own generator building? MR. ROBAU: Well, they are fully enclosed in a way. COMMISSIONER PEDONE: Will they have a roof? MR. ROBAU: No, they do not have a roof. Let me show you the rendering right now. They're fully enclosed by, you know, around the sides, but they're not on the roof because we do need an exhaust mechanism. More important, we need an intake, for Page 26 16G 2 May 1, 1997 cooling. COMMISSIONER ?EDONE: Yeah, but every -- if I may, every condominium being built on Gulfshore Boulevard today and in Pelican Bay, has a generator and they are all in a room or a building by itself that is completely enclosed. Then the room is soundproofed. The generator exhaust muffler and piping are then insulated for sound and you can put as much insulation as you want to deaden that sound. What I'm saying is that if you enclose that generator, you're likely to set -- to lower the noise substantially and, you know, I think that would solve a big problem to the homeowners. MR. ROBAU: Well, I think, unfortunately, I think most of the generators that are on Gulfshore, et cetera, are the emergency power type that illuminate the exit lights and, you know, the elevators, et cetera. These are -- COMMISSIONER PEDONE: You may have a point, but -- MR. ROBAU: These are different animals here. COMMISSIONER PEDONE: What about the one at Naples Community Hospital? MR. ROBAU: I'm not familiar with that one, sir, but it must be -- COMMISSIONER PEDONE: I am. It's completely -- it's completely enclosed in a sound -- I guess they're panels, the building is constructed of -- for sound, and when that goes on, you can be standing 30 feet away and you really don't hear anything. MR. ROBAU: Uh-huh. COMMISSIONER PEDONE: You know, that's a consideration, I think, to maybe get your neighbors a little happier with what you're planning to do. '-MR. ROBAU: Well, I appreciate the suggestion. I think at this point in time what we're getting from our acoustic expert is that we'=e going to be able to bring the noise levels down to a very reasonable level. MR. DAVIS: Any other questions of the petitioner? Mr. Thomas? COMMISSIONER THOMAS: Yes, I have a serious concern and because we're dealing with very untried technology in our area, you're talking noise, I think you can do something about the noise. I'm not sure what you can do about the smoke, you know, but the -- you know, because diesel fuel has that, you know, diesel fuel smell, but I'm more concerned about the vibration of these heavy kinds of generators operating, because I understand that there's vibration inside the house on tables of this gentleman's house right now when they're cranked up and I understand what you're saying that they were in the lock down position for transport as opposed to being up on any springs, but even in a lock down position, 40 feet away from the property line, another 15 feet past the grass to get to his facility where you would normally assume that the dirt would absorb the vibration, is not like a continuous slab that you're dealing with. I have a real concern about the vibration, and like I say, it's an untested area. I would be more comfortable in recommending that Page 27 May 1, 1997 you all be allowed to put in the thing with the understanding that you come back here in six months for us to understand whether it's -- you've minimized all the problems so that we would just be doing a conditional use for six months just to see how it ~orks and then come back and we'll be in a better position to say yea or nay or require that you totally enclose it or whatever. COMMISSIONER OATES: Mr. Chairman, I don't disagree with that, but are they going to in fact run it for six months? I mean, the sun,her months are -- I doubt that they're going to be running the thing, are they? COMMISSIONER THOMAS: By the time they finish completing the construction of it, they'll be in May, and May is supposed to be one of their peak times, according to what you said. MR. ROBAU: I'd like to just ask Mr. Fuson to talk about the operational hours and how it's typically occurred in other areas of the state where they have these things operating. I understand your request for six months. I think we have one in there for one year already and I think that might give us a little bit more time to get a full cycle, because really, it's based on climatic conditions is what we're talking about. MR. BRUET: Emilio, I have a question in regards to this thing. MR. ROBAU: Yes, sir. COP[MISSIONER BRUET: The Marriott, obviously, has many acres of ownership there. MR. ROBAU: Yes, sir. COMMISSIONER BRUET: From a civil engineering standpoint, is this the only location on their, whatever, ten or 12 acres that they own, that this is -- is this the only site that works? -MR. ROBAU: Well, Mr. Bruet, yes, we took a look at other alternatives -- COMMISSIONER BRUET: Uh-huh. MR. ROBAU: And no matter where you put these things, you're getting close to -- to other residents, et cetera, and what we felt is that -- that this area is almost the utility center for the Marriott. COMMISSIONER BRUET: I see it's next to the chiller building. MR. ROBAU: It's next to the chillers. The chillers have been there, I guess, for a while. They -- they're centrally located on the property. It's almost equal distance between the towers and the residential properties. If we would have gone further to the north, there's a commercial and more residential. Towards the beach, there's the -- there's restaurants, there's more of the Marriott's -- the little cabanas there. So I think that, yes, this is one of the best locations on the property. We did -- the first thing we did is took a look at where else we could put it out here because, you know, we don't -- the Marriott, Lee County Electric Cooperative, everybody -- no one wants to be a bad neighbor. No one wants to bring any problems on, and you know, that was one of our -- our concerns and we looked at it and I think that this is an appropriate place for it, Mr. Bruet. Page 28 16G 2_ May 1, 1997 COMMISSIONER BRUET: It -- could we just talk one thing then about the 30 days of operation, unless you want the other individual to -- MR. ROBAU: Yeah, really, I'd like Mr. Fuson, because he's -- COMMISSIONER BRUET: I'll hold the question. MR. ROBAU: -- you know, they have these facilities. COMMISSIONER BRUET: I'll hold the question. MR. FUSON: I'm Rick Fuson from Lee County Electric Cooperative. COMMISSIONER BRUET: Yes. Emilio had mentioned 30 days of operation. Does this -- does this include most of the summer months~ Isn't that when we have the peak demand -- · MR. FUSON: Yes. COMMISSIONER BRUET: -- air conditioning-wise and the peak draw? MR. FUSON: That's correct, we have the most of that in the summer. Most of the operation would occur during the summer months. The winter months, it's pretty minimal that they -- that they get run. COMMISSIONER BRUET: If we have -- we all live here and understand the temperatures, but from, say, the middle of June through October, we have virtually every day from 90 to 93 degrees. MR. FUSON: [/h-huh. days?COMMISSIONER BRUET: How does that relate to operating only 30 MR. FUSON: Well, what -- the way we purchase our power, we're a member of a larger cooperative called Seminole Electric Cooperative, they're out of Tampa, and they purchase power for all the cooperatives in the state of Florida. There's 11 members, and of the cooperatives, it's Lee County Electric Cooperative and another cooperative called Clay Cooperative, which is just south of Jacksonville, and we physic'ally interconnect to the Florida Power and Light transmission grid. So Seminole purchases power from Florida Power and Light to supplement our needs as well as Clay's needs and the way the billing occurs is, whenever our load plus the Clay load is at a peak condition, that's when we get billed the m , temperature-weather related cha ...... ~ .... o~t. _So i~ s a ~~u~c masea on now the conditions are in south Florida as well as north Florida, and when those two are at a maximum, if you will, if the temperature extremes are that -- excuse me, are at such, then is when our billing goes up. Now, as the rains come in.in the summertime, the rains -- typically, the days that it rains, we -- we won't operate the units because the rain will drive the load down to a level where you don't need to run them, so -- and as you know, the summer storms down here, we get rain quite a bit. COMMISSIONER THOMAS: So the peak months will be when? MR. FUSON: Well, we have a peak each month of the year that we purchase power on that peak, so each month, potential -- each month, we will be running the units, but the amount of time that the units get run each month varies quite a bit. COMMISSIONER BRUET: Let me just finish. In your professional opinion then, 30 days is a -- is an accurate number? Page 29 16G May 1, 1997 M~. FUSON: It's an estimate. COMMISSIONER BRUET: It just seems -- ~fR. FI/SON: Some years is more, some years is less. COMMISSIONER BRUET: -- like there's a big capital investment here for only 30 days of cooling, I guess. I'm trying to understand the need. MR. FUSON: Well, what the -- yeah, what our financial analyst did back at the cooperative, we have a -- we have money invested in these units. We want a pay back form for our members so everybody can benefit from the financial aspects of these units, and what they did was they typically looked at averages over the past several years of how these things run. Some years they run more, some years they run less, and it's difficult to give you an exact number of days because COMMISSIONER BRUET: Sure, I understand that. MR. FUSON: -- because it's truly weather sensitive. COMMISSIONER BRUET: It just seems that 30 days would appear to be a little bit conservative. It would just seem to me, when we have virtually 150 days of very hot, humid weather, that only 30 days would be required, I guess I'm having a little trouble getting over that hill. MR. FI/SON: But one -- the financial analyst back at the cooperative, what -- when we went into the decision to purchase these things and to lease them to the Marriott, we looked at a pay back period -- COMMISSIONER BRUET: Sure. MR. FUSON: -- and what it amounts to us, in about a seven year pay back on these units, and after that, then all the other benefits, financial benefits, we're able to pass on to our members. The cooperative is very proud in the fact that we haven't had a base rate increase in close to 15 years, and with everything going up through inflation, the way we're able to do that is to minimize our operating and maintenance costs and we're in a very aggressive load management program and this is what this partakes in. In our north area up in Lee County, we have about 45,000 residential customers with these load management devices in their homes that we can control their water heaters, their air conditioning systems and every month, by lowering those purchase power costs, we're able to keep our rates where they are and we want to continue to keep our rates where they are, and we really want to get into some rate decreases in the future is what we'd like to see. MR. BRUET: I'm sure we shouldn't do that, though, to the extent of some neighbors, I guess. I understand what you're saying. MR. FUSON: Correct. MR. BRUET: Mr. Chairman? CHAIRMAN DAVIS: Okay. Any other questions? MR. MULHERE: Mr. Chairman, I just want -- for the record, because there's been some confusion. So the situation is that Lee County Electric, just so that we know before we get to the board, Lee County Electric is purchasing -- Page 30 2 May 1, 1997 or will purchase the generators and will lease the generators to the Marriott? MR. FUSON: Correct. MR. MULHERE: Okay. COMMISSIONER BRUET: Thank you. CHAIRMAN DAVIS: All right. Anything else in your presentation before we get to the other speakers? MR. ROBAU: No, I think that that's all that we have right now. I think we've more or less presented everything. Thank you. CHAIRMAN DAVIS: And if we've got some questions, we certainly will call you back up. MR. ROBAU: Yes, sir. CHAIRMAN DAVIS: Thank you. Who else would like to speak on this petition today? Please come forward and identify yourself for the record. MR. ROSS: For the record, my name is Don Ross. I live right next to the property. My mother and father sold me this house. They built the house in 1973. So I've essentially grown up from teenage years on in this house. A number of points that you weren't made aware of. There's more of a history to this property, which makes the whole thing even -- even more incredible. In 1992, Mr. Bud Davis, I believe, was the general manager of the Marriott. We had a problem with the cooling towers. Now, being the attorney in the family, I, you know, fortunately or unfortunately, got stuck with dealing with Bud Davis and Mr. Marriott and Mr. Shanahan, when he was with the county commissioners, to try to get the cooling towers situation clarified. .... Et that time, they had a different noise ordinance and it was 65-60 for the noise. After about six months of, you know, threatening legal letters, they agreed to hire Condee Cooling and I think they had Cornell Balancing Company involved in getting those cooling towers down to 59 decibels. So imagine my surprise in seeing these devices out there, and being an attorney and being basically a mechanical idiot, having no clue what these things were, assuming that the Marriott, knowing who I was, knowing who my -- my father was, knowing that we were generally a pain in the neck about noise over there, would be crazy enough to put something 40 feet from my kitchen table that vibrated like you wouldn't believe, that caused an incredible amount of anxiety over what in God's name is gonna happen and how do you fight city hall and how do you fight somebody that's big with the same people at the Marriott. I mean, that was the amazing thing. They had the same engineer. They had the same general manager. The same people who were there in '92 decided in '97, yeah, this is a great idea, let's put them 40 feet from the attorney's house, when we know that he knows that there was at least an ordinance at one point of 60 to 65. Now, after I -- after this happened, after the noise occurred, and frankly, I learned about what these things were when someone from Page 31 16G 2 May i, 1997 Lee County Co-op was working on those things came to me to tell me, hey, you better do something, you're gonna get nailed here. You don't know what they're doing. I assumed it was some sort of temporary set up to help work on the cooling towers. I mean, that's what it looked like to me. They looked like two white mobile homes with a black muffler on the top and it spewed smoke. So I figured, well, you know, those things are so ugly and they're so noisy, it's got to be something to allow them to repair these cooling towers, whatever the beck cooling towers are. Well, you know, much to my surprise, I find out no, these are permanent and the plan was to run it from eight to ten in the morning in the winter and one to six p.m. in the evening. There was an article in the Marco Island Eagle, January 15th, and speaking on behalf of Lee County Co-op, there was Karen Ryan, public relations manager. The net bottom line result here to Lee County Co-Dp is they save $50,000 a year. It's in the article. That's what Karen Ryan said. We think we can save $50,000 a year by leasing these things to the Marriott. Okay. So they're going to save $50,000 a year and somehow or another, that's gonna benefit all of us who are actually members of this cooperative. I mean, everybody in this county apparently is a member of this cooperative. Now, the other detail that nobody said anything about is that right now, right this very second, the cooling towers are in violation. Those cooling towers, without turning any generators on, run at 59 decibels, and I didn't fully appreciate until last night in dealing with Condee Cooling, who's done work on the cooling towers, that, hey, you know, it's 55 decibels at night, Don, and they're r~nn~g at 59 decibels right now all the time. When the county came out to my property three times, they ran noise tests before they turned the generators on. It's 59 decibels on my property line, and if you'll look at the schematic diagram of what they're planning to do over there on the wall, they're not doing anything to the cooling towers. They're not putting new walls or additional landscaping around the cooling towers. So how, by putting something on the other side, is that going to lower the noise from this side down to 50? I mean, not that they have any legal obligation to get it down to 50, but they do have a legal obligation to get it down to 55 at ten o 'clock at night, and I had asked Mr. Milk, prior to the meeting, what, you know, what is the procedure for me filing a complaint on the cooling tower. I'm gonna do that as soon as I walk out of here because they're in violation right now and not a single thing that was proposed here addresses the cooling tower, and yet they're telling you, they're trying to lead you to believe, well, we have these special materials and all this and it's going to lower the whole thing about 20 decibels. Nice trick. I don't -- I mean, I'm not an engineer, but I don't know how that's going to work, you know, when it's already at 59, and they're not making any modifications to the cooling tower. Now, unfortunately for me, having lived on the island for a Page 32 16G 2 May 1, 1997 while, I'm friendly with Condee Cooling, they're probably our closest friends on the island, you know, he's educated me quite a bit, and from what I've been told, every increase of three decibels is a doubling of the noise. So if you have a limitation of 60 decibels, and you go uD to 72, that's four times louder than the legal limit. I mean to a person lay person, 12 decibels doesn't sound like a big deal, but when you understand that every three is a violation and that the cooling towers are at 59, and that's more than double what it's supposed to be right now, you say, well, there's a problem, but Mr. Condee recommended I call Cornell Balancing Company, and I'm not in the construction business. I mean, I do real estate closings and litigation, but Cornell has worked on these cooling towers, and, you know, I asked them. I said, well, what -- how could they possibly fix this. He says, well, the only possible way, in his opinion, to fix this, is to totally enclose it on the far side with redesigned mufflers. Now, the -- COMMISSIONER THOMAS: That's for the cooling towers or is that for the -- MR. ROSS: That's for the generators. COMMISSIONER THOMAS: Generators, okay. MR. ROSS: He says the only possible way that would work is to have a totally enclosed building with special mufflers and so forth. Now, the problem that -- that they've run into is they've already got these things there. They've already invested money in them, and nobody wants to build or redesign the actual units themselves, because these things are supposedly worth about a million dollars. So we've got to salvage the money we have invested in this million dollar deal, I'~ been told by Mr. Milk, they've got generators like this in back of where he works and you don't hear them at all. So I mean, they do have the technology, but when you consider, one, they've already spent money on these things and two, according to Lee County, all they're going to save is $50,000 a year, it doesn't make sense for them to go out and redesign new generators, you know, it's much easier to try to use the ones they've got and try to, you know, appease Mr. Ross with a minimum amount of, you know, capital investment. Now, you know, this -- this is all new to me and like I said, I do real estate closings. I -~ you guys have probably never seen me up here before you before, but Mr. Milk was kind enough to give me the ordinances and the procedures and so forth and I'd like to make a few procedural comments for the record just to preserve our rights. Number one, this does not -- I mean, this was the application right here, you know, fill in the blank, you go to page three and they ask about noise, and all there is, there is a noise: however, it was within the noise code. Baloney. It's 59 decibels now at ten o'clock at night. It's not -- you know, how are they going to add anything to and make it quieter without doing some modification to an existing problem? It isn't gonna happen. Two, Mr. Milk gave me the definition of essential services. So Page 33 16G 2 May 1, 1997 I've got it here highlighted and it appears to be -- include electricity provided to the general public by providers who have been approved by law. This is not electricity being provided to the general public. This is electricity being provided to one customer, the Marriott. It's going to save Lee County Co-op, who I'm a member of, $50,000 a year, and it's not going to be provided by someone who's allowed to by law. I mean, this is going to be the very first, on Marco Island, permanent generator. Every other generator is an emergency generator for power outages. This is a planned generator on a regular basis to save them money. It has nothing to do with giving power to the masses, you know, if Hurricane Andrew's, you know, younger brother sho%s up and we have a, you know, a disruption of power. I mean, if that happens, well, thank God, you know, that the people staying at the hotel are going to be okay. The rest of the island's going to be out of power. The second point is that under paragraph 2.7.44, in reviewing all this testimony, you're supposed to make specific findings, among other things, that the effect in reference to noise and odor won't be a problem. It's in subparagraph three and it's also compatible with adjacent properties. I mean, I just don't see it. And I've got an expert and I can get the guy, you know, to test it. I mean, the man who's worked on the cooling towers worked for the Marriott, so I'm sure they can't discredit him, who said the only way this thing's going to work is to enclose it. I've got employees from Lee County Co-op who are working over there coming to me and telling me I'm being had. And I've got Condee Cooling Electric, who works over there, telling me you're -- you're being had, you know, so to save them $50,000 a year, you know, I'm going to have to somehow or another try to sell the family home. Who's going to buy it? I mean, you wouldn't believe these things, you know, and this wall, it appears it's higher than the side next to my house. You know, sound waves do bounce. You know, I'm glad that the towers are gonna be okay. Thank you for your time. CHAIRMAN DAVIS: Thank you. Next speaker? MR. ROSS, SR.: My name is Don Ross, Sr. I'm the culprit that sold this home to his son. Not a happy camper. I'm gonna make a few comments and I may bounce around a little bit and I beg your forgiveness for that. One comment this gentleman representing Lee County made that -- with reference to the smoke, it's just like having a diesel truck out there. Wrong. A diesel truck stack is three inches in diameter. The diameter on these exhausts are approximately 12 inches in diameter. It's like having ten diesel trucks there that never go away. I'm an asthmatic. Unfortunately, one of my grandchildren that lives in the house has a serious respiratory problem. That concerns me. I've been listening to comments from Bryan and -- about the Page 34 2 May 1, 1997 proposed generators, the proposed generators, the proposed generators. There's nothing proposed about them. They pulled a thousand dollar permit and put a million dollar structure in place because they were Lee County or because they were the Marriott That's what it looks like to me. · That fence that was mentioned, I built the fence. Before I put the fence up, I had to come in like every good citizen and give you a survey and a plan, a detailed plan of w was g~nna build it and I had to ~ .... :~h~ I w~s_gonna build, where I -hen I built the hour- ~ =?~v7 ~= ~spec~e~. I did all that. --, ~ naa uo pull a permit and abide by everything, and I did that, but when a company can whip in there and park these babies, and they're monsters, with no regard for anybody, it's upsetting. I've had personal meetings, prior to this hap enin. ' Hetherington, who I believe is v' ~ .... : ..... ? g,.w~th Bill ~c~-~==xu~nu ~n cnarge oz engineering and improvements for Lee County, been in his office, chatted with him, so I picked up the phone as soon as these things showed up and my son called me, and I said Bill, what the devil there for. · What are these things in He says, hey, Don, they're permanent. He says, this is a win-win deal for Lee County and the Marriott. After all, you have to understand, they're our biggest client We can save them money, and the nice part is any of the overage thlt these things generate, is ours. I said, isn't that wonderful. I said a win-win for the Marriott, a win-win for Lee County, and the hell with the little guy. I said you're wrong because all the little guys are the big users, and I says you don't do that to people. He said, hey, what can I tell you they*re there., As far as essential services, in reading this thing, I think that's the biggest joke. There's nothing essential about it. There's nothing necessary. If there's an outage, if there's an act of God, and we have a storm and power goes down, the word, evacuate the island is going to have already been shouted. We're out of there, including Marriott, including the convention people, including everybody. That's nonsense. I asked the engineers and I asked the people at Marriott, I said, as one of these gentlemen just mentioned, why don't you move this whole facility over on your side and enclose it. I said, if you did, God help you, because you won't rent one room on the side of building that abuts this -- this structure. In examining their whole 13 acres that they have over there, in answer to your question, why did you pick this spot, the only structure that sits outside of the hotel is the cooling tower. It makes good common sense, my background,s in construction too, let's tuck it on the backside of the cooling tower. It's a buffer of some sort, it's a benefit, but don't put it over next to the hotel. If it is a true essential service, close it, as they have at the hospital and other big buildings, and put it on their side of the building. Call the bluff. They won't do it. It's not that essential Page 35 May 1, 1997 to risk renting their rooms, but it is essential enough to say the hell with the neighbors. That's not fair. That's not proper. The health situation, as I say, bothers me from -- I'm worried about one of the kids. I -- I don't like the idea of somebody being able to come in, build something, put something in place, get caught with their pants down, and then have closed meetings that Lee County could attend, Marriott could attend, the staff could attend, but the people who are hurt weren't allowed to sit in these meetings to find a solution to screwing up. Now, if your job is to sit there and say, hey, they're wrong, let me see if I can make them right, then that's wrong. If I was wrong, it would be, Don, take it down and get the hell out of there, because it's not proper, it shouldn't have been done in the first place. That's my feeling and I certainly hope it's yours Thank you for your time. · CHAIRMAN DAVIS: Thank you, Mr. Ross. Next speaker. MR. MULHERE: Mr. Chairman, can I just add, when we became aware of this situation, obviously we're not aware of a situation before it happens. When we became aware of this situation, they were red-tagged and brought through the process. That's why we're here today. They were brought through the process. One -- one thing I want to make sure though is that under the essential services, when we looked at what they were doing, under permitted uses, Permitted uses, under essential services, it says, emergency power structures. Permitted uses, emergency power structures, but the staff, in reviewing the situation, was of the opinion that because these were permanent and because of the in~el-mittent but continuous potential use, that it should fall under a conditional use procedure, and again, that's why we're here today. CHAIRMAN DAVIS: Thank you. Yes, sir. MR. CARPENITO: Gentlemen, my name is Francis P. Carpenito, C-A-R-P-E-N-r-T-O. Excuse me. Excuse my little hoarseness. I live at 911 Ironwood Court, which actually is adjacent to Mr. Ross'. After both junior and senior spoke, I don't think there's anything I can add as to -- about this condition, how deplorable it is. Now, I've witnessed it twice when it was on line on a test. was over at the Ross' house when the gentleman from the code enforcement was there. He said, this is disgraceful. He put his hand on their slider and it was vibrating. The odor was obnoxious. On March 27th, they had another test. This noise was terrible, the smell of the smoke. I called the county code people and they told me to calm down, that this was a test that they authorized. I said thank you very much, this is a terrible, terrible condition. Now, how are we to believe these people, that they're gonna make a wrong right? When? In my understanding, they did this without even applying for a permit. The fire department didn't even know they were doing it. Why did they do that? Evidently, they knew they were doing Page 36 16G i May 1, 1997 something wrong' and I think as Mr. Perone (phonetic), is it, suggested, why not enclose this completely? You'd be 20 feet away, you won't hear a thing. Now, they said they'll move this 140 feet. I am within the 140 feet now and it's terrible, so by moving another 40 feet is gonna justify this? And also, I think, another suggestion was made and a woman wrote a letter and I go along with that. If this thing can be built as beautifully and as scientifically and pleasing as they say they can do it, fine, put it next to the Voyager restaurant. What objection? They have plenty of land there. Who are they gonna bother? They said this will be soundproof. Fine, nobody -- put beautiful murals on the wall. Nobody will know what it is. I feel I've been taken. I went and canvassed the neighborhood, explaining to people about this meeting, and they hadn't heard it because it was only two times it was on test. They thought I was talking about the air conditioning plant. They said, yeah, we've got to do something about it, that's terrible, and these are people 500 feet, a thousand yards away. At night, when the wind is blowing at two in the morning, that constant drone of that thing, I didn't realize until Mr. Ross brought it up, they are in violation there, and I will work with him to see that they rectify that, but number one, these generators. Gentlemen, the decision is yours, and the gentleman on the end there had a very wise decision, and while they're at it, put it on their own property. Thank you very much. CHAIRMAN DAVIS: Thank you, sir. MR. MULHERE: But I think -- I'm not sure -- I was not aware of the fact that those chillers were currently violating the noise code, but I think we need to address that issue as well. CHAIRMAN DAVIS: Before we go any further, as chairman of the planning commission, I officially ask you when you return to development services today to send code enforcement out to take a reading on the chillers and that will save, because -- COMMISSIONER PEDONE: Not the chillers, I think the cooling towers. CHAIRMAN DAVIS: Cooling towers, whatever it is 'there, so that's all taken care of. It will save everybody a lot of time. Yes, ma'~. MS. GORMAN: Hi. My name is Katherine Goreman. I live at 931 Montego Court, which is actually four blocks away from where this is. I guess I got involved because one morning I was going out to my car and I heard what I thought was an airplane coming down and I turned and started looking around thinking, I've got to get out of the crash way, and what it was, was them apparently testing these units. I am four blocks away. I rode up to that street and I -- I thought, my God, what are they doing up there, you know, I have no idea, but something,s going on because, you know, you could see cars and it just -- you knew Page 37 May 1, 1997 something wasn't right, but I went on to work. I'm not an attorney. In fact, I'm just a neighbor. I took off work to be here this morning, and I didn't even know any of these people until I had asked, what was that terrible noise. If you weren't there at your home at that time, the other neighbors didn't know it. I talked to all the neighbors on my street and basically they asked me to represent them too this morning. A couple of the questions that I really have came up from these gentlemen's comments this morning. In your records, he said that there is vibration, smoke and noise. That's established. Again, if they don't enclose them, how is the smoke going to be contained and really how is the noise going to be contained, and when they test it, can't they do a test ahead of time to find out how much the decibels are going to go down, you know, if they've done all this testing -- plus they said, there are other areas of the state that have these. Are any of those areas, do any of them contain a unit this large? Again, there are -- there is one of these units right up at the county facility on Horseshoe Road. However, it's nothing like this. It's much smaller. They don't hear it. They don't smell it. It doesn't vibrate, but when this unit's running, go stand on anywhere even near the top of the street where they happen to live and your feet will vibrate. The other thing is, the justification, what I heard this morning, is that the Marriott needs consistent electric. If they have a convention or whatever, the Marriott needs consistent electric. Well, if this goes through, now what about the Hilton, let's talk the Radisson, let's talk all the other hotels on Marco Island. So if we s~r a precedent with the Marriott, then let's talk all the rest of them and that was the justification that I heard this morning, Marriott consistent electric. Not all of us who live there consistent electric; Marriott. It was my suggestion, I was the woman who wrote the letter, about putting it over by the Voyager. The Voyager is one of the Marriott's restaurants. Next to it is, if I'm correct, an employee parking area. It was my thought, if they put it over there, the people on the beach, as they walk by, would see a nice mural, if they put a mural, or else they would see trees, but it wouldn't be in our neighborhood. The other thing, and my final point, is that I heard, and thank you, gentlemen, for bringing up, this is gonna run during the summer and it's gonna run during the days. Okay. Not when it's raining. When it's raining, you're inside your house, usually with it closed up, but I have three small children who are going to be out playing during this area in the pool or whatever, and this is the noise that you're going to constantly be bombarded with in this neighborhood? So when it's running during the day, I hope you'll take that into account, that that is when people are home and that is when they're out playing or whatever. Thank you. CHAIRMAN DAVIS: Thank you, ma'am. Is there another speaker? You're the speaker that I have to say Page 38 16G Z May 1, 1997 try not to be repetitious. MS. ROSS: I know, really. CHAIRMAN DAVIS: I said that as nicely as I could. MS. ROSS: I understand. Colletta Ross is my name, the wife of Don Ross, daughter-in-law of Mr. Ross, and as he said, almost ten years -- ten months ago we bought this house because it had a lot of memories for us. Don grew up there, and I've been coming here since 1975. We love this house. My father-in-law added to it, almost doubled it. It's a beautiful, beautiful home. We pay lots of taxes on this property. That's all I can say because I do the bills. Anyway, back in December, I woke up my daughter to go to school and I heard some noise out in the parking lot. So I looked out the win,~ow and I saw a few men, and I said okay, they must be redoing the parking lot, you know, repainting it. Well, within a short three weeks, these monstrous trailer looking, two of them now, trailer looking rectangular monstrosities, that's all I can call them, were pulled in and sitting 40 feet from my home, and then on top of them, to make it worse, were four enormous black cylindrical mufflers or whatever they call them, on top and of course, then I waited to see if they were going to house them. I said surely they're going to put a wall up; nothing. And I said surely they're going to put some landscaping; nothing. I called the engineer and he said, oh, Mrs. Ross, this will benefit everybody, and we're going to make it look pretty for you, and I said, but I see it. I sit at my kitchen table and I have to see it, and I said when it goes on, I have to hear it, and I have to smell it and this is with all my windows shut and -- now I lost my train of thought. We already put up with a lot of nuisance from the Marriott, and we put up with it, you know, we knew we were living behind a parking lot. We put up with trash. I constantly pick up trash from the parking lot in my yard. We put up with loud blasting stereos from the valet parkers. When they park the car, they love to turn up the radio, and so we hear constantly baboom, baboom, baboom, all night long, okay. We put up with slamming doors. We put up with people talking. We put up with lights from the cars shining, even though my father-in-law put a fence, at nighttime, when they pull in those cars, the lights are on and they shine in my window, in my kitchen where I'm sitting or out in the pool area. We put up with tennis balls hitting from 6:30, seven in the morning till ten o'clock at night, because they have lights on there, so we can hear the tennis balls all day long. We can hear music from the bands out in the Marriott, and they have a lot of conventions. They have a lot of bands. They have a lot of music, and we put up with these and it's okay, you know, we can -- we can deal with that. We put up with the buses that come into the parking lot, the chartered buses. I've had to call the engineer. I've had to call Page 39 May 1, 1997 security and say, that bus is over there, it is emitting fumes, it is going -- you know how they keep these buses on all day long because it's more efficient. I've had to call them about that. The biggest thing we put up with is this cooling tower, this chilling plant, as they call it, and they did not even mention, when they talked about these generators being put on either side of them, they never mentioned that, hey, there's already an existing cooling tower there that is, you know, has decibel readings, as my husband said, louder than they're supposed to. So you add these cooling towers to the generators and it is just an unacceptable situation. So anyway, we did have this man from Lee County come to us on our own and it scared me to death when he came to the door because I thought he was gonna yell at me for complaining to the county about this, but actually, he came to me and he said, because he felt that -- that this was wrong that was happening to us, and we were neighbors of his and wanted to make sure that we knew everything that was going on and he told us everything, and one thing that was never brought up was that I did call the fire marshal, John Burback, at the Marco Island fire department, and -- because I was told that there were over 4,000 gallons of diesel fuel in this thing 40 feet away from my home, and of course, I was concerned about~ the potential for disaster. I mean, you hear about these plants and there must be some, you know, potentially some problems that could happen, and so John came out and he said, first of all, Colletta, I was never told about this. I should have been told about this. He went out and there were no fire extinguishers. There was nothing if a potential fire were to catch on, and when I called the -- and I'asked this Lee County man, I said, well, what happens if it breaks down, what happens, who can take care of it on Marco Island. He said, Colletta, nobody on Marco Island can touch it. Nobody from the Marriott has the authority or the know-how to touch this if it breaks. I said well, who does. And he said someone up in Tampa has to come down to take care of it. Now, here I am living 40 feet away from it and that didn't make me feel too comfortable. So John Burback came out, the fire marshal, and he did tell them they had to have fire extinguishers there at the time. So I guess my whole point is, from what you've heard, they have lied to us from the very beginning. We were told this was for minor electrical work. This is a million dollar project. There's no way it is going to run, as Mr. Bruet said, there's no way they're going to run it 30 days. They're going to run this every day if you let them, and I have to sit there and I have to listen to this and it makes me sick the few times that they -- that they tested it. Bryan came and he warned me, we're going to test it. I had to leave my home. Now, this is with my windows shut and my air conditioning on and the smell was~so horrible it seeped into my home and made me sick to my stomach. And there are four mufflers, like my father-in-law said, that are Page 40 i6G 2 May 1, 1997 12 inches across and they open up. When the thing goes on, they open and all this junk spits into the air, and if the wind is coming my way, which I can't -- I can't tell the wind which way to go, guess where it comes? Right on me. And going in my home is not enough to protect me from it. The noise is so awful that it makes me angry and it makes my husband angry and it was only on for 30 minutes at the most so if it's allowed to be put on anytime at all it's just gonna be unacceptable. , ' The one day that Bryan came out, he told you that he was outside and they were taking the readings, and I went out and I said to him and Ron Holder, his assistant, I said, would you please come in my house, would you please see what I have to see and what I have to hear and what I have to smell, and they said sure. So they came in.and Bryan put ~ls hands up on my wall He ut his hands up on my w~ndow and he . . . ~n~eLs~uatlon. You cannotS~i ~s Ks unacceptable. Th~s is h'"~ s~$~=e.-uaDle' and they shook and ~v~_~n~s w~y. Ron put his ks s on . ----, mrs. Ross w ..... ~,~=~ move~ across ~ ~-~- Y . this for you ' = ~=~ going to held vo ....... -?= ~cu~x~, anG ...... u, -= =£e going to fight And I felt, thank God, we have someone on our side, because I had called everyone from here to Tallahassee trying to get someone to help me. I even called the EPA, and he said oh, well, you know, they re not doing anything that bad. , I couldn,t get anybody's help, so finally Bryan was on our side, and he said, we're gonna help you, Mrs. Ross. This is wrong, this is unacceptable. So it upsets me to find out that now Bryan is allowing them to go under all these conditi saying, well, we thi-~ : .... one, but we don't kn~ ...... gonna cut ~ ..... = .~_ ~u s going to cut do~-~ ~ .... --' ~y ~eep .... ~ une smell, but ~ ....... ' ?? u~= noise, we think i~'s skirted the idea of that cooling tower. I'm glad my husband brought -~ ~= uuu really sure, and they reall it up because that's already there. We're already dealing with those noise -- that noise. And this pretty picture here with all ~- I'm sorry, do you mind? This pretty picture with all the pretty greenery, if you take a look over there now at the cooling tower, it must be because of all the stuff that comes out of there, but all that pretty greenery is not there. All here is empty of greenery, so you see the cooling tower. You don't see that pretty greenery. The top is green, but when this cooling tower goes on, it spits out, I don't know what it's spitting out, air or something, but it kills everything right along here, because I've seen, over there and I've seen it. -- I ye walked So I think I've said everything. That's it. Thank you. CHAIRMAN DAVIS: Thank you. Is there anyone else to speak on the subject today: MS. ROSS: I forgot about the car alarms too that we put up with every day. ' MR. MULHERE: Mr. Chairman, I think I, for the record, I mean, it was our intent in reviewing this petition, Bryan and I met with Wayne Page 41 16G 2 May 1, 1997 Arnold, the planning director, that we require that any problems, including emissions of fumes, noise, vibration be addressed sufficiently prior to us allowing this operation to continue. We're not 100 percent certain if we're going to achieve that with what's being requested, and I think we acquiesce to that statement that that's true and that's why we put the one year time frame on there. However, as I said, some issues that we were not aware of, one of which, at least that I personally was not aware of, was that the current chilling towers are already exceeding decibel code, so this is an opportunity for them to address that issue. I think it is an opportunity to address that. COMMISSIONER THOMAS: My -- my concern goes back to what I said earlier. Either I would support Pedone's petition that the whole unit, the chilling towers, everything, get totally enclosed and I would suggest that the -- whatever venting of the thing be extended much higher than that wall I see out there. Either we do that or we let the petitioner do what he wants to do and come back here within six months to let us know what the situation is, whether we're going to allow it to continue or force them at that time to totally enclose it. One way or the other, we need to protect the residents around the area. COMMISSIONER OATES: Mr. Chairman, I would feel better if we could continue this until we find out whether in fact the chiller towers are in violation, because if they're -- if we let them go ahead and do this, if that would be our choice, then they still got another problem that needs to be rectified. MR. MULHERE: I think we know they are in violation. They were aT 59" If I understand it, there was a reading done They were at 59 decibels. · MR. MILK: They operate on a daily basis at approximately 59 DBA with the current acoustical and landscaping around it, and a fence between the property line. COMMISSIONER THOMAS: So that puts them out of violation every evening after ten o'clock? MR. MILK: They're in violation every evening, that's correct. COMMISSIONER THOMAS: After ten o'clock. MR. MILK: That's correct. CHAIRMAN DAVIS: If I can interrupt you for a minute. The public hearing is closed. Now we can have our discussion. COMMISSIONER THOMAS: Okay. So I go back to what I'm saying is they've got to recti -- the cooling tower problem at the -- is a code enforcement problem. MR. MILK: That's correct. COMMISSIONER THOMAS: You all can shut that down, red tag that and take care of that. That's not a planning concern unless they try to get, you know, get in compliance with this, but my attitude is, either we require that they totally enclose it right now or give them an opportunity to show some new technology and come back to us in six Page 42 May 1, 1997 months. I'd rather say three months, but I -- but they say I might not be able to get a track record of getting it used enough in three months.MR. MILK: And that was or rationale for doing a year. COMMISSIONER THOMAS: A year's too long. MR. MILK: Possibly a year's too long, but it was just -- COMMISSIONER THOMAS: A year's too long. MR. MILK: -- to test it, and I don't disagree with your recommendation at all. COMMISSIONER BRUET: Mr. Chairman. CHAIRMAN DAVIS: Mr. Bruet. MR. BRUET: I still have trouble, Mr. Chairman, seeing this as being a comDatible use within that neighborhood, a hundred feet, 140 feet, the noise, the vibration. It's vet%;, very difficult for me to acceDt. Now, realizing we need the Marriott, Marco Island does, for their tax base and what they support in employment, they need to stay up and in current business trends and trying to save money on electricity, but out of the 13 acres, there's gotta be another site available that can be converted, as Commissioner Pedone had mentioned, enclosing the whole thing, get the -- get the unit away from the surrounding neighbors, put it on the site somewhere, soundproof it to the extent possible and the issue goes away, and it seems fair and it seems much more reasonable than this proposal. I don't see anything here that it's been done proper other than maybe hiring the engineering firm when it was too late. COM}4ISSIONER THOMAS: Mr. Bin/et -- CHAIRMAN DAVIS: Wait a minute. Mr. Pedone. COMMISSIONER PEDONE: Yeah. Moving it to the other side, I th~nk,' is not too feasible because the whole idea of the generators is to take over the electric power for the chillers to operate at the -- at this time. To put it on the other side, they would have to run transmission lines -- COMMISSIONER BRUET: I understand that. COMMISSIONER PEDONE: And that might be really kind of costly and it wouldn't make it cost effective. I think enclosing the building would do an awful lot for minimizing the sound and the looks. Now, I may know a little more about it because I've been doing it for thirty something years, working with emergency generators, although not quite that way, but I think enclosing it and doing the right kind of soundproofing will -- will take care of the problem. As far as the fumes, there are ways, I think, they can handle the fumes also. A diesel boat, for one thing, has diesel exhaust coming out the stern, and they face them down into the water and the water sort of dissipates the smell and the fumes and the smoke. So you know, there are probably engineering methods to take care of that. COMMISSIONER THOMAS: Can I ask Mr. Pedone a question? See, the reason why I didn't want to move it across the street, because that didn't deal with the chiller situation. Page 43 16G 2 May 1. 1997 COM~ISSIONER BRUET: It doesn't deal with fumes, it doesn't deal with vibrations. COMI~ISSIONER THOMAS: It doesn't deal with the chiller situation or what have you, but if they mount them properly on some of, you know COMMISSIONER BRUET: We don't know that, Fred. I'm not a structural engineer that can come out here and say that that will work. I don't think so. COM/~ISSIONER PEDONE: At a few of the condominiums up on Gulf Shore or in Pelican Bay, they have generators or large pumps up on the roof on top of the penthouses. They have them on vibration eliminators, huge springs, and they vibrate and there is no vibration to the apartments below, which is saying pretty much for the engineering. COMMISSIONER THOMAS: Let me ask you a question, can -- because I don't know how compatible the chillers are to the generators. Couldn't they both be enclosed in the same structure so they're -- COMMISSIONER PEDONE: Not normally, no. Normally, you keep -- normally, a generator is put in a separate building, a separate area. COMMISSIONER THOMAS: So then -- so then to make me happy, they would have to do something to the chiller as well as putting the generator in a separate building. COMMISSIONER PEDONE: Correct, and that's, I think, that's a little impossible to move the chillers at this point. COMMISSIONER THOMAS: I didn't say move them because, you know, I said I don't want to do the impractical, but somehow we've got to resolve both issues. COMMISSIONER PEDONE: 'Well, you know, just strictly from my point o~-iew, I think enclosing and taking the necessary precautions for sound and for fumes, they could probably leave it right where they want to put it but, you know, just do it right. Now, the only other thing they can do is do it all, let them do it, give them the okay and then immediately afterward, run a test, and if that test is not within the guidelines, tough luck, shut it down. CHAIRMAN DAVIS: Let's make one thing clear here. COMMISSIONER THOMAS: I can live with that too. CHAIRMAN DAVIS: The chilling -- the chilling -- chillers -- COMMISSIONER PEDONE: Cooling towers. CHAIRMAN DAVIS: Cooling towers, thank you. COMMISSIONER PEDONE: But the chillers are in the room and the chillers chill the water. The water goes to a cooling tower. The cooling tower -- the water takes heat out, and that's how you get air conditioning, it cools the water, but there's a chemical put into that water so it doesn't rust the pipes as quick as it would if it was plain water, and that chemical is probably what's causing the landscaping to die. CHAIRMAN DAVIS: We've dealt with that problem. Mr. -- Mr. Mulhere made a note and I'm sure he or PLr. Milk is going to go back and talk to Linda Sullivan, our code enforcement director, and that's going -- that problem's going to be remedied because that's a separate Page 44 16G 2 May 1, 1997 issue to me. COMMISSIONER THOMAS: It's a separate issue from the standpoint of the violation of the code, but to me, it's desirable to put all your utilities in one location and if we can encase that in one big building, you know, and get it all in control then I think that's a win-win. · COMMISSIONER PEDONE: Well, I think what they have, this courtyard, I'll call it that, where they want to put the chillers right now, all they would have to do is put a roof on it and now they have an enclosure, and then soundproof it sufficiently. COMMISSIONER THOMAS: That's exactly what I'm saying, exactly what I'm saying. CHAIRMAN DAVIS: Mr. Budd? COMMISSIONER BUDD: I'd be supporting -- be supportive of anything that would require them to come in compliance with the sound requirements and lastly being mechanical equipment, it needs to be held to the most stringent requirement, which is the nighttime requirement. So effectively, daytime is still going to have to fall below 55 decibels. I think it's beyond the appropriateness or purview of this board that we give them the means to achieve it. I don't think we should say it has to be enclosed or it has to be this or it has to be that. However they do it, it's their problem, but the thing needs to produce 55 decibels or less, and I also think that as soon as it runs over and it's tested, we shut them down, that it's their obligation to take whatever means necessary, and if they can't perform, then they're going to have a million dollars worth of cast iron out in the side yard that can't be run, and I think we need to put that -- .... COMMISSIONER THOMAS: Okay. If we allow them to go on and do it and get the thing right, and I'm not only talking about sound, I'm talking about vibration and odor, they need to come back here quickly, and I like the idea of letting them do it, run it and then coming back. COMMISSIONER BUDD: Code enforcement can be out there the second Mr. Ross or any of the other neighbors call them up and say, you know, it's been running for two days, but come down here and take a look. It'll be back before a year or six months, or whatever time we put on it. COMMISSIONER THOMAS: I think we need to be more proactive and send staff out there to check it after -- COMMISSIONER BUDD: That would be fine. COMMISSIONER THOMAS: And let them run it for a couple days, even though it's not needed, but run it for a couple days, and then deal · with it. I just want to protect the neighborhood because if this came to us on the front end -- MR. MULHERE: We would have done it. COMMISSIONER THOMAS: -- before any code violation, then my attitude would be totally different, but it took a red tag, with a violation still out there that wasn't red-tagged, for it to come to our attention. So my attitude is they've got to prove it before they Page 45 Zi May 1, 1997 can use it. That's my attitude. I don't care what they do or how they fix it, but they got to prove it before they use it. COMMISSIONER BRUET: But gentlemen, keep in mind, once a facility is up running, a million dollars is invested and someone's going to stand out there with a decibel unit and say, oh, you're five over, you're six over, they're not going to remove the facility. You're not going to shut it down. Once you've built it it's up. It's going to COMMISSIONER PEDONE: Yeah, but then they'll turn around and do what they have to do to reduce that sound even further. You can always reduce the sound more by adding sound deadening materials to both the roof and the walls and to the muffler. Right now, one of the biggest problems is that the muffler is probably exposed. It's right out there to the weather, and that is loud. A muffler is extremely loud. When it's enclosed in a building, then you have to insulate that muffler and the you're insulate -- the material you're using to insulate it for heat is also soundproofing and you can add soundproofings on top of that. So that's where the majority of the noise is coming from. The vibration is probably the isolators, but the noise is most probably the muffler and the exhaust pipe. MR. MULHERE: Mr. Chairman, I think that -- we were -- we were concerned -- we wanted to require that they fall within the parameters of the code. We also wanted to provide for some aesthetic separation. I mean, that's something that hasn't been discussed, but some aesthetic separation, the wall, the landscaping, so that when you looked out, you didn't see these two white trailers with a muffler sticking out. '-We also weren't sure that the mitigation proposed by the petitioner would achieve the results that the staff wanted to see achieved. That's why we put the time frame on it. Discussion today about the chillers, I think, is pertinent to the decision that's made and I think that if, you know, that staff would require that that issue be addressed at the same time, we're gonna take the opportunity to address that issue as well. I mean, so I think that we're going to go back and take a look at the issues and that even our recommendation would have been somewhat different in terms of -- of how they would achieve the attenuation of that sound, and I think, for example, as Mr. Ross said, the wall that they're proposing, you know, does not address the existing structure that houses the chillers, and that may need to be addressed as well to bring it totally into compliance, and you would think that they would want to do that rather than have to come back again. MR. OATES: If we red-tagged their chillers tomorrow morning, what happens? They don't have any air conditioning. COMMISSIONER BUDD: It gets hot in the Marriott. MR. MILK: That's correct. MR. OATES: So do we in fact want to put them out of business? COMMISSIONER BRUET: That isn't gonna happen. CHAIRMAN DAVIS: No, no, it's going to be a situation where Page 46 16G 2 May 1, 1997 they're gonna -- COMMISSIONER THOMAS: Can I ask Miss Student something? CHAIRMAN DAVIS: -- work it out. MR. MUL}~RE: This is an opportunity to look at that issue as well and resolve -- COMMISSIONER THOMAS: I'm dealing with both issues also. Miss Student, can I ask you a question? What if we decide to continue this thing for three months and allow the petitioner to go in and fix everything that he's got to fix, have a test run for a couple of days and then we can decide on it then, can I do that legally? MS. STUDENT: I think you can continue it, but when you continue it, you haven't ruled on the matter, so, you know, I don't know how you can actually force them to do any of these things. COMMISSIONER THOMAS: But the point is, I cannot -- I checked the boxes up to it, I cannot deal with the mitigation because I don't know whether mitigation works, you understand? MS. STUDENT: No, I understand. COMMISSIONER THOMAS: My staff can't tell me whether mitigation will work. MS. STUDENT: I think -- CO~ISSIONER THOMAS: Everybody is just talking about noise. I'm talking about fumes and vibrations. MS. STUDENT: I think that it may be -- the petitioner may be interested in agreeing on the record to that because they have -- I think have to agree to the continuance, so as part of the agreement for continuance -- COMMISSIONER THOMAS: What do you mean, they've got to agree to the continuance? MR. MUI2fERE: Well -- COMMISSIONER THOMAS: Excuse me. What do you mean, they've got to agree to the continuance? MS. STUDENT: Well, usually we ask the petitioner whether they agree whenever some -- they don't have to, but we usually ask them if they did. MR. MULHERE: I -- COMMISSIONER THOMAS: We can either -- we can either deny this thing today, we can continue it to a further date when we have more information to determine whether the mitigation works, or we can approve it. I'm not going to approve it today. MS. STUDENT: Well, I also think that if the mitigation -- if you do approve it and ultimately, of course, it has to go to the board of zoning appeals, which is the board of county commissioners, and your approval today is a recommendation to them, I believe that if the · mitigation doesn't work, that somehow it could be brought back, I don't know if it would be in the code enforcement scenario but I think there's another way to deal with it. MR. MLU-JqERE: But -- COMMISSIONER THOMAS: But if I continue it, it can't go to the county commission, can it? MS. STUDE/gT: No, but what you -- Page 47 16G 2 May 1, 1997 COM/~ISSIONER THOMAS: Thank you. Let's do it that way. MR. MULHERE: I -- I -- no, I would disagree with that. I believe it can go to the county commissioners. COF~4ISSIONER THOMAS: Without a recommendation from us? MR. MULHERE: That's correct. COM/4ISSIONER BRUET: I think I've heard of that happening before. COMMISSION-ER PEEK)NE: But if we turn around and we approve it, but with the stipulation that all the codes are met as far as the sound transmission, the fumes, the -- COMMISSIONER THOMAS: They've got no codes for the fumes, do you? MR. MLrLHERE: But I think we're talking about the same thing. I think you can achieve what you want to achieve by approving it with a condition or recommending approval with the conditions, whatever conditions you deem appropriate, whatever you deem appropriate, and put a time limit that it has to come back and make sure it is addressing those issues. It's the same -- whatever you deem appropriate and put a time limit that it has to come back to make sure it is addressing those issues. It's the same -- it gets you to the same place. MS. STUDENT: Yeah, I think that gets you to the same place. COM/4ISSIONER PEDONE: I think that they need the opportunity to put that generator there, but they also have to conform to the -- to the codes of the county and to the feelings of the neighbors. MR. OATES: Plus the chiller, or the cooling tower or whatever. MR. MLrLHEP~E: Whatever conditions you put on it. MS. STUDENT: Well, now, the conditions have to relate to this conditional use. If the cooling tower isn't a part of it or somehow reTa~ed, that is a different issue. MR. MULHERE: But you couldn't make the finding that it has to be completely enclosed and attenuate the sound. MS. STUDENT: Right, absolutely. COMMISSIONER PEDONE: A cooling tower can't be enclosed. COMMISSIONER THOMAS: I understand, sir. CHAIRMAN DAVIS: Excuse me. Those in the public, we had the public hearing. It's now closed. I'm sorry, but the opportunity was there. COMMISSIONER THOMAS: Okay. I'm ready. CHAIRMAN DAVIS: Any more discussion on the issue? Okay. A motion? COMMISSIONER THOMAS: Yeah, I'm going to recommend that we recon=nend to the commissioners to approve this with the following stipulations; that the total facility be totally enclosed and properly soundproofed to protect against sound, vibration and odor and that the petitioner report back to us three months after the completion of the installation with documentation that he's met all of those standards. MR. OATES: Three months? COMMISSIONER THOMAS: Three months. MR. OATES: After the completion of the -- COMMISSIONER THOMAS: After the completion, yes. Page 48 16G May 1, 1997 MR. MILK: That would be after the CO for the building, construction and all -- COMMISSIONER THOMAS: Yes. MR. OATES: I'll second. COMMISSIONER BUDD: Mr. Chairma that only on the point of b-~ ..... ~ I would not be able to support =~ uoually enclosed. I don't think that we should determine the means or the methods, but I think we should determine the performance standards. I don't care if they hang up gauze drapes or whatever they do. COMMISSIONER THOMAS: Okay. I'll amend it that he has to make the necessary changes to -- COMMISSIONER BUDD: To comply with the -- COM~ISSIONE~ THOMAS: -- to comply with the noise, because I'm not satisfied we ye got a strong enough vibration ordinance or odor ordinance, but the noise concerns, the odor and the vibration COMMISSIONER BUDD: I can support that. · COMMISSIONER PEDONE: And Mr. · ease W~th' the three mont ~ ~ ~ . Chalrman, I'm not co that whether or not ,R~_h~ ~.=hlnk you'll know muir ..... · s going to work and I wou~ second time that they start it ~ ~n~ ~rs~ or ~ether or not the .......... u~.on a test, the neighbors will know · = ~= o~,~x~lng 1= or whether or not they're hearing COMMISSIONER THOMAS: I'll change it to 30 days. CHAIRMAN DAVIS: Wait. Isn't -- isn't there a mechanism by where to receive a certificate of occupancy, a qualification can be put on it that there will be a field test performed? MR. MULHERE: Yeah, they can get a temporary CO. CHAIRMAN DAVIS: A temporary CO so that the county can go out -- .... MR. MULHERE: Yeah, we can test it. They ~a~. ~est run it. I mean, the idea is that they need six months, I =nlnK, we now know, is not necessarily true because it can be run for any period of time to test run it. COMMISSIONER THOMAS: then. Okay. They can bring it back in 30 days CHAIRMAN DAVIS: So let me understand the motion here· COMMISSIONER THOMAS: MY motion is now -- mY motion as amended is that we conditionally approve it with the stipulation that they'll take necessary steps to mitigate against the noise, vibration and odor, and that they're required to come back to us within 30 days of a temporary CO to prove to us that these conditions have been met. COMMISSIONER PEDONE: And also one other thing, aesthetically pleasing. COMMISSIONER THOMAS: Aesthetically pleasing. That's my motion. Do you still second it? MR. OATES: Yeah. CHAIRMAN DAVIS: Okay. Discussion. Mr. Bruet. COMMISSIONER BRUET: I don't see how we've done anything that the ordinance doesn't already say. That's said is what the county ordinance says what it says. What you just other than with respect to Page 49 16G l May 1, 1997 vibration, perhaps, I mean, I -- I think that's -- if you consider a $50,000 annual savings, ten years, a half a million dollars, you mean to tell me that the Marriott Hotel cannot afford to find another site for that and realizing there's underground expenses that come over and tie in electrically, I understand all of that, but I still -- you'll never convince me, well, I shouldn't say never, but it would be very hard to convince me that this is compatible to neighborhoods that are within a hundred feet; never. CHAIRMAN DAVIS: I've heard the generator, or at least I think I've heard it down at the hospital, and Mr Pedone spoke about before, and what I agree with you, Mr. Budd, we have to say these are the performance standards that our code requires. This is a conditional use, which is something different. It takes that extra -- extra look-see, if you will, where, no, we can do more than what the code says because of the situation. Yes. MS. STUDENT: First of all, I want to address the issue that came up about the mitigation, and my opinion, we've done it before, it's entirely within your authority it prescribe whatever means you feel is necessary, based upon the testimony of staff and the public and anyone else, to do whatever's necessary to mitigate. I have a concern the way the motion was amended, I don't have a problem with the decibel level, because we have an objective standard. Do we have an objective standard for vibration? Do we have an objective standard for odor? That is a concern, because you have not come up with an objective standard to guide the petitioner or to guide staff or to guide anybody in how to check this out. And I mean, legally, you have a problem wi%h~ut standards to guide the petitioner or to guide staff or to guide anybody in how to check this out and I mean, legally, you have a problem without an objective standard. COMMISSIONER THOMAS: And that's why I've had a problem all along, because I know we didn't have one for noise -- I mean for odor and vibration and I don't know enough about it. I was yielding to Mr. Pedone, and I'll go back and yield to Mr. Pedone if he says to enclose that. I mean, can't we say, like the hospital and like development service's generator? Can we do that? CHAIRMAN DAVIS: No. MS. STUDENT: I think you could state -- COmmISSIONER PEDONE: Not development services. The hospital. COMMISSIONER THOMAS: The hospital? The hospital's about the same size? COMMISSIONER PEDONE: Yeah, the hospital is -- well, but that doesn't just take care of emergency lighting. MS. STUDENT: You could state that it needs to be enclosed, and whatever, you know, general features. That's different from when you're saying there won't be any noise or there won't be any odor. Then you need to come up with an objective standard of how you measure it. Page 50 16G 2. ~ay 1, 1997 but it's different to prescribe conditions for enclosure. COMMISSIONER THOMAS: Okay. I'm going to go back and put it -- and totally enclose it. MP.. 0ATES: Well, he just said you can't enclose -- COMMISSIONER PEDONE: You can't enclose cooling towers. COMMISSIONER THOMAS: I didn't say anything about the cooling towers. COMMISSIONER ?EDONE: You've still got to let the smoke go somewhere. You can't keep it inside. COMMISSIONER THOMAS: Whatever they did at the hospital. I'm not technically proficient. Whatever they did at the hospital that made it work, let's do it here. MR. MILK: And we're talking about the generators at this point? COMMISSIONER THOMAS: The generators. COMMISSIONER PEDONE: The generators. COMMISSION'ER THOMAS: I'm not dealing with the cooling towers. CHAIRMAN DAVIS: Let's be clear here. too. MR' OATES: Yeah, but we need to deal with the cooling towers MS. STUDENT: We can't deal with that in this hearing. This hearing is only for the generators and that cannot be dealt with in this -- MR. OATES: Well, what are we going to do tomorrow when they shut them down, when they red tag them and shut them down? MS. STUDENT: Well, that's a code enforcement matter. That's not within the purview of the planning commission. COMMISSIONER THOMAS: They won't have any air conditioning at night, period. -MR. OATES: Well, they won't have air conditioning in the daytime either. COMMISSIONER THOMAS: Why not? COMMISSIONER OATES: Well, 59, I guess they would. COMMISSIONER THOMAS: They just won't have any at night. COMMISSIONER OATES: I still think it's a very practical matter that needs to be dealt with, and I'm sorry that -- COMMISSIONER THOMAS: No, no, I agree that it needs to be dealt with, but legally we can't deal with it at this particular juncture, but when we throw in the extra caveat of aesthetically pleasing, would it make sense for them to -- COMMISSIONER OATES: We could if we continued the hearing. MR. MULHERE: Code enforcement wouldn't shut them down anyway. There are legal procedures. If code enforcement were to red tag it, they would have 60 days to respond, then they would have certainly their attorneys and, you know, there are -- I mean, they would have to address the situation, no question, but I don't think that there's an imminent threat of the Marriott air conditioning system being shut down. CHAIRPIAN DAVIS: And the reason I said that before is there's no question in my mind, the people from the Marriott are going to do their very best to deal with a current noise violation if in fact they Page 51 16G 2 May 1, 1997 have one. That, we've dealt with. We're done with that. Now we're talking about a conditional use for the generators. with COMMISSIONER THOMAS: To restate my motion for the third time, with a slightly different twist this time: conditionally approve it the following stipulation that they totally enclose the generators to mitigate against the sound, the vibration and the odor; that they do it in an aesthetically pleasing way to be com~)atible with their surrounding utility facilities, and that they be required to come back to us 30 days after a temporary C0 to prove that the mitigation works. Period. Okay, Mr. Oates? M~. OATES: Yeah. Not really, but yeah. CHAIRMAN DAVIS: Tell you the truth -- COMMISSIONER THOMAS: Now, by doing that surrounding but they're compatible to -- they've got to do something with the chillers also. CHAIRMAN DAVIS: I would like to know before I vote on -- on this issue, I would like to know the standards by which the hospital operates so that -- so that I could -- I could give the petitioner definitive standards that we're saying you need to meet. COMMISSIONER BRUET: Can -- Michael, how close are residential neighborhood __ how close is the residential neighborhood -_ COMMISSIONER PEDONE: Right across -- well, the generator that I'm talking about, the large one, which is next to the emergency building up on the roof next to Day Surgery, doesn't face any residential. It's facing the little parking delivery area. It's got Day Surgery below it, and it's got the helicopter landing pad right there. COMMISSIONER THOMAS: I know exactly where it is, and it makes no noise.' CHAIRMAN DAVIS: But it's fully enclosed, Mike? COMMISSIONER PEDONE: It's fully enclosed. COMMISSIONER BRUET: And there's no one around it, apparently. There's no residential neighborhoods around it. COMMISSIONER THOMAS: But you've got hospital beds right one story above it. -_ COMMISSIONER PEDONE: Well, yeah, you've got maybe another 40 or 50 feet and then you have the hospital building itself proper, and so you have rooms there, but the building in between it is totally soundproofed also. COMMISSIONER THOMAS: Okay. So -- MR. MILK: The issue here is also -- is they can design a building like that because tYpically they build block wall, they backfill it with sand, put the acoustical sound blocks inside. What's important is the ventilation for their generators. They've got to pull air inside and spew it out some way with the exhaust. COMMISSIONER PEDONE: Yeah, you have to have louvers. MR. MILK: So that's completely open -- -- and that's why they wanted the COMMISSIONER THOMAS: They've got mechanical ways to do it. Page 52 168 2 May 1, 1997 MR. MILK: -- roof, but I'm sure they can technically design -- COMMISSIONER PEDONE: You need air intake for the engine to run which could be put on the side facing the Marriott. MR. MILK: And then some kind of an exhaust through the top or whatever. COMMISSIONER THOMAS: And blow it out over to North Collier. Don't worry. MR. MILK: There's no doubt about that. COMMISSIONER THOMAS: Let's vote and get out of here, please. MR. MILK: But I've seen them built and I think they could do that also. CHAIRMAN DAVIS: I think if the -- we've got to have an objective standard to give to the petitioner and we don't have one and the importance of this is -- COMMISSIONER THOMAS: Can we reference the hospital? CHAIRMAN DAVIS: Excuse me. The one lady stated this is the first one of these on Marco. MR. MILK: That's correct. CHAIRMAN DAVIS: There's -- may be more -- COMMISSIONER THOMAS: Well, can't we -- CHAIRMAN DAVIS: -- and since there may be more, I think we need to have that standard here at the beginning for -- because once this one's in, then we know how it works. Everybody points at it and says, no, I want to do mine like them. COMMISSIONER THOMAS: Can't we just point to the hospital now? MR. MUL~: I don't know what standards they have used. COMMISSIONER PEDONE: .Well, can't we just say to eliminate all noxious odors? I mean, everyone knows what that is. ..... M~. STUDENT: Mr. Chairman? CHAIRMAN DAVIS: Yes. MS. STUDENT: I had -- I didn't have a problem with the enclosure, because -- idea, because it seems to me that that could eliminate or mitigate all the problems. It was when we were coming up with an idea that should be done in such a manner without specifically stating what that was, and then there were no criteria for a couple of the things, but it seems as though, and I'm by no means an expert in this area, I'm an attorney, that if it is enclosed, that there's certain things that have to be done that would mitigate these other problems, and if there's something that you could refer to as to the way the hospital was done, I think you could incorporate that by reference. I don't know what it -- what it is whether it's some kind of plan or whatever, but -- ' MR. MULHERE: But we don't know what that is. COMMISSIONER THOMAS: But the fact of the matter is, they're going to still have to come back to us 30 days after CO, at which time all these folks that are in here who would have had a chance to see it run can say to us, they've done a good job; no, they haven't got it yet. MR. MULHERE: May I make one other suggestion? As a potential addition to the motion, might be that the applicant provide us with -- Page 53 16G 2 May 1, 1997 with evidence that the vibrations are not discernible at the closest property line and that -- and I'm sure that you can measure or determine the fumes as well at that location when it's running. I'm sure that there's a way to capture that air and test that air for, you know, levels of noxious fumes. COMMISSIONER PEDONE: Yeah, there's test equipment for that. MR. MULHERE: So I think that those two tests are very objective and can be done when that thing is running, both vibration and -- COMMISSIONER THOMAS: Okay. The last stipulation is that we will use a scientific testing method to ensure that the vibration and the noise and the odor do not affect any property surrounding it. MR. MULHERE: Closest property at the closest property line. COMMISSIONER THOMAS: Closest property line. Okay. MR. MULHERE: Because that will address the other ones further away. COMMISSIONER THOMAS: Okay. Does that help? COMMISSIONER OATES: I have a question. When they come back to us, when the Marriott and Lee County come back to us, are these property owners gonna be notified again or not? COMMISSIONER THOMAS: Yes. COMMISSIONER OATES: And I think they should be, obviously. MR. MULHERE: Yeah, we can do that, no problem. COM/~ISSIONER THOMAS: Yes, because I want them to come back before us. CHAIRMAN DAVIS: That's the part I don't quite understand. MR. MULHERE: Well, we have made stipulations before in the past requiring a property owner to come back and in terms of measuring the level of performance. We have done that before with environmental stip~lations and other stipulations. It has been done, and we could do that here. I think it would help to clarify that additional mitigation may be required at that time to address the problem. CHAIRMAN DAVIS: But can't that be a function of the issuance of a CO? MR. MULHERE: We can give them -- we can give them a temporary CO whether or not they come back here or that we deal with it. COMMISSIONER THOMAS: I would really like it to come back to us. COMMISSIONER OATES: If Mr. and Mrs. Ross come and Mr. Ross, Sr. come in and say, gee, it's working fine, there's no vibrations, there's no noise, there's no smoke and we're happy about it the way it is, then I'd feel a lot better about it, but if they're not going to be involved in the process -- COMMISSIONER THOMAS: I've got a real problem. COMMISSIONER OATES: I'd have a problem -- I do too. COMMISSIONER THOMAS: And if they come back, then we have a standard by which we can say anybody else on the island, this is what you've got to do. MR. MILK: We can renotify -- COMMISSIONER THOMAS: Can I ask for the question then, M~. Chairman, please? CHAIRMAN DAVIS: Any other discussion? Page 54 May 1, 1997 Hearing none, all those in favor signify by saying aye. Opposed? COMMISSIONER BRUET: No. COMMISSIONER THOMAS: Okay. I've got a question of the county attorney. CHAIRMAN DAVIS: Four or -- five -- yeah five to one, Mr. Bruet -- -- COMMISSIONER THOMAS: And one abstention. CHAIRMAN DAVIS: I'm sorry, Mr. York abstaining. COMMISSIONER THOMAS: I've got a question. MS. STUDENT: Yes. COMMISSIONER THOMAS: I have real uncomfortability with saying the effects of -- can I put there, to be determined in the future? MS. STUDENT: Which one are you talking about in your finding of fact sheet? The noise, odor, glare? COMMISSIONER THOMAS: Yeah, the noise, odor, glare. MS. STUDENT: Why don't you, if you wish, why don't you write in -- cLeck it off okay and then put the mitigation plus -- I think you can do that, or with -- you could be more general, state with stipulations as set forth in CCPC meeting of -- CHAIRMA/g DAVIS: It says right on the form, effect mitigated by our action today. MS. STUDENT: I don't think I -- COMMISSIONER THOMAS: Our action today to be ratified 30 days after temporary CO. -_ MS. STUDENT: But the record, that's all part of the record, so COMMISSIONER THOMAS: 'Okay. I'll just put our action. ..... CHAIRMAN DAVIS: All right. Petition NUA-97-1 -- COMMISSIONER THOMAS: That's been continued, hasn't it? CHAIRMAN DAVIS: Well -- MS. STUDE2~T: Was it voted on yet as to whether -- CHAIRMAN DAVIS: No. I need a motion to continue -- COMMISSIONER THOMAS: I move that we continue it to the 15th. COMMISSIONER PEDONE: Second. CHAIRMAN DAVIS: Moved by Mr. Thomas, seconded by Mr. Pedone. All those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: That passes %tnanimously. We have an old -- under old business on our agenda, discussion of the workshop we had with the board of county commissioners, but we've got some minutes coming back on that, so why don't we wait. COMMISSIONER THOMAS: I recommend that we do that. CHAIRMAN DAVIS: And unless anyone objects, I'm going to adjourn our meeting for today. Meeting adjourned. There being no further business for the good of the County, the Page 55 May 1, 1997 meeting was adjourned by order of the Chair at 10:59 a.m. COLLIER COUNTY PLANNING COM~ISSION MICHAEL DAVIS, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY HEATHER L. CASASSA, RPR Page 56 1 6 G AGENDA COLLIER COUNTY PLANNING COMMISSION WiLL MEET AT 8:30 A.M., ~ 5, 1997 ~ THE BOA~ OF CO~ COMMISSIONERS MEET~G R~M, ~MI~S~TION B~LD~G, CO~ GOVE~E~ C~ER, 3301 T~I~I ~L EAST, EAST N~LES, FLO~DA: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOA, AD WiLL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. I. ROLL CALL BY CLERK 2. ADDENDA TO T~E AGENDA 3. APPROVAL OF MINUTES: April 17, 1997, ApriI30, 1997 and May 1, l~,~ilc' COt'rcs: 4. PLANNING COMMISSION ABSENCES: BCC REPORT 6. C~A~A~S ~PORT 7. ADVERTISED PUBLIC HEARINGS: 00pies ]'0; A. Petition No. PSP-97-2, Blair A. Fol~ of Coastal Engineering Consultant~, Inc., representing Revco Holdings, Inc., requesting Preliminary Subdivision Plat approval for Glen Ed~ Lake~ located on Vanderbilt Drive (C.R. 901) in the western halti of the Village Place PUD, in Section 9, Township 48 South, Range 25 East, cor~isting o/'41.64 acres. (Coordinator:. Ray Bellows) (Continued from May 15, 1997) B. Petition No. BD-97-12, Wayne Fur/ey of Custom Dock & Repair, Inc., representing Walter Decker, requesting a 5 foot boat dock extenainn to allow for a 25 foot boat dock and boat lift for property located at 170 Dan River Court, further described as Lot 17, Block 60, Marco Beach, Unit 2. (Coordinator: Susan Murray) C. Petition No. BD-97.13, Donald P. Ricci, Sr., of'Marco Marine Cor~trucfion, representing Donald E. Glesmatm, requesting a 13 foot boat dock extension for a 33 foot boat dock and boat lift for property located .at 731 Austin Court further described as Lot 15, Block 381, Marco Beach Unit 12. Nor r I $ Hancock Constant ~ ne~---~"~ 2 D. Petit on No. BD-97-14. Miles L. Scofield. representing Mike Stevens. requesting a 15 foot boat dock extension It allow for a 35 foot boat dock and boat lift for property located at 223 Bayfront Drive. further described as Lot 19. Bayfront Gardens. (Coordinator: Fred Reischlt E. Petition No. BD-97-15, Jerry Neal of Turrell & Associates./nc.. representing Dela Park South. Inc.. requesting a 45 foot boat dock extension from the requxred 20 feet to allow a boat dock facility w~th 16 slips and lifts protruding 65 feet into the waterway for propervy Iocalcd al 1020 Collier P, ouicvard South, further described as Lot 3. Block 587. ,Marco Beach Unit 21. Coordinator: ('bahrain Badamtchian) F. Petition No. TU.97- I E. Sieve Jacobs of Sterling Oaks, representing Elaine K. Faulkner. requesting a 3 year extension ora Temporary Use Permit for a Model Home at 1371 Old Oak Lane. Sterling Oaks, PUD. (Coordinator: Fred Relschl) G. Petition No. PSP-96.7. Robert Duane of Hole. Montes & Associates, Inc.. representing ttarbor Development. Inc.. requesting Preliminary Subdivision Plat approval for Fahkahatchee single family resort at Port-of-the-lslands. located in Sections 4 and 9. Township 52 South. Range 28 EasL consisting of 184_~ acres. (Coordinator: Ron Nino] H. Petition No. PDI-97-2. Barbara H. Cawley. AICP. of Wilson, Miller. Barton & Peek. Inc.. representing The Moorings, Incorporated' reques,ng an insubstantial change to the Moonngs Park PUD Master Plan to create a more generic plan to move the existing nursing facility to a new health center for property located on thc east side of Goodlenc-Frank Road (C.R. 851) in Section 15. Township 49 South. Range 25 East, Collier County. Florida. consisting of 82.94 acres, more or less. (Coordinator: Susan Murray) I. Petition No. PDI-97-3, Robin Blandy Ca~..er. AICP. of Wilson. Miller Barton & Peek. Inc.. representing Taylor Woodzow Commumties. requesting an insubstantial change determination to the Southamnpton at Naples PUD Master Plan by redesignating the southeastern residential parcel from it's current R-1 designation, to R-2, in Section 26. Tov, T~ship 48 South. Range 26 East. (Coordinator: Ron Nino) J. Petition No. V-97-3, Charles Holland requesting a 6.4 foot variance from the required 20 foot rear yard setback to 13.6 feet to allow for an addition and conversion of an existing garage, storage area and dwelling into a duplex dwelling for property zoned R.MF.6 and located at 2721 Van Buren Avenue, further described as Lots 38-40, Craigs Subdivision, in Section 14. Township :50 South. Range 25 East, Collier County, Florida. (Coordinator: Ray Bellows) K. Petition No. V-97~, Gai] $. and Linda T. Hafner, requesting an after-the-fact variance of 29 feet from the required 73 foot rear setback to 46 feet for property located at 1181 . 25'" SIreet, S.W., further described as the south 180 feet of Tract 10S, Golden Gate Estates, Units I$, in Section 13. Township 49 South, Range 26 EasL Collier County Florida. (Coordinator: Chahram Badamtchian} L. Petition No. PUD-97-7, Thomas E. Killen, representing Progeny Corporation, requesting a rezone from "l" Industrial to PUD to be known as Progeny Commerce Center for lndus~al uses. located two blocks east of Airport Pulling Road on the north side of Radio Road, in Section .36, Township 49 South, Range 2.5 East. Collier County, Florida, consisting of 9.27 acres. (Coordinator: Ron Nino) M. Petition No. CU-97-10, Robert Duane, AICP, of Hole, Montes & Associates, Inc., representing Scacrest School. requesting Conditional Usc "4" of thc "E" Estates zoning disPeL for a school, for property located 7100 Davis Boulevard (S.R. 84) in Section g. Township 50 South. Range 26 East, Collier County. Florida. consisting ofg.8 acres, more or less. (Coordinator: Ray Bellows} 168 2 N. Petition No. CU-97.12, United Cerebral Palsy orSoumwest Florida, Inc.. requesting Conditional Use "1" of the "I" Industrial zoning district tot adult day cate for property at 1787 Trade Center Way, further described as Lots $4 & 55, Trade Center o£Naples, in Section I I, Township 49 South, Range 25 Fast, Collier County, Florida, consisting of 1.23 acres. (Coordinator: Chahram Badamtchian) OLD BUSINESS NEW BUSINESS DISCUSSION OF ADDENDA ADJOURN 6-5-97 CCPC AGENDA/md MEMORANDUM D~ T~ Fr~r~ RE~ May 28, 1997 Pelican Bay Advisory Committee lames P. Ward Naples City Council Workshop For your information, the Naples City Council will be holding a Workshop at 1:30 P.M. on Monday, lune 2, 1997 in the Council Chambers to discuss the Clam Bay Restoration and Management Plan. Both Mr. Ted Brown and Dr. Hillestad will be attending this meeting, should you desire to attend. 16S Naples, Florida May 7, 1997 LET IT BE KNOWN, that the Pelican Bay MSTBU Advisory Committee met in Regular Session on this date at 3:00 P.M. at the Foundation Center, 8962 Hammock Oak Drive, Naples with the following members present: Dr. Alan Varley, Chairman Mr. George Wemer, Vice Chairman Mr. Thomas Brown Mr. Rodkey Craighead (Absent) Mr. Frederick Flatto Mr. Edward Griffith Mr. Glenn Harrell (Absent) Mr. Herbert Hasson Mr. George Hermanson Mr. John Hoyt Mr. Russell Mudge Mrs. Cora Obley Mr. Anthony Pires Mr. Charles Popper (Absent) Mr. Bemon Young ALSO PRESENT: Various residents of Pelican Bay (approximately 10); Mr. James P. Ward, Division Administrator and Mrs. Barbara Smith, Recording Secretary. AGENDA: Roll Call Approval of the April 2, 1997 and April 9, 1997 Minutes Consideration of request by the Pelican Bay Foundation to address the Advisory Committee relative to the inclusion ofbike path lanes within the road right-of-way for Pelican Bay Boulevard and CmlfPark Drive. Committee Requests and Audience Comments StaffReports (A) Administration - Discussion of Fiscal Year 1998 Budget time schedule - Proposed Meeting - May 20, 1997 at 3:00 P.M. Adjourn Dr. Varley called the meeting to order and asked that the Record show Messrs. Rodkey Craighead, Glenn Harrell and Charles Popper with excused absences. APPROVAL OF MINUTE F THE APRIL 2 1997 MEETING: ey moved, seconded by Mr. IFerner and approved unanimously, the Minutes! of the Aprt'12, 1997 Meett'ng. 2387 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 16G 2 of the April 9,199 7 Meeting. C N IDERATI N OF RE EST BY THE PELI AN BAY ~ ADDRESS THE ADVISORY O MITTEE RELATIVE TO THE IN LUSION OF BIKE PATH LANES WITHIN THE ROAD RI HT-OF-WAY BOULEVARD AND GULF PARK DRIVE: ~ Mrs. Shirley Porter spoke addressing the issue &bike paths. At the Foundation we get a lot of complaints about bikers and rollerbladers taking up our streets. As a Board Member and looking into the future we know that there are going to be more people, more bikers, more cars and more rollerbladers on our streets. We feel we need to address this now instead &waiting for the build out of Pelican Bay. It is a hazard for bikers and rollerbladers taking up part of our streets. We contacted Mr. Ward about doing this and it is possible. We have twelve feet (12') lanes and we could bring them down to ten feet (10') and have a four (4') bike lane. With the medians in the center and two lanes on either side we would have plenty &room Mrs. Porter continued that when you speak of bike lanes the first thing everybody thinks of is Crayton Road. Crayton Road is only a two lane road and you have traffic coming from both directions, whereas we are just requesting it on Pelican Bay Boulevard and Gulf Park Drive where we have four lane roads. This will help the safety of bikers, bladers and traffic. Putting the bike lanes in will help people use the lanes. It will not solve the problem, but I feel most people ~,'ill use the bike lanes. I talked with the ShefiWs Department and it can be enforced. Right now if they are in the street there is no way of enforcing it. It is an enforceable thing that we can do and 2388 PELICAN BAY ADVISORY COMMITI'EE MAY 7, 1997 16G 2 I think it would help the community, make it a safer community and would request that you address this with the County. Mr. Werner stated that this was brought up before us several months ago and at that time -~meone from the Sheriff's Department stated that they could not in all practicality enforce it. Deputy Emie Gangl replied that in order to enforce this according to the Statutes, if you have someone on a bicycle they have the same right on the roadway as a car, as long as they adhere to the stop signs and all regulations. It is not legal for bikers to ride two abreast. Ifyou have a bike path, they have to be within that bikepath as a designated area. If you have a designated area, then we can pretty much enforce that they stay on that bikepath and not in the roadway. Mr. Hasson stated that he seldom sees a biker obey stop signs. Deputy Gangl replied that nine times out of ten if an officer sees this happen, something will be done, but it has to be done in his presence. A majority ofthe time when this is done in an officer's presence, he will take action. Dr. Varley asked if there were bike lanes they could be enforced, as the rules are now, to use the bike lanes7 Deputy Gangl replied in the affirmative. Mr. Werner asked how you enforce that, if somebody is riding outside of the bike lane and they have no identification7 Deputy Gangl replied that they have ways of getting their identification if they give us their name and date of birth. We can tell ifthat is the fight person or not, by running it through NCIC because it gives us a complete description of the person. You would be surprised because 2389 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 168 2 we do see in other areas that people do use bike paths versus getting into the road itself` and it does eliminate a lot of'your problems. Mr. Hasson asked if Deputy Gangl would recommend bike lanes7 Deputy Gang| replied that he personally would recommend bike lanes. Mr. Ward asked if Deputy Gangl has the legal authority to issue a ticket to a person that is not riding in a bike path, to the extent that there is a bike path in the road right-of-way7 Deputy Gangl replied in the affirmative. Mr. Gri~th asked if the County Department that Ms. Anita Chapman was the Bike and Pedestrian Designee had been contacted. At one time there were plans for doing something in Pelican Bay. Mrs. Porter replied that Mrs. Gallo talked with Mr. Ward to get the contact people and is not sure who she had contacted. Mrs. Gallo is out of' town today and could not attend this meeting so I am sitting in f'or her. Mr. Ward replied that the County had asked us a year ago and even as recently as two months ago what the community's desires were relative to bike paths. The last time they asked which was September of 1996 this was brought back before you and it was decided not to proceed any further. They had asked a month or to ago and I said that I don't think the Committee has changed their mind but subsequent to that, Mrs. Gallo had indicated a desire on behalf of the Foundation for us to relook at that issue. The County has no intention of doing anything in Pelican Bay unless that is a community based kind of program that you want implemented here in Pelican Bay. 2390 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 Mr. Griffith asked if this was any part oftheir existing master plan that would be part of their funds7 Mr. Ward replied that it will be from their funds, but I don't believe it is in their plan. Mr. Flatto stated that when we reviewed this item there were various reasons that we had negative feelings and had nothing to do at the time with law enforcement. Pelican Bay has a tremendous number of outside people who do not reside in Pelican Bay using our roads and walkways. One of the biggest problems I have seen over a period of a long time is that rollerbladers constitute more of a problem that the bicyclists. A rollerblader needs the full four feet. If you have a pedestrian with that rollerblader then you have problems. There are more rollerbladers from outside ofour community that use our present existing structure. That was one problem we aired and found fault with the complexities of combining bikes, rollerbladers and walkers. From a physical space situation, I would rather see Pelican Bay recommend to the County that we even not allow rollerbladers, because I think very few people who live here are rollerbladers. There is hardly a time when I am by myself that I don't see a group of bikers or rollerbladers and ifwe would do this I can see more oran attraction to those who live outside. Mrs. Porter stated that she feels there are a lot of people from. outside of Pelican Bay, but we cannot stop them because they are County roads. We are not going to resolve the whole problem, but by putting the bike lanes in it is going to help us control it better. Without bike lanes, we are wide open. We are going to have more and more people living in Pelican Bay which will mean more and more traffic, bikers, etc. As a Board we are looking at the future and where are we going to be five years from now. My understanding is, let's do it now while we can. I understand that we are coming up to repaying Pelican Bay within a year or so and that the timing 2391 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 16G 2 is good now. They are County roads, l don't think it is going to bring more people, I think by not having bike lanes it is opening it to bring more people. I think ifyou have a bike lane. it has more control. Mrs. Porter continued that when you put a bike lane in, it is like saying this is what it is for. Without having a bike lane it is an open area and you can do whatever you want. That is what has been happening and is a real hazard. Mrs. Obley stated that she did talk to Mrs. Gallo and she did mention that the reason we should revisit the situation is because of the repaying of the roads. They would then stripe them accordingly with the path and it would in all probability be about two years before we would get them. At first I thought that was just a nuisance, but since the people have asked the Foundation to consider it, although there would be two roads, I guess it would still keep people in the lane and I would wholeheartedly approve our going ahead and recommending to the County that we have the bike paths. Dr. Varley stated that he feels it makes a bug difference ifil can be enforced. Mr. Hoyt stated that on Vanderbilt Beach Road from U.S. 41 to Goodlette Road, that is bicycle only. That is fairly narrow and a sign states "Bikes only". I like that. The rollerbladers are yet another problem. Mr. Flatto asked if we have the right as a Committee to say that Pelican Bay Would only allow bikers or walkers and no rollerbladers? Mr. Ward replied that you may have that ability and the County may be able to work out an ordinance. 2392 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 2 Mr. Hermanson stated that he does not think it is going to help. I bike and I know what bikers habits are. I do not pay attention to all of the rules, but I am usually alone. Early in the morning you have a group often to twenty that go down Greentree. First of all that is not going to be stripped so it will not affect the side streets. Secondly, they will not obey bike paths. When they get to a corner they will go three abreast to protect each other and take up at least the whole lane. It is a/most every day that they come through. Mr. Werner stated that he does not think you are going to do anything outside of having the deputies stop them to solve that problem. One thing that concerns me is that I have measured my car and it is a little over seven feet wide. Ifyou cut the lanes to ten feet per lane that may not be too bad for a car, but when you have moving vans, construction vehicles and delivery trucks the safety issue concerns me. It is hard for me tojustifi~ that this is safer. Mr. Ward explained that the County indicated to the Committee a year or so ago that there were two options. You could reduce the width of the existing lanes to ten to twelve feet and include a two to four foot bike path in them. There is some lead way there. You could go a ten foot lane with a four foot bike path, or a eleven foot lane with a two foot bike path. The alternative is to restripe the roads into a singular vehicular lane and rather large bike path, so you would not have traffic going in the same direction where you could pass. It would be one single lane going down Pelican Bay Boulevard. Mr. Pires stated that he has a concern also about ten foot lane widths. In some of the older subdivisions where they have that, it is just an internal roadway system and only geared for those subdivisions. Even then it gets a little dicey at times. 2393 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 2 Mrs. Porter replied that having a ten foot fane actually makes you slow down and be more cautious as a driver and we do have a speeding problem in Pelican Bay. In general it may just help to slow the traffic down. Dr. Var/cT asked the width of Crayton Road7 A gentleman in the audience replied that he had measured it and it is ten foot lanes with on-coming traffic. Mrs. Porter stated that she has ca/led bikers and asked their opinion and they are in favor of the bike lane, but the first thing they mention is Crayton Road. That road scares me also and I have a tendency to drive that very slowly and cautiously. With two ten feet lanes and a bike lane, I think it going to help the situation. Mr. Hasson asked if we had a right to tell skaters that they cannot use Pelican Bay7 Mr. Mudge stated that we cannot because they are County roads. Dr. VarlcT stated that he thought the proposa/being made was for a four foot wide bike path that would be used by bikers and rollerbladers. Dr. Varley stated that Mrs. Porter stated that the Pelican Bay Foundation was involved in the long range planning for traffic control and safety within Pelican Bay. Is this just part ofyour plan or are there other parts of it and can we see your plan for traffic control7 Mrs. Porter replied that this is fiature planning and that is why we need to do it now. Dr. Varley asked if it were planned to move bikers offofthe berm unto the road7 Mrs. Porter stated that this has been discussed because during the season there are a lot of people wa/king. With the number of trams, bikers, rollerbladers and walkers this has been discussed but not definite decision has been made on that issue. 2394 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 16G 2 Dr. Var/cy asked if this was part of the long range traffic plan that is being contemplated? Mrs. Porter replied that it could be that during season we may during certain hours not a/Iow bikers and ro]lerbladers on the berm. Mr. Griffith asked if we could get the County to attend one of our meetings and make a presentation to us to tell us what they think might be the best way to handle this situation or what they may have in mind to handle the plan. This would give us a little more insight than what we have, to help us make some sort of decision. Dr. Var]ey asked Mr. Ward if'his understanding was right, that if'we go forward with this we would have to go through a series of'public hearings7 Mr. Ward replied that he does not think the County staff'has a strong opinion one way or the other as to this issue. This is more of an issue from the community and ifyou have a desire to have bike lanes within the road right-of-way they will help get that accomplished. If you don't, then they are not going to do anything more about it. The issue that is important is that I am currently discussing with them the resurfacing and restripping of the roads to start sometime next year or the following year, so now is the appropriate time to deal with the issue. In my last conversation relative to how you proceed to do this if'you want to do it, Mr. Archibald indicated that normally they go through some sort of public hearing process within the community to try and get as much community input relative to the restripping of the roads. I assume that position has not changed. Dr. Varley asked who would do that? Mr. Ward replied that his feelings are that the Foundation, Pelican Bay Services Division and the County will have to do it. It should be done when the people are here, not during the 2395 PELICAN BAY ADVISORY COMMITTEE MAY ?, 1997 summer. Probably start it in September or October, the County will Notice it and rely on the Foundation and the Communiqu~ to get the people out to the meetings. Mr. Young stated that it makes sense because the County has spent well over $100,000 for a pedestrian friendly program on a county-wide basis and had an excellent Administrator in Ms. Chapman. She was very good. She is now a consultant for Wilson, Miller and Wilson, Miller is our consultant. I would like to have Ms. Chapman come to a meeting and tell us what she would think about this issue. Mr. Richard Censits, I serve on the Membership and Policies Committee of the Foundation and we spent some time recently discussing this. I think there have been a number of personal opinions and do not believe all of these opinions have facts behind them. Mrs. Gallo and the Foundation have spent a significant amount of time talking with individuals and the issue is coming down to our ability in Pelican Bay as residents to have more control over the traffic flow through Pelican Bay. It is the opinion that two ten foot wide lanes and the bike path will give us more control over our present problems, than if we don't have them. Mr. Werner asked ifMr. Censits would share some of the facts with the Committee? Mr. Censits replied that Mrs. Gallo has presented this information to Mr. Ward and the Foundation Board has approved moving ahead in this direction. Mr. Brown asked if the problem was outside traffic7 Mr. Censits replied that the problem is that there are presently people complaining that bikers and rollerbladers using the berm and the streets are not abiding by traffic regulations. It is an intent to control the flow of bicycles through Pelican Bay by having a bike path. 2396 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 16G 2 Dr. Varley asked if the Foundation's plan was to eventually move the people off of the berm into the street7 lfwe are talking about that and that is the plan, you ought to tell us that. Mr. Censits replied that he does not know ifthat is the plan, I am not on the full Board of the Foundation. Mr. Brown stated that he rides a bike approximately I0-50 miles a week and when I come upon a bicycle when I am driving a car, I respect the bicycles right to be there. That is the Florida h/ghway law. If they abide by the law, putting a bike lane in is not loin8 to make anybody stop at a stop sign. Bicycles have every right to be on the road. You cannot combine bicycles and Rollerblades. I have seen rollerbladers going down the wrong side of the street and you can paint alt the stripes on the street you want and it is not going to change that person from doing the wrong thing. I don't bike on Crayton Road, but I like the thought that I can bike outside of P~'lican Bay and I would hate to see a sign that says you cannot come in here on a bike if you don't live here. It would not be fair to say you cannot go out of here on a bike if you don't live in the City. Dr. Varley stated that the feeling he has gotten is if we had bike lanes, we could then enforce the use of those bike lanes and the traffic in the streets more than we can without the bike lanes. We can either decide here as a group to not go further with it and that is the end as far as we are concerned, or if we want to proceed we will have to get the County involved in a long process. Dr. Varley asked for a recommendation from the Committee as to what we should do. Deputy Gang/ read from the Florida Statutes 316.2065 Bicycle Regulations - "Every person propelling a vehicle by human power has all the rights and all of the duties applicable to the driver ofany other vehicle under this chapter, except as special regulations in this chapter". If 2397 PELICAN BAY ADVISORY COMMITTEE ,HAY 7, 1997 16G 2 you go to FS 316.2065, s. (12) it states that "no person upon roller skates or tiding in or by means of any coaster, toys, vehicles or similar devises may go upon any roadway except while crossing a street or cross-walk and when such crossings such person shall be granted all tights and shall be subject to all duties applicable to a pedestrian". It states that rollerbladers shouM be on the sidewalk and not on the road. These two sections might help in your decision. Dr. Varley stated that rollerblading in the street should be enforced now. Deputy Gangl replied that according to the Statute that is true. Mr. Werner stated that as of tight now he is not very supportive of the suggestion, but would hate to terminate the discussion of it. I would like to see it pursued further. Dr. Varley asked if we could have Ms. Chapman attend a meeting to give us some suggestions and move it along that way. Mr. Griffith agreed that we need to know more about how it is possible to do it. As mentioned earlier, when you go down to ten foot lanes you naturally want to slow down and there may be a requirement that the speed limit wJI! change ifyou reduce the size of the lanes. In order to understand that we need somebody to tell us how all ofthis is affected. Dr. Varley asked Mr. Ward to schedule Ms. Chapman for a meeting and we will postpone any definitive action until we have heard that presentation. Mr. Ward stated that he wanted the Foundation to understand that there is a lot of time to do all of this. The restripping is not going to happen for a period of eighteen to twenty-four months before we even start. We will move that process along and I will keep the Foundation Board apprised of when those presentations will be made before this Committee. COMMITTEE RE UESTS AND AUDIEN E PARTICIPATION: 2398 PELICAN BAY ADVISORY COMMITrEE MAY 7, 1997 ~SS OPENING Mr. Ward reported that he heard today that the pass was starting to close again. That has a/so been confirmed with the County. I don't know how fast it is closing or if it will even fully close before the end of turtle season. We are just going to have to sit and watch it, there is just nothing that anybody can do at this point in time since we arc in tunic season fight now. It is not good news, but is the state ofzffairs. Mr. Mudge explained that we have the problem now because we have had extreme tides. At high tide it looks great, but Iow tide is a disaster. At this period we have an extreme low tide and an extreme high tide. There has been a lot ofsand moved around and a lot ofbeach erosion. Mr. Ward stated that after the last opening, there was a lot of filling in of the pass during the first month or two and then it sort of'settled. Dr. Varley asked if it was the same excavation that was done as last year? Mr. Ward replied that it was exactly what was done last year, except that the sand was placed south of the pass, which should make it better. STAFF REPORTS: A) Administration . Discussion of Fiscal Year 1998 Budget time schedule - Proposed Meeting - May 20, 1997 at 3:00 P.M. Mr. Ward explained that the Proposed Fiscal Year 1998 Operating Budget was handed out prior to the meeting and because time is of the essence I would like to go ahead and schedule a meeting for May 20, 1997 and make a complete presentation on the budget. This will give you a couple of weeks to read through it and then make some decisions over a period of time relative to what you want to do and how you want to proceed with this budget. In general context it came out relatively well. With the same number of' units the Operating Assessment went from 2399 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 2 $178.00 to $190.00, that will change based upon the number of ERU's we have in the system. There is a slight increase in the ad valorem assessments for security and street lights. The overall Capital Improvement Budget, which in 1998 focuses solely on the Clam Bay Restoration, came in roughly at $86.00 per unit, which is $.50 to $.75 more than it was in the prior year. We will take some time on the 20~ to make a detailed presentation to you on that budget. Mr. Werner asked if moneys that were unspent during this Fiscal Year for Capital Improvements were being carried over to next year? Mr. Ward replied in the affirmative. Dr. Varley stated that it seems as though we have had very little input into the budget so far. It may be too late, but asked if' anybody had any things that they would like to see in the budget for next because we never did get to discuss that. Mr. Werner stated that his concern is that according to the Management Plan, Section 2 says that Pelican Bay Services Division will be the official manager of the Management Plan and will have the responsibility for the implementation, operation and will plan, implement, etc. Mr. Ward in effect is a pan time consultant. He does not work here five days a week and we are going to be spending about $1,800,000 in the next year for this restoration. Truthfully, i would like to see somebody that is here, oversee this and look at, er our interests. I don't see letting that be vested in Wilson, Miller. We need our own person to watch the bids, help draw up the specifications, etc. I would suggest that you think about this over the next two weeks and see if there is some way we can have an additional person to oversee this project. It would be a temporary job for a year or so. 2400 PELICAN BAY ADVISORY COMMI.i~FEE MAY 7, 1997 Dr. Varley asked if we could put that in the budget as we go gong, or do we have to make that decision now7 Mr. Ward replied that we can talk about that on the 20~' and ! will run some numbers for you. Dr. Varley stated that we are not sure this is going to get approved. We think it is, but it is not approved and won't be until late this year at the earliest. Mr. Ward replied that the money Js in the budget and you don't have to spend it. Mrs. Obley asked if Mr. Werner meant that we should hire a "watchdog" to check up on our consultants7 Mr. Wemer replied, to manage the Plan. Dr. Varley asked if when and if this plan is approved we have the responsibility of implementing it, that we can either do it through consultants entirely or can we do it within ourselves entirely.'? Mr. Ward explained that at the time we do the Plan you are going to do $2,000,000 worth of'construction work in six to nine months, which ia a whole lot ofwork in a very short period of time. It may be appropriate once we get our arms around what this program really looks like, to bring someone on board for some period of'time on a full time basis to make sure that moves on a dai/y basis through the process. It would involve making sure specifications are being written properly, getting advertising correctly, getting it before the Board of County Commissioners for award and on a daily basis that amount of work in a short period of time is a whole lot of work. You may want someone out there full time looking at that operation. 2401 PELICAN BAY ADVISORY COMMITTEE MAY 7, I997 Mr. Pires agreed, saying that you have a lot of' activities and coordination of a lot of consultants that are out there doing it on a day to day basis to report back. Mr. Young stated that we have an excellent employee now that has a capacity greater than what we are using him for and that is Mr. Lukacz. Maybe we could give him some extra responsibility and maybe get him some help overseeing the beautification. Mr. Werner stated that this year we have been focused on the Management Plan, but I would like to get the Comrr~ttee involved in this budget a little earlier in the process, rather than have it a done dea/. Dr. Varley stated that he still feels that we need to have quarterly reports, even if there is nothing going on, a least where we are in the budget process during the year and we have not been brought up to date on that. I understand that if we were Mr. Ward would tell us, but I do think on a quarterly basis we should have more information. Mr. Hoyt stated that Mr. Brown and Dr. Hillestad have put $1,800,000 as a tentative budget for execution of the Management Plan and assume that they have some people in there that are r~nning the job, getting the bids, etc. I don't necessarily see those two individuals doing that, we just haven't seen the detail except by genera/category. We need to see if that is being provided in there and if so, by whom. Mr. Ward replied that it is a good idea to have the discussion of how you are going to handle it and is a little premature as to getting into any more detail in the Clam Bay budget than what you have a/ready been presented. The reason is simple, you don't know what this plan is going to look like until the regulators sprirdde holly water over it. Mr. Hoy~ agreed, but stated we should understand the structure. 2402 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 2 Dr. Varley stated that there is no where that Mr. Brown has been engaged to manage the Plan once it has been approved. Mr. Werner stated that according to the reports we have, Mr. Brown has about run out of 'honey. Dr, Varley stated that Mr. Brown's job is to get the Plan approved and we have to decide how we are going to implement it. Mr. Ward replied that is not Mr. Brown's forte. His forte is getting permits and not necessari/y going in there and working in the field. That is more of an engineering function. DISCHARGE PIPES ON THE BEACH, Mr. Jerry Hoselton asked for an explanation of the pipes running across the beach at the Remington site. Mr. Ward explained that there are two pipes, one at the Remington and one closer to the Sandpiper. As part of the short term recommendations for Clam Bay restoration we put in two overflow pipes that give us the ability to pump water out &Clam Bay in the event ora severe rain events if they occur in Pelican Bay. The mangroves in the past few years have literally drowned from too much water corning in and literally no way of'getting that water out. Those pipes have been designed and permitted to allow us on a temporary basis to relieve excess water going into Clam Bay. Mr. Hoselton asked if that is why the mangrove are dying? Mr. Ward replied that there is a lot ofreasons, but that happens to have been one of the reasons that was mentioned and one of the temporary solutions. Mr. Hoselton stated that we blocked water and this is what caused this. 2403 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 Dr. Varley stated this has been gradually accumulating over a period of years. Mr. Mudge stated it was basically near the Strand where water could not get out because of the heavy flooding. Mr. Hoselton asked when the Ritz and Registry was built, didn't they block something that happened here naturally7 Dr. Varley replied that the blocking took place long before the Registry or the Ritz. The blocking occurred back when Vanderbilt Road was put in. Mrs. DesiIver - Mangrove Action Group - stated that she feels it is absolutely imperative that we need "watchdog" or we are going to be cutting our own throats. I am not even sure that Mr. Lukacz can give enough time to it. Mrs. Desilver continued that we all need to know what is in the budget and if'people come to a budget meeting and maybe have some budgets, here they cannot go through that in ten minutes and ask an intelligent question. These budgets should be out and available ahead of time so that those who want to take the time to go through it can have the time. While it maybe legally correct to say this is available in the office, that really is not a very good way of'dealing with the community. Peop[e need to be able to get hold of these easily, either at the Commons or in this facility. Mrs. Desilver stated that the City of Naples has passed an ordinance regarding lights on top of buildings. I was very concerned early on about the St. Rafael. I asked Ms. Watts if we were going to be sure not to have any lights in the plan. The best I got from her was that they were paying a lot of'attention to this point. It was not a definite no and certain/y not a definite yes. This leads me to think that we should have some control over what goes on here in a design 2404 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 16G 2 sense. At present, thanks to WCI taking over from Westinghouse, what we are really doing is having WCI oversee WCI's design. Nobody has any authority to tell them not to do it. We really need to think about that and specifically find out ifthe St. Raphael is architected for lights. Mrs. Obley stated that Ms. Watts definitely said that building did not have lights. Dr. Varley stated that his understanding that the Committee's role in such things is really limited to writing a letter expressing our collective opinion to the County Commissioners and do not have control of the lights, construction, etc. Mr. Ward replied that is true. Design review is a whole different ball of wax, than what is currently reviewed for underground utilities and water management. We do not get into civil matters in regard to the building itself.. Dr. Varley asked if there were going to be lights it would behoove us to find out and express an opinion to the County Commissioners7 Mr. Ward replied in the affirmative. Mr. Young stated that currently WCI can stop lights. They have every right. That is where you would want to write the letter. Dr. Varley asked ifMr. Ward could officially find that out7 Mr. Young stated that the Foundation is still negotiating with WCI on the covenants enforcement. Should the Foundation accept some of the responsibilities of covenant enforcement, they would not at this time have anything to do with new construction. Right now the Declarant enforces the lighting in Pelican Bay. I th~nk they will, but I think it would be good for us to ask WCI ifwe can have their cooperation on this issue. 2405 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 Mr. Griffith explained that WCl has a Design Review Committee and basically when we respond to designs, we recommend. We do not take authority in regard to anything that has to do with any County Regulation or tell them we can deny their getting a permit from the County. The best that WCI can do is make a recommendation to them, but how much actual authority we have to force them not to use lights as an issue I do not know, legally. Mr. Young stated that/egaily you have told people what color they can paint their front door, so legally you can tell them what kind &lights they can use. Mr. Griffith replied that they have followed our recommendation, but we do not have legal authority to tell them and if they say no, we have no way to follow up. Mr. Young stated that then it goes to court, ifyou would pursue it. Mr. Ward stated he would coordinate with WCI what the St. Raphael plan is and also coordinate with the County as to what the actual civil plans show. Dr. Varley asked ifbuilding height was a design issue or County ordinance7 Mr. Ward replied that is a PUD Ordinance. Mr. Griffith stated it is a County restriction which is very specific with definitions. Mr. Ward stated that the PUD is the Ordinance over Pelican Bay which governs all of the criteria associated with the building of the community. Dr. Var[ey asked what the current height restriction Mr. Griffith replied 200'. It is a good idea to come to WCl to express that interest so that they know that and can work with the developer that is building the structure so that it can be coordinated somehow, some way. Without that input we would not know to do that. 2406 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 M r. Pires stated that with regard to the accessibility for the budget draft review, ! don't know how many copies you have, but I wonder if it is possible to have an extra copy at the Foundation offices or even at the Public Library. Mr. Hermanson stated that when he built here he was told that the County will not issue a building permit until you have a letter ofapproval from the Design Review Committee. Mr. Griffith replied that is true, but at a conceptual level, before you even come in with architectural plans. Mr. Hermanson stated that he thought the requirement was in place to require anybody building here to conform to certain architectural guidelines. Mr. Gfiffith stated that he does not think there is anything in the guidelines about lights on a roof, but I know before the County will issue any permits they have to have WCI's sign off, which occurs at the conceptual stage where all there are is basic renderings. It is a first step process for the County to start reviewing and approving the developer submittal. Mr. Pires explained to avoid confusion the County gets into this quite often, where the PUD Document is the actual zoning ordinance and sets certain governmental regulations and c,~tefia for developing, in this case, Pelican Bay. You then have a set of private deed restrictions which are contractual arrangements between the property owners, the Declarant and the Developer. Generally the County does not have the ability to enforce deed restrictions through their police powers to protect their health, safety and welfare. That is a private contractual matter. weeks. Mr. Hoselton stated that they have been testing the lights at the Biltmore for the last two They have been testing different shades, different intensity, etc. 2407 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 16G Mrs. Martha Dykman - President, Seagate Homeowners Association - I have been told by a lawyer that I have to make this as a public statement. On Page 36 ofyour Management Plan for Clam Pass it suggests to limit motorized vehicles in the Clam Bay system to very strict limitations, maybe canoes only. Well, we cannot go along with that and if we have to hire an attorney we have to. We support everything else in the Plan, we have been very cooperative, we have come to all ofthe meetings. I have been told at meetings that this was not going to be an issue, that we were not going to be limited and then I look a this report and it has appeared. I ta/ked with Mr. Fed Brown on the phone yesterday and he says he can see how you were misled, but that is too bad, that is how it is. In order to get this as a conservation area, you cannot do boats. It is real easy to give away somebody else's rights. It means a lot to us, we have used that system for for~y years and have not done any damage to the system. Maybe there were some prop scars on Sea Grass, but a canoe can do a lot more damage when stuck on Sea Grass than a motorized vehicle. We are going to object to this and it is unfortunate because we are for all ofthe other things. Mr. Brown indicated to me that there is nothing he can do and this is the way it is going in. ! do have to put that on Public Record. Mr. Griffith asked if Seagate was for any kind of motor in the Clam Bay system or just limiting it to something small.'? Mrs. Dykman replied that can be negotiated. Right now we have very small boats and very small motors. They are worried that if they open the pass, bigger boats will come in. I think that is an unfair assumption because the people who live in Park Shore have Doctor's Pass. People don't boat as much as others think they do, and certainly big boats don't want' to come and try to get into this little pass area to run around. They have the whole Gulf. I can understand 2408 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 16G 2 promising all o£ these things to DEP, but like I said it is very easy to give away somebody else's rights. It means a lot to us both financially and emotionally Mr. Griffith asked if'the group has ever presented their preferences or ~ptions, or has it always been a blanket disapproval? Mrs. Dykman replied that the County placed a No Wake Zone, Idle Speed On/y Zone. That should be enough. We put channel markers up when the County took it over fi.om Westinghouse and the County took them down. If. there has been any scaring of. the Sea Grass beds, it is because the County took down the markers and we do not know where the channels are and nobody kept updating the channels. I can take pictures of.all of.the boats in our community and there is no boat in there more than 18' and no motor larger than 65hp. Maybe there is nine boats in the entire community, how do you grandfather us in? The Plan calls for no motorized vehicles past the south boardwalk. Well that is the Registry Boardwalk. When this was called to Mr. Brown's attention he said he did not mean that, he meant the Pelican Bay boardwalk. When asked if'he would change it, he replied that he would not change anything in the report. We are getting an attorney right now and have two people with the money to fight it.. Dr. Varley asked if.you could get boats in or out now? Mrs. Dykman replied no. Mr. Jim Pelion - Vice President, Seagate Homeowners Association - At high tide a boat can use the system. I have had my boat since 1985 and I have been out to the pass and back 3-5 times a year and clear up into Upper Clam Bay 2-3 times a year. I have a 30hp, 14' fishing boat, except that it has a shallow water drive and keeps it in eighteen inches of. water. As long as i know where those channels are, there is no reason for me to get near any Sea Grass or anything 2409 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 16S 2 else. I have been back three times this year before you opened the pass. The water is much deeper now and you are getting much more flow. The channels from the Pelican Bay south bridge back to the Ritz Carlton are as deep as they have ever been. Mr. Pires stated that when he saw that in the Management Plan my thought was, I walk the boardwalk a lot, there are small watercraft that could get in there and tear that place apart. They don't care. They can come in the pass area, go through whether or not there are channel markers. Is there any category of watercraft, vessel or boat that you would be willing to join in permit to prohibit or ban. You indicated that there were none, but the overall ability to have vessels. That is what I was thinking when I saw that in the Plan. That is what I would like to see at the minimum precluded, because there will not be any regard when people get on those things as to channel markers and Sea Grass beds. I can see others who canoe through there put their paddles in the Sea Grass and flip those things up. There is also an element of reasonableness on the part ofthe Seagate property owners, lfyou want to really want to have a viable bay system you need to have some restrictions on watercraft usage. Mrs. Dykman stated when the County put the No Wake Zone on the bay that should do it. I had called them about that when it was placed and was told that they were just trying to eliminate the Wave Runners. I said fine, eliminate the Wave Runners. I was told that they cannot do that because they cannot discriminate from one vessel to the next. You can't use a Wave Runner without making a wave. We have a woman who owns two Wave Runners, have an attorney go to the County yesterday to defend her rights. She indicated that if she was able to go out the pass she would not run the Wave Runner in the bay. 2410 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 2 Mr. Pires stated that Mr. Brown knows best from the permitting process, but quite often when you get a permit to engage in an activity, the secondary impacts of it can be regulated and possibly this might be the vehicle to achieve that. Mr. Ward stated that he does not remember Mr. Brown's comments about whether or not we were going to regulate vessels. Quite frankly fi.om my perspective as a member ofstalT, that is not a primary concern to us. I think what we realized going through the discussions over the past six to seven months with both the Federal and State agencies, that is secondary concern about what happens once you do all of this restoration work was a primary concern to the regulators. We knew later in the preparation &the Management Plan that was something that would have to be addressed in the Plan. They had a secondary concern with respect to what happens when you open these tidal channels with respect to boats and motorized vehicles. We had to put some language in the Management Plan that was relatively strong and that is why it is in there. Mr. Ward continued that he finds it unfortunate that the Seagate Homeowners Association is going to take the position that they are going to retain attorneys and fight us on the issue. I would hope that they would take a positive role and retain an individual with expertise in this kind of' navigable waters within a mangrove estuarine system and let that individual work with Mr. Brown and the Federal and State agencies. We are not here to fight with you. We are here to restore the Clam Bay system, and however that needs to manifest itself, is what I would like to see happen. I hope Seagate will refocus their energies to bring someone on board that can help with the permits and however that falls out as a part ofthat permit I think they will be happy whh it. 2411 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 2 Mr. Pelton stated that the County put in the No Wake Zones without even contacting us to get a position. We wake up one morning and we can no longer exceed the idle speeds. There is three miles to the pass and you have to travel idle speed. The lakes are large and deep and there is no reason to go idle speed. They are lined with mangrove and the wake does not bother mangroves. A wake bothers sea walls. My point is, that if this document goes forward without us objecting, it is going to come back cast in concrete. We were not notified that it was in there. We were told by several people that was not going to be an issue. Mr. Ward stated that what we are trying to indicate to you is that there is no desire on behalf&the Pelican Bay community to fight with Seagate. This has to be a cooperative effort for the restoration &the Clam Bay system. We are putting in over $2,000,000 &Pelican Bay money in order to try to restore a 600 acre mangrove system. What I would suggest you do is instead of' re:alning attorneys who want to litigate the fight, is retain a consultant who can work with the Federal and State agencies on how to best apply motorized craf~ in mangrove estuarine system. It is not going to do you or the Committee any good to object to that Plan. All it is going to do is hurt the whole Clam Bay system and you still are not going to be able to get boats in and out of Clam Bay if nothing happens. Channeling your efforts to litigate that Plan, fight with this community or hire attorneys to do that is incorrect in this whole process. .k~lr. Pelton asked why we don't just remove that entire paragraph7 Mr. Ward replied that it cannot be removed. The Plan has been submitted and the regulatory agencies indicated that has to be a part of the program. All I am indicating is that if you put your money up don't do it with attorneys, put it up with someone who has knowledge in navigable waterways in estuarine systems and let them work with the agencies. 2412 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 p Mr. Pelton asked who that would be? Mr. Ward stated that he does not know, he just heard about this situation yesterday. Mr. Pelton stated that Rookery Bay is a place where you need no boats at all. They tried to institute a No Wake Zone there and the boats still travel 50-60 miles per hour through there. We have a small area and you are trying to stop us from even boating. Mr. Ward replied that we are not trying to stop you fi.om doing anything. Dr. Varley stated that our focus has been on trying to restore the mangroves, not necessarily to provide you with boating access. You have a problem let's talk about this. Find someone who knows something about this and see what we can do about it, rather than going out and getting lawyers. Mr. Pellon stated that Seagate cannot afford to lose this. Dr. Varley replied that you already have lost. I understand you cannot get boats in and out. Mr. Pellon replied that you can get in and out on a high tide in a small tide. We haven't lost anything, but we will under this Plan. Mr. Ward indicated that you would have better access under this plan. Mr. Pelton replied, not if you cannot take your boats north of the south boardwalk. M. Ward stated that you need to contact an expert who knows about navigable waterways. I think you will destroy the Clam Bay Program and if that is what Seagate wants to do, that is the way that it will be perceived, is that Seagate has destroyed the restoration of the Clam Bay system and I think that is absolutely incorrect. 2413 PELICAN BAY ADVISORY COMMI'UI'EE MAY 7, 1997 Mrs. Dykman replied that is not true, everyone knows we a;e trying to protect our property rights. I have been coming to these meetings/'or nearly two years and each time I have gotten up to say this over and over and everyone in this room knew how important this was. When they designed it why didn't they design it as a navigab/e waterway, knowing we had those rights. Why should we have to 80 out and spend this money or hire an engineer to do it. Mr. Ward replied that all he is asking Seagate to do is channel whatever fi~nds they have the desire to spend, in a positive manner for the ability of this community to get the perm/ts necessary for Clam Bay. That is all I am asking you to do. Whether you were notified every step o£the way I do not know, but 1 believe it is absolutely wrong/'or you to proceed the way in which you are proceeding and 1 would hope that you will be somewhat more positive in the way you work with the community in terms o£that permit. I would hope we get your support in doing that. Mr. Tom Brown stated that as an observation, you have been coming here for two years and you have heard us say that we were going to levy $1,000,000 on our people in Pelican Bay to open Clam Pass and keep this whole thing going. Has Seagate ever ponied up and said they would like to participate and contribute funds? Mrs. Dykman replied that it'you go back and look at the records, over five times we have said whatever it takes. The County would have to put us on a taxing district. I have given money to the Mangrove Action Group, ofwhich I am a member. Mrs. Dykman asked if`you were not on a tax base would you just come up and give money? Over $3,000 has come into the Mangrove Action Group with people volunteering. We have told the County to put us on a taxing district we would be glad to do it. We are in the City of' Naples, we are not in the County. We have 2414 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 offered to do it, but we want it fixed so that it helps us and not something that just helps Pelican Bay and the mangrove die offat the north end. Mr. Tom Brown stated that he does not feel anyone in Pelican Bay is anti-boating in and out of Seagate through Clam Pass. If you are going to throw a lawsuit at everybody within Pelican Bay and screw up this program, then you will have those problems. Mrs. Dykman stated that there isn't a choice. Ifthis passes the County is then obligated to restrict the boating. It is not like we want to do this. Do you think we want to spend the money, do you think we want the hassle, but it is worth $150,000 per home, plus the fact that is why we live there. That would be like me saying to Pelican Bay peopIe that you bought because you have this beautiful beach and can look at it, but we are going to put up a sign that you cannot go down to the beach because ofturtle season, but you can look at it and enjoy the view. It is exactly the same thing. We are not trying to be hostile. Mr. Werner stated that the irony of this is that you need a taxing district to contribute to the restoration program, but you don't need a taxing district to hire an attorney to fight the Plan. Mrs. Obley stated that the report states that this is not final, that adjustments will be made and I think we should find a way with Mr. Ted Brown to make an adjustment. I think Seagate has been a good neighbor and would like to remain good neighbors. The County does have the boat launch there that could allow others to use a smaJl fishing boat. If we would work together I think we could make more progress. We should ask Mr. Brown how we should go about getting this changed and the County what kind of'support they can give us. 2415 PELICAN BAY ADVISORY COMMITTEE MAY 7, 1997 Mrs. Desilver stated that th~s is a submission to the regulatory rgencies and if they permit it, it is not locked into the County. Therefore, anything a/ter it is approved, we can choose to do or not do. We are not bound to do every single thing that is permitted. Dr. Varley stated that when it is permitted it is a final document. Mr. Griffith stated that we should contact Mr. Brown to see what happened here and get to the agencies how this might be changed. Mr. Hoyt stated that we should accommodate as much as possible. Mr. Ward stated that the permitting is working its way through the agencies. I would let it go through that process and the issue being brought up will come up when it comes up. Mr. Grif'fith stated that the Public Notice is the time for response. That is the time to make official documented notice ora problem. Mr. Young stated at that time if you have a constructive program that can accommodate boats, it can be amended to accommodate those wishes. Mr. Ward agreed. ADJOURNMENT: There being no further business the meeting adjourned at 4:45 P.M. Dr. A/an Varley, Chairman THERE IS A SPECIAL BUDGET WORKSHOP SCHEDULED FOR 3:00 P.M. on Tuesday, ,MAY 20, 1997. 2416 2 Naples, Flor/da May 20, 1997 LET IT BE KNOWN, that the Pelican Bay MSTBU Advisory Committee met in a Workshop Session on this date at 3:00 P.M. at the Foundation Center, 8962 Hammock Oak Drive, Naples with the following members present: Dr. Alan Varley, Chairman Mr. George Wemer, Vice Chairman Mr. Thomas Brown Mr. Roe[key Craighead Mr. Frederick Fla,o (Absent) Mr. Edward Griffith Mr. Glenn Harrel{ (Absent) Mr. Herbert Hasson Mr. George Hermanson Mr. John Hoyt Mr. Russell Mudge (Absent) Mrs. Cora Obley Mr. Anthony Pires (Absent) Mr. Charles Popper Mr. Bemon Young ALSO PRESENT: Various res/dents of'Pelican Bay (approximately 3); Mr. James p. Ward, Division Administrator and Mrs. Barbara Sm/th. Recording Secretary. ACENDA: Roll Call Discussion of the Proposed Fiscal Year 1998 Budget for the Pelican Bay Serv/ces Div/sion. Adjourn Dr. Varley called the meeting to order and asked that the Record show Messrs. Frederick Flatto, Glenn Harrell, Russell Mudge and Anthony Pires w/th excused absences. DISCUSSION OF TIlE PROPOSED FISCAL YEAR 1998 BUDGET FOR TIlE PELICAN BAY SERVICES DIVISION: Mr. Ward explained the proposed budget in detail, including how to read it and the major elements that are contained in it. Mr. Popper asked why the numbers in the Community Beaut/fica/on Budget were relatively constant for 1998 and 1999, but jumped in the year 2000? Mr. Ward replied that it was the U.S. 41 berm, which is budgeted to be done in the year 2000. Dr. Varley asked/fa given fund ends up w/th a positive balance at the end of the year, is that then reflected in the next year's Beginning Balance7 2417 · PELICAN BAY ADVISORY COMMITTEE ~May 20, 1997 Mr. Ward replied in the affirmative. Mr. Young asked when it was ever approved to replace the lake bank lights in Oakmont at the rate of $42,800? Mr. Ward replied that the decision to replace the lights at the Oakmont Lake has not been approved and is only a proposed number in the 1998 Budget. Mr. Hermanson asked why the County Administrative costs increased this year.'? Mr. Ward replied that the increase was a result of the increase in our loto] expenditure levels from 1996 to 1997. Mr. Young stated that because we are trying to fix Clam Bay, we have to pay the County administrative costs. Mr. Hermanson asked ifit was based on Ad valorem and assessments.'? Mr. Ward replied in the affirmative. Mr. Young stated ',hat this hardly seems reasonable. Mr. Ward replied that he continually has this discussion with the County. Every deparlment pays that way and without a wholesale change to the way they charge each division for that service, it is not something they are willing to have discussions about. Mr. Hoyl stated that the only thing you can say for it is, that it is consistent. Mr. Young replied that there is no other department that has to fund the Clam Bay Restoration or anything like it. Mr. Ward stated that the biggest d/visions that pay into it are the Utility Division and the Office of Capital Projects Management. The Airport and some of the other smaller funds also pay an amount into it. I agree with you in terms of fairness, but it is consistent. 2418 · PELICAN BAY ADVISORY COMMITTEE ~ 20, 1997 Mr. Herrnanson asked if there was some way of classifying some of the assessments as Spec/al Assessments to get it out of that category? Mr. Ward replied that all assessments are the same in figuring this. They take a look at it in terms of your revenue stTeam and how you charge for it. The only thing th.'~t they subtract from it is Interest Income and Cash Balances that you use. Dr. Varley asked if it has no basis on how much you are using the County services? Mr. Ward replied that they will tell you that it does. Their argument is that there is a direct correlation in terms of when you increase your level of assessment, what you are doing is increasing your level of expenditure. By virtue of increase of the level of expenditure there is a direct correlation between how much you use those departments to get those levels of expenditures, so they do think there is a direct correlation. As an example, as you go through and make expenditures on Clam Bay, I c/early use the Purchasing Department for bidding these kinds of projects, going to the Board of County Commissioners for authorization for expenditures, and ge~ng documents signed off by the Lega/Department, so there is some correlation, but I am not so sure you get the full 100% correlation with respect to your anticipated revenue to this number. Dr. Varley stated that one of the ones we contribute to is the Personnel Division and asked if we used that D/vision? Mr. Ward replied yes, in order to hire someone in the County you are required to use the Human Resources Department. You interview the people, but Personnel advertises the position, takes the application, does the background checks, drug screening test, etc. We go through an internal process of what we ca]l Personnel Action Reports and Appraisal Reports of employees on a yearly basis. Those reports are sent to Human Resources. They do a lot of work, there is no question about that. I think there is a direct correlation between employees and their charge for that service. 2419 PELICAN BAY ADVISORY COMMITTEE M~0. 1997 16G 2 Mr. Wemer asked if there is a dollar limit for different positions within the County? Mr. Ward replied that the County has a rather elaborate system in place of classifications of positions. Periodically, Human Resources goes before the County Commission and within their job classifications they have everything from the County Manager's classification down to the Sanitor's classification. What they do is classi~ the position and within that classification it has a job description associated with it and it a/so has a pay range axsociated with it, with a low, high and median pay range. If you are in that classification, you will get somewhere in the middle of that classification. Last year they did that and hired an outside consuhing company who came in and went through ail o£ the .job classifications throughout the County, streamlined the classification pages, melded them a/together and came up with recommendations on salary ranges for each classification, based on surveys done throughout the south Florida area Mr. Wemer asked if we had anyone at the top oFthe range.') Mr. Ward replied no, everyone is at the middle o£the range. Mr. Wemer asked if everyone gets a 3% raise this year.'? Mr. Ward replied in the affirmative. Once they get topped out, they cannot get another raise unless the range changes. The only way the range changes is if the County staff goes back to the Commission For a change. Dr. Varley asked if there was a new position created that was not in their scheme, how is it graded.'? Mr. Ward replied that what he has done be/ore is to write up a proposed job classification and job description for them. I do not give them a pay scale. They will take a look at it and make a determination that it really is not in their classification sheets, add the classification, do the study for the 2420 PELICAN BAY ADVISORY COM2vYITTEE M._~.~_20, 1997 2. rates, go back to the Board and get it approved, then you have the classification. It takes some time, but you can do it. Dr. Varley asked the explanation for Other Contractual Services and how can you see that across your various departments? Mr. Ward replied that Other Contractual Sem//ces is essentially the fee that my firm charges the Pelican Bay Serv/ces D/vision on a yearly basis. In 1996 and 1997 it was $53,000 and is proposed to be the same number for 1998. The distr/bution shows how it is done; .33% is shown in the Water Management Department, a similar amount in Community Beautification and a similar amount in your Street Lighting Fund. The Miscellaneous is not me, we have to class some of the associated fees for our telephone and fax system in what we call Other Contractual Serv/ces. Mr. Ward reported that the Exotic Removal Program will begin from the Registry Hotel, north to the Commons in about two weeks. We had budgeted $30,000 for this current year and the bids came in about $36,000. We are completing that whole program and should be finished by the end of September, depending upon the rainy season. The County has also awarded their contract to the same contractor. The County has enough money to go through with all of the exotic removal all the way through System IV, through the end of the berm at the northern part of the community. For 1998 we have budgeted the balance of the work to go from the north of the Commons through System IV. Dr. Varley asked if you didn't use that money this year, would it find its way into the Carryover, which would then be allocated between Operating and Capital for next year? Mr. Ward replied in the affirmative. Dr. Vadey asked that with regard to the ten years of water quality data that we have access to, if we could have someone come in and tell us what their opinion is and what all that data really means? 2421 PELICAN BAY ADVISORY COM2vlITTEE M.~_ 20, 1997 p I gather from what you say, there is no bad changes in the water. That needs to be gotten out to the public. Mr. Ward replied that he has asked Wilson, Mil~er to provide a proposal and you should see it at our next meeting, to take that data and put it in a format that is understandable by the general public and present that data to you on a quarterly basis. You will see that next month in terms of a proposal. I asked them to pick up the data analysis that the County had started a couple ofyears ago, update it, format it and do some analysis work. Dr. Varley stated that it seems to him that almost every environmental group makes the first assumption that the bay is terribly polluted because of all of the fertilizer in the runoff. It sounds to me when you talk about that data, that it isn't. Mr. Ward replied that it isn't. It has never been true and Js not true today. Dr. Varley stated we are talking about not fertilizing the lawns and not watering the plants in order to protect what is not even going on, as I understand it. Mr. Ward stated that he fully agrees. The proof is in the fact that the data has shown and the regulatory agencies have said, that we can delete what we call the Upland Water Quality Testing Program because there is no degradation in the water quality going into Clam Bay. Dr. Varley asked if'we could get someone to analyze and present it to this group. Mr. Wemer stated that it is good that the fifteen o£us in this room know about it, but that needs to be made public information one way or the other. Mr. Ward replied that hopefully that is what we can do once Wilson, Miller brings the data up to speed, in a format that is understandable by the general public. Dr. Varley asked if' Wilson, Miller can analyze the data or do we need someone like Mr. Hatcher from the County? 2422 PELICAN BAY ADVISORY COMMITTEE ~ 20, 1997 16G Mr. Ward replied in the affirmative. Wilson, Miller is more responsive to your needs. The County got rid of their biologist and I don't believe he has been replaced and this is son ora biological function as opposed to what Mr. Hatcher does. Mr. Popper asked why the lakes on the golf course should not be a golf course expense? Mr. Ward replied that the lakes are part of the water management system. The underlying fee title of the lakes is owned by the golf course. There is a overlying easement to the Pelican Bay Services Division for water management for the lake areas themselves and there is a supplemental access easement that overlays the whole course so that we can get access to that lake system. Mr. Young stated that this was recognized by the County Tax Assessor because we appea/ed to him on our Club Assessment and it was reduced on the basis of the areas assigned for water management easement purposes. Dr. Varley stated that sometime he would like to see someone on our program to do the specifics of what the plans are now, the plans in the future, etc. so that more people begin to know about what you are doing. Mrs. Obley stated that it should be a letter or a review. Mrs. Gloria McLaughlin, Barring'ton resident stated that it would help to be spelled out in black and white because it is too detailed for the average person. There should be a Public Relations person who spells this out. Mr. Wemer stated that Dr. Varley writes an ar~cle for the Communique once a month explaining what the Pelican Bay Advisory Comminee is doing. Mr. Hermanson stated that the water quality data might be useful if we get into any conditions on th/s Clam Bay permit. One of the common things a regulatory agency throws up is water quality, 2423 PELICAN BAY ADVISORY COMMITTEE ~ 20, 1997 2_ etc. If we could demonstrate that water quality is not an issue and we have ten years or so of data, that might be helpful Mr. Ward agreed, that will come up and this will help. Mr. Popper stated that he agrees with the Xeriscape program but feels that we have a hazard where you cannot see oncoming cars due to visibility being blocked by some of the medians. We have to be careful that we hold down the planting or try to raise everylhing up so that we can see the cars corning. Mr. Ward agreed. That is what this plan does. There are a lot ofslash pines and sable palms, intended to give shade to those areas, which will help keep fertilizer and watering requirements down. Most of the grasses recommended are primarily in the cul-de-sac areas where we do not have that particular problem. Mr. Ward explained that throughout Oakmont and the southern entrance of Pelican Bay running through RJdgewood, there are a number of'small sidewalk post lights. They have been in since Oakmont was constructed in the mid-1980's. The ones at the southern entrance have been in since the beginning of this community and are about eighteen years old. If you look at them, they are plastic PVC pipe with a light stuck on the top with a round cover on it. That is not unusual, that is the normal plastic light that you see used a lot in this particular State. They are old, starting to fall apart and we are having a significant amount of trouble keeping thern/it. We are also having vandalism problems with thern, in that people are riding by on their bicycles and pushing them over. The purpose of this line item is to go through the community during ! 998 and replace all of those poles along Oakmont and the southern portion of this community. The money is corning from Cash Reserves that you have built up in your system for the replacement of that program. The amount on a per unit basis that has been allocated for this has been designed based upon our review of not putting in any more plastic PVC 2424 PELICAN BAY ADVISORY COMMITTEE M....~__20, 1997 16G lights, but something substantially less attuned to vandalism. They are some son of a concrete structure and pole. We have looked at a couple of different kinds that architecturally look better than' what you have out there now and are not prone to a Io! of vandalism and better for us to maintain. That is a particular line item for you to consider in your Street Light Budget for Fiscal Year 1998. It is really the only big issue in this particular budget for you to consider. Mt. Young stated that this is the only item that he is having a hard time wrestling w/th. I get information from two different sources. One source says that Oakmont does not want walking after dark encouraged by their houses. This walking path goes awfully close to a lot of residences. It ends up in this park where there has always been a vandalism problem. We have Ir/ed through our security program to indicate that we don't want that park used after dark. Why do we want to encourage people walking around in Oakmont after dark? Mr. Hoy't stated that they can walk in the dark ifthey want to cause problems. Mr. Hermanson indicated that he does not think the lights encourage or discourage walking. I walk that stretch a lot and it is nice to see them, but that does not add or detract from my walking there. Mr. Young stated that is his point, he gets both sides of the story about hav/ng the lights there. If they really don't accomplish that much, it seems to be a lot of cost and expense to maintain them. Mr. Hermanson stated that ifyou are going to have lights there, those are the kind of lights to have, they direct the light onto the ground. Mr. Hermanson asked where the lights were located at the southern end? Mt. Ward replied that there is a walkway that is set about I00' back of curb at the entrance to Pelican Bay on Pelican Bay Boulevard. It does not go anywhere, but a lot ofpeople use it. It is used for biking, walking their dogs, etc. As a part of the creation of Oakmont, that lake bank was created as 2425 PELICAN BAY ADVISORY COMMITTEE ~ 20, 1997 16G 2 a walkway that runs most of the way ~ound the lake. It is a substantial path that many people use for biking and wa]king. Mr. Hermanson stated that is one area where the bike path departs from the main road. The bike path system normally follow~ the road where you have street light~. That is an area where you do not have street lights and something we ought to think about. Dr. Varley asked if the estimate if$42,g00 was for replacing all of the lights? Mr. Ward replied yes, that was for complete replacement of the entire system. We need to do something up there. If you take them out that is fine, I do not have a strong opinion about that. Dr. Varley asked Mr. Young if he felt there was a strong disapproval of this from the community? Mr. Young replied no, he just has to question whether this is an expenditure that we really need to make. Mr. Hoyt asked ifMr. Young would be concerned to have no lights and leave the path there? Mr. Young replied that there are no lights on the berm. I don't live there so it is really hard for me to understand. Mr. Brown stated that it is a real dichotomy because Oakmont Parkway is a tough road because of cross traffic, which means pedestrians, bikers, etc. are better off on the trails than on the roads. Mr. Young stated that he has to objection, I have walked the path many times. I don't mind spending money to keep the path looking good, my only question is do we want to light it at night? Mr. Popper stated that you have two things. One is a big black hole there ifyou did not light it. It is more ambient lighting that pedestrian lighting. It would look very strange if you didn't have any lighting whatsoever. That pathway is a very heavily used pathway for walking. Right now if you walk 2426 PELICAN BAY ADVISORY COMMITTEE ~May 20, ! 997 16S 2 the area ,the is a real problem with the railroad ties and I know it has been budgeted to fix that. Whether it has been vancfalism or erosion, I think those lights need to be replaced. My sense is that if you didn't have the lights there it would look very peculiar and would add to the vandalism that is already there. Dr. Varley staled that he feels we need a much better reason /'or taking them out than not con~u~g it. Mr. Popper stated that ifhe lived there he would feel better by seeing some light to at least see who is walking there. You w/il not discourage people from walking there ifthey have intent on doing something harmful. ~ moved, secottded by Mr. Popper attd approved on a votl of lO to I to keep the lights along Oakmont Lake and the souther~ entrattce to Pelican Bay. Mr. Werner cast the dissenting vote sa),ittg he did/tot have ettottg/t htformatt'on to make a $60,000 decbion. Mr. Hermanson asked if we were done on the street lighting issue with hav/ng to replace the street lights that were the wrong type of metal? Mr. Ward replied theoretically yes, but practically no. That is a continual problem. Mr. Hermanson asked if we were still replacing for that reason and if so, what are we putting in its place? Mr. Ward replied that we are still replacing and we are still using Conens® Steel. Mr. Hermanson asked if there was anything better? 2427 PELICAN BAY ADVISORY COMMITTEE M.~ 20, 1997 16G 2 Mr. Ward replied yes, but to do that it is like Oa.kmont, it is a wholesale change in that entire system. The only thing that I have seen utilized is a pole that is the same fixture on top but it is a concrete pole. It is not white concrete, but flecked with lots of brown specs in it and looks very similar to this particular pole. Mr. Young stated that when we lost the poles before, it was because of the dirt that caused the erosion. We were also instructed to keep the foliage off of the bases. I don't know that we have a program currently keeping the weeds otTthe bases. Mr. Ward replied that there is a program. Every time the landscaping crew~ go through they look at the bases and try to keep them clean. Mr. Popper stated they do a very good job. H'e happens to walk his dog along these areas. Mrs. Obley asked the cost difference between a concrete pole and Cortens(~) Steel. Mr. Ward replied that he believes the Corlens~ Stee[ poles are approximate[y $1,100 each for the 30' pole and $800 for the 20' popes. I believe the concrete poles are approximately 25% less. Mrs. Obley stated that perhaps since they are so sim/tm- in appearance we ought to look into fiMng in the concrete as we are replacing poles in the future. Mr. Hermanson asked if the WCl Contribution in the Clam Bay Budget was the balance of the $1,000,000 and have they agreed to contribute the whole balance this Fiscal Year7 Mr. Ward replied that they are contributing ba~ed on our level of expenditure. If we meet the $1,700,000 they will contribute fully. If it is something less than that, it will be a proportionate decrease from the $838,000. If you meet that expenditure level they will have contributed everything by the end ofnext Fiscal Year. 2428 PELICAN BAY ADVISORY COMMITTEE M~ 20, 1997 16G 2 Dr. Varley asked if that meant that all of the money that we have allocated in this five year Capital Program that is dedicated to the Clam Bay Program will be levied this year and put into the fund this year, the rest of the years will be funding other things, is that fight? Mr. Ward agreed. If you recall the original program last year had a $2,500,000 funding level in it for ~s Division. With the new numbers that have come in we have reduced it from $2,500,000 down to a $2,000,000 overall f~mding level. That full $2,000,000 came in 1997 and in your 1998 budgets. You will have to deal with additional moneys, if you need it, going forward into 1999 and the years beyond that. Mr. Popper asked if in 1999 and 2000, since WCI's contribution will have been over, that $86.00 could go up significantly? Mr. Ward replied that he does not think it will. The original projections that we had done for your last year showed it remaining relatively constant at the $86.00 level with the $2,500,000 funding level in it for our share of'the contributions. Since the program looks at the moment like it is going to come in at roughly $2,000,000, I don't think you are going to see a problem unless the regulatory agencies substantially change the price of' the system through the permitting process that we are in the middle ofgoing through right now. Mr. Craighead stated that Clam Pass is almost closed again, so all of the money that was spent dredging it is gone and we are back to square one and we cannot do anything until next December due to turtle season. Mr. Ward agreed. Mr. Craighead asked why the pass was opened straight out west instead of £oIlowing Mother Nature's meandering entrance. 2429 PELICAN BAY ADVISORY COMMITTEE _May 20, 1997 16G 2 Mr. Ward replied that the permit that they received was essentially the same permit that had been received in the prior year. They could not do anylhing other than ~hat was indicated in that permit. Dr. Varley asked if the permitting agencies come back and require a lot of extra work in terms of rewriting the program, we still have control over this money even though it would not be put into the Clam Bay Fund7 Mi'. Ward replied that budgeting it and spending it are two different elements and that is right. Dr. Varley asked if the decision should be made that this was just getting totally out of control could we move it lo another fund? Mr. Ward agreed. Mr. Brown asked if'it had to be Capital or could be it Operating7 Mr. Ward replied that it would have to go to a Capital Fund, but we have other Capita] Projects to use it for. We have talked about the berm, entrance markers, etc. It is not that it is not going to get properly utilized. There are sufficient other capital elements in there that you could utilize it for. Mr. Hoyt asked if we could use it for other Capital Projects without going through the budget process again7 Mr. Ward replied that we could with some Budget Amendments during the year. You will not lose that money. Dr. Varley stated that we have talked about this before, but asked if the County can direct that this money be used for anylhing else7 It worries me that if the permitting people come back and says that the Conservancy has a good point and you ought to open the north end. Are we now going to take our money and begin working on Vanderbilt Bay7 Mr. Ward replied that is not going to happen. 2430 · PmcaN B^¥ aDViSOr,,,' COma TT, . 1 6 2 ~ 20, 1997 Dr. Varley asked if the group wanted to finish this item today or to continue it until next meeting? It will have to be approved by the next meeting. IMr' Cralghead moved, seconded by Mr. Ho)~ and approvedl unanimously the F~cal Year 1998 Budget as presented. CLAM BAY RESTORATION AND MANAGEMENT PLAN: Mr. Ward reported that the ball is in place at the regulatory agency level. That means that we have permits filed at both the State and Federal levels. They are the two agencies that will make the ultimate determinations as to whether or not we will be issued the permit for the restoration of Clam Bay. In my discussions with Mr. Brown, essentially about the time the Conservancy letter came out, Mr. Brown and Dr. Hillestad were in the process of making the rounds to the various departments within these regulatory agencies and are still in that process. All of which, have been positive at that level. That means to me that the people that re going to be making the decisions have looked favorably upon the permit application that we have submitted. They are going through it, checking the details, assuring that the backup material that has been prepared is qualitatively and quantitatively sufficient for them to make a decision and I suspect that process is moving forward very well. With respect to the Conservancy letler, I can tell you that generally speaking in this environment, this is the norm. You get this in this kind of a public permitting process when you talk about restoration of mangrove systems or building over lop Of these mangrove systems. There was nothing in the letter from the Conservancy that I saw that was not insurmountable locally here by you and by our engineers and certainly nothing that was insurmountable at the Federal and State level. Although it was unfortunate that the Conservancy took the position that they did, I didn't think that was going to in great respects be a huge detriment to us as we move forward through this process. 2431 PELICAN BAY ADVISORY COMMITTEE ~ 20, 1997 16G 2 Mr. Popper stated that this is the first time he has ever disagreed. I think that the two articles that appeared in the newspaper this morning, one of which indicated their opposition to our plan and the other that was Mr. Googenheim's fact that the Conservancy must be more proactive. This certainly falls at what I feel is a very bad time for us. I don't think we can minimize the type of response that the "Call to arms" that the Conservancy has in the community. I am only pleased that it is the summer and not February, because I think the reaction would be far greater from the community that is interested in conservation and ecology. I personally think it is wrong for us not to respond in a positive manner and not start a war with them. I think there are answers that the public should be aware of,. Even though it is our money, in our backyard I think to set back and say that it is going through the process, all the sudden I think this could turn around and be very negative depending upon what kinds of pressure are being put on the people that are looking at our permitting. Mr. Ward replied that he feels the Conservancy should get a response. It should be a managed response in terms of how it occurs, when it occurs and what is said in that particular response. I am focusing a little different than you are. I am not really focusing in on the local Conservancy's concern. I am focusing in on the fact that we changed the major way in which we are trying to get this permit, from being a plan that necessahly represents everybody's interests locally for we know when we tried that a year ago, we never could get Federal and Stare permits out of it. The more important way in which we have proceeded currently is we have focused this plan to deal w/th what we know scientifically w/Il work. If we can prove scientifically that the plan is adequate, fair, reasonable and will restore the system, I think the balance of the local problems such as the Conservancy has raised, w/fl come out. I am not so sure that needs to happen today or tomorrow. It needs to happen, but to be managed more from how those permits are going through that system versus getting data out there to the Conservancy which may not necessarily be in our best long term interest. 2432 PELICAN BAY ADVISORY COMMITTEE ~ 20, ! 997 16G 2 Mr. Popper stated that his only other comment is that fight from the beginning he had a concern that if we didn't localize this to the problem at hand, it w/Il become more of a global issue, visa vie Vanderbi~t, Seagate which is being purported now by the Conservancy. That is not within our purview. Mr. Ward agreed saying that if you allow Mr. Brown do what he has been hired to do, you will get done what you want to get done. Mr. Young stated that Mr. Brown should meet with Mr. Googenheim face or face. Mr. Ward replied that they have and so has Dr. Hillestad. Dr. Hillestad has been here and made presentations to the Conservancy and groups w/thin the Conservancy about this plan prior to the submission of this permit. /nterface is going on and I think this is "posturing" at this point in time. Mr. Young stated that he got the impression after talking with Mr. Googenheim that he hasn't really been presented the entire picture. He may be getting his information from sources not as reliable as he should be. Mr. Ward replied that is a valid point and ifthat is true we need to solve that issue. Mrs. Obiey stated that her complaint about the letter was that they have not taken the time to see what research we have done. When I was in school and you got a Ph.D., you always used the method of inquiry. He didn't ask any questions. Mr. Young stated that his complaint was that we didn't even get a copy of the letter. Everybody else in the world got a copy, but we didn't. Dr. Varley asked if Mr. Ward felt that Mr. Brown was the best person to be responding? Mr. Ward replied in the affirmative. Mr. Brown asked ifh would be appropriate to invite the Co,errancy to our meeting? Mr. Ward replied that he would not recommend that at all. 2433 PELICAN BAY ADVISORY COMIVflTTEE May 20, 1997 168 P_ Mr. Popper stated that he would have thought there was enough diaJog in the last eight months that we would not have to be staining at point one with the Conservancy. Dr. Vazley stated that he thought we had the feeling that the Conservancy had looked at it and they were satisfied that it was a good program. M~'. Ward stated that he understood that a~so. Mr. He-hanson agreed that it has to be a very informM per to person thing. I have run into many cases where we thought the Conservancy was on board, but their biologist writes a leRer such as this. It may be his own personM opinion and that is a~l and is the way it needs to stay at this point. ADJOURN: There being no fucther business, the meeting adjourned at 5:00 P.M. Dr. Alan Vazley, Chairman ~ ~ NEXT REGULAR MEETI3WG IS SCHEDULED FOR 3:00 P.M., WEDNESDAY, .VONE 4, 1997 2434 Collier County Govt. Complex Bldg. - j 3301 Tamiami Trail, East, Naples. FL 33962 Telephone fAC 813) 774-4434 JIM WARD 8¢1 LAUREL OAR DR. NAPLES. FL. 34108 MAY 19. 1997 DEAR JIM. THE FOLLOWING IS ENCLOSED: - APRIL'S MONTHLY STAT REPORT - CRIME REPORT 2-16-97 THRU 3-15-97 THE EMERGENCY KEY BOX PROGRAM THAT D/S GANGL DEVEI_OP. ED HAS BEEN APPROVED AND THE BOXES ARE BEING INSTALLED. THE BOXES WILL BE INSTALLED ON ALL THE CONDOMINIUt4S IN PELICAN BAY. AND THEY WILL ALLOW ACCESS BY EMERGENCY PERSONNEL (SHFRIFF'S OFFICE AND EMERGENCY MEDICAL SERVICES). DURING JUNE. JULY AND AUGUST ! WILL BE ASSIGNED TO ROAD PATROL. I WILL BE UNABLE TO PROVIDE YOU A MONTHLY REPORT FOR THIS PERIOD OF TIME. NORTH NAPLES SUB-STATION 16G 2 UNY FOI~M DIVISION MONTHLY S TA T I~Z P 0 ZT M~ 0P: A~ILTL 1997 TOTAL ACTIVITIES 1640 FELONY AR/~ESTS 03 BAKER ACT WRITERS 52 MISD A/~RESTS 04 MYERS ACTS ACCIDENTS WOP. K 08 WI~RR. ARRESTS 00 *SIG 41/{ ACCIDE1TT ASSIST 08 AR3LEST ASSIST 01 *SIG 4lB *F. I. REPORTS 06 *TRAFFIC CITS 60 CITY CALLS *I/TI'ELL. REPORTS 00 *TRFC. WARb'I/~GS 18 BACK-UP (ILS 2] *COMM POL. FORMS 17 *PARKING CITS. 01 SCHOL XII~G ~ OTHER AGE/~CY 06 N.T.A. 'S 02 TRFFC STOPS SPECIAL ASSIG~ 03 FALSE ALARMS 169 S.I. TOTAL 72! SIGNATURE/ID# of Subsuazion Commander 7 Daue Classification ALL /~THER DEATHS BATTi~RY BURGLARY OF DWELLING CRIMINAL MISCHIEF FOUND - PROPERTY PIZTTY YHI~I-T ALL PETTY/GRAND THEFT PflTTY/GRAND THEFT PROPERTY DAMAGE GUGPlCIOUS INCIDIZNr:] TRAFFIC ACCIDENT Grand Total: Collier County Sheriff's Office Crimes by Day of Week From 02/16/97 through 03/15/97 ~or Grid 1201 PELICAN BAY AREA Gun Mort Tues Wed Th,.ir Fri Clas~, Sat Total 0 0 0 0 I 0 0 1 0 0 0 0 I 0 0 1 1 1 0 0 0 0 0 0 0 0 0 I ! 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 I 1 0 0 0 I 0 0 0 0 0 0 0 0 1 0 0 0 0 1 0 0 0 1 0 I 0 I 0 0 0 2 0 I 0 0 0 0 0 1 I 3 0 3 3 2 2 14 Collier County Sheriff, s Office Dispatches by Day of Week Prom 02/16/97 thpough 03/15/97 Fo~ Grid 1201 PELICAN BAY AREA 16G 2 Dispatch Type Sun Mon Tues Wed Thur Fri Dispatch ACCIDENT Sat Total ALARM 0 2 0 0 0 0 0 2 AMBULANCE 15 26 22 30 29 26 18 166 ANIMAL COMPLAINT 0 BURGLARY 0 0 0 I ! 0 2 4 CRIMINAL MISCHIEF 1 0 I 0 0 I I 4 DISTURBANCE 0 0 0 0 0 1 0 1 DOMESTIC 0 I 0 0 0 0 0 ! EXTRA PATROL/RESIDENCE FIR~ 0 0 FORGERY/FRAUD 0 0 1 LOST/FOUND 0 ! 0 0 0 0 0 1 MISSING PERSON 2 0 0 0 0 0 0 NOI~ COMPLAINT 0 0 0 0 PARKING VIOLATION I 3 0 1 0 I I 7 SUSPICIOUS INCIDENT 0 0 I 0 0 0 0 SUSPICIOUS PERSON 0 SUGPICIOUS V~HICLE 0 I I 0 0 2 0 4 THEFT 0 0 0 0 0 I 0 ~REGPA:]SING 0 0 0 I 0 0 I UNVER 911/WELFARE CHECK 0 0 0 I 0 0 0 UNV~R~FIED 911 VERIFy VIN 0 0 0 0 0 1 0 1 0 0 0 I 0 Grand Total: ==== ==== 0 0 ~2 41 31 41 56 38 25 234 COLL/ER COUNTY GOVERNMENT NOTICE OF PUBLIC MEETING 801 LAUKEL OAK DRIVE SUITE 605 NAPLES, FL 34108 (94 I) 597-1749 FAX (941) 597-4502 A CERTIFIED BLUE CHIp COMMUNITy NOTICE IS HEP, BEY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON JUNE 4, 1997 at 3:00 P.M. AGENDA Roll Call Approval o£the May 7, 1997 and May 20, 1997 Minutes Update on the Clam Bay Restoration and Management Plan - Mr. Ted Brown Continued Item: Consideration of request by the Pelican Bay Foundation to address the Advisory Committee relative to the inclusion of bike path lanes within the road rights-of- way for Pelican Bay Boulevard and GulfPark Drive Committee Requests and Audience Comments Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY TH~ PELICAN BAY ADVISORY COMMI~E, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WiLL NEED A RECO/LD OF THE PROCEEDINGS AND THAT FOP, SUCH PURPOSE, HE MAY NEED TO ENSUR~ THAT A VEKBATIM RECORD OF ~ PROCEEDINGS IS MADE, WHICH isRETCoO_P~_ INCLUDES THE TESTIMONY SE BASED. ~ AND EVIDENCE UPON WHICH THE APPEAL ~rrl$ ~ MISC. Cortes: Hanc~ Co~ $ tint t ne~ ill<: 'K1e Copies To: April 21, 1997 · ~,,'~sc~'r?? OF 'Z'~ ~Z~ OF ~S RECEIVED com~ ~o~c~m ~o~m JUN '/ 1997 Naples Florida, April 21, 1997 ~,~r,~ ,~ '.'~ . .... Let it be remembered that the Code Enforcement Board met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Comp]ex, East Naples, Florida, with the following members present: CHAIRPERSON: Mireya Louviere Jim Allen Charles Andrews Richard McCormick George Ponte ALSO PRESENT: Richard D. Yovanovich0 Attorney Roetzel & Andress Marie E. Cruz, Code Enforcement Linda Sullivan, Code Enforcement Director Norris '..~----- Hancock Constant / Mac'Kte tne~ Berr~ ~ Misc. C0rrc$: Da,re: ' " Copies To: Page 1 bi'FO~ --M' ;LRD OF ~ COUNTY FLOP. D~ 2 ~ate: April 21, 1997 at 8:30 o'clock A.M. Location: Collier County Government Center, Aden. Bldg, 3rd Floor NOTE: AN~ PERSON W~O DECIDES TO AP~F. AL A DECISION OF T~IS BOARD wILL NEED A RECORD OF T~£ PROCeEDINgS PERTAININ~ ~R~, ~ ~EREFOR~ ~y NE~D ~ ENS~ ~T A ~ATIM ~CO~ OF ~ PR~EDI~s IS ~E. ~IC~ RECORD INCL~S ~ T~$TIMO~ ~ EVID~ ~ON ~I~ ~ ~p~ IS ~ BE ~AS~. ~I~ER COLLIER CO~ NOR ~E CODE ~;FOR~ BO~ S~L BE ~SPONSIBLE FOR ~ROVIDING ~IS RECORD. APPROVAL OF MINI;T£S March 27, 199~ PUBLIC HEARINGS A.' ~CC vs. BRUCE WOOD B. BCC vs. CATMERINE STIM:WJ%R A. Review CEB Rule~ and Regula=ions A, BCC vs. Florida Co~uni=y ~ank f/k/a Firs: Bank of Immokalee Filing of Affidavit of Non-compliance and Request for Impo$ition of Fines CEB NO. 94-001 CEg NO. 97-00S CEB NO. 97-006 ADJOURN May 29, 1997 16G 2 April 21, 1997 MS. LOUVIERE: I guess we're ready to start this morning. The April 21st, 1997, Code Enforcement Board of Collier County is now in order. Before -- I'd like to make some modifications to the agenda prior to us starting it and approving it. I had -- actually, I had two letters. One was from Rick, telling me he wasn't going to be here, and I'm very glad to see that he is here. And the other is from Celia Deifik. She's asked that we excuse her. She gave me correspondence because she's celebrating the Jewish holiday. So I make a motion we give Celia her excused absence. Do I have a second? MR. ANDREWS: Second. MS. LOUVIERE: First and a second. Everybody in favor signify by saying aye. (The panel members responded.) MS. LOUVIERE: It passes unanimously. If we can have a roll call to the left? b!R. PONTE: George Ponte. MR. McCORMICK: Richard McCormick. MS. LOUVIERE: Mireya Louviere. MR. ALLEN: Jim Allen. MR. ANDREWS: Charlie Andrews. MS. LOUVIERE: Please note that we do have two other Board Omembers. One of them is an alternate and I'm not so sure -- I'm not positive the alternate has to call us in if she's going to be absent, but I have not been contacted by her. And the other person is Mr. Mueller, and we have not heard from him ~his morning, either. Do I have any changes to the agenda of APril the 21st? MS. CRUZ: Good morning, Madam Chairman. For the record, my name is Maria Cruz, Code Enforcement Specialist. Staff would like to request that under Public Hearings, Item B, moved up first to become Item A. MS. LOUVIERE: I have no problem with that. Can you tell me the reason why we are switching the -- moving her up? MS. CRUZ: Yes. The individual that is obtaining ownership of this property is present and he's got another appointment that he has to meet right after this meeting. MS. LOUVIERE: I make a motion that we move Item 4-B to become now -- to be heard before 4-A, so basically, we are switching those two items around MR. ANDREWS: Second. MS. LOUVIERE: Okay. A first and second. Anyone in favor -- everyone in favor signify by saying aye. (The panel members responded.) MS. LOUVIERE: It passes unanimously. Any other changes? MS. CRUZ: No, ma'am. MS. LOUVIERE: Or additions. Page 2 April 21, 1997 Do I have a motion to approve April 21st agenda? P[R. ANDREWS: So moved. MS. LOUVIERE: Okay. We have a motion. I second the motion. Ail in favor signify by saying aye. (The panel members responded.) MS. LOUVIERE: The motion passes unanimously. Maria, are you going to present -- MS. CRUZ: Yes, ma'am. MS. LOUVIERE: -- the agenda Item 4-B? MR. YOVANOVICH: Before we -- I think we need to do the approval of last month's minutes. MS. LOUVIERE: Oh, thank you. I was rushing through it, as I am known to do, because I am Cuban. MR. McCORMICK: I make a motion that we approve the Minutes of March 27th. MR. ANDREWS: Second. MS. LOUVIERE: We have a motion and a second. All in favor signify by saying aye. (The panel members responded.) MS. LOUVIERE: It passes unanimously. The March 27, 1997, Minutes are now approved. Thank you. Staff? MS. CRUZ: Our first case is Board of County versus Catherine Stimman, case number -- CEB Number 97-006. Staff would like to request that this case be extended for 30 days. I have -- we have present Mr. Dave Falado (phonetic), who is the individual purchasing this property and perhaps the Board would like to hear him to explain the circumstances why he's asking for this ext6nsion. MS. LOUVIERE: That's fine with me. Please 'come up to the mike. Thank you. MIR. FALADO: I'm buying the place -- COURT REPORTER: We need him sworn in. MS. LOUVIERE: Court Reporter, will you please swear him in? (The speaker was sworn.) MR. FALADO: David John Falado. I'm just waiting for a -- for a -- for the mortgage to go through. The place is getting appraised today. I was a little late handing in the application because I've been busy. So I turned it in last week. They are appraising it today. Hopefully the place will close in a couple weeks. MS. LOUVIERE: Okay. So -- MR. FALADO: After I take ownership of the property, as soon as I get ownership, I'll make the attempts to paint the place and change some of the bad wood on the house and make the appearance a little better to keep the guy next door quiet. That's basically it. MS. LOUVIERE: Okay. Do you think 30 days is what you need? I~P,. FALADO: I think it's more than enough, but that should be sufficient, sure. MS. LOUVIERE: For you to buy it and then to also make the Page 3 16G 2 O April 21, 1997 repairs, so we can totally resolve this, or at least start? MR. FALADO: I know it can be started. I don't think it will be -- by the end of the 30 days -- excuse me -- If it goes to settlement within a couple weeks, I guess I could probably have the place fixed up a little bit and show an attempt. MS. SULLIVAN: I'd like to ask Mr. Falado how long he thinks it might take him to complete the job, if I may? MR. FALADO: Maybe a couple months. MS. LOUVIERE: Two months? MR. FALADO: Yeah, maybe a couple months from date of settlement before, you know, the appearance changes, like I said, to keep him quiet next door. All of his complaints are kind of fabricated to the situation on the house. MS. SULLIVAN: If I may add, this is a property that was going to be demolished and it really, in our opinion, doesn't really need to be demolished. Mr. Falado came in like a couple days before the Board meeting and said if you give me the time, I would like to buy the place and fix it up. That's the reason we are recommending, but I would like to ask that we could reschedule this in 60 days and at that time it should be done, instead of just continuing it indefinitely. MS. LOUVIERE: No, I think your first motion was to continue it for 30 days and I'd rather, you know, just leave it for 30 days and have, you know, have the Board -- I'd like to hear from staff what has been done to the property at that time. Ygu. know, you are aware that when you purchase the property, you Swill picking up whatever issues go along with the property. So you do have to clean it up, which is what you're GoinG to be doing. MR. FALADO: Yeah, that was another question. All the violations that--'- that -- that they have called in against this property, I was kind of under the impression that these Get deleted or dismissed somehow after the property changes hands '. , · chance to show that I'm fix; ...... ' Thl~.wa~, it Gives me a there's goin~ ~ ~ ...... ~ ~ ~ace up a ±lttle bit. And if they would ..... a~y more complaints by that certain party that see that the place is getting fixed up somewhat. I mean, he -- the chronic complainer for that particular property is -- he calls all the time and comes up with something new every time and I can't see every violation that he keeps calling in needs to be repaired right away. You know, the biggest part of it is the appearance of the house. MS. LOUVIERE: Well, if there are -- if his calls for -- if his reports of violation are violation of the Land Development Code, Code Compliance staff will have to act on it. If the person is calling and he is complaining about the color that you painted your house, then that is something that's not founded and there will be nothing that Collier County staff can do about it MR. FALADO: Right. . MS. LOUVIERE: So I think that we do have the means of, you know, ka-od!inq this issue. As far as whether or not the problems that'now exist will be your Oresponsibility, I, as the Chairperson on this Board, cannot Give you Page 4 16G 2 April 21, 1997 O that kind of legal -- I would say yes, but I strongly recommend you met your -- you meet with your attorney and ask him. MfR. FALADO: Okay. Well, regardless, I'm going to fix the place up when I get it. MS. LOUVIERE: Excellent. MIR. FALADO: Yeah, that's all. MS. LOUVIERE: That's what we wanted to hear. }iR. FALADO: I'm going to fix the place up, because the previous owners, the Stimmans, were going to knock it down only to satisfy and keep this guy quiet. MS. LOUVIERE: Well, it's my goal and ambition not to see you here so -- MR. FALADO: Okay. MS. LOUVIERE: And to get this resolved. Does any other Board member have any questions? I make a motion we continue this matter for 30 days and then staff can tell us how this issue is being resolved. MR. ANDREWS: I'll second that motion. MR. FAJ~ADO: Will there be another meeting in 30 days? Because I'll be glad to take some pictures of the place right now, the way it looks, and then when I come back -- MS. LOUVIERE: That would be excellent. MR. FALADO: -- show some pictures that, you know, I fixed this and he did that. Okay. MS. LOUVIERE: That would be wonderful. Thank you very much. MR. FALADO: Thank you. Have a nice day, folks. MS. LOUVIERE: Thank you. MR. A/TDREWS: The next meeting won't be 30 days because this is king of an orphan meeting. MS. LOUVIERE: It is. You're right, charlie. So instead of 30 days, whenever the next meeting is scheduled for. MS. CRUZ: It's scheduled for May 29th. MS. LOUVIERE: May 29th. MR. ANDR~.!S: So it gives him a little more time. MS. LOUVIERE: May 29th, 1997. MS. SULLIVAN: I'll copy down your motion. MR. ANDREW;S: Okay. MS. LOUVIERE: Yes. Yes, you will. So we have a motion and a second to continue CEB Number 97-006 to May 29th, 1997, to allow the new owner to come and fix the violations of this parcel. Everyone in favor signify by saying aye. (The panel members responded.) MS. LOUVIERE: It passes unanimously. MR. FALADO: Thank you, folks. Have a nice day. MS. LOUVIERE: Now we are prepared to listen to CEB Number 97-005, BCC versus Bruce Wood. MS. CRUZ: Madam Chairman, our next case is Board of County Commissioners versus Bruce Wood, case number CEB Number 97-005. Mr. Wood is brought before this Board for allegedly being in Page 5 16G April 21, 1997 O violation of Land Development Code 91-102, Section 1.8.7, Section 2.6 -- excuse me -- 2.7.6 paragraph 1 and Section 3.3.2, for placement of a mobile home structure and related utilities, also storage of vehicles, commercial equipment and construction materials on an unimproved parcel without Planning and Zoning review and without a Collier County building permit. The location of this property is 5800 Houchin Street, Naples, Florida, more particularly described as Section 11 Township 49, Range 25, ~'arcel 101. ' MS. LOUVIERE: Thank you. And Tony Pires will be representing Mr. Wood in this matter? MR. PIRES: Yes, Madam Chairman. Madam Chairman, for the record and for the Board, Anthony p. Pires, Jr., of the law firm of Woodward, Pires and Lombardo, representing Mr. Wood. If I may, with the Board's indulgence, I'd like to ask that this matter be extended to the next Board meeting, if we could. Mr. Wood, after the last Board meeting, the Board was kind enough, after the lengthy hearing on the other issue, to continue this until today. He met with Mr. Nino of Planning Development Services. He's also retained the sea--vices of an engineering firm. I did not -- was not able to contact Mr. Nino until last week. I have a letter that I sent to Mr. Nino basically outlining what we propose to do; that is, submit for a site improvement plan to basically take this vacant parcel that's adjacent to the warehouse site and make it one parcel for Oplanning purposes. And if I may, I have a letter that I sent to Mr. Nino confirming our discussions, and I've handed a copy -- I provided a copy to the staff and ask that staff hand these copies out to the Board members. And % 'think we can, you know, submit these. We'd like to have that time frame to submit the site improvement plan to the staff. We're not aware of any prejudice that would arise to anyone. It's an industrial park; we're not aware of any complaining neighbors. The trailer that's at issue here, the electricity has been shut off to it. It's not occupied by any person. And basically what we'd like to do is submit the site improvement plan, have the time to do it; to basically fold this gravelled vacant lot into the umbrella of the warehouse principal use, as outlined in my last paragraph of the first page. MS. LOUVIERE: Is Mr. Nino open to this suggestion? Because basically what you're doing, if I understand correctly, is you have two parcels and then you are going to take the current land, the current parcel that we are discussing, the one that has the trailer on it, and you're going to just make it one big piece? i~R. PIRES: Basically, we have one site improvement plan for the whole thing, so then you have this vacant would be more properly, I guess you would call it, accessory to the warehouse uses. MS. LOUVIERE: Accessory to the warehouse uses. MR. PIRES: Right. MS. LOb'VIERE: So he's not going -- you don't, when you spoke with Mr. Nino, you didn't get the feel that he's going to have to Page 6 April 21, 1997 O rezone this parcel. MR. P/RES: No, ma'am. MS. LOUVIERE: It's basically going to be part of the same warehouse use -- M~. PIRES: Right. MS. LOUVIERE: -- and he'll be required to show it's just a site development plan. MR. PIRES: Site improvement plan, actually. MS. LOUVIERE: Site improvement plan. MR. PIRES: Correct. As opposed to an SDP, which was nice to hear that also. MS. LOUVIERE: Yeah, so it's nice to be able to take a little longer. MR. PIRES: Yes. MS. LOUVIERE: Okay. MR. ALLEN: Excuse me. Who is the engineer of record? MR. PIRES: The engineer? I think -- who did you -- MR. WOOD: American Engineers. MS. LOUVIERE: American? MR. PIRES: Yeah, is that Darrell Marsh. MR. WOOD: Well, Darrell was out and the other guy said that he needed to talk to Darrell and he would get going on it as quick as he could. I think I talked to him on the 14th, in the evening. MR. PIRES: So with the Board's indulgence, we'd like to request Othat it be extended until the meeting of the 29th. MS. LOUVIERE: Do any of the Board members have any questions prior to -- or any discussions regarding the continuance? MR. McCORMICK: Let's hear from staff on their position. 'MS. LOUVIERE: Go ahead, Linda. MS. SULLIVAN: Okay. Staff understands What Mr. Woods is trying to do and I don't really have any problem with voluntary compliance. The only problem I have is continuing these matters when the parties assure me that in 30 days that they will have something in compliance and wait this long to start in a new direction. But having said that, I'm not going to make any recommendations. MS. LOUVIERE: She does have a good point because this letter was written April the 18th. MR. PIRES: Yes. I guess you -- you know, that's my -- my fault for not contacting Mr. Nino until that time frame. So I apologize to the Board. time' MR· WOOD: I did go see Ron immediately when I left here last MS. LOUVIERE: Yes, sir. Okay. Does anyone else have any questions or comments? MR. ALLEN: I have a suggestion. Since it's an SIP versus an SDP, that we request that the SIP is intact by the next meeting. MR. PIRES: Intact meaning submitted and approved? ~L~. ALLEN: Approved. That gives us five weeks to have the SIP approved, so this thing doesn't linger on. MR. WOOD: That's no problem. Page 7 MS. LOU~IERE: along with that. MR. ANDR~S: 168 April 21, 1997 I would be willing to -- I'll be willing to Yes. biR. I~cCORMICK: Let me also add that it would be my opinion that we don't dismiss this case just because there's it needs to be corrected and that the time line a SIP approved, that or the allowable time that goes with an SIP might be a year. And I think at the next meeting we may take liberty to have the respondent clean that up and make the changes in a quicker time period than that, maybe a 30 day or a 60 day, but we can address that at the next meeting. But I don't want you to be under the false assumption that just getting the approval of the plan will allow you a year, or some time frame like that, to take care of the situation. MS. LOUVIERE: I think what we're saying here is that by May 29th, 1997, he is to come to us with an approved SIP. And that at that time, you know, he -- we are going to tell him that he has so much time to go ahead and do the improvements the SIP sets forth. If they are not done, then we will start to fine him so that he doesn't feel he has like a year, or whatever, to get this in place. AfR. McCORMICK: Let me ask Mr. Yovanovich. We would probably have to find that the respondent is in violation first and have to have the hearing. MR. YOVANOVICH: As we've talked about it in the past, I think Owe're a little ahead of ourselves right now. Until you've actually had a hearing and found a violation, you cannot tell the respondent what to do. We're not at that stage right now. The respondent's asking for a continuation, and I don't have a real-problem wi~h him showing you that he's going forward in good faith to request that continuation. But as far as the next step of saying you are in violation of whatever this individual's been charged with, and we will start fining you, we have to have the actual hearing. Right now, he's asking for that hearing to be continued. MR. PIRES: Madam Chairman and members of the Board, what we'l! do, I talked to my client, we will put a time frame in the SIP for completing the improvements, because we don't believe that it will be that extensive. And so I understand the Board's sentiment and concerns. I understand the message that the Board has conveyed. MS. LOUVIERE: That will be wonderful. That way, when you talk o Ron Nin~ ~h? is the planner for this project, ou ca ' ~ong you thln~ it will ta ..... ~ ..... ~, L . Y n tell him how ke ~ ~ ~u a~ uhe improvements done. FIR. PIRES: I'll convey that to the engineer also, the need for resolving this as soon as possible. MR. WOOD: Basically, it's really done, except for a couple of trees and bushes. MS. LOUVIERE: Except for your landscaping? MR. WOOD: Yeah, that's all. MR. PIRES: You know, I'll convey that to the engineer, also, so Page 8 April 21, 1997 we can get a time line and come back with that to the Board also, as part of the SIP. MR. WOOD: This was Ron0s suggestion that this is how we do it, that was the best way, instead of having a separate thing. He said why can't you incorporate it altogether? I said we can. MR. PIRES: As far as the submittal, we'll have a time frame in there for completion. MS. LOUVIERE: Thank you very much. Any other comments or questions from staff or Board membe ~ay. I make a motion tha ..... ~-- · rs. a ~ -= near case n .u~ner CEB 97-005 -- Ctually, we continue it, CEB number 97-00 . t which tlme w .... ~ ._ . 5, until May 29th, 1997, a · ' ~ ,,==~ ~o see an approved SIP for th ' MR. PIRES: Yes, ma'am is zoning matter -- MS. LOUVIERE: -- or the CEB matter. P[R. AN]DREWS: I'll second it. MS. LOUVIERE: I have a motion and a second. All in favor signify by saying aye. (The panel members responded.) MS. LOUVIERE: It passes unanimously. FIR. PIRES: Thank you, Madam Chairman, members of the Board. MS. LOUVIERE: Thank you very much. M~q. McCORMICK: Will we do an update on the other case? MS LOUVIERE: On which case? MR. McCORMICK: On the one that we heard last month. MS. SULLIVAN: I forgot to ask Mr. Pires if they would be willing to waive notice of the continuance. MSR. PIRES: Yes, we will. We'll waive notice for the continuance. We are on notice it's May 29th at 8:30 a m. ' MS. SULLIVAN: Thank you. ' MR. PIRES: Thank you. MR. McCORMICK: Let me ask of the staff then, will we do -- the case 97-004, MS. SULLIVAN: Mr. Wood's case? MR. McCORMICK: Yes. MS. SULLIVAN: We put that on for 60 days so both of them should be back on the next agenda. MR. McCORMICK: 60 days, okay. MS. LOUVIERE: I notice that the next item is 5-A which is review CEB Rules and Regulations. ' And then we have old business, which is BCC versus Florida Community Bank and First Bank of Immokalee. And if it's all right with staff, I'd like to switch those two agenda items out, because I see that we have people in the audience tha~ probably want to speak on agenda Item 6-A. MS. SULLIVAN: Staff has no objection. That's a good idea. MS. LOUVIERE: Thank you. I'd like to proceed to hear Item 6-A, old business, BCC versus Florida Community Bank and First Bank of ir~mokaleeo CEB number 94-001. MR. ALLEN: Madam Chairman, I may need to recuse myself on this because I'm the general contractor finishing this project. But I may Page 9 16G 2 April 21, 1997 -- before I recuse myself on the voting matters, I ma}, be able to enlighten the staff. MS. LOUVIERE: If you would like to do that° I'd recommend that you maybe step out and then come on the other side and then talk to MR. ALLEN: That's fine. MS. LOUVIERE: That way, you're not perceived as the Board speaking on this matter. Does staff want to start with their case? MS. CRUZ: Yes, ma'am. Our next case is Board of County Commissioners versus Florida Community Bank, formerly known as First Bank of Immokalee. Staff is requesting at this time to the filing of an Affidavit of Noncompliance and Request for Imposition of Fines. Let me just give you a little history on this case. Back on January 27th, 1994 and June 23, 1994, this Board heard testimony under oath, received evidence and heard arguments respective to all appropriate matters on this case. The Board issued an order finding this individual in violation of -- not -- three violations. One was to provide a temporary barricade at the job site within 72 hours, and that violation was complied with. Another violation was to have an active permit on the job site within 30 days. That violation was also complied with. And the last violation was to obtain a certificate of completion for the structure within six months of the date of the signing of the Oorder, which was by December 30th, '94. And that the respondent was supposed to complete the 50 percent of the work toward a certificate of completion within 90 days from the dat~ o'f the signing of the order, which was September 28, '94, and that a Certificate of Occupancy shall be obtained by the respondent for uhis structure within 18 months from the date of the signing of this order, which would have been December 30th, 1995. This case came back before this Board on September 30th, 1996. At this time, this case was continued pending the following; that the original time period to obtain a certificate of occupancy would be extended to July 25, 1996; that a fine in the amount of $7,500 be imposed for the time period of July 25th, 1996 until August 29, 1996; that the collection of these fines be suspended until December 29, 1996. Also, that if a certificate of occupancy is not obtained by December 29, 1996, the respondent will pay fines in the amount of $250 per day for each and every day for the violations set forth in the Board's Amended Findings of Fact and Conclusion of Law and Order of the Board dated June 30th, 1996 -- this was a typographical error on this order; it should have been June 30th, 1994 -- remain in effect. That there will be no fines for the period of August 29, '96, to December 29, 1996. Staff has done research, did research, and found that the certificate of occupancy was not obtained by December 29, 1996. MS. LOUVIERE: Okay. Page 10 April 21, 1997 MS. CRUZ: This property -- ownership in this property changed hands on December 31st, 1996, that in this, then the violations were not -- the violation was not complied by December 29th, being that the former owner owned that property still on that that time at that time. -- on __ ~S. LOUVIERE: So can you state for the record one more time when ownership was changed? MS. CRUZ: According to records, ownership was changed December 31st, 1996. MS. LOUVIERE: And how was it changed? In other words, the way it -- was another corporation added to it, to the name or -- MS. CRUZ: Records reflect that it was changed to a different individual. MS. LOUVIERE: Completely. MS. CRUZ: Completely. MS. LOUVIERE: Okay. MS. SULLIVAN: MS. LOUVIERE: MS. SULLIVAN: with this. MS. LOUVIERE: Madam Chair? Yes. If I may, let me tell the Board what our intent is Please. MS. SULLIVAN: Basically we just want to dispose of this case, you know. We think that it's been hanging around too long We've brought it to dispose of it. · We believe there's some extenuating circumstances in that the property changed hands a couple of days later, and we're happy to let the other party, you know, explain those to the Board. But we would just like, in some way, to get some direction to dispose of this case. MS. LOUVIERE: I am also concerned about the ownership change, because I have been sitting on this Board for'a while now and I have seen this case come before me personally a few times. So at this time, I'd like to hear -- we have representatives from First Bank of Immokalee, correct? MR. WRAGE: It's now Florida Community Bank. MS. LOLn;iERE: It's now Florida Community Bank. Is that what we mean by ownership change? MS. SULLIVAN: No. Those are two different things. -- two different MS. LOUVIERE: Okay. Who owns the property now? Let's just establish that. Let's try that. MS. CRUZ: The property is owned by Eureka Oil, Incorporated, correct? MS. KIDON: Morning. My name's Catherine Kidon, I'm an attorney with Treiser, Kobza and Volpe, representing Florida Community Bank. Florida Community Bank took over the assets of First Bank of Immokalee and I believe that was discussed at the meeting in Se-~tembe_r, and they do assume all the liabilities and have all the assert. So in that wa},, there wasn't a change. It was -- Florida Community Bank, as you may remember, took this property back in foreclosure and it's always been their intent to sell Page 11 16G April 21, 1997 it, and that's why it has come before the Board many times and the Board had discussions. I was not representing Florida Community Bank, but I did review the Minutes of the September meeting of this Board and there was a lot of discussion. Florida Community Bank has been trying to sell the property because they are not able to develop it. Because they are a bank, they can't operate a retail convenience..store. And so they've always had this property listed in order to sell it. They did sell the property on the 31st to Eureka Oil. They did enter into contract on the 18th of December, 1996, to sell the property, with the closing by the end of the year. And so they sold it to new owners. Eureka Oil has now pulled buildings permits and they're actually doing site work on the property with the intention of operating a convenience store there. And I think that's probably what Mr Allen will testify, or speak to you about. · Our request is for a reconsideration or adjustment of the fine. It's our understanding that we're coming before you in reference to the order that was entered in September. And we'd just ask for the Board's reconsideration of adjustment or e×amina~ion of the fine to be established. What the Board wanted was action on behalf of Florida Community Bank. They wanted the property to be sold and the violations to be rrected. Florida Community Bank has done those actions: they listed ne property, they entered into a contract to sell the roe O 18th of December, 1996, befo~ ~A A._. . . ~ P p rty on the obtain a CO. ~= ~ ~plratlon o~ the deadline to I did not represen~ Florida Community Bank in the closing, so I ddn'-t 'know what happened in terms of the closing, but the deed was not signed until the 31st. It was the week between Christmas and New Year's and also the end of the year, so I'm sure everybody was working very hard to get it resolved. And in addition, now the actions that the Board requested are continuing to be taken. The new owners have, as I said, have building permits. They're doing work on the site to try to correct the violations as soon as they can, and also to make a retail establishment that will be an asset to the community. MS. LOUVIERE: And are you asking their -- did I hear correctly -- you are asking us to look at the fines that were currently assessed? -- that are MS. KIDON: It's my understanding that the staff is going to recommend the imposition of a fine. And we would ask that the fine either be removed or adjusted, depending on what they ask for. MS. LOUVIERE: But you're not asking us to take -- to disregard the fines. Because we were fining this property for the past noncompliance, am I not correct? So what this Board has charged this -- the Immokalee Bank -- I'm so/r~ whatever your new -- Florida Community Bank -- I(S. KIDON: Right. MS. LOUVIERE: -- in the past for noncompliance, I am -- I'm Page 12 16G 2 April 21, 1997 totally opposed to relooking at those fines. I mean those will stand. If you're asking me to take a fresh new look from now on, that's a different matter. MS. SULLIVAN: Madam Chair, for the new members and just a recap, if the Board chooses to impose the fines that were going to be imposed if the property had changed hands two days earlier or whatever, I think it was $7,500? Isn't that correct? If the Board would make the decision that no, the CO -- the property didn't change hands in time and the CO wasn't issued, at $250 a day, they are now looking at $61,000. So I hope that helps you. MS. LOUVIERE: That's a -- more?MIR. McCORMICK: Now, can you explain that to me a little bit MS. LOUVIERE: Yes, please. It's a little bit confusing MS. SULLIVAN: It is confusing. · MR. McCORMICK: The order was that they needed to have a CO by a date certain in December, correct? MS. SULLIVAN: That is correct; the 29th. MR. McCORMICK: And if they didn't then -- MS. SULLIVAN: If they didn't, then the fines which had previously been reduced would be $7,500, but they wouldn't pay that unless they didn't get the CO by the 29th. I think what happened is they had accumulated some fines before and the Board says, well, we'll reduce them to $7,500 but you must O get the CO by December 29th. ' P[R. McCORMICK: And then what's the $61,0007 MS. SULLIVAN: Well, if they didn't get the CO by the 29th, then the fines would revert back to the original order. 'MR. YOVANOVICH: And there may be some confusion, and I will take responsibility for ~hat confusion, because I did talk to Maria Cruz about how we calculate the fine, and apparently I misunderstood her question over the phone. The way I read the order is there would be no fines, as the order says, from August 29 to December 29. So I understood the Board's action to be that that was -- that was a -- that was a free period to try to get everything done. There was a fine for the previous period because they were late when they got to the Board and asked for it. So they were late under the previous order, so you did fine them $7,500 for that period they were late when they finally got to you. Then there was a free period to try to get it fixed and then the fine started again, starting December 29th. I misunderstood Maria's question. I thought we were on the same page: apparently not. I don't think there's a -- I don't think you retroactively apply the fine back to July 25th. MS. SULLIVAN: No. I think you're correct. I think I was talking about the previous order -- MR. YOVANOVICH: Oh, okay. So it's --- MS. SULLIVAN: -- that we go back to the previous order. MR. YOVANOVICH: So you are calculating it from the 29th of Page 13 .t6G 2 April 21, 1997 O December? MS. SULLIVAN: But I will tell you -- MR. YOVANOVICH: Oh, okay. MS. SULLIVAN: -- that the $7,500, that period, for the $7 500, that was not calculated in the 61,000. , MR. YOVANOVICH: It was not. MS. SULLIVAN: No, we took that out. MR. YOVANOVICH: So that's from December 29th to today is $61,0007 MS. SULLIVAN: It is from -- two days from the 29th to December 30th, and then starting with January 31st with the first of January on. -- MR. YOVANOVICH: Oh. Then if that equals 61,000, that's correct. MS. SULLIVAN: Right. That's just from January 1st and those other two days. MS. LOUVIERE: So they owed us $7,500, initially. MR. YOVANOVICH: That we agreed that it was $7,500, initially. MS. KIDON: I think what staff has done is they've tried to revive the order from January -- or from June 23rd of '94, and so the fines they are imposing are for two days in 1994, and January 1st through July 29th, or August 31st, anyway, of 1995. So what they've done is they've interpreted the order to Go back and revive the June order, and I think what our position is, the fine, the most fine that could be imposed is $7,500 plus is that Oeach day after December 29th. 250 for MR. YOVANOVICH: 19967 MS. KIDON: 1996. MS. SULLIVAN: I would like to let Maria speak to this. We have c~lc~i'ated it from '95 and '96. FIR. YOVANOVICH: Oh, okay. Well, then -- MS. CRUZ: Help me out. MR- YOVANOVICH: Okay. MS. CRUZ: -- F~. ¥ovanovich, here. The last order dated -- MS. LOUVIERE: Okay. Before -- it seems that we have Gotten off on a different tangent. And what I'd like to do, since we're not even going to vote on -- we're not there yet on this case. Can we just -- if it's okay with you, Rick -- I'd like to go ahead and wait till the fines -- to listen to the fines at the end. Let me Go ahead and hear what's Going on with this case, what's the actual status of this case, and then we will talk about monies. How's that? MR. McCORMICK: Fine. MS. LOUVIERE: Okay. And then you Guys start to Get -- please start to review your documents because you're telling me -- I mean I may be incorrect here, I've heard two figures, $7,500 and $61,000, and I need to know where those figures are co ' I don't have ..... ~- . . ming from. Okay? ........ ~,~ uuner questions o~ you at.this time. I u~ner lnalviduals and I would like to hear from them. see two (The speakers were sworn.) Page 14 16G 2 April 21, 1997 M~. ALLEN: My name's James D. Allen, Jr. I'm a general contractor, and we, by some strange twist of fate, ended up as the general contractor finishing this project for Eureka Oil. This is -- the more I've gotten involved in this project, the more complicated it's become. Our client is Francisco Colosso (phonetic) and his family, which owns Eureka Oil. They told us they were going to purchase the property in early December, and could we get them an estimate together. We went to the County and looked through all the County building department records, showing the building plan, the SDP, and all the related items that were drawn by Robert Lockhart, the engineer and were approved by the County back in December. That's what we based our estimate on. In late December -- because we were going to close somewhere like in the -- in the year of 1996, Mr. Colosso and Eureka Oil were going to close at the bank during that period of time, they wanted us to tighten all of our bids up, so that's what we were doing. Come to find out, okay, the building is built nothing as per the plans that were approved by Collier County. The site development plan, okay, the building shows that the building is sitting at 21 feet above flood elevation, 21.0, as approved by the engineer and approved on our day spot survey with the County, when in reality, the building is at 18.2. So there's a three-foot bust across the whole site. That's where one of our problems began. In the fact that the building was not ~built by Winsco, according to the plans, i.e., plumbing locations, ~-- electric locations, door location, the roof size, physical size of structure, it required our firm to basically redraw the site development plan in totality and redraw all the building plans in totality. So although I was the one that brought up, I believe, the fine against Mr. Wrage and the bank months ago -- I think I was the one who made the motion -- they just needed to drop the price. They did drop their price. They took a bath on it. I should not be sitting here on his side, because I was the one that recommended the fines. But they did lower the price, they did sell the building, they did take a substantial loss in the sale, because I know what my clients bought it for. And then once our clients bought it, we found out that due to some purging of the files of the County or the files were lost or the records were lost, there was no way to proceed to finish the project, whether it had been our firm or anybody else's firm. No one could have done -- had Mr. Wage said, Mr. Allen, here's the project on December 1st, you got 30 days to finish it, I don't care what it costs, nobody could have finished it because the plans had to be totally drawn, both the SDP and the building plans. That's sort of bringing staff up to speed. MS. LOUVIERE: Okay. Thank you. MR. WRAGE: For the record, Gary Wrage, Vice President, Florida Coramunity Bank. You're right. This has been a comedy of errors from Page 15 April 21, 1997 the beginning. Two things that I would like to point out when we talk about this fine. You can impose and now fine the money we have already spent. Obviously, my boss would like to pay no fine. But two things. One, when we took this project over, it was literally a mess. We had two choices, after all the litigation we went through, was to take it back to palmettos or bring it forward to some semblance of order to sell We chose to spend the money and bring it forward. ' At that time, this Board and the Director of Code Enforcement said we realize this location is going to be tough to sell, the most we can give you was the time allowed, but don't worry, we probably can give you an extension, which you did. If you have heard me testify before, we went through ~hree realtors, we went through two different contracts. One contract was defaulted on; we are still before the Real Estate Commission trying to ~ resolve that. So I guess I feel like we did the best we could with what we had. It took a lot of time. I'm sorry. The bank spent a lot of money. The other thing I can tell you is that when we stood before you last time we were in deep negotiations. Unfortunately, Mr. Allen didn't mention there was another piece of property involved in that. I really couldn't even -- I couldn't tell you it was sold anyway. I was pretty certain it was, but we were negotiating with another party, oand so I couldn't even bring that forward. I guess I throw myself on the mercy of the Board. Thank you. MS. LOUVIERE: Before you step back, I do want to say a couple things that have not been addressed. 'One is, if this property had all those problems prior to being bought, I'm amazed that a feasibility study was not done prior to purchase by the o~aner, Eureka Oil Company, where they would have found that you've got three feet are missing on elevation. So that somewhere along the line, these issues had to have been brought up and Eureka Company still decided to purchase this property with all these other -- I'm making an assumption here, but do you follow my point? I'm getting a little frustrated with that line of thinking, that the reason that this is not being handled is because gee, nobody knew about these problems. Come on. That's one issue. The other issue I have not heard is the transportation issue that you have there. I mean is that being resolved, the fact that you have a curb and they wanted a turn lane built? MR. WRAGE: That, I can't answer to. MR. McCORMICK: Let me ask you this, Mr. Wrage. Did Florida Community Bank know about the discrepancies between the actual structure ~hat was half-built there and the approved building permits and plans? MIR. WP, AGE: No. We hired Wall Systems to bring it to what Eureka Oil purchased. At that time, the only concern we had at issue was the Oturning lane, which was not resolved at that time. And that, my Page 16 April 21, 1997 understanding, depended on the type of use that building could be used for. There was a possibility negotiated with one outfit that was my understanding -- and I'm not an engineer -- would have been a lower -- would have been applied for a lower use, which would have meant we would have not needed a turning lane, such as an office building versus a convenience store, which is high use, high traffic. So we never addressed the turning lane issue as a bank. We didn't know if we were going to sell it. MIR. McCORMICK: What about the elevations and the plumbing and the other things? MR. W'RAGE: I was not aware of that until today, seriously. MR. McCORMICK: Even though you probably would have had people supe~~ising the construction MR. WRAGE: See, basically the initial building, all that was there was the foundation, some walls. They were starting on the roof when Winsco went bankrupt. MR. McCORMICK: Okay. MR. WRAGE: In fact, part of the problems was at that time is they were getting code violations, and we were aware of that. In fact, we even foreclosed within a month after the thing started, because we were in trouble. MS. LOUVIERE: I can certainly understand all the hardships that you have had. But you also need to understand that we have been Olistening to this case for a long, long time, and that we have to start looking at the issue of fines a little harder, because it's just -- it needs to be resolved. It may be complicated, it may be that you were trying to sell it, iu m%y be that the elevations weren't where they should be, but we need to see it taken care of. MR. WRAGE: Well, in all due respect, I think it finally is. MS. LOUVIERE: I think I've heard that. MR. WRAGE: I think there is going to be something out there that the County will be proud of that we were not going to have before. Obviously, we're over 21. We went into this almost four years ago thinking that's what we were going to do It seems like one error led to another. · But it's always been the bank's contention to do what was right. I mean, I have never misled you on that. time?MS. LOUVIERE: Are we reducing the use on that property at this MR. WRAGE: Not to my knowledge. It is going to be a convenience store-gas station. MS. LOUVIERE: Then I just don't see the transportation issue going away. Unless I know something -- unless I am not aware of what the planners of Collier County and the developmental reviews are going to do. The way I understood it, the reason that you unable to complete the old site development plan was because you needed a turn lane because of the use. Go ahead, Jimmy. Page 17 April 21, 1997 MR. ALLEN: I can help you on that. MS. LOUVIERE: Please· MR. ALLEN: The new owners Francisco Colosso and Eureka Oil, met with Tom Kuck -- ' MS. LOUVIERE: Okay. MR. ALLEN: -- and with Ed Kant of the Department of Transportation and with George Archibald before he retired· Okay. The turning lane off of Randall that was a concern early on ha this gentleman bought the whole five acres, which is what Mr. Wr ge d was sort of talking ~ about, I think it's five acres in the back -- and it was their determination that if they determined -- if they built the whole PUD, that's what predicated the turn lane And also for Orange Tree, dow~ the road· · It was determined by all those parties in it was a convenience store and the gas station writing that as long as only, and no other parcels on the five acres were developed, the turn lane we're talking about off Randall would not have to be developed. Any further intensification of the PUD on the five acres, other than the service station, would require the turn lane. Now, on the PUD that Robert Lockhart drew, there was two ! na~rances; one that was close to the intersection of Randall and o~g~ %~g ~he o~her intersection further down Randall· · .i n this consideration for not the decel lane And it Intersection that was closest to Randall and Immokalee would that the ~ be -- abandoned at this point in time and could not be used· And the convenience store would be limited to a single access much further away from the intersection of Randall and Immokalee. So that was the negotiations and that was the outcome of that. ~ To sort of enlighten everybody on the -- Mr. Wrage nor his bank nor anyone knew about the three foot disparity'. The three foot disparity in the site plan, that was approved by the County, shows the building at 21. The day spot survey showed it at 21. When we employed the petroleum people to put the gas islands in, they said, "What shall we use as a benchmark?- We said the floor as existing, use the floor as existing at 21. They went to set the gas islands, the guy called me up and says, 'what kind of fool are you, Jimmy? Who ever had a gas pump three feet taller than their finished floor?- So that's when we came up with the determination there was a problem. We called Carroll Nelson, a surveyor in town. Carroll went out and found that there was a three-foot disparity between the day spot survey, the elevation that the County has, the SDP that we used and what, in reality, is there. So there was -- I'm not trying to take sides for anybody, but as a general contractor, we went in using the County, records and the County records and the SDP were wrong. MS. LOUVIERE: I want to thank you for explaining to me the tran$!°°r~ation issue. That -- the only other problem I see there is if I buy a five-acre tract -- and now I'm kind of getting out of the realm of this one issue. Page 18 168 2 O April 21, 1997 You're almost making it sound like this man is never going to develop anything else there. But he seems quite willing to buy the five-acre tract and just build a gas station and a convenience store. MiR. ALLEN: That's not the case. For what he paid for the property, he has to develop the five acres. Economically __ he paid over a million dollars for this parcel. A convenience store, if you pay a million dollars, it doesn't work, as we all recognize -- MS. LOUVIERE: I don't see that, either. MR. ALLEN: So he has to develop the other parcel and -- MS. LOUVIERE: I don't see it either. MR. ALLEN: -- develop outparcels to make it work economically for him. MS. LOUVIERE: And somewhere along the line will be triggered again. But what you're saying the traffic issue is not at this point. He's managed to kind of say I'll reduce what I'm going to be doing at that five acres at this time. MR. ALLEN: Correct. He's lessened the intensity of the five-acre PUD at this time. However, economically he has to develop the PUD. So the transportation issue that we talked about and the deceleration lane will surface, I would say, within the next six months. MS. LOUVIERE: I know Mr. McCormick had a question. MR. McCORMICK: I wanted to ask the Florida Community Bank if there is any relationship now between your bank and Eureka Oil or Mr. Colosso? O~ MR. WP, AGE: Yes, there is, although I'm not that loan officer. other officer -- they seem to have taken me off the case. There is another loan officer. We are loaning the money on that site. 'MR. McCORMICK: The reason I ask is, to resolve this case we need to get to a CO and not just the transfer of o~ership' And Mr. Yovanovich, you can add to this or correct me if I'm wrong, but the violations that were determined, that those stay with the Florida Community Bank, whether they pass ownership on or not, so that the Community Bank needs to have an interest in this building getting built and getting a CO. MR. YOVANOVICH: The problem you run into is once they've sold the property, they can't legally obtain a building permit or get the CO. They are basically relying upon whoever they sold the property to to finish it up. If you want -- and as I understand, that party is in compliance right now and everything is going forward. If they took the property back again, which I hope won't happen, then maybe we can do something about that, period. But right now, they are not the legal title holder, so they really can't finalize completion. I'm assuming that throughout the sales process all this was discussed by whoever bought the parcel and they are moving forward in good faith. I'm told they are a couple of weeks away, maybe three weeks away from getting a CO, and everything is going to be resolved. The question is what can the bank do right now to make that ofina!ly happen, and the answer is probably nothing. Page 19 April 21, 1997 MIR. McCORMICK: So then in our hearing today we can cut the Community Bank out of this completely and resolve this, and then it's simply up to the new owners to follow through with their permit conditions and get the CO. biR. YOVANOVICH: Correct. MS. LOUVIERE: Let's -- I think we've got -- I feel we've gotten a little bit off the issue here and that is, if I -- and you're very good at that, by the way, the attorney for our Board, at keeping us focused. And if I hear -- read correctly the agenda, our job here today is BCC versus Florida Community Bank, also known as First Bank of Immokalee, filing of Affidavit of Noncompliance and Request for Imposition of Fine. So basically, staff is asking us to look at this case and see if -- they are going to file an Affidavit of Noncompliance and they are going to request that we impose fines; correct? MS. SULLIVAN: That is correct. So I think we're talking about the period from -- what is it? MS. LOUVIERE: When they did own the property. MS. SULLIVAN: When they did own the property until Deceraber 30th. I think that's what you need to decide, what fines, if any, will be imposed for that period of time. Because like -- like Rich said, the new owners have a permit so there is no violation at this time. ' MS. LOUViERE: Well, the new owners don't have a permit if I am ~correct. ~ MS SULLIVAN: Yes, they do. bIR. ALLEN: We've been working on this since the first week of January. MS. LOUVIERE: So in three weeks you'll have a CO. MS. SULLIVan: And if that's not the case, you know, at some time, then we have to open up a new case under the new owners, and do the notification and bring it fo~;ard. I don't think we can do anything with the new owners at this point. MR. McCORMICK: What is the recommendation then of staff? You had some numbers earlier. MS. SULLIV~4: Staff would recommend that because the CO wasn't obtained in time, that they would be fined the reduced $7 500 plus two days. MS. LOUVIERE: 7,500 plus two days of $250; right? you said? Is that what MS. SULLIVA/~: That's correct. MS. LOUVIERE: Which would be an additional $~90, for a total of $8,000; correct? MS. SULLIVAN: That would be staff's recommendation, yes. MS. LOUVIERE: Okay. AnY final statements? MS. KIDON: If I could just readdress the Board again. With regard to the 8,000, then that's what we are asking -- from the 8,000, we are asking the Board's leniency, because it was only two days a~ter the time for compliance. And also because they have done wha~ the Board has requested, and they have worked very hard and in Page 20 16G 2 April 21, 1997 Ogood faith. MIR. YOVANOVICH: And that is totally within this Board's discretion. You -- we -- I just wanted the Board to understand that the maximum fine is $8,000. If you decide to reduce it, that's within your -- within your discretion. MS. LOUVIERE: Any staff -- I'm sorry, not staff -- but Board members have any comments at all or thoughts on this matter? Charlie? MR. ANDREWS: I got a lot of figures going through. I understand that this lady representing -- you would be satisfied, if I understood you correctly -- I'm kind of jammed up here with this noise. You would be satisfied if we'd waive those two days, the $250 and this final fine would be 7,500 bucks? MS. KIDON: We would be happy with whatever the Board would choose to do in that respect, yes. MR. ANDREWS: The way it sounds to me, that $7,500 is cut in stone, so I don't think we can mess around with that. MS. LOUVIERE: What do you think, Linda, Ms. Sullivan? MS. SULLIVAN: I think that there is too many continuances and not enough imposition of fines these days, really. But I think the reason that I would recommend the $7,500 is because it's my understanding that the violations had been going on for some time before that, and that was a reduced fine that you were offering this party. MS. LOb"v'IERE: I tend to -- at the risk of being unpopular, I tend to agree with Collier County staff. I am of the impression that I have listeaed to this case for a long time, and though we can certainly understand the hardship that this bank has gone through, and ndw-that Mr. Francisco Colosso and Eureka Oil is going to have to go through to bring this matter into compliance, 'as a Board, I need to look into the larger issue, and that is, it is our job here to obtain compliance, and we do that in many instances by fining people. If we continue to reduce fines or if we continue to say gee, you're trying to bring this matter into compliance, so let's forget about the fines, then -- and th/s is a very important issue to me -- I feel that we dilute the power of the Board to get things done. I am reluctant to even reduce it to $7,500 just because it has taken so long to resolve this matter. I will, however, be willing to do it. I think $7,500, we should definitely adhere to that number. And unless I hear any different, I'm going to make a motion that we fine Florida Community Bank f/k/a, also known as First Bank of Immokalee, $7,500 without -- because they did not obtain the CO prior to December the 29th, 1996, as our original order dictates. Do I have a second? MIR. McCORMICK: Yes, I'll second that. MiR. ANDREWS: I'll second it. MS. LOUVIERE: I have a second, a motion and a second. All in favor signify by saying aye. (The panel members responded.) MS. LOUVIERE: The motion passes unanimously. Page 21 16G 2 April 21, 1997 Would the Board members like to take a five or ten minute break prior to us listening to Item 6-A? MR. ANDERSON: Good idea. MS. LOUVIERE: Is that all right with everyone? Okay. Please show that we will reconvene in about 10 minutes. (The hearing was in recess from 9:40 a.m. to 10:00 a.m.) MS. LOUVIERE: All the Board members are again seated and we are ready to reconvene. The last issue that we were going to discuss was Item 6-A -- I'm sorry, forgive me. We are going to look at our Rules and Regulations for this Board, and I believe that we should hear from our attorney on this matter. MR. YOVANOVICH: ~at I handed out this morning was a final, clean set of the Rules and Re~lations. I believe you had in your packet the last or the previous red line version. Since that red line version, I made one or ~wo minor changes. I believe it would be page 7, under article Roman numeral IX, Enforcement, Section 1. And it's under your red line version. It would be under --in the clean version, it would be page 6. So whichever version you're in. I added to the end of Section 1, if everTbody is up with me in one of ~hose two versions. In the final sentence, I made reference to the fact that if it's a repeat violation, you can fine them $500. So I clarified that, the first violation, the fine can't exceed $250. If it's a repeat violation, the fine cannot exceed $500 per day. Then I made one other change, which would be on the next page, in the Miscellaneous section, under Section 4, I clarified when a party can intervene. ' ;tnd I believe that addressed all the comments I received that I could address in this current version. I received a comment about posting being a mechanism of service which, until we amend the ordinance, we can't add posting. So I did not put that into the Rules and Regulations at this time. And I believe the County Attorney's office is working on the amendments to the ordinance to allow for posting as a method of service. So unless there is any further comments or questions about the rules, I believe they are in final order for this Board to review and approve them. And I recognize that I only have six signature lines and should have seven, and I will add a signature line. But I think the intent was for all of the Board members -- since we only have five Board members I guess that's all we can have sign -- and approve these rules. MS. LOUVIERE: Are you looking for approval from us today? MR. YOVANOVICH: It's at the Board's discretion. If you're ready to approve them, fine. If you want more time to look at them, that's fine, too. There hasn't been any real significant change since the last version that went out to everybody. It's The Board's discretion. You can adopt rules or not adopt rules. MS. LOUVIERE: I have one question. Once we adopt these rules, can we make modifications to them at a later date? Page 22 16G 2 April 21, 1997 MR. YOVANAVICH: Sure. MS. LOUVIERE: I know you look forward to those revisions, don't you? MR. YOVANAVICH: You know, I think that's the intent here is that if things become a better way of doing business, we should amend the rules. MR. ANDR~qS: Yes, I think it's possible. Good idea. MS. LOUVIERE: At the risk of being prudent, I'd like to take these home and give them one last reading, especially since Mrs. Deifik isn't here and she's been an integral part of our Board, and she's an attorney. So I would like to have just, you know, since this is the final final -- bfR. YOVANAVICH: Okay. MS. LOUVIERE: -- final final, and we can all go home and read them. That's just my suggestion. And then at the next Board meeting we will formally approve them. That's because we're missing a Board member -- M!R. ANDREWS: Are the two changes you gave us today -- MS. LOUVIERE: -- two Board members. MR. ANDREWS: -- identical? I mean that's the only changes? MR. YOVANAVICH: Those are the only changes since the last discussion we had last month and I received those comments from the Board members. MR. ANDREWS: Well, I don't mind waiting, but if that's all the changes, I would be willing to go ahead and move that we accept them. OBut I'd just as soon wait. too. So whatever majority wants. the MS. LOUVIERE: Okay. Anyone else? Do you want to approve them or do you want to wait? - 5~. PONTE: I have a question of Mr. Yovanovich. You've explained this I think to me once before, bu~ I've forgotten what it was. On the red line version, page 4, Section 3, there's an extension you've changed something from 14 days to 30 days. And in the interest of moving things along at a more rapid pace, I wondered why there was an extension of time from 14 days that an alleged violator has to 30 days. FIR. YOVANAVICH: What -- MR. PONTE: This is in Section 3 -- MR. YOVANOVICH: Right, Section 3, I understand. MR. PONTE: -- on page 4 of the red line version. MR. YOVANAVICH: This, what this does, it has no impact on when the matter will get to the Board. It just requires that staff notify the violator 30 days ahead of time of when they will be appearing before the Board. And that hopefully will give some time between that notice of violation and the time we get to this Board, to either resolve the matter or focus the issues, and we can have a quicker expedited hearing too. MR. PONTE: As a new member, was the 14 days a problem? MR. YOVANAVICH: Well, what happens is, staff would end up -- and maybe this is how it happened in practicality, that it's 30 days. Page 23 16G 2 April 21, 1997 But what you have is you have last minute motions filed by attorneys saying we haven't had enough time to prepare our case; you only give us 14 days notice: we have extenuating circumstances. Basically by having the notice go out 30 days ahead of time, you can't receive those kinds of arguments from a Respondent. MS. SULLIVAN: If I may clear up something else. I believe one of the reasons we did that was because there's a provision in there for a pre-hearing between the parties, and staff wouldn't have time to send out the notices and within two weeks set up a pre-hearing. MR. PONTE: Will this in any way diminish the continuations? There seem to be a lot of continuations. MS. SULLIVAN: You know, it's harder on staff to do it this way and it's harder on the pre-hearing thing. But I think what's happened in the past is we've gotten up here and neither side knew ,what the other side was going to present. And that's brought up surprises and caused some continuations. So to answer your question, it should really help get down to the bottom line before they get here. MR. PONTE: Uh-huh. Okay, good. Thank you. Thank you. MR. McCORMICK: They look good to me. I'm prepared ~o approve them this month or next month. If anybody wants to wait I think we should wait. MR. PONTE: I'm ready to approve it. MS. LOUVIERE: I'm being out-voted. God, I hate that. O MR. McCORMICK: Actually that wasn't what I was saying. I'm saying I'm not going to make any comments between now and next month But if you want to wait, then we'll wait. ' MS. LOUVIERE: No. I took the time to briefly look through them. I'ddn't see any problems with it. Since we are allowed to make any changes to it, that's fine. They look fine. You did a great job. MiR. YOVANOVICH: Thank you. MS. LOUVIERE: Did you stay up at night worrying about it? MR. YOVANAVICH: I can't say I stayed up at night worrying about it, but I tried to be thorough. MS. LOUVIERE: Okay. Then I make a motion that we accept our brand new Rules and Regulations for the Code Enforcement Board of Collier County, I think the North Board. Do these Rules and Regulations apply to both Boards? No? MS. SULLIVAN: Well, we are hoping they will, because it will be a lot cleaner and a lot nicer. But the other Board gave me the impression that they might want to go their own direction. We'll see. PIR. ANDREWS: Those are all amateurs over there. MS.'SULLIVAN: Can you imagine how people out there are going to figure out how to get ready with each Board? MS. LOUVIERE: Well, life is interesting, isn't it? MR. AN'DREWS: I second -- I'll second that motion. MS. LOUVIERE: We have a motion and a second. All in favor signify by saying aye. (The panel members responded.) MS. LOUVIERE: It passes unanimously. Page 24 16G Z April 21, 1997 Are there any other items? MR. ALLEN: One comment. I got a mailing this week that shows people from the North Board and the South Board, refers to me as a sur~;eyor-mapper. I've been called a lot of things. I have not been called that. Mrs. Sullivan, can you check on that mailing that went out? Maybe I've been reduced from contracting to Collier County, and I just didn't know it. That could happen, too. The mailing shows me as a suI-veyor-mapper as my occupation. MS. SULLIVAN: Your occupation? I thought you were a seawall expert. MiR. ALLEN: That's in the Bahamas. That's what my green card says. MS. LOUVIERE: You're officially a seawall expert -- MR. ALLEN: In the Baha~nas. MS. LOUVIERE: In the Bahamas. Okay. ~ny other comments? And how are you listed, what is your official capacity? MR. McCCRMICK: I didn't get the notice° MS. LOUVIERE: You didn't get the notice, okay. MiR. McCORMICK: Planner, you're a business person. MS. LOUVIERE: I'm a planner, who's an engineer. MR. McCOR/~ICK: Yes, you are an engineer. MS. LOUVIERE: I would like to be retired, actually. If there's any other comments or questions? No? MR. YOVANAVICH: No, but if I can get everybody's signature while you're here I will have the official set° and we don't have to worry about whether or not they were formally signed and adopted. MR. ANDREWS: Do we all -- 'MR. YOVANOVICH: Yes, I'll pass them along. MR. ALLEN: . As a member of the Board, I'd like to say thanks to our new Madam Chairman for pressing this meeting to a ~dicker conclusion. MS. LOUVIERE: You're very welcome. MR. ANDREWS: Very deserving. MS. LOUVIERE: Thank you. I guess we are ready then to adjourn. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:10 a.m. CODE ENFORCEMENT BOARD MIR-~Y4~'~UVIERE, Chairlq~rson TP~SCR1PT PREPARED ON BEhaLF OF GREGORY COURT REPORTING BY: Kaye Gray, RPR Page 25 16B City Council Chamber 735 Eighth Street Sout~ Nn~plcs, Flonda 34102 Beach Renour/shrnenffM'alnle. n,~e Commltlee Regular Meel~ng - M'ay I, 1997 - 9.'00 a.m. hL'~rman Lydon ca'led ~'e meeting to order and p~ ROLL CA I.! .esent: Al~enc AL~ I~x~cnt: Richard Lyclon. Chairman Frank Blanc. hard Jmes Brcrman Charles Humnger Bonnie MacKenzie Fred L. Sullivan Hubert Howard Chazles Metz ITEM I Jon Staigcr, Ph.D.. Natural Resources Manager Harry Huber, Collier County Capital Projects Manager/Technical Advisor Dr. Michael Stephen, Coastal Engineer/ng Consultants, Inc. Dan Spina, Save-the-Bays Ken Humiston Jack Wadsworth Michael Poff, Coastal Engineering Consultants, Inc. Kenneth Abemathy Virginia Neet, Deputy City Clerk Other interested citizens and visitors 16G 2 Beach Renourishment/Malnlenance Committee Regular Meeting- May I, 1997 ANNOUNCEMENTS (9:04 a.m.) .......................................... Member Blanchard commented on an issue coming before the Colder County Planning Commission regarding a proposed condominium development which would include a boat dock extending into the target area of the Caxambas Pass boat channel. He asked for the Committee's concurrence to object to this boat dock in the event the Planning Commission recommends approval of the project. Natural Resources Manager Jon Staiger noted a standing policy prohibiting structures within I00 feet of a channel maintained by the Army Corps of Engineers and also indicated that the Committee may have standing to object if the affected channel is part of the Caxambas Pass Inlet Management Plan. Dr. Michael Stephen of Coastal Engineering Consultants, Inc. explained that, in addition to this federal policy, the County applies additional criteria in their evaluation including the nature and character of the adjacent properties and whether the dock extension impede'~ navigation. The fact that the propnsed dock extends farther Ih,gl adjacent structures, he added, should raise a red flag to the Planning Commission and the Board of Commissioners. Dr. Stephen suggested, however, that the Committee reiterate its support of the criteria outlined in the inlet management plan. Member Blanchard lhen pointed out what he described as a lack of expert review during the County's administrative process and asked for the Committee to state its position that projects, such as boat docks in navigable waters, should be analyzed by both the Committee and those credentialed in the field. M'OTIO.._~N by Blaneluzrd THAT THE COMalIrTEE REQUE, r;T TABLING TillS A PPLICA TION A ND TtIA T TfFEA PPRO VA L PROCE~;S FOR TIIL~; A ND ALL FUTURE BOA T DOCKS IN INLETS BE DEVELOPED FOR PROFENSIONA L REVIEIV_; seconded by Sullivan and carried 6-0. (Blanchard-yes, Brennan-yes, tto~vard-absent, ttuttlnger-yes, MacKenzie-yes, Metz-absent, Sullivat~-yes, Lydon- yes) After the vote, it was determined that Dr. Staiger would draft a letter to Vince Cautero expressing the Committee's position that the proposed boat dock would be in direct conflict with the inlet m'magement plan. CONSIDERATION OF APPROVAL OF TIlE MINUTES OF TIlE 03 APRIL CoMMrlTEE MEETING (9:21 a.m.) MOTION by Sullivan to APPROVE THE APRIl. 21997 MEETING MINUTF~Yd seconded by Blanclun. d and carried 6-0. (Blarmhard-yes, Brennan-yes, llo~vard. absent, Huttinger-yes, MacKenzie-yes, Metz-absent, Sullivan-yes, Lydon-yes) PROJECT UPDATES: CI.~M PASS DREDGING/PARK SIIORE BEACH RESTORATION, WATER TURKEY BAY/SOUTH CttANNEL DREDGING, OFFSttORE SAND SEARCll, ROCK SCREENING EFFORT, IIIDEAWAY BFaS, Cll T-GROIN INSTALIa~TION, CAXAMBAS PASS DREDGING. (9:25 a.m.) Clam Pass Dredging/Park Shore Beach Restoration: Collier County Capital Projects Manager Harry Huber reposed on the April 25th completion of 16G 2 Beach Renourishment/3~aintenance Committee Regular Meeting - May 1, 1997 the Clam Pass Dredging/Park Shore Beach Project which, he added, placed approximately 8.900 cubic yards of sand on Park Shore Beach. Member Brennan noted that the restoration equipment had harmed seagrapes along Horizon Way and a subsequent storm had damaged the beach. He also displayed rocks which he had retrieved from the newly restored beach. In response, Mr. Huber clarified that the plant damage would be repaired and the BeachTech machine could be used to groom the beach even during sea tunic nesting season. Natural Resources Manager .Ion Staiger also relayed offers from the "Quest for Kids" organization and area Eagle Scouts looking for public service projects and suggested utilizing these organizations for rock removal. Water Turkey Bay/South Channel Dredging: Dr. Michael Stephen of Coastal Engineering Consultants, Inc. updated the Committee on the dredging permit application and the D.E.P.'s subsequent requests for information as it relates to possible inwater spoiling. Dr. Stephen further reported that Coastal Engineering Consultants had prepared a full response to Attorney Kim Patrick Kobza's March 12, 1997 submittal, a copy of which is contained in the file for this meeting in the City Clerk's Office, and commented about the positive suggestions received during a recent visit to the spoil area regarding the residents' concerns. Chairman Lydon, however, relayed that Attorney Kobza was not totally satisfied w/th Coastal Engineer/ng's response. Dr. Stephen then referred to Attorney Michael Volpe's April 15, 1997 memorandum, written on behalf of The Vanderbilt Club, and the Committee was provided with Vanderbilt Beach Post Storm Surveys (R-24, R-27, R-30). (A copy of this material is contained in the file for this meeting in the City Clerk's Office.) Michael Poff, of Coastal Engineering Consultants, Inc., then re¢iewed results of the Collier County Beach Restoration Project Surveys (December 1996) noting increased accumulation of sediment on downdrift beaches. Additionally, he reported that monitoring of the Third Avenue South pile-cluster groin had indicated a 40% reduction in losses. In response to the Committee, Dr. Stephen explained how pile-cluster groins change the character of the profile offshore, underwater. Since this profile is shallower, it reduces the ability of wave action to move onshore and also decreases the wave energy in that immediate vicinity. As such, data collected from this test groin may determine the structure's 'area of influence' and thus the proper spacing. The possibility of budgeting funds in order to formally study impacts of this type of permeable groins were also discussed. Committee discussion then returned to: Park Shore Beach restoration and Dr. Stephen noted how recent erosion damage, caused by strong wave action from the south, should be reversed as that sand is still in the system. He also predicted a gradual return of the 'sugar sand' on the inland section of the beach. Offshore Sand Search: Mr. Huber informed the Committee that another competitively priced upland sand source had been located in the community of Felda, pending D.E.P. approval. Chairman Lydon referred to pr/or Committee/City Council direction to stockpile 50,000 cubic y~ds for future beach renourishment and stressed that this should be accomplished prior to hurricane season. It was noted that original plans to use Cadenhead Beach Sand Company ceased when this company lost 2 Beach Renourishment/Maintenance Committee Regular Meeting - May i, 1997 its lease to the sand source area. The Commit'lee discussed the possibility of proceeding directly with the property owner of this sand source and]or securing an alternate source. Mr. Huber then commented on a current proposal from Coastal Engineering, Inc. to conduct thc studies for the additional sand search. The anticipated response from D.E.P., however, is that lhe Big Marco area could not be used. Member Blanchard requested that copies of the draft proposal be supplied to the Committee as soon as possible. Dr. Stephen also commented on his efforts to get a response from D.E.P. Committee discussion returned to the alternate Felda sand source and Mr. Huber indicated that a contract with this supplier could possibly be completed within a f,'w weeks. In response, Member Blanchard urged that Ibis contract with the alternate supplier be expedited. Hideaway Beach T-Groin Installation: Mr. Huber reported that an Intent to Issue a Permit had been received and the project had been advertised. Anticipated receipt of the permit and Notice to Proceed is May 12, 1997. A pre- construction conference had also been scheduled for May 6th, he added, with an anticipated 30- day completion date. Caxambas Pass Dredging: Dr. Stephen noted that the permit had been extended untie May 15th Io allow the contractor, weather permitting, to excavate the entire length of the channel from east to west. In response to Member Huttinger, Mr. Poff indicated that if the goal of 47,000 cubic yards is met, it would extend to Marker 145. l/re,ak 10:10 a.m. to 10:20 a.m. It is noted o't'~'the record that the same ~ee Member,s were present when the meeting reconvened. ............................................................. ITEM 7 DISCUSSION OF CAPRI/BIG MARCO PASS ~NLET MANAGEMENT PLAN. (10:21 a.m.) Ken Humiston, of Humiston & Moore Engineers, updated the Committee on the Big Marco/Capri Pass Inlet Management Plan which was initially scheduled for completion by December 1996. Mr. Humiston explained that several change orders had been acted upon since the initial scope of work was defined and said that portions of the implementation phase, such as the T-groin project, were therefore permitted since the plan was already underway. Mr. Humiston reviewed the change orders and reported that the Inlet Management Plan document would be more comprehensive than that originally contemplated in the scope of work. In response to the Committee, Mr. Humiston provided an overview of the forthcoming plan including its six elements: literature search, sediment budget analysis, environmental analysis, alternatives analysis, economical and environmental analysis of alternatives, and a detailed description of the recommendations, alternatives, and implementation actions. He also confirmed lhat this plan would be provided to Committee Members prior to the June 5th meeting. Chairman Lydon questioned whether the Committee had approved the change orders referenced by Mr. Humiston and requested that all non-emergency change orders come before the Committee for prior 16G 2 Beach Renourishment/Maintenance Committee Regular Meeting - May I, 1997 approval. In response, Mr. Huber stated that copies of these change orders would be provided to the Committee along with the plan. In response to Dr. Stephen, Mr. Humiston further indicated that dredging of the main Capri Channel had not been considered. DISCUSSION OF CttANGES TO TIIE TDC GUIDELINES. (10:34 a.m.) Collier County Capital Projects Manager/Technical Advisor Harry Huber provided rationale for the proposed changes to the Beach Renourishmen! and Pass Maintenance Guidelines which, he said, would be presented to the Tourist Development Council in July. He also requested the Committee's prior review in order that it may be discussed in detail during the June 5th meeting. In response to Member Brennan. Mr. Huber explained that upon the Tourist Development Council's approval, the amended guidelines would be presented to the Collier County Commissioners, in ordinance form, for formal adoption. Chairman Lydon also commented on the potential for amendments in the allocations of Category A and Category B funds. DISCUSSION OF BEACTt CLEANING OPERATION AND RESPONSIBILITIES. (10:48 a.m.) Collier County Capital Projects Manager/Technical Advisor Harry Huber reported on his intent to request Board of Commissioners' approval for an additional BeachTech 3000. Based upon this approval, and the availability of an additional BeachTech machine, he would establish a detailed schedule of the beach cleaning operation. Chairman Lydon suggested prior submission of this purchase request to the Tourist Development Council since it would involve Category A funds. Mr. Huber then indicated that the TDC request could be prepared in conjunction with next year's anticipated expenditures and available for Committee review at the next meeting. After further discussion, the Committee reaffirmed its position that an additional BeachTech 3000 should be purchased with Chairman Lydon commenting that the beach cleaning schedule should be published. ............................................................. FFF. M 6 DISCUSSION OF CENTRAL ARCIIIVE FOR BEACII PROJECT INFOR3IATION. (10:52 a.m.) Dr. Michael Stephen, of Coastal Engineering Censultants, Inc., stated :hat his firm [:robably held the largest collection of information/documents regarding beach projects and also noted the substantial documentation compiled by the Collier County Natural Resources Department and other local engineering companies. The best location for an archive, he said, could be one of the area libraries or natural resources offices. He suggested a meeting between Natural Resources Manager Jon Staiger, Collier County Capital Projects Manager/Technical Advisor Harry Huber. representatives from the Collier County Natural Resources Department, and him in order to: I) determine the magnitude of available information/documentation; and 2) evaluate necessary space, funding, and staffing. Chairman Lydon suggested consulting with a local librarian regarding cataloging methods and pointed out that area residents/organizations may al?~ wish to donate applicable documentation. Dr. Staiger concurred with the need to document this 16G~ Beach Renourishmenl/Malnlenance Committee R~gular Meeting - May I, 1997 information and expressed concern that many important documents may be lost as a result of future downsizlng. Potential use of scanners, computer disks, micro-fiche, and CD ROM were also discussed; however, Dr. Stephen suggested prior research into the costs of reducing documents in this manner. He also pointed out that each of the Inlet Management Plans conta/n a list of all literature, surveys, reports, maps, etc., used to create the plan and said that this information may be a logical starl in developing a core index of documentation. Member Blanchard suggested that Bob Marshand, advisor to the Collier County Public Libraries, be contacted for assistance in developing a strategy. It was the consensu~ of the Committee that Member Blanchard would approach Mr. Marshand for a~sistance~ lin update regardlng tl~, i~sue to be presented during the July Committee 3¥eeting. I~CmDA rOU N~'r ~-rr~c 'mu~r, nv os JuN~: ~997. r~ 1:11 ~.;,i~ ...... rrm, addition to the items previously discussed, the following items will be included on the June 5, 1997 Meeting Agenda: Big Marco/Capri Inlet Management Plan Review of changes to the Tourist Development Council Guidelines ADJOURN 11:14 a.m. ' ................................................... ITEM9 MOTION by Sullivan to ADJOURN. seconded by MacKenzie and carried 6-0. (Blanc/un.d-yes, Brennan-yes, Howard-absent, Huttinger. yes, MacKenzie-yes, Metz-absent, Sullivan-yes, Lydon-yes) RICHARD LYDON, CHAIRMAN Prepared by: JON C. STAIGER, PH.D. Natural Resources Manager Virginia A. Neet Deputy City Clerk Minutes approved: 168 2 NATURAL RESOURCES MANAGEMENT 735 EIGHTH STREET SOUTH NAPLES, FLORIDA 34102 941-434-4655 FAX 941-434-3059 SUNCOM 974-4655 RECEIVED JUN 2 1997 OTICE OF PU LIC EET NG ~0arr; ,-,. ~,,jr;~, '~,-,,-~,;:,~ The Beach Renourishment/Maintenance Committee announce~ a public meeting to which all interested persons are invited. DATE: TIME: PLACE: Thursday 05 June 1997 :~_~_~ A. M. City Council Chambers, 1. Roll Call. City Hall, 735 8th Street South 2. Consideration of approval of the minutes of the 01 May committee meeting. 3. Project updates: Water Turkey Bay/South Channel dredging, offshore sand search, Hideaway Beach T-groin installation, Caxambas Pass dredging, wood pile groin reconstruction. 4. Report on dune repair/revegetation needs. 5. Discussion of central archive for beach project information. 6. Report on up]and sand stockpiling contract. 7. Discussion of application for TDC funds to rebuild the outer half of the Naples Pier. 8. Date and agenda for next meeting, proposed for Thursday 26 June 1997. 9. Adjourn. FORMAL ACTION HAY BE TAKEN ON ANy ITEM DZSCUSSED OR ADDED TO THIS AGENDA. ANY PERSON WHO DECIDES TO APPEAL ANY DECI$:CN HADE BY THIS COMMITTEE WITH RESPECT TO ANy MATTER CONSJDrRED AT THIS MEETING WILL NrED A RECORD OF THE ?R~E~DINGS AND ~y NEED TO ~NSUR~ THAT A V~RBAT[M RECORD ~S ~DE, WHICH RECORD INCLUDES THE TEST:HONy AND EVIDENCE UPON h'H~CH TH: APPEAL :S TO ~[ HEARD. ANY PERSON W:TH A D~SABIL:Ty REQUIRING AUXILiARy A~D5 AND SERVICE5 FOR THIS M~ETING ~AY CALL THE CITY CLERK'S OFFICE A~34-~01 WITH REQUEST5 AT LSAST TWO ~US[NES5 DAYS BEFORE T~E MEE~NG DAT~. ~lsc. ~0rres: __ ~ · I~rr; --__ Item# ~' Beach Committee Agenda 05 June 1997 Page 2 166 For additional information, please contact Jon Staiger at 434- 4655. JC$\wPd& t & \be&ch¢°m\bch~ 605,97