Agenda 03/08/2005 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
March B, 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-B3BO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Associate Pastor David Swicegood, Marco Presbyterian 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. February B, 2005 - BCC/Regular Meeting
C. February 9, 2005 - BCC/District 2 Town Hall Meeting.
D. February 15,2005 - BCC/Llsted Species Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
1. Presentation of the Advisory Committee Outstanding Member Award to
Michael Delate, Land Acquisition Advisory Committee.
4. PROCLAMATIONS
A. Proclamation to designate the week of March 6th through March 12th, 2005, as Extension
living Well Week. To be accepted by Carol Yates and Mary TarnowskI.
B. Proclamation to recognize the :larks and Recreation Department and Its staff for
becoming accredited to the National Committee on Accreditation. To be accepted by
Marla Ramsey, Public Services Administrator and the Parks and Recreation Staff.
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public Petition request by Jeff Bluestein to discuss Code Enforcement Board Case No. 97-
029 on behalf of Anthony Varano.
Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This Item requires that all participants be sworn In and ex parte disclosure be provided
by Commission members CU-2003-AR-4326: Dieudonne and Lunie Brutus represented
by Ronald F. Nino, AICP, of Vanasse Daylor, requesting Conditional Use approval in the
Village Residential (VR) zoning district for a church or house of worship for the
Tabernacle of Bethlehem Church pursuant to LDC Sections 2.04.03, Table 2 and 10.08.00.
Property Is an 0.69-acre tract located at 305 3rd Street South, In Section 4, Township 47
South, Range 29 East, Immokalee, Florida. (COMPANION ITEM TO VA-2003-AR-4327)
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B. This item requires that all participants to be sworn in and ex-parte disclosure be
provided by Commission members. VA-2003-AR-4327: Dleudonne and Lunie Brutus,
(regarding the Tabernacle of Bethlehem Church), represented by Ronald F. Nino, AICP,
of Vanasse Daylor, request the following variances in the VR zoning district for a
Conditional Use (LDC §4.02.02.E.): 1) from the minimum one-acre lot area; to allow an
existing structure on an 0.69 acre tract to be converted to a church use; 2) to reduce the
front yard setback from the required 35 feet to 20 feet; 3) to reduce the required 33
parking spaces to 19 spaces (LDC §4.04.04.G.Table 17); and; 4) to reduce the landscape
buffer on the north and south property lines from the required 15-foot type liB," to allow
a 10-foot wide type "B" buffer (LDC §4.06.02 Table 24). Property Is located at 305 3rd
Street South, in Section 4, Township 47 South, Range 29 East, Immokalee, Florida.
(COMPANION ITEM TO CU-2003-AR-4326)
8. ADVERTISED PUBLIC HEARINGS
A. An Ordinance of the Board of County Commissioners of Collier County, Florida,
amending Ordinance Number 04-41, as amended, the Collier County Land Development
Code, which includes the comprehensive land development regulations for the
unincorporated area of Collier County, Florida, by providing for: Section one, recitals;
Section two, findings of fact; Section three, adoption of amendments to the Land
Development Code, more specifically amending the following: Chapter 6 - infrastructure
Improvements and adequate public facilities requirements, including Sec. 6.06.02
sidewalk, bike lane, and greenway requirements; Chapter 10 - application, review, and
decision-making procedures, including Sec, 10.02.03.b.1. Final site development plan
procedure and requirements; Section four, conflict and severability; Section five,
inclusion in the Collier County Land Development Code; and Section six, effective date.
B. This Item was continued from the February 8 BCC meeting. Recommendation to
consider adoption of an ordinance establishing the City Gate Community Development
District (CDD) pursuant to Section 190.005, Florida Statutes.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Land Acquisition Advisory Committee.
B. Appointment of members to the Immokalee Beautification MSTU Advisory Committee.
C. Request to consider allowing the Haitian American Corporation, Inc. use of the
Immokalee Community Park in Immokalee free of charge for the purpose of holding a
Haitian Play and Art Festival to be held May 28, 2005 and May 29, 2005. (Total cost
$780.00) (Commissioner Coletta)
D. Appointment of members to the Parks and Recreation Advisory Board.
E. Discussion regarding "No Jake Brake" slgnage on 011 Well Road and Everglades
Boulevard. (Commissioner Coletta)
F. Appointment of members to the Collier County Code Enforcement Board.
10. COUNTY MANAGER'S REPORT
A. Recommendation to adopt FY06 Budget Policy.
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B. This Item to be heard at 9:30 a.m. Recommendation to review the written and oral reports
of the Advisory Boards and Committees scheduled for review In 2005 in accordance with
Ordinance No. 200155, Including the Bayshore Beautification MSTU Advisory Committee,
Lely Golf Estates Beautification Advisory Committee, Radio Road Beautification
Advisory Committee, Vanderbilt Beach Beautification MSTU Advisory Committee,
Bayshore/Gateway Triangle Local Redevelopment Advisory Board, and the Golden Gate
Estates Land Trust Advisory Committee.
C. Recommendation to award a construction contract In the amount of $25,689,039.43 to
John Carlo, Inc. and reserve $1,258,000 in funding allowances to construct road and
utility Improvements on Immokalee Road Six-Ianing Project, from U.S. 41 to 1-75; Project
No. 66042B; Bid No. 05-3788; Fiscal Impact $26,947,039.43
D. Recommendation to approve RFP #05-3770, to be posted to solicit bids for "Design-
Build" services for capacity Improvements to Immokalee Road from immediately west of
1-75 to immediately east of CR 951 Collier Boulevard", County Project No. 69101.
E. Recommendation to adopt a Resolution of the Board of County Commissioners of Collier
County, Florida directing that Ad Valorem revenues (generated from .15 mils) shall be
dedicated to Collier County's Stormwater Utility for Fiscal Year 2006 and the next
nineteen fiscal years.
F. Recommendation to authorize the purchase of long lead-time equipment, to approve the
award of Contract #05-3743 and Bid #05-3738, and to approve the necessary budget
amendment for upgrades and modifications to the Lime Softening Water Treatment Plant
Process at the South County Regional Water Treatment Plant, Project 700571, In the
amount of $3,943,270.
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
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, thlilt Item(s) will be removed from the Consent Agenda and
considered separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to grant final approval of the roadway (private) and drainage
Improvements for the final plat of "Whispering Woods". The roadway and drainage
improvements will be privately maintained.
2. Recommendation to approve for recording the final plat of "Veronawalk Phase 2C",
approval of the standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
3. Recommendation to allow County Staff to administratively issue Development
Excavation Permits and Vegetation Removal permits as required for Satumla Falls
(Terafina PUD) located in Section 16, Township 48 South, Range 26 East.
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4. Recommendation to approve for recording the final plat of "Andalucia", approval of the
standard form Construction and Maintenance Agreement and approval of the amount
of the performance security.
5. Recommendation to approve for recording the final plat of "Mediterra Parcel 125
Replat", approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
6. Recommendation to grant final approval of the roadway (private) and drainage
improvements for the final plat of "Ibis Cove Phase 2C". The roadway and drainage
improvements will be privately maintained.
7. Recommendation to grant final approval of the roadway (private) and drainage
improvements for the final plat of "Islandwalk Phase 5B" The roadway and drainage
improvements will be privately maintained.
8. Recommendation that the Board of County Commissioners approve a $43,800 budget
amendmentfrom Fund 131 Developer Services Reserves to Fund 131 Prior Year
Reimbursements to cover a refund associated with a Stewardship Sending Area
Application.
9. Recommendation to approve final acceptance of water and sewer utility facilities for
Island Walk, Phase 2.
10. Recommendation to approve final acceptance of water utility facilities for Whisper
Trace, Fiddler's Creek.
11. Recommendation to approve final acceptance of water and sewer utility facilities for
Medlterra Golf Course Rest Shelters.
12. Recommendation to approve final acceptance of water and sewer. utility facilities for
Mediterra, Unit One.
13. Recommendation to approve final acceptance of water and sewer utility facilities for
Carlton Lakes, Unit 3C.
14. Recommendation to approve final acceptance of water utility facilities for Sterling
Greens at Glen Eagle Tr J, Phase II.
15. Recommendation to approve for recording the final plat of "Veronawalk Phase 3A",
approval of the standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
B. TRANSPORTATION SERVICES
1. Recommendation that the Board of County Commissioners (1) approve a Resolution
approving, and authorizing the Chairman of the Board of County Commissioners to
execute, a Local Agency Program Agreement with the State Department of
Transportation, in which Collier County would be reimbursed up to $437,500 of the total
estimated cost of $500,000 for the design and construction of Sidewalks - Various
Locations.
2. Recommendation to approve a budget amendment in the amount of $102,986 for funds
from the Federal Transit Administration for the Collier Area Transit (CAT) system.
3. Recommendation to approve an Agreement for the conveyance of easements required
from Villas at Mandalay Development, LLC for the construction of improvements to
Rattlesnake Hammock Road between Polly Avenue and Collier Boulevard, and the
installation of an underground drainage pipe along a portion of the frontage of the
development, within Rattlesnake Hammock Road right-of-way (Project No.
60169)(Estlmated Fiscal Impact: Not to exceed $150,000.)
4. Recommendation to approve Adopt-A-Road Agreements with Freedom Tax Services
SW Florida, Landmark Naples Home Owners Association, T.J. Turf Farm, Gulfstream
Homes, Collier Cleaning Company and Marine Corps League of Naples.
Page 50f9
5. Recommendation to award Bid #05-3689 to Ground Zero Landscaping Services, Inc. for
the Bayshore Beautification MSTU Roadway Grounds Maintenance and authorize the
Chairman to execute the standard contract after review by the County Attorney's
Office.
6. Recommendation to award a contract in the amount of $530,000 to D. N. Higgins, Inc.
for the River Oaks, Palm River Subdivision culvert replacement Project (Project No.
51007), and approve a budget amendment to transfer funds in the amount of
$554,600.00.
7. Recommendation to approve the three (3) Landscape Maintenance Agreements
between the Lely Golf Estates Beautification MSTU with the Board of County
Commissioners, as governing board and (1) Lely Square Partnership, (2) Earl C. and
Charlotte J. Koops and (3) Buena Vida, for the landscaping and maintenance on St.
Andrews Boulevard.
8. Recommendation to accept a final status report from the 1-75/Golden Gate Interchange
Ad Hoc Advisory Committee.
C. PUBLIC UTILITIES
1. Recommendation to authorize purchase of a Pilot Water Filtration Unit for the South
County Water Treatment Plant 12-MGD RO Expansion and award Bid 05-3727, Project
70097, for $125,950.00 to Aerex Industries.
2. Recommendation to approve, execute and record Satisfactions for certain Water and/or
Sewer Impact Fee Payment Agreements. Fiscal Impact is $28.50 to record the
Satisfactions of Lien.
3. Recommendation to adopt a Resolution to approve the Satisfaction of Lien fora Solid
Waste residential account wherein the County has received payment and said Lien Is
satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special
Assessment. Fiscal impact Is $20.00 to record the Satisfaction of Lien.
4. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid
Waste residential accounts wherein the County has received payment and said Liens
are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special
Assessments. Fiscal impact Is $30.00 to record the Satisfactions of Lien.
5. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid
Waste residential accounts wherein the County has received payment and said Liens
are satisfied In full for the 1996 Solid Waste Collection and Disposal Services Special
Assessments. Fiscal impact Is $30.00 to record the Satisfactions of Lien.
6. Recommendation to approve a new easement to be deeded to Florida Power & Light
Company (FP&L) for electrical power service for the Reuse Pumping Station at the.
North County Water Reclamation Facility (NCWRF), Project 739501, for a minor
recording fee.
7. Recommendation that the Board of County Commissioners, as Ex-Offlclo the
Governing Board of the Collier County Water-Sewer District, declare the QualServe
Workshop a valid and proper Public Purpose and approve the expenditure for an on-
site QualServe Workshop in a sum not to exceed $500.00.
8. Recommendation to reject all bids for Bid 05-3766 and to provide authorization to re-
bid for "Pigging Station for Immokalee Road 30" Force Main", Project 73943.
9. Recommendation to accept five grant agreements for alternative water supply projects
from the South Florida Water Management District in the amount of $750,000.
10. Recommendation to waive the competitive bidding process and award a contract for
technical assistance to perform post Implementation review, work flow analysis &
documentation of operating procedures for Special Assessment software system and
create procedures for new County programs-(at a not to exceed cost of $99,200).
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D. PUBLIC SERVICES
1. Recommendation to award bid #05-3759 for rental of portable toilets to J. W. Craft, Inc.
at an estimated cost of $26,000 countywide.
2. Recommendation to approve application and Memorandum of Understanding for a Safe
Havens: Supervised Visitation and Safe Exchange Grant in the amount of $350,000
from the United States Department of Justice.
3. Recommendation to accept donated funds In the amount of $79.29 and approve a
budget amendment recognizing the revenue and appropriating funds for Immokalee
Community Park.
E. ADMINISTRATIVE SERVICES
1. Recommendation to approve an amendment to the external Auditing Contract 03-3497
Auditing Services for Collier County between KPMG, LLP and Collier County in an
amount not to exceed $58,100 for the purpose of performing a group health insurance
third -party administration claims audit of the County's group health Insurance claims
administrator, CBSA, Inc.
2. Recommendation to ratify a staff report on Property, Casualty, Workers' Compensation
and Subrogation Claims settled and/or closed by the Risk Management Director
pursuant to Resolution # 2004-15 for the first quarter of FY 05.
3. Recommendation to reject all responses received under Invitation to Qualify 05-3779,
Construction Services for the Vanderbilt Beach Parking Garage and reissue as a bid,
project 90295.
4. Recommendation to approve standard form contracts for use In the acquisition of
construction services, construction management services and professional services.
5. Recommendation to approve payment of $454.07 to the State of Florida Department of
Revenue for taxes due, Interest and penalty fees for late fuel tax filings in Fiscal Year
2003.
F. COUNTY MANAGER
1. Recommendation to approve Amendment No.1 to Work Order#HM-FT-05-02 under
Contract #013271, Fixed Term Professional Engineering Services for Coastal Zone
Management Projects, with Humiston & Moore Engineers for Shorebird Monitoring
related to Hideaway Beach Renourlshment, Project 90502, in the amount of $11,648.00.
2. Recommendation to Approve Two (2) Contractual Service Agreements between Collier
County and the East Naples, and Golden Gate Fire & Rescue Districts to provide Fire
Protection and Rescue Services within the Collier County Fire Control District at a cost
of $175,600.
3. Recommendation to approve a budget amendment.
G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Fiala requests Board approval for reimbursement for attending a
function serving a valid public purpose. Will be attending the 2005 Humanitarian Award
Luncheon honoring Clyde Butcher on March 11, 2005 at the Ritz-Carlton Golf Resort at
Tlburon; $100.00 to be paid from Commissioner Fiala's travel budget.
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2. Commissioner Coletta requests Board approval for reimbursement for attending the
Lincoln Day Fundraiser to be held at the Naples Beach Hotel and Golf Club on March
12,2005 sponsored by the Collier County Republican Executive Committee. This
fund raising event will have two prestigious Congressmen as keynote speakers; $75.00
to be paid from Commissioner Coletta's travel budget.
3. Commissioner Halas requests Board approval for reimbursement for attending the
Lincoln Day Fundraiser to be held at the Naples Beach Hotel and Golf Club on March
12,2005 sponsored by the Collier County Republican Executive Committee. This
fundraising event will have two prestigious Congressmen as keynote speakers; $75.00
to be paid from Commissioner Halas' travel budget.
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 designate the Sheriff as the
Official Fiscal Year 2005 Applicant and Program Polnt-of-Contact for the United States
Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice
Assistance Grant (JAG) Program, accept the Grant when awarded, and approve
applicable budget amendments.
2. 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 dated January 22, 2005 to February 18, 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, 2nd Floor, W.
Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL 34112.
K. COUNTY ATTORNEY
1. Recommendation to approve a Stipulated Final Judgment as to Parcel 139 in the
lawsuit styled Collier County v. John Aurigemma, et al., Case No. 04-344-CA (Vanderbilt
Beach Road Project 63051).
2. Recommendation that the Board authorize staff to open a Purchase Order for Gerson,
Preston Robinson & Co., P.A., to be used as an expert witness and consultant for the
County in the acquisition of wellfleld easements for the "South County Regional Water
Treatment Piant 20-MGD Wellfleld Expansion" (SCRWTP) Project No. 70892, for an
amount not to exceed $50,000.00
3. Recommendation for the Board of County Commissioners to Approve an Agreed Order
for Payment of Appraisal Fees in Connection with Parcel No.1 In the Lawsuit Styled
Collier County v. Francisco Lemus, et aI., Case No. 03-2788-CA (13th Street Project
#69068).
4. Recommendation that the Board of County Commissioners approve the Agreed Order
with Respondent, Crown Castle GT Company, LLC, In the lawsuit styled Collier County
v. Tree Plateau Co., Inc., et al., Case No. 03-0519-CA. (Immokalee Road Project Number
60018)
5. Recommendation to approve the Mediated Settlement Agreement with Respondents,
David and Barbara S. Burgeson for Parcel No. 170 In the lawsuit styled Collier County
v. Thomas F. Salzmann, et al., Case No. 03-2550-CA (Golden Gate Parkway Project
60027).
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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. This item requires that all participants to be sworn in and ex-parte disclosure be
provided by Commission members. VA·2004-AR·6793 Leobardo & Maritza Gutierrez
represented by Daniel D. Peck, of Peck and Peck, are requesting a 5·foot after-the-fact
variance in the "E" Estates zoning district from the minimum required 75-foot front yard
setback, along 47th Avenue N.E. (southern boundary), to allow a 70-foot front yard
setback for a single-family home that is currently under construction.
B. This Item has been continued from the February 22, 2005 BCC Meeting. This Item
requires that all participants be sworn In and ex parte disclosure be provided by
Commission members. PUDZ-A-2003- AR-4942 - Conquest Development USA, LC,
requesting a PUD to PUD rezone for property located on the East Side of Collier
Boulevard (CR 951) and approximately 1 3/4 Miles South of Tamlaml Trail (Us 41), further
described as Silver Lakes, in Section 10 & 15, Township 51 South, Range 26 East, Collier
County, Florida.
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
March 8. 2005
Continue Item 7 A to the March 22. 2005 BCC meetina: CU-2003-AR-4326:
Dieudonne and Lunie Brutus represented by Ronald F. Nino, AICP, of Vanasse
Daylor, requesting Conditional Use approval in the Village Residential (VR) zoning
district for a church or house of worship for the Tabernacle of Bethlehem Church
pursuant to LDC Sections 2.04.03, Table 2 and 10.08.00. Property is an 0.69-acre
tract located at 305 3rd Street South, in Section 4, Township 47 South, Range 29
East, Immokalee, Florida. (COMPANION ITEM TO VA-2003-AR-4327) (Petitioner
request.)
Continue Item 7B to the March 22. 2005 BCC meetina: VA-2003-AR-4327:
Dieudonne and Lunie Brutus, (regarding the Tabernacle of Bethlehem Church),
represented by Ronald F. Nino, AICP, of Vanasse Daylor, request the following
variances in the VR zoning district for a Conditional Use (LDC §4.02.02.E.): 1) from
the minimum one-acre lot area; to allow an existing structure on an 0.69 acre tract
to be converted to a church use; 2) to reduce the front yard setback from the
required 35 feet to 20 feet; 3) to reduce the required 33 parking spaces to 19
spaces (LDC §4.04.04.G.Table 17); and; 4) to reduce the landscape buffer on the
north and south property lines from the required 15-foot type "B," to allow a 10-
foot wide type "B" buffer (LDC §4.06.02 Table 24). Property is located at 305 3rd
Street South, in Section 4, Township 47 South, Range 29 East, Immokalee, Florida.
(COMPANION ITEM TO CU-2003-AR-4326) (Petitioner request.)
Continue indefinitelv Item 8B: Recommendation to consider adoption of an
ordinance establishing the City Gate Community Development District (CDD)
pursuant to Section 190.005, Florida Statutes. (Petitioner request.)
Withdraw Item 9E: Discussion regarding No Jake Brake" signage on Oil Well
Road and Everglades Boulevard. (Commissioner Coletta.)
Item 10C: Note: In the Fiscal Impact of the executive summary, delete all
reference to "Utility User Fees". (Staff request.)
Add Item 10G: Recommendation to terminate the Lease Agreement between Gulf
Coast Skimmers Water Ski Show, Inc. and Collier County. (Staff request.)
Continue indefinitelv Item 16A3: Recommendation to allow County Staff to
administratively issue Development Excavation Permits and Vegetation Removal
permits as required for Saturnia Falls (Terafina PUD) located in Section 16,
Township 48 South, Range 26 East. (Staff request.)
Item 16F2 should read: Recommendation to approve two Contractual Service
Agreements between Collier County and the East Naples and Golden Gate Fire &
Rescue Districts to provide fire protection and rescue services within the Collier
County Fire Control District at a cost of $176,400 (rather than $175,600 as stated
on the agenda index. The executive summary in the packet is correct.) (Staff
request.)
_'.__'_~-"-'--" .._,,---_._-,--_._--' .
Page 2
Change Sheet
March 8, 2005 BCC Meeting
Withdraw Item 16H1: Commissioner Fiala requests Board approval for
reimbursement for attending a function serving a valid public purpose. Will be
attending the 2005 Humanitarian Award Luncheon honoring Clyde Butcher on
March 11, 2005 at the Ritz-Carlton Golf Resort at Tiburon; $100.00 to be paid from
Commissioner Fiala's travel budget. (Commissioner Fiala request.)
Item 16K5: Note: One of the property owners and parties to the proposed
Mediated Settlement, Barbara Burgeson, is employed by Collier County in the
Department of Environmental Services. This property was condemned for Collier
County's Golden Gate Parkway project and approval of the proposed Mediated
Settlement does not create a conflict of interest for the Board. This is consistent
with the Commission on Ethics Opinion 78-8. (Commissioner Coyle request.)
Continue Item 17B to the March 22. 2005 BCC meeting: PUDZ-A-2003- AR-4942-
Conquest Development USA, LC, requesting a PUD to PUD rezone for property
located on the East Side of Collier Boulevard (CR 951) and approximately 1-3/4
miles south of Tamiami Trail (US 41), further described as Silver Lakes, in Section
10 & 15, Township 51 South, Range 26 East, Collier County, Florida. (Petitioner
request.)
TIME CERTAIN ITEMS:
Item 1 OB to be heard at 9:30 a.m. Recommendation to review the written and oral
reports of the Advisory Boards and Committees scheduled for review in 2005 in
accordance with Ordinance No. 2001-55, including the Bayshore Beautification
MSTU Advisory Committee, Lely Golf Estates Beautification Advisory Committee,
Radio Road Beautification Advisory Committee, Vanderbilt Beach Beautification
MSTU Advisory Committee, Bayshore/Gateway Triangle Local Redevelopment
Advisory Board, and the Golden Gate Estates Land Trust Advisory Committee.
Agenda Item No. 3A 1
March 8, 2005
Page 1 of 4
EXECUTIVE SUMMARY
PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER AWARD
TO MICHAEL DELATE
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 Advis01)' 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 cUlTently selects the Employee of the Month) evaluates and selects volunteers
wm the nomination forms.
AWARD COMMITTEE RECOMMENDATION: Michael Delate, Land Acquisition
Advisory Committee
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
_ RECOMMENDATION: That the Board of County Commissioners present the Outstanding
Advisory Committee V ohmteer Award to Michael Delate for his work on the Land Acquisition
Advisory Committee.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MARCH 8, 2005
~
COLLIER COUNTY
Agenda Item No. 3A 1
March 8, 2005
Page 2 of 4
BOARD OF COUNTY COMMISSIONERS
Item Number
3A1
Item Summary
Presentation of the Advisory Committee Outstanding Member Award to Michael
Delate, Land Acquisition Advisory Committee.
Meeting Date
3/8/2005 9:00:00 AM
Prepared By
Date
Sue Filson
Executive Manager to the BCC
2/25/200510:27:06 AM
Board of County
Commissioners
BCC Office
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
2/23/20054:21 PM
..
~
1
ADVISOR Y COMMITTEE
OurST ANDING MEMBER
NOMINATION FORM
i~ECEIVED
Agenda Item NO.3A1
DEe 3\Þ~ 2005
Pãgè 3 of 4
rlJMAN RESm!RCES
Co~r County
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 formed to assist the Board of
County Commissioners in carrying out their elected duties. All committee members who have
compJeted at least one year volunteer service on an advisory committee are eIigibJe 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 Na:, /_
íh~~/ iAre
, Date of Appointment:
, ,)..dJ'-/
Liajson4~ S_kd<i
1) Does the member strictly follow the Ordinance creating the committee?
2) Does the member have an exceHent attendance record? (At least 90% attendance or no more
than one absence in the last 12 months.)
3) Give specific examples of exemplary volunteer service.
4) Describe a uniquely innovative solution to a problem.
S) Detail an implementation of a recommendation that resulted in cost savings or increased
ka~
NO~' a 0 's Signatur~ .
.I~
I
Advis I Committee Ch rm 's Signature Date
I~-/~.o~/
Date
/-;'-/3-ðy
-
/;;'-13- ot.{
Date
On .!.$.,- 15; 2oo~(enter fate 0b Advisory Committee meeting), the above referenced Advisory
Committee votedk4ta,K. to 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.
!: Forms.' Counly Formsl Bce Forms! Ad"isof)' Committee OULSt~m¡jng Mcmh~r Norninauon Form
WWS 9.:!:!.OJ
~"""''''''''''''''''''''''''~_~''~'''"''_''''''''''''''h';''''..".".,,,
Agenda Item No. 3A1
March 8, 2005
Page 4 of4
ADVISORY COMMl'ITEE
OUTSTANDING MEMBER
NOMINATION FORM
Michael Delate has served for the past two (2) years as a member of the Conservation
Collier Land Acquisition Advisory Committee (CCLAAC), a new committee first
appointed by the Board of County Commissioners in February 2003 to assist in caITying
out the directives of the Conservation Collier Program. Mr. Delate served his first one
(1) year term as a member and as Vice Chair. He reapplied in 2004 and was appointed
for another three (3) year term, . which will expire in February 2007. He additionally
contributes as a member of the lAnds Evaluation and Management Subcommittee.
The Conservation Collier Ordinance (2002-63) is very specific in regards to criteria for
property selection and development of land management plans. Mr. Delate contributed
significantly to developing a criteria matrix, which is used by the staff as a scoring
system for evaluating how well properties meet the program criteria. Additionally, he
has reviewed initial management plans for acquired properties and has suggested
improvements, which have been subsequently adopted by the full committee.
Mr. Delate meets the attendance requirements, as he has only missed one committee
meeting in the past 12 months.
As Chairwoman of the CCLAAC, Kathy Prosser had the following to say about Mr.
Delate's contributions, "Taxpayers benefit when someone like Mike Delate serves on an
important Committee - he does his homework, listens carefully, comments to advance an
issue and shows up for every meeting, on time. It's a pleasure working with him."
Chairman of the Land Evaluation and Management Subcommittee adds the following
comments, "Mike brings an incredible wealth of knowledge as an environmental engineer
to the table and has devoted many hours to developing aranking system and working to
develop initial management plans for newly acquired properties."
Bill Poteet, the current CCLAAC Vice Chair, and the committee member who nominated
Mr. Delate wrote, "Mike always has great input to the committee. He is reflective of the
quality of our overall committee, which I personally think is loaded with talent."
Mr. Delate's nomination as Advisory Committee Member of the Month was unanimously
supported by the Conservation Collier Land Acquisition Advisory Committee during
. their regular meeting held on December 13, 2004.
Agenda Item No. 4A
March 8, 2005
Page 1 of 2
PROCLAMATION
-
WHEREAS, the health and well-being of the family is crucial to the
functioning of the NaHØII and to providing adults and youth with
the necessary skills and knowledge to help them achieve the best
quality of life possible: and,
WHEREAS, psycholøgically, socially, and emøtionally strong families provide
strength for future generations: and,
WHEREAS, the National Extensiøtt Association is a naHonwide educational
network through the land-grant universities, funded cooperatively
through the Oepartment of Agriculture, state governments, and
local county governments: and,
WHEREAS, the National Extension Association provides non-biased,
research-based information through informal education to help
adults, youth, families, farms, businesses, and cømmunlties: ØI1d,
WHEREAS, the National Extension Association Family and Consumer Sciences
educators are advocates of education for families so that the
families might gain skills for a full and productive life: and,
-
WHEREAS, the designation of the second week of March 20015 as "Extension
Living Well WeekH Is a fitting tribute to the National Extension
Association for Family and Consumer Sciences professionals who
provide education that Is critical to the quality of life for adults,
youth, individuals, and families. This includes food preparation,
føød safety, nutrition, financial management, het:rlthy lifestyles,
home and work environment and safety, relationship and
parenting skills, ØI1d much more.
NOW THEREFORE, be it proclaimed by the Board of County CommissiøMrs that
March 61ft through MCll'Ch 1 ~, ZOOð be designated tIS
EX'ŒNSION LIVINS WELL WEEK
and encourages the people of Collier County to take advantage of the
educ:atiOflQI opportunities that Extension Family and Consumer Sc;ience
educators provide. Education that can help them in raising kids, eating
right, spending smart, and living well.
OONE ANO ORDERED THIS 8th Oay of March, 200!J
BOARO OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOIUOA
FRED W. COYLE, CHAIRMAN
ATTEST:
.-
OWIGHT E. BROCK, CLERK
Item Number
Item Summary
Meeting Date
Agenda Item No. 4A
March 8, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4A
Proclamation to designate the week of March 6th through March 12th, 2005, as Extension
Living Well Week. To be accepted by Carol Yates and Mary Tarnowski.
3/8/2005 9:00:00 AM
Prepared By
Date
Kathleen Martinson
Board of County
Commissioners
Administrative Aide to BCC
2/18/200511 :37:09 AM
BCC Office
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
Date
Approved By
BCC Office
2/23/2005 9:31 AM
Leo E. Ochs, Jr,
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
2/23/2005 4:59 PM
~..-,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
_.
WHEREAS,
PROCLAAAA rrON
Agenda Item No. 48
March 8, 2005
Page 1 of 2
nearly 200 million people use løcal park and ,..creation ser'Vices afWltllly
to enlltlllCe their physica' and socia' _/I-being, all of 11Iem ..eking the
highest-quality ,..creatiøn experiences possib'e; and,
agency ..If-assesstM,,t and peer ,..view is a" exu//e"t process for
evaiuating the quality of the systwm 11Iat delivers these services; and,
i" respøt'ISC to 11Iis, 11Ie NøtionGl Cøtrtm/ttø øn Accredl1'øtio" for Public
Park and Recreatløn Ag«f/Cies was formed I" 1998 tø develop the
standards and procedures for the Natiønal Acc,..dltatløn Program and
is flOW fully ,..spønsible for the ødministrøtiøn of the progrøm; and,
øn February 18, 2005, the NøtiØlltlI Committee øn Accrwd/tatiøn for
Public Pørk and Rec,..ation Agencies cønf.",..d upon Collier County
Parks and RecNafløn the status of accredited agency: and,
through the acc,..ditatiøn process the Parks and Recreatiøn Oepørtment
has bee" measured against 1116 fltltiØlltlI standards covering Agency
Author/ty, Rø/e and Responsibility, PltlMing, Human Resources, F/scal
Policy and Management Prøgrø.m, Services A4ancrgement, Facility and
lAnd Use AAanøgetMnt, Safety and Security, Risk AAanøgement, and
Evaluatløn and Research. The Collier County Parks and Rec,..atiøn
Oepørtment has met the 36 fundametIttJI standards requl,..d and more
than "" of the ,..maining 120 standords that ØI'II requi,..d to achieve
acc,..dlted status; and,
because Collier Cøcmty Pørks and Recreatiøn is till accredited agency,
the public can be assured that it receives well-adml"istered services in
accord wl11l approved professional practices.
NOW THEREFORE, be It proclaitMd by the Bøard of County Cømmlssiøners
of Collier Cøunty, Florida that ,..cognitløn and esteem Is bestowed upøn
the Collier County Parks and Recreation Oepørtmllllt and its staff for
their achievement, which ,..flects their cønt/nued dedication to
benefitting 11Ie well-being of the people, community, and environment
of Collier Cøunty.
ÐqNE ANO OROEREO THIS 8th Oay of March, 2005
ATTEST:
BOARO OF COUNTY coWArssroNEIl5
COLLIER COUNTY, FLOIUOA
FREO W. COYLE, CHAIRMAN
-
OWISHT E. BROC~, CLERK
Item Number
Item Summary
Meeting Date
Agenda Item No. 48
Mâreh 8, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
48
Proclamation to recognize the Parks and Recreation Department and its staff for becoming
accredited to the National Committee on Accreditation To be accepted by Marla Ramsey,
Public Services Administrator and the Parks and Recreation Staff.
3/8/2005 9:00:00 AM
Prepared By
Date
Kathleen Martinson
Board of County
Commissioners
Administrative Aide to Bce
2128/20051:17:00 PM
BCC Office
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
Approved By
BCC Office
2/28/20051:22 PM
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/1/200512:39 PM
Agenda Item No. 6A
March 8, 2005
Page 1 of 2
-
-:\
COlliER COUNfY MANAGER'S OFFICE
3301 East Tamiami Trail . Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010
February 9, 2005
Jeff Bluestein. Esq.
Marc L. Shapiro, P.A.
720 Goodlette Road North, Suite 304
Naples, FL 34102
Re: Public Petition Request to Discuss CEB Case No. 97-029 on Behalf of Anthony
Varano
Dear Mr. Bluestein:
,-
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of February 22, 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.
Sincerely, .
Çles~~
County Manager
JVM/jb
cc: David Weigel, County Attorney
Joseph Schmitt, Administrator, C.D.&E.S.
Michelle Arnold, Code Enforcement Director
,-
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,
Feb 04 05 05:59p
Agenda ItemP, Q?6A
March 8,2005
Page 2 of 2
Reauest to SD88k under Public P~on
Please print
Name:
Jeff Bluestein, Esq. olblo Anthony Varano
Address:
720 Goodlette Rd. N., Ste. 304
Naples, FL 34102
Phone: 239-649-8050
Date of the Board Meetlna you wish to speak: February 22. 2005
Please explain in detail the reason you are reauesting to sDBak (attach additional
pace If necessarv):
County entered into a setttement agreement wI Mr. Varano June 24. 2003
reaarding CEB Case No. 97-029. Mr. Varano believes he substantiallY comDlied
with the terms of the settlement aareement , hoyeyer on JulY 27.2004 the BCC
authorized the CoUAW Attornev to hold him in breach and re-inltlate foreclosure
groceedlngs aaalnst the subiect prooerty.
Please exela," In detail the· action you are asking the Commission to take (attach
additional page if necessary):
We are askina the Commission to (1) acknowledge that all violations were
abated as of July 24. 2004: (2) direct the County Attorney to dismiss with
prejudice the foreclosure action brought against Mr. Varano December 9, 2004.
and: (3) revive the June 24, 2003 settlement agreement so that Mr. Varano sell
the prODertv under the terms of said aareement.
M:\Big EIu8\GreenHng, BM'I\P¡j 1c Petition Request FOI1'II[1].doc
Agenda Item No. 7 A
March 8, 2005
Page 1 of 56
EXECUTIVE SUMMARY
Petition CU-2003-AR-4326 Dieudonne and Lunie Brutus represented by Ronald F. Nino, AICP,
of Vanasse Daylor, requesting Conditional Use approval in the Village Residential (VR) zoning
district for a church or house of worship for the Tabernacle of Bethlehem Church pursuant to
LDC Sections 2.04.03, Table 2 and 10.08.00. Property is an 0.69-acre tract located at 305 3rd
Street South, in Section 4, Township 47 South, Range 29 East, Immokalee, Florida.
(COMPANION ITEM TO V A-2003-AR-4327)
OBJECTIVE:
To have the Board of County Commissioners determine whether the requested conditional use is
consistent with the Collier County Growth Management Plan (GMP) and Land Development Code
(LDC) and is in the best interest of the community.
CONSIDERATIONS:
The petitioners seek Conditional Use approval for a church or house of worship that will allow the
existing building to be converted to a church (refer to the Conceptual Site Plan for details). The
existing building most recently has served as a boarding house.
The petitioners have submitted a companion Variance petition, V A-2003-AR-4327, which will be
heard with this Conditional Use petition. In that Variance petition, the petitioners are seeking the
_ following variances for the proposed church use: 1) from the minimum one-acre lot area; to allow an
existing structure on a 0.69-acre tract to be converted to a church use; 2) to reduce the front yard
setback from the required 35 feet to 20 feet; 3) to reduce the required 33 parking spaces to 19 spaces
(LDC §4.04.04.G.Table 17); and 4) to reduce the landscape buffer on the north and south property
lines from the required 15-foot type "B," to allow a IO-foot wide type "B" buffer (LDC §4.06.02 Table
24).
Staff offered the following analysis to support the recommendation of approval:
1. Consistency with the Land Development Code and the Growth Management Plan.
As previously noted, this request is consistent with the Growth Management Plan, and with the
conditions proposed by staff, this project will comply with the LDC (provided the Variance
petition is approved). The exhibit in the Application for Public Hearing entitled "Water/Sewer
Demands" indicates that an analysis will be completed during the Site Development Plan/Site
Improvement Plan (SDP/SIP) review to determine what improvements may be required because of
the change in use. For example, the water meter size may need to be upgraded and additional
devices to address fire protection may be needed. Staff has included a condition to address water
service and fire protection. Conditions have been added to address environmental concerns raised
by Environmental Review staff during the review of the petition to ensure compliance with LDC
environmental requirements.
2. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fwe or catastrophe.
-.
G:\Current\EXECUTIVE SUMMARIES\BCC Mer 2005\Mer 8, 05\Tebemecle of Bethlehem, CU-2003-AR-4326.doc
Page 1 of 4
Agenda Item No.7 A
March 8, 2005
Page 2 of 56
Ade,&uate ingress and egress to and from the site are provided through two proposed access points
on 3 Street South. The access point on the most northerly portion of the site provides access onto
the property while limiting egress. The access point on the most southerly portion of the property
provides the main egress for vehicular traffic with no means of ingress.
3. The effect the Conditional Use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
Though the proposed land use on the subject site will generate more traffic than the neighboring
developed properties, the size of the tract and vegetation buffers should minimize the amount of
noise created by vehicular traffic that reaches and impacts neighboring properties. Additionally, no
glare or odor should be generated from the house of worship.
4. Compatibility with adjacent properties and other property in the district.
The surrounding properties are developed residentially. The limited nature of the proposed use, the
relatively small size of the tract, and required vegetation and landscape buffers should adequately
lessen any impacts on sUITouncling neighbors, thereby ensuring compatibility with the surrounding
properties.
FISCAL IMPACT:
.-
The approval of this conditional use request by and of itself wi11 have no fiscal impact on Collier
County. There is no guarantee that the project, at build out, win maximize its authorized level of
development, however, if the conditional use is approved, the existing structure may result in an
impact on Co11ier County public facilities.
The County collects impact fees prior to the issuance ofbuilcling permits to help 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
Levels 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 Co11ier County
is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project.
Other fees col1ected prior to issuance of a building pennit include building pennit review fees and
utility fees associated with connecting to the County's water an,d sewer system.
GROWTH MANAGEMENT PLAN IMPACT:
The subject property is designated (Urban) Residential, High Residential District, on the Imrnokalee
Area Master Plan Future Land Use Map of the Growth Management Plan, which allows churches.
FLUE Policy 5.4 requires new developments to be compatible with and complementary to the
surrounding land use. Staff believes a church at this location will be compatible with the surrounding
land uses. The other applicable element of the GMP for which a consistency review is required is the
Transportation Element. The Transportation Division reviewed the Traffic Impact Statement for the
subject site and did not raise any consistency issues. Therefore, this project is consistent with Policy
5.1 and 5.2 of the Transportation Element. Based upon the above analysis, staff concludes that the
proposed use for the subject site can be deemed consistent with the GMP.
-
G:\CurrentlEXECUTIVE 8UMMARIES\BCC Mer 2005\Mar 8, 05\TBbernecle of Bethlehem, CU·2003·AR·4326,doc
Pege2r:A4
Agenda Item NO.7 A
March 8, 2005
Page 3 of 56
ENVIRONMENTAL ISSUES:
The Environmental Review staff reviewed the Conditional Use petition and offered conditions to
address their concerns, however those conditions were removed by the Collier County Planning
Commission, noting that the proposed conditions would be applicable requirements for the project
when development approvals are sought and thus unnecessarily repetitious as part of the conditional
use approval. Environmental concerns will therefore be addressed when development approvals are
sought.
However, additional investigation has revealed that there are potential clearing and filling (county
issue) violations and wetland impact (South Florida Water Management District issue) violations on
the site. County staff will be citing the property owner for the alleged violations and appropriate
resolution must be taken by the property owner.
ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION:
This petition was not heard by the RAC.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard this petition on February 3,2005. Commissioner Midney made a motion to approve
the petition omitting staffs conditions 5, 6, and 7, and modifying condition 8 (now condition 5);
Commissioner Vigliotti seconded the motion. The motion passed 8 to 1, with Commissioner
Abernathy voting against the motion.
The conditions of the approval are:
1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last revised
December 7, 2004. The site plan noted is conceptual in nature for conditional use approval.
The final design must be in compliance with all applicable federal, state, and county laws and
regulations.
2. The Conditional Use is limited to the use of the existing building for a house of worship. No
expansion or enlargement of the existing building is permitted.
3. Parking within 3rd Street right-of-way is prohibited. All parking must be contained on-site.
4. The Conditional Use approval is subject to compliance with any conditions or stipulations
placed upon the companion request petition, V A-2003-AR-4327.
5. The petitioner must seek development approval, i.e., SDP or SIP, for this conditional use. The
SDP/SIP plans must reflect an improvements depicted on the site plan and the conditions noted
above. A final local developer order (SDP or SIP and building pennits) must be issued before
the building's use as a church/house of worship.
In compliance with the LDC, the CCPC made findings that: 1) approval of the Conditional Use will
not adversely affect the public interest; and 2) all specific requirements for the individual Conditional
Use will be met; and 3) satisfactory provisions have been made concerning the items included in staffs
analysis, where applicable:
-
G:\Current\EXECUTIVE SUMMARIES\BCC Mer 2005\Mer 8, 05\Tabemacle of Bethlehem, CU·2003·AR·4326.doc
Page3of4
Agenda Item NO.7 A
March 8, 2005
Page 4 of 56
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
detennination by the CCPC and the Board of County Commissioners (BCe) must be based. That
criteria is found in Chapter 10.08.D (previously LDC Section 2.6.33.4.1) of the LDC, as quoted below:
Findings. Before any conditional use shall be recommended for approval to the board of
zoning appeals, the planning commission shall make a finding that the granting of the
conditional use will not adversely affect the public interest and that the specific
requirements governing the individual conditional use, if any, have been met by the
petitioner and that, further, satisfactory provision and arrangement has been made
concerning the following matters, where applicable:
1. Consistency with this Code and growth management plan.
2. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control, and
access in case offire or catastrophe.
3. The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
4. Compatibility with adjacent properties and other property in the district.
STAFF RECOMMENDATION:
...-
That the Board approve Petition CU-2003-AR-4326 subject to the following conditions as modified
based upon the February 3, 2005 Planning Commission public hearing:
I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last revised
December 7, 2004. The site plan noted is conceptual in nature for conditional use approval. The
final design must be in compliance with all applicable federal, state, and county laws and
regulations.
2. The Conditional Use is limited to the use of the existing building for a house of worship. No
expansion or enlargement of the existing building is pennitted.
3. Parking within 3rd Street right-of-way is prohibited. All parking must be contained on-site.
4. The Conditional Use approval is subject to compliance with any conditions or stipulations
placed upon the companion request petition, V A-2003-AR-4327.
5. The petitioner must seek development approval, i.e., SDP or SIP, for this conditional use.
The SDP/SIP plans must reflect all improvements depicted on the site plan and the conditions
noted above. A final local developer order (SDP or SIP and building pennits) must be issued
before the building's use as a church/house of worship.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
-
G:\Current\EXECUTIVE SUMMARIES\BCC Mer 2005\Mer B. 05\Tebemecle of Bethlehem, CU-2003-AR-4326.doc
Page 4 of 4
ttem Number
"em Su mm.ry
Meeting D.te
Agenda 110m No. 7A
Marcl, a. 2005
Page 5 of 56
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7A
This itt'!n1 reQUìrø5 thlil aU pm'ticipnnl.<¡, be r.wom in and e'l( parte disc!osure be pravidect by
Commiuir.m ml'tmberfi: CU·2003-AR·4326: Dleudonnfl and l.uníe Bn¡tu~ reprl'5t'!l1ted DY
Ronald ¡:". Ntn!.), Ale? ofVan8.!iSe Da~lor, fequfJSljng CDnditlonel Use approval fn tho Village
Re!ioidential (VR) 7.Dni/'lQ di!:Ofrict for R ct'lurch or hOU$8 of worship fDr th\') Tabernfide of
BE'!tnlehflm ChurO, pur'iluant to L.DC 5f!ctions 2.04 .Q3, Table 2 'inn 10.06.00. PropM,y is lin
O.69-acrtlraot located at 305 3rt! Stroet SDtJth, In Section 4, 'T'ownsllip 47 Sault1, Range 29
E..t. Immek.I.., Fiend.. (COMPANION ITEM TO VA·2003-AR·4327i
3/6/2D05 9.00:0D AM
Prepared By
Pr!rICi')ild Plønntlr
2/11/200$ 10:47:53 AM
K.y Oaulem, AICF'
Communl1y Development &
Environmental Senlle._
Date
Zoning & Land Development Review
D...
Appro.ed By
S¡ t!dr;lL~
Community Develop"' ent &
Erwlto"mental $.rv¡ce101
Exe;:utìvt!; SI:Ic:r.tlltry
eClmmunlty Development 8.
En'Jlronmental Services Admin
2/17/2U05 2:56 PM
CC2f1l11tllnc:e Ä. Jt)hn~oo
Date
Approved By
Commùnity D~6lopmillnt &
Environmental Servic:ea
O~ultiOI\!~ AII81Ylt
Community Oi!'Vrtlapmrtnt &.
Environmental 511rviclnl Admin.
211&/2001) 1:0$ PM
ApprDved By
Sun" Murr.y, AIG?
('.orTImunlty DII\lft.I ")þm~nl ,.
Environmental Sa,vic.es
Zoning" Land Deysfoprnent Olrector
D.te
Zoning" Land Development Rwiew
2(1.812005 '~10 PM
Oon.ld L. Scott
Tr.n.pnl'btlon Planninn Director
Datt!
Approved By
Tr.u'I.portion ßf I'\'¡r.1t5
l'rJltIRþortation PI.nnjng
2122/200511:1.') AM
Approved By
P.ldc:k G, Whnor.
Count)' AttiCIrney
Aulsl:ant Coun1y AltQmov
o..t.
County Attorney Otfie;e-
2122/20055:1.15 PM
ChIef "Ian nor
D...
Approved By
R.y Bellow.
Community Dðvltlopment &
Envlronment...I S.rolic:iI!'.
Zo"ing & (...,"d OCl\(rrlopm~nt Review
212U2005 5:13 PM
Joaeph K. Schnlltt
Date
Approved By
Community Development &.
Environmentll! Servic"'.
Community Dllv!'tløpmlllll'1l &
Envlronmtntol S.rviQt!1i Adrn t'tlitnrtof
commtJnl1:y Development &
Etwitonment.1 Services Adn,in.
2122/200$ 5:43 F"M
N\,)rI'n E. Feder, AIC~'
Tt"nspartatlon Division h['mlnIMtratol'
D...
Approved B)'
Trtlnllportlon SIU'IIICt!#
TrlllMtmt\aUon S~rvir.fl5 Artmln
:21204/'2005 7:05 AM
Approved By
OMß CuordmU'tot
County M,wnger'/i Otl'!CIt
Artmllll$tulillill Alu.iß'l.:anl
o.ttt
ONiclt 01 Malulgf!"'iUtlt & Budgt.t
2'25/200$ 1D:16 AM
Mink !!tllck."On
ßlld~~t AnnJvsf
Dote
Apprond By
County Milnlllger'lI ()ffie-œ
Office at Man"ÇtemMt & Budget
212G/20(1!:1 12:2& PM
Approved By
Mie.h¡'1I1 Smykow.ki
Count}' Manitgø"1i Dffíc~
Management 8. Budget Díto~ ar
Dab!
oniON of Man.yelnent & audgtlt
212812005 9 :25 AM
Leo E. Ot:hM, Jr.
O.puty County Mar'l;llyer
D.te
Approved By
Board ot County
Co'nmh¡j;¡(J '~rø
County M¡ II\Þ9~r''$ ONlc;e
2,28/200S 10:48 AM
Agenda Item No. 7 A
March 8, 2005
Page 6 of 56
Co~T County
~ "-- --~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: JANUARY 6,2005
SUBJECT: PETmON CU-2003-AR-4326; TABERNACLE OF BETHLEHEM CHURCH
COMPANION ITEM: V A-2003-AR-4327
PROPERTY OWNER/AGENT:
OWNER:
Dieudonne Brutus and Lunie Brutus
P.O. Box 0386
Miami, FL 33238-0386
AGENT:
Ronald Nino, AICP
Vanasse Daylor, LLP
12730 New Brittany Boulevard, Ste. 600
Fort Myers, FL 33907
REOUESTED ACTION:
The petitioners request approval of a Conditional Use in the Village Residential (VR) zoning
district to allow a church or house of worship, as specified in Subsection 2.04.03, Table 2 of the
Collier County Land Development Code on 0.69 acres.
GEOGRAPHIC LOCATION:
The subject parcel is located at 305 3rd Street South, in Section 4, Township 47 South, Range 29
East, Collier County, Florida (refer to Location/Site Map on page 2).
PURPOSElDESCRIPTION OF PROJECT:
The petitioners seek Conditional Use approval for a church or house of worship that will allow
the existing building to be converted to a church (refer to the Conceptual Site Plan for details).
The existing building most recently has served as a boarding house.
The petitioners have submitted a companion Variance petition, VA-2003-AR-4327, which will
be heard with this Conditional Use petition. In that Variance petition, the petitioners are seeking
CU-2003-AR-4326 January 6, 2005 Collier County Planning Commission
Page 1 of 5
lIII'.1r\ . ~'____","..."..-,".;,,,,,"..,,
Agenda Item No.7 A
March 8; 2005
Page 7 of 56
the following variances for the proposed church use: 1) ftom the minimum one-acre lot area; to
allow an existing structure on a 0.69-acre tract to be converted to a church use; 2) to reduce the
front yard setback from the required 35 feet to 20 feet; 3) to reduce the required 33 parking
spaces to 19 spaces (LDC §4.04.04.G.Table 17); and; 4) to reduce the landscape buffer on the
north and south property lines ftom the required 15-foot type "B," to allow a 10-foot wide type
"B" buffer (LDC §4.06.02 Table 24).
SURROUNDING LAND USE & ZONING:
North:
East:
South:
West:
Mobile homes, zoned VR
3rd 81. S., then mobile homes, zoned VR
Mobile homes, zoned VR
A lake, zoned VR
-
....., :a
"' -- ..
VII·...... Subject
r'~·""",
AERIAL PHOTO
ZONING MAP
GROWTH MANAGEMENT PLAN CONSISTENCY:
Comprehensive Planning staff has reviewed this request and offered the following comments:
The petitioner's property is designated (Urban) Residential, High Residential District, on the
Immokalee Area Master Plan Future Land Use Map of the Growth Management Plan, which
allows churches. FLUE Policy 5.4 requires new developments to be compatible with and
complementary to the surrounding land use. Staff believes a church at this location will be
compatible with the surrounding land uses.
The other applicable element of the GMP for which a consistency review is required is the
Transportation Element. The Transportation Department reviewed the Traffic Impact Statement
for the subject site, and did not raise any consistency issues. Therefore, this project is consistent
with Policy 5.1 and 5.2 of the Transportation Element.
Based upon the above analysis, staff concludes that the proposed use for the subject site can be
deemed consistent with the GMP.
CU-2003-AR-4326 January 6, 2005 Collier County Planning Commission
Page 2 of 5
-- ,...-.-...-----
Agenda Item No.7 A
March 8, 2005
Page 8 of 56
ANALYSIS:
Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the
Planning Commission must make findings that: I) approval of the Conditional Use will not
adversely affect the public interest; and 2) all specific requirements for the individual
Conditional Use will be met; and 3) satisfactory provisions have been made concerning the
following matters, where applicable:
1. Consistency with the Land Development Code and the Growth Management Plan.
As previously noted, this request is consistent with the Growth Management Plan., and with
the conditions proposed by staff, this project will comply with the LDC (provided the
Variance petition is approved). The exhibit in the Application fur Public Hearing entitled
''Water/Sewer Demands" indicates that an analysis will be completed during the SDP/SIP
review to detennine what improvements may be required because of the change in use. For
example, the water meter size may need to be upgraded and additional devices to address fire
protection may be needed. Staff has included a condition to address water service and fire
protection. Conditions have been added to address environmental concerns raised by
Environmental Review staff during the review of the petition to ensure compliance with LDC
environmental requirements.
2. 'ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
Adequate ingress and egress to and from the site are provided through two proposed access
points on 31'11 Street South. The access point on the most northerly portion of the site provides
access onto the property while limiting egress. The access point on the most southerly
portion of the property provides the main egress for vehicular traffic with no means of
ingress.
3. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
Though the proposed land use on the subject site will generate more traffic than the
neighboring developed properties, the size of the tract and vegetation buffers should
minimize the amount of noise created by vehicular traffic that reaches and impacts
neighboring properties. Additionally, no glare or odor should be generated ftom the house of
worship.
4. Compatibility with adjacent properties and other property in the district.
The SUlTOunding properties are developed residentially. The limited nature of the proposed
use, the relatively small size of the tract, and required vegetation and landscape buffers
should adequately lessen any impacts on surrounding neighbors, thereby ensuring
compatibility with the surrounding properties.
CU-2003-AR-4326 January 6. 2005 Collier County Planning Commission
Page 3 of 5
"';"i;j"---...;,"",",~,-"-",,,-,,,;,,,,,,,,,,,,,",,,,,",,,
Agenda Item No. 7 A
March 8, 2005
Page 9 of 56
ENVIRONMENTAL ADVISORY COUNCIL ŒAc) RECOMMENDATION:
The EAC did not review this petition because the site is under the size threshold (10 acres) to
require an Environmental Impact Statement.
NEIGHBORHOOD INFORMATION MEETING:
The Neighborhood Information Meeting for this petition was held on October 24, 2002 at the
county park in Immokalee. In addition to the applicanfs agent and county staff, two persons
from the public attended the meeting. Those two persons voiced support of the proposed church
use on this site.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission recommend approval of
Petition CU-2003-AR-4326 to the Board of Zoning Appeals, subject to the following conditions:
1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last
revised December 7, 2004. The site plan noted is conceptual in nature for Conditional
Use approval. The final design must be in compliance with all applicable federal, state,
and county laws and regulations.
2. The Conditional Use is limited to the use of the existing building for a house of worship.
No expansion or enlargement of the existing building is pennitted.
3. Parking within 3rd Street, South right-of-way is prohibited. All parking must be
contained on-site.
4. The Conditional Use approval is subject to compliance with any conditions or
stipulations placed upon the companion request petition, V A-2003-AR-4327.
5. Permits or exemptions must be obtained from the South Florida Water Management
District (SFWMD) for any impacts within 25 feet of the top of bank: on the lake located
on the northern part of the property. Permits and exhibits, or exemptions, must be
supplied to the County before SDP/SIP approval.
6. The petitioners must provide a detailed native vegetation inventory at SDP/SIP submittal,
subject to review and approval by Environmental staff.
7. As part of SDP/SIP submittal, the petitioners must provide an analysis addressing the
potential need to upgrade water service or fire protection facilities. If the county
determines that additional action must be taken, the petitioner must comply at no cost to
the county.
8. The petitioner must seek development approval, i.e., SDP or SIP, within 6 months of the
approval of this conditional use. The SDP/SIP plans must reflect all improvements
depicted on the site plan and the conditions noted above. The development approval
must be issued before the building's use as a church/house of worship.
CU-2003-AR-4326 January 6. 2005 Collier County Planning Commission
Page 4 of 5
Agenda Item No. 7 A
March 8~ 2005
Page 10 of 56
PREPARED BY:
KAY DESELEM, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
RAY BELLOWS, MANAGER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
SUSAN MURRAY, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITI, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION
Collier County Planning Commission:
DATE
RUSSELL A. BUDD, CHAIRMAN
Staff report for the January 6, 2005 Collier County Planning Commission Meeting
Tentatively scheduled for the February 22, 2005 Board of County Commissioners Meeting
Attachment: Findings of Fact
CU-2003-AR-4325 January 5, 2005 Collier County Planning Commission
Page 5 œ 5
.;',·_-'"...;·...·""-'II'__...""___'~H......';;·"'"·,,.
29
27
28
17
18
15
LOCATION MAP
Agenda Item No. 7A
March 8, 2005
Page 11 of 56
...1
W. .....N I'nIUT s.~ ..2t
· ¡lil!lill
-~.- i~i~~i
tæ~mlm!
CQIJIUGO AW- C A\OfUE}
i I¡I¡I! .~~~' II
! -~·-II
PETITION IfIICU. 2003· AR· 4328
SITE MAP
4
Agenda Item No. 7 A
March 8, 2005
Page 12 of 56
APPLICATION FOR PUBLIC BEARING FOR: CONDITIONAL USE
RE-SuBMITTAL
Date Petition Received: _ CU-2003-AR-4326
}JROJECT #2002060036
Planner Assigned: DATE: 9/11/03
KAYDESELEM
Petition No.:
Commission District:
ABOVE TO BE COMPLETED. BY STAFF
1 . General Information
Name of Applicant(s) Dieudonne BrutUs
Applicant's Mailing Address PO Box 0386
. . - ..- -
City Miami
State
FL
Zip 33238-0386
Applicant's Telephone #
Fax #
Applicanfs E-Mail Address:
Nam:e of Agent RõIm1<tNîfi~AIeP---Ftmr--·Vmnmse-Daylo:c~-I;I:.P"·
----.--.
Agent's Mailing Address 12730 New Brittany Boulevard, Suite 600
City Fort Myers State
FL
Zip
33907
. Agent's Telephone # _239-437-4601
Fax # _239-437-4636
Agent's E-Mail Address:·nUno@vandav.com
COLLŒRCOUNTYCO~TYDEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-24001FAX (941) 643-6968
APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 6124/02
. ",...,,_. """"""""""~,,,.",,-.,",,,-,;;,~,".,,...c,......,,,¡.;,,,,,,""_,",,,,,,,,~.......,..".,,,<..,,.,~,,,
Agenda Item No, 7 A
March 8, 2005
Page 13 of 56
Complete the following for all Association(s) affiliated with this petition. (provide additional
sheets if necessary)
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
Mailing Address
City
State _ Zip
Name of Civic Association:
Mailing Address·
City
Statè _ Zip
_____.__~_._.n""_.._'·_,_ ._..__......_._---'-_.___..._.._ _...... ..;.,;.,..."..~..-....,';'___._. . - . ....,. .
2.' Disclosure of Interest Information:
a. If the property is oWned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as well
as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Dieudonne Bretus
Percentage of Ownership
100
APPLICATION FOR PUBLIC REARING FOR CONDITIONAL USE - 6/24/01
Agenda Item No. 7 A
March 8, 2005
Page 14 of 56
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name, Address and Office
Percentage of Stock
c.. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
Percentage of Interest
d. If the property is in the name ofa GENERAL or LJMITED PARTNERSHIP, list the
name of the general and/or limited partners.
h_ .~. _...___,._._. .._. ..
Name and Address
~ ---.------~.
Percentage of Ownership
---.-----0-,...,.------., __.._______...._..__'_______._._.____._______~__.
If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
e.
Name and Address
Percentage of Ownership
Date of Contract:
APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 6124102
-- -'-' .--
· ... Agenda Item NO.7 A
March 8,2005
f. If any contingency clause or contract terms involve additional partie~aßjt15¿w 56
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired (2/4/02) leased (X):
yr.lmos.
Tenn oflease
If, Petitioner has option to buy, indicate date of option: _N/A_ and date option
tennmates: _N/A--, or anticipated closing date _N/A
h. Should any changes of ownership or changes in contracts for purchase subsequent to
the date of application, but prior to the date of the final public hearing, it is the
responsibility of the applicant, or agent on his behalf, to submit a supplemental
disclosure of interest form.
3. Detailed leeal descriDtion of the DroDertv covered bv the aDDlication: (If space is
inadequate, attach on separate page.) If reqµest 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 survey (completed within the last six months,
maximum 1" 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
..___ílri~~ conç~gtþ.e)egaJ. ~~s.cription, an enginr:er's certificli~on or s.~aleª ~~ey may be
required.
Section:
04
Township: 47
Range:
29
Lot:
Block:
Subdivision:
Plat Book
p'~g~~:
Prop~I.D.#: 00124?6~OOO
...,...,..._~_._~...,...
Metes & Bounds Description 44729 Beg.at NE comer of West 380Ft. of 1070Ft.ofN1I2
OfSE y.¡ ofSE y.¡, Run S 150 FT. to POB Cont's S 250FT. (See attached legal)
4.
Size of DrODertv: 250
Acres _0.69
ft. X _120
ft. = Total Sq. Ft.30,000
5.
Address/eenerallocation of sublect DroDertv:
305 3rd Street South
See Location Map Exhibit "An
APPLlCA nON FOR PUBLIC HEARING FOR CONDmONAL USE - 6124/02.
Agenda Item No. 7 A
March 8, 2005
PI ·d addi' al· &". . hi h &". I· I ·t t +~age 16 of 56
e . ease proVl e any tion mLonnation w c you may Lee IS re evan 0 LLUS .
request.
Immokalee is an economically depressed community and many of its residents are
forced to walk to community services, social and religious functions, therefore it is
important that social and religious functions, a mainstay of this population be readily
available to the population. Small membership churches provide this social cohesion so
essential in this type of environment and should therefore be encouraged.
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
ci vic 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.
x Not Applicable
10. Previous land use petitions on the subiect DrODertv: 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?
:x: Not Applicable
11. Additional Submittal reauirements: In addition to this completed application, the
following must be submitted in order for your application to be deemed sufficient, unJess otherwise
waived-during the preapplication meeting...
a. A copy of the pre-application meeting notes;
b. Sixteen (16) copies of a 24" x 36" conceptual site plan [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]; See Exhibit B
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
· all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
· locations of solid waste (refuse) containers and service function areas,
· required yards, open space and preserve areas,
APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE _ 61'24102
...~---
~-;.._-'""'>,""."'>..
Agenda Item No. 7 A
March 8, 2005
The - nature of conditional uses is that they are basically compatible with ~e Jleif 56
permitted as a matter of right but for certain characteristics that require additional
eValuation for site specific application. Churches are conditionally allowed in the VR
zoning district. By inference all development otherwise allowed by the Land
Development Code is deemed to be consistent with the Future Land Use Element of the
Growth Management Plan. The VR zoning district is considered to be one of those.
zoning districts that are included in reference' to properties deemed to be "residentially
zoned", therefore, since the land is located in the Urban Residential, Mixed-Use
designated area on the FLUM. which provides for residentially zoned development this
petition is considered consistent with the FLUE because it purports to allow a use that
is conditionally permitted by said residentially zoned district (VR).
b. Describe the existing or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to automotive and pedestrian safety
and convenience, traffic flow and control, and access in case of fire or catastrophe:
An existing structure will be readapted to house the proposed church. The property
fronts on 3M Street, a local street with access to W. Main Street (S.R.29) and 1 It S~eet
South both of which are major streets. This area of Immokalee is characterized by a grid
street system that affords unencumbered access to automobile circulation. The street
system provides convenient automobile and pedestrian circulation, traffic flow and
control, and access in the case of fire or catastrophe.
no m. __ ç.L_D~sc..ribeJbe effeçUh~ co~ditio~.Y§.C!...willjlaye o~ rteigþ.þori!1g Jm>-Pert!~s ~..!'~lation to
noise. glare, economic impact and odor:
This is a'small minordeno~tiona1 church and to this extent will see limited active
use durations, although churches by their very nature irrespective of size are
characterized by peak usage on weekends and limited use during nonnal workdays. The
fact that the church has a small membership many who by economic circûmstances will
_. ________ walk to services can have no economic jmpact ~d should not have an iJ:nPac!.~p':_~~~~
on odor and glare from automobile headlight or site lighting. Noise levels should not
exceed those of nonnally associated with a residential environment. Residential
development is sparse in this area. (See aerial photograph).
d. Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the district
Churches are not by their nature invasive uses. Use is limited and depending upon its
membership, those periods when church services are held should have a minimum
impact on nearby properties. Most nearby properties are in non-residential use and
should not be impacted by a church. Given that churches are conditionally pennitted the
underlying presumption is that they are compatible with the uses permitted by right in
that zoning district.
e. Please provide any additional information which you may feel is relevant to this
request.
APPLICA nON FOR PUBLIC HEARING FOR CONDmONAL USE - 6124102
..~-
Agenda Item No. 7 A
March 8, 2005
Immokalee is an economically depressed community and many of its residents i1éJe 18 of 56
forced to walk to community services, social and religious functions, therefore it is
important that social and religious functions, a mainstay of this population be readily
available to the population. Small membership churches provide this social cohesion so
essential in tlús type of environment and should therefore be encouraged.
9 . Deed Restrictions: The County is legally precluded ftom enforcing deed. restrictions,
_however, many communities have adopted such rCstrictions. 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.
Not Applicable
10. Previous land use Detitions on the subject DrODertv: 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?
Not Applicable
11. Additional Submittal reauirements: In addition to this completed application, the
following must be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the preapplication meeting.
----_.____a_ __Acop-¥ .of. the pre~applicationmeeting notes;.. _._
---_.__. ..-.. _...- "- ---.
b. Sixteen (16) copies of a 24" x 36" conceptual site plan [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 CCPC]; See Exhibit B
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure( s) on site),
· all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
· locations of solid waste (refuse) containers and service function areas,
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to the
site),
APPLICATION FOR PUBLIC HEARING FOR CONDITlONALUSE _ 6124102
·"·''"'_~'_'"'''"'''''''>V__,"~"''''''''''",'''''''""",,,".i'.'''''..
Agenda Item No. 7 A
March 8, 2005
ed ~d/ ., 1 d . d b fti . b· ed b P..aqe 19 of 56
~. propos an or eXIsting an scapmg an u enng as may e reqwr y me
County,
. location of all signs and lighting including a narrative statement as to the type,
character, and dimensions (such as height, area, etc.);
c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC). Waiver
d. 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
boundaries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Forms Classification System.
See Exbibit "C"
e. Statement of utility provisions (with all required attachments and sketches);
See Exhibit "D"
f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
Waiver
g. 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);
.~.___._._._ ..__....___.N/Á..___. ...____.'........... ...... ....._ .. -.--..--.. ._.' ----- .
h. Any 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 pennits.
'þ..-.-- ----
-..-----..---....--------......--..--.-.--.---.-.------.-......,,.-"--;..._-,:...;.._-,..__...._--,;.-~.-:...~-
APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 6124/02
CONDITIONAL USE APPLICATION
SUBMJ:TTAL CHECKLIST
THIS COM¡»LETED CHECKLIST IS TO BE SUBMITTED WITH
PACKET!
Agenda Item No. 7 A
March 8, 2005
Page 20 of 56
APPLICATION
REQUIREMENTS #OF NOT
COPIES REOUIRED REOUIRED
1. Completed Application 16* X
2. Copy of Deed(s) and list identifying Owner(s) and all 2* X
Partners ü a COrDoration
3. Completed Owner/Agent Affidavits, Notarized 2* X
4. Pre-application notes/minutes 16* X
5. Conceptual Site Plans (including (1) 8-112 X 11 copy) 16* X
6. Environmental Impact Statement - (EIS) 4 X
7. Aerial Photograph - (with habitat areas identified) 5* X
8. Completed Utility Provisions Statement (with required 4 X
attachments and sketches)
9. Traffic Impact Statement - (TIS) 4 Modified X
10. Historical & Archaeological Surveyor Waiver 4 X
Ãpplicàtión - . _..
11. Copies of State and/or Federal Permits 4 X
12. Architectural Rendering of Proposed Structure(s) 4 X
13. Application Fee, Data Conversion Fee, Check shall be - X
"--made-payable-to"€-olHer €ounty·-Boardof-·- _. 4__ ..- - -- .- . . _. ... -
Commissioners
14. PUBLIC PARTICIPATION MEETING: X
APPLICATION SUBMITTAL:
Coey of Affi~~vit a~ting that all. property owners,
civic associations & property owner associations were
notified.
..-- - -. -- ""-"--"'-'-.' ._...~ -. .._--..:.....------- - . .. ~
Copy of audio/video recording of public meeting
Written account of meeting. RE-SUBMITT AL
15. Other Requirements - CU-2003-AR-4326
PROJECT #2002060036
DATE: 9/11/03
KAY DESELEM
.
OIl 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 checklist is
inc in· submittal package. I understand that failure to include all necessary submittal information may result in
e delay 0 roces' g . petition.
O~~að-Q3
Date
APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - fifZ4102
·"'_'_";''''''''''-w,,,,...''-,_,.,,,",,.,,,,,,,",,,_,,._,,,,,,,,,,,,
/--)
(i)
/..)
Agenda Item NO.7 A
March 8, 2005
Page 21 of 56
AFFIDAVIT
Well, ~~/ þAl being first duly sworn, depose and say that well
am/are the owners of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the disclosure
of interest information, all sketches, data, and other supplementary matter attached to. and made a
part of this application, are honest and true to the best of our knowledge and belief Well-
understand that the information requested on this application must be complete and accurate and
that the content of this form, whether computer generated or County printed shall not be altered.
Public hearings will not be advertised until this application is deemed complete, and all required
information has been submitted. _ .
As property owne;Wellfurther authorizN Q. V\.r:x;¡,se ~ f\ - I - ~
as our/my representative in any matters regarding this Petition.~1Lý
fo act
·~~A
-lli:.ature of Property Owner
Signature of Property Owner
... ~~~~ê7'-k-r----1)ped or Printed Ñ-;;;;;;¡o;;,.;;:
,-.." , ~.~ .
. __ u _ _.~.___
The foregoing instrument was acknowledged before me this ¡,. day of ~ 8 i:d(" .
- --.---. 20-1:J*b.Y-I.JJ/iitiDtHHJ~ -~ --. .- wh()..is-pers(}nally-kn(JW1l-t(J-me.()'f:-has-p~ed------...
þt.lL ~~3:l./"O 'II (tfl"Z) as identification. --
.'..-.--. - ---. .,....--. '.--
State of Floridà .
County of Collier
~a£~
(Signature of Notary Public - State of
Florida
If
NT.......
..., PIIIIID. ... fII fbIIII
.., ... ... .. 4, -
(Print, .
Name of Notary Public)
APPLICATION FOR PUBLIC BEARING FOR CONDITIONAL USE - 61%4102
RE-SUBMlTTAL
CU-2003-AR-4326
PROJECT #2002060036
DATE: 9/11/03
KAYDESELEM
,..- ----..---
....-.-.,--..-.
ADDRESSING CHECKf .IST
Pleaso c:cml'lele the folIuwing and submit to the Adðlcssing ~ection for Review. ~fll items wHI åPPf".. to evQ~
¡roiect. ·Jt~s in bold type arc rcouired .
Agenda Item No. 7 A
March 8, 2005
Page 22 of 56
J. r.e~aI description or:;Ubjecttropct1y or properties (,."op>, oflengrhy wcrlpt/on mil)' he &lltached)
See ¿( ~ f' ~'" c:
. - .
~. F9UO (Prop~rty ID) D~mb :r(5) of abave (atlar/lto, or w.'Sociàle with, legal d(!S('ript1()TI if~/ore Ihan otle)
Do 1 ¡(.of ~løCð("'kl') .
.-
3. S~t addn..-ss..()!i addresscs (as app1i('.(lbJt!. if already lJ..~slg/ oð)
~~5 ~.~ ':."";).-J::r~~-+ ......."Lr~ .
4. LocatIon map, sh'owing cxrict location ~fprojcctl.liilc in relation to n~est public road right-or.way (attach)
S. ~opyorsurvcy (N~Hl)ëD ONLY FOR UNPLAITED PROPJ:RTŒS) ~ '.c...
6. Proposed projeçt name (if applir.ab!ð)
.
7, - Propošëd š(n:.aêi names (if Clpp/iClJbk)
8. Site )everopm~t Plan Nu~ber(POR EXfSTI'NO P.ROJECTStsrn:s ONLY)
SDP
9. Petition Type =- (Cõmplou~ II separate AddrCSIo;ng Chcck1ist rOT' each Petition Type)
[:J SDP (Site De...·cJopmcnt Plan) [J PPL (Plzms & Plat Rcvi~)
C SDPA (S!)? Amcndmént) [] PSP (Preliminazy Subdivision Plat)
D SDPI (SDP lnsubslant;al Change) C FP (Fina] Plat)
0" LJ SIP (Site Improvement Plan) - C] LT..A (Lot Line AcijUstma1f)
o_--1JSWA-(.SlP-Amendrnent}-· '0 0 UL(BrãStmgPmrift¡- -.-.
[J SNR (Slr=t Name: Chan~e) 0 ROW (Rigbt-of-Way Permit)
g;Vegetaiionléxolic ~eznoval Pmnil'l) I:J EXP (.Excavl1(ioTl Penult)
çs..Land Use Petition æarilUl~~onùlll~al U~C~::.> 0 VRSfP (V~ Rcmova) & ~ile I'ill Permit)
- Boat Dock Ext., Rezonc, PUD- re7.one, etc.) .
~ Qther - Pf:sçribe:
10. Project or developmc~ï names proposed for, or àrready Ipp.caring in, conðomini~ doçtlltlcnls {¡rapplicable;
i~:,~~~i~posed or e:dstinaL.. . o. ___.______-;:;-_
11. E'lcase ('ñcck One: ~ Ch«klist j¡¡ (0 be Faxed Back [:J PeTšonalÏy PIcked Up
12. Applicant Nam,::¡:: \ ~ ~......, c::...LÅ:::' PhoDe L;cõ-o,.1..).3 Fax ~ú 3.. SD.. ..-, ~
) 3. SiW1alure on Addrossing Checklist docs not constitute Proj~l and/or Street Name approva.J and is subject to
l1.u1hur review by tilc ^t1dre.~~ing Section.
FOR .~TAFF lJSE ONLY
Prim.ary Num~ æ.O \cr;
AçJdrcSF Numpef Q
Address Number 1-1 . n .. Ii/}
.~'Ad~rcsi Numb~r = Apprôvod by ~7.lAA-!~Dale---B-1-0~
REtEtVEO
.... ...,.,
AJ'PLlc'''T'lm';''Olc"I'LilL- (' HI':..tRINO FOM.C~mmrrION4L l!!~-Q]l2nøn
RE-SUBMITT AL
CU _2003-AR-4326
. PROJECT #2002060036
DATE: 9/11/03- \" c::./Je. )A"Se.:
~.; ~SJ:.LEM Y'- \.
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Mft/IIII IIU eAI.U -.ul NIII'U.
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L .. . aTHU 11Wt JtCNIII. .
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t. M.L MI JICIW.,S ~.
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ç['aTJ~r~...TtI1N'
I CO,,"" ,.....r 'T1dS' IUIN('I' V41 MIoZIC UJßItI 1ft' DII.RTlDN Nfl '1*1 (T an
~~~cw.:r:rr':,..fT~ ~s=~c&:t~
ØW'I'Ø 11&117. n.IIØM n.'NfE&.
BY.7~ '1:. ,,¿;;;¡I..-St?
THOMAS E, IlHOIIES SII, PSM .5r.!4
Agenda Item No. 7A
March 8. 2005
Page 23 of 56
~
...
L£(;Al nr:s.r:AIPTtON
IEG1NN1NG A T THE: NORTHE:AST CORNeR or THe
VCST "0 FTCT or THC CAST 1010 raT OF THf:
NORTH HAlr or THE: SI1UrHt:AST CllJARTCR or THE:
~iff/IÆAf1,Jf~l~Aff ~¡;mg: i.:o,ZT~lP 41
rlDR1DA THeNCE RUN soum AUJNG THe CAST
lDUNDARY llNE: or SMD TRACT IICST 3IJD rccr
or THC CAST 1010 raT TRACT A D1STANCC or
I'" FTC.T TO THE PO/NT óF" 1EG/NN/Nfi or TRACT
HeR(IN DCSCRllEDI THENCC CDNT/NU/Nfi SDUTH
ALONG SAID CAST IDUNDART LINE: or SAID TRAcr
A DISTANCC or e,o FTeTl THCNCf: RIM vcsr leD
raT¡ THE:NCC _ NORm if'" FTET, THCNCC RUN
CAST /20 FTCT Ta A POINT OF KGlNN/NG. SAI/J
_DtTT I£INfi Alsa DESC/tII£D AS lOTS 3, 4,
" 6 AND " or A HAP or A SUIDlVISTDN
_SED TO 11£ RCCORIJ£D /JNDER THe NANE or
I.AKC VlEV PRf/PERTrcS-
~
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_KIC SCALE
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eSIQI"
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TAIDlHIICLt lIT IET~D£K
DI£\JDIINNI: IIIUTUS - PASTOR
RHODES It RHODES
LAND SU1/VBflNG. 1HC
UCENSE #£S /J/ID"
1440 RAIL BEAD BOULlVAlW. II
NAPLIS. FLOJIIDA 34UO
(~:1Q' f\A:t-nft70 fp.!tO\ R.:'_nI\R I J" Y
Details
Folio No·N 00124960000 Maø. II
-
Current Ownership
Property Addressl1305 3RD ST S
Agenda Item Nopfr/è,e 1 of 1
March 8, 20Õ~
Page 24 of 56
f
Owner Name BRUTUS, DIEUDONNE:a& LUNIE
Addre.... PO BOX 0386
City MIAMI II Stat.n FL II ZIÞII33238 - 0000
Legal 447 29 BEG AT NE COR OF W
380FT OF E 1070FT OF N1/2 OF
SE1/4 OF SE1/4, RUN 8160FT
TO POB CONT S 250FT. W 120FT,
·For more th.n four line. of Lege' ¡jucr1ptlon pl.... call the Property Appralll"e Offlc..
TownshIp
47
II
R~;9. ~
I
I
Map No.
2E04
Section
04
Ac",
0.69
Sub No.
-1!IU..Code
100
1
ACREAGE HEADER
SINGL.E FAMILY RESIDENTIAL
-1!1 MIII.aB Am.
5
-1!1 MlllaClS
15.9365
2004 Final Tax Roll
Latest Sales History
Land V.lu. $ 13,800.00
C+) Improved Valu. $ 87.670.00
C·) Market V.lu.- $ 101,470.00
(-) SOH Exemot Value $ 0.00
(a) A..essed Valu. $101,470.00
C-) Homestead .nd other Exemot Value $0.00
(-) Taxable Valu. $ 101,470.00
Data Book· Paa. Amount
02/ 2002 2874-3189 $ 80,000.00
11/1996 2254-2183 $ 0.00
SOH · ·S.ve Our Homes· exempt value due to cep on assesament InCl8.....
.---.- ____·_··_·_n'. .._ _. _ ._.._
-_..- .--------.-~_..--.----.--._"._ "_'__"___ _.~.__ ----'_-_"0___.-. ....._._. .'_ .'_,___ ._.
- - ....--.- - _... ---
--
The Information is Updated We.kly.
http://www.collierappraiser.comJRecordDetail. asp?F olioID=OOOOOOO 124960000
12/2/2004
~/21/20e2 09:58 19Ø1J6~~~ó3
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9~ 1 -2G2 -5171A d It N p,","Al
, gen a em o. I,...
" IMêkhl!lJ, 2005
, P~fti5 of 56
29~~ Ua: 2974PG: ~lg~
1m"; 11 ouro", ucae¡ D£ co~LDa co., rL
11/"&/1ID2 It oN1&1 1I1G1'11, .taCI, am
'" . CCIII lID 01.10
uc nl '1.5'
JQC".10 nut
'~ep U~ U~ lU:15a DJ1n~ Bru~us
or---
V'
;' " ~HJS INSTRUMENT p~AREt> B~:
}(..en.nCth K; TboroJ*'~' Esquire
11 so Lee BoulevlØ'd. Suite \
t..ehi¡h AcrtSl,Plorida 339;6
parcel I.D. No: 0007760001
..tI:
IIIOD t tmplO.
nit 'Ii "'D ,n.
(MlØ:ØAJ~110N Ot4.'t)
"
TRU~TEE'S DEED
THIS TRUST DEE!> made the ~daY of January, 2002, 'Qy MARGARET HA.ZEL ,
C'R1:WS as Trustee of1hc JIM PAUL CREWS ..4 MAllGARET HAZEL CREWS TRUST
.AGREEMENT ulald 11122196. whose mailing .ddreu \s Post QfftceBDx 157,lmmDkalçc. Florida
34\43 hereinafter refcrred lo as "Gran~or," for lilieS I). eonslclcation of tbc awn of TEN AND
NOll ÓO DOLLARS ($10.00) and other valuable c.onsidemtion, receipt whC1'cof is hereby
aclalowJedged, paid by TABERNACLE OF BETHLEHEM INTERNATIONAL MISSION,
HOLINESS TO THE LOim. INC., a not-fer-pro.fit Florida corporatio\ wbose; address i:s ~~
West Drive, 0paI~1ca, Florida 33054and whose Tax Identification No. is ~-m J5a~~
and DIEUDONNE BRUTtIS IDeI LUN'ΠBRUTUS, husblmd and wife, whose mailing address
. _. ,JI900 Opapocka BOLllcvud, Miaml. FIorida 33054, and whose Social Security Nos. &re
~ 5"/. t'J"- '1t4 ~ 2-.}L.ç'~-'¿"'..aJI9!m:inafter refcm:d to as "q1'GDtoc," conVC)'3 to
Gtamee the foUOW1nR rcaJ property ¡II Collior County, Florida, to·wit:
-.... -".-." ... ..- .-. - '.
....--...
BeJÚUling at the Northeast comer of the WeøtJSO r~ofthe East 1070 teet ofebe
North half of the Soutbeast quarter of ~tion 4, Township 47 Soul'" Rm~ 251 £at.
Collier County t Florida¡ thence n.m South alon¡ the ~t boundlll)' line of said uact
Welt 380 feet of the East 1070 feet tract a distance of 150 feet to the JIOintof
begiMin¡ or tract her.lI\ described; 'b.nce coDtinu1nc South aton¡ Aid E~t ,
~line·of-said-tract-.-distlU1l:C-of-1SØ·~DCe"1'\ID'"W_12O-i'cet;-thencr· . .
rw: North 250 foet; thence run East 120 feet to a point of beginning. Said property
b~ung also de:scribcd u Lots 3,4, 5, 6 II.Dd 7 or. ma.p ofa subdivision proposed to be
recorded under thf: name of Lake Vjew Properties. ,
. \
. _ _ . .._~RA.:~<?R C<?VENANT~ ~th G!lIntee that .qrm1tor bas ,ood ~¡h! and lawful authc:ity
to lell ana- convey «:be prt)portyan'd (3rant,orw&r:ta:1tl the ,~tlc to, the, propert)' COI," e.,nY!JGts of Qra,ntur ..
SJ,U\ will defend me'title Isain8Ì the lawful' claim! of 811 per.ons c:lairnin¡ by, throu¡h or uncler
. (iranlQr·o. ,. ..' ... . .. ' ' " ,
.-------~._--------------_._._~--~,-----_.. -....-- _.-
IN WITNESS WHEREOF, the. saId Grantors have hereunto set their band~ and seals the
day and yt;ar flIst above written. .
Signed. scaled and delivered
in th~ presence of: " ~' .
(S!~ ~ .~~tP..._.- f
;:t) . ~ _ m.. ___ _ C M~ARET HAZ CREWS
--'
~_Z003-AJi-43Z6
PROJECT #2002060036
DATE: 6/17/03 Md.e.h:.. ~~ ~ :...-
ItAYM3ELiì*
(COMPANION TO V A_Z003..AR-4327)
)
, /-')
Agenda Item No. 7 A
March 8, 2005
Page 26 of 56
CU-2003-AR-4326
PROJECT #2002060036
DATE: 6/17/03 f J J'JA_
.;...K"Iñ. ÐL03.1!<.Li.l!<M µ, 1(:.fL8!e IVW~ OÄ.
(COMPANION TO V A-2003-AR-4327)
..-.-----.--- --
--- --
WATER / SEWER DEMANDS
for
TABERNACLE of BETHLEHEM
30.5 3M Street South
Immokalee, Florida
(Church)
Conditional Use Request
Prepared for:
Dieudonne Brotus
900 Opa Loeka Blvd.
Opa Loeka, Florida 330.54-3910.
-- ~._--
Prepared by:
-". ---.----.
..~.
VanasseDaylor
-----1213!tN.e.wBrittanY- Blvd.._ Suite. 6o.D--_____
Fort Myers, Florida 3390.7
-.-..--....'-
V &D Project# 40.20.6.0.6
Approved by:
" 'Date':' , ~(/t''Z-
#40.156'
ÐcHbT 0
,
~_M,"""'"",,,,,,,,,,;,"",,,.,,......C";_""";;""e""·""<·'~"
...
.,'~
TABERNACLEofBETBLEHEM
WATER/SEWER DEMANDS
~/.)
Agenda Item No. 7 A
March 8, 2005
Page 27 of 56
I. Existine: Conditions:
A. Potable Water Service (Immokalee Water and Sewer District)
The existing building has a S/8" water meter feed by an existing 2" diameter
water main on the western side of 3rd Street South.
B. Sanitary Sewer Service (Immokalee Water and Sewer District)
The existing building has sanitary sewer service by an existing gravity
sewer main in 3rd Street South.
II. ProDosed Conditions:
A. Potable Water Service (Immokalee Water and Sewer District)
The existing building will require interior remodeling to convert the Space to
accommodate the proposed church use. During the SDP review the proposed
facilities will be analyzed for the need to upgrade the water meter to a size
compatible with the proposed use.
During· the SDP review it may be determined- thatadditional--tire protection
may be needed for the proposed use in the existing building. The installation of
a new fire hydrant on the corner of Colorado Avenue and 3m Street South could
remedy this situation.
. -~-~
B.
Sani~e..L£erriç.e...(Immoka1.e.e .water.and.Sewer Dis1ric.t)__- - - ----
The existing sanitary sewer service should not require modification to .
accommodate the proposed building interior modifications.
III. A verae:e and Peak Dailv Demand/Generation:
.. ~...- . ..... -
A. Potable Water (Immokalee Water & Sewer District Water Facilitv)
"-"---'~~---""-'--~''---'~~'1:Proposed U ser:~----Churé1ï(êxisiìÏigbuí1ding~'x 145', 5,075 sf) .,,--- --..- --- -,,--,.-~,,--_.-
2. Assumption:
35 to 50 anticipated members and 5,075 sf building
Peak usage multiplier = 2.5
Irrigation water provided by another source
3. The following calculations are based on the F.A.C. 64E-6.008, Table I,
Estimated Sewage flows. In order to adjust the flows ftom sewer to water 20%
is added to the base calculation to produce water flows.
4. Calculations:
a. Average Daily Demand = 50 seats x 5 gpd / seat = 250 gpd
Plus additional water usage = 250 gpd x 1.2 = 300 !!Dd
b. Peak Daily Demand = 300 gpd x 2.5 = 750 !!Dd
\\Naples _server\Docs\Proj ects\402\40206- Tllbemacle of Bethlehem Rezone\Zonmg W -S-PlowEst.doc
..,
'-J
TABERNACLEofBETHLEBEM
WATER/SEWER DEMANDS
')
Agenda Item No.7 A
March 8, 2005
Page 28 of 56
B. Sanitary Sewer ammokalee Water & Sewer District Treatment Facility)
1. Proposed User: Church (existing building, 35' x 145',5,075 sf)
2. Assumption: 35 to 50 anticipated members and 5,075 sf building
Peak usage multiplier = 3.5
3. The following calculations are based on the F.A.C. 64E-6.008, Table I,
Estimated Sewage flows.
4. Calculations:
a. Average Daily Demand == 50 seats x 5 gpd / seat = 250 2nd
b. Peak Daily Demand == 250 gpd x 3.5 == 875 2nd
IV. Totals:
A vera2e and Peak Dailv Demands
A. Potable Water
Average Daily Demand
Peak Daily Demand-
== 300 2Dd
== 750 2Dd
B. Sanitary Sewer
Average Daily Demand
Peak Daily Demand
= 250 2Dd
== 875 2Dd
.~_. -.-.--...-. ... .--. "-
. .
-----.-,--_._-~----~--.-.._---_._-.._--_..-..--,..,_._------_..---.--.-----------.--...----------...,.. ........--.-........-...-.........---- ...-..,- .-.--.---"--
\ \Naples _ server\Docs\Projects\402\40206- Tábcrnacle of Bethlehem Rezone\ZoningW -S-PlowEst.doc
,)
:;. Immo~~~~~ct
~~~Road
Immokalee, Florida 34142
(941) 658-3630
FAX (941) 658-3634
DATE: September 9,2002
COLLIER COUNTY
OFFIœ OF GROWIHMANAGEMENT
2800 N HORSESHOE DRIYE
NAPLES FL 33942
TO BE COMPLETED BY
UTILITY PROVIDER
other than Collier
County Utilities
Ladies and Gentlemen:
This letter is certification that hnmokalee Watt:r & Sewer District 1020 Sanitation Road. Immoka1ee. FL 34142
has the following ren'llIining plant capacities and hereby a110cates the following capacities to the property and
owner(s) of record noted below:
Wastewater
TreatrnP.flt Plant
Potable Watt:r
Treatment Plant
A. Remaining uncommitted
capacity
· .61 MGD
· 1.3 MGD
B. Availability of
capacity
A V AR.ABLE
A V An.ABLE
C. Service Availability
A V AD..ABLE
A V An.ABLE
Legal description of the property 305 S. 3RD
!MM~ fl:QRIDð, ~LLmR~WID:
. . ~ø.llin2sl
UnitslLots
.ÇQmm~."
. Sa. Ft.
Number of:
GHURæ
N/A
Owner(s) of Record: DIEUDONNE BRumS
CU-2003-AR4326
A 0 PROJECT #2002060036 \1 ,
EXECUTIVE DIRECTOR DATE: 6/17/03 rJ.t,c..ke( e VV'-l> > C1ð...
IE:*-¡ BE~El&M
(COm ANION TO V A-2003-AR4327)
.......................
/--)
.-"
/ )
Agenda Item No, 7 A
March 8. 2005
Page 30 of 56
.____,__.'_.__ __ ._ ....,_.~ _..___..______"._. __...n__..____.___.. __.'_.___..___..__.____
-" ~~_. '...' -._- -- --
.--.
STORMW ATER MANAGEMENT REPORT
for
TABERNACLE of'BETHLEHEM
305 3rd Street South
Immokalee. Florida
(Church)
Conditional Use Request
Prepared for:
Dicudonne Brutus
900 Opa Loeka Blvd.
Opa Loeka, Florida 33054-3910
Prepared by:
.~. . .-- ..,
._u -- --'V-ànaSSëDãy1or -.---..--
12730 New Brittany Blvd., Suite 600
F QJi.M):m._Florida 33907
V &D ProJe~t#M)296.05
Approved by:
ate:
#/t72-
#40156 _
CU-2003-AR-4326
PROJEer #2002060036
DATE: 6/17/03 J A__
K.". Y BESE:tEU WtI.c.Ae.(e rv~~
(COMPANION TO V A-2003-AR-4327)
..------.,.
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TABERNACLEofBETBLEBEM
STORMW ATER MANAGEMENT REPORT
I. PROJECT LOCATION
"',
.' }
Agenda Item No.7 A
March 8, 2005
Page 31 of 56
The site consists of approximately 0.69 acres of developed land located in Section 4, Township
47S, Range 29E, on the western side of Third Street, Immokalee, Collier County, Florida. The
site is bounded on the north by an undeveloped parcel, on the east by Third Street, on the south
by a developed site, and on the west by an existing manmade lake.
ll. EXISTING CONDITIONS
The site contains an existing building with no paved parking or driveways. The western portion
of the site fronts on an existing lake. The site surface water runoff currently flows to the west to
an existing lake that overflows to the roadside swale of Third Street South.
IlL PROPOSED CONDITIONS
The proposed site usage will consist of church related activities. The existing wet detention
system will be utilized to store the water quality/quantity runoff from within: the project.
The site utilizes the existing wet detention systems for water quality and quantity storage. The
existing. control-.elevation- will-·remain. unchanged~ It- is assumed-· that- any-.existing. control
structures were designed to accommodate the proposed project per Collier County standards.
There are no flood routings provided in this report. Thè scope of this project is very small
. relative to the overall size of the existing lake tributary area. Furthermore, there is no stonnwater
design data available for the surrounding subdivision. _._. ___ . .._ _
LAND USE:
Land Use
Lake .-.
Roofs
Pavement
"""--'SìQëWã1K
aDen/Green St'Jace
Total
Area (Ac.)
..- ··0,-10····
0.11
0.14
Ö.ÖS
0.28
0.69
Percentage
14;68%
16.32%
20.50%
'-7:34'%~._------~---'--""""
40.96%
100%
W'~'_.."_, ~_."_.~..__...._, _..".__
DETERMINE WATER QUALITY STORAGE:
First 1" x drainage area:
1" x 0.69 ac xl' 112" = 0.0575 ac-ft
2.5" x % impervious (weighted average):
\\Naples_server\Docs\Projects\402\40206- Tabernacle of Bethlehem Rezone\STORMWA TER.doc
~~--,.__._-_."
')
TABERNACLE of BETHLJ!;HEM
STORMW ATER MANAGEMENT REPORT
....-...
. )
Agenda Item No. 7 A
March 8, 2005
Page 32 of 56
Drainage area for water quality:
= total drainage area - (water surface + roof)
= 0.69 ac. - (0.11 ac.) = 0.58 ac.
Impervious area for water quality:
= drainage area for water quality - pervious areas
= 0.58 - 0.28 = 0.30 ac.
Percentage impervious for water quality:
= 0.30/0.58 = 51.72%
= 2.5" x percentage impervious x (drainage area -lake)
= 2.5" x 0.5172 x (0.69 ac. - 0.10 ac.) x 1/12 = 0.064 ac-ft
Use the greater VWQ (2.5") = 0.064 ac-ft or 2,769 cf(or less than %" rise in existing lake level, if
the existing building were taken out the calculations the lake rise would be slightly more than
W')
DETERMlNE..SOIL.STORAGE: _.
Assume average depth to water table is 2' (min.)
S = 4.95" (from C-llI-l SFWMD Permit Infonnation Manual IV)
40.96% of basin is available for soil storage, therefore,
S = 0.28 ac. x 4.95" xl' /12"= 0.1155 acft
.---------.- . '-"-
IV. CONCLUSION:
The proposed project site has an existing building, which is currently designated for a different
use.--The chango--of-usewill necessitate the . construction parking; driveways;· and- sidewalks in
accordance with the requirements of the proposed use (church). The driveways and handicap
access features will be paved, however the bulk of the parking will be constructed of dust free
·-·-~tabilized mate~ This wil1 limit thë mcreãse "in onslte impèrvio1.lS covera.ge~wmcnmtum --.--------..-
will reduce the volume of stonnwater runoff. The existing surface water management should
easily accept the additional runoff with minimal effect on the system water level stage
elevations.
\\Naples_server\Docs\Projects\402\40206- Tabernacle of Bethlehem Rezone\STORMWA TER.doc
-
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---.........- .
,
Agenda Item No, 7 A
March 8, 2005"
Page 33 of 56
~-2003-AJi-4326
PROJECI #1002060036 ,
DATE: 6/17/03 Ah:::...h..e-tc.. ~~Ik....
1E:2It;.,.... BESELEM -.........
(CO'MP ANION TO V A-2003-AR-4317)
TRIP GENERATION
TABERNACLE
OF
BETHLEHEM CHURCH
.-._----~-_....._.. ,-~_._-"- -. . ..
.-- .- --..
.. .
Prepared for: "
Tabernacle of Bethlehcm Church
Dieudounnc Brutus
"" 305 South StbStreet
Immolœlee, Florida
.___,,~~","-_____________..___w__._,____··_..t_"____.__._
Prepared by:
VanasseDaylor
Brittany Blvd., Suite 600
ort Myers, Florida 33907
#40206.03
September 2002
"
'EXHIBIT E
,
Agenda Item No. 7A
March 8, 2005
Page 34 of 56
INTRODUCTION
Tabernacle of Bethlehem Church is proposing to construct a 4,200 square foot church on 3rd
Street South in Immokalee, Collier County, Florida. This trip generation will determine the
amount of trips generated by the church.
TRIP GENERATION
The proposed proj ect traffic generation was determined using rates from the Institute of
Transportation Engineers' Tnt) Generation Manual (Sixth Edition). The trip generation equations
are shown below.
Church (LU 560):
A})I: T= 9. 11 (X)
AM Pk Hr.: T = 0.72(X)
PM Pk Hr.: T =0.66(X)
Sunday: T = 36.63(X)
Sunday Pkm:-:--ï= 9:49aq- ~-- --
.. ~.- ---_._- - .- '--,~- - -- -- -. .
The above equations were used with the land use data provided to generate the estimated trip
generationsfor the project as shewn below in the t~ble:
. . . ~..' '.. .. . L . ~: . ' ,
.._u.____
PROJECT TRIP GENERATION
-----.-----..--...---___....:..--'0......--....0._.--0:.0..-"-'-______. . ..__.____ .___,_ _.,._
AM PM Sunday
Land Use ADT Peak Enter Exit Peak Enter Exit Sunday Peak Hr
Church (LU 560) 4,200 SF 38 3 2 3 154 40
Totals 38 3 , :2 1 3 1 1 154 40
IINIPIU_lervet\Doc:slPrcjecl'\402\40206- TIOWNIdl 01 8othJohlm AoZonl\40208- T~¡H3.n .doc
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Ag~nda Item No. 7A
March 8. 2005
. Páge 35' of 56
Vanasse _
. Daylor~
II.Iiiiil
.........
September 3. 2002
CU-2003-AR-4326
PROJECT #2002060036
DATE: 6/17/03 AA I ¡ M l.
ll'Av:DESBY:M ¡v,I"'Mlt IVI.f;'~
(COMPANION TO V A-2003-AR-4327)
Urban Planning
l1ndsape Architecture
Mr. Don Scott
P~anning Director
Transportation Administrative Services,
2685 S. Horseshoe Drive, Suite 211
Naples, FL., 34104 "
Civil Engineering
Tllmc Engineering
Enviranmenta! ~cienc~
Re: Applicability of TIS for Immokalee Tabernacle of Bethlehem Church
Dear Mr. Scott
. Vanasse Daylor represents the above noted church in their application for a conditional
. ..
use zoning action.
"Apre;;application meeting was held on'6-12-02 that indicated the need to prepare and file
a Traffic Impact Analysis. Weare request a waiver from this requirement because the'
church is a minor denoInination whose membership are less than 50 families. It was our
understanding that a TIS was not normally required when the project did not exceed'
1,000 ADT. As you can readily discern this church will not impact S. Third Street in
.___lmmokalee_tQ.an.y_measur.ab1e-degr,ee-&1d.--thc-impositiQ.n-~t:thc ·.costs--aSsociated-with- a.--
TIS is one that quite 'frankly would better be spent on the site improvements. Like all .
minor denominational churches, particularly in Immokalee, church members are
fmancially disadvantaged and application costs can pose a serious burden and perhaps
deny them the opportunity to follow their religious beliefs in facilities worthy of this
: activity:
"""
We therefore Qnbeh~fofthe a,pplic@ts request..fu.!tY-9U waiv~JÞ.e need to submit a TIS___
with oUr conditional use application.
,.-.. ... >-. ...-
Stìey\,.'
~(~~~
Ronald Nino, AICP
Vanasse Daylor
[2730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 T 941.437,460 I F 941.437.4636 w vanday.com
Fort tlyer! . Naplu . Miami
.--.---
----
Agenda Item No. 7 A
March 8, 2005'
- Page 36 of 56
SUMMARY OF PUBLIC INFORMATION MEETING FOR
TABERNACLE OF BETHLEHEM CONDmONAL USE APPLICATION
On October 24th~ 2002, a public information was held at the County park in Immokalee
for the purpose of describing to all interested parties the nature and content of the ,
application for a conditional use to permit the use of an existing building as a church for
the Tabernacle of Bethlehem.
Ms. Kay Deselem kicked off the meeting by introducing herself and describing the
purpose of the meeting and the procedure that the conditional use application would
follow. Ms. Deselem then introduced Tim Hancock AICP as the project planner.
Mr. Hancock described the project in detail using a 24" x 36" copy of the site plan that
was a part of the application submittal. The proposed use will not to expand or enlarge
the existing building, but plans to convert it for use as a clmrch. Associated site
improvements including the creation of a parking lot and access drive will be constructed.
Two members of the public attended the meeting, Mr. King Jackson and Mr. Cladius
Taylor. Both gentlemen owned property in the area of the project but not immediately
- .adjacentto it. They botlLexpressedsimilar concerns over the past use. of the building as a
"flop house" and were supportive of the change in use to a church. They both made
statements of support and had no questions once the proposed land use was clearly
identified.
No additional commitments beyond the construction of~~.1)roject in accordance wi~ ~~.
site plan were made by any party at the meeting.
A tape recording of the meeting was made, but the acoustics of the room combined with
the small recording device made the tape inaudible. These minutes reflect the content of
the meeting.as attested to below.
. SJgDel1---:Jir~~-----
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Date 7/ ¡ø/ð3
E_~,~~~~
AUG 0 4 2003
---..---. .-.-
Print
BY:
RE-SUBMITTAL
CU-2003-AR-4326
PROJECT #2002060036
DATE: 9/11/03
KAY DESELEM
Name
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put I LlC PARTIC~PATION ~EETING
&lor IN 8H8I!T
~~ u:.~ com te;lJ!rEL
Meeting lace
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March 8. 2005
Page 37 of 56
10-2.4-0
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PROJECT #2002060036
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Agenda Item No. 7 A
March 8, 2005
Page 38 of 56
PUBUC IH IIORMATlON
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Agenda Item No. 7 A ,.
March 8, 2005
CU_1003-AR-4316 0036Page 39 of 56
PROJECT #100106
DATE: 6/17/03 IIA, vk1~ t'v\c &~
'fIá'zY ØBt.EM Y '"
(COMPANION TO V A_2003-AR-4317) .
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CONDITIONAL USE PETITION
PRE·APPLICA TION MEETING'NOTES
& SUBMIITAL CHECKLIST-
......... .
Date: ~ Time: \ \ : ð'O Planner: _'?Ay 'b E.<;E/~ M
ProJectName:TA..~~""\~' r: ôy:-g~
Project AddrlLocation: 2DS 3 fl.o ~s _ ":J::}.-\t'-\()\:::Al gz;
Applicant Name: :::1"'1,.,s....,... l:!>~".n-tJS Phone: "r5r¡-40~
Firm: s:.o.\ .ç
Type oCPetition: C U
Current Zoning: V R
-_.. '-.-. .. -.--. .-..- .._. -,---- .....---
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Owner Name:
Owner Address:
Phone:·
Meeting Attendees:
-----...... '--.'..
......-.. - ........
------------- ._,'.
SUBMI1TAL REQUIREMENTS:
):e(. Application, compleied
<g; Addressing Checklist signed by Addressing Dept
-c... Pre.application meetl'ng notes .
.t 16 copies of Conceptual Site Plan 24- X S6" plus (one e ~ X 1 t copy)
Copy of Deed(s)
Completed Owner/Agent Affidavits, Notari~
o Environmental Impact Statement (EIS), o~
)!$:' Aerial Photograph (taken within the previous 12 mònths)
/tt1 ' Statement of utility provisions (with all required attac~.men\s & sketches)
1
(-,,¡PRE..APPLlCATION MEETINfl ~,.,
. . SIGN IN SHEET
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Project Name
Agenaa Item No. 7 A
March 8, 2005
Page 40 of 56
to - 12..-110"2-
Date of Meeting .
PLeASe ~
Name
Divlslon/Dept Regarding
Phone Number
Kay Deselem
. CDES/Ptng Srvcs Current Planning
r239J 213-2931
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A,R-4316
CU-1OO3cr- #1001060036 IM~.......
PROJE f .1 e.. r-"'~
DATE: 6/17/03 r\l\.~\! .
~O VA_2003-AR-4327)
(COMPANION
(~
- Ji TraffiCJmpact Statement (TIS),,,,,, ,.'JIIl·..er . . .
[J IJA Historical and Archeological Survey, or waiver
IS Copies of State and/or Federal Permits .
~ Architectural Rendering of Proposed Structure{s)
.~ if Prfj.:i1ppUcatlon Fee $300.00 (to be credited toward application fee below)
"'~'..
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Agentja Item No. 7 A
March 8, 2005
Page 41 of 56
[J
Fees:
$2000.00· Application Fee
25,00 Data Conversion
*$300.00 If filed in conjunction
wtth a rezone petition
OTHER REQUIREMENTS: ... . ..
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Agenda Item No. 7 A
March 8, 2005
Page 42 of 56
VanaSSe .,.
Daylor ~.1
......,~.~.....: -
September 3,2002
CU-2003-AR-4326
PROJECT #2002060036
DATE: 6/17/03
KAY DESELEM
(COMPANION TO V A-2003-AR-4327)
Urban Planning
Land¡(ape Architecture
Civil Enginming
Traffic hgineering
Environmental SClenc!
Ms. Barbara Burgeson
Senior Environmental Specialist
Planning Services Department
Community Development ~ Environmental Services Division
2800 N. Horseshoe Drive
Naples, FL., 34104
RE: Waiver ofEIS Immokalee Tabernacle of Bethlehem Church, 305 S. Third Street
Imrnokalee, FL.
Dear Ms. Burgeson
Vanasse Daylor represents the above noted church in their application for a conditional
use zoning approval. The church has acquired an existing building and if approved will
convert the building to church use. A copy of an aerial photograph is enclosed.
The church intends to mak.e minimal improvements that will not require destruction of
any vegetation. Sufficient land is now cleared to accommodate church parking. This is a
--.--.'- small--minoI:-.denommational.. chw:ch-.whose- membershipar~ less.. than. .5Qfamilies.. with__
limited financial resources. Obviously they would rather use their limited financial
resources to make improvements to the building and property as opposed to spending
funds on permit approvals that mayor may not be essential to public decision making. In
this case we believe you will agree that existing site conditions do not warrant an EIS as
'''described'by your rules. and would appreciate. a written communication waiving the
. " ............ .' . .... '. ., .....', .... "I" , ','. .," ,.'..,. . ".
.,,~~~:quiRe~~_~~r :.~I~~._:~ _~~!_l~.~~~:i~ing an up to ~ate aerial wi~ FL~C.~~: ..
smrLj~
RO~ Nino, ACIP
Vanasse Daylor
12730'New Brittany Boulevard. Suite 600, Fore Myers, Florida 33907 T 941.437.460 I F 941.437.4636 W vanday.com
Fort Hyerl . Naplu . Miami .
Agenda Item No.7 A
March 8, 2005
Page 43 of 56
-.
Agenda Item No. 7A
March 8, 2005
Page 44 of 56
RESOLUTION 05 -
RELATING TO PETITION NUMBER CU-2003-AR-4326
REQUESTING CONDmONAL USE APPROVAL IN THE
VILLAGE RESIDENTIAL (VR) ZONING DISTRICT FOR A
CHURCH OR HOUSE OF WORSHIP PURSUANT TO
SECTION 2.04.03, TABLE 2 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the pub1ic; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance Number 2004-41, as amended) which estab1ishes regulations for the zoning of
particular geographic divisions of the County, among which is the granting of conditional
uses; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a pub1ic hearing after notice as in said regulations made and
provided, and has considered the advisability of Conditional Use approval under Subsection
2.03.04. Table 2, in the Village Residential Zoning District for a church or house of worship on
the property hereinafter described, and has found as a matter of fact, Exhibit "A", that
satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection 10.08.00; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a public meeting assembled, and the Board having considered all matters presented;
NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
The petition, CU-2003-AR-4326, filed by Ronald F. Nino, AICP of Vanasse Daylor,
representing Dieudonne and Lunie Brutus, with respect to the property hereinafter described
in Exhibit "B" attached hereto and incorporated by reference herein, be and the same hereby is
approved for a Conditional Use pursuant to Subsection 2.04.03, Table 2 in the Village
Residential (VR) Zoning District to allow for a church or house of worship in accordance with
the attached Conceptual Site Plan, Exhibit "C", and subject to the conditions found in Exhibit
"D" which is attached hereto and incorporated by reference herein.
Page 1 of 2
Agenda Item No.7 A
March 8, 2005
Page 45 of 56
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number CU-
2oo3-AR-4326 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and super-majority vote.
Done this
day of
,2005.
ATTEST:
DWIGHT E BROCK., CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
Deputy Clerk
Approved as to Fonn and
Legal Sufficiency:
Patrick G. White
Assistant County Attorney
Attachments: A.
B.
C.
D.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions
Page 2 of 2
e
.
e
Agenda Item No. 7 A
March 8, 2005
Page 46 of 56
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-4326
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency wio/Íhe Land Development Code and Growth Management Plan:
YesL No_
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~NO affect or ._Affectmitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible ¡thin district
Yes_ No_
Based on the above findings, this conditional use should,
recommended for approval to the Board of Zoning Appeals.
DATE: 2 3 Zo-u{
MEMBER:
EXHIBIT A
._ . _n__
Agenda Item No.7 A
March 8, 2005
Page 47 of 56
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-4326
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ¡/ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes vi No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: ~ J 3 / (Ul
{ I
MEMBER: ;J 1-77/1 t'i. 'Æ ~e:( (ì tU"t.~~
EXHIBIT A
_.. ,..__u_
I
Agenda Item No. 7 A
March 8, 2005
Page 48 of 56
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
CU-2003-AR-4326
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of .
A. Consistency ~ Development Code and Growth Management Plan:
Yes_ No_
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience. traffic flow
and control. and access in case of fire or catastrophe:
Adequate ingress &.ss
YeSXNo_
C.
^:~~~boring properties in relation to noise. glare. economic or odor
e~,~ .çç_
_ No affect or _ Affect mitigated by
Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible 7 district
Yes_ No_
Based on the above findings. this conditional use should. with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: ~;" 3 -- 05
MEMBER:
Æf
EXHIBIT A
II'
Agenda Item No. 7 A
March 8. 2005
Page 49 of 56
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-4326
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Ch'owth Management Plan:
Yes />'- No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes Y- No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
J:i.... No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~ No_
Based on the above findings, this conditional use should, with stipulati ~opy a ched) be
recommended for approval to the Board of Zoning Appeals.
//_~
DATE: ~ r 3 "Öt.5 /' :::.¿~
EXHIBIT A
"----
... - --...---..--
.-
Agenda Item No.7 A
March 8, 2005
Page 50 of 56
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETmON
CU-2003-AR-4326
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency with the ~velopment Code and Growth Management Plan:
Yes_ Noþ
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedes1rian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
B.
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects :
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the dis1rict:
Compatible use within dis1rict
~(
Based on the above findings, this conditional use shouldlt'~ï, t ,., ", {. UP)' n,",::-~) be
recommended for approval to the Board of Zoning Appeàfs.
MEMBER: ¡ú- ~ K-~
Yes
No
DATE:
d... t, !)r-
EXHIBIT A
_.__.~ _.. ·_.n_
e
tit
e
"~
Agenda Item No.7 A
March 8, 2005
Page 51 of 56
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-4326
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes-X- No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes
/
v No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
to' No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes p// No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:1 ,3,O(
MEMBER: JlloJ f ~'---
EXHIBIT A
"
Agenda Item No. 7 A
March 8, 2005
Page 52 of 56
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-4326
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes.Ã No_
B. Ingress and egress to property and proposed structw'es thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects :
-L No affect or _ Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~ No_
DATE: <ftß,'$, '<c:oS""
MEMBER:
Based on the above findings, this conditional use should, with s' ulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
EXHIBIT A
-----
¡,
e
.
.
Agenda Item No.7 A
March 8, 2005
Page 53 of 56
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-4326
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency with ~Land Development Code and Growth Management Plan:
Yes~No_
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fIre or catastrophe:
Adequate ingress & egress
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
yes-JL' No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: ~ '3 J 0 ~..
MEMBER: ~ ~
exHIBIT A
Agenda Item No. 7A
March 8, 2005
Page 54 of 56
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
~-2003-AJl-4326
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
YesL No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes1 No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 2 /3 /O~
/ {
CHAIRMAN:
¡¿~J¡&Jj
EXHIBIT A
. _._.._.. ___·,_·.·ø_.__
Agenda Item No. 7A
March 8, 2005
Page 55 of 56
LEGAL DESCRIPTION
CU-2003-AR-4326
..-,_..__._-~--
--.,- -. -
LEGAL DESCRIPTI~
BEGINNING AT THE NORTHEAST CORNER OF THE
VCST 380 FEET OF THE £AST 1070 FEET OF TH£
NORTH HALF OF THE SOUTHEAST QUARTCR OF THE
SOUTHEAST QUARTER OF SECT/ON 4, TOWNSHIP 47
SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA THENC£ RUN SOUTH ALONG THE £AST
BOUNDARY l..IN£ OF SAID TRACT WeST 380 FE£T
OF THE £AST 1070 FECT TRACT A DISTANCE OF
150 FECT TO THE POINT OF BEGINNING OF TRACT
H£REIN DESCRIBCD; THCNCE CONTINUING SOUTH
ALONG SAID EAST BOUNDARY LIN£ OF SAID TRACT
A DISTANCE OF 250 FC£T; TH£NCE RUN WEST 120
FC£T} TH£NC£ RUN NORTH 250 F££T, THENC£ RUN
CAST 120 FE£T TO A POINT OF B£GINNING. SAID
PROPERTY BEING ALSO D£SCRIBCD AS LOTS 3, 4,
5, 6 AND 7, OF A MAP OF A SUBDIVISION
PROPOSED TO B£ RECORD£D UND£R TH£ NAME OF
LAK£ VIEV PROP£RTIES.
Exhibit B
I
~
I
Agenda Item No. 7A
March 8, 2005
Page 56 of 56
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.......1 of 1
Agenda Item No. 7B
March 8, 2005
Page 1 of 30
EXECUTWE SUMMARY
Petition V A-2003-AR-4327 Dieudonne and Lunie Brutus, (regarding the Tabernacle of
Bethlehem Church), represented by Ronald F. Nino, AICP, of Vanasse Daylor, request the
following variances in the VR zoning district for a Conditional Use (LDC §4.02.02.E.): 1) from
the minimum one-acre lot area; to allow an existing structure on an 0.69 acre tract to be
converted to a church use; 2} to reduce the front yard setback from the required 35 feet to 20
feet; 3) to reduce the required 33 parking spaces to 19 spaces (LDC §4.04.04.G.Table 17); and;
4) to reduce the landscape buffer on the north and south property lines from the required 15-
foot type "B," to allow a 10-foot wide type "B" buffer (LDC §4.06.02 Table 24). Property is
located at 305 3rd Street South, in Section 4, Township 47 South, Range 29 East, Immokalee,
Florida. (COMPANION ITEM TO CU-2003-AR-4326)
OBJECTIVE:
To have the Board of County Commissioners detennine whether the requested variance is consistent
with the Collier County Growth Management Plan (GMP) and Land Development Code (LDC) and is
in the best interest of the community.
CONSIDERATIONS:
_.
The petitioners are requesting several variances in the Village Residential (VR) zoning district from
the Conditional Use property development regulations (LDC Section 4.02.02.E.) to allow the existing
structure to be converted to a church. The variances being sought are: 1) relief from the I-acre
minimwn lot area requirement to allow the existing 0.69-acre site to be used, 2) to reduce the 35-foot
required front yard setback to 20 feet, 3) to reduce the nwnber ofparlcing spaces by 14 spaces from the
required 33 parking spaces to 19 spaces (LDC Section 4.04.04.G.Table 17.), and 4) to reduce the
landscape buffer by 5 feet on the north and south property lines from a I5-foot wide type "B" to a 10-
foot wide type ''B'' buffer (LDC Section 4.06.02 Table 24). Please refer to the Conceptual Site Plan
for details.
The petitioners seek the variances to allow the existing structure to be converted to a church. A
previous owner constructed the existing building many years ago, and the building complies with the
development standards for a principal use under current standards. The petitioners, however, wish to
convert the use of the existing structure to a church that is only allowed by Conditional Use approval.
A separate companion petition has been submitted seeking Conditional Use approval for the church in
petition CU-2003-AR-4326. That petition will be heard on the same agenda as this variance petition.
Conditional Uses in theVR zoning district have more stringent property development regulations. The
existing structure cannot meet the development standards for the Conditional Use. The petitioners are
not proposing to alter the footprint of the existing structure nor are they proposing, as part of this
action, to expand or enlarge the structure; they are seeking variances to allow the existing structure to
be used for the proposed church.
FISCAL IMPACT:
.--.
Approval of this petition will have no fiscal impact on Collier County.
G:\Current\EXECUTIVE SUMMARIES\BCC Mar 2005\Mar B, 05\Tabemacle of Bethlehem, VA-2003-AR-4327.doc
Page 1 of 5
Agenda Item No. 78
March 8, 2005
Page 2 of 30
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
The subject property is designated (Urban) Residential, High Residential District, on the Immokalee
Area Master Plan Future Land Use Map (FLUE) of the OMP. Variances are not specifically addressed
in the OMP, therefore there is no OMP impact associated with the variance.
ENVIRONMENTAL ISSUES:
The Environmental Review staff does not normally review variance petitioners. Environmental
Review staff did review the companion Conditional Use petition and provided input through that
petition to address their concerns.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC does not hear variance petitions.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
detennination by the Collier County Planning Commission (CCPC) and the Board of Zoning Appeals
(BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the listed
criteria in Chapter 9.04.03 of the LDC. These evaluations are completed and have been incorporated
into the attached staff report. A summary of the legal considerations and findings are noted below:
· There are special conditions and circumstances existing, which are peculiar to the location,
size, and characteristics of the land, structure, or building involved
· There are special conditions and circumstances, which do not result from the action of the
applicant, such as pre-existing conditions relative to the property, which is the subject of the
variance request.
· A literal interpretation of the provisions of the LDC would work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
· The variance, if granted, would not be the minimum variance that will make possible the
reasonable use of the land, building, or structure and which promote standards of health, safety,
or welfare.
· Granting the variance requested would confer on the petitioner special privilege that is denied
by these zoning regulations to other lands, buildings, or structures in the same zoning district.
· Granting the variance will be in hannony with the intent and purpose of the LDC, and not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
· There are no natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation, such as natural preserves, lakes, golf course, etc.
· Granting the variance will be consistent with the OMP.
The Board of County Commissioners must utilize 8 criteria in considering a variance petition (see
professional planning staff analysis). This analysis appears on pages 3 and 4 of the Staff Report and is
summarized below:
,-'
G:\Current\EXECUTIVE SUMMARIES\BCC Mar 2005\Mar 8, 05\Tabemacle of Bethlehem, VA-2003-AR-4327.doc
Page2of5
Agenda Item No. 7B
March 8, 2005
Page 3 of 30
Staffs analysis of the criteria found that there was support for the request in the analysis of five of the
eight criteria in LDC Section 9.04.03 as explained in the Staff Report. As noted above, the GMP does
not address specific variances requests; it addresses the land use that is proposed. This variance
petition has been submitted to allow variances from the church or place of worship Conditional Use
development standards. In that context, the variance petition is joined with a specific use. As noted in
the companion Conditional Use Petition, CU-200-3AR-4326, a church is an allowable use within the
GMP FLUE.
It must be understood that the Staff Report and Executive Summary are only part of the picture. There
will be evidence presented by the petitioner, and members of the public may speak at the hearing on
this item. The Board must also take into consideration that testimony as it relates to GMP consistency
and the 8 standards for consideration for the variance.
The Board of County Commissioners may impose reasonable stipulations, safeguards, or restrictions
upon the variance. These stipulations, restrictions or safeguards include those requirements necessary
to protect adjacent or nearby properties from any adverse impacts of the variance. A simple majority
is required to approve a variance.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard this petition on February 3,2005. Commissioner Midney made a motion to approve
the petition with staffs conditions and adding another condition (Number 6), as agreed to by the
petitioner regarding the amount of parking (Variance 3); Commissioner Adelstein seconded the
motion. The motion passed 9 to O. This petition cannot be placed upon the Summary Agenda because
the companion request, CU-2003-AR-4326 did not receive unanimous approval, thus both petitions
must be heard together by the Board of Zoning Appeals.
The conditions of the approval are:
1. The variances granted are limited to the use of the existing structure for a house of worship, as
depicted and more particularly described in the applicant's site plan entitled, "Tabernacle of
Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last revised December 7,2004.
2. The yard variance being granted is limited to al10wing the encroachments of the existing building
solely for use as a church. Any other conditional use is subject to re-review of the variance
Issues.
3. Parking within 3rd Street South right-of-way is prohibited. All parking must be contained on-
site.
4. No variances have been granted to reduce any buffer requirements except for width or to provide
relief from the requirement to provide a wall along any project boundary. Buffering materials for
the church use must be provided in compliance with the LDC requirements unless separate
administrative variance relief is sought and approved in compliance with the LDC.
5. No expansion or enlargement of the existing building is permitted. .
6. The developer will maximize the subject site's land area to provide additional parking spaces, up
to the maximum number of parking spaces that can be accommodated on the site, in the area
between what is shown on the site plan as "paved aisle" and the western property boundary.
-
G:\Current\EXECUTIVE SUMMARIES\BCC Mar 2005\Mar 8, 05\Tabemacle of Bethlehem, VA-2003-AR-4327.doc
Page3d5
Agenda Item No. 78
March 8, 2005
Page 4 of 30
SUMMARY:
Staff has analyzed the guidelines associated with the variance request and has determined that there are
land-related hardships associated with this petition, as noted in the staff report and summarized below:
There are special circumstances that are peculiar to the location, size, and characteristics of the land,
structure, or building involved, because the petitioners wish to retrofit an existing structure, which
limits the petitioners' ability to alter the site design for the church. The abutting properties are already
developed so it is unlikely that the petitioner could purchase adjoining properties to add additional land
to this tract that would allow the site to meet the minimum one-acre site size requirement without
rendering another parcel non-conforming in size.
Without the variances, a Conditional Use for a church could not be established on site. The structure
has been vacant for approximately two years, which can encourage vandalism and can create a
nuisance in the neighborhood. The petitioners are proposing a use for the site that will provide a
presence at the building and could provide community services to the neighborhood.
At the CCPe hearing, the CCPC asked if additional parking spaces could be provided in the area
between what is shown on the site plan as "paved aisle" and the western property boundary. The
petitioners' agent indicated that that area could very likely be used for parking, noting that the site plan
was based upon an out-dated survey and the area shown as a lake along the western boundary may not
actually be a lake; it may be an upland area where parking spaces could be provided. The petitioners
agreed to provide additional parking spaces in that area up to the maximum amount the site could
accommodate.
RECOMMENDATION:
That the Board approve Petition V A-2003-AR-4327 subject to the following conditions as modified
based upon the February 3,2005 Planning Commission public hearing:
1. The variances granted are limited to the use of the existing structure for a house of worship, as
depicted and more particularly described in the applicant's site plan entitled, "Tabernacle of Bethlehem
Conceptual Site Plan," prepared by Vanasse Daylor, last revised December 7,2004.
2. The yard variance being granted is limited to allowing the encroachments of the existing building
solely for use as a church. Any other conditional use is subject to re-review of the variance issues.
3. Parking within 3rd Street South right-of-way is prohibited. All parking must be contained on-site.
4. No variances have been granted to reduce any buffer requirements except for width or to provide
relief flum the requirement to provide a wall along any project boundary. Buffering materials for the
church use must be provided in compliance with the LDC requirements unless separate administrative
variance relief is sought and approved in compliance with the LDC.
5. No expansion or enlargement of the existing building is permitted.
--
G:\Current\EXECUTIVE SUMMARIES\BCC Mar 2005\Mar 8, 05\Tabernacle of Bethlehem, VA-2003-AR-4327.doc
Page4of5
Agenda Item No. 78
March 8, 2005
Page 5 of 30
6. Tbe developer will maximize the subject site's land area to provide additional parking spaces, up
to the maximum number of parking spaces that can be accommodated on the site, in the area between
what is shown on the site plan as "paved aisle" and the western property boundary.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
~._.,
,-'
G:\Current\EXECUTIVE SUMMARIES\BCC Mar 2005\Mar 8, 05\Tabemacle of Bethlehem, VA-2003-AR-4327.doc
Page5of5
Item Number
Item Summary
Meeting Date
Agenda Ilem No. 78
Mar"h 8 2005
P3ge 6 of 30
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
76
This "em reQuire~ Ih3! ill! participants to be s.wom in and ex-parte dísdoSUfP. be provided hy
Commission rrw..mbers. VA-2003-AR·4327: Dieudonne and Lun!1:' Brutus, (rEgaming the
Tab~l'f1f.1c1e of BeUllehem Church), n:prftsented by Ronald F. Nino, AICP, of Vanasse Daylor
request the fDllowing variances in tt1e VR l.oning dis1ricl for a Conditional Use {L.DC
§4.02.02 E,)~ 1) from the minimum CIne-acre lot area; to flUOW an existing !ì.tructure Dn an a 69
acre trac1 to be converted 10 a c.hurch use; 2) to reduce the front yard setback from the
rpqljired 3S fF.el to 20 feet;:n t(1 red~lçe the required 33 parking spaces 1019 spar-.es (LDC
§4.0J.,04 G.Tahle 17); and: 4) to reduce the Ia-nd'iicape buffer on the north and soulh property
lines from the reqUired 15~foot type "B." \0 anow e 10-fOl>t wide typ~ "8" bul1er (LDC §4.06.02
Table 24). Pmpert:>f is. located at 305 3rd Street South, 111 Section 4. Towns!)!p 47 South
Range 7.9 Eß!-it, !mmokalep.. Florida. (COMPANION ITEM TO CU·2003-AR-4.32.6)
3/812005 9:00:00 AM
Prepared By
Principa.l Planner
2111/200510:44:42 AM
Kay Deselern, AfC~\
Commynlty Df!veiopm~nl &
Environmenta! $.elVice5
Date:
Zoning & Land Dellelopment Re-view
Sandra Lea
E)tecutlv~ Secretary
Date:
Approved By
Commurlily Oe\i(!lopmunt...
Environmental Services
Coromtlniljl Oeyelorlfnr.nt &.
Environmental Sen,ices Admin.
2117/20052:42 PM
COrlst:!mce A. Johnson
Date
Approved By
Cornmunìty Dl!!ve!opml!:l\! &
En\jirollm~nt.al 5crvio:,e-s
Operations Ana!yst
community Dt!velopm~nt &
Environme11tal Sf!rvlces Admin.
2/1811005 12:46 PM
Approved By
Zoning & Land De'lolopma:nt Director
Date
Suun MurrBlY. AICP
cQmmunity Oe'l~lupmcrlt &
F..nvlronmen!al S~rviccs
Zoning &. Land DC'Ielapnumt Review
2118/2005 1 :08 PM
Donnld C. Scot!
lr,1nsportatian Planning Oirec1or
Date
Approved By
Trans.portioo Services
Tf; 1!'\:l.portation Planning
2/22/200511:14 AM
Patrick G. White
Aaai&bnl County Attorney
Date
Approved By
County Attorney
County Attorney Office
2/21./2005 S:M PM
Approved By
Chief Phmner
Date
Ray Bellows
Co '''m~unity Ol!c'o'elopment 8-
EnvirDn;m~~nt( 1 Sørvicn...
7..Dnln!;l & Land PnveloþlTllI!nt RtNI",w
2122/2005 5: t3 PM
Jolteph K. 5chm¡U
D,,.
Approved By
CcnnlT'\\Jnity [)1(!\(r.I¡'þlnenl &
EnvironlTlental5ervjo;;es
CDmmuni¡y De:...."lopmElnt Ii
EnvirDnmental Serviens Arfminstrator
CmnmunJty DlI!velDpl'Oenr &
Environmental Se.....-Ices Admin.
2/22120055:33 PM
I'JDrm E, Feder, A!Çp
Tr.anttportation DivisÎQn Administrator
Date
Approved By
TrarlsporHol' ServiclI!Ii
TrJllliportntiol1 S~r'Yì(:ets ,lI,( mln.
2:124/20057:04 AM
OMB Coord in alar
Ad( 'I;jnistrative Ausistunt
Date
Approved By
Cau nty M.:I nager's. Office
Offic,e of M.n';'Ç!em(lnt & Budget
2125/200510:15 AM
Mark Isackson
B\Jdget Analyst
D.te
Approved By
County Ma.nagcr's Offir:c
Office of Manllgem¡rnt & BOdgcl
2/:1612005 12:D5 PM
Michael 5I'rlyI.:0\'0$kl
ManJlltlt!me( t &. Hudgm Director
Date
Approved By
County Manager's Office
Offit'e of Managen1ent & Budget
2/2&/2005 9: 24 AM
Approved By
Leo E, Octn. Jr.
BDard of County
Commissioners
Deputy C",unty MJ) )<1ger
Dote
County Mlilnagl!lr'ti Otfì(';~
31112005 3:25 PM
Agenda Item No. 78
March 8, 2005
Page 7 of 30
eotmr County
-- '-- ~ --
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: JANUARY 6,2005
SUBJECT: PETITION V A-2003-AR-4327; TABERNACLE OF BETHLEHEM CHURCH
COMPANION ITEM: CU-2003-AR-4326
PROPERTY OWNER/AGENT:
OWNERS: Dieudonne Brutus & Lunie Brutus
P.O. Box 0386
Miami, FL 33238
AGENT: Ronald F. Nino, AICP, Senior Planner
Vanasse Daylor
12730 New Brittany Boulevard, Ste. 600
Fort Myers, FL 33907
REOUESTED ACTION:
The petitioners are requesting severa1 variances in the ViHage Residential (VR) zoning district
fÌ"om the Conditional Use property development regulations (LDC Section 4.02.02.E.) to allow
the existing structure to be converted to a church. The variances being sought are: 1) relief from
the I-acre minimum lot area requirement, to allow the existing 0.69-acre site to be used, 2) to
reduce the 35-foot required fÌ"ont yard setback to 20 feet, 3) to reduce the number of parking
spaces by 14 spaces ftom the required 33 parking spaces to 19 spaces (LDC Section
4.04.04.G.Table 17.), and 4) to reduce the landscape buffer by 5 feet on the north and south
property lines fÌ"om a IS-foot wide type "B" to a lO-foot wide type "B" buffer (LDC Section
4.06.02 Table 24). Please refer to Conceptual Site Plan for details.
GEOGRAPIDC LOCATION:
The subject parcel is located at 305 3rd Street South, in Immokalee, which is located in Section 4,
Township 47 South, Range 29 East, Collier County, Florida.
V A-2003-AR-4327
January 6, 2005 Collier County Planning Commission
Page1of5
Agenda Item No. 78
March 8, 2005
Page 8 of 30
PURPOSElDESCRIPTION OF PROJECT:
The petitioners seek the variances to allow the existing structure to be converted to a church. A
previous owner constructed the existing building many years ago, and the building is in
compliance with the development standards for a principal use under cun-ent standards. The
petitioners, however, wish to convert the use of the existing structure to a church which is only
allowed by Conditional Use approval. A separate companion petition has been submitted
seeking Conditional Use approval for the church in petition CU-2oo3-AR-4326. That petition
win be heard on the same agenda as this variance petition. Conditional Uses in the VR zoning
district have more stringent property development regulations. The existing structure cannot
meet the development standards for the Conditional Use. The petitioners are not proposing to
alter the footprint of the existing structure nor are they proposing, as part of this action, to
expand or enlarge the structure; they are seeking variances to allow the existing structure to be
used for the proposed church.
SURROUNDING LAND USE & ZONING:
North:
East:
South:
West:
Mobile homes, zoned VR
3rd St South, then mobile homes, zoned VR
Mobile homes, zoned VR
Lake, zoned VR
_ .-. NÐII
.....
" :II
" ....
VR"'......L Subject P
..,,~.. -',
'" '\
\.
...
:I
I.
AERIAL PHOTO
ZONING MAP
ANALYSIS:
Section 9.04.00 of the Land Development Code (LDC) grants the authority to the Board of
Zoning Appeals (BZA) to grant variances. The Collier County Planning Commission (CCPC) is
advisory to the BZA and utilizes the provisions of Section 9.04.03, which contains the "Criteria
for Variances," which are the genera] guidelines to be used to assist the Commission in making a
determination. Staff has analyzed this petition and offers the responses to the items in Section
9.04.03 as follows:
V A-2003-AR-4327
January 6. 2005 Collier County Planning Commission
Page 2 of 5
Agenda Item No. 78
March 8, 2005
Page 9 of 30
1. Are there special conditions and circumstances existing, which are peculiar to the
location, size, and characteristics of the land, structure, or building involved?
Yes. The structure already exists, which limits the petitioners' ability to alter the site
design for the church. The abutting properties are already developed or are also of such a
small size that the petitioner cannot purchase adjoining properties to add additional land to
this tract that would allow the site to meet the minimum one-acre site size requirement or
to meet the required nont setback, or provide more parking, or provide wider buffers.
2. Are there special conditions and circumstances, which do not result from the action
of the applicant such as pre-existing conditions relative to the property, which is the
subject of the variance request?
Yes. A previous owner constructed the existing structure, before the petitioners purchased
the property. Currently there are no handicapped spaces on site. Back-out parking and
other haphazard parking configurations exist as well. There are no designated access
points to and nom the site, so vehicles can randomly pull into the street. If the variances
are approved to allow the site to be developed as a church in conjunction with the
variances sought, the parking and access will be improved and the site will have designated
access points.
3. Will a literal interpretation of the provisions of this zoning code work unnecessary an
undue hardship on the applicant or create practical difficulties for the applicant?
Yes. Without the variances, no Conditional Use can be established on site. The structure
has been vacant for approximately two years, which can encourage vandalism and can
create a nuisance in the neighborhood. The petitioners are proposing a use for the site that
will provide a presence at the building and could provide community services to the
neighborhood.
4. Will the variances, if granted, be the minimum variances that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety, and welfare?
No. The structure could be used for one of the allowable principal uses within the VR
zoning district. Variances most likely would not be required for a principal use, depending
upon the intensity/density of the use proposed. But, as noted above, there apparently is no
market for this structure as a residential use.
The variance is the minimum variance to allow a reasonable use of this structure for the
use proposed however. Approval of the variance should not have a negative impact upon
the standards of health, safety, and welfare.
5. Will granting the variances confer on the applicants any special privilege that is
denied by these zoning regulations to other lands, buildings, or structures in the same
zoning district?
Yes. A variance, by definition, confers some dimensional departure from the regulations.
VA-2003-AR-4327
January 6, 2005 Collier County Planning Commission
Page 3 of 5
Agenda Item No. 78
March 8, 2005
Page 10 of 30
6. Will granting the variance be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare?
Yes. Although approval of this variance would allow the church to be located on a smaller
site, and closer to the lot lines than a newly built structure that complies with the setbacks,
the fact is that the building already exists. No changes are proposed to the existing
structure, therefore staff believes approval of the variances should not have a negative
effect upon the neighborhood as a whole, and approval should not be detrimental to the
public welfare.
The applicant is seeking a variance from the landscape buffer requirements to reduce the
LDC required I5-foot wide Type B landscape buffers to allow 10-foot-wide type B
landscape buffers on the north and south property lines. The building's location on the site
along with parking requirements, constrain the applicants' ability to meet the buffer width
standards. Staff believes the variance will allow the petitioners to meet landscape
standards to the greatest extent possible with the proposed modified type B (IO-foot-wide)
buffers on the north and south property lines.
It appears that there is adequate area available to provide the standard LDC required 15
foot-wide type B buffer between the proposed west paved aisle and the existing lake edge.
The site plan does not show the required buffer nor has a variance been sought from the
requirement. Specifically, no variance from buffering or fence/wall requirements has been
addressed or granted along the west property. Therefore, staff has included a condition that
requires the petitioners to provide that 15-foot-wide type B buffer along the west side of the
site.
7. Are there natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation such as natural preserves, lakes, golf courses,
etc.?
There are no natural conditions that ameliorate the goals and objectives ofthe regulations.
8. Will granting the variance be consistent with the Growth Management Plan?
Approval of this variance petition will not affect or change the requirements of the Growth
Management Plan.
EAC RECOMMENDATION:
The Environmental Advisory Council (EAC) does not nonnally hear variance petitions; therefore
this is no EAC recommendation for this petition.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission recommend approval of
Petition V A-2003-AR-4327 to the Board of Zoning Appeals, subject to the following conditions:
1. The variances granted are limited to the use of the existing structure for a house of worship,
as depicted and more particularly descnòed in the applicant's site plan prepared by Vanasse
Daylor, entitled, "Tabernacle of Bethlehem Conceptual Site Plan," last revised December 7,
2004.
VA-2003-AR-4327
January 6,2005 Collier County Planning Commission
Page4d5
~~~<._~..'..--~~-._^
Agenda Item No. 78
March 8, 2005
Page 11 of 30
2. The yard variance being granted is limited to allowing the encroachments of the existing
building solely for use as a church. Any other Conditional Use is subject to re-review of
the variance issues.
3. Parking within 3rd Street South, right-of-way is prohibited. All parking must be contained
on-site.
4. No variances have been granted to reduce any buffer requirements except for the buffer
width ITom 15 feet to allow a 1O-£oot wide buffer along the north and south property lines.
The petitioners must provide a I5-£oot-wide type B buffer along the west side of the site;
no allowance has been approved that would release the petitioners ITom the requirement to
provide a fence or a wall along any project boundary where a fence or wall would be
required. Administrative approval must be sought to address the fence and wall
requirements. Buffering materials for the church use must be provided in compliance with
the LDC requirements.
5. No expansion or enlargement of the existing building is permitted.
PREPARED BY:
KAY DESELEM AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
RAY BELLOWS, MANAGER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
SUSAN MURRAY, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITI, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
RUSSELL A. BUDD, CHAIRMAN
DATE
Tentatively scheduled for the February 22,2005 Board of County Commissioners Meeting
V A-2003-AR-4327
January 6, 2005 Collier County Planning Commission
Page5of5
20
28
21
15
11
16
LOCATION MAP
SITE MAP
PETITION 'VA- 2003- AR- 4327
-,.......--...,----.----
Agenda Item No. 78
March 8, 2005
Page 13 of 30
,,,, ," "...
Agenda Item No. 78
March 8, 2005
Page 14 of 30
VARIANCE PETITION
(V ARlANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT)
Commission District:
Date Petition Received: i.. V A-2003-AR-4327
-l PROJECT #2002060036
. DATE: 9/18/03
Planner AsSigned: _ KAY DESELEM
Petition No.
ABOVE TO BE COMPLETED BY STAFF
-\
i
GENERAL INFORMATION:
Petitioner~s Name: Dieudonne Brutus
Petitioner's Address: PO Box 0386, Miami, FL., 33238 Telephone: _941-262-5171
Fax#:
E-Mail Address:
Agent~s Name: Ronald F. N1D.o AlCl VaJt.~.UP..JJ1.gL_~____.__,,__,,__
Agent's Address: 12730 New Brittany Boulevard, Fort Myers, Florida 239-437-4601
Fax#: 239-437-4636
E-Mail Address:rnino@vanday.com
COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING
SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
Application for Variance Petition - 6/24/02
Page 2 of 9
..
..."-.---
PHONE (941) 403-2400IFAX (941) 643-6968
Agenda Item No. 78
March 8, 2005
Page 15 of 30
iI'
Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets if necessary)
Name of Homeowner Association:
N/A
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
N/A
Mailing Address
City
State _ Zip
Name of Civic Association:
N/A
Mailing Address
. City
State _ Zip
...._------~
PROPERTY DESCRIPTION:
Legal Description of Subject Property:
Subdivision:
Unit
Lot (s)
Block (s)
Section_04_ Twp. _47 S
Folio # 00124960000
Acreage Number: _0.69
Range _29E
Property lD. #
Metes & Bounds Description:
See attached legal description
Address of Subject Property: _305 South 3rd
Street
Application for Variance Petition - 6/24/02
Page 3 of9
I·
Agenda Item No. 7B
J March 8, 2005
T . . 1· n· 1 Pag~ 1ß of 30
existing encroachment came to be; etc. his narrative app les co ective y to each or the
variances requested.
This application is for the purpose of allowing a conditional use church or religious institution
the opportunity to locate on a property containin!! 0.69 instead of 1 acre (Sect.2.2.9.4).
reduce front vard set back from 35 feet to 20 feet (Sect 2.2.9.4). reduce number of
parkine spaces from 33 to 19 spaces (Sect.2.3.16) and reduction to the landscape buffer of
15 feet type B. to 10 feet type. B on the north and south property line side yard
(Sect.2.4.7.1). as required by provisions of the LDC. The circumstances present lie in the fact
that we are dealing with an existing lot of record and existing building. Setback relationships
should not be at issue because the building is a non-confonning structure and the matter of
setbacks would only become an issue should building improvements exceed 50% of value as
required by Section 1.8.12 of the LDC. Nevertheless, this petition requests a variance be
granted to the existing building that is set back 20 feet as opposed to a 30 foot requirement for
conditional uses in the VR zoning district. In addition this petition seeks a reduction in the
number of parking spaces from 33 to 19 spaces.
The property 1ransfer was recorded on February 4, 2002 presumably for the express purposes of
establishing a church. The existing structure was built many years ago.
Section 2.7.5.1.1 provides the opportùnity for a dimensional variation to lot area, set backs and
parking spaces This dimensional variance requests a lot area reduction from 1 acre to 0.69
acres. a set back of 20 feet versus 35 feet. a reduction in parkin!! from 33 to 19 SDaces and
reduction to the lands cane buffer of 15 feet type B. to 10 feet type B on the north and
south propertvline..side yard. These variances are deemed necessary because they will foster
the goals of a religious minority who could not otherwise afford to meet the conventional
standards deemed necessary under the provisions of Section 2.2.9.4 and 2.3.16 of the LDC.
Dimensional standards in the LDC are designed for a generalized condition in the coastal area.
Their application to the Immokalee community makes it at times impractical, and pose an
undue burden on property owners. This is one such example. Given the size of the church
. membership, approximately 50 families, and its minor denominational status, the lot size is
adequate to accommodate the existing building space needs of this church.
- . >. .--
..-..--.--.------
---.......--.- - . -_.
Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the
Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or
deny a variance petition by the below listed criteria (1-8). (please addresstbis criteria using additional pages if
necessary.) The responses provided for the variances are collectively appropriate for each variance and it should
not þe necessary to reiterate this same material for each variance request included with this application.
1. Axe there special conditions and circumstances existing which are peculiar to the location, size and
characteristics of the land, structure, or building involved.
Special circumstances are present in this case in that we are dealing with an existing building. Although
not peculiar to the area we need to deal with the faet that all adjacent properties are unofficially
platted and economic restraints limit the abUity of church members to acquire more land when in fact
the existing building and its lot size are adequate for the purposes of this church congregation. Again,
we suggest the minhnum lot size for conditional uses has its genesis based on mainline churches and is a
standard higher than is necessary for minor denominational churches whose membership is small and
Application for Variance Petition - 6/24/02
Page 5 of9
Agenda Item No. 7B
March 8, 2005
typically based on a population with atypical cultural makenp. Additionally, it is important to ~Mdtf of 30
the fact that most members of the church do not own automobUes. The church hias a vau and members
generally are picked up Ü they physically cannot otherwise attend church services. The fact that
church functions will take place in an existing buDding with certain set back deficiencies, and the need
to construct a parking lot, the variances are necessary if in fact the existing bullding is to function as a
church. If any of these variauces are denied then for all practical purposes this church denomination
will have purchased property that they will not be able to use as a church. This action wiD have serious
consequences, because they do not possess, in any short range timeframe, the ability to overcome this
economic condUion. Neither are properties in this area ofImmokalee easy to dispose of. Consequently,
they will lack the financial ability to acquire another site for an extended period of time.
2. Me there special conditions and circumstances which do not result from the action of the applicant
such as pre-existing conditions relative to the property which is the subject of the variance request.
Pre-ensting conditions are such that the acquisition of additional property poses an undue burden and
may restrain the ability of the members of this church to practice their religious bellefs on property
that they can claim as their own, and to make the necessary improvements which given existing
conditions, can only be an improvement. Quite simply they caDDot afford to meet the optimum
standards that would otherwise apply to a church conditional use in a residential zoning district. We
appreciate that economic factors are unimportant to application of evaluation criteria and this ü
literally applied will have dire consequences on this church denomination to fmd a home in
Immokalee.
3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
Yes a literal application of the rules, which were meant for a general application wUI work an undue
hardship on the members of this church. Acquisition of additional land will pose an extreme financial
hardship and in all likelihood they would have to abandon this site. This will effectively prevent this
church denomination from acquiring their own place of worship. Properties in Immokalee are not
easily disposable and no doubt a distressed sale would have further economic consequences.
4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of
the land, building or structure and which promote standards of health, safety or welfare.
Yes
5. will grañtiôi~tiìe variance requested coDfer on the petitioneriiny spedal priVilegeibãt is deníeéfbý~
these zoning regulations to other lands, buildings, or structures in the same zoning district
Yes, however the question begs the difference between a church and a for profit conditional use.
Certainly, the justification for acknowledging reduced standards for a church have some merit given
its location in Immokalee, and the minor denominational characteristic of its church members. Any
reasoned analysis of the physical and economic conditions of this area would conclude with an
assessment that the privileges these variances grant will only be beneficial to this neighborhood of
Immokalee. The fact remains that approval of tbe church will result in upgrades to the quality of the
building and the property. This should be seen as an opportunity to introduce property improvements
as opposed to any special benefits to the property owner.
6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
We do not believe the granting of the variances will have a detrimental effect or be otherwise injurious
to the neighborhood. To the contrary the re-use of the existing building will result in improvements
which will bring about a marked improvement in the quality of the building and the site.
Application for Variance Petition - 6/24/02 Page 6 of 9
~
Agenda Item No. 78
March 8, 2005
Page 18 of 30
7. Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf course, etc.
There are no natural conditions that can help amellorate the fact that a conditional use of a church on
a smaller site will occupy the site nor should It be necessary because in reality no one will know the
difference. However, the physical improvements to the building and site should make a marked
change in how this property projects itself to Its environment.
8. Will granting the variance be consistent with the growth management plan.
There are no provisions of the GMP that speak. to this matter.
(i)
VARIANCE PETITION
APPLICATION SUBMITTAL CHECKLIST
TillS COMPLETED CHECKLIST IS TO BE SUBMI'ITED WITH APPLICATION
PACKET!
REQUIREMENTS #OF
COPIES REOUlRED
1. Completed Application 15 X
2. Completed Owner/Agent Affidavit, Notarized 1 X
3. Pre-application notes/minutes 15 X
-. .-.....-.,-.._"" . -..-... -~--..-. ... ".-- .- -. -
4. Survey of property, showing the encroachment 1 X
(measured in feet)
5. Site Plan depicting the following: 15 X
a) All property boundaries & dimensions
b) All existing and proposed structures (labeled as such)
c) North arrow, date and scale of drawing
d) Required setbacks & proposed setbacks
6. Location map depicting major streets in area for 1 X
reference
7. Pre-Application fee, Application fee and Data .. X
Conversion fee, checks shall be made payable to
Collier County Board of Commissioners
8. Other Requirements - _Aerial .. X
!Man
Application for Variance Petition - 6/14/02
Page 7 oU
(i)
Agenda Item No. 78
March 8, 2005
Page 19 of 30
VARIANCE PETITION
APPLICATION SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET!
REQUIREMENTS #OF
COPIES REQUIRED
1. Completed Application IS X
2. Completed Owner/Agent Affidavit, Notarized 1 X
3. Pre-application notes/minutes IS X
4. Survey of property, showing the encroachment 1 X
(measured in feet)
5. Site Plan depicting the following: IS X
a) All property boundaries & dimensions
b) All existing and proposed structures (labeled as such)
c) North arrow, date and scale of drawing
d) Required setbacks & proposed setbacks
6. Location map depicting major streets in area for 1 X
reference
7. Pre-Application fee, Application fee and Data - X
Conversion fee, checks shall be made payable to
Collier County Board of Commissioners
ß. Other Requirements - _Aerial - X
Map
. ...~.--..,...,. ......... ~- ..~ . - ------- --'--- -. .-.- --
-~_...-.'
Aß the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
. a.e in this submittal package. I understand that failure to include all necessary submittal information may
esult' the dcla of processing of this petition.
O~-~... ~
Date
RE-SUBMITTAL
V Ä-2003-AR -4327
, PROJECT #2002060036
DATE: 9/11/03
KAY DESELEM
Application for Variance Petition - 6/24/02
Ii'age 1 of 9
Agenda Item No. 78
March 8, 2005
Page 20 of 30
(i)
RE-SUBMITTAL
V A·2003-AR -4327
PROJECT #2002060038
DATE: 9/11/03
KAY DESELEM
WelL' 0 being first duly sworn, depose and say that well
amlare t e ow ers of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the
disclosure of interest information, all sketches, data, and other supplementary matter attached to
and made a part of this application, are honest and true to the best of our knowledge and belief.
Well understand that the information requested on this application must be complete and
accurate and that the content of this form, whether computer generated or County printed shall
not be altered. Public hearings will not be advertised until this application is deemed complete,
and all required information has been submitted.
As property owner WelIfurther authorize V (\ ~ ~ ~ .~ to act
as ourlmy representative in any matters regarding this Petition. \
AFFIDAVIT
~4f: $¿/;ß
Signature if Property Owner
Signature of Property Owner
pletl dtJIl»e B-.r/t H.~~
Typed or Printed Name of Owner
Typed or Printed Name of Owner
.. _ ~.",,_....,_..__.__________'__~__'_'~__._ __.__._______·ø.____· ..-_____.
_...... __ ._.._._. ____,._ .,..__.__.........____..u_.._..__..__...".._____·~__·__··.-. .-
_....._.._........·h.·.·_
Theforegoi¡zg.!nstrument w3aCknOWledged before me this C. day of~ß~ .
f)!:)001;-by ¡)/GtÀ DOMVe- Lu"'¡"t¿.!. who is personally known to me or has produced
P-DL fl.i.3:.J.¡i:.o J¡ I i{~ as identification.
.it: - State o[
.'C
PAT FLESHæR ....,
NoIIIr PWIIc. Stall of Fbida
State of Florida
County of Collier
Application for Variance Petition - 6/24/02
Page 9 of9
Ag~nda Item No. 78
March 8, 2005
Page 21 of 30
ADDRF..8SfNG CHECK' .IST
Please complete the following and submjt to the Adc1rcssing Section for Rt:view, ~11I1 ÎlenlS wilI ¡~pply' to ~vcQ'
E.r~Ct:t. Items in bold type arc roouirt!d.
. l.egal description 0 r liubject property ()r properties (c:0l'Y of lengthy tlLtCl'ipl/on may he Qttached)
Se e .a ~ f' ~k d
. ~ - --.
2. f9Jio (prop~rty ID) Dumb :r(s) of abo,lie (attarl¡ to. or cu.'·odQ(~ with, "--gal dcscriptioTl ifRlore than o1/e)
Do I à.L...t ~ l.." bOC\(') " _. ._
3. S~t addrcss..(~, addresses (us applicable. if(Jlr~atly o.tslgnc!lf)
:3;)5 ~ .~ ~~-I: re<:>-+- .......1"'\Lr-M--.. .
4, Location map. sh'owing cxnct location ~fprojc.ctlsÌlc in ~ration to ne'4rest pub1ic roatl right-or-way (altach)
5. .:Copy ofsurvuy (N~¡":DED ONLY FOR UNPLAITED PROPERTlES) " I~
6. Propo~cd project name (if upplir.ah/(!) .
. '" ·0 .
S. Site Development Plun Number (flOR rocrSTfNO PROJECTSlSn'ëS ONLY}
SDP_
9. Petition 'J'ypfi:" (Complcte 11 separate Addrcs~;ng Checklist for ~h Petition Type)
DSDP (Sile Development Plun)
o SDPA (SDP Amcndmcnl)
o SDPJ (SDP Insubstantial Change)
D SiP (Site Impruvement PIM) -
q SlPA (SIP Amendment.)
o SNR (Street Name Change)
8'Vcgctation/ëxotic ~al PcrmiLo¡)
9'Land Usc Petition ~onùlL10nal Us-c.-J
. Boat Dock Ext.,Rczonc, PUD" Tc:7.0I1e:-etc.)
rJ .Qlbc"..'T - Dt:scribe:
1 O. Pr~j~t or devclopmc~i names proposed 1òr, Or ~Jready appearing in, tonðomini~ documents (if applicab¡e~
inùi~le whether proposed or existing) . "'_~.___
~
7, Propošëd šÚ~-ëi names (If ClpplicabIe)
o PPL (Plans & Plat Review)
o PSP (Prclinúnary Subdivision Plat)
o FP (Final Plat)
o LLA (Lot Lint: Adjusuncnl)
o UL (Blasling Pernùt)
o ROW (Right-or-Way Pem1i~)
D EXÞ (Excavalion Pennit)
o VRSFP (V~g. Remova1 & ~iLe Fill Permit)
11. Please ('ñcck One~ ~ Chœklist is to be Faxed Bilck lJ Pt.'rsõna/iy pIcked Up . -
12. Applicant N:.m~t \ ~ ~,-') {. c,;.c.....4::.' . Vhoue 4~-D)...).3 Fax~u 3.. S D "'" ~
13. Signature on Addressing Checklist docs not constitute Proj~l and/or Slccct Name nppnwal and is subjcct to
furtlu.'T review by the Aùùre.<;¡¡ill,g Section.
FOR .~TAFF VSE ONLY
Pril11.nry Number ~ 0 \<ñ
Aç1ç1fC~~ N\lmÞ~
Address Number
,~'Addr~s Number
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Appro_cd b~ ~D>J!c--8-1-0¿
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RE-SUBMITTAL
V A-2003-AR-4327
PROJECT #2002060036
DATE: 9/11/03
KAY DESELEM
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A~el1da Item No. 78
I rr.AI DESCRIPT~\1!I March 8, 2005
BeGINNING A T THE NORTHeAST 13R1/Cf:w;e;¡¡' of 30
W£:!iT 380 FE:CT OF THE: ellST IbTO FCCT OF TII£:
NlIRTH HALF OF TII£: SOUTHE:IISt I}UARTeR Of' THC
SOUTIlE:IIST QUARTeR OF seCTIQII 4, TOVNSHIP 4T
SroTH. RIINliF: ep ellST, cIJI.LIeF COUNTY.
jf¡fJfrfM1/:ff ~lIfguJ:II~}~s't38~II;Icr
OF THe CAST IOTO Fecr TRIICT II DISTANCe (IF
ISO Fecr TO TII£ POINT (IF .BeGINNING OF TRIICT
HE:RElN DF:SCRIB£DJ TII£:HeE: CON.~INUING SOUTH . .
/lLONG SIIIlI EAST BOUNDARY Ll !: OF SAID TRACT
II DISTANCe OF eso FITT) THE: e RUN VEST leD
FE:f:T¡ TIlE:NCE: RUN NORTH e:so rrrT, THENCE RUN
EAST 120 FE:CT TO II PO/NT OFB£GINNIi'/ú. SMD
PROPE:RTY BEING ALSO IJE:SCRIB£'D AS LOTS 3, 4,
t,J.,,^:fD 7¡.rllE:lI ::rO/£:D II JJl~I~;;¡o:.ÞIE: OF
LAKE: VI£"'" PROPeRTIEs. .
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GRAPHIC SCALE
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SOUTH 150.00' (O"'~)
(8.0.8.)
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JUM£ 3. 1,.6
BOUNDARY SURVEY
eSlgn'
r(L'llInt
T ABERN,\CLE cr BETHLEHEM
DlEUOOrE BRUTUS - PASTOR
j
RBðDES '" III/ODES
LAHti SURVEYING, IN
urn Its 6897.
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I I.wO RAIL BEAD BOULEVARD. II
NAPLES. FLORIDA 3d 10
I (239) &93-0&70 (239) &93-0&BI
-------
___._.._._h_'__
TRANSM ITT AL
MEMORANDUM
r 'IVED
Sf.:P J 8 2003
Agenda Item No. 78
Vanassë~1III
Daylor _
Urban Planning
Landscape Architecture
Ovll engineering
T raffle Engineering
Environmental Science
FL 366
To:
Kay Deselem AICP
Principal Planner
Collier Cnty. - Community Dev. &
Env Servo Div.
2800 North Horseshoe Drive
Naples, FL 34104
From: Terri Melna
Project Coordinator
tmelna@vanday.com
Cc:
Date: September 16, 2003
Re: Tabernacle of Bethlehem
We are sending you via US Mail the following:
Copies Date Description
1 9/16/03 Revised letters to property owner
1 9/16/03 Affidavit of Compliance
Remarks:
. - ----- ..---..-.,--
"i\-2003-AJt-4327
PROJECT #2002060036
Di\ TE: 9/18/03
KAY DESELEM
12730 New Brittany Boulevard. Suite 600, Fort Myers, Florida 33907 T 239.437.4601 F 239.437.4636 w vanday.com
DocurnentlO
Job Number: 40206.04
I
I
I hereby certitYtbat pursuant to Ordinance 01-60, of the Collier County Land
. I
Development Code, I d¡id give notice by mail to the following property owners and or
I
I
condominium and civiç associations whose members may be impacted by the proposed land use
I
,
. changes at their curren~ address as shown by the records of the Collier County Property Appraiser
Agenda Item No. 78
March 8, 2005
Page 24 of 30
AFFIDA VIr OF COMPLIANCE
of an application requ¡t for a. rezoning, PUD amendment, conditional use, variance, or parking
exemption, at least t, days prior to the scheduled Neighborhood Information Meeting. The said
notice contained the la~en's description of the site property of proposed change and the time
. and place of a Neighbo~od Information Meeting.
Per a~ed letters and or property owner's list, which are hereby made a part of
this
-~lLk~
State of Florida
County of Lee
: II.J\...
The foregoing Agreemþnt Sheet was acknowledged before me this u 1.:
day of
....f£P1efY\/!:} f..P.. i. 2003 by P-h~~Q NINð
who is ~na11Y~ ~ me orwh~ prouuced-
i
~-~.~asidentiñcation.~f
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~ e'''' C"ROl l. WIRES"UGM
. .. Notary PublIC' $\1111 fI FIaI1da
. . t.lyCof lll\1lllÞ1er¡na""'17,2IIGI
Commln1on . 0002':'.' ~
---
tarbl L ..W¡'N:rb-a.tljh
(print name ofNotaIyPublic)
NOTARY PUBUC
strap
194200 302E04
472904 084.0012E04
472904 084.0032E04
472904 084.0042E04
472904 084.0092E04
194200 292E04
472904 084.0072E04
194200 282E04
4729040B4.0022E04
194200 272E04
472904084.0002E04
472904 141.0002E04
194200 262E04
472904 084.0092E04
194200 252E04
194200 242E04
472904 142.0002E04
194200 232E04
472904127.0002E04
194200 202E04
210100 12E04
210100 22E04
. 472904 130.0002E04
194200 192E04
210100 A 12E04
4729040B4.0082E04
194200 172E04
472904128.0002E04
addline1
BLOCKER, RICHARD
BERMUDEZ, CARLOS
BEAUHARNAIS, JEAN-JOSEPH
HARRINGTON, SALLIE MAE
AYALA, MATEO=& NORA
WISNIEWSKI, LEONARD
BROADHEAD ET VIR, SOPHIE B
SMITH, W H=& CUTE
CREWS TRS, JIM P=& MARGARET H
NEALY, HATTIE MAE
AYALA, JESUS
AYALA, CLARA
DAVENPORT, ROBERT E=& LYNETTE
AYALA,MATEO=&NORA
ROSILLO, JOSE L
IRIZARRY, CESARIO
AYALA, MATEO F
WRIGHT, ATHELEA
HERNANDEZ, JAVIER=& LAURA
REGAN, ISMAELI
BERMUDEZ, CARLOS
BERMUDEZ, CARLOS
JOSURIN, NODILLA
JACKSON TR, KING D=& VIOLENE S
BERMUDEZ. CARLOS
WINGS OF DELIVERANCE INC
JACKSON TR, KING D=& VIOLENE S
HALL, ALIDA VICTOR
-
Agenda Item No. 7B
March 8, 2005
Page 25 of 30
addline2
BLOCKER. JEWEL M
1009 JEFFERSON AVE W
304 COLORADO AVE
PO BOX 695
207 WASHINGTON AVE
2630 35TH AVE NE
3681 SEMINOLE AVE
PO BOX 728
TAD 11-22-96
PO BOX 1333
225 NEW MARKET RD W
207 WASHINGTON AVE
9064 THE LN
207 WASHINGTON AVE
ROSILLO, MIGUEL CHAVEZ
PO BOX 428
207 WASHINGTON AVE
PO BOX 43
RUBEN & PAULA GONZALEZ
PO BOX 1731
1009 JEFFERSON AVE W
1009 JEFFERSON AVE W
PO BOX 1421
UTD 10/24/94 JACKSON FAMILY
1009 JEFFERSON AVE W
% BISHOP CALVIN WILLIAMS JF
UTD 10/27/94 JACKSON FAMILY
2201 43RD LN SW
RESOLUTION NO. 05-_
Agenda Item No. 78
March 8, 2005
Page 26 of 30
RELATING TO PETITION NUMBER VA-2003-AR-4327
REQUESTING VARIANCES IN THE VILLAGE
RESIDENTIAL (VR) ZONING DISTRICT AS FOLLOWS:
1) FROM THE MINIMUM LOT AREA REQUIRED FOR
A CONDITIONAL USE, TO ALLOW AN EXISTING 0.69
ACRE SITE TO BE DEVELOPED FOR A CHURCH; 2)
TO REDUCE THE 35-FooT FRONT YARD SETBACK
TO 20 FEET; 3) TO REDUCE THE 33 PARKING SPACES
TO 19 SPACES; AND 4) TO REDUCE THE LANDSCAPE
BUFFER ON THE NORTH AND SOUTH PROPERTY
LINES FROM A IS-FOOT TYPE "B" TO A lO-FooT
WIDE TYPE "B" BUFFER, FOR PROPERTY LOCATED
IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29
EAST IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such
business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the
area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of variances to allow development of a church (LDC
§4.02.02.E.) as a Conditional Use on an existing tract containing 0.69 acres instead of one acre; to
reduce front yard setback from 35 feet to 20 feet; to reduce the number of parking spaces from 33
to 19 spaces (LDC §4.04.04.G.Table 17); and 4) to reduce the landscape buffer on the north and
south property lines from a IS-foot type "B" to a lO-foot wide type "B" buffer (LDC §4.06.02
Table 24), as shown on the attached site plan, Exhibit "A", in a Village Residential (VR) Zone for
the property hereinafter described, and has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by said regulations and in
accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for
the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in
public meeting assembled, and the Board having considered all matters presented;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
The Petition VA-2oo3-AR-4327 filed by Ronald F. Nino, AICP, of Vanasse & Daylor,
representing Dieudonne and Lunie Brotus, with respect to the property hereinafter described in
Exhibit "B" attached hereto and incorporated by reference herein, be and the same hereby is
approved for variances in the Village Residential (VR) Zoning District to allow development of a
Page 1012
Agenda Item No. 78
March 8, 2005
Page 27 of 30
church (subject to separate conditional use approval) on an existing tract containing 0.69 acres
instead of one acre; to reduce ftont yard setback from 35 feet to 20 feet; to reduce the number of
parking spaces from 33 to 19 spaces; and 4) to reduce the landscape buffer on the north and south
property lines from a IS-foot type "B" to a lO-foot wide type "B" buffer, as shown on the attached
site plan, Exhibit "A", subject to the conditions found in Exhibit "C" which is attached hereto and
incorporated by reference herein.
BE IT FUR TIlER RESOLVED that this Resolution relating to Petition Number V A-2003-
AR-4327 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2005.
A ITEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLffiRCOUNTY,FLORIDA
FRED W. COYLE, CHAIRMAN
Approved as to Fonn
and Legal Sufficiency:
Patrick G. White
Assistant County Attorney
Exhibits: A. Conceptual Site Plan, entitled, "Tabernacle of Bethlehem," prepared by
Vanasse Daylor, last revised August 26, 2003.
B. Legal Description
C. Conditions
Page 2 of2
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Agenda Item No. 78
March 8. 2005
Page 28 of 30
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Agenda Item No. 78
March 8, 2005
Page 29 of 30
-------
-...--------
LEGAL DESCRIPTION
BEGINNING A T THE NORTHEAST CORNER OF THE
\.lEST 380 FEET OF THE EAST 1070 FEET OF THE
NORTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 4, TO\.lNSHIP 47
SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA THENCE RUN SOUTH ALONG THE EAST
BOUNDARY LINE OF SAID TRACT WEST 380 FEET
OF THE EAST 1070 FEET TRACT A DISTANCE OF
150 FEET TO THE POINT OF BEGINNING OF TRACT
HEREIN DESCRIBEDj THENCE CONTINUING SOUTH
ALONG SAID EAST BOUNDARY LINE OF SAID TRACT
A DISTANCE OF 250 FEETj THENCE RUN WEST 120
F££Tj TH£NCE RUN NORTH 250 FE£T, THENC£ RUN
EAST 120 FEET TO .4 POINT OF BEGINNING. SAID
PROPERTY BEING ALSO DESCRIBCD AS LOTS 3, 4,
5, .6 AND 7, OF A MAP OF A SUBDIVISION
PROPOSED TO BE RECORDED UNIJER THE NAME OF
LAKE VIEW PROPERTIES.
VA-2003-Alt-432-
ExhIbIt ~
-----
Agenda Item No. 78
March 8, 2005
Page 30 of 30
CONDITIONS OF APPROVAL
V A-2003-AR-4327
The foregoing variance petition approval is subject to the following conditions:
1. The variances granted are limited to the use of the existing structure for a house of
worship, as depicted and more particularly descn"bed in the applicant's site plan entitled,
"Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last
revised December 7, 2004.
2. The yard variance being granted is limited to allowing the encroachments of the existing
building solely for use as a church. Any other conditional use is subject to re-review of
the variance issues.
3. Parking within 3rd Street South right-of-way is prohibited. All parking must be
contained on-site.
4. No variances have been granted to reduce any buffer requirements except for width or to
provide relief from the requirement to provide a wall along any project boundary.
Buffering materials for the church use must be provided in compliance with the LDC
requirements unless separate administrative variance relief is sought and approved in
compliance with the LDC.
5. No expansion or enlargement of the existing building is pennitted.
6. The developer will maximize the subject site's land area to provide additional parking
spaces, up to the maximum number of parking spaces that can be accommodated on the
site, in the area between what is shown on the site plan as "paved aisle" and the western
property boundary.
(Revised February 3, 2005 to incorporate the CCPC recommendation)
-....
EXHIBIT C
Agenda Item No. 8A
March 8, 2005
Page 1 of 10
.~-
EXECUTIVE SUMMARY
An Ordinance of the Board of County Commissioners of Collier County, Florida, amending
Ordinance Number 04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land development regulations for the unincorporated area of Collier
County, Florida, by providing for: Section one, recitals; Section two, rmdings of fact; Section
three, adoption of amendments to the Land Development Code, more specifically amending the
following: Chapter 6 - infrastructure improvements and adequate public facilities requirements,
including Sec. 6.06.02 sidewalk, bike lane, and greenway requirements; Chapter 10 - application,
review, and decision-making procedures, including Sec. 10.02.03.b.1. rmal site development plan
procedure and requirements; Section four, conflict and severability; Section five, inclusion in the
Collier County Land Development Code; and Section six, effective date.
OBJECTIVE:
This is the first of two required public hearings addressing a proposal for consideration by the Board of
County Commissioners to amend the text of the Land Development Code (LDC) as it pertains to
sidewalks to address interconnectivity issues and authorizing payments-in-lieu of construction for
sidewalks and bike lanes and to develop a comprehensive system of sidewalks and bike lanes that will
achieve the maximum degree of interconnectivity, which serves the best interests of the community.
,~~'
CONSIDERATIONS:
.-..
On December 7, 2004, at a Board of County Commissioners (BCe) workshop to address various
issues regarding the mandates and associated language in the Land Development Code requiring the
construction of sidewalks and bike lanes in Collier County, and in a subsequent BCC meeting on
December 14,2004, the Board, as agenda item 16.A.lI, approved a Special LDC Amendment Cycle.
The purpose of the Special cycle is for staff to address urgent matters regarding sidewalk and bike lane
issues pursuant to Chapter 10 of the Collier County Land Development Code. The most significant of
these amendments is the proposal to create a payment-in-lieu of construction option, as summarized
below, which may be authorized or required as part of any corresponding development order or pennit,
at the discretion of the County Manager or designee, for any or all of the following circumstances.
l.Where planned right-of-way improvements are scheduled by the County Transportation Division in
the County's Capital Improvements Program (CIP), any governmental entity's adopted five year work
program; or
2. Any developer's written commitment approved by the County where the cost of proposed sidewalks
or bike lanes would be greater than twenty-five percent of the development's cost of improvements, as
detennined by the project engineer's estimate approved by the County Manager or designee; or
3. An existing development that has not been constructed with sidewalks or bike lanes and no future
connectivity of one or more of these facilities is anticipated by the Comprehensive Pathways Plan or
within the Plan's current five year work program.
Funds provided as payments-in-lieu do not release the developer nom meeting these requirements if
the payment-in-lieu amount is less than what would otherwise be required to completely construct all
of the required sidewalks and bike lanes. In that event, the development will continue to be obligated
to payor construct the outstanding requirements until fully paid or constructed, except that partial
SE-04-AR-5494
1
Agenda Item No. 8A
March 8, 2005
Page2of10
payments previously made will fully vest that portion paid. Any future payments-in-lieu will be
applied to the developer's continuing obligation to construct sidewalks and bike lanes under the current
LDC specifications. The proposed amendment also provides for clarification as to the location of
sidewalks and provides alternative sidewalk designs that are determined by the County Manager, or
designee, to be at least equivalent in function to that which would otherwise be required and would
serve each dwelling unit.
FISCAL IMPACT:
The proposed regulations will authorize an alternative source of revenue from payments-in-lieu of
construction that will be spent for system improvements. Payment in lieu of construction costs are
identified in the Schedule of Fees and are based on current Florida Department of Transportation
(FDOT) Planning statewide construction costs which are currently approximately $6.00 per square foot
or a certified Engineer's estimate.
GROWTH MANAGEMENT IMPACT:
This request will have no impact on the Growth Management Plan and has been deemed consistent by
the appropriate Collier County staff.
LEGAL CONSIDERATIONS:
The Collier CoUnty Land Development Code mandates the process for amending text of the Land
Development Code. All text changes are required to be considered in relationship to their
consistency with the County's Growth Management Plan.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) AND COLLIER COUNTY
PLANNING COMMISSION (CCPe) RECOMMENDATION:
Due to the number and size ofthe DSAC's recommendations, they are specifically restated (as best as
can be articulated) where the suggested alternatives would otherwise occur, i.e., footnotes 3 and 4 of
the Typical Cross-Section Table as part of this amendment. The CCPC unanimously recommended
approval of deleting DSAC's footnote 4, and amending footnote 3 as shown in blue and by double-
underlining on the attached amendment.
STAFF RECOMMENDATION:
The Board of County Commissioners is not required to take action at the tint public hearing but
will be required to do so at the second hearing which is presently scheduled for March 22, 2005.
Staff recommends approval of the proposed amendment consistent with the recommendations of the
Collier County Planning Commission finding these provisions consistent with the County's Growth
Management Plan.
Prepared by: Susan Murray, AICP, Director, Zoning Department
February 22, 2005
...",,-..
SE-04-AR-5494
2
Ilem Number
Item Summary
Meeting Date
Approved By
Sandra Lea
CommunIty Development &
Environmental Se.rvices
Agenda Ilem No. SA
March 8. 2005
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8A
An Ordinance of the Board of County Comrnìs$ioners of Comer County, Fîorida, amending
Ordinance Number 04-41 r as amer1ded. tl,e Ccllier County Land De'fe!opment Code, which
includes the comprehensive land development regulations far the unincorporated area of
Coltler CourHy, Florida, by providing for", Sedion one, fecrta!s~ Section two. findings offa~1,
Section tllree. adoption of amendments to the Land Development Code, more speciflcsHy
amending the following. Chapter 6 - infrastructure improvements and adequate public
facilities requirements, Including Sec. 6 06.02 sid.ewalk, bike lane, and gree.nway
requirements; Chapter 10- application, revIew, and decision-making proce:dures, incíuding
Sec 10 02.03.b.1. Final site d.evelopment pian procedure and requirernenls, SecLion four,
conHict and severabiiity, Sedit1r1live, inclusiol"l in the ColI¡er COünty Laf"ld DevelopfTler,l Code:
and Se:ct¡on six. eHective datÐ.
318/2005900:00 AM
Executive Secretary
Date
Community Development &
Environmental Services Admin
2/23/20054:40 PM
NÎck CasaJanguidi
Project Manager
Date
Approved By
Transportation Service$.
Transportation Plan"ín9
2/2412005 7:55 AM
Constanc~ A. Johnson
Date
Approved By
Community Devt>lopment &
Environmental Services
Operntions Analyst
Community Development &
Envirclf1mental Servl<:e5 Admin.
2124120058:10 AM
Approved By
Patrick G. White
County Attorney
A.s.s.h.tant County Attorney
Date
County Attorney Office
2/24/2005 9:09 AM
Date
Approved By
Jm,cph K. Schmitt
Community Development &
Environmental Service$.
Community Development &
Enviroomental Servìces Adminatrator
Community Development &
EnvÎronmental Servlr;~ Adm!"!,.
2/2512005 9:16 AM
OMS Coordinator
Admlnìstrativc Assistant
Date
Approved By
County Me.nager's Office
Office of Management & Budget
2IZ5/2005 11 :30 AM
Mark Isackson
Budget An,¡lysöt
Date
Approved By
County M.anager's OfficI!!
Office of Managt>ment & Budget
2/26120051 :14 PM
Míc;hael Smykowskí
Management & Budget Director
Date
Approved By
County Manager's Offic.e
Offic.e of Management & Budget
31212005 9:48 AM
Approved By
Leo E. Oehs, Jr.
Board 0' County
CommissJonttrs
Deputy County Manager
Date
County Manag~r's Otrlce
312/200510:15 AM
Agenda Item No. 8A
March 8, 2005
Page 4 of 10
SPECIAL CYCLE (SIDEWALKS) - PROPOSED LDC AMENDMENT
SCHEDULE
Meetine Dav Date Time
BCC Workshop Tuesday Dec. 7 9:00 a.m.
Submission Deadline Friday Jan. 7 8:00 a.m.
CCPC Thursday February 17 8:30 a.m
BCe Tuesday March 8 9:00 a.m.
BCe Tuesday March 22 9:00 a.m.
Community Development & Environmental Services
Agenda Item No. 8A
March 8, 2005
Page 5 of 10
LDC Amendment Reauest
0211112005
ORIGIN:
Community Development and Environmental Services Division & Transportation
Division
AUTHORs: Nick Casalanguida, Russ Muller, Mindy Collier, Patrick G. White, et ai.
DEPARTMENTS: Zoning, Transportation, Engineering Services, County Attorney's Office
AMENDMENT CYCLE # OR DATE: Special Sidewalk Cycle-2005
LDC PAGE: LDC6:24-25; and LDC1O:38-1O:43
LDC SECTIONS: Sections 6.06.02; and 10.02.03 B.l.
LDC SUPPLEMENT #:
Original LDC recodification (Ord. No. 04-41, as amended)
CHANGE: Amending text to address interconnectivity issues, authorizing payments-in-lieu
of construction for sidewalks, and bike lanes. Due to the number and size of the DSAC's
recommendations they are specifically restated (as best as can be articulated) where the
suggested alternatives would otherwise occur, Le., footnotes 3 & 4 of the Typical Cross-Section
Table. Note: the CCPC unanimously recommended approval of deleting DSAC's footnote 4, and
amending footnote 3 as shown in blue and by double-underlining.
REASON: To develop a comprehensive system of sidewalks, and bike lanes that will achieve
the maximum degree of interconnectivity.
FISCAL & OPERATIONAL IMPACTS: The proposed regulations will authorize an
ahernative source of revenue from payments-in-lieu of construction that will be spent for system
improvements. Payment in lieu of construction costs are identified in the Schedule of Fees and
are based on current FOOT Planning statewide construction costs which are currently
approximately $6.00 per square foot or a certified Engineer's estimate.
RELATED CODES OR REGULATIONS:
Various throughout the' Code.
GROWTH MANAGEMENT PLAN IMPACT: Implements Goal 1, Objective 4, and
Policies 4.1, 4.3, 4.4, 4.6, 4.7, and 4.8 of the Transportation Element of the Collier County GMP.
OTHER NOTESNERSION DATE: This version was created on December 2, 2004 at
4:05 p.m. Amended December 16,2004 at 3:07 pm. Further amended January 14,2005, at 4:24
p.m, on January 24, 2005 at 3:25 p.m., on February 4, 2005 at 10:37 a.m; and on February 11,
2005, at 8:59 a.m., and on February 18,2005, at 15:29, and on February 22, 2005 at 10:16 a.m.
Amend the LDC as follows:
1
Agenda Item No. 8A
March 8, 2005
Page 6 of 10
6.06.02 Sidewalks and Bike Lane Requirements
A. Unless otherwise exempted by the regulations of this LDC. a11 developments ~
de>¡elop« must construct sidewalks and bike lanes.. where applicable, prior to
completion of construction authorized by a final subdivision "plat site improvement. or
site development plan. or any substantial amendment thereto. and as described below;.;
Ußless othervlÌse exempted. -&om the SUBDIVISION ægWatio8s of this LOC.
1..:. Sidewalks and bike lanes, where requireda.pplieable, must be constructed
eooogüot:lS within t& public and private r-øadways right~-of-way& or easements.
which are adjacent to and internal to the site, in eoøfÐl"fl'JØ:Ðee with the foYøwmg
eriteria: as follows:
L BIKE LA~NES must be pro'lÍded on both sides of COLLECTOR aad .'\RTERL\L
STREETS.
2. SIDEWALKS six (6) feet Íß width. HH:lst be pRWided 08 9Mh sides of
COLLECTOR aRà AR TERIl'~L STREETS.
3. SIDEWALKS five (5) feet i8 width moot be provided OD both sides ofloeal
streets.
Typical Cross Sidewalks - Both sidesl 234 Bike Lanes - Both sides 1 ¿ ,)..
Section
6 Feet wide 5 feet wide
Arterials and X X
collectors
Loca1/Intemal X
Accessway
- except that only reqUIred on one sIde (closest to the development) where nght-of-
way is adiacent to. but not within. the subiect develoDment and except as set forth
below in this section.
2_ unless otherwise determined by the County Manager. or designee. that the existing
ROW cross-section is physica11y constrained or construction would result in unsafe
conditions.
LAdditionally, the DSAC unanimously approved motions at its February 2, 2005,
meeting recommending the two following alternative exceptions that would have new
numbers 3 & 4, as "superscripts" for these "footnotes."
3 -except that for residential develoDment projects where 75% or more of that
project's land area has been approved as of [the effective date of this ordinance) for
site develoDment Dlans or final subdivision plats with sidewalks or bike lanes that
are only required on one side of the ROW. then all applications for subsequent site
development plans or final subdivision Dlat may be approved with sidewalks or
bike lanes on only one side of the ROW.
[The CCPC recommended deleting the following provision:]
2
Agenda Item No. 8A
March 8, 2005
Page 7 of 10
4_ for development projects seeking approval of a fmal subdivision plat of 25 or
fewer lots where those lots front on a ROW that terminates in a cul-de-sac. then
sidewalks or bike lanes will only be required on one side of the ROWand not
around the circumference of the cul-de-sac.
END DSAC AND CCPC RECOMMENDATIONS.]
2. 4:-For multi-family site development and site improvement projects, within an
conventional zoning districts RT, RMF 6, RMF 12, and RMF 16 and all multi-
family residential components of PUD districts.;.
a. ~idewalks, five feet in width, must be provided on bath sides of lacal
STREETS within a dedicated public or private right-of-way or roadway
Ef~SEMENf other internal access way-æaEl. Where there is no public or private
right-of-way or internal access way DToposed within a development. or raadway
EASEMENT, sidewalks must be cons1ructed in accordance with Code standards
contained herein to connect from each on-site residential buildingfS1 to a
sidewalk within an adjacent private or public æaElri2ht-of-way or, if no
sidewalk exists therein. œ-must connect to the edge of the adjacent paved road
within the right-of-way IÎÐe ÎÐ aeeerdanee with Code staBdards eoBtained
heFeift.
b. Alternative sidewalk designs that are determined by the County Manager. or
designee. to be at least equivalent in function to that which would otherwise be
required and would serve each dwelling unit. may be approved. Should a two-
directional shared use pathwav be utili2edpro.posed as an alternative design. then
the minimum paved width of the nathwav must not be less than ten feet.
J.." :5. AIl sidewalks and bike lanes aloag :p\ibliø aDd private read-ways must also be
constructed in accordance with design specifications identified in sub-section !b.
below4.03.05 and 5.05.08 of this LDC.
4. ~ AIl bicycle lanes must also have signage and be marked in accordance with the
latest edition of the U.S.D.O.T.F.H.W.A. Manual on Unifonn Traffic Control
Devices.
B. All developments providing required to provide interconnections to existing and future
developments pursæmt te the DENSITY ratiBg system seetieB of the GMP must dedicate
inelade sufficient right-of-way or easement for an required te aeøommeåate the
roa~, sidewalks and bike lanes, where TeEJ.aired. Bike lanes and sidewalks must be
constructed concUlTently with the required roadway interconnection.
C. Payment-in-lieu of construction. as set forth below. may be authorized or required as part
of any corresponding development order or ~nnit. at the discretion of the County
manager or designee. for any or all of the following circumstances: Whef:e
1. where planned right-of-way improvements are by the Caœty TFaBsportatiOB
Dmsion scheduled in the County's capital improvements program (CIP)---ª!!y
governmental entity's adopted five year work pro!p"am. or any developer's written
commitment approved by the County '!loold øaase the remeval af aøy
SIDE'H ALKSor HIKE L.^.NES'1
3
~;""~""___"""""_""'"",.".,~,c~;,,-,·,·,,,
Agenda Item No. 8A
March 8, 2005
Page 8 of 10
2. the cost of proposed sidewalks or bike lanes would be greater than twenty-five
(25%) per cent of the development's cost of improvements as detennined by the
proiect engineer's estimate approved by the County Manager. or designee. or
3. an existing development has not been constructed with sidewalks or bike lanes
and no future Øf-Connectivity of one or more of these facilities is anticipated by the
Comprehensive Pathways Plan or within the Plan's current five year work program.
D. The d&veløper, i!n lieu of construction of the-r-equired sidewalks and bike lanes, all
developments approved or required to make pavrnents-in-lieu must provide funds for
the
cost of sidewalk!.and bike lane! construction as set forth in defiRecl by the Schedule of
Development of Review and Building Pennit Fees adopted in the Collier County
Administrative Code into a Pathway fund or identified CIP project. aPfJfØved by the
CoÐÐty Manager or designee, Such funds will be used by the County fur future
construction of required sidewalks and bike lanes. and system improvements to the
bicycle and pedestrian network at locations as close in proximity to the subject site as is
feasible. by the CaUBty. The time Hame for this ftmding øptioo is twe years from. the
date af issuance of the first BUILDING permit ta the date that the road oonstruction is
reqmred to be bid. Funds provided as payments-in-lieu do not release the developer ITom
meeting these requirements if the payment-in-lieu amount is less than what would
otherwise be required to completely construct all of the required sidewalks and bike
lanes. In that event. the development will continue to be obligated to payor construct the
outstanding requirements until fully paid or constructed. except that partial payments
previous Iv made will fully vest that portion paid. Anv future payments-in-lieu will be
aoolied to the developer's continuing obligation to construct sidewalks and bike lanes
under the current LDC specifications.
I), E. Sidewalk and Bike Lane Desif!n & ConstroctionlMaterials.
.L. All sidewalks shall be constructed of Portland cement concrete, or paver brick in
confonnance with the standard right-of-way cross sections contained in appendix:
B in locations illustrated on an approved site development plan. Concrete
sidewalks shall be a minimum of four-inches- thick, Portland Ci1efßent omwrete
with a 28-day compressive strength of 3,000 psi and constructed over a
compacted four-inch limerock base. or a minimum of six: inches thick of concrete
which may be constructed without a lime rock base. Expansion joints shall be
one-half-inch preformed bituminous conforming to the latest edition of ASTM.
Contraction joints shall be saw-cut joints with longitudinal spacing equal to the
width of the walk. The saw cut depth shall equal or exceed one-forth the concrete
thickness. All workmanship materials, methods of placement, curing, fonns,
foundation, finishing, etc. shall be in conformance to the latest edition of FDOT
Standard Specifications for Road and Bridge Construction, section 522. Paver
brick, sidewalks, or paver brick accents in sidewalks must be installed over a
four inch thick, compacted limerock base.
4
Agenda Item No. 8A
March 8, 2005
Page 9 of 10
2. All bike lanes shall be designed, and canstructed; H:Bd sigøed in accardance with
the mast current "Flarida Bicycle Facilities Design Standards and Guidelines" ar
the "Manual €If Unifarm Minimum Standards far Design. Canstructian and
Maintenance far Streets and Hilmways" (commanly knawn as the "Flarida
Greenboak") requirements.
*
*
*
*
*
*
*
*
*
*
*
*
*
1 0.02.03 Submittal Requirements for Site Development Plans
*
.
.
.
*
*
.
*
.
*
*
*
*
B. Final site development plan procedure and requirements
A pre-applicatian meeting shall be conducted by the County Manager ar his designee, or hislher
designee, prior ta the submission €If any site development ar site improvement plan for review.
This meeting may be waived. by the County Manager or his designee upon the request €If the
applicant.
1. Site development plan submittal packet: The site development submittal packet shall
include the following, if applicable:
.
*
*
.
.
.
*
*
.
*
*
*
*
i Infrastructure improvement plans. Detailed an-site and €Iff-site infrastructure
impravement plans and canstructian documents prepared in canfarmance with the
design standards €If Sectians 10.02.04 and 10.02.05 and any current county
ardinances, regulatians, palicies and pracedures which consist €If, but are not
limited ta, the fallawing items:
*
*
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.
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xiii. Sidewalks and bike lanes. For all projects required to be
developed through the site develapment plan (SDP) pracess,
the develaper must canstruct sidewalks and bike lanes where
applicable as described in Sectian 6.06.02helaw.
Applieaèìlity: For an districts, siàeol:alks... H:Bà bike laRes must
be eonstraeted eOHtÌguoas to peblie H:Bd prÞt"8te road¥."8Ys right
€If ways whiøh are adjaeeBt ta and/ar iBtemal to the site, in.
øanærmæee with the øriteria described bele'." as fello'.vs:
(a) Sidev¡alks, six feet ia '.':idth Blast be pr9Vided on both sides
of eolleetar aDd arterial streets.
(b) Sidewalks, fin feet in wiàth, Blust be provided an bath
sides ef loeal streets
(0) Bike laDes Jm:lst be proyided on beth sides ef eølleetor aDd
arterial streets
5
Agenda Item No. 8A
March 8, 2005
Page10of10
(d) For multi family site DEVELOPMENT aBd site
impFOyemeRt f)rojeets, distriets RT, RMF á, RMF 12, aHd
RMF 16 aad all multi family resideDtial eampooeBts of PUD
distriets; SIDE\\'ALKS, fi.':e feet in ':liàth., must he pr-evided
OB both sides of local STREETS withiB a dedieated pablie
RIGHT OF W fLY or FOaàway K^LSEMENT aeeess road..
Wheæ there is DO publie RJGßT OF \1J fAY, or roaàway
EfASEMENT, SIDEWALKS mest eOBBeet from the 00 site
residential BUIWINGS(s) to a SIDEW.\LK within a public
roadway or, if no SIDE'N'^LLK exists, to the RIGHT OF ')1.\ y
liBe iB aecoràaÐee with Code staBdafds eootained herem.
Shoak! a tv.a àÏfeational shared lise path be utilized, the
minimum paved width must be ten feet.
(e) fJI side\valks and bike hmes alaBg pablie and private
roaàways must be eODstrneted iB aeeoràaÐee '.vith design
specificatioBs identified in the Collier County Construetion
Standards Mæmal and Section 5.05.08 of this Code.
(f) Developments providiBg inten:1oßÐ:eetioBS to existiBg aad
future developments parsuant to the density ratiBg system
seatioB of the Collier County grov:th management plaa :fi.1.tme
land use element, m1ifJt melude saffieient right of ','.'-a:y to
accommodate the roaàway, sidev:.aJks, and bike laHes, 'l.'here
reEJ:Hired. Bik-e lanes and side"l,.':alks mast be eonstrueted
coneuuently with the roadway intereonneetioB.
(g) Where planned RIGHT OF '."fAY improvemeBts by the
COUBty tFanSfJortation di'¡isioD seheèuled in the eapital
improyements program (ClP) wowd cause the remov:al of all)'
SIDEWALKS or BIIΠLANES the developer, in lieu of
CODstmetiOB of the required sidewalks and bike laDes, must
provide fimds for the eost of sidewalk and bike lee
eODstmetion as defined by the sehedwe of develøpmeBt r&'iew
and buiIdiBg permit fees and deposit the same into a patllw&y
fund, f'6r future eOBstrnetion of required sidewalks aÐd bilr<e
lees, by the coUßty. The time fFame far this fundiBg optiOB is
two years fmm the date of issuanee of the first b1lÜdiBg permit
to the date that the road øOnstruCtiOB is reqaked t'6 be bid.
6
Agenda Item No. 88
March 8. 2005
Page 1 of 10
EXECUTfVESU~Y
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 CDD 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.I± 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 CDD, appears as Exhibit "1" to the
petition. The landowner's consent to the establishment of the proposed CDD appears as Exhibit
"2" of the petition.
The CDD is comprised of a previously approved Planned Unit Development (PUD) and
Development of Regional Impact (DR!) known as "City Gate." The proposed CDD 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 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. 88
March 8, 2005
Page 2 of 10
The District Board of Supervisors is initially 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 oflaw, 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, government-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 faci6ties
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 cons1raints 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 fmancing tool off the balance sheet of the County and
-
2
Agenda Item No. 88
March 8, 2005
Page30f10
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 fÌom the District and provide the service
itself.
Section 190.005, Florida Statutes provides that the exclusive and uniform method for
establishment of a CDD of less 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 ofthe 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.
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 IMPACT:
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 infÌastructure and services to be financed 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 will eventually be turned over to Collier County.
,-
3
Agenda Item No. 88
March 8, 2005
Page 4 of 10
DISTRICT RESPONSmILITIES:
According to the petition, the City Gate Community Development District, if the ordinance is
adopted, will assume responsibility for the following:
(1) General development of the approved uses within the District;
(2) Roadways;
(3) Street Lights, landscaping and signage;
(4) Stonnwater Management;
(5) Water & Sewer Utilities;
(6) Environmental Mitigation; and
(7) Other matters related to the above tasks.
GROWTH MANAGEMENT IMP ACT:
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 will be subsequently
reviewed at the time of submittal, and will 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 purpose of
establishing a CDD, as per Chapter 190, Florida Statutes, is "to establish an independent special
district as an alternative method to manage and fmance basic services for community
development." The primary pmpose of a CDD is to provide a long-tenn 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 inrrastructure 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 solid waste removal
services rrom the Collier County Utilities Division and will have to enter into one or more
interlocal agreements with Collier County, for such purposes.
PREVIOUS BOARD ACTION:
On February 8, 2005, the Board of County Commissioners required that the public hearing for
adoption of the CDD Ordinance be continued until March 8, 2005. The purpose of the
continuance was to allow the Developer of the City Gate DRI to meet with County
Transportation officials to discuss right-of-way reservation for a potential east-west arterial
roadway between Everglades Boulevard and Collier Boulevard (CR 951).
.-
4
Agenda Item No. 88
March 8, 2005
Page 5 of 10
The initial meeting between the Developer's representatives and County Transportation officials
was held on February 24, 2005, at the County Transportation offices. The parties discussed a
number of alternative right-of-way alignments through the City Gate property. A related
discussion involved the increasing impact of traffic from Landfill Road on City Gate, and that
the east-west roadway would serve to divert much of this traffic.
The meeting concluded with a commitment by the Developer's representatives that they would
bring several matters from the meeting to the Developer's attention and that future meetings
would occur with The Transportation Division Administrator. It is the opinion of County
Transportation and Comprehensive Planning staffs that the Community Development District
should be approved based on this good faith commitment for continued cooperation on
transportation issues which are unaffected by the creation of the CDD.
RECOMMENDATION:
That the Board of County Commissioners adopt and enact the proposed ordinance establishing
the City Gate Community Development District.
Prepared by: Glenn Heath. Principal Planner.
Comprehensive Planning Department
~...-.,
5
Item Number
Item Summary
Meeting Dete
Approved By
Constance A. Johnson
Community Development &
Environmental StHvices
Agenda Item No, 88
March 8, 2005
Page 6 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
88
This item was continued fram the February 8 BCe meeting. Rec.ommendation to consider
adoption of an ordinance astablish1l1( the City Gate Community Deveiopment Districl rCOD}
pursuant to Section 190.005, Florida Statutes
318!2005 9:00:00 AM
Operations Analyst
Community Development &
Environmental Services Admin.
Date
212312005 12:45 PM
Approved By
Date
Sandra Lea
Communìty Developmont &
Environmental Services
Executive S~cretøfY
Community Dcvelop,nent &
Environmental Services Admin.
212312005 1 :49 PM
Comprehensive Planning DirectDr
Date
Approved By
Stan Litsingp.r
Community Deveiopme.'\t &
Environmental Services
Comprehensive Planning
2124120057:22 AM
Patrick G. White
AS'6lstant CounW Attorney
Date
Approved By
County Attorney
County Attomey Offict!
212412005 9:09 AM
David Weeks, AICP
Chief Planner
Date
Approved By
Community Devoelopmen1 &
Environme.ntal Servìces
ComprehensÎye Planníng
2124120059:26 AM
Date
Approved By
Joseph K. Schmitt
Community Development &.
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &.
Environmental Services Admin.
2/25120059:21 AM
OMB Coordinator
Adrninlatrative Assistant
Date
Approved By
County Manager's O(fjce
Office of Man,¡gement & Budget
21251200511 :31 AM
Mark Isackson
Budget Analys.t
Date
Approved By
County ManagfJr's Office
Office (If Managenlent & Budg~t
21261200512:43 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Blldget
212912005 9:05 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
311120053:45 PM
c'I'o;.¡¡¡_,_""._""",""",,,",,,",,..~..,",,,"",,:__,._-,,
Agenda Item No. 88
March 8, 2005
Page 7 of 10
ORDINANCE NO. 05-_
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 Co llier County, Florida, a political subdivision of the State of Florida,
to establish the CITY GATE COMMUNITY DEVEWPMENT DISTRICT (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.oo5(2)(c), Florida
Statutes:
I. The petition is complete in that it meets the requirements of Sections 190.005
(l)(e) 2., and 190.oo5(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 permitting of the development to be serviced by the district, to
Agenda Item No. 8B
March 8, 2005
Page 8 of 10
ensure that neither the establishment nor operation of such district is a development order under
chapter 380 and that the district so established does not have any zoning or pennitting powers
governing development; and
WHEREAS, Section 190.004 (3), Florida Statutes, provides 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, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with app1icable comprehensive plans, ordinances, or regulations of the
applicable local general-purpose 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, TIlEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FWRIDA that:
SECflON ONE:
AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECflON 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.
SECfION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1.
Roger B. Rice
159 Kirkland Drive
Naples, FL 34110
3.
Elena Lindner
3240 22DC1 Avenue NE
Naples, FL 34120
2.
Roger G. Rice
601 Trophy Drive, Unit 503
Naples, FL 34110
4.
Paul P. Pacchiana
2139 Morning Sun Lane
Naples, FL 34119
5. Toni A. Home
18 Caribbean Road
Naples, FL 34109
2
--,-~--~..__.,- ~
Agenda Item No. 8B
March 8, 2005
Page 9 of 10
SECTION FOUR: DISTRICT 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.D12(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
Agenda Item No. 88
March 8, 2005
Page 10 of 10
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 March. 2005.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A ITEST: DWIGHT E. BROCK
BY:
, CHAIRMAN
Deputy Clerk
Approved as to ftom
And legal sufficiency:
Patrick G. White,
Assistant County Attorney
MJc/ghff:\compplanlCDDIORD.
4
,...~~.-
EXECUTIVE SUMM.A.R.Y
Agenda Item No. 9A
March 8, 2005
Page 1 of 26
APPOINTMENT OF MEMBER(~) TO THE LAND ACQUISITION ADVISORY
COMMITTEE
OBJECTIVE: To appoint 2 members to serve 3-year terms, expiring on February 11, 2008, 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 of the 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 ofnaturaJ resources, real estate or land
acquisition, land appraisal, land management, eco-tourism or environmental education. A list of
the current membership is included in the backup.
The terms for William H. Poteet, Jr. and Kathy Prosser will expire on March 12, 2005. A press
release was issued and resumes were received from the following 9 interested citizens:
APPLICANT
CATEGORY
DIST E.LECTOR ADV. COMM.
,,-
Shane Alan McIntosh See Attached Summary 4 Yes None
Len BerrmJter See Attached Summary 3 Yes None
Charles Max: Cudd See Attached Summary 3 Yes None
Bruce S. Preble See Attached S 4 Yes None
John Arena See Attached S 5 Yes None
Charles L. Martin, Jr. See Attached Summary 3 NO None
Kathy Prosser Re-aDoointment 1 Yes Land Acquisition Adv Comm
William H. Poteet, Jr. Re-aDDointment 3 Yes Land Acauisition Adv Comm
Paul Indeglia See Attached Summary 4 Yes None
COMMITTEE RECOMMENDATION:
Kathy Prosser - re-appointment
William H. Poteet, Jr. - re-appointment
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare
a resolution confinning the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MARCH 8, 100S
,-
Agenda Item No. 9A
March 8, 2005
Page 2 of 26
-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
Meeting Date
SA
Appointment of members to the Land Acquisition Advisory Committee.
3/8/20059:00:00 AM
Prepared By
Date
Sue Filson
Executive Manager to the BCC
2/25/200510:21:06 AM
Board of County
Commissioners
Bce Office
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
2/23/2005 5:05 PM
Agenda Item No. 9A
March 8, 2005
Page 3 of 26
Conaervatlon Comer AdvIaory Committee
Summary of AppIlc8nts
January to, 2005
R_entatlon oIlntereats
I
Individual Member Eimirioe KnOWlAclOol or Intenlal
No. Name
t Shane Alan Mcintosh
2 Len Berrinaer
3 Charlas Max Cudd
Bruce S. Preble
5 John Arena
6 Charles L. Martin. Jr.
7 Prossar, KaIIIV
Environmental Agricultural
and and
Conservation Buainesa
,. Ganeral
Civic and
Educa1Ional CIIIzen
Real Eatate
or Land Land Land Environmental
E- , ConlllllVaIion Acauisltion I Accraiaal Manaoemant Eco-touriam Education
I a,i., v w..,f.t.. w... w...
w... v
I I
w.e., f.t a.1.
T
w.e. w....f.t. w...
I
8 PoIIIIII, Jr.. W~iarn H.
9 Paullndeotia
NoIIIS:
w.e. w.e. w.e. w.e.
s.L i w.e. x
I.l w... x
w.e. w.e. x
, w... w.a.
w... w...
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w...,I.t.
w.e. w.e., v
v
w.e.
I
!
I
I
I w.e.
I
I
ReDl"sentalion of Inf8tøsts i I
S1aIf coded this sectIOn 10 indlcale an8iiilficanl's staled intIIrast. ·a.l.· WIIeIa an In1InIt _ not ~ ataled, an ")(' is shown in the "General CÌIIiC and Citizen" ,"""""" .
"W.... is s'-n where an an-t has demonstrated woI1< -*Ice on the aDDIic8tion.1 I I
I I
Individual Member ExøerlJæ. Know_ or In/efBst I I
S1aIf coded this section to indicalB an --.x;¡¡¡;;-nra f0tm81 trlinina 1"I.t." and work _0& l"w...·\. A "v" _-DíiiC8din the acora:rIaIa saction where volunteer effor1s ware noted.
I or In the eon-wtion C8tøoonI where an-,o;;¡;¡¡¡;¡,nt has served on a County acMsorv commIIIea de.inn with anvironmantal mat!1lnl. I
¡ ·S.i." was used 10 note .n lCOican1s statad In1llreats. I
w...
I.t.
f.t.
-
Agenda Item No. 9A
March 8, 2005
Page 4 of 26
Land Acquisition Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDœe 2nd Term
Mr. Willis P. Kriz 02/11/03
770 Waterford Drive, #303 732-1982
Naples, FL 34113
E-Mail:
District: 1
Category: EnvironmentaV AglCivic
02/11/06
3 Years
Ms. Ellin Goetz 643-0077 02/11/03 02/11/06
439 3rd Avenue, North 263-6147
Naples, FL 34102
E-Mail:
District: 4
Category: AgriculturaVBusiness EnvironmentaVConservation
3 Years
Mr. Wayne Jenkins 352-3175 02/11/03 02/11/06 3 Years
2500 Jenkins Way 455-8109
Naples, FL 34 t 17
E-Mail:
District: 5
Category: Civic/Conservation
Mr. Anthony P. Pires, Jr. 649-6555 01/25/05 02/11/08 3 Years
209 Madison Drive 450-2474
Naples, FL 34 t to
E-Mail:
District: 2
Category: Land Use Attorney
Mr. William H. Poteet, Jr. 403-3840 02/11/03 02/11/05 2 Years ../'
6180 Star Grass Lane 352-6822
Naples, FL 34116
E-Mail:
District: 3
Category: AglBusiness/ConservationIReal Estate
Wed1usday, Jœwtuy 26, 2005
Page 1 of3
.~,_..'-_.
Agenda Item No. 9A
March 8, 2005
Page 5 of 26
Land Acquisition Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DaJeRe-appt 2ndExpDaJe 2nd Term
Ms. Kathy Prosser 403-4210
4757 Cerromar Drive 530-7705
Naples, FL 34112
E-Mail:
District: 1
Category: EnvironmentallEcology/Conservation
02/11/03
2 Years
02/11/05
/'
Ms. Mimi Wolok 403-9992 11/16104 02111/07
1112 Trail Terrace Drive 403-9992
Naples, FL 34)03
E-Mail: mwoJok@peganet.com
District: 4
Category: EnvironmentaVEcology/ConservationIRE & Land Acq
Mr. Michael Delate 947-1144 02111/03
574 100th Avenue North 592-9834 0)/27/04
Naples, FL 34108
E-Mail: mdelate@gradyminor.com
District: 2
Category: Environmental/Civic/Conservation
Mr. Marco A. Espinar 263-2687 02/11/03
3880 Estey Avenue 01/27/04
Naples, FL 34104
E-Mail:
District: 4
Category: Environmental! AglCivicÆco logy
Wednesday, January 26, 2()(}S
Page2of3
2 Years
02/11104
02/11107
1 Year
3 Years
02/11104
02/11107
I Year
3 Years
.------ ~-
Agenda Item No. 9A
March 8, 2005
Page 6 of 26
,.-
Land Acquisition Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DøteRe-appt 2ndExpDøte 2nd Term
The Land Acquisition AdvisOry Committee was created by Ordinance No. 2002-63. This 9-
member committee's primaIY responsibility is to recommend to the Bee an Active Properties
Acquisition List with qualified purchase recommend8lion8 of environmentally øeneitive lands
consistent with the goals of the Conservation Collier Land Acquiaition Prognn. Membership of
the committee shall comprise broad and balanced repreMntation inctuding environmental and
conservation interests. agricultural and business intereltS, edI~ int8leets, a1d general
civic and citizen intelests within the County. Members shall have expertise, knowfedge or
interest in ecology, conservation of natu.... resources. reel esIate or land acquisition, land
appraisal, land management, eco-tourism or environmental education.
Terms: 4 Years
--
.............
FL STA T
Staff: Bill Lorenz: 732-2505
Wednesday, JQ uary 26, 2005
Page 3 of3
Agenda Item No. 9A
March 8, 2005
Page 7 of 26
(i)
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 ] 6, 2005
Subject:
Recommendation for Conservation Collier Committee appointment
On February 14, 2005, the Conservation Collier Land Acquisition Advisory Committee
(CCLAAC) met at their reguJarly scheduled monthly meeting and discussed the
appointment of two (2) members to fill the upcoming vacancies for the two (2) terms that
expired on February 11,2005. ON February 8, 2005, the Board did extend these terms
for 30 days or until the appointments can be made. After discussion about the nine (9)
applications, a motion was made and seconded to reconnnend that Kathy Prosser and Bill
Poteet be re-appointed for their respective connnittee seats. This reconnnendation was
based on the applicants stated qualifications. The motion and second were unanimously
approved.
Please find attached a table identifying how each of the eight applicants met the
qualifications required for service on the CCLAAC.
Environmental Services Department
Community Development & Environmental Services Division
, ,
Agenda Item No. 9A
March 8, 2005
Page 8 of 26
I.
MEMORANDUM
DATE:
February 4, 2005
E~tIDmO~e ~
Sue Filson, Executive Manager
Board of County Commissio ~
TO:
FROM:
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 koow if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
LAND ACQUISITION ADV COMM
COMMISSION DISTRICT
Bruce S. Preble
4703 Lighthouse Lane
Naples, FL 34112
1
3
3
4
Shane Alan McIntosh
141 5th Street N
Naples, FL 34102
Len Berringer
380 Harvard Court
Naples, FL 34104
Charles Max Cudd
10939 Fieldfair Drive
Naples, FL 34119
Charles L. Martin, Jr.
6871 Bottle Brush Lane
Naples, FL 34109
-5
JJR
John Arena
1120 19th Street, S.W.
Naples, FL 34117
- ------ ---- ----
Kathy Prosser
4757 Cerromar Drive
Naples, FL 34112
}
3
~I
Agenda Item No. 9A
March 8, 2005
Page 9 of 26
William H. Poteet, Jr.
6180 Star Grass Lane
Naples, FL 34116
Paul Indeglia
2234 Sunset Lane
Naples, FL 34104
Thank you for your help.
---.---...-.. ......
Agenda Item No. 9A
March 8, 2005
Page 10 of 26
MEMORANDUM
DATE: February 4,2005
FROM: Sue Filson, Executive Manager
Board of County Commissio
TO:
RE: Land Acquisition Advisory Committee
As you know, we currently have vacancies on the above-referenced advisory conunittee. 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:
Shane AJan McIntosh
141 5th Street N
Naples, FL 34102
Len Berringer
380 Harvard Court
Naples, FL 34104
Charles Max Cudd
10939 Fieldfair Drive
Naples, FL 34119
Bruce S. Preble
4703 Lighthouse Lane
Naples, FL 34112
101m Arena
1120 19th Street, S.W.
Naples, FL 34117
Charles L. Martin, Jr.
6871 Bottle Brush Lane
Naples, FL 34109
Kathy Prosser
4757 Cerromar Drive
Naples, FL 34112
William H. Poteet, Jr.
6180 Star Grass Lane
Naples, FL 34116
--_...__._-~~_. -..-----.....---
Agenda Item No. 9A
March 8, 2005
Page 11 of 26
Paul Indeglia
2234 Sunset Lane
Naples, FL 34104
Please let me know, in writing, the recoIIDneDdation 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.
Thank you for your attention to this matter.
SF
Attachments
Sh Alan McIntosh
ec 09 04 04:55p ane
D ¿o., ."'" .uu. J.¡): uu .;u 94177«3602 Bee
239-436-5865 p.l
Agenda Item No. 9A
Marfl1cíì,J2005
Page 12 of 26
-,
Appli~1;ion for Advisor.y.Committe~=D
, . 'DEC 10'2004
Board 01 Coøi1 Co..........
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FRO'! :L.EN 8ERfHNGER NAPLES FL 34104 FAX NO. :239 352 6225
Dec. 09 ~fiti~~!~~
Page 13 of 26
~ECEIVEO
JEC !J 9 2004
Board of County Commissioners
3301 Ea5t ·ramiaml Trail
Naples, FL 341 12
(239) 774-8097
Fax: (239)774-3602
SQarC1 (;f COU01; y Comlllss JonerS
Application for Advisory CommitteeslBoards
Name: L r:?N ß'/:!Æ, Ñ<;;'¡¡;.Il.
lIoIIIe PMae: I!S)- ç. )ro~.s-
Home Address: 480 H4-tlù/lt-1I.D C!øc.l4.'T
Zip Code: ~ ¥/0"l
Fax No. "S~ ~
Basbu!SS Phmae:
....... addnl8: -He... /leu". t9 ~. t!UII".~
PIIIee ofhlployeeJBeat:
~~"'£þ
"rei or Coauøittee Applied for:
L~ AO~II..,-r,cÞ"" ADV4~Q.c2y ~Q"''''',*_
Ca1egory (if applicable):
!:ø.,e.: c:_.....¡_ ~ Ðøelaper. eII\'Iroa_.......,. pn1IOII, m.
Bow "JIg ".ve yn lived ill CoBler Co..ty: Years ~
Are YOD . registered voter in Collier Coaaty: Yes v
Do YOll ca......tIy II.oId public ofIIœ'l' Ya
If ao, ""'at is "at or&œ!
MOIl....
No
No 1"0/0
Have you ever beea coavkted of any offeue apiast the Law?
Yes No N·
If y.. ap"IiD:
Do )'ou IIOW 1IeI"IIe, or Itneyea """ 1el'Ved, OD. Collier Co_ty board or ~Iaittee! V. No
.ryea, .....1i8t~. ~
Please JiJt roar eoDUII.aity adiritia (dvie d.bs, adgbborllood UIIOciaUeu, .. ad pœidøu
beld:
~4JItII#f.t-, Die £VitI' V, I(~. _ (i,!-. e~/_ Hø/l--
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FROM :WEN BæRIt-GER NAPLES FL 34104 FAX NO. :239 352 6225
¡
Dec. Ø9 2I2êQe11~ i~N<þþA
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Page 14 of 26
Edaeatioa:
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Experience:
~"'¿-h::Þ,.., 6" _tll'U~.#. *....u-_IP ~."Jøh..-:hØ·.... - ~~
61!ß,p Gi ~/ff/"cJ - Eø:I,+»I"','£( ~, 4t-.w. - 1'..,-1...4..... "If
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e
-
-
Agenda Item No. 9A
March 8, 2005
Page 15 of 26
filson_s
From: advisoryboards@colliergov.net
Sent: Monday, December 06,200410:10 AM
To: filson_s
Subiect: New On-line Advisory Board Application Submitted.
~Coøn~
Board of County Commissioners ~ I
33;~:t:f~E;il ~~
December 06, 2004
Application for Advisory Committees I Boards
Name: Charles Max Cudd Home Phone: 239-566-9235
Home Address: 10939 Fieldfair Drive
City: Naples Zip Code: 34119
Fax Number: 239-947 -3891 Business Phone: 239-777 -2350
Email Address:maxC@premiermail.net
Place of Employment: Premier Commercial Properties of SW FL,
Inc.
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: Land Acquisition Advisory
Committee
Category: (if applicable) No information provided.
12/6/2004
Agenda Item No. 9A
March 8, 2005
Page 16 of 26
Do you currently hold public office? No
e
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Team Captain for the North Naples Fire District
Community Emergancy Response Team.
Education:
BA Geaorgia State University
--
Experience I Background:
Twenty-three years in Commercial and Residential Real
Estate sales, management and consulting. Licensed
Florida Real Estate Broker Florida Certified Commercial
Investment Member Completed two Realtors Land
Institute courses toward certification as an Accredited
Land Consultant Strong personal interests in hiking,
kayaking and nature photography Very familiar with most
of the nature facilities in Lee and Collier County. I am
familiar with the Conservation Collier Land Acquisition
Program and have a high respect for Senior
Environmental Specialist, Alexandra J. Sulecki.
e
12/6/2004
Agenda Item No. 9A
March 8, 2005
Page 17 of 26
fllso"_s
_ From: advisoryboards@colllergov.net
Sent: Saturday, November 27,20048:59 AM
To: filson_s
Cc: RegulaJason
Subject: New On-line Advisory Board Application Subrritted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
.Ltþ!...,
C,.. r. . ,.
.- . .'
. '. '. . ' f.. 'I . } .'
, ... I ..
November 27, 2004
Application for Advisory Committees I Boards
N_: Bruce S. Preble Home Phone: 239-348-9678
Home Address: 4703 Lighthouse lane
city: Naples Zip Code: 34112
-
Fax Number: 239-263-4142 Business p~: 239-261-4744
EmIl" Address: brucePOwelahfLcom
ao.nt I commtttee Applied for: Land Acquisition Advisory COmmittee
Category: (if applicable) Real Estate Prol'e88ional
Are you a registered voter In Collier County? Yes
Do you currently hold public office? No
Do you now serve, or have yoU _rved on a Collier County board or No
committee?
Please list your community activities:
No information provided.
Education:
BS Engineering Physics MS Nuclear Science and Engineering MBA
-
Experience I Background:
1. licensed Real Estate Broker In the State of Florida 2. CCIM-certified Commercial
Investment Member of National Aa8ociatlon of Realtors 3. 2S years conailting
experience in environmental related issues(Technology Management Associates,
Bethesda MD) 4. OWner and Operator of a business in Naples (Gallery on Fifth)
11/2912004
Agenda Item No. 9A
March 8, 2005
Page 18 of26
filson_s
e From: advisoryboards@colliergov.net
Sent: Saturday, November 27, 2004 7:23 PM
To: filson_s
Cc: RegulaJason
Subject: New On-line Advisory Board Application Subrritted.
~CcmK~
--~~
Board of County Commissioners
3301 East Tamiami Trait
Naples, FL 34112
Tel: (239) 77.t-3602
Fax: (239)774-3602
.~" ...t~]\:..;¡
. .. 1....'
. -. #. . .:¡
,""':1...1 r'
Novernber27,2004
Application for Advisory Committees I Boards
Name: John Arena Home Phone: 239-404-8898
Home Address: 1120 19th st fNI
City: naples Zip Code: 34117
a
Fax Number: No information provided. Business Phone: 239-793-9300
Emall Address:arena19160earthllnk.net
Board I Committee Applied for: libary COmmittee 1- 1 - --
Cøtegory: (if applicable) No information provided.
Are you a registered voter in Collier County? . Yes
Do you currently hold public oftice? No
Do you now serve, or hllve you served on /I Collier County Ward or No
committee?
Please list your community actiYlties:
coach parks and ree. Sheritrs Omce Beneftts Comlttee and Jail Enhancement Comlttee
Education:
SW Florida Criminal Justice Academy SW Florida Public Safety Academy
Experience I Background:
Deputy Sheriff, Law Enforcement and Corrections
_e
11/29/2004
Agenda Item No. 9A
March 8, 2005
Page 19 of 26
filson_s
e From: advisoryboards@colliergov.net
Sent: Saturday, November 27,2004 12:33 PM
To: filson_s
Cc: RegulaJason
Subject: New On-line Advisory Board Application Subrritted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
t(.L.þl i..',
rW-£~ ,
.
..~. 'i
. ... .'
. :¡
.~ '. . :¡ ~,~ '/
November 27, 2004
Application for Advisory Committees I Boards
N_: charles I martin jr Home Phone: 239-262-7287
Home Address: 6871 botUe brush lane
City: naples Zip Code: 34109
e
Fax Number: 239-561-1475 Busine.. Phone: 239-784-5498
EmBil Address: realtyglobalG!aol.com
BOIII'd I Con..1Ïttee Applied for: Land Acquisition advisory Committee
Category: (ff applicable) No infonnatlon provided.
Are you a registered voter in Collier County? Yea
Do you currently hold public office? Yes
If yes, wh8t oftice do you hold?
MSI board member(metrosearch MLS)
Do you now serw, or have you served on . Collier County board or
COhWldltee?
No
Please list your community activities:
Campaign manager first minorily to congress in kentucky age 26..&heriff department
FOP deputy sheri" 13 years duty...neighboorhooct coneervBtion cabinet..building
housing code enforcement..realtor MLS board member..advillOr to city
goverment...building and housing code enforcement..I1Icent deployment FEMA
hurricane chartey/m.ncis
e
Education:
westem kentucky university..Iicensed real estate broker 30 years..licensed auctioneer
25 years..norida licensed certified general contractorCGC1506812..registered home
builder...certifled exterior insulated finish system Inspedor(EIFSIstucco) ...board
11129/2004
Agenda Item No. 9A
March 8, 2005
Page 20 of 26
certified mold remediator..fema tralning...certified feme inspector
e
Experience I Background:
SOLD first home/ours age B..first land acquisition age 14 from paper route.. supervisor
trainee kentucky largest homebuilder/developer age 19..youngest housing and urban
development HUD contractor age 23...real...te license age 23..youngell federel
employee urban renewal agency renovated 7 major Innerclty
neighborhoods...contractor/remodelor..m8jor eubdivlslon land
developer/owner...~lstered home buHder.. owner/developer renovation of us
designated nationallanclma¡1( building IIndiana cotton mBI bull 1849 80,000 sq. ft.
Indiana largest employer during civil war made unlfonns both north and south first year.
sat empty 50 years near coIlapee.pa1d $20,000 from historical society ..sold to
state..now 10 million elderly apartrnents..developedlowned Ibullt strip centers
hotela'homes planned unit developmenta..once had relmax offices 4 states currently
selling last with 70 agem 280 mlllon annual volume..WA TERLOO..had a prominent
attorney embezzle aU money from eecrow account I paid back from personal accounts
since broker/responsible party (worse expertence)
.-
_e
11/29/2004
~.~---.__._.
Agenda Item No. 9A
March 8, 2005
Page 21 of 26
filsoo_s
From: advisoryboards@colliergov.net
Sent: Wednesday, January 12,20056:27 PM
To: filson_s
Subject: New On-Une Advisory Board Application Subnitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tet:(239)774~2
Fax: (239) 774-3602
~tþ:\.1
.~ . ';
. .
.. .. a~
#(41 )
January 12, 2005
Application for Advisory Committees I Boards
Name: Kathy Prosser Home Phone: 239-530-7705
Home Address: 4757 Cerromar Drive
City: Naples Zip Code: 34112
Fax Number: No information provided. Business Phone: 239-4034209
Email Address: kprosser@conservancy.org
Place of Employment: Conservancy of SW Florida
How long have you lived in Collier County? 4-5 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: Conservation Collier Land Acquistion
Category: (if applicable) Environment
Do you currently hold public office? No
1/13/2005
Agenda Item No. 9A
March 8, 2005
Page 22 of 26
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
CCLAC Blue Ribbon Panel for Fleischmann property/zoo
Rural FringelRurallands
Please list your community activities:
as above
Education:
Masters, Public Administration, Harvard University
Experience / Background:
Extensive environmental background and work experience
over 20+ years.
1/13/2005
Agenda Item No. 9A
March 8, 2005
Page 23 of 26
filson_s
4Im:
advisoryboards@colliergov.net
Sent: Wednesday, January 12,20053:23 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Comm issioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
eJ...-t]\I,
..,..,... I '.1
. ." r-
:'j~
January 12, 2005
Application for Advisory Committees I Boards
Name: William H. Poteet, Jr. Home Phone: 239-352.$22
Home Address: 6180 Star Grass Lane
-
City: Naples Zip Code: 34116
Fax Number: 239-403-3841 Business Phone: 239-403-3840
Email Address:Poteetproperties@earthlink.net
Place of Employment: Poteet Properties, Inc.
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? Yes
If yes, explain:
DUI - misdemeanor - 1990
Are you a registered voter in Collier County? Yes
-
Board I Committee Applied for: Conservation Collier Land
Acquisition
Category: (if applicable) Real Estate
1/12/2005
Agenda Item No. 9A
March 8, 2005
Page 24 of 26
e
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:
Conservation Collier Land Acquisition
Please list your community activities:
Golden Gate Area Civic Association - President Poinciana
Elementary - SAC committee Leadership Collier Alumni
Association Alligator District Boys Scouts of America -
District Vice Chair SWFL Council BSA Advisory Board
NABOR - Governmental Affairs Committee Greater
Naples Chamber of Commerce - member
Education:
Parkway Central Senior High - Chesterfield, Mo.
Universiity of Missouri - Columbia, Mo. 31/2 years
-
Experience I Background:
Conservation Collier - 2 years 1-75 Golden Gate Parkway
Ad Hoc Committee Collier County Homeless Advisory
Board Marco Island Beautification Advisory Board Collier
County Fair Board Marco Island Jaycees, Florida Jaycees
St. Louis County Government - Waste Water Controf -
Environmental Cleanup Crew.
_e
l/12/2005
"---.--
filson_s
em: advisoryboards@colliergov.net
Sent: Friday, January 14,200511:01 AM
To: filson_s
Subject: New On-line Advisory Board Application SubrTitted.
~
Board of County Commissioners
3301 East Tam~i Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (238)774-3602
January 14,2005
Application for Advisory Committees I Boards
Name: Paullndeglia Horne Phone: 239-404-9875
Home Address: 2234 Sunset Lane
-
City: Naples Zip Code: 34104
Agenda Item No. 9A
March 8, 2005
Page 25 of 26
l.-t3ftl ,..1
/''''\, . ';
~"¡ ',/
Fax Number: No information provided. Business Phone: 239-404-9875
Email Address:indeglia@comcast.net
Place of Employment: Peak Development Consulting, Inc.
How long have you lived in Collier County? 3-4 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: Land Aquisition Advisory Committee
Category: (if applicable) No information provided.
-
Do you currently hold public office? No
1/14/2005
Agenda Item No. 9A
March 8, 2005
Page 26 of 26
e
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Brookside Homeowner's Association - Member Victoria
Fall's Homeowner's Association - Advisor Agency for
Sustainable Systems in Science and Technology -
Chairman of the Board of Directors
Education:
Bachelor's of Architecture (University of Notre Dame -
1990) Master's in Environmental Systems (Humboldt State
University - 1998)
Experience I Background:
18 years of experience in infrastructure development
consulting 4 years direct experience in Collier County with
land development
-
_e
1/14/2005
EXECUTIVE SUMMARY
Agenda Item No. 9B
March 8, 2005
Page 1 of 11
APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE BEAUTIFICATION ADVISORY
COMMmEE
OBJECTIVE: To appoint 3 members to serve 4-year tenns, expiring on September 23, 2008, to
the Immokalee Beautification MSTU Advisory Committee.
CONSIDERATIONS: The Immokalee Beautification MSTU Advisory Committee had 3
tenns expire on September 23,2004. This 5-member committee advises the Board of County
Commissioners on the budget and related matters pertaining to the beautification taxing district.
Members must be residents of the Immokalee Beautification Taxing District or a member
appointed by a business located within the boundaries of the MSTU. Terms are 4 years. A list
of the current membership is included in the backup.
The tenns for Rita Avalos, Cherryle Thomas and Dorcas F. Howard expired on September 23,
2004. A press release was issued and resumes were received from the following 3 interested
citizens:
APPUCANT
CATEGORY
DlST ELECTOR ADV. COMM.
Rita Avalos Resident within district 5 Yes Imm Beautification Adv Comm
Cherrvle Thomas Resident within district 5 Yes Irom Beautification Adv Corom
Dorcas F. Howard Resident within district 5 Yes Irom Beautification Adv Comm
,.."...........
COMMITTEE RECOMMENDATION:
Rita Avalos - Re-appointment
Cherryle Thomas - Re-appointment
Dorcas F. Howard - Re-appointment
NOTE: Section Seven (B) of Ordinance 2001-55 states "Tenns of office for Board members
shall be limited to two consecutive terms of service on anyone Board. . ." Under (D) of the
same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth
in subsection (B) above may be waived". According to available records, Rita Avalos, Cherryle
Thomas, and Dorcas F. Howard have all served 2 or more consecutive terms. Should the Board
wish to re-appoint Ms. Avalos, Ms. Thomas and Ms. Howard, the limitations on two consecutive
tenns will need to be waived.
~SCALIMPACT: NONE
GROWm MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 3 members, and direct the County Attorney to prepare
a resolution confinning the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MARCH 8, 2005
.........
Item Number
Item Summary
Meeting Date
Agenda Item No. 98
March 8, 2005
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9B
Appointment of members to the Immokalee Beautification MSTU Advisory Committee.
3/8/20059:00:00 AM
Prepared By
Date
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
2/25/200510:27:06 AM
BCC Office
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
2/23/20054:56 PM
Agenda Item No. 98
March 8, 2005
Page 3 of 11
Memorandum
To:
Sue Filson, Executive Manager
Board of County Commissioners
From:
Liz De Leon, Operations Coordinator
MSTU
Date:
February 17, 2005
Subject:
Immokalee Beautification Advisory Committee
Sue, at the Immokalee Beautification MSTU on February 16, 2005 the MSTU Advisory
Committee reviewed the resumes of three applicants Cherryle Thomas, Rita Avalos and
Dorcas F. Howard. The committee found all applicants to be qualified. By a vote of 4-0
the committee chose to retain the current members Cherry Ie Thomas, Rita Avalos and
Dorcas Howard.
CC: File
Transportation Services Division
Alternative Transportation Modes Dept.
l
Agenda Item No. 98
March 8, 2005
Page 4 of 11
Immokalee Beautification MSTU Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Rita Avalos 657-3681 09/23/86 09/23/88 2 Years /"
1507 Eighth Avenue 11/14/00 09/23/04 4 Years
Immokaiee, FL 34142
E-Mail:
District: 5
Category:
Ms. Cherryle Thomas 10/04/88 09/23/92 4 Years ~
1205 Orchid Avenue 11/14/00 09/23/04 4 Years
Immokalee, FL 34142
E-Mail:
District: 5
Category:
M$ Dorcas F. Howard 657-5115 03/28/89 09/23/92 4 Years
P.O. Box 154 657-3492 11114/00 09/23/04 4 Years .,.,/
.---. Immokalee, FL 34143
E-Mail:
District: 5
Category:
Ms. Sharon K. Tims 11/14/00 09/23/02 2 Years
202 Eustis A venue 03/11/03 09/23/06 4 Years
Immokalee, FL 34142
E-Mail:
District: 5
Category:
Mr. Bamardo Barnhart 657-3171 01/10/04 09/23/06 3 Years
917 Laurel Street 229-æ38
Immokalee,FL 34142
E-Maž1: bbarnhart@floridacommunitybank.inc
District: 5
Category:
,---
Pagel of 2
WedrrestÚJy, FebrulU)' 11, 2()()4
._.,----~
Agenda Item No. 98
March 8, 2005
Page 5 of 11
r"--~~.
Immokalee Beautification MSTU Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 5 member ccmmitl.ee was created by Ord. No. 85-65, amended by Ord. No. 90-8 and 92-
40 to assist the Board d County Commissioners in the business affairs of the Immokalee
Beautification Taxing District, and prepare and recommend an itemized budget to carry out the
business of the disbict for each fiscal year. Membership represents the population of the area
within the Immokalee Beautification DisIricL Terms are 4 year&-
Ord. No. 2002-52 was adopted on 10l22I02 changing membership as follows: 4 members shall
be permanent residents within the MSTU and 1 member may be an owner d residential or
ccmmercial property with in the MSTU or may be an individual, an officer of a corporation, or a
parb1er of a partnership..
FLSTAT 125.0J
Staff: Bob Petersen, Project Manager, lawnscape Maintenance: 203-5853
Wednesday, February 11. 2004
Page2of2
Agenda Item No. 9B
March 8, 2005
Page 6 of 11
MEMORANDUM
DATE: February 7, 2005
TO:
Elections Office
\
FROM: Sue Filson, Executive Manag
Board of County Commissioner
RE: V oter 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.
IMM BEAUTIFICATION ADV COMM
COMMISSION DISTRICT
Dorcas F. Howard
501 Eustis Avenue
P.O. Box 154
Inunokalee, FL 34143
:j
5
5
Cherryle Thomas
1205 Orchid Avenue
Immokalee, FL 34142
Rita Avalos
1507 Eighth Avenue, N.
Immokalee, FL 34142
Thank you for your help.
MEMORANDUM
Agenda Item No. 98
March 8. 2005
Page i of 11
DATE: February 7, 2005
TO: Bob Petersen, Landscape Engineer II
Transportation Department
FROM: Sue Filson, Executive Manager
Board of County Connnissio r
RE: Immokalee Beautification Advisory Committee
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 committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Cherryle Thomas
1205 Orchid Avenue
Immokalee, FL 34142
Rita Avalos
1507 Eighth Avenue, N.
Immokalee, FL 34142
Dorcas F. Howard
501 Eustis Avenue
P.O. Box 154
Immokalee, FL 34143
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration.
Please categorize the applicants in areas of eIpertise. If you have any questions, please call me at
774-8097.
Thank. you for your attention to this matter.
SF
Attachments
239377e281 DEPT OF FOOD SERVICE
Board of County Colmis.ionen
3301 East Tamiami trail
Naples, FL 34U
(%39) 774-8097
Fax: (239) 774-3
PAGE 01
Agenda Item No. 98
March 8, 2005
Page 8 of 11
02/04/2005 11:32
Application for Advisory C mmitteeslBoards
C~~I .
Name. ..' tu-:ePlwae: ~ 3 c¡ - ",$7 -.5#1
Home Address:_ _ Zip Code: J tl y.:J....
F8'S.NO~1"317~31 Ba"tnessPhone:"7 7 ",OJ. <¡~ O::JØaiJaddress: F NT J~ @ Oo/. Cðm
~..orE_~"-'~P~,~ '
øo.....rC.....¡_AppJ... fO - -- ~ _ I _ ~
Category (ifapplicable): l
Example: Co_million DI.trice, Dcvelo 1CT'. ell\IÍrnnl1lentaliat.loII)' penoa, ctç. 1
Bow loug bave YOD lived in Collier County: Ycan I E Months
Are you a rqJstered voter ill Collier County: Yes loft S N
No~_J~O
If so, what Is that nmce? I
Have YOQ ever beeD convj~ted of any offense apin.t the law? Yes No 40
IF yes. exp..in: I t e9lbcnJ (
J ./ l- . No I.
Do you DOW ""1,0" have you ever served, On 8 Collier CoUlIty board or mmittee? Yes ~
¡ryes, pl..,e litt the ~..mitt'''lbo.rdlJ: l
I
Please Ii,t your community activitic.s (civic ch~bs, D' borbood Lei. . DB, etc. and positioD'
held: .
;.. ^'
.:,
Do you currently hold public: office? Yes
I
Education: 'ð..)- µs ~v</t ~7Ju:::?.£.¿~
I
Experience: .\
I
I
I
I
I
i
\
,.,-~ .,,~ 1INftfid_11~_,...,fltd JHrd- TIllS "PIli'" " id INrjjl
....."...".., n,rc";""'Y ~"1IfW. .J!O] &øt :r. . " /I $ ØIl ~ . SIte Fu.n, ~~ MlIIHIgertrJ
(2J9)?U-.'6œ tH'1toiIIøJ/ tR 8Ild"WIø"'ù:D(fit!f7lfœ -..,; 7rtIil. "".. FL $4JI2. lfJW. ....., pI..eflllt)/flllr~ ft)
""' "--"'-"l"'-""Cø({¡e~
.....
FAX NO. :2392135899
Feb. 07 2~~Jr~~~~~
Page 9 of 11
FROM
Board of County Commissioners
3301 F:it..o;t T::uuiami Trail
Nnples. FL .~4112
(941,774-H097
Fax: (941) 774-J602
Application for Advisory Committees/Boards
Name: Rita A y810s
Home Address: 1507 Elfhtþ A venue N.. Immokalee. FL
Home Phooe: (239) 657-7~7
Zip Code: 34142
Fax No. 239·334-3042
B~ Phone: (239) 334-4554 e-maD addftss: rita.avalo8@frlø.o~
Business: &
Board or Committee Applied for; Immokalee Beautification MSTlJ
Category (if applicable):
EzampIe: CGonaJIIIøn nllltrlct, beftIopcr, envlroDmenta1lJt, la" perøøn, etc.
Are you a registend voter In CoUier County: (Yes) No
Do you eurrentty hold public ofllce? Yes (No)
If so, what is that
ofD.c:e1
Do you now IIIII"Ve, or haft you ever served, on 8 Collier COÞnl1 board or commlUee? (Yes) No
Ir 1M, pleaøe Jilt the
commitleeslboanls:
Immokalee Lightin([ & Beautification MSTIJ
Please list your community activities (civic clubs, neighborhood associationR. etc. and positions held:
orpniz.eJ' anJ1yal corw;npnity Thonlc$g:lvißl dinner. or¡anizer annual ChriRtml18,if\:s to mimmt children
Education: ~~8~iate....Q.f..Scjence. Associates of Arts
Experience: 20 years legal secretiO' ~ Boaroman &. ThomDson Law Offices: 12 vcars legal secreta~/l year
office mana~er - F10ricla Rum) Legal Services. Inc.
Pl.tue attach an)' additlf1ft/1ll1 fn~lPl4tinll )IIJlIf'''1 p"I'tIlWI'. This app/iclIIÎÐIr ,thtNld ¡" f-rthd to Sut!! FJI.tn'l. f.M.(:wlw Manager 10 ,,,. /Jnard
0/ Caomry Com",i',tfrmrr" 3JOJ Etut TIINI/_I Tl'Ø/l. Ntlpkf. Fl. 14112. qyøw wi,h, plftUr.fia 'YW' applicatiolt ,., (SJof 1 )774-..'1602 ør ('__II to
!J1I/'J1i1sont1Þ(O,JllU.rrwv.n..,. ThanJc ytJI'Þ" vøllln'Hrilll: In ,erw 1M. c/llu,.., "ICtJll~r C_fy.
~
,." ._...._... __.-___."u·.____ _ nm___.....
" -. ~-~_._.--
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(941) 774-8097
Fax: (941) 774-3602
Agenda Item No. 98
March 8, 2005
Page 10 of 11
Application for Advisory Committees/Boards
Name: Dorcas F. Howard
Home Phone: 239-657-3492
Home Address: 501 Eustis Ave. P. O. Box 154 ImmokaJee. FJ
Zip Code:~
Fax No. Business Phone:239-377-8604
e-mail address:
Business:
Board or Committee Applied for: MSTU Lil!htinl! and Beautification
Category (if applicable):
Example: Commission Dlstrh:t, Developer, environmentalist, lay perIOD, ete:.
Are you a registered voter in Collier County: Yes----X
No
Do you currently hold public office? Yes
x
No
If so, wbat is that office? Same as above
Do you now serve, or have you ever served, on a Collier County board or committee? Yes
x
No
If yes, please list the commltteeslboards: Collier Co. Master Plan. Health DeDt
Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:_
Sunday School
Teacher. Front Porch Board. Past Member of Collier County Hou8ine: Authoritv
Education: B.SI Education. M. A./Education
Experience:
Thirty vears of experience in the field of education in Collier County.
---~-
Agenda Item No. 98
March 8, 2005
Paqe 11 of 11
Please øttIIch Ilny tulditio_1 i"'fm"ation you feel perdlUmt. This øpp/lcation should be forwarded to Sue FiI.Jon, Exeadive MølJ/lger to the
BOlml of County Commissioners, JJ01 Eøst TllmÚllffi Trail, Nøples, FL 34112. If you wish, pleøse føx your øpplictltion to (94/)774-3601 or
e-mtIÜ to suefi/son@1collienrov.net. Thønk you for volunteering to serve the citi:.ens of CoIUer County.
-
EXECUTIVE SUMMARY
Agenda Item No. 90
March 8, 2005
Page 10f 24
APPOINTMENT OF MEMBER(S) TO TIIE PARKS AND RECREATION ADVISORY
COMMITTEE
OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant tenns, 1 expiring on
December 31, 2005 and 1 expiring on December 31, 2006, to the Parks and Recreation Advisory
Board.
CONSIDERATIONS: The Parks and Recreation Advisory Board has 2 vacancies with the
terms expiring on December 31, 2005 and December 31, 2006, representing the Urban District.
Representation on this board consists of 1 member from the Immokalee Community Park
District, and 6 members from the Naples and Urban Area Community Park District. This 7-
member board advises the Board of County Commissioners on matters pertaining to the
acquisition, development and programs involving the County's park facilities. Tenns are 4
years. A list of the current membership is included in the backup.
One seat was declared vacant on January 11,2005 and I received 1 resignation from Mary Ellen
Rand on December 31, 2004. A press release was issued and resumes were received from the
following 7 interested citizens:
APPUCANT
CATEGORY
DlST ELECfOR ADV. COMM.
~_.
James Hennink Urban District 3 Yes G.G. Community Center
Advisory Committee
Bonnie S. Poklemba Urban District 5 Yes None
Jose Nunez Urban District 2 Yes None
Paw Inde2lia Urban District 4 Yes None
Tom M. HÚÙ1 Urban District 4 Yes None
Darrol R. Rime Urban District 3 Yes None
Timothv D. Toole Urban District 2 Yes None
COMMI'ITEE RECOMMENDATION: Darrol Riffle - Tenn Expiration December 31, 2006
Timothy Toole - Tenn Expiration December 31, 2005
nSCALIMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare
a resolution confinning the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MARCH 8, 2005
-
-
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9D
Appointment of members to the Parks and Recreation Advisory Board.
3/8/20059:00:00 AM
Agenda Item No. 90
March 8, 2005
Page 2 of 24
Prepared By
Sue Filson
Board of County
Commissioners
Date
2/25/200510:27:06 AM
Executive Manager to the BCC
BCC Office
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
2/23/20054:28 PM
County Manager's Office
C-
Agenda Item No. 90
March 8, 2005
Page 3 of 24
C ~-u.""J--1 t:.y
Memorandum
To: Sue Filson, Executive Manager
Board of County commissioners
From:
Murdo Smith, Interim Director {f\~j
Parks and Recreation Department
Date:
February 17, 2005
PARAB Appointments
Subject:
At the February 16th, 2005 meeting of the Parks and Recreation Advisory Board, the following
recommendation was made:
Urban District - 2 positions: Darrall Riffle and Timothy Toole.
Candidates were ranked as follows:
1 Darroll Riffle
2 Timothy Toole
3 Tom High
4 Paul Indeglia
5 Jose Nunez
The top two were recommended for the two vacant positions.
Should you have any questions, please do not hesitate to call 353-0404.
Parks and Recreation Department
1-
c
Agenda Item No. 90
March 8, 2005
Page 4 of 24
C ~"U:J--I:t.y
Memorandum
Date:
Sue Filson, Executive Manager, Bee
Barbara Johnson, Parks and Recreation
February 10th, 2005
To:
From:
Subject:
Parks and Recreation Advisory Board
The applications of Bonnie S. Poklemba and James Hennink were received b~ this Department
the first of January. I sent lettèl'S and e-mails to both applicants on January 4 inviting them to
be present at the January 19th meeting. I received no response and neither appeared at the
P ARAB meeting. I again sent letters on 1/25/05 inviting them. if still interested. to the meeting
of February 16th. As of this date I have not received any response and it would appear that these
two applicants are no longer interested.
On January 14, 2005, Paul Indeglia submitted an application to your office for the Parks and
Recreation Advisory Board. However, when I reviewed his application, he is not a registered
voter in Collier County and would not be eligible. I did not invite him to the next P ARAB
meeting on February 16th. 2005.
If you should have any questions, please let me know. Thanks.
)4-
Parks and Recreation Department
Agenda Item No. 90
March 8, 2005
Page 5 of 24
,....~-- Parks and Recreation Advisory Board
Name Work Phone Appt'd Exp. Date Term
Hotl,fl Phone DateRe-appt 2ndExpDate 2nd Term
.,
Mr. Ronald Brown \V~ ' ,,{\ 513-9273 01114/03 12131106 4 Years
V . "
163 CanDbean Road ¡ t {" 566-8259
Naples. FL 34108 ~q--(
E-Mail:
District: 2
Category: Urban
. tJ.
Ms. Mary Ellen Rand ~< '" 437-4601 1 On..6199 12131/01 2 Years
550 IIOth Avenue, N if A:JJ} 514-3163 12111/01 12/31/05 4 Years
Naples, FL 34108 \tf
E-Mail:
District: 2
CaJegory: Urban
Mr. John MacDougall 370-3304 10/22/02 12/31/03 1 Year
9809 Whitehall Street 598-4105 02/10/04 12/31/07 4 Years
.r-- Naples, FL 34109
E-Mail:
District: 2
Category: Urban
Mr. John P. Ribes 261-4007 10/24/00 12/31/03 3 Years
218 W oodshire Lane 02/10-04 12/31/07 4 Years
Naples, FL 34105
E-Mail:
District: 4
Category: Urban
Mr. Frank Donohue 597-4575 OS/28/02 12/31/02 7 months
5961 Westport Lane 353-8584 01/14/03 12/31/06 4 Years
Naples, FL 34116
E-Mail:
District: 3
Category: Urban
-
Wednesday, June 09. 2004
Page 1 of2
1
Agenda Item No. 90
March 8, 2005
Page 6 of 24
-
Parks and Recreation Advisory Board
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Edward Olesky
6001 Lake Trafford Road
Immokalee. FL 34142
E-Mail:
Distrid: 5
Category: Immokalee
05126/98
657-2401 01114/03
12131/98
12131106
7 Months
4 Yrs.
Mr. Joseph C. Overbeck
8072 Tiger Lily Dr.
Naples. FL 34 t 13
E-Mail: jco@comcast.net
District: 1
Category: Urban
06/08/04
12/31105
1.5 Years
793-7339
This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by
On:!. No. 93-81 to advise the Board of County Commissioners on any matters cancemlng
;~ acquisition, development and programs involving parks and recreation facilities in Collier
County. Membership consists of 1 member from the Immokalee Community Park District. and
6 members from the Naples and Urban Area Community Park District. Terms are 4 years.
FL STAT
Staff: Marla Ramsey, Parks and Recreation Director: 353-0404
.-
Wednesday, June 09, 2004
Page2of2
MEMORANDUM
Agenda Item No. 90
March 8, 2005
Page 7 of 24
DATE: December 28,2004
TO: Elections Office
FROM: Sue Filson, Executive M r
Board of County Commissio ers
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one ofthe 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.
PARKS & RECREATION ADVBD
COMMISSION DISTRICT
James Hennink
4397 21st Ave, S.W.
Naples, FL 34116
/.e ')
It'S
3
Bonnie S. Poklemba
11345 Six L Farm Road
Naples, FL 34114
ç
Thank you for your help.
RECEIVEG
; t. ,\¡ '1 2DO~'
»l\ C,¡ "
;iC; ';/'f:-,"
MEMORANDUM
Agenda Item No. 9D
March 8, 2005
Page 8 of 24
DATE:
December 28, 2004
FROM:
Marla Ramsey, Parks and Rec~eati . ~or
Sue Filson, Executive Manager
Board of County Commission
TO:
RE:
Parks and Recreation Advisory Board
As you know, we currently have one 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 fonows:
James Hennink
4397 21st Ave, S.W.
Naples, FL 34116
Bonnie S. Poklemba
11345 Six L Farm Road
Naples, FL 34114
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 appHeants in areas of expertise. If you have any questions, please call me at
774-8097. . _.~.
Thank you for yot&- attention to this matter.
SF
Attachments
e
e
Agenda Item No, 90
March 8, 2005
Page 9 of 24
Board of County Commissioners
3301 End T~miami Trail
Naples, FL 3-JI1:Z
(139) 77..-8097
Fax: (239) 774-3602
Application for Advisory Committees/Boards
RECEIVED
DEC 2 3 2004
N...c: J.mes He_lak
HOlDe PIIo_: 353-3697
Rome AddreSS': 439121-1 ÅV SW, Naples, FI
Zip Code: 34116+121 ßoard of CountJ Comlliss joners
.....u adtIrca;ülaeu¡all:@ßrtla.rr.eoa
F.. No.
B...... PIIe_: "3-9500
Place ofE.....yec-.ellt: C.lller C..., SlIcrill'l Olllee
How 101lC.1ave yo_ Hvcd .. CoUler Co..ty: Y can
35
M..t" ,
Are }'O'I a reptered voter . Collier C.uty: Yf$:O: No
Do you curreatly bold pablic office? Yes
If so, what ill tt..t ot!k:e!
No
u
Have yoa ever beeIa eoDVided of a~ ofl'eIIH ...It Üle Law?
If,... opIahI:
Yes No
xx
Do r- ._ Hne, or llave yø flftr IICI"'NII, _ . Colier COIIIIty _rd .. ftØI_tllle! Y.. :0: No
If yes, please IItt tt.e eoIDDltttee&IboardS: Geld.. GIde c..",..ity Ceaœr AtI¥iIorJ &..rd
Plcase Iiat ,"oar co.......ty aetwitieJI (ciYie clabs. lIe...borlaood auoe"tlou, ele...Dd pollttou held: Pormel'
me_her KhnI.iI of Gold CD Gate, me_bel' Golden Gate Civie Auociation
EeI._tiN.: G.....te .fCollie.. Coøay ..... Selloul Syste-.l",..1911
Esperlellee: C.noeuly illlICCv.d Þ... at GGCCAB
e
1:13 39\¡/d
3INNro
EL5GSSÞGEZ
tE:Gß Þ0ØZ:/EZ¡Zt
I-
--
-e
e
filson_s
Agenda Item No. 9D
March 8, 2005
Page 1 0 of 24
From: advisoryboards@colliergov.net
Sent: Thursday, December 02, 2004 2:20 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)77~602
.~^ . A.:-t~.' ;;.: .)
. .. ..,
~ '" " ~, ~ /
Name: BONNIE S. POKLEMBA Home Phone: 239-732-0183
Fax Number: No information provided. Business Phone: 239-377 -4431
Place of Employment: COLLIER COUNTY PUBLIC SCHOOLS
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 I Committee Applied for: Parks and Recreation Advisory Board
December 02, 2004
Application for Advisory Committees' Boards
Home Address: 11345 SIX L FARM ROAD
City: NAPLES Zip Code: 34114
Emait Address: SLABYB@AOL. COM
Are you a registered voter in Collier County? Yes
Category: (if applicable) Board Member
Do you currently hold public office? No
12/2/2004
Agenda Item No. 9D
March 8, 2005
Page 11 of 24
e
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Sunnygrove Estates Civic Association, Inc. - Vice
President Seminole Wind Horse Club - Member Starting
up a 4H group in my area - Leader Rookery Bay
Education Center - Volunteer
Education:
High School Graduate Equivalent College Credits
Experience I Background:
Meeting Planning Data Management Office Management
Computer Knowledge
-
e
12/2/2004
Agenda Item No. 90
March 8, 2005
Page 12 of 24
Mary Ellen Rand, RLA
Landscape Architectural Services, Inc.
Ft. t\IO( () 1602
550 110th Ave N. Naples FI. 34108
(239) 51....3763 - (239) 248-7871 cell
mSMJrandßcomcast net
November 17, 2004
RECEIVED
NOV f 9 2004
~rd of Count] Com.isS1oners
Parks and Recreation Advisory Board
Cc: Board of County Commissioners
Dear Fellow Advisory Board Members,
I am writing to let you know that I have decided I must resign my post on this board.
This has been a difficult decision for me to make and I have put it off for some time.
Being a part of this board and contributing everything I can to support the development
of a world class park system for our county has been so important to me.
However, as a single mom who runs her own business, the reality of my time limitations
is something I must accept. As my son has reached his teens I find that the reverse of
what I expected is true, he needs more of my attention rather than less. If I have any
time and attention left after taking care of business and home I want to use it to affect
our county's misguided priorities where public education is concerned.
Some alarming funding trends are taking precious resources away from our kids where it
comes to planning for their future. And given the demographics in this county it is of
utmost importance that our teens get good guidance as to all the future options out there
on the horizon for them. This is not happening. Probably it is because of the
demographics of our voting residents. Anyway I want to do what I can.
I've enjoyed serving on this board immensely although it hasn't always been an easy job
with all the issues with which we've been faced.
I think we have an excellent board at present and I know you guys have the guts and the
foresight to provide the Parks Department with some good sound advice for the
upcoming years. Please call upon me for support and advocacy at any time in the future
when it is needed.
I do ~n t.o continue to sit o~ the board until you are ~Ie to find a suitable replacement.
'6 ~+,-v¿, \"e-7~ Atreu I ~/:3 y 0'1«
Sin
MEMORANDUM
Agenda Item No. 90
March 8, 2005
Page 13 of 24
DATE:
February 7, 2005
TO:
Elections Office ~
Sue Filson. Executive M . ,
Board of County Commisso er
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one ofthe 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.
PARKS AND RECREATION ADV BD
COMMISSION DISTRlCT
Jose Nunez
9202 6th Street, North
Naples, FL 34108
~
L/
4
Paul Indeglia
2234 Sunset Lane
Naples, FL 34104
Tom M. High
2599 13th Street, North
Naples, FL 34103
Darrol R Riffle
5950 Cope Lane
Naples, FL 34112
3
Timothy D. Toole
1819 Princess Court
Naples, FL 34110
~
Thank: you for your help.
I
1-
MEMORANDUM
Agenda Item No. 9D
March 8, 2005
Page 14 of 24
DATE: February 7,2005
FROM: Sue Filson, Executive Manager
Board of County Commissione
TO: Marla Ramsey, Parks and Recreation
RE: Parks and Recreation Advisory Board
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 committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Jose Nunez
9202 6th Street, North
Naples, FL 34108
Paul Indeglia
2234 Sunset Lane
Naples, FL 34104
Tom M. High
2599 13th Street, North
Naples, FL 34103
Darrol R. Riffie
5950 Cope Lane
Naples, FL 34112
Timothy D. Toole
1819 Princess Court
Naples, FL 34110
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 surnn:uu:y for the Board's consideration.
Please categorize the applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
Attachments
--
-------'._--
1-14-05; 9:53AM;ST ~OHN NEUMANN HS
;2394552966 # 1/
Agenda Item No. 90
March 8, 2005
Page 15 of 24
.... -. ~ .-
£:;'~~~i;-2 ~J~ :_. ~~t~;-2~J' ':....~fª~]~~!i~~~-t111r'Æ..~
33-';.;J ~~.:!:~.£ '::.'~.~~;:~::~!!:: };"::iI
;"':"":.~__:~.:.:..' :.'~ ~ ~~-;'7-
. ..... ~...... 00: ... _...... .. .. ~ _
!.·13~fJ 7:.'~..;~:~i')7- .... !.-...
~..__. .'~''':~~ -""":'.~ ......::--:
. - .. - - ~ - -. - - . . .... ----.. .
... "0""'· . _.... .. ~ .. . - . ........-
';\."
..
. .
- .
- ....,._ _. - - - n_ _ ._
J ~.~;~~! ~~:;.-;Z ª- ~~~;!~
/~=- d\,:i::~û r\l ~~~:f~ª~2 ~r~~t~f:'e'~~~(;~ ï~~i3
""
Name:
Home Phone: (239) 597-1261
Jose Nunez
Home Address:
9202 611. ST. N. Naples. FL
Zip Code:
34108
Fax NOo_(239) 597-6924_ Business Phone:
e-mail address:ExecPrezSJN(tùaol.com
Place ofEmployeement: Student at St. John NeumanD Hillh School
Board or Committee Applied for.f5c¡d~n (~k &u+;C1"I:t+;ð" Cn"Jm.
Category (iíapplicable): Lay person
Example: Commlssiøn m"trlet, Dcvelllper, envl"",mcn'''ÚI', lay person. dc.
t:Jr
Ii. f" k.., i Il.ec 81..
How long have you lived in Collier County: Years 15
Months
Are you a registered voter in Collier County: Yes X
No
-
Do you currently hold public office? Yes
IE so, wbat is that office?
No
x
Have you ever been convicted of any offeose agaiost the Law?
If Yell. explain:
No
x
Yes
Do yoo now serve. or have you ever served. on a Collier County board or committee? Yes ____ No X
If yes, please list the committees/boards:
Please list your community activities (civic dubs, neighborhood associations, etc. and positions held:
Advisorv Board Member. Catholic Charities: Past Lt. Governor Florida District of Kev Clu~
Member. Kiwanis aub ofNortbside Naples; Kniehts of Columbus: Vice President. S.A.D.D. (Students
Allajost Distractive Descitioos)
Education:
Hi2h School Student
Experience: Interned for Collier Countv Commis.sioners Office & Worked for the Supervisor of
Elections Office.
-
Agenda Item No. 90
March 8, 2005
Page 16 of 24
- filson_s
tam:
advisoryboards@colliergov.net
Sent: Friday, January 14, 2005 11:06 AM
To: filson_s
Subject: New On-Une Advisory Board Application Submitted.
~"~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax:(239)77~2
A.-t~1 i..1
. #';
. .
. ~ ~-~
~d/
January 14, 2005
Application for Advisory Committees I Boards
Name: Paullndeglia Home Phone: 239-404-9875
Home Address: 2234 Sunset Lane
-e
City: Naples Zip Code: 34104
Fax Number: No information provided. Business Phone: 239-404-9875
Email Address:indeglia@comcast.net
Place of Employment: Peak Development Consulting, Inc.
How long have you lived in Collier County? 3-4 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? No
Board I Committee Applied for: Parks and Recreation Advisory
Committee
Category: (if applicable) No information provided.
e
Do you currently hold public office? No
1/14/2005
Agenda Item No. 90
March 8, 2005
Page 17 of 24
-
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Brookside Homeowner's Association - Member Victoria
Falls Homeowner's Associaiton - Advisor Agency for
Sustainable Systems in Science and Technology -
Chairman of the Board of Directors
Education:
Bachelor's of Architecture (University of Notre Dame -
1990) Master's of Science in Environmental Systems -
International Development Consulting (Humboldt State
University - 1998)
Experience I Background:
18 years experience in infrastructure development
consulting 4 years direct experience in Collier County with
land development
e
-
1/14/2005
Agenda Item No. 90
March 8, 2005
Page 18 of 24
filson_s
From: indeglia@comcast.net
Sent: Monday, February 14.20051 :48 PM
To: johnson_b
Cc: filson_s
Subject: Re: Parks and Recreation Advisory Board
Thank you for your inquiry. I am registered to vote (#310637); I do not recall indicating that I was not registered and I
appreciate your follow up on that item.
I do have some availability on Wednesday afternoon and would like to attend the monthly meeting of the Advisory
Committee. Is the Immokalee Community Park located in Immokalee or on Immokalee Road? If it is in Immokalee,
does it always meet in Immokalee? If you could give me directions to the meeting, I would appreciate it. Thank you.
Regards,
Paul
Paul Indeglia
Peak Development Consulting, Inc.
2234 Sunset Lane
_Naples, Florida 34104
239-404-9875
------ OriginaJ message ----
> Your application for a position on the Parks and Recreation Advisory Board
> indicated that you were not a registered voter in Collier County. As this is a
> requirement for members serving on advisory boards, I thought I would check with
> you to see if this statement were correct. If you are indeed a registered voter
> and are still interested, P ARAB will be conducting interviews at its meeting
> this Wednesday, February 16th, 2:00 pm at Immokalee Community Park. The Board
> meets the third Wednesday of each month, 2:00 pm, at various locations. I
> realize this is extremely short notice, but if you could get back to me at
> 353-0404 or e-mail BarbaraJohnson@colliergov.net. with a yes or no, I would
> certainly appreciate it. Thanks,
>
> Barbara Johnson, Sr. Administrative Assistant
>
>
2/14/2005
-
-
-
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 90
March 8, 2005
Page 19 of 24
Application for Advisory CommitteeslBoards
Name: Tom M. Hitdt
Home Address: ~ IJ!!! Street North. Naolea. FL
Home PhoDe: 239-261-2237
Zip Code:
34103
Fu No. 261-2237 Business Phone: 261-2995. cell 777-1430 e-mail address:thi2Mi}JaodoncomplUlÏes.com
Place of Employment: Landon DeveloÐment Corooration
Board or Committee Applied for:
Collier COUDn Parka & Recreation Advisorv Board
Category (if applicable):
Examplc: COIlUBbslOD DlsCrict, Devdaper. anrlroa_tallsr.1ay peno.... *-
How long have you lived in Collier County: Yean 22 Yean
Months
Are you a registered voter in ColDer County: Yes
x
No
Do you currently bold public omce? Yes
If so, w"t Is tllat .met!
No
x
Have you ever been convicted of any offense against the Law?
IfytS, uplalD:
Yes
No X
Do you now serve, or bave you ever served. on a Collier COIDIty board or cœamittee? Yell
Ifyts, please list t.e committecs/boards:
X
No
Please list your community activities (civic dubs, neighborhood associations, ete. and positions held:
Gulfview Middle School SAC. Licensed Coach for youth soccer. Coach for ()ptjmist Soccer. YMCA Soccer &
YMCA Basketball for 10 Years. Chairman of the Board of SUDel'Visors of the Pine Air Lakes Community
Develomnent District. Past President of Several Homeowners and Condominium Assns.
Education: Graduated from Brookside Hi~ School in Sheffield Lake. Ohio. Attended Miami
U Diversity ( Oxford. Ohio). Licensed Real Estate Broker. Licensed Mortgae:e Broker
Experience: I have been involved in the real estate development business in the City of Naples and Collier Cmmtv
for over 20 Years. During that time I have been involved in the planninl! and develomnent of nearlY 2.000
condominiums. several hundred single family homes. several hundred thousand Square feet of commercial
development. and the rezonin~ of severallanze parcels of ¡)J'()Dertv. My exoerience encompassed all aspects of real
estate development from site selection. zoning. vlannin2. fmanCÌDa. site develO1>ID.ent and construction. I have 4
children. all of whom are active in youth SPorts. includinl!. the Naoles Youth Soccer Club. ÜPtimist Soccer. YMCA
Sportinl! ¡)J'()grams. Optimist Volleyball and Naules Jtmiors Volleyball. Inc. I have been a coach and SDODSOr of
nwnerous teams for over 10 Years. I think that my exoerience as a user of the county facilities coupled with my real
estate develomnent and mana2ement exoerience would make me esoecially Qualified to serve on this board.
Pleue IJttIIclr II"Y .dilltlt",.ll1Iþnll.llo" yo" feel pertbrnlt rib øpplJctllirJ" ."0,,111'" fo""tudU to SIIe Fib"., Execll/irle M.~r to
tire B",,,,I "f C"'''1y C".lfÙMÜIlfen. JJOJ Ed T.fØÙI"'; Tr.iI, Nøp/D. FL 34112. II ytIfI wid, pú_ f/IX yo., q,lklftiø" to
(Z39) 774-J602 or ÞllflliJto_efi/søø~"".rut. 71ttlffkYfHlfør~,to_lluciti;au øfCðlJiø c-~.
filson s
4tm:-
advlsoryboardsOcolliergov.net
Sent: Wednesday, January 12.20057:50 PM
To: tilson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 77....uGZ
Fax:(239)77~02
January 12, 2005
Application for Advisory Committees I Boards
Name: Darrol R. Riffle Home Phone: 239-774-5846
Home Address: 5950 Cope Ln.
-e
City: Naples Zip Code: 34112
Agenda Item No. 9D
March 8, 2005
Page 20 of 24
I.-t~1 \.~
;" Þ.'s
- .'
f( .,j /
Fax Number: 239-263-8299 Business Phone: 239-450-3366
Email Address:Skip@familybikecenter.com
Place of Employment: Family Bike Center
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: Parks and Rec.
Category: (if applicable) No information provided.
e
Do you currently hold public office? No
1/13/2005
Agenda Item No. 90
March 8, 2005
Page 21 of 24
-
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
East Naples Kiwansis, past President, 19 years
Swampbuggy Inc., board member Bikes For Tykes, Inc.,
Founder/pres. 19 years US Dept. Int. Land swap for the
Panther Refuge
Education:
college
Experience I Background:
38 years in Collier County 7 years in the bicycling Retail
business 19years with Bikes For Tykes S01-c3 charity 20
plus years of youth coaching footballlbasketballlbaseball
unsuccessful (thank God) run for Collier County
Commissioner
-
e
1/13/2005
Agenda Item No, 9D
March 8, 2005
Page 22 of 24
- filson_s
am:
advisoryboards@colliergov.net
Sent: Wednesday, January 05, 2005 4:15 PM
To: filson_s
Subject: New On-line Advisory Board Application Subn1tted.
~~JI~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
f(, t~1 ¡}
....'.\ þ ';
. ;,.v
6,. .'
. ".. .... ..,
,'" .'...' ~ ,..
January 05, 2005
Application for Advisory Committees I Boards
Name: Timothy D. Toole Home Phone: 239-597-8690
Home Address: 1819 Princess Court
--e
City: Naples Zip Code: 34110
Fax Number: 239-643-5744 Business Phone: 239-643-1844
Email Address:tim@naplestitle.com
Place of Employment: Naples Title, Inc.
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: Parks and RecreationAdvisory
Board
Category: (if applicable) No information provided.
e
Do you currently hold public office? No
1/5/2005
Agenda Item No. 90
March 8, 2005
Page 23 of 24
-
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Quest for Kids Mentor (1997 - 2001) St. Matthews House
Golf Marathon (1996 - 2000) Naples Area Board of
Realtors (1995 - Present) Functions Committee (1996 -
2000) Budget & Finance Committee (2004 - Present) St.
William's Catholic Church - Knights of Columbus (2004 -
Present) Florida Gulf Coast University - Guest Speaker,
Topic: Entrepeneurship(2002)
Education:
College of the Holy Cross, Worcester, Massachusetts
Bachelor of Arts in Economics, 1990
Experience I Background:
Resume to be e-mailed separately
-
-
115/2005
:~. 'r,
,
Page 24 of 24
-'"..,..,.,
e
Timothy D. Toole
1136 Lakeshore Place - Naples, Horida 34103
239.348.3481 - tim@naplestitle.com
Experience:
Naples Title, Inc., Naples, Florida
President
(2001-present)
Midwest Title Guarantee Company of Florida, Naples. Horida
Escrow Manager
Markering Director
(1995-2001)
GelDlain Motors, Inc., Naples, Florida
Management
(1991-1995)
Education:
Conege oCtbe Holy Cross, Worcester, Massachusetts
Bachelor of Arts in E«J1I01IIÎCS, 1990
-e
Professional Licenses:
Florida TIde Insurance license, 1998
Florida Real Estate License, 1995
Florida NotaI)' Commission, 1995
Community Involvement:
Horida Gulf Coast University - Guest Speaker, Topic: Entrpmmmhip (2002)
St. Matthew's House Golf Marathon (1996-2000)
Naples Area Board of Realtors, Member since 1995
-Budget and Finance Committee member
St. Williams' Knights of Columbus, Inducted 2004
Quest for Kids -Mentor (1997-2001)
References:
John Deangelis, Vice President, Deangelis Diamond Construction, Inc. 239-594-1994
David Diamond, President, Deangelis Diamond Construction. Inc. 239-594-1994
David Weston, Controller, Coastal Engineering Consultants, Inc. 239-643-2324
Mark McCabe, Vice President, First Florida Bank 239-597-8989
John Wolski, Controller, Hole Montes. Inc. 239-254-2000
e
.-
Agenda Item No. 9F
March 8,2005
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY C ODE ENFORCE~1 of 19
BOARD
EXECUTIVE ·SUMMARV
OBJECTIVE: To appoint 2 members to serve 3-year tenns, expiring on February 14,2008, to
the Collier County Code Enforcement Board.
CONSIDERATIONS: The Collier County Code Enforcement Board had 2 terms expiring
on February 14,2005. This 7 member board, plus 2 alternate m~bers, is composed of, but not
limited to, individuals representing the occupations of architect, businessman, engineer, general
contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or
interest in the areas of the codes and ordinances to be enforced. Members are required to file a
Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Tenns are 3
years. A list of the current membership is included in the backup.
The tenns for Albert Doria, Jr. and Sheri Barnett expired on February 14, 2005. ~ press release
was issued and resumes were received from the following 3 interested citizens:
APPLlCANf
CATEGORY
DISTELECTOR ADV. COMM.
Sheri Barnet - re-appt Financial Advisor 5 Yes Code Enforcement Board
Nicholas Hemes Business Professional 2 Yes Code Enforcement Board -
currently serving as
AL TERNA TE
Richard Kraenbring - Building Inspections/Consultations 3 Yes Code Enforcement Board -
received application currently serving as
after the deadline ALTERNATE
-
COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare
a resolution confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MARCH 8, 2005
-
,.,........
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9F
Appointment of members to the Collier County Code Enforcement Board.
3/8/20059:00:00 AM
Agenda Item No. 9F
March 8, 2005
Page 2 of 19
Prepared By
Sue Filson
Board of County
Commissioners
Date
Executive Manager to the BCC
2/25/200510:27:06 AM
BCC Office
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
2/27/200512:34 AM
County Manager's Office
Agenda Item No. 9F
March 8, 2005
Page 3 of 19
(i) Memorandum
To: Sue Filson, Executive Manager BCC
From: Michelle Arnold, Code Enforcement Director
Date: February 23, 2005
Subject: Code Enforcement Board
I am in receipt of your memo dated February 7,2005 in which you requested review of
applications submitted by citizens interested in serving on the CEB. The resumes for the
applicants listed below were reviewed and meet the Code Enforcement Board Ordinance No.
92-80, general classification requirements in the following categories:
NAME
CA TEGORY
Nicolas Hemes
Business Professional
Sheri Barnett
Financial Advisor
Should you require additional input please feel free to contact me at 403-2413.
Code Enforcement Department
Agenda Item No. 9F
March 8, 2005
Page 4 of 19
Collier County Code Enforcement Board - North
Name Work Phone Appt'd Exp. Dale Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Albert Doria, Jr. 403-3940 02/11/03 02/14/06 3 Years
2560 Golden Gate Boulevard, W. 774-5211 10/28/03 02/14/05 2 Years /"
Naples. FL 34117
E-Mail:
District: 1
Category: REGULAR - Business-Insurance
Mr. Raymond J. Bowie 435-1007 10/28/03 02/14/04 4 months
2175 Sheep shead Drive 775-0010 04/27/04 02/14/06 2 Years
Naples, FL 34102
E-Mail: ReahyCounseJ@earthlink.net
District: 4
Category: REGULAR - Attorney - Real Estate
Mr. Richard Kraenbring 10/26/04 02/14/06 1.4 Years
1995 Tarpon Bay Drive 298-6215
Naples, FL 34119
E-Mail: rkaenbring@swflarr.com
District: 3
Category:ALTERNATE-
Ms. Sheri Barnett 591-2149 09/10/02 02/14/05 3 Years V-
1160 27th Street, S.W. 455-4296
Naples, FL 34117
E-Mail:
District: 5
Category: REGULAR - Financial Planning
Mr. Clifford Wesley Flegal, Jr. 774-9674 06/03/97 02/14/00 8 months
530 Augusta Boulevard, Unit 102 774-9674 01/13/04 02/14/07 3 Years
Naples, FL 34113
E-Mail: sflegal1 @worJdnet.att.net
District: 1
Category: REGULAR/Realtor
Wednesday, FebfUary 16,2005
Page 1 of3
-
Collier County Code Enforcement Board - North
Agenda Item No. 9F
March 8, 2005
Page 5 of 19
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Roberta Dusek 774-2428 07/28/98 02/14/01 3 Years
963 Fountain Run 261-1111 01/13/04 02/14/07 3 Years
Naples, FL 34119
E-Mail:
District: 3
Category: REG ULAR - Realtor
Mr. Gerald J. Lefebvre 659-2449 04/28/02 02/14/03 1 Year
5389 Cove Circle 775-8604 02/11/03 02/14/06 3 Years
Naples, FL 34119
E-Mail:
District: I
Category: REGULAR - Real Estate/Zoning
Mr. George P. Ponte 02/18/97 02/14/00 3 Years
565 Augusta Boulevard, Apt. 10 793-1370 02/1 1/03 02/14/06 3 Years
Naples, FL 34113
E-Mail:
District: 1
Category: REGULAR - Retired CBS Employee
Mr. Nicholas P. Hemes 262-6276 06/22/04 02/14/07 3 Years
6017 Pine Ridge Road, Suite 123 293-7235
Naples, FL 34119
E-Mail:
District: 2
Category: AL TERNA TE-Business
Wednesday, February 16,2005
Page 20[3
..
NICOLAS PIER .
6017 Pine Ridge R d . RE HEMES
Ph oa ,Suite 236 · N
~.. . one: (239) 649-1426 . Cell" (;;:)82, Florida 34119
E-mail: hem.8@m" 93·7235
.. ~ CEß sn.com¡ I
I/Æ~~
~H~ ~k~~
As. O-A ~,J¡¡
7- tN:s.~ 1»- k- C-~,~
cP cfJJ hø~ ~~ ~
~ ~ ... ~ gðM?/·
,_. P~tifè ~ta;-Cl1.t(
~~~. J~~
7 ~oð··
g~
N~
~~.
-
NICOLAS.P.HEMES
6017 PINE RIDGE ROAD,# 123
NAPLES,FLORIDA 341 19
Agenda Item No. 9F
March 8, 2005
Page 7 of 19
Phone: 239 293 7235
hemes@msn.com
MILITARY SERVIC~··R·ÖŸÄi·Aiii"FÖiïëE·:-Midcïlë·Ëä~tëömm~nd (1956-1958)-
Air Controller(Sergeant)
EDUCATION: SA- MARKETING, LONDON UNIVERSITY, LONDON, ENGLAND
QUALIFICATIONS: MARKETING AND SALES CONSULTANT FOR OVER 40 YEARS
EMPLOYMENT: 1958-1960 Media Manager, Mather & Crowther, London
1960-1963 Media Group Planner/Suyer,BBD&O (Omnicom), New York.
e
1963-1970 International Sales Director, Hearst Magazines, New York.
1970-1978 Associate Publisher, 3M Company, Minneapolis and Los
Angeles, California.
1978·1987 President, Mall Media and Vice President, Martin Communications,
Los Angeles, California
1987-Present- Chairman, International Marketing Consultants, Naples, Florida
CHARITIES:
Diabetes Associates at Cedars Sinai Medical Center, Los Angeles, California
Executive Board of Directors (1971 - 2000)
California Highway Patrol (1199 Foundation), La Habra, Ca (1994 - 2003).
GOVERNMENT POSITIONS:
-
CITY OF INDIAN WELLS, California, Public Safety Commissioner (1995-2000)
CITY OF LA QUINTA, California, Cultural Arts Commis~ioner (2002-3)
STATE OF FLORIDA, FLORIDA HIGHWAY PATROl, Tallahassee, Florida, Civilian
Advisory Council (200 1 - Present)
Clients: Naples Chamber of Commerce, Dye Golf Designs & ESPN-Television
·....
..:~-...
_. .",".:.
'. .~- - n... ~"
1o.t,to
Board -ofCou.....ty C"MD'lllÎuion~n
~~, ß&Mt'Tæv4. Tra~- ~.. .. .on ..-'
N.p~. n.. '341\'1
(lJ9-) 77+SJ.8!;7 0 _ 0'
I<'n: (239-) 1"l4w3602
Agenda Item No, 9F
March 8, 2005
of 19
-e
AppJ1.cation for Advisory Committ«slUoard.s
Name: tVl C oL.-.4--=-~ P. HË-'MES"' BomePboIae: a or .s-'::f-Jj~
Home AddNlS: 69 'ì r '/-O;Vt;" OAk. & u]) Zip Code: ~ 'H og
PU.N~~:L -~~?-fB"""PhoaO: #..6~ -63 7b ...wtaddrar. #E:?M~ ®Mgô coli
p..ceorE.ploy.....1: ~~ fIIl1fJu=f CrH/IH&.:v¿ cP CÐHtlbiJ-CJéÇ
Board or COIIUIIiU.. Applied for: C ~ bb'" f:EJf\J Fi/21: /::;;t'1~ ~
Category (if q,pplicablc):
E~ eo...... DIItrkt, DenIeper, ell'Vlroa....uø, lay penN, ere..
Bow 10.. bøe )'OIIlwed iD CoWer County: Y_rs / Moatbs ~
Are 1ft al"elfltel'ecl voter bs CollIer Couty: Y.. V No
e Do YO. CIIrnady UId publk oftIce? Yes No ~
If.. "'t II duat....,
Have you ever been convicted ora.y oft'eue api..t the Law? Yes No ~
If,.., up_:
Do yea ROW IIen'Ct or line you ever served, 011. Collier Co.at)' board er CDlDmlttecr v. 1/ No
11)'-. p.... Jilt die CQ.ID~: :2ß~ I...(J
~~'"D~ l~roK('8'-1~J I C'J/ff. - A-L7b:Y2-~ MšM ßq~
Please 'ist your eoIUIUIdty activWes (eiric .IMJ, aetabborlaood ....d0D8.. etc. aDd posittou
~ ~
. ~~~~~~~~~
Edacatioa: J...AtJ"bOl\f UN' V~ nY ¡;;;{y'~,^ - is A- -!1.Ai?J..LFTlNG-
r
u;;: AI ~tlb-~~-
,~
c!)
-~
".. .... .., dtlltl,rfttl.-r r"'r. yø./atl".,..". 71Wf "",..rtttr. ~ _þ"""" III" PItIIItt. ....",."..", *'
,. llMM.fC.... ~. J'1 EiItIl r......., 7)WI, __ n. Ul13. q,.. wilt, leøt.,.., .,lInrflR'''
(:lJ,)"um flr....u .._..£..r.....a.t'...tr..<;'J:~~. 17I1IIIk,.."., VÑf"""''' -., dIIuIø 1IÞ '0IIIWr ~
-
e
Agenda Item No. 9F
March 8, 2005
Page 9 of 19
NICOLAS.P.HEMES
SO 17 PINE RIDGE ROAD..# 123
NAPLES,FLORIDA 341 19
Phone; 239 293 7235
hemes@msn.com
MILITARY 5ERV.æ·ìtöÿALAiR·FÖiicÈ··..Middië·ËäStQ;~~nd (1956-1958)-
Air ContrOller(Sergeant)
EDUCATION; BA- MARKETING, LONDON UNIVERSITY, LONDON., ENGLAND
QUALIFICATIONS: MARKETING AND SALES CONSULTANT FOR OVER 40 YEARS
EMPLOYMENT: 1958-1960 Media Manager, Mattler &- Crowther, London
-
1960-1963 Media Group Planner/Buyer,BBD&O (Omnicom), New York..
1963-1970 International Sales Director, Hearst Magazines, New York.
1970-1978 Associate Publisher, 3M Company, Minneapolis and Lo5
Angeles, California.
1978-1987 President, Mall Media and Vice President, Martin Communications.
Los Angeles, California
1987-Present- Chairman, International Marketing Consultants, Nap'es, Florida
CHARITIES:
Diabetes Associates at Cedars Sinai Medical Center, Los Angeles, California
Executive Board of Directors (1971 - 2000)
California Highwav Patrol (1199 Foundation), La Habra, Ca (1994·2003)_
GOVERNMENT POSITIONS:
CITY OF INDIAN WELLS, California, Public Safety Commissioner (1995-2000)
CITY OF LA QUINTA, California, Cultural ArtS Comminloner (2002-3)
e
STATE OF FLORIDA. FLORIDA HIGHWAY PATROL. Tallahassee, Florida, Civilian
Advisory Council (2001 - Present)
Clients~ Naples Chamber of Commerce. Dye Golf Designs II ESPM-Television
--- --- -..-
.&.-' c:;......,II:"J....... .....,. ~....WI·I r,
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 3411Z
(139) 774-8097
Fax: (239) 774-3601
Agenda Item No. 9F
March 8, 2005
Page 10 of 19
-e
Application for Advisory CommitteesIBoards
Name: 5 ~...f.....: ~ ~ ~ ¡1"1 , +-1- Home PhoDe: '1 ~-~-. i ;}. 9 t
Home Address: II h D ¢. ì fi, 5 f S hJ Zip Code: 3 t..¡. 117
FuNo.),)~ 1- d. J 19 BusinessPhODe: 51 J -' :J./l/9 e-mail address: s<:.bc.t"',,~H 1 ;) edr!i.I:r¡J< _"if
Place of Employcemcnt: D..J (vnV ¡:::-Þ1I11f1 r ;i::L { J;"';:
. , -
Board or CoIDIDittee AppUod tor:ff.f.ûol f £,. fpY"r <;,...,"" + ßoCt.Y"J
Category (if applicable): (:"1 <tl1t;'< 1 F·J~l./;. fði/'
EDanplc: Com~ol1 Dlltñc:t. n.weloper. eRviroJUneU1:allri, lay penou. ek.
How long bave you lived in Collier County: Years '-( 7 "I t'a~ Months /, no £J¥I-H,..s
Are yon a registered voter in Collier County: Yes ~. No
_ Do you currently bold pub6c office? Yes No ~
(f 110, what Is tbat ofti.ec?
Have you ever been convicted of any offense against the Law? Yes
If yes, explain:
Do you now we""., 0.. ha....e you. evCT served, 0" a CoWer County board or commlctee? Yell V
J1yes. plea.Iie llsttbe coDUDineesJboardo¡: ~;~r:J. ¡)~"'~r&~~ (-"i7"~"1 (I....., -,."'
., ~ r j).J I £'''''(:.,'t''r~...''rI f ___~ 4 "1..4 _ ~ - D_.;.. _
No i~
No
~nd ~~..n~~
Education, '1:! - ~ ~ { -5. "If '#, ~ ~, ...~; !:.;, ~
'J " b3 _~'_ ¡: nr; Ie. ,H Lo~~ t. ·cc~.çc..
;-1'17;- _
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Agenda Item No. 9F
March 8, 2005
Page 11 of 19
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Agenda Item No, 9F
March 8, 2005
Page 12 of 19
Applkation for Advisory COlDmitteeslBoards
I
I
I
CoDier Coa*y Bard of CollllDiuioaers
3301 East TIIDIÎaIDi Tnül
Naples, F'L 34112
(941) 714-Ø7
Pax: (941) 774-3602
Name:FC+tA-tW L'fZ.A-GIJ6JL./IJ6t BomePboDC: "t-?J'1 'Ztfø ftrzrló
Home Addresl: tqq5 fMLPðÑ '6M !ULN .ff-lð'Z-- Zip Code: ~f./ 111
Fa: No. Bainc:u Pboae:~ ... I~g ~ e-mail addras:
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BoardorCoatmitteeAppliedfor: ~ ~M~r /f:OV,~'61Ûf ~f'\I~ /T!ø+tto
,
CategOry (if appHcabJe):
z-¡iIe: ClllmalaIDa DJIIriI:t. DewIDpeP. ~"7 penIIIII, ..
How loag have you lived g Collier County: -1 'i ~'"1WC-
Have you arer beea ceDvicted of any ,ft'MIC apiDst die lAw: Yes
N. ~ lf~e:q)Iaúa:
e
Are you ~ re&iJtered voter i8 Collier C01IIIty: Yes P No
Do you curreDtly bold p blic: omc:e? Yes
If 10, ...... b that ofJke?
Do YOII DGW "rYe. or turn: you over IeI"NIcI, 8D . CÐUler Ceullt)' barll or COIaDIinN? Yes
Jfyea, please list die CÐIIIIIII~
No
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Please list yoar COIlUDWty ac:tividel: CÍ\lic dabs, Ddpborbood assodatioa.. ete. aDd petitio. held:
EdDCatioD: ¿;.~ O{(L. \h~
Experience:
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LV
Agenda Item No, 9F
March 8, 2005
. Page 13 of 19
Su.e Filson
Collier County Board of Commissioners
-
Richard Kraenbring
1995 Tarpon Bay Drive North
#102
Naples, Florida 34119
Phone
596-2315
Cell 601-1382
Dear Ms. Filson,
1 am submitting a request to remain a member of the Code Enforcement Adv:îsory
Cómmission and to be promoted to a fuJl time member from my current status as an
alternate. Please let me know if there ís a form that I need to complete and submit.
I am re-submitting m~ curriculum vitae from your review.
& II
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Richard...KraenbJins
1995 Tarpon Bay Drive Unit 102
Naples, Florida 34119 - 9008
Profession.al E~erience
Agenda Item No. 9F
March 8, 2005
Page 14 of 19
Curriculum Vitae
239. 298. 6215 . Phone
1988-2004 Kraenbring Inspection Service, Inc. Westmont, NJ
Building Inspection / Consultations
Perform commerdaI and residential buil.ding inspections and consultations. These
inspections involve a thorough evaluation of the roofing, heating, plumb.t.ng,
electrical, structural systems, site conditions, eneJ:'gy / weatherization detailing and
maintenance requirements. A detailed report is issued after each inspection.
To d.ate I have succes$fu1ly performed over 7,500 inspections.
Consultation I Estimating .
Provide consultation 5ernce.s to municipaJitj.es, non-profit groups, banks and
property ownl!:rs. Services inclu.de estimating, scope of work and spedfication
write - ups, construction progress inspections, ADA complience inspections, dispute
ItI.ediation and new construction inspections.
1988 -1998 Kraenbring Associates, Inc.
Constrüction
Provided restoration and remodeling construction services specializing in
dilapidated residential and commerdal properties. Our clients included business
owners, non-profit community groups, municipalities, banks and. homeowners.
A full job resume and references ate available upon request.
1982 - 2002 Current and Previous Employers and Major Clients
City of Camden Dept. of Housing Services Camden, NJ.
Housing Authority of the City of Camden Camden" NJ.
The Inspector, Inc. Philadelphia,.. Pa.
InVision Technologies Norwood, Pa / McLea~ Va.
PSE&G New Jersey
General BuiJding Inspecto:ns, Inc. Paoli, Pa.
Engineered Inspection Systems Princeton Junction, NJ
Provide these companies and concerns with residential and commercial building
inspections and construction consultation services on a full - time and sub-contract
basis. Speda1i~ed services include; specifications preparation, work write-ups,
progress payment inspections, boiler inspections and maintenance spedfications,
security specifications, I1ew construction weafuerl:tation inspections, existin.g
building energy auditing inspections and construction problem resolution.
Perform.ed quality control reviews a.nd editing of home inspection reports for a
national relocation industry inspection service cOInpany. Provided. tfìe home office
and our corporate dients with problem solving ana techrùcal assistance.
e
I'Age 1 of 6
Agenda Item No. 9F
March 8, 2005
Page 15 of 19
_ ~ducation
1981- 1983 Drexel University Evening College
Construction Management
1977 -1981 Glassboro State College
Accounting and Finance
Philadelphia, P A
Glassboro, NJ
:professional ~ic:enses
2001 - 2002 New Jersey Licensed Radon Gas Testing Technician
1990 - 2002 New Jersey Licensed Residential Building Inspector - License # 5117
1987 -1999 BOCA National BuiJding Inspection Certification Program Tests
Successfully completed the certifications tests in the foUowing categories:
1987
1987
1987 /1998
1998
Residential One and Two Family Dwelling Code
ResidentiaJ One and Two Family Plumbing Code
General Mechanical ( Commercial I Industrial)
General Building (Commerdal / Industrial)
-
1997 - 2002 New Jetsey Pest Control Applicators License
Core and Wood Destroying Insects - if 22065 B
1990 NewJerseyReaJ E.state Sales License - Currently Donnant
rm&ssional Memberships
1988 - 2004 American Society of Home Inspectors - Member #001984
Appointed to the National Education Committee for 2002 and 2003
Southern New Jersey Chapter - Current Vice President
Southern New Jersey Chapter - Recording Secretary 1999 ( Charter year. )
1999 National Association of Independent Fee Appraisers
Burlington County Chapter
1998 -1999 Building Officials Code Administrators Interna.tionall BOCA
Cooperating Member
1998 - 1999 Federa.tion of Real Estate Appraisers - Meœber
Commercial Real Estate Inspector Designation
e Page 2 of 6
.~
Agenda Item No. 9F
March 8, 2005
Page 16 of 19
Professional Education
1986 - 1998 State of New Jersey Gloucester County CoUege - Sewell, NT
Construdion Code Enforcement Training
These are college level state sponsored dassE!s for the training of mu.nicipal building
inspectors. n"e following topIcs are covered in these courses: Classifl,cation of
S1::rÙ.ctures, wspection Agencies, Plan. review, Permit and Appeal P:rOœ8S, Structural
Design,. Materials, Fire Protection Design and Assemblies, Means of Egress, Code
Enforcement Process, Energy Sub code, Inspection Têchniques, Etc.
1986 Residential ( RCS ) - 7 Credits - 90 hours
1987 Commercial I Industrial ( rcs ) - 6 Credits - 90 hours
1. 997 High Rise / High Hazard ( HHS ) - 4 Credits - 45 houJ:'s
1999 Real Est.a.te Appraisal Education
Real Estate Appraisal Report Writing - 30 hout'S
tJnifonn Standards of professional Appraisal Practices - (USPAP) -15 hours
1988 Black Seal Licensing Oass - Low Pressure Steam Boilers
Pennsauken Adult Sé:hool
Special Studies
·e
New Jersey Department of En\'ÏronmentaJ Protection - Division of Pesticide Control
Pesticide Control Business Regulation Review and Update Seminar
2001 Radon Gas Testing Ted1nidan and Specialist Training Courøe
Required two day œUJ:'se for radon gas testing technicians and specialists.
Specialist designation in Pennsylvania. Te<:hrû.cian designation in New Jet'$ey.
RTCA Elmsford, New York.
2001
1987 - 1.999 New Jersey Department of Community Affairs
State Sponsored Construction Code SeD.'Ùnars
These are day long educational seminars presented by the State of New Jersey fot'
licensed building inspector remam CWTent on changes to the various mechanical
and building codes.
Barrier Free Subcode - 1998
ADA requirements for building construction. Mandatory update of the 1992
seminar.
Non-StructuraJ Plan Re'View - 2 Day Seminar
Construction document review including building pJannin,g, fire protection
considerations and means of egress.
structural Steel Buildings Special Inspedions - Fasteners and Welding Inspections
Evaluation of proper fastener and welded connections in strnctutaI steel buildings.
Stru.ch.lral Wood fastener
Code, design and 1nspection requirements ~or wood. framing .Eastenet'S.
Swimming PooIt and Spa Inspections
Code, design and inspection requirements for pools, spas and related appliances.
1999
1999
1997
1997
1997
e
Page 3 of 6
Agenda Item No. 9F
March 8, 2005
Page 17 of 19
Building Code Update - 2 Days
Review of changes to the code and interpretations between the 1993 and 19% code.
Mechanical Code Update and Revi~
Review of changes to the code and interpretations between the 1993 and 1996 code.
In-Plant Building Inspections
Code and administrative requirement tor in-plant prefabricated housing
inspections.
FirewaJls and Separations
Code, design and inspection requirements for firewalls, separations and pa.rtitions.
Fire Sprinkler Systems
Code, design and inspection ~equirements for fire suppression system.s.
Gas Piping and Oil Piping Systems
Code, design and inspedion requirements for gas and oil piping and storage tanks.
Stroctutal Plan Review - 2 Days
Technical issues and procedures for the review of structural building plans.
Building Code Update
Review of changes to the code and interpretations between the 1990 and 1993 code.
Mechanical Code Update and Revi~
Review of changes to the code and interpretations between the 1990 and 1993 code.
ADA and Barrier: Fee Sub code ( Americans with Disabilities Act )
Technical design standards and code enfot'Cement authority.
ASH! Intema.tionaI Educational Conference - Santa Fe, New Mexico
ASm International Educational Conference - Orlando, Florida
ASHI International Educational Conference - New Orleans, Louisiil~
ASm International Educational Conference - Las Vegas, Nevada
ASH! International EduationaJ Conference - Orlando, Florida.
ASH! International Educational Conference - New Orleans, Louisiana
Four day conference with rone seminars including commercial and residential
roofing, heating, electrical, environmental and stroctural systexns.
( ASffi - American Society of Home Inspectors )
1988 - 2002 ASHI- American Society of Home Inspectors - Tri State md Southern NJ Chapters
Current Vice President. RecoI'cHng secretary 1999 - Southern NT Chapter.
Regularly attend monthly society meetings where inspection industry and technical
issues are discussed.
- 1996
1996
1995
1995
1.995
1994
1994
1993
1992
1992
2004
2003
2002
2001
e 1999
1998
1991
Four day conference with nine seminars including commercial and residential
roofing, hea~ electrical, environmental and structural systems.
( ASm - Amencan Society of Home fnspectors )
Radon Gas Testing Certification Program - Rutgers University - New BnmsWÌck,. N]
Two day seminar required to obtain a certification as a New Jersey State licensed
radon technicians.
1989
State of New Jersey - NJ Department of Community Affairs ~ Pennsauken, NJ
Low Pressure Boiler Black Seal Training - 30 hours
Completed this training class for the operation or low pressure skam and hot water
heating system boilers.
e
Page 4 of 6
-,
e
........ --. ---
Agenda Item No. 9F
March 8, 2005
Page 18 of 19
Special :erojeds - llUJpectiQlI aJ1.d CO{tsuUation
2002 - 2003 Instructor for the Required State of Ne1IV Jersey Home Inspection Class
300 hour class that the new home Inspectors are required to complete 10 obtain a New
Jersey home inspector license. J taught 4 modules of this course.
1998 - 2000 Roof Replacement Specification Development and Construction Oversight
The Maple Shade Church of Christ suffered with a leaking fIat roof for several years.
Repair recommendations from some architects and contractors were priced at over
$ 60,000. I developed a plan to properly prepar:e and resurface the roof £OJ:' 1/2 of that
cost. The Church retained me again to prepare, specify and oversee the replacement
of the large step pitched roof. .
1998 Armed Security Guard and Special Police Force SP*i£icatiOD Development
The Oty of Camden Housing Authority contracted me to prepare a speciEication for
the development of an armed security guard force and special poHc:e force for their
multi-family housing developments.
1997 Steam Boiler and Distribution System E\Taluation and Maintenance Specification
Preparation
The City of Camden Housing Authority contracted me to evaluate and the
condition of aU of the stearn boilers and distribution systems in their multi-femily
housing developments. Wrote specifications for the repair and continuing
maintenance of the systems.
1989
Presenter - Residen~aI Building Inspection Techniques and ProCedlUeS Seminar
New Jersey Residential Energy Auditors Training Seminar - 2 Day Seminar -
Cherry Hill, NJ
Sd~cted Coustrµction PrQ;ects - 1988 throqzh 1997
Moorestown Communi9' House - Main Street Moorestown, New Jersey
Renovation of the main fuillway and meeting room. Installa.tion of the handicappecl accessible rear
entrance addition, facade and site work. T1ùs was a high profile project that brought the main floor
of the community house into compliance with the ADA. (Americans with Disabilities Act)
Queen Street. Cape May, New Jeney· (National Historic Building)
Designed and renovated a residence in the primary national historic district. The house was in a
severe structural condition. We lifted the nouse four feet off of the I;!ound and rebuilt the
foundation.. The house was gutted, additions were constructed and the !.nterior and exterior were
completely refinished. All work was completed following th.e township's historic guidelines.
436 and 440 North ChW'Ch Street - Moorestown, New Jersey
Designed a.nd renovated two 1~900 sq. ft. houses to save them. from demolition. These were
complete renovations and restorations of the structure, utilities, exterior and interior. These houses
had been found to be stntcturally unsafe and condemned by the township engineer, building
inspector and. their independent architectural consultant.
e
Page 5 of. 6
e
Agenda Item No. 9F
March 8, 2005
N " .. "Idi Page 19 of 19
Roebli:ng Inn - RoebJing, New Jersey - ( ationaI Histone Bw ng)
Performed selective restoration of several components of the this historic Inn. Structural repair and
stabilization of the roof structure, selective demolition, complete restorati.on of the existing folded
seam metal roof and restoration of the WÏßdows-
.
Cedar Avenue Moorestown, New Jersey
Designed and performed interior and exterior renovations. Including interior structural work, new
kitchen and bathrooms, new windows and siding, partial mechanical systems and interior fini.shes.
112 Melrose Avenue WestØ1ont, New Jersey
Designed and completely gutted and renovated a 4200 sq. it. house. This included major 5tructural
repair to the existing house and a two story up and over addition. This house was renovated using
the 203 k .fina.ncing plan.
HaddonñeJd - Bedin Road Cherry HHI, New Jersey
Designed and completely renovated and restored a 150 year old house that had been vacant for
several yea1"5. This project included structural repairs, completely new l1'\I!:chanical systems, interior
restoration,. new· bathrooms, kitchen and family room and exterior repairs.
Marty's Sh.oes Route 70 - Cherry HilJ, New Jersey
Gutted and renovated a commercial building for use as a shoe store. Included 5b:'uctural changes to
the concrete block walls through painting and carpeting. Project was completed on time and under
budget.
Hinchman Avenue and Moore Lane, Haddonfield, NJ
Frame, b:im. side, insulate and drywall two 3,800 sq.ft. houses
Oaklawn Avenue O~kIyn, New Jersey
Frame, trim, side, insulate, drywall and paint a 1,600 sqit. house.
The Moorestown Visiting Nurses Association and The Tender Adult Day Care
The Moorestown Comnnxnity House, Moorestown-. NJ
Cons1ruct 15 new offices for 40 staff members. Framing through painting. Install two new kitchens.
Office of Jeffrey Gold Esq. - Rt. 70 Cherry Hill, NJ
Complete gutting and reI1.ovation of an office for Mr. Gold's Jaw practice. DeznoIiti01l to painting.
Office of John Field, Esq. - Lees A\7enue CoUingswood, NJ
Complete gutting and renovation of an office for Mr. Field'lS Jaw practice. Demolition to painting.
406 First Avenue Haddon Heights, New Jersey
FuIl house renovation. Design and structural repair through painting.
401 Richey Avenue, 415 Richey Avenue and 616 Magill Avenue:
ColIingswood" New Jersey
Whole house renovation of two dt,¡plex apartment houses and a single family house. Design and
structural repair through painting.
19 Cooper Street Wesbnont, New Jersey
110 Umon Street MoorestoWD, New Jersey
432 East MoiÚn Street Moorestown, New Jersey
BowIing Green Atrenue Moorestown,New Jersey
118 East Park Avenue Me:{chantvitle, New Jersey
Full house renovations. Design and structural repair through painting.
. Page 6 01 6
Agenda Item No.1 OA
March 8, 2005
Page 1 of 30
EXECUTIVE SUMMARY
Recommendation to Adopt FY 06 Budget Policy
OBJECTIVE: That the Board of County Commissioners adopt policies to be used in developing the
Collier County Government budget for fiscal year 2006.
CONSIDERATIONS: In order for staff to begin preparation of the FY 2006 budget, direction is needed
from the Board of County Commissioners on major policy issues.
Attached to this Executive Summary is a listing of pertinent policy issues that will affect preparation of the
FY 2006 budget. The purpose of today's discussion is for the Board to reach consensus on the policies
upon which the budget will be based. The County Manager met with the Productivity Committee and the
Constitutional Officers to share the proposed FY 06 policies prior to this Board presentation.
The Executive Summary is broken down into three distinct elements. The first element (pp. 2-6) consists
of budget policies proposed in FY 06 that require policy direction from the Board. The second element
(pp. 7-10) consists of standard budget policies that the Board has endorsed for a number of fiscal years.
The third element consists of a three-year analysis of the General Fund (001) and the Unincorporated Area
, General Fund MSTD (111).
The Board needs to establish June budget workshop dates. Tentative dates are Wednesday, June 15,
,_ 2005 (Board Agency) and Thursday, June 16, 2005 (Constitutional Officers) with meeting times scheduled
from 9:00 a.m. to 5 :00 p.m. As a contingency, the Board meeting room is also reserved on Friday, June
17,2005 for any wrap-up items, if required.
For infonnational purposes, adoption of the proposed millage rates is scheduled for Tuesday, July 26,
2ooS. The Board is required by Florida Statutes to provide the Property Appraiser with the proposed
millage rates by August 4, 2005 in order to prepare the Notice of Proposed Taxes.
Finally, the Board needs to establish September public hearing dates for the adoption of the FY 06 budget.
The School Board has selected September 13,2005 for their final budget hearing. Recommended dates for
the Collier County budget public hearings are September 8, 2005 (Thursday) and September 22, 2005
(Thursday). The Boardroom is reserved for these dates.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact.
FISCAL IMPACT: The adopted policies will serve as the framework for the development of all budget
and ad valorem taxation issues for fiscal year 2006.
RECOMMENDATIONS: That the Board of County Commissioners adopts budget policies as detailed
in the attachments to this Executive Summary, establishes June budget workshop dates and September
public hearing dates.
,_ Prepared by: Michael Smykowski, OMB Director
~",~...",,-_.''''^
FY 06 Budget Policies
Agenda Item No. 10A
March 8, 2005
Page 2 of 30
Ae:encv Bude:et Allocations and General FundIMSTD General Fund Millae:e Tare:ets
During FY 05 budget policy deliberations, the Board committed to a "millage neutral" General Fund
budget. Unfortunately, there were a number of factors that adversely impacted the County General
Fund budget including unfunded mandates ITom the State of Florida, the cost of operating new
County facilities, the funding commitment to the road construction program, and the slow down in
the growth in countywide taxable value.
It was recognized that the commitment to a "millage neutral" General Fund budget required the
cooperation of all agencies, including the Constitutional Officers. After careful deliberation, the
Board adopted a budget policy limiting FY 05 Agency budgets to no more than the percentage their
FY 04 budgets represented of total FY 04 General Fund budget appropriations.
Recommendations: (1) That the Board continue the budget policy limiting General Fund agency
budget appropriations to no more than their respective percentages in the adopted FY 04 budget. Any
deviations ITom the budget allocations should be offset by a reduction in the 3.9% cost of living
adjustment in that agency. The percentages allocations are noted below in the following table:
~
BCC/Co Att.
County Manager
CourtslRelated
Airport Authority
Road Program Subsidy
Debt/Capital Subsidy
Reserves
Clerk of Courts·
Sheriff
Property Appraiser
Tax Collector
Supervisor of Elections
Total
%of
FY04
Bude:et
1.5%
27.3%
2.3%
0.3%
5.2%
6.0%
7.7%
3.4%
39.6%
2.1%
3.8%
0.9%
100.00%
·Clerk adjusted for Artlicle V is 2.2%.
(2) A secondary recommendation is to develop "millage neutral" General Fund and MSTD General
Fund budgets for FY 06.
It must be noted that a deficient program area in the MSTD General Fund is the road-resurfacing
program. The average useful life of a paved roadway is approximately 15 years. The current
repaving program does not provide adequate funds to resurface roads within their 15 year estimated
useful life.
However, there are capacity limitations of the existing asphalt plants in Collier County. The
aggressive campaign currently underway to add new lane miles in Collier County, coupled with the
Agenda Item No. 10A
March 8, 2005
existing resurfacing activity, are limiting factors in enhancing the resurfacing program at this timaß 3 of 30
This was a UFR list program in FY 05.
Limitations on Exoanded Positions to Maximize Or2anizational Efficiencies
To maximize organizational efficiencies, a limitation of less than 25 new positions (excepting
the staffing required for the North Naples Regional Park) in the County Manager's Agency
will be implemented in FY 06. This recognizes the fact that in service organizations such as
local governments, the primary expense is for salaries and associated mnge benefits and will
continue to force economies within the County Manager's Agency through more effective use
of existing resources.
Limitations on Current Service Discretionarv Ooeratin2 Expenses
The County Manager recommends limiting current service discretionary operating expense
increases to CPI, 3.9% or less. This will economize and provide the means to support the
General Fund transportation program requirements. FY 05 adopted operating expenses
budgets will be adjusted to reflect one-time expenses. Exceptions would include fixed cost
increases such as allocated insurance, indirect service charge payments (revenue to the
General Fund), fuel, and utility expenses.
Health Care Pro2ram Cost Sharin2
Collier County provides a self-funded Group Benefits Plan for health care and prescription
drug coverage. Coverage under the Plan extends to all County employees, with the exception
of the Sheriff's Office, which provides its own self-funded plan.
Nationally, as well as here in Florida, medical plan costs, and the premium dollars required to
fund them, continue to increase annually at double-digit levels. The County's medical plan is
similarly impacted by these rising costs. However, management and employees continue to
work together to hold down the impact of future increases by restructuring benefit levels and
initiating further cost shifting measures. In addition, staff continues to negotiate with
providers for discounted physician and hospital fees and promote corporate wellness and
preventive health care initiatives.
Most importantly, management continues to move toward its goal of requiring employees to
absorb a greater share of medical plan premium costs.
Recommendation: In FY 06 the average cost distribution between the Board of County
Commissioners and employees will be 80% (employer) and 20% (employee).
It is further recommended that the 80% emDlover share and 20% emDlovee share be unifonn
across all allencies. inclusive of the Constitutional Officers. This policy treats all county
employees equally in tenns of cost sharing for health insurance premiums. Any deviations
from this policy (i.e., employees paying less than a 20% share) should be offset by a reduction
in the 3.9% cost-of-living adjustment.
- ,-....--
Agenda Item No.1 OA
March 8, 2005
Page 4 of 30
Compensation Administration
The philosophy of Collier County Govenunent is to provide a market-based
compensation program that meets the following goals:
1. Facilitates the hiring and retention of the most knowledgeable, skilled and
experienced employees available.
2. Supports continuous training, professional development and enhanced career
mobility.
3. Recognizes and rewards individual and team achievement.
In order to achieve these objectives, a series of changes to the compensation
system were implemented in FY 04. These changes are still in place today. (See
list below.)
1. Recognized that motivational factors and expectations vary for employees at
different levels in the pay structure and established distinct pay plans that target
appropriate reward mechanisms for each level.
2. Adjusted salary ranges as needed, especially for hourly employees, to more
. closely match the appropriate market for each plan.
3. Slowed the growth of executive level base salaries by changing the way·
perfonnance awards are paid, (i.e. awarded as one-time lump-sum bonuses rather
than incremental increases to base pay).
4. Established a market-driven hard salary cap for each position.
Recommendation: Budget 5.65% of budgeted Regular Salaries in FY 06 for
compensation administration and future fiscal years as delineated below:
Proe:ram Component FYOS FY06 Future Fiscal Years
Cost of Living ... 2.10% 3.90% Varies annually
Awards Program 1.50% 1.50% 1.50%
Pay Plan Maintenance 0.25% 0.25% 0.25%
Total 3.85% 5.65%
·Note: Cost of living adjustments are based on the December Miami-Ft. Lauderdale SMSA (all urban
consumers).
Agenda Item No. 10A
March 8, 2005
Page 5 of 30
Stormwater Manaeement CaDital Fundine
The Board previously adopted a policy with funding equivalent to 0.1500 mills annually. The
purpose of this dedicated funding source is to address long-standing capital project needs in the
Stonnwater program area, as well as to identify to grantor agencies that Collier County has a
dedicated funding source to provide local matching requirements to available grants.
Recommendation: Provide dedicated General Fund dollars to Stonnwater Management capital
projects with funding set at 0.1500 mills annually. Assuming an 11 % increase in General Fund
taxable value, this would provide funding in the amount of $8,535,258 in FY 06.
ScbeduÜDe Issues
Decisions Re uired
June Budget Workshops
Staff Recommended Date s
(Board Agency/Courts)
(Constitutional Officers)
Wrap-up (as needed)
Wednesday, June 15, 2005
Thursday, June 16,2005
Friday, June 17,2005
Notes: The School Board has first priority in establishing public hearing dates. The School Board's
final budget hearing is scheduled for September 13,2005. The Commission chambers are reserved
for the tentative dates for Collier County Government budget public hearings.
The Board already approved a resolution requiring Clerk, Sheriff, and Elections budgets to be
submitted by May 1, 2005.
ComDarative Budeet Data
Provide Comparative Budget Data using FY 05 adopted budget data (cost and employees per capita
based on unincorporated area population) by Agency with Budget Submittals for Similar Sized
Florida Counties.
Recommended counties for comparison purposes include:
· Sarasota County
· Lee County
· Charlotte County
· Marion County
· Manatee County
Agenda Item No.1 OA
March.s. 2005
Page 6 of 30
The Board can require Constitutional Officers and request Court Agencies. to provide this
comparative budget data. The following is from Florida Statute 129.021:
County officer budget infonnation. Notwithstanding other
provisions of law, the budgets of all county officers, as
submitted to the board of county commissioners, shall be in
sufficient detail and contain such infonnation as the board of
county commissioners may require in furtherance of their
powers and responsibilities provided in ss. 125.01(1)(q) and
(r) and (6) and 129.01(2)(b).
Reserves
. A reserve for contingency is typically budgeted in all operating funds, with the exception of
the Constitutional Officer funds. Reserves for the Constitutional Officer funds shall be
appropriated within the County General Fund. The reserve for contingencies in the General
Fund will be 2.5%.
Attrition
. For a num~er of years, Collier County has used a 4% attrition factor, recognizing that in large
organizations there is staff turnover and 100% of budgeted Personal Service expenses will not
be expended in a given year.
As fewer expanded positions were added during the last two years and the full budgeted
amounts for health insurance and worker's compensation were transferred to the self-
insurance fund, the actual amount of accrued salary savings has decreased. Recent
experience reflects 2% salary savings across major operating funds. Therefore, all funds will
utilize a 2% attrition factor in developing the FY 06 budget.
Overtime Limitations
A policy to limit overtime budgets is recommended for FY 06. The proposed policy limits budgeted
overtime to no more than the product of 2.00 multiplied by the 2% attrition amount.
Example - $1,000,000 budgeted Regular Salaries;
2% attrition ($1,000,000 times 2%) = $20,000;
maximum allowable overtime ($20,000 times 2.00) = $40,000.
A further recommendation is that should the 2% attrition amount not be realized, the difference
would be absorbed within the existing overtime budget. This policy will require careful management
of Personal Services budgets.
Existing Budget Policies for FY 06
Agenda Item No. 10A
. March 8, 2005
Page 7 of 30
Budget Policies Affecting Operating Budgets
Financial Manaeement/Financial Budeet DeveloDment
· OMB staffwill prepare annually a three-year projection of General Fund and MSTD General
Fund revenues and expenditures to improve financial planning and to understand the long-
term impact of funding decisions made in FY 06.
Grant Funded Positions
· Any positions formerly funded with grant funds being recommended for inclusion in a general
(non-grant funded) operating budget shall be treated as expanded service requests.
Self-Insurance
· To conduct an actuarial study of the self-insured Workers' Compensation, Property and
Casualty, and Group Health Insurance programs. Program funding to be based upon a
confidence interval of75%, with the exception of group health to which a confidence interval
is not applicable.
Proposed Uses of Gas Taxes
· Based on the Board's policy decisions relative to the Annual Update and Inventory Report
(AUIR) regarding Transportation, all available gas tax revenue will be used to support the
Roads Construction Capital Improvement Program.
Reserves
· The General Fund reserve for cash flow is $7,250,000. In the MSTD General Fund, the
recommended reserve for cash flow is $250,000.
Contract Aeencv Fundine
· The Board of County Commissioners will not fund any non-mandated social service agencies.
External Qperatine and Capital Protect Fundine Reauests
Agenda Item No.1 OA
March 8, 2005
Page 8 of 30
· External operating and capital budget requests should only be considered within the
framework of the budget process. Requests for funding received outside the boundaries of the
budget process shall be considered in the subsequent year's budget cycle.
Median Maintenance
· Recognizing Unincorporated Area General Fund MSTD (111) as the appropriate, dedicated
funding source for median beautification maintenance costs.
Revenue Policies
Carryforward
· All funds that are unexpended and unencumbered at the end of the fiscal year will be
appropriated as carryforward revenue in the following year.
· In the event that sufficient cash is not available to meet General Fund operating needs, staff
will make arrangements to borrow against pooled cash.
· General Fund balance is required to meet operating needs for October and November of a
given fiscal year, prior to the receipt of any significant ad valorem tax revenue (ad valorem
taxes represent 66.6% ofthe total FY 05 General Fund adopted revenues). Fund balance is
also an important measure used by bond rating agencies in detennining the County's credit
worthiness. Staff from Moody's Investors Service was contacted previously to determine an
appropriate level of carry forward revenue. Specific concerns for Florida communities were
reliance on the tourism industry and sales tax revenue, and the ongoing threat from hurricanes
and wildfires. For Florida coastal communities, a minimum carry forward balance of 10% of
total General Fund expenditures was recommended. It was noted that bond ratings would
improve as this percentage increased.
Recommendation: The recommended level of fund balance in the General Fund should be a
minimum of 10% of actual general fund expenditures, with a maximum fund balance level of
15%. If fund balance exceeds the 15% level, the surplus above the 15% level should be used
to fund non-recurring costs, as fund balance is a non-recurring revenue source.
Maximization of ImDact Fees
· Collier County will assess the maximum impact fees allowed by law, as supported by impact
fee studies.
Indirect Cost Allocation Plan
· The policy of charging enterprise and special revenue funds for support services provided by
General Fund departments will be used again in FY 06. The basis of these charges is a
detailed indirect cost allocation plan prepared by a consultant.
Enterprise Fund Payment in Lieu of Taxes
Agenda Item No.1 OA
March 8·, 2005
Page 9 of 30
· The Solid Waste Fund and the Collier County Water-Sewer District will contribute a payment
in lieu of taxes to the General Fund equal to the prior year General Fund millage rate
multiplied by the prior year gross value of property, plant, and equipment.
Debt Administration Policies
Debt Service
· Any capital projects financed by bolTowing money shalllímit the repayment period to the
useful life of the asset.
Interim Financin2
· Collier County may also bOlTow funds on an interim basis to fund capital projects. In these
cases a repayment source shall be identified and the financing source that has the lowest total
cost shall be employed.
· The net present value savings generated by a proposed refinancing shall be a minimum of 5%.
As a general rule, savings generated by refinancing shall be utilized to reduce future debt
service payments.
Budget Policies Affecting Capital Projects
Ad Valorem Capital Fundin2
· Continuation of a fixed General Fund millage dedicated to capital projects. The
recommended rate is .3333 mills. This provides some built-in protection against loss of
purchasing power due to construction inflation. During the period from FY 91 to FY 98, the
General Fund capital allocation was 1.0000 mills annually. In comparison to these prior fiscal
years, this capital allocation is under funded.
Capital Improvement Pro2ram lCIP) Policies
· On an annual basis, the County shall prepare and adopt a five-year Capital Improvement
Element (CIE) consistent with the requirements of the Growth Management Plan. The annual
budget will include sufficient appropriations to fund capital projects identified in the first year
of the CIE.
· Capital projects attributable to growth will be funded, to the extent possible, by impact fees.
· Capital projects identified in the five-year CIE will be given priority for funding. The five-
year plan for water and wastewater CIE projects will be based on projects included in the
adopted master plans.
· Non-CIE capital projects funded by General Fund ad valorem taxes will be reviewed annually
on a case-by-case basis.
Agenda Item No. 10A
. March 8. 2005
. The respective departments during the budget process will identify annual operating eiplcøsti of 30
associated with capital projects.
. Unlike operating budgets that are administered at the appropriation unit level, capital project
budgets will continue to be administered on a total project budget basis. The minimum
threshold for projects budgeted in capital funds is $25,000.
Agenda Item No. 10A
March 8, 2005
Page 11 of 30
Three-Year Budget Projections
Ad Valorem Tax Funds
(FY 06 - FY 08)
The following 3-year budget projections are for the General Fund (001) and the MSTD General Fund
(111).
General Fund (001) Millaee Historv
As a point of reference, the following graph plots the historical General Fund millage rate, as well as
the projected millage rates ftom FY 06 through FY 08, based on the assumptions in this analysis.
Millage
4.7
4.5
4.3
4.1
3.9
3.7
3.5
3.3
3.1
2.9
2.7
2.5
General Fund Millage History
FY 96 . FY 08 (Budget Policy)
4.0878 4.0501
3.87723.8772
3.9197
3.72413.6813
3.4889 3.5510
96 97 98 99 00 01 02 03 04 05 06 07 08
Fiscal Year
Note- Millage rates are based on the Sheriff adding 119 positions in FY 06; the prior year analysis
assumed 183 positions in FY 06. This change has a major impact on the projected millage rates.
Millaee Rates
Based on the assumptions used in this analysis, the FY 06 General Fund projected millage rate is as
follows:
Net Inc. (Dec.) per
FY 05 Adopted FY 06 Projected $100,000
Fund MiUaee Rates Millaee Rates Taxable Value
General Fund 3.8772 4.0878 $21.06
Agenda Item No.1 OA
March 8,2005
Page 12 of 30
Projected millage rate assumes an 11 % increase in taxable value in FY 06. The Property Appraiser
will provide preliminary taxable value estimates on June 1,2005. Actual and assumed increases in
County taxable values were as follows:
Historical and Assumed Increas.s In ColII.r County Taxable Value
(FY 94 . FY 08)
24.00%
21.50%
19.00%
16.50%
14.00%
11.50%
9.00%
6.50%
4.00%
1.50%
-1.00%
20.5%
18.3% -18.4%
6.1% -8.7%-7.8%
- 6.3% - 4.5%
11.6%-11.0%
10.0% -
9.0%
FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY
94 95 96 97 98 99 00 01 02 03 04 05 06 07 08
IT 06 EmeDse AssumDüoDs
· All services provided cwrently will be funded in FY 06.
· Allocation for compensation administration - 5.65%.
· Retirement rates based on Governor's proposed budget.
· 2% attrition rate was assumed in the County Manager's Agency.
· 3.9% increase in budgeted operating expenses/capital outlay.
· Capital projects funding equals 0.3333 mills annually. ($19.0M in FY 06).
· Stonnwater capital funding equivalent to 0.1500 mills ($8.5M in FY 06)
· Sheriff Impacts- $15,293,371
· Sheriff's Deputies fonnerly grant funded - $3,193,960.
· Naples Jail Staffing - $4,767,800.
· Irnmokalee Jail- $ 783,800.
· Orangetree Substation staffing- $2,404,100.
· Youth Relations Deputies (new schools) - $ 241,800.
· 2% attrition - $1,939,830.
· Armualized impact ofFY 05 phase-in - $1,166,581.
· Naples Jail Utilities - $795,500.
· General Fund support of road constnlction - $36,974,100 (consistent with the December 2004
AUIR update; includes use of $13,000,000 in reserves set aside specifically for roads).
· Net cost of North Naples Regional Park - $1,158,200.
· Remaining General Fund Reserve for road construction - $1,066,800.
· Increase in payment to Naples CRA - $200,000.
· Increase in allocated insurance - $454,000.
_.._~~-
Agenda Item No. 10A 1
March 8, 2005
Page 13 of 30 !
Revenue Assumptions
· Ad valorem tax revenue forecast is 96.65% of actual taxes levied.
· Sales tax revenue increases 4.5% annually.
· State Revenue Sharing increases 4% annually.
· Constitutional Officer turn backs were based on an average of historical receipts.
· No gas taxes allocated to roadway maintenance.
· Voter approved taxes (environmental lands acquisition) are separate from the General Fund.
Other FundslFactors ImD8ctinsz the General Fund
Individual analyses of the Road and Bridge Fund, and the EMS Fund, and the road construction
program were undertaken to detennine the relative impact on the General Fund.
Road and Bridsze Fund
Gas taxes are now used exclusively for road construction, resulting in a General Fund subsidy of road
maintenance programs. Road maintenance operations will be increasingly supported by sales tax
revenue previously available in the General Fund.
In FY 98, 100% of available gas tax revenue was allocated to road construction. As such, the
required General Fund support of road maintenance activities was $5.9 million.
During the period ftom FY 99 through FY ° 1, the required General Fund support was minimized, as
the Board allocated $1,000,000 in FY 99, $2,000,000 in FY 00, and $3,000,000 in FY 01 in gas taxes
for road maintenance. Roadway maintenance is an appropriate use of gas tax revenue. However, it is
also recognized that a major road construction campaign is underway with limited available revenues.
As gas taxes are the revenue pledged to support transportation bonds, no gas taxes will be allocated to
roadway maintenance in FY 06. The historical and projected General Fund support required is as
follows:
Sales Tax Required for Road and Bridge
FY 98 . FY 08
20000
18000
16000
! 14000
~ 12000
!
! 10000
j BOOO
~ BooO
4000
2000
0
98 99 00 01
15113
13,841
11 ,855
~.cal W.ar 04
05
06
07
08
AgeMa Item No.1 OA
March 8, 2005
Page 14 of 30
EMS Fund
EMS is another fund that impacts significantly on the General Fund. During each of the fiscal years
from FY 06 through FY 08, there is an additional EMS unit included in this analysis. This is a worst-
case scenario as the staff is endeavoring to expand the use of the ALS engine program with local fire
districts to minimize the need for additional dedicated EMS units.
Historical and projected General Fund support of EMS operations by fiscal year is as follows:
General Fund Support of EMS
FY 98 . FY 08
16000
14000
1::
8- 12000
a.
::s_ 10000
rn III
"g C
C 0 8000
::sæ
u. .-
-:II 6000
I!-
! 4000
~
2000
0
12,981
98 99 00 01 02 03 04 05 06 07 08
Fiscal Y.ar
This analysis assumes a 4% annual increase in EMS ambulance fee rates recognizing the inflationary
impact of providing this service. Annual rate increases are recommended in recognition of the
inflationary cost of providing this service.
Road Construction Proeram
The Board approved road financing plan hinges on using growth in taxable value and maintaining the
General Fund millage rate to provide growth dollars to meet the road funding commitments.
In the adopted FY 03 budget, there was a $5,900,000 General Fund transfer to the road construction
program. General Fund support of the road construction program in FY 04 amounted to $13,699,300
and the FY 05 level of support was $20,298,800.
Based on the Board approved AUJR of December 2004, the road-financing plan assumes the
following General Fund support: $36,974,100 in FY 06 (includes using $13,000,000 of the General
Fund reserve for road construction), $24,630,800 in FY 07, and $24,000,000 in FY 08. This
commitment is depicted in the following graph.
---_.-.,_.~._~.._._..
General Fund Support of Road Construction
FY 03 . FY 07
Agenda Item No.1 OA
h 8, 2005
Pa 15 of 30
40000
5000
35000
I 30000
::I
: I 25000
§=
~ i 20000
I!-
! 15000
c!
10000
o
03
04
05 06
Flsc.1 Year
07
08
FY07
The projected General Fund millage rate is 4.0501 or $405.01 per $100,000 oftaxable value. This
represents a decrease of$3.77 per $100,000 oftaxable value.
In addition to annual inflationary cost increases, the following items were included in the FY 07
budget analysis:
. Sheriff Impacts- $3,228,850
· Sheritrs Deputies formerly grant funded - $1,728,550.
· Orangetree Substation staffing $ 1,145,800.
· Youth Relations Deputy (new school) - $ 354,500.
· Capital projects funding equals 0.3333 mills annually. ($20.9M in FY 07).
· Stormwater capital projects funding equivalent to 0.1500 mills annually. ($9.4M in FY 07).
· Increased General Fund support ofE~S - $1,072,000.
· Increased General Fund support of Road & Bridge - $978,200.
· Payment to Naples CRA - $200,000.
· Allocated insurance - $400,000.
· Operational impacts of new facilities - $485,100.
FY08
Agenda Item No, '10A
March 8, 2005
Page 16 of 30
The projected General Fund millage rate is 3.9197 or $391.97 per $100,000 of taxable value. This
represents a decrease of$13.04 per $100,000 of taxable value.
In addition to the inflationary costs of existing services, the following items were included in the FY
08 budget analysis:
· Sheriff Impacts - $2,342,900
· Sheriff's Deputies fonnerly grant funded - $ 960,700.
· Orangetree Substation staffing- $ 1,145,800.
· Youth Relations Deputy (new school) - $ 236,400.
· Capital projects funding equals 0.3333 mills annually. ($22.7M in FY 08).
· Stonnwater capital projects funding equivalent to 0.1500 mills annually. ($ 1 O.2M in FY 08).
· Increased General Fund support of EMS - $943,500.
· Allocated insurance - $400,000.
· Payment to Naples CRA - $200,000.
Summary and ImÐlications
The tax increases required in this model are based on the specific revenue and expenses assumptions
outlined in each scenario and not on specific FY 06 budget requests. The proposed expanded services
in the County Manager's Agency are associated with new facilities coming on-line.
Sheriff's Office staff indicated that estimated budgetary increases do not include investigators.
dispatch. validation. trainin2. or other SUpDort staff that may be identified durin2 the budget Dfocess.
Jail staffing is a large component of the mandated costs included in the Sheriff's Office in FY 06. It
was noted that Corrections staffing would be reviewed prior to opening the expandedjail facility,
upon occupancy, and during transition to detennine any additional efficiencies/deficiencies. A
consultant is being retained with expertise in Corrections to verify the Sheriff's staffing needs. It
was further noted that the Sheriff's Office oroiection does not include expanded positions in the
Corrections area for FY 07 and FY 08. but there may be additional positions required.
However, the analytical model also assumes that all services provided cummtly will be funded in FY
06 - FY 08.
Agenda Item No. 10A
March 8, 2005
Page 17 of 30
Unincorporated Area General Fund (111)
Results of Unincorporated Area General Fund Analvsis
In this analysis, the following expense assumptions were used: forecast 96% of budgeted
appropriations for operating divisions and 100% of budgeted transfers. Assumptions were as follows
in tenns of increasing value of property in the unincorporated area: FY 06 - 12%, FY 07 -11 %, and
FY 08 - 10%. This is one percent higher per year than the asswnptions used in the General Fund
analysis, as p property value in the unincorporated area are now rising faster than for the County as a
whole.
The implications for future year millage rates required to fund the Msm General Fund (111) budgets
developed in this analysis are as follows:
FY 05 Adopted and Inc. (Dec.) per
Unincorporated Proj ected Millage $100,000
General Fund Rates Taxable Value
FY05 0.8069 $0.00
FY06 0.8545 $4.76
FY07 0.8258 ($2.87)
FY08 0.8125 ($1.33)
FY06
The FY 06 budget projection includes annual inflationary cost increase of existing services, plus
increased costs oflandscaping (capital and maintenance) of $2,669,000.
The analysis projects a millage rate of 0.8545 in FY 06 or $85.45 per $100,000 of taxable value. Per
$100,000 of taxable value, residents in the unincorporated area would pay $4.76 more in
unincorporated area taxes in FY 06.
FY07
In FY 07, the projected millage rate is 0.8258 or $82.58 per $100,000 of taxable value; this is a
decrease of $2.87 per $100,000 of taxable value. In addition to annual inflationary cost increases, the
analysis includes $775,300 in increased landscaping costs (capital and maintenance).
FY08
Assuming a 10% increase in taxable value in FY 08, the projected millage rate is 0.8125. This
equates to $81.25 per $100,000 of taxable value or a decrease of$!.33 per $100,000 of taxable value.
In addition to annual inflationary cost increases, the analysis includes increased landscaping costs
(capital and maintenance) of$I,638,500.
Agenda Item NO.1 OA
March 8. 2005
Page 18 of 30
GeaenI hn4
AttadIm..t A FY 116 KeY.... ProJectlona
SHlIt Fa...... Bu4let oy. lae.I(Dee.) DoUar oy.
FY05 FY05 FY06 MI..... Rate latJDec Ch.a.f
Rn...:
Ad Valorem 199,356.500 191.938.800 232,604,900 5.4% 33,248,400 16.7%
Del. TaxeslDeed Sales 225.000 37,,000 :175,000 150.000 66.7%
Beach Parkins Fees 64S,OOO 64S,OOO 664,400 19.400 3.00/.
BeSS Contribution 1,000,000 1,000.000 1.000,000 0 0.0%
Sheriff Revenllel 0 0 0 0 nI.
P.I.L.T. 700.000 730.000 730,000 30.000 4.3%
Revenue Sharin¡ 7,680.700 8.000,000 8,100,000 419,300 S.5%
[nsl1rance Licenle 90,000 9S,OOO 100,000 10.000 11.1%
Federal Rel\1sc 65,000 6S,OOO 65,000 0 0.0%
Alcohol Tax 155,000 155,000 155.000 0 0.0%
0I1IOu Severance $0.000 55,000 55.000 S,OOO 10.0%
Miac. 67,700 167,700 167,700 100,000 147.7%
Slate Sale, Tax 27,089,500 28.589,500 29.696,100 2,606,600 9.6%
Court Fees 0 0 0 0 nI.
Colt ....lIocation 7,243,800 7,243,800 8.024,500 780,700 10.8%
FBMAlDCA 0 0 2,800.000 2.800,000 nil
EnIeT lT'ile Fund PII. T 2.839,800 2.839,800 3.114,100 274,300 9.7%
Dept. Revenues 7,102,200 6.96O,IS6 9S.0% 8.070.964 968,764 13.6%
Sublobll 254,310,200 248,859,756 295,722,664 41,412,464 16.3%
me 138,400 138,400 14S,320 6.920 S.O%
Comm. Dev. 111,100 111,100 116,655 5,555 5.0%
MSTD (111) 360,100 360,100 378,105 18.005 5.0%
Recordin¡ Fees (178) 190,300 190.300 199.815 9,515 5.0%
Motor Pool (522) 0 0 0 0 nla
Roedl (313) ISO,9OO 180,900 189,945 9,045 5.0%
R.evenua SbarÎ1I' (204) 0 0 0 0 nil
Pollution Con1r01 (114) 4.300 4,300 4,472 4,472 4.0%
Solid Wute (470) 25,400 2S ,400 26,416 1,016 4.0%
Utililiel (408) 282,100 282,100 293,384 11,Z84 4.0%
MIIIeIIIJI 59,100 59 ,800 59.800 0 0.0%
Total TnnIfcn 1,352,400 1 ,3 52,400 1,413.912 6S,812 4.5%
Ta.......:
Clerk Intenllt Baminp 9,735,200 11.500.000 10,500.000 764.800 7.9%
Tax Collector' 4,200,000 S,OOO,ooo 5.500,000 1,300,000 31.0%
Sherif!' 0 0 0 0 nil
Property AppraiIer lSO,ooo lSO,ooo 200,000 SO,OOO 33.3%
SuperviJor 200,000 200 ,000 200.000 0 0.0%
Total Tumbackl 14,285,200 16,850.000 16,400.000 2.114,800 14.8%
Carry Forward 41,910,900 50.098,600 38,463.213 (3,447.687) -8.2%
RefUnds 0 0 0 0 nI.
Revenue RelOl'Ve (l2,353,300) 0 (14.384,909) (2,031 ,609) 16.4%
TolaI RevenUCI 299.5~,400 317,160.756 337,614,900 38,113,780 12.7%
py ~ Rev. 317,160,756
FY ~ Exp. 278,697 ,543
Net 06 CF 38.463,213
--_.~,..",..,,,
Agenda Item NO.1 OA
March 8, 2005
Page 19 of 30
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Agenda Item No.1 OA
March 8, 2005
Page 20 of 30
AttacJa.... A G..WIII .....
FY 01 Re¥..ue Pro......
..dpt Fe.... ......... % 11ICoI(Dec.) Del.... p~
FYN I'YK I'Y" MI.... Rate laeIDec CIIa..
ae.._1
Ad V.lomn 232,604,900 224,812,636 '606"' 253,$05,800 .0.9% 20,900,900 9.0%
De\. TIXCIIDocd SalOl 375,000 375,000 375,000 0 0.0%
BelIch hrkina Feet 664,400 664,400 684,300 19.900 3.0%
BCBB Contribution 1 fHJ'ooo 1,000.000 1.000,000 0 0.0%
Sherin'Røven_ 0 0 0 0 ilia
P.I.LT. 730,000 730.000 730,000 0 0.0%
R.ewnuc Sbariq 8.100,000 8,100.000 8.424,000 324.000 4.0%
IIIIIInIICt LiomH 100,000 100.000 100.000 0 0.0%
FecIcta1 Reft¡¡e 65.000 65,000 65,000 0 0.0%
Alcohol TIX 155,000 155,000 115,000 0 0.0%
OIvo. Severance 55,000 55.000 55.000 0 0.0%
MÎIC. 167,700 167,700 167,700 0 0.0%
S1ate Sa10l TIX 29.696.100 29.696,100 31 ,210,400 1,.584,300 5.3%
Court p_ O 0 0 0 nI.
Colt Aliocadon 8,024,500 8.024,500 8,265,200 240.700 3.0%
FEMAIDCA 2,800,000 2.800,000 2.800,000 0 0.0%
Earerpri. Fund PIL T 3,114,100 3.114,100 3.4ZS,.500 31\.400 10.0%
Dept. Revenues 8,070.964 7.909.545 91.0% 9,237,300 1,166,336 14.$%
Subtolll 2ts,722,664 287 ,768.980 320,270,200 24.547,.536 8.3%
me 145,320 145,320 154,000 8,680 6.0%
Comm. Dev. 116,655 116,655 122,.500 5.845 5.0%
MSTD (111) 378.105 378,105 397 .000 18.8ts 5.0%
ReconSinl F_ (178) 199,815 199,815 199,815 0 0.0%
Motor Pool (522) 0 0 0 0 nI.
Roads (313) 189,945 189,945 189.945 0 0.0%
R.ewnue Sh8rinI (2Ort) 0 0 0 0 nI.
Pollution Coaùol (114) 4,472 4,472 4,472 0 0.0%
Solid Wute (470) 26,416 26,416 26,416 0 0.0%
UdlidOl (408) 293,314 293,314 308,100 14,716 5.0%
M..-n 59.aoo 59.800 59.800 0 0.0%
Total TfInIÍOrI 1,413.912 1,413.912 1,462,048 ....136 3.4%
TlIII1b1cU:
aerie meerut Blminp 10,500,000 10,500,000 10,.500,000 0 0.0%
Tax Collector 5.500.000 5,500,000 5,500.000 0 0.0%
Sheriff' 0 0 0 0 nI.
Property Appraillr 200,000 200,000 200,000 0 0.0%
SUplllViIor 200,000 200.000 200,000 0 0.0%
Total Tumblcb 16,400.000 16.400.000 16,400,000 0 0.0%
CIrry Forward 38.463,213 38,463.213 22,946,403 (1',.516,810) 040.3%
Rafunds 0 0 0 0 nla
Ilevenue ~ (14,384.909) 0 (15.600,248) (1,215,339) 8.4%
Total R.evenUOl 337,614,900 344,046.105 345,478,364 7,863,524 2.3%
FYO, Rev. 344,046.105
FY 05 Exp. 321,099.702
Net 06 CF 22,946,403
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, Agenda Item No, 10A
March 8, 2005
Page 21 of 30
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Agenda Item No. 10A
March 8, 2005
Page 22 of 30
AUaebmlllt A Geatrlll had
JY 08 an..u. ProJ......
Buclpt F_ut ProJeedoll % IneJ(Dec.) DoUu ...-t
FY07 FY07 FYOI MDI... .... IndD. Chnl'
R_...:
Ad Valorem 253,505,800 24',013,3'6 '6.65% 267,398,400 -3.2% 13,892.600 5.5%
Det. TaxuIDeed SaIeI 375,000 375,000 375,000 0 0.0%
Beach l'Ir1cina Fee. 684.300 684,300 704,829 20,529 3.0%
BCSS Contribution 1,000.000 1,000,000 1,000,000 0 0.0%
Sheriff'Revenue. 0 0 0 0 nla
P.I.L.T. 730,000 730,000 710,000 (20.000) -2.7%
Revenue Sharlnl 8,424,000 8,424,000 8,760,9fj() 336,!160 4.0%
IrIIImuIce Lic:eue 100.000 100,000 100,000 0 0.0%
Federal Refup 6',000 65,000 65,000 0 0.0%
Alcohol Tax 155,000 155,000 155,000 0 0.0%
0i1lGu Scveranc:e 55,000 55,000 55,000 0 0.0%
[nterelt 167,700 167,700 167,700 0 0.0%
Slate Sales Tax 31 ,280,400 31,280,.400 32,795,400 1,515,000 4.8%
CounFea 0 0 0 0 nla
Cest AIIocaûon 8,265,200 8,265,200 8,513,200 248,000 3.0%
Race Track 2,800,000 2,800,000 2,800,000 0 0.0%
EntcIpriIC Fund PIL T 3,425,500 3,425,500 3,768,100 342,600 10.0%
Dcpt Revenues 9,237,300 9.052,554 98.0% 10.080.600 843,300 9.1%
Subtotal 320,270,200 311,593,010 337,449.189 17.178,989 5.4%
TDC 154,000 1 5<4.000 161,700 7,700 5.0%
Conan. [)ey. 122,500 122,500 128,600 6,100 5.0%
MSTD (Ill) 397.000 397.000 416,900 19,900 5.0%
RI:cordinS Fea (178) 199,815 199,815 199.815 0 0.0%
Motor Pool (522) 0 0 0 0 nla
RoadI (313) 189,945 189,945 189,945 0 0.0%
Revenue Sharinl (204) 0 0 0 0 nla
Pollution Control (114) 4,472 4,472 4,472 0 0.0%
Solid Waste (470) 26,416 26,416 26,416 0 0.0%
Utillåcl (408) 308.100 308,100 323,500 15,400 5.0%
Muaeum 59,800 59,800 59.800 0 0.0%
Total TrmIfen 1.462,048 1,462,048 1,511,148 41,400 3.4%
....nbeelll:
Clerk Interest I!8minp 10,500,000 10,500,000 10-'00.000 0 0.0%
Tax Collector 5,500,000 5,500,000 5,500,000 0 0.0%
Sberift" 0 0 0 0 nla
PnJperty Appraíacr 200,000 200,000 200.000 0 0.0%
SupervilOl' 200.000 200.000 200.000 0 0.0%
Total Tumblckl 16,400.000 16,400,000 16,400,000 0 0.0%
CIITY Forward 22.946,403 22.946,403 23,397 ,461 451.058 2.0%
Refunds 0 0 0 0 Dla
Revenue Raave (15,600,248) 0 (16.446,798) (846,5$0) 5.4%
Total RevenUCII 345.478,403 352,401,461 362.310.980 16,824,897 4.9%
FY 05 Rev. 352,401,461
FY 05 Exp. 329,004,000
Net 06 CF 23,397,461
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Agenda Item No. 10A
March 8. 2005
Page 23 of 30
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March 8. 2005
Page 24 of 30
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Agenda Item No.1 OA
March 8, 2005
Page 25 of 30
..
AäIc~ C
.... Tax Debt ServIce
,.... (1tS)
n-r Y_IOO6 .......
fVO$ fY05 FY06 FY06 N06 %
Adopted ForICIIIl c:urr..t EapoMod T_I Bu4aeI
~UIIiI lIadIM< I!xaIRev Scrvioo SoMao ..... 0..-.
Deb! StMco 6.195,300 6.195.300 6,1!1!1'- 0 6,I!I!I'- 0.1%
CIob Flow aacm 2,424,500 0 2,$31,300 0 2,531,300 404%
N.... DellI ServIce 0 0 0 0 0 NJA
TGIIII Á I IIV IriIIiO 8,'I~,1OO 6, 195,300 1.731,200 0 "'/31,200 1.3%
~
Salol T.,. 2,164.700 %,164.700 2,964,SOO 0 2,964,500 36.N
~--I'-.~ 100.000 100.000 100,000 0 100.000 0.0%
CIny F""""¡ 3.090.100 3.090.100 2.'37,700 0 2,$37.700 -17.9%
TfIIIIIft:r (001) 1.143.100 1.143,800 1.045.700 0 1,045.700 ".6%
TrIIIIIer (113) 210.900 210.900 281,200 0 211,200 0.1%
Tnufir(3ll) 1.953,$00 1.~n,500 1,955,300 0 1,955.300 0.1%
80M PrDcoeda 0 0 0 0 0 NJA
aev- a-ve (113,200) 0 ( 153,200) 0 (153,200) 35.3%
ToIII It.- 8,61~,800 1,733,000 1,73I.zoo 0 1.731,200 1.3%
.... TIs'Ðe1M........
hId (115)
noc.I V.r JOI'7 ...
FV06 FY06 FY07 fY07 fY07 %
........... 1'- Cumst I!xpMdod Toc.I BudpI
~UaII øa.. J!DIIay s.mœ s.mce .....- r...._
Doll! s.m... 6,I!I!I.9OO 6.I!I!I,9OO 6.....'SOO 0 6,114,500 ~.2%
CIllo Flow ...". 2,531,300 0 2.584.700 0 2.584.700 2.1%
New Doll! SIrvIcc 0 0 0 0 0 NIA
Toc.I Ap IrIpÑIiGDI 1,731.200 6,I!I!I.9OO 1,769,200 0 1,7e9,200 0.4%
..aa-:
SIleo Till 2,964,$00 2,964,soo 2.150.000 0 2.150,000 ·3.9%
~--- 100.000 100,000 100.000 0 100.000 0.0%
c.ø,. F-..J 2,537,700 2,537.700 2,6I4,soo 0 2,684,$00 5.1%
T....(CIII) 1,045.700 1.045.700 1.00,700 0 1,045,700 0.0%
T..... (113) 311,200 211,200 211,200 0 211,200 0.0%
n.dIr(3ll) 1,955.300 1J15UCII 1.955,300 0 1-"5,300 0.0%
ao.r ........... 0 0 0 0 0 NIA
-- (153,200) 0 (147,500) 0 (147,500) ·3.7'16
TaII!__ 1,731,200 '''''.400 1.7e9,200 0 1,769,200 0.4%
.... Tax Ðe1M s.mu
rud(21S)
,.... V.r 2001.......
FY07 FY07 FYOI FVOI FYOI %
..... 1'- c- ~ Total BucIpt
~UIÙI B.... I!xøIart ServIce StMco Budat 0.-
Dell! Servioe 6.184,500 6.II4,SOO 6,117.900 0 6,187,900 0.1%
Cull Plow ...... 2,$14,700 0 2,646,500 0 2.646,500 204%
New Debt SIllYÌlOl 0 0 0 0 () NJA
TGIIII ApproprioIiœa 1.769,200 6.1....500 8.834,400 0 1.834,400 0.7%
...BÐD\Iu¡
S" Tax 2,850.000 2,150.000 .2,870,100 0 .2,870,800 0.7%
~Jtnauc ICII.OOO 100,000 100,000 0 100.000 O.D'l'o
Cary 1'...-.1 2,614.soo Z,684.SOO 2,7)2,200 0 2.'/32,200 1.1%
n.dIr(CIII) 1.045.700 1.045.700 1.045.700 0 1.045.700 0.0%
,.,...,.. (113) 211.200 281,200 280.900 0 280.900 ~.I%
T....(311) 1.955,300 1.955,300 1.953.300 0 1.953,300 ~.I%
80Dd -. 0 0 () 0 0 MIA
---- (147 ,SOO) 0 (148,500) 0 ( 48,$OO) 0.7%
TocaI ......... 1.769,200 1.916.700 1,834.400 0 1,134,400 0.7%
Agenda Item No. 10A
March 8, 2005
Page 26 of 30
AItacII...c C(I)
SaIII Tu DIIIt .....Ict
Fuel (21')
FIIc~ Year 200Ci BIICIpt
FY05 FY05 FY06 FY06 FY06 %
Adopted Fo**, CumnI Expanded Total Bud¡et
AIIaroDriIdon Ullil Budøt ExoiReY ServIct Slrvicl Bud... C1Iao&e
Debt ServiCII 4,496,100 4,496.100 4,485,200 0 4,415,200 .0.2%
Debt Serviœ RcIerve 0 0 0 0 0 NIA
TolaI Appropriation. 4,496,100 4,496,100 4,485,200 0 4,485,200 .0.2%
Revenues:
Mile. ~ J,600 1.600 500 0 SOO -68.8%
Clnyl'orwvd 110,100 110,100 0 0 0 -100.0%
Tl'llllfer (00 I) 1,197.200 1,797,200 1,861,~ 0 1,862,600 1.3%
TnnIfer (113) 147,700 247,700 254,400 0 254,400 1.1%
TrIIIIfer (346) 643,100 643,100 657,400 0 657,400 2.2%
TnnIfer (350) 13.500 13.500 13,800 0 13,800 2.2%
Tnnarar (355) 465,500 46S,s00 474,100 0 474,100 1.8%
T_fIr (390) 217,400 217,400 222,.eoo 0 :t22,400 2.3%
Total ~ 4,496,100 4,496,100 4....5,200 0 4.485,200 -0.2%
SùlTuDtIltSlr¥lll
'.114 (21')
PlIcal Y... Z08'7 ......
FY06 FY06 FY07 FY07 FY07 %
Adopted Fo_ Cumnt Ex llllCled TDIaI BucIpI
AlIIInIOriarion Unit Buc\øI ExoiReY 5erIioe SlrvIGe BudaeI CIIInø
Debt Service 4,415.200 4.415,200 4.414,600 0 4,484,600 0.0%
Debt Service R.eserv, 0 0 0 0 0 N/'"
ToIaI AppropriatiOlll 4,485.200 4,415,200 4.414,600 0 4.484.600 0.0%
RaveltIlM·
Mile. Rev_ 500 500 0 0 0 -100.0%
CanyfIIfWIId 0 0 0 0 0 NtA
T_r...(OOI) 2,862,600 1,862,600 2,862,600 0 2,862,600 0.0%
,.,..... (113) 1S4.4OO 254,400 254,300 0 254.300 0.0%
T_fIr (346) 657,400 657,400 657.400 0 657,400 0.0%
T_1IIr (350) 13,100 13.800 13,900 0 13,900 0.7%
TI'IIII'" (35~ 474,100 474,100 474.000 0 474.000 0.0%
T....... (390) 222..eoo 212,400 212,400 0 222,400 0.0%
Total RevenUOll 4.485,200 4,485,200 4,~600 0 4,484,600 0.0%
SaI8I Tu DIbC IIen1ce
'.1Id (210)
PIKII V... 2OtI.....t
FY07 FY07 FYOI FYOS FYOS %
Adopted Forecut Curr8lt Explll1dad ToIai Bud¡«
AllPropriationl1nlt Budpt EaDlRev Service s.mc. Bud.nt CIIInø
Debt Service 4,414,600 4.484,600 3.823,600 0 3,823,600 -14.7%
Debt Serviee R.eserve 0 0 0 0 0 NIA
Total AppopriIlÛOnl 4,414,600 4.484,600 3.123,600 0 3,813.600 .14.7%
Raven...:
Mile. Re\ocnue 0 0 0 0 0 NIA
C8ny1'orwvd 0 0 0 0 0 NIA
TI'ItIIJ'II'(ool) 1,861,600 2,86%.600 1,159.900 0 1,159,900 .0.1%
Tnnlrll' (113) 2S4.300 254,300 154,200 0 254,200 0.0%
Tl'llllfer (346) 657,400 657,400 0 0 0 -100.0%
Trlnflllr (350) 13.900 13,900 13,700 0 13,700 .1.4%
Transfer (355) 474.000 474,000 473.600 0 473,600 .0.1%
TI'WIIfer (390) 222,400 122,400 221,200 0 222,200 .0.1%
Tow a,venUOll 4,484.600 4,414,600 3,823,600 0 3,823,600 -14.7%
, -
Agenda Item No. 10A
March 8, 2005
Page 27 of 30
AItå_ D
Emerauey Medical ServIces
hid (4PO)
FV 06 ....
FYOS PYO, FY06 FY06 FY06 %
AdapIecI F_ Cumoat P.x llllded TOIl! ø.....
A---., UDit ø....... P.xolbv SorvIao Service ø..... 0.-
"-1Semœs 14.036.700 14.036.700 14.12".00 4%5.000 1',2$4,100 I.'"
Opencin¡ e."..... %.118.400 %.118,400 ¡,273,700 30,000 %,303,700 U%
Capital Outlay 127.700 127.700 1%7,700 0 127,700 0.0%
Trasren 16,200 16,%00 16.200 0 16,200 0.0%
RNorva 1,217,600 0 .55,ZOO 2.%,100 171.000 -27.9%
ToIIlAppoopriatioM 17,586,600 16,369,000 11.102,600 477,100 18.510,400 ,.".
J!.ISIIU
AmbuIoIIco ,.. 6.710,200 '6.374,690 6,P7I,6OO 0 6,971.600 4.0%
Prior Y... Re_ o 0 0 0 0 N/II
T....... Gca1 Fund 10.919.900 10.919,900 IO,~7,510 477.100 10,94U10 0.2%
l-uMioc. 0 0 0 0 0 NIA
c...y Forwlld 29%,000 79,100 1,00'.390 0 1,005.390 %44.3%
~~ (335.500) 0 (341,900) 0 (341.900) 4.0%
- -
Total ~ 11,586,600 11,314,390 11,10%,600 477.100 11,510,400 '.1%
Eme....ey Medlnl Services
hDd (490)
FV 01.....
FY06 fY06 FY01 PV07 FY07 %
AdapIecI F_ e.... ExpoDdod ToIaI -..
A___UDit Bud.. Exp/Rav SeMco SIrvioo BuIIIoI n.-
r.-I Sorvica 15,254,800 15,254,100 15,I6J.000 442,000 16,307,000 6.'"
~E....- 2,303,700 2,303,700 2,3n.1OO 30,900 2,403.700 43%
CapbJ 0IØy 127.100 127.700 1%7.700 0 127.700 0.0%
TrMdoø 16.%00 16,%00 16,%00 0 16,200 0.0%
-- m.ooo 0 911.900 23,600 935,500 6-'%
T....l AppooprioIioas 11.580.400 17.70%.400 19,293,d00 496,500 19,'790,100 U%
ßmIIIIa
An1IruIoaœ F_ 6,971.600 6,629,610 7.251.700 0 7,2$7,700 '.0%
Prior V_ tt.ww... 0 0 0 0 0 HIli
T..... Gca, F"'¡ 10,94'.310 10."'.310 II ,520.130 496,500 12.017,330 9.1%
I~¡'" 0 0 0 0 0 HlA
Cony F-...I 1.005,390 I,ooUIlO 171.9'70 0 171.910 -12.1%
Rev_~ (341.IlOO) 0 (362,IlOO) 0 ()Q.IIOO) 4.0%
rotaJ~ 11,580,400 11.510.370 ~ 496,500 19.7110,100 6.5%
Em....ency Medkal Servk:.
PUDd (4'0)
FY 01 .1Id",
FYf11 FY07 FYOI fYOI 'VOl %
Ado oeod ,- CuInøt !&peacIed Total Budpt
~Uail \I4odp< Exp/Rev Servloe IIorvIoo 8ud8oI "'--
...._1 Services 16,307,000 16,307.000 16.959,300 459.700 17.4".000 6.1%
OpenIiD.1!xpeDIa %.403.700 %'403.700 2..",100 31,100 2.'07.600 4.3%
CoptIaI OuIIay 127.700 127.700 127.700 0 1%7,700 0.0%
T......... 16,200 16.200 16.200 0 16.200 0.0%
Ra«v.. 93',500 0 971.100 24.600 996.400 6.5%
Total Apprqoriatioos 19.7110.100 18,15-4.600 20,"0,100 '16.100 21,066,900 6.5%
&mauø
AIIIbuI8aco F_ 7,251.700 6.194.'15 7,541,000 0 7,5",000 4.0%
PriarY_IlOYerule 0 0 0 0 0 N/A
r.... 0eD'1 p,.,.¡ 12,011.330 1 z.o 1 7.330 12.......158$ '16.100 12.960,715 7.9%
InœreotIMioc. 0 0 0 0 0 W/A
Carry F_d 871.970 871 ,<no 935,5 I' 0 93$.m 6.6%
~ R..vc (362.IlOO) 0 (317.400) 0 (371,400) ..0%
TocaI 110__ 19.1110.100 19.7110,115 20.'50.100 516,100 21.066.IlOO 6.5%
""1
Agenda Item No.1 OA
March 8, 2005
Page 28 of 30
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Agenda Item No. 10A
March 8, 2005
Page 29 of 30
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---
Agenda Item No. 10A
March 8, 2005
Page 30 of 30
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
Meeting Date
10A
Recommendation to adopt FY06 Budget Policy.
3/8/2005 9:00:00 AM
Approved By
OMB Coordinator
Administrative Assistant
Data
County Managar's Office
Office of Management & Budget
2/11/200511:29 AM
Approved By
Michael Smykowskl
Management & Budget Director
Office of Management & Budget
Data
County Manager's Office
312/20058:09 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Data
County Manager'. Office
3/212005 9:29 AM
Agenda Item No.1 OB
March 8, 2005
Page 1 of 19
EXECUTIVE SUMMARY
To Review the Written and Oral Reports of the Advisory Boards and Committees
Scheduled for Review in 2005 in Accordance with Ordinance No. 2001-55, including the
Bayshore Beautit1cation MSTU Advisory Committee, Lely Golf Estates Beautification
Advisory Committee, Radio Road Beautification Advisory Committee, Vanderbilt
Beach Beautification MSTU Advisory Committee, Bayshore/Gateway Triangle Local
Redevelopment Advisory Board, and the Golden Gate Estates Land Trust Advisory
Committee
OBJECTIVE: To determine if existing advisory boards and committees continue to address
the issues they were created for, continue to warrant the time and func:ling required to retain
them, and whether any adjustments are necessary.
CONSIDERATIONS: Ordinance No. 2001-55 was created to provide a regular mechanism
for the Board of County Commissioners to review all existing advisory boards every fourth
year. There is a rotating schedule provided for within the ordinance that dictates which
boards are to be reviewed in any given year. In 2005, eleven (11) advisory boards are
scheduled for review, of which the first six (6) will be presented at the March 8, 2005 Board
meeting, with the remaining five (5) to be presented at the March 22, 2005 Board meeting.
The six Advisory Committees up for review are listed below in the order of presentation:
Bayshore Beautification MSTU Advisory Committee
Lely Golf Estates Beautification Advisory Committee
Radio Road Beautification Advisory Committee
Vanderbilt Beach Beautification MSTU Advisory Committee
Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Golden Gate Estates Land Trust Advisory
Each board Chair provides to the County Manager a written report (copies attached) that
answers specific questions provided for within the orc:linance. Staff comments, if applicable,
are also included in each report. In addition, the orc:linance calls for each board to make an
oral presentation to the County Commission during March of the year in which they are to be
reviewed.
FISCAL IMPACT: In most cases the boards scheduled for review require only the staff
time needed to attend, prepare back up infonnation, minutes and any additional infonnation
required by committee members. At' a minimum, an advisory board will nonnally cost $2,000
annually. However, for staff intensive boards with significant back up requirements such as
the Planning Commission, the cost to the County may be as much as $50,000 to $65,000
annually in staff time, copying charges, minutes and other expenses.
,-
Agenda Item No. 108
March 8, 2005
Page 2 of 19
GROWTH MANAGEMENT IMP ACT: There is no direct Growth Management impact
associated with this item.
RECOMMENDATION: That the Board of County Commissioners review the written
reports and oral presentations of the boards and committees scheduled for review in 2005, and
if applicable, direct any revisions necessary to have these committees function as efficiently
and effectively as possible.
PREPARED BY: Winona Stone, Assistant to the County Manager
-
Item Number
Item Summary
Meeting Date
Approved By
Leo E. Oche, Jr.
Board of County
Commissioners
Agenda Item No, 108
March 8, 2005
Page 3 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1DB
This item to be heard at 9:3D a.m. Recommendation to review the written and oral reports of
the Advisory Boards and Committees scheduled for review in 2DD5 in accordance with
Ordinance No. 20D1·55, including the Bayshore Beautification MSTU Advisory Committee,
Lely Golf Estates Beautification Advisory Committee, Radio Road Beautification Advisory
Committee, Vanderbilt Beach Beautification MSTU Advisory Committee, Bayshore/Gateway
Triangle Local Redevelopment Advisory Board, and the Golden Gate Estates Land Trust
Advisory Committee.
3/8/20059:00:00 AM
Deputy County Manager
Date
County Manager's Office
2/26/2005 11 :40 PM
Agenda Item No. 108
March 8, 2005
Page 4 of 19 -
ADVISORY COMMITTEEIBOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2005
A. ADVISORY COMMITTEE: Bayshore Beautification MSTU Advisory
Committee
lB.
I C.
I D.
IE.
IF.
I G:
I H.
CHAIRMAN:
I Bill Neal
STAFF LIAISON: I Darryl Richard and Liz De Leon
STAFF AGENCY: I ATM Department, Transportation Services Division
AUTHORITY: Ordinance No.97-82 was amended, new Ordinance 98-:-291
SUBMITTAL DATE: I January 21,2005
FY OS REVIEW DATE: I March 8, 2005
LAST BCC REVIEW DATE: I March 13, 2001
I.
SUMMARY:
Collier County adopted Ordinance 97-82, which created the
Bayshore Beautification MSTU committee for roadway
improvements within the MSTU boundaries. The ordinance
was amended in 1998 twice and was repealed and replaced by
Ordinance 98-29 on April 20, 1998.
The Committee is composed of 5 members. The members are
volunteers that apply to serve in the committee. They are
appointed by the BCC for a two to four year tenn. The
applicants must live within the boundaries of the MSTU.
1. Whether the CommitteelBoard is serving the purpose for which it was
created.
The Bayshore Beautification MSTU Advisory Board does serve the pwpose it was created
for both to the community and the BCC.
2.
Whether the Board is ade
current communi needs.
Through this board we have identified projects that serve the needs of the community and
are always lookin into different wa s to enhance the communi .
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Agenda Item No.1 DB
March 8, 2005
Page 5 of 19
3. List the Board's major accompUshments for the preceding 12-month
period.
One of our major projects was the completion of the Haldenman Bridge. The Bayshore
MSTU Advisory Committee has paid to maintain the medians and ROW in the Bayshore
MSTU boundaries. We have purchased banners to enhance our community. We are in
the process of paying for four new CAT bus shelters in high rider ship stops along
Bayshore Drive. We review plans for turn lanes and any enhancements going on
Bayshore.
4. Whether there is any other Board or agency, either public or private,
which is serving or would better serve the purpose for which the
Board was created.
We believer the Bayshore MSTU Advisory Committee is the best way to represent the
taxpayers within the boundaries of this MSTU.
S. Whether the ordinance creating the Board should be amended to
allow the Board to more adequately serve the purpose for which it
was created.
At this time the Ordinance No. 98-29 does not need to be amended.
6. Whether the Board's membership requirements should be modified.
The membership requirements do not need to be modified at this time.
7. The cost, both direct and indirect, of maintainin the Board.
The Bayshore MSTU Advisory Board has on staff two county staff liaisons. We also pay
Man wer for secretarial services.
J:
ADDITIONAL BOARD/COMMITIEE COMMENTS:
I
We have received excellent cooperation from our county staff liaisons; Bob Petersen and
Liz De Leon and their department.
K: STAFF COMMENTS:
I agree with the infonnation presented.
Don Scott, Planning Director on behalf of Nonnan Feder.
-
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Agenda Item NO.1 08
March 8, 2005
Page 6 of 19
ADVISORY COMMITTEEIBOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2005
A. ADVISORY COMMITIEE: Lely Golf Estates Beautification MSTU
Adviso Committee
lB.
Ie.
I D.
IE.
IF.
I G:
I H.
CHAIRMAN:
I Robert Slebodnik
STAFF LIAISON: I Darryl Richard and Liz De Leon
STAFF AGENCY: I ATM Department, Transportation Services Division
AUTHORITY:
I Ordinance No. 91-104
SUBMITTAL DATE: I January 21,2005
FY OS REVIEW DATE: I March 8, 2005
LAST BCe REVIEW DATE: I March 13,2001
I.
Collier County adopted Ordinance 86-34, which created the
Lely Golf Estates Beautification MSTU committee for
roadway improvements within the MSTU boundaries. The
ordinance was amended in 1986 and 1987 and was repealed
and replaced by Ordinance 91-104 on November 26, 1991.
SUMMARY:
The Committee is composed of 5 members. The members are
volunteers that apply to serve in the committee. They are
appointed by the BCC for a two to four year tenn. The
applicants must live within the boundaries of the MSTU.
1. Whether the CommitteeIBoard is serving the purpose for which it was
created.
The Lely Golf Estates Beautification Advisory Board does fulfill its responsibilities to the
community and BCC.
2.
current communi needs.
During the past four years the board has identified projects to enhance the appearance of
the communit .
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Agenda Item No. 108
March 8, 2005
Page 7 of 19
3. List the Board's major accomplishments for the preceding 12-month
period.
A. During the past year the advisory committee renovated the irrigation
system and replanted all medians on Pebble Beach Blvd and Forrest
Hills.
B. In a joint venture with the Lely Civìc Association the front entry signs
at the US 41 and St. Andrews Blvd were modernized at a cost of
$20,600.00.
C. As a result of receiving a $8,000.00 grant from the Pathway
Committee, sidewalks were installed on both sides of the St. Andrews
Blvd. near the front entry (approx. 1000 ft.). This allowed us to
connect to the existing sidewalks, which ended at the foot of Pebble
Beach Blvd (another oversight of the Lely Development Corp. in
1960's).
D. During fiscal year 2004/2005 all medians on St. Andrews Blvd. will
receive a new irrigation system and then be replanted. This three year
project will end this year with a total expenditure in excess of
$200,000.00.
4. Whether there is any other Board or agency, either public or private,
which is serving or would better serve the purpose for which the
Board was created.
No, the Lely Golf Estates Beatification MSTU Advisory Board is the most appropriate
vehicle for resentin the a ers within the MSTU boun
s. Whether the ordinance creating the Board should be amended to
allow the Board to more adequately serve the purpose for which it
was created.
The enablin Ordinance No. 2001-24 does not need to be amended at this tìme.
6. Whether the Board's membershi re uirements should be modified.
The membershi re uirements do not need to be amended at this time.
7. The cost, both direct and indirect, of maintainin the Board.
The board members are not reìmbursed for personal expenses such as development of
film, printing cost, etc. The approved budget for fiscal year September 2004 to October
2005 was $278,400.00. Of this amount $23,000.00 is included as the indirect costs for
coun administrative e enses.
Page 2 of3
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Agenda Item No.1 OB
March 8, 2005
Page 8 of 19
J:
ADDITIONAL BOARD/COMMITIEE COMMENTS:
I
1. Our Advisory Board members would like to thank Ms. Diane Flagg, Mr. Robert
Petersen, Mrs. Liz De Leon, Mr. Val Prince and Mr. Andrew Vaniseak for their
assistance and support. In my opinion they are exemplary county employees.
2. The bidding process in the Purchasing Dept. needs to be streamlined. Our MSTU
was forced to take the lowest bidder on the landscape maintenance contract in
order to save $5,000.00. After six months on the job, the contractor was fired and
the MSTU incurred approximately $10,000.00 in repairing damages to the
irrigation system. This was a classic case of being penny wise and pound foolish.
3. We need help fÌ'om the Stonn Water Management Dept. When US 41 was
widened there was no provision in the design to catch the water coming fÌ'om US
41. This water pours into our community and contributes to an already existing
flooding problem. This flaw was called to their attention before the county signed
off on the project and it was ignored Everyone now passes the buck and the
flooding continues. This flooding at our US 41 entrance is a definite safety
hazard. County Commissioners we need your support in resolving this problem!
K. STAFF COMMENTS:
I agree with the infonnation presented.
Don Scott, Planning Director on behalf ofNonnan Feder
Page 3 00
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Agenda Item No. 108
March 8, 2005
Page 9 of 19
ADVISORY COMMITTEEIBOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2005
A. ADVISORY COMMITTEE: Radio Road Beautification MSTU Advisory
Committee
CHAIRMAN:
I Susan Saum
lB.
I C.
I D.
IE.
IF.
IG:
I H.
STAFF LIAISON: I Darryl Richard and Liz De Leon
STAFF AGENCY: I ATM Deparbnent, Transportation Services Division
AUTHORITY:
I Ordinance No. 97-52
SUBMITTAL DATE: I January 21,2005
FY OS REVIEW DATE: I March 8, 2005
LAST BCC REVIEW DATE: I March 13,2001
I.
SUMMARY:
Collier County adopted Ordinance 96-84, which created the
Radio Road Beautification MSTU committee for roadway
improvements within the MSTU boundaries. The ordinance
was amended in 1997 (Ordinance 97-52) on October 21,
1997.
The Committee is composed of 5 members. The members are
volunteers that apply to serve in the committee. They are
appointed by the BCC for a two to four year tenn. The
applicants must live within the boundaries of the MSTU.
1. Whether the CommitteelBoard is serving the purpose for which it was
created.
The Radio Road MSTU Advisory Committee does fulfill the purpose for which it was
created.
2.
current commun· needs.
The committee is continuously looking into new ways to serve the community.
Page 1 of2
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Agenda Item No. 108
March 8, 2005
Page 10 of 19
3. List the Board's major accomplishments for the preceding 12-month
period.
A. The Radio Road Beautification MSTU pays a maintenance contractor to maintain and
plant new landscaping in the medians and ROW. We also review plans for turn lanes.
Weare now in the process of paying for four CAT bus shelters in the high rider ship stops
along Radio Road.
4. Whether there is any other Board or agency, either public or private,
which is serving or would better serve the purpose for which the
Board was created.
No, the Radio Road MSTU Advisory Committee is the best representation of the
taxpayers in the boundaries of the MSTU.
5. Whether the ordinance creating the Board should be amended to
allow the Board to more adequately serve the purpose for which it
was created.
Ordinance No. 97-52 does not need to be amended at this time.
6. Whether the Board's membership requirements should be modified.
The board's membership requirements do not need to be modified at this time.
7. The cos both direct and indirec of maintainin the Board.
The approved budgeted amount for fiscal year 03-04 was $29,700.00 for maintaining the
board. We also pay a Manpower employee for secretarial services.
ADDITIONAL BOARD/COMMITTEE COMMENTS:
I
I J:
K: STAFF COMMENTS:
I agree with the information presented.
Don Scott, Planning Director on behalf ofNonnan Feder
Page 2 of2
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Agenda Item No. 10B
. March 8, 2005
Page 11 of 19
ADVISORY COMMITTEEIBOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2005
A. ADVISORY COMMITTEE: Vanderbilt Beach Beautification MSTU
Adviso Committee
CHAIRMAN:
I Dick Lydon
lB.
I C.
I D.
IE.
IF.
I G:
STAFF LIAISON: I Darryl Richard and Liz De Leon
STAFF AGENCY: I ATM Department, Transportation Services Division
AUTHORITY:
I Ordinance No. 2001-43
SUBMITTAL DATE: I January 21,2005, Revised February 25, 2005 (ScctionK.)
FY 05 REVIEW DATE: I March 8, 2005
H. LAST BCC REVIEW DATE: Could not detennine, ordinance replaced in
2001
I.
SUMMARY:
Collier County adopted Ordinance 2001-43, which created the
Vanderbilt Beach Beautification MSTU committee for
roadway improvements within the MSTIJ boundaries.
Committee is composed of 5 members. The members are
volunteers that apply to serve on the committee. They are
appointed by the BCC for a two to four year term. The
applicants must live within the boundaries of the MSTU.
1. Whether the CommitteelBoard is serving the purpose for which it was
created.
The Vanderbilt Beach Beatification MSTU Advisory Committee is serving the purpose
for which it was created.
2.
current communi needs.
The Vanderbilt Beach Beatification MSTIJ Advisory Committee is serving the
communit needs. Weare alwa s lookin into ro' ects that will benefit the communit .
Page 1 of3
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Agenda Item No. 108
March 8, 2005
Page12of19
3. List the Board's major accomplishments for the preceding 12-month
period.
The Vanderbilt Beach Beatification MSTU Advisory Committee had hired Wilson Miller
to help create a Master Plan for Vanderbilt Beach. After dealing with Wilson Miller and
hearing the responses from the community that they would like to bury their power lines
the MSTU decided to terminate the contract with Wilson Miller. They paid them for 63%
of the contract total amount of$53,836.00. The Vanderbilt MSTU also pays a
maintenance contractor to maintain the roadways in the MSTU boundaries.
4. Whether there is any other Board or agency, either public or private,
which is serving or would better serve the purpose for which the
Board was created.
No, the Vanderbilt Beach Beatification MSTU Advisory Committee is the best
representation for the taxpayers in the MSTU boundaries.
5. Whether the ordinance creating the Board should be amended to
anow the Board to more adequately serve the purpose for which it
was created.
Ordinance No. 2001-43 doesn't need to be amended at this time.
6. Whether the Board's membershi re uirements should be modified.
The Board's membership requirements do not need to be modified at this time.
7. The cost, both direct and indirect, of maintaining the Board.
The cost for maintaining this board was $23,510.00. We also pay a MaiIpower employee
for secretarial services.
J: ADDITIONAL BOARD/COMMITTEE COMMENTS:
1. Eliminate the Sunshine Law requirements from the MSTU's. The committee has
no power to spend taxpayers money-only to make recommendations. The ability
to communicate one on one would go a long way in shortening the meetings and
provide much wider use of talents than. the "sub-committee" system we have
established.
2. When you take all the "dressing" off an MSTU it is in place to let the BCC avoid
using ad valorem funds to do the things that should be done in neighborhoods.
The "extras" that the communit wants enerall more than 'ustified b the fact
Page: 2 of3
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~"""'''~'''''""","~""""""''''-''''''''''':;;;,"_.....;.,,,,,....',',,,,,..,,,..
Agenda Item No.1 OB
March 8, 2005
Page 13 of 19
that the upgrades provide an increase in the property values and thus an increase
in the ad valorem taxes collected. To the best of my knowledge there have been
NO capital expenditures in the Vanderbilt Beach MSTU area since the MSTU
was formed. Money presently allocated for sidewalks on Gulf Shore Drive and
the bridges on Vanderbilt Drive is coming from grants and not an ad valorem.
One begins to wonder just when, if ever, we will see any ROI of our tax money.
3. Charging the budget of the committee for the staff time and cost of minutes would
seem to be overkill. The same thing might be said for the fees being paid to the
tax collector and appraiser. I realize that this is "the way it is done" but I'm not
certain that makes it right. Each year the tax collector and sometimes the
appraiser returns money to the county general fund-we do not see any of that as
income in our budget! Why is that?
4. While the system is a long way ITom perfect it is workable. Perhaps a committee
made up of a member of each of the MSTU's around the county might get
together and try to come up with the changes that would work well for all
concerned.
K: STAFF COMMENTS:
The MSTU process has provided a good vehicle for areas to organize and fund
improvements for their specific area that exceed the service level ITom ad valorem taxing
that is being maintained at one of the lowest rates in the state. The assessment of
expenditures of other county revenues needs to be evaluated over a multi-year basis
commensurate to the various improvement costs and cycles. Imbalances will exist to the
perceived benefit or detriment of a particular area based on where cUITent projects have
been funded at any given point in time.
Norman Feder
Pa¡c 3 of3
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Agenda Item NO.1 OB
. March 8, 2005
Page 14 of 19
ADVISORY COMMITTEEIBOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2005
(print in IIppcrllower case, DO bold, and forward report to the attention of Winona Slone)
A.
ADVISORY COMMITTEE:
lB.
I c.
CHAIRMAN:
I Bill Neal
STAFF LIAISON: I Vacant (fonnerly D. Aaron Blair)
D. STAFF AGENCY: Collier County Community Redevelopment Agency
(CRA
IE.
I F~
I G:
I H.
AUTHORITY:
I Resolution No. 2001-98
SUBMITTAL DATE: I January 28, 2005
FY OS REVIEW DATE: I March 8, 2005
LAST BeC REVIEW DATE: I No prior review date, created March 2001
I.
SUMMARY:
Resolution 2000-83, adopted March 14, 2000, authorized the
creation of an advisory board to assist the CRA with the
implementation of the BayshoreJGateway Triangle
Redevelopment Plan. According to the bylaws adopted on
March 27,2001 by Resolution 2001-98, which created the
Bayshore/Gateway Triangle Local Redevelopment Advisory
Board, the Advisory Board serves as the primary source of
community input to the CRA staff and to the CRA itsel~; and
considers and makes recommendations to the CRA staff and
the CRA concerning the Redevelopment Plan, amendments to
the Redevelopment Plan, the redevelopment area work
program and priorities and their implementation. The
Advisory Board functions are advisory only, and the Board
shall be composed of citizens, property owners and business
owners or persons engaged in business in the Redevelopment
Area.
Regular meetings of the Redevelopment Advisory Board are
usually held on the first Tuesday of the month at 6 p.m. at the
office of the Bayshore/Gateway Triangle Redevelopment
Area, located at 2408 Linwood Avenue.
Page 1 of3
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,·"","'_",'¡;¡,r'''';~!I"__"",",,,,...,;·..,,..,..;,·,,,,,.
Agenda Item No.1 08
March 8, 2005
Page 15 of 19
The cWTent membership is composed of Chainnan Bill Neal,
Chuck Gunther, Ronald Fowle, Sharon King, Phil McCabe,
Michael Valentine, and William Mears. Presently there are
two vacancies on the Advisorv Board.
1. Whether the CommitteeIBoard is serving the purpose for which it was
created.
Yes. The Bayshore/Gateway Triangle Redevelopment Advisory Board has consistently
managed to execute projects and implement programs that meet the stated objectives of its
Redevelopment Plan.
2. Whether the Board is ade
Yes, as stated above.
current communi needs.
3. List the Board's major accomplishments for the preceding 12-month
oeriod.
· Ongoing dredging, of Haldeman Creek.
· Breaking ground of Botanical Place, a 200 + multifamily development containing
affordable housing units.
· Bayshore Arts Association's first annual "Invest in Bayshore" seminar.
. Haldeman Creek Arts Festival.
· Installation of sidewalks along Botanical Gardens.
· Engineering of Davis Boulevard streetlighting and landscaping of street at
intersections with Commercial Drive and US 41.
· Study and design of traffic calming devices on Linwood Avenue.
· Teardown of dilapidated structure on Van Buren and Bayshore Dr.
· Draft of Bayshore/Gateway Triangle comprehensive zoning overlay completed by
consulting firm of HDR, Inc.
· Numerous Site Improvement and Impact Fee Assistant Grants awarded.
· Opening of several businesses in the redevelopment area, such as Mangoes, Sona
Art Gallery and Bayshore Coffee Company.
4. Whether there is any other Board or agency, either public or private,
which is serving or would better serve the purpose for which the
Board was created.
I No.
Page 2 of3
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Agenda Item No. 10B
March 8, 2005
Page 16 of 19
5. Whether the ordinance creating the Board should be amended to
allow the Board to more adequately serve the purpose for which it
was created.
I No.
6.
Whether the Board's membership requirements should be modified.
I No.
7. The cost, both direct and indirect, of maintainine: the Board.
Direct and indirect costs associated with staff support and overhead costs (including
salary, benefits, conferences, photocopier, paper, computers, etc.)
ADDITIONAL BOARD/COMMITI'EE COMMENTS:
r
I J:
K. STAFF COMMENTS:
Because of the BayshorelGateway Triangle Local Redevelopment Advisory Board's
decision to separate from the County Community Development and Environmental
Services Division and become autonomous, staff does not feel that it is appropriate to
comment on the content of the Committee's report.
Page 3 00
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Agenda Item No.1 08
March 8, 2005
Page 17 of 19
ADVISORY COMMITTEEIBOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2005
(print in upper/lower case, no bold, forward report to the attention of Winona Stone)
I A.
lB.
I C.
ADVISORY COMMITTEE: I Golden Gate Estates Land Trust Committee
CHAIRMAN:
I Charles VanGelder
STAFF LIAISON: I Toni A. Mott
D. STAFF AGENCY: Real Estate Services Department, Administrative Services
Division
IE.
IF.
I G:
IH.
AUTHORITY:
I Ordinance No. 87-48, as amended
SUBMITTAL DATE: I January 14, 2004
FY OS REVIEW DATE: I March 8, 2005
LAST BCC REVIEW DATE: I March 13,2001
I.
SUMMARY:
The Golden Gate Estates Land Trust Committee was
established pursuant to Ordinance No. 87-48, as amended, for
the pwposes of aiding and assisting the Board of County
Commissioners in carrying out the requirements, conditions,
and various provisions of an Agreement, dated November 15,
1983, (1983 Agreement), between Collier County and Avatar
Properties Inc., f/k/a GAC Properties Inc. The Agreement
provided for the dedication of 1.061 acres of property to
Collier County. The Agreement outlined certain criteria for
which the land and proceeds from the sale of land be utilized.
The Golden Gate Estates Land Trust Committee was also
established to advise the Board of County Commissioners as
to specific governmental facilities recommended to be
provided on the lands deeded in accordance with the 1983
Agreement; to propose marketing programs for the sale of
those lands; and set priorities and monitor expenditures from
the trust fund (GAC Land Trust) established by the Board of
County Commissioners wherein revenues from the sale of
property are deposited.
The Committee is composed of 5 members. The members are
Pagc 1 of3
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Agenda Item No. 108
March 8, 2005
Page 18 of 19
appointed by resolution of the Board of County
Commissioners for a four-year term and shall be pennanent
residents and electors of the Golden Gate Estates area.
Committee meetings are held on the fourth Monday of every
other month at 7 p.m. at Fire Station 71 located on Golden
Gate Boulevard.
The current membership is composed of Chairman. Charles
VanGelder, Vice-Chairman Stephen Greenberg, Karen
A uard and Jeffie Curl. There is currently one vacanc .
1. Whether the CommitteeIBoard is serving the purpose for which it was
created.
With the assistance of the Real Estate Services Department, the Committee is best serving
the ose for which it was created.
3. List the Board's major accomplishments for the preceding 12-month
period.
1. A total of $102,917 for the purchase of playground equipment and sunscreens
to be utilized at the Sabal Palm Elementary School.
2. A total of $84,055 for the purchase of a Fire Safety House and Tow Vehicle for
utilization by the Golden Gate Fire District to teach fire safety and disaster
preparedness to residents of Golden Gate Estates.
3. A total of $50,000 to purchase fitness equipment for the new community
center at Max A. Hasse Community Park.
Other recent projects have included: providing funds for the purchase of a water tanker
for the Golden Gate Fire Control & Rescue District; providing funds for the purchase of
personal protection equipment for the Big Corkscrew Island Fire Control & Rescue
District; provide the transfer of acreage to the Collier County School District to assist in
the assemblage of acreage to enable the construction of the Sabal Palm Elementary
School located in Golden Gate Estates.
4. Whether there is any other Board or agency, either public or private,
which is serving or would better serve the purpose for which the
Board was created.
There is currently no other existing Board or agency, either public or private that would
better serve the ose for which the Committee was created.
Page 2 on
CM: Winona's folder! FY 05!4 year review! report template
"',,""'",",,~,,"",......,¡¡¡¡e~_"+"""''''"J.''W'''''''''_;.'''>¡'···'
Agenda Item No. 108
March 8, 2005
. Page 19 of 19
5. Whether the ordinance creating the Board should be amended to
allow the Board to more adequately serve the purpose for which it
was created.
No amendments to the existing ordinance are necessary at this time as it provides clear
direction to the Committee.
6. Whether the Board's membershi re uirements should be modified.
Current membershi r uirements are ade uate and re uire no modifications.
7. The cos both direct and indirec of maintainin the Board.
The cost of maintaining the Committee is nominal. The only cost is that of staff time to
attend the meetin s.
J: ADDmONAL COMMENTS: I
Assets of the GAC Land Trust are approximately $1,093,860 in available cash and
$4,283,100 in land inventory. Approximately 176 acres ofland is yet to be utilized or
sold.
K: STAFF COMMENTS: I
Staff concurs with the Committee's reports.
Comments provided by Len Price, Administrator, Administrative Services Division
Page 3 of3
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Agenda Item No.1 DC
March 8, 2005
Page 1 of 21
EXECUTIVESU~Y
Recommendation to award a construction contract in the amount of $25,689,039.43
to John Carlo, Inc. and reserve $1,258,000 in funding aUowances to construct road
and utility improvements on Immokalee Road Six-Ianing Project, from U.S. 41 to 1-
75; Project No. 66042B; Bid No. 05-3788; Fiscal Impact $26,947,039.43
OBJECTIVE: To obtain Board approval to award a contract to construct road and
utility improvements to Immokalee Road Six-Ianing Project in accordance with the
certified plans and specifications to the lowest responsive and responsible bidder, John
Carlo, Inc.
....""..........
CONSIDERATIONS: A total of 287 solicitation notices were sent out for this project.
Three (3) bids were received on February 22,2005, for the construction of the Irnmokalee
Road Six-1aning Project, U.S. 41 to 1-75. The lowest responsive and responsible bidder is
John Carlo, Inc. The low bid amount includes a bid for construction of $25,689,039.43
and an additional $1,258,000 identified by the County to manage unforeseen conditions
(total $26,947,039.43). The total bid is approximately 24% higher than the Engineer's
Opinion of Probable Construction Costs, part of which is due to the increase in costs of
cement and steel. In addition, the project has been divided into three specific milestones
for completion. By requiring the contractor to complete sections of the project by certain
dates, it essentially results in the project being three separate projects. This action drives
the overall cost of the project higher due to added maintenance of traffic and mobilization
costs. Further, fÌ'om the results of the bids ranging from the low bid to the second low at
$32,999,095.96 (Better Roads, Inc.), and the high bid of $40,941,875.61 (APAC-
Southeast, Inc.), it appears that we suffered fÌ'om the lack of available qualified
contractors. The large range of disparity could also be a result of too much work currently
under construction.
Subsequent to Board comments to minimize change orders, the Transportation Division
is following procedures used by Public Utilities to allocate Board authorized "funding
allowances" to manage unforeseen conditions during construction. Any expenditure of
the proposed $1,258,000 allowance budget would only be subsequent to documented
justification and County written authorization. Discussions with the Purchasing
Department and the Clerk of Courts office support the use of an allowance budget to
manage unforeseen conditions.
This contractor has demonstrated satisfactory performance on other projects of a similar
nature in the past. The construction duration for this project is 930 days.
FISCAL IMPACT: Funds in the amount of $26,947,039.43 are available in the
Transportation Supported Gas Tax Fund, Impact Fee Funds and Utility User Fee Fund.
The total contract award amount is for $25,689,039.43, with an allowance in the amount
of $1,258,000.00 for unforeseen conditions for this project totaling $26,947,039.43.
Source of Funds are Gas Taxes, Impact Fees and Utility User Fees. The relocation costs
Agenda Item No. 10C
March 8, 2005
Page 2 of 21
associated with the utilities will be funded by Transportation. All costs associated with
the upgrading of utility lines will be funded by the Utilities Division.
GROWTH MANAGEMENT IMP ACT: Capacity improvements to Immokalee Road
Six-laning Project are currently identified on the Capital Improvement Plan, cm No.6,
and are consistent with the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners award a contract to
John Carlo, Inc., Inc. for the construction of capacity improvements to Immokalee Road
Six-laning Project, Bid No. 05-3789, and authorize the Chainnan to sign the s~ndard,
County Approved construction agreement.
Prepared by: Lynn R. ThOIpe, P.E., Principal Project Manager TECM
Attachments: Bid Tabulation
Item Number
Item Summary
Meeting Date
Agenda Item No, 1 DC
March 8, 2005
Page 3 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10C
Recommendation to award a construction contract in the amaunt of $25,689,039,43 to John
Carlo, Inc and reserve $1,258,000 in funding allowances ta construct road and utility
improvements on Immokalee Road Six-Ianing Project, fram U.S. 41 ta 1-75; Project No.
660428: Bid No. 05-3788; Fiscal Impact $26,947,03943
3/8/200590000 AM
Prepared By
Date
Lynn R. Thorpe, P.E.
Tra nsportion Services
Principal Project Manager
Transportation Engineering and
Construction
2/23/2006 1 :44:48 PM
Approved By
Sharon Newman
Transportion Services
Accounting Supervisor
Date
Transportation Administration
2/23/2006 2:28 PM
Approved By
Dale A. Bathon. P.E.
Transportion Services
Priniclpai Project Manager
Date
Transportation Engineering and
Construction
2/23/2006 2:28 PM
Approved By
Norm E. Feder, AICP
Tra nsportlon Services
Transportation Division Administrator
Date
Transportation Services Admin,
2/24/20051:51 PM
Approved By
Lisa Taylor
Transportlon Services
Management/Budget Analyst
Date
Transportation Administration
2/24/2006 2:57 PM
Approved By
Brenda Brllhart
Administrative Services
Purchasing Agent
Date
Purchasing
2/26/2005 9: 68 AM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
2/26/2005 11: 17 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
2/26/200511:33 AM
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Date
Purchasing
2/25/2005 11 :61 AM
Approved By
Susan Usher
County Manager's Office
Senior ManagemenUBudget Analyst
Date
Office of Management & Budget
3/1/20062:59 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
Agenda Item No, 1 DC
March 8, 2005
Page 4 of 21
County Manager's Office
Office of Management & Budget
3/1/20053:58 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
3/1120054:42 PM
Duo: _ry22, 2006 IMMOKALEE ROAD· u.s 41 10 1-75 Ho.af81d1_:3
COUNTY PROJECT NO. 18042 Agenda Item No. 10C
BID NO. 05-3711
DaJe Blllhon, Pro eoI .,."...... Marcil 8, 2005
Page 5 of 21
A: ROADWAY ITEMS
- ""At -~ John c.to, I....
_No. - Unll CMnIIIy UnIt prtoe - UnIlPrtce - UnIt Prtoe ""-'"
101-1 MOIIUZA~ON LS 13,_.00 13,lO8.lOO-00 $II. tSO,ODQ.OO $4.15Q,QJO.t'O 12.400.000.00 12,<OO,DDO.OO
'02·' MN~EOFT~F~ LS ",&11.730,QD 11,131,730.00 þ,1111i,oaao $2.1'5,OSI.oo 11.000.000.00 " ,0000DDO.OO
102·'4 TRAFFIC CONTROL OFFICER MH 500 soc... 140.325.00 $!I7.11S _175.00 $46.00 ....IIOO.GO
!CH1 BUSINESS SIGNS EA '2 '100-00 '1.200.00 152-50 _00 ....00 "".00
102-l1li YARIAIII.E MESSAGE SIGN (TI!MPOfWIY) EO 750 "''''0 '14,1150.00 '"1.4$ "4,587,50 ....00 111,150.00
'CW-ID-' BALED HAY OR BTFIAW EA 1.188 tll.DO "2,141.00 ".115 ...ooo.eo ".00 15.11<0.00
1 cw- 11 TURIIDrN BARRIeR, FlOATING LF 1,783 '7.70 "3.575.1D "0.00 117,_00 ".50 "11,7.50
'04·'3-1 STAKED SILT FENCE (TYPE IU) LF 38,oes 1'.00 130.015.00 10.7' _,&41.75 ".00 .........00
nOot·' CL!NIJNG NlD GAUBSING LS 124,100,00 ....OO.DO 1Iia....... N22,380.50 $770,000.00 1770.000.00
111).3 STAUCTURES. AEMOYAL OF EXISTiNG LS '"0.000.00 1"0,000.00 $101.000.00 1100.000.00 ....000.00 "',000.00
11D-4 P"l/EMENT . REMOVAL OF EXISTING CONCAETE BY 2',21' 112000 ............ 1'3.50 _.<02.50 ..... "37.117.110
120-1 EXCAY"~ON REGUlAR CY 28,6'0 111.16 5341,7&4.10 ....20 ",383.838.20 110.00 -"00.00
121).0 CHANNEL EXC"Y"TION CY 711 167.10 $01.518.20 "22.00 1t,_.1D .' 00,00 17.aoo.oo
120-. ~ CY 28,0183 $4uø $'_,77&M 18'" _,000.20 "5.00 13117.:ws.00
120-72 GRAVEl. ALL CY N31.0CI 11,583.00 ",OIiIQ.QO 13.270.00 1170.00 1510.00
210-704 OPTIONAL BASE GAOUP . (1I8C-3) (4; SV 380 121'.'0 1100m.eo 125.00 "'0.21800 ""00 ",!(MOO
ccw-ecp OPTIONAL BASE (A8C-3) (0' THICK CURB PM» BY '8.187 ....00 ..........00 f31U5 1tT13.C54.75 120<00 _.00II00
CC2Bð-8 OPTIONAL BASE (Me·3) (0') SY 1147 ....30 12"'771110 m.70 118A33.10 140.00 121...00
CC2Bð-10 OPTIONAL lIME (JoBC·3) (IO¡ SY 70,7011 "".15 12,131,1120.20 I3IISCI 12.712.".00 134.20 12A1o,!13.IIO
327-70-' "'ILUNG EXISTING .r.IIPHALT P"\lEMENT (I' AYG. DEPTH) BY 101,2'2 ".70 .74.0e0.-40 $2.10 133II.54UO 11.110 1257,1311.20
331-2 -'SPHALnc CONCRETE. lYPE S (OVERBUIlD) (2.tI' "VE THICK) TN 9.7711 $81.10 PI2.7U." $11.. POO,371.75 100.20 1070.0130.00
331-72-10 ASPHAL T~ CONCRETE, lYPE 8-11111') SY 231,000 sa 75 _272.50 sa.IIO 1831,12' .110 13.10 1J1'18, HI.80
33'·72·:¡'¡ ASPIW.~C CONCRETE, lYPe S·I (2,,') SY 71.23. 11II.le _003.80 111.10 $114UCI2.10 "'" -.""'"
3311-1 ""SCI!UANEOUS ASPHALT P"\lEMENT TN 400 "28.10 "'.232.00 "28.45 "' ,212.25 '115.00 ........00
400-1·11 CONCAETE. CLASS I (GRAYllY WJW..S) CY 2A2 "'5.00 1211,111.1)) "/0'1.00 "e8.m,Q) '510.DCI 1123,287.00
- lIMP STRUCTlJAES EA _.00 "'....000.00 115,450.00 .,,,.aoooo "3,700.00 1S4.aoo.OO
425-8.200 lIMP STAUCTURES EA 545,100.00 145,100.00 "'...11 "I.3OD." .'4.250,00 $U.,25Q.OO
~ lIMP STRUCTURES EA 10 ., '0:) 00 ".000.aoo.oo ",150.00 -'700.00 122,IlOO.00 _IlOO.00
425-IWOQO lIMP STRUCTURES EA _00 "M,oao.DO 133,050.00 100..00.00 "',300.00 ....000.00
...Sl1OOO lIMP STAUCTUAES EA "43,000.00 S'~.CQU)o ....300.00 114,300.oa U7,11OO.00 SS7,IOO.OO
IMMOKAU!I! ROAD· U.S 4110 1-75 No.d__3
COUNTY PROJECT NO. 88042 Agenda Item No. 10C
BID NO. QS.378I
.,... B8Ihon, Pro ecI Mellaglii' Maret, 8. 2005
Page 6 of 21
A: ROADWAY ITEMS
EMI_ N'AC -- .Iohn c.to.lna.
_No. -- Unit QuInIfty UftII_ Amount UftIIPrioe Amount IInIt P.... Amounl
oI25oS'eooc lIMP STFIUCT1JÆS EA S2Q8,DOO.OO 12OII.cm00 ""'000.00 r>e.ooo.oo 107.000.00 107.000.00
_"'351 lMoETS, CURB TYPE P-li «10') EA 28 ,",,210.00 1120,121),CI) $3._00 II'! .....00 ~OO _.DO
~'..381 INlETS. CURB 'TYPE P-e «10') EA 018 "'o:!O.DO S221.780.00 13,810.ao 1113.280.00 $3."""00 $1.......00
01250"'71 INLETS. CURB 'TYPE 7 (<10') EA $4,120.00 "_.00 S3.710.QO 13,110.£1) 13.500.00 13.500.00
012501-711 INlETS. GUTTEII TYPE V «'0') EA ",1120.00 ".IS2000 $2..21D.QO ""'OlIO "'DOO.OO ".DOO.DO
0125-'-621 N.ETS. DBI TYPE C «10') EA 17.700.00 $7.100.00 "'_00 ... m.oo "'400.00 ...-
""o.5ði1 INLETS, DBI TYPE E «10') EA $7,7DO.oa ''''''00 00 13.""'00 .'usa.DO 12.000.00 "4,500.00
012501·_ INlETS. DBI TYPE H «10') (MOO.) EA $7,100.00 $7,701100 ......,.00 ....00.00 $UOO.OO ...eoo.DO
~2-6' foWIHOLES (14) (<10') EA .......00 see,CIOQ.oo S3.376.00 127 .DOO 00 .".cmoo D4.OIXI.ao
425-2-8'R IWIHOLE 70PS CONVERT FROM INLET TOPS EA '" 12.750.00 '35.750.00 ".175.00 "5,21a.QO $1,050.00 "3.1&0.00
0125-3-01 M'/CT1ON BOXES 5'115' (J-7) «'0') EA '5 þ,lO).oo $1.......00 $4,1&0.00 172.150.00 14.400. DO *,DOO.oo
425-&-1 ADJUSTING MANHOLES (UTILITIES) EA 40 $5500 $2.200.00 .....00 $21,000.00 $1500.00 S20,DOO.DO
.- ADJUSTING VALVE BOXES EA '00 _.00 131."'" 00 1417.50 "",750.00 S4OO.oo $40,000.00
0125011 MODIFY EXISTING DIWNAOE STAUCTUÆ EA '0 11.150.00 ".,50000 $175.00 S8.750.CQ $800.00 _DOO.oo
~"A CONCRETE ~ CONVERT FROM INLET TOPS EA 11,430.00 11,5110.00 ",185.00 ".100.00 It,tOO.tIt _IlOO.00
.t3Q.171-'23 PIPE ClA.V (OPT MATt.) (ROUND) ('5' SS) U' IIIJI: 571.50 $43. nuo ""'... 1a.07V.75 ....'" "',121loo
430-171-125 PIPE CULV OPT MAn) (ROUND) (18' SS) LF 2,82' 113." 1273. t13.50 "'2.0 $187.07..25 $I!O.oo $175.200.00
430-171-'29 PIPE CULV OPT MATt.) (ROUNO) (24' SS) LF "".5 $110.DO "47.150,00 sea.OO 18O,700.QO SM.'" $13,876.00
430-171-133 PIPE CULV OPT MATt.) (ROUND) (30" SS) LF 1,_ "37.50 S205.m.OO $7.... $114,222.50 S1O.'" $104....00
430-171·'31 PIPE CULV (OPT .....Tt.) (ROUND) (W SS) LF "'02 "&1.50 $472,283.00 100'" __50 -'" 12113&4.00
"3D-171-225 PIPE CULV (OPT ......Tt.) (ELLIP) {1.')(23" SS) U' 1,.002 ....00 1122.2&5 ,00 183.16 $804,.411.50 180.00 1",I2O.DD
.0:10·"1-02 DESlLTlNG PIPE (SS) (1.')(23") LF 1._ "8.50 $241.717.00 $1.75 $11,101,50 $7.00 I'~".oo
430-941-09 DESlLTlNG PIPE (SS) (38'X8O") LF 1" ....00 1'0.070.00 $17.50 13.3115.00 115.1X! u.t10.00
430-M1-23 DESILTlHG PIPE (SS) 115') LF 38S "4.30 15.000.10 112.... S043 .. ...'" $7'2.00
~"'·æ DESILTlNG PIPE (SS) ('S') LF 1.280 "8.10 ........00 ."." "'.1'4.00 $3.00 53.7110.'"
_1·38 OESILTlNG PIPE (SS) (38') LF '.15.ot $33,00 $61,117.00 '150 $13,'..50 $7.'" "0.143.00
.30-8.01..00 DESlLTlNG PIPE (SS) (012") LF 157 ....00 18,801.00 "3.01) 12.0'1.00 .n,CICI 11,727.00
.»882-12& MITERED END SECTION (CD) (CONCRETE PIPE ROUND) (18') EA 22 ,t,aeo.OO $43,5eD.œ ",180.CO ,"-110,00 ".100.00 ....200.00
~_·129 MITERED END SECTION (CD) (CONCRETE PIPE ROUND) (24"¡ EA .......00 S2.&tO.ao ".320.OQ $1,320'" ".200.00 S1 ,200.00
IMMOKALEE ROAO· U.S 41 to 1-75 No.oI__:3
COUNTY PRO.IECT NO.IIOG Agenda Item No.1 DC
SID NO. 0647N
o.Ie 1IIIIIIon, PnI ect .......... March 8, 2005
Page 7 of 21
A: ROADWAY ITEMS
~ ""At; hIIor_ John CUIo, !no.
_No. -- Unit !MntIIy UnltPrtoe - UnItPrtce - Unit Prtoe -
'-'38 MIlCRED END SECTION (CO) (CONCRETE PIPE ROUND) (38') eA 13,300.00 ......,.00 13,IlOO.00 "'.100.00 '1.1100.00 _.00
515-1-2 HANDl'Wl PIPE (ALUMINUM) IF 2,208 $:i1.. 181.220." "''''0 r'/5,IOI.2O Þ4.OO 17&.072.00
520-'·10 CONCRETE CURB AND GUTTER (n'PE F) IF 18,328 $2.4.10 " ,514'-'10 ".20 _,l12li." ...., Þ21..' 1..
1120-2-' CONCRETE CURB [TYPE A) LF .. "3.75 11.347." '13.16 ."....10 "2.50 ".2215.00
520-2-1 CONCRETE CURS (TYPE 0) LF 3111 113,15 $04._'" .,3.15 $01,7.7.1. $12.150 ....512.50
520- 7C CONCRETE TRAFFIC SEPARATOR (SPECIAL) SY .. 104.35 '5.127.16 "'.46 15......... "UO -..
522-2 CONCRETE SIDEWAU<," THICK SY la,308 "'15.3. 164',QII1'.I. 130." _,00II" ..... ..........00
CC526-'·' BRICK PAVER TRAFFIC SEPARATOR (KAEtLlNG OR EQUAL) SY alS ...... 1&2.7'3.00 "UIS *,_.00 toe.OO 145._00
a3II-l·' GUAAORAll IF S,5311 $II." $157.,10 120.'" "74,175.20 "7.00 "41.1".00
_24 GUARDRAIL END ANCHORAGE ASSEMBI. Y (PARAU.El) eA '0 .....00 "'2150.00 $2.108.00 S21.CIIO.OO mo.oo ...rsoo.oo
53II-e5-2!I OUARDAAA. END ANCHORAGE ASSEMBlY (n'PE II) eA '0 12.œo.oo 120,100.00 -.. $01,0:16.00 ",IOD.OO '''.000.00
a3II-7 SPECIAL GUAIIORAIl POST eA .7 "37.50 ..-... _.00 "0.157.00 "30.00 ano.ao
.......73 REMOVAl 01' EXISTING GUAROIWl LF a.7eO $1.10 $'I4M3-1O St,V5 $n,OI3.70 $2.00 117.132.00
547·70-1 RIPRAP, FABRIC-FORMED CONCRETE BY .,7 113'" _... $047.25 "'.703.25 ....00 120.433.00
555-'·1 DIRECTIONAL SORE ( LESS THNf S¡ LF '.178 $27.'" "81tA67.20 "2.80 .......... "4.QC _00
eea.1-2 DIRECTIONAl. BORE (.. TO 12") IF 9,1~ ...... _,310.'" $211.'" ""'''1.20 "1.00 "6USC,OO
5J'O.1S FERTILIZER TN 1330.00 ",310.00 1315.00 ........00 1300. DO '2.,100.00
570-9 WATER FOR GRASSING MG 1548 $11.00 ".02&00 110.50 15.754.00 $10.00 .......00
5'75-1·1 SOOOING (BAHIA SY 88.378 11.30 " 14.881 ,40 $1.25 1110.472.60 11.25 1110.412.50
CCS80-1 PREPARED TOPSOil CY 3,741 ....36 $83.01'.35 ...... "41,143,150 "0.00 $37,410.0)
737-70.' UTIU'TY lOCATES· UNDERGROUND EA 250 $5UIO $\3,780.00 ....... $""".00 1350.00 117.6OD.00
737·70-2 UTIUTY lOCATES· UromER PAVEMENT EA 150 ...... $'2.375.00 $583.711 117,_.110 '510.00 S87.DDO.œ
'() ()'13N)ð PIPE (PVC) (IRRIGATION SlEEVE, 2' DIA.) IF 8,8711 SO.OO 127,15'2.00 $1,05 ".I!2UO to.01 ..".
'() ().I31-œ PlP£ (PVC) (IRRIGATION SLEEVE. S' DIA.) LF 9.\~ 112.00 "011.7715.00 ..... S22,moo 'C.01 "t.~
OC8IIO-RDWY Pt:»DWAY ITEMS AllOCATION FlXED $ 300,000.00 $ 300,000.00 $ 300.000.00 $ 300,000.00 $ 300.000.00 $ 300.000.00
ROADWAY ITEMS TOTAL ""':{';Jfi,. .·,.u~<.,..·,,"-,'
,-..._', "8,1WIJ,I82.ea ....~;
"-~_........ I
IMUOKALEE ROAD . U.S 4110 1-75
COUNTY PROJECT NO. 88042 Agenda Item No, 10C
IIID NO. D5-37III March 8, 2005
Page 8 of 21
B: SIGNING AND PAVEMENT MARKING ITEMS
hII_ AP~ -,,- John CIIrto, Inc.
tIIIm No. DMcrIøtlon Unit au.ntIty unn_ _III UnllPrIce Amount UnnPrlae Amount
7()O.o1O-1 SIGN SINGLE POST (LE8S THAN 12) ÞS 124 5170,50 $21.142.00 $1&2,75 $20,151.00 $156.00 518,220,00
700-40-2 SIGN SINGLE POST (12 ·251 ÞS $1.210.00 52,420,00 S1,155.00 12,310,00 $1,100.00 S2,2OO,OO
70(}< '" 0 SIGN MULTiPOST (I.ESS THAN 50) ÞS 1& 53,520,00 $5ð,320,00 _,00 $53.780.00 53,_00 551,200,00
700-4&-11 SIGN EXISTING (REMOVE) (SINGLE POST) ÞS 108 538,50 I4.UIUO 538,75 $4_,75 1136.00 $3,815,00
7(1).48.12 SIGN EXISTING (REMOVE) (MU. TI POST) ÞS 2 "'0,00 $1,100,00 $525,00 $1.050.00 $500,00 51,000,00
700-4&-21 SIGN EXISTJNG (RElOC"TE) (SINGLE POST) loB 211 177,00 12.=00 173,50 $2,131.50 170,00 12.030,00
71JO.46.22 SIGN EXISTING (RElOC"TE) (MULT~POST) loB 51,100,00 51.100,00 $1.oso,00 $1,050.00 51,000,00 51,000,00
_'8 SIGN PNjEL (FII) EA 10 $112,50 .....,00 175,75 5787,50 $75,00 S750,00
700-48-50 SIGN PNjEL (REMOVE) EA 4 111.00 $44,00 $10,50 _00 510,00 $40,00
705-71 NO TUBUlAR DELINEATOR (FLEXIBLE) e" 12 $11.50 $l5UO 5.U5 5818,00 ....00 1710,00
708-3 RëTRO-REflECTIVE P"l/EMENT MNlKERS EA 3'- ....15 $14.1107.20 $3,85 $13,73"'0 $3,15 $13,023.20
710-0 DfRECTIOWIL ""ROWS, PIII"fE[) EA 188 $22,00 $3,888.00 525.ao $4.23:1,50 $24.00 $4,032,00
711H P"VEMENT MESSJ.GES, PIIINTED EA 18 $33,00 _,00 $8525 51.22UO 585.00 51,170.cr
71Q-õ.1 GUIDE LINES. Pili,.". (WHITE) U' 1,180 SO.20 1231,00 'CUO $354.00 S026 1295.,
710-5-2 GUIDE LINES. PIIINT (YEl.1.OW) U' 1,885 $O.ao $371.00 $0.30 _.50 SO.25 $471.25
710-21 SKIP TIW'FfC STRIPE (WHITE) (10' - 30') GM 8,072 1275,00 $1,1119.80 51.70 $10.:12 $8:M.00 $3.849.15
710-23-151 SOLID TRAFFIC STRIPE (WHITE) (8') NM 8,431 5710.00 $4.951.87 $615.00 $4,276.&2 $8:M.00 "'.077.25
710-23-81 SOLID TRAFFIC STRIPE (WHITE) (8") LF 2,302 $0.30 _10 10.25 Wo.5O SO.20 $480.40
710-23-121 SOLID TRAFFIC STRIPE (WHITE) (12" U' 4,134 $0,115 $3.~13.80 IUS $4.754.10 $',08 .....14.12
710-.23-181 SOLID TRAFFIC STRIPE (WHITE) (18') LF 740 51,05 sm.QO $1.70 $I ,251.00 $1.110 11,184.00
710-23-241 SOLIO 1'IW'FIC STRIPE (WHITE) (24') LF 1,136 51.30 51,476.80 S2.25 12,"',00 12,15 12.442.40
710-2~1 SOLID TRAFFIC STRIPE (YELLOW) (8') NM 4.004 1770.00 $3,08301 _00 12,1118,118 $8:M,00 S2.53B.s..
710-24-181 SOLID TRAFFIC STRIPE (YELLOW 1 (18') U' 336 '1.Q5 $352.10 11.70 5571.20 ,ula S537.1O
710-211 REFLECTIVE PIIINT (ISLAND NOSE) (WHITE) SY 111,00 S22.OO $10,50 121.00 "0.00 120.00
710-30 REFLECTIVE PM,.". (ISLAND NOSE) (YELI.OW) SY 22 811.00 12".00 $10-50 $231.00 510.00 S220.oo
711-3 PAVEMENT MES!WlES, THERMOPlASTIC fA 29 $10.50 51,754.50 $89.25 82.....25 ....00 12A85.oo
711-4 DIRECTIONAL NlROWS, THERMOPLASTIC EA 327 ....00 $1.,388.00 147.25 $15.450.75 $45.00 1104,716.00
711-5-' GUIDE LINES. THERMOPLASTIC (WHITE) LF 1,415 10.30 1424.50 so.75 $1,ot11.25 so.70 '-.50
""_"~'''_"''''''''~_",,,.,,,;,,,",".,,,,·;·.i,;'"''-.
I: SIGNING AND PAVEMENT MARKING ITEMS
_No. ~
71 -6-2 GUIDE UNES. THERMOPlASTIC (VEU.OW)
711·33 SKIP TRAFFIC STRIPE, THERMOPLAST1C (WHITE) (10' . 30')
711-35-81 SOliD TRAFF1C STRIPE. THERMOPlASTIC (WHrre) (8')
71H15·121 SOlIDTRAFAC STRIPE, THERMOPLASTIC (WHrrE) (12')
111·36-181 SOliD TRAFFIC STRIPE, THERMOPLASTIC (WHrrE) <'8')
111-31;.241 SOlID TRAFFIC STRIPE. THERMOPI..ASTIC (WHITE) (24'
111-36-181 SCUD TRAFF1C STRIPE. THERMOPlASTIC IYEl.LOW) (18")
111-3HI SOlID TRAFFIC STRIPE. THERMOPlASTIC (WHITE (81
111·3H1 SOLID TRAFFIC STRIPE, THERMOPlASTIC (VEi.LOWI (8')
=881 ·SPIA SIGNING Þ O¡D PAVEMENT MARKING ITEMS ALlOCATION
SIGNING AND PAVEMENT MARKING ITEMS TOTAL
. ___ ___'F' .._. .
IMMOKALEE ROAD· U.' 4110 1·7&
COUNTY PI'IO.JECT NO. 11042 Agenda Item No.1 DC
1110 NO. GW7III March 8. 2005
Page 9 of 21
Ed-.! N'N:. ..... FIoIoda John c:.Jo, lroc.
UnIt au.ntIIy Unit Prloe Amount Unit PIIce Amount Un__ ~
LF 2,810 '0.30 "".00 10.15 12,221.10 10.10 52,0711.00
!1M 12.847 $510.15 $7,Ot1.1I $703.50 $9.0:17.. 11870.00 $8.1107.08
LF 5.l!07 10.l1li 13.844." 10.10 S5,CMUO 10.55 ".755.116
IF 8.010 '1.40 "2.814.00 ".40 """0.00 .1.30 111.713,00
LF 1.394 '2.00 $2,157.70 $2.20 $3.011.10 $2.10 12.927,..40
IF 1.830 $2.10 ",'SUO $2.70 ",412.50 $2.110 ".238.00
LF 3S8 $2.06 _.10 $2.20 $731.20 12.10 $705.50
NIA 12.426 ".1170.00 $23,23IUI2 "'07,00 126.181.58 $2.001.110 ...-..
NM 7.872 $2,200.00 $17.038.40 $2.107.110 "6.7117.00 $2,007.110 "6.9111.110
FIXED $ 3.000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3.000.00 $ 3,000.00
$218,318.80
_MII.55
$2'7._.73
IMMOKALEE ROAD· US 41 to 1-75
COUNTY PROJECT NO. 11M2 Agenda Item No.1 DC
BID NO. 05-3711 March 8. 2005
Page 10 of 21
c: SIGNALIZATION ITEMS
EoIImated ÞÞAC -- .101m CMo, Inc.
......No. -- UnII IMnItty Unll_ _nt Unll_ - UnII_ _nt
55ð--'-' CtRECT10NAL BORE (LESS THAN 8 INCHES) LF 575 '18.80 '",3115.00 $22.150 '12.1137.150 $22.00 "2.8&0.00
83<>'·12 CONDUIT (FAI) (UNDEROROUND) LF 22."34 .UO $123.387.00 $3.75 ".'21.150 13.75 SII4,'27.M
831).'·13 CONDVIT (FAI) (UNDER PAveMENT) LF 71 $38.60 $2.1*.150 '13.00 $1.001.00 "3.00 '1,001.00
&12-7-' C;I,IILE (SGNAL PI ........00 1411,008.00 $2,632.00 $22.7118.00 $2.800.00 123.400.00
~'21·2 FIBER OPTIC CASLE (F&I) (UNDERQROUND) (SM) (38 COUN1) LF 11.940 $3.80 S42,Q84.00 $US S2II'-.OO $2.20 $28,288.00
833-121-2 FISER OPTIC CABLE (F&~ (UNDERGROUND) (8M) (48 COUNT) LF ".MO ..1.40 562.538.00 $2.80 $31.044.00 $2.150 $28,8&0.00
835-1·11 PUlL NÐ JUNCTION BOXES (F4I) (PUlL BOX) EA 08 S401.15O $23.287.00 $212.11 &12,302.38 _.00 &1..soo.00
835-1-15 PULL NÐ JUNCTION BOXES (F&J) (FIBER OPTICS PULL BOX) EA 35 S77II.OO $26.Il15O.00 S787.80 $27._150 &800.00 &28.000.00
_1·22 ELECTR1CAI. F'OWER SERVICE (UNDEAOAOUND) ItS &'.8150.00 $S,IIOO.OO 181115.00 SO,I70.00 &100.00 SO,200.00
83&-2-' El.EC'TRICÞoL SERVICE WIRE LF 1,311 &2.20 $2.....2IJ &2.70 $3.538.70 $3.00 53.1133.00
64,..'-"2 PRESTRESSED CONCRETE POI.ES (F&I DB){TYPE N·II SERVJ(12 FT) EA 1880.00 $5,280.00 _.00 SO,I70.00 &700.00 SO,200.00
849-415-003 MAST ARM ASSEM (F5I1HLI (SINGLE ARM WID LUM.) (1IõoQ3) EÞ. $21.800.00 &12.800.00 $21.1IIM.00 &85.1182.00 $22.000.00 &IIe,OOO.OO
84~180000 MAST ARM ASSEM (F51/HL (SINGI..E ARM WID LUM.) (11&-04) EÞ. $33,000.00 $287,000.00 S2!i.158.00 5231.$22.00 $28,000.00 $2301.000.00
&111""1-«18 MAST ARM ASSEM (FAIIHL) (DOUBLE ARM WIO WM.) (B1.( ) EÞ. $301.210.00 S205.280.00 $21_.00 51115.354.00 $28.000.00 $1511.000.00
&Il1..o25-203 MIIST ARM ASSEM (F5I/HL) (DOUBLE ARM WIO WM.) (8ð-B2-00) EÞ. $38,8150.00 $38,800.00 $30,833.00 &30.133.00 &31,000.00 $31,000.ex
&50-61-313 TRAFAC SGHAL. 12 IN STD. (FAI) (3 sec. 1 WAY) (SPEC1AL1 ItS 81 S77II.OO &48,870.00 $1,1011.00 $81.&18.00 11,,'00.00 181. '00.00
55C).51·513 TRAFAC SGNAL. 12 IN STD. (FAI) (5 SEC. 1 WAY) (SPECIALI ItS 51.320.00 $3.880.00 $I.8ROO 56.1122.00 &1,800.00 $5.700.00
uo.&4-311 TRAFFIC SIGNAL. 12 IN STD. (REI..OCATe) (3 SECTION, ONE WAY) ItS 12 &2,1118.00 533.182.00 S321.00 &3.5112.00 $320.00 &3'-'00
853-1111 PEDESTRIAN SIGNALS (F&/) (LED) (ONE WAY) ItS 24 S805.DO "4,520.00 $751.00 51S.1"'.00 5718.00 &18.8'12.00
853-182 PEDESTRIAN SIOHÞ.LS (F&I) (LEO) (1WO WAY) ItS $1.210.00 $11.0150.00 51,885.00 87.1125.00 51,800.00 $8,000.00
8511-101 SICJNAL HEAD AUXILIARIES (F&I) (ow:K PLATES. 3 SECTlON) EÞ. 38 $131.150 $5.225.00 $108.00 ,"",HM,DO $110.00 SO,I80.00
8511-108 SIGNAL HEAD AUXILIARIES (FAI) (STEEL PEDESTAL) EÞ. $1,430.00 $5.120.00 $878.00 12,712.00 $700.00 52.aoo.OO
MO-2·102 LOOP ASSEMSL Y (F&II (TYPE B) ItS $825.00 &2.475.00 S781.00 S2,3111.00 $800.00 $2,400.00
ð83-7~1' VEHICLE DETECTOR ASSEMBliES (OPTICAL TYl'E (F51) EÞ. 20 $4,850.00 $88,000.00 $8,508.00 $110.180.00 58.800.00 S170.OOO,00
8113-70-12 VEHICLE DETECTOR ASSEMBUES QNFRARED) EA $8,380.00 $S,3IIO.00 $3.351.00 &3,351.00 &3.400.00 53.400.00
_'3 PEDESTRIAN DETECTOR (FAI) (DETECTOR Wmi SIGN ONL VI EA 21 $187.00 $11,238.00 $121.00 $3.358.00 $120.00 &3,380.00
810-5-112 ACTUATED SCUD STATe CONTAOLLER ASSEMBLY (F&ij AS &15,8211.00 $115.558.00 $21,184,00 &130.104,00 $22,000.00 5132.000.00
810-.....'0 ACTUATED SCUD STATeCONTROUER ASSEMBLY(MODIFY) ItS &3,8150.00 &3,8&0.00 &834.00 _.00 S860.00 S8I5O.00
815-128 SYSTEM AUXlU"",,,ES (F&I) (INTeFlFACE PANEL) EA $1,320.00 $0.000.00 &3-.00 "8,310.00 &3,200.00 &18.000.00
855-'040 SYSTEM AUXlUARIES (F&/I (mER OF'TIC, MODULATOR) EÞ. &1 ,182.00 $8,a,0.00 $2.212.00 &11,0150.00 $2,200.00 &11 .000.00
""¡.¡i";¡i¡¡m__"'_;';""""""'L!,.".'''"'',,,,,
IMMOKALEE ROAD· US .110 1·75
COUNTY PROoIECT NO. H04Z Agenda Item No.1 DC
IIID NO. OW711 March 8. 2005
Page 11 of 21
c: SIGNALIZATION ITEMS
EatI_ APAC _R_ John CaM,1nc.
"""'No. __ Un" Quenllty Un" P.... Amount Unit ""co Amount Unit Prlco Amount
1185-1042 SYSTEM AUXlUNlJES (FII) VIDEO CENTRAL CONTROL EOUtp) EA $7.1150.00 Þ.7IWJ.OO S1,1I63.00 1Ie,2tll .1IO SI,11CO.OO 1Ie,l5OO.00
-'10 REMOVE TAAFFIC SIGNAL HEAD ASSEMBLV EA 43 S110.00 $4.730.00 1151.00 $2,o1C11.00 1151,00 $2.3115.110
- REMOVE PEDESTRIAN SIGNAL ASSEMBL V EA l' $82.1SO S1,186.00 1151.00 $7801.110 ..00 $77Q.00
-'31 SIGNAl.. PEDESTAl. REMOVAl. EA _.00 S1,1WO.00 _.00 sale.oo $210.00 S&IO.OO
-.32·1 POlE FIEMOYAL (SHAI.I.OW) (DIRECT BURIAL) EA 10 S3,MO.OO 1151,1500.00 _.00 sa,OIO.OO S850.00 "',1500.00
-.150 REMOVE CONTAOU.EI\ ASSEM8L V EA $5150.00 $2,'TIIO.00 _.00 .'.œo.OO S210.00 $1,0150.00
- REMOVE VEHICLE DETECTOR ASSEMSl V EA 31 15.150 SI70.15O $27.00 $837.00 $28.00 _.00
- REMOVE SPAN WIRE_V EA $8211.00 $4,12&.00 $148.00 $7<10.00 $148.00 $740.00
- REMOVE CAalNG AND CONDUIT PI _.00 $2,310.00 $148.00 _00 SI48.00 _.00
-"00 REMOVE MISCI!l..LANEOUS SIGNAL EQUIPMENT PI S330.00 $"'.0,00 $1...00 _.00 SI".OO _.00
e&&-I·I SIGN pNTEANALLV IlJ.UMJNATED) (STAI!ëT NAME) EA 17 $2,8112.00 S50,1I&I.00 $2.270.00 $38,1IGO.00 $1,1500.00 $3O,eoo.OO
700--=18 EXISTING SIGN (REMOVE¡ (SPAN WIRE) AS 10 $82.!1O $825.00 $111.150 S1,115.00 seoo.OO . Je.COOJIO
71JO.48.25 EXISTING SIGN (RELOCATE) (SPAN WIRE) AS $215,00 $275.00 _.00 S2II8.00 $õ,OOO.OO ..000.00
70Q04015 SIGH PANEl. (FI') (15 SF OR LESS) EA $01<10.00 S1,7IWJ.00 S380.00 S..seo.OO $210.00 $8<10.00
70Q040.. SIGN PANEl. (RELOCATE) (1e SF OR LESS) EA _.00 $572.00 _.00 S4OII,OO $210.00 S420.00
CC·II92-S1G SIGNALIZATION ITEMS ALLOCATION FIXED $ 30.000.00 S 30.000.00 S 30.000.00 S 30,000.00 S 30.000.00 $ 30.000.00
SIGNALIZATION ITEMS TOTAL "'.<98.705.20 $1.288.278." SI.zrr.700.15O
IMMOKALEE ROAD - US C, 10 1-75
COUNTY PROJECT NO. MOC2
BID NO. 05-3711
Agenda Item No, 10C
March 8, 2005
Page 12 of 21
D: UOHTING ITEMS
""mNo,
DøcrlDtton
Eat_
Un~ au..aty
APAC
Un~ _ Amount
--
Unit_ _
John c.to, Inc.
Unft Prlco Amount
Mð-'~1 DIRECTIONAI.I!ORE (LESS n<AN ð INCHES) LF 1,6'3 $17,eo S2ð......,eo $1UO $24,1110,eo &11U1O S27 ,zM,00
7,0.,·,,3 CONDUCTOR (!'&J) ØNSUL NO ,} LF 1S.1I5II so,eo $ðII,ð27 20 SO,70 SIIII,J ðUO SO,70 &6U6UO
715-1·11. CONDUCTOR (I'&Q (INSUL NO ., LF 105.841 $1,00 &loe,&l1.(1O so,eo 6&4,111UO SO,80 6&4,1112,80
715-1·1'8 CONDUCTOR (F&I (INSUL NO W) LF S!,!IO S!I22,!IO Suo $58UO 611,80 S6Z7,00
715-2-115 COIIDUIT (Frol) (PVC Set! 40) IUNDERQAOUNDI (2') LF 33.611' , 65.50 $18&,345.50 ".10 &1311"12.10 $US $143,1Ie4,¡!S
710.7-" LOAD ceNTER (F&I) (SECONDARY VOlTAGE) EA S!,m,oo $11,&110,00 $&.IIoe.OO &13.610,00 67.300.00 &1'.800,00
715-1.,1 ROADSIDE PULL BOX (F!II EA T7 S330,00 $25,'10,00 &280.110 S20,0511.60 $300.00 $23.100,00
715-51'-135 liGHT POlE COMP, (F!I) (SINGLE ARM SHOULDER) (Al.UMI (35' lotH) EA I.' $3,1110,00 Sð31.1I2O,00 &2,1112,00 "97,376,00 $2,7110,00 _,800.00
71ð-&6<H1OO UGHT POLE COMP, (REMOVE) EA 172 S3II6 00 $ðII,220,OO &503.00 $8&.51&.00 _,00 $114,800.00
cc........GT UGHTING ITEMS 1U.OCATlON FIXED $ 45,000,00 $ 45,000.00 $ 45.000.00 $ 45,000.00 $ 45.000.00 $ 45.000.00
UGIfTINO ITEMS TOTAL $1.'87.4&5,00 S871,2M, () $'.021.228,~
TFI·P-d
218105
..~.~.._._-- .._-- -- .. . -..-
COUNTY PROJECT NO. te042
BIO NO. 06-Ð" Agenda Item No.1 DC
Marc!, 8, 2005
E: County lIIlInlu Page 13 of 21
Eatl"""-d APAC Beller Roea John CU1o, Inc.
ItIImHo. DMcrtpllon Unn Quantity Unn Pm:. Amount Unn Price Amount Unn Pr_ Amount
FORCE MAINS
FM-1 PIPE (PVe) 24' . ClASS IllS LF 2,840 $1411.50 1\021,740.00 $121.75 _.770.00 $115.00 S328,8OO.00
FM-2 PIPE (PVe) 24' . ClASS 235 LF 240 $175.00 $42,240.00 $118.00 527.1140.00 $1011.00 $25,SIaI.OO
FM-3 PI PE (PVC) 20" ,ClASS IllS LF 2,100 $115.110 __.00 $7'.25 $148,8211.00 see.oo "38,800.00
f'M.4 PI PE (PVC) 20" , ClASS 235 LF 530 $'43.00 $78,_00 $110.110 $42._.00 $14.00 $3t_.00
FM-5 PIPE (PVC) 12" , ClASS 150 LF 2,840 $77.00 $203.æo.OO $32.110 $115.800.00 S2II.OO $78.seo.00
FM~ PIPE (PVC) 12" . a.ASS 200 LF 0460 $88.00 $3t,8OO.00 $42.110 $18.125,00 $31.80 $17,325.00
FM-7 PIPE (PVe) 8' . a.ASS 160 LF 860 $88.00 _,700.00 $22.110 $21.3711.00 $18.00 $18,525.00
f'M.8 PIPE (PVC) 8' , a.ASS 200 LF 400 $71.110 S21,800.00 $201.75 $11,800.00 $21.110 SII,øoo.OO
FM-9 PIPE (PVC) 8' , CLASS 150 LF 0180 SII5.00 S21,400.oo $22.110 $10,800,00 S20.00 $II,øoo.oo
FM-IO PIPE (PVe) 8' , ClASS 200 LF 300 $110.110 $18,150.00 S20.75 ".225,00 $18.00 SII,400.00
FM-11 PIPE (PVC) 4' , ClASS 150 LF 170 $4..110 .....15,00 $47.25 SII,032.150 $45.00 $7,1150.00
FM·12 PIPE (PVC) 4' , ctASS 200 LF 170 $55.00 $11,350.00 $47.110 ",075.00 $45.00 $7,1150.00
FM-13 PIPE (Ol) 24' , ClASS 350 LF 80 $440,00 135.200.00 $320.00 S21,1IOO.00 S3OO.00 $24,000.00
FM-14 PIPE (01) 6' , ClASS 350 LF 60 $110.00 SII,800.00 $106.00 SII,300.00 $100.00 SII.ooo.OO
FM-15 STEel CASING 38' LF 280 $T7O.00 $215,800.00 $285.00 $79.IlOO.00 $2110.00 $70.000.00
FM·18 STEEL CASING 24' LF 690 1806.00 $417,450.00 $227.80 $188.875.00 $200.00 $138,000.00
1'M.17 STEel CASING 16' LF 130 $486.00 $&\.350.00 $1118.80 $20,735.00 $'37.00 $17.810.00
1'M·18 STEEL CASING 14' LF 290 $440.00 $'27.800.00 $128.00 13U4O.00 $108.00 S30,740.00
1'M-18 STEel CASING 12" LF '50 $385.00 S117,"I8O.00 $137.80 $20.825.00 $'20.00 $18,000.00
FM-20 AIR VAClRELIEF ASSEMBLY EA 6 $4,400.00 S21,400,00 SII,300.00 131,IlOO.00 $5, '00,00 S30.1IOO.00
FM·21 OUCTA.E IRON FITTINGS L8 21,800 $11,00 $230,800.00 $10.00 1218,000,00 18,80 $207,100.00
FM-22 PLUG VALVE 24' WITH VALVE BOX EA 2 $22,000.00 $44,000.00 $18.000.00 S3II,ooo.OO $'6,000,00 138.000.00
FM·23 PLUG VAlVE 20' WITH VAlVE BOX EA 3.00 $' 8,400.00 $48,200,00 $12,700.00 S3II,100.00 $12,000.00 138.000.00
FM-24 PLUG VAlVE 12' WITH VAlVE BOX EA 4,00 13,300,00 $13,200.00 $2,7BO.00 $11.000.00 $2,800.00 $10,400.00
FM·25 PLUG VAlVE 10' WITH VAlVE BOX EA 1.00 $2,7150.00 $2,"180.00 $2,325.00 $2,3211.00 $2,200,00 $2,200.00
FM-26 PLUG VAlVE 8' WJTH VAlVE BOX EA $2,200.00 $8.800.00 $1,1100.00 SB.4OO.00 '1,øoo.00 $6.000.00
FM·27 PLUG VAlVE 6' WITH VAlVE BOX EA ",eeo.OO $14,MO.00 $1,278.00 $11 ,475.00 $1,200.00 $10.IlOO.00
....-
.,_..".._"--~.,-
...._--- --- .--"- -- -. '-'.-
COUNTY PROJECT NO. 18042
BID NO. 05-3711 Agenda Item NO.1 DC
March 8. 2005
E: County UlDltlea Page 14 of 21
Eatlnwted Af'AC Belter R_ John Carlo. Inc.
"'mNo. DHcrIptIon unit Quentlly Unit Prtce Amount Unit PrIce Amount Una PrIce Amount
FM-28 PLUG VAlVE.' WITH VAlVE BOX EA $'.100.00 $(,_00 NOD.OO $3,200.110 $7150,00 $3,000.00
FM-29 RESTRAIN EXIST 4' FM EA $21a.00 $, ,375.00 $642.50 $2,712.110 11530.00 $2.1150.00
FM-3O RESTRAIN EXIST S' FM EA 14 $330.00 54,1120.00 _.00 $8,190.00 $S7O.00 $7.980.00
FM-31 RESTRAIN EXIST 8' FM EA 6 $1550.110 $3,300.00 $1105.00 $8,430.00 18SO.00 $6,2f!O.OO
FM42 RESTRAIN EXIST 12" FM EA $770.00 $3,850.110 _.00 $(.87!5.00 $800.00 $(.soo.1IO
FM-33 RESTRAIN EXIST 20' FM EA 3 $8110.00 $2,1170.110 $2,0411.00 $8,136.00 $2.000.00 $8.000.00
~ RESTRAIN EXIST 24' FM EA S $',540.00 $12.320.00 $1,770.00 $14,180.OQ $' .700.00 $'3,800.00
FM-35 REMOVE EXIST 3' FM LF 30 $1'.00 sæo.oo $'3.50 $(05.00 $13,00 $3110.00
fM.36 REMOVE EXIST 4' FM LF so $,UO $' ,320.00 $8.7!5 $780.00 $9.00 $720.00
FM-31 REMOVE EXIST S' FM LF 4«) 118.70 $8.228.00 $IU5 54,33400 $e.oo $3.1ISO.00
FM-3S REMOVE EXIST 8' FM LF 610 $22.00 $I7,ð20.00 $'3.00 $'0_.00 $12.00 $9,720.00
FM-3S REMOVE EXIST 10" FM LF 30 W3.00 $7,590.00 $1&.16 $4N.50 $15.00 S450.oo
FM-W REMOVE EXIST 20' FM LF 30 $2UO $712.00 $20.70 $82'.00 $le.50 _.00
FM-41 REMOVE EXIST 24' FM LF 1.130 $27.50 $3' ,078.00 $1'-75 $'S, 7.5O $13.50 $'5,265.00
FM-42 GAOlfT RU. EXIST 3' FM LF ,¡ ( $8.80 _m 125.30 $',012.00 $25.00 $1,000.00
FM-43 GROUT ALL EXIST 4' FM LF 230 $7.70 $1.771.00 $'US $(_.50 $IUO $(,485.00
FM-44 GROUT FILL EXIST S' FM LF 2,700 $11.80 $23,780.00 $11.10 $2U70.OO $10.70 $28.8110.00
FM-4ð GROUT FILL EXIST 8' FM LF 370 $11.00 $(.070.00 $le.7S $7.307.50 $IUe $7,122.50
FM-4Ii GROUT FlU. EXIST 10' FM LF 470 $'8.50 $7,7155.00 $20.2S $11.517.50 $19.50 $9.165.00
FM-47 GROUT FR.L EXIST 12' FM LF 2,720 $22.00 $511,_.00 $21.00 $57.120.00 120.00 $54._.00
FM-48 GROUT FILL EXIST 20' FM LF 2,700 133.110 $l1li.'110.00 $30.60 $82.3311.00 $2U.00 $78.300.00
FM-4Ø GROUT FILL EXIST 24' FM LF 3,060 $55.00 $'l1li.300.110 $013.50 $133.110.00 541.00 $'25'-.00
FORCE MAIN SUBTOTAL $2,....,215.110 $'_,184.60 $',7011,212.50
RECLAIMED WAtER
REC-1 PIPE (PVC) 24', ClASS 165 LF 2,810 $1013.00 $0101,1130.00 $7V.50 $223,385.00 $73-00 $21IS,I30.00
REC-2 PIPE (PVC) 24'. ClASS 235 LF 4«) $UI5.00 $12.800.00 $l1e.60 $52,580.00 $112.00 $(e,280.00
... .._._._--~ ..-..- - - .. . - . .-
COUNTY PROJECT NO. 18042
BID NO. 014788 Agenda Item No.1 DC
March 8, 2005
E: County UtlI"" Page 15 of 21
E~ "PAC Better Roll. .John CmIo, Inc.
Item No. Dn«lpllon Unit Qu..,uty Un" Price Amoun! Unit Price Amount UnltPrloe Amount
REc-3 PIPE (PYC) '2', ClASS 150 LF 3.090 Sl2.50 _,l12li.00 S34.æ 1\06,832.50 130./iO 184-.00
REC04 PIPE (PVC) 12'. CLASS 200 LF 340 see.oo 128,820.00 148.00 $18,320.00 S4C.00 1".Ii8O.00
REC-S PIPE (PVC) \0", ClASS 200 LF SO $77.00 18.830.00 ..eo S3,285,00 $33.00 12.870.00
REC-S STEEL CASING 24' LF 380 _.00 _,lIIIO.00 _&.a0 1110.0'0-00 $2e2.OO ".-.00
REC-7 STEEL CASING 38' LF .000 mo.oo S308,DOO.OO $308.00 1'22,DOO.OO 1270.00 $101,000.00
REc.e DUCTILE IRON FITTINGS LB 8,350 '''.00 1111,lIIIO.00 110-00 _.00 SII./iO $7V.325.00
REC-II AIR VA~EUEF ASSEMBLY EA 4 13_.00 I1MOCI.00 S3.87S.oo 1'5.BC1O.oo 13.700.00 1,..BCIO.oo
REO-10 GATE VALVE 10" EA 1.00 12,200.00 a,aoo.OO 1''-'00 I' ,aeo.oo ".750.00 1',760.00
REC-11 GATE VALVE 12' EA 3.00 12._00 $7,1120.00 12, '>0.00 W'O.OO 12.0&0.00 $8,150.00
REC-12 GATE VALVE 24' EA 4.0 113,750.00 see.ooo.OO $11.7211.00 S4ð.1IOO.00 1",'00.00 "',400.00
REC-'3 RESTRAIN EXIST 12' RWIA EA ,. S8e0.00 '11.240.00 $8QO.OO lII,eeo.OO 1BeO.0CI 111.240.00
REO-' . RESTRAIN EXIST 18' RWM EA _.00 $7,820.00 _00 $7'-.00 seoo.oo $7,200.00
REC-15 RESTRAIN EXIST 20' RWIA EA 11,430.00 14_.00 I' .045.00 13. '35.00 11180.00 $2.1140.00
REC-'8 RESTRAIN EXIST 24' RWIA EA $1.1180.00 1\7.1120.00 11.190.00 110,710.00 ., ,100.00 111,lIIIO.00
REC-17 REIAOVE EXIST 12' RWM LF 47 S27./iO $',292.50 $13.015 1813.36 111.10 $854.80
REC-, B GROUT FILL EXIST 12' RWIA LF 3,210 S22.oo 170.820.00 120.00 184,200.00 110.00 S80,D90.00
REC-19 GROUT FILL EXIST 24' RWIA LF 3,330 $33.00 1109.1190.00 $38.00 $' 21,870.00 S37 .50 $124,1175.00
REC-2O UNDERGROUND CONCRETE CY 50 _.00 1".300.00 _.00 124_.00 $4711.00 123,750.00
REClAIMED WATER SUBTOTAL ".7'1.11017.50 51.037,1130.16 1lIIIO,0'9.110
WATER DlST1!lBlITION
W!A-1 PIPE (PVC) 20", ClASS 188 LF 3,150 $110.00 S34ð.BClO.OO $811.211 S2II',137.50 $85.00 12117.750.00
WM-2 PIPE (PYC) 20", ClASS 235 LF 580 $137.50 $711,750.00 $77.18 "',7e4.4O $73.50 142,tI3O.oo
WM-3 PIPE (PVC) 16", ClASS 185 LF eo S88.oo $7,040.00 138.75 12,I0IO.00 135.00 12,IlOO.00
WM-4 PIPE (PYC) 16", ClASS 235 LF 320 II1UO 138.1180.00 $55.16 517,1108.00 $83.00 "8.Ii8O.oo
WI!-5 PIPE (PYC) 12', ClASS , 50 LF 8,350 $77.00 _,1180.00 $82.50 $333,376.00 $80.00 S317.BC1O.oo
W~ PIPE (PYC) 12', ClASS 200 LF 1,650 _00 510115,200.00 $37.110 $82,370.00 138.00 __.00
.-
.......-.- --- ----- -- .. . -..-
COUNTY PROJECT NO. 18042
BID NO. 06-3788 Agenda Item No. 10C
March 8. 2005
E: CountyUtlItln Page 16 of 21
E8II.-cI APAC Beller ROIICI. Jolin CIrIo, Inc.
118m No. DIr.....p1Ion Unit Qu_11Iy IInb PrIc. Amounl Unb Pr.... -.... Unb PrIce Amount
WM-7 PIPE (PVC) 10'. ClASS 150 L.F 320 $1'.50 522.880.00 $301.115 '11.0118.00 133.00 t10_.00
WM-8 PIPE (PVC) 8'. ClASS 150 L.F 280 sea.oo "8,_00 121.00 '6.880.00 1131.00 ,",BOO.oo
WM-9 PIPE (PVC e', ClASS 200 LF ,eo $77.00 "3,880.00 $28.88 A.1INUO '27.50 84,1180.00
WM-,O PIPE (PVC) 8', ClASS 150 L.F eo sea.oo to.2llO.00 112.110 t1 ,008.00 '12.00 ~.OO
WM-11 PIPE (PVC) 8', CLASS 200 L.F 130 $77.00 "0,010.00 "8.110' 12.'84.00 "8.00 12,080.00
WM-12 PIPE (HOPE) e'" SDR 11 L.F ,eo sea.OO t11,88O.oo Qua ,",0lil'.00 $211.00 15Z/1O.00
WM-'3 PIPE (DI) 30'. ClASS '50 L.F e.3'0 S20Ø.00 . 1.738,71111.00 $131.78 $1,_.0111.110 11125.50 11.04208015.00
WM-'4 PIPE (01) 30". ClASS 53 L.F 150 $27!I.OO "'_.00 1153.83 S23.07UO 1108.50 t2U75.OO
WM-'5 PIPE (011 '2'. ClASS 53 L.F 220 $155.00 138,300.00 $113.40 124,_00 t108.oo $23,7110.00
WM·le PIPE (DI) e', ClASS 53 LF 140 $'''.00 $21_.00 $70.57 $ue..5O $87.30 $9,4.22.00
WM·'7 STEEL CASING 42" L.F 90 St, too.oo þ ,000.00 $358.015 $32,22UO $3011 .00 $30,800.00
WM-'8 STEEL CASING 3Ir LF 380 $848.42 _'-.80 $3117.50 "311,1150.00 S350.00 $133,000.00
WM-18 STEEL CASING 30" LF 310 1825.00 $255,7150.00 "55.311 $51,2e7.80 "57.eo $4 ,W.OO
WM-20 STEEL CASING 24' LF '.450 $5015.00 $877,250.00 _.eo $3!I3,220.00 1232.00 $3$8,_.00
WM-21 STEEL CASING 18' LF 180 8486.00 .....'00.00 "84.85 $28.67:100 $'57.00 $28.2110.00
WM-22 STEEL CASING' 4' LF 120 S-WO.OO S52,800.00 $131.711 115.6'3.80 1125.50 "5.080.00
WM·23 HDPE CASING 14' L.F 155 "55.00 $28,5711.00 $32!5.50 S50.452.50 1310.00 846.050.00
WM-24 AIR VAClREUEF ASSEMEIL Y EA 25 13.300.00 $82.500.00 13.937.50 $96.437.50 13.'/SO.OO 193.750.00
WM-25 DUCTILE IRON ATTINGS LB 139.900 $8.80 t8e1.3<O.OO 84.73 sea' .727.00 ".50 $829_.00
WM·26 FIRE HYDRANT ASSEMBLY EA le.OO 13.300.00 159.""'.00 13._.00 182.370.00 13.300.00 .......,.00
WM·ZT FIRE HYDRANT RElOCATE EA 3.00 to.500.00 116.1100.00 $10.3115.00 131.185.00 59.IlOO.00 $29.700.00
WIl4-28 20"116' TAPPING SLEEVE AND VAlVE EA 15,500.00 $5.500.00 $8.300.00 $8,300.00 18.000.00 $8.000.00
WII4-211 18'x'2" TAPPING SLEEVE AND VAlVE EA $8_.00 59_.00 $9.<60.00 $9.450.00 $9.000.00 59.000.00
WM-JO 12'x10' TAPPING SLEEVE AND VAlVE EA $8.BOO.oo $8.BOO.OO $1.875.00 $7,875.00 $1.500.00 $1,500.00
WM-31 '2'l1li' TAPPING SLEEVE AND VAlVE EA ".400.00 ......,.00 A,2IiO.00 $8,250.00 $5.000.00 ".000.00
Wt.\-32 8')(ß" TAPPING SLEEVE AND VAlVE EA 13.1150.00 $3.1150.00 ".620.00 84.520.00 "_.00 "."".00
WM-33 TEMP BACTERiAl SAMPLING STATION EA 12 11.850.00 $19.IlOO.00 $1_.00 S23.IMO.OO $1,900.00 522.BOO.OO
_;_O'MiI_,._,.",,,.",;··<,~,",';·,;;·H";C·,
- - ... - -- ._-- -.---- -.. - - . - ._-
COUNTY PROJECT NO. 11042
BID NO. 05-3788 Agenda Item No.1 OC
March 8. 2005
E: County UlnlllH Page 17 of 21
Estimated APAC ø.a.r ROIIda John Calia. Inc.
..... No. DMc:rIptIon UnIt Qu111IIIt)' Unit PrIce Amaunl UnIt PrIce Amaunl Unit PrIce Amaun!
WM-34 PERM BACTERIAL SAMP~ING ST...TION EA 6 52.710.00 $1UOO.OO $3.150.00 118.000.00 ss.ooo.oo $18.000.00
WM-35 GATE VALVE 30" EA 8.0 11311.300.00 ~AOO.oo S30,08O.oo 18013,100.00 _.000.00 5232.000.00
WM-38 GATE V...~VE 2IY' EA "4,300.00 171.aoo.00 $11_.00 I5ð. 1118.00 $10.aoo.00 $52.aoo.oo
WM-37 G"'TE VALVE 16" EA 2.0 $7.700.00 $18AOO.00 "',725.00 18,450.00 $4.ðOO.OO 10,000.00
WM-æ GATE VALVE 12' E'" 18.00 18.140.00 sao.llO.oo $I.IIG6.1IO $37,108.00 $1,800.00 138.100.110
WM-38 GATE VALVE 10' E... 4.00 $1,080.00 $7_.00 ".838.00 18.882.110 $1.aoo.00 $8,240.110
WM-40 GATE V"'~YE 8" EA 5.00 $1.MO.oo $8.2110.00 ", '66.00 aa.778.oo $1,100.00 $8.aoo.oo
WM-41 GATE V"'~YE 6' EA ".'00.00 52,2110.00 1871.80 $1.7013.00 iIII3O.OO ".660.00
WM-42 RESTRAIN EXIST 6" WM EA 5 $330.00 $1,tRIO.OO S882.5O .......10 $880.00 "'_.00
WM-43 RESTRAIN EXIST 6' WM E'" $oWO.OO $3,120.00 51,081.80 1I.N2.00 " ,030.00 $8.240.00
WM-44 RESTRAIN EXIST 10" WM E'" 20 _00 $11,000.00 _.110 ,'s,uo.oo seeo.oo $13.000.00
W~ RESTRAIN EXIST 12' WM EA I' S77Q.00 11.470.00 S7e1.2S 18.373.75 $728.00 57,975.00
WM-46 RESTRAIN EXIST 16' WM EA 18QO.00 11.930.00 $1,139.215 17,974.75 ".0lI/l.00 17.I5I1II.00
WM-47 RESTRAIN EXIST 20" WM EA 32 $1,210.00 $38,720.00 51.1118.50 S37 ,aee.oo ",130.00 $38.110.00
WM-46 REMOVE EXIST 6" WM ~F 160 516.80 52.970.00 510.80 51,890.00 $10.00 $1.IlOO.00
WM-49 REMOVE EXIST S' WM ~F 800 $15.70 $11.220.00 $10.60 $5.300.00 510.00 $8.000.00
WM-50 REMOVE EXIST 10' WM LF 60 122.00 $1.320.00 $12.10 $1M.00 $12.00 $720.110
WM-51 REMOVE EXIST 12' WM LF 2.380 12640 $82.I!32.OO $12.80 529.11111.00 $12.00 126.-.00
WM-ð2 REMOVE EXIST 2IY' WM ~F 5,960 $27 .60 51113,1125.00 $14.70 187,0165.00 $14.00 $83.300.00
WM-63 GROUT FILL EXIST S' WM LF "0 $11.00 51.210.00 513.85 51,501.110 513.00 $1.430.00
WM-64 GROUT FILL EXIST S' WM ~F 1.080 $1UO $15, '611.00 $IS.1IO $17,1108.00 516.00 $16._.00
WM-55 GROUT FILL EXIST 10" WM LF 70 $18.10 51,1611.110 516.00 51,323.00 $IS.OO 51_.00
WM·1I6 GROUT FI~~ EXIST 12' WM LF 11.160 "9.110 1220.986.00 "9.116 1222.64.2.00 $19.00 1212,040.00
WM-57 GROUT FILL EXIST IS' WM LF 1.110 $27.80 $30,625.00 126.215 12II.1:J7.1O 128.00 127._00
WM-58 GROUT FILL EXIST 20' WM ~F S.630 $30.110 S204,200.oo $31.10 $208.845.00 $30.00 S11N1,eoo.OO
WATER DISTRIBUTION BUBTOTAL 57.04Ul1.80 ....577.415.30 ....368.7117.00
-...-..--- .--- .......- -.... .. .-...-
COUNTY PROJECT NO. 16042
BID NO. 05-3788 Agenda Item No. 10C
March 8, 2005
E: County UllIIIn Page 18 of 21
Eatl_d "PAC Beller ROM/. Jalln Carto, Inc.
tt.m No. DellCrtpllon Unit QuIIntIIy Unit Price Amount Unit Price Amount Unit PrIce ~t
RAWWATSI
RWM·1 PIPE (pvC 12", ClASS 150 LF 2,960 188.00 s:æo,4IIO.00 138.81 "...110 127.25 180.Il1O.00
RWM-2 PIPE (f'VC) 12". C1.ASS200 LF 330 188.00 132.170.00 130.7' 110.'....30 $28.211 $U82,S0
RWM-3 PIPE (DI) 12', C1.ASS 53 LF 40 $137.110 $5.800.00 SM.'S $2.738..0 $86.20 $2.00II.00
RW~ STEEL CASING, 24' LF 110 11850.00 S80,IIOO.00 $181.70 117,787.00 $115<.00 118.8«>.00
RWM-6 AIR VAClREUEF ASSEMBLY EA 4 53.300.00 $13,200.00 53.1175.00 114,700.00 $3.800.00 114,000.00
RWM-6 DUCTILE IRON A'ITINGS LB 4.800 $8.110 $42,240.00 sua 547.80'.00 S9.ðO 546.800.00
RWM-7 GATE VALVE 12' EA 3.00 $2,780.00 $8,2S0.00 $2.100.00 $8.300.00 $2.000.00 $8.000.00
RWM-8 PIPE RESTRAINT FOR EXIST PIPE EA 31.00 S8IIO.OO S27.28D.oo S708.75 S21,871.211 $878.00 S20,II28.00
RIYM-II REMOVE 12' DI PIPE LF 1.250 $,UO S20.1126.00 "2.110 $IS.711O.00 $12.00 $15.000.00
RWM-10 GROUT FILL 12" DI PIPE LF 2,450 $22.00 Sð3.1IOO.00 117.115 $43,732.110 $17.00 541.8110.00
RAW WATSI SUBTOTAL $82.c,B4ð.00 S255.7OUJIi $253.03UO
00994-vrL COUNTY UTILITY ITEMS AlLOCATION FIXED $ 850,000.00 $850,000.00 $ 850,000.00 $850,000.00 $ 850,000.00 $850.000.00
COUNTY UTILITY ITEMS TOTAL .."",,.. 513,095.8'0.$1 58.573,203,70 58.130.064.60
...~"",""""...,,,,¡¡¡¡¡¡;'''';+¡'¡¡,--.,.--,"..,,,,,,,..,,,;....,.,,...,
.---.--.....-. .
IMMOKALEE ROAD· US .-110 1·71
COUNTY PROJECT NO. HCMI Agenda Item No. 10C
liD NO. 0IH788 March B, 2005
Page 19 of 21
F: STRUCTURE ITEMS
EelIIIIIIeCI APAC -- John c.rto, Inc.
Item No. DncfIDtIon Untt 0\Mn1lly una PrI.. Amounl UnIIPrIoI - UnIIPrIoI _nl
lIT................ -'1WW 11'0' R.C.IIOX CULVI!IIT
110-3 REMOVAL 01' I!XIST1NG STII\JC'T\mES 18 13,_00 13.11110.00 13.175,00 13,61S,00 suoo.oo S3,IOO,OO
011»+1 C1..ASS IV CONCÆTE (ClA.VERTS) CV 58 11,314.50 178.2A' ,00 11,254,75 S72.m,1IO '1,1"'00 $811,310,00
.15-,.. REINFORCING STEEL (CULVEIITS) 18 10,1114 '1,10 "',2(111,40 11,06 '10._20 .,.DO 110,1&1,00
~70-1 ALUMINUM RAlUNG (SlNGL.£) LF &I 1711.00 ",100,00 $25,20 11.812.10 '103.00 18,5112.00
1121-5-. CONCRETE TRAFFIC BARRIER (32" VERTICAL) LF &I $',3.10 17 .æ1.20 1108,18 ",121.10 ....,00 $2,810.00
lIT&.. 1Ø'1a.1.A1.1. '1"IIIN 1G'O' R C BOX CULV'I!!IIT
111)·3 REMOVAL OF EXIST1NG STRUCT\JRE8 LS 13,IISO,OO S3,1ISO.00 13,878,00 S3.1175,00 S3.SOO,OO 13,500.00
~·1 CI.ASS IVCONCFIETE (CULVERTS) CV S3 11.388.30 172.000.110 11,211e.78 ".727.75 '1,236.00 185,o15S.OO
".5-1·8 RElNFOACING STEEL (CULVERTS) L8 8,708 $1.10 17 ,37U10 $1.(15 17,CMoC..s 11.00 $6.708.00
~70-' ALUMINUM RAILING ISlNGLE) LF 78 $7&.00 $6,700.00 $215.20 11 ,1118.20 $48.00 13,0120.00
521·5-« CONCRETE TRAA'IC BARRIER (32" VI!RTICAL) ~F 78 1113.30 '8.0'0.110 '108.18 $6.210.40 1103.00 17.828.00
aT" 1.,+10.. SLAllIIRIDGE
125-1 EXCAVATION FOA STRUC'ruRES cv 016 I38.SO $1,732.110 $38.711 ",883,78 $38.00 11,878,00
-..... CLASS IV CONCRETE (SUPERSTRUCTURE) CV $788.110 ",7'11.00 17110,78 1M$4.ao 1715.00 ".210.00
<100+8 C1..ASS IV CONCRETE (SUBSTRUCTURE) CV 22 11M 1 ,110 118.813.00 $103.215 '17,871.ao 1785.00 118.830.00
.'15-'''' REINFORCING STEEl. (SUPERSTRUCTURE) L8 1,208 suo $1,325.110 11.08 II ,216.215 '1.00 " ,208.00
.'5-'-5 REINFORCING STEeL (SU8STRUCTURE) L8 2,300 11,'0 12.1530.00 $1.(15 $2,.'8.00 11.00 $2.300.00
~70-1 ALUMINUM RAILING (SINGLE) LF ... $7&.00 13.IlOO,00 $28.20 ",209.110 $48,00 $2,1110.00
521-5-« CONCRETE TRAFFIC BARRIER (32" VERTICAL) LF ... $113.30 IM3UO $1011,'5 18,1111.20 $103,00 $4,~.OO
738·72·13 PIPE PILE CAPS EA $21,087.00 IIM,_OO $20,128,110 S80,8'..00 521,ODD.00 IIM,OOOOO
cVlÞRa.. WAY LtST PIP!. CRDSIIINQ
73&-72·13 PIPE PILE CAPS EA $18,844.00 $7a,376.00 $18.1N2.00 $78,788.00 '111,000.00 $76,000.00
STA. 11S&+11.111 TRIPL..I! ,....·x.'....· A..C IIOX CULveRT
11~3 REMOVAL OF EXISTING STRUCTlJRES LS 18.1111.00 18,115.00 ",sæ.50 $4,112.110 18.000.00 18.000.00
011»+1 CLASS IV CONCRETE (CULVERTS) cv .os 13.287.00 $1,",,461.00 13,'IUO ":M,08II.1IO 13,IlOO.00 $1110,500.00
...1&o1..a REINFORCING STEEL (CULVERTS) L8 8,570 '110.00 S722,700.00 11.011 $8_,110 ".00 18,570.00
MODIIIIe&TION OF AlRPðAT...........uNQ ROAD BAIÐOI!!
lOCI-I MAINTeNANCE OF TRAFFIC LS 116,4eO.00 116.<180.00 1118.158.00 '1111,815e.00 sao.ooo.OO sao.ooo.oo
TR·P· 2/aIOII
.,.....
.-----.....-. .
IllMOKALEE ROAD . US 41 to 1-75
COUNTY PROJECT NO. 81042 Agenda Item No. 10C
liD NO. 05-3788 March 8. 2005
Page 20 of 21
F: STRUCTURE ITEMS
bt_ APAC _Ro_ JaM Cotto, Inc.
tIam No. Duct1D1lon Unn ~ Unn PI1ce Amount Unit PI1ce - Unit I'rI.- Amount
11~3 REMOVAL Of' EXISTING STRUCTURES LS $53_.00 153.240.00 150,120.00 $10.1120.00 _DOO.OO 550.000.00
120-4 EMBAHIOoIENT CV 50 $27.50 ".375.00 1211.211 '1.31Z.!O _00 " ,2&0.00
12&-1 EXCAVATION FOR smuc"T\JRES r:v 10 $IUO " ,320.00 $15.711 $1,2&0.00 $15.00 $1.200.00
3110-1 CONCRETE APPROACH SLABS EA '14,520.00 $28,0010.00 $13.eeo.OO $27,720.00 $14,500.00 $:29.000.00
~ ClASS IV CONCRErE (SUPERSTRUCTURE) CY ... '1.0811.00 "04'-.00 $1,0118.50 _,m.oo $1.100.00 $1œ.1IOO.00
4OO+a ClASS IV CONCRETE (SUBSTRUCTURE) CY 34 ",I!72.00 __.00 $1,&118.00 $ð4,2M.00 $1,IlOO.00 $501,400.00
400-1211 BEARING PADS (NEOPRENE) EA $1_.00 $1,3112.00 $1.784.00 $7.058.00 '1.700.00 $0,100.00
...,11-,... RElNI'OACING srea (SUPERSTRUCTURE) LB 28,_ $1.10 $:29.363.50 $1.015 S28,oI8.2S $1.00 128'-.00
...,6-,..a RElNFOACING STEEl. (SUBSTRUCTURE) L8 3,795 $1.10 $4.174.50 $1.015 $3,8M.78 $1.00 $3.7115.00
45S-150Z PREFORIIED PIl£ HOlES EA 10 $1,122.00 $11.220.00 $1.m1.00 $10.710.00 ".100.00 $11.000.00
_3 PRESTRESSED CONCRETE PILES (laxll) FlJRNlSHEDIDIIIVEN Lf - 11 CO.BO $16,7....00 '13<..0 $91._00 $130.00 $88.400.00
52'·73 TRAFFIC BARRIER REMOVAL Lf 281 S1D'.2Q 128,4 'UO 188.110 1211,212.110 $112.00 $24,012.00
STA.. 1'...... TO ITA.. 1'..... GRAVITY ~AlNWQ WAU..
400-1·11 ClASS I CONCRETE (RETAINING WALLSI CV :MO '1.000.00 S340.000.00 $118.00 $280._00 $340.00 $118,100.00
847·70-2 ~A8RIC FORMEO CONCRETE RIPRAP $V 3,328 193.110 $310,887 ßO StIC.oo S289,2!O.00 $48.00 $148_.00
ST&...'~ 7m AT.L 'DM+Oð~ ~AJNlNQ WALL
oIœ-!·11 ctASS IV CONCRETe (RETAINING WAU.S CY 120 $3,201.00 $3&1.120.00 $3.08IJ.00 $388.800.00 .2.810.00 $348.200.00
847·7()02 FABRIC FORMED CONCRETE RlPRAP SY 178 I93.so $18,382.50 $81.00 $18.878.00 $88.00 $14.878.00
1.A1Cm.AHD AWNUI! a"OOE PlPI!: aUPPORTa
480-2·18 STRUCTURAl. STEEL !MISC PIPE SUPPORTS Las ..., "'00 1211,_.00 $10.50 $4.830.60 $1110.00 see.150.oo
CC~ STRUCTURE ITEMS ALlOCATION FIXED 30,000,00 $ 30.000 .00 S 30.000.00 S 30,000.00 $ 30.000.00 S 30.000.00
STRUCTURE ITEMS TOTAL $2,8'7._40 $2,018.225.80 $1,712._.00
TR·P·f
218108
"'''~"--"¡,.._..,''''"..,".",,','''''";'''~,
BID TAB
IMMOKAlEE ROAD· U.S. 41 TO 1-75
COUNTY PROJECT NO. 8G042
BID NO. 05-3788
Agend'¿>?fe"lnDl. !1oN01 ÒC
March 8, 2005
Page 21 of 21
..... 17
APAe httIIr Road. John Carlo
A: ROADWAY ITEMS TOTAL $22,144,n2.18 $19,840,8&2.&3 $14,180,734.25
B: SIGNING AND PAVEMENT MARKING ITEMS TOTAL $219,316.90 $225,488.55 $217,1186.73
C: SlGNALlZA110N ITEMS TOTAL $1,4H,705.2O $1,289,279.58 $1,m ,700.150
D: LIGHTING ITEMS TOTAL '1,187,485.00 $971.255.80 $1 ,028,229.35
E: COUNTY UT1L1TY m:MS TOTAL $13,095,8n.93 $8,573,203.70 $8,130,D84.60
F: SlltUCTURE ITEMS TOTAL 52,817,738.40 $2,019,225.80 $1,712,344.00
TOTAL CONTRACT BID
$40,941,875.61 $32,999,096.96 $26,947,039.43
Y Y Y
Y Y Y
Y Y Y
Y Y Y
Y y Y
Y Y Y
Y Y Y
MATERIAL MANUFACTUReRS
LIST OF SUBCONTRACTORS
STATEM~NT OF EXPERIENCE OF IIDDER
CONFliCT OF INTEREST
110 BOND
TRENCH SAFETY
__(YIN)
I=.-::.-z:~~;:l,
-.-.
Agenda Item No.1 00
March 8, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve "REQUEST FOR PROPOSAL" RFP #05-3770, to be posted
to solicit bids for "Design-Build" services for capacity improvements to Immokalee Road
from immediately westofI-75 to immediately east of CR 951 Collier Boulevard", County
Project No. 69101
OBJECTIVE: To obtain Board approval to post the RFP to solicit bids from consulting firms
for professional "Design I Build" services for the six-Ianing of Immokalee Road from 1-75 to CR
951 Collier Boulevard.
CONSIDERATIONS: With both the east and west ends of this stretch of 1mmokalee Road
being expanded to six lanes or in the process, it is necesssary to expand this section of 1mmokalee
Road to six lanes in order to maintain an appropriate level of service. The CR 951 Collier
Boulevard intersection is also in need of improvement, and predicted traffic growth makes these
improvements an even greater priority. An invitation to qualify (ITQ#05-3770) was issued for
the purpose of establishing a list of finns capable of providing professional "Design I Build"
services to the County for this project. A staff selection committee is in the process of reviewing
qualifications for the purpose of shortlisting the finns and subsequently issuing a Request for
Proposals (RFP) to the shortlisted finns, each of whom will be asked to submit a constructable
design and project schedule
The RFP will be issued in accordance with Florida Statutes, Section 287.055, Consultant
Competitive Negotiation Act, and will be publicly advertised in March 2005. The staff selection
committee will review the proposals and submit an award recommendation to the Board at a
subsequent meeting.
A stipend should be considered in the amount of $50,000 each to be provided to the two (2)
unsuccessful short listed firms from the RFP process. The stipend is offered to help offset a
portion of the unsuccessful finn's cost to develop their design and to enable the County to
purchase rights to incorporate any infonnation from their proposal in the final project. While the
use of Design-Build is new to Collier County it is a common project delivery method throughout
the industty and has been widely used with success by Florida DOT to obtain the highest quality
product possible.
FISCAL IMPACT: . There is no fiscal impact associated with posting the RFP. The original
budget allowance for this projcet was $8.4 million for both design and construction. New
anticipated cost with the addition of the 1-75 interchange could reach $16 million. The project
will be funded through gas taxes and impact fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with posting the RFP.
RECOMMENDATION: That the Board of County Commissioners: (1) Authorize staff to post
the RFP to solicit bids from finns to provide DesignlBuild services, (2) Authorize staff to include
a stipend in the RFP for this project.
,-
PREPARED BY: Michael A. Greene, EJ.T., Project Manager, TECM Department
Agenda Item No.1 00
March 8. 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
10D
Recommendation to approve RFP #05-3770. to be posted to solicit bids for "Design-Build"
services for capacity improvements to Immokalee Road from immediately west of 1-75 to
immediately east of CR 951 Collier Boulevard" County Project No 69101
3/8/2005900:00 AM
Item Number
Item Summary
Prepared By
Date
Transportation Services
Project Manager
Transportation Engineering &
Construction Management
2/17/20054:31:23 PM
Michael Greene
Approved By
Michael Greene
Project Manager
Transportation Engineering &
Construction Management
Date
Transportation Services
2/18/2005 2:09 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportion Services
Transportation Administration
2/23/2005 10:59 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
2/24/200511:11 AM
Approved By
Notm E. Feder. AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
2/2412005 1 :40 PM
Approved By
Brenda Brilhart
Purchasing Agent
Date
Administrative Services
Purchasl n9
2/24/2005 1 :57 PM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
2/24/20053:41 PM
Approved By
Mike Hauer
Acquisition Manager
Date
Administrative Services
Purchasing
2124/2005 3:48 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
2125/2005 8:52 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
2/25/2005 10:43 AM
Approved By
,..,....
OMB Coordinator
Administrative Assistant
Date
Agenda Item No, 100
March 8, 2005
Page 3 of 3
County Manager's Office
Office of Management & Budget
2/25/2005 10:49 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
2/25/2005 2:22 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3/1/20D5 11 :18 AM
Approved By
Leo E. Ochs. Jr.
Deputy County Manager
Date
Board of County
ComJT1issioners
County Manager's Office
3/2/2005 8:04 AM
Agenda Item NO.1 DE
March 8, 2005
Page 1 of 4
","'"''''''
EXECUTIVE SUMMARY
Adopt a Resolution of the Board of County Commissioners of Collier County, Florida,
directing that ad valorem revenues (generated from .15 mils) be dedicated to Collier
County's Stormwater Utility for fiscal year 2006 and for the next nineteen fiscal years.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to adopt a
Resolution directing ad valorem revenues, generated from .15 mils - approximately $7,000,000
per year, starting in FY 2006 and for the next 19 consecutive fiscal years, to fund the Collier
County Stormwater Utility and for the Chairman to sign this Resolution.
CONSIDERATIONS: In 1991, the Board of County Commissioners approved Ordinance 91-27,
establishing a Stormwater Utility for Collier County. Since then, the General Fund has provided
financial support to the Stormwater Management program. The effort has been covering capital
costs for minor Stormwater replacements, rehabilitations and expansion of existing facilities.
Today, several factors are influencing the cost of Collier County's Stormwater Management
program, among them, Local, State and Federal Stormwater regulations, population growth,
water quality concerns, and inflation. These factors have driven Collier County's Stormwater
expenses from $1.23 million in FY-92 to an estimated $8.7 million in FY-05 (before reserves).
__ On June 22, 2004, The Board of County Commissioners approved item 10G of the County
Manager's Report entitled "Recommendation to Adopt a Stormwater Funding Policy for the
Capital Improvement Program to ensure adequate flood protection and water quality, estimated
fiscal impact of $140 million from Collier County with a total of $346 million over the next 20
years". The Board also concurred with the overall funding program outlined in TABLE 1 and, at
a future date, would pass the establishment of a Stormwater Utility with .15 Mils dedicated from
Ad Valorem to fund the Utility.
TABLE 1
Recommended Stormwater Utility Funding Plan
Proposed Funding Sources
Estimated 20 - Big Cypress
Year Expenses County 1 Basin Msnf Grants3
(In millions) (In millions) (In millions) (In millions) (In millions)
Capital Projects $ 200 $67 $67 $67
Tertiary Systems (swales) $ 130 $65 $65
Tidal Receiving Areas $16 $8 $8
$346 $140 $75 $67 $65
1 County funded via .15 mils ad valorem estimated to generate approximately $7 million annually for 20 years.
2 After initial rehabilitation of the tidal areas, MSTU's will be responsible for operation and maintenance.
3 With a dedicated funding source, there will be more opportunity to secure grant funding. MSTU Funding will be
utilized as appropriate and as approved by the BCC.
.-
NOTE: County's cost share, within any given watershed, is not to exceed 1/3 for Capital Improvements, 1/2 for
Tertiary systems and 1/3 for Tidal areas.
Agenda Item No. 1 DE
March 8, 2005
Page 2 of 4
FISCAL IMPACT: Funding of the Stormwater Utility by dedicating .15 mils of ad valorem
revenue represents a fiscal impact of approximately $7,000,000 (Seven Million Dollars) per year
for 20 years, starting in FY 2006 and for the next 19 consecutive fiscal years.
GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Adopt the attached Resolution dedicating Ad Valorem revenues generated from .15 mils, to
fund the Stormwater Utility, starting in FY 2006 and for the next 19 consecutive fiscal years.
2. Authorize the Chairman to execute same on behalf of the Board.
Prepared by: Ricardo A. Valera, P. E. - Director
Stormwater Management Department
-
Attachments: Resolution
-
Agenda Item No. 10E
March 8, 2005
Page30f4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
10E
Meeting Date
Recommendation to adopt a Resolution of the Board of County Commissioners of Collier
County, Florida directing that Ad Valorem revenues (generated from .15 mils) shall be
dedicated to Collier County's Stormwater Utility for Fiscal Year 2006 and the next nineteen
fiscal years.
3/8/2005 900:00 AM
Prepared By
Date
Ricardo Valera
Director
2/22/20059:30:02 AM
Transportion Services
Road Maintenance/Stormwater
Approved By
Ricardo Valera
Director
Date
Transportion Services
Road Maintenance/Stormwater
21221200511:14 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
2122/2005 11 :30 AM
Approved By
Gerald Kurtz
Senior Engineer
Date
Transportion Services
Road Maintenance- Stormwater
2/24/2005 11 :43 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
2/24/2005 1 :50 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
2/24/2005 2:57 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
212512005 11: 17 AM
Approved By
Susan Usher
Senior ManagementJBudget Analyst
Date
County Manager's Office
Office of Management & Budget
2128/20059:09 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
2/28120059:33 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
2/28/2005 11 : 28 AM
.-
__,._...,..L._______~_."
RESOLUTION NO. 2005-
Agenda Item NO.1 DE
March 8, 2005
Page 4 of 4
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, DIRECTING THAT AD
VALOREM REVENUES (GENERATED FROM .15 MILLS) SHALL
BE DEDICATED TO COLLIER COUNTY'S STORMWATER
UTILITY FOR FISCAL YEAR 2006 AND THE NEXT NINETEEN
FISCAL YEARS
WHEREAS, In Collier County Ordinance No. 91-27, ("The Collier County Stormwater
Utility Ordinance"), the BCC concluded that it was necessary to undertake a
stormwater management program ("Program") and thereby created a "Stormwater
Utility" to set aside funds to pay for the Program; and
WHEREAS, the Stormwater Utility is an enterprise fund to operate, maintain and
improve the County's stormwater management and capital improvements thereto; and
WHEREAS, Ordinance No. 91-27 established the "Stormwater Utility Enterprise Fund"
to account for all revenues, expenditures, assets, eamings of the utility, in which all
revenues from the stormwater utility shall be deposited, and that such monies shall, in
order of priority, (i) pay the costs of operations and maintenance, (ii) debt service, and
(iii) extension and replacement of the system; and
WHEREAS, depositing these ad valorem tax revenues as directed herein will dedicate
to the Stormwater Utility anticipated monies of at least $7 million for fiscal year 2006
and for each of the County's next nineteen fiscal years; and
WHEREAS, depositing these ad valorem tax revenues (the amounts determined by
applying .15 mills of these ad valorem taxes) into the "Stormwater Capital
Improvement Fund - Fund 325" is an internal dedication of these that does not reduce
or increase the total ad valorem tax revenues to be collected by Collier County; and
WHEREAS, to the greatest extent allowed by law, this Resolution irrevocably
dedicates these tax revenues to the County's Stormwater Utility, including with regard
to acquiring grant monies, issuing bonds, and implementation of the Stormwater
Capital Improvement Program.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. All of the County's applicable officers and employees are hereby directed that
the dollar amounts of the County's ad valorem tax revenues received in Fiscal
Year 2005 and for the next nineteen fiscal years (resulting from applying in
each fiscal year a millage rate of .15 mills), shall be dedicated to the County's
Stormwater Utility by depositing these revenues into "Fund 325 - The
Stormwater Capital Improvement Fund"
2. This Resolution shall take effect immediately upon adoption.
ADOPTED this _ day of March 2005 after motion, second and majority vote
favoring adoption.
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:
Thomas C. Palmer,
Assistant County Attorney
Agenda Item No. 10F
March 8, 2005
Page 1 of 57
,....'..-
EXECUTIVE SUMMARY
Recommendation to authorize the purchase of long lead-time equipment, to approve the
award of Contract #05-3743 and Bid #05-3738, and to approve the necessary Budget
Amendment for upgrades and modifications to the Lime Softening Water Treatment Plant
Process at the South County Regional Water Treatment Plant, Project 700571, in the amount
of 53,943,270.
OBJECTIVE: The public purpose is to improve safety of plant personnel, ensure compliance,
enhance operational efficiencies, improve reliability to the existing lime softening water treatment
process, and increase distribution pump capacity at the South County Regional Water Treatment
Plant (SCRWTP). The scope of the project will include refurbishing equipment within the existing
Chemical Building, upgrading high service pumping equipment and electrical controls, adding
chlorine ton-cylinder scales, and adding a containment curb around the odor control process. These
efficiency improvements and upgrades to the plant will result in cost savings due to the reduction in
the amount of needed chemicals and electricity while also increasing the plant reliability.
-
CONSIDERATION: When the South County Regional Water Treatment Plant's Lime Softening
facility was built in 1984, it was the County's only regional water treatment plant. The plant and
equipment have been the backbone of the County water treatment system as a consistent and
reliable producer of potable water at a rated capacity of 12 million gallons per day. As the
workhorse of the County water treatment plants, there has been little opportunity for much needed
modernizations and improvements. Only now, due to the recent commissioning of the 8-MGD
(rated capacity) Reverse Osmosis (RO) process trains at the SCRWTP, does staff have the
opportunity to rehabilitate the legacy lime softening process equipment for modernization.
These planned upgrades and modifications will help prevent the unanticipated loss of production
capacity due to equipment failures. Operational experiences that justify this scope of work are
detailed in an Addendum to this Executive Summary: "Historical Operations Experience". Pictures
of the deteriorated condition of the plant equipment are also included as an available attachment to
this Executive Summary package.
The scope of work includes the following proposed upgrades and modifications to the lime
softening plant processes at the SCR WTP and is further detailed in an addendum to this Executive
Summary: "Scope of Work Details".
· High Service Pump - replacement of three (3) pumps and motors, and other upgrades
· Chemical Building modifications to building and systems
· Chlorine Building upgrades - new seven (7) cylinder scale
· Odor Control System containment modifications
Details and justifications for the purchases of long lead-time sole-source equipment and for the
competitively bid equipment and services are included in an addendum to this Executive Summary:
"Acquisition Strategy and Funding Sources".
-
On December 16,2003, Agenda Item No. 16(C)13, the Board approved Work Order CDM-FT-04-
02 to Camp, Dresser & McKee, Inc., (CDM) for utility engineering services in the amount of
$690,664 to design plant improvements. Project 700571, Facility Renewal and Replacement is
consistent with the 2003 Update to the Water Master Plan as adopted by the Board on May 25, 2004
Executive Summary
SCRWTP Lime Softening Process - Upgrades & Modifications
Page 20f3
Agenda Item No.1 OF
March 8, 2005
Page 2 of 57
as Agenda Item 10 D. However, the scope of the modifications and upgrades was not specifically
identified in the Plan.
Project 700571, Facility Renewal and Replacement, was originally budgeted in FY02 to include
needed capital improvements at the NCRWTP, the SCRWTP, the wellfields and the remote water
pumping facilities. The FY02 through FY04 plans called for a total budget of $1,817,000. Through
the years these funds were used for a multitude of needs, including: fencing, rehabilitation of the
fuel tank at the Raw Water Booster Pump Station, purchase of plant motors, electrical maintenance
and testing, and several well acidifications. Only $355,000 remains available in the FY05 budget
for Project 700571. The scope of services requested in this Executive Summary was not
specifically contemplated in the FY05 budget submission. Details on the proposed Budget
Amendment and funding sources are included in an addendum to this Executive Summary:
"Acquisition Strategy and Funding Sources".
Summary of estimated project costs:
-
Pro' ect Item
Allen-Bradle VFD's - Rexel Mader
Flowserve um & motor assemblies, installation, and testin - Carter & Ve lanck
Allowance for relining of pum cans. Requires rior County staff approval.
Bid 05-3738 Valves & a urtenances - Carter & Ve lanck
Bid 05-3743 Mitchell & Stark Construction, Inc. General Contractor services.
Subtotal
5% Allowance for unforeseen conditions.
Total
Costs
$ 150,000
$1,347,389
$ 288,000
$ 46,606
$1,923,500
$3,755,495
$ 187,775
$3,943,270
The Clerk of Courts, Finance Department, has reviewed the infonnation contained in this Executive
Summary and the corresponding attachments.
FISCAL IMPACT: The cost of this project for equipment and construction services is $3,755,495
plus a 5% allowance of $187,775 for contingencies (requires prior County approval) for a total of
$3,943,270. Currently only funds in the amount of $355,000 remain available in Project 700571,
Fund 412 User Fees. The $355,000 was carried over from previous years. This current project
scope was not contemplated in the FY05 budget. A Budget Amendment is needed to transfer funds
in the amount of $3,588,270 from other Water Capital Projects (Fund 412 User Fees). Details on
the proposed Budget Amendment and funding sources are included in an addendum to this
Executive Summary: "Acquisition Strategy and Funding Sources".
GROWTH MANAGEMENT IMP ACT: This project has no ìmpact on the Growth Management
Plan.
-
Executive Summary
SCRWTP Lime Softening Process - Upgrades & Modifications
Page 3 of3
Agenda Item NO.1 OF
March 8, 2005
Page 3 of 57
RECOMMENDATION: Staff recommends that the Board of County Commissioners, as the
Ex-officio Governing Board of the Collier County Water-Sewer District:
1. Waive fonnal competition and approve:
. The purchase of three (3) Allen-Bradley Variable Frequency Drives (VFDs) for the
estimated purchase price in the amount of $150,000.
. The purchase and installation of three (3) Flowserve Pumps, Inc., high service pumps
and motors by the Industrial Service Group of Flowserve Pumps/Carter & Verplanck as
well as the installation of valves, additional piping, and appurtenances for a total cost in
the estimated amount of $1,347,389. Plus approval of an allowance forrelining of pump
cans for a cost in the amount of $288,000 that requires prior staff approval. Total
approval is requested for a total cost in the amount of $1,635,389 for the Industrial
Service Group of Flowserve Pumps/Carter & Verplanck equipment and services.
2. Approve purchase of valves and appurtenances ftom Carter & Verplanck, Inc., per Bid No.
05-3738 in the estimated amount of $46,606.
-
3. Approve award of construction services contract and authorize the Chairman to execute the
standard construction agreement with Mitchell & Stark Construction, Inc., after County
Attorney review, per Bid No. 05-3743 in the estimated amount of $1,923,500.
4. Approve the necessary Budget Amendment to transfer funds to complete lime softening
process improvements and upgrades at the SCRWTP, Project 700571 in the total amount of
$3,588,270.
PREPARED BY:
Karen B. Guliani, P.E., Public Utilities Engineering, Senior Project Manager
-
Agenda Item No.1 OF
March 8, 2005
Page 4 of 57
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
10F
Recommendation to authorize the purchase of long lead-time equipment, to approve the
award of Contract #05-3743 and Bid #05-3738, and to approve the necessary budget
amendment for upgrades and modifications to the Lime Softening Water Treatment Plant
Process at the South County Regional Water Treatment Plant, Project 700571, in the amount
of $3,943,270,
3/8/20059:0000 AM
Item Number
Item Summary
Prepared By
Date
Karen S. Guliani, P.E.
Senior Project Manager
217120058:09:27 AM
Public Utilities
Public Utilities Engineering
Approved By
Peter Schalt
Senior Project Manager
Date
Public Utilities
Public Utilities Engineering
2/8/2005 3:44 PM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
2/9/2005 11 :28 AM
Approved By
Roy S. Anderson, P.E.
Public Utilities Engineering Director
Date
,..,...
Public Utilities
Public Utilities Engineering
2/11/20051:08 PM
Approved By
Mike Hauer
Acquisition Manager
Date
Administrative Services
Purchasing
2/23/2005 1 :06 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
2/23/2005 2:31 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
2/24/2005 12:01 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
2/25/200510:31 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
2/25/2005 11: 11 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/1/20058:21 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
·"''"''''''~''_''~''_'¡.'''''''''''''"',"",,","_,.,I,·:,"..~·_'i· .
County Manager's Office
Agenda Item No. 10F
March 8, 2005
Page 5 of 57
Office of Management & Budget
3/112005 11:17 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
311/Z005 3:01 PM
Addendum to Executive Summary
SCRWTP Lime Softening Process - Upgrades & Modifications
Page 1 of 1
Agenda Item No.1 OF
March 8, 2005
Page 6 of 57
ADDENDUM TO EXECUTIVE SUMMARY
Historical Operations Experience
Recommendation to authorize the purchase of long lead-time equipment, to approve
the award of Contract #05-3743 and Bid #05-3738, and to approve the necessary
Budget Amendment for upgrades and modifications to the Lime Softening Water
Treatment Plant Process at the South County Regional Water Treatment Plant,
Project 700571, in the amount of $3,943,270.
These planned upgrades and modifications will help prevent the unanticipated loss of
production capacity due to equipment failures. Operational experiences that support this
scope of work include:
On July 14,2004, the SCRWTP experienced a pump can failure for High Service Pump
#6. To maintain production, the plant staff implemented over $17,000 of emergency
repairs. Even more importantly, High Service Pump #6 was not available for over a
month resulting in loss of backup pumping capability. The high service pumps distribute
water from both the 12 MOD lime softening process plant and the 8 MOD reverse
osmosis process plant at the SCRWTP site. Five high service pumps are needed to
maintain full water distribution capability; therefore, it is critical for plant operation to
have all six high service pumps available. As a result of the July 2004 pump can failure;
this project includes an evaluation of all six high service pump cans. The evaluation will
include recommendations for improvements if required, that can be completed within the
scope of the construction services.
These upgrades and modifications also include replacing outdated and aged equipment
and will also enhance personnel safety by improving ventilation. For example, the
existing chemical feed systems are over twenty (20) years old, and are corroded and
undersized. The deterioration of the equipment has been recently accelerated due to the
increased high humidity conditions in the Chemical Building. For years, the outside
doors were typically left open for ventilation, but since "9/11" the required enhanced
security procedures require the Chemical Building doors to be closed and locked. This
results in a more humid and corrosive environment This project will also add ventilation
fans and louvers to improve plant personnel safety.
Pictures of the deteriorated condition of the plant equipment are included as an available
attachment to this Executive Summary package.
Addendum to Executive Summary
SCRWTP Lime Softening Process - Upgrades & Modifications
Page 1 of2
Agenda Item No. 10F
March 8, 2005
Page 7 of 57
ADDENDUM TO EXECUTIVE SUMMARY
Scope of Work Details
.Recommendation to authorize the purchase of long lead-time equipment, to approve
the award of Contract #05-3743 and Bid #05-3738, and to approve the necessary
Budget Amendment for upgrades and modifications to the Lime Softening Water
Treatment Plant Process at the South County Regional Water Treatment Plant,
Project 700571, in the amount of $3,943,270.
High Service Pump - replacement of three (3) pumps and motors, and other upgrades:
· The new larger pumps with variable frequency drives (VFDs) are
better able to match production with demand.
· Larger size pumps will provide increased pumping capacity and
provide additional pumping capacity for reliability with the addition of
the SCRWTP reverse osmosis treatment plant.
· The existing pumps will be removed and packaged for emergency use
or be available for installation at alternate locations as future needs
arise.
· Inspections of the remaining existing pump cans and relining, if
necessary, to increase essential equipment reliability.
· Modification and upgrade of the 20" common header piping, valves,
fittings, and supports to improve system function.
Chemical Building modifications to building and systems:
· Installation of new fans and ventilation louvers will improve
ventilation for personnel safety while the building doors are closed.
· The new polymer system will provide reliability and redundancy in the
chemical feed system.
· New doors and louvers to replace the existing deteriorated ones will
provide enhanced security.
· Installation of a new air conditioning system in the Chemical Building
electrical room will dehumidify the air and increase the useful life of
electronic components.
Chlorine Building upgrades - new seven (7) cylinder scale:
· Modifications and a new chlorine scale will increase chlorine storage
capacity by 30 percent.
· The existing 4-cylinder scale will be packaged and transported to the
North County Regional Water Treatment Plant (NCRWTP) for future
installation and use; providing increased chlorine storage capacity at
this plant. This will save the County the purchase of an additional
chlorine scale needed at the NCRWTP.
Odor Control System containment modifications:
'*_~",'~WI_~._;,.....",";,;-",,·,.
Addendum to Executive Summary
SCRWTP Lime Softening Process - Upgrades & Modifications
Page 2of2
Agenda Item No.1 OF
March 8, 2005
Page 8 of 57
· Installing reinforced containment curbs will provide additional spill
protection for personnel and environmental safety.
· Rehabilitation of the sump pumps will provide a disposal option for
spills and rain runoff for additional personnel and environmental
safety.
· Embedment of electrical grounding system wiring in the concrete
containment slab will eliminate trip hazards, improving plant
personnel safety. The large diameter ground wiring currently lays on
top of the odor control concrete slab in a random pattern.
-
Addendum to Executive Summary
SCRWTP Lime Softening Process - Upgrades & Modifications
Page lof6
Agenda Item No.1 OF
March 8, 2005
Page 9 of 57
ADDENDUM TO EXECUTIVE SUMMARY
Acquisition Strategy and Funding Sources
Recommendation to authorize the purchase of long lead-time equipment, to approve
the award of Contract #05-3743 and Bid #05-3738, and to approve the necessary
Budget Amendment for upgrades and modifications to the Lime Softening Water
Treatment Plant Process at the South County Regional Water Treatment Plant,
Project 700571, in the amount of $3,943,270.
County staff along with Collier County's consultant, CDM, developed the scope-of-work
for the Collier County SCRWTP Modifications and Upgrades. The scope objective was
to maximize the County's investment at this site with the existing equipment and modify
the high service pump station with the same brands of equipment to meet the County's
needs. This will allow for standardization and seamless operation in the future.
The SCRWTP has an existing distribution pump station that is critical to the water supply
of Collier County. Part of this work includes rehabilitating in place and duplicating the
existing Flowserve pumping equipment. The quality and cost of the proposed equipment
is similar to the existing equipment currently insuccessful use at this facility.
To optimize the construction schedule, facilitate completion prior to peak: season 2005 -
2006, and to take advantage of cost savings for the County, staff proposes to:
. Purchase long lead-time sole source equipment
o Allen-Bradley VFDs.
o Flowserve Pump, Inc. 300 lIP pump and motor assemblies for High
Service Pumps #1, #2 and #3.
. Purchase competitively bid equipment and services
o Bid No. 05-3738 for purchase of the valves and appurtenances, and
o Bid No. 05-3743 for the general contractor services.
A. Details and justifications for purchases of long lead-time sole-source equipment
include:
I. Sole source direct purchase of Allen-Bradley VFDs horn Rexel Mader for the
cost of $150,000.00. CDM's recommendation letter, the sole source letter and
the Allen-Bradley quote are attached. Justification for this sole-source purchase
includes:
. Common spare parts with existing VFDs
o Reduce costs by reducing the need for additional spare parts
inventory.
o Duplicates equipment in new reverse osmosis process.
. No additional staff training is required for operation, troubleshooting and
repairs.
";"·''''''''''''._'',,"_;V~"_-'''''''''''''''4·''",''¡''';'''''''''''_';;''_''''
Addendum to Executive Summary
SCRWTP Lime Softening Process - Upgrades & Modifications
Page 2 of6
Agenda Item No.1 OF
March 8, 2005
Page 10 of 57
· Rexel Mader is the distributor with this geographical area of primary
responsibility for Allen-Bradley products, as identified in the letter included
in the proposal package.
· There are many manufacturers of this type of equipment, with various local
distributors and service venues. However, the recommended VFDs are the
same manufacturer as the existing equipment, which will streamline the
equipment installation and integration into the existing system, while
minìmizing operational difficulties.
· A lump sum price was negotiated with Rexel Mader for the Allen Bradley
VFDs to include a set of spare parts; site visits for startup of the equipment,
harmonic study, and fteight. Price quotes were also solicited ftom three other
vendors; Robicon, Cutler-Hammer and Square D, and prices were
comparable without the added parts and services.
· Project cost and comparison for the Allen-Bradley Variable Frequency Drives
include:
Robicon VFD's: $125,400.00, this base price did not include spare parts,
start-up, site visits or contractor co-ordination.
Cutler-Hammer VFD's: $118,800.00, this base price also did not include
spare parts, start-up, site visits or contractor co-ordination.
Square-D VFD's: $150,000.00, this price included spare parts, start-up, site-
visits, and contractor co-ordination.
Allen-Bradley VFD's: $149,000.00, this price included spare parts, start-up,
site visits and contractor co-ordination.
2. Sole source direct purchase of Flowserve Pump, Inc., 300 HP pump and motor
assemblies, and the assembly and installation of these assemblies, valves and
piping, and appurtenances for the cost of $1,347,389.00 plus a $288,000
allowance for relining pump cans, if needed. Installation of pump and motor
assemblies, valves and piping by the specialized pump and motor manufacturer
representative, Flowserve Pumps, Inc. This includes the responsibility of the
representative to make sure the pump system is operating properly before it is
turned over to County staff.
CDM's recommendation letter, the sole source letter and the Flowserve detailed
quote are attached. Justification for this sole-source purchase includes:
. Flowserve Pumps (formerly Worthington Pumps) duplicate the existing 300-
HP high service pumps (High Service Pumps #4, #5 and #6). The existing
pump cans (pump bases) have been specifically designed for these particular
pumps. Spare parts on hand are interchangeable and no additional plant staff
training is required.
Addendum to Executive Summary
SCRWTP Lime Softening Process - Upgrades & Modifications
Page 3 of6
Agenda Item No. 10F
March 8, 2005
Page 11 of 57
. Carter & Verplanck, Inc. of Tampa, Florida is the sole and exclusive
representative for Flowserve Pump company products with the geographical
area of responsibility in the state of Florida, as identified in the letter included
in the proposal package.
. For the Vertical Turbine Pumps CDM compared the cost and work involved
in furnishing and installing the three new high service pumps (including
removal of existing pumps), removing and refurbishing 3 existing pumps and
motors, and the inspection for six pump cans at the Collier SCR WTP with
several projects. The first two projects when looked at together are
comparable to the SCRWTP high service pump station upgrades. The
projects and costs are as follows:
2001,West Palm Beach, FL, (6) 27-inch vertical Twbine Pumps, Wet Well
model test, foundation evaluation. $500,000.00
2003,Tarrant County, TX, (3) 54-inch vertical turbine pumps, new hydraulics
and rehabilitation of the existing discharge head and column assembly.
$2,000,000.00
1997, Joint Meeting, NJ, (2) 42-inch wastewater pumps, motors, shafting and
VFD drive, upgrade bearing fTame design. $1,200,00.00.
1999, Dallas, TX, (6) 20-inch horizontal split case pumps, replaced rotating
assembly with upgraded bearing design. $486,000.00.
1999,Gilroy, CA, (3) 20-inch wastewater pumps, motors, shafting, and VFD
drives, and new rotating assemblies.$432,000.00.
2002,Tarrant County, TX, (12) 2,500 horsepower horizontal split casing
pumps and motors. $1,200,000.00.
2002,Washington, DC, (10) 18-30-inch wastewater pumps, motors, new
rotating assemblies, casing inspection, shop testing, and re-coating.
$2,700,000.00.
2003,South Bayside, CA, (5) 24-inch wastewater pumps, motors, VFD
drives, and new rotating assemblies, upgraded with split seals. $550,000.00
Addendum to Executive Summary
SCRWTP Lime Softening Process - Upgrades & Modifications
Page 4 of6
Agenda Item No.1 OF
March 8, 2005
Page 12 of 57
The costs associated with the above equipment purchases are:
Cost
$ 150,000
& motor $1,347,389
Requires $ 288,000
$1,785,389
The project team has worked very diligently in developing the scopes of work and
negotiating the prices of the equipment supplied, a great deal of care was exercised to
insure that the pricing is well within competitive industry standards. The prices received
ITom the equipment suppliers were compared against similar previously publicly bid
projects such as those indicated above. Therefore it is CDM's professional opinion that
the prices received from both Allen-Bradley and Flowserve are fair and reasonable.
B. Details and justification for competitively bid equipment and services include:
Bid #05-3738, Purchase of Valves and Appurtenances for the SCRWTP Modifications
and Upgrades was posted on October 20, 2004, and 111 notices were mailed. Two bids
were received by the due date of November 9, 2004, and the bid tabulation is attached.
The project professional engineering consultant, CDM, has determined the low bid ITom
Carter & Verplanck, Inc., to be fair and reasonable and that Carter & Verplanck, Inc. is a
qualified and responsive supplier. CDM's recommendation letter is attached. The bid
amounts received are as follows:
Valve Supplier Bid Amount
Carter & Verplanck, Inc. $46,606.00
Ferguson Waterworks $53,864.81
Bid #05-3743, SCRWTP Upgrades and Modifications, was advertised on October 22,
2004 and 227 notices were mailed. Two bids were received by the due date of December
3, 2004, and the bid tabulation is attached. CDM has determined the low quote to be fair
and reasonable and CDM's recommendation letter is attached. Staffhas scrutinized the
qualifications of the low bidder and Mitchell & Stark Construction, Inc., has been
determined to be qualified, responsive, plus they have a satisfactory performance and
warranty record on previous County projects. Staff proposes to issue a purchase order in
the amount of $1,923,500.00 to Mitchell & Stark Construction, Inc. The bid amounts
received are as follows:
0"'-
Addendum to Executive Summary
SCRWTP Lime Softening Process - Upgrades & Modifications
Page 5 of6
Agenda Item No.1 OF
March 8, 2005
Page 13 of 57
General Contractor Bid Amount
Mitchell & Stark Construction, Inc., $1,923,500
Douglas N. Higgins, Inc., $2,443,950
The general contractor's scope of work under Bid No. 05-3743 includes coordinating the
installation of the above equipment and construction of the following:
· High Service Pumps supply header: replace existing 20" butterfly valves and
header piping
· Chemical Building modifications to building and systems
o New exhaust fans and gravity louvers.
o New polymer feed pumps, piping and controls.
o Relocation of the sodium silicofluorine system.
o Replacement of deteriorated exterior doors and louvers.
· Chlorine Building upgrades: new seven (7) -cylinder scales.
· Electrical Room: add air conditioning system.
· Odor Control System containment modifications.
o Reinforce retaining curbs.
o Rehabilitate sump pump inlet wells.
o Embedding the ground wiring.
Summary of estimated project costs:
Proiect Item
Sole Source E . ment
Bid 05-3738
Bid 05-3743
Subtotal
5% Allowance for unforeseen conditions.
Re uires rior Coun a roval.
Total
Costs
$1,785,389
$ 46,606
$1,923,500
$3,755,495
$ 187,775
$3,943,270
All recommended vendors have agreed to honor their original proposals and hold their
pricing through the needed contract execution time period with a March 8, 2005 BCC
approval.
CDM's cost estimate for all project equipment and construction (attachment to this
Executive Summary) was $3,526,634.00, which included only $50,000 for high service
pumps contingency repairs vs. ,the $48,000 each per the vendor quote (6 high service
pumps x $48,000 = $288,000). Staff has reviewed CDM's recommendations and the
costs for all project equipment and services, and has concluded that costs are fair and
reasonable.
~"""""<""",,,,.",,_,.;,,';"""'"'iiloiIII>Iii,¡¡;;¡--._,;,,,,,",...,.:.;,..,,;..,.";,,"
Addendum to Executive Summary
SCRWTP Lime Softening Process - Upgrades & Modifications
Page 60f6
Summary of funding sources:
-
Agenda Item No. 10F
March 8, 2005
Page 14 of 57
Amount
$ 355,000
$ 150,000
$ 473,000
$ 410,000
$2,028,258
$ 527,012
$3 588,270
$3,943,270
Agenda Item No.1 OF
^-""~"~","""""""""'Oi"'''''~_'''''",'''''';"""j".,,,.",.,,,...__",,·;,
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,-
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Agenda Item No, 10F
March 8, e
Page 20
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-
Agenda Item No. 10F
March 8, 2005
Page 23 of 57
9311 College Parkway, Suite 1
Fort Myers, Florida 33919
tel: 239432-9494
fa~: 239432-9453
P.O. E. Ð.
leI. SiP 30 PM 4: 23
September 29, 2004
Mr. Karl W. Boyer, P.E.
Principal Project Manager
Collier County Public Utilities Engineering Department
3301East TamiaIni Trail, Bldg. H
Naples, FL34112
Subject:
Collier County SCRWTP Improvements
Collier County Work OrderCDM-Ff04-02
CDM Project No. 6295-41350
Document to Support the Need to Specify Allen Bradley
Variable Frequency Drives
Dear Mr. Boyer:
Asa special condition to the equipment procurementdocumentsr Section 2.05 (Variable
Frequency Drives, VFD) states that the new drives shall be Model 1336 Plus2 as manufactured by
Allen-Bradley Inc., which duplicates the existing Allen-Bradley equipment, located in the new
RO Plant. As outlined below, there are a number of reasons for maintaining a standard of Allen-
Bradley, 1336 Plus 11 Variable Frequency Drives at this facility.
· Common spare parts with existing VFDs - There are three Allen-Bradley Bu1. 1336 Pltis2
350Hp VFDs installed in this facility. There is a substantial cost savings due to the large
number of commOn spare parts between the existing and proposed spare components.
· RS Nêtworx for Devìce Net supports all Allen-Bradley VFDs
a. Nothing to learn to integrate new VFDs into existing Device Net
h. Identical configuration ort the Device Net network
c. Identical PLC code for controlling VFDs in AB PLCs
· Programming is identical with existing VFDs. Parameters from existing VFDs could be
downloaded via existing keyboard from existing VFDs into new VFDs. The only changes
would be related to Hp and amps.
· Common pilot devices in VFD door. No additional spare parts for pilot lights, contact blocl<s,
pushbuttons, elapsed time meter.
· No additional training required to leamnew drive teclmology.
· Troubleshooting VFDs would be identical to existing products. No need to leam. new
troubleshooting technology.
· Easy integration with communication capability to PLC via Device Net.
C:\2004 Work'â295\Lt'_Bo\'lll'_AllenBradleynoc
<:onsulting . engineering. <:onstruction . operations
""...."'~~.."""""'~¡¡;~...""'"~.."''''--,,,_...'",...,''~.,
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Agenda Item No^ 10F
March 8, 2005
Page 24 of 57
Mr. KarL6oyer, P.E.
September 29, 2004
Page 2
Local support through:
Electrical Distribution
Local Sales Engineèrs
Local Service Engineers
Si1nple progra:tI'\mÍ1'lg and setup.
Therefore, it is CDM's reconunendationthat the replacement Variable FrequencyDrives should
be Allen-Bradley for the reasons stated above. If other drives were used, staff would require
additional training, spare parts storage would increase, and the high-service pttmp control room
might need to be increased in size, which would be a major mod:ifiéation to the plartt.
Should' you have any questions or need additional information, please £eel free to call mè¡
Œ:øJ:::J
Donald E. Lindeman, P .E.
Senior Project Manager
Camp Dresser &; McKee Inc.
cé~~ren B.. Gulia:ni
Lyn Wood
Stephen Lang
Rick Shelton
C:\2004·WolIIlS29S\L\r~..A1I'nlhdley.-
Agenda Item No.1 OF
March 8, 2005
IPageIQJJ9I,r¡tf)¡fiãtion
Tampa Regional Office
5820 West Cypress Street, Suite E
Tampa, FL 33607 USA
Tel 1.813.289.5320 Fax 1.813.289.4716
WNW. rockweIJautomation.com
Rockwell
Automation
July 9, 2004
Dennis McGee
Collier County Utilities
3301 E. Tamiamì Trail
Building H
Naples, FL 34112
Dear Mr. McGee:
You can expect Allen-Bradley to pro-vide a broad range of quality products and local support. To help us
fulfill tl1.Ís expectation, Allen-Bradley has developed ,1 dose relationship with your local distributor. The
authorized Allen-BradJey distributor in your area is:
Rexel Mader
7620 15th Street East
Sarasota, FL 34243
(941) 360-8298
Fax: (941) 360-0400
Allen-Bradley's distributor network is set up with one dic;tributor per Area of Primary Responsibility (APR).
_An APR is a geogt'Jphical area that each distributor is authorized to sell in. TIllS approach allows Allen-
Brndley to partner very closely Wlth the authorized distributor. Allen-Bradley requires the authorized
distributor to have Technical Product Specialists, extensive product training, and substantial inventory
commitment. \\i'e believe this distribucion approach provides the best level of service and commitment to our
custorners.
I would be happy to discuss our distribution philosophy in more detail or answer any questions d1at you may
. have. Please do not hesitate to call me at (813) 207-4284. I look forward to hearing from you.
Sincerely,
Scott D. McKay
Sales Engineer
SDM/so
cc: Paula i\1artin - Rexel Mader, Sarasota
tIÞ· Allen-Bradley
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Agenda Item No.1 OF
March 8, 2005
Page 26 of 57
_MADER
MOTon & C()NTROL
Camp Dresser & McKee Inc.
Mr. Riok Shelton
1819 Main Street Suite 1002
Sarasota, FL 34236
November 9,2004
RE: SCRWTP VFD's
Dear Rick,
Thank you for your request to quote the Allen·Bradley hardware for the project requirement. The
VFD is per specification 16370 dated 1017104.
Please see the accompanying product sheet for further description regarding the VFD options.
Qty (3) #1336F.BP250V-AA·CUSTOM................... $ 44,985.00 net price each
Qty (1) spare parts for VFD's....... .. .. ....... "........... $ 14,813.00 net price
NOTES:
Startup, 2 year warranty, harmonic study and inbound freight are inciuded In the price quoted
above.
Delivery is approximately 12 weeks after receipt of approval drawings.
Rexel Mader
Paula Martin
Account Manager
9311 College Parkway. Suite 1
Fort Myers. Florida 33919
tel: 239432-9494
fax: 239432-9453
It. U. E. D.
't, SfP 30 PM 4: 23
Agenda Item NO.1 OF
March 8, 2005
Page 27 of 57
ClIVI
Septeniber29,2004
Mr. Karl W. Boyer, P.E.
Principal Project Manager
Collier County Public Utilities Engineering Department
3301 East Tamiami Trail, Bldg. H
Naples, FL 34112
Subject:
Collier County SCRWTP Improvements
Collier County Work Order CDM-FT04-02
CDM Project No. 6295-41350
Document to Support the Need to Specify Flowserve Pumps
Dear Mr. Boyer:
As a special condition to the equipment procurement documents, Section 2.02 ( Condition of
Operation of the Vertical Turbine Pumps) states that these new pumps shall be Model 15HH340-4
as manufactured by Flowserve Pumps Inc. (formerly Worthington Pumps), which duplicates the
existing 300-HP high service pumps. All Flowserve pump parts are totally interchangeable with
the existing Worthington pumps, which provides for additional plant reliability. Collier County
staff currently has spare parts on hand that are interchangeable with the new Flowserve pumps,
maintenance personnel are currently trained in the repair of these pumps, and the existing "pump
cans" have been specifically designed for these particular pumps.
Therefore, it is CDM's recommendation that the replacement pumps should be FIowserve for the
reasons stated above. If other pumps were used, staff would require additional training, spare
parts storage would increase, and the pump cans might need to be replaced, which would be a
major modification to the plant.
Should you have any questions or need additional information, please feel free to call me.
l1Jç:d:J
Donald E. Lindeman, P .E.
Senior Project Manager
Camp Dresser & McKee Inc.
cc: Karen B. Guliani
Lyn Wood
Stephen Lang
Rick Shelton
C:\2004 Workl6295\Ur _Borer _AowselVe.doc
con~ultin9 . engineering· construction· operations
.-. -. -'
Agenda Item No.1 OF
March 8, 2005
Page 28 of 57
~
FLOWSERVE
~ ...-.
PLmp DivJelon
FIon8Ive Pun.-
IDP Pumps
WcII1i1gIm PuøIp$
February 11, 2004
Camp Dresser & McKee, Inc.
1715 North West shore Boulevard, Suite 875
Tampa, FL 33607
A~tn: Robert R. Robertson, P. E.
Reference: Collier County North Regional "ater Treatment Plant
Re: Flowserve Pump Company
Sales Channel coverage
Dear Mr. Robertson:
<..
carter' verplanok, Inc. is the "sole and exclusiv~
rep~esentativ. for Flow..rve Pump Company ctor.merly Ingersoll
Dresser Pump Compan~) products in the Water Resources market.
These product lines include brand names such as Worthington,
Pleuger, Pacific, Inqersoll-Rand, Byron Jackson, Durco, Wi180n-
Snyder, Ingersoll-Dresser Pumps, Scienco, Sier-Bath, Stork, and
United, along with the sale of pumping units. This agreement
also includes all After-Market sales such as parts, repairs,
revamps, rebuilds, and service.
Please þe advised that Flowserve Pump Company own all of
the abOve named pump manufacture%s, and nave incorporated them
under one name, rlowserve Pump Company.
The geographical area of re5ponsibili~y for Carter &
Verplanck, Inc. is the st«t. of Florid..
Mr. Buz Verplanck is the principal of record at Carter ,
verplanck, Inc.
Very truly yours,
~~
Sam. Moore
Parts Team Leader
Flow..rve - Taney town
co: J. Canto5
J_ Ondrejac::]c
.._--
---~----- --.--....
._-_._-~ -"-
CARTER I VERPLANCK
POST OFFICE BOX 24169
TAMPA, FLORIDA 33623
www.carterverplanck.com
Agenda Item NO.1 OF
March 8, 2005
Page 29 of 57
Phone: 813.287.0709
Fax: 813.282.8216
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To:
Ms. Karen B. Guliani, P. E.
Senior Project Manager
3301 East Tamiami Trail,
Building H
Naples, Florida 34112
Date: November 10,2004
Re: Collier County SCRWTP
High Service Pump Upgrades
and Modifications
WE ARE PLEASED TO QUOTE YOU ON THE FOu..OWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
The following equipment and field services are being quoted in accordance
with Specification Section 11214, dated 10/7/04, and includes all freight
costs to the jobsite. No sales tax is included,
NEW PUMPS 1.2 AND 3
(3) 15 HH BOWL ASSEMBLIES 4 STAGE, DUPLICATING EXISTING DUTY
CONDITIONS OF PUMPS 4,5 AND 6
BRONZE BOWL RINGS
BRONZE IMPELLER RINGS
316 SS BOLTING
POTA POX COAT
BUNA "0' RINGS
316 IMPELLER COLLETS
FLS P-50 SEALS WITH TEFLON THROAT BUSHINGS
SUPER METAL GLIDE ON IMPELLERS
DISCHARGE HEAD 16 LF SPECIAL
COAT HEAD INSIDE POTA pox
PRIME HEAD OUTSIDE
16" DRESSER RESTRAINTS ON DISCHARGE
SPECIAL 0 & M AND SUBMITTALS
SPARE COLLETS
SPARE PUMP BEARINGS (SETS)
SPARE SEAL KITS
CUSTOMER ACCOUNT FOR OPTIONAL SPARES
Page I
_____J
--_._----~-
CARTER f VERPLANCK
POST OFFICE BOX 24169
TAMPA, FLORIDA 33623
www.carterverplandc.com
Agenda Item No.1 OF
March 8, 2005
Page 30 of 57
Phone: 813.287.0709
Fax: 813.282.8216
To:
Ms. Karen B. Guliani, P. E.
Senior Project Manager
3301 East Tamiami Trail,
Building H
Naples, Florida 34112
Date: November 10, 2004
Re: Collier County SCRWTP
High Service Pump Upgrades
and Modifications
WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
TEST COMPLETE PUMP SHOP MOTOR
TEST COMPLETE PUMP JOB MOTOR 4 SPEEDS
(3) 300 HP MOTORS TEFC NRR VHS INVERTER DUTY
GAUGES AND FITTINGS AS SPECIFIED SETS
FREIGHT TO NAPLES
FREIGHT TO NAPLES TESTED BOWL ASSYS
EXTENDED 24 MONTH WARRANTY PUMPS
EXTENDED 24 MONTH WARRANTY MOTORS
STARTUP SERVICES AND OPERATOR TRAINING
WORK TO BE PERFORMED BY
INDUSTRIAL SERVICE GROUP OF FLOWSERVE
EXISTING PUMPS 1.2 AND 3
MOBILIZE MEN AND EQUIPMENT TO SITE
ATTEND SITE RUN SEMINAR FOR SECURITY
REMOVE EXISTING PUMPS AND MOTORS AND TURN OVER TO OWNER. WORK
MUST BE PERFORMED ON PUMP 2 FIRST AND FOLLOWED BY PUMPS 1 AND 3
SPECIAL TOOLING FOR PROJECT
SITE VISIT TO MEASURE EXISTING
RECEIVE AND STORE THREE NEW 300 HP PUMPS AND MOTORS
Page 2
-.------.---
CARTERfVERP~CK
POST OFRCE BOX 24169
TAMPA, FLORIDA 33623
www.carterverplanck.com
Agenda Item No. 10F
March 8. 2005
Page 31 of 57
Phone: 813287.0709
Fax: 813282.8216
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To:
Ms. Karen B. Guliani, P. E.
Senior Project Manager
3301 East Tamiami Trail,
Building H
Naples, Florida 34112
Date: November 10, 2004
Re: Collier County SCRWTP
High Service Pump Upgrades
and Modifications
WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
STORAGE CHARGE FOR THREE UNITS FOR THREE MONTHS
PURCHASE 20 X 16 X 6 MANIFOLD
PURCHASE 20 X 16 MANIFOLD
PURCHASE 16 SPOOLS (2)
PUCHASE 20" SPOOL PIECE (3)
PURCHASE STAY RODS AND NUTS FOR DRESSER CPLGS
PURCHASE PIPE GASKETS FLANGE AND VICTAULlC
RECEIVE AND STORE PIPING COMPONENTS
STORAGE CHARGE FOR PIPING COMPONENTS THREE MONTHS
LOAD TRUCK WITH UNITS AND PIPES
DELIVER UNITS AND PIPING TO SITE
UNLOAD TRUCK AT JOB SITE
REMOVE EXISTING PIPING AND VALVES
LAND THREE PUMPS ON LEVEL BASES
ASSEMBLE NEW PIPING
ALIGN DISCHARGE HEADS TO PIPING
MARK HEAD HOLE LOCATIONS ON MOUNTING PLATE
DRILL AND TAP THREE MOUNTING PLATES FOR HEAD BOLTS
ASSEMBLE HEADS TO PUMPS AND INSTALL THREE
ASSEMBLE MECHANICAL SEALS AND LAND MOTORS THREE
OBSERVE ROTATION BUMP AND COUPLE UP SET SEAL THREE
DECONTAMINATE THREE PUMPS
SUPERVISE INITIAL RUN TESTS ON THREE
Page 3
CARTER'VCRPL4NCK
POST OFFICE 80X 24169
TAMPA, FlORIDA 33623
www.carterverplanck.com
Agenda Item No.1 OF
March 8, 2005
Page 32 of 57
Pnone: 813.287.0709
Fax: 813.282.8216
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To:
Ms. Karen B. Guliani, P. E.
Senior Project Manager
3301 East Tamiami Trail,
Building H
Naples, Florida 34112
Date: November 10, 2004
Re: Collier County SCRWTP
High Service Pump Upgrades
and Modifications
WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
HIRE VIBRATION MEASUREMENT FIRM
IMPLEMENT CONFINED SPACE PROCEEDURES AND SAFETY
CLEAN CAN FOR INSPECTION
UT MAP SUCTION CAN INCLUDING REPORT
IF CAN OKAY BLAST ANP COAT WITH POT A POX
PROVIDE NEW COVER FLANGE ASSEMBLY
PROVIDE PLATE AND GAUGES FOR HYDRO TEST
ASSEMBLE COVER FLANGE AND SEAL
HYDRO TEST SUCTION CAN TO 20 PSIG
REMOVE HYDRO TOOLING
IMPLEMENT CONFINED SPACE PROCEEDURES AND SAFETY
REMOVE 24" BLADDER
MACHINE PUMP MOUNTING SURFACE IN THE FIELD TO .002/ FOOT TOLERANCE
TO PERPENDICULAR
INSTALL PUMP AND MOTOR
CO-ORDINATE WITH CONTRACTOR TO GET MOTOR WIRED
STARTUP PUMPS
DEMOBILIZE AND CLEAN UP
EXISTING PUMPS 4.5 AND 6
REMOBILIZE ONCE 1,2,& 3 ARE COMPLETE EACH PUMP MUST BE DONE ONE UNIT
AT A TIME
Page 4
CARTER I VERPLANCK
POST OFFICE BOX 24169
TAMPA, FLORIDA 33623
www.carterverplanck.com
Agenda Item No. 10F
March 8, 2005
Page 33 of 57
Phone: 813.287.0709
Fax: 813.282.8216
Quote
To:
Ms. Karen B. Guliani, P. E.
Senior Project Manager
3301 East Tamiami Trail,
Building H
Naples, Florida 34112
Date: November 10, 2004
Re: Collier County SCRWTP
High Service Pump Upgrades
and Modifications
WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
MEASURE LEVELNESS OF MOUNTING PLATE ON #4-
REMOVE SEAL WELDS PLATE TO CAN
DEWATER SUCTION CAN
ASSEMBLE INFLATABLE BLADDER IN SUCTION LINE (24·)
IMPLEMENT CONFINED SPACE PROCEEDURES AND SAFETY
CLEAN CAN FOR INSPECTION
UT MAP SUCTION CAN INCLUDING REPORT
IF CAN OKAY BLAST AND COATwrTH POT A POX
PROVIDE NEW COVER FLANGE ASSEMBLY
ASSEMBLE COVER FLANGE AND SEAL
HYDRO TEST SUCTION CAN TO 20 PSIG
REMOVE HYDRO TOOLING
DEWATER CAN
IMPLEMENT CONFINED SPACE PROCEEDURES AND SAFETY
REMOVE 24" BLADDER
MACHINE PUMP MOUNTING SURFACE TO .0021 FOOT TOLERANCE TO
PERPENDICULAR
DEMOBILIZE AND CLEAN UP
MEGGER MOTOR ON PUMP #4 REPORT TO OWNER
PULL PUMP #4
TRUCK TO TAMPA SIC
DISMANTLE COMPLETE
REMOVE WEAR RINGS AND ALL SLEEVE BEARINGS DISCARD
DISCARD IMPELLER COLLETS "0" RINGS AND GASKETS
Page 5
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CARTERIVERPLANCK
POST OFFICE BOX 24169
TAMPA, FLORIDA 33623
www.carterverplanck.com
Agenda Item No. 10F
March 8, 2005
Page 34 of 57
Pnone: 813.287.0709
Fax: 813.282.8216~¡
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To:
Ms. Karen B. Guliani, P. E.
Senior Project Manager
3301 East Tamiami Trail,
Building H
Naples, Florida 34112
Date: November 10, 2004
Re: Collier County SCRWTP
High Service Pump Upgrades
and Modifications
WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
.-
INSPECT REMAINING PARTS
BALANCE IMPELLERS
OEM PARTS FOR BIA RINGS,BRGS,SEALS,COLLETS,FASTNERS
PURCHASE FLOWSERVE SEAL AND KIT P50 BUSHING
MASK CRITICAL FITS AND GRIT BLAST IMPELLERS
COAT IMPELLERS WITH BELZONA SUPERMETALGLlDE
BLAST BOWLS BELL, COLUMN ADAPTOR, DISCHARGE HEAD
COAT ABOVE WITH POTA POX 140
ASSEMBLE BOWL ASSY AND DISCHARGE HEAD
SEND PUMP TO T ANEYTOWN FOR TEST & RETURN
RETURN PUMP TO SITE
LAND PUMP ON LEVELED BASE
MAKE UP PIPE CONNECTIONS
ASSEMBLE STUFFING BOX, SEAL, LAND MOTOR
OBSERVE BUMP FOR ROTATION
ALIGN, SET LIFT, SET SEAL, AND COUPLE UP
DISINFECT PUMP HEAD AND SUCTION CAN
PRESSURIZE AND CHECK FOR LEAKS
OBSERVE RUNNING TEST, CHECK VIBRATION
HIRE VIBRATION MEASUREMENT FIRM
REMOBILIZE ONCE #4 IS COMPLETE
MEASURE LEVELNESS OF MOUNTING PLATE ON #5
REMOVE SEAL WELDS PLATE TO CAN
DEWATER SUCTION CAN
ASSEMBLE INFLATABLE BLADDER IN SUCTION LINE (24")
Page 6
CARTER! VERPLANCK
POST OFFICE BOX 24169
TAMPA, FLORIDA 33623
www.carterverplanck.com
Agenda Item NO.1 OF
March 8, 2005
Page 35 of 57
Phone: 813.287.0709
Fax: 813.282.8216
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To:
Ms. Karen B. Guliani, P. E.
Senior Project Manager
3301 East Tamiami Trail,
Building H
Naples, Florida 34112
Date: November 10, 2004
Re: Collier County SCRWTP
High Service Pump Upgrades
and Modifications
WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
IMPLEMENT CONFINED SPACE PROCEEDURES AND SAFETY
CLEAN CAN FOR INSPECTION
UT MAP SUCTION CAN iNCLUDING REPORT
IF CAN OKAY BLAST AND COAT WITH POTA POX
PROVIDE NEW COVER FLANGE ASSEMBLY
ASSEMBLE COVER FLANGE AND SEAL
HYDRO TEST SUCTION CAN TO 20 PSIG
REMOVE HYDRO TOOLING
DEWATER CAN
IMPLEMENT CONFINED SPACE PROCEEDURES AND SAFETY
REMOVE 24" BLADDER
MACHINE PUMP MOUNTING SURFACE TO .002/ FOOT TOLERANCE TO
PERPENDICULAR
DEMOBILIZE AND CLEAN UP
MEGGER MOTOR ON PUMP #5 REPORT TO OWNER
PULL PUMP #5
TRUCK TO TAMPA SIC
DISMANTLE COMPLETE
REMOVE WEAR RINGS AND ALL SLEEVE BEARINGS DISCARD
DISCARD IMPELLER COLLETS ·0" RINGS AND GASKETS
INSPECT REMAINING PARTS
BALANCE IMPELLERS
MASK CRITICAL FITS AND GRIT BLAST IMPELLERS
Page 7
CARTERfVERPLANCK
POST OFFICE BOX 24169
TAMPA. FLORIDA 33623
www.carterverplandc.com
Agenda Item NO.1 OF
March 8, 2005
Page 36 of 57
Phone: 813.287.0709
Fax: 813.282.8216
To:
Ms. Karen B. Guliani, P. E.
Senior Project Manager
3301 East Tamiami Trail,
Building H
Naples, Florida 34112
Date: November 10, 2004
Re: Collier County SCRWTP
High Service Pump Upgrades
and Modifications
WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
COAT IMPELLERS WITH BELZONA SUPERMETALGLlDE
OEM PARTS FOR B/A RINGS,BRGS,SEALS,COLLETS,FASTNERS
PURCHASE FLOWSERVE SEAL AND KIT P50 BUSHING
BLAST BOWLS BELL, COLUMN ADAPTOR, DISCHARGE HEAD
COAT ABOVE WITH POT A POX 140
ASSEMBLE BOWL ASSY AND DISCHARGE HEAD
SEND PUMP TO TANEYTOWN FOR TEST & RETURN
RETURN PUMP TO SITE
LAND PUMP ON LEVELED BASE
MAKE UP PIPE CONNECTIONS
ASSEMBLE STUFFING BOX, SEAL, LAND MOTOR
OBSERVE BUMP FOR ROTATION
ALIGN, SET LIFT, SET SEAL, AND COUPLE UP
DISINFECT PUMP HEAD AND SUCTION CAN
PRESSURIZE AND CHECK FOR LEAKS
OBSERVE RUNNING TEST, CHECK VIBRATION
HIRE VIBRATION MEASUREMENT FIRM
REMOBILIZE ONCE #5 IS COMPLETE
MEASURE LEVELNESS OF MOUNTING PLATE ON #6
REMOVE SEAL WELDS PLATE TO CAN
DEWATER SUCTION CAN
ASSEMBLE INFLATABLE BLADDER IN SUCTION LINE (24")
IMPLEMENT CONFINED SPACE PROCEEDURES AND SAFETY
CLEAN CAN FOR INSPECTION
Page 8
.---.-
.~- -
CARTERIVERP~CK
POST OFFICE BOX 24169
TAMPA, FLORIDA 33623
www.carterverptanclc.com
Agenda Item NO.1 OF
March 8, 2005
Page 37 of 57
Phone: 813.287.0709
Fax: 813282.8216
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To:
Ms. Karen B. Guliani, P. E.
Senior Project Manager
3301 East Tamiami Trail,
Building H
Naples, Florida 34112
Date: November 10, 2004
Re: Collier County SCRWTP
High Service Pump Upgrades
and Modifications
WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
UT MAP SUCTION CAN INCLUDING REPORT
IF CAN OKAY BLAST AND COAT WITH POTA POX
PROVIDE NEW COVER FLANGE ASSEMBLY
ASSEMBLE COVER FLANGE AND SEAL
HYDRO TEST SUCTION CAN TO 20 PSIG
REMOVE HYDRO TOOLING
DEWATER CAN
IMPLEMENT CONFINED SPACE PROCEEDURES AND SAFETY
REMOVE 24" BLADDER
MACHINE PUMP MOUNTING SURFACE TO .002/ FOOT TOLERANCE TO
PERPENDICULAR
DEMOBILIZE AND CLEAN UP
MEGGER MOTOR ON PUMP #6 REPORT TO OWNER
PULL PUMP #6
REMOVE BOWL ASSEMBLY AND TURN OVER TO COUNTY
TRUCK REMAINING PARTS TO TAMPA SIC
DISMANTLE COMPLETE
INSPECT REMAINING PARTS
PURCHASE FLOWSERVE SEAL AND KIT P50 BUSHING
BLAST DISCHARGE HEAD
COAT ABOVE WITH POT A POX 140
ASSEMBLE WITH NEW BOWL ASSEMBLY AND FASTNERS
RETURN PUMP TO SITE
LAND PUMP ON LEVELED BASE
Page 9
- - --""
CARTERIVERPLANCK
POST OFFICE BOX 24169
TAMPA. FLORIDA 33623
www.carterverplanck.com
Agenda Item No.1 OF
March 8, 2005
Page 38 of 57
Phone: 813.287.0709
Fax: 813.282.8216
To:
Ms. Karen B. Guliani, P. E.
Senior Project Manager
3301 East Tamiami Trail,
Building H
Naples, Florida 34112
Date: November 10, 2004
Re: Collier County SCRWTP
High Service Pump Upgrades
and Modifications
WE ARE PLEASED TO QUOTE YOU ON THE FOUOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
MAKE UP PIPE CONNECTIONS
ASSEMBLE STUFFING BOX, SEAL, LAND MOTOR
OBSERVE BUMP FOR ROTATION
ALIGN, SET LIFT, SET SEAL, AND COUPLE UP
DISINFECT PUMP HEAD AND SUCTION CAN
PRESSURIZE AND CHECK FOR LEAKS
OBSERVE RUNNING TEST, CHECK VIBRATION
HIRE VIBRATION MEASUREMENT FIRM
MISCELLANEOUS SERVICES
SHOP DRAWINGS AND RECORD AS BUILT DRAWINGS
FIELD AND FACTORY PERFORMANCE TESTING
SPARE PARTS
FIELD VIBRATION TESTING
TOTAL
$1,347,389
TO RELINE CAN WITH STAINLESS STEEL 11 GAGE IF NECESSSARY
BASED ON ULTRASONIC MAPPING OF EXISTING CAN CONDITION
$48,000 EACH
TERMS: 100% Net 30 days after invoice date
QUOTATION DOES NOT INCLUDE ANY SALES OR USE TAX
PAYABLE UNDER ANY STATE OF FEDERAL STATUE
",,-,
-WITH CREDIT APPROVAL
Page ] 0
CARTER & VERPLANCK, INC.
BY DAVID W. HARTWIG
CARTER f VERPLANCK
POST OFFICE BOX 24169
TAMPA. FLORIDA 33623
www.carterverplancIc.com
Agenda Item No. 10F
March 8, 2005
Page 39 of 57
Phone: 813.287.0709
Fax: 813.282.8216
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To:
Ms. Karen B. Guliani, P. E.
Senior Project Manager
3301 East Tamiami Trail,
Building H
Naples, Florida 34112
Date: November 10, 2004
Re: Collier County SCRWTP
High Service Pump Upgrades
and Modifications
WE ARE PLEASED TO QUOTE YOU ON THE FOUOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
TERMS & CONDmONS OF SALE
1) Nelttler Carter & VerPlanck, Inc. nor the manufacturer(s) will be liable for damages of any kind, whether direct, consequential, incidental, spedal or
liquidated.
2) Price does not ¡ndude any gauges, gauge cocks, tools, lubricants, installation, anchor bolts, spare parts, start-up service or other items not
specifically called out herein. .
3) Price does not Indude any motor starters, controls, or power factor correction devices other than as spedfically called out herein.
4) THE WARRANTY EXTENDED BY THE MANUFACTURER(S) IS IN UEU OF ALL OTHER OBLIGATIONS, UABIUTIES OR WARRANTIES OF MERCHAN-
TABIUTY, FITNESS OR OTHERWISE, EITHER EXPRESS OR IMPUED, BY FAcr OR BY LAW, AND STATES OUR ENTIRE AND EXClUSNE UABIUTY AND
BUYER'S EXCLUSIVE REMEDY FOR ANY CLAIM OF DAMAGES IN CONNECTION WITH THE SALE OR FURNISHING OF GOODS OR PARTS, THEIR
DESIGN, SUITABIUTY FOR USE, INSTALLATION OR OPERATION. WE FURTHER SPECIFICALLY EXClUDE ANY EXPRESS OR IMPUED WARRANTIES
REFERENCE UNDER FLORIDA STATIJTE #718.203. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
5) NOT INCLUDED: Unless specifically set forth in the scope of the quotation, this offer does not indude:
- start-up assistance or field services
- interconnecting wiring and/or conduit
- Installation labor
- Installation supervision
- motor control equipment
- motor starters or contactors
- power distribution equipment
- miscellaneous mechanical and mounting hardware
6) FREIGHT:
A) All prices are F.O.B. factory or suppliers' shipping point with freight prepaid and included to the jobsite.
B) 1Ttle and Risk of Loss passes to CONSIGNEE AT SHIPPING POINT.
SELLER prepays freight charges.
SELLER bears freight charges.
CONSIGNEE must file dalms for loss or damage, (if any).
C) Seller will not consider any daim for damage or shortage unless It is noted on the bill of lading at time of receipt. It Is the responsibility of the
CONSIGNEE to verify that all Items contained on the bill of lading are received prior to accepting shipment.
7) TAXES:
The prices quoted are exdusive of, and Purchaser shall pay and make all returns for, any Federal, State, or local sales, use, transfer, or similar taxes
applicable to the equipment and material once the same have been delivered as provided herein.
8) VAUDITY OF PRICING:
The prices stated herein are contingent upon receipt of a firm order, or letter of intent, In an acceptable form from Purchaser within 30 days from ttle
date of ttlis offer, and Purchaser's willingness to accept delivery when the factory is prepared to ship. If a responsive firm order is not received by the
above date, Seller shall have the right to withdraw this quotation and to revise ttle prices and shipping dates provided herein.
9) PAYMENT TERMS:
Page ] 1
'"_¡¡¡'iu..",,,._.,',"¡_",~;"""""">i'""'"";;-"'"''';'''
Agenda Item No.1 OF
March 8, 2005
Page 40 of 57
CARTER I VERPLANCK
POST OFFICE BOX 24169
TAMPA. FLORIDA 33623
www.carteNerplanck.com
Phone: 813.287.0709
Fax: 813.282.8216
To:
Ms. Karen B. Guliani, P. E.
Senior Project Manager
3301 East Tamiami Trail,
Building H
Naples, Florida 34112
Date: November 10, 2004
Re: Collier County SCRWTP
High Service Pump Upgrades
and Modifications
WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS
Seller's payment terms are that all Invoices are due and payable within thirty (30) days of the date thereof with approved credit. Interest on the unpaid
balance at the rate of 11/2... per month, or the maximum permitted by law, whichever is less will be added to all outstanding invoices which are not paid
within 30 days. Our price Is based on no retainage.
10) DELIVERY:
The shipping dates provided herein are based on Seller's current information as to availability of material and components and our best estimate as to
dates on which we will be able to ship. These dates are subject to revision or postponement because of unavailability of material and components or
because of events beyond our control.
If Purchaser requests postponement of previously agreed to shipping date(s), Seller may invoice the Purchaser, or then require payment for all of such
equipment and material as is then ready for shipment; and, from and after the date that such equipment and material or any portion thereof Is ready
for shipment, any expenses or other charges incurred by Seller In regards to the same shall be at Purchasers expense and Purchaser shall promptly pay
any Invoice rendered by Seiler in regard thereto.
11 ) SERVICE:
No start-up assistance or field services are induded unless spedfically called out In our offering. If so included, the Seiler will furnish Fieid Service
Engineer(s) as desaibed in our proposal, at the time of start-up, to inspect the completed system, to advise In regard to pladng the system in initial
operation and to instruct operating personnel on the proper use of the equipment and material. The proper installation, start-up and operation of the
system and any further changes to be made in the system, responsibility for servidng, and all labor costs thereof, shall be the responsibility, under the
control and at the risk of the Purchaser. At the time start-up service is requested we ask you to be completely prepared, including where and as
appropriate, the availablJlty of power, water, flow, access, etc. so that start-up may proceed as anticipated. Any return trips to the site or additional time
required as a result of failure to be so prepared, will be charged to the customer at the prevailing demand service rate.
If service additional to that provided for therein is required, Seller, If available, shall furnish at the expense of the Purchaser, competent service
engineers at Seller's then prevailing rates, plus travel and living expenses, to assist in additional service in regard to the equipment and material or in
regard to equipment furnished by Purchaser. All charges in connection with such service shall be billed by the Seller and shall be due and bear interest
at the Company's normal payment terms unless Seller shall require other payment terms and conditions.
12) GENERAL:
The desaiptions, terms and conditions contained in this Proposal and the terms and conditions contained in the Manufacturer's Standard Terms
attached hereto, which are Incorporated herein by reference, constitute the quotation of the Seller. To the extent that the desaiptions, terms and
conditions contained in the Proposal are Inconsistent with the Manufacturer's Standard Tenns, the Manufacturers Standard Terms are modified by this
Description.
13) No order shall be deemed accepted by the Manufacturer until the Purchaser is notified of its acceptance by the Manufacturer. Carter & VerPlanck,
Inc., is not an agent or employee of the Manufacturer(s) and is not authorized to accept orders in its (their) behalf.
14) Any suit or proceeding brought by Purchaser to enforce this agreement, to resolve any dispute over its terms, or to sue for damages for its breach
shall be brought only in a state or federal court of appropriate jurisdiction in Hlllsborough County, Rorida. Purchaser expressly waives any objection that
venue in Hlllsborough County is inconvenient or improper.
15) In any suit or proceeding brought to enforce this agreement, to resolve any dispute over its tenns, or to sue for damages for its breach, the
prevailing party shall recover a reasonable attorneys' fee in addition to costs of suit.
Page 12
- --_.._----
(r
~
Agenda Item NO.1 OF
March 8, 2005
Page 41 of 57
... U·· E ·0··
. . e'.
'05 .IAN -4 Prf II: 42
CARTER: VERPlANCIC
January 3, 2005
Karen B. Guliani, P.E.
Senior Project Manager
Collier County Government
Public Utilities Division
3301 East Tamiami Trail, Bldg. H 3rd Floor
Naples, FL 34112
RE: SCWTP Lime Softening Process Upgrades & Modifications
Karen,
The purpose of this letter is to modify our terms and conditions on our quotation for the Collier County
SCRWTP High Service Pump Upgrades and Modifications dated November 10,2004 to comply with the
comments of Ms. Kelsey Ward.
Payment for stored equipment items (new pumps and motors) will have terms of9()O/Ó Net 30 days ITom
shipment, 10% upon startup. not to exceed 180 days ITom shipment, and in accordance with the Florida
Prompt Payment Act. after acceptance by the Engineer and the County.
Payment for installation and upgrade services will have terms of 90% Net 30 days ITom invoice 10% on
final acceptance by the Engineer and the Owner for progress payments agreed upon in a schedule of values
to be approved by the Engineer.
We can agree to F. O. B. Destination for the ITeight terms.
Our pricing proposal dated November 10th, 2004 is valid through February 2005.
This should cover the items of concern by the County. Please let me know if there are any additional
questions.
~?J.
David. W. Hartwig
Carter & VerPlanck, Inc.
POST OFPICE BOX 24169 I TAMPA,. FLORIDA 33623
P: 813.287.0709 I F: 813.282.8216 t carterYerpl8nck.com
-
Bid 05-3738 'Purchase of Valves and Appurtenances
for SCRWTP Modification and Upgrades'
Date Due' November 9 2004
Project Manager: Karen Gulianl
Date Posted: October 20. 2004
Agenda Item NO.1 OF
Not~~2 fi~~
Packag;s"R~lved:
Carter & Ferguson
Verolanck Waterworks
Deacrlptlon
16-inch Slantlno Disc Check Valve with Top Buffers
Unit Price lEA $11,790.00 $14,250.00
Total Price (3 $35,370.00 $42,750.00 $0.00 $0.00 $0.00
1-lnch Air Release Valve
Unit Price lEA $199.00 $241.00
Total Price /3 $597.00 $723.00 $0.00 $0.00 $0.00
Discharge Pressure Gauges /0-250 PSI)
Unit Price (EA $328.00 $99.46
Total PrIce /3 $984.00 $298.38 $0.00 $0.00 $0.00
20-inch Butterfly Valve with EPDM Elastomers
Unit Price (EA) $1,725.00 $1,806.82
Total Price (3 $5,175.00 $5,420.46: $0.00 $0.00 $0.00
16-lnch Butterfly Valve with EPDM Elastomers
Unit Price lEA) $1,236.00 $1,288.64
Total Price (3) . $3,708.00 $3,865.92 $0.00 $0.00 $0.00
6-inch Butterfly Valve with EPDM Elastomers
Unit Price (EA) $346.00 $417.05
Total Price (1 $346.00 $417.05 $0.00 $0.00 $0.00
6-lnch Mud Valve
Uni1 Price (EA) $426.00 $390.00
Total Price (1\ $426.00 $390.00 $0.00 $0.00 $0.00
TOTAL BID $46,606.00 $53,864.81 $0.00 $0.00 $0.00
Warranty Information/Documentation supplied (Y/N) Y Y
Delivery Time in Days After Receipt 01 Order 117 $70.00
/1 f 1/
Agent: ~- 7JJ~
Witness: v ......, I
.
Page 1 of 1
-- --~---
ClIVI
Agenda Item No.1 OF
March 8, 2005
Page 43 of 57
P. U. E. D.
9311 College Parkway, Suite 1
Fort Myers, Florida 33919
tel: 239432-9494
fax: 239432-9453
'04 NOV 22 AM 10: 09
November 19, 2004
Ms. Karen Guliani, P.E.
Collier County Public Utilities Engineering Department
3301 East Tamiami Trail, Bldg. H
Naples, FL 34112
Subject:
Collier County SCRWTP Improvements
Collier County Work Order COM-FT04-02
COM Project No. 6295-41350
Carter & Verplank Inc. Qualifications to Provide Valves
Dear Ms. Guliani:
CDMbelieves that Carter & Verplank Inc. is fully qualified to provide, warranty, and service the
following valves and appurtenances for the SCRWIP modifications and upgrades:
· 16-inch Slanting Disc Check Valves
· Discharge Pressure Gauges (0-250 psi)
· I-inch Air Release Valves
· 20-inch Butterfly Valves with EPDM Elastomers
· 16-inch Butterfly Valves with EPDM Elastomers
· 6-inch Butterfly Valves with EPDM Elastomers
· 6-inch Mud Valves
We sincerely hope that this letter satisfies your needs, but should you have any questions or need
additional information, please feel free to contact us at any time.
V~ryrrw~
~helton
Senior O&M Management Specialist
Camp Dresser & McKee Inc.
cc: Don Lindeman, CDM
N:'L.Jsa\2004\Sh04tonlLt,-Guliani_C&V Valves.doc
consulting. engineering - construction· operations
.~._-_._~
-----~--
,·..,..""_...."..""""'_;'""_""""_I,¡;"';¡"'".,''''',',;,,'''~,,,,'',',;;'''''''", ·'n'
Bid 05-3743 ·South County Regional Water Treatment
Plant Upgrades and Modifications'
Due: November 24, 2004
Project Manager. Karen Gulian!
OmeP~: Od~r~,2004
Agenda Item No.1 OF
March 8. 2005
N~ fJfl!b7
Packages Received: 2
Mitchell & StalK ON Higgins
118m De.criotion
1 South County Regional Water Treatment Plant
Modifications and Upgrades to the Chemical Feed
Building, Chlorination Facilities, Odor Control &
Chemical Storage Area, and High Service Pump Station
Improvements Except for Those Bid Items Hereinafter
Listed Se"aratalv. 1,499 500.00 1,858,950.00
2 Performance and Payment Bond Premiums and
Insurances. 19,000.00 15,000.00
3 Mobilization 65,000.00 180 000.00
4 Demobilization 40,000.00 90,000.00
TOTAL LUMP SUM BASE BID FOR PROJECT
¡SUMMATION OF BID ITEMS 1,2,3 AND 4 1,823,500.00 2,143,950.00
5 Lump Sum Allowance for Collier County Contrad
Amendments 300,000.00 300,000.00 300000.00 300,000.00 300,000.00
TOTAL LUMP SUM BASE BID FOR PROJECT
I ¡SUMMATION OF BID ITEMS 1. 2. 3 4 and 5\: 1.923,500.00 2,443,950.00
.
!
I
Page 1 of7
---~._~--
Bid 05-3743 "South County Regional Water Treatment
Plant Upgrades and Modifications"
Due: November 24, 2004
Project Manager. Karen Guliani
Date Posted: October 22. 2004
Agenda Item NO.1 OF
March 8, 2005
Nottœ!! 1SQIiI: æBT
Packages Received: 2
Mijchell & Stark DN HiQQins -
Item Description
f--J Vertical Turbine Hiah Service Pumos:
a) Structural
1 Structural 5,000.00 9,450,00
2) Remainino Structural & Accessories 2,000.00 9,450,00
(b) Electrical 85,000.00 87,750,00
c) EQuiDlT1ent
(1) Remove, Salvage and Package Three (3) Existing
Vertical Turbine Pumps, Piping, Valves, Fittings,
Starters and Accessories. 5.000.00 10,800,00
(2) Install Three (3) Vertical Turbine High Service Pump
Nos. 1,2 & 3 and Electric Motors Fumished by
COUNTY. 5.000.00 10,800.00
(3) Furnished By COUNTY Three (3) New Variable
Frequency Drives and Installed by CONTRACTOR
Complete With Electrical and Instrumentation
Modifications and Accessories for Pump Nos. 1,2 &3.
5,000.00 13,500,00
(4) Install Three (3) New 16" Slanting Disc Check I
Valves with Top Buffers and Three (3) New BFV's !
Fumished by COUNTY and Installed by Pump 13,500,00'
Manufacture and Accessories. 2,000.00
(5) Modifications to Existing 20" Steel Pump Common I
Header and Three (3)-16" Individual Pump Discharge
Lines, Three (3) 16' Couplings, Six (6) Pipe Supports.
Modifications to Existing Three (3) Pump Can Supports
and Accessories bv Pumn Manufacture. 5,COO.00 24,300.00
(6) Remove Existing Vertical Turbine Pump No.4,
Inspect Existing Steel Cans Interior and Rehabilitate the I
Pump Column Discharge Pipe and Pump Discharge 8,100,001
Header for Acceptable Condition, Sandblas~ NSF
Coating and Place Back Into Operation.
I 5,000.00
Page 2 of7
'·';"">iNIh!,"",'''\II¡;¡<¡J_",-",,,",","''M;j¡;!<H¡¡UIII!O;,,,,"",",.w'>\iI""'''"''''''¡''''.;;,,"~..,
Bid 05-3743 "South County Regional Water Treatment
Plant Upgrade& and Modifications"
Due: November 24, 2004
Project Manager: Karen Gulianì
Date Posted: October 22, 2004
Agenda Item No.1 OF
March 8. 2005
Noti~ ~7
Packages Received: 2
Item DeacrtDtion
Vertical Turbine Hioh Service PumDs Con't
(7) Remove Existing Vertical Turbine Pump No.5,
Inspect Existing Steel Cans Interior and Rehabilitate the
Pump Column Discharge Pipe and Pump Discharge
Header for Acceptable Condition, Sandblast, NSF
I Coating and Place Back Into Operation.
5,000.00 B,1oo.oo
B) Remainino Ëouioment and Accessories. 5,000.00 10,800.00
d) Piping, Valves and Flttin"s
(1) Remove, Salvage and Transport Existing 20"
Common Header Piping, Valves and Fittings to Onsite
Storage Facilities. 2,000.00 12,150.00
(2) Furnish and Install New Piping, Fittings and
Couplings in Existing 20" steel Common Plant
Discharoe Headers. 62,000.00 37,Boo.00
(3) Replace Existing 6" BFV With A New 6" BFV in the
Existing Pipeline for the Filter Surface Wash System.
1,000.00 B,100.00
(4) Remaining Piping, Valves, Fittings and Accessories., 2,000.00 72,800.00
e) MisceDaneous Work
1) Maintenance of Flow B,ooO.oo 9,450.00
2) Miscellaneous Work B,ooo.OO 9,450.00
TOTAL 212000.00 356 400.00
Page 30f7
~-,,~,~ '''---'. ...,,~.' ..¡~.-
Bid 05-3743 "South County Regional Water Treatment
Plant Upgrades and Modifications·
Due: November 24, 2004
Project Manager: Karen Guliani
Date Posted: October 22, 2004
Agenda Item No. 10F
March 8. 2005
Noti~ ~J\7
Pa~gesRece~ed: 2
Mitchell & Stark DN HiQains
2 Imorovements to Chemical Feed Buildina:
a) Structural Modifications 8,000.00 31,050.00
b) Electrical:
(1) Remove Existing Enunciator Panel and Furnish and
Install a New Enunciator Panel. 95,000.00 98 550.00
(2) Remove Existing Fan and Ductwork Fumish and
Install SD/It AC Unit In Electronic Room. 2,000.00 9,450.00
3) Remiani"cl Electrical Work and Accessories. 35,000.00 32,400.00
c\ Architectural:
(1) Remove and Replace Existing Door(s), Hardware
and Accessories. 67,000.00 58,050.00
Install New Floor Coverina 56,000.00 101,250.00
3 Paint Interior Walls and Ceiling 164,000.00 54,000.00
4 RemalnillO Architectural and Accessories. 8,000.00 40 500.00
d Eau¡";inent
(1) Remove Existing Hexametaphosphate and Polymer
Feed Svstems and Accessories. 18,000.00 6,750.00
(2) Relocate Sodium Sificofluoride Feed System To
Location of Former Hexametaphosphate Feed System.
12,000.00 9,450.00
(3) Furnish and Install New Polymer Feed System
Complete wtth New Piping, Vaives, Fittings and
Accessories. 150,000.00 128,250.00
4 Remaininn Enui""""nt and Accessories. 10,000.00 8,100.00
a PiDina, Valves, Fitlinas and Accessories 8,000.00 24,300.00
Miscellaneous Work: i
1 Maintenance of Flow 20.000.00 4,050.00
2 Miscellaneous Work I 3,000.00 13,500.00
TOTAL I 856,000.00 619,650.00
Page 4 of 7
Bid 05-3743 "South County Regional Water Treatment
Plant Upgrades and Modifications'
Due: November 24, 2004
Project Manager: Karen Gulianl
Date Posted: October 22. 2004
Agenda item No.1 OF
March 8. 2005
Noti~6 (JfJ!f,7
Packages Received: 2
Mitchell & Stark DN HÎiXríns
3 New Exhaust Fans and Gravitv Louvers
In Existina Chemical Room:
a) S1nJdurat Modifications 20.000.00 10,800.00
(h) 8ectrical 50 000.00 55,350.00 .
c) Eauioment
(1) Install Four (4) New Exhaust Fans Furnished and
Installed By CONTRACTOR and Accessories in
Existina Chemical Room. 48.000.00 40 500.00
(2) Install Four (4) New Gravity Louvers. Two (2)
24"x16" and Two (2) 24"x40", Furnished and Installed
by CONTRACTOR and AcœssoIies in ExIsting
Chemical Room. 12,000.00 22,950.00
3 Remainina EauiDment & Accessories 11,000.00 6,750.00
Pinlnn, Valves and Fittinas and Accessories. 0.00 5.400.00
e Miscellaneous Work
1 Maintenance of Flow 2,000.00 2.700.00
2 Miscellaneous Work 1 000.00 5,400.00
TOTAL 144,000.00 149.850.00
Page 50f7
Bid 05-3743 "South County Regional Water Treatment
Plant Upgrades and Modifications"
Due: November 24, 2004
Project Manager: Karen Gullani
Date Posted: October 22, 2004
Agenda Item NO.1 OF
March 8. 2005
NotiSIIB:ßeÅti ~~7
Packages Rèœived: 2
Mitchell & Stark DN Higgins
4 Odor Control and Chemicai Storage Area
a) Structural
(1) Reinforced Concrete Retaining Curb and Sump
P 111m Inlet Wells 44,000.00 114,750.00
2 Remainina Structural & Accessories 22,000.00 20,250.00
Electrical 55,000.00 67,500.00
c EriuIDment
1 Three 3 Submersible Sump Pumps and Controls 9000.00 33,750.00
2 Remaininn 81u¡;;ment & Accessories 2,000.00 5,400.00
d Plainn, Valves & Frtfinns 8,000.00 16,200.00
e Miscellaneous Work 122,000.00 63,450.00
TOTAL 262,000.00 321 300.00
5 Chlorine Svstem Uoorade
a 1 Structural 8,000.00 9,450.00
bl Eiectrical 10,000.00 48,600.00
c1EouiDment
(1) Remove, Salvage, Package and Transport to North
COUNTY Regional WTP, One (1) Existing Four (4) One
Ton Beam Scale Located in the Chlorine Room. 2,500.00 6,750.00
(2) Remove and Relocate One (1) Existing Six (6) I
Cylinder One Ton Cylinder Beam Scale to a New
Location in the Chlorine Room, Replacing the Existing
Four /41 One Ton Cvlinder Scale. 2,500.00 i 8.100.001
(3) Install One (1) New Seven (7) Cylinder One (1) Ton I I
Beam Scale Furnished and Installed by the I i
CONTRACTOR in the Existing Chlorine Room I
C mclete with Accessories 11,000.00 ¡ 10,800.00,
d pioinn Valves & Fittinns 7,000.00 4,050.00,
e Miscellaneous Work I
1 Maintenance-of-Flaw 4,000.00 2,700.00
2 Miscellaneous Work 2,000.00 4.050.00
TOTAL 47,000.00 94.500.00
6 Inatrumentation
al Field and Panel Mounted Instrument5 17,500.00 16.200.00 I
b\ Process Instrumentation SvstelTl$ . 100,000.00 114,750.00 l
c\ Rema¡¡;¡¡;aEriUiDment and Accessories 40,000.00 40,500.00 I I
TOTAL 157.500.00 171,450.00 I
Page 6 of7
Bid 0!>-3743 "South County Regional Watef Treatment
Plant Upgrade6 and Modification6"
Due: November 24, 2004
Project Manager: Karen Guliani
Date P06ted: October 22, 2004
Agenda Item NO.1 OF
March 8. 2005
N~l!IeñtI öt!:17
Packages Received: 2
Mitchell & Stark DN Hlooins
7 Miscellaneous:
a Bonds & Insurances 19,000.00 20,250.00 -
b Indemnification 1,000.00 6.750.00
c MobUization 65,000.00 54,000.00 -~~-
d Demobilization 40,000.00 27,000.00
TOTAL 125000.00 106,000.00
6 Section 01310, Prooress Schedule Submittals:
allnteMm Schedule 2,500.00 6,750.00
bf Detailed Schedule 2,500.00 6,750.00
c) Monthly Status Report 7,500.00 6,750.00
cfiQuartel1y Status Report 2 500.00 4,050.00
8\ start-uP Schedule 2,500.00 6.750.00
n As-Built Schedule 2,500.00 6,750.00
TOTAL 20.000.00 37,!!~
TOTAL BASE BID (SUMMATION OF ITEMS 1 i
THROUGH 8 1,623,500.00 1858,950.00
MATERIAL MANUFACTURERS Y Y
UST OF SUBCONTRACTORS Y Y I
STATEMENT OF EXPERIENCE OF BIDDER Y Y
TRENCH SAFETY ACT Y Y
CONFLICT OF INTEREST Y Y
BID BOND Y Y
I
TAddenda Acknowledged (Y/NI y Y
I Mandatorv Pre-Bid y y
Aaent] Brenda BMlha
WitnesslSue Hebbe'" ""-
I - i
I
I
I ] I
Page 7 of7
. .
CONI
Agenda Item No.1 OF
March 8, 2005
Page 51 of 57
9311 College Parkway, Suite 1
Fort Myers, Florida 33919
tel: 239 432-9494
fax: 239432-9453
December 21, 2004
Ms. Karen Guliani, P .E.
Senior Project Manager
Collier County Public Utilities Engineering Department
3301 East Tamiami Trail, Bldg. H
Naples, FL 34112
Subject:
Collier County Bid Number 05-3743
South County Regional Water Treatment Plant (SCRWTP)
Modifications and Upgrades
Apparent Low Bidder Evaluation
Dear Ms. Guliani:
On December 3, 2004, bids were received by Collier County for Modifications and Upgrades
to the South County Regional Water Treatment Plant (Bid No. 05-3743). Bids were submitted
by two bidders, with the apparent low bid submitted by Mitchell & Stark Construction, Inc.,
in the amount of $1,623,500.00 for Base Bid Items 1 through 4. The apparent low bid is
approximately 10 percent below the Engineer's estimate of probable cost of $1.8 million for
Base Bid Items 1 through 4. CDM has reviewed the bid package and references for the
apparent low bidder for the Collier County SCRWTP Modifications and Upgrades project.
We have checked several engineering firm references and with CDM construction!
engineering staff, regarding their knowledge of the performance of Mitchell & Stark
Construction, Inc. on recently completed or ongoing projects, on which Mitchell & Stark
Construction was the general contractor. Comments from engineering firms, CDM staff, and
the Collier County Public Utilities Engineering Department were favorable and indicated that
Mitchell & Stark's performance was satisfactory on recent projects, where Mitchell & Stark
Construction, Inc. was the general contractor.
We have the following conclusions, based on our review and evaluation of the apparent low
bidder and their bid package.
. References contacted indicated that Mitchell & Stark's previous and current performance
was favorable or satisfactory.
. Mitchell & Stark Construction has been the general contractor on water and wastewater
projects ranging in size from 1 to 3 million dollars.
ltr_GLiiønLBid Acceptance.doc
consulting. engineering. construction· ope-rations
ClIVI
Agenda Item No.1 OF
March 8, 2005
Page 52 of 57
December 21, 2004
Ms. Karen Guliani, P.E.
Page 2
· Mitchell & Stark Construction has constructed projects along the west coast of Florida
from Tampa to Naples, and Collier County is within their geographic range.
· Mitchell & Stark Construction has completed previous projects of similar size and
complexity as the proposed work.
· Mitchell & Stark Construction is capable of performing the work of various trades
(equipment, pipe installation, etc.) with the exception of electrical work.
· CDM has checked the summations in the bid proposal form, and no errors were found.
In summary, we believe that Mitchell & Stark Construction, Inc. is qualified to perform the
construction of the Modifications and Up~rades at the SCRWTP and have performed
satisfactorily in the past. CDM recommet}ds that Collier County award the project for the
Total Lump Sum Base Bid, for Base Bid Items 1 through 4, of One Million Six Hundred
Twenty Three Thousand Five hundred dollars and no cents ($1,623,500.00), to Mitchell &
Stark Construction, Inc.
Should you have any questions or wish to discuss the issue further, please do not hesitate to
call us.
Very truly yours,
~~~~
Adam Sobolewski, P.E,
Construction Manager
Camp Dresser & McKee Inc.
cc: Stephen Lang, Plant Manager, SCRWTP
Don Lindeman, CDM
Bob Driver, CDM
Rick Shelton, CDM
Ltr_GulianLBid ^«ept1nce.ckx'
I
'----
~ CDM CotIa/ru_ /nc..
9·21.04 South County Regional WTP Mods and Upgrades
Agenda Item No, 10F
March 8, 200Äge 1
Pa9@l~ ~9PM
Sp,..dshw\ L..wl
--~-------'-----'---'
_.~._--.__.._-_._-_.-
L..bo, Amount Matarlal Amount Equip Amount Sub Amount Olh... Amount Total Amount pa;.::: of
01 General Requirements
01000 IncMmnlfleatlon.
91~1,.I~~eII"nl.fk;~~~'!!1
~1JI~~~_O_.A.!!~'W.~,!~~. ~~_,~!.n~~...!.~ _, __ .____._____ ___ __
01000 AJlowance for AmendrMnts
QZGtS·201D Cnem BldfJ D.mo & Mod
02065 Demotltlons and Modifications
D_~~·~9.10 ~,:,!_o &.~od at ~~r Control System
O~~ P.emolltlpns .",d Modifications
020155,,(010 Demo & Mod at tligh S.rvlce Pump Arn
02065 Demolitlonl and ModffiClUona
11002·2010 Chemal Bldg CMmlçala
__..._jJI!OJ_Ç.hlmi_~~____ _______..___.__
02 Sit. Construction
~~~~201.~_ cl!e_I!'.~~~.~~I!1_Y~ .~od_
o~S.-'?~!'IOI_tt~_O~! ~n~_M~_~ttf?n:s
022'0..010 8y~s. Pumping
DZ240 8y·p... Pumping
03300-3031 Sump $OG (4'x4'x&")
___ D33~'-Il~t..tn~~. Conç.re!!._._ _ _ _._
_ ~~~.~~~~~~~, Ç~n~~ ~~~~_ ~~~_ M~~. _
05500 MI.e Met.l.
03 Ço~.
0%06&.2010 Chern Bid; D~ & Mod
02O&S Oemolttl~. and Mod.lflcatlons
03300·2010 Chem Bldg Curb *M--6 (27'xtS"x6")
~____~.3300 Cn'~!!.~L~!. Ç.~~'" __._ ___..,.~__
D~3~~~_01~. çt:-II~_~~(;ur"~_·~~_(2!i1'~~'!~~1__ ..__.
&3300 Ca.t-ln.pllC' Concrete
03300-3010 OdO( Control SystMn Grade Bum (205')11 8"x12'"
O~OO C..t~".place Coner... _
~~~O_O.!O~..!.~~!.. ÇC?.!'!~~I. SY.!t~ g.~!'!!!~__è!l~~'~~:~~L.___,___ _
_1).~~ç_!!~:!n_~~--!._ç:_~ÇI"~~e_ _ ____. _,_ _ ___
0330o..J020 Odor Control System Coner.l.. Curb (2"'xS"xe")
03300 C..t~in·PliIC' Concrele
03)00..3021 Ramp at Odor Control Slab
03~ Ca~t.ln·PI~. ConÇ!'ete _
_ O;J~_~:3_DªO_ Ç~~~..I!,~.I..~I! .5~p~~II!.__ _. _..__.. _._ _._ _.n n_
03300 C..t~n·Pli1C' Concrete
033 )()"3031 Sump SOG C"'d'JI8")
03300 C..t~ln·PI.ç. Conçr.t.
0.3300....010 .E!'.Clric.a!.r;gul~l1t Pl!cts -1::-9
~33.~ .C_a_~~.ln-!l~e. çon~_
04MJI.J!nry__ __ __ __
__01'!6~2~Çh.... ~l!Iø_º!!'''L''~~__, m_ ____ . _ __ __, ~ ____ _
02065 Demolition. and Modifications
0~.M..~i!..-__,_" ,__, .. _.. _ ._.
05500·2010 C~ç.1 Btdg Mise Metals
05!OO Mise Motals
ØS500..3010 Odor Control SySlems Mise Met.I.
518
94
521
. u _~~_ _ ,______~.~
- -.- -.-.-. --.- -.- - ..- -
100 100 0,003
2oo.GOO 200.000 5.671
575 0.016
94 0.003
521 0.015
2.4~ . º,OJO
4,733 0.134
89.533 2.539
..~ .. 0.001
323 MOO
15 0.000
379__ O,~11
534 0.015
31.119 0.882
&.412" 0.239
8,493 0,241
573 0-.016
4,.01 (1.125
1.301 0.037
0.,. 0.023
47 0.001
2.497 0.071
-- ._---_.__.__..~._._--_._-_.
3.711J
8,684
---_._---.~~-~-----
201
12
-..----.-..- -.- ---- ,-..-
2~L
329
10,.20
~,.a~:!
",115
32~
2,2104
538
4~S..
. _._ u___._
21
_~_. ___ ___·_·___~_·n·_..__·._
.1
35.327
736 200
44.523 1.GOO
122
46
~~ '_~_'nu_ u3~
111 48 47
15.802 157 1,740
4(15~ 55 664
3.359 459 5<11
11~ 70 87
1,580 118 50.
317 36 409
'67 62.. 86
-.-.-.--...-
26
2.400
CDM ConstruclOnllnc.
9-21.04 South County Regional WTP Mods and Upgrades
Agenda Item NO.1 OF
March 8, 200Jj.ge 2
PaQ il¡~ ~Q PM
Sp....dsheet Lovel
_.~---,.__.....~-_.-
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9~~..:~~~.~ ,ç¡;.r.th'¡~_.' sUn:!P.~.. ..._.-.-_...___. __
.. m9-~-'~!O.c ~I.
.07 !I1e!1!'!I~/otc1I~I'!-.!"~~~!'.mm_.
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08 Doo... &.WI.~ . .
08130·2010 FRP OoOrt and Fr.mes
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09 Finishes
.~.~!I!!. ~~ ~!!!!I.!!9._______
_02 FIsId PoIntin¡¡
097224010 Chem Bldg 5..mln. F&ooring
09722 S..ml.... Floorh~
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09122 ~..!lml..! .F~!'I. ..
10. S~.ltleo
~O;l~:~~~~ Ç~~J~I~.gl.-..!~~ L_~"._~ ...... ~___._____
10200 Aluminum Louve,..
_ ~_~1~
..7~L._.__.
Labor Amount M.tsrlal Amount Equip Amount SUb Amount Othor Amount Total Amount PO:: of
980
0..02~
.....,..,.-...--- ---
.64
838
... 0·_·___----·-·-·-
'Lr:q!!Ip',!!!I}t..__. 'm
11201.3010 Subm.rsìb.. Sump Pumps
11207 Corrosion R..istant Subrneraible Sump Pumps
1 ~.21~,""01~ t!.lgh S..-vice Pump.s (CIi,."t Fur.,ìsh,dl.._, .,
1121....~.V.I1J~.~I.!_l!~~¡n~. C~_~':I.!!'P~J!2~
1121.-2 V.lves at Vertical Tu}bi~e.Ç.n, Purn.J'!ò..,_.
1121-4-3 ~O" to be pIIrf0rrn,d by F..lowHrveOroup
1121-4~ V.nlcel Turbine Can Pumps 04,5&e
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1121-4-1 Spare Parts
1121-4-8 F.~fd Vlbr.tlon T,.tlng
11.21-4..J High Servic. Pump Conttng.ncle.
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11256-2010 Polymer Dilu1lonrB.atchlng Sy.lems
11258 PotyrMr Dllution/8atc hlng Syst.ms
12 Furnishings
1 26~-201~C~mical Bid; Chemica's
12110 Rubber Floor M.ss
13 Special Construction
. _~.~~qo:SJ!.~Jr:!!.tru"'!!'!~t~.!!_and C~~I!._._ _..
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150~1Ð HSP Piping
15000 ProCH' Pipe
15500-2010 HVAC at Chemic:.1 Bulldlna
_. _ .____._.. .n___ _'"~._._.__
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1.601
101.250
12
1.200
--.--.-- -'-'-'--'-'- ...--.
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.927
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1.927
31.920
.-----.--...-
0.037
20,000
27.000
13,500
273,100.
12.OG5
.02,800
.99..11
1.500
m. .2~. 900
35.118
28.000
SO,OOO
273..6.00
noes
.02,800
.99,471
8,500
2.,!i1XJ
35,118
28,000
50.000
372 1.350
1.500
20.000
21.000
13._
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00 9"
791 ..500 01
400
.21,792
102.851
3~~O~
75,000
63
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1.30.
0.000
7.722
0.219
1,500
0.043
0.567
0.786
0.383
1,416
0.040
5,729
0.182
7.158
2.043
1 1.4 22
14.163
0.241
0.708
0.996
0.7901
1.418
0.618
2.916
1.212
o.o:w
2.121
2.3g.o
0.061
1.359
COM ConslrUctms Inc.
9·21.04 South County Regional WTP Mods and Upgrades
Agenda Item NO.1 OF
March 8. 200~ e 3
paQVzfJ2io8J ~:~9 PM
--"--
~~---_._..
----_._--_._~--
SprudehHt Leve'
Lobor Amount Meterie' Amount Equip Amount Sub Amount Other Amount Total Amo 1 Percent of
un Total
2.212 10,000 __1~~. -.----
25.712 O.7~?
43.096 -~!~.'~- 219,160 6.214
150.000 ------- 150,000 4.253
___._~~ .1:!~!.~.:V_~ntl!.~~!!..~.!~!~_ Ç,o.nd!tl~nln9._
16 Electrical
'61?OO.~1<!_Electrical W~riI
1~~'~_ct~~1 _
16000-60~O Vanable FNqlN!ncy Dnv.. _
18310 VFe'. at High Service Pumps--3 e,ch
-.--..-------.--
"
.' COM Constructors Inf;.
9-21-04 South County Regional WTP Mod. and Upgradea
Agenda Item No.1 OF
March B. 200$r.ge4
Pagli~6Itf5i:4' PM
Elltlmate Totalll
..-r 106.8i5 4.456,&43 krs
.....ria( 573,4"
-- '.541,110
E""""", 40,042 2,613.236 k"
COw -=
2,476,&05 2,47'.605
U.. 1u St.. % ot M,E&Q 53.335 6.500 %
11WUF1I~ , Bond. BB,18e 2.500 %
........ 35.206 1.000 %
GtrMnI CondtØDnI 282,131 8.000 %
Indnct QHIP ~ 12,000 %
182.091- 3,351,19'
Conbrtgency 187,935 5.000 %
Tot.! 3,52','14
Agenda Item No.1 OF
March 8, 2005
Page 57 of 57
Project Name:
Cost
Qtr1 Qtr2 Qtr3'QtIl4'Qtr1, Qtr2'Q1r3 Qtr4:Qtr1 Qtr2iQtr3,QtIl4;,Qtr1,Qtr2 ,Qir3iQtr4 Qtr1 iQtr2,iQtr3\QtIl4
HI'"
N/'"
Design/Permit
seeo.l84
Procurement
'1,131,1115
Construction/
Inspection
'1,123,500 +
$117.77&
(0_'-)
Project Total
$4,633.834
R _:
_lion '" 0_ ",.,.."."... d long __ ..,,,,,,,*,~ '" "-".. tho _ d
CoI*Kt/lO$-3743 oml SId fll5.37311, olld '" ___ tho _I)' """"0_ far__
ond _110"" '" tho Lne_/n _ T___ __ 01",. So""" CoImIyRe lo...1
Woo,"r T_ PIont Pn>jett 70Ø571. In tho _em' d $3.843.2711. '
;··"""","""_",_,t,",_""","'"""!'".."."";;""¡;¡¡,,,,,,,."¡,~,,,,"::'_;"""',,"" ,
Added - ~ [O~
3)ß}2ð06
EXECUTIVE SUMMARY
Recommendation to give notice of intent to terminate for cause the Lease
Agreement between Gulf Coast Skimmers Water Ski Show, Inc. and Collier
County
Objective: To exercise the County's right under the Lease Agreement between the
County and the Gulf Coast Skimmer Water Ski Show, Inc., to terminate the Lease for
cause and provide one-hundred eighty (180) days notice as provided in the Lease.
Considerations: Gulf Coast Skimmers Water Ski Show, Inc. currently holds a lease on
portions of Sugden Regional Park, Under the terms of the lease the Demised Premises is
approximately three acres of upland area and the entirety of Lake Avalon during water
ski show times and approximately one-half of the lake during practice times. The lease
commenced on January 7, 1997 and is for a term of thirty years, with provisions for two
additional terms of thirty years. The Skimmers pay ten dollars per year in rent.
Throughout the existence of the lease, Gulf Coast Skimmers Water Ski Show, Inc. has
experienced considerable internal conflict and has had a discordant relationship with
Collier County. In 1999 the Skimmers organization sustained internal factioning so fierce
that several incidents occurring on Demised Premises required the intervention of
Sheriœs deputies. A legal battle ensued. The organization is once again experiencing
internal turmoil, and on February 6, 2005 confrontations again demanded a police
presence.
Collier County Parks and Recreation Department staff has compiled a report
documenting lease infractions and addressing additional concerns such as safety,
unauthorized programs, and poor community relations are addressed. The report reveals
that noncompliance with terms of the Lease Agreement has been pervasive, resulting in
excessive expenditure of stafftime and other County resources.
The incessant infractions of the terms of the lease and volatile atmosphere within the
Skimmers organization lead staff to believe that continuing to honor the Lease
Agreement is not in the best interest of the public.
Fiscal Impact: As 'a result of the termination of the Lease Agreement, Collier County
will reimburse the Skimmers $218.33 in advance rent payment. Staff will return with a
business plan for the direct operation of a Collier County water ski program.
Growth ManaQement Impact: No Growth Management Impact is associated with
this action.
'3 \~t)s
0~c\ U0'-
,-\-efYì \<-~
Recommendation: That the Board of County Commissioners give notice of intent to
terminate for cause the Lease Agreement between Gulf Coast Skimmers Water Ski Show,
Inc. and Collier County.
Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation
A Report on Instances of Lease Agreement Noncompliance
Committed by Gulf Coast Skimmers Water Ski Show, Inc.
Compiled by Collier County Parks and Recreation Department Staff
March 7, 2005
Gulf Coast Skimmers Water Ski Show, Inc. currently holds a lease on portions of Sugden
Regional Park. Under the terms of the lease, the demised premises is approximately three acres
of upland area and the entirety of Lake Avalon during water ski show times and approximately
one-half of the lake during practice times. The lease commenced on January 7, 1997 and is for a
term of thirty years, with provisions for two additional terms of thirty years. The Skimmers pay
ten dollars per year in rent. The Lease Agreement is attached as Exhibit A.
Throughout the existence of the lease Gulf Coast Skimmers Water Ski Show, Inc. has
experienced considerable internal conflict and has had a discordant relationship with Collier
County. In 1999 the Skimmers organization sustained internal factioning so fierce that several
incidents occurring on Demised Premises required the intervention of Sheriff s deputies. A legal
battle ensued. The organization is once again experiencing internal turmoil, and on February 6,
2005 cOnITontations again demanded a police presence.
Noncompliance with terms of the Lease Agreement has been pervasive, resulting in excessive
expenditure of staff time and other County resources. This report serves as a record of all
instances of noncompliance that the Parks and Recreation Department has been able to
document, organized by Lease Agreement article. Additional concerns such as safety,
unauthorized programs, and poor community relations are addressed, as well.
ARTICLE 1. Demised Premises
If the entire Lake should be required by LESSEE, LESSEE shall obtain prior written
approval from LESSOR.
The Gulf Coast Skimmers have used the entire lake without obtaining prior written approval
from the Collier County Parks and Recreation Department on the following occasions:
March 5, 2005
November 6,2004
April 23, 2004
May 19,2004
October 27,2001
Water Ski Show for Muscle Car Show (See Exhibit B)
Water Ski Slalom Course Set Up on County Side Of Lake (See Exhibit C)
Ski Boat Close to Swimming Area (See Exhibit D)
Ski Boat Over in Weeded Area (See Exhibit E)
Ski Boat Close to Swimming Area (See Exhibit F)
ARTICLE 4. Other Expenses and Chan!es
1
-_.'-'"-~-'-
-^".~._-_.,._-
LESSEE shall pay all janitorial services and utility charges once those services are
operating including, but not limited to charges for gas, electricity, light, heat, air
conditioning, power, water, sewer and telephone.
In January 2002 Collier County Parks and Recreation Department began to receive electrical
bills for the Sugden amphitheater from Florida Power and Light. It was discovered that the Gulf
Coast Skimmers called FPL and had the responsible party for the amphitheatre electrical service
changed to Collier County Parks and Recreation Department. Kay Human, Operations Analyst
with Collier County parks and Recreation, verified with Kim Saunders ofFPL that John Gursoy
(Skimmers president at that time) changed responsible party on the service. No Parks and
Recreation Department employee authorized the change. (See Exhibit G)
ARTICLE 5. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised
Premises, LESSEE will provide to LESSOR all proposals and plans for alterations,
improvements, changes or additions to the Demised Premises for LESSOR'S written
approval, specifying in writing the nature and extent of the desired alteration,
improvement, change, or addition, along with the contemplated starting and completion
time for such project. LESSOR or its designee will then have sixty (60) days within which
to approve or deny...
The Gulf Coast Skimmers organization has made the following alterations and additions without
the approval of the pennission of Collier County Parks and Recreation Department:
December 2004
Flagpole foundation hole and trenches were dug without prior pennission.
Trenching caused damage to six (6) of the irrigation system pipes and
destroyed the St. Augustine / Floratam sod. Beach and Water
Superintendent Murdo Smith, who was the Parks and Recreation
Department's designee, had no knowledge of the project. (See Exhibit H)
ARTICLE 5. Modifications to Demised Premises
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration ... to observe and comply with all then
and future applicable laws, ordinances, rules, regulation, and requirements of the United
States of America, State of Florida, County of Collier, and any and all governmental
agencies.
The Gulf Coast Skimmers have committed numerous Collier County Code violations, as follow:
January 2005
March 2004
Hot Tub Violation (See Exhibit I)
Boat Lift Violation (See Exhibit 1)
2
'_.__.~-~~.~_..._.---.
June 2003
September 2003
August 2003
July 2003
January 2002
July 2001
May 2001
Sign erected without permit (See Exhibit K)
Numerous Violations (See Exhibit L)
Fence without permit
Storage container without permit
Amended Site Development Plan without approval
Illegal accumulation of weeds (over 18 inches in height
Illegal accumulation of litter and debris
Evidence ofleaking gasoline storage tank (turned over to Pollution
Control)
Illegal StoragelUse of building materials (see Exhibit M)
Tent and booths erected without permit (see Exhibit N)
Sign erected without permit (See Exhibit 0)
Tent and booths erected without permit (see Exhibit P)
Sign erected in right-of-way without permit (involved in motor vehicle
accident) (see Exhibit Q)
ARTICLE 6. Access to Demised Premises
LESSEE shall be authorized to utilize the Demised Premises Monday though Sunday from
8:00 am to sunset.
There has been a consistent pattern of the Gulf Coast Skimmers members not leaving Sugden
Regional Park at the designated time. This has caused scheduling problems, prevented Park
Rangers from completing assigned duties, and strained relations between staff and members of
the Skimmers group. (See Exhibit R)
ARTICLE 6. Access to Demised Premises
LESSEE shall limit its use of the Lake to fifty (50) percent of the total available hours
granted to LESSEE listed above.
The Parks and Recreation Department has continually asked the Gulf Coast Skimmers to provide
a schedule for using motorized boats on Lake Avalon. The reply the Parks and Recreation
Department received was that the Skimmers would be using the Lake from "park opening until
sunset 7 days per week." In a Naples Daily News article of September 17, 2003 Gulf Coast
Skimmers founder John Gursoy stated that volunteers "are not available until 5 or 6 p.m. on the
weekdays." (See Exhibit S)
ARTICLE 9. Insurance
LESSEE shall provide and maintain general liability, property liability, and pollution
liability of no less that One Million Dollars and No/Cents ($1,000,000.00) combined single
limits during the term of this agreement. Also, LESSEE shall provide and maintain at all
3
times watercraft liability coverage of Five Hundred Thousand Dollars and No/Cents
($500,000.00) combined sing Ie limits and pollution liability coverage of One Million
Dollars and No/Cents ($1,000,000.00) combined single limits. In addition, LESSEE shall
provide and maintain worker's compensation insurance covering all employees meeting
statutory Limits in compliance with the applicable State and Federal laws. The coverage
shall include employers liability with am minimum limit of One Hundred Thousand
Dollars and No/I00 cents ($100,000.00) each accident.
Such insurance policy(ies) shall list Collier County as an additional insured thereon.
Evidence of such insurance shall be provided to the Collier County Risk Management,
Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida 33962, for
approval prior to the commencement of this lease agreement; and shall include a provision
requiring ten (10) days prior written notice to Collier County c/o County Risk
Management Department in the event of cancellation or changes in policy(ies) coverage.
As of March 7,2005, certificates on file at Collier County Risk Management Department do not
cover general liability, worker's compensation, employee liability and pollution liability. (See
Exhibit T)
ARTICLE 16.
LESSOR'S / LESSEE'S Commitments
LESSOR shall not authorize any motorized public watercraft to be operated on Lake
Avalon other than those belonging to LESSEE that will be used for LESSEE'S activities.
In each of the following instances the vessel used was not registered with Collier County Risk
Management as one of the Gulf Coast Skimmers authorized vessels. Prior approval was not
obtained for the use of any of the following vessels:
On March 5,2005 a personal watercraft belonging to Glenn Herriman, President of the Gulf
Coast Skimmers was used in a water ski show.
On November 8, 2004 a non-Skimmer boat was launched in the water adjacent to the Sheriff's
house on the County side of Lake Avalon. The launch was recorded in Activity Samplings
Report of the Collier County Park Ranger on duty. (See Exhibit U)
On February 10,2004 Skimmers operated jet skies on Lake Avalon. Jet skies are prohibited on
Lake Avalon. (See Exhibit V)
On September 20, 2004 Skimmers permitted a black ski boat to be launched in the area adjacent
to the Sheriffs house on the County side of Lake Avalon. This was not a Skimmers boat. (See
Exhibit W)
On September 1 8,2003 Skimmers launched a Wakeboard Boat on Lake Avalon. (See Exhibit
X)
4
On June 1,2003, the Skimmers hosted a Gator Wake Board competition. During that
competition, the Skimmers permitted an unauthorized Gator Wake Board boat access to Lake
Avalon. In an e-mail correspondence, Murdo Smith, Beach and Water Superintendent,
questioned then president John Gursoy ifthere had been a wakeboard competition at Lake
Avalon the past weekend, and Mr. Gursoy responded no. (See Exhibit Y)
ARTICLE 16.
LESSOR'S I LESSEE'S Commitments
LESSOR will allow LESSEE to host private functions on the Demised Premises for award
banquets, birthday parties, youth group organizations as long as the LESSEE provides the
LESSOR one (1) week's notice and it is a Gulf Coast Skimmers event. LESSOR shall
provide LESSEE with written approval of request.
An announcement was published in the January 27,2005 edition of the Naples Daily News that
the Gulf Coast Skimmers were sponsoring a car show trom 1 :00 - 4:30 pm on February 6,2005.
Collier County Parks and Recreation Department officials had no prior knowledge of this event.
(See Exhibit Z)
On June 18, 2004 the Gulf Coast Skimmers did a show for a Daycare at Sugden Regional Park.
No notice was received concerning this event. (See Exhibit AA)
On June 8,2004, Southern Extreme and the Skimmers were skiing jointly on Lake Avalon. The
southern Extreme ski group operates at Germain Arena in Fort Myers. There was neither prior
notice nor permission for this group to ski on Lake Avalon. (See Exhibit BB)
On May 30, 2003 boats trom Sarasota, Florida were practicing with the Gulf Coast Skimmers.
No prior notice was given nor did Collier County Parks and Recreation Department officials give
permission. (See Exhibit CC)
On June 1,2003, the Skimmers hosted a Gator Wake Board competition. No prior notice was
given to nor Collier County Parks and Recreation Department officials gave permission. (See
Exhibit Y)
SAFETY
Numerous health and safety incidents have occurred involving the Gulf Coast Skimmers. Some
of the incidents have threatened the well being of the members of the Gulf Coast Skimmers
organization as well as the general public utilizing Lake Avalon.
November 28,2004 Skimmer members (children) were jumping from the ski boat ramps.
Endangered Skimmer children. (See Exhibit DD)
April 4, 2004 Skimmers drove the ski boat too close to the swimming area.
Endangered general public. (See Exhibit EE)
5
August 30,2003 Skimmers skiing on Lake Avalon during a thunder and lightening storm.
Endangered Skimmer members. (See Exhibit FF)
May 11, 2003 Then Skimmer president, John Gursoy was driving a motorbike
approximately 20 miles per hour on the bike path.
Endangered general public. (See Exhibit GG)
February 16, 2002 Ski boat traveling at high speed with skier in tow came dangerously close
to the gazebo adjacent to the handicapped pier
Endangered Skimmer skier and general public. (See Exhibit HH)
October 27,2001 Skimmer boat came within ten (10) feet of the buoyed swim area.
Endangered general public. (See Exhibit II)
June 9,2001 Unsupervised Skimmer children were diving from the ski jump.
Skimmer ski boat was towing a large rubber raft with children on it.
Endangered Skimmer children. (See Exhibit JJ)
November 5,2000 Skimmer boat hit a fishing pier on Lake Avalon. The three individuals in
the boat were ejected. One of the individuals was taken for medical
attention.
Endangered Skimmer members and general public. (SeeExhibit KK)
September 3,2000 Four (4) All Terrain Vehicles (ATV) were being driven by Skimmers
members.
Endangered Skimmer members and general public. (See Exhibit LL)
UNAUTHORZEDPROGRAMS
On June 14,2004 a Request for Legal Services was forwarded to Collier County Attorney's
Office. The Parks and Recreation Department was seeking direction as to whether the Skimmers
were permitted to run a sports camp. The County Attorney gave his opinion that the Skimmers
Agreement does not allow this (type of program) without written consent of County. (See
Exhibit MM)
The Skimmers continue to advertise and solicit for water ski camps, and group and private
lessons. (See Exhibit NN)
Additionally, on June 1, 2003, Beach and Water Superintendent Murdo Smith was told that in
order to circumvent the Skimmers Lease Agreement, the Skimmers were charging participants
$20.00 and making them members for a day and allowing them to ski and operate power boats
on Lake Avalon. (See Exhibit 00)
6
POOR COMMUNITY RELATIONS
On July 14, 1999 then Parks and Recreation Department Director, Marla Ramsey received a
letter stating that Cheryl Strober felt that her child was being treated poorly by the Skimmers
because of her Jewish affiliation. (See Exhibit PP)
The Collier County Sheriff's Department was called to Sugden Regional Park on February 6,
2005 regarding a dispute between Gulf Coast Skimmers members. Police reports were filed.
(See Exhibit QQ)
A letter was received by the Parks and Recreation Department requesting the assistance of the
Department in solving the problem between the Gulf Coast Skimmers Water Ski Show, Inc.,
Collier County and John Gursoy. (See Exhibit RR)
7
Lease # 798
LEASE AGREEMENT
THlS LEASE AGREEMENT entered into this ~ day of ~ ] 997, between Gulf Coast
Skimmers Water Ski Show, Inc., a not-for-profit Florida Corporatioh, whose mailing address is .4002 Cindy
Avenue, Naples, Florida 34112, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112,
hereinafter referred to as "LESSOR".
WITNESSETH
In' consideration of the mutual covenants contained herein, and other valuable consideration, the parties
agree as follows:
ARTICLE l.
Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described in
Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises",
situated in the County of Collier and the State of Florida, for the sole purpose of operating a water ski program
for youths. The Demised Premises shall consist of utilization of the entire lake known as Lake Avalon ("Lake")
during show times, and approximately one half (1/2) of the Lake during practice times and approximately three
(3) acres of land which wilJ accommodate bleachers, covered grandstand, concession stands, boat storage,
maintenance building and docks and other related facilities. The construction of the aforementioned
improvements will be the sole responsibility and cost of the LESSEE. If the entire Lake should be required by
LESSEE, LESSEE shall obtain prior written approval from LESSOR. Except for boat storage, maintenance
buildings and concession stands and except as provided for in Article 16 of this Lease Agreement, the use of the
Demised Premises shall be non-exclusive and open to the public.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of thirty (30) years commencing upon
execution of this Lease Agreement and ending thirty (30) years from that date. LESSEE is granted the option,
provided it is not in default of any of the terms of this tease, to renew same for two' (2) additional terms of thirty
(30) years each, under the same terms and conditions, as provided herein, by giving written notice of LESSEE'S
intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate
hereby created or the renewal term in effect. Said notice shall be effective upon placement of the notice in an
official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid.
LESSOR shall have the right, with cause to terminate this Lease by providing LESSEE with one hundred
and eighty (180) day termination notice. Said notice shall be effective i.Jpon placement of the notice in an official
depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. This Lease shall
automatically terminate ¡fLESSEE becomes a dissolved corporation.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises 'the sum ofTen Dollars and
00/100 Cents ($10.00) per annum to be paid a,t the commencement and on the anniversary date of each following
year.
LESSOR authorizes LESSEE to operate a concession stand at the Demised Premises in order to generate'
income to support the water ski show and related activities. This concession will include, but not be limited to
the sale of ice cream, popcorn, pizza, hot dogs, sodas and souvenir items. No alcoholic beverages are to be sold,
dispensed or consumed on the Demised Premises.
All income from the concession stand shall be used to maintain operations of the LESSEEiS programs. If
those funds are not utilized for said purpose, (1) LESSOR may prohibit LESSEE fro 111 operating the concession
stand and/or (2) LESSOR shall receive thirty (30%) percent of the unused or unencumbered funds as additional
rent on an annual basis at the end of LESSEE'S fiscal year. In order to monitor the use of LESSEE'S funds,
LESSEE agrees to allow LESSOR to review and audit bookkeeping records at LESSOR'S request.
1
Exhibit A
ARTICLE 4. Other Expenses arid Charges
LESSEE shall pay all janitorial services and utility charges once those services are operative including, but
not limited to charges for gas, electricity, light, heat, air conditioning, power, water, sewer and telephone or
other communication service used, rendered or supplied thereupon or in connection with the Demised Premises.
If LESSOR elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as
additional rent within thirty (30) days orits receipt of the LESSOR'S bill or invoice.
ARTICLE 5. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE
will provide to LESSOR all proposals and plans for alterations, improvements,' changes or additions to the
Demised Premises for LESSOR'S written approval, specifYing in writing the nature and extent of the desired
alteration, improvement, change, or addition, along with the contemplated starting and completion time for such
project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said
request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent
to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If afler sixty
(60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence
shall be deemed as a denial to such request to LESSEE.
LESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction,
improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised
Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and
requirements of the United States of America, State of Florida, County of Collier, and any and all governmental
agencies.
All alterations, improvements and additions to said Demised Premises shall at once, when made or
installed, be deemed as attached to the freehold and to have become property of LESSOR. Thirty (30) days
prior to the termination ofthis Lease or any renewal term thereof, LESSOR and LESSEE shall determine what
can be removed from the Demised Premises. Prior to the termination of this Lease or any renewal term thereof,
or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions,
improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by
LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof,
LESSOR may complete said removals and repairs at LESSEE'S expense.
LESSEE covenants and .agrees not to use, occupy, suffer or permit said Demised Premises or any part
thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority.
ARTICLE 6. Access to Demised Premises
LESSEE shall be .authorized to utilize the Demised Premises Monday through Sunday from 8:00 a.m. to
sunset. In the event LESSEE requires access to the Demised Premises after the Park closes to the general
public, prior notice and/or coordination with the Park Ranger shall be required. If any additional times are
required. LESSEE shall provide LESSOR'S Parks and Recreation Director with forty-eight (48) hours written
notice of any additional times. LESSOR'S Parks and Recreation Director shall provide written approval to
LESSEE for any change in hours of operation.
LESSEE shaH limit its use of the Lake to fifly (50) percent of the total available hours granted to LESSEE
listed above. Any exceptions to this will require written approval by the Parks and Recreation Director with
notice provided to Mr. Butch Morgan, 3512 Guilford Road, Naples, Florida 34112.
LESSEE shall limit its use of practices that use four (4) boats to less than twenty (20) percent of the total
available hours granted to LESSEE. A safety boat shall not be considered in any calculation regarding the
number of boats being used in a practice. Any exceptions to this will require written approval by the Parks and
Recreations Director with notice provided to Mr. Butch Morgan, 3512 Guilford Road, Naples, Florida 34112.
LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable
notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for
the purpose of examining the same and making repairs or providing janitorial service therein, and for the
purposes of inspection for compliance with the provisions of this Lease Agreement and providing security of the
site.
2
ARTICLE 7. Assignment and SÜblelting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised
Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such
assignment or sublelting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment
of rent or other sums herein provided or fj'om the obligation to keep and be bound by the terms, conditions and
covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any
of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised
Premises.
ARTICLE 8. Indemnity
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby
acknowledged, shall indemnifY, defend and hold harmless LESSOR, its agents and employees from and against
any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and
expenses (including, but not 1imited to, attorneys' fees and disbursements both at trial and appellate levels)
arising, directly or indirectly, from any injury to, or death of. any person or persons or damage to property
(including loss of use thereot) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing
whatsoever done, or any condition created (other than by LESSOR, its employees, ágents or contractors) by or
on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or
resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any
act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In
case any action or proceeding is brought against LESSOR by reason of anyone or more thereof, LESSEE shall
pay all costs, altorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or
proceeding ¡fLESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR.
The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or
by other persons in the Demised Premises, or from the street or sub-surface, or from any other place, or for any
interference caused by operations by or for a governmental authority in construction of any public or quasi-public
works.
The LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such
damage or injury is the result ofthe gross negligence or willful misconduct of the LESSOR or its employees.
ARTICLE 9. Insurance
LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved
by the Collier County Risk Management Department, for not less than One Million Dollars and No/Cents
($],000,000.00) combined single limits during the term of this Agreement. Also, LESSEE shall provide and
maintain at all times watercraft liability coverage of Five Hundred Thousand Dollars and No/Cents ($500,000.00)
combined single limits and pollution liability coverage of One Million Dollars and No/Cents ($ I ,000,000.00)
combined single limits. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance
covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The
coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and Noll 00
Cents ($100,000.00) each accident.
Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such
insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail,
Administration Building, Naples, Florida, 33962, for approval prior to the commencement of this Lease
Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County
Risk Management Department in the event of cancellation or changes in policy(ies) coverage.
The LESSOR reserves the right to reàsonabJy amend the insurance requirements stated in this Lease by
issuance of notice in writing to LESSEE, whereupon receipt of such notice, LESSEE shall have Ninety (90) days
in which to obtain such appropriate insurance. Said amended insurance coverage shall reflect those standards for
like events conducted within the United States of Anlerica. .
ARTICLE 10. Maintenance and Improvements
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at 'all times. if said Demised
Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If
corrective action is not taken within twenty (20) days of the receipt of such notice, LESSOR will cause the same
to be cleaned and corrected and LESSEE shall assume a.nd pay. all necessary cleaning costs and sllch costs shall
3
èonstitute additional rent which .'
costsincurred by LESSOR.
be paid by LESSEE within len (If
jS of receipt of written notice of
The LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its
employees, agents, independent contractors, guests, invitees, licensees, or patrons.
The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable
rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature
whatsoever which might accumulate and arise from the operations of the LESSEE'S business. Such trash, waste
and refuse shall be stored in closed containers approved by the LESSOR.
The LESSOR will, at its discretion, treat the Lake for weeds.
The LESSOR will arrange for removal of alligators whenever necessary andafier written notice is
provided from LESSEE.
The LESSEE is authorized to landscape and provide security lighting on the Demised Premises, all at
LESSEE'S own expense, with LESSOR'S prior written approval.
The LESSEE will provide general litter pick-up and miscellaneous tasks such as painting of picnic tables
and the like of the entire Lake Avalon Park as an Adopt-a-Park participant.
As stated in Article I of this Lease, LESSEE shall be responsible for the sole cost and expense of
constructing, operating and maintaining the approximate three thousand (3,000) square foot, initial phase, two
(2) story structure which will accommodate concession stands, storage for boats, locker rooms, equipment
storage and administrative offices. Security fencing will also be permitted, if deemed necessary by both parties.
LESSEE will also be permitted to locate a two (2) bay maintenance building on the site. These improvements
shall comply with all of the terms specified in Article 5 of this Lease..
ARTICLE II. Default by LESSEE
Failure of LESSEE to comply for ninety (90) days with any material provision or covenant. of this Lease
shall constitute a default, LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to
LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required
to correct such default). However, the occurrence of nny of the following events shnll constitute II default
by LESSEE, and this Lease may be immediately tenninnted by LESSOR: I
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification of LESSEE or an agent of LESSEE of allY report required to be furnished to
LESSOR pursuant to the terms of this Lease. .
(c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy.
(d) Adjudication as bankrupt.
(e) Making of a general assignment of the benefit of creditors.
(t) If LESSEE suffers this Lease to be taken under any writ of execution.
(g) If LESSOR is named in a litigation suit as a result of LESSEE'S use at the Demised Premises,
and LESSEE is found to be at fault at the time of final judgment, LESSOR will have the right
to terminate this Lease.
In the event of the occurrence of any of the foregoing defaults in this ARTICLE 11, LESSOR, in addition
to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons
and property from the Demised Premises. Such property may be removed and stored in a public. warehouse or
elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process
and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned
thereby. If LESSOR so directs LESSEE, LESSEE shall remove all property from the Demised Premises in a time
allowed by LESSOR. If LESSEE does not remove that property by the LESSOR'S specified time, LESSOR shall
have the right to enforce its right as stated above in this paragraph.
4
-The LESSOR may at its 0: terminate this Lease after receipt b) . ..:iSEE of thirty (30) days notice in
writing jf a lien is filed against thr::leasehold interest of the LESSEE, and not removed within thirty (30) days,
pursuant to the Florida Mechanics Lien Law.
ARTICLE 12. Default by LESSOR
LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder
unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional
time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specitying
wherein LESSOR has failed to perform any such obligations.
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to
the other party at the following addresses: .
LESSOR:
LESSEE:
Board of County Commissioners
c/o Real Property Mgmt. Dept.
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
Gulf Coast Skimmers Water Show, Inc.
4002 Cindy Avenue
Naples, Florida 34112
cc: Office of the County Attorney
Parks and Recreation Department
. ARTICLE 14. Surrender of Premises
LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises and any
improvements not removed upon expiration of this Lease, or its earlier termination as herein provided, broom
clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or
may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage
by fire or the elements beyond LESSEE'S control excepted.
ARTICLE IS. General Provisions
. LESSEE fully understanas that the police and law enforcement security protection provided by law
enforcement agencies for the abov.e-referenced Demised Premises is limited to that provided to any other
business or agency situated in Collìer County, and acknowledges that any special security
measures deemed necessary for additionalprotection ofthe Demised Premises shall be the sole responsibility and
cost of LESSEE and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its' successors and assigns, to refrain from any use of the Demised
Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard
operations where other operations share common facilities.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
(b) LESSEE agrees to pay all sales tax imposed on the rental or the Demised Premises where applicable
under law. .
(c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation,
by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said
leasehold interest in the Demised Premises.
ARTICLE 16. LESSOR'S / LESSEE'S Commitments
LESSOR shall provide aluminum bleachers to accommodate up to one thousand (1,000) people during the
months of November through March and five hundred (500) people during the months of April through October
until the LESSEE builds a permanent covered grand stand facility. LESSEE shall complete construction of the
permanent covered grand stand two (2) years from the commencement date of this Lease. If this date cannot be
met, LESSEE shall provide LESSOR with written notice not less thán sixty (60) days prior to the scheduled
completion date to notifY LESSOR of incompletion. LESSOR and LESSEE shall, at that time, agree on a new
5
COrriplêÜOn date. The size of the .anent covered grand stand facility ~ not exceed the available parking
which will accommodate approximinely Seven Hundred (700) to One Thousand (1000) persons,
LESSOR agrees, if permits can be obtained, to provide sign age on U.S. 41 east and west bound lanes,
compatible to Florida Department of Transportation standards to announce LESSEE'S activities.
LESSOR shall not authorize any motorized public watercraft to be operated on Lake Avalon other than
those belonging to LESSEE that will be used for LESSEE'S activities.
...)l. .i\\~~he event a canoe, row boat, paddle boat or other boat concession is installed at Lake Avalon Park,
~ESSEE will have the first right of refusal of said concession. For safety purposes, LESSEE shall be consulted
as to the location and operation of a boat concession. Proceeds from a boat rental concession will be addressed
in a separate agreement if LESSEE will be authorized to conduct those activities.
LESSOR will enforce that no fishing takes place along the beach used by the LESSEE, or from any boats
in LESSEE'S practice or show areas.
The Lake will not be available for public boating when being utilized by LESSEE for performances, but
will be available for County programs or activities including fishing from the shore or docks with the exception
of the LESSEE'S Demised Premises.
LESSOR will not permit any other boats on the Lake during the Skimmers performances. LESSEE and/or
LESSOR shall clear the Lake fifteen (15) minutes prior to all performances.
LESSOR will provide additional sand along the Demised Premises beach area to be placed where deemed
necessary by LESSOR. LESSEE may notifY LESSOR of the need to provide sand along the Demised Premises.
LESSOR will allow LESSEE to host private functions on the Demised Premises for award banquets,
birthday parties, youth group organizations as long as the LESSEE provides the LESSOR one (I) week's notice
and it is a Gulf Coast Skimmers event. LESSOR shall provide LESSEE with written approval of request.
LESSOR will permit LESSEE to display signage from major sponsors contributing to the LESSEE'S
programs to be displayed only during show times. No alcohol or tobacco signage will be permitted.
LESSOR will permit LESSEE to float ski jumps, backdrop floats, docks and'slalom courses. LESSEE will
be permitted to place decorative floating fountains in the show course.
Parking spaces highlighted on Exhibit "Au shall not be constructed until determined to be necessary by
LESSOR'S Parks and Recreation Department, but in any case, not as part of the initial construction.
LESSEE shall be permitted to continue flying its Delta Wind Hang Gliders in the ski shows which requires
approval from the City of Naples Airport Authority.
LESSOR shall allow LESSEE to conduct operations and activities at the Demised Premises throughout
the time LESSOR shall make improvements to the Lake Av¡¡lon Park. Parking for attendees of LESSEE during
construction shall utilize parking in those area designated by LESSOR as Public Parking.
LESSOR shall be permitted to review and audit bookkeeping records maintained by LESSEE.
LESSOR'S improvements to Lake Avalon Park will include ample parking for 700 to 1000 people.
LESSEEis permitted to utilize this parking area and understands that these are unreserved spaces to be used by
all public attendees of Lake Avalon Park. 0
LESSEE, with LESSOR'S written approval, may add additional shows if the demand increases above
current capacity.
li'tñæ~~IIËEV;~nR1:f$j¡{~~fjf.B1~f\t¡¡'fl'tii\'·á~Þ€d~¡irþ¡ Jij'¡¡llð;mãk¡î\seagøoaJ; ¡tinifjo¡:ebânga!i"ß;¡t,p-erfu'tiirl'âiméiif. /
LESSEE may charge an admission fee with LESSOR'S written approval, but LESSOR may negotiate a
percentage of that fee to be paid to the LESSOR.
If LESSOR institutes a park entrance fee, those people attending the LESSEE'S performance would be
exempt from that fee.
,0
6
· LESSEE shall be authorizl utilize a public address system du _ performances and LESSOR will
monitor the decibel level. LESSEE shall adhere to Collier COLlnty Code Compliance for sound level limits for use
of public address systems.
ARTICLE] 7. Environmental Concerns
LESSOR will allow LESSEE to install and maintain up to a five hundred (500) gallon, above-ground fuel
storage tank on the Demised Premises not for resale, but to fuel LESSEE watercraft only.
The parties hereto acknowledge that certain federal, state and local laws, regulations and guideline are in
existence or may hereafter be enacted relating to or affecting the Demised Premises regarding the impact on the
environment of LESSEE'S operations. Subsequent to the effective date of this Lease, LESSEE will not cause, or
pennit to be caused, any act or practice, by negligence, omission otherwise that would result in a violation of any
of these laws, regulations or guidelines.
LESSEE agrees to take all actions, at its sole cost and expense, required now or in the future by the
United States Environmental Protection Agency, the Florida Department of Natural Resources or the Florida
Department of Environmental Regulation, Collier County Pollution Control Department under the Environmental
Services Division or any other agenëy, with regard to environmental matters caused by LESSEE'S acts or
omissions.
LESSEE represents, warrants and agrees to indemnify,rei~burse, defend and hold harmless LESSOR,
from and against aU costs (including attorneys fees), costs of investigation and testing or other damages asserted
against, imposed on or incurred by J-ESSOR directly or indirectly pursual)t to or in connection with the
application of any federal, state, local, common law or environmental laws, regulations or guidelines relating to
pollution or protection of the environment.
LESSEE shall obtain all required local, state and federal environmental permits and the Collier County
Environmental Services Division shaU have access to the site at any reasonable time for any reasonable duration
for any kind of environmental inspection and monitoring.
ARTICLE ]8. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following:
Radon is a naturally occurring radioactive gas that, when it has accumulatoed in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. . Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and
radon testing may be obtained from your county public health unit. .
ARTICLE 19.Extent of Liens
All persons to whom these presents may come are put upon notice of the fact that the interest of the
LESSOR in the Demised Premises shalf not be subject to liens for improvements made by the LESSEE, and liens
for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the
interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the
provisions of and in compliance with Section 7]3.]0, Florida Statutes.
ART]CLE 20. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 21. Termination of Prior Lease Agreement
The Lease Agreement between LESSOR and LESSEE dated August 22, 0] 995 is hereby terminated.
ARTICLE 22. Governing Law
This Lease shall be governed and construed in accordance with the laws of the State of Florida.
7
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO.n~,LE;s~dl&':M,'
~,'" . ",:'~' 1.·, " "'~":"~ ('~
DATß.P~ '9~;7:}~:??
,:.: ;-", T :.. : I. {~ ....:.:~,.
A'ITmrt:·iI;:;; ,.;.!. "':\'=~:.-; .::: BOARD OF COUNTY COMMISSIONERS
DWIGHTE;'BROCK,:C¡Ú,R:: COLLIER COUNTY, FLO
"f-~.:.\ .:. -:: ". .~..:-
~.£;~~(¿ BY:
/ .' . ,Deputy Clerk TIMOTHY . H
AS TO LESSEE:
GULF COAST SKI.MMERS WATER SKI SHOW,
INC.
, .~ BY jd l . ¿
WITNESS (s' nature) JOtfN V. GUR OY, esident
Anlì-J'I\o~v....... -t- Dì ße~'1/1 D.vJ D
/ (print name)
Approved as to fOfm and
"g¡t1ci7_~
f.A dA ?h. ^-
Heidi F. Ashton
Assistant County Attorney
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Exhibit B
~D
Napks ¡¡aiIy N£ws
Benefits
Thursday, January 27, 2005
men of
selling
rform-
IY of
at the
1eatre,
'ickets
lation:
Benefit for Bonita YMCA
Big Hickory Seafood Grille,
26107 Hickory Blvd., Bonita
Springs, will present an evening
with Rita Coolidge at 6:30 p.rn. on
Feb. 5. Dinner, soft drinks, coffee
or tea and entertainment is
$189.50. Information: 992-0991
Naples Beaçh Hotel & Golf Club,
851 Gulf Shore Blvd. N. Tickets
are $200. Information: 434-8505.
Good deeds
. Coldwell Banker's communi-
ty foundation awarded a $1,600
grant to Hospice of Naples.
. Eagle Creek Women's Golf
Association presented a check for
$1,300 to the Fresh Start for
Abused Women Fund. The
money was raised at a tourna-
ment held Dec. 7.
. Economic Development
Council of Collier County mem-
. bers, its chainnan and executive
CÜrector volunteered to construct
new homes in Immokalee for
Habitat for Humanity on Jan. 14.
. Mike Kilbourn, a financial
dviser, said he will donate his
oyalty checks from his book,
"Optimal Aging Manual: Your
Guide From Experts in Medicine,
Law and Finance," to tsunami re-
lief organizations.
· Naples Woman's Club is col-
lecting items to be sent to sol-
diers stationed in Iraq. The items
will be sent to Camp Ramadi in
the AI Anbar Province. If you
would like to help, call 262-6331
See BENEFITS, Page 10B
Beau '.iii}:N'e~~~ç¡Can Afford..,
Silent audion and dinner
St. John Neumann High School
will host a silent auction and din-
ner at 6 p.m. Feb. 5at Kensington
Golf and Country Club, 2700
akin Pine Ridge Road. The . cost is
:o~r!. $100. Information: 455-3044, ext.
items 207.
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January
Specials
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· Restylane
· Laser Hair Removal
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Naples Premier
Full Service Medical
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nita
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261-7530
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I added my donation for the Care to Sh
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4002 CINDY AVE
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-------------------------------------------
Meter Reading-Meter 6LJ7132
Current Readi ng 09049
Previous Reading - 08546
KWH Used 503
Energy Usage Last
Year
476
30
15
KWH This Month
Service Days
KWH/Day
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Amt includes the followin char es:
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Account Number: 76627-32432
Service Dates: JUL 26 01 to AUG 24 01
Service Days: 29
NEXT SCHEDULED READ DATE: SEP 252001
'"AFT"
DO NOT PAY
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Account Activity
Previous Statement Balance 64.01
Payment Received - THANK YOU 64.01CR
Billing for Electric Use on Rate: GS-1 GENERAL SVC NON-DEMAND
Electric Service Amount 51.71 **
Gross Receipts Tax Increase 0.53
Franchise Charge 3.05
Utility Tax 2.83
Florida Sales Tax 3.88
Current Electric Charges 62.00
TOTAL NOW DUE:
$62.00
Automatic Funds Transfer - DO NOT PAY
Messages
Your bill will be paid directly from your bank account on or after SEP
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Window film can lower your cooling costs and add to workplace
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film rebate.
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USEFUL TELEPHONE NUMBERS
Customer Service: 1-800-375-2434
Outside Florida: 1-800-226-3545
To Report Power Outages: 1-800-40UTAGE (468-8243)
Hearing/Speech Impaired: 1-800-432-6554 (TIYrrDD)
Visit FPL's Web Site at http://www.fpl.com
Exhibit G
·J'V).kl;:<' Florida Power & Light Company
; PO Box 025576
Miami, FL 33102
~PL /
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5421943254130989397000000
Please request changes on the back.
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IIBWNDJNQ ***
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2671 AIRPORT RD COURT PLAZA I II
NAPLES FL 34112
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PLEASE FILL IN TOTAL AMOUNT PAID
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and mail along with this coupon to:
FPL
GENERAL MAIL FACILITY
MIAMI FL 33188-0001
.. Accóunt Number.·..·
94325-41309
-------------------------------------------
CUSTOMER STATEM
Statement D
Customer
Service A
Meter Reading.Meter 6LJ7132
Current Reading 12009
Previous Reading - 11364
KWH Used 645
Energy Usage
KWH This Month
Service Days
KWH/Day
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Customer Charge: $9.00 per Month
Non-Fuel Energy Charge:
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I TOTAL NOW DUE:
Messages
A late payment charge of 1.0% will apply if not paid by FEB 19, 2002.
The Servicellnitial Charge is a one-time charge to defray
administrative costs required to start your electric service or to make
a change to your account at your request.
Try our new FPL E-Mail Bill option. Receive and view your electric bill
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Hearing/Speech Impaired: 1-800-432-6554 (TIYITDD)
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Exhibit H
- '---'""------._-
rage 1 OI 1
donner_m
From: CYBSHOP@aol.com
Sent: Tuesday, December 21,20045:34 PM
To: donner_m; smith_m
Subject: SUGDEN HILL LETTER FROM TRUEGREEN
December 21,2004
Sugden Park
Naples, FI
Dear Mr. Holder,
Please be advised that there was construction done at Sugden Park that was not completed by TruGreen
LandCare, it seems that a drench was dug for a new Flagpole and lines where dug by the boat ramp, which
also cut irrigation pipes. We where unaware of this work being done and Irrigation wires were also cut. We are
not sure how long the irrigation was down. TruGreen LandCare will not responsible for died grass or for
irrigation repairs. If the county would like we can give a proposal to repair Irrigation and for sod replacement.
Warmest Regards,
Chuck Tenley
Confidentiality Notice
This E-Mail and any files transmitted with it may be privileged, exempt or prohibited from disclosure under applicable law.
If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby
notified that any dissemination, distribution, retention, archiving or copying of this message and/or the contents thereof is strictly prohibited by law.
Attempts to intercept this message are a violation of Title 18 U.S.C. 2511 (1) of the Electronic Communications Privacy Act. Violators are subject to
fines, imprisonment. civil damages or both.
If you have received this message in error or in contravention of the above, please notify the sender, by retum e-mail, immediately.
3/5/2005
Exhibit I
smith_m
From:
Sent:
To:
Subject:
YbacetaEverildo
Tuesday, February 15, 2005 12:13 PM
smith_m
RE: Mr. Gursoy- Hot Tub
Mr. Smith, I am happy to tell you the hot tub is gone. I closed the case.
-----Original Message-----
From: smith_m
Sent: Friday, January 28, 2005 7:34 AM
To: YbacetaEverildo
Subject: RE: Mr. Gursoy- Hot Tub
Thanks Eddy,
I will keep checking on it.
Murdo
-----Original Message-----
From: YbacetaEverildo
Sent: Thursday, January 27,20052:40 PM
To: smith_m
Cc: PetrulliPatricia
Subject: Mr. Gursoy- Hot Tub
Mr. Smith, I spoke to Mr. Gursoy concerning the hot tub he recently added.
I explained to him there were several issues concerning this new addition to that area.
1.- The Tub and platform were it sits on were built to close to the lake and does not meet the allowable setbacks
needed.
2.- The electrical cord powering the unit is not allowed and it present a safety hazard.
3.- Before he can begin the permitting process, he has to submit a S.I.P.
He Stated the hot tub was a distraction to his kids anyway and would be removing it. He stated he would remove it
in the next month.
I am sending you this e-mail as an FYI. BUT (there is always a but)
If he does not comply I would have to give you (Parks & Rec) legal notice of violation with a time period to comply.
I will keep you updated.
'E. ~fjaceta
Code enforcement
Ph: 2394032483
Cell: 239 877 8105
1
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Exhibit J
smith_m
From:
Sent:
To:
Subject:
Glenn Herriman [glenn@excellauto.com]
Monday, March 08, 2004 5:59 AM
smith_m
RE: Sugden
THANK YOU MURDO
THANKS TO YOU WE LOST A $5100.00 DONATION
AND A CHANCE TO COMPETE FOR A NEW SKI BOAT
HOPE THAT MAKES YOU FELL GOOD! ! ! ! !
GLENN
-----Original Message-----
From: smith_m [mailto:MurdoSmith@colliergov.net]
Sent: Friday, March 05, 2004 2:30 PM
To: glenn@excellauto.com
Subject: Sugden
Hi Glen,
Went by Sugden today with our project manager and the boat lift was gone.
That will relieve the compliance issue. Please remember that any
improvements must have the parks and recreation department approval as well
as all applicable County, State and Federal permits.
On Sunday April 11th 2004 the Celebration Church has scheduled a sunrise
service at the amphitheater starting at 7am.
Thanks and if you have any questions please let me know.
Murdo
1
smith m
Exhibit K
From:
Sent:
To:
Subject:
crowley_m
Monday, June 23, 2003 10:30 AM
smith_m
RE: Sugden Park
The ski show sign was chained to a stop sign on Avalon Drive-- that is definitely in the Right-of-Way.
Under the Land Development Code that was an illegal sign that could have been removed, and would have
been removed if our trucks carried bolt cutters. The weekend investigator left a voice message for Mr
Reinertson directing the re-positioning of the sign but got no return call.
Michaelle Crowley
-----Original Message-----
From: smith_m
Sent: Thursday, June 19, 2003 5:14 PM
To: crowley_m
Subject: RE: Sugden Park
Thanks
Murdo
-----Original Message-----
From: crowl eLm
Sent: Thursday, June 19, 20034:51 PM
To: smith_m
Subject: RE: Sugden Park
They are allowed one temporary sign per street frontage of the park (Avalon and Outer Drives),
neither of which can exceed 32 square feet. No balloons, streamers, inflatables, or lights, etc. can
be used to attract attention. The TUP does not allow the placement of little signs anywhere along
the road(s) advertising the show/competition. Those would only be allowed via a separate Right-of-
Way Permit issued by the County Transportation Department. Any signs found illegally in the ROW
will be removed by Code Enforcement -- the LDC requires us to remove them as a safety and traffic
issue.
The weekend Code phone (carried by one of the investigators working) is 734-0306. Sondra will be
carrying the phone this weekend. Feel free to call her if you have questions or problems.
Michaelle
-----Original Message-----
From: smith_m
Sent: Thursday, June 19, 2003 4:42 PM
To: crowley_m
Subject: RE: Sugden Park
Hi Michaelle,
Thanks for the info. I would like to meet and go over the common violations with you. I will contact you on
Monday to set up a time that will work for us both.
I am glad that you obtained a copy of the permit. Can you let me know what signage they are allowed and if I
see anything different over the weekend I will call Code.
Thanks
Murda
-----Original Message-----
From:
Sent:
To:
cc:
Subject:
crowley_m
Thursday, June 19, 2003 12:32 PM
smith_m
arnold_m
Sugden Park
1
I have confirmed that Southern Extreme did obtain a Temporary Use Permit for Sugden this
weekend -- the Planning Dept just neglected to list the Permit in the book.
Attached are photos weekend investigator Sondra DiNicola took on June 1st of illegally
placed boat/trailer, and Gator Board signs in front of the park. I believe there was also a
banner placed over the County Park monument sign in the ROW (close to Tamiami Trail), but
I have no photo of that.
County Parks & Rec staff - not just Code Enforcement -- should be monitoring activities by
the participating organizations to make sure County rules and the lDC are being followed
when public facilities are used. A Notice of Violation would, by necessity, include Parks & Rec
Department as the ultimately-responsible party for an Illegal land Use at any of the parks.
Any organized event at the park that would entail tent(s), booths, signs, etc., can only occur
with a Temporary Use/Special Event Permit obtained in advance¡ written permission from
the owner, Parks & Rec, is required for the TUP to be issued. No organized event should be
allowed to occur on Park property without the requisite Permit. I would be more than happy
to meet with you to discuss common violations.
« File: MVC-034S.JPG» «File: MVC-033S.JPG »
Michaelle Crowley
Code Enforcement Supervisor
Collier County FL
239-403-2487
2
COLLIER COUNTY, FLORIDA
Exhibit L
NOTICE OF ORDINANCE VIOLATION AND ORDER T4
TO: Marla Ramsey, Diret\ctor
Collier County Parks & Recreation Dept.
3300 Santa Barbara Blvd.
NAPLES, FLORIDA 34104
LOCATION OF VIOLATION (LEGAL AND ADDRESS)
WITHIN COLLIER COUNTY ZONING DIST. P.U.D.
SEC: 13, TWN: 50, RNG: 25, SUBD.I00-NAPLES PARK
BLK: 020, LOT: .000, P ARCEL# ,OF COLLIER
COUNTY RECORD. PROPERTY ID: 00392840004
PUD# , TRACT#_, UNIT#_, SDP#_,
OR; 2095 PAGE: 0011
A.K.A. (ADDRESS): 4290 AVALON DR.
(SUGDEN PARK)
NOTICE
PURSUANT TO COLLIER COUNTY CODE
ENFORCEMENT BOARD (C E B ) ORD #92-80 and 97-35,
AS AMENDED, YOU ARE NOTIFIED THAT A
VIOLATION(S) OF THE FOLLOWING COLLIER
COUNTY ORD.(S) AND/OR P.U.D. REGULATION(S)
EXISTS AT THE ABOVE DESCRIBED LOCATION.
ORD(S): 91-102 Amended
ORD(S): 91-102 Amended
ORD(S): 99-51 Amended
SEC.(S): 2.7.6 (Permits)
SEC.(S): 1.5.6.,2.1.15. (Uses)
SEC.(S): 6,7, 11 (Litter &
Weeds)
SEC.(S): 3.3.11. (S.D.P.)
ORD(S): 99-102 Amended
REGULATION(S)
SEC(S)
DESCRIPTION OF CONDITIONS CONSTITUTING THE
VIOLA TION(S).
***** NARRATIVE OF CONDITIONSNIOLATIONS
LISTED ON PAGE TWO. ITEM NUMBER ONE. ******
In
--LINITIAL _RECURRING _REPEAT
ORDER TO CORRECT VIOLATION(S) :
YOU ARE DIRECTED BY THIS NOTICE TO TAKE THE
FOLLOWING CORRECTIVE ACTION(S)
******* CORRECTIVE ACTIONS LISTED ON PAGE
TWO, ITEM NUMBER TWO.******.
ON OR BEFORE: December 27, 2003
PENALTIES MAY BE IMPOSED: Failure to correct the
violations on or before the date specified above will result in ,
I) the filing of an affidavit of violation with the Collier County
Code Enforcement Board, "C.E.B.", charging you with the
violation(s) as described on this fonn. You will/have
receive(d) notification that a hearing will be held which you
and/or a legal representative may attend. Failure to appear
may result in the Board proceeding and making a
detennination in your absence. If the Code Enforcement
Board fmds a violation exists, a maximum fine of $250.00 per
day in the case of a first violation, a maximum fine of $500.00
per day for a repeat violation and a maximum fme of$5000.00
per violation in the event the "C E B" finds the violation to be
of an irreparable or irreversible nature. Fines may be imposed
on a per day basis for each day each violation exists. Costs of
prosecution and/or repairs may also be assessed against you
for any violation, or, 2) the issuance of a Notice to Appear
before the Collier County Court where penalties of up to $500
+ costs may be imposed, or, 3) the issuance of a citation which
you may payor contest in the Collier County Court where
penalties of up to $500 + costs may be imposed.
SERVED BY:
CERT.MUUL ___POSTED
_PERSONAL SERVICE
I ,HEREBY acknowledge I
have received, read, and understand this notice of violation.
Signature and Title of Recipient
Print
DATED THIS 26TH DAY OF September, 2003
REF: CASE NUMBER 2003080612
ITEM NUMBER ONE:
NARRATIVE CONDITIONSNIOLATIONS:
ON SEPTEMBER 11, 2003 I DID OBSERVE
VIOLATIONS IN AND AROUNDTHE GULF COAST
SKIMMERS LEASED AREA OF SUGDEN PARK AS
FOLLOWS:
(1) A WOODEN PRIVACY FENCE ILLEGALLY
CONSTRUCTED WITHOUT OBTAINING A
COUNTY BUILDING PERMIT. (2.7.6.)
(2) FIVE STEEL STORAGE CONTAINERS
ILLEGALLY SPOTTED INSIDE AND OUTSIDE
THE DESIGNATED LEASED AREA WITHOUT
COUNTY PERMITS AND AN AMENDMENT
TO THE SITE DEVELOPMENT PLAN. (2.7.6. &
3.3.11.)
(3) ILLEGAL STORAGE (USES) OF BUILDING
MATERIALS, INCLUDING BUT NOT
LIMITED TO: ROOF SECTIONS, STACKS OF
CONCRETE BLOCKS, STACKS OF PLASTIC
PIPES, OLD TRAILERS, LADDERS, METAL
ITEMS, PRECAST CONCRETE ITEMS, BAGS
OF SAND, PLYWOOD SHEETS AND MISC.
LUMBER. (1.5.6. & 2.1.15.)
(4) ILLEGAL ACCUMULATION OF WEEDS
GROWING TO OVER 18 INCHES IN HEIGHT.
(99-51: 6 & 7)
(5) ILLEGAL ACCUMULATION OF LITTER AND
DEBRIS IN THE LEASED AREA, CONSISTING
OF BUT NOT LIMITED TO: WOODEN
PALLETS, PLASTIC PIPE, PLYWOOD AND
LUMBER SCRAPS, LANDSCAPE DEBRIS,
JUNK LADDERS, PLASTIC BOTTLES, POP
CANS, & PAPER, METAL AND PLASTIC
TRASH. (99-51: 11.)
(6) UPON CHECKING COUNTY RECORDS IT
WAS OBSERVED THAT A SITE
DEVELOPMENT PLAN HAS NEVER BEEN
SUBMITTED NOR THE SUBSEQUENT
APPROVAL GRANTED FOR ANY ADDITIONS
OR IMPROVEMENTS TO THE LEASED AREA
(3.3.11.).
(7) IT WAS ALSO NOTED THAT A GASOLINE
STORAGE TANK OF APPROXIMATELY 400
GALLON CAPACITY HAS BEEN PLACED
ADJACENT TO THE LAKE. THERE IS
EVIDENCE THAT THE TANK FITTINGS ARE
LEAKING GASOLINE ONTO THE GROUND
AND THE CONDITIONS HAVE BEEN
TURNED OVER TO POLLUTION CONTROL..
Page Two of Two
ITEM NUMBER TWO:
NARRATIVE/CORRECTIVE ACTIONS:
(1) OBTAIN ALL NECESSARY PERMITS.
(2) IN THE FUTURE OBTAIN ALL BUILDING
PERMITS IN A TIMELY FASHION.
(3) CAUSE ALL NECESSARY INSPECTIONS TO
BE INITIATED.
(4) SUBMIT A SITE-DEVELOPMENT-PLAN FOR
APPROVAL.
(5) REMOVE ALL ILLEGALLY STORED ITEMS
AND CONSTRUCTION MATERIALS FROM
SITE.
(6) MAINTAIN GRASS AND ALL MOWABLE
VEGETATION TO A HEIGHT CONSISTANT
WITH THE HEIGHT OF GRASS MAINTAINED
IN THE REST OF THE PARK.
(8) REMOVE ALL TRASH AND DEBRIS FROM
PROPERTY AND KEEP THE AREA FREE OF
LITTER.
(9) WITH REGARDS TO THE GASOLINE SPILL:
IMMEDIATE CLEANUP AND CORRECTIVE
ACTION IS REQUIRED. THE COLLIER
COUNTY POLLUTION CONTROL &
PREVENTION DEPT. HAS BEEN ADVISED OF
THE ISSUE.
Exhibit M
COLLIER COUNTY, FLORIDA
ILLEGAL LAND USE
NOTICE OF ORDINANCE VIOLATION AND ORDER TO '-- __~
TO:
JOHN GURSOY (pRESIDENT)
GULF COAST SKIMMERS WATER SKI, INe.
4002 CINDY AVENUE
NAPLES, FLORIDA 34112
LOCATION OF VIOLATION ( LEGAL AND ADDRESS)
WITHIN COLLIER COUNTY ZONING DIST: PUD
SEC 13 TWN: 50 RNG: 25 SUBD: 100- Acreage
BLK. 020 LOT . 000 PARCEL OF COLLIER
COUNTY RECORD PROPERTY ID: 00392840004
PUD# TRACT#_, UNIT# SDP#_,
OR: 2095 PG: 0011
A.K.A. (ADDRESS): 4290 AVALON DR.
(GULF COAST SKIMMERS AREA)
NOTICE
PURSUANT TO COLLIER COUNTY CODE
ENFORCEMENT BOARD (C E B ) ORD #92-80 and 97-35,
AS AMENDED, YOU ARE NOTIFIED THAT A
VIOLATION(S) OF THE FOLLOWING COLLIER
COUNTY ORD.(S) ANDIOR P.U.D. REGULATION(S)
EXISTS AT THE ABOVE DESCRIBED LOCATION.
ORD(S) 91-102 AMENDED
ORD(S) 91-102 AMANDED
P.U.D. NO(S) :
REGULATION(S)
SEC. 1.5.6
SEC. 2.1.15.
SEC(S)
DATED:
DESCRIPTION OF CONDITIONS CONSTITUTING THE
VIOLA TION(S).
ON 8/11/03 I DID OBSERVE THE ILLEGAL
OUTDOOR STORAGE OF CONSTRUCTION
MATERIALS (A SHED/BUlLDING ROOF TOP) IN THE
BOAT PREPARATION AREA.
INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE
ENFORCEMENT INVESTIGATOR:
8/12/03
X INITIAL RECURRING _REPEAT
ORDER TO CORRECT VIOLATION(S) :
YOU ARE DIRECTED BY THIS NOTICE TO TAKE THE
FOLLOWING CORRECTIVE ACTION (S):
REMOVE ALL ILLEGALLY STORED MATERIALS
AND ITEMS FROM THE AREA.
ON OR BEFORE; AUGUST 29, 2003
PENAL TIES MAY BE IMPOSED: Failure to correct the
violations on or before the date specified above will result in ,
1) the filing of an affidavit of violation with the Collier County
Code Enforcement Board, "C.E.B.", charging you with the
violation(s) as described on this form. You will/have
receive( d) notification that a hearing will be held which you
andlor a legal representative may attend. Failure to appear
may result in the Board proceeding and making a
determination in your absence. If the Code Enforcement
Board [mds a violation exists, a maximum [me of $250.00 per
day in the case of a first violation, a maximum fine of $500.00
per day for a repeat violation and a maximum fine of$5000.00
per violation in the event the "C E B" [mds the violation to be
of an irreparable or irreversible nature. Fines may be imposed
on a per day basis for each day each violation exists. Costs of
prosecution and/or repairs may also be assessed against you
for any violation, or, 2) the issuance of a Notice to Appear
before the Collier County Court where penalties of up to $500
+ costs may be imposed, or, 3) the issuance of a citation which
you may pay or contest in the Collier County Court where
penalties of up to $500 + costs may be imposed.
SERVED BY: PERSONAL SERVICE POSTED
-Ã _ CERT. MAIL
Cert. Mail Receipt #
I ,HEREBY acknowledge I
have received, read, and understand this notice of violation.
Signature and Title of Recipient
Print
DATED THIS
\f ' 2003
P-O'1103-1~
o
DAY OF
REF: CASE NO:
~~\I
Cede Case Detail Report
CDPR4204 - Code Case Detail Report
Exhibit N
AO NBR: 224064
INSPECTOR: BOYETTEANDREA
CASE NBR: 2003070051
STATOS: CLOSE
CASE TYPE: ZONING
ADDR NBR: 300202 LOCATION:
FOLIO: 0000000392840004
LOT:
TAZ:
.000
144
BLOCK: 020
PLANNING COMM:
LEVEL: WARN
4290 AVALON DR
13 50 25 BEG W1/4 CNR SEC 13,
E 2854.07FT, S 38 DEG E
96.45FT, E 257.18FT,S 39 DEG
E 593.81FT, S 38 DEG W
SOBDIV: (100)-acreage
EN ZIP: 34112-4961
CLOSE DATE:07/07/2003 CLOSE
DISPOSITION:ABATED
RODRIGOEZ 0
OPEN DATE: 07/01/2003 OPEN OSER:RODRIGUEZ 0
DIRECTIONS: SEATING AREA - GRANDSTAND
CATEGORY: TEMP USE PERMITS
PRIORITY: 0 LAST VISIT:
HEARING DATE:
DESCRIPTION:
FIREWORKS FESTIVAL
CONTACT INFORMATION:
COLLIER CNTY
PHONE:
FAX
OWNER INFORMATION:
COLLIER CNTY
3301 TAMIAMI TRL E
NAPLES, FL
34112-4961
PHONE:
FAX:
COMPLAINANT INFORMATION:
NAME/ADDRESS:
ANONYMOOS
788694
CONTACT?:
PHYSICAL FILE 10:
TENANT INFORMATION:
COLLIER CNTY
PHONE: FAX:
VIOLATOR INFORMATION:
COLLIER CNTY
3301 TAMIAMI TRL E
NAPLES, FL
34112-4961
PHONE: FAX:
PHONE:
FAX:
VISITS:
VISIT NBR INSPECTOR
788693 BOYETTEANDREA
788694 BOYETTEANDREA
SCHEDULED DATE
07/01/2003
VISIT DATE
07/01/2003
REMARKS
NOT ALL IS SET OP. PARTIAL SET
OP ONLY. TOP IS EFFECTIVE
TOMORROW THROOGH SATURDAY.
R/C MONDAY. RC 7/7
ALL REMOVED AS PER TOP.
07/07/2003
07/07/2003
WILL
DR
DR
LETTERS:
REF TYPE
LETTER NAME
RQST DATE PRINT DATE SEND DATE STATOS RECV DATE
VIOLATIONS:
STATUS
COMPLIED
GROOP
TOP
CODE
2.6.33.
VIOL. DATE
7/1/2003
DESCRIPTION/REMARKS
TEMPORARY OSE PERMITS
IMAGES:
IMAGE DATE
IMAGE DESCRIPTION
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Collier County
CD-Plus for Windows 95/NT
COHENTS:
ORIG DATE TIME
STATUS
ORIG USER
COMMENT:
NOTES:
Collier County
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Code Case Detail Report
Exhibit 0
CDPR4204 - Code Case Detail Report
CASE NBR: 2002020013
STATUS: CLOSE
CASE TYPE: ZONING
AD DR NBR: 9072 LOCATION:
FOLIO: 0000064370000022
AO NBR: 183320
INSPECTOR: CROWLEY M
LEVEL: NOV
4290 TAMIAMI TRL E
o HARAS ADDITION
TRACT A
LOT:
TAZ:
1
144
BLOCK: TR A
PLANNING COMM:
EN
SUBDIV:
ZIP:
(3305)-0 Haras Addition
554020000
OPEN DATE: 01/30/2002 OPEN USER:RODRIGUEZ 0
DIRECTIONS: WALGREENS @ LAKEWOOD - SOP 00-120 -
PLAT BOOK 35 PAGES 73-74
CLOSE DATE:10/28/2003 CLOSE
DISPOSITION:ABATED
CROWLEY M
CATEGORY: BUILDING PERMITS
PRIORITY: 0 LAST VISIT:
HEÞ.RING DATE:
808820
CONTACT?:
PHYSICAL FILE ID:
DESCRIPTION:
IMP. PROP. NEW LIGHTS AND ELECTRICAL HOOK-UP TO 2 GROUND LIGHTS THAT SHINE ON GROUND SIGN
FOR GULF COAST SKIMMERS. PHOTOS TAKEN.
CONTACT INFORMATION:
PRENTICE-HALL CORPORATION SYSTEM INC
PHONE: FAX
TENANT INFORMATION:
NET LEASE DEVELOPMENT LLC
PHONE: FAX:
OWNER INFORMATION:
NET LEASE DEVELOPMENT LLC
600 FOSHAY TOWER
821 MARQUETTE AVE S
MINNEAPOLIS, MN 554020000
PHONE: FAX:
VIOLATOR INFORMATION:
GULF COAST SKIMMERS WATER SKI SHOW INC
MR. JOHN GURSOY, REGISTERED AGENT
4002 CINDY AVENUE
NAPLES 34112-6730
PHONE: FAX:
COMPLAINANT INFORMATION:
NAME/ADDRESS:
PHONE:
FAX:
ANONYMOUS
VISITS:
VISIT NBR INSPECTOR
778054 CROWLEY M
SCHEDULED DATE
03/25/2003
VISIT DATE
03/25/2003
REMARKS
RECEIVED CALL FROM JENNIFER WHO
REQUESTED COPY OF NOV &
SERVICE DOCUMENTS. SHE STATES
MIKE PETTIT INSTRUCTED HER TO
LOOK INTO THESE 2 CASES. I
FAXED HER COPIES AS REQUESTED.
DR
Collier County
í'n-Plll~ Fr\'Y' f^7; "Cr1r"11alC! Q5...L1\lT
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__"_"~4"_'_''''''^
D ~ rr 0 __----..J-D..-F
1 r.~"""_"""
765237 CROWLEY M
720713 CROWLEY M
720715 CROWLEY M
730190 CROWLEY M
733658 CROWLEY M
735575 CROWLEY M
02/10/2003
01/30/2002
02/05/2002
05/10/2002
OS/24/2002
05/30/2002
02/05/2003 MR. GURSAY LEFT RETURN MESSAGE
FOR ME TO CALL FOR AN UPDATE. I
CALLED HIM @ 435-2400. HE
STATES THE COUNTY PARKS & REC
SIGN NOW HAS A VALID PERMIT; HE
BELIEVES BURT SAUNDERS & JOE
SCHMITT" NEED TO GET TOGETHER"
TO TALK ABOUT THIS SITUATION -
HE SAYS MURDO SMITH HAS
INDICATED APPROVAL OF A SKIMMERS
PANEL TO BE PLACED OVER TOP OF
THE CAT-TAIL DESIGN ON THE PARK
MONUMENT SIGN CLOSEST TO TAMIAMI
E. WHEN I ASKED WHEN MR.
SMITH SUPPOSEDLY AGREED TO THIS,
MR. GURSAY WAS VAGUE, STATING
ONLY THAT HE SPEAKS TO MURDO AT
LEAST EVERY OTHER WEEK ABOUT ALL
SORTS OF THINGS. RC 2/21
DR
01/30/2002 IMP. PROP. NEW LIGHTS AND
ELECTRICAL HOOK-UP TO 2 GROUND
LIGHTS THAT SHINE ON GROUND SIGN
FOR GULF COAST SKIMMERS. PHOTOS
TAKEN. OFFICE MANAGER POWERS
REPORTED OBSERVING ELECTRICAL
CONTRACTOR DOING INSTALLATION @
7:30 A.M. ON 1/27/02. IT IS
UNDETERMINED PRECISELY WHERE
ELECTRICITY IS COMING FROM, BUT
IT APPEARS TO BE NEAREST TO
WALGREEN'S GROUND SIGN.
RESEARCH REQUIRED. DR
04/22/2002 PREPARED NOV, MAIL NOV USING
LABELS PROVIDED. DR
OS/20/2002 RECEIVED CALL FROM MR. GURSAY.
STATES HE MET ON WED OF LAST
WEEK W/MR. SCHMITT & GAVE HIM A
3-RING BINDER CONTAINING THE "
HISTORY". GURSAY HAS THE
ELECTRICAL PERMIT APPS IN HIS
POSESSION & WILL BE TURNING
THEM IN THIS WEEK. GAVE UPDATE
TO DIRECTOR. MR. GURSAY ADMITS
FORBIS DONATED THE ELECTRIC WORK
" FOR THE KIDS". DR
OS/23/2002 MET W/DIVISION ADMINISTRATOR RE
SITUATION. DR
05/30/2002 RESEARCHED BACKGROUND ON THIS
CASE & COMPANION CASE NO.
2000120458, REVIEWED PACKET OF
MATERIALS SUBMITTED TO
ADMINISTRATOR SCHMITT BY MR.
GURSAY, PACKET ATTACHED TO
COMPANION CASE, PREPARED
SUMMARY & CONCLUSIONS RE
REQUIREMENTS FOR COMPLIANCE,
REVIEWED SAME W/DIRECTOR, SENT
E-MAIL W/ATTACHMENTS TO
ADMINISTRATOR. DR
Collier County
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^""--,_.",,~-----,.","..,~._^
735577 CROWLEY M
738362 CROWLEY M
739528 CROWLEY M
739763 CROWLEY M
06/05/2002
07/15/2002
08/02/2002
08/02/2002
06/24/2002 DIVISION ADMINISTRATOR HAS
DRAFTED A PROPOSED RESPONSE TO
MR. GURSAY, COPY ATTACHED. I
MADE A FEW TYPE CORRECTIONS &
SUBMITTED SAME TO DIRECTOR
M.E.A. FOR REVIEW. BOTTOM LINE
IS MR. GURSAY WILL HAVE TO APPLY
FOR & RECEIVE VARIANCE TO ALLOW
SIGN TO REMAIN AS IS "
OR WILL HAVE TO BRING SIGN INTO
COMPLIANCE AS AN OFF-SITE
DIRECTIONAL SIGN & OBTAIN SIGN
PERMIT & ELECTRICAL PERMIT FOR
SAME, OR WILL HAVE TO REMOVE
SIGN ENTIRELY. IN EITHER EVENT,
CASE WILL REMAIN OPEN FOR THE
NEAR FUTURE. DR
07/02/2002 MEETING IN OFFICE W/DIRECTOR
M.E.A., MYSELF, JOHN GURSOY &
2 OF HIS SKIERS, KRISTA &
CHRISSY. WE DISCUSSED
PROCEDURES FOR VARIANCE REQUEST
AND FEE WAIVER, EXECUTIVE
SUMMARY BY JOE SCHMITT. WRITTEN
PERMISSION FROM FL DEPT. OF
TRANSPORTATION & WALGREENS, AND
PERMIT APPLICATIONS FOR SIGN.
ITSELF & ELECTRIC CONNECTION.
BLANK VARIANCE APPLICATION ( 2
COPIES) PROVIDED TO MR. GURSOY.
PERMITS WILL HAVE TO BE
SUBMITTED BY CONTRACTOR. MR.
GURSOY WILL SUBMIT WRITTEN
REQUEST TO DIVISION
ADMINISTRATOR TO GET PLACED ON
BCC AGENDA FOR POSSIBLE FEE
WAIVER. IF NO WAIVER OBTAINED,
VARIANCE WILL REQUIRE $2,000.
FEE. PROCESS WILL TAKE AT LEAST
( 2 ) MONTHS. DR
07/05/2002 ON 7/3, RECEIVED MESSAGE FROM
MR. GURSOY, VIA TRANSFER FROM
DIRECTOR MEA STATES HE HAS
SPOKEN TO REP. BURT SAUNDERS AND
MIKE DAN'S RE SIGN APPROVAL
INFOR FOR STATE OF FLORIDA DOT,
& THAT THEY WERE MOST HELPFUL.
MR. GURSOY HAD Q'S RE
SINGLE-SIDE VS DOUBLE-SIDED
SIGNS & REAL ESTATE SIGNS. LEFT
VOICE MESSAGE FOR MR. GURSOY @
WORK PHONE 435-2412, ANSWERING
HIS Q'S IN GENERAL TERMS. TOLD
HIM TO CALL ME DIRECTLY, IF HE
HAS FURTHER QUESTIONS. DR
07/09/2002 RETURNED CALL FROM MR. GURSAY.
HE AGAIN STATES THEY ARE WORKING
ON GETTING AFFIDAVIT FROM FDOT &
PULLING PERMITS & VARIANCE
APPLICATION. PHONE 732-0570.
DR
Collier County
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742054 CROWLEY M
742055 CROWLEY M
742056 CROWLEY M
742057 CROWLEY M
742058 CROWLEY M
742059 CROWLEY M
742060 CROWLEY M
07/10/2002
07/12/2002
07/17/2002
07/18/2002
07/19/2002
07/22/2002
07/24/2002
07/10/2002 REVIEWED DIRECTOR'S MEMO TO JOE
SCHMITT - ATTACHED. CONFERRED
W/DIRECTOR AND AGREED THAT
LETTER WILL BE SENT TO MR.
GURSAY IF NO PERMIT APP/VARIANCE
APP RECEIVED BY 7/16, THEN 2
WEEKS LATER ( 7/31) WILL START
CEB PROCESS IF NO FILING BY
THEN. DR
07/12/2002 RETURNED CALL FROM HOLLY GURSAY
732-0570 - AND PROVIDED LEGAL
DESCRIPTION FOR WALGREEN'S
PARCEL TO HER. SHE STATES SHE
IS FILLING OUT APP. FORMS. DR
07/17/2002 RETURNED CALL FROM MR. GURSAY,
LEFT VOICE MESSAGE 435-2412.
DR
07/18/2002 RETURNED CALL FROM MR. GURSAY,
LEFT VOICE MESSAGE @ 435-2412.
DR
07/19/2002 RECEIVED CALL FROM MR. GURSAY,
REQUESTING MEETING RE COMPLETION
OF FORMS. SET MEETING MONDAY @
9:00. ADVISED HIM I WILL BE
SENDING REMINDER LETTER GIVING 2
WEEKS TO FILE PAPER WORK OR CASE
WILL BE REFERRED FOR C.E.B.
ACTION. SAYS HE STILL NEEDS
MORE TIME. DR
07/22/2002 BRIEF METTING @ OFFICE W/JOHN &
HOLLY GURSAY. THEY PROVIDED
COPY OF LETTER TO STATE SENATOR
BURT SAUNDERS RE SECURING FDOT
SIGNATURE ON OWNER'S AFFIDAVIT
FOR SIGN NEAR BLOCKBUSTER. (
ATTACHED ). DETAILS ON
APPLICATION WERE DIRECTED BY ME
TO BE COMPLETED BY ELECTRICAL
CONTRACTOR ( FORBIS) AND SIGN
CONTRACTOR ( MIKE DAVIS/SIGN
CRAFT) . REMINDED MR. & MRS.
GURSAY THAT THIS TIME THE
VARIANCE APPLICATION WOULD NOT
BE ALLOWED TO FALL BETWEEN THE
CRACKS - EITHER A VARIANCE
WOULD BE OBTAINED OR THE SIGNS
WOULD NEED TO BE REMOVED. THE
FIRST STEP IS TO REQUEST FROM
ADMINISTRATOR SCHMITT A STAFF
RECOMMENDATION RE POSSIBLE
WAIVER OF VARIANCE FILING FEE.
THIS HAS NOT YET BEEN REQUESTED
ON BEHALF OF THE SKIMMERS. DR
07/25/2002 DRAFTED LETTER EXPLAINING
DEADLINE FOR FILING PAPERS
BEFORE START OF C.E.B. PROCESS,
LEFT VOICE MESSAGE @ MR.
GURSAY'S OFFICE 12:40 P.M. -
RECEPTIONIST SAID HE WAS @
LUNCH. NO RESPONSE RECEIVED,
ATTEMPTED TO DELIVER LETTER @
RESIDENCE, NOH 2:45 P.M.. DR
Collier County
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742730 CROWLEY M
742731 CROWLEY M
743757 CROWLEY M
747545 CROWLEY M
07/26/2002
08/02/2002
09/02/2002
09/11/2002
07/26/2002 NO RESPONSE RECEIVED FROM
MESSAGE, CALLED WK # @ 11 A.M.,
WAS ON HOLD 24 MINUTES BEFORE
MR. GURSAY PICKED UP. STATES HE
GOT MESSAGE YESTERDAY AND CALLED
DIRECTOR ARNOLD. CLAIMS THAT
THIS MORNING HE SET UP MEETING
WITH MR. SCHMITT & MARGARET
WUERSTLE, PLANNING DIRECTOR FOR
AUG. 2ND. CLAIMS " NO ONE
EVER TOLD HIM" REQUESTING THE
FEE WAIVER NEEDED TO BE DONE
FIRST. HE STATES I AM BEING
DIFFICULT AND THAT I WANT TO "
PUT THE KIDS OUT ON THE STREET."
I ADVISED HIM I WOULD FAX LETTER
& SEND IT VIA REGULAR MAIL
SINCE HE WOULD NOT ALLOW ME TO
GIVE IT TO HIM PERSONALLY
HE CALLED THAT " TOO MUCH LIKE
GETTING SUED." FAXED LETTER
TO SKIMMERS @ 732-0020 &
SENT REGULAR US MAIL BY
DEPOSITING ENVELOPE INSIDE MAIN
POST OFFICE CHUTE. SCAN
LETTER. RC 8/2 DR
08/02/2002 ON 7/3, RECEIVED MESSAGE FROM
MR. GURSOY, VIA TRANSFER FROM
DIRECTOR MEA STATES HE HAS
SPOKEN TO REP. BURT SAUNDERS AND
MIKE DAN'S RE SIGN APPROVAL
INFOR FOR STATE OF FLORIDA DOT,
& THAT THEY WERE MOST HELPFUL.
MR. GURSOY HAD Q'S RE
SINGLE-SIDE VS DOUBLE-SIDED
SIGNS & REAL ESTATE SIGNS. LEFT
VOICE MESSAGE FOR MR. GURSOY @
WORK PHONE 435-2412, ANSWERING
HIS Q'S IN GENERAL TERMS. TOLD
HIM TO CALL ME DIRECTLY, IF HE
HAS FURTHER QUESTIONS. DR
09/04/2002 HAD BRIEF DISCUSSION
(SEPERATELY) W/ DIRECTOR MEA &
ADMIN SCHMITT. THE REQUEST FOR
FEE WAIVER FOR VARIANCE WILL BE
PRESENTED TO BCC ON 09/10/02
NCD
09/10/2002 BCC DENIED REQUEST FOR $ TO
WAIVE VARIANCE FEE, BUT DID
PLACE A 6 MONTH HOLD ON SIGN
ENFORCEMENT ACTION. BCC
DIRECTED STAFF TO WORK W/MR.
GURSAY TO REACH RESOLUTION. SEE
BCC MINUTES FROM 9/10/02,
AGENDA ITEM 10 ( E ). RC 9/16
DR
Collier County
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~.-.-.=--_."
748448 CROWLEY M
748457 CROWLEY M
750794 CROWLEY M
750795 CROWLEY M
750796 CROWLEY M
750797 CROWLEY M
751215 CROWLEY M
09/16/2002
09/19/2002
09/30/2002
10/04/2002
10/08/2002
10/14/2002
10/18/2002
09/16/2002 MEETING W/ADMIN SCHMITT, MR.
GURSAY, MIKE VIGNARI, & KAY
DESELEM. DISCUSSION HELD RE
OWNERSHIP OF STRIP OF LAND WHERE
SUGDEN PARK MONUMENT/GRAND SIGN
EXISTS @ TAMIAMI E. AND AVALON
DR., WHETHER SAID SIGN WAS A
PERMIT ( UNKNOWN @ THIS TIME
), AND POSSIBILITY OF
INCORPORATING SKIMMERS SIGN WITH
A NEW PARK SIGN. MR. GURSAY,
W/ASSISTANCE FROM BURT SAUNDERS,
IS PURSUING POSSIBLE PUCHASE OF
SITE WHERE PETERS AVE. SIGN SITS
- THIS SIGN IS ON THE BACK
BURNER NOW. MIKE VIGNARI WILL
RESEARCH PERMIT STATUS OF PARK
SIGN - POSSIBLY ERECTED IN 1999,
OR IN DEC. 1997, BY SIGN CRAFT.
I ADVISED ATTENDEES THAT ANY "
OFF PREMISES " SIGN IS LIMITED
TO 12 SQ FT WITHOUT A VARIANCE
BEING REQUIRED. RC 9/19 DR
09/29/2002 SENT E-MAIL TO VIGNARI RE SUGDE
PARK SIGN. RC 9/30 DR
09/30/2002 RECEIVED RESPONSE - NOT HEARD
FROM CONTRACTOR. RC 10/4
DR
10/04/2002 RECEIVED E-MAIL FROM COUNTY
ATTY BELPEDIO RE RLS ON
BCC DIRECTIVE FROM 9/10/02
AND ROUTING FOLLOW-UPS. RC
10/8 DR
10/08/2002 RESPONDED TO JENNIFER ADVISING
PARTICIPANTS AT MEETING ON
9/16. PARKS & REC WILL BE
INCLUDED @ NEXT MEETING. RC
10/14 DR
10/11/2002 MULTIPLE E-MAILS TO/FROM
PARTICIPANTS IN MEETING TO BE
HELD 10/18 @ 2:00PM. I RESERVED
CONFERENCE ROOM B FOR MEETING.
ATTENDEES WILL BE JENNIFER
BELPEDIO, MYSELF, MARLA RAMSEY,
MIKE VIGNARI, KAY DESELEM, &
MURDO SMITH. R/C 10/18/02 NCD
10/18/2002 LONG MEETING @ CONFERENCE ROOM
" B" W/MYSELF, JENIFFER
BELPEDIO, MIRDO SMITH OF PARKS
& REC., MIKE VIGNARI, & KAY
DESELEM. DISCUSSED SITUATION.
PARK SIGN DOES HAVE PERMIT BUT
PLACEMENT IS NOT AS INDICATED IN
PERMIT PROBABLE R.O.W.
PERMIT NOW REQUIRED. SIGN COPY
OF 56.88 SQ FT, BUT SKIMMERS
ADD-ON IS ADDITIONAL ILLEGAL
COPY OF 6 SQ FT. MR. SMITH
STATES HE IS NOT AWARE OF ANY
CONTACT FROM MR. GURSAY W/PARKS
DEPT. JENNIFER WILL SUMMARIZE
MEETING IN MEMO TO JOE SCHMITT
& DISTRIBUTE SAME. HOLD ON
ENFORCEMENT ACTION STILL IN
AFFECT. RC 11/18 DR
Collier County
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752287 CROWLEY M
757404 CROWLEY M
766455 CROWLEY M
769680 CROWLEY M
Collier County
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11/18/2002
02/10/2003
02/21/2003
03/11/2003
12/10/2002 RECEIVED MULTIPLE E-MAILS
(ATTACHED) FROM 12/3-12/9,
DEALING W/ SLAMMERS SIGNS. THE
MOST RECENT MAIL IS BETWEEN
ADMINISTRATOR SCHMITT & PUBLIC
SERVICES ADMIN DUNNUCK, ASKING
IF THERE IS POTENTIAL ROOM FOR
RESOLUTION FROM PARKS & REC'S
PERSPECTIVE (AS TO REVISED
ATTACHMENT TO SUGDEN PARK SIGN) .
IF NOT, MR SCHMITT WILL ADVISE
MR GURSOY TO EITHER APPLY FOR
VARIANCE (OR PAY FOR SAME) OR
REMOVE THE SIGNS. FAILURE TO DO
EITHER WILL RESULT IN
PRESENTATION TO CEB. R/C
2/10/02. MJW
02/05/2003 EFT VOICE MESSAGE FOR MR. GURSOY
@ 860-8820 @ 9:30 A.M.
ASKING FOR UPDATE/STATUS REPORT.
SENT E-MAIL TO DIRECTOR &
DIVISION ADMINISTRATOR (
ATTACHED) W/INFO THAT 6-
MONTH STAY WOULD EXPIRE OR MARCH
10, & THAT IF NO RESOLUTION OF
SIGN ISSUES BY THEN I WOULD TURN
CASE OVER TO C.E.B. RC 2/10
DR
02/21/2003 MR. GURSOY LEFT LENGTHY MESSAGE,
STATING HE JUST T/T JOE SCHMITT.
SAYS ENVIRONMENTAL STUDY WAS
JUST FINISHED FOR BLOCKBUSTER
SITE; COUNTY'S REC PROP. WILL
LET PARKS & REC, UTILITIES,
FACILITIES & DOT REVIEW INFO.
TO CONSIDER WHETHER TO TAKE
PETERS AVE SITE INTO INVENTORY;
STATES HE HAS MEETING TODAY
W/COMM COLETTA TO REVIEW WHICH
COUNTY DEPT. CAN/SHOULD ACCEPT
THIS PARCEL & TAKE
RESPONSIBILITY FOR SAME.
REGARDING AVALON SIGN - SAYS HE
HAS AFFIDAVIT FROM WALGREEN'S IN
SUPPORT OF THE EXISTING SIGN;
STATES HE & JOHN DUNNUCK ARE
SCHEDULING TIME TODAY TO GO ON
SITE RE ADDING TO SUGDEN PARK
SIGN PER BCC MINUTES P 209
PURSUANT TO THEIR DIRECTIONS.
STAY ON PROSECUTION WILL EXPIRE
3/10/03. RC 3/11 DR
03/19/2003 SIGN REMAINS UNCHANGED. CHECKED
" SHINY BOOK" AND WITH IVETTE
MONROIG OF PLANNING SERVICES -
NO VARIANCE APPL SUBMITTED.
ADMINISTRATOR SCHMITT HAS BEEN
INFORMED OF CEB REFERRAL. (6
) MONTH STAY ON ENFORCEMENT
ACTION PLACED BY BCC ON
9/10/02, HAS NOW EXPIRED. SEND
C.E.B. WARNING LETTER FOR
APRIL 21ST MEETING. LEFT VOICE
MESSAGE FOR MR. GURSAY
435-2400 ADVISING OF CEB
LETTER. LETTER TO JOHN GURSAY,
REG. AGENT SEE LABEL
DR
Printed on:
Page
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7 of
8:35:15AM
10
-~_.--",<,
772575 CROWLEY M
778055 CROWLEY M
778058 CROWLEY M
778059 CROWLEY M
778062 CROWLEY M
778063 CROWLEY M
778076 CROWLEY M
800487 CROWLEY M
800488 CROWLEY M
800489 CROWLEY M
806851 CROWLEY M
806852 CROWLEY M
806853 CROWLEY M
Collier County
CD-Plus for Windows 95/NT
04/04/2003
03/28/2003
03/31/2003
04/02/2003
04/03/2003
04/22/2003
05/31/2003
07/23/2003
09/10/2003
09/23/2003
09/26/2003
09/29/2003
09/30/2003
03/24/2003 RECEIVED CALL FROM MR. GURSOY
STATING HE GOT CEB LETTER &
ASKING WHO ELSE GOT LETTERS. HE
ASKED IF I HAD T/T ANYONE ..
HIGH UP IN ADMINISTRATYION" OR
DID I NOT EVEN CARE WHAT MY
SUPERIORS OPINIONS WERE? HE
ASKED HOW TO GET CONTINUANCE.
HE WAS GIVEN SHANELLE'S CONTACT
INFO. RC 3/25 DR
03/28/2003 RECEIVED MEMO FROM JENNIFER RE
CEB NON-READINESS BECAUSE NO
NOV SERVED ON LANDOWNER. (
ATTACHED ). RC 3/31
03/31/2003 E-MAIL FROM JENNIFER. RC
4/2 DR
04/02/2003 E-MAIL FROM JENNIFER
W/ATTACHMENT OF MEMO. RC 4/3
04/03/2003 MEETING & DISCUSSION W/MEA #
13, RE SITUATION.
04/22/2003 CONFIRMED W/MEA THAT MARLA
K~SEY HAS RECEIVED THE PROPOSED
SIGN REVISION BUT SHE WON'T SIGN
IT UNTIL COUNTY PARKS RECEIVES
SKIMMERS SHARE OF THE $/COST TO
CHANGE IT & GET PERMIT. RC
5/31 DR
06/02/2003 SIGN REMAINS UNCHANGED. @
11:45 A.M. RC 7/23 DR
07/23/2003 REVIEWED ENTIRE FILE; PREPARED
DRAFT OF BCC MEMO/EXECUTIVE
SUMMARY. RC 9/10 DR
09/10/2003 MAIL NOV TO WALGREEN CO.
REGISTERED AGENT: PRENTICE-HALL
CORPORATION SYSTEM INC., 1202
HAYS ST. SUITE lOS,
TALLAHASSEE 32301. RC 9/23
DR
09/19/2003 RECEIVED MESSAGE FROM ATTY
KRISTIN IIDA FROM WALGREENS &
RETURNED CALL (847)914-2427 -
PROVIDED BACKGROUND INFO; ATTY
WILL SEND GURSOY A LETTER & COpy
TO ME - WALGREENS DOES NOT WANT
TO BE RESPONSIBLE FOR ANY FINES.
MJW
09/26/2003 RECEIVED E-MAIL STREAM RE: PARKS
& REC SIGN & EXEC SUMMARY. ALSO
REVIEW FAXED (847)948-6853 COPY
OF LETTER FROM WALGREENS TO
GURSOY - & NOTICE OF SERVICE OF
PROCESS BY REGISTERED AGENT
(ATTACHED). SENT & RECEIVED
E-MAIL TO M VIGNARI RE: PARKS &
REC MONUMENT SIGN: MR GURSOY
REPORTED TO MIKE HE HAS
PERMISSION FROM MRS SUGDEN TO
PROCEED. RETURNED CALL TO ATTY
IIDA - LEFT VOICE MESSAGE 4:45
PM. RECEIVED FAX (COPY OF NOV &
CODE SECTIONS) FROM ATTY. MJW
09/29/2003 SENT/ REVIEWED E-MAILS RE: BCC
EXECUTIVE SUMMARY DRAFTS. MJW
09/30/2003 READ M VIGNARI'S E-MAIL
FORWARDED FROM MURDO SMITH -
GIVING APPROVAL FOR ENTRANCE
SIGN CHANGE IN COMBINATION W/
SKIMMERS. MJW
Printed on: 03/07/2005
Page 8 of
8:35:15AM
10
806854 CROWLEY M
10/01/2003
806855 CROWLEY M
10/07/2003
806856 CROWLEY M
10/09/2003
806857 CROWLEY M
10/14/2003
806858 CROWLEY M
11/03/2003
10/01/2003 RECEIVED CALL FROM JOHN GURSOY -
SAYS PARK SIGN WILL BE
INSTALLED. HE KNOWS MATTER IS ON
THE BCC AGENDA 10/14; HE STATES
BURT SAUNDERS & MIKE DAVIS WILL
BE THERE. ALSO SAYS 2 MEETINGS
W/ COUNTY ATTORNEY DAVE WEIGEL
HAVE HAD TO BE POSTPONED, BUT
EXPECTS A CONFERENCE CALL TODAY
RE: "INTERPRETATION" - I ADVISED
MR GURSOY I WASN'T AWARE THAT
ANYTHING NEEDED AN
INTERPRETATION AS THE LDC SIGN
PERMIT REQUIREMENTS WERE QUITE
CLEAR. MJW
10/07/2003 RECEIVED JENNIFER'S REVISIONS OF
EXEC SUMMARY DRAFT. SENT E-MAIL
TO HER RE: SAME. RECEIVED MAIL
EXCHANGES BETWEEN ATTYS &
DIRECTOR. MJW
10/09/2003 MORE E-MAILS RE: EXECUTIVE
SUMMARY. RECEIVED LETTER FROM
MR GURSOY DATED 10/2, INDICATING
4-6 WEEKS MANUFACTORING &
INSTALLATION TIMEFRAME; &
STATING THAT ON DAY OF
INSTALLATION OF NEW GROUND SIGN
@ SUGDEN, THE SKIMMERS WOULD
REMOVE BOTH UNPERMITTED WOOD
SIGNS. HE ASKED TO BE ALLOWED
TO KEEP SIGNS TIL THEN. I LEFT
MESSAGE FOR MARGARET @ SIGNCRAFT
ASKING FOR CONFIRMATION; ALSO,
LEFT VOICE MESSAGE FOR MR GURSOY
AGREEING TO EXTENSION FOR
REMOVAL OF BOTH SIGNS AND
ELECTRIC CONNECTIONS ON DAY OF
INSTALLATION. MJW
10/14/2003 MESSAGE FROM MARGARET - SHE
NEEDS PURCHASE ORDER FROM PARKS
DEPT AS WELL AS PRICING SIGN-OFF
FROM PARKS & MR GURSOY BEFORE
SIGN WILL BE ORDERED. 4-6 WEEKS
BEGINS TO RUN THEN. MR GURSOY
LEFT MESSAGE CONFIRMING BOTH
SIGNS & ELECTRIC CONNECTIONS
WILL BE REMOVED "ON DAY OF
INSTALLATION" @ SUGDEN. SENT
E-MAIL TO DIRECTOR & JOE SCHMITT
RE: SAME. R/C 11/3. MJW
10/27/2003 SIGN HAS BEEN REMOVED, ALONG
W/ELECTRIC CONNECTION. NO NEW
SUGDEN PARK SIGN HAS YET BEEN
ERECTED. RC 10/28 DR
Collier County
CD-Plus for Windows 95/NT
Printed on: 03/07/2005
Page 9 of
8:35:15AM
10
808820 CROWLEY M
10/28/2003
10/28/2003 LEFT VOICE MESSAGE FOR MR.
GURSAY 435-2400, THANKING
HIM FOR HIS ASSISTANCE &
EFFORTS. SENT E-MAIL TO MEA,
JOE SCHMITT, & M. VIGNARI RE
STATUS. JOE'S RESPONSE WAS TO
MONITOR THE " DEAL "
W/PARKS & REC TO MAKE SURE THE
LDC IS COMPLIED W/FOR ANY FUTURE
SIGNAGE. LEFT VOICE MAIL FOR
ATTY KRISTENE IIDA ADVISING HER
OF REMOVAL & CASE CLOSURE.
VIOLATION HAS BEEN ABATED.
COMPANION CASE # 2000120458,
CONTAINS ADDITIONAL DOCUMENTS
FOR REFERENCE. CLOSED MTC 87
DR
LETTERS:
REF TYPE
CC
CC
CC
CC
VIOLATIONS:
STATUS
COMPLIED
LETTER NAME
1ST PAGE NOV/ST
NOH PRE-HEARING
NOH PRE-HEARING
1ST PAGE NOV/ST
RQST DATE
04/23/2002
03/19/2003
03/25/2003
09/11/2003
CODE
2.7.65.
VIOL. DATE
10/11/2002
GROUP
PROP
PRINT DATE SEND DATE STATUS
ACTV
03/19/2003 03/19/2003 SENT
ACTV
ACTV
RECV DATE
4/26/2002
3/25/2003
9/17/2003
DESCRIPTION/REMARKS
IMPROVEMENT OF PROP. PRIOR TO
ISSUANCE
IMAGES:
IMAGE DATE
IMAGE DESCRIPTION
COMENTS:
ORIG DATETIME
STATUS
ORIG USER
COMMENT:
NOTES:
Collier County
CD-Plus for Windows 95/NT
Printed on:
Page
03/07/2005
10 of
8:35:15AM
10
Code Case Detail Report
Exhibit P
CDPR4204 - Code Case Detail Report
CASE NBR: 2001070219
STATUS: CLOSE
CASE TYPE: ZONING
ADDR NBR: 300201 LOCATION:
FOLIO: 0000000392840004
AO NBR: 167267
INSPECTOR: CROWLEY M
LEVEL: WA
4290 AVALON DR
13 50 25 BEG W1/4 CNR SEC 13,
E 2854.07FT, S 38 DEG E
96.45FT, E 257.18FT,S 39 DEG
E 593.81FT, S 38 DEG W
LOT:
TAZ:
BLOCK: 020
PLANNING COMM:
SUBDIV: (100) -acreage
ZIP:
OPEN DATE: 07/05/2001 OPEN USER:MARTINEZ I
DIRECTIONS: BOAT STAGING & SKIMMER BLDG -
CLOSE DATE:07/09/2001 CLOSE
DISPOSITION:ABATED
MARTINEZ I
CATEGORY: TEMP USE PERMITS
PRIORITY: 0 LAST VISIT:
HEARING DATE:
696230
CONTACT?:
PHYSICAL FILE 10:
DESCRIPTION:
CONTACT INFORMATION:
TENANT INFORMATION:
PHONE:
FAX
PHONE:
FAX:
OWNER INFORMATION:
VIOLATOR INFORMATION:
PHONE:
FAX:
PHONE:
FAX:
COMPLAINANT INFORMATION:
NAME/ADDRESS:
PHONE:
FAX:
ANONYMOUS
VISITS:
VISIT NBR INSPECTOR
696229 CROWLEY M
696230 CROWLEY M
07/09/2001
07/09/2001
REMARKS
TENTS & BOOTHS ARE BEING
DISMANTLED NOW @ SUGDEN PARK.
R/C 7/9. 1M
EVENT HAS BEEN CLEARED. CC 1M
SCHEDULED DATE
07/05/2001
VISIT DATE
07/05/2001
LE TTERS :
REF TYPE
LETTER NAME
RQST DATE PRINT DATE SEND DATE STATUS RECV DATE
VIOLATIONS:
STATUS
COMPLIED
GROUP CODE
2633
VIOL. DATE
7/5/2001
DESCRIPTION/REMARKS
TEMPORARY USE PERMITS
IMAGES:
IMAGE DATE
IMAGE DESCRIPTION
COMENTS:
Collier County
CD-Plus for Windows 95/NT
Printed on: 03/04/2005
Page 1 of
5:49:57PM
2
.... .~..~.._,,--
ORIG DATETIME
STATUS
ORIG USER
--
COMMENT:
NOTES:
Collier County
CD-Plus for Windows 95/NT
Printed on: 03/04/2005
Page 2 of
5 : 4 9 : 57 PM
2
Code Case Detail Report
Exhibit Q
CDPR4204 - Code Case Detail Report
CASE NBR: 2001050827
STATUS: CLOSE
CASE TYPE: SIGN
ADDR NBR: 9072 LOCATION:
FOLIO: 0000064370000022
AO NBR: 162372
INSPECTOR: CROWLEY M
LEVEL: WAR
4290 TAMIAMI TRL E
o HARAS ADDITION
TRACT A
LOT:
TAZ:
1
144
BLOCK: TR A
PLANNING COMM:
EN
SUBDIV:
ZIP:
(3305)-0 Haras Addition
554020000
OPEN DATE: 05/18/2001 OPEN USER:HU E
DIRECTIONS: WALGREENS @ LAKEWOOD - SOP 00-120 -
PLAT BOOK 35 PAGES 73-74
CLOSE DATE:Q7/11/2001 CLOSE
DISPOSITION:COMPLIED
RESTREPO P
CATEGORY: SIGNS
PRIORITY: 0
HEARING DATE:
LAST VISIT:
693795
CONTACT? :
PHYSICAL FILE 10:
DESCRIPTION:
ACCIDENT SCENE - CAR CRASHED DIRECTLY INTO GULF COAST SKIMMERS GROUND SIGN (WAS RELOCATED 2
WEEKS AGO) PLACED IN RIGHT-OF-WAY. SIGN NEVER SHOULD HAVE BEEN THERE IN THE FIRST PLACE.
PHOTOS TAKEN AFTER EMERGENCY SQUAD CLEARED SCENE SEE NOTES:
CONTACT INFORMATION:
NET LEASE DEVELOPMENT LLC
PHONE: FAX
TENANT INFORMATION:
NET LEASE DEVELOPMENT LLC
PHONE: FAX:
OWNER INFORMATION:
NET LEASE DEVELOPMENT LLC
600 FOSHAY TOWER
821 MARQUETTE AVE S
MINNEAPOLIS, MN56CO·
554020000
PHONE: FAX:
VIOLATOR INFORMATION:
NET LEASE DEVELOPMENT LLC
600 FOSHAY TOWER
821 MARQUETTE AVE S
MINNEAPOLIS, MN56CO·
554020000
PHONE: FAX :
COMPLAINANT INFORMATION:
NAME/ADDRESS:
PHONE:
FAX:
ANONYMOUS
VISITS:
VISIT NBR INSPECTOR
693795 CROWLEY M
SCHEDULED DATE
06/29/2001
VISIT DATE
07/11/2001
REMARKS
IN LIGHT OF THE FACT ENGINEERING
HAS APPROVED & AUTHORIZED A
DIRECTIONAL SIGN. IN THE ROW
AND TRANSPORTATION OPERATIONS
DEPT. HAS NO OBJECTIVE THERE TO
THERE APPEARS TO BE NO POINT IN
PURSUING THE MATTER AT THIS TIME
ON A CODE ENFORCEMENT LEVEL.
WILL MONITOR PERMIT ISSUE FOR
SIGN @ FUTURE TIME. CC PR
Collier County
CD-Plus for Windows 95/NT
Printed on:
Page
03/07/2005
1 of
8:35:57AM
2
689648 CROWLEY M
05/18/2001
689649 CROWLEY M
OS/23/2001
05/18/2001 ACCIDENT SCENE - CAR CRASHED
DIRECTLY INTO GULF COAST
SKIMMERS GROUND SIGN (WAS
RELOCATED 2 WEEKS AGO) PLACED IN
RIGHT-OF-WAY. SIGN NEVER SHOULD
HAVE BEEN THERE IN THE FIRST
PLACE. PHOTOS TAKEN AFTER
EMERGENCY SQUAD CLEARED SCENE
(COPIES ATTACHED). WILL REIVEW
SITUTATION WITH SUPERVISOR +
DIRECTOR. R/C 5/23 EH
06/06/2001 GURSAY HAS OBTAINED ROW PERMIT
FOR NEW PERMANENT GROUND SIGN AT
THIS LOCATION. COPY OF ROW
PERMIT AND LETTERS FROM BILL
SPENCER AND ED KANT ARE
ATTACHED. DOCUMENTS SPECIFY A
"DIRECTIONAL" SIGN AND IMPLIES
THAT BUILDING/SIGN PERMIT MUST
ALSO BE OBTAINED. R/C 6/29.
LETTERS:
REF TYPE
LETTER NAME
RQST DATE PRINT DATE SEND DATE STATUS RECV DATE
VIOLATIONS:
STATUS
COMPLIED
GROUP CODE
257
VIOL. DATE
5/18/2001
DESCRIPTION/REMARKS
PROHIBITED SIGNS
IMAGES:
IMAGE DATE
5/18/2001
5/18/2001
5/18/2001
5/18/2001
5/18/2001
IMAGE DESCRIPTION
END RESULT OF AUTO COLLISION WITH GULF COAST SKIMMERS SIGN RELOCATED IN
RIGHT-OF-WAY
SCENE OF AUTO COLLISION WITH GULF COAST SKIMMERS SIGN RELOCATED IN
RIGHT-OF-WAY
SCENE OF AUTO COLLISION WITH GULF COAST SKIMMERS SIGN RELOCATED IN
RIGHT-OF-WAY
SCENE OF AUTO COLLISION WITH GULF COAST SKIMMERS SIGN RELOCATED IN
RIGHT-OF-WAY
SCENE OF AUTO COLLISION WITH GULF COAST SKIMMERS SIGN RELOCATED IN
RIGHT-OF-WAY
COMENTS:
ORIG DATETIME
COMMENT:
STATUS
ORIG USER
NOTES:
Collier County
CD-Plus for Windows 95/NT
Printed on: 03/07/2005
Page 2 of
8:35:57AM
2
Exhibit R
smith_m
From:
Sent:
To:
Subject:
gerhardt_n
Sunday, May 04,20033:14 PM
smith_m
SRP Closing
Hi Murdo,
The following is routine patrol and closng at SRP:
· At approximately sunset, Park Rangers patrol entire park to advise visitors that the park is closing in 1/2 hour. This is
accomplished either using the golf cart, or more often, the Park Ranger truck with the light bar on, or a combination of
both. The Rangers also advise the Skimmers of the upcoming closing time, if they are there and still practicing.
· At the designated closing time (1/2 hour after sunset), Park Rangers close and lock the gates.
· After the gates are closed, another patrol takes place to make sure no one is locked in.
· If the Skimmers are late, they finish up and advise the Ranger they are leaving so that the Ranger can let them out
and relock the gate.
· There are variations in the closing times due to changes in sunset times.
Please advise if you have any questions.
Thanks,
Nan
1
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LESSEE shall pay all janitorial services and utility charges once those services are operative ¡ndurling, but
( ot limited to charges for gas, electricity, light, heat, air conditioning, power, water, sewer and telephone or
, other communication service used, rendered or supplied thereupon or in connection with the Demi·sed Premises.
If LESSOR elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as
additional rent within thirty (30) days ofits receipt of the LESSOR'S bill or invoice.
ARTICLE S. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE
will provide to LESSOR all proposals and 'plans for alterations, improvements, changes or additions to the
Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired·
alteration, improvement, change, or addition, '¡along with the contemplated starting and completion. time for such
project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said
request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent
to required or appropriate alterations, improveme~ts, changes or additions proposed by LESSEE. If after sixty
(60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence
shall be deemed as a denial to such request to LESSEE.
LESSEE covenants and agrees in connections with Bny maintenance, repair work, erection.constructioA,
improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised
Premises, to observe and comply with àll then and future applicable laws, ordinances, rules, regulations, and
requirements of the United States of America, State of Florida, County of C{)l!ier, and any Bnd all governmental
agencies.
~
AIl alterations, improvements and additions to said Demised Premises shall at once, wheß made or
installed, be deemed as attached to thli'freehold and to have become property of LESSOR. Thirty (30) days
prior to the termination of this Lease Ðr any renewal term thereof, LESSOR and LESSEE shall detennine what
can be removed from the Demised Premises. Prior to the termination of this Lease or any renewal teon thereof,
or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions,
improvements, alterations, fixtutes and installations which were placed in, on, or upon the Demised Premises by
LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof,
LESSOR may complete said removals and repairs at LESSEE'S expense.
LESSEE covenants and agrees not to use, occupy, sutTer or permit said Demised Premises or any part
thereof to be used or occupied for any purpose contrary to law or the rules or regulations' of any public authority.
ARTICLE 6. Access to Demised Premises /I; RQ..f't\I?.": 0 / l've..f?AI.. ,/,ulI't" 1-1-.. ill us Lv )R..@
LESSEE shall be authorized to utilize the Demised Premises Monday through Sunday from 8:00 a.m. to
sunset. In the event LESSEE requires access to the Demised Premises after the Park closes to the general
public ríor notIce and/or coordmatlOn with the Park Ranger shall be re.9!llre~, If any additional times are"
'required, LESSEE shall provide LESSOR'S Parks and Recreation (rector with forty-eight (48) hours written
notice of any additional times. LESSOR'S Parks and Recreation Director shall provide written approval to
LESSEE for any change in hours of operation. 111Ulo.3 -4":" I n. c...".:.o IA :11 -1~ n· {. .0 ,,^..Jh
LESSEE shall limit its use of the Lake to fifty (50) percent of the total available hours granted to LESSEE
listed above. Any exceptions to this will require written approval by the Parks and Recreation Director with
notice provided to Mr. Butch Morgan, 3512 Guilford Road, Naples, Florida 34112.
LESSEE shall limit its use of practices that use four (4) boats to less than twenty (20) p~rc~nt of the total
available hours granted to LESSEE. A safety boat shall not be considered in any calculation regarding. the
number of boats being used in a practice. Any exceptions to this will require written approval by the Parks and
Recreations Director with notice provided to Mr. Butch Morgan, 3512 Guilford Road, Naples, Florida 34112.
LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable
lotice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for
the purpose of examining the same and making repairs or providing janitorial service therein, ànd for the
purposes of inspection for compliance with the provisions of this Lease Agreement and providing security of the
site.
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smith_m
From:
Sent:
To:
Cc:
Subject:
delong_s
Friday, June 09, 2000 10:31 AM
gerhardCn
smith_m
Skimmers
Hi there,
I just wanted to let you know that we have been having some problems getting the Skimmers out of the park on time.
They have been leaving anywhere between 9:15-9:30. The park closes at 9:00 and staff has had to continually wait on
them. Just an FYI.
1
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GULF COAST SKIMMERS
Field observations
Sugden Regional Park
April 1999 - Present
All in all since the park opened, John Gursoy and members of the Gulf Coast Skimmers have been resistant to
the Parks and Recreation Department's management. John Gursoy has consistently ignored requests to
implement the Adopt A Park program, provide information as to when construction debris will be used or
cleared and leave the park premises on time. He has been seen by staff climbing the fence to gain access to the
locked park. He has told some Rangers that he has a key and others that he does not. He and other members
generally do not comply with Park regulations. Boats have been used outside of the designated boating area,
swimming takes place outside of designated areas, and children have been left to swim without adult
supervision. He has by example encouraged members to ignore Park Rangers, heckle Park Rangers and attempt
to intimidate Park Rangers. Day to day contact with the organization has become overwhelming.
Attempts to communicate with John Gursoy are challenging. He either ignores, questions, manipulates
statements or threatens the speaker (I'll tell Tom, the press, the public, you have negative feelings towards
me(us), you are using the wrong tone, words, thoughts). He and other members move close to Park Rangers
creating physical discomfort.
Gulf Coast Skimmer shows does not make note that the County manages Sugden Regional Park or that the park
is a public park.
The incidents outlined below are relative to the Gulf Coast Skimmers Inc. and persons acting in their official
capacity of said corporation.
Recorded Late closing due to Skimmers Inc.
April 13, 1999
April 27, 1999
May 1, 1999
May 4, 1999
May 11, 1999
May 15, 1999
May 16, 1999
May 17, 1999
May 19, 1999
May 21, 1999
May 22, 1999
May 23, 1999
May 24, 1999
May 25, 1999
*Not all incidents of late closure were documented and were classified as volunteer time.
Known CCSO caBs to park site by Skimmers Inc.
14 =
man hours
Nature walk canceled due to Skimmers Inc. No advance warning to park guests (complaints)
April 10, 1999
CCSO on site
Pedestrian gates locked Skimmers inside, Group X outside
Ranger requested gate be opened 8 times
Skimmers Inc. refused to open gates
Video cameras and tape recorders directed at ranger from both sides
Verbal altercations
Skimmers and group X agreed to leave premises
Verbal badgering of ranger staff at leased area and park office
May 16, 1999
CCSO on site re; trespassers
Verbal altercations
Alleged aggravated assault with a motor vehicle filed against John Gursoy by Group X
May 19, 1999
Personal vehicles left on site/overnight
May 21,1999
Major storm, severe lightning
Boat and skier on water
Tractor on beach hampering boaters ability to leave
. Pedestrian gate blocked by tractor
Verbal altercations
Verbal badgering of ranger staff in park office
Refused to leave park and cease operation of heavy equipment
Public nuisance re: operating heavy equipment after 7 :00 PM
Safety concerns, limited lighting while operating heavy equipment
May 22, 1999
Vehicles cited for parking on sidewalk inside leased area
Group X protest at park entrance
CCSO on site
Verbal altercations
Show started at 7:05 PM
Verbal badgering of ranger staff
Sworn statement regarding aggravated assault against a Park Enforcement Officer
May 23, 1999
Park secured at 8: 1 0 PM
8:45 PM Ranger made contact with John Gursoy and male youth inside Skimmer leased area
May 24, 1999
Jolm Gursoy ran away from Park Ranger Supervisor
John Gursoy told youth club members not to talk to Rangers
John Gursoy followed Park Ranger vehicle throughout park.
John Gursoy remained on premises after closing.
May 25,1999
John Gursoy refused to talk to Park Ranger
Ranger followed closely, alternately heckled and ignored by youth members.
John Gursoy drove around Ranger vehicle blocking roadway to gain access to closed area of the park.
May 29, 1999
Vehicles on sidewalk inside leased area
CCSO on site
Group X boat and vehicle on site
Threats/Comments of Skimmers Inc. Made to Park Rangers
We can let ourselves out because we have a key
I'm going to get that Janet (Ranger)
I'll report to the newspapers that Park Rangers are prejudice
I'll make up signs that say free boat launch
I'm going to post signs that say Park Rangers don't care who uses the lake or if they have insurance.
You people aren't going help; I'll get Pinkerton
I can make improvements anytime I want
Whose side are you on?
You people are going too far
We're the only_reason there's a park here .
You Rangers, are nothing, we run this park
Cable ski park proposed for Sugden Regional Park in East Naples
sÙe sections... ~. Front page I Classified I GoShopNaples
Na,ples I Nn.pIcs ÐtlilH :N'CtU~i
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Cable ski park proposed for
Sugden Regional Park in
East Naples
Wednesday, September 17, 2003
By LAURA LAYDEN, llIayden@naplesnews.com
Nick DiMasi loves to water ski and he wants to give more people the
opportunity to do it.
That's why he, along with partner Dayle Cartwright, is pitching a cable
ski park for Sugden Regional Park in East Naples.
The system would allow people to water ski without a boat and the cable
would carry up to eight riders at a speed of about 18 mph. Up to 200
people could use it a day.
"It just makes everything a lot less expensive," said DiMasi, a 28-year-
old south Fort Myers resident. "You don't need a boat. You don't have to
seek out and find a water ski school, which will charge $100 an hour for
a lesson. You pay $18 and go on the cable system for two hours."
DiMasi presented his idea for a cable water ski park at a Collier County
Parks and Recreation Advisory Committee meeting on Aug. 20. The
reaction from members was mixed. They had a long list of questions,
including how loud the cable system would be when it operated, how it
would affect wetlands at Sugden Park and who would be liable if riders
were injured.
DiMasi will go back before the Parks and Recreation Advisory
Committee today looking for a recommendation for approval to put his
project at Sugden Park.
Over the past few weeks, county parks officials have been looking into
some of the concerns raised by committee members. They have been
researching other possible sites for the project because there are worries
it won't fit well with Sugden Park and could spoil its beauty.
"It's a really pretty park and I don't know about these poles," said Marla
http://www.naplesnews.com/03109/naples/e2638a.htm
Exhibit S
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Cable ski park proposed for Sugden Regional Park in East Naples
Ramsey, director of the county Parks and Recreation Department. "It has
people concerned."
Another concern is how the cable water ski park may affect a sailing
program for handicapped people that's run at the park, she said.
Despite these concerns, DiMasi said he believes his project is a perfect
fit for Sugden Park. The park is home to the Gulf Coast Skimmers, who
offer free ski shows there every weekend. The team has a 90-year lease
at the park and pays $10 a year for it.
"I haven't watched the attendance at the park throughout the year, but
over the last couple months I've been there quite a bit and it looks to me
like more can be done there," DiMasi said.
The poles for the cable system are not as large as people might imagine,
DiMasi said. He said the electric motor that would run the system
wouldn't be very loud and that there would be plenty of room left to
operate the sailing program, he said.
Also, a dock would be built around the cable system that would shield it
from other people using the lake.
The final decision on the cable water ski park will rest with the county
commissioners. The county's parks department would first have to put
out a request for proposals to competitively bid the project, Ramsey said.
Then the staff would bring the best proposal to commissioners and they
would decide whether to negotiate a contract, as they've done with other
for-profit companies that operate at other parks, she said.
Gulf Coast Skimmers founder John Gursoy supports the cable water ski
park and hopes it's ultimately approved by commissioners.
Now, he said, his team members are limited in the hours they can
practice because they rely on volunteers to be spotters and to drive the
boats.
"Most of the volunteers work," Gursoy said. "So they are not available
until 5 or 6 p.m. on the weekdays. This would give the kids an
opportunity to spend that much more time on the water."
Another positive is that DiMasi and Cartwright, who are partners in
Southern Boarder LLC, have offered to pay for the project, which they
http://www.naplesnews.comJ03/09/naples/e2638a.htm
Page 2 of 5
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9/23/2003
COLLIER COUNTY GOVERNMENT
DIVISION OF PUBLIC SERVICES
PARKS AND RECREATION DEPARTMENT
September 12, 2003
3300 SANTA BARBARA BOULEVARD
NAPLES, FL 34116
(941) 353-0404
FAX: (941) 353-1002
Website: colliergov.net
John Gursoy
Gulf Coast Skimmers
4002 Cindy avenue
Naples, FL 34112
Dear John:
Thank you for your email reply of September 6 responding to Murdo Smith's request for a
schedule of your use of Lake Avalon. However, I must ask for clarification on the schedule
provided.
You state that "the children's schedule and use of the lake between Sept 2003 through April 2004
will continue as usual to be from park opening until sun set 7 days a week." This is the time
frame in which you are authorized to use the lake under paragraph one of Article 6 of our lease
agreement. However, paragraph two of the same article goes on to state that "Lessee shall limit its
use of the lake to fifty percent of the total available hours granted. . . above."
As you know, we have a lot of exciting programming going on on Lake Avalon these days. In
consideration of the safety of all program participants we would like to schedule each party's
activities to create the least conflict and safest environment possible. As such, I am requesting
that you please submit a schedule of specific days and times that you will be using motorized
vessels on the lake in the above-mentioned time period.
With appreciation in advance of your prompt reply,
/l(~ ß..-ét --
¡Marla Ramsey, Directo
Collier County Parks Rec eation
cc: Murdo Smith, Beach and Water Superintendent
John Dunnuck, Pudic Services Administrator
smith_m
From:
Sent:
To:
Subject:
jgursoy@mcdinvest.com
Monday, September 08, 2003 8:51 AM
murdosmith@colliergov.net
Re: Ski Show
Hi Murdo,
Yes, you have heard correct. We are going to experiment with continuing
practices yet resume the children's shows in October. The kids are going
to focus on a new show with a Hill-billy theme. However, we would consider
a special show if you and Ron would like to make a guest appearance on
skis. ,The children s schedule and use of the lake between Sept 2003 through
April 2004 will continue as usual to be from park opening until sun set 7
days a week.
·You all take care now·, John
smith_m
<MurdoSmith@colli
<jgursoy@mcdinvest.com>
ergov.net>
To: . , j gursoy@mcdinvest. com' .
cc:
Subject: Ski Show
09/05/2003 04:38
PM
Hi John,
I have just heard that there will be no Skimmer Ski Show this month. Is
that correct?
Please let me know.
Thanks
Murdo
McDonald Investments Inc., a member of the Key financial network and
NASD/NYSE/SIPC
utilizes e-mail to better communicate with its clients.
Based upon the potential for time delays, McDonald Investments will not
accept any order for the purchase or sale of a security or other product
1
via an e-mail transmission. All e-mail transmissions are reviewed by a
branch manager or supervisory person from McDonald Investments.
Based upon the nature of e-mail, McDonald Investments cannot guarantee
the confidentiality of the e-mail transmitted, therefore, information
of a sensitive or confidential nature should not be transmitted.
Refers to investments made available through McDonald Investments and
insurance products:
*******************************************************************************
*Not FDIC Insured *No Bank Guarantee *May Lose Value
*Not A Deposit *Not Insured By Any Federal Government Agency
*******************************************************************************
McDonald Investments and KeyBank are separate entities, and when you buy or sell
securities you are doing business with McDonald Investments and not KeyBank.
2
August 25, 2003
Mr. John Gursoy
President and Founder
Gulf Coast Skimmers
4002 Cindy Avenue
Naples, FL 34112
Re: Sugden Lake Usage
Dear Mr. Gursoy:
The Parks and Recreation Department has been reviewing the programs that will be offered at
Sugden Park this upcoming session. The programming at the park and lake is steadily increasing
every year.
As you are aware, the park has become well used by the public. The lake is also becoming a
great recreational amenity for the public to fish, swim, use paddle boats , kayaks, and sailing. With
the increased use of the lake and for the safety of its users, the Parks and Recreation Department
is requesting a schedule from the Gulf Coast Skimmers.
Please provide by September 5,2003, a schedule of the specific days and times from October 20,
2003 - April 2004 when your organization will have boats utilizing the lake. Your cooperation in
this matter will help facilitate the public's use of the lake.
Thank you in advance for your attention to this request.
Sincerely,
Murdo Smith
Beach and Water Superintendent
C: Marla Ramsey, Parks and Recreation Director
John Dunnuck, Public Services Administrator
..,,-.--,--
Exhibit T
smith_m
From: mediavilla_s
Sent: Monday, March 07, 2005 11 :06 AM
To: RaymondCarter; smith_m
Subject: Skimmers
Out-Of-State Reciprocity
Florida recognizes valid registration certificates and numbers issued to visiting vessel owners by
other states for a period of 90 days.
An owner who intends to use his vessel in Florida longer than 90 days must register it with a
county tax collector. However, he may retain the out-of-state registration number if he plans
to return to his home state within a reasonable period of time.
Out-of-state vessel owners who plan to remain permanently in Florida must notify the county
tax collector. He/she will receive a Florida registration certificate number to replace those issued
by the state of former residence. The out-of-state registration and certificate of title, if issued,
must be surrendered to the tax collector.
Out-of-state registration certificates and numbers for vessels owned by military personnel on
active duty in Florida are valid in Florida until the expiration date, after which the vessels must
be registered by the state of Florida.
Per the Lease Agreement:
Collier County shall have the right, with cause, to terminate this Lease by providing the GC
Skimmers 180 day termination notice.
Insurance:
Lessee shall provide and maintain general liability and property liability insurance policies for
not less than $1,000,000 combined single limits during the term of this Agreement. Also,
Lessee shall provide watercraft liability coverage of $5001000 and pollution liability coverage of
$1,000,000 combined single limits. In additionl Lessee shall provide and maintain Workers'
Compensation Insurance covering all employees meeting Statutory Limits ($5001000) and shall
include Employer's Liability with a minimum limit of $100,000 each accident. Such insurance
policies shall list Collier County as additional insured and require a 10 day written notice to
Collier County for cancellation.
Risk Management has the following certificates on file:
1999 Naulin Rogue IMY100041899
05 $500,000
1986 Mastercraft Power Slot MBCPABD8H586
05 $500,000
1995 Hyudrodyne FLZT2403C695
$5001000
1995 Hydrodyne Twin Rig FLZS5933F595
05 $500,000
1997 Carolina Skiff EKHI4212B797
05 $500,000
Effective 11-18-04 to 11-18-
8-10-04 to 8-10-
5-19-04 to 5-19-05
5-11-04 to 5-11-
10-25-04 to 10-25-
The certificates do not cover General LiabilitYI Workers' Compensation, Employers Liability &
Pollution Liaibility,
3/7/2005
~~,--,--_.,~-
Page 2 of 2
Sheree Mediavilla
Risk Manager
774-8839
3/7/2005
Exhibit U
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From:
Sent:
To:
Cc:
Subject:
jgursoy@mcdinvest.com
Tuesday, June 03, 2003 9:55 AM
3m ith_m
johndunnuck@colliergov.net
Re: wake boarding
Hi Murdo,
The answer to your question in the first paragraph is "no"
The answer to your question in the second paragraph is "no"
How are you coming on the following lease area concerns:
-Signcraft's new drawings for the park entrance sign
-Signcraft's installation of the sign inside the park
-Carter fence to repair damage to the fence done by Mitch
-Memo to the Park Rangers about the closing procedures John Dunnuck created
at St. George and the Dragon
-Replacement of 2 confederate jasmine plants and 2 xeroa's destroyed by
Mitch
-copies of Jason and Anne Marie's employee files
Thank you for:
-getting the weeds under control around the picnic tables
-getting Mitch to fertilize the palms on the beach
-getting Mitch to plant the purple flowers
-getting the signs in the park repainted
Current Staff Concerns:
-Ann Marie did not service the garbage cans Sunday AM
Current Park Concerns prior to Dave Reinertsen's event:
-Restrooms need to be pressured washed, lots of cob webs
smith_m
<MurdoSmith@colli
<jgursoy@mcdinvest.com>
ergov.net>
<JohnDunnuck@colliergov.net>, zachary_r
To:
" 'jgursoy@mcdinvest. com '"
cc:
dunnuck_j
06/02/2003 05:42
PM
<RobertZachary@colliergov.net>, ramsey_m
<MarlaRamsey@colliergov.net>
Subject: wake boarding
Hi John,
It has been mentioned to me that there was a wake boarding tournament at
Sugden Park over the weekend. I understand that there were boats on the
lake other than the skimmer boats. Is this correct?
I know that you and I were discussing a practice by a group from Sarasota
for May 30th. Is this the same group? I thought that practice was
1
associated with the ski tournament in June. When we discussed this last I
stated, as per the contract, motorized public water craft could not be
operated on the lake other than the Skimmer boats. No other organization
was given permission to operate on the lake, as it would have had to go to
the BCC for approval.
Please let me know.
Thanks
Murdo
McDonald Investments Inc., a member of the Key financial network and
NASD/NYSE/SIPC
utilizes e-mail to better communicate with its clients.
Based upon the potential for time delays, McDonald Investments will not
accept any order for the purchase or sale of a security or other product
via an e-mail transmission. All e-mail transmissions are reviewed by a
branch manager or supervisory person from McDonald Investments.
Based upon the nature of e-mail, McDonald Investments cannot guarantee
the confidentiality of the e-mail transmitted, therefore, information
of a sensitive or confidential nature should not be transmitted.
Refers to investments made available through McDonald Investments and
insurance products:
*******************************************************************************
*Not FDIC Insured *No Bank Guarantee *May Lose Value
*Not A Deposit *Not Insured By Any Federal Government Agency
*******************************************************************************
McDonald Investments and KeyBank are separate entities, and when you buy or sell
securities you are doing business with McDonald Investments and not KeyBank.
2
Exhibit Z
.:111
Nup.!£s ÐaUy News
Benefits
Good deeds
1\1 Coldwell Banker's communi-
ty foundation awarded a $1,600
grant to Hospice of Naples.
II Eagle Creek Women's Golf
Silent auction and dinner Association presented a check for
St. John Neumann High School $1,300 to the Fresh Start for
will host a silent auction and din- Abused Women Fund. The
ner at 6 p.m. Feb. 5 at Kensington money was raised at a tourna-
Golf and Country Club, 2700 ment held Dec. 7.
Pine Ridge Road. The cost is . Economic Development
Participate in making $100. Information: 455-3044, ext. Council of Collier County mem-
mugs, teapots, bowls, 207. bers, its chairman and executive
vases and other items director volunteered to construct
from 9 a.rn. to 3 p.m. Feb. . Carshow new homes in Immokalee for
ns 'N Clay Pottery Studio,. Th G. .~I+'C' . t·.'SI~- will Habitat for Humanity on Jan. 14.
ne Ridge Road. The items e WJ. . oas ~J.l:;S".. '. 1\1 Mike Kilbourn, a tinancial
donated to families that ,sponsor a car. show fÌ'om1 to,4:30;,,\adviser, said he will donate his
a home from Habitat forP·~:'eb.~"at Sug~en,,:ge~onaJ.;(¿r}royalty checks from his book,
ity. Information: 597_0987.w-Park¡.,'4~84'iAva1onJ?nve.¡,;rl1ie}, "Optimal Aging Manual: Your
. event mc1udes antIqu~,C~s.~ Guide From Experts in Medicine,
trucks,. street .rods,muSlc',foop-. Law and Finance," to tsunami re-
and a wat~r ski show. The cost 1$: ' lief organizations.
$3 and ~~en under12~e~~ee. . Naples Woman's Club is col-
, ,Inf?~~?re?69~7?25·f\i;i¡lii:;\>.' lecting items to be sent to sol-
Quartëtto Gelato di~rs stationed in Iraq. The it~n:s
'^;:;!¡'-'. will be sent to Camp Ramadi ill
Classic Chamber Concerts will the Al Anbar Province. If you
present Quartetto Gelato at a din- would like to help, call 262-6331
ner dance and silent auction be-
ginning at 6 p.rn. Feb. 7 at the
lation: 596-5303.
~r theatre
ncil of Catholic Women of
farea Church are selling
for the 11:30 a.rn. perform-
ance YVednesday of
"Anything Goes" at the
Naples Dinner Theatre,
1025 Piper Blvd. Tickets
are $40. Information:
393-2509.
Potters needed
Gras
)Use of Prayer will bene-
n a Mardi Gras dinner'
and silent auction at 6
). 5 at Elks Lodge of Bon-
ngs, 3231 Coconut Road,
Springs. Tickets are $65
~son or $110 per couple.
Ition: 728-3614.
!e Rotary Club of Bonita
. will host a Mardi Gras
d auction at 6:30 p.m.
at Pelican's Nest Golf
1 Pelican Landing. The
benefits the Bonita
Assistance office. Tick-
e $125. Information:
5.
Benefit for Bonita YMCA
Big Hickory Seafood Grille,
26107 Hickory Blvd., Bonita
Springs, will present an evening
with Rita Coolidge at 6:30 p.m. on
Feb. 5. Dinner, soft drinks, coffee
or tea and entertainment is
$189.50. Information: 992-0991.
Naples Beaçh Hotel & Golf Club,
851 Gtùf Shore Blvd. N. Tickets
are $200. Information: 434-8505.
Thursday, January 27,
Beau~~~E¥e,t1'¥(üQ,~ Can
J=
S]
· Laser I
'l!H!E q
Full
Cm
See BENEFITS, Page 10B
WWVi
Exhibit AA
PRIORITY
N 0 T E S
DATE
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Exhibit CC
smith m
From:
Sent:
To:
Subject:
jgursoy@mcdinvest.com
Wednesday, May 21,20031 :52 PM
smith_m
RE: Practice by the Sarasota group
Hi Murdo,
How do those two agreements supersede the lease that is in force over those
dates?
Thanks, John
smith_m
<MurdoSmith@colli
<jgursoy@mcdinvest.com>
ergov.net>
<JohnDunnuck@colliergov.net>
To:
" I jgursoy@mcdinvest. com '"
cc:
dunnuck_j
Subject: RE: Practice by the Sarasota
group
OS/21/2003 01:05
PM
Hi John,
My logic in regards to Ski tournament is that the Gulf Coast Skimmers
entered into an agreement with Southern Extreme Water Ski group for 3 days
to run the ski tournament. Also the Board of County Commissioners has
approved a limited license agreement with the group to conduct the
tournament on those days.
Those are my thoughts.
Thanks,
Murdo
-----Original Message-----
From: jgursoy@mcdinvest.com [mailto:jgursoy@mcdinvest.com]
Sent: Wednesday, May 21, 2003 9:48 AM
To: smith_m
Subject: Re: Practice by the Sarasota group
Hi Murdo,
If you follow that logic then, how can Dave Reinertsen host the tournament?
There will be 25-30 boats from other teams dropped into the lake June
20-23, 2003. You may want to call Dave and explain your thoughts.
Thanks, John
smith_m
<MurdoSmith@colli
To:
1
"'jgursoy@mcdinvest.com'" <jgursoy@mcdinvest.com>
ergov.net> cc: dunnuck_j
<JohnDunnuck@colliergov.net>
Subject: Practice by the
Sarasota group
OS/20/2003 05:32
PM
Hi John,
Just wanted to follow up on the practice you mentioned to me on Friday that
would take place on May 30th. It is my opinion that the practice cannot
take place with the Sarasota teams boats. If you allow them to use the
skimmers boats I feel that that would meet the requirements of the
agreement.
If you have any questions or if I can be of further assistance please
advise.
Murdo
McDonald Investments Inc., a member of the Key financial network and
NASD/NYSE/SIPC
utilizes e-mail to better communicate with its clients.
Based upon the potential for time delays, McDonald Investments will not
accept any order for the purchase or sale of a security or other product
via an e-mail transmission. All e-mail transmissions are reviewed by a
branch manager or supervisory person from McDonald Investments.
Based upon the nature of e-mail, McDonald Investments cannot guarantee
the confidentiality of the e-mail transmitted, therefore, information
of a sensitive or confidential nature should not be transmitted.
Refers to investments made available through McDonald Investments and
insurance products:
****************************************************************************
***
*Not FDIC Insured *No Bank Guarantee *May Lose Value
*Not A Deposit *Not Insured By Any Federal Government Agency
****************************************************************************
***
McDonald Investments and KeyBank are separate entities, and when you buy or
sell
securities you are doing business with McDonald Investments and not
KeyBank.
2
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t!i
INCIDENT REpORT
lNCIDl.NT Nmmo
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Title of I~cident or Name of Person(s) Involved: ~. ~ 4." d ).1·!A)/JLIÓ", Individual's Work Schedule UAJI-ItIt:.1 . 3~?" I'~
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Clearly Describe the Incident, including the Involved Personnel, Objects and Injuries. Attach additional sheets If needed.
4f.. J(-hl-r:
What Medical Treatment was Administered and by Whom?
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Old the emptoyee sign off on the JSA alter review?
What type 01 PPE is required to wear for this job task?
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Were Guidelines and Procedures Being Followed?
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Were there any Warning Signs that this type Incident could occur?
What directly caused the Injury?
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I ~ 1,
. Incident Investigator:
Date or Investigation:
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941774EJ949
SUGDEN REGIONAL PARV
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Exhibit KK
NON-EMPLOYEE ACCIDENT OR INCIDENT FOro
COLLIER COUNTY GOVERNMENT
SUPERVISOR REPORTING: tJfAlli{~4.k~ Tille: .eA~~ Æ~6-~ß 'Tr
Department:J AR..K.5 J.- ~ . Location: . Work phone: - 8,gj Fax#
DATE OF ACCIDENT/ INCIDENT: ~f3 /J:; Time: ¥: : () C3 AM or&
Exa~ion and Addrcss: hn.r?,r "'",A II-./! ÞA:/;t; s.Æc' ~ ..l~ - Lf 8 '-( ~/...n7
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WITNESSES Name 5~ . ~ ... UI (j~ . Phone ~Jt.{ 3S -73.5'6
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Report Prepared by: ~ L 0 ~
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Date:
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Attach any additional (onn.. comments. and ox planations to include any witness statements.
:3-Jf..t-?¥
11/05/2000 19:20
941774094';3
SUGDEN REGIONAL PARK
PAGE 03
./'"
L
NON-EMPLOYEE ACCIDENT .oR INCIDENT FORM
COLLIER COUNTY GOVERNMENT
.,
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~-I"'-?r
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PAGE 04
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Mar-D7-DS
11: 21 am
From-Col I ier County Attorney
+7740225
T-S90 P.DOI/OOI F-BB3
ITEM NO.:
. li.\,""·"~ U¡:: fHE
CÖlJNTt MTORNEY
20G~ JLìW1le.di~
FILE NO.:
ROUTED TO:
ðtf -f}¡{tf< ..oo£)=).. r
DO NOT WRITE -''DOVE. T.H.lS SPACE (Orlr;. '189; Rey. 6/91)
REQUEST FOR LEGAL SERVICES
0'JeaR t,'pe 1Ir" prim),
Date~ 6~14-04
To: Office of the County Attomey, At:tn: Robert Zachary
laterm Director
FJ:'Om: Murdo Smith
(Name)
(TltIc)
PubUc Services
Recreation
Park.~
and
('O!~CIII)
CDqNlnaaeat)
Telephone # (V try 1Jn.I!ortaDt): 353-0404
Re: Skimmers Agreement
(Subject)
BACKGROUND OF REQtJESTIPROBLEIM~
(J)escribe problem ad c\ft bu:\cp"GtrDd IDfor=aJlOll . ~ ~PCd"c. I:'Oftdk. and ~)
J WItS over at Sur;ðen Part 1his DIOminC aJ1d Øl)(åad . ¡:roup ql dI.Ilc1rea pøddpAlung in 10_ I1pe or JPWU ~ I'
IISJa:d th~ lDc\h1dual iochøzc aad ho lUALiLOlOIed iliac lice CBmp 1\'11:5 thruqh Lhe Church \hat is AlIOCiatal '-ÌI1I the Gulf'
Cout SIcI.aImcrs. nu:, line beaa =111: the apeD _1n &he iUaiseð ~ IUM1 wbeD. th"" let ndDed out UI&:3' mo,c of.
u.: lal1!&' opel! aree ~ Ihc: dJmbed:area. Tbcrt Is Aba a ~ per , IIII'Dcipunt to COle&' th. _po The pub and
t'<CJUI1on departmeal W1t$ DOl wd III tbis IId:iTlb'.
The p.rkt and ,.,..:nati.oa tft poU..,. stutcnlso Iha& ao _ .....CftIIIIaIIb1.leø:y 1lla1 charae tor ~ out of doom not. I
do 1Iot know It tbS8 type 4l.c:dd~ wollld rd ¡lito &h1s ulaCOT1
<^rc IItCR docwncnI:r.... oUla' btJ'onIWioa ....,.s to mJnr U¡¡a ~ n Y5. It&.bc:h :oad.rdll'mee c.hls inlbnaado&)
This item baslhasnot been previGus y submitted.
Ot pre'V!ðusly snbminecl provide COllary ArtDr1lC1'_ OIBœ m. No.)
ACTION lŒQUES'I'EIk
(a.. .CI7 spedftc. Iden\Üy ~ wbå yOU ~ ÙI the ""'Y or IcpI «rYÍc:eI.)
Rl!vicw the lease agreement with the Skib1DlCl'S aud let the departmeot'mow if this type of
acUdty is permitted inlhe agreement. /
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o~i ¿'(¡~S: w r ,t+~ ~ s ~-(- <s·f Cc..u VI. f-y . ,
I will fax the agreement tor your review .
íí.....;s '1r()~(J (~po.I'+-( CcM,\'P) c¡;;; "-..J. c:k ,:14 ~:?~
ofe e $ c.t. S" Cv~ 0 f1~~ '7.ro '^ p . c..c... ,e../I/'"2.-
7-7-1J~
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Exhibit NN
WATER SKI CAMP I DECEMBER
At Lake Avalon in Naples -- fresh water
Beginners learn two-ski, one-ski,
kneeboarding, wakeboarding & barefooting
'''''**-:-...,
"'""'''''- .,~"",.
--"""->::<
vanced skiers learn slalom course and trick skiing
December 20-23 . December 27-30 · 200q. · 8 am to u noon
Call 269-7625 for reserva1:ions · COS1: per session $195
WAKEBOARD · KNEEBOARD · SKI
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Exhibit pp
RECEIVED
[ JUL I \ 1999
PARKS & RECREATION
'Our M~, Rams€,J,;
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-- -------.__.~._--
Exhibit QQ
Agency ORI Number:
FL 0110000
SJ
C(
N..i-....- __ _ ,
- --------
OFFENSE INCIDENT REPORT
Report Number: 0500004544
Date of Incident:
FM:02/06/2005
TO:02/06/2005
Time:
1321
1445
Day:
SUN
Date of Report:
02/06/2005
Dispatch Date:
02/06/2005
In-Service:
1600
Dispatched:
1321
Arrival:
1335
Case Sus;peD.ded?
Yes:D NO:~
Location of Incident:
4290 AVALON DRIVE, NAPLES, FL. 34112
District:
3
Grid:
3123
Location Code/rYPe:
27 PARK/WOODLANDS/FIELD
Area:
1 UNINCORPORATED
Children Present? NO
Weapon Code/rYPe:
11 THREAT/INTIMIDATION
Special Circumstances:
10 N/A
DCF Contacted? NO
Forced Entry? O-N/A
Number:
Of Premises: 1
Investigator - Name/ID:
Notified:NO
Responded:NO
Referred To:
Assigned To:
# Cl earance:
1. SO-95017
9- N/A
OllurU: e
Attempt: Misd.
DZSTURBA'lilCE ALL O'l'HBRS
N 0
Ucr:
04397
9800
Reporters.
1
6
Victims.
o
o
SU.pect./Arrested.
Date Printed:
02/06/2005
Witnes..s.
lIi.sing.
Property :It__.
o
o
Drug. .
o
o
D~str~ct/Sect~on:
Vehicle..
Un~t:
D/S W. STZLL
__~ District 3 3A1.3
Collier County Sberiff's Office, Naples, FL
Report uploaded
Çt3
Page
Report Number: 0500004544
e
PERSONS - REPORTER
Incident Report
REPOR'l'ER:
Name (Last, F~rst M~ddle)
HERRIMAN JR., GLENN GRAN'I!
Race Sex Date of Birth Age SSN:
W M 10/25/1937 67
He~ght We~ght Ha~r Eyes Ethn~c Orig~n
AMERICAN -EUROPE
Drivers License No. :
St: Expires:
Place of Birth:
Address:
2881 64TH STREET SW
NAPLES, FL 34105
Phone: (239) 269-7625
Residence Status:LO~
Employer/School:
GULF COAST SKIMMERS INC.
PRESIDENT
Phone: ( )
Reporting Officer:
D/S W. STJ:LL
ID: District/Section:
2752 District 3
Collier County Sheriff's Office, Naples, FL
Date printed:
02/06/2005
Page ;L Of~
Incident Report
Report Number: 0500004544
WITNESS:
Name (Last, F~rst M~ddle)
HERRIMAN JR., GLENN GRANT
Race Sex Date of Birth Age SSN:
W M 10/25/1937 67
Place of Birth:
Address:
2881 64TH STREET SW
NAPLES, FL 34105
Phone: (239) 269-7625
WITNESS:
Name (Last, F~rst M~ddle)
GURSOY, JOHN
Race Sex Da te of Birth
W M 12/15/1962
Age SSN:
42
Place of Birth:
Address:
133 PALMETTO DUNES CIRCLE
NAPLES, FL 34113'
Phone: (239) 732-0570
WITNESS:
Name (Last, F~rst M~ddle)
MICHALIK, ANTHONY J.
Race Sex Date of Birth Age SSN:
W M 05/14/1962 42 025543733
place of Birth: SPRINGFIELD MA
Address:
727 LAMBTON LANE
NAPLES, FL 34112
Phone: (239) 353-2219
WITNESS:
Name (Last, F~rst M~ddle)
GURSOY, KEMAL ATA
Race Sex Date of Birth Age SSN:
W M 03/24/1964 40 261811311
Place of Birth: DEERFIELD IL
Address:
280-2 WESTNAOMI DRrvE
NAPLES, FL 34104
Phone: (239) 455-6919
œ
PERSONS - WITNESS
He~ght We~ght Ha:rr Eyes Ethn~c Or~g~n
AMERICAN -EUROPE
Drivers License No.:
Residence Status:~
Employer/School:
GULF COAST SKIMMERS INC.
PRESIDENT
Phone: ( ) -
St: Expires:
He:rght We~ght Ha~r Eyes Ethn:rc Orig~n
510 180 BRO BRO AMERICAN -EUROPE
Drivers License No. :
G620478624550
Residence Status: LOCAL
Employer/School:
GULF COAST SKIMMERS
VICE PRESIDENT
Phone: (239) 435-2400
St: Expires:
FL 2006
He~ght We~ght Ha~r Eyes Ethn~c Or:rg~n
508 180 BRO BRO AMERICAN -EUROPE
Drivers License No. :
M242010621740
Residence Status:~
Employer/School:
GULF COAST SKIMMERS
BOARD MEMBER
Phone: ( ) -
St: Expires:
FL 2006
He:rght We~ght Ha:rr Eyes Ethn:rc Or:rg:rn
602 325 BRO BRO AMERICAN -EUROPE
Drivers License No. :
G620501641040
Residence Status:~
Employer/School:
Phone: (
)
-
St: Expires:
FL 2006
Reporting Officer:
D/S W. STILL
ID: District/Section:
2752 District 3
Collier County Sheriff's Office, Naples, FL
Date Printed:
02/06/2005 (,
p.ge~Of_
Report Number: 0500004544
œ
PERSONS - WITNESS
J:ncident Report
WI'l'NESS:
Name (Las t, First M~ddle) He~ght We~ght Ha~r Eyes Ethn~c Or~g~n
JENKINS, JESSE ANDREW 600 170 BRO BRO AMERJ:CAN -EUROPE
Race Sex Date of Birth Age SSN: Drivers License No.: St: Expires:
W M 06/11/1984 20 547856759
place of Birth:~J:LUA HJ: Residence Status:L~
Address: Employer/School:
10120 COLEGE LOOP Apt#: 1237
FT HERS, FL
Phone: (239)293-5008 Phone: ( ) -
WI'l'NESS:
Name (Last, F~rst M~ddle) He~ght we~ght Ha~r Eyes Ethn~c Or~g~n
HOPKINS, SCOT'!.' GARY 509 170 BRO BLU AMERJ:CAN -EUROPE
Race Sex Date of Birth Age SSN: Drivers License No. : St: Expires:
W M 07/13/1969 35 254552943 H125787692530 FL 2009
Place of Birth: PHJ:LADELPHJ:A PA Residence Status:L~
Address: Employer/School:
203 PALMETTO DUNES CJ:RCLE
NAPLES, FL 34113
Phone: (239)784-4600 Phone: (239)394-9333
Reporting Officer:
D/S W. S'l'ILL
ID: District/Section:
2752 District 3
Collier COW1ty Sheriff' s Office, Naples, I"L
Date printed:
02/06/2005 t,
page~Of_
REPORT NUMBER: 0500004544
(!)
NARRATIVE
Incident Report
AT 1321 HRS., 6 FEB. 2005 I WAS DISPATCHED TO SUDGEN PARK/AVALON LAKE
TO MEET WITH MR. HERRIMAN CONCERNING A DAMAGED PADLOCK AT THE BOAT
ACCESS RAMP. MR. HERRIMAN WAS IDENTIFIED AS THE CURRENT PRESIDENT OF
THE GULF COAST SKIMMERS INC. WATER SKI CLUB THAT PERFORMS AT AVALON
LAKE.
UPON ARRIVAL, MR. HERRIMAN IMMEDIATELY STARTED DESCRIBING AN ONGOING
DISPUTE WITH THE CLUB VICE PRESIDENT (MR JOHN GURSOY). MR. HERRIMAN
INDICATED THE DISPUTE HAD ESCALATED OVER THE PAST FEW DAYS WITH MR. J.
GURSOY REMOVING CLUB BOATS AND FILES FROM HIS PROPERTY WITHOUT
AUTHORIZATION. A VERBAL ALTERCATION RESULTED FROM THESE ACTIONS AND MR.
J. GURSOY WAS TOLD TO REFRAIN FROM PARTICIPATING IN THE SHOW SCHEDULED
FOR 6 FEB. 05. MR. J. GURSOY INDICATED HE INTENDED TO PUT ON A SEPARATE
SHOW AT THE LAKE AT THE SAME TIME AS THE REGULAR SHOW REGARDLESS OF MR.
HERRIMAN'S INSTRUCTIONS.
MR. HERRIMAN WAS CONCERNED THAT IF MR. J. GURSOY SHOWED UP AT THE PARK
THERE WOULD BE A PHYSICAL CONFRONTATION. MR. HERRIMAN REFERRED TO MR. J
GURSOY'S SKI TEAM AS A "CULT", AND "GOONS".
MR. GURSOY ARRIVED AT THE PARK. IN MY PRESENCE, TWO OF MR.
HERRIMAN'S ASSOCIATES (AT HIS DIRECTION) INCLUDING MR. ,HOPKINS WERE
STOPPED FROM CUTTING THE TRAILER HITCH CONTAINING ONE OF THE DISPUTED
BOATS FROM MR. GURSOY'S PRIVATELY OWNED VEHICLE. THE MEN STATED THEY
WERE GOING TO REPOSSESS THE CLUBS BOAT AND TRAILER. MR. GURSOY IS STILL
A MEMBER OF THE ASSOCIATION (VICE PRESIDENT) AND HAS RIGHTS TO CLUB
PROPERTY, THUS THIS ACT WAS NOT ALLOWED. WHILE THIS WAS TAKING PLACE IN
THE PARKING LOT MR. GURSOY LEFT THE AREA.
WITHIN A FEW MINUTES, 911 RECEIVED SEVERAL CALLS OF A FIGHT INSIDE THE
VIEWING AREA OF THE WATER SKI SHOW. MR. K GURSOY (MR. J. GURSOY'S
BROTHER) HAD WALKED INSIDE THE VIEWING AREA AND OBSERVED MR. MICHALIK
USING A CUTTING TORCH TO CUT A LOCK FROM A CONNEX CONTAINER THAT HELD
THE CLUBS COSTUMES AND OTHER CLUB PROPERTY.
MR. K. GURSOY STEPPED BETWEEN THE CONNEX AND MR. MICHALIK TO IMPEDE
HIS PROGRESS AND WHILE DOING SO CALLED MR. J. GURSOY BY PHONE. MR.
MICHALIK CONTINUED TO WORK ON THE LOCK, WITH MR. K. GURSOY STANDING IN
THE WAY. MR. K. GURSOY STEPPED ASIDE. MR. MICHALIK THEN RESUMED USING
THE TORCH.
MR. J. GURSOY ARRIVED AT THE CONNEX. HE RUSHED INTO THE AREA PUSHING
OVER THE FULL SIZED (5') WELDING TANK AND SHOVED MR. MICHALIK TO THE
Report~ng Off~cer:
DIS W. STILL
ID: Distr~ctlsection:
2752 District 3
Collier County Sheriff's Office, Naples, FL
Date Printed:
02/06/2005 ¡ . ,.,- r
Page J Of 10
REPORT NUMBER: 0500004544
CÐ
NARRATIVE
Incident Report
SIDE. MR. J. GURSOY THEN STOOD IN FRONT OF THE CONN EX TO BLOCK MR.
MICHALIK AND PRODUCED A LEATHERMAN TOOL STATING HE WOULD CUT THE WELDING
TORCH HOSE IF HE DID NOT STOP. BY THIS TIME THE LOCK HAD BEEN CUT AWAY
AND MR. MICHALIK TURNED OF THE TORCH. A VERBAL ALTERCATION ENSUED AND
WITHIN A MINUTE DEPUTIES WERE ON SCENE TO SEPARATE THE PARTIES.
IT WAS NOTED THAT MR. J.GURSOY HAD MADE ONE OF THE 911 CALLS STATING
HE WAS BEING ATTACKED WITH A WELDING TORCH WHEN IN FACT IT WAS HE WHO
INSTIGATED THE- ALTERCATION AND INTERFERED WITH THE WORK BEING COMPLETED.
AFTER ALL PARTIES WERE IDENTIFIED AND SEPARATED I OVERHEARD MR.
HERRIMAN DIRECTING MEMBERS OF HIS BOARD TO FOLLOW MR. J. GURSOY FROM THE
AREA TO FIND OUT WHERE HE HAD PARKED THE BOAT(S). I DIRECTED MR.
HERRIMAN TO CALL HIS PEOPLE AND STOP THEIR ACTIONS IMMEDIATELY TO REDUCE
THE POSSIBILITY OF ANOTHER ALTERCATION.
DEPUTIES COORDINATED WITH PARK RANGERS AND THE PARK SUPERINTENDENT
AND DETERMINED FOR THE SAFETY AND WELFARE OF THE PUBLIC AND
PARTICIPANTS, THE WATER SKI SHOW WOULD BE CANCELLED FOR THE DAY.
THE FOLLOWING WITNESSES PROVIDED SWORN STATEMENTS: MR. HERRIMAN, MR.
J. GURSOY, MR JENKINS, AND MR MICHALIK.
BOTH PARTIES INVOLVED IN THIS MATTER WERE ACTING INAPPROPRIATELY.
MR. HERRIMAN WAS VERY AGITATED TOWARDS OFFICERS AND PERSONS ASSOCIATED
WITH MR. J. GURSOY. MR. GURSOY WAS AGGRESSIVE IN HIS APPROACH TOWARDS
MEMBERS OF MR. HERRIMAN'S GROUP AND ACTED IRRESPONSIBLY IN INTERACTING
WITH MR. MICHALIK.
THE WATER SKI ASSOCIATION REPLACED THE LOCKS ON THE CONNEX AND THE
CONCESSION STAND. THE PARK RANGER REPLACED ALL LOCKS ON THE EXTERIOR
GATES/FENCE TO SECURE ANY ACCESS TO THE COMMON AREAS.
L NARRATIVE I
Reporting Off~cer:
DIS W. STILL
ID: D~str~ctISect~on:
2752 District 3
Collier County Sheriff's Office, Naples, FL
Date Printed:
02/06/2005'
page-&-o£~
02/03/2005 05:29
9415978423
AM~~lCAN b~N~rll~
rH''::II::. rJ,L
Exhibit RR
.
5630 Yahl St,...~ #5
Naples, Fl- 34J 09
Mary Ellen Donner
Supervisor, Recreation
Collier County Parks & Recre~tion Dept.
3300 Santa Barbara Blvd.
Naples, FL. 34116
RE: The Gulf Coast Skimmers Lease Agreement at Sugden Regional Park
Dear Ms. Donner,
I would like to respectfully request the assistance of the Collier County Parks &.
Recreation Department in solving the problem between the Gulf Coast Skimmers
Water Ski Show, Inc., Collier County and John Gur.)oy.
It is my desire to see the water-ski program at Sugden Regional Park continue to
serve the children of Collier County. It is In the best Interest of those children that I
submit this request. Per yours, Murdo Smith's and Marla Ramsey's suggestion we
should meet to develop a business plan ~nd submit our mutually agreed upon plan to
the county commissions meeting on March 22.
Please feel free to contect me at your convenience to discuss e meeting schedule
prior to March 22"d. My schedule will require me to be out of town March 9"'- 11th,
16- 17 and the 23rd. We can meet with you on Monday, March 7'" or Tuesday March
etl'l.
Sincerely,
~~~
Glenn G. Herriman, President
Gulf Coast Sk.immer.) Water Ski Show, Inc.
GH/lkd
Agenda Item No. 16A 1
March 8, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage Improvements for the final plat of "Whispering Woods". The
roadway and drainage Improvements will be privately maintained
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Whispering Woods"
CONSIDERATIONS:
1. On June 2, 1999, the Board of County Commissioners granted preliminary
acceptance of the roadway and drainage improvements in "Whispering
Woods".
2. The roadw~y and drainage improvements will be maintained by the
project's homeowners association.
,,-
3,
The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's office has reviewed and approved the Resolution for final
approval.
",-",
Agenda Item No. 16A 1
March 8, 2005
Page 2 of 5
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Whispering Woods" and release the
maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
.-
IlIIm Number
ltam Summary
MHting Dlte
Agenda Item No 16A 1
March 8, 2005
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16M
Recomrne.,dation to grant fir'lslapprnval of the roadway (pnvate) end drainage improvements
for the final plat of "W'lΡpering Woods~ The roadway and drainage improvemenls will be
privately maintained
~1812a05 9:00'.00 AM
Prepared By
S"nint f"nin~Br
2/,'Z005 .:IZ:22 AM
J(lhn Hould$war1h
Community Oevelopment &
Environmental S.rvicea.
DII'e
Enginnonng SerYice5
Do"
Approved By
Thomas E. Kuc.k, P .E.
ConunLl"ity Dnvelupment &
Environmetltcll SeNtCn
CDES Engineering Servh:.es Director
CDES Enginlllering ServicØ1i
Z181200$ .:0. PM
Do"
Approved By
Sandra LB8
Community DeyolapmUnl &
Environmental Servlcls
EXllcutive Sac.retary
CDITIJnunny Dfl-velopment &
Environment.1 S.ervlces Admin.
2/111200$ 10:52 AM
Dtlt.
Approved By
CDnst....H~" A. J(lh'",Ofl
Community Oevelopme-nt &
Environmental Services.
Opnratillll& Allalyßt
COI"munjty DltVelopment &
Environm_nt.1 Serviu5 Adrnin.
%1111200$ 10:5& AM
O(l1e
Approved By
Jøuph K. Schmitt
Cutnn\UI'ity Devc!loprnttl1t...
Environ"","t.1 Sel"llees
Commutl ty Dtwolopment &
E"vlronment.ll Services Admin.tr.tor
CI)romunity Dflv..I()pment &
E"vlronmetlhll SefVices Admin.
2/111200& 12:00 PM
Cat.
Approved By
OMS Coordiniltor
County Manager's Office
Admi~istratlve ASi, stant
Office of MRnagement & Budget
3/14/200$ .:40 PM
Dilte
Approved By
MnJt IsackliaN
County Managflr'a Office
Budu.,t A""'Vfit
Office of Mllnag.ment & Budget
ZIZ.\I200& .:29 AM
Dute
Approved By
Michael Smykowski
County Møn¡rger'$ Officii!
Munagement & Budget Director
Office of Management & Budget
2/WZ005 9:10 AM
Dllltn
Approved By
L.en e, O<:hSi. Jr.
Boflrd of County
Commissionen>
Dnl)lltv Cuunty M..,au.r
County M,,".ger's Offin
ZI2.r.¡006 9:.5 AM
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Agenda Item No. 16A1
March 8. 2005
Page 4 of 5
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SITE MAP
WIt8I'I!AM WOIIOI
RESOLUTION NO. 05-_
Agênda Item No. 16A 1
March 8, 2005
Page 5 of 5
RESOLUTION OF TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY AND DRAINAGE
IMPROVEMENTS IN wmsPERlNG WOODS,
RELEASE OF TIlE MAINTENANCE SECURITY,
AND ACCEPT TIlE MAINTENANCE
RESPONSffiILITY FOR TIlE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY TIlE
wmSPERING WOODS HOMEOWNER'S
ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
April 27, 1999 approved the plat of Whispering Woods for recording; and
WHEREAS, the Developer has constnlcted and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications and as
required by the Land Deve]opment Code (Collier County Ordinance No. 9]-]02, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Compliance Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, TIlEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that fina] acceptance is
hereby granted for those roadway and drainage improvements in Whispering Woods, and
authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for roadway and drainage improvements
that are not required to be maintained by the Whispering Woods Homeowner's
Association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of .2005.
DATE:
ATIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to fonn and legal
sufficiency:
Jennifer A. Be]pedio
Assistant Collier County Attorney
Agenda Item No. 16A2
March 8, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Veronawalk Phase 2C",
approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Veronawalk Phase 2C", a subdivision of lands located
in Section 26, Township 50 South, Range 26 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of ''Veronawalk Phase 2C". These documents are in compliance
with the County Land Development Code and Florida State Statute No. 177. All fees have been
paid. Security in the amount of 10% of the total cost of the required improvements and 100% of
the cost of any remaining improvements, together with à Construction and Maintenance
Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering
Services Director and the County Attorney's office prior to the recording of the final plat. This
would be in conformance with the County Land Development Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Veronawalk Phase 2C" be
approved for recording.
FISCAL IMPACT:
The project cost is $479,428.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $208,144.00
- $271,284.00
The Security amount, equal to 110% of the
project cost, is $527,370.80
The County will realize revenues as follows:
~....-.~
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $15,442,84
Agenda Item No. 16A2
. March 8, 2005
Fees are based on a construction estimate of $479,428.00 and were paidfìM!tútTé,4
2004.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$1,060.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $1,561.08
c) Drainage,
Paving, Grading (.75% const. est.) - $2,034.63
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $4,683.24
e) Drainage, Paving,
Grading(2.25%const.est.) - $6,103.89
GROWTH MANAGEMENT IMPACT: '
The developer must receive a Certificate of Adequate Public Facilities prior to the final
approval letter.
LEGAL CONSIDERATIONS:
The plat and associated legal documents have been reviewed and approved by the County
Attorney's office.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Veronawalk Phase 2C"
for recording with the following stipulations:
1. Approve the amount of $527,370.80 as performance security for the required improvements;
or such lesser amount based on work completed, and as is approved by the Engineering
Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
-,
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number
Item Summary
MHtlng Da'o
Agenda Item No. 16A2
March 8, 2005
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIDNERS
1M2
Recomnie"dation to ~pprove lor recordin", the final plat of ·Veronlwslk Phn8 2C·. approval
of Ihl! ¡iandard form Con&1ruction and Maintenance Agreement snd øpproval or the amount
of the performance &ðcurity.
3;B12005 9:00:00 AM
J~hn Hould"w(lrth
SlItnl(lt En~¡l'Ieer
2"1120017:16:16 AM
Prepared By
Communfty Development &
Envlronmenta'Servíc:u
0....
EngJne-ering Se.....iclI!1I
Approved By
Constance A. Johnson
Comtnurllty Duv.I~)plnCtnt &
E.ttyironrntMltnl SVrvlCOS
Date
Operation a AnalYJ.t
Community DU\I'ulopl1Wfl1 &:
I!nvlrorllniflntal $el'YlclIIU Ad,",".
2;111200110:20 AM
Date
Approved By
Sandra Lea
Community D..yalopmanl &
Enyironmenul Service.
Executive Secreblry
Comrnurtil)l Development &.
Environmental Stlrvlces Admin.
21111200610:10 AM
Joseph K. Schmitt
Oøte
Approved By
Community Devolopment &
~IYiro",nltn!J:l1 SUrviCIHi
Community Dev.lopm"nt &
Environn\Øntal Servicel1 Admjnstrator
ComlTlunlty Development ..
Env f"()nmlllntnl Servius Adm'n.
211112006 12:00 PM
Dete
Approved By
Thomas E. Kuck, P.E.
Community DevltlQ'lmunt &
Environmenbl Stelrvic.,,1\.
CDES Engineering Services Director
CDes Engineerinv Services
211412006 1:'2 PM
Date
Approved By
OMS CoordinQltpr
County M.n.ger'. Office:
Adminls.trattva Anhï1ant
0"10. of Management & Budget
2114/2006.:.' PM
M.urk I&õu:k$.on
Date
Approved By
County Man~ger'B Office
Quduut Anal)'llt
Office of' Management & 8udget
212412005 a:23 AM
Approved By
Michlttl Smykowski
County Mnnllger's Offlçe
ManQIjJttment & Budget Dlrttctcr
Dote
Office of Management & Budget
2(2~J2D05 ':1S AM
Dnf.utv Counr,y Manllger
Dmtt!
Approved By
Lit ) E. OÇh5, Jr.
Boerd of Coun ty
CommiSSlioners
County Mllnager'.s Office
2/24/2006 &:<9 AM
Agenda Item No. 16A2
Maret, 8. 2005
Page 4 of 4
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LOCATION MAP SITE MAP
VEIIONAWALK PHASE It
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Agenda Item No. 16A3
March 8, 2005
Page 1 of 5
"".'-....
EXECUTIVE SUMMARY
Recommendation to anow County staff to administratively Issue certain
Development Excavation permits and Vegetation Removal and Site Fllllng'permlta
as required for Saturnla Falls (Teraflna PUD) located In Section 16, Township 48
South, Range 26 East.
OBJECTIVE: To allow staff to administratively issue Excavation pennits and Vegetation
Removal and Site Filling pennits for the project known as Saturnia Falls (a.k.a. Terafina) for
areas greater than the 25 acre (LDC) limit. These pennits can be issued only after all approved
Federal, State, and Local pennits including all Final County Development Order Approvals have
been obtained and in accordance with all criteria as set forth in 4.06.04.A. The property is
bounded on the north by the Park:1ands PUD, on the west by land zoned RSF2, OC, and PU
(Quail Creek), on the South by the Olde Cypress PUD, and on the east by the Mirasol PUD
CONSIDERATIONS: The 646.49 acre Terafina PUD will be constructed in phases and Phase
One is presently being reviewed by staff. The owner desires to fill the lots and then stockpile
excess material :&om the on-site lakes and :&om the construction of the flowway improvements.
Section 3.2.8.3.6 (4.06.04 a.I.1.A.iii) of the Land Development Code states the developer will be
permitted to clear up to 25 acres of residential, commercia~ or industrial lots or building sites to
store excess fill generated by lake excavations within the PUD.
,.-. Saturnia Falls is Phase One of the Terafina PUD.
In Phase One, the areas that need to be cleared are:
Roads
Lakes
Future Lakes /Stockpile
Perimeter Berms
Temporary Ditch
Access pathways
Lots
72.94 acres
48.12 acres
38.82 acres
32.93 acres
3.58 acres
2.37 acres
54.71 acres
road r/w plus embankment
to control elevation contour line
to control elevation contour line
earth berm plus access to build
ditch plus side benn
from flowway to lakes
(Not part of infrastructure)
--------------
Total 253.47 acres
The infrastructure area is 157.57 acres (62.17 % of total clear area), and the future
lakes/stockpile area with access paths is 41.19 acres (16.25 % of total clear area), and the area of
the lots is 54.71 acres (21.58 % oftota.1 clear area). Note that the clearing or wetland restoration
within the 210 acre flowway is being reviewed under separate submittal. The needed area to
place excess material is 95.90 acres which is greater than the allowable 25 acres.
,-'
The first step in construction is to clear the necessary area for the Phase One activities. The
excavated material will need to be placed either within the infrastructure area or stockpile area or
within Phase One lot area, or combination of the three. The volume of excavated material is 4
times the amount needed within the Phase One infrastructure areas. Therefore, the placement
of the excess material will have to be either on the Phase One lot area or in a stockpile area or
both.
1
Agenda Item No. 16A3
March 8, 2005
Page 2 of5
Engineering Review staff agrees that clearing large portions of the site is advantageous in that
the more efficient use of the developer's resources results in a shorter time of construction and
resultant minimization of dust, traffic, and noise.
FISCAL IMPACT: The Community Development Fund, Development Services (131 ) has
received or will receive $27,400.00 in revenues broken out as follows:
Application Fee 5 2,000.00
Yardage Fee 20,000.00
Inspections Fee 2,400.00
B~ting (To be computed)
Clearing 3.000.00
527,400.00 APPROX. MINIMUM TOTAL FEES
A security in the amount of $500,000 must be posted prior to pennit issuance, and reporting and
inspection fees will be paid annually. The revegetation bond will be computed by the
Environmental Review Services staff as needed and may overlap other bonding.
GROWTH MANAGEMENT IMPACT: This excavation and clearing will have no growth
management impacts. All Growth Management impacts were discussed and resolved during the
PUD approval process.
HISTORICAIlARCHAEOLOGICAL IMPACT: None
LEGAL CONSIDERATIONS: The Board of County Commissioners may grant a commercial
excavation permit if the pennit application requirements and excavation pennit criteria of
Section 22, Article IV, of the Collier County Code of Laws and Ordinances are met.
STAFF RECOMMENDATIONS: That the Board of County Commissioners allow the
Community Development and Environmental Services Division (CDES) to administratively (i.e.
without further Board hearings) issue Vegetation Removal and Site Filling pennits_and
Excavation pennits for Terafina with the following stipulations:
All required Federal, State, and Local permits must be in hand, and copies must be presented to
CDES prior to the issuance of any permit.
All Final County Development Order Approvals have been obtained and any VRSFP shall be
issued in accordance with all criteria as set forth in 4.06.04.A.
Community Development and Environmental Services Engineering Review Inspections Section
will visit the site monthly to monitor any excavation. This is a new procedure covered by a
monthly inspection fee submitted with the yearly report.
Excavation activities including haul truck operation are only permitted from 6:30 AM until 7:00
PM, Monday through Saturday unless otherwise approved by the County Manager. Therewill
be no offsite hauling of fill unless separate approval is granted by the Board of County
,- Commissioners.
2
Agenda Item No. 16A3
March 8, 2005
Page 3 of 5
The allowable limits of clearing will be as specified on the approved clearing plan. The standard
25 acre limitation on clearing specifically does not apply on this site.
PREPARED BY: Stan Chrzanowski, P.E., Engineering Review Manager, Engineering Servicest
-
3
Item Number
.tem Summary
MHling Date
Agenda Item No. 16A3
March 8, 2005
Page 4 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A3
Recommendation to allow Courtty StIff to Idmim.tl1ltlvely issue Development EXC8Vltjol"l
Permit; and Vegetation Removal permit& as required for Sa'tumia FaJlI (Terafln. PUD)
located In Section 16, T01M'lship 41! South. Range 26 Eest.
3/6/20059:00.00 AM
Prepared By
Enginlttl'ring RCI'IÚ4IW M¡Jl1iJal~t
217120019:17:05 AM
Stan Chrzanowski
Community Development &
Environmental Servicu
Date
EngulCcrring Seryicll'.tô
Da..
Approved By
Cons111nce A, Johnlon
Comtm.míty DuvlClopment &
Enyiro","if'ntal SO'fVic01ò
Openltiona Analyst
Community DovolnpnttUl1 ..
Envlrotll"illntal S.f'Yicetl Admin.
219120019:42 AM
Da..
Approved By
SandI''' Lilt_
Cotnmonl1y OfNrI'lOPfMllt &
Environmental Servlcu
Executive Secretary
Conwnuni1y O~lI..lop'ntlnt &
Environment.1 Servìces Admin,
2/9/2009.:41 AM
Dute
Approved By
Th<una$ E. Kuck, P.E,
Commul\lty Development &
Environment.1 Service..
CCES Etlu1nttC'lring SnlVìC4U' DirP.l:1or
CDES EngineerIng Service$
2110/200110:96 AM
Da"
Approved By
Barb_ra S, Burgvson
CQmmunity Dvveloptnent &.
Eflvironmental Sltlvicns
Principal Environmental SpeciQlis.t
Environm_ntal Services
2/1912005 9:02 AM
D...
Approved By
WlIIí.m D.loren:r, Jr.. P,E.
Community Development &
Environmental Servl,...
Envlronment.1 SefVK:8S Director
Environrmw!Þ $ttrvICÐI
%119/20051:94 PM
Joseph K. SC'hmltt
Do"
Approved By
Community Development &
Euvironm~ntl1I5IHvic:lltt
Community Development &
Envirnnnutntnl Servìces Admin.u..tor
Communny Development &.
Envllotlrn.ntal S~rv c:.tI Admin.
2/21/20019:29 AM
Administr.tlve Assistant
D...
Approved By
OMS Coordinator
CDunty Mn"III'ilflr'tI OfttCe
Ot11cfI of Managernent & Budget
2/26/200& 10:08 AM
Budget Analyst
Do..
Approved By
Mark Isackson
County Mllnager', Offic.
Off_cft of Managemel\t & Budget
2/25/200112:13 PM
O.oato
Approved By
Mh:haClI 6myknwNki
Count.,. M...nò."er'$ Office
~"'n.gtllnlnnt &. Sudgitt Direr-hIt
Office of Manugemftl\t &. Budget
2/29/200512:13 PM
Date
Approved By
Leo E. Ocln., Jr.
Bond of County
Commluionll!l'1I
O.put)f County Manager
C<Ulflt,V MUIUJOllr'!i Office
2/25/2009 6:UO PM
LEE COUNTY
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Agenda Item No. 16A3
March 8, 2005
Page 5 of 5
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LOOATION
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SITE MAP
Agenda Item No. 16A4
March 8, 2005 .
. Page 1 of4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of II Andalucla", approval of the
standard form Construction and Maintenance Agreement and approval of the amount of
the peñormance security
OBJECTIVE:
To approve for recording the final plat of "Andaluciaft, a subdivision of lands located in Section
18, Township 49 South, Range 26 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Andalucia". These documents are in compliance with the
County Land Development Code and Florida State Statute No. 177. All fees have been paid.
Security in the amount of 10% of the total cost of the required improvements, and 100% of the
cost of any remaining improvements, together with a Construction and Maintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the Engineering Services
Director and the County Attorney's office prior to the recording of the final plat. This would be in
conformance with the County Land Development Code - Section 10.02.04.
.-
Engineering Services Department recommends that the final plat of IIAndalucia" be approved
for recording.
FISCAL IMPACT:
The project cost is $2,431,112.89 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 650,656.00
- $1,780,456.89
The Security amount, equal to 110% of the
project cost, is $2,674,224.18
The County will realize revenues as follows:
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $74,328.38
-
Agenda Item No. 16M
. March 8, 2005
Fees are based on a construction estimate of $2,431,112.89 and were pa'Rt!i\ 2 of 4
July, 2004.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,395.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 4,879.92
c) Drainage,
Paving, Grading (.75% const. est.) - $13,353.42
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $14,639.76
e) Drainage, Paving,
Grading(2.25%const.est.) - $40,060.28
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to issuance of the
final construction plan approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
LEGAL CONSIDERATIONS:
The County Attorney's office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Andalucia" for recording
with the following stipulations:
1. Approve the amount of $2,674,224.18 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
,-
llam Number
.tlm Summary
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16M
March 8, 2005
Page 3 of 4
15M
Recammel'ld81ion to Ipprove for recording the fi 'lll plat of 'Andllucil~, 8pprova! of the
Itandsrd form Construction and Maintenance Agreement and approval of \hlt amount of the
performance $8curity
3/8/20059:00:00 AM
MHling Date
Prep.red By
2115/10053: 13:00 PM
John HouldswClrth
Community Deve-Iopment &
Environmental Service¡.
Senlot Englþjf:cr
Engineering Services
D"t.
Do..
Approved By
Thomu E.l<uek, P.E..
Community Duveloþm.,n1 &.
EnYironmctf1tal SlPrvÎCIl''I
CDES EnginNrinD Services Director
CDES Engineering Services
2115/10054:11 PM
Approved By
Oote
Sandra Lpa
Conwnunlty DCIIYfI'lopmrmt &
Environmental S.rvh:...
Executive Secretary
CommunHy Development ..
Environmental Servic.. Admin.
11171100511:43 PM
Cøn.stMIr.e A. JahnslOt)
D"'.
Approved By
Community Oevelopmant &
Environmental Service..
Ope.-.tiona Analyst
Community DttYelopment &
Environmental Service.. Admin.
2113110051:13 PM
Du1e
Approved By
Joseph K. Sch,n"t
Community Devuløpmlu'It'"
EnvironmiCn...1 Servlc:e"
Community Do\'olopmont &
Environmental Servlc:.n Adminatnl10r
CI)mm1.lntt)' Døv.lc.pment &
En~lronmflllel ServiceJl Admin,
112'12005.:32 AM
Date
Approved By
OMS Coordinator
County Manager'. OffJce
AdmÍftÎstnlth'e Auh¡¡tant
Ottice of Mlnagement & Budget
2115/1005 10:51 AM
Dute
Approved By
Mfln.: 1,,;tCktlon
County Manager's Offic:.ø
SudglJt An.dYlòt
Oftk:. of Management.. Budget
2125120062:27 PM
Date
Approved By
M çhnl Smykowskl
County Manag.,r''I Offtc.
Management & Budget Dirvctor
Offi<:e of Mlnagement & 8l1dg.t
21181200512:11 PM
Date
Approved By
L.nu E. Och$, Jr.
BOlrd of County
Comlniuionera
Deputy County MIlf'H.lJer
County Managlllr's Ofrlca
11281100& 11:48 PM
Agenda Item No. 16A4
March 8. 2005
Page 4 of 4
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IoNW.UCIA
Agenda Item No. 16A5
March 8, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of UMedlterra Parcel 125 Replat",
approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Mediterra Parcel 125 Replat", a subdivision of lands
located in Section 12, Township 48 South, Range 25 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERA TIOHS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Mediterra Parcel 125 Replat". These documents are in
compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
recording of the final plat. This would be in conformance with the County Land Development
,- Code - Section 10.02.04.
Engineering Services Department recommends that the final plat of "Mediterra Parcel 125
Replat" be approved for recording.
FISCAL IMPACT:
The project cost is $1,164,214.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer .
Drainage,
Paving, Grading
- $279,936.00
- $884,278.00
The Security amount, equal to 110% of the
project cost, is $1,280,635.00
The County will realize revenues as follows:
,,-
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $36,016.41
Agenda Item No. 16A5
. March 8, 2005
Fees are based on a construction estimate of $1,164,214.00 and were paRi~~ 2 of 4
November, 2002 and Janl:lary, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,090.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 2,099.52
c) Drainage,
Paving, Grading (.75% const. est.) - $ 6,632.08
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ 6,298.56
e) Drainage, Paving,
Grading(2.25%const.est.) - $19,896.25
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Mediterra Parcel 125
Replat" for recording with the following stipulations:
1. Approve the amount of $1,280,635.00 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
.-.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
111m Num...r
111m Summary
MHllng Date
Agenda Item No. 16A5
March 6, 2005
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
15A5
RecQmmendation to approve for recarding the fi".1 plat of "Mediterra Pllrcel125 Repllt",
apþrovll of lhu standard form COf'latNCtÎon Ind Mainten.roce Agreement and approval of the
amount Of the performance security,
3/8/2005 9:00:00 AM
Prepared By
2116/20059:.8:.1 AM
J(Iohn Houlctlõwolth
Community Dellelopmeht &
Environmental Services.
Date
Senior Engineer
Engineering Serylce'l
COES Engineill'ring Servic.s Oire-ctor
0.10
Approved By
Thomas E. Kuck, P.E.
Conmaunity Dftveloþlnr.nt &
E"ylro"m~m StUVïr.1t1
CDES Engineering Service$!
2116/200610:1T AM
Approved By
Date
Blind,,,, Lea
Community Dev(tlopment A
EnvironmenUiI Services
exet1.lttv. SlI'Cretary
Community Development &
Environmenbl Services Admin,
2/1T/200610:58 AM
Out.
Approved By
Constmu::p. A. Joh.ljóoo
Community Development &
Environmental Servlcn
OlUtmio"a AnDfyltt
CDmmunity Development &
Environmental Servicas Admin.
%1181200& 1:1& PM
Date
Approved By
JOiUlph K. Sd'lfnitt
CmnmunHy O.yuloprnlUJt &
EnvlrotlfTlG'nbl SltIrvlc:u
Community Devolop'TUl'nt &
EnvironmenÞ Servíc.es Admin.tf.tor
CDt'Ofnuníty DClv~I(Jp'nel1t &.
Erlvironmlrtltftl Servicos Admin.
2/21120069:33 AM
D;¡lte
Approved By
OMB Coordi"..tor
County Man..ger'a Office
Adminis.trative Auistant
Off~. or Man.gement & Budget
2/26/200& 10:53 AM
Dute
Approved By
M~ltk 1~;u:kJõo"
County Mantlger'a OttiCft
8udgot An"IYllt
Office pf Management & Budget
2/28120068:38 AM
Dote
Approved By
Michael Smykow5ki
County MønÐ9~r'1i Offìce
Mønogement & Budget D¡,..ctor
Office of Management & Budget
2/2812.00& 10:44 AM
D.ta
Approved By
LeU) E. Oc:hli. Jr.
Boerd of County
Comrnjsoiol'len
Dltputy County M"'rI"ger
Courlty Manaultlr's Office
2/28/200612:51 PM
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I£DITI!RRA PARCEL IS RI!I'I.A T
Agenda Item No, 16A5
March e. 2005
Page 4 of 4
Agenda Item No. 16A6
March 8, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements· for the final plat of ulbis Cove Phase 2C". The
roadway and drainage Improvements will be privately maintained
OBJECTIVE:
To grant final approval of the Infrastructure improvements associated with that
subdivision known as "Ibis Cove, Phase 2C"
CONSIDERATIONS:
1. On October 13, 2003 the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Ibis Cove, Phase 2C".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association.
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. The utility facilities have been previously conveyed to Collier County.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's office has reviewed and approved the Resolution.
-
Agenda Item No. 16A6
March 8, 2005
Page 2 of 5
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Ibis Cove Phase 2C" and release the
maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
.-
Item Number
Item Summary
Muting Date
Agenda Item No. 16A6
March 8, 2005
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIDNERS
16A6
Recommendation to grant fif1al approval of the roadway (pnvlte) and drarnlge improvements
for the final plat 01 ~Ib¡s Cove Phaae 2C~ The roadway and drsinJge improllememta will be
pri\lÐtely mainained
318.'2005 9;0000 AM
Prepared By
5..,10'" Engin.",
%11a/200~ 10:06:54 AM
John HouldtõWetl1t1
Community Development &
Environmil!lntlll kl'Vices
Cute
Engmeeting Service,;
COES Engineering Services DirecCor
O.te
Approved By
Thomas E. Kuck, P.E.
Comrnutlity Ooveloplntm1 &
Envlranmlt!ntnl Service,,.
caES Engineerjog Services
%l1a/200~ 1%:20 PM
Oata
Approved By
S..ndr. LBa
Community Development &
Environmental Services
Ex«cutive Secretary
CDnlfnun~ty Development &.
Envlronment.1 Servletl& Admin.
2/10/20061:11 Pili
ConstofJCI! A. JohnsntJ
n"te
Approved By
Community Development &
En"irolUnental Services
Oþf!nrtíonK Anilly~t
Community Development &
Environmental Services Admin,
2/11/20051:38 PM
Approved By
Jo.seph K, SdllnJ1t
Community D.\ln Oprlu~nt'"
Environment.1 Service"
Community DuvelopnHtrlt &
Environmantal Service1i Adntín.trator
Cllt.
C )mrnunity OGv.lopm_nt &.
environment.1 Sorvico" AdmIn.
2/21/2006 9:3$ AM
OMB Coordinator
A.dmlni,tnltíve Ani$tIIl,t
Date
Approved By
County Manaver', Office
Office of Menevement & BUdgll!lf
2/251200$ 10:64 AM
Approved By
Mark la¡¡cks;an
County Momager's Offíce
aud~ nt An.ly'"
D41t.
Ottlce of Man_gem.,"t & Budglt1
%/26/20061:12 PM
001.
Approved By
Micha.l Smykowskl
County Mnnng.r', Office
MDnogement & Budg.f Ol,..<::tor
Office of Management & Budget
2/2812008 10:38 AM
O.tn
Approved By
U~D E, O(:hSi, Jr.
Board or County
Commî8tõionera
Dltlwty Cuunty Mllnag0r
County ftbnagllr's O1fi«
2/20/200612:68 PM
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Agenda Item No. 16A6
March 8. 2005
Page 4 of 5
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Agenda Item No. 16A6
March 8, 2005
Page 5 of 5
RESOLUTION NO. 05-_
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY AND DRAINAGE
IMPROVEMENTS IN IBIS COVE PHASE 2C,
RELEASE OF THE MAINTENANCE SECURITY,
AND ACCEPT THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE IBIS
COVE HOMEOWNER'S ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
September 12, 2002 approved the plat of Ibis Cove Phase 2C for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 91-102, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Compliance Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is
hereby granted for those roadway and drainage improvements in Ibis Cove Phase 2C and
authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for roadway and drainage improvements
that are not required to be maintained by the Ibis Cove Homeowner's Association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of . 2005.
DATE:
ATTEST:
DWIGIIT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to fonn and legal
sufficiency:
Jennifer A. Belpedio
Assistant Collier County Attorney
-"--'--_.'.~-"'"
--."'--.-.-.--"--
Agenda Item No. 16A7
March 8. 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of IIlslandwalk Phase 5B" The
roadway and drainage improvements will be privately maintained
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Islandwalk Phase 5B"
CONSIDERATIONS:
1. On September 27, 2001, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
IIlslandwalk Phase 5B".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association.
.-
3.
The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. The water and sewer facilities have been previously conveyed to Collier
County.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
.-
-_,_ _W"·_~__··M
Agenda Item No. 16A7
March 8. 2005
Page 2 of 5
LEGAL CONSIDERATIONS:
The County Attomey's office has reviewed and approved the Resolution.
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Islandwalk Phase 5B" and release the
maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
.-
".-..,.
110m Number
ltam Summary
MHtlng Dllo
Agenda Item No. 16A7
March 8, 2005
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
I SA?
Recommendstion to grarn final approval of the roadway (pnvateJ and drainage improvemen1s
(or the final plat of "hòlandwalk Phase SSn The roadway and drlllnage improvementr¡¡ will be
privlltely maintained
3/812005 9;00;00 AM
Preplred By
Stentor En11ineltr
2118/2Q05 7:4.4:)0 AM
John Houldsoworth
Community Development &
Environmental Service..
Dute
Eng¡ncrering SerYiCe1ò
Date
Approved By
Thomes E. Kuck, P.E.
Comfnunlty Onvelopment &
En'llrQnmefltaISotvïcO'..
CDes Ehglnl'~ring Servlc.es Director
CDES Engineering SOIVÎce$i
21181200510:00 AM
D...
Approved By
S.ndnl Lea
Cornmunlty De'lalopmQt\t &
EnvironmentAl Servites
EJ::ecutì\lf: Secretary
Cnmrnunity Devllllop,nðnt ..
Envjronmenta ServiclIIS Admin_
2/18120051:14 PM
Dut~
Approved By
Constltn(~1 A. Jahllti()tl
Community Development &
En\'lmnmental Servlc,es,
O,mrati()t Sô Anulyüt
Community D.velopment &
En"ìronm8ntal Servicelli Admín.
2118/20051:36 PM
Dut~
Approved By
Janph K. S(:hrnttt
Community DevtlloJlmUllt"
En'liron..",mtal Services.
Ccunnlunity DQ",olopmilrrlt &.
Environmental Services Admtnslr.tor
CI)rornunit'i Dtlvltl(lp"''Ient &
Er¡yjrQrnnent.1 SUI'V.ces Admin.
2/2112005.:36 AM
Date
Approved By
OMEI CoordinJltor
Count)' Manager'. Office
Adminì$trutlve Auilltal't
Office of M,u"I.gement & Budget
2125/200510:65 AM
Budgut Analytit
Dllte
Approved By
Murk ISilf:k.r.nn
County Manaoer's Office
Offic. of Management & Budget
2125120052:<8 PM
Dote
Approved By
Michael Sn1ykow5ki
County Manager's Off~ce
ManGo.,nenl & BudglB'l Director
Office of Man~u.m.nt & BUdget
2'2.81200510:36 AM
DJiltill
Approved By
Lito E, Och$, Jr.
BOllrd of County
Commi5lllionen>
Dlt ) JtV County M"(liI jIer
County Mftn.ger'£ Olfln
211812006 1 :44 PM
- . I , ,
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IlOl)
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-- --
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LOCATION MAP I8L.ANOW AU< PHASE FIVE B SITE MAP
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UI
Agenda Item No. 16A7
March 8, 2005
Page 4 of 5
..
.
RESOLUTION NO. OS-_
Agenda Item No. 16A7
March 8, 2005
Page 5 of 5 .
. RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FWRIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY AND DRAINAGE
IMPROVEMENTS IN ISLANDW ALK PHASE SB,
RELEASE OF THE MAINTENANCE SECURITY,
AND ACCEPT THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
ISLANDW ALK HOMEOWNER'S AS SOCIA TION
WHEREAS, the Board of COWlty Commissioners of Collier County, Florida, on
February 13,2001 approved the plat of Islandwalk Phase SB for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 91-102, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Compliance Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FWRIDA, that final acceptance is
hereby granted for those roadway and drainage improvements in Islandwalk Phase SB
and authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for roadway and drainage improvements
that are not required to be maintained by the Islandwalk Homeowner's Association.
This Resolution adopted after motion, second and majority vote fuvoring same,
this _ day of .2005.
DATE:
ATIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FWRIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to fonn and legal
sufficiency:
Jennifer A. Belpedio
Assistant Collier CoWlty Attorney
Agenda Item No. 16A8
March 8, 2005
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a $43,800
Budget Amendment from Fund 131 Developer Services Reserves to Fund 131 Prior
Year Reimbunements to cover a refund associated with a Stewardship Sending
Area Application.
OBJECTIVE: Recommendation that the Board of County Commissioners approve a
$43,800 Budget Amendment ITom Fund 131 Developer Services Reserves to Fund 131
Reimbursement for Prior Years to cover a refund associated with a Stewardship Sending
Area Application.
CONSIDERATIONS: The Board of County Commissioners approved an amendment to
the Community Development and Environmental Services fee schedule with a decrease
in fees for the Stewardship Sending Area (SSA) Application fees that would be
retroactive to any SSA application fee already paid. In May of 2004, Barron Collier
Investments paid $53,300 for fees associated with the SSA 1-4 application with the
agreement that the actual cost of processing would be tracked and adjusted and refunded
accordingly. The total amount to be refunded to Barron Collier Investments for
overpayment is $43,800.
,"-~
FISCAL IMPACT: The fiscal impact associated with this Executive Summary is the
transfer of $43,800 out of Fund 131 Reserves into 131 Reimbursement for Prior Years for
the refund of SSA application fees.
GROWTH MANAGEMENT IMP ACT: There are no growth management impacts
associated with this Executive Summary.
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 Board of County Commissioners approve a $43,800
Budget Amendment ITom Fund 131 Developer Services Reserves to Fund 131
Reimbursement for Prior Years to cover a refund associated with a Stewardship Sending
Area Application.
Prepared by: Kristy Nimnuan, Comprehensive Planning
,,-
Iblm Numbor
.'tern Summary
Moollng Dolo
Approved By
Stan LltuinQ'Clr
Community o.velopmf!nt &
EnvjronmentQl Sanrices;;
Agenda Item No 16A8
March 8, 2005
Poge 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16AB
Recommendation that the Board 01 CO\Jrny Commisiioner& approve a 543.800 budget
amel1dmen11rom Fund 131 Developer SeMces; Reserves to Fund 131 Prior "fur
Reimbursements. to cover 8 r~fund associated with a Steward$hlp Sending Area Application
316/20059:00:00 AM
COInprnlumSli,.,( Phltming DI,ectc)r
OØlUr
ComprehensÏYe Plan"in9
2/15120053:31 PM
0...
Approved By
SUu" MUfTay, AiCP
t.cunnmnlty Dlllvlt(øpnmnt &
EnvfranmCl'nul ServiC:ClA
Zoninu &. L.and Dnvelopment Dìrtlctor
Zuning & Land Development Rltview
2/18120051:14 PM
Dn'~
Approved By
Sondro LII"
Comtnunltv Oavelopmttn1 &,
Environmental Services.
Exncutiv(, Sec:rltta.y
Cammunfty CI!'\lolopment &
Environmontal Services Admin.
212mo05 12:15 PM
D...
Approved By
Corl1itance A. John$on
Community Development &
Eovironmtt-ntol SOlVicnø
Operalions An.lyst
Communtty Developmønt &
Et1vlronnH!ntAl Sœrvlce i Adnlin,
2/22/2005 2:08 PM
0.",
Approved By
Josellh K. Schmitt
Cø"rtnunitv ~fVllllopt1'lflnt &.
Environmental Services.
Community DClvelopmllllnt &
Environment.' S(1rv~(1.s Adminstralor
COmt'Ol,Itlity DU'Io'lth)pt'flOlI1 &
Envlrontnent¡¡! Service. Admrn.
2/22/2005 5:37 PM
0""1
Approved By
OMS CDordinu1<tf
County Manager', Ottlc.
Adminhitmtivu Au.jalllllt
africa of Manilgement & Sudvet
2/251200610:39 AM
O.tfl
Approved By
Mark hUII;k~Qn
County Mllrlitger'Jt, Offiç¡e.
Sudglftl AnalY4t
Office of MUlluilt!rnent 10 Budu~t
2/25120051:07 PM
Date
Approved By
Miçhøel Smyl<owski
County Man.ger'. 01f'çe
Management & Budget Director
OffiGe of M.n.gement & Budget
2'28/2005 12:22 PM
Dut~
Approved By
Ltló E. 0,,;111.. Jr.
Bo.rd of County
COMmÎuiorlftrli
Dep~lt)' County Managnr
Co\mty Manager's Orrj~C'
21251,2005 1 :70 PM
--
,-
Agenda Item No. 16A9
. March 8, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water and sewer utility facilities for Island
Walk, 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 and sewer facilities.
CONSIDERATIONS:
1) The Developer of Island Walk, Phase 2 has constructed the water and sewer 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 September 17, 1999. 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 and sewer 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), submitted with the Subdivision bond may be
reduced by 10% for the utility-related items that have been satisfactorily completed.
FISCAL IMPACT: The cost of operating and maintaining the water/sewer 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 and North/South Regional Wastewater Treatment Plant. Capacity
presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant
County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-OffICio the
Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities
for Island Walk, Phase 2, and release the UPS to the Project Engineer or the Developer's
designated agent.
PREPARED BY: Tonia Leavitt, Engineering Services Department
-_. ...-.-_~_.
Item Number
Item Summary
Mooting Dlto
Approved By
Thomas E, Kuck, p.e.
Community ~tvfll()pfllent 8.
Eny ronmll'ntnl Services
Agenda Item No. 16A9
March 8, 2005
Page 2 01 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1SAS
Recommendation to approve fh,al 8Cceptence of water and sewer utility fscllitles for Island
Walk, Phs$I 2.
3/8/2005 9:00.00 AM
coes Engineering Service5 Dire&tor
0...
CDES Engineering Services
2J1"200511:35AM
0...
Approved By
Sandra Luo
Community DevcfopmftnL &
Environmental Services
Executlv. SIt(:retary
Community Oevelopm.nt &.
Environmentlll Servius Admin,
2/1./21H16 ':35 PM
Constam:e A. Johnson
0...
Approved By
Comrnunity Developm..nt"
Environmt,ntlll $lØrviC:fl1J,
Oplmrtiona Anolyø1
COltlmunity Development &
Environmollt.1 Survh,.,$ Adrnin.
2/15/2006 2:38 PM
Approved By
Þ.mela Libby
PubUc Utllffies
W3ter Operations Manager
Date
Wllter
2/16J2D05 9:18 AM
Wl/Iite-rDI'fCI¡;:tor
Dot.
Approv.d By
Paul MnttjlUlt:h
Public Utilities
Wiltet
2116/2005 9:" AM
Date
Approved By
Steph"n L. Netc )'
Public UHIí1jO'I
Wast(J'wutlþr Collection", Manngur
Wa"wW.1er
2/17120067:12 AM
Date
Approved By
Joaeph a. Che,tham
Public Utilities
W8stew.tør D¡rec:ior
W84teWater Treatp1ðl"tt
2118/2005 .:'3 PM
D..to
Approved By
Roy B. And",.on, ,....E.
Public Utílhle,
:*uhlk Utilities Engineft'rlng Direr-tot
Public Utllltias Engineering
2/2312005 10:'0 AM
Dote
Approved By
Jo$ltlph K. S(:h,nitt
Comrnunlty O",...elopmttnl &
Env~rolUno"taf S~rv C"5
Community Dev~letpm.nt &
Environmental SeryÎces Admln.tr.tor
Comrnun~t'J Oevttlopfnflnt &
El1vironnHrntlt1 hrvíces Admi,..
212ð/2005 7:21 AM
Datt
Approved By
OMS CoonJinltor
County Manager'. Office
AdminÎJl.trat ve As;¡.i¡¡tont
Offic«l of M.neg..lne"t & Budget
2/25/200510:19 AM
9udgfrt Analyst
D8t~
Approved By
Marie lucbon
County Mann'Itf'$ Offi(:fl
O1fj(:41 uf MJlI\OIglII!fHtnt 8. Budunl
2/251200511:22 AM
Date
Approved By
Michael SmykQwski
County Manage,'s Office
MII'l.ag..mont & Budget Director
Offi(:4I of Man_UfI",",nt & Budget
2/25/2005 1 :16 PM
DUIUJtV CIMIIUV MlllnagClr
D...
Approved By
Uti) E. O(:hlô. Jr.
Board of County
Commiauion.rB.
County Manager's Offic6
2125120055:27 PM
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LOCATION MAP
Agenda Item No. 16A9
March 8. 2005
Page 3 of 3
---
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l.IIe
will
SITE MAP
-.....NMALK !'HAlE TWO
"~"I""'W.;¡""""""'_"þ<AA;;""",'''¡''''j,';","''''''"",,,,,,,,,,,,,,,.,,,,,,,,·,.
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Agenda Item No. 16A 10
March 8, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water utility facllltle. for Whisper Trace,
Fiddler'. Creek.
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 Whisper Trace, Fiddler's Creek 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 December 11, 1997. 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 Peñormance Security (UPS), in the form of a Cash Bond in the amount of
$5,804.40, 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.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County
Attorney, Thomas Palmer.
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
Whisper Trace, Fiddler's Creek, and release the UPS to the Project Engineer or the Developer's
designated agent.
PREPARED BY: Tonia Leavitt, Engineering Services Department
--"_._--'~~-~"."." ".. ..,~>"~.,...;..,,,.,,,,",,,,-- "-._". ._,,~.- ..."...."...... -_.......-"....
118m Number
118m Summary
M..t!ng Da18
Agenda Item No. · 6A10
March 8, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A10
Recommendation to approve fl"81 acceptance of water utility facilities for V\tusp.r Trace,
Fiddler's Creek
316120059:00:00 AM
Prop.Ted By
Engine.ring TachnÎClan
211412005 10:34:30 AM
Tonia Leavitt
Community D.l 'utopm:1~nt &
Envlrotlmantal Servlcllh'
Date
CDES EnQînaeling S.rvic.s
Date
Approved By
Thomas. E. Kuck, P.E.
Community Developml!lnt &
Environmental S.",lcn
CDES Engin..,íng Services Director
COES EuulncflrifltJ SutVi~ul
1/14/200511:3. AM
Da"
Approved By
S¡ Indr. Lila
Community Dev~lopmClQt 8.
Ellvlronrnl/!tltnl $ervh:1I1I
EXKUUV.. Serc".tary
Community DltltulD mumt &
ElwífUlllnentl,1 SU!'VIC0t1 Admin.
2/1./2005.:38 PM
Da"
Approved By
ConatancÐ A. Johnson
Community DCII......lopmunt"
Envlronrr,.ntal ServiU/J
Operations Analy.t
Comrnunily Development ...
Environm(!fI1RI Services Admin,
2/1512006 NO PM
Water OptHlltiong Man..ger
Data
Approved By
Pame ;¡ Libby
PUblic. Utilities
Water
1/16/20059:19 AM
Water Dlrlf!(:tor
Date
Approved By
Puul Mllttaußr.h
Public U111itiM
Watnr
1/16/2005 9:.2 AM
D...
Approved By
Roy a. Ander50n, P.E,
PubUc Utilhie.
Public Utilitlea Englneerinq Direclor
Public Utilities Engineering
112~/200S 10:.1 AM
D...
Approved By
Joseph K. Schmitt
Community Development &
Environment..1 Service..
COfnmunity Dlllvelopment &
Envitcll1lnllt'lr..1 Sl!lrvl~ It; Admitush..tor
Community Development &
Environmental Services Admin.
2125/20057:1. AM
D...
Approved By
OMB CnMdlnator
Cuunty Man'I"ftr'lf, Office
Administrative A'Ii'li1ltant
ötriert 01 M""ogc!ment &. Sudgflt
21251200510:20 AM
D.t.
Approved By
Mark Isack-uon
County Man.gElr's Office
Budgo1 An.lyat
Office of M.nagement & Budget
2/251200511:57 AM
MIIUUUlunont" Budget Dlrftctør
Date
Approved By
Michiutl Sl1Iykow.kl
County MCtflugCl"'u Of'fÎI:~
OHice of MØlI\lIg.mel1t & BUdget
112612005 1.2:5. PM
Da"
Approved By
Leo E. Oc.hs Jr,
Board 0' County
Comm....kmers
Deputy County Man_ger
County MiI".ger'$ Office
2/25/200511:49 PM
--~,-"--,-",."--",-,-,,.
.------
LOCATION MAP
Agenda Item No. 16A 10
March 8. 2005
Page 3 of 3
fIIOUR'1I_
-y-
M___
UNY ..)
SITE MAP
WIIPER TRACE-FIXUII'I CREEX
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Agenda Item No. 16A 11
March 8. 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water and sewer utility facilities
for Mediterra Golf Course Rest Shelters
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 and
sewer facilities.
CONSIDERATIONS:
1) The Developer of Mediterra Golf Course Rest Shelters has constructed the water
and sewer 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 March 9, 2001. 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 and sewer 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), submitted with the Subdivision bond may
be reduced by 10% for the utility-related items that have been satisfactorily
completed.
FISCAL IMPACT: The ~st of operating and maintaining the water/sewer 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 and North/South Regional Wastewater Treatment Plant.
Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assistant County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water and sewer
facilities for Mediterra Golf Course Rest Shelters, and release the UPS to the Project
,- Engineer or the Developer's designated agent.
PREPARED BY: Tonia Leavitt, Engineering Services Department
l\em Number
l\em Summlry
MII~ng Dote
Approved By
Thomn E. Kuc:k, P.E.
Community Developmont &
énvlronmMtaf Service.
Agenda Item No. 16A11
Morel' e, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A11
Recommendation to approve final acceptance of water anti sewer Lltilit)' facilities for MedJterna
Golf Course Rest Shelter,.
318120059:00:00 AM
CDES Enginee,ing Services Director
Date
CDES Engineeríng Services
2114{200511:37 AM
S.mi,>r EnAlllunr
0...
Approved By
JcJtm Hauhh.worth
Communh:y De1o'f! o~mttnr &
Enviro"menml Sarvte:..
Entl "~.riniQ Scrvic:o!J
2115{2005 3:20 PM
Water Opctr.tlons Manllgltr
Dote
Approved By
Pømel. Libby
Public Utili1it"'
Watttr
"11120059:20 AM
Water Director
Date
Approved By
Paul M.tt.UiCh
Public Utih1./It1i
Water
2/11120059:37 AM
Waatewllltef Collections Manage-r
Date
Approved By
at.phe" L. Nagy
Public: Utilttie,
Wa.at.Watttr
2/17120057:13 AM
Date
Approved By
Sandra LID.
Com,nunity ~rveloplJH nt &
Eny ronmonmISQ'rvices
Executive SlI:'creLary
Cø,nmunity Delluh)pnurnt &:
EnviromnlÞntal Sel'\l eIllV AdIYlÍn.
2/1712006 3:02 PM
Da..
Approved By
Conatance A. John.s.on
_.
Community Oevulopmctnt &
El'wlronmenul Servil:.fts
Operation,. AnõlllyGt
Con"nunny DfI'Ylt-lopment ..
Environment.' Sorvic." Adtn n.
21W200S 1 :07 PM
Wa¡s:tltW~lter Oir,tc:tor
thrt.
Approved By
Jaseph B. Chlt"tham
Public utilities
W.5teWater Treatment
2118/2005 ':31 PM
Public Utilitiea Engineering Di"ctor
Date
Approved By
Roy B. And.non, P.E.
Public Utillti..
Public Utilities Engineering
21231200510:42 AM
D.tn
Approved By
JOlòvph K. 5:GhmìL1
Communíty Development &
Environmental Services
Community Del,lelopment &
Envlronment¡.1 Servi<:ea Adlnln...trator
COITlmun ty D«tvelopment &
Environmental Sarv/cn Admin.
212$120057:28 AM
Adm u tõtYiltivlt AttvtQtont
Datn
Approved By
OMS CDorditm1or
Cuunty Matla Jer'. O1ficlt
Ol'tir.n of MnnllÇleJnel)t " Budget
2/2512006 10~21 AM
Budget Analyst
Date
Approved By
Mark luckGon
County Manilgœr'¡¡, D'ri~e
Office of Mnnovem"nt & BudQl!tt
2125/200512:17 PM
Dotll
Approved By
Michue! SmykClwski
County Manlger'. Office
MnnllUlmlllnt & Budg~t Director
Office of MllnllgelTlent & Budget
2/25/20051:19 PM
Ooputy County MnnftCjlGr
Dftt~
Approved By
Ltlo E. Och!io, Jr.
Buord of County
C(lmn,i$sk,"ers
County M.nager's Office
Z/251200611:53 PM
-
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LOCATION MAP
I'1EÐI'IPRA fill)
Agenda Item No. 16A 11
March 8. 2005
Page 3 of 3
SITE MAP
Agenda Item No. 16A12
March 8, 2005
Page 1 of 3
EXECUTIVE SUMMARY
---
Recommendation to approve final acceptance of water and sewer utility facilities
for Mediterra, Unit One
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 and
sewer facilities.
CONSIDERATIONS:
1) The Developer of Mediterra, Unit One has constructed the water and sewer 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 25, 2001. 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 and sewer 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), submitted with the Subdivision bond may
be reduced by 10% for the utility-related items that have been satisfactorily
completed.
FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be
paid by monthly user fees in County "Yater/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant.
Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assistant County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water and sewer
facilities for Mediterra, Unit One, and release the UPS to the Project Engineer or the
Developer's designated agent.
PREPARED BY: Toni,a Leavitt, Engineering Services Department
Ham Numbor
110m Summory
Mooting Doto
Approved By
Thomas, E. Kuck, P.E.
Community DeveloptTItt"1: &
EnYlronmef1lat fiaf'\llce..
Agenda Item No. 16A12
March 8, 2005
Page 2 01 3
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
16Ai2
RecommendatIon to approve flnll accept,nee of wa1er and scw,oer utility rBciUlies for
Meldlterrl, Unit One
3/6/2005 9:00:00 "M
CDES engineering Services Director
DAtt!
CDES Engineering Servic8Ð
2/14/200& 1N1 AM
P.mohÞ L.lbby
Wa,ter ~onttjon$ Manager
Date
Approved By
Public; Utilitiell
Water
211S/2005 9:20 AM
Approved By
Paul M..ttau.lIch
Publk: UtllitivlI
Wnter Diroctor
D.te
Wot.r
2116/20059:31 AM
o..t41
Approved By
Stephen L. N.;y
Public. Utlllti..
Wutewater Collectlon5 Manager
Wa.teW.ter
2117/201)51:13 AM
Dute
Approved By
Su!)dra LUi
COh'ununity Deveiopn1ent &
Enviroflmentill ServlceJ.
E):m:utiytl S..crlllfary
Community Oe\l4llopment &
Envirønmental ServiceS! Admin.
2117/200»; 10:%8 AM
Oat.
Approved By
Constanc.e A. Johnson
Cormnurlitv Dev~l()pment K.
Enyironmentaf SefVfcllt
Operations AnalY.lt
C()rnmuntty Onvftli)pn)lltllt &
Enltlromnen....' SIt.,."ICØ'1I AdmIn.
2111120051:05 PM
O.te
Approved By
Joa8ph B. Cheilthlllm
Public Utmtiel
Waalillwilter Dìreclor
W.ateW.terTreatment
2/11/2005.:31 PM
Dllltu
Approved By
Roy a. AndilHSQn, FI.E.
Publk Utilities
Puhlk: Utmtluto En"jMuring Dirnctur
Public Utilities Enyinell:rlng
2/23/2005 '10:42 AM
Dut.
Approved By
J(tnph 1(. Sc:h,nitt
Cornmunlty Oe\lclopml1'nt &
Envlronmftntlll S~rvÎce$
Community Døovelopmont &
Environmental Søorvlc.l!la Admin.tretor
Community Oevelop,nent &
E-:1I'IIironmtl'tlhll Serv\!:Q,'5 Admin.
2/25/20057:30 AM
Adrnlnlstrativoel ASlilstanl
Oat.
Approved By
OMB Coordlniltor
County Manager's Ortice
Office of M.n.9~mønt & Budget
2125/2005 10:35 AM
Dut.
Approved By
Mark lucW..on
Cøunty Maru'""I",, otfíc;c~
Budg"t Analy~t
OfflCilI of Manilll""Wnt & laudont
212&12005 12:23 PM
Dlte
Approved By
Michael Smykowskl
County Mun_gillr's ONi(:ft
MI1130ement & Budget Dlr.l;1:or
Offlc~ of Man_ge"'''"t & Budgl!1.
2(25/2005 1: 27 PM
Dn )\Jly County MilMu~r
Oatu
Approved By
LOD E. 01:h5, Jt.
Board of County
Commhu¡ionen.
County Managsr's OfficII
2(26/200611:59 PM
.,^----
Agenda Item No. 16A12
March 8. 2005
Page 3 of 3
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LOCATION MAP
MEDI'TEIIRA INT DIE
SITE MAP
"oJ;.w.;'¡~I/i;;"¡::.iI; ¡¡j ¡¡~~4;J;";"W'~I';';;">;',";""";;",,".,,,,.
Agenda Item No. 16A 13
March 8, 2005
Page 1 of 3
EXECUTIVE SUMMARY
,,,,-.".
Recommendation to approve final acceptance of water and sewer utility facilities
for Carlton Lakes, Unit 3C
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 and
sewer facilities.
CONSIDERATIONS:
1) The Developer of Carlton Lakes, Unit 3C has constructed the water and sewer
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 February 27, 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 and sewer 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), submitted with the Subdivision bond may
be reduced by 1 0% for the utility-related items that have been satisfactorily
completed.
FISCAL IMPACT: The cost of operating and maintaining the water/sewer 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 and North/South Regional Wastewater Treatment Plant.
Capacity presently exists to serve this project.
,,-.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assistant County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water and sewer
facilities for Carlton Lakes, Unit 3C, and release the UPS to the Project Engineer or the
Developer's designated agent.
PREPARED BY: Tonia Leavitt, Engineering Services Department
IlIIm Number
I.m Summlry
M..llng Cllto
Approved By
Thoma5 E. Kuck, P.E.
ConMnunitv Duvelopment &
Environmental Services
Agenda Item NQ. 16A 13
March 6, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A13
Recommenda1ion to approve fj "lsJ acceptance of W1i11er end sewer u1i1ity flcilitles for Carlton
Lakes, Unit 3C
3/812005 9:00:00 AM
CDes Enginearlng Services Director
O~te
CDES Engineer¡ng Servicoø
2114120051:40 PM
Pamuln L.ibby
Oatu
Approved By
Public UtiUtitts
Wuhlf Opemth)nß Môtn.get
Water
2118/200$ 9:20 AM
Approved By
Paul M..nfl\I'ICn
Public: UtIJtti41$
WQter Dïrcctor
elite
w..t4l,
2/1612005 .:34 AM
Date
Approved By
Stephen L. Nagy
Public Utillti.,.,
Wastew.lhlr Collections ManAger
Was1eW.ter
2/17120057:15 AM
Dllte
Approved By
Sandra L"'I
Community Developm&nt &
Environmental &ervice..
ExrtC\ltiV6 s,tt<:rewry
Community Development &
ErrvironmenUiI Service,; Admin.
211'1'12;005 3:04 PM
Oate
Approved By
Constance A, John.on
CQmmunity OCNllllnptmtnt &
Environme.l1h:1I Srrrvicn
Oper.tìons Analyst
COlnmuflit'~ Duyulopmun1 &
F"nvlmnrnll\ntal Servlc." Ad,,,ïo,
211 812005 1 :0. PM
Coate
Approved By
Joseph B. Chfultham
Public Utílhies
Wasfew!IIter Director
WasteWater Treatment
2118/20054:32 PM
P:ublic~ Utllltht$l Engiluburing DirlH:f(U
o.t"
Approved By
Ro~ a. An<hlr$(,In. P.E.
Public Utilities
Public Utllttiu Engineel"in9
2/2312005 10:43 AM
Out.
Approved By
Janph 1(. Schrnrtt
Community D~v( 'lopml!'nt "
Environtnental ServlCM
Community O¡rvelopment &
Environmental Service.. Admlnflrøtor
COfnrnunny OevlI'>lop,"*,"t &
EllvironnuHltn ServIL'tISi Admin,
2/25/2D06 7:31 AM
Date
Approved By
OMB Coordj 1ator
County Manager's Office
Adminls.tratlve Anis¡tant
Office 01 Man.gemsnt & BUdAet
212$/200510:36 AM
Date
Approved By
Mark luch.on
Cl)unty M~møgClt·. Otfir:(I
Budget Anøl~t
Offic:f! of M.¡ IfliIIgIbtT)C,nt 8. SUcl l!t
212BI20U 3:03 PM
Date
Approved By
Mich.., 5mykawski
County Manager'os Oftict'
Manaoel1'Mfnt & Budget Direc:t.ur
Offk:e of Moan.gemont & Budget
3/11200510:59 AM
Deput~ County Manager
Da.I:H
Approved By
LI!'D E. OC:hSi. Jr,
BOllrd of County
CommissiDners
County Manager's Office
3ft 120 05 2 :43 PM
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LOCATION MAP
Ii
Agenda Item No. 16A13
March 8, 2005
Page 3 of 3
SITE MAP
CAlL TON L.AIŒS IHT at
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Agenda Item No. 16A14
March 8, 2005
Page 1 of 3
,c''"'"''
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water utility facilities for Sterling
Greens @ Glen Eagle Tr J, Phase II
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 Sterling Greens @ Glen Eagle Tr J, Phase II 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 June 19, 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 a Cash Bond in the amount of
$8,478.19, will be released to the Project Engineer or the Developer's designated
agent upon the Board's approval.
FISCAL IMPACT: The cost of operating and maintaining the water facilities will be paid
by monthly user fees in County Water/Sewer Fund (408).
GROwrH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by
Assistant County Attorney, Thomas Palmer.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, accept the water facilities for
Sterling Greens @ Glen Eagle Tr J, Phase II, and release the UPS to the Project
Engineer or the Developer's designated agent.
.-
PREPARED BY: Tonia Leavitt, Engineering Services Department
Agenda Item No. 16A14
r,. arch 8, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Dill
16,0,14
Recommendation to approve final acceptllnce of water ùtility facilities for Stenlng Green& 81
Glen Eagle Tr J, Ph..e II.
318/2005 9:00:00 "M
111m Number
Item Summary
Approved By
Toni" Leavitt Engln..ring TKhnlcian Date
ComtnuMity Dltvelopm.,nt &. CDES Engln..,ing Services 2/14/200512:14 PM
En'llronmamtnl &e"icft.
Approved By
Thomu$! E. Kueck, P.E. COE$. EngÎnltnring 5ervlçea Directl)r Dm
Community De'lrrloprnt!nt &
Environmental Service. CDES Engmf\ønng Services 2/14120051:41 PM
Approv'" By
Sandra IN EXaQltivo Sec:reLftry Dot.
Community Development & COlnmunity Oevelopme"t & 2/1412005 4:43 PM
Envirønnl4!ntal S.rvicCls Erlvll'ÞnmtUlt.1 S4lrvil:IIS Ad,"I,.,
Approved By
Constance A. Johnson Operation. Analys.t D.ate
Community Dt.'vlllopmftnt & Comnlunlty D8vnloþrnunt & %11512005 2:52 PM
Environmental fj,UrvICft'5 E.nvlronmllnbl Services Admïn.
Approved By
Pam"l.. Lihby Wn1~1' Op.,nttion" Managlllr Datu
Public Utilities Wat.r 2115/2005 9:21 AM
Approved By
Paul Matt,,"$(:h Water Qirvctor Date
Public: UtlJlci4t1l Wòltlll1 2115120058:30 "M
Approved By
Roy 8. Anderson, P.E. Public Utilltilll5 EngIßØ4Iru,¡J Dlre<:tQr Dote
Public:. Utilities Public Utilltl.s Engíneerlng 2/2312005 10:44 AM
Approved By
Communîty Development &
Joaeph K. Schmttt eflVirnnnMtfllol SClrvlC'OS Admlns.trator Dllte
Community Ceyelopmfi'nt & Community Development & 2125¡¡005 7:33 "M
Elwl'or\1I\¡e,,,tnl SurvÎcnft EtwlfUOInentnl 9Ø!rvices Admin.
Approved By
OMB Coordinator Administr.ttve Asslst..nt D.t.
County Manage,'.. Office Oifictl of MllnagfttTIent & Budgett 2126/2005 10:36 "M
Approved By
Mark løacks.Dn Sudgfit Analys;t D...
County Mllnager's Office Offlc& of Man.gement & eud9~ 21251200512:44 PM
Approved By
Mk:hae S,nylmw.ki ManagenMtnt &. Budoet Directur D*tu
Cuunty Mani1lflft'r'1S Office Offic" ø1 MmlhueJY1ot,t &. Sudgflt 2I2812D05 9:29 AM
Approved By
leo E. Oçhs, Jr, Deputy County Manager Date
BøiJrd of Cmlllty
CommlulonRrs County MUlUIgor'lS OftÚ.e 21281200511:03 AM
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LOCATION MAP
Agenda Item No. 16A14
March 8, 2005
Page 3 of 3
SITE MAP
ITERI.HI 8AEENI AT tUN EALE 11 .I. PH 2
,;,"hJ\liiIl¡"~iliI¡ ¡¡'¡¡II¡¡¡¡hw.ail.i~,,,;,,¡;oo"J.;i'","""'J";;,,,,,,,·,.,
Agenda Item No. 16A 15
March 8, 2005
Page 1 of 4
,...~-'"
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of uVeronawalk Phase 3A",
approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Veronawalk Phase 3A", a subdivision of lands located
in Section 26, Township 50 South, Range 26 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Veronawalk Phase 3A". These documents are in compliance
with the County Land Development Code and Florida State Statute No. 177. All fees have been
paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of
the cost of any remaining improvements, together with a Construction and Maintenance
Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering
Services Director and the County Attorney's office prior to the recording of the final plat. This
would be in conformance with the County Land Development Code - Section 10.02.04.
-
Engineering Services Department recommends that the final plat of "Veronawalk Phase 3A" be
approved for recording.
FISCAL IMPACT:
The project cost is $2,335,392.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $1,035,802.67
- $1,299,589.33
The Security amount, equal to 110% of the
project cost, is $2,568,931.20
The County will realize revenues as follows:
-
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 - Engineering Project Review
Revenue generated by this project:
Total: $71,521.73
Agenda Item No. 16A15
March 8, 2005
Fees are based on a construction estimate of $2,335,392.00 and were paRt~ 2 of 4
August, 2004.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,460.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 7,768.52
c) Drainage,
Paving, Grading (.75% const. est.) - $ 9,746.92
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $23,305.54
e) Drainage, Paving,
Grading(2.25%const.est.) - $29,240.75
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Veronawalk Phase 3A"
for recording with the following stipulations:
1. Approve the amount of $2,568,931.20 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
_.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number
Item Summary
Meeting Date
Agenda Item No. 16A 15
March 8. 2005
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A15
Recommendation to approve for recording the final plat of "Veronawalk Phsse 3A H approval
of the standard form Construction and Mair1tenanc~ Agreement and approval of the amoun1
of the performance security
318120059.00:00 AM
J<'itm Hould-'I;worth
SI~lIior En~lin~ltr
2/23120059:19:24 AM
Pl'epared By
Community Development &
Environmental ServÎces
D<ltlt
EngIneering Service,;;
Thomas E, Kuck, P.E,
COES Engineering Servic.es Oìrector
Date
Approved By
Community Dt~v~lopmf!n1: &
ËrlYironm~ntal St/fVicp.'oõ
COES Engineering Services
2/23/2005 10:08 AM
Sandra Lea
Date
Approved By
Community ()r.-yEtlopmtJ'nl &
Environmental Services
Executive Secretary
Community Developrnent &
E:.nvironmen1al Services Admin,
2123120D510:15 AM
ConstalH:u A, J<1nnitO(l
Cn11!!
Approved By
Community Development &
En'li''Ont'llental Service's.
O,u~ra1:¡()II" Analy:õt
Commúnity Development &
Environmental Serviceii Admin.
2/23/2005 10:10 A.M
Approved By
Joseph K_ Sdunitt
C()(mnunity D~\{I~ QJJrnlwt&
Envitotlmental SÐ'rvices
COUUTIUflity On'l~IDprm!'flt &.
Environmental Services Adminstrator
Dat~
Cm'Otnunit)' Devei<¡pmet11: &
Environmen1t11 Servicos Admin,
2f251Z005 7:3S AM
Adrnini.strative Ä\òs.ilit.mt
Date
Approved By
OMS c.oordinator
County Manager's Offic.e
Office Dr Management & Budget
21251200511:30 AM
B~ld~wt A.naly..t
Date
Approved By
Mark [sadt$on
County Managel's Office
Offíce of Management & Budget
2/26;200510:.(6 AM
MUllugement & Budget Director
Date
Approved By
Michael Smykowskì
County Manag(!'r''!õ O1fice
Office 01 Management & Budget
21281200S 10:2íi AM
ll~o E, OdIS, Jr.
DI~I)\.Ity County M~nilg~r
Dab:~
Approved By
Bonrd of County
CDmm¡s~ioner!!.
COllnty Mllnager's Office
2/28/2005 11:43 AM
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Aç¡enda Item No. 16A15
- Marcil 8. 2005
Page 4 of 4
II!N»iC C"IPftESS
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LOCATION MAP SITE MAP
YERONAWALK PHASE ðA
~ SITE I
LOCATION
Agenda Item No. 16B1
March 8, 2005
Page 1 of 18
,.-'.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (1) approve a
Resolution approving and authorizing the Chairman of the Board of County
Commissioners to execute a Local Agency Program Agreement with the State
Department of Transportation in which Collier County would be reimbursed up to
$437,500 of the total estimated cost of $500,000 for the design and construction
of Sidewalks - Various Locations; (2) authorize $437,500 to be reimbursed by
FOOT and the County's contribution of $62,500 from Gas Tax Reserves (313); and
(3) approve future fiscal year annual costs of sidewalk maintenance and include
all necessary budget amendments.
OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution
approving the attached FOOT Local Agency Program (LAP) Agreement in the amount of
$437,500 for the design and construction of Sidewalks - Various Locations, and to approve
Co11ier County's contribution of $62,500 and annual maintenance costs.
,-
CONSIDERATIONS: The Florida State Department of Transportation (FDOT) is willing to
enter into a Local Agency Program Agreement with Collier County, wherein FOOT will
reimburse Collier County up to the sum of $437,500 for the design and construction of
Sidewa1ks - Various Locations. Collier County's contribution towards this project wouJd be
$62,500. For locations see Exhibit "A".
FISCAL IMP ACT: A budget amendment is needed to recognize funds in the amount of
$437,500.00 and appropriate in the pathways project. A budget amendment is needed to transfer
funds in the amount of $62,500.00 from the Transportation supported Gas Tax Fund (313) and
appropriate in the pathways project. FDOT will reimburse the County up to $437,500.00 when
the project is completed. The annual increased maintenance cost of the Sidewalks - Various
Location Segments by Road Maintenance Department is estimated at $3.56 per sq. yd., per year,
and wouJd reflect as a budget increase in each fiscal year as needed.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners (1) approve a Resolution
approving, and authorizing the Chairman of the Board of County Commissioners to execute the
attached Local Agency Program Agreement with the Florida State Department of Transportation
in which Collier County would be reimbursed up to $437,500 of the total estimated cost of
$500,000 for the design and construction of Sidewalks - Various Locations; (2) approve of
$437,500 and the County's contribution of $62,500 from the Gas Tax Reserves (313); and (3)
approve future fiscal year annual costs of sidewalk maintenance and to approve the necessary
budget amendments.
.-. Prepared by: Val Prince, Project Manager, ATM Department
Attachments: Resolution- FOOT LAP Agreement FM #45545-1
Agenda Item No. 1681
March 8. 2005
Page;;' of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
1681
Re;comlT1t'mdation that the Board 01 County Cornmiss¡oner5 (1} appmv€ 8 Reso!ulion
approvìng, and authorizing ttle ChAirman ofthe Board of County CommL,>sioners to execute,
a Local Agency Program Agreement wilh the Slale Oepartmern of TranspOI1at\on, in wtllch
Collier County would þf.! reimbursed up to $....37,500 01 the tolal flstimaled 1::051. of $500,000
far the desigr. anti constructi(JfI of Sirlewall<.s ~ Various Locations
3/8/20059:00:00 AM
Item Number
Item summary
Approved By
V3! Prlnc~
Prajel::t Man;¡¡g~r
Date
Tnl1sportion Servic~$
Tr3ffic Opi!'fations! ATM
2.'8rl005 9:20 AM
Approved By
John Vliet
Roads Maintr.nencc S\Jp~ríntend.1Jnt
Date
Tran5portion Slmli(:~s
RO;ld MuiJ'llemmr.f!
2J1012Q05 3-.47 PM
Approved By
Shornn N~wman
Ar..:countln,; Supt!rvi$or
Da 'e
Transportion 5ervlceiil
Tranliportation Adlflinistration
2l11/2UOS 2:'« PM
Approved By
DUJtIf" B. Flagg
Direc.t.or of AJtðrnative TrJlnsportatioll
Modet' A TM Dlr~ctor
Date
Ttitn$þOrtlon S(lrvic.(!$
AttE1rnat!v~ Tumsport.1tion MDda$:
2111'20052:56 PM
Approved By
Norm [. F(?der, AIC?
TrallJ.portation Divi:¡¡,ion Administrator
Dl-1te
Tra"~f>ortlon Servi<;es
"Trahr~p()'bl¡DtI SE1N!~CS Admin
2!241Z005 1:03 AM
Approved By
P;rt Lehnhard
E Kf!l:u1ivf! Sm:nttary
D.. e
Tran~portatiol'! Services
Transportation Services Admin
2J2M20D5 8:45 AM
Approved By
OM8 Coordina1t.,
Administrative ASioil>tant
Date
COlJnty Manager's OHiee
Office f.lf M"nQgr:mr:nt 80 BUQfi 1!t1
21251,2005 10:11 AM
Approved By
.-
SU$an Usher
Senior Manìt:gemf!nt/BlIdget An.1lyst
o..-rtP.
COUI1ty Man;llgef's Offil::e
Office! 01 MUl"llIgemel1t & Budget
21Z5í200S 2:04 PM
Approved By
M ~ha~1 Smykowski
"',magemertt & Budgt!t Director
)ate
County Miln4nfH'S Office
Office of Manag(!'m<'!nt &. Budget
2;281200,5 12:34 rsM
Approved By
Leo ['.:. Oc.hs. Jr
Do'!puty County Managðr
Date
8p;srd or County
CClmmisßi"ner1;
County MillJoger'lI' Orfice
:mr.2:!){!5 12:41 PM
Agenda Item No. 16B1
March 8, 2005
Page 3 of 18
"Sidewalks - Various Locations"
Exhibit "A"
Construct sidewalk segments at locations as indicated below:
1. The West side of 431'11 Lane SW from Sunset Road to Golden Gate Parkway.
2. The South side of251h Place SW from 47th Terrace SW to 471h Street SW.
3. The South side 30th Avenue SW from 53rd Street SW east to the first driveway
leading into St. John Newman High School.
4. The South side of291h Place SW from 44th Terrace SW to 441h Street SW.
5. The North side of 30th Avenue SW from 46th Street SW to 451h Street SW.
6. The South side of23rd Place SW from 43rd Lane SW to 41st Street SW.
7. The West side of Gulf Shore Drive commencing at the Vanderbilt Beach Road
and Gulf Shore Drive intersection running approximately 1,600 LF in the Unit
No. 1 Conner's Vanderbilt Beach Estates.
Agenda Item NO.1 81
March 8, 2 05
Page 4 0 18
RESOLUTION NO. 2005 -
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING THE
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO
EXECUTE, A LOCAL AGENCY PROGRAM AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE
CONSTRUCTION OF SIDEWALKS AT VARIOUS LOCATIONS WITHIN
THE COUNTY.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a
Local Agency Program Agreement ("Agreement") with Collier County, wherein FDOT will reimburse
Collier County up to the sum of $437.500 out of an estimated $500,000 total project cost for the
construction of six fOOl sidewalks at the following locations within the County:
1. The west side of 43'd Lane SW from Sunset Road to Golden Gate Parkway;
2. The south side of 25m Place SW from 47th Terrace SW to 47th Street SW;
3. The south side of 30th Avenue SW from 53'd Street SW east to the first driveway leading into
5t. John Newman High School;
4. The south side of 29m Place SW from 44th Terrace SW to 44th Street SW;
5. The north side of 30m A venue SW from 46th Street SW to 45d' Street SW;
6. The south side of 23'" Place SW from 43'd Lane SW to 41" Street SW;
7. The west side of Gulf Shore Dri ve commencing at the Vanderbilt Beach Road and Gulf Shore
Drive intersection running approximately 1,600 LF in the Unit No. [ Conner's Vanderbilt
Beach Estates; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public
interest to construct these sidewalks, and that this Agreement is in the best interests of the citizens of
Collier County.
.-
NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISS10NERS
OF COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners approves, and authorizes its Chairman to sign, the
attached Agreement.
2. The Collier County Clerk will forward a certified copy of this Resolution to FDOT along with
the Agreement for execution by FOOT.
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLUTION ADOPTED atier motion, second, and majority vote favoring same, this
_day of .2005.
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, Chairman
By:
A r
and legal sufficiency:
· --..-- - ..
-- _.- - ...-
"
Agenda Item No. 1681
March 8, 2005
Page50f18
State of Florida Department of Transportation
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJ MGT. RESEARCH & OEV OFC
OGC - 11103
Page 1 0112
FPN No 415545-1 Fund: XU FLAIR ApproD:
Federal No: 7777133 A Org. Code: 55014010106 FLAIR Obj.:
FPN No. Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obi.:
County No. 03 Contract No: Vendor No.: F 596000558102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. an aQencv of the State of Florida.
hereinafter called the Department, and Collier County; Finance Department, 2671 Airport Road, Naples, Florida 34112
hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideratfon of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
Sidewalks _ Various locations and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms
and conditions upon which $uch assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed. .
1.01 Modifications and Additions: Exhibit(s}
A,S
are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
áll practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project wirl be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A fufl time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the. terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/29/2006 .
Jf the Agency does not'complete the project within this time period, this Agreement will expire on the last day of scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the Department prior to the expiration of the Agreement. ExpiratJon of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of the Agreement wfIJ not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local law: In the event that any election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency
wiJl initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
-
Agenda Item No. 16S 1
March ~ 2005
Paae u5¡W~
pROJ MGT, RESEARCH & OEV OFC
OGC -11!03
Psg" 2 of 12
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration may require.
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $ 500.000.00 . This amount ;s based upon
the schedule of funding in Exhibit "S" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be
modified by mutual agreement as provfded for in paragraph 4.00 of this agreement.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B". This amount includes Federal..aid funds which are limited to the actual amount of
Federal-aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be aflowed only from tI1e date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) legislative approval of the Department's appropriation request in the work program year that the project is
scheduled
b) Availability of funds as stated in paragraphs 3.04 and 3.05 ofthis Agreement;
c) Approval of ail plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
,-..oon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
nds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
ähibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not elígible for reimbursement
if incurred prior to funds approval being received. The Department will notify the Agency, in writ¡ng, when funds are
availab e.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The department, dudng any fiscal year, shall not expend money, incur any lìabUity, or enter into any contract
which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null
and void, and no money may be paid on such contract. The department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1
year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of
the Department which are for an amount in excess of $25,000 and which have a term for a period of more
than 1 year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed
from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shan not participate in any cost which is not incurred in
conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures
prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost. {23 CFR 1.9 (a». If FHWA or the Department determines that any amount claimed is not
eligíble, federal participatíon may be approved in the amount determined to be adequately supported, the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld
....... 'til compliance is obtained. Where nO/1-compliance is not correctable, FHWA or the Department may deny participation
parcel or project costs in part or in total.
..
Agenda Item No. 1681
March ~¿9£§
PROJ MGT, RES~~~~ & ~gJJ.~
OGC ·11103
Page J of 12
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by
mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded
to the Department's Comptroller and to the Departmen~s Federal-Aid Program Office. No increase or decrease shall be
effectiv.e unJess it compries with fund participation requirements established in Exhibit "B" of this Agreement and is
approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished
to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the
project records, together with supporting documents and records, of the Agency and all subcontractors performing work
on the project andaJl other records of the Agency and subcontractors considered necessary by the Department for a
proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, tile records
shall be retained until all litigation, claims, or audit findings involving the records have been res01ved.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project
Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shaH be supported by properly executed payrö s, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annuaHy using the foHowing criteria:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFOA) title and number, award
number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency.
In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single
or program specific audit conducted in accordance with the Unltéd States Office of Management and Budget (OMS)
Circular A-133.
If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with
the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year
and elects to have an audit conducted in accordance with OMS Circular A-133, the cost of the audit must be paid from
non-federal funds.
\.
Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular
A-133 shall be submitted to the awarding FOOT office, by the recipient, within 30 days of receiving it. The aforementioned
items are to be received by the appropriate FOOT office no later than 9 months after the end of the recipient's fiscal year.
·'
Agenda Item No. 1681
March ~~
PROJ MOT, REpil ~ ~~ 'tff
OGe-11m
Page 4 0112
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year
audit findings, including corrective action and current status of the audit finding is required. Current year audit findings
r~quire corrective action and status of finding.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and
the Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMS Circular A-133 shall
be sent to:
Federal Audit Clearjnghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
. .1e Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
(Section 287.058(1)(c), Florida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30.
The report must be prepared using the format prescribed in 49 CFR 24, Appendix 8 and be submitted to the Department
no later than October 15 each year,
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre~audit and post~audit thereof. (Section 287.058(1 )(a), Florida
Statutes)
All rêcipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and
Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400.
(Section 287.058(1)(b), Florida Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach
.--& contract by the Department.
Agenda Item No. 1681
March 8...¿?2005
Paae 9"ðf11ftO
PROJ MGT. RESIõARtH & DEV OFC
OGC - 11103
Page 5 of 12
7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to 'ensure the carrying out
of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the
Department may elect, by notice in writing, not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obfigations which may jeopardize or adversely affect the project, this Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related ·obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or
7.05 Default: Tt1e Agency has been determined by the Department to be in default under any of the provisions of the
AQreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion ofthe project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aíd.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred
by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration
of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs
attributable to goods or services received under a contract or other arrangements which have not been approved in writing
by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within one hundred twenty
(120) days after the completion of the project. Invoices submitted after the one hundred twenty {120) day time period may
not be paid.
8.00 Tenninaüon or Suspension of Project:
8.01 Tennination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at
the end of such time. Suspension of the contract will not affect the time period for compJetíon of this Agreement.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency,
the Department shall notify the Agency of such termination, with instructíons as to the effective date of termination or
specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and costs approved by the Department or upon the basís of terms and conditions
·.----.-.....-. .
Agenda Item No. 1681
March 8~~~o
PROJ MGT. JŒfì~Offlo @IfV~c
OGC -11103
Page 6 0112
nposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any clajm which the
Department may otherwise have añsing out of this Agreement.
9.00 Contracts of the Agency:
9.D1 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obJìgate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section
287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all proÍects. In all cases, the Agency's attorney shall
certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the poJicy of the Department that disadvantaged business enterprises, as defined in 49 C.F,R.
Part 26, as amended, shall have the opportunity to participate in the perlormance of contracts financed in whole or in part
with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to
this Aoreement.
._10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
3fined in applfcable federal and state regulations, have the opportunity to participate in the performance of contracts and
.nis Agreement. In this regard. all recipients and contractors shall take all necessary and reasonable steps In accordance
withapplicabJe federal and state reguJations, to ensure that the Disadvantaged Business Enterprises have lhe opportunity
to compete for and perform contracts, The Agency shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts.
10.03 Disadvantaged Business Ente.rprise (DBE) Obligations; If Federal Transit Adminjstration or FHWA Funding is a
part of this project, the Agency must comply with applicable federal and slate regulations.
11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (ApplicabJe to a/l
federal-aid contracts - 49 CFR 29)
By signing and submitting this. Agreement, the Agency is providing the certification set out below:
The inability 0.1 the Agency to provide the certification set out below will not necessarity result in denial of participatìonin
this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in connection with the Department's determination whether to
enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the
Agency from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous
certification, in addition to other remedies available, the Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency leams that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. The terms 'covered
"debarred,N "suspended: ineligible,· "lower tier covered transaction,· "participant," "person," primary covered transaction,"
"principal," "proposal," and "voluntari y excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549, Contact the Department for assistance in obtaining a
,...,f0py of those regulations.
.... "...---.-..
------~-
. .-.....--...-..-.-
_..__.u. ._.__ _
Agenda Item No. 1681
March 8, 2005
Page 1 ~2tJf1«teJ
PROJ MGT, RESEARCH & DEV OFC
OGC -11103
Page 7 or 12
The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person
who ¡s debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the Department.
The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntal)' Exclusion-lower Tier Covered Transaction," provided by the
Department, without modification, in all contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors.
The Agency may, but is not required to, check the non procurement portion of the "Lists of Parties Excluded From Federal
Procurement or Nonprocurement Programs" (Non procurement List) which is compiled by the General Services
Administration.
Nothing contained in the foregoing shaH be construed to require estabJishment of a system of records in order to render
in good faith the certification required by this clause. The knowredge and information of the Agency is not required to
exceed that which is normally processed by a prudent person in the ordinary course of business dealings.
Unless authorized by the Department, if the Agency knowingJy enters into aeontract with a person who is suspended,
debarred, inerrgibJe, or voluntarily excluded from participation in this transaction, in addition to other remedies avaìIable,
the Department may terminate this agreement for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
\i\lhere the Agency is unable to certify to any of the statements above, an explanation shall be attached to this
proposal. .
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agent::y will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, ¡'neluding apprenticeship. The Agency shall insert the foregoing provision in all
contracts modified only to show the particular contractual relationship in all its contracts in connection with the
development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall
require all such contractors to insert a similar provision in aJl subcontracts, except subcontracts for standard commercial
supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or
similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for
project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI- Civir Rights Act of 1964: The Agency will comply with all the requirements imposed by Tìtle VI of the
Ci.vil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued
thereunder, and the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with thjrd parties that ensure compliance with Title VI of the Civil
Rights Act of 1964,49 C.F.R., Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto.
,c·,·"-";;_~"","","¡",·_""";""."".",";.,;....,,·,..,.......,,·,,,c
Agenda Item No. 1681
March 8, 2005
Page 1~~
PROJ MGT, RESEARCH & DEV OFC
OGC - 11/03
Page 8 or 12
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a publíc entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a pUblic entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 267.017, Florida Statutes for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on
the Djscriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a pubJic building or public work; may not submit bids on leases of real property toa public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any
contract, subcontract, or arrangement In connection with the project or any property included or planned to be included in
the project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years
thereafter, has any Interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department may w¡;¡ive the prohibition contained in this
subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency
or the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of it's subcontracts, the following provision:
"_ "No member, officer or employee of the Agency or of the locality during his tenure, or for two years thereafter,
shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
deposrtories, or to añy agreement for utility services the rates for which are fixed or controlled by a governmental agency.
,.....,.....,
12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be soJely responsible for compliance with all applicabJe
environmental regulations and for any liability arising from non-~ompliance with these regulations and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
party other than the Agency.
13.03 When Rights and RemedIes Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shaH exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default. .
13.04 How Agreement Is Affected by Provlsl~ns Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected, In such an instance the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
...,...bereunder.
Agenda Item No. 1681
March ~~
PROJ MGT. ~lÐ;,:1i~ðß:
OGC - 11103
Page S 0/12
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
thereof, perform any other act or do any other thing in contravention of any appJicable state law, provided, that if any of the
provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in
order that appropriate changes and modifications may be made by the Department and the Agency to the end that the
Agency may proceed as 500n as possible with the project.
13.07 Contractual 1ndemnlty: To the extent permitted by law, the Agency shalf indemnify, defend, save, and hold
harmless the Department and aU its officers, agents and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
performance of the Agreement except that neither the Agency, its officers, agents or its employees wiIJ be liable under this
paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by
the Department or any of its officers, agents or employees during the performance of the Agreement.
\Nhen the Department receives a notice of claim for damages that may have been caused by the Agency in the
performal"lce of services required under this Agreement, the Department will immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
wiU jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, jf any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any
similar provision of law.
13'.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
Statè Highway System, the Agency shall submit to the Department for approvaJ all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and wHl issue to the Agency written approval
with any approved portions of the project and comments or recommendations covering any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Department wiJl issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written
approvar shaH be sufficient cause for nonpayment by the Department.
13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
soJicitation of bids for construction of the project, including those projects for which no right of way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed
in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the
Agency, and that the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and jnelude
all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for infJuencing or attempting to influence any officer or employee of any federal agency. a member
of Congress an officer or employee of Congress. or an employee of a member of Congress in connection with the
awarding of any federal contract, the makIng of any federal'grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewar, amendment or modification of any federaJ contract,
prant. loan. or cooperatËve aqreement.
,,,.......·.....,,,,.,,,......"',,,,......,,,,,""_"'·,,"""""...."M'''·'''.'''""'''',,,..,,
Agenda Item No. 16B 1
March 8i~gøoo
PROJ MGT. R~H1ø:1oet ~
OGC-11103
Page 10 a112
any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress. an officer or employee of
Congress, or an empJoyee of a member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions.
The Agency shaH require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecípients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under
this Agreement. If the AgeJ!cy constructs any improvement on Department right-of-way, the Agency @ will 0 wiIJ not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and
approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The
Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial
Services. The twenty (20) days are measured from the latter of the data the invoice is received or the goods or services
. are received, ínspected, and approved.
If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection, and approval of
goods and services, a separate interest penalty in accOrdance with Section 215.422(3)(b), Florida Statutes, will be due
and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one dollar ($1) will not be
enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency
....e.reparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly
. '11pJeted invoice is provided to the Department. .
A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this
jndividual include acting as an advocate for Agencies who may be experiencfng problems in obtaining timely payment(s)
from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's
HotJine at 1-800-848-3792.
fN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Title: SoGG Chairman or Designee
By:
Title: Director of Transportation Devefopment
Attest:
Title: Clerk
Attest: :
Title: Executive Secretary
Attorney
Jeffrey ,A. Klatzkow
Assista t ounty Attorney
As to form:
District Attorney
~",e attached Encumbrance Form for date of funding appròval. by Comptroller.
Agenda Item No. 16B 1
March ~i.Q.g
PROJ MGT. Rrs~EtH1& Dê'V J~
OGe -11103
Pope 110(12
FPN NO.415545-1
EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Departmentof
Transportation and
Collier County
Dated
PROJECT LOCATION:
Various locations
The project 0 is (!) is not on the National Highway System.
The project 0 is (!) is flot on the State Highway System.
PROJECT DESCRIPTION:
See Attachment Page 1.
SPECIAL CONSIDERATION BY AGENCY:
See Attachment Page 2.
SPECIAL CONSIDERATION BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 04/05).
Agenda Item No. 1681
March 8, 2005
Page 1 @i1~1q~
ATTACHMENt PAGE 1
raiect Description:
Constructing six (6) foot sidewalk concrete segments away from edge of pavement as far as possible per the below list:
1. The west side of 43rd Lane SW from Sunset Road to Golden Gate Parkway.
2. The south side of 25th Plaoe SW from 47th terrace SW to 47th Street SW.
3. The south side of 30th Avenue SW from 53rd street SW east to the first driveway leading into St. John Newman High
School
4. The south side of 29th Place SW from 44th Terrace SW to 44th Street SW.
5. The north side of 30th Avellue SW from 46th Street SW to 45th Street SW.
6. The south side of 23rd Place SW from 43rd lane SWto 41st Street SW.
7. The west side of Gulf Shore Drive commencing at the Vanderbilt Beach Road and Gulf Shore Drive intersection running
approximately 1,600 LF in the Unit No.1 Conner's Vallderbjlt Beach Estates.
--
','
Agenda Item No, 1681
March 8, 2005
Paqe 1 "PðfI1-f~
ATTÃCHMENT PAGE:1
Special Consideration by Agency:
All work to be conducted outside of the Department Rlght-of~Way shall adhere to the 2002 Florida Greenbook standards, as
amended,
All work to be conducted within Department Right-of-Way shall adhere to the following:
(1) The FOOT standard specification for road and bridge construction, 2004 edition as amended, and
(2) The FDOT roadway and traffic design standard. 2004 edition as amended and design criteria from the PPM, 2003 edition
as amended.
For all projects the following will apply:
a} Section 287.055, F,S. "Consultants Competitive Negotiation Act"
b) FOOT "Project Development and Environmental Manual." where applicable
c} The LocaJ Agency Program Manual
The Agency wU inform the Department in writing of !he commencement and completion of the project. Upon completion of
the project, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect and approve
the project for payment
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 04/05).
,.'
Agenda Item No. 1681
March &hQ9.P
PROJ MO.T, REr~ ¡1i~b~~
OGe - 11103
P_'2of'2
AGENCY NAME & BILLING ADDRESS
Collier County
Fjnance Department
2671 Airport Road
Naples, Florida 34112
FPN. NO.
&TATE Cf' 'lØUQ\ ......,.-NfOFTIWIII'OtT;.71OII
lOCAL AGENCY PROGRAM
AGREEMENT
EXHfSJT "8'
SCHEDULE OF FUNDING
415545-1
ÞROJECT DESCRIPTION
Name Sidewalks
Termini Various Locations
length N/A
FUNOING
(1) (2) [3)
TOTAL AGENCY STATE &
TYPE OF WORK bY Fiscel Year PROJ ECT FUNDS FUNDS FEDERAL FUNDS
P.E. 2003-2004 $0.00 SO.OO
2004-2005
2005-2006
TotOll Pi: $0.00 $0.00 SO.OO
Right-of-Way 2003-2004
2004-2005 .
ZOO5-2006 .
- Total RiI>hI-of-Wav Cost $0.00 SO.OO $0.00
.nstructlon 2003-2004 SO.OO so. 00
2004-2005 $500.000.00 S62.500.00 ~7.500.00
2005-2006
2006-2007 $0.00 SO.OO
To1al Contract Costs S500.oo0.00 $62.500.00 $437.500.00
Cona1tuctlon engineering and Inspection
2003-2004 $0.00 SO.OO
2004-2005
2005·2006
$0.00 so. 00 $0.00
Tobol Construction Engineering
To1al CDtlstruction CD5! $500.000.00 $62.500.00 $437.500.00
ESTIMATED TOTAL COST OF THE $500,000.00 $62,500.00 $437,500.00
PROJECT
The DeparùMnrs flscar year begins on July 1. For this project, funds are not projected to be av.llable until after
The Departmsnt will notify the Agency. in writing, when funds Ira ....ailab~.
July
1st ..çh ft.csr yesr.
"No work shall begin nntil the Department has issued a written Notice to Proc:eed for each phase. Funds are contingent upon ~
legislative approval. 'a)I'
Agenda Item No. 1682
March 8, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment in the amount of
$102,986 for funds from the Federal Transit Administration for the Collier
Area Transit (CAT) system.
OBJECTIVE: To obtain board approval of a budget amendment to accept
$102,986 from the Federal Transit Administration for the Collier Area Transit
(CAT) system.
CONSIDERATION: Collier County Transportation - Collier Area Transit
submitted a request for Section 5309 funding to the Special Appropriations
Subcommittee. Collier Area Transit (CAT) was awarded $102,986 in funding
FY2005 from the Federal Transit Administration. The funds are available for the
replacement, rehabilitation and purchase of buses, equipment, and the
construction of bus-related facilities.
FISCAL IMPACT: These funds are available now as part of the FTA 5309 Grant.
This is a reimbursement grant that the County will invoice for as the expenses
are incurred. A budget amendment is necessary to allocate the FTA 5309 Grant
in the amount of $102,986. The funds will be budgeted in fund 126, cost center
138333.
GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Collier County BCC approve the necessary
budget amendment to allocate the funding for the FT A 5309 grant in the amount
of $102,986.
Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation
Modes
-
AgencJa Item No.1 1382
Mard) 3. 2005
P.a[Je 2 of3
COLLIER COUNTY
BOARD OF COUNl'Y COMMISSIONERS
Item Number
Item Summary
1682
RI;!CDn1mendation to appnwf.! a budget .:IHll'Indmeni in tht': a[nount of $102,986 for funds Irim1
th!.' Federal Transit Administration lOr tt1L' Crtltier A.rea -rram;it (CA l) ~vs.tcm
Meeting Date
3/6/20059:00:00 AM
Prepared By
Date
U$.J H~nrfrlc.ksol\
MMlilgl!!",ronl¡Bud!j ~t Anal)!!,!
2118/2005.1:55:50 PM
Transpoltiol! St::rvice:r.
Traffic Operationst ATM
Approved By
Usa Hendrickson
Man2lgement!Budge1/..nalyB1
Date
TUtl'lãf'Ottioll S!!ctVît;~5
rtaNk Operationl<! ATM
1/18,'20053_5& PM
Approved By
Sh¡¡rðn I\!¡:wmm,
Ac(:ountlng SU 1crvi$nr
DalE:
lral1&portiol'l SE!r...ice$i
T nuu.port_otion Adl'l'1¡lIultrMlofl
2123/20052: 14 PM
Approved By
Dia.,~ Ð. FL1ijg
Oíre¡:tor of Altetrtatil/~ TruMSiþortlltion
Model< ATM Dlt~r;tQr
O,'rt~
ìrunaportio" S<!'lvice-$
Alt~tllatIVe: Triln5lþort"Uon Modes
2123120056:26 PM
Approved By
Norm f... reder, AICF'
rranspu'tatioll Dlvlsiul\ f.tJFnirllfitratar
D.",
Tran3portion Sa-,>/ice5
Traol1portlltion SNyicE!" Adrnin
2124/2005 7:06 AM
Approved By
Pat LE'>hnhard
Executive Secretary
Date
lnuHòpCirt<1tIQr! Ser"jc:é'!S
In¡n;¡portaticlTI Se,'.'icé'ti AdrnJl,
2/24/2U05 6:54 AM
Approved By
OMS C¢¢rrJirutol
AdrninJ5Itrutive Ä$sill'tant
Oate
County Manager'li OfficI!
Office of M~I,agement 8. Budget
:U2S/200511:1fi.AM
Approved By
Michael Smykov..ski
M:¡m3gement & Budgt>t Director
Date
COOJtlly Man;ail'rt'~ Offir.:(!
Office of Managp.mp.l!t & Budgm
2/28;2005 t :03 PM
Approved By
ten E. Oellli, ,It
Board of County
Cornrniii$¡on~'u
Or.:puty Cnunty M:lnilgr.r
Dale
County Manage:r'!ì Office
2128/2005 ':45 PM
,-J-
t-HX NU. =::>:;¿:>(b,j
01-t9-0&
.lj2U~16
,Jan. 2Ø 21211215 1.31: 19Pr¡¡ F
F..oal
04:48PM
FJQ¡o.HART j M8
Ag~~tem~4~
'Maréh 'S'. ~ÖÖb
Page 3 of 3
MEMORANDUM OF UNDERSTANDING
WEST COAST AND NORTH FLORIDA BUS COALITION
Flecal Year 2001 . s.ction 5308 &.-Cia1 Appropriation Request
OiatributiOn of FLlhds
. .......... unit FY 200'
Pem.. of 2*Ø Þ*tcHtSaur)'
...__r..,,_ FY2U)J ~ lal'llUlr'k
Cn CDIIIU)' '!ø.tI.ùt S170.ooo It~ S1 ì Drl
~ 1'Ioriða
-C\Q11W "* T,*** (CA.1) 511 - """ ..~ &<1m III
NIIpitIs, ~
~~ AreuTnqjt(E'CAI} $4 31LOOC 7.~ S2S1B.~
~ Pbìd»
~ ~-MJIO. 'rhII94IS 1"!'dJuI Hem:mdo $3&\J'IOO i).6't't",. '29.æ4
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H/r~A* ~ in=it()fAit.!) " ~600.000 16.~ ~.246 1
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~. Plori4i
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fl Waiwl1 J'tc:tlCb.l't
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Agenda Item No. 1683
March 8, 2005
Page 1 of 38
........'~
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for the conveyance of easements
required from Villas at Mandalay Development, LLC for the construction of
improvements to Rattlesnake Hammock Road between Polly Avenue and Collier
Boulevard, and the installation of an underground drainage pipe along a portion of
the frontage of the development, within Rattlesnake Hammock Road right-of-way
(project No. 60169)(Estimated Fiscal Impact: Not to exceed $150,000.)
OBJECTIVE: To obtain from Villas at Mandalay Development, LLC ("Mandalay"), the
easements required for the construction of four-Jane improvements (within a six-lane
configuration) to Rattlesnake Hammock Road, and to approve the installation of a 48-inch
reinforced concrete underground drainage pipe within Rattlesnake Hammock Road right-of-
way.
,-
CONSIDERATIONS: The Board of County Commissioners has already approved the
acquisition of the right-of-way required for the construction of four lane improvements to
Rattlesnake Hammock Road via Gift and Purchase Resolution No. 2003-371, dated October 31,
2003. While the installation of the underground pipe is part of the roadway construction plans,
the developer is ahead of the County's schedule for commencement of the roadway
improvements and is about to commence construction of its approved site development. After
careful review, and in an effort to avoid delay and additional costs to the County tbrough
damages or additional easement acquisitions, staff believes it is in the best interest of the County
to pennit and compensate the developer for constructing a portion of the drainage pipe and
certain structures, which construction can be completed by developer along with the Mandalay
infrastructure, rather than include these drainage facilities as part of the construction of the
proposed road project. While the required easements are to be conveyed to the County at no
cost, the Easement Agreement is being used as the vehicle to establish the parties' obligations
and responsibilities relating to the installation of the drainage pipe (and the payment therefor).
FISCAL IMPACT: Staff has estimated the cost of installing the pipe to be $124,800.
Recording fees associated with the easement conveyances are estimated to be $553. The
agreement provides for a cap of $150,000 to cover contingencies. Funds in the amount of
$150,000 are available in the Transportation Supported Gas Tax Fund and Impact Fee Funds for
this payment. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement
Element, the construction of four-lane improvements (within a six-lane footprint for future
expansion) on Rattlesnake Hammock Road, this agreement is consistent with the Collier County
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
-
1. Find that the proposed Agreement is in the best interest of the public and waive the
County's purchasing policy, to the extent it applies;
2. Authorize its Chainnan to execute the Agreement on behalf ofthe Board;
Agenda Item No. 1683
March 8, 2005
Page 2 of 38
3. Authorize staff to close the real estate transaction, and to record the conveyance
instruments and any curative instruments in the Public Records of Collier County,
Florida;
4. Authorize payment to Villas at Mandalay Development, LLC in accordance with the
terms and conditions of the Agreement for the installation of the underground drainage
pipe; and
5. Authorize any and all budget amendments which may be required to carry out the will of
the Board.
PREPARED BY: Robert Bosch: Property Acquisition Specialist, TECM - Right-of-Way
Acquisition
,........,."
Item Number
Item Summary
Meeting Date
Approved By
Gõ!lI'Y Putaansuu
Ttansportiol1 Sr.rvi..{'>.ß
Agenda Item No. 1683
March 3. 2005
Page 3 of 38
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B3
Recommertctalìon 10 ;¡pprove an A,green1~nl for the conve)lßnce of easement.s mquirect from
Villas al Mandala'll DeveJopment, LLC for Ihe cQn$tJ'"udion {)f improvem€nts 10 Rattlesnake
Hammo~k Road betwee" Polly Avenue !md Collie! Bou!e....mi, and the il1stall~¡¡on of an
unDPrground drainage pipe along a portion ortha fr~ll1tage of the developm~nt, within
Ratttesr,ake Hammock Road righl-t1f-way {Project No. 60169)(E5ti~lf.l1~( F¡sc",1 !mpAct: Not to
exceed $150,000.;
3/8/20058:00:00 AM
Senior Proj(!ct Manager
Ddle
Tr.lf1$porhltion EngU1lWrinn and
Gon¡;tru,-;tìon
2123/20062:56 PM
Managemt'l1tiBudget Ana!Y5t
Date
Approved By
Lisa T "Vlor
lr.u;~portjon 5t!rv¡c~$
Tr;1l1~port~tion AtJrnlfl!stratlOI1
212]1200$ 2:56 PM
KCl,'-¡n I-hmdflck$
Right Of WilY A<.:quii$jtk)n MnnaqHf
Dati!
Approved By
Tnnsþortioll Services
Transportation Engineering ;:\f1d
Construction
2/23j2005 3:48 PM
Approved By
Norm E, Fe-del, AIC;P
Tratlsportion Sef'llìc~'i
'frôU\J¡,poltatlOl1 DIYmio!1 AcltnfniHtratvr
D...
Tran¡¡.porhtion Sørvices Admin
212412005 7:07 AM
P<¡t Lðhnh.ud
Executive g{;:(.retary
Date
Approved By
Tratl~porl:8tjon StHvicltH
1 r¡¡nsportntjon St!rviC~!I Admin
2/241200$ 9:01 AM
Approved By
Shatol] N~wman
Tr3n~portio" Services
Ao::coUII1ìnn Sup~rvi~¡or
O.1ti!
Transportation Adrnini51ration
zr14/2005 11:13 AM
OM8 Coordinator
Administrative A.sgistant
Da1e
Approved By
COIJt11y Mltnagr.r'~ Officr.
Offi~ of M~na.gf! m!f1t & Budget
ZJ::!'5jZ005 11: 16 AM
Approved By
St~l,If? Cartwlf
Admfl1!lItr¡¡t!ve Se-tVlces;
PUfçh.1luinglGeuera¡ SVÇ$ Dimctor
Dal(t
Pun:;hui:ìng
2/2&/200511:2Ð AM
Senior Management/Budget Al1alYGt
Oat~
Approved By
S\J$¡HI U1'h~r
County l,hna9~r's Office
Office of Management & B~tdg!.'!t
2/25/2Q05 5: 19 PM
Mk.h;;cl Smykowfiki
ManAgen\!!!nl & Bltdg~t Djrt'!c!or
Date
Approved By
County Mmuger'ti Office
Office of Mal1i1gement 8. ButJgl~
::ne.j2005 10:32 AM
Approved By
t.eQ E. O;;l1s, Jr,
B04trd of County
Cummj$$!on1!!"1;
Deputy Coullty Manager
Dare
Catmty Mall¡¡g~r'$ OHlc..
2128'2005 ":26 PM
_.
Agenda Item NO.1 83
March 8. 05
Page 4 38
PROJECT: Rattlesnake Hammock Road
PARCEL No(s): 704, 804, 705-A, 705-B, 707, 807
and 809
FOLIO No(s): 00419360001,00419440002 and
00419480004
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this _ day of ,2005, by and between VILLAS AT MANDALAY
DEVELOPMENT, LLC, a Florida limited liability company, whose mailing address is 5770
Shirley Street, Naples, Florida 34109 (hereinafter referred to as "Owner"), and 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 the County a) a Temporary
Construction Easement over, under, upon and across the lands described in Exhibit "A", b) a
Temporary Driveway Restoration Easement over, under, upon and across the lands
described in Exhibit "B", and c) a Perpetual, Non-Exclusive, Drainage Easement over, under,
upon and across the lands described in Exhibit "C", all of which are attached hereto and
made a part of this Agreement (said easements hereinafter collectively referred to as the
"Property"); and
WHEREAS, Owner has agreed to install an underground drainage pipe for County
along a portion of the frontage of the Villas at Mandalay Development within Rattlesnake
Hammock Road right-of-way (hereinafter referred to as the "Construction Works"), with no
obligation or responsibility for maintenance; and
WHEREAS, Owner has agreed that its proposed wall. landscaping, lighting and
irrigation in the area of the Construction Works will be constructed and installed only after the
Construction Works have been completed, so as to prevent any damage being caused
thereto while the Construction Works are being carried out; and
WHEREAS, County intends to award the contract for construction of the Rattlesnake
Hammock Road 4-laning Improvements (hereinafter "Project") before June 30, 2005 and to
issue a Notice to Proceed shortly thereafter; and
WHEREAS, the Parties recognize the mutual benefits provided herein whereby costs
and delay are avoided by both parties through completion of the Construction Works by
Owner; Owner desires to convey the Property to County for the stated purposes, and to carry
out the Construction Works for County; and County has agreed to compensate Owner for
carrying out the Construction Works on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. 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 agrees to grant the Temporary Construction Easement (Exhibit "A"). This
Temporary Construction Easement shall commence upon its recording in the Public
Records of Collier County, Florida, and expire on December 31, 2008.
3. Owner agrees to grant the Temporary Driveway Restoration Easement (Exhibit "B") for
the purpose of filling, grading and placing concrete, asphalt or rock, on the Grantor's
lands for the purpose(s) of constructing, with materials of like kind. a driveway/turnout
and/or to provide for continuous transition between the existing drivèway and the newly
constructed road, sidewalk, and drainage improvements to Rattlesnake Hammock
..""""""'-,.,...-.,<1"""..,."'......"",,....""'.,,"".,...;.. "",~";",¡",",,
Page 2
Agenda Item No. 1 83
March 8, 05
Page 5 38
Road. This Temporary Driveway Restoration Easement shall commence on May 1,
2005 and shall expire on December 31, 2007. Said construction shall be at County's
expense and in accordance with County's standards.
4. Owner agrees to grant the Perpetual, Non-Exclusive Drainage Easement (Exhibit "C")
for the purpose of entering upon and installing and maintaining drainage structures and
facilities in this area.
5. Owner shall convey the Property to County via Easements and at no cost to County,
unless otherwise stated herein. Said conveyance (Owner's delivery to County of
properly executed easement instruments) is hereinafter referred to as the "Closing."
Closing shall occur within forty-five (45) 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. Owner hereby consents to
County applying to the South Florida Water Management District for a modification of
Owner's SFWMD Permit, should such permit modification be required for the vacation
or termination of that certain Conservation Easement dated October 20, 2004, and
recorded on October 20,2004, in Official Records Book 3664. Page 1214, of the Public
Records of Collier County, Florida, and Owner will cooperate with the County in
modifying the permit conditions to reflect termination of that portion of the Conservation
Easement which encumbers the Property. County agrees to pay the application fee
for said modification. The Closing date shall in no way affect the construction
obligations, including completion deadlines. of Owner.
6. 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
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.
7. Owner agrees to obtain a Collier County Right-of-Way permit prior to commencement
of the Construction Works, and to comply with all conditions thereof. The Construction
Works shall be completed within 180 days of issuance of the Right-of-way permit and
shall comprise the installation of drainage structures S-13B and S-13C, and connecting
pipe, approximately located at Station No. 191+80, and the installation of 48" drainage
pipe and structures, commencing at Station No. 196+50 and continuing to Station No.
199+80, inclusive of drainage structures S-15 and S-15A, as more fully depicted in the
Contract Plans attached hereto as Exhibit "0" and made a part of this Agreement.
Owner agrees to perform the Construction Works in accordance with the Contract
Plans and within the foregoing construction limits, with the exception that temporary
ditches will be constructed by Owner at both ends of the 48" pipeline (Sta. 196+50 to
Sta.199+80) to connect with the existing ditch and accommodate drainage from the
roadway facility. Specifications noted for a temporary ditch at the eastern terminus of
the pipeline (Sta. 199+80) (see page 5 of Exhibit D) should be duplicated to the extent
possible when constructing a temporary ditch on the western terminus (Sta. 196+50). It
is expressly understood by the parties hereto that the Construction Works do not
include the construction or placement of any improvements outside the proposed right-
of way as shown on Contract Plans, such as excavation, grading or embankment work
associated with the berm on the Mandalay frontage and outside the right-of-way limits.
8. County agrees to pay Owner for completion of the Construction Works in accordance
the costs set forth in the Unit Price List attached hereto as Exhibit "E" and made a part
of this Agreement, provided that under no circumstances shall the total cost exceed
$150,000.00 (One Hundred Fifty Thousand Dollars). In the event Owner defaults in
completing the Construction Works in accordance herewith, and County elects to
complete the work under Paragraph 12, Owner will be paid for all work it has
completed, after submittal of certification of the work by a professional engineer,
release and affidavit of final payment of all subcontractors, material-men and suppliers
from Owner's contractor, and verification by the County. Such payment will be made
within thirty (30) days of County's verification.
Page 3
Agenda Item No.1 83
March 8, 05
Page 6 38
9. Owner will promptly notify the County when the Construction Works are complete and
ready for inspection, and will provide the County with an invoice for the completed
work, certification by a civil engineer of the nature and specifications of the work, the
types and quantities of materials used, as-built drawings of the Construction Works,
and a release and affidavit of final payment of all subcontractors, material-men, and
suppliers from its contractor. County will thereafter inspect all work and if County
determines that the Construction Works have been completed in accordance with the
Contract Plans and industry standards, shall accept the Construction Works. If, after
review and calculation by County's project engineer, the as-built plans evidence that
the quantities and materials as certified by Owner's engineers are correct, County will
make payment in full to Owner within 30 days of Owner complying with the terms of
this Paragraph.
10. Owner agrees to warrant, for a period of one year after acceptance of the Copstruction
Works by the County, all work performed by Owner, or its agents, contractors,
subcontractors, or the like, and incorporated into the road facility to be of good quality,
free from all defects and installed, placed or constructed in conformance with the
construction plans and industry and manufacturer's standards and instructions.
11. Owner agrees to protect, indemnify and hold County, its agents, employees,
contractors, and the like, harmless from and against all losses, damages, claims,
actions, liens, liabilities, professional fees, and all costs of litigation and judgments,
including attorney fees, arising out of or relating to completion of the Construction
Works contemplated under this Agreement. This provision shall not be construed, nor
is it intended, to extend the warranty contained in Paragraph 10 above.
12. If Owner defaults under this Agreement and fails to complete the Construction Works
within 180 days, County reserves the right, but not the obligation, to complete the
Construction Works. If the County exercises this right, County agrees to use all
reasonable care so as to avoid any impact to Owner's property. In this event, Owner
shall have no claim against County for any damage to Owner's property immediately
adjacent to the Construction Works, or any improvements existing thereon, such as
wall, landscaping, lighting and irrigation, which may be caused by the negligent acts of
the County, or its contractor, during completion of the Construction Works.
13. Owner is aware and understands that this Agreement is subject to the acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
14. Owner represents, based on Owner's actual knowledge, that the Property and all uses
of the Property have been and presently are in compliance with all Federal, State and
Local environmental laws; that no hazardous substances have been generated, stored,
treated or transferred on the Property 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 to be conveyed to the County,
that the Owner has not received notice and othelWise has no actual knowledge of a)
any spill on the Property, b) any existing or threatened environmental lien against the
Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
15. Owner shall indemnify, defend, save and hold harmless County against and from, and
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
Paragraph 14. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
16. Excepting that Owner agrees not to construct its wall, or install irrigation equipment and
landscaping materials in or adjacent to the Construction Works area until completion of
the Construction Works, the operation of the easements described herein shall in no
way be construed as restricting, or constitute a waiver of, Owner's ability to proceed
Agenda Item No. 1683
Page 4 March 8, 2005
Page 7 of: 38
!
with its project as depicted on plans approved by County prior to the effective date of
this Agreement. This provision shalt survive closing on the Property.
17. County shall þay all fees to record any curative instruments required to clear title, all
Easement recording fees, and any and all costs and/or non-refundable processing fees
associated with securing and recording a Release or Subordination of any mortgage,
lien or other encumbrance recorded against the property underlying the Easements.
18. 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.
19. 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.
20. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
DATED:
,Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Fred W. Coyle, Chairman
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER:
VILLAS AT MANDALAY DEVELOPMENT.
LLC, a Florida limited liability company
B~~ß-
Dennis P. Frechette, Operating Member
I{a(ù
Approved as to form and
legal sufficiency
j'~V~~
Ellen T. Chadwell
Assistant County Attorney
.~
Agenda Item NO.1 83
March 8, 05
ge 8 38
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 70~
PROPERTY OWNER; BOBBY C AND THELMA
IICl EAN
REFERENCE:: 0 R 1]~O pas 17111-\716
STRAP. NO.: 5026160180005816
AREA OF TAK£:: 518 SF
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LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
THIS LEGAL DESCRIPTlON AND SKETCH PREPARED BY;' DESCRIPTION: PARCEL 704
CLIENT: DOLLIE DOUNTY TRANSPORTAì1ON
liil·~NOU
11111it:;A:E~.
Prot...lonAl .DlineOrl, plaBl1U', " l.nd .u.r....yon
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7/27/0'"
11/4/04
'B672
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Agenda Item No. 683
March 8, 005
Page 9 f 38
SECT/ON 16. TOWNSHIP 50 SOUTH. RANGE 26 EAST
COLLIER COUN TY. FLORIDA
LEGAL DESCRIPTION OF PARCEL 704
ALL THAT PART OF THE. SOUTH 1/2 OF THI;: SOUntWEST 1/4 OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA L'I1NG
NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF
WA Y) AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS; .
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16;
THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH lINIi: OF SAID SECTION 16
AND ALONG THE CENTERLINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) A
DISTANCE OF 659.27 FEET; .
THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID CENTERLINE
NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHWEST
CORNER OF THE BOBBY C. AND THELMA McLEAN PROPERTY AS RECORDED IN
OFFICIAL RECORDS BOOK 1340, PAGES 1715 AND 1716PUBLlC RECORDS OF
COLliER COUNTY. FLORIDA; .
THENCE NORTH 0'03'46" WEST ALONG THE WESTERLY LINE OF THE
AFORESAID MCLEAN PROPERTY A DISTANCE OF 17.50 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE SOUTH 89'13'46" EAST ALONG A LINE 17.50 FEET NOR111ERLY OF .
AND PARALLEL WITH THE SOU111ERL Y LINE OF THE AFORESAID MCLEAN
PROPERTY AND 111E NORTHERLY LINE OF SAID RATTI..ESNAKE HAMMOCK ROAD
A DISTANCE OF 231.80 FEET;
THENCE NORTH 0'03'46" WEST A DISTANCÉ OF 5.00 FEET;
THENCE NORTH 89'13'46-, WEST ALONG A LINE 22.50 FEET NORTHERLY OF
AND PARALLEL WITH THE AFORESAID NORTHERLY RIGHT OF WAY LINE A
DISTANCE OF 231.80 FEET TO n~E WESTERLY LINE OF THE AFORESAID
MCLEAN PROPERTY,
THENCE SOUTH 0'03'46" EAST ALONG THE WESTERLY LINE OF SAID MCLEAN
PROPERTY A DISTANCE OF 5.00 fEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED;
CONTAINING 1159 SQUARE FEET OF LAND MORE OR LESS;
EXHIBIT A
Page' 1 of b
TEMPORARY
CONSTRUCTION EASEMENT
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OF 2
THIS LEGAL DESCRIPTIDN AND SKETCH PREPARED BY:
NEY. P.S.M. NO. 5606
DATE: ,IAN 6. 2004
PROJECT NO.:---dJlA
FILE NO: 8672
~
Agenda Item No. 683
March 8, 005
Page 1 f 38
SECTION 16, TOWNSHIP 50 SOU TH, RANGE 26 EAST
COLLIER COUNTY. FLORIDA
PARCEL NO. 700 A
PROPERTY OWNER; 8C1BB'f C AlII) t\iEL.IIÞ.
t.lCLEIIN
REFERENCE: Q R. 1340. pas. 1715 1716
STRAP NO.; 00281801800011818
AREA OF TAKE'; 0080 ",CIIE5
BOBBY C. AND 7H£IJ.iA UCUAN
D.H. BOOI< JJ4. PAGES J2 THRU 1.J3
smA!' , 502515021.01105811
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LEGAL DESCRJPTION AND SKETCH SHEET 1 OF 2
DESCRIP1l0N; PARCEL 705-A
CUENT; COlliER COUNTY TRANSP TATlON DIVISION
HACKNEY, P.S.IJ. NO. 5606
DATE: JAN..ð 2004-
DRAWN BY:----.!Ati PROJECT NO.:~
ACAO NO: 8672 5022 FilE NO; 8672 ~
Ag~nda Item No. 683
March 8, 005
Page 11 f 38
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORiDA
LEGAL DESCRIPìlON OF PARCEL 705-A
ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16.
TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA LYING NORTIiERL Y
OF RATlLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF. WAY) AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS; .
COMMENCING AT THE soumWEST CORNER OF SAID SECTION 16;
THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16
AND ALONG THE CEt-HERLlNE .oF RATTLESNAKE HAMMOCK RQAD (C.R. 864) A
DISTANCE OF 891.07 FEET; .
THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID CENTERLINE NORTH
0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF lliE
BOBBY C. AND THELMA MCLEAN PROPERTY AS RECORDED iN OFFICIAL RECORDS
BOOK 1340, PAGES 1715 AND 1716 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
THENCE NORTH 0'03'46" WEST ALONG THE WEST LINE OF THE AFORESAID
MCLEAN PARCEL A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE.
PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING NORTH 0'03'46" WEST ALONG SAID WESTERLY LINE A
DISTANCE OF 7.50 FEET;
THENCE LEAVING' SAID LINE SOUTH 89·13'46" EAST ALONG A LINE 25.00 FEET
NORTHERLY OF AND PARALLEL WITH THE AFOREMENTIONED NORTHERLY RIGHT OF
WAY LINE A DISTANCE OF 493.62 FEET TO THE EASTERLY LINE OF THE AFORESAID
MCLEAN PROPERTY; .
THENCE SOUTH 0'02'46" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 7.50
FEET;
1}jENCE LEAVING SAID LINE NOR1}j 89'13'~6" WEST ALONG A LlNEn.50 FEET
NORTHERLY OF AND PARALLEL WITH SAm NÖRTHERLY RIGHT OF WAY UNE A
DISTANCE OF 493.62 FEET TO THE POINT .OF BEGINNING OF THE PARCEL HEREIN
DESCRI~ED;
CONTAINING 0.085 OF AN ACRE OF LAND MORE OR LESS;
EXHIBIT A
Page-Lof 6
TEMPORARY
CONSTRUCTION EASEMENT
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SHEET 2 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
IVlSION
G 0 E W. HACKN . P;5.1..I. NO. 5606
SCAL£: N. T S. OA TE: JAN 6 2QOi
DRAWN BY:->IA!i PROJECT NO.:--O.11A
ACAO NO: ~1!72 5D22 FILE NO: 8972
.;f
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Agenda Item No. 683
March 8, 005
Page 12 f 38
SECTION 16, TOWNSHIP 50 SOUTH, RANG£26 EAST
COLLIER COUNTY, FLORIDA
PA.RCEl NO. 707
PROPER TY OWNER: sassy C. ANa IHWAA
' Cl.fAN
REFERENCE: 0 R 334 pas 132-133
STRAP NO.: D0281802\ 000118\6
AREA OF TA.KE; 0026 ACRES
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LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
DESCRIPTION: PARCEl 707
CLIENT: COLUER COUNTY TRANSPO TATlON DIVISION
11/4/04
BY:
o GE W. HACK Y. P.S.M. NO. 5606
SCALE: I" - 80' DATE:' JAN 6. 2004
DRA'M' BY:--.JA!:i PROJECT NO.;~
ACAD NO: 8672-5023 FILE NO: 6672.::f
Agenda Item No. 683
March 8, 005
Page 13 f 38
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 fAST
COLLI~R COUNTY, FLORIDA
LEGAL DESCRIPT10N OF PARCEL 707 .
~.~
ALL THAT PART OF THE sou TH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16.
TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA L Y!NG NORTHERLY
OF RATlLESNAKE HAMMOCK ROAD (C.R. 664) (100' RIGHT OF WAY) AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16;
THENCE SOUTH 69'1.3'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16
AND ALONG THE CENtERLlNE OF RATTLESNAKE HAMMOCK ROAD (C.R. 664) A
DISTANCE OF 1364.69 FEET;
THENCE LEAVING SAID SOUTHERLY liNE AND LEAVING SAID CENTERLINE NORìH
0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE soumWEST CORNER OF THE
BOBBY C. AND THELMA MCLEAN PROPERTY AS RECORDED IN OFFICIAL RECORDS
BOOK 334, PAGES 132 AND 133 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
ìHENCE NORTH 0'02'46" WEST ALONG THE WESTERLY LINE OF SAID MCLEAN
PROPERTY A DISTANCE OF 17..50 FEET TO THE POINT OF BEGINNING OF THE PARC.EL
HEREIN BEING DESCRIBED; .
THENCE CONTINUE NORTH 0'02'46" WE5T ALONG SAID WESTERLY LINE A
DISTANCE OF 7.50 FEET; . .
THENCE LEAVING SAiD LINE SOUTH 89ï3'46" EAST ALONG A LINE 25.00 FEET
NORTHERLY OF AND PARALLEL WITH mE NORTHERLY RIGHT OF WAY LINE OF
RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 149.66 FEET; .
THENCE SOUTH 0'46'14" WEST A DISTANCE OF 7.50 FEET;
THENCE NORTH 89'13'46" WEST ALONG A LINE 17.50 FEET NORTHERLY OF AND
PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 149.55 FEET
TO THE POINT OF BEGINNING OF THE PARCELHEREJN DESCRIBED;
CONTAINING 0.026 ACRES OF LAND MORE OR LESS;
EXHIBIT A
Page , ofe
. TEMPORARY
CONSTRUCTION EASEMENT
LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2
mts LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 707
CLIENT: COlUER COUNTY TRANSPORTAtlON DIVISION
III Ii a '.!
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.S.M. NO. 5606
DATE: ,IAN a 2004
,.....,-...
8672
\I
Agenda Item No. 683
March 8, 005
Page 14 f 38
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUN TY, fLORIDA
PARCH NO. 705-B
PROPERTY OWNER: BOBBY C. AND 1HEL~Â--
lAC! fAN
REFERENCE; C.R 1340' PC/So \715-1716
STRAP NO.: ~6DIQ 00ll5B16
AREA OF TAKE: 2400 5.f
BOBBY C. AND THELMA MCLEAN
D.R. BOOK 334, PAGES '''2 THRU 133
STRAP I Q0281~2f.OOO5816
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R.O.W. = RIGHT-Of-WAY
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
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DESCRIPTION: PARCEL 705-B
CLIENT: COLUER COUNTY TRANSPORTATION OJVISION
1/15/04-
2/6/04-
7/27/04
11 04 04
BY;
E .W. H CKN . P.S.~. NO. 5606
SCALE; 1" = BO' DATE;SEPT 26. 2Q~
DRAWN BY;->Wi PROJECT NO.:~
ACAD NO: B672-S011 FilE NO: 8672
~
Agenda Item No. 683
March 8, 005
Page 15 f 38
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF T.D.R.E. PARCEL 705-B
ALL THAT PART OF THE SOUTH 1/2 OF SECTION 16. TOWNSHIP 50 SOUTH, RANGE 26
EAST. COLLIER COUNTY. FLORIDA, LYING NORTHERLY OF RAffiESNAKE HAMMOCK
ROAD (C.R. 664) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16;
THENCE SOUTH 69'13'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16 AND
THE SURVEY BASELINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF
1197.50 FEET;
THENCE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE NORTHERLY RIGHT
OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD;
THENCE CONTINUE NORTH 0'46'14" EAST A DISTANCE OF 25.00 FEET TO THE POINT
OF BEGINNING Of THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUE NORTH 0'46'14" EAST A DISTANCE OF 25.00 FEET;
THENCE SOUTH 69'13'46" EAST ALONG A LINE 50.00 FEET NORTHERLY OF AND
PARALlEL WITH SAID RIGHT OF WAY LINE A DISTANCE Of 96.00 FEET;
THENCE LEAVING SAID LINE SOUTH 0'46'14" WEST A DISTANCE OF 25.00 FEET;
THENCE NORTH 69'13'46" WEST ALONG A LINE 2.5.00 FEET NORTHERLY OF AND
PARALLEL TO SAID RIGHT OF WAY LINE A DISTANCE OF 96.00 FEET TO THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 2,400 SQUARE FEET OF LANO MORE OR LESS;
EXHIBIT B
Page 2.. of .1.
TEMPORARY DRIVEWAY
RE8TORA1lON EASEMENT
If~..:,_
Proteulon.¡ eDliD..n, planllen, " lau4 lurnyon
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LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2
DESCRIPTION; PARCEL 705-B
CLIENT: COWER COUNTY TR~NSPOR ~T10N DIVISION
: BY; ~ ~ CIJ,
1/15/04 GEORGE-W. H ~KNEY. P.S.M. NO. 5606
2/6/04 SCALE: N TS. DATE,SEPT 26 2003
7/27/04 DRAWN BY:---aJAIi PROJECT NO.:~
11/04/0'1 ""CAD NO:8672-SDII FILE NO: 8672
}f
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
Agenda Item No. 683
March 8, 005
Page 16 f 38
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 804
PROPERTY OWNER: BOBBY C. AND 1l1ELt,jA
IIClEAN
REFERENCE: D.R 340 pas 1715 1716
STRAP NO.: 002618011oo05B18
AREA OF TAKE: 819 Sf.
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R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
THIS LEGAL DESC~IPTlON AND SKETCH PREPARED BY; DESCRIPTION: PARCEL 80i
CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION
IIII~NOLJ
In IM:::.:B,_ .
Prcd...ióu.l ...1D..~, plaDDV.. A: azul lUl'ft7DfI
..... ø..", ....... .... ,-611 ~ fnII, ...... ...... 11. 16'11 ¡NII!~-.Ul
... =~ ~~;.= ~:::' _. ~ ~ J1. ~ ::fJii.==
BY:
EY. P.S.M. NO. 5606
SCALE: I· - 80' DATE; NOV. 4. 2004
DRAWN BY:~ PROJECT NO.:.-lLlt.5.
AcAD NO: 8672-5028 FILE NO: 8572
~
Agenda Item No. 6B3
March 8, 005
Pa e 17 f 38
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIP1l0N OF PARCEL 804-
ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4- OF SECTION 16,
TOWNSHIP 50 SOUTH. RANGE 26 EAST COLUER COUNTY FLORIOA LYING
NORTHERL Y OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF
WAY) AND BEING MORE PARllCULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT TIlE SOUTHWEST CORNER OF SAID SECTION 16;
THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH LINE Of SAID SECTION 16
AND ALONG "I11E CENTERLINE OF RATTLESNAKE HAMMOCK ROAD (C,R. '864) A
DISTANCE OF 659.27 FEET;
THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID CENTERLINE
NORTH 0'46'14" EAST ADlSTANCE Of 50.00 FEET TO THE SOUTHWEST
CORNER OF THE BOBBY C. AND THELMA MCLEAN PROPERTY AS RECORDED IN
OFFICIAL RECORDS BOOK 1340. PAGES 1715 AND 1716 PUBLIC RECORDS OF
cOUtER COUNTY, FLORIDA; .
THENCE NORTH 0'03'46" WEST ALONG THE WESTERLY LINE OF THE
AFORESAID MCLEAN PROPERTY A DISTANCE OF 17.50 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE SOUTH 89'13'46" EAST ALONG A LINE 17.50 ÆETNORTHERLY OF
AND PARALLEL WI TH THE SOU THERL Y LINE OF THE AFORESAID MCLEAN
PROPERTY AND THE NORTHERLY LINE OF SAID RATTLESNAKE HAMMOCK ROAD
A DISTANCE OF 31.62 f.EET;
THENCE NORTH 0'03'4-6" WEST A DISTANCE OF 19.58 FEET;
THENCE NORTH 89'13'46" WEST ALONG A UNE 37.08 FEET NORTHERLY OF
AND PARALLEL WITH THE AFORESAID NORTHERLY RIGHT OF WAY LINE A
DISTANCE OF 31.62 FEET TO THE WESTERLY UN!:: OF THE AFORESAID MCLEAN
PROPERTY;
THENCE soum 0'03'46" EAST ALONG THE WESTERLY LINE OF SAID MCLEAN
PROPERTY A DISTANCE OF 19.58 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED;
CONTAINING 619 SQUARE FEET OF LAND MORE OR LESS;
EXHIBIT C
Page 2. of 7
LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2
itUS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 80~
CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION'
Iti::.:._
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o.MW h...... ..... 1,11. '.H r~ .... ar... ..... 11. ..un ¡'''I!~-UU
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BY:
-
C NEY, . .~. No. 5606
SCALE: N T S OA TE: NOV. 4 2004
DRAWN BY:-->iAIi PROJECT NO.:~
ACAD NO:Q~72 5020 FILe; NO: B672
J
Agenda Item No. 683
March 8, 005
Page 18 f 38
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORJDA
PARCEL NO. 107
PROPERTY OWNER; BOBj Y C ANI) TIiEIMA _ Sëë SHërr 2 OF' J
1otC'.1£AN MA TCHUNE EXHIBIT C
REFERENCE: DR J34. P~S IJ2-1 JJ
STRAP NO.; 502818021000911 Page 3 of. 7
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BY:
1/15/04
7/27/04
11/12/04
Y. P.5.M. NO. 5606
1" & 80' DA IT: OCT 8 2003
DRAWN BY:----.JA!i PROJECT NO.:~
ACAD NO; 8672-5012 FILE NO: 8672
~
Agenda Item No. 683
arch 8, 005
age 19 f 38
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUN TY, FLORIDA
PARCEL NO. 807
PROPERTY OWNER: ~
UN EAN
REFERENCE: OR 334 POS 132-133
STRAP NO.: 50281~D21 DDD5B1ð I I
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CUENT: COLLIER COUNTY TRANSPORTA TIOH DI SION
P.O.C. = POINT OF COMMENCMENT
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BY:
W. HACKN Y. P. .M. NO. 5606
SCALE; 1" - BO' DATE: OCT 6 2003
DRAWN BY;--.JA/i PROJECT NO.;~
ACAD NO: Q672-SD12A FILE NO: 8672
~
----.--.-
Agenda Item No. 683
March 8, 005
age 20 f 38
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF DRAINAGE EASEMENT PARCEL B07
ALL THAT PART OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE' 26 EAST.
COLLIER COUNTY, FLORIDA LYING NORTHERLY OF RATTLESNAKE HAMMOCK
ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY
DESCRIBED AS FOlLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF sAID SECTION 16;
THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16
AND ALONG THE SURVEY BASELINE of RATTLESNAKE HAMMOCK ROAD (C.R.
B64 - 100' R.O.W.) A DISTANCE OF 15.3.3.99 FEET;
THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID BASELINE NORTH
0'46'14" EAST A DISTANCE OF 50.00 FEET TO TI1E NORTHERLY RIGHT OF WAY
LINE OF SAID RATTLESNAKE HAMMOCK ROAD;
THENCE CONTINUE NORTH 0'46'14" EAST A DISTANCE OF 17.50 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUE NORTH 0'46'14" EAST A DISTANCE OF 20.00 FEET;
THENCE SOUTH 89'1.3'46" EAST ALONG A LINE 37.50 FEET NORTI1ERLY OF .AND
PARALLEL WlTI1 SAID RIGHT OF WAY LINE A DISTANCE OF 836.47 FEET TO THE
EAST LINE OF THE BOBBY C. AND TI1ELMA MCLEAN PROPERTY AS. RECORDED
IN OFFICIAL RECORDS BOOK 334, PAGES 132 AND 133 PUBLIC RECORDS OF
COLLIER COUNTY FLORIDA;
THENCE SOUTH 0'06'40" EAST ALONG SAID EAST LINE A DISTANCE OF 20.00
FEET;
THENCE LEAVING SAID EASTERLY LINE ALONG A LINE 17.50 FEET NORmERL Y
OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 836.78
FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
CONTAINING 0.3B4 OF AN ACRE OF LAND MORE OR LESS;
EXHIBIT C
Page S of 7
PERPETUAL, NON-EXCLUSIVE
DRAINAGE EASEMENT
LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 607
CLlENT~ COlLIER COUNTY TR
1111t).qNOU
illll~~A:E~.
ProI..lløaal u,1uøn, plannu... " I.ad. ,u.rwJOn
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BY:
.M. NO. 5606
SCALE: DA 'fE: OCT ð 2003
DRAWN BY:---->IA!t PROJECT NO.:~
ACAD NO:B672-SDI2A filE NO: B672
~
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Agenda Item No. 683
March 8, 005
Page 21 f 38
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. SOB
PROPERTY OWNER: TREVA KAY MCLEAN
REFERENCE: 0 R 2513 PO 2&42
STRAP NO.: 502616022.000916
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SCALE: 1.... 80' DATE: OCT. 6. 20Q3
ORAWN~Y: -----"AI:i" PROJECT NO.:--!IJ1Ji
ACAD NO:·8I!n.,..S01~ FILE NO: 8672
BY:
~
Agenda Item No. 83
March 8, 005
Page 22 f 38
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
EXHIBIT c:.
PageLof 7
LEGAL DESCRIPTION OF PARCEL 809
ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH.
RANGE 26 EAST, COLUER COUNTY, FLORIDA LYING NORTHERLY OF RATTLESNAKE
HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 16:
lliENCE NORTH 0'16'19" WEST ALONG THE EASTERLY UNE Of SAID soumWEST
1/4 A DISTANCE OF 50.01 FEET TO THE NORmERLY RIGHT OF WAY LINE OF SAID
RATTLESNAKE HAMMOCK ROAD:
THENCE CONTINUE NORTH 0'16'19" WEST ALONG SAID EASTERLY LINE A
DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
BEING DESCRIBED;
THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 0'16'19" WEST A .
DISTANCE OF 20.00 FEET:
THENCE LEAVING SAID EASTERLY LINE NORTH 69'13'46" WEST ALONG A UNE
37,50 FEET NORmERLY OF AND PARALLEL Wlm SAID RIGHT OF WAY LINE A
DISTANCE OF 274.32 FEET TO mE WESTERLY LINE OF mE TREVA KAY MCLEAN
PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 2513 PAGE 2542 PUBLIC
RECORDS OF COLLIER COUNTY FLORIDA;
THENCE LEAVING SAID LINE ALONG SAID WESTERLY LINE SOUTH 0'06'40" EAST A
DISTANCE OF 20.00 FEET;
THENCE LEAVING SAIO WESTERLY LINE SOUTH 89'13'46- EAST ALONG A LINE
17.50 FEET NORTHERLY OF AND PARALLEL TO SAID RIGHT OF WAY A DISTANCE OF
274.37 FEET TO THE POINT OF BEGINNING OF lliE PARCEL HEREIN DESCRIBED;
CONTAINING 5.487 SQUARE FEET OF LAND MORE OR LESS;
PERPiTUAl. NON-EXCLUSIVE
DRAINAGe EASEMENT
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
illli¡:olJ
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:un RBBR Ac
!Un UNDAGE..
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o.au CI.", ..... lto. ftfl ,......... !rail, ...-. ~ 110 "IDI 1"'IIIf-I.lU
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c.u..w J ..~u_ ._ III 1116 _I. n .... r.... tU ......._
LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2
DESCRIPTION: PARCEL 809 .' .,
.¡
CLIENT: COLLIER COUNTY TRANSPORTATI
. P.S."'. NO, 5606
DA TE: OCT 6 2003
PRÒJECT NO.:~
FILE NO: 8612 ;f
BY:
QEORG
SCALe! . N)T.S:.
DRAWN'¡i y:~'¡
ACAO NO,S672· 'SDt3
.¡"','"-'"""'-,-""-_...;¡,..;""-"...._,"",""~.".,,"'''
THIS CONTR.a-CT PLAN SET INCLUDES
INDEX Of ROADWAY PLANS
~ DESCIUPTI~
\ ca~R
1 GENBJl.AL NOTES· HDf.!! sn:cs.
].s ROADWAYPL.AN.PROFlLE.S
6.7 DRAlNAOE S11lVCT\JP..ES
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SIK BY RCPRaOUCTiON. /¡.jA r ..UST Bf
CONS/tlf:RCQ 'ofH(N oeTAIMNC SC,l,LCD OATil.
GO'ÆRHiNG SPEClFJC.A-TIOHS SIATf or FLORIDA,
DéPARTItI£HT DI' tRA/IISPORT'" nON. STANDARD
SPf'CJ11CAIXJNS, D,I,rED 2002
ANP SlJPPLCUfflTS TI-I[~FTo IF NOrm iN Tiff
sprClAL PflOWSJONS rOIl rn/$ PROJ(CT
BEGIN CONSTRUCTION
185+21.43
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PLANS OF PROPOSED
RATTLESNAKE HAMMOCK ROAD
(C.R. 864)
FOUR LANE IMPROVEMENTS
PIPE INSTALLATION ALONG
MANDALAY DEVELOPMENT
COLLIER COUNTY PROJECT No. 60169
Agenda Item No. 1683
March 8. 2005
Page 23 of 38
t
LENGTH OF PROJECT
JlOA[)W,I,V
Ntl U;> ~T>1 Of AItO, (Cl
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285+66.80
PONS PRCPAR£D BY.
IDW.um y, TltYkA, III, P.E. Ha, 80284
CONSULTANT PttÐlBC1' IUI>1-'GER
ACHOU, sunil ok 8ItUNDAGI. INC,
UNDACE.1IIe.
PrGl_~ _n¡t."..ra. plaAn.", 01< land. .urnYOrll
CaW. c...", _ _. 7400 1'--' TMU. II~ _1000. 110 '141M
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Agenda Item No. 16B3
Maretl 8. 2005
Page 24 of 38
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March 8, 2005
Page 26 of 38
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Page 27 of 38
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March 8. 2005
Page 28 of 38
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Marcil 8. 2005
Page 29 of 38
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Page 30 of 38
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<:wØ CQIM'N WUft$P(JI1'A1IOIt --.,
~'1R.WtSIPCRTA1IOIt ~.
~:--=~ ~Æi~~7 _==
A ' ,
f EmbatWrl t
A
191+50 0 I
179
0 10 295
0 9 139
191+00
0 28 229
190+50
o
2'
108
o
70
129
-
l/.A..TTUiSNAJŒHAMMOCKRaAD ~ ß
CROSS SEC710NS or 5
STA.nON JfJ()+JIJ TO 19/+50
- =::. ',::'"' -
:-= ::::: "":.:.:,.
Agenda Item No. 1683
March 8, 2005
Page 31 of 38
5ub$øI1 Exc. R. M' EX(;. £mb(J(lkmen
A .
~
AOOt'natAL EMElNOCWENT TO PROVIΠ30- WI4IMUY
COYER TO ~T HOPE FROW flO....tlNG
SUR 1l
- ;41
~~~~._~~_ ___~L"_.
. ~~~:~I:·n~--~1=t0~:L<:_" 1-3fi~;
. -. ..i.- -~:.'.++_.'.-.~ U'-£F_;"_·~R~.~j'_!.·~_.!."-~:_:E :_==:...
I_ _.___ ____~_.___"·._n___"____"_____.__
YAHOA,LA " 8tRW
192+50
0 o I 150
o I 0 324
0 0 189
193+00
.. ~-~ol:.-+
:. 'E,I:;~¡- ~;;..~,,;T, '"~c
o _"_______.~~~I~~~~:L~l~_=~j~.·~~~~~:=~~=~:_=~~.~~=:~_-
-100 -80 -60 -21)
.~
--
-w...;¡~rlE"...
......----..--.---.
0 0 354
0 I 0 193
192+00
0 I 1 345
,r~~g=_
~.
" ~
co.JJER toUNTY 'QIANS>ORTA.'TIOH
CM~.~Tþ¡TIOI "
~==fJM ~~~ær_s
9
..
Agenda Item No. 1683
March 8. 2005
Page 32 of 38
Sob~øII &C. R for £xr;. j Embankment
. . .
~
AOOIlIOHAL EMB.a.NKWENT TO PRO\o'!DE Y:f' IMNlwt.I
COVER TO PRE'ÆNT HOPE f1I'OI.I f1.OA l1NÇ
: ~=;E~~;~~"~"'
-w
194+ 50
0 12 , 175
I
0 16 I J3/J
0 5 1.0
0 5 325
. .~rc,:-- 1
~---,-
r-
- .,.' -- - -_.~.
"ANO"'~ y 8£RIoI
-~&ji'-r----
__~ __..,....._ _d~::...~LL~__._______ 11i
. ;c~t~þ~~=.t, ,~:
-, 194+00
--~~'~\?~~-=-r-~-==- :::
T
.. .r'_-::RjyJ
Ä-.R/W.
_ .X.::Rl'!~__
.- --------- 'j
_~__----.:.....J.
XJ ~o so
193+50
o
o
160
------·l-"-~-· ""- --.-
-- ---_j~~P:u:;_-:';~-~~'~~- 'w'-
-"
- - -_._,.~-----
o
297
ccu.ø COtMTY n¡Md"( ATA.noH
~. M~ \.nQN
~O""<:ørsnIJC1'ION
........uiIDIOIT OEPMTWDfT
'",...._.''"..._'"~_...'''..~,,'''~;'"',.,'",.,;,
~
AODlT10N"-L EWBANIO'ENT TO PRO~OE: 30" ~1"'\JIoI
COVER 1"0 pt:¡£'IENT HOPE FROW FLO,fr,1'IHG
SUR ~ CQ~S1
""'''''f,-~:;.;-~~!=~:(~-''~~T=:::~r ,;= :::r::'-
: ~_J_~--~!raj#i~~Ë?'~:-~
-100 -10 -60 _.0
-....-----..,..-----..--
_;_.j. .n~_______
,--
::~;;~;¡;~~~!=~i~~~Tl
-----1-'- - -~ . -=-
- - -.- ----- - - -....--- -....--
11 ------ - - - -- ~-
I PlOP 2.- VIW
-, 0 '. -- ',-",,,,,,, .
I> PROP>¡ , ~~ § f.X;_ _ _.1:\ ~,' -~
4(1- RCP , _
-80 -60 --4C -20
wiÑo;¡;'-y-fJiiiii,
,
: ~~=::è=~¡1"i£il:~~'c~'
-00
Agenda Item No. 1663
March 8. 2005
Page 33 of 38
SUb$cR Re err !xc.. Embønkm.nt
A A A
0 4 124
196+00
0 I
13 i 214
0 9 107
195+50
0 25 252
195+00
I 0
18 132
o 28 315
COlJ.JER COUNty ~J"tlQN
ØC\IISION.11t....!I'ORTATIQII
~CI«PIIHa NI) CON$YIIIJC'OOH
""""""" œ.---.
"
. 15
Agencla Item No. 1683
March 8. 2005
Page 34 of 38
p- 'lURE "".::-IV*:
-----To.... .allll-=-- ]
1-- t J
- M"'NOI'lAY I
I---t- 1---
'··--1..
-- i!.~' -- _~~j~-~"--=.=~_=~_~=
. ..
SUR IìcJsr
=~m=¡- . .__~_n
~r~=-r-"-:=~±=~'"44-· . ---. --B~':
;~c">:oo::__+::=:~~~= '.::....::.~_.!:'_ .. i ,.< ,,:-;..,
.. ~_~_..__~__ -L-e~OP12.f_W =\ 5...JJ Joa:· ---'
~L_:....~ n_oo j~"!'':È; ìn_~ ___~' ~ ~~-oo oo:'"
:: .'N'·l,,~..n'-r="4/'
,
.""
'@-t';i;,;:':--
""<!QI
197+50 0 0 155
0 18 1302
-~-.~--~..~~---- 197+00 0 19
-----"-.-- c
0 19 354
I
196+50 0 , 212
0 5 312
. -I
~------~'---
----.---------.
.~
------.
.... COI.I.ÆJI COUNrr Pl./lfllSPClAfATIOJiI ~
DMSION. l'filNaPOItTAlIOII ~
~~~.:;:;:~~:....:"- ~
SlJbn/(l £xc. R kI,.
A A
Embankment
A
RA TïLESNAKli HAMMOCK ROAO ..n-r
CROSS 5eCfJONS
STAT7DN 196+50 TO /97+5D
HI r----' ._~J~7"
\2:- -- --;';-~hAt - -I I ¡
i--r'd --
. ~~-- - -~~- - ..-- I 1,- f-----C~j-8 -- '~,'~ '"
4 1- - ~- ¡ - 1 ~ _~\: ~Ü -
, , ,
D~=-____~-_ÆyëP--1-Î - ~-
··SO -110
,-
P-R x-R./W
12 L.,." .-~MÄIiAr ; - ~'-L ._-~ ~ -"~,;.:
: .-. -=-~~j~f-"'~¡~~~~-'".
_~ _~ -40 _w ~
,.."...,......,
..è,.,--C
:-'~f~
c:ou.u ~n .......Ti\'nCIf ~
OI\iItIKIW. 1'II."'~TA1ION ~
~:~1ION ~~~~~~::- ,
Agenda Item No_ 16B3
March 8.2005
Page 35 of 38
Rf Emkm~
, ,
."
199+00 0 0 225
0 0 1428
0 0 2371
198+50 I
0
-- ~ 0
0 448
198+00
o
245
o
I 0 0 : 373
I
"
---
SUR !f.f..J!T~
:: ¡~-:T~-~~'~1~-""r'T:F~~~ - r~::------~----- - ----- -----'---~ ::
· ;~Ícct~t:..9t~'-;r~1: "'~~:"cn~__~"¡;:' -..
X-R/w
]- ---.
--T-----------
___i______~-'------+------
,-
X-R.¡W
._~...
--~-~':""
::£:_f"....;..
f·_~
X-R./w
r>~ft X RLW
':·=;yl--J~,cl~~·.nnš~t~~:i£·t·· :
COUEJt COI./NTY "I'IUHSI'œT"TION ~
[I ~. TJtNl~'A"" ~..
~~o:.~ ~~~?",..
·"_,...."''''".,_'''''''''''';·;''. ''iilW..'''''''''I''_.''·..·,_,~·,;·,·
Agenda Item No. 1683
March 8. 2005
Page 36 of 38
IJlør m onkm t
A' A
200+50
o
J
212'
I
o
8 351
200+00
o
5
o
¡
J53
7
199+50
o
204
2
o
2
389
Agenda Item No. 16B3
March 8. 2005
Page 37 of 38
lð :---~'-~~ÌI:(ji'
,f-~LW ¡ _.
SUR Ii CJsT
.---: Ii' - ---
1.. . I
.,
-100
,...........
:: c·~~=11t..(ri··· ;·t·· ·f~~·o
r-~---- 'm -r! _.- -+
: :O~"=lf'f~~f~~Ét':
-80 -60 -40 -1()
... CXI..LD COLMT"I' mAM!IPORTA1IOJt ~
ÞMtK*. nuHSPOftrAJkIH ~
~OD~ ~~~7,",~J
-"-'-"---"-~-'-
" ~.~-_._,"
___~n_*,"
I SubllGR £ (Ç, I R~ &c.1 Embønlun.,,' I
A I ~ .... If A ¡ It'
202+00
I
I 0
o
401
o
15
15õ3
_____.J _4
''''
201+50
o
375
75
o
1532
75
201 +00
o
o
259
o
3
437
........ _v,
__ ...... 1tA1'1I..BSNAKEHAMNOCKROAD SIGT 1.5
=~ ',::'" - _.. CROSSS1!CT1ONS fJT r.s
;:::: ::::.:: -:,.., STA710N:JOJ+OCT02D2+oo
DATE: JANUARY 2005
A enda Item No. 16B3
PLAN ACTUAL Marcn ö. ¿UU:J
QUANTITY QUANTITY UNIT ITEM NO. PAY ITEM DESCRIPTION PAGE NO. UNIT PRICE p~~~ at 38
1 LS 10,.,·1 PROVIDE/MAINTAIN AS·BUIL T PLANS $1.200.00
1 LS 10 "'·2 PROVIDE CONST SURVEY LAYOUT $1,300.00
350 CY 120·1 REGULAR EXCAVATION $6.35
240 CY 120·6 EMBANKMENT $13.50
1,100 LF 104·13-1 STAKED SIL T FENCE !TYPE 1111 $2.50
2 EA 425·1·521 INLETS IDT BOT TYPE C)/<10') $1.800.00
1 EA 425·2·61 MANHOLES P-8)1<10') $2,200.00
2 EA 425-2-91 MANHOLES (J·8)«10'l $3,600.00
2 EA 425-2·92 MANHOLES (J-8)(> 10') $4.000.00
13 LF 430-171-125 PIPE CULVERT OPTIONAL MATERIAL (STORM SEWER)IROUND SHAPEII18" $44.31
21 LF 430-171-129 PIPE CULVERT OPTIONAL MATERIAL (STORM SEWER\{ROUND SHAPE)(24") $74.67
829 LF 430·171·141 RCP PIPE CULVERT ISTORM SEWER)(ROUND SHAPE)(48') $130.28
829 LF 430·860 STORM SEWER TRENCH ROCK EXCAVATION $50.00
19 TN 530-3-4 Rlp·RAP (RUBBLE)(DITCH LINING) $263.16
1,500 SY 575-1·1 SODDING (BAHIA)(INCLUDES WATER) $3.60
PAGE TOTAL
TOTAL AMOUNT OF REGULAR WORK
EXHIBIT E TOTAL AMOUNT OF EXTRA WORK $29.056.31
-- ~ , TOTAL AMOUNT OF CONTRAC
. -.... .. -
Agenda Item No. 1684
March 8, 2005
Page 1 of 26
EXECUTIVE SUMMARY
Recommendation to approve Six (6) Adopt-A-Road Program Agreements together with
two (2) roadway recognition signs at a total cost of $150.00
OBJECTIVE: To approve for execution by the Board of County Commissioners, six (6)
Adopt-A-Road Agreements signed by the participating volunteer groups.
CONSIDERATIONS: That the volunteer groups so named be recognized as the sponsors of the
particular segments of roadway named in the Agreement, to perfonn litter removal in accordance
with instructions contained in the Agreement.
FISCAL IMPACT: The County is responsible for acquiring and erecting recognition signage at
either end of the roadway segment. The cost of each sign is $75.00. Staff expects to install two
(2) new signs at a total cost of $150.00. Remaining signage will come ftom existing inventory.
Program expenses are budgeted in the Transportation Services Fund 101.
RECOMMENDATION: That the Board of County Commissioners recognize the following
volunteer groups; Freedom Tax Service SW Florida, Landmark Naples Home Owners
Association, T.J. TurfFann, Gulfstream Homes, Collier Cleaning Company and the Marine
.- . Corps League of Naples as sponsors of the listed roadways and further that the Chairman be
authorized to execute each agreement on behalf of Collier County.
Prepared by: Margaret A. Ramos, Administrative Secretary, Road & Bridge Maintenance
Department
-
..-,..,"-
Item Number
ttem Summ.ry
Meeting DIM
Approved By
.Jp.HKlatl!kaw
CDP"I)' Altort'lllY
AgendA Item No, 1684
March 8, 2005
Page 2 of 26
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
\664
Rf!commendatjofj to Bpprovf Adopl-A-Rond Agl'ftement~ wilt') Freedom Tax: Servir~5 SW
Florid!, L.lI.ndmllrk Nap!"s Home ONners A.s.~oc:iltion, T.J. Turf Farm, Gulfstrellm Homes.
C.olli!,!' " Clelni"Q CfJlTlpanv and Mlrinc Corp!! L.ø8uue of Naples.
:\J&12005 9:00'00 AM
A...lø.tant County AttorntfY
Datu
Counly A.t1nr"~y Offj¡;.u
2n312006 3:53 PM
Tra"apnrbllQn Divl.iol'l Arlmlnìltrator
D...
Approved By
Norm E. Feder, AICP
Tran"portion SilPrv!C"
Tran.portatlon Services Admin.
2/241200:57:08 AM
Rookmjn Nlluth
Acc;ounting Technlci."
D.te
Approved By
Tr,1nsþ<:1'rtIDn Servir,;ns
Tr.".portøtlol\ Ad",~nlrrtr.lian
212412005 8:241- AM
Approved By
John Vllat
rrar<.poftlcU! Sarvlc..
Rnada M..!"tnnancp. Su~~r!" r.nd."1
Olrtt!
f40ad Ma "te"..ru~e
2:124/2005 tO~12 AM
AccountIng SUþ_fJvllor
Date
Approved By
Sharon Nl!lwmul1
Tra".portlon Sftrviclla
Tran.portalion Admlnlatratlon
2/241200511:07 AM
Pat lehnh.¡¡rd
Executive Sltcnt.rV
Dattl
Approved By
Tr.Ulliportøtlon Se,vlce"
l'rall.pol'tutlotl SQrvic.. Ad,n!n
~(2"'2aos 11 :21 AM
Approved By
OMS COOrdl",afor
CDunty M.".ger'. Office
Adrnlnl*ltrut¡ve A.-Isblnt
Oute
Office of Management & Budget
2125/200511:.20 AM
M.rk lallckJ/orl
Budget AnalYllt
Oate
Approved By
Count}' MftnaOfl'" OUlr;r.
Offu;n of MnnaQlllmltllt & ß~d()ct
212B/~005 3:.14 AM
Approved By
Mit:h".1 5mykow.~ i
Count)' Manager'. Ol'fice
Man_oemlt"' & BUdnttt Dlrer.tor
Datn
Office of Millnagemltnt & Budgøt
2J28/2C05 1U:28 AM
Deputy c.ounty Manager
Date
Approved By
Leo E. Och.., Jr.
Boltrd of county
Cømnli1Ullofll!tS
County Managet's Offic~
ZJ28-f20U6 3:1; PM
-
______.o-.---."~
·.-....
. Agenda Item No. 1684
March 8,2005
Page 3 of 26
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this& day
o~~ ' , 2~ DY and between Collier County (hereinafter the "COUNTY), and the
volunteer gro(J;, Freedom Tax Service SW Florida (hereinafter the "GROUP"), whose
address is 12425 Collier Blvd. Suite 106, Naples, Florida 34116
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to pennit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier Comrty; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Golden Gate Blvd from alia Street NE to Everglades Blvd. (the "Adopted
Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following
terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perlonn litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
TransportatióriDesign Roadway and Standard Index '601 and 602 (610 for interstate), all of
.which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
"'"
Agenda Item No. 1684..
March 8, 2005
. Page 4 of 26
.-
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier C01mty Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensme that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the COWlty'S project coordinator at least one week prior to
a pickup.
16: -PracëfiIrëa ttühõagsïlt tlfè me fot pickup and disposal by the COUNTY:~'~
17. After each picJcup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and fIled with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's pennission,
be retained by the GROUP during the term of this Agreement.
....-
2
.,
Agenda Item No. 1684
March 8, 2005
Page 5 of 26
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter ftom the Adopted Roadways onJy under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area ftee of litter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
fOWld that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
"
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hòIdIiarmless Góllier County and its officers, agents and employees ftom'any cIai~lòss, .
damage, co.st, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person peñonning litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
COlUlty or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting ftom the sole negligence of Collier County, and its officers,
employees or agents.
, .
3
..
Agenda Item No. 1684
March 8, 2005
Page 6 of 26
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in .
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: 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 all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
ftniher force or effect. This Agreement is for litter removal activities only. No beautification
activities are âüthorized by iliis Agreement. ..
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E. BROCK, Clerk .
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Fred W. Coyle, Chairman
GROUP: Fre om Tax Service SW Florida
By:
.._._-,~-~,~- ".,.
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
-
4
Agenda Item No. 1684 -.
March 8, 2005
Page 7 of 26
,:"
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
"
Terms and Conditions
lHIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this 02 LJday
of ~20 ~bY and between Collier County (hereinafter the "COUNTY"), and the
vo~teer;~andmark Naples Home Ownen Association (hereinafter the "GROUP"),
whose address is 1709 Cape Hatteras Drive, Naples, Florida 34110
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to pennit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Old US Highway 41 from Tamiami Trail to Collier Ctr. Way (the "Adopted
Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following
tenns and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Deparbnent of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold hannless agreement provided by the COUNTY, and attend a
.,....
Agenda Item No. 1684
March 8, 2005
Page 8 of 26
.'
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier CoWlty Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in twmels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUJ,> coordinator will file a report detailing the
nUmber of people involved., number of bags-of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed fonns will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's pennission,
be retained by the GROUP during the term of this Agreement.
2
Agenda Item No. 1684
March 8, 2005
Page 9 of 26
;
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter ftom the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area :free of litter.
c. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, tenninable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNfY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees ftom any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of Ïlijury or damage to persons or property
directly caused or resulting :from the sole negligence of Collier County, and its officers,
employees or agents.
3
Agenda Item No. 1684
March 8, 2005
Page 10 of 26
.
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: 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 all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
Deputy Clerk
GROUP: Landmark Naples Home Ownen
Ånociation
c:2' },4~
By: ~./h /
Name(print): ..6 /1/ J..::- 0'; # JE'I
Title (print): (' e1 p ..(¿j,,; IJ-fr¡¿
Phone # (day): ;1.39 - ::t d; (, - j.J../ ¿ 3
Phone # (night): ,\.A ~ t!....
Approved as to fonn and legal sufficiency:
Jeffrey A. K.latzkow
Assistant County Attorney
.....
4
Agenda Item No. 1684
March 8, 2005·
. Page 11 of 26
:
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms aDd ConditioDs
THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this ~ day
-
of ~'t'-'\('1 ' 2~ by and between Collier County (hereinafter the "COlJNTY'»), and the
volunteer group, T. J. Turf Farm (hereinafter the "GROUP"), whose address is 265 Nunery
Lane Naples, Florida 34119.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-:ftee
roadi, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-:ftee Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Immokalee Road from Olde Cypress Blvd. to Ibis Cove (the "Adopted
Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following
terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
Agenda Item No. 1684
March 8, 2005
Page 12 of26
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pav..ement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
.- during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinato~ will file a report detailing the
number of people involved, number of bags of litter collected. composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds wm
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
-
2
Agenda Item No. 1684
March 8, 2005
Page 13 of 26
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, tenninable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the tenns and conditions of this Agreement, the COUNTY
may tenninate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the tennination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier COWlty and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person perfonning litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting ftom the sole negligence of Collier County, and its officers,
employees or agents.
3
!
Agenda Item No. 1684
March 8, 2005
Page 14 of 26
-.-
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: 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 all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
A TrEST:
DWIGHT E. BROCK, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Fred W. Coyle, Chairman
By:
Name(print): · .
Title (print):
Phone # (dayf:QA8REN FREEDMAN
Phone # (night): .
~ðq -.3cõ~ -6qc¡s~
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
--
4
Agenda Item No. 1684
March 8, 2005
Page 15 of 26
......-
COLLIER COUNTY ADOPT -A~ROAD PROGRAM AGREEMENT
Terms aDd ConditioDs
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this ~ day
of ~y , 2~ by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, Gulfstream Homes (hereinafter the "GROUP"), whose address is 14135
Collier Blvd Naples, Florida 34119.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to pennit the GROUP to contribute.tow.ard. the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Collier Blvd nom Pine Ridge Road to Vanderbilt Beach Road (the "Adopted
Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following
terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perfonn litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Unifonn Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold hannless agreement provided by the COUNTY, and attend a
Agenda Item No. 1684
. March 8, 2005
Page 16 of 26
. . safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier Cmmty Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12' Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detail~ the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies ftnnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
..or-
2
Agenda Item No. 1684
March 8, 2005
Page 17 of 26
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreemen~ terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreemen~ the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold hannless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any ac~ action, neglect or pmission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreemen~ whether direct or indirec~ and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
3
Agenda Item No. 1684
March 8; 2005
Page 18 of 26
'. E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: 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 all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
<w "__.._ __ .__ ~ _... ...._.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATfEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Fred W. Coyle, Chairman
Deputy Clerk
Approved as to fonn and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
-
4
Agenda Item No. 1684
March 8, 2005
Page 19 of 26
.. .
/ COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
~nr:.: ~OLLIER COUNTY AOOPT-A-ROAD AGREEMENT entered into this /"1 day
-
of , 20~ by and between Collier County (hereinafter the "COUNTY''), and the
volunteer gro , Collier Cleaning Company (hereinafter the "GROUP"), whose address is 6
Dolphin Cirele, Naples, F10rida 34113
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
....,. --"'-~'--'-"-- --..-
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-fÌ'ee Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Capri Blvd. ftom to Janes Scenic Drive (end of pavement) (the "Adopted
Roádway"), acknowledges the hazardous nature of picking up litter, and agrees to the following
tenns and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perfonn litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Unifonn Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are detennined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold hannless agreement provided by the COUNTY, and attend a
Agenda Item No. 16B4
March 8: 2005
Page 20 of 26
;" safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place trilffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
-
2
Agenda Item No. 1684
March 8. 2005
Page 21 of 26
.
ï
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area ftee of litter.
C. TERM OF AGREEMENT: This is a month-to-mon~ at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold bannless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action. neglect or omission by·the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injwy or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
(
3
..,.....
Agenda Item No. 1684
March 8, 2005
Page 22 of 26
.
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: 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 all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
A TrEST:
DWIGHT E. BROCK, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Fred W. Coyle, Chairman
By:
Approved as to form and legal sufficiency:
Jeffiey A. Klatzkow
Assistant County Attorney
4
·
Agenda Item No. 1684
March 8, 2'ü05
Page 23 of 26
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
lHIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this 'L~ay
of Þe~ ' 2<»£ by and between Collier County (hereinafter the "COUN1')"'), and the
volunteer group, E. T. Brisson Detacbment Marine Corps League of Naples
(hereinafter the "GROUP''), whose address is 760 Pine Vale Drive, Naples, Florida 34104
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Bayshore Drive from US 41 to Thomasson Drive (the "Adopted Roadway"),
acknowledges the hazardous nature of picking up litter, and agrees to the following tenns and
conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Unifonn Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors .
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
-
-. - .-
Agenda Item No. 1684
March 8, 2005
Page 24 of 26
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's pennissioD,
be retained by the GROUP during the term of this Agreement.
,~
2
Agenda Item No. 1684
March 8, 2005
Page 25 of 26
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, Le., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, tenninable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may tenninate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold hannless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the perfonnance ofthe
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
3
Agenda Item No. 1684
March 8, 2005
. Page 26 of 26
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: 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 all prior understandings between the parties. either oral or written, with respect to the matters
set forth above. have been incorporated and merged into this Agreement. and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF. the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
By:
Deputy Clerk
Fred W. Coyle. Chainnan
GROUP: E.T. Brisson Detachment Marine Corps
League of Naples
By:{:ì~
e(print): rJ.þ#f (JI,w~~1J'I-
Title (print): (ð""'''',,",of''IVÎ
Phone # (day): ø...yt...1¡Jt,(ð
Phone # (night): ;''' t~ "<1$
Approved as to fonn and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
'...-
4
Agenda Item No. 1685
March 8, 2005
Page 1 of 1 6
EXECUTIVE SUMMARY
Recommendation to award Bid #05-3689 "Bayshore Beautifi{;ation MSTU Ground
Maintenance" to Ground Zero Landscaping Services, Inc. in the amount of 569,606.20.
OBJECfIVE: Award Bid #05-3689 "Bayshore Beautification MSTU Ground
Maintenance" for FY 2004-2005 to Ground Zero Landscaping Services, Inc.
CONSIDERATIONS:
1. On October 22, 2004 the Purchasing Deparbnent sent out ninety-five notices
for the Bayshore Beautification Roadway Grounds Maintenance.
2. On November 8,2004 a mandatory pre-bid meeting was held.
3. On December 2, 2004 (4) bids were opened. Staff'reviewed the unit pricing.
4.
On December 8, 2004 staff presented bid to the Bayshore Beautification
advisory committee. Staff advised the committee that the apparent lowest
qualified bidder was Ground Zero Landscaping Services, Inc. The advisory
committee reviewed the unit pricing and had some concerns about Ground
Zero's (the lowest bidder) pricing. Staff' advised the advisory committee to
review the bid tab and to make a decision by Febroary's meeting.
/.-~.
S. On February 22, 2005 the advisory committee held a special meeting to
review bid with the Purchasing Department. At this meeting the committee
voted 4-0 to recommend to the Board of County Commissioners to award bid
#05-3689 to Ground Zero Landscaping Services, Inc.
FISCAL IMP ACT: Funds are budgeted in FY 2004-2005 in the Bayshore
Beautification Fund in the base amount of 569,606.20 for annual servicing of the
roadway medians within the MSTU.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact.
RECOMMENDATION: That the Board award Bid #05-3689 to Ground Zero
Landscaping Services, Inc. for the Bayshore Beautification MSTU Roadway Grounds
Maint~e and authorize the Chairman to execute the standard contract after review by
the County Attorney's Office.
PREPARED BY: Liz De Leon, Operations Coordinator, Department of Alternative Transportation Modes
ATTACHMENTS: Bid #05-3689 document, Revised Bid Tab, and MSTU meeting minutes
~"
Agenda Item No, 1685
March B, 2005
Page 2 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
...... Numbtlr
Item Summ.ry
M.ltlng Date
1665
Recnmmendll1ion 10 8wørr.l8id f05·3Ei8D to Ground Zero La"dscaøina Services. Inc. for the
Bayshore Beautification MSTU Roadway GrolJnas Maintenance "od authorize the Chairman
to vxecute the stallttard CfJntrac. after' review by the County Aiton¡ey's Office.
31812005 9:DDOD AM
Prepared By D...
Liz De Le"~n Operation. Coordln.tof 2/2312005.:40:15 AM
Trilflllporratlon. 5nrvlcœIC AllerM1ille Tranapnrtatloll Ml;ldlllt
Approved By
D.nyI Rlcha:td PrøJecl Manag.r Dolo
Tr.antþOrtion Sorvh:ea Tr.an_port.tian Opitrr.1tlonl 2123/20051:55 PM
Approved By
Brend. BrUh.rt Purçhu.jng haem 0...
Admlnl.tratlve 51!'rvluH Purcha"lng 2123f2006 3:32 PM
Approved By
Steve Carnell Purchnlng/Gønlr,al SVCI Dlrpotor Dal:e
Admlnl.natlv. Slfrv.CillII Purehlltllflg ,2/23/2006 ":34 PM
Approved By
Diane 8. ¡:'I.IIg9 DI,ectof 01' Att:em~lvo Tran"portlltlon Dute
Mød/t. ATM O¡,,,çtar
Tran.portlon Serviçn Alternlltwe Tranlportatlon Modes 212312006 5:50 PM
Approved By
Norm E.. Feder, AICP Tr..nlp )rt~ion Oi..,IIlon Admlniatr.tor 0...
Tranlllpnrtlon Sltrv~cea: T,an..port.tII)J'I Sc¡rvlctUI Admin. %/74/2Q05 7:21 AM
Approved By
Sharon NlJINman AQcn\lntin" SupervllQl' D.te:
Tranlllport on 5ervlt.:eG rU'luportøtlon Adl'l'lhllatr./on 21241200511:25 AM
A.pproved B)'
Pat Llthnhlrd E)utcuttv.. Secretu,y Dø1e
Transportation 8"rvlc.c& TUII.portltlon Servlc.. Admin 2124/2D06 11:27 AM
Approved By
OMB Coørdln.1or AdmlnlatrAtivCfJ Asal..t'rtt DAte
County Man.get'S¡ Otf . t! Office ot Munlgel:lnent & BUdQtrl 2/261200511:22 AM
Approved By
Mich..i Smykuw*k1 Mliln*Ø,unellt & Qudgtrt 01,.&.1:.0' D...
County Manager's OffjÇfl Off~c' or Manag«ment & Budget 2128120059:1" AM
Approved By
Leo E. Ocl'lS, Jr. Deputy Ccul'1ty Manager Date
B"a;rd or County
Cam",luione,. Coun1y Manag~f'. Offlcø 2/28/2C108 11:36 AM
..,...-
..
Bid 1105-3689
""BI)'Ihote Buutifl_ Roadway GroIJnds MeInI8N1nce'
Due: Deœmber2, 2004
Prujec:t Manager. Bob ~
PostIng 011.: OcIober 22, 2004
Addendum Ø3
comma.....
Act4anced Lawn Cround Zero a....n He...n Lend
I. BASIC MAINTENANCE FUNcnONS
CoellO Peñonn Bætc Mal,,*- FuncllOns .slollcws wt1hIn Area #1:
-.a & ECII:Ilna
UnK Coat EA ,175.00 1110.00 5280.00 ,'50.00
otaI Cost/52 59,100.00 '9880.00 515080.00 ,7800.00
~
a. S
UnIt Cost lEAl S3C: .00 S35.oc 138.00 520.00
T....I CoeI (418 HAS 512.480.00 $14 5OO.OC 514 m,oo $8 320.00
b. f>oI>-uø__
Un~ CosllEA ,30.00 w; $36,00 ,20.00
oC8I Cost 12<J8 'B 240.00 t1).824, 57488.00 t4 160.00
Co Mal8rialo-Cos1 ølus
TotBI Coste% 30% 25% 50'" 50%
W_
UnK Coat EA '325.00 'SO.OO '133.fK _,00
ToC8I Cost 52 t1611OO.oo 152.800,00 56 918.00 523 400,00
Trlmllllna & t'IUI1IIKI
Unit Cost (EA' 1350.00 5118,D[ $2oo.oc 5300.00
ToIel Colt 152 518,200.00 sa 136.DC 510.400.00 515,600.00
Tl'lttlhR""""",,1
Unit [Dt lEAl .'w.oo $16.ÐO $125.00 .1 SO.OO
Total Cost 152 U,ZUU.UU $780.00 ,7800.00
S1rssI Clsanma
Unit Co.llEA 1100.00 t75.00 S2OO.oo ¡¡5.00
TolIl Cost [52 $5.2W.00 $3IlOO.0<1 $10,400.00 53.900,00
T..mc Con1rol
Unit COR lEA 525.00 $42.00 1150.00 $25.00
T oIaI Cost 52 $1 300.00 112.184.00 $2 600.00 $1.300.00
S~ nuaJ Costs : $74.820.00 $45,664.00 574360.00 $7,,-,,60.00
subtota A- 12 months MonthlY 0lil 18218.33 ",,822.00 $8 196.87 ....023.33
II. S[TE SPEC"'IC MAINTENANCE FUNcnONS AS FOUOWS:
A. rCKIILIZA..O.. ICoun wI[ ler fsrUIzsr
Tun, I>n>Un< ""ver, ShrubS. 1'.'"", .nd Ca .....
Un~ Cost EA 13.00 53.00 $4.00 54.00
T<JIaI Çoat 12<J111aCS1 11003.00 5603.00 5804.00 $804.00
P.rform 5eaU.-s Iron Drsndl ADDlcellon
Unit Coat EA 5200.00 5287.00 595.00 5500.00
ToIII[ Cool 14 5IlOO.00 51 148.00 5380 .00 $2 000.00
20-20020
Unit Coot lEA 5100.00 $150.00 59S.00 .125.00
ToIIIl Coat 6 5600.00 1900.00 668.00 .750.00
...--s" t2.wa.00 1.00 111 77 .00 ¡a.554.00
Agenda.M1Ifa~t1 1085
P'~~5
Page 3 of 16
I
q:
10110
,......
'Sid tIOS-3e88
"BtIythø Beaulllk:8llcn Roedw8y Groundo M.Inten.nce·
Due: Daœmbar 2.2004
Proj.ct lAa.-ger: Bob P.......
Polling Data: Oc:tiober 22, 2004
Adclandum tI3
--
"dvaooed Lawn Ground z..ro G_nHanln L.nd
II. IiITE SPEcIFIC MAINTENANCE FUNCTIONS AS FOLLOWS Con'!:
8., ORNAMENTAL SPRAYING
TM' Are.:
1naectIcId.. " Funolcldel AC 13-0-0""'" 8% Iron
1200.00 SSII.OO ~,OO ~800,00
ole 12.400,00 11178.00 š1 . 000,00
Herbk:lclal u18'" lIOn
Unit COlI EA ~:m: 1180.00 1473.00 1500.011
TOIIII (;08 IS 11200. 110M.tII1 12838,00 13,notI.M
Qroundccww SIvI.Iœ" T_I:
InHcllCldel " F_ AC 1 3-O-ODIua '''' lion
UnM GoII {EA] 1200.OC 1115.00 7,00 JliW>.OO
0lIl1 CØIt{121 12.40D.OC 11 380.00 I.M -0-000.00
HlHt>IdcIaI AC 13-0-0 DkJI S% IroI1
Unit COR lEAl II 1210.00 141 lliDO.OO
I~ .00 11 ,00 12,7411. 53.000.00
18 .00 $4 ,00 &18,102. 11' 000.00
. MULCHING 01' PLANTS IE OS
AooIIœtiOn 11.taY" NovJ
una Colli lEA] 10.80 10,80 &1.00 '£0.86
Tole! Cost 1'214 BIOI 13.728.40 14.971.20 18214.00 S5.281-:Dð
D. MISCElLANeOUS SITE FIXTURES ANO I'IU.TURE8
T"UnIIlnlOllCl
UnIt Cost 115.00 120.00 110,00 ~
0lIl S780.00 11 040./1/1 1520.00 Jl5 .
I!. CANOPY TREE AND PAlM PRUNlNO
Canorw' _I: ~AI!I'II.nd -ber~
DønoonHoIIy @B
Un. III EA CUT 11.00 S5.00 11.00
ToIel Coil 1411 141.00 1205.00 141.00
Oreen !k.CtonwOod
~CUT 15.00 12.00 15.0 15.00
T* 11125 1II2lI.00 S2S0,OO 11125.00 1tM1I.00
Glmbo Umbo
UtI. Coli EA CUl S5.00 ~ 15.00 "5.00
TOCII COli 14 &70.00 S1 . S70.oo STO.OO
Lobi0liY Bay
Unll CoIl lEA CU' 18.00 11,00 S6.0o 51.00
ToIal COli 1 T 181i.00 I' 7,IX IB6.DC 517,00
Mahooanv
Un. UT 15,01: 55.[ ( &5.DC 55.00
0lIl1 ::os! 153 5286,01: 52115.[ ( 5285,00 "285,00
Oaks
Unit Cost rEA CUT 15.DC $3,00 55,00 .
TolIIll,;OI 53111.0 1189.00 1315.00 S .
SU 1'.""1i.00 1778."" ·'1585.00 1'1 .00
-......,.-.
..,.....
Agenda/'fbIQIlltol1r.l œs
P.~(§5
Page 4 of 16
I'
20110
. Bid Ø-3689
"8IIyIhore Ileau!lIIaotion Ro.dwlly G~ M.w.n.....·
DIM: December 2, 2004
Project ~ r. Bob PDrwn
Po.Ung D.":~r 22. 2004
Addendum IfII3
Adva.-d Lnm Ground Zero G_nH_ Land
. r:ülopy TREE AND PAlM PRUNING COtn'
_1......1:
FOxt:aII~""'\
U1Jt Cost EA SO.OO -'1.00 50.00 $0.00
Total Coot 122' so.oo 122.00 I.'" so,OO
uþ"....ftSe/f Clønhvol
UnK Coot lEAl SÐ.OO -'1.00 0.00 $0.00
Total CoItl118 10.00 5118.00 0,00 ((rOO
-~VCe-""
It $16,00 518.00 510.00 515.00
Total Co.HI1 -'I 7&6.00 51 812.00 11 110.00 51 755.00
SoIt8n SeIfCle.nml
UIIII Co.1 SO.OO $1.00 10.00 $0.00
Totel COlt 52 $0.00 .00 50.00 $0.00
SUBTOTAL "E" $1151i.l1õ ~ .00 "'70.00 -'I 755.00
F.PRE88U ING AND BRICK "AVERS
P- CIe...I............ 40852.... ft.VAnr. & Nov. $O~
unt Coot lEA \ 12 000.00 51118.00 17tiO.00
ToteI Coet 2 -'4.000.00 $2.2:111.00 11.500.00
G. TRASH RECEPTACLES
SetvIoe 4\ -taclu
Un/! Coot MondiV' 515.00 538.00 520.00
Total Coot 52 $180.00 $208.00 $1 978.00 stOM .00
IServlcool4
UnK CoIIIWednetlc!ev' 515.00 14.00 538.00 520.00
Tota Coot 52 $180.00 -'208.00 11 918.00 11 040.00
erviolll4
Unit CosI F "5.00 14.00 $38.00 121'1.00
ToIel Cost 152 $780.00 . 1208.00 $1 918,00 51,040.00
SUBTOTAl. "G- 52 340,00 $1524.00 - 15:828.00 -'3,120.00
-,..,.
M. BANNIRSINI'TALATION AND REMOVAL
PujUiiliiIce down bennerlI31ime1 . -r
Unit Coli IBamer I1!48.0£ 15.00 $25.00
Tallll CoolIUnft Cast x 3 x 108 58 100.00
1. SUMMARY OF ANNUAL CMT8
=~ Func:tiono
"A" Annuef CoatII 514.820.00 s.t.5,804.00 574 360.00 $72 280.00
Se , ....-.... FunctianI for.
FertiliDrlan ISubmtel "A'I 003,00 2851.00 $1,772.00 13 554.00
Ornam..... S 'CO 800.00 896.00 S18 102.00 518 000.00
rü.-;¡¡;¡¡¡¡;¡¡- of PI8nt Beds 3,728AD 911. 55 ~81.90
sa. Fixture. end Fe-. 1780.00 1~ 520.00 1520.00
ee---,;;;;;¡o;;-T... Sub4DIIIII"D' x 2 13 130.00 1.552.00 130.00 .00
Palm Subtotal ["E' 11155.00 2084.00 1110.00 51 155.00
","SUi'll CIetItWiC.nd Brie ( PIIY8I'I S. 042.1!C Sol 000.00 2 .00 11 500.00
Tl'lllh ReœDladeslSublOlII 'G' $2340.00 51524.00 Ii 828.00 ,13.
S.nn.... -'I 944.00
IV. TOTAL BAIlE IIID 5DS.~3.OC se7682..20 51 3 430.00 5118 .
_.-
·"'~"......."',......"'",···....",-.."',,,""""""'_",,..i...._._"',,...~C;"'H.
Agenda....~œ5
P.~~(J5
Page 5 of 16
I.
30no
'BId~
.~ 8eautHlcallon RotdwIy Gro~. Mlinlln.nca·
Due: Dlœmber2.2004
v. TOTAL MEN Ita TO PE RM YlCl!I
Minim"'" 4 cnw utrwd ......
PerW..k
ESTIMATED TOTAL MAN-HOURS TO PERFORM REQUIRED RVI
('T'I'II Contrw:far ahlllllJÞmIt tIw amount or m.w.oun thIIt thay Wend 10 p«Ivtd.1o ~
Colltrlctllt\ . _ bull.
Houri P"WMk
VI. ADDIT! HAL LANDSCAPE MAINTENAN E ERVlCES
Should IIddlllon8t work or tII. following ~ be requll'tlll, ad ultment wll be mede to
the Contract SUm II tile foUowIno Unit PIloN. which thlß Include II' e)( llnea. Including
0'II8ItINd .nd profit.
A. VI
Rentlll colt
e 4,000 .1IOn 1IIrMrwfth
m.n u
rm
.....-
p.qect Melllgar: Bob Pettnen
Pcmlng Dell: Octaber 22. 2004
~endum 3
ONen Heron
......noed L.IIwn Ground Z-
e
4
7
3
511
Agenda~~6Ø5
Pe~~~5
Page 6 of 16
8
00
2ð.OO 35.00 36.00
3ð.00 50.00 .00
36.00 3. $35.00
.00 52.00
S9OO.00 .00 1 200.00
!!
---- -- -. -----..----
40110
'BId #05-38S9
'Baywhore Be8ut1l1c:8!1on Roadway Ground. Mlllnlenance'
Due: December 2.2004
Prø ecI Manager. Boll Petersen
Polting Dete: 0cIDber 22. 2004
Addendum *3
CO<nIIIWCIaI
Advanced LInm GrouncI z.ro GIftn Heron Land
VI. ADDITIONAL LANDS E MAlNTENANCI! SERVICES COHT
B. PlANTING SERVICES
1M.. leMcø _ be I_led In !lie ......t that dllT1llgOd or dNd plant ~rI8i requ....
...pllcement and/or Iandocepe ..... .-quire minor t'lnovlllonl. Quotes .-queslld for lteml
lI'1der 111. Sectian genenolly 1h8ß be for liniN quanlllH. 1M Contrector shall bkllnatllIad
UnIt Price. whlclllnc:IucIN meIIriII. .nd lebar rwquJred for ""Installation anII_~ng untl
ISI8bbhment or InIgltlon sys1Itm II pI'OVidIng proper COWI1Ige. All pllnt mlWial provided
!'hi" be FIortde "1 or better II "**"'" by IhIt Department of ¡I,griaAture'. "Grades Ind
SWldIn!1 lor NurIe/Y PIMIts" VDlumes I & II ~II edlIon.
ITEM
1. Mulch
Shredded ('"WIW18 8eIk GrId, 'A" 2' _. Unit sa. It. ¡0.75 S1.00 noo ~1.ð4J
E..-.a. Grad. "A' 2" __. UnIt sa. It. ~0.75 S1.26 ~1.00 11.50
~red GrIdI"A' 2" CIIOIII-UnIt .... ft. ~o.7S $1.75 12.00 11.25
PInlIItIw. 3' ftuffed de.... . UnIt.." It. $0.95 11.00 12.00 11.110
WIShed ..... ; ' depon· Unit sa. It. S1.1IO $2.60 S5.00 55.00
2.~
I. 4' ConI8inItr, AftnualolPlf'll"lnials Begon\I.. IrnpaIIen., Llnbone. Pental. Purple_n, $3.00 13.50
C...,. sunflower. etc. . .Ich 52.00 53.00
Þ. 1 G.11on Contelnlr
AlliCIn IrIa· .Ich 512.00 S1i.00 S8.00 S8.00
Coœ1ti, . each ~1'.W $12.00 S15.00 118.00
DII¥eI, everareen wnelV. each 512.00 $1.00 513.00 $1.00
Fie. GoIInI In" - each 112.00 S9.00 $9.00 $8.00
JunIPll' 'PaI'IIOnI' - 11m $12.00 S5.00 18.00 ,8.00
UIIO 8 'E~n giant' . 11m '12.00 15.00 S8.00 58.00
PU/'DII QUIIn ·..ch $8.00 .00 58.00 S8.w
Solder '1\1 . I.d! H.OO $5.00 S8.00 ~8.00
c.. 3 Gillon Conlak1er
Cocoolum 'HorlzXlnllr - 11m 120.00 112.00 ~18.00 ~16.oo
Coonlll . eKh 140.00 125.00 SJ5.00 , ,36.00
Dwarf_Inll"'" - IIch 120.00 $12.00 518.00 116.00
Faklnatc:h.. QnII8 - each $20.00 12.00 SI8.00 518.00
'10_ DIIIII!' each ,,,,0.00 12.00 518.00 S18.oo
---~._---
Agend~œ5
P~)l'á!Cff5
Page 7 of 16
'1.01
hI 10
'BId#06-3889
'B~ SHuII1IcaUon RoRwøy Gl'OUId. Malnl8nance'
Due; o.cember 2. 2004
Pro ec:I MIonager: Bob P41t_
Polling c.te: Octøbtr 22, 2004
Add.nclum If3
-
I Ground Zero 0rMn Heron I
Advanced Lewn I.IInd
IVI. I LAND8CAPE MAINTENANCE 8ERVlC&8 CDN"T
B. PlJ\NTING 5ERVICES ~.nN'T
ITEM
2. PI,nll
c. 3 GeI10n ContaIner
FounI8In ....... - .."" II 12.00 18.00 18.00
ø.x·- dwIIrt"HoI1 1~.OO .00 18.
tndlen hewIham 'Alba' whR8....", 20. 2.M .00 :1".~
bun 'Nora ""'nI" . .aol1 20.00 12.00 ,.M 18.00
Dwetf 10"· HdI 0.00 12.00 \l1li 18.00
.lU'!lDar 'Paraon - e8ch 0.00 I~.OO .00 18.00
S""'er filY - IIIICh 20.00 1~.OD .00 18.00
TII_ØI - ..ell o. Ë:I: :111.M
Tumeno "T1ll1ow . 18.00
Wax"","", . aacn . .00 18.00
Saw o8lm8ltO - each $311.00 .00 311.00
S._-uoh 18,l1li .00 241.00
Sliver buttonwood - eacn 12.00 I 18.00
S . eaol1 12.00 00 18.00
V.riallt8d _m-each 20. 12.00 . 18.00
W,It8t'.vlbumum· .1011 20.00 13.00 . 18.00
d. 10 Gallan Contllner
EIoIUat>NIh 'Red Quale( - ea"" 11211.0 II 130.00 ;µn:n¡¡
Canlboerd D8Im - each $145.00 11. 130.00 40.00
DaIII8v nueva - each 110.00 100.00 130.0 40.00
DItnum IllY - I."" 110.00 100.001 130.0 140.00
Cra... m_ . I."" 1~5.00 . 140. 0 18O.M
Hlbiacul alandatd . ..011 110.00 I~. 140.00
KIna .""" - IIch $100. I ~OO
Uauslrum -1IIICh 11 :i!~:e~ 130.00 SI40l'/\
MvnIIn. - each 11 . 140. 140.00
81_ buttonwood· lach 11 .00 1 . 140.00
~DØlr-l8ch g .00 '100.001 130. 140.00
Waxm -..en .00 1100.00 1 . 140.00
Va_ ,ItIoICoNm - ,8ch .00 1100.00 140.00
~."--"-"~'-""~_._-_.."
....-
Agenda ItbIIAllllltltnl1685
P1Ick.....~85
Page 8 of 16
. I
I
80'10
· Bid Il105-3889
"88yshoro BeeutlftcatJon R0adw8y Grounds M8InI8.........
Due: December 2,20004
Pra ect M8na~ Bob "-Ie.-.
PoaIIng Datil: October 22, 2004
Addendum 1lI3
AcM_ I.Iwn 0nIund Zero O_n Haran L.and
VI. ADDITIONAL LANDSCAPE MAINTENANCE SERVICES CON"T
B. ~~GSER~CESCON~
ITEM
2. Plan..
a. 30 Gallon ConCainar
BottIeblwh 'Red clue.... - ald1 $315.00 $220.00 1250.00 13æ.00
Co""'" - aach S315.1X 1300.00 1300.00 $3æ.00
c.we ~ each 1400.IX 1240.00 5350.00 $350.00
Oahoon . each $400.00 1240.00 1300.00 $350.00
HollY 'Eatt latI<a· . aach 00.00 $325.00 1300.00 13aO.00
foxblH 118"" .88CII i425.00 $325.00 100 MW,OO
uauotrurn . ald1 00.00 $315.00 .00 $350.00
Uva oaIc . each 25.00 $.240.l1li ).00 1450.00
MaI1Olllll1Y . NCh 315.00 $240.00 $4 .00 $350.00
Maanoaa·88d1 00.00 1240.00 S4OO.00 $450.00
Red _. each 15,00 1240.00 $350.00 1350.00
r._ 15.00 $375.00 3æ.00 $350.00
SIaIt DInt· ..ch 15.00 1240.00 350.00 S3ou.\II;
Tebabula '108' - each DO. 1240.00 400,00 S450.00
WønMlla.88d1 75.00 1240.00 300.00 $350.00
WhI.. _. .ach $375.00 1315.00 IlOO.00 iOOO.OO
r. 85 Galan Contol_
BoaIabnIsh 'Red ~ . nch ~.OO 1400.00 'baO.OO $550.00
CI'IID8 IIM1Ie - each iðð( .OO 1400.00 a550.00 1550.00
Oahoon hoIIv . each 550.00 $400.00 1550.00 $550.00
Hoav 'East Dalatl<a' . each 550.00 $400.00 1560.00 "50.00
Foxlal Dam ·..ch :750.00 $400.00 $550, '11150.00
Llguatrum . 8IICh ;550.00 '11500.00 1580.00 $550.00
Uve oak - each $825.00 aow,OO saœ.oo '11150.00
Manogany . eocll $550.00 ~.OO $550.00 $550.00
1.18_ - socii $625.00 '500.00 1850.00 $680.00
Red ",..·..ch $~.OO 1500.00 $800.00 $S5O.00
Orenoe aai..... . each $S5O.00 MOO.IX SIIðO.OO $850.00
Slaoll nine . 88d1 1460.00 '500.00 1550.00 1550.00
.blbUls 11De' - each: 1825.00 1400.00 1760.00 5150.00
Wax ITMtIa . each 1650.00 1400.00 5550.00 '11550.00
White ø.løer . ..ch s~.OO $500.00 5950,00 $1 000.00
Agenda~6M6
P~~8.06
Page 9 of 16
7of1D
. Bid #05-3888
.EIeyIhont BeIlUllllcatlon RoedwIy Grounda ~In*-nce·
Due: Deœmber 2. 2004
Projact Manager. Bob paIafMn
Pealing Date: Odaber 22, 2004
Addendum 1113
VL ADDmONAL LANDac:...... MAINTENANCE RR E OH'T
B. PLANTING SE
ITEM
3. alma
.Im 10' tø 20' CT. - ..ch
s.bat 1m 10' to 20' - each
Ihetd1 O' tø T HT. field rown - .ach
RIbbon 8' to r HT. fteId - each
III 8'C . -each
m 1 . -.ach
Wa 1m 30' . ·each
... 10'\0 IJ' . - aach
'" m 10''''1 T.-each
""-ad Uwn Ground ZMo
G_nH-..
.. T_
Live oak 100 aI. Cant. ...,0;' c:aI. 10' hi. - each
Lift oak 200 .1. ConI. 0·........ 20' hi. - each
1 1 500.00
3000.00 2 700.00
0.40 0.06 0.15 0.05
O. 0.15 .05
.0 0.60 $1.00 1.15
.-
C. LlQUIO FERTILIZATION APPLI TION
AppIyP~ 2Q..2D-20 at 10 poondaofrnallrial per 1OOgellonsafwatllrwllh Fam>mecAC
1~ pi... 8% Iron a\113 gal100 at m.IeIia'per 100 gel""'l atwaler.
T - .il
P Bed.- .il
D. SOD SERIllCES
Rerna\I.I of aJda1ing oodlWeed. wnh IOd CIJII.r or by hend and prepare 10111.... 10 \he
propoIed finished grade ouIt8ble for MW IOd (Indudes ona herbicide InI81menl and alllandftll
--
AgendatU~€.U5
P.ck_a.'*.Vt!V~
Page 10 of 16
. ¡i
.1
8 of 10
BId Il105-3889
'B8yøhonr hIIuttftcaton Rølclwly GrINnds ~"
Cue: c.c.mIJer 2, 2004
Prg ed ManIIger: Bob P.....en
Postino De..: 0Q0ber 22. 2004
AddIndI.m 3
AcIvII.....d Lawn comm_,
Ground ZIro O....n H...... Land
VL ADDITIONAL LAHD&CAPI! MAlNTENAN<:E SERVICES ¡;uN'T
E. SUUfIUKI' G
0IIwnId, ""-lOaded, _ graded for lCd, laid In pIoce. roIed IRd 111m ldgeIa ftlCIII8Iy.
Sod COlt for _. wttn"""""ce intgIotion systeml dl8qUlno d8IIy 1UppIe_ top III'
hand ~ ..... the subslñoo iniga........ pI'D\/IdH -.¡_ wal8rln (Ipprvx. 3
1. FlorItam:
IiOO . II. ...1101
lmanon Unit eo.t $350.00 250.00 .00 S600.oo
UIIII~I $450.00 '«N.W 11100.00 ~50.00
_ Drown "'" 400 10. It. Dalet
(;O M n\Iona UM C«* 1.00 $200.00 .00 ~
StdIlUlf8co Unit Colt .00 $3110.00 .00 .00
2. Palmello:
600 ... 11. 1>01181 =HH
CorMonIIonaII UnIt ColI 1280.00 .00 ,550.00
8ubIUIfaca lion UnIt ColI .00 .00 _.01;
Sand .11._
'-"NIcn~ nou.OO 40.00 .00 _.00
8ubIUIfaca UnIt ~I '450.00 S390.00 .00 1500.00
3. BIIIor 11M:
Muck Drown _ 500 ea. ft. l1li1181
~UnIICOIII 1400.011 1280.00 SIIOO.OO $550.00
co unll ¡;œ¡1 $500.00 1430.00 1700.00 SOOO.OO
Sand arøwn "'" 400 Ia. t. Dlllel ~ ~
I MIon Un~ Cost .00 5O.DIê
""bllurf_1 Unit Cost .00 .00
Ba...
1.___:
Sand Drown "'" 400 fa. Fl _ec
Conwnllonll~ Un~ COatI $360.00 $200.00 S5OO.00 S3OO.00
co I unit COatI $450.00 .00 11100.00 ~.OO
. VII AL TERNA'IES
S....I SwMpII1II
Unit Cost lEA $376.00 5250.00 '1 500.00 $800.00
Total Cost 112 S4 500.00 $3.000.00 .18 000.00 S10800.oo
SUBCONTRACTORS TO BE USED: (In no lnaúnce may aubconlla<:lol{l) pel1\mn I11D<9
thIIn 48% dlhe TDlaI Bid amount)
1rH1o.... I~ I~ ~
non.: 732~24 B21.(M72 362-41UOO 843-e206
lme n) IIHiouø In-HouIe .- IMia....
none: 732..¡e24 821-:M72 352.eooD 6~
N_: ..-goftl:l HI·TId1 ~"C In-House
t'nDfttI: 51~ 5117-2525 84a_u~
Agenda ItebtJl!llnt;6.
P.~~()f;
Page 11 of 16
; ,
80'10
-
BkI Ø05-3689
"Bayshonl BeIIutltlœtion Rotdw!Iy Glœnd. Mllilùnance'
Ow: C.œmber2,2OO4
Prv tcI MII",,~r: Bob P......"
Poalfng OIØ: October 22. 2004
Add.ndum J3
Comm.rclal
AdYutc:M Ltlwn Ground ZefO 0..." H.ron Land
DaQUm.nta1lon eod_d:
Copy of cutI8IIt l.andecepe ContrIIcIor'e UClnu or UnlImIted lAnd.cepe Contl'llCtof.
UCInM. (YJN) Y Y Y Y
VerIIIceCkIr1 of oummt pro ecb In lendaceping mtlln\e_ buei..... (YIN) Y y y y
lJaI ðf 0_ _or "aeel .........,ent y y y y
~ of minimum tine (3))'Wra ,JCpeIIenoa wtthin S~ FIoI1da (YIN) y Y y y
Phalli and/or ....nufactu.....1x'o<:iI1Ift wIIh wpec:lbtiona of atrHt .-ping .qLipment
plO\/ldeel. (YIN) y Y y y
. .. ca~onr~1 y y y y
The n_. and Cllh8l1rm'. .....Iove. oualltollno 1Y1N1 Y y Y Y
Addendum RecalYed If eN\lfto.Able Y y Y Y
._ ~rv Pre-Bk! Y Y Y
.Amon!: Bnlnda -rt
wnr-: Sue HebM
-
Agenda~~6Ø6
Padr:M8~,~
Page 12 of 16
100110
Agenda Item No. 1685
March 8, 2005
REVISED O~ of 16
~
COLLIER COUNTY GOVERNMENT
Administrative Services Division
Purchasing Department
Purchasing Building
8801 E. Tamiami Trail
Naples, Florida 84112
Telephone: 239n74-8407
FAX: 239nS2-0844
February 8, 2005
Robert Kindelan
Commercial Land Maintenance
370 Commercial Blvd.
Naples, FL 34104
RE: Request to Review Bid Tab 05-3689 Bayshore MSTU Roadway Grounds Maintenance
Dear Mr. Kindelan:
Per your recent request regarding the Bayshore MSTU Roadway Maintenance bid tab, the
following line items have been reviewed: (1) Item F, "Pressure Cleaning and Brick Pavers",
and (2) Item H, "Banners Installation and Removal". After disaJssing the tabulations with
my supervisor, Mike Hauer, we recalaJlated the base bid totals with the utilization of the unit
price (see table below), and the following resulted:
Bid Tab Advanced Ground zero Green Heron Commercial
Lawn Land
Item F. $ .05 $2,000.000 $1,118.00 $750.00
Original 12/2/04
Item F. Total Cost $2,042.60 $4,000.00 $2 236.00 $1,500.00
Total Base Bid $98,943.00 $67 662.20 $113 430.00 $118,036.90
Item F. Unit Price $ .05 $2,000.00 $1118.00 $750.00
Item F. Total Cst $ .10 $4,000.00 $2,236.00 $1,500;00
Re-calculated
x2
A: Revised Total $96,900.50 $67,662.20 $113,430.00 $118,036.90
Base Bid
Item H. $648.00 $6.00 $15.00 $25.00
Original 12/2/04
Item H. Total Cost $1,944.00 $648.00 $1,620.00 $8,100.00
Total Base Bid $98,943.00 $67,662.20 $113,430.00 $118,036.90
Item H.. Unit Price $648.00 $6.00 $15.00 $25.00
Item HTotalCst $209,952.00 $l,94'!I.00 $4,860.00 $8,100.00
Re-calculated
3x 108 =324
Revised Total Base $304,908.50 $69,606.20 $118,290.00 $118,036.90
Bid with F & H
Agenda Item..No. 1685
March 8. 2005
REVISED 021QiO$ of 16
~, .
-2-
Per our review of the unit prices, the end result with recalculations did not change the
apparent lowest bidder, but altered the sequence of the 2nd, 3rd and 4tt1low bids. If you have
any further questions/comments, please do not hesitate to contact me (239) 774-8446.
Sincerely,
Brenda Brilhart
Purchasing Agent
cc: Bob Petersen, Transportation/ATM
...-
-Agenda Item No. 1685
March 8, 2005
Page150f16
Bay.,. 8--"lIlØtlo,. M.S.7 Jt
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
February 22, 2005
SPECIAL MEETING MINUTES
I. Meeting was called to order by Chairman Bill Neal at 4:02 PM.
II. ATTENDANCE:
Members: Bill Neal, Sharon King, Maurice Gutierrez, Victor Brittan
County: Darryl Richard-Project Manager, Liz DeLeon-MSTU Coordinator, Brenda
Brilhart-Purchasing
Others: Sue Chapin-Manpower Services
III. APPROVAL OF AGENDA
IV. OLD BUSINESS:
A. Discuss MSTU Grounds Maintenance Contract - Brenda
BrII hartlPurchaslng
Sharon had concerns of corrections that needed to be made in the bid contract and
stated the County had removed them from the bidding process instead. She stated
the entire Contract should be bid.
Brenda responded with a handout of a letter prepared for Robert Kindelan,
Commercial Land Maintenance. (Attached) She stated they calculated the errors and
explained it did not change Ground Zero being the low bidder. She explained the
particular errors (f. & h.) and went over the figures. The bid was changed slightly, but
not dramatically. They always refer back to the unit price. They put in what is
exacUy what is on the bid, they are not recalculated. If the Contractor has bid In
error, it is not changed and the Contractors error.
Ground Zero is still the lowest, responsive, qualified bidder.
Brenda mentioned Aaron Gross (Ground Zero) met with Steve Camell (Director of
Purchasing) where several questions were asked of him. Mr. Gross stated he can do
the job expected of him at the price he bid.
Several questions were asked of Brenda. Brenda mentioned if the Contractor
doesn't perform according to contract; make sure purchasing is kept aware of it right
away.
Darryl stated they will pay particular attention to his work to make sure he is in full
compliance with the contract.
The health of the plant is of concem and cannot let projects go for more than 1-2
weeks. He recommended the Committee award the bid to Ground Zero and will do
detailed inspection of the site.
Agenda Item No. 1685
March 8, 2005
Page 16 of 16
.-,.
Maurice expressed his concems of deficiencies, hiring another Contractor if this one
doesn't work out, violation of the Contract and timeframe to correct any problems that
arise.
Victor felt the County was forcing them to accept the low bidder. He feels you get
what you pay for. He has a landscape background and is familiar with prices and
very concemed if Ground Zero can do It at what he specified.
Bill expressed that it would be difficult to explain $50,000 more to the tax payers. He
has confidence that Darryl would react quickly if there are problems. If Ground Zero
does a good job, they will have a savings of doing other projects in the community.
Everything will be promptly documented If there are problems and they will have time
to respond and correct within a particular amount of time.
Victor Brittan moved to accept Ground Zero for their Grounds Maintenance
Contractor. Second by Maurice Gutierrez. Carried unanimously 4-0.
**BIII mentioned he met with the Director of Water Management conceming the
affluent water and getting it Into the Bayshore area.
**Sharon asked Darryl about the maps for FP&L. He responded as soon as he gets
the proper maps, he will get them to FP&L.
..,...
V.
NEW BUSINESS:
VI. PUBUC COMMENTS: None
Being no further business to come before the Committee, It was adjourned by the
Chair at 4:47 PM.
The next meeting is Wednesday, March 9, 2005, 4:00 PM.
Collier County Landscape Operations
2885 Horseshoe Drive South
Naples, FL 34104
....,.....,
2
Agenda Item No. 1686
. March 8, 2005
Page 1 of 9 -
---
EXECUTIVE SUMMARY
Recommendation to approve a Work Order in the amount of 5530,000 to D. N. Higgins,
Ine. for the River Oaks, Palm River Subdivision culvert replacement Project (Project No.
51007), in accordance with Contract No. 04-3535 Underground Utility Contracting Services
and budget amendment In the amount of 5529,200.00.
OBJECTIVE: To receive Board of County Commissioners' approval of a Work Order for the
River Oaks, Palm River Subdivision culvert replacement project to D. N. Higgins, Inc. in
accordance with Contract No. 04-3535 Underground Utility Contracting Services.
CONSIDERATIONS: For several years the Stormwater Management Section of the
Transportation Services Division and Road Maintenance Department has received drainage
complaints in the River Oaks, Pam River Subdivision. The subdivision was created in the
1960's and the drainage easements and maintenance responsibilities were dedicated to· Collier
County in the late 1970's. The original drainage system consists of cOlTUgated metal pipe with a
life span that is outdated. The subdivision is experiencing culvert failures and seasonal flooding
due to the inadequate, aged drainage system.
Four (4) quotes were received including one (1) No Quote ftom firms under the "04-3535
Underground Utility Contracting Services" contract.
-
SUMMARY OF UOTES
an Amount of uote
$530,000.00
$1,201,825.00
$877,500.00
No uote
FISCAL IMPACT: Funding in the amount of $25,400.00 is available in Fund 301 Countywide
Swale Improvement Project (project· No. 51007) and will be used as a contingency. The balance
of the funding needed for this project in the amount of $529,200 will come from the following
projects: 518032 Gateway Triangle Improvements $310,523.28,517012 Fann Workers Village
SR-29 Culvert Upgrades $152,805.28, 511012 LASIP $63,976.72. and 512122 Wiggins Pass
Outfall $1,894.72.
The source of funding is ad valorem taxes.
GROWTH MANAGEMENT IMP ACT: The Culvert Replacement and Drainage Improvement
project is in accordance with the goals and objectives of the Drainage Sub-element of the Growth
Management Plan.
.,-.
Executive Summary
River Oaks, Palm River Subdivision Culvert Replacement Project
Page 2 of2 .
Agenda Item No. 1686
March 8, 2005
Page 2 of 9
RECOMMENDATION: That the Board of County Commissioners:
(1) Award Con1ract No. 04-3535 to D. N. Higgins, Inc., in the amount of $530,000.
(2) Direct the Board Chairman to execute Contract No. 04-3535 with D.N. Higgins, Inc.
(3) Approve the necessary budget amendment.
PREPARED BY: Margaret Bishop, Project Manager, Transportation Services Division,
Stonnwater Management Department.
-'
Item Number
Item Summery
Muting Dole
App....v.d By
Rloardo V¡dÐr.
Tr."'lJportiQn Sœr\llcea
Agenda Item No, 1686
March 8. 2005
Page 3 ()fQ
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
'6B6
~econ1l1')endl1tion 10 award 8 contmc1. in In~ nmount of $530,000 10 D N. Higgins, Inc:. for the
River Oøks, Pllm River SlIbdívís!on cutVfJrt replacemen1 ~roiec;l (Project No, 61007), and
sþproò/l! a btldge¡ amendmenllo transfer funds in the amounl Dr $554.600.00
3/812005 ~'OO:DD AM
Dimdor
O"te
~D"d þ,I"jl"lttln.nC".(t/SI(umwatur
2113/2005 3:11 PtoA
OI()rl.1U~tr.ra
ÞAfuugnmflntl9udnlrt Analyftt
Do"
Approved By
Tnn.pol1iol'l Sarvic..
Tr.n.port.tion Operatlo".
212311:005 3;1 e PM
Approved By
Norm E. Feder, AICP
TriÞrt$p¢rtion Servtc«5
Trsn.port3tion O¡v¡.lon Admini..trltor
u...
TronsPQrtatlon Sorvlce_ Admin.
2124/20057: tg AM
AççQunUng SUj:Þftrvillgr
Dm
Approv.d By
ShUDn Netwrnan
'rtanllpuftlon 9Iuv!c..
'rfanHþurt.,Uon Adminl...tl'atlol'1
2/24/200511;23 AM
Approved By
Contract Speclllltllt
Date
Rhol1da R.fl1bert
Ådn1inis1,atlvlt S(n.....h:.~.
PurGhasinA
2/25(2005 10:50 AM
Pur('.huíno/G"nllral Svc'. Oircdor
D...
Approved By
Stevo Ca'''oll
Admil'll.tr¡¡1In Servicof
~ur!;hu.I"g
2125i:2t1DS 11 :01 AM
Executive Secfetar)'
Dot.
Approved By
Pa1 Ldh"~.rd
Tral'laport.tiotl 5et'Vice.s
Tr.nlportation 5el'\llce5 Admin
211512005 11 :08 AM
OMB Coordinator
Admtni.tr.tI\l1It A..\.I,ta.n1
D...
Approved By
Cr)unly M,,,,aO"f'1I O'tkAl
om..,e lIf Mllnaoltmltnt 110 Budnttt
212!'in005 t1:29AM
Approved By
Su"." UShflf
County M¡an.øger's Office
Siflnlm Mð"IIQœmltt"I{Budg.1 ÂnalY5t
Date
Office of Man»gill'me-nt & Budget
3/1/20058:50 AM
Date
Approved By
Mlcna:el smykowskt
County Manilget'. Offjt.~
Management & Budget Director
Officer of M.I""gen1t.nt & Budget
31112005 t1:05 AM
Dati!
Approved By
lcro E. Och..., Jr,
auard of CLlUt1ty
Çommin.looflrø
Deputy County Manager
county Ma"lI{ n,', O'I't }fI
3'1/200$ ,1:16 PM
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IT!
COLLIER COUNTY
BOARD OF COUNTY CO:Þ.rßfiSSIONERS
PROJECT No 510073
PAUot RIVER STORl\,f\VATER PIPE REPL,ACEMENT
PROJECT LOC.ATION ~IAP
'~:'·<~>;t,
'"~;
'"
.~~ .,' .·§j..'·'-·-'~i
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h >:-<~ ~--......~~ it!
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'i . ,', I, .::0." .....~~
¡ ; '~} 'Tt/;~j..
~·..~I"...·'" .,,-~,.,........,'~........~,~...-,..;..,~!!.£¡,..?D.~,..·_'"..:..,.".',.',:".'.Ú:.'I .,c./t.Jç~L~~!,:,:..:.:...,.;oiY _ ~ ~ ~~ .=;.:l~.=~:_.~ ~
. ,,' :" . I . . ::.. .,. :~¡:;~t'fr;c'
;~~\.~ "'.i,"¡¡" .
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PROPOSED BY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
TRANSPORTATION SERV ICES DIVISION
STORM\VATER MAN AG EMENT DEPARTMENT
HORSESHOE SQUARE, SUm: No. 214, ~ SOUTH HORSESHOE DRIVE
Agenda Item No. 1686
March 8 2005
. "'~l!:J-+
¡ li~
, .;'i
:~¡
N
~
,.
'If
0 O~ 0.5
I MIlls I
PROJECT MANAGER:
DATE:
WORK ORDER 1# UC - 071
·UNDERGROUND UTlUTV CONTRACTING SERVICES'
eo"trøct #04-3535
Agenda Item No 1686
March 8 2005
Pag 5 of 9
This Work Order is for Underground UUllty Contracting Services, subject to the terms and conditions of
the Contract referenced above, for Work known as:
PROJECT: Culvert Replacement In the River Oaks, Palm River Subdivision
The work Is specified In the proposal dated Januarv 28. 2005 from Dougla. N. HI H ln., Inc., which is
attached hereto and made apart of thIs Work.Order. In accordance with Terms and Conditions of the
Agreement referenced above, Work Order * UC - 071 Is assigned to Dougla. N. Hlggln., Inc.
~ Contractor to aUDDlv labor and material.
Schedule of Work: Complete within 180 dav. from the notice 10 proceed date. The contract period
can be increased accordingly for additional contingency work or rain delays.
Liauidated Damaaes: $200.00 D8I' day.
ComDensation: The County will compensate the Firm in accordance with the amount provided in the
attached schedule.
TOTAL FEE S530.OOO.00 (see attached for bid form breakdown)
Any change made subsequent to final department approval will be considered an additional service and
charged according to an executed Change Order as enumerated In Exhibit D of the Agreement.
.;) -IS--O~
Date
~.
REVIEWED BY:
ra, .E., Director
~.. wa er Management Department
APPROV ~Y:
Norman Feder, A.I.C.P., Administrator
Transportation Services
Date
Date
ATTEST:
Dwight E. Brock, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
Fred W. Coyle, Chairman
CEPTED By' B:~U91i7J:a~c~
l)AI\//~/ N ¡¡f9~N1 /,(;, ;?,.sr/eAd-
Printed óf typed name and title
"
,
Signature of SECOND WITNESS
CiArlo /-' £/-10(\/
Name of SECOND WITNESS
-.-
G:G:\CAPITAL PROJECT&\5'0073 Palm R¡"', s_., PIpo FIepI_ 01.. SUbctvto~Work 0Idat Palm Rlvar Sub.doc
2I9I2OOS
CULVERT REPLACEMENT - RIVER OAKS SUBDIVISION - PALM RIVER
Collier County Project Number 510073
January 28, 2005
R~ltem No.1 86
March 8, 2 05
.IAN 2 8 2005 Page 6 f ~
STORMWATER MGMT.
Area
1 TOTAL FOR AREA 1 $ 228,500.00
2 TOTAl FOR AREA 2 $ 63.400.00
3 TOTAl FOR AREA 3 $ 43,500.00
4 TOTAL FOR AREA 4 $ 36,500.00
5 TOTAl FOR AREA 5 $ 35,800.00
6 TOTAl FOR AREAS $ 83,600.00
7 TOTAl FOR AREA 7 $ 38,700.00
GRAND TOTAL
$530,000.00
DOUGLAS N. HIGGINS, INC.
2887 Tamlaml Trail East, SuIte 1
Naples, Florida 34,112
Phone: 239-774-3130
Fax: 239-774-4266
-;t£:~~
anlel N. Higgins, VICe President
"...,...
...-
Agenda Item No. 1686
March B, 2005
Page 7 of 9
PALM RIVER PIPI!RI!PLACEMENT
COWER COUNTY PRojECT NO. 510073
BID II04-OOØ
BID SCHEDULE
AREA .NO ITEM NO. DESCRIPTION LF QTY Rl!P·LAC£ WITH NOTES
1 1 35' x 58" CMP under W..lWood Dr1Ye 31 1 36" HOPE
2 38' It 5T' CMP p...11eI with Wøtwood ·DrIve 170 1 ·38"HDPE
3 38' x 5T' CMP p...llel with WeIllWoOd Drive 156 i 36" HOPE·
4 58' x 38" CMP pnllel with Weetwaod ·Drlve 1.45 1 36" HDPE
5 58' x 32" CMP parallel with WeIllWood Dme 102 '1 36".HDPE
8 67" x 38" CMP b_n Wa.twood Dr1va & Foreatwood Dr 2118 . 1 38" HOPE Propane Tank·
7 38" x 85" CMP under Fo...twood Dr1Ye 28 1 38" HOPE
8 73' x 46' CMP f!'!lm F018llWood Drive to u.ke Sharwood 180 1 36" HOPE
& endWIIII at Lake Sharwood 1. . Remove aedlment at oullall
2 1 24" CMP under Old Tamlaml Trail 27 1 24" HOPE
2 28' x 42' CMP from Old Temleml Trail 10 We.twood Drive :176 1 38" HOPE
3 1 50" x 32' CMP from Oakwood Court to Oakwood.DrIve 67 1 32" HOPE
2 60" x 32' CMP from Oekwood Drive 10 Leke 138 1 32" HOPE
3 e"dwall at U.k. 1 Remove ..dlme"1 at outfall
4 1 22" x 26'CMP under Sherwood DrivtÌ 2& 1 . 24' HDPE
2 16" CMP from Shlrwood Drive 10 Lake Sharwood 143 1 16' HOPE
3 en<!wall It U.k. Sherwood 1 Remove ledlment et outfall
8 1 22" x 28" CMP under Sharwood Drive 2& 1 24' HOPE
2 24' CMP from Shlrwood Drive 10 Leke Shlrwood 140 1 24" HOPE
Agenda Item No. 1666
March 8. 2005
Page 8 of 9
3 no ondwall axisting at Lake Sharwood Remove sediment at outfall
8 1 24" x 36" CMP parallel with Palm VHlW Drive 1&4 1 36" HOPE
2 38" x 22" CMF> under Palm VIeW Driva 42 1 36" HDPE
3 38" x 22' ~MP from Palm View Drive to Lake Sharwood 178 1 38" HOPE . .
. 4 endwaU at Laka Sharwood 1 Remove sadlment a1 outfall
7 , 22" x 26" CMPundar ShaIwood Drive 40 1 24' HOPE
2 30' x 30" CMF> from Sharwood Drive to Lake Sharwood 142 1 30" HOPE
3 andwllJl at Lake Sherwood 1 Remova aadlman! II! outfall
I
----.-~._-_.
Page' 9 of 9
--
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
PROJECT No. 510073
PALM RIVER STORMW A TER PIPE REPLACEMENT
321 313'~
~ 208
~
324 316 !
(.
308.," . 264
~f 256 195
1/
.¡
~/194
190 t It
e I' 186 161
~ß 178 159
" IAREA 21 ~, '¡¡.W ~~~EA ~~
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, 1 54 145 ""'''~.
136 147 <B 1
146 137 m
138 129 \
o
:0
o 199
50
191
261 253
245
237 229
221 213
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196 224
532
Legend
! END WALL
====== PIPES
2 CATCH BASIN
50
........
183 f
$
°175 ~
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155
201 185 177 169
189
216
198
180 172 164
177
239
~
II 175
404 H 198
396 . ¡I\ê\ ........
388 407 423 ..' \2 192
380 ~¿~~
IAREA 51 399 . ,.,ç-~~ . . 184
:G..I:!I '. 391 '.' 18~REA61176
364 '!SI'
Q~ ,
356 of;) ~.
348 :..,H0 37
340 ~~.
324 332S..,.t>
IAREA 41 ~~
343'\,3
317 325 331 337
194
191AREA 31
ma' 191
1."--=.2--11 ....
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H:J9Q 172
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167 159 .
183 175
184 178
164
115
125
30
107
152
130
12'3
114
168
160
244
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144
136 12
204
128 121
102 115
103
105
108
116
102
236 223
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1685 1715 ,
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228 197
220
212
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0544 1713 ~.... 111 0 1 776 1820 ~
APPLICANT: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
ROAD MAINTENANCE DEPARTMENT STORMWATER MANAGEMENT SECTION
PROJECT: PALM RIVER STORMWATER PIPE R PLAC MENT
PURPOSE: PROJECT No: 510073 SHEET No' OF
COUNTY: COLLIER COUNTY DATE: JANUARY. 2005
PROJECT MANAGER: BISHOP. MARGARET
IMMOKALEE RD
10949
.
o
I
200
400
I
Feet
Agenda Item No. 16B7
March 8, 2005
Page 1 of 11
",-.
EXECUTIVESU~Y
Recommendation to approve the three (3) Landscape Maintenance Agreements between
the Lely Golf Estates Beautification MSTU with the Board of County Commissioners, as
governing board and (1) Lely Square Partnership, (2) Earl C. and Charlotte 1. Koops and
(3) Buena Vida, for the landscaping and maintenance on St. Andrews Boulevard in the
amount of$12,918.50.
OBJECTIVE: Recommendation to approve the three (3) Landscape Agreements
between the Lely Golf Estates Beautification MSTU with the Board of County
Commissioners, as governing Board and (1) Lely Square Partnership, (2) Earl C. and
Charlotte 1. Koops and (3) Buena Vida.
-
CONSIDERATIONS: The Lely Golf Estates Beautification MSTU through a LAP
Agreement from FOOT (approved by the Board January 25, 2005, item 16BI0) is
renovating the inigation and landscaping on St. Andrews from US 41 to Pebble Beach
Blvd. As part of this project, the Lely Golf Estates Beautification MSTU would like to
enhance the appearance of the right-of-way in front of the following three properties: (1)
Lely Square Partnership, (2) Earl C. and Charlotte J. Koops and (3) Buena Vida (See
Attachment #3- Plans). With the approval of these agreements the Lely Golf Estates
Beautification MSTU will renovate the irrigation and improve the landscape in front of
these properties with the cost to the three "property owners" estimated at $1.00 per
square foot (See Attachment #4- Proposed cost list). The Lely Golf Estates
Beautification MSTU will maintain these improved areas as stated in the agreement (See
Attachment #2- Agreements).
FISCAL IMPACT: Funds in the amount of$12,918.50 are budgeted in FY 2004-2005
Lely Golf Estates Beautification Fund (152) for the renovation of this project. Of this
amount an estimated $7,418.00 will be reimbursed to the Lely Golf Estates Beautification
Fund (152) by the three mentioned property owners. The maintenance is included in the
Ground Maintenance contract.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact.
RECOMMENDATION: That the Board approve the three (3) Landscape
Maintenance Agreements between the LeJy Golf Estates Beautification MSTU with the
Board of County Commissioners, as governing Board and (1) Lely Square Partnership,
(2) Earl C. and Charlotte J. Koops and (3) Buena Vida, for the landscaping and
maintenance on St. Andrews Boulevard (as specified in agreements) with an estimated
cost to the ''property owners" of $1.00 per square foot. In return. the Lely Golf Estates
Beautification MSTU will pay for the maintenance as specified in agreements.
~
PREPARED BY: Liz De Leon, Operations Coordinator, Department of Alternative Transportation Modes
Agenda Item No. 16B7
March 8, 2005
Page 2 of 11
ATTACHMENTS: Agreements (3), Plans, and cost estimate per property.
.......
AgenrJaltem No. 1687
, March B. 2005
Page 3 0111
COLLIER COUNTY
BOARD Of COUNTY COMMISSIONERS
Item Number
hem Summ.ry
16B7
Meeting Date
Re('omm~nda1ion to approve tÞe three (3) Landscaoe Maintenance Agrp.em.,nts b~1ween the
Lely Golf Estates BeAuUfir..atkJn MSTU with the Board of County CommIssioner!), 115
governing board and (1) Lely Square Punnership, (2) Eørl C, snd Charlott~ J. Koops Ðnd (3)
Buena Vida, for 1h!' landscaping ar'ld maintenance on 81. Andrews Boulevard.
3i812005 9:DO:00 AM
Prepared By
Date
1..12 Df! t~on
Operation" Coordinator
2{2212005 3:31:12 PM
Transponlltion S~lVjce.
Alternative Transportñlon Modøw
Appro"ed By
Darryl Richard
Projec1 Manager
D.,.
Tran.partinn S«rrviC1!I8
Transportation Opltratlon.
21'23/2005 1 :66 PM
Approved By
Jeff Klatzlo.ow
Anistant County Attoml!tY
Olle
County AtìoH¡ey
County Att )rn~y Omce
2/2312U05 3:5" PM
A pproved By
Diane B. Fllt{J!!
Dlrectur <rl Altenurtlve 1 rotltlpor1l1tion
Mt>do.lI" A TM Oirector
Datlt
Tunaportion Services
Alternative Tran.portatlon Mod41's
2123/2005 5;45 PM
Approved By
Norm E. Feder, AIC.'
Tr.nt.þort.tion ()Jvision Administrator
Date
Tra""portion Siftrvic""
Transport_lio,.. Servk:es Admin
2124¡'Z005 7:111 AM
Approved By
Pnt L.ehnh"rd
E {r:t:IJU",,,, Sr.cMtary
Dale
Tran.þor1utlon 58r"")",IUI
lr.ansportuUun SlItvlCl!s Admin
212¿12DOS 10:52 AM
Approved By
Sharotl N~",uln
Accounting S.U'per\ll~(Jt
O.ate
Trilnsportion Services
Tr~n.þDrtlrtlon Admlnhrtr.ltion
2¡2411005 2:,(0 PM
A.pproved By
OMB Coordln.l!:'r
Adminlatratlvt" Auiar<llnt
C.te
Count~' Maf"tlger'lI Offme
011I(;;e 01 Munage:lnent & Budytrt
2125l100511:21 AM
Approved By
Michael StTlykaw.k!
M...nagetnMII & Budget O¡ret:tor
D.,.
County Manager'. Office
Office Df Manllgem..nt & Budget
3.'1/2005 1:î!2 PM
Approved By
leo e. Ocha. Jr.
Deputy County Manager
Date
BOArd or Coun!)'
Commis.ionen
County Manager'. Office
3/112006 J:1i PM
-
..'1; .
Agenda Item No. 16B7
March 8, 2005
Page 4 of 11
.'
LICENSE TO USE PROPERTY FOR LANDSCAPING
..._.
THIS LICENSE is granted this .I:)' t day of J?ç'~1¿'4'.J;r¢t , 2004, by and
between Earl C. and Charlotte J. Koops, whose address is 1250 North Tamiami Trail, #101~
Naples, Florida 341 02-0000, ("Owner")~ to the to the Lely Golf Estates Beautification Municipal
Services Taxing Unit, with the Board of County Commissioners, Collier County, Florida, as
governing board, located at 3301 Tamiami Trail East, Naples, Florida 34112 ("Licensee").
RECITALS
WHEREAS, Licensee was created and established by Collier County Ordinance No. 87-
100, as sub5eq~ent1y amende~.'. for the.pU1'p<)se of b~autifying__~~ mai?~ning_ ce~n median
strips of streets and other public areas within the Lely Golf Estates Beautification Municipal
Services Taxing Unit; and
WHEREAS, Licensee presently maintains landscaping and entrance monuments at the
intersection of Tamiami Trail East and St. Andrews Boulevard; and
WHEREAS, Licensee's Advisory Committee wishes to enhance the current landscaping
by the addition of additional landscape and maintenance areas, as described in Exhibit 4'A" to
this License; and
WHEREAS, Owner is the owner of certain property adjacent to St. Andrews Boulevard
in Naples, Florida, including the additional landscape and maintenance area shown on Exhibit
4'A" as "Area 2".
--
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
cont~ed herein, the parties agree as follows:. _.._ __.___
1. This is a bare license with no interest coupled thereto. whereby Owner does not
release any ownership rights it has in this or in any other property.
2. Licensee is hereby given the right to construct and then, at all time during the
course of this License, maintain at its sole cost and expense, certain landscape
improvements to Area 2 consistent with Exhibit "A". In constructing and
maintaining the landscape improvements, Licensee will comply with all
applicable laws and standards. Throughout the course of this License, Licensee,
and all approved successors and assigns, hereby agrees to indemnify and hold
Page 10f2
.-......-,.-.---
.'
Agenda Item No. 1687
March 8, 2005
Page 5 of 11
harmless the Owner, its successors and assigns, from any and all claims and/or
suits whatsoever, arising out of the landscaping in Area 2.
This License is not a right, but a privilege personal to Licensee, and is not
assignable without the express written approval of the Owner, which approval
may be granted or withheld, with or without cause. Either party may freely
terminate this License at any time, effective immediately upon dispatch of written
notice to the other party, sent to the address of such other party as set forth above.
Upon termination of this License, Licensee shall have a reasonable period of time
to remove the landscape improvements ftom Area 2, and shall leave AIea 2 in
~þ~~tia11Yß1~_ ~~c()!1:diJ!Q~ ~.pr~~D!lJ: J!}ÇJ~ts_,____. ___.__ _____ _ .___ _ ___
3.
--~.._~
IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and
year first above written.
~~~~N# ~~
/Í'ri~~4~,,~~'/.v~~é
A:rrnST: - - .'- .- .
DWIGHT E. BROCK, CLERK
£.~--
EÃRL C. P, Own
--
BðfrlID eF-'- CôUNTY--eoMMfSSl0NERS,---
COLLIER COUNTY, FLORIDA, AS
GOVERNING BOARD OF THE LEL Y GOLF
ESTATES BEAUTIFICATION MUNICIPAL
SERVICES TAXING UNIT:
By:
DONNA FIALA, CHAIRMAN
Page 2 of2
-
. ~~.
.
. Agenda Item No. 1687
March 8, 2005
Page 6 of 11
LICENSE TO USE PROPERTY FOR LANDSCAPING
u ;?u. )'
THIS LICENSE is granted this j' :-~ , ~ by and
between Lely Square Partnership, whose address is c/o The Weine Co., Inc., 1642 Medical
Lane, Suite B, Fort Myers, Florida 33907-1109 ("Owner"), to the Lely Golf Estates
Beautification Municipal Services Taxing Unit, with the Board of County Commissioners,
Collier County, Florida, as governing board, located at 3301 Tamianù Trail East, Naples, Florida
34112 ("Licensee").
RECIT ALS
. WHEREAS, Licensee was created and established by Collier County Ordinance No. 87-
100, as subsequently amended, for the purpose of beautifying and maintaining certain median
strips of streets and other public areas within the Lely Go~f Estates Beautification Municipal
Services Taxing Unit; and
WHEREAS, Licensee presently maintains landscaping and entrance momunents at the
intersection ofTamiami Trail East and 81. Andrews Boulevard; and
WHEREAS, Licensee's Advisory Committee wishes to enhance the cUtTent landscaping
by the addition of additional landscape and maintenance areas, as described in Exhibit "A" to
this License; and
WHEREAS, Owner is the owner of certain property adjacent to S1. Andrews Boulevard
in Naples, Florida., including the additional landscape and maintenance area shown on Exhibit
"A" as "Area I".
-
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
] . This is a bare license with no interest coupled thereto, whereby Owner does not
release any ownership rights it has in this or in any other property.
2. Licensee is hereby given the right to construct and then. at all time dUring the
course of this License, maintain at its sole cost and expense, certain landscape
improvements to Area I consistent with Exhibit "A". In consttucting and
maintaining the landscape improvements, Licensee will comply with all
applicable laws and standards. Throughout the course of this License, Licensee,
Page 1 ofl
¿ . ~
Agenda Item No. 1687
March 8, 2005
Page 7 of 11
3.
and all approved successors and assigns, hereby agrees to indemnify and hold
harmless the Owner, its successors and assigns, from any and all claims and/or
suits whatsoever, arising out of the landscaping in Area 1.
This License is not a right, but a privilege personal to Licensee, and is not
assignab]e without the express written approval of the Owner. which approval
may be granted or withheld, with or without cause. Either party may freely
terminate this License at any time, effective immediately upon dispatch of written
notice to the other party, sent to the address of such other party as set forth above.
Upon termination of this License, Licensee shall have a reasonable period of time
to remove the landscape improvements from Area 1. and shall leave Area 1 in
substantially the same condition as presently exists.
IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and
year first above written.
LEL Y SQUARE PARTNERSHIP
, ",~,
0---
By:
Print Name:
Print Title:
-¡;,.¿,~,¡),-,:.¡; 41. ¡A't.~'¡t-r.:......
AI'! ¡,V,,'?,
/~ ,
C,t~'i_ .o/¿(~"" 4-<',(.. YJ!. ;~c¿"tz..": ~'t
pfjnt Name: 61"(/,/21';;';'17 ¿ ,//1. J (.,'II7'.:dl
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AS
GOVERNING BOARD OF THE LEL Y GOLF
ESTATES BEAUTIFICATION MUNICIPAL
SERVICES TAXING UNIT:
By:
By:
Appro d
, Deputy Clerk
fficiency:
DO}''NA FIALA, CHAIRMAN
Page 2 of~
,. ~ ;
'J . .,
Agenda Item No. 1687
March 8, 2005
Page 8 of 11
LICENSE TO USE PROPERTY FOR LANDSCAPING
TIllS LICENSE is granted this / ItA day of ~, 2004, by and
, .
between Citation Mtg VII Ltd, d/b/a Buena Vida, whose address is c/o Deloitte Touche LLP
PIS, 925 4th Avenue, Suite 3300, Seattle, Washington 98104-1126, ("Owner"), to the Lely Golf
Estates Beautification Municipal Services Taxing Unit, with the Board of County
Commissioners, Collier County, Florida, as governing board, located at 3301 Tamiami Trail
East, Naples, Florida 34112 ("Licensee").
RECITALS
WHEREAS, Licensee was created and established by Collier County Ordinance No. 87-
100, as subsequently amended, for the purpose of beautifying and maintaining certain median
strips of streets and other public areas within the Lely Golf Estates Beautification MunicipaJ
Services Taxing Unit; and
WHEREAS, Licensee presently maintains landscaping and entrance monuments at the
intersection of Tamiami Trail East and 81. Andrews Boulevard; and
WHEREAS, Licensee's Advisory Committee wishes to enhance the current landscaping
by the addition of additional landscape and maintenance areas, as described in Exhibit "A" to
this License; and
WHEREAS, Owner is the owner of certain property adjacent to St. Andrews Boulevard
in Naples, Florida, including the additional landscape and maintenance area shown on Exhibit
"A" as "Area 3~'.
.-
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained. herein, the parties agree as follows:
1. This is a bare license with no interest coupled thereto, whereby Owner does not
release any ownership rights it has in this or in any other property.
2. Licensee is hereby given the right to construct and then, at all time during the
course of this License, maintain at its sole cost and expense, ce~n landscape
improvements to Area 3 consistent with Exhibit "A". In constructing and
maintaining the landscape improvements, Licensee will comply with all
applicable laws and standards. Throughout the course of .this License, Licensee,
Page 1 of2
-._~
... .
. , ,
Agenda Item No. 1687
March 8, 2005
Page 9 of 11
and all approved successors and assigns, hereby agrees to indemnify and hold
harmless the Owner, its successors and assigns, nom any and all claims and/or
suits whatsoever, arising out of the landscaping in Area 3.
3. This License is not a right, but a privilege personal to Licensee, and is not
assignable without the express written approval of the Owner, which approval
may be granted or withheld, with or without cause. Either party may freely
terminate this License at any time, effective immediately upon dispatch of written
notice to the other party, sent to the address of such other party as set forth above.
Upon tennination of this License, Licensee shall have a reasonable period of time
to remove the landscape improvements fTOm Area 3, and shall leave Area 3 in
substantially the same condition as presently exists.
IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and
year first above written.
Witnesses:
CITATION MTG VII L TD, d/b/a BUENA VIDA
~ (,,"~~~'3,}fa ,
Print Name:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORlDA, AS
GOVERNING BOARD OF THE LEL Y GOLF
ESTATES BEAUTIFICATION MUNICIPAL
SERVICES TAXING UNIT:
By:
By:
, Deputy Clerk
DONNAFLALA,CHAJ~
d legal sufficiency:
Page 2 of2
I
\ APPROX.
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Iii I I T)fI. Of,.., ' 'ST. ANDREWS (
SI60walk [x. B.o.C.
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PHA~da Item No. 16BT .
AL TERNÁ tl!ll1arch 8, 2005
. ""age 1 0 of 11
AS
1
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~., ,-., . .,fi". , ' ¡ ~'C:C''UnfT
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----
LELY GOLF ESTATES M.S.T.U. ROADWAY
BEAUTIFICATION RENOVATION
ST. ANDREWS BLVD. AT US 41
PROPOSED LANDSCAPE & MAINTENANCE WCENSE AREA
Agenda Item No. 16B7
March 8. 2005
Page 11 of 11
Date: 11-09-04
Eat
Qty. Unit Unit Cost Tat.ICott
1789 SF $ 1.00 $ 1,789.00
3082 SF $ 1.00 $ 3,082.00
2407 SF $ 1.00 $ 2,407.00
140 SF $ 1.00 $ 140.00
Subtotal SectIon I $ 7.418.00
I. PROPOSED LANDSCAPE & MAINTENANCE WCENSE AREA
1. AREA 1¥1 ST. ANDREWS SQUARE
2. AREA #2 LEL Y PLAZA
3. AREA 1#3 BUENA VIDA
4. AREA #4 LELY PRESBYTERIAN CHURCH
Agenda Item No. 1688'
March 8, 2005
Page 1 of 10 .
,~.-
EXECUTIVE SUMMARY
Recommendation to accept a final status report from the 1-75/Golden Gate Ad Hoc
Advisory Committee.
OBJECTIVE: To accept a final status report of the 1-75/Golden Gate Ad Hoc Advisory
Committee and their recommendations to the plans prepared by the Florida Department of
Transportation.
CONSIDERATION: At the request of the Metropolitan Planning Organization, the Board of
County Commissioners (hereinafter "Board") approved the formation of the 1-75/Golden Gate Ad
Hoc Advisory Committee to assist the Board with the formulation of a plan for landscaping and
other aesthetic enhancements for the 1-75/Golden Gate interchange. The Committee has
provided guidance in the aesthetic appearance of the 1-75/Golden Gate corridor and
coordinated with the Rorida Department of Transportation (hereinafter "FOOT") on the
development of plans for the landscaping and beautification of the 1-75/Golden Gate Parkway
interchange.
,-.
The actual FDOT Budget, which the Committee reviewed, allocated $874,000.00 for landscape
and irrigation, conventional lighting, special signal poles, noise wa!1 aesthetic treatment, special
light poles, bike lanes, wider sidewalks, and a contingency. The attached correspondence
(attachment 1) provides a detail of this additional design and amenity improvement.
The aesthetic enhancements to the bridge indude the following recommended Committee
expenditures: median planters; decorative wall and columns for light poles on the bridge; eight
(8) decorative light poles on the bridge; and brick pavers on the bridge sidewalk and median. Of
the $874,000.00 amount, $300,000.00 of the FDOT budget was originally dedicated to
landscaping.
On September 24,2002 (Agenda Item 10D), the Board endorsed the following:
1. Decorative arillwork
The additional expenditure in the amount of $100,000 for a decorative grillwork. screen to
be incorporated in the decorative mesh fence was approved. Conceptual designs were
presented at a Public Meeting on June 6, 2002 and were well received by the
Community. (See Attachment # 2, "Decorative grillwork on decorative mesh fenceR)
2. HardsC80e ComDonenta on the brldae
The additional expenditure for hardscape components on the bridge includes: texturing
the bridge pier, column and beams estimated to cost $70,656.00; and painting the slope
pavement under the bridge or texturing and painting, a maximum of $24,378.00. The
total estimate of two lower portion enhancements of the bridge is $95,034.00.
3. Florida DeDartment of Tran.Dortation enhancement fundina
FDOT officials have committed $134,000 in grant funding during the States 2007/2008
program year as reimbursement for County interchange enhancement expenses.
,....-.
Executive Summary
1-75/Golden Gate Ad Hoc Committee
Page 2 of2
Agenda Item No. 16B8
March 8, 2005
Page 2 of 10
The F.D.O.T. landscape budget provided basic landscaping and irrigation along Golden Gate
Parkway from 60th Street SW to 66th Street SW. The Committee requested that the landscaping
provide the necessary visual buffer needed to screen the adjacent residences. In addition, the
Committee requested landscaping for water retention areas that will require natural aquatic
planting and landscape buffers appropriate for a gateway design. The County addressed these
concerns by hiring landscape architectural consultant McGee & Associates (March 25,2003,
Agenda Item 16B5). The project is currently proposed for funding in FY 06 consistent with the
County Boards' action approving the "Collier County Landscape Beautification Master Plan
(April 22, 2003, Agenda Item 10C).
The Committee met the requirements as set forth through resolution.
FISCAL IMPACT: Currently, landscaping and amenity enhancements to the interchange are
projected to total $1,378.841.
The Florida Department of Transportation (FDOT) has agreed in correspondence dated August
16,2001 to fund $874,000 in interchange design and amenity improvements over the Agency's
original design specifications. Additionally, the County's current Landscape Beautification
Master Plan programs $309,841 in FY 06 toward amenity interchange landscape improvements.
The Master Plan funding source is generally Fund 313 (Road Construction Fund). Finally. the
FY 06 Fund 111 (Landscape Operations) budget will contain $195,000 to fund decorative grille
and bridge enhancements consistent with Board direction of September 24. 2002 (Agenda Item
10D).
In Summary, the County's cost toward interchange landscaping improvements is expected to
total $504,841. Florida Department of Transportation Officials have committed a total of
$134,000 in transportation enhancement grant funds, which should be available for release to
the County in July 2007. (Attachment #3) Receipt of these reimbursable grant funds will reduce
the County's project share to $377,841.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this project.
RECOMMENDATION: Recommendation that the Board accept the status report of the 1-751
Golden Gate Ad Hoc Advisory Committee. Recommendations include the Committee's
selection of bridge improvements, decorative lighting, and landscape beautification for the 1-
75/Golden Gate interchange which incorporates the levels of landscaping approved by the
Board through the "Collier County Landscape Beautification Master Plan,~ and insured that the
design details of the Airport Pulling Grade Separation project were incorporated when
developing FDOT plans.
PREPARED BY: Pamela J. Lulich. RLA, Project Manager
Attachments: No. 1 - "FDOT Correspondenœ~
No.2 - "Decorative grillwork on decorative mesh fence~
No.3 - "District One Tentative Work Program FY2005/06-2009/2010
/_.
Agenda Item No. 16B8
March 8. 2005
Page 3 of 10
COLLIER COUNTY
BOARD DF COUNTY COMMISStONERS
Meeting D11.
,1666
Recommel1d'ition to 8cct1:pt fI!\rI81 statu:; repolt from tI'1e 1~75/Qolden GMt" Intl'lrchsnge Ad
Hoc Advisory CumtT1lt\tJt:
316120059:00:00 AM
teem Number
hem summary
Prepared By 0...
Pamela J. I.lIlh:.11 Prf.l flct Manl\gltr 2122120051:30:38 PM
Tral'lsportíon Servícel Traffic Operation II ATM
Approved By
Kay N4III, CLA LIg"! Au¡.tant 0...
CQlInly Al1r.mHty GQunly Altorr'l(tY Officn 2/231ZOfIS 10;59 AM
Approved By
Pnmnlo .1. L.ulich ProJß(;1: M.n..tç ~r D..I !
Tnmtlportjol'l S.rvfcn rratfic Opttratlonal ArM 2/23/20061:52 PM
Approved By
Jeff KI.atlkow Aul.lunt County Artorlue)' 0.,.
County AUorney County Attnrney Office 2/23/2001; 3:55 PM
Approved By
Dino:chtr of Altnrn.U\;(t TrlM-port«tion 0...
OI:tnIÞ B. FI.gg Made. ATM DI 'et1ot
Trl".portlon SItt"IIICCl3 Altll'matlvC'/ Ttnnspon.aUon Mode. 2123f200S 5:42 PM
Approved By
Sntlron NøwmøP1 .Acca~lntínlil SUpclrvi"or 0...
Traln.portl',)l1 S...rvh::tttl l'!'I.u ,pørtGtlon Adr"lnlatrl¡,Uon a/24/200& 11:04AM
Approved By
Pili: Letlntrard EXlt(.'utivt.! Secr.-:ary 0...
Transportation Service, Tral,sporUttlon Service. Admin ZIZ4J2005 1 :U9 .'1M
Approved By
Norm E. Feder, AICI> Transportation Division Admini.tr..toy Date
rtlrulput1lnn SrnVI(:M Tranapørtalion Sel"ollces Adfnh1. :U:?-4'ZOOI'ò , :52 PM
Approved By
Glori,1 Uerrllu MOIna(leU'ltot/tiudgftt An¡ll~llt 0.",
Tran.port on ServlclII' nan'portatlon O~r.t¡o". 2/24120052:18 PM
Approved By
OMS Coordlnlltor Adminifrtratl..-e ,I\..I51ant Dale
Coynty Mana9C\r's Office Off..;: !- Qf M.anllgement & Budgllt 2.rl!l/20Cl§ 11:20 AM
Approved By
Mark l.nt;....Qn 8\1dV~t An"'I)'3' 0.,111'
COl.mly Manager'ø Office OrtïC4t uf ManaYltI'I'Ient &. E!udyHt 3!1J2DO.s 10:47 AM
Approved By
Suöan IJahør Senior M41 (lgeme"lIaudg.t Arlaly.&t D...
Couruy ManAger's Offi,... OWe., m Mlma{Jl!'mlu!t & BUdge1: 3/1/200611:11 AM
Approyed By
M¡eh.~¡ Smykawrski Mnnagnml!'l1t &. Budget Dir 't:tor Dlllte
County MDuager'/I ONIc-e omç. Qf M¡UUigo",&nl 0\ Dl,lclg,,¡ 3'1(2006 11 :25 A~
Appro..d By
Lao E'.. OeM$, Jr D&þl.lfy Countv Môlnlllgef 0...
Board of Caunty
CDtTlnlisiI¡Ul1l!:rS County Managtr" Office 31112005 :!:01 PM
~
Horida Department of Transportation
Agenda Item No. 1688
March 8, 2005
Page 4 of 10
Attachment 1 .
JED BUSH
GOVERNOR
August 16,2001
MGR-L13-01
THOMAS F. BARRY, JR.
SECRETARY
I-75/Golden Gate Interchange Advisory Committee
Transportation Operations Department
2705 Horseshoe Drive South
Naples, FL 34104
Reference:
Breakdown of Estimated Costs of Amenities
1-75 at Golden Gate Parkway New Interchange
Financial Management ID No. 200732-1-32-01
Dear Committee Members:
As requested at the Committee meeting of August 9, 2001, the following is a detailed
breakdown of the estimat~d costs of the amenities that were agreed to by 'the FDOT
during the PD&E Study;
1. Landscape & Irrigation
. 2. Conventional Lighting (in lieu of high mast)
3. Special Signal Poles (2 locations)
4. Noise Wall Aesthetic Treatment
.5. Special (Aesthetic) Light Poles
6. Bike Lanes
7. Wider Sidewalk (from 5' to 6')
$300,000.00
$208,000.00 (increase)
$ 60,000.00 (increase)
$ 80,000.00
$ 32,000.00 (increase)
$ 32,000.00
$ 16,000.00
Subtotal = $728,000.00
8. 20% Contingency (includes Mobilization, MOT, etc.) $146,000.00
Grand Total = $874,000.00
If you hav7 any questions, please contact me at (941) 461-4300.
MGR\lss
Michael G. Rippe
Director, Southwest Area Office
cc: Nicole Mills, FDOT
Bryan Dennis, FDOT
Johnny Limbaugh, FDOT
Sarah Clarke, FDOT
District One, Southwest Area Office
2295 Victoria Avenue·Post Office Box 1030*Fort Myers, FL 33902..1030
(941) 461-4300 *(941) 338-2353 (Fax) * MS 1-98
www.dot.state.fl.us
ø RECYCI.ED PAPER
,,,,'-"''-",..,..,"<0:_,,,"",..',,.;;,'''....'''''__,'''...''',_,,,,,;,,.....,..
Agenda Item No. 1688
March 8, 2005
Page 5 of 10
Att:achment 2
GOLDEN GATEII...75 INTERCHANGE LANDSCAPE
BUDGET
.
IDEA COST FUNDING ENTITY INCORPORATE I
WAIT I VETOED
Curb and gutter the 5225,000.00 Landscaping budget Vetoed
frontaø:e roads
Decorative Lighting $1921.00 per 30' pole, mOT Eliminate except on
based on Meditet:ra bridge. Committee
fixture from voted for std. 30'
Architectural Area light poles SpUD
Lighting. aluminum finish wI
400 watt metal
halide fUtures.
Christmas Attachment Approx. 525.00 / pole FDOT Incorporate
Wirin£
Meandering 516,037.00 FDOT Eliminate - use
Sidewalks funds toward brick
pavers - sidewalk &
median ·
$7274.00 (sw) -
Integral color FDOT Eliminate per to
sidewalk and concrete $11,178.00 (sep) county's concern
separa:tor regarding
maintenance - use
funds toward brick
o avers·
Median planters on $66,500.00 Landscaping budget Incorporate. Oval
bridge with decorative shaped planters 10'
fencmg long x 5' wide, J
every SO', Connect
planters with deeo
fence. Color? .style?
Overpass fencmg 'Black vinyl coated FDOT mcorporateper
mesh fence included FHW A requirement
in DOT construction
estimate. A cliange in
fence would be a
deduction from the
landscaping budget.
Decorations for wire Depends on size Landscaping budget Wait. Pending next
mesh fence meeting
(ex. Manatees with (5102,000.00, #1)
waves and sea grass) ($192,000.00, #2) Wait - price
Decorative metal Price Pending dependent
work similar to
Coastland Mall
~""N",C~"'''''.,.^^,
Agenda Item No. 1688
March 8, 2005
Page 6 of 1 0
Integral color on the $14,560.00 FDOT Incœporate. FedcIa1
bridge. Outside Standards color to
bridge beams, piers match as close as
and columns. possible to the
English I"Y Green.
lDtegrate color on $10,944.00 FDOT Previous vote was 10
barrier. incorporate. What
color?
Pa.iøt existing bridge $58,240.00 Vtn'¡~ budget Wait
features
Brick pavers in $37,400.00 sidewalks LaDdscaping budget Incorporate -
median and sidewalk $68,567.00 median sidewalks and
($55.00 I SY) decorative border in
median (cost to be
determined)*
Texturize the bridge $18,240 (on barrier) 1.andscaping budget Wait
components with $17,472 (on exist
concrete spray form piers)
$34944 (on exist
piers, columns, and
beams)
Total $ 70,656.00
Painting of slope $20,315.00 LaDdscaping budget Wait
pavement, under
brid2c.
Texturize slope $24,378.00 Landscaping budget Wait
pavement (inc. color)
Modified jersey $43,750.00 T ~ntf~ing budget Intorporate
barrier, as depicted on (combination of
Pam's drawing. barrier wall and
columns listed
below.)
Columns for light See line above. Landscaping budget Incorporate
poles, as depicted on
Pam's drawing.
Budget Summa:cy:
$ 300,000.00
80,000.00
32,000.00
16,037.00
7,274.00
11,178.00
landscaping budget
noise wall aesthetic treatment
paintin¡light poles
meandering sidewalks ..
inteval color - sidewalk ..
integral color - median separator ..
$ 446,462.00
available funding
..
Expenditures:
$
66.S00.00
4,,3,750.00
2,tó8.oo
37,400.00
5,000.00
S 150,318.00
median planters
barrier ""aHand columns for lipt pole. on bridge
decorative.liaJrts on bridle - 8 ·UPts
brick pavers tor sidewalks on bridle ..
britk pavers for median border - estimate ..
Agenda Item No. 1688
March 8, 2005
Page 7 of 10
Total:
$ 446,462.00
150,318.00
$ 296,144.00
.. Discussed at m.eetin¡ held May 30, 2002. Consensus of members present; no quorum for
official vote.
-_._----- -
Agenda Item No. 1688
March 8. 2005
Page 8 of 10
INSTAlLATION NOTES
1. CONTRACTOR SHALL INSTAlL SEVEN (7) SEcnONS OF DECORATIVE
FENCE PANELS AT EIGHT (B) LIGHT POLE BASE LOCA11ONS ON TOP
OF THE GOlDEN GATE P_AV BRIDGE TRAI'FIC RAILING BAARIER
2. REFER TO FOOT ROMNVAV AND BRIDGE PLONB AND SPECIFICATlONS
FOR TRAFFIC RAILINO BARRIER FENCING AND UGHT POlE BASES.
3. CONm1>CTOR SHALL BID LUMP SUM PRICE FOR FURNISHING AND
INSTALLING DECORATIVE PANELS.
OPTlON Ø1: INSTALL DECORATIVE PANELS WfTH INITIAL FENCING
INSTALLAnON DURING 'I>Æ FOOT INTERCHANGE
CONSTRUCTION PROJECT.
OPTION *2: REMOVE EXISTING LOWER PANEl. OF TRAFFIC RAILING BARRIER
FENCING AND INSTAlL DECORATIVE PANELS.
.. PANELS Stw..L BE MOUNTED PER FENCE PANEL MANUFACTURER'S
SPECIFICATIONS. PAl.METIO FROND APPLICATION SHALL SE APPLIED TO
THE OUTSIDE SURFACE OF THE FENCING.
S. PALMETTO FROND APPLICA110N 8IW.L BE SOLID MATERIJ\I. AND FINISHED
AND COLORED TO MATCH FENCING.
B. PI\I.METIO FROND APPLICAnON 8IW.L BE MONUTEO OR CONNECTEO
TO MEET SMtE WIND LOADING REQUREMEN11I OF THE IIAARIER FENCING.
7. FENCE POST FOR DeCORATIVE PANEL SHAlL BE MINIMUM THREE-INCH {3"'}
POST.
N,U.
f
¡
I
J
I
i
r
f
I
i
~--_.__._..
~~----_..._~..-
."--._._~~--_.
----~------
-1
TYPICAL ELEVATION OF LIGHT POLE BASE 8. FENCING
~ITH ORNAMENTAL PALMETTO FROND APPLICATION
N.T,S,
[% UH'1"f' MITER P\...AN AIIlIlT
Sl£ET
on
UNDSCAPE PLAN
BRIDGE DECORA11VE FENCING
GOWEN GATE PARKWAY
lNTERSl'ATE 7J INTERCHANGE
LS-67
( DDAFT )
.
DISTRICT ONE
Agenda Item No. 16B8
March 8, 2005
Page 9 of 10
Tentative Work Program
FY 2005/06 - 2009/2010
COLLIER
COUNTY
HENDRY
District One Headquarters, 801 North Broadway, P.O. Box 1249, Bartow, FL 33831
(863) 519-2300 or 1-800-292-3368
~'qii '-' 16B'
l)Jl1lF'I'P; h fò ;~¡
COLLIER COUNTY
Five V.,.t Tent.tlve Worlc Program
July 1, 2005 Through June 3(), 2010
Flðrlda Dep.rtment of Transportation - District One
[
11/OZI04
~'~"-~-,.'--_._.
............~~-...~~...._...."...._._..~_.-"'...,._~-_..~,.__._--
",".¥-".-..-.-.....
.. .____..'.._._,__v...,~.__._....~,.._.^.^.~,,_~,_........_."_'~""_''''.'._'._'.'_'·'~'~'.·..m_.___._.^'^_,,_.~,.....,ff~~...... '.
Ph... Fund 2005108 2008/07 2007/08 2008109 2009/1Ö~
Facility
Project No.
1-75 FPN: 2007321
AT GOLDEN GATE PARKWAY INTERCHANGE
DeSCRIPTION: INTERCHANGE (MAJOR)
INC
DS
o
750,000
o
o
o
~H~··,_~__._V_
...--.-.---.-.--........-. . ..-.....-.....-..-_._.. - ".___..__._.~,.._... _n',>
Projed Tot8Is:
o
750,000
o
o
o
I- 15 FPN: 2007'323
AT GOLDEN GATE PAAtWVAY
DESCRIPTION: lANDSCAPING
CST
SE
o
o
1304.000
o
-.-~--.-.-._._-.--..-".-
Pro Kt TðtIIIa:
1-15 FPN: 4063132
AT SR 951/SR 84 INTERCHANGE
DESCRIPTION: PREWMINARY ENGINEERJNG
PE
PE
DI
DIH
0 0 1304,000 0
0 0 9.600.000 0
0 200.000 700.000 0
o
o
o
-------~
" ^..,_...~-".~.._«
.. .. . .... .__."^.......-...._.~.·..NA·'_'_"«....~._..;..
Projed ToIIIs:
o
200,000 10200.000
o
o
1-15 FPN: 4063133
FROM GOLDEN GATE PARKWAY TO S OF BONITA BCH RD
DESCRIPTION: ADD LANES & RECONSTRUCT
CST
CST
ROW
BRRP
01
BNIR
o
o
12,391,800
o
o
o
o
o
o
o 1.911.522
o 15&.443.170
o 0
..... _._..~¥__,. ".~h·.._ .~____..._._'_.__'_._".._~.~~_...,.____._~._____.__.~.
Pr~ TotIIs:
12,391,800
o
o
o &8.394.682
1-15
FROM TURNER RIVER
DESCRIPTION: RESURFACING
FPN: 4172381
TO TURNBACK SLOUGH
CST
PE
DSB2
DlH
o
95.000
8,375.119
o
o
o
o
o
o
o
,.......... . .. ....,..,~,..
.....,................,."'....,......-.. .........._'~....~.__.
Projeçt Totals:
95,000
8.375,119
o
o
o
Agenda Item No. 16C1
March 8, 2005
Page 1 of 7
-~
EXECUTIVE SUMMARY
Recommendation to authorize purchase of a POot Unit for the South County Water
Treatment Plant 12-MGD RO Expansion and award Bid 05-3727, Project 70097, for
$125,950.00 to Aerex Industries.
OBJECTIVE: To purchase a Pilot Unit for the 12 MOD Reverse Osmosis Expansion
that will allow operational testing of Reverse Osmosis membranes, test running of
proposed changes to operating parameters and/or controls, researching the effects of raw
water quality changes and troubleshooting the Reverse Osmosis Plant without disturbing
or interrupting the nonna! operation of the production unit.
CONSIDERATIONS: On May 25, 2004, as Agenda Item 10 D, The Board of Collier
County Commissioners adopted the 2003 Water Master Plan which provides for
increases in water production capacity necessary to meet the needs of Collier County's
residents and visitors through the Plan's 20-year cycle.
--
The County has constructed an 8 MOD Reverse Osmosis expansion at the South County
Regional Water Treatment Plant that was substantially complete and operational as of
December 7, 2004. Within two years this capacity will be augmented by an additional
approved 12 MGD expansion that will bring the total RO production capacity of the plant
to 20 MOD. Hazen and Sawyer is the Engineer of Record for this 12 MOD Expansion
and design work is now approaching the 60% completion point.
Since 1997 the County has operated a Reverse Osmosis water treatment unit at the North
County Regional Water Treatment Plant and has learned that pretreatment and RO
membrane selection are key parameters for effective and economical operation of this
sophisticated technology.
Through this experience the Water Department also recognizes that it is very difficult to
fine tune the unit while operating it. RO membranes are very expensive and have a
limited operating life, so it is prudent to experiment with them away from the operating
plant because mistakes are quite costly and can impair the operation of the plant and with
it the County's potable water supply. As the technology advances we are unable to take
full advantage of this progress because testing in an operating unit is fraught with
expensive risks.
The raw water for the new RO production unit at the SCRWTP will come fÌ'om a
Hawthorn Aquifer brackish water wellfield. This water is of significantly lower quality
than that processed at the NCRWTP compounding these difficulties and requiring very
careful pretreatment and membrane selection.
,--..
The use of a Pilot Unit will address these needs by allowing the Water Department to test
existing RO membranes, experiment with new membrane designs and materials, research
improvements to operating equipment and/or controls, study the effects of raw water
1
Agenda Item No. 16C1
March 8, 2005
Page 2 of 7
quality changes and troubleshoot the Reverse Osmosis Plant without risking it's
reliability by disturbing or interrupting nonnal operations.
Aside rrom the older unit at the NCRWTP, the recently commissioned 8-MGD RO plant
at the SCRWTP and this 12-MGD RO expansion Engineering and Acquisition work has
started on a North East Regional Water Treatment Plant that will utilize Reverse Osmosis
Technology. This Pilot Plant will be mounted on a trailer, so it can be easily moved to
any of the County's present and future facilities or to the well fields if necessary.
On October 26, 2004 staff sent out invitations to bid to eight suppliers, four responded
and on November 30, 2004, the bids were opened. They are summarized in the following
table:
DESCRIPTION American Ham RIO Advanced Aerex
En2Ìneerine: Systems Environmental Industries
One RO Unit $196,968 $171,648 $167,000 $105,950
Installation on Trailer $ 20.000 $ 20.000 $ 20.000 $ 20.000
TOTAL BASE BID $216,968 $191,648 $187,000 $125,950
Three year Warranty $ 20.000 $ 12.000 $ 17.060 $ 0
TOT AI. BID $236,968 $203,648 $204,060 $125,950
-
Staff has analyzed these bids, finds them to be fair and reasonable and recommends
awarding Bid 05-3727 for the manufacturing ofa Pilot Unit for the SCWTP 12-MGD RO
Expansion to Aerex Industries who is the lowest Responsive Bidder.
FISCAL IMPACT: Funds in the amount of $125,950.00 are available in County Project
700971 - SCRWTP 12 MGD RO Expansion. Source of funds is water impact Fees (411).
This project is consistent with the 2005 Fiscal Year Capital Improvement Budget
approved by the Board of County Commissioners on September 23, 2004.
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the
Goals, Objectives and Policies of the Collier County Growth Management Plan and is
consistent with the 2003 Water Master Plan adopted by The Board of County
Commissioners on May 25,2003, item 10 D.
RECOMMENDATIONS: Staff recommends that The Board of County Commissioners,
as Ex-officio governing board for the Collier County Water-Sewer District, award Bid
05-3727 - "Purchase of a Pilot Unit for the South County Water Treatment Plant 12-
MGD RO Expansion" to Aerex Industries and authorize the Chairman to sign the
Agreement after review by the County Attorney.
PREPARED BY: Porfirio E. Gramatges, P .E. Senior Project Manager
Public Utilities Engineering Department
--
2
item Number
Rem Summary
Meeting Date
Agenda Ilem No, 16C1
Marcil 8, 2005
F'.go 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C1
F(ecurnrner~jati(lf~ to authori7.e l}Un~;¡¡Ge o~ a Pilot Wa!~r Filtration Ur¡it tor the ~~olJth COlmt','
Wate.r Treah!¡enl Piant "1;(:·MGD RG E,X i1tt~fìlon aru13wilrd aid 05··)727. Proje.d 7(W97. ~or
$'125.95000 to ABre)~ !ndlJsttle!'.
3!6/2005 9:00:00 ;\M
Prepared By
Sr. Project Man-ngar
1/2'1'(201J5 -":42:39 PM
Porflrio E. Grnmalgl!'s, P.E.
.1ublic UUUtln
Date
Public: Utilities. Engineering
Approved By
Opcoration.s Director
(h1te
Thomas Wid(!:i
PUblic Utilities
PUblic Utilities O :leraUoIJ$
11281200511:35 AM
Wa[~r OpN¡]tiMii ManagF.!r
Date
Approved By
Pamela Libby
Public UtUi¡i(!.\
Wa ~r
1128!2IJ05 , Z:33 PM
Paul MBtt,¡¡ml(;h
Water Dlr~ctor
Dilti!:"
Approved By
Pl.lblir.lJlilitil!!O
WattH
1IZ8IZ006 <1:10 PM
Approved By
William D< Mullin, PE
Public lItI!iUn$
Prlnclpaf Project Mafl.ager
Date
Public Utilltir.s EngiÞr.erlng
2J.t!2005 6:47 AfJ
StI!!Vt! Cørlldf
Purchðliill1giGellt;ral SIIC.!ò Director
Dsti!:"
Approvt.-d By
AÓll1lnistrative Services
I'u rchasing
:!I10/2l10511:1.4AM
Roy B. Andf:'tson, P,E.
Public Umitil('\i En~lnMr¡"'iJ Œrr.cfor
Dot.
Approved By
PubHc Utilllles
PUblic UUlitle-s en"'neerln~
2(10120051U& AM
?ub1ic Utilltic_s Adminitôtrator
Da''t'
Approved 8y
j¡p¡me& W. DeLony
Publl¢ Util!t!e'òo
f11Jb ':; UUlŒe!o Administration
1110/2QC5 5:41 PM
OM fj CoordiMtOi
Admlnislratlve Asslstllnf
Oak
Approved By
County Môlnuget'~ Office
Offtce or MatlagetMnt & Buciget
Zf2S120aS 10:49 AM
Senior Management/Budget Analÿst
Date
Approved By
Su san Ushel
(;01JIUy Munagr.r'$ Office
Ol'flc.e of M'Ulaor.menl.& Rudgr.t
2f25/2tlO!i 7:30 PM
Manðgem't'nt & Budget Dlre.¡;;tor
Dati!:"
Approved By
M!ct¡;;¡el 5mykuwslct
Cnunty fA3.n<1g~r" Df1kl!
Office DI MaIHJÇll!>tn/!nt & Budgil!t
3/112005 !L~O AM
l~o E. Oells. Jr.
Deputy Courlty Manage!
Oate
Approved By
Board of COUl,ty
Comm!utol1t!rs
Cauniy MOIn3tJl'1r'.! . O{fír.n
:1.1112005 1:L~8 PM.
Bid 05-3727 "Purchase of a Pilot Unit for the
SCRWTP 12-MGD RP Expansion"
Date Due: November 30, 2004
Project Manager: Phil Gramatges
Date Posted: October 26,2004
Addendum #3
Agenda Item No. 16C1
March 8, 2005
Notices~FltDß'
Packages Received: 4
American Ham RIO Systems Aerex Industries Advanced
---. Engineering Environmental
Description
One (1) Reverse Osmosis Membrane Pilot Unit . ~_ -----..- $196,968.00 $171~ $105,950.00 $167,0ºº,ºº-
Allowance for Installation of Pilol Unit on portable Trailer to be
provided bvothers -~.._---~--- $20.000.00 _~?O,OOO.OO $20,000.00 $20,000.00
TOTAL BASE BID ----'$216.968.00 $191,648.00 $125,950.00 $187,000.00
~- ----- ---_._---_..- .nn_~ ._ _.--~-- r--~----'-
Alternate #1
Thirty-six Month Warranty 120000.00 (~_~id) $12,000.00 $0.00 $17.060.00
Delivery TIme in Calendar'Days 120 100 120 75
1 American Ham RIO Aerex . AEWT/Sunrise,
, Engineeringrrampa, SystemsNenice, Industries/Fort Florida
Service Facility Name and location Florida Florida Pierce. Florida
Two Copies of Manufacturer's Specffications Ättached (Y/N) y -- y N N .--....-
Warranty Information Attached (Y/N) y y N N
_. .___n_ .- ---'.------ -'----- .
i
Manufacturers Qualifications .-- --~----
1. Business Evidence (Y/N) ~_y__nn_ ~-y-~ N Y
2. Design, Construct and Operate Evidence (Y/N) y y N y
3. EnaineerinQ Staff Evidence (Y/N) y y N y--
4. Deviations from Specifications Attached (Y/N) y y N N
Addendu/T1 Acknowledged (Y/N) y y y y
---,. __.n..
Agent: .-.-.-.-.----- -----------,- ~----- ..----- f------.
Witness:
--',-- -----------.-..-'----- .. .....,.
Page 1 of 1
Environmental Engineers & Scientists
Agenda Item No. 16C1
March 8, 2005
PaJle 5 of 7
Hazen and Sawyer, P.G:'
2101 Corporate Boulevard
Boca Raton, Fl33431
561 997·8070
Fax: 561997-8159
HAzEN AND SAWYER
February 11, 2005
Mr. Phil Gramatges, Project Manager
COLLIER COUNTY
PUBLIC UTILITIES ENGINEERING DEPARTMENT
3301 Tamiami Trail East
Building H
Naples, Florida 34112
SCRWTP 12-MGD RO Expansion
ft'embrane Pilot Unit. Bid No. 05-3727
Dear Mr. Gramatges:
To date, membrane treatment faciUties at the' courity'sNorthCountyRegionaJ Water Treatment
Plant (12-MGD Nanofiltration and 8-MGD Reverse Osmosis) and South County Regional Water
Treatment Plant (initiaI8-MGD Reverse Osmosis) have been designed based on computerized
projections from membrane element manufacturers. Industry experience has proven that
manufacturer's projections (accuracy +/- 20%), while a valuable design tool, do not always
match actual data once a facility is operational.
Pilot testing is recommended for design of the SCRWTP 12-MGD Reverse Osmosis (RO)
Expansion for the following reasons:
1. The raw water sources for the SCRWTP 8-MGD Expansion and the 12-MGD Expansion
projects have never been tested. Initial operating data from the full-scale SCRWTP 8-
MGD RO Facility indicate significant differences between actual conditions and those
predicted by computerized membrane projections.
2. The potential for changing conditions in raw water quality, (e.g. - similar to increased
salinity experienced in NCRWTP RO raw water supply) warrants pilot testing of RO
elements for pre-qualification and physical demonstration of performance.
3: Pilot testing results prQvide ·des.ign criteria for pretreatrTlent systems . (cartridge .' filter
element selection, silt and sand reduction, pretreatment chemicals and cleaning
. chemicals), membranes (salt passage and flux). and blending of membrane treated
water with lime softened water. Pilot testing allows the designer to optimize process
parameters such as membrane feed and interstage pumping and membrane treatment
unit configuration, as well as membrane qualification. In addition, pilot testing can be
used to evaluate pretreatment (cartridge filters and chemical addition) and post-
treatment (disinfection and corrosion control) strategies.
Page 10f2
O:40703LO04
New York. NY. Armonk. NY' Woodbury. NY' Upp<!' Saddle Riyer, NJ' De1roll. MI. Aalolgh. NC' Charlotte, NC' Falnax. VA' HollytWood, FL' Boca Raton, FL' Fort Pierce, FL' GainesvHle. FL' saraso1a, FL' Miami. FL
Environmental Engineers & Scientists
Agenda Item No. 16C1
March 8, 2005
Paqe 6 of 7
Hazen and Sawyer, P.C'.
2101 Corporate Boulevard
Boca Raton, FL 33431
561997-8070
Fax: 561 997-8159
.-
,
HAzEN AND SAWYER
As the County-wide membrane treatment capacity grows, a portable pilot unit also provides the
following additional benefits:
1. Physical testing of proposed membrane elements from various manufacturers when
membrane elements are replaced at each facility every 5-7 years. Physical pilot testing
ensures that the County receives proven, high-performance, high-efficiency membrane
elements over the life of each membrane facility, thereby saving significant O&M
(energy) costs and optimizing finished water quality over the life of each facility.
2. Physical testing of membrane elements, pretreatment and post-treatment systems on
new, untested raw water supplies during preliminary design of future Northeast Regional
and Southeast Regional Water Treatment Plants, for reasons described above.
If you have any further questions, please feel free to contact me at (561)997-8070 or Fred
Holmes at (772)489-0066.
Very truly yours,
HAZEN AND SAWYER, P.Co
~Mtj ,4"
Kurt A. Pfeffer, P.E.
Project Manager
c: File: 40703
Page 2 of 2
New York, NY 0 ArmOl1k, NY' Woodbury, NY 0 Upper Saddle River, NJ 0 DetroIt, MI' Raleigh, NC 0 Charlone. NC' Falrtax. VA' Hollytwood, FL 0 Boca Raton, Fl. Fort Pierce, FL' Gainesville, FL' Sarasota, Fl· Miami, FL
Project Name:
EVENT
Land Acquisition
LIInd Un Zonln
Deslgnl Permit
Construction
Inspection
Project Tota'
Agenda Item No, 16C1
March 8, 2005
Page 7 of 7
Recommended Action: Recommendation to authorize purchase of a PUot Unit for the South County Wøter TreøtnJent Plant
12-MGD RO Expansion and ( Ward Bid 05-3727, Project 70097, for $125,950.00 to ÁelY!X Industries
Agenda Item No. 16C2
March 8, 2005
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve, execute and record Satisfactions for certain Water
and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $28.50 to record
the Satisfactions of lien.
OBJECTIVE: Recommendation that the Board acknowledges full payment, and
executes Satisfactions for the Agreement To Extend Installment Payment of Water
and/or Sewer System Impact Fees.
CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as
Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner
and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water
and/or Sewer System Impact Fees executed by:
-
SEE ATTACHED EXHIBIT "A"
Full payment and satisfactions of these agreements have been made.
The County Attorney's Office has reviewed and approved the satisfactions.
FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the
water impact fee (Fund 411) by $0.00 and sewer impact fee (Fund 413) by $60,830.05.
The fiscal impact for recording the Satisfactions of Lien is approximately $28.50, which
is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing
cost center.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: Recommendation to acknowledge full payment and the
satisfactions of these agreements and to surrender the same as canceled. Authorize
the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service
.-'
Agenda Item No. 16C2
March 8, ?OQS
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16(;2
Re~~()mr),p.nd;~tlr.1!' to apþn)V~, t\')(~(::Jj~ ,and r~[xHd SaliM31;ti,)nfi lor c·t:rt;~il' Wéltel and/or
Sewer itnp.1Cl F~e Pa~'men; Agreêrn~nt!> FI~¡·:;al ilTjpaGt it> $7.850 t¡) I'eculd thi? S<!11t;1<H:I (m~'
cfl..ii!'11
Meeting Date
3t8,'2005 9: 00 00 J\M
Approved By
T<!'tO$<I Ri~SM
Rev!!'n1l0 M<ll'IlIgnr
D'lt~
Public unHt!~!f,
uses
2:!1 j12005 7:32 AM
Approved By
(¡am C41l11s
H:e...~nue Supervisor
Date
Publl.:. Utmlles
UBes
1117120058:28 AM
Appro\'ed By
John A. Yonkos.ky
Utility BIlling Director
Date
Public Utllitie.tò
UDes
2117120053:0.5 PM
Approved By
Thomas WldeSo
Dper3tions. Dlreçtor
O..te
PubUc Ulilili,e¡¡.
Public Utilillc$ OperatfOOf¡
2123/2Q05 1l:J4 PM
Appro\'ed By
Jumelö W. OI1l.ony
Public lItl111iu$ Ad"tin¡~ttutrlr
Dal{!
Public Utilitle-s
Public lJH!itlt!!s Admlni¡¡.uation
2/Z5J2Q(J!i 9:02 AM
Appro\'ed By
OMf3 CO( tdinôttQf
Adrnln¡..~nall"'e AS!itstanr
Oat\"!
County Ni,1nitflfH'S f.)ffic~
Office of M.1n;af ement & Bud 1C"t
21251200510:18 AM
Approved By
SlI!i,fl.n Usher
SeniOf M.n.1gemlmtIBudgt1t A"aI~t
Dale
County Mar\;lIyt!r'$ Offlc~
Offlc.e (If t.4anayemfint & Bodqlrl
212!)'200S 10:37 AM
Approved By
Michael5rnykow:sld
Mantlgti'me-nt 8. l3udgl!t Director
Date
County M3Ioag~r'!i Office
omce or Manllgement & Budgel
2/25i200!) 10:.43 AM
Approved By
Leo E. Och!õ, Jr
Deputy County Manager
Dale
B~rd at CQunty
C.ommiss¡on~rs
Cau",ty MatJ;3yer'¡. Office
2125(2005 5:22 PM
Agenda Item No. 16C2
March 8, 2005
Page 3 of 6
EXHIBIT" A"
1. Spikeco, Inc., a Florida cotporate seal and the hands of its President, Jewell E.
Foust, securing the principal balance of fifty nine thousand five hundred seventy
dollars and no cents ($59,570.00). Folio #00725440000
2. Robert G. Stinson and Barbara A. Stinson, husband and wife, securing the
principal balance of one thousand two hundred sixty dollars and five cents
($1,260.05). Folio #81732320006
Agenda Item No. 16C2
March 8, 2005
Page 4 of 6
Prepared by:
Robert Zachary
Assistant County Attorney
OffICe of County Attorney
3301 EastTamiami Trail
Naples, Florida 34112
(239) 774-8400
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement
with the following:
Robert G. Stinson and Barbara A. Stinson, husband and wife
Whose mailing address is
2828 Storter Ave
Naples, FI 34112
Bearing the date of the 11111 day of October 1993, recorded in OffICial Record Book
1873 Page(s) 000619, in the Office of the Clerk of the Circuit Court of Collier County, State
of Florida, which Agreement imposes a lien on the subject real property. The Lien secures
the principal sum of One Thousand Two Hundred Sixty Dollars and Five Cents ($1,260.05)
plus accrued interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
LOT 5, BLOCK C, WHISPERING PINES, IN ACCORDANCE WITH AND
SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 4, PAGE 17, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
FOLIO NUMBER: 81732320006
Collier County, a political subdivision of the State of Florida, and the Collier
County Water-Sewer District, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lian 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District,
acting through its Chairman, directs execution and recording of this Satisfaction of Lien,
by action of the Board this _ day of .2005.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
Approved as to form and legal
sufficiency:
FRED W. COYLE, CHAIRMAN
David C. Weigel
County Attorney
''''''"_'_~:''''''''~:'¡¡;ifi'_Ii€'_"'';'''''<'''''';'""'"'''''"'"''·'"''"''''__''
Agenda Item No. 16C2
March 8, 2005
Page 5 of 6
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement
with the following:
SPIKECO, INC., a Florida corporate seal and the hands of its
President, Jewell E. Foust.
Whose mailing address is
1082 Henderson Creek Drive
Naples, FL 34114
Bearing the date of the 21st day of February 2002, recorded in Official Record
Book 2985 Page(s) 0526, in the Office of the Clerk of the Circuit Court of Collier County,
State of Florida, which Agreement imposes a lien on the subject real property. The Lien
secures the principal sum of Fifty Nine Thousand Five Hundred Seventy Dollars and No
Cents ($59,570.00) plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida, described as follows:
THAT CERTAIN PARCEL OF LAND, LYING, BEING AND SITUATE IN
SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, MORE PARTlCULARY DESCRIBED AS:
FROM THE INTERSECTION OF THE EAST LINE OF S.R. S-951 WITH A
LINE LYING 501.493 FEET SOUTH OF THE ESTABLISHED NORTH
LINE OF THE SOUTH Y. OF THE SOUTH Y. OF SECTION 3, TOWNSHIP
51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN
SOUTH 89° 23' 55" EAST 1181.77 FEET, PARALLEL WITH THE SAID
ESTABLISHED NORTH LINE OF THE SOUTH Yo OF THE SOUTH Yo;
THENCE SOUTH 89° 26' 55" EAST 142.23 FEET TO ESTABLISH THE
POINT OF BEGINNING;
THENCE FROM POINT OF BEGINNING CONTINUE SOUTH 89" 26' 55"
EAST 125.00 FEETj THENCE SOUTH 0" 33' 05" WEST 744 FEET TO
THE CENTERLINE OF A COUNTY DRAINAGE EASEMENT,
ACCORDING TO AN INSTRUMENT RECORDED IN OFFICIAL
RECORDS BOOK 76 AT PAGE 127 OF THE PBULlC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE SOUTHWESTERLY 127 FEET
ALONG SAID CENTERLINE TO A LINE, BEARING SOUTH 0° 33'05"
WEST AND PASSING THROUGH THE POINT OF BEGINNING;
THENCE NORTH 0° 33' OS" EAST 765 FEET TO THE POINT OF
BEGINNING, AND
FROM THE INTERSECTION OF THE EAST LINE OF STATE ROAD S-
951 WITH A LINE LYING 501.493 FEET SOUTH OF THE ESTABLISHED
NORTH LINE OF THE SOUTH Yo OF THE SOUTH Y. OF SECTION 3,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, RUN SOUTH 89° 23' 55" EAST 1181.77 FEET, PARALLEL
WITH THE SAID ESTABLISHED NORTH LINE OF THE SOUTH Yo OF
THE SOUTH Yo; THENCE SOUTH 89° 26' 55" EAST 17.23 FEET TO
ESTABLISH THE POINT OF BEGINNING. THENCE FROM THE POINT
OF BEGINNING CONTINUE SOUTH 89° 26' 55" EAST 125.00 FEET;
THENCE SOUTH 0° 33' 05" WEST 765 FEET TO THE CENTERLINE OF
A COUNTY DRAINAGE EASEMENT, ACCORDING TO AN
Agenda Item No. 16C2
March 8, 2005
Page 6 of 6
INSTRUMENT RECORDED IN OFFICIAL RECORD BOOK 76 AT
PAGES 127 AND 128 OF THE PUBLIC RECORDS OF SAID COUNTY;
THENCE SOUTHWESTERLY 127 FEET ALONG SAID CENTERLINE TO
A LINE BEARING SOUTH 0033' 05" WEST AND PASSING THROUGH
THE POINT OF BEGINNING; THENCE NORTH 00 33' 05" EAST 788
FEET TO THE POINT OF BEGINNING, AND
FROM THE INTERSECTION OF THE EAST LINE OF STATE ROAD S-
951 WITH A LINE LYING 501.493 FEET SOUTH OF THE ESTABLISHED
NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF
SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, RUN SOUTH 89023' 55" EAST,1074.02 FEET,
PARALLEL WITH THE SAID ESTABLISHED NORTH LINE OF THE
SOUTH HALF OF THE SOUTH HALF TO ESTABLISH THE POINT OF
BEGINNING.
THENCE FROM THE POINT OF BEGINNING CONTINUE SOUTH 89023'
55" EAST 107.75 FEET; THENCE SOUTH 89026' 55" EAST 17.23
FEET; THENCE SOUTH 0033' 05" WEST 788 FEET, MORE OR LESS,
TO THE CENTERLINE OF A COUNTY DRAINAGE EASEMENT,
ACCORDING TO AN INSTRUMENT RECORDED IN OFFICIAL RECORD
BOOK 76 AT PAGE 127 OF THE PUBLIC RECORDS OF SAID
COUNTY; THENCE SOUTHWESTERLY 128 FEET, MORE OR LESS,
ALONG SAID CENTERLINE TO A LINE BEARING SOUTH 0" 36' 05"
WEST AND PASSING THROUGH THE POINT OF BEGINNING;
THENCE NORTH 0036' 05" EAST 810 FEET, MORE OR LESS, TO THE
POINT OF BEGINNING.
FOLIO NUMBER: 00725440000
Collier County, a political subdivision of the State of Florida, and the Collier
County Water-Sewer District, a political subdivision of the State of Florida, hereby
acknowledges receipt of paymenfîn fuR 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, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District,
acting through its Chairman, directs execution and recording ofthis Satisfaction of Lien,
by action of the Board this _ day of , 2005.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form and legal
sufficiency:
FRED W. COYLE, CHAIRMAN
DAVID C. WEIGEL
Agenda Item No. 16C3
March 8, 2005
Page 1 of 4
,.,-
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfaction of Uen for a
Solid Waste residential account wherein the County has received payment and
said Uen is satisfied in full for the 1994 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 1994 Solid Waste
Collection Services Special Assessment.
--
CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22,1995
provided for the recording of the list of 1994 delinquent solid waste collection and
disposal services special assessment and a mailing of a written notice of the imposition
of each residential unit lien. Resolution No. 95-475 was recorded on September 14,
1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of
Collier County, Florida, which placed a lien on certain residential properties for the 1994
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 1994
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 1994 Solid
Waste Collection Services Special Assessment Lien.
~
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service
Agenda Ilern No. 16C3
March 8, 2005
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16C-3
Meeting Date
RE!':{ mr!'~r;dôlti.:m {(I adapt;1 Rt=~whJtiQn II) êlpplOV~ th~ Sntl6filctmn of Uel1 lor d SnJld W<I$le
re$ICJentljJi :H:<:O\¡n! >J/t\t:!lel~ trle Co.¡nt'r' h¡~tJ r~ceivell paY!T!!~!~t aM ~.ald l.ltH; i~; '$atì<;;hed it"¡ l\.ill
for the =994 Söiid W;¡slp. Collection and Djsposa! Services Special A.5:f1eS¡¡;ment Fisca:
impar;;t is $2000 to rcr;ord the Sat!~fact¡on of Lief)
3/8r.?005 9: 00 00 M,,!
Approved By
Tt'ro!Jn Ri!r5~n
Revenue Manager
Oat!!
PUDhc Utlll1ies
UBCS
2!Hi!20QS 1 ;32 AM
Approved By
PamCaU!s
Rflvenuc $upervl'I.Of
[)alf>
Public Utilities.
uscs
2117/20058:26 AM
Approved By
John A. Yonkosky
Utility Billing l'Jirec1cr
Date
PUblic: UUJltles
UBCS
2/17/2Q05 3:0"" PM
Approved By
"Th\)1TI3i Wldes>
OperatiOflS> Dlre~tør
Date
Public Utllillft.'$
Public:: UtIIl{je$ oper<lt!on~
2123/20053:.11 AM
Appro\'cd By
J3.ITIU W. OeLony
Publlç Utilities. Admllll~trator
Date
PubllclJlilitle!.
Publl.. Utilitietô AdminIstration
2:12.5120059:00 AM
Approved By
OMB Cp( rdinator
Aòm!nl.s.lfiltlve Auh¡tan1
Oat.
County Manager's Office
omee ofManagcment" Budg!!t
2/25'20(1510:17 AM
Approved By
Randy Greenwald
M..)rtagem~"11Budget ÃI131)'$!
Dale
County MBrtSq-E't'!o Office
Office 01 Manng£>ment 8, BUdvet
ZIl6i2UOS 10;'':1 AM
Approved By
Mich.1el 5my~ow.'~kl
hlan09I1'mt'nt" Budget Dlrrdor
0.....
County Manüg~r's Onlc:e
Offlc;t 01 Manllgel'nerlt & Budge1
21251;l005 12:13 PM
Approved By
Lea E. Or;hs. Jr.
Deputy County Manager
Dale
Booml or County
C.ommlssiooer$
Cuunty ManaYl!r's O'fflCC(!
212512005 <4:.47 PM
Agenda Item No. 16C3
March 8, 2005
Page 3 of 4
This instrument prepared by:
Robert zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 37985760001
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:
De Greef, NicolaasJ=& Diana P
% De Flavis Construction
171 Commercial Blvd
Naples, FL 339420000
The Lien was recorded on the 14th day of September 1995, in Official Record
Book 2099, Pages 1338 through 1574, 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 Thirty Seven Cents ($104.37), 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 27 E 180FT OF TR 65 OR 1642 PG 2139
Folio No.
Project No.
Account No.
37985760001
64000
12441
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.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C3
March 8, 2005
Page 4 of 4
RESOLUTION NO. 2005-_
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1994 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 22, 1995 adopted Resolution No. 95-475 authorizing
the recording of notices of liens for the delinquent solid waste collection and disposal
services special assessments for 1994; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the 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
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1994 Service Year Solid Waste Collection and Disposal Special Assessment for the
following account numbered below, subsequent to the adoption of Resolution No. 95-475,
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
are 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 individually in the official records of Collier County:
Account No. 12441
This Resolution adopted this _day of
second and majority vote.
, 2005, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 16C4
March 8, 2005
Page 1 of 5
,,--
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions
of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1995 Solid Waste
Collection Services Special Assessments.
CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000
provided for the recording of the list of 1995 delinquent solid waste collection and disposal
services special assessments and a mailing of a written notice of the imposition of each
residential unit lien. Resolution No. 2000-236 was recorded on August 8,2000 in Official
Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County,
Florida, which placed a lien on certain residential properties for the 1995 Solid Waste
Collection Services Special Assessments.
.-
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall
be approved by Resolution.
The attached Resolution lists the two accounts that have been paid in full for the 1995
Solid Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $30.00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution
and authorizing the Chairman to sign the two Satisfactions of Lien for the 1995 Solid
Waste Collection Services Special Assessment Liens.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service
,-
Agenda Hem No. 16C4
M('\rcl1 8, 2005
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMM!SSIONERS
Item Number
Item summary
16(',4
r.(~,;cJn1O\er,d.ati(H1 to ¡¡doþl iI Rt!$()iUriol1 Ic: ..pprove the. Satll,factionl; 01 LlfH! fl)l Solì(~ 'Waste
le3i¡jtmtl¡11 ~¡:r;tn!rlt~i ,^,1)er~in !tIe CÙlmty has. recei·....ed pa)'rN~r¡t and r,¡¡¡jd Li~ns ar~ ~¡¡Iinfi~t In
tuli for the 19¡.¡5 S')lid Wa~te Ccllectiùn ilnd [lj¡;;pcsal Ser"ice5 Special Assessments, Fiscal
impaçt is $30 00 t(1 record the: Sallsfactions of Lier>
Meeting Date
::118i2005 90000 .ÄM
Approved By
Ter~:m Ríl!'st'n
RC'VlJ'nuli' ManillQClr
0.1to
r~lIbUc uurni.es
UBCS
2116120057:32 AM
Approved By
P.JmCillni'S.
RII!I/ÐOoe SOØ¢rvl'\or
Oatil!
.}uWic UtWtln
uaC5
2i17f200S B:27 AM
Appro,..ed By
John A.. Yonkosky
Utility Billing Director
Oat!!
Public UUlitieti
uses
2117/20053:08 PM
Approved 8y
'fl'1oma¡; W d~!.
Op~ratlons. Oìrt'ctor
Oate
Pub1lc Utllilif!s-
Publjç UtIliN(!'$ Oper¡¡IJol'HI
2j2JI2005 8:31 AM
Approved By
J3!TH~~ w. O~Umy
Public: UtlUfielo Admlnlstratol
Date
P\lblìc (JliI1ti~$
Public lJöHtíeli Admlnis-!ri.tlnn
ZfZ5j200S 9:01 AM
Approved B)'
01.18 CoordInator
ALiminis.lratllle Aul:!ltant
Oilb!
c.ounty Managtlr's ornee
Offic" of Manage~nt .. Budget
212SJZ005 1\1:45 A.M
Approved By
R.tOdy Gmenw;tld
Managcmentlß¡¡dgf!f ArHllys.!
Dal~
County Manðge('S Office
Office or Manogement ß Budget
212512005 '10.:53 AM
Approved By
MId1a~! Sm~·kow.'iki
Managem~nt 8. 8udget Director
D.1tlJ'
County Ma!UJg"\!I,'ii om.::!!
Office or MaÞla~em~rrt & Budget
2125/200512:16 PM
Approved By
L(lO E. Uch». Jr
D(1puty County M.nulgcr
Date
BU.lrd of County
Commls¡ioner5
County M8f1;1,yer'$ Office
Z/Z5/2{ D51S:01i PM
"·","~",",I"i;"'."''''''I__~'''',",","'_;'''"'';''';'.'''...
Agenda Item No. 16C4
March 8, 2005
Page 3 of 5
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 62093880000
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:
Gonzales, Julio
Cruz Gonzales
5342 Catts St
Naples, FL 341137853
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of
Seventy Seven Dollars and Seventeen Cents ($77.17), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
NAPLES MANOR ADD BLK 6 LOT 11 OR 1954 PG 2090
Folio No.
Project No.
Account No.
62093880000
65001
4734
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.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C4
March 8, 2005
Page 4 of 5
This instrument prepared by:
Robert Zachary
Assistant County Attomey
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 37985760001
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:
De Greef, Nicolaas J=& Diana P
% De Flavis Construction
171 Commercial Blvd
Naples, FL 341044764
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, 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 Two Dollars and Eighty Nine Cents ($102.89), 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 27 E 180FT OF TR 65 OR 1642 PG 2139
Folio No.
Project No.
Account No.
37985760001
65000
12894
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency
David C. Weigel
County Attomey
RESOLUTION NO. 2005-
Agenda Item No. 16C4
March 8, 2005
Page 5 of 5
A RESOLUTION APPROVING SATISFACTION OF LIENS FOR
CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995
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. 2000-236
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1995; and
WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official
Record Book 2707, Pages 3195 through 3273 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 1995; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
to approve by Resolution and record in the Official Records a Satisfaction of Liens 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 90-30, as amended the Board recognizes full payment and receipt of the 1995
Service Year Solid Waste Collection and Disposal Special Assessments for the following
accounts numbered below, subsequent to the adoption of Resolution No. 2000-236,
whereupon a lien had been recorded on real property pertaining to the accounts identified
herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein
are 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 these
Satisfactions of Lien individually in the official records of Collier County:
Account No.
4734
12894
This Resolution adopted this _day of
second and majority vote.
, 2005, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attomey
Agenda Item No. 16C5
March 8, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions
of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1996 Solid Waste
Collection Services Special Assessments.
,-
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
services special assessments 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 Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall
be approved by Resolution.
The attached Resolution lists the two accounts that have been paid in full for the 1996
Solid Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $30.00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution
and authorizing the Chairman to sign the two Satisfactions of Lien for the 1996 Solid
Waste Collection Services Special Assessment Lien.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service
~.
Agemj~ Ilem NO.1 GC5
March 8. 2(105
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16C::,
1-(~ç()rnr¡\er;datiol1 tD ¡jdopt ¡¡ R~;;()lull()n 10:' ¿1~lprove HI!", $¿¡tl!i!¡¡dW "¡H 01 \.IP.rI ~()I S()iiej Wm;]E!
lel;iejtmt1il1 iJ¡;cO".:n!~; ",..heldr, tI:e rO)i;n~y 1m:; r/WI~i·....ed PJlyn1ent ;jf)C: ¡;aid I..!~'~; an~ ~>alisri~l in
1ul! f0r tile' 9m; Solid Wat'lte Colle:r:.ton and Dis¡:,oBi11 Ser...,r:Bs Sper.Î3! Ass:es5rnent6 Fis.r.a
Impa::.: is $3')_00 to re,:;;orc the Sahs.fõ!clionó of Lien
Meeting Date
~¡IB.r:~CiOS 9 GO 00 .'\M
Approved By
h'fO:$'<! R¡!!'~en
ReVp.mfl? MmuagN
Date'
PutJHt' Utilities
USCS
2.116/2005 'r:32 AM
Apl)roved 8)'
P.lm Cams
Revenue ~u J~fVìsot
Dale
PubHc Utmh-es
UtiGS
1/17!2Q0,5 8:27 AM
Approved By
John ß,. Yrmkosky
Ulility SWinQ l)i'ÐCtor
Diltc
Public UtWtie$i
UBCS
2J1712005 3:06 PM
Approved By
ThQmas Wides.
Op'!latlons. Dlre(;tot
Date
Public Uti!i¡¡c,~
PUblic UtilWe~ opt'filtion¡;
2iZ~!2005 ":32 AM
Apl)toved By
J3!Y1~5 W. OeL<>I'IV
rub!!.; UUlltle'i- Adl1¡inlstrattH
DJt~
P~lb ic IJlìI!tlr.-:.
Puh!lc; !)1illtl~~; Administration
2,JZSiZQoc. 9:01 AM
Approved B~!
OMB C!)(JII:hna.lor
AtJininhj,trallve As.~lst<:trlt
D~te
County MaM!}ar'S Office
omJ;1\ ot Man,;¡gement &. Budgr.1
1f25!20QS 10:"S AM
Approved By
Ral'ldy Gmenwalrl
Mi1,,~g~!mN"lEl{-; ,tJdgel AA6lys!
Da.le
COlJnty Manoger',¡ Offll..:e
Office of ManQqement " ~udlil(':t
112!i121JOS 10:£,' AM
Approved BJ.'
M!ch.1e! Smykow,d,ì
fA/..n¡¡çp.mtml & 6udgoN Dir!!'ctof
n.lle
County Manag~¡'s Office
OffIce Of M<anagement & Budget
2/25/20<1512:58PM
ApJlro"'ed By
Leo E. Ochs, .If
Deputy Count V Miln~gcr
Dale
Board of County
CQmmissÎoners
County Manager's. Office
1i25120Q5 5:14 PM
Agenda Item No. 16C5
March 8, 2005
Page 3 of 5
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamlami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 37985760001
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:
De Greef, Nicolaas J=& Diana P
% De Flavis Construction
171 Commercial Blvd
Naples FL 341044764
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 27 E 180FT OF TR 65 OR 1642 PG
2139
Folio No.
Project No.
Account No.
37985760001
66000
14397
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.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W COYLE, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attomey
Agenda Item No. 16C5
March 8, 2005
Page 4 of 5
This instrument prepared by:
Robert Zachary
Assistant County Attomey
Office of the County Attomey
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 62093880000
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:
Gonzales, Julio
Cruz Gonzales
5342 Catts St
Naples FL 341137853
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:
NAPLES MANOR ADD BLK 6 LOT 11 OR 1954 PG 2030
Folio No.
Project No.
Account No.
62093880000
66000
23980
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 Chainnan, directs execution and recording of this
Satisfaction of Lien, by action ofthe Board this _ day of , 2005.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W COYLE, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
._""''''',_.''''''',,","".......''''''''...''',,'''';"'"",,'''.,..,"
RESOLUTION NO. 2005-
Agenda Item No. 16C5
March 8, 2005
Page 5 of 5
A RESOLUTION APPROVING SATISFACTION OF LIENS FOR
CERTAIN ACCOUNTS THAT HAVE PAID IN FULL 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
Record 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 Liens 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 accounts
identified herein. The Satisfactions of Lien attached hereto referencing the accounts
identified herein are 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 these Satisfactions of Lien individually in the official records of Collier
County:
Account No.
14397
23980
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:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 16C6
March 8, 2005
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve conveyance of an Easement to Florida Power & Light
Company (FP&L) as required to provide electrical power service for the Reuse Pumping
Station at the North County Water Reclamation Facility (NCWRF), Project 739501, at a
cost not to exceed $18.50.
OBJECTIVE: For the public purpose of maintaining and ensuring the reliability of the
NCWRF to stay in compliance with all laws, to meet peak wastewater demands, and to provide
reliable service to our wastewater and reclaimed water customers.
CONSIDERATIONS: The NCWRF Expansion To 24.1-Million Gal10ns per Day (MGD)
Maxìmum Month Average Daily (MMADF) Flow Liquid and Solids Stream projects, which
are currently under construction, will add an additional 6.5-MGD MMADF of wastewater
treatment capacity to the plant. The Liquid Stream and Solids Streams are contractually
scheduled to complete by June 25, 2005, and February 16, 2006, respectively.
During the course of the current Liquid Stream construction, construction contractor, Encore
Construction discovered an existing buried electrical duct bank that conflicts with the
installation of a new reclaimed water screening structure. It is therefore necessary to relocate
the existing duct bank and to construct a new section of duct bank for continuity of electrical
service to the Reclaimed Water Pumping Station. Both legs (relocated and new) of the duct
bank will require the granting of an easement to FP&L so that they can construct and install
their new electrical facilities (duct bank, cables, and a new power pole) to serve the Reclaimed
Water Pumping Station reliably. FP&L has estimated their material and labor costs for the
existing duct bank relocation and new duct bank work to be approximately $14,000. Encore
Construction has agreed to a change order to their construction contract for this work with no
mark up for overhead and profit (i.e., a direct pass through of FP&L's costs). Therefore, a
future change order will be brought to the Board under the Board's Administrative Report
procedure for approval. However, FP&L requires this easement to be approved and recorded
prior to scheduling this work in their work order queue. They have indicated that there will be
a five-week lag from the time it is placed in the queue until the actual work will be perfonned.
Time is of the essence so that we do not delay Encore's aforementioned contractual completion
dates.
Based on the scenario above, one new ten-foot wide by approximately 4100 feet long easement
is required on the NCWRF property off of Goodlette-Frank Road to accommodate all necessary
electric service equipment to provide sufficient electric power for the wastewater and reclaimed
water facilities. The easement has been reviewed and approved by the County Attorney's
Office.
FISCAL IMPACT: The total cost will not exceed $18.50 to record the easement. Funds in
the amount of $18.50 are available in this project. The source of funds is Wastewater Impact
Fees.
,-
Approve FP&L Easements - NCWRF
Page 2
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management
Plan related to this action. This project is consistent with the 2003 Wastewater MasterPlan
adopted by the Board on 5/25/04, Item IO(e), and the FY05 Wastewater Capital Budget
adopted by the Board on 9/24/04.
Agenda Item No. 16C6
March 8, 2005
Page 2 of 6
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District:
1. Approve the attached easement to provide new electric power service to the NCWRF,
project 739501, at a cost not to exceed $18.50.
2. Authorize the Chairman to sign the easement document.
3. Authorize staff to record the easement.
PREPARED BY: Peter Schalt, PMP, Interim Principal Project Manager, Public Utilities
Engineering Department
'-'
Agf.mda Hem No. 16Cr:
M~rdl 8, 'ODS
Page 31)1' 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
ltam Summary
15/':6
r~er..onHM~r1d;5ti(ln to approve: <! rl~W e¡JHf.: J¡~n~ to be deed~: o Fiord.. PO'Ner 8. Uqht
COI~lp:U1Y (FP&L) 101 ~le(:¡r¡(;ai powel !.erv¡¡;!!' fw the Reuse PiJlTlpir-g St.atlOfJ at the N('fth
COU'"1ty 'Water Rec..!arr.ation Facility (NCWRF), Proj~c.1: 7::,9501, tor a minor re:::ùrdi.'1g ~I'I
Meeting D.1e
3r8/2005 9:0000 AM
Prepared By Dale
Petltr Schall S(!'nior PfOjOt:1 Manager 2119Y¿OO.s 4:3~:10 PM
t~ub¡¡c UtilitiES Public Utilities Engineering
Approved By
Lyn Wood Purchit~ng Aglmt Dñte-
Admhtistratl'Je Sefvic.e" Purchuing 2122120054:47 PM
Approved By
SttweCarncll Purc:!\uil1gi(:¡enem! SIo'c.& DIrector Dalf:
AdrnJn¡1ittilti...~ t'etvh;~,. P\lrchBsing 2'231200510:27 AM
Approved By
Ju~eph B, Cheatham W3!oleW;Jiter Dtrecto'· Date
P~lbIJG ¡mUti~s Wa$[~Warer Ttp..atmr.nf' 1I23i70(]511:22.AM
Approved B)-'
Roy S. Änd!HSI)I1, P.L PUblic Utilities E.l1g!tI(;erlng Dir~(:tu DatI!
Public UtUHj~,'S PlJblì(; Utj j je$ E.nDln~tln!1 21231200512:37 PM
Approved By
Thomas V'Jides Operation.!> Qlrl!!L'tul Date
PlJbU(; Utlntle~ rubllc Utilities operations 2124/2l1[1511:62 AM
Approved By
Jùtn.es W. fJeLony PUblic UtIHtÎlII"& Adminl",tmtor D.ne
¡'¡ubl!ç Utilities f.Jublic Uttlltles Administration 2r25f2'005 9:07 AM
Approved B~'
QMS CDOrdinfttor AdminìtõtratllOe Assistant Dale
Caunty Nlan;!Jger'ä Qtl'ic~ Office of M¡magement & Budget 2126/200511:17 AM
Approved By
SIJ-s.,n U&hl!\f 5t:níor Mitnagi!lTIenOeud}' et ArMly.st (I¡¡te
County Manl.lgel'$ Orne.!!: Office or M.J"HgenHmt & Buuget 2/2512005 <I:3;:¡ PM
Approved By
Mìchael Smykowski M.lnagement & 8udgêt Director Date
COIJUly ManalJt!r'~ Offlc~ om~r. of Man.agcmC!"I & Budgïtt 21281200512:17 PM
Approved By
Leo E. Ochs, JI. D~puty Count).' Menager D,1\e
Board af County
COlI\fI'Iístilone-I!> County Manager'1> omce- 2/28120061:58 PM
..
EASEMENT
Form 3722-A (Stocked) Rev.7/94
Agenda Item No. 16C6
March 8, 2005
Page 4 of6
Work Order No. 1437116
Prepared By:
Name: Mark K. Johnson
Co. Name: FP&L Co.
Address: 4105 S.W. 15th.Ave.
Naples, Fl. 34116
Sec. 27. Twp. 48. Rge. 25.
Parcel J.D. 00167840006
(Maintained by Property Appraiser)
The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and
receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents,
successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground
electric utility facilities (including wires, poles, guys, cables. conduits and appurtenant equipment) to be installed from time
to time: with the right to reconstruct. improve, add to, enlarge. change the voltage. as well as. the size of and remove such
facilities or any of them within an easement 10 feet in width, described as follows:
An FP&L Company easement more particularly described on Exhibit "A" attached hereto and made a part
hereof. Said legal description and sketch prepared by Jerry L. Riffelmacher of Hole Montes, Inc.
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay
cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and
egress to said premises at all times: the right to clear the land and keep it cleared of all trees, undergrowth and other
obstructions within the easement area; to trim and cut and keep trimmed and cut aU dead, weak. leaning or dangerous trees
or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or
power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all,
the rights hereinabove granted on the land heretofore described, over. along, under and across the roads. streets or
highways adjoining or through said property.
IN WITNESS WHEREOF. the undersigned has signed and sealed this instrument on this _ day of
,2005.
Board of County Commissioners
Collier County. Florida
By:
Fred W. Coyle. Chairman
3301 Tamiami Trail East
Naples, Florida 34112
Attest:
Dwight E. Brock, Clerk
3301 Tamiami Trial East
Naples. Florida 34112
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GRAPHIC SCALE
!I~ _'.J 21"
~- I
( IN FEET )
1 mc'h _ 00 ft..
L2
J
! LEGEND
! POC POINT OF COUMENCEMENT
~ POS POINT OF SEGlNNING
I POT POINT OF TERMINA TlON
" SEC- TWN-RGE:
I 27-4&-25
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:s.LR 8-5214
11M
IIIIIS'~ '9II'1II5
50
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P~C
NORTHEAST CORNER
SECTION 27-48-25~
L
LINE
L1
L2
L3
L4
LINE TABLE
DIRECTION
N 66'00'30" W
S 03'27'14" W
S 69'23'50" W
N 00'36'10" W
N::'.~"34~n
Ph....: (841) 254-2000
Florida CerllflOGtI of
Author1zaflon 110.177%
I
· NOT A S"';; /~ ;;:, ,~:.~
IlllYUlIIIIØI1
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~~= SKETCH AND LEGAL DESCRIPTION
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Agenda Item No. 16C6
March 8. 2005
Page 5 of 6
POB
LEGAL DESCRIPTION:
A 10.00 FOOT WIDE EASEMENT LOCATED IN A POR110N or SECTION 26.
TOWNSHIP 48 SOUTH, RANGE 25 EAST. COWER COUNTY. FLORIDA, LYING 5.00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CEN1IRUNE:
COMMENCE AT NORTHEAST CORNER Of SECTION 27, TO'ttfo SHIP4B SOUTH.
RANGE 25 EAST, COWER COUNTY. FLORIDA; THENCE RUN S.00"27·02"E..
ALONG THE EAST LINE or SAID SECTION 27. FOR A DISTANCE or 3807.2B'
FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED OEN1IRLlNE;
THENCE RUN N.BB'OO'30"W.. FOR A DISTANCE OF 142.94 FEET; THENCE RUN
S.03"2T1o ."W.. FOR A DISTANCE OF B1.'40 FEET; THENCE RUN S.B9"23'5O"W..
FOR A DISTANCE OF 95.54 FEET: THENCE RUN N.OD·:56'10"W.. FOR A DISTANCE
OF 17.50 FEET. TO THE POINT or 1FRMINAl1ON "OF THE HERÐN DESCRIBED
CEN1IRUNE. CONTAINING 0.07 ACRES, MORE OR LESS.
N01ES:
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER VA l10NS OR RES1RICl1ONS
OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE EAST UNE OF SECl10N 27,
TO'ttfo SHIP 48 SOUlH, RANGE 25 EAST. COWER COUNTY. FLORIDA. ÞS BEING
S.DO"27'02"E.
THE SIDELINES OF lHE HEREIN DESCRIBED CEN1ERUNE ARE TO BE LENGTHENED
DR SHORTENED TO A LINE WHICH RUNS S.00"27'02"E. TO THE POINT OF
BEGINNING AND TO A UNE 'MilCH RUNS PERPENDICULAR TO THE POINT OF
TERMINATION.
HOLE MON1ES. INC.
CERl1RCA TE OF AUlHORIZA TlON NUMBER LB 1772
P.S.M. 16130
ST"TE OF FLORIDA
01.096
DIIIf1'I.-3
Agenda Item No. 16C6
March 8, 2005
Page 6 of 6
EVENT
und Acqui.ltlon $I
und U.., ZOnln ..
Deølgn/Permlt I $:1......12
Conatructlan $H.m.IU
I
Inll JØCtlon .1,u4....
Project Total $:18,'171,778
- ':-!~~!t>~
, ftö2 '" ' FY03
2002 --L- 2003
!;~ji':ii~z~ij~.i~¡~r:~¡~'~[] FY05
I . ioN --L- 2005
Project Name:NCWRF Expansion To 24.1-MGD MMADF - Uq Stream - Project No. 739501
Qtr1 Qir2 Qtr3 ,QtriI Qtr1. Qtr2'Qtr3Q Ñ' Qtr1 Qtr2Qtr3 Qtr4, Qtr1'Qir2 Qtr3.QtriI .Qtr1;Qtr2 i Qtr3;Q Ñ
Recommended Action: Recommendation to approve a new easement to be deeded to
Florida Power & Light Company (FP&L) for electrical power service for the Reuse Pumping
Station at the North County Water Reclamation Facility (NCWRF), Project 739501, for a minor
recording fee.
Agenda Item No. 16C7
March 8, 2005
Page 1 of 10
EXECUTIVES~Y
Recommendation that the Board of County Commissioners, as Ex-
Officio the Governing Board of the Collier County Water-Sewer
District, declare the QualServe Workshop a valid and proper Public
Purpose and approve the expenditure for an on-site QualServe
Workshop in a sum not to exceed $500.00.
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing
Board of the Collier County Water-Sewer District, declare the QualServe Workshop as a
"valid and proper public purpose" and approve the expenditure of a sum not to exceed
$500.00 for a QualServe on-site Workshop Closing Session continental breakfast
meeting.
-
CONSIDERATIONS: QualServe is a joint program of the American Water Works
Association (A WW A) and the Water Environment Federation (WEF) that has compiled
the results and infonnation from a Self-Assessment survey participated in by one hundred
(100) Public Utilities Division staff to assist our staff with a detailed Self-Assessment of
all aspects of our water and wastewater utilities. Subsequently, a Peer Review Workshop
with representatives from six (6) other utilities will occur during the week of March 14-
18, 2005. The QualServe team and representatives of Collier County plan to gather to
review the collected data, ''best practices" and areas to be targeted for improvement. It is
customary to host a continental breakfast meeting at the Closeout W orkshop (on the last
day of the session). At the continental breakfast meeting the entire Self-Assessment
group gathers to hear a final report of the Peer Review findings and then breaks out into
individual work groups to address evaluation comments for alternative solutions, relevant
data, and more immediate and site-specific considerations. Staff requests that the Board
approve this expenditure and declare that this on-site workshop breakfast serves a valid
and proper public purpose.
This Workshop will provide our utility with the opportunity to share its business practices
and metrics with representatives of other utilities and to gain their feedback as to
improvements that should be initiated as a result of their on-site assessment. The
members of the Peer Review team are volunteers and, as such, provide our utility with a
broad experience level at minimal cost. Finally, by conducting this assessment at our
utility, we are able to optimize the focus of the team during the week that they are on-site.
OTHER CONSIDERATIONS: The Executive Summary has been reviewed by the
County Attorney's office for legal sufficiency, and has been reviewed by the Purchasing
Department and the Clerk of Courts, Finance Department.
,-...
FISCAL IMPACT: A total not to exceed $500.00 will be paid from Project No. 72531,
Fund 414, wastewater user fees. This expenditure was included in the fonnulation of the
Project budget when it was approved by the Board on October 26, 2004 as Agenda Item
16C4.
Agenda Item No. 16C7
March 8, 2005
Page 2 of 10
GROWTH MANAGEMENT IMP ACT: Approval of this Executive Summary will
have no impact on Growth Management.
RECOMMENDATION: Staff recommends that the Board of County Commissioners,
acting Ex-Officio as the Governing Board of the Collier County Water-Sewer District,
declare that the described QualServe on-site Workshop closing session continental
breakfast meeting will serve a valid and proper public pwpose, and approve expenditure
ofan amount not to exceed $500.00 to pay for this Workshop.
Prepared by: Barbara OIko, Administrative Assistant, Public Utilities
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Agenda Hem No. 16C'1
Mardl 8, 2005
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number
Item Summary
1sr;7
Meeting Date
r.:.tec~ mrr'lendatk!f\ That th~ Bmm 1)1 C,('lJf11~ Cmnmlf'.!;IOneffi, at! E)I-Oni,:;!f) the- Gov~,rnlr1g
8Q¡)rd of It!i!' CQllier Cmmty W¡¡ter~6f!wer l)i!;trid. ¡jedare the QualSefve Wnrkii;hot: a v¡¡¡lld
and proper Public PlJrpofòe and apprQve thp. ~I(penditur~ inr an on-I!.ite Q\'a1S~I"..e Workshop
in a sum not to ~)(ceed $500. ao
118í~~005 900:00 AM
Approved By
f)t!!'\l1!' Carnell
Purch.¡uingIOencn.t SVCIi Director
Date
Admìnlstrati...e Se~v¡ce~
Purchas.ing
2111/200511:21 AM
Approved B~'
JO$C'ph S. Cheatham
Wastewater Dir«:¡ctor
Dale
pu blic UtiHtles.
WnteWatflr lteattn.ent
2/11120055:25 PM
Approved By
Thomas Wide.s
OperJltloll3. Director
Dat!!
PUblic Ulllltlteii
P\!bUc UtUlllflti Oþl!!utioru,
212"1200512:07 PM
Approved B)'
James. W. DeLony
Public Ut¡liti*s Àdmjnls,tratof
Date
Public UtIhUCT!$.
Public UtHlIir.i ; Aámff1h¡trt~t¡on
2f26J20a5 1 :611 AM
Approved By
OMS Coortllllator
AdminIstrative Ä!:is,i:>.tant
Date
County M.nllg~r't. nffl(;(t
OM,,!!' Df Manilgèlnr.nt Ii. B1JdDd
2:!251::006 4:03 PM
Approved By
SIISiHl Ushèt
Senior Ma :lijeTtl~ntlBudl1et A.nuly¡,t
Døl!!
County Manager'.. 01'Tice
Orr1CÐ of Matlagr!n1ent & Budget
2I2Si2n05 ~U2 PM
Approved By
M!ch:u!1 smykoW!lkl
Managrtmenl & B~ldget Oitl1'Glor
Dale
County Manogef'i Offl<.:e
Office 01 MD"¡]gem~nt & Budget
ZlZS1200S 10:.n AM
Approved By
Leo E., Och$, Jr,
Deputv (;O\!nty Mfln¡¡g~t
Date
BOiUd l.f Counly
Commluionor!>
County ~':J/1aQer'5 01't¡~
2J28/2005 .4~1" PM
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Agenda Iterrp~ 1~~e6
Marc'ñ"'S", 2tfáb
Page 4 of 10
-' - .----
ORDINANCE NO. 87w..1..
C/Þ
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AN ORDIN,J.NCE AU'mO!tIZING cDVJ:N ~E1tSON1ŒL
RE:LM.'£I) EXl'ENDI'l'U1ŒS AND !STABtISB'tNG !l'HA!t'
SUCH EXi'EN'DI'l'URES ARE FOR. VALID JI.NI) PROPER
COUN'l'Y PtmPCSE:S I PROVIDING ~ PURPOSE AND
INTENT; PROVIDING FOR '1'iΠAU'l'HORIZED
EXPENDITURE or COVN'l"i FUNDS J SE'l"1'ING roR'M A
._ . PRoCEDURE FOR APPROVAL OF snCIFIo
...;¡ ·~.ENDI'I't1lŒS; PROVIPING CONnIC'r Nm
~J ...... : ".SEVERABILITY: 1>ND PROVIDING AN EFFECTIVE
....: ~ ·:~5tftTE.
'ì~, pUJ:"suant to the authQri1:.y granted .1.n seoticm
-. ...,
. 125.01, .rl~dda statut.es, the Boa.r~ of cOunty Comm1..donérs of
.:,
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Collier Count:y, .Þ'lorida, AS the legislative and goV'er11.lrig ~Y.o£
Collier county, hu the pOWer to ca.rry on county 9DVernment and
exercise its powers and dut1s$ to ~he extent not inoQttsi.~ent
withgeneral.or ..pecial lawI and
waEaEÞ.S, Sect:.1on 125;01(1) (t), Florida S~~tu.t:es, aut,hoJ:Íl.e&
the Board of County Commis,.;ioner. to adopt ordfnanoec ~
resolutions necessary for the exercise of its powers, and
WHEREAS, Section 12S.01(1)(w), Florida sta~ute8,expresslY
...
authori:es the Soard of County Commissioners to perform anY act.
not inoonsistent ~it:h 1&11. which is in the CCØIICn interest of the
people of the county, aad
W!ŒREAS, the B04rð of CC\U1t:y CCIII'II1aa1oners 18 c.1esirowr of
creating. wi thin collier CoUnty gove2:nment, includ1ng
constitutional officers and their emplorees, a more pro4uct!ve
and efficient working environment; and
WHEU.UJ this goal can most effec:tively be attained by
enhancing wnployee prcduct1vity and, in 1:his regard, providing
incentive for superior job~.related achievement; AM
WRElU:.\.S, it 15 recognized that the promotionlmd engendë%'.1ng
of good Will 1;Oward the county is an important f~çtor atfec:~ng
the pride of countY emPloyees in their work, and
WBERE~, it: 1s anticipated that aceompli&bment of these
goals will benefit tbe residents of collier county by provld1ng a
more effialent and re~ponsive local government to serve the needs
of the people of Collier County.
IOUX
026~rJ, 72
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Agenda ItelTbt\lQ..16.Cl'E!6
Mar'c:ti~ 26ö5
Page 5 of 1 0
..... .
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~UL~L~~ ~UU~IY HK
_ ._. . .___w
NOW I 'l'KEREFOlŒ, Ð! I~ ORDAINED BY '1.'RB J30ARD OF c:oUlftY
COMMISS¡CNERS OF cor.r.I:B'R CODN'lY, FLORIDA:
SEC'rION ONE.. PUrpose and In"o:ent
It sha.ll De tbe purpo$e of thi* orcÙnancs to enhance c:ou.nty
employee þro~uctivltYJ promote and eßiend~ 9004w111 ~ow&rd
county qoverr¡mel\t within the COm:mmitYI éhCcLt%&g'e IhCreasf:d
employee responsiveness ~~ the needs and r.~es~ of the cit11ens
and residents of the county I an4. provide inaent:ives for thlll
attAinment of these gods. :t'h1s ot:d1nance shA11 be liberally
construed to effect its stated purpose and intent.
SECTION 'l'WO. Autbcd"d Elqlendltuns of CoWl.ty rUMS
In order to aacompllsb the goal. &D4 effoctuate the purpgl.S
of this orctlnance, the followinc¡ e;kpencUtures at'1! c!eemed to
constitute valid and þr~ county pw:poseø for whioh county'
funds may be used:
1. FUnding and i're#ent:ation of the followb.g &W~s:
J... .J,wards to county employea;;
i. For recognition cf outstanding .service OJ:'
aoh1eve/lulnt. in conneotion with COtUltr
empl~þ.t:.
H_ For reco;D1tion AfJdIo~ successful
particlpatiQn .t..n an etøployee INgge.tieD
program; Gafe~ 1nc.n~ve program, a~tendanc8
incentive PtoC¡:t"BlD.1 safety id.ea of the ntOk11:h
contest; emplo~e of the !!IOnth p:rograntl
eD1ployee Assistance program And odaer ..b&f.1ar
product.1vi ~ .11aprovament contests and.
programs.
Hi. For reoor¡nit!.ot\ of 5, 10, 15, 20, 25, &nð 30
years of county service.
B_ Awards to individuals or cClØllßU1.1tr service groups
t.o recoçni7:e volutlteer services or donations .af q1fta tQ the
county or beautification of the count.y.
C. AwaÑ. to members of county -.r1rlsory boards or
cori\l'1l.1 ttees -
",
IDIII D"2E PI';! 73
2
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Agenda Item~16Glle6
Maréh'1S:-20ö~
Page 6 of 10
D. The awards lIL1.y include purchase 4N1 presentaUcD of
fr~ plaques or certificates, pins, cash and other Bu!table
tokens of ~ecognition.
2. Refreshments such as caffee, dou;bnuts, pastries or
other liqht snacks served to employees at open house, orientation
meeting$, in-service training andwotks~QPE.
3. Luncqeons or d1nn.ers to reccgn111i:e and pay t.t~te to
employees for longevity af service. ~ls program 5h~11 not
include expenditures for alcoboUo beverages, nor shAll it
!nolu~e expenditures for ~U&è8 of employees.
4. seasonal at holiday promo~1onal'expenditurea des1gne~ or
intended to promote or engender good will toward the activlt1es,
services anc:1 ·projects of the countY' or to etlþanc:e the 1ma~ of
oOUllty gO\rernment within the éomnmity.
".
S~C1.!0N '1'HRE!:.. Appronl of '1'be Þurpose of ~dl"tUres· By· ,"
Resolution
No expen~~eSl of county funds for any of the ~ove
enumerated purposes shAll bð made t.tnleas the Beard of county
CetmlislJiot1ers adopts ar has adapt.eèl An i.m,plementing resolution
sett:ing fortb. the specific pUrpOse of 'the ex;penditut-e.
SEC'l'ION FOrm. Conflict atW, Sl!lver;ablli~
In the event this orð..1.n4nc:e conflicts with any other
ordinance of collier County or other applicable law, the more
res~rictive shall apply. If UY' phrAse or portion of the
Ordinance is hel~ invalid or ùñQonst~tutio~ Þy any éOurt of
competen~ jurisdiction, such portion shaJ.l be deeøaed. a separate,
distinct and inc1epenðent providoD and such baldJ..og shall not
affect: the v41i~ity of the r~n1ng portion.
SEC':L':ION FIV£. Effective DAt:e
~1:i Ordinance shall bec:omø ef.fective ~n receipt of notice
from the Secreta.ry of sta.te that this oid1nance baa been fill!d
w1 th the secretary of st:a.tè.
loolC U26'\tr.r 71
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Agenda Itel1'ì::bl.Eà.1 ~/e6
Marcf1S';' 2òt15
Page 7 0
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PASSED AND DULY 1,.OOPT£D b1" the Board of county conxmi..1one1'S
of collier CQunty, Florida, ~. !2!:h...dQ' of VabruarI.r
,
1987.
Clerk
BOA1\]) OF c:outt'n COMMISSIONDS
:;£i~
Max A. Hasse, Jr'r rrrIaJ1
""'It cn:IIl'ICIfQ IIlfå "Ith !he
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Agenda Ite!1l-~ 1~71:1b
March 8, 2005
Page 8 of 10
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STA~~ OF FtoRID~ )
COUNTY ,Of!' COLLIER )
r, J~5 C. GILES, Cletk o£'cour~s in and for the Twentieth
3udiclðl Circuit, Collier County, Florida, do hereby certify tbat the
fo~egoing is ð true copy O~L
ORDINANCE 87-5
which was ððopteð by the Boa~d ðf County CQmmissioners on the 17th
day of Febru&ry, 1987 during. Regular session.
WITNESS my hand ðnd the ofticiel seal of the Board of County
Commissioners of Collier CountYI Flo~lða, this 17th day of
FebruAry, 1981,
.~
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JAMES C. CItES . _~ø."'~JS.lq.I' ..... .
Clerk of Cout't.s ~~iiik~~;:'~"'"
Ex-officio to Boa~ òf .:. . ..).j.~,..~..~'.
Co . ,~..... .,~. '..". "~ .
unty., ~....o~-=ø._ M ". .;¢ :' ~;
.. "'" .~I.:.,:.~:
, . .:~ ~ ':t~¡· J::- :
~"~": '. ~ ..- ~
rQ'.inie MðQlri h..:..... ............ ".~
Deputy Clerk vr,r¡..·....··..·
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aOOK U26 Plr.! 76
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-
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Agenda Item No. 1 C7
March 8, 05
Page 9 10
RESOLUTION NO. 2001 - ...!lL-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA, APPROVING THE EXPENDITURE OF
COUNTY FUNDS FOR FUTURE COUNTY TRAINING SESSIONS, JOB
FAIRS, OPEN HOUSES, ORIENTATION SESSIONS, KICK-OFF
MEETINGS, PLANNING WORKSHOPS AND EMPLOYEE RECOGNITION
MEETINGS, LUNCHEONS AND DECLARING THAT SAID
EXPENDITURES ARE AUTHORIZED AS SERVING A VALID PUBLIC
PURPOSE.
WHEREA8., the Board of County Commissions regularly holds training and
orientation sessions for the enhancement of employee skills; and
WHEREAS, the Board of County Commissioners regularly holds job fairs and
open houses to attract qualified job applicants; and
WHEREAS, the Board of County Commissioners regularly holds planning
workshops to develop and promote the goals of County divisions and departments; and
WHEREAS, refreslunents such as donuts, muffins, pastries, cookies, coffee, tea,
juice, soda, pizza, sandwiches and light snacks have been and will be made available to
those attending t~ese ~essions, fairs, open houses, employee recognition
meetings/luncheons, kick-off meetings and workshops, and supplies, such as napkins,
cups, plastic utensils, paper plates, tablecloths, and coffee stirrers are used for the
sessions, fairs, open houses, kick-off meetings and workshops; and
WHEREAS, Collier County Ordinance No. 87-5 allows for expenditures of
County funds to enhance County employee productivity, and recognizes that the
promotion and engendering of good will toward the County is an important factor
affecting the pride of County employees in their work, provided that the Board of County
Commissioners adopts or has adopted an implementing resolution setting forth the
spl:Citic putposes of the expenditures; and
WHEREAS, the Infonnation Technology and Purchasing staff held an employee
recognition luncheon I meeting on March 6,2001 at which costs in the amount of
$186.00 were incurred for hamburgers, salads, desserts and soda; and
WHEREAS, the Board of County Commissioners shall, in the future hold training
sessions, job fairs, open houses, kick-off meetings, planning workshops, and employee
"
recognition meetings, luncheons at which expenditures for refreshments such as donuts,
muffins, pastries, cookies, coffee, tea, juice, soda, pizza, sandwiches, light snacks,
~-!! /f
~ l?'
.~r
¡/
/ napkins; cups, plastic utensils, paper plates, tablecloths and coffee stirrers will be
.J
Agenda Item NO.1 C7
March 8, 05
Page 10 10
1/
~/ .
incurred.
;,1'-,
"
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY .
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
/~!'
1. The Board further finds that for future training sessions, job fairs, open
houses, kick-off meetings, employee recognition meetingslluncheons,
planning workshops expenditures for refreshments such as donuts, muffins,
pastries, cookies, coffee, tea, juice, soda pizza, sandwiches, light snacks,
napkins, cups, plastic utensils, paper plates, tablecloths and coffee stirrers
serve the valid public pUlpose of promoting and engendering good will toward
County Government and increasing productivity and for those reasons are
approved for future training sessions, job fairs and open houses, kick-off
meetings and planning workshops. The Board hereby authorizes
disbursement of moneys to pay for said expenditures.
2. The expenditures in the amount of $186.00 for the Infonnation Technology
and PUrc1rãšing stafrëinployeerccognition luncheon I meeting held on
March 6, 200] arc hereby found by the Board to serve a valid public and arc
ratified and approved. The specific expenditures ratified and approved arc¡
cheeseburgers, sa!ads, desserts, sodas, paper plates, cups, napkins and plastic
utensils.
3. This Resolution repeals Resolution No. 98-478.
This Resolution adopted after motion, second and majority vote favoring same.
Di\JEIâ¡;;;~ .
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t f.J; ,jÀttest as to ChiùÌTÍ1.'an. '9
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APiirovèd:âho fonn and
Legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLO A
James D cr, Ph.D., Chainnan
'1-10 -01
d~~
~VV'David C. Weigel
County Attorney
Agenda Item No. 16GB
March 8, 2005
Page 1 of 3
,.,...-...
EXECUTIVE SUMMARY
Recommendation to reject all bids for Bid 05-3766 and to provide authorization to
re-bid for "Pigging Station for Immokalee Road 30" Force Main", Project 73943.
OBJECTIVE: To encourage competitive bidding to get the best pricing for the County
for the construction of a Pigging Station for Immokalee Road 30" Force Main.
CONSIDERATIONS: Bid # 05-3766 was advertised on December 14, 2004, and bids
were opened on January 18,2005, in accordance with County Purchasing Policy.
Three bids were received. During the bid evaluation period, staff learned that there was
confusion among the bidders over language in the bid invitation regarding overtime and
after hours work and that the County had not provided sufficient clarification regarding
this issue prior to opening the bids. In light of this, staff recommends that the bids
received be rejected and that bids for the project be re-solicited.
_.
FISCAL IMP ACT: This request has no fiscal impact. Funds in the amount of
$2,343,636.49 are available for the work to be re-bid in County Project 73943 - Pigging
Station for Immokalee Road 30" Force Main. Source of funds is Wastewater User Fees
(414). This project is consistent with the 2005 Fiscal Year Capital Improvement Budget
approved by the Board of County Commissioners on September 23, 2004.
GROWTH MANAGEMENT IMP ACT: This project does not affect the Goals,
Objectives and Policies of the Collier County Growth Management Plan and is consistent
with the 2003 Wastewater Master Plan adopted by The Board of County Commissioners
on May 25,2003, Agenda. item 10 C.
RECOMMENDATIONS: Staff recommends that The Board of County Commissioners,
as Ex-officio governing board for the Collier County Water-Sewer District, reject Bid OS-
3766 and authorize the staff to re-bid "Pigging Station for Immokalee Road 30" Force
Main".
PREPARED BY: Porfirio E. Gramatges, P .E. Senior Project Manager
Public Utilities Engineering Department
,-..
1
Agenda Hem No, 16CB
t·JlarCh 8. 2005
Page 2 01 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
ham Number
Itam Summary
1~;C8
Meeting Cøte
R!!'r;ommendation to r!!'Jl!'c\ all biOI> for Bid 05-37613 and to prtwide eulr,Q!'j'::al'on 10 rc-bid Tor
Pigging StaliGn fOf Irnmokalee Road 30- Foroe Main", Projec.l 73~3
318/20059:00:00 AM
Prepared By
DatI!!
P<Hf'¡r¡o E. t'ir,1mntgc:s, P,E.
Sr, ProjcGt MnMgf!T
2:/11i2oo511:56:21 AM
Public Utilities
PubliC Utì1!ties E.o;!neellng
Approved B)'
SteVfr{;i1rnell
PLm:haslng:iO..nernl SVC$ Direr-tot
Datil:
Administrative ß.tHvlces
!}urcl1aslng
2i11J20DS 2:32 PM
Approved By
William D. Mum". PE
Prim:,/¡:¡al Prpjl!ct Managnr
D''''
Public UlI!lttes
Public Utllttlel> Engineerlllg
2H7J200S 12;.t4PM
Approved By
JfJseph e, Che;¡¡th..m
Wastewater Oir~ctar
Date
Pub!iJ: lItllillf!$
W~!$teW¡lte! Tre.tltmt:nt
li17i2005l1:48 PM
Approved By
Roy B. Amlenon, P.E
PUblic UtlUtie~ E"Qfll1~ertng D!tectl)f
Date
Public miUt!/!'i;
Pobltr- Ulilltte!ì f.'ngh'Mrim¡
7.12.4120069:14 AM
Approved By
Thomafi Wldes,
OperaUuru. Dlrt!¢h>r
Oat~
pubnc Utllllles
f'ubUt:. UtIlities Ope.rations
212"r¿oos 11:36 AM
Approved By
Jam¢i; W. Onlony
Public UtllWas .Admlnh.tratof
Dale
Public Ut!lltle1>
Pub!l.: Utilitlt'cfoo Admlrrlstratjon
21Z6/2005 10:40 AM
Approved By
OMB Goordin;ttor
Admlnistf.'stìve AS'rii'&tant
O,1tC'
Cou,1ty M.nilg~r'5 Office
Office of Management &. Budget
2125/200511:38 AM
Apprond By
Susan U,.her
S~niQt Man,1<;JlementIBud!ilfrt Analyst
Date
County Manager'!:;. Offic~
Offll;.t! af Mlmayement & BUd.get
2125/2005 IUS PM
Apprond By
Mlcha.e! Smykowsld
Man01gement & Budget (Jirector
Da'"
CtJ1lhty Mall.3gel>1¡ omce
on\ce 01 Management & Budue1
21281200510:42 AM
Approved By
leo E. DdH;, Jr,
Deputy County M.!nag:er
Date
Baftld of County
C~m1n!s,"¡uneT~
CO\Irtty Manager's ûf1l~
2/28120D5 12:·" PM
-.^-'-..._----~
Project Name:
EVENT
Land Acqul81t1øn
Land Uøe ZUnln
De8lgn/Permlt
Cønatructløn
Jnll HtCtløn
ProJec:t Total
Agenda Item No. 16CB
March 8, 2005
Page 3 of 3
$M.OCIO
$:I,34a.1IG
Recommend Action: Recommendation to reject all bíds for Bid 05-3766 and to provide
authorization to re-bíd for "Pigging Station for Immokalee Road 30" Force Main", Project 73943.
Agenda Item No. 16C9
March 8, 2005
Page 1 of 82
~~,-
EXECUTIVE SUMMARY
Recommendation to accept five grant agreements for Alternative Water Supply Projects
from the South Florida Water Management District in the amount of$7S0,OOO.
OBJECTIVE: The public purpose is to obtain additional funds for alternative water supply
sources by accepting five grant agreements from the South Florida Water Management District
(SFWMD) for scheduled projects to be perfonned by the Public Utilities Division. Alternative
water supply sources refer to developing sources of water, which do not increase demands on the
freshwater Tamiami Aquifer system.
CONSIDERATIONS: On March 31, 2004, the Collier County Public Utilities Division
submitted grant applications for the following projects to SFWMD under their Alternative Water
Supply Program. The Board ratified these submissions on April 27, 2004 as Agenda Items 16
(C) 9, 10, 11, 12 and 13 respectively.
1.
Title:
Manatee Road Potable ASR (project 701571) - Contract No. DG050235
Description: Expansion of the Manatee RoadASR system; includes construction of two
(2) ASR wells with attendant piping and wellhead equipment
_.
Grant:
$150,000
2.
Title:
Carica Road ASR Exploratory Well (project 708971) - Contract No.
DG050236
Description: Carica Road Potable ASR exploratory well testing and construction
Grant: $50,000
3.
Title:
Reclaimed Water ASR (Project 740302) - Contract No. DG050234
Description: Construction of one pilot ASR well and two monitoring wells to provide
seasonal storage of reclaimed water in the wet season and recovery during
the dry season when demand is greatest
Grant: $450,000
4.
Title:
Goodlette Frank Force Main and Reclaimed Water Main (project
740771) - Contract No. DG050238
Description: Construction of a new reclaimed water main that will enable the
distribution of reclaimed water from the North County Water Reclamation
Facility to County residents in the North service area.
,.--
Grant:
$50,000
Agenda Item No. 16C9
March 8, 2005
Page 2 of 82
5.
Title:
20" Reclaimed Water Main - Vanderbilt Beach Road (Project 740341)-
Contract No. DG050237
Description: Construct 20-inch Reclaimed Water Main from Airport Road to Village
Walk Circle
Grant: $50,000
On November 15, 2004, the South Florida Water Management District sent notification that the
applications for these grants were approved by their Governing Board for the amounts indicated
above. Staff is in receipt of the contract agreements dated February 8, 2005 for each of these
projects. The contracts are to be executed by the Chairman and returned to the SFWMD for final
processing. The period of performance for each of these agreements is three years ftom the start
date set forth in the agreement.
FISCAL IMPACT: Revenue in the amount of $750,000 will be realized upon completion of the
work associated with these agreements. A local match of at least 50% is required for each
project. The required additional funds for Projects 701571 and 708971 are currently appropriated
in Fund 411, Water Impact Fees. Additional funds for Projects 740302 are appropriated in Fund
414, Wastewater User Fees. The additional funds for Project 740771and 740341 are
appropriated in Fund 413, Wastewater Impact Fees. Funds for these projects are included in the
FY05 Capital Improvement Budget adopted by the Board September 23, 2004.
-
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact resulting
:ITom this action. These five projects receiving grants are consistent with the 2003 Water and
Wastewater Master Plans approved by the Board on May 25,2004 as Agenda Items 10 (C) and
10 (D).
RECOMMENDATIONS: That the Board of County Commissioners:
1. Accept the following grant agreements from the South Florida Water Management
District:
a. Contract No. DG050235 - Manatee Road Potable Aquifer Storage and Recovery
(ASR) System Expansion in the amount of $150,000.
b. Contract No. DG050236 - Carica Road Potable Aquifer Storage and Recovery
(ASR) Exploratory Wells Program - Phase 1 in the amount of $50,000.
c. Contract No. DG050234 - Collier County Reclaimed Water Aquifer Storage and
Recovery Project in the amount of $450,000.
d. Contract No. DG050238 - Goodlette Frank Road Forcemain and Reclaimed
Water Main in the amount of $50,000.
e. Contract No. DG050237 - 20 Inch Reclaimed Water Main Vanderbilt Beach
Road in the amount of $50,000.
2. Authorize the Chairman to execute the agreements.
PREPARED BY: Artie Bay, Senior Administrative Assistant, Public Utilities - Engineering
,-..
Agf;!'nrJa Hem No. 16C9
March B, 2005
Page 3 of 82
COLLIER COmiTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16C9
Meeting Date
Re-camrnendation tl:1 acce-pt fi\l~ grant agreement!;; for alternative watcr supply projl!cts flom
th~ Saulh F1orid.a Water Management District in the amoLln! of $750.000
3/8,'2005900:00 A.M
Prepared By Date
ArtiE!BtlY $onior Admlnlstrat!vofl A~'SI~tanl 2/1512U05 3:50:43 PM
(~ubllc Utllitie, Public Utilities EngineerIng
Approved By
P.1U! M{lttau'<ich Wilier Director Date
PublIc Uttllties Watltr 2116120059:21 AM
Approved By
Marlene J. f(lot~ Gmnts Ct.>OtdinatClr Oatl!
Adll'llnJ!otrutlvlt Servlce:s. ^ti'n¡nl~tfaUVé Sltfvlclt:lo AdhUh 2:/1712006 6:04 PM
Approved By
Joseph B. Cheatham Wa&tewlltet Director Date
Public UtUitie¡¡. Wa.~tO;Wðtef Ttelltl'llltt1t 2/18'2005,'=-18 PNI
Approved By
Roy B, Andl;mmn, P.E. PUblic; Utilltl~5. En\JI,,",rt"~ Dlrecror D,¡te
Put!tlc UII!ltl~ ; Public tJUUtlet> F.nVI1'tl!!l!fi1'tQ V23/7005 'IO:!ìl AM
Approved By
Thom8~ Wide.:\. OpltfiltlOtl:lo DlI'e<::tor Date
Public UUHtie-s Public Utilities OþCrationf> 2/23/:¿OaS 12:44 PM
Approved By
,Iarne~; W. Oel.f.Jn~ PubUç Utlliiie$ Admìnistrato1 D.õllf!
Public UWltles rob11c Utilities Administration 2/;¿óI2005 9:02 AM
Approved By
OMS Coordinato, Adminbtr3tive A3-sì!ottlnt Date
County M;¡magers OffIcI! ! Oft'lce DfM,¡¡nllgement" 8udget 2/25120U& 10:52 AM
Approved By
Susan I.l.shor S..nior Manaøl!:mantlBudgnt Analyst Dan~
C(I\July M¡¡nlllg~r's Office Office of Mitl'1agement & Budget 212a/2005 12:20 PM
Approved By
Mlch.ilel Smykowskl Management & Budget Oireçtor Date
County M.muge ' ; Office OMce of Management & Budgel V28/2006 12:59 p~
Approved By
Leo E. Ochs, Jr Deputy County Manager Date
8mud ot CDunt (
Cammir,;~¡l)nen> County M$nayer's Office 2128120055:19 PM
~1.
AgO~£6i Il\ L
. 2004-2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ALTERNATIVE WATER SUPPLY
FUNDING PROGRAM AGREEMENT
Telephone No:
239-530-5343
Fax No:
239-530-5378
SFWMD Project Manager:
Elliot Kampert
Recipient:
Collier County Board of County
Commissioners
Recipient's Project Manager:
Peter Schalt, PMP
Address:
3301 Tamiami Trail E.
Bldg. H, 3rd Floor
Naples, Florida 34112
Address:
2301 McGregor Blvd.
Fort Myers, Florida 33901
Telephone No:
239-338-2929 X 7745
Fax No:
239-338-2936
Insurance
N/A
Federal Employer Identification Number:
21-07-019995-53C
Project Title:
Manatee Road Potable Aquifer Storage and Recovery (ASR) System Expansion.
Description:
Expansion of the Manatee Road ASR System; Includes Construction of Two (2) ASR Wells with
Attendant Pi in and Wellhead E ui ment.
Agreement No. DG050235, Page 1 of 10
· ,
Agenda Item No. 16C9
March 8, 2005
Page 5 of 82
This Agreement is entered into between ''the Parties", the South Florida Water
Management District (SFWMD),. the "District", and the undersigned Applicant,
hereinafter referred to as the "Recipient." The Recipient warrants and represents that it
has no obligation or indebtedness that would impair its ability to fulfill the terms and
conditions of this Agreement, and shall abide by all legal, financial, and reporting
requirements, such as matching funds and final reports for all funding received by the
Recipient from the District.
ARTICLE 1 - PROJECT
1.1 The. Recipient shall, to the satisfaction of the District, fully and timely construct
and perfonn all work items described in the "Statement of Work," attached hereto as
Exhibit "C", and made a part of this Agreement.
1.2 As part of the services to be provided by the Recipient under this Agreement, the
Recipient shall substantiate, in whatever form reasonably requested by the District,
any supporting documentation utilized as a basis for payment by the District. This
paragraph shall survive the expiration or tennination of this Agreement.
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of perfonnance of this Agreement shall commence upon the last date of
execution of this Agreement and shall continue for a period not to exceed thirty-six
(36) months.
2.2 The Parties agree that time is of the essence in the performance of each and every
obligation under this Agreement.
ARTICLE 3 - COMPENSATION/CONSIDERATION
3.1 As consideration for providing the goods and services required by this Agreement,
the District shall pay the Recipient the funding amount as specified on front page.
Such amount is a not to exceed amount and therefore, no additional consideration
shall be authorized. Recipient must provide at least fifty (50) percent of the total
project cost, with the exception of designated RED! communities.
Agreement No. DG050235, Page 2 of 10
Agenda Itern No. 16C9
March 8, 2005
Page 6 of 82
3.2 The Recipient assumes sole responsibility for all work, which is performed
pursuant to Exhibit "C". By providing funding hereunder, the District does not
make any warranty, guaranty, or any representation whatsoever regarding any of the
work performed hereunder, including but not limited to the adequacy or sufficiency
of all or any part of work described in Exhibit "C".
3.3 The Recipient hereby agrees not to use District funding for any work associated
with the research, design and permitting aspects of the Project. District funds shall
only be used for capital or infrastructure costs for the construction activities
described in Exhibit "C".
ARTICLE 4 - FUNDING PAYMENTS AND REPORTING
4.1 The District shall make payment to the Recipient upon completion and acceptance
of the final deliverable as described in Exhibit "C". The Recipient shall provide
certification that all construction has been completed in accordance with Exhibit
"c" of this Agreement.
4.2 The Recipient's invoice shall reference the District's Agreement Number and shall
be sent to the Project Manager at the address stated on the first page of this
Agreement. The Recipient shall not submit an invoice to any other address at the
District.
4.3 The District shall have the right to inspect all work and review final reports before
authorization of payment is made to the Recipient. It is the policy of the District
that payment for all goods and services shall be made in a timely manner and that
interest payments are made on late payments. In accordance with Florida Statutes,
Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an
invoice that conforms to all statutory requirements and all District requirements as
set forth in the Agreement for invoice submission. The time at which payment shall
be due from the District shall be forty-five (45) days from receipt of a proper
invoice and acceptance of services and/or deliverables, based on compliance with
the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of
the District conditions as detailed in the Agreement.
Failure of the Recipient to follow the instructions set forth in the Agreement
regarding a proper invoice and acceptable services and/or deliverables may result in
an unavoidable delay in payment by the District. All payments due from the District
for a proper invoice and acceptable services and/or deliverables and not made within
the time specified in this section shall bear interest from thirty (30) days after the
due date at the rate of one percent (1%) per month on the unpaid balance. The
Recipient shall invoice the District for payment of any accrued unpaid interest.
Agreement No. DG050235, Page 3 of 10
Agenda Item No. 16C9
March 8, 2005
Page 7 of 82
-
Any disputes regarding invoice payments which cannot be resolved by the
appropriate department of the District shan be concluded by final written decision
of the District Leadership Team not later than sixty (60) days after the date on
which the proper invoice was received by the District.
4.4 Upon award of the Agreement, the Recipient shall provide to the District a
detailed schedule of the Project. The Recipient shall provide three (3) copies of
progress reports every six months to the District, which shall describe the extent
of Project completion. Upon request by the District, the Recipient shall provide as
supporting documentation, all work products associated with the completion of
the tasks designated in the Work Breakdown Structure Exhibit "C", and Schedule
of Tasks and Deliverables Exhibit "D", attached to this Agreement.
ARTICLE 5 - PROJECT MANAGEMENT
5.1 The Parties shall direct all matters arising in connection with the perfonnance of
this Agreement, other than invoices and notices, to the attention of the Project
Managers. The Project Managers shall be responsible for overall coordination and
oversight relating to the performance of this Agreement.
5.2 All notices, demands, or other communications to the Recipient under this
Agreement shall be in writing and shall be deemed received if sent by certified
m3;il, return receipt requested, to the address stated.
All notices to the District under this Agreement shall be in writing and sent by
certified mail to:
South Florida Water Management District
Attn: (District Project Manager's name as stated on the first page ofthe
Agreement)
(Address as stated on the first page of the Agreement)
5.3 All notices required by this Agreement shall be considered delivered upon receipt.
Should either Party change its address, written notice of such new address shall
promptly be sent to the other Party.
5.4 All correspondence to the District under this Agreement shall reference the
District's Agreement Number.
Agreement No. DG050235, Page 4 of 10
~
Agenda Item No. 16C9
March 8, 2005
Page 8 of 82
ARTICLE 6 - TERMINATION I REMEDIES
6.1 It is the policy of the District to encourage good business practices by requiring
recipients to materially perform in accordance with the terms and conditions of
the Agreement. In accordance with District Rule 40E-7, Part II, F.A.C., "material
breach" is defined as any substantial, unexcused non-performance by failing to
perform an act that is an important part of the transaction or performing an act
inconsistent with the terms and conditions of the Agreement.
If the Recipient materially fails to fulfill its obligations under this Agreement, the
District will provide written notice of the deficiency by forwarding a Cure Notice
citing the specific nature of the material breach. The Recipient shall have thirty
(30) days to cure the breach. If the Recipient fails to cure the breach within the
thirty (30) day period, the District shall issue a Tennination for Default Notice.
Once the District has notified the Recipient that it has materially breached its
agreement with the District, by sending a Tennination for Default Notice, the
District's Governing Board shall determine whether the Recipient should be
suspended from doing future work with the District, and if so, for what period of
time. The District's Governing Board will consider the factors detailed in Rule
40E-7, Part II, F.A.C. in making a determination as to whether a Recipient should
be suspended, and if so, for what period of time. Should the District tenninate for
default in accordance with this provision, the District shall be entitled to recover
reprocurement costs in addition to all other remedies under law and/or equity.
6.2 The District may terminate this Agreement at any time for convenience upon
thirty (30) calendar days prior written notice to the Recipient. The performance
of work under this Agreement may be terminated by the District in accordance
with this clause in whole, or from time to time in part, whenever the District shall
determine that such termination is in the best interest of the District. Any such
tennination shall be effected by delivery to the Recipient of a Notice of
Termination specifying the extent to which perfonnance of work under the
Agreement is tenninated, and the date upon which such termination becomes
effective. In the event of termination, the District shall compensate the Recipient
for all authorized and accepted work performed through the termination date. The
District shall be relieved of any and all future obligations hereunder, including
but not limited to, lost profits and consequential damages under this Agreement.
The District may withhold all payments to the Recipient for such work until such
time as the District determines the exact amount due to the Recipient.
6.3 In the event a dispute arises, which the Project Managers cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation.
The mediator or mediators shall be impartial, shall be selected by the Parties, and
the cost of the mediation shall be borne equally by the Parties. The mediation
process shall be confidential to the extent permitted by law.
Agreement No. DG050235, Page 5 of 10
Agenda Item No. 16C9
March 8, 2005
Page 9 of 82
-
ARTICLE 7 - RECORDS RETENTION
7.1 The Recipient shall maintain records and the District shall have inspection and
audit rights as follows:
A. Maintenance of Records. The Recipient shall maintain all fmancial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this Agreement, including supporting documentation for any
service rates, expenses, research or reports. Such records shall be maintained
and made available for inspection for a period of five (5) years from completing
performance and receiving final payment under this Agreement.
B. Examination of Records. The District or its designated agent shall have the
right to examine in accordance with generally accepted governmental auditing
standards all records directly or indirectly related to this Agreement. Such
examination may be made only within five (5) years from the date of final
payment under this Agreement and upon reasonable notice, time and place.
C. Extended Availability of Records for Legal DiS!'utes. In the event that the
District should become involved in a legal dispute with a third party arising
from performance under this Agreement, the Recipient shall extend the period
of maintenance for all records relating to the Agreement until the final
disposition of the legal dispute, and all such records shall be made readily
available to the District.
D. Periodic Audits. The District shall perform audits periodically to ensure funding
objectives are being met.
ARTICLE 8 - STANDARDS OF COMPLIANCE
8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all
applicable federal, state, and local laws and regulations relating to the performance
of this Agreement. The District undertakes no duty to ensure such compliance, but
will attempt to advise the Recipient, upon request, as to any such laws of which it
has present knowledge.
8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the
event it is necessary for either party to initiate legal action regarding this
Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state
law and in the Southern District of Florida for any claims, which are justifiable in
federal court.
8.3 The Recipient shall allow public access to all Project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the
Recipient assert any exemptions to the requirements of Chapter 119 and related
Agreement No. DGOS0235, Page 6 of 10
Agenda Item No. 16C9
March 8, 2005
Page 10 of 82
Statutes, the burden of establishing such exemption, by way of injunctive or other
relief as provided by law, shall be upon the Recipient.
8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the
expenditure of any funds under this Agreement to lobby the Legislature, the
judicial branch, or another state agency.
8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations
and permits from the appropriate private party or federal, state, municipal or local
agency, and other governmental approvals, prior to commencing perfonnance of
this Agreement. A delay in obtaining permits shall not give rise toa claim by the
Recipient for additional compensation. If the Recipient is Wlable to obtain all
necessary permits in a timely manner, either party may elect to terminate this
Agreement, each party to bear its own costs, notwithstanding other provisions of
this Agreement to the contrary.
8.6 The Recipient hereby assures that no person shall be excluded on the grounds of
race, color, creed, national origin, handicap, age, or sex, from participation in,
denied the benefits of, or is otherwise subjected to discrimination in any activity
under this Agreement. The Recipient shall take all measures necessary to
effectuate these assurances.
ARTICLE 9 - INDEMNIFICATION
9.1 For value received, which is hereby acknowledged, the Recipient shall defend,
indemnify, save, and hold the District, its officers, directors, board members,
agents, assigns, and employees hannless ftom liabilities, damages, losses, and costs,
including, but not limited to reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentionally wrongful conduct of the Recipient and
other persons employed or utilized by the Recipient in the perfonnance of the
Agreement. The District shall have the right to approve counsel selected by the
Recipient to defend the District in the event the District is named in any legal
action.
The Recipient further acknowledges that it is solely responsible for ensuring its
compliance and the compliance of its subcontractors, suppliers, agents, assigns,
invitees and employees with the terms of this Agreement. This paragraph shall
survive the expiration or tennination of this Agreement.
ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES
10.1 The Recipient shall be considered an independent contractor and neither party shall
be considered an employee or agent of the other party. Nothing in this Agreement
shall be interpreted to establish any relationship other than that of an independent
Agreement No. DG050235, Page 7 of 10
Agenda Item No. 16C9
March 8, 2005
Page 11 of 82
contractor between the parties and their respective employees, agents,
subcontractors, or assigns during or after the performance of this Agreement. Both
parties are free to enter into contracts with other parties for similar services.
10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and
obligations as set forth in The Agreement without the prior written consent of the
District. Any attempted assignment in violation of this provision shall be null and
void.
10.3 It is the intent and understanding of the Parties that this Agreement is solely for the
benefit of the Recipient and the District. No person or entity other than the
Recipient or the District shall have any rights or privileges under this Agreement
in any capacity whatsoever, either as third-party beneficiary or otherwise.
ARTICLE 11 . GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall
not be held liable for any failure or delay in the performance of this Agreement that
arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually
severe weather, outbreak of war, restraint of government, riots, civil commotion,
force majeure, act of God, or for any other cause of the same character which is
unavoidable through the exercise of due care and beyond the control of the Parties.
Failure to perform shall be excused during the continuance of such circumstances,
but this Agreement shall otherwise remain in effect.
11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in Articles 1-11
(b) Exhibit "C" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein
by reference
11.3 Failures or waivers to insist on strict performance of any covenant, condition, or
provision of this Agreement by the Parties, their successors and assigns shall not be
deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party
from performing any subsequent obligations strictly in accordance with the terms of
this Agreement. No waiver shall be effective unless in writing and signed by the
Party against whom enforcement is sought. Such waiver shall be limited to
provisions of this Agreement specifically referred to therein and shall not be
deemed a waiver of any other provision. No waiver shall constitute a continuing
waiver unless the writing states otherwise.
11.4 Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof,
Agreement No. DGOS023S, Page 8 oflO
~.....<.,--_.,~...-
Agenda Item No. 16C9
March 8, 2005
Page 12 of 82
by force of any statute, law, or ruling of any forum of competent jurisdiction, such
invalidity shall not affect any other tenn or provision of this Agreement, to the
extent that the Agreement shall remain operable, enforceable and in full force and
effect to the extent pennitted by law.
11.5 This Agreement may be amended only with the written approval of the Parties.
11.6 This Agreement states that all publicity/outreach media will be jointly planned by
the Recipient and the District and any and all materials, events, or endorsements
arising out of this award will require prior District approval.
11.7 This Agreement states the entire understanding and Agreement between the Parties
and supersedes any and all written or oral representations, statements, negotiations
or Agreements previously existing between the Parties with respect to the subject
matter of this Agreement. The Recipient recognizes that any representations,
statements or negotiations made by District staff do not suffice to legally bind the
District in a contractual relationship unless they have been reduced to writing and
signed by an authorized District representative. This Agreement shall insure to the
benefit of and shall be binding upon the parties, their respective assigns, and
successors in interest.
Agreement No. DG050235, Page 9 of 10
Agenda Item No. 16C9
March 8, 2005
Page 13 of 82
IN WITNESS WHEREOFt the Parties or their duly authorized representatives hereby
execute this Agreement on the date written below.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
BY ITS GOVERNING BOARD
By:
Frank Hayden, Procurement Director
Date:
SFWMD Office of Counsel Approved
By; I\JV'-, s3 Ø1:J;R Date; :J- { «/65
ØIIII
WI I"~"
Board of County Commissioners
Recipient's Legal Name; Collier County. Florida
.
By Authorized Official:
Title;
Fred W. Coyle
Chairman
~: "'~~~1a1_"J'M' Date
~, \ßW\ ~
'.T"'-~eoøtJ~
L_
SFWMD Procurement Approved:
~t~~~ Date J-7-o'--
Agreement No. DG050235, Page 10 of 10
-
.._~--"
Agenda Item No. 16C9
March 8, 2005
Page 14 of 82
EXHIBIT IIC'
STATEMENT OF WORK
1.0 INTRODUCTION
Collier County is requesting funding to expand its aquifer storage and
recovery (ASR) system. The ASR system serves several purposes: 1) it enhances
the existing pubHc water supply, 2) protects sensitive freshwater sources during
critical dry months, 3) has allowed the County to delay costly treatment facility
expansions, 4) and contributes to the long-tenn reliability of the County IS public
water system
Background
Rapid growth and a high dry-season demand for potable and non-potable
water have stressed Collier County1s sensitive freshwater aquifers. In 1999, Collier
County finished construction of its first ASR well system at the Manatee Road site to
help meet the County1s water supply needs. The 1 million gallon per day (MGD)
system works by pumping potable water from the water treatment plant during
periods of low demand into the Hawthorn Aquifer Zone II, which is located
between 465 and 525 feet below land surface at the site. This brackish aquifer serves as
underg{ound storage for the potable water.
ASR is increasingly being recognized as an effective tool for managing water resources
in South Florida. ASR technology works by storing potable water in an
underground aquifer during times when excess water is available. The
treated, potable water displaces the brackish, native water and forms a
"bubble" of stored water in the aquifer. Then, at times when demand
exceeds the plant's capacity, the potable water is recovered from the
aquifer, disinfected, and used to meet residential and commercial customer
needs. The storage of water in an aquifer below ground has a number of
advantages over conventional storage methods. When utilizing ASR, storage space is
available at a relatively low cost, project locations can be selected where
convenient, subject to favorable hydrogeologic conditions, evaporative losses
are minimized, and underground storage helps to provide protection from
contamination.
The success of the Manatee Road ASR system was proven under emergency
conditions caused by a drought in Collier County in 2001. Collier County was able
to successfully meet its water resource needs during this critical time by withdrawing
water from the Manatee Road ASR system at an annual recovery rate greater than 100
percent.
Exhibit "C" to Agreement DG050235, Page 1 of 5
Agenda Item No. 16C9
March 8, 2005
Page 15 of 82
Collier County plaIlS to expand the Manatee Road A5R system to further address
water availability issues, reduce stress on area aquifers, and decrease the
potential for saltwater intrusion into the County's freshwater aquifers.
2..0 SCOPE
The existing Manatee Road A5R system consists of one ASR well equipped with a
vertical turbine pump, wellhead equipment, and a re-chlorination system
for the recovered water. Five monitor wells tapping various aquifers have also
been installed. The monitor wells are used to collect water level and water quality data
at the site.
The County currently has plans to expand the Manatee Road ASR system by
adding two A5R wells, wellhead equipment, and attendant piping in Fiscal Year 2004,
as funded by the District's Alternative Water Supply Funding Program for Fiscal Year
2004. In addition, a 6 million gallon above ground storage tank will be installed at the
Manatee Road site at the end of Fiscal Year 2004.
The purpose of this project is to further expand the Manatee Road A5R system by
adding a re<h1orination facility and two additional ASR wells with attendant facilities
in Fiscal Year 2005.
3.0 PRO}ECf JUSTIFICATION
Planning projections indicate that by the year 2005, maximum daily demands
for water in Collier County will increase by almost 8 MGD to 39 MGD. This project
provides an economical means for the County to capture a previously unused
resource. By taking advantage of seasonal cycles, the ASR system will harness
millions of gallons of freshwater and system capacity that would previously have
been wasted. The water will be safely stored in a brackish aquifer until needed.
This project will increase the availability of water at a time when it is most
needed without stressing freshwater sources. It will also help Collier County meet
the objectives of its Water Supply Master Plan.
The existing ASR system proved itself during drought conditions in the year 2001
by managing an annual recovery rate of more than 100 percent. Expansion of this
A5R system is essential to meeting the water demands of one of the fastest-growing
areas in the country, and is an important element of long-tenn water management.
3.1 Potential for Significant and Lasting Benefits
Expansion of the ASR system will have significant and lasting benefits for Collier
County. The project will
. provide a means to meet the potable demands for current and future
Collier County customers,
. provide a means to conserve freshwater resources,
Exhibit ·C" to Agreement DG050235, Page 2 of 5
.__.__._u....._...._..._
Agenda Item No. 16C9
March 8, 2005
Page 16 of 82
· minimize the threat of saltwater intrusion by reducing wellfield stress during
the dry season,
· reduce potential seasonal stress on wetland vegetation,
· reduce the need for water system expansion, and
· support regional water management strategies.
4.0 WORKBREAKOOWN STRUCTURE
The success of the existing ASR facility has prompted the County to move forward
with plans for expansion of the Manatee Road ASR system. Recommendations to
consider ASR facilities are included as part of the County's 2001 Water Master
Plan.
4.1 Description of Project Elements
The project consists of two tasks: 1) construction and 2) operational start-up and
testing. A description of these tasks is provided.
4.1.1 Construction Activities
In 2005, the Collier CoW1ty Manatee Road ASR system will be expanded by the
installation of two recharge and recovery wells, designated ASR-4 and ASR-5, which
will each have a design capacity of 1.5 MGD. All well construction and testing
will be conducted in accordance to FDEP and SFWMD rules. The well testing
program will include geophysical logging of the borehole prior to setting the
final casing string and the open hole interval and the performance of a step-
drawdown test.
Wells ASR-4 and ASR-5 will be similar in construction to the existing recharge and
recovery well ASR-l. The total and cased depths of the wells will be approximatEly 530
and 470 feet below land surface (bls), respectively, and will be completed with an open
hole construction. The wells will be constructed of 12-inch diameter SDR-17 PVC
and expanded to 16-inches in diameter at a depth of 140 feet bIs in order to accommodate
a submersible pump. The wellhead and instrumentation for ASR-4 and ASR-5 will also
be similar to those of ASR-l. Figure 1 illustrates the ASR well construction details
and local geology. A well site layout is provided as Figure 2.
Surface construction tasks that will be completed to allow for operational testing
will include the following: 1) injection/ recovery water transmission main
construction, 2) filter, pumps, and valving purchase and installation, 3)
instrumentation and controls purchase and installation, and 4) electrical
system construction.
Exhibit "C" to Agreement DG050235. Page 3 of 5
Agenda Item No. 16C9
March 8, 2005
Page 17 of 82
Upon the completion of construction activities, a certificate of completion for the
wellfield and raw water transmission facilities will be prepared. Record drawings of
the new facilities will be developed.
4.1.2 Operational Start-up and Testing
A systems checkout consisting of the troubleshooting of equipment and
instrumentation installed as part of the project will be conducted. Start-up
operational tests will also be conducted to evaluate the performance of the
newly constructed facilities. ASR-4 and ASR-5 will be installed within the freshwater
storage zone of the existing ASR well. The new wells will therefore be immediately
brought into normal operation, as opposed to conducting cycle testing. The
performance of the wells will be monitored for a one-year period after which a request
will be made for an FDEP Authorization to use.
5.0 PROJECT COST
--
The cost for the construction of the two ASR wells, wellhead equipment, and
attendant piping is estimated to be approximately $787,700. Estimated construction
costs are based on historic unit prices and contractor estimates. A cost breakdown for
the project is provided in the following table. Please note that the costs
presented are conservative. Lower prices may be obtained for some items,
such as well installation, through competitive bidding. Collier County has budgeted
funding in Fiscal Year 2004 for 100 percent of the project costs. A copy of the
financial commitment from Collier County is included in the Funding Proposal
section of this application.
c
onstruction cost estimates for the Manatee Road ASR ExÐansion Project
Units Price/Units Total Price
12" ductile iron pipe 500 ft $55 $27,500
8" ductile iron pipe 500 ft $35 $17,500
Wells 2ea. $260,000 $520,oOC
Wellheads (including fence) 2 ea. $60,000 $120,00<J
Subtotal $685,OOC
Contingencies (15%) $102,700
Total $787,700
~"
Exhibit "C" to Agreement DG050235, Page 4 of 5
Agenda Item No. 16C9
March 8, 2005
Page 18 of 82
6.0 LOCATION OFTHEPROjECf
The ASR facility is located at the South County Manatee Road water transfer and
storage site. The site, which is owned by Collier County and zoned for public
utility use, occupies approximately 43 acres on the south side of Manatee Road.
Water storage, re-pump, and re-chlorination facilities currently exist at the site,
which make it especially conducive for this project.
7.0 DEUVERABLESCHEDULE
The following table provides a project schedule. Collier County plans to complete the
construction phase of this project within 24 months from the date of execution of an
agreement with the SFWMD. The request for support shall be applied only for the
payment of capital or infrastructure costs for the construction of alternative water supply
systems that provide alternative water supply methodology.
Completion of the project, including operational start-up and testing. is estimated to
take 24 months.
Task Number Task Start Date End Date
Description
1 Construction April 2005 October 2007
2 Operational Start- April 2006 October 2008
up
and Testina
Exhibit "C" to Agreement DG050235, Page 5 of 5
: 'c
Agenda Item No. 16C9
March 8, 2005
Page 19 of 82
EXHIBIT "D"
SUMMARY SCHEDULE OF TASKS AND DELlVERABLES
· A summary deliverable schedule associated with this project is set forth below. The schedule Is based
on a not-to-exceed thirty six months agreement.
· All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables
are based on the number of months from the date of agreement execution. The Recipient hereby
agrees to provide the District all deliverables, data and information described in the Statement of Work
in both written and electronic four-digit format.
· Payment shall be made following receipt and acceptance by the District of project deliverables in
accordance with the schedule set forth below. Total payment by the District for all work completed
herein shall not exceed the amount of $150.000.00. All payments are subject to District fiscal year
appropriations.
1
Construction of the two ASR wells, wellhead
and aUendant i .
Letter of Completion
36 months
$150,000.00
Total:
$150,000.00
Exhibit "D" to Agreement DG050235, Page 1 of 1
,í'
"
Agenf)i~tcN A L
Page 20 of 82
2004·2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ALTERNATIVE WATER SUPPLY
FUNDING PROGRAM AGREEMENT
Recipient:
Collier County Board of County
Commissioners
Recipient's Project Manager:
Peter Schalt, PMP
Address: ~
3301 Tamiarni Trail E.
Bldg. H, 3rd Floor
Naples, Florida 34112
Telephone No:
239-530-5343
Fax No:
239-530-5378
SFWMD Project Manager:
Elliot Kampert
Address:
2301 McGregor Blvd.
Fort Myers, Florida 33901
Telephone No:
239-338-2929 X 7745
Fax No:
239-338-2936
Insurance
N/A
Federal Employer Identification Number:
21-07-019995-53C
Project Title:
Carica Road Potable Aquifer Storage and Recovery (ASR) Exploratory Wells Program - Phase 1
Description:
Exploratory Well Pennitting, Testing, Construction, and Well Completion Report.
Agreement No. DG050236, Page 1 of 10
,,'-
Agenda Item No. 16C9
March 8, 2005
Page 21 of 82
This Agreement is entered into between "the Parties", the South Florida Water
Management District (SFWMD), the "District", and the undersigned Applicant,
hereinafter referred to as the "Recipient." The Recipient warrants and represents that it
has no obligation or indebtedness that would impair its ability to fulfill the tenns and
conditions of this Agreement, and shall abide by all legal, financial, and reporting
requirements, such as matching funds and final reports for all funding received by the
Recipient from the District.
ARTICLE 1 - PROJECT
1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct
and perfonn all work items described in the "Statement of Work," attached hereto as
Exhibit "C", and made a part ofthis Agreement.
1.2 As part of the services to be provided by the Recipient under this Agreement, the
Recipient shall substantiate, in whatever fonn reasonably requested by the District,
any supporting documentation utilized as a basis for payment by the District. This
paragraph shall survive the expiration or tennination of this Agreement.
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of perfonnance of this Agreement shall commence upon the last date of
execution of this Agreement and shall continue for a period not to exceed thirty-six
(36) months.
2.2 The Parties agree that time is of the essence in the performance of each and every
obligation under this Agreement.
ARTICLE 3 - COMPENSATION/CONSIDERATION
3.1 As consideration for providing the goods and services required by this Agreement,
the District shall pay the Recipient the funding amount as specified on front page.
Such amount is a not to exceed amount and therefore, no additional consideration
shall be authorized. Recipient must provide at least fifty (50) percent of the total
project cost, with the exception of designated REDI communities.
Agreement No. DG050236, Page 2 of 10
Agenda Item No. 16C9
March 8, 2005
Page 22 of 82
3.2 The Recipient assumes sole responsibility for all work, which is perfonned
pursuant to Exhibit "C". By providing funding hereunder, the District does not
make any warranty, guaranty, or any representation whatsoever regarding any of the
work performed hereunder, including but not limited to the adequacy or sufficiency
of all or any part of work described in Exhibit "C".
3.3 The Recipient hereby agrees not to use District funding for any work associated
with the research, design and pennitting aspects of the Project. District funds shall
only be used for capital or infÌ'astructure costs for the construction activities
described in Exhibit "C".
ARTICLE 4 - FUNDING PAYMENTS AND REPORTING
4.1 The District shall make payment to the Recipient upon completion and acceptance'
of the final deliverable as described in Exhibit "C". The Recipient shall provide
certification that all construction has been completed in accordance with Exhibit
"c" of this Agreement.
4.2 The Recipient's invoice shall reference the District's Agreement Number and shall
be sent to the Project Manager at the address stated on the first page of this
Agreement. The Recipient shall not submit an invoice to any other address at the
District.
4.3 The District shall have the right to inspect all work and review final reports before
authorization of payment is made to the Recipient. It is the policy of the District
that payment for all goods and services shall be made in a timely manner and that
interest payments are made on late payments. In accordance with Florida Statutes,
Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defIned as an
invoice that conforms to all statutory requirements and all District requirements as
set forth in the Agreement for invoice submission. The time at which payment shall
be due from the District shall be forty-five (45) days from receipt of a proper
invoice and acceptance of services and/or deliverables, based on compliance with
the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of
the District conditions as detailed in the Agreement.
Failure of the Recipient to follow the instructions set forth in the Agreement
regarding a proper invoice and acceptable services and/or deliverables may result in
an unavoidable delay in payment by the District. All payments due from the District
for a proper invoice and acceptable services and/or deliverab1es and not made within
the time specified in this section shall bear interest from thirty (30) days after the
due date at the rate of one percent (1%) per month on the unpaid balance. The
Recipient shall invoice the District for payment of any accrued unpaid interest.
Agreement No. DG050236, Page 3 of 10
Agenda Item No. 16C9
March 8, 2005
Page 23 of 82
Any disputes regarding invoice payments which cannot be resolved by the
appropriate department of the District shall be concluded by final written decision
of the District Leadership Team not later than sixty (60) days after the date on
which the proper invoice was received by the District.
4.4 Upon award of the Agreement, the Recipient shall provide to the District a
detailed schedule of the Project. The Recipient shall provide three (3) copies of
progress reports every six months to the District, which shall describe the extent
of Project completion. Upon request by the District, the Recipient shall provide as
supporting documentation, all work products associated with the completion of
the tasks designated in the Work Breakdown Structure Exhibit "C", and Schedule
of Tasks and Deliverables Exhibit "D", attached to this Agreement.
ARTICLE 5 - PROJECT MANAGEMENT
5.1 The Parties shall direct all matters arising in connection with the performance of
this Agreement, other than invoices and notices, to the attention of the Project
Managers. The Project Managers shall be responsible for overall coordination and
oversight relating to the performance of this Agreement.
5.2 All notices, demands, or other communications to the Recipient under this
Agreement shall be in writing and shall be deemed received if sent by certified
mail, return receipt requested, to the address stated.
All notices to the District under this Agreement shall be in writing and sent by
certified mail to:
South Florida Water Management District
Attn: (District Project Manager's name as stated on the first page of the
Agreement)
(Address as stated on the first page of the Agreement)
5.3 All notices required by this Agreement shall be considered delivered upon receipt.
Should either Party change its address, written notice of such new address shall
promptly be sent to the other Party.
5.4 All correspondence to the District under this Agreement shall reference the
District's Agreement Number.
Agreement No. DGOS0236, Page 4 of 10
ARTICLE 6 - TERMINATION I REMEDIES
Agenda Item No. 16C9
March 8, 2005
Page 24 of 82
6.1 It is the policy of the District to encourage good business practices by requiring
recipients to materially perfonn in accordance with the tenns and conditions of
the Agreement. In accordance with District Rule 40E-7, Part II, F.A.C., "material
breach" is defined as any substantial, unexcused non-performance by failing to
perfonn an act that is an important part of the transaction or performing an act
inconsistent with the tenns and conditions of the Agreement.
If the Recipient materially fails to fulfill its obligations under this Agreement, the
District will provide written notice of the deficiency by forwarding a Cure Notice
citing the specific nature of the material breach. The Recipient shall have thirty
(30) days to cure the breach. If the Recipient fails to cure the breach within the
thirty (30) day period, the District shall issue a Tennination for Default Notice.
Once the District has notified the Recipient that it has materially breached its
agreement with the District, by sending a Tennination for Default Notice, the
District's Governing Board shall determine whether the Recipient should be
suspended from doing future work with the District, and if so, for what period of
time. The District's Governing Board will consider the factors detailed in Rule
40E-7, Part II, F.A.C. in making a detennination as to whether a Recipient should
be suspended, and if so, for what period of time. Should the District terminate for
default in accordance with this provision, the District shall be entitled to recover
reprocurement costs in addition to all other remedies under law and/or equity.
6.2 The District may terminate this Agreement at any time for convenience upon
thirty (30) calendar days prior written notice to the Recipient. The perfonnance
of work under this Agreement may be tenninated by the District in accordance
with this clause in whole, or from time to time in part, whenever the District shall
determine that such termination is in the best interest of the District. Any such
termination shall be effected by delivery to the Recipient of a Notice of
Tennination specifying the extent to which perfonnance of work under the
Agreement is tenninated, and the date upon which such termination becomes
effective. In the event oftennination, the District shall compensate the Recipient
for all authorized and accepted work perfonned through the termination date. The
District shall be relieved of any and all future obligations hereunder, including
but not limited to, lost profits and consequential damages under this Agreement.
The District may withhold all payments to the Recipient for such work until such
time as the District detennines the exact amount due to the Recipient.
6.3 In the event a dispute arises, which the Project Managers cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation.
The mediator or mediators shall be impartial, shall be selected by the Parties, and
the cost of the mediation shall be borne equally by the Parties. The mediation
process shall be confidential to the extent pennitted by law.
Agreement No. DG050236, Page 5 of 10
Agenda Item No. 16C9
March 8,2005
Page 25 of 82
ARTICLE 7 . RECORDS RETENTION
7.1 The Recipient shall maintain records and the District shall have inspection and
audit rights as follows:
A. Maintenance of Records. The Recipient shall maintain all financial and non-
fmancial records and reports directly or indirectly related to the negotiation or
performance of this Agreement, including supporting documentation for any
service rates, expenses. research or reports. Such records shall be maintained
and made available for inspection for a period of five (5) years from completing
performance and receiving final payment under this Agreement.
B. Examination of Records. The District or its designated agent shall have the
right to examine in accordance with generally accepted governmental auditing
standards all records directly or indirectly related to this Agreement. Such
examination may be made only within five (5) years from the date of final
payment under this Agreement and upon reasonable notice. time and place.
C. Extended Availability of Records for Legal DiSþutes. In the event that the
District should become involved in a legal dispute with a third party arising
from performance under this Agreement. the Recipient shall extend the period
of maintenance for all records relating to the Agreement until the final
disposition of the legal dispute, and all such records shall be made readily
available to the District.
D. Periodic Audits. The District shall perform audits periodically to ensure funding
objectives are being met.
ARTICLE 8 . STANDARDS OF COMPLIANCE
8.1 The Recipient. its employees. subcontractors or assigns, shall comply with all
applicable federal, state, and local laws and regulations relating to the performance
of this Agreement. The District undertakes no duty to ensure such compliance. but
will attempt to advise the Recipient, upon request, as to any such laws of which it
has present knowledge.
8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the
event it is necessary for either party to initiate legal action regarding this
Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state
law and in the Southern District of Florida for any claims, which are justifiable in
federal court.
8.3 The Recipient shall allow public access to all Project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the
Recipient assert any exemptions to the requirements of Chapter 119 and related
Agreement No. DG050236, Page 6 of 10
Agenda Item No. 16C9
March 8, 2005
Page 26 of 82
Statutes, the burden of establishing such exemption, by way of injunctive or other
relief as provided by law, shall be upon the Recipient.
8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the
expenditure of any funds under this Agreement to lobby the Legislature, the
judicial branch, or another state agency.
8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations
and permits from the appropriate private party or federal, state, municipal or local
agency, and other governmental approvals, prior to commencing performance of
this Agreement. A delay in obtaining pennits shall not give rise to a claim by the
Recipient for additional compensation. If the Recipient is unable to obtain all
necessary permits in a timely manner, either party may elect to tenninate this
Agreement, each party to bear its own costs, notwithstanding other provisions of
this Agreement to the contrary.
8.6 The Recipient hereby assures that no person shall be excluded on the grounds of
race, color, creed, national origin, handicap, age, or sex, from participation in,
denied the benefits of, or is otherwise subjected to discrimination in any activity
under this Agreement. The Recipient shall take all measures necessary to
effectuate these assurances.
ARTICLE 9 . INDEMNIFICATION
9.1 For value received, which is hereby acknowledged, the Recipient shall defend,
indemnify, save, and hold the District, its officers, directors, board members,
agents, assigns, and employees harmless from liabilities, damages, losses, and costs,
including, but not limited to reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentionally wrongful conduct of the Recipient and
other persons employed or utilized by the Recipient in the performance of the
Agreement. The District shall have the right to approve counsel selected by the
Recipient to defend the District in the event the District is named in any legal
action.
The Recipient further acknowledges that it is solely responsible for ensuring its
compliance and the compliance of its subcontractors, suppliers, agents, assigns,
invitees and employees with the terms of this Agreement. This paragraph shall
survive the expiration or termination of this Agreement.
ARTICLE 10 . RELATIONSHIP BETWEEN THE PARTIES
10.1 The Recipient shall be considered an independent contractor and neither party shall
be considered an employee or agent of the other party. Nothing in this Agreement
shall be interpreted to establish any relationship other than that of an independent
Agreement No. DG050236, Page 7 of 10
Agenda Item No. 16C9
March 8, 2005
Page 27 of 82
contractor between the parties and their respective employees, agents.
subcontractors, or assigns during or after the performance of this Agreement. Both
parties are free to enter into contracts with other parties for similar services.
10.2 The Recipient shall not assign. delegate or otherwise transfer its rights and
obligations as set forth in The Agreement without the prior written consent of the
District. Any attempted assignment in violation of this provision shall be null and
void.
10.3 It is the intent and understanding of the Parties that this Agreement is solely for the
benefit of the Recipient and the District. No person or entity other than the
Recipient or the District shall have any rights or privileges under this Agreement
in any capacity whatsoever, either as third-party beneficiary or otherwise.
ARTICLE 11 .. GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall
not be held liable for any failure or delay in the performance of this Agreement that
arises from fires, floods. strikes. embargoes. acts of the public enemy. unusually
severe weather, outbreak of war. restraint of government, riots. civil commotion,
force majeure. act of God. or for any other cause of the same character which is
unavoidable through the exercise of due care and beyond the control of the Parties.
Failure to perform shall be excused during the continuance of such circumstances.
but this Agreement shall otherwise remain in effect.
11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in Articles 1-11
(b) Exhibit "C" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein
by reference
11.3 Failures Of waivers to insist on strict performance of any covenant, condition. or
provision of this Agreement by the Parties. their successors and assigns shall not be
deemed a waiver of any of its rights or remedies. nor shall it relieve the other Party
ftom performing any subsequent obligations strictly in accordance with the terms of
this Agreement. No waiver shall be effective unless in writing and signed by the
Party against whom enforcement is sought. Such waiver shall be limited to
provisions of this Agreement specifically referred to therein and shall not be
deemed a waiver of any other provision. No waiver shall constitute a continuing
waiver unless the writing states otherwise.
11.4 Should any term or provision of this Agreement be held. to any extent, invalid or
unenforceable, as against any person. entity or circumstance during the term hereof.
Agreement No. DG050236, Page 8 of 10
~----
Agenda Item No. 16C9
March 8, 2005
Page 28 of 82
by force of any statute, law, or ruling of any forum of competent jurisdiction, such
invalidity shall not affect any other tenn or provision of this Agreement, to the
extent that the Agreement shall remain operable, enforceable and in full force and
effect to the extent penni tted by law.
11.5 This Agreement may be amended only with the written approval of the Parties.
11.6 This Agreement states that all publicity/outreach media will be jointly planned by
the Recipient and the District and any and all materials, events, or endorsements
arising out ofthis award will require prior District approval.
11.7 This Agreement states the entire understanding and Agreement between the Parties
and supersedes any and all written or oral representations, statements, negotiations
or Agreements previously existing between the Parties with respect to the subject
matter of this Agreement. The Recipient recognizes that any representations,
statements or negotiations made by District staff do not suffice to legally bind the
District in a contractual relationship unless they have been reduced to writing and
signed by an authorized District representative. This Agreement shall insure to the
benefit of and shall be binding upon the parties, their respective assigns, and
successors in interest.
Agreement No. DG050236, Page 9 of 10
Agenda Item No. 16C9·
March 8, 2005
Page 29 of 82
IN WI1NESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date written below.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
BY ITS GOVERNING BOARD
By:
Frank Hayden, Procurement Director
Date:
SFWMD Office of Counsel Approved
By:~~ate:
J../JhS
.
,111ft
snn.t1.18JØI{. ...
Recipient's Legal Name:
Board of County Commissioners
Collier County. Florida
II:
By Authorized Official:
Title:
Fred w. Coyle
Chairman
App:røn4 u to form &; lêgø1 rnrl'fWC1]~"Y
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" ..,.....-*-Cout1 AttorDeJ
Date:
SFWMD Procurement Approved:
~ ¡¿'-'r ~ Dote:J-I -(J.5
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Agreement No. DG050236, Page 10 of 10
Agenda Item No. 16C9
March 8, 2005
Page 30 of 82
EXHIBIT "C"
Statement of Work
1.0 INTRODUCTION
Collier County is requesting funding for Phase 1 of a project that involves building an
aquifer storage and recovery (ASR) system located along Carica Road. There are several
purposes for this ASR system. It will enhance the existing public water supply and
protect sensitive freshwater sources during critical dry months. The ASR system will
also delay costly treatment facility expansions, tap into previously unused resources,
and contribute toward the long-term reliability of the County's public water system.
Background
The basic principle behind an ASR system involves storing potable water in an
underground aquifer during times when excess water is available. The treated potable
water replaces the brackish, native water and forms a "bubble" of stored water in the
aquifer. Then, at times when demand exceeds treatment plant capacity, the potable
water is recovered from the aquifer, disinfected, and used to meet this demand.
Rapid growth and high dry-season demand for water have stressed Collier County's
sensitive freshwater aquifers. In 1999, Collier County finished construction of its first
ASR well system to help meet the County's water supply needs. The one million gallon
per day (MGD) system works by pumping potable water from the water treatment plant
during periods of low demand, into the Hawthorn Aquifer Zone II. Zone II is located
between 465 and 525 feet below the surface at the Manatee Road site. This brackish
aquifer serves as underground storage for the potable water. A drought early in 2001
proved this ASR successful when the County met its water resource demands by using
the recovered water.
Collier County anticipates that it will experience continued rapid population growth
with a concomitant increase in potable water demands. Water treatment facilities and
distribution systems typically constructed to meet the highest use over a projected 3- to
20-day time period are underused or idle for large parts of the year throughout the State
of Florida. If the County increases its water supply by constructing ASR systems, it
anticipates that it will meet future peak demands as well as offset the large capital costs
associated with expanding water treatment plants and upgrading water distribution
infrastructure.
The County is currently expanding their existing Manatee Road ASR system.
2.0 SCOPE
This new ASR system will provide additional water that will help meet local and
system-wide seasonal peaks in demand. The ASR system will store potable water that
will return to the distribution system as needed after post-recovery disinfection.
Phase 1 of this project will consist of permitting, installing and testing an exploratory
well. This well will confirm ASR feasibility and identify the best storage zone in the
Exhibit "C" to Agreement DG050236, Page 1 of 4
Agenda Item No. 16C9
March 8, 2005
Page 31 of 82
area. Later phases of the project will include permitting, construction and testing a one-
well pilot ASR system as well as constructing a second ASR well for an ultimate capacity
of three MGD from the two recharge and recovery wells. The scope of work for Phase 1
is more specifically detailed in Section 4.0.
The principal overall goals of the project are the following:
· Reduce dependence on the Lower Tamiami Aquifer to meet peak dry season
demands;
· Provide an emergency water source in the northwestern part of Collier
County's service area;
· Minimize the need for wellfield, transmission line and water treatment
system expansions; and
· Comply with the Lower West Coast Water Supply Plan objectives.
3.0 PROJECT JUSTIFICATION
County Planning projections indicate that by the year 2005, maximum daily demands
for water in Collier County will increase by almost 8 MGD, to a total of approximately
39 MGD. The project provides an economical means for the County to capture a
valuable resource, allowing them to meet future demands.
3.1 Potential for Significant and Lasting Benefits
As a short-term benefit, the completion of the exploratory program will allow the
construction of the pilot ASR system. The pilot system will provide a supplemental
source of water at the Carica Road pump station site that can be used for emergency
supply and meeting peaks in demand.
As a long-term benefit, ASR systems at Carica Road and elsewhere i.rt Collier County
will be an important element for optimizing water resources management. ASR will
serve an increasingly important role in capturing the excess water available during the
summer rainy season for use during the dry season when demand is greatest.
4.0 WORK BREAKDOWN STRUCfURE (WBS)
The County wishes to further their reliance on ASR based on the success of their existing
Manatee Road ASR system. This section describes the methodology and rationale for
Phase 1 of this proposed project.
4.1 Description of Project Elements
Phase 1 consists of a hydrogeology data review, followed by exploratory well
conceptual design, permitting, construction, and start-up. Phase 1 will take place over
the course of a one-year timeframe.
4.1.1 Task 1: Data Review and Preliminary Permitting
The first task of Phase 1 involves performing a review of existing hydrogeology data in
the area of the Carica Road pump station site. This task is currently ongoing and is not
part of the grant request. This review will identify a potential storage zone for the ASR
by considering site boundaries and constraints, locations of regulated land areas (i.e.
wetlands), existing infrastructure, above and below ground rights-of-way, easements,
Exhibit "C" to Agreement DG050236, Page 2 of 4
Agenda Item No. 16C9
March 8, 2005
Page 32 of 82
and any other legal constraints. This data review will also include completing a well
inventory of the surrounding area, which will identify any potential impacts on nearby
aquifer users.
Part of this task also includes preparing and submitting an application for a Florida
Deparbnent of Environmental Protection (FDEP) construction permit for the exploratory
well. This exploratory well will ultimately function as a storage zone monitor well for
the Carica Road ASR system.
4.1.2 Task 2: Exploratory Well Construction and Testing
Upon completion of FDEP permitting, the second task of Phase 1 will involve
constructing an exploratory well at the Carica Road site. The objective of this
exploratory well is to obtain site specific hydrogeology data important for identifying
the preferred ASR storage zone. The well testing program will include geophysical
logging, packer tests, step-draw down tests, and collecting water samples for analysis of
formation. This allows evaluation of the potential for adverse fluid-rock interactions in
the aquifer.
4.1.3 Task 3: Well Completion Report and Preliminary Design for One Well Pilot
ASR System
Task 3 will involve completing a Well Completion Report, which will document all
construction and testing activities, for submittal to the FDEP Drinking Water and
Underground Injection Control Division.
If the exploratory well program results are favorable, this report will also include the
conceptual design for the one well pilot ASR system. The conceptual design will include
analyses of potential well interactions, injected water movement and recovery,
conceptual level drawings of the well site, wellhead equipment, cOIU1ecting piping,
hydraulic analysis, and preliminary post-recovery water treatment system process
instrumentation and control diagrams.
11ùs report will also function as a basis for initial discussions with the FDEP and the
South Florida Water Management District (SFWMD). Based on input received from
these discussions, the County will make modifications and develop appropriate permit
applications for the next phase of the project.
5.0 PROJECT COST
The construction costs for Phase 1 are equal to approximately $220,000. A cost
breakdown for all of Phase 1 is provided in the following table:
20,000
220,000
10,000
60,000
20,000
Exhibit "C" to Agreement DG050236, Page 3 of 4
Agenda Item No. 16C9
March 8, 2005
Page 33 of 82
6.0 LOCATION OF PROJECf
Collier County plans to use its Carica Road pump station site as the location of this new
ASR system. This site is located in the northwestern portion of the County near the
intersection of Carica Road and Goodlette Road. It is approximately five acres, owned
by Collier County, and zoned for Public Utility use. Water storage and pumping
facilities currently exist at this site, making it especially conducive for this project. An
aerial view illustrating the project location is attached as Figure 1.
7.0 DELIVERABLE SŒEDULE
The following table provides a detailed project schedule. Phase 1 is estimated to be
completed within 12 months.
1 Data Collection and November 1, 2003 May 31,2004 7
Permitting associated
with constructing the
ex lorato well
2 Exploratory well June 1, 2004 August 31, 2004 3
construction and
testin
3 Well completion report September 1, 2004 October 31, 2004 2
and preliminary design
for one well pilot ASR
s stem
Total October 15, 2003 October 31, 2004 12
Exhibit "C" to Agreement DG050236. Page 4 of 4
Agenda Item No. 16C9
March 8, 2005
Page 34 of 82
EXHIBIT "D"
SUMMARY SCHEDULE OF TASKS AND DELlVERABLES
·
A summary deliverable schedule associated with this project is set forth below. The schedule is based
on a not-to-exceed thirty six months agreement.
·
All dellverables submitted hereunder are subject to review by the District. Due dates for all deliverables
are based on the number of months from the date of agreement execution. The Recipient hereby
agrees to provide the District all deliverables, data and information described in the Statement of Work
in both written and electronic four-digit format.
·
Payment shall be made following receipt and acceptance by the District of project deliverables in
accordance with the schedule set forth below. Total payment by the District for all work completed
herein shall not exceed the amount of $50.000.00. AJI payments are subject to District fiscal year
appropriations.
Total:
2
3
Data Collection and Permitting
associated with constructing the
ex lorato well
Exploratory well construction and
testin
Well completion report and
preliminary design for one well pilot
ASR s stem
Exhibit aD" to Agreement DG050236, Page 1 of 1
---_._--- ----.--
-
-_.
\
AgenDlfßæAL
2004-2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ALTERNATIVE WATER SUPPLY
FUNDING PROGRAM AGREEMENT
Recipient:
Collier County Board of County
Commissioners
Recipient's Project Manager:
Alicia Abbott
Address:
3301 Tamiami Trail E.
Bldg. H, 3rd Floor
Naples, Florida 34112
Telephone No:
239-530-5344
Fax No:
239-530-5378
SFWMD Project Manager:
Elliot Kampert
Address:
2301 McGregor Blvd.
Fort Myers, Florida 33901
Telephone No:
239-338-2929 X 7745
Fax No:
239-338-2936
Insurance
N/A
Federal Employer Identification Number:
21-07 -OI9995-53C
Project Title:
Collier County Reclaimed Water Aquifer Storage and Recovery Project.
Description:
Construction of One Pilot ASR Well and Two Monitoring Wells to Provide Seasonal Storage of
Reclaimed Water in the West Season and Recove Durin the D Season when Demand is Greatest.
---.-- . ..- .--.... - ---....-....... ..---
Agreement No. DG050234, Page 1 of 10
Agenda Item No. 16C9
March 8, 2005
Page 36 of 82
This Agreement is entered into between "the Parties", the South Florida Water
Management District (SFWMD), the "District", and the undersigned Applicant,
hereinafter referred to as the "Recipient." The Recipient warrants and represents that it
has no obligation or indebtedness that would impair its ability to fulfill the tenns and
conditions of this Agreement, and shall abide by all legal, financial, and reporting
requirements, such as matching funds and final reports for all funding received by the
Recipient ftom the District.
ARTICLE 1 - PROJECT
1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct
and perfonn all work items described in the "Statement of Work," attached hereto as
Exhibit "C", and made a part of this Agreement.
1.2 As part of the services to be provided by the Recipient under this Agreement, the
Recipient shall substantiate, in whatever fonn reasonably requested by the District,
any supporting documentation utilized as a basis for payment by the District. This
paragraph shall survive the expiration or termination ofthis Agreement.
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of performance of this Agreement shall commence upon the last date of
execution of this Agreement and shall continue for a period not to exceed thirty-six
(36) months.
2.2 The Parties agree that time is of the essence in the performance of each and every
obligation under this Agreement.
ARTICLE 3 - COMPENSATION/CONSIDERATION
3.1 As consideration for providing the goods and services required by this Agreement,
the District shall pay the Recipient the funding amount as specified on ftont page.
Such amount is a not to exceed amount and therefore, no additional consideration
shall be authorized. Recipient must provide at least fifty (50) percent of the total
project cost, with the exception of designated REDI communities.
Agreement No. DG050234, Page 2 of 10
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....--
Agenda Item No. 16C9
March 8, 2005
Page 37 of 82
3.2 The Recipient assumes sole responsibility for all work, which is performed
pursuant to Exhibit "C". By providing funding hereunder, the District does not
make any warranty, guaranty, or any representation whatsoever regarding any of the
work performed hereunder, including but not limited to the adequacy or sufficiency
of all or any part of work described in Exhibit "C".
3.3 The Recipient hereby agrees not to use District funding for any work associated
with the research, design and permitting aspects of the Project. District funds shall
only be used for capital or infrastructure costs for the construction activities
described in Exhibit "C".
ARTICLE 4 - FUNDING PAYMENTS AND REPORTING
4.1 The District shall make payment to the Recipient upon completion and acceptance
of the final deliverable as described in Exhibit "C". The Recipient shall provide
certification that all construction has been completed in accordance with Exhibit
"C" of this Agreement.
4.2 The Recipient's invoice shall reference the District's Agreement Number and shall
be sent to the Project Manager at the address stated on the first page of this
Agreement. The Recipient shall not submit an invoice to any other address at the
District.
4.3 The District shall have the right to inspect all work and review final reports before
authorization of payment is made to the Recipient. It is the policy of the District
that payment for all goods and services shall be made in a timely manner and that
interest payments are made on late payments. In accordance with Florida Statutes,
Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an
invoice that conforms to all statutory requirements and all District requirements as
set forth in the Agreement for invoice submission. The time at wmch payment shall
be due from the District shall be forty-five (45) days from receipt of a proper
invoice and acceptance of services and/or deliverables, based on compliance with
the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of
the District conditions as detailed in the Agreement.
Failure of the Recipient to follow the instructions set forth in the Agreement
regarding a proper invoice and acceptable services and/or deliverables may result in
an unavoidable delay in payment by the District. All payments due from the District
for a proper invoice and acceptable services and/or deliverables and not made within
the time specified in this section shall bear interest from thirty (30) days after the
due date at the rate of one percent (1%) per month on the unpaid balance. The
Recipient shall invoice the District for payment of any accrued unpaid interest.
.-
Agreement No. DG050234, Page 3 of 10
-.-----
_.----
Agenda Item No. 16C9
March 8, 2005
Page 38 of 82
Any disputes regarding invoice payments which cannot be resolved by the
appropriate department of the District shall be concluded by final written decision
of the District Leadership Team not later than sixty (60) days after the date on
which the proper invoice was received by the District.
4.4 Upon award of the Agreement, the Recipient shall provide to the District a
detailed schedule of the Project. The Recipient shall provide three (3) copies of
progress reports every six months to the District, which shall describe the extent
of Project completion. Upon request by the District, the Recipient shall provide as
supporting documentation, all work products associated with the completion of
the tasks designated in the Work Breakdown Structure Exhibit "C", and Schedule
of Tasks and Deliverables Exhibit "D", attached to this Agreement.
ARTICLE 5 - PROJECT MANAGEMENT
5.1 The Parties shall direct all matters arising in connection with the performance of
this Agreement, other than invoices and notices, to the attention of the Project
Managers. The Project Managers shall be responsible for overall coordination and
oversight relating to the performance of this Agreement.
5.2 All notices, demands, or other communications to the Recipient under this
Agreement shall be in writing and shall be deemed received if sent by certified
mail, return receipt requested, to the address stated.
All notices to the District under this Agreement shall be in writing and sent by
certified mail to:
South Florida Water Management District
Attn: (District Project Manager's name as stated on the first page of the
Agreement)
(Address as stated on the first page of the Agreement)
5.3 All notices required by this Agreement shall be considered delivered upon receipt.
Should either Party change its address, written notice of such new address shall
promptly be sent to the other Party.
5.4 All correspondence to the District under this Agreement shall reference the
District's Agreement Number.
Agreement No. DG050234, Page 4 of 10
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Agenda Item No. 16C9
March 8, 2005
Page 39 of 82
ARTICLe 6 - TERMINATION I REMEDIES
6.1 It is the policy of the District to encourage good business practices by requiring
recipients to materially perform in accordance with the terms and conditions of
the Agreement. In accordance with District Rule 40E-7, Part II, F.A.C., "material
breach" is defmed as any substantial, unexcused non-performance by failing to
perform an act that is an important part of the transaction or performing an act
inconsistent with the terms and conditions of the Agreement.
If the Recipient materially fails to fulfill its obligations under this Agreement, the
District will provide written notice of the deficiency by forwarding a Cure Notice
citing the specific nature of the material breach. The Recipient shall have thirty
(30) days to cure the breach. If the Recipient fails to cure the breach within the
thirty (30) day period, the District shall issue a Termination for Default Notice.
Once the District has notified the Recipient that it has materially breached its
agreement with the District, by sending a Termination for Default Notice, the
District's Governing Board shall determine whether the Recipient should be
suspended from doing future work with the District, and if so, for what period of
time. The District's Governing Board will consider the factors detailed in Rule
40E-7, Part II, F.A.C. in making a determination as to whether a Recipient should
be suspended, and if so, for what period of time. Should the District terminate for
default in accordance with this provision, the District shall be entitled to recover
reprocurement costs in addition to all other remedies under law and/or equity.
6.2 The District may terminate this Agreement at any time for convenience upon
thirty (30) calendar days prior written notice to the Recipient. The performance
of work under this Agreement may be terminated by the District in accordance
with this clause in whole, or from time to time in part, whenever the District shall
determine that such termination is in the best interest of the District. Any such
termination shall be effected by delivery to the Recipient of a Notice of
Termination specifying the extent to which performance of work under the
Agreement is terminated, and the date upon which such termination becomes
effective. In the event of termination, the District shall compensate the Recipient
for all authorized and accepted work performed through the termination date. The
District shall be relieved of any and all future obligations hereunder, including
but not limited to, lost profits and consequential damages under this Agreement.
The District may withhold all payments to the Recipient for such work until such
time as the District determines the exact amount due to the Recipient.
6.3 In the event a dispute arises, which the Project Managers cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation.
The mediator or mediators shall be impartial, shall be selected by the Parties, and
the cost of the mediation shall be borne equally by the Parties. The mediation
process shall be confidential to the extent permitted by law.
Agreement No. DG050234, Page 5 of 10
Agenda Item No. 16C9
March 8, 2005
Page 40 of 82
ARTICLE 7 . RECORDS RETENTION
7.1 The Recipient shall maintain records and the District shall have inspection and
audit rights as follows:
A. Maintenance of Records. The Recipient shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this Agreement, including supporting documentation for any
service rates, expenses, research or reports. Such records shall be maintained
and made available for inspection for a period of five (5) years from completing
performance and receiving final payment under this Agreement.
B. Examination of Records. The District or its designated agent shall have the
right to examine in accordance with generally accepted governmental auditing
standards all records directly or indirectly related to this Agreement. Such
examination may be made only within five (5) years from the date of final
payment under this Agreement and upon reasonable notice, time and place.
C. Extended Availability of Records for Legal Disputes. In the event that the
District should become involved in a legal dispute with a third party arising
from performance under this Agreement, the Recipient shall extend the period
of maintenance for all records relating to the Agreement until the final
disposition of the legal dispute, and all such records shall be made readily
available to the District.
D. Periodic Audits. The District shall perform audits periodically to ensure funding
objectives are being met.
ARTICLE 8 - STANDARDS OF COMPLIANCE
8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all
applicable federal, state, and local laws and regulations relating to the performance
of this Agreement. The District undertakes no duty to ensure such compliance, but
will attempt to advise the Recipient, upon request, as to any such laws of which it
has present knowledge.
8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the
event it is necessary for either party to initiate legal action regarding this
Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state
law and in the Southern District of Florida for any claims, which are justifiable in
federal court.
8.3 The Recipient shall allow public access to all Project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the
Recipient assert any exemptions to the requirements of Chapter 119 and related
Agreement No. DG050234, Page 6 of 10
----...-
,-
Agenda Item No. 16C9
March 8, 2005
Page 41 of 82
Statutes, the burden of establishing such exemption, by way of injunctive or other
relief as provided by law, shall be upon the Recipient.
8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the
expenditure of any funds under this Agreement to lobby the Legislature, the
judicial branch, or another state agency.
8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations
and pennits from the appropriate private party or federal, state, municipal or local
agency, and other governmental approvals, prior to commencing performance of
this Agreement. A delay in obtaining permits shall not give rise to a claim by the
Recipient for additional compensation. If the Recipient is unable to obtain all
necessary pennits in a timely manner, either party may elect to tenninate this
Agreement, each party to bear its own costs, notwithstanding other provisions of
this Agreement to the contrary.
8.6 The Recipient hereby assures that no person shall be excluded on the grounds of
race, color, creed, national origin, handicap, age, or sex, ftom participation in,
denied the benefits of, or is otherwise subjected to discrimination in any activity
under this Agreement. The Recipient shall take all measures necessary to
effectuate these assurances.
ARTICLE 9 . INDEMNIFICATION
9.1 For value received, which is hereby acknowledged, the Recipient shall defend,
indemnify, save, and hold the District, its officers, directors, board members,
agents, assigns, and employees hannless from liabilities, damages, losses, and costs,
including, but not limited to reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentionally wrongful conduct of the Recipient and
other persons employed or utilized by the Recipient in the perfonnance of the
Agreement. The District shall have the right to approve counsel selected by the
Recipient to defend the District in the event the District is named in any legal
action.
The Recipient further acknowledges that it is solely responsible for ensuring its
compliance and the compliance of its subcontractors, suppliers, agents, assigns,
invitees and employees with the tenns of this Agreement. This paragraph shall
survive the expiration or tennination of this Agreement.
ARTICLE 10 . RELATIONSHIP BETWEEN THE PARTIES
10.1 The Recipient shall be considered an independent contractor and neither party shall
be considered an employee or agent of the other party. Nothing in this Agreement
shall be interpreted to establish any relationship other than that of an independent
Agreement No. DG()50234, Page 7 of 10
Agenda Item No. 16C9
March 8, 2005
Page 42 of 82
contractor between the parties and their respective employees, agents,
subcontractors, or assigns during or after the perfonnance of this Agreement. Both
parties are free to enter into contracts with other parties for similar services.
10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and
obligations as set forth in The Agreement without the prior written consent of the
District. Any attempted assignment in violation of this provision shall be null and
void.
10.3 It is the intent and understanding of the Parties that this Agreement is solely for the
benefit of the Recipient and the District. No person or entity other than the
Recipient or the District shall have any rights or privileges under this Agreement
in any capacity whatsoever, either as third-party beneficiary or otherwise.
ARTICLE 11 - GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall
not be held liable for any failure or delay in the perfonnance of this Agreement that
arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually
severe weather, outbreak of war, restraint of government, riots, civil commotion,
force majeure, act of God, or for any other cause of the same character which is
unavoidable through the exercise of due care and beyond the control of the Parties.
Failure to perfonn shall be excused during the continuance of such circumstances,
but this Agreement shall otherwise remain in effect.
11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in Articles 1-11
(b) Exhibit "C" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein
by reference
11.3 Failures or waivers to insist on strict perfonnance of any covenant, condition, or
provision of this Agreement by the Parties, their successors and assigns shall not be
deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party
from perfonning any subsequent obligations strictly in accordance with the tenns of
this Agreement. No waiver shall be effective unless in writing and signed by the
Party against whom enforcement is sought. Such waiver shall be limited to
provisions of this Agreement specifically referred to therein and shall not be
deemed a waiver of any other provision. No waiver shall constitute a continuing
waiver unless the writing states otherwise.
11.4 Should any tenn or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the tenn hereof,
Agreement No. DG050234, Page 8 of 10
Agenda Item No. 16C9
March 8, 2005
Page 43 of 82
by force of any statute, law, or ruling of any forum of competent jurisdiction, such
invalidity shall not affect any other term or provision of this Agreement, to the
extent that the Agreement shall remain operable, enforceable and in full force and
effect to the extent permitted by law.
11.5 This Agreement may be amended only with the written approval of the Parties.
11.6 This Agreement states that all publicity/outreach media will be jointly planned by
the Recipient and the District and any and all materials, events, or endorsements
arising out of this award will require prior District approval.
11.7 This Agreement states the entire understanding and Agreement between the Parties
and supersedes any and all written or oral representations, statements, negotiations
or Agreements previously existing between the Parties with respect to the subject
matter of this Agreement. The Recipient recognizes that any representations,
statements or negotiations made by District staff do not suffice to legally bind the
District in a contractual relationship unless they have been reduced to writing and
signed by an authorized District representative. This Agreement shall insure to the
benefit of and shall be binding upon the parties, their respective assigns, and
successors in interest.
Agreement No. DG050234, Page 9 of 10
~"...._---,-".-.
Agenda Item No. 16C9
March 8, 2005
Page 44 of 82
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date written below.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
BY ITS GOVERNING BOARD
By:
Frank Hayden, Procurement Director
Date:
SFWMD Office of Counsel Approved
By: {)1vv..:> e,~ Date: ì-/ I J 6 (
ATTIS!
D'lÌJØIIT B. ~ ,,-
Recipient's Legal Name:
Board of County Commissioners
Collier County, Florida
BY:
By Authorized Official: _
Fred W. Coyle
Applo4". to form " legal8Uftici.ency
I'll ~ ~w..----
" "~Cow1t1 Attorney
Title:
Chairman
Date:
Procurement Approved:
£ Date: J- 1-/Js'
By:
Agreement No. DG050234, Page 10 of 10
~------...
Agenda Item No. 16C9
March 8, 2005
Page 45 of 82
-
EXHIBIT "C"
STATEMENT OF WORK
1.0 INTRODUCTION
Aquifer Storage and Recovery (ASR) is a method of increasing the available
water supply by storing excess water in underground aquifers, and recovering it
when needed to satisfy peak demands. Collier County has identified the need
for 140 million gallons of reclaimed water storage in order to expand and
maximize the effectiveness of the County's existing reuse program. ASR
provides the most cost-effective means to achieve these storage objectives for
reclaimed water.
Even with the extensive reuse program that Collier County has, during rainy
periods when irrigation demand is low, excess reclaimed water must be disposed
of using percolation ponds and deep injection wells. However, with adequate
seasonal storage, reclaimed water can be used much more effectively; reducing
irrigation withdrawals from surface or groundwater systems during critical dry
season periods and reducing loss of valuable freshwater resources. For these
reasons, the use of ASR for storage of reclaimed water is consistent with the
goals and objectives of the South Florida Water Management District.
Collier County has already committed funding and support to ASR technology.
The proposed reuse ASR project would utilize reclaimed water from the North
County Water Reclamation Facility (NCWRF). The County has already selected
a site for the project and submitted the application for the FDEP permit. Initial
exploration wells have also been drilled.
2.0 SCOPE
The scope of the project is to construct one pilot ASR well and two deep monitor
wells. The project will create a facility for the storage and recovery of more than
140 million gallons of reclaimed water. It is anticipated that upon completion,
the proposed well would accept injectate and recover water at a rate of 1.0 to 1.5
million gallons per day (MGD). Injection would occur over a 90 to 120-day
period during the wet season, or whenever excess wastewater was available.
Recovery would take place on an as-needed basis to increase dry season
reclaimed water flows to County reuse customers. The scope of work is detailed
in the Work Breakdown Structure (Section 4.0)
Plans and contract specifications will be submitted to the County for review and
test/ construction permits will be obtained prior to start of construction.
Exhibit "C" to Agreement DG050234, Page 1 of 9
Agenda Item No. 16C9
March 8,2005
Page 46 of 82
The principal goals of the project are to:
. Increase availability of reclaimed water,
· Decrease the loss of reclaimed water using traditional disposal
methods, and
· Reduce dependence on freshwater aquifers to meet dry season
demands.
3.0 PROJECT JUSTIFICATION
This project is justified because of the opportunity to conserve significant
quantities of fresh water and to reduce the amount of reclaimed water being lost
through conventional disposal methods. During the wet season or other rainy
periods, reclaimed water frequently goes unused. With adequate storage
available, this excess water would be available for beneficial use during the dry
season. The storage of wet season reclaimed water for use during the dry season
will also relieve demands on potable aquifers during the dry season.
The capital cost of ASR versus the cost of conventional water storage is more
economic than conventional storage. Other cost/benefit opportunities will be
seen when the ASR program is complete and the dry season irrigational
demands are supplied with stored ASR wells, thus reducing potable water
demands.
3.1. Potential for Significant and Lasting Benefits
Implementation of an ASR facility has significant and lasting benefits for Collier
County by providing the following:
· A means to meet future irrigation water storage and demand
· Effective management of existing water resources including the
ability to:
- Maintain wellfield safe yield
- Enhance wet season production
- Reduce aquifer stress during the dry season
· Reduction or delay of the need for future well field expansion
Exhibit "Cn to Agreement DG050234, Page 2 of 9
Agenda Item No. 16C9
March 8, 2005
Page 47 of 82
4.0 WORK BREAKDOWN STRUCTURE
4.1. Description of Project Elements
The pilot ASR well will be completed with a 12-inch diameter casing to
approximately 800 feet below land surface (bls) and an open hole extending to
approximately 860 feet. One single-zone monitor well will be completed in the
first permeable zone above the ASR storage zone using 6.625-inch D.O., 0.562-
inch wall steel casing. The other well will be completed to the same depth as the
ASR well using 6-inch 0.0., 0.562-inch wall steel casing. Final depths will be
determined from subsurface data obtained during well construction.
The project will be comprised of the following construction elements:
1. Competitive bidding and contract documents
2. Site preparation and drilling pad construction
3. Pilot ASR well construction and testing
4. ASR monitor well construction
5. Pump purchase and installation
Tasks required to complete the pilot ASR project are described below.
Task 1 - Preconstruction Activities
· Review plans and specifications for pilot ASR well and monitor
wells
· Bid Contract, Select Contractor, Award Contract, Notice to Proceed
· Acquire utility easements
· Obtain required construction permits
Work Products: Contract Documents for pilot ASR well and monitor well,
construction permits.
Deliverable: Approved Plans and Specifications, Contract Documents, Recorded
Easements, Construction pennits.
Task 2 - Preliminary Construction Activities
· Review and evaluate contractor submittals
· Gear site and conduct surveying
·
Mobilize drilling equipment
.-
f
Exhibit "e" to Agreement DG050234, Page 3 of 9
Agenda Item No. 16C9
March 8, 2005
Page 48 of 82
· Install temporary utility services
· Construct drilling pad and install water table monitor wells
Work Products: Contractor submittals, equipment list, material and supplier's
list, subcontractor's list, horizontal and vertical control, daily log (applicable to
all tasks), mill certificates.
Deliverable: Completed materials! equipment lists.
Task 3 - Proposed Sequence of Drilling and Testing of Pilot ASR Test/Monitor
Wells
LOWER-HAWTHORN ZONE II MONITORING WELL (LHZ2MW)
1. Mobilize and prepare site
2. A minimum 16-inch a.D., O.375-inch wall pit casing will be set at a depth to
be determined by the Contractor subject to review by the Engineer.
3. Drill a 12.25-inch diameter hole using the mud rotary method from base of
the surface casing to a point approximately 730 feet bls.
4. Conduct required geophysical logging .
5. As an alternative, the Contractor may elect to run a cement basket or other
similar device on the steel pipe. The tremmie method would than be used
to pump all stages of cement and back plugging would not be required.
6. Install approximately 635 feet of 6.625-inch a.D., 0.562-inch wall steel casing
with centralizers.
7. Pressure grout the annulus with neat cement to a mirúmum of 100 feet
above the bottom of the casing. Conduct required temperature log.
8. Grout the remaining annulus in stages to the surface with cement grout
containing 4 % bentonite by the tremie method.
9. Clean out open hole from the base of the production casing to 730 feet. This
work should not begin for at least 24 hours after the last cement stage is
performed.
10. Develop well until turbidity is less than 1 NTU or until Engineer indicates
water quality is acceptable.
Exhibit "C" to Agreement DG050234, Page 4 of 9
Agenda Item No. 16C9
March 8, 2005
Page 49 of 82
.'-
11. Collect clean water samples for primary and secondary drinking water
standards analysis and minimum criteria for sewage effluent.
12. Complete wellhead.
13. Once the ASR and monitor wells are installed, a well step test only will be
performed to evaluate the well and aquifer response. This· test shall be
performed after any required acid treatment.
Work Products: Lithologic samples, water samples, geophysical logs, video
survey, geologist log, water quality analyses results, packer test data and
interpretation results, instrument calibration data, cementing operations plan
and records, casing installation tabulation, description/ record drawings, well
completion report, and drilling disposal plan and approval.
Deliverable: Installed and Tested ASR Monitor Well.
Task 4 - Proposed Sequence of Drilling and Testing of Pilot ASR
Injection/Recovery Well
ASR Well
1. Mobilize and prepare site
2. A minimum 38-inch I.D., 0.375-inch wall pit casing will be set at a depth to
be determined by the Contractor.
3. Drill a nomina112-inch diameter borehole to approximately 325 feet below
land surface (bls) using the mud rotary method.
4. Conduct required geophysical logging.
5. Ream hole to nominal 34 inches. Clean hole and perform caliper survey.
6. Install approximately 320 feet of 28-inch a.D., O.375-inch wall steel surface
casing.
7. Circulate mud until the return mud properties approach the properties of
the injected mud. Pressure grout surface casing with neat cement.
Temperature logs will need to be performed after each stage to help locate
the top of cement. Temperature logs should be run 6-8 hours after a cement
stage.
Exhibit "C" to Agreement DG050234. Page 5 of 9
Agenda Item No. 16C9
March 8, 2005
Page 50 of 82
8. Oean casing of drilling mud.
9. Drill a 12-inch diameter pilot hole using the reverse-air method from base of
the surface casing to a point approximately 880 feet bls.
10. Collect dean water samples at every rod change during reverse air drilling
of the pilot hole and during the drilling of additional open hole if required.
Also monitor flow rates and monitor water levels as required.
11. Conduct required geophysical logging, specified flow tests and video
survey.
12. Ream pilot hole to 22 inches by the reverse air method to the casing setting
depth as specified by the engineer (approximately 800 ft).
13. Conduct required geophysical logging . Develop well until discharge water
is clear.
14. Backfill the well with the drill cuttings to a point 20 to 30 feet below the
casing. set point. Once the cuttings level (gravel level) is reached at
approximately 20 feet below the casing set point backfill the hole with
20/40 or similar mesh sand to a point approximately 5 feet below the base
of the casing setting point. A small plug of cement should be set on top of
the sand.
15. Install approximately 795 feet of 16-inch I.D. to 12-inch I.D. tapered
fiberglass casing with centralizers.
16. Pressure grout the armulus with neat cement to a minimum of 100 feet
above the bottom of the casing. The maximum surface pressure during this
operation should not exceed 50% of the burst pressure of the 16-inch casing.
Conduct required temperature log.
17. Grout the remaining annulus in stages to the surface with cement grout
containing 4 % bentonite by the tremie method.
18. Oean out open hole from the base of the production casing to
approximately 860 feet bls using the reverse air technique and an ll-inch
bit.
19. Develop well, conduct video survey and conduct testing.
Exhibit "C" to Agreement DG050234, Page 6 of 9
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.__.-.. ....
.-- . ----.--.----
Agenda Item No. 16C9
March 8, 2005
Page 51 of 82
20. Help Engineer collect clean water samples for primary and secondary
drinking water standards analysis.
21. Conduct optional acid treatment of well if requested by Project Engineer.
22. Complete wellhead.
23. Once the ASR and monitor wells are installed, a well performance test will
be performed to evaluate overall regional response.
24. Perform bacterial clearance in the ASR well after final testing on the well is
complete.
-
Work Products: Lithologic samples, geophysical logs, video survey, laboratory
analyses, instrument calibration data, cementing operations plan and records,
casing installation tabulation, development and test records, inclination survey
test results, final well description/record drawings, records required by law,
well completion report, grout card and drilling water disposal plan and
approval.
Deliverable: Installed and Tested Pilot ASR Well. Well Completion Report with
all data.
Task 5 - Proposed Construction Sequence of Surface Facilities
· Install pump in ASR well
· Install appropriate surface treatment equipment (filters,
disinfection system, etc.)
· Demobilization (restoration and cleanup)
Work Products: Vertical and horizontal control, materials tabulation records,
testing records, startup logs, and certifications.
Deliverable: Completed Surface Facilities.
Task 6 - Final Construction Documents
· Prepare shop drawings and equipment information
· Prepare operations and maintenance manuals
· Conduct traiIÙng on equipment operations and maintenance
· Certify preparation of operation and maintenance manuals
Exhibit MCn to Agreement DG050234, Page 7 of 9
--.-----...-.----.-- ------..---..- ..--. ---
Agenda Item No. 16C9
March 8, 2005
Page 52 of 82
Work Products: Shop drawings, record drawings, one copy of Operation &
Maintenance Manuals.
Deliverable: Final Construction Documents.
4.2. Design Description
The design includes the following:
. One 12-inch diameter injection well cased to approximately 800 feet
below land surface, and an open hole injection/ recovery zone from
approximately 800 to approximately 860 feet.
. Two 6-inch monitor wells cased to approximately 635 and 800 feet
below land surface respectfully, and an open hole monitor zones
from approximately 635 to 730 and 800 to 840 feet, respectively.
The ASR pilot project is designed to obtain site-specific hydrogeologic and water
quality data in order to identify and select an optimum storage interval. Discreet
interval hydraulic testing will be conducted during drilling of the deep
test/ monitor well. The primary objectives will be to determine the
transmissivities of the storage zone and the confining characteristics of the zones
above and below the storage zone. Final completion depths for the ASR well will
be determined following review and interpretation of data collected during
construction of the monitor well pilot hole. The deep test/monitor well will
subsequently be used as an observation well for an aquifer performance test and
a monitor well for the storage interval during operational testing of the ASR well.
5.0 Project Cost
This phase of the ASR project is estimated at $2J65,000. The construction cost
associated with the project is $1,665,000. The individual cost estimates for the
various tasks described above are as follows:
Task
1.
2.
3.
4.
5.
Descri tion
Preconstruction Activities
Preli Construction and Site Work
Pi eline Construction
Pretreatment Facilities
Electrical Preconstruction Activities
Costs
$410,000
$210,000
$450,000
$440,000
$90,000
Exhibit "C" to Agreement DG050234, Page 8 of 9
-..--- .------
Agenda Item No. 16C9
March 8, 2005
Page 53 of 82
.-,
6. ASR Well and Pump $380,000
7. Monitoring Wells $160,000
8. Final Construction Documents $25,000
Total Estimated Design and Construction Cost $2,165,000
6.0 Location of the Project
The project is located north of the Pelican Bay Wellfield, off Livingston Road in
Collier County. The injection well and monitor wells will be installed on
easements obtained by the County.
7.0 Deliverable Schedule
The project is estimated to be completed in 12 months. Preconstruction activities
will commence in June 2004 with all construction completed by January 2006.
Exhibit "C" to Agreement DG050234, Page 9 of 9
Agenda Item No. 16C9
March 8, 2005
Page 54 of 82
EXHIBIT "D"
SUMMARY SCHEDULE OF TASKS AND DELlVERABLES
· A summary deliverable schedule associated with this project is set forth below. The schedule is based
on a not-to-exceed thirty six months agreement.
· All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverabJes
are based on the number of months from the date of agreement execution. The Recipient hereby
agrees to provide the District all deliverables, data and information described in the Statement of Work
in both written and electronic four-digit fonnat.
· Payment shall be made following receipt and acceptance by the District of project deliverables in
accordance with the schedule set forth below. Total payment by the District for all work completed
herein shall not exceed the amount of $450.000.00. All payments are subject to District fiscal year
appropriations.
1 Preconstruction Activities
2 Prelimina Construction & Site Work
3 Pi eline Construction
4 Pretreatment Facilities
5 Electrical Preconstruction Activities
6 ASR Well and Pum
7 Monitorin Wells
Letter of Completion
36 months
$450,000.00
$450,000.00
8
Final Construction Documents
Total:
Exhibit "D" to Agreement DG050234, Page 1 of 10
)
Age€) Ri6.ttiA L
Page 55 of 82
. 2004-2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ALTERNATIVE WATER SUPPLY
FUNDING PROGRAM AGREEMENT
,-..
Telephone No:
239-530-5345
Fax No:
239-530-5378
SFWMD Project Manager:
Elliot Kampert
Recipient:
Collier County Board of County
Commissioners
Recipient's Project Manager:
Sandy Sridhar
Address:
3301 Tamiami Trail E.
Bldg. H, 3rd Floor
Naples, Florida 34112
Address:
2301 McGregor Blvd.
Fort Myers, Florida 33901
Telephone No:
239-338-2929 X 7745
Fax No:
239-338-2936
Insurance
N/A
Federal Employer Identification Number:
21-07-019995-53C
Project Title:
Goodlette Frank Road Forcemain and Reclaimed Water Main.
Description:
Construction of Approximately +/- 6000 LF of 20" Reclaimed Water Main Along Goodlette Frank Rd.
South from the NCWRF to Vanderbilt Beach Rd. to Supplement an Existing 20" Reclaimed Water Main.
Agreement No. DG050238, Page 1 of 10
-------......-
Agenda Item No. 16C9
March 8, 2005
Page 56 of 82
This Agreement is entered into between "the Parties", the South Florida Water
Management District (SFWMD), the "District", and the undersigned Applicant,
hereinafter referred to as the "Recipient." The Recipient warrants and represents that it
has no obligation or indebtedness that would impair its ability to fulfill the tenns and
conditions of this Agreement, and shall abide by all legal, financial, and reporting
requirements, such as matching funds and final reports for all funding received by the
Recipient from the District.
ARTICLE 1 - PROJECT
1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct
and perfonn all work items described in the "Statement of Work," attached hereto as
Exhibit "C", and made a part of this Agreement.
1.2 As part of the services to be provided by the Recipient under this Agreement, the
Recipient shall substantiate, in whatever form reasonably requested by the District,
any supporting documentation utilized as a basis for payment by the District. This
paragraph shall survive the expiration or termination of this Agreement.
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of performance of this Agreement shall commence upon the last date of
execution of this Agreement and shall continue for a period not to exceed thirty-six
(36) months.
2.2 The Parties agree that time is of the essence in the performance of each and every
obligation under this Agreement.
ARTICLE 3 - COMPENSATION/CONSIDERATION
3.1 As consideration for providing the goods and services required by this Agreement,
the District shall pay the Recipient the funding amount as specified on front page.
Such amount is a not to exceed amount and therefore, no additional consideration
shall be authorized. Recipient must provide at least fifty (50) percent of the total
project cost, with the exception of designated REDI communities.
Agreement No. DG050238, Page 2 of 10
Agenda Item No. 16C9
March 8, 2005
Page 57 of 82
3.2 The Recipient assumes sole responsibility for all work, which is performed
pursuant to Exhibit "C". By providing funding hereunder, the District does not
make any warranty, guaranty, or any representation whatsoever regarding any of the
work performed hereunder, including but not limited to the adequacy or sufficiency
of all or any part of work described in Exhibit "C".
3.3 The Recipient hereby agrees not to use District funding for any work associated
with the research, design and permitting aspects of the Project. District funds shall
only be used for capital or infrastructure costs for the construction activities
described in Exhibit "C".
ARTICLE 4- FUNDING PAYMENTS AND REPORTING
4.1 The District shall make payment to the Recipient upon completion and acceptance
of the final deliverable as described in Exhibit "C". The Recipient shall provide
certification that all construction has been completed in accordance with Exhibit
"C" of this Agreement.
4.2 The Recipient's invoice shall reference the District's Agreement Number and shall
be sent to the Project Manager at the address stated on the first page of this
Agreement. The Recipient shall not submit an invoice to any other address at the
District.
4.3 The District shall have the right to inspect all work and review final reports before
authorization of payment is made to the Recipient. It is the policy of the District
that payment for all goods and services shall be made in a timely manner and that
interest payments are made on late payments. In accordance with Florida Statutes,
Section 218.70, Florida Prompt Payment Act, a ''proper'' invoice is defined as an
invoice that conforms to all statutory requirements and all District requirements as
set forth in the Agreement for invoice submission. The time at which payment shall
be due from the District shall be forty-five (45) days from receipt of a proper
invoice and acceptance of services and/or de1iverables, based on compliance with
the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of
the District conditions as detailed in the Agreement.
Failure of the Recipient to follow the instructions set forth in the Agreement
regarding a proper invoice and acceptable services and/or deliverables may result in
an unavoidable delay in payment by the District. All payments due from the District
for a proper invoice and acceptable services and/or deliverables and not made within
the time specified in this section shall bear interest from thirty (30) days after the
due date at the rate of one percent (1%) per month on the unpaid balance. The
Recipient shall invoice the District for payment of any accrued unpaid interest.
Agreement No. DG050238, Page 3 of 10
Agenda Item No. 16C9
March 8, 2005
Page 58 of 82
Any disputes regarding invoice payments which cannot be resolved by the
appropriate department ofthe District shall be concluded by final written decision
ofthe District Leadership Team not later than sixty (60) days after the date on
which the proper invoice was received by the District.
4.4 Upon award of the Agreement, the Recipient shall provide to the District a
detailed schedule of the Project. The Recipient shall provide three (3) copies of
progress reports every six months to the District, which shall describe the extent
of Project completion. Upon request by the District, the Recipient shall provide as
supporting documentation, all work products associated with the completion of
the tasks designated in the Work Breakdown Structure Exhibit "C", and Schedule
of Tasks and Deliverables Exhibit "D", attached to this Agreement.
ARTICLE 5 - PROJECT MANAGEMENT
5.1 The Parties shall direct all matters arising in connection with the perform3Jlce of
this Agreement, other th3Jl invoices and notices, to the attention of the Project
Managers. The Project Managers shall be responsible for overall coordination and
oversight relating to the performance of this Agreement.
5.2 All notices, demands, or other communications to the Recipient under this
Agreement shall be in writing and shall be deemed received if sent by certified
mail, return receipt requested, to the address stated.
All notices to the District under this Agreement shall be in writing and sent by
certified mail to:
South Florida Water Management District
Attn: (District Project Manager's name as stated on the first page of the
Agreement)
(Address as stated on the first page of the Agreement)
5.3 All notices required by this Agreement shall be considered delivered upon receipt.
Should either Party change its address, written notice of such new address shall
promptly be sent to the other Party.
5.4 All correspondence to the District under this Agreement shall reference the
District's Agreement Number.
Agreement No. DG050238, Page 4 of 10
_-._ _n ____ ___._..._
Agenda Item No. 16C9
March 8, 2005
Page 59 of 82
ARTICLE 6 - TERMINATION I REMEDIES
6.1 It is the policy of the District to encourage good business practices by requiring
recipients to materially perform in accordance with the terms and conditions of
the Agreement. In accordance with District Rule 40E-7, Part II, F.A.C., "material
breach" is defined as any substantial, unexcused non-performance by failing to
perform an act that is an important part of the transaction or perfonning an act
inconsistent with the terms and conditions of the Agreement.
If the Recipient materially fails to fulfill its obligations under this Agreement, the
District will provide written notice of the deficiency by fOlWarding a Cure Notice
citing the specific nature of the material breach. The Recipient shall have thirty
(30) days to cure the breach. If the Recipient fails to cure the breach within the
thirty (30) day period, the District shall issue a Termination for Default Notice.
Once the District has notified the Recipient that it has materially breached its
agreement with the District, by sending a Termination for Default Notice, the
District's Governing Board shall determine whether the Recipient should be
suspended from doing future work with the District, and if so, for what period of
time. The District's Governing Board will consider the factors detailed in Rule
40E-7, Part II, F.A.C. in making a determination as to whether a Recipient should
be suspended, and if so, for what period of time. Should the. District terminate for
default in accordance with this provision, the District shall be entitled to recover
reprocurement costs in addition to all other remedies under law and/or equity.
6.2 The District may terminate this Agreement at any time for convenience upon
thirty (30) calendar days prior written notice to the Recipient. The performance
of work under this Agreement may be terminated by the District in accordance
with this clause in whole, or from time to time in part, whenever the District shall
detennine that such tennination is in the best interest of the District. A11y such
termination shall be effected by delivery to the Recipient of a Notice of
Tennination specifying the extent to which performance of work under the
Agreement is tenninated, and the date upon which such termination becomes
effective. In the event of termination, the District shall compensate the Recipient
for all authorized and accepted work performed through the tem1Ïnation date. The
District shall be relieved of any and all future obligations hereunder, including
but not limited to, lost profits and consequential damages under this Agreement.
The District may withhold all payments to the Recipient for such work until such
time as the District determines the exact amount due to the Recipient.
6.3 In the event a dispute arises, which the Project Managers cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation.
The mediator or mediators shall be impartial, shall be selected by the Parties, and
the cost of the mediation shall be borne equally by the Parties. The mediation
process shall be confidential to the extent pennitted by law.
Agreement No. DG050238, Page 5 of 10
i
L
Agenda Item No. 16C9
March 8, 2005
Page 60 of 82
ARTICLE 7 . RECORDS RETENTION
7.1 The Recipient shall maintain records and the District shall have inspection and
audit rights as follows:
A. Maintenance of Records. The Recipient shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this Agreement, including supporting documentation for any
service rates, expenses, research or reports. Such records shall be maintained
and made available for inspection for a period of five (5) years from completing
performance and receiving final payment under this Agreement.
B. Examination of Records. The District or its designated agent shall have the
right to examine in accordance with generally accepted governmental auditing
standards all records directly or indirectly related to this Agreement. Such
examination may be made only within five (5) years from the date of final
payment under this Agreement and upon reasonable notice, time and place.
C. Extended Availability of Records for Legal Disputes. In the event that the
District should become involved in a legal dispute with a third party arising
from performance under this Agreement, the Recipient shall extend the period
of maintenance for all records relating to the Agreement until the final
disposition of the legal dispute, and all such records shall be made readily
available to the District.
D. Periodic Audits. The District shall perform audits periodically to ensure funding
objectives are being met.
ARTICLE 8 - STANDARDS OF COMPLIANCE
8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all
applicable federal, state, and local laws and regulations relating to the performance
of this Agreement. The District undertakes no duty to ensure such compliance, but
will attempt to advise the Recipient, upon request, as to any such laws of which it
has present knowledge.
8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the
event it is necessary for either party to initiate legal action regarding this
Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state
law and in the Southern District of Florida for any claims, which are justifiable in
federal court.
8.3 The Recipient shall allow public access to all Project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the
Recipient assert any exemptions to the requirements of Chapter 119 and related
Agreement No. DG050238, Page 6 of 10
.~._---,_.
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,-
Agenda Item No. 16C9
March 8,2005
Page 61 of 82
Statutes, the burden of establishing such exemption, by way of injunctive or other
relief as provided by law, shall be upon the Recipient.
8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the
expenditure of any funds under this Agreement to lobby the Legislature, the
judicial branch, or another state agency.
8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations
and permits from the appropriate private party or federal, state, municipal or local
agency, and other governmental approvals, prior to commencing perfonnance of
this Agreement. A delay in obtaining pennits shall not give rise to a claim by the
Recipient for additional compensation. If the Recipient is unable to obtain all
necessary pennits in a timely manner, either party may elect to terminate this
Agreement, each party to bear its own costs, notwithstanding other provisions of
this Agreement to the contrary.
8.6
The Recipient hereby assures that no person shall be excluded on the grounds of
race, color, creed, national origin, handicap, age, or sex, from participation in,
denied the benefits of, or is otherwise subjected to discrimination in any activity
under this Agreement. The Recipient shall take all measures necessary to
effectuate these assurances.
ARTICLE 9 - INDEMNIFICATION
.,,-
9.1 For value received, which is hereby acknowledged, the Recipient shall defend,
indemnify, save, and hold the District, its officers, directors, board members,
agents, assigns, and employees harmless from liabilities, damages, losses, and costs,
including, but not limited to reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentionally wrongful conduct of the Recipient and
other persons employed or utilized by the Recipient in the performance of the
Agreement. The District shall have the right to approve counsel selected by the
Recipient to defend the District in the event the District is named in any legal
action.
The Recipient further acknowledges that it is solely responsible for ensuring its
compliance and the compliance of its subcontractors, suppliers, agents, assigns,
invitees and employees with the terms of this Agreement. This paragraph shall
survive the expiration or termination of this Agreement.
ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES
10.1 The Recipient shall be considered an independent contractor and neither party shall
be considered an employee or agent of the other party. Nothing in this Agreement
shall be interpreted to establish any relationship other than that of an independent
-,
Agreement No. DGOS0238, Page 7 of 10
-..- --~ - .--.- ._- -.,..
-- '-"'.- -- -- . ..,~
Agenda Item No. 16C9
March 8, 2005
Page 62 of 82
contractor between the parties and their respective employees, agents,
subcontractors, or assigns during or after the performance of this Agreement. Both
parties are ftee to enter into contracts with other parties for similar services.
10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and
obligations as set forth in The Agreement without the prior written consent of the
District. Any attempted assignment in violation of this provision shall be null and
void.
10.3 It is the intent and understanding of the Parties that this Agreement is solely for the
benefit of the Recipient and the District. No person or entity other than the
Recipient or the District shall have any rights or privileges under this Agreement
in any capacity whatsoever, either as third-party beneficiary or otherwise.
ARTICLE 11 - GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall
not be held liable for any failure or delay in the performance of this Agreement that
arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually
severe weather, outbreak of war, restraint of government, riots, civil commotion,
force majeure, act of God, or for any other cause of the same character which is
unavoidable through the exercise of due care and beyond the control of the Parties.
Failure to perfonn shall be excused during the continuance of such circumstances,
but this Agreement shall otherwise remain in effect.
11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in Articles 1-11
(b) Exhibit "C" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein
by reference
11.3 Failures or waivers to insist on strict perfonnance of any covenant, condition, or
provision of this Agreement by the Parties, their successors and assigns shall not be
deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party
ftom performing any subsequent obligations strictly in accordance with the tenns of
this Agreement. No waiver shall be effective unless in writing and signed by the
Party against whom enforcement is sought. Such waiver shall be limited to
provisions of this Agreement specifically referred to therein and shall not be
deemed a waiver of any other provision. No waiver shall constitute a continuing
waiver unless the writing states otherwise.
11.4 Should any tenn or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof,
Agreement No. DG050238, Page 8 of 10
---.--.------- --.---.---.------ --------.
".-,
--..---.......
Agenda Item No. 16C9
March 8, 2005
Page 63 of 82
by force of any statute, law, or ruling of any forum of competent jurisdiction, such
invalidity shall not affect any other term or provision of this Agreement, to the
extent that the Agreement shall remain operable, enforceable and in full force and
effect to the extent permitted by law.
11.5 This Agreement may be ~ended only with the written approval of the Parties.
11.6 This Agreement states that all publicity/outreach media will be jointly planned by
the Recipient and the District and any and all materials, events, or endorsements
arising out of this award will require prior District approval.
11.7 This Agreement states the entire understanding and Agreement between the Parties
and supersedes any and all written or oral representations, statements, negotiations
or Agreements previously existing between the Parties with respect to the subject
matter of this Agreement. The Recipient recognizes that any representations,
statements or negotiations made by District staff do not suffice to legally bind the
District in a contractual relationship unless they have been reduced to writing and
signed by an authorized District representative. This Agreement shall insure to the
benefit of and shall be binding upon the parties, their respective assigns, and
successors in interest.
AgreernentNo. DG050238, Page 9 of 10
Agenda Item No. 16C9
March 8, 2005
Page 64 of 82
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date written below.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
BY ITS GOVERNING BOARD
By:
Frank Hayden, Procurement Director
Date:
SFWMD Office of Counsel Approved
By: IJ.Þvs~ Date:~ /t/ð(
ATIIS!'
DWI8Ir1' B.1JIDIt ..
BY:
Board of County Commissioners
Recipient's Legal Name: Collier County. Florida
By Authorized Official:
Fred w. Coyle
Title:
Chairman
~P--:--;:I1);X~
A8i1ta.nt COUDtl Attorney
Date:
.-
ct7+¡;ro
Date:
~-7-{)f'
Agreement No. DG050238, Page 10 of 10
.- ._-- .-.--.---. -...'..-
Agenda Item No. 16C9
March 8, 2005
Page 65 of 82
,-.
EXHIBIT IIC"
Statement of Work
1.0 INTRODUCTION
The North County Water Reclamation Facility (NCWRF), located at Goodlette-
Frank Road and Immokalee Road, provides wastewater treatment in the North
County Service Area. The primary means of effluent disposal from the NCWRF
is returning highly treated reclaimed water to the community for beneficial reuse
as inigation water. The balance is disposed of through a deep injection well. A
liquid stream expansion completed in November 2001, and a corresponding
solids stream expansion completed in September 2002, increased the facility's
capacity by 6.5-million gallon per day (mgd) to its present capacity of 17.55-mgd.
The Phase I expansion to increase the facility's capacity to a total of 24.1-mgd is
currently underway with construction on schedule to be in service by fall 2005.
The County is planrùng on expanding the capacity of this facility to 30.6 MGD of
treatment and reclaimed water production.
Currently, the North County Water Reclamation Facility (NCWRF) produces and
distributes reclaimed water for the irrigation of golf courses, residential
developments, and parks in the northern section of the County. The existing
transmission system has been evaluated to assess its response to various future
scenarios. The hydraulic analysis has identified one immediate project and two
additional reclaimed water main projects that are necessary to enable
transmission of the 24.1 MGD of reclaimed water produced under the Phase I
expansion. The immediate project is the 20-inch reclaimed water main Vanderbilt
Beach Road project and the two Phase I projects are the Goodlette Frank Road
forcemainj reclaimed water main project and the Livingston Road reclaimed
water main project. The Goodlette Frank Road forcemain and reclaimed water
main project will construct a parallel reclaimed water main along Goodlette
Frank Road extending south from the NCWRF to Vanderbilt Beach Road. The
completed project will consist of approximately 6,000 linear feet of 20-inch
reclaimed water main and will allow the County to distribute reclaimed water to
customers primarily in the North service area of the County.
Figure A-I presents the location of the project. This project was included in the
County's Master Plan.
2.0 SCOPE
The Goodlette Frank Road forcemain and reclaimed water main project will
build approximately 6,000 linear feet of 20-inch reclaimed water main along
Goodlette Frank Road extending south from the NCWRF to Vanderbilt Beach
Road to supplement an existing 20-inch reclaimed water main.
Exhibit "C" to Agreement DG050238, Page 1 of 3
Agenda Item No. 16C9
March 8, 2005
Page 66 of 82
A hydraulic evaluation study of the existing transmission system has been
completed by a consulting engineering firm and this study provided
recommendations to improve the responses of the existing transmission system
to planned future expansions.
The County hired a consulting engineering firm to provide design services for
the Goodlette Frank Road forcemain and reclaimed water main project and the
design tasks have already been completed. The construction plans are completed
and the project is currently under public bidding process.
The County plans to authorize the responsible and responsive contractor with
lowest bids to construct the project. The construction is expected to begin in June
and it is expected to take 240 days to complete.
3.0 PROJECT JUSTIFICATION
Rapid growth and high dry-season demand for water have stressed the County's
sensitive freshwater aquifers. One viable solution to decrease this demand is the
use of highly treated wastewater effluent instead of potable water for irrigation
purposes. Collier County anticipates that it will experience continued rapid
population growth with a concomitant increase in potable water demands.
County Planning projections indicate that by the year 2005, maximum daily
demands for water in Collier County will increase by almost 8 MGD, to a total of
approximately 39 MGD.
Reclaimed water availability will increase to approximately 40 MGD in 2005 due
to the NCWRF and the South County Water Reclamation Facility expansions.
This will reduce the burden on the region's limited freshwater supply and
protect the wetland system associated with the aquifer. This project will allow
for greater reliability and capacity in the reclaimed water distribution system,
and therefore, furthers the District's goal of developing alternative water
supplies to meet future demands.
4.0 WORK BREAKDOWN STRUCTURE (WBS)
There are three main components associated with the project: hydraulic
evaluation study, engineering design, and construction. A more detailed
description of the components is presented below.
. Task 1: Hydraulic Evaluation Study
Hazen and Sawyer conducted a hydraulic analysis of the reclaimed water
transmission in 2002. The main purpose of t1ùs study was to evaluate the
responses of the existing transmission system to the planned future expansions
of the NCWRF. The study found several projects that needed to be constructed
in order for the system to respond properly to the planned expansions. The
County then included these projects in its Master Plan and Capital Improvement
Project list and proceeded with the engineering design phase of the project.
Exhibit lC" to Agreement DG050238, Page 2 of 3
Agenda Item No. 16C9
March 8, 2005
Page 67 of 82
>-
. Task 2: Engineering Design
Johnson Engineering was hired to provide engineering design services for this
project. This task has been completed and the construction plans have been
prepared. The project is currently under public bidding process and will soon
proceed to the construction phase.
. Task 3: Construction
The County plans to select a responsible and responsive contractor with lowest
bids to begin the construction phase of the project. A selected engineering
consulting firm will provide civil engineering inspection services during the
construction phase of this project to ensure that the project is constructed
according to intended design. The construction is expected to begin in June and
be completed within 240 days.
5.0 LOCATION OF THE PROJECT
The project location is presented on the attached Figure A-l. The20-inch
reclaimed water main will extend south from the NCWRF to Vanderbilt Beach
Road to supplement the existing 20-inch reclaimed water main.
6.0 SCHEDULE OF DELIVERABLES
The evaluation study and design phase of the project have already been
completed. The project is currently under bidding process and the construction
is expected to begin in June 2004. The design engineering firm estimates the
construction to be completed by April 2005.
Exhibit "C" to Agreement DG050238, Page 3 of 3
Total:
1
2
3
Agenda !tem No. 16C9
March 8, 2005
Page 68 of 82
EXHIBIT "D"
SUMMARY SCHEDULE OF TASKS AND DELlVERABLES
·
A summary deliverable schedule associated with this project is set forth below. The schedule is based
on a not-to-exceed thirty six months agreement.
·
All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables
are based on the number of months from the date of agreement execution. The Recipient hereby
agrees tb provide the District all deliverables, data and information described in the Statement of Work
in both written and electronic four-digit format.
·
Payment shan be made following receipt and acceptance by the District of project deliverables in
accordance with the schedule set forth below. Total payment by the District for all work completed
herein shan not exceed the amount of $50.000.00. All payments are subject to District fiscal year
appropriations.
Hydraulic Evaluation Study
Engineering Design
Construction
Letter of
Completion
36 months
$ 50,000.00 .
Exhibit "0" to Agreement OG050238, Page 1 of 1
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Agek ~i~, ~~ L
Page 69 of 82
-
. 2004.2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ALTERNATIVE WATER SUPPLY .
FUNDING PROGRAM AGREEMENT
Telephone No:
239-530-5338
Fax No:
239-530-5378
SFWMD Project Manager:
Elliot Kampert
Recipient:
Collier County Board of County
Commissioners
Recipient's Project Manager:
Ron Dillard
Address:
3301 Tamiami Trail E.
Bldg. H, 3rd Floor
Naples, Florida 34112
Address:
2301 McGregor Blvd.
Fort Myers, Florida 33901
Telephone No:
239-338-2929 X 7745
Fax No:
239-338-2936
Insurance
N/A
Federal Employer Identification Number:
21-07-0l9995-53C
Project Title:
20 Inch Reclaimed Water Main Vanderbilt Beach Road.
Description:
Construct 20-inch Reclaimed Water Main from Airport Road to Village Walk Circle.
Agreement No. DG050237, Page 1 of 10
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.,,-
Agenda Item No. 16C9
March 8, 2005
Page 70 of 82
This Agreement is entered into between "the Parties", the South Florida Water
Management District (SFWMD) , the "District", and the undersigned Applicant,
hereinafter referred to as the "Recipient." The Recipient warrants and represents that it
has no obligation or indebtedness that would impair its ability to fulfill the terms and
conditions of this Agreement, and shall abide by all legal, financial, and reporting
requirements, such as matching funds and final reports for all funding received by the
Recipient ftom the District.
ARTICLE 1 - PROJECT
1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct
and perform all work items described in the "Statement of Work," attached hereto as
Exhibit "C", and made a part of this Agreement.
1.2 As part of the services to be provided by the Recipient under this Agreement, the
Recipient shall substantiate, in whatever form reasonably requested by the District,
any supporting documentation utilized as a basis for payment by the District. This
paragraph shall survive the expiration or termination of this Agreement.
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period ofperfonnance of this Agreement shall commence upon the last date of
execution of this Agreement and shall continue for a period not to exceed thirty-six
(36) months.
2.2 The Parties agree that time is of the essence in the performance of each and every
obligation under this Agreement.
ARTICLE 3 - COMPENSATION/CONSIDERATION
3.1 As consideration for providing the goods and services required by this Agreement,
the District shall pay the Recipient the funding amount as specified on front page.
Such amount is a not to exceed amount and therefore, no additional consideration
shall be authorized. Recipient must provide at least fifty (50) percent of the total
project cost, with the exception of designated RED! communities.
Agreement No. DG050237, Page 2 of 10
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Agenda Item No. 16C9
March 8, 2005
Page 71 of 82
3.2 The Recipient assumes sole responsibility for all work, which is performed
pursuant to Exhibit "C". By providing ftmding hereunder, the District does not
make any warranty, guaranty, or any representation whatsoever regarding any ofthe
work performed hereunder. including but not limited to the adequacy or sufficiency
of all or any part of work described in Exhibit "C".
3.3 The Recipient hereby agrees!12! to use District funding for any work associated
with the research, design and permitting aspects of the Project. District funds shall
only be used for capital or infrastructure costs for the construction activities
described in Exhibit "C".
ARTICLE 4- FUNDING PAYMENTS AND REPORTING
4.1 The District shall make payment to the Recipient upon completion and acceptance
of the final deliverable as described in Exhibit "C", The Recipient shall provide
certification that all construction has been completed in accordance with Exhibit
"C" of this Agreement.
4.2 The Recipient's invoice shall reference the District's Agreement Number and shall
be sent to the Project Manager at the address stated on the first page of this
Agreement. The Recipient shall not submit an invoice to any other address at the
District.
4.3 The District shall have the right to inspect all work and review final reports before
authorization of payment is made to the Recipient. It is the policy of the District
that payment for all goods and services shall be made in a timely manner and that
interest payments are made on late payments. In accordance with Florida Statutes,
Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an
invoice that conforms to all statutory requirements and all District requirements as
set forth in the Agreement for invoice submission. The time at which payment shall
be due from the District shall be forty-five (45) days from receipt of a proper
invoice and acceptance of services and/or deliverables, based on compliance with
the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of
the District conditions as detailed in the Agreement.
Failure of the Recipient to follow the instructions set forth in the Agreement
regarding a proper invoice and acceptable services and/or deliverables may result in
an unavoidable delay in payment by the District. All payments due from the District
for a proper invoice and acceptable services and/or deliverables and not made within
the time specified in this section shall bear interest fÌ"om thirty (30) days after the
due date at the rate of one percent (1 %) per month on the unpaid balance. The
Recipient shall invoice the District for payment of any accrued unpaid interest.
Agreement No. DG050237, Page 3 af10
.
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Agenda Item No. 16C9
March 8, 2005
Page 72 of 82
Any disputes regarding invoice payments which cannot be resolved by the
appropriate department of the District shall be concluded by final written decision
of the District Leadership Team not later than sixty (60) days after the date on
which the proper invoice was received by the District.
4.4 Upon award of the Agreement, the Recipient shall provide to the District a
detailed schedule of the Project. The Recipient shall provide three (3) copies of
progress reports every six months to the District, which shall describe the extent
of Project completion. Upon request by the District, the Recipient shall provide as
supporting documentation, all work products associated with the completion of
the tasks designated in the Work Breakdown Structure Exhibit "C", and Schedule
of Tasks and Deliverables Exhibit ''D'', attached to this Agreement.
ARTICLE 5 . PROJECT MANAGEMENT
5.1 The Parties shall direct all matters arising in connection with the performance of
this Agreement, other than invoices and notices, to the attention of the Project
Managers. The Project Managers shall be responsible for overall coordination and
oversight relating to the performance of this Agreement.
5.2 All notices, demands, or other communications to the Recipient under this
Agreement shall be in writing and shall be deemed received if sent by certified
mail, return receipt requested, to the address stated.
All notices to the District under this Agreement shall be in writing and sent by
certified mail to:
South Florida Water Management District
Attn: (District Project Manager's name as stated on the first page of the
Agreement)
(Address as stated on the first page of the Agreement)
5.3 All notices required by this Agreement shall be considered delivered upon receipt.
Should either Party change its address, written notice of such new address shall
promptly be sent to the other Party.
5.4 All correspondence to the District under this Agreement shall reference the
District's Agreement Number.
Agreement No. DG050237, Page 4 of 10
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Agenda Item No. 16C9
March 8,2005
Page 73 of 82
ARTICLE 6 - TERMINATION I REMEDIES
6.1 It is the policy of the District to encourage good business practices by requiring
recipients to materially perform in accordance with the terms and conditions of
the Agreement. In accordance with District Rule 40E-7, Part II, F.A.C., "material
breach" is defined as any substantial, unexcused non-performance by failing to
perform an act that is an important part of the transaction or performing an act
inconsistent with the terms and conditions of the Agreement.
If the Recipient materially fails to fulfill its obligations under this Agreement, the
District will provide written notice of the deficiency by forwarding a Cure Notice
citing the specific nature of the material breach. The Recipient shall have thirty
(30) days to cure the breach. If the Recipient fails to cure the breach within the
thirty (30) day period, the District shall issue a Termination for Default Notice.
Once the District has notified the Recipient that it has materially breached its
agreement with the District, by sending a Termination for Default Notice, the
District's Governing Board shall determine whether the Recipient should be
suspended fÌ"om doing future work with the District, and if so, for what period of
time. The District's Governing Board will consider the factors detailed in Rule
40E-7, Part II, F.A.C. in making a determination as to whether a Recipient should
be suspended, and if so, for what period of time. Should the District terminate for
default in accordance with this provision, the District shall be entitled to recover
reprocurement costs in addition to all other remedies under law and/or equity.
6.2 The District may terminate this Agreement at any time for convenience upon
thirty (30) calendar days prior written notice to the Recipient. The performance
of work under this Agreement may be terminated by the District in accordance
with this clause in whole, or fÌ"om time to time in part, whenever the District shall
determine that such termination is in the best interest of the District. Any such
termination shall be effected by delivery to the Recipient of a Notice of
Termination specifying the extent to which performance of work under the
Agreement is terminated, and the date upon which such termination becomes
effective. In the event of termination, the District shall compensate the Recipient
for all authorized and accepted work performed through the termination date. The
District shall be relieved of any and all future obligations hereunder, including
but not limited to, lost profits and consequential damages under this Agreement.
The District may withhold all payments to the Recipient for such work until such
time as the District determines the exact amount due to the Recipient.
6.3 In the event a dispute arises, which the Project Managers cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation.
The mediator or mediators shall be impartial, shall be selected by the Parties, and
the cost of the mediation shall be borne equally by the Parties. The mediation
process shall be confidential to the extent permitted by law.
...._,
Agreement No. DG050237, Page 5 oflO
. .
Agenda Item No. 16C9
March 8, 2005
Page 74 of 82
ARTICLE 7 - RECORDS RETENTION
7.1 The Recipient shall maintain records and the District shall have inspection and
audit rights as follows:
A. Maintenance of Records. The Recipient shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this Agreement, including supporting documentation for any
service rates, expenses, research or reports. Such records shall be maintained
and made available for inspection for a period of five (5) years from completing
performance and receiving final payment under this Agreement.
B. Examination of Records. The District or its designated agent shall have the
right to examine in accordance with generally accepted governmental auditing
standards all records directly or indirectly related to this Agreement. Such
examination may be made only within five (5) years from the date of final
payment under this Agreement and upon reasonable notice, time and place,
C. Extended Availabilitv of Records for Legal Disputes. In the event that the
District should become involved in a legal dispute with a third party arising
from performance under this Agreement, the Recipient shall extend the period
of maintenance for all records relating to the Agreement until the final
disposition of the legal dispute, and all such records shall be made readily
available to the District.
D. Periodic Audits. The District shall perform audits periodically to ensure funding
objectives are being met.
ARTICLE 8 - STANDARDS OF COMPLIANCE
8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all
applicable federal, state, and local laws and regulations relating to the performance
of this Agreement. The District undertakes no duty to ensure such compliance, but
will attempt to advise the Recipient, upon request, as to any such laws of which it
has present knowledge.
8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the
event it is necessary for either party to initiate legal action regarding this
Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state
law and in the Southern District of Florida for any claims, which are justifiable in
federal court.
8.3 The Recipient shall allow public access to all Project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the
Recipient assert any exemptions to the requirements of Chapter 119 and related
Agreement No. DG050237, Page 6 of 10
_n_ _.___.
.------ -.---
. -.. ---..-- - ..---- -. - ~---
Agenda Item No. 16C9
March 8, 2005
Page 75 of 82
Statutes, the burden of establishing such exemption, by way of injunctive or other
relief as provided by law, shall be upon the Recipient.
8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the
expenditure of any funds under this Agreement to lobby the Legislature, the
judicial branch, or another state agency.
8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations
and pennits from the appropriate private party or federal, state, municipal or local
agency, and other governmental approvals, prior to commencing performance of
this Agreement. A delay in obtaining permits shall not give rise to a claim by the
Recipient for additional compensation. If the Recipient is unable to obtain all
necessary pennits in a timely manner, either party may elect to terminate this
Agreement, each party to bear its own costs, notwithstanding other provisions of
this Agreement to the contrary.
8.6 The Recipient hereby assures that no person shall be excluded on the grounds of
race, color, creed, national origin, handicap, age, or sex, from participation in,
denied the benefits of, or is otherwise subjected to discrimination in any activity
under this Agreement. The Recipient shall take all measures necessary to
effectuate these assurances.
ARTICLE 9 . INDEMNIFICATION
9.1 For value received, which is hereby acknowledged, the Recipient shall defend,
indemnify, save, and hold the District, its officers, directors, board members,
agents, assigns, and employees harmless from liabilities, damages, losses, and costs,
including, but not limited to reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentionally wrongful conduct of the Recipient and
other persons employed or utilized by the Recipient in the performance of the
Agreement. The District shall have the right to approve counsel selected by the
Recipient tõ defend the District in the event the District is named in any legal
action.
The Recipient further acknowledges that it is solely responsible for ensuring its
compliance and the compliance of its subcontractors, suppliers, agents, assigns,
invitees and employees with the terms of this Agreement. This paragraph shall
survive the expiration or tennination of this Agreement.
ARTICLE 10 . RELATIONSHIP BETWEEN THE PARTIES
10.1 The Recipient shall be considered an independent contractor and neither party shall
be considered an employee or agent of the other party. Nothing in this Agreement
shall be interpreted to establish any relationship other than that of an independent
Agreement No. DG050237, Page 7 of 10
---_....-~_._-----------_.~' .'._----
Agenda Item No. 16C9
March 8, 2005
Page 76 of 82
contractor between the parties and their respective employees, agents,
subcontractors, or assigns during or after the performance of this Agreement. Both
parties are free to enter into contracts with other parties for similar services.
10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and
obligations as set forth in The Agreement without the prior written consent of the
District. Any attempted assignment in violation of this provision shall be null and
void.
10.3 It is the intent and understanding of the Parties that this Agreement is solely for the
benefit of the Recipient and the District. No person or entity other than the
Recipient or the District shall have any rights or privileges under this Agreement
in any capacity whatsoever, either as third-party beneficiary or otherwise.
ARTICLE 11 . GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall
not be held liable for any failure or delay in the performance of this Agreement that
arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually
severe weather, outbreak of war, restraint of government, riots, civil commotion,
force majeure, act of God, or for any other cause of the same character which is
unavoidable through the exercise of due care and beyond the control of the Parties.
Failure to perform shall be excused during the continuance of such circumstances,
but this Agreement shall otherwise remain in effect.
11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in Articles 1-11
(b) Exhibit "C" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein
by reference
11.3 Failures or waivers to insist on strict performance of any covenant, condition, or
provision of this Agreement by the Parties, their successors and assigns shall not be
deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party
from performing any subsequent obligations strictly in accordance with the terms of
this Agreement. No waiver shall be effective unless in writing and signed by the
Party against whom enforcement is sought. Such waiver shall be limited to
provisions of this Agreement specifically referred to therein and shall not be
deemed a waiver of any other provision. No waiver shall constitute a continuing
waiver unless the writing states otherwise.
11.4 Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof,
Agreement No. DG050237, Page 8 of 10
Agenda Item No. 16C9
March 8, 2005
Page 77 of 82
by force of any statute, law, or ruling of any forum of competent jurisdiction, such
invalidity shall not affect any other term or provision of this Agreement, to the
extent that the Agreement shall remain operable, enforceable and in full force and
effect to the extent pennitted by law.
11.5 This Agreement may be amended only with the written approval of the Parties.
11.6 This Agreement states that all publicity/outreach media will be jointly planned by
the Recipient and the District and any and all materials, events, or endorsements
arising out ofthis award will require prior District approval.
11.7 This Agreement states the entire understanding and Agreement between the Parties
and supersedes any and all written or oral representations, statements, negotiations
or Agreements previously existing between the Parties with respect to the subject
matter of this Agreement. The Recipient recognizes that any representations,
statements or negotiations made by District staff do not suffice to legally bind the
District in a contractual relationship unless they have been reduced to writing and
signed by an authorized District representative. This Agreement shall insure to the
benefit of and shall be binding upon the parties, their respective assigns, and
successors in interest.
Agreement No. DG05023 7, Page 9 of 10
--"-_.-.--.-.---
_"_____..__.u__.
Agenda Item No. 16C9
March 8, 2005
Page 78 of 82
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date written below.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
BY ITS GOVERNING BOARD
By:
Frank Hayden, Procurement Director
Date:
SFWMD Office of Counsel Approved
BY:~~ Date: Jþ./O.s
A'I'l'BST
DWlGIft' B. B8O& ,,-
Board of County Commissioners
Recipient's Legal Name: Collier County, Florida
BY:
By Authorized Official:
Title:
Fred w. Coyle
Chairman
Date:
~ Alliltaat Cow1t1 .Ãttorney
cf'4~OO
Date: ,# -/~ðr'
Agreement No. DG050237, Page 10 of 10
-----. -~---, -------..-. -~---
__ _.__.. .-.-.--____-0 __________._____
Agenda Item No. 16C9
March 8, 2005
Page 79 of 82
EXHIBIT "C"
Statement of Work
1.0 Introduction
Collier County (County) is requesting funding for the construction phase of a
project that involves installing a 20-inch Reclaimed Water Main (RCWM) along
Vanderbilt Beach Road. There are several purposes for this RCWM. It will (1)
increase the use of treated wastewater effluent for irrigation purposes as an
environmentally sound disposal method; (2) conserve potable water and
groundwater supplies; (3) complete the loop of the County's North Reclaimed
Water Distribution System; and (4) increase capacity at the County's North/South
Reclaimed Water Systems interconnect.
Background
Rapid growth and high dry-season demand for water have stressed the County's
sensitive freshwater aquifers. One viable solution to decrease this demand is the
use of highly treated wastewater effluent instead of potable water for irrigation
purposes. Collier County anticipates that it will experience continued rapid
population growth with a concomitant increase in potable water demands.
Presently, the County owns and operates two Regional Water Reclamation
Facilities with a combined capacity of 26.1 million gallons per day (MGD).
The North County Water Reclamation Facility (NCWRF), located at Goodlette-
Frank Road and Immokalee Road, provides wastewater treatment in the North
County Service Area. The primary means of effluent disposal from the NCWRF
is returning highly treated reclaimed water to the community for beneficial reuse
as irrigation water. The balance is disposed of through a deep injection well. A
liquid stream expansion completed in November 2001, and a corresponding
solids stream expansion completed in September 2002, increased the facility's
capacity by 6.5-mgd to its present capacity of 17.55-mgd. A subsequent
expansion to increase the facility's capacity to a total of 24.1-mgd is currently
underway with construction on schedule to be in service by fall 2005.
The South County Water Reclamation Facility (SCWRF), located on St. Andrews
Boulevard and Wildflower Way, accepts and treats all collected wastewater from
customers south of Golden Gate Parkway to Auto Ranch Road. The facility is
currently rated to treat 8 million gallons per day (2.92 billion gallons per year).
The facility is in the process of being expanded to 16 million gallons per day
(5.84 billion gallons per year). The expansion will be complete in 2004.
Collier County is in the process of installing an interconnect between the North
Water Reclamation Facility and the South Facility. This will alleviate any
excessive flow burden on either treatment facility. The Vanderbilt RCWM project
Exhibit "C" to Agreement DG050237, Page 1 of 3
---------.-.-.-
Agenda Item No. 16C9
March 8, 2005
Page 80 of 82
will complete the looping of the North Reclaimed Water Distribution System and
thereby allow greater capacity at this interconnect.
2.0 Scope
The scope of work for this project includes construction of 40 linear feet of 20-
inch Ductile Iron Pipe and 7,843 linear feet of 20-inch PVC reclaimed water main
from Airport Road to Village Walk Circle.
3.0 Project Justification
County Planning projections indicate that by the year 2005, maximum daily
demands for water in Collier County will increase by almost 8 MGD, to a total of
approximately 39 MGD.
Reclaimed water availability will increase to approximately 40 MGD in 2005 due
to the SCWRF and NCWRF expansions and increased Reclaimed Water
Distribution System capacity and reliability. This will reduce the burden on the
region's limited freshwater supply and protect the wetland system associated
with the Aquifer. This project will allow for greater reliability and capacity in the
Reclaimed Water Distribution System, and therefore, furthers the District's goal
of developing alternative water supplies to meet future demands.
4.0 Work Breakdown Structure (WBS)
4.1 Description of Project Elements
Design work for the proposed project has been completed and
construction has been initiated.
The current construction phase work includes installation of approximately
7,883 linear feet of 20-inch reclaimed water main. Specific elements
expected for completion of this task are listed below:
· Mobilization
· Instail 7,883 linear feet of 20-inch pipe
· Install 20-inch gage valve and box
· Connect to existing Collier County Reclaimed Water Distribution
System
· Restore site
Deliverables
· Record Drawings
· Operation and Maintenance Manuals
· Warranties and guarantees
· Testing reports
· Certifications
Exhibit "cn to Agreement DG050237, Page 2 of 3
Agenda Item No. 16C9
March 8, 2005
Page 81 of 82
5.0 Project Cost
The construction costs are equal to approximately $845,415. A cost breakdown
is provided in the attached contractor bid documents.
6.0 Location of the Project
The new 20-inch Reclaimed Water Main will be located along Vanderbilt Beach
Road between 1-75 and Airport Pulling Road. See Figure 1 ~
7.0 Deliverable Schedule
Competitive bids were received for this project on July 31,2003. The contract
was awarded to Southwest Utility Systems, Inc. and approved by the Collier
County Board of Commissioners on December 16, 2003. Construction is
ongoing and projected to be completed by August 24, 2004.
Exhibit "COO to Agreément DG050237 t Page 3 of 3
-. .-- ----- ..--
Agenda Item No. 16C9
March 8, 2005
Page 82 of 82
EXHIBIT "D"
SUMMARY SCHEDULE OF TASKS AND DELlVERABLES
· A summary deliverable schedule associated with this project is set forth below. The schedule is based
on a not-to-exceed thirty six months agreement.
· All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables
are based on the number of months from the date of agreement execution. The Recipient hereby
agrees to provide the District all deliverables, data and information described in the Statement of Work
in both written and electronic four-digit format.
· Payment shall be made following receipt and acceptance by the District of project deliverables In
accordance with the schedule $9t forth below Total payment by the District for all work completed
herein shall not exceed the amount of 550.000.00. All payments are subjeêt to District fiscal year
appropriations.
~~~;!i~::>~.i~t··~· ~~~",~,:.\~~,:;,~:; ", ''';'~'~',''. ", .:' :',~,~ ":.'.'
..... I "
.: ',. '"": ".:~~:'.~ ,"~ '-.._:\:~·~,I.~~~~-;!;':~:~r;~~~,qn ~:'~~~'fr~J:t%~
Installation of approximately 7,883
linear feet of 20-inch reclaimed
water main
Letter of
Completion
36 months
$ 50,000.00
Total:
$ 50,000.00
Exhibit "D" to Agreement DG050237, Page 1 of 1
----------
Agenda Item No. 16C10
March 8, 2005
Page 1 of 3
-
EXECUTIVE SUMMARY
Authorization to waive the competitive bidding process for technical
assistance to perform a post Implementation review. work flow analysis
and documentation of operating procedures for the Utility Billing and
Customer Service Department Special Assessment software system and
create procedures for new county programs - (at a not to exceed cost of
$99,200)_
OBJECTIVE: Obtain a waiver of the competitive bidding process of the
County's purchasing policy (Section V.A.1.) and obtain authorization to acquire
project management assistance services (post-implementation review, work flow
analysis and documentation of operating procedures) for the special assessment
software system and operating processes, and the creation of procedures for
new County programs.
,-
CONSIDERATIONS: In FY 2004, the Utility Billing and Customer Service
Department special assessments, miscellaneous billing estoppels, and trash
collections customer service functions were converted from several very
antiquated software programs to one software program that was created in-
house. Many procedures have been converted from manual operations to
electronic operations.
The special assessment system has been in operation for 6 months. Sufficient
time and system utilization has occurred to allow the identification of alternative
workflows (redirection) in the business processes that will enhance productivity
and eliminate deficiencies such as bottlenecks and other process inefficiencies.
The intent of this Executive Summary is to obtain Board authorization to hire an
independent consultant to perform a post implementation review and to create
procedures for new County programs. The review will:
1. Map workflow processes for the special assessments, Public Utilities
Code Enforcement, non-residential recycling, estoppel processes,
miscellaneous billing, and trash collections customer service.
2. Identify those processes, both internal and external to the special
assessment system, that should be changed to enhance productivity and
customer service to deliver faster, better and less expensive services;
and,
,-
'···~·I'·;>''''"'____''"W'.
Agenda Item No. 16C1 0
March 8, 2005
Page 2 of 3
3. Develop and document written operating procedures for workflow
processes, after modifications identified in step 2 above, that will be used
to benchmark productivity, cross-training and to provide tools for training
replacement staff.
Staff is requesting the Board waive the competitive bidding process of the
purchasing policy (Section V.A.1.) and authorize the acquisition of these services
from Vaccaro Consulting, Inc.
Vaccaro has been associated with the creation and documentation of water,
wastewater and effluent billing project from the inception of the project. The
procedures for post implementation have been created and are being
implemented. Many of the functions in the area of special assessments and
miscellaneous billing are directly related to water/wastewater and effluent billing.
Vaccaro would be continuing on from the procedures written for
water/wastewater and effluent.
FISCAL IMPACT: Funds for the services in the amount of $99,200 are available
in the Public Utilities Division Capital Funds. A total of $44,800 is available in the
Water Capital Fund (Fund 412), Project Number 70078 - Special Assessments
Software and $54,400 in the Sewer Capital Fund (Fund 414), Project Number
70078 Special Assessments Software. Source of funds is user fees.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with this request.
RECOMMENDATION: Recommend that the Board of County Commissioners
approve the waiver of the competitive bidding process and approve Vaccaro
Consulting, Inc. for the acquisition of these services and authorize staff to
process the necessary budget amendments.
PREPARED BY: Teresa A. Riesen, Revenue Manager, Utility Billing and
Customer Service
,-'
Agencjf:l Hem No. 16C10
r,) arch 8, 2005
Page 3 or 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item summary
16CI(;
r-<~I;ornrnHr;d;~tk'n to \1'/;¡;1','t~ tt:e ';I)')'p~tltivp. i)iOdlr;(. t rOG~¡;S <!!'IC' awal"O;1I (:O~ltlact f¡)r t~G~lnicd
;I~mlf,t.¡¡nl~~ tü pt<r1Drrn pO:õ¡t Impl~nH~"tatt;,p reviðV/, work flo'...· .an¡~¡'Ý';'¡!ì & dC¡~urPf!t',t~11:m!1 01
cperati')fJ Of(\c;t:åure'S Icr Spedal AS!;p.Hi!TIent ßoftware ':.~'s.tE:m and cre~~t.; procedures j(;r
ne\',i County progral"'1s-{at a not 10 exceed cost or $89,200\
Meeting Date
:J18l:?CO~ 9 C;) 00 .ÄM
Appro\'cd By
T<tt'fJSi! Rieosen
RI!'\.'e-nue Mëm3Q.fH
Date
Public UtIJlties
UBCS
211112005 ~1:27 AM
Approved By
Mik'l Hnuer
AcquÎIIÎlion MIlnttger
DalÐ
Administtati¥e Se,vices
.'}urchasing
2i18'20051:1D PM
Approved By
John A. Yonxosky
Utility Billing Oír~ct(lr
DatI?
Pubilf; Utilities
UÐes
VI8120061:.A~ PM
Approved By
Steve CameH
Purchas,il}g/GeneraJ S\1CS Director
Date
A.dtTI!rl j;U.ati"e ßer<J¡(:~!¡
Pun:h.1!¡iog
2ini2ilOS 3:01. PM
Approved By
lhorn;:n Wide!>
Operatlol1s Dln!:ctOf
D;ate
P,lblir: IJlilttie:!i
Public lJfHit¡e~¡ Op~f.aiio"$
U23J200S 12:58 PM
Approved By
JU!I'!I!!:ì. W. Delu"y
Public UtHitlea A,umlnl$tra!ør
OatH
Public Utilities.
f-'ublic Utilities Admil,¡sUat!on
2125/l0QS 9:03 AM
Approved 8)-'
OMf1 Coordin<ltnr
Admioìr.tratl\lr. A1;.'f,i~I;U}t
J);¡Zle
County M.anõç¡er'"$ Office
Office of MlInõgement g Budget
21251200'510:53 AM
Approved ß)-'
SUj,<ln Us.l1er
ScniQr ManÐgr.me"t/BUd~~t An'II~(5t
o.ne
Courlty Ma!\agel'!,; Dffice
omc~ 01 Manag~rner!t & Buù~et
21251Z005 2: 11 PM
Approved O~:
Michael SmvkowHki
M<ln¡¡¡!Jem~t\' &. l\udgr.t Dirac lor
D~le
ÇQUllly Mat\ò!lyer'~ Office
Office of Murlayt!nlell & Budget
2/26J200!i 10:3'9 AM
Approved 0)'
Leo E. Ochz., Jr.
Deputy Co..mt)f Manager
l);3te
ß(lard of Cour<ly
CtH"In¡~s~onet'
County' M<tn<lg~r'~ Office
2128{2005 12:.55 PM
Agenda Item No. 1601
March 8, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to award bid #05-3759 for rental of portable toilets to J.
W. Craft, Inc. at an estimated cost of $26,000 countywide
Obiective: To provide sanitary facilities for use at County facilities and County-
sponsored events at the lowest possible cost.
Considerations: Throughout the year various County deparbnents rent portable toilets
for use at County facilities and County-sponsored events.
Bid #05-3759 was posted on December 15, 2004 with invitations to bid sent to 55
vendors. Two responses were received, one trom 1. W. Craft, Inc. and one from Ron's
Jons. Staff has reviewed the quotes received and recommends award of bid to 1. W. Craft,
Inc. as the lowest, qualified bidder.
Fiscal Impact: Funds are budgeted in the appropriate line item within the budgets of
various County departments. Total estimated annual expenditure countywide is $26,000.
Growth Manaaement ImDact: No growth management impact is associated with this
action.
,-,
Recommendation: That the Board of County Commissioners awards bid #05-3759 to
J. W. Craft, Inc. for the rental of portable toilets.
Prepared by: Amanda Oswald Townsend, Operations Analyst, Parks and Recreation
Department
-..,
'-'_''''''''''''''t,,_.,.~~.-c_...,_''.'',·,
Agenda Item No. 1601
March 8, 2005
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
1601
Recommendation to award bid #05-3759 for rental of portable toilets to J. W. Craft, Inc. at an
estimated cost of $26,000 countywide.
3/8/20059:00:00 AM
Meeting Date
Approved By
Kathy McLarty-Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
2/8/2005 3:02 PM
Approved By
Brenda Brilhart
Purchasing Agent
Date
Administrative Services
Purchasing
2/9/2005 10:17 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
2/9/2005 10:56 AM
Approved By
Murdo Smith
Beach and Water Superintendent
Date
Public Services
Parks and Recreation
2/10/200511:58 AM
Approved By
Marla Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
2/15/200511:43 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
2/15/2005 1 :11 PM
Approved By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
2/15/2005 1 :48 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
2/24/2005 9:01 AM
Approved By
Leo E. OChs, Jr.
Deputy County Manager
Date
Board of County
Agenda Item No. 16D1
March 8, 2005
Page 3 of 4
Commissioners
County Manager's Office
2/24/2005 9:36 AM
Agenda Item No. 16D1
March 8. 2005
Page 4 of 4
0""""'" Dale: Janu-- ~ 2OG5 ø 2:30 ".m. P_ & .......lIon PDStina Dale: 12/15104
ITEM DESCRIPTION J.W.er.t't,lnc. Ron'. Jona
1 Slondwd rental unft deaned one I \ time"'" week -
Cemes1ownllmmokaloelE.emlod..: S 10.50 $ 55.00
2 SIEIJ1dwd rental unit deanod two (2\ Urne. DB' week .
Cem"""""'" ImmokaloelEveralod",,: S 17.50 $ 80.00
3 HandlC8DDed rental unit d....ned two (21 11m.. "'" week-
CamestownIlmmokaleelE'JDmlades: S 20.00 $ 95.00
4 Slsndard rent'" unft deoned 3 time. DIll' week-
Cern"""""'" ImmokaJeelEveralod..: S 25.00 $ 135.00
5 Slendani renlsl unit cleened....en (7 11m.. oar week -
CernestownllmmokalelllEvelllledee $ 40.00 $ 230.00
e standwd rental unft deened 7 times DIll' week-
NeDles/Mera>: S 10.50 $ 55.00
7 SIEIJ1dwd rental unft deened two (2) times œ, week-
Nanles and Marco: ~ 17.50 $ 80.00
. HandicannAd rental unit ciaanad two f2\ times ner week -
NøD6es/Marco: S 20.00 $ 95.00
9 S1andard rental unit deøned vtue& (3) times Del' week.
NeDleelMerao: $ 25.00 $ 130.00
10 Standard runtsl unit cleøned seven (7 times ner week ~
NeDleelMara>: $ 40.00 $ 230.00
11 Slandwd rental œ, SDecieJ Event - Each cleaned one 1 time
Cern..townl ImmokaleelE.eraledes: $ 25.00 $ 55.00
12 HandicRn røntall'I8r Snecial Event - Each clBllned one 1\ time
Cernestownl Immokelee/Everaledes: $ 30.00 $ 75.00
13 Slendwd rental DO'SDecleJ EwnI- Each cleaned on. II time
NaDlesIMerao: S 25.00 $ 55.00
14 Handican rental !]Ar SD8àaJ Event - Each cleaned one 1'time
NeplesIMarao: $ 30.00 $ 75.00
15 Wash Station ren1a1 for Sœciø.1 Event- Each cleaned one 1 time: $ 35.00 $ 75.00
1. HoIdi~ Tank Melnlenanœ
22 Vanderbilt Beech Roed - Cost nor month deened on. 1 time: $ 120.00 $ 200.00
17 MulfJ-tollet, weter & .lecIridbt sel~con1eined - As Needed -
Each deøned one 1 Ume: $ 650.00 NIA
18 Holdinn Tank Maintenance- Cleaned one (1) time Dermmth
Immokalee Lemml: $ 120.00 $ 200.00
ITMES 1 - 18 TOTAL BID PRICE: $ 1,261.00 $ 1 975.00
"IIEEBID"
-The dol.... mnounta In thi. column
add uDID $1820.00"
Promot Pa"""'n! Terms: Net 30 DIIYS Net 30 Døvs
Ooenlna Aaont Brende Brtlhsrl
Witness: Barbara Hecker
Pro øct Mgr: John V.lt
Notiœe Sent 55
P",*- Requeeled: 5
Projectlltle: Portable ToIlet...ntøI
Tllbulation for Bid: iJ05-3759
P.1of1
Agenda Item No. 1602
March 8, 2005
Page 1 of 21
.-
EXECUTIVE SUMMARY
Recommendation to approve application and Memorandum of Understanding for a
Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of
$350,000 from the United States Department of Justice.
OBJECTIVE: To approve application for Safe Havens: Supervised Visitation and Safe
Exchange Grant 1Ì"om the United States Department of Justice, Office on Violence
Against Women for Child Advocacy Council.
CONSIDERATIONS:
Collier County Government was approached by the Collier County Child Advocacy
Council (dba Child Protection Team) to serve as the applicant for a Safe Havens:
Supervised Visitation and Safe Exchanged Grant. By statute, this grant may only be
awarded to states, Indian Tribal governments and units of local government that propose
to enter into or expand the scope of existing contracts and cooperative agreements with
public or private nonprofit entities to provide supervised visitation and safe visitation
exchange of children by and between parents in situations involving domestic violence,
child abuse, sexual assault or stalking.
,,-
The Collier County Board of County Commissioners has had a working relationship with
the Collier County Child Advocacy Council (dba Child Protection Team) since 1992
working through the Human Services Department to pay for medical exams of abused
children according to Florida Statute 39.304(5).
Collier County Child Advocacy Council is the only local nonprofit eligible to carty out
the objectives of the program if the grant is awarded. The program provides a domestic
violence family assessment for the court that considers the safety of the children and
adult victim.
Funding will be used to improve supervised visitation services, enhance security and
expand center services. Collier County Child Advocacy Council anticipates serving 220
children and adult victims of domestic violence each year. The goals are to keep children
and adult victims safe, to provide a positive environment for visitation and exchanges and
to assist families through their crisis with case management services.
This is a collaborative grant through the United States Department of Justice which
would involve a joint commitment from Collier County Government which would serve
as the fiscal entity for the project, the 20th Judicial Circuit Court, which would continue to
provide referrals for the supervised visitation services, and the Collier County Child
Advocacy Council, which would provide the. direct services for the supervised visitation.
--
Additional partners will include the Shelter for Abused Women and Children who would
provide training to visitation staff and local law enforcement and to court representatives
regarding domestic violence issues and supervised visitation. The local court will
---~._. ..-.---....
Agenda Item No. 16D2
March 8, 2005
Page 2 of 21
continue to provide refeITals to the visitation center of the most severe cases and those
requiring security. As the Family Visitation Center is a program of the Collier County
Child Advocacy Council, they will provide training for the partners on child abuse and
neglect.
If awarded, the grant agreement and sub recipient agreement will be brought back to the
Board of County Commissioners for approval. As Fiscal Entity for the grant, Collier
County will be responsible for ensuring compliance with the programmatic and financial
reporting requirements of the Office on Violence Against Women and will be required to
assume a level of monitoring responsibility to ensure the Child Advocacy Council is in
compliance with all grant requirements. If the requirements are not met, Collier County
will be responsible for carrying out the program, will be required to return the grant or
will be subject to other requirements set forth by the Office on Violence Against Women.
FISCAL IMPACT: Serving as the fiscal entity for the administration of this project will
require a minimal amount of staff involvement. Allowable administrative expenses and
travel associated with the grant will be included in the application resulting in no further
fiscal impact.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact due
to this request.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve submittal of an application for the Safe Havens: Supervised Visitation
and Safe Exchange Grant for $350,000,
2. Authorize the Chairman to sign the Memorandum of Understanding,
3. Authorize the Chainnan to sign the Certification of Non supplanting, and
4. Designate the Public Services Administrator, or designee, to be the signing
authority to complete the online application, standard assurances and
certifications and all other electronic application documents on behalf of Collier
County.
The County Attorney's office has reviewed and approved the above documents as
meeting legal sufficiency.
Prepared by: Barry Williams, Director, Human Services Department
-
Agenda Item No, 1602
March 8, 2005
Page 3 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
1602
Meeting Date
Recommendation to approve application and Memorandum of Understanding for a Safe
Havens: Supervised Visitation and Safe Exchange Grant in the amount of $350,000 from the
United States Department of Justice,
3/8/2005 9:00:00 AM
Prepared By
Date
Barry Williams
Human Services Director
2/23/20053:20:43 PM
Public Services
Human Services
Approved By
Barry Williams
Human Services Director
Date
Public Services
Human Services
2/24/200510:26 AM
Approved By
Marlene J, Foord
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
2/2512005 9:08 AM
Approved By
Marla Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
2/25/20053:32 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
311120058:19 AM
Approved By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/1/20054:53 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3121200510:01 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/2/200510:20 AM
Agenda item No. 1602
March 8, 2005
Page 4 of 21
AbstractIProposal Summary
Collier County, Florida is applying for the Safe Havens grant to support and enhance the services
ofthe existing local visitation center. The Family Visitation Center of the Collier County Child
Advocacy Council is the only not for profit agency in Collier County to provide supervised
visitation and safe exchanges for victims of domestic violence and their children. The center
provides domestic violence family assessments, case management, supervised visitation and
monitored exchanges for children whose parents have been court ordered. Weare requesting
$350,000 for two years for an implementation grant. The funding will be used to improve
supervised visitation services, enhance security and expand center services. The goals are to keep
children and adult victims safe, to provide a child friendly environment for visitation and
exchanges, and to assist families through their crisis with case management, support to victims
and their children, and with community referrals. In 2004 this program received new referrals of
172 children and adult victims of domestic violence. We anticipate serving 220 children and
adult victims of domestic violence each year. Thirty eight percent of the school age children in
Collier County are Hispanic and almost five percent are Haitian. Almost twenty percent have
limited English proficiency. The agency is faced with both language and significant cultural
barriers to providing services. The funding will provide a bilingual case manager and visitation
facilitators for this underserved population as well as translators for both Spanish and Creole.
Collier County, Florida is the largest county in Florida and includes the rural predominantly
migrant community of Immokalee which has been designated a federal empowennent zone.
There is a need to expand the services to include regularly scheduled office hours in Immokalee
with security for supervised visitation and exchanges.
Agenda Item No. 1602
March 8, 2005
Page 5 of 21
Memorandum of Understanding
Collier County Government is the lead Safe Havens: Supervised Visitation and Safe
Exchange Grant Program applicant, and supports the Comer County Child Advocacy
Council operating the Local Supervised Visitation Center (LSVC); hereafter referred to
as the LSVC. Comer County Government enters into a Memorandum of Understanding
(MOD) with the Shelter for Abused Women and Children (Community Domestic
Violence Agency); hereafter referred to as the CDV A, the LSVC, and the 20th Judicial
Circuit Court.
I. History of Relationship
The CDV A began collaborating with the LSVC in 1997. The CDV A, Executive Director
and the LSVC, Executive Director has met on an on-going basis since 1997 to discuss the
provision of visitation services to victims of domestic violence. Throughout this
relationship, CDV A provided training for LSVC Staff and volunteers in the fonowing
areas: recognizing signs of domestic violence; methods and strategies for working with
victims of domestic violence; and domestic violence potential impacts on children and
the battered persons. LSVC accepts referrals through the local court system for women
in need of supervised visitation. LSVC refers clients identified through the local court
system to the CDV A for counseling, follow-up, and advocacy. Additionally, the LSVC
and CDV A Executive Directors and staff have met on a regular basis to develop a
comprehensive plan for building a larger collaborative effort on supporting domestic
violence response and supervised visitation.
The ultimate goal of the partnering organizations is the protection of domestic violence
victims and their children in all settings. As a result, LSVC and CDV A are striving to
develop an expanded collaboration including child abuse and neglect organizations, law
enforcement, courts, hospitals, legal advocates, families, and community groups. The
LSVC and CDV A have established an effective method of communication with the local
court system to develop an awareness and understanding among the potential
collaborators of the unique circumstances surrounding supervised visitation in cases of
domestic violence.
II. Development of the Application
Discussions regarding the collaborative effort proposed in the application and detailed in
this Memorandum began at the program inception in 1997. The LSVC Director met with
center staff to develop a grant application response. This draft was supplemented with
key judicial and CDV A staff recommendations. The LSVC Director also conducted an
independent study of similar visitation programs in other jurisdictions through the
Supervised Visitation Program, Florida Chapter and by attending other visitation
programs. Additionally the Directors discussed the application process and expectations
with the potential members of the evolving collaboration. These representatives provided
input in the initial development phase and feedback throughout the process. Recent
meetings among the Executive Directors, County representatives and local court
Agenda Item No. 1602
March 8, 2005
Page 6 of 21
representatives have led to the agreement reflected In this Memorandum and the
submission of the grant application.
m. Roles and Responsibilities
The Shelter for Abused Women and Children (CDV A)
Will work with the LSVC related to developing a cross-agency collaboration among the
children abuse and neglect organizations, law enforcement, courts, hospitals, legal
advocates and community groups.
The CDV A training staff will provide up to three domestic violence awareness-training
sessions per year to the LSVC. Additional collaboration members will be invited to
participate in these sessions.
Refer all domestic violence victims with children in need of supervised visitation or
exchange services to LSVC and follow-up on the outcome of the referrals through the
local court system.
Promote training/education of local law enforcement agencies and court representatives
regarding domestic violence issues and supervised visitation. The CDV A may enter into
agreements with these agencies as to the number of training sessions to be provided.
Collier County Child Advocacy Council (LSVC)
Dedicate (3) full-time staff and .5 FTE of a program director to providing supervised
visitation services to families impacted by domestic violence, child abuse, sexual assault
and stal1àng.
Provide facilities and required security (e.g. rooms, enclosed playground, etc.) fOT the
program service objectives.
The Director will support the growth of the collaborative effort, and supervise all LSVC
activities. Additionally, the Director will submit program evaluation infonnation to local
and national evaluators as required by the grantor.
Maintain and submit financial and programmatic documentation for accounting and
reporting as required by the grant and the fiscal agent.
Maintain the confidentiality of individuals and families using the LSVC's services.
20th Judicial Circuit Court
Submit referrals and relevant case information to LSVC, and receive follow-up from
LSVC on the outcome of the referrals.
Agenda Item No. 1602
March 8, 2005
Page 7 of 21
Participate in training for collaboration partners on the legal system and its role in
working with victims of domestic violence, child abuse, sexual assault and stalking.
Designate a representative and alternate representative to participate in the collaboration
meetings.
Collier County Government
Collier County Government will act as the fiscal agent for the grant project and ensure
compliance with the grant and reporting requirements of the Office on Violence Against
Women (OVW). Additionally, the County will support the collaboration efforts of the
project by providing a conference room for partner meetings.
IV. Time Line
The roles and responsibilities described above are contingent on the LSVC receiving the
funds requested for this project in the OVW grant application. The beginning and end
dates of this collaborative effort will coincide with the grant period, anticipated to be
October 1,2005 through September 30, 2007.
Approval
We the undersigned have read and agree with this MOD. Further, we have reviewed the
portion of the proposed project budget pertaining to the collaborative effort described
here, and approve it.
By
By
Jacqueline Griffin Stephens,
Executive Director
Collier County Child Advocacy
Council
Kathy Herrmann,
Chief Executive Officer
The Shelter for Abused Women
and Children
Date
Date
By
Cynthia Ellis, Administrative
Judge
20th Judicial Circuit Court
Date
Agenda Item No. 1602
March 8, 2005
Page 8 of 21
This Memorandum of Understanding, after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUN1Y COMMISSIONERS
COLUER COUN1Y, FLORIDA
Deputy Clerk
By:
FRED W. COYLE, Chairman
Approved as to form and
Legal sufficiency:
Robert N. Zachary
Assistant County Attorney
Safe Havens: Supervised Visitation and Safe Exchange Grant Program
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Assurances and Certifications
To the best of my knowledge and belief, all data in this
applìcation/preapplication is true and correct¡ the document has been duly
authorized by the governing body of the applicant and the applicant will
comply with the attached assurances if the assistance is awarded.
Your typed name, in lieu of your signature represents your legal binding
acceptance of the terms of this application and your statement of the
veracity of the representations made in this application. The document has
been duly authorized by the governing body of the applicant and the
applicant will comply with the following:
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If you are an applicant for any Violence Against Women grants, this
includes the Certification of Compliance with the Statutory Eligibility
Requirements of the Violence Against Women Act.
*Prefix: Ç;hairman 1Ì
Prefix (Other):
*First Name: Fred
Middle Initial: w...
*' Last Name: coyle
Suffix I Suffix: ...rJ
Suffix (Other): I
*Title: ICha.irman
*' Address Une 1: 13301 Tamiami Trail East
Address Una 2: Bldg. Hl2nd Floor
*C¡ty: Naples
County: Collier
*State: Florida .!1
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"'Zip Code: 134112 -/3969
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Safe Havens: Supervised Visitation and Safe Exchange Grant Program
Agenda ItJ>m~'fd[)!¿
March 8, 2005
Page 10 of 21
'" Phone: 1239 -1774.. -18097 Ext ~ I
Fax: r- -r- -I
*E-mail: fredcoyle@colliergov.m
r I have examined the information provided here regarding the
signing authority and certify it is accurate. I am the signing authority,
or have been delegated or designated formally as the signing authority
by the appropriate authority of official, to provide the information
requested throughout this appHcation system on behalf of this
jurisdiction. Information regarding the signing authority, or the
delegation of such authority, has been placed in a file and is available
on-site for immediate review.
Save:and .CÓntinue
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Assurances Agenda Itlrit!Wo~ -Rfi)L¿
March 8, 2005
Page 11 of 21
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STANDARD ASSURANCES
The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies,
guidelines, and requirements, including OMS Circulars A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order 12372
(intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for
grants and cooperative agreements). The applicant also specifically assures and certifies that:
i. It has the legal authority to apply for federal assistance and the institutional, managerial, and
financial capabìlity (including funds sufficient to pay any required non-federal share of project cost)
to ensure proper planning, management, and completion of the project described in this application.
2. It will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or personal
gain.
3. It will give the awarding agency or the General Accounting Office, through any authorized
representative, access to and the right to examine all paper or electronic records related to the
financial assistance.
4. It will comply with all lawful requirements imposed by the awarding agency, specifically including
any applicable regulations, such as 28 C.F.R. pts. 18,22,23,30,35,38,42,61, and 63.
5. It will assist the awarding agency (if necessary) in assuring complíance with sectÎOn 106 of the
National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16
U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
6. It will comply (and will require any subgrantees or contractors to comply) with any applicable
statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e»;
The JuveniJe Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b»; the Civil Rights
Act of 1964 (42 U.S.C. § 2000d); the RehabiJitation Act of 1973 (29 U.S.C. § 7 94); the Americans
with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C.
§§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex.
Order 13279 (equal protection of the laws for faith-based and community organizations).
7. If a governmental entity:
a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 D.S.C. § 4601 et seq.), which govern the treatment of persons
displaced as a resu1t of federal and federally-assisted programs; and
b, it wîll comply with requirements of 5 U.s.C. §§ 1501-08 and §§ 7324-28, which limit certain
political activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by federal assistance.
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Certifications Page 1 of...;)....
Agenda Itè~o. î6C¿
March 8, 2005
Page 12 of 21
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U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing
this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69,
"New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-
curement) and Government-wide Requirements for Drug- Free Workplace (Grants)." The certifications shall be
treated as a material representation of fact upon which reliance will be placed when the Department of Justice
determines to award the covered transaction, grant, or cooperative agreement.
1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for
persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69. the
applicant certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned. to any
person for in-fluencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in con-nection with the making of
any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative
agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities,"
in accordance with its instructions;
(c) The undersigned shall require that the language of this cer-titication be included in the award documents for all
subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and
subcontracts) and that all sub-recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for
prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of
Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d)
Have not within a three-year period preceding this application had one or more public transactions (Federal,
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Agenda Itf~J í1f&z
March 8, 2005
Page 13 of21
State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for
grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620
A. The applicant certifies that it wìll or wìll continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to inform employees about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under
the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from
an employee or otherwise receiving actual notice of such convic"tion. Employers of convicted employees must
provide notice, including position title, to: Department of Justice, Office of Justice Programs, A TTN: Control Desk,
633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each
affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d){2), with
respect to any employee who is so convicted
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State. or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a), (b), (c), (d), (e), and (t).
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Certifications Agenda It~m?Ño~ í'ðÉb
March 8, 2005
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As the duty authorized representative of the applicant, I hereby certify that the applicant will comply with the
above certifications.
Accept I
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Agenda Item No. 1602
March 8, 2005
Page 15 of 21
COlliER COUNTY CHilD ADVOCACY COUNCil. INC.
SUMMARY BUDGET
For the 2004 - 2005 Fiscal Year
2004-2005 MONTHLY 2003-2004 MONTHLY
BUDGET BUDGET ACTUAL ACTUAL
FUNDING:
Department of Health 312,516.00 26,043.00 312,516.00 26,043.00
VOCA Grant 205,000.00 17,083.33 204,424.00 17,035.33
NCA Grant 8,500.00 708.33 9,250.00 770.83
Misc. Donations 12,000.00 1,000.00 11,230.50 935.88
Community Foundation 10,000.00 833.33 10,500.00 875.00
Grants - Other 210,000.00 17,500.00 211,490.00 17,624.17
Fund Raisers 20,000.00 1 ,666.67 17,239.24 1,436.60
Gala 70,000.00 5,833.33 130,703.00 10,891.92
Sublet 15,518.40 1,293.20 16,811.60 1,400.97
Reimbursements 15,000.00 1,250.00 19,863.80 1,655.32
UW Grant 95,000.00 7,916.67 92,500.00 7,708.33
Interest Income 500.00 41.67 510.64 42.55
Misc. Income 150.00 12.50 83.50 6.96
TOTAL 974,184.40 81,182.03 1,037,122.28 86,426.86
GENERAL & ADMINISTRATIVE
PERSONNEL:
Executive Direcb)r 65,859.33 5,488.28 65,244.28 5,437.02
CAC Program Director 51,488.48 4,290.71 51,768.40 4,314.03
Clinical Supervisor 31,109.15 2,592.43 39,747.83 3,312.32
CC (BS) 40,902.69 3,408.56 38,654.74 3,221.23
CC fI/W) 46,913.53 3,909.46 41,521.00 3,460.08
Program Director 44,669.28 3,722.44 42,650.52 3,554.21
Case Manager (PP) 34,177.50 2,848.13 32,658.20 2,721.52
Financial Director 48,991.49 4,082.62 48,114.33 4,009.53
Youth Advocate (AR) 35,385.00 2,948.75 35,493.40 2,957.78
Youth Advocate (JP) 34,578.26 2,881.52 33,039.87 2,753.32
Case Manager (LL) 15,600.00 1,300.00 0.00
Case Manager (MC) 34,700.00 2,891.67 30,369.58 2,530.80
Office Manager 32,445.00 2,703.75 31,008.24 2,584.02
0.00
Total Personnel 516,819.71 43,068.31 490,270.39 40,855.87
FRINGE BENEFITS:
Insurance - Group Health 73,407.36 6,117.28 55,494.59 4,624.55
Insurance - Ancillary 9,867.84 822.32 15,929.64 1,327.47
Retirement 34,725.98 2,893.83 31,070.65 2,589.22
Social Security / Medicare 33,593.28 2,799.44 37,505.66 3,125.47
Unemployment Comp 100.00 8.33 304.76 25.40
Worker's Comp 4,500.00 375.00 6,871.32 572.61
Total Fringes 156,194.46 13,016.20 147,176.62 12,264.72
Agenda Item No. 1602
March 8, 2005
Page 16 of 21
SUBCONTRACTUAL:
Audit (Compliance) 6,500.00 541 .67 6,481.17 540.10
Total Subcontractual 6,500.00 541.67 6,481.17 540.10
STAFF TRAVEL:
Education & Seminars 84.00 7.00
Travel - Conference 10,000.00 833.33 9,529.21 794.10
Travel - local Mileage 3,500.00 291.67 3,404.70 283.73
Total Staff Travel 13,500.00 1,125.00 13,017.91 1,084.83
OFFICE EXPENSES:
Advertising & Promotion 1,500.00 125.00 1,259.69 104.97
Bank Service Charges 350.00 29.17 356.50 29.71
Commissions Paid 1,200.00 100.00 1,791.46 149.29
Dues & Subscriptions 6,500.00 541 .67 6,572.70 547.73
Janitorial Service 5,280.00 440.00 5,160.00 430.00
Legal & Accounting 0.00
Miscellaneous Expense 3,500.00 291.67 3,599.81 299.98
Office Supplies 15,000.00 1,250.00 13,998.47 1,166.54
Office Equipment 2,000.00 166.67 1,077.90 89.83
Postage 3,000.00 250.00 3,235.28 269.61
Printing 8,500.00 708.33 8,116.53 676.38
Maintenance 6,500.00 541.67 6,844.96 570.41
Security 12,000.00 1,000.00 12.344.52 1,028.71
Telephone/Ans. Svc. 10,000.00 833.33 10,427.25 868.94
Taxes-Other 1,100.00 91.67 142.74 11.90
Utilities 4,500.00 375.00 4,616.76 384.73
Employee Recognition 2,500.00 208.33 2,659.76 221.65
Interest Expense 0.00
Total Office Expenses 83,430.00 6,952.50 82,204.33 6,850.36
RENTAL OF SPACE:
Building Mortgage 24,000.00 2,000.00 24,000.00 2,000.00
Depreciation 26,000.00 2,166.67 26,258.61 2,188.22
Office Rental - Naples 0.00
Office Rental - Quarterly Assessm 7,200.00 600.00 7,200.00 600.00
Office Rental - Taxes 5,419.39 451.62
Storage Rental 1,600.00 133.33 1 ,669.33 139.11
Total Rental 58,800.00 733.33 64,547.33 1,190.73
INSURANCE:
liabil ity/ContentslDishonesty/Floo< 19,500.00 1,625.00 19,799.41 1,649.95
0.00
Total Insurance 19,500.00 1,625.00 19,799.41 1,649.95
CAPITAL OUTLAY
Computer Equipment 4,500.00 375.00 5,203.50 433.63
OCO 170,000.00 14,166.67 34,056.46 2,838.04
Total Capital Outiay 174,500.00 14,541.67 39,259.96 3,271.66
Agenda Item No. 1602
March 8, 2005
Page 17 of 21
MEDICAL COSTS:
Medical D & E's 15,000.00 1,250.00 16,055.00 1,337.92
Lab5IX-Rays 500.00 41.67 580.60 48.38
Billing Expenses 225.00 18.75 171.80 14.32
Transcription Services 1,600.00 133.33 1 ,466.84 122.24
Total Medical Costs 17,325.00 1,443.75 18,274.24 1,522.85
FUND RAISER EXPENSES:
Gala Expense 23,000.00 1,916.67 23,409.61 1,950.80
0.00
Total Fund Raiser Expense 23,000.00 1,916.67 23,409.61 1,950.80
TOTAL EXPENSES 1 ,069,569.17 84,964.10 904,440.97 71,181.86
Revenue Less Expense (95,384.77) (3,782.06) 132,681.31 15,244.99
Agenda Item No. 1602
March 8, 2005
Page 18 of21
COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC.
SAFE HAVEN GRANT BUDGET
FOR THE BI-ANNUAL PERIOD ENDING SEPTEMBER 30, 2007
(A) (B) (C)
YEAR 1 YEAR 2 TOTAL
OPERATING REVENUE:
1 GRANT REVENUE $ 175,000 $ 175,000 $ 350,000
2 TOTAL OPERATING REVENUE $ 175,000 $ 175,000 $ 350,000
OPERATING EXPENSES:
3 SALARIES $ 100,234 $ 105,246 $ 205,480
4 EMPLOYEE BENEFITS 38,006 39,906 77,912
5 CONTRACTED SERVICES
6 TRANSLATORS 2,500 2,500 5,000
7 SECURITY 18,000 18,000 36,000
8 PRINTING 1,200 500 1,700
9 TRAVEL AND TRAINING
10 DOMESTIC VIOLENCE TRAINING 500 500 1,000
11 CULTURAL DIVERSITY TRAINING 500 500 1,000
12 TECHNICAL ASSISTANCE TRAINING 3,500 2,000 5,500
13 OFFICE SUPPLIES 3,160 848 4,008
14 OFFICE EQUIPMENT - COMPUTER (2) 2,400 2,400
15 TOTAL $ 170,000 $ 170,000 $ 340,000
OTHER EXPENSE
16 ADMINISTRATIVE OVERHEAD * $ 5,000 $ 5,000 $ 10,000
17 TOTAL $ 5,000 $ 5,000 $ 10,000
18 INCOME (LOSS) FROM OPERATIONS
EXCESS REVENUE (EXPENSES) -
19 RESTRICTED FUNDS $ $ $
EXCESS REVENUE (EXPENSES) -
20 ALL FUNDS $ $ $
*The line item for Administrative Overhead may not be an aliowable expense per the parameters of this grant If this line item is
not allowable, these funds will be redistributed to other direct costs not currently included in this budget
",-,
Agenda It1?~d. <PG92
March 8, 2005
Page 19 of 21
APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier
FEDERAL ASSISTANCE
L TYPE OF SUBMISSION 3. DATE RECEIVED BY State Application Identifier
STATE
Application Non-Construction 4. DATE RECEIVED BY Federal Identifier
FEDERAL AGENCY
5.APPLICANT INFORMATION
Legal Name Organizational Unit
Collier County Government Human Services Department
Address Name and telephone number of
the person to be contacted on
3301 Tamiami Trail East matters involving this application
Bldg. H/2nd Floor
Naples, Florida Foord, Marlene
34112-3969 (239) 774-8971
6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7. TYPE OF APPLICANT
59-6000558 County
8. TYPE OF APPLICATION 9. NAME OF FEDERAL
AGENCY
New
Office on Violence Against
Women
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF
APPLICANT'S PROJECT
NUMBER: 16.527
CFDA Safe Havens: Supervised Visitation and Safe Collier County Safe Haven
TITLE: Exchange Grant Program Visitation Project
12. AREAS AFFECTED BY PROJECT
Underserved populations throughout Collier County, including Immokalee.
13. PROPOSED PROJECT 14. CONGRESSIONAL
Start Date: October 01, 2005 DISTRICTS OF
End Date: September 30, 2007
a. Applicant
b. Project FL14 FL25
15. ESTIMATED FUNDING 16. IS APPLICATION
Federal $350,000 SUBJECT TO REVmW BY
STATE EXECUTIVE ORDER
Applicant $0 12372 PROCESS?
State $0
Local $0 Program has not been selected by
state for review
https:flgrants.ojp.usdoj.gov/gmsextemal/applicationReview .do ?print=yes
2/2312005
-----.-----,....--
Agenda t~~c7. ~ª2
March 8, 2005
Page 20 of 21
Other $0
Program Income $0 17. IS THE APPLICANT
DELINQUENT ON ANY
FEDERAL DEBT?
TOTAL $350,000
N
18. TO TIIE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN TI-IIS APPLICATION
PREAPPLICA nON ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DUL Y
AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL
COMPL Y WITH THE A IT ACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED.
https://grants.ojp.usdoj .gov/gmsexterna1/applicaûonReview.do ?print=yes
2/23/2005
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
Agenda Item No. 1602
March 8, 2005
Page 21 of 21
P/jo<-W<i o/YðolliMc CØo~£nq¡ 7iommUððt~
3301 East Tamiami Trail· Naples, Florida 34112·4977
(239) 774-B097 . Fax (239) 774·3602
March 8, 2005
Diane M. St:uart, Director
Office on Violence Against Women
810 71h S1reet, NW
Washington, DC 20531
Dear Ms. Stuart:
Collier County certifies that funds awarded through the Safe Havens: Supervised
Visitation and Safe Exchange Grant Program will be used to supplement existing funds
for program activities and win not replace (supplant) nonfederal funds that have been
appropriated to support supervised visitation and safe exchange of children. by and
between parents, in situations involving domestic violence, child abuse, sexual assault, or
stalking. Collier County understands that supplanting violations can resuJt in a range of
penalties, including suspension of future funds W1der this program, suspension or
debarment from federal grants, recoupment of monies provided under this grant, and civil
and/or criminal penalties.
Sincerely.
Fred W. Coyle
Chairman
Agenda Item No. 16D3
March 8, 2005
Page 1 of 2
,,-.
EXECUTIVE SUMMARY
Recommendation to accept donated funds in the amount of $79.29 and approve a
budget amendment recognizing the revenue and appropriating funds for
Immokalee Community Park
Obiective: To enhance recreation programs through private contributions.
Considerations: The Friends of the Parks of Collier County volunteer group of Immokalee
has donated $79.29 to Immokalee ComDumity Park for enhancement of recreation programming.
Fiscallmoact: Staff has prepared a budget amendment that recognizes this amount in revenue
and appropriates it to the Immokalee Recreation fund center within the Parks and Recreation
budget.
Growth Manaaement Imoact: No growth management impact is associated with this action.
Recommendation: That the Collier County Board of County Commissioners accepts the
donated funds and approves the necessary budget amendment.
Preoared By: Amanda O. Townsend, Operations Analyst, Parks and Recreation Department
,-
,,-.
Agenda Item No. 1603
March 8, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
1603
Recommendation to accept donated funds in the amount of $79.29 and approve a budget
amendment recognizing the revenue and appropriating funds for Immokalee Community
Park.
3/8/20059:0000 AM
Meeting Date
Approved By
Kathy McLarty-Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
2124/20052:11 PM
Approved By
Murda Smith
Beach and Water Superintendent
Date
Public Services
Parks and Recreation
2/2512005 12:07 PM
Approved By
Marla Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
2125120053:31 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
311/2005 7:42 AM
Approved By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3f2f2005 8:49 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
3f212005 9:46 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
312f2005 10:22 AM
<-
Recommendation to approve an amendment to the external Auditing Contract ~¡ IAlldhla.g16E1
Services for Collier County between KPMG, LLP and Collier County In an amount not tc&/l..id2005
$58,100 for the purpose of performing a group health Insurance third-party administration Bi9i\s of 7
audit of the County's group health insurance claims administrator, CBSA, Inc.
OBJECTIVE: To have the Board of County Commissioners approve an amendment to cover the Auditing
Services Contract 03-3497 between KPMG, LLP and Collier County, for the purpose of peñorming a group
health insurance third-party administration claims audit of the County's claims administrator, CBSA, Inc.
CONSIDERATIONS: Collier County Govemment, through the Risk Management Department, administers
a partially setf-funded group health insurance plan for its employees and their eligible dependents. A
contracted third-party claims administrator, Corporate Benefit Services of America, Inc. (CBSA), processes
claims on behatf of the Plan. In FY 04, CBSA processed in excess of 245,000 billed items and paid
approximately $16,800,000 in claims volume.
It is important to conduct a claims administration audit of the third-party administrator every three to five
years to assure that the claims administrator is peñorming according to their contractual obligations and in
accordance with generally accepted standards and practices. A proposal was sought from the current
external auditing firm, KPMG, to perform this audit as part of the existing contract with the Board of
Commissioners for extemal auditing services. The proposal received provided an in-depth description of
the scope, timing and procedure for the audit as well as the background(s) of the principle individuals who
will perform the audit. The principles involved have performed in excess of 50 such audits and possess the
professional experience needed to deliver a thorough work product.
Anon-site review will be performed at the third-party claims administrator's facility in Minnesota. The scope
of the audit will review financial accuracy, payment accuracy. processing accuracy, and turnaround time
based upon a sample size of 203 claims selected from recent claims data. The on-site portion of the audit
will take approximately two weeks to complete and will involve three auditors.
The procurement of this service serves a valid public purpose in that the result of the audit will be used to
- evaluate the peñormance of the contractor, CBSA; to assure that the fiduciary interests of the plan are
protected; and to assure that the Board and the participating members of the plan are receiving a high level
of service.
Contract 03-3497 for Auditing Services contains a provision for additional related services as mutually
agreed upon by the County and Contractor. These services will be provided under Amendment A-2, which
outlines the Scope of Work, dellverables, related fees and schedule. This Amendment was prepared by the
Contract Administration section of the Purchasing Department and will be reviewed and approved by the
County Attorney.
FISCAL IMPACT: The guaranteed cost for the audit shall not exceed $58,100 and is inclusive of all travel,
lodging, and meal expenses. Travel expenses will be reimbursed according to current GSA per diem rates.
Funds are available within Fund 517, Group Health and Life, to pay for the services peñormed under the
audit.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item.
RECOMMENDATION: It is recommended that the Board approve Amendment A-2 for Audit Contract 03-
3497 between KPMG, LLP and the Board of County Commissioners in the amount of $58,100, authorize
the Chairman to sign the County Attomey approved Amendment, and authorize staff to proceed with the
claims administration audit as described herein.
PREPARED BY: Jeffrey A. Walker, CPCU, ARM, Director, Risk Management
-
0,....;...."",._"..............,...-"',...
Agenda Item No. 16E1
March 8, 2005
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16E1
Recommendation to approve an amendment to the external Auditing Contract 03-3497
Auditing Services for Collier County between KPMG, LLP and Collier County in an amount
not to exceed $58,100 for the purpose of performing a group health insurance third -party
administration claims audit of the County's group health insurance claims administrator.
CBSA, Inc.
3/8/20059:0000 AM
Meeting Date
Approved By
Jeffrey A. Walker, CPCU, ARM Risk Management Director
Date
Administrative Services Risk Management
2/23/2005 1 :08 PM
Approved By
Kelsey Ward
Senior Purchasing and Contracts
Agent
Date
Administrative Services
Purchasing
2/24/2005 1 :01 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
2/24/2005 1 :18 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
2/25/2005 10:37 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
2/251200511:32 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
2128/20059:39 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
2/28/2005 4:56 PM
Agenda Item No. 16E1
March 8, 2005
Page 3 of 7
This amendment, dated , 2005 to the referenced agreement shall be by and between the parties
to the original Agreement, KPMG, LLP, whose address is 100 North Tampa Street, Suite 1700, Tampa,
FL 33602, (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner").
EXIDBIT A-2 Contract Amendment for 03-3497
"Auditing Services for Collier County"
Statement of Understanding
RE: Contract # 03-3497 "Auditing Services for Collier County"
In order to continue the services provided for in the original Con1ract document referenced above, the
Contractor agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit
"A-2A" KPMG Cost Proposal, attached to this Amendment and incorporated herein by reference.
The Con1ractor agrees that this amends the original Contract and that the Contractor agrees to complete
said services in an amount not to exceed fifty eight thousand one hundred dollars ($58,100) as per Exhibit
"A-2A".
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below.
CONTRACTOR
ATTEST:
Corporate SecretarylWitness
KPMG, LLP
By:
Title:
Dated:
By:
Dated:
CORPORATE SEAL
ATTEST:
OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Dwight E. Brock. Clerk
By:
Fred W. Coyle, Chairman
Approved as to form and
Legal sufficiency:
Scott R. Teach
Assistant County Attorney
Contract Amendment # A-2 to Contract 03-3497
"Auditing Services for Collier County"
Agenda Item No. 16E1
March 8, 2005
Page 4 of?
Exhibit A-2A - KPMG Cost Proposal
Backm'ound
Corporate Benefit Services of America, Inc. (CBSA) provides medical claims payment services under an
Administrative Services Agreement ("Agreement") to the County for approximately 2,100 employees.
Annual claims costs approximate $18 mìllion. As the County has not previously conducted a detailed
evaluation of the claims payment services provided by CBSA, the County has requested that KPMG
outline its methodology in performing such an evaluation.
Scope and Approach
Our analysis will be prepared under the Consulting Standards issued by the American Institute of
Certified Public Accountants (AICPA) and does not constitute an examination, compilation or agreed
upon procedures in accordance with the standards established by the AICP A. This analysis wìll be
prepared on the basis of infonnation received from ColIìer County and CBSA. No independent
verification of this infonnation wìll be made by KPMG and we assume no responsibìlìty for the accuracy
or reliabìlity of the infonnation provided to us. The analysis will be intended solely for the use of the
Collier County in its evaluation of the claims payment services provided by CBSA.
KPMG utilizes four (4) standard measurements of a third party administrator's claims processing
operation in its evaluation. These measurements are widely accepted and used among major insurance
carriers and third party administrators:
· Financial Accuracv - This standard measures the dollar value of claims paid correctly compared
to selected sample total claims paid.
· Payment Accuracv - This is a measurement of the number of correct payments divided by the
total number of payments. This measurement shows the number of errors that have fmancial
impact instead of the dollar value of the impact.
· Processing Accuracv - This standard measures the number of claims processed with no financial
or processing errors divided by the total number of selected sample claims.
· Turnaround Time - This measurement demonstrates the number of days required, on average, to
issue a claims payment (e.g., the period oftime fTom when the claims is received until a check or
explanation of benefits (BOB) is issued).
Our approach includes a detailed evaluation of the internal operation of CBSA and re-adjudication of a
statistically significant random sample of claims. We generally re-adjudicate a sample of two hundred
three (203) medical claims selected from recent paid claims data. This sample size results in a ninety five
percent (95%) confidence level, plus or minus three percent (3%) precision. The ultimate precision level
acbieved may vary based on the actual errors documented in the sample.
Our on-site evaluation of CBS A's claims payment facìlìty includes the following evaluations:
· Claims processing and reimbursement accuracy
3
· Reasonable and customary compliance
· Internal operations and audit procedures
· Training procedures
· Systems and documentation procedures
· Security and disaster recovery procedures
· Plan design and systems set-up
Agenda Item No. 16E1
March 8, 2005
Page 5 of 7
KPMG's approach is divided into the following four steps:
Step 1 Preparation
Step 2 Claims administration evaluation
Step 3 On-site claims evaluation
Step 4 Final report and presentation
Step 1 - Preparation
KPMG will work closely with you and CBSA to clearly define engagement objectives and the tasks to be
perfonned by each party. Your Agreement with CBSA requires that you provide 30 days notice of your
retention ofKPMG to perfonn this evaluation. We recommend that this written notification be provided
at your earliest convenience to facilitate the start of our work.
KPMG will request that CBSA provide an electronic data tape of claims paid from the agreed-upon time
period; we recommend the most recent plan year as appropriate. This listing is used for the selection of
the claims sample. We will read the administrative services agreement between CBSA and the County to
determine any limitations on the scope of our evaluation. Our initial evaluation of the Agreement reveals
no limitations.
We will prepare an evaluation worksheet for the on-site evaluation and claims administration evaluation.
We will work closely with the County to develop the evaluation worksheet to incorporate those plan
design issues and cost-containment features of most concern to management Summary Plan Descriptions
and Plan Documents are evaluated in detail to ensure that plan features and rules are being implemented
correctly.
Step 2 - Claims Administration Evaluation
An on-site evaluation of claims administration with CBSA will be conducted prior to the actual
evaluation of the selected medical claims. This evaluation is essentially a "walk through" of claims
processing operations. KPMG will evaluate items pertaining to the internal operations of the third party
administrator such as systems, security, staffing and workflow, policies and procedures, training, quality
control, and customer service. We also evaluate the reports package provided the County and the ability
of CBSA to provide ancillary services such as plan management, cost analysis, and plan design
recommendations. An important component of Step 2 is our confmnation that CBSA's claims payment
system has been appropriately established in accordance with the County's Plan Document. This is
confinned from system-produced reports and direct observations in the claims payment system.
Step 3 - On-site Claims Evaluation
4
Agenda Item No. 16E1
March 8, 2005
The claims evaluation is conducted on-site at CBSA's facility to gain access to systems history ~~ of 7
maintain confidentiality of claims infonnation. This evaluation assists in objectively evaluating the
perfonnance of the claims processors according to contractual arrangements and benefit plan
requirements. The on-site claims evaluation includes the following:
· Eligibility verification and coordination of benefits;
· Benefit coverage and compliance with maximums and treatment requirements;
· Integration with utilization review services;
· Payment calculation including level of payment, maximums, deductibles, and coinsurance
requirements;
· Diagnosis and procedure coding;
· Possible duplication of payment; and
· Timeliness of payment.
Prior to concluding the on-site evaluation of claims, we will request that CBSA review any claims that
result in an error and to either agree or disagree with our findings. CBSA will be given the opportunity to
respond to errors found in the evaluation prior to submission of our report to the County. Some clients
choose to have an internal auditor or benefits professional participate as part of the evaluation team. As
we discussed in our meeting, KPMG is certainly willing to accommodate such an approach and discuss
any fee reduction that may result. This does present an opportunity for a County professional to gain
additional knowledge about the operation of the medical plan. However, sometimes the presence of the
client during the course of our onsite work inhibits more open and frank discussions with the claims
administrator (they may become more guarded in their responses).
Step 4 - Final Report and Presentation
At the conclusion of the on-site work, a report is prepared summarizing the findings of our observations.
The report includes:
· An executive swnmary that summarizes our findings and recommendations;
· A discussion of the methodology employed;
· A summary of findings from the on-site medical claims evaluation including a listing of claims in
error, the payment accuracy ratio, and turnaround time; and
· Recommendations.
At this time we will discuss with you any comments regarding benefit plan design or cost-containment
features that we believe to be beneficial. We will focus on any opportunities for perfonnance guarantees
or administrative fee arrangements advantageous to the County.
TißlÍD.2 and Staffine
5
Agenda Item No. 16E1
March 8. 2005
Our work can generally be completed within two to three months of your acceptance of our propoPltlgEÀ1 of 7
projected time line, assuming a March 8, 2005 start date might work as follows:
Board approval date March 8, 2005
Notification of CBSA March 11, 2005
KPMG/COl.m.ty Kick-off Meeting March 11, 2005
KPMG data request to CBSA March 14,2005
CBSA claims paid tape to KPMG March 28, 2005
KPMG sample selection to CBSA April 5, 2005
KPMG onsite work at CBSA April 25 - May 6, 2005
KPMG draft report to the County May 27,2005
KPMG report presentation to the CountyJune 3, 2005
Wayne E. Page, Director, Compensation and Benefits Practice will serve as engagement manager and
coordinate the on-site work with CBSA. The lead claims analyst is Caroline Chan from KPMG's Boston
office. Other KPMG professionals may be involved with data analysis and project coordination. Contact
infonnation for this engagement is:
Wayne E. Page
KPMG, LLP
303 Peachtree Street, N.E.
Suite 2000
Atlanta, GA 30308
Telephone 404 222 3000
Fax 404 222 3435
Cost
The full evaluation of a two hundred three (203) sample of paid claims will be completed for a
professional fee (inclusive of administrative expense) of fifty thousand dollars. ($50,000.00) Necessary
travel as related to this engagement shall be approved in advance by the County Risk Manager or his
designee. Travel expenses, excluding airfare, will reimbursed according to current GSA per diem
rates. Airfare shall be reimbursed at actual ticket price for coach fare. The cost for necessary travel,
including meals, lodging and related expenses shall not exceed eight thousand one hundred dollars
($8,100.00) It is our practice to issue progress invoices monthly, as the work is perfonned, subject to
review and approval by the County Risk Manager or his designee. Should we encounter unexpected
circumstances or events that inhibit our ability to perform this work as outlined above, we will advise you
prior to incurring any additional fees and obtain your advance written authorization or discuss
amendments to the scope of work.
Total cost not to exceed:
$50,000.00
$ 8,100.00
$58,100.00
Cost for Evaluation including all tasks identified in this Exhibit A-2A:
Travel expenses to be invoiced at cost with no markup not to exceed.:
6
Agenda Item No. 16E2
March 8, 2005
Page 1 of 16
-
EXECUTIVE SUMMARY
Report and ratify Property, Casualty, Workers' Compensation and Subrogation
Claims settled and/or closed by the Risk Management Director pursuant to
Resolution # 2004·15 for the first quarter of FY 05.
OBJECTIVE: To receive approval from the Board of Commissioners for Property,
Casualty, Workers' Compensation and Subrogation claims settled under the authority of
the Risk Management Director during the first quarter of FY05.
CONSIDERATIONS: Resolution 04-15 grants limited authority to the Risk Management
Director to settle certain damages claims against Collier County and to authorize the
payment of investigation and adjustment expenses as presented to the County's Risk
Management Program. Authority is delegated as follows:
_.
Claim Type Deleaated Authorltv
Bodily Injury Liability- Premises, Auto, Non-litigated claims less than $50,000
Operations
Non-litigated claims less than $75,000.
Property Damage Liability Claims- (Note- A $75,000 limit is sought due to high
Premises, Auto, Operations valued vehicles and the potential for multiple
vehicle accidents.)
Errors, Omissions, Professional Liability, Non-litigated claims less than $50,000
Employment Practices Liability
Property Losses to County Owned Full authority
PrODertV
Full authority subject to the provisions of F.S.
Workers' Compensation 440 and subject to approval by the Judge of
Compensation as needed
Employer's Liability Non-litigated claims less than $50,000
Subrogation- Bodily Injury and Property Full authority to pursue non-litigated subrogation
Damage recoveries.
Subrogation- Workers' Compensation Full authority to pursue non-litigated subrogation
recoveries.
Pursuant to the Resolution, claims are settled and paid pursuant to the loss verification
procedures contained in the Resolution which include the completion of claim forms,
documentation of evidence, valuation, and the determination of a finding of liability where
applicable. A listing of claims closed during the first quarter of FY05 is attached.
A valid public purpose is served through the delegation of settlement authority to the Risk
Management Director to settle routine, administrative and minor claims matters in order
-
'.."',__,.","··",·.""··"WC·,_·,·.-...""'......",,,,«-.·.pw_,.,··d'"
Agenda Item No. 16E2
March 8, 2005
Page 2 of 16
to promote the efficient use of resources; to promote the efficient administration of the
program; and to allow for a timely response to claimants and/or their representatives.
FISCAL IMPACT: Funds are budgeted and available in Fund 516-121650-645920
(Property and Casualty Self Insurance Fund) and 518-121630-645928 (Work Comp
Claims) for the payment of covered claims and settlements.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
RECOMMENDATION: That the Board of County Commissioners accept the attached
Settlement Report and ratify the actions taken therein.
,-.
Agenda Item No. 16E2
March 8, 2005
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16E2
Meeting Date
Recommendation to ratify a staff report on Property, Casualty. Workers' Compensation and
Subrogation Claims settled and/or closed by the Risk Management Director pursuant to
Resolution # 2004-15 for the first quarter of FY 05.
3/8/20059:00:00 AM
Prepared By
Date
Sheree Mediavilla
Risk Manager
2/17/20059:02:56 AM
Administrative Services
Risk Management
Approved By
Jeffrey A. Walker, CPCU, ARM Risk Management Director
Date
Administrative Services Risk Management
2/17/2005 9:30 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
2/24/2005 12:61 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
2/26/200611:62 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
2/28/2005 12:54 PM
Approved By
Leo E. Ochs. Jr.
Board of County
Coml11ìssioners
Deputy County Manager
Date
County Manager's Office
2/28/20051:42 PM
Agenda Item No. 1 E2
March 8, 05
Page 4 16
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
Resolution 2004-15
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of January, 2004.
ofLMÚV
~,
o
..~ ~
.'~ "~'j . ~~
Linda HOUbzé.~~;;". . <,:::'
,I<'r' . ~\-
Deputy ClerlC,,'¡~a' "
By:
DATE RECEIVED
JAN 2 0 2004
RISK MANAGEMENT
Agenda Item NO.1 E2
March 8, 05
Page 5 16
RESOLUTION NO. 04-~
RESOLUTION GRANTING LIMITED AUTHORITY TO THE RISK MANAGEMENT
DIRECTOR TO SETTLE CERTAIN DAMAGES CLAIMS AGAINST COLLIER
COUNTY AND TO AUTHORIZE THE PAYMENT OF INVESTIGATION AND
ADJUSTMENT EXPENSES AS PRESENTED TO THE COUNTY'S RISK
MANAGEMENT PROGRAM.
WHEREAS, Collier County Government, through the Risk Management
Department, operates a risk management program as permitted pursuant to Florida
Statutes 768.28 for the purpose of financing, preventing and controlling various types
of losses and the claims resulting from same; and
WHEREAS, the management of these losses and resultant claims may involve
the coordination of Workers' Compensation, Property, Liability, Automobile, Aviation
and other lines of insurance and/or self-insurance programs; and
WHEREAS, the Board of Commissioners approves annually in public session the
retention of various portions of these losses in the form of self-insured retentions, large
deductibles or maintenance deductibles, by whatever name called, all of which involve
the expenditure of public funds; and
WHEREAS, the Board has approved the creation of various Self-insurance Funds
as part of its budgeting process; and
WHEREAS, the Risk Management Director is responsible for the day-to-day
management of these Funds; and
WHEREAS, it is the Board's intention to delegate to the Risk Management
Director the authority to settle claims matters in order to promote the efficient use of
resources; to promote the efficient administration of the program; and to allow for a
timely response to claimants and/or their representatives; and
WHEREAS, the Board finds that the limited delegation of settlement authority to
the Risk Management Director serves a valid public purpose;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Risk Management Director, or his designee, shall have the authority to
investigate and settle claims made against the County and presented to the Risk
Management Program as follows:
Definitions:
Action (Cause of Action) - An Action shall mean a written complaint filed in a court
of law of Florida, any other state, or the United States.
Adjuster - An individual representing the County, an insurance carrier and/or the
insured and acting on their behalf to determine the applicability of coverage; the
amount of a loss; and the liability of the County.
Claim- A demand for benefits as a result of damages made by a Claimant and/or
their representative and as may be provided by a policy of insurance or self-
insurance program. A Claim may include a written notice of demand and intent
to sue as defined by Florida Statutes 768.28 and as required precedent to the
filing of any Action.
Damages- The amount required to pay for a loss.
Deposition- A sworn statement of a witness or other party in a judicial proceeding.
Agenda Item No. E2
March 8, 05
Page 6 16
Excess (Insurance) Carrier (Policy)- An insurance carrier, either on an admitted
or non-admitted basis, who underwrites coverage on the basis of an excess of a
self-insured retention.
Employer's Liability- Coverage against common law liability of an employer for
accidents to employees, as distinguished from liability imposed by a Workers'
Compensation law.
First Party- The Collier County Board of Commissioners, its Divisions,
Departments, employees, Boards, Authorities and all other parties who derive
their authority to operate from the Board of Commissioners. First Party shall
also include participating Constitutional Agencies and their operations.
Loss Adjustment Expenses - Expenses incurred to investigate and settle losses.
Mediation- An informal means of trying to promote settlement of a dispute. It
involves a third-party mediator who meets the parties to the dispute arid tries to
get them to agree on a settlement.
Plaintiff - The term "Plaintiff" as used herein may refer to a party who has asserted
a Claim, also sometimes referred to as a "Claimant".
Policy - The written contract effecting insurance, or the certificate thereof, by
whatever name called, and including all clause, riders, endorsements, and
papers attached thereto and made a part thereof.
Property Loss- Loss to the insured's property by reason of a covered peril.
Purchasing Policy- The Collier County Purchasing Policy as approved by the
Board of Commissioners.
Risk Management (Program) - The management of the pure risks to which a
company might be subject. It involves analyzing all exposures to the possibility
of loss and determining how to handle these exposures through such practices
as avoiding the risk, retaining the risk, reducing the risk, or transferring the risk,
usually by insurance.
Self-insured Retention- That portion of damages and loss adjustment expenses
related to an occurrence which are paid by the insured under an excess
insurance policy.
Settle/Settlement- Agreement to dispose of a Claim between an alleged injured
party and an alleged party at fault, typically to include the payment of
consideration, and including the execution of any associated settlement
agreements.
Subrogation - The right to recover from a third party the amount paid under an
insurance policy or retained loss.
Errors and Omissions- Coverage for liability resulting from errors or omissions in
the performance of professional duties and includes the acts of public officials.
Workers' Compensation (Act)- Chapter 440 of the Florida Statutes which
establishes the Florida Workers' Compensation Act and includes a system of
wage replacement benefits for and medical treatment of compensable work-
related injuries and occupational diseases, as well as the Administrative
Procedures governing the administration of the Act.
Claims Against Collier County
1) Bodily Injury Liability Claims- The Risk Management Director shall have the
authority to settle Claims that do not exceed $50,000 inclusive of Plaintiff's
attorney's fees, damages and expenses but exclusive of Loss Adjustment
Expenses. Claims wherein a Cause of Action has been filed shall require
settlement approval by the Board of Commissioners.
2) Property Damage Liability Claims- The Risk Management Director shall have
the authority to settle Claims that do nol exceed $75,000 inclusive of Plaintiff's
attorney's fees, damages and expenses but exclusive of Loss Adjustment
Expenses. Claims wherein a Cause of Action has been filed shall require
settlement approval by the Board of Commissioners.
2
Agenda Item No. E2
March 8, 005
Page 7 16
3) Errors and Omissions, Professional, Public Officials Claims- The Risk
Management Director shall have the authority to settle Claims that do not exceed
$50,000 inclusive of attorney's fees, damages and expenses but exclusive of
Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed
shall require settlement approval by the Board of Commissioners.
All settlements shall be subject to the Loss Verification and Expense Procedures
contained herein.
PropertY Losses Including Automobile Phvslcal Damaae (First PartY)
The Risk Management Director shall have the authority to authorize the 'payment
of property Claims to County owned property pursuant to the terms of coverage
and subject to the Loss Verification and Expense Provisions contained herein.
Workers' Compensation Claims
1) Workers' Compensation (exclusive of Employer's Liability)- Due to the
administrative nature of Workers' Compensation Claims, the Risk
Management Director shall have the authority to settle Claims issues,
Including petition for benefits issues, medical, Indemnity, and impairment
benefit issues including medical and indemnity washouts pursuant to Florida
Statutes Chapter 440, subject to the final approval of the Judge of
Compensation Claims, if applicable.
2} Employer's Liabillty- The Risk Management Director shall have the authority to
settle Claims that do not exceed $50,000 inclusive of plaintiff's attorney's fees,
damages and expenses but exclusive of Loss Adjustment Expenses. Claims
wherein a formal Cause of Action has been filed shall require settlement
approval by the Board of Commissioners.
SubroQation
1) Bodily Injury and Property Damage Claims- The Risk Management Director
shall have the authority to pursue rights of subrogation on the County's behalf
for damages incurred by the County and may enter into agreement to settle
such Claims unless a Cause of Action is required to enforce the County's
subrogation rights. If a Cause of Action is required, approval by the Board of
Commissioners shall be required to bring such Action and the Board of
Commissioners must approve settlement.
2) Workers' Compensation Claims- The Risk Management Director shall have
the authority to pursue liens and/or rights of subrogation on the County's
behalf for expenses Incurred by the County which are caused by a third party.
The Risk Management Director may approve an agreement to settle such
liens or Claims unless a Cause of Action is required to enforce a matter. If a
Cause of Action is required, approval by the Board of Commissioners shall be
required to bring such Action and the Board of Commissioners must approve
settlement.
Loss Adlustment EXDenses
The Risk Management Director shall have the authority to authorize the payment
of Loss Adjustment Expenses necessary to investigate and settle Claims brought
against the County. Such expenses shall include but not be limited to the cost to
retain experts, pay records expenses, pay filing fees and costs, pay the costs of
3
----.-. -..--------.- -,-_.-~.-
Agenda Item No. 1 E2
March 8, 05
Page 8 16
depositions, procure private investigation services, perform records reviews and
searches, procure bill review services, procure appraisals, and procure other
expenses necessary to investigate, authenticate, or evaluate a Claim made
against the County. The Board of Commissioners waives the Collier County
Purchasing Policy as to these expenditures but such shall be subject to the Loss
Verification and Expense Provisions contained herein. Loss Adjustment
Expenses shall not include the hiring or retaining of outside counsel to represent
the Board or individual employees named in a Cause of Action. The hiring of
outside counsel shall be subject to the approval of the Office of the County
Attorney and the Board of Commissioners.
Loss Verification and Expense Provisions
The Risk Management Director shall document each Claim file with the following
documents and records to support the settlement of Claims and/or the finding of
negligence on the part of the Board of Commissioners to support the settlement
of claims as permitted pursuant to this Resolution.
1) The completion of a Claim Form.
2) The completion of an investigation form including witness statements,
collection of evidence, pictures, diagrams, etc.
3) The collection of necessary documentation to approximate the value of the
loss.
4) A written recommendation by the Risk Management staff member or the
contracted Adjuster performing the investigation as to the issue of liability,
Claim valuation, economy and efficiency, and or other reasons for the
recommendation to settle within recommended amounts.
5) A written recommendation by legal counsel, in the case of proposed
iiability claims settlements in excess of $25,000.00, outlining the
parameters for settlement.
6) A Closed File report will be presented to the Board on a quarterly basis as
a Consent Agenda item to apprise the Board of settlements approved
during the preceding quarter.
The approval of Loss Adjustment Expenses shall be subject to the following
provisions:
1) The Risk Management Director may approve the purchase of specialty
services procured from vendors utilized by the Adjusting Company for their
clients and when performed on the County's behalf to evaluate a Claim.
The Adjusting Company shall disclose the estimated cost to provide the
service prior to approval. The Risk Management Director may evaluate the
cost/benefit of using same when evaluating the decision to settle a Claim.
2) If a service, document or thing is available from a single source, the
payment of fees shall be permitted if such service, document or thing is
necessary to authenticate the Claim. The Risk Management Director may
evaluate the cost/benefit of this expenditure when evaluating the decision
to settle a Claim.
3) The Risk Management Director may approve Loss Adjustment Expenses
when the expertise or availability in a given area of expertise or service is
determined by the Adjuster and the Risk Management Director to be
narrow or limited or the availability of such service is limited due to
geography and such expense is determined to be necessary to
authenticate and evaluate the Claim. The Risk Management Director may
evaluate the cost/benefit of this expenditure when evaluating the decision
to settle a Claim.
4
--~--,---
Agenda Item No.1 E2
March 8, 05
Page 9 16
4) If the County has exceeded its Self-insured Retention or has exceeded the
notification requirements for an Excess Carrier as to the Self-insured
Retention for a given Claim, the Risk Management Director, through the
Adjusting Company shall coordinate the approval of expenditures with the
Excess Carrier so as not to jeopardize the repayment of Reinsurance
Funds.
5) The purchase of outside legal counsel services shall require the approval
of the Office of the County Attorney and the Board of Commissioners.
Settlement Documents
The Risk Management Director, through the County's adjusting company and the
Office of the County Attorney, shall prepare settlement and release documents for use
in the settlement of non-litigated matters. Such documents shall be executed by the
Risk Management Director upon settlement of the Claim in question, pursuant to the
provisions of this Resolution. A copy of the standard form settlement document in
blank is attached as Exhibit 1 and is approved as part of this Resolution.
Deleaation of Authorltv
The Risk Management Director may, at hislher discretion, delegate this authority in
part or in full on a temporary basis to a member of his/her staff or on a temporary,
limited basis to the County's contracted adjusting company in the event of availability,
schedule conflict, or other conflict. Such delegation may include attendance at
mediation, arbitration, and/or trial. However, all settlement and release documents
must be executed by the Risk Management Director.
This Resolution adopted after motion, second and majority vote, favoring same.
DATE: J-13-
, 2004
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By' ~ j¿
'-1 3-D "I ,CHAIRMAN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: ~µjlvt<4
Michael W. Pettit
Chief Assistant County Attorney
5
-~~~
301028 AIvafez, AnaIs
3OIJ046 Alvarez, Mlgu.1 A
300969 Betancourt. Christy A
29n86 Boger, Kimberly A
301030 Broio, VMan A
298994- CerEllo, Anthony
298081 Chao, Ramon E
298078 ChHoni6. Louise C
301132 Coletta, James N
300948 CoIn, John J
290436 Colon, Uta M
301031 Corona, Jœe
292962 Cra~, Kem.th C
300629 Cnillg, Kenneth C
300965 Craig, tWnneth C
29&t48 Crtap, Margarlbl A
301023 Cruz, Ang .
291753 Day, Keith R
300961 DelToro, Gibert
300953 Dennie. Shannon G
300941 Diaz, Angel L
298638 Diaz. Daniel B
300048 Dodd, Chnstoptw S
291600 Drury, Jr., Arthur J
300952 Dunfee. June M
298293 ERa. N¡chota& J
157056 Fraguetl. Noeml F
299157 Garl\eId, Esther R
291700 Garrett. Sandra
299551 Gillett. Jr., John R
300049 Gutlenu, Leunam A
300950 Harris, Zebedee
299861 Hemandez, Abraham
296722 Herrera, Artuto
Agenda Item No. 16E2
Maretl 8. 2005
Page 10 of 16
Workers' Compensation Claims Closed in the 1st Quarter FY05 . October 1, 2004 through December 31, 2004
I ,. '. ' .
":' :";:'::··:'V'·~:"~:"')'-:'·:·:::~?··''':;:.~
~,LíH;wi.t:p¡¡,
>~.~~...n..
12/13104 REPORT Public Services
11119104 REPORT Transportation
12110104 REPORT Public Se~
10I08I04 REPORT AdmInistrative SeMces
12/13J04. REPORT Cleric: of Court
11/10104 MEDICAL DeveJopment Services
10112J04 REPORT Bureau of Emergency Services
10119J04. MEDICAL County Attorney
12/15J04 REPORT Board of County Commissioners
11110/04 REPORT Administrative Services
11(05/04 INDEMNITY Administrative SeMc:e5
12113104 REPORT PubUc UUlfties
12117104 INDEMN!TY PublIc Utlltl.,
12106J04. REPORT Public UtIlltI8$
12110104 REPORT Public Utilities
12JD1104 MEDICAL Dewtopment ServIces
12/13104 REPORT Public Services
11ffi21Q4 MEDICAL Publíc UtUru_
12110104 REPORT SupetvisorofEJections
12/10104 REPORT Trensportaöon
12110/04 REPORT PubMc UtDltIlI9
11102/04. MEDICAL Pubic S&lVi0e6
11119104 REPORT PubUc UUlltiøs
12l29104 INDEMNITY Transportation
12110104 REPORT Public Services
10125104 MEDICAL Public ServIceIs
10n9!04 INDEMNITY Bureau of Emergency Services
11105104 MEDICAL Public Services
, 2.102JO( MEDICAL Development Services
12f20J04 MEDICAL PublIC Utilities
'1119104 REPORT P1.IbUc UUltiea
12110104 REPORT Public SøMce&
12101104 MEDICAL County Manager
1Q.112104 MEDICAL Public Servtces
~~CenIer .
156341 RECREATION PROG
16382f TRANSP MAlNT R&B
156341 RECREATION PROG
122255 COUNTY SECURITY
041010 CLERK OF COURT
138915 BlOG R&P INSPECTION
144810 EMS
100510 CO ATTORNEY STAFF
100010 BCC
121811 HR TEMP EMPl POOl
121811 HR TEMP EMPl POOl
253212 DISTRIBUTION
253212 DlSTRIBVTION
253212 DISTRIBVTION
253212 DISTRIBUTION
138911 CODE ENFORCE ADMIN
156363 BEACH & WATER PK OP
253211 WATER TREAT 951 PLAN
107010 BCe FOR SOE
163621 TRANSP MAINT ADMIN
233361 COLLECTION
156332 PARKS & OTHER PROP
253212 DISTRIBUTION
163620 TRANSP MAINT R&B
155410 DOMESTIC ANIMAL SERV
155410 DOMESTlCANIMALSERV
144610 EMS
156100 LIBRARY ADMIN
138910 COMOEVCASHMGMNT
253211 WATER TREAT 951 PLAN
253221 WATER TREAT VANOERB
156363 BEACH &. WATER P'K OP
182901 ROW BEAUT FJELD
156334 PARKS!adSTD
Ib-crlp1fon~fAccldllnt
Employee f8It pain while lifting a chair.
En1pIo)'H wore detective work boots thIC rubbed against t\Is foot.
Employee was. struck by aerobic steps that fell ~er lIS she was storing them.
EmpIcyeø lipped Bnd fell a. 8h8 stepped 0Y9f Ii aJrb.
~)'88lr1pped over a chair leg and feiI whil& walkins;¡.
EmpkrfIH Injured hit ,mete .s he exited . trench.
Employee felt pøln after œnying 8 patient.
A bOOkcaðe ømplo)'88 was IT'ICNJrg slipped, and cøugtt her finger.
Empk>yee sipped end fell while walking on siáew;1lk.
Empioyes had a foreign body enter his hand while moving material!¡.
Employøa pUled: a muscle in her back whle opentng iii gørøge door.
Employøe deveioped a rash while doing 18V'tn maintenance.
Empk)yee CBught his thumb between the tool and 8 coflC'8te ballard.
Emp6cyøe felt pøln In his bad( ener io8di~ parts Into lit truck.
Employee was bitten by bugs whle BXBmlning 8 watØf main br9Øk.
Ground on which the emplD'f8e was ltandlng gave way, pinning leg under 8 rock.
Employee fell pain after fltbng a cooIec and twflting.
EmploYM sHppedltrtpped on .tan
VOting booth f8l1 agaInSt empk)yee ~I& n: was being moved.
Employee fen: pain WhIle reaching for þaperI behInd her.
Emplo~ hIId 8 I"oreign body enter hI, eye while opening a manhole cover.
Employea devetoped a rash after U$Îng iii baclq)BCk sprayer.
Empk>yee felt petn In ftloow while wortI:lng
Empklyeø felt pøin in hlaltFft ørmI'ahcuklerwhile operating a Ioed....
Emp\oy8e was kicked 'oNhlie try1ng to catch an emu.
Employee came in contact with II parasite whikt wortdng around animals.
Empjoyee strained back Irting stretcher out of ambulance.
Emp40yes's finger was caught between two book cørts
Emptoyee walked into B pipe that was !It/d(ìng out of the rear of a truck.
lime trtllll8d open cuts employee incurred whlie cI8ElnIng lime Blaker.
Ernpk))'M 'MIS struck In the .lboN by 8 ~ of pvc pipe.
Employes WØ8 struck on the elbow 85 he apønød a tool bot. on County 'lBhicle
Employee was 8lrUck in the nose whUe unloading pinestrøw from a traUer.
EmplOyoee's foot slipped as he attempted 10 climb on the rear of a truck.
463.65
371.41
15.665.28
6,238
482.34
1,soo.52
841.28
17,151.09
369.99
11,687.15
241.<46
1,395.38
587.78
22.so
312.04
Agencla Item No. 16E2
March 8. 2005
Page 11 of 16
300047 Høtzøl, l8V8h 5 11/19J04 REPORT County Menager 100130 COMMUNICATIONS &CR Employee was knooked dew".,d ål1ilgged by 8 dog at DomelJtlc Animal ServiOBB.
292961 HIItoo. Peggy S 10129104 MEDiCAl Pu bUc Serv1cea 158315 JOB BANK Employee 'lIpped B"ha deIo8nded from pili:;, equipment. 1.911.50
300630 Hlnldøy Jr, Peter S 12J08I04 MEDiCAl Public Servlcel 155410 DOMESTIC ANIMAL SERV Employee was blten and eCf'lllched by. cat
301035 Hoffman, MIch_ 1 12113104 REPORT Transpol18t1on 163621 TRANSP MAINT ADMIN Employee felt pain after shoveUng aph8lt.
3OO987 Hogen. Shawn J 12110104 REPORT PubKc Utilities 178970 SMALL DUlIN HAZ GEN Employø wal bitten by 8n Inlece whtla working.
301034 Hog.,. Shawn J 12113104 REPORT Public UtIßti_ 178970 SMALL QUAN HAl GEN Employee felt pain while moving Þaffic 00f\86.
298839 Hunter II,PaulE 10128104 MEDICAL Administrative Servlcea 122410 FLEET MGMT ADMIN Emplcryee dropped ø tire on hie fool 357.36
301027 .lenlen, AllIn 12113104 REPORT Clerk of Court 311920 RECORDS MANAGEMENT Employø felt patn whihlltftlng boxel of paper.
299635 Jones, Randall L 1,f15J04 MEDICAL AdmlnletralÍ\l8 Services 121710 PURCHASING ADMIN Employee'. finger WBB caught un:lemeøth s copy machine. 295.06
155762 Katzenberger, John A 11105104 INDEMNITY Bureau of Emergency SeMC8S 1_10 EMS Employ.. waslnjlM'ed attendIng iii pitlent in bad: aflmbulance, unit was Itruçk In ntIIr. 71 ,93U~
300213 Keller, Charles L 11/24104 MEDiCAl PublIC UtUItIN 233351 COLLECTION Employee was checking a 11ft lItatIon and came In contact wlh poiIon Ivy.
295043 KlnBS2czuk, Kenneth 11130104 INDEMNITY Transportation 183620 TRANSP MAINT R&B ,. employee walked around the front of his vehicle, he stepped in a hole end fell. 1,033.22
300631 King, PaàÏda L 12/06104 REPORT Oerk of Court 311213 FELONY EmptO)/H ltltas that wh/.18 working .t her desk, she we, bitten by an unknown 'Meet.
292911 Kntynus, MargBl"8t J 10/19104 MEDICAL Tranllportation 163615 TRANS ENGlCONST OP Emplayøe trippeó over- a box and hili while walking from the çopy machine to her d86k. 2,590.53
300955 Layman, Donald J 12/1Q/04 REPORT Pubic Services 156332 PARKS & OTHER PROP Employ" $lipped .s he wu pitting Into a County truck.
298080 Long Jr, Donald W 1 0/12J04 REPORT Tranaporta1lon 163620 TRANSP MAINT R&B Employee slipped end 111 white pulUng equipment out of a hole,
297934 Lopez, AtfnJdo D 10108104 REPORT Public utiUtiBB 253212 DISTRIBUTION Employee kneeled on a thOfn while cløaning a metør box.
298721 Lopez, AIhdo D 10128104 MEDiCAl Pub~c utlvti.. 253212 DISTRIBUTION Employøø struck himself In the hied wtth . che8ter bar. 394.63
300288 Low, Bnmo 11124104 REPORT Bul'1t8u of Emergency ServIce& 144610 EMS Employøe felt pain in his left wrt.t while lifting a patient.
275570 Marple, Nathan W 10112}04 INDEMNITY Trensportstlon 183620 TRANSP MAINT R&B Emp~yee felt pain In lower bBOIC while breøklng up concrete. 107,291 .85
301024 Martindale, Anita J 12/13104 REPORT Pubic Servic»& 155410 OOMESTIC ANIMAL SERV Employee felt pain In her erm while lilting ø dog.
299673 Matthews, Mart: A 11/18J04 MEDICAL Bureau of Emergency Services 144610 EMS Employøø 8tapped into a hole and injured his anlde 88 he 8Jdtød the Yehicle. 118..45
300957 McClammø, Joseph A 12110104 REPORT PubUc Uttlti.. 233313 WWTP PELICAN BAY Employee struck his leg on. pipe btlilng uaed 8' a door Rap,
299552 McDonald, Jane M 11109104 REPORT OIrk or Court 311712 DATA PROCESSING ADMIN EmplOyee mlll8d a step coming out of Court Plaza III and fall on ankle.
299937 MItchell, laura L 1113Q/04 MEDICAL Bul'8Bu of Emergency S&Nioes 144610 EMS Employee expœed 10 patient thøI hIIó inglllited gasoline Bnd organophollphBtø.
298637 MItchell, Steven R 10128104 MEDICAL Trensportstion 163826 AQUATIC PLANT CONTROL Employn had iI fD1eign body Inter hla 8ye.
300982 Morad, Edward C 12110104 REPORT Development ServIces 138911 CODE ENFORCE ADMIN Employøø stepped in a heø while walking
296481 Morin,Matt 10113104 MEDICAL Pl.lbUc \JtIllU88 210130 STAKE & LOCATE Employee', company vehicle w8SliIbuck from the røør by enDthervehlcle. 158.70
297960 Napolitano. JOIOph M 10107104 REPORT Public utIIlUøI 233351 COLLECTION Employee wøa IpnryBd tn the ev- by...r water.
292910 N8Yin8, Hany H 11130104 INDEMNITY Development Services 138915 SLOG R&P INSPECTION Employee was stepping over a ditch, when he rell. 6,979.41
300958 Nieto. Manuel 12110104 REPORT Tranlpofta.tIon 182602 WATER MGMT FLD OP EmployH came In contact with polson tv)' wtil8 nlmovlng vegetaUon.
301033 Odell, Ja80fl P 12113104 REPORT Public Services 158363 BEACH & WATER PK QP Employee was struck by a lOCket while Changing e mower blede.
283723 OutlIBtte, Valerie 12123104 MEDICAL Bureau of Emørgençy SørvIœs 144610 EMS Employee was stuck by a need. whle Bttendlng . petlent 490.46
297321 PhUogenø, Victor E 1112Il104 MEDICAL Tran,pol1ation 163ô30 TRAFFIC OPERATIONS Employee W88 Ioeding genertllOrl on truck when he felt pinch in hi, left 8houlder ....s. 2.354.39
155901 Røff8rty, Ksvin J 12129104 INDEMNiTY Pubüc Services 156363 BEACH & WATER PK OF Pipe broke splashing waltllW8t8ron employee" face and eYI!II!I. 7.385.38
300966 Ragone, Down F 12110104 REPORT Administrative Services 121810 HR ADMIN Employøø Þ1pped on a branch.
300958 Ragone, Paul J 12110104 REPORT PubHc Utilities 233351 COLLECTION Empioyee WIll øUuck by II door opened by a co-woñ:er.
299332 Ramirez Nunez, Jusn 11109104 MEDICAL County Manager 182901 ROW BEAUT FIELD Employee was struck in the head by an amply tank he WB8l'9moving from a truck 843.17
300433 RhoI'B, JeMlfer L 12101104 REPORT Public Utllltll6 178975 WATER POllUTION Employee WI' axpotBd 10 styrene monomer rumes lilt iii oonltJ'uctlon lite.
Agenda Item No. 16E2
March 8. 2005
Page 12 of 16
300949 Ried, M8I1I.A 12110/04 REPORT Publk: Utilities 253212 OISTRIBLJTION Employøø fQtt a pop in the rib 8/'98 wtlllø bntaklng apart a metar.
301202 Ried. Mark A 12/22/04 MEDICAL PubUc Utlllti. 253212 DISTRIBLJTION Employee had a piece of steel wire puncture hl:i ,hoe whle walking.
300951 RobichaUd, Charles A 12110/04 REPORT PubllcUtll/ti_ 233351 COllECTION Employee struck his bile« against his County truck.
301031 Rœan,PatrlcleIIA. 12/13104 REPORT Public ServIces 156341 RECREATION PROG Employee was struc:K by e truck door that blew shut.
298292 Ruiz Jr, t.mael 10115104 REPORT Public UtlBtiøs 253212 DISTRlBlfTlON Employee who wo1I:s in _ whit,.. ttX;Iosød to Ins8Cbi, was bitten.
300963 Sackett. Earl F 12/10104- REPORT TransportatiOn 163620 TRANSP MAINT R&8 Employee experienced bacll: pain while loading traffic CDn98 onto a b'uck.
301026 $lu::kd. Earl F 12/13104 REPORT Tran8ponstion 163620 TRANSP MAINT RAe Employø fell whlh¡, stepping down bac:kwardt from a truck cab.
300968 Salntil,Flaril 12/10104 REPORT County MlMger 182901 ROW BEAUT FIELD Emp!oyee tw11t8d his 8nlOl While walking on soft s.oll.
301029 Saintl, Flarll 12/13104 REPORT County Mør\ØQ8r 182901 ROW BEAUT FIELD Employøø was mi:r:ng a lubricant when liquid sprayed in his eye.
298079 Sellne, Plldro M 10112/04 REPORT Public SeMc:e8 156332 PARKS & OìHER PROP Employee was stung by ø bee whlkt .praylng vegetation.
300960 SaMone, Brian P 12/10104 REPORT PubUc Utlliti_ 210130 STAKE & LOCATE Employee felt pafn in hiS back whYs digging.
290564 Santos, Zenon C 12/'.29104 INDEMNITY Public ServIces 156363 BEACH & WATER PK OP Employeø fell while responding to an incoming paddle boat 2.583.28
301038 Santos, Zenon C 12113/04 REPORT Public. ServIceI 156363 BEACH & WATER PK OP Employee tr1pped oysr hìs own fHt, end rell.
299655 SUva, Patricia M 1111Q/04 REPORT Public UUitiB6 210152 UTlTtllES ASSESSMENT Employøe slipped and fell on a &lone tyil'19 0I't a County walkway.
298449 Smith, MargaretA 11/15/04 MEDICAL Supervlaor of Elections 107010 BCC FOR SOE Volunteer fell over a p8fitlng stop In a County pal1ci1g lot. 931.74
291604- Snyder, Marte A 11130/04 INDEMNITY Admlnl5tra1iYe Services 122240 MAINT SERVICES Employee fen pain in his right knee 'llllhen he stapped Into 1'11.8 work van. 11,622.32
298790 SoBinski, David J 10127104 MEDtCAL Public UtlltiQ8 233351 COLLECTION Employ&8 rsachad behind the I8ØI: of ø company vehicle and fel pain in his shoulder 432.11
279850 strø czuk, Pedro 12/29104 INDEMNITY Trllnspol1stlon 163620 TRANSP MAINT R&B WNIø Ievelin9 nlJW cemen1 with 2 x 4, employee I'9It pain In his lower back. 3,521.'
3D0946 Stringham, Gary D 12/10/04 REPORT Transportation 163628 AQUATIC PlANT CONTROL Employee felt pain in fool while f1!Imoving brush
297513 SUilor, Douglas G 10105104 MED!CAL Development SaNtees 178980 NATURAL RESOURCES Employee stepped on a Mil while walking In vegetation. 120.95
298077 Sut~van, Bernard F 1 0/12104 REPORT Pubic UtIItiu 178975 WATER POLLUTION The pnumat~ chair the amployee was sitting on droppBd unlilXpøc:tedly.
300954 Summar&, Nancy C 12/10/04 REPORT Transportation 163620 TRANSP MAl NT R&B Employee had metal splinters enter har fingBf1J whlla setting up mowing signs.
301032 Thorsen, VII.rie 12113/04 REPORT Pubic UtDes 210151 UTILITIES BilliNG Employee felt pain while P j1ing her rnedk;al bag from the back seat rA a yehlcle.
301082 Valdez, Joaqllin 12114/04 REPORT Transportation 163620 TRANSP MAlNT R&B A piece of guardraU dropped on tha employee'. toot.
290279 Vamar, Lisa 12/29104 INDEMNI1Y Public Services 156363 BEACH & WATER PK OP Employee was sb\Jck by a pole that was being loaded inlo 8 dumpster 20,672.B7
301025 Vasquez, Nancy M 12/13104 REPORT Clerk of Court 311910 RECORDING Employee tripped ovar a brlefca.. and felL
301036 Walsh, Thomas J 12113104 REPORT Pubic Services 156363 BEACH & WATER PK OP Employee steppød in a hc»ewhile woril;ing.
300434 Watkins. Rhcnda. J 12101 fQ4 REPORT Pubic utilities 178975 WATER POLlUTION Employee was exposed to styrene monomer tomas et a construction site.
298127 Weeks, Eva M 11/C2I04 MEDICAL Bureau of Emerge no¡ SBlViœs 144610 EMS Employ&8 felt pain lifter ifting a patient 1,587.53
301081 Weidow, Kelly 12/14/G4. REPORT Pubic Servicell 158315 JOB BANK EmpJoy&8 fen while slepping down from a adllxX bus.
300959 Wilcox. Daniel G 12/10/04 REPORT Adminlltrative Services 122240 MAJNT SERVICES Employee waiked Into a paJlet of materIBli he had prøvioualy positioned.
300964 Wyatt, James H 12110104 REPORT Pubic utlllles 253211 WATER TREAT 951 PLAN Employee stepped Into a Mia whUe walking.
300634 Zakany, Margaf1!lt A 121081U4 MEDICAL Pubic Servlcel 155410 DOMESTIC ANIMALSERV Employee was bitten 8f1d scratched by 8 cat
290974 Zøitler, Kurt D 10126104 INDEMNITY Pubic ServIoeI 155410 DOMESTIC ANIMAL SERV Employae was O'ushød between a cow's head and a fence. 5.226.70
Claims 107 Total Palcl 307 .965.53
Agenda Item No. 16E2
March 8. 2005
Page 13 of 16
Property and Liability Claims Closed In the 1st Quarter FY05· October 1,2004 through December 31, 2004
30124õ Bogobowicz. Thoma, 121161200. AlJfO PHYS PubKc Utilltlea 210130 STAKE & LOCATE Service vehldu pulled iria path of c;ounty Vllhtclø. hitting vehicle head on. 5,533.15
289018 Collier County 1011912004 AUTO PHYS PuDllc UtØItIel 233352 WWTI' SOlffi1 COUNTY PIefced fu. t&nk on manhoJe cover.
295996 Collier County 11/112004 AUTO PHYS Bureøu d Emergency ServIœ$ 144610 EMS Gate damaged by .mulance when r:øN drove through. _.00
3013g,¡ Collier County 12111J200. AUTO PHYS Adminlatrøüws Sørvicø8 122410 FLEET MGMT ADMIN Foot slipped off 1:K'8ka onto ecceIenItor 8b'ftmg another vehicle.
300481 Collier County 12/112004 AUTO PHYS AdmlnistrøUve Services 12224D MAINT SERVICES Struck a pole when making a right hand tum. 2.1103.07
297547 Com... County 101112004 AlJfO LIAS TrenspoltaUon 183820 TRANSP MAlNT R & B Vehk:Je owned by Debco Pools pulled out In front of c:oU"lty whlde_ 2,403.78
298284 Collier Coun1y 101151200' AUTO LIAS CountyMa_ 100130 PUBLIC INFORMATION COff88 W811ipilled on AMX oontrol penel in boIrd 100m. 5.182.30
298367 CoUler Coll'1(y 1011512004 AUTO LIAB Administrative SefVtœl 122410 FLEET MGMT ADMIN Employee backed vehicle Inti) county EZ..Qo Golf cørt. 410.00
298057 ColMer County 10/1112004 AUTO PHYS Trønaportatlon 183820 TRANSP MAINT R & 8 88c1r hoe damaged left fønder. hood & bumper of ANet 020031. 3,420.23
285434 CoiNer County 111312004 AUTO PHYS Pub&lcUtiIltlee 210155 UTILITIES ENGINEERING County vøhtcle reør ended cIalmlilnt whJcIe.
30089< CoIU... Counly 121912004 AUTO PHYS AdministratIVe Services 122240 MAINT SERVICES County vehicle rear end&(! by thtrd party øI trøf'IIc light
299111 CoIN.- Count¡ 11/11/2004 AUTO PHYS Bureøu r:i Emergency SeMcH 144610 EMS Ambu'-nce hll cement column 81 NOH. 820..'
299141 Comer CoUl1ty 11/212004 AUTO PHYS County M8NIIJ'" 100130 PUBLIC INFORMATION Employee engeged 1'WØf'I818V81' on SobOlt ~ damaged 2003 Ford PickuÞ· 2.967.10
300482 ColUer Counly 1211f2004 AUTO PHY$ Buruu of Emergenc;y Servll;:ea 144610 EMS Vehicle damaged when badæd Into tree.
299099 Collier County 111312004 AUTO PHYS Admln!stratl..... Servlceø 163620 TRANS MAtNT R & B Employee Haret'8 re41d8d Y8h1C19 driven by Retne Sanchez. 8.088.11
300233 Colli... County 11 /2312004 AUTO LIAS PlIbfk: Services 158332 PARKS & OTHER PROP Struck parked trailer caua!ng áem.øge to tight rear1ender.
299232 Colli. Counl'i 11/4/2004 AUTO PHYS PUblic Servlce¡ 155410 DOMEST IC ANIMAL SERVICES 0ebrI& from p..lng dump truck hit w\ndt.hleld causing C18dc.. 328.00
299287 Collier Count¡ 11 (812004 PROPERTY Public $ervicu 156363 BEACH & WATER PK OPS Hurrk::ane Iven damage to Clam P8S& Ramp.nd ..... 12.150.00
299593 CoWer Count)' 11t9t2004 PROPERTY Public $ervlcee 158110 LIBRARY ADMIN Waste Management rec:ydlng trucl< backed Into kladlng dock at Þbra'Y. 6,445.00
299285 Com., Count)' 11/412004 AUTO PHYS Tl'Wlnaportatlon 183630 TRAFFIC OPERATIONS Opened door of truck 00 ,Ide of road .. dump truck puHd ~ hitting door. 1.333.12
299288 Com... County " 14/2004 AUTO PHYS T TBf1Iportation 183820 TRANSP Ml\JNT R & B Backlr.g outofglil~, httwølland dømeged &Ide d~.
300742 Collier County 12/T12004 AUTO PHYS AdminÌltrative Servioee 121143 rrøNETWORK Making ltlft hand tum & hit gBt9. 828.38
298957 CoIUer County 1012812004 AUTO PHYS Development ServlCBI 138915 BlDG RP INSPECTION AI&et 20000031 was þØrked In DIvosta PUD and ItUcJI: twiœ by forklift. 3.329-59
299716 CoIHør County 11/11.12004 AUTO PHYS County Merwg", 182901 ROW BEAUT FIELD Failed to put vøhk» in park with engine running and hit oonawte lank. 3.317.18
298571 Collier County 10l2OI2004 AUTO PHYS Development Service, 138911 CODE ENFORCE ADMIN Unknown danwge OCQJrred wM. peI1ted kI parking gørage. 804.53
298828 CoHiør Count¡ 10121/2004 AUTO PHYS Development ServIcM 138915 BLDO RP INSPECTION Vehicle fBl/lnta a link heX. at the edge of the road III: 15 Satirw8 Dr. 1.22..85
298570 Comer County 10l2OI200' AUTO PHYS Bureau d Emergency s.Mce6 144610 EMS Ambulance coUlded wlh WIn drIv.... bV 8artt8~ Blanc. 4,527.01
300894 Collier County 12JB/2004 PROPERTY Admlniatnltlw Services 122240 W\lNT SERVICES Hurricane Ch8rley reper cIIiIIlmSI. 18.09<.08
300558 Co\iì.r Caunty 12J2/2004 AUTO PHYS Public SØf\lioes 156363 BEACH & WATER PK OPS Unreported damage waf found when vehicle InvofY9d In. 2nd Inctdent. 219.70
298SS3 Collier Couny 10/281200' AUTO PHYS PuDllcUtttlt1el 26361' WASTEWATER CAP IMP Alaet 990025 was 8bJCk in the reer by van å1Yen by CftIzen. 4,021.52
295218 Collier Count¡ 10122/2004 GEN LIAB Bureau of Emergency ServIcH 144610 EMS Backed truQ¡: Into bay door caullng damagalD loNer pøMla 01 door. 5,3119.00
294465 Callier County 11/4.12004 PROPERTY Public Servics6 233361 COlLECTION Bulk EKPftIu ømploye8 hit bUilding with 6hldgø hauler dump bed. 2,150.00
Agenda Item No. 16E2
March 8. 2005
Page 14 of 16
3007.:1 Collier County 12n12004 AlITO PHYS PlJblic ServiceS 157110 UNIVERSITY EXT Employee stopped fur e school bus and was røec ended by vehicle behind her. 669.21
297226 DeLosReyes, Vaneua 10/29/2004 AUTO PHYS TrBl1IportatIon 163620 TRANS MAINT R & B ClaImant .~I dilmagø to wheet dull to 111'98 pothole In road.
298966 DrozåoW8kI. Coeen 1012812004 AUTO PHYS Public $8IV!ces 156395 MAX HASSE PARK Rebar from parthg bumper pulled bumper off 2001 Dodge Stratus. 811.22
281348 Gl&ner, Brian 11I5l2OO4 GEN LIAB Bureøu d Emergency Servlçes 144610 EMS Celmer'll alleges he 'MIS InJurvd whle being rwtnmed by p.-amedlœ. 6.733.40
29521' Holland, Oint 12l1012004 GEN UA8 PubllcUtllftl8l 233351 COLLECTION Clal",.n. alleges NMlge beckup in reldenoe dUll to 11ft station outage.
294077 Infractur8I Myers. Mike 10'1812004 AUTO llAB AdminiBbatlve Servic8s 121152 IT ADMINISTRATION Dump truck IUòdded into 18ft lane and struck two vehlde&. 9,052.55
296628 Jacobs, Ene 111112004 AUTO LIAS TIiIRlportaUon 183620 TRANSP MAlNT R & B All8gn wneeUrIm damlllQll on Golden Gete Blvd.
297227 .....bel, Raymond 1012812004 AUTO PHYS Trantiport8tton 163621 TRANSP MAlNT ADMIN HtI: a manhole cov.r. Flat tire & bent rim 1,763.29
292832 Meditsrra 101612004 GEN UAB Publk::Ulilities 233351 COLLECTION ExtenBiYe II8W8g8 bøck up due to 11ft station tølemetry system failure. 28,613.89
301248 Miller. Troy 12120f.2004 AUTO PHVS AdmInla1rattva Servlcea 100130 PUBLIC INFORMATION Car door wa. œmaged by wind during Hun1cene Charley. 500.00
295211 Pasatari..Jeff 1212012004 GEN LIAS Public Utilities 233351 COllECTION C1aJmant alleges 88W8ge backup in re"denœ due to 11ft &tatlon outage.
290372 Price, Don 11/11'2004 GEN UAB Public SeNIœs 156363 BEACH & WATER PK OPS CleImønt was InjUf9d When board from dock came loose and hit him. 5,025.74
295593 Rosen, Karen 11/112004 GEN UAB Tra,..portBtlon 172910 STORMWATER MGMT Tt8Q from dalmant'a property fell Into the bay causing a drainage problem.
297720 Smith,Chris 1011812004 GEN lIAB PubllcUtllltiøs 233351 COLLECTION ManholB rovør hit gas tank end caught fire 1,889.66
267453 Torre. Dalelnys T 11/1912004 GEN LIAS Tranaportatlon 163620 TRANSP MAl NT R & B Couny vehicle l'88f'8nded cJBlmønrs vehlda. 5,000.00
299272 Whittier. Steve 11/41'2004 AlITO LIAS PUblIC S9I'Vices 156341 RECREATION PROG EmplOyee backed 01A of parking space and hit eJa!mant's vehicle.
Claims 48 Total Pa~ 152.461.15
Agenda Item No. 16E2
Marc!, 8. 2005
Page 15 of 16
Subrogation Claims Closed In the 1st Quarter FY05· October 1, 2004 through December 31,2004
SAI02I'" 2122/2002 c._ Immokaleø Road RepainJd Irrigation & Repløœd Tree $2.831.35 $2.831.35
SAI02I45 5/1612002 O. Eppetlhøimer Golden Gate Partway Repalr8Cllrrtgatlon & Replaced Trae $781.92 $181 .92
SAI03/B4 3/1512003 M._ C.R.82 Repalrwd Guardrøn $495.77 $100.00
SAI03I125 5/1/2003 S. Moore S.R 90 '" 8roward Street Repløc8d Signt & Poals $455.39 $455.38
SA/OoI/OS 1012412003 J. Olguin Immokal.. Road Sod Ctean--up $1.485.88 $1.485.00
SAl04I12 1212312003 F. Oliva ImmokøJee Road Dirt Oesn-up $557.85 $551.85
SAI04I40 41512004 C. McKnight 8th Strøøt.. N.E. & 18th Avenue N.E. RepalnId stop SIgn $ 134.55 $134.55
SAI04I,1 917 f2oo4 G,Coolce Pine Ridge & Uvlng&ttln RœdI R_nId Ught Polo $1.542.50 $1.54:1.50
SAI04I.03 211512004- J. EtpBru Starter Avenue Repl8c8d Roy¡¡1 Palm TI'M $4.731.34 $4.119.43
SAI04I55 5110/2004 SW.utlHÜ811 Airport '" VanderbiK RepaIred PoleI . Signals $61.928.11 $81.852.92
SAI04Ie1 5I6l2OO4 M. HlroIhimø Augusta Blvd. '" Palmetto Dun_ CIrd. Ropolnld SInHIt Sign $121.85 $121.85
SAJ04f7O 6/4/2004 G.GonzaIez Everglades BIYd., N. RepaIred Traffic Sign $16215 $182.15
SAJ<W15 611412004 E. Irvan C.R 31 & Golden Gat. Parkway Replaced Sabal ?111m Tree $461 .06 $461.06
SAIOOBO 1/2412004 S. Ayoub Livingston Road Repelr'ød Traffic Sign $100.05 $100.05
SAI04IB2 419/2004 J.Ramlrez CoOierBIvd, RepIacøt 2 5øbal Palm Trees $1.311.62 $1.311.02
SAIOO85 512012004 M. Rouao U.S.'1 N. Replaced 1 Royal Pam Trøe $3.216.09 $3,216.09
SAIOO86 1/1612004 J. Martinez C.R.951 & Flddlerv Cr&IIk RopIoCod 2 Roy¡¡1 Polm T.... $8.02:1.13 $5.231.50
SAJ04/87 1/2912004 C.Wiokef C.R. 951 & Golden Gate ParkWay Repeired I~tion & Plant. Materlela $787.4<) $187.40
SAI!IOi9O 9(112004 Daboo Poots PrognIU Awnue Repaired Vehicle $2.403.16 $2.403.16
SAJO.4I92 3I14120Q4 B. 6lmonøen COllier BNd. & "¡It Ave., S.W. RtIP8irød Street Ught 56.453.57 $6,453.57
SAJ04J95 111112004 M.TIIWOI'SkJ Llvlng:ston RoIId Ropolnld Stroot Ugh! $5.533.82 $5.533.92
SA/OoII9B 911912004 E. Lopez G.G. Blvd. & 29th Street. S.w. Ropo/nId SIr... Sign $77.05 $77.05
SAIOO99 912012004 T. Laurønc::o Immotcatee &Airport Roads Repand Pedestrian Pole $1.328.31 $1.328.37
SA/04I101 Br.!1/2004 K._ Goodlelt8 Rood & Pompei Lane ~1nId _Sign $81.15 $91.75
SÞJ'(WJ102 71"2012004 F.Ferraro knmokalee Road & Creekalde Replaced TRl8 $1.031.2' $901.95
S8IO<I/13 6/1812004 JCDralnfield Commercial Blvd. ClNned Sewer Lines $3.625.00 $3.625.00
SBI04/15 1n/2004 Tima Warner Qlble 249 Montory DrIwI SawrBack-\Jp $3.188.... $3.188....
SBltJ4f11 1/2912004 Idyl eon_ Lift Stollen 123.01 Repaired Elactlt:al Conduit. $940.81 $940.81
SBltJ4f18 9/1/2Q0.4 M. DoLaSotto ptne Ridge Roed Rep8lred R..,...nd Oemage $4.021.52 $4.021.52
SClO4lO2 712812004 I. Vera comer Blw. & Golden Gate Parkway RepalnldV""ICio $3.610.10 $3.610.70
SCI04i03 6I24J2004 GulfWastem Roofing Div05ta PUD Repaired Vehicle $3.328.59 $3.329.59
SEI04I08 9141200' R. Masalella LMngaton Road Rllpairød Venìcle $4.104.30 $4.104.30
SEI04I09 7/2812004 M. HocI<Ior Veterøns Park Repaired Watvr Main $814.81 $814.81
SEJQ.4I10 612212004 R. Jon_ 3800 Tamiaml TRIll N. Ropoinld Vehiclo $1.699.50 $1.699.50
SAI05/O 1 1017f.2004 Arch Alum. & GIaU YahlStreøI. Removed BroIIen ŒasliI from ROIId $324.24 $32424
SAJ05lO4 10120/2_ Ovemlte Transp. Coller Blvd. & San Merino CtrcJe Fuel SpRI Clean-up $151.74 $151.74
SBI05I01
S8/05I02
SCJ05/1)I
SCJ05I02
SDI05IOI
SDJ05I02
SEIOSI01
1lII9I2004
1012512004
1011812004
1011912004
10l2I2004
10/1612004
1012812004
R. Fernandez
T. Bogobowicz
J. PlszczynskJ
A. RuIZ
B. Blanc
W. KrIder
R.Malldc:
WhAe Lalle Blvd.
Goodlette Roød & Panther Drive
Collier Blvd. & Devil BNd.
Santa Barbara & Davia Blvd.
Lake Trøtfon:l Roed
9th Street. N. & Pancshor8
Max HUM Park
R_ ..-
Vehicle was a Total Loss
RepeIred Bumper
RepeI~ Vehicle
R....OId Vehicle
RepaJ~ Vehk;te
RepanQ Water Fountain
$58.92
$5,533.15
$261.17
$173.67
$4,188.51
$336.16
$1,1<8.32
TOTALS
11<8,815.14
-Amounts røce Y8d may Include an Bdminlatrativø fee.
$1AO,S1I.t1
Agenda Item No 16E2
March 8, 2005
Page 16 of 16
$58.92
$5,533.15
$261.11
$173,67
$4,186.51
$335.16
$1,1<8.32
EXECUTIVE SUMMARY
Agenda Item No. 16E3
March 8, 2005
Page 1 of 2
Recommendation to reject all responses received under Invitation To Qualify #05-3779,
Construction Services for the Vanderbilt Beach Parking Garage and reissue as a bid,
project 90295.
OBJECTIVE: To reject all responses received and issue a regular bid invitation to build the
Vanderbilt Beach Parking Garage.
CONSIDERATION: Invitation to Qualify (ITQ) #05-3779 was posted on December 29, 2004 in
the lobby of the Purchasing Building. Staff solicited qualifications-related information from
prospective bidders prior to soliciting bids for the purpose of pre-qualifying them to submit a
price bid. There were three (3) submissions received on the due date of January 18,2005. The
Selection Committee met on January 21, 2005 and January 28, 2005 and has concluded that
only one (1) firm, Wright Construction Corp., met the requirements of the solicitation to build the
parking garage. The Facilities Management staff and Purchasing staff have concerns over
pricing from just one contractor.
FISCAL IMPACT: There is no direct fiscal impact from this action though it is anticipated that
continuing with ITQ #05-3779 would likely result in higher costs since there would be no price
competition.
-
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners reject all responses received
under ITQ #Û5-3779 for Construction Services for the Vanderbilt Beach Parking Garage and
authorize advertisement as a bid.
Prepared by: Ron Hovell, P.E., Principal Project Manager, Facilities Management Department
~
Agenda Item No. 16E3
March 8, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16E3
Recommendation to reject all responses received under Invitation to Qualify 05-3779,
Construction Services for the Vanderbilt Beach Parking Garage and reissue as a bid, project
90295.
3/8/20059:00:00 AM
Meeting Date
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
2/23/20054:05 PM
Approved By
Scott Johnson
Purchasing Agent
Date
Administrative Services
Purchasing
2/24/2005 9:09 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
2/24/2005 11 :29 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
2/24/2005 12:25 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
2/25/2005 11: 52 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
2125/2005 1:10PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commiss ioners
Deputy County Manager
Date
County Manager's Office
2/28/20058:58 AM
Agenda Item No. 16E4
March 8, 2005
Page 1 of 3
-
EXECUTIVE SUMMARY
Recommendation to approve standard form contracts for use in the acquisition of
construction services, construction management services and professional services.
OBJECTIVE: To ensure that the needs and interests of Collier County government are clearly
set forth and protected contractually in the agency's more significant acquisition agreements.
CONSIDERATIONS: The Board of County Commissioners' agency expends more than $300
million annually for the purchase of goods and services. The majority of those dollars are related
to the study, design, construction and inspection of various capital improvements pursuant to
expanding and maintaining the County's infrastructure.
In 1992, the Board formally adopted a standard set of agreements for use with various types of
acquisitions. These standard agreement forms promote the efficient development of actual
contracts by providing the contract author with a common, pre-established base set of terms
and conditions. They also create a sense of continuity and consistency among County staff,
contractors and consultants regarding the County's business expectations.
These standard agreement forms have been incrementally updated for several years. However,
no comprehensive review of each had been conducted recently. In light of the Board's directive
to improve the County's contracting process, funds have been previously appropriated to hire
outside legal counsel to review and update each of the existing standard agreement forms:
--
1. Construction Services
2. Professional Services (single project)
3. Professional Services (fixed term)
To this end, staff engaged thè construction law firm of Cartton Fields, under their Board-
approved retention agreement. Attorneys from that firm worked closely with a team of project
managers and staff from the various operating divisions, the Purchasing Department, the Office
of the County Attorney, the Risk Management Department and the Clerk of Courts Finance
Department to review existing documents and draft an updated version of each. The team also
developed a new construction manager agreement, which is also recommended for adoption by
the Board. A hardcopy of each standard agreement form has been furnished to the Board office.
As a result of this initiative, language regarding several aspects of contract administration have
been updated or clarified within all of the agreements, including, but not limited to; payment
terms; insurance provisions; the hiring and payment of subcontractors and suppliers. The
construction services agreement has been consolidated into one base version for all forms of
construction (heretofore there were three versions of this agreement). The professional services
agreement has been enhanced to include new standard schedules for the scope of services,
compensation and a separate schedule to clearty identify key project milestones
FISCAL IMPACT: Funds in the amount of $51,000 are appropriated in various operating cost
centers for the project. The final actual costs are not expected to exceed the budgeted amount.
GROWTH MANAGEMENT IMPACT: There is no direct impact on the County's Growth
Management Plan associated with this action. However, updating existing and developing new
~
Agenda Item No. 16E4
March 8, 2005
Page 2 of 3
forms of contract will serve to facilitate the proper and timely completion of capital projects
required to maintain growth concurrency.
RECOMMENDATION: That the Board of County Commissioners approves the following
standard agreement forms; 1) construction services, 2) construction manager services, 3)
professional services (single project) and 4) professional services (fixed term).
Prepared By: Steve Carnell, Purchasing/General Services Director
...""~-.
,-.
Agenda Item No. 16E4
March 8, 2005
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16E4
Recommendation to approve standard form contracts for use in the acquisition of
construction services, construction management services and professional services
Meeting Date
3/8/20059:00:00 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
2124/2005 8:50 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
2124/200512:07 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
2/25/2005 11 :53 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
2/25/20051:35 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
212812005 5:37 PM
Agenda Item No. 16E5
March 8, 2005
Page 1 of 2
-
EXECUTIVE SUMMARY
Recommendation to approve payment of $454.07 to the State of Florida
Department of Revenue for taxes due, interest and penalty fees for late fuel tax
filings in Fiscal Year 2003
OBJECTIVE: That the Board approve payment of $454.07 to the State of Florida
Department of Revenue for taxes due, interest and penalty fees for late fuel tax filings in
2003.
CONSIDERATIONS: During audit of fuel tax records, some Fiscal Year 2003 invoices
were noted as being filed incorrectly due to a timing issue of invoice receipts. Invoices
received during the latter days of a given month were being sent with the following
month's invoices. After detection of the problem the late fuel tax filings were
immediately revised and re-filed, but with a resulting penalty by the State of Florida
Department of Revenue. Procedures have been implemented to ensure all future
invoices are received and filed on time.
GROWTH MANAGEMENT IMPACT: No growth management impact is involved.
-
FISCAL IMPACT: Funds are available in the Fleet Management Fund 521 operating
budget.
RECOMMENDATION: That the Board of County Commissioners approves an
expenditure of $454.07 for taxes due, interest and penalty fees imposed by the State of
Florida Department of Revenue for Fiscal Year 2003 late fuel tax filings.
PREPARED BY: Dan Croft, Director, Fleet Management
~
Agenda Item No. 16E5
March 8, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16E5
Recommendation to approve payment of $454.07 to the State of Florida Department of
Revenue for taxes due, interest and penalty fees for late fuel tax filings in Fiscal Year 2003.
3/8/20059:0000 AM
Meeting Date
Approved By
Dan Croft
Fleet Management Director
Date
Administrative Services
Fleet Management
2/24/2005 11 :51 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
2/25/200510:33 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
2/25/2005 11 :54 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
2/25/2005 1 :08 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
2/27/200512:27 AM
Agenda Item No. 16F1
March 8, 2005
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve Amendment No.1 to Work Order #HM-Fr-05-02 under
Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone
Management Projects, with Humiston & Moore Engineers for Shorebird Monitoring
related to Hideaway Beach Renourishment, Project 90502, in the amount of $11,648.00.
OBJECTIVE: To obtain Board of County Commissioners approval of Amendment No. 1 to
Work Order #HM-FT-05-02 with Humiston & Moore Engineers in the amount of$11,648.00 for
shorebird monitoring.
CONSIDERATIONS: The first phase of the project, the placement of sand, was awarded to
Weeks Marine in the amount of $2,482,775 on October 26, 2004. The second phase,
construction of the structures, was awarded to Marine Contracting Group on December 14,2004
for $2,140,880. Humiston & Moore Engineers was also authorized on December 14, 2004 to
proceed with time and material engineering services for the construction observations and
monitoring of the Hideaway Beach Renourishment project. The amount of the engineering
services award was $180,000.
-
The FDEP permit was issued on January 7, 2005. Per the permit conditions, shorebird
monitoring is required. On 2/2/05 Humiston & Moore (H&M) submitted a proposal for
shorebird monitoring to satisfY the conditions of the permit. The Conservancy of Southwest
Florida will perform the shorebird monitoring for Humiston & Moore.
On February 10,2005 the Coastal Advisory Committee recommended approval of this item.
On February 28,2005 the Tourist Development Council recommended approval of this item.
FISCAL IMPACT: Funds are available in the Hideaway Beach Renourishment Project
(90502). The source of funds is Category "A" Tourist Development Tax (Fund 195) and the
City of Marco Island. The additional $11,648 will still keep the project within the total approved
project budget of $4,457,000.
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: That the Board of County Commissioners approve a work order
amendment in the amount of$11,648.00, and authorize the Tourism Director to execute the work
order amendment.
PREPARED BY: Gary McAlpin, P .E., Coastal Projects Manager, Tourism Department
,,-.
Agenda Item No. 16F1
March 8, 2005
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16F1
Recommendation to approve Amendment NO.1 to Work Order #HM-FT -05-02 under
Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone
Management Projects, with Humiston & Moore Engineers for Shorebird Monitoring related to
Hideaway Beach Renourishment. Project 90502, in the amount of $11 ,648.00.
3/8/20059:00:00 AM
Meeting Date
Prepared By
Date
Gary Mcalpin
Senior Project Manager
212512005 3:06:53 PM
County Manager's Office
Tourism
Approved By
Gary Mcalpin
Senior Project Manager
Date
County Manager's Office
Touris.m
2125120053:10 PM
Approved By
Ron Hovel!
Principal Project Manager
Date
Administrative Services.
Facilities Management
2125120053:14 PM
Approved By
Jack Wert
Tourism Director
Date
County Manager's Office
Tourism
212512005 3: 15 PM
Approved By
Linda Jackson
Contracts Agent
Date
Admínistrative Services
Purchasing
2/2512005 3:26 PM
Approved By
Steve Carnell
Purchasing/Gelleral Svcs Director
Date
Admìnìstratìve Services
Purchasing
2125120053:54 PM
Approved By
OMB Coordinator
Admìnistrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/1120057:40 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3111200511:24AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
31112005 1:17 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissíoners
County Manager's Office
3/1120053:33 PM
IRE CC)NSER\'l-\NCY
Of Southwest Florida
February 1, 2005
-- --
145;) \-}i.;'JTihf:1;: Dr¡Y~~' ~ ;<:J~~lt'~,
.:::,().2(:L(H~;'l $< <,,, .L{;¿.(:c7~:
Greg Roebuck, P.E.
Hunliston & Moore Engineers
5679 Strand Court
Nap le5, Florida 341 ] 0
\-v\\' \':', con S~~·!, \' :In:~' y. c'rg
Dear Mr. Roebuck,
Per YCLlr inq'uiry.. the follo\':ving is a sun1n1a~~y of the casts as£oci~ited \J,"iitl~ nlon.1.toring
shorebird activity ¡ûr the Hìdeaway Beach NOUJishment Project. As there is not an exact
starting dating for the project r ea1cuJatcd the cost of the monitoring on a weekly basis.
Based on the monitoring frequency of three times/week, the salary cost would be
$277/weck. Including the mileage expense of$61.50 (50 miles/round trip @
Conservancy rate of 40.5 cents perìmile), the weekly cost \vou1d be $338.50. Data entT'Y
and the preparation of the final report would cost and additional $700.
You indicated that the project would Jikely start prior to April] 81 and \vould require
approximately three months to complete. Given thc unknowns of the pennitting process
and the vagaries oflogistícs and tropical storms, I'm basing the total cost ofthe
monitoring on a time period from mid February-September. This is the longest tin1c
frame during \vhich the monitoring might continue. Therefore, The Conservancy will
commit that the cost of the monitoring \vou]d not exceed $11,648. Keep in mind that this
figure is an effort to cover the above mentioned contingencies so the real cost ofthe
monitoring would most likely be less though we cannot say exactly hmv much, If you
have any questions or need any additional information, don't hesitate to contact me.
Sincerely,
;L
,~<...}
David S. Addison
Senior Biologist
Leadlr;g d1-:2 chdl~nge t.o lìyot¿C1 and sU$[ain S(;Urh~A.Ii.:':~t. _F¡on(Ll~5 nan{'i()Ì en-;,~irunHH>~H.
.
Agenda Item No. 16F1
March 8, 2005
Page 4 of 6
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT HAIlE: Hideaway Beach Renouriahrnent I Shorebird Monitoring
PROJECT:I: 105021
BIDlRFP:I: Coatraet ##01-3271 MOD:I: 1.:,.AMOUNT Of THIS CHANGE $11,648.00
PO t: 45000-40433 Work Order': HM-FT06.o2
CONTRACT AMOUNT: ORIGINAL $180,000 - CURRENT $1.1,....00
. (STAR1ING POIN1') (llCLUDING 11tI8 CHANGE ORDERþ
Last BCC Approved Amount - $180,000
(LAST TOTAL ÞMT. REQUIRING BCC APPROVAL)
Dam of Last sec Approval: December 14. 2004
Agenda......: .1.1
Cumulative Dollar Val... of Change Orders to this ContractlWork Order: $11,648.00
~ of the change overfunder current contract amount - 6.47%
Fonnula: (Cunent Amount I Last ace approved amount)-1
Results and Actions: If the change exceeds 10% Bee approval Is required; under 10% reported to BeC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedwes, Section lII.e.4.
CURRENT COMPLETION DATE (S):ORIGlNAL: 160 days after pennlt from COE and Issuance of NTP
by FDEP. CURRENT: 160 clayS after pennlt from COE and issuance of NTP from FDEP.
SUMMARY OF PROPOSED CHANGE (S): Ideatify tile chagea: Shorebird monitoriDI .. req1lirecl to
satisfy FDEP pennit for the Hideaway Beach ReaourishD1ea.t Projeet - 905021.
JUS11FICATlON FOR CHANGE (S): What value or benefit do u... changes pnwkIe to the project:
Required .. a condition of pennlt issuance.
PARTIES CONTACTED REGARDING THE CHANGE: Humiston & Moore Engineers and The
Conservancy of Southwest Florida.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or HlA)
Y - Proposed change Is consistent with the scope of the existing agreement
Y - Proposed change is in fact an addition or deletion to the existing scope
Y - Change Is being implemented in a manner consistent with the existing agreement
Y ~ The appropriate parties have been consulted regarding the change
Y - Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: this fonn Is to be signed and dated.
APPROVE BY: t1 1 Date: ?./ J.." / Ó)
REVIEWED BY:
....-
Date: cR -ø?6 -0)
Revised 12f23/04
TO:
Humiston & Moore
5679 Strand Ct., Unit 110
Naples, FL 34110
CHANGE ORDER TO WORKORDER # 1
FROM:
Tourism Department
3050 North Horseshoe Drive, Suite 218
Naples, FL 34104
Agenda Item No. 16F1
March 8, 2005
Page 5 of 6
Project Name: Shorebird Monitoring
Project No, 905021
Work Order Dated: 12/16/05
Change Order No.: 1
Change OnIer Description:
Work Order No. HM-Ff05-02
Date: 02/25/05
This change order is to provide shorebird monitoring to the Hideaway beach Renourishment
project as required by permit condition. The cost of this change is $11,648.00 and will
require no adjustment to completion dates.
Original agreement amount ........................................................... $180,000
This Change Order No. 1 Amount (add)........................................ $11,648
ReI1ÚeIl AKreement Amø..IÚ.......................................................... $191,648
Original contract time in calendar days............... ........................... ...... ....150 days
Adjusted number of calendar days due to previous change orders ..................... 0 days
This change order adjusted time is........................................................ ...150 days
ReI1Í6ed Contrad Time in working dø.ys... ...... ... ...... ...... ...... ............... .... 150 days
Original Notice to Proceed date ............................................................ ........... 12/15/04
Completion date based on original contract time was 12/15/05 and 150 calendar days pending
a NTP by the FDEP and issuance of COE permit. The NTP by FDEP and the Permit by COE
is still outstanding as of2/25/05.
Revised completion date due to change order(s)will not exceed the ISO days outlined in the
original work. The anticipated start date is currently 5/1/05. With a ISO-day completion
schedule the anticipated completion is September 27, 2005.
Your acceptance of this change order shall constitute a modification to our Agreement and
will be performed subject to all the same tenns 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 ot:
or related to, the change set forth herein, including claims for impact and delay costs.
Prepared by: i~~Î ? + Date: y t-Ç-/65
Name, OJec1 er , /J, ...:r
Department Name - I~ ~T··
/<"~ #U/,>?1. t:~.~
Accepted by:
Kenneth K. Humiston
Humiston & Moore Engineers
Date:
2/25/05
Approved by:
Date:
Department Director
Department
Approved by:
Date:
March 8, 2005
Page 6 of 6
Date:
Friday, February 25,2005
To Steve: 2125/05
To. Bonnie:
BCC Report: NA
THIS ITEM WILL BE PRESENTED TO THE BOARD AS AN AGENDA ITEM
RE: Contract Number:
01-3271
Contract Name:
Fixed Term Professional Engineering Services for Coastal Management Projects
Project Number:
905021
Project Name:
Hideaway Beach RenourishmentlShorebird Monitoring
Amendment Number:
No. I
Change Order Number:
Work Order Number: HM-FT -05-02
Contractor/Consultant: Humiston & Moore
Change Order Amount: $ 11,648.00
Last BCC Approved Amount:
$ 180,000.00
$ 180,000.00
$ 191,648.00
$ 11,648.00
Original Work Order Amount
Revised Agreement Amount:
Cumulative Change Order Amount
Percentage IncreaselDecrease:
6.47%
Overview of change: This amendment adds Shorebird monitoring as required to obtain the Florida Department of
Environmental Protection EP) ermit issuance requirement.
Date~ _';¿j-CJ5
Date: 2- 'tS _oS-
Contract Speciali
nt: &
Z r¿ ,~j
Scanned Date:
Data Entry Information:
Type of Change: Work Order
Project Manager: Gary McAlpin
Department: Tourism Department
Scanned copies of the back up documentation may be located on the Purchasing G drive:
G:ICurrent-Changes to Contracts
G:I Currenl- Changes to Work Orders
Agenda Item No. 16F2
March 8, 2005
Page 1 of 10
0-
EXECUTIVE SUMMARY
Recommendation to Approve Two (2) Contractual Service Agreements between Collier County
and the East Naples and Golden Gate Fire & Rescue Districts to provide Fire Protection and
Rescue Services within the Collier County Fire Control District at a cost of $176,400.
OBJECTIVE: Board of County Commissioner's approval of two (2) Contractual Service
Agreements with the East Naples and Golden Gate Fire & Rescue Districts for fIre protection and
rescue services to the Collier County Fire Control District.
CONSIDERATIONS: Collier County Ordinance No. 84-84, as amended, created the Collier
County Fire Control Municipal Service Taxing District (District). The purpose of the District is to
provide fire protection and rescue services to the residents of the unincorporated areas of Collier
County that are located outside the boundaries of existing fire control districts. The services are
provided by four (4) fire control districts: East Naples, Golden Gate, Isles of Capri, and Ochopee Fire
& Rescue Districts. The existing Service Agreements with the two independent fire districts, East
Naples and Golden Gate have expired. New Contractual Service Agreements are required between
the County and the East Naples and Golden Gate Fire & Rescue Districts. The Isles of Capri and the
Ochopee Fire & Rescue Districts are County dependent districts and no agreements are required.
Services are funded by an MSTU at a millage rate of2.0 mills and are distributed as follows:
--
Golden Gate Fire & Rescue District:
East Naples Fire & Rescue District:
Isles of Capri Fire & Rescue District:
Ochopee Fire & Rescue District:
$88,200
$88,200
$60,100
$88,200
FISCAL IMPACT: The total cost of two (2) Agreements is $176,400. Funds are budgeted for
FY-05 in Fund 148, Collier County Fire Control. The Isles of Capri and Ochopee Fire Control
Districts' portions are included in their FY-OS budgets.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this item.
RECOMMENDATION: That the Board of County Commissioners approve the two (2) Contractual
Service Agreements between Collier County and the East Naples and Golden Gate Fire & Rescue
Districts to provide fire protection and rescue services within the Collier County Fire Control District
at a cost of $176,400.
Prepared by: Darcy Waldron, Sr. Administrative Assistant
Department of Emergency
",-
Agenda Item No. 16F2
March 8, 2005
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Numb.r
Item Summary
16F2
Recommendation to Approve Two (2) Contractual Service Agreements between Collier
County and the East Naples, and Golden Gate Fire & Rescue Districts to provide Fire
Protection and Rescue Services within the Collier County Fire Control District at a cost of
$175,600
31812005 9:00:00 AM
Meeting Date
Approved By
Darcy Waldron
Senior Administrative Assistant
Date
County Managttr's Office
Emergency Managttment
2125/2005 10:26 AM
Approved By
Dan E, Summers
Bureau of Emergency Services
Director
Date
County Managttr's Office
Bureau of Emargency Services
2125/2006 10:48 AM
Approved By
OMB Coordinator
Administrative Assistant.
Date
County Manager's Office
Office of Management & Budget
2/2512006 11 :41 AM
Approved By
Michael Smykowakl
Management & Budget Director
Date
County Managttr's Office
Office of Management & Budget
3/1120058:20 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Menager
Date
County Manager's Offlctt
3/1/2005 10:28 AM
· .
Agenda Item No. 16F2
March 8, 2005
Page 3 of 10
SERVICE AGREEMENT BETWEEN THE
EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT AND THE
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
THIS SERVICE AGREEMENT (Agreement) made this day of
, 2005, by and between the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA (hereinafter referred to as "COUNTY"), and the EAST
NAPLES FIRE CONTROL AND RESCUE DISTRICT (hereinafter referred to as the
"DISTRICT"). COUNTY and DISTRICT are collectively referred to herein as the parties.
WITNESSETH:
WHEREAS, pursuant to Collier County Ordinance No. 84-84, as amended, the Board of
County Commissioners created the Collier County Fire Control Municipal Services Taxing Unit
(hereinafter referred to as the "Collier County Fire District"); and
WHEREAS, the Collier County Fire Control District, as created by Collier County
Ordinance No. 84-84, as amended, includes all of the unincorporated area of Collier County,
Florida, that is not included within a dependent or independent fire control district; and
WHEREAS, the DISTRICT has the necessary equipment and personnel, as described in
fire department response procedures Exhibit "A" attached hereto and incorporated herein, to
provide fire control, fire prevention and rescue services to sub-areas of the Collier County Fire
Control District; and
WHEREAS, certain portions of the Collier County Fire Control District described above
require fire and rescue protection services; and
WHEREAS, the parties desire to enter into this Agreement under the authority of the
Florida Intergovenunental Cooperation Act of 1969, as amended, as referenced in Chapter
163.0 I, et. seq., Florida Statutes, for the purpose of providing fire and rescue service to those
geographic areas and parts of the Collier County Fire Control District which are the subject of
this agreement.
NOW, THEREFORE, in consideration of the premises and covenants set forth herein,
and other valuable considerations in hand, received this date, each party from the other, which is
hereby acknowledged, the parties hereto agree as follows:
'\
1. The term of this Agreement shall be effective from October 1, 2004 through
September 30,2005. This agreement may be amended as to its tenns and conditions
at any time by mutual consent of both parties, through a writing executed with the
same fonnalities as this Agreement by both parties.
2. The DISTRICT agrees to furnish fire protection and rescue services to a portion of
the Collier County Fire Control District. The fire department responses as described
.
.
Agença Item No. 16F2
March 8. 2005
Page 4 of 10
in Exhibit "A" shall be deemed to establish the closest station response to calls for
service in the Collier County Fire Control District. The DISTRICT shall furnish said
fire protection and rescue services within a primary zone of coverage within the
Collier County Fire Control District, as well as in other zones of the Collier County
Fire Control District, as required by procedure or upon the request of the COUNTY
or other Collier County Fire Control District contract providers. The Fire Chief of the
DISTRICT shall, in conjunction with the Director of Collier County Bureau of
Emergency Services and the other agency Fire Chiefs servicing the Collier County
Fire Control District, forward to the COUNTY a map indicating and confirming each
agency's primary and secondary response zone within the Collier County Fire
Control District. Said services shall be provided in the same manner, level and
priority as the fire protection and rescue services furnished within the regular
DISTRICT, taking into consideration the time, distance and resource limitations of
the DISTRICT.
3. The COUNTY agrees to pay the DISTRICT for services rendered to a portion of the
Collier County Fire Control District pursuant to the requirements of paragraph 2,
above, from taxes collected during each fiscal year of this Agreement. Payment shall
be calculated from the latest tax assessment rolls available on May 1st 2004 at an
assessed rate of2.0 mills for the duration of the Agreement. Available tax revenue is
the total amount of taxes available for fire and rescue protection services after costs of
collection have been deducted. Payment is to be paid on a quarterly basis on January
1, April 1, July 1, and September 1. Revenue and payment will be based on the
following fonnula:
Total ad valorem revenue for Collier County Fire Control District,
less collection fees and administrative costs. The remaining
balance is to then be divided in half, with the first half being split
four ways between the East Naples Fire Control and Rescue
District, the Ochopee Fire Control District, the Golden Gate Fire
Control and Rescue District and the Isles of Capri Municipal
Rescue and Fire Services Taxing District. The second half would
then be split using the following percentages: 12.01% to the Isles
of Capri Municipal Rescue and Fire Services Taxing District, with
the East Naples Fire Control and Rescue District, the Ochopee Fire
Control district and the Golden Gate Fire Control and Rescue
District each receiving 29.33%.
4. Both parties to this Agreement hereby agree to cooperate and participate in mutual
programs and projects in the interest of fire and rescue protection within the County
of Collier, and with the Fire Marshall of the State of Florida.
5. At any time during this Agreement, in the event of non-performance of the
obligations arising under this Agreement by either party, the other shall provide
written notice of the specific grounds of such a claim to the chief administrator of the
non-performing party. The party receiving such a notice shall then have fifteen (15)
2
Agenda Item No. 16F2
March 8, 2005
Page 5 of 10
days in which to respond to and remedy the claim ofnon-perfonnance. In the event that
the non-performance is not remedied within the IS-day period, the party claiming the
non-perfonnance shall have the right to tenninate this Agreement.
6. All Service Agreements and amendments thereto, between the COUNTY and the
DISTRICT relating to the area previously termed the Collier County Fire Control
District are hereby rescinded and superseded.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
EAST NAPLES FIRE CONTROL AND
RESCUE DISTRICT, an Independent
::~~.'. . l:da __
Chairman
Witness:
BOARD OF COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
Chairman
ATTEST: Dwight E. Brock, Clerk
Deputy Clerk
I Sufficiency
3
, '.. .~-. , . ,-. Agenda Item No. 1.6F2
March 8. 2005
Page 6 of 1 0
CoJller County Fire Control (Conf.)
Fuad (148)
FY 0210.3 FY 03/04 FY 03/04 FY 04/OS FY 04/0S FY 04/0S %
Accual Adoptld Forecas! CurreD1 .Expanded Total Budget
AppropJ'iaåoD Unit BxøIRIv Bud.er BXP/Rev Service Service Budget ChLOlle
R.cmiuuca 110,'00 174,200 174,200 17$,600 0 175,600 O.8~o
~ 8xpIDaes 2,200 1,200 1,200 1,200 0 1,200 O.O'!!o
TI'IIII(m 143,600 146,100 146,700 141,600 0 147,600 O. Wo
Trautm -P A/TC 11,333 12,700 12,700 11,100 0 11,100 ·12.6%
Ílc:šerva 0 0 0 0 0 0 N/A
TolIJ AppropriaUom 327,933 334,800 334,800 335,500 0 335,500 0.2%
Revenue:
Ad V&Jorcm TIXC$ 305,206 345,100 327,100 34',800 0 345,800 0.2%
IDr.erat/MJIc. 3,.94 2.700 3,200 2,800 0 2,800 37%
Trau!m 4,105 0 0 0 0 0 ~/A
Carry Fozward -23,433 4,400 8,800 4,300 0 4,300 ·2.3%
Jlcvezwe I.aave 0 (17,400) 0 (17,400) 0 (17,400) 0.0%
Tow RCVCDUC 336,238 334,'00 339,100 335,500 0 335,500 0.2%
C1UTtÐf rY IU~ . Pin pIOroctiOD service iI providod to the relidalS of the UDiDc:orporared arcu or the Couury Ù\ar ue
10CIfCd 0USIidc dII boudaria of oxiadq ðre ~DlrOllU.1nl diltric!I throup a 00a1rIC1UIJ acrvic. a....e:meDt berwecD the
rapoc1ivc art COII¡rOJ dflUicu IIId till BCC. Tbe nminancnlnut'. 10 ~D1nOfed ftre ctiaU'ictl will be cl.istributed a.s
fOlJDM: bla of c.pn.s$P.IOO, Ocbopt.·S87,'oo, Golda Oate·SI1,aoo, IIId Bait Napl...S'7,1OO. n..e &mown, ue
c:aJcu1ated by taIdq IDtIJ Ad valorem mae (or tbe CoWer ColIIUy Fir, Coatrol DI.sO'ic! 1011 collectioD lèu IDd
admiDisiradve 00111. HIlt of ebb aoUZII II divided eveaJy between the (our dútriC1l. The other baJrïs c\jvidod based on the
$CCO.adary paœDIIp ~ outlined below.
~.
)ÙVClUII FY 04/05 . BudJetod a4 yaJorem !IX reVeDue i. bued oa tbe CoWer COlD1ty Pire Control Di,Uic! WC4blc value of
$172,91$,J2' ar 1.0000 mm"
Fire DI.trlct 25% Shar.. Secondary Shu.. Perc.nt.a. Total Shares
1.,.. of Caorl $040 400 $18.400 0.1201 $59,800
OChOD" $40 400 $<47 0400 O.21i133 $87,800
GG . $<40 400 $<47 400 0.2933 $87.800
EN $40 400 $47.400 0.2933 $87.800
Total $181.'00 $111.100 100.0% $323,200
EXHIBIT" A"
MO-<C8
,,~_.........................~--
.;
..
..
Agenda. Item No. 16F2
March 8,2005
Page 7 of 10
SERVICE AGREEMENT BETWEEN THE
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT AND THE
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
THIS SERVICE AGREEMENT (Agreement) made this day of
, 2005, by and between the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA (hereinafter referred to as "COUNTY"), and the GOLDEN
GATE FIRE CONTROL AND RESCUE DISTRICT (hereinafter referred to as the
"DISTRICT"). COUNTY and DISTRICT are collectively referred to herein as the parties.
WITNESSETH:
WHEREAS, pursuant to Collier County Ordinance No. 84-84, as amended, the Board of
County Commissioners created the Collier County Fire Control Municipal Services Taxing Unit
(hereinafter referred to as the "Collier County Fire District"); ~d
WHEREAS, the Collier County Fire Control District, as created by Collier County
Ordinance No. 84-84, as amended, includes all of the unincorporated area of Collier County,
Florida, that is not included within a dependent or independent fire control district; and
WHEREAS, the DISTRICT has the necessary equipment and personnel, as described in
fire department response procedures Exhibit "A" attached hereto and incorporated herein, to
provide fire control, fire prevention and rescue services to sub-areas of the Collier County Fire
Control District; and
WHEREAS, certain portions of the Collier County Fire Control District described above
require fire and rescue protection services; and
WHEREAS, the parties desire to enter into this Agreement under the authority of the
Florida Intergovernmental Cooperation Act of 1969, as amended, as referenced in Chapter
163.01, et. seq., Florida Statutes, for the purpose of providing fire and rescue service to those
geographic areas and parts of the Collier County Fire Control District which are the subject of
this ~ment.
NOW, THEREFORE, in consideration of the premises and covenants set forth herein,
and other valuable considerations in hand, received this date, each party from the other, which is
hereby acknowledged, the parties hereto agree as follows:
1. The tenn of this Agreement shall be effective from October 1, 2004 through
September 30,2005. This agreement may be amended as to its terms and conditions
at any time by mutual consent of both parties, through a writing executed with the
same formalities as this Agreement by both parties.
2. The DISTRICT agrees to furnish fire protection and rescue services to a portion of
the Collier County Fire Control District. The fire department responses as described
-.."
Agenda Item No. 16F2
March 8, 2005
Page 8 of 10
.
in Exhibit "An shall be deemed to establish the closest station response to calls· for
service in the Collier County Fire Control District. The DISTRICT shall furnish said
fIre protection and rescue services within a primary zone of coverage within the
Collier County Fire Control District, as well as in other zones of the Collier County
Fire Control District, as required by procedure or upon the request of the COUNTY
or other Collier County Fire Control District contract providers. The Fire Chief of the
DISTRICT shall, in conjunction with the Director of Collier County Bureau of
Emergency Services and the other agency Fire Chiefs servicing the Collier County
Fire Control District, forward to the COUNTY a map indicating and confirming each
agency's primary and secondary response zone within the Collier County Fire
Control District. Said services shall be provided in the same manner, level and
priority as the fire protection and rescue services furnished within the regular
DISTRICT. taking into consideration the time, distance and resource limitations of
the DISTRICT.
3. The COUNTY agrees to pay the DISTRICT for services rendered to a portion of the
Collier County Fire Control District pursuant to the requirements of paragraph 2,
above, from taxes collected during each fiscal year of this Agreement. Payment shall
be calculated from the latest tax assessment rolls available on May 1 st 2004 at an
assessed rate of2.0 mills for the duration of the Agreement. Available tax revenue is
the total amount of taxes available for fIre and rescue protection services after costs of
collection have been deducted. Payment is to be paid on a quarterly basis on January
1. April 1, July I, and September 1. Revenue and payment will be based on the
following fonnula:
Total ad valorem revenue for Collier County Fire Control District,
less collection fees and administrative costs. The remaining
balance is to then be divided in half, with the first half being split
four ways between the East Naples Fire Control and Rescue
District, the Ochopee Fire Control District, the Golden Gate Fire
Control and Rescue District and the Isles of Capri Municipal
Rescue and Fire Services Taxing District. The second half would
then be split using the following percentages: 12.01% to the Isles
of Capri Municipal Rescue and Fire Services Taxing District, with
the East Naples Fire Control and Rescue District, the Ochopee Fire
Control district and the Golden Gate Fire Control and Rescue
District each receiving 29.33%.
4. Both parties to this Agreement hereby agree to cooperate and participate in mutual
programs and projects in the interest of fire and rescue protection within the County
of Collier, and with the Fire Marshall of the State of Florida.
S. At any tirile during this Agreement, in the event of non-performance of the
obligations arising under this Agreement by either party, the other shall provide
written notice of the specific grounds of such a claim to the chief administrator of the
non-performing party. The party receiving such a notice shall then have fifteen (15)
2
---....
..
.
Agenda Item No. 16F2
March 8,2005
Page 9 of 1 0
.
days in which to respond to and remedy the claim of non-performance. In the event
that the non-performance is not remedied within the 15-day period, the party claiming
the non-performance shall have the right to tenninate this Agreement.
6. All Service Agreements and amendments thereto, between the COUNTY and the
DISTRICT relating to the area previously termed the Collier County Fire Control
District are hereby rescinded and superseded.
IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
Witnesshn. ~ðiA;"~_ J~
Print Name: M.~c:ct-c--:c..~Q '(Y\e.v..\&rtbCC"~
GOLDEN GATE FIRE CONTROL AND
RESCUE DISTRICT, a Dependant Special
~~~O~da
Chairman
BOARD OF COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
Chairman
A TrEST: Dwight E. Brock, Clerk
Deputy CI~k
and Legal Sufficiency
~
3
""""'. Agenda Item No. 16F2
March 8, 2005
COmer County Fire CODtTol (CODt.) Page 10- of 10
Fuad (148)
FY OVO.3 FY 03/04 FY 03/04 Py 04105 FY 04/05 FY 04/05 %
ACINI I Adopted PorcellI CIUTCDt Expanded TOlal Budget
AppropJ'iaÚOD VAtt ~v Budaet EXPI1lev SeMee Service 8\&òglt Change
R.aUczuca 170,'00 17.,ZOO 174,200 17 $,600 0 175,600 O. 8'/0
~ !xpeueI 2,200 1,200 1,200 1,200 0 1,200 0.0%
Truat'm 143,600 146,100 146,700 147,600 0 147,600 0.6%
Trustm ., AlTC J 1,333 12,700 12,700 11,100 0 11,100 ·12.6%
R.eScrvCl 0 0 0 0 0 0 N/A.
T 0111 AJ'PlopriadoDl 32i,933 334,800 334,800 335,500 0 335,SOO 0.2%
Revenue:
Ad ValORm Taes 305,206 345,100 327,100 345,800 0 345,800 02%
IDrercstIMisc. 3,.9. 2,700 3.200 2,'00 0 2,800 3.7%
Trmsfm 4,105 0 0 0 0 0 N/A
Can')' Fcnvd . 23,433 .,400 8,800 .,300 0 4,300 ·2.3%
.Revawc R.acrve 0 (17,400) 0 (17,400) 0 (17,400) 0.0%
Tow Revawe 336,238 334,800 339,100 335,500 0 335,500 0.2%
Curr&DC FY 04105 . PiR protocdOD HMcc II providod 10 the rNldatl ot rbc w:úDcorporaced IRII of tbe Cowty thar are
loc:arcd 0UIIidc IU bouadariCI of exiltiq are c01urolllXJn, dil1rioa dIroup 1 OODC'ICIN&I H1'Yice 1¡nIlDCllC berwecD !be
respcc1ivc tir. coø;rol dRtou UId till BCC. The mmnazaçuhnuten to coDnoted an d.il1ricu will be diJtribuled .u
follows: ilIa ot CIpri-$$9,aOO, C)çbopN·SI7,.OO, Ooldas 0118-$17,800, aDd Buc Wapl...S'7,800. Theal unOUÐU arc
e&1eu1ated by IIkiDI IOCIJ ad valorem maul (or the CoWer COImt)' Fire CODtrol Dia1ricr Ie.. colleel'ioD tees lad
admiDisíntivc CÒIU. &JI 01 tbU IDIOUIIf iI divided evel1ly between till four dbtricu. The other bait ÌI divided blled on tbe
secoDdaJy ~.1ØIOUDtI outlined 'below.
'"
Rncuue FY 0.4105· BudJoted ad vaJOmD laX revenue i, blled on the Comer County Pire Control DistricltLUble value of
S 172,915,12'1' 2.0000 IIIWI.
Fir. DI.trlct 25% ShutS S.cond.rY Shar.. Perc.ntag. Tot.1 Shirts
,.,.. of CaDr' $40 400 $18,400 0.1201 SSg,800
OChOD" ,.cO 400 $47,400 o .2i33 $8 7 ,800
GG , $40400 $<111 7 400 0.2933 $87.800
EN $40 400 $4740Ö O.2i33 $87.800
Total $'81.'00 $1'1 800 100.0% $323.200
EXHIBIT U A"
M0-48
",....
" .. .. .'
Agenda Item No. 16F3
March 8, 2005
Page 1 of 2
--
APPROVAL OF BUDGET AMENDMENTS
BCC Agenda of Marcb 8, :Z005
Community Development Administration (113)
Budget Amendment #05-206
Ooeratim! EXDeIlSes
. Community Development Administration
$4,000
Reserves
Reserve for Contingency
Total
(4,000)
-0-
Explanation: The Board of County Commissioners approved a decrease for Stewardship Sending
Area application fees to be retroactive to all SSA applications. The SSA applications received prior to
the fee change are being refunded the difference between the amount paid and the decreased fees
approved by the BCC. (BBC Meeting 11/16/04 - agenda item 16AI0).
Prepared by: Barbetta Hutchinson, Executive Secretary, OMB
----
Page 1 of 1
Item Number
Item Summary
Meeting Date
Approved By
Michael Smykowskl
County Manager's Office
COLLIER COUNTY
BOA.RD OF COUNTY COMMISSIONERS
16F3
Recommendation to approve a budget amendment
318120059:00:00 AM
Man.gement & Budget Director
Office of Management & Budget
Agenda Item No. 16F3
March 8. 2005
Page 2 of 2
Data
2125/2005 10:58 AM
Approved By
Leo E. OChs, Jr.
Board 01 County
Commissioners
Deputy County Manager
County Manager's Office
Date
21271200512:39 AM
Agenda Item No. 16H 1
March 8, 2004
Page 1 of4
-
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
pwpose 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 ftmctions of ftatemal, 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: Donna Fiala
FUNCTIONIEVENT: 2005 Humanitarian Award Luncheon
PUBLIC PURPOSE: Show gratitude & honor Clyde Butcher
-
DATE OF FUNCTIONIEVENT: Friday, March 11,2005
FISCAL IMPACT: $100.00 Funds to be paid iTom 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 pwpose.
PREPARED BY: Kathy Highbaugh, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: March 8, 2005
,,-..
""----.,
Item Number
Item Summary
Meeting Date
Agenda Item No. 16H 1
March 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. Will be attending the 2005 Humanitarian Award Luncheon
honoring Clyde Butcher on March 11, 2005 at the Ritz-Carlton Golf Resort at Tiburon;
$100.00 to be paid from Commissioner Fiala's travel budget.
3/8/20059:00:00 AM
Date
Prepared By
Kathy Highbaugh
Board of County
Commissioners
Executive Aide to the BCe
2/22/2005 1 :11 :24 PM
Approved By
Bee Office
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
Date
BCC Office
2/23/2005 9:28 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
2/23/20054:24 PM
'.,'. .
\;. '.
~
.51 p í/r;s-
j!;.ø I.
,-~-,.,;_:';,
~~--"-,,,,-.----~
.~_~"", ".""",^.,~",.,,".'''''''''''''''~''''.'_~'''''''''__'__'''"'~_'''"''''_'''.... ..___....... ._-._,... ·.·.h' ,__ _'..'".,"'~' ,
',. $
~:
Agenda Item No. 16H1
March 8, 2004
Page 4 of 4
INTERNATIONAL COLLEGE
2005
~a"ÛÛl~-n
AWARD lUNCHEON
(J)¡e wìllauend the Award Luncheon. ?lease J'e$erve: .
I table(s) often @ $1 ,OOO.ooea<:h (seettM!rse)
_ indIVIdual tlcket(s) @ $100.00 each
~closed is a check in !he amount of $ J Q? Iii) payable to Intematlonál Coll~ SpéCial Event.
U Please charge my: Visa MC #,
ExptratJQn Date Signature
I am unable lOattend, but enclosed .ismy laX-deductible con1rlbutlon 10 IntematlonaJ Q)ßege1n theamountof
$ '.~ . in .~ of Clyde Butther. Q:>ntrlbutlons.. benefit Internatlonal.CoUege Bulldi!}g Fund.
tv.lme J!f\t\A -y, Þd..-A Address ;:, 3D t T~ fJ 'h; Td.e·
ctty~~ZtP :,41~phone (ì4--!3I:R7
SøI.f'Ptlri., fIlIll ". .WIIlìI1M.
Plem ~lUm !his aid aJong with fOUr c4eck by Much 1,200S. Contact líaren ROIondo at (2~9) m·]l22.
For tax purpòSes, tslilnaled value of goods anclservlœl per t.icket 1$ $SO;OO.
INTERNATIONAL COLLEGE IS A SOI(cH NOT FOR PROFIT ORG~N1ZATlON,
r'" n°. (".-.-
~'~" ~,.~~ oÞ,.,'·"...·~ ....... ,~,,~ "'f '.~~,' .."'..
^.._.............~;~~.._"'---,. i
Agenda Item No. 16H2
March 8. 2004
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
pmpose 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 ftatemal, business,
environmental, educational, charitable, socia~ professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTIONIEVENT: Lincoln Day Fundraiser sponsored by the Collier County
Republican Executive Committee
--
PUBLIC PURPOSE: Commissioner Coletta requests Board approval for
reimbursement for attending the Lincoln Day Fundraiser sponsored by the Collier County
Republican Executive Committee. This fundraising event will have two prestigious
Congressmen as keynote speakers: Congressman Connie Mack, District 14 and
Congressman Mario Diaz-Balart, District 25. Attorney General, Charlie Crist has
confirmed his attendance as well. It will take place at the Naples Beach Hotel and Golf
Club on March 12, 2005. I have submitted my check and am seeking reimbursement of
the $75.00 per person cost of this event which will provide an opportunity to speak with
our local Congressmen and other legislative representatives about local issues and areas
where we need assistance ftom the Federal and State Government.
DATE OF FUNCTIONIEVENT: March 12,2005
FISCAL IMPACT: $75.00 Funds to be paid ftom 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 Jim Coletta to
attend function serving a valid public pwpose.
PREPARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: March 8, 2005
..--
-
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
Agenda Item No. 16H2
March 8, 2004
Page 2 of3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H2
Commissioner Coletta requests Board approval for reimbursement for attending the Lincoln
Day Fundraiser to be held at the Naples Beach Hotel and Golf Club on March 12, 2005
sponsored by the Collier County Republican Executive Committee. This fund raising event will
have two prestigious Congressmen as keynote speakers; $75.00 to be paid from
Commissioner Coletta's travel budget.
3/8f2005 9:00:00 AM
Executive Manager to the BCC
Date
Approved By
BCC Office
2/24/2005 4:57 PM
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
2/25/200510:01 AM
-..
~ ,.,!>.
't,;'~¡
Agenda Item No. 16H3
March 8, 2004
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 purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTIONIEVENT: Lincolµ Day Celebration
--
PUBLIC PURPOSE: Commissioner Halas requests Board approval for reimbursement
for attending the Lincoln Day Fundraiser which will feature keynote speakers
Congressman Connie Mack and Congressman Mario Diaz-Balart. Attorney General,
Charlie Crist will also be in attendance. The event takes place at the Naples Beach Hotel
and Golf Club on March 12,2005. The event has been prepaid by the Commissioner and
he seeks reimbursement of $75.00 for the cost of the event to be paid from the
Commissioner's travel budget. This event will afford the opportunity to interact with
national elected officials and members of the community.
DATE OF FUNCTIONIEVENT: March 12,2005
FISCAL IMPACT: $75.00 Funds to be paid from 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 pwpose.
PREPARED BY: Trisha McPherson
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: March 8, 2005
,--
-
Item Number
Item Summary
Meeting Date
Ägenda Item No. 16H3
March 8, 2004
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H3
Commissioner Halas requests Board approval for reimbursement for attending the Lincoln
Day Fundraiser to be held at the Naples Beach Hotel and Golf Club on March 12, 2005
sponsored by the Collier County Republican Executive Committee. This fundraising event will
have two prestigious Congressmen as keynote speakers; $75.00 to be paid from
Commissioner Halas' travel budget.
3/8/2005 9:00:00 AM
Prepared By
Date
Trisha McPherson
Board of County
Commissioners
Executive Aide to the BCC
3/212005 11 :43:48 AM
BCC Office
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
Date
BCC Office
3121200511:51 AM
Approved By
Leo E. Oche, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3121200512:16 PM
Agenda Item No. 16H3
....._~
Agenda Item No. 1611A
March 8, 2005
Page 1 of 3
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
March 8, 2005
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1.
2.
3.
4.
5.
-
6.
7.
8.
9.
10.
11.
12.
13.
~'
H:Data/Fonnat
Historical & Archaeological Preservation Board· Notice that the
February 16, 2005 meeting has been canceled.
Collier County Tourist DevelQPment Council- November 22, 2004.
Development Services Advisoty Committee - Agenda for February 2,
2005; Minutes of February 2, 2005
The Ochopee Fire Con1rol District - Minutes for January 11, 2005.
Collier County Contractor's Licensing Board - Agenda for February 16,
2005.
Forest Lakes Roadway and Drainage M.S.T.U. - Agenda and Minutes for
January 27,2005.
Collier County Planning Commission - Agenda for February 17, 2005,
Minutes of January 6,2005.
Productivity Committee Meeting . Minutes of January 19, 2005.
Collier County Environmental Advisoty Committee - Minutes of January
5, 2005.
Golden Gate Beautification Advisory Committee - Agenda for February
8, 2005; Minutes of January 11, 2005.
Conservation Collier Land Acquisition AdvisoI)' Committee - Agenda for
February 14, 2005; Minutes of January 10, 2005.
Immokalee Beautification M.S.T.U. - Agenda for February 16,2005;
Minutes of January 19,2005.
Community Character Smart Growth Advisoty Committee - Agenda and
Minutes for October 6, 2004; October 25, 2005; and Infonnal Minutes for
November 10, 2004.
Agenda Item No. 1611A
March 8, 2005
Page 2 of 3
B. Other:
1) Caribbean Gardens Blue Ribbon Committee - Minutes of December 9,2004.
2) Special District Services. Inc - Ave Maria Stewardship Community District
Activity Update.
.-
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H:Data/Forrnat
Agenda Item No. 1611A
March 8, 2005
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
Meeting Date
1611
Miscellaneous Items to File for Record with Action as Directed.
3/8/20059:00:00 AM
Prepared By
Date
Kathleen Martinson
Administrative Aide to BCC
2/28/2005 1 :50:42 PM
Board of County
Commissioners
BCC Office
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
2/28/2005 2: 17 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
2/28/20054:35 PM
---_.~-~,.'.--
~-,
-
~
Agenda Item No. 16J1
March 8, 2005
Page 1 of 4
EXECUTIVE SUMl\fARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DESIGNATE
THE SHERIFF AS THE OFFICIAL FISCAL YEAR 2005 APPLICANT AND
PROGRAM POINT-OF-CONTACT FOR THE UNITED STATES DEPARTMENT OF
JUSTICE, BUREAU OF JUSTICE ASSISTANCE, EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, ACCEPT THE GRANT WHEN
A WARDED, AND APPROVE APPLICABLE BUDGET AMENDl\1ENTS.
OBJECTIVE: To seek approval from the Collier County Commission to designate the Sheriff
as the official applicant and point-of-contact for the United States Department of Justice, Bureau
of Justice Assistance fiscal year 2005 Edward Byrne Memorial Justice Assistance Grant (JAG)
application, accept the grant when awarded, and upon an award, approve applicable budget
amendments.
CONSIDERATION:
1. The Collier County Sheriff's Office has participated in anti-crime grant programs for 16
years.
2. This tenth year program is for the implementation of the fiscal year 2005 JAp - formerly
called Local Law Enforcement Block Grant (LLEBG) - to be administered by the United
States Department of Justice, Bureau or Justice Assistance.
3. The purpose of the JAG is to provide funds to underwrite projects to reduce crime and
improve public safety.
4. The United States Department of Justice has appropriated $131,069 to Collier County to
be used for purposes ofthe JAG.
5. This law enforcement initiative will support costs of criminal justice technica1 equipment
directly related to basic law enforcement program functions which is a Bureau of Justice
Assistance authorized purpose area. The Sheriff's Office application will request JAG
funds to procure currently unfunded in-car-video systems.
6. The Bureau of Justice Assistance has implemented an internet-based system to support
the JAG fiscal year 2005 applications.
7. Fiscal year 2005 JAG applications must be completed online.
8. The formal designee of the eligible jurisdiction is allowed to apply for funding.
9. Board approval is needed for: designation of the Sheriff as the official applicant and
point-of-contact for fiscal year 200S JAG funds; Board Chainnan Fred W. Coyle, or in
his absence, County Manager James V. Mudd, to respond to the Bureau of Justice
Assistance's online request to confirm the Sheriff as the official applicant and program
point-of-contact; acceptance of the grant when awarded; and approval upon award, of
applicable budget amendments.
FISCAL IMPACT: Potential $131,069 award of funds is for costs associated with the
procurement of approved grant purpose area criminal justice equipment. This would be an
outright award with no required local match or other expenditure.
Agenda Item No. 16J 1
March 8, 2005
Page 2 of4
GROWTH MANAGEMENT: Approval of this item will have no impact on growth
management.
RECOMMENDA TION: That the Collier County Commission agrees to designate the Sheriff
as the official applicant and point-of-contact for the United States Department of Justice, Bureau
of Justice Assistance, fiscal year 2005 Edward Byrne Memorial Justice Assistance Grant (JAG)
application, that the County's Chief Executive Officer respond to the Bureau of Justice
Assistance's online request to confirm the Sheriff as the official applicant, accept the grant when
awarded, and upon an award, approve applicable budget amendments.
PREPARED BY:
DATE:
February 22. 2005
JhlxsjagOS
· ----,.-.--..
Agenda Item No, 16J1
March 8, 2005
Pa
PIJ~o/~~ ~~ ~~
3301 East Tamiami Trail It" Naples. Florida 34112 - 4977
(239) 774-8097· Fax (239) 774-3802
DormaFiala
DI8trIct 1
Frank Halas
Oistrlcl 2
Tom Henning
Dlstric:l 3
Fred W. Co'/Ie
District 4
Jim Coletta
District 5
March 8, 2005
Justice Assistance Grant (JAG) 2005
Bureau of Justice Assistance Control Desk
810 Seventh Street, NW
Washington, DC 20531
Re: Designated Official
For JAG 2005 application
Ladies and Gentlemen:
Pursuant to a U.S. Department of Justice, Bureau of Justice Assistance
(BJA) Edward Byrne Memorial Justice Assistance Grant (JAG) compliance
requirement, as the Chairman of the Collier County Board of
Commissioners, I approve and designate Don Hunter, Sheriff, Collier
County, Florida, as the signing official and contact person for
application for JAG 2005 funding.
AftBS'1'
DWI8II! 1.Il1O&'"
Sincerely,
BY:
Fred W. Coyle
Chairman
Collier County Commission
Jhljagoa05
ApproveQ aa to form &. lega} p~J.~f~~¡.,,:";':
Ì>~ 1?J.~-~
~1. Count1 .A.t.íoney
Item Number
Item Summary
Meeting Date
Approved By
Michael Smykowski
County Manager's Office
Agenda Item No. 16J1
March 8, 2005
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J1
Recommendation that the Board of County Commissioners designate the Sheriff as the
Official Fiscal Year 2005 Applicant and Program Point-of-Contact for the United States
Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice
Assistance Grant (JAG) Program, accept the Grant when awarded, and approve applicable
budget amendments.
3/8/20059:00:00 AM
Management & Budget Director
Date
Office of Management & Budget
2/24/2005 9:06 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
2/24/2005 9:40 AM
Agenda Item No. 16J2
March 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
detennination whether the purchase orders opened from January 22, 2005 through
February 18, 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 22, 2005
through February 18, 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.
RECOMMENDA TION: That the Board of County Commissioners make a
detennination 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:
/ ít L--
, D k M. Johnssen
_/1\ccounting Manager
Date: z!z.>/ZCPS-
Reviewed and
Approved By:
Q.
Date:
,J[;.d a:
-
ce C. Murray
General Operations Manager
._,,,.,·~ø
Item Number
Item Summary
Meeting Date
Approved By
Michael Smykowski
County Manager's Office
Agenda Item No. 16J2
March 8, 2005
Page 2of2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J2
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 dated January 22, 2005 to February 18, 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, 2nd Floor, W. Harmon Turner Building,
3301 East Tamiami Trail, Naples, FL 34112.
3/8/2005 9:00:00 AM
Management & Budget Director
Date
Office of Management & Budget
2/28/2005 9:05 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/1/2005 10:30 AM
"..,-.
Agenda Item No. 16K1
March 8, 2005
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment as to Parcel 139 in
the lawsuit styled CoUier County v. John Aurigemma, et øl., Case No. 04-344-
CA (Vanderbilt Beach Road Project 63051).
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final
Judgment for payment of full compensation fur the taking of Parcel 139 in the lawsuit styled
Collier County v. John Aurigemma, et ai, Case No. 04-344-CA (Vanderbilt Beach Road Project
63051 ).
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$16,100 on July 15, 2004. The County and Respondents have negotiated a settlement of $22,500
for full compensation, inclusive of all fees and costs. If the settlement is approved, the County is
responsible for the following amounts:
· Additional DepositJDisbursement Amount:
. Expert Fees:
. Attorney's Fees:
TOTAL:
$6,400.00
Included.
Included.
$6,400.00
.-
Attached is the proposed Stipulated Final Judgment.
FISCAL IMP ACT: Funds in the amount of $6,400 are available in the FY 2005 adopted
budget. Source offunds 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 Parcel 139;
2. Approve the expenditure of funds as stated; and
3. Direct staff to pay the sum of $6,400 to Policastro & LeRoux, P .A. Trust Account, for
proper disbursement.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
,-
~-~"'..._.._-..~.,.,,,-,",,,,.>
Item Number
Item Summary
Meeting Date
Approved By
Sharon Newman
Transportion Services
Agenda Item No. 16K1
March 8, 2005
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Recommendation to approve a Stipulated Final Judgment as to Parcel 139 in the lawsuit
styled Collier County v. John Aurigemma, et aI., Case No. 04-344-CA (Vanderbilt Beach
Road Project 63051).
3/8/20059:0000 AM
Accounting Supervisor
Date
Transportation Administration
2124/200510:37 AM
Approved By
Lisa Taylor
Transportion Services
Management/Budget Analyst
Date
Transportation Administration
212412005 11: 13 AM
Approved By
Kevin Hendricks
Transportion Services
Right Of Way Acquisition Manager
Date
Transportation Engineering and
Construction
212412005 11 :56 AM
Approved By
Norm E. Feder, AICP
Transportion Services
Transportation Division Administrator
Date
Transportation Services Admin.
212412005 12;49 PM
Approved By
Ellen T. Chadwell
County Attorney
Assistant County Attorney
Date
County Attorney Office
2124/20053:22 PM
Approved By
Eugene Calvert
Transportations Services
Principal Project Manager
Transportation Engineering and
Construction Management
Date
2/24/2005 3:43 PM
Approved By
David C. Weigel
County Attorney
County Attorney
Date
County Attorney Office
2/25/200511:07 AM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
2125/2005 11 ;36 AM
Approved By
Agenda Item No. 16K1
March 8, 2005
Page 30f9
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 2/25/20058:36 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 2/28/2005 8:12 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 2/28/20058:55 AM
Commissioners
Agenda Item No. 16K1
March 8, 2005
Page 4 of9
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
v.
Parcel No.:
139
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COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No.
04-344-CA
-
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JOHN AURIGEMMA, et a1.
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Q)
Respondent.
I
I
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner. by
.-
and through its undersigned counsel, and Respondents, ALEX J. DUPUY and MARIE G.
DUPUY, by and through their undersigned counsel. for entry of a Stipulated Final Judgment as
to Parcel No. 139, 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, ALEX J. DUPUY and MARIE G. DUPUY, and the Court being otherwise
fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED' that Respondents, ALEX J. DUPUY and MARIE G.
DUPUY have and recover from Petitioner, COLLIER COUNTY, the sum of Twenty-Two
Thousand Five Hundred and No/IOO Dollars ($22,500.00) for Parcel No. 139 as full payment
for the property herein taken. severance damages and for all other damages of any kind and
nature resulting to the remainder. subject to the satisfaction of all liens, mortgages, and
encumbrances and subj~ct to payment to the Tax Collector of Collier County for ta.'(es due, if
any, inclusive of attorney's fees, expert witness fees and costs incurred; and it is further
"_. '~·_~_____h.
Agenda Item No. 16K1
March 8, 2005
Page 5 of 9
ORDERED that title to Parcel No. 139 (Road right-or-way sidewalk, utility, drainage and
maintenance easement) being fully described in Exhibit "A" attached hereto and incorporated
herein. which vested in Petitioner pursuant to the Order of Taking dated June 29, 2004, and the
deposit of money theretofore made, is approved, ratified, and conf1rmed; it is further
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book 3489, Page 1908 of the Public Records of Collier County, Florida be
dismissed as to Parcel No. 139; and 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
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 and ADJUDGED that within thirty (30) days of the entry of this Stipulated
Final Judgment, Petitioner Collier County, shall pay Respondent ALEX 1. DUPUY and MARIE
G. DUPUY the sum of $6,400.00 to satisfy this judgment, this being the difference between the
original deposit of $16,100.00 previously paid to Respondents, and the final award herein; it is
further
ORDERED ard DIRECTED that P~t1tioner shall remit a check payable to Policastro &
LeRoux, P .A. Trust Account, as and for payment of the aforementioned, and forward said check
in the care of Anthony V. Policastro, Esq., Policastro & LeRoux, P.A., 28050 U.S. Hwy. 19
North, Suite 500, Clearwater, FL 33761 for proper disbursement.
ORDERED and ADJUDGED that this resolves the issue of full compensation to
Respondents and there shall be no further award to Respondent ALEX J, DUPUY and MARIE
G. DUPUY.
2
Agenda Item No. 16K1
March 8, 2005
Page 6 of 9
----.
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, Flori~ this _ day of
,2005.
TED BROUSSEAU
CIRCUIT COURT JUDGE
Conformed copies to:
Ellen T. Chadwell, Esq.
Anthony V. Policastro, Esq.
Wells Fargo Home Mortgage
E. Glenn Tucker, Esq.
Bookkeeping
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
r-
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Dated:
Final Judgment as to Parcel 139.
ól
Dated:
A HONY V. POLICASTRO, ESQ
Florida Bar No. 0937932
POLICASTRO & LEROUX, P.A.
28050 U.S. Hwy 19 North, Suite 500
Clea!"Water, Florida 33761
(727) 712-1137 - Telephone
(727) 712-9465 - Facsimile
ATTORNEY FOR RESPONDENTS
ALEX J. DUPUY & MARIE G. DUPUY
ELLEN T. CHADWELL, ESQ.
Florida Bar No. 0983860
Hannon Turner Building
County Attorney Office
3301 Ea..c¡t Tamiami Trail, 8th Floor
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
3
Agenda Item o.
March 8, 2005
Page 7 of9
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 on the Service List on this _day of
,2005.
ELLEN T. CHADWELL, ESQUIRE
4
SERVICE LIST
CoJljer County v. John Aurigemma, et aI.
PARCEL 139
Alex & Marie Dupuy
c/o Anthony V.Policastro, Esquire
Policastro & LeRoux, P.A.
28050 U.S. Hwy 19 North, Suite 500
Clearwater, Florida 33761
Wens Fargo Home Mortgage
Attn.: Do1Jy VanFleet, X3907-01M
5325 Spectrum Drive
Fredrick, MD 21703
Collier County Tax ColJector
c/o E. Glenn Tucker, Esq.
RHODES. TUCKER & GARRETSON
P. O. Box 887
Marco Island. FL 34146
-- - - --- --
Agenda ¡{em No. I oK I
March 8, 2005
Page 8 of9
V AN.DERBIL T BEACf-I ROAD
EXISTING 170' ROW
PeRPETUAL, NON..£XCt.U8IVE
ROAD RIGHT ..QF-w\Y. CIRAINAGE
N¥J llTIUTY EA8EMENT
BEING A PART OF 1HE NORTH 105 FEET OF 'THE NORTH
160 FEET OF TRACT 20, GOLDEN GATE ESTATES UNIT
95, PLAT BOOK 9. PAGE 45 OF mE PUBLIC RECORDS
OF COLUER COUNTY, FLORIDA, AND BEING MORE
PARilCULARL Y DESCRIBED AS FOLLOWS: .
COMMENCING AT mE NORTHWEST CORNER OF SAID
TRACT: '
THENCE ALONG 1HE NOR'TH LINE OF SAID TRACT NORTH
69'31'02" EAST 50.00 ÆET TO THE POINT OF
BEGINNING; .
THENCE CONilNUE ALONG SAID NORTH UNE NORTH
69'31'02" EAST 61.66 ÆET;
THENCE LEAVING SAID NORm LINE SOUTH 02"56'14"
WEST 105.19 FEET TO 1HE SOU1H LINE 01" THE 'NORTH
1 OS' OF lHE NORTH 160' OF SAID TRACT: '.
THENCE ALONG SAID soum LINE SOUTH 89"31'02~ WEST
55.52 !"EET TO ITS INTERSECTION WITH '!HE EAST UNE
OF A 100 FOOT ROADWAY EASEMENT PER SAID PLÀT;
THENCE LEAVING SAID SOUTH UNE NORTH 60"26'58" '.,
WEST ALONG SAID EAST LINE T05.00·i'EET TO THE·". ~
- - - POINT OF BEGINNING. .~ . .;
CHE~~:OOO CONTAINING D.(Z40 E5'Mo~:i 0 ~ '.'
. ./ '.. '.~' ".,
'1}.) _ .
ANDREW B, BECK, P.S.I.1. (FOR 'THe: FIRM)
FlA~C. ,AO. 6065
t?s/ /tJ4-- (DATE SIGNED)
No-r V LID WITHOUT THE SIGNATURE AND
1HE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERTlf1CATE OF AUTHORIZA nON LB *43
COLUeR 00I..INlY CEPAA1ME'IIIT
OF TRANSPORTATION
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mACT 18
'TRACT 19
P.D.C.
TRACT 17
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S89'.J1 02"W SOUTH 75' OF
I THE NOR"JH 180'
I OF mACT 20
IlL IQ
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SOUTH 150'
OF TRACT 20
'TRACT 16
WEST 1/2
OF TRACT
21
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TH AVENUE S.W.
~O· ROADWAY EA EMENT
-=-1
GOLDEN GATE ESTATES
UNIT 95,
PLAT BOOK 9. PAGE 45
TRACT 22
EVlSED PARCEL d:S/05!0
SED 03/03/2003
NO" fI305f PAACI\. 110, ; 138
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09. 2003 - 08;2Q,13 KlHOIIPSO Xi\SUI!\D42H\VANDy\IL372-A.dwg
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o 50' '00' 150'
SCALE: '" "" , 00'
Natee:
1. thill Is'rlat a IIUrvll)'.
2. Ballls of bearIng III thll East line of
Logan Boulovard being N 00'28'56- W
florida state Plarle CoordInates NAO 83/90,
East Zono.
3. SUb ]ect to oas"monts, reservation" and
r1Istrh:tlon8 of record.
4. Easements shown h"reon are per plot.
unless otherwise 'noted.
5. ROW repnl8ents RIght of Way.
6. P.O.B. represents PoInt of Beginning.
7. P.O.C. repruents Point of Commencement.
OescrlptJon:
a:.JENT:
SIœTCH AND Del3CRIP1lQN
DAn.
l1:li.2002
PAOoI£CT Nt¡"
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Agenda Item No. 16K2
March 8,2005
Recommendation that the Board authorize staff to open a Purchase Order for ~éJllj 5
Preston Robinson & Co., P .A., to be used as an expert witness and consultant for the County
in the acquisition of wellfield easements for the "South County Regional Water Treatment
Plant 20-MGD Wellfield Expansion" (SCRWTP) Project No. 70892, for an amount not to
exceed $50,000.00.
EXECUTIVE SUMMARY
OBJECTIVE: To authorize staff to open a Purchase Order for the hiring of Gerson, Preston,
Robinson & Co., P.A. as a business damage expert and consultant for the County in the
condemnation of wellfield easements for the "South County Regional Water Treatment Plant 20-
MGD Wellfield Expansion", for an amount not to exceed $50,000.00.
CONSIDERATIONS: On January 11,2005, the Board approved Resolution No. 2005-42 (CWS
2005-01), which authorized the acquisition of land by condemnation for the "South County Regional
Water Treatment Plant 20-MGD Well field Expansion". This Resolution represented the best of
three wellfield routing and layout alternatives presented by Staff. It had the least environmental
impact, the lowest cost and required less property condemnation than the other options.
.....'....."
A number of businesses are currently operating within a portion of the planned acquisition area,
creating the potential for business damage claims against the County. Staff is anticipating at least
one business damage claim as a result of the project. Pursuant to statute, the County will be required
to respond within 120 days of receipt of a claim. In order to plan appropriately, minimize the
potential risk of such claims and reduce the cost to the County, it is necessary to employ the use of a
business damage expert to serve as a consultant and, if necessary, to aid in responding to any
business damage claims that may be filed against the County. Additionally, if a trial becomes
necessary, a business damage expert will be needed to serve as an expert witness for the County.
Staff has obtained proposals from Gerson, Preston Robinson & Company, P.A.; Gregory, Sharer &
Stuart, PA.; and Morgenstern, Phifer & Messina, P.A. We have selected Gerson, Preston, Robinson
& Company, P.A. because oftheir extensive experience and success in eminent domain proceedings.
Gerson, Preston, Robinson & Co., P.A., estimates that, due to the existence of multiple businesses,
pre-trial costs could potentially total $50,000.00.
. Proposed Purchase Order Amount:
550.000.00
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. The hourly rate schedule for Gerson, Preston, Robinson & Co., P.A. is attached.
FISCAL IMPACT: Funds in the amount of $50,000.00 are available in Project 70892 -
"SCRWTP 20-MGD Wellfield Expansion" and are included in the FY05 Capital Improvement
Budget approved by the Board on September 23, 2004. Source of funds are Water Impact Fees
(Fund 411).
..J~,
GROWTH MANAGEMENT IMP ACT: This Project is needed to meet f\1ture !>R!,a~l~ water
demands. This project is included in and consistent with the 2003 W ater MasteNfáW~~4~
the Board on May 25,2004 as Agenda Item 10 (D). Page 2 of 5
RECOMMENDATION:
1. To authorize staff to open a Purchase Order for Gerson, Preston, Robinson & Co., P.A., for
an amount not to exceed $50,000.00;
2. Approve the expenditure of funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant COWlty Attorney
-
Agenda Item No. 16K2
March 8, 2005
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K2
Meeting Date
Recommendation that the Board authorize staff to open a Purchase Order for Gerson,
Preston Robinson & Co., P.A., to be used as an expert witness and consultant for the County
in the acquisition of wellfield easements for the "South County Regional Water Treatment
Plant 20-MGD Wellfield Expansion" (SCRWTP) Project No. 70892, for an amount not to
exceed $50,000.00
3/8/20059:00:00 AM
Prepared By
Date
Jeffrey C. Clapper
legal Assistant
2/8/2005 4:49:02 PM
County Attorney
County Attorney Office
Approved By
Porfirio E. Gramatges, P.E.
Sr. Project Manager
Date
Public Utilities
Public Utilities Engineering
2/8/2005 5:00 PM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/9/2005 9:39 AM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
2/9/2005 11 :20 AM
Approved By
William D. Mullin, PE
Principal Project Manager
Date
Public Utilities
Public Utilities Engineering
2/11/20058:54 AM
Approved By
Roy B. Anderson, P.E.
Public Utilities Engineering Director
Date
Public Utilities
Public Utilities Engineering
2/24/200511:15 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
2/24/20053:54 PM
Approved By
James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
2/25/200510:39 AM
Approved By
Agenda Item No. 16K2
March 8, 2005
Page 4 of 5
David C. Weigel County Attorney Date
County Attorney County Attorney Office 2/25/2005 11 :04 AM
Approved By
OMS Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 2/25/200511:37 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 2/25/20058:43 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 2/28/2005 9:19 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 2128/200510:56 AM
Agenda Item No. 16K2
March 8, 2005
Page 5 of 5
GERSON. PRESTON. ROBINSON & CO.. P.A.
HOURLY RATES
Partners
$165.00/ hour
$125.00/ hour
Managers
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 performance of such services.
Agenda Item No. 16K3
March 8, 2005
Page 1 of 5
,-
Executive Summary
Recommendation for the Board of County Commissioners to Approve an
Agreed Order for Payment of Appraisal Fees in Connection with Parcel No.
1 in the Lawsuit Styled Collier County v. Francisco Lemus, et aL, Case No. 03-
2788-CA (13tb Street Project #69068).
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for payment
of appraisal fees incurred in connection with Parcel No. 1 in the lawsuit styled Collier County v.
Francisco Lemus, et at., Case No. 03-2788-CA (13th Street Project #69068).
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$154,500 into the registry of the Court on September 19,2003. The County and Respondent
have negotiated a settlement in the amount of $169,950 which was approved by the Board on
September 14, 2004.
To conclude this matter, the County is required to pay reasonable expert fees incurred by
Respondent in the defense of this matter.
. Appraisal Fees:
$3.400.00
,-,..
TOTAL:
$3.400.00
Attached is the proposed Agreed Order.
FISCAL IMPACT: Funds in the amount of $3,400.00 are available in the FY 2005 adopted
budget. Source of funds are Gas Taxes.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Order as to Parcel No.1; and
2. Approve the expenditure of funds as stated.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
~
Agenda Item No. 16K3
March 8, 2005
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K3
Meeting Date
Recommendation for the Board of County Commissioners to Approve an Agreed Order for
Payment of Appraisal Fees in Connection with Parcel NO.1 in the Lawsuit Styled Collier
County v. Francisco Lemus, et aI., Case No. 03-2788-CA (13th Street Project #69068).
3/8/2005 9:00:00 AM
Prepared By
Date
Heidi F. Ashton
Assistant County Attorney
2/23/20059:10:06 AM
County Attorney
County Attorney Office
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportion Services
Transportation Administration
2/23/2005 11 :00 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
Transportion Services
2/23/2005 3:58 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
2/24/20057:13 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
2/24/2005 11 :06 AM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
2/24/2005 3:46 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
2/25/2005 11 :15 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
2/25/200511:28 AM
Approved By
--.,~-_._._".
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
2/25/2005 1 :00 PM
Office of Management & Budget
Agenda Item No. 16K3
March 8, 2005
Page 3 of 5
Approved By
Leo E. Ochs. Jr.
Board of County
Commissioners
Deputy County Manager
Date
2/27/200512:10 AM
County Manager's Office
Agenda Item No. 16K3
March 8, 2005
Page 4 of 5
IN THE CIRCUIT COURT OF THE T\VENI1ETII JUDlcw.. CIRCUIT
IN AND J'OR COLLIER CO'VNTYt FLORIDA
ava AmON
COLLIBR. COUNTY~ FLORIDA. a
political subdivision of tne State of
Florida,
Petitioner,
Case No.: 03-278B-CA
Puœl No.: 1
vs.
FRANCISCO LEMUS, et &1.,
RcspoødeDC8.
I
AGREED ORDER
'11DS CAUSE, haviUS come before !be Court upou Joint Moti.on øde by Petitioner,
COLUBR COUNTY. FLORIDA, by and throush the uøderaiøÐed C01mSeI, and Responda1t.
F'IlANCISCO LBMUS. by aod throu¡b his. ~i&ned cmmseI. for entr.y of an A¡reed Older. and
the Comt, beiDa fUlly advised in the preø'lises. it is hereby
ORDERED AND ADJUDGED that Respondent, PRANCISCO LEMUS, receive from
Petitioner~ COLJ.JER COUNTY, FLORIDA, the sum ofTllree tb01lllnd '0.... H1I1Idred DoUars
&ad Nol100 ($3401.00) for appraisal fees iJ1currod in C011J1ection with Parce1 No.1; it is further
ORDBRED that Petitioner, COLLIER COUNTY~ FLORIDA, .ball cJisburse the sum of
Three Thouaad 1I'0ur Bulired DoBars ud Nol100 (S3400.oo) to the PORMAN HANRAITY
.I; MONTGOMERY TRUST ACCOUNT c/o Charles R.. Forman, BsquiJe, 320 NW Third Avenue,
0ca1ø, FL 34478 for tbe beaefit of Respondent. FRANCISCO LBMUS.
.. "",~._;,,..._..--......-
Agenda Item No. 16K3
March 8, 2005
Page 5 of 5
DONE AND ORDERED this _ day of
_ 2005 in Napl~ Collier County,
F1oride.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton, Esquire
Charles R. Fo~ Esquire
Thomas C. Palmer, Esquire
E. Glenn Tucker, Esquire
Bookkœping
JOINT ManON
The Parties. by aud tbroush their undcøiped ~ hcrœy J2H)W for euIry of the
fo.œgoiD,g Agreed Order as to Pan:el No. t.
Dated:
~~cS' .
Dated:
~~..~
VANESSA THOJ.\IIAs' ESQ1JIRE
FJoridaBarNo.: 0t'10~~
FORMAN H.A.NRATTY & MONrOO:MBR. Y
320 NW Third Avenue
Oœ1a, FL 34478
(352) 732-3915 . Telephone
(352) 351-1690 - Facsimile
ATTORNEY FOR RESPONDENT
49
HEIDI F. ASIITON, ESQUIRE
F10rida BarNo.: 966770
COUNTY A1TORNEY'S OFFICE
Harmon Tumer Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774--0225 - Fa.csimile
ATTORNEY FOR PETITIONER
Agenda Item No. 16K4
March 8, 2005
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve the Agreed Order as to Parcel 102 in the
lawsuit styled CoWer County v. Tree Plateau Co., Inc., et aL, Case No. 03-
0519-CA, Immokalee Road Project 60018.
OBJECTIVE: That the Board of County Commissioners approve the Agreed Order with
Respondent, Crown Castle GT Company, LLC, in the lawsuit styled Collier County v. Tree
Plateau Co., Inc., et ai., Case No. 03-0519-CA.
CONSIDERATIONS: On May 22,2003, an Order of Taking was entered in Collier County
Circuit Court regarding the fee simple acquisition of Parcel 102 for the Immok:alee Road project
(Project No. 60018). On June 27,2003, a Stipulated Final Judgment was entered with the court,
between the County and the property owner of Parcel 102, Kristal Ferguson aIkIa Kristal D.
Shatp-Ferguson.
-^
Respondent, Crown Castle GT Company, LLC, has a tenancy interest in the subject property and
appeared in the action to ensure continued access to its cell tower on the parent tract. Pursuant to
statute, the Respondent is entitled to reimbursement of reasonable attorney's fees and costs
incurred for the defense of its interest arising out of the fee simple acquisition of Parcel 102.
Through negotiations, the parties have agreed upon the following terms of payment to Crown
Castle GT Company, LLC:
· $1,500.00 - Relocation of Respondent's fence
· $8,625.00 - Attorney's Fees (pursuant to § 73.092, F.S.)
· $6.700.00 - Engineering Fees (pursuant to § 73.091, F.s.)
TOTAL: $16,825.00
Staff has reviewed the County's obligations stated in the Agreed Order and considers them to be
reasonable.
FISCAL IMPACT: Funds in the amount of $16,825.00 are available in the FY 05 adopted
budget. Source of funds are Gas Taxes and/or Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Order;
2. Approve the expenditure of funds as stated; and
3. Direct staff to make payments as specified in the Agreed Order.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
,-..
Agenda Item No. 16K4
March 8, 2005
Page 2of6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K4
Meeting Date
Recommendation that the Board of County Commissioners approve the Agreed Order with
Respondent, Crown Castle GT Company, LLC, in the lawsuit styled Collier County v. Tree
Plateau Co., Inc, et aI., Case No. 03-0519-CA. (Immokalee Road Project Number 60018)
3/8/20059:00:00 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
2123/20052:24 PM
Approved By
Usa Taylor
Management/Budget Analyst
Date
Transportlon Services
Transportation Administration
2123/2005 2:37 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
Transportion Services
2123120054:07 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
2/2412005 7:21 AM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
21241200510:11 AM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
212412005 3:48 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
2/2512005 11 :12 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
2/2512005 11 :48 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
2/28/20059:08 AM
Office of Management & Budget
Agenda Item No. 16K4
March 8, 2005
Page 3 of 6
Approved By
Leo E. Ochs. Jr.
Board of County
Commissioners
Deputy County Manager
Date
2/28/2005 9:29 AM
County Manager's Office
Agenda Item No. 16K4
March 8, 2005
Page 4 of 6
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CML ACTION
COLLmR COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 03-0519-CA
Petitioner,
Parcel No.: 102
vs.
TREE PLATEAU CO., INC., et at,
Respondents.
I
AGREED ORDER
THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLmR COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
CROWN CASTLE GT COMPANY LLC, by and through its undersigned counsel, for entry of an
Agreed Order, and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
to Respondent, CROWN CASTLE GT COMPANY LLC, the sum of Fifteen Hundred DoUars
and No/tOO ($1500.00) fur the relocation of Respondent's fence; it is further
ORDERED that Respondent, CROWN CASTLE GT COMPANY LLC, receive from
Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eight Thousand Six Hundred Twenty-
Five Dollars and No/tOO ($8625.00) fur attorney's fees and costs pursuant to Section 73.092, F.S.;
it is further
"',.n.
-,..,._,.,._--"."-,~.-
Agenda Item No. 16K4
March 8, 2005
Page 5 of 6
ORDERED that Respondent, CROWN CASTLE GT COMPANY LLC, receive from
Petitioner, COLLIER COUNTY, FLORIDA, the sum of Six Thousand Seven Hundred Dollars
and No/tOO ($6700.00) for engineering fees incurred in connection with Parcel 102; it is further
ORDERED that except as provided herein, no attorney fees or other costs shall be awarded
in connection with the above-styled cause of action as it relates to Respondent, CROWN CASTLE
GT COMPANY LLC, and Parcel No. 102; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of
Eight Thousand Two Hundred Dollars and No/tOO ($8200.00) to the STEWART & KEYES,
P.L. TRUST ACCOUNT, c/o William A. Keyes, Jr., Esquire, P. O. Drawer 790, Fort Myers, FL
33902-0790 for the benefit of Respondent; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of
Eight Thousand Six Hundred Twenty-Five Dollars ($8625.00) to William A. Keyes, Jr., Esquire.
STEWART & KEYES, P.L., P. O. Drawer 790, Fort Myers, FL 33902-0790 for attorney's fees and
costs; it is therefore
DONE AND ORDERED this _ day of February, 2005 in Naples, Collier County, Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton, Esquire
William A. Keyes, Esquire
John M. LeRoux, Esquire
Fred S. Werdine, Esquire
Mary A. Doty, Esquire
E. Glenn Tucker, Esquire
Bookkeeping
Agenda Item No. 16K4
March 8, 2005
Page 6 of 6
02/11/2005 15:35 FAK 239 ~34 7941 STEWART a KEVES
¥ab-1T-Da . VI:&lpl Frar-Callilf County At1Drna~ +TT'DZII
III Oð4/004
1-408 P.DD4IÐ04 F-B61
JOINT MOTXON
Tho Parties., by and thtoU¡!1 t1Udr undentpd ~. heteby roavr; for e:ntry of the
~ A¡teed OrdBr as to Parœ1102.
01'
~ .,'
Dø:ð:
. ;?
.
,
."
/7
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,..
E~ ).
D~
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~I~~N~ r-,
FlarldaBI1'No.: 09~O·
O'p.P'1C:E OF".IHB COUNTY ATTORNEY
Ha:a:non TW11crr lMldtnc
3301 J!uE Tam!ami TraIl
NapJea,:fL 34112
(239) 774-8400 - Te1ephoøe
(239) 114-022$ - Pøimile
A'ITORNBY PaR P1f.llllONER
;/
WILLIAM A:DU, .
PlmIdaBarNo.: OlSl638
STEWAItT.!k iŒY2S ,P.L.
P. O. Drawer 790
PM M)'Ø. FL 33902-0790
(239) 334-7477 - Te1eponc
(239) 334-7941 - Facsimilo
ATrORNEYPOR RBSPONDBNT
Agenda Item No. 16K5
March 8, 2005
Page 1 of 10
EXECUTIVE SUMMARY
--
Recommendation to approve the Mediated Settlement Agreement with
Respondents, David and Barbara S. Burgeson for Parcel No. 170 in the lawsuit
styled CoUier County v. Thomas F. Salzmann, et aL, Case No. 03-2SSO-CA
(Golden Gate Parkway Project 60027).
OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement
Agreement for payment of full compensation for the taking of Parcel 170 in the lawsuit styled
Collier County v. Thomas F. Salzmann, et al., Case No. 03-2550-CA
CONSIDERATIONS: The County acquired the subject property by depositing the sum of
$12,600.00 on October 2,2003. The County's last written offer was $15,000.00. At mediation the
County and Respondents negotiated the proposed settlement of $22,000.00 as full compensation for
the taking of Parcel 170 and all damages to the remainder property.
If the mediated settlement is approved the County is responsible for the following costs:
,-.
· Additional Deposit/Disbursement Amount:
· Appraisal Fees:
· Engineering Fees:
· Statutory Attorney's Fees *
· TOTAL COST:
$9,400.00
$4,500.00
$3,250.00
$3.227.40
$20,377 .40
* Attorney's Fees are mandated by s. 73.092, F.s., and are based on 33% of the difference between
the settlement amount and the initial offer, i.e., 0.33 X ($22,000 - $12,220).
FISCAL IMPACT: Funds in the amount of $20,377.40 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 Mediated Settlement Agreement;
2. Authorize entry of a Stipulated Final Judgment based on tenns the Mediated Settlement
Agreement, and authorize payment accordingly.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
~'
Agenda Item No. 16K5
March 8, 2005
Page 2 of 10
-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
16K5
Recommendation to approve the Mediated Settlement Agreement with Respondents, David
and Barbara S. Burgeson for Parcel No. 170 in the lawsuit styled Collier County v. Thomas F.
Salzmann, et aI., Case No. 03-2550-CA (Golden Gate Parkway Project 60027).
3/8/20059:0000 AM
Item Number
Item Summary
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
Transportion Services
2/24/2005 12:03 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
2/24/2005 12:51 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
2/24/2005 12:53 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportion Services
Transportation Administration
2/24/2005 3:02 PM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/24/2005 3:27 PM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
2/24/2005 3:50 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
2/25/200511:11 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
2/25/2005 11 :42 AM
Approved By
Agenda Item No. 16K5
March 8, 2005
Page 3 of 10
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 2/25/2005 9:46 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 2/28/2005 9:37 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 2/28/2005 5:01 PM
Agenda Item No. 16K5
March 8, 2005
Page 4 of 10
IN THE CIRCUIT COURT OF THE TWENTIETII JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY. FLORIDA
.CIRCUIT CIVIL DIVISION
COLLIER COUNTY, a po1itical
subdivision of the State of Florida.
Petitioner,
Case No.: 03~2550-CA
v.
Parcel No.: 170
THOMAS F. SALZMANN, et al. .
Respondents.
/
MEDIATED SETrLEMENf AGREEMENT
At the Mediation Conference held on January 28. 2005, the parties reached the
following Settlement Agreement:
1. Petitioner will pay to Respondent{s), David M. Bmgesonand BarbaraS.
BurR:eso~ the swn of $ ~~. 000. O¿) in full settlement of all claims for
compenSation from. Petitioner whatsoever, including statutory interest, but excluding attorney's and
experts' fees and costs. Said sum will be subject to claims for apportionment, if any.
2. Petitioner is entitled to a credit in the amount of $ 1.2 t. 0 (J. t) D
which was previously deposited in the Registry of the Court in this case by Petitione/.
3. Counsel for Petitioner and Respondent(s) will jointly submit to the
Court for signature a mutually approved Stipulated Final Judgn1ent in this matter as soon as practical
hereafter lJ~'" l\iþT P-"Ú::1 i1- '-6 T~K. I$~T"T'""t!.P...t:...N",.. ~ J! rf(1:, &.;><I¿;'rIl.4L:.,'1I,;vq
r-'£e-.s 7i€r~~t!ÑCLlJ ,tV P'6~A'~pA1' ;t t>,c r"'fL ,.I(..a~~",^,", .,.,~ .,..,,~~ 1f!J~E,Nr.
4. . PetitionerwillpayRespondent(s)1hebwancedueof$ 7.401). 00
within 3 ð days of the actual date of receipt by Petitioner's counsel ofa coDÍonMd copy of the
aforesaid Stipulated Final Judgment from the Comt.
· .
Agenda Item No. 16K5
March 8, 2005
Page 5 of 10
S. This agreement is subject to the approval of the Board of County
Commissioners of Collier County.
6. The Court will retain jurisdiction herein as to the matter of
Respondent's(s')l\.attomey' s fees and experts~fees and costs.
.s ~ I' /..,..1.,tJ r¡q t- . ~N <: , Ñ E..f:. II! f ,..¡".
7. Attached hereto is an addendum to this Agreement.
/' Yes
No
This Agreement, dated January 28, 2005, and the attached addendum. if
the agreements of the parties.
etition , 01' r County
~ 'tJ~.
Attorney for Petitioner
~1~~
Attorney for Respondents
2
.
Agenda Item No. 16K5
March 8, 2005
Page 6 of 10
ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT
This settlement is made subject to the following additional conditions:
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to'J (å l,.j l!.Jt. 'R ( ~ ~ rtCc:..5 AND r n 5~. -:ü s::..Fc=:tJMN r s
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~£.50L..v - W J'11 . A - r:..-c:.. H - R.I N G. .
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Mediator
~Q.A". ^LV'J.. ~
Attorneys for Respondents
Agenda Item No. 16K5
March 8, 2005
Page 7 of 10
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CML ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Petitioner,
Case No. 03-2550-CA
v.
Parcel No.: 170
THOMAS F. SALZMANN, et ai,
Respondents.
I
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by
and through its undersigned counsel, and Respondents, DAVID M. BURGESON and
BARBARA S. BURGESON, by and through their undersigned counsel, for entry of a Stipulated
Final Judgment as to Parcel No. 170, 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, DAVID M. BURGESON and BARBARA S. BURGESON,
and the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, DAVID M. BURGESON and
BARBARA S. BURGESON, have and recover from Petitioner, COLLIER COUNTY, the sum
of Twenty Two Thousand and 00/100 ($22,000.00) for Parcel 170 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. 16K5
March 8, 2005
Page 8 of 10
ORDERED that Petitioner will be entitled to a credit for the good faith estimate of value
previously deposited in the amount of $12,600.00; it is further
ORDERED that Respondents, DAVID M. BURGESON and BARBARA S.
BURGESON, receive pursuant to Florida Statutes §73.092(1), as a reasonable attorney's fee, the
sum of Three Thousand Two Hundred Twenty-Seven and 40/100 Dollars ($3,227.40).
Except as provided herein, no attorney's fees, shall be awarded in connection with the above-
styled cause of action as it relates to Parcel No. 170; it is further
ORDERED that Respondents, DAVID M. BURGESON and BARBARA S.
BURGESON, receive ftom Petitioner, COLLIER COUNTY, engineering fees in the sum of
Three Thousand Two Hundred Fifty and 00/100 Dollars ($3,250.00); it is further
ORDERED that Respondents, DAVID M. BURGESON and BARBARA S.
BURGESON, receive ftom Petitioner, COLLIER COUNTY, appraisal fees in the sum of Four
Thousand Five Hundred and 00/100 Dollars ($4,500.00); it is further
ORDERED that Petitioner, COLLIER COUNTY, shall pay Respondents, DAVID M.
BURGESON and BARBARA S. BURGESON, within thirty (30) days hereof, the total amount
of Twenty Thousand Three Hundred Seventy-Seven 40/100 Dollars ($20,377.40) made
payable to FORMAN, HANRATTY & MONTGOMERY TRUST ACCOUNT, C/o Vanessa
Thomas, Esquire, P.O. Box 159, Oca1a, FL 34478-0159 for proper disbursement in accordance
with this order; it· is further
ORDERED that title to Parcel No. 170, a Road right-of-way, sidewalk, utility, drainage
and maintenance, being fully described in Exhibit "A" attached hereto and incorporated herein,
which vested in Petitioner, COLLIER COUNTY, pursuant to the Order of Taking dated
2
Agenda Item No. 16K5
March 8, 2005
Page 9 of 10
September 19, 2003, 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 3322, Page 0259 of the Public Records of Collier County, be dismissed as
to Parcel No. 170; 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
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 the terms of Mediated Settlement Agreement entered into by the parties on
January 28, 2005, are incOIporated herein and made a part hereof; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is further
ORDERED that the Court reserves jurisdiction for enforcement of this order; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, this _ day of March,
2005.
TED BROUSSEAU
CIRCillT COURT JUDGE
Conformed copies to:
Ellen T. Chadwell, Esq.
Vanessa Thomas, Esq.
Bank of America.
Bookkeeping
3
Agenda Item No. 16K5
March 8, 2005
Page10of10
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 170.
Dated:
Dated:
VANESSA THOMAS, ESQUIRE
Florida Bar No.
FORMAN, HANRATTY & MONTGOMERY
P.O. Box 159
Ocala, FL 34478-0159
239/ 338-4206
239/337-0970
ATTORNEY FOR RESPONDENTS
DAVID & BARBARA S. BURGESON
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
COUNTY ATTORNEY'S OFFICE
Hannon Turner Building
3301 East Tamiarni Trail
Naples, Florida 34112
239/774-8400 - Telephone
239/ 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
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 March, 2005.
ELLEN T. CHADWELL, ESQUIRE
David and Barbara S. Burgeson
C/o Vanessa Thomas, Esquire
Forman, Hanratty & Montgomery
P.O. Box 159
Ocala, FL 34478-0159
Bank of America
flkla NationsBanc Mortgage Corporation
C/o Randall Kennon, Esq.
Bank of America Legal Department
MC CA9-796-08-02
555 S. Flower St.
Los Angeles, CA 90071
4
Agenda Item No. 17 A
March 8, 2005
Page 1 of 26
-,
EXECUTIVE SUMMARY
V A-2.004-AR-6793 Leobardo & Maritza Gutierrez represented by Daniel D. Peck, of Peck
and Peek, are requesting a 5-foot after-the-fact variance in the "E" Estates zoning district
from the minimum required 75-foot front yard setback, along 4"" Avenue N.E. (southern
boundary), to allow a 70-foot front yard setback for a single-family home that is currently
under construction.
OBJECTIVE:
The petitioner requests an after the fact variance ftom the required 75-foot ftont yard setback in
the "E" Estates zoning district to allow them to maintain a 70-foot :tront setback; the amount of
variance requested is 5 feet.
CONSIDERATIONS:
-
The applicant seeks a variance to allow a single-family home currently under construction on the
subject site to remain located within 70 feet of the south front right-of-way (ROW) line rather
than 75 feet as required by the "E" Estates zoning district. According to the site plan, the home
meets all other required building setbacks.
The setback encroachment was discovered by a spot survey, after the contractor placed the
foundation and built the concrete block walls for the first floor. The mistake in the setback was
caused by the surveyor using the property line as the starting point for measuring the ftont yard
setback on 47th Avenue N.E., which is in the midd1e of the right-of-way, rather than the edge of
the right-of-way as required in the Land Development Code (LDC) The architect's plans called
for a lOO-foot setback :trom the edge of the 4 7th Avenue right-of-way, however, because the
surveyor used the property line which is 30-feet fÌ"om the edge of the right-of-way, the home
ended up 5 feet too close to the edge of the right-of-way. When the eITor was discovered, the
County told the builder he must move the foundation or obtain the variance now being requested.
FISCAL IMPACT:
Approval of this petition will have no fiscal impact on Collier County.
GROWTH MANAGEMENT IMPACT:
The site is located in the Estates Land Use Designation on the County's Future Land Use Map.
This land use category is described in the Growth Management Plan (GMP) as follows:
--.
The Estates Land Use Designation encompasses lands which are already
subdivided into semi-rural residential parcels (2.25 acres as an average)
essentially consisting of the Golden Gates Estates Subdivision.
Page 1 of3
Agenda Item No. 17 A
March 8. 2005
Page 2 of 26
Policy 4.1 of the Future Land Use Element (FLUE) notes that a Golden Gate Area Master Plan is
in effect for this area as well. The Golden Gate Area Master Plan places the subject property
within the Golden Gate Estates area, which:
is characterized by low density semi-rural residential lots with limited
opportunities for other land uses. Typical lots are 2.25 acres in size. However,
there are some legal, non-conforming lots as small as 1.14 acres.
The Golden Gate Area Master Plan and the Growth Management Plan do not address individual
variance requests; these Plans deal with the larger issue of the actual use. As previously noted,
the subject petition seeks a variance to allow construction of a single-family home, which is an
authorized use in this land use designation, therefore, the actual use is consistent with the Future
Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the
subject site is consistent with the Future Land Use Element, although the variance request is not
specifically addressed.
ENVIRONMENTAL ISSUES:
There are no unusual environmental issues associated with this petition.
ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION:
The EAC did not review this petition because the EAC does not nonnally hear variance petitions.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on
which a determination by the Collier County Planning Commission (CCPC) and the
Board of Zoning Appeals (BZA) must be based. The legal considerations are reflected in
the CCPC evaluation of the listed criteria in Chapter 9.04.03 of the LDC. These
evaluations are completed and have been incOIporated into the attached staff report. A
summary of the legal considerations and findings are noted below:
· Are there special conditions and circumstances existing, which are peculiar to the
location, size, and characteristics of the land, structure, or building involved?
· Are there special conditions and circumstances, which do not result from the action
of the applicant, such as pre-existing conditions relative to the property, which is
the subject of the variance request?
· A literal interpretation of the provisions of the LDC work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
· The variance, if granted, will be the minimum variance that will make possible the
reasonable use of the land, building, or structure and which promote standards of
health, safety, or welfare.
· Granting the variance requested will not confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands, buildings, or
structures in the same zoning district.
.-'
Page 2 of3
Agenda Item No. 17 A
March 8, 2005
Page 3 of 26
· Granting the variance will be in hannony with the intent and purpose of the LDC,
and not be injurious to the neighborhood, or otherwise detrimental to the public
welfare.
· There are natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation, such as natural preserves, lakes, golf course,
etc.
· Granting the variance will be consistent with the GMP.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The Planning Commission heard this petition on February 17, 2005. After listening to the
petitioners representative and staff, the Commission recommended 6-0 to approve the petition
subject to the condition included in this summary and the Resolution..
RECOMMENDATION:
Zoning and Land Development Review staff recommends approval of the variance subject to the
following conditions:
-
1. The variance granted is limited to the after-the-fact nont yard encroachment for the house
under construction, as depicted and more particularly described in the applicant's site plan
entitled, .. Variance Petition Exhibit," dated December 29,2003. This site plan is included
as Exhibit A;
2. If the residential dwelling structure is destroyed for any reason to an extent equal to or
greater than 50 percent of the actual replacement cost of the structure at the time of its
destruction, all reconstruction of the structure and accessory structures must confonn to the
provisions of the Land Development Code in effect at the time of reconstruction.
PREPARED BY:
Robin Meyer, AICP, Principal Planner
Department of Zoning and Land Development Review
-...
Page 3 of3
Agenda Item Nü. 17 A
March 8. 2005
Page 4 of 26
COLLIER COUNTY
BOARD OF COUN'TY COMMISSIONERS
^--
Maotlng Data
17A
Thifi item reQuirel1. th.t IU participønls 10 bl'! swom in amd eXwpnrte dísclo5ure bf'l provid"d by
CommIssion memb"I'!I, VA~20~·AR:·S793 Leobardo & MfuitZA Gulîerrez Nlprennted by
Danre! D. Þeck, af f)eCk and Peck, ort: requesttng a 5-101>\ atter-the-tSI,.1 vanancfI In the ·E"
F-st3te.s zoninQ distrIct from the mInimum required 75-foot troF'lt yard 5Stþ8c.k, /Ilona ..7th
AvemJft N.E. (l'Iouthern boundary), to alklw a ?O-faot front yard Sletback for a 5ingle·f¡¡mlly
home that Is cummUy under constructIon.
31612005 a:DD:OD AM
Item Number
flam Summary
Approved By
Su...n Murr.Y'. AIC'" Zoning'" Land D4!I\lcIDpm.nt Dlr.ctot Date
CClmlft~nlty D..velopmenl ... 2/18/20061:12 PM
e;nvlronO'Ktntal Snrvlc.e. Zoning & Land Dell.topmant Review
Approved By
Sandra Le. EJ.ec:uti'le Sec,.,.ry Oat"
Commurljty Oe....lopm.l1t & commutl11y O......loprneMt" 212212005 12 :22 PM
Environmenta'Srorvioea Envlroftm.ntal Bervic... Admin.
Approved By
Con.tllnçe A. JOÞflSDn Operation. Anaiyø¡ Date
Conununlty Development & Community Development & 21:2212005 2:12 PM
El1virDnnmnt.ISeuvl<:eø Envlmnmtl!l1t. SCtVlceN Admin.
Approved By
R;ay Ðlflllow$ Chi..' Pflllrtl1er D.la
Communl1y D......loprnent & 2122/20D5 6:14 PM
E"vlronnlenlol 9.rv.l~a. Zl)nl"9 .. l.and Developme"t rt.vlew
Approved By
.J~eph K. S.chmlU Comn'un ty Ojlvelopmel1t & n...
F.:rwlranment.' Servlc"" Admlnetr.tor
COfl\lnunity Dillvelopm.nt & Co,n,nunlty De.....l0J:lment" 21'22/2006 5:40 PM
EnvlmnmCtnt.1 SetV ç,.,ø e"v¡rnnmlllt1t..15~vlcltlø Admin.
Approved By
Pmrick Q. White Au/at.nt County AUnt"..y D.~CI
County Attorney County Attorn.)' Offìce 21,2',/.2D05 9:09 AM
Approved By
ONB Caordinlltor Admln,.tratl\le A..lst8nt Dat.
County M.lnlger'. Office O" c::~ of M.tnagflmCItlt & Budget 21251200510:55 AM
Approved By
M.r'< I..achen Budg..t An'I.,..r 0...
County M.uuayer'5 Offictl Of'l'ico 01 Mln' ,1e'n l t & f:hntgert 21161200512:57 PM
Approved By
Mlchul Smykow.kr M4Inilg..rntHlt & Budotrt Olreø1or O.t«
County M.".ga,'. OftlQCI Offi~4I of Mlln.gœm !'nt & Bud{ at 2/2812005 10:3G AM
Approved Br
Ltto E. 0011.. .Jr. Deputy County Managar Date¡
Bo,ud or County
Commiulonll" CQunty MAn..gor'. ONI<:& ,21281200$ 1:5:) PM
Agenda Item No. 17 A
. March 8, 2005
Page 5 of 26
eolllr County
- '--~ -
SUPPLEMENTAL STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNI1Y DEVELOPMENT & ENVIRONMENTAL SERVICES DMsrON
DATE:
FEBRUARY 17,2005
RE:
PETITION: V A-2004-AR-6793 GUTIERREZ VARIANCE.
SUPPLEMENTAL STAFF REPORT
SUPPLEMENTAL ANALYSIS:
The Collier County Plannìng Commission was scheduled to hear this petition on January 20, 2005.
However, the petitioners failed to properly place the notification sign on the property and the petitioners
were therefore forced to continue their public hearing until February 17, 2005. The applicant's
representative now has the language approved for the sign and has made arrangements to insure that it
will be in place on the subject property 15 days prior to the public hearing consistent with the
requirements of the LOC.
Baaed on the facts in this case, the Zoning and Land Development Review staff recommendation remains
the same. Staff recommends that the Collier County Planning Commission recommend approval of
Petition V A-2004-AR-6793 to the Board of Zoning Appeals. subject to the following condition:
1. The variance granted is limited to the after-the-fact ftont yard encroachment for the house
under construction. as depicted and more particularly descn"bed in the applicant's site plan.
ATTACHED INFORMATION:
The Staff Report prepared for the January 20, 2005 Planning Commission meeting is attached.
PREPARED BY:
ROBIN D. .MEYER, AICP. PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
DATE
REVIEWED BY:
RAY BELLOWS, MANAGER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
DATE
SUSAN MURRAY, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITI, ADMINISTRATOR
COMMUNI1Y DEVELOPMENT & ENVIRONMENTAL
SERVICES DMSION
DATE
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. BUDD, CHAIRMAN
DATE
2
'-'__-<-'-' .".>.~- _ ,'"'1111" --,..,.,~
Agenda Item No. 17 A
March 8, 2005
Page 6 of 26
Agenda Item No. 17 A
March 8, 2005
Page 7 of 26
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPAR1MENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVEWPMENT & ENVIRONMENTAL SERVICES DMSION
HEARING DATE: JANUARY 20, 2005
SUBJECT: PETITION V A-2004-AR-6793
PROPERTY OWNER/AGENT:
OWNER:
Leobardo & Maritze Gutierrez
4885 ] 2th Street NE
Naples, Florida 34102
AGENT: Daniel D. Peck
Peck & Peck
5801 Pelican Bay Blvd. #103
Naples, Florida 34108
REOUESTED ACTION:
The applicant is requesting an after-the-fact variance in the "E" Estates zoning district ftom the
minimum required 75-fuot ftont yard setback, along 47th Avenue N.E. (southern boundary), to
allow a 70-foot ftont yard setback for a single-fimtily home that is currently under construction.
The amount of variance requested is 5 feet
GEOGRAPHIC LOCATION:
The subject parcel is located at 1815 47th Avenue N.E. ftn1her described as the West 180 feet of
Tract 49, Golden Gate Estates Unit 60 in Section 12, Township 48 South, Range 27 East, Collier
County, Florida.
VA-2004-AR-6793 January20, 2005
Page 1 of 8
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Agenda Item No. 17A
March 8, 2005
Page 8 of 26
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March 8, 2005
Page 9 of 26
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PURPOSElDESCRIPTION OF PROJECT:
Agenda Item No. 17A
March 8, 2005
Page 10 of 26
The applicant seeks a variance to anow a single-tàmily home currently under eonstmction on the
subject site to remain located within 70 feet of the south front right-of-way (ROW) line rather
than 75 feet as required by the site's "E" Estates zoning. According to the site plan the home
meets all other required building setbacks.
The setback encroachment was discovered by a spot survey, after the contractor placed the
foundation and built the concrete block walls for the first floor. The mistake in the setback was
caused by the swveyor using the property line which is in the middle of the right-of-way, rather
than the edge of the right-of-way as required in the LDC as the starting point for measuring the
front yard setback on 47th Avenue N.E. The architects plans called for a 100-foot setback from
the edge of the 47th Avenue right-of-way, however, because the surveyor used the property line
which is 30-feet ftom the edge of the right-of-way, the home ended up 5 feet too close to the
edge of the right-of-way.· When the error was discovered, the County told the builder he must
move the foundation or obtain the variance now being requested.
SURROUNDING LAND USE & ZONING:
SURROUNDING:
North:
East:
South:
West:
Vacant lot zoned Estates
Vacant lot zoned Estates
47th Avenue N.E. and then a vacant lot zoned Estates
18th Street N.E.and then a vacant lot zoned Estates
VA,2004-AR-6793 January20, 2005
Page 4 d 6
42
SQ
71
40
51
52
69
Agenda Item No. 17A
March 8, 2005
Page 11 of 26
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The site is located in the Estates Land Use Designation on the County's Future Land Use Map.
This land use category is described in the GMP as follows:
The Estates Land Use Designation encompasses lands which are already
subdivided into semi-rural residential parcels (2.25 acres as an average)
essentially consisting of the Golden Gates Estates Subdivision.
Policy 4.1 of the FLUE notes that a Golden Gate Area Master Plan is in effect for this area as
well. The Golden Gate Area Master Plan places the subject property within the Golden Gate
Estates area, which:
is characterized by low density semi-rural residential lots with limited
opportunities for other land uses. Typical lots are 2.25 acres in size. However,
there are some legal, non-conforming lots as small as 1.14 acres.
The Golden Gate Area Master Plan and the Growth Management Plan do not address individual
variance requests; these Plans deal with the larger issue of the actual use. As previously noted,
the subject petition seeks a variance to allow construction of a single-family home, which is an
authorized use in this land use designation, therefore, the actual use is consistent with the Future
Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the
subject site is consistent with the Future Land Use Element, although the variance request is not
specifically addressed.
ANALYSIS:
Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning
Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the
provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to
assist the Commission in making a determination. Staff has analyzed this petition and offers the
responses to the items in Section 2.7.5.6 as follows:
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
No. The County approved a site plan that met the regulations in the LDC. However, when
the spot survey was completed it revealed that the building had been incorrectly located on
the site. It was then realized that the surveyor had used the property line to measure the
building setbacks instead of the right-of-way line which resulted in the building being
located 5 feet too close to the south front ROW line.
b. Are there special conditions and circumstances, which do not result from the action
of the applicant such as pre-existing conditions relative to the property, which is the
subject of the variance request?
VA-2004-AR-8793 January 20, 2005
Page5c1B
Agenda Item No. 17 A
March 8, 2005
Page 12 of 26
No. The variance is required due to an error in measuring the setbacks.
The contractor used the incorrect starting point and as a result ended up with the home 5
feet too close to the south front ROW line.
c. Will a literal interpretation of the provisions of this zoning code work unnecessary
and undue hardship on the appHcant or create practical difficulties for the applicant?
Yes. If the variance is not approved, the homeowner would be subject to a undue hardship
because they would have to demolish the ftont of the house and rebuild it. In addition due
to the existing 70 foot setback being provided along with the 60 foot right-of-way and a
required 75 foot setback for a home being built across the street, which would result in a
200 foot plus separation between any structures it does not seem practical or reasonable to
require that the existing building be moved back 5 feet.
d. Will the variance, if granted, be the minimum variance that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
Yes. The variance proposed is the minimum variance to allow a reasonable use of this
structure (as it is shown on the site pIan) as a confonning structure. Approval of the
variance should not have a negative impact upon the standards of health, safety and
welfare.
However, a reasonable use of the land could have been achieved by constructing a house
meeting the required minimum setbacks.
e. Will granting the variance confer on the applicant any special privilege that is denied
by these zoning regulations to other lands, buDdings, or structures in the same zoning
district?
No. Granting minor variances I of this nature does occur on an irregular basis so there are
other homes in the Estates zoning district that have been granted variances.
f. Will granting the variance be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the pubHc welfare?
Yes. Although approval of this variance would allow a house to be constructed closer to
the front road right-of-way line than other houses in the Estates zoning district, approval of
the variance should not have a negative effect upon the neighborhood as a whole, and
would not be detrimental to the public welfare. Any perceived detriment would be to the
property owner, because the house would be located closer to the road than other homes.
g. Are there natural conditions or physically induced conditions that ameHorate the
goals and objectives of the regulation such as natural preserves, lakes, golf courses,
etc.?
Yes. The house will be no closer to surrounding homes when they are eventually built, it
VA-2004-AR·6793 January 20, 2005
Page6of8
Agenda Item No. 17 A
March 8, 2005
Page 13 of 26
will just be 5 feet closer to the road. There is still 60 feet of road right-of-way and the
required setback for the lot across the street to separate structures when a home is built. In
staffs opinion, the 200 foot distance between the home for which the variance is being
requested and any home that will built across the street in the future is an ameliorating
factor and adequately addresses compatibility.
h. Will granting the variance be consistent with the Growth Management Plan?
Approval of this variance petition will not affect or change the requirements of the Growth
Management Plan.
EAC RECOMMENDATION:
The Environmental Advisory Council does not nonnally hear variance petitions, and did not bear
this variance.
RECOMMENDATION:
Staff has analyzed the guidelines associated with the variance request, and has detennined that
although there is no land-related hardship associated with this variance, there are several
ameliorating factors. These factors include: The separation distance ftom any home built across
47th Avenue N.E. will be a minimum of 205 feet, which is more than adequate. There are no side
yard encroachments. In addition, the subject property owner would be the most affected by any
negative impacts associated with the home's location nearer the roadway. Staff would also note
that this is a minor request that would be eligible to be handIed as a Administrative Variance if it
were an existing building with a certificate of occupancy. Zoning and Land Development
Review staff recommends approval of the request subject to the following conditions:
1. The variance granted is limited to the after-the-fact 1Ì"ont yard encroachment for the house
under construction, as depicted and more particularly described in the applicant's site plan
entitled, .. Variance Petition Exhibit," dated 2004. This site plan is included as Exhibit A;
2. If the residential dwelling structure is destroyed for any reason, to an extent equal to or
greater than 50 percent of the actual replacement cost of the structure at the time of its
destruction, all reconstruction of the structure and accessory structures must conform to the
provisions of the Land Development Code in effect at the time of reconstruction.
VA-2004-AR-6793 January 20. 2005
Page 7 eX 8
Agenda Item No. 17 A
March 8, 2005
Page 14 of 26
PREPARED BY:
ROBIN D. MEYER, AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
REVIEWED BY:
RAY BELLOWS, MANAGER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
SUSAN MURRAY, AICP, DIRECTOR
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DMSION
DATE
RUSSELL A. BUDD, CHAIRMAN
DATE
Tentatively scheduled for the February 8, 2005, Board of County Commissioners Meeting
Attachments: A.
B.
Site Plan
Conditions
VA-2004-AR-6793 January 20. 2005
Psg.8rA8
RESOLUTION OS-_
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY RELATING TO
PETITION NUMBER V A-2004-AR-6793, FOR A 5-
FOOT AFTER-TIŒ-FACT VARIANCE FROM THE
REQUIRED 7S-FEET FOR A FRONT YARD SETBACK
TO 70-FEET ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
Agenda Item No. 17 A
March 8, 2005
Page 15 of 26
WHEREAS, the Legislatme of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of
particular geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of a request for as-foot after-the-fact variance
trom the required 7S-foot ftont yard setback set forth in LDC section 2.03.01.B.1.a. to 70-feet
as shown on the attached plot plan, Exhibit "A", in an "E" Estates Zoning District for the
property hereinafter described, and has found as a matter of fact that satisfactory provision
and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land
Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA that
The Petition V A-2004-AR-6793 filed by Peck & Peck, representing Leobardo &
Maritza Gutierrez, with respect to the property hereinafter described as:
West 180 feet of Tract 49, Golden Gate Estates, Unit 60, according to
Plat thereof, recorded in Plat Book 7, Page 62 of the Public Records of
Collier County, Florida.
be and the same hereby is approved for as-foot after-the-fact variance fÌ"Om the required 75-
foot tront yard setback set forth in LDC section 2.03.01.B.1.a. to 70-feet as shown on the
attached plot plan, Exhibit "An, of the "E" Zoning District wherein said property is located,
subject to the following conditions:
Exhibit "B"
Page 1 of2
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
V A-2004-AR-6793 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2005.
ATTEST:
DWIGHT E. BROCK., CLERK.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FWRIDA
BY:
FRED W. COYLE, CHAIRMAN
Approved as to Fonn
and Legal Sufficiency:
Patrick G. White
Assistant County Attorney
V A-2004-AR-67931RM11d
Page 2 of2
Agenda.ltem No. 17 A
March 8, 2005
Page 16 of 26
.i
Agenda Item No. 11f\:
March 8, 2005
Page 17 of 26
....<t(. :;,
,.. ,
.
~;.! . -.¡
V~CEPETlTION
(V A1UANCB FROM BBT.BAΠ(8) R.BQt1IRBD FORA P .ART!CtJI.AR..ZONINa Dmnuqr)
Commission District:
. V A-2004-AR-6793
Dato Petition R.ooeivod: _PROJECT #2004060007
DATE: 11/9/04
, PlaJ:m$r ABs:ignod: ,ROBIN MEYER
, --
Petition No.
ABOVB TO DE COMPLBT.ICD BY BTAB'J'
GENERAL 1NJ'ORMATION:
Petitioner's Name:
LeGbardo Gutierrez & Maritza Gutierrez
. .
Petitionelr'sÅddrClBs:. ASS' 12th Street NE
, .
'. .Naples, Florida 34120
FaI:
, .
TolOþhono: 216-5621
E-Mail AcldroBB: .
Agentt. N:~: . DAniel D. Peck. Peck & Peele
. .
. ,
Agant'8~8:' 5801 Pelican 'Bay Blvd., 1103, Naples, Florida 34108
.T~n~: 239-566-3600
·E-Mail Addroøs:P.èks5801@.AOL.com
. .
Psx#: 239-:-566-3977
. .
.. :Be ,:ware tJiat Comer COlmty h.8B l~bbyfBt re¡ulatlon,. Gu1de'your,elt accord1n¡l1 ~d
ensure that yoû'are In compHanee with these reguIatloJ1l.· '
-
COLLDm.COUN';rY coMMUNITY ~EVELOP~'
DEP.o;UtTMENT OB ZONING AND LAND DEVELOPl\œNT'UVIEW
2800 ~. RORBEBirOE DlUVE - NAPLES, FL. 341a4
, PHONE (941) 403.2400~AX (941) 643-6968'
..
-
Pare 1:· . - Rev1sed 4/03
..
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, ,
Agenda ijem No. 17 A.
March 8, 2005 .
Page 18 of26
" Comp~to tho followiDg for'.n AsIOoiatiOn(t) _tod ~th t1iis'poi¡tion. (Pr?vido adtUtional
shoots ifnocouary) :" ': '. , . .
'..1.1.
. Name ot Homeowner Assoctation: N/ Å
. ,
Mailing A4dress
City
state 0\-- Zip
Name ofHomoowner Assooiation: N/ Å
Msillng Address
City
Stato ____ Zip'
Name ofHomoowner A880oi~~
MaüiD,g Addross
City
Stàte_~
Name of Muter .Á.r8octatlbn: N./ Å
M&iIiDg AddroBB
qtty
~---~.
Name of Civic Alsodat(on:.
HI A
Mailing .A.ddnea
~.
State ~ Zip
. PROPERTY DESCRIPTlOt{: .
Lògal. Doscriptìon of SubjeotP:opCll:ty:
$ubdivision: Golden Gate .Estates UDit ,60
Section 12 Twp. 48 ' Rango 27
Acreage Numbœ- :
,
r,J~~
T~(.) 49
Block (8)
. ~ertr I.D, f! .39655'120005
M:~tes & Bounds Delcr1pt1on: West 180 feet of Tract 49 t Go+dén Gate Estates
Unit 6G, Plat-Book 7, Paae 62, Collier County, tlorida Pub~i~ Records
I .
Addreøs of Subj~ct Property: ,1815' 4 7th Åv~nue W,' NaI11es. ,J?loirda. 34120
cIf~frou;1Potitionor'f addröu)
'.
1'./ I
Current Zon1n¡ and Land use óf SUbject Parcel:
. .--
Residential
-, Agendå Item No. 17A
March 8, 2005
Page 19 of 26
. I . '- ;-',
Znr\ì~3 ¡.S ~Sa~
~cijaoent Zoninr & Land Use:
~
~
N '~
S~
w €
E £
. Residential
R.fIIIl!Iidential
g...~ "ant-of .1
Res:Lden'tial
MfnfmltJD Yard Reqlltremenø for Subject Property:
. ~ .' .,
Front: 75' ié believed to be ComorLot: Yes [] No 0
70 feet but we are 'asking 69 feet
Side: 30
W_ftorit tot:
, .
Yes 0' No lï1
Rea:: 75
."
~..:.~ : :.~ "-' \
~~.,',;",..
..~~: .
:'.¡' ' ,.' .
.,
, r
Agendç¡ltem No. 174.... _: .' " '-:"
, Marcn 8. ~OO5' , .'
. Pag~ 20 of 26 ....
, .' ~
.'
"
.::. I
. Name oll.,tttton .
-
"
. .,
. 10-:
. 't' "'~I"'';'"
ProvtdO a ~ed exp1anattOl'1 o~ tb:ø requett ino1ù4fn¡ what Btnto~ are oxtttmi and W~nlJ
proposod¡ tho, amount of enoroa.onm !nÌt FOpo.ed UIÌIi$ .numben, i~ô. ·roèlu.oo :ð'ont .otbaok 'fifom
25' to is'; when property ownot'purob.uecl proP.orty; whon existin¡prinoipa1øWotu.rowas
öuJlt (iiÌoludo bull&¡ PomUt 'number (i) ifpolliblo); why enoroaohmont is 11Ò00I'&ry; how
existing enoroao.hmont òam~ to be;, oto.
, " Prop Art:T wa~ GUr~hA.ed. in : .Auau.t. 2000.
Constr-uction of a s1ngle family
. . ."
. reåidmice began on 9/17/2003' ..' under, buildin"g ,permit '2002090.941.· ",
. '. I..; .
It waS diecovèred during construction, after,the slab WBBpOU~~ and ch.
I . . ."' . .. "
, ' .
f±nt floor walls were' erect~. by a spot surve~ 'that the slab waa ap.proxiut
. "
f se ~ £rðm _ t:tUI§' ·frn.n~ ] nt. 'lin's ,rathsr' the.n thA raauirAd 75 feet dfJ.e to an
. . .' .
-f ft.....,..,......".. m-f .t-.¡'" "7 Rnnt-h.'I"'n ~tl1 ~ ~,..ftll4t':tl~~i..ð"_ I~ . &'ØparantlT ""-urad'
. .' .
. I. t
. fròm rlre. AdlÌA of t:hB r9ø.d· rather ~hÅD frOm the ceÎ:l.ter óf the road to -caWite
. . . . ,,' .
'~he' m!fta1ce. ' It is reauested that the- f~ODt ,setback- 'b'e red:uced ff:'~ 75 .
, .
flIII..r· t',p i\Q ~~~::'2'~h~~'" .,.~ ~ti]d l!O~t:' Äbbut: ~*60'..~ 'to~ relocate t"n. .1~Ò aDd..
it should ~dt m"'~e 'an? siGnif!c~nt (~fer.DC& to sur~ØUDding o~rs wñ,tbår
. . . -.
the hOU'B~ f'roM Betlþack: :Ls 6~'ør 7.5..feet from'thè road. , We he..,. rea.ueste.d
. .' .' I .. . .
'69 iee't as the final veriance. ·èven though' '~~e slab ap,pears' "
.'.
'.
to' be '70'
leet
fro, 'the
. '
road. to· allow for latitude. '
. . . .
. .
.'
. .'
"
, '
'. pieä.~ no~'1h&t Ita1f ~ the Co~· Òoumy P1a:aåmi ~~oÍ1'1haJl b~ ¡uicIocÍ ~ &fr ~~tJ¡tiœi to tho ,
;eolrd otZO%21n¡.AppeW. and ût 1þð Bô~ otzcmiD¡ appeaJllhaIl bt ¡ui4od zits c1o~.fjon tQ approve·or.
. =,:¿~~oe ~e~ by ~b$w 1fIted ~1ài! ~1.~), (Plt:,Oadd:ell:1hú ~~. W¡..add1U~, pa¡u If; "
.'
- I
.. .,.
Agenda Item No, 17A
. " - March 8, 2005 .' .
" " , . ' Page 21 Qf 26'
1. Are thøro IpOOial colld1tl~ and cÙ'CumltlDØOl åcmg whtcb. are ~ fI) tho location. .. 1114 ,
~ ottho lad, ItrI1ctare¡ or buildhtJ involved.- _ ' ' . .
Yes. ,the setback violation enroaches 'only on the road, not 'on
an ad;oinin, home. The violetion occ~~red beceuàe the,setback
had to be measured from' the road center. line rather than the èdle
of the road. which isu~usu~l.
. ,
2. Are thor& speciAl conditiOns and oåcumatanael which do nat reeu:1t fÌ'Om the action ottbÞ çpUœnt
ItIOh ~ prHXisemg OODdlttom roJativo to tho prqporty w!ùch II tb lUhjoot "ftho vadInt:e requeet.
Yes. the violation occurred because the subcontractor Southern.
,
Gulf Construction' inadvertently con!tructed the ~lab' within the
front setback area because it aPÐarently did not realize it
.
should have ~asured ~rom the center of the road rather than
frQm the Ad¡a af tha road.
"
3. wm a Ji'faraI ~,¡4vta~n of the ~ otthiJ ZOIIiDJ. åodo work 1~'ary and ~
~ on. Cbe appUoant or area1.Is praotloal cW!Iøultiel on tü appbzlt. .
Yes~ it. would cost about '~60.000 to re~oc.t~ the house (which
the åPD11cant ?ann~t afford)· and cause a delay in construction.
, ,
4. WID tho'~ jf Jt'IIDfed, be the mmm.11Q varJaDoo 1bat wi1l mako poafb1e tho n.uoDablo VIe of
tJao']md, builc1m8 or Itn1cturo and whiClhpromoœ.rIIndarda ofñea1th. .afotv or 'wÖ1ðire.
Yes. only a large enough variance of 5' to 6 'feet reouestedc.$Ò' that
. . . . ",
t?ehome is not in violation of setback reattirements.
5. wm ¡rmtfn¡ the varianc& ròqueated ~ o~ the pet11iour any lpOoial prlvile¡e that Ja de:Irlod by
, th.oao zon1n¡ ro¡uIationt 'to other!andl, bufidm.p, en 11ruotDre8 in the lame zcmin¡ diitr:I.ot.
No. the same residential use is permitted'in ,the ~onina district."
~
.." -' \.'
'. ..
. ..·Agenda Item No. 17A. .'
March 8; 200á,.......
Page 22 of 26 '...
, .
'.
. .
. 6. WID ¡rm1:ID¡ tho vufaDoè bo m hIm20ny ~ the mteJ1t.W p1Çoe otthù zo%ÚD¡ ~de, adnotb,
~ to, the De4hborhood. or ~.~trlrI:1mtI1 to tho ~Uø '\IVI11Ü't. .
y~, Þ the sadie re8id.entia:L 'use :1s. respected ~d tþ.e anl:rchSnss is.
. .' _.......~ ,
tíU!I front of the þ.cmsei'beinlZ 5 t..ø 6 feet clo,ser to the road but still
. '.
69 to 70,'A~~ IIlV"1, ~hi,* 111 not detr~mAnta1 and in: ·harmonY' with. the zOnin,
code.
-
7. J.n 1henDituni ~dJd03ll OJ: ~~ otmdtiom1Dat um1ioAtI tile aoaII ~ '
'objocCtvel oft!» tephtioa ~ ~ natvra1. FM~, Ja.bN, ¡o~~e... . .
Yes. the fact that the enroa¢bm.eD.t is 'on the ~ad ra~ than on .
the lot ,l1~e o~ ~ ~1.Rh.bO~1!,g .~ .håltNI 'usue that. the obje:ctives .
of the setback r.qutr~ts are still ach:I.e"ect.·
.'
8. WID ~ abø YÌ.tW2øè Do øœJIÛtIW with tbø powth maaqemeDtp]m
. . . .
. '.. . . .
Yes. the hœe use i" in accord' with use. periD1tted under' the
¡J"ðW1:b. mAf'!Uem8Ì1t :aian.
. .
w'" Section 2.7..2.3..2 (3) at the Land Developmep.t Code requ1ru aD appUcan.t to romove .
the1r p1lbJic heaJ.1Jnr advertfsfng lip (s) after t1nal.ac~on 11 taken by the Bòar~ of County .
COZI1ll:l1rSfOD6l'I. ~lBed on the Board', fhal action on th1I1tem; pleue remove an pubIJc .
heBri11:¡ advartfs1ng sign (.) 1mmed1ate1y' . .
..
, .
Map Output
Agenda Item No. 17 A
March 8, 200,5 .
Page 23 of ~ge 1 of 1
..-------.-
V A-2004-AR-6793 - -------------------_
PROJECT #200406
DA TE: 1119/04 0007
ROBIN MEYER
http://a:rc.collierappraiser.com!servletlcom.esri.csrimap.Esrimap?ScrviceName=ccpa _ dcsi... 10/20/2004
-
Collier County GIS - Zoning
Agenda Item No. 17A
March 8, 200~
Page 24 of 2Sage 1 of 1
Search for
Folio No.:
139655120005
l--,
.~
Collier County Zoning Informëltion
Search for Address:
Th",,, type ,n or select a house number and press Search to zoon
Street Name:
rv~ ,n ,)r sei'Kt ð str~t name and press Tab key when' eadv
House Number:
.:::l
.:J
l--,
V A-2004-AR-6793
PROJECT #2004060007
DATE: 1119/04
ROBIN MEYER
http://gis.colliergov.net/website/CDESZoninglzoning.cfm
I0120/20Q¿
09/0ß/04 08: 4. 7 FAX ,,94~.~436.~~8
,..-... 4 ~.-- ';--- ..... ...
COLLIER CO CODUNITY DBV Agenda Item No. 17A @002/(
March 8, 2005 .
_ .page 25 of 26
~...,-...","-",..,.,*,".."""¡.,-,,",,".,",>,.,.,,...'""""""""
~---'--"-'--'-
V A-2004-AR-6793
PROJECT #2004060007
DATE: 11/9/04
ROBIN MEYER
VARIANCE PETITION
PRE-APPLICATION MEETING NOTES
& SUBMI'ITAL CHECKLIST
Daœ: * Time: --91 ;~ PlODDer: ~IM~
projectName:.J:i.F'~n C .nN~AArTION
. Project AddrlLocation: 1 e /6' J..(?ft,. ~
Applicant Name: f)J:\.N ttE:W\MEJ<. Phone:~ J-3TJ£:""
Firm: J-tE.lV\\f'hi:=~· C ~N ~ ë:t;ON
Type of Petition: VP,~~ Current Zoning: E ~Iit&
Owner Name: LEDb~ .Q,¡.J-,~
Owner Address: 5f3.t..¡ I OS-~ ~ N Phone:
Meeting Attendees:
5TEAJ£. ~ E4\
L".Jð.ð... ~~~
SUBMITTAL REQUIREMENTS:
15 copies of completed Application
Addressing Checklist signed by Addressing Dept
Pre-applicatJon meeting notes
15 copies of Conceptua' Site Plan 24· X 36" plus (one 8 % X 11 copy)
Completed Owner/Agent Affidavits. Notarized
2 copies' of Deed
2 copies of List Identifying OWner & all parties of oorporation
Location map
5 copies of Aerial Photograph (taken within the previous 12 months)
09/0&/04 ..JI8: 48 FAX 9418438988
. ··r·... ..
COLLIER' CO COVV'l"ftl'Imv DBV . Agenda Item No. 17 A !':II
_un U March 8, 2005 ...003/00
Page 26 of 26
[J
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!
J(
4 copies of EIS or EIS waiver
4 coplet of TIS
4 cople. of UtUlty Provisions Statement with sketches
Electonlc copy of all ~ocuments and plana· (CDROM or Diskette)
Historical Surveyor waiver request
Property Owner Advisory Letter and Certlflcation
. Pre~appllcatlon Fee $600.00 (to be credited toward application fee below)
~ $?p'oo.OO
1:1 $6000.00
'ª $681.00
;g $206.00
. . 4X.,:~fød"b/~
Residential 't>~ ~. .' .
Non~Reafdential· .
Estimated Legal Advertising Fee ~ CCPC Meeting
Estimated Legal Advertising Fee~ BCC Meetfng
(any over- or under~payment will be reconciled upon receIpt of Invoice from
Naples Dalley News).
o $1600.00 EIS Review
Review Fee.:
OTHER REQUIREMENTS:
[J
[]
[]
[]
NOTES: . .
~""~ '
, ' . , ,_ . ' ., . ·(:>#J~6pl'n'
./2J::.Q.u I 'LEAJ. EtJrS... Lt::Tl€J2. oP /ù OT1c..s. ~~ SLI L~I
...}.:xn-1ç J:; ~I ~~)
Agent/OWner Signature
Date:
Agenda Item No, 176
March 8, 2005
Page 1 of 71
/,--
EXECUTIVE SUMMARY
POOZ-A-2003-AR-4942, Conquest Development USA, LC, requesting a POO to POO
rezone for the purpose of amending the Silver Lakes POO for property located on the east
side of Collier Boulevard (CR 951) and approximately one and three-quarter miles south of
Tamiami Trail (US 41), in Sections 10 & 15, Township 51 South, Range 26 East, Collier
County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCe) consider an application to rezone the
subject site from Planned Unit Development (PUD) to PUD for the purpose of revising the PUD
document to be consistent with the existing development within the project and to make sure that
the project is in hannony with all the applicable codes and regulations in order to ensure that the
community's interests are maintained.
This petition was scheduled to be heard by the BCC at the February 22, 2005 meeting, but due to
an error in the advertisement by the local newspaper this petition was rescheduled for the March
8, 2005 BCC meeting.
-- CONSIDERATIONS:
The approved Silver Lakes development is located on the east side of Collier Boulevard (CR
951) and approximately 1 3/4 miles south of the Tamiami Trail (US 41). The petitioner wishes to
amend the PUD document and Master Plan as follows: increase the conservation tract area from
3 to 26 acres, reduce the Park/TTRV (Travel Trailer Recreational Vehicle) area from 26 to 24
acres, reduce the buffer area from 5 to 3 acres, reduce the commons/recreation area from 97
acres to 78 acres, and to reconfigure the development tracts within the park. These changes are
the result of the State and Federal environmental permitting requirements and also the desire of
the applicant to provide an acceptable 9-hole golf course for the residents of the development.
FISCAL IMPACT:
The rezoning 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 permits 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
PUDZ-A-2003-AR-4942
EXECUTIVE SUMMARY
Page 1 of4
Agenda Item No. 178
March 8, 2005
Page 2 of 71
Impact Fees associated with the project. Other fees collected prior to issuance of a building
pennit include building pennit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value of the improvements.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMPACT:
The subject property is designated Urban - Mixed Use District, Urban Coastal Fringe
Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan.
The proposed rezone indicates the construction of a maximum of 400 parkfI'TR V lots and 160
recreational residential lots within the total project area of ±146 acres. The Land Development
Code (LDC) limits TIRV units to 12 dwelling units per acre and provides that the calculation of
residential density includes the total project acreage less the commercial or industrial
components and less components having a use with a residential equivalency (reference LDC
Section 2.03.06). Furthennore, the Future Land Use Element (FLUE) provides that commercial
and industrial components of a project cannot be utilized in residential density calculations. The
LDC classifies TIRV use as commercial.
If 53.3 acres of the PUD are used for purposes of calculating residential density for the 160
recreational residential dwelling units, the density is three dwelling units per acre. This leaves a
balance of 92.67 acres of the PUD to use for calculating the TIRV density for the 400 units,
resulting in a density of 4.32 dwelling units per acre. Accordingly, the residential density and
TTRV density were found consistent with the FLUE.
ENVIRONMENTAL ISSUES:
The Environmental Services staffhas reviewed an Environmental Impact Statement (April 2001)
(Exhibit "C") and the South Florida Water Management Pennit (September 12, 2002) and has
recommended approval subject to the conditions contained in Section 8.8'ofthe PUD document.
ENVIRONMENTAL ADVISORY COUNCIL ŒAC) ISSUES:
This petition was not required to go to the Environmental Advisory Council (EAC) because the
EAC had previously reviewed and approved this application on August I, 2001. Subsequently,
an alternative plan was submitted to the EAC on November 7, 2001, which was approved with a
recommendation to relocate the proposed western-most CommonslRecreation area to the eastern
side of the property. That recommendation was found not to be in confonnity with an approved
South Florida Water Management District easement and pennit through an Administrative
Hearing by the State of Florida, dated July 24,2002.
.-
PUDZ-A-2003-AR-4942
EXECUTIVE SUMMARY
Page 2 of4
Ag~nda Item No. 178
March 8, 2005
Page 3 of 71
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPe) heard this petition on January 20, 2005, and
by a vote of 9 to 0 unanimously recommended to forward this petition to the Board of County
Commissioners (BCe) with a recommendation of approval subject to the following conditions:
1. Revise Section 5.4 of the Silver Lakes MPUD to reflect that the existing Silver Lakes
Clubhouse does not meet current hurricane shelter criteria, and is not an approved County
Hurricane Shelter.
2. Section 8.8.H of the Silver Lakes MPUD shall remain worded as "Developer" as
originally approved.
3. With the exception of the "Common and Recreational Area" (CR) located on the
northwesterly portion of the property, the remaining "CR" property shall be turned over
to the property owners association after the improvements are completed.
It should be noted that several persons spoke in support of the proposed amendment during the
CCPC hearing. In addition, because the CCPC unanimously recommended approval, this petition
was placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
detennination by the Collier County Planning Commission (CCPC) and the Board of Zoning
Appeals (BZA) must be based The legal considerations are reflected in the CCPC evaluation of
the listed criteria in Chapter 9.04.03 of the LDC. These evaluations are completed and have
been incorporated into the attached staff report. A summary of the legal considerations and
findings are noted below:
· Are there special conditions and circumstances existing, which are pecùliar to the
location, size, and characteristics of the land, structure, or building involved
· Are there special conditions and circumstances, which do not result from the action of the
applicant, such as pre-existing conditions relative to the property, which is the subject of
the variance request.
· A literal interpretation of the provisions of the LDC work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
· The variance, if granted, will be the minimum variance that will make possible the
reasonable use of the land, building, or structure and which promote standards of health,
safety, or welfare.
,-
PtnD~A-2003-AJt-4942
EXECUTIVE SUMMARY
Page 3 of4
Agenda Item No, 178
March 8, 2005
Page 4 of 71
· Granting the variance requested will not confer on the petitioner any special privilege that
is denied by these zoning regulations to other lands, buildings, or structures in the same
zoning district.
· Granting the variance will be in harmony with the intent and pwpose of the LDC, and not
be injurious to the neighborhood, or otherwise detrimental to the public welfare.
· There are natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation, such as natural preserves, lakes, golf course, etc.
Granting the variance will be consistent with the GMP.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2003-
AR.-4942 that repeals Ordinance Number 91-90 as described by the Ordinance of Adoption and
exhibits thereto, the Silver Lakes PUD regulatory document, and adopts the new PUD regulatory
document attached here to.
PREPARED BY:
Michael 1. DeRUntz, C.F.M., Principal Planner
Department of Zoning & Land Development Review
PUDZ-A-2003-AR-4942
EXECUTIVE SUMMARY
Page 4 of4
Item Number
Item Summ.ry
Meeting Date
Ag""da Item No. 178
Maroh a. 2005
Pago 5 r'¡ 71
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17B
This Ï1t"..m hri~ been <,,ol1tinlled from Ihf. Fehrllllr'r 2~t 2005 Bee Mfteting. This Item requires
that aU pllrtic:lpams be sworn in And ex part*' disclosure br. providt!d by Cammisslnr¡
members PUDZ-A~2a03· AR~4942· ConQuest DewloplT'ltnt USA, LC. requesting 11 PUD to
PUP relone tor pmperty locAted on the Ea51 Side of Collier Boull!!vsrd rCR 961) nt'Id
approximately 1 3/4 Mile5 South of Tamiømj Trail (Us 41), further de!i~ribed 8$ Silver I..ltkes,
in Stlcllon10.\ 15, Townstllp!l1 Gouth, Rimgc 26 Eas.t, Collier County, Florida.
311!J2Q05 ~:OO:OO AM
Prepared By
2lT12005 4:2J.:Oá PM
Michael J. OI!)RUMt2
Cor",mullity Oev~ Öprn8"t &
Environment"' Smrvlr.u
D...
PnnciÞa! PI.""!!!r
ZQnlns¡ & L."d Dilfv~lo )mf¡nt Revlllw
D...
Approved By
R.y Bilfllowli
Community DltVetopment &
fn'olirtmmnntal Sctrvlc:..a
Chilt' PI.""ttr
Zaning .. Land Dev~Joþlnttllt ReYlew
21812005 3:29 PM
a.hl
Approved By
SU$UIf1 Muruy, A¡CP
C¡:,",mW(H(Y Oev.loprr\unt &
Envìronm«-nhll Ser...lf~S
7.( nlllg & 1..'lnri Devolnpm1wt OItN:10r
ZonIng Nt Land DI!....elopnltlnt HIt't/i~w
2tar20Ufi. 4:34 PM
D...
Approved By
Const<ln<:1! A. JI)¡"'u.()"
Comlnunity Development..
EII\lirufllneUlt.1 $ttfvic:ltlt:
OprrnHDnH AflatY41
Community Cevelopm.nt &
ElIyjro"mirtlt,,' S.tvlc... Admin
2/Y/2005 8:31 AM
r).te
Approved By
Sundr, Lea
Community OIllll\l.lopn\ent &
Elwironmlll'ntal ServÎce.
f:.x.cutlve Secretary
CommunIty DeYIII'!opmllllnt &
Environmental Service, Admin.
2/912005 8:J7 AM
[)¡¡te
Approved By
Don:lld L. Scott
lranllpartion SeNt.:1t1l
Trønlllportøtion F'lannlng Director
Tnlr l I.þartlltlnn Planning
219,.a005 :59 PM
O.,t",
Approved By
No.tm E. F!ldC!r, A CP
Tral'u~portlon SMIVlc..
irJln..portntfon Otvill¡OI1 A.dmini,tr«tm
TlanapD!tatlon Service, A\Jmln.
2110/2001) 9:5.9 AM
Daltt
Approved By
Joseph K $r,;htT1IU
Community Oev~ oJlment &
Envlrønmontal S~r....icn..
Community Df!vl!!opl'n.nt &
F.ulo'ironlnctfltlC:l SUrvl(:t lK Aamh\lttr.1l at
C<:Immunity Oevl!'!opment &
Environm..ntlll p'trr\f'lçes Admil'1.
2/~1120Q5 9:26 AM
D...
Approved By
OMB Cr,lQrdln..tnr
County M..".ger'1f Office
ActmjnJ.ctt¡rt 'lfj ! Aul,donl
OftJce of Maniltç ement & Budget
11;/8/2005 10:V7 AM
D..te
Approved By
M.rJorje M. Student
Counly Attorney
Aulat""t CCÞurrty Attornl!Y
COlli'll)' Attart'llt~ Offi':a
2/2$/2005 11 :OD AM
Datil!
Approved By
M.rklur.k$l)n
County MaIlNQ'er'!& O"ice
Budl1ltt Anillty,.t
O"ke of MIII1Hlyenulnt & aUdg&t
2/251.200& 7:55 AM
Do"
Approved By
MlchoJel 6m)'k'oWHkl
CO\Inty MJlnllge"If Office
M_nugenllllll'lt & audget Dlref;tOl
Offic.e Qf Man,'f jlflmont & Budqflt
2fZ8I2DOS 1:07 PM
Date
Approved By
Len E. Oeh..., Jr.
80..r" (If Coutlty
1~ '),"mj.tlioU,"r$
DClþutv Coynty MllnagDr
Co\mly MunIl.9,,'·ti O"il;:ft
212ð120Dli 5:19 PM
'._-'~.""---'-' ~
.-.-,._---
A~~6ß~
Page 6 of 71
eo1!lr County
- ~~--.. -- -'
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICESDMSION
HEARING DATE: JANUARY 20,2005
SUBJECT:
PETITION PUDZ-A-2003-AR-4942, SILVER LAKES PUD
AGENT/APPLICANT:
Owner: Conquest Development USA, L.C.
1001 Silver Lakes Blvd.
Naples, Florida 34114
Agent: Dwight Nadeau, AICP
RW A, Inc.
3050 North Horseshoe Prive, Suite 270
Naples, Florida 34104
REOUESTED ACTION: The petitioner is requesting a rezone from Planned Unit Development (PUD) to
PUD known as the Silver Lakes PUD for the purpose of revising the PUD document.
GEOGRAPIDC LOCATION: The subject POO is located on the east side of Collier Boulevard (CR 951) and
approximately 1 3/4 miles south of Tamiami Trail (U.S. 41) in Sections 10 and 15, Township 51 South, Range
26 East, Collier County, Florida. (See illustration on following page)
PUDA-2003-AR-4942, Silver Lakes PUD
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PETITION ·PUDZ. 2003· AR· 4842
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Agenda Item No. 1.7B
March 8, 2005
Page 7 of 71
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March 8, 2005. '. :.
Page 8 of 71
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Agenda Item No. 17B
March 8, 2005
'Page 9 of 71
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Agenda Item No. 1713
March 8, 2005
Page 10 of 71
I
PURPOSEIDESCRIPTION OF PROJECT:
The Silver Lakes PUD was originally approved by Collier County on May 22, 1990 and was subsequently
amended on September 21, 1991 (Ordinance Number 91-90). 'Ibis current request is to amend the PUD
Document and Master Plan to increase the area of the conservation tract from 3 to 26 acres, reduce the
ParkfITRV area from 26 to 24 acres, reduce·the buffer.area:&om 5 to 3 acres, reduce the commons/recreation
area from 97 acres to 78 acres. and to reconfigure the development tracts within the park. These changes are the
result of the State and Federal environmental permitting requirements and also the desire of the applicant to
provide an acceptable 9-hole golf course for the residents of the development.
The existing PUD, as currently approved, contains several small pockets of preserves. The developers have
built a golf course over these preserves. They also built a part of the golf course over a ParkfITRV tract. This
amendment is intended to make the PUD docwnent and Master Plan agree with the improvements in place. The
PUD also contained a recreation tract on the northern portion of the project. Most of the existing recreational
tract is proposed to become conservati~nlpreserve tract with a small portion of it remaining as recreation tract.
The petitioner also proposes to expand a Park/ITRV tract on the north side to compensate for the loss of
ParkfITRV tract on the south side. The overall density and number of units will not change, but will be
relocated on the property. These changes will Dot affect the Growth Management Plan.
SURROUNDING LAND USE AND ZONING:
Subject Parcel:
Park ([ravel TrailerlRecreational Vehicle, zoned PUD
South:
ASGM Business Center of Naples zoned PUD - undeveloped, and Estates -
undeveloped
Champion Lakes RV Resort Zòned PUD- undeveloped, and Mobile Home District
- developed
Champion Lakes RV Resort zoned PUD- undeveloped, and Pelican Lakes PUD -
Improved (Residential- Mobile Homes), zoned PUD
Collier Blvd right-of-way, then FLP substation, unimproved Agricultural and
developed Heavy Commercial (C-5)
Surrounding- North:
East:
West:
PUDA-2003-AR-4942, Silver Lakes PUD
5
--------~
Agenda Item No. 178
March 8, 2005
Page 11 of 71
ZONING MAP
EXHIBIT 4
PUDA-2003-AR-4942, Silver Lakes PUD
6
Agenda Item No. 178
March 8, 2005
Page 12 of 71
AERIAL MAP
EXHIBIT 5
PUDA-2003-AR-4942, Silver Lakes PUD
7
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Agenda Item No. 178
March 8, 2005
Page 13 of71
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is designated Urban - Mixed Use District, Urban Coastal Fringe Subdistrict, as identified
on the Future Land Use Map of the Growth Management Plan.
Future Land Use Element (FLUE): Relevant to this petition, this Subdistrict permits a variety of residential· unit
types where densities shall be limited to a maximum of four dwelling units per acre (DU/A), except as allowed
by the Density Rating System to exceed four DU/A through the provision of the Affordable Housing Density
Bonus and the use of Transfer of Development Right credits. The project site, however, is eligible for a
maximum density of three DU/A as it is located within the Traffic Congestion BoundaIy resulting in a one
DU/A reduction and does not qualify for density bonuses.
Eligible Density
Base Density
Traffic Con¡¡z:estion Area
3 DU/A
4 DU/ A
-1 DU/ A
According to the FLUE, the Urban Designation accommodates travel trailer recreational vehicle (TTRV) parks,
provided the following criteria are met:
1.. The density is consistent with that permitted in the Collier County Land Development Code (LDC).
2. The site has direct principal access to a road classified as an arterial in the Transportation Element.
Direct principal access is defined as a driveway and/or local roadway connection to the arterial road,
provided the portion of the local roadway intended to provide access to the R V Park is not within a
residential neighborhood and does not service a predominately residential area.
3. The usage is compatible with surrounding land uses.
The proposed rezone indicates the construction of a maximum of 400 park/TTRV lots and 160 recreational
residential lots within the total project area of ± 146 acres. As noted above, the residential density is limited to
three DU/A. The LDC limits TTRV units to 12 DU/A and provides that the calculation of residential density
includes the total project acreage less the commercial or industrial components and less components having a
use with a residential equivalency (reference LDC Section 2.03.06). Furthermore, the FLUE provides that
commercial and industrial components of a projeçt cannot be utilized in residential density calculations. The
LDC classifies ITRV·use as commercial.
The acreage used to calculate the ITRV density cannot be used to calculate the residential density. However,
all other areas of the PUD (conservation, buffer, commons/recreation) may be used in density calculations,
though the same acreage cannot be used for calculating both the TTRV and the residential densities.
If 53.3 acres of the PUD are used for purposes of calculating residential density for the 160 recreational
residential dwelling units, the density is three DU/A. This leaves a balance of 92.67 acres of the PUD to use for
calculating the TTRV density for the 400 units, resulting in a density of 4.32 DU/A. Accordingly, the
residential density and TIR V density may be found consistent with the FLUE.
PUDA-2003-AR-4942, Silver Lakes PUD
8
Agenda Item No. 178
March 8, 2005
Page 14 of 71
Transportation Element: The Transportation Department has reviewed the amendment, and the Traffic Impact
Statement (TIS) for this petition. The amendment would not result in any additional traffic exceeding that
generated by the previously approved Silver Lakes PUD. As a result, this project is not projected to
significantly impact any Collier County collector or arterial road segment, and therefore this petition is
consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element.
Open Space/Conservation: The PUD document indicates that a combination oflandscape, the FPL easement,
lakes, water management àreas, and qualifying open space areas exceeds the Land Development Code (LDC)
requirements.
ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. These criteria are specifically noted in Section 10.03.05 and Section
10.02.13 of the Land Development Code and required staff evaluation and comment. The Planning Commission
. to the BCC also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for
amendments to PUDs· should establish a factual basis for supportive action by appointed and elected decision-
makers. Each of the potential impacts or considerations identified during the staff review are listed under each
of the criterion noted and are summarized by staff, culminating in a determination of compliance, non-
compliance, or compliance with mitigation. These evaluations are completed as separate documents and are
attached to the staff report (See Exhibit "A" and Exhibit "B").
Environmental Analvsis: This petition was not required to go to the Environmental AdvÏßory Council (EAC)
because the EAC had previously reviewed and approved this application on August 1,2001. Subsequently, 81.
alternative plan was submitted to the EAC on November 7, 2001. which was approved with a recommendation
to relocate the proposed western-most CommonslRecreation area to the eastern side of the property. That
recommendation was found not to be in conformity with an approved South Florida Water Management District
easement and permit through an Administrative Hearing by the State of Florida, Dated July 24, 2002. The
Environmental staff has reviewed an Environmental Impact Statement (April 2001) (Exhibit "C") and the South
Florida Water Management Permit (September 12, 2002) and has recommended approval subject to the
conditions contained in Section 8.8 of the PUD document.
Transportation Analysis: Transportation Department. Staff has reviewed the petition and has recommended
approval subject to the conditions contained in Section 8.5 of the PUD document.
Utility Issues: The Utilities Department Staff has reviewed the petition, and has recommended approval subject
to the conditions contained in Section 8.6 of the PUD document.
Zoning and Land Development Review Analysis: It should be noted that the subject property is éurrently
approved as a mixed use in the existing Silver Lakes PUD for ParklTTRV, recreational residential,
preservation/conservation, recreational, and golf course uses. The amendment would alter the master plan to
conform to the existing development. The conservation/preservation area (3 acres) that had been removed to
develop the golf course would be re-established in a 25-acre tract of land. The PUD Master Plan illustrates a
development permitting 560 dwelling units on 146 acres. The resulting project density remains at 4.32 units per
acre, and is consistent with the Density Rating System. In regards to compatibility with the adjacent properties,
the surrounding land uses of the adjacent developments are as follows: To the north is the approved ASGM
PUDA-2003-AR-4942, Silver Lakes PUD
9
..-....----
Agenda Item No. 178
March 8, 2005
Page 15 of 71
Business Center of Naples PUD, which is undeveloped. To the east is the approved Champion Lakes RV Resort
PUD, which is undeveloped, but is permitted for 300 Mobile Home (MH)/RV units. To the south is the
approved Pelican Lakes PUD, which is developed and permitted for 400 MH units. Based on the intensity and
densities of the surrounding developments, staff is of the opinion that the subject POD is consistent with the
surrounding developments.
NEIGHBORHOOD INFORMATION MEETING:
The petitioner held a Neighborhood Information Meeting on March 25, 2004 that was attended by
approximately 155 individuals. Of those persons who spoke, most expressed a concern as to when the common
and recreation areas would be turned over from the Developer to the Home Owners Association. There were
concerns about what limits would exist for accessory structures. Concern was also expressed with regard to
where a storage component would be located on the property and who would be using it.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition
PUDZ-A-2003-AR-4942 that repeals Ordinance Number 91-90 as described by the Ordinance of Adoption and exhibits thereto, the Silver Lakes PUD regulatory docwnent, and adopts the new POD regulatory docmnent
attached here to.
PUDA-2003-AR-4942, Silver Lakes PUD
10
Agenda Item No. 178
March 8, 2005
Page 16 of71
Business Center of Naples PUD, which is undeveloped. To the east is the approved Champion Lakes RV Resort
POO, which is undeveloped, but is permitted for 300 Mobile Home (MH)iRV units. To the south is the
approved Pelican Lakes POO, which is developed and permitted for 400 MH units. Based on the intensity and
densities of the surrounding developments, staff is of the opinion that the subject PUD is consistent with the
surrounding developments.
Deviation Discussion:
The petitioner is seeking one deviation (see Sections 3.5.G.l, 4.5.G.l, and 5.3.E.l) of the POO document. The
deviation seeks relief from LDC Section 3.05.07 (preservation Standards), which requires all principal
structures shall have a minimum 25-foot setback from the boundary of any preserve. The petitioner maintains
that this reduction is appropriate because the majority on the lots are improved and virtually all of the
infrastructure is in place, and would be in appropriate to change these requirements. The petitioner also
references Section 1.04.03 of the LDC, where provisions oftbis Code shall not affect the intensities ofIand uses
that had been previously approved. Staff has analyzed the deviation pursuant to the requirements of LDC
Sections 10.02.13.A.1.3 and finds the petitioner has adequately demonstrated "the element man be waived
without a detrimental effect on the health, safety and welfare of the community", and further, staff recommends
approval of this deviation.
NEIGHBORHOOD INFORMATION MEETING:
The petitioner held a Neighborhood Information Meeting on March 25,2004 that was attended by
approximately 155 individuals. Of those persons who spoke, most expressed a concern as to when the common
and recreation areas would be turned over from the Developer to the Home Owners Association. There were
concerns about what limits would exist for accessory structures. Concern was also expressed with regard to
where a storage component would be located on the property and who would be using it.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition
POOZ-A-2003-AR-4942 that repeals Ordinance Number 91-90 as described by the Ordinance of Adoption and
exhibits thereto, the Silver Lakes POO regulatory document, and adopts the new PUD regulatory document
attached here to.
PUDA-2003-AR-4942, Silver Lakes PUD
10
P~ARED~ t
~U
MICHAEL 1. ER~, P~IANNER
DEPARTMENf OF ZONING AND
LAND DEVELOPMENT REVIEW
/-l.f-05
DATE
REVIEWED BY:ß/l--
RAY B~. MANAGER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
~~
SU~ MURRAY, AICP, DIRECTOR
DE ARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
1-1./--05
DATE
-1-S-0S
DATE
- APPROVED BY:
r
Tentatively scheduled for the 1/20/05 Board of County Commissioners Meeting
~,-~
PUDA-2003-AR-4942, Silver Lakes PUD
1l
Agenda Item No. 178
March 8, 2005
. Page 17 of71
Agenda Item No. 176
March 8, 2005
Page 180f 71
REZONE FINDINGS
PETITION PUDZ-A- 2003-AR-4942
Division 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, and po6cies and Future
Land Use Map and the elements of the Growth Management Plan.
The density perinitted within the Silver Lakes PUD is consistent with the FLUE as currently provided in
the Growth Management Plan by Policy 5.1 that provides that property zoned prior to the adoption of the
Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the GMP
and designated on the Future Land Use Map series. Therefore, this petition is Consistent by Policy.
2. The existing land use pattern.
To the north is an undeveloped Commercial PUD identified as ASGM Business Center Of Naples, and
an undeveloped Estates zoned tract. To the east is a developed mobile home park, and an undeveloped
PUD identified as Champion Lakes RV Resort. To the south is the undeveloped PUD identified as
Champion Lakes RV Resort, and then the developed Pelican Lakes PUD. To the west is Collier
Boulevard (C.R. 951), and then a FPL sub-station and undeveloped Agricultural (A) and developed
Heavy Commercial (C-5) zoned lands.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The Silver Lakes PUD 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 virtue of its consistency
with the FLUE.
4. Whether existing district boundaries are illogiully drawn in relation to existing conditions on the
property proposed for change.
The proposed amendment to the Silver Lakes PUD doesn't change the currently approved district
boundaries that were previously deemed to be logically drawn in relation to existing conditions at the
time the property was first rezoned to a POD.
5. Whether changed or changing conditions make the passage of the proposed amendment necessary.
The subject property was developed.with a golf course that was not consistent with the approved Silver
Lakes PUD master plan. This amendment is intended to make the PUD document and Master Plan
agree with the improvements in place.
EXHIBIT" A"
PUDA-2003-AR-4942, Silver Lakes PUD
12
Agenda Item No. 178
March 8, 2005
Page 190f71
6. Whether the proposed change will advenely influence living conditions in the neighborhood.
The proposed change will not adversely influence living conditions within the neighboring properties
due to the project's consistency with the OMP and compatibility with neighboring properties. The
proposed rezone will have no significant impact on any adopted level of service standard.
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. The proposed change will result in no
increase in daily trips within the Silver Lakes PUD, as determined by the Traffic Impact Statement.
8. Whether the proposed change wlll create a drainage problem.
The Land Development Code specifically provides the development standards that are designed to
reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to
increase flooding potential oil adjacent property over and above what would occur without development.
In summary, every project approved in Collier County involving the utilization of land for some land use
activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental
activities as a condition of approval. This project was reviewed for drainage relationships and design
and construction plans are required to meet County standards as a condition of approval.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
All projects in Collier County are subject to the development standards that are unique to the zoning
district in which it is located. These development standards and others apply generally and equally to all
zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to
ensure that light penetration and circulation of air does not adverSely affect adjacent areas.
10. Whether the proposed change wlll advenely affect property values in the adjacent area.
The development· standards within the Silver Lakes PUD will not be affected by the requested change to
the PUD document. Therefore, staff is of the opinion that this petition will not adversely affect property
values. It should be noted that the value of property is a subjective detennination based upon anticipated
results, which may beintemal 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
determination by law is driven by market value.
PUDA-2003-AR-4942, Silver Lakes PUD
13
Agenda Item No. 178
March 8, 2005
Page 20 of 71
11. Whether the proposed change will be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations.
The undeveloped properties nearby the proposed PUD should not be affected by the requested
amendment in that the project provides a landscape buffer, increases the area dedicated for
conservation/preserves, and is consistent with the approved zoned projects in the area.
12. Wbetberthe proposed change will constitute a grant of special privilege to an individual owner as
contrasting with the public welfare.
The Comprehensive Planning staff has detennined that proposed amendment to the POD complies with
the GMP. In light of this fact, the proposed PUD Amendment 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 said plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
The subject property is being developed in accordance with the existing purl zoning. The proposed
PUD amendment Silver Lakes and does not seek to alter the current uses or development standards.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the County;
The proposed amendment complies with the GMP 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.
15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts
already permitting such use.
The proposed amendment to the Silver Lakes PUD will not change the list of permitted uses that has
already been approved for the subject site. In addition, there are many sites, which are zoned to
accommodate the subject development. This is not the determining factor when evaluating the
appropriateness of a rezoning decision. This petition is consistent with all elements of the GMP. 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 area within the subject site affected by the proposed amendment is currently structured and
consistent with the Future Land Use Element to receive such development.
PUDA-2003-AR-4942, Silver Lakes PUD
14
Agenda Item No. 178
- March 8, 2005
Page 21 of 71
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 def"med
and implemented through the Collier County Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition
and they have found it consistent with the GMP. The conditions of approval have been incorporated into
the PUD document. Staff reviews for adequacy of public services and levels of service detennined that
required infrastructure meets with GMP established relationships. The proposed change will have no
affect upon those conditions.
PUDA-2003-AR-4942. Silver Lakes PUD
15
Agenda 1tem No. 178
March 8, 2005
Page 22 of 71
FINDINGS FOR PUD
PUDZ-A- 2003-AR4942
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a
rmding as to the PUD Master Plan's compliance with the following criteria:
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
Jurisdictional reviews by County staff support the manner and pattern of development proposed for
the subject property. Development conditions contained in the Silver Lakes PUD document give
assurance that all infrastructures will be developed consistent with County regulations. Any
inadequacies that require supplementing the PUD document will be recommended to the Planning
Commission and the BCC as conditions of approval by staff. Reconunended mitigation measures
will assure compliance with Level of Service relationships as prescribed by the GMP.
2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract,
or other instruments, or for amendments in those proposed, particularly as they may relate tr
arrangements or provisions to be made for the continuing operation and maintenance of sud.
areas and facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provide evidence of unified control. The PUD document
makes appropriate provisions for continuing operation and maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies
of the Growth Management Plan.
The subject petition has been found consistent with the goals, objectives and policies of the GMP.
A more detailed description of this conformity is addressed in the Staff Report.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
The adopted PUD, including all the attendant buffering, land use Locational criteria, and other
compatibility development requirements reasonable assured the project was constructed with internal
and external compatibility addressed.
EXHmIT "B"
PUDA-2003-AR-4942, Silver Lakes PUD
16
A.genda Item No. 178
March 8, 2005
Page 23 of 71
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
As provided in Section V - Commons/Recreation Area and Section VI - Conservation Area of the
PUD Document, the amount of open space set aside by this project is consistent with the provisions
of the Land Development Code.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
Given the fact that the Silvex: Lakes PUD is cunently under development, the timing or sequence of
development in light of concurrency requirements is not a significant problem.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
Due to surrounding property ownership and existing development, it is highly· unlikely that the
Silver Lakes project could be expanded in land area.
. 8. Conformity with POO regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications are justified as meeting
public purposes to a degree at least equivalent to literal application of such regulations.
Much of the property was developed in accordance with the provisions of the adopted PUD
Document. Further, the subdivision was developed in accordance with the development procedural
requirements as contained in Article 3 of the LDC. The proposed PUD to PUD rezoning is intended
to bring the project into conformity with the proposed MPUD Document, when compared to the
land improvements on the ground
PUDA-2003-AR-4942, Silver Lakes PUD
17
Agendélltem No. 178
March 8, 2005
Page 24 of 71
APPLICATION FOR PUBLIC HEARING FOR:
[]PUD REZONE (PUDZ)
~UD TO PUD REZONE (pUDZ-A)
-.--'- -.- .._-
--.-.--"---
Date Received:
Planner Assigned: PUDZ-A-2003-AR-4942
- PROJECT #2003100056
Conunission District: DATE: 10/30/03
- FRED REISCHL
Petition No.:
ABOVE TO BE COMPLETED BY STAFF
1. General Information:
Name of Applicant(s) Conquest Development U.S.A. L.c.
Applicant's Mailing Address 1001 Silver Lakes Blvd.
City Naples
State
Florida
Zip
34114
Applicant's Telephone #
239-775-2575 Fax #
239-775-9989
Applicant's E-Mail Address:
Name of Agent
Dwight Nadeau
Finn
RWA. 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(a),rwa-consult. com
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PL.ANNJNG
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-2400/FAX (941) 643-6968
AUDllc:atlon For Public: HeRrinl! For PUD Rezone 8/29/03
,~,ô"'''''''_·.~._''''''_'''''i'''''''~·'_"'"'''·"'U'',
Agenda Item No. 178
*.Be aware that Collier County has lobbyist regulations. Guide yourself accordingly MparCh2"8, 2f0051
d th t . I· ·th th 1 . age 5 0 7
an ensure a you are m comp lance WI ese regu atlOns..
Complete the following for all Association(s) affiliated with this petition. (provide additional sheets
if necessary)
Name of Homeowner Association: Silver Lakes Property Owner's Association of Collier Co. Inc.
Mailing Address 1001 Silver Lakes Blvd
City Naules
State FL Zip 34114
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
Mailing Address
City
State _ Zip
Name of Civic Association:
Mailing Address
City
State _ Zip
2. Disclosure of Interest Information:
a. If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety, tenancy
in cornmon, or joint tenancy, list all parties with an ownership interest as wen as the
percentage of such interest. (Use additional sheets if necessary).
Name and Address
John Biesemever
Percentage of Ownership
100% of Folio: 73625036240
Philip & Judy Cosart
100% ofF olio: 73625036224
Lucila Tillotson
100% of Folio: 73625036208
ADDlicatioD For Public: Hearioø: For PUD Rezone 8/29/03
''''-'''-~"--'~.~
"---,._,
Agenda Item No. 178
. March 8, 2005
b. If the property is owned by a CORPORATION, list the officers and stockholdtfr~~ð~J 71
percentage of stock owned by each.
Name and Address, and Office Percentage of Stock
Conquest Development U.S.A. L.C 100% of Folios: 00732640000,
73625008155. 73625006568. 73625035089. 73625035186. 73625035160. 73625009688
William E. Brid~ett - Mana~er 50% of Conquest Dev.
1231 ~uintana Ct. Marco Island. FI. 33937
Wayne H. Henuset - Mana~er 50% of Conquest Dev.
32 Lake Sincoe Green. Calgary. Alberta. 12J 5RT
Silver Lakes Property Owners Association
Of Collier County. Inc.
100% of Folio: 73625020023
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address
Percentage of Interest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
·e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers below,
including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
ADDlicatioD Før Public He.rin [ For PUD Rezone 8/29/03
Agenda Item No. 178
March8:"2005
. 1 . 1 deli' al . I·' all .Page.27 Qf 71
f. If any contingency cause or contract terms mvo ve a tion parties, 1st mamduals
or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired (X ) leased (): 8/20/1992 Term of lease
YI's.lmos.
If, Petitioner has option to buy, indicate date of option:
tenninates: , 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
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest fonn.
3. Detailed leeal description of the property covered bv the application: (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 survey (completed within the last six months,
maximUm 1" 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:
10 & 15
Township:
51S
Range:
26E
Lot:
Block:
Subdivision:
Plat Book#: 20.24.25.27.29.31. 33 Page #: 91. 92. 54. 55. 69. 70. 74. 75. 34. 35. 45-47.
33, 37.38 Property I.D.#: 00732640000. 73625008155. 73625006568. 73625035089.
73625035186.73625035160. 73625009688.73625020023. 73625036240. 73625036224.
73625036208
Metes & BoWlds Description: The subiect property being approximately 146 acres is
described as the South Y2 of the Southeast Y4 of Section 10. Township 51 South. Range 26
East, lvine: East of State Road 951, Collier County, Florida, and the South V:t of the Southwest
~ of Section 10, Townshiu 51 South. Range 26 East.lving East of State Road 951. Collier
COWlty. Florida. and the North 220.00 feet of the North Y2 ofllie North Y2 of Section 15.
Townshiu 51 South, Range 26 East. lying East of State Road 951. Collier COWlty. Florida
4. Size ofpropertv: 1590 ft. X 4000 ft. = Total Sq. Ft. 6.360,000 Acres 146.00
5. Address/eenerallocation of subiect property:
ADDllcadoD. For Public Bearin!! For PUD Rezone 8/29/03
1001 Silver Lakes Blvd. Naples. FL. 34114
Agenda Item No. 178
March 8, 2005
t-'age ;as of 71
6.
PUD District (LDC 2.2.20.4):
o Residential 0 Community Facilities
o Commercial 0 Industrial ~ Mixed Use
7. Adjacent ZOOiD!! and land use:
Zoning Land use
N PUD. E-Estates ASGM Business Ctr of Naples - Unimproved. Estate Lot - Unimproved
S PUD Champion Lakes RV Resort - UnimDroved . Pelican Lakes PUD -
Improved íResidentia1- Mobile Homes)
E PUD. MH ChamDion Lakes RV Resort - Unimproved. ME - Unimproved
W A-Agricultural ~ One Comer - FPL Sub-station - Improved. Balance of west property-
C - 5' Unimproved
Does the owner 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). NO
Section:
Township: Range:
Lot:
Block: Subctivision:
Plat Book_ Page #:
Property I.D.#:
Metes & Bounds Description:
8. Rezone Reauest: This application is requesting a rezone from the PUD zoning ctistrict(s) to
~e Mixed-Use PUD zoning district(s).
Present Use of the Property: Infrastructure to SUPDort 373 Dark/travel trailer lots. and 149
recreational residence lots has been constructed in the followinlZ manner: Phase One (plat
Book 20. Pages 91 and 92): Phase Two-A (plat Book 24. Pages 54 and 55): Phase Two-B
(Plat Book 25. Pages 69 and 70): Phase Two-C (Plat Book 27. PalZes 74 and 75): Phase Two-
D (plat Book 29. PalZes 34 and 35: Phase Two-E (plat Book 31. Pages 45-47): Phase Two-F
(plat Book 33. Pages 37 and 38). Phases One. Two-A. and Two-C Phases Two-B. Two-D.
Two-E. and Two-F have received Final Acceutance. As of Februarv 22.2001. 372 Dark/travel
trailer lots have been sold. and 148 recreational residence lots have been sold.
Proposed Use (or range of uses) of the property: Mixed Use Planned Unit DeveloDment-
TTRVC & Residential Uses with Accessorv facilities & areas.
Aoolic:ation For Public: He.rin!! For PUD Rezone 8r.z9103
Original PUD Name: SlIver Lakes PUD Ordinance No.: 91-90
Agenda Item No. 178
March 8, 2005
Page 29 of 71
9. EvåJuation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County
Land Development Code, staff's analysis and recommendation to the Planning Conunission,
and the Planning 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.
PUD Rezone Considerations (LDC Section 2.7.3.2.5)
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
Adoption of the Silver Lakes PUD, in 1991, set the development pattern for the area.
Several similar mixed use type PUD's have been approved and developed adjacent to, and
near by the Silver Lakes Subdivision.
2. Adequacy of evidence of unifìed control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as they
may relate to arrangements or provisions to be made for the continuing operation and
maintenance of such areas and facilities that are not to be provided or maintained at
public expense. Findings and recommendations of this type shall be made only after
consultation with the county attorney.
The existing Silver Lakes Subdivision is unifonnly controlled by the Developer, Conquest
Development U.S.A. L.C., and the Silver Lakes Property Owner's Association of Collier
County Inc. At the time of filing this rezoning petition, the Silver Lakes Property Owner's
Association of Collier County Inc.(SLPOA), had not provided the necessary legal
documents to be a participant in the proposed rezoning. However, it is anticipated that the
SLPOA will be a participant in the rezoning process in the near future.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan.
By virtue of the fact that the Board of County Commissioners adopted the Silver Lakes
PUD Ordinance 91-90, and no administrative challenges were filed related to the adoption
of that zoning district, the PUD is in compliance with the Collier County Growth
Management Plan.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and bujJèring and
screening requirements.
The adopted PUD, including all the attendant buffering, land use loeational criteria, and
other compatibility development requirements reasonable assured the project was
constructed with internal and external compatibility addressed.
ADDllcatlon For Public HearlD!! For PUD Rezooe 8129/03
-..-.-.,---....-----
<c___."
Agenda Item No. .178
5. The adequacy of usable open space areas in existence and as proposed to serve ~Ceh 38Ò ~~~T
development. -.
The proposed :MPUD will provide for effectively the same usable open space areas as was
originally approved in the Silver Lakes PUD Ordinance No. 91-90, with some of those
useable open space areas being shifted.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
The subdivision is constructed, with all utilities having received final acceptance by the
County. Additionally, all but 38 units have received building permits, so with the project
virtually built-out, further concurrency review would not be necessary.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
Due to surrounding property ownership and existing development it is highly unlikely that
the Silver Lakes project could be expanded in land area.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications of justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
Much of the property was developed in accordance with the provisions of the adopted
PUD Document. Further, The subdivision was developed in accordance with the
development procedural requirements as contained in Article 3 of the LDC. Due to certain
lack of clarity for procedural requirements in the LDC, the proposed PUD to :MPUD
rezoning is intended to bring the proj ect into conformity with the proposed MPUD
Document, when compaired to the land improvements on the ground.
10. 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.
11. Previous land use petitions on the subiect property: 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? AR-1404 June 11th, 2002 - Proposing map chanlZes to the PUD Master Plan to
provide a clear depiction of the proiect as it has been develoDed consistent with the existing
PUD document. The Conservation Area (Tract CO), was proDosed to be modified to reflect
the result of the pro;ect's environmental Dermitting, which increased the conservation
commitment from the original 3 acres to the DroDosed 18 acres. Although the residential and
travel trailer development tracts have been reconfigured in the proiect. the acreaees have not
been exceeded since the Poots adoption, nor has the number of units allowed by the PUD
been increased. That land use petition was withdrawn.
12. 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.
ADDUcation For Public He.riDI! For Pun Rezone 8/29103
a. A copy of the pre-application meeting notes;
Agenda Item No. 178
March 8, 2005
P~ge 31 of 71
"
b. If this rezone· is being requested for a specific use, provide twenty (20) copies (this
includes: HUI if affordable housing, Joyce Ernst, if residential and ImmokaleeIWater
Sewer District, if in Immokalee) ofa 24" x 36" conceptual site plan (and one reduced 8Yz"
x 11" copy of site plan], drawn to a maximum scale of I 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 CCPC];
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
· all existing and/or proposed parking 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 hnpact 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 boundaries.
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Fonns 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 WC Section 3.9.5.5.4.).
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic hnpact 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);
ADDllcatlon )lor Public Hearin2 For PUD Rezoue 8/29103
· Agenda Item No. 178
1. Any additional requirements as may be applicable to specific conditiona1~~3~~~
5dentified during the pre-application meeting, including but not limited to anyar%qJfrá'J
state or federal pennits.
J. An electronic version of the PUD on a disk as part of this submittal package.
k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8)
Please be advised that Section 2.7.2.3.2 (3) of the Land Development C:ode requires
an applicant to remove their public hearing advertising sign (s) after final action is
taken by the Board of County Commissioners. Based on the Board's rma] action on
this item, please remove all public hearing advertising sign (s) immediately.
ADDllcatlon For Public Beano!!" For PUD Rezone 8119/03
ORDINANCE NO. O~- _
Agenda Item No. 178
March 8, 2005
Page 33 of 71
AN ORDINANCE AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUN1Y,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP(S) BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" TO "MPUD" MIXED USE
PLANNED UNIT DEVELOPMENT KNOWN AS SILVER
LAKES PUD, FOR PROPERTY LOCATED AT 1001 SILVER
LAKES BOULEVARD IN SECTIONS 10 AND 15,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUN1Y, FLORIDA, CONSISTING OF 146± ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 91-90, THE FORMER SILVER LAKES PUD;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dwight Nadeau of RW A, Incorporated, representing Conquest
Development V. U. S. A., L. C., 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 COUN1Y, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section
10 and 15, Township 51 South, Range 26 East, Collier County, Florida, is changed from
"PUD" to ''MPUD'' Mixed Use Planned Unit Development in accordance with the PUD
Document, attached hereto as Exhibit "A", which is incOlporated herein and by reference
made part hereof. The appropriate zoning atlas map(s), as described in Ordinance
Number 2004-41, as amended, the Collier County Land Development Codes, islare
hereby amended accordingly.
SECTION TWO:
Ordinance Number 91-90, known as the Silver Lakes PUD, adopted on September
24, 2001 by the Board of County Commissioners of Collier County, is hereby repealed in
its entirety.
Page 1 of2
<.~._--
SECTION THREE:
Agenda Item No. 178
March 8, 2005
Page 34 of 71
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Comer County, Florida, this _ day of
.2005.
A TIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
Approved as to Fonn and
Legal Sufficiency
Marjorie M. Student
Assistant County Attorney
PUDZ·A-2003·AR49421MDI1d
Page 2 of2
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Agenda Item No. 178
March 8, 2005
Page 35 of71
SILVER LAKES
A
MIXED USE PLANNED UNIT DEVELOPMENT
PREPARED FOR:
CONQUEST DEVELOPMENT USA, L.C.
1001 SILVER LAKES BLVD.
NAPLES, FLORIDA 34114
PREPARED BY:
UWTANC,
CONSULTING
..L'" y y.J. ....
RWA, INC.
3050 NORTH HORSESHOE DRIVE
SUITE 270
NAPLES, FLORIDA 34104
DATE FILED 5/29/91
DATE REVIEWED ,BY CCPC 8/15/91
DATE APPROVED BY BCC 9/24/91
ORDINANCE NUMBER 91-90
EXHIBIT "A"
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Agenda Item No. 17B
March 8, 2005
Page 36 of 71
TABLE OF CONTENTS
PAGE
LIST OF EXIllBITS
I
STATEMENT OF COMPLIANCE
II
SECTION I
PROPERTY OWNERSHIP & DESCRIPTION
I-I
SECTION II
PROJECT DEVELOPMENT
2-1
SECTION III
LOW DENSITY PARKffRA VEL TRAILER
RECREATIONAL VEHICLE DEVELOPMENT 3-1
SECTION IV
LOW DENSITY RECREATIONAL
RESIDENCE DEVELOPMENT
4-1
SECTION V
COMMONS / RECREATION AREA
5-1
SECTION VI
CONSERVATION AREA
6-1
SECTION VII
BUFFER AREA
7-1
SECTION VIII
DEVELOPMENT COMMITMENTS
8-1
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Agenda Item No. 178
March 8, 2005
Page 37 of 71
LIST OF EXHIBITS
EXHIBIT A
Mixed Use Planned Unit Development Master Plan
I
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Agenda Item No. 178
March 8, 2005
Page 38 of 71
STATEMENT OF COMPLIANCE
The development of approximately 146 acres of property in Collier County, as a Mixed
Use Planned Unit Development to be known as Silver Lakes will be in compliance with
the planning goals and objectives of Collier County as set forth in the Growth
Management Plan (GMP). The recreational residential and recreational facilities of
Silver Lakes will be consistent with the growth policies, land development regulations,
and applicable comprehensive planning objectives for the following reasons:
1) The subject property is within the Urban Coast Fringe Subdistrict Land Use
Designation as identified on the Future Land Use Map as required in
Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element
(FLUE).
2) The proposed gross density of the Silver Lakes development, being 3.83 lots
per acre is derived from the Density Rating System of the FLUE from Collier
County's GMP. Therefore, the gross density of the Silver Lakes development
is consistent with Collier County's GMP.
3) The project development is compatible and complementary to existing and
future surrounding land uses as required in Policy 5.4 of the FLUE.
4) Improvements are planned to be in compliance with applicable forthcoming
land development regulations as set forth in Objective 3 of the FLUE.
5) The project development will result in an efficient and economical extension
of community facilities and services as required in Policy 5.3 of the FLUE.
6) The project development is planned to incorporate natural systems for water
management in accordance with their natural functions and capabilities as
may be required in forthcoming regulations required by Objective 1.5 of the
Drainage Sub-element of the Public Facilities Element.
II
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Agenda Item No. 17B
March 8, 2005
Page 39 of 71
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE:
The purpose of this Section is to set forth the location and ownership of the property, and
to descn"be the existing conditions of the property proposed to be developed under the
project name of Silver Lakes.
1.2 LEGAL DESCRIPTION:
The subject property being approximately 146 acres, is described as the South ~ of the
Southeast y.¡ of Section 10, Township 51 South, Range 26 East, lying East of State Road
951, Collier County, Florida, and the South ~ of the Southwest y.¡ of Section 10,
Township 51 South, Range 26 East, lying East of State Road 951, Collier County,
Florida, and the North 220.00 feet of the North ~ of the North ~ of Section 15, Township
51 South, Range 26 East, lying East of State Road 951, Collier County, Florida.
1.3 PROPERTY OWNERSHIP:
The subject property is cwrently under the ownership of the individual lot owners,
Conquest Development USA, L.C. and the Silver Lakes Property Owners Association of
Collier County, Inc.
1.4 SHORT TITLE
This Ordinance shall be known and cited as the "Silver Lakes Mixed Use Planned Unit
Development Ordinance."
1.5 GENERAL DESCRIPTION OF PROPERTY AREA:
A. The project site is located in Sections 10 and 15, Township 51 South, Range 26
East. Furthennore, the subject property is located on the east side of State Road
951, approximately 1 % miles south of East Tamiami Trail (U.S. 41).
B. The zoning classification of the subject property prior to the date of this approved
MPUD Document was PUD.
1.6 PHYSICAL DESCRIPTION:
The project site is on the east side of Collier Blvd. (S.R. -951) in the Rookery Bay
Watershed. The subject property receives little or no runoff from adjacent properties due
to the existing fann outfall swales on adjacent properties, and the Collier Blvd. (S.R. -
951) drainage system. Traversing through the site is an FPL Easement, which isolates the
property into two portions. Existing ground elevations range from +3.4 to +4.2
N.G.V.D., with the higher elevations in the northeast comer causing a southwesterly flow
of on site runoff.
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Agenda Item No. 178
March 8, 2005
Page 40 of 71
Water management for the proposed project win be accomplished by two interconnected
onsite lakes. Runoff will be directed to the lakes through a series of grass swales and
culvert systems. Project discharge is into the adjacent Collier Blvd. (S.R. -951) roadside
outfall canal that runs along the westerly property boundary, and flows toward Rookery
Bay. The water management system will provide a balance between the needs of the
residents of the project and the requirements of the natural hydraulic systems of the area.
The soils found within the project boundaries include predominantly equal portions of
Arzell fine sand and Charlotte fine sand and minor areas of Immokalee fine sand in the
northwest, southwest, and southeast comers of the property. Soil characteristics were
derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department
of Agriculture in March, 1954.
1.7 PROJECT DESCRIPTION
The Silver Lakes MPUD shall be a mixed-use development incorporating park / travel
trailer recreational vehicle (park/ttrv) development with recreational residential
development. Also, the project will offer diverse recreational amenity opportunities. The
amenities proposed to be provided in the project include, but are not limited to, a 9-hole
golf course, typical accessory uses, structures designed to provide social and recreational
space, lakes, natural and landscaped open spaces, and a wide variety of outdoor
recreational opportunities. Each lot win be served with publicly provided utilities
including potable water and electricity. Collier County provides sewer service via their
central system.
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Agenda Item No. 17B
March 8, 2005
Page 41 of 71
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE:
The pwpose of this Section is to delineate and generally describe the project plan
development, the respective land uses of the tracts included in the project, as well as the
project criteria for Silver Lakes.
2.2 CìE~FU\L:
A Regulations for development of Silver Lakes MPUD shall be in accordance with
the contents of this document, MPUD- Mixed-Use Planned Unit Development
District and other applicable sections and parts of the Collier County Land
Development Code (LDC) and CìMP in effect at the time of building pennit
application.
B. Unless otherwise noted, the definitions of all tenns shall be the same as the
definitions set forth in Collier County LDC in effect at the time of SDP approval
or plans and plat approval, where applicable.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of Silver Lakes MPUD shall become part of the regulations
which govern the manner in which the MPUD site may be developed.
2.3 PROJECT PLAN AND LAND USE TRACTS:
A. The MPUD Master Plan, including layout of streets and general depiction land
use, is illustrated graphically by Exhibit "A", MPUD Master Development Plan.
There shall be land use tracts, plus necessary water management lakes, street
rights-of-way, the general configuration of which is also illustrated by Exhibit
"A".
TYPE
UNITS
ACREACìE +/-
TRACT "A" Park/T.T.R. V. 400 24
TRACT "ARt! RECREATIONAL 160 15
RESIDENCE
TRACT "CR" COMMONS/RBCREATION 0 79
TRACT "COli CONSERVATION 0 25
TRACT "B" BUFFER 0 3
Total 560 146
2-}
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Agenda Item No. 178
March 8, 2005
Page 42 of 71
B. Areas illustrated as lakes by Exhibit "An shall be constructed lakes or, upon
approval, parts thereof may be constructed as shallow, intennittent wet and dry
depressions for water retention purposes. Such areas, lakes and intennittent wet
and dry areas shall be in the same general configuration and contain the same
general acreage as shown by Exhibit "An.
C. In addition to the various areas and specific items shown in Exhibit "An, such
easements as necessary (utility, private, semi-public, etc.) shall be established
within or along the various tracts as may be necessary.
2.4 MAXIMUM PROJECT DENSITY:
A maximum of 400 park/ttrv lots, and 160 recreational residential lots shall be
constructed in total project area. The gross project area is approximately 146 acres. The
gross project density will be a maximum of 3.84 lots per acre for the 560 total lots.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS:
The project shall be platted in accordance with Section 10.02. of the LDC to define the
rights-of-way and tracts as shown on the MPOOMPOO Master Plan, unless ownership is
to remain with one entity (no fee simple selling of lots or tracts), and a SDP is submitted
for approval for the entire area encompassed by the MPOOMPOO Master Plan.
A. If a plat is to be recorded on this project, the following must occur prior to
development of any individual parcel, tract or lots:
1) Plans and plat over the entire MPOO must be submitted and approved in
accordance with the LDC.
2) Construction plan and plat for either the entire MPOO or that portion
proposed for initial construction must be submitted and approved.
B. Further development of any platted tract or parcel shall be subject to the
following:
1) The provisions of Section 10.02.03 of the Collier County LDC, when
applicable, shall apply to the development of all platted tracts of land as
provided in said Division prior to the issuance of a building pennit or other
development order.
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Agenda Item No. 178
March 8, 2005 .
Page 43 of 71
2) The developer of any platted tract or parcel which is intended to be further
subdivided shall be required to submit and receive approval of a
Subdivision Plat, for that tract in confonnance with the requirements
established in Section 10.02.04 of the LOC. Construction Plans and a Plat
shall subsequently be submitted and approved. Additional lakes (i.e.: golf
course lakes), and facilities characteristically incidental to such a
development are excluded from this provision but remain subject to the
requirements of Chapter 3.05.10 of the LOC. Construction plans and a
plat shall subsequently be submitted and approved.
2.6 GENERAL DESCRIPTION OF DEVELOPMENT:
Areas designated for park/ttrv land uses on Exhibit "All are designed to accommodate a
full range of recreational vehicle types and customary accessory uses.
Areas designated for recreational residential land uses on Exhibit IIA" are designed to
accommodate a specific type of residential dwelling as set forth in Section IV.
Approximate acreages of all tracts have been indicated on Exhibit "All in order to indicate
reJative size and distribution of the pennitted uses. These acreages are based on
conceptual designs and must be considered to be approximate. Actual acreages of all
development plan tracts will be provided at the time of development plan approval in
accordance with Section 2.5 of this MPUD Document.
2.7 DEDICATION AND MAINTENANCE OF COMMON FACILITIES:
Easements shall be provided for water management areas, utilities and other purposes as
may be needed. Said easements and improvements shall be in substantial compliance
with the Collier County LOC.
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in compliance with the
applicable regulations in effect at the time approvals are requested.
A property owners organization shall be created and shall be assigned responsibility for
operation, maintenance and management of all commonly owned lands, facilities and
waters within the project.
2.8 PARK TRAILER & RECREATIONAL RESIDENCE MODELS:
Park trailer and recreational residential models, not to exceed 4, (i.e. 1 "Sales Centerll and
3 "Dry Models") shall be permitted in conjunction with the promotion of the
development.
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Agenda Item No. 178
March 8, 2005
Page 44 of 71
No more than three "Dry Models" may be constructed prior to recording a plat for the
project if applied for by the owner. Site(s) for the model(s) must confonn to zoning
standards and be located on a future platted lot. A metes and bounds legal description
shall be provided on the site plan required as part of the building pennit issuance. Access
shall be provided to each model from the model serving as a "Sales Center", or an
approved independent "Sales Center". Access shall be for pedestrian traffic only, no
paved road will be allowed.
A "Sales Center" may be cons1ructed prior to recording of a plat. The "Sales Center"
shall be limited to one structure (one building pennit). It may be serviced by a temporary
utility system (i.e. dry well and septic tankldrain field) prior to availability of central
utility systems, at which time connection to the central system will be made. Interim fire
protection facilities in accordance with NFP A requirements are required unless a
pennanent water system is available to serve the Center.
Review and approval of the "Sales Center" shall follow the requirements of the Site
Development Plan process. A metes and bounds legal description shall be provided as
part of the application. Access to the "Sales Center" shall be provided by a paved road or
temporary driveway, which meets County standards. A water management plan must be
provided which accommodates the run off fÌ'om the "Sales Center", the required parking
and access road I driveway and any other impervious surfaces. The system shall be
designed to fit in with the master water management system for the entire development.
At the time of building pennit application for "Sales Center", a temporary use pennit
shall be obtained. "Sales Centers" may not be occupied until a Certificate of Occupancy
is issued. Models must obtain a conditional Certificate of Occupancy for model pwpose
only. Models may not be occupied until a pennanent Certificate of Occupancy is issued.
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Agenda Item No. 178
March 8, 2005
Page 45 of 71
SECTION In
LOW DENSITY
PARK / TRAVEL TRAILER RECREATIONAL VEInCLE DEVELOPMENT
3.1 PURPOSE
The purpose of this Section is to identifY specific development standards for areas
designated on Exhibit "A" as Tract A, park/ttrv.
3.2 DEFINITIONS: (taken fÌ'om the 2003 Florida Statutes, Chapter 320.01, Definitions,
general. )
A. Recreational Vehicle:
A unit primarily designed as temporary living quarters for recreational, camping,
or travel use, which either has its own motive power or is mounted on or drawn by
another vehicle.
B. Park Trailer:
A transportable unit which has a body width not exceeding 14 feet and which is
built on a single chassis and is designed to provide seasonal or temporary living
quarters when connected to utilities necessary for operation of installed fixtures
and appliances. The total area of the unit in a setup mode, when measured from
the exterior surface of the exterior stud walls at the level of maximum dimensions,
not including any bay window, does not exceed 400 square feet when constructed
to ANSI A-119.5 standards, and 500 square feet when constructed to United States
Department of Housing and Urban Development Standards. The length of a park
trailer means the distance from the exterior of the front of the body (nearest to the
drawbar and coupling mechanism) to the exterior of the rear of the body (at the
opposite end of the body), including any protrusions.
C. Travel Trailer (includes fifth-wheel travel trailer):
A vehicular portable unit, mounted on wheels, of such a size and or weight as not
to require special highway movement permits when drawn by a motorized vehicle.
It is primarily designed and constructed to provide temporary living quarters for
recreationa~ camping, or travel use. It has a body width of no more than 8 ~ feet
and an overall body length of no more than 45 feet when factory-equipped for the
road.
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Agenda Item No. 178
March 8, 2005
Page 46 of 71
D. Camping Trailer:
A vehicular portable unit mounted on wheels and constructed with collapsible
partial sidewalls which fold for towing by another vehicle and unfold at the
campsite to provide temporary living quarters for recreational, camping, or travel
use.
E. Truck Camper:
A truck which is equipped with a portable unit which is designed to be loaded
onto, or affixed to, the bed or chassis of the truck and constructed to provide
temporary living quarters for recreational, camping, or travel use.
F. Motor Home:
A vehicular unit which is built on a self-propelled motor vehicle chassis, and is
primarily designed to provide temporary living quarters for recreational, camping,
or travel use.
3.3 MAXIMUM DWELLING UNITS:
The maximum number ofpark/ttrv lots allowed within the MPUD shall be as follows:
Tract A = 400
Total = 400
3.4 USES PERMITTED:
No building or structure, or part thereof, shall be altered or used, or land used, in whole or
part, for other than the following:
A. Principal Uses:
1) Park Trailers: One (1) perlot.
2) Travel Trailers (including fifth-wheel trailers): One (1) per lot.
3) Camping Trailers: One (1) per lot.
4) Truck Campers: One (1) per lot.
5) Motor Homes: One (1) per lot.
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Agenda Item No. 178
March 8, 2005
Page 47 of 71
6) Any other recreational unit not specifically mentioned above, that is
designed to provide temporary or seasonal living quarters for
recreational, camping, or travel use: One (1) per lot.
B. Accessory Uses:
1) One (1) caretakers residence in conjunction with the operation of the
park, which may be a single family residence subject to the development
standards of the RSF-5 Zoning District, as contained in the Collier
County LDC in effect at the time construction pennits are requested
Furthennore, any three (3) park/ttrv lots may be combined to satisfy this
provision without being subject to Subsection 2.5.B.2 of this document.
2) Accessory uses and structures customarily associated with park/ttrv
recreational vehicle lots, including:
(a) Utility sheds, attached or detached, not to exceed sixty (60) square
feet.
(b) Roofed, aluminum with screen/glass, and/or vinyl enclosed
porches, elevated or at ground level, not to exceed five hundred
(500) square feet. Modular construction of the Accessory
Structure is pennitted, and may be constructed by the
manufacturer of the ''park trailer" Principal Structure, and
assembled together on the lot within designated Tract A lands.
Motor homes intended to be located on lots within the Tract A
lands are pennitted to have a similarly modularly constructed
Accessory Structure.
(c) In addition to the foregoing, roofed, screened or enclosed rooms
permanently anchored to a lot, or attached, provided such screen
rooms are constructed in compliance with all County, State and
Federal building standards.
(d) Structural additions, for which a building pennit was issued, in
existence as of the date of adoption of this MPUD Document may
continue to exist. Expansion of such additions may only be
pursued in strict compliance with the applicable development
standards.
(e) One carport per lot.
3) Utility and drainage facilities.
4) Golf cart paths.
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Agenda Item No. 176
March 8, 2005
Page 48 of 71
3.5 DEVELOPMENT STANDARDS:
A. GENERAL: All yards, set-backs, etc. shall be in relation to the individual parcel
(lot) boundaries.
B. MINIMUM LOT AREA: 2,350 square feet.
C. MINIMUM LOT WIDTH:
1) Corner Lots: Forty-five (45) feet.
2) Interior Lots: Thirty-five (35) feet.
D. MINIMUM YARDS:
1) Front Yard: Ten (10) feet.
2) Side Yard: Five (5) feet.
3) Rear Yard: Eight (8) feet.
E. MAXIMUM GROSS FLOOR AREA: Five Hundred (500) square feet, exclusive
of decks and porches.
F. MAXIMUM HEIGHT:
1) Principal Structure: Fifteen (15) feet.
2) Accessory Structure: Fifteen (15) feet.
G. MINIMUM PRESERVE SETBACK:
1) Principal Structure: Twenty-four (24) feet. Deviation fÌ'om LDC Section
3.05.07 where a principal structure is required to be set back fÌ'om a
preserve twenty-five (25) feet.
2) Accessory Structure: Ten 10 feet.
3.6 PERMANENT LOCATION OF PARK / TIRV UNITS:
Park / travel trailer recreational vehicles may be pennanently located on a lot; however,
no permanent residency is allowed. A covenant running with the land shall be recorded
in Public Records of Collier County referencing the MPUD's restriction on pennanent
residency. Compliance with this provision shall be insured by utilizing the following
enforcement measures:
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Agenda Item No. 17B
March 8, 2005
Page 49 of 71
-
A. Lots Rented: For those parklttrv lots that are rented., the park manager shall
maintain a register of tenants or occupants of the park, noting the duration of the
rental arrangement. This register shall track the occupancy of the owned or
rental lots, and shall be provided to persons employed by Collier County, in an
official capacity, upon their request. Failure to provide said register, duly
describing the persons who have occupied a park/ttrv lot, and their occupancy
shall be subject to the penalties prescn'bed by Collier County.
B. Lots Sold: For those parklttrv lots that are sold, the developer I owner of the
lots shall include in the sales contract a notice that cUITent zoning regulations
prohibits the use of the lot for permanent occupancy. The new lot owner is
responsible for registering his or her arrival and departure fÌ'om their unit with the
manager of the park. Failure to register will hold the new lot owner responsible
for any penalties imposed by Collier County.
3.7 PERMANENCY CONTINGENCY:
If, after the approval of this MPUD, Collier County adopts policy or ordinance to allow
pennanent occupancy of recreational vehicles in TTRVC or similar zoning districts,
Section 3.6 of this MPUD document shall become null and void
3.8 FLOOD PLAIN ELEVATIONS:
All park / travel trailer recreational vehicles and accessory structures shall meet flood
plain elevation if permanently attached to the ground or utility fucilities.
3.9 ANCHORING I SEWER, WATER AND ELECTRICAL CONNECTIONS:
All travel trailer units that require a special license and., or pennit to be transported on
Florida state highways, when positioned on a lot in this MPUD, shall be anchored in
accordance with the standards set forth in the Building Code adopted by Collier County,
and be connected to the public water and sewer system. Additionally, such units must
obtain electrical service directly from the electric utility authorized to provide such
service in Collier County.
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Agenda Item No. 178
March 8, 2005
Page 50 of 71
SECTION IV
LOW DENSITY
RECREATIONAL RESIDENCE DEVELOPMENT
4.1 PURPOSE:
The purpose of this Section is to identify specific development standards for areas
designated on Exhibit "A" as Tract AR, recreational residence.
4.2 DEFINITIONS:
A recreational residence is a transportable unit which has a body width not exceeding 14
feet, and which is built on an integral chassis, and designed to be used as a dwelling when
connected to the required utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems contained therein. All recreational residences located in the
development shall have water closets designed to have a maximum water flushing
capacity of 1.5 gallons. The total area of the unit in a setup mode, when measured from
the exterior surface of the exterior stud walls at the level of maximum dimensions
including expandable rooms, but not including any bay window, shall not exceed 700
square feet. The tota11ength of a recreational residence is the distance from the exterior
of the wall nearest to the drawbar and coupling mechanism, to the exterior of the wall at
the opposite end of the unit, where such walls enclose living or other interior space. Such
distance includes expandable rooms, but excludes bay windows, porches, drawbars,
couplings, hitches, wall and roof extensions, or other attachments that do not enclose
interior space. The tota.llength of a recreational residence shall not exceed 50 feet. All
recreational residences shall be constructed to United States Department of Housing and
Urban Development Standards.
4.3 MAXIMUM DWELLING UNITS:
The maximum number of recreational residential lots allowed within the MPUD shall be
as follows:
Tract AR = 160
Total 160
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4.4 USES PERMITTED:
No building or structure, or part thereof, shall be altered or used, or land used, in whole
or in part, for other than the following:
A. Principal Uses:
1) Recreational Residences: One (1) per lot;
2) All land uses pennitted in Section 3.4.A. of this document.
B. Accessory Uses:
I) Accessory uses and structures customarily associated with residential lots,
including:
(a) Utility sheds, attached or detached, not to exceed sixty (60) square
feet.
(b) Roofed, aluminum with screen! glass, and/or vinyl enclosed
porches, elevated or at ground level, not to exceed seven hundred
(700) square feet. Modular construction of the Accessory
Structure is permitted, and may be constructed by the
manufacturer of the ''recreational residence" Principal Structure,
and assembled together on the lot within designated Tract AR
lands.
(c) In addition to the foregoing, roofed, screened or enclosed rooms
permanently anchored to a lot, or attached, provided such screen
rooms are constructed in compliance with all County, State and
Federal building standards.
(d) Structural additions, for which a building pennit was issued, in
existence as of the date of adoption of this PUD Document may
continue to exist. Expansion of such additions may only be
pursued in strict compliance with the applicable development
standards.
( e) One carport per lot.
2) Utility and drainage facilities.
3) Golf cart paths.
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4.5 DEVELOPMENT STANDARDS:
A. GENERAL: All yards, setbacks, etc. shall be in relation to the individual parcel
(lot) boundaries.
B. MINIMUM LOT AREA: 3,800 square feet.
C. MINIMUM LOT WIDTH:
1) Comer Lots: Fifty-five (55) feet.
2) Interior Lots: Forty-five (45) feet.
D. MINIMUM YARDS:
1) Front Yard: Ten (10) feet.
2) Side Yard: Five (5) feet.
3) Rear Yard: Eight (8) feet.
E. MAXIMUM GROSS FLOOR AREA: Seven Hundred (700) square feet,
exclusive of decks and porches.
F. MAXIMUM HEIGHT:
1) Principal Structure: Fifteen (15) feet.
2) Accessory Structure: Fifteen (15) feet.
G. MINIMUM PRESERVE SETBACK:
1) Principal Structure: Twenty-four (24) feet. Deviation from LDC Section
3.05.07 where a principal structure is required to be set back from a
preserve twenty-five (25) feet.
2) Accessory Structure: Ten 10 feet.
4.6 ANCHORING / SEWER, WATER AND ELECTRICAL CONNECTIONS:
All recreational residential units, when positioned on a lot in this MPUD, shall be
anchored in accordance with the standards set forth in the Building Code adopted by
Collier County for mobile homes, and be connected to the public water and sewer system.
Additionally, such units must obtain electrical service directly from the electric utility
authorized to provide such service in Collier County.
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SECTION V
COMMONS / RECREATION AREA
5.1 PURPOSE
The purpose of this Section is to set forth the development plan and development
standards for the areas designated as Tract CR, Commons / Recreation Area on Exhibit
"A". The primary function and pwpose of this Tract will be to provide access and
aesthetically pleasing open areas, hunicane evacuation shelter facilities for recreational
uses, and use areas intended to satisfy the resident's basic needs for a quality recreational
opportunity. Except in areas to be used for water impoundment and principal or
accessory use areas, all natural trees and other vegetation, as practicable, shall be
protected and preserved.
5.2 USES PERMITTED:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1) Utility, water management and rights-of-way easements.
2) Golf courses for use by the residents of the development, and golf cart
paths.
3) Structures which house social, administrative, or recreational facilities.
4) Hurricane evacuation facilities for recreational residential land uses.
5) Lakes.
6) Signage for project identification or advertising.
7) Pedestrian and bicycle paths or other similar facilities constructed for
pwposes of access to, or passage through the commons areas.
8) Small docks, piers or other such facilities constructed for purposes of lake
recreation, or mooring, or use of non-internaI combustion lake recreation
apparatus used by residents of the project.
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9) Shuffleboard courts, tennis courts, swimming pools, and other types of
facilities intended for outdoor recreation.
B. Accessory Uses:
1) Clubhouse, pro-shop, practice driving range and other customary
accessory uses of golf courses.
2) Customary accessory uses or structures incidental to recreational areas
and, or facilities, including structures constructed for pwposes of
maintenance, storage (including R.V. storage), recreation or shelter with
appropriate screening and landscaping.
3) Upon completion of the development of this project, convenience
establishments of a commercial nature including stores, laundry and dry
cleaning agencies, beauty shops and barber shops shall be pennitted
subject to the following restrictions: Such establishments and the parking
area primarily related to their operations shaH not occupy more than five
(5%) percent of the project; shall be subordinate to the use and character
of the project; shaH be located in the area of the northernmost and, or
westernmost recreation facilities as may be depicted on the MPUD Master
Plan. Said accessory commercial uses shall serve the exclusive trade of
the service needs of the persons residing in the project; and shall present
no visible evidence of their commercial character from any portion of any
public street or way outside the project.
4) Solid waste refuse facilities (i.e.: dumpster, compactor, etc.)
5.3 DEVELOPMENT REGULATIONS:
A. Overall site design shall be hannonious in tenns of landscaping, enclosure of
structures, location of access streets and parking areas, and location of screened
areas.
B. All buildings shall be setback a minimum of fifteen (15) feet from all parcel
boundaries and the right-of-way tract.
C. Buildings shall be set back a minimum of thirty-five (35) feet from abutting off
site residentially zoned districts, and a minimum fifteen (15) foot Type "B"
landscape buffer shall be provided.
D. Lighting facilities shall be arTanged in a manner which will protect roadways and
neighboring properties from direct glare, or other interference.
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E. Preserve Setbacks:
1) Principal Structure: Twenty-four (24) feet. Deviadon fTom LDC Section
3.05.07 where a principal structure is required to be set back from a
preserve twenty-five (25) feet.
2) Accessory Structure: Ten 10 feet.
F. A Site Development PIan in compliance with these Development Regulations
shall be required in accordance with Section 2.5 of this MPUD document.
G. Maximum Height:
1) Principal Structure: Thirty-five (35) feet.
2) . Accessory Structure: Fifteen (15) feet.
H. Minimum Off-Street Parking and Loading:
1) Private Golf Course: Two (2) spaces per whole plus one (I) space per
300 square feet for office / lobby / pro shop / health club / clubhouse /
lounge / snack bar / dining / meeting room areas and 50% of normal
requirements for exterior recreation uses not accessory to the golf course
use including: swimming pools and tennis courts. No additional parking
shall be required for a golf course. Golf cart, golf bag, and equipment
storage rooms; maintenance buildings; and rooms for mechanical
equipment shall be computed at one (1) space per 1,000 square feet.
2) Recreation (non - golf course) / Administrative Areas: One (1) space per
tennis court; one (1) space per 150 square feet of water area for the first
1,000 square feet, and one (1) space per additional 250 square feet of
water area for swimming pools, spas and hot tubs. One (1) space per
additional 250 square feet of gross floor area for other (enclosed)
recreational/administrative facilities.
3) Convenience Commercial Areas: One (1) space for each 250 square feet
of gross floor area for all uses set forth in Sub-section 5.2.B.3. of this
document.
4) Loading Areas: As required by the LDC at the time of Final Site
Development Plan approval.
I. Landscaping: The landscaping requirements shall conform to the County code in
effect at the time of Final Site Development Plan I Construction Plan approval.
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5.4 HURRICANE SHELTERS:
The clubhouse called the Silver Lakes Clubhouse was constructed to specifications in
place at the time of building pennit application. However, since that time period it has
been detennined that Hurricane Shelters shall not be provided within the Coastal High
Hazard area. Therefore, the Clubhouse shall not be deemed a hurricane shelter.
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SECTION VI
CONSERVATION AREA
6.1 PURPOSE:
The pwpose of this Section is to set forth the development plan for the areas designated
as Tract CO, Conservation Area on Exhibit "A". The primary ftmction and purpose of
this Tract will be to preserve and protect native flora and fauna in its natural state.
6.2 USES PERMI'ITED:
No structure or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal· Uses:
1) Open Spaces / Nature Preserves.
2) Boardwalks or pervious paths constructed for the enjoyment of, the
conservation area by the residents of the project.
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SECTION VII
BUFFER AREA
7.1 PURPOSE:
The purpose of this Section is to set forth the development plan for the areas designated
as Tract B, Buffer Area on Exhibit "A" Tract "B", Buffer Area, is an easement intended
to protect residential land uses from more intensive residential land use, possible impacts
from adjacent roadways and, or nonresidential land uses. Although no structures other
than those set forth in this Section may be located within buffer easements, buffer
easements shall be included in yard requirements set forth elsewhere in this document.
7.2 USES PERMITTED:
A. Principal Uses:
I) Landscaped buffer in accordance with the LDC in effect at the time of
Final Site Development Plan approval. Existing native plant types may be
substituted for those plant types mentioned in the LDC subject to
Planning Services Staff administrative approval.
2) Benns
a. Grassed benns: 4:1 maximum slope.
b. Berms planted with ground cover and landscaping: 3: 1 maximum
slope.
3) Fences / walls: In accordance with the LDC in effect at the time of Site
Development Plan approval.
4) Signage.
B. Accessory Uses:
1) Utility and drainage facilities.
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7.3 DEVELOPMENT REGULA nONS:
A. A twenty (20) foot wide right-of-way dedication has been provided and
maintained adjacent and parallel to the Collier Blvd. (S. R. 951) rights-of-way.
Furthennore, adjacent and to the east of the clear area, a twenty-five (25) foot
buffer shall be provided and maintained to effectively screen this project ftom the
roadway. The property owners organization shalJ be charged with the
responsibility of maintaining said clear area and buffer.
B. For those areas identified on Exhibit "A" as Tract B, other than those addressed in
"A" above, shall be maintained with a minimum fifteen (15) foot wide buffer
strip.
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Agenda Item No. 178
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SECTION VIII
DEVELOPMENT COMMITMENTS
8.1 PURPOSE:
The purpose of this Section is to set forth the development commitments for the
development of the project.
8.2 GENERAL:
All facilities shall be constructed in strict accordance with the Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes and
regulations in effect at the time of submissions. Tbe Developer, his successor and
assigns shall be responsible for the commitments outlined in this document.
Tbe Developer, his successor or assignee shall agree to develop in accordance with
Exhibit "A", MPUD Master Plan, and the regulations of the MPUD as adopted, and any
other conditions or modifications as may be agreed to in the rezoning of the property. In
addition, the Developer will agree to convey to any successor or assigns in title, any
commitments within this agreement.
Tbe Developer and all subsequent petitioners are hereby placed on notice that they shall
be required to satisfy the requirements of all County ordinances or codes in effect prior to
or concurrent with any subsequent development order relating to this site. This includes,
but is not limited to, platting and any other application that will result in the issuance of a
final or final local development order.
8.3 MPUD MASTER PLAN:
A. Exhibit "A", MPUD Master Plan illustrates the proposed development Minor site
alterations may only be administratively handled pursuant to Sections 10.02.03
and 10.02.05 of the LDC.
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
8.4 SCHEDULE OF DEVELOPMENT:
A. A development plan shall be submitted, where required, for each phase of
development identified in this Section. Applicability of the site development plan
procedure to this MPUD is set forth in Section 2.5 of this document.
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Silver Lakes MPUD is planned to be developed in two phases. The development
of Phase I may include the construction of 178 parklttrv lots and 81 recreation
residence lots along with their related ÍDftastructure. The lakes and recreation
facilities may also be developed in Phase Y. The plan of development for Phase II
will be to construct the remaining lots and related infrastructure, as well as the
remaining recreation facilities. The developer reserves the right to develop
portions of the described phases, or both phases simu1taneously, as market
demands change. Commencement of construction of Phase II will occur no later
than three (3) years after Phase I is completed.
8.5 TRANSPORTATION AND ENGINEERING:
A. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FOOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design
Standards, current edition, and the Manual On Uniform Traffic Control Devices
(MUTCD), current edition. All other improvements shall be consistent with and
as required by the Collier county LDC (LDC)
B. A 20 ft. wide strip of land along the entire west property line was dedicated for
widening of Collier Blvd. (S.R. 951).
C. A FOOT right-of-way pennit shall be provided before construction plans
approval. All work within Collier County rights-of-way or public easements shall
require a Right-of-way Permit.
D. A letter of no-objection ftom Florida Power and Light allowing encroachment in
the Florida Power and Light easement shall be provided before construction plans
approval.
E. The Developer provided a southbound left turn lane on Collier Blvd. (S.R. 951) at
the project entrance. Its length is sufficient to accommodate two of the largest
vehicle combinations expected to use it.
F. The developer provided a turning radius of not less than 50 feet to serve
northbound turning movements.
G. Arterial level street lighting shall be provided at all access points. Access lighting
must be in place prior to the issuance of the first Certificate of Occupancy (CO).
H. Approval of the entrance location at this time does not imply that a median
opening will be permitted upon the four laning of Collier Blvd. (S.R. 951).
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Agenda Item No. 17B
March 8, 2005
Page 62 of71
1. Site-related improvements necessary for safe ingress and egress to this project, as
detennined by Collier County, shall not be eligible for impact fee credits. All
required improvements shall be in place and available to the public prior to the
issuance of the first CO.
J. Road impact fees shall be paid in accordance with Collier County Ordinance 01-
13, as amended, and Sections 6.02.000 and 10.02.07 of the Collier County LDC,
as it may be amended.
K.. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution 01-247), as it may be amended,
and the LDC, as it may be amended. Collier County reserves the right to modify
or close any median opening existing at the time of approval of this PUD which is
found to be adverse to the health, safety and welfare of the public. Any such
modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
L. Nothing in any development order shall vest a right of access in excess of a right
inlright out condition at any access point. Neither will the existence of a point of
ingress, a point of egress or a median opening, nor the lack thereof, shall be the '
basis for any future cause of action for damages against the County by the
developer, its successor in title, or assignee.
M. All internal roads, driveways, alleys, pathways, and sidewalks shall be operated
and maintained by an entity created by the developer and Collier Country shall
have no responsibility for maintenance of any such facilities.
N. If any required turn lane improvement requires the use of existing County right-of-
way or easement, compensating right-of-way, shall be provided without cost to
Collier County as a consequence of such improvement.
O. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be
borne by the developer and shall be paid to Collier County before the issuance of
the first CO.
8.6 UTILITIES
A. Water distribution, sewage collection and transmission and interim water and I or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance
No. 01-57, as amended, and other applicable County rules and regulations.
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,-
B. All customers connecting to the water distribution and sewage collection
facilities to be constructed will be customers of the County and will be billed by
the County in accordance with the County's established rates. Should the County
not be in a position to provide water and / or sewer service to the project, the
water and / or sewer customers shall be customers of the interim utility
established to serve the project until the County's off-site water and / or sewer
facilities are available to serve the project.
C. It is anticipated that the County Utilities Division will ultimately supply potable
water to meet the consumptive demand and / or receive and treat the sewage
generated by this project. Should the County system not be in a position to supply
the potable water to the project and / or receive the project's wastewater at the
time development commences, the Developer, at his expense will install and
operate interim water supply and on-site treatment facilities and / or interim on-
site sewage treatment and disposal facilities adequate to meet all requirements of
all the appropriate regulatory agencies. If an existing private utility will be
utilized to provide service to the project, such service shall be regarded as interim,
with the project connecting to County owned facilities when they become
available.
An agreement shall be entered into between the County, the interim utility
purveyor and the developer, binding on the interim purveyor and the developer,
his assigns or successors regarding any interim treatment facilities to be utilized
The agreement must be legally sufficient to the County, prior to the approval of
construction documents for the project, and be in confonnance with the
requirements of Collier County Ordinance No. 01-57, as amended.
D. The existing off-site water facilities of the District must be evaluated for hydraulic
capacity to serve this project and reinforced as required, if necessary, consistent
with the County's Water Master Plan to insure that the District's water system can
hydraulically provide a sufficient quantity of water to meet the anticipated
demands of the project and the District's existing committed capacity.
E. The on-site water distribution system to serve the project must be connected to the
District's lO-inch water main on the east side of SR-951 (Isle of Capri Road) and
extended throughout the project During design of these facilities, the following
features shall be incorporated into the distribution system:
1) Dead end mains shall be eliminated by looping the internal pipeline
network on cul-de-sacs, unless otherwise approved by the Collier County
Utilities Division.
2) Stubs for future system interconnection with adjacent properties shall be
provided to the east, south and the west property lines of the project, at
locations to be mutually agreed to by the County and the Developer during
the design phase of the project.
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F. The utility construction documents for the project's sewerage system shall be
prepared to contain the design and construction of the on-site force main which
will ultimately connect the project to the future central sewerage facilities of the
District in the SR 951 rights-of-way. The force main must be extended from the
main on-site pump station to the east rights-of-way. The force main must be
extended ftom the main on-site pump station to the east rights-of-way line of
Collier Blvd (S.R951) capped and valved for future disconnection ftom the
proposed interim utility system to serve the project. The configuration will pennit
the simple redirection of the project's sewerage when connection to the County's
central sewer facilities becomes available.
G. OTHER UTILITIES
Telephone, power, and TV Cable service shall be made available to all park- /- ttrv
and residential areas. All such utility lines shall be installed underground.
8.7 WATER MANAGEMENT:
A. Detailed paving, grading and site drainage plans shall be submitted to Project
Review Services for review. No construction permits shall be issued unless and
until approval of the proposed construction in accordance with the submitted plans
is granted by Project Review Services.
B. Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County LDC.
C. An Excavation Pennit will be required for the proposed lakes in accordance with
Section 3.05.10 of the LDC, and SFWMD rules.
D. Fill material from the lake is planned to be utilized within the project. However,
excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards
may be removed and utilized off-site subject to the requirements of the LDC,
including but not limited to traffic impact fees, etc. Removal of material in excess
of 10% of the total, or a maximum of 20,000 cubic yards must meet the
requirements of a commercial excavation pursuant to Section 3.05.10 of the LDC.
E. A copy ofSFWMD Permit or Early Work Pennit is required prior to construction
plan approval.
F. A Florida Department of Transportation permit approval to outfall into Collier
Blvd. (S.R 951) right-of-way shall be submitted before construction plan
approval. I f Department of Transportation requirements for water management
significantly alters the master plan submitted for approval at this time, the
petitioner shall consult with Planning Services who shall coordinate with Project
Review Services to affirm that the project design is consistent with the approved
master plan.
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Agenda Item No. 178
March 8, 2605
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G. The off-site drainage will be routed through the project in an interceptor swale that
discharges to the Collier Blvd. (S.R 951) canal or to an existing ditch located on
the easterly adjacent property at the property boundaries. The off-site drainage
will not be incoIporated in the on-site water management system.
H. At the time of construction plans review, petitioner shall provide analysis on the
capacity of the proposed off-site runoff interceptor swale.
I. The proposed off-site runoff interceptor swale shall be platted and dedicated as a
drainage easement.
J. All proposed easements for Collier County Stonnwater facilities shall be
maintained free of landscaping, berms or any other kind of obstacles that would
impede adequate access to maintenance crews and equipment.
8.8 ENVIRONMENTAL:
A. This MPUD shall be consistent with the Environmental section of the GMP
Conservation and Coastal Management Element and the LDC at the time of final
development order approval.
B. this MPUD shall comply with the guidelines and recommendations of the
USFWS and FFWCC for impacts to protected species. A Habitat Management
Plan for those protected species shall be submitted to Environmental Services
Department Staff for review and approval prior to final Site Plan! Construction
Plan approval.
C. Except where provided for elsewhere in this document, all new principal
structures erected or placed pursuant to permits applied for after the effective date
of this MPUD shall have a minimum setback of 25' from the boundary of any
preserve. Accessory structures and all other site alterations shall have a minimum
IO-foot setback.
D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, shall be removed from within preserve areas by the Developer and
subsequent annual removal of these plants (in perpetuity) shall be the
responsibility of the property owner.
E. A Preserve Area Management Plan shall be provided to Environmental Staff for
approval prior to site/construction plan approval identifying methods to address
treatment of invasive exotic species, fire management, and maintenance.
F. All required approved Agency (SFWMD, ACOE, FFWCC) pennits shall be
submitted prior to final Site Plan! Construction Plan approval.
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G. Areas that fulfill the native vegetation retention standards and criteria of the
Growth Management Plan shall be set aside as preserve areas. All preserve areas
shall be identified as separate tracts and be protected by a permanent conservation
easement to prohibit further development.
H. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted
to Environmental Services Department Staff by the Developer for review and
approval prior to final site plan/construction plan approval. A schedule for
removal of exotics within all preservation areas shall be submitted by the
Developer with the above-mentioned plan.
8.9 PLANNING COMMITMENTS:
A. Improvements within Unit 30B, as described in the Deltona Settlement
Agreement, on the site shall meet the requirements of the Deltona Settlement
Agreement at the time of pennit submission.
B. Although Construction Plans / Plates) may be approved, the Silver Lakes
development may not proceed with infrastructure improvements prior to May 1,
1992. Site Development Plan approval and the resulting construction of a "Sales
Center" and associated "Dry Models" are exempt from this provision.
C. If during the course of site, clearing, excavation, or other constructional activities,
an archaeological of historical site, artifact, or other indicator is discovered,
Section 2.03.01 of the Collier County LDC shall be followed.
D. All platted Commons Recreation Tracts, except Tract CR 8 recorded in Plat Book
24, Pages 54 and 55, shall be turned over to the Silver Lakes Property Owners
Association upon completion of the subdivision, and remedial commitments have
been completed.
8.10 SIGNS:
All signage shall be in accordance Section 5.04.04 of the LDC, with the following
exceptions;
A. Two (2) project identification signs may be affixed to a proposed wall adjacent
and along the Collier Blvd. (S.R. 951) frontage, and may protrude above said wall
to the extent of not more than three (3) feet, subject to the following requirements:
8-7
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Agenda Item No. 178
March 8, 2005"
" Page 67 of 71
1) Such signs shall contain only the name of the development, the insignia or
motto of the development and shall not contain promotional or sales
material;
2) Any project identification sign(s) shall not exceed sixty (60) square feet.
B. One (1) ground or wall sign may be located along the Collier Blvd. (S.R. 951)
frontage for the purpose of promoting the development. Such a promotional sign
shall not exceed thirty (30) square feet.
8.11 LANDSCAPING FOR OFF-STREET PARKING AREAS:
All landscaping for off-street parking areas shall be in accordance with the Co1lier County
LDC in effect at the time of Final Site Development Plan approval.
8.12 POLLING PLACES:
Pursuant to the LDC, provision shall be made for the future use of building space within
common areas for the purposes of accommodating the function of an electoral polling
place.
An agreement recorded in the official records of the Clerk of the Circuit Court of Collier
County, which shall be binding upon any and all successors in interest that acquire
ownership of such common areas including, homeowners associations, or tenants
associations. This agreement shall provide for said community recreation / public
building / public room or similar common facility to be used for a polling place if
detennined to be necessary by the Supervisor of Elections.
8-8
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· ' ./ _Agenda Item No. 178
~·F .-:;21~~?~~
SUver La1ces Propert\t ~ AlIØdA~ øf CoUter CØWt1t\f ~.
1001 SUva- LAw &U1evAtb )þ) rër~ f'UW1~fIfJ
""A~~ . LßJ,!:I~ ~ ~
OctOber 29, 2004 NOV 3 2004 NOV 0 1 200It
Mr. Joseph Schmitt ZONING DEPARTMENT ~ COMMtHTYt::~.~..;æ;... J.
C.C. CommODity Development & Environmental Services Division ¡;;; ~- ___--fI"1'
2800 North Horseshoe Drive ,¿J ~
Naples;FL34104 '1 ~ /V;~~ }/~I..~
Dear Mr. Sc:hmitt. J;j:t {J ''/'
I would like to thank you and your &taft; especially Mr. Michael Deruntz, for your assistance in recent weeks.
It is refreshing to know that when you need assistance county staff is always there to help.
Enclosed is a copy of the letter I sent to Dwight Nadeau ofRW A Consulting and Atty. Anthony Pires for your
records.
To repeat what I said in my e-mail advising you of our action the vote took place after a great deal of
discussion. There were concerns by the Board that our action appears to be a reversal of our past position of wanting
CR land in the NE comer for a future storage site not in the west end as will be the result of this PUD amendment.
However, in looking at the whole picture, the Board took a position that sometimes in order to move forward
you have to take a step back. There were many other important items beneficial to the commuuity in the PUD
amendment that took precedence over the desire to have some CR land tracts in the northern area at this âme. There is
also pending litigation initiated by the Association over the ownership of the 40 acres that was taken into
consideration.
The Board felt that at some future date after the litigation is resolved and all the land in the project has been
turned over to the Association the Association may consider amending the PUD itself and seek permission to flip the
west end CR tract to either the middle or east end through mitigation or whatever procedure might be available at the
time. The ~or concern was that if we accepted the west end CR now and ultimately won the litigation we would
never be able to change it or flip it to the east end because we agreed to it now.
The Silve1' Lakes community has had a great deal of support ftom the various Collier County Boards,
Committees and staff We sincerely appreciate that support and hope that it will continue into the future.
The Board would appreciate ¡fyou would place this letter in the PUD file for future reference.
Ve1Y truly yours,
-" 6? ~.4 fJLßL~
~ P. DeChellis, PrcS1dent, S.L.P.O.A
2608 Simmons Rd
Middlcborough, MA 02346
Cell (239) 775-7205
C.c. Michael Deruntz
. ...-,.......-.....-- ...
Agenda Item No. 178
March 8, 2005
Page 69 of 71
SUver LAlcu Prøpert\t ~ A.IØdAtkm of Cø11kr ~ me.
1001 Si1ver LAke. &W1evA11>
'NAp1e., fIoribA *114
October 29, 2004
Mr. Dwight Nadeau
RWA Consulting Inc.
30S0 North Horseshoe Drive, Suite 270
Naples, Fl341 04
Dear Mr. Naedau,
Please be advised that the Silver Lakes Property Owners AssociatiOD's Board ofDircctor...v.otcd the following
motion at its meeting of October 28,2004.
... "That the S.LP .O.A. advise Dwight Nadeau, repreønlÚll Conquest Development, and CoWer county ICaff
that the Silver LUes Property Ownen Auoelad.on, In order to n.pedite the PUD ....__eat proeesa, wiD not
oppose the remov81 of the CR mact north of the Di8moDd Clubbouse or the CR tract iD the northeat corner of
the project.. currently depicted 8Dd .ubmitted. We abaII ùo advise Atty. Anthony Pires to lubmit the POAt.
atlidavit in support of the PUD ....eDdmea.t forthwith to the appropriate parties."
We sincerely hope that this removes any obstacles in your efforts to get the PUD lII11endment moving quickly
. through the rest of the process and ultimately in ftont of the County Commissioners for approval.
Because you are pIescnting this amendment to the county we are relying on you to insme that the statements
made to the homeowners at the public hearing e&rÜer this year at Silver Lakes come to ûuition. As you are aware
there has been a certain amount of mistrust between the developer and the Silver Lakes community in past years.
The Board hopes that this action will be a step in a new direction that will promote a better understanding
between the developer and the community and that the developer can finish his project to the benefit of all.
V cry truly yours.
.. (U~u aLA ~
.Jjbn P. DeChellis. President
V§Uver Lakes Property Owners AsSOCiation
(North Address)
2608 Simmons Rd.
Middleborough. MA 02346
Cell (239) 775-7205
c.c. Joseph Schmitt, Michael Deruntz, Collier County
Atty. Anthony Pires
Agenda Item No. 178 .
March 8, 2005
Page 70 of 71
SHver Lakes MPUD
List of Deviations
Deviation #1 seeks relief from LDC Section 3.05.07., that required a principal structed to be set
back from a preserve twenty-five (25) feet. As the majority of the lots are improved and
virtually all of the infrastructure in place, it would be inappropriate to change these requirements.
Additionally, pursuant to Section 1.04.03 of the LDC, "Certain previously approved
development orders. The provisions of this Code shall not affect the types, densities and
intensities of land uses or the yard or landscape buffer width requirements of any (1) final
subdivision plat and final improvement plan, (2) final site development plan, or (3) phased site
development plan that has been approved for at least one final site development plan, provided
each such development order was lawfully issued prior to the effective date of this Code and
remains effective according to the time limits and provisions established by this Code."
3.5.G.l Principal Structure: Twenty-four (24) feet. Deviation from LDC Section 3.05.07 where
a principal structure is required to be set back from a preserve twenty-five (25) feet.
4.5.G.l Principal Structure: Twenty-four (24) feet. Deviation from LDC Section 3.05.07 where
a principal structure is required to be set back from a preserve twenty-five (25) feet.
5.3.E.l Principal Structure: Twenty-four (24) feet. Deviation from LDC Section 3.05.07 where
a principal structure is required to be set back from a preserve twenty-five (25) feet.
1
C:\Documents and Settings\denmtzmichael\Local Settings\Temporary Internet Files\OLK138\Silver Lakes-Dcviations-l-I3-6S.doc
'--'~.'"
Agenda Item No, 17B
March 8, 2005
Page 71 of 71
SIL VER LAKES
MPUD MASTER PLAN
TRACT "S"
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o i: ¡III m\ I~t ~ II II ''-- .J ¿I ---~-~ ........'--.':.:/(( r 1J ~I Ur
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LEGAL DESCRrPTJON
THI: IO\.I'M-! 1L\1? or 'ftII IO'JrHJ:.l.n
JUJlÇJ IiIS I~, :'YafG I'JII' or ITA
TD IOIJ'I'fI HAI.J' OJ" THE SClLI't'Mnrr
1WfC3: II un, LrJllC r..urr OF ST4
"..t HOlm( 1110.00 rD..,. 0' om. NCII"1'K "~'J!
fO'lnfsnll" III !lauTH, RANOa: ae IWIt. LY'IIf(J.
:~~w.~:~ A:~H~~~~~1"I~:;¡oRt.
JO. TOlrNIJlIP 61 IO!.1'1'H
OUIfI'Y. Ft.ORJDA. oUiD
10, TOft8l(IJt IJ lOUTH,
Olr.'n'Y, n.oRmA. AND
HAl'" 0' 81CTlOJl HI,
R04.J) .1, COUŒR COUNTY
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LAND USE SUMMARY
TRACT
TRACT "A"
TRACT "AR"
TRACT "CR"
TRACT "CO"
TRACT "B"
TOTAL
LAND USE
PARK/TTRv' AREA
RECREAT)ONAL RESJDENCE AREA
COMMONS/RECREATION AREA
CONSERVATIO!\ AREA
BUFFER AREA
ACREAG E
24 -/- ACRES
15 + (- ACRES
79 +/- ACRES
25 + /-- ACRES
3 + /- ACRES
ï4ã +/- ACRES
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