Agenda 02/08/2005 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
February 8, 2005
9:00 AM
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, District 2
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE
SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS
PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME
IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112,
(239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 11:30 TO 12:30 P.M.
Page 1 of 8
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Father Jim Cogan, St. Ann's Catholic Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte
Disclosure provided by Commission members for summary agenda.)
B. January 11, 2005 - BCCIRegular Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
1. Advisory Committee Service Award.
2. Presentation of the Advisory Committee Outstanding Member Award to Mark P. Strain.
4. PROCLAMATIONS
A. Proclamation to honor the Conservancy for Preserving the Nature of Our Community. To
be accepted by Kathy Prosser, President and CEO of the Conservancy of Southwest
Florida.
B. Proclamation to designate the week of February 21st through February 26th, 2005 as
Marjory Stoneman Douglas Week. To be accepted by Ron Jamro, Director of the Collier
County Museum and Marilyn Matthes, Collier County Library Director.
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public Petition request by James Elson and Herb Luntz to discuss plans for the Greater
Naples-Collier County Independence Day.
Item 7 and 8 to be heard no sooner than 12:30 D.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Public Hearing to consider the adoption of an Ordinance establishing City Gate
Community Development District (CDD) pursuant to Section 190.005, Florida Statutes (FS).
9. BOARD OF COUNTY COMMISSIONERS
A. Request Board to set the balloting date for the recommendation of members to the Pelican
Bay MSTBU Advisory Committee by record title owners of property within Pelican Bay.
B. Appointment of members to the County Government Productivity Committee.
C. Appointment of member to the Golden Gate Estates Land Trust Committee.
D. Appointment of members to the Health Planning Council of Southwest Florida, Inc.
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E. Appointment of member to the Library Advisory Board.
F. Appointment of member to the Immokalee Enterprise Zone Development Agency.
G. This Item continued from the January 25, 2005 BCC Meeting. Discussion regarding the
Pelican Bay Annexation report. (Commissioner Henning request)
H. Recommendation to extend the terms for two members to the Land Acquisition Advisory
Committee.
I. To reactivate the Public Safety Coordinating Council. (Commissioner Coyle request)
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve the new contracts that have been negotiated with Immokalee
Disposal Company, Inc. and Waste Management, Inc. of Florida for solid waste collection
services. (Jim DeLony, Administrator, Public Utilities)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation for the Board of County Commissioners, Pursuant to Section
112.313(12), Fla. Stat., to Consider the Request of Collier County Land Acquisition
Advisory Committee Member Ellen Goetz for an Exemption From Any Potential Conflict of
Interest.
B. Recommendation for the Board of County Commissioners, Pursuant to Section
112.313(12), Fla. Stat., to Consider the Request of Collier County Land Acquisition
Advisory Committee Member Michael Delate for an Exemption From Any Potential Conflict
of Interest.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action
will be taken by one motion without separate discussion of each item. If discussion is desired
by a member of the Board, that item(s) will be removed from the Consent Agenda and
considered separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve final acceptance of water utility facilities for Ventanas I at
Tiburon (Parcel 7000 Midrise).
2. Recommendation to approve final acceptance of water utility facilities for Capital Self
Storage, Phase.
Page 3 of 8
3. Recommendation to approve final acceptance of water utility facilities for Montelena at
The Vineyards.
4. Recommendation to approve Satisfactions of Lien for Resolution Nos: 2002-070 styled
Board of County Commissioners vs. Chinnese M. Winters; 2003-012 styled Board of
County Commissioners vs. Brent C. and Cynthia A. Walker; 2004-271 styled Board of
County Commissioners vs. Bonnie Fenton; 1998-256 styled Board of County
Commissioners vs. Julio Dominguez Estate and John R. Dominguez, Personal
Representative; 1998-430 styled Board of County Commissioners vs. Julio Dominguez
Estate and John R. Dominguez, Personal Representative; 1999-023 styled Board of
County Commissioners vs. Julio Dominguez Estate and John R. Dominguez, Personal
Representative; 1999-092 styled Board of County Commissioners vs. Julio Dominguez
Estate and John R. Dominguez, Personal Representative; 2003-387 styled Board of
County Commissioners vs. John R. Dominguez, Et AI; 2003-392 styled Board of County
Commissioners vs. John R. Dominguez, Et AI; 2004-265 styled Board of County
Commissioners vs. John R. Dominguez, Et AI; 2001-462 styled Board of County
Commissioners vs. Julio Dominguez; 2002-109 styled Board of County Commissioners
vs. Julio Dominguez; 2002-166 styled Board of County Commissioners vs. Julio
Dominguez; 2002-178 styled Board of County Commissioners vs. Julio Dominguez;
2002-346 styled Board of County Commissioners vs. Julio Dominguez; 2002-390 styled
Board of County Commissioners vs. Julio Dominguez and 2003-123 styled Board of
County Commissioners vs. Julio Dominguez.
5. Recommendation to approve the Satisfactions of Lien for Code Enforcement Board
Case Nos: 2003021; Board of County Commissioners vs. Kenneth D. and Leslie K.
Carter; 2004-034; Board of County Commissioners vs. Premise Richard and Rigaud
Calixte and 2003-048; Board of County Commissioners vs. Monika B. Van Stone.
6. Recommendation to approve the Satisfactions of Lien for Special Master Case Nos: SO
134902; styled Board of County Commissioners vs. Cornelius Jackson and CO
2004100411; styled Board of County Commissioners vs. Larry Saunders.
7. Recommendation to terminate Contract # 03-3504 with Henderson, Young and
Company relative to the Emergency Medical Services Impact Fee Update Study, waive
the formal competition process and solicit proposals to select a new consultant to
update the Emergency Medical Services Impact Fee (estimated amount not-to-exceed
$40,000).
B. TRANSPORTATION SERVICES
1. Recommendation to approve a budget amendment to modify the Transportation
Services Adopted budget and move all costs that are shared in the new Transportation
Services Building in the amount of $68,129.70 for FY 05 into one cost center.
2. Recommendation to award bid #05-3750 "Rattlesnake Hammock Road (CR 864) (US 41
Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" to Ground Zero
Landscaping Services, Inc. in the amount of $30,781.90.
3. Recommendation to approve an agreement for the conveyance of right-of-way required
for the construction of improvements to Rattlesnake Hammock Road between Polly
Avenue and Collier Boulevard, in exchange for removing the existing entrance and
constructing a new entrance and driveway for the District School Board of Collier
County, Florida's Bus Facility at 6543 Rattlesnake Hammock Road (Project No. 60169).
Estimated Fiscal Impact: $180,762.00.
Page 4 of 8
C. PUBLIC UTILITIES
1. Recommendation to approve Satisfactions of Lien documents filed against real
property for abatement of nuisance and direct the Clerk of Courts to record same In the
public records of Collier County, Florida. Fiscal impact is $30.00 to record the
Satisfactions of Lien.
2. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid
Waste residential account wherein the County has received payment and said Lien is
satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special
Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien.
3. Recommendation to accept Florida Department of Law Enforcement Grant in the
amount of $100,552 for security improvements throughout the Collier County Water
District.
4. Recommendation to award bid no. 05-3777 - "Purchase & Delivery of Sulfuric Acid" to
Sulfuric Acid Trading Company, Inc. In the approximate annual amount of $400,000.00.
5. Approve budget amendments to transfer carry forward funds in the amount of $53,500
from the Solid Waste Department and $85,500 from the Pollution Control Department to
fund the final construction portion of the Office Renovation Project for the Public
Utilities offices on the third floor of Building H.
6. Recommend that the Board of County Commissioners, as Ex-officio the Governing
Board of the Collier County Water-Sewer District, authorize payment of $72,000.00 to
Univar USA Inc. for chemical purchased (50% Sodium Hydroxide) and used, on blanket
Purchase Order until chemical negotiations were finalized and low bidder established.
7. Recommendation to execute the Notices of Claim of Lien for the enforcement of the
notice to pay sewer impact fee for certain properties located in the former Rookery Bay
Sewer Service Area. The fiscal impact is $130.00 to record the Notices of Claim of Lien.
8. Recommendation to award Contract 05-3736R, to Quality Enterprises, USA, Inc. in the
amount of $257,691, to restore the wetlands at the South County Water Reclamation
Facility, Project 73949.
D. PUBLIC SERVICES
1. Recommendation to designate Collier County Domestic Animal Services in charge of
managing disposition of impounded animals pursuant to Florida Statute, Chapter 588
and Section 14, Article II, Code of Laws and Ordinances of Collier County, Florida,
between Collier County and the Collier County Sheriff's Office.
2. Recommendation to approve an entertainment contract for the 7th Annual Country
Jam.
3. Approve deductive Change Order No.4 in the amount of $452,250.80 for direct
purchase of materials for the North Naples Regional Park, Contract No. 01-3189.
E. ADMINISTRATIVE SERVICES
1. Recommendation to approve a Resolution authorizing the Chairman of the Board of
County Commissioners, Collier County, Florida, to execute Agreements, Deeds, and
other documents required for the sale of GAC Land Trust property during the 2005
Calendar Year.
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F. COUNTY MANAGER
1. Approve a Budget Amendment to Recognize and Appropriate $12,000 of Unanticipated
Revenue from the Isles of Capri Fire District Inspection Fees.
2. Authorization to Remove from the Books and Records of Collier County Certain
Accounts and Their Respective Balances which have been Previously Recognized and
Recorded as Bad Debt Expenses from October 1,1995 to September 30,2003 in the
amount of $13,958,543.57.
3. Recommendation to approve the payment of permit fees to the Florida Department of
Environmental Protection for Marco South Beach Renourishment, Project 90502, in the
amount of $8,690.
4. Approval of Budget Amendments.
G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
1. Recommendation to approve and execute the Impact fee assistance grant agreement
between the Community Redevelopment Agency and the grant applicant within the
Bayshore/Gateway Triangle Redevelopment Area.
2. Recommendation to approve an extension of the Residential Site Improvement grant
agreement between the Community Redevelopment Agency and Ms. Mitzie Sheehan, a
grant within the Bayshore/Gateway Triangle Community Redevelopment Area due to
certain construction delays.
3. Recommendation that the Community Redevelopment Agency (CRA) approve a
$131,000 budget amendment from Fund 187 Bayshore/Gateway Triangle
Redevelopment Area General Reserves to Fund 187 Residential Rehab to cover costs
associated with the Redevelopment Area's residential rehabilitation grant program.
4. Recommendation that the Board of County Commissioners waive the purchasing
policy and authorize the hiring of a temporary employment firm for the Collier County
Redevelopment Agency Bayshore/Gateway Triangle Redevelopment Area, and approve
any and all budget amendments.
5. Recommendation that the Community Redevelopment Agency (CRA) ratify the
Bayshore/Gateway Triangle Redevelopment Area Advisory Board's decision to use
Coastal Staffing Service, Inc. to provide temporary staffing for the Bayshore/Gateway
Triangle Redevelopment Area office until the CRA ratifies the hiring of the
Redevelopment Area's new executive director; and to transfer all necessary funds from
Fund 187 reserves to a temporary staffing expense line item to ensure staffing during
the period of time without an executive director.
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Fiala requests Board approval for reimbursement for attending a
function serving a valid pUblic purpose. She attended the East Naples Civic
Association Annual Banquet Celebration on January 17, 2005 at The Naples Lakes
Country Club; $35.00 to be paid from Commissioner Fiala's travel budget.
2. Commissioner Halas requests Board approval for reimbursement for attending a
function serving a valid public purpose. Commissioner to attend the 2005 LIFE
(Leadership In Fostering Education) award ceremony at The Registry Resort on
February 25, 2005; $100.00 to be paid from Commissioner Halas' travel budget.
Page 6 of 8
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous Items to File for Record with Action as Directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. Recommendation that the Board of County Commissioners make a determination of
whether the purchases of goods and services documented In the Detailed Report of
Open Purchase Orders from January 8, 2005 to January 21, 2005 serve a valid public
purpose and authorize the expenditure of County funds to satisfy said purchases. A
copy of the Detailed Report is on display in the County Manager's Office, W. Harmon
Turner Building, 3301 East Tamiami Trail, Naples, Florida.
2. The Finance and Accounting Department seeks approval of Budget Amendments
required for the Rebate of Arbitrage on the 1997 Special Obligation Revenue Bonds
and Commercial Paper Loans A-13-1 and A-14-1.
K. COUNTY ATTORNEY
1. Recommendation to authorize the making of an Offer of Judgment to Respondents,
Ziad Shahla and Heidi Fleer for Parcel No. 146 in the amount of $18,150.00 in the
lawsuit styled Collier County v. Ziad Shahla, et aI., Case No. 04-600-CA (Vanderbilt
Beach Road Project 63051).
2. Recommendation to authorize the making of an Offer of Judgment to Respondent,
Alexander S. Oppliger for Parcel No. 148 in the amount of $16,180.00 in the lawsuit
styled Collier County v. Zlad Shah la, et aI., Case No. 04-600-CA (Vanderbilt Beach Road
Project 63051).
3. Recommendation to authorize the making of an Offer of Judgment to Respondent,
Patricia A. Carter for Parcel No. 149 in the amount of $18,150.00 in the lawsuit styled
Collier County v. Ziad Shahla, et al., Case No. 04-600-CA (Vanderbilt Beach Road
Project 63051).
4. Recommendation that the Board authorize an Increase of Purchase Order No.
4500038066, Gerson, Preston, Robinson & Co., P.A., expert witnesses and consultants
for the County in the lawsuits entitled Collier County v. Wal-Mart Stores, Inc., et aI.,
Case No. 04-3632-CA, and Collier County v. First National Bank, et al., Case No. 04-
3587-CA (Immokalee Rd. Project 66042), for an amount not to exceed $40,000.00.
5. Recommendation to authorize the making of an Offer of Judgment pursuant to Section
73.032, Fla. Stat., to Respondent, Helen Valent ("Respondent"), in the amount of
$79,465.00, as full compensation, excepting attorney's fees and costs, for the
acquisition arising out of the condemnation of Parcel No. 157 in Collier County v. Helen
Valent, et al., Case No. 04-524-CA.
6. Recommendation that the Board of County Commissioners approve the Stipulated
Final Judgment for payment of full compensation for the taking of Parcels 143A and
143B in the lawsuit styled Collier County v. The Courtyards at Quail Woods
Condominium Assoc., Inc., et aI., Case No. 04-3833-CA (Immokalee Rd. Project 66042).
7. Recommendation to approve a Stipulated Final Judgment as to Parcel 200 relative to
the simple fee acquisition in the lawsuit styled Collier County v. Jeffrey A. Richardson,
et aI., Case No. 02-2188-CA (Immokalee Road Project #60018).
8. Recommendation that the Board of County Commissioners Authorize the County
Attorney's Office to Make a Business Damage Offer to Settle a Claim for Business
Damages by B. F. Ft. Myers, Inc. d/b/ a Wendy's Old Fashioned Hamburgers
Restaurants Associated with the Acquisition of Parcel 134 in the Lawsuit Styled Collier
County v. First National Bank of Naples., et al., Case No. 04-3587-CA (Immokalee Road
Project #66042).
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9. Recommendation that the Board of County Commissioners approve the Stipulated
Final Judgment for payment of full compensation for the taking of Parcel 169 in the
lawsuit styled Collier County v. Ismael Gonzales., et aI., Case No. 02-2159-CA
(Immokalee Rd. Project 60018).
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST
MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2)
UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING
COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND
VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE
COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE
BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE
SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE,
ALL PARTICIPANTS MUST BE SWORN IN.
A. SE-04-AR-6830, an Ordinance amending Ordinance 04-69, the Terafina Planned Unit
Development (PUD) to correct a scrivener's error resulting from the inclusion of an
incorrect zoning map number in the title of the transmittal copy of the adopted Ordinance
sent to the State Department of Community Affairs for the property located approximately
one mile north of Immokalee Road (CR 846) in Section 16, Township 48 South, Range 26
East, Collier County, Florida.
B. This item requires that all participants be sworn in and ex-parte disclosure be provided by
Commission members. RZ-2004-AR-6209 Collier County Board of County Commissioners,
represented by Dwight Nadeau of RWA, Inc. and Dalas Disney, of Disney and Associates,
requesting a rezone from the E Estates zoning district to the P Public zoning district to
expand upon the current use of repair and storage of vehicles belonging to the Collier
County Board of County Commissioners, and relocate similar facilities for the Collier
County Sheriff's Office and Emergency Medical Services on-site. The property, consisting
of 9.96 acres, is located at 2901 County Barn Road, Section 8, Township 50 South, Range
26 East, Collier County, Florida.
C. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by
Commission members. Recommendation to approve Petition AVPLAT2004-AR6835 to
disclaim, renounce and vacate the County's and the Public's interest in a portion of the 35
foot wide drainage easement located along the rear of Lots 1 through 19 and Tract B2,
according to the plat of "Santorini Villas at Olde Cypress" as recorded in Plat Book 34,
Pages 47 through 48, Public Records of Collier County, Florida, located in Section 21,
Township 48 South, Range 26 East.
D. This item has been continued indefinitely. SNR-2003-AR-4982, Bill L. Neal, representing
Bayshore Beautification Municipal Special Taxing Unit, requesting a street name change
from Bayshore Drive to Botanical Garden Parkway, located In Sections 11, 14, 23 & 26,
Township 50 South, Range 25 East.
E. Adoption of an Ordinance of the Board of County Commissioners of Collier County,
Florida amending Section 74-201 (g) of the Collier County Consolidated Impact Fee
Ordinance, 2001-13, as amended, which is Chapter 74 of the Collier County Code of Laws
and Ordinances, to provide for a change in the timing of the submittal of applications for
participation in the "Immokalee Residential Impact Fee Deferral Program" in order to allow
for more effective and efficient management of this program.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY MANAGER'S OFFICE AT 774-8383.
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AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
February 8, 2005
Add Item 4C: Proclamation designating February 22, 2005 as America's 9/11
Memorial Quilts Organization Appreciation Day. To be accepted by Jeanne
Ammermann.
Item 16 D 3: Change Order No.4 amount should read $452,280.80 as shown in the
executive summary, not $452,250.80 as shown on the printed index. (Staff's
request.)
Item 16G1 continued to the February 22.2005 BCC meetina: Recommendation to
approve and execute the impact fee assistance grant agreement between the
Community Redevelopment Agency and the grant applicant within the
Bayshore/Gateway Triangle Redevelopment Area. (Staff request.)
Item 16 K 7: The planning fee agreed upon in this matter is $222.50 not $87.50 as
stated. The Stipulated Final Judgment has been amended to reflect this. (Staff's
request.)
The following Consent Agenda Items are to be approved by the Board of County
Commissioners acting as the Community Redevelopment Agency:
Item 16 G 3: Recommendation that the Community Redevelopment Agency
(CRA) approve a $131,000 budget amendment from Fund 187 Bayshore/Gateway
Triangle Redevelopment Area General Reserves to Fund 187 Residential Rehab to
cover costs associated with the Redevelopment Area's residential rehabilitation
grant program.
Item 16 G 5: Recommendation that the Community Redevelopment Agency
(CRA) ratify the Bayshore/Gateway Triangle Redevelopment Area Advisory
Board's decision to use Coastal Staffing Service, Inc., to provide temporary
staffing for the Bayshore/Gateway Triangle Redevelopment Area office until the
CRA ratifies the hiring of the Redevelopment Area's new executive director; and
to transfer all necessary funds from Fund 187 reserves to a temporary staffing
expense line item to ensure staffing during the period of time without an executive
director.
Advisory Board Members Awards PartlcipatlOl1Agenda Item No. 3A 1
Board of County Comml..loners Meeting 2/8105 February 8, 2005
Page 1 of 2
Last Name First Name Advisory Board
# of Years
Durkin Kevin M. Tourist Develo ment Council
5
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COLLIER COUNTY
Agenda Item No. 3A1
February 8, 2005
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
Item Number
3A1
Item Summary
Meeting Date
Advisory Committee Service Award.
2/8/20059:00:00 AM
Prepared By
Date
Sue Filson
Executive Manager to the BCC
1/27/2005 1 :27:07 PM
Board of County
Commissioners
Bec Office
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
2/1/20052:07 PM
.--.
Agenda Item No. 3A2
February 8, 2005
Page 1 of 5
EXECUTIVE SUMMARY
PRE8ENTATIONOF THE ADVISORY COMMmEE OUTSTANDING MEMBERA;WARD
TO ¥ARXP.S1'RAIN
OBJECTIVE: To recognize and reward an advisory committee member for their outstanding
and dedicated service to Collier County.
CONSIDERATIONS: On September 21,2004, the Board of County Commissioners adopted
Resolution No. 2004-280 to recognize and reward outstanding Advisory Committee members for
their significant contributions to the organization and/or community. The respective committees
nominate the outstanding Advisory Committee members and the Awards Committee (same
committee that currently selects the Employee of the Month) evaluates and selects volunteers
ftom the nomination forms.
AWARD COMMITTEE RECOMMENDATION: Mark P. Strain, Collier County Planning
Commission.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
- RECOMMENDATION: That the Board of County Commissioners present the Outstanding
Advisory Committee Volunteer Award to Mark P. Strain for his work on the Collier County
P.lanning Commission.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: FEBRUARY 8, 2005
-
CO.LLIER COUNTY
Agenda Item No. 3A2
February 8, 2005
Page 2 of 5
BOARD OF COUNTY COMMISSIONERS
Item Number
3A2
Item Summary
Presentation of the Advisory Committee Outstanding Member Award to Mark P.
Strain.
Meeting Date
2/8/2005 9:00:00 AM
Prepared By
Date
Sue Filson
Executive Manager to the BCC
1/12/20052:27:37 PM
Board of County
Commissioners
BCC Office
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/27/20053:35 PM
Agenda Item No. 3A2
February 8, 2005
Page 3 of 5
ADVISORY COMMITTEE
OUTSTANDING MEMBER
NOMINATION FORM
The objective of this program is to recognize significant contributions to the organization and/or
community by members of the many advisory boards and committees fonned to assist the Board of
County Commissioners in carrying out their elected duties. All committee members who have
completed at least one year volunteer service on an advisory committee are eligible for nomination.
A committee may nominate one of their members if they satisfy one or more of the criteria listed
below. The specific reasons for the nomination should be documented on this fonn under the
specific criteria. Attach additional pages if necessary.
Nominee's Name: Mark P. Strain Advisory Committee: Collier County
Planning Commission
Date of Appointment: September 11, 2001 Nominator's Name: Joseph K. Schmitt,
Administrator, CDES
Liaison: Ray Bellows, Department of Liaison Phone: 403-2385
Zoning and Land Development Review,
CDES
1 ) Does the member strictly fol1ow the Ordinance creating the cornmittee?Yes
2 ) Does the member have an excellent attendance record? (At least 90% attendance or no more
than one absence in the last 12 months.) Yes
3 ) Give specific examples of exemplary volunteer service. For the past 24 years Mark has
volunteered his services to Collier County.
Collier County Planning Commission, Vice Chair
Friends of Rookery Bay, Board of Directors
Workforce Housing Advisory Committee, Chairman
Golden Gate Master Plan Committee, Chairman
Col1ier County Sheriff's Commission
Member Army Corp of Engineers EIS Study Group
for Southwest Flortda
Golden Gate Fire Commissioner
Immokalee FriendshiQ House, Director
President of Golden Gate Chamber of Commerce
Collier County Code Enforcement Board Member
President of Golden Gate Estates Civic Association
Golden Gate Citizens Advisory Board Member
President of Golden Gate BusIness Association
Col1ier CountY.: Board of Adiustments and Appeals
Golden Gate Volunteer Firefighter & EMT
(2004) 2001 to Present
2004 fo Present
2001 to 2003
2001 to 2003
1990 to Present
1999 to 2000
1990 to 1995
Early 1990's
199r
1989 to 1993
1987&1988
1987 to 1994
1987
1983 to 1986
1980's
4) Describe a uniquely innovative solution to a problem. The Collier County Planning
Commission has the following powers and duties:
. To serve as the local planning agency (LPA), and land development regulation
commission as required by §§ 163.3174 and 163.3194, F.S.;
I: Forms! County Fonns! BCC Forms! Advisory Committee Outstanding McmbcrNomination Form
wws 9.22.04
e-
Agenda Item No. 3A2
February 8, 2005
Page 4 of 5
· To prepare, or cause to be prepared, the ColIier County GMP, or element or portion
thereof, and to submit to the BCC an annual report recommending amendments to
such plan, element, or portion thereof;
· To prepare, or cause to be prepared, the LDC to implement the Collier County GMP,
and to submit to the BCC an annual report recommending amendments to the LDC;
· To initiate, hear, consider, and make recommendations to the BCC on applications
for amendment to the text of the Collier County GMP and the LDC;
· To initiate, review, hear, and make recommendations to the BCC on applications for
amendment to the future land use map of the Collier County GMP or the official
zoning atlas of the LDC;
· To hear, consider, and make recommendations to the BCC on applications for
conditional use pennits;
· To make its special knowledge and expertise available upon reasonable written
request and authorization of the BCC to any official, department, board, commission,
or agency of the County, state, or federal governments;
· To recommend to the BCCBCC additional or amended rules of procedure not
inconsistent with this section to govern the Planning Commission's proceedings;
· To perfonn those functions, powers and duties of the Planning Commission as set
forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference
made a part hereof, as said chapter has been or may be amended; and
· To consider and take final action regarding preliminary subdivision plats processed
pursuant to the provisions of section 4.03.00.
Through Marks' efforts, the overall effectiveness of the Collier County Planning
Commission has increased significantly and the impact that he has had on the
Commission has improved considerably the Commission's effectiveness in fonnulation
recommendations regarding all land use petitions and all proposed amendments to the
ColIier County Land Development Code and Growth Management Plan to the Board of
County Commissioners. Mr. Strain's efforts to have had a positive impact on this
community and has significantly contributed to our efforts to promote trust and
confidence in local government. His professionalism, patience, confidence, and integrity
have ensured that government continues to look out for the overall the citizens of the
county and not simply the petitioner's needs and desires. His overall perfonnance and
effectiveness on the Planning Commissioner has in one word been "outstanding." He
actions validate that he is truly deserving to receive the Advisory Committee
Outstanding Member for his overall contributions to the citizens of Collier County.
5) Detail an implementation of a recommendation that resulted in cost savings or increased
productivity. In every aspect of his responsibilities, Mark thoroughly researches and reviews
the land use petitions that come before the Planning Commission and in doing so superbly
vets the issues thereby saving untold time and effort to the Board of County Commissioners
when during the bimonthly BCC meetings.
Nominator's Signature
Date
I: Fonns! County Fonns! BCC Forms! Advisory Committee Outstanding Member Nomination Fonn
WWS 9.22.04
Agenda Item No. 3A2
February 8, 2005
Page 5 of 5
Advisory Committee Chainnan's Signature Date
Staff Liaison's Signature Date
On October 21, 2004, the above referenced Advisory Committee voted 8 to 0 to nominate the above
referenced member as Outstanding Advisory Committee Member.
Staff Liaisons are to submit the completed form to the Human Resources Department no later than
the first of the month preceding the award month.
I: Fonnsl County FonnsI Bce Fonnsl Advisory Committee Outstanding Member Nomination Form
wws 9.22.04
'PROCLAMATZON
Agenda Item No. 4A
February 8, 2005
Page 1 of 2
-
WHEREAS, The Conrervøncy of Southwest Florida was foundfld 40 yeors tl!JØ when
o group of cønce,.".d citizens 1'Gllled oround the· couse of soving
Røølœry Boy, one of the world's most pristine møngrø.. forests: ond,
WHEREAS, The eon.ervancy pre_fWd møllgl"Ova in ond around Pelicon Boy ond
prewmted the GN:O from looking like the heovily tMwløped Miomi Beoch
cOdstline; ond,
WHEREAS, in the histrJtoy of its 5eG Turtle Monitoring ond Protection Prøgr{JIJI, the
Cønørwncy hos fJf'Ø'tected nearly 212,000"0 trrtIe hotchlings; GIld,
WHEREAS, The eon.ervancy settled 0 1ð-year legol dispute over plo". for
Hamilton Horbør Morino to be built In NøpIu Boy, ensuring mongrøve
prøtcct/øns on the edge of the boy ond olong portions of the tiørdon
River; ond,
WHEREAS, ot Its Wildlife Rehabllitotiøt/ Clinic, The CøMervoncy now treots more
thon 2,400 notlw onimals each yeor with half those 6UCce..fully
returned to th.ir naturol habitot; ond,
WHEREAS, i" its 40 year history, The CØll$Crvancy hos presflfWd more tho"
300,000 acres of land, brought .nvit"ØtImc"tal flducotion into the public
xhoo/s ond fought more thon one million visitørs ond residents about
the Importønce of protecting naturol resources; ond
-
WHEREAS, The eon.ervoncy of Southwest Florida is joined by more thon 600
volunteers ond neorly 6,000 metnbers In celebrating its 4d"
onnlversary.
NOW THEREFORE, be it proclaimed by the Boord of County Cømmiøiøners
of Collier County, Floric/o that The eon.ervancy of Southwest Florida
be honorwd for
PRESERVZNS THE NATURE OF OUR COMMUNZTY
ond In recognizing this significant milutøtre, In urge all citizens to join
in ce/.bI'Gting this tJN iversary, and to salute Th. CøMervancy for its
unwcrwrlng commitment to protecting Southwest Florlc/o's natural
environment.
OONE AN/) OROEREO THZS f1" OAY of FEBRUARY 200fJ.
BOARO OF COUNTY COMAAZSSZONER$
COUIER COUNTY, FLORZOA
FREO W. COYLE, CHAIRMAN
ATTEST:
.-
OWZSHT E. BROCK, CLERK
,~~--------
Item Number
Item Summary
Meeting Date
Agenda Item No. 4A
February 8, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4A
Proclamation to honor the Conservancy for Preserving the Nature of Our Community. To be
accepted by Kathy Prosser, President and CEO of the Conservancy of Southwest Florida.
2/8/20059:00:00 AM
Pr«;pared By
Date
Kathleen Martinson
Board of County
Commissioners
Administrative Aide to BCC
1/2712005 1 :27:07 PM
Approved By
BCC Office
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
Date
BCC Office
1127120054:00 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1127/20054;41 PM
-
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
-
PROCLAMATION
Agenda Item No. 48
February 8, 2005
Page 1 of 2
it was Marjory Stoneman Douglas who first made people aware that the
Everglades Is a part of a much larger ecosystem. a thousands-year-old balGI'ICe
of land and water, sun and rain. people and wildlife; and.
MarJory Stoneman Douglas led the fight to preserve the natural balance and
diversity of this mysterious region, declaring ttlat "there are no other
Everglades In ttle world" and ttlat "they are unique in ttle simplicity. the
diversity, and ttle related harmony of the forms that they enclose"; and.
MarJory Stoneman Douglas stated, "You have to stand up for some things in
this world" and campaigned for nearly 20 years to help establish Everglades
National Park In 1947 and ttle Friends of the Everglades in the 196Os; and,
ttV'ough the 1970s, 80s, and into the 1990s, she fought as Florida's greatest
defender of the environment, speaking powerfully throughout the state, and at
a public hearing In the gyrMCIslum of the Everglades City School. about the
fragility of the ecosystem of the Everglades, which she called the "River of
Srass"; and,
Marjory Stoneman Douglas was honored In 1993 with the Medal of Freedom.
the highest presidential honor given to citizens In the United States; and,
The Museum of the Everglades and Collier County Public Library have Joined
together to honor the legacy of MarJory Stoneman Douglas by hosting the First
Annual MarJory Stoneman Douglas Festival. February 21st through February
26th, 20œI in Everglades City.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County,
Florida, that the week of February 211t through February 26th, 2005 be
designated as
Marjory StoMman Douglas Week
in Collier County, and that sincere gratitude and appreciation be extended to
those who continue the work of MarJory Stoneman Douglas in keeping clean,
fresh water flowing freely through the "River of Grass."
DONE AND ORDERED THIS 8TH day of February 2005.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FL
FRED COYLE, CHAIRMAN
Dwu;HT E. BROCK, CLERK
-
Item Number
Item Summary
Meeting Date
Agenda Item No. 48
February 8, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
48
Proclamation to designate the week of February 21 st through February 26th, 2005 as Marjory
Stoneman Douglas Week. To be accepted by Ron Jamro, Director of the Collier County
Museum and Marilyn Matthes, Collier County Library Director.
2/8/2005 9:00:00 AM
Prepared By
Date
Kathleen Martinson
Board of County
Commissioners
Administrative Aide to BCC
1/27/20059:41:17 AM
BCC Office
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
Date
BCC Office
1/27/200510:47 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1/27/20053:45 PM
Agenda Item No. 6A
February 8, 2005
Page 1 of 3
-
.~
~
COlliER COUNIY MANAGER'S OFFICE
3301 East Tamiami Trail . Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010
January 21, 2005
James Elson, President
Veterans Council of Collier County
680 8th Avenue South
Naples, FL 34102
Mr; Herb Luntz
1750 Reuvens Circle #3
Naples, FL 34112
Re: Public Petition Request to Discuss Plans For The Greater Naples-Collier County
Independence Day
Dear Mr. Elson and Mr. Luntz:
--
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of February 8, 2005, regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be
advised that the Board will take no action on your petition at this meeting. However, your petition
may be placed on a future agenda for consideration at the Board's discretion. Therefore, your
petition to the Board should be to advise them of your concern and the need for action by the
Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon
Turner Building (Building "F") of the government complex. Please arrange to be present at this
meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
~reIY~
~~
County Manager
JVM/jb
cc: David Weigel, County Attorney
--
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Sent By: JAMES ELSON REALTOR;
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239 261 0009¡
Jan-21-0513:50;
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Agenda~~ ~6~ 6A
February 8, 2005
Page 2 of 3
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Reauest to Speak under Public Petition
Please print
Name:
Address:
Phone:
~6Cl-~~ -Qoø~
Date of the Board Mectinl! you wish to speak:
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Request to Speak under Public Petition
Agenda Item No. 6A
February 8, 2005
Page 3 of 3
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Please print
Name:;f/t¥J.¿ ...(VNn.
Address: / 7~ ,f'eVVl!A(j' O~~
4~~ ø. J~I/.J-
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Phone: ¿" ?..? )'t/
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Date of the Board Meetin g vou wish to speak:
Please explain in detail the reason vou are reauesting to speak (attach additional page if
necessary): '
tll1 ¿e.l~)/ "¡?"'t!&~~~ cø..e~-Øi
"~:fir~r-&;?2~Y
Please explain in detail the action vou are askin~ the Commission to take (attach
additional page if necessarv):
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C:\Documents and Settings\veit...JìMy Documents\Forms\Public Petition Request Form.doc
Agenda Item No. 8A
February 8, 2005
Page 1.of62
EXECUTIVE SUMMARY
Recommendation to consider adoption of an ordinance establishing the City Gate
Community Development District (CDD) pursuant to Section 190.005, Florida Statutes.
OBJECTIVE:
The objective of this public hearing is for the Board to review and consider a petition for the
establishment of the City Gate COD by adoption of an ordinance.
CONSIDERATIONS:
On November 30, 2004, Citygate Development, LLC and CG II, LLC jointly filed a petition with
Joseph K. Schmitt, Administrator, Community Development and Environmental Services
Division, for the establishment of the City Gate Community Development District. A mandatory
$15,000 application fee was submitted with the petition.
.-
The proposed District is located entirely within Collier County, Florida. The proposed district
covers 289.1± acres of land. The site is located in a portion of Section 35, Township 49 South,
Range 26 East. A map showing the location of the land area to be serviced by the District, as
well as a metes and bounds description of the proposed COD, appears as Exhibit "1" to the
petition. The landowner's consent to the establishment of the proposed COD appears as Exhibit
"2" of the petition.
The COD is comprised of a previously approved Planned Unit Development (PUO) and
Development of Regional Impact (DRI) known as "City Gate." The proposed COD includes the
entire development, which is approved for 90,000 square feet of commercial space, 836,000
square feet of office space, 1,920,000 square feet of industrial space and 250 hotel rooms. As of
January 9, 2005, County staff is in the process of reviewing a plat and construction plans for
Phase II of the City Gate Development. A plat for Phase I was previously approved.
By adopting the ordinance and granting the petition, the Board of County Commissioners would
authorize the District, through its Board of Supervisors, to manage and finance certain basic
infrastructure for the benefit of the landowners and residents of the City Gate Development.
This infrastructure, under section 190.012(1), Florida Statutes, includes basic urban systems,
facilities and services, including water supply, sewers and wastewater management, surface
water control and management (drainage), and roads, bridges and street lights. If adopted, this
ordinance would not constitute consent by the County to the further petition for the exercise of
certain additional special powers authorized by Section 190.012(2), Florida Statutes. These
powers may include the operation of parks and facilities for indoor and outdoor recreational,
cultural, and educational uses, as well as security, including, but not limited to, guard-houses,
fences and gates, electronic intrusion-detection systems, and patrol cars, with certain exceptions.
In order to gain these additional powers, the newly created District Board would need to further
petition the Board of County Commissioners at a later date.
.-
1
Agenda Item No. 8A
February 8,2005
Page 2 of 62
The District Board of Supervisors is initial1y elected for the first six years of the duration of this
district in a property-based election (one-acre, one-vote), which has been specifically ruled
constitutional (State of Florida v. Frontier Acres Community Development Dist.. 472 So. 2d 455
(Fla. 1985)). By operation of law, in time, the Supervisors are elected on a one-person, one-vote
basis.
In order to provide the basic systems, facilities and services, the District has certain management
and financing powers. It may only exercise those powers, however, if they comply with certain
strict and detailed procedural requirements including ethics in government, disclosure, conflict of
interest requirements, noticed meetings, govemment-in-the-sunshine conduct, accounting and
reporting requirements to various local and state agencies, consultants' competitive negotiation
procedures, competitive bidding procedures and others.
,....-..
The adoption of the CDD ordinance does not constitute a form of development approval.
Adoption of the CDD and compliance with these many procedural requirements does not,
in any way, allow the District to manage and finance any of these services and facilities
without a showing that aU legitimate policies, constraints, authorities, controls, permits or
conditions on the development of the land, whether local, regional, state or federal in
nature, and whether in the form of policies, laws, rules, regulations or ordinances, have
been complied with concerning development of the property. In essence, adoption of the
CDD ordinance does not exempt the petitioner from compliance with any applicable local,
regional, state or federal permitting or regulatory processes. In this sense, the Community
Development District is merely a mechanism to assure the County and the landowners of
the district that the provision of infrastructure and services for the PUD is managed and
financed in an efficient and economical way. Finally, in order to prevent potential abuses
of districts by landowners or by other local governments, the Legislature has provided that
the charter of the District, in the general statute itself, may be amended only by the
Legislature.
In order to provide these systems, facilities and services, the District also is given certain
eminent domain powers within tight constraints as well as the authority to require service
charges, fees or taxes for the various services rendered, ranging from installation of capital
facilities to long-term maintenance and repair. Without the County's consent, by resolution, the
aforementioned eminent domain power is limited to the boundaries of the District.
The District may also issue revenue and other user bonds as well as general obligation bonds.
However, no general obligation bonds can be issued without a referendum and without a
showing that the bond will not exceed 35 percent of the assessed valuation of the property within
the District. Even with these safeguards and constraints, during the first six years of the
District's existence, the board of supervisors shall not issue general obligation bonds unless the
board first holds elections on a one-person, one-vote basis for a new board of supervisors.
Accordingly, if Collier County adopts the ordinance, then it establishes the City Gate
Community Development District as a management tool to benefit both Collier County's existing
and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible
service provision without burdening the existing taxpayers and financial structure of Collier
County. In addition, the District is also a financing tool off the balance sheet of the County and
,....-...>
2
Agenda Item No. 8A
February 8, 2005
Page 3 of 62
the developer. It will provide long-range and sustained quality service to initial and subsequent
landowners without burdening Collier County and its taxpayers.
Finally, such a District may not outlive its practical utility and usefulness. If it ceases to
function, it will automatically be disbanded by state law. If at any time during its existence
Collier County detennines by a non-emergency ordinance that it can provide anyone of the
district services in a more economical manner, over the long tenn, at lower cost but with higher
quality, Collier County may then take that service away :ITom the District and provide the service
itself.
Section 190.005, Florida Statutes provides that the exclusive and unifonn method for
establishment of a CDD ofless than 1,000 acres shall be by county ordinance. Section 190.005,
Florida Statutes outlines the specific content required in the petition and further outlines six (6)
factors for the Board of County Commissioners to consider in detennining whether to grant or
deny a petition for the establishment of a CDD as follows:
1. Whether all statements contained within the petition have been found to be true
and correct.
2. Whether the creation of the District is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan. ,
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the District.
5. Whether the community development services and facilities of the District will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that wil1 be served by the District is amenable to separate
special-district government.
County legal, planning, transportation and public works staffs have reviewed the petition and
exhibits submitted by the petitioners (attached) relative to these six (6) factors and have found
the proposed City Gate CDD petition to be compliant with each of the six (6) review factors.
Staff analysis relative to the six factors can be found in Attachment 2.
FISCAL IMP ACT:
As previously noted, a $15,000 filing fee was submitted with the petition. Exhibit "3D" of the
petition, "City Gate Community Development District Proposed Timetable And Estimated Costs
of Construction" delineates the fiscal impacts and timing of impacts to be managed by the
District. It is noteworthy that the estimated internal infrastructure and services to be fmanced by
the CDD is $14,136,000, consisting of roadway and utilities construction, water management,
landscaping, lighting, signage, the hiring of consultants, environmental mitigation and
contingency costs. Utilities wil1 eventually be turned over to Collier County.
,,~...
3
Agenda Item No. 8A
February 8, 2005
Page 4 of 62
DISTRICT RESPONSIBILITIES:
According to the petition, the City Gate Community Development District, if the ordinance is
adopted, will assume responsibility for the following:
(I) General development of the approved uses within the District;
(2) Roadways;
(3) Street Lights, landscaping and signage;
(4) Stormwater Management;
(5) Water & Sewer Utilities;
(6) Environmental Mitigation; and
(7) Other matters related to the above tasks.
GROWTH MANAGEMENT IMPACT:
The 289.1± acres of the City Gate CDD are designated Urban, Industrial District, on the Collier
County Future Land Use Map. Although the establishment of this district does not constitute any
development approval, the plan of development previously approved for the subject property has
been determined to be consistent with the Collier County Growth Management Plan (GMP).
Accordingly, any future petitions for rezone or development permits wiJI be subsequently
reviewed at the time of submittal, and wiJI be subject to the requirements and limitations
specified in the Collier County Land Development Code (LDC), and will be required to be
consistent with the GMP in effect at that time.
LEGAL CONSIDERATIONS:
"If adopted by the Board of County Commissioners, the subject Ordinance would establish a
Community Development District (CDD) and a District Board of Supervisors. The pwpose of
estabJishing a CDD, as per Chapter 190, Florida Statutes, is "to establish an independent special
district as an alternative method to manage and finance basic services for community
development." The primary purpose of a CDD is to provide a long-term financing mechanism
for the subject development through:
1. Assessments
2. Ad Valorem Taxation
3. Issuance of Bonds
Creation of a CDD provides assurance that the capital infTastructure improvements necessary in
the District are funded by bond investors and subsequent purchasers of the parcels in the District.
The proposed CDD will be receiving sanitary sewer, potable water, and soJid waste removal
services fTom the Collier County Utilities Division and wiJI have to enter into one or more
interlocal agreements with CoJlier County, for such pwposes.
RECOMMENDATION:
That the Board of County Commissioners adopt and enact the proposed ordinance estabJishing
the City Gate Community Development District.
..,-...
Prepared by: Glenn Heath. Principal Planner.
Comprehensive Planning Department
4
-
Item Number
Item Summary
Meeting Dat.
Agenda 11em No. 8A
F",bruary 8. :?005
Page 5 of 62
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8A
Public Hearing to cons.ider the adoption ot an Ordinance establishing C~ty Gate Community
Development District (CDD) pursuant to Sectíon 190.005, Florida Statutes (FS).
218/2005 8:00.00 AM
Prepared By
1/16120059:05:54 AM
Glenn H4Ulth
Community Development &
E.nvlronmental SEtrvice6
Date
Principal Planner
Comprehonslve Plannirlg
Approved By
Date
Sandra Lea
Community Development &
Envlronme.ntal Servl<::e1iì
Enc:utive Secr~tary
Community Development 8.
Environmental Service, Admin.
1126120051;30 PM
Approved By
Datf:
Patrick G. White
County Attomey
Ä5i$ístant County Attorney
County Attorney Office
1126120052:10 PM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Servlc1I!s
Op.(!ratioll9 Analyst
Community Development &
EnvlronmQntal SÐ",I~es Admin,
112012005 2:47 PM
Date
Approved By
Joseph K. St'hmltt
Community Development &
Environment.! Servícea
Community Oflvelopment &.
Environmp.l1tøl Service¡,; AdmìnMr,¡tor
Community De",elopment &
Envíronmental Services Admin.
1127/20059:07 PM
Date
Approved By
5t.1n Utslnger
CDmmunlty ~vftlopment &
Environmentllll 8~rv¡ce5
COtnprehen&tv~ Planning Dir~ctor
Compr~hens.tve Planning
11281200510;22 AM
Approved By
Dat~
OMS Coordinator
County Manager's Office
AdminIstrative Atu~ stant
Office 01 Management & Budge,
11281200512:37 PM
Date
Approved By
Mark Isackson
CDunty Manuger's Orr/ce
Budget Analyst
Off¡ce of Munagement & Blldget
1128120052;44 PM
DBte
Approved By
MIchael StTlykoW$kl
County Ma"lIg8r'5 Office
Mana{J&ment 8. Budget Dlr~c.tor
Office of Man.ïlgemcmt 8. But/get
1131/20051;54 PM
Cute
Approved By
Jame1l V. Mudd
Board or County
Comn1Is&loncr..
County Manüyer
County MSrluger's omes
1/31120055;13 PM
Agenda Item No. 8A
February 8, 2005
Page 6 of 62
ORDINANCE NO. OS-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
ESTABLISHING CITY GATE COMMUNITY DEVELOPMENT
DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF
THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE
DISTRICT'S BOARD OF SUPERVISORS; NAMING THE
DISTRICT; PROVIDING STATUTORY PROVISIONS
GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO
SPECIAL POWERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Citygate Development LLC, has petitioned the Board of County
Commissioners (Board) of Collier County, Florida, a political subdivision of the State of Florida,
to establish the CITY GATE COMMUNITY DEVELOPMENT DISTRIcr (District); and
WHEREAS, the Board of County Commissioners, after proper published notice has
conducted a public hearing on the petition and detennined the following with respect to the
factors to be considered in Section 190.oo5(1)(e), as required by Section 190.005(2)(c), Florida
Statutes:
1. The petition is complete in that it meets the requirements of Sections 190.005
(l)(e) 2., and 190.005(2)(a), Florida Statutes; and all statements contained within
the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County, known as
the Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government; and
WHEREAS, it is the policy of this State, as provided for in Section 190.002 (2) (c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
unifonn general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and pennitting of the development to be serviced by the district, to
Agenda Item No. 8A
February 8, 2005
Page 7 of 62
ensure that neither the establishment nor operation of such district is a development order under
chapter 380 and that the district so estabJished does not have any zoning or pennitting powers
governing development; and
WHEREAS, Section 190.004 (3), Florida Statutes, provid~s that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, buiJding
code, or land deveJopment code, as those tenns are defined in the Local Govemment
Comprehensive Planning and Land DeveJopment Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicabJe local general-pwpose government; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seek consent from Collier County for the grant of authority to exercise special powers without
question as to the continued right authority and power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AUTHORITY FOR ORDmANCE
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: ESTABLISHMENT OF THE CITY GATE COMMUNITY
DEVELOPMENT DISTRICT.
The City Gate Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
SECTION THREE: DESIGNATION OF mITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1.
Roger B. Rice
1 S9 IGrldand Drive
Naples, FL 34110
3.
Elena Lindner
3240 22m! Avenue NE
NapJes, FL 34J20
2.
Roger G. Rice
601 Trophy Drive, Unit S03
Naples, FL 34110
4.
Paul P. Pacchiana
2139 Morning Sun Lane
Naples, FL 34119
S. Toni A. Home
18 Caribbean Road
Naples, FL 34109
2
Agenda Item No. 8A
February 8, 2005
Page 8 of 62
SECTION FOUR: DlSTRlCf NAME
The community development district herein established shall henceforth be known as the
"City Gate Community Development District. "
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The City Gate Community Development District shall be governed by the provisions of
Chapter 190, Florida Statutes, and all other applicable general and local law.
SECTION SIX:
CONSENT TO SPECIAL POWERS:
Upon the effective date of this Ordinance, the City Gate Community Development
District will be duly and legally authorized to exist and exercise all of its general and special
powers as limited by law; and has the right to seek consent from the Collier County Board of
County Commissioners for the grant of authority to exercise special powers in accordance with
Section 190.012(2), Florida Statutes, without question as to the district's continued right,
authority and power to exercise its limited powers as established by this Ordinance. The District
Board's authority to exercise special powers may include the power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational
uses; and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the District may not exercise any police power, but may contract with the appropriate
Local general-purpose government agencies for an increased level of such services within the
District boundaries; all as authorized and described by Section 190.012(2), Florida Statutes.
SECTION SEVEN: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of 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 EIGHT: INCLUSION IN 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 Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section",
"article," or any other appropriate word.
3
SECTION NINE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED ON DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this 8th day of February. 2005.
A TIEST: DWIGHT E. BROCK
Deputy Clerk
Approved as to :li'om
And legal sufficiency:
Patrick G. White,
Assistant County Attorney
..".;.
M1cIghlf:\comppIaDICDD/ORD.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, CHAIRMAN
4
Agenda Item No. 8A
February 8, 2005
Page 9 of 62
Agenda Item No. 8A
February 8, 2005
Page 10 of62
BEFORE THE BOARD OF CO{JNTY COMMlSS[O~'ERS
OF
COLLIER COUNTY, FLORIDA
RE: PROPOSED ORDINANCE PURSUANT
TO SECTION 190.005(2), FLORIDA
STATUTES TO ESTABLISH THE
CITY GATE COMMUNITY DEVELOPMENT
DISTRICT
/
PETITION FOR ESTABLISHMENT BY COUNTY ORDINANCE
OF THE CITY GATE COMMUNITY DEVELOP1\4ENT DISTRICT
Petitioners Citygate Development. LLC, and CG II. LLC, ("Petitioners") by
and through their undersigned counsel, hereby petition Collier County, Florída (the
"County") th.rough its Board of County Conunissioners (the "Commission")J pursuant
to The Uniform Community Development District Act of 1980, Chapter 190, Florida
Statutes (the" Act"), to estabIish a community development district (the "District") on
the lands described herein by the adoption of a County ordinance creating a community
development district to be known as City Gate Conununity Development District. In
support of this Petition, Petitioners state:
1. Each Petitioner is a Florida limited liability company. and their principal
place of business is at 159 South Main Street, Suit.e 500, Akron. Ohio 44308. Joseph
R. Weber is the Vice President of each Petitioner. The authorized agent for Petitioners
is Donald A. Pickworth, Esq., 5150 Tamiami TraiJ North. Suite 502. Naples. Florida
34103.
2. The proposed District is located wholly within the County, and
encompasses 289.1 acres of land (the "District Land"). A location map, sketch and
metes and bounds legal description of the boundaries of the District is attached as
Exhibit "1."
3. The Petitioners, collectively, own 100% the lands proposed [0 be within
the DistrÌCt. As required by Section 190.005(1){a}(2) of the Act, written consent ofthe
owners of all the lands prop.osed t.o be within th.e District is attached as Exhibit "2."
CÎI)' Gate CDD Petition 11-29.04
- 1 .
Agenda Item No. 8A
February 8, 2005
Page 11 of 62
There is no real property within the boundaries of the District which is to be excluded
from the jurisdiction of the District.
4. The five (5) persons designated to serve as the initial members of tbe
BQard of Supervisors of the District, who are residents of the State of Florida and
citizens of the United States, and who shall serve in that office until replaced by elected
members, as provided in Section 190.006 oftbe Act are as foHows:
Roger B. Rice
159 Kirtland Drive
Naples, Florida 34110
Roger G. Rice
601 Trophy Drive. Unit 503
Naples. Florida 34110
EleIUi Lindner
3240 221>:1 A venue NE
Naples, Florida 34120
Paul P. Paccbiana
2139 Morning Sun La.ne
Naples, Florida 34119
Toni A. Home
18 Caribbean Road
Naples, Florida 34109
5. The proposed name of the District is City Gate Community Development
District.
6. Maps of the District, showing proposed storm water interceptors and
ontfalls, proposed major trunk water mains and s,ewer force 1'rutins are attached as
Exhibits "3A" through "'3C."
7 . The proposed timetable and the estimated costs of construction and
City G¡¡le CDD Petition I ·29-04
- 2 -
Agenda Item No, 8A
February 8, 2005
Page 12 of 62
provision of District systems, facilities, and services. based on avaHable data and which
is subject to change is set forth in Exhibit 3D attached hereto.
8. Petitioner requests that the District 'be granted the right to exercise aU the
powers provided for in Sections 190.011 and 190.012 (1) and (3) of the Act.
9. The proposed distribution and location of land uses within the District is
shown on the Master Plan for City Gate PUD (the "Master Plan") attached hereto as
Exhibit .. 4 .. .
10. A statement of estimated regulatory costs, prepared in accordance with
the requirements of Sections 120.541(2), Florida Statutes and 190.005(1) of the Act is
attached as Exhibit .. 5. "
11. The District Land is amenable to operation as a community development
district and the Petition should be granted for the fonowing reasons:
A. The District Lands are part of a planned community. The District Lands
are of sufficíent size and are sufficiently contiguous and compact to be developed as
one functional and interrelated community.. and the District is planned to be developed
as such. The area to be se.rved by the District is amenable to separate special district
government.
B. If established, the District would constitute a timely, efficient, effective,
responsive measure to ensure the provision and on-going maintenance of facilities and
infrastructure for the proposed development.
c. Establishment of the Distríct and all land uses and services planned
within the District are not inconsis.tent with the applicable elements or portions of the
effective Collier County Growth Management Plan or the State Comprehensive Plan.
D. The District wilt be the best alternative available for delivering
community development facilities and services to the area to be served because th.e
District provides a governmental entity for delivering those services and facilities in a
manner that does not financially impact persons residing ourside dle District and
provides a responsible perpetual entity capable of making reasonable provisions for the
City Gatc CDD Petition ¡ ! -29·{)4
- 3 -
Agenda Item No. 8A
February 8, 2005
Page 13 of 62
-
operation and maintenance of District: services and facilities in the future. The
establishment afthe Distrìct will prevent the general body of taxpayers in the City from
bearing the burden for installation of the infrastructure and the maintenance of the
ahove-described facilities within the development encompassed by the District
E. The community deve.1opment facilities and services. of the District will
not be incompatible with the capacity and u~es of existing local and regional services
and facilities.
WHEREFORE, Petitioner respectfully requests the Commission to:
A. Determine that the Petition is complete; and
B. Hold a public hearîng pursuant to the procedures set forth in Section
190.005(1){d) of the Act to consider the establishment of the District; and
"-
C. Enact an ordinance pursuant to the Act, granting this Petition, and
esta.blishing "City Gate Community Development District".
Respectfully submitted this~ t of *~ilk1 2004.
!k¿~
Donald A. PÎckworth
Donald A. Pickworth, P .A.
5150 famiami Trait North
Suite 502
Naples, Florida 34103
Phone: (239) 263-8060
Fa.x: (239) 598-1161
e-mail: rick}~~@earthlink.net
.-
City G¡¡te CDD PeÜtìol1 ¡ 1-29·04
-4-
EXHIBIT 1
CITY GATE CDD P¡':TIT']ON
LOCATION \'IAI:)
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SAFE HARBOR
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Iden Cote Estat 5 U 't No. 28
P 8 7. Page 19 20
'ill,Of!
N.8,1J08 't:. Mil. 11
City Gate Community Development District
289. 1 Acre$:i:
Part- of the North 1/2 of
Sect. 35, T. 49 S., R.26 E.
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City Gate Commerce
Center - Phase Two
$.89'00'0'"11( 4000.96'
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P.O. 31, Pages 26 - 28
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Agenda Item No. 8A
February 8. 2005
Page 15 of 62
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A. TRIGO & ASSOCIATES, INC.
Professional Surveyors &. Mappers
2223 Trade Center W~·
Naples, Florida 34109
Agenda Item NQ. 8A
February 8, 2005
Page 16 of 62
Antonio Trigo, PSM
President
(239) 594-8448
FAX (239) 59+0554
LEGAL D£SCRIPl1ON OF
CITY GA1'£ COMJiMJNlTY DéYEl.OPIiENT DISTRICT
OF A POR17ON OF THE' NORTH ONE-HALF OF SECT10N J5. TOV#lSHIP 49 SOU1H.RANΠ26
E'..4S1; COI.J.JER COUN~ FLORIDA; BEING MORE' PAR71CUl.ARf. Y DESCRIBED AS FOCLOWS:
COUIKNC£ A T A PI( NÁIL AND DISC NO. L85S82 ItJARKJNG THE NORTHW£ST CORNER OF
$£C11ON J'5. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COWER COUNTY. flORIDA; THENCE:
NORTH 8913;CJ1EAST FOR 100.00 FŒT FOR A POINT OF BEGINNING; 1H£NCE:
NORTH 8S"1.J·œ-- EAST. ALONG THE' NORm J..JN£ OF SAID SECTION J5 AND THE SOUTH UN£
OF SAFt HARJ!i()(f,·· ACCORDING TO THE PU. T THF:R£QFR£C(JRDED IN PU. T BOOK 26.. PAGES 22
AND 2.% OF THE PU8I.JC RECORDS OF COW£R COUNTY. FLORJDA, AND THE NOR7H LiNE OF'
LOT t. CITY GA TE COIJItIERCE: CEN"fER.. PHASE ON£. ACCORDING TO '1'1£ PLA T THER£OF
RECORDED IN PLAT BOO/( 41, PAGES 6 AND 7, or SAID PUBUC RECORDs,. FOR A DtSTANC£:
OF' 490.33 FEET. TO T1£ NORTHEAST CORN£R OF SAID LOT " TO A POiNT, THENCE COItf11NUlNG
NOR1H 89'73'08- EAST, ALONG SAID NORTH UN£ OF SAID S£Cl1ON J'5. ,AND THE SOUTH UHE OF
SAFE HARBOR AND 11-1£ SOOTH UNE OF GOI..D£N GA1ë ESTA~ UNIT NO. 28. ACCORDING ro THE
PLAT 1H£REOF RECORDED IN PLAT BOOK 7. PAGES 79 AND ~ OF SAID OF SAJO PU8UC
RECORDS. FOR 4.691.76 FEET. ro A CONCRETE MONUItlENT NOW S£T AT THE: SOU1HEAsr
CORNER OF TRACT 169., GOUJ£N GÄ 1'£ £:STA 7C~ UNIT NO. 28 AND THE: NORTHEAST CORNER
OF SAJD S£CT1ON 35: THENCE SOUTH 00"55'17" MCST FOR 2,673.59 FEET. TO A CONCR£1E
1tIONtJUDlT FOUND A T THE NORTHEAST CORNER OF LOT 14 KHlTE' UJŒ CORPORA T£ PARK,
PHASE THRŒ. ACCORDING ro THE PU. T THE:R£OF RECORDED IN PU. T BOOK 34, PAGES 45
AND 46 OF SAID PUBUC RECORDS; TH€NŒ SOUTH 89-00'07" ~S7; ALONG THE NORTH UN£
OF SND LOT 18. AND THE NORTH UNE OF VHlTE UJ(£' CORPORA TE PARK. .4CCORD/NG TO THE
PJ.ATrH£R£OF RECORDED IN PLAT BOOK :I1, PAGES 26 THROUGH 28, lNauSfYE. FOR 4.000.96
FEET. TO THE SOUTHEAST CORNER OF LOT 16, CITY GA 1E COMMERC£ CENTER, PHASE ONE';
THENCE 'MTH THE; P£RIIj£:'ŒR OF PARŒL ~. OF SAiD PHASE ON£:.. THE E1GHT F0I.1.0'MNG COUR~
1) SOUTH 89'00'01" MEST FOR 909.~ FEET. THENCE
2) NORTH ,¡fJ"47'54- M£ST FOR 94.86 FEET; THENCE
3) 240..58 FŒT ALONG THE: ARC· OF A CURVE' CONCA ~ TO THE NOR7f/£AST, THROUGH A
CENTRAL ANct..E OF 41"01"29-' HAVING A RADIUS OF .JJ6.00 FŒT, THE æMD OF 'NHICH
8EARS NORTH 23"17'10· WEST FOR A œoRD DISTANCE OF 235.48 FEET; mENŒ
4) NORTH 02°46'2S- EST FOR 750. 60 FEET: THE:NŒ
S} NORTH 04"2"08" ItES'T FOR 294.26 FEU; THENCE
6) NORTH 8937'01"E:AST FOR 454.12 FEET; 1HÐIIC£
7) SCU1H 00"47'14- Jt£ST FOR 65J.80 FŒT: THENCE
8) NOR1H 89TU'4(J" EAST FOR 690.82 FŒT. THE:NCE NORTH 00""7'14" EAST. ALONG THE:
IKS1E1?LY RiGHT-OF-WAYUN£ OF A 170 FOOT 'MOE FLORIDA POWfRAND UGHT COMPANY
EASDlENT RECORDED IN OFF7C1AL RECORD 800K 681. PAGE 1270. OF SAID P£l8UC RECORDS.
FOR 1399.44 FEET: THENCE NORTH 51r30'03" M£'ST. ALONG SAID 170 FOOT RIGHT-OF-WAY.
FOR 761,56 FEET; THE:NŒ WTH TH£ PER1METE'R OF PARCEl. 'A' OF SAID PHASE ON£. THE FOUR
FOI.LOVING COURSES:
1) SOI.J1H 31 '30~. M£S'T FOR 70. ot FŒT; THENCE:
2) SOUTH 00"4.""4'" II£ST FOR 994.98 FEET; THENCE
,J) SOUTH 8931'0'- M£S'T FOR 456.51 FEET; TH£NŒ
4) NORTH 00"29'15" ~T FOR 1260.« FEET. TO THE POINT OF B£GlNMNG.
CONTAlNJNG 289. t ACRES; MORE OR LEss.
SUBoECT TO RE'STRIC11ONS. £.f.S£MENTS AND R£'S£RVA 710NS OF RECORD.
BEARINGS FOR THE A80~ DESCRIBED PROPERTY ARE BASED ON THE M£ST UNE OF THE
NOR1H¥£STQUARTEROF SEC7TON J'5; TOrMSHIP 49 SOUTH, RANGE 26 EAST. COI.1J£'R COUNTY.
FLORIDA - BFJNG NOtRTH 00"29'15- EST.
Agenda Item No. 8A
February 8, 2005
Page 17 of 62
EXHIBIT 2
LANDO\VNER'S CONSEl'ij' TO ESTABLISIIMENT OF DISTRICT
The ulldersignedt Joseph R. \V chef, as Vice President of Citygate. Development,
LLC, and CG II, LLC, each a Florida limited liabiìity company (hereinafter collectively
referred to as "Petitioners"). hereby certifies as follows:
¡ . Petitioners are the O\V1îCr5 of and have control over that certain real
property located in Collier County, Florida, more particularly described in Exhibit 1 of
this Pctitíon. under and by virtue ofrhe documentation attached hereto. Said rea! property
constitutes 100 % of the property proposed to be induded in the District.
2. The und-ersignedis the duly appointed Vice President ofthe Petitioners
and represents and \VaITants that he is duly authorized and has the authority to execute
th1s Consent.
3. The undersigned, on behalf oftl1e Petitioners, (i) hereby consents to the
establishment of a community development district in accordance with Section 190.005,
Florida Statutes, to be known as City Gate Community Development District, (ii.)
consents to the inclusion of the real property described in Exhibit 1 ofthis Petîtion in tho
district, and (Hi) appoints and authorizes Donald A. Pick\'llorth, Esq. to file this Petition.
Executed this li!day of ~t!V/.1 b(/, 20'04.
Citygate Development, LLC
Jos hR Lk/~
Více President
CG U,LLC
., úI~
Jose 1 R. v.., eber
Vice President
,Votary Sigltfltme on }\/ext Page
EXHIBIT 2
CITY GATE CDD PETITION
Agenda Item No. 8A
February 8, 2005
Page 18 of 62
t The foregoing instrument was acknowledged before me this If ~ay of
~ktv. 2004, by Joseph R Weber as Vice President of Citygate Development, LLC
and CG II, LLC, ""ho is<PersonaHy knO'í\]Jto me OR has produced
as identitic:ation.
IN lESTIMONY WHEREO. F, I have hereunto aff~;x~? my name and official sea] at
-i}Jt/Uj")( ,Ohio, this 116( day of :::l.f::£7/.¿~ ,2004.
I
Signed~. ¡,~
...·,6'¡.:~·iÀL8;.).
/ ~.... . :.«') ANNE E. PETERSEN
\ ..{ ". . Resident ofSLmmUt_
\. I$' NotaIy PubIc, Sfå at ~Io
.,..~~ My OOmmtsslon --08I03nOOS
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Agenda Item No. SA
February 8. 2005
Page 19 of 62
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February 8, 2005
Page 20 of 62
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OTY SA TE COAWUItITY .œvEtOPMtN1' DISTRICT
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Agenda Item No, 8A
¡ February 8, 2005
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EXMBIT 1JC
CITY G'A rE COMMUNITY DEVELOPMeNT DISTRICT
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EXHIBIT 3D
CITY GATE COMMUNITY DEVELOPMENT DISTRICT
PROPOSED TIMETABLE AND ESTIMATED COSTS OF CONSTRUCTION
INFRASTRUCTURE CATEGORY
2005 2006
$515,000 $0
$286,000 $868.500
$1,005,000 $1,456.000
$566,000 $396,000
$400,000 $300,000
$1,500,000 $0
$0 $100,000 ~
$4.362,000 $3,160,500
PUBLIC ROADS
WATER & SEWER
WATER MANAGEMENT
LANDSCAPING/LIGHT ING/SIGNAGE
CONSULTANTS
MITIGATION
CONTINGENCY
Total per Year
2007
$0
$0
$0
$0
$0
$0
SO
$0
2008
$0
$0
$0
$0
$0
$0
$0
$0
Agenda Item No. SA
February 8. 2005
Page 22 of 62
2009 2010
$0 $0
$0 $911,500
$0 $4.304.000
$0 $91 B,OOO
$0 $300,000
$0 $0
$0 $160,000
$0 $6,593,500
Cumulative Tolal
$4.362,000 $7,542.500 $7,542.500 $7.542.500 $7.542.500 $14.136.000
NOTES:
THIS TIMErABLE AND LISTING IS AN ESTIMATE. BASED ON EXISTING INFORMATION, AND IS SUBJECT TO
CHANGE AS DETERMINED BY THE DISTRICT BOARD.
EXHIBIT 3D
CITY GA'm enD PETITION
Agenda Item No. 8A
February 8. 2005
Page 23 of 62
City Gate CommerCÎal
City Gate Industrial
I
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CITY r;ATE COD PETITION
Agenda Item No. 8A
February 8, 2005
Page 24 of 62
STATEMENT OF ESTIMATED REGULATORY COSTS
City Gate Community Development District
1.0 Introduction
1 .1 Purpose and Scope
This statement of estimated reglJlator¡ costs ("SERC") supports the petItion to
form the City Gate Community Development District ("Districf or ~CDD"). The
proposed District comprises approximate1y 289 acres of land on which Citygate
Development. LLC, and CG !I, L.L C CDeveloper") plans to develop 84
commercÍal lOtS In three phases
To support this development program the District would fund appíOximately
S18,700000 of public ¡nfrastrJcture by issuing approximately $25.500,000 in total
debt fuMing The District proposes to Drovide infrastructure and communi!':1
ser,¡ices to the District as described more fuHy belo'.v.
The ii;nita:¡OfiS on the scope of th:s SERC are exp!icit;y set OL:t in Sectior'ì
19CD02:2}í,d), F.S. (gm"err1ing Oistrct f()r~ation or aiteration) as rol!ovis:
"ïhat the process of establishmg such a d,strict pursuant to uniform general law
shaIl te fair and based oniy on factors m§ierial to managing and financinq the
service ceiivery function of trle district. so thata.n'i matter concerninq Dermittina
or olann,nc of the deve!ooment is not rT',steriai or reJevant temphasis added)."
1 .2 Over~'íew of the proposed Crty Gate Community Deve10pment District
As noted above, the proposed District provides infrastructure, ser"1ces. anc
facilities along with their operations and maintenance, to the 289 acres planned
for the dS'ie1opmenL ihe lanà contained in the District is currently planned for
the land uses shmvn in Table 1. These are preliminary plans and are subject to
change.
Table 1. City Gate Community Development District Planned Land Uses
Tvpe of Use
Commerciaj ('vVêstof FPL E3semef'lt)
L.gt1t Industrial
Public Rjght-olNiay ~'Nhite Lake Sout!,'
Private RJght-of·'~Vaf
La'IŒs
Florida Power & Ught Easamert
Tot31
Acreaqe % of Total
29.19 10.1%
2{15,39 7·1.(J~/~
244 0.8%
2t. 74 75%
18.01 6.6%.
t,Q2 3.9%
289.19 100.0%
Source: Developer
EXHIBIT 5
CITY GATE CDD PETITION
Agenda Item No. 8A
February 8, 2005
Page 25 of 62
8T A TEMENT OF ESTIMA TED REGULATORY COSTS
City Gate Community Development District
1.0 I ntroductlon
1.1 Purpose and Scope
This statement of est1ma1ed regulatory costs rSERC~) supports the petition to
form the City Gate Community Development Distncl ("District" or "CDD"), The
proposed District comprises approximate1y 289 acres of Isnd on which City gate
Development ltC, and CG II. l.LC. ("Developer") plans to develop 84
cQmmercial lots In three phases.
To support this de'velopment program the District would fund approximately
$18.700,000 of public infrastructure by issuing approximately $25,500,000 in total
debt funding. The District proposes to prov.ide infrastructure and communíty
services to the District as described more fully be!ow
The Hmitations on the scope of this SERC are explk::ltiy set out in Section
190.002(2Hd). F.S. (governing District form¡¡:"tJon ora/teration) as fOHow$:
"That trje process of establishing such a district pursuant to uniform genera! la\ov
shaH be fair and based on!v on factors. material toO manacina and financing the
service delivery function of the district so thatanv matter concemin~ permittinc
or cianning of the develoQmentis not materia! or relevant (emphasis a.dded)"
1 2' Overvie....¡or the proposed City Gate C.ommunity Deveiopment District
As noted above, the proposed District prðvídes infrastructure, services, and
faciHtïes along with their operations and maintenance. to the 289 acres planned
for the development. The land contained in the District is currentiy pìanned for
the land uses shown in Tabie 1. These are preliminary pla,ns and .aresublect to
ci1ange
Table 1. City Gate Community Development District PLanned Land Uses
Tv!), of Use
Commercial ¡West of FPL Easerner!)
light indus-tnal
Pub¡ic Rjght-ol-Way 'V'I'h¡t9 Lake. South"
Frivate Righl-.of.Way
Lakes
Florida Power & lIght Eà$ement
Total
Açrea~.
2$.19
205 39
~t44
% ofT ot8'
10,1%
7t.O":!n
0$'%
75%
66'%
3.9%
100,0%
21.74
19.01
11.42
289.19
Source: Developer
Agenda Item No. 8A
February 8, 2005
Page 26 of 62
1.3 Requirements for Statement of Estimated Regulatorf Costs
Section 120.541 (2). F.S ~:2002). defines the elements a statement orestimatec:
regulator; costs must contai:i:
"(a) A. good faith estimate of the number of individuals and entities ¡¡Kely to be
required to comply with the rule, together with a genera: descnption of the types
of individuajs ¡¡ke~y to be affected by the rule.
(b) A good faith estimate of the cost to the agency. and to any other staie anc
local government entities, of implementing and enforcing the proposed ruie, and'
any anticipated effect on state and loca; revenues.
(c} A good faith estimate of the transactional costs ¡~.eiy to be incurred by
individuais and entities, indudmg local governmental entitles, required to comp¡y
with the requirements of 1he rule As used in thiS paragraph. "transactional costs"
are direct costs that are readily ascertainable basec upon standard business
practJces. an·:I includefiiing fees the cost of obtain,ng a license, tne cost of
equipment required to be insta:Jed or uSed or procedures required to be
emolcyed in comp1ying With the rule, additolìa! operatng costs incurred, and the
cost of monitoring and rep.:.).1¡"lg
(Cn ~.n analysis of the impact on sma!! businesses as defined by Section 288.·703,
F.S., and an anaiysis of the impact on small CCUn:19S and sman cities as èefined
:,y Section 120.52. F.S Comer COJr;:y ;$ rc,t ce~¡¡'edas a smail County fç.¡
purpcses of this requirement.
!,e) Any addit¡'onal înforma~¡on that the agency cletermines maJi be l.!sef:.:!
(f) In the statement or re\"¡sec! statement whicheve' appHes. a descr;ption of any
good faith written proposa! submitted under paragraph ('1) (a) and either a
s-:atement adopting the altematîve or a statement of the reascns for rejecting the
alternative in favor of the proposed rule."
2.0 A good faith estimate of the number of individuals and entities Ukely to be
required to comply with the ordinance, together with a general description
of the types of individuals likely to be affected by the ordinance.
As noted above, the proposed District wíil provide infrastructure andcommun¡ty
services to the +/- 289 acres of land planned for the project consisting of 84
commercial lots. All of the ultimate property o','.Iners in the District wi!! be required
to comply with Distrfc1 rules and their properties wiH be encumbered with District
obHgatíons to pay for infrastructure and operations and maJntenance expenses
incurred by the DIstrict. Of course prior to the seil out of the real estate, an of the
undeveiopedland owned by the Devefoper and any other landowner will also be
under the jurisdiction of the District
..
Agenda Item No. 8A
February 8, 2005
Page 27 of 62
3.0 Good faith estimate of the cost to state and local government entities, of
implementing and enforcing the proposed ordinanc'&, and any anticipated
effect on state and foea! revenues.
3 1 Costs to Govemmentai Agencies oflmpiementing and Enforcing Ordinance
State Governmenta! Entities
There are onjy modest additional ongoing costs to various State entities to
implement and enforce the proposed ordinanc.e. If approved, t11e District ',,,,III be
spedal purpose Ut!it of loca! government. The District is required to fHe various
reports to the State of F¡,orida. the Department of Community Ä.ffairsal"ld other
agencies .of the State. The filing req¡,.!irements are outlined it! Appendix A The'
cost to the State and its various departments to prc;,cess additional reports filed
by the District wit! be verj sma ¡ since the State already col!ects these reports
from numerous other units of government. The additior¡ of one more set of
reports wì!l have very little cost impact FinaHy, ¡he Di!;trict must pay a small
annual tHing fee to the Department of Community Affairs te help offset the costs
t'0 the State f¡'Jr the additional paper"vori<,
CcH~ef Countv
The proposai to form the District æquires Comer County Ib revìêW the petition
and its supporting exhibits In addition, the CountywrH hold a public hearing to
discuss the petition and to take pubi¡c input These activities wHI absorb starr
tirre and time of the County Commìssic,n. However, these costs arê very modest
at most for the following reasons The County possesses the staff and expertise
toccnduct its review and thefj ing fee wì!l offset ~t"Jese costs
The County' wil1 incur only a sma!! addìiic·nai 8Mua1 cost if this petííJon is
approved, The proposed DistrIct ''''''''ould be an independent unit .of toea!
gO'Jernment, so the District is responsibje for its own budget, repCirting. and the
FuJi conduct of i!s powers within its boundaries The District '.viii provide the
County with its budget each year, but no County action is required.
Proposed Community Deve!opmeni District
The proposed community development district wH!îl'1curcasts associated with its
administration and management These costs include the foliowing:
· District management and administration
· Legal costs for advertising meetings
. Supervisors fees
· Annual Audit
· Professional fees for the Djstrict Engineer, Council and other professionals
whose services may be needed from time to time
· Filing fees to the State and Jocal governments
Agenda Item No. 8A
February 8, 2005
Page 28 of 62
These costs run in the range of $35,000 to 550,000 per year for a Dfstr!d of the
size and scope antictpated he~e,
3,2 Impact on State and Loca! Revenues
Adoption of the proposed ordinance wi!1 r¡8V6 no negative impact on State or
local revenues, The Dis~r¡ct is an independent unit of local government It is
designed to provide community facili!ies and services to serve the deveropment
It has its own sources of revenue, No State or tocai subsidies are required or
expected,
In this regard it is important to note that any debt ot¡ligatiol1s incurred by the
District to construct its infrastructure. or for any other reason. are not debts of the
State of FJorida or any other unit of JocaJ government outside of the District Itself,
By State law debts of the Oistrict are stric:Hy its OINn responsìbiH~y
4.0 A good faith estimate of the transactional costs likely to be Incurred by
individuals and entities required to comply with the requirements of the
ordinance.
The District pia'1s t'J provide various community facditles and services to the
prcperty in the District, as ou1Fr:ed ¡n Tatie 2 The District pians to fund. own.
operate and maintain the stormwater management system, the private road',,\¡,sys
,arid U",e ¡ar.dscaping The District 'Nil1 fund and construct the pubJic road"Nsy'S
and uWíttes, and the Dìstr'ctwm dedicate them to the County,
Table 2. Proposed FaciJities and Services
F acilìtv
PUblic Roads
Private Roa¿s
Storm 'Nater ív1(lrag.;:mert
Utilities
Landscaping
Funded 8y
CDD
COC
COD
CDD
COO
O&M By
Ccunty
COO
COO
Cour:y
COO
OwnershíQ
Ccunty
COO
CDO
G::urtji
CDD
The pe1ì1ioner has estimated the costs for providing the capital 'facilities outlined
Îr\ Tabie 2, and these are shown in Table 3 below. Tota! costs for these faciiities
are estimated to be approximately $18,669,000. To fund this construction
program the Oìstric¡ may issue special assessment or other revenue bonds
estimated to total $25,369,000. These would be repaid through non~ad valorem
assessments levied on all properties in the District that may benefit from the
District's capita! improvement program as outlined in Table 2.
,
'.
Agenda Item No. 8A
February 8, 2005
Page 29 of 62
Table 3. Summary of Estimated Capital Costs for Proposed
City Gate Community Development Oistrict
CateQorv
Oi$ìrìc:t·Fund.d Infrastructur.
Pwb¡¡c. Roadways
Utilities
Storm Water Mar,"¡agemeN
landsca ping/Ugl'1 tíng/Signage
Con$u~tants
EMironmental Mitigation
Contingency
Developer-Funded Improvements
Prr'late RoadwOt)l$
An OtÍ'!~r Reiat~d CecS!s
Amount
5515,000
52,066.000
$8.855.000
$1.880.000
$1 ,COO. QC\O
$:,500.000
$320.000
52,183.000
S2.350,OGO
:: :=::::-.: ::==
Total
S '·3,669,000
Source: Butler Engineer¡ng. Inc
?rûspect:\.'e future landowners in tile District may be required 10 pay non-ad
va!t:.1rem ~$se:ssments levied by tr¡e Of-she! to secure the debt 'ncurred through
bond ¡ss:..;ance. In addition to the ¡evy of non-ad v;;;¡orem assessments for debt
service. District may also impos,ea non-ad vaí<:)rem assessment to fund the
operations and maìntenanceof the District and its facili1ies and servÎces,
It ísimponant to note that the various costs outlinedìn TabJe 3 are typicaJ for
developments of the type contemptateé here. In other words, there is nothing
peculiar about the Oistrrct's financing that requires additional infrastructure over
and above whet would normally be needed. Therefore, these costs are not in
addWon to norma! deveìopment costs, Instead, the facHWes and serrJices
provided by the District are substitutmg in pan for deveJoper-provided
infrastructure and facilities, AJong these same lines, District-imposed
assessments fat operations and maintenance costs are similar to what would be
charged in any event by a prop'srty owners association common to most
commercia! developments,
R.ea! estate markets are quíte efficient. because commercial buyers and lessees
evaluate aHot the costs and benefits associated with variousaltemative
Jocattons. Therefore, market forces preclude developers from marking up thè
prices of their prOducts beyond what the competitionailows. To remain
competitive the operations and maintenance charges must also be in Une with
the competitlorL
Furthermore. ioc.ating in the District by new property owners and lessees is
completely voluntary', So, ultimately. all owners and users of the affected
property choose to accept the Dìstrict's costs in tradeoff for the benefits that the
District provides.
5
Agenda Item No. 8A
February 8. 2005
Page 30 of 62
The Dìstrictis an aì:emative means to finance necessary commumty ser...íces
O\str[ct financing is no more expensive. and often less expenSive. than the
aitemat¡vesof a municipal service taxing l;f'1 t (MSTU). a neighborhc·CC
assocrst¡on, County provision (directly or via a dependem specia!district). or
through devejoper-bank loans,
5.0 Än analysis of the impact on small businesses as defined by Section
288.703. F.S., and an analysIs of the impact on smaU counties and small
clUes as defined by Section 120.52, F.S.
There wUi be no impact on smafJ businesses because of the formation of the
proposed District If anything, the impact may be positive, This is because the
District must competitively bid certain of its contracts. This affords sma\!
businesses the opportumty to bid on District work.
The de\leiopment is 10cated in CoOier County As of the ia~e$t Census date. the
2000 Census.. tr,2 COfJntyhas a population of more than 50.000. Therefore, the
pr,'posec: D:strict is not íooated in a County def:ned as a ·sn's]¡" according to
Section 12052, F.S
6.0' Any additional useful information.
The analysis provided above is based on a straightforward appiicatic'n of
economic theori espec.lally as it reiates to tra::.king the incidence of regu¡atory
costs and benefits. Inputs 'liera received from the Developer's Engineer and
ot;,er professionals associated v¡itr, the De'J€loper.
Finaliy, it is useful to reflect upon the question of whether the proposed formation
of the District is the best altemative to provide communit'y' radHties and services
to the Development As an alternat:ve to the District. the County could approve a
dependent $pecïa~ district for the area, such as an MSBU or a special t2xìng
district under Chapt.er 170. F.B. Either of these alternatives could finance tMe
împrovements contemplated in Table 2 in a fashion similar to the proposed
District
However. each of these alternatives is inferior to the District. Unlike the District,
the alternatjves would require the County to contJnue to admirfÌster the project
and its facilities and ser....ices, As a result the costs for thess services and
racHities would not be sequestered to the ¡and directlY benefiting from them, as
the case would be with the District. In addition. administering a project of the
size and scare contemplated hereln would make tittle sense for the County
6-
Agenda Item No. 8A
February 8, 2005
Page 31 of 62
A Dis1nct also is preferable from a government accountability perspective. With a
District as proposed. property owners and lessees in the District would have a
focused unit of government under their direct control. The Dîstrict can then be
more responslive to property owner needs without disrupting ether County
responsibilities.
Another alternative to the District would be for the developer to provide the
infrastructure and to use a property owners association (POA) for operations and
maintenance of community facilitjes and services. A District is superior to a POA
for a variety of reasons. First, unlike a POA, a Dislrictcan impose andc.ollect its
assessments along with other property taxes. Therefore, the Dîstrict Îs far more
assured of obtaining its needed fu·nds than is a POA. Second, th~ proposed
Distrìct ¡sa unit of 10eaf government. Therefore, unlike the POA, the District must
abide by all governmental rules and regulations.
Fishkind & Associates certifies that this SERC meets the requirements for a
SERC as set out in Chapter 120.541, F.S.
We have developed ever 25 SERCs. Below is a lis¡ìng of scme of these.
· Med1terra Community Development District
· BroOKS Community Development District
· Pelican Marsh Community Development District
.. Pelican Landing Community Devefopment District
· Fidd1er's Creek Community Development District 1
· Quarry Community Developrnent District
· Lakewood Ranch Community Development Distrio: 6
· Urban Or!ando Community Development District
· Marshal! Creek Community Development District
· Cedar Hammock Community Development District
i
Agenda Item No. 8A
February 8. 2005
Page 32 of 62
APPENDIX A
LIST OF REPORTING REQUIREMENTS
FLORIDA
STATUTE
REPORT CITE DATE
Annual Finandal Audit 1145 12 months after end of fiscal year
Annual Financial Report (AFR) 218.32 by March 31
TR1M Compliance Report 200.068 130 days after
Form '1 - Limited Financial Dì-scicsure 112 3144 by July 1
PubliC Oeoositor 215 by Ncvember 15
Proposed Budge: 21834 by September 1
Pubíic F ac¡ i~ie$ Report - 189.415 fv1arcr. 1
Puc.Hc Meetings Sch.eéuie Î 89.4 r7 beginning of fiscal year
Sond Report 218.38 When issueè
Registered Agent 189.417 30 Days after
8
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Page 33 of 62
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Agenda Item No. 8A
February 8, 2005
Page 34 of 62
A IT ACHMENT 2
STAFF ANALYSIS RELATIVE
TO THE SIX (6) FACTORS
FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION
FOR CITY GATE CDD
Baclæround:
Section 190.005, Florida Statutes. outlines the specific content required in a Community
Development District (CDD) petition and further outlines six (6) factors for the Board of County
Commissioners to consider in detennining whether to grant or deny a petition for the
establishment of a CDD, as follows:
1. Whether all statements contained within the petition have been found to be true
and correct.
2. Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the district is amenable to separate
special-district government.
Comprehensive Planning staff has reviewed the six factors referenced above and makes the
following findings with regard to the proposed City Gate Community Development District:
1. Whether all statements contained within the petition have been found to be true and
correct.
Comprehensive Planning Department staff, along with the staffs ofthe County Attorney's Office,
the Utilities Engineering Department and the Transportation Planning Department, has reviewed
the referenced Community Development District petition. Based upon the review of the petition
and sufficiency infonnation, staff believes that the infonnation found within these documents is
substantially true and correct.
1
Agenda Item No, 8A
February 8, 2005
Page 35 of 62
2. Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
The City Gate P.U.D. is also an approved Development of Regional Impact (DRI) originally
approved by the Board of County Commissioners in 1987. As part of the approval process, the
development was found to be consistent with the Growth Management Plan in effect at that time.
The entire P.U.D. designated Urban, Industrial District on the Collier County Future Land Use
Map. The proposed CDD would be a unit of local government established specifically for the
purpose of carrying out the approved Master Development Plan and commitments of the City
Gate Development. The CDD does not authorize any form or amount of development not
previously approved by the Board of County Commissioners. Therefore, staff finds that the
establishment of the CDD is consistent with the Collier County Growth Management Plan.
As to consistency with the State Comprehensive Plan, the County staff notes that the CDD
process is established within Section 190 of the Florida Statutes. The petitioner has not deviated
ITom the standard process, as established by the Statute. Section 187.201, Florida Statutes.
contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for
Governmental Efficiency, which reads as follows:
" Goal.--Florida governments shall economically and efficiently provide the amount and
quality of services required by the public."
Policy 2 within this goal area reads as follows:
"2. Allow the creation of independent special taxing districts which have uniform
general law standards and procedures and do not overburden other governments and their
taxpayers while preventing the proliferation of independent special taxing districts which do not
meet these standards."
As an "independent special taxing district", the proposed CDD is consistent with the State
Comprehensive Plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
The proposed City Gate Community Development District, if approved, would be within the size
range of several other CDDs within Collier County. For instance, the Heritage Greens or Dove
Point CDD comprises approximately 251 acres, the Key MarcolHorr's Island CDD is
approximately 174 acres in size, and the Islesworth CDD is approximately 262 acres. Based
upon previous experience and the subsequent success of other Collier County CDDs,
Comprehensive Planning Department staff believes that the City Gate Community Development
District meets the above criteria.
2
Agenda Item No. 8A
February 8, 2005
Page 36 of 62
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
As noted within Exhibit 5 of the CDD petition, there are numerous alternatives available for the
provision of inftastructure and services by and for an approved development. These include, but
are not limited to the following: private funding procured by the developer; establishment of a
homeowners association; establishment of a Municipal Services Taxing Unit (MSTU);
establishment of a Municipal Services Benefit Unit (MSBU); establishment of a Community
Improvement District (limited to drainage and irrigation related improvements); establishment of
a County-managed special purpose district; or, direct County management. All of these
alternative options have various legal, financial or other limitations on their operations or do not
provide a focused, compact approach to the provision of infrastructure and services. Therefore,
staff finds that establishment of the proposed CDD is the best alternative available for delivering
community development services and facilities to the area that will be served by the proposed
district.
s. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
The proposed CDD cannot develop any facilities and services that are incompatIòle with the
surrounding area. This is because the CDD's sole pwpose is to implement conditions and
developer commitments that were part of the original P.U.D. and DR! approvals. The District
Board of Supervisors will not have the legal authority to implement any facilities, services or
development that would be inconsistent with its existing development approvals.
6. Whether the area that will be served by the district is amenable to separate special-
district government.
Based upon staff findings concerning the previous five criteria, Comprehensive Planning
Department staff finds that the subject area for the proposed CDD is amenable to special district
government. Furthermore, staff recommends that the Board of County Commissioners adopt the
Ordinance, as contained in Attachment 1, establishing the City Gate Community Development
District.
3
Agenda Item No. 8A
February 8, 2005
Page 37 of 62
BEFORE THE BOARD OF CO;\IMISSIONERS
COLLIER COUNTY, FLORIDA
ST AT~: OF J¡"LORlDA
COUNTY O:F COLLIER
INRE:-
PETITION TO EST ABUSH TUE
CITY GATE COMMUNITY DEVELOPMI:NT
l)JSTRICT
,.__c_____.______.1
AFFIDA \lIT ADOPTING WRrrTf;:N~ PRE,·FlLED TESTIMONY
STATE OF OHIO
COUNTY Of' SurtriJ-
I, Joseph \~leber,Vic,e Prcsídenl of City Gate Development. LLC and CG U, 1..1..C. being
(IrS! duly sworn, do hcre;by state for my affid.avit as follows:
¡, I have persona! knowledge of the matters set forth in this atIjdavìt.
2. My name is Joseph '\lebel', aud 1 am employed by City Gate Development, LLC
,md CG U, LtC as Vkc President.
3. Th~ preparL-d, written, pre-filed testimony, submitted under my name 1(1 CQl1kr
County rclating to the establishment orCicy Gate Cmnmunìty Developm\:TIt District, and
attached hereto, is true and correct.
4. If ¡ were asked the questÎons contained in the pre-filed testimony orally at the City
Gale Cömmxmity Development D¡:ÖMll.~t t'slablish111cnl hêaring. sdleduled for February 8, 2005.
my oral .Ulswers\vould be the same a.s the wrillcn answ¡:rs presented in my pre-filed testimony.
5. Myprc-filc(! testimony generally addresses the truth and ac'Curacy oflhcP¡¡:¡iÜon
Agenda Item No, 8A
February 8, 2005
Page 38 of 62
to estahlish the proposed City Gate Community Developmcnt District, the f1Hng ofthe Petition
and lbeprocessing of the Petition, and tbe size and ownership of the lands comprising the
proposed District.
6. 1'\111' testimony has been revised to correct minor typogr.,phical a.nd grammatical
errors,
Under penalties of perjury, I declare that I have read the foregoing and the facts alleged
are true and correct to the best o(my knowledge and belief.
EXCcCutcd this,ð..l~ day of January, 2005,
~ i(1fiIk¡ .
. SCPh cber d
S\VOR.,,'\J TO and SUBSCRIBED before me by the Affiant, on this.£.. day of January,
2005.
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/~." ~\ ANNE E. PETERSEN
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... I NoIary Public. Staœ ofOñkJ
\{" OF ~ My cammissÍQ11 e~s 08103/2009
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PersonaJly Known V'
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Type of idcnti fication produced,
Agenda Item No. 8A
February 8, 2005
Page 39 of 62
1 TESTIMONY OF JOSEPH WEBER. OWNER'S REPRE&ENT A TIVE
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1.
Please state )'our name and business address.
My name is Joseph Weber. My business address is 159 South Main Street. Suite
500. Akron, Ohio
2.
By whom are )!ou empio,'ed and i'D wbat capacity'?
I am cunendy employed as Vice Presiden1 by BrcllmulMnnagement Group. LLC,
the parent com pan)' of the manager of City Gate Development, LtC and CO II,
LLC, and am also Vice President of the managemem company.
J.
I'iease describe your duties in these positions.
As Vice President, I am responsible for the over$Îght of ail operations related to
accounting, sales, land development, con stroc(Î on, and property management
seniÍces.
4.
How long bave )'OU held these positions?
I have bet.'ll employed by Brennan Management Group, LLC or its predecessors
since 1995.
s.
Are you gener'aUy fammar with the geographical areas, type, and Scope of
development and tbe availahlc services and facilities within the propused
community development district to be kQ()wn as City Gate Community
Dcvelopnumt District ('~Cit)' Gate CDD")?
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Yes. I am familiar \\,;t11 the Cit)' Gate CDD area. I am also fàmiJiar I,\<'ith the type
and scope of development and the available services and facilities within the City
Gale CDD.
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6.
Please describe your icwoh'cmcnt with the Petition For An Ordinance to
Establish Cit)i Gate Community Development I>lstriC't ("Petition").
I have been involved with the fonnalion of the City Gate COD since its inception,
1 was involved in the planning stages of the Cìty Gate CDD, and in the
preparation of the CDO Petition and exhibits.
7.
Have you reviewed the contcnts of tbe I)etition'?
Yes, I have revic\vcd and approved the contents of tile PetiÜon and exhibit:;,
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Agenda Item No. 8A
February 8, 2005
Page 40 of 62
8.
Are there an)' changes Qr cQrrcctiQns to tbe Petition at this time?
No.
9.
Are there an)' changes 01' corrections to an)' of the exhibits attached to the
petition at this time?
No.
Arc the contents of the Petition and the exhibits attacbed to it tru~ and
correct to tbe best of your knowledge as of the datc of ,'our prepared
testimony is filed'!
Yð.
When did the City Gate enn file its Petition.
The Petition was filcd with Collier County. Florida, on November 29, 2004.
12.
In response to this J)ctition, what action has Collier Count)' taken?
Collier County published a notice of the public hearing once a \....eek for five
consecutive w'ceks in the Naples Daily News, A copy of the proof of publication
was submitted at the commencement of the hearing.
13.
Is the Naples Dail)' News a ncwspaper of general circulation in the City Gate
CDD and Collier County?
Yes. it is.
14.
\Vas this an ad published in the legal ads see(ioD of tbe pape!' or in some
other location"
It was published in the local section of the newspaper.
15.
Has the City Gate CDn received any other comments from the public or any
other govcrnmental agcnC)'?
No.
16.
Approximatel)' how large is the land arca proposed to be tbe City Gate
COD'!
The land area proposcd to be the City Gate CDD consists of approximately
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Agenda Item No. 8A
February 8, 2005
Page 41 of 62
289.1± acres.
Who are the owners of tbe proposed land to be ineluded in the City Gate
CDD whi) ba\'c given theil' consent as set fortb in Exhibit ~2" to the Petition'?
AI! of the land ,,,,'¡thin and comprising the proposed City Gate CDD is owned in
fee simple by City Gate Development, LLC and CO n, LLC, each of which is a
Florida limited liability company. Both o....'l1crs have given written consent to the
establishment of the City Ga.te CDD. and a cop)" of the consent is attacbed 1..0 the
Petition.
18.
Docs thiscondude your testimony?
Yes.
Agenda Item No. 8A
February 8, 2005
Page 42 of 62
BEFORE THE BOARO OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
8T A TE OF FLORIDA
COUNTY OF COLLIER
IN RE:
PETITION TO ESTABLISH CITY
GATE COMMUNITY DEVELOPMENT
DlSTRJCT
/
AFFIDA VI'}' ADOPTING WRITTEN. PRE-FILED TESTIMONY
STATE OF "'LORlDA
COUNTY OF COLLIER
L 1. Gary ßutlcr~ of Butler Engineering, Inc., being first duly sworn, do hcreby state ft)r
my affidavit a.... follows:
1. I have personal knowledgc of the matters set forth in this atlidavi1.
2. My name is 1. Gary Butler, and I am a Registered Professional Engineer
employed by Butler Engineering, IDe..
J. TIle prepared. wTitten, pre-filed tcstímony, submitted under my name to Comer
County relating to the establishment of the City Gate Community Development District and
attached hercto, is true and correct.
4. If I \\lere asked the questions contained in the pre·t1led testimony orally at the City
Gate Community Development District establishment hearing on February 8, 2004, my oral
anSWers wou\d be the same as the written answerS presented in my pre-tiled tcstimony-
5. My credentials. experience and qualitications concerning my \-vork \vith land
Agenda Item No. 8A
February 8, 2005
Page 43 of 62
development projects as a professionnl engineer arc accurately set forth in my pre-filed
testimony.
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6. M.y pre.liled tèslimony generally addresses the nature of the services and facilities
to be proNided by the proposed City Gate Community Development Di~1rict. the truth and
acCU]""àCY of the Petition 10 establish the proposed District, and compliance v..ith the factors to be
considered in the establishment of a community development district.
7. My testimony ha.'i> been revised to correct míllor typographical and grammatical
errors,
Under penaJties of perjury, 1 declare that I have read the foregoing and the facts alleged
are true and corrcct to the best of my knowledge and belicf.
Executed this 24th day of January. 200S./Î
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SWORN TO and SUBSCRIBED be1bre me by the Affiant, 011 this 24th day of January,
2005.
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Notary Public State of Florida
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Personally Kno ~11
Type of identification product-d
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Agenda Item No. 8A
February 8, 2005
Page 44 of 62
TESTII\10NY OF GARY BUTLER. P.E.
1.
Please state your name and business address.
My name is 1. Gary Butler. PE. My business address is 2223 Trade Center Way,
Naples, Florida 34109.
2.
By whom are }'ou employed and in wbat capacity?
1 am currently employed as a professional engineer with Buder Engineering, Inc. and
J am the President of Butler Engineering., Inc.. .
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And what is the nature of your firm's business?
Butler Engineering. Inc. provides engineering, surveying/mapping. land planning and
landscape design services to private and government clients directly and through the
use of sub-consultants.
4.
Please describe your experience and credentials, including your current
emplo)'ment.
I am a Registered Professional Engineer in the State of Florida with 25 years of
cngint'ClÍng experience.
5.
Please describe )'ol.lr educational background, with degrees earned, major areas
of study, year of degree, and institutions attended.
I graduated from Univcrsíty of South Florida wíth a Bachelor of Science Degree in
Civil Engineering.
6.
Do you bold any professional designations or certifications?
I am a Professional Engineer in the Stale of Florida, P.E. #35479.
7.
Are you a member of an)' professional associations?
No.
8.
Prior to your current employment, by whom were you employed and in what
position?
i was employed as a Professional Engineer for Wilson, Miller, Barton, Soli and Peek.
inc. for the years as an engineer.
9.
Do you consider yourself an expert in ch-'ÎI engineering?
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Agenda Item No. 8A
February 8, 2005
Page 45 of 62
Yes.
Please describe your experienee with civil engineering relating to c.ommunity
development districts ("CDDs") and spedal districts.
I have provided engineering servíces for several CDDs throughout my career.
including Pelican March CDD and Lely CDO.
Do )IOU consider yourself an expert in civil engineering, capable of rendering
expert opinions on CDDs, and specifleaUy on infrastructu.re for CDD services?
Yes.
What has been your ro)e ,"'ith respect to the Petition to EUabUsh ("Petition")
City Gate Community Development District ("City Gate CDD)?
My tìml has provided civil ("'11gîneering and c(msultalion services to the pmp()sed
COD.
Are you familiar vdth the Petition Wed to establish City Gate CnD?
[ have reviewed the Petition and its attachments, and] am familiar with the materials.
Have-you reviewed the contents of the Petition?
Yes.
15.
Arc there any changes or corrections to tbe Petition at this time?
No.
16.
Are there aDY changes o.r corrections to any of the exhibits attached to tbe
Petition at this time?
No.
17.
Are you generaU)' familiar with the geograpbical areas~ t),p~ and scope of
development and tbe avai.la.ble services and facHides w·jth.io City Gate COD?
Yes. I aI!l famjliar wítb the area within City Gate CDD ("CDO Area"). I am also
familiar with the services and facilities available within City Gate CDD.
18.
Please provide us with a brief description of Cit)' Gate CDD boundaries and
location?
The proposed City Gate COD is 287:::: aen.os, as dest.'ribed by the sketch contained in
the Petition. It is located 011 the east side of Collier Bou1evard, immediately north of
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Agenda Item No. 8A
February 8, 2005
Page 46 of 62
the White Lake Industrial Park and about 14 mile north of Interstate 75.
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19.
Please describe Exhibits ·'1" (i.e., location map, sketch and metes and bounds
legal description of the boundaries of District); and "3A -3C" (i.e., map of the
proposed stormwater sewer interceptors and outfalls, map of proposed water
mains and force mains, and the map of the existing infrastructure) of the
Petition.
Exhibit I shows the location of the COO Area within Collier County.
ExJlìbit 2 - is a sketch of the 287± acres, and describes lands to be included in City
Gate CDD.
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Exhibit 3A - 3C - are maps prepared by Butler Engineering, Inc. showing the mastL>r
water management plan, the conceptual master potablc water plan, and the
conceptual wastewater plan.
20.
Are the contents of the Petition and the exhibits attached to it true aDd correct
to tbe best of your knowledge as of the date your prepared testimoß)' ismed?
Yes.
Let me ask you a few questions about certain opInions )'OU may have based on your experience
with CDDs, civil engineering, real estate development, and t.he developnumt of lands witbin
(~Lty Gate COD in particular.
21. Based on your experience, do )'OU have an opinion as to wbether the proposed
City Gate COD is of sufficient size,sufficient compactness, and sufficient
oontiguit~, to be developed as 8. functionally interrelated community?
Yes.
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Agenda Item No. 8A
February 8, 2005
Page 47 of 62
What is your opinion?
Based Qn my previous experience and review of the Petition and ex.hibits thereto, the
proposed Cíty Gate CDD is of sufficient size, compactness and contìgu.ity to be
developed as: a. functional intcmlated community,
\\'hat is tbe basis for your opinion?
The project is compact with land use typìcal of a planned community. The
deveJopment of the land has been planned to be afunctional interrelated community.
Based on your expe.rieøce, do you ba"'e an opinion as to whetber Cit~· Gate CDn
is tbe best alternative available to provide communi!)' development services and
facilities to the area that win be served?
Yes.
What is your opinion and tbe basis for it?
City Gate CDD is the best alternative to provide community development fncilìties to
the area to he served. ..
Based on your experience, do y.ou have an opinion as to whether the services and
facilities to be pr.ovided by Clf}' Gate eDn wUl be compatible with tbe uses and
e.xisting l.ocal a.nd regional facUities and servic.es?
Yes.
\Vbat is your opinion. and the basis f.or it?
City Gnte CDD's facilities and services wìtl1in its boundaries wm not duplicate any
available regional services or tadlities within City Gate COD.
28.
Based .on y.ourexperienc:e, do y.ou have an opinion as to whether the area to be
induded within City Gate con is amenable t.o being served h}' a separate
special di.strid government?
Yes. I do~ It is my opinion that the area designated to be included in City Gate CDO
is amenable to continued existence as a sepamte special district government
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Agenda Item No. 8A
February 8, 2005
Page 48 of 62
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What is the basis for your opinions?
It 1$ clear that the lands in City Gate COD will continue to have the need for basic
in fTa..,ttructure.
The land area for City Gate COO has been evaluated for sufficiency of size~
compactness, and contiguity and meets those tests. Therefore, from a professional
management perspective, the area to be served by City Gate CDO is cle.1rly
amenable to separate special-distinct govemanœ.
The existing City Gate COO has the abíIîty to provide tàciJities and services to the
benefit of its owners and residents, and the size and compactness of the area will not
be inconsistent witn City Gate CDD's abiHt)' to provide those services.
30.
Turning now to the state and local comprehensh'e plan criteria of Section
190.005(t)(e)2., do you have an opinion as to whether the establishment of City
Gate CDD is Inconsistent with an)' appUcablcelement or portion of the State
Comprehensive Plan?
Yes.
Woat i.s )"our opinion?
II is my opinion thai the establishment of City Gate CDD is not inconsistent with any
applicable element or portion of the state comprehensive plan.
What is th.e basis for that opinion?
I have reviewed, from a planning perspective, the State Comprehensive Plan,
particularly those portions which relate to CDDs. The State of Florida
Comprehensive Plan (Chapter 187, Florida Statutes) "provides long·range policy
guidance tor the ordcdy social. economic, and physical growth of the state." FI'()ID a
planning perspective, four subjects, subject 15. 20, 25. and 17 of the State
Comprehensive Plan are relevant to the establishment of a CDD.
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Agenda Item No. 8A
February 8, 2005
Page 49 of 62
What is Subject IS and why is it rele'\'ant?
Subject 15, entitled Land Use, recognizes the importance of locating deyelopmetu in
areas that have the fiscal abilities and service capacity to accommodate growth. It is
relevant because CDDs are de.<rigned to provide infrastructure services and facilities
in a fisca.Hy responsible manner to the areas which can accommodate development
The establishment of City Gate CDD will not be inconsistent with this goal becau.o¡,;e
City Gate CDD will ha.ve the fiscal capability tC} provide the specified services and
1~cilities within its boundaries. The CDD area ìs current1y raw land without any
development. At this time. the landowners intend to fonn one CDD to provide the
COO area \\~th infrastructure and community services.
What is Subject 29 and why is it relevant?
Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan
provides that güvcmments shall cco!1muicaUy and efficiently provide the amount and
quality of services required by the public. The proposed City Gate CDO wi11 be
consistent with this element because the proposed City Gate COD will continue to;
(i) cooperate ,,,"ftb .other levels of Florida government;
(Îi) be established under unifonn general law standards a,<; specified in
Chapter 190, Florida Statutes;
(iii) be professionally managed, tinanced. and governed by those whose
property directly receives the benefits;
(iv) not burden the general tax.payer with costs f()r services or facilities
inside City Gate CDO; and
(v) plan and il11plem.ent cost efficíent solutions for the required pubHc
infrastructure and assure delivery of selected services to residents.
You also mentioned Subject 25. Wb.st is this and why is it relev3nt'!
This subject caJlstbr systematic planning cnpabílities to be integr..ued into aU levels
of govt..'111ment throughout the state,. with particular emphasis on improving
inlergo\'cmmental. c.oordination and maximizing citizen involvement. The proposed
City Gate CDD wi!! be consistent \1lÎth this clement of the State Comprehensjve Pian
because:
(i) the proposed City Gate CDD wí1l systematically plan tbr the
conStruction, operation and maintenance of the public irnprovements
and the community facilities authorized under Chapter 190. FI.orida
Statutes, subject to and not inconsistent witb the local government
compreht'11Sive plan and development rcgu!atìons;
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Agenda Item No. 8A
February 8, 2005
Page 50 of 62
(íì) City Gate CDD meetings are pubHcly advertised and are open to the
public so that aJI City Gate CDD property owners and residents can be
involved in pla.nning for improvements~
(iii) Section I 89.4 15, Florida Statutes, requires City Gate COO to file and
update public [acìlities reports with the County, which it may rely
upon in any revisions to the local comprehensive plan.
36.
Are there any other subjects within the State Comprehensive Plan which are
relevant?
Yes, Subje<.1: 17 entitled Public Facilities. The applicable goal and policies of Subject
17 relatc to (i) protecting investments in existing public facilities~ (ii) providing
financing 1br new tàcl1Üics. (iii) allocating the costs of Ue\o\' public tàcìlitíes on the
basis of the benefits Teœívcd by future residents; (iv} implementing innovatìve but
t1scaHy sound techniques for financing pub1ic facìlilie:s; and (v) identifying and using
stable reIt'cnuc sources for financing public facilities.
Do )'0U have an opinion., as someone with expertise in planning. as to ~Ihether
the establishm~nt of Cit}' Gate CnD is inconsistent with any applicable element
or portion of the Collier County Comprehensive Plan?
Yes.
What is that opinion?
The establishment of City Gate COD is not inconsistent wíth any applicable elern':nt
or portion of the Collier County Comprehensi ve Plan.
\Vhat is the basis for this opinion?
Chapter 190, Florida Statutes, prohibits any community development district cram
acting in a way inconsistent with the Jocal govemment'scomprehensive plan, and the
exercising of any power must be done with the C()mpreheosíve plan Ín mind. Thus,
any activities of the CDD must be in compliam."e with County procedures and the use
of those powers granted to the COD does not make it inconsistent with the local
Co1her County Comprehensive Plan. I have examined the Future Land U8'C Element
(FLUE) of the Collier County Plan and the proposed land uses within the proposed
CDD are consistent with the authorized uses contained in the FLUE
Does this conclude your testimon)'?
Yes.
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Agenda Item No. 8A
February 8, 2005
Page 51 of 62
I~EFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
~- j
STATE OF FLORIDA
COUNTY OF COLLIER
IN RE:
PETITION TO ESTABLISH TH":
CITY GATE COMMUNITY DEVELOPMENT
UISTRICT
.-
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AFFIDA VIT ADOPTING WRITTEN. PRE-FILED TESTIMONY
STATE OFFLORIOA
COI.JNTY OF COtUER
I.. Russ \Veyer. being first duly sworn. do hereby state for my afJ:idavit as IhlloVr1i:
I. I have personal knowledge ofthe matters set fortb in this affidavit
2. My name is Russ Weyer and I am employed as a Senior Associate with Fishkind
and Assodatcs, Inc.
3. The prepared, wril:tcn. pre-filed testimony, subm.itted under my name to CoHîer
County relating to the est.ablishment of City Gate Community Development District. and
attached hereto, is true and correct.
4. If 1 were a."ìked the questions contained in the prc-filed tcsiÌmony orany at the Cit)'
Gate Community Development Districl establishment bearing scheduled for February 8, 2005,
my oral ans\\'crs would be the same as the wrÎu(."t1 answers presented in my pre-tiled testimony.
Agenda Item No: 8A
February 8, 2005
Page 52 of 62
5. My pre-tiled teslimony generally addresses the economic factors considered in the
establishmcnt of the proposed City Gate Commw1Îty Dcvelopment District. the truth and
accuracy of the Petition to establish the proposed District, and the compliance of the Petition
\\>íth the tàctors to be considered in the establishment of a community development district
6. My testimony has been revised to correct minor typographical and è,rrammntical
errors.
Under penallics of perjury. I declare that J have read the foregoing and the facts aUeged
are true and correct to the best of my knowledge and belief.
Executed this '14t.. day of January, 2005.
c=
~Q
~ ~"íJ.
Russ Weyer
_.~
êr
2005.
SWORN '1'0 and SUBSCRIBED before me by the Affiant. on this 2 "¡r¡(1 day of January,
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Notary Public State of Florida
,_3Jl~.!.Ù..,__~. F2~,,~""Æ.g (/ !'{.._.....__
Name
Personally Knowl1 ..._....___
or /J' . ~"I d
Type ofidcntificatÎol1 produced aiJ¿:¿;-..:!'::::!-d ~/Fr¿rø
Agenda Item No, 8A
February 8, 2005
Page 53 of 62
TESTIMONY OF RUSS WEYER
1. Plcase state your uamcand business address.
My name is Russ Weyer. My business address is 14) 5 Panther Lane, Suite 248,
Naples, F¡orida 34109,
2.B)' whom arc )'OU emplo)'ed and in what capacity?
I am Senior Associate with Fishkind & Associates, Inc.
3. And what is the nature of your firm's busi.ncss·!
Fishkind & Associates. Inc. is an economic and financial consulting t1rm
headquartered in Orlando, Florida. The firm provides ~)ur general types of
services [0 its dients:
· Economic studies including market íeasibiiity research
· Quarterly economic foreca..<;ts for the U.S., Florida and its major metro areas
· Litigation support services including expert testimony .
· Financial Advisory services primarily for community development districts
("CDD")
4. Please describe your cll)erienœ and credentials, including your current
employ'ment?
( hold a M.RA in Finance and Real Estate and a B.A in Communicalions. My
real estate experience indudes 13 years in various markcting and P&L positions
\Vestinghouse Conununitics..lnc., in Naples, Florida. In !997. 1 became President
of the largest real estate dcvcloprnentcompany in Northwest Ohio. I then bl~ame
Vice President of Resort Operations at Lake (,.as Vegas in 1999. l,ake Las Vegas
is a 3.500~acre master planned community in Henderson, Nevada. In 2000, I
. moved back to Naples as President of Romanza Interior Design, a subsidiary of
London Bay Homes. I $tarted a real estate development consulting company in
2001 , consulting f{)f a number of major developers in the Southwest Flori<Ùi area,
In 2003, [ became Vice President of Development for JED of Southwest Florida,
a ma:jor commer,~ia.l real estate developer. Then in September. 2004, 1 joined
Fishkind & Associates as Senior Associate. At Fïshkind & Associates, I am
working 01) the fÖl111alÍon and management of ¡1 number of community
development districts around Florida in addition to working on a number of
projects both public and private sector that require economic and fiscal analysis.
Agenda Item No. 8A
February 8, 2005
Page 54 of 62
5. I}-Iease describe your educational background, with degrees earned, major
areas of study ,year of degree" and institutions attacbt'd.
In J 997. I obtained a Bachelor of Arts degree in Communications from Micbigan
State University in E..a....i Lansing, Michigan. Major areas of study included human
behavior research. leadership, persuasion and non-verbal communication.
In ¡ 993. I acquired a Mastcl1i in Business Administration from the University of
Miami. Coral Gables. Florida. My major areas of study were finance. real estate.
economics and business Jaw.
6. Do )'OU bold any profes.'liional designations or certifications?
Yes. I earned an Accredited Public Relations Professional with the Florida Public
Relations Association in 1989.
7. AI'c you a member of an:r professional associations?
Yes. I'm a fùU member or the Urban Land InslÏlule (ULI). a Washington, D.C.~
based not tor profit organization dedicated to providing responsible leadership in
the use of land in order to enhance the total environment. I am als.o the Chainnan
of ULI' s Southwest Florida District Council. which oversees aU U U a.ctivities ín
the five-county region of Charlotte, Collier Hendry. Glades and Lee.
8. Prior to ~'()ur current employment, by wbom were you employed and in wbat
position?
I wasemploycd by lED of Southw"est Florida, Inc., as Vice President of
Development. JED is a major Southwt.'St Florida commercial and residential
de ve10 p<.'1'.
9. Have )'OU previousl)' worked 1\'ith otber CDD petitions? Ha'\'e )'OU previousl)'
prepared at Statement of Estimated Regulatory Costs e~SERC")?
Yes. 1 have been involved with approximately 5 CDDs. and have prepared
Statements of Estimated Regulatory Costs.
10. Have )'OU ever becn qualified as an expert in the preparation of sucb
economic statements?
Yes. Most rccemly. I was $0 qualified in Ù1e fomlation of the Quarry CQlumunity
Development Disuict in Naples, Florida.
2
Agenda Item No. 8A
February 8, 2005
Page 55 of 62
11. 1)lease summarize your previous work experienee relating to CDns and
special districts in general.
I serve as financial advisor to :3 COOs and my firm is f"inancialAdvisor to over
50 CODs. As Financial Advisors to COOs. our finn has assisted clients in
successfully financing more than 100 transactions, raising almost $3-BiUion.
Also. \ve maintain the lien books and mc the tax roUs for 7 COOs and spedal
districts.
While \....ith Westinghouse. t served as a Board Member on the Baysiclc
Community Development District in Bonita Springs, Florida and was the
developer's representative in the fcmnation of the Pelican Marsh Community
Development District in Nuples. Florida.
Finally. I have quaUí1ed and given testimony as an expert witness involving
special assessmcn1.'i.
12. Where in Florida are tbe distrh;:ts with which you ha,'c \'mrked'!
Broward. Collier. and Lee Counties.
13. Please list tbe pro~(."Cdings in wb.ich you han~ been qualified as an expert
witness regardmg the estat.lisbment (including contractions or additions to)
of CODs, and tbe operation and management of CDDs.
I have qualified on more than 4 such occasions. The latest of these is related to
the Quarry COD in Naples, Florida and during the current formatiQn of the
MontcITu COD in Cooper City, Florida.
14. Do )'OU consider yourself an ex:pert in the operation and mana.gcment of
CDDs?
Yes.
15. Do you ~onsidcr )'ourself an e~pert in t~onomic analysis and forecasting in
gcncral.and regarding CODs?
Yes.
16. Are you familiar with the geographi~al areas. type.. and sc:ope of development
and the 8\'ailable servic~ and facUities within the City Gate CDD'~
Yes. I am faroìliar with the City Gale CDO al'ea. I am also famHiar with the type
and scope of development, and services and facilities available v.ithin the City
Gatc CDD.
....
-'
~~.~~--"_._-
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Agenda Item No. 8A
February 8, 2005
Page 56 of 62
17. Please describe your involvement with the Petition to establish (he
boundaries of the City (;ate CDD?
i draÜcd the Statement ()f Estimale<Ì Regulatory Cost (SERC), ßnd I have
providt..'<Í the CDD team with expert eDD consulting services involving the
formation of the City Gate COD.
18. Are you familiar with the Petition f"aJed to establish the Cit), (;ate cJ)n?
Yes.
19. Havc you l"C\'iewedrhe contents of the Petition and the exhibits'?
Yes.
20, Please generally describe each of the exhibits attacbed to the Petition.
Petition Exhibit "]" is a location map. sketch and ]egal description of the City
Gate COD.
Petition Exhibit .']" is a Consent of Property Owners.
Petition Exhibit "3"' indudes: (a) map of the proposed water management plan;
(b) map of conceptual potable ..vater: and (c) map of conceptual waste water plan.
Petition Exhibit "4" is the Master Site Plan for City Gate CDO.
Petition Exhibit "5" is the Statement of E~1imated Regulatory Costs.
2J. Are the contents of the Petition and the exhibits attached to it true and
correct to the best of your knowl.edge as of tbe date of your prepanod
testimon,y is filed?
Yes.
22. ''''hy is Cil)' Gatc COD petitioning for an ordinance to establish the Cit)'
Gate COD'!
The COD ProlJert)' is the best alternative available to deliver community
development services to the area to be served. The COD will provide a
govemmental entity to provide community services and facilities in a manner tbat
docs not financially impact persons residing outside the CDD, and will provide a
responsible perpetual entity capable of making reasonable provisions for
operation and maintenance of the CD[)' s services and facilities in the future. The
estahlishment of the eDD will prevent the genera! body of tax payeTS ìn Collier
Counfy Ii-om bearing the burden Ibr instaHation of the infTastTU("iure and the
4
Agenda Item No. 8A
February 8, 2005 _
Page 57 of 62
maintenance of the ah<)Ve-described facilities within the development
encompassed by the CD£), and will be compatible wilb the capacity and uses of
existing local and regionàl services and facìlities.
Let me ask )'ou a few que..~t:ions about certain opinions you may h8~'e based .on y.our
experience În CDD management, real estate development and the development or lands
within the Ci~' Gate enn in particular.
23. Based on your experience in CDO management, do ~'OU have an opinion as to
whether tbe proposed City Gate COD is of sufficient si1.e, suff"aeient
compactness, and sufficient ~ontiguit)' to' be developed as a fundionally
interrelated com mUDity'!
Yes.
24, What Îs )'our opinion?
Based on my previous experience and my review of the cxhíbits 10 tbe Petition.
the proposed City Gate CDD is of sufficicnt size, compactness and conti&,'Uity to
be developed as a functional interrelated community.
25. What is the basis for your opinion?
The project is compact with land use typical of a plannedcommuniry, The
deveJopment of the land has been planned to be a functional i.nterrelated
community.
26. Based on your experience, dO' you bave an opiniO'n as to wbether tbe Cll)'
Gate COO is: the best alternatì\'c available to provide community
development servi1:es and facilities 1.0 the remaining area. tha.t will be sernd?
Yes.
27. What is your opinion .and .'he basis for it'!
The City Gate enD is the best ahemative to provide community dc'\'c1opment
facilities to the area to be served, 'rh.is is true for the landowners and the
governmental entities for the following reasons:
From the perspective of current and future: property owners in Cily Gate CDD, the
COD is the best ahernative for providing community facilities. infrastructure. and
s.ervic.es. The land development envisioned for the area in the COO will require
substantial provision of infrastructure. facHitíes and services. The CDD is an
alternative method to provìde these necessary services. The COD can access the
tax-exempt publk capital markets and thereby fund these facilities and services at
a lower cost than the alternative of developer funding. Furthermore, unlike a
5
Agenda Item No. 8A
February 8, 2005
Page 58 of 62
homeovvners as.sociation (HOA). the- CDD has the power to asses..<; property and
collect those 3.')scssmenls along with other property taxes. "Therefore, a CDDcan
fund large capital improvement program:> that a '-lOA cannot
With regard to the operations and maintenance of community facìlities and
services, the CDO is also the best alternative. The CDD is preferable to an BOA
or property owners association to future hH1downcrs fÓr st.'veral reasons. Fir~t
unlike a BOA, the C )[) collects funds for operations and maintenance directly
from assessments collected along with all otht.'"f property taxes, a more assured
income stream. Unlike a ¡lOA. a CDD is a unit of local government and it must
hold its mectïngs in the sunshine and bid out its contracts. A eDD provides
control to the landowners much sooner in time than a BOA. A COD is focused
on pr01.'íding the community with services. facilities. and their maintenance in a
way the general purpose government. with iL<õ compcting interests and broad
responsibilities. is Hot. This le\'eI of local control serves the best interests of
property O\\11Crs in the CDD.
Frnm the perspective of the State of Florida.. Collier County, and the '\later
management district. a CDD is the best alternative for providing community
facilities and their opemtions and maimenance for a variety of reasons. First, as
noted above. compared to an £1OA, the CDD is a more pmvcrt'ul and more
responsive organiz.atÎon f()f providing and for maintaining infra..~tructurc and
serviccs. Second, \vith a CDD, the County \vould have to assume some
responsibility ()r construction. operations. and maintenance of commtmit)'
facilities and services. I:\'cn ir the County fonned a dependent district to provide
community facilities and services to the area to be served by tbe COD, and
charged appropriately for these services, the County would be enmeshed in the
responsibilities and in the management. Furthennore, without a CDD, the Coumy
cannot be assured that only residents of the area to be served by the CDO would
bear the fun costs of the needed facilities and services.
28. Based on your experience. do )'OU haye an opinion as to whether tbe scn'ices
and facilities to be provided by the Cit)' Gate COD wiIJ be compatible with
the u.ses and existing local and regiou.al facilities and sen'ices?
Yes.
29. What is }'our opinion and the basis fof' it?
The City Gale CDD's facilities and services within the boundaries will not
duplicate any available regional services or facilities within the City Gale COD.
'Ihe COD will provide infr'clstructure servÎces and facilities that do not overlap
with those provided by others and arc required under the development a&,'Tt."Cments
governing the property.
6
Agenda Item No. 8A
February 8, 2005
Page 59 of, 62
30. Based on your experien(~, do you bave an opiaioa as to whether the area to
be included within the Cit)' Gate COD is amenable to being sen'ed by a
separAte spceial district gonrnment?
Yes. I do. It is my opinion that the area designated to be included in the City Gate
CDD is amenable to exj~1ence as a separate special district government.
31. What is tile basis for your opinions?
it is clear that the lands in the City Gate COD \\111 continue to have the need tor
basic infrastru'-'1ure.
The land area tQr the City Gate eDD has previously been evaluated tbr
sufficiency of size, compactness. and con.tiguíty and meets those tests. 'rherefQre,
from a professional management perspective,. the area to be served by the
proposed boundaries of the City Gate CDD is clearly amenable to separate
special-distinct govcl11ance.
Tbc City (rdte ÇDD has been sh(,wn the ability to provide titciHties and services
to the benefit ofil<; owners and residents. and the 51l.é and oompactnL"Ss of the area
will not be inconsistent "áth the City Gate COD's capabìlít)' to provide those
services.
Turning to the economic: exhihits. and opiaion~ we will begin addressing portioas of the
Petition to Establish the Ci~' (;ate COD boundaries that relate to eertainceODomic analysis
matters, including the exhibits, and your expert opinions on economic an.alysis issues"
32. Are you familiar with Petiûon ExhibU"'S"'?
Yes. 1 am. h is the SERC (Statement of Regulatory Costs) required by Chapters
190 and 120, Florida Statutes.
33. HoW' are you famìliar with it?
1 prepared the SERC in accordance with the statutory requirenlcnts.
34. Are there any correction!! that need to be made?
No. This exhibil is true and correct.
35. In geael1ll tenns, please summarize the economic an,alysis you ba,'e
presented in the SERe.
First, the boundaries of eil)' Gute eDD will have no cost impa"~t on Stale, County,
or CÌly government beyond the processing of the Petition. '111C processing costs
are modest and wiHlargdy be offset by the filing fees charged for the formation
_.
7
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Agenda Item No. 8A
February 8, 2005
Page 60 of 62
of COOs. Second, the bowldaries wiU have no l1egative economic impact on
future residents of the COD. Third. the COD will not have any impact on small
businesses.
36. Please describe briefly the data and methodology you used in preparing the
SER.C and related analysis..
The data 101" the analysis came from the landowner, other experts working on the
Petition, and from the PelÌtion ítsclf. The l11ethodology is a standard economic
impact assessment.
37. Turning now to the state and local comprehensin plan criterÎa of Section
190.005(1)(e)2, do you have an opinion as to whether the establishment of the
City Gate CnD is inconsistent with any applicable element or portion of the
State Comprehensive J'lan'!
Yes.
38. What LIj: your opinion'!
It is my opinion that the establishmcnt of the City Gate CDD is not inconsistent
with any applicable dement or portion of the state comprehensive plan.
39. Wbat is the basis for that opinion?
I have reviewed. from a planning perspective, the State Comprehensive Plan,
particularly thogc portÍMS which relate to CDDs. The State of Florida
Comprehensive Plar\ (Chapter 187, florida Statutes) "provides long~range policy
guidance for the orderly social, economic, and physical gro\\1;h of the state."
From a planning pcrspective, (>ur subjects, subject 15,20.25. and 17 of the State
('omprehensivè Plan are reJevantto the establishment ofa COD.
40. What is Subject 15 and wb3t is it relevant?
Subject 15, entitled Land Use, recognizes the importa.nce of locating. development
in areas that have the fiscal abilities and service capacity to accommodate grO\~rth.
It is relevant because COOs arc designed to provide infrd51fucture services and
facilities in a fiscally responsible manner to the areas which can accommodate
developmem. The City Gate CDD ....'ill not be inconsistent with this goai beca.use
the City Gate COD will have the Jiscal capability hI provide the specified services
and facilities \vithin its boundaries. The proposed eDD is currently raw land
without any development, and the undeveloped land owned and/or to be acquired
by lhe dcve!opcr\\!ill be under thejuris.diction of tile City Gate COD.
8
Agenda Item No. 8A
February 8, 2005
Page 61 SJf 62
41. What is Subject 20 8.Dd 'Why is it relevaDt'?
Subject 20, entitled Govemlm.~111.a1 Efficiency of the State Comprehensive Plan.
provides that governments shall economically and efitdently pmvide the amount
and quality of services required by the public. The proposed City Gate CDD will
be consistent \\~th this element because the CDD wH1continue to:
(i) cooperate with other levels of" Florida government;
(ij) be established under uniform general law standards as specifìed in
Chapter 190, Florida Statutes;
(iii) be professionally managed, financed. and governed by those whose
property directly rect.·ives thebenefits~
(îv) not burden the general taxpayer with costs for services or làcilities
inside the City Gate COD: and
(v} plan and implememcost efficient solutions for the 'equired public
infrastructure and assure delivery of selccted servÎces to residents.
42. V ou also m.entioned Subject 25. What is tb.is and why is it relevant?
This subject cans for systematic planning capabiJitics to be integrated into aU
levels of government throughout the Sœte, \\olth particular emphasis. on improving
intergovernmental coordination and ma.ximiz.ing cìtizen involvement. The
proposed City Gate CDD wiU be consistent with this clement of the State
Comprehensive Plan because:
(i} the proposed City Gate CDD will systematically plan thr t.he
construction, operation and maintenance of the public
improvements and the community facilities authorized under
Chapter 190, Flor.ida Statutes. subject to and not inconsistent with
the local government comprehensive plan and development
regulations;
(ii) the City Gatc CDD's meeting.... wiH be publicly advertised and arc
open to the public so that all City Gate CDD property owners and
residents can be involved in planning for improvements;
(Hi) Section 189.4 ) 5. Florida Statutes, requires the Cil) Gute CDD to
me and update public facililies reports with the Count)'. which it
may rely upon in any revisions to the !ocal comprehensive plan.
9
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Agenda Item No. 8A
February 8, 2005 .
. Page 62 of 62
(iv) The City Gate CDD will be able to coordinate the provision of
acilities and services within the City Gate CDD.
43. Arc there any other subjects within the State. COml)rehensi\'e Plan which are
rerenDt'!
Yes. Subject 17 entitk-d Public Facìlitk'S. The applicable goal and policies of
Subjl.'Cl 17 relate to (i) protecting investments in existing public facilities; (ii)
providing financing f{)r new facilities, (îii) allocating the costs of new public
facilities on the basis of the benet1Lo;;. received by future residents; (iv)
implementing innovative ,but fiscally sound techniques for tinancing pub1ic
facilities: and (v) identifying and using stable revenue sources for financing
publk i1cíJitìes.
44. no you han an opinion, as someone with expertise in planning, as to whetber
tbe establisbment of the City (;atc CUD is inconsistent with any applicable
element or portion of the CoUier County Comprehensin Plan?
Yes.
45. What is thai opinion?
The establishment of the City Gate COD is not inconsistent with any applicable
element or portion of the CotHer County Comprehensive Plan.
46. Ooes this conclude your testímon}'?
Yes.
10
Agenda Item No. 9A
February 8, 2005
Page 1 of 35
...'_".
EXECUTIVE SUMMARY
REQUEST BOARD TO SET TIffi BALLOTING DATE FOR THE RECOMMENDATION OF
MEMBERS TO THE PELICAN BAY MSTBU ADVISORY COMMITTEE BY RECORD
TITLE OWNERS QF PROPERTY WITInN PELICAN BAY
OBJECTIVE: To set the balloting date for mail ballots for applicants seeking membership on
the Pelican Bay MSTBU Advisory Committee.
CONSIDERATIONS: This 11 member Advisory Committee was established by Ordinance
2002-27 as amended. The Division provides landscaping services, including all public road
maintenance and park areas, street lighting services, aquatic management services, beach
cleaning, and the Clam Bay Restoration Project. It is the Division's responsibility to provide the
framework of long-term community planning so that residents can enjoy the benefits of Pelican
Bay while ensuring both the social and financial well being of the Pelican Bay Community. A
list of the current membership is included in the backup.
The tenns for Glen D. Harrell (commercial/developer), Maurice James Burke (resident), George
H. Werner (resident), John Domenie (resident), and Christopher F. Sutphin (resident) will expire
on March 31,2005. A press release was issued and resumes were received from the following
interested citizens:
,,-
CATEGORY
DISTRICT
ELECTOR
APPUCANT
David J. Trecker - WITIIDREW Resident 2 Yes
John J. Boland Resident 2 Yes
Matthew William Mathias Commercial 4 Yes
John Domenie Resident 2 Yes
ChristOPher Sutphin Resident 2 Yes
Joan Sehdev Resident 2 Yes
Maurice James Burke Resident 2 Yes
Mary Anne Womble Resident 2 Yes
Harry L. Coburn Resident 2 Yes
Ordinance 2002-27 states that the Board of County Commissioners shall publish the list of
nominees and the positions on the Committee for which they have been nominated and deliver a
confonned copy to the Clerk of Courts. The Clerk shall cause the name of each nominee as
reported and published by the Board of County COInmissioners to be included on the mail ballot,
which ballot shall be mailed to all of the non-governmental property owners of the class (i.e.
"Residential or CommerciallBusiness/Other") corresponding with the class for which the
balloting is occurring ("Residential or Commercial/Business/Other") within the Unit no less than
thirty (30) days prior to the balloting date. Said balloting date being set by the Board of County
Commissioners.
THE BALLOTING DATE RECOMMEDED BY THE CLERK IS: MARCH 11, 200S
~~ nSCALIMPACT: NONE
,-'
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Agenda Item No. 9A
February 8, 2005
Page 2 of 35
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners set the balloting date as:
March 11,2005, and direct the County Attorney to prepare a resolution confirming the balloting
date.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: FEBRUARY 8, 2005
Agenda Item No. 9A
February 8,2005
Page 3 of 35
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
9A
Request Board to set the balloting date for the recommendation of members to the Pelican
Bay MSTBU Advisory Committee by record title owners of property within Pelican Bay.
2/8/20059:00:00 AM
Item Number
Item Summary
Date
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
1/12/20052:27:37 PM
BCC Office
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1/27/20053:59 PM
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·
Agenda Item No. 9A
February 8, 2005
- Page 4 of 35
Pelican Bay MSTBU Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. David A. Roellig 02110/98 01/29102 4 Years
6000 Pelican Bay Blvd., #204 594-2210 01/08/02 01/29106 4 Years
Naples, FL 34108
District: 4
Category: Resident/Engineer
Mr. David C. Nordhoff 03/25/03 03/31/07 4 Years
8420 Abbington Circle #Bl1 594-8420
Naples, FL 34108
District: 2
Category: Resident ~ r, "a-.\Á
02108194 o 1/29J98
Mr. G1en D. Harreß (-2 10' 598-1605 4 Years ./
5415 Tamiami Trail N. #320 01/08102 01129106 4 Years
Naples, FL 34108
District: 3
..-'"
C4tegory: CommerciaJlDeveloper
Mr. Maurice James Burke 05122101 01/29105 4 Years ./
5801 Glencove Drive, #508 598-3140
Naples, FL 34108
District: 2
Category: Resident
Mr. James A. Carro11 02/10/98 01/29/02 4 Years
8430 Abbington Circle, C-31 597-9767 01/08/02 01/29/06 4 Years
Naples, FL 34108
District: 2
Category: Resident/Engineer
Mr. George H. Werner 591-2171 02/02193 01/29/97 4 Years ./
1919 Trade Center Way, #2 566-3381 05/22/01 01/29/05 4 Years
Naples, FL 34109
District: 2
Category: ResidentlCAPB
...-'.
WedIIesdllY, AprU2J.. 2003 Pagelof3
Agenda Item No. 9A
February 8, 2005
. Page 5 of 35
...-" Pelican Bay MSTBU Advisory Committee
Name Work Phone Appt1d Exp. Date Term
Home Phone DateRe-appt lndExpDate 111d Term
Mr. Donald Spanier 04/22/03 03/31107 4 Years
812 Pitchapple Lane 594-2851
Naples, FL 3410·8
District: 2
Category: Resident
Mr. John Domenie OS/22/01 01/29/05 4 Years t./'
801 Knollwood Court 566-3179
Naples, FL 34108
District: 2
Category: Resident
Mr. John Iaizzo 03/25/03 03/31/07 4 Years
6573 Marissa Loop, #1902 592-0678
Naples. FL 34108
District: 2
,- ..r--- Category: Resident
Mr. Ed Staros 598-6626 06/25/02 01/20/06 4 Years
753 Brentwood Point 596-4561
Naples, FL 34110
District: 2
Category: Commercial
Mr. Christopher F. Sutphin OS/22/01 01129105 4 Years ./
8720 Bay Colony Drive, #104 596-1351
Naples, FL 34108
District: 2
Category: Resident
"(,--.
Wednøday, April 23, 2003
Pagt!-2of3
Agenda Item No. 9A
_ February 8, 2005
Page 6 of 35
U1
Pelican Bay MSTBU Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRlHZppt 2ndExpDate 2nd Term
This 15 member committee was created by Ord. No. 90-111 and amended by Ord. No. 91-22
and 93-15 to aid and assist the County manager and the Board of County Commissioners in
detennining the need and quantity of extraordinary law enforcement in Pelican Bay. Also to
aid, assist, and provide input to the County Manager and the Board in effecting a smooth and
expeditious transfer of street lighting, water management and beautification services,
responsibilities and obligations from the Pelican Bay Improvement District. On 11/3198 the
Bee reduced the membership from 15 to 13 members. Tams are 4 years. On April 11. 2000,
the BCe adopted Ord. No. 2000-22 reducing the membership from 13 members to 11
members.
On 5128102 the BCe adopted Ord. 2002-27 establishing the 11 member committee.
Membership shall be 9 representative of the residential interests within the Unit and 2 shall be
representative of the commeraal & business interests within the unit.
Tenns will expire on March 31
Jay Cross. Executive Assistant to Clerk 732-2725
.-,- FL STAT 125.01
Stllffi Jim Ward. Pelican Bay Services Division: 597-1749
;;-r·
Wednesday, April 23, 2003
Page3of3
Agenda Item No. 9A
February 8, 2005
Page 7 of 35
MEMORANDUM
DATE: January 10, 2005
FROM: Sue Fi1so~ Executive Manag
Board of County Commission
.J
TO:' Elections Office
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
A1so, please list the commission district in which each applicant resides.
PELICAN BAY MSTBU ADV COMM
COMMISSION DISTRICT
-
Maurice James Burke
5801 Glencove Boulevard, #508
Naples, FL 34108
eX
eX
if
01
eX
~
a
~-
David J. Trecker
6825 Grenadier Boulevard, # 1902
Naples, FL 34108
John J. Boland
8420 Abbington Circle - B-15
Naples, FL 34108
Matthew Wtlliam Mathias
2025 Merlin Court
Naples, FL 34105
John Domenie
749 Bentwater Circle, #201
Naples, FL 34108
Christopher Sutphin
8720 Bay Colony Drive, # 1 04
Naples,FL 34108
Joan Sehdev
809 Pine Creek Lane
Naples, FL 34108
..
- ~ """""""""--' ...
..., ......
Mary Anne Womble
816 Kingbird Court
Naples, FL 34108
Harry L. Coburn
7515 Pelican Bay Boulevard, #5B
Naples, FL 34108
Thank you for your help.
;{
v1
..I ___
Agenda Item No. 9A
February 8, 2005
Page 8 of 35
Agenda Item No. 9A
February 8. 2005
Page 9 of 35
MEMORANDUM
DATE:
January 10, 2005
TO:
Dwight Brock, Clerk of Court
Jay Cross, Executive Assistantaro 1
Sue Filson, Executive Manager ,
Board of County Commission "'
FROM:
RE:
Pelican Bay MSTBU Advisory Committee
As you know, we currently have 5 vacancies (4 representing Residential and 1 representing
Commercial) on the above-referenced advisory committee. A press release was issued requesting
citizens interested in serving on this committee to submit a resume for consideration. I have attached
the resumes received for your review as follows:
David 1. Trecker - RESIDENT
6825 Grenadier Boulevard, # 1902
Naples, FL 34108
John J. Boland - RESIDENT
8420 Abbington Circle - B-15
Naples, FL 34108
Matthew William Mathias - COMMERCIAL
2025 Merlin Court
Naples, FL 34105
John Domenie - RESIDENT
749 Bentwater Circle, #201
Naples, FL 34108
Christopher Sutphin - RESIDENT
8720 Bay Colony Drive, #104
Nap1es,FL 34108
Joan Sehdev - RESIDENT
809 Pine Creek Lane
Naples, FL 34108
Maurice James Burke - RESIDENT
5801 Glencove Boulevard, #508
Naples, FL 34108
Agenda Item No. 9A
February 8, 2005
Page 10 of 35
Mary Anne Womble - RESIDENT
816 Kingbird Court
Naples, FL 34108
Harry L. Cobmn - RESIDENT
7515 Pelican Bay Boulevard, #5B .
Naples, FL 34108
Please let me know, in writing, the recommendation for appointment of the advisory conmúttee, and
I will prepare an executive summary for the Board's consideration. If you have any questions, please
call me at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
Agenda Item No. 9A
February 8, 2005
Page 11 of 35
- filson s
-
From:
Sent:
To:
Subject:
DAVID TRECKER [djtrecker@snet.net]
Monday, January 17, 20052:36 PM
filson s
. Pelicãn Bay MSTBU Advisory Board
Dear Ms. Filson:
I recently submitted my name for nomination to the
Pelican Bay MSTBO Advisory Board.
I now find that, because of inconsistencies and a
possible conflict of interest with my role as head of
the effort to annex Pelican Bay to the City of Naples,
I must remove my name from consideration.
Accordingly, please strike my name from the list of
nominees.
I hope that this has not caused you any inconvenience.
Yours truly,
Dave Trecker
1
12/28/2004 13:12 FAX 9417743602
Bce
III 001
Agenda Item No. 9A
February 8, 2005
Page 12 of35
Appli~atioD for Advisory CommitteesIBoards
,.
aì&r CoJmty
'P~~ ~
Board of Couat)' eo........,
3301 lat T8IIÙIII8Ì TraD
N."cs, JL 3411.%
(239) 774-8097
Pax: (239) 774-Ue2
beard or CGIIIUaiUcc?
~ -":
Ed.eltioa:
E
".........., ~~"'f"''''''' nø w&t&IIor IIitMI¡ h~." ,..... EJlIOIIIK....,.,....
---.,CIlflllf1 C' ...", tJ....... J.rfl EM' r..-., n.øtN~ n J~lJ2. 1f,.,.....1ic-~,.,"TF1 ~1ÛII.(2;Ø.m·,..._.h,..r-
..._.,~...._.- n..,...r-........ - ~._..___"'c.IIIw~
Agenda Item No. 9A
February 8, 2005
Page 13 of 35
-
DAVID J. TRECKER
Personal
Age 68
Married (45 years).. with three children & four grandchildren
Resident of Naples, FL
Education
A.B. Ripon College (phi Beta Kappa) -1958
M.S. in organic chemistry, University of Chicago - 1960
Ph.D. in organic chemistry, University of Chicago - 1962
Professional Career
Union Carbide, 1962-1973
Research Scientist & Technology Man~ger
pfizer, 1973-1998
Director, Vice President., then Senior Vice President
in Central Research
Responsible for research for Chemical Division., resulting in
introduction of over 30 new products and processes
Member of the Executive Committees of Central Research
and the Chemical Division
Community Activities
Pelican Bay Foundation - Board of Directors (2001..,2004)
Chairman of the Board (2002-2004)
. Naples Better Government Committee (2004 - )
St. Pierre Condominium - Numerous committees
Republican Men's Club of Collier Cty. - Board of Directors (2004 - )
Old Lyme Country Club - Board of Directors (2003 - )
1-
Agenda Item No. 9A
. February 8, 2005
Page 14 of 35
RECEIVED
""~>" . NíJO'·
' p.. !' ., 1 .~ 1..
1..41-\.r ~,: ì (.. c.
fioaro of County ComliJj$$ iJner)
6825 Grenadier Blvd., #1902
Naples, FL 34108
December 29, 2004
Ms. Sue Filson, Executive Mgr.
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Dear Ms. Filson:
I wish to be a candidate for the Pelican Bay MSTBU Advisory Board.
As past Chainnan of the Pelican Bay F01.mdation, I have a good bit of
relevant experience and considerable knowledge of the work:ings of Pelican
Bay.
My application form· and resume are enclosed. Please let me know if you
need additional information.
¡.or very truly,
èI~~
David J. Trecker
Agenda Item No. 9A
. February 8, 2005
Page 15 of 35
.ilson_s
~es:ti fn.t
. rom: advisoryboards@col6ergov.net
Sent: Wednesday, December 29,20044:58 PM
To: ftlson_s
Subject: New qn-line Advisory Board Application Subnitted.
~~,,~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (231) 774-3802
Fax: (239)774-3802
A.-tþl .~.I
/"'. # "
. -'. ..,.
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December 29,2004
Application for Advisory Committees I Boards
Name: JOHN J. BOI.Þ.ND Home Phone: 239-594-0131
Home Address: 8420 ABBINGTON CIRCLE - B-15
City: NAPLES Zip Code: 34108
Fax Number: 239-594-1695 Business Phone: No information provided.
Ernail Address: JOHNSUSANBOLAND@AOL. COM
Place of Employment: RETIRED FROM GENERAL MOTORS
How long have you lived In Collier County? 10-15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in bollier County? Yes
Board / Committee Applied for: PB SERVICES DIVISION
Category: (if applicable) No information provided. R~5~:.ey1-r
Do you currently hold public ofIIce? No
12/30/2004
Agenda Item No. 9A
February 8, 2005
Page 16 of 35
Do you now serve. or have you served on a No
Collier County board or committee?
Please list your community activities:
PELICAN BAY PROPERlY OVVNERS BOARD-
. DIRECTOR PELICAN BAY FOUNDATION NOMINATING
COMMITTEE PELICAN BAY TENNIS ADVISORY
COMMITTEE CHAIRMAN PELICAN BAY FOUNDATION
BUDGET COMMITTEE PELICAN BAY SPECIAL STUDY
FOR RESTAURANTS PELICAN BAY ST. KITTS
CONDOMINIUM BOARD-VICE PRESIDENT
Education:
MBA - FORHAM UNIVERSITY BS - MANHATTEN
COllEGE
Experience I Background:
SPECIAl ASSISTANT TO EVP OF INSURANCE
SUBSIDIARY OF GENERAL MOTORS OPERATIONS
DIRECTOR FOR INFORMATION TECHNOLOGY FOR
INSURANCE CORP. SYSTEMS ANALYST
12/30/2004
Agenda Item No. 9A
. February 8, 2005
Page 17 of 35
tilson_s
. Dm: advisoryboards@colliergov.net
Sent: Wednesday, December 29. 200412:07 PM
To: filson_s
Subject: 'New Qn-Une Advisory Board Application Submitted.
~~
Board of County Commissioners
3301 East Tamiaml Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3802
J-t]~·I.
.". fit',
'. '
. . :; .
'~"'j~,~ "¡
December 29, 2004
Application for Advisory Committees I Boards
Name: Matthew William Mathias Home Phone: 239-263-9503
Home Address: 2025 Merlin Court
City: Naples Zip Code: 34105
Fax Number. 239-598-7598 Business Phone: 239-598-7541
Email Address:mattmathias@msn.com
Place of Employment: Wachovia Bank, NA
How long have you lived in Collier County? 10-15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes.
Board I Committee Applied for: Pelican Bay MSTBU Advisory
Committee
Category: (if applicable) "Commerciar' category
Do you currently hold public office? No
12/29/2004
.....----
Agenda Item No. 9A
. February 8, 2005
Page 18 of 35
Do you now serve, or have you served on a No
Collier County board or committee?
Please list your community activities:
Boys & Girls Club of Collier County - Vice President of
Financial Services Take Stock in Children - mentor and
Chairman of scholarship selection ctee Rotary
International- member at large Masonic Lodge - member
at large Scottish Rite - member at large Shrine Temple-
member at large Honorable Order of Kentucky Colonels _
member at large
Education:
Bachelors of Science Degree in Business Administration
with dual major in Finance and Mufi-national Business
Experience/Backg~nd:
12+ years in Collier County with Wachovia Bank - formerly
First Union Past Secretary, past membership chair, past
Vice President and Past President of the Naples Gulf
Shore Rotary Club Past Treasurer and current VP of
Financial Services, on the Executive Committee and the
Board for the Boys & Girls Club of CC Asked to participate
on the "Financial Partners" committee for the Collier
County Community Foundation
12/29/2004
Agenda Item No. 9A
. February 8, 2005
Page 19 of 35
MAIDA AND JOHN DOMENIE
749 BENTWATER CIRCLE #201 DEt 2 Q 200~
NAPLES, Fl34108-6762
. 239-566-3179 ~\)ôf(j, ;J ;:,j\)\\Cj.,H" \ \ s~ I O\\l;;r~
iohandomenie@aol.com
RECEPJEO
~
Friday, December 17, 2004
Ms Sue Filson
Executive Manager
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Dear Ms Filson:
I am pleased to attach my application for a position to the
Advisory Board of the Pelican Bay Services Division - a
position to which I was appointed by the Board of County
Commissioners 3-1/2 years ago.
Please let me know should you require any further data to
lete my application.
Via FAX - attachln9 three Dag.. - originals in the mall
12/13/2004 16:50 FAX 9417743802
Bce
Ill-O 0 1
Agenda Item No. 9A
February 8, 2005
Page 20 of 35
Applica,tioD for Advisor.y.~ommitteeslBoards
JJuant ~ COIIIdy CH..mUÞWen
330] :r.ut Taaaiari TJ2iJ
N.,a, 1'L_11
(239) 17.....".,
1M: (239) '77~
p
Plaltlilt
"Lilt ~ -~~
Edac~:
T
~........, _ß~ ~iIr r-"'" ---.fMl"""'" :rw..w" .-.......",..".,..".....d.,.............,.,...
....1I{'c...c,C-...fu· lJ I.BøElwT___7'hCMpW.nJ41'z.I/:r-....~~wM ß " 2Ø)fU.JIrÐ_
""'111 ......,.NtóiIoo~._. 'J'iøÆ,.,,¡-.r r........ _* ~ flffc...r~.
Agenda Item No. 9A
. February 8, 2005
Page 21 of 35
,~
JOHAN (JOHN) DOMENIE
749 BENTWATER CIRCLE, UNIT #201
NAPLES, FL 34108-6762
TEL: (239) 566 3179
FAX: (239) 566-8179
E~MAIL ADDRESS: johandomenie@aot.com
(Please note that my !mml name as it appears on my birth certificate,
passpo~ driver's license, voter registration, ete is JOHAN Domenie, but
that since the 1960's I have been known as JOHN Domenie. My present
position on the Pelican Bay Services Division Board is shown as JOHN
Domenie)
APPLYING FOR A POSITION ON THE PELICAN BAY SERVICES DIVISION
ADVISORY BOARD
I HAVE BEEN A FULL TIME LEGAL RESIDENT OF NAPLES SINCE
OCTOBER 1987. FOR THE FIRST 14 YEARS WE LIVED HERE IN PELICAN
BAY IN A PRIVATE RESIDENCE LOCATED AT 801 KNOLLWOOD COURT.
WE ARE NOW LIVING AT 749 BENTWATER CIRCLE (APT #201) IN THE
BREAKWATER CONDOMINIUM ASSOCIATION, ALSO IN PELICAN BAY.
WE OWNED A BUSINESS HERE IN NAPLES UNTIL 1994 WHEN WE SOLD
OUT AND I RETIRED.
IN THE PAST I HAVE BEEN JUNIOR WARDEN AND THEN TREASURER AT
ST. JOHN'S EPISCOPAL CHURCH LOCATED ON CRAYTON ROAD;
A MEMBER OF THE BOARD OF THE PELICAN BAY PROPERTY OWNERS'
ASSOCIATION; A MEMBER OF BOARD OF THE MANGROVE ACTION
GROUP; MEMBER OF THE BOARD OF THE ST TROPEZ CONDOMINIUM
ASSOCIATION; AND SECRETARY THEN TREASURER OF THE ARMENIAN
AMERICAN CULTURAL SOCIETY .
PRESENTLY I HOLD THE FOLLOWING POSITIONS:
MEMBER OF THE ADVISORY BOARD OF THE PELICAN BAY SERVICES
DIVISION, AND ITS CLAM BAY SUB-COMMITTEE;
ex-QFFICIO MEMBER OF THE MANGROVE ACTION GROUP;
MEMBER OF THE BOARD OF THE BREAKWATER CONDOMINIUM
ASSOCIATION, AND ITS FINANCE SUB-COMMITTEE;
CO-CAPTAIN OF THE COMMUNITY EMERGENCY RESPONSE TEAM IN
PELICAN BAY (TEAM FOXTROT) - UNDER THE NORTH NAPLES FIRE
DEPARTMENT;
Agenda Item No. 9A
February 8, 2005
Page 22 of 35
PRESIDENT OF THE ARMENIAN-AMERICAN CULTURAL SOCIETY:
VOLUNTEER IN S.O.S. (SERVING OUR SENIORS);
AUDITOR FOR THE ARMENIAN ORTHODOX CHURCH IN HOllYWOOD.
FL.
EDUCATION: HARVARD 1950 - B.A. - ECONOMICS
EXPERIENCE/BACKGROUND - BASICAllY INTERNATIONAL FINANCE.
BORN IN BRAZil OF DUTCH PARENTS; HARVARD 1950; U.S. ARMY
INTELLIGENCE 1951-1953; EVENTUAllY ASST TREASURER ATLANTIC
REFINING. BRAZIL; AVP WEllS FARGO BANK INTERNATIONAL, NY; 1ST
VP BAYERISCHE HYPOTHEKEN UND WECHSEl BANK. NY; 1987-1994
OWNER/MANAGER THE IMAGE BANK. NAPLES.
---- . ..__...~
Agenda Item No. 9A
. February 8, 2005
Page 23 of 35
.ilson_s
""Om: advisoryboa!"dsOcolHergov.net
.Ant: Monday, December 20,2004 8:14 AM
To: filson_s
Subject: New qn-tine Advisory Board Application submitted.
~~
Board of County Commissioners
3301 East Tamiami Trail
Naples. FL 34112
Tel: (239) 774-3802
Fax: (239) 774-3102
,~t~?
~r;
December 20, 2004
Application for Advisory Committees J Boards
Name: Christopher Sutphin Home Phone: 239-596-1351
Home Address: 8720 Bay Colony Drive 104
City: Naples Zip Code: 34108
Fax Number. 239-596-1353 Business Phone: 239-596-1351
Email Address:chris@cfsbbs.com
Place of Employment: Retired
How long have you lived in Collier County? 5-10 years
Have you ever been convicted of any offense against the law? Yes
If yes, explain:
Minor trafic violations
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Pelican Bay MSTBU Advisory
Committee
Category: (if applicable) MSTBU A. e.sJ~I1-t
12/20/2004
Agenda Item No. 9A
_ February 8, 2005
Page 24 of 35
Do you currently hold public office? No
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
Pelican Bay MSTBU Advisory Committee - member since
2001. Currently Vice Chairman and Chairman, Budget
Sub..comm ittee
Please list your community activities:
Penn National Homeowners Association, Fayetteville, PA
- President Mansion La Palma Condominium Association _
Director
Education:
BS(Bus) - University of Idaho, 1957 Post Graduate
courses - University of New Hampshire
Experience I Background:
32 years in the exectronics industry, 27 of which were with
General Instrument Corporation. Retired in 1991 as
President, Power Semiconductors. Extensive international
experience including directorships of foreign subsidiary
corporations. Commissioned in US Navy in 1957.
Currently LCDR, USNR (RET).
12120/2004
Agenda Item No. 9A
. February 8, 2005
Page 25 of 35
.-
RECEfVED
NOV 1 0 2004
.809 PINE CREEK LAND B.oard of Count] COflll.fsS OIl~"S
NAPLES FLORIDA 34108
Ms. Sue Filso~
Executive Manager to the Board of County Commissoners
3301 East Tamiami Trail
Naples Florida 34112
November 9.2004
Dear Ms Filson:
I am enclosing an application with an attachment for an advisory board position on the
Pelican Bay Services Division.
.,-
If further information is required prior to consideration of this application, I would
appreciate if you would contact me on my business phone. the number is noted on this
application.
Sincerely yO,
Çr~~
Jl~hdev
Advisory Board Application
Càffiergov.net
------'~-~-
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February 8, 2005
Page 26 of 35
~...¡,:;:;;.;..
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I TIlp!O}(,(,
Advisory Board Application
Please fill out the following form to apply for a Collier County Board I Committee. Once you
have filled out all of the necessary fields click the (X)Otinue button below.
1 Emer Infonnation 3. Print Information
Name:
Joan Sehdev
. .._-, ---.
Please type your name as it appears on your voters registration
Home Add,...:
809 Pine Creek Lane
City:
Naples
Zip Code:
34108
Home Phone:
23Ct-593-3913
Ex 239-555-5555
Busfneu Phone:
785-554-5626
Ex. 239-555-5555
Fax:
Ex. 239-555-5555
Important: In order to recieve a copy of your application you must enter a vaHd E-mail
address.
E-mail Address:
jsehdeV@aol.com
Bowd or CommItaN Applied for:
Pelican Bay Services Division
Ca~ry("~):
I<e 5 i Cf'-en-t
Example: Commission District. Developer
Environmentalist, Citizen At-Large. etc.
Are you . Ngistered voter in Collier County?
~ No
Do you cUmÞntIy hold public office?
Yes Q!)
If yes, what office do you hold?
Do you now serve, or have you ever served on a Collier County board or comm....
Yes @
http://colliergov.netJbcc/advisoryboardlindex.cfm
11/9/2004
Advisory Board Application
Agen¡&~Jr!1t.ÎgA
February 8, 2005
Page 27 of 35
/-----
If yes, please list the boards I committees:
Ptease list your communlly lldiwiMs and )OIIitIoM held:
Please see attaclied ftst
Example: Civic clubs, neighborhood associations. etc.
Education:
BA BIology. Reed College. Oregon
M.D. Universly of BrIIsh Columbia. Canada
Board Certified In Family Practice
Fellow American College of Family Physicians
Experience I Bllckground:
Homeowner in Pelican Bay since 1998
Florida I'8Sident and registered voter
Married. Mother of three grown children
Primary care physici8n for 41 years. beth In solo and group practICe
Active in community affairs a.m the medical community
Active In hørneOwneI'S asociationS in Pelican Bay, Oakmont and Lake
of the Ozarks. MissoUri
EmaY to Sue Flleon Reset
If you have any questions regarding this application please contad Sue Filson, Executive
Manager to the Board of County Commissioners, at (239) 774-8097 or email to
suefitson@colliergov.net
If necessary you may download a hard copy of this application and submit to Sue Filson at
Sue Filson, ExecutIve Manager to the Board of County Commissoners
3301 East Tamiami Trail
Naples, FL 34112
You may alsO fax your appHcation to (239) 774-3602.
Home I Jobs I Using Our Site I Contact Us I Disclaimer I Privacy
ContaCt the webmaster for technical questions aboUt ourweb sIIB.
Copyright C 2000 - 2004 Coller County Government. All Rights Reserved.
Usage Is lIcenSed under Ö'le 1IInnS of the GNU PubliC License. Any oller usage is strIdIy prohibitBd.
http://colliergov.netlbccladvisoryboardlindex.cfm
11/912004
---
Agenda Item No. 9A
. February 8. 2005
Page 28 of 35
JOAN SEHDEV M.D.
809 PINE CREEK LANE
NAPLES FLORIDA 34108
Board of Directors:
1. American Investors Life Insurance Company
2. Tope~l00d Bank
3. Saint Francis Hospital. Topeka Kansas
-- and past president of the medical staff
4. Stonnont Vail Hospital, Topeka. Kansas
- and past president of the medical staff
5. Memorial Hospital, Topeka Kansas
- and past president of the medical staff
6. Shawnee County Medical Society, Topeka Kansas
- and past president
7. Topeka Civic Theatre
8. Lady Luck Investment Club
- and past president of the club
9. Port Velero Home Owners Association, Lake of the Ozarks, Missouri
COMMITTEES:
1. Kansas Medical Society - Legislative Committee
2. Golden City Forum, Topeka Kansas
3. Pelican Bay Women's League
4. Oakmont Homeowners Association
..JAH-ø5-ø5 12: 1212 PM MATTHEW BURKE STEAMAT I C6 1 -,41 4-,8 12~enda Item NCP.~Ål1
. February 8, 2005
Page 29 of 35
..-
FAX fAX FAX
01/05/05
TO: Ms. Sue Filson, Executive Manager. Board of county Commissoners
FROM: Jim Burke. Pelican Bay
RE: Application for Advisory CommiUeeIRoatds
Sue, attached is my application for reappointment to the PeHcan Bay MSTBU advisory
committee. If you need additional information please contact me at:
TEL: 239 5983140
CELL: 239 2738102
EMAII.:lheriehlpcrsop@msn.com
Many lhatlks.
Page 1 of2
.~
.. ;,:;;';':'. &.
-."---.
JAN-05-05 12: 02 PM MATTHEW BURKE STEAM AT I C6 1 941 498 12~enda Item NcP.9A'2
February 8, 2005
Page 30 of 35
Board of County Commissioners
330] E:.st TalDlami T"ail
N¡aplcs, t'L 34112
(239) 774-8097
Fax: (2.19) 774-3602
Application for Advisory CommitteeslBoards
Narne: /YlAU(¿I'ClI 1hMJ' ßuR..ée (-..fìm) Homt:PhoDe:d.::¡tJ.S-r~ 3/'fð
Home Addr~ss: $'""8'iJ' a 11M ~ !J.Vf). If' ro¡- ~ ï'..ip Code: 3'1 I D ~
Fax So, - . R··~!i.~v.....l?i 2.7J fICJZ-e,.mall addrcss:ìNE ~/{"//f'P'"W1IÇ)Ih$"P~
Place of F.mPluyccmcnt:-J2g.T~('¿~ b
Board orCommittc'~ Applied for:2-l.. U(A VJ 1St If 1\'\ ~TeL.l11 fJVI ~f<.t COlWfffl7Té£
Catea:ory (ifapplicab1L-): ¡¿ p ~rde nt.
E.u.mJ1'(': C:ommlçslÐn Dlslri~t., o..~'t'lo K"r, t'nvl....nm.nl.lbt. III~ p~·nIO.. rt...
How 10Dr; bave yoo 1I~'ea in Collier Couut}·: Yean;
~ ~onlhs ç
X !\o
Arc yoo a reeisler..'" votcr in Collier (:o~nl)': Yes
Do you currently hold A~~blic office? Ye5 ;x.
If so. what I~ Ihal omi"ç!~ LIlA YJ &11 .u $TA U
So
A bv IS~V eo.." Jilt ITTtz.
Have you ever becn convicted of any offense against tbe Law?
If )'es, explain: _..
Yes_.
No
x
Do you now "I'Ye, or ha,'c yuu e..,'u s~rv~d,
Jr y~. pJCltlit Iwe Ih" t'omm1ttees/boards:
~\ I ç
Educatiuo:..B. ç. ..( uð(,f~mil(L ~W1on<;- ~ ~t>I((J{G>LLlCp I ~(C(Ct ,0 r
CI (g~m
-_._--
Plu$If lltIø"II ."J' ,,,ltli,/o...1 i"lormtlfiutr J'ØU ft('/ þrrtiM"I. Tlaii tlppli('tfl/øn .'Dldtl br I~l'i/ I. SJlC' ru,.., E.~C't1I"W .V"n",,., 10
· 1IH", Uj'CøulfV c.,IfI"dWDI!i'#'$, .f.f'" F....fl TI1.",ÜI",¡ TI'40, ...111'1".... FL J<I, 1 Z. 1J)'tI" wixh.plrIIU' flU: J'Øur qplic.tiøa t.
":J~) '''J...fU' ,.,. ('0."''';'''' "_fi w",('¡¡~I,.",..,_,.,.,. T......~ J'''' 10' ""I"'''N';''I: 10 IH"rYr ,hr dlÍ;rrrs "IC..nlrr ('_nl,',
......
..TAN-20-0~ 06 :31 PM MATTHEW :BURKE STEAMATIC6 1 <¡jI41 4<¡;18 12hgenda Item No.19à02
February 8, 2005
Page 31 of 35
.-
CANDIDATE INFORMATiON SHEET
.Jim Burke
SlOt Glencove Drive, Unit 508
Naples. FL 34108
COMMUNITY ACTIVITn;S:
* Pelican Bay MSTBU Board Member, 4 years
_ Claairman, Clam Bay Sub-Committee
. Glencove Condominium AssociatioD
_ Board Member - 4 years
- Board Preslent - 2 years
. Knights of Columbus - St William Council (positions held)
- Deputy Grand Knight
- Membership Director
- Youth Director
* Collier Harvest Volunteer
* Habitat for Humanity Volunteer
EDUCATION:
· B.S. Industria} Relations, LeMoYDe Conege, Syracuse, NY
¡'XPERl¡:NCE:
· Management Positions with Procter & Gamble
· Executive Positions with:
Holiday Hotel Corp
PromusHotel Corp
.. Founder/President of Business Development Consulting Company
. Chamber of Commerce - Memphis, TN
_ Director - Small Business Council
01120/05
,-
Agenda Item No. 9A
. February 8, 2005
Page 32 of 35
. filson_s
.)m: advisoryboardS@coIHergoY.net
Sent: Wednesday, January 05, 20056:15 PM
To: filson_s
Subject: New On-Une Advisory Board Application Subrritted.
~
Board of County Comm issioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774h3602
A.-t~: i..~
..-A\ ~ "
.. .
- .'
f( .< ¡ -)
January 05, 2005
Application for Advisory Committees I Boards
Name: Mary Anne Womble Home Phone: 239-597 -8224
Home Address: 816 Kingbird Court
City: Naples Zip Code: 34108
Fax Number: No information provided. Business Phone: No information provided.
Email Address:Teedup1@aol.com
Place of Employment:· No information provided.
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Pelican Bay Services Division Board
Category: (if applicable) Citizen-At-Large
Do you currently hold public office? No
1/6/2005
Agenda Item No. 9A
. February 8. 2005
Page 33 of 35
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I convnittees:
Chairman of Teacher Education Council for Collier County
Please list your community activities:
Member of Pelican Bay Chair of PACI Barron Collier High
School Teacher Consult to Sea Gate Elementary School
P.T.C. Chair of Interview and Principal Appointment
Committee/Barron Collier H.S. Member of The Club
Pelican Bay
Education:
Undergraduate: Centre College of Kentucky - B. A. -
Elementary Education Graduate: West Virginia University
_ M. A. -Elementary Education University of Miami work on
Ph.D. in Communication Certification in Gifted Education
Certification in English As A Second Language
Experience I Background:
Teacher since 1970 Have taught all areas of elementary
education. Have designed, written, and taught courses
with a coordination of science and math...with a strong
emphasis on the environment. Have taught gifted
(superior intellect) classes - elementary level. Have taught
gifted (superior intellect) math classes to different levels.
Have been involved with the local environment through
many projects that I initiated with my classes and their
families. Work with "English as a second language adults"
to improve their understanding and pronounciation of
English. Work with pre-K children of homes where English
is a second language. Have worked as a Peer Teacher.
Have worked as a Supervising Teacher. Have written
math questions that were utilized by the F.C.A.T. test at
the secondary level.
1/6/2005
. --_._~"-- -
Agenda Item No. 9A
. February 8, 2005
Page 34 of 35
. filson_s
.-rom: advisoryboards@colHergov.net
Sent: Friday, January 07,200511:22 AM
To: filson_s
Subject: New Qn-ine Advisory Board Application Submitted.
~~
Board of County Commissioners
3301 East Tamiaml TraH
Naples, FL 34112
Tel: (239) 774-3802
Fax: (239) 774-3602
...t~1 i..1
.'~I . :/
- ,
1(',1 i
January 07, 2005
Application for Advisory Committees I Boards
Name: Harry L. Coburn Home Phone: 239-566-8935
Home Address: 7515 Pelican Bay Blvd. # 5B
City: Naples Zip Code: 34108
Fax Number: No information provided. Business Phone: No information provided.
Email Address:Harrycob@yahoo.com
Place of Employment: Retired
How long have you lived in Collier County? 5-10 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Pelican Bay Service Division Board
c
Category: (i'applicable) No information provided. ResJ ~e/1-t
Do you currentty hold public office? No
1/7/2005
Agenda Item No. 9A
. February 8, 2005
Page 35 of 35
Do you now serve, or have you served on a No
Collier County board or committee?
Please list your community activities:
No information provided.
Education:
Bachelor Degree College of the Holy Cross Graduate
Work in Public Administration George Washington
University National War College Fort Mc Nair, Washington
D.C.
Experience I Background:
Captain, US Air Force 1956-1959 Foreign Service Officer,
US State Department 1960-1995 with service in American
Embassies in Madrid, Spain, Rome, Italy and American
Consulates in Suva, Fiji and Florence, Italy
In /2005
EXECUTIVE SUMMARY
Agenda Item No. 98
February 8, 2005
Page 1 of 19
-
APJJfJ~ of MENffiER(S) TO THE COUNTY GOVERNMENT PRODUCTIVITY
CO:MMmEE
OBJECTIVE: To appoint 5 members to serve 2-year tenns, expiring on February 4, 2007 on
the County Government Productivity Committee.
CONSIDERATIONS: The County Government Productivity Committee has 5 tenns
expiring on February 4, 2005. This committee is composed of 11 members, with the vice chair
of the Board of County Commissioners serving in a liaison capacity. The members are
appointed by resolution of the Board of County Commissioners for a two-year tenn and must be
permanent residents and electors of Collier County. Committee members are required to possess
special expertise and experience related to managing large organizations, and must be balanced
in representing the views of the community. The committee reviews the efficiency of
departments of County Government under the jurisdiction of the Board of County
Commissioners. The committee may analyze and review existing structure, organization,
staffing, management, functions, business practices, and procedures of any or all parts of county
government and make recommendations for increased efficiency and cost-effectiveness. The
committee may also assist in the implementation of those recommendations.
A list of the CUJTent membership is included in the backup.
,,-..
The terms for Albin A. Kozel, Jr., Celia M. Fellows, Matthew Hudson, Sydney E. Blum and
Robert E. Dowling will expire on February 4,2005. A press release was issued and resumes
were received from the following 5 interested citizens:
APPLICANT
CATEGORY
~ ELECfOR ADV. COMM.
Albin A. Kozel, Jr.-
Re-a intment
Matt Hudson
Re- intment
William J. Varian
Al Zichella
Sydney E. Blum
Re-a ðintment
Elias Brothers Communities
Job Costing; Mgmt Styles,
Efficienc Trainin
3 Yes Productivity Committee
5 Yes Productivity Committee
5 Yes Bd of Adj & Appeals
Devel ment Services Committee
2 Yes None
4 Yes Productivity Committee
Contractor's Licensin
Varian Construction
COMMITTEE RECOMMENDATION:
Re-appointment: Sydney E. Blum
Re-appointment: Albin A. Kozel, Jr.
FlSCALIMPACf: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members, re-advertise for 3 vacancies, and direct
the County Attorney to prepare a resolution confinning the appointments.
,--.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: FEBRUARY 8, 2005
Agenda Item No. 98
February 8, 2005
Page 2 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
Meeting Date
98
Appointment of members to the County Government Productivity Committee.
2/8/2005 9:00:00 AM
Prepared By
Date
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
1/12/20052:27:37 PM
BCC Office
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1/27/20054:17 PM
Agenda Item No. 98
February 8, 2005
Page 3 of 19
MEMORANDUM
TO:
Sue Filson, Executive Manager
Board of County Commissioners
l~
FROM:
Debbie Wight, Assistant to the County Manager
DATE: January 25, 2005
SUBJECT: County Government Productivity Committee Membership R~mmendations to the
Board of County Commissioners
The Productivity Committee has reviewed the five applications received for five vacancies on the County
Government Productivity Committee. Applicants were evaluated based on their potential contributions to the
Committee. Members of the Productivity Committee detennined all five applicants are qualified.
The Committee recommends the following two applicants for reappointment:
NAME TYPE OF TERM EXPIRATION FIELD OF EXPERTISE
APPOINTMENT
Job costing, management styles,
Sydney E. Blum Reappointment February 2007 efficiency training, CEO of Energy
Efficiency Systems, Inc.
Retired
Albin A. Kozel, Jr. Reappointment February 2007 Marketing, strategic planning, program
m8I1a2ement. Detroit Diesel Corn.
The Committee does not recommend the following applicant for reappointment:
NAME
TYPE OF
APPOINTMENT
TERM EXPIRATION
FIELD OF EXPERTISE
Matt Hudson
Realtorlbroker, sales associate at VIP
Realty Group, real estate instructor
membership on the Productivity Committee because they are members of the Executive Board of the Collier
Building Industry Association, which has filed a lawsuit against Collier County. Ordinance 2001-55 dictates
they are ineligible for membership on any county advisory boards:
NAME TYPE OF TERM EXPIRATION FIELD OF EXPERTISE
APPOINTMENT
William J. Varian Wm.1. Varian Construction Co., Inc.
Al Zichella Elias Brothers Communities
The Committee has been advised by the County Attorney's Office that two applicants are ineligible for
1
Agenda Item No. 9B
February 8, 2005
Page 4 of 19
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE ~MORANDUM
TO:
Debbie Wight, Assistant to the County Manager
DATE:
January 14. 2005
~---
JAM ,. 2U05
FROM:
Michael W. Pettit, Chief Assistant County Attorney
RE:
Application for Productivity Committee
~
flU
A member of the Productivity Committee has asked whether prospective members (a Mr.
Varian and a Mr. Zichella) who make their living in the building industry would have a recUlTÎng
voting conflict on impact fee issues and other development fee issues that might be voted upon
by the Committee. For the reasons stated in the attached memorandum from Tim Durham, it is
my opinion that there generally would be no voting conflict under such circumstances.
Nevertheless, the Collier County Advisory Board Ordinance (No. 200l-55) contains the
following provision:
The commencement of a legal challenge by a Board member as a plaintiff in a
lawsuit against Collier County shall constitute a conflict of interest with Collier
County and shan be deemed a tender of resignation from such Board. The
County Board member's position shall automatically be considered vacant and the
Commission shall promptly fill same pursuant to the provisions of Section Six,
herein.
The Collier Building Industry Association (the uCBIA") has recently commenced a
lawsuit against Collier County concerning one of the County's impact fees. It is my
understanding, based upon the CBIA website, that Mr. Varian and Mr. ZicheUa are listed as
members of the Executive Board of Directors of the CBIA. Necessarily, therefore, they were
involved in the decision to sue the County. Thus, in my opinion, they are ineligible at this time
for membership on any County advisory boards.
(In addition, there is nothing prohibiting the opponent of a nominee or nominees to an
advisory board from presenting his or beT case to the Board of County Commissioners.)
MWP/ntb
cc: David C. Weigel, County Attorney
Tim Durham, Legal Assistant
.-
Agenda Item No. 98
February 8, 2005
Page 5 of 19
OFFICE OF THE COUNTY A "ORNEY
INTEROFFICE MEMORANDUM
TO:
Michael W. Pettit. Chief AssIstant County Attorney
11m Durham. legal Assistant ~~(~
January 14. 2005
FROM:
DATE:
RE:
Applicants for the ProductMty Committee
VOTING CONFLICT OF INTEREST ANALYSIS
First we must start with the realization that public decision makers routinely
benefit from the decisions they make. For example, when the Board of County
Commissioners voted not to increase the millage rate for FY '05, as property
owners, they benefit from this decision, along with all other property owners in
Collier County. Thus, to rise to the level of a prohibited conflict of interest, the vote
must be based on something other than merely receiving some sort of benefit, no
matter how diluted. If this were not the case, government could not function.
Florida law provides:
No county, municipal, or other local public officer shall vote in an
official capacity upon any measure which would inure to his or her
special private gain or loss; which he or she knows would inure to the
special prívste gain or loss of any principal by whom he or she is
retained or to the parent organization or subsidiary of a corporate
principal by which he or she is retained, other than an agency as
defined in s. 112.312(2); or which he or she knows would inure to the
special prívate gain or loss of a relative or business associate of the
public officer. § 112.3143(3)(a), Ji'.Ùl. Stat. (2004). (Emphasis added).
The Florida Commission on Ethics has consistently opined that "whether a
particular measure inures to the 'special' gain of an officer or his principal will turn
in part on the size of the class of persons who stand to benefit from the measure~
where the class of persons is large a special gain will result only if there are
circumstances uIÚque to the officer or his principal under which they stand to gain
more than other members of the class." Commission on Ethics Opinion (CEO) 04-
06.
1
L
Agenda Item No. 98
February 8,2005
Page 6 of 19
In CEO 86-35, it was determined that "a county commissioner who is vice president
and a shareholder of a development company which is developing a large project
within the county, is Dot prohibited by Section 112.3143, Fla. Stat., from voting on
an impact fee ordinance. As the proposed ordinance is potentially applicable to all
development within the jurisdiction of the county and as the commissioner's
development would not be affected differently in degree or manner than any other
comparable development in the county, any gain or loss which the commissioner or
his employer might receive as a result of the proposed ordinance would not be
'special' within the contemplation oithe voting conflicts law."
PRODUCTIVITY COMMITTEE COMPOSITION
,.-
Section 2-907 of the Collier County Code (2004) provides that members of the
Productivity Committee "shall possess special expertise and experience related to
managing large organizations, but the membership shall be balarJced Ín
representing the VÎews of the community." (Emphasis added.) The obvious intent
of the italicized portion of the above-quoted provision is to ensure that various
viewpoints are represented on this board. This requirement is not an uncommon
feature of both private and public committees. Opposition to a particular method of
funding government is clearly one point of view, and is in no way an automatic bar
to membership on the Productivity Committee. Nor would such a general viewpoint
on government funding mechanisms create a recurring conflict. See CEO 86-35,
cited above.
2
Agenda Item No. 9B
February 8, 2005
Page 7 of 19
County Government Productivity Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDaJe 2nd Term
Mr. AJbin A. Kozel. Jr. 01/28/03
5308 Hawkesbury Way 596-5020
NapJes, FL 341 J 9
E-MaiL'
District: 3
Category: Marketing; Strategic Planning & Program Mgmt.
Mr. Fred Coyle
3301 E. Tamiami Trail
Naples, FL 34112
E-Mail:
District: 1
Category: Vice-Chairman
774-8097 01113/04
Ms. Celia M. Fellows 594-2021 10/14/03
J J31 17th Street, S.W. 304-2118
Naples, FL 341 I 7
E-Mail: ceJiaanded@msn.com
District: 5
Category: Office Mgmt; Accounting
Ms. Helen C. Philbin 01113/04
5784 Deauville Circle, #301 775-3772
Naples, FL 34112
E-Mail: hphilbin@Comcast.net
District: 1
Category: Gov't, Budget, Zoning Compliance
Mr. Matthew Hudson
321 J3th Street, S.W.
Naples, FL 34117
E-Mail: mhudson@viprealty.com
District: 5
Category: Realtor
403-7777 04/13/04
354-2769
_.
Fridø:y, December 01. 2DfU
Page 1 ofl
02/04105
/
2 Years
01/11105
I Year /
02/04105
1.5Years /
02/04/06
2 Years
02/04/05
1 Year "./
Agenda Item No. 98
February 8, 2005
Page 8 of 19
County Government Productivity Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDote 2nd Term
Ms. Janet Vasey 01/12/99
4398 Longshore Way North 598-4378 01113/04
Naples. FL 34119
E-Mail:
District: 3
Category: Budget & Financial Anaysis
Mr. Joseph B. Swaja 394-4599 04/24/02
460 Battersea Court 394-4599 01113/04
Marco Island. FL 34145
E-Maü: joeswaja@aol.com
District: I
Ctdegory: Development of Strategic Objectives
-.~.
Mr. Sydney E. Blum 594-7880 10/14/03
237 Burning Tree Drive 261-1855
Naples. FL 34105
E-Mail: eescool@earthlink..net
District: 4
Category: Job costing; Mgmt Styles. Efficiency Training
Mr. Robert E. Dowling 659-6179 01/27/04
7558 Cordoba Circle 598-5972
Naples. FL 34109
E-Mail: rdowling@johnrwood.com
District: 2
Category: Real EstatelMarketing
Mr. Stephen A. Harrison 821-5180 01/27/04
4255 Gulf Shore Blvd, N. #1506 435-1869
Naples, FL 34103
E-Mail: saharison@aol.com
District: 4
Category: EconomicslFinancelMarketinglCP A
Fridø.y, Ihcember 03, 2004
Pøge 2 oj3
\
02/04/00
02/04/06
1 Year
2 Years
02104/04
02142/06
2 Years
2 Years
02/04/05
1.5 Years I/""
02/04/05
1 Year V
02/04/06
2 Years
.--,.--
Agenda Item No. 98
February 8, 2005
Page 9 qf 19
County Government Productivity Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Staney E. Farnham 10/14/03
919 Tropical Bay Ct. 354-1240 10/14/03
Naples, FL 34120
E-Maü: sftums@aol.com
District: 5
Category: Strategic Planning; Management/Retired
02/04/04
02/04/06
4 months
2 Years
Mr. Dexter R. Groose 659-0489 01/22/02
5202 High Street 659-0389 01/13/04
Naples, FL 34105
E-Mail: dxdotcom@earthlink.net
District: 4
Category: Perfonnance Analysis & Value Analysis
02104/04
02104/06
2 Years
2 Years
This 11 member committee was creøted on 01120191 by Old. No. 91-10 (....ended by Old. No.
93-13, 96-10 & 2001-37). The committee is composed of 11 menbers, with 1he vice chair of
the Bee serving in a liaison c;apacity. Committee members are required to possess special
expertise and experience related to managing large orgaIlizatioos. and must be bala1ced in
representing the views d the community. The committee reviews the effiåency of departments
of County Government under the jurisdiction of the seC. The committee may _Iyze and
review existing structtR, organization, sblffing, m.-.agement, fundions, business pr8djces.
and procedures of any or all parts of county govermtent and make recommendations for
increased effICiency and cost«fec::tiveness. They may also assist in the implemen1ation of
those recommendations. Terms are 2 years.
FL STAT
Staff: Debbie Wight, Assistant to County Manager: 774-8383
Friday, Deœmber 03, 2004
Page30f3
Agenda Item No. 98
February 8, 2005
Page 10 of 19
"-
MEMORANDUM
TO:
December 28, 2004
E~tIDmO~e oQ¡4
Sue Filson, Executive Manag~
Board of County Commissioners
DATE:
FROM:
RE:
Voter Registration - Advisory Board Appointments
'The Board of County Commissioners will soon comider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
Albin A. Koze~ Jr.
5308 Hawkesbury Way
Naples, FL 34119
'/~s
COMMISSION DISTRICT
~
PRODUCTIVITY COMMITIEE
Matt Hudson
321 13th Street, S.W.
Naples, FL 34117
(es
~-
William J. Varian
210 31st Street, N.W.
Naples, FL 34120
7~S
S'-
AI Zichella
1509 Nottingham Drive
Naples, FL 34109
.(C ::,
ôl---
Sydney E. Blum
237 Burning Tree Drive
Naples, FL 34105
7~S
L/
RECE\\!f:r"'
~ t\ !~.~ Lt. .", 2.S;/~'
Thank you for your help.
a 'r" ,,\, ",ount y '",):r¡;!\: :.:. : J;e:,,:
oOd "", .
_.,~,---<_.._------
--,_...~--_..<,.,..
MEMORANDUM
Agenda Item No. 98
February 8, 2005
Page 11 of19
DATE:
December 28, 2004
TO:
Debbie WIght, Staff Liaison
County Government PrOdUCti~. C mmìtt \ . ee
Sue Filso~ Executive Manag
Board of County Commission
FROM:
RE:
County Government Productivity Committee
As you know, we cmrentIy have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume fur
consideration. I have attached the resumes received for your review as follows:
Albin A Kozel. Jr.
5308 Hawkesbury Way
Naples, FL 34119
Matt HudSon
321 13th Street, S.W.
Naples, FL 34117
William J. Varian
2103191 Street, N.W.
Naples, FL 34120
_.
AI Zichella ·
1509 Nottingham Drive
Naples, FL 34109
Sydney E. Blum
237 Burning Tree Drive
Naples, FL 34105
I
I
I
I
I'
L·
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-ftame, and I will prepare an executive summary fur the Board's consideration.
-Please categorize the applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank you fur your attention to this matter.
SF
Attachments
FAX NO. : 2395139291
Dec. 22 ~~~4W NCJEl19B
- Udl Y 8, ~e8::;
Page 12 of.19
FROM : I Sl..R'-IDIA.K
-
'~-e
-,
Board of Co~nty Commissioners
3301 Eat Tamiamt TraD
Naples.1'L 34112
(23') 774-8097
Fax:: (239) '714-3602
RECEIVE I
DEC 2 2 2004
Application for Advisory~<trlbfMèM~iHiIsrs
!/J"., A. j(~t.4'J".J,c. (A") Home Phone: .$"4 ~%-O
,
Home Address: 4'$øl NAwJ(#S6r.JÞj wA-of Zip Cod.~ 3"1 I f
Fax No. Business PboDe~ e-mailaddress: NIf~ÞH 1/Z.AIII... 4.1fi11
'Place of Employeement: '1<.1';',14'''" ~...,~ tj)..".,r /"'I,.""""" '.$~I-IS - ])trr';' '~~c. ~f ~
Board or Committee A~plied for~ ~~""Y t;"yJ~I'I"""'" ~.:;.,...;....;~';~. : t~~'.;rjf,i': :..= ,¡':.~ >" :: !." .,: I., . :.;
.. -, . . .
Catqory (if applicable): J,1f'l ¡4t1,esfMtl
Example¡ Comllll-. J)1Iitrict, J>evelopêr, eia\'ll'Ollm..aun, 111 ,..... .-c.
Name~
How IoDi have you lived Ú1 Collier County: Years 'I' f~.s
Are You a registered voter In ColHer County: Yes )(
Months ~ "'-,$
No
Do you œrrently hold pubik omce? Yea
If so. what It that 08lce?
x
No
Yes
. No
)(
Have yo.. ever been convicted of any offeDse agaiut the Law?
tr y... explaia:
Do yoo ROW serve, or lIave you l'IIer ~ed, OD a Collier coUnt)' board or committee? Yes ;(
Ify... pIeaIe u.t the comml.tUIeS/boardI:
~~,c;UI""""1 II /144M."''''' .tz L!aìlttPl (;.V'tIII~M4INI'" AAÞmv.r,
No
Co,.,,.,, rr'':¿-
, :
.. ' ,
,. . .
,,' .
: .:1, . . ',. .
Pleøe li5t your communltyactivlties (civic clubs, neighborhood. allOc1adou. etc. and positions
held: ,¿J;tt46U'.rN'7"'¡ /-S.LAI4NPWAI..K. Ilønløow.Jl4ldl"1U A.ssoe.,
',' .'
. ": . " ~ :~ . ':' .;
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PIM1u ØMi tIIIJ1,"~W._1 ~~II./MlpMiMtrt. 77r& tIf1I"k;IIIf~ åMJlI/ Hþrwt11W4 *' $Me FI/MM, ~ M.~t.
"'" ~ I1!!CøIuIt1 c-",~ JJtJIII1ul r.M1tIMI TfiIIl, N"" If'L 3411'1. Q'r-II wW,'"""þrq.II1".w~. iii
(2S9)77¿..'6lQ.,......a,. .-'i'-..GNon--'." T1MIo1"..1'" ~t: ttÞ - 1M cÎIiU1U flfCMliP C.U(p.
. \ . .
-~---
·
Agenda Item No. 98
February 8, 2005
Page 13 of 19
-
Board of County Co~EO
- 3301 East Tlrgmf Trail
Naplest FL 34112 LIE C' 2 Q 200~
(239) 714--8097 .
Fax: (239) 774i~ of COl.lot.y C01ll.
Application for Advisory ConunitteeslBoards
Name;~tI //,J~ 1 HoUle PhODe:~9-~S¥-Z"7~
,.(
HomeAddress..3:2/ I~TNS-f:s: t.tJ ZJp Code: .3"7'//7·
Fax Nom..6Æ'7-"Mf:.J¿. Business Pbone:À~.of'ðE-77~/&-maH ad.d.reuurf~.t»7~~~
Place ofE-.ployeement: V /p ~~ Ct"'''f dMJ ~,L --10. X ~ 1:::::Kfr..id-
Board or Committee Applied for: r,J~"rIy ~....~
Categot1 (lfappIicable): ~~
I:ÞapJe: Collúlâøiøa DIIU1ct. Den:Iøp.r, I!II~D-œIl4t, 1ar pe1IOII. et:è.
How long have YOlllived in CoWer COWlty: Years / r Mouths ;$
Are you a regiIterecJ. voter iD Com. CoUDty: Yes.x No
_ ::'::'~~~c:f.~ Y;~"17'~µI;::'~ ~.+ .T-Ck;~r-~
Have yon ever been convicted. of allY o1l'ense alainst the Law?
Ifyel, aplaiD:
Yes
No~
? Yes No
tfø.e
,
t/¡;O~~~I!~'~~~~/"'~~ND - z4~ ~~~
~~35i~~~?~';-~~~~~
AA/Ir~r' I '"
-
n-.~... --WMlŽl f-......)*I.fM~ 27*~w 11iMIltl6ø.f~"Su JIIlIAo, ~..,....,..,...
~~f~~--' . n....!J"Z..~~N....PLYJJ:J. q;yøwiM,~ftœ~-ur...,..
,-~"".....- M__ ,..-....-n,;~_tI'.. 1Jøori,..".,.~. _ rAw dIIøøu..fc.,¡¡¡., ~
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Agenda Item No. 9B
February 8, 2005
Page 14 of 19
..
~es~""':~'."¡:;::.¡'f.j:;:':':
....,..- '1" .~~
" ..::., . . : :~:. . ~~~. ~;~~l!~': j~~:~;.:~~1 .~;
. 1._. ¡"'; ... ."." ¡. 'III :.n .,' ",:.!. .1' .
JVI a ìi :lli1 (r~ t}ll' ':::.. ·:".....:jil¡j.:,ó'.·
. . '. ".~' ::;"...: ¡:~~J¡·,.l/i:·:i¡:\;~:I¡1:.
. ."..... ,p....~..,...i.o'!"~¡"
···A~~,D
.' .;!i ,.:",
. ... . :¡::;~;~F :~~;~::~:~f.f. .
E:tp4-~t'Ù'FlI"~-:
Broker Sales Associate
Licensed Real Estate Instructor
Consi$tent Top Producer
VIP Realty Executive Club
j,'ÚhJN71'ÎçJ.f I
Naples School Of Real Estate
Dale Carnegie
Edison Community College
Cardinal Mooney High School
. ......,.. ...~.'"" '. ..,i;:" ¡~I¡'
.._.,.....:l .:4U"U·'-:~"1~~
:. '. " :'::·;¡~¡~,.~·:~~lJ~~i::~~~;;~..
I. ;~Wt-!~'i'lf·1é~·!;i}1
Golden Gate Fire District Commissioner Seat 1
Golden Gate Master Plan Co!D.JIÚttee member . . . ,"'¡, .
Golden Gate Land Trust Advisory B~ ( served 11m)
Collier County Revenue CornmissiOµ.· ~J.Ø..b.;.i.:-:'~'i..i':": ·:~¡+::'¡i;.:..¡, ;~. '.' .
. ,. ..::: .:; :':.::.:":··}!i~::;):~:;:~l~i·;t~j~:~:~~··
Golden Gate Estates .Area Civic Assoc:ia'tió:à ;. i:>.1&êlò:r.i . .:,ij''; .'''~¡:',;,~'
Collier County Productivity Committee m~': :'..:..... ":'\"'!~:~~<ì:~
Florida High School B88eball and Softball umpÜ'e .... . '~:i.:.::~;·~:i:: .::
Golden Gate Little League volunteer umpire _:/::¡r¡ ".
1. ;.lfmj'uUfdi y:
"I·..·;· OIl
f'Jr"I"rWIu.d;
Married
5 Children ages 12 to 20
Attend Center Point Community Church
Hobbies include; theater, travel, music and the p:rte
.....
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BLLL£0116E:Z:xe::l
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Agenda Item No. 98
February 8, 2005
Page150f19
filson s
.m:-
advisoryboards@colfiergov.net
Sent: Friday, December 17, 2004 5:19 AM
To: filson_s
Subject: New On-line Advisory Board Application Subnitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
J.--tþl .~.'
..""'" ~ 11
~J'!/
December 17, 2004
Application for Advisory Committees J Boards
Name: William J. Varian Home Phone: 239-352-7392
Home Address: 210 31st St NW
e
City: Naples Zip Code: 34120
Fax Number: 239-732-0820 Business Phone: 239-289-8013
Email Address:wjv1992@aol.com
Place of Employment: Wm. J. Varian Construction Co., Inc.
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Productivity Committe
Category: (if applicable) Commission district 5 resident
e
Do you currently hold public office? No
12/17/2004
Agenda Item No. 98
February 8, 2005
Page16of19
e
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
DSAC (current member) Board of Adjustments and
Appeals (term expired 2004)
Please list your community activities:
Active with Saint Elizabeth Seaton School parade
committe Active with the Naples St. Patricks Day Parade
Committe (15 years running) 2005 President of CBIA
(Collier Building Industry Association)
Education:
College graduate Certified Graduate Remodelor Certified
Aging in Place Specialist
Experience I Background:
Resident of Napes for over 15 years, Business owner for
15 years concerned ta,< payer who would like to help in
what ever way I can
--
e
,'--'"
12117/2004
Agenda Item No. 9B
February 8, 2005
Page17of19
filson_s
_ From: advisoryboardS@colliergov.net
Sent: Wednesday, December 08, 2004 5:34 PM
To: filson_s
Subject: New On-line Advisory Board Application Subnitted.
~ ÇoKnfð'
Board of County Commissioners
3301 East Tamiaml Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
C. t~1 ¡¡-I.
.,..-.. ~"J
. ..s:
~ 7'.'
o '. ~. . :¡
~.. - .eo", ~ ./
December 08, 2004
Application for Advisory Committees I Boards
Name: AI Zichella Horne Phone: 239-566-1733
Home Address: 1509 Nottingham Drive
-
City: Naples Zip Code: 34109
Fax Number: 239-354-2611 Business Phone: 239-354-2080
Email Address:al.zichella@ebcswfl.com
Place of Employment: Elias Brothers Communities
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Productivity committee
Category: (if applicable) District 2
e
Do you currently hold public office? No
12/9/2004
· ...- - ---.-.-.-
Agenda Item No. 98
February 8, 2005
Page 18 of 19
e
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Vice President, CBIA Take Stock in Children Mentor
Youth Sports coach (Baseball, Girls Softball, Hockey,
YMCA Baskeball)
Education:
Lock Haven State College, Lock Haven PA Rockland
Community College, Suffern NY Emerson High School,
Emerson ,NJ Florida Construction School (Exam Prep)
Numerous Certificate courses (cont. Education for License
(re-certification)
8
Experience I Background:
SBCCI Professional Member, ICC Professional Member.
State Certified General Contractor, 18 Years. Have
managed projects in at least six of Florida's counties. Was
senior construction manager for the new Ritz. Golf Lodge
and Hyatt coconut Point Resort amongf many significant
local projects. 33 Years in Construction and Development
25 Years as a manager Have experience in all areas of
managenment, including contracts, Budgeting,
Scheduling, Personell hiring and management, (HR),
financial planning, Accounting through GL and strategic
planning. Have managed individual projects and entire
corporations. Have had many dealings with collier county
staff at all levels of government, including the building
department, the Clerk's Office, the Superviser of Elections
office, Transportation Department,among others. Have met
with frequently and have cordial professional relationship
with all of the current County Commissioners. Married (27
years) Two Children (Eric, Political consultant; Rachael,
Attorney in Atlanta GA.)
__e
12/9/2004
-
e
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 98
February 8, 2005
Page 19 of 19
Application for Advisory Committees/Boards
Name: J7~ t. ~ ~.mePb".: ZÇ/-fYÕ
Home Address: g(/~Ah ~-e.. /J R. Zip Code: 3 ÿ10r
Fax No. >Yy- 937 '{BUSiness Phone: rz. roO ?'/ '2 e-mail address: coo(,,~~~~Jø #c.cJ'
PlaeeofEmployee....t: ~~ ¿p~;.~ ~)~C
Board or Committee Applied for: ~ VI'
Category (if applicable): ~ Þ=>f-\ &/I,
Example: Commission District, Developer, environ list, lay penon, de.
-
How long have you lived in ColUer County: Years / J Months
Are you a registered voter in Collier County: Yes~No
Do you currently hold public office? Yes No ~
If so, what is that office?
Have you ever been convicted of any offense against the Law? Yes
If yes, explain:
No
Do you now serve, or bave you ever served, on a C~~ounfr~ard~mmittee? Yes
Iryes, please list tbe committeeslboards: ~br¿s;¡lVi '79-
. . ,
¿oc1./èL (~M-ry ~C8.AS~ cÞHh/~S)(S'W1.
Please list your community activities (ciyic clubs, neigh rhood associations, etc. and positions
held: A/ ~
S
-.
Education:
f¡ »J
~ GI -,.... "
. JJ:II I .
l~.4
Experience:
~~e. ..5ò#f) T-r-&.o,~ ~
-
'1<- ~C/~ s...t F11~
;
e
Pktøe tItUIch /lIlY tlJldiliDtUIl infllTllUltion "" feel perlinenL This IIpJ1IicœJøn s/""II4 be fllrwude4 ú Sw Filson, ExeCJltive MfUUlger III
the BiHlrd lIf COIlIlly C_",issioners, 3301 EiISI TlUfliœni TI'tlil, NIlpIes, FL 34112. If you wish, pkae fra your lIppIicøtioll 10
(239)774-3602 0,. _øJJ Ú suefilslIW:iiJ.coliierRov.IJeL ThlUfk ytnl Ill,. vt1lllllteering ú se,," the citizellS lIf CoI1hr ClIulIly.
EXECUTIvE SUMMARY
Agenda Item No. 9C
February 8, 2005
Page10f 13
APPoINTMENT OFMEMBER(S) TO THE GOLDEN GATE ESTATES LAND TRUST
GOMMITfßE
OBJECTIVE: To appoint 1 person to fulfill the remainder of a vacant tenn, expiring on
October 13, 2007, to the Golden Gate Estates Land Trost Committee.
CONSIDERATIONS: The Golden Gate Estates Land Trust Committee has 1 vacancy due
to a resignation with the tenn expiring on October 13,2007, for applicants residing in Golden
Gate Estates Units 21-22,36-47,52-53,59-93 or those units located south of Alligator Alley.
This 5-member committee serves in an advisory capacity to the Board of County Commissioners
for the putpose of carrying out the requirements, conditions and various provisions of an
Agreement relating to the use of land, or funds derived fiom the sale of land, conveyed to the
County by Avatar Properties Inc. (f/k/a GAC Properties Inc.). Applicants must reside within the
subdivision known as "Golden Gate Estates." Member selection may depend upon location of
residence within specific areas (phases) of the Estates. Tenns are 4 years.
A list of the cUlTent membership is included in the backup.
Ms. Linda Hartman resigned on July 27, 2004 when she became a candidate for the election to
run for Mosquito Control District Seat 4. A press release was issued and resumes were received
from the following interested citizen:
APPLICANT
I Linda Hartman
CATEGORY
I Phase I
DIST ELECfOR AnV. COMM.
~INone
COMMITIEE RECOMMENDATION: Appointment: Linda Hartman
FISCAL IMPACf: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confinning the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: FEBRUARY 8, 2005
-
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9C
Appointment of member to the Golden Gate Estates Land Trust Committee.
2/8/20059:0000 AM
Agenda Item No. 9C
February 8, 2005
Page 2 of 13
Prepared By
Sue Filson
Board of County
Commissioners
Date
1/12/20052:27:37 PM
Executive Manager to the BCC
BCC Office
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1/27/20054:45 PM
Agenda Item No. 9C
February 8, 2005
Page 3 of 13
(i)
Memorandum
To:
Sue Filson, Administrative Assistant
Board of County Commissioners
l#
From: . \ Iol)i.-A. Mott, Manager
__~ Property Acquisition & Sales
Date: January 26, 2005
Subject: Golden Gate Estates Land Trust Committee
The Golden Gate Estates Land Trust Committee Members, at their January 24, 2005
meeting, unanimously recommended the Board of County Commissioners accept the
application of Linda Hartman for membership to the Committee. Ms. Hartman resides
within Golden Gate Estates, Unit 7, Tract 113N (Phase I).
Please present the Golden Gate Estates Land Trust Committee's recommendation to
the Board of County Commissioners at your earliest convenience.
Thank you.
Real Property Management Department
Agenda Item No. 9C
February 8, 2005
Page 4 of 13
,ilson_s
From: motet
Sent: Monday, January 17, 2005 11:45 AM
To: filson_s
Subject: RE: Recommendations for Appointment
Sue,
Our next GGE Land Trust Meeting is Monday, January 24th. I will contact you on Tuesday, the 25th with the committee's
recommendation.
thanks,
t
---Original Message----
From: filson_s
Sent: Tuesday, January 04, 2005 9:43 AM
To: motLt; Petersen_b
Subject: Recommendations for Appointtnent
My records indicate that the following 2 committee recommendations were due on January 3rd:
Golden Gate Beautification Advisory Committee - Bob Petersen
Golden Gate Estates Land Trust Advisory Committee - Toni Mott
Please provide me with the recommendations.
Thank you.
Sue :fifson
'Executive :Manager, 'BCC
(239) 774-8097 yfume
(239) 774-886sfax
suefífson@co{[íergov. net
1/18/2005
". -,_._"-~._.
Agenda Item No. 9C
February 8, 2005
Page 5 of 13
,~.
Goiden Gate Estates Land Trust Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Linda Hartman . 274-5400 02125103 10/13/03 8 mo.
794 17th Street, N.W. 5~"(Jot I,( 455-1739 10/14/03 10/13/07 4 Years
Naples. FL 34120 r-Ø 1,;{I.IÒ
E-Mail: lindamikeb@aol.com
District: 5
Category: Phase I
Mr. Stephen B. Greenberg 10/11/94 10/13/98 4 Years
2780 8th Street, N.W. 455-1204 11/05/02 10/13/06 4 Years
Naples, FL 34120
E-Mail:
Vistrid: 5
Category: Phase III
Ms. Karen M. Acquard 03/10/98 10/13/98 8 months
441 24th A venue, N .E. 455-8318 11/05/02 10/13/06 4 Years
Naples, FL 34120
E-Mail:
District: 5
Category: Pbase I
Mr. Jeftrey Scott Curl 261-4007 12/16/03 10/13/05 2 Years
4010 8th Avenue, S.E. 304-0958
Naples, FL 34117
E-Mail: curl@jrpllc.com
District: 5
Category: Pbase II
Mr. Charles Purcell VanGelder, II 597-8774 10/10/95 10/13/99 4 Years
760 7th Street, S.W. 353-5713 10/14/03 10/13/07 4 Years
Naples. FL 34117
E-Mail: redlegnaucc@Cs.com
Distrid: 5
Category: Phase I
Wednesday, December 17, 2003
Page 1 0/2
Agenda Item No. 9C
February 8, 2005
Page6of13
~
Golden Gate Estates Land Trust Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 5 member committee was created by Ord. No. 87-48, amended by Ord. No. 87-98 and 94-
40 to carry out the requirements, conditions and various provisions of an Agreement relating to
the use of land, or funds derived from the sale of land, conveyed to the County by Avatar
Properties, Inc. (f/dla GAC Properties, Inc.) Applicants must reside within the subdivision
known as "Golden Gate Estates." Members must reside within 1 of the 5 phases within the
Golden Gate Estates area. Terms are 4 years
/-'
FL STAT 125.01
Staff: Toni Mott, Supervisor, ReaJ property: 774-8991
-~·r.
Wednesday, Døœmber 17, 2003
Page2of2
"...-
Agenda Item No. 9C
February 8, 2005
Page 7 of 13
JENNIFER J. EDWARDS
SUPERVISOR OF ELECTIONS
November 24, 2004
Sue Filson
Executive Manager
Board of County Commissioners
Dear Ms. Filson:
Per you inquiry dated November 22, 2004 regarding the registration status of:
Linda Hartman
Our records indicate that this individual is a registered voter in Collier County and is in
Commission District 5.
SlLQJ.Ùdyo'lfneed any additional information, please feel free to contact me at (239) 774-
_~9-1:'.. - -~ ,
_ ^..,.. <6~
~ ' ~,." 1':.
~
- --
,. ~
"" -
.-
. r
r:.ßarj W. ea - Þ3.tnP
DCpigy -Assi_sfártf Supervisor of Elections
~ --
RECEIVED
NC\V 29 2004
Board of County Com.isSioners
Collier Govemment Complex . Martin Luther King, Jr. Bldg. . 3301 Tamiami Trail East
Naples. Florida 34112-4902
Telephone: 2391774-8450 . Fax: 2391774·9468
......-.-
MEMORANDUM
Agenda Item No. 9C
February 8, 2005
Page 8 of 13
DATE:
November 22, 2004
TO:
Toni Mott, Real Property ~nt Department
Sue Filson. Executive Manage '
Board of County Commissione
FROM:
RE:
Golden Gate Estates Land Trust Committee
As you know, we currently have vacancies onthe above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this commiUee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Linda Hartman
794 17th Street, N.W.
Naples, FL 34120
,-,
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-ftame, and I will prepare an executive summary for the Board's consideration.
Please categorize the applicants in areas of expertise. If you have any questions, please call me at
774-8097.
'I1Umk. you for your attention to this matter.
SF
Att:aehments
-
Board of County Commissioners
3301 East Taø1iami Tn1I. 0
Naples. FL 34112 RECE\"e
(239) 774--8091
¡'ax: (239) '774-360Z NOV , 7 200
¡o¡rd of Count) comai
NO. 7526 P. 1 ...v....
Agenda Item No. 9C
February 8, 2005
Page 9 of 13
l1~l.~..~~Y'" 17. 20047 7: 07AM 239 1,11 LLENN IA LEND I NG_23927454955ERV
:../
.r
'. ..
~."
Application for Advisory CommitteeslBoards
Name: LI-nrJð. ¡.j Cc. rl r>1:;..." HolM Phaœ: ;)."'! tj - .l/~7;"-1 ? 31
Home Addreø: '7 r¿t¡ ) 7 ~. 5 í. //JIM J/~/e~ II Zip Cocle~ ~(,I/ d-O .
Fa No. ~ ~?-.).j'(...~?.»iusineu Pbone:;J"/1~"Y ~¥Óð ..mau.ddrar. L'~,It ~ J/{JAIJJ..e¿ m
BUßÍJØs:&//-tþr¡/it. te"d/", GrIJ1Af it ¿
BoardorCommit.teeAPpJ.iedfor:~LJeh ~ c..'f>f4.,.--P~ / tJ..~J ~<. i ¡1~mrn-:¡¡'<'
Ca~lOry (if appUcablc:.):
~e: C_koIlaIo DIatrleI, l)c,IeIopll'. aQrinllØlllataUsl, lay p....... ç c.
Are you a recïstered yoter ia Collier County: Y" V No
Do you cutnDtJyhoklpubW: 9Ø1œ? Y. ~ . No n~_'
Ifso,wlWlstIWomee! 0~ M~ i21r4 J~h~~ f.;R'4»Jl~JlJ7er
~ Do you DO..Mn't, or baYe you JYer ,t.rftd" OR' ~ ~H p¡ømi~? YCI ~ l"lD
,.., ltyrs.pleuelùtdle~rdll r.: ~~!22_......
Please list'p~ community activities (~ð:cl~ aei_borhood IISIOCiations, etc.. ad poSitiœs
held.: . ~L<~ >"~~ it- e.Cf fr$~
Ec1uc:ation:
ExperiAmce:
-
PI,.. duAl ~ ~l ùiførflUllilHt Jfml"¡".~ T1rir qplir:1llIÐa ...,. .'/~d 10 Sa. l'ibðr&, IÞtUIIIbr JlMfII'~ »111.
Jo.rd of C411UIl,1I CØJISIAÍUfðnUI, JJDl till' ~j TrØl, Nq~1, 1'1. 34112. If,.. rritll,"'" fM""" ",,&Mi01e kI f2!')174.!6IQ ",
_il IØ 611.tf/pH('l:fIllkrvø~.II". T1I4.lk 1011 flIT .1I1_ri,..,. ~_.III' ~IU qfCol&, co.1ICy.
1}7t /11.' Stf -(; -f/ ~r¡
..,? ~- 3~ ;J-
NOV. 17. 20047 7:08AM239 ~MILLENNIA LENDING_2392745495sERV'
Nß.gh~d6 IterR.Nd. 9è wn
February 8, 2005
Page 10 of 13 . ; ;
\,,\U ~ ,;
. \ \ \ . ~1 :.
". .:. .
..
UNDA HARTMAN
'194 17'Π$"l"J.DT 'Now.
N~ tLOItIDA 341]0
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w.,.:a. JI1. 33'16
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WiD_ Al1aI HIP ~ iD. AIka&vwD, :p.., ~i, ~·I ctccrœ. ~.!::IaœI." b.i.....~ .
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Agenda Item No. 9C
February 8, 2005
Page 12 of 13
..~-
Ii'
\EJ
Memorandum
To: Sue Filson, Administrative Assistant
Board of County Commissioners
From: ..^ ~Mott, Supervisor
~eal Estate Services
RECBVED
, . - ~"1J·
..,;-- i..r , ""....,
Board of County Cornn ) ss ioners
Date: July 27, 2003
Subject: Golden Gate Estates Land Trust Committee
-
Sue, please find attached a letter of resignation from Ms. Linda Hartman
from the above referenced committee.
Please advertise the vacant position. We currently have two (2) members
from Phase I, one member from Phase II and one (1) member from Phase
III.
If there is any additional information I need to provide to you, please let me
know. Thank you very much for your assistance with this matter.
Thank you.
~~
Real Property Management Department
4
¡:¡ Tf (Y.' 1on" ,LJ. //:b-J/
Agenda Item No. 9C
February 8, 2005
Page 13 of 13
TO: GOLDEN GATE ESTATES LAND TRUST COMMITTEE
A'ITENTION: CHAIRMAN CHARLES V ANOELDER AND ADMIN.
Due to the fact 1bat I have registered for the election to nm for Mosquito Control District
seat 4. I will have to resign my seal on the GGE Land Trust Committee.
I have enjoyed my time on the Committee and, when thc clcction is over in November. I
would then like to re-apply for the position, if it is still open.
Thank you again for allowing me to serve my community.
~~
~:artman
l'¿ l080 'ON
S6tSvLl6£G-DNION31 VINN311I~
IWLt : L vOOl '6l 'lor
Agenda Item No. 9D
February 8, 2005
Page 1 of 13
-
EXECUTIVE SUMMARY
APPOINTMENT OF MEMBERS TO THE HEALTH PLANNING COUNCIL OF SOUTHWEST
FLORIDA, INC.
OBJECTIVE: To appoint 1 member representing a Provider and 1 member representing a Purchaser
to serve two-year tenns, expiring on February 8,2005, to the Health Planning Council of Southwest
Florida, Inc.
CONSIDERATIONS: The Health Planning Council of Southwest Florida, Inc. is a private not-for-
profit corporation created under Chapter 408.033, Florida Statutes. This agency deals primarily with
health policy and the regulation of health care services throughout seven counties of Southwest
Florida. A conswner member is an individual who is not a health care provider or a health care
purchaser. A Provider member is someone who delivers health services or who is a member of an
organization that delivers health services.
The Board of Directors meets four times per year, usually on the third Thursday of the month, for
about two hours. Some Board members assume committee responsibilities as their schedules allow.
A letter was received from Ms. Irene Giniat, Principal Planner on behalf of Mr. Ed Houck, Executive
Director of the Health Planning Council of Southwest Florida, Inc. advising that the term for Larry H.
Ray, representing a Provider, expired on September 30, 2004 and there is currently 1 vacant position
representing a Purchaser Representative. Mr. Houck is requesting that the folJowing candidates be
reappointed/appointed for 2-year tenns, expiring on February 8,2007.
-
APPLICANT
CATEGORY
Barry Williams, Collier Government Hwnan Services
Larry Ray representing Naples Community Hospital
Purchaser
Provider
The membership committee is recommending the reappointment of Larry Ray and the appointment of
Barry Williams, Collier Government Human Services (Purchaser) to serve 2-year tenns, expiring on
February 8,2007.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the recommendation for
appointment, appoint 2 members to serve 2 year tenns on the Health Planning Council of Southwest
Florida, Inc., and direct the County Attorney to prepare a resolution confinning the appointments.
Prepared By:
Sue Filson, Executive Manager
Board of County Commissioners
Date:
February 8, 2005
.-
_.._~-,~,_._..
Item Number
Item Summary
Meeting Date
Agenda Item No. 90
February 8, 2005
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
90
Appointment of members to the Health Planning Council of Southwest Florida, Inc.
2/8/20059:00:00 AM
Prepared By
Date
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
1/27/20051:27:07 PM
Approved By
BCC Office
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1/31/20052:22 PM
~
Agenda Item No. 90
February 8, 2005
Page 3 of 13
THE HEALTH PLANNING COUNCIL OF
SOUTHWEST FLORIDA, INC.
9250 College Parkway, Suite 3 - Fort Myers. Florida 33919
(2381433-1700 BUNCO. 731-6700 FAX (238) 433-6701 www.hpcswf.com
January 27, 2005
Sue Filson
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112-4977
Dear Ms. Filson:
The Heahh Planning Council currently has to reappointment one member and appoint a
new member to our Board of Directors. Since all appointments are statutorily governed
by the Board of County Commissioners (408.033, F.S.), we are making you aware of
these changes and request that you reappoint and appoint the following persons to our
Board:
. Reappoint Larry Ray, Naples Community Hospital (Provider-expired 9/04)
. Appoint Barry Williams, Collier Government Human Services (Purchaser)
Once these appointments have been made, please advise me. Thank you!
Also, the new Executive Director of The Health Planning Council is Ed Houck.
Sincerely,
Irene Giniat
Principal Planner
Ene.
/>,..".. of the H_ />,.,."... Cou".II_ pMtJa'y "'''''d'', 1M F/orItM 0.""""'" of H../Ih.
I~
THE HEALTH PLANNING COUNCIL Of SOUTHWEST FLORIDA INC.
SOARD OF DIRECTORS
Jan..." 2003
Agenda Item No. 90
February 8, 2005
Page 4 of 13
Karin G. Cole (Tre.urer)
3312 S. Seclusion Drive
Sarasota, FIOIida 34239
Home: (941) 925-9226
Cell: (941) 321-2961
All.,: (941) 955-5599 (lSk for Michael, Office Mgr.)
Fax: (239) 927-2519
E-MaU: Draxak@msn.com or
anaelsuraical@msn.com
Ssf8sots County (provider representative)
Shirley Dooley
P.O. Box 899
(Fed Ex Add,...: 651 Broward Ave., Zip 33935)
LaBelle. FL 33975
Home: (863) 675-2915
E-Mail: ksdoolevðstrato.net
Hendty County (consumer representative)
Paul ErIckson
201 ElSt Oak St.
Suite 202
Arcadia, FL 34266
Oftice: (863)993-4858
Fax: (863) 993....857
SunCom: 740-4858
E-MaI: D8UICco.desoto.fI.us
Home: (863) 993-2182
DeSoto County (purchaser representative)
Danny Halvatzis (Vice Chair)
Family Health Centers of Southwest Florida
P.O. Box 1357
Fort Myers, FL 33902
(Fed Ex: 2256 Heitman Street
Fort Myers, FL 33907)
O~: (239)278-3600
Fax: (239) 278-3203
E-Mail: dhalvatzisCþHCNetwork ora
Home: (239)
Lee County (provider representative)
Carol Mason
Provider
1495181. Sl
Sarasota, FL 34234
(941)
Fax: (941)
Ssf8sota County (not sure type of rep; new)
Sharon Murphy. RN
McGregor Clinic
2506 Second St, 51e. 105
Fl Myers. Florida 33901
Office: (239) 334-9555
Fax: (239) 334-2832
E-MaU: ITIC9reaorclinicðaol.com or haoecCaol.com
Home: (239) 826-1743
Lee County (consumer representative)
Larry H. Ray
Naples Community Hulthcare System
340 7"' St. N
Naples. FL 34102
Oftlce: (239) 436-5344
Fax: (239) 436-5053
E-Mail: larry.rayOnchmd.orQ
Home: 547 BayVi1Ias Ln.. Naples, FL 34108
Home .: (239) 592-0839
Collier County (provider representative)
Anthony TrluIzI (Chair)
534 Via eintia
Punta Gorda, FL 33950
Home: (941) 505-0869
Fax: (941) 505-0869
E-Mail: AtriulZiCyahoo.com
Charlotte County (consumer representative)
Martha E. Valiant, M.D. (See.....,)
HendrylGlades County Health Departments
P.O. Box 70
Labelle, FL 33975
(Fed Ex Add.....: 1140 Pratt BMI., Labe... FL 33935)
Home Address: 1111 RIverbend Dr., Labelle, Fl 33935
Hendry Office: (239) 674-4041
SC: 744....041
Fax: (863) 674-4605 or se (239) 744-4076
E-MaU: martha valianttbdoh state.n.us
Home: (863) 675-2506
Glades County (provider represent.tive)
Patricia Weshington. Ph.D.
Division cA Social Work
Florida Gulf Coast University (FGCU)
10501 FGCU Blvd. S.
Fl Myers, FL 33901
Office: (239) 590·7825
Fax: (239) 590-7758
E-Mail: pwashinaCfacu.edu
Home: Not listed.
Lee County (consumer repreøntrltill'e)
Barry Wiliams
Collier County Department cA Human Senrices
3301 E. Tamiaml Trail
Health and Public Services Bldg. H. Room 211
Naples, FL34112
Office: (239)77.--815-4
Fax:
E-Mail:
Home:
Collier County (Purchaser Representative)
..
Agenda Item No. 90
FM.I<t$95 2005
Page b of 13
(c) An area with a radius of at least 20 miles in which
all existing nursing homes have maintained at least a 95
percent occupancy rate for the most recent 6 months or
a 90 percent occupancy rate for the most recent 12
months.
(18) "Skilled nursing facility" means an institution, or
a distinct part of an institution, which is primarily
engaged in providing, to inpatients, skilled nursing care
and related services for patients who require medical or
nursing care, or rehabilitation services for the rehabilita-
tion of injured, disabled, or sick persons.
(19) "Tertiary health service" means a health service
which, due to its high level of intensity, complexity, spe-
cialized or limited applicability, and cost, should be lim-
ited to, and concentrated in, a limited number of hospi-
tals to ensure the quality, availability, and cost-
effectiveness of such service. Examples of such service
inctude. but are not limited to, organ transplantation,
specialty bum units, neonatal intensive care units, com-
prehensive rehabilitation, and medical or surgical ser-
vices which are experimental or developmental in nature
to the extent that the provision of such services is not
yet contemplated within the commonly accepted course
of diagnosis or treatment for the condition addressed by
a given service. The agency shall estabiish by rule a list
of all tertiary health servíces.
(20) "Agency" means the department or agency
which has responsibility for health planning and health
regulation.
(21) "Regional area" means any of those regional
health planning areas established by the agency to
which local and district health planning funds are
directed to local health councils through the General
Appropriations Act. .
HItItoty.-s. 19. ch. 87-92; s. 19. ch. 88-294: s. 2. en. 89-:DI: s. 7. ch. 89-354:
s 21. ch. 91-158; s. 54. ch. 91-221: s. 1. ch. 91-282; 58. 15. 16. ch. 92-33; s. 10.
ch. 92-58;s. 22. ch. 93-214; s. 8. ch.95-I44;s. 28.ch.95-210;s. ~ch.95-394.
NoIe.-FOfI11eI' s. 381.702.
.48
':AL TH CARE ADMINISTRATION
/
(8) "Health maintenance organiz~tion" means a
health care provider organization defined and author-
ized in part I of chapter 641.
(9) "Health services' means diagnostic, curative, or
rehabilitative services and includes alcohol treatment.
drug abuse treatment, and mental health services.
(10) "Hospice" or 'hospice program" means a hospice
as defined in part VI of chapter 400.
(11) 1-iospitar means a health care facility licensed
under chapter 395.
(12) "Institutional health service" means a health ser-
vice which is provided by or through a health care facility
and which entails an annual operating cost of $500,000
or more. The agency shall, by rule, adjust the annual
operating cost threshold annually using an appropriate
inflation index.
(13) 'ntermediate care facility" means an institution
which provides. on a regular basis. health-related care
and services to individuals who do not require the
degree of care and treatment which a hospital or skilled
nursing facitity is designed to provide, but who, because
of their mental or physical condition. require health-
related care and services above the level of room and
board.
(14) 'Intermediate care facility for the developmen-
tally disabled" means a residential facility licensed under
chapter 393 and certified by the Federal Government
pursuant to the Social Security Act as a provider of Med-
icaid services to persons who are mentally retarded or
who have a related condition.
(15) "Major medical equipment' means equipment
which is used to provide medical and other health ser-
vices, which has been approved for general usage by
the United States Food and Drug Administration for less
than 3 years and which costs in excess of $1 million. The
agency shall, by rule, adjust the equipment threshold
annually using an appropriate inflation index.
(16) 'Multifacility project" means an. integrated resi·
dential and health care facility consisting of independent
living units, assisted living facility units, and nursing
home beds certificated on or after January 1. 1987.
where:
(a) The aggregate total number of independent liv-
ing units and assisted living facility units exceeds the
number of nursing home beds.
(b) The developer of the project has eXþénded the
sum of $500.000 or more on the certificated and
noncertificated elements of the project combined, exclu-
sive of land costs, by the conclusion of the 18th month
of the life of the certificate of need.
(c) The total aggregate cost of construction of the
certificated element of the project, when combined with
other, noncertificated elements, is $10 million or more.
(d) All elements of the project are contiguous or
immediately adjacent to each other and construction of
aU elements will be continuous.
(17) "Nursing home geographically underserved area"
means:
(a) A county in which there is no existing or
approved nursing home;
(b) An area with a radius of at least 20 miles in which
there is no existing or approved nursing home; or
408.033 Local and state health planning.-
(1) LOCAL HEALTH COUNCILS.-
(a) Local health councils are hereby established as
public or private nonprofit agencies serving the counties
of a district or regional area of the agency. The members
of each council shall be appointed in an equitable man-
ner by the county commissions having jurisdiction in the
respective district. Each council shall be composed of
a number of persons equal to 11/2 times the number of
counties which compose the district or 12 members.
whichever is greater. Each county in a district shall be
entitled to at least one member on the council. The bal-
ance of the membership of the council shall be allocated
among the counties of the district on the basis of popu-
lation rounded to the nearest whole number; except that
in a district composed of only two counties, no county
shall have fewer than four members. The appointees
shall be representatives of health care providers. health
care purchasers. and nongovernmental health care con·
sumers, but not excluding elected government officials.
The members of the consumer group shall include a rep-
resentative number of persons over 60 years of age. A
majority of council members shall consist of health care
purchasers and health care consumers. The local health
council shall provide each county commission a schad-
~
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I··.······.
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I
F.S. 1995
HEALTH CARE ADMINISTRATION
ute for appointing council "'el"tJcr~ to e,,~ure that coun-
cil membership complies with the requirements of this
paragraph. The members of the local health council shall
elect a chairman. Members shall serve for terms of 2
years and may be eligible for reappointment.
(b) Each local health council may:
1. Develop a district or regional area health plan
that is consistent with the objectives and strategies in
the state health plan, but that shall 'Permit each local
health council to develop strategies and set priorities for
implementation based on its unique local health needs.
The district or regional area health plan must contain
preferences for the development of health services and
facilities, which may be considered by the agency in its
review of certificate-of-need applications. The district
health plan shall be submitted to the agency and
updated periodically. The district health plans shall use
a uniform format and be submitted to the agency
according to a schedule developed by the agency in
conjunction with the Statewide Health Council and the
local health councils. The schedule must provide for
coordination between the development of the state
health plan and the district health plans and for the
development of district health plans by major sections
over a multiyear period. The elements of a district plan
which are necessary to the review 01 certificate-of-need
applications for proposed projects within the district
may be adopted by the agency as a part 01 its rules.
2. Advise the agency on health care issues and
resource allocations.
3. Promote public awareness of community health
needs, emphasizing health promotion and cost-
effective health service selection.
4. Collect data and conduct analyses and studies
related to health care needs of the district, including the
needs of medically indigent persons, and assist the
agency and other state agencies in carrying out data
collection activities that relate to the functions in this
subsection.
5. Monitor the onsite construction progress, if any,
of certificate-of-need approved projects and report
council findings to the agency on forms provided by the
agency.
6. Advise and assist any regional planning councils
within each district that have elected to address health
issues in their strategic regional policy plans with the
development of the health element of the plans to
address the health goals and policies in the State Com-
prehensive Plan.
7. Advise and assist local governments within each
district on the development 01 an optional health plan
element of the comprehensive plan provided in chapter
163, to assure compatibility with the health goals and
policies in the State Comprehensive Plan and district
health plan. To facilitate the implementation of this sec-
tion, the local health council shall annually provide the
local governments in its service area. upon request,
with:
a. A copy and appropriate updates of the district
health plan;
b. A report of hospital and nursing home utilization
statistics for facilities within the local government juris·
diction; and
AI::lt:1IIlh:lll~rrl Nv~~408
February 8, 2005
c. Aµplicatne agency rutos and ~i.té1l:t1iteed
methodologies for health facilities and services regu-
lated under s. 408.034 for the district served by the local
health council.
8. Monitor and evaluate the adequacy, appropriate-
ness. and effectiveness. within the district. of local,
state, federal, and private funds distributed to meet the
needs of the medically indigent and other under served
population groups.
9. In conjunction with the 1Department of Health
and Rehabilitative Services and Statewide Health Coun-
cil, plan for services at the local level for persons
infected with the human immunodeficiency virus.
10. Provide technical assistance to encourage and
support activities by providers, purchasers, consumers,
and local. regional, and state agencies in meeting the
health care goals, objectives, and policies adopted by
the local health council.
11. Provide the agency with data required by rule for
the review of certificate-of-need applications and the
projection of need for health services and facilities in the
district.
(c) Local health councils may conduct public hear·
ings pursuant to s. 408.039(3Xb).
(d) Each local health council shall enter into a memo-
randum of agreement with each regional planning coun-
cil in its district that elects to address health issues in
its strategic regional policy plan. In addition, each local
health council shall enter into a memorandum of agree-
ment with each local government that includes an
optional health element in its comprehensive plan. Each
memorandum of agreement must specify the manner in
which each local government, regional planning council,
and local health council will coordinate its activities to
ensure a unified approach to health planning and imple-
mentation efforts.
(e) Local health councits may employ personnel to
carry out the councils' purposes. Such personnel shall
possess qualifications and be compensated in a manner
commensurate with comparable positions in the Career
Service System. However, such personnel shall not be
deemed to be state employees.
(f) Personnel of the local health councils shall pro-
vide an annual orientation to council members about
council member responsibilities. The orientation shall
include presentations and participation by agency staff.
(g) Each local health council is authorized to accept
and receive, in furtherance of its health planning func-
tions, funds, grants, and services from governmental
agencies and from private or civic sources and to per-
form studies related to local health planning in exchange
for such funds, grants, or services. Each local health
council shall, no later than January 30 of each year, ren-
der an accounting of the receipt and disbursement of
such funds received by it to the agency. The agency
shall consolidate all such reports and submit such con-
solidated report to the Legislature no later than March
1 of each year. Funds received by a local health council
pursuant to this paragraph shall not be deemed to be
a substitute for, or an offset against, any funding pro-
vided pursuant to subsection (3).
(2) STATEWIDE HEALTH COUNCIL.-The State-
wide Health Council is hereby established as a state-
203
Agenda Item No. 90
Ffì~JI!! ~~~~
(d) Consult with local health councils, the Depart-
ment of Insurance, the 'Department of Health and Reha-
bilitative Services, and other appropriate public and pri-
vate entities, including health care industry representa-
tives regarding the development of health policies;
(e) Serve as a forum for the discussion of local
health planning issues of concern to the local health
councils and regional planning councils;
(f) Review district health plans for consistency with
the State Comprehensive Plan and the state health plan;
(g) Review the health components of agency func-
tional plans for consistency with the health element of
the State Comprehensive Plan, advise the Executive
Office of the Governor regarding inconsistencies, and
recommend revisions to agency functional plans to
make them consistent with the State Comprehensive
Plan;
(h) Review any strategic regional plans that address
health issues for consistency with the health element of
the State Comprehensive Plan, advise the Executive
Office of the Governor regarding inconsistencies, and
recommend revisions to strategic regional policy plans
to make them consistent with the State Comprehensive
Plan;
(i) Assist the Department of Community Affairs in
the review of local government comprehensive plans to
ensure consistency with policy developed in the district
health plans;
(j) With the assistance of the local health councils.
conduct public forums and use other means to deter-
mine the opinions of health care consumers. providers,
payors, and insurers regarding the slale's health care
goals and policies and develop suggested revisions to
the health element of the State Comprehensive Plan.
The council shall submit the proposed revisions to the
health element of the State Comprehensive Plan to the
Governor, the President of the Senate, and the Speaker
of the House of Representatives by February 1. 1993,
and shall widely circulate the proposed revisions to
affected parties. The council shall periodically assess
the progress made in achieving the goals and policies
contained in the health element of the State Compre-
hensive Plan and report to the 1department. the Gover-
nor, the President of the Senate, and the Speaker of the
House of Representatives; and
(k) Conduct any other functions or studies and anal-
yses falling under the duties listed above.
(3) FUNDING.-
(a) The Legislature intends that the cost of local
health councils and the Statewide Health Council be
borne by application fees for certificates of need and by
assessments on selected health care facilities subject
to facility licensure by the Agency for Health Care
Administration, including abortion clinics, assisted living
facilities. ambulatory surgical centers. birthing centers,
cJinical laboratories except community nonprofit blood
banks, home health agencies, hospices, hospitals, inter-
mediate care facilities for the developmenlally disabled,
nursing homes, and multiphasic testing centers and by
assessments on organizations subject to certification by
the agency pursuant to chapter 641, part III. including
health maintenance organizations and prepaid health
clinics.
Ch. 408
~l TH CARE ADMINISTRATION
level comprehensive health planning and policy advisory
board. For administralive purposes. the council shall be
located within the agency. The Statewide Health Coun-
cil shall be composed of: the State Health Officer; the
Deputy Director for Health Policy and Cost Control and
the Deputy Director for Health Quality Assurance of the
2department; the director of the Health Care Beard; the
Insurance Commissioner or his designee; the Vice Chan-
cellor for Health -Affairs of the Board of Regents; three
chairmen of regional planning councils, selected by the
regional planning councils; five chairmen of local health
councils, selected by the local health councils; four
members appointed by the Governor. one of whom is a
consumer over 60 years of age, one of whom is a repre-
sentative of organized labor, one of whom is a physician,
and one of whom represents the nursing home industry;
five members appointed by the President of the Senate,
one of whom is a representative of the insurance indus-
try in this state, one of whom is the chief executive offi-
cer of a business with more than 300 employees in this
state, one of whom represents the hospital industry, one
of whom is a primary care physician. and one of whom
is a nurse. and five members appointed by the Speaker
of the House of Representatives, one of whom is a con-
sumer who represents a minority group in this state. one
of whom represents the home health care industry in
this state. one of whom is an allied health care profes-
sional. one of whom is the chief executive officer of a
business with fewer than 25 employees in this state. and
one of whom represents a county social services pro-
gram that provides health care services to the indigent.
Appointed members of the council shall serve for 2-year
terms commencing October 1 of each even-numbered
year. The council shall elect a president from among the
members who are not state employees. The Statewide
Health Council shall:
(a) Advise the Governor, the Legislature, and the
Idepartment on state health policy issues, state and
local health planning activities, and state health regula-
tion programs;
(b) Prepare a state health plan that specifies
subgoals, quantifiable objectives, strategies. and
resource requirements to implement the goals and poli-
cies of the health element of the State Comprehensive
Plan. The plan must assess the health status of resi-
dents of this stale; evaluate the adequacy, accessibiIJly,
and affoidability of health services and facilities; assess
government-financed programs and private health care
insurance coverages; and address other topical local
and state health care issues. Within 2 years after the
health element ofthe State Comprehensive Plan is
amended, and by July 1 of every 3rd year, if it is not
amended, the Statewide Health Council shall submit the
state health plan to the Executive Office of the Gover·
nor, the secretary of the Idepartment, the President of
the Senate, and the Speaker of the House of Represent-
atives;
(c) Promote public awareness of stale health care
issues and, in conjunction with the local health councils,
conduct public forums throughout the state to solicit the
comments and advice of the public on the adequacy,
accessibility, and affordability of health care services in
this state and other health care issues;
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F.S. 1995
HEALTH CARE ADMINI::>IHATION
{b)1. A hospital licensed u :r chapter 395. a nurs-
ing home licensed under chapter 400, and an assisted
living facility licensed under chapter 400 shall be
assessed an annual tee based on number of beds.
2. All other facilities and Ofganizations listed in
paragraph (a) shall each be assessed an annual fee of
$150.
3. Facilities operated by the Department of Health
and Rehabilitative Services or the Department of Correc·
tions and any hospital which meets the definition of rural
hospital pursuant to s. 395.602 are exempt from the
assessment required in this subsection.
{c)1. The agency shall, by rule, establish fees for
hospitals and nursing homes based on an assessment
of $2 per bed. However, no such facility shal1 be
assessed mOfe than a total of $500 under this subsec-
tion.
2. The agency shall, by rule, establish fees for
assisted living facilities based on an assessment of $1
per bed. However, no such facility shall be assessed
more than a total of $150 under this subsection.
3. The agency shall, by rule. establish an annual fee
of $150 for all other facilities and organizations listed in
paragraph (a).
(d) The agency shall, by rule, establish a facility bill-
ing and collection process for the billing and collection
of the health facility fees authorized by this subsection.
(e) A health facility which is assessed a fee under
this subsection is subject to a fine of $100 per day fOf
each day in which the facility is late in submitting its
annual fee up to maximum of the annual fee owed by the
facility. A facility which refuses to pay the fee or fine is
subject to the forfeiture of its license.
(f) The agency shall deposit in the Health Care Trust
Fund all health care facility assessments that are
assessed under this subsection and proceeds from the
certificate-of-need application fees which are sufficient
to maintain the aggregate funding level for the local
health councils and the Statewide Health Council as
specified in the General Appropriations Act. The remain-
ing certificate-of-need application fees shall be used
only for the purpose of administering the Health Facility
and Services Development Act.
(4) DUTIES AND RESPONSIBILITIES OF THE
tDEPARTMENT.-
(a) The tdepartment, in conjunction with the State-
wide Health Council and the local health councils, is
responsible for the planning of all health care services
in the state and for assisting the Statewide Health Coun-
cil in the preparation of the state health plan.
(b) The 'department shall develop and maintain a
comprehensive health care database for the purpose of
health planning and for certificate-of-need determina-
tions. The tdepartment or its contractor is authorized to
require the submission of information from health facili-
ties, health service providers, and licensed health pro-
fessionals which is determined by the 'department,
through rule, to be necessary for meeting the
'department's responsibilities as established in this sec-
tion.
(c) The tdepartment shall assist personnel of the
local health councils in providing an annual orientation
to council members about council member responsibili-
ties.
l,;n. 40ö
Agenda Item No. 9D
(d) The tde~ (ment shall contf.rèf~@b8~tj~ácal
health councils for the services specified IW~ubsec1i~n
(1). All contract funds shall be distributed according to
an allocation plan developed by the 'department that
provides for a minimum and equal funding base for each
local health council. Any remaining funds shall be dis-
tributed based on adjustments for workload. The
tdepartment may also make grants to or reimburse local
health councils from federal funds provided to the state
for activities related to those functions set forth in this
section. The 'department may withhold funds from a
local health councilor cancel its contract with a local
health council which does not meet performance stand-
ards agreed upon by the tdepartment and local health
councils.
HIaIIDry.-1.2O, ell. 87-92; s. 40. cII. 88-380; s. 35. ell. 88-394; s. I, eh. 89--t04;
s.24.en. 89-294: s. 2. en. 89-296: s. I!). ell. 89-!)27; s. 2. ell. 91-48; s.22. en. 91-158:
IS. 2, 104. cII. 91-282; s. !), Ch. 91-429: ss. 15. 17. Ch. 92-33; s. 2. en. 92-174: s.
66. ell. 92-289: s. 22. cII. 93-120; s. II, ell. 93-t29; s. 33. en. 93-206; s. B. eh.
93-267; s. 9. elL 95-144; s. 29. eh. 95-210; s. 3. ell. 95-394.
'NoIe.---loc8I and statewide hællh councils _e tranlfefred Irom the Depart.
ment 01 Health and Rehabilitative Services to the Agency lor Health Care Admintstra·
tion pursuant 10 S. 54. en. 92--326.
.....- The Deputy DinICtor lor Health Policy and Cost Control and the Deputy
Director 10r Health Quality Asslll'llnCe are now located within lhe Agency lor Heallh
Care Adminiatration pwsuanl to s. 20.42.
Noh.-former s. 381.703.
408.034 Duties and responsibilities of department; .
rules.-
(1) The department is designated as the single state
agency to issue, revoke, or deny certificates of need and
to issue, revoke, or deny exemptions from certificate-
of-need review in accordance with the district plans. the
statewide health plan, and present and future federal
and state statutes. The department is designated as the
state health planning agency for purposes of federal
law.
(2) In the exercise of its authority to issue ticenses
to health care facilities and health service providers, as
provided under chapters 393, 395, and 'parts I and V of
chapter 400, the department shall not issue a license to
any health care facility, health service provider, hospice,
or part of a health care facility which fails to receive a
certificate of need for the licensed facility or service.
(3) The department shall establish, by rule, uniform
need methodologies for health services and health facili·
ties. In developing uniform need methodologies, the
department shall, at a minimum, consider the demo-
graphic characteristics of the population, the health sta-
tus of the population, service use patterns, standards
and trends, geographic accessibility. and market eco-
nomics.
(4) The department shall establish by rule a nursing
home bed need methodology which reduces the com-
munity nursing home bed need for the areas of the state
where the department establishes pilot community
diversion programs through the Title XIX aging waiver
program.
(5) The department may adopt rules necessary to
implement ss. 408.031-408.045.
Hi,tory_-s. 2t. CII. 87-92; s. 8. ch. 89-354; s. t. eh. 91-263: s. 15. eh' 92-33; s.
18. cII. 93-2t~: s. 10, eh. 95--144.
'Note.-The relerences to parts I and V of eh. 400 may be erroneous: Ihe parts
in eh. 400 ha... been redesignated incident to the compllaloon of eh. 93-1 n .
Note.-Former I. 381.704.
205
It.L:
Nov 02,94
18 : ~8en~2 rt~~~l 985
February 8, 2005
Page 9 of 13
HEALm PLANNING COUNCIL OF SOUTHWEST FLORIDA, INC.
HEALTH COUNCIL OVERVIEW
The Health Planning Council of Southwest Florida (HPCSWF) is a private not-for-profit
corporation created under Chapter 408.033, Florida Statutes. Based on this statute, the hea1th
council has the following responsibilities:
1. Develop a district plan which shal1 permit each 1oca1 health cauncn to develop
strategies and set priorities for implementation based on its unique local heaJth
needs.
2. Advise the District Administrator of the Department on health care issues and
resource allocation.
3. Promote public awareness of community health needs, empha$izing health
promotion and cost...e.ffective hea1th services.
4. Collect data and conduct analyses and studies related to health care needs of tbe
district, inëluding the needs of medically indigent persons, and assist the
department and other state agencies in carrying out data collection activities.
5. Monitor the onsite construction progress, if any, of certificate-of-nced approved
projects and report council findings to the Agency for Health Care
Administration.
6. Ad~ise and assist Regional Planning Councils within District Eight with the
deve10pment of th~ health element of the RegionaJ Strategic. Policy Plan to
address the health goals and policies in the State Comprehensive Plan.
7. Advise and assist local governments within District Eight on the development of
an optional health plan element of the comprehensive plan provided in Chapter
163 to assure compatibility with the health goats and policies in the State
Comprehensive Plan and District Health Plan.
8. Monitor and evaluate the adeqllacy, appropriateness and effectiveness, with
District Eight of local, state, federal and private funds distributed to meet the
needs of the medically indigent and other undcrserved population groups.
9. In conjunctíon with the Department of Health and Rehabilitative Services, plan
for services at the local level for persons with human immunodeficiency virus.
1
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Nov 02.94
1 8\~~ß: cNœ~ 9~ . 06
February 8, 2005
Page 10 of 13
10. Provide technica1 assistance to encourage and support activities by providers,
purchasers, consumers, and local, regional, and state agencies in meeting the
he4Ùth care goals, objectives, and policies adopted by the local health council.
n . Provide th~ Agency for Health Care Administration with data required by rule for
the review of certificare-of-need applications and the projection of need for health
services and facilities in District Eight (including public hearings).
12. Conduct public hearings as requested by the Agency for Health em
Administration.
BOARD OF DIRECTORS
The ma1ce~up of the Board of DirectOrs is mandated by both the Florida Statute and the By-Laws
of the HPCSWF. The Board of Directors is composed of 12 persons who hold appointments
for two years and are eligible for reappointment. Persons are appointed to the board in an
equitable manner by the Board of County Commissioners having jurisdiction in the seven
counties of District Eight Each county in the district is entitled to at least one member on the
Board. The balance of the membership on the Board of Directors is allocated among the
counties of the district on the basis of population rounded to the nearest whole number.
Appointees are representatives of heaJth care providers, health care purchasers and
nongovernmental health care consumers, not excluding elected government officials. The
majority of the board consists of health care purchasers and health care consumers.
ONGOING PROJECTS
1. Data Collection. The HPCSWP collects the following sets of data on a monthly
basis from facilities in District Eight:
a. Hospital uti1ization
b. Nursing Home utilization
c. Emergency Room utilization
d. Information on various hospital departments such as:
1) General Hospital services
2) Neonatal Intensive Care
3) Obstetrical services
4) Rehabilitation
5) Substance Abuse
6) Psychiatric services
e. Data on Nursing Home utilization (both hospital-based and free· standing)
f. (Hospice data is conected twice per Ye4f.)
2
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Nov 02,94
1 ~:gèad¡:N t.enON* 90.07
F.ebruary 8, 2005
Page 11 of 13
2. Distribution of Health Care InfonnaUon Brod1ures
3. Providing input on various c.ommlttees 'n District Eiaht, Including:
American College of Health Care Executives
Area Agency on Aging of South Centrai Florida, Inc.
Big Brother/Big Sisters
Charlotte County Indigent Health Care Task Force
Coalition for a Drug Free Lee County
Collier Community Health Planning Council
CoUier Perinatal Advisory Coalition
Community Coordinating Council of Lee County
DeSoto Memorial Hospital Board of Directors
Plorida Association of HcaJth Planning Agencies
Florida First Capitol Pinancial Corporation
Plorida Rural Health Association
Greater Fort Myers Chamber of Commerce
Health Advisory Boards for state and federal legislawrs
Heallh Education Council of Southwest Florida
Healthy Start Coa1ition of Southwest Florida. Inc.
RRS Health and Human Serviœs Board
HRS Human Rights Advocacy Committee (DS)
Leadership Lee County
Lee We Care Advisory Board
Lee Healthy Start Network
Naples Alliance for Children
North Port Chamber of Commerce
Redlands Christian Migrant Association
Sarasota County Health Care Coordination Advisory Council
Southwest AIDS Network (SWAN)
a. Community Planning Partnership Committee
Southwest Florida Private Illduslry Council
Venice Economic Development Board
South County Service Center
4. Special Studies on specinc health areas. Past studies have included:
Special Study on Health Care Access (Uninsured and Underinsured)
The Health of Southwest Florida (Bight Leading Causes of Death in D8)
Indigent Care (Primary Care Sought in 5 District Hospital Emergency Depts)
AIDS: The HIV Epidemic
Primary Care Services Study (Collier County)
5, Coordination of effort. The Health Planning Council of Southwest Florida
coordinated the initial organization of the Hoalthy Start Coalition of Southwest
Florida, Inc. and staffed the coalition for its first year of operation.
3
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10 ;U'.:I l"'Iü .UL~Ô r Uö
Agenda Item No. 91)
February 8, 2005
Page 12 of 13
-.
6. Users of the Health Planning Council of South west Florida '5 data and reportl
Include, among others:
Acute care hospitals
Psychiatric hospitals
Primary care facilities
Home health agencies
Nursing Homes
Local medical societies
Health care amances
Community health centers
Community coordinating/planning councils
Consultants
Consumers
Educators
Students
Florida Agency for Health Care Administration
Florida Department of HeaJth and Rehabilitatiye Services
Florida State Le,islators
Other local health councils
4
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(-
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Agenda Item No. 9D
February 8, 2005
Page 13 of 13
Health Planning Council of Southwest Florida, Inc.
12811 Ken~ood Lane, suite 105
Fort Myers, Florida 33907
Definitions for appoint;nent (sour:;e: Chapter 10-5.002, Florida
Administrative Codes)
Health Care Provider· an indiviåaul Yho delive~s health se~vices
or who is a member of an organization that delivers health
services. Health care providers include but are net limited to
physicians, medical doctors, osteopaths, dentl.:¡ts, podiat.rists,
nurses, chiropractors / physician assistant.s, dßn':al assistants,
mental health professionals and other allied health professionals,
administrators and employees of health care institutions.
Health care purohaser - an individual who is responsible for or an
authorized member of an organi~ation or agency ~hich is responsible
for the purchasing of health services for a group of 25 or more
individuals whether directly or through acquisition of health
insurance covctrage. Heal th care purchasers as describect above
include, but are not limited to representatives of individual
businesses, employer coalitions, governmental units, labor
orbanizations, consumer groups and health insurers.
Consumer - an individual who is not a health care P~ovider or a
health care Purchaser.
~ ~.W- 11'lSH<-
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EXECUTIVE SUMMARY
Agenda Item No. 9E
February 8, 2005
Page 1 of 12
--
APPOINTMENT OF MEMBER(S}TO THE LffiR.A:RY ADVISORY BOARD
OBJECTIVE: To appoint 1 member to serve a 4-year term, expiring on December 31, 2008, to
the Library Advisory Board.
CONSIDERATIONS: The Library Advisory Board has I term expire on December 31,2004,
representing Commission District 5. This 5-member board acts on behalf of the Board of County
Commissioners to establish policies of the Library Deparbnent including, but not limited to,
policies relating to materials acquisition and circulation, collection development, and eligibìlity
of individuals for library services. They also act in an advisory capacity to the Board of County
Commissioners for all Library Department issues regarding the establishment of fees, the budget,
capital planning, staffing levels, and other library related programs. A list of the current
membership is included in the backup.
The tenn for Diane WìI1iams expired on December 31, 2004. A press release was issued and
resumes were received from the following 3 interested citizens:
APPLICANT
CATEGORY
mn ELECTOR AnV. COMM.
Elisabeth (Libby) Anderson Commission Dis1rict 4 Yes None
Karen J. Louwsma Commission Dis1rict 5 Yes None
John Arena Commission Dis1rict 5 Yes None
,-
COMMITIEE RECOMMENDATION:
Karen J. Louwsma
~SCALIMPACT: NONE
GROWfH MANAGEMENT IMPACT: NONE .
RECOMMENDA TJON: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confinning the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: FEBRUARY 8, 2005
-
Agenda Item No. 9E
February 8, 2005
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
9E
Meeting Date
Appointment of member to the Library Advisory Board.
2/8/20059:0000 AM
Prepared By
Date
Sue Filson
Executive Manager to the BCC
1/27/20051 :27:07 PM
Board of County
Commissioners
Bce Office
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/31/20055:17 PM
Agenda Item No. 9E
February 8, 2005
Page 3 of 12
January 26, 2005
Ms. Sue Filson
Board of County Commissioners
3301 EastTamiami Trail
Naples, FL 34112
RE: Library Advisory Board
Dear Ms. Filson:
The Library Advisory Board met January 26, 2005 for our monthly meeting. During this
meeting, we reviewed the applications/resumes for the above-referenced advisory
committee. The Library Advisory Board recommends that Karen J. Louwsma from
Everglades City, be appointed to the Board to represent District 5.
Thank you for your assistance.
Sincerely,
Q~~~
Doris J. Lewis
LAB, Chair
645 Yucca Road
Naples, FL 34102
239-253-9241
I
i
I Agenda Item No. 9E
February 8, 2005
Page 4 of 12
1
--- .
Library Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Doris J. Lewis 403-6702 01/14/97 12/31/00 4 Years
645 Yucca Road 261-8754 12/14/04 12/31108 4 Years
Naples, FL 34102
E-Mail:
District: 4
Category:
Mr. Andrew H. Reiss 261-9300 01/13/04 12/31/04 1 Year
7085 Timberland Circle 596-2187 12/14/04 12/31/08 4 Years
Naples, FL 34109
E-Mail: ahreisS@napleslaw.com
District: 2
Category:
Ms. Diane Williams 06/17/97 12/31/00 4 Years /
.---- 451 Widgeon Pt. 213-1396 01/09/01 12/31/04 4 Years
Naples, FL 34105
E-Mail:
District: 5
Category:
Ms. Loretta Murray 01/13/04 12/31/06 3 Years
9087 Michael Circle, # 1 417-9915
Naples, FL 34113
E-Mail: bobsails@msn.com
District: 1
Category:
Ms. Sabina Musci 643-2324 12/13/94 12/31/98 4 Years
4470 32nd Avenue, S.W. 12/17/02 12/31/06 4 Years
Naples, FL 34116
E-Mail:
District: 3
Category:
..--
Wednesday, December 15,2004 Page 10/2
-
Agenda Item No. 9E
February 8, 2005
Page 5 of 12
Library Advisory Board
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 5 member committee was created by Ord. No. 88-71 to advise the Board d County
Commissioners on the operations and proposed budget for the Collier County Ubrary System.
Members are composed d 5 members representing the 5 commissiOn districts. Terms are 4
years.
FL STAT
Staff: Marilyn Matthes, Ubrary Director: 174-8486
~.-.,
Wednesday, December 15, 2004
Page2of2
MEMORANDUM
Agenda Item No. 9E
February 8, 2005
Page 6 of 12
DATE:
December 13, 2004
Elections Office ~
Sue Filson, Executive Manag .
Board of County Commissio r
TO:
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuaJs for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
LIBRARY ADVISORY COMMITTEE
COMMISSION DISTRICT
Elisabeth (Libby) Anderson
1157 Westlake
Naples, FL 34103
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Karen J. Louwsma
403 Allen Avenue
Everglades City, FL 34139
John Arena
1120 19m St., S.W.
Naples, FL 34117
jt;;
>
'Thank you for your help.
RECEIVED
DEC ¡ 'i 200~
ßoard of ;.ounL¡ "omrn15~ IOller:
MEMORANDUM
Agenda Item No. 9E
February 8. 2005
Page 7 of 12
DATE:
December 13, 2004
TO:
Marilyn Matthes, Library Direct~
Sue Filson, Executive Manag
Board of County Commissione .
FROM:
RE:
Library Advisory Board
As you know, we currently have a vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Elisabeth (Libby) Anderson
1157 Westlake
Naples, FL 34103
Karen J. Louwsma
403 Allen Avenue
Everglades City, FL 34139
John Arena
1120 19th St., S.W.
Naples, FL 34117
...~....-
Please let me knoW, in writIDg, the recommendation for appointment of the advisory committee
within the 41 cÍay time-frame, and I will prepare an executive summary for the Board's consideration.
Pleåse categorize the applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
Attachments
Dee 10 04 03:15p
Libb~ Ande....son
239-430-2307
Agenda ItemJl'.Jú.19E
February 8, 2005
Page 8 of 12
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PI6œ -.:II tIIIY-uhI"""¡ IIfff/l"llllltløaYØII/M~ Ði:r w~v- ø-¡,¡ 6eþrwøwl1tJ III SIre FIbM. ~ M...".,
tø tll~ s-d qf'CÐIUIIy C.~, JJ() EM' T..... T1YIiJ. NQ ÞIa. FL'uJ lZ Q,_...... pI_fllXytJII' tI I IIktIlløø 10
(2~)"~..J682 or-.ll to .~"l!fíl'''''''¡'''·I'¡/jt!f'!·tJ'·.nt'l 'l7Iøllkytlllfør YIfIirIIrhfftri. tø _ tbe __ IIfC"'" C""IU)!.
Dee 10 04 03:1Sp
Libb~ Anderson
239-430-2307
Agenda ltemfNtJ?9E
February 8, 2005
Page 9 of 12
~
Libby Anderson SPHR
1157 Westlake Blvd. - Nap[es. FL 34103
239-262-3318
Summa" of Qualifications
1 II years professional Human Resoun;e Management experience in world-cLass OrganizatioDS ranging fi-om
hospitality to healthcarc. Areas of expertise include selection, employee relations, organizational
development, succession planning, compliance, and strategic processes.
Emplovmeot Experience
EDA Hnman Resource Services: President 9/98-present
Offering ful1 service HR consuhing and customized training to businesses on a retainer or by the project.
Clients range from small business needing help with compliance issues to companies of over 2500 who
have special projects, training, or other HR consulting needs. Further information available at
www.edahr.com
Regal MaxweU House Hotel: Human Resource Director 3/96-6/97
In an area of extremely low unemployment, implemented innovative retention programs and progressive
recruiting initiatives. Reorganized and restructured HR. function to insure compliance and efficiency.
Cellla Ho11U!3: Management Trainee 3/95-7/95
Provided HR guidance as well as trained in the Sales aspect of real estate construction and development.
Jacobson's ¡nc.: Director of PersollDel 9/92-3195
Received "Best of tile Best" award for the Florida Region for outstanding perfonnance. Part of the opening
team of the most successful stDre in the chain. Day to day respoDSibilities included all HR functioDS.
Samtlrltøn PhyskÚDI'S Cenler: Director or Hnman Resoun:es 1191-9/91
Served as HR. Generalist for 2 multi-specialty facilities. Selecœd for placement on formal HR succession
plan for the Samaritan Foundation, the corporate entity with 12,000 staff.
The RiIz-Carlton Hotel COIIIJHI1'Y: 11/85-11/90
Assistant Director ofHlIman Resources
Supervised all areas of HR and staff at the Ritz-Carlton. Naples in the Director's absence
Corporate Human Resource Director
Served as HR Director for the corporate staff and liased with other Company fIR. Directors.
Training Manager
Initiated all of the original training projects at The Ritz-Carlton, Naples, including a two-day new employee
orientation program.
Employment Manager
Interviewed all walk-in applicants and detennined employability based on rigid standards. Coordinated aU
internal postings and transfers.
Employee Benefits Manager
Coordinated employee events, newsletter and all insunmccs inc1uding worker's compensation
Educatiol1
M.S. Human Resource Development, Barry University, anticipated graduation 2005
B.S. Speech Communications, Iowa State University
Certified., Senior Professional Human Rcsowccs
Volunteer Activities
Naples Area Chamber Leadership Collier class of 200 I
Feature writer: GulfShore Business
President, HR Florida State Council
Certified Business Analyst, Small Business Development Center of Florida Gulf Coast University
I
..:-
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filson_s
Agenda Item No. 9E
February 8, 2005
Page 10 of 12
From: advisoryboardS@colliergov.net
Sent: Monday, December 06, 2004 11 :04 AM
To: fi Iso o_s
Subject: New On-line Advisory Board Application Subnitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
.«" A.:-t~' ¡' /
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.~ '. . -f .... ~ /
Fax Number: No information provided. Business Phone: 239-695-4299
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
December 06,2004
Application for Advisory Committees I Boards
Name: Karen J. louwsma Home Phone: 239-695-3342
Home Address: 403 Allen Avenue
City: Everglades City Zip Code: 34139-0236
Email Address:Kjoy757@aol.com
Place of Employment: Glades Realty, Everglades City
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: library Advisory Board
Category: (if applicable) District 5
Do you currently hold public office? No
12/6/2004
Agenda Item No. 9E
February 8, 2005
Page 11 of 12
-
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
I sat on the MPO as the representative for the City of
Everglades City when I was on the city council.
Please list your community activities:
City Council Member, Everglades City (1997-2001)
[elected position] President of the Everglades City School
Athletic Booster Club (2000-2002) Member, Everglades
City Beautification Committee (2001-2003)
Education:
B.A. from Hope College, Holland, MI
-
Experience I Background:
I have been using the CCPL since I moved to the county
in 1983 and greatly increased my visits once I had
children. The children's room at the main branch on
Central Avenue was one of my regular stops when in
Naples as at that time the local branch in Everglades City
was neglible. I appreciate the many improvements to the
system, both locally and elsewhere, and have used many
of the library's services, including computers and the
website. My family includes 3 children (ages 10 to 17) and
we check out a lot of books for pleasure and research
over the span of a year. I consider myself an above
average user of the CCPL but also a resident of an area
that really needs the services offered. Due to the great
distance to the main branch for residents of District 5,
services in our branches are especially important.
e
12/6/2004
Agenda Item No. 9E
February 8, 2005
Page 12 of 12
filson_s
_ From: advisoryboards@colliergov.net
Sent: Saturday, November 27,20047:23 PM
To: filson_s
Cc: RegulaJason
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
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November 27. 2004
Application for Advisory Committees I Boards
Name: John Arena Home Phone: 239-«>4-8898
Home Address: 1120 19th st sw
city: naples Zip Code: 34117
-e
Fax Number: No infonnation provided. Business Phone: 239-793-9300
ErMII Address: arena1916@earthlink.net
Board I Committee Applied for: ~e Of land Committee
Category: (if applicable) No Infonnation provided.
Are you a registered voter in Collier County? Yes
Do you currently hold public oftice? No
Do you now serve, or haw you served on . Collier County board or No
committee?
Please list your community activities:
coaeh parks and ree. Sherill's Office Benefits Comittee and Jail Enhancement Comittee
Education:
SW Florida Criminal Justice Academy SW Florida Public Safety Academy
Experience I Bilckground:
Deputy Sherlft', Law Enforcement and Corrections
-
11/29/2004
EXECUTIVESI1MMARY
Agenda Item No. 9F
February 8,2005
Page 1 of 16
.-
APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE EN:1;'ERPRISEZONE
DEVELOPMENTA(JENÇy
OBJECTIVE: To appoint 1 member to represent "a nonprofit community-based organization
operating within the nominated Enterprise Zone" to fulfil] the remainder of a vacant tenn,
expiring on April 4, 2007, to the Immokalee Enterprise Zone Development Agency.
CONSIDERATIONS: The Immokalee Enterprise Zone Development Agency has 1 vacancy
due to a resignation with the term expiring on Apri14, 2007. This 13-member committee was
created on March 28, 1995, by Ordinance 95-22 to induce private investment into distressed
areas to create economic opportunities and sustainable economic development for designated
areas. To permit Collier County to participate in this program, the Board of County
Commissioners nominated the Immokalee Community to be considered. by the Florida
Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, approved
March 28, 1995. As part of the formal application for an Entetprise Zone, the State required that
a committee consisting of a broad base of citizens be established. The committee has
representation from the Chamber of Commerce, financial or insurance entities, businesses
operating within the nominated area, residents living within the nominated area, nonprofit
community-based organizations operating within the nominated area, local private industry
council, local code enforcement agency, and local law enforcement agency. A list of the current
membership is included in the backup.
.-
Mr. H.B. (Benny) Starling, Jr. (representing the Chamber of Commerce) resigned on October 15,
2004. A press release was issued and resumes were received from the following 3 interested.
citizens:
APPLICANT
CATEGORY
mn ELECTOR ADV. COMM.
Nicole Fernandez Resident 5 Yes None
Julio Estremera Resident 2 Yes None
Ana Salazar Nonprofit Community-based Resides in No None
organization operating with the Ft. Myers
nominated Enterorise Zone
COMMITTEE RECOMMENDATION: Ana Salazar, Nonprofit Community-based
organization operating with the nominated. Enterprise Zone.
Ms. Sonya L. Tuten (currently serving as: business in area) will become the representative for
the Chamber of COmÌnerce.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a reso]ution confinning the appointment.
-
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: FEBRUARY 8, 2005
.----."".<"'.'"
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Agenda Item No. 9F
February 8, 2005
Page 2 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
9F
Meeting Date
Appointment of member to the Immokalee Enterprise Zone Development Agency.
2/8/20059:00:00 AM
Prepared By
Date
Sue Filson
Executive Manager to the BCC
1127120051 :27:07 PM
Board of County
Commissioners
BCC Office
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
211/2005 8:55 AM
Agenda Item No, 9F
February 8, 2005
Page 3 of 16
c ~~-y C ~-u........"ty
DATE:
January 31, 2005
FROM:
Sue Filson, Executive Manager to the BCC
John-David Moss, AICP, Senior Planner
TO:
RE:
Immokalee Local Redevelopment Advisory Board
Sue,
This is to notify you that the Immokalee Local Redevelopment Advisory Board has
recommended Ana Salazar for the vacant position. If she is appointed by the CRA, Ms.
Salazar will represent the category" representative from a nonprofit community-based
organization operating within the nominated Enterprise Zone."
Two others also applied for the position: Nicole Femandez and Julio Estremera, both of
whom were qualified in the "resident" category.
Plea..,e let me know if you have any questions.
Sincerely,
John-David
Agenda Item No. 9F
February 8, 2005
Page 4 of 16
filson_s
From: MossJohndavid
Sent: Thursday, December 02,20049:04 AM
To: filson_s
Subject: FW: Immokalee Chamber.....
Sue,
Here's the letter from Benny.
Thanks,
John-David Moss, AICP
Senior Planner, Comprehensive Planning
Community Developm/mt & E",lirolfmenft¡1 Senim
2800 Horseshoe Drivt N, Napks, FL 34104
teL 239.213.2944
fax 239.213-2946
----Original Message----
From: HBStarling@aol.com [mailto:HBStarling@aol.com]
Sent: Thursday, December 02,20048:44 AM
To: MossJohndavid
Subject: Immokalee Chamber.....
John David the Icec would like to recommend Sonya Tuten to represent the Chamber on the CRA Board. Her
phone number is 239-657-5519...addresss P.O. Box 5241, Immokalee, Fl. 34143. Please contact me if you need
any other information. Thanks, Benny
12/2/2004
Agenda Item No. 9F
February 8, 2005
Page 5 of 16
~
Immokalee Enterprise Zone Development Agency
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Fred N. Thomas, Jr. 657-3649 04/04/95 04/04196 1 Year
1800 Farm Worker Way 09/11/0 I 04/04/05 4 Years
Immokalee, FL 34142
E-Mail:
District: 5
Category: Resident in Zone
Mr. Richard Heers 229-9970 09/21104 04/04/07 3 Years
507 N. 18th Street 657-4524
Immokalee, FL 34142
E-Mail: rkheers2u@aol.com
District: 5
Category: Resident of Zone
Mr. Ira J. Malamut 658-3560 03/23/99 04/04/03 4 Years
11990 Wedge Drive 04/08/03 04/04/07 4 Years
,.--'
Ft. Myers, FL 33913
E-Mail:
District:
Category: Non-profit Organization
Ms. Sonya L. Tuten 657-5519 09/21104 04/04107 3 Years
1292 CR 830 825-4965
Felda, FL 33930
E-Mail: agtronix.@aol.com
District: ~
Category: ~ t'~nc.
Mr. Raymond T. Holland 657-3171 04/01197 04/04/01 4 Years
P.O. Box 5325 657-4568 09/11/01 04/04/05 4 Years
Immokalee, FL 34143
E-Mail:
District: 5
Category: Finanical Entity
,.--'
Tuesday, October 19, 2004
Page 1 of4
Agenda Item No. 9F
February 8, 2005
Page 6 of 16
Immokalee Enterprise Zone Development Agency
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ntlExpDate 2nd Term
Ms. Clara Ayala 348-7221 04/09/02 04/09105 3 Years
5720 Copper Leaf Lane 348-8790
Naples, FL 34116
E-Mail:
District: 3
Category: Local Business in the Zone
Mr. Floyd Crews 657-2429 11/24/98 04/04/99 4 Months
P.O. Box 5157 657-2370 04/08/03 04/04/07 4 Years
ImmokaJee. FL 34143
E-Mail:
District: 5
Category: Residentlbusiness
I Mr. Robert W. Soter 992-8000 09/21/04 04/04/07 3 Years
1- 6209 Emerald Pines Circle 561"()154
.'-- Ft. Myers. FL 33912
E-Mail: rsoter@sfedb.org
District:
Category: Private Industry CounciJ
~
Mr. Charlie Esquivel 825-3591 04109102 04/04106 4 Years
703 Taylor Lane ;.r?' 368-6827
Lehigh. FL 33936
E-Mail:
District:
Category: Local Business in the Zone
Mr. H. B. (Benny) Starling. Jr. 657-3237 06111102 04/04/03 10 Mos.
720 N. 15th Street <) 657-7197 04I08I03 04/04107 4 Years
Immokalee. FL 34142 re5ltJnetR
E-Mail: 10' IS -Df.{
District: 5
Category: Chamber of Commerce
--.
Tuesday, October 19,2004
Page 2 of 4
Agenda Item No. 9F
February 8, 2005
Page 7 of 16
r- Immokalee Enterprise Zone Development Agency
NIInU! Work Phone Appt'd Exp. Date Term
Home Phone DateR~ppt 2ndExpDate 2nd Term
Sgt. James Mansberger 774-4434 04I08I03 04104106 3 Years
3301 E. Tamiami Trail
Naples, FL 34112
E-Mail:
District:
Category: Local Law Enforcement
Mr. GaryD. Holloway 658-3338 10/14/03 04/04/07 4 Years
2745 Cambridge Court 657-2706
Immokalee, FL 34142
E-Mail: gary44mcanes@yahoo.com
District: 5
Category: Resident In Zone
Ms. Cristina Perez 657-3143 09/21/04 04/04/07 3 Years
1106 Christian Terrace 657-5755
/ Imß1ok~,FL 34142
E-Mail:
District:
Category: Local Code Enforcement
Ms. Denise 818nton 353-4244 12/09/97 00/00/00 unlimited
14700 Immokalee Road
Irnmokalee, FL 34120
E-Mail:
District: 5
Category: non-voting ex-officio member
658-1313 12/J4/99 12/14/04
. orityÆX OFFICIO
--- ,
Tuesday, October 19, 2004
Page30f4
Agenda Item No. 9F
February 8, 2005
Page 8 of 16
r--.,
Immokalee Enterprise Zone Development Agency
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appl 2ndExpDate 2nd Term
This 13 member canmittee was CI8IIt8d on April 4, 1995, by Ord. No. 95-22 to induce private
investment into di8lreJled .... to CI88te economic opportunities and 8U8tainabfe eoollomic
development for designated __ Initial members went appointed by Resolution No. 95-249.
To permit Cdlier Ccu1ty to p8ticipat8 in this PI'OQIWI1, the &o.d of County Commiseioners
nominated the ImmokBlee Community to be conside",d by the Fl Dept. of Commerce for
Enterprise Zone c:Ie8ign8Øon in Reso. No. 95-248, appruved March 28, 1995. AIs pert of the
rorrn.a app for an EZ, the State AJqUired that 8 canmllfBe c::onsi8Ung of 8 broad ~ of citizens
be eeIabIi8hed. The committee has reprïllSnbItion from the Chømber of CommefOe, fiœnciaf
or insurance entities., bLlline1888 operating within the nominated area, residents, nonprofit
community-baaed organizations, local private industry council, local code ~œment agency,
and local law enforcemðnt agency. Amended by Old. No. 97-81 Tenns... 4 yeBnI. This
committee atso serves as the Immokalee Redevelopment Board.
/,-- FL STAT 290.001- 290.016
stoff: John-David Moss. Senior Planner, Camp Planning: 213--2944
Tuesday, October 19, 2004
Page 4 of4
Agenda Item No. 9F
February 8, 2005
Page 9 of 16
MEMORANDUM
DATE: December 28, 2004
FROM: Sue Filson, Executive Manager
Board of County Commissione
TO: Elections Office
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
IMMOKALEE EZDA
COMMISSION DISTRICT
Julio Estremera
10220 Boca Circle
Naples, FL 34109
fs
fts
~
Nicole Fernandez
9330 Marino Circle, Apt. 205
Naples, FL 34114
?-
S'O~
Ana Salazar c(). \ \ ¿ ~/~~ ß
1107 Bard Court tg5
Fort Myers, FL 33913
rJJ
Thank you for your help.
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MEMORANDUM
Agenda Item No. 9F
February 8, 2005
Page 10 of 16
DATE:
December 28, 2004
John-David Moss, Senior Planne~
Sue Filson, Executive Manager
Board of County Commissione ..
TO:
FROM:
RE:
Immokalee Enterprize Zone Development Agency
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this connnittee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Nicole Fernandez
9330 Marino Circle, Apt. 205
Naples, FL 34114
Julio Estremera
10220 Boca Circle
Naples, FL 34109
Ana SaJazar
1107 Bard Court
Fort Myers, FL 33913
..",....
Please let me know, in writing, the recommendation for appointment of the advisory: committee
within the 41 day &ne-ftame, and I will prepare an executive summary for the Board's consideration.
Please categorize the app6cants in areas of expertise. If you have any questions, please call me at
774:-8097.
Thank you for your attention to this matter.
SF
Attachnients
-
-
Agenda Item No. 9F
February 8, 2005
Page 11 of 16
filson_s
From: advisoryboards@colliergov .net
Sent: Tuesday, December 07,20045:26 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
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December 07,2004
Application for Advisory Committees I Boards
Name: Nicole Femandez Home Phone: 239-774-0395
Home Address: 9330 Marino Circle Apt 205
City: Naples Zip Code: 34114
Fax Number: 239-649-4909 Business Phone: 239-649-4040
Email Address:nicolefemandez@Wilsonmiller.com
Place of Employment: WilsonMiller
How long have you lived in Collier County? 1-2 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Immokalee CRA & Enterprise
Advisory Board
Category: (if applicable) No information provided.
--
Do you currently hold public office? No
12/8/2004
Agenda Item No. 9F
February 8, 2005
Page 12 of 16
-
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
FAPA Member FPZA Member Toasmasters VP of
Membership Volunteer to Hospice of Naples
Education:
Masters in Urban & Regional Planning from FSU Bachelor
of Arts in Political Science from UCF Minor in French
Experience I Background:
I have been a Planner with WilsonMiller for the past 1
year. My local planning experience involves work in
applying Rural Lands Stewardship Area policies and
stewardship credit analyses, rezoning, due diligence
studies, planning research and analysis, etc. I speak fluent
Spanish and have knowledge of French (studied it for 8
years).
-e
-
12/8/2004
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filson_s
Agenda Item No. 9F
February 8, 2005
Page 13 of 16
From: advisoryboards@colliergov.net
Sent: Thursday, December 02, 20041:32 PM
To: filson_s
Subject: New On-tine Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
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Fax Number: 239-658-3355 Business Phone: 239-658-3327
Place of Employment: Florida Gulf Coast University I SBDC
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Board f Committee Applied for: Immokalee Enterprise Zone
Development Board
December 02, 2004
Application for Advisory Committees I Boards
Name: Julio Estremera Home Phone: 239-594-8073
Home Address: 10220 Boca Cir
City: Naples Zip Code: 34109
Email Address: jestreme@fgcu.edu
Are you a registered voter in Collier County? Yes
Category: (if applicable) No information provided.
-
Do you currently hold public office? No
12/2/2004
Agenda Item No. 9F
February 8, 2005
Page 14 of 16
e
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Board Member for The Amigo Center Past Member
Immokalee Rotary Club Chairperson 2004 Immokalee
Career & Service Center Facility Manager 2002-2004
Immokalee Career & Service Center Business
ConsultanVCollier & Lee County Hispanic Chambers of
Commerce
Education:
Some college no degree Certified Business Analyst I
Florida Gulf Coast University Small Business
Development Center
Experience I Background:
Business owner for 15 years Business Consultant for 10
years Business Administrator/Manager 10 years
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12/2/2004
--
--
filson_s
Agenda Item No. 9F
February 8, 2005
Page 15 of 16
From: advisoryboards@colliergov.net
Sent: Monday, November 29, 2004 9:47 AM
To: filson_s
Cc: RegulaJason
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples. FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
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No
November 29, 2004
Application for Advisory Committees I Boards
Name: Ana Salazar Home Phone: 239-30~0737
Home Address: 1107 Bard ct
City: Fort Myers Zip Code: 33913
Fax Number: 239-657-3084 Business Phone: 239-658-3318
Emall Address:ana_salazar@earthlink.net
BOiIrd I C...."nittee Applied for: CRA
Category: (If applicable) No Infonnation provided.
Are you a registered voter in Collier Cowrty? No
Do you currently hold public office? No
Do you now serve, or have you served on a Collier County board or
commtttee?
Please list your community activities:
Immolœlee \Need and Seed Immokalee Neighborhood Restoration Prevention,
Intervetion. and Treatment Sub Committee Kiwanis of Immokalee Immokalee
Interagency Parent Advisory Board at Guadalupe Center SAC at Immokalee Middle
School
Education:
Edison Community College- Accounting
-
Experience I Background:
One year in Low Income housing One year in credit counseling Four years in
Community Service Five years employed In Govennent Programs
11/29/2004
Agenda Item No. 9F
February 8, 2005
Page 16 of 16
--
Served on this Board for two years. Was It YMCA Direåor for twenty two years, and am
currently serving (since June. 1995) as Executive Direåor of the United Way of Collier
County
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Agenda Item No. 9$
February 8, 200p
AgenlSa IitiiwNd?WJ,i>
January 25, 2005'
Page 1 of 3D¡
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ME MORANDU. M
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DATE:
Jmuary 11. 2005
TO:
FROM:
Board·ofCounty·Cnnnni-';cmers
Tom Hennin¡ . ':
Commissioner. DiIcrict 3
SUBJECT: . PeJican Bay A:lmaation
-.
In RNiewing tho Pelican Bay Am1.exation œport. I would like·to bring to discussiÒD
several poinD iDcludcdin thtrreport.
Pint, the Naples City Manager. Dr. Robert Lee. in therepot't. HMDCI that Collier
County will contift1} ~Uy operatelDd m~m tho park witbio U. Pelican Bay
Community., However, Co1lierCountyçurrentJ.ydoes DOt ~ my parb that are
located w:itbin a municipality; t.., MackIe Pade onMaroo '~In the past, we hav&
tumodover the fâcilities to the~ emît)r as their 0WI).1ëIpøJØibility.
Second, as I have providedfor)ou. you: win., that 1he~ Water Qrrlin-œ .
providea for ~ n!JIIidenh: in theum~~ InIIIS qfÇn1ti~fG9uDtY. With the
dcmumd for aft1ucmt water by theIe areas of Collier CoUllty IDdthe respon&JDiJity of
.providin¡.it, I 1111 confident we are DOt interested in providiDa this lerrice for City of
Naplcs· residents. .
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It is my reCJ.uest. that the BCC wiD discga IIDCI din:ct the Chair to ..cI a letter to the
City of Naples apressin¡ theseJDIUa'B repntiDg the .~ of Pelican Bay:
Collier CoUDtywiJ1 no longer mIÙ'!taiDthe park, as the City 9fNapJes baa their own
Pariœ and Roc Department. nor ÍII'C we interested in provilia¡the service of aftluant
water.
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Agenda Item No. 98
Fe bruary 8, 2005
Agend~ ~@f9JB)
January 25, 2005
Page 2 of 30
..
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Memorandum
To:
From:
Dr. Robert E. Lee, c~~~
Jame~(:to/MM.ger
January 14, 2005
Date:
Subject:
Pelican Bay Annexation
~.
Yesterday afternoon I received a copy of your January 12,2005 memorandum to the Naples City Council
transmitting answers prepared by the City's Special Outside Counsel to previous questions the City
Council had raised regarding the potential Pelican Bay Annexation. I very much appreciated the
opportunity to review this information and have asked the County Attorney's Office to review the
materials as well. While I found much of the information informative and accurate, there were several
opinions and conclusions provided by Counsel that the County, upon preliminary review, frods
questionable.
One area of apparent disagreement involves the issue of reclaimed water. Enclosed please find a
memorandum from Assistant County Attorney, Thomas Palmer, which challenges the City's position on
this important issue. In addition, the County continues to research the important issue of beach access in
Pelican Bay, especially since the County owns a substantial amount of land in Pelican Bay directly
adjacent to the public beach. In that regard, YOUf attorney makes a reference in his beach access cpinion
to the "Foundation property adjacent to the beach, ...". Could you please identify the property to which
he is referring?
While this is by no means intended to be a complete or comprehensive response to the information you
provided, I wanted to provide some preliminary concerns in advance of your January 18,2005 City
Council workshop so you may communicate them to the City Council during your presentation of this
item.
I look forward to a continued professional and constroctive dialog on. this matter.
Sincerely,
James V. Mudd
County Manager
.
Office of the County Manager
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Agenda Item No. 9G
February 8, 2005
Agenda I~fij~_ g830
January 25, 2005
Page 3 of 30
MEMORANDUM
1.1
DATE:-
January 14, 2005
Jim Mudd~ County Manager
Thomas C. Palmer, Assistant County Attorney lPr...... P ~
TO:
FROM:
RE City of Naples ("Cit}l')/Pelican Bay Annexation - Public Utility
Issues
I have reviewed a 3-page memorandum addressed to Robert E. Lee, City
- .
Manager, titled CITY OF NAPLES, INTER-OFFICE CORRESPONDENCE,
NO. 2005-004, dated January 10, 2005, written by Samuel S. Goren and
David N. Tolces.
That memorandum opines that the Collier County Water-Sewer District
("Districf') cannot discontinue providing reclaimed water to any of its .
reclaimed water customers in the Pelican Bay geographic areas in the
event such areas are hereafter annexed into the City of Naples, unless the
District and the City mutually agree to transfer such "responsibility" to the
City, or until Chapter 2003-353, Laws of Florida (the District's Special Act)
is amended. -
The issue is: Except for the District1s reclaimed water customer that has
entered into a multi-year agreement with the District that contractually
obligates said customer tQ receive reclaimed water from the District, can
the District lawfully discontinue providing reclaimed water to itS other
reclaimed water customers in Pelican Bay geographic areas in the event
the respective customer's site is hereafter incorporated into the City of
Naples?
The referenced 'memorandum does not change my opinion. It is my opinion
that as to all parts of the Pelican Bay area hereafter annexed into the City
of Naples, if any, and without agreement with or permission from the City,
and without need to amend Chapter 2003-353, laWs of Florida, the Oi strict
can lawfully discontinue providing reclaimed water service to àll reclaimed
water customers in all such hereafter annexed areas, excepting only the
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Agenda Item No. 9G
February 8, 2005
Agend~ Þ4cvf9B)
January 25,2005
Page 4 of 30
-
/. reclaimed water customer that has a long-term reclaimed water agreement
with the District, which agreement contractually obligates that customer to
receive reclaimed water from the District for specified time periods. .
00: David C. Weigel, County Attorney
h:tcplMemo 04/ City of Naples ("Clty"}/Pelican Bay Annexation - Public UtIlIty Issues 1-14-05
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At a recent Council meeting, several questions were raised regarding the Pelican Bay
Annexation. Attached, for your review, are four memorandums from the City's Annexation
Attorneys. The memorandums provide information on the Pelican Bay Foundatio~ Pelican Bay
Beach Access, Collier County Parks. and Public Utility Issues. Also attached is a copy of a brief
power pornt presentation (five minutes in length) that the Pelican Bay Foundation plans to
present at the workshop.
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Agenda Item No. 9G
February 8, 2005
Agendcp~ ~Cò~
January 25, 2005
Page 6 of 30
/.
CITY OF NAPLES
INTER-OFFICE CORRESPONDENCE
NO. 2005-001
TO:
Robert E. Lee, City Manager
Cc:
Ann Marie S. Ricardi, Finance Director
FROM:
Samuel S. Goren, Special Outside Counsel
David N. Tolces, Assistant Special Outside Counsel-
DATE:
January 10, 2005
RE:
city of Naples ("City")/Pelican Bay Annexation - Pelican Bay Foundation
(the "Foundation")
Pursuant to your request, we have researched the legal status of the Foundation. The
following is a summary explanation of the establishment of the' Pelican Bay Foundation,
and the powers that the Pelican Bay Foundation exercises with respect to the area of
Collier County known as Pelican Bay.
The Pelican Bay Foundation, Inc. ("Foundation") was originally incorporated in 1979, as
"Pelican Bay of Naples Foundation, Inc." In 1996, the Foundation changed the name of
the Foundation, and filed its Amended Articles of Incorporation ("Articles') with the
State of Florida. A13 of this date, the Foundation is an active, not-for-profit Florida
corporation, registered with the SP.ite of Florida Secretary of State, and bas a seven
member Board of Directors, elected by the owners of property within Pelican Bay.
As. provided Article n of the Foundation's Articles of Incorporation, the Foundation bas
the following purpose:
. .
2.01 To provide for maintenance, preservation, control and operation of
property within the commwrlty development located near the City
of Naples in Collier county, Florida, and commonly known and
referred to hereinafter as Pelican Bay; and
2.02 To acquire, construct, improve, maintain, repair, replace, operate
or otherwise deal with the property and improvements of every
nature or kind constituting the FOUNDA nON Common Area; and
2.03 To fix, establish, levy and collect assessments against MEMBER'S
property and operate. without pecuniary profit, for the benefit of its
MEMBERS; and
2.04 To enhance the civic, social and recreational interest of its
MEMBERS; and
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February 8, 2005
Agenda l~ff9fiId. 9É!30
January 25, 20Ó5
Page 7. of 30
2.05
To otherwise promote the health, safety and general welfare of its
MEMBERS and their property within Pelican Bay.
Pursuant to the Amended and Restated Declaration and General Protective Covenants for
Pelican Bay ("Declaration"), dated November 30, 2001, as recorded in Official Record
Book 2938, page 1959, in Collier County, the Foundation is authorized to enforce the
various covenants and restrictions that apply to development of property within Pelican
Bay, as well as restrictions on the use of property within Pelican Bay. As part of their
enforcement authority, the Foundation has the right to approve the placement of
structures, the design of development, and the uses on property located within Pelican
Bay.
The Foundation does not exercise any governmental functions that would preempt the
City's ability to enforce its codes and land deveiopment regulations within Pelican. Ba.y.
The Foundation's responsibilities relate to the development and maintenance of private
property owned by the Foundation as well as the regulation of the development of non·
FOlmdation residential and commercial property within Pelican Bay. Consequently, a
private property owner may be required to obtain the Foundation's approval prior to
filing plans with the City to develop or renovate specific property within Pelican Bay.
The City, however, can interact with the Foundation much like the City CUITeI1tly deals
with other condominium and homeowner associations throughout the City.
If you have any additional questions or concerns, please do not hesitate to contact oW"
office. .
SSG:DNT:dnt
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Agenda Item No. 9G
February 8, 2005
Agenda~~9BO
January 25, 2005
Page 8 of 30
CITY OF NAPLES
INTER"()FFICE CORRESPONDENCE
NO. 2005-002
TO:
Robert E. Lee. City Manager
Cc:
Ann Marie S. Ricardi, Finance Director
FROM:
Samuel S. Goren, Special Outside Counsel
David N. Tolces, Assistant Special Outside COlD1Sel ._
January 10, 2005
DA1E:
RE:
City of Naples ("City")lPelican Bay Annexation - Beach Access
Pursuant to your request, we have researched the issues related to beach access in
association with Pelican Bay. The foUowing is brief explanation of the cmrent status of
beach access in Pelican Bay, and the ability for additional beach access to be established
in the future.
Currently, there is public beach access at both the north and south ends of Pelican Bay.
The south access point is from the Collier County parking area on Seagate Drive, along
the boardwalk to Clam Pass Park. Pursuant to County Ordinance 77-18, as amended,
("PUD Ordinance"), and the Beach Access Facilities A-greement dated November 15,
1983, the County obtained ownership of the land on which the parking lot was
constructed at the west end of S~cagatc Drive. The quit-claim deed conveying the
property to the County is dated October 29, 1986.
In the event the Pelican Bay area is annexed into the City, the County will have the legal
right and obligation to continue to operate the parking lot and associated park. The
requirement to continue operations of the park flow from the POD Ordinance, the deed
from Westinghouse Communities to the County, as well as the Declaration of
._.__._. Restrictions and Protective Covenants that govern the entirety of Pelican Bay.
Similarly, the beach parking area to the north of PeJican Bay is also owned by the
County, pursuant to a quit-claim deed dated April 13, 1982. The County would have
similar obligations to maintain the parking area and beach access after the annexation is
effective. This would assure the continued public' access to the beach both to the north
and south of Pelican Bay.
With respect to any additional public beach access, any such access would have to be the
result ofreacbing an agreement with the Pelican Bay Foundation. .IJ:c. ("Foun~on"),~
the Foundation controls. the property just to the east of the beach adjacent to Pelican Bay.
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February 8, 2005
Agenda l~éffl<N8. ~é30
January 25, 2005
Page 9 of 30
In addition. in order for additional public beach access to be created within Pelican Bay,
the Foundation would have to approve an amendment to the Amended and Restated
Declaration and General Protective Covenants for Pelican Bay, dated November 30,
2001, ("Declaration"), and would have to approve an amendment to any specific
Declaration of Restrictions that would be specifically applicable to the specific property
that would become puölic access to the beach. The amendments to the documents would
need to recognize the right of the public to access that portion of the Foundation property
adjacent to the beac~ subject to any agreement between the City and the Pelican Bay
Foundation, Inc. .
If you have any additional questions or concerns, please do not hesitate to contact our
office.
SSG:DNT:dnt
H:\2004'D40482\MEMOS\200S-002 (Beach AI:CeSS).doc
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Agenda Item No. 9G
February 8, 2005
Agend¡j>li~m 'Nbo9BO
January 25, 2005
Page 10 of 30
/.
CITY OF NAPLES
INTER-OFFICE CORRESPONDENCE
NO. 2005-003
TO:
Robert E. Lee, City Manager
Cc:
Ann Marie S. Ricardi, Finance Director
FROM:
Samuel S. Goren, Special Outside Coumel
David N. Tolces, Assistant Special Outside C01.mSCl
DATE:
January 10, 2005
RE:
City of Naples {"City")/Pelican Bay Annexation - Collier County
("'County") Parks
Pursuant to your request, we have researched the issues related to the operation of the
Collier County ("County") parks located within the area that may be subject to the
annexation referendum. The following is brief explanation of the current status of the
County owned and operated parks in Pelican Bay, and the legal obligation of the County
to continue to operate the parks in the event the Pelican Bay area is annexed into the City.
Based upon our review of the Pelican Bay documentation, the County currently operates
two parking areas with beach access both on the north (~'V anderbilt Beach Road") and
south ("'Clam Pass") sides of Pelican Bay. The County also operates a par.k at the
intersection of HammoCk Oak Drive and Vanderbilt Beach Road.
...
Coral Ridge-Collier Properties, Inc. ("'Coral Ridge") conveyed the Vanderbilt Beach
Road parking lot to Collier County via Quit Claim Deed dated April 13, 1982, recorded
in County Official Record Book 966, Page 1864 on April 13, 1982. The deed was
granted to the County pursuant to the requirements contained in County Ordinance 77-18,
as amended which approved the Pelican Bay PUD. The deed specifically provides that
"'If at any time the parcel described in Exhibit "A" [the north parking lot] is used for other
than public beach access purposes, the parcel shall automatically revert to the Grantor
[Coral-Ridge]." Therefore, if the County were to abandon its obligation to operate the
parking lot and beach access at the Vanderbilt Beach Road location, the property would
revert back to Coral Ridge, its successors, or assigns.
Similarly, the Clam Pass parking area and beach access is governed. by similar provisions
contained in the Quit-Claim Deed dated October 29, 1986, recorded in County Official
Record Book 1234, Page 1371 on November 26, 1986. The parking area is governed by
the County's Ordinance 77-18 which approved the Pelican Bay PUD, and contains
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Agenda Item No. 9G
February 8,2005 I
Agenda~~d. 9!¡30 .
January 25, 2005
Page 11. of 30
similar reversionary language in the event the property is no longer used for public beach
access.
". --- ,- ,--.._-
In addition. both parking areas are governed by the Declaration of Restrictions and
Protective Covenants ("Declarations") that obligate the County to continue to maintain
the parking areas and associated improvements. There is no language in either the
Declarations or Quit-Claim Deeds, however, which would require the County to provide
free access to the parking areas. The only requirement is that the County continue to
provide public beach access.
The Pelican Bay County Park ("Park") located at Hammock Oak Drive and Vanderbilt
Beach Road was conveyed to the County by WCN Communities, Inc. ("WCN") on
September 26, 1994, pursuant to a Special Warranty Deed recorded in County Official
Record Book 1990, Page 2087 on October 4, 1994. Pursuant to the Special Warranty
Deed, if the property is ever used or approved for a. use other than "community park ............
purposes," then the property shall revert back to WCN, its successors and assigns. The
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·operation of the Park is governed by the Declaration of R 'ctions and Protective
ovenants vi r , Its successo assi to enforce the rovisi f
e ec arations. Therefore, in the event the County elects to abandon the Park, WCN's
-ŠUccessors wOUld then have the legal right to judicially enforce the Declarations and
require the County to maintain the Park for the public's use.
If you have any additional questions or concerns, please do not hesitate to contact our
office.
SSG:DNT:dnt
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Agenda Item No. 9G
February 8, 2005
Agendfi~ 1NcP.WP
January 25, 2005
Page 12 of 30
,-
.
CITY OF NAPLES
INTER..QFFICE CORRESPONDENCE
NO. 2005-004
TO:
Robert E. Lee, City Manager
Cc:
Ann Marie S. Ricardi, Finance Director
FROM:
Samuel S. Goren. Special Outside Counsel
David N. Tolces, Assistant Special Outside Counsel _
DATE:
January 10, 2005
RE:
City of Naples ("City'')/Pelican Bay Annexation - Public Utility Issues
-..._- --_.--
This memorandum is in response to the Council's concerns regarding the CountY's
obligation to continue to provide water, sewer, and reused/reclaimed water services
within Pelican Bay in the event the Pelican Bay area is annexed into the City. Based
upon a review of relevant state law, local ordinances. and applicable agreements, it is our
opinion that the County must continue to provide such services to the properties located
in Pelican Bay, until such time as the CO\Ulty and the City agree to transfer the
responsibility for the services to the City, or until such time as the Special Act
.- establishing the authority to provide such services is amended.
~
The Collier County Water-Sewer Dis1rict ("District") is governed by Chapter 1003-353,
Laws of Florida (the "Special Act"). Pursuant to the Special Act, the District is requested
to provide water and sewer servic~· within the boundaries as provided for by the Special
Act The area of Pelican Bay is included within the District's boundaries. The
Legislature, in enacting the Special Act, recognized the potential for the City to annex
areas currently within the District's boundaries, as Section 3(5)A. of the Special Act
provides that the District's boundaries could also include the following lands:
Any lands lying within the City of Naples water and sewer service areas as
may be revised from time to time by mutual agreement between the City
of~aples and the County W ster-Sewer District of Collier County, Florida.
Thus, in the event property is annexed into the City and becomes part oithe City's water
and sewer service area, it is possible, upon entering into such an agreement for the
District to provide water and sewer services to the areas located within the City.
Section 5( 1) of the Special Act provides that the District's powers shall include the
following:
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February 8,2005
Agenda900rr MB. ~83°
January 25, 2005
Page 130f 30
"
[The power to] construct. install, erect. acquire, and to operate, maintain.
improve, extend, or enlarge and reconstruct a water system or a sewer
sýstem, or both, within the geographic boundaries of the District and the
environs thereof and to have the exclusive control aJld jurisdiction
thereof; . . .
With respect to reclaimed/reused water, pursuant to Section 5(11) of the Special Act. the
District has the power, "To sell or otherwise dispose of the effluent. sludge, or other
byproducts as a result of sewage treatment."
Based upon the above language, it appears that the District has the exclusive right to
provide water and sewer services, including reused/reclaimed water services within the
District's boundaries, including Pelican Bay. Therefore, the C~ could be prohibited
ftom providing similar services in the event the Pelican Bay area was annexed into the
City. Consequently, as the only legally authorized provider of such utilities, the District
could not simply stop providing water and sewer service to the Pelican Bay area without
an amendment to the Special Act, or through entering a written agreement with the City.
In support of this position is the case of Citv of Gainesville v. Gainesvil1e Gas & Electric
Power Co., 62 So. 919 (Fia. 1913), in which the Florida Supreme Court held that an
express cóntract between a public utility and the public is not required in order to
establish reciprocal rights in the public against the public utility. In the Gainesville case,
the Florida Supreme Court held that a private company was a public utility bound to
provide service to its public customers, and that due to the fact that the company was
providing a public service, the private utility assumed the duty imposed upon it by
operation of law, and must ". . . continue to do so [provide service] in a reasonably
adequate manner until relieved of its duty by due process oflaw." Gainesville. 62 So. At
921.
.
Similarly, the District received the ãuthority to operate water and sewer service within its
boundaries pursuant to the Special Act. financed, and cocst:ructed the necessary water,
sewer, and related infrastructure pursuant to the authority provided by law.
Consequently, like the Gainesville Gas & Electric Power Company,· the District has
assumed the duty imposed upon it by operation of law, and must continue to do so, in a
reasonably adequate manner, until relieved of its duty by due process of law. Therefore,
absent some type of court order to enjoin the County from providing the water, sewer,
and reused water services, or a revision to the Special Act, the County has the obligation
to continue to provide such services to the properties within the area of Pelican Bay.
With respect to· fees and charges, the District cannot discriminate between the fees and
charges the District imposes' against residents of unincorporated areas of the County:from
those fees and charges imposed against users located in incorporated areas of the County.
Section 6(2) of the Special Act states that. "Such rates, fees, and charges sball be just
and equitable and 1.D1ÌÍorm for users of the same class. .." Furthermore, Section 17 of
the Special Act states that, "No :free water or sewer services shall be rendered by the
District and no discrimination shall exist in the fees, rates, and charges for users of the
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February 8, 2005
Agendafttiy'E} NlQ.<9a30
January 25, 2005
Page 14 of 30
same class." Based upon this language, the District could not lawfully charge residential
and non-residential users within Pelican Bay a different ratè than those residential and
non-residential users located in other areas of the County.
If you have any additional questions or concerns, please do not hesitate to contact our
office.
SSG:DNT:dnt
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Agenda Item No. 9G
February 8, 2005
Agenda Iit.~ gf¡30
January 25, 2005
Page 15 of 30
URBAN SERVICES REPORT
FOR THE ANNEXATION OF PELICAN BAY
OF
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Prepared by:
~ of Naples
735 8 St. eet South
Naples, FL 34102
Telephone: 239-213-1800
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Agenda Item No. 9G
February 8, 2005
AgendéP?~4S~ NÞo9S0
January 25,2005
Page 16 of 30
URBAN SERVICES REPORT
FOR THE ANNEXAnON' OF PEUCAN BAY
I. . INTRODUCTION
Prior tD commencing the annexation procedures under Section 171.0413, the goveming
body of the munidpallty shall prepare a report as required by Section 171.042
"PrerequIsItes to Annexation" setting forth the pians to provide urban services to any
area to be annexed. This Urban Services Report is submitted in fulfillment of that
statutory requirement. The area tD be annexed is adjacent to the City's north border.
The following excerpt from the Aorfda Statutes is provided to assist In compliance.
:-e
171.042 Prerequisites to annexation.
(1) Prior to cx:mmenc:ing the annecation procedures under s. 171.0413. the governing body afthe
munidpalft:y shall prepare iIt report setting forth the plans to pnMde urban SI!I"VIœs to any BreD In
be annexed, and the report shall include the following:
(a) A map or maps of the municipality and adjacent ten1tnry showing the present and proposed
municipal boundaries,. the present major trunk water mù\S and sewer hlterœptoiS anc:I
outfalls, the proposed extensions d such mains and outtalls, as required In paragraph (c),
and the general land use pat:l:em ¡nthe area to be annexed.
(b) A statement certifying that the arel!ll to be annexed meets the afterIa in s. 171.043.
(c) A statement setting forth the plans of the municipality for extending to the areø to be annexed
each major munlòpal service per1bnned within the munICIpality at the time aI annexation.
Spedficaly, such plans shaJl: ,....
1. PraIIide fur extending urban services except as otherwise provided herein to the area
to be annexed on the date d annexation on substantially the same basis and in
the same manner as such seMœs are provided wtthln the ÆSt of the
municipality prior to annexation.
2. Provide for the extension of existing munidpal water and sewer services Into the area
to be annexed so that, when such serYiœs are pI"D\rided, property owners in the
area to be annexed will be able to secure public water and sewer service
according tD the paIIcIes In effect in such munldpaØty for extending water and
sewer lines to IndMduallots or sutJCIiviSoRs..
3. If extension of'·maÞ.tn.I'tk water mains anc:l sewer mains into the area CD be annexed
. is necessary. set forth a proposed timetable for CDnStnIdkIn d such mains as
soon as possible following the ef'I'ective date of iII1IleX8tJon.
4. Set forth the inethoct under which the munidpallty pfans 11) ftnance ectIDion d
seMces IntD the area 11) be anneœd.
U. PURPOSE
Chapter 171, Aonda Statutes, which governs annexaöon proœecIlngs, requires a city to
prepare and file a report to the Collier Board of County Commissioners setting forth the
City of.Naples plans to provide urban services to areas being annexed.
The purpose of this report is tD expIairì the means by which the Cty of Napies plans to
extend munidpal services to the· area the Oty proposes tD annex. In addition. this
report characterizes the area to be annexed tI1ereby verifying Its qualification for
.annexation. 'The report contains Infonnation compiled' In conjunction with the Cty's
operating departments and is intended to help them prepare for any extension or
expansion of munidpal services upon annexation. Information presented herein also
allows for evaluation of the fiscal impacts of pursuing annexation of this area. This
I
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2
",_....,.
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Agenda Item No. 9G
February 8, 2005
Agenda ijêtJi:1Nti. gé30
Janu ary 25, 2005
Page 17 of 30
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Urban Services Report is not intended as an overview of the City's annexation program;
instead, it is a technical document reporting specifically on the provision of munid pal
services to this particular annexation area.
III. AREA PROPOSED FOR ANNEXAnON
The proposed area for annexation is on the north border of the Oty of Naples, Rorida,
and is referred to as "Pelican Bay". It provides a smooth continuation of the current city
boundaries along the Gulf of Mexico.
Pelican Bay is contiguous to the Cty and encompasses approximately 2,104 acres.
When added to the City's current area of 9,174 acres, the new' proposed city area would
be 11,278 acres.
IV. COMPUANΠWITH STATUTORY CRITERIA - DISCUSSION
A. 171.042 Prerequisites to annexation. (1) (a> A map or maps of the
munidpality and adjacent t:enl~, showing the present and proposed
municipal boundaries, the present major trunk water mains and sewa
interceptors and outfalls, the proposed ~ of such mains and
outfalls,. as required in paragraph (c), and the general land use pattern
in the area to be annexed.
1.
Exhibit 1 indicatEs the existing and proposed munidpal boundaries. !he
area is primarily located along the north side of Seagate Blvd. contiguous
tD the existing CIty limits by approximately 5,400 ßnear feet.
fA
2. Exhibits 2, 3, 4, and 5 show the major trunk water mains and sewer
interceptor and outfalls for the Pelican §ay area and the northern section
of the City adjacent. to the Pelican Bay area. The entire Pelican Bay area
tJas water, sewer, and reuse provided by Collier County utifrties. CotDer
County Utility is a part of Collier County, and is gOverned by the Collier
County Commissioners.
3. Exhibit 6 depicts the existing general land use of the proposed
annexation. This infonnation comes from the Collier County
Comprehensive Plan.
B.. 171.042 Prerequisites to annexation. (1) (b) A statement certifying the
. area to be annexed meets the criteria in SectIon 171.043.
The Oty of Naples certifies the area to be annexed meets the criteria in Florida
Statutes 171.043.
1. The total area is reasonably compact and is contiguous to the munidpal
boundaries of the· City of Napies on this date. No part of the area is
induded within the boundary of another incorporated municipality.
.
3
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Agenda Item No, 9G
February 8, 2005
Agendij~1 ßó)f91D
January 25,2005
Page 18 of 30
2.
The total area meets the requirements of being already deveioped for
urban purposes, by having more than two persons for each acre of land
in Its boundaries.
C. 171.042 Prerequisites to annexation. (1) (c) (1) A statement setting
forth the plans of the municipality for extending to the a.... to be
annexed each major municipal service performed within the
municipellty at the time of annexation.
The aty of Naples Intends to extend to the area to be annexed each major
mun/dpal service performed within the munidpallty at the time of annexation.
This Urban Services plan provides for extension of urban services to the area to
be annexed on the date of annexation, on substantially the same basis ánd in
the same manner as such services are provided within the rest of the
munidpaJlty prior to the annexation. This does not mean that the City will
necessarily be the provider of the service. Rather, that the Oty woldd see ttlat
the service Is provided. State statutes constrain the Oty from being the actual
provider in some circumstances (i.e. service provided by a Speáal District such
as North Naples Fire District - see Chapter 171.093). Ustings of major munidpal
services ¡ndude:
1. Police Protection.
--
Police Protection is currently provided to Pelican Bay by the Collier County
Sheriff's Department If annexed, the service will be provided by the City
of Naples, with ancillary services stili provided by Collier County Sheriff, as
currently provided within the City now.
The City of Naples Police Department has 7Q. sworn officers and 35 civilian
support personnel, servif'1g 22,500 fulltime residents and 14 square mfles~
..
To fully serve Pelican Bay, the Police Deparbnent will need an additional
six sworn patrol officers, which will create one separate (2+7) patrol
district and provide one communlty-oriented police officer (COP). The
Police Department should also add one Community Service Aide, a Traffic
COntrol Officer, and a Beach Patrol Officer'to provide the expected level of
service. This· results .in a total addition of seven (7) officers and two (2)
dvllians.
., The tax revenue generated by the property in the area to be annexed Will
pay for the additional police services, except for the beach patrol costs,
which will be paid from the Beach Fund. Arst year annual operating costs
(exduding Beach Patrol) are expected tD be $488,000, with start up costs
of $144,300.
.
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February 8, 2005
Agenda 1f~g¡é30
January 25, 2005
Page 19 of 30
~
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Five Police Officers
One COP
·
One Community Services Aide
One Beach Patrol Officer
One Traffic OffIcer
.
·
·
2. Fire protection
Rre protection is currently provided by North Naples Are District,
operating a two-truck station located on land leased through Collier
County. .
North Naples Fire District (NNFD) provides a level of service to Pelican
Bay, which Is acceptable to the area, and Is within the ISO standard
considered acceptable by the aty.. North Naples has an ISO rating of 4,
compared to the dty's more favorable rating of 2, with the difference in
rating primarily due to outer areas of the County that do not have fire
hydrants. Note that Pelican Bay is fully served with hydrants.
State law Chapter 171.093 protects the boundaries of the North Naples
Are District for four years after the aty provides notice of intent to
provide fire services, if we choose to do so. There are four options
available to the dty to provide the fire services.
1. During the 4-year period, the Oty could pay the district an amount
equal to the ad valorem taxes that would have been collected had
the property remained in the district, with the District continuing to
provide the service. After four years, the CIty takes over the
service completely, including providing its own station.
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2. -¡he City could enter into an interlocal agreement with the District,
enabling the District to continue to provide services for a fee.
3. The City and the District could share staffing at the station(s).
4. North Naples Rre District could retain Its boundaries within Pelican
Bay, such that Pelican Bay contiñues to pay the 1 mill of the
District, and pay the aty tax rate of 1.16 mllll or as negotiated.
Preliminary conversations with North Naples Fire District indicate that the
interlocal agreement that would be satisfactory to them would be one that
has the Disbict keep its boundaries extended through petican Bay (option
4) or a similar based fee (option 2). Because t11e City is able to provide its
high standard of service at about half the rate currently charged by NNFD,
even with constructing a fire station, we were unabte to recommend such
an agreement. Therefore, the City will plan to provide a fully staffed fire
station.
.
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Agenda Item No. 9G
February 8, 2005
Agend¡jPIi~{JI ro>0960
January 25, 2005
Page 20 of 30
/.
AJthough funding the North Naples Fire District at their current rate of 1.0
mills for the first four years results In a net loss for the city, the city can
provide a full service Fully equipped fire station In year 5 significantly less
expensively than North Naples does, resultfngln a long-term savings to
Pelican Bay and the City. Funding for the construction of the station
would come from increased revenues in the UtIlity Tax Fund.
Therefore, the financial summary assumes the first option, as further
described above. Note: An intertocal agreement with the Are Distrld: is
still possible if the cost of service is competitive with the Ot(s cost.
3. Parks and Recreation.
~.
The area to be annexed consists primarily of residential developments,
serving a seasonal population of approximately 14,000. There are two
public parks in the annexed area. Cam Pass Beach Park. a regional
park, is currently operated by, and could continue to be operated by
Collier County. Pelican Bay County Park is a tennis and soccer field
complex located on the north end of Pelican Bay. As a community park, it
too, could continue to be operated by Collier County.
Pelican Bay has several private recreational facilities in the annexation
area, induding tennis courts, canoes, nature traU, boardwalks, a
community center and passive parks. These are managed by the Pelican
Bay Foundation, and will continue to be managed and maintatnedby the
Foundation, through the annual assessmeat,and(or user fees.
Because all the reaeation needs are met and will continue to be met by
the current service providers, the City does not plan to extend any
additional reaeatfonal services to this area.
4. Solid Waste.
.
Residential Solid Waste (indudJng recycling and horticultural material)
will continue to be collected by Waste Management until September 30,
. 2006, due to the existing contract and state law.
Currently, Þelican Bay residents pay their residential solid waste fees via a
non-ad valorem assessment on their tax bill, If annexation occurs the aty
of Naples Intends to use Its own staffing to provide residential solid waste
collection. The city bills each customer for residential service on a bI-
monthly basis. To provide services to Pelican Bay, the city will need to
add 5 vehides (one rear loader, one front end loader, and three satellite
6
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Agenda Item No. 9G
February 8, 2005
Agenda it~1 0030
January 25,2005
Page 21 of 30
~
coUection vehides), and 5 employees to provide this service. Additional
equipment will indude 230 new. dumpsters, 2,200 recyding carts, and
1,600 recydlng bins. It Is estimated the initial capital costs for the items
listed above to provide this service to be $666,700.
TIte fees to cover routine operational costs are recovered through annual
fees of $209.70 for single-family residents (569) and $184.24 per each
multi-family unit for canservìce. Multi-family property owners, using
dumpster service, will be charged the sanie as Commercial Rates based
on dumpster size and frequenCy plus $40.20 annually for each residential
unit for horticultural Collection and Disposal. Included in the above rates
are tipping fees paid to Collier County, vehicle fuel and maintenance,
unifonns and other minor operating expenses.
Commercial Solid Waste will be handled on an Individual, contract
basis. Existing businesses will be able to finish out contracts before
switching to the city's solid waste service. Rates for commerdal
customers will be based on dumpster sizes and frequency of collections
per week.
5. Community Development - Building Inspections and Permitting
The aty could perform all building inspection functions. There are some
commercial developments planned, but residential construction will be
minor, as the annexation area Is nearly built-out. Over the past few
years, there was an average of about 458 permits issued per year. It is
possible that the current staff can perforrg, the function. However, the
building permit fees· wltkover the cost of anv building inspector services
that may be needed in the future.
An Interlocal agreement with Collier County and North Naples Rre District
will need to address construction projects still in progress, to darify which
agency will Issue certificates of occupancy.
Community Development - Planning
The Community DeveIopment:/Planning DMsion a:KJ1d provide all land
management related issueS and planning services, to the annexation area.
Due to the size of the area, the ptanning DMslon will require a part-time
planning position to be upgraded to full-time within one Year á
annexation. The position will be needed to enable the aty IX) Incorporate
the project in the comprehensive plan, process planned development such
as zoning or land use designations, address on-going neighborhood
planning issues, and oversee the antidpated reallocation and bulld-out of
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Agenda Item No. 9G
February 8, 2005
Agendiilä§Bl :Nbogao
January 25, 2005
Page 22 of 30
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the commercial parcels. The added cost, wtth benefits and operating
costs, is $29,000.
Community Development - Code Enforcement
The services required of the Community Development/Code Enforcement
Division will be minimal. Pelican Bay is a deed-restricted community, wfth
restrictions greater than the general land areas of Naples. VIOlations will
first be found and pursued by the Pelican Bay Foundation, In accordance
with the property deeds.
6. Community Servicesl Parks and Parkways
Community Servicesl Parks and Parkways could provide the maintenance
of the medians, parkways and public rights of ways in Pelican Bay. In
addition, the CIty could take over the bay monitDring and the contractual
management of tree trimming and maintenance. Rowers, tree
replacements, and mulch costs would be part of the City's responsibility.
In the annexed area, services could be provided by a combination of in-
house staff and outsourcing services. The CIty will need 14 additional
employees to serve this area, and, with contracted services, the estimated
cost will be $1,647,000 to provide landscape and maintenance services.
.
7. Sb eets, Ughting, Signage and Stormwater
The Pelican Bay area "Is currently Well served by storm drainage and
retention areas. The lakes and swales wllkbe maintained on the routine
schedule by the Parks aRCI Parkways division, Dke other dty lakes. This is
built into the above calculations for parks and parkways.
The Oty has two streetsweepers that sweep the main collector streets of
the Oty 1 time per week, and all other streets 1-1/2 times per month.
The Oty will provide this current level of service In Pelican Bay, which is
similar to the current level of service. Street sweeping will be paid from
the stonnwater utility, and will mst approximately $120,000.
"The area Is fully built out for streets, and the Sb eets are In good
condition. Routine maintenance and repairs will be managed by Public
Works. There are no overlay or major repairs pending. Street lighting is
provided by FPl and funded by the PeUcan Bay MSTBU. The electridty
payment will be paid by the CIty. These costs will be paid from the
Streets fund. WIth striping and regular sign repiacement, the Impact to
the Street fund would be an increase of $48,000 in expenses, not fully
offset by a $30,000 increase in sales tax revenue.
, 8
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Agenda Item No. 9G
February 8, 2005
Agenda9~ Nd. cdß3°
January 25, 2005
Page 23 of 30
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8. Water, Sewer, and Reuse Water
Water, Sewer, and Reuse water are aJrrentIy being provided by Collier
County Utilities (CCU) Department. It is antidpaœd those utility services
would continue to be provided by caJ.
9. General Administration
To ensure top level service to the annexed area, the city proposed to add
one Administrative Specialist/Receptionist to the City Manager's office.
The addition of the solid waste customers will require one more Customer
Service Representative in Rnance (Customer Service), plus additional
operating expenses in Human Resources due to the new employees.
Overall, these would cost an additional $90,700.
D.
171.042 Prerequisites to annexation. (1) (c) (2) Provide for the
extension of existing municipal water and sewer services into the area
to be annexed so thBtr when sud1 services are provided, property
owners in the area to be annexed will be able to sea.are public water
and sewer service ac:cDrding to the policies in effect in such
munidpality for extending water and sewer lines to individual lots or
subdivisions.
I
,.¡
Pelican Bay currently has water, effluent and sewer service provided by Collier
County utilities (CCU). If annèxation does occur, an interiocal agreement
providing for CCU to continue to provide these services to Pelican Bay would be
appropriate.
~....
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E. 171.04.2 Prerequisites to annexation. (1) (c) (3) If extension of major
trunk water mains and sewer mains into the area to be annexed is
necessary, set forth a proposed timetable for mnstruction of such
mains as soon as possible following the eft'ective date of annexation.
It is recommended that Collier County Utilities continue to serve the water,
sewer and reuse lines as they are now.
F. 171.042 Prerequisites to ann~tion. (1) (c) (4) Set forth the method
. under which the municipality plans to finance eXtenSion of services
into tile area to be annexed.
The method of funding any required service to this newly annexed area will not
differ from the methods used to fund similar service arrangements within the
existing incorporated area. Funding sources for this area will remain the same
as they are in the current aty budget structure. Specifically, certain services
such as police protection, fire service, public landscaping and planning will
continue to be funded through the General Fund.
.
9
Agenda Item No. 9G
February 8, 2005
Agendir~m~éßO
January 25, 2005
Page 24 of 30
.
The Oty could also adopt a special taxing district to provide supplemental layers
of service as requested by PelIcan Bay. Specifically for the maintenance of the
mangroves and beach renourishmen~ a small tax could be collected. Any special
taxing district would be based on the needs and requests of the people of Pelican
Bay.
Stormwater and Solid Waste service will be funded via user fees.
See the attached schedules for detaHed revenue and cost details.
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Agenda Item No, 9G
February 8, 2005
Agendalt~~~f30
Jan.u¡yy 'f.J'. 2005
. P"~5 of 30 ,
REQUaT8 FtIII REUBE WATER .1_ ..--
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Agenda Item No. 9G
February 8, 2005
AgendfÞ!t~IJI~~@o
Januaf'Sl 25, 2005
Page 26 .of 30
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EXEcUTIVE SUMMARY
ADOPT A RESOLUTION APPROVING A POUCY GOVERNING THE SALE OF
RECLAIMED WATER TO THE UNINCORPORATED AREA OF COLLIER COUNTY
..:
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OB.TECTIVE: Request the. Board of Coanty Commissíoncr:s of Collier County. Florida, AS the
govc:ming body of ColIi=r County and as cxwofficio the Ooveming Boan:l of the Collier County
Water·Sewer District to approve a Resolution e8tJiblishlng a recJaimed waœr policy to &el1
rec]aìmed and other supplemental water exclusively to customers 10cated both in the District and
in then unincorponted areas of the County, with the possible exception of surpJus. reclaimed
water iD1d surpJuS suppJemental water.
CONSIDERATIONS: The purpose of this policy is to en9~ that customers in thl!:
uDÏncorporated areas of the Collier County Water-Scwer District ('ihe District") shaU J,avc::
exclusive priority of service and use for reclaimed md other supplemental water J'CSt urcea for
inigation and similar purposes. This valuable commodity must be conserved and avøüable for
the fi.nt priority use of the District's pxmUilry cuatomer base. The policy further contemplates
that it be at the COWlty'S soJc: discrc:tlon to seD any excess (smplus) reclaimed or surplus
supplemental water to areas within·thc District that are then nDt within the utúnr..œporated area of
the County. This policy shall not affect any of the District's now eJÙsting separate written
agrecmctltS to serve cith=- such water service until the respeetive wrlttCtl service agreement is
heœafter renewed QT ext.cDded. Most, it not an, of these separate ag:n:emenrs 'apply to golf
course communities. .
RæJaimed !Water and mppJementaI WAter IØIII acId by the ~st.rict At II 00å to ·the Di..trict':s
cucto:mcm as a significantly ]ower cost alœmalivc than the District's sales of potable Wider. The
user rates for :n::clmmed water range from $.27 to $.67 per tho~d plJans depending on the
typé of service provided to the District's reclaimed water CUltOme:s. Potable waù:c is provided
to crutomcrs of the I>istrict based on an mverted nú:e scheduJc tbat iccre.aaes the rate per
fbouSJlJ1d gallona used based on the voI~ of COtI8umption.__ As of October I, 2003: the
flpproved %2te for potable water cwstozua acrvcd by . 5/8" or a 374" mete< and conawnpùon of
5.000 or fewer gallotul per month is $1~48 per thousaDC1 galJons. Alternatively, the costftr a 518"
and I. 314" ·metet' rafigcs by blocks up ~o a maximum of patet than 050,000 gsJlons per month at
$4.~O per tbo~lUId .;aDons (See: attAcbcd &hibit A).
FISCAL IMPAct: Th~ is no fiscal impact to the customers of the, W1ÏncOI'pO!ated area of the
CoJJi.. County Water-SewGt Dimct rc1atiy¡;: to the: I!IdOp¡jOD uf this ResoJuUon.·
.
GROWl"H MANAGEMENT IMPACT; Then: is no impact to the Growth Ms.nagcment PJan
3'IIlat.ed to thia Bxocuüvc SUXIU%ÚU:y.
RECOMMENDA nQ~~ That the¡ :Soard of County Comm1!1sioners as the governing body of
CoiIier County and as cx-officio the Oovemin¡ :Soard of the COllier County Water-Sewer
District, by ¡rpproval bfthis Executive Summary::. ..
M ¡IIIII;, ETÞ ~
110. ·IIA~:.L
JAN 1 3 2004
PIii. I
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Agenda Item No. 9G
February 8, 2005
Agenda ii1ê~ 0030
January 25, 2005
Page 27 of 30
I
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1. Adopt the attached Resolution on reclaimed. water policy for the provision of
recla.imed and supplc:mcnw water service; and
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2. Authorize the Chlrirman to sign the attachal Resolurion.
PREPARED BY:
Thomas G. Wides, Operations Director,
Public UtiUties Division
. ~L ß. {;)Ji::J
DATE:
/ /07(04
,
REVIEWED BY:
Ann Marie Saylor, Operations Analyst,
Public Utilities Division
DATE:
·R.EVIEWEDBY: /fA/ ~ DATE:
Ro'ert Casey, Reuse Co Mi1tator, Wastewater
, Department, Public UUlffies Division
I/i/Ol/
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R1<vmwiID~v' ~ (' ~
_ J C am, Wastd'at.er Director,
Pub ·c utWties Division
DATE:
1- r-¡-04
oJ".
APPROVED B1!:
James W. DeLoDY,P.E., Administrator
Public Utilities DimJoQ
DA. TE: .
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AGI._ InN
110. / t:. t! '1
JAN 1 3 2004
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Agenda Item No. 9G
February 8, 2005
AgendQ1äg91~e~
January 25, 2005
Page 28 of 30
exHIBIT "A"
Calllw Caunlv w.-.a- metriot
~1tItIt ~UpdIIIe
WllWS~
RAT! SUMMARY
-
WATER SaR\lJC,E AVAlLABtUTY CHARGES
(I\nlllmIJ¡ . MulUof'amlly. c_~.1II1d Irrfgallon onlY)
Mel.er Siza
518·
314·
,-
1-1/4-
1 ·1n-
r.
3-
.-
£"
."
10"
12"
VOLUMe CHAI'IGS P\IR 1,000 CJAU.ONS
(AlllõJdllntlal. MuIt/·FlllTllly. Commeroi.al. and'nigalion Only)
81ook1
BtDCk ;¡
Block :I
Øleck"
_~Ir:>ck S
øIGc\t¡
- .
IIL~ RA'TE STRUC'rIJRE
(It,UkMntiat Mu~mlly, CanlIftM:õlaI. and Irripcioft Onl11
enllG1lYf: ~".
Oc:1obet' 1. 2DD3 Q¡,tDbar ,. 2Q01
Ii 12.3D :$ 12.&11
, 1%.311 Ii 12.50
Ii :n.10 S 21.10
Ii :w..... Ii 35..2D
$ 51.70 $ Ð.DO
s 8'I.zo $ .~.:zo
$ "D.10 .. 1 nao
Ii 2450 Ii BUO
Ii ..M.50 .. 50tl.lO
-= 7aD.70 " 11011.00
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Agenda Item No, 9G
February 8, 2005
Agenda !tértiEN¢.9 g¡R 30
January 25, 2005
Page 29 of 30
~
RESOLtmON NO. ZOO4 -..IU-
^ RESOLUTION Oil' THE BOARD OF cOUNTY COMMIS$1ONER..I) OF COLLIER
COUNTY, n.QRIDA. TO ADOPT A POLICY GOV11RNJNG SALE 011' RECLAIM'ID
WATER ONLY TO UNINCORJ"ORATED AREAS WITHIN COLUER COUNTY
WHEREAS, rhe Collier County Water-Sewer District dc.sires to =:IopI: D reclaimed WDt£r
policy 10 scJl n:claimed Ilnd other lupp!ement:>1 wGter excl\.;ivcly to cu............. in lit.
lInincorpor.lled ;areQ of Collier County to protact and obWn the best usage of this limited
resource; and.
WHEREAS, tho Collic:r County compn:hens;ye Plan TI1Iln<larcs dual .....!t:I' sc:rviccs for
nl1ncw developments and the PlCJrida Department ofEllviTOnmenttll ProTeCtion mand.løcs that
each wal"""alCr utility sl1311 naw II dlspoaal of tcUR prognm based on the nUfI'Ibcr of customC"
seNI!d by the udlity.
NOW, THEREFORE, BE IT \ŒSOL'\o"£D BY THE BOAR)) OF COUNTY
COMMISSIONERS OF COLUEa COUNTY. FLORIDA. that:
The Com... COUlItY Watcr-Scwc:t' Dtsbict (District) shlll1 pro'i1Πreclaimed mid/or
supplement:>1 water service only pursuant to sepanu.e written agre.emcmt applicable 10 each
respective clCllrly defined and described reclaimed 8IId at/1CT supplemenl1ll Wllle:r scl'"o'icc urea
locaced within tI1e then eltÎsLing boundaries of the District,:and no such a¡;reement shnl\ a.uIhoriJ:C
or allow the DiStrict to Supply reclaimed WôltU or s\lpplcmcntnt water to any area then situlte
within the geogr..phic boundaries of a municipaliry. Also, each such agreement entored il1lo,
renewed or utended by the Di!trict after !he dfeclivc dale of thi. 'R.esclution shall TncJu_ tho.
following provision: "In the eYCnt that all ()f' any pan of the land .zn:a to be !ØYCd with
n:claimed water pursuant to this .~t is annexed Into a m\llricipaJ corporation. either partY
10 this agrecmcrtt shaU have the absolwe right, without11ft)' liabi lity whatsoeVer to the othœr patty
or to Ilny Clthcr individuals or entities. to œrmi11aœ this reclaimed and other supplemenœl water
service to the area anne.xed ¡nm tlte municipality by zìvin¡ tiM: oth.... partY to thc agrc_t not
less than ninety (90) d:I)'$ and no more than three hUTIdred and sixty-five (365) days advance:
wriucn noticr: of th.. tcm1in¡¡ting p:uty's decision to u:nninarc this reclaimed and otÞu
lIupplcmcntaJ w;Ltersenoic:c to the geographic area annexed inUl a mtJnÌclpaJlty,"
fA
Should = IIJ.CCISS amount of rechùmod or other supplemental water. or both. become
~vnilablc to the District in the future whereby thCTe then c:tisÞ no viable demand for such surplus
reclaimed or surplus oth.... lupplemc:nt:ù water. or both. mywhera in tile Iho:n U1Iincorporal.cd area
of CoUierCounty, the District will conaidor the: possibility of 1~ling only such surplus reclaimed
IUId surplus 0Iher 5Upplcmcntll! WIItCf to service _ that are situaIC outside kÞ'wm cxisting
unônc;orpooatw........ uf me county,
~ 11'" Raolulioll _ adopted aftet' mOlion, aocond and majoriay YOte r"voñng ad<:IpllOfI this
.£!!.2 dQ)' of JIIR\ õ1.ry 2004,
A'TTEST
Dwight, B. Brock. Clerk
%lOARD 01" COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, EX-OFPlCfO
THBGO~G BOA OF THE COUJER
COUNTY W DISTRICT
-.., .
By: '
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i~ (I:>cputy Clerll..~
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:;. flll"~hJn:M b, :
'\_;~~Þproved as to f0ITJ"l1nd legal sufñcicDçy:
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-¡;;afl\äá~ PidmcrÞ
AlCíst=lnt COUTIty Anorney
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Item Number
Item Summary
Meeting Date
Approved By
James V. Mudd
Board of County
Commissioners
Agenda Item No. 9G
February 8, 2005
Page 30 of 30
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
9G
This item continued from the January 25, 2005 Bee Meeting. Discussion regarding the
Pelican Bay Annexation report. (Commissioner Henning request)
2/8/20059:00:00 AM
County Manager
Date
County Manager's Office
2/1/20058:44 AM
Agenda Item No. 9H
EXECUTIVE SUMMARY February 8, 2005
Page 1 of 3
RECOMMENDATION TO EXTEND THE TERMS OF TWQ MEMBERS ON THE LAND
ACQUISITJDN.ADVISORY COMMITIEE
OBJECTIVE: To extend the tenns for Kathy Prosser and William Poteet, Chair and Vice-Chair
until either new appointments or reappointments are made to the Land Acquisition Advisory
Committee.
CONSIDERATIONS: The Land Acquisition Advisory Committee was created by Ordinance
No. 2002-63. This 9-member committee's primary responsibility is to recommend to the BCC an
Active Properties Acquisition List with qualified purchase recommendations of environmentally
sensitive lands consistent with the goals ofthe Conservation Collier Land Acquisition Program.
Membership of the committee shall comprise broad and balanced representation including
environmental and conservation interests, agricultural and business interests, educational
interests, and general civic and citizen interests within the County. Members shall have
expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land
acquisition, land appraisal, land management, eco-tourism. or environmental education.
· The terms for Kathy Prosser and William Poteet will expire on February 11, 2005.
.-
Kathy Prosser and William Poteet, in addition to being the Chair and Vice Chair, have been on
the Committee as the most recent Active Acquisition List (AAL) was developed. As such they
represent continuity of thought in selecting properties for recommendation. The Board approved
the AAL on January 25, 2005, and at that time gave direction to the Committee to revisit the
AAL in order to consider adding the McIntosh property. At the February 14th CCLAAC
meeting, the Committee will be considering amending the AAL for this purpose. Having Ms.
Prosser and Mr. Poteet's input will be important, as they have participated in all of the
discussions regarding this property. Additionally, their presence as Chair and Vice Chair will
facilitate smooth function of the Committee until re-appointments can be made.
nSCALIMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation to extend the terms for 30 days or until an official appointment can be made,
and direct the County Attorney to prepare a resolution extending the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: FEBRUARY 8, 2005
.-
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,.......,.."""--..."''';..-.....''''«,.
COLLIER COUNTY
Agenda Item No. 9H
February 8, 2005
Page 2 of 3
BOARD OF COUNTY COMMISSIONERS
Item Number
9H
Item Summary
Recommendation to extend the terms for two members to the Land Acquisition
Advisory Committee.
Meeting Date
2/8/2005 9:00:00 AM
Prepared By
Date
Sue Filson
Executive Manager to the BCC
1/27120051 :27:07 PM
Board of County
Commissioners
BCC Office
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
2/2f2005 4:54 PM
Agenda Item No. 9H
February 8, 2005
Page 3 of 3
Memorandum
To:
Sue Filson, Executive Manager, Board of County Commissioners
Cc:
Bill Lorenz, Director, Environmental Services Department
From:
Alexandra J. Sulecki, Coordinator, Conservation Collier Program
Date:
February 2, 2005
Subject:
Recommendation for extension of Conservation Collier Committee member terms
It has come to my attention that on February 11,2005, two of the Conservation Collier
Comnúttee members, Kathy Prosser and Bill Poteet, Chair and Vice Chair respectively,
will have their terms expire. These members have re-applied for appointment to this
committee but under the current re-appointment time úame, would not be considered for
re-appointments by the time of the next Conservation Collier Land Acquisition Advisory
Comnúttee (CCLAAC) meeting date, on February 14,2005.
These two members, in addition to being the Chair and Vice Chair, have been on the
Committee as the most recent Active Acquisition List (AAL) was developed. As such
they represent continuity of thought in selecting properties for recommendation. The
Board approved the AAL on January 25, 2005, and at that time gave direction to the
Comnúttee to revisit the AAL in order to consider adding the McIntosh property. At the
February 14th CCLAAC meeting, the Committee will be considering amending the AAL
for this purpose. Having Ms. Prosser and Mr. Poteet's input will be important, as they
have participated in aU ofthe discussions regarding this property. Additionally, their
presence as Chair and Vice Chair will facilitate smooth function of the Committee until re-
appointments can be made.
Staff respectfully requests that their terms of appointment be extended for 30 days.
Environmental SeNices Department
Community Development & Environmental Services Division
Agenda Item No. 91
February 8, 2005
Page 1 of 9
.-
EXECUTIVE SUMMARY
To reactivate the Public Safety Coordinating Council
OBJECTIVE: For the Board of County Commissioners to direct the County Attorney to
draft a resolution reactivating the Public Safety Coordinating Council and authorize the
Chairman to sign the resolution.
CONSIDERATIONS: The Public Safety Coordinating Council is defined in Florida
Statute 951.26. The composition of members is prescribed by statute. The purpose of the
Public Safety Coordinating Council is to facilitate communication with elected
governmental officials in particular in dealing with jail overcrowding, courthouse space
requirements, and general manpower needs issues. The Council has met in the past, but
has been inactive for several years. Both Sheriff Hunter and Judge Hayes have requested
that the Council be reactivated. Attached are letters from both Sheriff Hunter and Judge
Hayes.
~.
FISCAL IMPACT: There is no direct fiscal impact associated with the reactivation of
the Public Safety Coordinating Council.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth
Management Plan associated with this item.
RECOMMENDATION:
I. That the Board direct the County Attorney to draft a resolution reactivating
the Public Safety Coordinating Council of Collier County, and
2. That the Board authorize the Chainnan to sign the resolution.
PREPARED BY:
Winona Stone, Assistant to the County Manager
~
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Item Number
Item Summary
Meeting Date
Approved By
James V. Mudd
Board of County
Commissioners
COLLIER COUNTY
Agenda Item No. 91
February 8,2005
Page 2 of 9
BOARD OF COUNTY COMMISSIONERS
91
To reactivate the Public Safety Coordinating Council. (Commissioner Coyle
request)
2/8/2005 9:00:00 AM
County Manager
Date
County Manager's Office
2/2/2005 5:11 PM
',-,
--
,-
SHERIFF DON HUNTER. COLLIER COUNTY
Agenda Item No. 91
February 8, 2005
Page 3 of 9
$btríff
3301 Tamiami Trail East, Bldg - J. Naples. FL 34112
(239) 774-4434 www.colliersherttt.org
October 27, 2004
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Honorable Hugh Hayes, Chief Judge
Collier County Courthouse
3301 East Tamiami Trail East
Naples, FL 34112
Re: Public Safety Coordinating Council
Dear Judge Hayes,
My role as Sheriff and Chief Correctional Officer of the County, as defined by Statute,
makes it imperative that I inform you of the conditions refative to the jail system of
Collier County.
At the writing of this letter, the current head count in the Naples Jail Center is 841
inmates. This facility is rated for a capacity of 588. Inmate management factors and
classification requirements necessitates that 308 inmates currently sleep on the floor
rather than being assigned to beds. The new Immokalee Jail Center which is designed
to accommodate 192 inmates currently houses 226.
As you are aware, there is currently a jail expansion projed underway to inaease the
capacity of the present jail system. In addition we are in the process of erecting tent
structures at the Immokalee Jail Center to provide 80 additional beds for a portion of the
overflow of inmates. However, the current situation does not lend itself to a short-term
solution and can only best be managed by careful long term plaMing.
I also recognize that jails are influenced by many external factors, many of these same
factors also relate to the overall efficiency eX the judicial system. One such example can
be found in recent high profile events of criminality committed by those under
supervised probation in other areas of the state. These heinous criminal acts have
resulted in a swelling of the inmate population as Probation and Parole, assisted by law
enforcement, is aggressively pursuing violators. At the writing of this letter there are
over 400 inmates in the jail facilities of Collier County being held for violation of
probation.
"The duty of the Collier County Sherjff's Office is to preserve and protect 1.- ~
the lives, property and constitutional guarantees of all persons."
,-
Agenda Item No. 91
February 8, 2005
Page 4 of 9
I think it has become critical that we take the necessary steps to reactivate and
revitalize the Public Safety Coordinating Council as defined in Florida Statute §951.26.
The composition required by statue of the Public Safety Coordinating Council
represents all of the components of the judicial system along with the other
stakeholders that are deemed crucial to managing and controlling jail populations. As
this is a system wide prOblem, those involved in the process are best equipped to work
toward a system wide solution.
..
....-'.,
In years past the various elements of the Public Safety Coordinating Council were able
to come together and discuss issues of importance which inftuenced and impacted the
jail population. We were able to plan for new facilities, develop a system wide strategic
plan and employ tadies which enabled local government to cope with the increased
demand for resources in 01..1' rapidly growing- county.
It is my belief that never has it been more important to facilitate open dialog concerning
these issues. It is my hope that you join me in recognizing the need for an active Public
Safety Coordinating Council in Collier County.
Respectfully,
--
-',
GS:DHlpb
Cc: Donna Fiala, Chair BCC
Jim Mudd, County Manager
Mark Middlebrook, Court Administration
Norman O'Rourke, Ass't State Attorney
Michael Orlando, Ass't Public Defender
Agenda Item No. 91
February 8, 2005
Page 50f9
TWENTIETH ..JUDICIAl. CIRCUIT OF FI.ORIDA
HUGH C. HAYES
CHIEF JUDGE
ADMINISTRATIVE OFFICE OF THE COURTS
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
NAPL.ES, FL.ORIOA 34112
TEL.. (239) 774-8116
SUNCOM 751-8116
FAX (239) 774-31B4
L. CARON .JEFFREYS
COURT ADMIr,lISTRATOR
January 18, 2004
The Honorable Fred Coyle
Chairman, Collier Board of County Commissioners
3301 E. Tamiami Trail
Naples, FI34112
In Re: Collier County Public Service Council
Dear Fred:
In follow-up to our previous luncheon discussion regarding ways to better facilitate
communication and understanding between the respective governmental agencies, I am
taking this opportunity to remind you of the need for Collier County to establish a Public
Safety Council.
Byway of example, the Charlotte County Public Safety Council meets monthly (Thursdays)
and the Lee County Council likewise meets on a monthly basis (Wednesdays). The
committee usually has a representative from the County Commission, (usually the Chair),
the Sheriff's Department (usually the Sheriff and two or three of his division commanders),
the elected State Attorney and the elected Public Defender (who also usually bring their
respective county administrators from their offices), the Chief Judge or his designate and
the Court Administrator or her designate.
I have found these meetings to be quite helpful in being able to communicate with the
elected governmental officials, and particularly when we are dealing with jail overcrowding,
courthouse space requirements, and general manpower needs.
As I say, this is merely a reminder per your request and the request of the Sheriff that we
re-initiate a worthwhile committee, one that has historically been used in Collier County,
but for some reason, has been abandoned for the last five or six years.
Agenda Item No. 91
February 8, 2005
Page 6 of 9
Chairman Fred Coyle
Page Two
January 18, 2005
If you would designate someone to contact Mark Middlebrook, our Court Administrative
Service Manager, then we will be more than happy to plan and initiate the first meeting of
the committee. . . or whatever way you want to handle that is fine with me.
Respectfully yours,
~~~,øJ
H h D. ay ,C f Judge
entie h Judicia ircuit
HDHljm
copy to:
Sheriff Don Hunter
L. Caron Jeffreys, Court Administrator
Statutes & Constitution :View Statutes :->2004->Ch0951->Section 26: flsenate.gov Page 1 of3
Agenda Item No. 9/
February 8, 2005
Select Year: 12004 .:!laol Page 7 of 9
The 2004 Florida Statutes
Titl~XI..YII
CRIMINAL PROCEDURE AND
CORRECTIONS
Chapt~r 951
COUNTY AND MUNICIPAL
PRISONERS
View Entire
Chapter
951.26 Public safety coordinating councils.--
(1) Each board of county commissioners shall establish a county public safety coordinating council
for the county or shall join with a consortium of one or more other counties to establish a public
safety coordinating council for the geographic area represented by the member counties.
(a)l. The public safety coordinating council for a county shall consist of:
a. The state attorney, or an assistant state attorney designated by the state attorney.
b. The public defender, or an assistant public defender designated by the public defender.
c. The chief circuit judge, or another circuit judge designated by the chief circuit judge_
d. The chief county judge, or another county judge designated by the chief county judge.
e. The chief correctional officer.
f. The sheriff, or a member designated by the sheriff, if the sheriff is not the chief correctional
officer.
g. The state probation circuit administrator, or a member designated by the state probation
circuit administrator, to be appointed to a 4-year term.
h. The chairperson of the board of county commissioners, or another county commissioner as
designee.
i. If the county has such program available, the director of any county probation or pretrial
intervention program, to be appointed to a 4-year term.
j. The director of a local substance abuse treatment program, or a member designated by the
director, to be appointed to a 4-year term.
k. Representatives from county and state jobs programs and other community groups who work
with offenders and victims, appointed by the chairperson of the board of county commissioners to
4-year terms.
2. The chairperson of the board of county commissioners, or another county commissioner as
designee, shall serve as the chairperson of the council until the council elects a chairperson from
the membership of the council.
(b)l. The public safety coordinating council for a consortium of two or more counties shall consist
of the following members, appointed with the approval of each board of county commissioners
within the consortium:
http://www . flsenate.gov/Statutes/index.cfm?p=2&App _ mode= Display _ Statute&Search _ String=&... 2/212005
Statutes & Constitution :View Statutes :_>2004->Ch0951->Section 26: flsenate.gov Page 2 of3
Agenda Item No. 9\
February 8, 2005
a. A chief circuit judge, or a circuit judge designated by a chief circuit judge. Page 8 of 9
b. A chief county judge, or a county judge designated by a chief county judge.
c. A state attorney, or an assistant state attorney designated by a state attorney.
d. A public defender, or an assistant public defender designated by a public defender.
e. A state probation circuit administrator, or a member designated by a state probation circuit
administrator, to be appointed to a 4-year term.
f. A physician who practices in the area of alcohol and substance abuse, to be appointed to a 4·
year term.
g. A mental health professional who practices in the area of alcohol and substance abuse, to be
appointed to a 4-year term.
h. A sheriff or a jail administrator for a county within the consortium.
1. A chief of police for a municipality within the geographic area of the consortium.
j. A county commissioner from each member county of the consortium.
k. An elected member of the governing body of the most populous municipality within the
geographic area of the consortium.
l. An elected member of a school board within the geographic area of the consortium.
2. The members of the public safety coordinating council shall elect a chairperson from among its
members.
(2) The council shall meet at the caU of the chairperson for the purpose of assessing the
population status of all detention or correctional facilities owned or contracted by the county, or
the county consortium, and formulating recommendations to ensure that the capacities of such
facilities are not exceeded. Such recommendations shall include an assessment of the availability
of pretrial intervention or probation programs, work-release programs, substance abuse programs,
gain-time schedules, applicable bail bond schedules, and the confinement status of the inmates
housed within each facility owned or contracted by the county, or the county consortium.
(3)(a) The council may also develop a local public safety plan for future construction needs. The
plan must cover at least a 5-year period. The plan may be submitted for consideration to the local
planning agency for the county, or the planning agency for each county within the consortium, at
least 120 days before the adoption of or amendment to the comprehensive plan for the county by
the local planning agency pursuant to part II of chapter 163.
(b) Each county, or county consortium, that contracts to receive community corrections funds for
its community corrections programs under s. 948.51 shall require the public safety coordinating
council to develop a comprehensive public safety plan as described therein which includes the
future public safety construction needs as described in paragraph (a).
(4) All meetings of a public safety coordinating council, as well as its records, books, documents,
and papers, are open and available to the public in accordance with ss. 119.07 and 286.01t.
History.us. 2, ch. 87-340; s. 90, ch. 88-122; s. 16, ch. 91-225; s. 35, ch. 92-310; s. 7, ch. 93-204; s.
44, ch. 95-283; s. 32, ch. 96-312; s. 1881, ch. 97-102.
http://www .flsenate.gov/Statutes/index.cfm?p=2&App _ mode=Display _ Statute&Search _ String=&... 2/2/2005
Statutes & Constitution :View Statutes :->2004->Ch0951->Section 26: flsenate.gov Page 3 of3
Agenda Item No. 91
February 8, 2005
Page 9 of 9
Disclaimer: The information on this system is unverified. The journals or printed bllls of the respective chambers should be
consulted for official purposes_ Copyright Cl2000-2004 State of Florida.
http://www . flsenate.gov/Statutes/index.cfm ?p=2&App _ mode=Display _ Statute&Search _ String=&... 2/2/2005
Agenda Item No.1 OA
February 8, 2005
Page 1 of 13
,'-
EXECUTIVE SUMMARY
Recommendation to approve the new contracts that have been negotiated with
Immokalee Disposal Company, Inc., and Waste Management Inc. of Florida for solid
waste collection services
OBJECTIVES: (1) To inform the Board of County Commissioners ("Board") about the new
contracts that have been negotiated with Immokalee Disposal Company, Inc. ("IDC"), and
Waste Management Inc. of Florida ("WMIF") for solid waste collection services; and (2) to
determine whether the Board wishes to approve and execute the new contracts.
CONSIDERATIONS: The County currently has contracts with IDC and WMIF for the
collection of solid waste generated in Collier County. These contracts will expire on
September 30, 2006.
In April 2004, staff surveyed other Florida counties and found that Collier County receives a
relatively high level of service and pays a relatively low price for the collection of residential
solid waste. Staff recently expanded and updated the survey, confirming that the County's
residential and commercial prices are competitive with the prices paid elsewhere in Florida.
On June 8, 2004, the Board directed staff to negotiate new contracts with IDC and WMIF.
The Board also directed staff to solicit prices from IDC and WMIF for four different levels of
,~ service.
On November 30,2004, the staff informed the Board about the status of contract negotiations
(see the November 30, 2004 Executive Summary attached as Exhibit 2). On November 30,
2004, the Board directed staff to continue negotiations with IDC and WMIF based on an 8-
year contract with operations commencing on October 1, 2005. The Board concluded that
IDC should provide the level of service identified as "Option An within Service District II and
WMIF should provide the level of service identified as "Option B" within Service District I.
Under Option A and Option B, residential garbage will be collected two times each week.
Recyclable materials, yard trash, white goods, bulky waste, electronic waste, tires, and lead
acid batteries will be collected from residential customers once each week.
The primary distinction between the level of service provided with Options A and B is that
with Option A, recyclable materials will be collected in 18-gallon bins. With Option B,
recyclable materials will be collected in 64-gallon carts.
,~
1
Agenda Item NO.1 OA
February 8, 2005
Page 2 of 13
--
The County's ProDosed Contracts
Staff has negotiated new contracts that are much better than the County's existing contracts
with IDC and WMIF. By comparison to the existing contracts, the new contracts will provide
significant benefits to the County in the following areas:
· Better control of future prices. The County's existing contracts allow IDC and WMIF
to increase their residential and commercial prices each year at a rate equal to 100%
of the annual increase in the Consumer Price Index ("CPI"). Under the proposed
contracts, the annual increases will be limited to 70% of the CPI, and shall not exceed
5% in any year.
· Better performance standards. The proposed contracts contain performance
standards (Le., minimum requirements) that are more detailed and more
comprehensive than the requirements in the County's existing contracts.
· Better enforcement. The proposed contracts expand the County's authority to collect
liquidated damages if IDC or WMIF fail to comply with the County's performance
standards. Liquidated damages may be collected in more cases, and in greater
amounts, under the proposed contracts.
· Better control by the County. The proposed contracts give the County authority to
decide many of the issues and questions that may arise under the contracts. The
proposed contracts also expand the County's authority to require IDC and WMIF to
,"-" take corrective action in many cases. For example, the proposed contracts expressly
authorize the County to require IDC or WMIF to remove a vehicle from service if the
vehicle is spilling fluids or solid waste. In addition, the proposed contracts prohibit IDC
and WMIF from assigning any of their rights or responsibilities to anyone else, without
the express written consent of the Board.
. Better termination provisions. The proposed contracts clarify and expand the
County's authority to terminate the services of IDC or WMIF if they fail to perform in
compliance with the contracts. For example, the Board may terminate the proposed
contracts if the Board concludes that IDC or WMIF are "habitual" violators of the
contract.
. Better process for handling customer complaints. Customers currently call IDC
and WMIF to report complaints. Consequently, the County sometimes is not fully and
timely informed about customer complaints. Under the proposed contracts, customers
will call the County and then the County will contact IDC and WMIF. The County will
take responsibility for ensuring that the complaint is resolved properly.
. Better record keeping and reporting. The proposed contracts require IDC and
WMIF to provide the County with extensive monthly and annual reports about their
activities, thus enabling the County to better evaluate IDC's and WMIF's performance.
The record keeping and reporting requirements in the County's existing contracts are
minimal.
.,,-..
2
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Agenda Item NO.1 OA
February 8, 2005
Page 3 of 13
· Better educational programs. The proposed contracts require IDC and WMIF to
increase their participation in the County's educational programs conceming the
County's recycling and solid waste management systems.
· Better insurance protection. The proposed contracts require IDC and WMIF to
provide more insurance. For example, the liability insurance must be increased from
$5 million under the existing contract to $10 million under the proposed contract.
· Better transitions in service. The proposed contracts establish requirements that
IDC and WMIF must satisfy when they make the transition from the existing contract to
the new contract. The proposed contracts also establish requirements for transitioning
to new service providers in the event IDC and/or WMIF's contract is terminated and
the County contracts with new collection companies. The existing contracts do not
provide for any transitions in service or service providers.
. Better dispute resolution process. The proposed contracts establish a dispute
resolution process that encourages quick and informal settlements, through mediation
if necessary, rather than litigation. The proposed contracts expand and enhance the
dispute resolution processes in the existing contracts.
. Better commercial rates. The proposed contracts will reduce the amount paid for
commercial collection services. (This issue is discussed further in "Reduced Costs for
New Collection Services" below).
,-- . Better provisions for future changes in the County's services. The proposed
contracts establish the processes that will be followed if the County decides to (a)
provide recycling carts for use in IDC's Service District II or (b) collect and process
commercial organic waste (e.g., food wastes from restaurants).
The County's proposed contracts with IDC and WMIF are available for review in the Board's
Minutes and Records System and in the offices of the County's Public Utilities Division.
Reduced Costs for New Collection Services
On November 30,2004, the Board reviewed the rates that had been proposed by IDC and
WMIFfor their services under the proposed contracts. Staff subsequently negotiated lower
prices with IDC and WMIF. WMIF's proposed annual rate for residential services was
reduced by $1.20. In addition, the commercial rates for IDC and WMIF were reduced. This
reduction is due to a reduction of the "conversion factor" used for compacted waste. The
conversion factor will be reduced from 605 pounds per cubic yard under the existing
contracts to 345 pounds per cubic yard under the new contracts. As a result of this change,
businesses and multi-family dwellings using a compactor will collectively save approximately
$900,000 each year under the new contracts.
GROWTH MANAGEMENT IMPACT: It is anticipated that the new contracts will improve the
County's growth management capabilities. The new contracts will promote and enhance the
opportunities for residential recycling. To the exie!)t that recycling increases, the contracts
will help preserve the capacity (airspace) at the Naples Landfill.
,,--
3
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Agenda Item NO.1 OA
February 8, 2005
Page 4 of 13
FISCAL IMPACT: Under the proposed contract, in fiscal year 2006 (beginning October 1,
2005), the annual collection cost for a single-family residence in IDC's Service District II will
be $82.38. This cost is $3.21 per year ($0.27 per month) less than the cost that would be
paid in fiscal year 2006 under the existing contract.
Under the proposed contract, in fiscal year 2006, the annual collection cost for a single-family
residence in WMIF's Service District I will be $91.44. This cost is $9.79 per year ($0.82 per
month) more than the cost that would be paid in fiscal year 2006 under the existing contract.
Exhibit 1 (attached) depicts the total cost of residential solid waste services in Collier
County's Service District I and in other Florida counties. Exhibit I shows that the present cost
of residential solid waste services in Service District I is relatively low in comparison to other
Florida counties. Even with the increased cost in Service District I under the proposed
contract, Exhibit I shows the total costs for solid waste services still compare favorably to the
costs paid in other counties. It should be noted that Collier County will provide a higher level
of service under the new contract than any of the other counties identified in Exhibit I.
If the County's disposal costs are reduced as a result of an increase in the residential
recycling rate, this decrease in disposal costs will provide a long-term intangible economic
benefit by preserving capacity (airspace) in the Naples Landfill. Although this long-term
benefit will not immediately reduce the County's annual assessments for solid waste
services, the future value of the preserved landfill capacity may be significant. For example,
if the County's residential recycling rate increases to 32%, the net present value of the
preserved airspace may exceed $8.2 million (approximately $85 per single-family residence
~ over the next 20 years).
The actual amount of the County's savings in waste disposal costs and landfill capacity will
depend upon the citizens of Collier County and their willingness to recycle. The County's
2003-2004 pilot program indicated that the County's recycling rates will improve if recycling
carts are used.
As presented at the November 30,2004, Board meeting (see Exhibit 2), staff has analyzed
the cost of administering the proposed contracts, including the cost of providing an increased
level of customer service. Under the proposed contracts, all customer calls will be processed
through the County, rather than IDC and WMIF. This approach will give the County better
control over customer service and will provide greater accountability to the County's
customers. Taking direct responsibility for customer service will require the County to add two
full-time employees ("FTEs"). but will not cause an increase in the County's annual
assessment for solid waste services. The costs of the new FTEs will be allocated based on
customer services (Le., residential service versus commercial service). Staff's recent
analysis of its activities shows that commercial customers have not been paying their fair
share of the costs the County incurs for their benefit. Accordingly, the staff proposes to
increase the commercial franchise fee to three percent (3%) from the current two percent
(2%). This action will generate an additional $155,000 per year (FY2006). which will pay the
cost of the two FTEs ($90,000) and provide $65,000 that will be used to reduce the
"administrative" portion of the annual assessment paid by residential customers. Increasing
the franchise fee from two percent to three percent will increase the fees paid by an average
commercial customer by $42 per year ($3.50 per month).
. ..--.
4
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,.--
Agenda Item NO.1 OA
February 8, 2005
Page 5 of 13
RECOMMENDATION: That the Board approve and authorize the execution of the new
contracts with IDC and WMIF for solid waste services.
PREPARED BY: John Yon kosky, Director Utility Billing and Customer Service
5
Agenda Item No.1 OA
February 8, 2005
Page 6 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
10A
Recommendation to approve the new contracts that have been negotiated with Immokalee
Disposal Company, Inc. and Waste Management, Inc. of Florida for solid waste collection
services. (Jim DeLony. Administrator, Public Utilities)
2/8/20059:00:00 AM
Item Number
Item Summary
Approved By
John A. Yonkosky
Utility Billing Director
Date
Public Utilities
UBCS
1/28/20058:47 AM
Approved By
Kelsey Ward
Senior Purchasing and Contracts
Agent
Date
Administrative Services
Purchasing
1/28/200510:02 AM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/28/2005 10:17 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
1/28/200510:23 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
1/28/200510:43 AM
Approved By
G. George Yilmaz
Solid Waste Director
Date
Public Utilities
Solid Waste
1/28/200510:58 AM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
1/28/2005 11 :45 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28/20051:17 PM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/28/20053:52 PM
Approved By
Michael Smvkowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
2/1120058:48 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
2/1/20059:19 AM
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Agenda Item NO.1 OA
February 8, 2005
Page 7 of 13
EXHIBIT 1
Comparison of Annual Single Family Residential Solid Waste Costs by County
(As of January 2005)
$250
$200
$50
$0
Manatee
Osceola
Polk
Sarasota
Collier Chartotta HiUsborough
County
Laka
Palm Beach
Laa
¡;¡:¡ Disposal & Administration
. Collection
. Option B
. The costs shown for Collier County are based on Service District I. The costs in Service District II are less.
Agenda Item No. 10A
February 8, 2005
Page 8 of 13
EXHIBIT 2
EXECUTIVE SUMMARY
Interim progress report about the County's negotiations with Waste
Management Inc. of Florida and Immokalee Disposal Company for solid waste
collection services
OBJECTIVES: (1) To inform the Board of County Commissioners ("Board") about
the status of the County's negotiations with Waste Management Inc. of Florida
('WMIF") and Immokalee Disposal Company, Inc. ("I DC"), for solid waste collection
services; (2) to identify the level of service that the Board wishes to procure; and (3)
to determine whether the Board wants staff to (a) continue with the negotiations and
present contracts to the Board for its review and approval or (b) terminate the
negotiations and issue a request for proposals ("RFP").
CONSIDERATIONS: The County currently has contracts with WMIF and IDC for the
collection of solid waste generated in Collier County. Since these contracts will
expire on September 30, 2006, the County's staff contacted 37 counties in Florida to
solicit information about their solid waste programs and contracts. The County's
survey (April 2004) demonstrated that Collier County receives a relatively high level
of service and pays a relatively low price for the collection of residential solid waste.
The results of the survey are summarized in Exhibit 1. The staff's findings were
presented to the Board at a public meeting on June 8, 2004. In light of these
findings, the Board instructed staff to renegotiate the County's contracts with WMIF
and IDC. The Board also instructed staff to solicit prices from WMIF and IDC for four
different options (Options A, B, C, and D), which are based on four different levels of
service. These options are summarized in Exhibit 2.
Three of the options (Options B, C, and D) will enhance the County's residential
recycling program by providing the County's residents with 64-gallon, wheeled
recycling carts, which will replace the 18-gallon recycling bins that are used currently.
The potential benefits of the recycling carts were revealed during a pilot program
conducted from October 2003 to January 2004 in the Willoughby Acres and Heritage
Way communities. These areas were selected for the pilot program with recycling
carts, in part, because they had participated in the County's 1997 pilot program with
residential solid waste carts. These communities primarily consist of single-family
homes with year-round residents, with more than two people per unit, and they are
representative of western Collier County. During the County's pilot program, the
recycling tonnage increased more than 50 percent when the County's 18-gallon
recycling bin was replaced with a 64-gallon, wheeled recycling cart. In addition, the
disposal of municipal solid waste decreased approximately 10 percent (by weight).
Program participants indicated that recycling increased because the recycling carts
are larger and easier to use than recycling bins. The results of the County's pilot
recycling program are consistent with the results of other studies, which show that
1
Agenda Item No. 10A
February 8, 2005
Page 9 of 13
public participation in a recycling program will increase when the program makes it
easier and more convenient to recycle.
Staff has attempted to identify and procure the best value for the County's residents.
Among other things, staff requested prices from WMIF and IDC for the four collection
options, based on contracts with 5, 7, or 8 year terms. These options and terms are
designed to provide the Board with an appropriate range of residential services and
prices to choose from. WMIF's prices are presented in Exhibit 3a; IDC's prices are
presented in Exhibit 3b.
The fees paid to WMIF and IDC for residential collection services are collected as
part of the County's annual solid waste assessment, which is on the County's ad
valorem tax bill. Disposal costs and administrative costs also are included in the
annual assessment. The annual solid waste assessment is calculated as follows:
collection cost + disposal cost + administrative cost = annual solid waste
assessment.
The County's Proposed Contracts
The County's staff has prepared new contracts, which are significantly better than the
County's existing contracts with WMIF and IDC. The proposed new contracts are
based on contracts recently used in other Florida communities, but they have been
tailored to address Collier County's specific concerns. The proposed contracts
contain performance standards that will give the County better control over the
performance and prices of WMIF and IDC, regardless of whether the Board selects
Option A, B, C or D. For example, the existing contracts allow WMIF and IDC to
increase their prices each year at a rate equal to 100% of the annual increase in the
Consumer Price Index ("CPI"). Under the proposed contracts, the annual increases
will be limited to 70% of the CPI, and shall never exceed 5% per year. The proposed
contracts also establish better requirements for monitoring, record keeping, reporting,
insurance, citizen complaints, dispute resolution, and enforcing the County's
standards.
These provisions in the new contracts have been negotiated with WMIF and IDC, and
the prices submitted by WMIF and IDC are based on the premise that they shall be
required to comply with the County's new standards. After the Board selects its
preferred option for solid waste collection services, the proposed contracts will be
revised, as necessary, to reflect the Board's choice. The Board will be given an
opportunity to review and approve the final draft of the proposed contracts after the
negotiations with WMIF and IDC are completed.
WMIF's Residential Prices
Under Option A, WMIF will continue to provide the current level of service, without
increasing WMIF's prices above the amounts that are currently authorized. Under
Option A and the other options, the lowest price will be obtained by selecting an 8-
year term, which will begin on October 1, 2005, rather than October 1, 2006, so that
the County can enjoy the benefits of the proposed contracts at an earlier date.
2
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Agenda Item No.1 OA
February 8, 2005
Page 10 of 13
Option B is the same as Option A, except that: (1) Option B includes the use of 64-
gallon recycling carts, instead of 18-gallon recycling bins; and (2) Option B prohibits
the disposal of yard waste in plastic bags. Option B provides enhanced opportunities
for residential recycling with the recycling carts, but WMIF's prices for Option B are
higher than WMIF's prices for Option A, and may cause an increase in the annual
assessment for single-family residences. The increased cost of using recycling carts
will be partially offset if there is increased recycling and a reduction in waste disposal
costs at the Naples Landfill, as would be expected, based on the results of the
County's pilot project with recycling carts. Option B also may provide long-term
benefits to the County by increasing the County's residential recycling rate and
decreasing the quantity of solid waste requiring disposal, which will preserve valuable
capacity (airspace) in the Naples Landfill. However, it is difficult to accurately predict
the magnitude of any offset or long-term benefit. It is clear that Option B offers a
better level of recycling service for the County, but the long-term costs and benefits of
Option B will depend upon the public's willingness to recycle. The economic impacts
of Option B are estimated below (see "Fiscal Impacts"), based on a hypothetical
scenario.
Option C involves a reduction in the level of service provided in Option B. With
Options A and B, the County's residents may dispose of unlimited amounts of
household waste in garbage carts and plastic bags, as they do under the County's
current contracts. With Option C, residents will no longer be able to dispose of
unlimited amounts of household waste and they will no longer be able to use plastic
bags for the disposal of household waste, except on holidays. Although there will be
a reduction in the level of service under Option C, WMIF's prices for Options Band C
are the same. Consequently, there is no economic incentive for the Board to select
Option C, rather than Option B.
Option 0 is the same as Option C, except that residential solid waste will be collected
once each week, instead of twice each week. WMIF's prices for Option 0 are less
than WMIF's prices for Options Band C. Here, as in Option B, the overall economic
impact of using recycling carts includes the cost of WMIF's services, offset by the
savings resulting from increased recycling and reduced landfill disposal costs.
Option 0 provides an opportunity to reduce the County's costs, based on a reduction
in the level of service for residential collection, but it also offers a potential
enhancement to the residential recycling program.
IDC's Residential Prices
As shown in Exhibit 3b, IDC's prices for Option A (Le., the current level of service) will
be less than IDC's current prices, if the County selects an a-year contract. IDC's
prices in the future will be greater than IDC's current prices if the County selects
Options B, C, or 0, because those options require IDC to use recycling carts.
Commercial Prices
In general, the prices charged for the collection of commercial waste under the
existing contracts will not change if the proposed contracts are adopted. There are
two exceptions. First, the existing contracts allow WMIF and IDC to increase their
prices for commercial collection services each year by an amount that is equal to
3
Agenda Item No.1 OA
February 8, 2005
Page 11 of 13
100% of the annual increase in the CPI. The proposed contracts will limit the annual
increases to 70% of the CPI, and shall never exceed 5% per year. Thus, the
proposed contracts will give the County better control over future price increases for
the collection of commercial waste. Second, the proposed contracts allow the
County to increase the County's administrative fee for commercial waste from the
current 2% to a maximum of 5%. The County will review the administrative fee each
year to ensure that it is set at an appropriate level.
Policy Considerations
Under the County's existing contracts, the same level of service is provided to the
residents of District 1 and District 2. However, IDC's specific obligations are
somewhat different than WMIF's. For example, the County currently provides
recycling bins to IDC, but the County generally does not provide recycling bins to
WMIF. In addition, the cost of IDC's collection service in District 2 is greater than the
cost of WMIF's service in District 1. Staff assumes that IDC's specific obligations and
prices will continue to be somewhat different than WMIF's under the new contracts.
During the negotiations with WMIF and IDC, the County's staff assumed that the
same level of service would be provided in District 1 and District 2. However, the
staffs analysis of fiscal impacts (see below) shows that the cost of collection services
in District 2 will increase dramatically if Option B is selected. Moreover, Exhibit 3a
and 3b show that the cost of collection services in District 2 will be significantly
greater than the cost of collection services in District 1 if Option B is selected. In light
of these economic impacts, staff recommends Option B for District 1 and Option A for
District 2.
This recommendation will enable the County to upgrade its recycling program in
District 1 and District 2. In District 1, recycling carts will be purchased to replace the
County's recycling bins. When this occurs, the County will have a large supply of
extra recycling bins, which can be provided to those residents in District 2 that wish to
recycle more.
GROWTH MANAGEMENT IMPACT: This agenda item will affect the County's
growth management capabilities. Option A maintains the County's current level of
service and capabilities. Options B, C, and D provide an opportunity to enhance
residential recycling and thereby divert solid waste from the Naples Landfill. If there
is increased recycling, the landfill's capacity will be preserved for the future.
FISCAL IMPACT: All options (A, B, C and D) are most cost-effective when they are
based on an 8-year contract and, therefore, the following analysis is based on the
use of 8-year contracts, which will start on October 1, 2005 (fiscal year 2006).
With Option A, there will be a reduction in the annual collection costs in District 1
(WMIF) and in District 2 (IDC) as a result of the staffs negotiations.
With Option B in District 1, the annual cost for a single-family residence will be
$10.99 greater than the cost that would be paid in fiscal year 2006 under the existing
contract, and $11.04 greater than the cost that would be paid under Option A. With
Option B in District 2, the annual cost for a single family residence will be $20.18
4
Agenda Item No.1 OA
February 8, 2005
Page 12 of 13
greater than the cost that would be paid in fiscal year 2006 under the County's
existing contract with IDC, and $19.45 greater than the cost that would be paid under
Option A. These prices are based on the assumption that WMIF and IDC will
purchase the recycling carts and distribute them to the County's residents.
The County's staff has evaluated the possibility of purchasing the recycling carts for
WMIF and IDC, as a means of reducing the cost of Option B. The staffs analysis
demonstrates that this approach will not provide any net savings for the County. This
approach would reduce the prices charged by WMIF and IDC, but the costs
associated with purchasing and managing the carts will outweigh the savings. This
approach also adds administrative burdens and additional risks for the County.
Consequently, the staff does not recommend this approach.
The overall cost of Option B will be reduced if the use of recycling carts causes the
County's recycling rate to increase and the County's waste disposal costs to
decrease. Hypothetically, the reduction in disposal costs may save $3.70 per single-
family residence in fiscal year 2007 if the County's recycling rate increases to 32%
from the current rate of 26%.
In addition to the immediate savings that will occur if the County's disposal costs are
reduced, the County's residents will enjoy a long-term intangible economic benefit
with Options B, C and 0 if these options increase the County's residential recycling
rates and thereby preserve the capacity of the Naples Landfill. Although this long-
term benefit will not reduce the County's annual assessments at present, the future
value of the preserved landfill capacity may be significant. It is estimated that the net
present value of the preserved airspace may exceed $8.2 million (approximately $85
per single-family residence over the next 20 years) if the County's residential
recycling rate increases to 32% from the current recycling rate of 26%.
Under Option B, Collier County will continue to provide unlimited garbage service
with an improved contract, including an increase in recyclables collection capacity.
Local and national solid waste trends indicate that solid waste generation is
increasing dramatically. Option B provides an opportunity to recycle more, while still
providing the same high level of service for solid waste collection. The County's
success under Option B will depend upon the citizens of Collier County and their
willingness to recycle. The savings in waste disposal costs and the value of the
preserved landfill capacity will be directly related to the public's recycling efforts with
the new recycling carts. The County's pilot program suggests that the County's
recycling rates will improve with the recycling carts, but the staff cannot accurately
predict the results that will be achieved by using recycling carts throughout the
County on a permanent basis.
Staff has analyzed the cost of administering the proposed contracts, including the
cost of providing greater customer service. Under the proposed contracts, all
customer calls will be processed through the County, rather than WMIF or IDC. This
approach will be used, regardless of whether the Board selects Option A, B, C, or D.
This approach will give the County better control over customer service and will
provide greater accountability to the County's customers. Taking full responsibility for
customer service will require the County to add two full-time employees ("FTE"), but
will not cause an increase in the County's annual solid waste assessment. The new
5
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Agenda Item No. 10A
February 8, 2005
Page 13 of 13
costs for the FTEs will be allocated based on customer services (Le., residential
service versus commercial service). Staff's recent analysis of its activities shows that
commercial customers have not been paying their fair share of the costs the County
incurs for their benefit. Accordingly, the staff proposes to increase the commercial
franchise fee to three percent (3%) from the current two percent (2%). This action
will generate an additional $155,000 dollars per year (FY2006), which will pay the
cost of the two FTEs ($90,000) and provide $65,000 that will be used to reduce the
"administrative" portion of the annual assessment paid by residential customers. The
average increase to an individual commercial customer as a result of increasing the
franchise fee from two percent to three percent will be $42 per year.
RECOMMENDATION: That the Board:
(1) Select Option B, with an 8-year term, for District 1;
(2) Select Option A, with an 8-year term, for District 2;
(3) Require WMIF to provide the recycling carts under Option B;
(4) Continue to provide the recycling bins to IDC under Option A;
(5) Authorize the County staff to complete its negotiations with WMIF and IDC,
based on recommendations (1) through (4), above;
(6) Instruct staff to continue its efforts to obtain better prices from WMIF and
IDC; and
(7) Instruct staff to prepare the final contracts with WMIF and IDC and submit
the contracts for the Board's approval at the first Board meeting in February
2005.
PREPARED BY: John Yon kosky, Utility Billing and Customer Service Director
6
EXECUTIVE SUMMARY
Agenda Item No. 12A
February 8, 2005
Page 1 of 2
,.......-
Recommendation for the Board of County Commissioners, Pursuant to Section
112.313(12), FlII. Stat., to Consider the Request of Collier County Land Acquisition
Advisory Committee Member Ellen Goetz for an Exemption From Any Potential Conflict
of Interest.
OBJECTIVE: Recommendation for the Board of County Commissioners, pursuant to Section
112.313(12), Fla. Stat., to consider the request of Collier County Land Acquisition Advisory Committee
member Ellen Goetz for an exemption iTom any potential conflict of interest.
CONSIDERATIONS: Conservation Collier Land Acquisition Advisory Committee member Ellen
Goetz is a landscape architect who is a principal in her own firm, i.e., Goetz & Stropes Landscape
Architects, Inc. Her fino has recently submitted a response to a Request for Proposals relating to the
design of a 50 acre parcel recently acquired by the County immediately to the north of Golden Gate
Parkway and sometimes referred to as the "Fleischman Parcel." The formal name of the project for which
Ms. Goetz's fmn has submitted a response to the Request for Proposals is "RFP 05-3774 Gordon River
Water Quality Park Engineering Design." The scope of the services includes providing an engineering
design for the construction of a stormwater treatment facility to provide flood relief, surface water
treatment and recreation.
Under Sections 112.313(3) and (7), Fla. Stat., persons who are advisory board members quite often have
a conflict of interest that prohibits either them or their employers from entering into contractual
relationships with the County or selling goods or services to the County. Nevertheless, under Section
112.313(12), Fla. Stat., the Legislature has provided for the following exemption from any such conflicts:
~
The requirements of subsections (3) and (7) as they pertain to
persons serving on advisory boards may be waived in a particular
instance by the body which appointed the person to the advisory
board, upon a full disclosure of the transaction or relationship to
the appointing body prior to the waiver and an affirmative vote in
favor of waiver by two-thirds vote of that body.
If Ms. Goetz's fino is selected by the selection committee for the project and negotiates a contract, the
Board will be called upon to approve the contract. If the contract is approved. Ms. Goetz's firm would be
in a position of being in a contractual relationship with the County and also be involved in the sale of
services to the County. In addition, it should be noted that pursuant to prior Board direction, some yet to
be defined percentage of the ultimate acquisition costs for the "Fleischman Parcel" will be paid for by
Conservation Collier Trust Fund dollars. Thus, she seeks this waiver in advance and in accordance with
state law. Ms. Goetz will also be filing as part of her disclosure a Form 4A Disclosure of Business
Transaction, Relationship or Interest as required by the Florida Commission on Ethics. That form will be
filed prior to the Board of County Commissioners meeting at which the Board considers Ms. Goetz's
request for exemption and be made available to all Board members and the public.
FISCAL IMPACT: There is no known fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMP ACT: There is no known growth management impact associated
with this Executive Summary.
.,,-.
RECOMMENDATION: That the Board consider Ms. Goetz's request to be exempted from the
provisions of Section 112.313(3) and 112.313(7), Fla. Stat., that otherwise prohibit certain business
relationships on the part of persons serving on advisory boards.
PREPARED BY:
Michael W. Pettit, Chief Assistant County Attorney
Agenda Item No. 12A
February 8, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
12A
Recommendation for the Board of County Commissioners. Pursuant to Section 112.313(12).
Fla. Stat., to Consider the Request of Collier County Land Acquisition Advisory Committee
Member Ellen Goetz for an Exemption From Any Potential Conflict of Interest.
218/2005 9:00:00 AM
Item Number
Item Summary
Approved By
Michael Pettit
Chief Assistant County Attorney
Date
County Attorney
County Attorney Office
1/281200511:09 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28/20051 :24 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/31/200511:03 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/31/200511:33 AM
EXECUTIVE SUMMARY
Agenda Item No. 128
February 8, 2005
Page 1 of 2
-.
Recommendation for the Board of County Commissionen, Pursuant to Section
112.313(12), Fla. Stat., to Consider the Request of Collier County Land Acquisition
Advisory Committee Member Michael Delate for an Exemption From Any Potential
Conßict of Interest.
OBJECTIVE: Recommendation for the Board of County Commissioners, pursuant to Section
112.313(12), Fla. Stat., to consider the request of Collier County Land Acquisition Advisory Committee
member Michael Delate for an exemption from any potential conflict of interest.
CONSIDERATIONS: Conservation Collier Land Acquisition Advisory Committee member Michael
Delate works for the company of Grady Minor and Associates, P.A ("Grady Minor"). Grady Minor bas
recently submitted a response to a Request for Proposals relating to the design of a 50 acre parcel recently
acquired by the County immediately to the north of Golden Gate Parkway and sometimes referred to as
the "Fleischman Parcel." The formal name of the project for which Mr. Delate's company has submitted
a response to the Request for Qualifications is "RFP 05-3774 Gordon River Water Quality Park
Engineering Design." The scope of the services includes providing an engineering design for the
construction of a storm water treatment facility to provide flood relief, surface water treatment and
recreation.
Under Sections 112.313(3) and (7), Fla. Stat., persons who are advisory board members quite often have
a conflict of interest that prohibits either them or their employers from entering into contractual
relationships with the County or selling goods or services to the County. Nevertheless, under Section
112.313(12), Fla. Stat., the Legislature has provided for the following exemption from any such conflicts:
-.
The requirements of subsections (3) and (7) as they pertain to
persons serving on advisory bœrds may be waived in a particular
instance by the body which appointed the person to the advisory
board, upon a full disclosure of the transaction or relationship to
the appointing body prior to the waiver and an affirmative vote in
favor of waiver by two-thirds vote of that body.
If Mr. Delate's company is selected by the selection committee for the project and negotiates a contract,
the Board will be called upon to approve the contract. If the contract is approved. Mr. Delate's company
would be in a position of being in a contractual relationship with the County and also be involved in the
sale of services to the County. In addition, it should be noted that pursuant to prior Board direction, some
yet to be defined percentage of the ultimate acquisition costs for the ""Fleischman Parcel" will be paid for
by Conservation Collier Trust Fund dollars. Thus, he seeks this waiver in advance and in accordance
with state law. Mr. Delate will also be filing as part of his disclosure a Form 4A Disclosure of Business
Transaction, Relationship or Interest as required by the Florida Commission on Ethics. That form will be
filed prior to the Board of County Commissioners meeting at which the Board considers Mr. Delate's
request for exemption and be made available to all Bœrd members and the public.
FISCAL IMPACf: There is no known fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMP ACT: There is no known growth management impact associated
with this Executive Summary.
,,-..
RECOMMENDATION: That the Board consider Mr. Delate's request to be exempted from the
provisions of Section 112.313(3) and 112.313(7), Fla. Stat., that otherwise prohibit certain business
relationships on the part of persons serving on advisory boards.
PREPARED BY:
Michael W. Pettit, Chief Assistant County Attorney
Agenda Item No. 128
February 8, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
128
Recommendation for the Board of County Commissioners, Pursuant to Section 112.313(12),
Fla. Stat., to Consider the Request of Collier County Land Acquisition Advisory Committee
Member Michael Delate for an Exemption From Any Potential Conflict of Interest.
2/8/20059:0000 AM
Item Number
Item Summary
Approved By
Michael Pettit
Chief Assistant County Attorney
Date
County Attorney
County Attorney Office
1/281200511:10 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28/20051 :28 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/31/200511:15 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/31/200512:30 PM
---~.,-_."
Agenda Item No. 16A 1
February 8, 2005
Page 1 of 3
EXECUTIVE SUMMARY
.-
Recommendation to approve final acceptance of water utility facilities for Ventanas
I at Tiburon (Parcel 7000 Midrise)
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water facilities.
CONSIDERATIONS:
1) The Developer of Ventanas I at Tiburon (Parcel 7000 Midrise) has constructed the
water facilities within dedicated easements to serve this development. See attached
location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on January 21,2003. Final Acceptance is in accordance
with Ordinance 2004-31 as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
4) The water facilities have been operated and maintained by the Collier County Water-
~ Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory.
6) The Utilities Performance Security (UPS), in the form of Performance Bond No.
610233483-6 in the amount of $4,567.67, will be released to the Project Engineer or
the Developer's designated agent upon the Board's approval.
FISCAL IMPACT: The cost of operating and maintaining the water facilities will be paid
by monthly user fees in County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water facilities for
Ventanas I at Tiburon (Parcel 7000 Midrise), and release the UPS to the Project Engineer
or the Developer's designated agent.
PREPARED BY: Sherry Eaton. Enaineerina Technician- Enaineerina Services
r-
~'~'·'W"_""I'i""~~'''''''··-· .
Item Number
Item summary
Me.ting D..
App....ved By
Thomas. E. Kuck, P.E.
Communit.v Develuþl"l'Ien1:.&
Environmental Sorvicf!'s
Agenda Item No. 16A1
February 8, 2005
Pag~ L of :1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
15A1
ReCDmmendøtion to approve final ac.c.eptance of waler utility fac.ilities for Venlanas I at
Tiburon (parc.eI1000 Midrise).
218120059:00:00 AM
CQES Engineering Services Director
D.te
CDES Engineering Service$
12J31 120{)4 8:42 AM
SandI"'" Lea
Executive $Ih:retnry
Dater
Apprond By
Community D~Yelapment &
El1vironmental ServicB5
Community DevC'lopm!!'nt &
Environmf'ntaf SefYìc~s Admin.
12í31f2004 8:4' AM
Stephen L. Nag:;
Washtwater Collections. Man89'"
Date
Approved By
Wa$u!Watl!r
1/61200511:15 AM
Pamela Libby
Water Oper.ation!5. Manager
Date
Public Utilities
Approved By
Public lJ1.ilitie¡.
Water
1/7120053:3.1 PM
Paul Mattau5ch
Water DircL.'tor
D.te
Approved By
Public Utilities.
Wat~r
1/1 '1/2005 10:$3 AM
Roy B. Anderson, P .E.
Pubjic Utìlìties Engineering Director
Date
Approved By
Public UtUitie.'\
Public Utititios EngIneering
1/1912006 UO AM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Sef',ices Admin.
1/19/20051:38 PM
Approved By
D...
Joseph K. Schmitt
Comn1unity Deveh)pment &
Environmental Services
Comlnunity Development &
Environrnet\tnl Servicns Admin...rat"f
Comn,unity Development &.
Environmental Servk:;es. Admin.
1/23/20056:31 PM
OMS Coordinator
Adm'nis.trative Auislant
Date
Approved By
County Manager'! . Office
Offí¡;e of Man"gennt'nt & Budgel
H2512D06 10:35 AM
Randy Greenwald
Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Mlllt\lIIgernent & Budget
1125/20051;08 PM
M¡cha~1 Smykowski
Manageml!lnt & Budget Director
Dol.
Approved By
County M.onttgc¡,'g Officfr
Otfiçe of M;,oagement &. Budgt¡f
.1/2812005 10:03 AM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commi&lõioniOrs
COU )ty Manager's. Offic<lt
112&.'2005 ß:47 PM
....
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LOCATION MAP
Agenda Item No. 16A1
February 8. 2005
Page 3 of 3
t
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I'!1.ICAN IW!SH
SITE MAP
UT1.1TY EAIIÐÐfT NO. ! AT TBJtOI BLVD. EAST
Agenda Item No. 16A2
February 8, 2005
Page 1 of 3
EXECUTIVE SUMMARY
.-'
Recommendation to approve final acceptance of water utility facilities for Capital
Self Storage, Phase 2
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water facilities.
CONSIDERATIONS:
1) The Developer of Capital Self Storage, Phase 2 has constructed the water facilities
within dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on November 17, 2003. Final Acceptance is in
accordance with Ordinance 2004-31 as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
4) The water facilities have been operated and maintained by the Collier County Water-
Sewer District during the one (1) year warranty period.
,,-...
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory.
6) The Utilities Performance Security (UPS), in the form of Performance Bond No.
5464121 in the amount of $6,064.45, will be released to the Project Engineer or the
Developer's designated agent upon the Board's approval.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water facilities
will be paid by monthly user revenues.
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water facilities for
Capital Self Storage, Phase 2, and release the UPS to the Project Engineer or the
Developer's designated agent.
PREPARED BY: Sherry Eaton. EnaineerinCl Technician- EnaineerinCl Services
,.--
Item Number
Item Summary
Meeting Date
Approved By
Thomas. E. Kuc.k, P.E.
Community Developn!C!nt !to
environmental Services
Agenda Item No 16A2
February 8, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A2
Recommendation to approve firoal acceptance of water utility facilities for Capital Sell
StQrage, Phase 1.
218/2005 9:00:00 AM
CDES Engineering Services Director
Cat.
CDES Engineering Services
12/29/200411 :35 AM
Approved By
Date
$¡ U1dra Lea
Communi1y De\lp.lopn'l!l'nl"
Environmental Services
E~e.cutiv~ S¡x:t1ttJrY
Community Development &
En..-jronlnHltal Services. Admin.
12./291200.11:63 AM
Pamela Libby
Watcor Operations Managt!'r
Date
Approved By
W.bH
1171200& 3:31 PM
Paul Mattausch
Water Director
Date
Publi(; Utilìtim.
Approved By
Water
1111/200510:55 AM
Constance A. John$on
Date
pubiíc Utilities
Approved By
Community Development &
Environmental Services
Operations. Analyst
Community Development &
Environmental Service&. Admin.
1/19/l005 11:48 AM
RDY B. Anderson, P.E,
Public UWitiu Englnoering Director
Date
Approved By
Public lJtilitiu f:ngln4!erillg
1125120057:58 AN
Approved By
Datf!
publíc U1ihtiCMõ
Jor.eph K. Sr.hmitt
communit.y Development &
E.nvironmental Services
Community Development 8.
Environmental Services Admh,stratot
Community OU'IelDpmtlnt &
EnvironmentalService1õ Admin.
1/2Sl200S 10:.9 A.M
OMS CODrdimrt<:lf
Admini....rative A1i'lijstant
Date
Approved By
County Manager's. Office
Office of Management & Budget
1í2512005 12:54 PM
Mark Isackson
Budget Analyst
Date
Approved By
Ofiicl!' of Management & BUdgflt
1/25120055:02 PM
Michael Smykowski
Management & Budget Director
Date
County Manag~r'!$ Office
Approved By
Office of M.nagement & Budget
1!.28.J2005 1Q:04 AM
James. V. Mudd
County Manager
Date
County Manager's Office
Approved By
Board of County
Commi5skll'wrs.
County Manager's Office
1/28/20056:51 PM
LOCATION MAP
Agenda Item No. 16A2
Februar'j 8. 2005
Page 3 of 3
SITE MAP
U1IJTY EASEHEHT -cAPITAl. II!LF STORA8E. I'IWIE 2
Agenda Item No. 16A3
February 8, 2005
Page 1 of 3
EXECUTIVE SUMMARY
_.
Recommendation to approve final acceptance of water utility facilities for
Montelena at The Vineyards
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water facilities.
CONSIDERATIONS:
1) The Developer of Montelena at The Vineyards has constructed the water facilities
within dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on August 13, 2003. Final Acceptance is in accordance
with Ordinance 2004-31 as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attomey's office for legal sufficiency.
4) The water facilities have been operated and maintained by the Collier County Water-
Sewer District during the one (1) year warranty period.
..-.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory.
6) The Utilities Performance Security (UPS), in the form of Letter of Credit No.
SM203549W in the amount of $14,263.09, will be released to the Project Engineer or
the Developer's designated agent upon the Board's approval.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water facilities
will be paid by monthly user revenues.
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water facilities for
Montelena at The Vineyards, and release the UPS to the Project Engineer or the
Developer's designated agent.
PREPARED BY: Sherrv Eaton. EnQineerina Technician
~..
Item Number
Item Summary
Meeting Date
Approved By
ThOMas, E. Kuck, P.E,
ConuYlunity Dt!velnptTI4!nt 8.
Environmental Servl!:c~
Agenda Item No. 16A3
February 8. 2005
Page 2 of 3
COLLIER COlJNTY
BOARD OF COUNTY COMMISSIONERS
16A3
Recommendation to approve final Bccaptance of'0V8ter utilily facilities fer Monle!ena at The
Vineyards
2'i8/7.0C5 9:00:00 AM
cess Engineering Services Director
Date
CDES Enninel!!ríng ServÎce$
12/29/2004 't1:30 AN
Approved By
Dart!
Sandra Lou
Community Development',If,
Environmental Services
Ex(u:lJtive Sl-,,<:n!\;~ry
Community Development &.
Envíronmental Services Admin.
12/291200411:52 AM
Pamela Libby
Water Operation,s Mõtnaga-r
Dl'lte
Approved By
Water
1nl2005 :):31 PM
Paul Mattauscb
Water Director
Date
Pub1il: Utilities
Approved By
Watl~t
1/111200510:57 AM
Constance A. Johns.øn
Date
Publif: Utjhtil~s
Approved By
Community Development &
Environmental Servites
Ope-rations; Analysot
Commullity Development &
Environmental Sen/ic:e.s Admin,
'/19120051:50 PM
Roya. Andet1ôOtl, P.E.
Public Utîlìtir.$ En!Jinn"rlng Director
Date
Approv~d By
Public Utilir1u Etlvin'llering
1125120057:58 AM
Approved By
Oa~e
Publit: Utihtjes
.Jol>E'ph K. Schmitt
Community Development &
Environmental Services
Community Deve&opment &
Env¡ronrl'l~ntal Service!> Admins.trator
Community Dm'clopment &
Environmental Setvic.e'S Admin.
112$1200510:60 AM
Approved By
Administrative- Assjshmt
Oatf!
OMB Coordimrtof
Office of Man<lQement & Budget
1)'25/2005 12:55 PM
Approved By
Budgel Analys.t
Date
County Manager's. O1'fice:
Mark Isackson
Ofl1l;'~ of Munagmnellf & Bud9~t
1/25120056:06 PM
Micha~1 Smykowski
M,magement & Budget Director
Date
Coonly Mat\agl1'r's Offk ~
Approved By
OffiCi!:! of Mllnagemetlt & Budget
1/281200510:06 AM
James V, Mudd
County Milnagp.t
Dati?'
County Manager's OftÎ(~t!
Approved By
Board of County
COfnnli.o;,¡¡im (!f:f.
County Manager's Offic.e
1131/20058:36 AM
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LOOATION ..
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LOCATION MAP
Agenda Item No. 16A3
February 8, 2005
Page 3 of 3
SITE MAP
IØITEl.fNA AT TIE YlEYAIIDS
--
Agenda Item No. 16A4
February 8, 2005
Page 1 of 23
EXECUTIVE SUMMARY
Recommendation to approve Satisfactions of Lien for Resolution Nos: 2002-070 styled
Board of County Commissioners vs. Chinnese M. Winters; 2003-012 styled Board of
County Commissioners vs. Brent C. and Cynthia A. Walker; 2004-271 styled Board of
County Commissioners vs. Bonnie Fenton; 1998-256 styled Board of County
Commissioners vs. Julio Dominguez Estate and John R Dominguez, Personal
Representative; 1998-430 styled Board of County Commissioners vs. Julio Dominguez
Estate and John R Dominguez, Personal Representative; 1999-023 styled Board of
County Commissioners vs. Julio Dominguez Estate and John R. Dominguez, Personal
Representative; 1999-092 styled Board of County Commissioners vs. Julio Dominguez
Estate and John R Dominguez, Personal Representative; 2003-387 styled Board of
County Comrn.1ssioners vs. John R. Dominguez, et al; 2003-392 styled Board of County
Commissioners vs. John R. Dominguez, et al; 2004-265 styled Board of County
Commissioners vs. John R. Dominguez, et al; 2001-462 styled Board of County
Commissioners vs. Julio Dominguez; 2002-109 styled Board of County Commissioners
vs. Julio Dominguez; 2002-166 styled Board of County Commissioners vs. Julio
Dominguez; 2002-178 styled Board of County Commissioners vs. Julio Dominguez;
2002-346 styled Board of County Commissioners vs. Julio Dominguez; 2002-390 styled
Board of County Commissioners vs. Julio Dominguez and 2003-123 styled Board of
County Commissioners vs. Julio Dominguez.
,,---
OBJECTIVE: To approve the Satisfactions of Lien in the above styled Nuisance
Abatement cases:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
---'
2002-070; Board of County Commissioners vs. Chinnese M. Winters.
2003-012; Board of County Commissioners vs. Brent C. and Cynthia A.
Walker.
2004-271; Board of County Commissioners vs. Bonnie Fenton.
1998-256; Board of County Commissioners vs. Julio Dominguez Estate and
John R. Dominguez, Personal Representative.
1998-430; Board of County Commissioners vs. Julio Dominguez Estate and
John R Dominguez, Personal Representative.
1999-023; Board of County Commissioners vs. Julio Dominguez Estate and
John R. Dominguez, Personal Representative.
1999-092; Board of County Commissioners vs. Julio Dominguez Estate and
John R. Dominguez, Personal Representative.
2003-387; Board of County Commissioners vs. John R Dominguez, et al.
2003-392; Board of County Commissioners vs. John R. Dominguez, et al.
2004-265; Board of County Commissioners vs. John R. Dominguez, et al.
2001-462; Board of County Commissioners vs. Julio Dominguez.
2002-109; Board of County Commissioners vs. Julio Dominguez.
2002-166; Board of County Commissioners vs. Julio Dominguez.
Agenda Item No. 16M
February 8, 2005
Page 2 of 23
.-
14. 2002-178; Board of County Commissioners vs. Julio Dominguez.
15. 2002-346; Board of County Commissioners vs. Julio Dominguez.
16. 2002-390; Board of County Commissioners vs. Julio Dominguez.
17. 2003-123; Board of County Commissioners vs. Julio Dominguez.
CONSIDERATIONS:
1. 2002-070; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 2002-070 was approved and recorded in Official
Records Book 2993, Pages 3098, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
2. 2003-012; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 2003-012 was approved and recorded in Official
Records Book 3212, Pages 2433, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
".-..
3. 2004-271; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 2004-271 was approved and recorded in Official
Records Book 3661, Pages 1194, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
4. 1998-256; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 1998-256 was approved and recorded in Official
Records Book 2455, Pages 3243, et aI. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
5. 1998-430; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 1998-430 was approved and recorded in Official
Records Book 2487, Pages 3400, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
6. 1999-023; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 1999-023 was approved and recorded in Official
,-.-
Agenda Item No. 16A4
February 8, 2005
Page 3 of 23
.-
Records Book 2515, Pages 941, et al. In January 2005, the Hen amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
7. 1999-092; A pubHc hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 1999-092 was approved and recorded in Official
Records Book 2523, Pages 3413, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
8. 2003-387; A pubHc hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 2003-387 was approved and recorded in Official
Records Book 3462, Pages 1613, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
.~
9. 2003-392; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 2003-392 was approved and recorded in Official
Records Book 3462, Pages 1621, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
10. 2004-265; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 2004-265 was approved and recorded in Official
Records Book 3661, Pages 1182, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
11. 2001-462; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 2001-462 was approved and recorded in Official
Records Book 2956, Pages 0740, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
12. 2002-109; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 2002-109 was approved and recorded in Official
Records Book 3002, Pages 2553, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
,,--
Agenda Item No. 16A4
February 8. 2005
Page 4 of 23
,,-
13. 2002-166; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 2002-166 was approved and recorded in Official
Records Book 3027, Pages 2691, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
14. 2002-178; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 2002-178 was approved and recorded in Official
Records Book 3027, Pages 2677, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
15. 2002-346; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 2002-346 was approved and recorded in Official
Records Book 3121, Pages 1539, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
~
16. 2002-390; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 2002-390 was approved and recorded in Official
Records Book 3131, Pages 2310, et al. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as a11 requirements have been met in this
case.
17. 2003-123; A public hearing was heard before the Board of County
Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land
Development Code. Resolution No: 2003-123 was approved and recorded in Official
Records Book 3268, Pages 0594, et a1. In January 2005, the lien amount was paid in full.
Therefore, a Satisfaction of Lien is in order as all requirements have been met in this
case.
FISCAL IMP ACT: The fiscal impact related to recording of the satisfactions will be
One Hundred and Seventy Dollars ($170.00) for seventeen satisfactions ($10.00 each)
plus Clerk of Court fees. This cost will be paid by Code Enforcement 111-138911-
649030.
GROWTH MANAGEMENT IMP ACT: This request will have no impact on the
County's Growth Management Plan.
~
Agenda Item No. 16A4
February 8. 2005
Page 5 of 23
LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and
has no outstanding legal considerations.
RECOMMENDATION: That the Board of County Commissioners approve the
Satisfactions of Lien in the above-referenced cases and authorize their execution and
recording in the Public Records of Collier County, Florida.
Prepared by: Shanelle Hilton, Administrative Secretary, Code Enforcement.
",c'·,_·.
.....-
him Number
Item Summary
Meeting Dote
Agenda Item No. 16A4
February 8, 2005
Page 6 of 23
COLLIER COUNTY
BOARD OF COUNrV COMMISSIONERS
16A4
Recommel1dation to approve SatisfaC1ions 01 lien for Resolutic:m Nos: 2002~O'lO styled Board
of County Commissioners vs. Chinne$e- M. Winler-s; 2003-012 styled Board of County
Commissioners VS. Brent C. and Cynlhia A Walker: 2004·271 styled Board of County
CDmn~ssioners V!:ì. Bonnie Fenton; 1 99B·256 styled Board of County Commfssfoners vs
Julio Dominguez Estate and John R. Domingue2, Persona! Representative; 1998v430 st)"led
Board of County Commissioners Vii. Julio DOminguez Estate and John R. Dominguez,
Personal Representative; 1999v023 styled Board of County CommissIoners VS. Julìo
Dominguez E$.tate and John R. Domingllez. Personal Representative: 1995·092 styled Board
01 County Commissioners vs. Julio Dominguez Estate and John R. Dominguez, Persolial
Representati....e: 2003-387 styled Board of County Commissioners \Is.. John R. Dominguez, Et
AI; 2003-392 styled Board of County Commissioners vs John R. Dominguez, Et AI; 2004v265
styled Board of County Commissioners vs. John R. Dominguez, Et AI; 2001-462 styled Board
of County Commissioners VS. Julio Dommguez: 2002~109 styled Boord of Co~mty
Cornnllssianers vs. Julio Dominguez; 2002-166 styiad Board ot County Commissioner$ Vi
Julio Dominguez: 2002·178 styled Board of County Con1missioners VS. J\llio Dominguez:
2002·346 styled Board of CO\Jnty CommIssioners \is Julio Dominguez: 2002·390 styled
Board of County Comnlissioners vs. Julio Dominguez and 2003~123 styled BOélrd of County
Commissioners "S. Juliç Dominguez.
21812005 900:00 AM
Prepored By
Administrative Secn~1i1ry
1/25/200510:45:19 AM
Shaoellc Hihon
Community Ollllvelopmet\t &
Environmental Services
D....
Cod~1 Enfør(:$nl~!"1
f)atn
Approved By
Sandrn Letl
Conununity O~!v~luplT1f'nt &.
Environmental Surviefrtl
Executive Sucrll!tary
Cornmunhy OIt'JellJpme'lf &
Envinmmentul S~lVir;.n. Admitl,
1126/2005 11 :08 AM
Date
Approved By
Constance A. Johnson
Community Develo-pml!'nt &
Environmental Services
Operations Analyst
Community Development &.
Environmental Services Admin.
1r.!G,'2DDS 11:12 AM
Code Enforcement Director
Date
Approved By
,;"'-
Michelle Edwards Arnold
Community Development &
En'lironment.iI! S.ervices
Code Enforcement
1/2&/2005 1 :28 PM
Operatinns. Manager
Dat~
Approved By
Janet Powers
CQmmunity Dev~lopment &
Enyironmental $(trvicu~
Code Enforcement
1/26/20052:05 PM
Olltu
Approved By
Joscph K. Schmitt
Comrnunjty DeveJoprmmt &
Environmental Services-
Community Development &
Environmental Services Adminstr.ator
CommIJnrty De'lt!I[)þM1cnt &
Environmental Services Admin.
1/27120059:08 PM
Administrative Assistant
Date
Approved By
OMS CDordinator
County Manager's. Office
Office of Management &. Budget
1{28/2DQ5 12:58 PM
Budget Analyst
Date
Approved By
Mark <;øckson
Counly Manauer's OfficI!'
Officu of Munllgvrnent & Budgltot
1128/20054:&3 PM
Management & Budget DirectDr
Date
Approved By
Michael Smykows:k¡
County Manager's OftJce
Office of ManllgemEnt & Budget
1.'31i2005 1:48 PM
CoUtlty Manngnr
Dllte
Approved By
Jarm~5 V. Mudd
Board of County
Ccunn,i&5-K'ftf!' So
County Manager's Office
1/31/2D05 2-:03 PM
~
_.~..---_.
Agenda Item No. 16A4
February 8, 2005
Page 7 of 23
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
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 by Resolution No. 2002-70 against:
CHINN ESE M. WINTERS
The lien was recorded on 3/06/2002, Official Record Book 2993 Page(s) 3098, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred Fifty Five Dollars, plus accrued
interest and penalties, if any, and imposes certain obligation against real property
situated in Collier County, Florida, which property is described as follows:
Lot 22, Block 26, Golden Gate, Unit 2, according to the Plat thereof,
recorded in plat book 5, page 67 of the Public Records of Collier
County, Florida.
Cost: $255.00
Reference: 2022 Folio: 35749960007
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to fonn and legal sufficiency
~~~
::.. ,~.,A' =.. .
Assistant County Attorney
Agenda Item No. 16A4
February 8, 2005
Page 8 of 23
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
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 by Resolution No. 2003-12 against:
BRENT C. AND CYNTHIA A. WALKER
The lien was recorded on 02/05/2003, Official Record Book 3212 Page(s) 2433, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred Ninety Nine Dollars and Two
Cents, plus accrued interest and penalties, if any, and imposes certain obligation
against real property situated in Collier County, Florida, which property is described as
follows:
Lot 49 of Port of the Islands, Phase two, according to the map or plat
thereof, recorded in Plat Book 21, Pages 1 through 4, of the Public
Records of Collier County, Florida.
Cost: $299.02
Reference: 2195 Folio: 68300002986
/"'""
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment received from Harvey and Lisa Karen, the
current property owners, as full satisfaction of the lien and hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
~w~
Thorn s . Palmer
Assistant County Attorney
r
---.'--
Agenda Item No. 16A4
February 8, 2005
Page 9 of 23
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
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 by Resolution No. 2004-271 against:
BONNIE FENTON, 239 Ospreys Landing Unit 206, Naples. FI. 34104
The lien was recorded on 10/15/2004, Official Record Book 3661 Page(s) 1194, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued
interest and penalties, if any, and imposes certain obligation against real property
situated in Collier County, Florida, which property is described as follows:
Lot 1, Block 256, Golden Gate, Unit 7, according to the plat thereof of
record in Plat Book 5, Pages 135 through 146, of the Public Records of
Collier County, Florida.
Cost: $255.00
Reference: 2543
Folio: 36449960005
Collier County I a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment received from Richard Anderson, the
current property owner, as full satisfaction of the lien and hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of ' 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~ (61~
Thomas C. Palmer
Assistant County Attorney
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples. FL 34104
(239) 403-2440
Agenda Item No. 16A4
February 8, 2005
Page 10 of 23
SATISFACTION OF LIEN
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 by Resolution No. 98-256 against:
JULIO DOMINGUEZ ESTATE
JOHN R. DOMINGUEZ, PERSONAL REP.
The lien was recorded on 08/31/1998, Official Record Book 2455 Page(s) 3243, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred and Forty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat
thereof recorded in Plat Book 5, Page 122, of the Public Records of
Collier County, Florida.
Cost: $245.00
Reference: 70418..()65
Folio: 36247840000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of ,2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
ibM W~
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16M
February 8, 2005
Page 11 of 23
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
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 by Resolution No. 98-430 against:
JULIO DOMINGUEZ ESTATE
JOHN R. DOMINGUEZ, PERSONAL REP.
The lien was recorded on 12/04/1998, Official Record Book 2487 Page(s) 3400, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred and Forty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat
thereof recorded in Plat Book 5, Page 122, of the Public Records of
Collier County, Florida.
Cost: $245.00
Reference: 80122-028
Folio: 36247840000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
J]® PoJw..
Thomas C. Palmer
Assistant County Attorney
------
,-
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A4
February 8, 2005
Page 12 of23
SATISFACTION OF LIEN
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 by Resolution No. 99-23 against:
JULIO DOMINGUEZ ESTATE
JOHN R. DOMINGUEZ, PERSONAL REP.
The lien was recorded on 02/22/1999, Official Record Book 2515 Page(s) 941, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred and Forty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat
thereof recorded in Plat Book 5, Page 122, of the Public Records of
Collier County, Florida.
Cost: $245.00
Reference: 80608-032
Folio: 36247840000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
lk GJ~'
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A4
February 8, 2005
Page 13 of 23
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
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 by Resolution No. 99-92 against:
JULIO DOMINGUEZ ESTATE
JOHN R. DOMINGUEZ, PERSONAL REP.
The lien was recorded on 03/16/1999, Official Record Book 2523 Page(s) 3413, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred and Forty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat
thereof recorded in Plat Book 5, Page 122, of the Public Records of
Collier County, Florida.
Cost: $245.00
Reference: 80803-061
Folio: 36247840000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~ {?J~
Thomas C. Palmer
Assistant County Attorney
.---.-- -~--~----'------'-
I
_J
Agenda Item No. 16A4
February 8, 2005
Page 14 of 23
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
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 by Resolution No. 2003-387 against:
JOHN R. DOMINGUEZ, et al
The lien was recorded on 12/12/2003, Official Record Book 3462 Page(s) 1613, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 8, Block 175, Unit 5 - GOLDEN GATE, according to plat thereof
recorded in Plat Book 5, Page 122, of the Public Records of Collier
County, Florida.
Cost: $255.00.
Reference: 2409 Folio: 36247840000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and leg al sufficiency
Î ~ f.6JKL---
Thomas C. Palmer
Assistant County Attorney
-.
Agenda Item No. 16M
February 8, 2005
Page 15 of 23
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
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 by Resolution No. 2003-392 against:
JOHN R. DOMINGUEZ, ET AL
The lien was recorded on 12/12/2003, Official Record Book 3462 Page(s) 1621, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 8, Block 175, Unit 5 - GOLDEN GATE, according to plat thereof
recorded in Plat Book 5, Page 122, of the Public Records of Collier
County, Florida.
Cost: $255.00
Reference: 2334 .E2ll2: 36247840000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
,~~~
Thomas C. Palmer
Assistant County Attorney
------..-------
--_.~...-
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16M
February 8,2005
Page 16 of 23
SATISFACTION OF LIEN
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 by Resolution No. 2004-265 against:
JOHN R. DOMINGUEZ, ET AL
The lien was recorded on 10/15/2004, Official Record Book 3661 Page(s) 1182, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two hundred and Fifty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat
thereof recorded in Plat Book 5, Page 122, of the Public Records of
Collier County, Florida.
Cost: $255.00
Reference: 2521
Folio: 36247840000
,,,..-.
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
Thom~alm-p,J~
Assistant County Attorney
r
I
Agenda Item No. 16M
February 8, 2005
Page 17 of 23
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
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 by Resolution No. 2001-462 against:
JULIO DOMINGUEZ
The lien was recorded on 01/02/2002, Official Record Book 2956 Page(s) 0740, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred and Fifty Five Dolars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat
thereof recorded in Plat Book 5, Page 122, of the Public Records of
Collier County, Florida.
Cost: $255.00
Reference: 1964 EQ!!Q.: 36247840000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowtedge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of ,2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
TÞ"^,, ~l~
Thomas C. Pàlmer
Assistant County Attorney
-
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A4
February 8, 2005
Page 18 of 23
SATISFACTION OF LIEN
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 by Resolution No. 2002-109 against:
JULIO DOMINGUEZ
The lien was recorded on 3/20/2002, Official Record Book 3002 Page(s) 2553, in the
Official Records Office of the Clerk of the Circuit Court of Collier County. State of Florida.
The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat
thereof recorded in Plat Book 5, Page 122, of the Public Records of
Collier County, Florida.
Cost: $255.00
Reference: 2045 Folio: 36247840000
,,--.
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
~ Pø1~
Thomas C. Palmer
Assistant County Attorney
r-
I,.
Agenda Item No. 16M
February 8, 2005
Page 19 of 23
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
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 by Resolution No. 2002-166 against:
JULIO DOMINGUEZ
The lien was recorded on 4/30/2002, Official Record Book 3027 Page(s} 2691, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Three Hundred and Forty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 8 , Block 175, Unit 5 Part - GOLDEN GATE, according to plat
thereof recorded in Plat Book 5. Page 122, of the Public Records of
Collier County, Florida.
Cost: $345.00
Reference: 2065 Folio: 36247840000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
d~j~j~
Assistant County Attorney
Agenda Item No. 16A4
February 8, 2005
Page 20 of 23
-
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
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 by Resolution No. 2002-178 against:
JULIO DOMINGUEZ
The lien was recorded on 04/30/2002, Official Record Book 3027 Page(s) 2677, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Three Hundred Dollars, plus accrued interest and
penalties, if any, and imposes certain obligation against real property situated in Collier
County, Florida, which property is described as follows:
Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat
thereof recorded in Plat Book 5, Page 122, of the Public Records of
Collier County, Florida.
Cost: $300.00
Reference: 2089 Folio: 36247840000
,,-
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
TpW\. Rl~--
Thoma C. Palmer
Assistant County Attorney
Agenda Item No. 16M
February 8, 2005
Page 21 of 23
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
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 by Resolution No. 2002-346 against:
JULIO DOMINGUEZ
The lien was recorded on 10/02/2002, Official Record Book 3121 Page(s) 1539, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat
thereof recorded in Plat Book 5, Page 122, of the Public Records of
Collier County, Florida.
Cost: $255.00
Reference: 2144 Folio: 36247840000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
J!r \àl~
Thom s C. Palmer
Assistant County Attorney
,-
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A4
February 8, 2005
Page 22 of 23
SATISFACTION OF LIEN
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 by Resolution No 2002-390 against:
JULIO DOMINGUEZ
The lien was recorded on 10/15/2002, Official Record Book 3131 Page(s) 2310, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two hundred and Fifty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat
thereof recorded in Plat Book 5, Page 122, of the Public Records of
Collier County, Florida.
Cost: $255.00
Reference: 2156 Folio: 36247840000
,,-.
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
~w~
Thomas C. almer
Assistant County Attorney
,,-.
Agenda Item No. 16A4
February 8, 2005
Page 23 of 23
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
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 by Resolution No. 2003-123 against:
JULIO DOMINGUEZ
The lien was recorded on 4/17/2003, Official Record Book 3268 Page(s) 0594, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat
thereof recorded in Plat Book 5, Page 122, of the Public Records of
Collier County, Florida.
Cost: $255.00
Reference: 2250 Folio: 36247840000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this _ day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~~w~
Thorn 5 C. Palmer
Assistant County Attorney
Agenda Item No. 16A5
February 8, 2005
Page 1 of 6
.-
EXECUTIVE SUMMARY
Recommendation to approve the Satisfactions of Lien for Code Enforcement Board Case
Nos: 2003-021; styled Board of County Commissioners vs. Kenneth D. and Leslie K.
Carter; 2004-034; styled Board of County Commissioners vs. Premise Richard and
Rigaud Calixte and and 2003-048; styled Board of County Commissioners vs. Monika B.
Van Stone.
OBJECTIVE: To approve the Satisfactions of Lien in the above styled Code
Enforcement Board cases:
1. 2003-021; Board of County Commissioners vs. Kenneth D. and Leslie K.
Carter.
2. 2004-034; Board of County Commissioners vs. Premise Richard and Rigaud
Calixte.
3. 2003-048; Board of County Commissioners VS. Monika B. Van Stone.
,-
CONSIDERATIONS:
1. 2003-021; On May 22, 2003, a public hearing was held before the Code
Enforcement Board regarding violation of Ordinance 91-102, as amended, Sections 1.5.6,
2.6.20.1,2.6.20.1.2,2.6.20.1.3,2.6.20.1.4,2.6.20.1.9 and 2.6.20.2. An Order Imposing
FinelLien was recorded in Official Record Book 3598, Page 412, et seq. in the Public
Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing
the date of December 17, 2004, indicating compliance with the Order of the Code
Enforcement Board The original amount owed of Twenty Four Thousand and Seven
Hundred and Fifty Four Dollars and Forty Cents ($24,754.40) was negotiated and
subsequently reduced to Twelve Thousand Dollars ($12,000.00). In January 2005, the
negotiated lien amount was paid Therefore, a Satisfaction of Lien is in order as all
requirements have been met in this case.
2. 2004-034; On July 22, 2004, a public hearing was held before the Code
Enforcement Board regarding violation of Ordinance 91-102, as amended, Section
2.6.7.1.1. An Order Imposing Fine/Lien was recorded in Official Record Book 3637,
Page 3708, et. seq. in the Public Records of Collier County, Florida. An Affidavit of
Compliance has been filed bearing the date of August 5, 2004, indicating compliance
with the Order of the Code Enforcement Board. In January 2005, the lien amount was
/~
._.~_._~,....
Agenda Item No. 16A5
February 8, 2005
Page 2 of 6
paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been
met in this case.
3. 2003-048; On November 13, 2003, a public hearing was held before the Code
Enforcement Board regarding violation of Ordinance 91-102, as amended, Sections
2.7.6.1 and 2.7.6.5. An Order Imposing FineJLien was recorded in Official Record Book
3653, Page 2844, et. seq. in the Public Records of Collier County, Florida. An Affidavit
of Compliance has been filed bearing the date of May 19, 2004, indicating compliance
with the Order of the Code Enforcement Board. In December 2004, the lien amount was
paid in full and ownership of the real property has subsequently changed. The current
owner is Sarojini Nimmagadda. In order to clear the lien, a Satisfaction must be executed
as all requirements have been met.
FISCAL IMPACT: The fiscal impact related to recording of the satisfactions will be
Thirty Dollars ($30.00) for three satisfactions ($10.00 each) plus Clerk of Court Fees.
This cost will be paid by Code Enforcement 111-13 8911-649030.
GROWTH MANAGEMENT IMP ACT: This request will have no impact on the
County's Growth Management Plan.
LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and
has no outstanding legal considerations.
RECOMMENDATION: That the Board of County Commissioners approve the
Satisfactions of Lien in the above-referenced cases and authorize their execution and
recording in the Public Records of Collier County, Florida.
Prepared by: Shanelle Hilton, Administrative Secretary, Code Enforcement.
Item Number
Item Summary
Meeting Cat.
Agen[la 11em No. 16A5
February 8. 2005
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A5
Recommendation to apþrove the Satisfactions of Lien for Cede Ënforcement Board Case
No.; 2003¥021. Board of Couniy Commissioners vs. Kenneth D. and Leslie K Carter; 2004-
034; BDard of County Commissioners V$. Premise Richard and Rìgaud Calixte and 3t1d 2D03-
048: Boitrd of County Commissiof\ers V5 Monil<:a B. Van Stene.
2/8/2005 9:01J:OO AM
Prepared By
Adminj¡.tratíve Sec.retary
1/2512005 10:45:56 AM
Shanelle Hitton
CCtmmunify Dcvelopm<ent &
Enviummental Servie-es
Date
Code Enton::e-ment
ÄS1:ist..nt Cmmty AttDrney
O.te
Approved By
Jeff KI.at.zkow
County Attorney
County Attorney Offict'
1f2S,l20115 11:54 AM
[~Xf'ccutive Secretary
Dale
Approved By
Sandra Laa
Community O.!velopmflnt &
En\l¡r('","~ntul 51?rvÎc.t!!;
Community Dp.yell>þnmfI1 &
Envimtlmentô¡1 Sltrv!ce:s Adrnin,
1/261200511:11 AM
Operation!'; Analyst
Date
Approved By
Constance A, Johnson
Community Ol!\velopmttnl &
Environmental Servic.es
Cumml.inity DClVelopml!lnt &
Environmental Services Admin.
1J26!2DDS11:12AM
Opt!r~ltiutl~ Man;ager
Dlltl."
Approved By
Janld PUWf!'S
Community Development &
En'lírol\lYIenta Servic-e.s
CQd~ E.l1forc~ment
1/261200512:D8 PM
Code Enforcement Director
Date
Approved By
Michelle Edwards Arnold
Corntnunity CcveloplYlr.-nt 0&
Environmenlat SmVit:n1õ
Code Enforcement
1126/20052:29 PM
Dab!
Approved By
",--
Josnph K. Schmitt
Community Dovl!llopmenl &
Environmental Services
Communìty Development &
Envíronmental Setvices. Admins.trator
Community DÐ'velopnwnt g,
Environmental Services Admin.
1J27i2D05 9:D9 PM
Admin;¡.;lrafhtc Ä!õ!lisfaflt
Dab!
Approved By
OMB CI)l)rdílJatm
County M,uMQer'.'\. Offj¡;t!:
()frjcl~ 1)( MarléJgt!ll'ént & BudYE!t
1128.'200512:59 PM
Mark Isackson
Budget An.a!yst
Date
Approved By
Counly Manayer's Oftke
onil:(~ of Mnnagoment 8. Budget
1/23!2005 6:D3 PM
Approved By
Michae! Smykow1;ki
C(lunt.y Ma"..ger's Office
M,lnïJ:getTIent & Budget Director
Date
Office of Mal\agement &. Budget
11311200512:20 PM
C<U1t11y M;UJ<lIlI~r
D<lte
Approved By
Jame$. V. Mudd
Board of County
Cornmis.siolli!r.'!i
County Manager's Office
1/31/20051:16 PM
~
Agenda Item No. 16A5
February 8, 2005
Page 4 of 6
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 N. Horseshoe Drive
Naples. Florida 34112
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated June 29, 2004, a certified copy of which was recorded in O.R. Book 3598,
Pages 412, et seq., on July I, 2004, of the Public Records of Collier County, Florida,
against the following described real property, and all other real and personal property
located in Collier County, owned by Kenneth D. Carter and Leslie K. Carter has been
discharged in full.
The real property located at 3890 7th Ave. NW, Naples, Florida, more
specifically described in the deed recorded in Official Record Book
1836, Pages 1029, et seq., of the Public Records of Collier County.
Folio No. 36710840003
Cost: $24,754.40
Reference: CBB No. 2003-021
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by
Kenneth D. Carter and Leslie K. Carter, and consents to this lien being discharged of
record.
Dated this
day of
,2005.
A ITEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
form and
Agenda Item No. 16A5
February 8, 2005
Page 5 of 6
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 N. Horseshoe Drive
Naples, Honda 341]2
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated September 29, 2004, a copy of which was recorded in O.R. Book 3653,
Pages 2844, et seq., on October 4, 2004, of the Public Records of Collier County, Florida,
which Order modified (1) Code Enforcement Board Order dated April 13, 2004, a copy of
which was recorded in O.R. Book 3563, Page 391, et seq., on May 12, 2004, and (2)
Code Enforcement Board Order dated June 29,2004, a copy of which was recorded in
O.R. Book 3598, Page 377, et seq., on July 1, 2004, 2004, against the following described
real property, and all other real and personal property located in Collier County, owned by
Monika B. Van Stone has been discharged in full.
The real property located at 795 25th Street S.W., Naples, Florida,
more specifically described in the deed recorded in Official Record
Book 2902, Page 2227 et seq., of the Public Records of Collier
County.
r-
Folio No. 36816840004
Cost: $5,000
Reference: CEB No. 2003-048
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by
Monika B. Van Stone, and consents to this lien being discharged of record.
Dated this
day of
,200_.
ATIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
, CHAIRMAN
Ap
leg
r
"
Agenda Item No. 16A5
February 8, 2005
Page 6 of 6
This instrument prepared by:
Leonardo Bonanno. Operations Coordinator
Code Enforcement Department
2800 N. Horseshoe Drive
Naples, Florida 34112
(239) 403-2440
RELEASE AND SA TISF ACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated August 30, 2004, a copy of which was recorded in O.R. Book 3637, Pages
3708, et seq., on September 8, 2004, of the Public Records of Collier County, Florida,
against the following described real property, and all other real and personal property
located in CoHier County, owned by Premise Richard and Rigaud Calixte has been
discharged in full.
The real property located at 2079 54th Terrace, S.W., Naples, Florida,
more specifically described in the deed recorded in Official Record
Book 2242, Page 1444, et seq., of the Public Records of Collier
County.
Folio No. 36376320006
Cost: $697.50
Reference: CEB No. 2004-034
The undersigned is authorized to and does hereby release this lien as to the wholè
of the above-described real property, and all other real and personal property owned by
Premise Richard and Rigaud Calixte, and consents to this lien being discharged of record.
Dated this
day of
,2005.
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COlLIER COUNTY, FLORIDA
, Deputy Clerk
By:
. FRED W. COYLE, CHAIRMAN
atzkow
ounty Attorney
Agenda Item No. 16A6
February 8. 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve the Satisfactions of Lien for Special Master Case Nos: SO
134902; styled Board of County Commissioners vs. Cornelius Jackson and CO
2004100411; styled Board of County Commissioners vs. Larry Saunders.
OBJECTIVE: To approve the Satisfactions of Lien in the above styled Special Master
cases:
1. SO 134902; Board of County Commissioners vs. Cornelius Jackson.
2. CO 2004100411; Board of County Commissioners vs. Larry Saunders.
CONSIDERATIONS:
1. SO 134902; On October 14, 2004, a public hearing was held before the Special
Master regarding violation of Ordinance 80-47, Section 130-66. An Order was recorded
in Official Record Book 3689, Page 2604 in the Public Records of Collier County,
Florida. In January 2005, the lien amount was paid in full. Therefore, a Satisfaction of
Lien is in order as all requirements have been met in this case.
,,-
2. CO 2004100411; On December 3, 2004, a public hearing was held before the
Special Master regarding violation of Ordinance 81-42, Sections 1 and 24(1). An Order
was recorded in Official Record Book 3695, Page 4148 and rerecorded at Official Record
Book 3709, Page 2182 in the Public Records of Collier County, Florida. In January
2005, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all
requirements have been met in this case.
FISCAL IMPACT: The fiscal impact related to recording of the satisfactions will be
Twenty Dollars ($20.00) for two satisfactions ($10.00 each) plus Clerk of Court Fees.
This cost will be paid by Code Enforcement 111-138911-649030.
GROWTH MANAGEMENT IMP ACT: This request will have no impact on the
County's Growth Management Plan.
LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and
has no outstanding legal considerations.
RECOMMENDATION: That the Board of County Commissioners approve the
Satisfactions of Lien in the above-referenced cases and authorize their execution and
recording in the Public Records of Collier County, Florida.
Prepared by: Shane lIe Hilton, Administrative Secretary, Code Enforcement.
-
--.-,... ..--'~_....._,,",
Item Number
Item Summary
Meeting Date
Agent1" Item No. 16A6
February 8, 2005
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
15A5
RecommendatIon to approve the Satis.taçtions of lien for Special Master Case Nos' SO
134902: sty1ed ß(';ðrd DI County Ccl'tHìllssioners VS, COfflelius Jackson and CC; 2004100411;
styled Board of CDunty Commissioner!; vs, Larry SallnCIers
2/8/2005 9:DOOO AM
Prepared By
1/25/200510:47:17 AM
Shilfwllt! Hifto '1
Communíty Developn1ent &
Environmental S~rvícf!!.
D<ltl!:
AdmirIÜ.Ït'utíVt! S~I~n!t¡¡ry
Cod<e Enforr.;mm(!n1
Date
Approved By
Jennifer A, Belpedio
Counl,. A1tom~y
As'!;.istAn1 County Attorney
County Mlomey Oftì(;~
1125!2005 12:66 PM
Date
Approved By
Sandra Lea
CpmmwHty Development &
Environmental Servic(!s
Executive Secretary
Community D/!'velopment &
Environmental Services Admin.
1/26/200511:'11 AM
Date
Approved By
COfJS1ôU1C~ A. J{)ht, ¡;¡)n
Cùmmutlity Development &
Environmental SefVícp.!õ
O~~ratìÐn$ Analyst
Community Dp.velopment &
Environmental Services Ad,nin.
1I2{;/2D05 11:13. AM
Dute
Approved By
Janet Powers
Comnlllllity Ot''oI(!loprm~nl''
En\llt"otHJlenlal Servic«>5
Operiltions Mannger
Code Enfot'cemeut
1/26!200S 11 :46 AM
Date
App.'oved By
Michelle Euward!ò Arnold
Community Development &
Environmental Services
Code Enforcement DirectDr
C(lde En1ar<:i!:I1I&!!nt
1126/2005 2;4U PM
Date
Approved By
,..--
Joseph K. Schmitt
Comnwuity Devp.lopm~nt &
Environmental S~rvi(;es.
CClmmunity D!wdoþrt1t!Jl1 &
EnvituUlrtent'l1 S~r\liclts Admin¡;.1tõttor
Community Developmen1 &
Environmental Services Admin,
1/21120059;10 PM
Date
Approved By
OMS Coordìnator
Cutloty M-iUHlIWr'!¡ Officii'
Administrative AlWsistant
Of!'ic!!' (If Mml<lgeml!nl" & Budget
f/2ð!2DQ5 12;59 PM
Dat(!
App.'oved By
Mark 1.~.IJc.k~un
Count)' Manager's Of1Í1:e
Budget Atlaly!>t
OHice of MJJnag-etnenf & Budget
1128/200£ 5:07 PM
Dilto
Approved By
Michd~1 Smykow5ki
CDunty Munagm'!. ONII:ft
Managf!fn.ent & Budget Dir(1'ctor
Oftk~ of Malu!J'¡¡'llItml & EhuftJrtl
1131/200511:Z3 A.M
Date
Approved By
James. V, Mudd
Board of County
Commis.s.kmers.
County Manager
County M~fulg~r's Office
1/31/20051:32 PM
,~
·' r
Agenda Item No. 16A6
February 8, 2005
Page 3 of 4
,
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
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 by an Order executed by the Special Master against:
CORNELIUS JACKSON
The lien was recorded on 12/03/04, Official Record Book 3689 Page(s)
2604, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of Eighty-Six Dollars and Twelve Cents, plus
accrued interest and penalties, if any, and imposes certain obligation
against real property situated in Collier County, Florida.
Cost: $86.12 Reference: SO 134902
Folio: N/A
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of ,200"
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~().Q,~~
Jennife elpedio .
Assistant County A ey
~
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A6
February 8, 2005
Page 4 of 4
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of
certain liens by Orders executed by the Special Master against:
LARRY SAUNDERS
The liens were recorded in, Official Record Book 3695 Page(s) 4148-
4149, and Book 3709 Page 2182, in the Official Records of Collier
County, State of Florida. The liens secure the principal sum of Three
Hundred Sixty Dollars and Twenty Cents, plus accrued interest and
penalties, if any, and imposes certain obligation against real property
situated in Collier County, Florida.
Cost: $360.20
Reference: CO 2004100411 Folio: 61836320003
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the liens and hereby
cancels said liens.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the liens cease to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
,~
Agenda Item No. 16A7
February 8, 2005
Page 1 of 5
EXECUTfVES~Y
Recommendation to terminate Contract # 03-3504 with Henderson, Young and
Company relative to the Emergency Medical Services Impact Fee Update Study,
waive the formal competition process and solicit proposals to select a new consultant
to update the Emergency Medical Services Impact Fee (estimated amount not to
exceed $40,000)
OBJECTIVE: Tennination of Contract # 03-3504 with Henderson, Young and
Company (HY&Co.), for the Emergency Medical Services (EMS) Impact Fee Update
Study for the convenience of Collier County, as provided for in Section 12.3 of the
contract. Additionally, staff recommends that the Board of County Commissioners waive
the fonnal competition process and direct staff to solicit proposals to select a new
consultant to update the EMS Impact Fee with a contract not to exceed the amount of
$40,000, including expenses.
CONSIDERATIONS: The Request for Proposal (RFP) for this contract was issued in
accordance with Florida State Statute 287.055, the Consultant Competitive Negotiation
Act, and was publicly advertised on March 31, 2003. A selection committee was named
and a meeting was held on May 20,2003. After review and discussion, the consensus of
the members was to place Henderson, Young and Company as the number one ranked
firm. The Board of County Commissioners (Board) subsequently approved the contract
in the amount of $39,945, which then became effective on July 29,2003.
Since the award of the contract, the schedule specifications and outlined tasks of the
contract have been unable to be completed. Due to these unforeseen circumstances, staff
feels that for the convenience of Collier County and in the best interest of time, action
should be taken to terminate this contract. The Collier County Productivity Committee
unanimously recommended the tennination of the contract with Henderson, Young and
Company for the EMS Impact Fee Update Study at their January 19,2005 meeting.
The Collier County Board of County Commissioners adopted Ordinance Number 2000-
48 on June 27, 2000. This ordinance provided for an update to the Emergency Medical
Services Impact Fee Ordinance regarding the imposition and collection of EMS Impact
Fees. The Collier County Consolidated Impact Fee Ordinance (CIFO), 2001-13, as
amended, effective March 19,2001, superseded and repealed Ordinance Number 2000-
48. As set forth by the CIFO, the EMS Impact Fees are required to be reviewed and
updated at least every three years in order to ensure that the impact fees are sufficient but
do not exceed the reasonable cost of infrastructure and improvements needed to offset the
demand created by growth. 2003 was the scheduled update year for the EMS Impact Fee.
Staff is requesting that the Board waive the requirements of the Request for Proposal
(RFP) process and proceed directly with the Request for Quote (RFQ) process. This
request is made in the interest of accelerating the completion time for this update. As
noted above, the provisions of the Consolidated Impact Fee Ordinance (CIFO) require the
update of each impact fee at least every three years. The use of the RFQ process would
¡.....
,.....-.,
Contrad #03-3504
Page 2
Agenda Item No. 16A7
February 8, 2005
Page 2 of 5
allow the study process to begin shortly after a qualifYing quote is accepted. The requests
for consulting services will be sent to finDs with a proven and successful track record
with Collier County, including a strong emphasis on the consultant's staff resources
available and their ability to complete the study in a timely fashion, adhering to a set
schedule.
FISCAL IMPACT: There is no direct fiscal impact related to this request. Collier
County is entitled to receive all of the data and work products related to the HY &Co
contract as contained in any tasks previously completed by the consultant and for which
they received compensation. Staff will immediately request that all such materials be
provided to Collier County and evaluate the value of the materials received. If the value
received is not commensurate with the amount paid to date, staff will pursue all available
remedies. Invoices paid related to this contract total $15,455. There are currently no
outstanding invoices and Henderson, Young and Company has been paid for all work
completed on this contract to date.
Upon direction by the Board, staff will solicit proposals for a new consultant to complete
the EMS Impact Fee Update Study. The cost of the study is estimated not to exceed
$40,000. EMS Impact Fees ITom the applicable Impact Fee Trust Fund will fund the
project.
GROWTH MANAGEMENT IMP ACT: The requirement to pay impact fees ensures
that future development contributes its fair share to the cost of inftastructure and
improvements to specified Public Facilities and is an essential element of the County's
Growth Management Plan (GMP). Therefore, in recognition of changing growth patterns
and population growth, the impact fees imposed should be reviewed and adjusted at least
every three years to ensure the equitable and lawful imposition of the fees.
LEGAL CONSIDERATIONS: Tennination of this contract is consistent with
provision 12.3 of Contract # 03-3504, which states "Owner (County) shall have the right
to tenninate this Agreement, in whole or in part, without cause upon seven (7) calendar
days written notice to Consultant." Written notice was provided to the consuhant on
January 24, 2005.
RECOMMENDATION: That the Board of County Commissioners tenninate Contract
#03-3504 with Henderson, Young and Company for convenience, waive the fonnal
competition process and direct staff to solicit proposals and award a contract to a new
consultant to update the EMS Impact Fee. Additionally, staff requests the approval of
any subsequent budget amendments related to this request.
Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES
'-
Item Number
Item Summlry
Meeting Cite
Agenda Item No. 16A7
February 8. 2005
¡:')age 3 of 5
COLLIER COUNTY
BOARD OF COUNlY COMMISSIONERS
16A7
Recommendation to terminate Ccmtract # Q3~3504 with Henderson, Young and Company
relalivl!: to 1he Emergency Medical Ser'.'IC'!S Impact Fee Update Study waive fh~ formai
competition process and solicit propoSools 10 seiect a new consultant to UpdlH6 the
Emergency Medical Service!'> Impact ¡':ee (estlmaled amount not-Io-exceed $40,000).
218/20059:00:00 AM
Prepared By
1/26/70059:4-5:45 AM
Amy Patterson
Community Developm4!nt &
Environmental SCt'lllce1õ
Date
Impact Fee Manager
Fin;¡ndal Admin. & Housing
CI)otrads Agent
Date
Approved By
Lindn J~ (:k$oll
Adminis.tmtÎve Servh::e.s,
Purchasing
1/26/2005 1bl-O AM
D;tte
Approved By
Buteau of Ernf!toency 5ervÌ[;'es EMS
Joff Pago EMS Chlof
1/26/200511:4-3 AM
Approved By
S:mdra Lea
Communil:y Oe"EIlof.lm~nt &
Environmental Services.
Executive Secretary
Date
Community Cnvelopmen't &
Environmental Services Admin,
1/261200512:"1& PM
A!1'1iii5tant County Att()tf1I~Y
Oil!E!
Approved By
Pal riel< G. Whitl1\
County Attom.ey
Coun'ty AttQrn@y Otfiç.e
1/26,120052:11 PM
OpercTtions Analyst
Date
Approved By
Constance A, Johnson
Commundy Qmelopment &
Environmentn! 5f~tvjce<;¡
Comlnunity Ot!velopmont &
Ellvìronme-ntítt Servicl"s A( min,
1!26i200S 2:46 PM
Financial Admín & Housing Dìrf:ctor
Date
Approved By
Denton Baker
Community Development &
Environmental Service-s
FinÐNcial Adrnin. &. H('Iu~ill!J
1126/20054:25 PM
Date
Approved By
Kelsey Ward
Admioi50t,~fj\/e Services.
Senior Purchac,¡il)Q ·nod Contnu;b
Agent
Purcha1;iog
1/26!2005 4:44 PM
Approved By
PurchasirlgIGener.a! SVc.'S Director
Date
Ste'\ie Carnt'1I
Administrative Serv,çes
Purchasing
1(26/20Q5 6:04 PM
Approved By
Dute-
Joseph K. SchmJtt
CQmmunity Development &
Environmentat Services
CommUl1¡ty De-velopment &
Environmental Services: Adn1ins;trafor
Community Oe:velopment &
Envitonmental Services Admin.
1/27/20059:14 PM
OMS Coonhn.atuf
Adminìshatlv~ A51.is14m'
Date
Approved By
County Milnélg~!t'S OHic;e
OffÎc:f! of Manìl¡Jem"nt 3. Qud\lf!t
1/28120051:02 PM
Approved By
Mark Is..dcson
County Manager's Office
Budget Analyst
Date
Office of Managemllimt & Budget
1/31120056:56 AM
Sr.nÎor Mal1agerncnfiBudger Ana¡y~t
O..t.e
Approved By
Susan U$her
County Manager'... Office
onil:!! Df Manag.cmf!nt .& BudIJet
1131/200& 12:35 PM
Oa ,(!
Approved By
Michnel Smyl¡o...~kj
Caonty Managet's. Oftic.e
Managemcnt & BudgP.t DirectQr
Oflïce of Management' & Bodg'"
1/31120051:46 PM
CQurlty Mallaql~f"
Dilte
Approved By
Jam~!s V. Mudd
.-
Board of County
ComnJis.sionet'§
CCHmty Mar"I~II~f"'s Offi,:n
1/31/20052:09 PM
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMl\1ITTEE
3301 East Tamiami Trail
Naples, FL 34112
Agenda Item No. 16A7
February 8, 2005
Page 4 of 5
January 25,2005
Commissioner Fred Coyle, Chairman
Board of Collier County Commissioners
3301 E. Tamiami Trail
Naples, Fl. 34112
Dear Commissioner Coyle:
The County Government Productivity Committee at its monthly meeting held on January
19, 2005, unanimously approved recommending that the Board of eounty
Commissioners terminate contracts with consultant Henderson, Young and Company
relative to the Educational Facilities Impact Fee Study and the Emergency Medical
Services Impact Fee Update Study.
In our understanding, the school contract was terminated on January 11,2005, and the
EMS contract termination is scheduled for the February 8, 2005, Board of County
Commissioners meeting.
One of the key areas of emphasis on the Productivity Committee work plan is the
assessment and evaluation of impact fees. We are supportive of the Board's direction and
philosophy that growth should pay for growth. In our opinion, punctual and complete
staff work on behalf of the consultant is vital to achieving the objective of timely revenue
to the county.
On behalf of the Productivity Committee, I would like to express our support for these
contract terminations by the Board,).;vhich are absolutely in the best interest of the
citizens of Collier County. We believe county staff should be directed to select a more
responsive consultant that meets the needs of the community.
Joe Swaja, Chairman
Productivity Committee
s, please do not hesitate to call me at 394-4599.
Sincerely,
C: Board of County Commissioners
Productivity Committee (via-email)
James V. Mudd, County Manager
Leo E. Ochs, Jr., Deputy County Manager
Joseph Schmitt, Community Development and Environmental Services Administrator
Denny Baker, Financial Administration and Housing Director
Amy Patterson, Impact Fee Manager
Agenda Item No. 16A 7
February 8, 2005
Page 5 of 5
~ COLLIER COUNTY GOVERNMENT
~ministrative Services Division
Purchasing Department
Contract Administration Section
Purchasing Building
3301 E. Tamiami Trail
Naples, Florida 34112
Telephone: 239/774-8949
FAX: 239/732-0844
email: Linda Jaclrnm(Ðco/liergov.net
sent via fa¡;;sirnilc and U.S. mail
January 26, 2005
R&'I.dy Young
Henderson, Young & Company,
8060 165d. Avenue N E, Suite 220
Redmond, W A 98052-3935
Re: Contract # 03-3504 "Impact Fee Update Studies- Emergency Medical Services Impact Fee
Update Study"- Notice of [ntent to Terminate Contract
Dear Mr. Young:
As per the provisions of Section 12.13 of the above reiert.'t1ced contract, the County intends to
terminate the above-referenced contract for convenience. This action shall be offective upon
Board approval at the February 8.2005 meeting. This Jetter shall serve as the required seven (7)
day written notice. Invoices to be paid related to this contract total $15,455,00; the invoices will
be paid in the Thursday, January 27,2005 check run.
Should you have any further questions, plea.¡.¡e contact mG.
Sjn;,~ly, ' I
""::::'><'>< ,,(~ / t ,
',' ~/'/.0(.1;:: - .L, --1" r"'i(... ,L "1 ;..--,.,-"
,~/' ",'/, .. " i ,/ . It" .,;."
" "Li. da L. JacKso 'i~M.B.A.
O'ontract SpecialiSt
Cc: Steve CarneIJ, Purchasing and General. Services Director
Amy Patterson, Impact Fee Manager
Denny Baker, Financial Administration IInd Housing Director
Patrick White, Assistant County Attorney
Bonnie Baer. Finane<: Department
Agenda Item No. 1681
February 8, 2005
Page 1 of 3
EXECUTIVES~Y
Recommendation to approve a budget amendment to modify the Transportation Services
Adopted budget and move aU costs that are shared in the new Transportation Services Building
in the amount of $68,129.70 for FY OS into one cost center.
OBJECTIVE: To receive approval of a budget amendment to modify the Transportation Services FY
05 Adopted Budget to consolidate all costs that are shared within the new Transportation Services
Building in the amount of$68,129.70.
CONSIDERATIONS: Transportation Services has recently relocated to the new Transportation
Services Building. Previously Transportation Services was located in 3 separate buildings and
occupied 5 separate units. Due to being housed separately, Transportation has always budgeted costs
such as electric, water & sewer, lease equipment (copiers) etc. in each individual department budget
and under separate cost centers. Now that Transportation is in one building, it is more convenient to
move these types of shared costs into one cost center for ease of processing invoices to pay for these
services. There will be no additional funds added to the Transportation budget This budget
amendment will simply move funds from each individual department cost center and place into the
Administration cost center to cover all shared costs for the building.
FISCAL IMPACT: Budget amendments are needed to move $68,129.70 from each department
budget within Fund 101 and place in the Administration budget. Funds in the amount of $46,431.28
will come ÍÌ"om the Transportation Services Fund 101. Funds in the amount of $13,513.03 will come
ITom the Transportation Services Engineering & Construction Management Fund (312), funds in the
amount of$2,OOO will come ITom the MSTD General Fund Landscape (111), and $6,185.39 will come
ITom the Transportation Stonnwater Management Fund (001).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the necessary budget
amendments to move $68,129.70 ITom the Transportation Department budgets and reallocate to the
Transportation Administration Budget.
PREPARED BY: Sharon Newman, Accounting Supervisor, Transportation Services Division
--
,..._"._",.,,,,.",,..~"
"'""'''''''''U''''''1''""''''",,,,'~'''''''
,.,··,'·····,".>"',..."'.'·_i~.._"".···,··,···,
Item Number
Item Summary
Meeting Date
Approved By
Sh,uat1 N~wnlliln
fr:H'\.!t[JtHtioo 5~t\I¡C~ä
A!~enfJa Item No, , 68 1
February 8. 2005
Pa(H~ ;? of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B'1
Recomrnendßt¡on to approve a budget. amfl:fldmem to modify the Tnmsportation Services
Adopted budget al'ld move aU r..05tS thF.!! are ~hart'!d in 1he new Tm!1!'ìpcrtatioll Services
Building in the amount (~, $68,12970101' FY 05 into Oll~ t'o$1 cenll~r·.
2/8/200.'59:0000 Af\.1
Ac.cGllnting SupervisOl
Oate
Tral'llipö'bjio" Admil'lislfl1tìOrt
1l20l2005 2~."i8 PM
o¡ü(:
Approved By
{Jm'lald l.. Scott
Tran ¡:portìon Senric-et:
Tral'llõpufta.tiOt! PlilnnÎn", Djf(:çl(1f
Transportation r-'IRlming
1/20!1(JC\5 4:(11 PM
Date
Approved By
Ricardo Vaiera
Tr,""5þQr/iDn $~rvkr.-5
Director
ROOld Mi'lìo1~tI:Jl1(;eI5tr.>1lT1w<'10r
1121/2005 "11:49 AM
Oat~
Approved By
Roh~rj W. ljptl~n, P.t.
flsn.'f.portion Se-Ivices
Cm¡nt)' TMfflr. Op~ntjonn Eng-in(!et
TuNk: OperatioflSò! ATM
1/24{2005 8:31 AM
D:a!f!
Approved By
(Jianl~ ß. Flagg
TnH!sµ<Il1ion 5t'rvice~
Traffic Op!!'ultior:s: and All 1ran~ Mudes.
nir.¡¡,CT:or
Tr..ffi¡; Op!!'r:atioIHi.i A 1M
1/2411{JD5 2:34 PM
Oa1e
Approved By
Eugefl(~ C<I: ver1
Tran$pOMation$ SN"ic(!~
PrhlGipaJ Project Maruger
Tr~n$portati[ln [I"\gint:l1!'ring and
CO/1.':1.1rudion M.:"In.a9~1T!er,t
1.J2412nO& 5: W PM
Date
Approved By
No.n1'1 E. Feder, A!CP
T (8mi.,x)t1i'HI S~rvic~$
r,a"sportafiDn Divisiol' Admirllstr<11or
rrarn,jJortal!OfI SeNir.r~$ Admin
1f25iZOû5 10:54 AM
l)"!f!
Approved By
PHt l.eÞnhard
Tr'llwport~ltkÞrl Servi<:lt!>
[-; ~~,;uHve S~~çmtar~
1 r;¡fJEiporttltj~m Sen..'ic:ès "..drni"
112Si2DO!: 1:31 PM
Date
Approved By
OMf) Coordina!O/
County Manaqf.',t's Office
Adrninh;trativ!!' An:ísltll"lt
Offk.p. of Manngl!lr1lent &, Budgf!]t
"U2!i/:i005 2;24 Pr..~
D,11f'
Approved By
M.uk IBadu:¡( .1l
Ct>UI1(Y Man..gHt's Offl¡:e
ßllci9<11( Analyst
Oft c~ u1 !'vhlMagtmuW1 & Bu(jglrt
1/31120U5 4:07 PM
Dõ!lte
Approved By
Mlchud Smykow$kr
County M;Jnagn''S. Otfice
M",n;.l,gl~rnel'1t & Budget Director
Oltice of M;Jnsgement & Budget
1f31i2t1D5 4:45 PM
Da1e
Approved By
James V Mudd
Bi)illd or Coun(y
CommiSS10n1!'f1ô
CQunty M..1nagel
County Man:JQf:\t'¡; Üffice
1131120055:2:7 PM
Cost Center
Dept
Fund Obj Code
Obj Code
Title
FY05
Budget
1/ a Item 1'10. 00
currenlebrll~l~?
Balance r;~d9
163610 Traffic Ops Admin 101 643100 Electricity 6,700.00 6,520.43 (6,520.00
163610 Traffic Ops Admin 101 644620 Lease Equipment 5,000.00 4,790.00 (4,790.00)
163610 Traffic Ops Admin 101 646710 Office Equip R&M 1,000.00 773.67 (773.00)
12,700.00 12,084.10 (12,083.00)
163630 Traffic ODS 101 643100 Electricity 450,000.00 367,013.00 (5, 1 00.00)
163630 Traffic Ops 101 643300 Trash & Garbaae 1,200.00 883.42 (200.00)
163630 Traffic Ops 101 646180 BuildinQ R&M 500.00 500.00 (500.00)
451,700.00 368,396.42 (5,800.00)
I 163640 I ROW Permitting I 101 I 643100 I
2,400.00 I 1,534.17 I (1,250.00)1
Electricity
163621 Stormwater Admin 101 643100 Electricity 2,800.00 2,800.00 {2,800.00
163621 Stormwater Admin 101 644620 Lease Equipment 1,500.00 1,500.00 (1,500.00
163621 Stormwater Admin 101 651210 COpy CharQes 600.00 600.00 (600.00
4,900.00 4,900.00 (4,900.00
163647
163647
Electrici
Cell Phones
1,000.00
5,000.00
6,000.00
1,000.00
1,000.00
2,000.00
{1,OOO.00
(1,000.00
2,000.00
163617 A TM Admin 101 643100 Electricity 4,000.00 2,461.00 (2,461.00)
163617 A TM Admin 101 646710 Office EquiD R&M 1,000.00 653.67 (653.67
163617 A TM Admin 101 651210 COpy Charges 800.00 800.00 (800.00
5,800.00 3,914.67 (3,914.67
163612 PlanninQ 101 643100 Electricity 1,300.00 959.95 (959.95
163612 PlanninQ 101 644170 Rent Temp Storaae 1,200.00 1,200.00 (1,200.00
163612 Plannina 101 644620 Lease Eauipment 3,000.00 2,360.00 {2,360.00
163612 Planning 101 644650 Lease Purchase Eaup 8,700.00 8,700.00 (8,700.00
163612 Plannina 101 646710 Office EquiD R&M 500.00 500.00 (273.66
163612 PlanninQ 101 651210 COpy Charges 1,000.00 990.00 (990.00
15,700.00 14,709.95 (14,483.61
172970 Stormwater 001 643100 Electricity 5,200.00 4,385.39 (4,385.39
172970 Stormwater 001 644620 Lease Equipment 1,800.00 1,200.00 (1,200.00)
172970 Stormwater 001 651210 Copy Chal'Qes 1,000.00 600.00 (600.00)
8,000.00 6,185.39 (6,185.39)
163615 TECM 312 643100 Electricity 9,000.00 7,615.80 (7,615.80
163615 TECM 312 644170 Rent Temp StoraQe 1,100.00 1,100.00 (1,100.00
163615 TECM 312 646180 BuildinQ RM 200.00 200.00 (200.00
163615 TECM 312 646710 Office Eauip RM 1,100.00 873.67 (873.67
163615 TECM 312 651210 COPy Chal'Qes 5,000.00 3,723.56 (3,723.56
16,400.00 13,513.03 (13,513.03
163620
R&B
101
634980
Interdept Payment
20,000.00 I
2,000.00 I
20,000.00 I (2,000.00)1
2,000.00 I (2,000.00)1
~ (68, 129. 70)~
634999
Other Contract Serv
163651
Design
101
EXECUTIVE SUMMARY
Agenda Item No. 1682
February 8, 2005
Page 1 of 13
,'-
Recommendation to award bid #05-3750 "Rattlesnake Hammock Road (CR
864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds .
Maintenance" to Ground Zero Landscaping Services. Inc. in the amount of
$30,781.90.
OBJECTIVE: To obtain Board approval to contract with Ground Zero
Landscaping, Inc. for landscape maintenance services for Rattlesnake
Hammock.
CONSIDERATION:
1. On November 3, 2004, the Purchasing Department sent notices to 45
vendors for the landscaping and irrigation roadway grounds maintenance:
#05-3750 "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail
East to Polly Avenue) Roadway Grounds Maintenance".
2. On November 18, 2004 at 10:00 a.m., a mandatory pre-bid meeting was
held, at which time all prospective bidders had questions answered
regarding the bidding documents for this project. There were two (2)
addendums to the bid package.
3. On November 30,2004 at 2:30 p.m. four (4) bid packages were received
and opened. Staff reviewed the unit pricing on the bid tab, and Ground
Zero Landscaping Services, Inc. submitted the lowest bid.
4. Staff recommends that Ground Zero Landscaping Services, Inc. be
recognized as the lowest, qualified and responsive bidder.
5. The four (4) bids that were received are as follows:
a. Ground Zero $30,781.90
b. Advanced Lawn $55,133.70
c. Commercial Land $63,587.35
d. Green Heron $79,372.00
6. Subsequent to posting the initial award recommendation, a protest of the
recommendation was received by the Purchasing Department. The
Director reviewed the protest and issued a decision. The protestor did not
appeal the decision.
Staff recommends awarding the contract to Ground Zero Landscaping Services
bid amount of $30,781.90.
FISCAL IMPACT: A total of $30,781.90 is available in the Rattlesnake
Hammock Road Project (MSTD General Fund (112) Landscape Projects, Project
65021 ).
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATION: That the Board award bid #05-3750 "Rattlesnake
Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway
Grounds Maintenance" to Ground Zero Landscaping Services, Inc. in the amount
of $30,781.90 and authorize the Chairman to execute the standard contract after
reviewed by the County Attorney's Office.
.-
Prepared by: Pamela J. Lulich, RLA, Project Manager
"-""';''''~''''
Item Number
Item Summary
Meeting Date
Age",!;) Item No. 1682
Fe,bruary 8. 2005
?~-'ige 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1682
Rer::ommend~ jon to ßwnrrj bid #0.5-3750 "Ralti~;;;llake Hammor.k ROtH:! (CR 884) (US 41
T:Jmiami Tr8i1 East to Polly Avenue\ RDadway Ground:; M<;¡I1tenanc€¥ ¡;';¡ Ground 21':ro
Lands.cBf'Jing Services, JTIC; 10 the amount of $30.781 .90
2,'8/20059:00:00 AM
Prepared By
1/2iJi20Ci~ 1:58:00 PM
Pamela J. LuJich
Tr;If! PQrjiQI~ 51f1rvicn!l
D~te
pfQject Managl!!r
Trame Opr~'¡'¡tio'1!5.¡ ArM
Out!!'
Approved By
PiJlne ;¡, J. Lulich
Tr,¡n¡;,portioM SUI/ices.
Projt'ct Man:;:r¡j/tf
Traffic Op~rat!onGJ ATM
1120t2005 2:01 PM
D;;¡te
Approved By
Sharon Newman
Trnn$portion SC'rvÌt;~n
Accounting SupeorVisor
TrQn~portatiof1/~dmjn¡~!H1tion
1/2 f/2V05 I)~OO AM
Da14:
Approved By
BrE?f1d" 8rilhort.
Administrative Servict:~
Pur"hasing Agr.nt
PlJrGhól~hlg
1124!2005 1U:41:1. AM
D;¡1e
Approved By
Climc 8. Fla.gg
T f311'J.pon:ion Servíce'50
Tr;lffic Op~raUa ¡s .md "It Trans Ml)de$
[)in~cWr
1'r:3ffic; Or)cratfons! ATM
1i24J;¿005 1:31 PM
D<it<ò
Approved By
Gloria Hcnera
rnll'!'lml~ior! S[HV¡C~! ;
Managernt!n1IBu~get Analyst
Tr.1f't!¡por11¡,lio!1 Cìpr.r:alion~¡
i124!2005 3.03 PM
Daif!
Approved By
Pi¡t L~hnh..¡"d
frallí1þi:>rtóJtion S~r\l'kl!s
F~er-utive S(!'Cmt.;¡ry
lnJf!sþortntion :St!lv!<:es Admi¡,
1t25¡:i:n05 1:40 PM
ünte
Approved By
St~ve (;urlleU
.4.dminis:tnltivl?: Servica";.
Purc!lU~ nglG(!rH~tal 5vGS D¡Ic;;-tol
Purchfl~¡ng
l1lS/l00!) ;l;33 PM
[)ab~
Approved By
OMS CDDrdinator
County Manayer'6 Dff¡c~
fH1mirli,,;lratil.'l! Assistant
Ofhct' of M¿¡na.gement & Budgt!t
1!26/2005 2:15 PM
Dat~'
Approved By
Nor," E. FI'-,'ü!I; AICP
TransPQrtio¡\ Si!rvì<:;es
rr:!lnsporhtion DW1Sio!' Admrllif¡tw1(1r
lranSptH1.8tion Services t,drnin
1i27!2UaS 8:J4 A,M
D..te
Approved By
Mark hackson
(.()\II1ty MIIII<39I1\r',.. ONk:e
8udg(!t lCIna!y¡,t
Offkt!' ,)f" M;J11iI9~rHen! ... f.hfdg~;
112ßI2U05 6;:13 AM
Oat¡t
Approved By
Mkhitcl 5mVk.r,¡W6iÖ
County Man3ger's QtI¡Cf:
M"oag~m~nl & BUdjJld {)ìr~r.-Iot
Office of Management 8. BUl1get
1rJ'il200B 4;53 ~'M
Dat~
Approved B}'
J3m~s V. 1\bdd
ßöiltr.l of County
Commil>1óiol1(!rs
CD~H\ty Mal1agef
County MNnag~r's OHice
1i31i2U05 7:10 PM
Bid #05-3750
'Rattlesnake Hammock Road (CR 864)
(US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance"
Due: November 30. 2004
Project Menager: Pem Lulich
Post: Nov 3. 2004, Add #1
Agenda~~16~
Pa~~~QGP
-'-~-Page 3 of 13
Commercial
Land Green Heron Adv8nced Lawn Ground Zero
I. SECTION L BASIC MAINTENANCE FUNCTIONS
Cost to Perform Basic Maintenance Functions as follows:
Mowlna & Edai""
UnK Cost EA 5200.00 5360.00 5100.00 5126.00
T alai Cost 152 510.400.00 516.720.00 55.200.00 56,552.00
¡rriastian Svstems
Uni1 Cost WK 55.00 515.00 $75.00 $15.00
T alai Cost 152 5260.00 $760.00 53,900.00 5760.00
Weedina
UnK Cost EA 5300.00 5220.00 5225.00 523.00
Total Cost 52 515.600.00 511.440.00 511,700.00 $1 196.00
General Site Prunino
UnK Cost EA $90.00 $200.00 5125.00 524.00
T alai Cost (52 54,660.00 $10,400.00 $6.500.00 $1,248.00
Trash Removal
UnK Cost lEA 5100.00 570.00 575.00 510.00
T alai Cost 52 55,200.00 53,640.00 53.900.00 5520.00
Street Cleenina
Uni1 Cost (EA 5150.00 5240.00 550.00 584.00
Tolal Cost 52 $7,800.00 512.480.00 52,600.00 $4,368.00
SUBTOTAL Section I Annual Costs: $43,940.00 557.460.00 533,800.00 $14,664.00
SUBTOTAL Section I'Divlded hv 12 months MonthlvTotel $3,661.67 $4,788.33 $2816.66 $1,222.00
II. SECTION" SITE SPECIFIC MAINTENANCE FUNCTIONS
A. CANOPY TREE AND PALM PRUNING
Caneoy T....... - ADrll and SeDtember:
Crape mvrlle
Uni1 Cost EA CUT $1.00 52.00 55.00 51.00
Total Cost 3 53.00 $6.00 $15.00 $3.00
White Geiaer
UnK Cost EA CUT 51.00 52.00 55.00 51.00
Tolal Cost 41 541.00 562.00 5205.00 $41.00
Liva Oeks
Uni1 Cost EA CUT 51.00 52.00 55.00 $1.00
Total Cost 51 551.00 5102.00 5255.00 551.00
Silver Buttonwood
Uni1 Cost EA CUT $1.00 $2.00 55.00 $1.00
Total Cost 84 584.00 5168.00 $420.00 584.00
Black Olive 'Shadv Ladv'
Uni1 Cost lEA CUT $1.00 $2.00 55.00 $1.00
T atel Cost 7 $7.00 $14.00 535.00 $7.00
Yellow Elder
Uni1 Cost lEA CUT 51.00 $2.00 55.00 $1.00
Total Cost 4 $4.00 $8.00 $20.00 $4.00
Cattlevauava
Uni1 Cost lEA CUT $1.00 $2.00 55.00 51.00
T alai Cost 129 529.00 558.00 5145.00 529.00
Subtotal CanODY Trees 5219.00 $438.00 51,095.00 5219.00
1 of11
Bid #05-3750
'RaltlesnaJce Hammock Road (CR 864)
(US 41 Tamiaml Trail East to Polly Avanua) Roadway Grounds Malntenancs"
Dua: November 30, 2004
Project Manager: Pam Lullch
Post: Nov 3. 2004, Add #1
Agenda~t16~
Pa~~~QQ¡5
Page 4 of 13
Commercl.1
Land Graen H....n Adv.nced Lawn Ground la...
Palms· Jun.:
AJexnder Palm
Unit Cost EA CUT $0.00 $2.00 $1.00 $1.00
Total Cost 22 $0.00 $44.00 $22.00 $22.00
Florida Royal Palm
Unit Cost EA CUT $0.00 $2.00 $1.00 $1.00
Total Cost 28 $0.00 $58.00 $28.00 $28.00
Foxtel~lm Self Cleanine)
Unit Cost EA CUT $0.00 $1.00 $1.00 $1.00
Total Cost 65 $0.00 $65.00 $65.00 $65.00
Florida Thatch Palm
Unit Cost rEA CUT $1.00 $2.00 $1.00 $1.00
Total Cost r29 $29.00 $58.00 $29.00 $29.00
SUBTOTAL P.I.... $29.00 $223.00 $144.00 $144.00
B. FERTILIZATION County will suoolv oranular fertilizer
Turf, Groundcover, Shrubs and Trees
Unit Cost (EA $4.00 $4.30 $4.00 $3.00
Total Cast 1440 Baas $1,760.00 $1,892.00 $1,760.00 $1,320.00
Perform Seauestrene Iron Drench Application
Unit Cost rEA $300.00 $90.00 $150.00 $267.00
Total Cost (4 $1.200.00 $360.00 $600.00 51,148.00
20-20-20 with Ferromac AC 13-0-0 olus 6% iron (Oplional
Unrt Cost EA 5100.00 $50.00 $100.00 $75.00
Total Cost (6 5600.00 5300.00 5600.00 $450.00
Subtotal F.rtlllzatlon $3,560.00 $2.552.00 $2.960.00 $2.918.00
20111
Bid #05-3750
'Rattlesnake Hemmock Road (CR 664)
(US 41 Temiami Trail East to Polly Avenue) Roadway Grounds Maintenance'
Due: November 30, 2004
Project Managar: Pam Lulich
Post: Nov 3, 2004, Add #1
Agenda~~16~
peliíij¡é¡'¡I:t~QQ¡5
Page 5 of 1 3
Commercial
Land Green Heron Advanced Lawn Ground Zero
II. SECTION II SITE SPECIFIC MAINTENANCE FUNCTIONS Con'
C. ORNAMENTAL AND TURF SPRAYING
Truf Arae:
Insecticides & Funaicides
Un~ Cost EA $150.00 $200.00 $150.00 $48.00
Totel Cost 12 $1,800.00 $2,400.00 $1.600.00 $576.00
Herbicides
Un~ Cost EA $150.00 $90.00 5150.00 550.00
Total Cast (6 $900.00 5540.00 5900.00 $300.00
Groundcover. Shrubs & Traes:
Insecticides & Fungicides
Un~ Cost lEA $250.00 $165.00 $175.00 $149.00
Totel Cost 12 $3,000.00 $1,980.00 52,100.00 $1,786.00
Herbicides
Un~ Cost (EA $250.00 $150.00 $175.00 $105.00
Total Cost 6 $1,500.00 5900.00 $1.050.00 5630.00
SUBTOTAL SDravln $7,200.00 $5,620.00 $5,650.00 $3,294.00
D. MULCHING
Omenic ADDiicatlon 2" mulch, 2 cu. Ft. baas
Un~ Cost EA $0.85 $1.00 50.70 $0.90
Totel Cost 17,271 Beas 56,160.35 $7,271.00 $5,089.70 $6,543.90
SUBTOTAL Mulching $6,160.35 $7.271.00 $5,069.70 $6.543.90
E. LANE CLOSURE - Meintenence of InIflic to be included in unit a,icino
F. IRRIGATION SYSTEMS (Section 2 - 'F"
e. Poo-Uo
Unit Cost WK 520.00 $10.00 $75.00 $5.00
Totel Cost 52 51,040.00 $520.00 $3,900.00 $260.00
SUBTOTAL Irrlaatlon $1,040.00 $520.00 $3,900.00 $260.00
30f11
Bid #05-3750
·Raltteanake Hammock Road (CR 864)
(US 41 Temiaml Tran East to Polly Avenue) Roadway Grounds Maintenance.
Due, N0V8mber 30, 2004
Project Manager: Pam lullch
Post: Nov 3, 2004, Add #1
Agenda~1G~
P~,,~Q<45
Page 6 of 13
Commerclel
Land Green Heron Advanced Lawn Ground Zero
n. SECTION II SfTE SPECIFIC MAINTENANCE FUNCTIONS Con't
G. PRESSURE CLEANING BRICK PAVERS
Paver Clean/na
Unn Cost EA $200.00 $775.00 S200.00 $420.00
T atal Cost 6 $1,200.00 $4,650.00 $1,200.00 $2,520.00
SUBTOTAL Pavars '1,200.00 $4,650.00 $1.200.00 $2,520.00
01. SUMMARY OF ANNUAL COSTS
BasIc Maintenance Functions (Subtotal Annual Costs $43940.00 $57,460.00 $33,800.00 $14.664.00
Site S"""1Iic Malmenance Functions for,
Cannnv Tree Subtotal x 2) $438.00 $876.00 $2 190.00 $438.00
Palm Prunlna Subtotai S29.00 $223.00 $144.00 $144.00
Fertilization Subtotal $3.580.00 $2,552.00 $2.960.00 $2.918.00
Omamental and Turf Soravina Subtotal $7,200.00 $5,820.00 $5 850.00 $3,294.00
MulchlriDSubtotal $6,180.35 $7,271.00 $5,089.70 $8,543.90
Lana Closure Included In POOno
Irritiiiiíon Svtllemtl Subtotal $1.040.00 $520.00 $3,900.00 $260.00
Brick Pavars. Sidewalk and Decorative Pav;n" Subtotal $1 200.00 .00 $1,200.00 $2.520.00
IV. TOTAL BASE SID $63,587.35 . .00 $55 133.70 $30,781.90
4 of11
Bid #05-375IJ
'Ratllasnake Hammock Road (CR 864)
(US 41 Tamiaml Trail East to Polly Avanua) Roadway Grounds Maintenance'
Due: November 30, 2004
Project Meneger: Pam Lulich
Post: Nov 3, 2004, Add #1
Agenda~~í16~
Pafu¡~8If~Jì~,,";¡QQp
Page 7 of 13
Commercial
Land Green Heron Advanced Lawn Ground Zero
V. ALTERNATE
A. "TRASH RECEPTACLES
Raceotacle Service
Unit Cost EA $10.00 $5.00 $20.00 $3.00
Total Cost 52 $520.00 $260.00 $1,040.00 $156.00
Total $520.00 $260.00 $1,040.00 $156.00
Street Sweeni¡¡¡;-
Unit Cost EA $600.00 $1,200.00 $400.00 $280.00
Total Cost 1 $600.00 $1,200.00 $400.00 $280.00
VI. ESTIMATED TOTAL MAN-HOURS TO PERFORM REQUIRED SERVICES
(THE Contractor shall submit the craw size abova the minimum 5 person crew required per
week, and man-hours he Intends to provide to this Contract on a weeklv besls.)
Hours Par Waak
Craw Size Personnel on Site 6 6 6 5
Man-Hours 42 42 48 24
VII. ADDmONAL LANDSCAPE MAINTENANCE SERVICES
Should additional work of the following description be required. adjustment will ba made to the
Contract Sum at the following Unit Prices. which shall Include all expenses. including Overhead
and Profit, MOT. Supervision and Transportation.
A. GENERAL SERVICES
Landscane SUNlMsor (cer man-hour $52.00 $5IJ.00 $48.00 $35.00
IrricBtion Technician {Dar man-hour $52.00 $40.00 $48.00 $30.00
Labor/HaiDer (oer man-hour $35.00 535.00 $30.00 $25.00
Pine Straw-Labor Costs Par Bale On $5.00 $5.00 $5.00 $5.00
Materials-Cost Plus 50.00% 50.00% 30.00% 25.00%
Rantai cost D8r day of a 4.000 oallon tankar with Ocerator with Reouired Operator Ucense $1,100.00 $1,200.00 $1,200.00 $1,900.00
Additional Hand Watering (Contractor to Provide Tanker and ODerator) (cer hour costs $140.00 $130.00 $175.00 $237.00
Stump Grinder and Operator (per hour costs) $90.00 $90.00 $75.00 $75.00
Bobcat and Operator (per hour costs 590.00 $95.00 $100.00 $45.00
5 of11
Bid #05-3750
'Rattlesnake Hammock Road (CR 864)
(US 41 Tamiami Trail East to Polly Avanua) Roadway Grounds Msintenance'
Due: Novamber 30. 2004
Projact Manegar: Pem Lu6ch
Post: Nov 3. 2004. Add #1
Agenda~\s!iaè~16~
PaMl.1Gi~9Qp
~-Page 8 of 1 3
Commercial
Land G....n Heron Advanced Lawn Ground Zero
Vii. ADDITIONAL LANDSCAPE MAINTENANCE SERVICES CON'T
B. PLANTING SERVICES
These services shail be activated in the event that damaged or dead plant material require
replacement and/or landscape areas require minor renovations. Quotes requasted fer items
under this Section generelly shail be for small quenilìes. Tha Contractor shail bid Installed Unil
prices which includes materials and labor required fer tha Instailation. MOT, Inl1lal watering and
estebllshmant hand watering provided the irrigation system is not providing proper coverage.
All plant material provided shell be Florida #1 or better as specified by tha Department of
Agriculture's 'Grades and Standards for Nursery Plants" Volumes I & illatest edition.
ITEM
1. Mulch
Shredded Cvnress Bark. Grade "N, 2" de.,/h - Unil..,. ft. 51.50 51.50 50.75 51.25
Eucalvntus, Grade 'A', 2" deolt1 - Unil sq. ft. 51.50 51.50 50.75 51.35
Pine strew. 3" fluffed deDlh - Unil sq. ft. $1.50 52.00 50.95 51.00
Washed shall, 3" de"'h - Unil .0. ft. 55.00 55.00 51.50 $2.50
Grav siaa araval. 1112" - Unil sa. ft. 55.00 55.00 51.25 55.00
2. Plants
a. 4' Container, AnnualsJParennials Begonias, Impatiens, Lantana, Pentas. Purple queen,
Duna sunftower etc. Parennlal Peanut Ground Cover - each 53.00 53.50 53.00 52.00
b. 1 Gallon Container
African IrI. - each 58.00 58.00 58.00 55.00
Coontie - each 516.00 515.00 515.00 515.00
Day-lillv. evs"""en variatv - each 58.00 510.00 $12.00 55.00
Fla. Gamao...... - each $8.00 510.00 512.00 55.00
JuniDer 'Parsonii' - each 58.00 510.00 512.00 55.00
Lantana - each 58.00 510.00 512.00 55.00
Pentas - each 58.00 510.00 58.00 55.00
LlrioDe 'Evernreen oianf - each 58.00 510.00 512.00 55.00
Purele aueen - each $8.00 510.00 58.00 $5.00
Spider Liiv - each $8.00 $10.00 $12.00 55.00
Muhlvnrass $8.00 S10.00 512.00 55.00
Perennial Peanut oround covar - each 510.00 510.00 58.00 55.00
Ground Orchids - each 516.00 $18.00 $16.00 55.00
c. 3 Gailon Container
Cocoolum - each 516.00 516.00 518.00 $12.00
Coontia ~ each 538.00 535.00 $40.00 525.00
Dwarf bouoienvillea - each 518.00 518.00 $20.00 $12.00
Fakahatchee orass - each 516.00 518.00 $20.00 $12.00
Florida orivat - each $16.00 516.00 $20.00 512.00
6 of 11
Bid #05-3750
'Rattlesnake Hammock Road (CR 864)
(US 41 Tamlami Trail East to Polly Avenue) Roadway Grounds Maintenance"
Due: November 30,2004
Project Manager: Pam Lulich
Post: Nov 3. 2004. Add #1
Agencla~J'tiènt16i5?
Pai¡¡/ie!i~QQp
Page 9 of 13
Commercial
LMd Green Heron _ancOld uwn Ground Zero
VII. ADDITIONAl LANDSCAPE MAINTENANCE SERVICES CON,.
B. PLANTING SERVICES CON'T
ITEM
2. Plants
c. 3 Gallon Container
Fountain Classes· each 516.00 520.00 520.00 $12.00
lIex 'SchellinQS dwarf - each $16.00 $20.00 $20.00 $12.00
Indian hawthom 'Alba', wMe - each $16.00 $20.00 $20.00 $12.00
beara 'Nora aranr - each 516.00 $20.00 $20.00 $12.00
Dwarf Ixora - each 516.00 520.00 $20.00 $12.00
Junioer 'Parsonii' - each 516.00 $20.00 $20.00 $12.00
Plumbago - each $16.00 $20.00 $20.00 $12.00
Solder Iilv - each 516.00 $20.00 $20.00 $18.00
Thryallis - each $16.00 $20.00 $20.00 $15.00
Tumera 'Yellow Alder' - each 516.00 $20.00 $20.00 $15.00
Wax mvrtle - each $16.00 $20.00 $30.00 $12.00
Saw oalmetto . each 538.00 $45.00 $40.00 $25.00
Sea oats· each $25.00 535.00 $25.00 $12.00
Silver buttonwood - each $16.00 $25.00 $20.00 $12.00
Simpson or Soan Ish stan""r - each $16.00 $25.00 $20.00 $12.00
Variaate<! oittosoorum - each $16.00 $25.00 $20.00 $12.00
Walter's viburnum - each $16.00 $25.00 $20.00 $12.00
Muhlv arass - each $16.00 $25.00 $20.00 512.00
Grounds Orchids - each $30.00 530.00 $35.00 $12.00
d. 10 Gallon Container
BotIiebrush 'Red cluster' - each $140.00 $130.00 $125.00 $75.00
Camboam oalm - each $140.00 $140.00 $145.00 $100.00
Cattlev nuava - each $140.00 $140.00 $110.00 $75.00
Crinum lilv - each $140.00 $140.00 $110.00 575.00
CraDe mvrtle - each $140.00 $140.00 $110.00 580.00
Hibiscus stand am - each $140.00 $140.00 $110.00 $75.00
JamaciBn caner - each $160.00 $150.00 $145.00 $75.00
Ugustrum - each 5140.00 5140.00 $125.00 580.00
'MViSine - each 5140.00 $140.00 $110.00 $75.00
Silver buttonwood - each 5140.00 5140.00 5125.00 $75.00
Simoson or Soanish stonDer . each $140.00 $140.00 5125.00 575.00
Wax mvrtle - each $125.00 $130.00 5145.00 575.00
Verigeted oittosoorum - aach $140.00 $140.00 $125.00 $90.00
7 of 11
Bid #05-3750
'Rattlesnake Hammock Road (CR 864)
(US 41 Tamismi Trail East to Polly Avanua) Roadway Grounds Maintananœ"
Due: Novamber 30, 2004
proJacl Managar: Pam Lullch
Post: Nov 3. 2004. Add #1
Agenda~t164ti2
Pa~j, ~Qop
-'-'þãge 10 of 13
Camm.rclal
lImd Grasn Haron Advancad Lawn Ground Zero
VII. ADDITIONAL LANDSCAPE MAINTENANCE SERVICES CON'T
B. PLANnNGSERV~ESCON~
ITEM
2. Plants
a. 30 Gallon Container
Bottlebrush 'Red cluste~ - eech $300.00 $300.00 $275.00 $200.00
Cassia - each $350.00 $300.00 $300.00 $200.00
Crace mvrtiA - each $400.00 $350.00 $275.00 $200.00
Dahoon hollv - each $400.00 $300.00 $275.00 $200.00
HollV'Easl:ßalatka' - eech $400.00 $300.00 $300.00 $200.00
Foxtail oalm - aach $400.00 $400.00 $375.00 $250.00
Ligustrum - each $350.00 $350.00 5325.00 $250.00
Live oak - each $450.00 $450.00 $425.00 5200.00
Mahooanv - each $350.00 $400.00 $300.00 5200.00
Ma¡¡nolla - each $450.00 $450.00 $425.00 $250.00
Red maole - each $350.00 $350.00 $375.00 $200.00
Qra¡¡¡¡¡¡r¡¡¡ioer - each $350.00 $350 .00 $375.00 $250.00
Slash Dina - each $300.00 $350.00 $275.00 $200.00
Tabebuia 'loa' - each $400.00 $400.00 $375.00 $200.00
Wax mllltle - each $300.00 $300.00 $425.00 $200.00
White aelOar - each $600.00 $600.00 $375.00 5250.00
Orchid tree white - each $400.00 $650.00 $425.00 $200.00
f. 55 Gallon Container
Bottlebrush 'Red cluste~ - each $550.00 $550.00 $500.00 $400.00
Crace mvrtle - each $550.00 $550.00 $550.00 5400.00
Dahoon hollv - each $550.00 $550.00 $550.00 5400.00
HollY 'East oalatka' - eech $550.00 $550.00 $550.00 5400.00
Foxtail calm - each $650.00 $650.00 $750.00 5450.00
Liaustrum - each $550.00 $550.00 $550.00 $500.00
live oak - each $900.00 5900.00 5650.00 $500.00
MahOOanv. each $550.00 $550.00 $550.00 $400.00
MaD nella - each $650.00 $650.00 $650.00 $450.00
Red ma la - each 5550.00 $600.00 5550.00 $400.00
Orance oelaer - each $650.00 $650.00 $575.00 $500.00
SlashDIna - each $550.00 $550.00 $450.00 $400.00
Tabebuia 'IDe' - each $750.00 $750.00 5600.00 $400.00
Wax m'oll'tle - each $550.00 $550.00 5600.00 $400.00
Orchid tree Iwhtte - each $750.00 $750.00 5750.00 $400.00
White aeiaer - each $1,000.00 $950.00 5600.00 5500.00
8 of11
Bid #O~750
"Rattlesnake Hemmock Rood (CR 864)
(US 41 Tamiami Trail East to Polly Avenue) Roedway Grounds Maintenence"
Due: November 30, 2004
Project Menager: Pem Lulich
Post: Nov 3, 2004, Add #1
Agenda~~ft6~
Pa~¡,¡~"~9Q¡5
--j5ageli-õt 13
Commercial
lmId Green Heron Advanced Uiwn Ground Z.ro
VII. ADDmONAL LANDSCAPE MAINTENANCE SERVICES CON'T
B. PLANTING SERVICES CON'T
ITEM
3. Pelms
Sabal ""1m 10' to 20' CT. - each 5325.00 $400.00 $325.00 5250.00
Saba I oelm 8' to 12' Booted . each $325.00 $400.00 5325.00 5300.00
. Key thatch palm 6'to 7' HT., field'orown . each $650 .00 $650.00 $575.00 $500.00
Ribbon oalm 6' to 7' HT" field orown . eech 5650.00 $650.00 5650.00 $350.00
Royaloalm 18' CT. - each $1.800.00 52.200.00 $2,500.00 $1,300.00
"CiiiDentaria oalm 16' CT.\ - each $1,100.00 $1,200.00 51 400.00 $1,000.00
Weshinoton oolm (3D' CT. - each $2,000.00 $2,200.00 $2.500.00 $1.200.00
Solitaire oalm sinole 110' CT.' - each $800.00 51,000.00 51,400.00 $850.00
Solitaire oalmdouble (10' CT.\· each $900.00 $1.200.00 $1,400.00 $1.000.00
Foxtail palm 10' CT. $1,000.00 $1,000.00 $1,800.00 5500.00
4. Caneov Trees
Live oek 100 cal. Cont., 4"·5' cal., 16' ht.)· each $1,500.00 $1,500.00 $1,500.00 $2,200.00
Live oak 200 oal. Cont.. 6" -8' cal., 20' ht. - each $2,700.00 $3,000.00 $2,800.00 $2,800.00
White oeioer 100 oal. $2.700.00 $2.700.00 51,500.00 $2,800.00
C. LIQUID FERTILIZATION APPUCATION
Apply Peters 20-20-20 at ten (10) pounds of material per ona hundred (100) galions of water
with Ferromec AC 13-0-0 plus Six oereent Iron at ona third (1/3) galion of matarial per one
hundred (100) galions of water.
Turf-nArsa.fI. SO.05 50.15 50.40 50.08
Plantino Beds· oar so. fl. $0.05 $0.15 50.40 50.08
D. SOD SERVICES
oer.....ft. 51.15 51.00 $0.70 50.90
Removal of existing sodlwBeds wilh sod cutter or by hand and prapare sDiVarea to the
proposed finished grade suitable for new sod (Includes one herbicide treatment and all landfill
90f11
Bid #05-3750
"Rattlesnake Hammock Road (CR 864)
(US 41 Tamiaml Trail East to Polly Avenue) Roadway Grounds Maintenance'
Due: Novamber 30, 2004
Project Manager: Pam Lulich
Post: Nav 3, 2004. Add #1
Agenda~~6~
Pa~ ,I~qQp
--'15age 12 of 13
Commercial
Land Green Haron Advanced Lawn Ground Zero
VII. ADDITIONAL LANDSCAPE MAINTENANCE SERVICES CONT
E. SOD"URFGRASSES
DeHvared. otf~oaded, fine graded for sod, laid in place, rolled and trim adges as necassary:
St. Aunustina
1. FIoratam:
Muck nrown "'Ir 500 sa. ft:l)allet
Conventional Irrioatlon Untt Cost $500.00 $500.00 $350.00 $250.00
Sand mown I>Br 400 sa. If nallet
Conventionallrriaatlon Untt Cost $400.00 $500.00 $350.00 $240.00
2. Palmetto:
Mucknrown ""r 500 so. ft. oallat
Conventionallrriaation Untt Cost $550.00 $500.00 $350.00 $240.00
Sandarown Der 400 sa. ft. Dallet
ConventiDnallrriDation Untt Cost $450 .00 $500.00 $350.00 $220.00
3. Billar blue:
Muck Drown aor 500 sa. ft. Dallet
CanventionallrrioatiDn Un~ CDst $550.00 $600.00 $400.00 $280.00
Sand arown I>Br 400 so. ft. Dallet
CDnventionallrrioation Un~ Cost $450.00 $600.00 $400.00 $240.00
Bahia
1. AmAntine:
Sand Drown I>Br 400 m. Ft. nallst
Conventionallrrlaatian Un~ Cost $300.00 $500 .00 $350.00 $200.00
100f11
Bid #05-3750
'Rattlesnake Hammock Road (CR 864)
(US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance"
Dua: November 30, 2004
Project Manager. Pam Lulich
Post: Nov 3. 2004. Add #1
Agenda~~t16~
PaéiiJ:òt¡,i~90/5
î5age 13 of 13
Commercial
Land Grøen Heron Advanced Lawn Ground Zero
VIII. ADDITIONAUEMERGENCY LANDSCAPE MAINTENANCE SERVICES
The AdditionaVEmergency Landsq>ae Meintenance Services Bid Id mandatory and must be
comolet8d bvthe Bidder in order for thair bid to be considerad.
Mowina and EdainQ - so. ft. $ 0.02 $ 0.10 $ 0.10 $ 0.08
Weedina (Hand removal and hand soraved herbicide! - SQ. ft. $ 0.05 $ 0.10 $ 0.10 $ 0.08
PruniMTPer Section "II-D") (Removal and daiiverv of debris to landfill site - D8rhr. $ 125.00 $ 110.00 $ 110.00 $ 125.00
Fertilization (Labor for broadcastina 50 lb. Baa\ - oer bag $ 5.00 $ 6.00 $ 6.75 $ 6.00
Mulch Annlicatian Labor for applyina 2 cu. ft. b~ per baa $ 1.95 $ 2.00 $ 4.00 $ 2.00
Trach Pick-up and Removal (Bagging and disposal to a landfill of trash from landscape areas
and on-slte containers) - per hr. $ 150.00 $ 125.00 $ 110.00 $ 150.00
Irrication Svstem Review - per hr. $ 100.00 $ 75.00 $ 55.00 $ 75.00
Travel time - erhr. $ 125.00 $ 95.00 $ 35.00 $ 45.00
Landscsoe Laborar - per hr. $ 35.00 $ 40.00 $ 35.00 $ 35.00
Truck Oosraror Class B or hioher cu,",nt State of Florida Driver Llcense!- osr hr. $ 85.00 $ 75.00 $ 75.00 $ 85.00
SUBCONTRACTORS TO BE USED: (In no instance may subcontractor(s) perfonn more than
49% of the Total Bid amount)
Name Soravlna) In House In-House In-House In-House
Phone: 643-6205 352-6000 732-4624 821-3472
Name (Irriaation In House In-House In-House In-House
Phone: 643-6205 352-6000 732-4624 821·3472
Name: Sweeping In House Commercial Vac Hi-Tach Precision
Phone: 643-6205 590-6500 514-3388 597-2525
Documentation enclosed:
Copy of cu,",nt Landscape Contracto~s License and Irrigation Contracto~s License or
Unlim~ed Landscape Contracto~s License. (YIN) y Y Y Y
Verification of cu,",nt projects in landscaping maintenance businass (YIN) Y Y Y Y
List of ownad and lor leased eauioment ('(IN) Y Y Y Y
Documentation of minimum thrae (3) years experience within Southwest Florida (Y/N) Y Y Y Y
Photo and/or manufacture~s brochure with specifications of street sweeping eQuipment
provided. (YIN) Y Y Y Y
Proof of M.O.T. Certification rvlN\ Y Y Y Y
The name and IRS W-4 Ionn of the firm's nualifvinn Emolovee ('(IN y Y Y Y
Addendum Received ('(IN Y Y Y Y
Anent: Brenda Brilhart
Witness: Sue Hebbe
~Mandatorv Pre-Bid Y Y Y Y
11 of11
Agenda Item No. 1683
February 8, 2005
Page 1 of 16
EXECUTIVE SUMMARY
._.
Recommendation to approve an agreement for the conveyance of right-of-way
required for the construction of improvements to Rattlesnake Hammock Road
between Polly Avenue and Collier Boulevard, in exchange for removing the existing
entrance and constructing a new entrance and driveway for the District School
Board of Collier County, Florida's Bus Facility at 6543 Rattlesnake Hammock
Road (Project No. 60169). Estimated Fiscal Impact: $180,762.00
OBJECTIVE: To obtain the right-of-way required for the construction of four-lane
improvements (within a six-lane configuration) to Rattlesnake Hammock Road from the District
School Board of Collier County, Florida ("the School Board"), and to approve the removal of
the existing entrance and the construction of a new entrance and driveway for the School
Board's Bus Facility at 6543 Rattlesnake Hammock Road.
r--
CONSIDERATIONS: On October 28, 2003 the Board of County Commissioners approved
the acquisition of the above right-of-way (Gift and Purchase Resolution No. 2003-371 dated
October 28,2003). Construction of the road improvements is scheduled to commence later this
year. The School Board intends to develop the vacant property adjacent to its Bus Facility at
some time in the future, at which time the existing entrance and driveway would be relocated.
This proposed development is not in the School Board's five-year fiscal plan. For safety
reasons, it is desirable to relocate the Bus Facility's entrance and driveway simultaneously with
construction of the road improvements. This work will be done in lieu of compensation for the
acquisition of the right-of-way.
The value of the right-of-way has been estimated by a County approved appraiser at $82,800.00.
The cost of removing the existing entrance and constructing a new entrance and driveway has
been estimated by staff to be $180,657.00, excluding the costs of wetland mitigation, which will
be paid by the School Board. If the entrance and driveway were to remain in their present
location, the cost to County would be approximately $122,800.00 ($82,800.00 to purchase the
right-of-way plus the cost of curb improvements, estimated by staff to be $40,000.00). The
additional cost to County of $57,857.00 is warranted by safety considerations, the mutual
benefit to both parties, and the resulting spirit of cooperation which will be carried forward to
future projects involving the School Board.
The attached agreement is as yet unsigned by the School Board, as its representatives are
simultaneously seeking the School Board's approval of the agreement.
FISCAL IMPACT: Funds in the amount of $180,762.00 are budgeted in the Transportation
Supported Gas Tax Fund and the Impact Fee Funds. This amount includes recording fees of
$105.00. Source of funds are gas taxes and impact fees.
r--
GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement
Element, the construction of four-lane improvements (within a six-lane footprint for future
expansion) on Rattlesnake Hammock Road, this agreement is consistent with the Collier County
Growth Management Plan.
,.._~,,~._-,..~,"----~'"'-'"'>'-"-""--'-~~-
,.....'<"'.,.".".;-.....,-....,.-'"',,,.."..
Agenda Item No. 1683
February 8,2005
Page 2 of 16
~
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Authorize its Chairman to execute the agreement on behalf of the Board;
2. Authorize staff to close the real estate transaction, and to record the conveyance
instruments and any curative instruments in the Public Records of Collier County,
Florida;
3. Accept the right-of-way instruments; and
4. Authorize any and all budget amendments which may be required to carry out the will of
the Board.
PREPARED BY: Robert Bosch: Property Acquisition Specialist, TECM - Right-of-Way
Acquisition
~
,.--
Item Number
Item summary
Meeting Date
Agenda Item Nt.). 1683
F~bruary 8. 2005
P;:'ige 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1663
Re.commendation to approve <In agre<'!mp,nt. for Ihe conv!').yaIKF.: ot' righhlf·way reQuired for
the construction of improvernenl5 10 Rßitie5nake Hammock RO¡1d between Polly AVer!\¡e and
Collier Boull"varJ, in CX(;haflg~ ¡or removing the- ~xis1ing entranCé and constructing a new
entrnnç~ and driv~way for thl'! Oi51ri('1 School Bonrd of Collier County, Florida's BU"; Fndlilv .:11
6543 Rattiesnake HlmrTIock ROß.d (Project No. 60Hi9). Estim:a;ed Fi:<;c.,allrnpact:
$180.:'62,QO
2/8/2005 £0:00:00 AM
Robert Bo~ch
Prop\}rty Acquisition Specialist
1/:¿1I2UOS 2: '18:33 PM
Prepared By
lrilll$p(lriir.. '1SNllt.::ati
Date
r,"m!l.pOf~;!;ti()1I En9hw~ritlg anI:!
(;(on.'$.tnic;1:ion
Gary Putaansl1u
Se-nior Projec.t M.iin"ger
Da\e
Approved By
l' fan~p:Jt1i()fI S~fvi :es
Transþortatiùn Engineering :md
C¡Hlfitr\Ji:1.ion
1/24n005 ï:4i' AM
Approved By
PnnC1p,J\ PrÇljf~('.t M.;I:"a~(:r
f);afC!
f.ugmH:" C"i\l~rt
Trarl6p",rhlt!OnS St:rvkeli
Tral\:-;µOftahol1 ï:::ngineering .anlj
CCln.$Üu¡:tiotl Mun ,JgfHnttnt
1;2412005 8:23 AM
1..1$;. Tayln!
M<lf ¡¡9Nn~I\1 ißudgd Analy!Ci
Oa~Q:
Approved By
TrJl1$.þortion Servicr>s.
Tra'~£pOf1at¡on Administration
lI:i'}jl;:>OOS 1 :47 pp...
Ke"in H(!'J1d"icka
Right Of 'ÿ"Jay At:quisihon I.¡\:mager
Date
Approved By
Tratlsporti<u., S¡~rviçe,:;:
Tr;¡l1$p!)ti;¡tion ED{ ¡!\(H:rif1!1 ;Jf1d
Gonstru;;tiol1
1/25n0t1S 4..1 1 PM
5hllron !I.If'!Wmill1
Acc:clInting Sup~rvi$nr
Da.te
Approved By
lril'l1iporlk, '1 8N,,¡c.fHi
T raf1$pOrliltiðn Adminmtraliuf)
1/2f.i/2fJOS .3;26 PM
~4orm E, h!<!oer. A!CP
Tr;¡i1r;þl)rH!tl~~n Oivi$ìoi1 AdlT!.nlr.hcJot
O.'11~
Approved By
Tu.nsportion Ser\fice~
rrJln$pL\rtafiDn SerJice" Adm;r1.
1!27í20U5 8:37 AM
Pat lehnhard
E'X'ecLltlllC! Secretary
l);¡{e
Approved By
Tra,I'I5portatioll Setllll;C!i';.
Tr.;¡n~¡,){)'t,11'()tI Ser\,l. ;eSó Admlf'1
11Z7JZ0t1S 9.41 AM
OMB (':()()rd,t¡¡;I~"r
AdfY'tiO!~;tu.live A5tiilit"n1
Date
Approved By
Cuunty Mau¡¡g<tr's Ot1k....
Office of M;!:n¡¡~of:n..':nt /I:. Budget
1/2"/200512:50 PM
M~fk Isackson
Budg~t An#lyd
O¡Jt~
Approved By
County M.'tnilge/5 Office
OHk.f.' of M;milg~ment & fhldget
111.8:1005 f.\:4[, AM
Approved By
Sß!'1ior Manag(,lTIr!ntEBud{ rit An.llY5t
[J,lt(?
5.15.111 Ush~r
County M.an;¡ye"~ D1fÜ,:e
Oftlce 01 Man;tg~ment./3.; Bud(J~t
1!31í2005 12:27 PM
MH~h"l:),l St'nykuws;ki
MlInagarrHm~ & Butigl!t Oìti~t:tor
Date
Approved By
CoUt)ty Manager's. Ottiç.e
Ot1ice: of MtU1sgement 8. Budget
1131!200~ 4:46 PM
Jaf¡leS V. Mucid
County MtU1¡)ger
Date
Approved By
H1),ud or Goun\y
C('!tTlmis,s.io!11'!'f5
(':o;,mty M:JI1.ftg~r·g Offk,c
11:)1/20056:34 PM
PROJECT: Rattlesnake Hammock Road
PARCELS NO: 120, 720-A, 720-B, 121 and 721
FOLIOS NO: 00432720000 and 00432880005
Agenda Item No. 1683
February 8,2005
Page 4 of 16
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this _ day of , 2005, by and between THE DISTRICT
SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, a public agency of the State of
Florida, whose mailing address is 5775 Osceola Trail, Naples, FL 34109 (hereinafter referred
to as "Owner"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to County a fee simple interest
over, under, upon and across the lands identified as Parcels 120 and 121, and more
particularly described in Exhibit "A", which is attached hereto and made a part hereof
(hereinafter referred to as the "Property"); and
WHEREAS, in lieu of compensation, Owner has requested that County remove the
existing entrance and construct a new entrance and driveway for Owner's Bus Facility
situated at 6543 Rattlesnake Hammock Road, as generally depicted by the Drawing attached
hereto as Exhibit "B" and made a part of this Agreement (hereinafter referred to as " the
Work"); and
WHEREAS, Owner has agreed to grant to County Temporary Construction Easements
over. under, upon and across the lands described in Exhibit "C", which is attached hereto and
made a part of this Agreement (hereinafter collectively referred to as "Temporary
Construction Easements" or "TCEs") in order that County may remove the existing entrance
and construct the new entrance and driveway; and
WHEREAS, in recognition of the mutual benefits to be obtained, Owner desires to
convey the Property to the County for the stated purposes, and County desires to carry out
the Work, on the terms and conditions set forth herein, said terms including that no
compensation shall be due and payable for the Property or for the Work.
NOW, THEREFORE, in consideration of these premises, payment of the sum of Ten
Dollars ($10.00) by County, and other good and valuable consideration, the receipt and
sufficiency of which is hereby mutually acknowledged, it is agreed by and between the
parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below, and all Exhibits referenced herein are
made a part of this Agreement.
2. Owner shall convey good and marketable title to the Property and shall grant the
Temporary Construction Easements to County, in a form acceptable to County and at
no cost to the County, unless otherwise stated herein. Said conveyance (Owner's
delivery to County of a properly executed Warranty Deed in respect of the fee simple
interests and a properly executed easement instrument in respect to the Temporary
Construction Easements to be acquired) is hereinafter referred to as the "Closing."
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their
Agenda Item No. 1683
February 8, 2005
Page 2 Page 5 of 16
recording in the public records of Collier County, Florida. Owner shall provide such
instruments, properly executed, to County on or before the date of Closing.
4. Time is of the essence, and Closing shall occur within sixty (60) days from the date
County executes this Agreement; provided, however. that County shall have the
unilateral right to extend the term of this Agreement pending receipt of such
instruments. properly executed, which either remove, release or subordinate any and
all such liens, encumbrances or qualifications affecting County's enjoyment of the
Property or Temporary Construction Easements.
5. Owner represents that the Property and the TCEs and all uses of the same have been
and presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred on
the Property or the TCEs except as specifically disclosed to the County; that the Owner
has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property and TCEs to be conveyed to the County,
that the Owner has not received notice and otherwise has no knowledge of a) any spill
on the Property or TCEs, b) any existing or threatened environmental lien against the
Property or TCEs or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances on the
Property or TCEs.
6. To the extent permitted by law, Owner shall indemnify, defend, save and hold harmless
the County against and from, and shall reimburse the County with respect to, any and
all damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of court, in
bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by
or asserted against the County by reason or arising out of the breach of Owner's
representation under Section 5. This provision shall survive Closing and is not deemed
satisfied by conveyance of title.
7. County shall pay all fees to record any curative instruments required to clear title, all
recording fees, and any and all costs and/or fees associated with securing and
recording a Release or Subordination of any mortgage, lien or other encumbrance
recorded against the Property and the Temporary Construction Easements; provided.
however, that any compensation and/or attorney's fees required by any lien or
judgment holders to secure releases or satisfactions, shall be the responsibility of the
Owner.
8. County shall carry out the Work at its own expense, except as otherwise stated herein,
as part of the expansion of Rattlesnake Hammock Road (Collier County Project No.
60169) (hereinafter referred to as "the Project") and within the confines of the TCEs
described in Exhibit "C." The Work will include construction of an access drive as
generally depicted in Exhibit "B," extending no more than 525 feet southerly from the
northern boundary of Parcels 120 and 121 (the Property) and providing two separate
entrances to the employee and maintenance parking areas. In constructing the new
driveway connection, County agrees to replicate the Owner's existing entrance. Prior
to commencement of the Work, County will be responsible for obtaining a modification
to Owner's existing South Florida Water Management District permit for construction of
the Work and may include, as part of the permit modification, any development
proposed and designed by the Owner of an existing wetland area located to the south
of the Bus Facility (hereinafter "additional site developmenf'). Provided, however, that
Owner shall bear any design costs associated with this additional site development and
all costs of any wetland mitigation imposed by South Florida Water Management
District as a result of the Work and the additional site development. County shall pay
the permitting fees and the construction costs for the Work only and will have no
responsibility regarding any additional site development. The parties recognize that in
the event the Owner wishes to include the additional site development as part of the
SFWMD permit modification, coordination between the parties is critical to avoid
unnecessary delays in the permit submittal and thereby avoid delays in
commencement of the Work. County will not be responsible for any delays brought
about by Owner's failure to submit proposed plans for additional site development as
Agenda Item No. 1683
February 8, 2005
Page 3 Page 6 of 16
requested by County. The County agrees further to coordinate all design, construction
and permitting efforts relating to the Work to the fullest extent possible and will
cooperate with Owner regarding the design specifications of the Wor
g, To the fullest extent permitted by law, County shall indemnify, defend, save and hold
harmless Owner. Owner's officers, agents, invitees, guests and/or employees from and
against any construction liens, suits, demands, claims, liability, losses, penalties,
damages, judgments, orders, decrees, and costs and expenses (including attorneys'
fees and a/l costs of litigation) for property damage, construction lien, liability, or death
which may result from or arise out of any willful misconduct or negligent act of County
which occurred or is alleged to have occurred with respect County's use of the
Temporary Construction Easements. This indemnification provision shall not be
construed as a waiver of sovereign immunity or any limitation of liability to which
County may be entitled under Section 768.28, Fla, Stat. This provision shall survive
Closing and shall not be deemed satisfied upon conveyance of title.
10. County or its agents will provide Owner with at least ten days' advance, written notice
of commencement of the Work, which notice shall identify the work to be done and the
estimated number of weeks to complete the Construction Works.
11. The 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 District School Board of Collier County, Florida. This Agreement shall be effective
as of the date of the last party's execution.
12, This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors. successor trustees, and/or assignees, whenever the
context so requires or admits.
13. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written
or oral agreements, undertakings, promises, warranties, or covenants not contained
herein.
14. This Agreement is governed and construed in accordance with the laws of the State of
Florida
15. This Agreement may be executed by both parties in counterparts, each of which shall be
deemed an original, but all of such counterparts taken together shall constitute one and
the same Agreement.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY:
Fred W. Coyle, Chairman
AS TO OWNER:
Agenda Item No. 1683
February 8, 2005
Page 4 Page 7 of 16
THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY
BY:
ATTEST:
Patricia J. Carroll, Chairman
Raymond J. Baker, Superintendent
,-
Approved as to form and
legal sufficiency:
æ-{,¿ \.:(~
~ Éllen . Chadwell
Assistant County Attorney
"---
Agenda Item No. 1683
February 8,2005
Page 8 of 16
SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCfL NO. ~
PROPERTY OWNER: SCHOOL BOARD Of" COI.lIfR
COUN Tr
RfFERENC£: O.R 2~09 po. 1073
STRAP NO.: ~02S220C5.000~B22
AREA OF TA/(f; JllS SO rr
AREA OF REMAINDER: xxX)( SO. FT ±
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LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
DESCRIPTION: PARCEL 120.
CLIENT: COLLIER COUNTY TRANSPORTATION DlVlsrON
1/15/0<4
BY:
5606
SCALE: 1". ~ AO'
DRAWN 8Y;~
ACAD NO: 8668 505
Agenda Item No. 1683
February 8, 2005
Page 9 of 16
SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUN TY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 120
ALL THAT PART OF THE SCHOOL BOARD OF COLLIER COUNTY, PROPERTY AS
OESCRIBED IN OFFICIAL RECORDS BOOK 2209 PAGE 1073 PUBLIC RECORDS OF
COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHERLY 25.00 FEET OF THE SCHOOL BOARD OF COLLIER COUNTY.
PROPERTY BEING THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER
COUNTY FLORIDA LESS THE NORTHERLY 50.00 FEET FOR RATTLESNAKE HAMMOCK
ROAD RIGHT OF WAY;
CONTAINING 7629 SQUARE FEET OF LAND MORE OR LESS;
FEE SIMPLE
INTERES1'
EXHIBIT A
Pagel J.. of...ll-
FOLIO NO. <:)0'+ ?Ç;l.f7c? /)(X)(J
LEGAL DESCRIPTION AND SKETCH SHEET 2' OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 120
CLIENT: COLUER COUNTY R SPORTATION OIVlSION
1/15/04
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101_ ~=.;... ::..:~:: :~ =:t._. ~.:t"I. ß 1= l::l=::
BY:
GEOR E W. HACKNEY. .S.M. NO. 5606
SCALE: NT S DAT£:SEPT 26 2003
DRAWN 9,,(:~ PROJECT NO.:~
ACAD NO: B668 5DS FILE NO: B668
_" ____m..___..._____
Agenda Item No. 1683
February 8, 2005
Page 10 of 16
SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY. FLORIDA
PARCEL NO. 121
PROPERTY OWNm: .sCHOOL BOARO OF COLlIFR
COUNTY
REFERENCE: O,R 2835. ~G 2~O
STRAP NO.: ~02e22010 0005B22
AREA OF TAKE: 0231 ACRES
AREA OF REMAINDER: X.XX ACRES "'
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THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 121
CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION
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G DEW. HACKNEY. .S.M. NO. 5606
SCALE: 1" 3 80' ,DATE: SEPT 76 2003
DRAWN BY:---->lMi PROJECT NO.:~
ACAD NO: 8668 SD6 FILE NO: 855 B
,
Agenda Item No. f' 683
February 8, 005
Page 11 f 16
SECTION 22, TOWNSHIP 50 SOUTH. RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 121
All THAT PART OF THE SCHOOL BOARD OF COLLIER COUNTY, PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 2835 PAGE 2460 PUBLIC RECORDS OF
COLLIER COUNTY FLORIDA BEING MORE PARllCULARL Y DESCRIBED AS FOLLOWS:
THE NORTHERL.Y 25.00 FEET DF THE SCHOOL BOARD OF COWER COUNTY.
PROPERTY 6EING THE WEST 400.00 FEET OF THE NORTHEAST 1 fit OF THE
NORTHWEST 1/4 OF SECTION 22. TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER
COUNTY FLORIDA LESS THE NOR1HERL Y 50,00 FEET FOR RATTLESNAKE HAMMOCK
ROAD RIGHT OF WAY;
CONTAINING 0.231 OF AN ACRES OF LANa MORE OR LESS:
EXHIBIT Ð.
Page-i-ãf ''I
FEE SIMPlE
INTEREST
FOLIO NO. OrH'?::,;;J!Se (i(1{15-
LEGAL DESCRIPTION AND SKETCH SHEET 2' OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED 8Y: DESCRIPTION: PARCEL 121
..... CLIENT: COLLIER COUNTY TR
....
....
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Profu.~ot181 enllnnn, p~lU1nn., It le.nd. I'\u""ygn
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1/15/0'"
BY:
EaR
SCALE: N T 5
DRAWN BY:->Wi
ACAD NO:8668-SD6
DATE: SEPT 26 2QQ.l
PROJECT NO.:~
FllE. NO: 8665
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Page f of
-
Agenda Item No. 1683
February 8, 2005
~d!:Jt:: 12 vf16
SECTION 22,
COLLIER COUN TY,
TOWNSHIP 50 SOUTH. RANGE 26 EAST
FLORIDA
PARC[l NO. 2¡C}-" "NO 720-B
PROPERTY OWNER: SCHOOL BOIIRQ Of COWER
COUNTY
REFERENCE: O.R. 2209 Pc. 11~J
STRAP NO.: :ï92u,ooa DOO~~~
246+00 2.8+0"
SECTION 15. TO'M>ISHIP 50 SOOTH. RANGE 26 EAST
FUWRE DEYaOPMENT D.E., /,f.E.. oft A.E.
NAPLES LAKES COUN my CLUB
PLAT BOOK JJ. PAGES 1 THRU 15
TSI/NAPLES UM/TED PARTNERSHIP
SlIMP, 5011800 ro 'SIllS 250+00
Agenda Item No. 16B3
February 8, 2005
Page 13 of 16
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- ---- t ---"'\.:£J:rS'FIHG...ø.w.
RAmE$NIoKE HAMMOCK /fOAl} (C.R. 88.) (100' R.O.W.)
""'II< ,IHC Of see_ II.
,."". '0 I., If«. 21 .£ StJIIt\€''f MJÐ..W£ AHO KCØQII UNC
H "4I'J.4~ r 111.'
N .",'".,-, .1P7.JIII I N.OR'" LM Of" S[C~ U. ¡
P.D.C. ]ill! I nop. 50" lICE. :If f. I
STA 237+155.58 ¡; i äiil 11)8
MMJfflW:tr IIXIRNÐ! lJF s£clKlN u·... IJ! EJOS......lLo.W. ~I.,¡
"8 PARCEL "9 ~ PARCEL 120
J! ,.,.Ø"ØIID ILU. ~DM)S[þ "-~...
P.D.8. I .....34- W 12.:1.10
~ P~:"Cflm ~&:A
(IUD ,.r. ") ~
FlORENCE 8. Ross. mUST SCHOOL 80ARD OF' COl/../ER COUNTY hI
D.R. BOOK 7711. PAGE '-f8 D.R. BOOK 2209, PAGE '01J
STRAP # 502622002.00"922 STIIA" , 502522006.000",2
I.&..WII& ~ PARCEL 720-8 ~t
I.¥ LI jI J ~ # - -- ~sJ·1.f ~ ~~i
u '''00 $ 1741'1of- W LI:Jl 2dM S '7~J<· W
U Jo.oo S 0.21,'2'· £ un .t4.H .s J:rU',JI" [
u 50.00 H .1'-4".1".- £ L.~JJ :r...., S o.I12"J· W-
U JU" Nan""" W LjJ.. ,..n NH.....'....·.. ~~..
.. .,,"" Ji D.a1f'211" E' UJS ..... 5 tJ.n!·...'· IV
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CIl IJ'2'~7' 7Q.øO 11.14 J'.II H .....,.... í
SECTION 22. TOWNSHIP 50 SOUTH. RANGE 26 EAST
TEMPORARY
UCTION EASEMENT
"XII" _ or __r_....
OF _"'110' ""Nln'II
Sl.C»GH 22, nIP. 50 5.. 11«. " C.
--
P.O.C.
P.O.B.
R.O.W.
POINT OF COMMENCMENT
POINT OF BEGINNING
RIGHT-Of-WAY
LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
THIS LEG",L DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCELS 720-A AND 720-8
CLIENT: COLLIER COUNTY TRANSPORTAT10N DIVISION
"
: RUNI>AGE._
p...81n"lDna~ tm,m..n, pla.an..... Ie \aDd .","",.,rao
~ 1»....,. ~ .... "It ,...... trloU" ...... ....._ rL ilL_ m"Ult7-UH
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DRAWN BY:-->IA!i
ACAD NO:B672-SD6
5606
DATE; OCT 2 20QJ
PROJECT NO.;~
FILE NO: 8672
Agenda Item No. ,1683
February 8, 2005
Page 14 of 16
SECTION 22. TOWNSHIP 50 SOUTH. RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTiON Of T.C.E. PARCELS
ALL THAT PART OF THE NORm 1/2 OF THE NORTHWEST 1/4 OF SECTION 22. TOWNSHIP 50 SOU1H.
RANGE 26 EAST, COLLIER COUNTY, FLORIDA LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R.
864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 720-A
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22.;
THENCE NORTH 87"48'34" EAST ALONG THE NORTH LINE OF SAID SECTION AND THE SURVEY BASELINE
OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 377.99 FEET;
THENCE SOUTH 2'11'26" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
SAID RATTLESNAKE HAMMOCK ROAD;
THENCE CONTINUE SOUTH 2'11'26" EAST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING OF
THE PARCEL HEREiN BEING DESCRIBED; .
THENCE CONTINUE SOUTH 2'11'26" EAST A DISTANCE OF 30.00 FEET;
THENCE NORTH 67"48'34" EAST ALONG A LINE 55.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID
RIGHT OF WAY LINE A DISTANCE OF 55.00 FEET;
THENCE LEAVING SAID LINE NORTH 2"11'26" \'vEST A DISTANCE OF 30.00 FEET;
TfiENCE SOUTH 67'46'.34" WEST ALONG A LINE 25.00 FEET SOUTHERLY OF AND PARALLEL W/11-i SAID
RIGHT OF WAY LINE A DlSTANCE OF 55.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED; EXHIBIT 0-
Page 1. :.õl!:
CONTAINING 1,650 SQUARE FEET OF LAND MORE OR LESS;
AND
PARCEL 720-8
ALL THAT PART OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 22. TOWNSHIP 50 SOUTH,
RANGE 26 EAST. COLLIER COUNTY. FLORIDA LYING SOUTHERLY OF RATILESNAKE HAMMOCK ROAD (C.R.
664) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22;
THENCE NORTH 87'48'34" EAST ALONG THE NORTH LINE OF SAID SECTION AND THE SURVEY BASElINE
OF RATTLESNAKE HAMMOCK ROAD (C.R. 664) (100' R.O.W.) A DISTANCE OF 1215.04 FEET;
THENCE LEAVING SAID NORTH LINE AND SAID SURVEY BASELINE SOUTH 2"11'26" EAST A DISTANCE OF
50.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD AND THE
NORTHEASTERL Y CORNER OF THE OF THE SCHOOL BOARD OF COLLIER COUNTY PROPERTY AS DESCRIBED
IN OFFICIAL RECORDS BOOK 2209, PAGE 1073. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA;
THENCE SOUTH 3"12'23" WEST ALONG THE EASTERLY BOUNDARY OF THE ABOVE MENTIONED PROPERTY
A DISTANCE OF 25.11 FEEl 10 THE POINT OF BEGINNiNG QF THE PARCEL HEREIN BEING DESCRIBED;
THENCE SOUTH 87'46'.34" WEST ALONG A LINE 25.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE
AFOREMENTIONED RIGHT OF WAY LINE A DISTANCE OF 20.36 FEET;
THENCE LEAVING SAID LINE SOUTH 2713'53" EAST A DISTANCE OF 20_26 FEET;
THENCE SOUTH .3'12'23" WEST A DISTANCE OF 74.51 FEET;
THENCE NORTH 86'44'48" WEST A DISTANCE OF 24.89 FEET;
THENCE SOUTH 3'15'49" WEST A DISTANCE OF 44.00 FEET;
THENCE SOUTH 86"44'48" EAST A DISTANCE OF 24.93 FEET;
THENCE SOUTH 3"12'23" WEST A DISTANCE OF 289.09 FEET;
THENCE NORTH 86'47'37" WEST A DISTANCE OF 46.18 FEET;
THENCE NORTH 0315'12" EAST A DISTANCE OF 30.01 FEET;
THENCE NORTH 86'44'46" WEST A DISTANCE OF 30.00 FEET;
THENCE SOUTH 3'15'12" WEST A DISTANCE OF 104.00 FEET;
THENCE SOUTH 86"44'48" EAST A DISTANCE OF 30.00 FEET;
THENCE NORTH 315"2" EAST A DISTANCE OF 21.99 FEET;
THENCE SOUTH 86'47"37" EAST A DISTANCE OF 40.22 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 70.00 FEET; ,
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'12'47" AN ARC
DISTANCE OF 16.14 FEET TO AN INTERSECTION WITt-! THE EASTERLY UNE OF THE AFOREMENTIONED
PROPERTY;
THENCE NORTH 3'12'23" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 1249.08 FEET TO THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
TEMPORARY
CONSTRucTION EASEMENT
CONTAINING 11,489 SQUARE FEET OF LAND MORE OR LESS;
LEGAL DESCRIPTJON AND SKETCH SHEET 2 OF 2
THIS LEGAL DESCRIPllON AND SKETCH PREPARED BY: DESCRIPTION: PARCELS 72G-A AND 720-8
CliENT: COLLIER COUNTY TRANSPORTATJON DIVISION
1 15/04
12/06/04
EY. P.
DATE: OCT 2 2003
PROJECT NO.;~
FILE NO: 8672
NOLI
RBER "-
.....: aUNDAQE,__
Pco,.,.lo¡¡a1 .Dlm....., plllllD.llr&. lie JaDd lul'Ytlyan
=-:MIIIC;:~ ::: ~ ~= = ~ ~~"==:::::.-: !::~=-~::1::
1:MUAa.u.. ., hUa~ ...... œ .... _ .1 ..... 'u:. (NI-_-aøl
BY:
GEO GE . HA
SCALE: N T.S
DRAWN BY:---.JAri
ACAD NO:6672 SD§
SECTION 22,
COLLIER COUN TY,
TOWNSHIP 50 SOUTH, RANGE 26 EAST
FLORIDA
PARCEL NO. 7~1
PRoPERTY OWNER: 591001. SOARD Of COlliER
COIINTY
REFERENCE: Q L' 183~ pc¡ ~480
STRAP NO.: ~028~2D10 DOO!'JI!I22
FUTURE Df'm-OP/,fE:NT D.E., /,f.E. ~ A.E.
NAPLES LAKES COUN1RY CLUB
PI..4T BOOK D. PJ¡(;ES 7 1HIW IS
T81/NAP/.ES UMITED PAR1Nf:RSHIP
Smv' I 5OtI000 FD 111815
250+00
2~ 6+00 2oUJ+OO
SéCTlON IS. TOWNSHIP 50 SOU1H, RANGé 26 £AST
Agenda Item No. 1683
February 8, 2005
Page150f16
~~
N.....
1 ~
U ~
-}----------I-N~----
IS' /!ßEItYl1l fOR RAI'ILß>W<E HAI/tIOCK 110... .....1 or Ion AGUSlIKW Ir COONrr _1
S1A1011'1J "Ns&I'
- ---- ---~~.;IIf.---- ------------
RATTI.£SHAKE HAAUoIOCK ROAD (CoR. 864) (100' R.O.W.)
iOllJ'H UI'IE CF stCPaN '..
IW'. JO 5.. ~G(. 25 £.
N r.u¡'J"- £ . I
P.O.CO
51" 2.37+611.58
IIII:IIITHMlDf t;QIINI1I' ΠJl'CDtW n
HMfPf UHf CF SECJJOH zz.
1W', AO $.~ RG£. .H £.
tmDHG 11.0....
--¡ PARŒL 119
MOPostD ..0. W.
PARŒL 720-A
'AØ'OSf!> n.l.
FLOR~C£ S. ROSS. mUST
D.R. BOOK 778. PAGE: 11-48
STRAP I 5021522002.00151122
SCHOOl.. BOARD OF COWER COUNTY
O.R. BOOK 2209, PAGE: l07J
STRAP I 502onoœ.OOOMJU
PARCEL 720-8
~1.C::I:
~
1M" I.fHII1I1 _
1.1 5D.QQ s ønr'Z'· ("
LI .14." S On2'.IJ- w
"'of' ra..ø,2 H Q,nZ'2.r f"
U~. .s'..4~ IJ r.'It2'ø7- ('
Lur 101.2' H DJU'U'" C
lH·& ....II sIr...',,,· M'
~
.uw .œua ~ .. ..QIŒItJ rJolI'W'I 1I~.tfNor£l'
C,J 7,·..rJ)" 7Ø.DO ,3." n," N "'''35'11- r
EXHIBIT ,c..
Page_3__o.f.. ~;h..
SECTION 22, TOWNSHIP 50 sOllm. RANGE: 26 éAST
SOUfN tINE OF NOIIltnlØr QUAlimt
QF ftIQIfftj.sr DUM1Ðt
ItCncw IZ. fIp. ICI s... HE. II [,
P.O.C.
P.O.B,
R.O.W.
POINT OF COMMENCMENT
POINT Of BEGINNING
RIGHT-OF-WAY
LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 721
CUENT: COLUER COUNTY mANSP TATION DIVISION
SOL/lHlII'sr CQRHl1t OF
HOIUH[,dr 0UNI7ÐI OF
'" HOR1HKST QlMJEfI'
s£cnOH u. nIP. ICJ S. Rf¡C. ,. It.
BY:
~
~¡
~il
~~¡
~~..
161r>~
3~1i)
~ô
£í ..,
~I!!:
II.;
;;:
lriEl:
~;~
l!I~
i Ñ
L
.. DAGE._
pror...1O.Dal ..pnun, ,.i.llutln, II: laD-II '\tn8IJon
c.a&. 0'...... IUY .., Mil ,~ 'b.... M.... ..,..., ... "IDe m'æ..II.U
"" c-.,-. hKIt .IL. 11.. ~.....c. ,....,.... ... IIHI 1 y-uu
e.uø..y ., ............. .... g "'" ... II ." :r.. 'f1 ..__
GEORG W. ACKNEY, P.S.M. NO. 5606
SCALE: I" - 80' DATE: DEC 14. 200....
DRAWN 8Y:~ PROJECT NO.;~
ACAD NO:8672-S029 FILE NO: 8672
_....-
SE.CTlON 22,
TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
Agenda Item No. 11683
February 8, 2005
Page 16jOf 16
I
I
I
I
¡
LEGAL DESCRIPTION OF PARCEL 721
A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COUlER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTlON 22;
THENCE NORTH 67"48'34" EAST ALONG THE NORTH LINE OF SAID SECTION
AND THE SURVEY BASELINE OF RATILESNAKE HAMMOCK ROAD (CR. 684)
(100' R.O.W.) A DISTANCE OF 1215.04 FEET;
THENCE LEAVING SAID NORTH LINE AND SAID SURVEY 8ASEUNE SOUTI-I
21"26" EAST A DISTANCE OF 50,00 FEET TO THE SOUTHERLy RIGHT OF
WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD AND THE
NORTHWESTERLY CORNER OF THE PROPERTY OF THE SCHOOL BOARD OF
COLLIER COUNTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 2B35, PAGE
2460, OF THE PUBLIC RECORDS OF COlliER COUNTY flORIDA;
THENCE SOUTH 3'12'23" WEST ALONG THE WESTERLY BOUNDARY OF THE
ABOVE MENTIONED PROPERTY A DISTANCE OF 25.11 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING SOUTI1 3'12'23" WEST ALONG SAID WESTERLY
BOUNDARY A DISTANCE OF 1249.08 FEET TO AN INTERSECTION WITH THE
ARC OF A NON-TANGENT CURVE CONCAVE NORTI1WESTERL Y AND WHOSE
RADIUS POINT BEARS NORTH 10'00'24" WEST A DISTANCE OF 70.00 FEET;
THENCE EASTERLY NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF
SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 76'47'13" AN
ARC DISTANCE OF 93.81 FEET;
THENCE NORTH 3"12'23" EAST A DISTANCE OF 159.02 FEET;
THENCE NORTH 16'<1-2'07" EAST A DISTANCE Of 51.<1-2 FEET;
THENCE NORTH 3'12'23" EAST A DISTANCE OF 206.21 FEET;
THENCE SOUTI1 87'<1-8'34" WEST ALONG A LINE 25.00 FEET SOUTHERLY
FROM AND PARALLEL WITH THE SOUTHERLY RIGHT OF WAY OF SAID
RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 66.29 FEET TO THE POINT
OF BEGINNING OF THE PARCEL I-IERElN DESCRIBED;
CONTAINING 0.636 ACRES OF LAND. MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
EXHIBIT C
Page if of q
--. ~ ~
TEMPORARy
CONSTRUCT1ON EASEMENT
LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION; PARCEl 721
::11- CLIENT: COLLIER COUNTY TR
....
.....
.....
.....
......
==JI:I RUNDAGE,-a.
PJlO/~ ....tn..r.. pl.DDU_. . land .ut"ftJQr.
c.mu 0..... ..,.. ..... 'aa ......... TMII:I, ....., If...... n. NLN (HU"'..111.1
¥I :.=... ~:.:: ::.~ .w::...... ~I~ II. a;: ~::~=~
BY:
E G HACKNEY. P.5.M. NO, 5606
SCALE: N T S DA TE:: DoC 14 2004
DRAWN B'I':--..Jð!i PROJECT NQ.;~
ACAD NO: B672-5D29 FILE NO: 1\672
Agenda Item No. 16C1
February 8, 2005
Page 1 of6
.~
EXECUTIVE SUMMARY
Recommendation to approve Satisfactions of Lien documents filed against real
property for abatement of nuisance and direct the Clerk of Courts to record same
in the public records of Collier County, Florida. Fiscal impact is $30.00 to record
the Satisfactions of Uen.
OBJECTIVE: Approve the satisfactions of lien documents filed against real property for
abatement of nuisance and direct the Clerk of Courts to record same in the public
records of Collier County, Florida.
CONSIDERATION: Authorize the filing of satisfactions of lien, for previously recorded
liens that have subsequently been paid.
SEE ATTACHED EXHIBIT "A"
.,--
Said Liens were recorded in Official Record Book of the Public Records of Collier
County, Florida. The owners of said properties have paid to the Board of County
Commissioners sums representing full payment of principal and interest due. Collier
County has verified that said Liens have been satisfied and now requests Satisfaction of
Lien documents and order the Clerk of Courts to record same in the public Records of
..Collier County, Florida.
FISCAL IMPACT: Recording the Satisfactions of Lien is approximately $30.00 and will
be charged to MSTD General Fund (111) - Code Enforcement Admin.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: That the Board of County Commissioners authorize the
Chairman to execute the attached Satisfactions of Lien documents filed against real
property for abatement of nuisance and direct the Clerk of Courts to record same in the
Public Records of Collier County, Florida.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing & Customer Service.
,--
Agenda Ilern N/), 16C1
February 8. ;?005
Page 2 016
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summery
16Ç~
Mntlng Date
r:'¡~t;.umr)ltHldati(lf1 r(J Elppmv<!': S,ltiufachoru; 1)1 Lien ck,eurnenl$ Jded flíj.¡ÜrJGt r~ill prup¡;:rw !(Æ
atMttemenl ot flvjlOaflCt! "~Id dil'e:;t n!", C!!!'rl( nf C()w'I~j: t( ft-t;ord !;jJnIt! III tt¡e pui,liG ret;D~¡~I¡ 1)1
CojH~t County F:orida Fiflca) impact is. $3000 to reocúrd II,.. Satisfactions of Lien.
2/ß12005 900:00 AM
Prepared 8)' Oat't
p,tmCalllr; ReYOf1UC !)IJPfirvi'iOI 1trl2UOll: 10:"1:2.8 AM
rublic UtiUUes, UI:ðC.S
Approved By
Tn omu Wldcrs ()p~'illio"s Director Uatc
PUblic Ut~lItjc& Public UtilIties operauons; 1/10f2005 11 :S7 AM
Approved By
P.1m CaHh. RlWenu~ !\.upl!!rvit.C<f Dille:
PI¡blle Utl!llle.'I UßÇS 1110/2005 1~26 PM
Approved B)'
ler<eøa ml!$en Aellttl'lul! ManHgltr Dale
Puh!!:: UI!Utl~1i U[lC;S jfl1/2fJlH'i HUJP ÞM
Approved B)'
John A. Yr.)fJkoalky IJUjuy f}l liruj Dilt'ctor Oøt~
Public lItUltlr.~ lJ['U;S 1J11!200!i 12:0'1 PM
Approved By
,J1Inutú W. [)~l.(ln.,. Public UtllHiI!s. Adrfl¡n~!it "atC)1 Date
1)\lI>1!(; Ullllllo t~ Public Utlllller. Adm\niølra1io/1 1/121200511~OJAM
Appro~'ed B)'
OMÐ Comdlnatol Administr¡uivlr A$\I!r.tMt Dilter
Cuunty Manager's Onlce onice of Managem~1 .. Budget 1I25120051Q:J6 AM
Approved By
Rlln(\y (~rct!lnwalr M.lI1agM,.tlt!ntIBudtlet Anrdyst l)"te:
CQunty Manager'1 01fI~e Offlee of Management & Budget 1/2612005 10:57 A.M
Approved B)'
Mlc.h.1el Smykowskl Mlnng..mnnt & Budgel Director Dilte
County M;allaOtu', Cmce Ot'l"lr.;e of Manugell'\l!r!t Ie Budget 1121/2005 10:10 AM
Appro~'ed By
Jame¡, V. Mudd County M.aIHlger Oale
Aaani of (;!)(Inty
Commluloflt!f$ Counly Mallayer':!. om!:.!: 1!Z8/20D5 3:05 PM
Agenda Item No. 16C1
February 8, 2005
Page 3 of 6
EXHIBIT " A"
1. Willie Mae Postelle, Folio # 25630920001, Lot 17, Block 8 in Carson's
Addition, Res. # 94-598
2. Willie Mae Postelle, Folio # 25630920001, Lot 17, Block 8 in Carson's
Addition, Res. # 95-121
3. Willie Mae Postelle, Folio # 25630920001, Lot 17, Block 8 of Carson's
Addition, Res. # 95-129
Agenda Item No. 16C1
February 8, 2005
Page 4 of 6
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trai]
Naples, Florida 34112
(94]) 774-8400
Property Folio No. 2563092000]
SATISFACTION OF LmN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLmR COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Willie Mae Postelle
% G Jean Canty
2695 Beacon Hill Dr #2] 1
Auburn Hills, MI 48326
Lien was recorded on the 15th day of September 1994, in Official Record Book ,1985 Page 0982 in the
Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the
principal sum of Four Hundred Twenty Five Dollars and No Cents ($425.00) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
LOT 17, BLOCK 8 IN CARSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT
BOOK 1, PAGE 33, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA .-..--.-
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment
in fun satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier C01.U1ty, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier C01.U1ty, Florida, acting
through its Chainnan, directs execution and recording of this Satisfaction of Lien, by action of the Board
this _ day of , 2005.
ATIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
CHAIRMAN
Approved as to form
and legal sufficiency
ROBERT ZACHARY
Agenda Item No. 16C1
February 8, 2005
Page 5 of 6
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 2563092000 I
SA TISF ACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FWRIDA was the owner and holder of a certain Lien
against:
Willie Mae Postelle
% G Jean Canty
2695 Beacon Hill Dr #211
Auburn Hills, MI 48326
Lien was recorded on the 16th day of March 1995, in Official Record Book 2039 Page 1160 in the Office
of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum
of Eight Hundred Ninety Two Dollars and No Cents ($892.00) plus accrued interest and penalties, if
any, and imposes certain obligations against real property situated in Collier County, Florida, described
as follows:
LOT 17, BLOCK 8 IN CARSON'S ADDmON AS SHOWN BY PLAT RECORDED IN PLAT
BOOK I, PAGE 33, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment
in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chainna.n, directs execution and recording of this Satisfaction of Lien, by action of the Board
this _ day of .2005.
A TI'EST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
CHAIRMAN
Approved as to fonn
and legal sufficiency
ROBERT ZACHARY
Agenda Item No. 16C1
February 8, 2005
Page 6 of 6
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 25630920001
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLffiR COUNTY, FLORIDA was the owner and holder of a certain Lien
against:
Willie Mae Postelle
% G Jean Canty
2695 Beacon Hill Dr #211
Auburn Hills, MI 48326
Lien was recorded on the 16th day of March 1995, in Official Record Book 2039 Page 1184 in Ø1e Office
of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum
of Three Hundred Dollars and No Cents ($300.00) plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier County, Florida, described as
follows:
LOT 17, BLOCK 8 OF CARSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT
BOOK 1, PAGE 33, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment
in full satisfaction of the Lien and hereby cancels the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official
Records of Collier County, Florida, to acknowledge that the Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting
through its Chainnan, directs execution and recording of this Satisfaction of Lien, by action of the Board
this _ day of . 2005.
ATTEST:
DWIGFIT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
CHAIRMAN
Approved as to form
and legal sufficiency
ROBERT ZACHARY
-_._-
Agenda Item No. 16C2
February 8, 2005
Page 1 of 4
.'--
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a
Solid Waste residential account wherein the County has received payment and said
Lien Is satisfied in full for the 1996 Solid Waste Collection and Disposal Services
Special Assessment. Fiscal Impact is $20.00 to record the Satisfaction of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential
account where the County has received payment in full for the 1996 Solid Waste
Collection Services Special Assessment.
CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8,2000
provided for the recording of the list of 1996 delinquent solid waste collection and disposal
selVices special assessment and a mailing of a written notice of the imposition of each
residential unit lien. Resolution No. 2000-237 was recorded on August 8,2000 in Official
Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County,
Florida, which placed a lien on certain residential properties for the 1996 Solid Waste
,-. Collection Services Special Assessment.
Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall
be approved by Resolution.
The attached Resolution lists the one account that has been paid in full for the 1996 Solid
Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the
Resolution is approximately $20.00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this item.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the one Satisfaction of Lien for the account listed in the Resolution
and authorizing the Chairman to sign the one Satisfaction of Lien for the 1996 Solid Waste
Collection Services Special Assessment Lien.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service
r-
".._","@'-,....-.-;-,,"'~.,
tt.m Number
Item Summ.ry
Me.tlng DoIte
Approved B~'
ThomD.'\ WldC'"
PuÞl~c Utilltl.e.
Agp.:m.l~ Ilßm N(J, 16C~~
f""""ry ß, 2005
Page 20f 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS"
16<':2
Re~nmrn~f\d..ti(~n \0 itd{¡~¡{ ,'l3etJolu1Ion t(, '¡¡PproVI! the Sutl61acllon of Lien tor ,¡¡ SOII(J Wa$te
r~~H1entilll acr;ount wtl~r,, rl the County n,lfi 'eo8i\(~d P"V!Y!ðl'ct ,am' G<!ld UtHllt. '.iali$lied "It'! lull
tt:lr tM 199B Solid 'Nalflte C{)UIt!c1i"n and DiflPQfial SeNICe!i Sper..ial Þ,~ses...mf;nt Fifl(:pd
impac.1 i... $2Q.00 to rec.ord th~ SBlf1.Iac110n of Lien
;(IB/2005 ~oo o() AM
OpC!'atlD"~ Director
Oate
PUblic Utilltle, Qpf:rlllt\Dnli
lIHII200511:5& AM
Pam Calll~
ReYf 'H.l4I Supervl100r
Date
Approved B}'
.'ublic Utll\tlelo
uees
1/10/20051:29 PM
Te'clJ.8 R1efoen
RtVI!1IUII!I M an.a[ 4Ir
Dab?
Approved By
Public UUlltleil
uscs
Ift11200(i 12:0t PM
UWltv 81111nQ Director
Date
Approved By
Johf1 A. Y'OnkoskY
PllhUç Utl!llln
URes
1J1H2{}0612:03 PM
Public: Utlline.. Admlllhltra'tOr
D3'.
Approved By
Jot",., W. OclollY
Plthl!t: IUlUti1!'1i
Puhllc Ulilltiell A.dmif1t.$lrIlt (1"
Hl2J20051t:OA AM
eMS Courdlnator
^tJmlnh,lrlit¡v~ A:\.lIh.tant
Dut~
Approved By
CCl~nIV Ma.....ßtlr·. . (.)fth::f!
om~HI or ManagÐf\1enl & 8udgtt1
1f2S/:l0lJf> 10:37 AM
R,1Indy Grrrenw.ald
D_I..
Appro\'ed By
c.ounty ManðQlII'r', Offlc.ð'
Manaonmenl/8udtllll ArJulysl
Office of Nanó1'i t"mclOt " BUdQet
'HZtiI20C611:C2 AM
Mìeh,~, Smykow.'\k!
Manugemont.. Budgel Olrrctot
0...
Approved By
Cuur!ty M.1I8g;tI'lI Ortlc",
Drnee or Maollgemunt & Bud".t
1/281200& 10:12 AM
County M.,."gllf
Dillie
Approved By
.Iam~\i v, Mudd
Buard or Coun1y
Cat't\mlul0ners
Caunty Malllluer',," OMce
1/31120058:39 AM
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Agenda Item No. 16C2
February 8, 2005
Page 3 of 4
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attomey
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
Property Folio No. 40170480002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
Flores, David=& Norma
2680 Everglades Blvd N
Naples, FL 341201526
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 68 N 180FT OF TR 6
Folio No.
Project No.
Account No.
40170480002
66000
16612
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida. to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this _ day of ,2005.
AlTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
CHAIRMAN
Approved as to form
and legal sufficiency
ROBERT ZACHARY
RESOLUTION NO. 2005-
Agenda Item No. 16C2
February 8, 2005
Page 4 of 4
A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A
CERTAIN ACCOUNT THAT HAS PAID IN FULL FOR THE 1996
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the
Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1996; and
WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official
ecord Book 2708, Pages 0199 through 0309 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1996; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
to approve by Resolution and record in Official Records a Satisfaction of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the
1996 Service Year Solid Waste Collection and Disposal Special Assessments for the
following account numbered below, subsequent to the adoption of Resolution No. 2000-
237, whereupon a lien had been recorded on real property pertaining to the account
identified herein. The Satisfaction of Lien attached hereto referencing the account
identified herein is hereby approved and the Chairman is hereby authorized to sign on
behalf of the Board of County Commissioners, and the Clerk is directed to record this
Resolution and this Satisfaction of Lien in the official records of Collier County:
Account No. 16612
This Resolution adopted after this _day of
majority vote.
, 2005 after motion, second and
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attomey
Agenda Item No. 16C3
February 8, 2005
Page 1 of 29
,-
EXECUTIVE SUMMARY
Recommendation to accept Florida Department of Law Enforcement Grant
in the amount of $100,552 for security improvements throughout the Collier
County Water District
OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing
Board of the Collier County Water District accept a Florida Department of Law
Enforcement Grant in the amount of $100,552 for security improvements throughout the
Collier County Water District.
CONSIDERATIONS: In 2002, the Board of County Commissioners approved funding
for the completion of a Vulnerability Assessment of aU Water Department operating
assets. The Study was completed in 2003 and subsequently; staff prepared an Emergency
Response Plan. The Emergency Response Plan identified a number of tasks that needed
to be completed in order to increase the level of security provided to critical facilities
throughout the Water District.
..--
In early 2004, Staff' applied for a Grant from the Florida Department of Law
Enforcement. Collier County received notification on September 22, 2004 that a grant in
the amount of $100,552 had been awarded to the Collier County Water District. There
are four main tasks that will be accomplished utilizing the designated grant monies.
These tasks include installation of automatic gates with keypad access at two existing
facilities; installation of cameras at two facilities; the upgrading of fencing at one facility
and the installation of a link for all Water Department security cameras that would allow
the Collier County Security Center, which is now staffed 24/7 to monitor all critical
Water Department facilities.
FISCAL IMP ACT: The fiscal impact in the acceptance of the grant will be the need for
a budget amendment to recognize the additional $100,552 in revenues and expenditures
in the Security Upgrades Project (710092) in the Water Capital Projects Fund (412).
. GROWl'H MANAGEMENT IMP ACT: There is no growth management impact with
the acceptance of this grant.
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water District accept a Florida Department of
Law Enforcement Grant in the amount of$100,552 for security improvements throughout
the Collier County Water District and authorize the Chainnan to execute all necessary
Agreements and applications; and to approve aU necessary budget amendments.
Prepared by: Pamela Libby, Water Distribution Manager
,,--
Agenda llem No, 16CJ
Febru.ry B, 2005
Page 2 of 29
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
ItMn Number
Item Summ.ry
H:C;¡
Meatlng D_te
Recornrnend!!ltion to accept Florid¡¡ Dcpa!1mer\t of Uw Enlorcement Grant ìn the illIT1Dunt or
$100,552 (OJr -ae¡:.unt,. irnpro\o'l:'menn. throllgho\.Jllhe GoWer County Wa\er Dlslrlct
2/E.l2005 g' 00: aD ,A.M
Prepared By Date
Pllm",la LibbY Watlt!' O )ctlolttJont Marlngor 1fz.412UO& 9:W:47 AM
puÞnc Utilities Water
Approved By
P.lmltltl Llbb)' W.ttlr oper.1t!onlJ Mlln.l'í1er D.u~
PublIc Utilities. W..ter 1/24120D.5 9:2D AM
Approved By
Paul Þhttausch W,l'CerrJlrat.l,or c.",
Public; UtlUtI... Wutel "2512005 '11:12 AM
Approved By
Thomai Wide. Op~r:lihor" Director D...
PubUc UtlIHI(I.'f, Public UtUlöø.. O 'Ml'rntlQI'I~ 11:16/'20055'.23 PM
Approved By
Marlfll8 J. Fuard Gr..ni'io CuonJinlltol O..te
Ad'nl"llItr;'tlvt~ Survlcrt," Adl"lnl.'$'rIIl!\o'~ Snrvh;.m. Admin 1/.2S/20M :1:&6 PM
Approved By
Jamtis W. DeLm¡y PubliC UtUltI., 4dln!nl)trittor DatI!
PubllcUtillllM þublie Utllll lIs AdnllnlfotrfltjDn 1/2712006 ";5U PM
Approved By
OMB C:oQrc1lnabu AdnllnllltrilltlvlI AIiAI,I.,,1 ['111ft
Count).' Manil!)t'r's. OtfiCf! ()ffiçlt of ManaQt"ment & auót, et 1/Z8/200512:311.'M
Appro,'ed By
SU.',1" U~het Senior M...n.gllm~t/Budøltt Anal V·"! Dnttf
County Mliiln..gef'fj OffIce om~ ot M,¡n.gement & I:h.ldget 1!31120:0510:2tAM
Approved By
Mlchi\l!l 9n'ykQW1ôk¡ M,lnltl1on'l!nt & ßùdgllt mftICtQr Date
Counly t.tðnilger'.$ omce Orrl(;. of Møn;llgenlenl & Budgltt 1/!1f,aaS 12::08 PM
Approved By
James V, Mudd county Mlln.ger Dill!
ßO¡lrd of Counly
Commlulonen County ManH;.,"1I 0"\(;. 1/'31/200512:17 PM
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Agenda Item No. 16C3
~ February 8,2005
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Agenda Item No. 16C3
February 8,2005
Page 40f 29
TABLE OF CONTENTS
Application I nstl1. ctjons. .
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Submisston D~adjíne ,<-.
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A Applicant Information ...
.................."........."..8
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S, Administrative Data.......
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C Fiscal Data,...,....
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D Profect Descnptiol1 ....."
E Budget Sc.hedule .............. .
......... '\1
F Budget Narrative
....12
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G Conditions of Acceptance &. Agre~méni
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....23
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H. Signature Page
,. ..,..........". '-'... ~.. ,-.. ,. ..', ,
I. EEO Certificatìon- Subgrant Recipient..
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Law EnflJrcemef/t Terrorism Prevention Progrnm
. 7!foridB Department of Law Enforc-eiñëñi--:---
APPUCA TION INSTRUCTIONS
Numbers and letter.> correspom110 those In (tie AppltcatJon
FDLE Grant Contract #:
To be completed by FDtE
¡s~ue #:
T() be COi11J]ieted by Sub grant Recipient.
County Name:
Enter your county name.
RDSTf (R~gicnai Oomesoc Secunty TJ»J( rOIC,:) #:
To be completed by Subgranr ,Recipient.
Federal CFDA #:
To be completed by FDU:.
Project Title:
Limit to 84 typed characters including
spaces
A. APPLICANT INFORMATION
SUbgrant Recipient Name: Enter the name of the agency or organization receiving
LETP funding, ie.. city. coun!y. agency. organization
2. Chief Official Q·f Subgrant Recipient: Enter the name and contact Information of the
award recipient, i.e.. mayor commission chairman. agency, organization head.
3. Chief FÎnancial Officer of Subgrant Recipient: Enter the name and of the Chief
Financial Officer employed by the 5ubgrant recipient.
4. Implementing Agency: Enter the name and contact information Of the agency or
organi:z;;ation that wiH be responsible for carrying out the prOje-ct activities.
5 Chief Official of Implementing Agency: Enter the name and contact information of the
chief officíal, Le., sheriff, chief. agency or organization head.
S. Project Director: Enter the name and conlact information for the individual responsible
tor managing ar.d implementing project activities
7 Contact Person: If Project D:rector is not available, then this individual will b-e the contact
for FDlE.
B. ADMINISTRATIVE DATA
GRANT PERIOD: Requested Start Date: End Date:
For questions regarding these dates call the Office of Criminal Justice Grants at 850-410--8700.
LE7P A,¡;pfic8tJon
$till\!: J"5(;¡;¡ Y'M! 2Q{)4..Z005
2
Agenda Item No. .16C3
February 8,2005
Page 5 of 29
Law Enforc1Jment Terrorism Prevention Program
f!!Joifd. Department ofLaw Enforcement
Agenda Item No. 16C3
February 8. f2005
Page 60f 29
C. FISCAL DATA
1. R.EMIT WARRANT: Leave blank if funds are tQ be sent to the Chief Fir1anciat Officer listed
in Section A. If you are requesting that funds be sent to an individual other than the Chief
Financial Officerc entertMir ínformäUon in this section.
2. FEID #: Enter the Federal Employer IdentmC3ticn Number assigned by the Internal R.evenue
S.ervice,
3. STATE AGENCY FLAIR #: This is for stale agencies only - enter the FLAIR Fund
Identification AccotJnt Number.
4. DUN and BRADSTREET#: J\.lrisdíctlons should verify mat they have a DUNS number or
take the steþs necessary to obtain one as $oona$ possible. so as not to delay their
app\icatiO/1 process.
How to Obtain a DUNS Number: Federal grant applf<:ants can receive a DUNS number at no
cost by using the Dun and 8radstreet o11-line application process located at
http..fi.~leU(;~tedn&.£ç';M/(~g!,l'9~toqUgj1sh9:rJJ?cmíç¡,~ÇrEL0053ï You may al$o obtain a DUNS
number by calling the dedicated toll-free DUNS number request Une at 1-800-333'-0505.
When cafling the toll·free number, inion11 the operator tbat you al'a in the process of applying for
a federal grant; this wH! ensure you are not charged for the processing of your DUNS number
D. PROJECT DESCRIPTION
!3RJEFL Y descrIbe your project activities in narrative form based on the Initial Strategic
Implementation Plan (ISIP). The ISIP was enolosed in your notice of LET? funding Jêtter
Example:
The Florida Springs Police Department will purchase equipment that supports the Regional
Domestic Sewrity Task Forœoperaìions in order to implement Florida's DomestícSecurity
Strategy. The Department wiU participate in the Task Force training in order to effective!y
prepare for and respond to a terrorist event.
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Law Enforcsment Terrorism Prevention Program
- Ronda Department of Law Enforcement
Agenda Item No.
February
Page
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E. BUDGET SCHEDULE
The Budget Schedule .Dresents the sum of sub-totals from each of the categori~s from the
BUdget Narratíve pag.t Enter the totaJ of federal fUnds for each budget categorj that you will
use to support aU project activities. Use whole dollar amounts only (no decimals). Please refer
to your fSIP for your individually approved expenditures, For questions regarding unallocated
items listed on your ISIP. please call John Kohnke (johnkehnk~@fdle.state.fl.us) or Sherry
Gomez (SDerrygomez@fdle.$tate.fl.i.Js) at the FDLE Office of Domestic Frepareoness
(850) 4 i 0-8690
Definitions
SALARIE.$.JLßENEFIJS
May be used for overtime and backfill costs and limited fringe benefits (FICA. Workers'
Compensation and Unemployment Compensation). Fringe Benefits for staff paid under this
category must be based en actual known cost or an established formula, and only for the
amount of time devoted to this project.
CONTRACTURAL SERVICES
Cons'ulting fees "Enter them¡;'-;e of the consultanì/firm if known, the service to be prc"Jded.
fixed price. hour¡y or daily fee. and estimated time on the project. Fees In excess of $450 per
day reqwre additional justificatfon and prior FDLE approval The contract mt.'st include:
81 re~erence, Conditions of Acceptðr1ce and Agreement of the LETP Program AppHcation
Local Units of government must use their respective contract rules and regulations. In the
absence of !oçal rules and regulations, slate reguJaÜons must be used as a guide.
· State agencies n\ust comply with Section 3A-31601-.31.ßOS, Rules and Regulations of the
Department of Financial Services. and Chapter 22K-20 of the State Board of Administration
Rules and Regulations.
Contracts with individuals must ensure that dIJal wmpensatìof1 IS not Involved, that the
arrangemant is written, formal. proper and other.vise consistent with lfJe subgrant recipient's
:.Jsual practices fcr obtaining such services, that time and services for which payment will be
made and rates of compensation will be supported by adequate documentatien, and that
rransportation and subsistence costs for travel pe:rformed are at an Identffied rate consistent
with the subgrant recJpien!'s general travel reimbursement practices.
Contracts with other government agencies must ensure that work or services are directly
and exclusíveiy devoted to project purposes and charged at rates not in excess of actual
costs to the "contractor" government agency.
EXPENSES
FU ')(js may be IJséd In the budget category to pay for rniscellane<)us ·project-reJated expenses.
¡hat fail Qt¡Jlow most agencies purchasing dollar thr<:shold to be consIdered "capital ouiJay'"o In
general. these are individually prjœd small items such as office supplies, traveJ expenS-œ,
advertising, printing. publicity. offíce rent. conference specs, rented or leased equipment.
postagE! & telephone, etc. or small equipment that has a life expectancy of less than a year and
are -expendable-. jf in question, check with your finance officer to determine if what YOll want to
purchase is an "e)(p~nse item' or a ·capital outfay item"
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Law Eirrforcemant TfJrrorl$m Prevention Program
F/orIdaDepartmlHlt o"f[.wEn{orctlmfNtt
Agenda Item No.
February 8,
Page 8
.._..~_.-
OPERATING CAPITAL OUTLAY (OCQ¡
DCO expenditures are Items usually having a unit cost of $1,000 or more and/or a usefuj life of
more then one year. However. if your local government accounting prooedures define DCOat a
lesser or greater amount. tt1en follow your local government purchasing guid$lines.
!.NDIREGT COSTS
Funds paid for indirect costs are reimbursable. A copy of the locaiJy approved Indirect Cost
Plan should be 'iiubmitted with the project appiication. Subgrantee must obtain OCJG approval
prior to reimbursement of indirect costs. State agencies must have prior approval from a
cogntzant federal agency. Tt,e OCJG resarves the right to authorize reimbursement of subgraot
indirect coslS. GuideHnes for calculating Indirect Cost If the Indirect Cost is 3.4%, figured on
total federal dollars. $75,000, use the following caJcutal1on: ì5,OOO ) 1.034 == 72.533.85, than
72,5.33.85 x 0.034 == 2.466.15 which is the allowable Indirect Cost If the Indirect Cost is based
on Salaries and Benefits. the calculation will only be against the salaries and benefits shown in
that budg(>t category.
F. BUDGET NARRATIVE
a The Project Budget Narrative may reflect costs in any of the five budget c.alegorie$ (Salaries
and Benefits. Contractual Serviœ$, Expenses, Operating Capital Outlay (OCO), Indirect
Costs). The Total Project Costs should be included.
b. You mu&t describe the line Ilems for each applicable budget category for VIlhH;;h you are
requesting subgrant funding. Províde sufficient detail. to show cost relationships to project
activities. Reimbursements will only be made for items clearly Identified In the budget
narrative.
c Costs must no! be allor..ated or included as a cost to any other federally fi/'\anced program.
(Continue on additional pages if necessary.)
Please respond to tt'le following lhree items beforE:) provIding the details of the Budget Narrative.
.. If Salaries and Benefits are included in the budget as Actual Costsior staff in the
Implementing agéncy, is there a net personnel increase, or a continued net per..onnei
Inc:reasefrom the initial year?
No; __.._ If no, please explain.
Yes: .__, If yes, please list number and title of positJon and type of benefits.
2.. Indicate the oeo threshold established by the subgranteé. $
3. if Indirect Cost is included in your budget pfease indicate the basis for the plan (eg.
percent of salaries and benefits), al,d provide <tocumentatíon of the appropriate approval
ofthis plan.
Salaries & Benefits Example:
Overtime and fringe benefits for t"..o empioyees to attend the Northeast Florida Domestic
Security Task Ferce cybar security training.
OT estimated average $35 hr.x 55 hrs :;: 1,925. )( 2::. $3.850
EmpJoyer's FICA 765% )(1.925 :::147 X 2::: 294
Retirement 18.53% )< 1.925:; 357 x 2:::: 714
TOTAL Overtime. & Fringe $4ß58
iÆTP Apl)/¡'Cllth'ln S1~th "*",,,' 'l'Mr 2004-11105
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Law Enforcement Terrorism Prevention Program
-·----"-f:Torlda Department of Law Enforcement
Agenda Item No. 16C3
February 8, 2005
Page 9 of 29
Contractual Services Example:
Hire consultant trainers to develop and use training materials to tram law enforcement personnel
in how to build information sharing capaclties and Wiie interoperable communications
equipment
Name: Rand Intelligence Corporation
Purpose: Budding information sharing capacities
Fixed príca for 6-rnonth con1rac:l $2.5,000
Expenses Example:
Training and travel for two members participating in the Northeast Florida RegionaJ Domestic
Security Task Force ODP-approved evacuation Irainlng classes.
Ho!e!: SOO/nighl x 2 = $180
Per Djem: $35/day x 3 days x 2 " $210
Registration: S150 x 2 '" 5300
TOTAL $690
Operating Capital Outlay Example:
An tenna S 10,000
10 portable repeaters @ 5250 ea 2.500
',0 satellite phones @ $500 ea 5.000
Video Cameras 60 @ $5,000 ea 30,000
Fencing 5,000 ft. x $50 It 250.000
Doors & gales SO @$2,OOO ea 100.500
Disarm/disable system 1 ea @ j02.0og
TOTAL $500,000
G. CONDITIONS OF ACCEPTANCE AND AGREEMENT
This section details the agreement's contract terms and conditions.
H. SIGNATURE PAGE
The parties sigr) affirming they each have read and agree to the COnditions of the contract A
signed copy will be re~urned to you upon slgnallKe of the State representative which executes
the contract.
I. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
(FOR THE SUBGRANT RECIPIENT)
Submít an Equal CpportunHy Certification Letter as part of the application. If the subgranl
recipient is the same agency as tha Implementing Agency, submit only one (1) EEO letter.
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Agenda Item No. 16C3
February 8,2005
Law Enforcement Terrorism pre~tion Program Page 1 O.of 29
'-~Dejiãrlment Qf Law Enfort:fM7tént----·,--
SUBMISSION INFORMATION
§~IT TWO APPUCAJIONS_W,ITH S GNEQQßLÇill:4~NA TURE Pft,GES
One copy win be returned to you as an execuled C1Jntract
Corrections by strikeovers. whiteouts. etc. on the sìgnaiUre pagesc311Mt be ac~epted.
Q~DLIN¡: D~ 30 days subsequent to the date c¡the 'Notification of Funding"..
MAIIo.,2 COYIES WI:rH OR GINAUHGNATURE~_TO;
Clayton H. Wilder
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308
LETP AppHr.atioo
SCè~e Fi$::.a:J Yq¡ar :ltJC4.7:005
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Law Enforcement Torrorism Prevention Program
Florida Depsrlment onaw Enforcement '
Agenda Item No. 16C3
February 8, 2005
----_ Page 11 of 29
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FDLE GRANT CONTRACT I;
T(.! lJ{! ~('!mp!ete:j ay,l'':'{Y...£
ISSUE #:
T () be cO,fI' P'6t~L'" Dr FDLE
COUNTY NAME:
RDSTF #:
FEDERAL CFDA# 97,004
Co~!¡er
70 bA {:omp,~tfJd Öy :::t3tE
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E-M~ìH Aédress fn;;dcovICI'Œco¡¡¡eraOio'.not
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. ./V[~¡;¡c;(;dei PI12.f1€ ?~fJ]ì 4:80? T
..f~~:3.~:I?4..3B02 _
3. CHIEF FINANCIAL OFFICER OF SUBGRANT RECIPIENT: Dwight Eroc~.
, '_~__'_'w,~_
--,_. - ·_,_·u...~~<_'^~,_......_. .. ..__....".~ .____M_.
T¡!I~_.Çtert, 01 CD'.!.r.:t.s
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: _.I¿¿ea CegeiPh0'2c;.?l9- 73.?-2 7,1~_.
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4. IMPLEMENTING AGENCY: Collicr Co.;ntv P,¡ìJIIC U¡i¡Ü,cs DMSIOr.
' Ag£'ttC'1 ro-$lX1fí,'){j}.fo t()Ý;'I1~p-:Crm:fitf~rg Pf'C;!};;:! ,¡¡ttiVi'Ú~~
. .__.._.."..~--_.._.
5. C:HIEFºr:.F:IGI,ð,~.ºfl lJ F'LE IJ ~NT~~.AG!õNÇY.: ,'l!.'=.peL'Jny_
.,., Title D.j~isi01'~_.~~(jmini$tr2t.9.r
A,~~r.P,,1$ ~~O.1.ë£!.~iI~r:1: TrE~
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;_Ç~y~::¡pl()r" í'L..
_ þ,:'ea f.o_dePhone 2~~:!;¡2-2S4º._~~.____.
. 6. PROJECT DIRECTOR: Greg ThacKer
hd~~po'.Y(}{T.s.."cnf,tfJ;c fC.'i mS(¡{!·;:'¡{19 ::.m-:J .ir1p~~;~"irl{ ç ¡¡rr;;cc.: éJc;h'if.:~!.J:
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LE n·~' 'ippt/c.:l~Ù~¡t;
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8
Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
Agenda Item NO.,16C3
February 8,' 2005
Page 12, of 29
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; ,
i 7. CONTACT PERSON: Pam Libby. '. . :
L..___il.E!3.~"~'f?iæ.<'.!9.t i~ G¡'i,!':.g8£!Jl'!,ß:<:!!1.lh!~'!!1Æ!...'Y..i!tÉ£..L'!!'_<:!i!'t!!£t.l9.'£[)J,É:--"-""...--".-........---................----..--j
L..T't}e_¡J!!ilri~~JtIOI1_~~~.g!'.!:....._...._____....__._..L_s:t-:taJl AcIQ~~p~~I~¡JÞ.~_@£OII¡!ilr].~.!':L_...___....._.___J
l~~~;~=-,,=-=--==-=-===:¡;,,~,g:=-~=-~
r_AreacO¡j~rP;~!2~.l:)~:?I?2q9? e;.st.?02 .....__ .J£?X ?d§:T74:.~310.__...__..___" ."-j
REMIT WARRANT: Leave ÞI.\!1k if funds are 10 be $cnt to the Chìe( Financial Officer listed i.. $ecHer¡ A
If yoo are requesting that funds DO sent tt1 an indiv1t.!l;1!!1 (¡(her th'!n the Chief Finan<:ial Officer, anter their
ìnior!11atiol1 in this s.er::til)n.
'5
Office el.;¡dronic transfer prograrn,
F'EID # FOR SUBGRANT RECIPIENT: County 21·0'r·019995-53C
Fedvt1fl Et'f~þk.ryrJf .it,tt~nfifi.CJJtl(Jf1 Numtm:
3. STATE AGENCY FLAIR II: NiA
4, DUN AND BRADSTREET #: 07699Ti'9Q
LfTFI ApP.t¡(41)'t),~
SlaH~ ,t=J.sçai Yfl~'" 2004~ZQV!S
9
...--'--...-
Law Enforcement Terrorism Prevention Program
FloridiiDepartrnent of Law Enforcement
Agenda Item No. 6C3
February 8,.2005
Page 13; of 29
Based on your approved Ini!lal Sl1ategic Imp;ementation Plan ('SIP), BRIEFLY describe prejed actìvïtiea if¡
narrative torrT! Please refer to the attached ¡SIP providecL Limit text to this page ooly
Upon receipt of Grant fuMing we wlif be installjng new mechanIcal gatj). key acee!)!> pane!. and loop exist
sensors at OL:r existing Carica Pump Station and the Raw Water Booster Statim"!.
Our remote sites will be inst;.¡ljed with SeclJrìty cameras with digital recorders !hat wiU transmit back 10 !he
Swth Plant and North Plant. The entrj gates wiJ! be replaced wilh mochanical iJetes with key pad aod ¡cop
system for eXiting.
In addition 10 these remOle srte upgrades we will provide the security depç¡rirnent at FacU"¡¡es Maf1agemenl
with t~rec compu!er" and thre-e monitors as a backup
UErP Aþp-Ac!Jrron
Sr;;le Fr.~r;ai Y~ar 2Li()4~2005
10
Láw Enforcwnent Terrorism Pl'flv~ntkm Program
FIorid4 O~pilrtltlen1 of Law Enforcement
Agenda Item No. 16C3
February 8, 2005
Page 14 of 29
Ent6l' the sum of Ih.. SUb-totals ITem each of the b<l( get categories from the Budgel Narratlve
lSeçHon F" that are appiiœb;¢ for your prQtCct's expen(ütu~s:
Entêr dul!ar ~mou¡¡ls nnly in apphc?Ole categories aM leave other areas blank. Use whole dollar
amounts only.
BUDGET CATEGORY
FEDERAL (TOTAL) AMOUNT
Salaries 8. Benefits
N!A
(; on tra(,1ual Services
NiA
Expenses
NiA
OpørsÜng Capital Outlay
$100,552
Indirect Costs
NIA
TOTAL
$100.552
LJ::-rP ,l"ppU:::,J'i~
S~'}tQ .::;;;Cðl" Yt;!1( 2004..21C5
11
.^---...--""
'~';"'~"'''''''M''''_'_'''''"..~
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...·.:.....Ä;.~..._"~:~~:;..,.:~,::.;,..~.;.;;.;;.;...,;,;,¡.,;._~~..,"'''''".;~;;.~.....,'''.
"'__. ~_·-;o;·__,"""--~.V..,,·,,·,~
-.'-.
Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
w<O/< ~,~...-....-~,,_...w,__
Agenda Item No. 16C3
February 8, 2005
Page 15 of 29
Unit cosl" are ..:0 be pITWlded for each budget category as specified ill Section E. This documentation
must be described and itemJzed. P¡ease Include subtotals and totals if applicable Use addifiona! pages
it necessary.
Site One - Carica Repump Station
De¡ ;Ca!ad micros digital recorder... ...... .. ..5515.25
Pek:o cameras. .................... 304'/.44
Psnasonìc mOfl¡'of,.... .... ......................... 650.00
CSfficra mOLlnMg brackets....... . 3f O.21
Key bMn:L... .......... ......... ..................488.60
Fiber optic cables. J-boxos, surge pro1ectors. ¡,me arc Material........... .13418.50
Total ....$23.500.00
Site Two - Raw Water Booster Station
Dedicated micros digital recorder.. .
Pelco c.amBm5..
Panðsoníc monitor.
CW11úr<1 mounting b'ac!<ets.
Keyboard. ""
Fiber op!ic cables, J·poxes, surg¡; protectors.
" .5515.25
...... ..... ...3047.44
..... 8SG.DO.
.... 38021
,·.............488.60
....13418.50
Tota' ....$18,902.00
·,.·...'.0·._._·...
time aM MaienaJ
SIte Three - Carica Renump Station
20x6 bí P¡Jrt chain linx ;wing gates
Gate oper«.torDKG100 master h hp batt
Gate operator DK61ûO sJave ~4 hp batt
2600..691 pad mourning kit
Mounting plates to at1ach operator
Surge plOtector Diiek OTK 120H\N 120 volt
Loop detector kino 2·channei
One free exit loop· and:? hold o;:¡en loops on either side of gðte
Photo cell o:ll'on AE3K
Receiver EVACR24N 24v adoc
Keyless ACP0073B :¡near Ì<.eyiess
Receiver lift master 971LM security
Co ntractu<J1 Ins(¡;¡lIatìon Co.:;;t
Total: $26.000.00
Site Four - Raw Water Booster Station
20xe bi part ch<Jin I:nk i>wíng gates
Gate operalorDK61 00 master ~;. hp batt
Gate operator DK6100 $Iave :;, hp batl
2600-69! pact rnountlng k.it
M,)unlng plates t() atta~h op//rawr
S'Jrge protector Dilek DTK 120H'N 120 voir
Loo;:> detfijçtor kIng 2'Ch"nrwl
One free exit loop and 2 hOld open )oops on either s¡de of gale
LETP _~J2pfi';ati(j{f
12
.s!~re Fir-..iJI 'V¡;/'ti" ;?{.\')4·2005
Law Enforcement TorrofÌsmPrø1t'ltntion Program
F1õrJëli7j.pàrtmMt of L'W ~nfo/'Ci8meht
Kel1ess ACPOO7J8 linear keyless
Receiver tift master 971 LM secunty
Con1ra:;tor Ins(aUalloo CQst
Total Cost; 26.000.00
Slto Fiva- Comer Countv Security Monitoring Facility
:3 Panasonic monitors ,. . ."."..."..., ""''''
J Computers...,.. ".. ",. ....."".....' ".." ""'"
Cabtes to be intra net C1,f1l1ectiön intQ sef'_er ,.,..,.,.,
.', .. . ... , , . .. . .. ~ .
,,,1200,00
,.3300.00
.., J65000
56,150.00
Total Cost;
Agenda Item NO.,16C3
February 8.'2005
__ Page 16¡of 29
!,ÆTF; Ap¡lÙ;Bttct~
13
St..?t~ Fh¡'C~I·.,O'ar 2()Qfl'lD05
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-.,--
Law Enforcement Terrorism Prevention Program
··-----mrlda Department of Law Enforr:&ment
Agenda Item No. 16C3
February 8, 2005
Page 170f 29
Conditions of agreemcrt recurrr1g cOmpliance by units 01 looa! goverm11ert (subgri.Jf1t recipients i.
¡n1plernenting agenCies and st¡;'Jtc agl;,~ncje$ upon s;gtieo acceptaf1ç£ of the suoQrant award appear il1 this
section Upon approval 01 !h,s suogrant. 1.1e approved application and the foi/owing terms of conditJons wiH
Decemo b,nding. Failure to comply Witt', r;,ovislons of th:s agreement wiIJ reSUII in 'equir(1d oorreGtíve action
Lip (0 and Including projec! cosh; being dlsa:lowed a'ld tfJr:nir"lion of the pro,ect. as s;¡ed/iad in Item 13 '0'
:~\\s section.
The subgrant recipient agrees to comply with the financial Bnd administrative requìrements set forth
in the current edition of the U.S. Department of Justice. Office of JlJstice Programs Flmmcial Guide
<Jnd the U. S. Department of Homeland Security, Office for Domestic Preparedness FY 2004 Homeland
Socurity Grant Program Guidelines and must support the goals and objectives incruded in the State
Homeland Security Strategy for Florida. The Financial Guide incorporates by reference the provislom¡
of the Office of Management and Budget (OMB) circulars ëlnd government-wide common rules
applicable to grants and cooperative agreements. The subgrant recipient agrees to comply with 311
federal statutes. regulations, policies. guidelìnes and requirements. including OMS Circulars. as
applicable;
8drnm str'¡;¡Iv.e..B.t:g¡.!!r~qD\§ - or.,m CirC'.llar A- ~02 "Gram$ and Cooperative Agr~ements with Stat€! imd
Local Governments' zmd OMa Cir¡;:;lar A-1'D "Uniform Administrative Requirements for Grants and
AgreerncrJs 'N;th In"Wutions of Kigrer Educat")I1. H05pitaí5 am! Ot~er Non-ProW Organiz:ator\!,', 48 eFR
3 LZ "Conlracts VV!lh Commen::i¡¡! Organlzclt1Ons" and 45 CFR 74, Appendix E "Prmc:ples for Determ,nin'g
Costs Apphc"Ü.Jle to Research a'ld Development Under Grants and Contracts wI:h Hosp'tals"
Cost "'rinclGles -. 0"'18 Cn:ular A-21 ~Cos: Principles for Educational InSliL.1tìons·, OMB Ci,çuiar A-87 'Cost
F'r'nCioìés 10;Šlalù. Loca'. End Indian 'frloal Govf~mmef1ts", OMS CirCu;¡;r A-122 "COg! Principles for Non-
P"ofit Organil<!!tions"
Ô!¿9JLJlênt!!rem~!!i OMB Circular A-133 "Aucits of States Lx,,1 Governments ßnd Non-Pran:
OrganizaHons";
$.12.!uY:Jry i\uJr.Üf;fy - PublIc t,8W J08-090.
1. Reporls
iJ Project Ptdorml!ncG ReporiS:
fhe subgrant recipient mu¡¡! subrn:: a Semi· Annual Project Performatlce Ri!Jport to OCJG by
Jar.u(:vy '0 ar.d July 10 The repo.'ÌS must report data relating to January - ,June and July through
December. Failure to $ubm~ Perfom,cnce Reports lbat arB comptetc, accuretB and timely môy
reSlJJt in:'L~ncLon:-j
h Finane:.., Reports:
{1 ì The sL:bgr;;,~r;t recipier;! 5t~aH have a choice of SUb.11iting either e r"túnthiy or a Quarterly
Financial Claim Report to !ne OCJG. Monthiy Financial Claim Roports (1-11) are due thirty-
on" (3 t) bays attar the end of the reporting period. Okanerly Financial Claim Report$ {1-3 ¡
ar" due thirty-one (:>1 ì days afTer lhe ~r1C of Th€' '"worting per;cd. 11'\ a;!dí:ion, if the sub.;¡rarH
aw,mj Defied is nKtentJed. addi!io'lai F:nanc:lõ! Clairr- '~eports shall 0(, submitted A hnaí
F'iranciai Ciair,., Re;:¡or, ana 1'.1 Criminal Just,ce Ccntri11;t (Financial) Cioscoul PacKage shall be
$ubrniHed to OCJG '/"i~h!n torty·f;ve (45) d~ys of the subgrant termín~Uon :pcrk)d. Such claIm
shail l?t'1 distinc:!y ,d..,nUied as "fmal".
LETP .~pc;¡ç{j!if);'1
SÎt":~ .:':~':jc.(tÍ Y64" 2DtJ4·2J05
14
~._-,",....,~-~-~-~--,.,.,
Law Enforcement Terrorism Prevention Program
,- Florida ~partment õfLlfw Enforcement ---,,,-^
Agenda Item No. 16C3
February 8, 2005
__.____ Page 1 B of 29
(2) AU ¡:;Ialms for relmbursemi!inl of subgram reçïpierlt costs shall be submllted on the Finaocia¡
Ciahn Report FOI"m$ prescrited E!r'c provided by the Office of Cnmíl1al Jlistice Grants. ,A.
suögrQní recipient st\alIsubmit either mo~thly or quarterly cla:m1\ ir. order to report current
project costs. Reports are tel be submitted even when no reimbursement is being requeste<l
(3) AU claIms lor reImbursement shall be submitted in sufficient detail for proper pre-audJt
¡¡nd post-audit
(4) Before the "final" cialm will be processed. the subgrant r<:.'Cipient must sublnlt tQ tM
OC.JG an outstanding project repo!':s arw:! must have satisfied ail special cOl1drtio!1s.
Failure 10 compìy with 1he <!oo\le provÎSII'!iS shall re¡¡uJt In forfeiture of r¡¡¡imblif1>ement.
~. OWer Reports
The $ubgrnnt i'(,;c1pient Im;s! suiJmit ot.f1er reports as may be reasonably reqlj\r¡~à by the
Dep;artmenL
2. project Closeout
Frojec:! fuMs that have beer. prOyerly Qbligated bv tt,e ..}oct of the subgrant funding period win have 45
{lays In which to be ìiquidated (expi!!nQE¡>j) ,4ny funds 1101 liquidated at the end of the 45-day period will
lapstô and rùvel1 to ¡he Department A¡¡u!>grant funded project will not De closed cut untillhe subgrant
rec:pjel1t has sa!Í$fifJr1 ail closeout reqmffirnents It, O{"<f;J !'inal $út¡grant closebut packagE'. A check fèr the
!uï! 'iimount of any unexp-endeû TunaS must oaœomp,II1Y HIe CiOSêDU! pacKage,
Ail ,..ruMS or r~wayments made 10 the: De.partment under thi$ Agre€'!l1ent are made pay;abie to the crder
of'F!cnda Department çf lðw Enforcemenr and maded to thE: fc;lIowing address'
Office of Criminal Justice Grants
Att~ntJ(m: Crlmìna! Justice Initiatives Unit
Florida Ol>panrnent of Law EnforCl!ment
2:331 Phillips Road
Tallahassee, Ft 32308
3. Fiscal Control and Fund Accounting Procedures
¡he sdbgrant reci¡:w"n! mllsl 6s!abììsl1 tlscaJ !::ontro! and fund accounting procedures that S$$ure proper
di.sbuf¡¡<1¡n~m! aMaCc1Jvnting of sUbgranr funds al1d r..qulr'3d non-federaJ e.x¡:¡enditures AJl !ul1dsspemt
Œ1 Ihís prO¡l';ct mllst be disburSEd according to þrDvìsíöns of the project budgE;,! :as approvoo by the
Department All funds n01 spent according to thia agreement will be subject to repaymt,nt by thE!
subgrant recipfent.
4, Allowable Costs
¡¡. Allowance for costS Incurred under the ;¡ubgr~nt shail be rjctermjned according to ttle geI1JSf;;¡¡
prír;c.pies of aHowab¡ ¡ty and stancards for seiected c.c-st items ;Set forth in ttle OJP FÜ¡¡wciai Guide,
U.S. Decartl11ent of Justiç~ Comrnclr'I Rule fm Stilt!!; And Local Governments and federal OMS
Cirr;uiar A,S? "CDS! Prim~ples 101 Sit/Ie,. LOI;al illld Indian Tribal Govemmenis" Qr OMS Cin;ular A·
21. "CoS! Principle", for EdUCI)(:on¡¡! Institutions"
b 1.'\11 pror.edures employed in the use of federal funds for any procurement shall be acr;on:!íng to
L. S, D-epartment of JU5tice CGmmon Rule for StIJÜ¡ and !..r;c;e,l Goven1J17onf$. or OMB CrrCtJIIJf A-
'1() and Flond;;; law to be ¡:¡ ¡gibl" for reirnbursemenL
5. Travel and Traìning
:he Cf)st of a:1 tra'tel shall be ""jrnburseo according to IOGSi regut<J.tíons. A mUl1idp¡¡¡iily or agency of
s municipal!!} may provide for a per diem and travel expense po ìçy which varies from providions in
GMpt!\r 1 i2.061¥, flcr¡d"L§.\§Iwtes. If a municípalìty does not provide a per diem and j¡,ovei policy
PUrSUôl1t to the aoovesuDsectiM, it remain" subject to, but net in excess:;f provisions in SectJcn
Uf:TPAJjþlicatiiJn
SWìD Pf;St;w 'y~11r 2004-2005
15
<---.-
_.",,,._-,---,._..
._,·~~"h·,""""""~,"',V'""""<,,,,"_".,.,.,,,,,,,,__..·.,,,,,_~,,,,,,,,,,,,."'<";hA_"'''~_'''""''''_'''·'.~''
,,,,,,-,;>;,,,,;,,,,,~·.;~~w~>....;,,,...~__.'~
Law Enforcement Terrorism Prevention Program
Florida DepartfÌ1&f'1t of Law Enforcement
---.._~---...-
Agenda Item No. 16C3
February 8,2005
Page 19 .of 29
112.061, Floorla Slaru!es
An bm:; fer any travei exper.ses shall be $t¡bmlfœd accordmg to provisions Ìi'I Section 112.061,
E.lorida 8!?tutE'~
S. Written Approval of Changes in Ihi6 Approved Agreement
Subgrant red¡J!ent5shaJl obæir approllal from the Department for major substantive changes. Thasa
incluae, Dut are riot !Imited to
a Changes in project activití~s set forth in the approved agreøment
b Budget deviatíOI15 :hat do not meet the following critenon That is, ,,) subgrant t~ip¡ent
may transfer funds between hudget categooes as iong as the tütal amount of t"ansfer
¡jQes not oxceed ten (10) perœnl ot the total approved budget an{j the bëlnsfer is made to
6n ¡¡pproll<X1 bUdget item; or.
c Transfers of funds ¡¡bove the ten (W) percent cap "haH t>¡¡ made onJy if a revised budgét
IS approved tJy the t~partr'l1Mt Trao.'Sfers do no! allow for increasing the quantitative
number of items documented in any approved budge¡ item. La" 'o<;tea:sing the quantity of
equirxt\eni it"ms in Ooeratìng C¡;¡prtaJ Outlay or ExpentX: categc:i.es, Of staff positions in
the Salaries and 8enefib;. cateí)c.ry)
LInder no cirC'unrstances can t¡ansfero of funds increa$t'j the total budgeted award
ì. Reimbursement Subìectto Available Funds
T"Ie cbHgatío'l 01 the State ot Fk:ri<Ja tc reimburse 5ubgrant recipients ior incurred CQ::,is is subject to
avaiiabJe federai funding
8. Advance Funding
Adv3m:e funding may' be authorized for each proj~;t according to Section 216181,16)(bJ, FlOriq,ª
§l~ª, the OJP FInancial (,uide, and the U.S, Department of .Justice Catr1mon Rulff for Stale and
Local GovOmmfJtlt5. Ad'/ance funding ",hair be provided: ) a ~bgrani recipient I.:pon a 'MiUerr (equest to
¡hE OCJ(3 jU$tifling tile need for such fl.nds 7rH;; request. including !he justlfic.¡¡licn, shaU be either
enclosed wIth the sUbgrant application or submittee ¡'J the OCJG prior to the frfS1 request ror
reimbursement JustificatJon should address a 30Î60í90·day need tor cash based on the budgeted
activihes for the period
9. ExcU$able Delays
Except 'NÍth respect to døfault6 of cc·nsultants, the $lJbgrant recipient 'NUl not be In defa\!!t by r¡¡a$on. of
any failure in performance of 1I11s agreement according to ;ts terms (indudir>.g any failure by the
subgr3nt ,ec/piam to m:.1ke progress in the execution of work bereunder which endàngers sttch
pertom1ance) if such failure anses out of caust;'!$ beyond the contrel and without the fault Of ne.'gi.igenœ
of the subgrant recipient. Such causes inciude but are not limited to act:! of God or of the public enemy,
acts (}f the govemmént in either its sovereIgn or contfactual capacity. fires, flocd'$, epidemics,
quarantine rl!1stncticns, strikes, freight em!:fargoes, and unusually $evere weather, but Íf1 every case the
fsliure to perform must be beyond the control and without the fault or negligence of the $ubgrant
rC(;¡pienL
if failure to p€!rfcrr¡] IS cause::! by f311 ure of a consultant or third party to perfoml or maKe progress. and if
such failure arises out of causes beYOnd :he centrol of !he subgranl fec¡pìent and the consultant, and
wrtholl~ fault or negligence oi either of them, the subgran! recipient will not be deemed in defalJII,
unless
DJ Sl¡pp/¡es or services to befumislJed by the consultant wer", obta¡n:;¡bfe frem ether sources:
0) Th€ Department ordered the sUbgrant recipient in writing to prc.'Cure such supplies or services from
other SOl.m::e5: and
c, The subgrant redpient failed te ress;¡n¡¡bíy comply wif!1 51.1:;;'.'1 order.
LE,7P A.pf)!)~at.c:'¡t
16
Sfai" FiSí;~)l- )'IJ-t!! ;¿.oo.t-2005
Agenda Item No. 16C3
February 8, 2005
Page 20 of 29
Law Enforcement Twrorlsm PrevefttÎon Program
..-..-.-.-..-- Florida Department of Law 'EnfOrcement ----------
Upr'¡1 request 01 the subgran; rec:pietll the Depar:ment wIll ascertain t)'Je facts and the eJáelJt of sucn
failure. and if the ûepartment detetmines that any fa~ure to perfcrrn was occasioned by one or more
said caus.;,s, ¡ha deiÍver¡ schedtH8 will be revised accord.ingìy.
10. Oblígatíon of Sub-grant Recipient Funds
Subgranr recipient funds must not undC'r any cj¡C<Jmstðl1cßS be obligated prior Ie the efiective date or
$(JDsequr.mi (0 the termination d¡¡¡Ü\1 of the granl period. Only project costs incurred on or after the
effective date and on or prior to the termination date of the $ubgrant recipient's projoct are
eligible for funding under this subgrant A ccst 1$ int:urmd when Hl0 s¡¡ogrant reciptenfs empJoyee
or (:tJnsultant performs requ¡red SGPl!ces, m when th~ suogran! reç¡píent receives goods,
nOlwiU,standing the dute of (¡rder
11. Revíew of Consultant Conlracis
The Ocp¡¡¡rtment ..hall review ali coo&uJtant contract!> prior to élnploym~nt of a consultant wheo thefr
rate exceeds 5450 (excJudins¡ travel and subsistence costsìfor an eight-hour day. Review shail be
b8:1icd \J¡Ml thl? conttact's compliance w~h requirements found in the OJP Fifli'iliCJ81 Gui¡;!e. V.S
[J€partment of Jusllce Cammon Rale ror State ¡¡fld L(),~{jl Gov!$mmcnts, and tn apphcabla stale
statutes. n'e fe\li~w of the 5ubgram recipient agreement ,Ioes net ccnstit\Jie appm'ýal of consultant
contracts.
12. Performance of Agr(~cment Provi¡;!ons
in the lèvlmt 01 default, non.compJiancc or viOlation óf any provision of thIs agn>ement by the subgnant
recipient, the s"bgrant rcciplsnrs cOf1slJJtants¡md s!.1pp1!ers, or both, the Department wIH ImpoSt'!
sanctions It deems appropriaœ i/>c!uding withholding payments and canceHatìon, terrninationor
suspensloo of th<:! agreement in whole or in part 1n $í ch an event ttlF.' Department win notify the
subgrani racípient of its dec.¡SH'Jn Ihirt,' (3.0J days it'! advance of the effective date of such sanction. The
sllbgrant recìpler1t wUl be paid enly for those services satìs~cloriiy performec prior 10 the,; effer;we date
of such s~,f!ction
llil refunds or repayments to be made to me Department under \hIs Agrecement are to be made payabJe
ro me order of Fic.nda Depariment of Law Enforcement and mailed diret.i\y to the Department at the
feilowlnçáddres1,
Offtce of Crimina! Justice Grant$
Attention: CrlminaiJlIstlce Initiatives Unit
Florida Department of Law Enforcement
2331 Phlllip$ Road
Tallahassee, florida 32308
13, Access To Records
Th", Florida Department of taw Enrorcrmlent; lha U,S. Oeparimerrt of Homeland Secarìty, Office of
Domestic Preparedness; and the Auditor General olthe State of Flonda: the US. CO"nptro¡~r Generai
or any of their duly authorIZe<! rcpresentatíves, win have access to books, documents, papers and
reCQrcs of the suogranl recipier,\ impiernenting agency <rndcontractors for the purpose of audit and
$;GJminat)ao accordmg to tr,e Office of Justice Programs FiJ1(JIJdal (;,,¡jeff;, as ¿¡mended.
n,,,, DepHl'\ment reseNes the ngnl to 'In;ilateraUy t¡;rmlnale this agreement if the subgrant recipient.
Ìlnplemsl\lìng agency J){ ct:,ntmctCf refuses to allow pllblic access to 311 dccume!\ts, papers, leiters, Of '
other materia,,, subject to p1ovisicm1 d C,~apte( 119. Eigri(f?.$.t.awre:r¡, and made Of r.ecei'Jed by the // "
subgrant
or its c:)!1tr"r.:tcr 111 COnjlJnct¡on with this agreemente
i-E"tP Ap¡O,iX:tZJJuH1
S\,Me ,r::~$(;3~ Yttur ZO~l00S
,~
,(
"'--~--
------..--..
-~_..,-,
Law Enforcement Terrorism Prevention Program
.-.-.--.... Flcríds DeiulftmëñtiirCiiW Enfoir:ement
Agenda Item No. 16C3
February 8, 2005
Page 21 of 29
_w__._.,.___-.,'~_.~.._~_
14. Audit
..... Sûbgrant rec:rJrents anè impfem~-nTing A.ge'1c~€S that expend 5500,000 or more in 8 year jn
icderal <Jwzn:Js must have a singie or progralTl-sp<x;ifll: a"tit conducted ier that yeer The audit must
De cerfcrmcd in ac;:;ord,)r1ce >,\ìtil the leder.,1 OMS C!rcui;;!r ,4-133 3nd ether applicab!e federal Jaw
The; eür,tract for this <Jgreement 'i1usr be Identified with the subject audit jr¡ Tl1e SchedlJ/e of F'øderai .
"¡i¡!:JrrCle/ AL'sl$!ãnco Ti'e eùntract mt:'St be IcenHf;e<: as federel funds p-sssed·tÌ1rougn the FloritJa
Departmënt of L.;¡.....' Enforcement ana inclllde ¡he C(mtract numtl'~r. CrDA number. award amount,
contract period, fun<í5 received and disbulsc-d. When applicable. ¡hit S¡;bgrar1t H'!clpil:nt I1lU~t submit
an annue fma!lQ,3i ;.=.wd'"¡t 'Nhtch ~neß!'$ the requirernefìts of CJ1apU)rs11.4.5 rand 2151?7" F¡()r;d§~
.âtfJ.tT!!ê§.~ f.1nd, Chapters ·10.550 iJnd '10. 600. Rules of the FJoncia Auditor (ierreral.
b P. ccmplete awciÜ report WhiCh '~:;'vcr$ any portion of the effec!ive dates of ¡[Jis agreement must be
subr.;ítterJ within 30 ;jays after Its Gomp!etjon. but no later t11an m-n€' :9) mnnths after the audlt penc-d.
111 order to De camp¡~H8, th~ ¡;¡;bmitted '8port must ìocJudt: any management letters issued separately
and man;:igemem's wMnel1 rcspcn~;e te all findings; both audit report and management letter f'ndings.
¡¡¡complete audrtrepons will nor i)Ei <;('".(;epted by the DepartinEnt ar<J '.vIII be retumed
C The subgrant (eC1p..,mt must have all awdits completed by an ¡nCependent puöiic accoontant
(¡PA), The !PA must be eíth€r a C€rt¡h~ Pubiic Áccountant or a Uc"nSùd Public I\ccountant
., The sub{;rar,t reciu,'ent andim im¡')H"menting agency must take aopmpn<ne corrective w-;!iOfJ wíthin
SiX (6,1 months of tne ISS(J{1 caw ,jf th!ò ,hid!! rer,()r! In li1stances of noncompli<J!1ce with federal !mlls
2H1Ö regulatjor:~;
c. The :;:.uc-gi~nt radprf~nt and/ç,r Jmp~·;ner.tf(Jg Agen!:y r;';ust er<SL;re that .audit work.ing papr~fBa(e
¡TianO avaJlab~e to tt!C Department, ,.:r its dé~JgnGet upon rðqueS¡ ter a period of t.hr.ee (3) yeztrs rrQm
the d'ilte tile audit rSpCn is issued. unless "Jxtended in wntmg by the Department
SlJb9Iar~t n:!ciplents andiOl ImpiernenlmgAgenc:es lhat oX.De~o less t"1an $500,000 In federal
aW3fCS durcng ~ fiscal yew' are e-xempl from the audit reqllÌremMts 01 OMS CircaiZlr 04-133 for t!18t
($,';;;¡! Yê2r In thm (;as&. written no@cation must b", provided te the Departmel1t by the Chwf
FmancíaJ Officer, or deßi¡¡nee that the subgrant re:ip,ent is exempt This :lQtlce !'lust be provldeíJ to
th", [Jepertmt;nt GO iawr than l\ilarcr1 1 foilOWII1<J fhe eor.: of the flscai year
g ¡t this agreement IS closed Out vl'ithout an audit the Depertm¡;,nt reserves èile right tû recover 2'ny
:.,HsE:iJo'lted C·Dst..') identified In an audit ccm'plet~d after Suc.~ t~ìOseout.
!1 The ccmpiC'ted aw:ht rEpOrtS shcL.:;'c be sent :0 rhe following adores.:::
Office of Criminal Justice Grants
Attention; Criminal Justice Initiatives Unit
Florida DepartmC'nt of Law Enforcement
2331 Phillip$ Road
Tallahassee, Florida 32308
15. Retention of Records
Tile subcrar,t reGÎD'ent must marnt;3ln ail r>;!ccnjs and docume111S 'or a minimum Qf three !3iyears frem
the d<1te -oftha tlnal Fil1anCla! sldtementiind be ;¡vaíiacle for aud:i and pubi¡cdisc!C5UW upon request of
.Juiy auihorizr,d per$cns
16, OwnetshÎp of Data and Creative Material . '"
Ownership of ma:6n0f. disc;cv(;(¡cs. Jnvennons. and results developed pro<.1lICiJd, or mscc,vered
subc~rdÜ1ate' to th,lE; agraarnen.t is gcv€rned by the terms of the Offitc of JUsÜce Prcg;~~rns' Pfnaf1cial
Guidft, .as ,:1mende;:J cr O~J1B Cltç,~~I<¡rs,tL 1 -;0 or /.~102, a$ app'licoble.
17. Property Accountability .
7h6 suter",;;! ,'cçipiel1t 3(JreeS TC USf; ail nC¡1-(;xDel1dablc property for d"mestu: security purposes aUrlng
~i$ dSf.":f.Jï ,ife Of r~quest Department j:iSPOSitìÚIì.
i"t:: ¡ ;J A¡;pÚa.'fiDti
S:.DUl t<'>:«;Bl 'feðr :?{)t).4<2Qf.Xi
18
-~--"--".>.,.~..,,.
Law Enforcement Terrorism Prevention P(9Qram
1!/OrldB Departnienf of Law Eilforcemeni
Agenda Item No. 16C3
February 8,2005
Page 22 ,Of 29
The suogær.1 redp;ß11t must &sjat¡Hshanó adm;nis1ei a system 10 prot.ect, presßl"le, use. maintain and
dispoSØ 01 any property fUfrHiShed 10 it by the Oepartrneni or purchased pUr¡¡Uilnl to H'its agreement
accoréin\, to fode~al properly rncmagemen! S1;,mdmd$ ~ej fOrll', In the Office of Jushee Progrums'
Financia! Guide, !is armmdad or the federal OMS Circulars A,110 Of A,102. a$ app"çabi!$. ThiS
obligation continues as long as jhe subgrant recipient retaln$ 1t1" property. notwitf-¡stZJnding expiration of
th,s agreement.
18. Di$putes and Appeals
The Dep~ftment wm make its decísíon in writing When rDspondlng to any disputes, disagreemenls or
questions 01 facl arising Un< E f !.his agreement and wW distribute lIS fes¡X>Flse \0 aU concerned parlie!!.
The subgrant rcclpi~¡r1Ì ¡nus! proceed diHgentJy with ItH) performance of thl6 '.il)reernent according 10 the
Departrnenfs doejston..
U H'c subgram rec¡pierÜ appeals the Depal1menl's deÖSlon, it must be submitted \n wriÜI1g to the.
Departmonl's agoncy dark within twenty-one (21) cr;!f:fIda.r days <If receipt of nolifi¡;ati<m. The 5ubgrar1t
rec!;wmt's rignt to appea¡ too Departml!!nt's (Jøci510n is c0I1181ned in C;I'wpter 120. Ef9..[!s:!iL~iJJIJlf!S, and
in prO\;edures s(H forth in Chapters 28-5 and 9-5. Flor.'¡11i!_f!.flm;r1Í$t[alíve..J;;'~. F<1ilure to eppe~1 withIn
this time frame cl;;1nstrt\ltes a 'Naiver or proceedings under Chapler 120.. ElR.rid8.~IIÍ!lli'
19. Conferences and lo!>pectiol'1 of Work
Cn!1IeoiJf1ces In,;)' be held ¡it Ihe rcqUf,)$t of any parly túU",iaagfeement A, any lime, rttpresentativesof
the Departnwni ;andic; the U.S. Dtzpartmenl of Homeland Ser.unty have The privilegeo! '!Ismog the
project site \0 MO:IÏ\or, inspect aM ;~s5ess wÇ>rk perform(j( tinder 11'11$ agret?fT'ønl.
20. Publication or Printing of Reports
Tie SlIbgrant recipient OWS! submit one copy (¡í all report!> and proposed p,mhcatior:s resul!lng from the
"i]reem"nt twenty (20) ClAy~ prIor to publìe rolf 8se. Any pUÌ1iico\,ons (v..rinen vt!51Jat. Of scuM),
wnether plJOlrshed 3; the subíJrBr\t re<;ip,cnt's or (Jo'lemment's aypen$e. must contnin tMfotlowif1g
sta!crnent (NOTE: n1;S excludes press "elease:;, n~w5Iet¡e,'$. end ISS'JE'1 analysÎ$,)
"This pro¡cc: was suppor~Ðd by grant award number 20û4..GE,T4,OOtO awar(\cd by the US
Department of Hor:1útal1(!' Secunty O%;e of Domestic Prep8a,tmeSs Poil1ts of view' within this
document are those of the author and do not necessarily rcpreser11 tho official p()$llion of po'licics of the
U,S. Depurtmen1 of H0!11¢13nd Security."
21. Equal Employment Opportunity (EEO}
AJi$ubgr1õ¡nf recipients are required to f:omply \'dl1 nondi$crimif1atìon reqr;lremcnls of the (Jrnníbus
Ciime ContrOi ,md Sate Streets N;\ of 1 Ei613, as amended, 42 lJSe 3789(d), or Viciirns of Crime Act (as
appmpnate): Title Vi of the GìlJ!Ì K¡gh~ Act of 1H64, as amended; Section 504 of 111/;¡ RehaD11itaUol1 Act
011973. os atn¡mded: 5u1Jtì:le A. ritlo Jì of lhe Americans wah PìsabliíHas Act (,ADA} r,1990); TíUe IX of
thfJ Educstion Amendrnef1ts of; 972; the Age DIscrimination Aot of 1975; De~1artrnent of Justice Non·
D¡scrlrnination R'3Q>Jlaliol1s. 28 CFR Pari 42, Subparts C, D, E anó G: and Dcpartmel1t of Justice
reguiations on (1JsabìHty t~1\SCíín'\ination, :¿8 eFR Part 35 and Part 39.
The: subgrant recipient acknowledges. by complettng f){1d Sfgrling the attached EEO GerÜfication Letter
ih¡\\ failure to submit ,.11 acceptable Equal Empioymel1t Opportunity Plan approved by the Office for Civil
R:gl":.ts ür subgnmt rccr~m~nt IS re(~u~reÖ to subrnit one pUfsuat1t U) 28 CPR 42~~30:?L \s a vioiaticn of ~ts
cerome(] assuranct';s and may result In $\)sDensíon Qf funding obligation authority, Submission of ti'll.s
certification letter is II prerequisite to enter1ng Into this agreement, TiÚs certifiç¿,¡lion Is a male rial
repreStlnía\¡on oj (Jet, upon wl)içl1 relianœ was pl¡;ced when this agreement was mðde if the $ubgr"n:
f8{;i",ent or implementinp ag~mcy me",t A.d c: iler';.. but haw", not formutate~J. implemented snd
maintained sur.!' a current wntten fEO Program. [ney have 120 daY$ after tn.!) délte 01 \hls egreemtH!( 10
COY'lply .....iO\ ttw A¡:t ()I face loss of jeder,~i h':1ds subject to ti1<;. Sfmchons in Ih.. Jw;/icø System
,LEtP AW(fc.~!lh¡(~
,St!H:C' Fj$(,;~}! YP,ier ;;:¡)()4~::r)u"!;
19
-".__.~---
Law Enfarc,ement Terroriam PreV'ilntion Progrðm
Florida !Ji¡¡PSf'tmeJ7t at Law Enforcement ""-.--.--
Agenda Item No. 16C3
February 8, 2005
Page 23 of 29
improvement Act of 197'l pub. L 96·157. 42 U $. C 3701. &tseq. (Reference Sectí(){J 8{)3 (a) of the
Act 42 US C. 37133 (a) and CFR SeclÍon 42.207 Compliance informaäon: Tille vr aftoo Civil RíghtöAct
i;>! 1964. âS ameneJec: and Deparrment of JusJice f!fJgu!atkm 28 CFR Part 42, Subpafts C, D. E
If any court or adrninlstr.,¡tive age-ncy makes a finding of discnmil1atJon on !he grooods cf race. ("..oIOF.
reHglcl1, national origin, gender. d!sabílhy or age against a subgrant rèdpient of funds. t.~e subgrant
recipIent mus;¡ agr,;¡e 10 forward a copy c! the findings to the USDQJ Office of JlJs!iœ Programs (O.JP)
Off-ice for CivH RjQÌlts,
Ail 5ubgr?l1i reclpie-nts iTltJ$t pro'¡¡(ie the OJP Office fc·r Civil Right!; with an Eql1al Opportunity Plan, if
reqUired to malntam one. where the subgrant award is $500.000 or mere.
22. Americans with Disabilities Act 1990
StJt)grantees must comply with the fI:qUlmmenl.s of the Americans with Dis.abiJitie:s Act (ADA), Public
Law (pL.) 101-.336 which prohibits discrimination by pubficand private entities on the basis OfJ1i1¡¡<!òílìty
and reo 11 ires certain acoommcdaticns bé made with regard to employment (TrtJe J), state and loc<i)
gi>vemmen! services and !ranspcrtatìon (Title JI), pUblic accommodations ¡Titre HI}. and
t¡¡¡ieç.?mmunlç;¡¡tiOI'5 ¡Titie IV\, iRefemnclil Ti'lie If of the Amefll~"l1Js with ÐJSabirities Act and Demìrtmenl
of Justice r~çlJli'iticn 28 CFR PlJlT 42. Part 35: imd [We IX of Education Amendments of Ù}72 and
Department òf Jusri/Y) Regulation 28 CF.« Part 54.)
23. Non-Procurement, Dobarmeot and Suspension
The subgrant recipient agraE!S IQ compiy 'I.~th F.xOCiltive Order 12549, D()/:¡armem and SUSP9Mi()( (34
CFF<. PDrt 85 S¿>:i;!Jon 85. 510, Particip''infs RB$pt)t"isibilítks) T!1e$e procedures reqLlÍr¡; the !!ubgrant
rec¡p,eN to certify it wJl! not enter into any lower tiered covered transaction with a party t'lat is debarred.
$uSpended. decJart:id ineligibie or is voluntiZlrily axc!uded from particIpating In this covered transaction.
unless authcnZ:8-d by the Department
A penwn or aff¡ ¡ate who has bet\11 placed on the corwictedVef1dor list following a conviction for a public
enbty cnmë may not $ubmlt a bid on a contract to provide ;my goods or serviCes to a public ooiliy, may
net submit a bid on ct contract ·.IIith a pub1jç entity for the cornstructkm or repair of a public oUlíding or
public wad<.. may not submjt bids on leasE'-$ .of real prcpert¡ to a pubiíc erltíty, may 10t be awarded or
peoform work as a contractor, supplier, subcontractor. or COI1sul!;¡;nt under ¡¡ CCt1tr.act with· a pubiíc
entIty. and rn<l¡ net tmnsac! husiness with an;, pUblic entity in excess of Category Two lor a period d
36 months lrom trle dale of being placed on the CD!Wlctec vendor list
24. Payment Conttngent on Appropriation
The State of Florida's parlormence and obllgaUon to pay und~r this agreement Is contingent upon al1
annual apprQpriatíon hy the Florida Legislature.
25. F:deraJ Re$trìctioos on Lobbying
The subgrant recipient agrees to compjy with &c1ion 319 ofP.L. 101..121 set 1,orJ1 in "New R.estric!i(ms
Qn Lobbying; Intenm Final Rule. ,. published in tne Februarj 25. I 990,. Federai Regìstar
Ea·:h person must file the rncSI current Mlbon of this f.iillill.ç.?oon ªU.d D¡sr.;!Qg¡re Form. if applicable.
wilh each subrnrssron that rnibatfls agency consaderaticn of such person tor award of federal ç:mtf¡¡¡ct
grant or oooperaiive agreement of $1 00. 000 or more: 0; federal Ican of $~ SQ,OOC or more.
Thí5 œTtincation is :3 rr¡a!6f1ai representation of fact upon which reliance was pjaced wht!11 tills
zgree;nenl was made. Subml$$ion of this c8f1ification IS a prerequisite to entering trlto Lf)is agreement
sub)e'Ct (0 conditions and penalties imposed by $flc/lOn 1352, Titie J 1, Uwted States Code. MY pers011
'",ho Þ.1íls 10 tile the required certifiœtion ís subject te ¡¡ dvil penalty af nO! less than $'te.ooo end not
mere than S 100. 000 'er each fa,iure:o me
LEY? ACifJJ.ic/jiJC;r.
20
St'.¡)t{? 4;«7"'1 -'r'todf 2(}G4.-2QOõ
L8w Enforcefflflnt Terrorism P~ntlpn Program
. Fforida7:5epartment of La:w EMorcement
The u!1~iQned certiffes, to the Í)est of his or her knowledge and be~et, that
;:;, No federalry appropriated funds have been paid 0( will be paid to any person fCf influencing or
attempting to :nl1uence an or1icer or employee of any federa'l agency, a member of CCf!gress. an
offi~ or emp!Qyee of congress. or ai'1 employee of a member of congress tn connecjjon wïth the
aWiilrdlng of any federalioan, the entering into pf any renewaJ. amendment. or modification of any
IMeral rontrect grant lean or cooperative agreement
b 1f any non-federal funds have bean paid or wm be paid to any pe!1}on for influencing or atte.mpting to
influence an.. officer or employee of con9ress, or alì employee of a member of congress in
connection WIth this federal conu-act grant loan, or cooperative agreemelit. the undersigned must
comptete and suomit the standard form, pi$cJos.IJ.!1L~".~J~'þQy¡.ruLð&JN~, according to its
ínstn.lctions
c. 'Tria undersigned wll! require tl1at thO' language of thjs cel1ificatjon be included In award documoot!>
lor ail subgrnnt aw<!rd1i at ail tien; and that alf subgrant recipients must certify anû dÎsdosa
accordingly
. Agenda Item No. !.16C3
February 8,!2005
Page 24 of 29
26. State Restrictions on Lobbying
In ad(mJon to the prövigions conwìngd l1ereín. the e.xpenditure of funds fur the purpOße of lobbying the
state L.aglsiature or a state! agency is pPJhlbited '.lnde! thrs contract
21. Political Activities Limitations
The subgrantøEl assures that it wíil compiy with þl'ovi$jons of iadetajlaw whích Umil osmun political
activ¡!Jcs oj St¿,te or ioca] governlT\ÍIÍnt employees whose principal emploYffi,.,m is il1 CI:lI1M¡djQI1 witj¡ an
activity financed In wnole or part by federal grants {5USC 1501.et seq.}
26. Fair Labor Standards
The wbgran\ec assures lìi.!lt it v.~¡¡ CO;T1p!y witt: the rriìnirnumwag,c lw.d maximum hour's previsions of
tile I':e('iordl Fmr L9bor Slandartis Á..:::I.
29. Environmental Protection Agency's (EPA¡ LÎ$t of Violating FacilitlM
Th", 5ubc¡rantee assures that the facilities \l1';<!ßr its ownership, lease or supervis¡oo which will be
utih::e<1 iñ the accomplishment of the Program Purpose are not listed on tho EPA'¡¡ list a.f V¡oiating
FacilitÌf.ís and Uiat íl will notify the Department of the reœJpí (.If any communication frr>m the Director of
the EFt< Office of Federal Actlviiies indicating that a facility to be used ¡sunder consider.ation for ¡¡sting
öy the EP A.
30. Flood Disaster Prot.ctlol'I Act
The $UDgrðl1tes wi'Oromply with Section 'tOl(a¡ 01' the Flood Disaster Prol'ection Act of 1973. PubHc
Law 93-2:34. 87 ,Stat 975, requiring that the purcl1ase of flood Insurance incommlJníUes where. such
insurance is available ;;1S a condition of the receipt of any fedeml financial assistance for construction or
acr¡lJísitíon purµm¡.es for use ¡¡1&ny ar~a thát r¡¡¡¡s be~n Identified <1S an area h1:!VIng special fioo<.!
haza¡ds
31. National Historic Pre1õorvatlQII Act
The subgrantae wHl assist the Depanment l11 its ¡:ompiì¡,¡nce with Section 106 of the Natíonal Historic
Pre5<:rvatlcn t\,o;;t of 1966 as amended (16 use 470\. E.1(ecutiv~ Order '¡ 159:'$, and the An;heolog:ca! and
Hí$tcrica! pl'1!ssrvatioo Act of 1966 (16 use 569a·1 et saq.) by (s) consulting with tne State Histonc
Preserva!ton Off¡c;er as necessary, to icten\lfy properties listed In or eliglbj¡¡ for inclusion in the Naiional
RIð¡¡istv( pf Histcnc Places that aresubjeci te adverse effects (síi!e:\6 CFR ParI MCìS) by Ihe activity.
and notifying ¡he FI"ritm Department of Law Enforceme;I~{ of the extsteonœ of any !wch pro¡:u:;rties and by
íb} cDmplying with al1 ,èq1Jìrement;s establisiled by tne Federal grantor agency 10 a.void or mitlgat.e.
adverso\'! effects upon such properties,
~.,'t
I..E1P .4þC1ic.atJrm
Slalttr.;iscal '''I'if l.ÇU....¡OO5
2'1
~----'_.._-
._--~.__.-
Law Enforcement Terrorism Prevention Program
-~--_..- Floriaa o;;parrmem of LãWEñro;ëëñieñT-
Agenda Item No, 16C3
February 8,2005
Page 25 of 29
··__.v_._
32. The Coastal Barrier Resources Act
The subgtantae -'.vin co,mpiy ar.dassure U,e carnpJlance ~)f aU contractors "·'lith the O(Ovísions of the
C.::astal S.¡¡rrier R::,sclirces -".(;t !PL. 9734~Ì; dated October 19. 1982 (16 use 350'1 er sea.J wi!!ch
t::rohfbì~ !he ~xper;d¡ture of mcst ':iCON F?áera~ funos wíthm the un:~ of tne Coastal Barrier RèSour.ces
SVS~~1'~
33. National Enl/ironmental Policy Act ¡NEPA)
., The: subgtantee agrees to BSS¡~t the C"",¡>amnefit I;; xmply:ngwith :he NEPA, and other related
ferietâ enviromnenta) !rnpact -attalyse$ requlf€rnenes in ~he !..J$e of subgra.rrc fut~d$ by the
'Sucgæntee This applies to the following nøw ac!¡vitics whether or not ,hey at" being specifically
funded wIth the-$6 suog(;)nt tunds. That is, ¡t app-fíee as !ong as thê activir¡ ($ bé'ing conducted by
me subgrant-ce or ar.;y third pa:'iy and the actfvíty :'leeds to be LH10e_'1.aken In cfd~f to Use these
SUbgrant fUf'(i(¡:
/1' ¡"·!eVt C'.0n5tnJG~iOJ~
:2:, Menor 'f.)novaÜ"!1 Of remooeltr1g of a prQper1y ",Mer (a) listed or: or ej¡gible lor listing on the
Natonnj f~egist¡tJr of His:c',,¡c P~aces or ¡:b) 1c<(;ated w!thìn a 1ùQ-:te-ar flt."'Od p~jn:
(3.~ ,fr., re:10ViGtl0f1, leaS-t;;, :·r any other prapc$~d us~~ cf a b.njdif1g or faciHty that 'Nm e:ther {a) resuit
In ç; ¡:t\ar9(~ !{\ its b3~k pnor use cf{b) significantly cr,¡1Tige Ìts s¡ze; anG
:4'; frnoiemB'f1t.¿jtion ~)J a f'!8V/ urogram :nVO!V!f1g the use of chemiCdls other than chermcais that
~r~ (àip'Jrchased as an 'n~,·je"ta! (x)mp0l1<mt at a funde(i <Jet/vity and ill} traditionally used.
for r::XEmpl-i.? in off~;c€, hJuserc!d, recrr:-anonai, or ~fjuca!¡ona¡ environments.
b. Fer a11Y of a $ul>grantee's e.:m¡t:np programs or activities that wii! b€ funded by thes!': subgrams
(11;:' subgr.¡¡mee uçon ocpec:tic request fron; thE Dspartment and thl:; U.S. Depa"ment of Justice
':,DOJ). agt.Qj:::iS to ccccej~t(;';~ wirh DOJ !p any pr8oaratic-n b~i DOJ Of a n¡)tional (;r prt?grarn
el'1v;YOl1l'ítBn;;;¡J as:;,essmrmt 01 tl12t funded program GI activity.
34, Sig.,atur~ Authority
Both the Subgrant Recioient Au¡r,CnzH1g Cff¡(:ip,1 Of Designared Repre$cntatJve aM tf1e lf11p1ernenting
þ,gency OfficiaL Admmì5!r<ltor Qr Jes;gnared Rftpre5entmlvs \Vilo s:gn the Signature Page have the
d.iJth:;my !o requ",st Chanrles tc! 'lie approved agreement The ¡¡ner mentioned IndividualS have
aLtilori!y !o siqn or make arnenbmen!s !e th", Soie Source and the ADP JU5bficaticn fcrms.. The
Pr~')}e!:t Ö:remc,r has <at.:thonty to 3uhrnit reque5,t~, for approvaj or spec~f¡c tr~vel, FmançiaJ and
Perfcn'!'~~l1ci: R~porL=;, 'Nith the ;¡.!',':(csptf~x) of t.he CIOS€Pll't Package, '#hir:;h aISQreqUtrf:.~~ the signature,
by the CI,ief Financial Officer of the Subgrcant .~ecipl€mt 0r authorized ::!esfgnee
35, DalE'gatiol1 of Signature AlI1/10dy
V;¡'hen ~hc Gtdhcri:n'jd ,:>ffic.i.;¡! 01 a ::;:.;bgrant recJpierH Ot :n€ inlplerneiìt1!1g ;¡gency d(;signa1es senne vUl~U per1';Qn
S¡qn.:Hure ¿¡lJt}¡cnty klr rmnlt-er, the ,:hì'Ðf onlc~'!r or e-Iocted offioal mu~t 21.JOnllt to ¡he cOpar1mE'f1ta lertaf or
~\":~¡:1¡u~it:n jnd¡-Cz¡Ü~g ~ht'i P€'!'50f"i gIVB';:¡ 5¡:';r;~Jt1jre ;3UthO(ftV. ¡-hB lettc~ indiaHing d~~egatJon of signature fJuthcrity
ïnüM t)C sìgned b'y' the G~'n(~f 0ffiçt~r Oí e!ectr:d offic:;¡! ~nd the pe~(¡ fBœ!ving 1~¡gn.atUJ e (3i.õ;-thOIìt;l. The ~ettar
rnus! Z1J~c ßp~dfy the dut~~oríry b~n I·g de!t)gi!t'Cd
36. Personnel Changes
UDor wnpier1t'}€:rn:at:cn at the prcje~t ~n :r,e eve,nt there is a change :n ChIef Ex.ecuthif~ Officers Toí 11"',6
~~ubgrante¡;: or irnpiümen1mQ .!\geney. PrtJje1~ Oirestor. or ('"..or-tact Person, tnf:'~ DspB.rtment must be
notified in wnting v,i1h dQcumentation to in dude appropriate signatures
37, Supplanting
The subre.r,ipifon! J9re~$ th:z¡t fund¡l1g unc€.r this aWned Wlli be used to suppíeme-rlt, but [101 S:.JDP¡ant,
::~tet8 or k)ç,a¡ f"lu1cb for h(J1Tloiand securitv pt'~pared!1ess Costs a/!{;cated or included In any ot.her
f:~êer.al!y T1.!lanCeC ~'r¡!";~;ram must not D€- It'~c!uded
LEr?,i,J,;'pi'Ci1r,¡~'n
S.1.<iM F.:;r~~d 'r'fj'.tii! .'?C04^200S
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~--'--
Law Enforc8m&nt ïerrorl$f'fl PNlventJOf/ Program
Florfda Department Of Lãw EMorcøm<mt
Agenda Item No. 6C3
February 8,
Page 26
3&. Use of Funds
The 'SUbreciplent understands and a.gre6s trlat it cannot \.ise any funding uMer t\1u5 aware either directly
or indirectly, \0 'Support 01 tht'! enactment, repeal, mooîffçation or adoption of any law, regulation or
pcUe!'. at any levt>! of government without the expras5 prior written approval or the awarding agency,
3'3. Categoric;¡¡1 Exclusions
The subrecipip.J1t understand!> that funding under this award !$ to enhaoce Its capabilities to prevent,
mspcnd to and rer.;över!rorn fflcíoorrts of terrorism IIwol\ling chemical, bió!ogi<;3L r¡¡¡dialogical. nUClear or
explosive weapons ood eyeer attack Ëquipme"t purchase! for thÍ1S S\.ltgrant aæ te"'Æctad to 18
categories that range ¡ram personal protective equipment to search and rP.J!Cue equipmem, tocyber
ooclIrìty equipme,,¡ amj related ::œt1S. ThIs action oon$e<!ueritly meet1! the OJÞ's cmeria tor œìßgOOQ!lI
¡:X¡;¡uskm as ()I')nt:lined in Tille 4C, paragraph 4(b) of Appendìx 0 te Part 61, CFR. ,AdditioflsJIy,1I1e
ptt:.posed action is r1either a phase nor a segment of a project Which when viewed in its entirely ""ouid
!'1()t meet tM criteria tor a c;¡¡tegoric:ai e.(c!lIsioo, NOM of !he foHowtng adivitie¡¡. will be! condtJCted either
under this actIon or a re\.atad third party acti<)I):
1. New construd\on
2. Any reno\lation or remodefing of a property enher (<1) !ístecl or, or eligible ior lis\Jng 011 the NatíonaJ
RegIster ci Hi$tonc P!ac;.es. or (b) located within a iQO-year flood plain.
3. A renQ"ation which wfJ! chang.. thE' basic prior use 01 !I facifily or sígnmcantJy change Us 5rZ:è,
4, Research and œ<:hnOlogy whose antiçipated i3r\d future applicatiOn cQuk! be eXDected to rtiÎve an
effect en thE'; eÎiv~rCnrnènt.
,,', Implementation af a prc.gram invohiing the use of chemicals
40. AuthoriUd Equipment Expenditures
The eq'Jipment, goods, and !!upplil(.~ ("the eligible equipment") purchased with fund!! provided under th¡~¡
agrE*!ment are for the purpaS$s spe,CifiGd Ü1 "Florida's Domestic Security Strategy". Equipment
purchased witI', these funds will be utilized ir1 the (W$l1t of emérgencies including, but l10t !imttecl to,
terrorism-related I'\a:z:ards. The subredpient shall plaCfl; the equipment throughout the State of Florida in
SU"ch a manner that, m 1I1e ovent of an emergency, 1he equ¡pmtW~ can be depjoyed on the scene 01 the
¢mergancy or t..-e avaHable lor use at ;3 fixed ¡oca~¡on wiìhin two (2) hours of <1 requa..'It for $aÎd
depìoyment The F;odda Dep1;u1mont of Law EnforcemMt (FDLE) must app.rQ'Ie af'IY purct1asi!!$ of
~qulOm¡;nt net íienlll.ed in a pro¡E:C!'5 approvM Inilial Strategic Implementation Plan (lSIP) In advanc.e.of
the purcha~,e.
The slJbrecipient wll!. in sccordanc~ '/!lith me statewide mutual aid El9reement or other emergency
rE7SpOn¡;e purpose as specffied1n the 'Florida Domestic Security Strategy,· ensurP. that all equìpmen:t
?\Jfcnased with t'1ese funds is uaed to respond to any ¡;¡f1ti al! mGiden!:$ within its regiúnal respoose .area
as appl\(-,.able for 50 long as this Agreement remainS ìn affect Poor 10 requesting a resp-onse, tflB FDLE
'Mil taka pmdent and appropri;¡¡te action to determine thatihe lavEd or intf,!1sity of t>¡e mcídent is such :h.,t
. the soeda¡¡zed eqUlprner\! and reSOlJrc~s are naceSsarl to mitìgaœ the o\.!tcome entia Incident
1 tIe StJbreapii!nl shall notify the; FDLE Office of Dorner.¡¡\tc Preparedness at 2331 PhlHìps Road,
l'a!lahassee. Florida 32308 008 year in attvance of the expiration of the equipments po6ted shelf-InE!! or
normal Jífe expeç,taney or whe" It has ~en expended The $L¡breciplent shall IiOtffy the FDLE
immediately if th,¡¡ <::quìpment ¡", de~rroyed, lost, or stolen
The sub recipient shalJ not transfer. rent s.eÎL lease, atíenare, dom,¡¡e, mC',rtgag€, encumber ofothe!wise
dispoSi?i of the gligible et]llipment ,...At"~)Ut the poor written consent of the FDLE,
LEi? p.ppfft;atr~ìI¡
Silr.t6' Pi:It~J.t "/~)JW- 2004"'2OC'~
23
-,-~-_._--
- -------'.-.
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LswEnforc:ement Terrorism Prevention Prooram
.,. F/orirJ;¡¡ Deparrmerrt f)fli!w Enforcement
Agenda Item No, 16C3
February 8, 2005
Page 27 of 29
,'.--'.-----.,---..-.-
H. SIGNATURE PAGE
Submit t'NO (2) original-signed copies of this page
iN :¡\lfTNESS \tVHEREO¡:: the r.'€lJ1HS'S ¿ff;r;r~ th~' ê.3Gh !¡}'we reac ,~nd scree to th~ ~ndit1ör,s set
font1 ir¡ thi~ agr¿€rnent 1lave' re2:..c and t1nde,rsÞ:lnd the agreement )1'1 Jf"$ el1tJrsty, and have
Ðxec:....:teÖ this agreement by th~lr dW:1 3l:thcnzec offec-srs ON the date, rr,-cnth and year s-et 0t.ct
cejow.
(Corrections on this page inciuåing s:ríkeovers, whircouts, ete, cannot be accepred.)
......-...-..
Slate of Florida
F!Ori02 D~partment ö-f Law EJlf{)n:,~!~nt
Ofiìçi! of Crimin"i .Ju&tice Grants
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Agenda Item No. 16C3
February 8, 2005
La.w En10rélilment Teactisrn Pruvention Program ._._.--,__.___..._ Page 280f 29
-------------riõridê i)~rtmenr of Law Eñ10rcement --
H. SIGNATURE PAGE
Submit two (2) o(igì/ll!ì·signed caple!> of this page
iN \fJITNESS 'NHEHEOF. ¡h,: parüesa1fiml they each htw':'! read and agree to the conditiolHI
set fcrth ì~ this aqrC!lernent have read and understand the agreemer11 :n ire e(\i!reíy. and have
eX6C1Jt!:d thjsag~*rrG;r)t bV their duty 3:uthðrize<1 o-fflce.rs en the cut.:. month âj?d yetf¡.r set out
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(Corrections on this page including strikeovers, whiteouts. ~tc. CI:Inflot b41 accepted.)
State of Ftorida
Florida Department of Law Enl'otcßrm!lnt
Officè of Cnm]n¡¡¡1 JustiCE; Grants
SígnÐtltre._.
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Subgrant Recipient
Nam.e ;:)1 Govermrtentsi
C(!ll.ler
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Law Ealv(CsmerrtTerrori:.-m Prl!W(çntJö1J Program
- FIOrtdÐ Ol'ffNirtment of Law Enforcemem
Agenda Item No. 6C3
February 8,
___ Page 29
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I. EQUAL EMPLOYMENT OPPORTUNITY
CERTIFICA TION
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_J~lJ!3~~~~~!I R~Ç.!F."EN!L
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MI, Gíaytcn H. Wilder
C.ort~,~unit}" Pfl:grarr: ...~,drJ"J!ïÜ5trdtor
Florida Department of Lay,' Enforcemem
Offiœ ç.f Grim:õai ,ji..jstiœ C,ranfs
2331 Ph~¡;¡p:; Rcac
TaUah2$$CC" F!crida ;':2308
H~: C0mpiiancs< wi{n Equ3f Ernpioyment Oppcr'Wrlfty {EEC) Program
Hequircr:-renrs for the Sutgrant Recjp~ent
Df2í ~"'¡r. '/\'Hdi:::r'
i. THE UNDERSIGNED AUTHORIZED OFFICIAL c~rti.fy that :Jcc~rj;ng 10 ~ctílJn 6C,1 of the
Omníi)u:: C-:~me Cnntn:!J a r.~~ Sðfé Str¿;:et.s i\Çt -::;f 1968 ,~~ aníended. thet ; haVij read this ~,~~ Cirtaris $.¿$t
f()tl'h in the âÿJ¿GLêJ.lL6.r;:.rJicatiQ.n..2.ack3ce aD9.J8ll~1;_£tQ.0-ª. i understand that fF Lt-¡e 5ubgrsnt r6.c~p~en:
meets t!1is criteriQn, it must forrT1l!iatf: implement and !T¡ein!SIi1 iii WrItten EEO ProQram relatìrw 10
~;rnpioymç!n µrac:¡c~s aiiectin;; m¡ncrt~y perscrlS m'jj ';It:orner:, aJ$o affirrn tJ1at the SÙbgrEnt reöp;ern
(!f1fu-:El ena of !he: ir;yJI:0wing}
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DOES meet µ"C't '~:;nt8~ja :an>:! (j-c~{'S not flEtVe a currer:!' ËEO Prograrn P~ar
D08:, rot ~'nf:et Act C:th.~¡ii&
; FURrHERA.FFrRJ~~ thai if the r.~C:pient ~':1eets the Act Crteria et'!d d-ces r;-o~ have 3: curr-e-nt wntten
EE-O P:-og:zm, 'f.¿.Gera,: raw (aquirëS Ii to f'ormuiate, fmp,ernent and lTiG.J1't:Ún such a prograrn v¡¡fthin 121-
Gays after a $ubgr:.mt epoiicat:!'Jf! for fe.der¿;¡j aS1;iatancf; !~ approved or face loss of federal fuoès
SignatUni! of chit'! offic!aí:
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Agenda Item No. 16C4
February 8, 2005
Page 1 of 3
EXECUTIVESUM~Y
,-
Recommendation to award bid no. 05-3777 - "Purchase & Delivery of Sulfuric Acid" to
Sulfuric Acid Trading Company, Inc. in the approximate annual amount of $400,000.00.
OBJECTIVE: To award Bid No. 05-3777 for the purchase and delivery of sulfuric acid to
Sulfuric Acid Trading Company, Inc., in order to continue the treatment of raw water.
CONSIDERATIONS: Sulfuric acid is utilized in the treatment of raw water and the production
of potable water as a pH control to lessen membrane scaling and to optimize degasification. On
December 22, 2004, forty-one notices were sent to vendors advising of the opportunity to bid on
the delivery of sulfuric acid On January 13,2005, three bid packages were opened with Sulfuric
Acid Trading Company, Inc. submitting the lowest bid of $0.472 per gallon container and $61.70
per ton net. All legal requirements have been met. Staff recommends that Bid No. 05-3777 be
awarded to Sulfuric Acid Trading Company, Inc., as the lowest, qualified, and responsive bidder.
The bid tabulation is Attachment A to this Executive Summary.
,-.-
FISCAL IMP ACT: Funds for the purchase of sulfuric acid are budgeted and approved in
County Water/Sewer Fund (408). The estimated fiscal impact represented in the following
recommendation is based on estimated quantities listed in the bid infonnation. These are only
estimates used for bidding purposes and shall not be interpreted as the Board's authorized
expenditure limits. The final determination for the level of expenditures will be made based on
the demand for potable water.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact in the
approval of this purchase.
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing
Board of the County Water Sewer District, award Bid #05-3777 to Sulfuric Acid Trading
Company, Inc., in the estimated annual amount of $400,000.
PREPARED BY: Howard Brogdon, Laboratory Supervisor, Public Utilities Water Department
r-
AgemJa Ham N(.'I 16C4
Fob"'.')! 8. 2005
Page Z 01 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item NumtM,
"Item Summary
1tjC4
Meeting O.te
RI!CClmlT\Ðndatiofi 10 award bid nCl- 05·3777 - 'Purcì1aae & Delivcry of .sulfuric Äcid"'0
Sul('Jric Acid Trading Company. !nc in thl) approximate annual amO'Jni of $4\00,000, (to
2/8/2005900'00 AM
Prepared ø" I)ate
Howa.rd fJrol1<1Of1 laboralory S~pe""'l\óor 1(19/2UO& 10:"2:31 AM
Public Utllltle. Wa!er
App,..ed By
Lvn Wood purchillih1tiJ AUflnt Oa'..
Admlnlstr.lUvl!! ServIces Purc.l1aslng 1I1912QQ5 3:56 f'M
Approved By
How..ud Braudo" Labot..tory SlIpclr'fh¡or Vat !'
Publ~c unlit!. ¡. Wat., 1/20'200612:07 PM
Approved B)'
P, u! M;¡ttau,"ch Waler Olrector Dote
Public lItJUlla$ W&l:c!r 1J2GI2( Oli11:HAM
Approved By
TIlCnnu wtd..s opÐratio"~ DlrltctcI D¡¡¡III
P~bllr.lJlII tht1i Public 1Jt:illtlel> Oplllfaljons. H2.1iJ2005 5:1fi PM
Approved By
Jarne$ W. DeL.ötlV PUbUc Utllltk:lli I\tUnll'lbtr.tor 0."
Public UtlHtifl.. I-'ublh:. Utllltlfls Admjnl,tnU,," 1,'27120054:5\1 PM
Approved By
OM A CMrrlinatof Adm!niiiuatlvr. Alilloløt..nt D¡ I¡le
Count'¡l ManoQer',. OffICI!! office of Manllq.mont 80 BudGel 1rl&1200512:"'J NJ¡
Approved By
Rand~ ßr~enwu¡d MMugt!lml!'ntf8\1dgClt AnallY'\It Oiltl!'
County Man_oer. Office omee 0' M,¡",agen1ent.. Budgo1 1128120053:11 f'M
Approved By
MlctlMI !:5rnykow»kl MilnagemMt &.l\lJdqf!t Dln~elQr Dale
COllllly Mun_oar's omtJe 011h;:e of Mltn*\lBment & Budgltt 1'2a12DOS .4:o .6 PM
Approved By
James V. Mudd County Ml!lnilQet' QiII1e
Bo¡"ci (1f Cnllnly
co",mi~&loner, County M4I",a"et'ä Offlctt 113112005 12:Ð9 PM
Bid #05-3777
"Purchase Delivery of Sulfuric Acid"
Project Manager: Howard Brogdon
Date Posted: December 22. 2004
Agenda Item No, 16C4
February 8, 2005
Notices Sent: 41 Page 3 of 3
Packages Received: 3
Date Due: JanuaN 13 2005
Sulphuric Acid Allied Unlverael Tl1Inalmmonle,
Tl'1Idlna Co. lne.
OESCRlPTlON
Sulfunc Acid
SATCO, Tampa, FL,
and TECO Polk
Power Station,
Brand Mulberry, FL Varloue 93% NSF Certified
$ Per ( ) Gallon Container $0.478142235 per
$0.472 øer net aallon No Bid 1 aallon container
$ Per Ton $61,7 øer ton net $69.07 per ton $62.49 per ton
(Minimum delivery
25 tons)
Shipping Chargee Must Be Included In all Bid Prices
(FOB Destination)
Vendor agrees to supply training pursuant to the
I soeciflcations CYIN) y y y
ANSI/NSF Standard 60 certification orovlded IY/N) y Y Y
,
Aãënt: :/
Brenda Brllhalll: .,... /.....
Wltneas: Sue Hebbe ..d?..,. ..........- 7
Page 1 of 1
.-.---.--......--...-.....
........-.-
Agenda Item No. 16C5
February 8, 2005
Page 1 of 3
,,-
EXECUTfVESU~Y
Recommendation to approve budget amendments to transfer carry forward funds in the
amount of $53,500 from the SoUd Waste Department and $85,500 from the Pollution Control
Department to fund the final construction portion of the Office Renovation Project for the
PubUc Utilities offices on the third floor of Building H.
OBJECTIVE:
To provide proportional funding to complete the renovation of the third floor of Building H.
CONSIDERATIONS:
On September 18, 2003, the Board of County Commissioners approved the Public Utilities Office
Renovation Project in the amount of $700,000 as part of the FY 03 Forecast and the FY 04 Budget
(Agenda item #2H). It was original1y anticipated that the renovation project for Public Utilities
offices would start during FY 03. The detail design portion of the project did not start until FY 04
and actual construction did not begin until FY 05. The total estimated cost of the Building H, third
floor Office Renovation Project is estimated to be $700,000 as originally approved. Of that total,
$561,000 was encumbered and either spent or carried forward into FY 05. The cost of the total
project is broken down as follows:
.- Fund # Fund Name FY04 FY05 TOTAL
114 Water Pollution Control $103,500 $ 85,500 $189,000
412 Water Capital Projects $196,000 $196,000
414 Sewer Capital Projects $196,000 $196,000
470 Solid Waste Disposal $ 65,500 $ 53,500 $119,000
TOTAL $561.000 $139.000 $700.000
Budget Amendments were approved at the December 16, 2003 Board Meeting, Agenda Item 16C22,
to transfer $189,000 from the Water Pollution Control carry forward funds and $119,000 from the
Solid Waste Disposal carry forward funds to fund the FY 04 operating budgets for these departments
in order to complete the renovation project. Due to an administrative error, a portion of the FY 04
budgeted funds for Pollution Control (in the amount of $85,500) and for Solid Waste (in the amount
of $53,500) were not rolled forward into the FY 05 budget, and therefore were transferred to carry
forward at the end of FY 04. It is now necessary to transfer these funds to the FY 05 operating cost
center budgets in order to complete the renovation project in FY 05.
FISCAL IMPACT: The total estimated cost of the Public Utilities Office Renovation Project is
unchanged at $700,000. By transferring $53,500 from carry forward from the Solid Waste Disposal
Fund (470) and $85,500 from the Water Pollution Control Fund (114), the total estimated renovation
cost of $700,000 for this project would be fully funded in FY 05.
r-
Agenda Item No. 16C5
February 8, 2005
Page 2 of 3
GROWTH MANAGEMENT IMPACT:
There is no growth management impact associated with this Executive Summary.
RECOMMENDATION:
That the Board of County Commissioners approve budget amendments to recognize carryforward
of $53,500 in the Solid Waste Disposal Fund 470 and $85,500 in the Water Pollution Control
Fund 114.
Prepared by: Joseph G. Bellone, Operations Supervisor, Public Utilities
Agenda Hf.!m Nr.! 16C5
February 8, 2DOS
Page 3013
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summ.ry
16r.::,~,
APP'(Nf! b\ldy~ .arn~ndrne'.ts ti) f"'¡II,~¡f8r (;iWY rorvJ<lr~ rundti In It1f, .¡trO(IUtlt or .$S:t50Q tmrn
Irll!i ~¡olld W;¡¡st~ D~U¡j11tY1enl imd $85,SfJO froll'\ ttlt! f'~I}II(Jti,) 1 CWIIr(li L)~partf.l'le'lt 10 IUl'ld the
f n;~1 c¡)n~lt'lJctiol1 porti~'n of the Office R....novi!lhcm Ptoie~t for the Public. Ut:llitifUI arh:;"" on fh....
thi~d 1100r of B~jld;ng H.
;(16,1;~005 ~: 00'(10 AM
Meeting C.te
Prepared By 1,)lIte
.JOS.f!flt'1 aeUoflt- Df lIIr¡¡tlOII~ S f~rvl~ot 1/;/A/ZflQS 9:f)4:22 AM
P~!bllr.- Utllltlrrli P\lt!lic UtllJtllffi Opl!-raUons
Approved By
Ray 5rtdth Dlret:f;or D<ltt!
PU'Þllc Uttlltleß Pollutfon Control & ~)"!'/ention 1t2.t!100~ 11:46- AM
Approved By
G, ~.ftotn(! VUnur. Solid W/Ut.e OIrr.GtN Olltf!
Public Utilltlln, Sofid Wa~tt! 1/24/20D5 12:21 PM
Approved By
Thomas Wide] OpetatJ0l13 DIrector Date
PU'tJllc UUIltI<!1I put n[~ Utilities oþlt ..tto,,~ H2:SJ2Q06 5:15 PM
Appro,,·cd B)'
James. W. DeLany Public Unlltíes I\dmlnls.tretor Date
PlJnltc.lltlllllr..'Io PlJbUc lIttlllir.$ Adm I1lutratlrxl 1/.:;1712005 ¡I;~OG ÞM
Appro,'cd B~
arAB CoonJllllltm Ad"IIII'f tr~ti\'e A\i"$jslanl D.ateo
County M.aonl J'r'~ OH"ico Oftlr.l!- or MMO'ílll'mont Ii< RUdget Hl8/2oo5 '1.::1:41 PM
Approved B~'
Randy Gret!nwald M.1In.a9*mentlßudget An;ll~ ,'j;t DatI!'
t:OUtUY M.:InJJ{JÐr'!1 OfficI'! ornee of Managen1~nl ø. nudgrrt '112a'2Q05,L'H1 PM
Approved B~'
Mich,;¡el Smykownki MilmtfJt!mllltJI & R'-fdg(!~ OItr.clor Dal"
c.oontv M.IInftget'1> Office Office or Mønage"lent & BUd¡ l!It 2/1/2006 8:4B AM
ApprDvcd By
J"me~ V, M\4dd County Man.ngef rJ.1tr.
Board of Coul1ty
Commj,,,!onflt>. County M.n.(, er'5 Office 2/1/200& 9:30 AM
-
Agenda Item No. 16C6
February 8, 2005
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, as Ex-officio the
Governing Board of the ColUer County Water-Sewer District, authorize payment of
$72,000.00 to Univar USA Inc. for chemical purchased (50% Sodium Hydroxide)
and used, on blanket Purchase Order until chemical negotiations were finalized and
low bidder estabUshed.
OBJECTIVE: Recommend that the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District, approve payment of
$72,000.00 to Univar USA Inc. for the purchase of chemicals to continue chemical
treatment of water to produce safe, quality drinking water at the North and South Water
Treatment Plants for Collier County residents.
.-
CONSIDERATIONS: The bid for sodium hydroxide (caustic soda), which is used to
produce safe, quality drinking water, expired October 31, 2004. New bids were
requested and opened on October 27, 2004. The Bid Tab established that Univar USA
Inc was the low bidder on Bid Tab page for 04-3706 "Chemicals for Utilities 2004", at
$395.00/ton. A Blanket Purchase Order was opened on November 2, 2004, for
$25,000.00 using the prices offered by the apparent lowest bidder pending award. During
the bid evaluation process, staff determined that the offer tendered by Univar USA Inc.
included a quarterly price escalation clause. Since this change was not acceptable, staff
recommended and the Board of County Commissioners rejected the bid offer :&om
Univar USA Inc., and awarded the bid to Allied Universal at $458.85/ton on January 11,
2005, Item 16E4.
Orders were continuously placed with Univar USA Inc. until the award to Allied
Universal became effective.
The amount payable to Univar USA Inc. for orders placed and goods received is
$72,000.00, which is equal to fifteen (15) shipments of Sodium Hydroxide :&om
November 9,2004 through January 7, 2005.
. FISCAL IMPACT: Funds are available in County Water-Sewer Operating Fund (408)
at the North Water Treatment Plant.
GROWTH MANAGEMENT IMPACT: Payment of this amount does not have any
impact on Growth Management.
RECOMMENDATION: The Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District, approve the payment of
$72,000.00 to Univar USA Inc. for chemicals purchased and used in the processing of
safe drinking water.
Prepared by: Barbara Olko, Administrative Assistant, Public Utilities
-
'--~, ._~....._...
AUf:1ndB Item Nf.\. 16C6
F~lmJary 8, ?OOS
Page ::0 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
1~C;6
Meeting Date
r-<e,I::urt1mer¡d tl'<lr !tIE! 61:¡Jm (It Ce)U!\tl¡' C(JrNI"I¡~~i¡)nt!rn, ,¡m E:c-()MiclO Ih~ Gov~ntlnç Bm¡r¡j OT
trll~ Collier C(¡¡.mty 'Nn1er·,f:,tM'tlt Di:¡~n:l .Hlftl(l;1;:t! p;!Ij'rl1P.'1f I)t ~;;'2, CKla 00 Ie, U"j\l.i\I' USA 1m
for ohemical pl,rcha6.ed [50ijÆI f¡ar.tILJrn Hydroxide' and ll!-p,d, Qt1 olanl..et P~Jrçh,¡ ..e Order until
ch~m¡ca I1Ogotiat;ons were ~naii.z~d ilnd 10\'1' bidder ~s.tablifí,h~d
2IR¡:~C:05 9 DQ-CD AM
Prepared By
Oale
narb.1ns A. f>lko
Ad",~fI¡sttuti\;n AU$I.' .~ant
1/2GIó!OI.Hì 12:25:31 PM
P\lbll" UtlUtlws
Publh: Utilitl1u OþlttaUol1$
A Jprovcd By
FI,IIml/!la Libby
W~ltr,.r Dp~r.tlþI·Ui M,tnagu,
Dille
Put/He UUlllles
Water
112612005 12:52 PM
Approvl..'d B)'
Bala Sridhar
Sf'l1inr MalMgl?1mal'ltlBlJdgl/tt Anl1IYfi.t
Q'It':
P-ubti~ UtUttlCJl,
PUbtlc UtllHleli Op*ratJonM
1126/2005 2:11 p~
Appro\'ed B~'
lhumas W!dn
OperøtiQll$ Director
D...
Public UtlUtlu
PuhU(: IJtIIltléft, Op.eUltlDft:i.
1/2812005 3:05 PM
Approved 8~'
Steva C"rneB
Pun:h...íngIGe"efill $'Vc-s Oircctor
Dille
AdMI "1Jfottatl~C' Sr.r'ljcl! ¡
~1Jrt:h,l!¡¡l'1g
1J27/].00r. 1.ô!; ~ PM
AIJ lroved By
J; ;tTlI~1ó W. Ual,<Jt\y
Public Ut!Jnh~¡. Adrnlflfßtrll.ttJI
D...
PuÞI!r: UtlHtI!!'\O
Public: tJtilJtí~" AdmInistration
1l21'1;1:U05 G:l1.4 PM
Apprfwcd By
OM B CUQrdln~tor
AIJtnlnl~lr;.'ltlv~ Ä,ult.tilnt
OJ t~
C~unty Mimlku~r'!t Offlc:e
nmctl (of M.,"an"~nt &. BUdQat
112u/;.>nos 1;13 PM
AIIIJrO\'cd By
Randy (;f(!C'lIwl_jd
M;Jno1l.U(~",""lifl rJg~( A.nulY$1
)aLf!
County Manager'$ Office
Office 01 MøllagemC!nl & BudDe1
1/26/2005 2:3-4 r~M
Appro\'ed 8J
Mjr,hael 5mykow.'Jkl
Mllnitl,'ll!!mr.nr & Bud\1et Ojrl!!Ctor
U<ltr.
COUnty M.an,ager'f omce
omc(t of M.anagement &. l:Jodget
1128'2006 04:50 ~IM
Approvcd By
Jamrr.,; V Modd
C('Iunty M.lna/JIH
a_If!
l'In.rd of C!)¡¡oty
CQmmlnloners
County Mi.\rlaQe($- Offk,C'
1/3112005 1 :4~ r~M
Agenda Item No. 16C7
February 8, 2005
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation to execute the Notices of Claim of Lien for the
enforcement of the notice to pay sewer impact fee for certain properties
located in the former Rookery Bay Sewer Service Area. The fiscal Impact
is $130.00 to record the Notices of Claim of Lien.
OBJECTIVE: That the Board of County Commissioners as the governing
body of Collier County, Florida, and as Ex-Officio the Governing Board of the
Collier County Water-Sewer District authorize the Chairman to execute all
Notices of Claim of Lien attached for properties that have not paid sewer impact
fees within certain properties located in the former Rookery Bay Sewer Service
Area.
CONSIDERATIONS: The County purchased the Rookery Bay Utility (RBU)
customer base on February 1, 1999. In accordance with Ordinance No. 98-69,
over 1,300 property owners had been notified by certified mail that they were
required to payor make arrangements to finance sewer impact fees. Staff
estimated that as many as forty (40) sewer customers had either not paid or
had not been notified and that further analysis was required. Analysis identified
the forty properties that had not paid and in June of 2004, staff issued Notice
Letters via certified mail to the current owners of these properties. Second
Notices were sent via first class mail on August 23, 2004. A briefing of the
process is attached. Owners have the ability to finance the sewer impact fees
for seven years at a variable interest rate that is established by Florida Statute
each year. All properties to be liened have had in excess of 180 days to pay the
fee or arrange financing.
Notice of Lien for Delinquent Payment of Sewer Impact Fees letters to property
owners have been prepared and upon execution and recordation of the liens,
staff will proceed to mail said liens via certified mail:
Folio Number Dollar Amount
48480640000 $1,055.00
48483320000 $1,055.00
48485480003 $1,055.00
51665001147 $1,055.00
68891240008 $1,055.00
81620400009 $1,055.00
81621120003 $520.00
81623760005 $1,055.00
81620560004 $1,055.00
81620600003 $1,055.00
81630800000 $1,055.00
31155007024 $1,055.00
31155002508 $520.00
1
Agenda Item No. 16C7
February 8. 2005
Page 2 of 21
The County Attorney's Office has reviewed and approved the above listed
Notices of Claim of Lien for legal sufficiency.
FISCAL IMPACT: Funds are available for postage and to record the liens in
County Water/Sewer Operating Fund 408. Sewer impact fees and delinquent
interest charges will be collected from property owners in accordance with
County Ordinances and Laws of Florida, and deposited in the sewer impact fee
fund (413). The impact fees for these thirteen (13) properties total $12,645.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners, as the
governing body of Collier County, Florida, and as Ex-Officio the Governing
Board of the Collier County Water-Sewer District, authorize the Chairman to
execute the Notices of Claim of Lien for Sanitary Sewer System Impact Fees
for the collection of the sewer impact fees and record those same Notices of
Claim of Lien within the Official Records of Collier County.
PREPARED BY: Joseph Bellone, Operations Supervisor, Public Utilities
2
Agent.lI:! lIf.!m No 16C7
P·ebrl.l.:try 8, :W05
Page 3 01 21
COLLIER COUNTY
BOARD OF COUNTY CfJMMISSIONERS
Item Numb.,
Item Summa,y
16C7
·Rt!cfm"!'Iefldatk~n to eO::/!'Cl.Jte the Nntrce!¡ "r CI<lirn I)f LiM for Ihe eI1f¡'f(;e'l\tmt 01 the Ilctti¡;~ to
p.a~' :H~"'''er ,'1'I!pa:;t te~ for {:ért"ir~ prop!!!ftie~¡ lo(;al~(1 in the j(tlmer r~(I¡'k~ry BllY S~wf:'r G~I'\fI(:t!!
AI'~tJ,. T~o:! fis.c1II11f!\PoiIt:;f;6 :¡;, 30 '10 tc. record 11',e NoticM; (II C/¡Iim (if Lien
M"üng Date
Prepared By
~!~l2005 9:0000 AM
Dale
Jo~UtP" ßellon"
Operationli S\IØflrvi~or
if18JZ['IUS J,:S6:<49 PM
P\iWlr;UtHltln
PUblic UtHitle!Õ Operation'
Approved B~'
Jonpn BI!1!OfIIt
()þa,"Uons gllþtHV~50r
Data
Publ~c UU/ltln
Public Utilities Opet'o1~IQn~
'1241200612:15 PM
Approved By
Thom"fi Wld~5
Opetatï )tJ I. Dirl'c.tor
O,t"
PlJbllJ: UtlHhCl:l
P~bl¡(: Utì ¡ it~t l1f)ClTßlioll
11;/G/20Q5 2~11 PM
Approved By
JelI1I)Ä,YC.I\\IW$k)l
Utility BIIHf1g D¡r~c:t u
0,1111'
p\lbUr. tJllI/tllt!>
UDC8
112fi12006 ·IO:5D.AM
Approvcd By
Jamtls W. DeLartY
PotJIlc UtUllles J\dlnil'lh.trðtor
Datø
Po-bile UtlIlHCI,
Publlç. utfll\Í(I$ Admjrtis;UutJoo
1f2ß/2fJa.!i 11:41 AM
Approved By
OMS CC)<Hdin,,~o,
Adt'?lll1Jlittative AlIsjsl.t1l
O.le
COlll1t~' Mani'lI,tCir's. Of'1IC/!
Offtc.e vr MøfiitÇlemcmt & BudVt;t
112$/200512;:613 f'M
Approved ø,·
Rondy Greenwald
Man( 9f!!mftntlß~ldlilet ^nø;I~{t>t
Dat!!"
County Ma"..ger'ti Office
Ottlçe of Managemlllnt .. 8Uduet
1J28/2006 1 :49 .~M
Approved By
Mlchaal Smykowskl
M.magflmertt & ßYdgot Diute.tot
Date
c.ountv Manager', Offlr.e
Otflce of Mllnag~mel\t & Bud~et
HJ1/200S 12:18 ¡'~M
Appro,,'cd By
Jo1!T1U V. MUcld
County Mananer
O.ltc-
ßoard (if C;OUI1Iy
f; )mmluíol1(1tli
County Manatier's Oft\CfI
1/31f2oo5 1~:l6 r'M
. --~"'_.__._~---
Agenda Item No. 16C7
February 8, 2005
Page 4 of 21
This instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Please returned copy to: Collier County Public Utilities
Operations Department
Property Owners: Charles and Marie Smith, Tr.
Folio Number: 31155002508
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of
Florida, and other applicable provisions of law, the Board of County Commissioners of Collier
County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing
Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for
Sanitary Sewer System Impact Fees on the following described real property located in Collier
County, Florida, to wit:
Lot 21, Jasper Drive, Enchanting Shores Co-op, a Co-operative Mobile
Home Park located in Collier County Florida.
TO HAVE AND TO HOLD the same unto the Assignee, and Assignee's executors,
administrators, legal representatives, heirs, distributes, successors and assigns, on and after the
date hereof.
The mailing address of this property is 21 Jasper Drive, Naples, Florida 34114. According to the
Public Records of Collier County, Florida, the described property apparently is owned by
CHARLES AND MARIE, TRUSTEES of the C & M Living Trust, whose mailing address is
1719 Blue Lick Road, Henryville, Indiana, 47126. This Notice of Claim of Lien for Sanitary
Sewer System Impact Fees is in the principal amount of $520.00, which principal amount shall
accrue interest nom March 10th, 2005, at the statutory interest rate for final judgments,
calculated on a calendar day basis until paid.
Dated this 8th day of February, 2005
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO TIIE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
ArrEST:
D~GHTE.BROCK,CLERK
Apprnvt~d as 10 fcml1 and
legal ';ut1'icíencV' D. t,
o ~o I I~
ï-¡;~;;-~;Ht~~\~;;t C;;~t;;Y;~'Omey
BY:
FRED W. COYLE, CHAIRMAN
This instnunent prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Agenda Item No. 16C7
February 8, 2005
Page 5 of 21
Please return copy to: Collier County Public Utilities
Operations Department
Owners: J. Bryan Emory and June P Riggin
Folio Nwnber: 31155007024
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of
Florida, and other applicable provisions oflaw, the Board of County Commissioners of Collier
County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing
Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for
Sanitary Sewer System Impact Fees on the following described real property located in Collier
County, Florida, to wit:
Unit #3 Zircon, ENCHANTING SHORES CO-OP, a Co-operative Mobile
Home Park located in Collier County Florida.
TO HA VB AND TO HOLD the same unto the Assignee, and Assignee's executors,
administrators, legal representatives, heirs, distributes, successors and assigns, on and after the
date hereof.
The mailing address of this property is 3 Zircon Drive, Naples, Florida 34114. According to the
Public Records of Collier County, Florida, the described property apparently is owned by
J. BRYAN EMORY AND JUNE P RIGGIN, whose address is 19237 Savannah Road,
Georgetown, Delaware, 19947. This Notice of Claim of Lien for Sanitary Sewer System Impact
Fees is in the principal amount of $1,055.00, which principal amount shall accrue interest from
March 10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day
basis until paid. .
Dated this 8th day of February, 2005
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
Deputy Clerk
Approved as to fonn and
legal sufficiency:
~ \U1w---
Thorn C. Palmer, ASSIstant County Attorney
BY
FRED W. COYLE, CHAIRMAN
This instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Agenda Item No. 16C7
February 8, 2005
_ Page 6 of 21
Please returned copy to: Collier County Public Utilities
Operations Department
Property Owner: Raakel Braun
Folio Number: 48480640000
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of
Florida, and other applicable provisions of law, the Board of County Commissioners of Collier
County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing
Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for
Sanitary Sewer System Impact Fees on the following described real property located in Collier
County, Florida, to wit:
Apartment A-304, Unit I, Gulf Winds East Condominium, as recorded in Official
Records Book 508, Pages 165 through 224 of the Public Records of Collier
County, Florida.
The mailing address of this property is 1000 Manatee Road, Apt A-304, Naples, Florida 34114.
According to the Public Records of Collier County, Florida, the described property apparently is
owned by RAAKEL BRAUN, whose address is 1000 Manatee Road, A-304, Naples, ~lorida
34114-3935. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the
principal amount of$1,055.00, which principal amount shall accrue interest from March 10th,
2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until
paid.
Dated this 8th day of February, 2005
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY W A 'fER-SEWER DISTRICT
A TrEST:
DWIGHT E. BROCK, CLERK
Approved as to form and
legal sufficiency:
- ~-~
Thomas". Palmer. Assistant County Attorney
BY:
FRED W. COYLE, CHAIRMAN
This instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Agenda Item No. 16C7
February 8, 2005
Page 7 of 21
Please returned copy to: Collier County Public Utilities
Operations Department
Property Owner: William C. Nowlin
Folio Number: 48483320000
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353. Laws of
Florida. and other applicable provisions of Jaw. The Board of County Commissioners of Collier
County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing
Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for
Sanitary Sewer System Impact Fees on the following described real property located in Collier
County, Florida, to wit:
Apartment E-l 05. Unit I, Gulf Winds East Condominium, as recorded in Official
Records Book 508, Pages 165 through 224 of the Public Records of Collier
County, Florida.
The maiJing address of this property is 1018 Manatee Road. Apt E-105, Naples. Florida 34114.
According to the Public Records of Collier County, Florida, the described property apparently is
owned by WILLIAM C. NOWLIN. whose address is 1018 Manatee Road, E-105, Naples,
Florida 34114-3917. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in
the principal amount ofSl,055.00, which principal amount shall accrue interest from March
10th, 2005, at the statutory interest rate for final judgments, calculated on a calendar day basis
until paid.
Dated this 8th day of February, 2005
ATTEST:
DWIGHT E. BROCK. CLERK
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA. AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
Approved as to form and
legal sufficiency:
\~~~
Thomas C. Palmer. Assistant County Attorney
BY:
FRED W. COYLE. CHAIRMAN
This instrument prepared by: .
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Agenda Item No. 16C7
February 8,2005
Page 8 of 21
Please returned copy to: Collier County Public Utilities
Operations Department
Property Owners: James G. Ference and Catherine Kaylor
Folio Number: 51665001147
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMP ACT FEES
Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of
Florida, and other applicable provisions of law, The Board of County Commissioners of Collier
County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing
Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for
Sanitary Sewer System Impact Fees on the following described real property located in Collier
County, Florida, to wit:
Unit 226, Imperial Wilderness Condominium, Section Three, according to the
Declaration of Condominium recorded in Official Records Book 1368, Pages 1889
through 1927, of the Public Records of Collier County, Florida.
The mailing address of this property is 226 Cattleya Refuge, Naples, Florida 34114. According
to the Public Records of Collier County, Florida, the described property apparently is owned by
JAMES G. FERENCE and CA TIiERINE KA YLOR, whose address is 45 Kidder Brook Road,
Ashford, Connecticut 06278-1015. This Notice of Claim of Lien for Sanitary Sewer System
Impact Fees is in the principal amount of $1 ,055.00, which principal amount shall accrue interest
from March lOth, 2005, at the statutory interest rate for final judgments, calculated on a calendar
day basis until paid.
Dated this 8th day of February, 2005
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
TIlE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to fonn and
legal sufficienc):::
~.~
Thomas C. Palmer, Assistant County Attorney
BY:
FRED W. COYLE, CHAIRMAN
This instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Agenda Item No. 16C7
February 8, 2005
Page 9 of 21
Please returned copy to: Collier County Public Utilities
Operations Department
Property Owners: James Graczyk and Sherry Graczyk
Folio Number: 68891240008
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of
Florida, and other applicable provisions of law, The Board of County Commissioners of Collier
County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing
Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for
Sanitary Sewer System Impact Fees on the following described real property located in Collier
County, Florida, to wit:
Condo No. 31, Quail Roost Unit 1, a condominium according to the Declaration of
Condominium, in Official Record Book 960, Pages 1634 through 1723.lnc1usive, of the
Public Records of Collier County, Florida.
The mailing address of this property is 31 Covey Lane. Naples, Florida 34113. According to the
Public Records of Collier COWlty, Florida, the described property apparently is owned by
JAMES GRACZYK and SHERRY GRACZYK, whose address is 31 Covey Lane, Naples,
Florida 34113. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the
principal amount of$l,055.00, which principal amount shall accrue interest from March 10th,
2005, at the statutory interest rate for final judgments, calculated on a calendar day basis until
paid.
Dated this 8th day of February, 2005
ATfEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
Approved as to form and
legal sufficiency:
~.W~
'Jbomas . Palmer, Assistant County Attorney
BY
FRED W. COYLE, CHAIRMAN
Agenda Item No. 16C7
February 8, 2005
Page 10 of 21
11ùs instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Please returned copy to: Collier County Public Utilities
Operations Department
Property Owner: Jennifer Kile Colvin
Folio Number: 81620400009
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMP ACT FEES
Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of
Florida, and other applicable provisions of law, The Board of County Commissioners of Collier
County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing
Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for
Sanitary Sewer System Impact Fees on the following described real property located in Collier
County, Florida, to wit:
Unit No.1 0, West Winds Mobile Home Estates, a Condominium as more fully shown in
Official Record Book 630, Pages 1863 through 1932, Public Records of Collier County,
Florida.
Including a 1984 Claremont Mobile Home, Identification Number FLFLIAD397004793,
Title Number 40488746 with all attachments and improvements thereon.
The mailing address of this property is 191 Islamorada Lane, Naples, Florida 34114. According
to the Public Records of Collier County, Florida, the described property apparently is owned by
JENNIFER KILE COLVIN, whose address is 191 Islamorada Lane, Naples, Florida 34114. This
Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of
$1,055.00, which principal amount shall accrue interest from March 10th, 2005, at the statutory
interest rate for final judgments, calculated on a calendar day basis until paid.
Dated this 8th day of February, 2005
._-.----
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
A TIEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form andDlegal sufficiency:
. r~-
ThoÁer, Assistant County Attorney
BY
FRED W. COYLE, CHAIRMAN
This instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Agenda Item No. 16C7
February 8, 2005
Page 11 of 21
Please returned copy to: Comer County Public Utilities
Operations Department
Property Owner: Patsy BousfIha
Folio Number: 81620560004
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of
Florida, and other applicable provisions of law, The Board of County Commissioners of Collier
County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing
Board of the Collier County Water-Sewer District, hereby fIles this Notice of Claim of Lien for
Sanitary Sewer System Impact Fees on the following described real property located in Collier
County, Florida, to wit:
Unit No. 14, WEST WINDS MOBILE HOME ESTATES, a Condominium, according to
the Declaration of Condominium recorded in Official Record Book 630, Pages 1883
through 1932, inclusive, Public Records of Collier County, Florida.
Together with a 1982 Brigadier 24' x 56' Mobile Home, IdentifIcation number 38-56-
40846 A and B including all attachments and improvements thereof.
The mailing address of this property is 160 Pine Key Lane, Naples, Florida 34114. According to
the Public Records of Collier County, Florida, the described property apparently is owned by
PATSY BOUSFlliA, whose address is 160 Pine Key Lane, Naples, Florida 34114. This Notice
of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount ofSl,OSS.OO,
which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate
for final judgments, calculated on a calendar day basis until paid.
Dated this 8th day of February, 2005
A ITEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
TIIE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO TIlE
GOVERNING BOARD OF TIlE COLLIER
COUNTY WATER-SEWER DISTRICT
·".·_~,·.,,,.C'·'·W,·,U'~_^""''''A'.·^'^''.. '^..w..."..·.··.",.'.,...."M..h,...~,' ,.~."",.., h.,·...·~...,.._ "~m ..".....,^,.,... ,.,._.".,
Approved as to form and
legal sufficiency:
~ Ç?J~
Thomas C. Palmer, ASSIstant County Attorney
BY
FRED W. COYLE, CHAIRMAN
-~--
Agenda Item No. 16C7
February 8, 2005
Page 12 of21
This instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Please returned copy to: Collier County Public Utilities
Operations Department
Property Owners: Patricia L. Macciocca-Syphard and Lisa A. Delgarbino
Folio Number: 48485480003
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 2003-353, Laws of
Florida., and other applicable provisions of law, The Board of County Commissioners of Collier
County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing
Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for
Sanitary Sewer System Impact Fees on the following described real property located in Collier
County, Florida, to wit:
Building G-303, Unit 1, Gulf Winds East, a Condominium, as recorded in Official
Record Book 508, Page 165 of the public records of Collier County, Florida.
The mailing address of this property is 1008 Manatee Road, Apt G-303, Naples, Florida 34114.
According to the Public Records of Collier County, Florida, the described property apparently is
owned by PATRICIA L. MACCIOCCA-SYPHARD and USA A. DELGARBINO, whose
address is 118 Chippewa Court, Girard, Ohio, 44420-3608. This Notice of Claim of Lien for
Sanitary Sewer System Impact Fees is in the principal amount of$I,055.00, which principal
amount shall accrue interest from March lOth, 2005, at the statutory interest rate for final
judgments, calculated on a calendar day basis until paid.
Dated this 8th day of February, 2005
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF TIlE COLLIER
COUNTY WATER-SEWER DISTRICT
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form and
IcILal suflìcìencv:
~T~~
Thomas C. Palmer. Assistant Count) ,\t10rrle)
BY:
,,~µ,., .... _v,_. _,,_.....~.~.~_",__~m_._w."___.._",,_··__,....__·..__~uw. ._--
FRED W. COYLE, CHAIRMAN
This instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Agenda Item No, 16C7
February 8, 2005
Page 13 of 21
Please returned copy to: Collier County Public Utilities
Operations Department
Owner: Melinda Blume
Folio Number: 81621120003
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 2001·13, as amended; Chapter 88·499, Laws of
Florida, and other applicable provisions of law, The Board of County Commissioners of Collier
County, Florida, as the Governing Board of Collier County and as Ex·officio the Governing
Board of the Collier County Water-Sewer District, hereby files this Notice of Claim ofUen for
Sanitary Sewer System Impact Fees on the following described real property located in Collier
County, Florida, to )¥Ít:
Lot No. 28, West Winds Mobile Home Estates, a Condominium as more fully shown in
Official Record Book 630, Pages 1883 through 1992, inclusive, of the Public Records of
Collier County, Florida.
'The mailing address of this property is 171 Pine Key Lane, Naples, Florida 34114. According to
the Public Records of Collier County, Florida, the described property apparently is owned by
MELINDA BLUME, whose address is 171 Pine Key Lane, Naples, Florida 34114. This Notice
of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $520.00,
which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate
for final judgments, calculated on a calendar day basis until paid.
Dated this 8th day of February, 2005.
AITEST:
DWIGHT E. BROCK, CLERK.
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY W ATER·SEWER DISTRICT
Approved as to t~)rm and
legal suftkìency:
_ ~~__~l~ ___
Thomas C,Palmcr. 'Ã~Sistant County Attorney
BY:
FRED W. COYLE, CHAIRMAN
Tbis instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Agenda Item No. 16C7
February 8. 2005
Page 14 of 21
Please returned copy to: Collier County Public Utilities
Operations Department
Owner: Robert H. Smyth
Folio Number: 81623760005
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 88-499, Laws of
Florida. and other applicable provisions of law, The Board of County Commissioners of Collier
County, Florida. as the Governing Board of Collier County and as Ex-officio the Governing
Board of the Collier County Water-Sewer District, hereby fùes this Notice of Claim of Lien for
Sanitary Sewer System Impact Fees on the following described real property located in Collier
County, Florida, to wit:
Unit 94, WEST WINDS MOBILE HOME ESTATES, a Condominium, according to the
Declaration of Condo mini urn thereof recorded in Official Record Book 630, Pages 1883
through 1932, inclusive, of the Public Records of Collier County, Florida.
The mailing address of this property is 160 Ocean Reef Lane, Naples, Florida 34114. According
to the Public Records of Collier County, Florida. the described property apparently is owned by
Robert H. Smyth, whose address is 160 Ocean Reef Lane, Naples, Florida 34114. This Notice of
Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of$I,055.00,
which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate
for final judgments, calculated on a calendar day basis until paid.
Dated this 8th day of February, 2005.
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THEOOVE~GBODYOFCOLLŒR
COUNTY AND AS EX-OFFICIO THE
OOVE~G BOARD OF TIlE COLLIER
COUNTY WATER-SEWER DISTRICT
A TIEST:
DWIGHT E. BROCK, CLERK.
Approved as to form and
legal sufficiency:
'Í~ ß~
Thomas C. Palmer, Assistant County Attorney
BY
FRED W. COYLE, CHAIRMAN
This instrument prepared by:
Office of the County Attorney
3301 East Tamiatni Trail
Naples. Florida 34112
(239) 774-8400
Agenda Item No. 16C7
February 8, 2005
Page 15 of21
Please returned copy to: Collier County Public Utilities
Operations Department
Property Owner: Joseph Garcia
Folio Number: 81620600003
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 88-499, Laws of
Florida, and other applicable provisions of law, The Board of County Commissioners of Collier
County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing
Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for
Sanitary Sewer System Impact Fees on the following described real property located in Collier
County, Florida, to wit:
That certain condominium parcel composed of Unit No. 15, West Winds Mobile Home
Estates, a condominium in accordance with and subject to the covenants, restrictions,
terms, and other provisions of the Declaration thereof recorded in Official Record Book
630, pages 1883 through 1932, inclusive, of the Public Records of Collier County.
Together with use of a 1977 Homette 24' x 56' Mobile Home Serial #0365287AK &
#0365287BK.
The mailing address of this property is 150 Pine Key Lane, Naples, Florida 34114. According to
the Public Records of Collier County, Florida, the described property apparently is owned by
JOSEPH GARCIA, whose address is 150 Pine Key Lane, Naples, Florida 34114. llis Notice of
Claim ofUen for Sanitary Sewer System Impact Fees is in the principal amount 0[$1,055.00,
which principal amount shall accrue interest from March 10th, 2005, at the statutory interest rate
for final judgments, calculated on a calendar day basis until paid.
Dated this 8th day of February, 2005.
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
Approved as to JÖrm and
legal sut~~.îcnCY: .
-' . ~ ~; -.------.
homa, C. Palmer, . "i,mot County Attorney
BY:
''''''^''~'~'''·_'··''.'·W____·~··'''·N.~.,....__.._.....',,~_,..
FRED W. COYLE, CHAIRMAN
Agenda Item No. 16C7
February 8, 2005
Page 16 of 21
This instrument prepared by:
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Please returned copy to: Collier County Public Utilities
Operations Department
Property Owner: Robert E. Lydy under the Robert E. Lydy Revocable Trust Agreement
dated October 27, 1990
Folio Number: 81630800000
NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
Pursuant to Collier County Ordinance No. 2001-13, as amended; Chapter 88-499, Laws of
Florida, and other applicable provisions of law, The Board of County Commissioners of Collier
County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing
Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for
Sanitfu'Y Sewer System Impact Fees on the following described real property located in Collier
County, Florida, to wit:
Unit No. 270, WEST WINDS MOBILE HOME ESTATES, a condominium as more fully
shown in Official Record Book 630, Pages 1883 through 1932, Public Records of Collier
County, Florida.
The mailing address of this property is 200 Indian Key Lane, Naples, Florida 34114. According
to the Public Records of Collier County, Florida, the de~bed property apparently is owned by
ROBERT E. L YDY UNDER THE ROBERT E. L YDY REVOCABLE TRUST AGREEMENT
DATED OCTOBER 27, 1990, whose address is 200 Indian Key Lane, Naples, Florida 34114.
This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount
of$I,055.00, which principal amount shall accrue interest from March 10th, 2005, at the
statutory interest rate for final judgments, calculated on a calendar day basis until paid.
Dated this 8th day of February, 2005.
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF TIΠCOLLIER
COUNTY WATER-SEWER DISTRICT
ATIEST:
DWIGHT E. BROCK, CLERK
Approved as to fonn and
legal sufficiency: . (
! ') I
1V"^- \ß.'.~
Thomas . Palmer, Assistant County Attorney
BY
FRED W. COYLE, CHAIRMAN
Agenda Item No. '16C7
February 8, 2005
Page 17 of 21
Rookery Bay (Former) Sewer
Customers
Sewer Impact Fee
Claim of Lien Briefing
February 8, 2005
_._---",.~-
-~.._........_,.- ~,,~-
Agenda Item No,16C7
February 8, 2005
Page 18 of 21
Rookery Bay Sewer IIllpact Fee Notice
Historical Update:
1. Collier County acquired former Rookery Bay
Services (RBS) sewer customers in February, 1999.
2. Impact Fee Ordinance 98-69, in effect at the time of
the acquisition, required new Collier County Water-
Sewer District sewer customers to pay impact fee.
3. Staff identified hundreds of customers to receive the
Impact Fee Notice.
4. Staff began to issue Notices via certified mail
beginning in May, 1999 and continued through the
summer. Payments continued to come into Utility
Billing through early 2000.
5. Staff estimated that up to forty (40) sewer customers
had not paid and follow up analysis was required.
Agenda Item No. 16C?
February 8, 2005
Page 19 of 21
Rookery Bay Sewer Impact Fee Notice
Historical Update (cont'd):
6. The analysis identified forty (40) customers who
were never noticed. Utility Billing confirmed no
payments were ever received from these customers.
County Attorney's office provided guidance on
procedures to Notice these customers.
.~----,-
Agenda Item No. 16C7
February 8. 2005
Page 20 of 21
Rookery Bay Sewer Impact Fee Notice
Action Plan:
1. Met with County Manager on 5/27/04 to review
situation a~d obtained approval to proceed.
2. Due to the fact that Rookery Bay is in District 1, met
with Commissioner Fiala to explain circumstances
and obtain agreement to proceed.
3. Issue Notice Letters via certified mail to the forty
(40) customers. Issue Second Notices via first class
mail.
4. Lien properties if impact fees remain unpaid after
receipt of Second Notice.
Agenda Item No. 16C7
February 8. 2005
Page 21 of 21
Rookery Bay Sewer I11lpact Fee Notice
Ordinances empowering staff to take action:
1. Ordinance No. 2001-13, as amended, Section 74-201
(Imposition of Impact Fees). Fee to be based on
ordinance in effect at time of acquisition (98-69).
2. Ordinance No. 2001-13, as amended, Section 74-501
(Collection of Fees in Default).
3. Ordinance No. 2001-13, as amended, Section 74-204
(Alternative Fee Calculation)
EXECUTIVE SUMMARY
Agenda Item No. 16C8
February 8, 2005
Page 1 of 9
Recommendation to award Contract 05-3736R, to Quality Enterprises, USA, Ine. in the
amount of 5257,691, to restore the wetlands at the South County Water Reclamation
Facility, Project 73949.
OBJECTIVE: To comply with the Florida Department of Environmental Protection's
(FDEP) Environmental Resource Pennit as it relates to the South County Water Reclamation
Facility (SCWRF) conservation easement.
CONSIDERATION: On December 17,2002, Agenda Item 16(C)2 the Board of County
Commissioners (Board) granted a conservation easement to the FDEP to comply with pennit
requirements related to the site wetlands. This conservation easement was a permit
requirement that was generated due to improvements required in the areas designated as
wetlands that were impacted by the construction of the second required flow equalization
tank and the relocation of the existing entrance road. The FDEP permit requires that work be
performed within the conservation easement and includes stormwater management and
wetlands restoration.
The work related to the second equalization tank was performed under the Constmction
Management at Risk Contract 00-3171 awarded by the Board to MWH, Americas, Inc.
(fonnerly Montgomery Watson Americas, Inc.), on May 8, 2001, Agenda Item 16(C)16, and
Amendment 1 awarded by the Board on October 9,2001, agenda item lOD. In order not to
further impact the MWH project schedule, it was decided that the directive to perform the
work related to relocation of the entrance road and wetlands restoration would not be issued
to MWH. The entrance road relocation was awarded to Better Roads Inc. by the Board on
October 26, 2004, Agenda Item 16(C)3. This entrance road relocation was made in
agreement with the Homeowner's group as a part of Public Utilities' commitment to provide
a facility that is a good neighbor. The wetlands restoration was also bid as a separate project.
The South County Water Reclamation Facility Wetlands Restoration Bid 05-3736 was posted
on October 18, 2004. One hundred twenty-four notices were sent to prospective bidders. A
mandatory pre-bid was held on October 28, 2004. Six prospective firms attended No bids
were received on the bid due date of November 9, 2004. Bid 05-3736R was posted on
December 9,2004. One hundred sixteen notices were sent. A mandatory pre-bid was held
December 20, 2004. Two additional prospective firms attende~ and one from the previous
pre-bid. The firms attending the October 28 mandatory pre-bid were allowed to submit a bid
but were not required to attend the second pre-bid One bid package was received on JaDuary
4, 2005, and is listed below:
Bidder
Quality Enterprises USA, Inc.
Amount
$ 257,691
-,
The design professional's (Hole Montes, Inc.) letter dated January 21, 2005 (copyatta.ched)
recommends award of the contract to Quality Enterprises USA, Inc. The bid am01JDt is
higher than the Hole Montes' current cost estimate of $200,100; however, they note that the
current construction market and the project scope, which includes approximately one-half
earthwork and one-half landscaping work, is likely impacting this estimate. Malcolm Pirnie
Agenda Item No. 16C8
February 8, 2005
Executive Swnmary Page 2 of 9
SCWRF WetJands Restoration
Page 2
also recommends, in their attached letter dated January 25, 2005, that we proceed with the
award of the contract to Quality Enterprises. Malcolm Pirnie notes in their letter "re-bidding
would result in substantial delays and increased costs of consultants and county staff without
reasonable expectation of a lower price". Staff was unsuccessful in negotiations with the
contractor to value engineer the project in an attempt to reduce the costs.
It is essential to complete this project during this dry season, in conjunction with the entrance
road project currently under construction by Better Roads Inc. Staff, in consultation with
Hole Montes and Malcolm Pirnie, recommends award of this contract to Quality Enterprise
USA, Inc.
An executive summary will be submitted to the Board on February 22, 2005 agenda to
request approval for amendments to the Hole Montes, Inc. agreement and the Malcolm
. . Pimie, Inc. Work Order for additional construction administration and inspection services
that will include services related to construction of this project. The Office of the Clerk of
Courts has reviewed this Executive Summary and its supporting documents.
FISCAL IMPACT: Funds in the amount of $257,691 are available in the FY05 budget for
this action in Project 73949, SCWRF Expansion. Source of funds is User Fees (Fund 414)
and Impact Fees (413). Funds for this project are included in the fiscal year 2005 Capital
Budget for the Wastewater User and Impact Fee Funds, approved by the Board on September
23, 2004.
......-.
GROWTH MANAGEMENT IMP ACT: The project is included in and consistent with the
2003 Wastewater Master Plan Update as adopted by the Board on May 25, 2004, Agenda
Item 10C.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio
Governing Board of the Collier County Water-Sewer District:
. Award Contract 05-3736R to Quality Enterprise USA, Inc. in the amoUDt of
$257,691.
. Authorize the Chairman to sign the standard construction contract after approval by
the County Attorney.
PREPARED BY: Alicia Abbott, Public Utilities Engineering Project Manager
.-
Agemjs, IIp;r¡ No 16GB
febrll:'iry 6, :7'005
Pagf:: 3 of 9
COLLIER COUNTY
80/~RD OF COUNTY COMMISS!ONERS
,""-
Item Number
Item Summary
16C8
R~.~ornq1Hndatkd~ to awatd Cc]mr;~¡;t O~·3i'3¡'¡H. I.:; Gli;~liiy (:r11~¡pri¡;e:;, \JSA ¡1(: in the
ar)1(J',mt Df S25?(-;W, ;(1 rf..o,,~[)It'. the wetiar¡<:!s at th~ S<:iiJth Gcw.tý V\'i;¡tf'r r~r.c :!!'r"I;)tlon F¿ :,¡!i!¡i.
Project 73~)48
Meeting Date
;2/ßj20D5 g'OO,OO P,M
Prepared By
Dale
AHr:in Abbott, E.I
ProjC'{;t Mun~gcr
1121/2005 4:2~:31 PM
PubHc Utilities.
Public UtHitll!!o E::m,'!il\eering
Approved By
!:\tr:veCamf\1I
PUf<:h<lsinç¡tl>t!fH!f,1l1 SVC¡; Direc.tor
D,lter
^dmil,í~trallve Services.
Purchasing
H:2Sr2005 3:39 t}M
Appro\'t~d By
Roy 8, AndMson, P.E
PuhlÎ.-;. UtUiI;C,$ Enflin,!UiF)¡l Uhectof
DatE'!
Public: UtUjtì~'j.
PIJblic Utilifì!J$ EnglncC\rin¡
1i17!2\105 7:12 AM
Approved B~
..
~'Ji¡1i3rn 0, MulJlu, PE
Prin;;:jpa! PIOJect Ma"ag~f
Dale
Pl¡bHf: Dlilltl"'"
Puhli¡: tJmjtk~¡ f:tlgjI1N~I)"g
1!271~005 D:2:s AM
Approved 8)'
JI):lf:þh B_ Chc;¡¡U1;¡¡m
\,l,iw;;t~W<!tl!:t Director
Oate
Public UtfH'ì;a$
Wz.'¡.i1'Watet TtNltm!~ot
U:1'7I200S^:;\3AM
Approved B~'
nUH'fJa.'lWides
Opt'ratiot\s Direct!)!
Dale
Pl1blic: UUJille~
l~uÞliç lIlilllft"s OperatiŒ1S
11Z'li200'5 4::14 rJM
Approved 8)'
J,lme~¡ W. f.kLony
Public Utí¡¡Ü!E'!S Admin!str.1tor
Odtl!
PUb!ic.lJtllities
Puu!!>; UtIlities Admj..,¡slration
1f28.120U5 11:44 AM
Approved By
OMS Coordinator
Adruinistrati'~e AS515(ant
l).1t(:
Counfy Mani/);ger"s Office
Office ()f Maì1agemc!,t & Budget
1J28120Q!i 12:57 PM
Approved By
S~¡,$;m (¡:ill!!:r
Semor M;maç¡emaI"lI/BlJdÇlc ¡\naj~u
Ditter
Count}' M;J¡tt<Jgt!:r's Ornce
Offke.::.f Mal1age-tlumt & BuIJ!.sel
1/31/Z0D5- ;25 PM
Approved B)'
Michaa! Smykl)wskl
M.3.nagement & Budg€t Director
Date
C-o.unty M¿ll1aUE!r'.1 Offi¡;~
orncr.: of rf.¡maç l~rnNII & B~!dgr.:t
:¿i1!20ü5 6:46 At.!
Appro,'cd By
J;UTle!:ò V. Mutid
CQunty Man.;!ger
DJi.le
Bailfd of (;:our,ty
CUlrlm¡:s.sionels
Count-ý Mal\<!gel'E OfficI!
2I112D05 4:21 PM
Bid 05-3736R "South County Water Reclamation
Facility Wetlands Restoration"
Due: Janua 4 2005
Project Manager: Alicia Abbott
Date Posted: December 9.2004
Item
1
2
3
4
i Quality En!. USA I
Descri . n- ~- I
LandscapIng and Irrigation of Upland Area --'$48,800.00
Exotic Species Remov_a.I______ $42,700.00
All Other Work Described in Contract Documents $153,920.00
Owner's Allowance Equal to 5% oftfieAmOunt B~ ----$12.271.00
TOTAL -AMOIjNTsID $257.691.00
I
. .j-
I MATERIAL MANUFACTURERS Y
LIST OF SUBCONtRAcfORS y
~~~~~~E::F~~~~~R¡EN~I: OF BI'~É_~__ __ ~
---CONFLICT OF INTEREST ~--¡:-_. Y
IBID BOND '- - . y
---]---- :
1---
- ---t -
¡Addendum Ackn~edged ('(/~!L
I
~entl---~-
Witness
$0.00
$0.00
---~~-
Agenda Item No 16C8
Februg'Y.8. 20Q5
Notices P!'IQli 41 ~f59
Packages Receìved: 1
$0.00
.
--==:-_~= _~--:-:-__--- ~ I ... ---
Page 1 of 1
__ _n________
I
----1-
--L___.
.
e
e
Agenda Item No. 16CB
February 8, 2005
Page 5 of 9
~ COLLIER COUNTY GOVERNMENT
Administrative Services Division Purchasing Building
Purchasing Department 3301 E. Tamiami Trail
Naples, Florida 34112
Telephone: 239/774-8407
FAX: 239/782-0844
http://co.collier.6.us
Date: January 5, 2005
To: Alicia Abbott, PUED
From: Sue Hebbe, Purchasing Technician
Re: Bid #05-3736R "South County Water Reclamation Facility Wetlands
Restoration"
--
Enclosed please find a copy of the tab sheet for the above referenced Bid.
Please review each bidder's pricing, including checking the unit prices against
the extended price (mathematical calculations are not checked at tabulation). If
other information was required, it has been noted in the tab sheet. If the tab
sheet has the notation "See Bid" or "See Note", it means that there is additional
information included and that the BID needs to be reviewed. Remember,
"Award of bid shall be made to the lowest, qualified and responsive
bidder(s) meeting specifications." Please identify the recommended
awardee(s) below, and return this form to Purchasing. If the apparent low
bidder(s) is not the recommended awardee, please document your reason(s) for
your recommendation of another firm(s). If you have any questions, please call
me at 774-8967.
Recommended Awardee(s):
South County Water Reclamation Facility 16 mgd expansion. Wetlands Rastoration
~ fY01<J....
~ 2001 2ClG2
EYÐIT COST
LMtd AaquJdlon
unci UHaonIng
I
Capital Project No. 739491, 739492 i
....
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Agenda Item No. 16C8
February 8. 2005
Page 6 of 9
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HM
HOLE MONTES
ENGINEERS, PLANNERS SURVEYORS
. .
950 Encore Way' Naples, Florida 34110' Phone: 239.254.20 O· Fax: 239.254.2097
'05 JAN 2 \ PH 4: S'
Agenda Item No. 16C8
Fe bruary 8, 2005
Page 7 of 9
January 21, 2005
Ms. Alicia Abbott
Collier County PUED
3301 Tamiami Trail East
Building H
Naples, FL 34112
. .
RE: EVALUATION OF BIDS FOR CONSTRUCTION
WETLANDS RESTORATION
SOUTH COUNTY WRF EXPANSION TO 16 MGD
HM File No.: 2001.102
Dear Alicia:
We have reviewed the sole bid from Quality Enterprises received by the Collier County Public
Utilities Engineering Department on January 8th for the above referenced project. The proposal
was checked for mathematical errors, and the pricing as submitted was correct. Subsequent to
the bid opening, Quality Enterprises provided supplemental information on the proposed
subcontractor for removal of exotic vegetation. Refer to attached fax dated January 14, 2005.
The bid amount is higher than the Engineer's cost estimate of $200,100. This difference is
probably due, in part, to the single bid. Other factors possibly influencing the bid amount are the
current construction market and the project scope, which is approximately one-half earthwork
and one-half landscaping work.
The County could choose to re-bid the project a second time and solicit more interest; however,
this bid was a re-bid. The first bid advertisement resulted in no bids. Re-bidding the project will
not allow the work to be done during the current dry season, thus postponing the field work for
one year. In sùmmary, the negative factors associated with a re-bid are (a) project delay, (b)
construction inflation, (c) costs to the County of bidding, and (d) uncertainty that the
construction market will be significantly better in one year. In consideration of these factors, we
recommend proceeding with award of the contract at this time.
Quality Enterprises USA, Inc., has constructed several County projects, and we understand this
experience has been positive. Hole Montes recommends award of the construction contract to
Quality Enterprises USA, Inc., for $257,691.00.
Naples' Fort Myers' Venice
Ms. Alicia Abbott
Collier County PUED
HM File 2001.102
January 21,2005
Page 2
Agenda Item No. 16CS
February S, 2005
Page 8 of 9
If you have any questions, please let me know.
Sincerely yours,
HCP:llk
Enclosure
cc: Lyn Wood, Collier County Purchasing
Ron Benson, Hole Montes
Mike Clough, Hole Montes
W:\2001\2001102\Wctlands Rcstoration\20050118 aa ContractAward Itr.doc
Agenda Item No. 16GB
February 8, 2005
Page 9 of 9
MALCOLM PIRNIE, INC.
INDEPENDENT ENVIRONMENTAL ENGINEERS, SCIEN11STS & CONSULTANTS
January 25, 2005
Alicia E. Abbott, Project Manager
Public Utilities Division, Engineering Department
3301 E. Tamiami Trail, Building H
Naples, FL 34112
RE: South County Water Reclamation Facility Expansion
Wetlands Restoration Project
Dear Ms. Abbott:
Malcolm Pirnie has reviewed the activities related to the sole bid received fÌ"om Quality
Enterprises for the referenced project. Salient features of the bid based on project
documentation provided by the County and Hole Montes, include:
1. Quality Enterprises was the Sole Bidder for this work.
2. This is the second time the County has bid this work.
3. The first bidding produced no qualified bidders.
4. Quality Enterprises has provided acceptable work of similar nature to the County
in the past.
5. Quality Enterprises appears to be the lowest qualified bidder for this project.
6. Re-bidding would result in substantial delays and increased cost of Consultants
and County staff without reasonable expectation of a lower price.
On this basis it is recommended that the County proceed with award of the Project to
Quality Enterprises as the sole, lowest qualified bidder in the amount of$257,691.00.
It continues to be a pleasure working with you and the other County staff on this project.
Please contact me if you have any questions.
Sincerely,
Mal~l~.'irni~: .~~/
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Ró8ert;H. PreøQh, P.E . :--
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f ~ C,.,J. !¡1/fr"_ ~ ~ r-.. '-.'
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4315 METRO PARKWAY SUITE 520 FORT MYERS. FL 33916 239-332·1300 fax 239·332-1789 http://www.pirnie.com
RECYCLED PAPER
Agenda Item No. 16D1
February 8, 2005
Page 1 of 6
--
EXECUTIVE SUMMARY
AGREEMENT TO DESIGNATE COLLIER COUNTY DOMESTIC ANIMAL SERVICES IN
CHARGE OF MANAGING DISPOSITION OF IMPOUNDED ANIMALS PURSUANT TO
FLORIDA STATUTE, CHAPTER 588 AND SECTION 14, ARTICLE IT, CODE OF LAWS
AND ORDINANCES OF COLLIER COUNTY, FLORIDA, BETWEEN COLLIER COUNTY
AND TIlE COLLIER COUNTY SHERIFF'S OFFICE.
OBJECTIVE: For the Board of County Commissioners to approve and ratify the attached
Agreement in which the Collier County Sheriff's Office agrees to designate and allow Collier
County Domestic Animal Services ("DAS") to manage the disposition of impounded animals,
including but not limited to all auction-related functions, as pemritted by Florida Statute,
Chapter 588 and Section 14, Article II of the Code of Laws and Ordinances of Collier County.
--
CONSIDERATIONS: Frequently, DAS impounds or comes into the possession of large and
small livestock and other domestic farm animals that are found roaming at large within the
County or are impounded by local law enforcement. Florida Statute, Chapter 588 generally
mandates that the disposition of such animals be managed and conducted ''by the sheriff or his
or her designees." Because it is believed that the disposition of such animals could be
streamlined by designating DAS to perform all functions related to the disposition of such
impounded animals, the Collier County Sheriffhas agreed to designate DAS to perform all the
functions identified in Florida Statute, Chapter 588 and Section 14, Article II of the Code of
Laws and Ordinances of Collier CmDlty.
FISCAL IMPACT: No significant fiscal impact will be experienced by the approval and
ratification of the attached agreement designating DAS to manage the disposition of
impounded animals as pennitted by Florida Statute, Chapter 588 and Section 14, Article II of
the Code of Laws and Ordinances of Collier County.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: Approval and ratification of the attached agreement designating
DAS to manage the disposition of impounded animals as permitted by Florida Statute, Chapter
588 and Section 14, Article II of the Code of Laws and Ordinances of Collier County, which is
endorsed by the Director of Domestic Animal Services and the Collier County Sheriff.
Accordingly, it is recommended that the Board approve, ratify and authorize the Chainnan to
execute the attached Agreement.
PREPARED BY:
Scott R. Teach, Assistant County Attorney
Margo Castorena, Director, Domestic Animal Services
--
,-..,.,...,._,,,,,~.;~,,,
Agenda Item No. 1601
February 8, 2005
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
1601
Meeting Date
Recommendation to designate Collier County Domestic Animal Services in charge of
managing disposition of impounded animals pursuant to Florida Statute, Chapter 588 and
Section 14, Article II, Code of Laws and Ordinances of Collier County, Florida, between
Collier County and the Collier County Sheriffs Office.
2/8/20059:0000 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/11/200510:11 AM
Approved By
Kathy McLarty-Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
1/14/20053:33 PM
Approved By
Cynthia Stasiewski
Administrative Assistant
Date
Public Services
Domestic Animal Services
1/26/200511 :52 AM
Approved By
Margo Castorena
Director
Date
Public Services
Domestic Animal Services
1/26/20053:16 PM
Approved By
Marla Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
1/28/2005 8:10AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28/200512:38 PM
Approved By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/28120054:58 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/31/20058:43 AM
Approved By
James V. Mudd
County Manager
Date
Agenda Item No. 1601
February 8, 2005
Page 3 of 6
Board of County
Commissioners
County Manager's Office
1/31/200510:00 AM
Agenda Item No. 1601
February 8, 2005
Page 4 of 6
AGREEMENT TO DESIGNATE COLLIER COUNTY
DOMESTIC ANIMAL SERVICES IN CHARGE OF
MANAGING DISPOSI:nON OF IMPOUNDED ANIMALS
PURSUANT TO FLORIDA STATUTE, CHAPTER 588,
AND SECTION 14, ARTICLE II, CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY, FLORIDA,
BEWEEN COLLIER COUNTY AND THE COLLIER
COUNTY SHERIFF'S OFFICE
This Agreement is entered into this
day of
, 2004, by and
between Collier County, apolitical subdivision of the State of Florida (hereinafter referred to as
the '''County''), and the Collier County Sheriff's Office·(hereinafter referred to as "CCSO·').
WHEREAS, the County finds that to better facilitate the orderly and timely auctio.ning .
of livestock and other animals impounded and held in the custody of ColHer Domestic Animal
Services (hereinafter referred to as "DAS'} pursuant to Florida Statutes, Chapter 588, and
Section 14, Artic1e3 II, of the CoIlier County Code of Laws and Ordinances, it is critical that
DAS be able to schedule and conduct auctiOns independent and free of the need to coordínate
suchactívities with CCSQ; and
WHEREAS. Florida Statutes. Chapter 588, and Section 14, Article IT, Code of LaVIs
and Ordinances of Collier County. Florida. authorizes the parties to designate those to perform
duties involving the auctioning of animals and the disposition of the proceeds of sale. and
CCSO is agreeable for DAS to perform this function.
NOW,. THEREFORE, the·parties bereto agree as follows:
1. Designation of DASto Perfonn Duties: CCSO agrees to the designation. of
DAS toperf<nm all duties mandated by Florida Statutes.. Chapter 588, and Section 14, Article
U. of the Code of Laws and Ordinances of Comer County, Florida.. including, but not limited
1'.
to. the sale and disposition of animals referenceëi therein and the. handling of proceeds from the
'-;2-~,:"/;:::;>;;::;~
...---..-.--
Agenda Item No. 1601
February 8, 2005
Page 5 of 6
sale of any such animals. The County agrees to permit DAS to assume all of the duties
referenced in Florida Statutes. Chapter 588, and Section 14, Article n. of the Collier County
Code of Laws and Ordinances.
2. Term: This Agreement shall commence upon its signing and is of indefinite
duration subject to termination by either party, with or without cause, on thirty (30) days
written notice to the other party. This Agreement is non-transferable and non-assignable in
whole or in part. without the prior written consent of the parties. This Agreement is the full and
complete Agreement between the parties, and may not be modified except by a writing signed
by both parties. Any and aU prior understandings between the parties, either oral or 'Written,
with respect to the matter set forth above, have been incorporated and merged into this
Agreement, and are otherwise of no further force or effect.
3. Responsibilities: This agreement does not delegate any responsibilities or
powers to DAS other than those set forth in this Agreement. D AS does not assume any
responsibilities or powers other than those set forth in this Agreement.
4.
Indemnification:
It is expressly understood and intended that DAS wìIl be
performing duties at all times on behalf of the County and not as an agent of CCSO. The
respective parties agree that they will hold each other hannless from any claims arising from
this Agreement.
IN WITNESS THEREOF, the parties have caused this Agreement to be executed by
their respective and duly authorized parties the day and ·year first above written.
'i
v
A'ITEST:
DWlGHT E. BROC~ CLERK
By:
Deputy Clerk
...
ATTEST:
BY:þ (J, t" -
Print Name: d'\.W.. S..,.,ltyt~
Approved as to form and legal sufficiencý:
5:JJ 12 ~
Scott R. Teach
Assistant County Attorney
Agenda Item No. 1601
February 8, 2005
Page 6 of 6
BOARD OF COUNTY COMMlSSIONER.S
OF COLLIER COUNTY, FLORIDA
By:
DONNA FIALA. CHA.IRMAN
-If
"
.-
Agenda Item No. 1602
Febru~ry 8, 2005
Recommendation to approve an entertainment contract for the 7th An nQ~e 1 of 28
Country Jam
EXECUTIVE SUMMARY
Obiective: To provide the public with a local festival featuring national music acts.
Considerations: The 7th Annual Country Jam win be held March 11 and 12, 2005 at
Vineyards Community Park. Staff has negotiated with EC Enterprises for a Saturday
night performance by Clay Wal.ker for $35,000. The contract includes provisions
standard to the music industry, such as the provision of living arrangements and technical
details such as lighting requirements.
The County Attorney has reviewed and approved the contract
~...'... .-~
r·
Fiscal Impact: Funds are budgeted in the Recreations Programs fund center within the
Parks and Recreation FY 05 budget. Anticipated revenue from Country Jam is $135,000.
Growth ManaGement Impact: No GTowth Management Impact is associated with
this action.
Recommendation: That the Board of County Commissioners approves the
entertainment contract with EC Enterprises and authorizes the chainnan to sign.
Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation
,-
,-..
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Agenda Item No. 1602
February 8, 2005
Page 2 of 28
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
Meeting Date
1602
Recommendation to approve an entertainment contract for the 7th Annual Country Jam,
2/8/20059:0000 AM
Approved By
Kathy McLarty-Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
1/28/2005 8:02 AM
Approved By
Murdo Smith
Beach and Water Superintendent
Date
Public Services
Parks and Recreation
1/28/20058:07 AM
Approved By
Marla Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
1/28/20058:13 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
1/28/20058:53 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28/2005 1 :27 PM
Approved By
Gary Ä. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/28/20054:00 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/31/20058:57 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1/31/20051:57 PM
AfN UCDßE. "'-. ¡
WilliAM MORRIS AGENCY, ~. Îg~;~~r~~', ~~~~
Page 3 of 28
Talent and Literary Agency
2100 West End Avenue, Suite 1000, Nashville, Tennessee 37203
Telephone 615-963-3000 Facsimile 615-963-3090
i)
: ílf\\ }
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RIDER ATfACHED HERETO HEREBY MADE A PARTOFTIl[SCONTRACT
AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO.2
TIlIS CONTRACT for the persona[ services of the musicians on the engagement described below is made
DEe [604, between COUJER COUNTY PARK & RECREATION DEPARTMENTlCoJlier County Board ofConun.
(bereinaf1er referred to as ·PURCHASER") and CLAY WALKER
(bereiDafter refetTed 10 as "ARTIST") whose services are furnisbed by E.C. Enterprises, Inc.
(hereinafter refetTed 10 as "PRODUCER').
It is mutually agreed between the panies upon all the rerms and conditions herein set forth. including those
on the reverse side hereof entitled "Additional Terms and Conditions," as follows:
1. Place of Engagement
Vineyards Community Parle
6231 Arbor Boulevard
Naples, FL
Scaling:
15'·00
8.000 @ $ 14:60
Capacity:
8.000 Gross Potential:
Tax:
Net Potential:
JlJAro
0.00000 1'2Z>.. OQO
S%:8ðI1(Not to exceed)
Outdoor ShowlCovered. 51_8e
Rain or Shine
2. DA TE(S) OF ENGAGEMENT:
Sat MAR 1205-
Ad Break: February I, 2005
TBA Local Support (open)
Dierks Bentley (pending)
CLAY WALKER (close)
a. Number of Shows: 1
b. Time of Show(s): 8:00 PM
c. Length of Each Show: 60-75 minutes
3. BllLING: (In a1l fOl1ll5 of advertising)
Anist sball receive 100% Sole Headline Billing
4. FUlL PRICE AGREED UPON:
.$ 35.000 (Thirty Five Thousand) FLAT GUARANTEE
Purchaser 10 provide and pay for sound and lights as required by Anist Purchaser 10 contact Bill
Young Productions for ad mats (281-240-7400). No other advertising is permitted. Purchaser 10
provide ticleet counts to the WiJliam Morris AgencylNashville on Mondays and Thursdays. Counts
should be called in to 615-963-338 [ or e-mailed to noshticleeb:ounts@wma.com by 12:00 Noon CST
on ticket count days.
Artist agrees not to perfonn at any publicly advertised engagement within a 100 mile radius. 120
days prior 10 this engagement
Purchaser shall provide and pay for all tenns and conditions contained in Anist rider attached hereto.
All Accommodation and Travellllfangements are subject to PRODUCER's prior approval.
Merchandising Rate(usell) 0.2000
Merchandising Rate(neg) Anist Sells Itrlv.. ~ 'f)JZ-
5. All payments shall be paid by PURCHASER in US funds bY~ ço' .U"'I>·~ 011'('1( n.(''r!iI{ as follows:
a. NO DEPOSIT is required.
b. FUll.. PAYMENT in the amount of $35.000
shall be paid to and in the name of the PRODUCER: E.C. Enterprises, Inc. flslo CLAY WALKER
not later than immediately prior to the fust performance.
c. Earned percentages, overages and/or bonus.., if applicable. are to be paid to PRODUCER by CASH ONLY
inunediately following the last show.
d. [n the event the FUlL PRICE AGREED UPON to be paid by PURCHASER DOES NOT include percentages or
overages, and the actual gross box officc reccipts from the engagement exceed the gross potential as Slated in Paragraph 1.
hereinabove, sucb amounts shall be paid in full to PRODUCER in CASH ONLY, immediately following
the last performance.
ADDmONAL TERMS AND CONDmONS CONTINUED ON REVERSE SIDE.
IN WITNESS WHEREOF, the panies htireto have bOleUDto set their names and seals on the day and year first above written.
A TrEST
E.C. Enterprises. Inc.
~APprOV<d as :';,fO,,:,~ D\VIGHT E. BROCK, Clerk by:
~ BY' E.C. Enterprises, Inc.
Deputy Clerk 300 10th A venue South
Roben Z. ary Nasbville, Tennessee 37203
ASSL<;ta.rtt County Attomey BO.'\.RD OF COUNTY COMMISSIONERS
COLLIER COUNlY, FLORIDA 62-1541049
Return aUøigned contracts to Wll.liAM.~B}':
Fed. ID 1162-1541049
1098513
Fred Coyle, Chairman
,-
, ',', Agenda Item No, 160'2
6, Whenever the térm 'Federation" is used herein It shall mean ,tlÌe'American'Federatlon of Musicians of tfiêi!Uj:jiMGI ~táÍQ~:¡¡'nd'
Canada. Whenever the term "Local Union" is used herein It shall mean the Local Union of the Federation with jurlildl'Øfio l. ~é'I8the
territory in which thfl engagement covered by this contract Is to be performed,
7. No performance of the engagement shall be recorded, reproduced or transmitted from the place of performance;, In any manner or
by any means whatsoever, In the absence of a specific written agreement with the Federation relating to and permUting such recording
reproduction or transmission. '
a. It Is expressly understood by the parties hereto that neither the Federation nor the Local Union are rartles to this contract in any
capacity except as expressly provided in 7 above, and therefore. that neither the Federation nor the Loca Union shall be liable for the
perlormance or breach of any provIsion hereof,
9. A representative of the Local Union, or the Federation, shall have access to the place of engagement covered by the contract for
purposes of communicating with the ARTIST(s) performing the engagement and the PURCHASER.
ADDITIONAL TERMS AND CONDiTIONS:
1. PURCHASER agrees to furnish and pay for at its own expense (a) on the date and at the time of the performance(s} above-
mentIoned all that Is necessary for the proper prasentation of the entertainment presentation, including without limitatioo a suitable
theatre, hall or auditorium, well-heated. ventilated, IilJhted, ctean and In good order, stage curtains, properly tuned grand piano(s) and
public address system in perfect working condition including microphone(a) In number and quality required by PRODUCER. dressing
rooms, all necessary electricians and stage haìl'ds, all lights, tickets, house programs. ~Prs ~udlRII AlY8111al PIIMFfI'IIAII .~<.
111111"8118). special police. ushers, ticket sellers. ticket takers. appropriate and sufficient adve II ng in the principal newspapers. (b
JllWleofg~lIlee iA egRR.slleR "'itl:l ~R09YCSR'8 \/= Ól)'ðt. and In addition, the costs of any musicians (including Contractor) othar
than those furnished by PRODUCER as part of PR ER's regular company, (c) all amusement taxes. (d) If PRODUCER so
requires, all necessary facilities. electricians, stage hands and other personnel for lighting and dress rehearsals, and (a) all other Reme¡
and personnel (Including bul not limited to any and all personnel, including musiclans, as may be required by any national or loCal
unlon(s)) required for the proper presentation of the entertainment presentation hereunder. and any rahearsals tharefor, e)(cept for
those Items and personnel which PRODUCER herein specllically agrees to furnish. PRODUCER shall have the right to name the local
music oontractor and to approve the musicians hired locally.
2. In the event of sickness or of accident to ARTIST. or II a performance Is prevented. rendered impossible or Infeasible by any act or
regulation of any public authority or bureau" civil tumult, strike, epidemic, interruption In or deiay of transportation services, war
conditions or emergencies or any other similar or dissimilar cauae beyond the control of PRODUCER, It is understood and agreed that
there shall be no claim for damages by PURCHASER and PRODUCER's obligations as to such performanclls shall be deemed waivad.
In the event of such non-perfcrmance for any of the reasons stated In this paragraph. if ARTIST is ready. willing and able to perform,
PURCHASER shall pay the full compensation hereunder, otherwise. the monies (If any) advanced to PRODUCER hereunder, shall be
returned on a pro-rata basis.
3. Inclement weather rendering performance impossible. infeasible or unsafe shall not be deemed a force majeure event and payment
01 the agreed upon compensation shalt be made notwithstanding. \I PURCHASER and PRODUCER disagree as to whelher rendition
01 performance(s) Is Impossible. not feasible or unsafe because of Inclement weather, PRODUCER's determination as to performance
shall prevail.
4. In the event PURCHASER refuses or neglects to provide any of the Items or to perform any of Its obligations herein stated. andlor
falls to make any of the payments as provided herein. PRODUCER shall have the right to refuse to perlorm this contract, shall retain
any amounts theretofore paid to PRODUCER by PURCHASER, and PURCHASER shall remain liable to PRODUCER for the agreed
price herein set torth. In addition, if. on or before the date of any scheduled performance, PURCHASER has failed, neglected. or
refused to perform any contract with any other performer for any other engagement.' or If the financial standing or credit of
PURCHASER has been Impaired or Is in PRODUCER's opinion unsatisfactory. PRODUCER shall have the right to demand the
payment of the guaranteed compensation forthwith. If PURCHASER ialls or refuses to make such payment forthwith. PRODUCER
shall have the right to cancel this engagement by notice to PURCHASER to thai effect, and 10 retain any amounts theretofore paid 10
PRODUCER by PURCHASER and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth.
5. The entertainment presentation to be furnished by PRODUCER hereunder shall receive billing in such order. form, size and
prominence as directed by PRODUCER in ail advertising and publicity issued by or under the control of PURCHASER. ARTIST's name
or likeness may not be used as an endorsemenl or i,ndication of use of any product or service nor in connection with any corporate
sponsorship or tie-up. commercial tie-up or merchandising without PRODUCER's prior written consent.
e. PURCHASER shall not itself nor shall it permit others to record, broadcast, televise, photograph or otherwise reproduce the visual
andlor audio performances hareunder. or any part thereof.
7. PRODUCER shall have the exclusive right to sell souvenir programs. ballet books, photographs, records and any and all types of
merchandise including, but not limited to. articles of clothing (I.e.. T·shirts, hats, etc.). posters, stickers. etc., on the premises of the
p'lace(s) of performance without any participatioo In the proceeds by PURCHASER subject. however, to concessionaire's requirements,
Ifany.
a. Unless stipulated to the contrary In writing, PURCHASER agrees that PRODUCER may cancel the engagement hereunder without
liability by giving the PURCHASER notice thereof at least thirty (30) days prior to the commencement date of the engagement
hereunder. PRODUCER shall also have the right to terminate this agreement without liability in the event PURCHASER fails to sign
and return this Contract within 10 days.
9. PRODUCER shall have exclusive control over the production, presentation and performance of the engagement hereunder as well
as the means and methods employed In fulfilling each obligation of PRODUCER hereunder In all respects and in all details.
PRODUCER shall have the Bole right, as PRODUCER may see m. to designate and change at any lime the performing personnel other
than the ARTIST(s) specifically named herein.
10. PURCHASER agrees (a) to comply promptiy with PRODUCER's directioos as to stage settings, for the perlormance hereunder. (b)
that no performers other than those to be furnished by PRODUCER hereunder will appear on or in connection with the engagement
hereunder, (c) that no stage seats are to be soid or used without PRODUCER's prior written consent. andJd) that the entertainment
presentation will not be included in a subscription or other type of series without the wrlttan consent of PROD CER.
11. It Is agreed that PRODUCER signs this contract as an Independent contractor and not as an employee. This contract shall not, in
any way be construed so as to create a partnership, or any kind of joint undertaking or venture between the parties hereto, nor make
PRODUCER liable in whole or In part for any obligation that may be incurred by PURCHASER in PURCHASER's carrying ou.! any of
the provisions hereof or otherwise.
12. Nothing In this Agreement shali require the commission of any act contrary tc law or to any rules or regulations of any union, guild or
similar body having jurisdiction over the services and personnel to be furnished by PRODUCER to PURCHASER hereunder. If there Is
any conflict between any provision of this Agreement and any law, rule or regulation, such law. rule or regulation shall prevail and this
Agreement shall be curtailed. modified, or limited only to the extent necessary to eliminate such conflict. PURCHASER egrees to
comply with all regulations and requirements of any unlon(s) that may have jurisdiction over any of the said materials, facilities and
personnel to be furnished by PURCHASER. .
13. In the event of any Inconsistency between the provisions of this coo tract and the provisions of any riders. addenda, exhibits or any
other attachments hereto. the parties agree that the provisions most favorable to PRODUCER and ARTIST shall control.
1 . reb Indemnities and holds PR . . . B I s, lrt
principals, employees. and direct s loss. damage or expense, Including reasonable attQrney's .,...-
fees. incurred or suffered b 0 DUCER or AR oin in connection with or as a result of
any claim for per or property damege or otherwise brought by or on behalf of any , . . a
result of or . nection with the engagement, which claim does not result from the ective and wjJIful negligence or the A TIST andlor
R.
15. William Morris Agency. Inc. acts herein only as agent for PRODUCER and is not responsible for any act of commission or omission
on the part ot either PRODUCER. ARTIST or PURCHASER. In furtherance thereof and lor the benefit of William Morris Agency, it is
agreed that neither PURCHASER nor PRODUCER will name or Join William Morris Agency as a party in any civil action or suil arising
oul of, in connection with, or related to any act(s) of commission or omission of PURCHASER, ARTIST or PRODUCER.
16. This contract (a) cannot be assigned or transferred without the written consent of PRODUCER, (b) contains the sole and cQmplete
understanding of the parties hereto and (c) may not be amended. supplemented. varied or discharged, except by an instrument In
writing signed by both parties. The validity, construction and eHect of this contract shall be govemed by the laws 01 the State of
Tennessee. regardless of the place of performance. THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF
WARRANTS HIS/HER AUTHORllY TO DO SO, 1;.~e ¡¡UQH ll!nbv.. II!!!"!". I"el'l!6NALLY ASSUMCS I IARIIITV ",no 'FHIË II"%-
.B.e..V/1""'T OE.SAI9-PRICIii IÞ¡ rt:lbb. The terms 'PRODUCER", 'ARTIST" and 'PURCHASER" as used herein shall include anct apply
to the singular. the plural and to all genders. '
(1/1194-AFM)
as of DEC 9 04
CLAY WALKER
Agenda Item No. 1602
February 8,2005
Page 5 of 28
Musician Names: (Social Security #, AFM#)
--------------------------------------------------------
---------------------------
E.C. Enterprises, Inc., Fed. 10 #62-1541049,
(Leader)
Clay Walker
Landon Taylor
Van Rentz
Ken Smith
Harry Smith
Curt Walsh
Downs Thompson
Rex Wiseman
Local 257
Local 257
Local 257
Local 257
Local 257
Local 257
Local 257
Local 257
l
Agenda Item No. 16D2
February 8, 2005
Page 6 of 28
CLAY WALKER 2005 CONTRACT RIDER
Booking Agency William Morris (615) 963-3000 Office
Steve Hauser
Management TBA Entertainment (615) 255-1326 Office
Kyle Frederick . ___ . .~- (615) 254-4267 Fax
,
,.
,
Publicists Rubin Media (615) 298-4400 Office
Ronna Rubin Rubinmedia1 @aol.com
Record Company RCA Records (615) 301-4444 Office
Tour Manager Davis Chalmers (713) 302-8604 Mobile
Production Mgr. Bruce Dare (713) 628-538B Mobile
Lighting Designer/Director
Merchandising Brian Honeycutt (817) 247-5843
1
~."--
CONTRACT RIDER
Agenda Item No. 1602
February 8, 2005
Page 7 of 28
This rider attached hereto and made part of this contract dated
between CLAY WALKER (hereinafter referred to as "ARTIST") and
(hereinafter referred to as "BUYER") for an engagement at
in
on
1. The items requested in this rider are necessary' in order to provide the 'best
possible show for the BUYER.
2. Buyer warrant that he/she has the right to enter into this contract and is of legal
age. BUYER shall initial each page of this rider and understands that in the event of a
breach by the BUYER of any terms of this contract, CLAY WALKER shall not be
required to perform.
a. All payments by PURCHASER to ARTIST are required to be made under
and pursuant to this agreement. Payment is to be made in the form of cash, certified
check or cashier's check on the night of the engagement prior to performance. If this is
not done, ARTIST may cancel the performance and will still be entitled to all payments
including percentages, if applicable, unless prior arrangements have been made in
writing and agreed upon by the ARTIST or ARTIST'S REPRESENTATIVE.
b. In cases where ARTIST is being paid on a percentage .
PURCHASER agrees to deliver to ARTIST'S designed repres e, prior to
performance, a notarized printer's manifest of the ho otarized and signed
statement from the printer of the tickets, listing am tickets printed on each price.)
PURCHASER further agrees to have all un Ickets on hand at place of performance,
night of show, for counting verificat' y ARTIST or his representative. ARTIST shall
be compensated for the di ce between the number of unsold tickets shown by
ticket manifest witho gard to the actual number sold less complimentary tickets
approved by A T or his representative. If PURCHASER violates any of the above
stated sf ations, it shall be deemed that PURCHASER has sold a ticket for each seat
at . est ticket price.
c. PURCHASER may not sell tickets for seats located where stage and
equipment on stage. obstructs normal eye-level viewing of ARTIST'S performance,
unless location of seat is clearly indicated as "OBSTRUCTED" on ticket. ARTIST'S
manager must pre-approve sale of obstructed tickets.
~ -~--
-----
ATIEST:
. Approved as to fonn and
1<~--- :;'GHTEBROCJ<Cbk
obert Zac ry . Deputy Clerk
Assistant County Attorney
"
'. -
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY'
Fred Coy]e, Chairman
l
Agenda Item No. 1682
February 8, 2005
age 8 of 28
d. Any balance due on a percentage computati oss or et will be paid
immediately after the closing of the box office. Ime of percentage computation of
Gross or Net, a ticket printer's manif m a bonded ticket printer and a detailed box
office statement will be' to ARTIST'S or ARTIST'S REPRESENTATIVE.
Expenses previousl)' oved by ARTIST or ARTIST'S REPRESENTATVIE incurred
by PURCHAS . representing this show must have documentation of bills (receipts,
cks, etc.).
e. The above described box office statement ma also be re uired by
ARTIST even in situat' ensa Ion does not included a percentage
artic'
3. CONTRACT ALTERATION
a. It is hereby understood and agreed that the PURCHASER shall not add
to, delete from or make any alterations in the contract or rider without prior
communication and written agreement from ARTIST REPRESENTATIVE.
b. This agreement cannot be assigned to any other person, firm or
corporation.
I c. Under no circumstances will the venue be changed or moved without
written consent of ARTIST or management. Any attempt to violate this provision will be
considered a contract alteration. . .
4. ADVERTISING
a. BUYER shall only use approved photographs and images as supplied by
ARTIST'S representative. All radio, print & TV spots are to be produced by Bill Young
Productions, (281) 240-7400.
b. There shall be no signs, placards, banners or any advertising material on
or within fifty feet (50') of the stage without written approval.
c. The name, photograph, image or other likeness of ARTIST may not be
used or associated, directly or indirectly, with any product or service, nor may it be used
in any program or souvenir book, poster, pamphlet, or any other material such as an
event shirt or any merchandise intended for sale without the expressed written consent
of ARTIST'S personal manager. PURCHASER agrees to waive any merchandise
commissions in exchange for including ARTIST'S likeness on event or festival type
merchandise. (DOES NOT APPL Y TO Houston and Dallas, TX) .
d. There shall be no radio station or any other party presenting, welcoming,
promoting, co-promoting or sponsoring above engagement without MANA.GEMENT'S )
written permission. at:~6N;G) ,.¿ CðN 3VNaaD,v W ~M t,.Jwótl- ! ~fL- ÚlUf\I1»1
3
e. CLAY WALKER is not responsible for any music licensing fees.
Agenda Item No. 1602
February 8, 2005
Page 9 of 28
f. When performing as the support or opening act, ARTIST is to receive
100% "Special Guest Star" billing in any and al/ advertising, lights, displays, programs,
and other forms of advertising, publicity, and promotions.
acts.
g. When performing as headliner Clay Walker has approval on all support
5. SECURITY
Buyer will provide adequate security (competent a'1Q sober) to protect ARTIST,
ARTIST'S band and crew, equipment and vehicles. - Four (4) Uniformed Security
Officers for ARTIST available for ARTIST'S dressing room, bus, meet and greet and to
escort ARTIST at venue. Security requirements for front of stage and back stage wíJI be
determined in a "Security Meeting" coordinated by ARTIST'S tour manager prior to door
opening. Security at buses shall be increased following ARTIST'S performance and/or
at the end of entire performance.
6. MERCHANDISING
;" . á. ARTiSt. reserves' the right to sel/· souveriirs, books, photographs, record
albums and tapes, tee s·hirts; and other' souvenirs and concessions. þ.JO~OmmiSOi9n ¡;_
~hJ;1I be paid to DUYCn AÞJD.'OR VEN' u= r\n C:~lch ¡;;aI9~ ~ f2trn:; z.o -/J..JllHr itv..J ~
b. Autograph/merchandise sale area to be located in a prominent position
supplied with six (6) 3'x10' tables and 6 chairs. Area should be a minimum of 1 0'x30'.
ARTIST may provide a kiosk for the sale ARTIST'S merchandise only.
c. There will be no usage of artist name or likeness of name or logo for a
festival shirt or any other event merchandìse. PURCHASER agrees to waive any
merchandise commissions in exchange for including ARTIST'S likeness on event or
festival type merchandise. (DOES NOT APPL Y TO Houston and Dallas, TX) ;
7. INTERVIEWS/PERSONAL APPEARANCES
All interviews (in advance and/or on-site), press conferences, special promotions
or other publicity needs or requests involving CLAY WALKER must be cleared at least
three (3) weeks in advance prior to engagement through: Ronna Rubin (615) 298-
4400. Any ARTIST "meet and greet" must be approved and coordi nated by
management at least two (2) weeks prior to engagement. All radio related requests
must route through, and be approved by RCA Records Nashville promotion department
(615) 301-4352.
4
Agenda Item No. 1602
February 8, 2005
Page 1 0 of 28
,,,.--.,
8.
PRODUCTION OF PERFORMANCE
a. No portion of the performance rendered hereunder may be broadcast,
recorded, filmed, taped or embodied in any form for any purpose without ARTIST
MANGEMENT'S prior written ·consent. PURCHASER will deny entrance to any
persons carrying audio or video recording devises without limiting in any way the
generality of the foregoing prohibition. It is understood to include members of the
audience, press and PURCHASER'S staff. In the event that purchaser, his agents,
servants, employees, contracts etc., reproduce or cause to be reproduced of ARTIST'S
performance in the form of film, tapes, or any other means of audio or video
reproductions, upon demand by ARTIST, PURCHASER shall deliver all of the same
(together with any and all master, negatives, and other. m{1ß.ns of reproduction thereof)
to ARTIST at PURCHASER'S sole cost and expense.- . .
I b. PURCHASER agrees not to commit ARTIST to any personal appearance,
inteNiew, or other such promotion without prior consent of management.
c. Approval must be made in advance, prior to arrival, for any and all taping
of news footage, etc., by any and all media.
9. DRESSING ROOMS f6ã, At"if\N~ _ Ovr\)"'4- ~n"A1... - VI\fA-i"t\.\C
. ""» (I a., v d\ ~ .. êP-c '"l:. \ p., ~ .
.R.Uf1CHA$ER vyiJIprQvkie.three (3) clean dressing rooms. One for ARTIST and one for
, '," .. ..\-" .1... _,0-' ". ...
ARTISTS'band and one for crew. Plus a large clean room to be used as a "meet and
greet" room. (This room should be as close to ARTISTS dressing room as possible)
and a room to serve as a production office. Each dressing room must conform to the
following standards and requirements:
a. Dressing rooms will be clean and ready for occupancy at stage call.
b. Each dressing room to contain private and well-supplied toilet facilities
with hot and cold running water
c. ARTIST dressing room must be equipped with a clean shower. Buyer
must make every effort to supply.
d. Each dressing room will have a minimum of three (3) electrical outlets.
e. Six (6) hand and bath towels will be in ARTIST'S dressing room. Twenty-
four (24) bath towels will be in band dressing room and (12) in crew
dressing room.
f. Dressing rooms to have properly working heating and air conditioning
systems.
,,,-
5
Agenda Item No. 1602
February 8, 2005
Page 11 of 28
g. Each dressing room will contain lighted makeup mirror and full-length
wardrobe mirror.
h. Each dressing room to contain a garment rack.
I. Each dressing room to contain trashcans and ashtrays.
j. Chairs are to be provided: Six (6) for ARTIST, ten (10) for band, and six
(6) for crew.
k. Dressing rooms are to be lockable and keys shall be given to ARTIST'S
Production Manager upon arrival.
I. ARTIST dressing room must have a security guard placed outside of
dressing room upon venue doors opening.
10. GROUND TRANSPORTATION
PURCHASER will provide ground transportation with driver(s) for ARTIST, band,
and crew to and from interviews, venue, hotel/motel and from any location "within
reason" to obtain equipment or supplies necessary for ARTIST'S performance or as
required. Driver must have good knowledge of the area and speak fluent English.
11. CANCELLATION/FORCE MAJEURE/INCLEMENT WEATHER
a. It is agreed and understood that in the event PURCHASER shall fail to
fulfill any of the terms and conditions provided herein, ARTIST may elect to cancel the
engagement, relinquishing ARTIST from returning any deposits paid by PURCHASER,
in addition to ARTIST'S other legal and equitable remedies for the breach.
b. ARTIST'S obligation to furnish the entertainment unit referred to herein is
subject to detention of prevention by sickness, inability to perform, accident, means of
transportation, Act of God, riots, strikes, labor difficulties, epidemics, any act of public
authority, or any cause, similar or dissimilar, beyond ARTIST'S control.
c. Provided ARTIST is ready, willing and able to perform, PURCHASER
agrees to compensate ARTIST in full and in accordance with the terms herein
regardless of ACT OF GOD, fire accident, riots, strikes, or any event or events of any
kind or character whatsoever, whether similar or dissimilar to the foregoing event, which
would prevent or interfere with the presentation of the show hereunder.
6
Agenda Item No. 1602
February 8. 2005
Page 12 of 28
d. Notwithstanding anything contained herein, inclement weather shall not be
deemed a force majeure occurrence. Provided the ARTIST is present and
ready to perform at designated time specified in the contract, the
PURCHASER shall remain liable for the full contract, even if the
performance(s) called for herein are prevented by such weather
conditions. ARTIST and PURCHASER shall make the mutual decision to
determine in good faith whether any such weather conditions shall render
the performance(s) impossible, hazardous or unsafe.
12. COMPLIMENTARY TICKETS
a. Buyer agrees to provide ARTIST with a minimum of one hundred (100)
complimentary tickets to each show for ARTIST'S guests. Any unclaimed tickets may
be sold fifteen (15) minutes after the show begins.
b. Buyer and/or House may only use 1 % of tickets for comps unless given
written permission by artist representative.
13. TICKETS/BOX OFFICE
a. The specific capacity of the venue, as well as the ticket price br
and gross potential shall be clearly printed on the face of the contract.
b. It is agreed that if there is any change from t tated ticket price on the
face of the contract and the price actually char ,ARTIST will receive ONE
HUNDRED PERCENT (100%) of the difference een the ticket prices on the face of
the contract and that actually charged.
c. When ARTIST'S fe . cludes a percentage of bonus amount or over the
contract guarantee, a detaile ox office statement is required and shall be presented to
ARTIST'S tour manage uring the settlement.
d. W n show goes into percentage, ARTIST'S tour manager will count
heads to ve' accurate figure.
e. PURCHASER may not report show gross to any trade publication unless
. show grosses at least 70% of the House and/or when given written permission by
ARTIST'S representative.
14. PARKING ?81-~'4NŒ - Ño ~,~ PCL.J5íl .
PURCHASER must provide adequate secured parking spaces with stage access
for ARTIST'S four (4) 45-foot tour buses and two (2) trucks. ARTIST bus must have
priority parking in multi-act show situations. PURCHASER must provide one (1) 220
volV50 amp service for each tour bus.
7
Agenda Item No" 1602
Fe bruary 8, 2005
Page 13 of 28
15. SAFETY
PURCHASER ensures and warrants that each concert event, the facility and site
(on the dates of load-on, each performance and load-out) and immediate vicinity, shall
be safe for all persons and property, free from any risks of actual danger or hazards to
life, health or property. PURCHASER shall ensure the security and safety of ARTIST,
their musicians, crew, entourage, management, audience members, the facility and site
personnel, and any Învitees or attendees. PURCHASER shall reimburse ARTIST on
demand for any payment made or expense incurred by THE ARTIST'S PARTIES at
any time in connection with liability or claim with respect to which THE ARTIST'S
PARTIES are entitled to be indemnified.
16. INSURANCE
PURCHASER shall obtain and continually maintain insurance with re ects to
eac concert event (including, without limitation, any performance), facility d sight of
perfor nce hereunder, for bodily injury, property damage, persona Injury, liquor
liability, ims related to The AmerÎcan Disabilities Act and third pa claims in the
enforceable mount of not less that One Million Dollars ($1,000,0 ) per occurrence
(with any ded tible to be paid by PURCHASER), naming THE TIST'S TOURING
COMPANY AN THE ARTIST INDIVIDUALLY as add"" nal named insured
thereunder. The in ing company shall agree to waive all ri ts of subrogation against
THE ARTIST'S TO NG COMPANY AND THE AR ST INDIVIDUALLY. Such
policy(ies) shall be writ on a per occurrence sis, such that claims made
immediately prior, during, an or after each concert ent, including each performance
therein with respect to act(s) ad/or omission(s uring, immediately prior to, and/or
immediately after each concert e t hereun r, regardless whether in or about the
facility or site, shall be fully covered th eun r.
As proof of insurance PURC S submit a fully paid Certificate of
Insurance to THE ARTIST for th r appro I at least four (4) weeks prior to the
engagement. Such certificate d policy sh I contain a provision requiring the
insurance company to give T ARTIST at least en (10) days written notice prior to
revision, modification or ca ellation thereof. Any pr osed change in the Certificate of
Insurance or the underl ng policy(ies) shall be sub itted to THE ARTIST for prior
written approval. P CHASER shall maintain Work's Compensation Insurance
covering all of thei employees, including those who are' volved in the installation,
operation or mai enance of the equipment provided by THE TIST.
¡lure of PURCHASER of facility to provide either poli "es or the certificates
required' not deemed a waiver of ARTIST'S rights and remedi or of any of the
PURC ASER'S obligations. PURCHASER shall still be solely responsJ e for providing
all such insurance and shall be fully liable for it's failure to provide same.
8
----- ------~-~-_._--_.. .
Agenda Item No, 16D2
February 8, 2005
Page 14 of 28
,-
17. HOLD HARMLESS
PURCHASER shall indemnify, save and hold harmless THE ARTIST, it's
officers, principals, managers, representatives,agents, employees, musicians, crew,
attorneys, accountants, successors, substitutes, and assigns from and against any and
all claims, demands, debts, liens, damages, liabilities, costs, expenses and judgments
arising out of or in connection with an breach or alleged breach by PURCHASER of any
implied or actual representation, warranty or agreement made by PURCHASER herein,
any claim by a third party with respect to PURCHASER'S obligations pursuant to any
agreement(s) directly or indirectly relating to the concert event(s) (including, without
limitation the performance and/or the advertising and promotion thereof, or any bodily
injury, death or loss ·of damage to property related to the concert event(s),includingthe
concert event(s) hereunder). . . -'. ,--
18. LEGAL WARRANTY, BREACH OF CONTRACT, JURISDICTION AND VENUE
IN NASHVILLE, TN AND SERVICE OF PROCESS
a. PURCHASER warrants that he has the right to enter into this contract and
is of legal age.
b. All parties to this Agreement acknowledge that this contract was entered
into in the State of Tennessee and shall be governed by the laws of the State of
Tennessee. Further, all parties acknowledge that Nashville, Davidson County,
Tennessee is the appropriate forum for any and all litigation arising out of or involving
this Agreement and/or the performance of any duties thereunder. The parties therefore
consent to exclusive jurisdiction and venue in Davidson County, Tennessee. The
parties further agree that the prevailing party in any litigation filed outside Davidson
County, Tennessee, will be subject to immediate dismissal along with appropriate
sanctions under FRCP 11 or the corresponding state court rule. The parties further
agree to and do hereby waive formal service of process in regard to actions brought
relating to this Agreement and agree to accept service of process via certified mail,
return receipt requested, addressed to the address listed below.
19. PRE-EMPTION
a. PURCHASER shall advise WILLIAM MORRIS AGENCY upon signing
contract if unable to comply with any of the conditions or requirements set forth in the
rider. PURCHASER understands that all terms are essential to a binding agreement.
Thereafter, upon ARTIST'S arrival, if any of the terms of this document are not met by
the PURCHASER, the ARTIST shall have the right to refuse to perform and shall be
entitled to full compensation under this agreement.
b. ARTIST shall have the right to cancel this engagement without liability
upon written notice to PURCHASER, not later than thirty (30) days prior to the date of
the engagement hereunder.
9
-------------------
Agenda Item No. 1602
r7 February 8, 2005
r Ql.. A b V AN æ ~ Page 15 of 28
TECHNICAL REQUIREMENTS FOR CLAY WALKER TOUR 2005,
.
When PURCHASER is providing sound and lights, ARTIST may supplement
production elements as required.
. _ J I
. 1oW·3"'L..
1. Stage size is to be a minimum of,;.a.trwide b~deep by 48 inches high the stage
is to be a minimum of 6 feet from the back wall.
THE STAGE SURFACE IS TO BE LEVEL, STURDY AND FREE OF OBJECTS,
SUCH AS NAILS, SCREWS, DIRT, CRACKS, ETC THAT COULD CAUSE INJURY
TO THE ARTIST, BAND, CREW AND EQUIPMENT. THE STAGE AND LOADING
AREAS SHOULD HAVE WORK LIGHTS AND PLASTIC..~-
2. Sound Wings are to be installed on both downstage sides of the stage. 5ft high by
12ft deep by 16ft wide.
3. At both upstage corners of the stage there should be a set of quality built stairs
attached and with lighting. Artist and Band will not climb makeshift stairs.
4. AI! outdoor stage shows should have a covered top. All rooftops should be LOAD
BEARING. In the event of an outdoor show the Artist equipment should have covers
available to protect from bad weather.
5. House mix position and monitor mix position must be covered and protected from
inclement weather with work lights. SOUND SETS UP ON THE GROUND 100FT OUT
CENTERED FROM THE DOWN STAGE EDGE.
6. A monitor position platform is to be installed behind the stage left sound wing. 24ft
wide 12ft deep by 24 inches high with stairs.
7. A lighting riser at Front Of House 8ft by 8ft by 24 inches high with stairs.1- 6ft or 8ft
table.
Clay Walker Production provides a Thrust extension 10ft wide by 12ft deep Centered,
extending from the downstage edge. The first row of seats will start two feet around this
point. In case of seating problems please call the production manager Bruce Dare 713-
628-5388.
10
t'.. I, .. '::a
Agenda Item No. 16D2
February 8, 2005
Page 16 of 28
TECHNICAL REQUIREMENTS FOR CLAY WALKER TOUR 2005
When PURCHASER is providing sound and lights, ARTIST may supplement
production elements as required.
1. Stage size is to be a minimum',ofØ wide b'y 1~ deep by 48 inches high the
stage is to be a minimum of 6 feet from the back wall.
THE STAGE SURFACE IS TO BE LEVEL, STURDY AND FREE OF OBJECTS,
SUCH AS NAILS, SCREWS, DIRT, CRACKS, ETC THAT COULD CAUSE INJURY
TOTHEABTI$J~I3.AND, CREW AND EQUIPMENT. THE STAGE AND LOADING
AREAS SHOULD HAVE WORK LIGHTS AND PLASTIC. . ~
2. Sound Wings are to be installed on both downstage sides of the stage. 5ft high
by 12ft deep by 16ft wide.
3. At both upstage corners of the stage there should be a set of quality built stairs
attached and with lighting. Artist and Band will not climb makeshift stairs.
4. All outdoor stage shows should have a covered top. All rooftops should be
LOAD BEARING. In the event of an outdoor show the Artist equipment should
have covers available to protect from bad weather.
5. House mix position and monitor mix position must be covered and protected
from inclement weather with work lights. SOUND SETS UP ON THE GROUND
100FT OUT CENTERED FROM THE DOWN STAGE EDGE.
6. A monitor position platform is to be installed behind the stage left sound wing.
24ft wide 12ft deep by 24 inches high with stairs.
7. A lighting riser at Front Of House 8ft by 8ft by 24 inches high with stairs.1- 6ft
or 8ft table.
Clay Walker Production provides a Thrust extension 10ft wide by 12ft deep
Centered, extending from the downstage edge. The first row of seats will start
two feet around this point. In case of seating problems please call the production
manager Bruce Dare 713-628-5388.
11
u_,.._.,,_______·____
Agenda Item No. 1602
February 8, 2005
Page 17 of 28
. . . . . FAIRS AND FESTIVALS 2005
A.10-Expérïen~ed stage hands (CW FAIR PRODUCTION)
B. 4-Truck loaders
C. 3-Experienced riggers (1-ground, 2-climbers up)
D. 2-Spot Light Operators
E. 1-Forflift and Operator
F. 1-Electrician Licensed
G. 1-Stewart
H. 2-Deck hands at set show time
ALL STAGE HANDS ARE FOR THE SOLE USE OF CLAY WALKER PRODUCTION
CREW AND PRODUCTION ONLY FROM LOAD IN TO LOAD OUT AND UNTIL ALL
TRUCKS AND BUSES ARE LOADED.
A. House Speakers:
1.V DOSC 24 (12 per side flown where possible)
2.V DOSC 12 (6 per side flown where possible
3.16-Crown MA 5000 VZ Amps
4. 2-Crown racks for the subs
5.1-V DOSC Motor and rigging package
6.4-Experienced Techs for sound
Sound Requirements 2005
Note: CLAY WALKER 2005 FAIR AND FESTIVAL PRODUCTION IS SELF-
CONTAINED ON SOUND ONLY. ALL THAT IS NEEDED FOR FAIRS AND
FESTIVALS IS STACKS AND RACKS AND (100 AMP) 3-PHASE, TAPPING OFF
THE IN HOUSE SOUND. (NOTE: SOUND ONLY)
Note: THERE WILL BE NO SHARING OF MONITORS WITH OTHER ARTIST ON
SET SHOW DAY.
Note: THE STAGE NEEDS TO BE CLEAN AT SET LOAD IN TIME AND CW
MONITORS ALWAYS GO STAGE LEFT. ANY CHANGES MUST BE CLEARED
WITH PRODUCTION.
12
Agenda Item No. 16D2
February 8, 2005
Page 18 of 28
1_ Clav Walker Liqhtinq Requirements 2005 -PEn n1JVA.N~
~ I N\ MJJ M. t;::D 1l.--
~ource-4 or par-64s flown two truss system.
lown 3ft off the downstage edge
C. own 32ft from the downstage edge
D. All to have safety gear and ladders for focus
E. Trim height is 28ft on the downstage truss
F. Trim height is 24ft on the upstage truss
G. SEE LIGHTING PLOT FOR AND CHANNELS AND SPOT COLORS.3-
f:<r1c>",!,ledgable Lighting Tech's.
H. TWO DIMMER RACKS OF 48 (DMX) _
I. ONE DMX Console (spare only) one 300ft DMX snake
CW SOUND 2005 PROVIDES
Staqe Monitor System
1-Midas H3000 (48-channel) monitor console
8-Shure wirelesses in ear units (500-700)
2-Shure U1 wireless Mid.
1- Yamaha 990 reverb
1-T.C. Electronics M-One
2-Stereo 1/3 Graphic EQ
1-Com station with beacon and handset
1-54 channel snake
4-12 channel sub boxes
1-15" sub with amp (for drums)
4-Clair 12 am wedges with amp (2 for downstage center position)
7-Tall mic. Stands with booms
10 short mic. Stands with booms
3-Tall straight mic. Stands
Front Of House SOUND: Matt Cloutier / Enqineer cell # 214-435-6682
1.Midas H3000 (48-channel + 4 way stereo) F.O.H. Console
8-dbx 160 comps
8-drawmer gates
1-BSS DPR 901 II
2-Yamaha 990 reverb
1-T.C: Electronics 2290
.1-Lexicon 480L With Larc controller
'1-CD Player
1-DA T Player
2-Stereo 1/3 Graphic EQ
1-Com station with beacon and handset
13
---------~-~ -----
Agenda Item No. 1602
February 8. 2005
Page 19 of 28
CW LIGHTING 2005 PROVIDES
LIGHTING F.O.H.
1-WhoJehog III with remote (F.O.H.)
1-Monitor system(F.O.H.)
1-300ft DMX Snake (5 lines + power)
Dimming: 4-Doug Fleaner Splitter
1-ETC 24-way sensor rack (cam in and cam out)
200feet # 2 feeder, 1 set of 5 tails, 2 sets of #2 10ft jumpers
Moving Lights:
12-Martin Mac 2000·
12-Studio Color 575
6-Studio Spot 250,s
4-Martin Atomic Strobes
1-Moving Light distro and all cable needed
4-Thomas 8 lights,
2-D 50,s with 2 fans (upstage left and upstage right)
1-Clearcom Station (10-headsets 10-belt packs) 4 go to F.O.H. Spotlights, 1 upstage
left stairs, 1 upstage right stairs,
1 F.O.H.Lìghting, 1 upstage right dimmers, 2 spares.
1-White Shark tooth backdrop 25ft by 40ft(out doors)
Motors and Riqqinq
4-1 ton CM Loadstar Motors
1-8 way motor controller (with power cable)
1-Full rigging package (1 0-5ft steel, 10-1 Oft steel, 8-20ft steel)
4-125ft motor cables
8-black 6ft span sets 4-black 3ft span sets
24-Shackels, 12-burlapbags
2-Pickel
4- Thomas 10ft 12inch truss (mini beam)
2-Truss Wrenches
1-Amo Box with 24 truss nuts and bolt (48 washers) grade 8
CW LIGHTING PROVIDES
EFFECTS PROVIDED BY CW PRODUCTION
6-Confetti cannons (OS Truss)
5-Auto Launcher Streamers (OS Truss)
20-Hand held Streamers
2-Storms (Glitter)
Beach Balls
1-Air compressor all cable needed, all air hoses needed
14
-
CLAY WALKER BACKLlNE
GUITARS:
1-Gibson Les Paul Standard
1-Fender American Standard Strat
1-Fender American Standard Telecaster
1-Chet Atkins Model Nylon String
1-Takamine Santa Fe Acoustic
1-Gibson Acoustic
1-Dobro with pickup (dw60 square neck)
1-Gibson RB Banjo with pickup
1-Gibson FS/F9 Mandolin with pickUp
1-upright bass with pickup
1-Zeta Acoustic Fiddle
AMPS:
2-Nashville 400 Amps for the Steel
1-Fender Deluxe amp
KEYBOARDS:
1-Yamaha Motif ES-8
1-Yamaha Motif ES-6
1-Keyboard Bench
1-Double Tier Keyboard Stand
NOTE: Needs to support 2-88 note weighted keys seated position.
CLAY WALKER BACKLlNE
PERCUSSION:
1-Set of Congas
1-8et of Timbales
1-Tambourine
1-Cowbell
15
Agenda Item No. 16D2
February 8, 2005
Page 20 of 28
.--_..._----~._.- _.~_..-
Agenda Item No. 1602
February 8, 2005
Page 21 of 28
DRUMS: (FISES)
20" Bass Drum
10",12",14" Toms
2-5 % by 14 Snare
1-5 by 13 Snare
Hardware-OW (Drum Workshop)
Double Pedal (1 -Spare pedal also)
2-Snare Stands
4-Cymbal Stands
1-Hi-Hat Stand
Hardware for the TOMS
Mount Arm for Cyclops Tambourine (with Tambourine)
Cymbals-Sabian AAXSeries
14" Hats
17" Crash
18" Crash
20" Ride
16" China Crash
Throne-Roc-N-Soc- (Bicycle Style)
1-EarnieBall Volume Pedal
NOTES: Stands and Straps for all Stringed Instruments
Power supply and Pedals with all Keyboards plus one midi cable.
Any Questions Please call Bruce Dare at713-628-5388.
Clay Walker X SET
The set is 32ft wide and 17 feet deep the set is on Wheels and can be moved when
needed, This Set takes 4 stagehands 20 minutes to build and longer to strike with band
gear.
DRESSING ROOMS
1-CW STAR ROOM
2-CW BAND ROMMS
1-CW CREW ROOM
i-PRODUCTION OFFICE;
'1 "LARGE,M EET.& G R.E;ÈT 'RÓOM '
VIDEO
James Ray 972-780-7802
MERCHANDISE
Brian Honeycutt 817-247-5843
16
Agenda Item No. 16D2
February 8, 200.5
Page 22 of 28
STAGE CALL. SET UP & SOUND CHECK
A. Buyer shall provide Artist access to the Venue at least 10 hours prior to the show
time for load in and sound check.
B. Buyer agrees to a mandatory sound check, to be completed prior to the opening
of the Venue doors and admission of ticket holders.
C. Buyer or his/her representative must be present from the time of load in until
load out has been completed.
D. Opening Acts must finish their set 30 minutes prior to the Clay Walker Show
Time.
E. Any Questions Concerning Full Or Fair Production Please Call Bruce Dare 7l3-
628-5388
PRODUCTION SECURITY
A. Buyer shall provide one security person from set load in time until the last bus
leaves the bldg grounds.
B. THIS PERSON NEEDS TO SIT AT THE PRODUCTION OFFICE UNTIL SLOG
SECURITY ARRIVES AND TAKES OVER.
CW FOOD AND CATERING RIDER
CLAY WALKER DRESSING ROOM
1-Case of Water
1-12pk Coke
1-6pk Vanilla Cappuccino Ice Coffees
1-Bag of Ice
1-Sleeve of cups,
6 large bath Towels
I
CLAY WALKER BUS # 1
1-Bag White Pistachios
1-Case assorted chips
1-Bag assorted hard candy
1 -Box gold fish crackers
1-12pk AW root beer
1-12pk Coke
1-Case of Florida OJ
1-Case of Water
-+ Ca3ð of OuJ lIyhL
..+-Dðtlh:¡ vI C I VVVI I F\~serve -
1-501b bag of ice delivered upon arrival.
/"
toVNì"'t n'tC\.~1'4 f\. (") --",,1)~6
uN (.l (l.~ 1\) ç>t2J¡ V¡~~ f<t1.l-Oi1.0ùt ~W~(R
17
-- ..-------- ---~
1-Case Water
1-12pk Coke
1-8ag of Ice, 1-Sleve cups
12 Large Bath Towels
CLAY WALKER BAND DRESSING ROOM
Agenda Item No. 1602
February 8, 2005
Page 23 of 28
1-Case of Water
1-Case of assorted diet drinks (Dr Pepper, Mt Dew, Coke)
.2-CíiiSO£ Bud light...
1-Case assorted Chips
1-Case of assorted Gatorade
% Case of Orange Juice
% Case of Apple Juice
% Case of Grape Juice
CLAY WALKER BAND BUS # 3
1-Case water
1-Bag of Ice
8-Large Bath Towels
CLAY WALKER CREW DRESSING ROOM
1-Case Water
1-Case of Gatorade
% Case of Orange Juice
% Case of Apple Juice
% Case of Grapefruit Juice
1-Case Pepsi
1-Case Dr Pepper
1 Cace Bud light
+-C.:1ce of COOl5 Ligl,t -
1-Case of assorted Chips
1-Sleeve of Large Cups
. 1-501b Bag of Ice
CLAY WALKER CREW BUS # 4
DELIVERED TO THE CREW BUS UPON ARRIVAL 9:00AM
DELIVERED TO THE PRODUCTION OFFICE 30 MINUTES PRIOR TO SET SHOW
TIME.
1-5- WHOLE LEMMONS
2-1-JAR OF HONEY
2-CASES OF STAGE WATER (room temp)
12 STAGE TOWELS
1-Spoon, 1-Knife
18
Agenda Item No. 16D2
February 8, 2005
Page 24 of 28
MEALS:
8:30AM_Hot Breakfast and drinks for 12 people (Coffee)
Drinks to be provided throughout the day for personal
12-1 :OOpm_LUNCH for 17 people (sandwiches, burgers, soup)
5:00-7:00pm Hot mea! for 27 people, consisting of one meat entree
two vegetables, bread, dessert and beverages.
11 :OOPM After Show food, Delivered to the production office
MEALS MUST BE PROVIDED AT THE VENUE
IF THE HOT MEALS ARE NOT POSSIBLE OTHER ARRANGEMENTS MUST BE
MADE.
Tour Manaqer:
Davis Chalmers
Cell: 713-302-8604
Production Manaqer:
Bruce Dare
Cell: 713-628-5388
THIS ENGAGEMENT IS NOT FIRM AND NO ADVERTISING CAN BEGIN UNTIL THE
CONTRACTS AND RIDERS ARE FULLY SIGNED AND EXECUTED.
AGREED TO AND ACCEPTED BY:
~.-~..._._~--
ATIEST:
APprov.ed as to fO. rm an~ DWIGHT E. BROCK. Clerk
~
By'
~ . Deputy Clerk
obert ac
Assistant County Acto . BOARD OF COUNTY COMMISSIONERS
mey . COLLIER COUN1Y, FLORIDA
By:
Fred Coyle, Chairman
19
Har-ry
Gtr.
"
..."" .
Clay Walker Stage Plot
Keys
Steel Gtr
Bass Gtr
I
12xsi12
Fmdle
Clay
Walker
Agenda Item No, 1602
February 8, 2005
Page 25 or 28
Drums
12x8xl2
Landon
Elec.
it:
.. Q
S"'C~
-- Q
CI .. till
o 0 O
~~ù5
..' .-
Agenda Item No. 1602
February 8, 2005
Page 26 of 26
. .
CLAY WALKER FAIR 2005 PLOT P:g~~~i~~~~:~~~ER-BRUCEDARE
UPSTAGE
0000
.3
0000
SPOT COLOR
1. 3409 4. 182
2. 3208 5. 797
3. 3202 6. 778
0000
..
0000
0000
.5
0000
0000
<48
0000
DOWNSTAGE
---~-.,---".------
genaa em I o. 6D2
WHITE OUTDOOR CYC February 8, '005
~~~ P',027""
SET DIM. =32W x18L
7 8 9 10 11 12
~~~\§Õb~~\/\~~
19,: 20 ~'. . 22 23 24
PLEASE BEAWARE: 3 POINTS ON
THE DOWNSTAGE TRUSS IF-POSSIBLE
~.YPROMOTER) .
o . _
13 . 14 '. 15' 16 '17 18
NOTE: PLEASE BE SURE STAGE
LEFT IS CLEARED FOR OUR MONITORS
[/' '112.::~II/' ~"SI/' 'II~II/' ~"S!/' 'II~II/' ~~
CLAY WALKER OPTIONAL MINIBEAM TRUSS: BRUCE DARE
FAIR U RODEO PLOT 200 - (IN-ADDITION TO THE DOWNSTAGE PRE-RIG' PRODUCTION
OVlNG LIGHTS TRICKS THIS TRUSS HELPS DISTRIBUTE THE CONFFETTII 71.3-&28-5388
AND STREAMERS AND HELPS EASE OF LOAD\OUT) _ _ __
. .
-~---~,.~
.
.
r~
hi,·
.....'1"';...- EB
21 30
32 . 22
~~.~
o ,-~ - - 0 I ~-;-- 0 ---, ",,0
1 27 . 2 31 31 3 28 4
~ .. 00
~~\/\L~\I~~\/~
54 55 56 57 58 59
lill
CLAY WALKER
FULL PRODUCTION zoos 1
BRUCE DARE
PRODUCTION
713-6Z8-S~88
_~_w_._
Agenda Item No. 1603
February 8, 2005
Page 1 of 11
.~
EXECUTIVE SUMMARY
Approve deductive Change Order No. 4 in the amount of (..$452,280.80) for
direct purchase of materials for the North Naples Regional Park, Contract
No. 01-3189.
Obiective: To achieve tax savings by purchasing materials for use in connection with
the North Naples Regional Park directly from the vendors and to use those savings to
fund unbudgeted components of the project.
Considerations: On September 21, 2004 the Board of County Commissioners awarded
Guaranteed Maximum Price (OMP) Contract No. 01-3189 to Kraft Construction in the
amount of $53,802,645 (Item 10F). According to Exhibit 0 of the contract, the County
has the right to purchase màterials directly from vendors for use in connection with this
project, saving the 6% Florida Sales Tax in the process.
,,-'
As part of the Direct Material Purchase (OMP) process, Kraft has prepared and submitted
deductive Change Orders No.1 through 3, which cumulatively total $5,193,776.34. This
amount is less than the positive or negative 10% threshold and therefore did not require
BCC approval. These deductive Change Orders were staff approved and consisted of fill
dirt, pìpe, water/sewer mains, structures, pumps, sports lighting, concrete, rebar, concrete
block, electrical supplies, motors, and sprinkler pipes.
Since that time, Kraft has submitted deductive Change Order No.4 for (-$452,280.80) for
Direct Material Purchase. Since the cumulative amount of the deductive Change Orders
reduces the original contract price by an amount greater than 10%, the BCC is required to
approve Change Order No.4. Deductive Change Orders No. 1 through 4 and associated
Direct Material Purchases result in tax savings of $338,763.43 to the project.
The DMP program will continue throughout the life of the project and may result in
savings of approximately $1,000,000 to the County. The money saved will remain in the
County's North Naples Regional Park project.
County purchasing policy requires that any change order amount over or under 10% of
the original contract be approved by the Board of County Commissioners. Change Orders
No. 1 through 4 combined exceed the amount allowed by staff authorization, thus
requiring Board approval.
Fiscal Impact: The funds will remain in the Regional Park Impact Fees Fund (346),
North Naples Regional Park Project (80602).
Growth Manaaement ImDact: North Naples Regional Park will be inventoried in the
Growth Management Plan.
,--
~,<,_"_~_"".'t',..,..,,.~
"".",,¡'<. ....-_.~_._".,
,·,·,,·,_·_t_·__
,,-,-,-_.__..-...^.~.
"->.<-"'--"~--
Agenda Item No, 1603
February 8, 2005
Page 2 of 11
-
Recommendation: That the Board of County Commissioners approves Change Order
No.4 to Contract No. 01-3189.
PreDared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation
Department
~
,-
Agenda Item No. 1603
February 8, 2005
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16D3
Approve deductive Change Order NO.4 in the amount of $452,250.80 for direct purchase of
materials for the North Naples Regional Park, Contract No. 01-3189.
Meeting Date
2/8/200590000 AM
Approved By
Kathy McLarty-Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
1128120054:21 PM
Approved By
Marla Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
1128/20055:23 PM
Approved By
Murdo Smith
Beach and Water Superintendent
Date
Public Services
Parks and Recreation
1/28/20055:24 PM
Approved By
Linda Jackson
Contracts Agent
Date
Administrative Services
Purchasing
1131/20058:49 AM
Approved By
Steve Carnell
PurchasinglGeneral Svcs Director
Date
Administrative Services
Purchasing
1/31/20059:18 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1131/200511:23 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/31/20051:31 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/31/20052:03 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Agenda Item No. 1603
February 8,2005
Page 4 of 11
Commissioners
County Manager's Office
2/1/2005 9:25 AM
Agenda Item No. 1603
February 8, 2005
CHANGE ORDER # 4 Page 5 of 11
TO: FROM:
Kraft Construction Company, Inc. Board of Collier County Commissioners
2606 South Horseshoe Drive Collier County Parks and Recreation Dept.
Naples, Florida 34104 . 3300 Santa Barbara Boulevard
Contract No.: 01-3189 Naples, Florida 34116
Project Name: North Naples Regional Park Project No. 80602
Contract Dated: September 21, 2004 Purchase Order No. 4500037217
Change Order No.: 4 Date: January 21, 2005
Change Order Description:
This deductive change order #4 is in connection to the Owner's Direct Material! Equipment
Purchase Program (DMP) of goods and materials for the North Naples Regional Park project.
On September 21,2004 the Board of County Commissioners approved the Guaranteed
Maximum Price (GMP) contract with Kraft Construction for the North Naples Regional Park
in the amount of $53,802,645 (agenda item 10 F). In accordance with Exhibit 0 of the
contract, the County has the right to purchase materials directly from vendors for use in
connection with this project. A deductive change order is required to be executed with Kraft
to facilitate this process. Kraft Construction has provided the County a fourth package
covering the fourth of several DMP requests.
Request #4 is for the direct purchase of light fixtures. This request totals $452,280.80. In
essence, by executing the DMP process on these items the County will save the 6% Florida
Sales Tax which totals approximately $25,600. The total sales tax savings to date for the
project is $338,763.42. This money saved will go back into the County's project fund for
other project uses, such as furniture acquisition, fitness equipment, furnishings, etc...
Collectively, all change orders to date add up to $5,646,057.14 which is 10.49% below the
contract amount which requires Board of County Commissioner's approval as it is over the
10% limit.
This deductive Change Order #4 totals $452,280.80 which will be deducted from Kraft's
purchase order after the change order is fully executed. No additional days are being added
to the project timeline to account for these changes.
See attached summary and schedule of fees for this Change Order No.4.
Original agreement amount .................................................................. ...... $53,802,645.00
Sum of previous Change Orders..... ............... ........................... ...($-5,193,776.34)
This Change Order No.4 Amount [deduct]............................................. ($ -452.280.80)
Revised Agreement Amount ..................................................................... .$48,156,587.86
Original contract time in calendar days...................... ........................ .....548 days
Adjusted number of calendar days due to previous change orders .......................0 days
This change order adjusted time is.. ... ....... ... ........... .... ....... ........ ... .... ........0 days
Revised Contract Time in working days... ......... ............ ... ...... .... .............548 days
Original Notice to Proceed date ..................................................
Completion date based on original contract time.........................
Revised completion date due to change order(s) .........................
November 8, 2004
May 10,2006
May 10, 2006
Change Order No. 1
Page 2
Agenda Item No. 16D3
February 8, 2005
Page 6 of 11
Your acceptance of this change order shall constitute a modification to our Agreement and
will be perfoffi1ed subject to all the same terms and conditions as contained in said
Agreement indicated above, as fully as if the same were repeated in this acceptance. The
adjustment, to this Agreement shall constitute a full and final settlement of any and all claims
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
~=dbY:~ cC/)¡6
I seph F. Delate, ASLA; Semor Project Manager
Parks and Recreation Department
Accepted by: ß.b~~~
Rbbert Carsello, Chainnan
~Y'Inc.
Approved by: (
Murdo Smith, Interim Director
Parks and Recreation Department
Date:~
Date:J./;;u, 1 óS;-
Date: / ~/6--~
JFH-2S-20Ø5 16:34
ca.J..IER CO PRK
Agenda Ite~ 1603
February 8, 2005
Page 7 of 11
þ
CONTRACT MODlACATlON
CHECKUST FORM
PROJECT NAME: NORTH NAPLES REGIONAL PARK PROJECT #: 80602
BIDIRFP 41: 01-3111 IIOD t: 4·· AMOUNT OF THIS CHANGE (.....U,280.80)
PO I: 4500037211
CONTRACT AMOUNT: ORIGINAL .,102,14& CURReNT ....,15&,587..
(BTAIn'INCI POIN1) (lNCI.IDNCI'" CHANGE ORDl!R)
Last Bce Approved Amount SU,802,145
(LAITTØTAL NIT. RIQUIRlNG IICC APPROVAL)
DIIte of Laet Ice Approval: If21I1OO4 Agendlnem # 10 F
CUmulath/ll Dalllll' Val... of Change Ordllra to this ContractlWork O"'r: $5,646,057.14
Percentage of the ch.. over/under cul'l'lll1t contract amount -10.41% TIII8 Item 'S going In front of
the BCC for lIf'PI'avel _ part of the JJ8/& agenda.
Fonnula: (Current Amount I Lut ace approved amount)-1
Results and Actions: If the change exoeeda 10% BOe approval is required; under 10% reported to.BCC on
Purchasing report. For speoItlo Information regarding won< order thresholds, please refer to the Contract
Administration Procedures, SectiOn 111.0.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 511012001 CURRENT: &11012006
SUMMARY OF PROPOSED CHANGE (8): Idrify the changes. ThIs dllductlw change order M I.
auocladed with the Direct Mater.aI. Purchull of maWlaIs directly from the projtlct venda,. of the
North Nap... Rea10nal Park coR8lrUGtlon project. By deducting the direct com of certain .............
farm Kratt ConstnlGllon's purchall order and purchasing directly fonn the vendDr, the County Ie able
to ami 1M 8% Florida Sat.. Tax on the purch..... In th18 cue, the _vlng. on the $4I2þ'lO.IO of
purctuuIa lIquals approximately $25,100 In taX ..vln... to the Coumy. ColIectIVIIly all change orcIeI'S
IIdd up to .,141,057.14 which equates to a tax aavlnge of S 338,76S.A2 to the County.
JUSTIFICATION FOR CHANGe (8): What value or bendt do th_ changes provide to the project?
Exhibit 0 of the ContnlCt ... out the pfOClldura for executing the Direct Mat8rial purc:b8a of
goods. 1111s Change Order I. gonalalMlt with the oontnø'e procedure IIIId Is In concert wIttt the
County"s policy of Sat. Tax aavlnp thru direct pure"""
PAlmES CONTACTED REGARDING THE CHANGE: Parks and Recreation Director, Public Servlaee
AdmInl....,r. Purchulng Contracts Agent, CIIIrb Flnsnca Department Special Projects Coordlnmar_
IIIPLEMENTA110N STIPS (Yllñty.-:h bldol'll proceeding with ohange using Y, N or NIA)
Y Proposed change is consistent With the scope of the exleting agl'88lT18nt
Y Proposed change illn fact an addition or deletion to the existing IOOpe
Y Chang. Is beIng implemented In a manner ooneletent with the existlng agreement
Y The appropriate parties have been oonsultød regarding the change
V Propa88d prJ fa In the change .... l'IIBSonBble
PROJECT N: ".18 form's to be~dated.
APPROve B . Date:
p
Dats: /... zs- /tJ S-
f
r
Reviled 12123104
Agenda Item No. 16D3 I
February 8, 200
Page 8 of 11
Date:
Tuesday, January 25, 2005
To Steve: 1125
To. Bonnie:
BCC Report: NA will be presented to the
BCC as an agenda item
RE: Contract Number:
01-3189
Contract Name:
North Naples Regional Park
Project Number:
80602
Change Order Number:
No.4
Contractor/Consultant:
Kraft Construction
Change Order Amount:
(-$452,280.80)
Last BCC Approved Amount:
$ 53,802,645.00
$ 48,156,587.86
Revised Agreement Amount:
Cumulative Change Order Amount (-$5,646,057.14)
Percentage Increase/Decrease:
-10.49%
aterial purchase, deductive change order.
Contract Specialist:
--
Date: / ~¿Š- -().:)
Date: I"' (b -06'
Scanned Date:
Data Entry Information:
Type of Change: Contract
Project Manager: Joe Delate
Deparbnent: Parks and Recreation
Scanned copies of the back up documentation may be located on the Purchasing G drive:
G:/CurrenJ-Changes to Contracts
G:/ Current - Changes to Work Orders
.
CHANGE ORDER
AlA DOCUMENT G701
Agenda Item No. 1603
DlSTii~. 2005
~90f11
Architect
Contractor
Field
Other
.--.
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATIORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICAU.Y DRAFTED AIA DOCUMENTS MAY BE MADE USING AIA
DOCUMENT D40 I.
PROJECT: ClO-01250
North Naples Regional Park
15000 Livingston Road
Naples, FL 34109
CHANGE ORDER NUMBER:
Four (4)
DATE: January 13,2005
TO CONTRACTOR:
Kraft Construction Company, Inc.
2606 S. Horseshoe Drive
Naples, FL 34104
ARCHITECT'S PROJECT NO.: 0.125
CONTRACT DATE: September 21,2004
CONTRACT FOR: Water Park, Buildings & Sports Facilities
The Contract is changed as follows:
Deduct for the Direct Material Purchases (see attached summary dated January 13, 2005)
Not valid until signed by the Owner, Architect and Contractor.
/~'
The original (Ceøaet i\me1:JRt) (Guaranteed Maximum Price) was ..................................................$
Net Change by previously authorized Change Order #01 - 03 ...........................................................$
The (Cootmet Swn) (Guaranteed Maximum Price) prior to this Change Order was...........................$
The (CeRtfaet S1:Im) (Guaranteed Maximum Price) will be (iaereased) (decreased) (ooesaøgeli)
by this Change Order in the amount of........................... .....................................................................$
The new (CeBtraet SWB) (Guaranteed Maximum Price) including this Change Order will be: ..........$
53,802,645.00
(5,193,776.34)
48,608,868.66
(452,280.80)
48,156,587.86
The Contract time will be (inereaesd) (àeereeaeà) (unchanged) by 0 days.
The Date of Substantial Completion as of the date of this Change Order therefore is same.
NOTE: This summary does not reflect changes in the Contract Swn, Contract Time or Guaranteed Maximum Price, which have been
authorized by Construction Change Directive.
Address:
100 East Pine Street, Suite 204
Orlando, FL 32801
Address:
2606 S. Horseshoe Dr.
Naples, FL 34104
OWNER:
Collier County, FL
Parks & Recreation
Address:
3300 Santa Barbara Blvd.
Naples, FL 34116
ARClßTECT:
Bellomo - Herbert and Company, Inc.
CONTRACTOR:
Kraft Construction Company, Inc.
BY:
BY:
DATE:
DATE: January 13.2005
DATE:
AlA DOCUMENT 0701 - CHANGE ORDER
TIm AMERICAN INSTITUTE OF ARCHITECTS, 171 S NEW YORK AVE., N.W., W ASHINOTON. D.C
G701-1978
,,-
I
'-,
North Naples Regional Park
Change Order #04
Direct Material Purchases (January 13, 2005)
Agenda Item Noe 16D3
Februarj 8, 2005
Page 10 of 11
Item # Subcontractor Supplier Material Description Material Cost Sales Tax Total C.O.
1 SOW. Electric Mavor Electric Supplv Uaht Fixtures 426.680.00 25.600.80 452.280.80
Totals:
426.680.00
25,600.80
452,280.80
PURCHASE ORDER REQUISITION
..J
Date: ðJ- &: - f"
Requested by: £ ./ J IA/ t:..\. ~ r: ¿ , f/. ~ ~
C·-·
Amount:
Cost Center
Bid #:
Expiration Date:
Agenda Item No. 16D3
February 8, 2005
Page 11 of 11
NORTH NAPLES REGIONAL PARK
Vendor #:
Requisition #:
Shic To
So ú"'fHWE~;- G c..e-C"T')e..I c.-
c/o Kraft Construction Co., Inc.
15000 Livingston RD
Naples, FL 34109
4Z~ hJra, 00
II Object Code
BCC Approved:
Project Number
Description
Provide ,- ,<
in accordance w plans and specifications by Bellomo.,.Herbert & Co., Inc., architect for the
North Naples Regional Park, not to exceed $ 4 't.. 6. tR(). {J 0 '
sales tax not included. ;'
All invoices must be approved by the Construction Manager prior to payment.
Mail invoices to:
TOTAL
Joe Delate. Senior Project Manager
Date Entered:
iIQ,-uo'-_-""
Agenda Item No. 16E1
February 8, 2005
Page 1 of 4
,-
EXECUTIVE SUMMARY
Recommendation to approve a Resolution authorizing the Chairman of the Board of
County Commissioners, Collier County, Florida, to execute Agreements, Deeds, and other
documents required for the sale of GAC Land Trust property during the 2005 Calendar
Year.
OBJECTIVE: Board of County Commissioners' (Board) approval and execution of the
attached Resolution authorizing the Board's Chainnan, during the 2005 calendar year, to execute
Real Estate Sales Agreements, Statutory Deeds, and other documents related to the sale of GAC
Land Trust Property (Trust Lands) in Golden Gate Estates which were conveyed to Collier
County by Avatar Properties, Inc.
CONSIDERATIONS: On November 15, 1983, Avatar Properties, Inc., and the Board entered
into an Agreement (Avatar Agreement) whereby Avatar would convey, in phases, to the County,
at no cost, 1,061.5 acres of Trust Lands in Golden Gate Estates. These conveyances came with
the stipulation that the Trust Lands and money derived from the sale thereof would be used by
Collier County for purposes directly beneficial to the residents of Golden Gate Estates.
~
The Avatar Agreement further provides that transactions must close within 120 days of the date
of the appraisal. Ifnot, the Real Estate Sales Agreement becomes null and void and the County,
instead of the purchaser, will be required to pay for the cost of the appraisal. Prior to 1989,
transactions were submitted to the Board individually for approval. However, recognizing the
difficulty in meeting this 120-day timeframe, Boards have since given the sitting Chainnan the
authority to execute Real Estate Sales Agreements, Statutory Deeds, and other related closing
documents on behalf of the Board without the necessity of presenting each transaction to the
Board for approval. This process still gives the Chairman, if he or she so desires, the flexibility
of having Real Estate Services' staff present a transaction to the Board.
All documents required for a sale are first reviewed and approved by the County Attorney's
Office prior to submittal to the Chairman for execution.
This request only affects those parcels currently on the Available List of Trust Lands for sale. At
its December 14, 2004 meeting, Agenda Item 16E4, the Board directed that Trust Lands on the
Reserved List can only be moved to the Available List with the Board's approval.
The attached Resolution has been reviewed and approved by the County Attorney's Office.
FISCAL IMP ACT: All proceeds from property sales are deposited in the GAC Trust - Land
Sales (605).
GROWTH MANAGEMENT IMP ACT: There is no impact to Collier County's long-range
planning effort.
,.--
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Agenda Item No. 16E1
February 8, 2005
Page 2 of 4
RECOMMENDATION: That the Board approve and accept the attached Resolution,
authorizing its Chainnan to execute this Resolution on the Board's behalf; and authorizing its
Chairman, during the 2005 calendar year, to execute Real Estate Sales Agreements, Statutory
Deeds, and such other documents required for the sale of Trust Lands.
PREPARED BY: Toni A. Mott, Manager, Property Acquisition & Sales, Real Estate Services I
Facilities Management Department
Agenda Item No. 16E1
February 8, 2005
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
16E1
Recommendation to approve a Resolution authorizing the Chairman of the Board of County
Commissioners, Collier County. Florida, to execute Agreements, Deeds, and other
documents required for the sale of GAC Land Trust property dUring the 2005 Calendar Vear
2/8/200590000 AM
Item Number
Item Summary
Prepared By
Date
Toni A. Mott
Real Property Supervisor
1/26/20057:11 :57 AM
Administrative Services
Facilities Management
Approved By
Charles E. Carrington. Jr.,
SRIWA
Real Estate Set-vices Manager
Date
Administrative Services
Facilities Management
1/26/20057:33 AM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
1/26/20053:07 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
1128/200511 :19 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28/2005 1 :00 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/28/20054:47 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/31/20058:33 AM
---""--
--.----
Agenda Item No. 16E1
Februäry 8, 2005
Page 4 of 4
RESOLUTION 2005 -
A RESOLUTJON OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLŒR COUNTY, FLORIDA. AUTHORIZING THE EXECUTION OF
THE REAL ESTATE SALES AGREEMENTS AND STATUTORY DEEDS
FOR THE G.A.C. LAND TRUST PROPERTY BY THE CHAIRMAN OF THE
BOARD FOR THE 2005 CALENDAR YEAR.
WHEREAS, Collier County, Flonda entered into an agreement with Avatar Properties Inc.
on November 15, 1983 to accept as Trustee 1,061.5 acres of real property in Golden Gate Estates
for the purpose of sale to the puhlic; and
WHEREAS, Collier County, Florida accepted the acreage in phases: Phase I on November
15, 1983, Phase II and III on February 16, 1988 and Phase IV and V on June 13, 1989; such
conveyances have been recorded in the Public Records of Collier County. Florida; and
WHEREAS, on April 5, 1988, and March 10, J 998, the Board of Counry Commissioners
approved the marketing procedures for the sale of the Golden Gate Estates property conveyed by
Avatar Properties Inc. Thereupon the Facilities Management Department has been actively
marketing the propel1y (Phases I through V) for sale to the general puhlic; and
WHEREAS, there is a benefit to the County and to the public if the administrativc
procedures concerning the Real Estate Sales Agreement documents and Statutory Deeds are
expedited. while maintajning the safeguard of staff and legal counsel review of such documents;
and
WHEREAS, the Board of county Commissioners recognizes the benefit of reducing time for
Board approvals and the subsequent closing process on revicwed and approved Real Estate Sales
Agreements and Statutory Deeds.
NOW. THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, that
I. The Board of County Commissioners does herehy authorize the Chairman of the
Board of County Commissioners to execute Real Estate Sales Agreements and
Statutory Deeds resulting from the Agreement dated Novemher 15, 1983 and the
County's administration of such Agreement. whereupon the Real Estate Sales
Agreements and Statutory Deeds have been previously approved by the Facilities
Management Department, the Finance Department and the County Attorney's
Office.
2. The authorization of the Chairman to execu1e Real Estate Sales Agreements and
Statutory Deeds hereunder shall extend solely tor the 2005 calendar year.
This Resolution adopted this _ day of
and majority vote.
,2005, after motion, second
A ITEST:
DWIGHT E. BROCK, CJcrk
ROARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
BY:
FRED W. COYLE. CHAIRMAN
Approved as to 7rm and legal sufficiency:
01~ c1 t-
~ '....
Heidi F. Ashton
Assistant County Attorney
:.:' .::~:'
Agenda Item No. 16F1
February 8, 2005
Page 1 of 2
".--
EXECUTIVE SUMMARY
Approve a Budget Amendment to Recognize and Appropriate $12,000 of
Unanticipated Revenue from Isles of Capri Fire District Inspection Fees
OBJECTIVE: Board of County Commissioners approval of a budget amendment
recognizing and appropriating unanticipated revenue generated from Inspection Fees by
the Isles of Capri Fire District.
CONSIDERATIONS: The Isles of Capri fire inspection program is funded by fees
charged for fire safety inspections of new construction. Funds from Fire Inspection
revenue are necessary to fund the fire inspector's salary and benefits thru the end of
Fiscal Year 05, and to purchase needed inspection equipment.
FISCAL IMPACT: $12,000 of unanticipated Inspection Fee Revenue will be
recognized as revenue and appropriated to the Isles of Capri FY -05 operating budget,
Fund 144.
".--
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve a budget
amendment to recognize and appropriate $12,000 of unanticipated revenue from the Isles
of Capri Fire District Inspection Fees.
PREPARED BY: Alan McLaughlin, Assistant Fire Chief, Isles of Capri Fire District
.,,-..
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Agenda Item No. 16F1
February 8. 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
16F1
Approve a Budget Amendment to Recognize and Appropriate $12.000 of Unanticipated
Revenue from the Isles of Capri Fire District Inspection Fees
2/8/2005 90000 AM
Item Number
Item Summary
Prepared By
Date
Alan M. McLaughlin
Assistant Fire Chi"f
1124/2005 2:56:59 PM
County Manager's OWce
Isles of Capri Fire Rescue
Approved By
Rod Rodriguez
Board of County
CommÎssioners
Fire Chief
Date
Isles of Capri Fire Rescue
1/25120059:54 AM
Approved By
Darcy Waldron
Senior Adminìstratìve Assistant
Dat.e
County Manager's Office
Emergency Management
1125/2005 9:58 AM
Approved By
Dan E. Summers
Bureau of Emergency Servìces
Director
Date
County Manager's Office
Bureau of Emergency Servic.es
1/26/20054:27 PM
Approved By
OMS Coordinator
Administratïve Assistant
Date
County Manager's Office
Office of Management & Budget
112712005 8 :32 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/28/200511 :09 AM
Approved By
James V. Mudd
County Manager
Date
Soard of County
Commissíoners
County Manager's Office
1/31/200510:27 AM
Agenda Item No. 16F2
February 8, 2005
Page 1 of 4
~
EXECUTIVE SUMMARY
Authorization to Remove from the Books and Records of Collier County
Certain Accounts and Their Respective Balances which have been
Previously Recognized and Recorded as Bad Debt Expense.
OBJECTIVE: Obtain authorization to remove $13,958,543.57 from the Accounts
Receivable control account and a like amount from the Allowance for Doubtful
Accounts (Bad Debt Expense) control account in the Emergency Medical
Services Fund's General Ledger. This amount is the accumulation of bad debt
expense, which has been recognized and recorded as bad debt, on 'a monthly
basis, from October 1,1995 through September 30, 2003.
CONS'DERA TIONS: Collier County began providing emergency ambulance
transportation services in 1981. Unlike the majority of governmental services
provided by the County, where fees are normally received before services are
provided; emergency ambulance services are provided (upfront) and fees are
received after the fact. This "service before fee" scenario is primarily due to the
County's responsibility to protect the public health, safety and welfare.
,-...
From the start of emergency ambulance services in 1981 up to the mid-nineties,
the County experienced, on average, a 67% collection rate or a bad debt
experience rate of 33%. In the mid-ninety's, the County began using private
business receivable management techniques and the collection rate incrèased
to, on average, 72% and the bad debt experience rate decreased to 28%.
Receivable management includes the periodic recognition (normally a monthly
basis) of bad debt expense in the books and records for accounts that have been
identified as un-collE;1ctible. There are two (2) generally accepted accounting
methods to recognize bad debt. They are:
(1) A direct write-off of individual accounts; and,
(2) A periodic or monthly bad debt recognition, which is a percentage of
the total billed in the month. .
Collier County has used the latter method since 1981.
Each month a percentage (currently 28%), based on collection experience, of the
gross amount billed is recognized and recorded as bad debt expense. Bad debt
or un-collectible accounts are determined by a variety of reasons, including
Medicare assignment (contractual) limits on the amount that can be collected for
services, Medicaid statutory limits, contractual arrangements with hospitals,
victim rights statutory adjustments, patients that cannot be located, individuals
who either refuse to payor cannot pay and for services provided to transients,
migrants, patients who die with no assets, bankruptcies, etc.
,;--
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Agenda Item No. 16F2
February 8, 2005
Page 2 of 4
-
Emergency Medical Services Bad Debt Expense is composed of (1) debt that the
county could not collect; and, (2) debt that the County is statutorily prohibited
from collecting or has contractually agreed not to collect.
The following table identifies the portion of the Allowance for Bad Debt and the
recorded Accounts Receivable, which is not collectable because of statutory
prohibitions and Board contractual arrangements. These amounts have been
recognized and recorded as Bad Debt Expense from October 1, 1995 to
September 30, 2003.
Total
Medlcarel Social Billable
Fiscal Hospital Medicaid Billing Services Transportsl
Year Adjustments Adj. Adj. Adj. Total Fiscal Year
1996 $ 10,579.40 $ 59,348.82 $ 40,218.10 - $ 110,146.32 12,500
1997 $ 335,406.23 $ 142,670.61 $ 23,785.60 $ 13,900.00 $ 515,762.44 14,997
1998 $ 296,450.25 $ 238,105.84 $ 68,478.24 $ 14,043.15 $ 617,077.48 16,062
1999 $ 309,954.43 $ 109,807.04 $ 61,332.18 $ 10,009.23 $ 491 ,102.88 17,784
2000 $ 241,342.11 $ 263,060.95 $ 75,673.03 $ 17,636.50 $ 597,712.59 17,899
2001 $ 221,802.44 $ 67,246.75 $ 12,786.64 $ 16,272.00 $ 318,107.83 16,570
2002 $ 669,693.26 $ 318,938.78 $ 42,148.03 $14,137.06 $1,044,917.13 20,016
2003 $ 667,095.33 $ 328,577.80 $ 31,987.37 $ 14,598.58 $1,042,259.08 18,782
$2,752,323.45 $1,468,407.77 $356,409.19 $100,569.52 $4,737,085.75 134,610
.---
The Billing Adjustments column ($356,409.19) is composed of Victim Rights
statutory adjustments, employee adjustments (Fiscal 1996 and 1997), patients
who die with no assets (probate), certain government insurers (Champus) and
bankruptcies.
An account receivable is recorded at the gross amount billed. Statutory amounts,
which the County is prohibited from collecting and amounts for which the County
has agreed not to collect are recorded when the collectible portion of the
receivable is received.
The Board approved the removal of 24,607 accounts with a dollar amount of
$7,063,325.54 in 1997. That approval covered bad debt that had been
recognized and recorded from 1981 through September 30, 1995.
This request for authorization to remove 46,104 accounts with a dollar amount of
$13,958,543.57 covers the bad debt recognized from October 1, 1995 through
the end of fiscal year 2003 (September 30, 2003). In the future the removal of
bad debt accounts will occur on an annual basis.
Chapter 691 -71, Florida Administrative Code allows the Board to adjust accounts
receivable for less that the full amount if the accounts have not been reported to
the Department of Banking and Finance for disposition. These accounts have not
been reported to the Department of Banking and Finance. County Ordinance 96-
,.-...
2
Agenda Item No. 16F2
February 8, 2005
Page 3 of 4
,-.
36 provides for removing these accounts from the Board's Emergency Medical
Services Fund General Ledger.
Computer printouts listing the accounts to be removed are on file in the Office of
Emergency Medical Services and the Clerk's Board Minutes and Records
Department. Any of these accounts for which a payment might be received and
processed in the future will be reactivated and processed through the Board's
accounting system.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with this action.
FISCAL IMPACT: There is no direct fiscal or budgetary impact. The accounts
and amounts to be removed from the General Ledger have been recognized as
bad debt in prior years.
RECOMMENDATION: Authorize staff to remove $13,958,543.57 representing
46,104 individual accounts from the Board's Emergency Medical Services Fund
General Ledger control account for Accounts Receivable. A like amount will be
removed from the Allowance for Doubtful Accounts General Ledger control
account.
.",-...
PREPARED BY: Cindy Long, Revenue Manager, Emergency Medical Services
,,-...
3
Agenda Item No, 16F2
February 8, 2005
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
16F2
Autilorization to Remove from the Books and Records of Collier County Certain Accounts and
Tilelr Respective Balances whicl, have been Previously Recognized and Recorded as Bad
Debt Expe nse
2/8/200590000 AM
Item Number
Item Summary
Approved By
Jeff Page EMS Chief
Date
Bureau of Emergency Services EMS
1126/2005 9;01 AM
Approved By
Dan E, Summers
Bureau of Emergency Services
Director
Date
County Manager's Office
Bureau of Emergency Services
1126120054;28 PM
Approved By
OMB Coordinator
Adminístrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/27120058;33 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1131120058;45 AM
Approved By
James V, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11311200511 ;30 AM
,-----~
Agenda Item No. 16F3
February 8, 2005
Page 1 of 10
.----
EXECUTIVE SUMMARY
Recommendation to approve the payment of permit fees to the Florida Department of
Environmental Protection for Marco South Beach Renourishment, Project 90502, in the
amount of $8,690.
OBJECTIVE: To obtain the Board of County Commissioners approval for the payment of
$8,690 in pennit fees to the Florida Department of Environmental Protection for Marco South
Beach Renourishment.
CONSIDERATIONS: On September 11, 2001, agenda item 16.C.13, the Board of County
Commissioners approved an initial budget of $335,000 for dredging Caxambas Pass and placing
the sand on Marco South Beach.
On October 13,2003, agenda item 16.C.17, the Board of County Commissioners approved the
submission of a grant application for and resolution in support of a Florida Department of
Environmental Protection (FDEP) grant to contribute to the renourishment of Marco Island
South Beach.
On January 13, 2004, agenda item 16.C.3, the Board of County Commissioners approved an
engineering services work order with Taylor Engineering for design and pennitting related to the
Marco South Beach Renourishment project in the amount of $205,516.60.
,.----
On July 13, 2004, the City of Marco Island signed the permit application prepared by Taylor
Engineering and submitted it to FDEP.
On August 20, 2004, FDEP sent a letter [Request for Additional Infonnation (RAI) #1]
indicating that more infonnation is needed in order to process the pennit application. Taylor
Engineering submitted an engineering services work order amendment on October 21, 2004 in
the amount of $36,61 0 to cover a magnetic anomaly investigation, preparation of a federal permit
extension request, preparation of a legal description for the borrow area and a seagrass survey.
These additional services were approved by the Board on December 14, 2004.
On January 5, 2005, FDEP sent RAI #2 indicating that more infonnation is needed and that
$8,690 in permit fees are required to be paid.
On January 13, 2005 the CAC recommended approval of the payment of $8,690 in permits fees
and on January 24, 2005, the Tourist Development Council also recommended approval.
FISCAL IMPACT: Funds are available in the Marco South Beach Renourishment Project
(90500). The source of funds is the Tourist Development Tax (Fund 195).
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action.
.--
,,"~,-_.._---
,......,.,,""~<f~l'..!''''~_...,.. ....,,,..--
-
~.
r-.
Agenda Item No. 16F3
February 8, 2005
Page 2 of 10
RECOMMENDATION: That the Board of County Commissioners approve the payment of
$8,690 in pennit fees to the Florida Department of Environmental Protection for Marco South
Beach Renourishment.
PREPARED BY: Ron Hovell, P.E., Coastal Projects Manager, Tourism Department
Agenda Item No. 16F3
February 8. 2005
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
16F3
Recommendation to approve the payment of permit fees to the Florida Department of
Environnlentai Protection for Marco South Beach Renourishment. Project 90502. in the
amount of $8,690
2/8/2005 900:00 AM
Item Number
Item Summary
Prepared By
Date
Ron Hovell
Principal Project Manager
1/2612005 3: 51:43 PM
Administrative Services
Facìlities Management
Approved By
Ron Hovell
Principal Project Manager
Date
Administrative ServÎces
Facilities Management
1/2612005 3: 54 PM
Approved By
Jack Wert
Tourism Director
Date
County Manager's Office
Tourism
1/2612005 5:37 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28120051 :18 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/31/200512:35 PM
Approved By
Michael Smykowski
Management 8. Budget Director
Date
County Manager's Office
Office of Management & Budget
1/3112005 1 :38 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1131/2005 1 :53 PM
Department of
Environmental Protection
Agenda Item No. 16F3
February 8,2005
Page 4 of 10
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Colleen M. Castille
Secretary
5 January 2005
Mr. Michael Trudnak, P.E.
Ta~orEngmeering,mc.
9000 Cypress Green Dr., Suite 200
Jacksonville, FL 32256
NOTICE OF INCOMPLETENESS
REQUEST FOR ADDmONAL INFORMATION (RAJ #2)
JCP File Number: 0235209-001-JC, Collier County
Applicant Name: City of Marco Island
Project Name: South Marco Island Beach Nourishment
Dear Mr. Trudnak:
This letter is to acknowledge receipt of your response to RAI # 1. Please be advised that your
pennit application is still considered to be incomplete, as provided for by Chapter 120.60,
Florida Statutes (F.S.), and Rule 62B-49, Florida Administrative Code (F.A.C.). Receipt of
infonnation listed below is required. The items of information are numbered to correspond with
the item numbers on the application fonn.
Please submit three (3) hard copies of your response. Also, please prepare and submit one
(1) electronic copy of your response (response document text, all attachments, and
drawings) and submit it on a CD in Adobe Acrobat Reader® (.pdt) format.
10. Have you obtained approval from the Department of State. Division of Historical
Resources? If yes, provide a copy of the letter of approval.
Your intention to investigate a linear magnetic anomaly bisecting the borrow area is
acknowledged. The application will remain incomplete pending the report on this investigation.
18. Applications for permits and authorizations to use sovereign submerged lands shall be
accompanied by afee. Thefee shall be the sum of the fees required by Chapters 62-4 and
62B-41, F.A.C.,jor processing of the permit application and Rule 18-21.001, F.A.C.,jor
processing the request for authorization to use sovereign submerged lands.
To date, we do not show record of fee submission. Please submit a check in the amount of
$8690, payable to DEP.
"More Protection. Less Process"
Printed on recycled paper.
Request For Additional Information
City of Marco Island
File No. 0235209-001-JC
Page 2 of6
Agenda Item No. 16F3
February 8, 2005
Page 5 of 10
24. Two complete sets of construction plans and specification for the proposed activity,
certified by an engineer duly registered pursuant to Chapter 471, Florida Statutes. The
plans shall include the following:
a. Plan view of the proposed activity depicting the mean high-water line any
easement boundary, or the erosion control line, within the area of influence of the
proposed activity. Identify the boundaries of significant geographical features
(e.g., channels, shoals) and natural communities (e.g., submerged grass beds,
hardbot/om, or mangroves) within the area of influence of the activity.
Please note FWC Comment (3) below. Please see comments under Item #29.
29. Using an established natural community classification system, describe each natural
community within the area of influence of the proposed activity and include:
a. Acreage
b. Identification of the flora and fauna to the lowest taxon practicable.
c. Characterization of dominant and important flora and fauna and estimates of
percent biotic cover.
d. Sampling locations, date of sampling or measurements, and methods used jQr
sampling.
You have indicated your intention of conducting a seagrass and hardbottom survey in the vicinity
of the proposed borrow area during the winter of 2004-05. Be advised that staff does not
consider a seagrass survey conducted during this season to be valid for this area, especially in
light of sediment shifts that may have occurred as a result of Hurricane Charley. Staff
recommends waiting until the summer of 2005 to conduct the survey. A late spring survey may
be acceptable if it is more convenient. Please inquire with the Bureau further if you wish to plan
for a spring date. The applicant may wish to coordinate with the Rookery Bay Aquatic Preserve
staff, who may be planning an extensive seagrass survey in the near future. The application will
remain incomplete pending the results of the seagrasslhardbottom survey.
31. Results of available wildlife surveys that have been conducted on the sites, and any
comments pertaining to the proposed activity from the Florida Fish and Wildlife
Conservation Commission and the U S. Fish and Wìldlife Service.
Please address FWC Comment (1).
33. Analysis of the expected effect of the proposed activity on the coastal system including
but not limited to:
Printed on recycled paper.
Request For Additional Information
City of Marco Island
File No. 0235209-001-JC
Page 3 of6
Agenda Item No. 16F3
February 8, 2005
Page 6 of 10
a. Analysis of the expected effect of the proposed activity on the existing coastal
conditions and natural shore and inlet processes.
Please address FWC Comment (4).
b. Analysis of the compatibility of the fill material with respect to the native
sediment the disposal site. The analysis should include all relevant computations,
the overfill ratios, and composite graphs of the grain-size distribution of the fill
material and the native sediment at the disposal site.
Please provide a sediment QAlQC plan, as required in Chapter 62B-4I.008(1 )(k)4.b., F.A.C.
Please input the geotechnical data involved in this project into the Department's GIS database via
the MS Access Front End Loader, available on the FDEP ROSS website at:
http://ross.urs-tally.comlhomepage.asp.
35. Describe any methods proposed to protect threatened or endangered species.
Please address FWC Comments (2) and (5).
37. A detailed narrative description of any proposed mitigation plans. including purpose,
maintenance, monitoring, estimated cost, construction sequence and techniques.
Please address FWC Comment (4).
The Florida Fish & Wildlife Conservation Commission (FWC) provided the following
comments, referenced in the numbered items above.
(1) It is our understanding, based on numerous conversations with U.S. Fish &
Wildlife Service (FWS) staff, that any and all beach nourishment projects must
have a valid federal incidental takes authorization prior to construction, even if the
project occurs outside sea turtle nesting season. Florida Statute (370.12 F.S.) also
requires that such incidental take authorization be in place in order for the
Department of Environmental Protection (DEP) to issue a pennit for the requested
activity. The 1989 letter provided by the applicant is not an incidental take
authorization, and will probably not be sufficient for state authorization of this
project. I have forwarded the applicant's response to FWS staff for their
comments, but again I urge the applicant to make sure the Section 7 consultation
process has been initiated as quickly as possible so that this requirement does not
delay project construction.
Printød On recvcled caoer.
Request For Additional Information
City of Marco Island
File No. 0235209-001-JC
Page 4 of6
Agenda Item No. 16F3
February 8, 2005
Page 7 of 10
Thank you for the copies of reports of lighting inspections conducted by City of
Marco Island staff as well as the notices of violation of the Lighting Ordinance.
Marco Island appears to be making a notable effort to reduce lighting impacts to
marine turtles on their beaches. It was not clear from these documents if all lights
observed were resolved during the nesting season.
[Note that an electronic copy of the March 2003 report that describes the analysis
of Caxambas Pass bathymetry has been made available to FWC. Please
reference any additional documents on the topic of shoal evolution within the
pass.}
We will review the map of stockpile locations upon receipt.
(4) For Question #33, the FDEP's comment and the applicant's response indicate that
no changes in the coastal system could be attributed to dredging of shoals during
previous projects. However, is there any indication that previous dredging
impacted the integrity or persistence of adjacent emergent or submerged shoals in
the Pass area, including the adjacent Critical Wildlife Area? The shoals here
provide highly significant habitat for shorebirds, and are one of only three sites in
Collier County with documented snowy plover nesting. Previous surveys by
FWC staff suggest that only approximately 60 nesting pairs of this highly
imperiled species occur in southwest Florida, and it is extremely important that
adjacent habitats utilized by this species be protected during the proposed
dredging and beach placement. Will the pennittee be required to monitor adjacent
shoals that are part of this sand sharing system? What mitigation measures are
proposed if loss of significant, adjacent shorebird habitat is observed?
(5) FWC staffhas reviewed the Shorebird Management Plan and offers the following
comments.
i. Protection - Additional protection measures should be included in the Protection
of Migratory Bird Species section, both during and after construction. The plan
should specify the actions that will be taken if colonial nesting shorebirds are
documented within the project area or on adjacent shoals and beaches in the
"sand-sharing" system, including those with no historical records for such nesting.
The FWC regional biologist for the southwest coast including Collier County,
either Ricardo Zambrano or Kristin Child, should be contacted at (561) 625-5122
within 24 hours if shorebird nesting occurs on site during construction.
11 Monitoring - The plan should clearly specify the areas that will be monitored for
shorebird activity- the nourished beach on Marco Island, the adjacent beach on
Kice Island, and all shoals and adjacent beaches in the critical wildlife
management area. For the shoals and adjacent beaches in the critical wildlife
Printed on recycled paper.
Request For Additional Information
City of Marco Island
File No. 0235209-001-JC
Page 5 of6
Agenda Item No. 16F3
February 8,2005
Page 8 of 10
area, weekly shorebird surveys (via boat) should be implemented during and after
construction to record species, estimated numbers of individuals, and activities.
The following activities or life history stages should be assessed for any
documented nests or nesting sites: number of couples observed in courtship,
mating and nest building behavior; number of nests with eggs and nestlings;
number of predated nests with eggs or nestlings; number of fledglings or sub
adults observed on site; also the species and number of birds resting or foraging.
Pedestrian surveys might also be necessary to document plover nesting and
fledging. Visual inspections of the shoals should be conducted during the weekly
surveys to assess stability and erosion of these sites. Additional mapping and
quantitative assessments of shoal stability and erosion should also be considered,
as discussed above.
iii. Monitoring - The CUlTent plan proposes that monitoring will tenninate if shorebird
activity meets or exceeds pre-project activity levels. More specific information is
needed on the specific activities that are being monitored, e.g., foraging, resting,
nesting, the amount of pre-project information available on these activities, and
the criteria that will be assessed to determine success or failure for each activity.
iv. Management - The plan should specify that the applicant will ensure that all
nesting areas are properly posted and protected from pedestrians, dogs, and
predators (if possible). The applicant should work with FWC staff on posting
colonial nesting areas and a protocol for marking plover nests, but has the primary
responsibility for actually posting and patrol1ing any shorebird nesting areas
within the project area or the adjacent shoals.
v. Management - No beach cleaning should occur in nourished areas prior to
completion of the daily shorebird nesting surveys. Beach cleaning should be
discontinued in any areas where shorebird courting or nesting behavior is
observed, or if actual nests are documented.
vi. Mitigation - The plan should include any proposed mitigation measures to offset
loss of nesting habitat due to dredging of the shoal.
If the applicant fails to provide all information required to complete the application within six (6)
months after a request for additional information has been sent, the staff will close the permit
application file after written notice to the applicant, except that a request for an extension of time
for a period agreeable to the Department, but not to exceed one year, shall be granted upon
demonstration by the applicant that the delay in completion of the application has been caused by
matters beyond the control of the applicant. Application files closed under these procedures shall
be closed without prejudice and a new application. accompanied by the appropriate fee, shall be
required to renew the application.
Printed on recycled paper.
Request For Additional Information
City of Marco Island
File No. 0235209-001-JC
Page 6of6
Agenda Item No. 16F3
February 8, 2005
Page 9 of 10
If the processing of the application is prolonged, or if a storm event is known to have altered the
shoreline such that the staff determines that the topographic and bathymetric survey data is no
longer adequate to complete its analysis, then an updated survey shall be required as specified in
Item No. 20 above. In the event that an updated survey is required, the application shall be
treated as an amended application.
If! may be of any further assistance, please contact me at the letterhead address (add Mail Station
300) or by telephone at (850) 487~4471, ext. 216.
Cc:
William Moss, City of Marco Island
Robbin Trindell, FWC~ISMS
Ricardo Zambrano, FWC-South Region
Tad Bartareau, DEP-Rookery Bay A.P.
Lucy Blair, DEP-South District
Robert Brantly, BBCS-CE
Respectfully,
Steven MacLeod
Environmental Specialist
Bureau of Beaches and Coastal Systems
Jennifer Koch, BBCS-CE
James LaGrone, BBCS-CE
John (Fritz) Wettstein, BBCS-CCCL
Paden Woodruff, BBCS-BECP
Phil Flood, BBCS-BECP
Rebecca Roland, BBCS-BECP
Printed on recycled paper.
Agenda Item No. 16F3
February 8. 2005
Page 10 of 10
90500 Marco Island South Beach Renourishment I I
FY04 FY05 FYQ6 FY07 Fv08 ... FV09
2004 2005 2006 2007 2008
. .
EVENT Cost
Qtr1 Qtr2 Qtr3Qtr <1 Qtr1 Qtr2 QtrJ Qtr4 Qtr1 Qtr2 QtrJ Qtr4 Qtr1 Qtr2 Qtr3Qtr4 Qtr1 Qtr2 QtrJ..~
.
Design/Permit $300,000
. :
Construction - $1.400,000
Dredging Contract
Monitoring of $100,DDO
Construction
Post-Construction I
Monitoring $150,000 . . .
Project Total $1,950,000
I I I
Recommendation to approve the payment of pennit fee8 to the Florida Department of Environmental Protection for Marco South Beach Renourishment, Project 90502, in the
amount of $8,690 I I I I I I I I
Agenda Item No. 16F4
February 8, 2005
Page 1 of 4
,;-.-
APPROV AL OF BUDGET AMENDMENTS
Bee Agenda of February 8. 2005
Bayshore/Gateway Triangle (187)
Budget Amendment #05-133
Ç>peratin2 Expenses
Grants and Aids
$25,000
Reserves
Reserve for Capital
(25,000)
-0-
Total
Ext>lanation: The Bayshore/Gateway CRA budgeted $20,000 for grant reimbursements in FY05.
However, $30,988 has already been approved and disbursed including some carried over approvals
from FY04. An addition of$29,351 in grants has been approved by the CRA Advisory Board and is
in final processing for payment. This BA will provide immediate solution to pay some of the current
approved grants until the CRA Advisory Board can meet and develop a revised grants budget for the
remainder of FY05 and submit an Executive Summary and BA to the cRAlBCC for approval.
Prepared by: Barbetta Hutchinson, Executive Secretary, OMB
,-.
,-.
Page I of 1
Agenda Item No. 16F4
February 8, 2005
Page 2 of 4
BUDGET AMENDMENT REQUEST
For BudgetJFinønc:e Use Only
BA....... O~ -:-:..1.31..... ...
JEll.................................
BAR...............................
A.P.H. DaI£.......................
Fund Number:
187
Fund Description: BayshorelGateway Triangle CRA
Date Prepared: 1/19/05
Approved by BCC on:
Attach Executive Summary
Item No.:
Expense Budget Detail
Fund Center Title: BayshorelGateway Triangle CRA
WBS Element Title:
Provide the Fund Center or WBS element information; it ia not . to vide both.
Fund WBS Commit Commitment Item
Center Element Item Desc . tion
138325 884200 Grants and Aids
Fd Ctr No.: 138325
V(BS No.:
Revised
Bu et
45,000
Net Change to Budget 25,000
Revenue Budget Detail
Fund Center Title: BayshorelGateway Triangle CRA
WBS Element Title:
'de the PImd Center or WBS element information; it is not . to vide both.
Fund WBS Commit Commitment Item Increase
Center Element Item Descri' on
138325 993000 Reserve For Capital
Fd Ctr No.: 138325
WBS No.:
Revised
Bud et
1,525,800
Net Change to Budget (25,000)
EXPLANATION
Why are fonds needed? The BayshorelGateway CRA budgeted $20,000 for grant
reimbursements in FY 05. However, $30,988 has already been approved and dispersed
including some carried over approvals from FY 04. An addition $29,531 in grants has been
approved by the CRA Advisory Board and is in rmal processing for payment. This BA will
provide an intermediate solution to pay some of the current approved grants until the CRA
Advisory Board can meet and develop a revised grants budget for the remainder of FY 05 and
submit an Executive Summary and BA to the CRAlBCC for approval.
Where are funds available? Funds are available in Fund 187 Reserves.
Cost Center Director:
Division Administrator:
Finance De artment:
Clerk of Board Admin.:
REVIEW PROCESS
-l
Agenda Item No_ 16F4
February 8, 2005
Page 3 of 4
DATE
-Cl5
Agenda Item No. 16F4
February 8, 2005
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
Meeting Date
16F4
Approval of Budget Amendments.
2/8/20059:00:00 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28/2005 4:04 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/311200511 :19 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
CommÎssioners
County Manager's Office
1/31/200512:20 PM
.-
Community RedeveloDment Aaency
Executive Summary
Recommendation to approve and execute the impact fee assistance grant agreement
between the Community Redevelopment Agency and the grant applicant within the
Bayshore/Gateway Triangle Redevelopment Area.
Objective:
To approve and execute the Site Improvement and Impact Fee Assistance Grant agreements
between the Community Redevelopment Agency and grant applicants within the
Bayshore/Gateway Triangle Redevelopment Area.
-
Considerations:
On April 30, 2002 the Community Redevelopment Agency approved the creation of Site
Improvement and Impact Fee Assistance Grant programs for the Bayshore/Gateway Triangle
Redevelopment Area. The purpose of these grants is to revitalize the area by providing a
matching grant that will encourage the private sector to invest in the area. The grants require at
least a 50% match from the applicant and will be funded by tax increment funds.
The Bayshore/Gateway Triangle Local Advisory Board approved the following Site Improvement
Projects from the following applicants:
1. Sharon King, Residential Rehab, Grant Amount $5,152.50
2. Echo, LLC, Commercial Rehab, Grant Amount $8,000.00
Total Site Improvement Grant money awarded this cycle: $13,152.50.
Fund 187 fiscallmDacts:
The Site Improvement Grant may provide up to 50% of the cost of improvements, up to a
maximum grant amount of $8,000. A maximum of $13,152.50 will be funded for the approved
Site Improvement Grant projects. The Impact Fee Assistance Grant may provide up to 50% of
the total impact fees for a project. there are no Impact Fee Grants pending approval at this time.
Advisory board recommendation:
To approve and execute the Site Improvement and Impact Fee Assistance Grant agreements
between the Community Redevelopment Agency and grant applicants within the
Bayshore/Gateway Triangle Redevelopment Area.
Prepared by:
Tammy Williams
Secretary
Bayshore/Gateway Triangle Redevelopment Area
Collier County Community Redevelopment Agency
Date
.-
-1-
"-..--"'-
-
Agenda Item No. 16G1
February 8. 2005
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16G1
Meeting Date
Recommendation to approve and execute the impact fee assistance grant agreement
between the Community Redevelopment Agency and the grant applicant within the
Bayshore/Gateway Triangle Redevelopment Area.
2/8/2005 900:00 AM
Approved By
Tammy Williams Administrative Assistant. Date
Community Redevelopment
Agency Bayshore-Gateway Redevelopment 1/26/200510:53 AM
Approved By
Patrick G. White Assistant County Attorney Date
County Attorney County Attorney Office 1/2612005 2:39 PM
Approved By
Stan Lìtsinger Comprehensive Planning Director Date
Community Development &
Environmental Services Comprehensive Planning 1/27/20053:04 PM
Approved By
OMB Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 1/28/20051:05 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Managament & Budget 1/31/200510:35 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Ollice of Management & Budget 113112005 12:22 PM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 1131/2005 12:43 PM
Agenda Item No. 16G1
February 8, 2005
Page 3 of 8
GRANT AGREEMENT BETWEEN CRA AND OWNER
FOR SITE IMPROVEMENT FOR BA YSHORElGATEW A Y TRIANGLE
REDEVELOPMENT AREA
TIllS AGREEMENT ENTERED ~ day of ~~?Ù:Jt!5by and
between the ~er Coun~ Community Redevelopment Agency referred to as
"CRA ") and . r () (1 iiI .~ (hereinafter collectively referred to as "Owner").
WITNESSETH:
WHEREAS, in Collier County 0Idinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and ~J11inister CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner bas applied for a site improvement grant in the amount of S/5-2.:')Þ
dollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
W@S approved for a grant awani in the amount of $15;1. 5Tl dollars on
f-t. hn {~. { , 2,1' ð)' ("CRA Approval"), which is filL % of the costs to
construct SIte unprovements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program, a copy of which
is attached as Exhibit" At! and incorporated herein.
2. Owner is the record owner of property described as 3307 (~Io,~ç ~
3. Owner has agreed to make certain ÍJQ('I'Ovements to the property pursuant to the
grant application submitted to the CRA dated i.Je.eI!m M r ) ;l d (] &/' . (the "Site
Improvements")
4. Owner agrees to complete the construction of the Site Improvements within one
(1) year of CRA Approval. Owner also agrees to fund at least SOOIÓ of the costs of the Site
Improvements.
Agenda Item No. 16G1
February 8, 2005
Page 4 of 8
5. CRA bas approved a grant to Owner in the amount of..1 515 ~ Sõ to be
administered pursuant to the terms of this Agreement based on an estimated cost of
~ ~ ()5. (TV. If the actual costs are less than the estimated costs to construct the Site
IÌn: 'Veri1ents. the grant amoWlt shall be reduced to equal the percent of the Site Improvement
costs approved for funding by the CRA.
6. Unless prior disclosure is included in the gnmt application, no Owner, or any
immediate relative of Owner, shall setVe as a contractor or subconù'actOr for the construction of
the Site Improvements and no Owner, or any immediate relati'Ve of Owner, shall receive
compensation fur labor for the construction of the Site Improvements. An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Servíces Division. Upon completion of
the work, Owner sball submit to the CRA staff a project summary report, two (2) 8 x 10 after
photos, a list of materials and construction techniques ~ a list of architects and/or contractors,
and any other information specific to the project or requested by the CRA staff: The CRA,
through its ~ shall confirm that the Site Improvements were constructed pursuant to the terms
of the application appro'Ved by the CRA.
8. Within forty-five (45) days after confirmation that the Site hnprovements were
constructed pursuant to the terms of the approved applicati~ Owner shall be issued a check in
the amount of the grant. HOwe'Ver, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (1) year of CRA
approval, or if Owner fails to fimd at 1east 50% of the cost of the Site Improvements, the grant
sball be deemed revoked and Owner sball be entitled to no fi¡nding.
9. This Agreement sba1l be governed and construed pursuant to the laws oftbe State
of Florida.
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation. promise or condition. or any
waiver, to this Agreement sball be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written conse.ot of the CRA.
.",,-...
Agenda Item No. 16G1
February 8, 2005
Page 5 of 8
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
OWNER:
~1~
Witness
.~ tJ;/ bdIT1>
. Name
(2) ~'1! /}-4~
BY:-~--=~.lk<JY -byJ~
=:;'2 ~111; ,Or', è, !¿, Y-:J
PrintedlTyped Name
f
l) 1(... /. L /t/et¿1
PrintedlTyped Name .
ATfEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
, Deputy Clerk
DONNA FIALA, Chairman
Approved as to form and
legal sofJicieocy:
Patrick G. White
Assislmt County Auomey
Agenda Item No. 16G1
February 8, 2005
Page 6 of 8
,-
GRANT AGREEMENT BETWEEN CRA AND OWNER
FOR SITE IMPROVEMENT FOR SA YSHORFlGATEW A Y TRIANGLE
REDEVELOPMENT AREA
TIllS AGREEMENT ENTERED this ::XV/J'day of /) 1ór-tJ"\ , .x â Li .)by and
between the Collier County Community Redevelopment Agency (hereinafter referred w as
"CRA ") and G. CHi> I I.LL . (hereinafter collectively referred w as "Owner").
WITNESSETH;
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and admini,;ter CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner has applied for a site improvement grant in the amOWIt of ,JðoO, P"
dollars; and
WHEREAS, the CRA bas determined that Owner meets the eligibiliD' requirements and
~ approved for a grant award in the amount of ltJ()p. ~ dollars on
J-zbnttlr7.ï j' , c;:)oc (" eCRA Approval"h which is~% of the costs to
construct the lte improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows;
1. Owner acknowledges to the CRA that Owner bas received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Programj, that Owner has read the Grant Prognun, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Pro~ a copy of which
is attached as Exhibit .. A" and incorporated herein.
2. Owner is the record owner of property described as ?E;g D /k1~ ð rt' D/' .
3. Owner has agreed to make certain imPl'<?v~ents to the property pursuant to the
~t application submitted to the CRA dated -I NtOtNfn1bq / ,,;;Joo,/ . (the "Site
Improvements")
4. Owner agrees to complete the construction of the Site Improvements within one
(1) year of CRA Approval. Owner a1so agrees to fund at least 5()8Á1 of the costs of the Site
Improvements.
Agenda Item No. 16G1
February 8, 2005
Page 7 of 8
5. CRA bas approved a grant to Owner in the amount of ¡ÓOd .':'" to be
administered pursuant to the terms of this Agreement based on an estimated cost of
/ f û(}Q. /IV. If the actual costs are less than the estimated costs to construct the Site
Imprrivements, the grant amount shall be reduced to equal the percent of the Site Improvement
costs approved for funding by the CRA.
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the Site Improvements and no Owner, or any immediate relaûve of Owner, shall receive
compensation for labor for the construction of the Site Improvements. An immediate relative of
Owner sbaIl include mother, father, brother, sister, amt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees to obtain all ~ permits and submit any required p1ans to the
County's Community Development and Environmental Services Division. Upon completion of
the work, Owner shaU submit to the CRA staff a project summary report, two (2) 8 x 10 after
photos. a list of materials and construction techniques used, a list of architects and/or contractors,
and any other information specific to the project or requested by the CRA staff. The CRA,
through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the CRA.
8. Within forty-five (45) days after confirmation that the Site Improvements were
constructed pursuant to the terms of the approved applicatio~ Owner shall be issued a check in
the amount of the grant. However. if Owner fails to make the improvements pursuant to the
tenDS of the approved application, or if the project is not completed within one (1) year ofCRA
approv~ or if Owner fails to fund at least 500,4 of the cost of the Site Impro~ the grant
shall be deemed revoked and Owner shall be entitled to no fimdiog.
9. This Agreement shall be governed and construed pursuant to the laws of the State
of Florida.
to. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any repr~tation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer oftbe party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
Agenda Item No. 16G1
February 8, 2005
Page 8 of 8
IN WITNESS WHEREOF~ the parties have executed this Agreement on the date and year
fust written above.
(l)W ¡x;--tdt-.
WiIoess Signature
R ü~ .:J <;;t./LUvrrJ
PrintedlTyped Name
01.11'J~ fl J.. 'Jd/A-oL ~
<.Ð.¿s~
~~ i? LJ i Ll-IA'1I~
OWNER: ~
B~ . ~'~~j
~ðßL th@..ltt -
Name
A ITEST:
DWIGHT E. BROCK, Clerk
COLLIER COUN1Y COMMUNITY
REDEVELOPMENT AGENCY
By:
, Deputy Clerk
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
Patrick G. White
Assistant County Attorney
...--
Community Redevelopment Aaency
Executive Summary
Recommendation to approve an extension of the Residential Site Improvement grant
agreement between the Community Redevelopment Agency and Ms. Mltzie Sheehan, a
grant within the Bayshore/Gateway Triangle Community Redevelopment Area due to
certain construction delays.
Obiective:
To approve and execute the extension of a Site Improvement grant agreement within the
Bayshore/Gateway Triangle Community Redevelopment Area.
Considerations:
On April 30, 2002 the Community Redevelopment Agency approved the creation of Site
Improvement and Impact Fee Assistance Grant programs for the Bayshore/Gateway Triangle
Community Redevelopment Area (Area). The purpose of these grants is to revitalize the Area
by providing a matching grant that will encourage the private sector to invest in the Area. The
grants require at least a 50% match from the applicant and will be funded by tax increment
funds. Ms. Mitzie Sheenan, an approved grant applicant has stated that due to the hurricanes
in 2004, the contractors were behind schedule and materials were in short supply and has
asked for an extension to allow work to be completed.
The Bayshore/Gateway Triangle Local Advisory Board, at their February 1, 2005 meeting
recommmended extending the Site Improvement Agreement from March 12, 2005 to April 29,
2005 for the following applicant.
--- 1. Mitzie Sheehan, for a Residential Site Improvement Grant, Grant Total $6,600.00, on
the property at 1948 Shadowlawn A & B.
Fund 187 fiscal 1m Dacts:
The Site Improvement Grant may provide up to 50% of the cost of improvements, up to a
maximum grant amount of $8,000. A maximum of $6,600.00 was approvecl on March 12, 2004
for the Site Improvement Grant project; therefore, there is no fiscal impact from extending the
time to complete construction of the site improvements.
Bavshore/Gatewav Advisory Board recommendation:
That the CRA Board approve an extension of the Site Improvement Grant agreement between
the Community Redevelopment Agency and Mitzie Sheehan within the BayshorelGateway
Triangle Redevelopment Area from March 12, 2005 to April 29, 2005, and authorize the CRA
Chair to execute the attached Amendment to Extend Completion of Construction for Site
Improvement Grant. .
Prepared by:
Tammy Williams
Secreta ry
Bayshore/Gateway Triangle Redevelopment Area
Collier County Community Redevelopment Agency
Date
.,-
-1-
--....--.,.., --'~'"-'''
Agenda Item No. 16G2
February 8, 2005
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16G2
Recommendation to approve an extension of the Residential Site Improvement grant
agreement between the Community Redevelopment Agency and Ms. Mitzie Sheehan, a grant
within the Baysllore/Gateway Triangle Community Redevelopment Area due to certain
construction delays.
Meeting Date
2/8/2005 9:00:00 AM
Approved By
Tammy Williams
Community Redevelopment
Agency
Administrative Assistant
Date
Bayshore-Gateway Redevelopment
1/26/20051:51 PM
Approved By
Patrick G. White
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/26/20052:21 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1128/20051:09 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/31/2005 2:40 PM
Approved By
Michael Smykowskl
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/31/20054:48 PM
Approved By
James V. Mudd
County Manager
Date
Board ot County
Commissìoners
County Manager's Office
1/31/20055:30 PM
~--....._.,--.
Agenda Item No. 16G2
February 8, 2005
Page 3 of 7
GRANT AGREEMENT BETWEEN CRA AND OWNER
FOR SITE IMPROVEMENT FOR BA YSHORFJGATEWA Y TRIANGLE
REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this ~ day of MQ.J '.. 1 fi II by and
between the Collier County Community Redevelopment Agency (hereinafter ~ to as
"CRA") and JIUbt~ -Sh.l()'\.lt\ (hereinafter collectively refetred to as "Owner").
WITNESSETH:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contraCts with owners for CRA grants; and
I
, WHEREAS, Owner bas applied for a site improvement grant in the amount of fòotJO
dollWŒ;and .
WHEREAS, the CRA bas determined that Owner meets the eligibility requirements and
~ppro~ed for a gran! _~~ard in the amount of ~ dollars on
.,,6\ ''2...- , .Mll:J.. ("CRA Approval"), which is JlL% of the costs to
construct the site improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the panies agree as follows:
1. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program. and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owne!~s to the terms and conditions of the Grant Program. a copy of which
is attaChed as Exhibit "A" and incorporated herein.
2. Owner is the record owner of property described as I qLfß A 1 B ~~~" ~
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated N 0\1 ~l ZOD? . (the "Site
hnprovements")
4. Owner agrees to complete the constructiop of the Site Improvements within one
(I) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site
Improvements.
----_.----- -----.-
Agenda Item No. 16G2
February 8,2005
Page 4 of 7
5. CRA has approved a grant to Owner i~ the amount of ~ to be
administered pursuant to the tenns of this A~ment based on an estimated cost of
;5,1)1)0 . H the actual costs are less than the estimated costs to construct the Site
Improvements, the grant amount shall be reduced to equal the percent of the Site Improvement
costs approved for funding by the CRA.
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the Site Improvements and no Owner, or any iinmediate relative of Owner, shall receive
compensation for labor for the construction of the Site Improvements. An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or fanúly member by
maniage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Division. Upon completion of
the work, Owner shall submit to the CRA staff a project SUII'..mary report, two (2) 8 x 10 after
photos, a list of materials and construction techniques used,·a list of architects andlor contractors,
and any other information specific to the project or requested by the CRA staff. The CRA,
through its staff, shall confmn that the Site Improvements were constructed pursuant to the tenus
of the application approved by the CRA.
8. Within fony-five (45) days after confirmation that the Site Improvements were
constructed pursuant to the tenus of the approved appliCation, Owner shall be issued a check in
the amount of the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (1) year of CRA
approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change. modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and. signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
Agenda Item No. 1682
February 8, 2005
Page 5 of 7
IN WITNESS WHEREOF, the parties have executed this Agreement on the date .and year
fIrst written above.
~I A?6t.C~;f
PrintedlTyped Name
I
.... ..........'....,',\\\ .
-' . ~--r+l!,·· r- '"
J'TF$t' ", . -_. 1': - , .
A ' :.......-.....IIL~ ...¡.... Of, ~
. ~.. .. ~"
DW~ E.;ß~~ aerie
; ~T';;¿¡~t}::;~~·\>h '\ J1I>
. .- .IVL.
'; --. ~ 1{("':' DepÍ1tx:Clerk
\.i¡¡~~~.*~~.tC~~)'~ir.an· s
. S igr*tt.~~'~ r I.
Approved as to bm aDd
lep1~
'\:1) Jj) ~--
'~. ~
"ssi~ Couoty Attomcy
By:
OWNER:
~i he.- C- S/~
Printedfl'ypcd Name
COll..lER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
~/ . / -
By: '~~, $A~
DO A FL.u.A, Chairman
hem.
Agenda Item No. 16G2
February 8, 2005
Page 6 of 7
AMENDMENT TO GRANT AGREEMENT
BETWEEN CRA AND OWNER
FOR SITE IMPROVEMENT FOR BAYSHORE/GATEWAY TRIANGLE
REDEVELOPMENT AREA TO EXTEND COMPLETION OF CONSTRUCTION
TIllS AMENDMENT TO AGREEMENT ENTERED into this _ day of
. _ by and between the Collier County Community Redevelopment
Agency (hereinafter referred to as "CRA") and Ms. Mitzie Sheehan (hereinafter referred to as
"Owner")(collectively, the "Parties").
WITNES SETH:
WHEREAS, Owner has previously applied for and entered into an approved Site
Improvement Grant Agreement for properties located at 1948 A & B Shadowlawn Drive in the
amount of$6,600.00 dollars; and
WHEREAS, the Owner has requested an extension of the time to complete construction
of Site Improvements under that Agreement due to hurricane-related delays causing labor and
material shortages.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the Parties agree as follows:
Owner agrees to complete the construction of the Site Improvements no later than April
29, 2005, and all other tenns of the Parties' Agreement will remain in effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment to Agreement on
the date and year first written above.
OWNER:
(1)
Witness Signature
By:
PrintedlTyped Name
PrintedlTyped Name
(2)
Wilness Signature
Printed/Typed Name
~. --
Agenda Item No. 16G2
February 8, 2005
Page 7 of 7
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
, Deputy Clerk
DONNA FIALA, Chainnan
Approved as to form and
legal sufficiency:
Patrick G. White
Assistant County Attorney
Page 2 of2
Agenda Item No. 16G3
February 8, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation that the Community Redevelopment Agency (CRA) approve a
$131,000 budget amendment from Fund 187 Bayshore/Gateway Triangle
Redevelopment Area General Reserves to Fund 187 Residential Rehab to cover
costs associated with the Redevelopment Area's residential rehabilitation grant
program.
OBJECTIVE: Recommendation that the Community Redevelopment Agency (CRA)
approve a $131,000 Budget Amendment ITom Fund 187-138325-9900
(Bayshore/Gateway Triangle Redevelopment Area General Reserves) to Fund 187-
138325-884200 (Residential Rehab) to cover costs associated with the Redevelopment
Area's residential rehabilitation grant program.
.-
CONSIDERATIONS: Funds associated with the Redevelopment Area's residential
rehabilitation grant program were not "rolled over" from the two prior fiscal years'
budgets to the present fiscal year; consequently there are currently not enough funds
budgeted to cover the cost of pending grants (grants approved by the CRA, but still not
disbursed because recipient has yet to complete the work). To date, there are pending
grants totaling approximately $109,000. However, there is only $69,000 available in
Grant Funds to cover them (this figure includes the $25,000 Budget Amendment that is
on the BCC Budget Amendment Report for February 8, 2005). Therefore, staff is
requesting $131,000 to make up the difference created by these pending grants and to
cover the cost of future grants that the CRA might approve over the course ofFY05.
FISCAL IMPACT: CRA redevelopment efforts are partially funded through Tax
Increment Financing (TIF). Hence, the incremental difference in tax revenues between
the original frozen assessment value (1999) and the new higher assessed value of
properties in the Redevelopment Area is used to fmance redevelopment efforts in that
Redevelopment Area.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of
the Growth Management Plan states that redevelopment plans may be developed for
specific areas within the County.
ADVISORY BOARD RECOMMENDATION: The BayshorelGateway Triangle
Redevelopment Advisory Board approves the use of TIF funds to finance Redevelopment
Area grant programs on an ongoing basis each fiscal year.
LEGAL CONSIDERATIONS: The recommended action is consistent with all
applicable constitutional and general law, and complies with adopted County regulations,
and thus, is legally sufficient for Board consideration and approval.
,-
RECOMMENDATION: That the Community Redevelopment Agency (CRA) approve
a $131,000 budget amendment ITom Fund 187-138325-9900 (Bayshore/Gateway
Triangle Redevelopment Area General Reserves) to Fund 187-138325-884200
'H'_......"~"",..
Agenda Item No. 16G3
February 8, 2005
Page 2 of 3
(Residential Rehab) to cover costs associated with the Redevelopment Area's residential
rehabilitation grant program.
Prepared by: John-David Moss, AICP, Comprehensive Planning
,-
Agenda Item No. 16G3
February 8. 2005
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16G3
Recommendation that the Community Redevelopment Agency (CRA) approve a $131,000
budget amendment from Fund 187 Bayshore/Gateway Triangle Redevelopment Area
General ReseI'Jes to Fund 187 Residential Rehab to cover costs associated with the
Redevelopment Area's residential rehabilitation grant program.
Meeting Date
2/8/2005 9:00: 00 AM
Approved By
Stan Litsinger
Community Development &
Environmental Services
Comprehensive Planning Director
Date
Comprehensive Planning
1127120054:41 PM
Approved By
Constance A. Johnson
Operations Analyst
Community Development &
Environmental Services Admin,
Date
Community Development &
Environmental Services
1128120059:40 AM
Approved By
Patrick G. White
Assistant County Attorney
Date
County Attorney
County Attorney Offk.e
112812005 11 ;24 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Se-rvíces Admínstrat.or
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
1/281200512:01 PM
Approved By
OMB Coordinator
Administ.rative Assistant
Date
County Manager's Office
Office ot. Management & Budget
1/28/20051;21 PM
Approved By
Mark Isackson
Budget Anaiyst
Date
County Manager's Office
Office of Management & Budget
2111200510:15 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
21112005 10:34 AM
Approved By
James V. Mudd
County Manager
Dat.e
Board of County
Commissioners
County Manager's Office
211/20052;12 PM
Agenda Item No. 16G4
February 8, 2005
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners waive the purchasing policy
and authorize the hiring of a temporary employment firm for the Collier County
Redevelopment Agency BayshorelGateway Triangle Redevelopment Area, and approve
any and aU budget amendments.
OBJECTIVE: Recommendation that the Board of County Commissioners waive the
purchasing policy and authorize the hiring of a temporary employment finn for the Collier
County Redevelopment Agency Bayshore/Gateway Triangle Redevelopment Area, and approve
any and all budget amendments.
CONSIDERATIONS: The Collier COWlty Redevelopment Agency (CRA) is charged with
undertaking activities to promote redevelopment within targeted areas of Collier County.
The Executive Director for the Bayshore/Gateway Triangle Redevelopment Area of the CRA
resigned at the end of December leaving no one to staff the office. An emergency meeting of the
CRA Advisory Board was convened and the Advisory Board agreed to hire a temporary
employee to staff the office to ensure that the Bayshore/Gateway Triangle Redevelopment Area
office is staffed until a new Executive Director can be hired. In the interim period, the
Comprehensive Planning Department would handle all administrative duties.
The CRA Advisory Board then contacted Coastal Staffing, prior to consulting with
Comprehensive Planning staff, and hired a temporary employee who started January 5, 2005. It
is anticipated that the temporary employee will be needed for approximately 10 weeks for an
estimated amount of $7,200. Actual time and dollar amounts could vary depending on when an
Executive Director is hired and begins work.
The temporary agency that was contacted is not presently under contract with Collier County.
FISCAL IMPACT: Funding will come from the trust account for the Bayshore/Gateway CRA,
Fund 187 for approximately $7,200.00.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County.
LEGAL CONSIDERATIONS: The recommended action is consistent with all applicable
constitutional and general law, and complies with adopted County and CRA regulations, and
thus, is legally sufficient for the Board's consideration and approval.
RECOMMENDATION: That the Board of County Commissioners waive the Purchasing
Policy and authorize the CRA Advisory Board to hire a temporary employee through Coastal
Staffing.
Prepared By: Randy Cohen, Community Redevelopment Manager
-,,' "~""""""",-~_._,""
Agenda Item No. 16G4
February 8, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16G4
Recommendation that the Board of County Commissioners waive the purchasing policy and
authorize the hiring of a temporary employment firm for the Collier County Redevelopment
Agency Bayshore/Gateway Triangle Redevelopment Area. and approve any and all budget
amendments.
Meeting Date
2/8/2005 9:00: 00 AM
Approved By
Stan Litsinger
Community Development &
Environmental Services
Compreh..n.ive Planning Director
Date
Comprehensive Planning
1/27/20054:42 PM
Approved By
Constance A. Johnson
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Community Development &
Environmentaf Services
1/28/20059:57 AM
Approved By
Patrick G. White
Assistant County Attorney
Date
County Attorney
County Attorney Office
1128/200511:22 AM
Approved By
Joseph K. Schmit!
Community Development &
Environmental Servic..s Adminstrat.or
Oat..
Community Dev..lopment &
Environmental Servìces
Community Development &
Environmental S..rvices Admin.
1128/200512:02 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/2812005 1: 22 PM
Approved By
Mark Isackson
Budget Analyst
Dat..
County Manager's Office
Office of Management & Budget
1/31/200511:24AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1131/200512:41 PM
Approved By
James V. Mudd
County Manager
Date
Board 01 County
Comm issfoners
County Manager's Olfice
11311200512:51 PM
Agenda Item No. 16G5
February 8, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation that the Community Redevelopment Agency (CRA) ratify the
Bayshore/Gateway Triangle Redevelopment Area Advisory Board's decision to use
Coastal Staffing Service, Inc. to provide temporary staffing for the
Bayshore/Gateway Triangle Redevelopment Area office until the CRA ratifies the
hiring of the Redevelopment Area's new Executive Director; and to transfer all
necessary funds from Fund 187 Reserves to a temporary staffing expense line item
to ensure staffing during the period of time without an Executive Director.
OBJECTIVE: Recommendation that the Community Redevelopment Agency (CRA)
ratifY the Bayshore/Gateway Triangle Redevelopment Area Advisory Board's decision to
use Coastal Staffing Service, Inc. to provide temporary staffing for the
Bayshore/Gateway Triangle Redevelopment Area office until the CRA ratifies the hiring
of the Redevelopment Area's new Executive Director; and to transfer all necessary funds
from Fund 187 Reserves to a temporary staffing expense line item to ensure staffing
during the period of time without an Executive Director.
,...-...
CONSIDERATIONS: Effective December I, 2004, Mr. D. Aaron Blair submitted his
resignation as the Executive Director of the Bayshore/Gateway Triangle Redevelopment
Area. Subsequent to Mr. Blair's intended departure date, Mr. Blair agreed to continue to
serve as the Executive Director until the end of December. Mr. Blair's last day of
employment was December 24, 2004.
The Redevelopment Advisory Board anticipated hiring a new Executive Director prior to
Mr. BJair's departure on December 24, 2004. Unfortunately, after an extensive
interviewing process, negotiations with the leading candidate of choice reached an
impasse and an agreement could not be reached.
As a result, the Bayshore/Gateway Triangle Redevelopment Area was unable to staff its
local office located at 2408 Linwood Avenue, Suite II. The Advisory Board recognized
the importance of continuity in providing personnel services in the redevelopment area
and, at a December 29, 2004 emergency meeting, recommended the hiring of temporary
help as a stopgap measure to staff the redevelopment area until such time that a new
Executive Director could be hired. Coastal Staffing Services, Inc. began providing
temporary office staffing on January 6,2005.
The Bayshore/Gateway Triangle Redevelopment Area Advisory Board has re-advertised
for the Executive Director position and anticipates making a selection within the next
month. In the interim period, the Advisory Board maintains that staffing the
redevelopment office with temporary help &om Coastal Staffing Service, Inc. will
continue to keep the redevelopment area in operational mode while realizing a net
savings, as the payment for temporary help is significantly lower than the salary and
benefits that would be expended for the Executive Director under the past Executive
Director's compensation package.
--
Agenda Item No. 16G5
February 8, 2005
Page 2 of 3
FISCAL IMPACT: The proposed ratification of the Advisory Board's recommendation
to use Coastal Staffing Services, Inc.'s temporary employment services to staff the
redevelopment area office will result in a net savings for the redevelopment area. The
cost of temporary help does not approach the higher level of compensation that was being
paid the previous Executive Director.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of
the Growth Management Plan states that redevelopment plans may be developed for
specific areas within the County that may consider alternative land use plans,
modifications to development standards, and incentives to encourage redevelopment.
The staffing of the redevelopment office is in furtherance of this policy by ensuring
ongoing staff support for the Bayshore/Gateway Triangle Redevelopment Area.
ADVISORY BOARD RECOMMENDATION: As previously stated, the
Bayshore/Gateway Triangle Advisory Board held an emergency meeting on December
29, 2004 to recommend the hiring of temporary help as a stopgap measure to staff the
redevelopment area until such time that the new Executive Director could be hired.
Coastal Staffing Services, Inc. was hired in furtherance of this recommendation.
LEGAL CONSIDERATIONS: The recommended action is consistent with all
applicable constitutional and general law, and complies with adopted County and CRA
regulations, and thus, is legally sufficient for CRA Board consideration and approval.
RECOMMENDATION: That the Community Redevelopment Agency (CRA) ratify the
Bayshore/Gateway Triangle Redevelopment Area Advisory Board's decision to use
Coastal Staffing Service, Inc. to provide temporary staffing for the Bayshore/Gateway
Triangle Redevelopment Area office until the CRA ratifies the hiring of the
Redevelopment Area's new Executive Director; and to transfer all necessary funds from
Fund 187 Reserves to a temporary staffing expense line item to ensure staffing during the
period of time without an Executive Director.
Prepared by: Randall 1. Cohen, Community Planning and Redevelopment Manager,
Comprehensive Planning
.,...--
Item Number
Item Summary
Meeting Date
Approved By
Steve Carnell
Administrative Services
Agenda Item No. 16G5
February 8. 2005
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G5
Recommendation that the Community Redevelopment Agency (CRA) ratify the
Bayshore/Gateway Triangle Redevelopment Area Advisory Board's decision to use Coastal
Staffing Service, Inc to provide temporary staffing for the Bayshore/Gateway Triangle
Redevelopment Area office until the CRA ratifies the hiring of the Redevelopment Area's new
executive director: and to transfer all necessary funds from Fund 187 reserves to a temporary
staffing expense line item to ensure staffing during the period of time without an executive
director.
2/8/20059:00:00 AM
Purchasing/Gent>ral Svcs Director
Date
Purchasing
1/27/20053:04 PM
Date
Approved By
Stan litsinger
Community Development &
Environmental Services
Comprehensive Planning Director
Comprehensive Planning
1127/20054:40 PM
Approved By
Date
Sandra Lea
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
1/27/20054:42 PM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
1/28/20059:36 AM
Date
Approved By
Patrick G. White
County Attorney
Assistant County Attorney
County Attorney Office
1/281200511:25 AM
Approved By
Joseph K Schmit!
Community Development &
Envíronmental Services
Community Development &
Environmental Servìces Adminstrator
Date
Community Development &
Environmental Services Admin.
112812005 11 :59 AM
Administrative Assistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
1/28/2005 1 :20 PM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
1/311200511:13 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
1131/200511:22 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
1131/200512:59 PM
Agenda Item No. 16H1
February 8, 2004
Page 1 of 4
.--
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has detennined that attendance at the functions of fraternal, business,
environmenta~ educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Donna Fiala
FUNCTIONIEVENT: East Naples Civic Association Annual Banquet Celebration
PUBLIC PURPOSE: Support the ENCA and mingle with constituents
.-
DATE OF FUNCTIONIEVENT: Monday, January 17, 2005
FISCAL IMPACT: $35.00 Funds to be paid fÌ'om Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner to attend
function serving a valid public purpose.
PREPARED BY: Kathy Highbaugh, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: February 8, 2005
.-
-".~-<._.
Item Number
Item Summary
Meeting Date
Agenda Item No. 16H1
February 8, 2004
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H1
Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. She attended the East Naples Civic Association Annual
Banquet Celebration on January 17, 2005 at The Naples Lakes Country Club; $35.00 to be
paid from Commissioner Fiala's travel budget
2/8/200590000 AM
Prepared By
Date
Kathy Highbaugh
Board of County
Commissioners
Executive Aide to the BCC
1/24/20052:41 :01 PM
Approved By
BCC Office
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
BCC Office
1/24/2005 3:01 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1/27/20053:48 PM
Thanking Those Who Helped Make Our Night A Success
Agenda Item No. 16H1
February 8. 2004
Page 3 of 4
1" National Bank of Florida / Fitth Third Bank
E.lIIIFI
'.){:i.' [1"
[.:;;
CìVK A",oÓ;HÎon
ErÜ~ ~, It:Le H{'~t~h¡.t2tfH
The
East Naples Civic Association
Cordially Invites You To Attend
Its
Annual Banquet Celebration
At
The Naples Lakes Country Club
(Off CoWer BLvd. c.R. 951)
North of Rattlesnake-Hammock Road
Fü:~Ji;<-t~_~_ C:'r<'t'·k
;;-}:It(-~· Fun;:'r~,¡ }';~~,~'!-;-H
ll":."~,{hh f~-1AnageinËnt:'\~~{)ciatc" (',,-¡liicr Rt"'gÙ:'HH~J ~it'dÚ:_at
}.
Little Üah' }{,C:<LH1L1nt r~a~'d' ~Tr1ta CP ~. ~~
PnkhliU:1
On Monday, January 17,2005,' At 6:30 P.M.
Come; SMre In The
Fun and Friendship.
Celebrate Our Commu.nities,
Our People and Businesses.
EnjO) the CompanionshiP.
Your Banquet Committee Is Pleased To Arrange These Festivities,
And We Hope You Enjoy The Evening.
Lance Woodward, ChaiT; Jeff Macasevich; & Bob Murray
RSVP... Please!
239434-1967
Hors D'oeuvres
&:
Libation
(Cash Bar)
At 6:30 p.M.
Dinner Served At 7:30 p.M.
Dinner Menu
Chef's Salad Selection &: Dressings
PrimeRih olBeel, AuJus
(Alternate Selections Available an Ad_ ReqIK'St)
Twice--Baked Potato
Vegetable Medley
Rolls & Butter
CoHee or Tea
Dessert
Enjoy the Muse & Musical Moods
of
Compton & Bennett
Agenda Item No. 16H1
February 8. 2004
mCA'S 55th Year Page 4 of 4
Business Meeting
Invocation
Pledge Of Allegiance
Elections
The Nominating Committee Recommends
These Individuals for Terms as Board Trustees,
All as Indicated Below:
Board of Trustees
fa-. Two." TIt_ 'YfJII( T...,.,.)
.3 Yem Sue 0ncbe1I .3 Yem
:2 Yew Brent Moo"" 2 Years
2 YeatS l<m Drum :2 Yem
:2 Yean I))m Lupino I Year
1 Year Lance WoOOwm:d 1 Year
1 Year Ted Beisler 1 Year
Officers
President Bob Mu",", (Board Me_ 2 Yeat:s)
Vice-President Tom Cannon (Board. Member.3 Yean)
Secretary Karen Homiak (Board Member 3 Years)
Treasurer Ton, Zeman (Board Member 2 YeaTS)
Ka«:n l..;¡B¡mca
John HoolI!'y
Tom Rymt
JeffMacasevid>
Elain¢ Sdtm!dt
Ned B. Cu.dev
CaJ1lor NotlÚDJltions /rom the Floor
B.ooting
Newly Elected Presidenrs Message
This Ettening's BU$iness Sponsor
Naples Lakes Country Club
A Golf COnu:tU11'lÌ1y
-
Agenda Item No. 16H2
February 8,2005
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has detennined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public pwpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTIONIEVENT: LIFE Leadership In Fostering Life Award Ceremony
-
PUBLIC PURPOSE: Honor award recepients and speak with community leaders and
constituents
DATE OF FUNCTIONIEVENT: February 25, 2005
FISCAL IMPACT: $100.00 Funds to be paid ÍÌ'om Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to
attend function serving a valid public purpose.
PREPARED BY: TrishaMcPherson, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: February 8, 2005
,-
COLLIER COUNTY
Agenda Item No. 16H2
February 8, 2005
Page 2 of 3
BOARD OF COUNTY COMMISSIONERS
Item Number
16H2
Item Summary
Commissioner Halas requests Board approval for reimbursement for attending
a function serving a valid public purpose. Commissioner to attend the 2005
LIFE (Leadership In Fostering Education) award ceremony at The Registry
Resort on February 25, 2005; $100.00 to be paid from Commissioner Halas'
travel budget.
Meeting Date
2/8/2005 9:00:00 AM
Prepared By
Date
Trisha McPherson
Executive Aide to the BCC
2/2/200511 :39:06 AM
Board of County
Commissioners
BCC Office
Approved By
Je Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
2/2/2005 11 :42 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
2/2/2005 4:45 PM
!&Fe
lEADE.RSHIP IN FOSTERING WtJCA,TION AWARD
.
EDISON COUEGE
Fou>ttÚU:Í<m.,I11<'_
~~~vvclÍo~ eLr-e~/c&
The Honorable . Dudley Goodlette, Mayor Bill Barnett,
Holland T. Salley
The Edison College Foundation, Inc.
cordially invites you to a luncheon honoring
F FuxLHz~
recipient of the 2005 Holland T. Salley
~eade/c-ólUf' £#1/
f~ 6LwætWM/
(ot£fE) A~akd
recognizing his longstanding and ardent support
of education in Collier County.
rJ."""\ Friday, February 25, 2005
.k \ij:)'V" 11 :30 am Reception
~ \ 12 :00 pm Luncheon
The Registry Resort & Club
Naples, Florida
Proceeds to benefit The Collier Campus
Allied Health Sciences Center Building Fund
~~ ~ Item No. 16H2
February 8, 2005
PLEASE REPLY BY TUESDAY, FEBRUARY 15, 2005 Page 3 of 3
Name f~At-.1K \-\ALAS TitleCbM,M\S'S\1)IVa.
Company c.o 1.L-1e:il. CbÙtoJ'T"t c;b>..IEJbnA.ÐJ"í
Street Address "=\~ I T.qM\AM.\. ~\L EAST
City/State!Zip N.p.PLe.S. ;::L. g41Q..
Phone Number ï1Li - ~~qD Emairfrlll"\l(~\Q.~^\I~l..
~I'I.ÑE
o PRESENTING SPONSORSHIP $1,500- .:J
Giving at this leve" includes a table for eight plus publicity and patron recognition.
(Gift must be received by February 7, 2005 10 be included in the program.)
o Please re,erve
ji(Please reserve :J.
table(,) at $1 ,000 each"
,eat(sl at $1 00 each.
Total $
Total $ ::1f>O. 00
. 0 I am unable to attend the luncheon but would like to make a donation to the Building
Fund for the Allied Heath Sciences Center on the Edison College Collier Campus.
(This gift is 100% tax deductible.) $
PAYMENT INFORMATION
o Enclosed please find my check payable to Edison College Foundation, Inc.
)('Please charge my credit card a VISA ):i( MasterCard a AM~X 0 Discover
Account # Exp. Date_
Name on Card ~~~-
Signature _ _--'
GUESTS Please prinr the nilftJC5 tJf guf!st!j below:
bIA,vF ~4LA 5
---'---.~---'-
..
EDISON COIl..EGE
FtUMA.tidn. Inc.
"Includes 2 tickets to the Patron Reception - see enclosed card
funds are administered by the Edison College Foundatloo, lnc.
For the benefit of the Collier Campus of Edison Coflege.
ADDITIONAL INFORMATION please cal/239-712-31/8
The IRS allows a (aX deduction (or the amount of the contributions less
the f¡¡i, market value of goods recej'V(.~. Value of goods received is $50 per guest.
--_._._~_. ----
------------,-_.
-
FOR BOARD ACTION:
Agenda Item No. 1611A
February 8, 2005
Page 1 of2
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
February 8, 2005
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
-
-
H:Data/Fonnat
"'._._--,--_.~.,
1. Productivity Committee - Minutes for December 15, 2004.
..
Agenda Item No. 1611A
February 8, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
1611
Miscellaneous Items to File for Record with Action as Directed.
Meeting Date
2/8/20059:00:00 AM
Prepared By
Date
Kathleen Martinson
Administrative Aide to BCC
1/28/20053:18:45 PM
Board of County
Commissioners
Bce Office
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
1/31/20058:19 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/31/20058:30 AM
Agenda Item No. 16J1
February 8, 2005
Page 1 of2
EXECUTIVE SUMMARY
THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A
DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND
SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE
ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE
EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES.
OBJECTIVE: To have the Board of County Commissioners make a
determination whether the purchase orders opened from January 8,2005 through January
21, 2005 serve a valid public purpose and authorize the expenditure of County funds to
satisfy said purchases.
CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office
has prepared a detail list of all purchase orders that have not previously been approved by
the Board of County Commissioners that were opened for the period January 8, 2005
through January 21, 2005. This report is available for inspection and review in the
County Manager's Office.
FISCAL IMPACT: The goods and services included in the aforementioned report have
all been previously appropriated.
_.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
related to this item.
RECOMMENDATION: That the Board of County Commissioners make a
determination of whether the purchases of goods and services documented in the detailed
report of open purchase orders serve a valid public purpose and authorize the expenditure
of County funds to satisfy said purchases.
Prepared By: -1i=r.>: ~
es L. MÌtchell
Finance & Accounting Finance Director
Date: )IÞltÞ~
Reviewed and Ce 1- C /L
Approved By: ~ . )-
Constance C. Murray
General Operations Manager
Date:
/ /J.7)OJ
-
Item Number
Item Summary
Meeting Date
Approved By
Michael Smykowski
County Manager's Office
Agenda Item No, 16J1
February 8, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J1
Recommendation that the Board of County Commissioners make a determination of whether
the purchases of goods and services documented in the Detailed Report of Open Purchase
Orders from January 8, 2005 to January 21, 2005 serve a valid public purpose and authorize
the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on
display in the County Manager's Office, W. Harmon Turner Building. 3301 East Tamiami Trail,
Naples, Florida.
2/8/2005900:00 AM
Management & Budget Director
Date
Office of Management & Budget
1/28/2005 11: 06 AM
Approved By
James V. Mudd
Boa~d of County
Commissioners
County Manager
Date
County Manager's Office
1/28/20058:26 PM
Agenda Item No. 16J2
February 8, 2005
Page 1 of2
_.
EXECUTIVE SUMMARY
THE FINANCE AND ACCOUNTING DEPARTMENT SEEKS APPROVAL OF
BUDGET AMENDMENTS REQUIRED FOR THE REBATE OF ARBITRAGE
ON THE 1997 SPECIAL OBLIGATION REVENUE BONDS AND
COMMERCIAL PAPER LOANS A-13-! AND A-I4-1.
OBJECTIVE: To obtain approval of budget amendments required for the rebate of
arbitrage on the 1997 Special Obligation Revenue Bonds and Commercial Paper Loans
A-13-1 and A-14-1.
-
CONSIDERA nONS: Pursuant to Resolution 96-158 the Office of the Clerk of the
Circuit Court is responsible for monitoring the calculation of arbitrage. The proposed
payment does not represent a penalty. but an excess of interest earned; as arbitrage
subject to rebate is the excess earned on invested tax exempt debt proceeds In meeting
this responsibility the Clerk administers to an arbitrage services contract with the fIrm
BondResource Partners. LP. During their review for final arbitrage calculation purposes,
BondResoUICe Partners, LP calculated rebatab1e arbitrage of $2,396.71 relating to the
1997 Special Obligation Revenue Bonds and $20.145.29 relating to the combined
Commercial Paper Loans. Arbitrage is calculated every year on all qualifying tax-
exempt bond issues, however it is only the pomon owed by the issuer as of the fifth
annual calculation, or final maturity, that is subject to rebate.
FISCAL IMPACT: Funds totaling $22,542.00 will be made available by appropriating
available interest in the 1997 Special Obligation Revenue Bond Fund (290) and
transferring appropriation to an arbitrage rebate category in the Commercial Paper Debt
Service Fund (299). The Special Obligation Bond Fund wíll then be closed, as the
Bonds have matured.
RECOMMENDATION: lOOt the Board of County Commissioners approve the budget
amendments, enabling the Department of Finance and Accounting to rebate arbitrage and
close the Special Obligation Bond Fund (290).
Prepared By: Derek M. Johnssen
General Accounting Manager
Reviewed By: James L. Mitchell, CIA, CFE, CBA
Director of Finance and Accounting
-
Item Number
Item Summary
Meeting Date
Approved By
Michael Smykowski
County Manager's Office
Agenda Item No. 16J2
February 8, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J2
The Finance and Accounting Department seeks approval of Budget Amendments required for
the Rebate of Arbitrage on the 1997 Special Oblígation Revenue Bonds and Commercial
Paper Loans A-13-1 and A-14-1
2/8/20059:00:00 AM
Management & Budget Director
Date
Office of Management & Budget
1/31/200511:18 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1/31/200511:42 AM
Agenda Item No. 16K1
February 8, 2005
Page 1 of6
EXECUTIVE SUMMARY
--
Recommendation to authorize the making of an Offer of Judgment to
Respondents, Ziad Shahla and Heidi Fleer for Parcel No. 146 in the amount of
$18,150.00 in the lawsuit styled Collier County v. Ziad Shahla, et aL, Case No. 04-
600-CA (Vanderbilt Beach Road Project 63051).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section
73.032, Fla. Stat., to Respondents, Ziad Shahla and Heidi Fleer ("Respondents"), in the amount of
$18,150, as full compensation, excepting attorney's fees and costs, for the acquisition arising out of
the condemnation of Parcel No. 146 in Collier County v. Ziad Shahla, et al., Case No. 04-600-CA.
CONSIDERATIONS: On July 16, 2004, Collier County deposited $16,500 into the Court
Registry and acquired title to Parcel 146 in accordance with the Order of Taking entered on June 29,
2004. The County Attorney's Office would like to make an Offer of Judgment in the amount of
$18,150, as full compensation for the property taken, including interest and all damages. See
attachment. The making of the Offer will require Respondents to carefully assess their claim within
30 days. If the offer is rejected and Respondents fail to recover more than $18,150 through
settlement or jury verdict, the County will not be required to pay any costs, including appraisal and
other expert fees, incurred by Respondents after the date of the offer's rejection. Should the
Respondents accept, the County will be required to pay as follows:
TOTAL COST:
$1,650.00
$1.897.50
$3,547.50
-
. Additional Compensation for Parcel
. Statutory Attorney's Fees *
* Attorney's Fees are mandated by s. 73.092, F.S., and are based on 33% of the difference between
any settlement amount and the initial offer, i.e., 0.33 X ($18,150 - $12,400).
FISCAL IMPACT: Funds in the amount of $3,547.50 ($1,650 + $1,897.50) are available in the
FY 05 adopted budget. Source of funds are Gas Taxes and Impact Fees.
GROWfH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the tenns of the Offer of Judgment and authorize its service on Respondents;
2. Approve the expenditure of funds as stated, if the offer is accepted;
3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and
authorize payment accordingly.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
.-.
Agenda Item No. 16K1
February 8, 2005
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K1
Recommendation to authorize the making of an Offer of Judgment to Respondents, Ziad
Shahla and Heidi Fleer for Parcel No. 146 in the amount of $18,150.00 in the lawsuit styled
Collier County v. Ziad Shah la, et aI., Case No. 04-600-CA (Vanderbilt Beach Road Project
63051 ).
2/8/20059:00:00 AM
Meeting Date
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportion Services
Transportation Administration
1/20/20052:40 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion ServIces
Transportation Administration
1/20/20052:46 PM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
1/24/2005 8:28 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportion Services
Transportation Engineering and
Construction
1/24/2005 9:46 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
1/25/200510:47 AM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/25/20055:49 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
1/28/200511:11 AM
Approved By
OMB Coordinator
AdminIstratIve Assistant
Date
County Manager's Office
Office of Management & Budget
1/28/2005 12:40 PM
Approved By
Agenda Item No. 16K1
February 8, 2005
Page 3 of6
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 1/28/20054:31 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 1/28/20054:44 PM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 1/31/20059:55 AM
Agenda Item No. 16K1
February 8, 2005
Page 4 of 6
IN THE IN THE CIRCUIT COURT OF THE TWENTIETII JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No.
04-600-CA
v.
Parcel No.
146
ZIAD SHAHLA, et al.,
Respondents.
/
OFFER OF JUDGMENT
TO: Ziad Shahla and Heidi Fleer
C/o Kenneth A. Jones, Esq.
ROETZEL & ANDRESS
2320 First Street, Ste. 1000
Ft. Myers, FL 33901-3419
Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues,
and Fla. R Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the
Respondents, ZIAD SHAHLA and HEIDI FLEER, ("Respondents"), for all compensation,
including severance damages, business damages, costs to cure, together with the value of the
taking, and any other claims of Respondents arising out of the taking of Parcel 146, in the total
amount of Eighteen Thousand One Hundred Fifty and No/I00 Dollars ($18,150.00), for
Parcel 146, which includes the amount of$16,500.oo which was deposited pursuant to the Order
of Taking dated June 29, 2004.
This offer is being made jointly to Ziad Shahla and Heidi Fleer, and can only be accepted
by both Respondents.
All compensation paid to Respondents in accordance with this offer will be subject to the
apportionment claims, if any, of the mortgage holder.
1
Agenda Item No. 16K1
February 8, 2005
Page 5 of 6
There are no other non-monetary terms or other relevant conditions to this offer except
that this offer does include interest from the date of the Order of Taking but does not include
attorney's fees and costs.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for the Respondents' review upon reasonable notice
of such a request.
Dated this _ day of
, 2005.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
A TIORNEY FOR PETITIONER
2
Agenda Item No. 16K1
February 8, 2005
Page 6 of 6
IN THE IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CML ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 04-600-CA
v.
Parcel No. 146
ZIAD SHAHLA, et aI.,
Respondents.
/
NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT
YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by
and through its undersigned attorney, has served Petitioner's Offer of Judgment to the
Respondents, ZIAD SHAHLA and HEIDI FLEER, as to Parcel 146 in the above-styled cause.
I HEREBY CERTIFY that a true and correct copy of this Notice and Offer of Judgment
has been furnished by Regular U.S. Mail to Ziad Shahla and Heidi Fleer, C/o Kenneth A. Jones,
Esq., ROETZEL & ANDRESS, 2320 First Street, Ste. 1000, Ft. Myers, FL, 33901-3419, and a
copy of this Notice to Shahla & Mufdi Corporation, c/o Ziad Shahla, its R.A., 5281 Cherry
Wood Drive, Naples, Florida, 34119, AmSouth Bank, c/o CT Corporation System, its RA., 1200
S. Plantation Island Road, Plantation, Florida, 33324 and Collier C01Ulty Tax Collector, c/o E.
Glenn Tucker, Esq., RHODES, TUCKER & GARRETSON, P. O. Box 887, Marco Island,
Florida 34146 on this _ day of ,2005.
OFFICE OF THE COUNTY ATTORNEY
Hannon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
ATTORNEY FOR PETITIONER
Agenda Item No. 16K2
February 8, 2005
Page 1 of6
EXECUTIVE SUMMARY
--
Recommendation to authorize the making of an Offer of Judgment to
Respondent, Alexander S. Oppliger for Parcel No. 148 in the amount of $16,180
in the lawsuit styled Collier County v. Ziad Shah/a, et aL, Case No. 04-600-CA
(Vanderbilt Beach Road Project 63051).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section
73.032, Fla. Stat., to Respondent, Alexander S. Oppliger (''Respondent''), in the amount of$16,180,
as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the
condemnation of Parcel No. 148 in Collier County v. Ziad ShahIa, et al., Case No. 04-600-CA.
CONSIDERATIONS: On July 16, 2004, Collier County deposited $13,800.00 into the Court
Registry and acquired title to Parcel 148 in accordance with the Order of Taking entered on June 29,
2004. The County Attorney's Office would like to make an Offer of Judgment in the amount of
$16,180, as full compensation for the property taken, including interest and all damages. See
attachment. The making of the Offer will require Respondent to carefully assess his claim within
30 days. If the offer is rejected and Respondent fails to recover more than $16,180 through
settlement or jury verdict, the County will not be required to pay any costs, including appraisal and
other expert fees, incurred by Respondent after the date of the offer's rejection. Should the
Respondent accept, the County will be required to pay as follows:
>"-
· Additional Compensation for Parcel
· Statutory Attorney's Fees *
TOTAL COST:
$2,380.00
$1.115.40
$3,495.40
* Attorney's Fees are mandated by s. 73.092, F.S., and are based on 33% of the difference between
any settlement amount and the initial offer, i.e., 0.33 X ($16,180 - $12,800).
FISCAL IMPACT: Funds in the amount of $3,495.40 ($2,380.00 + $1,115.40) are available in the
FY 05 adopted budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the tenns of the Offer of Judgment and authorize its service on Respondent;
2. Approve the expenditure of funds as stated, if the offer is accepted;
3. Approve Stipulated Final Judgment based on an acceptance of the Offer of Judgment, and
authorize payment accordingly.
"-
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
"'''_·'''''''''·H''''''~'~·"",~
Agenda Item No. 16K2
February 8, 2005
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K2
Meeting Date
Recommendation to authorize the making of an Offer of Judgment to Respondent, Alexander
S. Oppliger for Parcel No. 148 in the amount of $16,18000 in the lawsuit styled Collier
County v. Ziad Shahla, et aI., Case No. 04-600-CA (Vanderbilt Beach Road Project 63051).
2/8/20059:00:00 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportion Services
Transportation Administration
1(20/20052:41 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportioll Services
Transportation Administration
1/20/20053:28 PM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
1(24(20058:27 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
Transportion Services
1/24/20059:59 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
1/25/200510:48 AM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/25/20055:54 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
COlfnty Attorney Office
1/28/200511:13 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1(28/200512:41 PM
Approved By
Agenda Item No. 16K2
February 8, 2005
Page 3 of 6
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 1/28/20054:37 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 1/31/20058:38 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 1/31/200510:20 AM
Agenda Item No. 16K2
February 8, 2005
Page 4 of 6
IN THE IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FWRIDA
CIVIL ACTION
COLLffiR COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No.
04-600-CA
v.
Parcel No.
148
ZIAD SHAHLA, et al.,
Respondents.
/
OFFER OF JUDGMENT
TO: Alexander S. Oppliger
C/o Kenneth A. Jones, Esq.
ROETZEL & ANDRESS
2320 First Street, Ste. 1000
Ft. Myers, FL 33901-3419
Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues,
and Fla. R Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the
Respondent, ALEXANDER S. OPPLIGER, ("Respondent"), for all compensation, including
severance damages, business damages, costs to cure, together with the value of the taIång, and
any other claims of Respondent arising out of the taking of Parcel 148, in the total amount of
Sixteen Thousand and No/1oo Dollars ($16,180.00), for Parcel 148, which includes the
amount of$13,800.00 which was deposited pursuant to the Order of Taking dated June 29, 2004.
There are no other non-monetary terms or other relevant conditions to this offer except
that this offer does include interest from the date of the Order of Taking but does not include
attorney's fees and costs.
1
-.........-",.-"... ..
Agenda Item No. 16K2
February 8, 2005
Page 5 of 6
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for the Respondent's review upon reasonable notice
of such a request.
Dated this _ day of
,2004.
OFFICE OF TIffi COUNTY ATTORNEY
Harmon Turner Building
3301 East Tarniami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
ATTORNEY FOR PETITIONER
2
Agenda Item No. 16K2
February 8. 2005
Page 6 of 6
IN THE IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CML ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 04-600-CA
v.
Parcel No. 148
ZIAD SHAHLA, et aI.,
Respondents.
/
NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT
YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by
and through its undersigned attorney, has served Petitioner's Offer of Judgment to the
Respondent, ALEXANDER S. OPPLIGER as to Parcel 148 in the above-styled cause.
I HEREBY CERTIFY that a true and correct copy of this Notice and Offer of Judgment
has been furnished by Regular U.S. Mail to Alexander S. Oppliger, C/o Kenneth A. Jones, Esq.,
ROETZEL & ANDRESS, 2320 First Street, Ste. 1000, Ft. Myers, FL, 33901-3419, and a copy
of this Notice to Collier County Tax Collector, c/o E. Glenn Tucker, Esq.. RHODES, TUCKER
& GARRETSON, P. O. Box 887, Marco Island, Florida 341464 on this _ day of
,2005.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
ATTORNEY FOR PETITIONER
Agenda Item No. 16K3
February 8, 2005
Page 1 of 6
EXECUTIVE SUMMARY
.""'.."'.....
Recommendation to authorize the making of an Offer of Judgment to
Respondent, Patricia A. Carter for Parcel No. 149 in the amount of $18,150.00
in the lawsuit styled CoOie,. County v. Ziad Shahlll, et aJ., Case No. 04-600-CA
(Vanderbilt Beach Road Project 63051).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section
73.032, Fla. Stat.. to Respondent, Patricia A. Carter ("Respondent"). in the amount of $18,150.00.
as full compensation. excepting attorney's fees and costs, for the acquisition arising out of the
condemnation of Parcel No. 149 in Collier County v. Ziad Shahla, et ai., Case No. 04-600-CA.
CONSIDERATIONS: On July 16. 2004. Collier County deposited $16,500.00 into the Court
Registry and acquired title to Parcel 149 in accordance with the Order of Taking entered on June 29,
2004. The County Attorney's Office would like to make an Offer of Judgment in the amount of
$18,150, as full compensation for the property taken, including interest and all damages. See
attachment. The making of the Offer will require Respondent to carefully assess her claim within
30 days. If the offer is rejected and Respondent fails to recover more than $18,150 through
settlement or jury verdict, the County will not be required to pay any costs. including appraisal and
other expert fees. incurred by Respondent after the date of the offer's rejection. Should the
Respondent accept, the County will be required to pay as follows:
"j--
· Additional Compensation for Parcel
· Statutory Attorney's Fees *
TOTAL COST:
$1,650.00
$1.897.50
$3,547.50
* Attorney's Fees are mandated by s. 73.092, F.S.. and are based on 33% of the difference between
any settlement amount and the initial offer, i.e., 0.33 X ($18.150 - $12,400).
FISCAL IMPACT: Funds in the amount of $3,547.50 are available in the FY 05 adopted budget.
Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve and authorize service of the Offer of Judgment;
2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the offer is
accepted.
PREPARED BY: Ellen T. Chadwell. Assistant County Attorney
--,....."...,-..."...,.
Agenda Item No. 16K3
February 8, 2005
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K3
Meeting Date
Recommendation to authorize the making of an Offer of Judgment to Respondent, Patricia A.
Carter for Parcel No. 149 in the amount of $18,150.00 in the lawsuit styled Collier County v
Ziad Shah la, et aI., Case No. 04-600-CA (Vanderbilt Beach Road Project 63051).
2/8/20059:0000 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportion Services
Transportation Administration
1120/20052:42 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
1120/20053:26 PM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
1124120058:27 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
1/251200510:48 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
Transportion Services
1/25/20054:28 PM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
1125/20055:52 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
1/281200511 :14 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28/2005 12:42 PM
Approved By
Agenda Item No. 16K3
February 8, 2005
Page 3 of 6
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 1/28/20054:40 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 1/31/20058:41 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 1/31/200510:24 AM
Agenda Item No. 16K3
February 8, 2005
Page 4 of 6
IN THE IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No.
04-600-CA
v.
Parcel No.
149
ZIAD SHAHLA, et al.,
Respondents.
/
OFFER OF JUDGMENT
TO: Patricia A. Carter
C/o Kenneth A. Jones, Esq.
ROETZEL & ANDRESS
2320 First Street, Ste. 1000
Ft. Myers, FL 33901-3419
Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues,
and Fla. R Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the
Respondent, PATRICIA A. CARTER, ("Respondenf'), for all compensation, including
severance damages, business damages, costs to cure, together with the value of the taking, and
any other claims of Respondent arising out of the talcing of Parcel 149, in the total amount of
Eighteen Thousand One Hundred Fifty and No/100 Dollars ($18,150.00), for Parcel 149,
which includes the amount of $16,500.00 which was deposited pursuant to the Order of Taking
dated June 29, 2004.
All compensation paid to Respondent in accordance with this offer win be subject to the
apportionment claims, if any.
"-
1
Agenda Item No. 16K3
February 8, 2005
Page 50f6
There are no other non-monetary terms or other relevant conditions to this offer except
that this offer does include interest from the date of the Order of Taking but does not include
attorney's fees and costs.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for the Respondent's review upon reasonable notice
of such a request.
Dated this _ day of
, 2005.
OFFICE OF THE COUNTY ATIORNEY
Harmon Turner Building
330 I East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
A TIORNEY FOR PETITIONER
2
Agenda Item No. 16K3
February 8, 2005
Page 6 of 6
IN THE IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 04-6oo-CA
v.
Parcel No. 149
ZIAD SHAHLA, et al.,
Respondents.
/
NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT
YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by
and through its undersigned attorney, has served Petitioner's Offer of Judgment to the
Respondent, PATRICIA A. CARTER, as to Parcel 149 in the above-styled cause.
I HEREBY CERTIFY that a true and correct copy of this Notice and Offer of Judgment
has been furnished by Regular U.S. Mail to Patricia A. Carter, C/o Kenneth A. Jones, Esq.,
ROETZEL & ANDRESS, 2320 First Street, Ste. 1000, Ft. Myers, FL, 33901-3419, and a copy
of this Notice to Richard Carter, 550 Neapolitan Way, Naples, Florida 34103, Orion Bank:, c/o J.
Michael Coleman, Esquire, CONROY, COLEMAN & HAZZARD, P.A., 2640 Golden Gate
Parkway, Suite 115, Naples, Florida 34105, and Collier County Tax Collector, c/o E. Glenn
Tucker, Esq., RHODES, TUCKER & GARRETSON, P. O. Box 887, Marco Island, Florida
34146 on this _ day of , 2005.
OFFICE OF THE COUNTY AITORNEY
Hannon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
ELLENT.CHJùDWELL,ESQlmRE
Florida Bar No. 0983860
ATTORNEY FOR PETITIONER
"'-~''''--"-~'~''
,.-.
Agenda Item No. 16K4
February 8, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board authorize an increase of Purchase Order No. 4500038066,
Gerson, Preston Robinson & Co., P.A., expert witnesses and consultants for the County in
lawsuits associated with the Immokalee Rd. Project 66042, for an amount not to exceed
$40,000.00.
OBJECTIVE: For the Board to authorize an increase of Purchase Order No. 4500038066, Gerson,
Preston, Robinson & Co., P.A., expert witnesses and consultants for the County in the lawsuits entitled
Collier County v. Wal-Mart Stores, Inc., et al., Case No. 04-3632-CA, and Collier County v. First
National Bank, et al., Case No. 04-3587-CA (Immokalee Rd. Project 66042), for an amount not to
exceed $40,000.00.
CONSIDERATIONS: On July 22, 2004 the above referenced eminent domain action entitled, Collier
County v. Wal-Mart Stores. Inc., was filed for the acquisition of property for the lmmokalee Rd. Project
66042 (U.S. 41 to 1-75). On September 16, 2004, Collier County received from Respondent, Wal-
Mart Stores, Inc., a business damage claim in the amount of $5,890,000.00. On July 20, 2004 the
above referenced eminent domain action entitled, Collier County v. First National Bank of Naples, et
al., was filed for the acquisition of property for the Immokalee Rd. Project 66042 (U.S. 41 to 1-75).
On October 18,2004, Collier County received from Respondent, B.F. Ft. Myers, Inc., d/b/a Wendy's
Old Fashioned Hamburgers Restaurants, a business damage claim in the amount of $299,000.00.
,- The County deemed it necessary to employ the use of a business damage expert to serve as a consultant
to aid in the County's response to the Respondents' business damage claims and as an expert witness on
the issues of the business damage claims and full compensation. On November 4, 2004, Purchase
Order No. 4500038066 was opened for the firm of Gerson, Preston, Robinson & Co., P.A., for an
amount up to $15,000.00. On January 9,2005, the purchase order was increased for an amount up to
$25,000.00, however, due to the extensive amount of work required to properly address claims of this
magnitude and the possibility of trial preparation, a further increase is necessary and cannot be
processed without the Board's approval.
Gerson, Preston, Robinson & Co., P.A., estimates that pre-trial costs could total an additional
$15,000.00. Based on this infonnation, staff recommends that the purchase order be increased by
$15,000.00, to an amount not to exceed $40,000.00.
· Original Purchase Order Amount:
· Purchase Order Increase:
· Proposed Increase Amount:
TOTAL:
$15,000.00
$10,000.00
$15.000.00
$40,000.00
The County Attorney's Office has reviewed the cost estimates provided by Gerson, Preston, Robinson
& Co., P.A. and considers the services to be consistent with the market rate and a necessary expense.
~I"""""..
FISCAL IMP ACT: Funds in the amount of $15,000.00 are available in the FY 05 adopted budget.
Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
""."-~-_..,,,.,",.,....
Agenda Item No. 16K4
February 8, 2005
Page 2 of 5
RECOMMENDATION:
1, To authorize the increase of Purchase Order No. 4500038066, Gerson, Preston, Robinson &
Co., P.A., to an amount not to exceed $40,000.00;
2. Approve the expenditure of funds as stated;
3. Direct staff to revise Purchase Order No. 4500038066 to reflect an increase to an amount not
to exceed $40,000.00.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Agenda Item No. 16K4
February 8, 2005
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K4
Recommendation that the Board authorize an increase of Purchase Order No. 4500038066,
Gerson, Preston, Robinson & Co.. PA, expert witnesses and consultants for the County in
the lawsuits entitled Collier County v Wal-Mart Stores, Inc., et aI., Case No. 04-3632-CA, and
Collier County v. First National Bank, et aI., Case No. 04-3587-CA (Immokalee Rd. Project
66042), for an amOLlnt not to exceed $40,000.00.
2/8/2005 9:00:00 AM
Meeting Date
Prepared By
Date
Heidi F. Ashton
Assistant County Attorney
1/18/20054:51 :47 PM
County Attorney
County Attorney Office
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportion Services
Transportation Administration
1/20/20052:45 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
1/20/20054:09 PM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
1/24/20058:25 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
1/25/200510:52 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
Transportion Services
1/25/20054:29 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/25/20056:48 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
1/281200511:16 AM
Agenda Item No. 16K4
February 8, 2005
Page 4 of 5
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28/2005 12:44 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/28/2005 4:44 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/31/20054:44 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/31/20055:21 PM
Agenda Item No. 16K4
February 8, 2005
Page 5 of 5
GERSON. PRESTON. ROBINSON & CO.. P.A.
HOURI. Y RATES
Managers
$150.00/ hour
$125.00/ hour
Partners
Staff
$90.00 / hour
*The cost for any additional overhead or additional expenses, such as preparation of
exhibits, will be mutually agreed upon prior to the perfonnance of such services.
Agenda Item No, 16K5
February 8, 2005
Page 1 of 5
/-
EXECUTIVE SUMMARY
Recommendation to authorize the making of an Offer of Judgment to
Respondent, Helen Valent, for Parcel No. 157 in the amount ofS79,465 in the
lawsuit styled Collier County v. Helen Valent, et aL, Case No. 04-524-CA
(Vanderbilt Beach Road Project 63051).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to Respondent, Helen Valent ("Respondent"), in the amount of
$79,465.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising
out of the condemnation ofP~cel Nq. 157 ÌJ.l Collier County v, Helen.Valent, et al., Case No, 04::"
524-CA.
-
CONSIDERATIONS: On July 15, 2004, Collier County deposited $69,100.00 into the Court
Registry and acquired title to Parcel 157 in accordance with the Order of Taking entered on June
29,2004. The County Attorney's Office would like to make an Offer of Judgment in thè amount
of $79,465.00, as full compensation for the property taken, including interest and all damages.
The proposed Offer of Judgment is attached. The making of the Offer of Judgment will require
the Respondent to carefully assess her claims within 30 days. Respondent will have thirty days
fÌ"om the date of mailing the offer to accept. If the offer is rejected and Respondent fails to
recover more than $79,465.00 for Parcel 157, either through settlement or jury verdict" thee'"
County will not be required to pay any costs incUITed by Respondent after the date ofthe offer's
rejection.
Should the Respondent accept, the County will be required to pay as follows:
TOTAL COST:
$10,365.00
$6.357.45
$16,722.45
. "':."".~.'';'
. Additional Compensation for Parcel:
. Statutory Attorney's Fees"':
"'Attorney's Fees are mandated by s. 73.092, F.S., and are based on 33% of the difference
between any settlement amount and the initial offer, i.e., 0.33 x (79,465 - $60,200).
FISCAL IMPACT: Funds in the amount of $16,722.45 are available in the FY 05 adopted
budget. Source offunds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
I. Approve and authorize service of the Offer of Judgment;
2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, should the
offer be accepted.
-
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Agenda Item No. 16K5
February 8, 2005
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K5
Meeting Date
Recommendation to authorize the making of an Offer of Judgment pursuant to Section
73.032, Fla. Stat, to Respondent, Helen Valent ("Respondent"), in the amount of $79,465.00,
as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the
condemnation of Parcel No. 157 in Collier County v. Helen Valent, et aI., Case No. 04-524-
CA
2/8/20059:00:00 AM
Prepared By
Date
Heidi F. Ashton
Assistant County Attorney
1/19/20059:01 :52 AM
County Attorney
County Attorney Office
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
1/19/20055:18 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportion Services
Transportation Admin istration
1/20/20052:42 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportlon Services
Transportation Administration
1/20/20053:29 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
1/25/2005 10:53 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
Transportion Services
1/25/20054:31 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/26/2005 11 :41 AM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
1/28/200511:17 AM
Agenda Item No. 16K5
February 8, 2005
Page 3 of 5
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28/200512:45 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/311200510:33 AM
Approved By
MichaelSmykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/3112005 12:24 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1/311200512:47 PM
Agenda Item No. 16K5
February 8, 2005
Page 4 of 5 .
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 04-0524-CA
Petitioner,
Parcel No.: 157
vs.
HELEN VALENT, et al.,
Respondents.
/
OFFER OF JUDGMENT
TO: Helen Valent
C/o Tim W. Ferguson, Esq.
4265 Bonita Beach Road
Bonita Springs, FL 34134
Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues,
and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the
Respondent, HELEN VALENT ("Respondent"), for all compensation, including severance
damages, business damages, costs to cure, together with the value of the taking, and any other
claims of Respondent arising out of the taking of Parcel 157, in the total amount of Seventy-nine
Thousand Four Hundred Sixty-five and No/tOO Dollars ($79,465.00), for Parcel 157, which
includes the amount of $69,100.00 which was deposited pursuant to the Order of Taking dated
June 29, 2004.
All compensation paid in accordance with this offer will be subject to the apportionment
claims, if any, of the mortgage holder.
1
Agenda Item No. 16K5
February 8, 2005
Page 5 of 5
There are no other non-monetary terms or other relevant conditions to this o:ffer except
that this offer does not include attorney's fees and costs.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for the Respondent's review upon reasonable notice
of such a request.
Dated this _ day of
.2005.
OFF~EOFTIffiCOillITYATIOIDŒY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
HEIDI F. ASHTON, ESQUIRE
Florida Bar No. 0966770
A TIORNEY FOR PETITIONER
2
Agenda Item No, 16K6
February 8. 2005
Page 1 of 10
-
EXECUTIVESU~Y
Recommendation to approve a Stipulated Final Judgment as to Parcels 143A
and 1438 in the lawsuit styled Collier County v. The Courtyards at Quail
Woods, et øI., Case No. 04-3833-CA (Immokalee Rd. Project 66042).
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final
Judgment for payment of ful1 compensation for the taking of Parcels 143A and 143B in the
lawsuit styled Collier County v. The Courtyards at Quail Woods Condominium Assoc., Inc., et
at., Case No. 04-3833-CA (Immokalee Rd. Project 66042).
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$70,300.00 on December 29, 2004. The County's last written offer was $71,600.00. The
County and Respondent have negotiated a settlement of $73,500.00 for full compensation.
If the settlement is approved, the County is responsible for the fol1owing costs:
~
· Additional DepositlDisbursement Amount:
· Expert Fees:
· Attorney's Fees:
· Clerk's Service Fee:
TOTAL:
$3,200.00
None.
None.
$150.00
$3,350.00
Attached is the proposed Stipulated Final Judgment.
FISCAL IMPACT: Funds in the amount of $3,350.00 are available in the FY 2005 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Stipulated Final Judgment as to Parcels 143A and 143B;
2. Approve the expenditure offunds as stated; and
3. Direct staff to deposit the sum of $3,350.00 with the Clerk of Court.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
,,--..
1
Item Number
Item Summary
Meeting Date
Agenda Item No. 16K6
February 8, 2005
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K6
Recommendation that the Board of County Commissioners approve the Stipulated Final
Judgment for payment of full compensation for the taking of Parcels 143A and 1438 in the
lawsuit styled Collier County v. The Courtyards at Quail Woods Condominium Assoc., Inc., et
aI., Case No. 04-3833-CA (lmmokalee Rd. Project 66042).
2/8/20059:00:00 AM
Date
. Prepared By
Heidi F. Ashton
County Attorney
Assistant County Attorney
1/26120059:23:03 AM
County Attorney Office
Approved By
Heidi F. Ashton
County Attorney
Assistant County Attorney
Date
County Attorney Office
1/26/200510:20 AM
Approved By
Nancy Bradley
County Attorney
Legal Secretary
Date
County Attorney Office
1126/20051:26 PM
Approved By
Sharon Newman
Transportion Services
Accounting Supervisor
Date
Transportation Administration
1/26/20053:29 PM
Approved By
Kevin Hendricks
Transportion Services
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
1/26/20054:46 PM
Approved By
Lisa Taylor
Transportion Services
Management/Budget Analyst
Date
Transportation Administration
1/26/20054:52 PM
Approved By
Eugene Calvert
Transportations Services
Principal Project Manager
Transportation Engineering and
Construction Management
Date
1/26/20054:53 PM
Approved By
Norm E. Feder, AICP
Transportion Services
Transportation Division Administrator
Date
Transportation Services Admin.
1/27/20058:38 AM
Approved By
Agenda Item No. 16K6
February 8, 2005
Page 3 of 10
David C. Weigel County Attorney Date
County Attorney County Attorney Office 1/28/200511:18 AM
Approved By
OMB Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 1/28/20051:01 PM
Approved By
Susan Usher Senior ManagemenUBudget Analyst Date
County Manager's Office Office of Management & Budget 1/31/200510:41 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 1/31/200511 :25 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 1/31/200512:01 PM
Agenda Item No. 16K6
February 8, 2005
Page 4 of 10
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida
Case No.: 04-3833-CA
Petitioner
vs.
Parcel Nos.: 143A & 143B
THE COURTYARDS AT QUAIL WOODS
CONDOMINTUM ASSOCIATION, INC., et al.
Respondents
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by
and through its undersigned counsel, and Respondent, THE COURTYARDS AT QUAIL
WOODS CONDOMINIUM ASSOCIATION, INC., for entry of a Stipulated Final Judgment as
to Parcel Nos. 143A and 143B, and it appearing to the Court that the parties are authorized to ,
make such Motion, the Court finding that the compensation to be paid by Petitioner is the full
compensation due to the Respondent, THE COURTYARDS AT QUAIL WOODS
CONDOMINIUM ASSOCIATION, INC., and the Court .being otherwise fully advised in the
premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, THE COURTYARDS AT QUAIL
WOODS CONDOMINIUM ASSOCIATION, INC., have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Seventy-three Thousand Five Hundred and
No/tOO Dollars ($73,500.00) for Parcel Nos. 143A and 143B as full payment for the property
interests taken and for damages resulting to the remainder, if less than the entire property was
taken, business damages, and for all other damages in connection with said parcel; it is further
Agenda Item No. 16K6
February 8, 2005
Page 5 of 10
ORDERED that Petitioner shaH deposit an additional Three Thousand Two Hundred
and No/tOO Dollars ($3,200.00) subject to approval of the Board of County Commissioners
within thirty (30) days of the date of this Stipulated Final Judgment; it is further
ORDERED that no costs shall be awarded in connection with the above-cause of action
as it relates to Parcel Nos. 143A and 143B; it is further
ORDERED that the disbursement of the sum of Seventy-three Thousand Five Hundred
and No/tOO Dollars ($73,500.00) shall be by further order of this Court; it is further
ORDERED that title to Parcel Nos. 143A and l43B is fee simple, being fully described
in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to
the Stipulated Order of Taking dated December 9, 2004, and the deposit of money heretofore
made, are approved, ratified, and confinned; it is further
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book 3261, Page 106 of the Public Records of Collier County, Florida be
dismissed as to Parcel Nos. 143A and 143B; and it is further
. i
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records
of Collier County, Florida; it is therefore
DONE AND ORDERED' in Chambers at the Collier County Courthouse at Naples,
ColIier County, Florida on this _ day of
.2005.
DANIEL MONACO
CIRCUIT COURT JUDGE
Conformed Copies:
Heidi F. Ashton, Esq.
Service List
Bookkeeping
2
Agenda Item No. 16K6
February 8, 2005
Page6of10
JOINT MOTION ON STIPULATED ORDER OF TAKING
Petitioner, COLLIER COUNTY, together with Respondent, THE COURTYARDS AT
QUAIL WOODS CONDOMINIUM ASSOCIATION, INC., hereby respectfully move for entry
of the foregoing Stipulated Order of Taking as to Parcels 143A and 143B.
Dated this _ day of
.2005.
Dated this _ day of
.2005.
THE COURTYARDS AT QUAIL WOODS
CONDOMJNIUM ASSOCIATION, INC.
BY:
Print Name:
HEIDI F. ASHTON, ESQUIRE
Florida Bar No. 00966770
COUNTY A ITORNEY' S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
Print Title:
THE COURTYARDS AT QUAIL WOODS
CONDOMJNIUM ASSOCIATION, INC.
Clo Glenn Carrell, Registered Agent
R & P Property Management
265 Airport Road
Naples, FL 34104
3
Agenda Item No. 16K6
February 8, 2005
Page 7 of 10
HM
HOLE MoNTEs
ENstms . Pt.AHleS . ÐI'Æ1IJRS
95C Ene." w.Y' Nl¡Jl8I. RII1III34110' PhoI1l: 941.254.20110· Fax:S41.254.2D99
PERPE11.JAL. NON-EXCLUSIVE
ROAD RIGHT ~-V1AY. DRAINAGE
AND lmUTY EASEMENT
EM PROJECT InOD0067
7/lj13
REF. DWG. #B·3720·1
PARCEL ÑO. 143;A
LEGAL DESCRlPTION
A PORTION OF"rRACT "B" OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBUC RECOlIDS OF COu.æR COUNTy,
FLORIDA, BEING MORE PARTICOLARL Y DESCRIBED AS FOLLOWS;
1!E!Jlli AT THE NOR'rHWEST CORNER OP TRACT ''aU OF QUAIL WOODS COURTYARDS ACCORDING TO
THE PLAT THEREOFRBCORDBD INPUT BOOK 27 AT PAGES 28 AND 29 OF THE PUBUC RECORDS OF
COUlER COUNTY, R.ORIDA; TIfENCERUN N.89·15'Il"E" ALONG THE NORTHERL Y BOUNDARY OF SAID
TRACT ''B'', FOR A DISTANCE OF 20j7PEE'r; THENCE RUN S.39°1S'Ol''W. FOR A DISTANCE OF 30.97 FEET
TO A POINT ONTRE WEsTERLy BOUNDARY OF SAID TRACT "B"; THHNCEIWN N.DI·S2'l7"W.. ALONG
THE WESTERLy BOUNDARY OF SAID TRACT "l!", FOR A DISTANCE OF 23.73 FEET TO THE POINT OF
BEGINNING; CONTAINING 241.7 SQUARE FEET. MORE OR LESS.
TH!SPROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRlCI10NS OF RECORD.
BEARINGS REFER. TO THE NORTHERLY BOUNDARY OF TRACT~" OF QUAil. WOODS COURTY AR.DS
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAr BOOK 27 AT PAGES 28 AND 29 OF THE PUBUC
RECORDS OF COLLŒR. COUNrY, FLORIDA. AS BEING N.89·1~'1l"E.
HOLE MONTES, INC.
CERTIF1CATIO/,/ OF AUTHORIZATION LB #1772
BY i~o~s~
1'.S.M. 115528
STATE OF FLORlDA
...;1...
FOLIO NO. (,,>:q~(,,""9ln;¡1 t2EP'
~~!...
4
Agenda Item No. 16K6
February 8, 2005
Page 8 of 10
,... QR.A.PIDC SCAlJ!:
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8
----------------- ~---------------------------------------
il : I IMMOKALEE ROAD R-O-W VARIES
8.,1 I: (PLAT oE'","'EJ> ",S "me,. "'¡¡'CT TO COWER CCUNIT)
U ~ I [~ QUAIL 100DS COUR'I'YARDS
"I f;! P.B ?:t, PGS 2B-i!9
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f I i I .. -. ,!'£~ ...."'_. uo« 1
~<r ~II-- ~~~::'KL' ::""'~--------
UNE TABLE u .:>
L~E N OIR~C~~~ DISTANCE I TRACT A TRACT B .
l2 S 3S1S'0'" W . 7' i QUAJl 'ilOODS COURTYARDS \-'w ~ Qum WOODS COURTYARDS 0
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SKETCH TO ACCOt.4PANY
A LEGAL DESCRIPTION
,.....,
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Agenda Item No. 16K6
February 8, 2005
Page 9 of 1 0
HM
HOLE MONTes
ENGIf£p¡¡. f'.NI6!S . &MYCRS
950 Encln Way' Naå8I. Florida 34110' PhIn: 23S.25I..20( . Fox: 23!t254.2Ð!11/
PERPETUAl.. NON-EXCLUSIVE
ROAD RIGHT -OF0W4.y, DRAINAGE
AND UT1U1Y eASEMENT
HM PROJECT #2000067
7f1613
REF, DWG. ftB-3719-1
PARCEL NO. J43-8
LEGALDESCRlPTION
A PORTION OF TRACT "B" OF QUAJL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBliC RECORDS OF co~ COUNTY,
FLORIDA, BEINa MORE PARTICULARL Y DESCRIBED AS FOU.OWS; ,
BEGIN AT nœ NORTHEAST CORNER. OF TRACT "B" OF QUAIL WOODS COURrr ARDS ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK '].1 AT PAGES 2& AND 29 OF THE PUBUC RECORDS OF
COUJER COUNTy, FLORIDA: THENCE RUN 5.01°57' II "E., ALONG THE EASTERLY BOUNDARY OF SAID
TRACT "B". FOR A DISTANCE OF 28.83 FEET; THENCE RUN N.50"44'S9"W. FOR A DISTANCE OF 26.18 FEET;
THENCE RUN S.89°1S'U"W. FOR A DISTANCE OF 118.57 FEET: THENCE RUN N.DO"44'S3"W. FOR A
DISTANCE OF 2.00 FEET; THENCE RUN S.89'IS'll·'W', FOR A DISTANCE OF 128.44 FEET; TIŒNCE RUN
N.OO"44'49'W. FOR A DISTANCE OF 10.00 FEET TO AP01N1' ON TIm NORTHERLY BOUNDARY OF SAID
TRACT "B"; THENCERVNN.89'IS'!1''E.. ALONG THE NORTHERLY BOUNDARY OFSAIDTRACT''B'', FOR A
DISTANCE OF 266.46 FEET TO TIlE POtNT OF BEGINNING; CONTAINING 3107.9 SQUARE FEET. MORE OR
LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS. RESERVATIONS OR"ÍœsTIUcnONS OF RECORD.
BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT ''E'' OF QUAIL WOODS COURTY ARDS
ACCORDING TO THE PLAT THEREOF RECORDED [N PLAT BOOK 27 AT PAGES 28 A."ID 29 OF THE PUBLIC
RECORDS OF COlLIER. COUNTY. FLORIDA, AS BEING N.89"lS·11 "E.
HOLE MONTES, INC.
CERTIFICATION OF AUTHORIZATION LB #1772
BY ¿~~Æ'~~ ~~~~~~ORIDA
FOLIO NO. ¡"8'1<.;j(,":;i\(O;;¡ I {2ëF.
"':\!0tJC'\2~l..Oqc ~I"" .IJ~
6
Agenda Item No. 16K6
February 8. 2005
Page 10 of 10
I~
J
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GRAPHIC SCALE
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PB 27, PGS 28-2~ ~-:.: \
_ _ _ _ _ _ _ J _ ~ N 89'5'11" E
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LEGEND
poe POINT OF SEClHNINt;
569'5"'" W 128.44' C
~
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QUAIL WOODS COURTYARDS
F.E. 27, PGS 28-29
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Agenda Item No. 16K7
February 8,2005
Page 1 of 8 -
--
EXECUTfVES~Y
Recommendation to approve a Stipulated Final Judgment as to Parcel 200
relative to the simple fee acquisition in the lawsuit styled Collier County v.
Jeffrey A. Richardson, et aL, Case No. 02-2188-CA (Immokalee Road Project
#60018).
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final'
Judgment for payment of full compensation for the taking of Parcel 200 relative to the simple fee .~ -
acquisition in the lawsuit styled Collier County v. Jeffrey A. Richardson, et al., Case No. 02- -
2188-CA (Immokalee Road Project 60018).
CONSIDERATIONS: The County acquired the subject property by depositing the swn of
$61,700 on September 12,2002. The County's last written offer was $74,800. The County and
Respondents have negotiated the following settlement of $77,469.17 for full compensation.
Attorney's fees and appraisal fees remain outstanding.
If the settlement is approved the County is responsible for the following costs:
--.~;¡,- -
......;;...
--
. Additional DepositJDisbursement Amount:
. Planning Expert Fees:
TOTAL:
$15,769.17
$87.50
$15,856.67
Attached is the proposed Stipulated Final Judgment.
. .
FISCAL IMPACT: Funds in the amount of $15,856.67 are available in- the FY 2005 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That th~ Board of County Commissioners:
1. Approve the Stipulated Final Judgment as to Parcel 200;
2. Approve the-expenditure offunds as stated; and
3. Direct stafftó pay the swn of$15,856.67 to the Roetzel & Andress Trust Account
for proper 'disbursement.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
,.......
1
Agenda Item No. 16K7
February 8, 2005
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K7
Meeting Date
Recommendation to approve a Stipulated Final Judgment as to Parcel 200 relative to the
simple fee acquisition in the lawsuit styled Collier County v. Jeffrey A. Richardson, et aI.,
Case No. 02-2188-CA (Immokalee Road Project #60018).
2/8/20059:0000 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
1/26/20053:30 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
Transportion Services
1/26/20054:47 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportion Services
Transportation Administration
1/26/20054:54 PM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
1/26/20054:58 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportlon Services
Transportation Services Admin.
1/27/2005 8:39 AM
Approved By
Ellen T. Chadwell
Assistant County Attorney.
Date
County Attorney
County Attorney Office
1/27/20059:05 AM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
1/28/200511 :20 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28/20051:03 PM
Approved By
--
-..---
Agenda Item No. 16K7
February 8, 2005
Page 3 of 8
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 1/31/200512:13 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 1/31/20051:28 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Òffíce 1/31/20051:30 PM
Commissioners
Agenda Item No. 16K7
February 8, 2005
Page 4 of 8
-,-
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CML ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 02-2118-CA
v.
Parcel No. 200
JEFFREY A. RICHARDSON, et aI,
Respondents.
/
STIPULATED FINAL JUDGMENT
TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner, by
and through its undersigned counsel, and Respondents, JIMMIE L. ROGERS and BETTY L.
ROGERS, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as
to Parcel No. 200, and it appearing to the Court that the parties are authorized to make such
Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation
due the Respondents, JIMMIE L. ROGERS and BETTY L. ROGERS, and the Court being
otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, JIMMIE L. ROGERS and BETTY L.
ROGERS, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of
Seventy Seven Thousand Four Hundred Sixty-Nine and 17/100 (577,469.17) for Parcel 200
as full payment for the property interests taken and for damages resulting to the remainder, if less
than the entire property was taken, business damages, and for all other damages in connection
with said parcel; it is further
1
Agenda Item No, 16K7
February 8, 2005
Page 5 of 8
ORDERED that Petitioner will be entitled to a credit fur the good faith estimate of value
previously deposited in the amount ofS61,700.00; it is further
ORDERED that Respondents, JIMMIE L. ROGERS and BETTY L. ROGERS, receive
trom Petitioner, COLLIER COUNTY, FLORIDA, planning fees in the sum of Eighty Seven
and 50/100 Dollars ($87.50); it is further
ORDERED that the Court reserves jurisdiction to award appraisal fees as to Parcel No.
200; it is further
ORDERED that Petitioner, COLLIER COUNTY, shall pay Respondents, JIMMIE L.
ROGERS and BETTY L. ROGERS, the total amount of Fifteen Thousand Eight Hundred
Fifty-Six 67/100 Dollars ($15,856.67) made payable to ROETZEL & ANDRESS TRUST
ACCOUNT, C/o Kenneth A. Jones, Esq., Roetzel & Andress, 2320 First Street, Ste. 1000, Ft.
Myers, FL 33901-3419 for proper disbursement in accordance with this order; it is further
ORDERED that title to Parcel No. 200, a fee simple easement, being fully described in
Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER
COUNTY, FLORIDA, pursuant to the Order of Taking dated August 27, 2002, and the deposit
of money heretofore made, is approved, ratified, and confinned; it is further
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book 3406, Page 0304 of the Public Records of Collier County, Florida be
dismissed as to Parcel No. 200; it is further
ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse
the interest earned on the funds on deposit to Collier County Board of County Commissioners,
c/o Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney, 3301 East
2
Agenda Item No. 16K7
February 8, 2005
Page 6 of 8
Tarniami Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in
accordance with Section 28.33, F.S.; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of
. 2005.
DANIEL R. MONACO
CIRCUIT COURT JUDGE
Conformed copies to:
Ellen T. Chadwell, Esq.
Kenneth A. Jones, Esq.
E. Glenn Tucker, Esq.
Bookkeeping
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Joint Motion for Stipulated Final Judgment as to Parcel 200.
Dated:
Dated:
KENNETH A. JONES, ESQUIRE
Florida BarNo. 200158
ROETZEL & ANDRESS
2320 1 st Street, Suite 1000
Fort Myers, FL 33901-2904
239/ 338-4206
239/337-0970
ATTORNEY FOR RESPONDENTS
JIMMIE L. ROGERS AND BETTY L.
ROGERS
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
COUNTY ATTORNEY'S OFFICE
Hannon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
239/774-8400 - Telephone
239/ 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
COLLIER COUNTY
3
Agenda Item No. 16K7
February 8, 2005
Page 7 of 8
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Stipulated Final Judgment
has been furnished via U.S. Mail to the parties listed below on this _day of January, 2005.
ELLEN T. CHADWELL, ESQUIRE
Jimmie L. Rogers and Betty L. Rogers
c/o Kenneth A. Jones, Esquire
Roetzel & Andres
2320 First Street, Suite 1000
Fort Myers, FL 33901-3419
Collier County Tax Collector
c/o E. Glenn Tucker, Esq.
RHODES, TUCKER & GARRETSON
P. O. Box 887
Marco Island, Florida 34146
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Description:
Tract 110 of Golden Gate . Estates Unit 36, as
. rscorded In Plat Book 7, Page' 87 of the' Public
Records' of ColliIII' County. F1otida. Containing 3.740
a<:rès, more or lesa.
1. This Is' not 0 survey.
2. Basis of bearing Is plat.
J. Subject to easements. reserwtrons and restrictions of
record.
-4-. All dimensions are plat unless otherwise noted.
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AS NOW
DAn:
10/01
loff! '1
Agenda Item No. 16K7
February 8. 2005
Page 8 of 8
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Agenda Item No. 16K8
February 8, 2005
Page 1 of 3
.--
Executive SummarY
Recommendation that the Board of County Commissioners Authorize the
County Attorney's Office to Make a Business Damage Offer to Settle a Claim
for Business Damages by B. F. Ft. Myers, Inc. d/b/a Wendy's Old Fashioned
Hamburgers Restaurants Associated with the Acquisition of Parcel 134 in the
Lawsuit Styled CoUier County v. First National Bank of Naples., et aL, Case
No. 04-3587-CA (Immokalee Road Project #66042).
OBJECTIVE: Authorize the County Attorney's Office to make a business damage offer to settle a
. claim for business damages associated with the acquisition of Parcel 134 in the lawsuit styled
Collier County v. First National Bank of Naples., et al., Case No. 04-3587-CA.
CONSIDERATIONS: On December 30, 2004, the County acquired a 15 foot strip of property
along Immokalee Road.
,-.
On October 18, 2004, Collier County received a business damage claim in the amount of
$299,416.00 from Respondent, B. F. Ft. Myers, Inc., in connection with Parcel 134. The claim is
based on their claim that the building structure would need to be moved if the property is
remodeled. By Statute, the County has a limited time to respond to this claim. County staff
recommends a business damage offer of zero. If the property owner is awarded a business
damage, then the County will be required to pay an attorney's fee based on the benefit equaling the
difference between the offer of zero and business damage award. If no offer is made and a
business damage is awarded, then the County will be required to pay an hourly attorney's fee for the
time spent on the business damage claim.
. Amount of Business Damage Claim:
. Proposed Offer from the County:
$299,416.00
$0.00
FISCAL IMPACT: None at this time.
,GROWTH MANAGEMENT IMP ACT: Consistent with Collier County Growth Management
Plan.
RECOMMENDATION: That the Board of County Commissioners authorize the County
Attorney's Office to make a business damage offer of zero.
PREPARED BY:
Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney
~
Agenda Item No. 16KB
February 8, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K8
Recommendation that the Board of County Commissioners Authorize the County Attorney's
Office to Make a Business Damage Offer to Settle a Claim for Business Damages by B. F. Ft.
Myers, Inc. d/b/a Wendy's Old Fashioned Hamburgers Restaurants Associated with the
Acquisition of Parcel 134 in the Lawsuit Styled Collier County v. First National Bank of
Naples., et aI., Case No. 04-3587-CA (Immokalee Road Project #66042).
2/8/2005 9:00:00 AM
Meeting Date
Prepared By
Date
Heidi F. Ashton
Assistant County Attorney
1/26/2005 11 :39:44 AM
County Attorney
County Attorney Office
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
1/26/20054:15 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
Transportion Services
1/26/20054:49 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportion Services
Transportation Administration
1/26/20054:53 PM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
1/26/2005 6:05 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
1/27/20058:41 AM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
1/28/200511 :22 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28/20051:08 PM
~---~.~.,.,_._....,._-,.,-
Agenda Item No. 16K8
February 8, 2005
Page 3 of 3
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/311200512:46 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1/31/200512:56 PM
Agenda Item No. 16K9
February 8. 2005
Page 1 of 8
/--
EXECUTfVES~Y
Recommendation to approve a Stipulated Final Judgment as to Parcel 169 in
the lawsuit styled Collier County v. Ismael Gonzales, et al., Case No. 02-2159-
CA (lmmokalee Rd. Project 60018).
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final
Judgment for payment of full compensation for the taking of Parcel 169 in the lawsuit styled
Collier County v. Ismael Gonzales., et al., Case No. 02-2159-CA (Immokalee Rd. Project
60018).
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$12,000.00 on September 12, 2002. The County's last written offer was $13,600.00. The
County and Respondents have negotiated a settlement of $21,200.00 for full compensation.
If the settlement is approved, the County is responsible for the following costs:
,,-.
· Additional DepositlDisbursement Amount:
· Appraiser Fees:
· Planning Fees:
· Attorney's Fees:
TOTAL:
$9,200.00
$2,500.00
$1,200.00
$2.508.00
$15,408.00
Attached is the proposed Stipulated Final Judgment. Other than stated above, there are no other
costs associated with this matter.
FISCAL IMPACT: Funds in the amount of $15,408.00 are available in the FY 2005 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Stipulated Final Judgment as to Parcel 169;
2. Approve the expenditure of funds as stated; and
3. Direct staff to pay the sum of$15,408.00 pursuant to the Stipulated Final Judgment.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
,,-.
1
''''''.-'''''.....--,.-«..-- , ,- ....~.,._.~
Agenda Item No. 16K9
February 8,2005
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
. .
16K9
Recommendation that the Board of County Commissioners approve the Stipulated Final
Judgment for payment of full compensation for the taking of Parcel 169 in the lawsuit styled
Collier County v. Ismael Gonzales., et aI., Case No. 02-2159-CA (Immokalee Rd. Project
60018)
2/8/20059:0000 AM
Item Number
Item Summary
Approved By .
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
1126/2005 11 :40 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
1/26120053:32 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
Transportion Services
1/26120054:50 PM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
1/26/20054;55 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportion Services
Transportation Administration
1/26120054:55 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
1/27/20058:44 AM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
1/28/200511:23 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1/28120051:10 PM
,-
Approved By
. -~~.,..~---_..,,"~~
Agenda Item No. 16K9
February 8, 2005
Page 3 of 8
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/28/20054:40 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1/31/20058:42 AM
Agenda Item No. 16K9
February 8, 2005
Page 4 of 8
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CML ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 02-2159-CA
Petitioner,
Parcel No.: 169
vs.
ISMAEL GONZALES, et aI.,
Respondents.
I
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
LORENZO DIAZ, INDIVIDUALLY AND AS TRUSTEE, and CECILIA DIAZ,
INDIVIDUALLY AND AS TRUSTEE, by and through their undersigned counsel, for entry of a
~,.,
Stipulated Final Judgment as to Parcel 169, and it appearing to the Court that the parties are
authorized to make such motion, the Court finding that the compensation to be paid by Petitioner,
COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, LORENZO DIAZ,
INDIVIDUALLY AND AS TRUSTEE, and CECILIA DIAZ, INDIVIDUALLY AND AS
TRUSTEE, and the Court being otherwise fully advised in the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondents, LORENZO DIAZ, INDIVIDUALLY
AND AS TRUSTEE, and CECILIA DIAZ, INDIVIDUALLY AND AS TRUSTEE, have and
recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty-One Thousand
Two Hundred Dollars and No/tOO ($21,200.00) for Parcel 169 as full payment for the property
Agenda Item No. 16K9
February 8, 2005
Page 5 of 8
interests taken and for damages resulting to the remainder, if less than the entire property was tåk:en,
business damages, and for all other damages in connection with said parcel; it is further
ORDERED that Respondents, LORENZO DIAZ, INDMDUALL Y AND AS TRUSTEE,
and CECILIA DIAZ, INDNIDUALL Y AND AS TRUSTEE, receive from Petitioner, COLLIER
COUNTY, FLORIDA, as a statutory attorney's fee the sum Two Thousand Five Hundred Eight
Dollars and No/tOO ($2508.00), pursuant to Section 73.092, F.S.; it is further
ORDERED that Respondents, WRENZO DIAZ, INDIVIDUALLY AND AS
TRUSTEE, and CECILIA DIAZ, INDIVIDUALLY AND AS TRUSTEE, receive from Petitioner,
COLLIER COUNlY, FLORIDA, the sum of Twelve Hundred Dollars and 00/100 ($1200.00) for
planning fees; it is further
ORDERED that Respondents, WRENZO DIAZ, INDIVIDUALLY AND AS
TRUSTEE, and CECILIA DIAZ, INDIVIDUALLY AND AS TRUSTEE, receive from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Twenty-Five Hundred Dollars and 00/100
($2500.00) for appraisal fees; it is further
ORDERED that no additional costs or fees shall be awarded in this action; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the
amount of Twelve Thousand Dollars and No/tOO ($12,000.00) into the registry of the Clerk of the
Circuit Court toward the acquisition of Parcel 169 at which time title to said parcel as descnl>ed in
Exhibit "A" vested in the name of Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total
amount of Twelve Thousand Nine Hundred Dollars and No/tOO ($12,900.00) to the ROETZEL
& ANDRESS TRUST ACCOUNT c/o Kenneth A. Jones, Esquire, 2320 First Street, Suite 1000,
Fort Myers, FL 33901 for the balance of full compensation and for planning fees and appraisal fees
· Agenda Item No. 16K9
February 8,2005
Page 6 of 8
due to Respondents LORENZO DIAZ, INDIVIDUALLY AND AS TRUSTEE, and CECILIA
DIAZ, INDIVIDUALLY AND AS TRUSTEE; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total
amount of Two Thousand Five Hundred Eight Dollars and No/tOO ($2508.00) to KENNETH A.
JONES, ESQUIRE, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901 for
statutory attorney's fees; it is further
ORDERED that title to Parcel 169, a Fee Simple Interest, being fully described in Exhibit
"An attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY,
FLORIDA, pursuant to the Order of Taking dated August 27, 2003, and the deposit of money
heretofore made, is approved, ratified, and confirmed; it is further
ORDERED that this Court reserves jurisdiction to award attorney's fees and costs for
supplemental proceeds, if any; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 3047, Page 503, et seq., of the Public Records of Comer County, Florida be dismissed
as to Parcel 169; it is further
ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the
interest earned on the funds on deposit as to Parcel 169 to Collier County Board of County
Commissioners, c/o Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney,
3301 East Tamiami Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to
10% in accordance with Section 28.33, F.S.; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
Agenda Item No. 16K9
February 8, 2005
Page 7 of 8
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this ~ day of
,2005.
CIRCUIT COURT JUDGE
Confonned Copies:
Heidi F. Ashton, Esquire
Kenneth A. Jones, Esquire
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition MgrlTransp.
Bookkeeping
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel 169.
Dated:
Dated:
KENNETH A. JONES, ESQUIRE
Florida BarNo.: 0200158
ROETZEL & ANDRESS
2320 First Street, Suite 1000
Fort Myers, FL 33901
(239) 337-3850 - Telephone
(239) 337-0970 - Facsimile
ATTORNEY FOR RESPONDENTS
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 966770
COLLIER COUNTY ATTORNEY'S OFFICE
Hannon Turner Building
3301 East Tamiami Trail
Naples, FL 341 12
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
Agenda Item No, 16K9
February 8, 2005
Page 8 of 8
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Agenda Item No, 17 A
February 8, 2005
Page 1 of 5
,...-,
EXECUTIVESU~Y
SE-04-AR-6830, an Ordinance amending Ordinance 04-69, the Teraf"ma Planned Unit
Development (PUD) to correct a scrivener's error resulting from the inclusion of an incorrect
zoning map number in the title of the transmittal copy of the adopted Ordinance sent to the State
Department of Community Affairs for the property located approximately one mile north of
Immokalee Road (CR 846) in Section 16, Township 48 South, Range 16 East, Collier County,
Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) correct a scrivener's error resulting from the
inclusion of an incorrect zoning map number in Ordinance 04-69.
CONSIDERATIONS:
The Board of County Commissioners on October 26, 2004, approved Ordinance Number 04-69. This
action amended Ordinance 04-15 of the Terafina PUD. The Department of Zoning & Land
Development Review staff subsequently discovered that an incorrect official zoning map number was
/- included in the transmittal copy of the adopted Ordinance sent to the State Department of Community
Affairs. The correct zoning atlas map number is 8616S. Staffhas been directed to prepare a scrivener's
error amendment as described above.
FISCAL IMPACT:
It should be noted that this scrivener's error is only to include the official zoning atlas map mnnber in
the title of Ordinance 04-69 that was approved by the BCC. Therefore, this change by and of itself will
have no fiscal impact on the County. The fiscal impact for this development was detennined at the
time the property was originally rezoned to PUD. In addition, the County collects impact fees prior to
the issuance of building permits to help offset the impact of each new development on public facilities.
These impact fees are used to fund projects in the Capital Improvement Element needed to maintain
adopted Level of Service (LOS) standards for public facilities. In the event that impact fee collections
are inadequate to maintain adopted levels of service, the County must provide supplemental funds
from other revenue sources in order to build needed facilities.
GROWTH MANAGEMENT IMPACT:
This petition was reviewed for consistency and was found to be consistent with all the applicable
provisions of the Growth Management Plan (GMP). Development permitted by the approval of this
petition will be subject to a concurrency review under the provisions of Section 10.02.07 of the Collier
County Land Development Code.
.---
SE-04-AR-6830
1
Agenda Item No. 17 A
February 8, 2005
Page 2 of 5
LEGAL CONSIDERATIONS:
This petition was reviewed for consistency with all the applicable provisions of the GMP and it has
been detennined the subject scrivener's error petition will not change the previous findings of
approval. Development permitted by the approval of this project will be subject to a concurrency
review under the provisions of Section 10.02.07 of the Collier County Land Development Code.
STAFF RECOMMENDATION:
That the Board of County Commissioners (BCC) approve the scrivener's error correction to Ordinance
Number 04-69.
PREPARED BY:
Raymond V. Bellows, Zoning Manager
Department of Zoning & Land Development Review
.-....,
...~._..
SE-04-AR-6830
2
ttem Number
ItBm Summary
Meeting Date
Agønda Item No. 17 A
Feb'Llary 8. 2005
Page- :1 of 5
COLLIER COUNTY
BOARD OF COUN·1V COMMISSIONERS
17A
SE-04.A.R.6830, an Ordinance nmendinn Ordlnance 04·69. thft Temflnn Plann~r.t Unrt
Dfrve!opmenl (F'UO) to correct 8 $r,riVf'!ner'5 f':fr~r resulting from the !nclllsion of an incorrflcl
;wniflQ ITW(J "umbcl' In the hUe 01 the trunsn'Þt\al CUPìI 01 the adQD1ecJ Ordinance sent to ltl~
St!lte DF.!pnnment. of CnrnlTlunlly Affair!. ff f the pfoperty lor.atOO ar,proximntr;ly Ql1e mile: north
of !rnmr)k_alefl ROi'ld (CR 845, In SectiQI! 16, T~'WflShip 48 South; Range 26 Ea5l" Collier
CrJunty, F)orida.
2/812005 g'OO'OO AM
Prepared By
Chi<tf PI..nner
1n4/2:005 ":04:38 PM
R.y B~!lOW8
Comrnufl1ty O¡~""l!!loprlHmt &
Environmenlal SlIIrvicrI'
D,'"
Zt;tnjng./l, l.al'ld O(!V¢IOpnlent Rr.vit':w
ehir.f Pl.illn"flr
D..te
Approved By
Ray Bellow ¡
Co",mul~ity Devejoprnent &.
Envirol'lrnat1bI5IH\lJc;NI
2c)fttllO & Lafld t)evl!lu >fnenl R~!\iIßW
11:./4l20D5 4:[}4 ~'M
f:x(':r.utille Sf!C';r¢tary
Oal(\
Approved By
Silr1dra L~.}
CßtTlrnunJ'Y O~....lupnl =rn &
Erwlrl,"lnr:1'f!-nhll S~r...i!;tI$
CUnlmUIlI~\" OIitIlEt!Q'JI,,~r't"
E"viron"u!ntnl Sr.r·~kl~1í Admin
1124/20054;46 PM
Ccmdafl<:e A. JolmtJcul
OþlHatipl'ls Analy~!
Ouilt
Approved By
GomtTlI.lnlty D!\'veloprYll!rl'<t &.
1:;ll'JlrOlllrmllt¡t1 Sl~rvj(:eil
CO",IYJU!~¡1Y Dcv!!:lopl'Ilo(:nt &
e"vln)l\me:ltl:J! Snlvices Adrtlil'<,
1/15;~OG5 H:<1B AM
Approved By
Suun Murray, A!Ct-'
CQl111'''1unity Oevl!lopmenl &
En"lfonmerlt,¡¡1 S(:rvIÇ<ts:
l.( 1!ng & Land De....l!ll)ptJ'lltnt {)¡tflc!ar
Dah!
ZClI1inç¡ & L311d De....olopmet1t Rltvi.w
1/25120051);06 AM
Jotll!!ph K. Schmitt
Oate
Approved By
GDn,mun1ty Davelo;'lmnnt &
Ellv~rul1lnUl!tal Sttrvl(;~!:tl
Community DeveJ(I }lnent &
En"lronnIÐl1tõl Sll!l\1ir.f~$ A~ mjl1s 'n~t>r
CðmlYlunity Dt'!'\lСcpm~mt &.
t:lI"dronmcnlaJ Sluvl(.'¢.'I Admin.
1I1S/4!OO511:41 AM
OM8 COordHHltl)1
Adm~flißtr; I¡\Ie A.nuut",,,1
Dellt!
Approved By
County Mllnagm', OfficI!!
artier. of M~nagamd'!11 & Blldnr!t
1/75/2005 11.:50 PM
MarklucklCon
8udgl!1 An31yut
DÆlte
Approved By
County Marlôlg~r'.'I; ONÍ(:1!!
Offic:~ af MlInagltlmt!r.t & Budge
1126'2005 9:23 AM
Mi~h"!l1 nmyk )wl~kl
M¡¡fH:tÇ!~nw.nll!. ßudgtt.1 Dirm'IOf
D.ilte
Approved By
County Manager'ø !.'Hfio:;c
01fi';e of M¡'HI"\J~lnet\t & Budget
1128/200511:0'7 M.1
Approved By
J;!IYU!:II. V, Mudd
Bmnd of Cnul,ty
Commil'i"ioncrll
County M,¡¡r¡,¡¡ger
D,te
COI)01y Manlll9I1'r'1i amclI
112811.rW5ð:41 PM
-
--
ORDINANCE NO. 05-
AN ORDINANCE AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, BY PROVIDING FOR A
SCRIVENER'S ERROR AMENDMENT TO CORRECT
ORDINANCE NUMBER 2004-69, SCRIVENER'S ERROR
AMENDMENT FOR THE TERAFINA PLANNED UNIT
DEVELOPMENT (PUD) AND BY PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 2004-69, on
October 26, 2004, and;
WHEREAS, following said action adopting Ordinance No. 200+69, planning staff discovered
that a zoning atlas map was incorrectly referenced and the reference to the land development code
was incorrectly changed both of which constitute a scrivener's error.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: SCRIVENER'S ERROR AMENDMENT
A. The Title of Ordinance Number 2004-69, scrivener's error amendment to the Terafina
PUD, is hereby amended to read as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 2l:J..Q1,
~ THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE THE
OFFICIAL ZONING ATLAS MAPS NUMBERED 8616N AND
~, 8616S, AND BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS TERAFINA PUD, FOR
PROPERTY LOCATED APPROXIMATELY ONE MILE NORTH
OF IMMOKALEE ROAD (CR 846), EAST OF THE QUAil..
CREEK SUBDIVISION AND NORTH OF THE OLD CYPRESS
PUD, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 637 ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER
01-71, THE FORMER TERAFINA PUD; AND BY PROVIDING
AN EFFECTIVE DATE.
B. The text of Ordinance Number 04-15, the Terafina PUD, is hereby amended
to read as follows:
The zoning classification of the herein described real property located in
Section 16, Township 48 South, Range 26 East, Collier County,
Florida, is changed from "PUDlO to "PUD" Planned Unit Development
in accordance with the PUD Document, attached hereto as Exhibit "A",
Words swelt thre¡¡gh are deleted; words underlined are added.
Page 1 of 2
Agenda Item No. 17 A
February 8, 2005
Page 4 of 5
-----
Agenda Item No. 17 A
February 8, 2005
Page 5 of 5
which is incorporated herein and by reference made part hereof. The
Official Zoning Atlas Map numbered 8616N and ~, W.§ as
described in Ordinance Number 91-102, the Collier County Land
Development Code, are hereby amended accordingly.
SECTION TWO: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this
day of
,2005.
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE ,CHAIRMAN
Approved as to Fonn and
Legal Sufficiency:
lY\~.ú,1'}, . {Jtwú,,J:.
Matjo M. Student
Assistant County Attorney
S E.2004-AR-68301RB/,p
Words Eltruel. thre\¡g :¡ are deleted; words underlined are added.
Page 2 of 2
---~
Agenda Item No, 178
February 8, 2005
Page 1 of 43
-,
EXECUTIVESU~Y
RZ-2004-AR-6209 Collier County Board of County Commissioners, represented by Dwight
Nadeau ofRWA, Inc. and Dalas Disney, of Disney and Associates, requesting a rezone from
the Estates (E) zoning district to the Public use (P) zoning district to expand upon the
current use of repair and storage of vehicles belonging to the Collier County Board of
County Commissioners, and relocate similar facilities for the Collier County Sherift"s
Office and Emergency Medical Services on-site. The property, consisting of 9.96 acres, is
located at 2901 County Barn Road, Section 8, Township 50 South, Range 26 East, Collier
County, Florida.
OBJECTIVE:
Staff is requesting that the Board review staff's findings and recommendations along with the
recommendations of the Collier County Planning Commission (CCPC) regarding the above
referenced Planned Unit Development (PUD) rezone petition and render a decision regarding the
petition.
CONSIDERATIONS:
~
The petitioner is requesting a rezone from the Estates (E) zoning district to the Public Use (P)
zoning district to expand upon the current use of repair and storage of vehicles belonging to the
Collier County Board of County Commissioners. This expansion will include the relocation of
similar facilities for the Collier County Sheriffs Office and Emergency Medical Services on-site.
The Estates Zoning District is designed to provide land for low-density residential development
in a semi-rural to rural environment. The existing facility is a legal non-conforming use within
the Estates Zoning District. The current use of the property is allowed within the Estates
Zoning District as a conditional use, but due to the age of the facility, a conditional use
specifically authorizing the facility has never been obtained. The existing 280-foot
telecommunications tower on-site received conditional use approval in 1995. The rezone
request to Public Use is to better align the underlying zoning with the actual use of the property
and create a regulatory environment more flexible and in-line with the use of the property.
As noted, the rezone is seeking to expand the CUITent facility to allow for the relocation of similar
facilities for the Collier County Sheriff's Office and Collier County Emergency Medical
Services. To accommodate this expansion, the rezone request is proposing a physical redesign
for the site to allow for increase in the number of vehicles to be serviced. The attached staff
report provides a current aerial photo of the facility with the future site plan overlaid to illustrate
the desired redesign. Additionally, the redesign includes upgrades to the existing landscape
buffer for the project and the increased buffering is anticipated to further mitigate the effect of
the uses on the subject property upon the neighboring land uses. As the facility exists today, the
property line fronting on County Barn Road is the only portion of the site with a landscape buffer
in place.
",.-'
Executive summary/RZ-2004-AR-6209
Page 1 of4
Agenda Item No. 178
February 8, 2005
Page 2 of 43
Transportation Division staff has reviewed the petition and notes the following: Evaluation of
this project took into account the requirement for consistency with Policy 5.1 of the
Transportation Element of the Growth Management Plan (OMP) and was found consistent, a
statement advising that this project when developed will not excessively increase traffic
congestion. Based on the trip generation submitted with this application, 91 additional Vehicles
Per Hour (VPH) will be generated by the expansion at the peak: P.M. hour. This additional
traffic generation will trip the requirement for a southbound left turn lane and a northbound right
turn lane on County Barn Road. Currently, the County Barn Road widening project is in the
preliminary design stage, with construction anticipated to begin late next summer (2005),
contingent on permitting. Furthermore, the construction is estimated to take 18 months to
complete. The issuance of the Certificate of Occupancy (CO) for this development order will
occur one year prior to the anticipated completion date of County Barn Road. Therefore, turn
lane design and installation shall be a requirement for the Site Development Plan (SDP). Also,
the Stormwater runoff introduced by additional impervious surface on County Barn Road shall
require curbing, catch basins and piping to the proposed water management system of this
development.
FISCAL IMP ACT:
....,.....
The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is
no guarantee that the project, at build out, will maximize its authorized level of development,
however, if the property is rezoned, a portion of the existing land will be developed and the new
development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building pennits to help to offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level Of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system.
Please note that impact fees and taxes collected were not included in the criteria used by Staff
and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT IMP ACT:
The petitioner's property, as identified on the Future Land Use Map of the Growth Management
Plan, is currently within the Urban Designation (Urban Residential Mixed Use District). Under
the Future Land Use Designation Description Section, the Urban Residential Mixed Use District
allows essential services as permitted under the most recent Land Development Code (LDC).
Section 2.01.03 of the LDC, which was recently adopted by Ordinance # 04-41, defines Essential
Services. The applicant's current permitted use is listed under the definition for Essential
Services.
Executive summarylRZ-2004-AR-6209
Page 2 of 4
Agenda Item No. 17B
February 8, 2005
Page 3 of 43
Future Land Use Element (FLUE) Policy 5.4 requires that all new developments be compatible
with and complementary to the surrounding land uses. The Comprehensive Planning staff leaves
this determination to the Department of Zoning and Land Development Review staff as part of
their review of the petition in its totality. Based upon the above analysis, staff concludes that the
proposed rezone for the subject site can be deemed consistent with the FLUE.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and notes that the subject site is
completely altered and is actively used by existing structures. The subject parcel is not a viable
habitat for species to nest, den, or forage. No endangered, threatened, or species of special
concern were observed on the site. Environmental Services Department staff coordinated a
review of the project with the Pollution Control Department to direct the environmental sampling
on-site based upon the site's history ofvehic1e repair. As a result of this sampling, Phase I & II
Environmental Site Assessments were required for the property to identify soil contamination
on-site and provide recommendations on how to remediate.
EAC RECOMMENDATION:
The EAC did not hear this petition due to the existing nature of the project and the size of the
project.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This petition was heard at the January 20, 2005 Planning Commission hearing. The Collier
County Planning Commission forwarded the petition with a recommendation of approval to the
Board of County Commissioners with the condition that a test for all potential contaminants will
be made by the applicant at time of Site Development Plan. The motion passed unanimously.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based The legal
considerations are reflected in the Collier County Planning Commission's evaluation of the listed
criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed
as separate documents that have been incorporated into the attached staff report. A summary of
the legal considerations and fmdings are noted below:
· The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
· The proposed land uses are compatible with the existing land use pattern.
· The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed Ù}compatible with surrounding land uses, because of peak:
volumes or projected types of vehicular traffic, including activity during construction
,,"'''-
Executive summaryIRZ-2004-AR-6209
Page 3 of 4
Agenda Item No. 178
February 8, 2005
Page 4 of 43
phases of the development, or otherwise affect public safety. This project has also been
deemed consistent with Policy 5.1 and 5.2 ofthe Traffic Element of the GMP.
The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private, shall be provided.
STAFF RECOMMENDATION:
The proposed rezone is consistent with the applicable provisions of the Growth Management
Plan and Land Development Code. Therefore, staff is recommending that the Collier County
Board of County Commissioners approve Petition RZ-2004-AR-6209.
PREPARED BY:
Mike Bosi, AICP, Principal Planner
Department of Zoning & Land Development Review
,......."...,
Executive summaryIRZ-2004-AR-6209
Page 4 of 4
Item Number
Item Summary
Meeting Dote
AgfJJ1da ItelTI No. 178
FebfLlary 8, 2005
P3g~l 5 of .i 3
COLLIER COUNTY
BOARD OF COUNT'( COMMISSIONERS
17B
This item requires thaI all pmticipant5 be swom in and e)(~plJr1e dir.cIosure be pro\IÍd~d by
Commission rnembp.r5. RZ-2004-AR-620& Collier County Board of Counly COlTlmi$sioners,
represE'pted by Dwight Nadeau of RWA. Inc. and Dalas DIsney, of Disney and A.ssocl~les,
requesting 1I rezonF.: from the E Ef>1ntes 70ning district to the P Public 2.Doin~ di.s.tr¡ct to
expand upon the CUITf!:r¡t lIse of repeir arid stomge of vehicles helon~¡ng to the Conier County
Board of county Cummissioners, and elocflle Similar facIlities far the Collier Caunty Sherilfs
OfficE! and Emergency MediC".a1 Services on-site. The property. r..ons.isting of 9.96 ar..res, is
localad at 2901 County Barn Road, sP.(;tÎon B, Townstlip 50 50uth, Range 26 East, Comer
County, Florida.
2l8/2005 9:00'00 AM
Mikt! eo.i, AICP
Princip..¡ Plannnf
1124120051;13;53 PM
Prepared By
Comflluf1ity Oa'llelapmeflt &
EnvirClnmentdJ Servict!$
Date
Zoning & l.and Or.v~lop"l(!nt R"vìflw
Mik~ BlJs¡, A!CP
Principttl Phmner
Dirt"
Approved By
Con\lnunlty Development &
Envirotlll"ll!nt:d SI~rvici!<G
ZOlling & Larld DevulDptnent R~yjUW
1f1al2005 9:18 AM
Sandra l.ea
Executive 5(!cTI!'tary
Date!
Approved By
ConmlUoity De'lleloprnen't &
Ern/ironl'TltH\tal Services
ComfUumty Oeyel()prnent &:
E1'Ivironnlental Services AdlnÎI1.
1/24/2U05 , :42 PM
Ccmstllnc:e A. JOhlHWfl
OpeuLÎonH .4111tIY$\
Dmlt
Approved By
community D~velopment &
Environmental Survl(;lt~
Community De'leloptTlent &
En....ironmental $elvicl!:!$ Admin.
1124/20052:18 ¡,'1M
Approved By
Chief Planner
Date
Ray aellows
Community Development &
Environmental Services
Zoning & Lind Ot!::\'ciopment Re....iew
11'24(2005 2~26 PM
Approved By
Zoning & Land Development Director
Date
Suun Murray, AICP
Commtlllily D!nI'elopment &
El"lvironmental Services
Zoning & l.nnd OlTvølopnnmt Roview
1124/20053:42 PM
Patrick G, White
Anis1ant County Attorney
Date
Approved By
County Attorney
COlmlY .Ättorru!'y Offict!'
1125f;t0059:41 AM
Norm E, Fedt!'r, AICP
TUI;Mportation Division Adminis1rator
Date
Approved By
lrantipoJ1ion Stlrvic&s
lnln!lportatiotl Servi~! . ¡'J,dmin.
1i25/2IJOS 10:51 AM
Date
Approved By
Juseph .<.. Schmitt
Community De\le-Iopmclrot &
tnyituntnefltaI5ervlC:i!'ß
Community Development 4-
Envirønmf!ntnl Se,....¡ces AdlMir\stnrtor
Community Deve\Qpment &
Envlro Hne:f1tilll Servicl!:os Admin,
1f2S/ZD05 11;40 AM
OMB Coordmator
AdM1~ni$tratjve ASsHitanf
Da"
Approved By
County Manßger's, Office
Office of Managt!'ment & Budgl!'t
11251200512:51 PM
Mark hiackaon
Budget An.:J!yst
Date
Approved By
County Man~~~r's ol'fi~e
orfi..~ ø1 Manag(!mClt'lt" Budgt>
!f261:100512:20 PM
Mlo::hael Smykowskj
M;IIuagenJtmt & Budget Direc:tol
Qute
Approved By
County Manager'1i Office
Officr of Management 8. Budget
1!3i/2005 4:3:¿ PM
James V. Mudd
CQunty Manager
Date
Approved By
Board of County
Commi'li~¡oner8
County Managp.r's OffiC(!
H31120o-5 7:05 PM
-
Agenda Item No. 178
February 8. 2005
Page 6 of 43
eo1Ntr County
- '-~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION
HEARING DATE: JANUARY 20, 2005
SUBJECT: PETITION: RZ-2004-AR-6209
OWNER/AGENT:
Agent: Dalas Disney
Disney and Associates
125 Ai¡port Road North, Suite 200
Naples, FL 34104
Dwight Nadeau
RWA, Inc.
3050 North Horseshoe Drive, Suite 270
Naples, FL 34104
Owner: Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112
REOUESTED ACTION:
The petitioner is requesting a rezone :&om the Estates (E) zoning district to the Public Use (P) zoning
district to expand upon the current use of repair and storage of vehicles belonging to the Collier
County Board of County Commissioners. This expansion win include the relocation of similar
facilities for the Co11ier County Sheriffs Office and Emergency Medical Services on-site.
GEOGRAPmC LOCATION:
The property is located on the east side of County Barn Road at 2901 County Barn Road, in Section
8, Township 50 South, Range 26 East, Collier County, Florida. The property consists of ±9.96
acres. (See illustration on following page)
2004-AR-6209
County Barn Fleet Facility
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LOCATION MAP
Agenda Item No, 17B
February 8, 2005
Page 7 of 43
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PETITION 'RZ- 2004- "'R- 8209
,.,~--~--'_.
Agenda Item No. 17B
February B. 2005
Page 8 of 43
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COLLIER COUNTY FLEET FACILITY
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Agenda Item No. 178
February 8, 2005
Page 9 of 43
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Agenda Item No. 178
February 8, 2005
Page 10 of 43
PURPOSEIDESCRIPTION OF PROJECT:
The Estates (E) Zoning District is designed to provide land for low-density residential development
in a semi-rural to rural environment. The existing facility is a legal non-conforming use within the
Estates Zoning District. The current use of the property is allowed within the Estates Zoning District
as a conditional use, but due to the age of the facility, a conditional use specifically authorizing the
facility has never been obtained. The existing 280-£oot telecommunications tower on-site received
conditional use approval in 1995. The rezone request to Public Use is to better align the underlying
zoning with the actuaI use of the property and create a regulatory environment more flexible and in-
line with the use of the property.
As noted, the rezone is seeking to expand the current facility to allow for the relocation of similar
facilities for the Collier County Sheriff's Office and Collier County Emergency Medical Services.
To accommodate this expansion, the rezone request is proposing a physical redesign for the site to
allow for increase in the number of vehicles to be serviced. The previous page of this staff report
provides a current aerial photo of the facility with the future site plan overlaid to illustrate the
desired redesign. Additionally, the redesign includes upgrades to the existing landscape buffer for
the project and the increased buffering is anticipated to further mitigate the effect of the uses on the
subject property upon the neighboring land uses. As the facility exists today, the property line
fTonting on County Barn Road is the only portion of the site with a landscape buffer in place.
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RZ-2004-AR-6209
Agenda Item No. 178
February 8. 2005
Page 11 of 43
SURROUNDING LAND USE AND ZONING:
Subject Parcel:
The site is in public use with the cutTent Fleet Repair Facility on-site.
Surrounding:
North:
South:
East:
West:
Private school (Son-Rise Academy) and undeveloped lands, zoned Estates (E)
and Estates (E) with a conditional use.
Undeveloped and disturbed lands, zoned Estates (E)
Falling Waters PUD conservation tract, zoned PUD.
Church (Mayflower Congregational Church of Christ), zoned Estates (E) with
a conditional use.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The petitioner's property, as identified on the Future Land Use Map of the Growth Management Plan,
is currently within the Urban Designation (Urban Residential Mixed Use District). Under the Future
Land Use Designation Description Section, the Urban Residential Mixed Use District allows essential
services as pennitted under the most recent Land Development Code (LDC). Section 2.01.03 ofthe
LOC, which was recently adopted by Ordinance # 04-41, defines Essential Services. The applicant's
current pennitted use is listed under the definition for Essential Services.
2004-AR-6209
County Barn Fleet Facility
"-'_._-'"~~
Agenda Item No. 178
February 8, 2005
Page 12 of43
Future Land Use Element (FLUE) Policy 5.4 requires that all new developments be compatible with
and complimentary to the surrounding land uses. The Comprehensive Planning staff leaves this
determination to the Zoning Department staff as part of their review of the petition in its totality.
Based upon the above analysis, staff concludes that the proposed rezone for the subject site can be
deemed consistent with the FLUE.
ANALYSIS:
Environmental: Environmental Services Staff has reviewed the petition and notes that the subject
site is completely altered, and is actively used by existing structures. The subject parcel is not a
viable habitat for species to nest, den, or forage. No endangered, threatened, or species of special
concern were observed on the site. Environmental Services Department staff coordinated a review
of the project with the Pollution Control Department to direct the environmental sampling on-site
based upon the site's history of vehicle repair. As a result of this sampling a Phase I & II
Environmental Site Assessments was required for the property to identify soil contamination on-site
and provided recommendations on how to remediate. Below is a summary of the report and the
issues to be addressed at the time of Site Development Plan (SDP) submittal.
"Elevated arsenic levels were identified beneath the Chemical Storage Building, inside the
Airboat Storage Garage and beneath the Aquatic Control Storage Shed.
In an effort to remediate the area, the lowest risk option would be the removal and
transportation of the arsenic impacted soil to a municipal landfill, upon approval of the
landfill administrators. Another site-specific risk management alternative would be to place
the arsenic impacted soils under concrete or asphalt or within a berm, documenting the fill
placement area as an additional precaution and for possible future monitoring, and cover the
berm with a minimum of two feet of fill material to further reduce the chance of direct
exposure (see page 12 & 13 of Phase II Environmental Site Assessment attached to this staff
report). Include on the site plan the locations of the above referenced contaminated soil and
label them as such on the site plan. Include on the site plan the method to be used to
remediate. lfthe contaminated soil is to be left on-site, show on the site plan the location(s)
where the soil is to be usedlburied."
Transportation: Transportation Department Staff has reviewed the petition and notes the following:
Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the
Transportation Element of the GMP and was found consistent, a statement advising that this project
when developed will not excessively increase traffic congestion. Based on the trip generation
submitted with this application, 91 additional Vehicles Per Hour (VPH) will be generated by the
expansion at the peak: P.M. hour. This additional traffic generation will trip the requirement for a
southbound left turn lane and a northbound right turn lane on County Barn Road. Currently, the
County Barn Road widening project is in the preliminary design stage, with construction anticipated
to begin late next summer (2005), contingent on permitting. Furthermore, the construction is
estimated to take 18 months to complete. The issuance of the Certificate of Occupancy (CO) for this
development order will occur one year prior to the anticipated completion date of County Barn
Road. Therefore, turn lane design and installation shall be a requirement for the Site Development
Plan (SDP). Also, the Stonnwater runoff introduced by additional impervious surface on County
7
RZ-2004-AR-6209
Agenda Item No. 178
February 8. 2005
Page 13 of 43
Barn Road shall require curbing, catch basins and piping to the proposed water management system
of this development.
Utilities: The Utilities Department Staff has reviewed the petition and notes the following: water
distribution, sewage collection and 1ransmission, and interim water and/or sewage trea1ment
facilities to serve the project are to be designed, constructed, conveyed., owned and maintained in
accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County
rules and regulations. The project was required to provide the additional right-of-way and 40-foot
wide drainage easement needed for the County Barn Road improvements.
Zoning and Land Development Analysis: The proposed use is consistent with the property's land
use designation as indicated previously in the GMP discussion. The GMP, through Policy 5.4, also
requires proposed development to be compatible with and complimentary to the surrounding land
uses. As noted in the Comprehensive Planning discussion, development standards, such as building
heights, setbacks, landscape buffers, potential building mass, building location, orientation, and the
amount and type of open space and location of that open space are considerations of compatibility as
well.
The 9.96+ acre site has been owned by Collier County since the 1970's. The existing land use
pattern for the area includes institutional uses, undeveloped Estates, Falling Waters residential PUD
(preserve tract), and road rights-of-ways. Specifically, the surrounding land uses include: to the
north, an existing church and undeveloped property zoned E; to the east, County Barn Road right-of-
way; to the south, undeveloped property, zoned E; and to the west, preserve tract of Falling Waters
development, zoned PUD.
The site is currently used for the repair and storage of vehicles belonging to the Collier County
Board of County Commissioners, and as the sitting location for a telecommunications tower
primarily utilized for the County's communications system. The rezoning request is motivated by
the County's desire to expand the current use and relocate similar facilities for the Collier County
Sheriff's Office and Emergency Services to the facility. The current operation is permitted in the
Estates zoning district on a conditional use basis, but due to the length of time the facility has existed
at its location, a conditional use was never granted. The facility is a legal non-conforming use. The
applicant could have sought conditional use approval for the expansion of the site with the current
Estates zoning, but the nature of a conditional use would not allow for the expansion or alteration of
the facility beyond the scope of the original conditional use. The requested rezone to Public Use (P)
will better align the zoning with the actual use of the property and allow the facility to evolve as the
needs and demands of the County evolve. The modification to the existing facility is graphically
depicted on page four of this staff report. Page four illustrates an aerial photo of the current site with
the site plan for the new facility as an overlay.
Currently, the site is utilized as a vehicle repair facility, but due to the age of the facìlìty, was never
required to provide landscape buffers for the entire site. Landscaping has only been provided along
the parcel fTontage along County Barn Road. This lack of landscaping has imposed a visual
detraction to the surrounding properties. If approved, the subsequent SDP will impose landscape
buffers surrounding the entire parcel that will be designed to shield the operation fTom the
surrounding properties. The landscape requirements will call for an opaque masonry wall on all
sides of the parcel except County Barn Road, where a type "D" buffer will be required. Also, as a
8
~2004-~6209
Agenda Item No. 178
February 8, 2005
Page 14 of 43
result of the modifications to the site that the rezone will pennit, the existing 280-foot
telecommunications tower will be relocated on the site. The existing tower sits on the eastern
portion of the parcel. The site plan submitted with the rezone application calls for the relocation of
this tower to a central location on the site. This new location will impose less of an impact upon the
surrounding properties. The expansion of the facility, as documented in the trip generation report
attached to this application, is expected to generate additional traffic of91 trips during the P.M. peak
hour. As a result of this additional traffic a southbound left turn lane and a northbound right turn
lane on County Barn Road will be required at the time of SDP. Additionally, County Barn Road is
set for expansion to four lanes with the project scheduled to start in the summer of 2005.
The proposed change to Public Use (P) úom Estates (E) zoning is not anticipated to have an adverse
effect upon living conditions in the neighborhood. Staff anticipates the request will result in
improvements to the facility to further advance compatibility with the surrounding properties.
NEIGHBORHOOD INFORMATION MEETING:
The applicant's agents held the required NIM on October 18, 2004, 5:30 P.M. in the BCC Chambers.
Two individuals other than the agents and county staff attended. In response to questions regarding
fencing/buffering, Dwight Nadeau of RW A, Inc. stated that the LDC prohibits a wall extending
beyond the primary building façade. Currently, there is a landscaped buffer and an old fence. Mr.
Nadeau questioned the neighboring property owners as to whether or not they would prefer a six to
eight foot masonry wall around the perimeter of the site. He infonned the audience that the applicant
would have to seek a code deviation to construct a perimeter wall. The response was that additional
buffering would be an improvement over what exists. Other questions involved the proposed
development's tenants and uses. Mr. Nadeau and Mr. Dalas Disney explained that the new facility
would service all county vehicles except for those of the Road and Bridge Department. The Sheriffs
Department uses would be limited to vehicle repair and administrative offices. There were no stated
objections to the rezone and development proposal.
STAFF RECOMMENDATION:
The proposed rezone is consistent with the applicable provisions of the Growth Management Plan
and Land Development Code. Therefore, Zoning and Land Development Review staff recommends
that the Collier County Planning Commission forward Petition RZ-2004-AR-6209 to the Board of
County Commissioners with a recommendation of approval.
9
RZ-2004-AR-6209
PREPARED BY:
MIKE BOSI, AlCP, PRlNClP AL PLANNER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
REVIEWED BY:
RAY BELLOWS, MANAGER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
SUSAN MURRAY, AlCP, DIRECTOR DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITI, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Petition RZ-2004-AR-6209
Agenda Item No. 178
February 8, 2005
Page 15 of 43
Tentatively scheduled for the January 25, 2005 Board of County Commissioners Meeting.
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. BUDD, CHAIRMAN
10
RZ-2004-AR-6209
Agenda Item No. 178
February 8, 2005
Page 16 of 43
REZONE FINDINGS
PETITION RZ-04-AR-6209
Section 2.7.2.5 of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall show that
the Planning Commission has studied and considered the proposed change in relation to the following,
where applicable:
1. Whether the proposed change will be consistent with the goals, objectives & policies of
the Future Land Use Map and the elements of the Growth Management Plan.
The subject property is currently within the Urban Designation (Urban Residential Mixed Use
District). Under the Future Land Use Designation Description Section, the Urban Residential
Mixed Use District allows essential services as permitted under the most recent Land
Development Code (LDC). Section 2.01.03 of the LDC, which was recently adopted by
Ordinance #04-41, defines Essential Services. The applicant's current permitted use is listed
under the definition for Essential Services. The application has been found by Staff to satisfy
the specific development requirements for the Urban Residential Mixed Use District.
Therefore, Staff concludes that the proposed PUD Document and Master Plan may be deemed
consistent with the Future Land Use Element (FLUE).
2. The existing land use pattern;
The 9.96+ acre site has been owned by Collier County since the 1970's. The existing land use
pattern for the area includes institutional uses, undeveloped estates, Falling Waters residential
PUD (preserve tract), and road rights-of-ways. Specifically, the surrounding land uses
include: to the north an existing church, and undeveloped property zoned E; to the east
County Barn Road right-of-way; to the south undeveloped property, zoned E; and to the west
preserve tract of Falling Waters development, zoned PUD.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
The County Barn Fleet Facility parcel is of sufficient size that it will not result in an isolated
district unrelated to adjacent and nearby districts. It is also consistent with expected land uses
by vITtue of its consistency with the FLUE of the GMP.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The district boundaries are logically drawn in relation to the existing conditions on the subject
property. The rezone request is not motivated by the districts boundaries, but rather is
motivated by the limitation imposed on the County Barn Fleet Facility by the Estates (E)
Zoning District. The Estates (E) Zoning District is designed to provide land for low-density
residential development in a semi-rural to rural environment. The existing facility is allowed
for within the Estates Zoning District through conditional use approval, but the nature of a
11
RZ-2004-AR-6209
Agenda Item No. 178
February 8,2005
Page 17 of 43
conditional use prohibits the facility from expanding as the governmental needs expand. The
rezone request to Public is to better align the underlying zoning with the actual use of the
property and create a regulatory environment more flexible and in-line with the use of the
property. Therefore, the proposed Public Use (P) district boundaries are logically drawn and
they are consistent with the FLUE of the GMP.
5. Whether changed or changing conditions make the passage of the proposed amendment
necessary.
facility was constructed consistent with the regulations and policies in effect at the time when constructed, but
changes in the LDC, specifically newly created zoning districts such as the Public Use (P)
district, have redefined zoning districts so the fleet facility is more consistent with the Public
Use (P) Zoning District.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
The County Barn Fleet Facility is an existing facility authorized through the conditional use
process. The proposed change to Public Use (P) nom Estates (E) zoning win not have an
adverse effect upon living conditions in the neighborhood. The proposed rezone is proposing
upgrades to the existing landscape buffer for the project and the increased buffering is
anticipated to further mitigate the effect the uses on the subject property has upon the
neighboring land uses.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety.
Evaluation of this project took into account the requirement for consistency with Policy 5.1 of
the Transportation Element of the GMP and was found consistent, a statement advising that
this project when developed will not excessively increase traffic congestion.
8. Whether the proposed change will create a drainage problem;
The County Barn Fleet Facility rezone 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 of the Growth
Management Plan (GMP). The project will be providing on-site detention areas to pre-treat
and manage the flow of drainage before entering stonn water system along County Barn Road.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
The rezone, by regulation, must provide for a minimum of thirty percent open space within the
project. The mass and scale of the proposed development has located the highest portion of
12
RZ-2004-AR-6209
Agenda Item No. 178
February 8. 2005
Page 18 of 43
surrounding structures in the middle and along the southeast comer of the subject property to
ensure the movement of light and air, and also to decrease the visibility of the project from the
surrounding areas.
10. Whether the proposed change will adversely affect property values in the adjacent area;
The fleet facility is an existing facility that has been at its present location since the 1970's.
Therefore, staff is of the opinion that this petition, requesting a change in zoning for the
existing facility, will not adversely affect property values. The proposed rezone, through the
landscape buffers mandated by the Land Development Code, has provided standards to
mitigate the project's effect upon the surrounding land uses. It should be noted that the value
of property is a subjective determination based upon anticipated results, which may be internal
or external to the subject property. Property valuation is affected by a host of factors including
zoning; however, zoning by itself mayor may not affect values, since value detennination by
law is driven by market value.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
As noted, the fleet facility is an existing facility. The proposed request for rezoning for the
subject property will not create a deterrent to the improvement or redevelopment of the
abutting properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
The proposed rezone complies with the Growth Management Plan, which is a public policy
statement supporting zoning actions when they are consistent with said plans. Additionally the
proposed Public Use Zoning District is intended to serve government facilities that serve
essential public services. In light of these facts, the proposed rezone does not constitute a
grant of special privilege. Consistency with the FLUE is further determined to be a public
welfare relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning;
ßning District is designed to provide land for low-density residential development in a semi-rural to rural
environment. The existing facility is allowed for within the Estates Zoning District through
conditional use approval, but the nature of a conditional use prohibits the facility from
expanding as the governmental needs expand. The rezone request to Public Use is to better
align the underlying zoning with the actual use of the property and create a regulatory
environment more flexible and in-line with the use of the property.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
13
RZ-2004-AR-6209
Agenda Item No. 17B
February 8, 2005
Page 19 of 43
The proposed rezone complies with the OMP and will not adversely impact the scale, density
and overall intensity of land uses deemed to be acceptable throughout the urban designated
areas of Collier County. The expansion of the County Barn Facility to include the servicing of
vehicles for the Sheriff's Department and EMS has a direct relationship to the level of services
these departments provide to the County.
15. Whether it is impossible to find other adequate sites in the County for the proposed use
in districts already permitting such use.
The County has owned the subject property since the 1970's. The name County Barn Road,
where the facility is located., is directly related to the tenure the facility has at its present
location and function. The subject property has remained in this capacity fi:om the time of its
inception. Due to these circumstances, this question is not truly applicable to the proposed
rezone petition. The petition is consistent with all elements ofthe OMP, is compatible with the
adjacent land uses, has adequate infrastructure, and to some extent, the timing of the action is
consistent with all County codes.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed, zoning classification.
The subject property is completely altered with the presence of the existing Fleet Facility. The
degree of site alteration required to make the property usable for the potential uses proposed
will be minimal. Improvements proposed for the facility will be required to improve the
aesthetics, drainage and other on-site utilitarian functions
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management
Plan and as defined and implemented through the Collier County Adequate Public
Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the OMP has reviewed this
petition and they have found it consistent with the OMP. The conditions of approval have been
incorporated into the PUD document. Staff reviews for adequacy of public services and levels
of service determined that required infrastructure meets with OMP established relationships.
14
RZ-2004-AR-6209
_......~---"._.-
Agenda Item No. 178
February 8, 2005
Page 20 of 43
15
RZ-2004-AR-6209
Agenda Item No. 17B
February 8, 2005
Page 21 of 43
ORDINANCE NO.OS- _
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, AMENDING
ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE WInCH
ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE WNING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
SUBJECT PROPERTY LOCATED AT 2901 COUNTY BARN
ROAD IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, FROM THE "E"
ESTATES ZONING DISTRICT TO THE lip" PUBLIC ZONING
DISTRICT TO EXPAND UPON THE CURRENT USE, OF
REPAIR AND STORAGE OF VEffiCLES BELONGING TO
TIlE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, AND RELOCATE SIMILAR FACILITIES
FOR THE COLDER COUNTY SHERIFFS OFFICE AND
EMERGENCY MEDICAL SERVICES ON-SITE; PROVIDING
FOR STAFF AND PLANNING COMMISSION
STIPULATIONS; AND BY PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Dalas Disney of Disney and Associates, and Dwight Nadeau of Rwa, Inc.,
representing the Collier County Board Of County Commissioners, petitioned the Board of County
Commissioners to change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE:
The zoning classification of the subject real property more particularly described in Exhibit
"A," attached and incorporated by reference, located in Section 8, Townsbip 50 South, Range 26
East, Collier County, Florida, is changed from the "E" Estates zoning district to the "P" Public
zoning district to expand upon the current use, of repair and storage of vebicles belonging to the
Collier County Board of County Commissioners, and relocate similar facilities for the Collier
County Sheriffs Office and Emergency Medical Services on-site and the appropriate zoning atlas
map or maps, as described in Ordinance 04-41, as amended, the Collier County Land
Development Code is hereby amended accordingly. The subject real property is approved subject
to the following conditions
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
Page 1 of2
Agenda Item No. 178
February 8, 2005
Page 22 of 43
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this
day of
,2005.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
DEPUTY CLERK
APPROVED AS TO FORM
~~~~~y
Assistant County Attorney
RZr2004-AR-6209/MB1sp
Page 2 of 2
Agenda Item No. 17B "
February 8, 2005 "
Page 23 of 43
LEGAL DESCRIPTION:
Section: 8 Township: 50S Range: 26E
Lot: Block: Subdivision:
Plat Book Page #: Property I.D.#: 004032803
Metes & Bounds Description: The South % of the North % of the Southeast Y4 of the
Southwest Y4 of Section 8. Township 50 South. Range 26 East. Situated and lYing within
Collier County. Florida Excepting therefrom the west 50 feet.
The subiect parcel contains 433.829.09 SQuare feet or 9.96 Acres more or less.
Exhibit "An
,.----.-."
--..-.--
...A... .~_____
- -~., ._--,-- -.---- ------
--~-- - --.---
_h_..._,____ ___._____. .__
Agenda Item No. 178
February 8, 2005
Page 24 of 43
APPLICATION FOR PUBLIC HEARING FOR:
STANDARD REZONE
RZ-2004-AR-6209
Date Petition Received: ; PROJECT #2004070001
--< DATE: 7/21/04
Planner Assign~d: . MICHAEL BOSI
-
Petition No.:
Commission District: .
ABOVE TO BE CG:MPLETED BY STAFF
1. General Information:
Name of Applicant(s) Collier County Board ofCountv Commissioners
Applicant's Mailing Address 3301 East Tamiami Trail
City Na"les
State
Florida
Zip
34112
Applicant's E-Mail Address:
Applicant's Telephone #
239-774-8097
Fax #
239-774-3602
Name of Agent
Dalas Disney
Firm
Disney and Associates
Agent's Mailing Address
125 Airoort Road North. Suite 200
City.· Naples·
State
Florida
Zip
34104
Agent's Telephone #
239-261-3399
Fax #
239-261-9414
Agent's E-Mail Address:
Name of Agent (2) Dwight Nadeau
Firm
RW A. Inc.
Agent's Mailing Address
3050 North Horseshoe Drive. Suite 270
City
Naples
State
Florida
Zip
34104
Agent's Telephone #
239-649-1509
Fax #
239-649-7056
Agent's E-Mail Address:
dhn@consult-rwa.com
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103
" .
Agenda Item No. 178
f. If any contingency clause or contract terms involve additional parties, list K1l~~~r
officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property; acquired t8J leased 0 4/70
Term oflease
yrs.lmos.
If, Petitioner has option to buy, indicatedate of option:
terminates: . ,or anticipated closing date
and date option
h. Should any changes of ownership. or changes in contracts for purchase occur subsequent to
the date of application, but prior to the date of the final public
bearing, it is the responsibility of the applicant, or àgent on his behalf, to submit
a supplemental disclosure of interest fonn.
3. Detailed le2al descriution of the DroDertv covered bv the aDulication: (If space is inadequate,
attach on separate page.) If request involves change to more than one zoning district, include
separate legal description for property involved in each district. Applicant shall submit four (4)
copies of a recent suryey (completed within the last six months, maximum I" to 400' scale) if
required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
Section:
8
Township:
50 S
Range: 26 E
Lot:
Block:
Subdivision:
Plat Book_ Page #:
Property I.D.#:
00403280003 .
Metes & Bounds Description: The South ~ of the North ~ of the Southeast v.a of the Southwest
Situated and l' within Collier Coun
Florida. excepting three from the West 50 feet.
The subiect parcel contains 433.829.09 SQuare feet or 9.96 Acres more or less.
4.
Size of Drouertv: 1.281 ft. X 337 ft. = Total Sq. Ft.
433.829 Acres
9.96
5. Address/2enerallocation of subiect proDerty:
2901 County Barn Road
Naples. Florida 34112
APPLICATION FOR PUBLIC HF..ARING }lOR ~TANDARD REZONE - 4/14/03
----
6 . Adjacent zonine: and land use:
Agenda Item No. 178
February 8, 2005
Page 26 of 43
Zoning
Land use
N: Estates with CD
Son Rise Academy (private school). and undeveloped lands
s: Estates
Vacant. and undeveloped and disturbed lands
E: PUD
Falling Waters (Conservation parcel)
W: Estates with CD
. Mayflower COnSZIegational Church of Christ
Does the O"WIler of the subject property own property contiguous to the subject property? If so,
give complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
Section:
Township: Range:
Lot:
Block: Subdivision:
Plat Book_ Page #:
Property I.D.#:
Metes & Bounds Description:
7.
Rezone Request: This application is requesting a rezone from the
Estates (E)
zoning district (s) to the
Public (P)
zoning district(s).
8.
Present Use of the Property:
Fleet facility for the Collier County Board of County
Commissioners and Collier County Emer¡;rencv Medical Services. A 280' government
controlled communications tower is also operating on-site.
Proposed Use (or range of uses) of the prope~:
same
8 . Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development
Code, staff's analysis and recommendation to the Planning Commission and the PI~g
Commission's recommendation to the Board of County Commissioners shall be based upon
consideration of the applicable criteria noted below. Provide a narrative statement describing the
rezone request with specific reference to the criteria noted below. Include any backup materials
and documentation in support of the request.
APPLICATION FOR PUBLIC BEARING FOR STANDARD REZONE 4/14/03
Agenda Item No. 178
February 8, 2005
Page 27 of 43
Standard Rezone Considerations MC Section 2.7.2.5'>
1. Whether the proposed change will be consistent with the goals, objectives, and policies and
future land use map and the elements of the growth management plan.
As an existing public facility, the site is utilized for repair and storage of vehicles belonging
to the Collier County Board of County Commissioners. This application requests permission
to expand this current use, and relocate similar facilities for the Collier County Sheriff s
Office and Em,ergency Medical Services on-site. Physical design for the site is also requested
to allow for the larger number of vehicles and more efficient use of land currently owned by
Collier County. This includes additional square footage for classrooms and offices and
garage bays. This facility will help implement the Goals, Objectives, and Policies of the
Collier County Growth Management Plan.
2. The existing land use pattern.
The subject property is located on the east side of County Barn. Road approximately one mile
south of Davis Boulevard (S.R. 84). The surrounding neighborhood is becoming more urban
in character that has resulted from new construction that has occurred within the area of the
past few years. Over the. next few years, as more churches, homes, and schools are .
constructed in the area, a semi-rural or urban character could appear.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The existing facility on the subject property was the first development on County Barn Road
(which was named for its location). Since that time, non-residential development intensities
in the surrounding area has occurred consistent with the existing fleet facility's intensity.
Therefore, while an expanSion of the intensity of the facility is requested, the site
improvements that will be provided will retain consistency with both the proposed zoning
district, and the surrounding uses.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the properly for the proposed change.
Zoning dis1rict boundaries were logically drawn at the time the facility was constructe4.
Since this time, the Land Development Code has been amended and under cUITent
regulations, the existing use and proposed expansion is more consistent with the Public (P)
Zoning District.
5. Whether changed or changing conditions make the passage of the proposed amendment
(rezone) necessary.
. The existing fleet facility was constructed consistent with the re~lations and policies in
effect at that time when constructed. Changes in the LDC since then have redefined zoning
districts so the fleet facility is more consistent with the Public (P) Zoning District.
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4114103
Agenda Item No. 178
. February 8, 2005
Page 28 of 43
6. Whether the proposed change wÜl adversely influence living conditions in the
neighborhood.
The project has been designed to have minimum impact on the neighborhood. Impacts to
adjacent properties have been considered in the design of this project by providing for a
landscaped wall surrounding the property.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular· traffic, including activity during construction
phases of the development, or otherwise affect public safety.
Because the property is currently being operated as a fleet facility, the traffic demand can be
estimated.. In addition, because the Sheriff s Department will also be moving to this facility,
demand from their current location can be gathered. Neither is assumed inconsistent with the
surrounding uses. A factor specific to public uses that also must be considered is that the
greater the traffic generated iTom this facility, the greater the level of service provided to
County residents. If this facility does not function as intended, the level of service for police
and EMS will decline.
8. Whether the proposed change will create a drainage problem.
The development will be providing on-site detention areas to pre-treat and even the flow of
drainage before entering the drainage ditch on County Barn Road, and is not in an area being
scrutinized for IOO-year floodplain storage or protection.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
There will be no impact on the supply of light and air to adjacent areas. Property to the north
is the only adjacent developed parcel. Mass and scale of the proposed development has taken
the location of surrounding uses into account, and has located the highest portion of
surrounding structures in the middle of the subject property, away from this development.
Massing of the proposed structures also has been designed as to decrease the visibility from
surrounding properties. This has been done by locating the highest portions of the
development in both the center of the. property and along the southeastern comer of the
project. These areas present the least possible impact upon neighboring property owners by
allowing light and air to flow onto their properties unimpeded. Property to the east is a
conservation parcel, and the mass has been located in this area, to minimi7.e any possible
affects to property to the south. This property is an undeveloped PUD (expired). There is the
possibility that it may be developed in the future, therefore, the project has focused intensity
away from this area.
10. Whether the proposed change will seriously affect properly values in the adjacent area.
Property values in the area are based on the existence of the existing fleet facility.
Improvements proposed for the facility will only increase the values of the area. This will be
consistent with recently constructed sites that have been improving the area steadily over the
past few years.
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103
Agenda Item No. 178
February 8, 2005
Page 29 of 43
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
The proposed facility, incorporating all compatibility measures, will not act as a deterrent to
adj acent property owners to develop or redevelop their land..
12. Whether the proposed change wül constitute a grant of special privUege to an individual
owner as contrasted with the public welfare.
No, the proposed change will not constitute a grant of special privilege to the property owner. .
The existing uses, although in existence in one form or another for a number of years, are
more consistent with the Public (P)' Zoning District under the cur.rent Land DeveloPIIlent
Code. Both the existing and proposed uses of the site are consistent with this public use.
This change would validate the presumption of the Code that the Public (P) District already
exists given the pubic non-residential land uses that have been, and will continue on the
subject property. The proposal would create a consistent use within the Public Zoning
District (P).
13. Whether there are substantial reasons why the properly cannot be used in af:cordance with
existing zoning.
The present application was filed after review of the property owner's expansion intent was
known. The current proposal is not allowed by right within the Estates (E) Zoning District.
The flexibility of such an approval is limited, and a rezoning allows the County to make full
use of the property's potential, both now and into the future. The rezoning to Public (P)
District is more accurate for the current and future use of the property. This also ensures that
the County will be able to utilize this property into the future to maintain an acceptable Level
of Service of the public facilities mandated by the Growth Management Plan.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
With the exception of property to the south (sunset PUD) and a vacant parcel to the north, all
adjacent property has been developed. Property to the east has been dedicated as a
conservation / preservation parcel for Falling Waters PUD. All developments are consistent
with the scale of the existing and proposed fleet facility.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
It is difficult for public agencies to find centrally located property within a growing section of
the County. This property is a great benefit to the public becaúse it was purchased at 1970's
prices. If this property were to be replaced or relocated, the cost to the citizens of Collier
County would be considerable, and consistency with surrounding uses may not be more
consistent with those adjacent to the existing facility. However, the utilization of the subject
property for Public (P) úses is consistent with the goals, objectives and policies of the GMP
for both locational standards and for LOS public service standards.
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103
Agenda Item No. 178
February 8, 2005
Page 30 of 43
16. The physical characteristics of the property and the degree of site alteration which would
be required to make the property usiùJle for any of the range of potential uses under the
proposed zoning classification.
The existing development was constructed to building and site development standards and
policies of the 1970's. Improvements proposed for the facility will not only provide for a
more aesthetically pleasing facility, but structures will also be constructed to CtnTent building
codes, drainage and other utilities will also be improved.
17. The impact of development on the availability of adequate publicfacilìties and services
consistent with the levels of service adopted in the CoUier County growth management
plan and as defined and implemented through the Collier County Adequate Public
Facilities Ordinance [Code ch. 106, art.1I], as amended).
The subject property is served by all required utilities. All necessary ÌD.:fi:'astructure is
complete, and utility easements and dedications have been made. Identified providers are
operating below maximum capacity. Therefore, adequate public facilities exist to serve the
existing development. The proposed development will be in compliance with Section 3.15 of
the Collier County Land Development Code.
18. Such other factors, standards, or criteria that the board of county commissioners shall
deem important in the protection of the public health, safety, and welfare.
Such standards or criteria will be addressed when specifically identified.
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,. however,
many communities have adopted such restrictions. You may wish to contact the civic or property
owners association in the area for which this use is being requested in order to ascertain whether
or not the request is affected by existing deed restrictions.
10. Previous land use 'Petitions on the subiect DrO'Pertv: To your knowledge, has a public hearing
been held on this property within the last year? If so, what was the nature of that hearing?
No
11. Additional Submittal reQuirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise waived
during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36"
conceptual site plan (16 copies if for affordable housing) [and one reduced 8W' x 11" copy of
site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following
[Additional copies of the plan may be requested upon completion of staff evaluation for
distribution to the Board and various advisory boards such as the Environmental Advisory
Board (EAB), or CCPe];
· all existing and proposed structures and the dimensions thereof,
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE _ 4/14103
Agenda Item No. 178
· provisions for existing and/or proposed ingress and egress (including ~alm':~\_s
and egress to the sìte and the structure(s) on site),
· all existing and/or proposed parmg and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the disabled],
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to the site),
· proposed and/or existing landscaping and buffering as may be required by the County,
c. An architectural rendering of any proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (WC) , or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within
the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted.
Said aerial shall identify plant and/or wildlife habitats and their bOWldaries. Such
identification shall be consistent with Florida Department of Transportation Land Use Cover
and Forms Classification System. Additionally, a calculation of the acreage (or square feet)
of native vegetation on site, by area, and a calculation and location(s) of the required portion
of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological surveyor waiver application if property is located within an
area of historical or archaeological probability (as identified at pre-application meeting);
i. The petitioner must provide a letter of no objection from the United States Postal Service
prior to submittal of the application. Please contact Robert M. Skebe, Growth Management
Coordinator at:
United States Postal Service
1200 Goodlette Road
Naples, Florida 34102-9998
Phone (239) 435-2122
Fax (239) 435-2160
j. AI1y additional requirements as may be applicable to specific conditional uses and
identified durIng the pre-application meeting, including but not limited to any required state
or federal permits.
Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove
their public bearing advertising sign (s) after final action is taken by the Board of
County Commissioners. Based on the Board's final action on this item, please remove
all public bearing advertising sign (s) immediately
--
APPLICATION FOR PUBLIC HEARING FOR ST ANDARJ) REZONE - 4/14/03
-"..---
..~,"--~_..>
(i)
Agenda Item No. 178
February 8, 2005
Page 32 of 43
STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST
1.
NAME OF APPLICANT:
Collier County Board of County Commissioners
2.
MAll,ING ADDRESS:
3301 East Tamiami Trail
CITY
Naples
STATE
Florida
ZIP 34194
3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
2901 County Barn Road
Naples. Florida 34112
4. LEGAL DESCRIPTION:
Section: 8 Township: 50 S Range: 26E
Lot: Block: Subdivision:
Plat Book Page #: Property I.D.#: 004032803
Metes & Bounds Description: The South Y2 of the North Y2 oithe Southeast ~ of the
Southwest ~ of Section 8. Township 50 South. Range 26 East. Situated and lving within
Collier County. Florida Excepting therefrom the west 50 feet.
The subiect parcel contains 433.829.09 square feet or 9.96 Acres more or less.
5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM IZI
b. CITY UTILITY SYSTEM D
c. FRANCHISED UTILITY SYSTEM D
PROVIDE NAME Collier County Utilities
d. PACKAGE TREATMENT PLANT D
(GPD capacity)
e. SEPTIC SYSTEM D
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME Collier County Utilities
d. PRlV ATE SYSTEM (WELL)
6.
~
o
D
D
7. TOTAL POPULATION TO BE SERVED: N/A
APPLICATION. FOR PUBLIC BEARING FOR STANDARD. REZONE - 4/14103
Agenda Item No, 178
February 8, 2005
Page 33 of 43
8. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK 6.18 GPM AVERAGE DAILY 4.050 GPD
B. SEWER-PEAK 6.18 GPM AVERAGE DAILY 4.050 GPD
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER
SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED:
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data
and soil involved shall be provided from tests prepared and certified by a professional engineer.
11. COLLIER COUNTY UTD..ITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier çounty's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution
and sewage collection facilities within the project area upon completion of the construction of
these facilities in'accordance with all applicable County ordinances in effect at the at time. This
statement shall also include an agreement that the applicable system development charges and
. connection fees will be paid to the County Utilities Division prior to the issuance of building
permits by the County. If applicable, the statement shall contain shall contain an agreement to
dedicate the appropriate utility easements for serving the water and sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless
waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer
or potable water services from any provider other than the County, a statement from that provider
indicating that there is adequate capacity to serve the project shall be provided.
APPLICATION FOR PUBLIC HEARJNG FOR ST ANDARDREZONE - 4114103
-.."-
STANDARD REZONE APPLICATION
SUBMITTAL CHECKLIST
Agenda Item No, 17B
February 8, 2005
Page 34 of 43
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET!
REQUIREMENTS #OF NOT
COPIES REQUIRED REIII,IKIi',
I. Completed Application 20*
2. Copy of Deed(s) and list identifying Owner(s) and all 2*
Partners ü a Corporation
3. Completed Owner/ Agent Affidavit, Notarized 2*
4. Pre-application notes/minutes 20*
5. Conceptual Site Plans 20*
6. Environmental Impact Statement - (EIS) 4
7. Aerial Photograph - (with habitat areas identified) 5*
8. Completed Utility Provisions Statement (with required 4
attachments and sketches)
9. Traffic Impact Statement - (TIS) (Trip Generation) 7
10. Historical & Archaeological Surveyor Waiver 4
Application
11.' Copies' of State and/or Federal Permits 4
12. Architectural Rendering of Proposed Structure(s) 4
13. Electronic copy of all documents and plans 1
14. Application Fee = $6000.00 -
Comprehensive Plan Consistency Review = $750.00
Fire Code Review Fee = $100.00
Check shall be made payable to:
Collier County Board of Commissioners
15. Letter of no objection from the United States Postal 1
Service.
16. Other Requirements-
* Additional Documents required for Long-Range Planning Review.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this cbecklist is included in
this submittal package. I understand iùIure to include all necessary submittal information may result in the delay of
processing this petition. '
if~1
ate
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103
TRAFFIC IMPACT STATEMENTITIS):
Agenda Item No. 17B
February 8, 2005
Page 35 of 43
A TIS is required unless waived at the pre-application meeti?g. The TIS required may be either a major
or minor as determined at the pre-application meeting. Please note the following with regard to TIS
submittals:
:MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although
based on the intensity or unique character of a petition, a major TIS may be required for petition of ten
acres or less.
MAJOR TIS: Required for all other rezone requests.
A minor TIS shall include the following:
1. Trip Generation: Annual Average Daily Traffic
(at build-out) Peak Hour (AADT)
Peak. Season Daily Traffic
Peak Hour (pSDT)
2. Trip Assignment:
Wit1rin Radius of Development Jnfluence (RDI)
3. Existing Traffic: Within RDI
AADT V o1umes
PSDT Volumes
Level of Service (LOS)
4. Impact of the proposed use on affected major thoroughfares, inc1uiling any anticipated changes in level of service (LOS).
5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress
point, or providing turn or decellanes or other improvements.
6. Describe any proposal to mitigate the negative impacts on the transportation system.
7. For Rezones Only: State how this request is cODSistent with the applicable policies of the Traffic Circulation
Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 104,4.4,5.1,5.2,7.2 and 7.3.
A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the
following:
1. Intersection Analysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. PlannedlProposed Roadway Improvement
6. Proposed Schedule (phasing) of Development
,-
APPLICATION FOR PUBLIC BEARING FOR STANDARD REZONE - 4114/03
Agenda Item No. 178
TRAFFIC IMPACT STATEMENT mS) STANDARDS: Fetp~~i386 ~f~~
The following standards shall be used in preparing a Traffic Impact Statement for submittal in
conjunction w~th a conditional use or rezone petition:
1. Trip Generation: Provide the total traffic generated by the project for each link within the project's
Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering
principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE)
Trip Generation Report shall be used unless documentation by the petitioner or the County justifies
the use of alternative rates.
2. Trip Assisroment: Provide a map depicting the assignment to the network, of those trips generated
by the proposed project. The assignment shall be made to all links within the RDI. Both annual
average and peak seasonal traffic should be depicted.
3. Existin2 Traffic: Provide a map depicting the current traffic conditions on all links within the RDI.
The AADT, PSDT, and LOS shall be depicted for all links within the RDI.
4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier
County Generalized Daily Service Volumes as set forth in the TCE of the GMP.
5. Radius of DeveloÐment Influence (RDI): The TIS shall cover the least of the following two
areas:
a) an area as set forth below; or,
b) the area in which traffic assignments from the proposed project on the major thoroughfares
exceeds one percent of the LOS "C".
Land Use
Distance
Residential
5 Miles or as required by DRI
Other (commercial, industrial, institutional, etc.)
o - 49, 999 Sq. Ft. 2 Miles
50,000 - 99, 999 Sq. Ft. 3 Miles
100,000 - 199,999 Sq. Ft. 4 Miles
200,000 - 399, 999 Sq. Ft. 5 Miles
400,000 & up 5 Miles
In describing the RDI, the TIS shall provide the measurement in road miles from the proposed
project rather than a geometric radius.
6. Intersection Analysis: An intersection analysis is required for all intersections within the RDI
where the sum of the peak-hour CIÌticallane volume is projected to exceed 1,200 Vehicles Per
Hour (VPH).
7. Back2round Traffic: The effects of previously approved but undeveloped or partially developed
projects that may affect major thoroughfares within the RDI of the proposed project shall be
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14103
,,-
8.
9.
. Agenda Item No. 178
provided. This information shaIl be depicted on a map or, alternatively, in i". #~e
projects and their respective charaeteristics. 0
Future Traffic: An estimate of the effects of traditional increases in traffic resulting from
potential development shall be provided. Potential development is that which may be developed
maximally under the effective Future Land Use Element (FLUE) and the Collier County Land
Development Code. This estimate shall be for the projected development areas within the
projects RDI. A map or list of such lands with potential traffic impact calculations shall be
provided.
Throueh Traffic: At a minimum, increases in through traffic shall be addressed through the year
2015. The methodology used to derive the estimates shall be provided. It may be desirable to
include any additional documentation and backup data to support the estimation as well.
10.
PlannedIPronosed Roadwav Imorovements: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitments shall also be included.
11.
Project Phasine: 'When a project phasing schedule is dependent upon proposed roadway
improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a
project are mitigated through a phasing schedule, such a phasing schedule may be· made a
condition of any approval.
Al'PLICATION. FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03
UUTA~
iê .... So ¥ r,T 1. !'"..i..
. E.'1gin=s . SU!vßyors &. Mapp::rs
. Pi2<"IDßrs . Pm.\ec, iV.ænagers
Agenda Item No, 17B
February 8, 2005
Page 38 of 43
July 1, 2004
~2004-~-6209
PROJECT #2004070001
DATE: 7/21/04
MICHAEL BOSI
Mr. Alan EI-Urfali
Project Manager
Collier County Transportation Planning
268,5 South Horseshoe Drive, Suite 211
Naples. FJ,orida 34104
Re: ('.oilier County Fleet Facility
Dear Mr. El-Urf.a1j:
In response to the CoJ1versations our firm has had With you regarding the incrèase in traffic génerated by
the proposed Cmmty Fleet Facility. Per this discussion,. we h~ve perfonned the nece.ssary trip generation
calculations for both the existing and proposed facility. .
, ..
The' existing Collier County Fleet Facility corisísts of5,100 square feet of office sþace.md'i serV1ce.báys.·
The facility is proposed to be completely replaced except for the current fueling·stati9n. 'I'þe prOposed.
facility woùld con1am 29,594 square feet of office space and 49 service stalls. '. fñè' 'exjsljt1g f~ility is
locate4 on the east side of County Earn Road, withÌn UDÏ:µ.còiporated CoIlier Cotmty, F16rida.. ,
OUr firm utili.7ed th~ Institute of Transportation Engineer's (!IE) Trip Generatí011:Report. -/' !~di1ion
(Volume ; 1 ~ 3),2003, to comþose the projected'trip ~~era.tj.on rates arid ~lumes-fot fli~I?ioj«t. ,
Following a converslltion with you on June 24, 2004, you dii-ected our office to use the foIJÓ-w'.J:1g låÌ1d use
description and calr;:uiate using either number of etnployees or number of service sW.ls:
ITE Code No.
942
Land Use Description
Automobile Care Center .
. Our firm used the number of Service stalls to develop the requested trip generation. The existing weekday
p.m. peak hour of adjacent street traffic is 15.19 (7*2.17). The proposed weekdayp.m. peak hour of
adjacent street traffic is 106.33 (49*2.17). Therefore. the gross increase is 91.14 (106.33-15.T9).
A description of the ITE land use is attached. If you have questions, please contact o':lf office.
Dwight Nadeau
Planning Manager
RW A, Inc.
CC: Dalas Disney, Disney & Associates
Enclosure(s)
N :\2002'02-0157.00 Collier County Fleet Facility\OOO5 Rezoning &. Conditiona1 Use Applications\EI Urfalj Trip Gen 6-2S-04.doc
3050 North Horseshoe Drive, Suite 270, Naples. Florida 34104. (239) 649-1509, fRY: (?~Q\ ~4Q_7n"A. .....n.' M"~"ILr"''' ..,.,....
-
Automobile Care Center
(942)
Averøge Vehicle Trip Ends vs: 1000 Sq. Feel Occ. Gr. Leeseble AreI
On a: Weekday,
P.M. Peek Hour of Generator
Number of Studies: 5
Average 1000 Sq. FeeIOGl.A: 12
DlractJonol Dislr1bullon: 51% enlering, 49"'{' exiting
Trip Gøn~lon per 1000 Sq. Feet Occ. Gr.l.8es.bla Area
I A~ Role ' Ronge 01 R.tee
. 4.01 2.76 . 7.14
Sta_ DevíaUon
2.51
Data Plot III1d Equation
CInIfføn ~ u.. c..tun,-ar.N'" S'-
...
: .'
: .....
./
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... ....
./
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/' /'
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. :..... ./.
:
..
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1e It
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l' 10 %I 22 123
X. 1000 Sq. Feel Ooc. Gr. uuab18 Area
X AeIuIIO"'......
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FIII8d eurttl ~ Hat given
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Land Use: 943
Automobile Parts and Service Center
DescrIption
AUIOØ1ObIIo pari> and _ cantero..n automobI1a porto f<>f <Io-It.yourulf man""""" and
"'pair. Including 1_ _~H, 011 and opar1<o plugo. Tho ...."'. may... 1011_ parts
to ...taIIon. _ parts and ...- __ aIoo pt01Iida . fuII....y of on-aIto ..JVic:_ 10'
........ eutomo-' Theoø fa_ provide _011 cllll1lerinQ and ""'""'"" long hoo.. 7
days . week. Automobile P8'18 n ..Me» centera ant 1IOmIt1m.. 1o""Ø Ul8pllrate parœII
_ .11lioii complex. A_ pat1Inloo (Land V.. 643), U..-. (I.and Uae 1148), U'"
1IUp8I1II"'" (wd Uae 114.~ quick _ vehlcle.hop (Land V101M1) Bnd _ C&lII
center (Land Use 942).... ,elaled ....s.
Additional Data
Tho silo.... aurvoyed In 2000 In _ York.
Sourœ Number
555
Automobile Care Center
(94~)
Average Vehicle Trip Ends va: 1000 Sq. Feet Oce. Gr. Leesable Area
On a: Weekdayl
Peek H~ur of Adjacent Street Traffic.
One Hour Between 4 IInd 6 p.m.
Number of Studies' 5
Average 1000 Sq. Feet OGLA: 12
DlrecUonaI Distribution: 50% entering, 50% exiting
Trip Generation per 1000 Sq. Feel Oce. Gr. Laa88ble Anoa
I Average R.t. Range of Rata
, ' 3.38 1.87 . 5.84
. Standard De¥i8tIon
2.15
Data Plot and Equation
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10 ,:_>..).¡c..-,
'"
10
T
to
" IS " IS IS 17 ,. 18 ~ fl D ~
X .1000 Sq, FtMd Occ. 131'. ~ At.
)( .........o.ta........
- .....ew..
-----.....-.,.....
.. . ....
FttItd CUrw EqUllOon: Ln(T) .o.lM Ln(X) .1.J3
Tit> Goonf1m. 7Ih EdItIon
Ins1ItuIo 01 TronopoI1atiIr. Eno'-'
1784
~
~
t,':;
, d I
ì :
,n '
i:
, I
d
1f.J I,
,:
" I
~ ¡
, .
I
\ I
,,' !
,.(; I
fl"
~I
-í~ ¡
~;. 'fr
á~~¡:
j~~ .
,r~:¡: ì
,::þ ¡
!~l ,
,,~~.n I
¡'".; I
tt}j
~~:;:l:
¡~,~~
.;',':p¡;/~,~
I:~~
.....
'.
AutomObil Ca
e reC
, (942) ßtlter
Average Vehicle Trip EI)de "". _
0.. : ' 000 Si¡. "---
e. Woet<a . '"" Occ.
Þ..M "Y, Gr. te... -
. Pa,ík HQ.~ --&b¡. A~
, "Of Generin", -..
5
12
Data Plot and EquaUon
10
'"
~
t
!
f
~
...
10
..
,.
T
x ....~.......
TIt>GorIIntiÐn,71I1E~
i
1
-j!
-I:
I
I
1/ ¡
,:.' '
iLBnd Use: 942
Automobile Care Center
Independ<mt'VIUf.bles with On.' Observation
Tho IoIIowing Irlpgonendlan _.... far 1ndeponcIont_ with only one ob_aIIon. ThI8
_10 _In IhIo 1abIo.ønIy; the.. .... no rØIed pkJIs far1hese dota.
UN..... _10 _ dalawtllr.... _ oflhe omaIllIIIIIIpIo 1iZI.
1~nt.V""abI.
"'Trip . SIze of
_In~
BII1R 'lIIdIIda
Number
of
&IIIdID
OINetlonal Dlmtbutkm
,,000 ~Foot Dœuj ·OlOOliL....blo A...
1="'::] :
,
.1
I=:===l
/
~_..........
w..kdav Lm. Peak 1<110 44 , 68% entering, 32% oxI1Ing
Hou"oI~-
TraIIIo
WHIcd8y pJ1L Peak 1.43 44 .1 Not A"aIabIl
Hour of Ad aœnISInHot
TndIIc
Weekday a.m.' Peak ,,00 ·44 , 68% entering, 32% exiting
Hcul'oIO...-o<
W_Vp-",.Peok 1.43 44 1 NoIAvoIIabIe
Hou"of Go_
S.......... 8~ 44 , 50% ent 50%
SundBy 1.304 44 '1 50% .... 50%
seMeeSleIlo
weekday L1II.rPeak '.52 '29 88% entering, 32% exiling
Hour 01 ~ S1noet
T..fI!c
W8OIioIaY p.nL PHI< 2.17 29 Not Available
Hour of Ad aconI Slrel!
Traffic
Weekday a.m.-"Peak ,.52 29 ., 88% _g, 32'!'exIIIng
Hour 01 0_
w_v p.rn: PHI< 2.17 .29' Not A\/8l1able
..tor
'2.48 '29 'I 50%_ 50% odin
:u>3 29 , 1IO%0!1I0It 110% oxJlln
11;>~. 7It1 EdIon
1782
Ino1l\Ute of Tronepo!1ation EngIneo..
7""f
Agè~
Àutomobile Care Center ::œ={~~f43
(942)
Average Vehlcte Trip Èn~ v.: 1IlOO Sq. _ Occ. Gr.1.ee.eÞle _
On e: Weekdey.
~k Hour 01 AdJe.,.nt Street Trafllc.
One Hour _.... 7 end 9 LIft.
Number 01 Studies: 5
Average 1000 Sq. Feet OGLA: 12
Direction.. DIstrIbution: 65% entering..S5% axillng
Trip Genarallon per 1000 Sq. FII8I Oéc. G~ Leasable ~ .
I A.....go Rate ::" or ~.. .
" 2.94 "" L-'" 5.29
Stendetd DoYIoIIon
2.15
Dam Plot snd Equstlon"
~._~._--
70
.. ..
..
:
_. »(_ _. .... .....h..~-:..~..·~~r·
: : ;..........:
~..../ .
)-~:>;"'~"": ..
x
"
.t
!
i
t
I
f
.
....
.
..
"
.. .)(..... ...-¿:.......::.. :
: ~........<"":: :
., __i>;i"'< '.' ..... ..........:
....;.......: : :
2111 ~~ .:
..
.. ..
..
'.'
.. -~.... ..,.
..
..
..
.-
·w.·
..
:
~
:
"
7 " . ,. 11
\I ,. 14 11 1(' 17 1t:
X..'IX1OSq. FntODc.Or.~"'"
:
:
1. .. " .. ..
x ...... Þ.-....
u.___ A.........
i
¡
il
FbdCum _Uon: ""'_
R'-.-
11..
_ oIn.n_......-.
T,.,~bt.71hElltlon
Quick Lubrication Vehicle Shop
(941)
Ends . Servicing Poslllo""
Average Vehicle Trip o:~ WMkdey,
P.M. Peak Hour 01 Ganeretor
Number of S\udlÐe: 6
Avg. Num, of SeMcing Positions: 355~ oole........ 45% e>Cltlng
Directional DisIIibu1Ion: '" ···v
Trip G_tlon per ServIcing Position
RaI1OeotAat..
I Average RaM
. UO . 325 . .,00
Standolrd DevIation
1.97
Data Plot arid Equation
11
: /
11 :
, ;/,.1~
17 /
* , .'-
Ie ;".<:
t
.. 11 .. -' /
t , ;~......~<
I .. "
"
.' þ'..
t " -'
-'
i " /
, :
I- ... : :
" .. .'
" -'
" ,- ,
-' i
/
e
. ,
,
I Poolllono
X . ....... of So_
..-__0 A_-
X ..... - - -
A' .
...... au... -: .... -
T....~'N1Edt1cro
1790
ln8IIIuIootT_..........
,I, i
~; i
.' t
. +_~I, ~
iÌ;~if
Óescrlptlon
Agenda Item No. 178
February 8. 2005
Page 42 of 43
Land Use: 942
Automobile Care Center'
An øutomobIe care centerhouaes I'UT1eroU8 ~ that pf'OYlde ~ .
..-. ouch as nopaIr and seMcing, S1Ø!1JO ~ and 10181 cover ~rtog. Quick
1- - &hop (Und u.. ~1) and _ _ and_ -(Land U.. 943)
are relaaed ~
Additional Data
Tho p.rn. pool< hour 01"'" gon.-typIcaIy __ with the _k houror1ho."""""'_.
tndIIc. .'
Tho ..... wera aurv.yod In 1968 and 1994 In F1cr1da and CaJ1fom1..
Source Numbers
2ß7, 273, 4311
T,*, G<vrønItIon, 71h Edition
1IZ-2G04-AR-'209
PRO.IIICI' II1OI4O?8Iol
DATK.71.11104
l\fICRAl!:L BOSl
1781
institute of TIBI1BpO<tatian Engineers
Agenda Item No. 178
February 8. 2005
Page 43 of 43
COLLIER COUNTY FLEET FACILITY
PUBLIC REZONING SITE PLAN
¡
l
1':_ ':'.:. ~'.iIJ.'~~ Þ#t: ~-t:"i;l'Jm!;~~ 'i'I
;1;-.1, {pfr... ~ '1"'( X:~~'1:I"
~;¡t~1"
HA ¡I.!!~,Y: ~ 1",W
~1t1.:
> >..
~~;
~>; ;~
~2;¿ ~
~'þ' ""","¡' >;3'''>
,...., ~.~
-.:,,'~
,."\ ~.\:..
;:~.~ ;t
~_ f'i,~!f~
"¡;".I':'.1,,~"':f ~...' n~f).I:<I.·f. t.W"
Agenda Item No. 17C
February 8, 2005
Page 1 of 19
--
Sheet 1 of 2
A VPLA T2004-AR6835
EXECUTIVESU~Y
Recommendation to approve Petition A VPLA T2004-AR6835 to disclaim, renounce and
vacate the County's and the Public's interest in a portion of the 35 foot wide drainage
easement located along the rear of Lots 1 through 19 and Tract B2, according to the plat of
"Santorini Villas at Olde Cypress" as recorded in Plat Book 34, Pages 47 through 48,
Public Records of Collier County, Florida, located in Section 21, Township 48 South,
Range 26 East.
OBJECTIVE: To adopt a Resolution to vacate a portion of the 35 foot wide drainage
easement located along the rear of Lots 1 through 19 and Tract B2, according to the plat of
"Santorini Villas at Olde Cypress."
--
CONSIDERATIONS: Petition A VPLAT2004-AR6835 has been received by the
Engineering Services Department from Terry Cole, P.E., from Hole Montes, Inc., as agent for
the petititioner, Stock Development, requesting the vacation of a 10 foot wide portion of the 35
foot wide drainage easement located along the rear of Lots 1 through 19 and Tract B2. A 10 foot
wide portion of the drainage easement is being requested to be vacated because the petitioner
needs the additional area to construct pools and pool decks onto the rear of the homes. A pool
has already been constructed on Lot 1 and is encroaching into the 35 foot wide drainage
easement by approximately 6.3 feet.
A letter of no objection has been received from Collier County Engineering Services
Department. The petitioner is also the Santorini Home Owners Association, Inc.
FISCAL IMPACT: Engineering Services has collected a $1,000 "Petition to Va.cate" fee
from the petitioner which covers the County's cost of advertising, recording and processing the
petition.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact
associated with this Executive Summary.
LEGAL CONSIDERATION: By adopting the Resolution the existing and propcsed pool
and pool decks will not be encroaching into the drainage easement and therefore wjIl not be
creating a title concern.
--.
Agenda Item No. 17C
February 8, 2005
Page 2 of 19
Sheet 2 of 2
A VPLA T2004-AR6835
RECOMMENDATION:
That the Board of County Commissioners,
1. Adopt the Resolution for Petition A VPLAT2004-AR6835 for the vacation of a 10 foot wide
portion of the 35 foot wide drainage easement located along the rear of Lots 1 through 19 and
Tract B2, "Santorini Villas at Olde Cypress"; and
2. Authorize the execution of the Resolution by the Chainnan of the Board of County
Commissioners and direct the Clerk to the Board to record a certified copy of the Resolution
in the Official Records; and
3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat.
PREPARED BY: Rick Grigg, Land Surveyor, Engineering Services Department.
,-"
Agcnria Item No, HC
February B. 2005
Þagf' :3 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONEHS
Item Number
Item Summary
HC
Meeting Date
This itern requires thaI all p<lrticipanl5 be SWOrrl in and Ex Parte- Di~,dor.urB be provided l:Iy
Commissir.m memb~r!';, Recommendation to approve PetiliQr. AVPLAT2004·AR6835 tQ
disclaim, renDunce and \lacßk~ tlw County's ~md the Public'!) inttm:s1 in <I pfjrtion of Ir1e 35
foot wide drainage e-3f;~men! ioc:alfJd i11011g the renr r.1f l.015 1 Ihro~l\lh 1 e ;¡nd Tract 82,
acclJrdir\g to the plat of ~SRntorinì Villas 8t OIde Cypre!;!>" as recorded in Plat B00k, 3.4, Pages
47 tt1f'Ol!gt~ 48. Public Records of Collier County, F!orida, locattd 111 Sl!cticn21, Township 48
SmJth, Range 26 E.8St..
~i8:20!J5 9:00.00 AM
Approved By
rtt()m;ts E. Kaci<, P,t:.
CO!':S Ef1ginef:rlf1{1 S<!'rvj(;en )irec::b)f
J)ôllc.
COlmnunrty Oevduprrltmt &
¡;:nvironm~n lll 5er",¡cn$
COfS Et1~ineelil\g Serviceu
1113/200£ 9:11 AM
Approved By
COrl$t,mc:e A. JDhnHon
Oþl!t~!:ions AfI<llys!
DatI?:
Community Development &
1::/I\llrot\ln~nt;J1 Set'.'i(:~s
Community DeV~ ()pl\'H'::nt It
En\llronml!!uta! Seryjc<:,:1!. Admin
1119/2005 ~\;'!¡5 PM
Approved By
Sómdr¡¡¡ Lei!
Exe¡:l..i!ìlllf! Secrelary
Date
Comrnunity Oe\}cloprnent &
Environment..! 5(;rvic~,;;
Community Dellelopmenl &
Environmental 5crvicefii )\d¡r,io.
111~i200S 4:02 PM
Approved By
.}o!lE!ph 1(. SCtE01itt
Commun¡ty (Je~'clopme!11 &
f:.nvironnlc.ntu! Servict1$ Allmif!$ ri1tQr
[)at~
C(JmfJ1u ~ity Development Ii.
EnvlrOHfnef1t.lll SIJtV!CI!:5
C01l11l\Ul'lity Dt!'I~ll1pment &
EIIV!rOnfJ"1et!h11 Service¡; Adrnfn.
1iZ3nOiJ5 tL3f:i PM
Approved By
DMB CoOtdwutDr
J~ðrnini3lr;/ t!vt~ Ä:u'lstal\1
C..It.:
County Man_ge,-'s Offic(!
Otlicr. of Manag,'!'mcnt & BI ¡Jg!!t
1l1SinW5 10:39 AM
Approved Dy
Mark á..¡¡cksrHI
BUdgt"?t An.¡IYFit
DPll~
Count)' M~n<10er'5 Offîcf.:
Ortke of Mlin;r~E'tm¡r,nt Iìo B\¡dg~
!/26:2I1DS 8:33 AM
Approved By
Mkhil¡:] Sm'lk )W~>Ö
M.an;lg~m~"! N. BUdg!f:i Ditt!c:tot
O; t'~
COIJnty Manager's Offic€
Office of Management 8. BIJdget
1!:i!ti:l005 -1"1:03 M.1
Approved By
J.lIn.c$ V. Mudd
Cotmty May!,¡gN
Date
BO-ltrd ot County
Cammhn;.ìQller8
Co.¡¡,ty Mtlnagi,'r's Qftic('!
1131120051'13 PM
Agenda Item No. 17C
February 8, 2005
Page 4 of 19
RESOLUTION NO. 2005-
A RESOLUTION OF TIlE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETITION A VPLA T2004-AR6835 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S
INTEREST IN A PORTION OF THE 35 FOOT WIDE DRAINAGE
EASEMENT WCA TED ALONG THE REAR OF LOTS I THROUGH 19 AND
TRACT B2, ACCORDING TO THE PLAT OF "SANTORINI VILLAS AT
OLDE CYPRESS" AS RECORDED IN PLAT BOOK 34, PAGES 47
THROUGH 48, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Terry Cole, P.E., from
Hole-Montes, Inc., as agent for the petititioner, Stock Development, does hereby request the
vacation of a portion of the 35 foot wide drainage easement located along the rear of Lots I
through 19 and Tract B2, according to the plat of"Santorini Villas at Olde Cypress" ,as recorded
in Plat Book 34, Pages 47 through 48, Public Records of Collier County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider vacating a portion of
the 35 foot wide drainage easement located along the rear of Lots I through 19 and Tract B2
according to the plat of "Santorini Villas at Olde Cypress" as more fully described below, and
notice of said public hearing to vacate was given as required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right
of convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests
over and across the following portion of the 35 foot wide drainage easement are hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest
and for the Public's benefit:
See Exhibit "A" attached hereto and incorporated herein.
Page 1 of2
Agenda Item No. 17C
February 8, 2005
Page 5 of 19
BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a
certified copy of this Resolution in the Official Records of Collier County, Florida, and to make
proper notation of this vacation on the recorded plat as referenced above.
This Resolution is adopted this
day of
,200S,
after motion, second and majority vote favoring same.
DATED:
A TIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Chainnan
Deputy Clerk
Approved as to fonn and legal
sufficiency:
Jennifer A. Belpedio
Assistant County Attorney
Page 2 of2
~
POB ::;
--.....
'"
-'
GRAPHIC SCALE
3h _ .J
--
( IN FEE'!'
1 inch - 50
2S
,
)
ft.
so
I
UNE
L,
L2
L3
UNE TABLE
OIRECTlON
S 00' '01"
S 00'55'0 .
N 00'55'0'· W
DISTANCE
25.00'
10.00'
'0.00'
~lle¡;ll No., 17. C
ši-iÊYÿrB}¡fì' 8 2005
~ VPLA nWl!iíiiìßf i1 9
LEGAL DESCRIP TlON:
A PARCEL OF LAND LOCA lED IN A POR1ION OF TRACT 'B- 2"
AND LOTS 1 lHROUGH 8. SANTORINI ..,LlAS AT 0l.DE CYPRESS
ACCORDING TO lHE PlAT lHEREOF AS RECORDED IN PLAT
BOOK 34. PAGES 47 THROUGH 4ð OF 'THE PVBUC RECORDS
OF COWER COUNTY. FLORIDA. BEING UORE PARTlCULARLY
DESCRIBED AS Fou.OWS:
¡COMMENCE AT 'THE NOR'THWEST CORNER OF SANTORINI VILlAS
AT OLOE CYPRESS ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 34, PAGES 47 1HROOGH 4ð OF lHE
PUBUC RECORDS OF COLLIER COUNTY. FLORIDA: lHENCE RUN
5.00-sS'01·E.. ALONG 1HE 'lÆST UNE OF SAID SANTORINI
IIILLAS AT OLDE CYPREss. FOR A DISTANCE OF 25.00 ffiT,
8 TO THE POINT OF BEGINNING OF 1HE PARCEL OF LAND HEREIN
DESCRIBED; 1HENCE RUN N.89'04'49"E.. FOR A DISTANCE OF
338.46 FEET: lHENCE RUN 5.00'SS·OO·E., F'OR A OISTANCE OF
'0.00 ffiT: lHENCE RUN 5.89'04'49"W., FOR A DISTANCE OF
338.46 FEET TO A POINT ON lHE WEST UNE OF SAID
SANTORINI IIILLAS; 'THENCE RUN N.OO·SS'O'·W.. ALONG lHE
'lÆST UNE OF SAID SANTORINI ..,LLAS FOR A DISTANCE OF
10.00 ffiT, TO 'THE PO!NT OF BEGINNING' CONTAINING 0.078
I I ACRE. MORE OR LESS.
i I 'THIS PROPERTY SUB.ECT TO EASEMENTS, RESERVATlONS OR
I I : I RES1RICl1ONS OF RECORD.
:~ BEARINGS SHOWN HEREON REFER TO 1HE WEST UNE OF
SANTORINI VILLAS AT OLDE CYPRESS ACCORDING TO lHE PLAT
lH£REOF AS RECORDED IN PlAT BOOK 34. PAGES 47
'THROUGH <18 DF 1HE PUBUC RECORDS OF COWER COUNTY.
FLORIDA AS BEING S.OD'SS'O'"E.
HOLE MONTES, INC.
CERTIFICATE OF AUlHORIZATlON LB #1772
/_ . -' ....; .;Z:.t~..ff._
/" JERRY L BIÞFELMACHER
3S' EXISTING DRAINAGE EASDAENT
S 89'04'49" W
I
C'\J 1
I 1 2 3 4 5 6 7
!:Q
::
h
C,,)
~
0:::
..; h
,
>
~
~ LEGEND
- POC POINT or COIdJ.4ENCElJENT
~ POB POINT or BEGINNING
¡ SEC-l'M\I-RGE: 21-48-25
. A
~ NI
:;-
.
"'"
P~C
NOR'TH\\£ST CORNER Of
SANTORINI 1IIll.AS AT OlDE
/ CYPRESS (P.B. 34. PG. 47)
\ i :
I N 89"04'49" E
a7/G4
NO,
Ð~S60
tM
1IIIIJS'"-UIIlI'1III'I!'IIS
950 Enco,.. Way
Nopj... F'l. 341 10
Phon.: (941) 254-2000
Florida Certlflcat. of
Authorization No.1772
· NOT A SURVEY ·
IIOII'IUD","""
111[ ...,.. JIG
111__
SfAl.DF'~
"""""'SIIM1'III
............
BY
P.S.M. 16130
STATE OF FLORIDA
SKETCH AND LEGAL DESCRIPTION
96.D80
¥ACHIDRN
,-
t
1
¡
~
!
g
..
~
P~C
NOR'THWEST CORNER OF
SANTORINI I/lUAS AT OI.DE CYPRESS
/(P.B. M. PG. 47)
HI L1, ~
I poa--l i~
I :
III L4
I 8 I! I 9
1'1
I \ I
I i I
I: I
GRAPHIC SCALE
eo 0 3D 60
~__..I ' I
( m FeET )
1 inch - eo tt..
35' EXlSllNG DRAINAGE EASEMENT
j
10'
i
10 11 12 I 13
I
i
I
I
I
I
I
I
I I
N 89'04'49" E
I
S 89"04'49" W
¡ I
1 14 ¡ 15
I !
! I
! '
I
I
~
r
~
~
~ LEGEND
~ pac POINT OF COIIMENCEMENT
: POB POINT OF BEGINNING
"á SEC- TYt4-RCE:
I 21-48-21
í All
;>
~
07/04
lWW
B-48C!1
MIl
11111115·I\m·SII\I1II5
liNE TABLE
LINE DIRECllON
L1 N B9'04'49" E
L2 . 5' ..
LJ ',,"
L4 NO"" W
i50 Enc.orw Way
Napl... FL M11D
Phon.: (~1J 254-2000
Florlel. CoriIf1coto of
AlI1t1ortzation N..1772
DISTANCE
3 3.46'
1.
10. '
" NOT A SURVEY "
IIOIYIIJD'IIIIIIOUf
11£ _1111£ /III)
11£__
SOLarA n.-DII.
UCIJI5III_
,....-
16
I
554.51'
I
17 \ 18
I
I
i
¡
I
I
,
~
554.5"
I
I
!
i
I
i
19
~
/
~
LEGAL DESCRIPllON:
A PARCEl OF LAND LOCA1BJ IN Þ. PORllON OF LOTS 9
'THROUGH 19. SANTORINI 'I/IUAS Ai GLDE CYPRESS ACCORDING
TO 'THE PLAT 'THEREOF AS RECORDED IN PLAT BOOK 34.
PAGES 47 THROUGH 48 OF 'THE PUBliC RECORDS OF COWER
COUNTY. FLORID.... BEING 1A0RE PÞ.RllCULARLY DESCRIBED AS
FQU.OWS:
COIIUENCE AT 'THE NOR1MWEST CORNER OF SANTORINt I/lUAS
AT OI.DE CYPRESS ACCORDING TO THE PLAT 1MEREOF AS
RECORDED IN PLAT BOOK 34, PAGES 47 'THROUGH 4B OF 'THE
PUBliC RECORDS OF COWER COUNTY. FLORIDA, THENCE RUN
N.B9"04·49·E.. ALONG 'THE NOR'TH liNE OF SAID SANTORINI
I/lUAS FOR A DISTANCE OF 35J.~ FEET: THENCE RUN
5.oo"55·00-E., FOR A DISTANCE OF 25.00 FEET. TO THE eaw:
OF BFG1NNING OF 'THE PARCEl OF LAND HEREIN DESCRIBED:
THENCE RUN N.BB'!)4·49"E.. FOR Þ. DISTANCE OF 554.51 FEET,
THENCE RUN S.00"55·11"£.. FOR A DISTANCE OF 10.00 FEET;
'THENCE RUN S.BB'04'49·W.. FOR A DISTANCE OF 554.51 FEET;
'THENCE RUN N.00'55·OO"W.. FOR A DISTANCE OF 10.00 FEET.
TO 'THE POINT OF BFG1NNtNG, CONTAINING 0,127 ACRE, UORE
OR LESS.
'THIS PROPERTY SUBJECT TO EASЌ:NTS. RESERVAllONS OR
RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON RE!'E! TO THE NORTH liNE OF
SANTORINI 1/ILJ.A5 AT OLDE CYPRESS ACCORDING TO 1HE PLAT
'THEREOF AS RECORDED IN PLAT BOOK 34. PAGES 47
'THROUGH 48 DF THE PUBl:JC RECORDS OF CClUJER COUNTY,
FLORIDA AS BE1Ií!G 1.¡.a9"04· 4B"£.
HOLE IADNTES. INC.
CERllF1CATE OF AUTHORIZAllON L.B 11772
'" ".
BY
/"
96.080
. - ~紑: fJl,.l~ORIDA
SKETCH AND LEGAL DESCRIPTION
VA.C1ODRNB
· ---~-~_. --..-
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Attachment "B"
Agenda Item No¡ 17;:' A 1
February 8.0£00
Page 8 of 19
Date Received: ;q~. .30. Z!::C>4-
,
PETITION FORM FOR VACATION OF PLATS OR PORTIONS
OF PLATS OF SUBDIVIDED LAND
QV PL.RI'ZCJC::)4 - R 12: C::Ó835
Petition #:
Petitioner:
Address:
City/State:
S;.~k be, ~J.¡w..., .r-
'Sf)f -r;_,. (/AA/ #,ø,1 M
P~/~.f F¿ '31.1/(;3
~ "'k fl?ø,., -Jp.; ¡
9SlJ &c.,,e. W'/
V~~s FL
"# ":;r(?¿>
Telephone: S"f z.' ?:ryy .
Zip Code: 3 C¡/ø:T
Agent:
Address:
City/State:
íØ""'Y G,/~ RE.
Telephone: ZS:'I-2AÞO
Zip Code: '3~/, 0
Address of Subject Property: ~~rl?""'';,t#.· f/;fl.J q~. t?f4 C)'/"""C"(f'
Location: Section 'Z I Township '18.s Range z..¿ e Subdivision: ~
Legal Description: Lot J - / , Block Unit Plat Book 3'1 Page(s) "17- 'f'r
¿ ~~~G
Reason for Request: ))/'~,,~,,~ .¡;;:~u~ Attç.-I- /J ('!yt::.¿J.r;v~ ~ k;e. w,71 Je.-
t':: e~4t;".le y ~.." ~S-r
CurreDt ZoDing: .5 r Does this affect density? V I?
/
~~
Signature of Petitioner
~Yes 0 No
8'- ::IcJ- (:) 'I
Date
c
:::c
I hereby authorize Agent above to represent me for this petition:
7iÞ'1 111~.I f- e/'..r P, It. .
Print Name '
tl~ l>evdr~~r
(TItle)
r-...:
o.Þ
ex::
..c::..
""1:1
c:a
Please see "Policy and Procedure for the Vacation aad Annnlment of Plats or PortioDS of Plats of
Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or
mail to:
r--..>
c::::>
c::::>
..a:=.
Commnnity Development & Environmental Services Divisioa
Planaing Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
(1) If applicaat is a land trust, indicate the Dame of beaeficiaries.
(2) If applicant ís a corporation other thaD a public corporation, indicate the name of ømcers and
major stockholders.
(3) If applicaøt is a partnership, limited partnership or other business entity, indicate the name of
principals.
(4) List all other owners.
Attachment "B"
Page 4 of 4
,
Agenda Item No. 17C
February 8, 2005
Page 9 of 19
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number
527188
Date Post Date
11/18/2004 10:37:35 AM 11/18/2004
Nbr
Appl Name: HOLE MONTES
Appl Stage/Status: REVIEW STAGE NO. 1/PENDING
Address: W TERRY COLE, PE 950 ENCORE WAY NAPLES FL 34110
Proj Name: SANTORINI VILLAS
Type: RSF TAZ: 31
Subdiv Nbr: 3210
Project Nbr: 2004070040
Payor: STOCK
Fee Information
GL Account
13113832632910000000
Total
Amount Waived
$1000.00
$1000.00
Payments
Total Paid
Amount
$1000.00
$0.001
$1000.00
$1000,00 I
Pa ent Code
CHECK
Account/Check Number
3724
Total Cash
Total Non-Cash
Memo:
Cashier/location: GARRETT _S / 1
User: WILLOUGHBY_C
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:11/18/2004 10:37:59 AM
Agenda Item No, 17C
February 8, 2005
Page 10 of 19
~~\ICIŒWI 1 ~V()œt74
1069,76
(i .714 ,25 4 ,25
1234567
14 15 16
2 3 4 5 6 7
5 4 ,25 42, 2,7 0.2
SANTORINI COURTTRAC"T"'R 1
1 ¡ ,744 .25
...... ~
CD ~ 55 54 53 52 51 50
7491 1(:1
T ,. . f'V n~ "~R 2~l'(;(6¡4 ¡S9C'00'511 ¡~~¡ ~ 25900C~6oI
L.I- -It..~ ]SI(M.œ.1C:
~~m wic.ng::
I~ 0 ~5 54 53 5 5. 5
20,0 ,714 ,25
CLDt CYPRUS
...T....
TRACT C
(GOLF COURSE)
~~
~
wt·
COLLIER COUNTY
PROPERTY APPRAISER
GEOGRAPHIC
INFORMATION SYSTEM
Pan:.1 Number& and Dimetlsioll$ . BlACK
Lot NumblÞt'& -
5ubd~i.;on NlilTlN - RED
SubdÏ'llision Bou"dery Lin_ - 1.ICHi CRA,ì-.:GF
DlI:CL.AIMIUNOTlCl
~
,""EOI',o;OF' ¡. fC:W.IEllc:OUtfTfPII~A-_,_tMIO.1>"'$
~~UNfORIHF~"" Io:»IP'IWYID£í _"AADOCIES
..\7f......_rTlE...c:t\IRIOCfrsmsl...~'!I() o
l' ~ ; 74 feet
:;aoo~"'O+(T.1111¡ CCI..U.I:CrUW"" ~OPM'N ....._.en DJ'F1t$
RØ'!'I~oo.IiI"EC"'ICoI.U.~~.tTE)
_~CIIU<_fœ
AB~~ER
--~~---~------_._----_.__._-------
Agenda ft~2tN-o~~?C
Fe bruary 8, 2005
Page 11 of 19
~
Records found that match your search: 59
-
Page 1 of 3
34) '1
OLOE CYPRESS OEV L TO
OlOE CYPRESS DEV lTD
OlDE CYPRESS DEV l TD
OlOE CYPRESS DEV l TD
PERRON, RICHARD R
lE, PAUL=& MARCIA
NOR, HOWARD=& PEGGY HOlliS
OMSKI, JAMES F"& JOYCE D
EIMER, DAVID l=& ANNETTE Y
ALVARO, VICTOR H
COSGROVEJR,ROBERTJ
DANESE, NICHOLAS=& DIANE
VANSICKLE, JAMES H=& KATHLEEN
MALEK, PATRICIA A
LDE CYPRESS DEV L TD
LDE CYPRESS DEV l TD
OLDE CYPRESS DEV L TD
OLDE CYPRESS DEV L TD
OLDE CYPRESS DEV L TO
OlDE CYPRESS DEV L TO
Street Name
NO SITE ADDRESS
NO SITE ADDRESS
NO SITE ADDRESS
3067 SANTORINI CT
3071 SANTORINI CT
T
T
RINICT
RINICT
RINICT
RINICT
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
3119 SANTORINI CT
3123 SANTORINI CT
3127 SANTORINI CT
3131 SANTORINI CT
BII<IBld
81
82
83
R
Lot/Unit
1
1
1
1
1
2
3
4
5
Folio No.
--
'- I?I o.¡::
IJb.:J"'ACE:NI 0 Id¡..JEt:=~
http://www.collierappraiser.comlGetData.asp ?whichpage= 1 &pagesize=20&sqlQuery=
1/6/2005
--
Records found that match your search: 59
Page 2 of 3
Owner Name
OLDE CYPRESS DEV L TD
OLDE CYPRESS DEV L TD
DININO, JOHN M=& SUSAN R
AROL LYNN
RIDGE, SUSAN
STOCK CONSTRUCTION LLC
STOCK CONSTRUCTION LLC
SOKOLlS, WILLIAM T=& ANITA K
LONG TR, PATRICK F
STOCK CONSTRUCTION LLC
STOCK CONSTRUCTION LLC
NAPLES FMLY PRTNRSHP, THE
WARD, KENNETH C=& CAROLEJEAN P
HAM, DONALD R=& HELEN A
ALLMAN, DONALD R=& CATHY C
STOCK CONSTRUCTION LLC
STOCK CONSTRUCTION LLC
SCHULTZE, ROBERT L=& MARSHA
JOHNSON, GORDON S=& JENNIFER A
SCHEETZ, JON J=& MELANIE K
Street Name
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
ANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
NTORINI CT
NTORINI CT
NTORINI CT
CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
Agenda ~~eJo~f-k
February 8,2005
Page 12 of 19
...
BlklBldg Lot/Un
17
18
19
20
21
22
23
24
25
26
27
28
29
3D
31
32
33
34
35
36
http://www.collierappraiser.com/GetData.asp ?whichpage=2&pagesize=20&sqIQuery=
1/6/2005
-----.--
Agenda ftH~etJo?f 1C
February 8, 2005
Page 13 of 19
~
Records found that match your search: 59
-
Page 3 of 3
Owner Name
J SERIO, JOSEPH A=& WINORA G
12~9º00!»4Q4 HANSMAN, CHANDLER D
72!i9Q00!»420 WHITTLE, JOHN L=& JUDITH A
'7Z59QO_0644Q STOCK CONSTRUCTION LLC
7259Q005462 STOCK CONSTRUCTION LLC
1.259000&.488 DELLIGATTI, ROGER=& NANCY L
PYLE, ELEANOR B
LABRAKE, WILLIAM J
KNOBLAUCH, DENNIS L=& SANDRA S
LUSHER, GARY R
BURGO, RAYMOND J=& SANDRA L
ITACCO TR JOHN C=& FAITH S
AGERT, ANTHONY R=& GUDRUN W
URPHY, STEPHEN M=& CAROLYN A
JENSEN B GARY=& SUSAN L
KANDILIS, CHARLES=& ANNE
LEAVY, ROBERT M=& SYLVIA
STEINER, CURT
7259QQQS'747. HURLEY, JOHN J=& SILVIA P
_Page: 01, 02, 03
Street No.
3142
3138
3134
3130
3128
3122
3118
3114
3110
Street Name
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
SANTORINI CT
ORINI CT
SANTORINI CT
TORINI CT
ORINI CT
SANTORINI CT
ICT
TORINI CT
TORINI CT
NTORINI CT
ANTORINI CT
Blk/Bld
Lot/Unit
37
38
39
40
41
42
43
44
,
Þ-
http://www.collierappraiser.com/GetData.asp?whichpage=3&pagesize=20&sqlQuery=
1/6/2005
~-'------
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD BEARING
Cl 5.04 25.00 11'32'51' 5.03 SB5'OB'53'E
NOTE: IMPROVEMENTS ANO lJ'T1UT1ES NOT
SHOWN ARE NOT A PART OF THIS SURVEY.
SCALE 1" = 30'
.
--.0--
..
COV'D ,..
PATIO
(EXISTtNG _Z LOT 2 lOT 3 lOT 4 lOT5
~~ LOT 1 ,.mAY ''''''''' ¡¡~ ~ "mJRV ~
Z2~ ' .."'" '" D<IPW< """'" 00""" ~~
""""" '" :l~ co. w tn I C88 coo
]~ COI ... (EXISTING! .:::~ ~Sl1NO) 'E><I9TIIGJ
"''''T'." ... <¡¡~
] -,.,;
I NI COURT
61LI'(P) -L _ _ _ (TRACT"R")
7'P) ~--
N89"05'OO"E ~ (PRIVATE INGRESS & EGRESS EAS M
--f-
~O.P.C.f".
""'N&D
7
LOT 61
"'ORY -
DUf\.EX m.
~~f 5 I
IJ!
NOTES:
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Oto'THEMJl'mtLH:Œ&oW1'CMrIIOOIJIIT
AB~fNPLATIIOOI(MP.-.oe..
Of COUIEItCOUNTY, 8ElMGNOfOIo1tK)...~.
J~HT'~THNoITHOII~
AIlE NQr~ PAATOI'TItl8IU1'VEY.
I.MIDDl5CRtIEDtNlDlllaJa.ETTOAU~
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NtJRAllEDSE.AlOFAF!..~t.lŒNlm~
NtJ~JiIDDI'11ONIOR~TO~tW"$
ORR£I'ORTI8'Y~nw,¡'THEII(INl'lQPAATYOI'I
~NmEI IS PIIIOHIIII"!1iDIOfmtOUTWI'II'TTEN CONKNT
OF THE 'IONRG f'NITYOIIIPNmd
'..8I.ÆaIIFAŒNoII)~ALCONDr'I1ONtIlØlE
/IIOTEAAWlN!DAS"'PNlTOF TNlIUIWEY. N08TATf'1oØff
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.....YAFI'KT"T!4:UleORD£'IIElOPtlENtOFl1'fISl'fIIOI"EItTV.
TaÞ'A'TION& SHO¥IN fIÆ. ~ED OHH.Q,V.D. QoIt.T1.JM 01" Ice.
ODCRPT1ON 01' IE~K IS All FOUowe'.......
'.v.a.a.-UN'1'IFIm ...... TLN& IN ml IIJR\o'EY IHD WI'
HAWIEEN "'IEAaIR£DTO M UßMTED 11ORIZCHTAI.
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HAS IEÐI PMO'VIJIKI_....tMfO""""TIONH,II,SIIE&NSt.PJ'I..ED
IJYTtE ~II'IIT. fT 18 POIIIIILE TMIoTTHæE ARE DEEDe.
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\ÞoIRECO!'IDED1WHICHMAYM'FECTTlEIoU8.ECT~
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12.TM!IJIII\ICOE$CRJP1lOft~tE!ViONIaIl.<\&EDVI'ON1ME
~ENTOFI΂(JN)
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COOIDmONIOI' THI! DeIGfolA.TED.<rREÞ.1I PER a..IENT~eouE5T
REVISIONS
LEGEND
O.fOVNDn IRONROOi~IO')(F1R)
e--5ET1¡r IFtDNROO,....~
. -lET.' )I"·CDNCU'ÆMONI.AIõMTIPIM~
[!J.fOUlÐ~IIIONJWSNfIIlUR'llEYlJRI)~
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P.CP. .PEINNIrENT CON'1W)l PONf'-¡ c....· ŒHTERUNE
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CMO_ COfI1IttJQ I,TnI MET.... N>E CA~TV
If - f~flOOR U.TJI_1JIIrII1U) TEL.l:PIrtOME MER
."WELL toNe -1X!NœET'E ca _CATCH .....IN~ NUT
.. -v«TEAQ,I,TEWt.l1lE R.C.P.-RtN'Of'lCIDCCNCIIE'TePP'"
_&NrIIITMY8£YIÐt PROP.P'MIPIrIfIT'f' I;"øoofeav"TlON
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0I':-0RNI0I0'IGEEAS8&lT 11NE_.tI~l(EA88&fT
I..R: .l.NÐ8CN'E IU'J'EJII ~ IE _ Utili EAIEMENT
..~ - PV8UC vn.nv EAlSENT ue _ un.rr.,- !A8ÐoIENT
lW\Ø" tNŒ ~EACGEU EA8EMEHT
U5-I.ME~I[IEI\SEMiN"rU."AOCE&'EAEI.IiHl
9
I.ß~·()
PECII'IC If,
(EXISTING ION \ -
LOTS 1 THROUGH LOT 6
OF'
aAHTORIHI VILLAS AT OLD. CYPRUS
MRECORDEDIN
PLAT BOOK 34 PAGES "'7~
OF THE PUBLIC RECORDS OF
Cou'JER COUNTY, FLORIDA
3071 SANTORINI COURT
THIS SURVEY IS PREPARED FOR:
ANTHONy SYLVAN POOLS
CERTlFlCAi1OH:
ICERTIFYTHATTHlS8URVEY MSIMDEOHDER MY
DIRECTION AND THAT IT MEETS THE MtNINl.W TeCHNICAL
TAfrÐoI\RDðSET FOATHBY THE ~RD Of PROFEt3S1ONAt
DSURVEYORSANO IoIAPPERSIN CHAPTER'1G17~,
LORiD'.AD......S"mAT1VE CODE. PURSUANT TO SECTION
12.027, R..ORDA STATUTES
or,., CERTlflCATtON OF "11T\.E. ZONING, EASf:MENTI> OR
R.E£DOU OF ENCUMBRANCES
SIGNED(l ~
CDURT H. Gj,G¡r PSM';;;;
DATE /4, i1'{; ð~
DATE OF FiElD SURVEY 11·2~2D03
LB#7112
PSM#6D04
( C.G.S.)
Court Gregory SUrveying, Inc.
761 Tilton Court
N.pies, FIorkIa304104
(239)643-7645 ofIIœ
D..¡. 12.(18/00
___._.. _6__ ~
DEDICATIO.NS
Agenda Item No. 17G
February 8, 2005
Page 15 of 19
.- . , !
..;,;, '~',', ..:
STATE OF FLORIDA, 2
COUN TY OF COLLIER S
KNOW ALL MEN BY THESE PRESENTS, THAT .SANTOR/NI VILLAS DEVELOPMENT LLC.. A FLORIDA
LlM/TEDLlABIUTY COMPANY. AND OLDE CYPRESS DEVELOPMENT LTD.. A FLORIDA LIMITED
PARTNERSHIP, THE OWNER OF LANDS DESCRIBED HE;REON. HAVE CAUSED TH/S PLAT ENTITLED
SANTORINI VILLAS AT 'OlDE CYPRESS TO BE MÀDE AND DO HEREBY DEDICATE THE fOllOWING:
. ' .
1.) TO COLLIER COUNTY AND THE COLLIER COUNTY WA TER-~EWER. DISTRICT. THOSE AREAS INDICATE
ON THE PLA TAS COUNTY UTILITY EASEMENTS (C.U.E.). WITH NO RESPONSIBILITY FCR MAINTENAI
~TO COWER.C()UNTY, THO.SE AREAS IN'DlèATED ON lHE PLAT AS DRAINAGE EASEMENTS (D:E.)
V WITH NO RESPONSIBILITY FOR MAINTENANCE. .
3.) TO COLLIER COUNTY, ITSF"RANCHISEES AND THE NORTH NAPLES FIRE CONTROL.DISTRICT
TRACT R, AS rNDJCl\TEDONTHEPLAJ AS AN ACCES~ 'EASEMENT 'FORTHE SOLE- :
PURpOSE OF PERMIT11NG E:M~RGENCY AND SERVICE VEHICLES 'TO GAIN ACCESS. TO: THE
PLA TTED AREA W/Tli NO RES?,ONSI8 LlTY FOR MAINTENANCE. .
4.) TO ÇOLLIER COUNTY WATe:.R~SE~~ DISTRICT ALL WATÈR ÀNP SEWER UTILITY FACiUTIES
'CONSTRUCTED WITHIN THIS PLA TrED AREÄ, UPON ACCEPTANCE OF THE IMPROVEMENTS
REQUIRED BY THE APPLICABLE LAND DEVELOPMENT REGULA nONS. .
-I';j\.o SANTORINI VILLAS HOME OWNER.S ASSOCI... TION. INC., lHO!¡E AREAS INDICATED 'ON'
OTHE PLAT AS DRAINAGE EASEMENTS (D.E.) WITH RESPONSIBIL~TY FOR MAINTENANCE.
-
6.) TO SAN TORINI VILLAS HOME OWNERS ASSOCIATION. INC.. TRACT R AS INDICATED ON· THE PLAT
F'ORINGRESS. EGRESS. WITH RESPONSIBILITY FOR MAINTENANCE. SAID ROAD IS
PRIVATE AND FOR THE BENEFIT OF ALL OWNERS WITHIN THIS PLAT. TIiEIR LESSEES
AND ALL OF THEIR GUESTS AND INVlTEES.. .
7.) TO SANTORINI VILLAS HOME OWNERS ASSOCIATlO~, INC., TRACTR AS INDICATED ON 'THE PLAT
fOR DRAINAGE AND UTILITY PURPOSES AND FOR MAINTENANCE THEREOF, . .
AND SHALL BE SUBJECT TO AND NOT INCONSISTENT WITH USE BY COLLIER COUNTY OR THE
COLLIER COUNTY WATER-SEWER DISTRICT AS A COUNTY UTILITY EASEMENT (C.U.~.)~
6,) TO THE SANTORINI VlL:LAS HOME O'M'lERS ASSOCIATION, INC., A NON-EXÇLUSIYE EASEMENT OYEF
ACROSS AND UNDER ALL AREAS. SHOWN AS LANDSCAPE' ~UFf~R EASEMENTS (L.B..E.) ON THE PI
THE LANDSCAPE BUFFER EASEMENTS SHALL BE fOR THE PURPOSE OF INSTALLATION AND MAINl
OF LANDSCAPE MATERIALS. IRRIGATION LINES, COMMUNITY SIGNAGE. FENCING. SIDEWALKS AND 0
MATERIALS NORMALLY INCORPORATED INTO LANDSCAPE BUFFER AREAS.
-------. - -- -- -.. --- ~_..._.~
-- --
-~
COpy OF PLAT
"SANTORlNI VILLAS AT OLDE CYPRESS"
P.B. 34, P. 47
...~-----~
/'
/'"
n..', _ .___.___ _...__. ..
--SANTORIHI VILIASA T OLDE CYPRESS
^ ¡¡PYLAT OF' TRACT 6, OWE CYPJ¡~SS, UN[, , ONE '
PLAT BOOK :I;~, PAC;[:S 1 TlillOUGH 11
A POH'I'ION Of" SECTION ;~I, 'fOWNëHIF' 411 SOUTH, RAN(;E 26 EAST
COLLIER COU~TY, \'J.OHJDA
9 n
e(;!jx ,R
BJ!'
Page 16 of 19
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Agenda Item No. 17C
February 8, 2005
Page 17 of 19
COLLIER COUNTY GOVERNMENT
COMMUNlTY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION
November 2, 2004
ENGINEERING SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
Mr. Terry Cole, P.E.
Hole Montes, Inc.
950 Encore Way
Naples, FL 34110
RE: Partial Width Drainage Easement Vacation
Santorini Villas at Olde Cypress
Dear Mr. Cole:
I have reviewed the proposed vacation of the southern 10' of the existing 35-foot wide drainage
easement along the northern boundary of the referenced project. A copy of the approved South Florida
Water Management District pern1Ìt modification was provided along with a sketch of the proposed
berm and security wall for the adjacent development (Satumia Falls) to the north. It is proposed that a
portion of the existing swale within this existing drainage easement will be filled. The swale is
designed to intercept historic sheetflow from properties to the north, but with the construction of
Satumia Falls, that sheetflow source will be eliminated. The Santorini Villas at Olde Cypress
developer, Stock Development with an address of4501 Tamiami Trail N., Suite 300, Naples, Florida
34103, will ensure that the existing swale continues to function until the Satumia Falls berm is
constructed. By accepting this letter, Stock Development agrees to assume full responsibility for the
ensuring that the swale is fully functional to original design capacity until the perimeter benn for
Satumia Falls is properly constructed to eliminate the sheetflow source. .
Based upon the previously stated understanding, the vacation of the southern 10' of the existing 35'
drainage easement is acceptable. Since the Property Owner's Association is responsible for the
maintenance of the drainage easement area, they must also approve of the vacation. This drainage
easement vacation is for a private development stormwater management system and is not part of a
publicly maintained stormwater facility. This letter of no objection represents the position of
stormwater staff trom both the Engineering Services Department and the Stormwater Management
section of the Road Maintenance Department.
If you have any questions please do not hesitate to contact my office.
Sincerely,
?'~t..z.
Principal Project Manager
cc: Tom Kuck, P.E., Director, Engineering Services Department
Ricardo Valera, P.E., Director, Road Maintenance Department
D.E. Vacation File F:ESDILONO Docurnents/Santoriní Villas at OJde Cypress D.E. Vacation LON02.doc
PHONE (941) 659-5744
F}ù{(941) 643-6968
www.co.collier.f1.us
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Agenda Item No. 17E
February 8, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Adoption of an Ordinance of the Board of County Commissioners of Collier County, Florida
Itmending Section 74-201 (g) of the Collier County Consolidated Impact Fee Ordinance, 2001-
13, as amended, which is Chapter 74 of the Collier County Code of Laws and Ordinances, to
provide for a change in the timing of the submittal of applications for participation in the
"Immokalee Residential Impact Fee Deferral Program" in order to allow for more effective
and efficient management of this program
OBJECTIVE: Adoption of an Ordinance amending Section 74 -20 1 (g) of the Collier COl.mty
Consolidated Impact Fee Ordinance, 2001-13, as amended, which is Chapter 74 of the Collier
County Code of Laws and Ordinances, to provide for a change in the timing of the submittal of
applications for participation in the "Immokalee Residential Impact Fee Deferral Program" in order
to more ful1y utilize the program.
CONSIDERATIONS: On November 18, 2003 the Board of County Commissioners adopted
Ordinance number 2003-63, amending the impact fee regulations in Chapter 74 of the Collier
County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance
(CIFO), 2001-13, as amended, and establishing the Immokalee Residential Impact Fee Deferral
Program (Program) which allows for the deferral of certain impact fees for residential development.
p--"
Currently, potential participants in the Program must apply for the Program prior to the issuance of
the building pennit for the new construction, however, in many cases, the qualified applicant has not
been identified, and therefore cannot meet the application criteria. This amendment proposes to
change the timing for the submittal of applications to "prior to receiving a Certificate of Occupancy
(CO) for the proposed development." This change will require the impact fees to be paid in full at
issuance of a building permit, as required by the County's impact fee regwations. Upon application
by a qualified applicant and the recording of an impact fee deferral agreement, a request for
reimbursement of the impact fees previously paid may be fi1ed.
Under the proposed change, the County would not reimburse impact fees until an required approvals
and a recorded deferral agreement was in place. This policy eliminates the potential for the impact
fees to be under-collected or returned in error because the deferral agreement stands in lieu of the
payment of the impact fees.
The proposed change to the CIFO will allow the Program to be managed more efficiently by both
the County and the development community, provide more effective service to Collier County
citizens qualifying for this housing program, offer assistance to qualifying developments relative to
the increased impact fee rates and contribute to the availability of additiona~ new affordable
workforce housing in the Immokalee area.
FISCAL IMP ACT: The adopted Immokalee Residential Deferral Program is funded by the
General Fund and the Immokalee Community Redevelopment Area (CRA), through the use of the
Tax Increment Financing (TIP) funds associated with the qualifying dwel1ing units. The qualifying
-
CIFO Amendment
Immokalee Deferral Program
Page 2
Agenda Item No. 17E
February 8, 2005
Page 2 of 5
party will enter into a deferral agreement with Collier County and the defelTal agreement will stand
in lieu of payment of the applicable impact fees.
When the term of defelTal is complete, either by TIF and General Fund payments or the obligation to
pay being realized through the sale, transfer or re-financing of the subject development, the
applicable impact fees will have been paid in full. However, the lien on the subject property will
remain until the property is sold, transfelTed or refinanced, at which time the amount of the impact
fees will be repaid to the CRA Trost Fund and General Fund on a pro rata basis.
The requirement to pay the applicable impact fee is not waived, therefore, each qualifying
development will be required to pay its fair share of the cost of capital infÌ'astructure improvements
and/or additions necessitated by growth and the Impact Fee Trost funds will ultimately receive
payment of tbe fees in full.
GROweR MANAGEMENT IMPACT: Based upon the regulations set forth in the CIFO, the
defelTal program will be funded partially by a portion of the TIP funds generated by the qualifying
residential units and allocated to the Immokalee CRA, in addition to funding fÌ'om the General Fund.
Therefore, although additional demand will be placed on the various Public Facilities related to the
population growth, the qualifying developments will pay their fair share of the cost associated with
providing necessitated capital improvements.
LEGAL CONSIDERATIONS: The proposed text changes to amend Chapter 74 of the Collier
County Code of Laws and Ordinances are internally consistent, comply with all applicable
constitutional and general law, and are legally sufficient for Board consideration and approval.
RECOMMENDA TJON: That the Board of County Commissioners adopt the attached Ordinance
amending Section 74 -201 (g) of the Collier County Consolidated Impact Fee Ordinance, 2001-13, as
amended, which is Chapter 74 of the Collier County Code of Laws and Ordinances, to provide for a
change in the timing of the submittal of applications for participation in the "Immokalee Residential
Impact Fee DefelTal Program" in order to allow for more effective and efficient management of this
program.
Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES
-
Item Number
Item Summary
Meeting Date
/\gonda Item No. 17E
Ft:.tHi.!arý 8, Z005
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
HE
Adoption of [It) Ordin,mcf.' of the Boord of County Commis,!'iioners of Coliíer County. Floríd~'
amending Section 74-201 (gì of the CoUier County CDIlSolid.':lted imp,:¡M Fe!'; Ordjr,rmr.p.
2001·13. W3 fimended, '.'I1ich is ChapIn 74 uf the Coilier CtJtmty Code 01 Luws and
On:linanœ!'., tr: provide (or" c;nange IrI th~ timing of the s.uhmil1.al o,1f application,> for
p8liicipatiol1 in t.he "Immokalee Re.sidentifi.! Impad Fe!:: Df.."ferral Program" in orj~r to aHow for
morc clfeclive 3f1d e1'fident managefTlcm of tt1i$ program
2/3/2.0059:00,00 AM
Preparrd By
Impact Fee ManagN
1/::I612U05 1:32:09 PM
Amy Pm-tenmn
Community ()I!!....elopmcl1t &.
Etwironrnenta! Se.rvic(I.'i.
D;: ft!
Fina.n[;i.~¡ Admin 8. HOU1õing
P;;Itrick. G. White
A5:Ü<¡.tQnt GOI.H'lty Attorney
Di'!t~
Approved By
County Attorn!!}'
COU!1ty Mtarn!!y Olfk;~
1i26(2005 2:1ti PM
Approved By
Ol!!11tcm B.aker
Commurdty Deve!opm~nt &.
En'lliror1lT1€nt¡:¡! SE:r....ic€~
f'mant:ióll Admin & HUU<iing )imdCl
Date
¡:in.~!'ci~1 Admin. & HOlJsmg
1I28¡200S 3"25 PM
S3ndr¡¡ Le;¡¡
ExectJti'l~ SeCr!!tMY
Date
Approved By
c;onlmt!l1ily OC"llI,'::!opmr.nt &
[nvironme;ntal Service£.
Gomm\¡nity Deyeloprnent ~
Environmental Sendeell. Admin
1IUJ/¡OO!'} 4:Ci PM
!Jper~tit1ntò AI1!1.!yst
D-'lle
Approved By
COl1stSI\Ct' A. Johnson
Commurdty D~v\1IQprn~ru 8.
Enviroflm,~ntat 5ervk:N¡
G{)mtn~nìW nf!V"f!lopml!'n¡ &.
;:::l1v¡roml1"'f1t~1 SNvk;e~¡ Admir..
1/:o'&iZOD5 4:03 PM
.Ioseph K, Schmitt
Dale
Approved By
Gomtll\ir!'W Dr.-vdopmcnt "-
Erwironme-ntai Sendee:>.
COl1'1munj~y DevelDpment &.
Enviranmc¡,t:¡1 !:)elvÜ;.e. Ár.!miNilr3tor
Gonlll1unity Df.''E':¡opITll~nt ,~~
Envjrcnn1ent,~j SNvic(:'s ^dmh~
r¡:ßí;.'OQ5 '11:[.7 AM
J~dn>injstr3tiv~ Ä"!:Ijst<irot
D3b:
Approved Ðy
OMB CD{HdJni.1tm
County Managcr'!\ Offi~e
OffiC£1 of MmutGc-m(W1 & Rudgl"t
1i2sr200S 1'11 PM
('h.H 9~1 A¡\;)!y!rt
D~le
Approved By
f,hlt" 1:¡;..ck:¡:¡)t1
County Man~g.er'! . Otfi(:\!:
OHk<!! øf Ma.nagt!nH!I1t &. Budge-t
1131!2!J0511:09 AM
Mkhael5mykDWS\o!¡
Man¡ g~!"flt:nt & Budget Ottcc:tm
Date
Approved By
Cmmty Mane',"tN'5 Offi<:.1!'
Off¡<:.E' of Ma!1i1gem('rl1t 8, f.hHtget
H31120Cl!;i :'l.:06 PM
Approved By
Jnmp.s V Mudd
Board öf CnHnty
C¡)ml'fliSSiit)ncr.~
çm!I'ty M¡;¡n¡¡ger
D,lt>?
CDI,mt}i M¡Jn;¡¡!~ef'!S Offi¡;t!
1i31í2005 2:15 PM
Agenda Item No. 17E
February 8, 2005
Page 4 of 5
ORDINANCE NO. 2005 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE COUNTY'S CODE OF LAW AND ORDINANCES, AS
AMENDED BY ORDINANCE NO. 2001-13, THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE AS
AMENDED; PROVIDING FOR A CHANGE IN THE TIME OF
APPLICATION FOR THE IMMOKALEE RESIDENTIAL IMPACT
FEE DEFERRAL PROGRAM; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, on March 13, 2001, the Board of County Commissioners (Board)
adopted Ordinance No. 2001-13, the ·Collier County Consolidated Impact Fee
Ordinance," the same being codified as Chapter 74 of the County's Code of Laws
and Ordinances, which repealed and superceded. in their entirety. all of the
County's previous impact fee regulations; and
WHEREAS, on November 18, 2003, the Board adopted Ordinance No. 2003-63,
which amended Chapter 74 by establishing the "'mmokalee Residential Impact
Fee Deferral Program" (Program) which provides for the deferral of residential
impact fees for qualified applicants within the specified Program boundaries; and
WHEREAS, the Program offers relief for new development from the increased
impact fee rates and contributes to additional. new affordable workforce housing
in lmmokalee; and
WHEREAS, the Board desires to promote and foster the availability of affordable
workforce housing in the Immokalee area; and
WHEREAS, a change in the required timing for the submittal of applications for
Program participation would allow the Program to be more fully utilized.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE. Article II, Subsection (g) in Section 74-201 is hereby amended
to read as follows:
(g) Immokalee Enterprise Zone Deferral Area.
..""
(4) Any Person seeking an impact fee deferral for a proposed owner-
occupied dwelling unit, wholly within the Immokalee Enterprise
Zone, shall file an application for deferral with the County Manager
prior to receiving any Building Permit a Certificate of Occupancy
(CO) for any such proposed Development. The application for
deferral must contain the following:
*..*
Pa.ge 1 of 2
Underlined text Is added; ¡¡tRJGI( tt1r9lo1gh text is deleted.
Agenda Item No. 17E
February 8, 2005
Page 5 of 5
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of
Collier County or any 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 portions.
SECTION THREE. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code
of Laws and Ordinances of Collier County, Florida. The sections of the
Ordinances may be re-numbered or re-Iettered to accomplish such, and the word
·ordinance" may be changed to "section: "article: or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance will immediately become effective upon the filing
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this day of . 2005.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Fred. W. Coyle, Chairman
Approved as to form
and legal sufficiency
.
Patrick G. W ita
Assistant County Attorney
Page 2 of2
Underlined text is added; 8trwek tllF9wgh text is deleted.